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THE WORKS 



OF 



HUBERT HOWE BANCROFT 



THE WOPxKS 



OF 



HUBERT HOWE BANCROFT 



VOLUME XXX 



HISTORY OF OREGON 

VOL. II. 1848-1888 



SAN FRANCISCO 
THE HISTORY COMPANY, PUBLISHERS 

1888 



Entered according to Act of Congress in the Year 1888, by 

HUBERT H. BANCROFT, 
In the Office of the Librarian of Congress at Washington. 

All Rights Resemed. 



CONTENTS OF THIS VOLUME. 



CHAPTER I. 

CONDITION OF AFFAIRS. 

1848. 

PAGE 

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



CHAPTER II. 

EFFECT OF THE CALIFOENIA 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 Manuscript 
Character of the Oregonians in California Their General Suc 
cess Revolutions in Trade and Society Arrival of Vessels In 
crease in the Prices of Products Change of Currency The Ques 
tion of a Mint Private Coinage Influx of Foreign Silver Effect - 
on Society Legislation Immigration ^ 42 

CHAPTER III. 

LANE S ADMINISTRATION. 
1849-1850. 

Indian Affairs Troubles in Cowlitz Valley Fort Nisqually Attacked 
Arrival of the United States Ship Massachusetts A Military Post 
Established near Nisqually Thornton as Sub-Indian Agent Meet 
ing of the Legislative Assembly Measures Adopted Judicial Dis 
tricts A Travelling Court of Justice The Mounted Rifle Regiment 
Establishment of Military Posts at Fort Hall, Vancouver, Steil- 
acoom, and The Dalles The Vancouver Claim General Persifer F 
Smith His Drunken Soldiers The Dalles ClaimTrial and Execu 
tion of the Whitman Murderers 66 



x CONTENTS. 

CHAPTER IV. 

A DELEGATE TO CONGRESS. 

1849-1850. 

PAGE 

The Absence of Judges Island Mills Arrival of William Strong Oppo 
sition to the Hudson s Bay Company Arrest of British Ship Cap 
tains George Gibbs The Albion Affair Samuel R. Thurston 
Chosen Delegate to Congress His Life and Character Proceeds 
to Washington Misrepresentations and Unprincipled Measures 
Rank Injustice toward McLoughlin Efficient Work for Oregon 
The Donation Land Bill The Cayuse War Claim and Other Appro 
priations Secured The People Lose Confidence in their Delegate 
Death of Thurston 101 

CHAPTER V. 

ADMINISTRATION OF 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 YE. 

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 Mouths of Rogue River and the 
Umpqua Meeting with the Oregon Party Laying-out of Lands and 
Town Sites Failure of the Umpqua Company The Finding of 
Gold in Various Localities The Mail Service Efforts of Thurston 
in Congress Settlement of Port Orford and Discovery of Coos Bay 
The Colony at Port Orford Indian Attack The T Vault Expedi 
tion Massacre Government Assistance 174 

CHAPTER VII. 

INDIAN AFFAIRS. 
1851. 

PoliticsElection 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 

PAGK 

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



CHAPTER VIII. 


PLAUSIBLE PACIFICATION. 

1851-1852. 

Officers and Indian Agents at Port Orford Attitude of the Coquilles 
U. S. Troops Ordered out Soldiers as Indian- fighters The Savages 
too Much for Them Something of Scarface and the Shastas Steele 
Secures a Conference Action of Superintendent Skinner Much 
Ado about Nothing Some Fighting An Insecure Peace More 
Troops Ordered to Vancouver 233 

CHAPTEE IX. 

SURVEYS AND TOWN-MAKING. 

1851-1853. 

Proposed Territorial Division Coast Survey Light-houses Established 
James S. Lawson His Biography, Public Services, and Contribu 
tion to History Progress North of the Columbia South of the 
Columbia Birth of Towns Creation of Counties Proposed New- 
Territory River Navigation Improvements at the Clackamas Rap 
ids On the Tualatin River La Creole River Bridge-building 
Work at the Falls of the Willamette Fruit Culture The First 
Apples Sent to California Agricultural Progress Imports and Ex 
ports Society -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 Voters 
Surveys Rights of Women and Children Amendments Preemp 
tion Privileges Duties of the Surveyor-general Claimants to 
Lands of the Hudson s Bay and Puget Sound Companies Mission 
Claims Methodists, Presbyterians, and Catholics Prominent Land 
Cases Litigation in Regard to the Site of Portland The Rights of 
Settlers The Caruthers Claim The Dalles Town-site Claim Pre 
tensions of the Methodists Claims of the Catholics Advantages 
and Disadvantages of the Donation System 260 



xii CONTENTS. 



CHAPTER 

POLITICS AND PROGRESS. 

1853. 

PAGB 

Legislative Proceedings Judicial Districts Public Buildings Tenor of 
Legislation Instructions to the Congressional Delegate Harbors 
and Shipping Lane s Congressional Labors Charges against Gover 
nor Gaines Ocean Mail Service Protection of Overland Immigrants 

Military Roads Division of the Territory Federal Appoint 
ments New Judges and their Districts Whigs and Democrats 
Lane as Governor and Delegate Alonzo A. Skinner An Able and 
Humane Man Sketch of his Life and Public Services ............. 296 

CHAPTER XII. 

ROGUE RIVER WAR. 

1853-1854. 

Impositions and Retaliations Outrages by White Men and Indians 
The Military Called upon War Declared Suspension of Business 
Roads Blockaded Firing from Ambush Alden at Table Rock 
Lane in Command Battle The Savages Sue for Peace Armistice 

Preliminary Agreement Hostages Given Another Treaty with 
the Rogue River People Stipulations Other Treaties Cost of the 
War ........................................................ 311 

CHAPTER Xin. 

LEGISLATION, MINING, AND SETTLEMENT. 

1853-1854. 

John W. Davis as Governor Legislative Proceedings Appropriations 
by Congress Oregon Acts and Resolutions Affairs on the Ump- 
qua Light-house Building Beach Mining Indian Disturbances 
Palmer s Superintendence Settlement of Coos Bay Explorations 
and Mountain-climbing Politics of the Period The Question of 
State Organization The People not Ready Hard Times Deca 
dence of the Gold Epoch Rise of Farming Interest Some First 
Things Agricultural Societies Woollen Mills Telegraphs River 
and Ocean Shipping Interest and Disasters Ward Massacre Mil 
itary Situation ......... .* ..................... 322 

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 and Univer 
sityLegislative and Congressional Acts Relative thereto More 



CONTENTS. xiii 

PAGE 

Counties Made Finances Territorial Convention Newspapers 
The Slavery Sentiment Politics of the Period Whigs, Democrats, 
and Know-nothings A New Party Indian Affairs Treaties East 
of the Cascade Mountains 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 Miners and Settlers More Fighting Volunteers and 
Regulars Battle of Grave Creek Formation of the Northern and 
Southern Battalions Affair at the Meadows Ranging by the Vol 
unteers The Ben Wright Massacre 369 

CHAPTER XVI. 

EXTERMINATION OF THE INDIANS. 

1856-1857. 

Grande Ronde Military Post and Reservation Driving in and Caging the 
Wild Men More Soldiers Required Other Battalions Down upon 
the Red Men The Spring Campaign Affairs along the River 
Humanity of the United States Officers and Agents Stubborn Brav 
ery of Chief John Councils and Surrenders Battle of the Meadows 
Smith s Tactics Continued Skirmishing Giving-up and Coming- 
in of the Indians^ 397 

CHAPTER XVII. 

OREGON BECOMES A STATE. 

1856-1859. 

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

CHAPTER XVEII. 

POLITICS AND PATRIOTISM. 

1859-1861. 

Appointment of Officers of the United States Court Extra Session of the 
Legislature Acts and Reports State Seal Delazon Smith Re* 



xir CONTENTS. 

PAOB 

publican Convention Nominations and Elections Rupture in the 
Democratic Party Sheil Elected to Congress Scheme of a Pacific 
Republic Legislative Session of 1860 Nesmith and Baker Elected 
U. S. Senators Influence of Southern Secession Thayer Elected 
to Congress Lane s Disloyalty Governor Whiteaker Stark, U. S. 
Senator Oregon in the War New Officials 442 

CHAPTER XIX. 

WAR AND DEVELOPMENT. 

1858-1862. 

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

CHAPTER XX. 

MILITARY ORGANIZATION AND OPERATIONS. 
1861-1865. 

Appropriation Asked for General Wright Six Companies Raised At 
titude toward Secessionists First Oregon Cavalry Expeditions of 
Maury, Drake, and Curry Fort Boise Established Reconnoissance 
of Drew Treaty with the Klamaths and Modocs Action of the 
Legislature First Infantry Oregon Volunteers 488 

CHAPTER XXI. 

THE SHOSHONE WAR. 

1866-1868. 

Companies and Camps Steele s Measures Halleck Headstrong Battle 
of the Owyhee Indian Raids Sufferings of the Settlers and Trans 
portation Men Movements of Troops Attitude of Governor Woods 
-Free Fighting Enlistment of Indians to Fight Indians Military 
Reorganization Among the Lava-beds Crook in Command Ex 
termination or Confinement and Death in Reservations 512 

CHAPTER XXII. 

THE MODOC WAR. 

1864-1873. 

Land of the Modocs Keintpoos, or Captain Jack Agents, Superintend- 
ents, and Treaties Keintpoos Declines to Go on a Reservation < 
Raids Troops in Pursuit Jack Takes to the Lava-beds Appoint^ 



CONTENTS. 

PAGB 
ment of a Peace Commissioner Assassination of Canby, Thomae, 

and Sherwood Jack Invested in bis Stronghold He Escapes 
Crushing Defeat of Troops under Thomas Captain Jack Pursued, 
Caught, and Executed , 555 

CHAPTER XXIII. 

POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

1862-1887. 

Republican Loyalty Legislature of 1802 Legal-tender and Specific Con 
tract Public Buildings Surveys and Boundaries Military Road 
5>wamp and Agricultural Lands Civil Code The Negro Question 
Later Legislation Governors Gibbs, Woods, Grover, Chadwick, 
Thayer 3 and Moody Members of Congress .... * 637 

CHAPTER XXIV. 

LATER EVENTS. 

1887-1888. 

R,ecent Developments in Railways Progress of Portland Architecture 
and Organizations East Portland Iron Works Value of Property 
Mining Congressional Appropriations New Counties Salmon 
Fisheries Lumber Political Affairs Public Lands Legislature- 
Election . 746 



HISTORY OF OREGON. 



CHAPTER I. 

CONDITION OF AFFAIRS. 

1848. 

POPULATION PRODUCTS PLACES or SETTLEMENT THE FIRST FAMILIES ofl 
OREGON STOCK-RAISING AND AGRICULTURE FOUNDING OF TOWNS 
LAND TITLES OCEAN TRAFFIC SHIP-BUILDING AND COMMERCE DO 
MESTIC MATTERS: FOOD, CLOTHING, AND SHELTER SOCIETY: RELIGION, 
EDUCATION, AND MORALS BENEVOLENT SOCIETIES AIDS AND CHECKS 
TO PROGRESS NOTABLE INSTITUTIONS CHARACTER OF THE PEOPLE. 

FOURTEEN years have now elapsed since Jason Lee 
began his missionary station on the east bank of the 
Willamette, and five years since the first considerable 
settlement was made by an agricultural population 
from the western states. It is well to pause a moment 
in our historical progress and to take a general 
survey. 

First as to population, there are between ten and 
twelve thousand white inhabitants and half-breeds 
scattered about the valley of the Willamette, with a 
few in the valleys of the Columbia, the Cowlitz, and on 
Puget Sound. Most of these are stock-raisers and 
grain-growers. The extent of land cultivated is not 
great, 1 from twenty to fifty acres only being in cereals 
on single farms within reach of warehouses of the fur 

1 In Hastings Or. and Cal. , 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 CONDITION OF AFFAIRS. 

company and the American merchants. One writer 
estimated the company s stock in 1845 at 20,OOC 
bushels, and that this was not half of the surplus. 
As many farmers reap from sixty to sixty-five bushels 
of wheat to the acre/ and the poorest land returns 
twenty bushels, no great extent of sowing is required 
to furnish the market with an amount equal to that 
named. Agricultural machinery to any considerable 
extent is not yet known. Threshing is done by driv 
ing horses over the sheaves strewn in an enclosure, 
first trodden hard by the hoofs of wild cattle. In the 
summer of 1848 Wallace and Wilson of Oregon City 
construct two threshing-machines with endless chains, 
which are henceforward much sought after. 3 The usual 
price of wheat, fixed by the Hudson s Bay Company, 
is sixty-two and a half cents ; but at different times it 
has been higher, as in 1845, when it reached a dollar 
and a half a bushel, 4 owing to the influx of population 
that year. 

The flouring of wheat is no longer difficult, for there 
are in 1848 nine grist-mills in the country. 5 Nor 
is it any longer impossible to obtain sawed lumber 
in the lower parts of the valley, or on the Columbia, 
for a larger number of mills furnish material for build 
ing to those who can afford to purchase and provide 
the means of transportation. 6 The larger number of 

2 Hlnes Hist. Oregon, 342-6. Thornton, in his Or. and Cal, i. 379, gives 
the whole production of 1846 at 144,863 bushels, the greatest amount raised 
in any county being in Tualatin, and the least in Clatsop. Oats, pease, and 
potatoes were in proportion. See also Or. Spectator, July 23, 1846; Hoivisoti s 
Coast and Country, 29-30. The total wheat crop of 1847 was estimated at 
180,000 bushels, and the surplus at 50,000. 

* Crawford s Nar., MS., 164; Hosts Nar., MS., 10. 

* Ekin s Saddle-Maker, MS., 4. 

5 The grist-mills were built by the Hudson s Bay Company near Vancouver; 
McLoughlin and the Oregon Milling Company at Oregon City; by Thomas 
McKay on French Prairie; by Thomas James O Neal on the Ricknall in the 
Applegate Settlement in Polk County; by the Methodist Mission at Salem; by 
Lot Whitcomb at Milwaukee, on the right bank of the Willamette, between 
Portland and Oregon City; by Meek and Luelling at the same place; and by 
Whitman at Waiilatpu. About this time a flouring-mill was begun on Puget 
Sound. Thornton s Or. and Cal., i. 330; S. F. Californian, April 19, 1848. 

6 These saw-mills were often in connection with the flouring-mills, as at 
Oregon City, Salem, and Vancouver. But there were several others that were 



FOUNDING OF TOWNS. 3 

houses on the land-claims, however,, are still of hewn 
logs, in the style of western frontier dwellings of the 
Mississippi states. 7 

separate, as the mill established for sawing lumber by Mr Hunsaker at the 
junction of the Willamette with the Columbia; by Charles McKay on the 
Tualatin Plains, and by Hunt near Astoria. There were others to the number 
of 15 in different parts of the territory. Thornton s Or. and CaL, i. 330; Craw 
ford sNar., MS., 164. 

7 George Gay had a brick dwelling, and Abernethy a brick store ; and 
brick was also used in the erection of the Catholic church at St Pauls. Craw 
ford tells us a good deal about where to look for settlers. Reason Read, he 
says, was located on Nathan Crosby s land-claim, a mile below Pettygrove s 
dwelling in Portland, on the right bank of the Willamette, just below a high 
gravelly bluff, that is, in what is now the north part of East Portland. Two 
of the Belknaps were making brick at this place, assisted by Read. A house 
was being erected for Crosby by a mechanic named Richardson. Daniel 
Lownsdale had a tannery west of Portland town-site. South of it on the 
same side of the river were the claims of Finice Caruthers, William Johnson, 
Thomas Stevens, and James Terwilliger. On the island in front of Stevens 
place lived Richard McCrary, celebrated for making blue ruin whiskey out 
of molasses. James Stevens lived opposite Caruthers, on the east bank of the 
Willamette, where he had a cooper-shop, and William Kilborne a warehouse. 
Three miles above Milwaukee, where Whitcomb, William Meek, and Luelling 
were settled, was a German named Piper, attempting to make pottery. 
Opposite Oregon City lived S. Thurston, R. Moore, H. Burns, and Judge 
Lancaster. Philip Foster and other settlers lived on the Clackamas River, 
east of Oregon City. Turning back, and going north of Portland, John H. 
Couch claimed the land adjoining that place. Below him were settled at 
intervals on the same side of the river William Blackstone, Peter Gill, Doane, 
and Watts. At Linnton there were two settlers, William Dillon and Dick 
Richards. Opposite to Watt s on the east bank was James Loomis, and just 
above him James John. At the head of Sauv6 Island lived John Miller. 
Near James Logic s place, before mentioned as a dairy-farm of the Hudson s 
Bay Company, Alexander McQuinn was settled, and on different parts of the 
island Jacob Cline, Joseph Charlton, James Bybee, Malcolm Smith a Scotch 
man, Gilbau a Canadian, and an American named Walker. On the Scappoose 
plains south of the island was settled McPherson, a Scotchman; and during 
the summer Nelson Hoyt took a claim on the Scappoose. At Plymouth Rock, 
now St Helen, lived H. M. Knighton who the year before had succeeded to 
the claim of its first settler, Bartholomew White, who was a cripple, and 
unable to make improvements. A town was already projected at this place, 
though not surveyed till 1849, when a few lots were laid off by James Brown 
of Canemah. The survey was subsequently completed by N. H. Tappan 
and P. W. Crawford, and mapped by Joseph Trutch, in the spring of 1851. 
A few miles below Knighton were settled the Merrill family and a man named 
Tulitson. The only settler in the region of the Dalles was Nathan Olney, 
who in 1847 took a claim 3 miles below the present town, on the south side 
of the river. On the north side of the Columbia, in the neighborhood of 
Vancouver, the land formerly occupied by the fur company, after the settle 
ment of the boundary was claimed to a considerable extent by individuals, 
British subjects as well as Americans. Above the fort, Forbes Barclay and 
Mr Lowe, members of the company, held claims as individuals, as also Mr 
Covington, teacher at the fort. On the south side, opposite Vancouver, John 
Switzler kept a ferry, which had been much in use during the Cayuse war as 
well as in the season of immigrant arrivals. On Cathlapootle, or Lewis, river 
there was also a settler. On the Kalama River Jonathan Burpee had taken 
a claim; he afterward removed to the Cowlitz, where Thibault, a Canadian, 



4 CONDITION OF AFFAIRS. 

Only a small portion of the land being fenced, almost 
the whole Willamette Valley is open to travel, and 
covered with the herds of the settlers, some of whom 
own between two and three thousand cattle and 
horses. Though thus pastured the grass is knee-high 
on the plains, and yet more luxuriant on the low 
lands; in summer the hilly parts are incarnadine with 
strawberries. 8 Besides the natural increase of the first 
importations, not a year has passed since the venture 
of the Willamette Cattle Company in 1837, without 
the introduction of cattle and horses from California, 
to which are added those driven from the States an 
nually after 1842, 9 whence come likewise constantly 
increasing flocks of sheep. The towns, as is too often 
the case, are out of proportion to the rural population. 
Oregon City, with six or seven hundred inhabitants, is 
still the metropolis, having the advantage of a central 

was living in charge of the warehouse of the Hudson s Bay Company, and 
where during the spring and summer Peter W. Crawford, E. West, and one 
or two others settled. Before the autumn of 1849 several families were located 
near the mouth of the Cowlitz. H. D. Huntington, Nathaniel Stone, David 
Stone, Seth Catlin, James Porter, and R. C. Smith were making shingles 
here for the California market. Below the Cowlitz, at old Oak Point on the 
south side of the river, lived John McLean, a Scotchman. Oak Point Mills 
on the north side were not built till the following summer, when they were 
erected by a man named Dyer for Abernethy and Clark of Oregon City. At 
Cathlamet on the north bank of the river lived James Birnie, who had 
settled there in 1846. There was no settlement between Cathlamet and 
Hunt s Mill, and none between Hunt s Mill, where a man named Spears was 
living, and Astoria, except the claim of Robert Shortess near Tongue Point. 
At Astoria the old fur company s post was in charge of Mr McKay; and 
there were several Americans living there, namely, John McClure, James 
Welch, John M. Shivery, Van Dusen and family, and others; in all about 
30 persons; but the town was partially surveyed this year by P. W. Craw 
ford. There were about a dozen settlers on Clatsop plains, and a town had 
been projected on Point Adams by two brothers O Brien, called New York, 
which never came to anything. At Baker Bay lived John Edmunds, though 
the claim belonged to Peter Skeen Ogden. On Scarborough Hill, just 
above, a claim had been taken by an English captain of that name in the 
service of the Hudson s Bay Company. The greater number of these items 
have been taken from Crawford s Narrative, MS.; but other authorities have 
contributed, namely: Minto s Early Days, MS.; Weed s Queen Charlotte I. 
Exped., MS.; Deady s Hist. Or., MS.; Petty grove s Or., MS,; Lovejoy s Port 
land, MS.; Moss Pioneer Times, MS.; Brown s Willamette Valley, MS.; 
Or. Statutes; Victor s Oregon and Wash.; Murphy s Or. Directory, 1; .7. 
Friend, Oct. 15, 1849; Wilkes Nar.; Palmer s Journal; Home Missionary 
Mag., xxii. 63-4. 

8 The most beautiful country I ever saw in my life. Weed s Queen Char 
lotte I. Exped., MS., 2. 

9 Clyman f s Note Book, MS., 6; W. B. Ide s Eiog., 34. 



THE OREGON INSTITUTE. 5 

position between the farming country above the falls 
and the deep-water navigation twelve miles below; 
and more capital and improvements are found here 
than at any other point. 10 It is the only incorporated 
town as yet in Oregon, the legislature of 1844 having 
granted it a charter; 11 unimproved lots are held at 
from $100 to $500. The canal round the falls which 
the same legislature authorized is in progress of con 
struction, a wing being thrown out across the east 
shoot of the river above the falls which form a basin, 
and is of great benefit to navigation by affording quiet 
water for the landing of boats, which without it were 

in danger of being- carried over the cataract. 1 2 
^ . 

Linn City and Multnomah City just across the 
river from the metropolis, languish from propinquity 
to a greatness in which they cannot share. Milwaukee, 
a few miles below, is still in embryo. Linnton, the 
city founded during the winter of 1843 by Burnett 
and McCarver, has had but two adult male inhabit 
ants, though it boasts a warehouse for wheat. Hills- 
boro and Lafayette aspire to the dignity of county- 
seats of Tualatin and Yamhill. Corvallis, Albany, and 
Eugene are settled by claimants of the land, but do 
not yet rejoice in the distinction of an urban appel- 

10 Thornton counts in 1847 a Methodist and a Catholic church, St James, a 
day-school, a private boarding-school for young ladies, kept by Mrs Thornton, 
a printing-press, and a public library of 300 volumes. Or. and C aL, i. 329-30. 
Crawford says there were 5 stores of general merchandise, the Hudson s Bay 
Company s, Abernethy s, Couch s (Gushing & Co. ), Moss , and Robert Canfield s; 
and adds that there were 3 ferries across the Willamette at this place, one 
a horse ferry, and 2 pulled by hand, and that all were kept busy, Oregon 
City being the great rendezvous for all up and down the river to get flour, 
Narrative, MS., 154; ,V. /. Friend, Oct. 15, 1849. Palmer states in addition 
that McLoughlin s grist-mill ran 3 sets of buhr-stones, and would com 
pare favorably with most mills in the States; but that the Island Mill, 
then owned by Abernethy and Beers, was a smaller one, and that each had a 
saw-mill attached which cut a great deal of plank for the new arrivals. Jour 
nal, 85-6. There were 2 hotels, the Oregon House, which was built in 1844, 
costing $44,000, and which was torn down in June 1871. The other was 
called the City Hotel. McLoughlin s residence, built about 1845, was a large 
building for those times, and was later the Finnegas Hotel. Moss Pioii<>ci- 
Times, MS., 30; Portland Advocate, June 3, 1871; Bacoris Merc. Life Or. City, 
MS., 18; Harvey s Life of McLoucjhlin, MS., 34; Niles? Reg., Ixx. 341. 

11 Abernethy was the first mayor, and Lovejoy the second; McLoughlin 
was also mayor. 

12 files Bey., Ixviii. 84; Or. Spectator, Feb. 19, 1846. 



6 CONDITION OP AFFAIRS. 

lation. Champoeg had been laid off as a town by 
Newell, but is so in name only. Close by is another 
river town, of about equal importance, owned by 
Abernethy and Beers, which is called Butteville. Just 
above the falls Hedges has laid off the town of Canemah. 
Besides these there are a number of settlements named 
after the chief families, such as Hembree s settlement 
in Yamhill County, Applegate s and Ford s in Polk, 
and Waldo s and Howell s in Marion. Hamlets prom 
ising to be towns are Salem, Portland, Vancouver, 
and Astoria. 

I have already mentioned the disposition made of 
the missionary claims and property at Salem, and that 
on the dissolution of the Methodist Mission the Ore 
gon Institute was sold, with the land claimed as be 
longing to it, to the board of trustees. But as there 
was no law under the provisional government for the 
incorporation of such bodies, or any under which they 
could hold a mile square of land for the use of the in 
stitute, W. H. Wilson, H. B. Brewer, D. Leslie, and 
L. H. Judson resorted to the plan of extending their 
four land-claims in such a manner as to make their 
corners meet in the centre of the institute claim, 
under that provision in the land law allowing claims 
to be held by a partnership of two or more persons; 
and by giving bonds to the trustees of the institute to 
perform this act of trust for the benefit of the board, 
till it should become incorporated and able to hold 
the land in its own right. 

In March 1846 Wilson was authorized to act as 
agent for the board, and was put in possession of the 
premises. In May following he was empowered to 
sell lots, and allowed a compensation of seven per 
cent on all sales effected. During the summer a por 
tion of the claim was sold to J. L. Parrish, David 
Leslie, and C. Craft, at twelve dollars an acre; and 
Wilson was further authorized to sell the water-power 
or mill-site, and as much land with it as might be 



THE BEGINNING OF PORTLAND. 7 

thought advisable; also to begin the sale by public 
auction of the town lots, as surveyed for that pur 
pose, the first sale to take place September 10, 1846. 
Only half a dozen families were there previous to 
this time. 13 

In July 1847 a bond was signed by Wilson, the 
conditions of which were the forfeiture of $100,000, or 
the fulfilment of the following terms : That he should 
hold in trust the six hundred and forty acres thrown off 
from the land-claims above mentioned; that he should 
pay to the missionary society of the Methodist Epis 
copal church of Oregon and to the Oregon Institute 
certain sums amounting to $6,000; that he should use 
all diligence to perfect a title to the institute claim, 
and when so perfected convey to the first annual con 
ference of the Methodist church, which should be 
established in Oregon by the general conference of 
the United States, in trust, such title as he himself 
had obtained to sixty acres known as the institute 
reserve/ on which the institute building was situated 
for which services he was to receive one third of the 
money derived from the sale of town lots on the un 
reserved portion of the six hundred and forty acres 
comprised in the Salem town-site and belonging to the 
several claimants. Under this arrangement, in 1848, 
Wilson and his wife were residing in the institute 
building on the reserved sixty acres, Mrs Wilson 
having charge of the school, while the agency of the 
town property remained with her husband. 

The subsequent history of Salem town-site belongs 
to a later period, but may be briefly given here. 
When the Oregon donation law was passed, which 
gave to the wife half of the mile square of land em 
braced in the donation, Wilson had the dividing line 

O 

on his land run in such a manner as to throw the 
reserve with the institute building, covered by his 
claim, upon the wife s portion ; and Mrs Wilson being 

13 Davidson s Southern Route, MS., 5; Brown s Autobiography, MS., 31; 
Rabbisoris Growth of Towns, MS., 27-8. 



8 CONDITION OF AFFAIRS. 

under no legal obligation to make over anything to 
the Oregon conference, in trust for the institute, re 
fused to listen to the protests of the trustees so neatly 
tricked out of their cherished educational enterprise. 
In this condition the institute languished till 1854, 
when a settlement was effected by the restoration of 
the reserved sixty acres to the trustees of the Willa 
mette University, and two thirds of the unsold re 
mains of the south-west quarter of the Salem town- 
site which Wilson was bound to hold for the use of 
that institution. Whether the restoration was an act 
of honor or of necessity I will not here discuss; the 
act of congress under which the territory was organ 
ized recognized as binding all bonds and obligations 
entered into under the provisional government. 14 In 
later years some important lawsuits grew out of the 
pretensions of Wilson s heirs, to an interest in lots 
sold by him while acting agent for the trustees of the 
town-site. 15 

Portland in 1848 had but two frame buildings, 
one the residence of F. W. Pettygrove, who had re 
moved from Oregon City to this hamlet on the river s 
edge, and the other belonging to Thomas Carter. 
Several log-houses had been erected, but the place 
had no trade except a little from the Tualatin plains 
lying to the south, beyond the heavily timbered high 
lands in that direction. 

The first owner of the Portland land-claim was 
William Overton, a Tennesseean, who came to Oregon 
about 1843, and presently took possession of the 
place, where he made shingles for a time, but being 
of a restless disposition went to the Sandwich Islands, 
and returning dissatisfied and out of health, resolved 
to go to Texas. Meeting with A. L. Lovejoy at Van 
couver, and returning with him to Portland in a carioe, 
he offered to resign the claim to him, but subsequently 

14 Or. Laws, 1843-72, 61; Hintf Or. and Inst., 165-72. 
> Thornton s Salem Titles, in Salem Directory for 1874, 2-7. Wilson died 
suddenly of apoplexy, in 1856. Id., 22. 



VANCOUVER TOWN. 9 

changed his mind, thinking to remain, yet giving 
Lovejoy half, on condition that he would aid in im 
proving it; for the latter, as he says in his Founding 
of Portland, MS., 30-34, observed the masts and 
booms of vessels which had been left there, and it 
occurred to. him that this was the place for a town. 
So rarely did shipping come to Oregon in these days, 
and more rarely still into the Willamette River, that 
the possibility or need of a seaport or harbor town 
away from the Columbia does not appear to have been 
seriously entertained up to this time. 

After some clearing, preparatory to building a 
house, Overton again determined to leave Oregon, 
and sold his half of the land to F. W. Petty grove for 
a small sum and went to Texas, where it has been said 
he was hanged. 16 Lovejoy and Pettygrove then erected 
the first house in the winter of 1845, the locality 
being on what is now Washington street at the corner 
of Front street, it being built of logs covered with 
shingles. Into this building Pettygrove moved half 
of his stock of goods in the spring of 1845, and with 
Lovejoy opened a road to the farming lands of Tual 
atin County from which the traffic of the imperial 
city was expected to come. 

The town was partially surveyed by H. N. V. 
Short, the initial point being Washington street and 
the survey extending down the river a short distance. 
The naming of it was decided by the tossing of a cop 
per coin, Pettygrove, who was from Maine, gaining 
the right to call it Portland, against Lovejoy, who w^as 
from Massachusetts and wished to name the new town 
Boston. A few stragglers gathered there, and during 
the Cayuse war when the volunteer companies organ 
ized at Portland, and crossing the river took the road 
to Switzler s ferry opposite Vancouver, it began to be 
apparent that it was a more convenient point of de 
parture and arrival in regard to the Columbia than 

16 Deady, iaOverland Monthly, i. 36; Nesmith, in Or. Pioneer Assoc., Trans. , 
1875, 57. 



10 CONDITION OF AFFAIRS. 

Oregon City. But it made no material progress till 
a conjunction of remarkable events in 1848 called it 
into active life and permanent prosperity. Before 
this happened, however, Lovejoy had sold his interest 
to Benjamin Stark; and Daniel Lownsdale in Sep 
tember of this year purchased Pettygrove s share, 
paying for it $5,000 worth of leather which he had 
made at his tannery adjoining the town-site. The 
two founders of Portland thus transferred their own 
ership, which fell at a fortunate moment into the 
hands of Daniel Lownsdale, Stephen Coffin, and W. 
W. Chapman. 17 

In 1848 Henry Williamson, the same who claimed 
unsuccessfully near Fort Vancouver in 1845, employed 
P. W. Crawford to lay out a town on the present site 
of Vancouver, and about five hundred lots were sur 
veyed, mapped, and recorded in the recorder s books 
at Oregon City, according to the law governing town- 
sites ; the same survey long ruling in laying out streets, 
blocks, and lots. But the prospects for a city were 
blighted by the adverse claim of Amos Short, an 
immigrant of 1847, who settled first at Linnton, then 
removed to Sauve Island where he was engaged in 
slaughtering Spanish cattle, but who "finally took six 
hundred and forty acres below Fort Vancouver, Will 
iamson who still claimed the land being absent at the 
time, having gone to Indiana for a wife. The land 
law of Oregon, in order to give young men this oppor 
tunity of fulfilling marriage engagements without 
loss, provided that by paying into the treasury of the 
territory the sum of five dollars a year, they could 
be absent from their claims for two consecutive years, 
or long enough to go to the States and return. 

In Williamson s case the law proved ineffectual. 

17 Lovejoy s Founding of Portland, MS. , passim ; Brigg s Port Townsend, 
MS., 9; Sylvester s Olympia, MS., 4, 5; Hancock s Thirteen Years, MS., 94. 
For an account of the subsequent litigation, not important to this history, 
see Burke, v. Lownsdale, Appellee s Brief, 12; Or. Laws, 1866, 5-8; Deady s 
Hist. Or., MS., 12-13. Some mention will be made of this in treating of the 
effects of the donation law on town-sites. 



CONSTRUCTION OF ROADS. 11 

She whom he was to marry died before he reached 
Indiana, and on returning still unmarried, he found 
Short in possession of his claim; and although he was 
at the expense of surveying, and a house was put up 
by William Fellows, who left his property in the 
keeping of one Kellogg, Short gave Williamson so 
much trouble that he finally abandoned the claim and 
went to California to seek a fortune in the mines. 
The cottonwood tree which Crawford made the start 
ing-point of his survey, and which was taken as the 
corner of the United States military post in 1850, 
was standing in 1878. The passage of the donation 
law brought up the question of titles to Vancouver, 
but as these arguments and decisions were not con 
sidered till after the territory of Washington was set 
off from Oregon, I will leave them to be discussed in 
that portion of this work. Astoria, never having 
been the seat of a mission, either Protestant or Cath 
olic, and being on soil acknowledged from the first 
settlement as American, had little or no trouble about 
titles, and it was only necessary to settle with the 
government when a place for a military post was tem 
porarily required. 

The practice of jumping, as the act of trespassing 
on land claimed by another was called, became more 
common as the time was supposed to approach when 
congress would make the long-promised donation to 
actual settlers, and every man desired to be upon the 
choicest spot within his reach. It did not matter to 
the intruder whether the person displaced were Eng 
lish or American. Any slight flaw in the proceedings 
or neglect in the customary observances rendered the 
claimant liable to be crowded off his land. But when 
these intrusions became frequent enough to attract 
the attention of the right-minded, their will was made 
known at public meetings held in all parts of the ter 
ritory, and all persons were warned against violating 
the rights of others. They were told that if the 



12 CONDITION OF AFFAIRS. 

existing law would not prevent trespass the legisla 
ture should make one that would prove effectual. 18 
Thus warned, the envious and the grasping were gen 
erally restrained, and claim-jumping never assumed 
alarming proportions in Oregon. Considering the 
changes made every year in the population of the 
country, public sentiment had much weight with the 
people, and self-government attained a position of 
dignity. 

Although no claimant could sell the land he held, 
he could abandon possession and sell the improve 
ments, and the transaction vested in the purchaser all 
the rights of the former occupant. In this manner 
the land changed occupants as freely as if the title 
had been in the original possessor, and no serious in 
convenience was experienced 19 for the want of it. 

Few laws were enacted at the session of 1847, as 
it was believed unnecessary in view of the expected 
near approach of government by the United States. 
But the advancing settlement of the country demand 
ing that the county boundaries should be fixed, and 
new ones created, the legislature of 1847 established 
the counties of Linn and Benton, one extending east 
to the Rocky Mountains, the other west to the Pacific 
Ocean, and both south to the latitude 42. 2( 

The construction of a number of roads was also au 
thorized, the longer ones being from Portland to Mary 
River, and from Multnomah City to the same place, 
and across the Cascade Mountains by the way of the 
Santiam River to intercept the old emigrant road in 
the valley of the Malheur, or east of there, from 
which it will be seen that there was still a conviction 
in some minds that a pass existed which would lead 
travellers into the heart of the valley. That no such 
pass was discovered in 1848, or until long after annual 
caravans of wagons and cattle from the States ceased 

18 Or. Spectator, Sept. 30, 1847. 
Holderis Or. Pioneering, MS., 6. 

20 Or. Laws, 1843-9, 50, 55-G; Benton County Almanac, 1876, 1, 2; Or. 
Pioneer Assoc., Trans., 1875, 59. 



CURRENCY AND PRICES. 13 

to demand it, is also true. 21 But it was a benefit to 
the country at large that a motive existed for annual 
exploring expeditions, each one of which brought 
into notice some new and favorable situations for 
settlements, besides promoting discoveries of its min 
eral resources of importance to its future develop 
ment. 22 

On account of the unusual and late rains in the 
summer of 1847, the large immigration which greatly 
increased the home consumption, and the Cayuse war 
which reduced the number of producers, the colony 
experienced a depression in business and a rise in 
prices which was the nearest approach to financial 
distress which the country had yet suffered. Farm 
ing utensils were scarce and dear, cast-iron ploughs 
selling at forty-five dollars. 23 Other tools were equally 
scarce, often requiring a man who needed an axe to 
travel a long distance to procure one second-hand at 
a high price. This scarcity led to the manufacture 
of axes at Vancouver, for the company s own hunters 
and trappers, before spoken of as exciting the suspi 
cion of the Americans. Nails brought from twenty 
to twenty -five cents per pound; iron twelve and a 
half. Groceries were high, coifee bringing fifty cents 
a pound; tea a dollar and a half; coarse Sandwich 
Island sugar twelve and fifteen cents; common mo 
lasses fifty cents a gallon. Coarse cottons brought 
twenty and twenty -five cents a yard; four -point 
blankets five dollars a single one; but ready-made 
common clothing for men could be bought cheap. 
Flour was selling in the spring for four and five 
dollars a barrel, and potatoes at fifty cents a bushel; 

21 It was discovered within a few years, and is known as Minto s Pass. A 
road leading from Albany to eastern Oregon through this pass was opened 
about 1877. 

22 Mention is made at this early day of discoveries of coal, iron, copper, 
plumbago, mineral paint, and valuable building and lime stone. Thornton s 
Or. and Gal, i. 331-47; S. F. Californian, April 19, 1848. 

23 Brown says: We reaped our wheat mostly with sickles; we made wooden 
mould-boards with a piece of iron for the coulter. Willamette Valley, MS., 6. 



14 CONDITION OF AFFAIRS. 

high prices for those times, but destined to become 
higher. 24 

The evil of high prices was aggravated by the 
nature of the currency, which was government scrip, 
orders on merchants, and wheat; the former, though 
drawing interest, being of uncertain value owing to 
the state of the colonial treasury which had never 
contained money equal to the face of the government s 
promises to pay. The law making orders on mer 
chants currency constituted the merchant a banker 
without any security for his solvency, and the value 
of wheat was liable to fluctuation. There were, be 
sides, different kinds of orders. An Abernethy order 
was not good for some articles. A Hudson s Bay 

order misfht have a cash value, or a beaver-skin value. 

. 

In making a trade a man was paid in Couch, Aber 
nethy, or Hudson s Bay currency, all differing in 
value. 25 The legislature of 1847 so far amended the 
currency act as to make gold and silver the only law 
ful tender for the payment of judgments rendered in 
the courts, where no special contract existed to the 
contrary; but making treasury drafts lawful tender 
in payment of taxes, or in compensation for the ser 
vices of the officers or agents of the territory, unless 
otherwise provided by law; and providing that all 
costs of any suit at law should be paid in the same kind 
of money for which judgment might be rendered. 

This relief was rather on the side of the litigants 
than the people at large. Merchants paper was worth 
as much as the standing of the merchant. Nowhere 
in the country, except at the Hudson s Bay Company s 
store, would an order pass at par. 26 The inconvenience 
of paying for the simplest article by orders on wheat 
in warehouse was annoying both to purchaser and 
seller. The first money brought into the country in 
any quantity was a barrel of silver dollars received at 

S. F. California Star, July 10, 1847; Crawford s Far., MS., 119-20. 
Lovejoy s Portland, MS., 35-6. 
26 BriQ <g s Port Townsend, MS., 11-13. 



SHIPPING. 15 

Vancouver to be paid in monthly sums to the crew 
of the Modeste? 1 The subsequent overland arrivals 
brought some coin, though not enough ta remedy the 
evil. 

One effect of the condition of trade in the colony 
was to check credit, which in itself would not have 
been injurious, perhaps, 2 * had it not also tended to 
discourage labor. A mechanic who worked for a 
stated price was not willing to take whatever might 
be given him in return for his labor. 2 

Another effect of such a method was to prevent 
vessels coming to Oregon to trade. 30 The number of 

21 Roberts Recollections, MS., 21; Ebbert s Trapper s Life, MS., 40. 
28 Howison relates that he found many families who, rather than incur debt, 
had lived during their first year in the country entirely on boiled wheat and 
salt salmon, the men going without hat or shoes while putting in and harvest 
ing their first crop. Coast and Country, 16. 

29 Moss gives an illustration of this check to industry. A man named 
Anderson was employed by Abernethy in his saw-mill, and labored night and 
day. Abemethy s stock of goods was not large or well graded, and he would 
sell certain articles only for cash, even when his own notes were presented. 
Anderson had purchased part of a beef, \vhich he wished to salt for family 
use, but salt being one of the articles for which cash was the equivalent at 
Abernethy s store, he was refused it, though Abernethy was owing him, and 
he was obliged to go to the fur company s store for it. Pioneer Times, MS., 
40-3. 

30 Herewith I summarize the Oregon ocean traffic for the 14 years since the 
first American settlement, most of which occurrences are mentioned elsewhere. 
The Hudson s Bay Company employed in that period the barks Ganymede, 
forager, Nereid, Columbia, Cowlitz, Diamond, Vancouver, Wave, Brothers, 
Janet, Admiral Moorsom, the brig Mary Dare, the schooner Cadboro, and the 
steamer Beaver, several of them owned by the company. The Beaver, after 
her first appearance in the river in 1836, was used in the coast trade north 
of the Columbia. The barks Cowlitz, Columbia, Vancouver, and the schooner 
Cadboro crossed the bar of the Columbia more frequently than any other ves 
sels from 1836 to 1848. The captains engaged in the English service were 
Eales, Royal, Home, Thompson, McNeil, Duncan, Fowler, Brotchie, More, 
Darby, Heath, Dring, Flere, Weyington, Cooper, McKnight, Scarborough, and 
Humphreys, who were not always in command of the same vessel. There 
was the annual vessel to and from England, but the others were employed in 
trading along the coast, and between the Columbia River and the Sandwich 
Islands, or California, their voyages extending sometimes to Valparaiso, from 
which parts they brought the few passengers coming to Oregon. 

The first American vessel to enter the Columbia after the arrival of the 
missionaries was the brig Loriot, Captain Bancroft, in Dec. 1836; the second 
the Diana, Captain W. S. Hinckley, May 1837; the third the Lausanne, 
Captain Spaulding, May 1840. None of these came for the purpose of trade. 
There is mention in the 25th Cong., 3d Scss., U. S. Com. Rcpt. 101, 58, of 
the ship Joseph Peabody fitting out for the Northwest Coast, but she did not 
enter the C ^lumbia so far as I can learn. In August 1840 the first American 
trader since Wyeth arrived. This was the brig Maryland, Captain John H. 
Couch, from Newburyport, belonging to the house of Gushing & Co. She took 
a few fish and left the river in the autumn never to return. In April 1841 



16 CONDITION OF AFFAIRS. 

American vessels which brought goods to the Colum 
bia or carried away the products of the colony was 
small. Since 1834 the bar of the Columbia had been 
crossed by American vessels, coming in and going 
out, fifty-four times. The list of American vessels 
entering during this period comprised twenty-two of 

the second trader appeared, the Thomas H. Perkins, Captain Varney. She 
remained through the summer, the Hudson s Bay Company finally purchas 
ing her cargo and chartering the vessel to get rid 01 her. Then came the U. S. 
exploring expedition the same year, whose vessels did not enter the Columbia 
owing to the loss of the Peacock on the bar. After this disaster Wilkes bought 
the charter and the name of the Perkins was changed to the Oregon, and she 
left the river with the shipwrecked mariners for California. On the 2d of 
April 1842 Captain Couch reappeared with a new vessel, the Chenamus, named 
after the chief of the Chinooks. He brought a cargo of goods which he took 
to Oregon City, where he established the first American trading-house in the 
Willamette Valley, and also a small fishery on the Columbia. She sailed for 
Newburyport in the autumn. On this vessel came Richard Ekin from Liver 
pool to Valparaiso, the Sandwich Islands, and thence to Oregon. He settled 
near Salem and was the first saddle-maker. From which circumstance I call 
his dictation The Saddle-Maker. Another American vessel whose name does 
not appear, but whose captain s name was Chapman, entered the river April 
10th to trade and fish, and remained till autumn. She sold liquor to the Clatsop 
and other savages, and occasioned much discord and bloodshed in spite of the 
protests of the missionaries. In May 1843 the ship Fama, Captain Nye, arrived 
withsupplies for the missions. She brought several settlers, namely: Philip Fos 
ter, wife, and 4 children; F. W. Petty grove, wife, and child; Peter F. Hatch, 
wife and child; and Nathan P. Mack. Petty grove brought a stock of goods and 
began trade at Oregon City. In August of the same year another vessel of the 
Newburyport Company arrived with Indian goods, and some articles of trade 
for settlers. This was the bark Pallas, Captain Sylvester; she remained until 
November, when she sailed for the Islands and was sold there, Sylvester 
returning to Oregon the following April 1844 in the Chenamus, Captain Couch, 
which had made a voyage to Newburyport and returned. She brought from 
Honolulu Horace Hold en and family, who settled in Oregon; also a Mr Cooper, 
wife and boy; Mr and Mrs Burton and 3 children, besides Griffin, Tidd, and 
Goodhue. The Chenamus seems to have made a voyage to the Islands in the 
spring of 1845, in command of Sylvester, and to have left there June 12th 
to return to the Columbia. This was the first direct trade with the Islands. 
The Chenamus brought as passengers Hathaway, Weston, Roberts, John Crank- 
bite, and Elon Fellows. She sailed for Newburyport in the winter of 1845, 
and did not return to Oregon. In the summer of 1844 the British sloop-of- 
war Modeste, Captain Baillie, entered the Columbia and remained a short time 
at Vancouver. On the 31st of July the Belgian ship L Infatic/able entered 
the Columbia by the before undiscovered south channel, escaping wreck, to 
the surprise of all beholders. She brought De Smet and a Catholic reenforce- 
ment for the missions of Oregon. In April 1845 the Swedish brig Bull visited 
the Columbia ; she was from China : Shilliber, supercargo. Captain Worn- 
grew remained but a short time. On the 14th of October the Amer 
ican bark, Toulon, Captain Nathaniel Crosby, from New York, arrived 
with goods for Pettygrove s trading-houses in Oregon City and Portland: 
Benjamin Stark jun., supercargo. In September the British sloop-of-war 
Modeste returned to the Columbia, where she remained till June 1847. The 
British ehip-of-war America, Captain Gordon, was in Puget Sound during 
the summer. In the spring of 1846 the Toulon made a voyage to the Ha 
waiian Islands, returning June 24th with a cargo of sugar, molasses, coffee, 



IMPORTS AND PASSENGERS. 17 

all classes. Of these in the first six years not one 
was a trader; in the following six years seven were 
traders, but only four brought cargoes to sell to 
the settlers, and these of an ill-assorted kind. From 
March 1847 to August 1848 nine different American 
vessels visited the Columbia, of which one brought a 

cotton, woollen, goods, and hardware; also a number of passengers, viz.: Mrs 
Whittaker and 3 children, and Shelly, Armstrong, Rogers, Overton, Norris, 
Brothers, Powell, and French and 2 sons. The Toulon continued to run to 
the Islands for several years. On the 20th of June 1846 the American bark 
Mariposa, Captain Parsons, arrived from New York with goods consigned to 
Benjamin Stark jun. , with Mr and Miss Wadsworth as passengers. The Mari- 
posa remained but a few weeks in the river. On the 18th of July the U. S. 
schooner Shark, Captain Neil M. Howison, entered the Columbia, narrowly 
escaping shipwreck on the Chinook Shoal. She remained till Sept. , and was 
wrecked going out of the mouth of the river. During the summer the British 
frigate Fistjard, Captain Duntre, was stationedin Puget Sound. About the Istof 
March 1847 the brig Henry, Captain William K. Kilborne, arrived from New- 
buryport for the purpose of establishing a new trading-house at Oregon City. 
The Henry brought as passengers Mrs Kilborne and children; G. W. Lawton, a 
partner in the venture; D. Good, wife, and 2 children; Mrs Wilson and 2 
children; H. Swasey and wife; R. Douglas, D. Markwood, C. C. Shaw, B. 
R. Marcellus, a d S. C. Reeves, who became the first pilot on the Columbia 
River bar. The goods brought by the Henry were of greater variety 
than any stock before it ; but they were also in great part second-hand arti 
cles of furniture on which an enormous profit was made, but which sold 
readily owing to the great need of stoves, crockery, cabinet-ware, mirrors, 
and other like conveniences of life. The Henry was placed under the com 
mand of Cap tarn Bray, and was employed trading to California and the 
[slands. On the 24th of March the brig Commodore Stockton, Captain Young, 
from San Francisco, arrived, probably for lumber, as she returned in April. 
The Stockton was the old Pallas renamed. On the 14th of June the American 
ship Brutus, Captain Adams, from Boston and San Francisco, arrived, and 
remained in the river several weeks for a cargo. On the 22d of the same 
month the American bark Whiton, Captain Gelston, from Monterey, arrived, 
also for a cargo; and on the 27th the American ship Mount Vernon, Captain 
0. J. Given, from Oahu, also entered the river. By the Whiton there came 
as settlers Rev. William Roberts, wife and 2 children, Rev. J. H. Wilbur, 
wife, and daughter, Edward F. Folger, Richard Andrews, George Whitlock, 
and J. M. Stanley, the latter a painter seeking Indian studies for pictures. 
The Whiton returned to California and made another visit to the Columbia 
River in September. On the 13th of August there arrived from Brest, France, 
the bark L Etoile du Matin, Captain Menes, with Archbishop Blanchet and a 
Catholic reinforcement of 21 persons, viz.: Three Jesuit priests, Gaetz, 
Gazzoli, Menestrey, and 3 lay brothers; 5 secular priests, Le Bas, Mc- 
Cormick, Deleveau, Pretot, and Veyret; 2 deacons, B. Delorme, and J. F. 
Jayol; and one cleric, T. Mesplie; and 7 sisters of Notre Dame de Namur. 
Captain Menes afterwards engaged in merchandising in Oregon. L JEtoile du 
Matin was wrecked on the bar. On the 16th of March 1848 the U. S. trans 
port Anita, Midshipman Woodworth in command, arrived in the Columbia to 
recuit for the army in Mexico, and remained until the 22d of April. About 
this time the American brig Eveline, Captain Goodwin, entered the Columbia 
for a cargo of lumber; she left the river May 7th. The Hawaiian schooner 
Mary Ann, Captain Belcham, was also in the river in April. The 8th of May 
the Hudson s Bay Company s bark Vancouver, Captain Duncan, was lost after 
crossing the bar, with a cargo from London valued at 30,000, and unin- 
HIST. OB., VOL. II. 2 



18 CONDITION OF AFFAIRS. 

stock of general merchandise, and the rest had come 
for provisions and lumber, chiefly for California. All 
the commerce of the country not carried on by these 
few vessels, most of them arriving and departing but 
once, was enjoyed by the British fur company, whose 
barks formed regular lines to the Sandwich Islands, 
California, and Sitka. 

It happened that during 1846, the year following 
the incoming of three thousand persons, not a single 
ship from the Atlantic ports arrived at Oregon with 
merchandise, and that all the supplies for the year 
were brought from the Islands by the Toulon, the 
sole American vessel owned by an Oregon company, 
the Chenamus having gone home. This state of 
affairs occasioned much discontent, and an examina 
tion into causes. The principal grievance presented 
was the rule of the Hudson s Bay Company, which 
prohibited their vessels from carrying goods for per 
sons not concerned with them. But the owners of 
the only two American vessels employed in transpor 
tation between the Columbia and other ports had 

sured. She was in charge of the pilot, but missed stays when too near the 
south sands, and struck where the Shark was wrecked 2 years before. On the 
27th of July the American schooner Honolulu, Captain Newell, entered the 
Columbia for provisions; and about the same time the British war-ship Con 
stance, Captain Courtenay, arrived in Puget Sound. The Hawaiian schooner 
Starting, Captain Menzies, arrived the 10th of August in the river for a cargo 
of provisions. The Henry returned from California at the same time, with the 
news of the gold-discovery, which discovery opened a new era in the traffic of 
the Columbia. The close of the period was marked by the wreck of the whale- 
ship Maine, Captain Netcher, with 1,400 barrels of whale-oil, 150 of sperm-oil, 
and 14,000 pounds of bone. She had been two years from Fairhaven, Mass., 
and was a total loss. The American schooner Maria, Captain De Witt, was 
in the river at the same time, for a cargo of flour for San Francisco; also the 
sloop Peacock, Captain Gier; the TorigSabine, Captain Crosby; and the schooner 
Ann, Captain Melton; all for cargoes of flour and lumber for San Francisco. 
Later in the summer the Harpooncr, Captain Morice, was in the river. The 
sources from which I have gleaned this information are McLoughlin s Private 
Papers, 2d ser., MS.; Douglas Private Papers, 2d ser., MS; a list made 
by Joseph Hardisty of the Hudson s Bay Company, and published in the 
Or. Spectator, Aug. 19, 1851; Parker s Journal; Kelley s Colonization of Or.; 
Townsend s Nar.; Lee and Frost s Or.; limes Or. Hist.; 27th Cong., 3d Sess., 
H. Com. Kept. 31, 37; Niks Reg., Ixi. 320; Wilkes Nar. U. S. Explor. Ex., 
iv. 312; Athey s Workshops, MS., 3; Honolulu Friend; Monthly Shipping List; 
Petty</rove s Or., MS., 10; Victor s River of the West, 392, 398; Honolulu News 
Shipping List, 1848; Sylvester s Olympia, MS., 1-4; Deady s Scrap-book, 140; 
Honolulu Gazette, Dec. 3, 1836; Honolulu Polynesian, i. 10, 39, 51, 54; Mack s 
Or., MS., 2; Blanche?* Hist. Cath. Church in Or., 143, 158. 



FLOUR, SALT, AND SALMON. 19 

adopted the same rule, and refused to carry wheat, 
lumber, or any other productions of the country, for 
private individuals, having freight enough of their 
own. 

The granaries and flouring -mills of the country 
were rapidly becoming overstocked; lumber, laths, and 
shingles were being made much faster than they could 
be disposed of, and there was no way to rid the colony 
of the over-production, while money was absolutely 
required for certain classes of goods. As it was de 
clared by one of the leading colonists, "the best families 
in the country are eating their meals and drinking 
their tea and coffee when our merchants can afford 
it from tin plates and cups; 31 many articles of cloth 
ing and other things actually necessary for our con 
sumption are not to be purchased in the country; our 
children are growing up in ignorance for want of 
school-books to educate them; and there has not been 
a plough-mould in the country for many months." 

In the autumn of 1845 salt became scarce, and was 
raised in price from sixty-two and a half cents a bushel 
to two dollars at McLoughlin s store in Oregon City. 
The American merchants, Stark and Pettygrove, saw 
an opportunity of securing a monopoly of the salmon 
trade by withholding their salt, a cash article, from 
market, at any price, and many families were thereby 
compelled to dispense with this condiment for months. 
Such was the enmity of the people, however, toward 
McLoughlin as a British trader, that it was seriously 
proposed in Yarnhill County to take by force the salt 
of the doctor, who was selling it, rather than to rob 
the American merchants who refused to sell. 3 

It was deemed a hardship while flour brought from 
ten to fifteen dollars a barrel in the Hawaiian Islands, 

31 McCarver, in Or. Spectator, July 4, 1846. Thornton says Mr Waymire 
paid Pettygrove, at Portland, $2.50 for 6 very plain cups and saucers, which 
could be had in the States for 25 cents; and the same for G very ordinary and 
plain plates. Wheat at that time was worth $1 per bushel. Or. and Cal. t ii. 
52. 

*> Bacon s Merc. Life in Or. City, MS., 22. 



20 CONDITION OF AFFAIRS. 

and New York merchants made a profit by shipping 
it from Atlantic ports where wheat was worth more 
than twice its Oregon price, that for want of shipping, 
the fur company and two or three American mer 
chants should be privileged to enjoy all the benefits 
of such a market, the farmers at the same time being 
kept in debt to the merchants by the low price of 
wheat. Many long articles were published in the 
Spectator exhibiting the enormous injury sustained on 
the one hand and the extraordinary profits enjoyed 
on the other, some of which were answered by James 

t/ 

Douglas, who was annoyed by these attacks, for it 
was always the British and not the American traders 
who were blamed for taking advantage of their oppor 
tunity. The fur company had no right to avail them 
selves of the circumstances causing fluctuation; only 
the Americans might fatten themselves on the wants 
of the people. If the fur company kept down the 
price of wheat, the American merchants forced up the 
price of merchandise, and if the former occasionally 
made out a cargo by carrying the flour or lumber of 
their neighbors to the Islands, they charged them as 
much as a vessel coming all the way out from New 
York would do, and for a passage to Honolulu one 
hundred dollars. In the summer of 1846 the super 
cargo of the Toulon , Benjamin Stark, jun., after carry 
ing out flour for Abernethy, refused to take the return 
freight except upon such terms as to make acceptance 
out of the question; his object being to get his own 
goods first to market and obtain the price consequent 
on the scarcity of the supply. 8 Palmer relates that 
the American merchants petitioned the Hudson s Bay 
Company to advance their prices; and that it was 
agreed to sell to Americans at a higher price than 
that charged to their own people, an arrangement that 
lasted for two years. 84 

83 Or. Spectator, July 23, 1846; flowison s Coast and Country, MS., 21; 
Waldo s Critiques, MS., 18. 

31 Palmer s Journal, 117-18; Roberts Recollections, MS., 67. 



INFLUENCE OF MONOPOLY. 21 

The colonists felt that instead of being half- clad, 
and deprived of the customary conveniences of living, 
they ought to be selling from the abundance of their 
farms to the American fleet in the Pacific, and 
reaching out toward the islands of the ocean and to 
China with ships of their own. To remedy the evil 
and bring about the result aspired to, a plan was pro 
posed through the Spectator, whereby without money 
a joint-stock company should be organized for carry 
ing on the commerce of the colony in opposition to 
the merchants, British or American. This plan was 
to make the capital stock consist of six hundred 
thousand or eight hundred thousand bushels of wheat 
divided into shares of one hundred bushels each. 
When the stock should be taken and officers elected, 
bonds should be executed for as much money as 
would buy or build a schooner and buy or erect a 
grist-mill. 

A meeting was called for the 16th of January 1847, 
to be held at the Methodist meeting-house in Tuala 
tin plains. Two meeting were held, but the conclu 
sion arrived at was adverse to a chartered company; 
the plan adopted for disposing of their surplus wheat 
being to select and authorize an agent at Oregon City 
to receive and sell the grain, and import the goods 
desired by the owners. A committee was chosen to 
consider proposals from persons bidding, and Governor 
Abernethy was selected as miller, agent, and importer. 
Twenty-eight shares were taken at the second meet 
ing in Yamhill. An invitation was extended to other 
counties to hold meetings, correspond, and fit them 
selves intelligently to carry forward the project, which 
ultimately would bring about the formation of a char 
tered company. 35 The scheme appeared to be on the 

35 The leaders in the movement seem to have been E. Lennox, M. M. Mc- 
Carver, David Hill, J. L. Meek, Lawrence Hall, J. S. Griffin, and Caffen- 
burg of Yamhill; David Leslie, L. H. Judson, A. A. Robinson, J. S. Smith, 
Charles Bennett, J. B. McClane, Robert Newell, T. J. Hubbard, and E. 
Dupuis of Champoeg. Or. Spectator, March 4 and April 29, 1847; S. F. Cali 
fornia Star, Feb. 27, 1847. 



22 CONDITION OF AFFAIRS. 

way to success, when an unlooked-for check was re 
ceived in the loss of a good portion of the year s crop, 
by late rains which damaged the grain in the fields. 
This deficiency was followed by the large immigration 
of that year which raised the price of wheat to double 
its former value, and rendered unnecessary the plan of 
exporting it; while the Cayuse war, following closely 
upon these events, absorbed much of the surplus 
means of the colony. 

Previous to 1848 the trade of Oregon was with the 
Hawaiian Islands principally, and the exports amounted 
in 1847 to $54,784.99. 36 This trade fell off in 1848 
to $14,986.57; not on account of a decrease in ex 
ports which had in fact been largely augmented, as 
the increase in the shipping shows, but from being 
diverted to California by the American conquest and 
settlement; the demand for lumber and flour begin 
ning some months before the discovery of gold. 37 

The colonial period of Oregon, which may be likened 
to man s infancy, and which had struggled through 
numerous disorders peculiar to this phase of existence, 
had still to contend against the constantly recurring 
nakedness. From the fact that down to the close of 
1848 only five ill-assorted cargoes of American goods 
had arrived from Atlantic ports, 38 which were partially 

36 Polynesian, iv. 135. I notice an advertisement in 8. I. Friend, April 
1845, where Albert E. Wilson, at Astoria, offers his services as commission 
merchant to persons at the Islands. 
r Thornton s Or. and CaL, ii. 63. 
8 The cargo of the Toulon, the last and largest supply down to the close of 

O Cj J. JL / 

1845, consisted of 20 cases wooden clocks, 20 bbls. dried apples, 3 small mills, 
1 doz. crosscut-saws, mill-saws and saw-sets, mill-cranks, ploughshares, and 
pitchforks, 1 winno wing-machine, 100 casks of cut nails, 50 boxes saddler s 
tacks, 6 boxes carpenter s tools, 12 doz. hand-axes, 20 boxes manufactured 
tobacco, 5,000 cigars, 50 kegs white lead, 100 kegs of paint, ^ doz. medicine- 
chests, 50 bags Rio coffee, 25 bags pepper, 200 boxes soap, 50 cases boots and 
shoes, 6 cases slippers, 50 cane-seat chairs, 40 doz. wooden-seat chairs, 50 doz. 
sarsaparilla, 10 bales sheetings, 4 cases assorted prints, one bale damask tartan 
shawls, 5 pieces striped jeans, 6 doz. satinet jackets, 12 doz. linen duck pants, 
10 doz. cotton duck pants, 12 doz. red flannel shirts, 200 dozen cotton hand 
kerchiefs, 6 cases white cotton flannels, 6 bales extra heavy indigo-blue cot 
ton, 2 cases negro prints, 1 case black velveteen, 4 bales Mackinaw blankets, 
150 casks and bbls. molasses, 450 bags sugar, etc., for sale at reduced prices 
for cash. Or. Spectator, Feb. 5, 1846. 



THE COLONIAL PERIOD. 23 

replenished by purchases of groceries made in the 
Sandwich Islands, and that only the last cargo, that 
of the Henry in 1847, brought out any assortment of 
goods for women s wear, 39 it is strikingly apparent 
that the greatest want in Oregon was the want of 
clothes. 

The children of some of the foremost men in the 
farming districts attended school with but a single gar 
ment, w^hich was made of coarse cotton sheeting dyed 
with copperas a tawny yellow. During the Cayuse 
war some young house-keepers cut up their only pair 
of sheets to make shirts for their husbands. Some 
women, as well as men, dressed in buckskin, and in 
stead of in ermine justice was forced to appear in blue 
shirts and with bare feet. 4( And this notwithstanding 
the annual ship-load of Hudson s Bay goods. In 1848 
not a single vessel loaded with goods for Oregon 
entered the river, and to heighten the destitution the 
fur company s bark Vancouver was lost at the en 
trance to the river on the 8th of May, with a valuable 
cargo of the articles most in demand, which were agri 
cultural implements and dry-goods, in addition to the 
usual stock in trade. Instead of the wives and daugh 
ters of the colonists being clad in garments becoming 
their sex and position, the natives of the lower Columbia 
decked in damaged English silks 41 picked up along the 
beach, gathered in great glee their summer crop of 
blackberries among the mountains. The wreck of the 
Vancouver was a great shock to the colony. A large 
amount of grain had been sown in anticipation of the 

39 The Henry brought silks, mousseline de laines, cashemeres, d dcosse, 
balzarines, muslins, lawns, brown and bleached cottons, cambrics, tartan and 
net-wool shawls, ladies and misses cotton hose, white and colored, cotton and 
silk handkerchiefs. Id., April 1, 184^ 

40 These facts I have gathered from conversations with many of the pio 
neers. They have also been alluded to in print by Burnett, Adams, Moss, 
Nesmith, and Minto, and in most of the manuscript authorities. Moss tells 
an anecdote of Straight when he was elected to the legislature in 1845. He 
had no coat, and was distressed on account of the appearance he should make 
in a striped shirt. Moss having just been so fortunate as to have a coat made 
by a tailor sold it to him for $40 in scrip, which has never been redeemed. 
Pioneer Times, MS., 43-4. 

^ Crawford s Nar., MS., 147; S. F. Californian, May 24, 1848. 



24 CONDITION OF AFFAIRS. 

demand in California for flour, which it would be im 
possible to harvest with the means at hand; and al 
though by some rude appliances the loss was partially 
overcome it could not be wholly redeemed. To add to 
their misfortunes, the whale-ship Maine was wrecked 
at the same place on the 23d of August, by which the 
gains of a two years cruise were lost, together with 
the ship. 

The disaster to this second vessel was a severe blow 
to the colonists, who had always anticipated great 
profits from making the Columbia River a rendezvous 
for the whaling-fleet on the north-west coast. Some 
of the owners in the east had recommended their sail 
ing-masters to seek supplies in Oregon, out of a desire 
to assist the colonists. But it was their ill-fortune to 
have the first whaler attempting entrance broken up 
on the sands where two United States vessels, the 
Peacock and Shark, had been lost. 42 Ever since the 
wreck of the Shark efforts had been made to inaug 
urate a proper system of pilotage on the bar, and 
one of the constant petitions to congress was for a 
steam-tug. In the absence of this benefit the Oregon 
legislature in the winter of 1846 passed an act estab 
lishing pilotage on the bar of the Columbia, creating 
a board of commissioners, of which the governor was 
one, with power to choose four others, who should 
examine and appoint suitable persons as pilots. 43 

The first American pilot was S. C. Reeves, who 
arrived in the brig Henry from Newburyport, in 
March 1847, and was appointed in April. 44 He went 
immediately to Astoria to study the channel, and was 
believed to be competent. 45 But the disaster of 1848 

42 During the winter of 1845-6, 4 American whalers were lying at Vancou 
ver Island, the ships Morrison of Mass. , Louise of Conn. , and 2 others. Six 
seamen deserted in a whale-boat, but the Indians would not allow them to 
land, and being compelled to put to sea a storm arose and 3 of them per 
ished, Robert Church, Frederick Smith, and Rice of New London. Niles 
Key., Ixx. 341. 

3 Or. Spectator, Jan. 7, 1847; Or. Laws, 1843-9, 46. 

44 The S. /. Friend of Feb. 1849 said that the first and third mates of the 
Maine had determined to remain in Oregon as pilots. 

45 The Hudson s Bay Company had no pilots and no charts, and wanted 



THE COLUMBIA ENTRANCE. 25 

caused him to be censured, and removed on the charge 
of conniving at the wreck of the Vancouver for the 
sake of plunder; a puerile and ill-founded accusation, 
though his services might well be dispensed with on 
the ground of incompetency. 46 

If the sands of the bar shifted so much that there 
were six fathoms in the spring of 1847 where there 
were but tw r o and a half in 1846, as was stated by 
captains of vessels/ 7 1 see no reason for doubting that 
a sufficient change may have taken place in the winter 
of 1847-8, to endanger a vessel depending upon the 
wind. But however great the real dangers of the Co 
lumbia bar, and perhaps because they were great, 48 the 

none, though they had lost 2 vessels, the William and Ann, in 1828, and 
the Isabella in 1830, in entering the river. Their captains learned the north 
channel and used it; and one of their mates, Latta, often acted as pilot to new 
arrivals. Parrish says, that in 1840 Captain Butler of the Sandwich Islands, 
who came on board the Lausanne to take her over the Columbia Bar, had not 
been in the Columbia for 27 years. Or. Anecdotes, MS., 6, 7. After 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 Townsend s Nar., 180. 

46 The first account of the wreck in the Spectator of May 18, 1848, fully 
exonerates the pilot; but subsequent published statements in the same paper 
for July 27th, speak of the removal on charges preferred against him and 
others, of secreting goods from the wreck. Reeves went to California in the 
autuinn 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 Jdven Guipuzcoana, which was loaded with lumber, flour, and pas 
sengers, and sailed again for San Francisco in March. He became master of a 
small sloop, the Flora, which capsized in Suisun Bay, while carrying a party 
to the mines, in May 1849, by which he, a young man named Loomis, from 
Oregon, and several others were drowned. Crawford s Nar., MS., 191. 

47 Howison declared that the south channel was almost closed up in 1846, 
yet in the spring of 1847 Reeves took the brig Henry out through it, and con 
tinued to use it during the summer. Or. Spectator, Oct. 14, 1847; Hunt s 
Merck. May., xxiii. 358, 560-1. 

48 Kelley and Slacum both advocated an artificial mouth to the Columbia. 
25th Cong., 3d Sess., H. Com. Kept. 101, 41, 56. Wilkes reported rather 
adversely than otherwise of its safety. Howison charged that Wilkes charts 
were worthless, not because the survey was not properly made, but because 
constant alterations were going on which rendered frequent surveys neces 
sary, and also the constant explorations of resident pilots. Coast and Coun 
try, MS. , 8-9. About the time of the agitation of the Oregon Question in the 
United States and England, much was said of the Columbia bar. A writer 
in the Edinburgh Review, July 1845, declared the Columbia inaccessible for 
8 months of the year. Twiss, in his Or. Ques., 370, represented the entrance 
to the Columbia as dangerous. A writer in Niks Reg. , Ixx. 284, remarked 
that from all that had been said and printed on the subject for several years 
the impression was given that the mouth of the Columbia was so dangerous 
to navigate as to be nearly inaccessible. Findlay s Directory, i. 357-71; S. /. 



26 CONDITION OF AFFAIRS. 

colonists objected to having them magnified by rumor 
rather than alleviated by the means usual in such 
cases, and while they discharged Reeves, they used 
the Spectator freely to correct unfavorable impressions 
abroad. There were others who had been employed 
as branch pilots, and who still exercised their vocation, 
and certain captains who became pilots for their own 
or the vessels of others; 49 but there was a time fol 
lowing Reeves dismissal, when the shipping which 
soon after formed a considerable fleet in the Colum 
bia, ran risks enough to vindicate the character of the 
harbor, even though as sometimes happened a vessel 
was lost at the mouth of the river. 

Friend, Nov. 2, 1846; Id., March 15, June 1, 1847; Album Mexicana, i. 573-4; 
S. F. Polynesian, iv. 110; S. F. Ccdifornian, Sept. 2, 1848; Thornton s Or. and CaL , 
i. 305; Ni/es* Reg., Ixix. 381. Senator Benton was the first to take up the 
championship of the river, which he did in a speech delivered May 28, 1846. 
He showed that while Wilkes narrative fostered a poor opinion of the entrance 
to the Columbia, the chart accompanying the narrative showed it to be good; 
and the questions he put in writing to James Blair, son of Francis P. Blair, 
one of the midshipmen who surveyed it (the others were Reynolds and Knox), 
proved the same. Further, he had consulted John Maginn, for 18 years pilot 
at New York, and then president of the New York association of pilots, 
who had a bill on pilotage before congress, and had asked him to compare the 
entrance of New York harbor with that of the Columbia, to which Maginn 
had distinctly returned answer that the Columbia had far the better entrance 
in everything that constituted a good harbor. Cong. Globe, 1845-6, 915; Id., 
921-2. When Vancouver surveyed the river in 1792 there existed but one 
channel. In 1839 when Belcher surveyed it 2 channels existed, and Sand 
Island was a mile and a half long, covering an area of 4 square miles, where 
in Vancouver s time there were 5 fathoms of water. In 1841 Wiikes found 
the south channel closed with accretions from Clatsop Spit, and the middle 
sands had changed their shape. In 1844, as we have seen, it was open, and 
in 1846 almost closed again, but once more open in 1847. Subsequent gov 
ernment surveys have noted many changes. In 1850 the south channel was 
in a new place, and ran in a different direction from the old one; in 1852 the 
new channel was fully cut out, and the bar had moved three fourths of a 
mile eastward with a wider entrance, and 3 feet more water. The north 
channel had contracted to half its width at the bar, with its northern line on 
the line of 1850. The depth was reduced, but there was still one fathom 
more of water than on the south bar; and other changes had taken place. In 
1859 the south channel was again closed, and again in 1868 discovered to be 
open, with a fathom more water than in the north channel, which held pretty 
nearly its former position. From these observations it is manifest that the 
north channel maintains itself with but slight changes, while the south chan 
nel is subject to variations, and the middle sands and Clatsop and Chinook 
spits are constantly shifting. Report of Bvt. Major Gillespie, Engineer Corps, 
TJ. S. A., Dec. 18, 1878, in Daily Astorian. 

49 Captain N. Crosby is spoken of as taking vessels in and out of the river. 
This gentleman became thoroughly identified with the interests of Oregon, 
and especially of Portland, and of shipping, and did much to establish a trade 
with China. 



INTERIOR TRAFFIC. 27 

In the matter of interior transportation there was 
not in 1848 much improvement over the Indian canoe 
or the fur company s barge and bateau. The maritime 
industries seem rather to have been neglected in early 
times on the north-west coast notwithstanding its 
natural features seemed to suggest the usefulness if 
not the necessity of seamanship and nautical science. 
Since the building of the little thirty-ton schooner 
Dolly at Astoria in 1811 for the Pacific Fur Com 
pany, few vessels of any description had been con 
structed in Oregon. Kelley related that he saw in 
1834 a ship-yard at Vancouver where several vessels 
had been built, and where ships were repaired/ which 
is likely enough, but they were small and clumsy 
affairs, 51 and few probably ever went to sea. Some 
barges and a sloop or two are mentioned by the 
earliest settlers as on the rivers carrying wheat from 
Oregon City to Vancouver, which served also to con 
vey families of settlers down the Columbia. 55 The 
Star of Oregon built in the Willamette in 1841, was 
the second vessel belonging to Americans constructed 
in these waters. 

The first vessel constructed by an individual owner, 
or for colonial trade, was a sloop of twenty-five tons, 
built in 1845 by an Englishman named Cook, and 
called the Calapooya. I have also mentioned that she 
proved of great service to the immigrants of that year 
on the Columbia and Lower Willamette. The first keel- 
boats above the falls were owned by Robert Newell, 
and built in the winter of 1845-6, to ply between Ore- 

50 25th Cong., 3d Sew., H. Sup. Kept. 101, 59. 

51 The schooner (not the bark) Vancouver was built at Vancouver in 1829. 
She was about 150 tons burden, and poorly constructed ; and was lost on Rose 
Spit at the north end of the Queen Charlotte Island in 1834. Captain Dun 
can ran her aground in open day. The crew got ashore on the mainland, and 
reached Fort Simpson, Nass River, in June. Roberts Recollections, MS., 43. 

* z MacVs Or., MS., 2; Ebberta Trapper s Life, MS., 44; Or. Spectator, 
April 16, 1846. There is mention in the Spectator of June 25, 1846, of the 
launching at Vancouver of The Prince of Wales, a vessel of 70 feet keel, 18 
feet beam, 14 feet below, with a tonnage register of 74. She was constructed 
by the company s ship -builder, Scarth, and christened by Miss Douglas, 
escorted by Captain Baillie of the Modeste, amidst a large concourse of people. 



23 CONDITION OF AFFAIRS. 

gon City and Champoeg, the Mogul and the Ben 
Franklin. From the fact that the fare was one dollar 
in orders, and fifty cents in cash, may be seen the esti 
mation in which the paper currency of the time was 
held. Other similar craft soon followed, 53 and were 
esteemed important additions to the comfort of trav 
ellers, as well as an aid to business. Other transpor 
tation than that by water there was none, except the 
slow-moving ox-wagon. 54 Stephen H. L. Meek ad 
vertised to take freight or passengers from Oregon 
City to Tualatin plains by such a conveyance, the 
wagon being a covered one, and the team consist 
ing of eight oxen. 55 Medorum Crawford transported 
goods or passengers around the falls at Oregon City 
for a number of years with ox-teains. 56 

The men in the valley from the constant habit of 
being so much on horseback became very good riders. 
The Canadian young men and women were especially 
fine equestrians and sat their lively and often vicious 
Cayuse horses as if part of the animal; and on Sun 
day, when in gala dress, they made a striking appear 
ance, being handsome in form as well as graceful riders. 57 
The Americans also adopted the custom of * loping 
practised by the horsemen of the Pacific coast, which 
gave the rider so long and easy a swing, and carried 
him so fast over the ground. They also became 
skilful in throwing the lasso and catching wild cat 
tle. Indeed, so profitable was cattle-raising, and so 

53 Or. Spectator, May28, 1846. The Great Western ran in opposition to Newell s 
boats in May; and two other clinker-built boats were launched in the same month 
to run between Oregon City and Portland. In June following I notice men 
tion of the Salt River Packet, Captain Gray, plying between Oregon and Astoria 
with passengers. Id., June 11, 1840; Brown s Will. Valley, MS., 30; Bacon s 
Merc. Life Or. City, MS., 12; Weed s Queen Charlotte I. Exped., MS., 3. 

54 Brown, in his Willamette Valley, MS., 6, says that before 1849 there was 
not a span of horses harnessed to a wagon in the territory; and that the first 
set of harness he saw was brought from California. On account of the 
roadless condition of the country at its first settlement, horses were little used 
in harness, but it is certain that many horse-teams came across the plains 
whose harnesses may : having been hanging unused, or made into gearing for 
riding-animals or for horses doing farm -work. 

55 Or. Spectator, Oct. 29, 1846. 

66 Crawford s Missionaries, MS., 13-15. 
bl Minto s Early Days, MS., 31. 



MAIL FACILITIES. 29 

agreeable the free life of the herdsman or owner of 
stock, who flitted over the endless green meadows, clad 
in fringed buckskin, with Spanish spurs jingling on 
his heels, and a crimson silk scarf tied about the 
waist, 58 that to aspiring lads the life of a vaquero of 
fered attractions superior to those of soil-stirring. 

He who would a wooing go, if unable to return the 
same day, carried his blankets, and at night threw 
himself upon the floor and slept till morning, when he 
might breakfast before leave-taking. 

If there were none of the usual means of travel, 
neither were there mail facilities till 1848. Letters 
were carried by private persons, who received pay or 
not according to circumstances. The legislature of 
1845 in December enacted a law establishing a gen 
eral post-office at Oregon City, with W. Gr. T Vault 59 
as postmaster-general, but the funds of the provisional 
government w r ere too scanty and the settlements too 
scattered to make it possible to carry out the inten 
tion of the act. 60 

58 If we may believe some of these same youths, no longer young, they were 
not always so gayly apparelled and mounted. Says one: We rode with a 
rawhide saddle, bridle, and lasso. The bit was Spanish, the stirrups wooden, 
the sinch horse-hair, and over all these, rider and all, was a blanket with a 
hole in it through which the head of the rider protruded. Quite a suitable 
costume for rainy weather. McMinnville Reporter, Jan. 4, 1877. 

59 W. G. T Vault was born in Arkansas, whence he removed to Illinois in 
184.3, and to Oregon in 1844. He was a lawyer, energetic and adventurous, 
foremost in many exploring expeditions, and also a strong partisan with 
southern-democracy proclivities. He possessed literary abilities and had 
something to do with early newspapers, first with the Spectator, as president 
of the Oregon printing association, and as its first editor; afterward as editor of 
the Table Rock Sentinel, the first newspaper in southern Oregon ; and later of 
The Intellif/encer. He was elected to the legislature in 1846. After the 
establishment of the territory he was again elected to the legislature, being 
speaker of the house in 1858. He was twice prosecuting attorney of the 1st 
judicial district, comprising Jackson County, to which he had removed after 
the discovery of gold in Rogue River Valley, and held other public positions. 
When the mining excitement was at its height in Idaho, he was practising 
his profession and editing the Index in Silver City. Toward the close of 
his life, he deteriorated through the influence of his political associations, and 
lost caste among his fellow-pioneers. He died of small-pox at Jacksonville in 
1869. Daily Salem Unionist, Feb. 1869; Deady s Scrap-look, 122; Jacksonville, 
Or., Sentinel, Feb. 6, 1869; Dallas Polk Co. Signal, Feb. 16, 1869. 

450 By the post-office act, postage on letters of a single sheet conveyed for a 
distance not exceeding 30 miles was fixed at 15 cents; over and not exceeding 
80 miles, 25 cents; over and not exceeding 200 miles, 30 cents; 200 miles, 50 
cents. Newspapers, each 4 cents. The postmaster-general was to receive 10 



30 CONDITION OF AFFAIRS. 

The first contract let was to Hugh Burns in the 
spring of 1846, who was to carry the mail once to 
Weston, in Missouri, for fifty cents a single sheet. 
After a six months trial the postmaster-general had 
become assured that the office was not remunerative, 
the expense of sending a semi-monthly mail to each 
county south of the Columbia having been borne 
chiefly by private subscription; and advertised that 
the mail to the different points would be discontinued, 
but that should any important news arrive at Oregon 
City, it would be despatched to the several offices. 
The post-office law, however, remained in force as 
far as practicable but no regular mail service was in 
augurated until the autumn of 1847, when the United 
States department gave Oregon a deputy-postmaster 
in John M. Shively, and a special agent in Cornelius 
Gilliam. The latter immediately advertised for pro 
posals for carrying the mail from Oregon City to 
Astoria and back, from the same to Mary River 61 and 
back, including intermediate offices, and from the same 
to Fort Vancouver, Nisqually, and Admiralty Inlet. 
From this time the history of the mail service belongs 
to another period. 

The social and educational affairs of the colony had 
by 1848 begun to assume shape, after the fashion of 
older communities. The first issue of the Spectator 
contained a notice for a meeting of masons to be held 
the 21st of February 1846, to adopt measures for 
obtaining a charter for a lodge. The notice was issued 
by Joseph Hull, P. G. Stewart, and William P. 
Dougherty. A charter was issued by the grand lodge 
of Missouri on the 19th of October 1846, to Mult- 
nomah lodge, No. 84, in Oregon City. This charter 

per cent of all moneys by him received and paid out. The act was made con 
formable to the United States laws regulating the post-office department, so 
far as they were applicable to the condition of Oregon. Or. Spectator, Feb. 
5, 1846. See T Vault s instructions to postmasters, in /(/., March 5, 1846. 

61 Mary River signified to where Corvallis now stands. When that town 
was first laid off it was called Marysville. 



EDUCATIONAL INSTITUTIONS. 31 

was brought across the plains in an emigrant wagon 
in 1848, intrusted to the care of P. B. Cornwall, who 
turning off to California placed it in charge of Orrin 
Kellogg, who brought it safely to Oregon City and 
delivered it to Joseph Hull. Under this authority 
Multnomah lodge was opened September 11, 1848, 
Joseph Hull, W. M.; W. P. Dougherty, S. W., and 
T. C. Cason, J. W. J. C. Ainsworth was the first 
worshipful master elected under this charter. 62 

A dispensation for establishing an Odd Fellows 
lodge was also applied for in 1846, but not obtained 
till 1852. 63 The Multnomah circulating library was 
a chartered institution, with branches in the different 
counties; and the members of the Falls Association, 
a literary society which seems to have been a part of 
the library scheme, contributed to the Spectator prose 
and verse of no mean quality. 

The small and scattered population and the scarcity 
of school-books were serious drawbacks to education. 
Continuous arrivals, and the printing of a large 
edition of Webster s Elementary Spelling Book by the 
Oregon printing association, removed some of the 
obstacles to advancement 64 in the common schools. 
Of private schools and academies there were already 
several besides the Oregon Institute and the Cath 
olic schools. Of the latter there were St Joseph 65 for 

62 Address of Grand Master Chad wick, in Yreka Union, Jan. 17, 1874; 
Seattle Tribune, Aug. 27, 1875; Olympia Transcript, Aug. 2, 1875. 

63 This was on account of the miscarriage of the warrant, which was sent 
to Oregon in 1847 by way of Honolulu, but which did not reach there, the 
person to whom it was sent, Gilbert Watson, dying at the Islands in 1848. 
A. V. Fraser, who was sent out by the government in the following year to 
supervise the revenue service on the Pacific coast, was then appointed a special 
commissioner to establish the order in California and Oregon ; but the gold 
discoveries gave him so much to do that he did not get to Oregon, and it was 
not until 3 years afterward that Chemeketa lodge No. 1 was established at 
Salem. The first lodge at Portland was instituted in 1853. E. M. Barnum s 
Early Hist. Odd Fellowship in Or., in Jour, of Proceedings of Grand Lodge 
I. 0. 0. F. for 1877, 2075-84; H. H. Gilfrey in same, 2085; C. D. Moore s 
Historical Review of Odd Fellowship in Or., 25th Anniversary of Chemeketa 
Lodge, Dec. 1877; S. F. New Age, Jan. 7, 1865; Constitution, etc., Portland, 
1871. 

64 8. I. Friend, Sept. 1847, 140 ; Or. Fvectator, Feb. 18, 1847. 

65 Named after Joseph La Roque of Paris who furnished the funds for its 
erection. DeSmefs Or. Miss., 41. 



32 CONDITION OF AFFAIRS. 

boys at St Paul on French Prairie, and two schools 
for girls, one at Oregon City and one at St Mary, 
taught by the sisters of Notre Darne. An academy 
known as Jefferson Institute was located in La Creole 
Valley near the residence of Nathaniel Ford, who 
was one of the trustees. William Beagle and James 
Howard were the others, and J. E. Lyle principal. 
On the Tualatin plains Rev. Harvey Clark had opened 
a school which in 1846 had attained to some prom 
ise of success, and in 1847 a board of trustees was 
established. Out of this germ developed two years 
later the Tualatin Academy, incorporated in Septem 
ber 1849, which developed into the Pacific University 
in 1853-4. 

The history of this institution reflects credit upon 
its founders in more than an ordinary degree. Har 
vey Clark, it will be remembered, w T as one of the 
independent missionaries, with no wealthy board at 
his back from whose funds he could obtain a few 
hundred or thousand of dollars. When he failed to 
find missionary work among the natives, he settled 
on the Tualatin plains upon a land-claim where the 
academic town of Forest Grove now stands, and 
taught as early as 1842 a few children of the other 
settlers. In 1846 there came to Oregon, by the 
southern route, enduring all the hardships of the be 
lated immigration, a woman sixty-eight years of age, 
with her children and grandchildren, Mrs Tabitha 
Brown. 6 * Her kind heart was pained at the num 
ber of orphans left to charity by the sickness among 

66 Tabitha Moffat Brown was born in the town of Brinfield, Mass., May 1, 
1780. Her father was Dr Joseph Moffat. At the age of 19 she mar- 
Rev. Clark Brown of Stonington, Conn., of the Episcopal church. In 
the changes of his ministerial life Brown removed to Maryland, where he 
died early, leaving his widow with 3 children surrounded by an illiterate 
people. She opened a school and for 8 years continued to teach, support 
ing her children until the 2 boys were apprenticed to trades, and assisting 
them to start in business. The family finally moved to Missouri. Here her 
children prospered, but one of the sons, Orris Brown, visited Oregon 
in 1843, returning to Missouri in 1845 with Dr White and emigrating with 
his mother and family in 1846. His sister and brother-in-law, Virgil K. 
Pringle, also accompanied him ; and it is from a letter of Mrs Pringle that 
this sketch has been obtained. 



BENEVOLENT MEN AND WOMEN. 33 

the immigrants of 1847, with no promise of proper 
care or training. She spoke of the matter to Harvey 
Clark who asked her what she would do. " If I had 
the means I would establish myself in a comfortable 
home, receive all poor children, and be a mother to 
them," said Mrs Brown. " Are you in earnest?" asked 
Clark. " Yes." "Then I will try with you, and see 
what can be done." 

There was a log meeting-house on Clark s land, and 
in this building Mrs Brown was placed, and the work 
of charity began, the settlers contributing such articles 
of furnishing as they could spare. The plan was to 
receive any children to be taught; those whose parents 
could afford it, to pay at the rate of five dollars a week 
for board, care, and tuition, and those who had noth 
ing, to come free. In 1848 there were about forty 
children in the school, of whom the greater part were 
boarders; 67 Mrs Clark teaching and Mrs Brown 
having charge of the family, which was healthy and 
happy, and devoted to its guardian. In a short time 
Rev. Gushing Eells was employed as teacher. 

There came to Oregon about this time Rev. George 
H. Atkinson, under the auspices of the Home Mission 
ary Society of Boston. 63 He had in view the estab- 

67 In 1851, writes Mrs Brown, I had 40 in my family at $2.50 per week; 
and mixed with my own hands 3,423 pounds of flour in less than 5 months. 
Yet she was a small woman, had been lame many years, and was nearly 
70 years of age. She died in 1857. See Or. Aryus, May 17, 1856; Portland 
West Shore, Dec., 1879. 

68 Atkinson was born in Newbury, Vermont. He was related to Josiah 
Little of Massachusetts. One of his aunts, born in 1700, Mrs Anne Harris, 
lived to within 4 months of the age of 100 years, and remembered well the 
feeling caiTsed in Newburyport one Sunday morning by the tidings of the 
death of the great preacher Whitefield; and also the events of the French 
empire and American revolution. Mr Atkinson left Boston, with his wife, 
in October 1847, on board the bark Samoset, Captain Hollis, and reached 
the Hawaiian Islands in the following February, whence he sailed again for 
the Columbia in the Hudson s Bay Company s bark Cowlitz, Captain Weying- 
ton, May 23d, arriving at Vancouver on the 20th of June 1848. He at once 
entered upon the duties of his profession, organized the Oregon association of 
Congregational ministers, also the Oregon tract society, and joined in the 
effort to found a school at Forest Grove. He corresponded for a time with 
the Home Missionary, a Boston publication, from which I have gathered some 
fragments of the history of Oregon from 1848 to 1851, during the height of the 
gold excitement. Mr Atkinson became pastor of the Congregational church in 
Oregon City in 1853; andwasfor many years the pastorof the first Congregational 
HIST. OR., VOL. II. 3 



34 CONDITION OF AFFAIRS. 

lishment of a college under the patronage of the Con 
gregational church and finding his brethren in Oregon 
about to erect a new building for the school at Tua 
latin plains, and to organize a board of trustees, an 
arrangement was entered into by which the orphan 
school was placed in the hands of the trustees as the 
foundation of the proposed college, which at first 
aspired only to be called the Tualatin academy. 

Clark gave two hundred acres of his land-claim for 
a college and town-site, and Mrs Brown gave a lot 
belonging to her, and five hundred dollars earned by 
herself. Subsequently she presented a bell to the 
Congregational church erected on the town-site; and 
immediately before her death gave her own house and 
lot to the Pacific University. She was indeed earnest 
and honest in her devotion to Christian charity; may 
her name ever be held in holy remembrance. 

Mr Clark also sold one hundred and fifty acres of 
his remaining land for the benefit of the institution 
of which he and Mrs Brown were the founders. It 
is said of Clark, " he lived in poverty that he might 
do good to others." He died March 24, 1858, at 
Forest Grove, being still in the prime of life. 69 What 
was so well begun before 1848 continued to grow 
with the development of the country, and under the 
fostering care of new friends as well as old, became 
one of the leading independent educational institu 
tions of the north-west coast. 70 

church in Portland. His health failing about 1866, he gave way to younger men; 
but he continued to labor as a missionary of religion and temperance in newer 
fields as his strength permitted. Nor did he neglect other fields of labor in 
the interest of Oregon, contributing many valuable articles on the general 
features and resources of the country. Added to all was an unspotted repu 
tation, the memory of which will be ever cherished by his descendants, 2 sons 
and a daughter, the latter married to Frank Warren jun. of Portland. 

"Evant HM. Or., MS., 341; Gray s Hist. Or., 231; Deady s Hist. Or., MS., 





54; Or. Argus, April 10, 1858. Clark s daughter married George H. Durham 
of Portland. 

70 The first board of trustees was composed of Rev. Harvey Clark, Hiram 
Clark, Rev. Lewis Thompson, W. H. Gray, Alvin T. Smith, James M. Moore, 
Osborne Russell, and G. H. Atkinson. The land given by Clark was laid 
out in blocks and lots, except 20 acres reserved for a campus, the half of 
which was donated by Rev. E. Walker. A building was erected during the 
reign of high prices, in 1850-1, which cost, unfinished, $7,000; $5,000 of which 



THE PACIFIC UNIVERSITY. 35 

A private school for young ladies was kept at Ore 
gon City by Mrs N. M. Thornton, wife of Judge 
Thornton. It opened February 1, 1847. The pupils 
were taught " all the branches usually comprised in a 
thorough English education, together with plain and 
fancy needle- work, drawing, and painting in mezzotints 
and water- colors." 71 Mrs Thornton s school was patro 
nized by James Douglas and other persons of distinc 
tion in the country. The first eifort made at estab 
lishing a common-school board was early in 1847 in 

came from the sale of lots, and by contributions. In 1852 Mr Atkinson went 
east to solicit aid from the college society, which had promised to endow to 
some extent a college in Oregon. The Pacific University was placed the ninth 
on their list, with an annual sum granted of $600 to support a permanent pro 
fessor. From other sources he received $800 in money, and $700 in books for 
a library. Looking about for a professor, a young theological student, S. H. 
Marsh, son of Rev. Dr Marsh of Burlington College, was secured as principal, 
and with him, and the funds and books, Mr Atkinson returned in 1853. In 
the mean time J. M. Keeler, fresh from Union college, Schenectady, New 
York, had taken charge of the academy as principal, and had formed a pre 
paratory class before the arrival of Marsh. The people began to take a lively 
interest in the university, and in 1854 subscribed in lands and money 0,500, 
and partially pledged $3,500 more. On the 13th of April 1854 Marsh was 
chosen president, but was not formally inaugurated until August 21, 1855. 
This year Keeler went to Portland, and E. D. Shattuck took his place as 
principal of the academy which also embraced a class of young ladies. The 
institution struggled on, but in 1856-7 some of its most advanced students 
left it to go to the better endowed eastern colleges. This led the trustees and 
president to make a special effort, and Marsh went to New York to secure 
further aid, leaving the university department in the charge of Rev. H. Ly- 
man, professor of mathematics, who associated with him Piev. C. Eells. The 
help received from the college society and others in the east, enabled the uni 
versity to improve the general regime of the university. The first graduate 
was Harvey W. Scott, who in 1863 took his final degree. In 1866 there were 
4 graduates. In June 1867 the president having again visited the east for 
further aid, over $25,000 was subscribed and 2 additional professors secured: 
G. H. Collier, professor of natural sciences, and J. W. Marsh, professor of 
languages. In May 1868 there were $44,303.60 invested funds, and a library 
of 5,000 volumes. A third visit to the east in 1869 secured over $20,000 for 
a presidential endowment fund. The university had in 1876, in funds and 
other property, $85,000 for its support. The buildings are however of a poor 
character for college pin-poses, being built of "wood, and not well constructed, 
and $100,000 would be required to put the university in good condition. 
President Marsh died in 1879, and was succeeded by J. R. Herrick. Though 
founded by Congregationalists, the Pacific University was not controlled by 
them in a sectarian spirit; and its professors were allowed full liberty in their 
teaching. Forest Grove, the seat of this institution, is a pretty village nestled 
among groves of oaks and firs near the Coast Range foot-hills. Centennial 
Year Hist. Pacific University, in Portland Oregonian, Feb. 12, 1876; Victor s 
Or. and Wash., 189-90; Or. Argus, Sept. 1, 1855; Deady s JJist. Or., MS., 54. 
71 Mrs Thornton wrote to the S. I. Friend that she was very comfortably 
settled in a log-house, walked a mile to her school every morning, and was 
never more contented in her life. 



33 CONDITION OF AFFAIRS. 

Tualatin County, Rev. J. S. Griffin secretary; 72 but 
no legislative action was taken until a later period. 
Besides the spelling-book printed in 1847, Henry H. 
Evarts printed an almanac calculated for Oregon and 
the Sandwich Islands. 73 It was printed at the Spec 
tator office by W. P. Hudson. 

Professional men were still comparatively rare, 
preachers of different denominations outnumbering 
the other professions. 74 In every neighborhood there 
was preaching on Sundays, the services being held in 
the most commodious dwellings, or in a school-house 
if there was one. There were as yet few churches. 
Oregon City, being the metropolis, had three, Catholic, 
Methodist, and Congregationalist. 75 There was a 
Methodist church at Hillsboro, and another at Salem, 
and the Catholic Church at St Paul s, which com 
pleted the list in 1848. 

The general condition of society in the colony was, 
aside from the financial and Indian troubles which I 
have fully explained, one of general contentment. 
Both Burnett and Minto declare in their accounts of 
those times that notwithstanding the hardships all 

72 Or. Spectator, Feb. 18, 1847. 

r3 #. I. Friend, Feb. 1848; Thornton s Hist, Or., MS., 27. 

7J I find in the 8. 1. Friend, Sept. 1847, the following computation: Inhabi 
tants (white), 7,000. This, according to immigration statistics, was too small 
an estimate. About 400 were Catholics. Methodists were most numerous. 
There were 6 itinerating Methodist Episcopal preachers, and 8 or 10 local 
preachers, besides 2 Protestant Methodist clergymen. Baptist missionaries, 2 ; 
Congregational or Presbyterian clergymen, 4 ; and several of the Christian 
denomination known as Cam pbellites; regular physicians, 4; educated lawyers, 
4; quacks in both professions more numerous. I have already mentioned the 
accidental death of Dr Long by drowning in the Willamette at Oregon City, 
he being at the time territorial secretary. He was succeeded in practice and 
in office by Dr Frederick Prigg, elected by the legislature in December 1846. 
He also died an accidental death by falling from the rocky bluff into the river, 
in October 1849. He was said to be a man of fine abilities and education, but 
intemperate in his habits. Or. Spectator, Nov. 2, 1849; Johnson s Gal. and 
Or., 274. 

Deady 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, March 24, 1876. In 1848 Rev. Horace Lyman, with his wife, left 
Boston to join Atkinson in Oregon. He did not arrive until late in 1849. He 
founded the first Congregational church in Portland, but subsequently became 
a professor at the Pacific University. Home Missionary, xxii. 43-4; Or. Spec 
tator, Nov. 1, 1849. 



QUALITY OF THE POPULATION. 37 

endured, there were few who did not rejoice sincerely 
that they had cast their lot in Oregon. 76 Hospitality 
and good-fellowship prevailed; the people were tem 
perate 77 and orderly; and crime was still rare/ 

Amusements were few and simple, and hardly nec 
essary in so free and unconventional a community, 
except as a means of bringing the people together. 

76 Minto, in Camp Fire Orations, MS., 17; Burnett s Recollections, MS., i. 
170; While s Emigration to Or., MS., 11; Simpson s Nar., i. 170. 

77 The missionaries, the women of Oregon city, and friends of temperance 
generally, were still laboring to effect prohibition of the traffic in spirituous 
liquors. The legislature of 1847 passed an amendment to the organic law, 
enacting that the word prohibit should be inserted in the place of regulate 
in the 6th section, which read that the legislature should have power to 
regulate the introduction, manufacture, and sale of ardent spirits. Or. L>ncx, 
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. G rover s Or. Archives, 273-4. When the matter 
again came before the colonial legislature at its last session, that part of the 
governor s message referring to prohibition was laid on the table, on motion 
of Jesse Applegate. A bill to amend the organic laws, as above provided, was 
subsequently introduced by Samuel R. Thurston, but was rejected by vote, 
on motion of Applegate. Id., 293. Applegate s independent spirit revolted 
at prohibition, besides which he took a personal gratification from securing 
the rejection of a measure emanating from a missionary source. Surely all 
good people would be naturally averse to hearing an uncultivated savage who 
was full of bad whiskey, singing in Chinook: 

Kah ! six, potlach blue lu (blue ruin), 
Nika ticka, blue lu, 
Hiyu blue lu, 
Hyas olo, 
Potlach blue lu. 

Which freely translated would run : 

Hallo ! friend, give me some whiskey; 
I v ant whiskey, plenty of whiskey; 
Very thirsty ; give me some whiskey. 

Moss* Pioneer Times, MS., 56-7. 

78 In the Spectator of July 9, 1846, there is mention of an encounter with 
knives between Ed. Robinson and John Watson. Robinson was arrested and 
brought before Justice Andrew Hood, and bound over in the sum of $200. 
In the same paper of July 23d is an item concerning the arrest of Duncan 
McLean on suspicion of having murdered a Mr Owens. An affray occurred at 
Salem in August 1847 between John H. Bosworth and Ezekiel Popham, in 
which the latter was killed, or suddenly dropped dead from a disease of the 
heart. Id., Sept. 2, 1847. In 1848 a man named Leonard who had pawned 
his rifle to one Arim, on Sauv6 Island, went to recover without redeeming it, 
when Arim pursued him with hostile intent. Leonard ran until he came 
to a fallen tree too large for him to scale in haste, and finding Arim close upon 
him he turned, and in his excitement fired, killing Arim. Leonard was arrested 
and discharged, there being no witnesses to the affair. Arim was a bully, and 
Leonard a small and usually quiet man, who declared he had no intention of 
killing Arim, but fired accidentally, not knowing the rifle was loaded. Leonard 
left the country soon after for the gold-mines and never returned. Crairford s 
Nar., MS., 167. I cite these examples rather to show the absence than the 
presence of crime. 



38 CONDITION OF AFFAIRS. 

Besides church-going, attending singing-school, 79 and 
visiting among the neighbors there were few assem 
blages. There was occasionally a ball, which was not 
regarded by the leading Protestant citizens as the 
most unquestionable mode of cultivating social rela 
tions. The Canadian families loved dancing, and balls 
were not the more respectable for that reason; 8 but 
the dancers cared little for the absence of the elite. 
Taking them all in all, says Burnett, " I never saw 
so fine a population;" and other writers claimed that 
though lacking in polish the Oregon people were at 
this period morally and socially the equal of those of 
any frontier state. 81 From the peculiar conditions of 
an isolated colony like that of Oregon, early mar 
riages became the rule. Young men required homes, 
and young women were probably glad to escape from 
the overfilled hive of the parental roof to a domicile 
of their own. However that may have been, girls 
were married at any age from fourteen upward, and 
in some instances earlier; 82 while no widow, whether 

79 James Morris, in Camp Fire Orations, MS., 20, says that the first sing 
ing-school in the country was taught by a Mr Johnson, and that he went to 
it dressed in a suit of buckskin dyed black, which looked well, and did not 
stretch out over the knees like the uncolored skin. 

80 J/oss Pioneer Times, MS., 32. In Minto s Early Days, MS., and Mrs 
Minto s Female Pioneering, MS., there are many pictures of the social condi 
tion of the colony. The same in Camp Fire Orations, MS., a report by my 
stenographer, of short speeches made at an evening session of the pioneers at 
their annual meeting in 1878. All the speakers except Mrs Minto declared 
they had enjoyed emigrating and pioneering. She thought both very hard 
on females; though throughout all she conducted herself as one of the 
noblest among women. 

!1 Home Missionary, xx. 213-14. 

* 2 As a guide to descent in the pioneer families I here affix a list of the 
marriages published in the Spectator from the beginning of 1846 to the close 
of 1848. Though these could not have been all, it may be presumed that 
people of social standing would desire to publish this momentous event : 
1846 Feb. 25, Samuel Campbell to Miss Chellessa Chrisman; March 29, 
Henry Sewell to Miss Mary Ann Jones Gerish ; April 2, Stephen Staats to 
Miss Cordelia Forrest; April 12, Silas Haight to Mrs Rebecca Ann Spalding; 
May 4, Pierre Bonnin to Miss Louise Rondeau; May 10, Isaac Staats to Miss 
Orlena Maria Williams; May 10, Henry Marlin to Miss Emily Hipes; June 
4, David Hill to Mrs Lucinda Wilson ; June 14, J. W. Nesmith to Miss Caro 
line Goff; June 17, Alanson Hinman to Miss Martha Elizabeth Jones Gerish; 
June 28, Robert Newell to Miss Rebecca Newman ; July 2, Mitchel Whit- 
lock to Miss Malvina Engle ; July 4, William C. Dement to Miss Olivia 
Johnson ; J. B. Jackson to Miss Sarah Parker ; July 25, John G. Campbell 
to Miss Rothilda E. Buck; July 26, Joseph Watt to Miss Sarah Craft; Aug. 



CLIMATE AND TEMPERATURE. 39 

young or middle-aged, long remained unmarried. This 
mutual dependence of the sexes was favorable to the 
morals and the growth of the colony; and rich and 
poor alike had their houses well filled with children. 
But what of the diseases which made such havoc 
during the early missionary occupation? Strangely 
enough they had disappeared as the natives died or 
were removed to a distance from the white race. Not 
withstanding the crowded state of the settlers every 
winter after the arrival of another immigration, and 
notwithstanding insufficient food and clothing in many 
instances, there was little sickness and few deaths. 
Dr White, after six years of practice, pronounced the 
country to be ,the healthiest and the climate one of 
the most salubrious in the world. 83 As to the tem 
perature, it seems to have varied with the different 
seasons and years. Daniel Lee tells of plucking a 
strawberry-blossom on Christmas-day 1840, and the 

2, Sidney Smith to Miss Miranda Bayley; Aug. 16, Jehu Davis to Miss Mar- 
garette Jane Moreland; Sept. 1, H. H. Hyde to Miss Henrietta Holman; 
Oct. 26, Henry Buxton to Miss Rosannah Woolly; Nov. 19, William P. 
Dougherty to Miss Mary Jane Chambers ; Nov. 24, John P. Brooks to Miss 
Mary Ann Thomas. 1847^Jan. 21, W. H. Rees to Miss Amanda M. F. 
Hall; Jan. 25, Francis Topair to Miss Angelique Tontaine; Feb. 9, Peter H. 
Hatch to Miss S. C. Locey (Mrs Charlotte Sophia Hatch, who came to Oregon 
with her husband by sea in 1843, died June 30, 1846); April 18, Absalom F. 
Hedges to Miss Elizabeth Jane Barlow; April 21, Joseph B. Rogers to 
Miss Letitia Flett; Henry Knowland to Mrs Sarah Knowland; April 22, 
N. K. Sitton to Miss Priscilla A. Rogers; June 15, Jeremiah Rowland to Mrs 
Mary Ann Sappington ; July 8, John Minto to Miss Martha Ann Morrison ; 
Aug. 12, T. P. Powers to Mrs Mary M. Newton this was the Mrs Newton 
whoso husband was murdered by an Indian in the Umpqua Valley in 1846; 
Oct. 14, W. J. Herren to Miss Eveline Hall; Oct. 24, D. H. Good to Miss 
Mary E. Dunbar; Oct. 29, Owen M. Mills to Miss Priscilla Blair; Dec. 28, 
Charles Putnam to Miss Rozelle Applegate. 1848 Jan. 5, Caleb Rodgers 
to Miss Ma,ry Jane Courtney; Jan. 20, M. M. McCarver to Mrs Julia Ann 
Buckalew ; Jan. 27, George M. Baker to Miss Nancy Duncan ; Jan. 30, George 
Sigler to Miss Lovina Dunlap; Feb. 19, R. V. Short to Miss Mary Geer; 
March 18, Moses K. Kellogg to Mrs Elizabeth Sturges; April 16, John 
Jewett to Mrs Harriet Kimball Mrs Kimball was the widow of one of the 
victims of the Waiilatpu massacre ; May 4, John R. Jackson to Mrs Matilda 
N. Coonse ; May 22, John H. Bosworth to Miss Susan B. Looney ; June 28, 
Andrew Smith to Mrs Sarah Elizabeth Palmer; July 2, Edward N. White to 
Miss Catherine Jane Burkhart; July 28, William Meek to Miss Mary Luel- 
ling; Dec. 10, C. Davis to Miss Sarah Ann Johnson; Dec. 26, William Logan 
to Miss Issa Chrisman. The absence of any marriage notice for the 4 months 
from the last of July to the 10th of December may be accounted for by the 
rush of the unmarried men to the gold-mines about this time. 
83 Ten Years in Or., 220. 



40 CONDITION OF AFFAIRS, 

weather continued warm throughout the winter; but on 
the 12th of December 1842 the Columbia was frozen 
over, and the ice remained in the river at the Dalles 
till the middle of March, and the mercury was 6 below 
zero in that month, while in the Willamette Valley 
the cold was severe. On the other hand, in the winter 
of 1843 there was a heavy rainfall, and a disastrous 
freshet in the Willamette in February. The two 
succeeding winters were mild and rainy, 84 fruit form 
ing on the trees in April ; and again in the latter part 
of the winter of 1846-7 the Columbia was frozen 
over at Vancouver so that the officers of the Modeste 
played a curling match on the ice. The winter of 
1848-9 was also cold, with ice in the Columbia. The 
prevailing temperature was mild, however, when taken 
year by year, and the soil being generally warm, the 
vegetables and fruits raised by the first settlers sur 
prised them by their size and quality. 85 If any fault 
was to be found with the climate it was on the score 
of too many rainy or cloudy days; but when by com 
parison with the drier climate of California it was 
found to insure greater regularity of crops the farm 
ing community at least were satisfied. 86 The cattle- 
raisers had most reason to dread the peculiarities of 
the Oregon climate, which by its general mildness 
flattered them into neglecting to provide winter food 
for their stock, and when an occasional season of snow 
and ice came upon them they died by hundreds; but 
this was partly the fault of the improvident owner. 

The face of nature here was beautiful; pure air 
from -the ocean and the mountains ; loveliness in the 

84 Clyman s Note Book, MS., 82-98; Palmer s Journal, 119. 

85 A potato is spoken of which weighed 3J Ibs., and another 3^ Ibs. ; while 
turnips sometimes weighed from 10 to 30 Ibs. Blanchet raised one of 17f Ibs. 

66 The term web-foot had not yet been applied to the Oregonians. It 
became current in mining times, and is said to have originated in a sarcastic 
remark of a commercial traveller, who had spent the night in a farm-house on 
the marshy banks of the Long Tom, in what is now Lane County, that 
children should be provided with webbed feet in that country. We have 
thought of that, returned the mistress of the house, at the same time dis 
playing to the astonished visitor her baby s feet with webs between the toes. 
The story lost nothing in the telling, and Web-foot became the pseudonyme 
for Oregonian. 



THE COMMONWEALTH ESTABLISHED. 41 

valleys dignified by grandeur in the purple ranges 
which bordered them, overtopped here and there by 
snowy peaks whose nearly extinct craters occasionally 
threw out a puff of smoke or ashy flame, 87 to remind 
the beholder of the igneous building of the dark cliffs 
overhanging the great river. The whole country was 
remarkably free from poisonous reptiles and insects. 
Of all the serpent class the rattlesnake alone was 
armed with deadly fangs, and these were seldom seen 
except in certain localities in the western portion of 
Oregon. Even the house-fly was imported, 88 coming 
like many plants, and like the bee, in the beaten trail 
of white men. 

Such was the country rescued from savagism by 
this virtuous and intelligent people; and such their 
general condition with regard to improvement, trade, 
education, morals, contentment, and health, at the 
period when, after having achieved so much without 
aid from congress, that body took the colony under 
its wing and assumed direction of its affairs. 

87 Mount St Helen and Mount Baker were in a state of eruption in March 
1850, according to the Spectator of the 21st of that month. The same paper 
of Oct. 18, Ib49, records a startling explosion in the region of Mount Hood, 
when the waters of Silver Creek stopped running for 24 hours, and also the 
destruction of all the fish in the stream by poisonous gases. 

88 McClane says that when he came to Oregon there was not a fly of any 
kind, but fleas were plenty. First Wagon Train, MS., 14. W. H. Rector has 
said the same. Lewis and Clarke, and Parker, expiate upon the fleas about 
the Indian camps. 



CHAPTER II. 

EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

1848-1849. 

THE MAGIC POWER or GOLD A NEW OREGON ARRIVAL OF NEWELL 
SHARP TRAFFIC THE DISCOVERY ANNOUNCED THE STAMPEDE SOUTH 
WARD OVERLAND COMPANIES LASSEN S IMMIGRANTS HANCOCK S 
MANUSCRIPT CHARACTER OF THE OREGONIANS IN CALIFORNIA THEIR 
GENERAL SUCCESS REVOLUTIONS IN TRADE AND SOCIETY ARRIVAL OF 
VESSELS INCREASE IN THE PRICES OF PRODUCTS CHANGE OF CUR 
RENCY THE QUESTION OF A MINT PRIVATE COINAGE INFLUX OF 
FOREIGN SILVER EFFECT ON SOCIETY LEGISLATION IMMIGRATION. 

AND now begins Oregon s age of gold, quite a dif 
ferent affair from Oregon s golden age, which we must 
look for at a later epoch. The Oregon to which 
Lane was introduced as governor was not the same 
from which his companion Meek had hurried in pov 
erty and alarm one year before. Let us note the 
change, and the cause, before recording the progress 
of the new government. 

On the 31st of July 1848, the little schooner Hono 
lulu, Captain Newell, from San Francisco, arrived in 
the Columbia, and began to load not only with pro 
visions, but with shovels, picks, and pans, all that 
could be bought in the limited market. This created 
no surprise, as it was known that Americans were 
emigrating to California who would be in want of 
these things, and the captain of the schooner was 
looked upon as a sharp trader who knew how to turn 
an honest penny. When he had obtained everything 
to his purpose, he revealed the discovery made by 
Marshall in California, and told the story how Ore- 

(42) 



THE NEWS IN OREGON. 43 

gon men had opened to the world what appeared an 
inexhaustible store of golden treasure. 1 

The news was confirmed by the arrival August 9th 
of the brig Henry from San Francisco, and on the 
23d of the fur company s brig Mary Dare from the 
Hawaiian Islands, by the way of Victoria, with Chief 
Factor Douglas on board, who was not inclined to 
believe the reports. But in a few days more the 
tidings had travelled overland by letter, ex-Governor 
Boggs having written to some of his former Missouri 
friends in Oregon by certain men coming with horses 
to the Willamette Valley for provisions, that much 
gold was found on the American River. No one 
doubted longer; covetous desire quickly increased to a 
delirium of hope. The late Indian disturbances were 
forgotten; and from the ripening harvests the reap 
ers without compunctions turned away. Even their 
beloved land-claims were deserted; if a man did not 
go to California it was because he could not leave his 
family or business. Some prudent persons at first, 
seeing that provisions and lumber must greatly in 
crease in price, concluded to stay at home and reap 
the advantage without incurring the risk; but these 
\vere a small proportion of the able-bodied men of the 
colony. Far more went to the gold mines than had 
volunteered to fight the Cayuses; 2 farmers, mechanics, 
professional men, printers every class. Tools were 
dropped and work left unfinished in the shops. The 
farms were abandoned to women and boys. The two 
newspapers, the Oregon Spectator and Free Press, held 

1 J. W. Marshall was an immigrant to Oregon of 1844. He went to Cali 
fornia in 1846, and was employed by Sutter. In 1847 he was followed by 
Charles Bennett and Stephen Staats, all of whom were at Sutter s mill when 
the discovery of gold was made. Brown s Will. Vol., MS., 7; Parsons Life of 
Marshall, 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. Recollections, 
MS., i. 325. About two thousand persons, says the California Star and 
Californian, Dec. 9, 1848. Only five old men were left at Salem. Brown s 
WtlL Vol., MS., 9. Anderson, in his Northwest Coast, MS., 37, speaks of 
the great exodus. Compare Crawford s JVar., MS., 166, and Victor s River of 
the West, 483-5. Barnes, Or. and Cal., MS., 8, says he found at Oregon City 
only a few women and children and some Indians. 



44 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

out, the one till December, the other until the spring 
of 1849, when they were left without compositors 
and suspended. 3 No one thought of the outcome. 
It was not then known in Oregon that a treaty had 
been signed by the United States and Mexico, but it 
was believed that such would be the result of the 
war; hence the gold-fields of California were already 
regarded as the property of Americans. Men of 
family expected to return; single men thought little 
about it. To go, and at once, was the chief idea. 4 
Many who had not the means were fitted out by 
others who took a share in the venture; and quite dif 
ferent from those who took like risks at the east, the 
trusts imposed in the men of Oregon were as a rule 
faithfully carried out. 5 

Pack-trains were first employed by the Oregon gold- 
seekers; then in September a wagon company was 
organized. A hundred and fifty robust, sober, and 
energetic men were soon ready for the enterprise. 
The train consisted of fifty wagons loaded with mining 
implements and provisions for the winter. Even 
planks for constructing gold-rockers were carried in 
the bottom of some of the wagons. The teams were 
strong oxen; the riding horses of the hardy native 
Cay use stock, late worth but ten dollars, now bringing 
thirty, and the men were armed. Burnett was elected 
captain and Thomas McKay pilot. 6 They went to 
Klamath Lake by the Applegate route, and then 
turned south-east intending to get into the California 
emigrant road before it crossed the Sierra. After 
travelling several days over an elevated region, not 
well watered nor furnishing good grass, to their surprise 

3 The Spectator from February to October. I do not think the Free Press 
was revived after its stoppage, though it ran long enough to print Lane s 
proclamation. The Oregon American had expired in the autumn of 1848. 

4 Atkinson, in the Home Missionary, 22, 64; Bristow s Rencounters, MS., 
2-9; Ryan s Judges and Criminals, 79. 

5 There was the usual doggerel perpetrated here as elsewhere at the time. 
See Brown s Or. MisceL, MS., 47. 

6 Host* Nar. y MS., 11; Loveioy s Portland, MS., 26; Johnson s Cal and 
Or., 185-6. 



THE EXODUS. 45 

they came into a newly opened wagon-road, which 
proved to be that which Peter Lassen of California 
had that season persuaded a small party immigrating 
into the Sacramento Valley to take, through a pass 
which would bring them near his rancho. 7 

The exodus thus begun continued as long as 
weather permitted, and until several thousand had 
left Oregon by land and sea. The second wagon com 
pany of twenty ox-teams and twenty-five men was 
from Puget Sound, and but a few days behind the 
first, 8 while the old fur-hunters trail west 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 after travelling westward for eight miles they came to a sheer wall of 
rock, constituting a mountain ridge, instead of to a view of the Sacramento 
Valley. On examination of the ground it was found that Lassen and his com 
pany had been deceived as well as they, and had marched back to within half 
a mile of the entrance to the valley before finding a way out of it. After 
exploring for some distance in advance the wagons were allowed to come on, 
and the summit of the sierra was reached the 20th of October. After passing 
this and entering the pine forest on the western slope, they overtook Lassen 
and a portion of his party, unable to proceed. He had at first but ten wagons 
in his company, and knew nothing more about the route than from a generally 
correct idea of the country he could conjecture. They proceeded without 
mishap until coming to the thick timber on the mountains ; and not having 
force enough to open the road, they w r ere compelled to convert their wagons 
into carts in order to make the short turns necessary in driving around fallen 
timber. Progress in this manner was slow. Half of the immigrants, now fear 
fully incensed against their leader, had abandoned their carts, and packing 
their goods 011 their starving oxen, deserted the other half, without knowing 
how they were to reach the settlements. When those behind were overtaken 
by the Oregonians they were in a miserable condition, not having had bread 
for a month. Their wants were supplied, and they were assured that the road 
should be opened for them, which was done. Sixty or eighty men went to 
the front with axes, and the way was cleared for the wagons. When the for 
est was passed, there M ere yet other difficulties which Lassen s small and 
exhausted company co^ld never have removed. A tragedy like that of Don- 
ner Lake was averted by these gold-seekers, who arrived in the Sacramento 
Valley about the 1st of November. Burnett s Recollections, MS., i. 328-366; 
Lovejny * Portland, MS., 27; Barnes 1 Or. and CaL, MS., 11-12; Palmer s 
War/on Trains, MS., 43. 

8 JIancock s Thirteen Years Residence on the Northwest Coast, a thick 
manuscript volume containing an account of the immgration of 1845, the 
settlement of the Puget Sound country by Americans, the journey to 
California of the gold-hunters, and a long list of personal adventures with 
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 Wind bey Island, by Major Sewell. See Morse s Notes of the History 
and Resources of Washington Ter., ii. 19-30. It would seem from Hancock s 
MS. that the Puget Sound Company, like the Willamette people, overtook 
and assisted a party of immigrants who had been forsaken by that pilot in 
the Sierra Nevada, and brought them through to the Sacramento Valley. 



46 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

sierra swarmed with pack-trains 9 all the autumn. 
Their first resort was Yuba River; but in the spring 
of 1849 the forks of the American became their prin 
cipal field of operations, the town of Placerville, first 
called Hangtown, being founded by them. They 
were not confined to any localities, however, and made 
many discoveries, being for the first winter only more 
numerous in certain places than other miners; and as 
they were accustomed to camp-life, Indian-fighting, 
and self-defence generally, they obtained the reputa 
tion of being clannish and aggressive. If one of them 
was killed or robbed, the others felt bound to avenge 
the injury, and the rifle or the rope soon settled 
the account. Looking upon them as interlopers, the 
Californians naturally resented these decided meas 
ures. But as the Oregonians were honest, sober, and 
industrious, and could be accused of nothing worse 
than being ill-dressed and unkempt and of knowing 
how to protect themselves, the Californians mani 
fested their prejudice by applying to them the title 
Lop-ears, which led to the retaliatory appellation 
of Tar-heads/ which elegant terms long remained in 
use. 10 

It was a huge joke, gold-mining and all, including 
even life and death. But as to rivalries they signi 
fied nothing. Most of the Oregon and Washington 
adventurers who did not lose their life were success 
ful; opportunity was assuredly greater then in the 

This may have been the other division of Lassen s company, though Hancock 
says there were 25 wagons, which does not agree with Burnett. 

9 One of the first companies with pack-animals was under John E. Ross, 
an immigrant of 1847, and a lieutenant in the Cayuse war, of whom I shall 
have more to say hereafter. Ross states that Levi Scott had already settled 
in the Urnpqua Valley, and was then the only American south of the Cala- 
pooya Mountains. From Scott s to the first house in California, Reading s, 
was 14 days travel. See J?oss Nar. , MS. , passim. 

10 7?oss Nar., MS., 15; Crawford s Nar., MS., 194, 204. The American 
pioneers of California, looking for the origin of the word Oregon in a Spanish 
phrase signifying long-ears, as I have explained in vol. i. Hist. Or. , hit upon 
this delectable sobriquet for the settlers of that country. With equal justice, 
admitting this theory to be correct, which it is not, the Oregonians called 
them tar-heads, because the northern California Indians were observed to 
cover their heads with tar as a sign of mourning. 



OREGONIANS IN THE MINES. 47 

Sierra Foothills than in the Valley Willamette. Still 
they were not hard to satisfy ; and they began to re 
turn early in the spring of 1849, when every vessel 
that entered the Columbia was crowded with home- 
lovinpf Oregonians. 11 A few went into business in 

o o 

California. The success of those that returned stimu 
lated others to go who at first had not been able. 12 

11 Among those who went to California in 1848-9 are the following: 
Robert Henderson, James McBride, William Carpenter, Joel Palmer, A. L. 
Lovejoy, F. W. Pettygrove, Barton Lee, W. W. Bristow, W. L. Adams, 
Christopher Taylor, John E. Ross, P. B. Cornwall, Walter Monteith, Horace 
Burnett, P. H. Burnett, John P. Rogers, A. A. Skinner, M. M. McCarver, 
Frederick Ramsey, William Dement, Peter Crawford, Henry Williamson, 
Thomas McKay, William Fellows, S. C. Reeves, James Porter, I. W. Alder 
man, William Moulton, Aaron Stanton, J. R. Robb, Aaron Payne, J. Math- 
eney, George Gay, Samuel Hancock, Robert Alexander, Niniwon Evermau, 
John Byrd, Elisha Byrd, William Byrd, Sr, William Byrd, Jr, T. R. Hill, 
Ira Parcel-son, William Patterson, Stephen Bonser, Saul Richards, W. H. 
Gray, Stephen Staats, J. W. Nesmith, J. S. Snooks, W. D. Canfield, Alanson 
Husted, John M. Shively, Edmund Sylvester, James O Neal, Benjamin 
W^ood, William Whitney, W. P. Dougherty, Allen McLeod, John Edmonds, 
Charles Adams, John Inyard, Miriam Poe, Joseph Williams, Hilt. Bouser, 
William Shaw, Thomas Carter, Jefferson Carter, Ralph Wilcox, Benjamin 
Burch, William H. Rector, Hamilton Campbell, Robert Newell, John E. 
Bradley, J. Curtis, H. Brown, Jeremiah McKay, Priest, Turney, Leonard, 
Shurtzer, Loomis, Samuel Cozine, Columbia Lancaster Pool, English, Thomp 
son, Johnson, Robinson, and others. 

12 P. W. Crawford gives the following account of his efforts to raise the 
means to go to California: He was an immigrant of 1847, and had not yet 
acquired property that could be converted into money. Being a surveyor he 
spent most of his time in laying out town sites and claims, for which he re 
ceived lots in payment, and in some cases wheat, and often nothing. He 
had a claim on the Cowlitz which he managed to get planted in potatoes. 
Owning a little skiff called the E. West, he traded it to Geer for a hundred 
seedling apple-trees, but not being able to return to his claim, he planted 
them on the land of Wilson Blain, opposite Oregon City. Having considerable, 
wheat at McLoughlin s mill he had a portion of it ground, and sold the flour 
for cash. He gave some \vheat to newly arrived emigrants, and traded the 
rest for a fat ox, which he sold to a butcher at Oregon City for twenty-five 
dollars cash. Winter coming on he assisted his friend Reed in the pioneer 
bakery of Portland. In February he traded a Durham bull which he pur 
chased of an Indian at Fort Laramie and drove to Oregon, for a good sailing 
boat, with which he took a load of hoop-poles down the Columbia to Hunt s 
mill, where salmon barrels were made, and brought back some passengers, 
and a few goods for Capt. Crosby, having a rough hard time working his way 
through the floating ice. On getting back to Portland, Crawford and Will 
iams, the former mate of the Starllny, engaged of the supercargo Gray, at 
sixty dollars each, steerage passage on the Undine then lying at Hunt s mill. 
The next thing was to get supplies and tools, such as were needed to go to 
the mines. For these it was necessary to make a visit to Vancouver, which 
could nob be done in a boat, as the river was still full of ice, above the mouth 
of the Williamette. He succeeded in crossing the Columbia opposite the 
head of Sauve" Island, and walked from the landing to Vancouver, a distance 
of about six miles. This business accomplished, he rejoined his companion 
iu the boat, and set out for Hunt s mill, still endangered by floating ice, but 



48 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

There was a complete revolution in trade, as re 
markable as it was unlocked for two years before, 
when the farmers were trying to form a cooperative 
ship-building association to carry the products of their 
farms to a market where cash could be obtained for 
wheat. No need longer to complain of the absence of 
vessels, or the terrible bar of the Columbia. I have 
mentioned in the preceding chapter that the Henry 
and the Toulon were the only two American vessels 
trading regularly to the Columbia Kiver in the spring 
of 1848. Hitherto only an occasional vessel from Cal 
ifornia had entered the river for lumber and flour; 
but now they came in fleets, taking besides these ar 
ticles vegetables, butter, eggs, and other products 
needed by the thousands arriving at the mines, 
the traffic at first yielding enormous profits. Instead 
of from three to eight arrivals and departures in a 
year, there were more than fifty in 1849, of which 
twenty were in the river in October awaiting car 
goes at one time. 13 They were from sixty to six or 
or seven hundred tons burden, and three of them 
were built in Oregon. 14 Whether it was due to their 

arriving in time to take passage. Such were the common incidents of life in 
Oregon before the gold products of the California mines came into circulation. 
Narrative, MS., 179-187. 

13 About the last of December 1848 the Spanish bark Jdven Guipuzcoana, 
S. C. Reeves captain, arrived from San Francisco to load with Oregon pro 
ductions for the California markets. She was fastened in the ice a few miles 
below the mouth of the Willamette until February, and did not get out of 
the river until about the middle of March. Crawford s Nar., MS., 173-91. 
The brig Maleck Adhd, Hall master, left the river with a cargo Feb. 7, 1849. 
Following are some of the other arrivals of the year: January 5th, schr. 
Starling, Captain Menzies; 7th, bk. Anita, Hall; brig Undine, Brum; May 
8th, bks. Anita, Hall; Janet, Dring; ship Mercedes; schrs. Milwaukie; V<d- 
dova; 28th, bk. J. W. Carter; brig Mary and Ellen; June 16th, schr. Pio 
neer; bk. Undine; 2Gd, bk. Columbia; brigs Henri/, Sacramento, El Placer; 
July 2d, ship Walpole; 10th, brigs Belfast, ISEtoile du Matin; ship Silvie de 
Grasse; schr. 0. C. Raymond; brig Quito; 28th, ship Huntress; bk. Louisi 
ana; schr. Gen. Lane; Aug. 7th, bk. Carib; llth, bks. Harpooner, Madonna; 
ship Aurora; brig Forrest; bks. Ocean Bird, Diamond, Helen M. Leidler; 
Oct. 17th, brigs Quito, Hawkes; 0. C. Raymond, Menzies; Josephine, Melton; 
Jno. Petit; Mary and Ellen, Gier; bks. Toidon, Hoyt; Azim, McKenzie; 
22d, brig Sarah McFarland, Brooks; 24th, brig Wolcott, Kennedy; Nov. 
12th, bk. Louisiana, Williams; brigs Mary Wilder; North Bend, Bartlett; 
13th, ship Huntress, Upton; 15th, bks. Diamond, Madonna; 25th, brig Sac 
ramento; bk. Seyuin, Norton; brig Due de Lornunes, Travillot. 

u The schooner Milwaukie, built at Milwaukie bj Lot Witcomb and Joseph 



OREGON SHIPPING. 49 

general light draft, or to an increased knowledge of 
the channels of the mouth of the river, few accidents 
occurred, and only one American vessel was wrecked 
at or near the entrance this year; 15 though two 
French ships were lost during the summer, one on 
the bar in attempting to enter by the south channel, 
then changed in its direction from the shifting of the 
sands, and the other, by carelessness, in the river 
between Astoria and Tongue Point. 16 

That all this sudden influx of shipping, where so 
little had ventured before, meant prosperity to Oregon 
tradesmen is unquestionable. Portland, which Petty- 
grove had turned his back upon with seventy- five 
thousand dollars, was now a thriving port, whose 

Kelly, was of planking put on diagonally in several thicknesses, with a few 
temporary sawed timbers and natural crooks, and was sold in San Francisco 
for $4,000. The General Lane was built at Oregon City by John McClellan, 
aided by McLoughlin, and ran to San Francisco. Her captain was Oil 
man, afterward a bar pilot at Astoria. She went directly to Sacramento with 
a cargo of lumber and farm products. The Pioneer was put together by a 
company at Astoria. Honolulu, Friend, Sept. 1, 1849. 

15 The brig Josephine was becalmed, whereupon her anchor was let down; 
but a gale blowing up in the night she was driven on the sand and dashed to 
pieces in the breakers. She was loaded with lumber from the Oregon City 
Mills, which was a total loss to the Island Milling Company. Or. Spectator, 
Jan. 10, 1850. 

16 This latter wreck was of the Silvie de Grasse which brought Thornton 
home from Boston. She was formerly a packet of 2,000 tons, built of live- 
oak, and running between New York and Havre. She loaded with lumber 
for San Francisco, but in descending the river ran upon a rock and split. 
Eighteen years afterward her figure-head and a part of her hull stood above 
the water. What was left was then sold to A. S. Mercer, the iron being still 
in good order, and the locust and oak knees and timbers perfectly sound. * 
Oregonian, in Puget Sound Gazette, April 15, 1867. The wreck on the bar was 
of L Etoile du Matin, before mentioned in connection with the return to 
Oregon of Archbishop Blanchet, and the arrival of the Catholic reenforce- 
ment in 1847. Returning to Oregon in 1849, the captain not 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 all lost in 
lowering, but after passing through great dangers the ship was worked into 
Baker Bay without a rudder, with a loosened keel and most of the pumps 
broken, aid having been rendered by Latta of the Hudson s Bay Company and 
some Indians. A box rudder was constructed, and the vessel taken to Port 
land, and landed where the warehouse of Allen and Lewis later stood. The 
cargo belonged to Francis Menes, who saved most of it, and who opened a 
store in Oregon City, where he resided four years, finally settling at St Louis 
on French Prairie. He died December 1867. The hull of the Morning Star 
was sold to Couch and Flanders, and by them to Charles Hutchins, and was 
burned for the iron and copper. Eugene La Forrest, in Portland Oregonian, 
March 28, 1868. 

HIST. OK., VOL. II. 1 



50 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

shore was lined with a fleet of barks, brigs, and ships, 
and where wharves and warehouses were in great 
demand. 17 In Oregon City the mills were kept busy 
making flour and lumber, 18 and new saw-mills were 

o 

erected on the Columbia. 1 

The farmers did not at first derive much benefit 
from the change in affairs, as labor was so high and 
scarce, and there was a partial loss of crops in conse 
quence. Furthermore their wheat was already in 
store with the merchants and millers at a fixed price, 
or contracted for to pay debts. They therefore could 
not demand the advanced price of wheat till the crop 
of 1849 was harvested, while the merchant -millers 
had almost a whole year in which to make flour out 
of wheat costing them not more than five eighths of 
a dollar a bushel in goods, and which they sold at ten 
and twelve dollars a barrel at the mills. If able to 
send it to San Francisco, they realized double that 
price. As with wheat so with other things, 20 the 
speculators had the best of it. 

17 Couch returned in August from the east, in the bark Madonna, with 
G-. A. Flanders as mate, in the service of the Shermans, shipping merchants 
of New York. They built a wharf and warehouse, and had soon laid the founda 
tion of a handsome fortune. Eugene La Forrest, in Portland Oregonian, Jan. 
29, 1870; Deady, in Trans. Or. Pioneer Assoc., 1876, 33-4. Nathaniel Crosby, 
also of Portland, was owner of the 0. C. Raymond, which carried on so profit 
able a trade that he could afford to pay the master $300 a month, the mate 
$200, and ordinary seamen $100. He had built himself a residence costing 
$5,000 before the gold discovery. Honolulu Friend, Oct. 15, 1849. 

18 McLoughlin s miller was James Bachan, a Scotchman. The island grist 
mill was in charge of Pcobert Pentland, an Englishman, miller for Abernethy. 
Crawford s Nar., MS. 

19 A mill was erected in 1848 on Milton Creek, which falls into Scappoose 
Bay, an inlet of the lower Willamette at its junction with the Columbia, where 
the town of Milton was subsequently laid off and had a brief existence. It 
was owned by T. H. Hemsaker, and built by Joseph Cunningham. It began 
running in 1849, and was subsequently sold to Captain N. Crosbey and Thomas 
W. Smith, who employed the bark Louisiana, Captain Williams, carrying 
lumber to San Francisco. Crawford s Nar., MS., 217. By the bark Diamond, 
which arrived from Boston in August, Hiram Clark supercargo, Abernethy 
received a lot of goods and took Clark as partner. Together they built a saw 
and planing mill on the Columbia at Oak Point, opposite the original Oak 
Point of the Winship brothers, a more convenient place for getting timber or 
loading vessels than Oregon City. The island mill at the latter place was 
rented to Walter Pomeroy, and subsequently sold, as I shall relate hereafter. 
Another mill was erected above and back of Tongue Point by Henry Marland 
in 1849. Id.; Honolulu Friend, Oct. 3, 1849. 

20 In the Spectator of Oct. 18, 1849, the price of beef on foot is given at 
6 and 8 cents; in market, 10 and 12 cents per pound; pork, 16 and 20 cents; 



MIND AND HABITS UNSETTLED. 51 

When the General Lane sailed from Oregon City 
with lumber and provisions, there were several tons 
of eggs on board which had been purchased at the 
market price, and which were sold by the captain at 
thirty cents a dozen to a passenger who obtained for 
them at Sacramento a dollar each. The lar^e increase 

Q 

of home productions, with the influx of gold by the 
return of fortunate miners, soon enabled the farmers 
to pay off their debts and improve their places, a labor 
upon which they entered with ardor in anticipation of 
the donation law. Some of those who could arrange 
their affairs, went a second time to California in 1849; 
among the new companies being one of several hun 
dred Canadians and half-breeds, under the charge of 
Father Delorme, few of whom ever returned alive, 
owing to one of those mysterious epidemics, developed 
under certain not well understood conditions, attack 
ing their camp. 21 

On the whole the effect of the California gold dis 
covery was to unsettle the minds of the people and 
change their habits. To the Hudson s Bay Company 
it was in some respects a damage, and in others a 
benefit. The fur-trade fell off, and this, together with 
the operation of the treaty of 1846, compelling them 
to pay duties on goods from English ports, soon 
effected the abandonment of their business in United 
States territory. For a time they had a profitable* 
trade in gold-dust, but when coined gold and American 
and Mexican money came into free circulation, there 
was an end of that speculation. 25 Every circumstance 
now conspired to drive British trade out of Oregon 

butter, 62 and 75 cents; cheese, 50 cents; flour, $14 per barrel; wheat, $1.50 
and $2 per bushel, and oats the same. Potatoes were worth $2.50 per bushel; 
apples, $10. These were the articles produced in the country, and these 
prices were good. On the other hand, groceries and dry goods, which were 
imported, cost less than formerly, because, while consumption was less, more 
cargoes were arriving. Iron and nails, glass and paint were still high, and 
cooking-stoves brought from $70 to $130. 

21 F. X. Matthieu, who was one of the company, says that out of 600 only 
150 remained alive, and that Delorme narrowly escaped. Refugee, MS., 15; 
Blanches Hist. Oath. Ch. in Or., 180. 

22 Roberts Recollections, MS., 81; Anderson s Northwest Coast, MS., 38. 



52 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

as fast as the country could get along independently 
of it; and inasmuch as the fur company had, through 
the dependence of the American community upon 
them, been enabled to make a fair profit on a large 
amount of goods, it was scarcely to be regretted that 
they should now be forced to give way, and retire to 
new territory where only fur companies properly be 
long. 

Among the events of 1849 which were directly 
due to the mining episode was the minting of about 
fifty thousand dollars at Oregon City, under an act 
of the colonial legislature passed at its last session, 
without license from the United States. The rea 
sons for this act, which were recited in the preamble, 
were that in use as currency was a large amount ^ of 
gold-dust which was mixed with base metals and im 
purities of other kinds, and that great irregularities 
in weighing existed, to the injury of the community. 
Two members only, Medorum Crawford and W. J. 
Martin, voted against the bill, and these entered on 
the records a formal protest on the ground that the 
measure was unconstitutional and inexpedient. 23 The 

2Z Grover s Or. Archives, 311, 315. The act was approved by the governor 
Feb. 16, 1849. According to its provisions the mint was to be established at 
Oregon City; its officers, elected annually by the house of representatives, 
were to give each $30,000 bonds, and draw a salary of $1,999 each perannum, to 
be paid out of proceeds of the institution. The director was empowered to 
pledge the faith of the territory for means to put the mint in operation ; and 
was required to publish in some newspaper in the territory a quarterly state 
ment, or by sending such a report to the county clerk of each county. The 
act provided for an assayer and melter and coiner, the latter being forbidden 
to use any alloys whatever. The weight of the pieces was to be rive penny 
weights and ten pennyweights respectively, no more and no less. The dies 
for stamping were required to have on one side the Roman figure five, for 
the pieces of five pennyweights, and the Roman figure ten, for the pieces of 
ten pennyweights, the reverse sides to be stamped with the words Oregon 
Territory, and the date of the year around the face, with the arms of Ore 
gon in the centre. What then constituted the arms of Oregon is a ques 
tion. Brown, Will. Valley, MS., 13, says that only parts of the impression 
remain in the Oregon archives, and that it has gone out of the memory of 
everybody, including Holderness, secretary of state in 1848. Thornton says 
that the auditor s seal of the provisional government consisted of a star in 
the centre of a figure so arranged as to represent a larger star, containing the 
letters Auditor O. T., and that it is still preserved in the Oregon archives. 
It dies, MS. , 6. But as the law plainly described the coins as having the arms 
of Oregon on the same side with the date and the name of the territory, then 
if the idea of the legislators was carried out, as it seems to have been, a beaver 



THE QUESTION OF COINAGE. 53 

reason for the passage of the act was, really, the low 
price of gold-dust, the merchants having the power 
to fix the rate of gold as well as of wheat, receiving 
it for goods at twelve dollars an ounce, the Hudson s 
Bay Company buying it at ten dollars and paying in 
coin procured for the purpose. 24 

The effect of the law was to prevent the circulation 
of gold-dust altogether, as it forbade weighing. No 
steps were taken toward building a mint, which would 
have been impossible had not the erection of a terri 
torial government intervened. But as there was 
henceforth considerable coin coming into the country 
to exchange at high prices for every available product, 
there was no serious lack of money. 25 On the con 
trary there was a disadvantage in the readiness with 
which silver was introduced from California, barrels 
of Mexican and Peruvian dollars being thrown upon 
the market, which had been sent to California to pay 
for gold-dust. The Hudson s Bay Company allowed 
only fifty cents for a Peruvian dollar, while the Amer 
ican merchants took them at one hundred cents. Some 
of the Oregon miners were shrewd enough to buy up 
Mexican silver dollars, and even less valuable coins, 
with gold-dust at sixteen dollars an ounce, and take 

must have been the design on the territorial seal, as it was on the coins. 
All disbursements of the mint, together with the pay of officers, must be made 
in the stamped pieces authorized by the act; and whatever remained of profits, 
after deducting expenses, was to be applied to pay the Cayuse war expenses. 
Penalties were provided for the punishment of any private person who should 
coin gold or attempt to pass unstamped gold. The officers appointed were 
James Taylor, director; Truman P. Powers, treasurer; W. H. Willson, 
melter and coiner, and G. L. Curry, assayer. Or. Spectator, Feb. 22, 1849. 

^Barnes* Or. and Gal., MS., 9; Buck s Enterprises, MS., 8; Brown s Will. 
Vol., MS., 14. This condition of the currency caused a petition to be drawn 
up and numerously signed, setting forth that in consequence of the neglect of 
the United States government the colonists must combine against the greed 
of the merchants in this matter. There w r as gold-dust in the territory, they 
declared, to the value of two millions of dollars, and more arriving. Besides 
the losses they were forced to bear by the depreciation of gold-dust, there 
was the inconvenience of handling it in its original state, and also the loss 
attending its frequent division. These objections to a gold-dust currency 
being likely to exist for some time, or as long as mining was followed, they 
prayed the legislature to pass a coinage act, which was done as I have said. 
Or. Archives, MS., 188. 

^Deadysffist. Or., MS. 



54 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

them to Oregon where dust could be readily obtained 
at twelve or fourteen dollars an ounce. 26 The gold 
coins in general circulation were Spanish doubloons, 
halves, and quarters. Such was the scarcity of con 
venient currency previous to this overplus that silver 
coin had been at a premium of ten per cent, 27 but fell 
rapidly to one per cent. 

The act of the legislature did not escape criticism. 25 
But before the law could be carried into effect Gov 
ernor Lane had issued his proclamation placing the 
territory under the government of the United States, 
and it became ineffectual, as well as illegal. The 
want, however, remaining the same, a partnership 
was formed called the Oregon Exchange Company, 
which proceeded to coin money after its own fashion, 
and on its own responsibility. The members were 
W. K. Kilborne, Theophilus Magruder, James Tay 
lor, George Abernethy, W. H. Willson, W. H. Rector, 
J. G. Campbell, and Noyes Smith. Rector " being the 
only member with any mechanical skill was depu 
tized to furnish the stamps and dies, which he did, 
using a small machine for turning iron. The engrav 
ing was done by Campbell. When all was in readi 
ness, Rector was employed as coiner, no assaying 
being done or attempt made to part the silver from 
the gold. Indeed, it was not then known in Oregon 
that there was any silver in the crude metal, and all 
the pieces of the same denomination were made of the 
same weight, though the color varied considerably. 
About thirty thousand dollars were made into five- 

6 W. H. Rector s Oregon Exchange Company, in Or. Archives, MS., 193. 

27 Jl/oss Pioneer Times, MS., 59. 

28 Some severe strictures were passed upon it by A. E. Wait, a lawyer, 
and at that time editor of the Spectator, who declared with emphasis that the 
people of Oregon desired no law which conflicted with the laws of the United 
States; but only asked for the temporary privilege under the provisional gov 
ernment of coining gold to meet the requirements of business for the present; 
r.nd that if this act was to be numbered among those which congress was 
asked to confirm, it was a direct insult to the United States. Wait may have 
been right as to the general sentiment of the people, or of the best and most 
patriotic men of the American party, but it is plain from the language of the 
memorial to the legislature that its framers were in a mood to defy the gov 
ernment which had so long appeared to be unmindful of them. 



BEAVER MONEY. 



55 



dollar pieces ; and not quite the same amount into ten- 
dollar coins. 2 This coinage raised the price of dust 
from twelve to sixteen dollars an ounce, and caused a 
great saving to the territory. Being thrown into cir 
culation, and quickly followed by an abundance of 
money from California, the intended check on the 
avarice of the merchants was effected. 30 The Oregon 
Exchange coinage went by the name beaver money, 
and was eventually all called in by the United States 
mint in San Francisco, a premium being paid upon it, 
as it was of greater value than the denominations on 
the coins indicated. 31 

I have said that the effect of the gold discovery 
was to change the habits of the people. Where all 

29 The ten -dollar pieces differed from the fives by having over the beaver 
only the letters K. M. T. K. C. S. underneath which were seven stars. Be- 





TEK DOLLARS. 





FIVE DOLLARS. 

neath the beaver was 0. T., 1849. On the reverse was Oregon Exchange 
Company around the margin, and 10 D. 20 G. Native Gold with Ten D. in 
the centre. Thornton s Or. Relics, MS., 5. 

30 Or. Archives, MS., 192-5; Buck s Enterprises, MS., 9-10. Rector says: 
I afterward learned that Kilborne took the rolling-mill to Umpqua. John 
G. Campbell had the dies the last I knew of them. He promised to destroy 
them; to which J. Henry Brown adds that they were placed in the custody 
of the secretary of state, together with a $10 piece, and that he had made 
several impressions of the dies in block tin. A set of these impressions was 
presented to me in 1878 by Mr Brown, and is in my collection. 

3J Or. Archives, MS., 191, 196. Other mention of the beaver money is 
made in Or. Pioneer Asso. Trans., 1875, 72, and Portland Oregonian, Dec. 8, 
1806. 



56 EFFECT OF. THE CALIFORNIA GOLD DISCOVERY. 

was economy and thrift before, there was now a ten 
dency to profligacy and waste. This was natural. 
They had suffered so long the oppression of a want 
that could not be relieved, and the restraint of desires 
that could not be gratified without money, that when 
money came, and with such ease, it was like a draught 
of brandy upon an empty stomach. There was in 
toxication, sometimes delirium. Such was especially 
the case with the Canadians, 32 some of whom brought 
home thirty or forty thousand dollars, but were unable 
to keep it. The same was true of others. The pleasure 
of spending, and of buying such articles of luxury 
as now began to find their way to Oregon from an 
overstocked California market, was too great to be 
resisted. If they could not keep their money, how 
ever, they put it into circulation, and so contributed 
to supply a want in the community, and enable those 
who could not go to the mines, through fear of losing 
their land claims, or other cause, to share in the golden 
harvest. 33 

It has been held by some that the discovery of 
gold at this time seriously retarded the progress of 
Oregon. 34 This was not the case in general, though 
it may have been so in particular instances. It 
took agriculturists temporarily from their farms and 
mechanics from their shops, thereby checking the 
steady if slow march of improvement. But it found 
a market for agricultural products, raising prices 
several hundred per cent, and enabled the farmer to 
get gold for his produce, instead of a poor class of 
goods at exorbitant prices. It checked for two or 
three years the progress of building. While mill- 
owners obtained enormous prices for their lumber, 
the wages of mechanics advanced from a dollar and a 
half a day to eight dollars, and the day laborer was 
able to demand and obtain four dollars per day 35 

!2 Anderson s Northwest Coast, MS., 37-9; Johnson s Col. and Or., 206-7. 
33 Sayward s Pioneer Remin., MS., 7. 

* Deady, in Overland Monthly, i. 36; Honolulu Friend, May 3, 1851. 
35 Brown s Autobiography, MS., 37; Stroivfs Hist. Or., MS., 15. 



WAGES AND DEBTS. 57 

where he had received but one. Men who before were 
almost hopelessly in debt were enabled to pay. By 
the amended currency law, all debts that had to be 
collected by law were payable in gold instead of 
wheat. Many persons were in debt, and their credit 
ors hesitated to sell their farms and thus ruin them; 
but all the same the dread of ruin hung over them, 
crushing their spirits. Six months in the gold mines 
changed all, and lifted the burden from their hearts. 
Another good effect was that it drew to the country 
a class, not agriculturists, nor mechanics, nor profes 
sional men, but projectors of various enterprises bene 
ficial to the public, and who in a short time built 
steamboats in place of sloops and flatboats, and estab 
lished inland transportation for passengers and goods, 
which gradually displaced the pack-train and the 
universal horseback travel. These new men enabled 
the United States government to carry out some of 
its proposed measures of relief in favor of the people 
of Oregon, in the matter of a mail service, to open 
trade with foreign ports, to establish telegraphic com 
munication with California, and eventually to introduce 
railroads. These were certainly no light benefits, and 
were in a measure the result of the gold discovery. 
Without it, though the country had continued to fill 
up with the same class of people who first settled 
it, several generations must have passed before so 
much could have been effected as was now quickly 
accomplished. Even with the aid of government the 
country must have progressed slowly, owing to its 
distance from business and progressional centres, and 
the expense of maintaining intercourse with the parent 
government. Moreover, during this period of slow 
growth the average condition of the people with re 
spect to intellectual progress would have retrograded. 
The adult population, having to labor for the support 
of families, and being deprived through distance and 
the want of money from keeping up their former 
intellectual pursuits, would have ceased to feel their 



58 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

former interest in learning and literature. Their chil 
dren, with but poor educational facilities and without 
the example, would have grown up with acquire 
ments inferior to those of their parents before emi 
grating. Reared in poor houses, without any of the 
elegancies of life, 36 and with but few of the ordinary 
conveniences, they would have missed the refining 
influences of healthy environment, and have fallen 
below the level of their time in regard to the higher 
enjoyments of living. The people being chiefly agri 
cultural and pastoral, from their isolation would have 
become fixed in their ideas and prejudices. As the 
means of living became plenty and little exertion was 
required, they would become attached to an easy, 
careless, unthinking mode of existence, with a ten 
dency even to resent innovations in their habits to 
which a higher degree of civilization might invite 
them. Such is the tendency of poverty and isolation, 
or of isolation and rude physical comforts, without 
some constant refining agency at hand. 

One of the immediate effects of the mining exodus 
of 1848 was the suspension of the legislature. 37 On 
the day appointed by law for the assembling of the 
legislative body only nine members were present, 
representing four counties; and this notwithstanding 
the governor had issued proclamations to fill vacan 
cies occurring through the resignation of members- 
elect. 38 Even after the sergeant-at-arrns had com 
pelled the appearance of four members from Chain- 

86 Strong s Hist. Or., MS., 21. 

37 The members elect of the legislature were : from Clackamas, A. L. Love- 
joy, G. L. Curry, J. L. Snook; Tualatin, Samuel R. Thurston, P. H. Bur 
nett, Ralph Wilcox; Champoeg, Albert Gains, Robert Newell, W. J. Bailey, 
William Porter; Yamhill, A. J. Hembree, L. A. Rice, William Martin; 
Polk, Harrison Linville, J. W. Nesmith, 0. Russell; Linn, Henry J. Peter 
son, Anderson Cox; Lewis, Levi L. Smith; Clatsop, A. H. Thompson; Van 
couver, Adolphus L. Lewis. Graver s Or. Archives, 258. 

38 The members elected to fill vacancies were Samuel Parker, in Cham 
poeg County; D. Hill, in Tualatin; A. F. Hedges and M. Crawford, iu Clack 
amas. Id., 260. Two other substitutes were elected Thomas J. Lovelady 
of Polk county, and A. M. Locke of Benton, neither of whom served. 



THE WHEELS OF LEGISLATION. 59 

poeg, Po]k, and Linn counties, there were still but 
thirteen out of twenty-three allowed by the appor 
tionment. After organizing by choosing Ralph Wil- 
cox speaker, "W. G. T Vault chief clerk, and William 
Holmes sergeant-at-arms and door-keeper, the house 
adjourned till the first Monday in February, to give 
time for special elections to fill the numerous vacan 
cies. 

The governor having again issued proclamations to 
the vacant districts to elect, on the 5th of February 
1849 there convened at Oregon City the last session 
of the provisional legislature of the Oregon colony. 
It consisted of eighteen members, namely: Jesse 
Applegate, W. J. Bailey, A. Cox, M. Crawford, G. 
L. Curry, A. F. Hedges, A. J. Hembree, David 
Hill, John Hudson, A. L. Lewis, W. J. Martin, S. 
Parker, H. J. Peterson, William Portius, L. A. Rice, 
S. R. Thurston, J. C. Avery, and Ralph Wilcox. 39 

Lewis County remained unrepresented, nor did 
Avery of Benton appear until brought with a war 
rant, an organization being effected with seventeen 
members. Wilcox declining to act as speaker, Levi 
A. Rice was chosen in his place, and sworn into office 
by S. M. Holderness, secretary of state. T Vault 
was reflected chief clerk; James Cluse enrolling clerk; 

39 Ralph Wilcox was born in Ontario county, New York, July 9, 1818. He 
graduated at Geneva medical college in that state, soon after which he re 
moved to Missouri, where on the llth of October 1845 he married, emigrat 
ing to Oregon the following year. In January 1847 he was appointed by 
Abernethy county judge of Tualatin vice W. Burris resigned, and the same 
year was elected to the legislature from the same county, and re-elected in 
1848. Besides being chosen speaker at this session, he was elected speaker of 
the lower house of the territorial legislature in 1850-1, and president of the 
council in 1853-4. During the years 1856-8 he was register of the U. S. 
land office at Oregon City, and was elected in the latter year county judge of 
Washington (formerly Tualatin) county, an office which he held till 1862, 
when he was again elected to the house of representatives for two years. In 
July 1865 he was appointed clerk of the U. S. district court for the district 
of Oregon, and U. S. commissioner for the same district, which office he con 
tinued to hold down to the time of his death, which occurred by suicide, 
April 18, 1877, having shot himself in a state of mental depression caused by 
paralysis. Notwithstanding his somewhat free living he had continued to 
enjoy the confidence of the public for thirty years. The Portland bar 

__ _ Od Q/~l J-T - 1 ___ 1 -~. A_ n.X~ .-* _^.^.^,1.-.X* A~-. H f~\su*f\j~*f^\\ i ^ \-t/\ * 14 ill Si i*/Y~i/Y* t Oft L\ T"VT*1 I rt~\ I Si It* 



60 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

Stephen H. L. Meek sergeant-at-arms, and Wilson 
Blain chaplain. 

Abernethy in his message to the legislature informed 
them that his proclamation had called them together 
for the purpose of transacting the business which 
should have been done at the regular session, relating 
chiefly to the adjustment of the expenses of the 
Cayuse war, which it was expected the United States 
government would assume; and also to act upon the 
amendments to the organic law concerning the oath 
of office, the prohibition of the sale and manufacture 
of ardent spirits, and to make the clerks of the sev 
eral counties recorders of land claims, which amend 
ments had been sanctioned by the vote of the people 
at the regular election. Information had been re 
ceived, he said, that the officers necessary to establish 
and carry on the territorial government, for which 
they had so long hoped, were on their way and would 
soon arrive; 40 and he plainly indicated that he expected 
the matters pointed out to be settled in a certain way, 
before the new government should be established, 
confirming the acts of the retiring organization. 43 

The laws passed relating to the Cayuse war were 
an act to provide for the pay of the commissioned offi- 

40 This information seems to have been brought to Oregon in January 
1849, by 0. C. Pratt, one of the associate judges, who happened to be in Cali 
fornia, whither he had gone in pursuit of health. His commission met him 
at Monterey about the last of Nov., and in Dec. he left for Oregon on the 
bark Undine which after a long voyage, and being carried into Shoalwater 
Bay, finally got into the Columbia in Jan. Salem Or. Statesman, Aug. 7, 1852j 
Or. Spectator, Jan. 25, 1849. 

41 He submitted the report of the adjutant-general, by which it appeared 
that the amount due to privates and non-commissioned officers was $109,- 
311.50, besides the pay of the officers and those persons employed in the 
different departments. He recommended that a law should be passed author 
izing scrip to be issued for that amount, redeemable at an early date, and 
bearing interest until paid. The belief that the general government would 
become responsible would, he said, make the scrip salable, and enable the 
holders to whom it should be issued to realize something immediately for 
their services. Grover s Or. Archives, 273. This was the beginning of specu 
lation in Oregon war scrip. As to the report of the commissary and quarter 
master-general, the governor left that for the legislature to examine into, and 
the accounts so far as presented in these departments amounted to something 
like $57,000, making the cost of the war without the salaries of the commis 
sioned officers over $106,000. This was subsequently much reduced by a 
commission, as I shall show in the proper place. 



ACTS PASSED. 61 

cers employed in the service of the territory during 
the hostilities, and an act regulating the issuing and 
redemption of scrip, 42 making it payable to the person 
to whom first issued, or bearer, the treasurer being 
authorized to exchange or redeem it whenever offered, 
with interest. Another act provided for the manner 
of exchange, and interest payments. An act was 
passed making a change in the oath of office, and 
making county clerks recorders of land claims, to 
which the governor refused his signature on the plea 
that the United States laws would provide for the 
manner of recording claims. On the other hand the 
legislature refused to amend the organic law by put 
ting in the word prohibit in place of regulate/ but 
passed an act making it necessary for every person 
applying for a license to sell or manufacture ardent 
spirits, to take an oath not to sell, barter, or give 
liquor to any Indian, fixing the penalty at one hundred 
dollars; and no distilleries were to be allowed beyond 
the limits of the white settlements. With this poor 
substitute for the entire interdiction he had so long 
desired, the governor was compelled to be so far sat 
isfied as to append his signature. 

Besides the act providing for weighing and stamp 
ing gold, of which I have spoken, little more was done 
than is here mentioned. Some contests took place 
between members over proposed enactments, and 
Jesse Applegate, 43 as customary with him, offered 

42 The first act mentioned here I have been unable to find. I quote the 
Or. Spectator, Feb. 22, 1849. In place of it I find in the Or. Laws, 1843-9, 
56-8, an act providing for the final settlement of claims against the Oregon 
government for and on account of the Cayuse war, by which a board of com 
missioners was appointed to settle and adjust those claims; said commission 
ers being Thomas Magruder, Samuel Burch, and Wesley Shannon, whose 
duty was to exhibit in detail a statement of all accounts, whether for money 
or property furnished the government, or for services rendered, either as a 
citizen, soldier, or officer of the army. This might be construed as an act 
to provide for the pay of commissioned officers. 

43 Ever since first passing through southern Oregon on his exploring expe 
dition, he had entertained a high opinion of the country; and he brought in 
a bill to charter an association called the Klamath Company, which was to 
have power to treat with the natives and purchase lands from them. Mr 
Hedges opposed the bill, and offered a resolution, that it was not in the 
power of the house to grant a charter to any individual, or company, for 



62 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

resolutions and protests ad arbitrium et proposition. 
Another man, Samuel R. Thurston, an emigrant of 
1847, displayed indications of a purpose to make his 
talents recognized. In the course of proceedings A. 
L. Lewis, of Vancouver county, offered a resolution 
that the superintendent of Indian affairs be required 
to report, 44 presently asking if there were an Indian 
superintendent in Oregon at all. 

The governor replied that H. A. G. Lee had re 
signed the superintendency because the compensation 
bore no proportion to the services required, and that 
since Lee s resignation he had performed the duties of 
superintendent, not being able to find any competent 
person who would accept the office. In a second com 
munication he reported on Indian affairs that the 
course pursued had been conciliatory, and that the 
Indians had seemingly become quiet, arid had ceased 
their clamor for pay for their lands, waiting for the 
United States to move in the matter; and the Cay use 
murderers had not been secured. V/ith regard to the 
confiscation of Indian lands, he returned for answer 

treating for wild lands in the territory, or for holding treaties with the Indian 
tribes for the purchase of lands, all of which was very apparent. But Mr 
Applegate introduced the counter resolution that if the doctrine in the reso 
lution last passed be true, then the powers of the Oregon government are un 
equal to the wants of the people, which was of course equally true, as it was 
only provisional. 

41 He wished to know, he said, whether the superintendent had upon his 
own or the authority of any other officer of the government confiscated to 
the use of the people of Oregon any Indian country, and if so, why ; if any 
grant or charter had been given by him to any citizen or citizens for the set 
tlement of any Indian country, and if so, by what authority; and whether he 
had enforced the law prohibiting the sale of liquor to Indians. A. Lee Lewis, 
says Applegate, a bright young man, the son of a chief factor, afterward 
superintendent of Indian affairs, was the first representative of Vancouver 
district. Views of Hist., MS., 45. Another British subject, who took a part 
in the provisional government, was Richard Lane, appointed by Abernethy 
county judge of Vancouver in 1847, vice Dugald McTavish resigned. Or. Spec 
tator, Jan. 21, 1847. Lane came to Oregon in 1837 as a clerk to the Hudson s 
Bay Company. He was a ripe scholar and a good lawyer. He lived for 
some time at Oregon City, and afterward at Olympia, holding varioiis offices, 
among others those of clerk of one branch of the territorial legislature of 
Washington, clerk of the supreme and district courts, county auditor, and 
clerk of the city corporation of Olympia. He died at The Dalles in the 
spring of 1877, from an overdose of morphine, apparently taken with sui 
cidal intent. He was then about sixty years of age. Dalles Mountaineer, 
in Seattle Pacific Tribune, March 2, 1877. 



IMMIGRATION. 63 

that lie believed Lee had invited the settlement of 
Americans in the Cay use country, but that he knew 
nothing of any charter having been granted to any 
one, and that he presumed the settlement would have 
been made by each person locating a claim of six 
hundred and forty acres. He reiterated the opinion 
expressed to Lee, when the superintendent sought 
his advice, that the Cayuses having been engaged in 
war with the Americans the appropriation of their 
lands was justifiable, and would be so regarded by the 
neighboring tribes. As to liquor being sold to the 
Indians, though he believed it was done, he had never 
yet been able to prove it in a single instance, and 
recommended admitting Indian testimony. 

The legislature adjourned February 16th, having 
put, so far as could be done, the provisional govern 
ment in order, to be confirmed by act of congress, 
even to passing an act providing for the payment of 
the several departments a necessary but hitherto 
much neglected duty of the organization 45 and also 
to the election of territorial officers for another term. 46 
These were never permitted to exercise official func 
tions, as but two weeks elapsed between the close of 
the session and the arrival of Lane with the new order 
of things. 

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

45 The salary of the governor was nominally $500, but really nothing, as 
the condition of the treasury was such as to make drafts upon it worthless 
except in a few cases. Abernethy did not receive his pay from the provisional 
government, and as the territorial act did not confirm the statutes passed by 
the several colonial legislatures, he had no redress. After Oregon had become 
a state, and when by a series of misfortunes he had lost nearly all his posses 
sions, after more than 20 years waiting Abernethy received his salary as 
governor of the Oregon colony by an appropriation of the Oregon legislature 
Oct. 187:1 The amount was $2,986.21, which congress was asked to make 
good to the state. 

46 A. L. Lovejoy was elected supreme judge in place of Columbia Lan 
caster, appointed by the governor in place of Thornton, who resigned in 1847. 
W. S. Mattock was chosen circuit judge; Samuel Parker, prosecuting attor 
ney; Theophilus Magnuler, secretary of the territory; W. K. Kiiborne, 
treasurer; John G. Campbell, auditor; W. H. Bennett, marshal, and A. Lee 
Lewis, superintendent of Indian affairs. Or. Spectator, Feb. 22, 1849. 



64 EFFECT OF THE CALIFORNIA GOLD DISCOVERY. 

the great attraction. The four or five hundred who 
were not dazzled with the visions of immediate 
wealth that beckoned southward the great army of 
gold-seekers, but who suffered with them the common 
discomforts of the way, were glad to part company 
at the place where their roads divided on the western 
slope of the Hocky Mountains. 

On the Oregon part of the road no particular dis 
couragement or distress befell the travellers until 
they reached The Dalles and began the passage of the 
mountains or the river. As no emigration had ever 
passed over the last ninety miles of their journey to 
the Willamette Valley without accident or loss, so 
these had their trials with floods and mountain de 
clivities/ 7 arriving, however, in good time, after having 
been detained in the mountains by forest fires which 
blocked the road with fallen timber. This was an 
other form of the inevitable hardship which year 
after year fell upon travellers in some shape on this 
part of their journey. The fires were an evidence 
that the rains came later than usual, and that the 
former trials from this source of discomfort were thus 
absent. 48 Such was the general absorption of the 
public mind in other affairs that the immigration re 
ceived little notice. 

Before gold was discovered it was land that drew 
men to the Pacific, land seen afar off through a rosy 
mist which made it seem many times more valuable 
and beautiful than the prolific valleys of the middle 
and western states. And now, even before the dona 
tion law had passed, the tide had turned, and gold was 
the magnet more potent than acres to attract. How 
far population was diverted from the north-west, and 
to what extent California contributed to the develop- 

47 Gen. Smith in his report to the secretary of war said that the roads to 
Oregon were made to come into it, but not to go out of it, referring to the steep 
descents of the western declivities of the Cascade Mountains. 

48 A long dry autumn in 1849 was followed by freshets in the Willamette 
Valley in Dec. and Jan., which carried off between $40,000 and $50,000 worth 
of property. Or. Spectator y Jan. 10, 1850. 



ABSENCE OF THE INFERNO. 65 

ment of the resources of Oregon, 49 the progress of this 
history will show. Then, perhaps, after all it will be 
seen that the distance of Oregon from the Sierra 
Foothills proved at this time the greatest of blessings, 
being near enough for commercial communication, and 
yet so far away as to escape the more evil conse 
quences attending the mad scramble for wealth, such 
as social dissolution, the rapine of intellect and prin 
ciple, an overruling spirit of gambling a delirium of 
development, attended by robbery, murder, and all 
uncleanness, and followed by reaction and death. 

49 When J. Q. Thornton was in Washington in 1848, he had made a seal 
for the territory, the design of which was appropriate. In the centre a shield, 
two compartments. Lower compartment, in the foreground a plough; in 
the distance, mountains. In the upper compartment, a ship under full sail. 
The crest a beaver; the sinister supporter an Indian with bow and arrow, 
and a mantle of skins over his shoulders; the dexter supporter an eagle 
with wings displayed; the motto alls volet propr/is I fly with my own wing. 
Field of the lower compartment argent; of the upper blue. This seal was 
presented to the governor and secretary in 1850, and by them adopted. By 
act of Jan. 1854, it was directed to be deposited, and recorded in the office 
of the secretary, to remain a public record; but so far as can be ascertained 
it was never done. Or. Gen. Laws, 1845-1864, p. 627. For fac-simile of seal 
see p. 487, this vol. 

HIST. OR., VOL. II. 6 



CHAPTER lit 

LANE S ADMINISTRATION. 
1849-1850. 

INDIAN AFFAIRS TROUBLES IN COWLITZ VALLEY FORT NISQUALLY AT- 
TACKED ARRIVAL OF THE UNITED STATES SHIP MASSACHUSETTS A 
MILITARY POST ESTABLISHED NEAR NISQUALLY THORNTON AS SUB- 
INDIAN AGENT MEETING OF THE LEGISLATIVE ASSEMBLY MEASURES 
ADOPTED JUDICIAL DISTRICTS A TRAVELLING COURT OF JUSTICE 
THE MOUNTED RIFLE REGIMENT ESTABLISHMENT OF MILITARY POSTS 
AT FORT HALL, VANCOUVER, STEILACOOM, AND THE DALLES THE VAN 
COUVER CLAIM GENERAL PERSIFER F. SMITH His DRUNKEN SOL 
DIERS THE DALLES CLAIM TRIAL AND EXECUTION OF THE WHITMAN 
MURDERERS. 

GOVERNOR LANE lost no time in starting the political 
wheels of the territory. First a census must be taken 
in order to make the proper apportionment before or 
dering an election; and this duty the marshal and his 
deputies quickly performed. 1 Meanwhile the governor 
applied himself to that branch of his office which made 
him superintendent of Indian affairs, the Indians 
themselves those that were left of them- -being 
prompt to remind him of the many years they had 
been living on promises, and the crumbs which were 
dropped from the tables of their white brothers. The 
result was more promises, more fair words, and further 
assurances of the intentions of the great chief of the 
Americans toward his naked and hungry red children. 
Nevertheless the superintendent did decide a case 

J The census returns showed a total of 8,785 Americans of all ages and 
both sexes and 298 foreigners. From this enumeration may be gathered 
some idea of the great exodus to the gold mines of both Americans and Brit 
ish subjects. Indians and Hawaiians were not enumerated. Honolulu Friend, 
Oct. 1849, 51. 

(66) 



PACIFICATIONS. 67 

against some white men of Linn City who had pos 
sessed themselves of the site of a native fishing village 
on the west bank of the Willamette near the falls, 
after maliciously setting fire to the wretched habita 
tions and consuming the poor stock of supplies 
contained therein. The Indians were restored to 
their original freehold, and quieted with a promise 
of indemnification, which, on the arrival of the first 
ten thousand dollar appropriation for the Indian ser 
vice in April, was redeemed by a few presents of small 
value, the money being required for other purposes, 
none having been forwarded for the use of the terri 
tory. 2 

In order to allay a growing feeling of uneasiness 
among the remoter settlements, occasioned by the 
insolent demeanor of the Kliketats, who frequently 
visited the Willamette and perpetrated minor offences, 
from demanding a prepared meal to stealing an ox or 
a horse, as the Molallas had done on previous occa 
sions, Lane visited the tribes near The Dalles and 
along the north side of the Columbia, including the 
Kliketats, all of whom at the sight of the new white 
chief professed unalterable friendship, thinking that 
now surely something besides words would be forth 
coming. A few trifling gifts were bestowed. 3 Pres 
ently a messenger arrived from Puget Sound with 
information of the killing of an American, Leander C. 
Wallace, of Cowlitz Valley, and the wounding of two 
others, by the Snoqualimichs. It was said that they 
had concocted a plan for capturing Fort Nisqually 
by fomenting a quarrel with a small and inoffensive 
tribe living near the fort, and whom they employed 
sometimes as herdsmen. They reckoned upon the com 
pany s interference, which was to furnish the oppor 
tunity. As they had expected, when they began the 

2 Honolulu Friend, Oct. 1849, 58; Lane s Rept. in 31st Cong., 3d Sess., 
H. Ex, Doc. 1, 156. 

3 Lane says the amount expended on presents was about $200; and that he 
made peace between the Walla Wallas and Yakimas who were about to gar 
to war. 



63 LANE S ADMINISTRATION. 

affray, the Indians attacked ran to the fort, and Tolmie, 
who was in charge, ordered the gates opened to give 
them refuge. At this moment, when the Srioquali- 
michs were making a dash to crowd into the fort on 
the pretence of following their enemies, Wallace, 
Charles Wren, and a Mr Lewis were riding toward 
it, having come from the Cowlitz to trade. On seeing 
their danger, they also made all haste to get inside, 
but were a moment too late, when, the gates being 
closed, the disappointed savages fired upon them, as I 
have said, besides killing one of the friendly Indians 
who did not gain the shelter of the fort. 4 Thibault, 
a Canadian, then began firing on the assailants from 
one of the bastions. The Indians finding they had 
failed retreated before the company could attack them 
in full force. There was no doubt that had the Sno- 
qualimichs succeeded in capturing the fort, they would 
have massacred every white person on the Sound. 
Finding that they had committed themselves, they 
sent word to the American settlers, numbering about 
a dozen families, that they were at liberty to go out 
of the country, leaving their property behind. But 
to this offer the settlers returned answ r er that they 
intended to stay, and if their property was threatened 
should fight. Instead of fleeing, they built block 
houses at Tumwater and Cowlitz prairie, to which 
they could retire in case of alarm, and sent a messen 
ger to the governor to inform him of their situation. 
There were then at Oregon City neither armies nor 
organized courts. Lieutenant Hawkins and five men 

4 This is according to the account of the affair given by several authorities. 
See Tolmie in the Feb. 3d issue of Truth Teller, a small sheet published at 
Fort Steilacoom in 1858; also in Hist. Puget Sound, MS., 33-5. A writer in 
the Olympia Standard of April 11, 1868, says that Wren had his back against 
the wall and was edging in, but was shut out by Walter Ross, the clerk, 
who with one of the Nisquallies was on guard. This writer also says that 
Patkanim, a chief of the Snoqualimichs, afterward famous in the Indian wars, 
was inside the fort talking with Tolmie, while the chief s brother shot at and 
killed Wallace. These statements, while not intentionally false, were colored 
by rumor, and by the prejudice against the fur company, which had its origin 
with the first settlers of the Puget Sound region, as it had had in the region 
south of the Columbia. See also Roberts Recollections, MS., 35; Rabbison s 
Growth of Towns, MS., 17. 



TROUBLES AT NISQUALLY. 69 

who had not deserted constituted the military force at 
Lane s command. Acting with characteristic prompt 
ness, he set out at once for Puget Sound, accompanied 
by these, taking with him a supply of arms and 
^ammunition, and leaving George L. Curry acting sec 
retary by his appointment, Pritchett not yet having 
arrived. At Tumwater he was overtaken by an ex 
press from Vancouver, notifying him of the arrival 
of the propeller Massachusetts, Captain Wood, from 
Boston, by way of Valparaiso and the Hawaiian 
Islands, having on board two companies of artillery 
under Brevet-Major Hathaway, who sent Lane word 
that if he so desired, a part of his force should be 
moved at once to the Sound. 5 

Lane returned to the Columbia, at the same time 
despatching a letter to Tolmie at Fort Nisqually, re 
questing him to inform the hostile Indians that should 
they commit any further outrages they would be vis 
ited with chastisement, for now he had fighting: men 

7 O O 

enough to destroy them ; also making a request that 
no ammunition should be furnished to the Indians. 6 
His plan, he informed the secretary of war after 
ward, was, in the event of a military post being 
established on the Sound, to secure the cooperation 
of Major Hathaway in arresting and punishing the 
Indians according to law for the murder of American 
citizens. 

On reaching Vancouver, about the middle of June, 
he found the Massachusetts ready to depart, 7 and 
Hathaway encamped in the rear of the Hudson s Bay 
Company s fort with one company of artillery, the 
other, under Captain B. H. Hill, having been left at 
Astoria, quartered in the buildings erected by the 

5 The transport Massachusetts entered the Columbia May 7th, by the sail 
ing directions of Captain Gelston, without difficulty. Honolulu Friend, Nov. 
1, 1849. This was the first government vessel to get safely into the river. 

6 Lane s Rept. to the Sec. War., in 31st Cong., Zd Sess., II. Ex. Doc. 1, 157. 

7 The Massachusetts went to Portland, where she was loaded with lumber 
for the use of the government in California in building army quarters at Beni- 
cia; the U. S. transport Anita was likewise employed. Inyall s Eeyt.^ in 31st 
Cong., 2d Sess., H. Ex. Doc. 1, 284. 



70 LANE S ADMINISTRATION. 

Shark s crew in 1846. 8 It was soon arranged between 
Hathaway and Lane that Hill s company should es 
tablish a post near Nisqually, when the Indians would 
be called upon to surrender the murderer of Wallace. 
The troops were removed from Astoria about the mid 
dle of July, proceeding by the English vessel Har- 
pooner to Nisqually. 

On the 13th of May the governor s proclamation 
was issued dividing the territory into judicial districts ; 
the first district, to which Bryant, who arrived on the 
9th of April, was assigned, consisting of Vancouver 
and several counties immediately south of the Colum 
bia; the second, consisting of the remaining counties 
in the Willamette Valley, to which Pratt was assigned ; 
and the third the county of Lewis, or all the country 
north of the Columbia and west of Vancouver county, 
including the Puget Sound territory, for which there 
was no judge then appointed. 9 The June election 
gave Oregon a bona fide delegate to congress, chosen 
by the people, of whom w r e shall know more presently. 

When the governor reached his capital he found 
that several commissions, which had been intended to 
overtake him at St Louis or Leavenworth, but which 
failed, had been forwarded by Lieutenant Beale to 
California, and thence to Oregon City. These related 
to the Indian department, appointing as sub-Indian 
agents J. Q. Thornton, George C. Preston, and 
Robert -Newell, 10 the Abernethy delegate being re 
warded at last with this unjudicial office by a relenting 
president. As Preston did not arrive with his com 
mission, the territory was divided into two districts, 

8 The whole force consisted of 161 rank and file. They were companies L 
and M of the 1st regiment of U. S. artillery, and officered as follows: Major 
J. S. Hathaway commanding; Captain B. H. Hill, commanding company M; 
1st lieut., J. B. Gibson, 1st lieut., T. Talbot, 2d lieut., G. Tallmadge, com 
pany M; 2d lieut., J. Dement, company L; 2d lieut., J. J. Woods, quarter 
master and commissary; 2d lieut., J. B. Fry, adjutant. Honolulu Polynesian, 
April 14, 1849. 

9 Evans, in Neio Tacoma Ledger, July 9, 1880. 
^American Almanac, 1850, 108-9; Or. Spectator, Oct. 4, 1849. 



TERRITORIAL LEGISLATURE. 71 

and Thornton assigned by the governor to the north 
of the Columbia, while Newell was given the country 
south of the river as his district. This arrangement 
sent Thornton to the disaffected region of Pus-et 

o o 

Sound. On the 30th of July he proceeded to Nis- 
qually, where he was absent for several weeks, ob 
taining the information which was embodied in the 
report of the superintendent, concerning the numbers 
and dispositions of the different tribes, furnished to 
him by Tolmie. 11 While on this mission, during 
which he visited some of the Indians and made them 
small presents, he conceived it his duty to offer a 
reward for the apprehension of the principal actors 
in the affair at Nisqually, nearly equal to the amount 
paid by Ogden for the ransom of all the captives 
after the Waiilatpu massacre, amounting to nearly 
five hundred dollars. This assumption of authority 
roused the ire of the governor, who probably ex 
pressed himself somewhat strongly, for Thornton re 
signed, and as Newell shortly after went to the gold 
mines the business of conciliating and punishing the 
Indians again devolved upon the governor. 



On the 16th of July the first territorial legislative 
assembly met at Oregon City. According to the act 
establishing the government, the legislature was 
organized with nine councilmen, of three classes, 
whose terms should expire with the first, second, and 
third years respectively; and eighteen members of 
the house of representatives, who should serve for one 
year; the law, however, providing for an increase in 
the number of representatives from time to time, in 
proportion to the number of qualified voters, until the 
maximum of thirty should be reached. 12 After the 

11 3 list Cong., 2d Sess., H. Ex. Doc. 1, 161. 

12 The names of the councilmen were: W. U. Buck, of Clackamas; Wilson 
Blain, of Tualatin; Samuel Parker and Wesley Shannon, of Champoeg; J. 
Graves, of Yamhill; W. B. Mealey, of Linn; Nathaniel Ford, of Polk; Norris 
Humphrey, of Ben ton; S. T. McKean, of Clatsop, Lewis, and Vancouver coun 
ties. The members of the house elected were: A. L. Lovejoy, W. D. Holman, 



72 LANE S ADMINISTRATION. 

usual congratulations Lane, in his message to the 
legislature, alluded briefly to the Cayuses, who, he 
promised, should be brought to justice as soon as the 
rifle regiment then on its way should arrive. Con 
gress would probably appropriate money to pay the 
debt, amounting to about one hundred and ninety 
thousand dollars. He also spoke of the Wallace 
affair, and said the murderers should be punished. 

His suggestions as to the wants of the territory 
were practical, and related to the advantages of good 
roads; to a judicious system of revenues; to the re 
vision of the loose and defective condition of the 
statute laws, declared by the organic act to be opera 
tive in the territory; 13 to education and common 
schools; to the organization of the militia; to election 
matters and providing for apportioning the repre 
sentation of counties and districts to the council and 
house of representatives, and defining the qualifica 
tion of voters, with other matters appertaining to 
government. He left the question of the seat of gov 
ernment to their choice, to decide whether it should 
be fixed by them or at some future session. He re 
ferred with pleasure to the return of many absentees 
from the mines, and hoped they would resume the 
cultivation of their farms, which from lying idle 
would give the country only a short crop, though 
there was still enough for home consumption. 14 He 

and G. Walling, of Clackamas; D. Hill and W. W. Eng, of Tualatin; W. 
W. Chapman, W. S. Matlock, and John Grim, of Champoeg; A. J. Hem- 
bree, R. Kinney, and J. B. Walling, of Yamhill; Jacob Conser and J. S. 
Dunlap, of Linn; H. N. V. Holmes and S. Burch, of Polk; J. Mulkey and 
G. B. Smith, of Benton; and M. T. Simmons from Clatsop, Lewis, and Van 
couver counties. Honolulu Friend, Nov. 1, 1849; American Almanac, 1849,312. 
The president of the council was Samuel Parker; the clerk, A. A. Robinson; 
sergeant-at-arms, C. Davis; door-keeper, S. Kinney; chaplain, David Leslie. 
Speaker of the house, A. L. Lovejoy; chief clerk, William Porter; assistant 
clerk, E. Gendis; sergeant-at-arms, William Holmes; door-keeper, D. D. Bai 
ley; chaplain, H. Johnson. Honolulu Friend, Nov. 1, 1849; Or. Spectator, Oct. 
18, 1849. 

13 Lane s remarks on the laws of the provisional government were more 
truthful than flattering, considering what a number had been simply adopted 
from the Iowa code. Message in Or. Spectator, Oct. 4, 1849; 31st Cong., 1st 
Sess., S. Doc. 52, xiii. 7-12; Tribune Almanac, 1850-51. 

14 Patent Office Kept., 1849, ii. 511-12. 



ACTS AND MEMORIAL. 73 

predicted that the great migration to California would 
benefit Oregon, as many of the gold-seekers would re 
main on the Pacific coast, and look for homes in the 
fertile and lovely valleys of the new territory. And 
last, but by no means least in importance, was the 
reference to the expected donation of land for which 
the people were waiting, and all the more anxiously 
that there was much doubt entertained of the tenure 
by which their claims were now held, since the only 
part of the old organic law repealed was that which 
granted a title to lands. 15 He advised them to call 
the attention of congress to this subject without 
delay. In short, if Lane had been a pioneer of 1843 
he could not have touched upon all the topics nearest 
the public heart more successfully. Hence his imme 
diate popularity w r as assured, and whatever he might 
propose was likely to receive respectful consideration. 
The territorial act allowed the first legislative as 
sembly one hundred days, at three dollars a day, in 
which to perform its work. A memorial to congress 
occupied it two weeks; still, the assembly closed its 
labors in seventy-six days, 16 having enacted what the 
Spectator described as a " fair and respectable code of 
laws," and adopted one hundred acts of the Iowa stat 
utes. The memorial set forth the loyalty of the peo 
ple, and the natural advantages of the country, not 
forgetting the oft-repeated request that congress, 
would grant six hundred and forty acres of land to 
each actual settler, including widows and orphans; 
and that the donations should be made to conform to 
the claims and improvements of the settlers; but if 
congress decided to have the lands surveyed, and to 
make grants by subdivisions, that the settler might be 
permitted to take his land in subdivisions as low as 
twenty acres, so as to include his improvements, with 
out regard to section or township lines. The govern- 

15 Or. Gen. Laws, 1843-9, 60. 

16 The final adjournment was on the 29th of September, a recess having 
been taken to attend to gathering the ripened wheat in August, there being 
no other hands to employ in this labor. JJeady s Hist. Or., MS., 3-5. 



74 LANE S ADMINISTRATION. 

ment was reminded that such a grant had been long 
expected; that, indeed, congress was responsible for 
the expectation, which had caused the removal to 
Oregon of so large a number of people at a great cost 
to themselves; that they were happy to have effected 
by such emigration the objects which the government 
had in view, and to have been prospectively the pro 
moters of the happiness of millions yet unborn, and 
that a section of land to each would no more than pay 
them for their trouble. The memorial asked payment 
for the cost of the Cayuse war, and also for an appro 
priation of ten thousand dollars to pay the debt of 
the late government, which, adopted as a necessity, 
and weak and inefficient as it had been, still sufficed to 
regulate society and promote the growth of whole 
some institutions. 17 A further appropriation of twenty 
thousand dollars was asked for the erection of public 
buildings at the seat of government suitable for the 
transaction of the public business, which was no more 
than had been appropriated to the other territories 
for the same purpose. A sum sufficient for the erec 
tion of a penitentiary was also wanted, and declared 
to be as much in the interest of the United States 
as of the territory of Oregon. 

With regard to the school lands, sections sixteen 
and thirty-six, which would fall upon the claims of 
some settlers, it was earnestly recommended that 
congress should pass a law authorizing the township 
authorities, if the settlers so disturbed should desire, 
to select other lands in their places. At the same 
time congress was reminded that under the distribu 
tion act, five hundred thousand acres of land were 
given to each new state on coming into the union; 
and the people of Oregon asked that the territory be 
allowed to select such lands immediately on the public 

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



JUDICIAL DISTRICTS. 75 

surveys being made, and also that a law be passed 
authorizing the appropriation of said lands to the 
support of the common schools. 

A military road from some point on the Columbia 
below the cascades to Puget Sound was asked for; 
also one from the sound to a point on the Columbia, 
near Walla Walla; 18 also one from The Dalles to the 
Willamette Valley; also that explorations be made 
for a road from Bear River to the Humboldt, crossing 
the Blue Mountains north of Klamath Lake, and 
entering the Willamette Valley near Mount Jefferson 
and the Santiam River. Other territorial and post 
roads were asked for, and an appropriation to make 
improvements at the falls of the Willamette. The 
usual official robbery under form of the extinguish 
ment of the Indian title, and their removal from the 
neighborhood of the white settlements, was unblush- 
ingly urged. The propriety of making letters to 
Oregon subject to the same postage as letters within 
the States was suggested. Attention was called to 
the difficulties between American citizens and the 
Puget Sound Agricultural Company with regard to 
the extent of the company s claim, which was a large 
tract of country enclosed within undefined and imagi 
nary lines. They denied the right of citizens of the 
United States to locate on said lands, while the people 
contended that the company had no right to any 
lands except such as they actually occupied at the 
time of the Oregon treaty of 1846. The government 
was requested to purchase the lands rightfully held 
by treaty in order to put an end to disputes. The 
memorial closed by coolly asking for a railroad and 
telegraph to the Pacific, though there were not people 
enough in all Oregon to make a good-sized country 
town. 19 

This document framed, the business of laying out 

18 Pierre C. Pambrun and Cornelius Rogers explored the Nisqually Pass as 
early as 1839, going from Fort Walla Walla to Fort Nisqually by that route. 
Or. Spectator, May 13, 1847. 

19 Oregon Archives, MS., 176-186; 31st Cong., %d Sess., Sen. Mis. Doc. J, 6. 



76 LANE S ADMINISTRATION. 

the judicial districts was attended to. Having first 
changed the names of several counties, 20 it was decreed 
that the first judicial district should consist of Clack- 
amas, Marion, and Linn; the second district of Ben- 
ton, Polk, Yamhill, and Washington; and the third of 
Clarke, Clatsop, and Lewis. The time for holding 
court was also fixed. 21 

While awating a donation law an act was passed 
declaring the late land law in force, and that any per 
son who had complied or should thereafter comply 
with its provisions should be deemed in possession to 
every part of the land within his recorded boundary, 
not exceeding six hundred and forty acres. But the 
same act provided that no foreigner should be en 
titled to the benefits of the law, who should not 
have, within six months thereafter, filed his declara 
tion of intention to become a citizen of the United 
States. 22 

The new land law amended the old to make it con 
form to the territorial act, declaring that none but 
white male citizens of the United States, over eigh 
teen years of age, should be entitled to take claims 
under the act revived. The privilege of holding 
claims during absence from the territory by paying 
five dollars annually was repealed ; but it was declared 
not necessary to reside upon the land, if the claimant 
continued to improve it, provided the claimant should 
not be absent more than six months. It was also de- 

20 The first territorial legislature changed the name of Champoeg county to 
Marion; of Tualatin to Washington, and of Vancouver to Clarke. Or. Spec 
tator, Oct. 18th. 

21 As there was yet no judge for the third judicial district, and the time 
for holding the court in Lewis county had been appointed for the second Mon 
day in May and November, Governor Lane prevailed upon the legislature to 
attach the county of Lewis to the first judicial district which was to hold 
its first session on the first Monday in September, and to appoint the first 
Monday in October for holding the district court at Steilacoom in the county 
of Lewis. This change was made in order to bring the trial of the Snoqua- 
limichs in a season of the year when it would be possible for the court to travel 
to Puget Sound. 

22 During the month of May several hundred foreigners were naturalized. 
Honolulu Friend, Oct. 1, 1849. There was a doubt in the mind of Judge 
Bryant whether Hawaiians could become naturalized, the law of congress being 
explicit as to negroes and Indians, but not mentioning Sandwich Islanders. 



SCHOOL LAW. 77 

clared that land claims should descend to heirs at law 
as personal property. 

An act was passed at this session which made it 
unlawful for any negro or mulatto to come into or 
reside in the territory; that masters of vessels bring 
ing them should be held responsible for their conduct, 
and they should not be permitted to leave the port 
where the vessel was lying except with the consent 
of the master of the vessel, who should cause them 
to depart with the vessel that brought them, or some 
other, within forty days after the time of their ar 
rival. Masters or owners of vessels failing to observe 
this law were made subject to fine not less than five 
hundred dollars, and imprisonment. If a negro or 
mulatto should be found in the territory, it became 
the duty of any judge to issue a warrant for his 
arrest, and cause his removal; and if the same negro 
or mulatto were twice found in the territory, he should 
be fined and imprisoned at the discretion of the court. 
This law, however, did not apply to the negroes already 
in the territory. The act was ordered published in the 
newspapers of California. 23 

The next most interesting action of the legislative 
assembly was the enactment of a school law, which 
provided for the establishment of a permanent irre 
ducible fund, the interest on which should be divided 
annually among the districts; but as the school lands 
could not be made immediately available, a tax of two 
mills was levied for the support of common schools in 
the interim. The act in its several chapters created 
the offices of school commissioner and directors for each 
county and defined their duties; also the duties of 
teachers. The eighth chapter relating to the powers 
of district meetings provided that until the counties 
were districted the people in any neighborhood, on 
ten days notice, given by any two legal voters, might 
call a meeting and organize a district; and the district 

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



78 LANE S ADMINISTRATION. 

meeting might impose an ad valorem tax on all taxa 
ble property in the district for the erection of school 
houses, and to defray the incidental expenses of the 
districts, and for the support of teachers. All chil 
dren between the ages of four and twenty-one years 
were entitled to the benefits of public education. 24 

It is unnecessary to the purposes of thjs history to 
follow the legislature of the first territorial assembly 
further. No money having been received 25 for the 
payment of the legislators or the printing of the laws, 
the legislators magnanimously waived their right to 
take the remaining thirty days allowed them, and thus 
left some work for the next assembly to do. 2( 

On the 21st of September the assembly was noti 
fied, by a special message from the governor, of the 
death of ex-President James K. Polk, the friend of 
Oregon, and the revered of the western democracy. 
As a personal friend of Lane, also, his death created a 
profound sensation. The legislature after draping 
both houses in mourning adjourned for a week. Pub 
lic obsequies were celebrated, and Lane delivered a 
highly eulogistic address. Perhaps the admirers of 
Polk s administration and political principles were all 
the more earnest to do him honor that his successor 

24 Says Buck in his Enterprises, MS., 11-12: They had to make the first 
beginning in schools in Oregon City, and got up the present school law at the 
first session in 1849. It was drawn mostly after the Ohio law, and subsequently 
amended. 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, Hiram Clark, G. H. Atkinson, 
Hezekiah Johnson, and Wilson Blain as trustees. 

25 Lane s Rapt, in 31st Cong. , 2d Scss. , H. Ex. Doc. , i. 

26 One of the members tells us something about the legislators: I have 
heard some people say that the first legislature was better than any one we 
have had since. I think it was as good. It was composed of more substan 
tial men than they have had in since; men who represented the people better. 
The second one was probably as good. The third one met in Salem. It is 
my impression they had deteriorated a little; but I would not like to say so, 
because I was in the first one. I know there were no such men in it as go v to 
the legislature now. Buck s Enterprises, MS., 11. The only difference among 
members was that each one was most partial to the state from which he had 
emigrated, and with the operations of which he was familiar. This difficulty 
proved a serious one, and retarded the progress of business throughout. Or, 
Spectator, Oct. 18, 1849. 



ACCOMMODATION COURT. 79 

in office was a whig, with whose appointments they 
were predetermined not to be pleased. The officers 
elected by the legislature were: A. A. Skinner, com 
missioner to settle the Cayuse war debt; Bernard 
Genoise, territorial auditor; James Taylor, treasurer; 
Wm. T. Matlock, librarian; James McBride, superin 
tendent of schools; C. M. Walker, prosecuting attor 
ney first judicial district; David Stone, prosecuting 
attorney second judicial district; Wilson Blain, public 
printer; A. L. Lovejoy and W. W. Buck, commission 
ers to let the printing of the laws and journals. Other 
offices being still vacant, an act was passed providing 
for a special election to be held in each of the several 
counties on the third Monday in October for the 
election of probate judges, clerks, sheriffs, assessors, 
treasurers, school commissioners, and justices of the 
peace. 

As by the territorial act the governor had no veto 
power, congress having reserved this right, there was 
nothing for him to do at Oregon City; and being 
accustomed of late to the stir and incident of military 
camps he longed for activity, and employed his time 
visiting the Indians on the coast, and sending couriers 
to the Cayuses, to endeavor to prevail upon them to 
give up the Waiilatpu murderers. 27 The legislative 
assembly having in the mean time passed a special 
act to enable him to bring to trial the Snoqualimichs, 
and Thornton s munificent offer of reward having 
prompted the avaricious savages to give up to Captain 
Hill at Steilacoom certain of their number to be dealt 
with according to the white man s law, Lane had the 
satisfaction of seeing, about the last of September, 
the first district court, marshal and jurymen, grand 
and petit, on the way to Puget Sound, 28 where the 

27 Lane s Autobiography, MS., 55; 31st Cong., 1st Sess., Sen. Doc. 47, viii. 
pt. iii. 112. 

28 There was a good deal of feeling on the part of the Hudson s Bay Com 
pany concerning Lane s course, though according to Tolmie s account, in 
Truth Teller, the Indians were committing hostilities against them as well aa 



80 LANE S ADMINISTRATION. 

American population was still so small that travelling 
courts were obliged to bring their own juries. 

Judge Bryant provided for the decent administra 
tion of justice by the appointment of A. A. Skinner, 
district attorney, for the prosecution, and David Stone 
for the defence. The whole company proceeded by 
canoes and horses to Steilacoom carrying with them 
their provisions and camping utensils. Several Indians 
had been arrested, but two only, Quallawort, brother of 
Patkanim, head chief of the Snoqualimichs, and Kas- 
sas, another Snoqualimich chief, were found guilty. 
On the day following their conviction they were 
hanged in the presence of the troops and many of 
their own and other tribes, Bryant expressing himself 
satisfied with the finding of the jury, and also with 
the opinion that the attacking party of Snoqualimichs 
had designed to take Fort Nisqually, in which attempt, 
had they succeeded, many lives would have been lost. 29 
The cost of this trial was $1,899.54, besides eighty 
blankets, the promised reward for the arrest and de 
livery of the guilty parties, which amounted to $480 
more. Many of the jurymen were obliged to travel 
two hundred miles, and the attorneys also, each of 
whom received two hundred and fifty dollars for his 
services. Notwithstanding this expensive lesson the 
same savages made away in some mysterious manner 
with one of the artillerymen from Fort Steilacoom the 
following winter. 30 

against the Americans. Roberts says that when Lane was returning from 
the Sound in June, he, Roberts, being at the Cowlitz farm, rode out to meet 
him, and answered his inquiries concerning the best way of preserving the 
peace of the country, then changing from the old regime to the new. I was 
astonished, says Roberts, to hear him remark "Damn them ! (the Indians) it 
would do my soul good to be after them." This would never have escaped 
the lips of Dr McLoughlin or Douglas. Recollections, MS., 15. There was 
always this rasping of the rude outspoken western sentiment on the feelings 
of the studiously trained Hudson s Bay Company. But an Indian to them 
was a different creature from the Indian toward whom the settlers were 
hostile. In the one case he was a means of making wealth; in the other of 
destroying property and life. Could the Hudson s Bay Company have changed 
places with the settlers they might have changed feelings too. 

29 Bryant s 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 Puget Sound, MS., 36. 



THE MOUNTED RIFLE REGIMENT. 81 

The arrest of the Cayuse murderers could not pro 
ceed until the arrival of the mounted rifle regiment 

<> 

then en route, under the command of Brevet-Colonel 
W. W. Loring. 81 This regiment which was provided 
expressly for service in Oregon and to garrison posts 
upon the emigrant road, by authority of a congressional 
act passed May 19, 1846, was not raised till the spring 
of 1847, and was then ordered to Mexico, although 
the secretary of war in his instructions to the gov 
ernor of Missouri, in which state the regiment was 
formed, had said that a part if not the whole of it 
would be employed in establishing posts on the route 
to Oregon. 32 Its numbers being greatly reduced dur 
ing the Mexican campaign, it was recruited at Fort 
Leavenworth, and at length set out upon its march to 
the Columbia in the spring of 1849. On the 10th of 
May the regiment left Fort Leavenworth with about 
600 men, thirty-one commissioned officers, several 
women and children, the usual train agents, guides, 
and teamsters, 160 wagons, 1,200 mules, 700 horses, 
and subsistence for the march to the Pacific. 83 

Two posts were established on the way, one at Fort 

1 The command was first given to Fre mont, who resigned. 

32 See letter of W. L. Marcy, secretary of war, in Or. Sjjectator, Nov. 11, 
1847. 

33 The officers were Bvt. Lieut. Col. A. Porter, Col. Benj. S. Roberts, Bvt. 
Major C. F. RufF, Major George B. Crittenden, Bvt. Major J. S. Simonson, . 
Bvt. Major S. S. Tucker, Bvt. Lieut. Col. J. B. Backenstos, Bvt. Major 
Kearney, Captains M. E. Vsru Buren, George McLane, Noah Newton, Llewellyn 
Jones, Bvt. Captain J. P. Hatch, R. Ajt., Bvt. Captains Thos. Claiborne Jr., 
Gordon Granger, James Stuart, and Thos. G. Rhett; 1st Lieuts Charles L. 
Denman, A. J. Lindsay, Julian May, F. S. K. Russell; 2d Lieuts D. M. Frost, 
R. Q. M., I. N. Palmer, J. McL. Addison, W. B. Lane, W. E. Jones, George 
W. Rowland, C. E. Ervine; surgeons I. Moses, Charles H. Smith, and W. F. 
Edgar. The following were persons travelling with the regiment in various 
capacities: George Gibbs, deputy collector at Astoria; Alden H. Steele, who 
settled in Oregon City, where he practised medicine 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 Mounted Rifle Regiment; W. Frost, Prew, Wilcox, Leach, 
Bishop, Kitchen, Dudley, and Raymond. Present also was J. D. Haines, a 
native of Xenia, Ohio, born in 1828. After a residence in Portland, and 
removal to Jacksonville, he was elected to the house of representatives from 
Jackson county in 1862, and from Baker county in 1876, and to the state sen 
ate in 1878. He married in 1871 and has several children. Salem Statesman, 
Nov. 15, 1878; U. S. Off. Reg., 1849, 160, 167. 

HIST. OK., VOL. II. 6 



82 LANE S ADMINISTRATION. 

Laramie, with two companies, under Colonel Benja 
min Roberts; and another at Cantonment Loring, 
three miles above Fort Hall, 34 on Snake River, with 
an equal number of men under Major Simonson, 
the command being transferred soon after to Colonel 
Porter. 35 The report made by the quartermaster is 
an account of discomforts from rains which lasted to 
the Rocky Mountains; of a great migration to the 
California gold mines 36 where large numbers died of 
cholera, which dread disease invaded the military 
camps also to some extent; of the almost entire worth- 
lessness of the teamsters and men engaged at Fort 
Leavenworth, who had no knowledge of their duties, 
and were anxious only to reach California; of the 
loss by death and desertion of seventy of the late re 
cruits to the regiment ; 37 and of the loss of property and 
life in no way different from the usual experience of 
the annual emigrations. 38 

It was designed to meet the rifle regiment at Fort 
Hall, with a supply train, under Lieutenant G. W. 
Hawkins who was ordered to that post, 39 but Hawkins 

34 Cantonment Loring was soon abandoned, being too far from a base of 
supplies, and forage being scarce in the neighborhood. Brackett a Cavalry, 
120-7; 31st Cong., 1st Sess., H. Ex. Doc. 5, pt. i. 182, 185-6, 188. 

33 tSteele says that Simonson was arrested for some dereliction of duty, and 
came to Vancouver in this situation; also that Major Crittenden was arrested 
on the way for drunkenness. Rifle Regiment, MS. , 2. 

36 Major Cross computed the overland emigration to the Pacific coast at 
35,000; 20,000 of whom travelled the route by the Platte with 50,000 cattle. 
31st Cong., 2d Sess., H. Ex. Doc. 1, 149. 

37 Or. Spectator, Oct. 18, 1849; Weed s Queen Charlotte Island Exped., 
MS., 4. 

38 On reaching The Dalles, the means of transportation to Vancouver was 
found to be 3 Mackinaw boats, 1 yawl, 4 canoes, and 1 whale-boat. A raft 
was constructed to carry 4 or 5 tons, and loaded with goods chiefly private, 
8 men being placed on board to manage the craft. They attempted to run 
the cascades and six of them were drowned. Or. Spectator, Oct. 18, 1849. A 
part of the command with wagons, teams, and riding horses crossed the Cas 
cade Mountains by the Mount Hood road, losing nearly two thirds of the 
broken-down horses on the way. The loss on the journey amounted to 45 
wagons, 1 ambulance, 30 horses, and 295 mules. 

39 Applegate a Views, MS., 49. There were fifteen freight wagons and a 
herd of beef cattle in the train. Gen. Joel Palmer acted as guide, the com 
pany taking the southern route. Palmer went to within a few days of Fort 
Hall, where another government train was encountered escorting the customs 
officer of California, Gen. Wilson and family, to Sacramento. The grass 
having been eaten along the Humboldt route by the cattle of the immigration, 



MILITARY POSTS. 83 

missed Loring s command, he having already left Fort 
Hall when Hawkins arrived. As the supplies were 
needed by the companies at the new post they were 
left there, in consequence of which those destined to 
Oregon were in want of certain articles, and many of 
the men were barefoot and unable to walk, as their 
horses were too weak to carry them when they ar 
rived at The Dalles. 

On reaching their destination, and finding no accom 
modations at Fort Vancouver, the regiment was quar 
tered in Oregon City, at a great expense, and to the 
disturbance of the peace and order of that moral and 
temperate community; the material from which com 
panies had been recruited being below the usual stan 
dard of enlisted men. 40 

The history of the establishment of the Oregon 
military posts is not without interest. Under orders 
to take command of the Pacific division, General Per- 
sifer F. Smith left Baltimore the 24th of November, 
and New Orleans on the 18th of December 1848, pro 
ceeding by the isthmus of Panama, and arriving on 
the 23d of February following at Monterey, where 
was Colonel Mason s head-quarters. Smith remained 
in California arranging the distribution of posts, and 
the affairs of the division generally. 

In May Captain Rufus Ingalls, assistant quarter 
master, was directed by Major H. D. Vinton, chief 

Palmer was engaged to conduct this company by the new route from Pit 
River, opened the previous autumn by the Oregon gold-seekers. At the 
crossing of a stream flowing from the Sierra, one of the party named Brown 
shot himself through the arm by accident, and the limb was amputated by 
two surgeons of an emigrant company. This incident detained Palmer iii the 
mountains several weeks at a cabin supposed to have been built by some of 
Lassen s party the year before. A son of Gen. Wilson and three men re 
mained with him until the snow and ice made it dangerous getting down to 
the Sacramento Valley, when Brown was left with his attendants and Palmer 
went home to Oregon by sea. The unlucky invalid, long familiarly known as 
one-armed Brown, has for many years resided in Oregon, and has been con 
nected with the Indian department and other branches of the public service. 
Palmer s Wagon Train, MS., 43-8. 

40 This is what Steele says, and also that one of them who deserted, named 
Riley, was hanged in San Francisco. Rifle Regiment, MS., 7. 



84 LANE S ADMINISTRATION. 

of the quartermaster s department of the Pacific divis 
ion, to proceed to Oregon and make preparations for 
the establishment of posts in that territory. Taking 
passage on the United States transport Anita, Cap 
tain Ingalls arrived at Vancouver soon after Hatha 
way landed the art ill ey men and stores at that place. 
The Anita was followed by the Walpole with two 
years supplies ; but the vessel having been chartered 
for Astoria only, and the stores landed at that place, 
a difficulty arose as to the means of removing them 
to Vancouver, the transfer being accomplished at 
great labor and expense in small river craft. When 
the quatermaster began to look about for material 
and men to construct barracks for the troops already 
in the territory and those expected overland in the 
autumn, he found himself at a loss. Mechanics and 
laboring men were not to be found in Oregon, and 
Captain Ingalls employed soldiers, paying them a 
dollar a day extra to prepare timber from the woods 
and raft lumber from the fur-company s mill to build 
quarters. But even with the assistance of Chief 
Factor Ogden in procuring for him Indian labor, and 
placing at his disposal horses, bateaux, and sloops, at 
moderate charges, he was able to make but slow 
progress. 41 Of the buildings occupied by the artillery 
two belonged to the fur company, having received 
alterations to adapt them to the purposes of bar 
racks and mess-rooms, while a few small tenements 
also owned by the company 42 were hired for offices 
and for servants of the quarter-master s department. 
It was undoubtedly believed at this time by both 

41 Vinton, in 31st Cong., 2d Sess., S. Doc. 1, pt. ii. 263. Congress passed 
in September 1850 an act appropriating $325,854 to meet the unexpected 
outlay occasioned by the rise in prices of labor and army subsistence in 
California and Oregon, as well as extra pay demanded by military officers. 
See 7. 8. Acts and Res., 1850, 122-3. 

42 In the testimony taken in the settlement of the Hudson s Bay Com 
pany s claims, page 186, U. S. Ev., H. B. Co. Claims, Gray deposed that the 
U. S. troops did not occupy the buildings of the company but remained in 
camp until they had erected buildings for their own use. This is a misstate- 
ment, as the reports of the quarter-masters Vinton and Ingalls show, in Slat, 
Cong., 2dSess., S. Doc. 1., pt. ii. 123, 285. 



VANCOUVER AND STEILACOOM. 85 

the Hudson s Bay Compay and the officers of the 
United States in Oregon, that the government would 
soon purchase the possessory right of the company, 
which was a reason, in addition to the eligibility of 
the situation, for beginning an establishment at Van 
couver. This view was entertained by both Vinton 43 
and Ogden. There being at that time no title to land 
in any part of the country except the possessory title 
of the fur company under the treaty of 1846, and the 
mission lands under the territorial act, Vancouver 
was in a safer condition, it might be thought, with 
regard to rights, than any other point; rights which 
Hathaway respected by leasing the company s lands 
for a military establishment, while the subject; of 
purchase by the United States government was in 
abeyance. And Ogden, by inviting him to take pos 
session of the lands claimed by the company, riot in 
closed, may have believed this the better manner of 
preventing the encroachments of squatters. At all 
events, matters proceeded amicably between Hatha 
way and Ogden during the residence of the former at 
Vancouver. 

The same state of tenancy existed at Fort Steila- 
coom where Captain Hill established himself August 

27th, on the claim of the Puget Sound Agricultural 
/~~i i 

Company, at a place formerly occupied by a farmer 

or herdsman of the company named Heath. 44 Tolmie 
pointed out this location, perhaps with the same views 
entertained by Ogden, being more willing to deal with 
the officers of the government than with squatters. 

On the 28th of September General Smith arrived 
in Oregon, accompanied by Vinton, with the purpose 
of examining the country with reference to the loca 
tion of military posts ; Theodore Talbot being ordered 
to examine the coast south of the Columbia, looking 

43 Vinton said in his report: It is peculiarly desirable that we should be 
come owners of their property at Fort Vancouver. 31st Conn., 2d Sess.. S. 
Doc. 1, pt. ii. 263. 

"Sylvester s Olympia, MS., 20; Morse s Notes on Hist, and Resources, 
Wash. Tcr., MS., i. 109; Olympia Wash. Standard, April 11, 1868. 



86 LANE S ADMINISTRATION. 

for harbors and suitable places for light-houses and 
defences. 45 The result of these examinations was the 
approval of the selections of Vancouver and Steila- 
coom. Of the "acquisition of the rights and prop 
erty reserved, and guaranteed by the terms of the 
treaty," Smith spoke with the utmost respect for the 
claims of the companies, saying they were specially 
confirmed by the treaty, and that the public interest de 
manded that the government should purchase them; 41 
a sentiment which the reader is aware was not in 
accord with the ideas of a large class in Oregon. 

It had been contemplated establishing a post on 
the upper Willamette for the protection of companies 
travelling to California, but the danger that every 
soldier would desert, if placed directly on the road to 
the gold mines, caused Smith to abandon that idea. 
He made arrangements, instead, for Hathaway s com 
mand to remove to Astoria as early in the spring as 
the men could work in the forest, cutting timber for 
the erection of the required buildings, and for station 
ing the riflemen at Vancouver and The Dalles, as well 
as recommending the abandonment of Fort Hall, or 
Cantonment Loring, owing to the climate and unpro 
ductive nature of the soil, and the fact that immi 
grants were taking a more southerly route than 
formerly. Smith seemed to have the welfare of the 
territory at heart, and recommended to the govern 
ment many things which the people desired, among 
others fortifications at the mouth of the Columbia, in 
preparation for which he marked off reservations at 
Cape Disappointment and Point Adams. He also 
suggested the survey of the Rogue, Umpqua, Alseya, 
Yaquina, and Siletz rivers, and Shoalwater Bay; and 
the erection of light-houses at Cape Disappointment, 
Cape Flattery, and Protection Island, representing 
that it was a military as well as commercial necessity, 



Cong., 1st Sess., S. Doc. 47, viii. 108-16; Rep. Com. Ind. Aff., 1865 , 
107-9. 

16 81st Cong. 1st Sess., S. Doc. 47, viii. 104. 



DESERTION OF TROOPS. 87 

the safety of troops and stores which must usually 
be transported by sea requiring these guides to navi 
gation. He recommended the survey of a railroad to 
the Pacific, or at least of a wagon-road, and that it 
should cross the Rocky Mountains about latitude 38, 
deflect to the Hurnboldt Valley, and follow that direc 
tion until it should send off a branch to Oregon by 
way of the Willamette Valley, and another by way of 
the Sacramento Valley to the bay of San Francisco. 47 

Before the plans of General Smith for the distribu 
tion of troops could be carried out, one hundred and 
twenty of the riflemen deserted in a body, with the 
intention of going to the mines in California. Gov 
ernor Lane immediately issued a proclamation for 
bidding the citizens to harbor or in any way assist the 
runaways, which caused much uneasiness, as it was 
said the people along their route were placed in a 
serious dilemma, for if they did not sell them provi 
sions they would be robbed, and if they did, they 
would be punished. The deserters, however, having 
organized with a full complement of officers, travelled 
faster than the proclamation, and conducted them 
selves in so discreet a manner as to escape suspicion, 
imposing themselves upon the farmers as a company 
sent out on an expedition by the government, getting 
beef cattle on credit, and receiving willing aid instead 
of having to resort to force. 48 

47 Before leaving California Smith had ordered an exploration of the coun 
try on the southern boundary of Oregon for a practicable emigrant and mili 
tary road, and also for a railroad pass about that latitude, detailing Captain 
W. H. Warner of the topographical engineers, with an escort of the second 
infantry under Lieutenant- Colonel Casey. They left Sacramento in August, 
and examined the country for several weeks to the east of the head-waters of 
the Sacramento, coming upon a pass in the Sierra Nevada with an elevation 
of not more than 38 feet to the mile. Warner explored the country east and 
north of Goose Lake, but in returning through the mountains by another 
route was killed by the Indians before completing his work. His name 
was given to a mountain range from this circumstance. Francis Bercier, the 
guide, and George Cave were also killed. Lieut. R. S. Williamson of the 
expedition made a report in favor of the Pit River route. See 31st Cong., 1st 
Sess., Sen. Doc. 2, 17-22, 47. 

Stele s Rifle Regiment, MS., 7; Brackett s U. S. Cavalry, 127; Or. Spec 
tator, May 2, 1850. 



88 LANE S ADMINISTRATION. 

But their success, like their organization, was of brief 
duration. Colonel Loring and the governor went in 
pursuit and overtook one division in the Umpqua 
V alley, whence Lane returned to Oregon City about 
the middle of April with seventy of them in charge. 
Loring pursued the remainder as far as the Klamath 
River, where thirty -five escaped by making a canoe 
and crossing that stream before they were overtaken. 
He returned two weeks after Lane, with only seven 
teen of the deserters, having suffered much hardship 
in the pursuit. He found the fugitives in a miserable 
plight, the snow on the Cascade Mountains being still 
deep, and their supplies entirely inadequate to such 
an expedition, for which reason some had already 
started on their return. Indeed, it was rumored that 
several of those not accounted for had already died 
of starvation. 49 How many lived ta reach the mines 
was never known. 

Great discontent prevailed among all the troops, 
many of whom had probably enlisted with no other 
intention than of deserting when they reached the 
Pacific coast. Several civil suits were brought by 
them in the district court attempting to prove that 
they had been enlisted under false promises, which 
were decided against them by Judge Pratt, vice Bry 
ant, who was absent from the territory when the suits 



came on. 50 



Later in the spring Hathaway removed his artillery 
company to Astoria, and went into encampment at 
Fort George, the place being no longer occupied by 
the fur company. A reserve was declared of certain 
lands covered by the improvements of settlers, among 
whom were Shively, McClure, Hensill, Ingalls, and 
Marlin, for which a price was agreed upon or allowed. 51 

* 9 Or. Spectator, April 18, 185(X 

50 See case of John Curtin vs. James S. Hathaway, Pratt, Justice, in Or. 
Spectator, April 18, 1850. 

51 Ingalls remarked concerning this purchase: I do not believe that any 
of them had the slightest right to a foot of the soil, consequently no right to 
have erected improvements there. Whether he meant to say that no one 



GOVERNMENT RESERVATIONS. 89 

Here the troops had a free and easy life, seeing 
much of the gold hunters as they went and came in 
the numerous vessels trading between San Fran 
cisco and the Columbia River, and much too of the 
most degraded population in Oregon, both Indian and 
white. A more ill-selected point for troops, even for 
artillery, could not have been hit upon, except in the 
event of an invasion by a foreign power, in which case 
they were still too far inside the capes to prevent the 
enemy s vessels from entering the river. They were 
so far from the real enemy dreaded by the people it 
was intended they should defend the interior tribes 
of Indians- -that much time and money would be 
required to bring them where they could be of service 
in case of an outbreak, and after two years the place 
was abandoned. 

The mounted riflemen, being transferred to Van 
couver, whither the citizens of the Willamette saw 
them depart with a deep sense of satisfaction, 52 cele 
brated their removal by burning their old quarters. 5 
At their new station they were employed in building 
barracks on the ground afterward adopted as a mili 
tary reservation by the government. 

The first reservation declared was that of Miller 
Island, lying in the Columbia 5 * about five miles above 
Vancouver. It contained about four square miles, and 
was used for haymaking and grazing purposes, in con 
nection with the post at that place. This reserve was 
made in February 1850. No reservation was declared 

had a- right to build houses in Oregon except military officers, or that the 
ground belonged to the Hudson s Bay Company, I am unable to determine 
from the record. See 3M Cong., 2d Sets., H. Ex, Doc. 1, i. pt. ii. 123. 

52 Says the Spectator, Nov. 1, 1849, the abounding drunkenness in our 
streets is something new under the sun, and suggests that the officers do 
something to abate the evil. But the officers were seldom sober themselves, 
Hathaway even attempting suicide while suffering from mania a potu. Id., 
April 18, 1850. 

53 Strong 1 a Hist. Or., MS., 3. 

54 Much trouble had been experienced in procuring grain for the horses of the 
mounted troops; only 6,000 bushels of oats being obtainable, and 100 tons of hay, 
owing to the neglect of farming this year. It was only by putting the sol 
diers to haymaking on the lowlands of the Columbia that the stock of the 
regiment was provided for; hence, no doubt, the reservation of Miller Island. 



90 LANE S ADMINISTRATION". 

at Vancouver till October 31st of that year, or until 
it was ascertained that the government was not pre 
pared to purchase without examining the claims of 
the Hudson s Bay Company. On the date mentioned 
Colonel Loring, in command of the department, pub 
lished a notice that a military reservation had been 
made for the government of four miles square, " com 
mencing where a meridian line two miles west from 
the flag-staff at the military post near Vancouver, O. 
T., strikes the north bank of the Columbia River, 
thence due north on said meridian four miles, thence 
due east four miles, thence south to the bank of the 
Columbia River, thence down said bank to the place 
of beginning." The notice declared that the reserve 
was made subject alone to the lawful claims of the 
Hudson s Bay Company, as guaranteed under the 
treaty of 1846, but promised payments for improve 
ments made by resident settlers within the described 
limits, a board of officers to appraise the property. 

This large reserve was, as I have before indicated, 
favorable to the British company s claims, as the only 
American squatter on the land was Amos M. Short, 
the history of whose settlement at Vancouver is given 
in the first volume of my History of Oregon. Short 
took no notice of the declaration of reserve, 56 think 
ing perhaps, and with a show of justice, that in this 
case he was trespassed upon, inasmuch as there was 
plenty of land for government reservations, which did 
not include improvements, or deprive a citizen of his 
choice of a home. He remained upon the land, con 
tinuing to improve it, until in 1853 the government 
restricted the military reservations to one mile square, 
which left him outside the limits of this one. 



65 Or. Spectator, Oct. 31, 1850; 32d Cong., 2d Sess., H. Ex. Doc. 1, pt. 
ii. 124. 

5G Short had shot and killed Dr D. Gardner, and a Hawaiian in his service, 
for trespass, in the spring of 1850. He was examined and acquitted, of all of 
which Colonel Loring must have been aware. Or. Spectator, April 18, 1850; 
Id., May 2, 1850. He was himself regarded as a trespasser by the fur com 
pany. U. S. Ev. Hudson s Bay Company Claims, 90. 



AT THE DALLES. 91 

The probate court of Clarke county made an appli 
cation for an injunction against Loring and Ingalls at 
the first term of the United States district court held 
at Vancouver, beginning the 29th of October 1850, to 
stop the further erection of buildings for military pur 
poses on land that was claimed as the county seat. 
The attorney for the United States denied that the 
legislative assembly had the power to give lands for 
county seats, did the territorial act permit it, or that 
the land could be taken before it was surveyed; and 
declared that the premises were reserved by order of 
the war department, which none might gainsay. 57 
The court sustained the opinion. At a later period a 
legal contest arose between the heirs of A. M. Short 
and the Catholic missionaries. The military reserva 
tion, however, of one mile square, remains to-day the 
same as in 1853. 

On the 13th of May Major Tucker left Vancouver 
with two companies of riflemen to establish a supply 
post at The Dalles. 53 The officers detached for that 
station were Captain Claiborne, Lieutenants Lindsay, 
May, and Ervine, and Surgeon C. H. Smith. A 
reservation of ten miles square was made at this 
place, and the troops employed in erecting suitable 
store-houses and garrison accommodations to make 
this the head-quarters for the Indian country in the 
event of hostilities. Both the Protestant and Cath 
olic missions were found to be abandoned, 52 though 
the claims of both were subsequently revived, which 
together with the claim of the county seat of Wasco 
county occasioned lengthy litigation. The military 
reservation became a fourth factor in an imbroglio out 
of which the Methodist missionary society, through 

57 The solicitor for the complanants in this case was W. W. Chapman; the 
attorney for the U. S., Amory Holbrook. The decision was rendered by 
Judge William Strong in favor of the defendants. Or. Spectator, Nov. 7, 1850. 

58 SteeVs Rifle, Retjlmcnt, MS., 5; CardwelVs Emigrant Company, MS., 2j 
Coke s Hide, 313; 31st Cong., 2d Sess., H. Ex. Doc. 1, pt. ii. 123. 
Hist. Or., MS., 6. 



92 LANE S ADMINISTRATION. 

its agents in Oregon and in Washington, continued to 
extort money from the government and individuals 
for many years. Of The Dalles claim, as a case in 
chancery, I shall speak further on in my work. 

As if Astoria, Vancouver, and The Dalles were not 
enough of Oregon s eligible town sites to condemn for 
military purposes, Loring declared another reservation 
in the spring of 1850 upon the land claims of Meek 
and Luelling at Milwaukie, for the site of an arsenal. 
This land was devoted to the raising of fruit trees, 
a mosfc important industry in a new country, and one 
which was progressing well. The appropriation of 
property which the claimants felt the government 
was pledged to confirm to them if they desired, was 
an encroachment upon the rights of the founders of 
American Oregon which they were quick to resent, 
and for which the Oregon delegate in congress was 
instructed to find a remedy. And he did find a 
remedy. The complainants held that they preferred 
fighting their own Indian wars to submitting to mili 
tary usurption, and the government might withdraw 
the rifle regiment at its earliest convenience. All of 
which was a sad ending of the long prayer for the 
military protection of the parent government. 

And all the while the Cayuse murderers went un 
punished. Lane was enough of a military man to 
understand the delays incident to the circumstances 
under which Loring found himself in a new country 
with undisciplined and deserting troops, but he was 
also possessed of the fire and energy of half a dozen 
regular army colonels. But before he had received 
any assistance in procuring the arrest of the Indians, 
lie had unofficial information of his removal by the 
whig administration, which succeeded the one by 
which he was appointed. 

This change, though eagerly seized upon by some 
as a means of gaining places for themselves and secur 
ing the control of public affairs, was not by any means 



INDIAN AGENT. 93 

agreeable to the majority of the Oregon people. No 
sooner had the news been received than a meeting 
was held in Yamhill precinct for the purpose of ex 
pressing regret at the removal of General Lane from 
the office of governor. 60 The manner in which Lane 
had discharged his duties as Indian agent, as well as 
executive, had won for him the confidence of the peo 
ple, with whom the dash, energy, and democratic 
frankness of his character were a power and a charm. 
There was nothing that was of importance to any in 
dividual of the community too insignificant for his 
attention; and whether the interest he exhibited was 
genuine, whether it was the suavity of the politician, 
or the irrepressible activity of a true nature, it was 
equally effective to make him popular with all but 
the conservative element to be found in any commu 
nity, and which was represented principally in Oregon 
by the Protestant religious societies. Lane being a 
Catholic could not be expected to represent them. 61 
As no official notice of his removal had been re 
ceived, Governor Lane proceeded actively to carry 
into execution his plans concerning the suppression 
of Indian hostilities, which were interrupted tem 
porarily by the pursuit of the deserting riflemen. 
During his absence on this self-imposed duty a diffi 
culty occurred with the Chinooks at the mouth of the. 
Columbia, in which, in the absence of established 
courts in that district, the military authorities were 
called upon to act. It grew out of the murder of Will 
iam Stevens, one of four passengers lost from the brig 
Forrest while crossing the bar of the Columbia. Three 
of the men were drowned. Stevens escaped alive but 

60 The principal movers in this demonstration were: Matthew P. Deady, J. 
McBride, A. S. Watt, J. Walling, A. J. Hembree, S. M. Gilmore, and N. M. 
Creighton. Or. Spectator, March 7, 1850. 

61 It is told to me by the person in whose interest it was done, that Lane, 
while governor, permitted himself to be chosen arbitrator in a land- jumping 
case, and rode a long distance in the rain, having to cross swollen streams on 
horseback, to help a woman whose husband was absent in the mines to resist 
the attempt of an unprincipled tenant to hold the claim of her husband. His 
influence was sufficient with the jury to get the obnoxious tenant removed. 



94 LANE S ADMINISTRATION. 

exhausted to the shore, where the Chinooks murdered 
him. Jones, of the rifles, who was at Astoria with 
a small company, hearing of it wrote to the governor 
and his colonel, saying that if he had men enough 
he would take the matter in hand at once; but that 
the Indians were excited over the arrest of one of 
the murderers, and he feared to make matters worse 
by attempting without a sufficient force to apprehend 
all the guilty Indians. On receiving the information, 
Secretary Pritchett called for aid on Hathaway, who 
sent a company to Astoria to make the arrest of all 
persons suspected of being concerned in the murder; 61 
but by this time the criminals had escaped. 

Negotiations had been in progress ever since the 
arrival of Lane for the voluntary delivery of the guilty 
Cayuses by their tribe, it being shown them that the 
only means by which peace and friendship could ever 
be restored to their people, or they be permitted to 
occupy their lands and treat with the United States 
government, was the delivery of the Whitman mur 
derers to the authorities of Oregon for trial. 63 At 
length word was received that the guilty members of 
the tribe, who were not already dead, would be sur 
rendered at The Dalles. Lane went in person to 
receive them, escorted by Lieutenant Addison with a 
guard of ten men. Five of the murderers, Tiloukaikt, 
Tamahas, Klokamas, Isaiachalakis, and Kiamasump- 
kin, were found to be there with others of their people. 
They consented to go to Oregon City to be tried, offer 
ing fifty horses for their successful defence. 64 

The journey of the prisoners, who took leave of 
their friends with marked emotion, was not without 
interest to their escort, who, anxious to understand the 

62 Or. Spectator, March 21, and April 4. 1850. 

3 Lane s Autobiography, MS., 56. 

14 Blanchet asserts that the Cayuses consented only to come down and 
have a talk with the white authorities, and denies that they were the actual 
criminals, who he says were all dead, having been killed by the volunteers. 
Cath. Ch. in Or., 180. There appears to be nothing to justify such a state 
ment, except that the murderers submitted to receive the consolations of the 
church in their last moments. 



THE CAYUSE MURDERERS. 

motives which had actuated the Indians in surrender 
ing themselves, plied them with questions at every 
opportunity. Tiloukaikt answered with a singular 
mingling of savage pride and Christian humility. 
When offered food by the guard from their own mess 
he regarded it with scorn. "What hearts have you," 
he demanded, "to offer to eat with me, whose hands 
are red with your brother s blood?" When asked 
why he gave himself up, he replied: "Did not your 
missionaries teach us that Christ died to save his 
people? So die we to save our people." 

This apparent magnanimity produced a deep impres 
sion on some minds, who, not well versed in Indian or 
in any human character, could not divest themselves 
of awe in the presence of such evidences of moral 
greatness as these mocking answers evinced. 

The facts are these : The Cayuses, weary of wan 
dering, with the prospect before them of another war 
with white men, had prevailed upon those who among 
themselves had done most to bring so much wretched 
ness upon them, to risk their lives in restoring them 
to their former peace and prosperity. Doubtless the 
representations which had been made, that they would 
be defended by white counsel, had had its influence in 
inducing them to take the risk. At all events it was 
a case requiring a desperate remedy. They were not 
ignorant that between twenty and thirty thousand 
Americans, chiefly men, and several government expe 
ditions had traversed the road to the Pacific the year 
previous ; nor that their attempt to expel the few white 
people from the Walla Walla valley had been an igno 
minious failure. There was scarcely a chance that 
white men s laws would acquit them ; but on the other 
hand there was the apparent certainty that unless the 
few gave up their lives, all must perish. Could a chief 
face his people whom he had ruined without an effort 
to save them ? All that was courageous or manly in 
the savage breast was roused by the emergency; and 
who shall say that this pride, which doggedly accepted 



96 LANE S ADMINISTRATION. 

a terrible alternative, did not make a moral hero, or 
present an example equivalent to the average chris- 
tian self-sacrifice? 

The trial was set for the 22d of May. The pris 
oners in the meantime were confined on Abernethy 
island, in the midst of the falls, the bridge connect 
ing it with the mainland being guarded by Lieutenant 
Lane, of the rifles, who was assigned to that duty. 65 
The prosecution was conducted by Amory Holbrook, 
district attorney, who had arrived in the territory 
in March previous, and the defense by Secretary 
Pritchett, R. B. Reynolds, of Tennessee, paymaster 
of the rifle regiment, and Captain Claiborne, also 
of the rifle, whom Judge Pratt assigned to this duty. 

On arraignment, 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 massacre 
the laws of the United States had not been extended 
over Oregon. The ruling of the court was that the 
act of congress. June 30. 1834. resrulatino- trade and 

~ O O 

intercourse with the Indian tribes and to preserve 
peace on the frontiers, having declared all the terri 
tory of the United States west of the Mississippi and 
not within any state, to be within the Indian country ; 
and the treaty of June 15, 1846, with Great Britain 
having settled that, all of Oregon south of the 49th 
parallel belonged exclusively to the United States, it 
followed that offenses committed therein, after such 
treaty, against the laws of the United States, were tri 
able and punishable in the proper United States courts 
irrespective of the date of their establishment. The 
indictment stated facts sufficient to show that a crime 
had been committed under the laws in force at the 
place of its commission, and therefore the subsequent 
creation of a court in which a determination of the 
question of the defendant s guilt or innocence could 

65 Lane s Autobiography, MS., 139. 



THE TRIAL. 97 

be had was immaterial, and could not affect its juris 
diction. Exception to the ruling was taken. 

The trial proceeded and the defendants were con 
victed, sentenced, and ordered by a warrant, signed 
by the judge, to be hung ; the day set for the execu 
tion being June the 3d. A new trial was asked for 
and denied. Between the time of conviction and the 
day fixed for execution, the governor being absent 
from the capital, it was rumored that he was at the 
mines near Yreka, in California, and acting upon this 
rumor, Pritchett, counsel for the Indians and secre 
tary of the territory, announced that he should, as 
governor, reprieve the Indians from execution until an 
appeal could be taken and heard by the supreme court 
at Washington. The people generally expressed great 
indignation at even the suggestion of such a course. 
While the excitement was at its height, Meek, United 
States marshal, called upon the judge for instructions 
how to act in the event that Pritchett should interfere 
to prevent the execution. Judge Pratt promptly 
answered that as there was no actual or official evidence 
that Governor Lane was outside of the territorial 
limits, all assumptions of Pritchett to that effect and 
acts based upon them could be disregarded, The sec 
retary having learned of these views of the judge did 
not interfere, the execution took place, and general 
rejoicing followed. 6 

The solemnity and quiet of religious services char 
acterized the entire trial, at which between four and 
five hundred persons were present, who watched the 
proceedings with intense anxiety. Counsel appointed 
by- the judge made vigorous effort to clear their 
clients. No one unfamiliar with the condition of 

6G General Lucius H. Allen, a graduate of the United States military 
academy, and early identified with Oregon, and later with California, who 
deceased in the latter state in 1888, and a man of high character, dictated 
to Col George H. Morrison for my use the full particulars of this interesting 
trial. General Allen said, if by any chance the Indians had escaped execu 
tion, the people would undoubtedly have hung -them, which act on the part 
of the people would have caused retaliation by the Indians, and the situation 
would have been dreadful, and beyond the power of language to describe. 
HIST. OB., VOL. II. 7 



98 LANE S ADMINISTRATION. 

affairs in the territory of OregoD at the time of which 
I am writing, can realize the interest displayed by 
the people of the entire country in this important and 
never-to-be-forgotten trial. The bare thought that 
the five wretches that had assassinated Doctor Whit 
man, Mrs Whitman, Mr Saunders, and a large num 
ber of emigrants, might, by any technicality of the 
law, be allowed to go unpunished, was sufficient to 
disturb every man, woman, and child throughout the 
length and breadth of the territorial limits. 61 

The judge appreciated, in all its seriousness, the 
responsibility of his position. He seemed to realize 
that upon his decision hung the lives of thousands of 
the whites inhabiting the Willamette valley. He 
proved, however, equal to the emergency. His 
knowledge of the law was not only thorough, but 
during his early life, and before having been called to 
the bench in Oregon he had become familiar with all 
the questions involving territorial boundaries and 
treaty stipulations. His position was dignified, firm, 
and fearless. His charge was full, logical, and concise. 

His judicial action in this and many other trials of 
a criminal and civil nature in the territory during his 
judgeship, made it manifest to the great body of the 
early settlers that he was not only thoroughly versed 
in all the needed learning required in his position, but, 
in addition, his unswerving determination that the law 
should be upheld and enforced created general con 
fidence and reliance that he would be equal to his 
position in all emergencies. 

The result of the conviction of the Indians was felt 
throughout the territory, and gave satisfaction to all 
classes. It was said by many that the Catholics 6 ! were 
priv} r to this dastardly and dreadful massacre ; this, I 
do not believe, nor have I found in my researches 
evidence upon which to base such an assertion. 65 It was 

67 Oregon Spectator. 

^Blanchet s attempt to excuse his neophytes is open to reproach. 
69 Meek seems to have had the erroneous impression that the goy. 
signed the death warrant, and is quoted as having said, I have in 



EXECUTION. 09 

even feared that a rescue might be attempted by the 
Indians on the clay of execution, and men coming in 
from the country round brought their rifles, hiding 
them in the outskirts of the town, not to create 
alarm. 70 Nothing occurred, however, to cause excite 
ment. The Catholic priests took charge of the spir 
itual affairs of the condemned savages, administering 
the sacraments of baptism and confirmation, Father 
Veyret attending them to the scaffold, where prayers 
for the dying were offered. " Touching words of en 
couragement," says Blanchet, " were addressed to 
them on the moment of being swung into the air : 
Onward, onward to heaven, children; into thy hands, 
Lord Jesus, I commend my spirit. " 71 Oh loving 
and consistent Christians ! While the world of Prot 
estantism regarded the victims slain at Waiilatpu as 
martyrs, the priests of Catholicism made martyrs of 
the murderers, and wafted their spirits straight to 
heaven. So far as the sectarian quarrel is concerned 
it matters nothing, in my opinion, and I care not 
whose converts these heathen may have been, if of 
either; but sure I am that these Cayuses were mar 
tyrs to a destiny too strong for them, to the Jugger 
naut of an incompressible civilization, before whose 
wheels they were compelled to prostrate themselves, 
to that relentless law, the survival of the fittest, be 
fore which, in spite of religion or science, we all in 
turn go down. 

With the consummation of the last act of the 
Cayuse tragedy Lane s administration may be said to 
have closed, though he was for several weeks occupied 
with his duties as Indian agent in the south, a full 
account of which I shall give later. Having made a 

my pocket the death-warrant of them Indians, signed by Governor Lane. 
The marshal will execute them men as certain as the day arrives. Pritchett 
looked surprised and remarked: That is not what you just said, that you 
would do anything for me. You were talking then to Meek, Joe returned, 
not to the marshal, who always does his duty. Victor s River of the West, 
496. The marshal s honor was less corrupt than his grammar. 

70 Bacon s Merc. Life Or., MS., 25. 

71 Cath. Ch. in Or., 182. 



100 LANE S ADMINISTRATION. 

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

72 Brackets U. S. Cavalry, 129-30. It was recruited afterward and sent 
to Texas under its colonel, Brevet General P. F. Smith. 



CHAPTEE IV. 

A DELEGATE TO CONGRESS. 
1849-1850. 

THE 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 CHARACTER PRO 
CEEDS TO WASHINGTON MISREPRESENTATIONS AND UNPRINCIPLED 
MEASURES RANK INJUSTICE TOWARD MCLOUGHLIN EFFICIENT WORK 
FOR OREGON THE DONATION LAND BILL THE CAYUSE WAR CLAIM 
AND OTHER APPROPRIATIONS SECURED THE PEOPLE LOSE CONFIDENCE 
IN THEIR DELEGATE DEATH OF THURSTON. 

DURING the transition period through which the 
territory was passing, complaint was made that the 
judges devoted time to personal enterprises which was 
demanded for the public service. I am disposed to 
think that those who criticised the judges of the 
United States courts caviled because they overlooked 
the conditions then existing. 

The members of the territorial supreme court 
were Chief Justice Bryant and Associate Justice 
Pratt. 1 Within a few months, the chief justice s health 

1 0. C. Pratt was born April 24, 1819, in Ontario County, New York. He 
entered West Point, in the class of 1837, and took two years of tho course. 
His stand during this time was good, but he did not find technical military 
training congenial to his tastes, excepting the higher mathematics, and ho 
obtained the consent of his parents to resign his cadetship, in order to com 
plete his study of law, to which he had devoted two years previous to enter 
ing the Military Academy. He passed his examination before the supremo 
court of New York in 1840, and was admitted to the bar. During this year 
he took an active part in the presidential campaign as an advocate of the 
election of Martin Van Buren. In 1843 he moved to Galena, Illinois, and 
established himself as an attorney at law. In 1844 he entered heartily into 
politics, as a friend of Polk, and attracted attention by his cogent discussion 
of the issues then uppermost, the annexation of Texas, and tho Oregon ques 
tion. In 1847 he was a member of the convention to make the first revision 

(101) 



102 A DELEGATE TO CONGRESS. 

having become impaired, he left Oregon, returned to 
Indiana, resigned, and soon after died. Associate 
Justice Burnett, being in California, and very lucra 
tively employed at the time that he learned of his 
appointment, declined it; and as their successors, 
Thomas Nelson and William Strong, 2 were not soon 

O 

appointed, and came ultimately to their field of duty 
around Cape Horn, Judge Pratt was left unaided 
nearly two years in the judicial labors of the territory. 

By act of congress, March 3, 1859, it was provided, in 
the absence of United States courts in California, viola 
tions of the revenue laws might be prosecuted before the 
j udges of the supreme court of Oregon. Under this stat 
ute, Judge Pratt went to San Francisco, by request of 
the secretary of the treasury, in 1849, and assisted in 
the adjustment of several important admiralty cases. 
Also, about the same time, in his own district, at Port 
land, Oregon, as district judge of the United States 
for the territory of Oregon, he held the first court of 
admiralty jurisdiction within the limits of the region 
now covered by the states of Oregon and California. 

Another evil to the peace and quiet of the commu 
nity, and to the security of property, arose soon after 
the advent of the new justices Strong, 3 in August 

of the constitution of Illinois. In the service of the government he crossed 
the plains to Santa Fe; thence to California. In 1848 he became a member 
of the supreme court of Oregon, as noted. He was a man of striking and 
distinguished personnel, fine sensibilities, analytic intelligence, eloquent, 
learned in the law, and honorable. 

2 William Strong was born in St Albans, Vermont, in 1817, where he re 
sided in early childhood, afterward removing to Connecticut and New York. 
He was educated at Yale college, began life as principal of an academy at 
Ithaca, New York, and followed this occupation while studying law, remov 
ing to Cleveland, Ohio, in the mean time. On being appointed to Oregon he 
took passage with his wife on the United States store-ship Supply in Novem 
ber 1849 for San Francisco, and thence proceeded to the Columbia by the 
sloop of war Falmouth. Judge Strong resided for a few years on the north 
side of the Columbia, but finally made Portland his home, where he has long 
practised law in company with his sons. During my visit to Oregon in 1878 
Judge Strong, among others, dictated to my stenographer his varied experi 
ences, and important facts concerning the history of Oregon. The manu 
script thus made I entitled Strony s History of Oregon. It contains a long 
series of events, beginning August 1850, and running down to the time 
when it was given, and is enlivened by many anecdotes, amusing and curi 
ous, of early times, Indian characteristics, political affairs, and court notes. 

a Strong, who seems to have had an eye to speculation as well as other offi- 



DECADENCE OF THE FUR COMPANY. 103 

1850, and Nelson, in April 1, 1851 from the inter 
ference of one district court with the processes of 
another. Thus it was impossible, for a time, to main 
tain order in Judge Pratt s district (the second) in two 
instances, sentences for contempt passed by him being 
practically nullified by the interference of the judge 
of the first district. 

Among the changes occurring at this time none 
were more perceptible than the diminishing import 
ance of the Hudson s Bay Company s business in 
Oregon. Not only the gold mania carried off their 
servants, but the naturalization act did likewise, and 
also the prospect of a title to six hundred and forty 
acres of land. And not only did their servants desert 
them, but the United States revenue officers and Ind 
ian agents pursued them at every turn. 4 When Thorn 
ton was at Puget Sound in 1849 he caused the arrest 
of Captain Morris, of the Harpooner, an English ves 
sel which had transported Hill s artillery company to 
Nisqually, for giving the customary grog to the Ind 
ians and half-breeds hired to discharge the vessel in 
the absence of white labor. Captain Morris was held 
to bail in five hundred dollars by Judge Bryant, to 
appear before him at the next term .of court. What 
the decision would have been can only be conjectured, 
as in the absence of the judges the case never came 
to trial. Morris was released on a promise never to 
return to those waters. 5 

But these annoyances were light compared to those 

i~* 

which arose out of the establishment of a port of 

cials, had purchased a lot of side-saddles before leaving New York, and other 
goods at auction, for sale in Oregon. His saddles cost him $7.50 and $13, and 
he sold them to women whose husbands had been to the gold mines for 850, 
$60, and 75. A gross of playing cards, purchased for a cent a pack at auc 
tion, sold to the soldiers for 1.50 a pack. Brown sugar purchased for 5c. a 
pound by the barrel brought ten times that amount; and so on, the goods 
being sold for him at the fur company s store. Stronys Hist. Or., MS , 27-30. 

4 Roberts says, in his Recollections, MS., that Douglas left Vancouver just 
in time to save his peace of mind; and it was perhaps partly with that object, 
for he was a strict disciplinarian, and could never have bent to the new order 
of things. 

* Roberto? Recollections, MS., 16. 



104 A DELEGATE TO CONGRESS. 

entry, and the extension of the revenue laws of the 
United States over the country. In the spring of 
1849 arrived Oregon s first United States revenue 
officer, John Adair, of Kentucky; and in the autumn 
George Gibbs, deputy-collector. 6 No trouble seems 
to have arisen for the first few months, though the 
company was subjected to much inconvenience by 
having to go from Fort Victoria to Astoria, a distance 
of over two hundred miles, to enter the goods designed 
for the American side of the strait, or for Fort Nis- 
qually to which they must travel back three hundred 
miles. 

About the last of December 1849 the British ship 
Albion, Captain Richard O. Hinderwell, William 
Brotchie, supercargo, entered the strait of Fuca with 
out being aware of the United States revenue laws 
on that part of the coast, and proceeded to cut a cargo 
of spars at New Dungeness, at the same time trading 
with the natives, for which they were prepared, by 
permission of the Hudson s Bay Company in London, 
with certain Indian goods, though not allowed to buy 
furs. The owners of the Albion, who had a govern 
ment contract, had instructed the captain and super 
cargo to take the spars wherever they found the best 
timber, but if upon the American side of the strait, to 
pay for them if they could be bought cheap. But 
during a stay of about four months at Dungeness, as 

6 Gibbs, who came with the rifle regiment, was employed in various posi 
tions on the Pacific coast for several years. He became interested in philology 
and published a Dictionary of the Chinook Jargon, and other matter concern 
ing the native races, as well as the geography and geology of the west coast. 
In Suckley and Cooper s Natural History it is said that he spent two years in 
southern Oregon, near the Klamath; that in 1853 he joined McClellan s sur 
veying party, and afterward made explorations with I. I. Stevens in Wash 
ington. In 1859 he was still employed as geologist of the north- west boundary 
survey with Kennerly. He was for a short time collector of customs at 
Astoria. He went from there to Puget Sound, where he applied himself to 
the study of the habits, languages, and traditions of the natives, which study 
enabled him to make some valuable contributions to the Smithsonian Insti 
tution. Mr Gibbs died at New Haven, Conn. , May 1 1 , 1 873. He was a man of 
fine scholarly attainments, says the Qlympki Pacific, Tribune, May 17, 1873, 
and ardently devoted to science and polite literature. He was something of a 
wag withal, and on several occasions, in conjunction with the late Lieut. 
Derby (John Phcenix) and others, perpetrated "sells" that obtained a world 
wide publicity. His friends were many, warm, and earnest. 



A DISREPUTABLE AFFAIR. 105 

no one had appeared of whom the timber could be 
purchased, the wood-cutters continued their work un 
interruptedly. In the mean time the United States 
surveying schooner Swing being in the sound, Lieu 
tenant Me Arthur informed the officers of the Albion 
that they had no right to cut timber on American 
soil. When this carne to the ears of deputy-collector 
Gibbs, Adair being absent in California, he appointed 
Eben May Dorr a special inspector of customs, with 
authority to seize the Albion for violation of the 
revenue laws. United States district attorney Hoi- 
brook, and United States marshal Meek, were duly 
informed. 

The marshal, with Inspector Dorr, repaired to 
Steilacoom, where a requisition was made on Cap 
tain Hill for a detachment of men, and Lieutenant 
Gibson, five soldiers, and several citizens proceeded 
down the sound to Dungeness, and made a formal 
seizure of the ship and stores on the 22d of April. 
The vessel was placed in charge of Charles Kianey, 
the English sailors willingly obeying him, and navi 
gating the ship to Steilacoom. Arrived here every 
man, even to the cook, deserted, and the captain and 
supercargo were ordered ashore where they found 
succor at the hospitable hands of Tolmie, at Fort 
Nisqually. 

It was not a very magnanimous proceeding on the 
part of officers of the great American republic, but 
was about what might have been expected from Indian 
fighters like Joe Meek raised to new dignities. 7 We 
smile at the simple savage demanding pay from navi 
gators for wood and water; but here were officers of 
the United States government seizing and confiscating 
a British vessel for cutting a few small trees from 

7 See 31st <7og., 2d Scss., S. Doc., 30, 15-16. We have met before, said 
Brotcliie to Meek as the latter presented himself. You did meet me at 
Vancouver several years ago, but I was then nothing but Joe Meek, and 
you ordered me ashore. Circumstances are changed since then. I am Colonel 
Joseph L. Meek, United States marshal for Oregon Territory, and you, sir, 
are only a damned smuggler ! Go ashore, sir ! Victor s River of the West, 505. 



106 A DELEGATE TO CONGRESS. 

land lately stolen from the Indians, relinquished by 
Great Britain as much through a desire for peace as 
from any other cause, and which the United States 
government afterward sold for a dollar and a quarter 
an acre, at which rate the present damage could not 
possibly have reached the sum of three cents ! 

Kinney proved a thief, and not only stole the goods 
intrusted to his care, but allowed others to do so, 8 and 
was finally placed under bonds for his appearance to 
answer the charge of embezzlement. The ship and 
spars were condemned and sold at Steilacoom Novem 
ber 23d, bringing about forty thousand dollars, which 
was considerably less than she was worth; the money, 
according to common report, never reaching the treas 
ury. 9 A formal protest was entered by the captain 
and supercargo immediately on the seizure of the 
Albion, and the whole correspondence finally came 
before congress on the matter being brought to the 
attention of the secretary of state by the British 
minister at Washington. 

In the mean time congress had passed an act Sep 
tember 28, 1850, relating to collection matters on the 

" O 

Pacific coast, and containing a proviso intended to 
meet such cases as this of the Albion and by virtue 
of which the owners and officers of the vessel were 
indemnified for their losses. 

This high-handed proceeding against the Albion, as 
we may well imagine, produced much bitterness of 
feeling on the part of the British residents north 
of the Columbia/ 1 and the more so that the vessels 

8 Or. Spectator, Dec. 19, 1850. 

9 This money fell into bad hands and was not accounted for. According 
to Meek the officers of the court found a private use for it. Victor s River 
of the West, 506. 

10 That where any ship or goods may have been subjected to seizure 
by any officer of the customs in the collection district of Upper California or 
the district of Oregon prior to the passage of this act, and it shall be made 
to appear to the satisfaction of the secretary of the treasury that the owner 
sustained loss by reason of any improper seizure, the said secretary is author 
ized to extend such relief as he may deem just and proper. 31st Cong., 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, MS., 17. 



THE REVENUE LAWS. 107 

of the Hudson s Bay Company were not exempt 
from these exactions. When the troops were to be 
removed from Nisqually to Steilacoom on the estab 
lishment of that post, Captain Hill employed the 
Forager, one of the company s vessels, to transport 
the men and stores, and the settlers also having some 
shingles and other insignificant freight, which they 
wished carried down the sound, it was put on board 
the Forager. For this violation of the United States 
revenue laws the vessel was seized. But the secretary 
of the treasury decided that Hill and the artillerymen 
were not goods in the meaning of the statute, and 
that therefore the laws had not been violated. 12 

Soon after the seizure of the Albion, the company s 
schooner Cadboro was seized for carrying goods direct 
from Victoria to Nisqually, and that notwithstanding 
the duties were paid, though under protest. The 
Cadboro was released on Ogden reminding the col 
lector that he had given notice of the desire of the 
company to continue the importation of goods direct 
from Victoria, their readiness to pay duties, and also 
that their business would be broken up at Nisqually 
and other posts in Oregon if they were compelled to 
import by the way of the Columbia Biver. 13 

In January 1850 President Taylor declared Port 
land and Nisqually ports of delivery ; but subsequently 
the office was removed at the instance of the Oregon 
delegate from Nisqually to Olympia, when there 
followed other seizures, namely, of the Mary Dare, 
and the Beaver, the latter for landing Miss Rose 
Birnie, sister of James Birnie formerly of Fort George, 
at Fort Nisqually, without first having landed her at 
Olympia. 14 The cases were tried before Judge Strong, 
who very justly released the vessels. Strong was 
accused of bribery by the collector; but the friends 
of the judge held a public meeting at Olympia sus- 

12 Letter of N. M. Merideth to S. R. Thurston, in Or. Spectator, May 2, 1850, 

13 31th Cone/., 2dSess., Sen. Doc. 30, 7. 
Roberts Recollections, MS., 16. 



108 A DELEGATE TO CONGRESS. 

taining him. The seizure cost the government twenty 
thousand dollars, and caused much ill-feeling. This 
was after the appointment of a collector for Puget 
Sound in 1851, whose construction of the revenue 
laws w r as even more strict than that of other Oregon 
officials. 15 

Thus we see that the position of the Hudson s Bay 
Company in Oregon after the passage of the act 
establishing the territory was ever increasingly pre 
carious and disagreeable. The treaty of 1846 had 
proven altogether insufficient to protect the assumed 
rights of the company, and was liable to different 
interpretations even by the ablest jurists. The com 
pany claimed their lands in the nature of a grant, and 
as actually alienated to the British government. 
Before the passage of the territorial act, they had 
taken warning by the well known temper of the 
American occupants of Oregon toward them, and had 
offered their rights for sale to the government at one 
million of dollars; using, as I have previously inti 
mated, the well known democratic editor and politician, 
George N. Sanders, as their agent in Washington. 

As early as January 1848 Sir George Simpson 
addressed a confidential letter to Sanders, w r hom he 
had previously met in Montreal, in which he defined 
his view of the rights confirmed by the treaty, as the 
right to "cultivate the soil, to cut down and export 
the timber, to carry on the fisheries, to trade for furs 
with the natives, and all other rights we enjoyed at 
the time of framing the treaty." As to the free navi 
gation of the Columbia, he held that this right like 
the others was salable and transferable. " Our 
possessions," he said, "embrace the very best situa 
tions in the whole country for offensive and defensive 
operations, towns and villages." These w r ere all in- 

15 S. P. Moses was the first collector on Puget Sound. Roberts says con 
cerning him that he took almost every British ship that came. His conduct 
was beneath the government, and probably was from beneath, also. Recol- 
kctions, MS., 16. 



PROPOSALS OF SALE. 109 

eluded in the offer of sale, as well as the lands of the 
Puget Sound Agricultural Company, together with 
their flocks and herds; the reason urged for making 
the offer being that the company in England were 
apprehensive that their possession of the country 
might lead to " endless disputes, which might be pro 
ductive of difficulties between the two nations," to 
avoid which they were willing to make a sacrifice, and 
to withdraw within the territory north of 49. 16 

Sanders laid this proposition before Secretary 
Buchanan in July, and a correspondence ensued 
between the officers and agents of the Hudson s Bay 
Company and the ministers of both governments, in 
the course of which it transpired that the United 
States government on learning the construction put 
upon the company s right to transfer the navigation 
of the Columbia, was dissatisfied with the terms of 
the treaty and wished to make a new one in which 
this right was surrendered, but that Great Britain 
declined to relinquish the right without a considera 
tion. "Her Majesty s government," said Addington, 
"have no proposal to make, they being quite content 
to leave things as they are." 

The operation of the revenue laws, however, which 
had not been anticipated by the British companies or 
government, considerably modified their tone as to 
the importance of their right of navigation on the 
Columbia, and their privileges generally. Instead of 
being in a position to dictate terms, they were at the 
mercy of the United States, which could well afford 
to allow them to navigate Oregon waters so long as 
they paid duties. Under this pressure, in the spring 
of 1849, a contract was drawn up conveying the 
rights of the company under their charter and the 
treaty, and appertaining to forts Disappointment, 
George, Vancouver, Umpqua, Walla Walla, Boise, 
Okanagan, Colville, Kootenai, Flat Head, Nisqually, 
Cowlitz, and all other posts belonging to said com- 

16 31st Cong., %d Sess. t Sen. Doc, 20, 4-5. 



110 A DELEGATE TO CONGRESS. 

panics, together with their wild lands, reserving only 
their shipping, merchandise, provisions, and stores of 
every description, and their enclosed lands, except 
such portions of them as the United States govern 
ment might wish to appropriate for military reserves, 
which were included in the schedule offered, for the 
sum of seven hundred thousand dollars. The agree 
ment further offered all their farms and real property 
not before conveyed, for one hundred and fifty thou 
sand dollars, if purchased within one year by the 
government; or if the government should not elect 
to purchase, the companies bound themselves to sell 
all their farming lands to private citizens of the 
United States within two years, so that at the end 
of that time they would have no property rights 
whatever in the territories of the United States. 

Surely it could not be said that the British com 
panies were not as anxious to get out of Oregon as 
the Americans were to have them. It is more than 
likely, also, that had it not been for the persistent 
animosity of certain persons influencing the heads 
of the government and senators, some arrangement 
might have been effected; the reason given for re 
jecting the offer, however, was that no purchase 
could be made until the exact limits of the company s 
possessions could be determined. In October 1850, 
Sir John Henry Pelly addressed a letter to Webster, 
then secretary of state, on the subject, in which he 
referred to the seizure of the Albion, and in which he 
said that the price in the disposal of their property 
was but a secondary consideration, that they were 
more concerned to avoid the repetition of occurrences 
which might endanger the peace of the two govern 
ments, and proposed to leave the matter of valuation 
to be decided by two commissioners, one from each 
government, who should be at liberty to call an 
umpire. But at this time the same objections existed 
in the indefinite limits of the territory claimed which 
would require to be settled before commissioners 



ABANDONMENT OF POSTS. Ill 

could be prepared to decide, and nothing was clone 
then, nor for twenty years afterward, 17 toward the 
purchase of Hudson s Bay Company claims, during 
which time their forts, never of much value except 
for the purposes of the company, went to decay, and 
the lands of the Puget Sound Company were covered 
with American squatters, who, holding that the rights 
of the company under the treaty of 1846 were not in 
the nature of an actual grant, but merely possessory 
so far as the company required the land for use until 
their charter expired, looked upon their pretensions 
as unfounded, and treated them as trespassers, 1 * at 
the same time that they were compelled to pay taxes 
as proprietors. 1 

Gradually the different posts were abandoned. The 
land at Fort Umpqua was let in 1853 to W. W. 
Chapman, who purchased the cattle belonging to it, 20 
which travellers were in the habit of shooting as 

I1 32d Cong., 1st Sess., H. Ex. Doc. 2, pt. iii. 473-4. 

18 Roberts, who was a stockholder in the Puget Sound Company, took 
charge of the Cowlitzfarm in 1846. Matters went on very well for two years. 
Then came the gold excitement and demoralization of the company s servants 
consequent upon it, and the expectation of a donation land law. He left the 
farm which he found ib impossible to carry on, and took up a land claim as a 
settler outside its limits, becoming a naturalized citizen of the United States. 
But pioneer farming was not either agreeable or profitable to him, and was 
besides interrupted by an Indian war, when he became clerk to the quarter 
master general. When the Frazer River mining excitement came on he 
thought he might possibly make something at the Cowlitz by raising provis 
ions. But when his hay was cut and put up in cocks it was taken away by 
armed men who had squatted on the land; and when the case came into 
court the jury decided that they knew nothing about treaties, but did under 
stand the rights of American citizens under the land law. Then followed 
arson and other troubles with the squatters, who took 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 good man persecuted in this manner, that the squatters on the Cowlitz 
farm, were iinally compelled to desist from these acts, and Roberts was left in 
peace until the Washington delegate, Garfield, secured patents for his clients 
the squatters, and Roberts was evicted. There certainly should have been 
some way of preventing outrages of this kind, and the government should 
have seen to it that its treaties were respected by the people. But the peo 
ple s representatives, to win favor with their constituents, persistently helped 
to instigate a feeling of opposition to the claims of the British companies, or 
to create a doubt of their validity. See Roberts Recollections, MS., 7o. 

19 The Puget Sound Company paid in one year 7,000 in taxes. They were 
astute enough, says Roberts, not to refuse, as the records could be used to 
show the value of their property. Recollection.*, MS., 91. 

r 20 A. C. Gibbs, in U. S. Ev. II. B. C. Claims, 29; W. T. Tolmie, Id., 104; 
W. W. Chapman, Id., 11. 



112 A DELEGATE TO CONGRESS. 

game while they belonged to the company. The 
stockade and buildings were burned in 1851. The 
land was finally taken as a donation claim. Walla 
Walla was abandoned in 1855-6, during the Indian 
war, in obedience to an order from Indian Agent 
Olney, and was afterward claimed by an American 
for a town site. Fort Boise was abandoned in 1856 
on account of Indian hostilities, and Fort Hall about 
the same time on account of the statute against sellinof 

O O 

ammunition to Indians, without which the Indian 
trade was worthless. Okanagan was kept up until 
1861 or 1862, when it was left in charge of an Indian 
chief. Vancouver was abandoned about 1860, the 
land about it being covered with squatters, English 
and American. 21 Fort George went out of use before 
any of the others, Colville holding out longest. At 
length in 1871, after a tedious and expensive ex 
amination of the claims of the Hudson s Bay and 
Puget Sound companies by a commission appointed 
for the purpose, an award of seven hundred and fifty 
thousand dollars was made and accepted, there being 
nothing left which the United States could confirm 
to any one except a dozen dilapidated forts. The 
United States gained nothing by the purchase, unless 
it were the military reserves at Vancouver, Steila- 
coom, and Cape Disappointment; for the broad acres 
of the companies had been donated to squatters who 
applied for them as United States land. As to the 
justice of the cause of the American people against 
the companies, or the companies against the United 
States, there will be always two opinions, as there 
have always been two opinions concerning the Oregon 
boundary question. Sentiment on the American side 
as enunciated by the Oregon pioneers was as follows: 
They held that Great Britain had no rights on the 
west shore of the American continent; in which 
opinion, if they would include the United States in 
the same category, I would concur. As I think I 

ZI J. L. Meek, in U. S. Ev. H. B. C. Claims, 90. 



THE FINAL ISSUE. 113 

have clearly shown in the History of the Northwest 
Coast, whether on the ground of inherent rights, 
or rights of discovery or occupation, there was little 
to choose between the two nations. The people of 
Oregon further held that the convention of 1818 

o 

conferred no title, in which they were correct. They 
held that the Hudson s Bay Company, under its 
charter, could acquire no title to land only to the 
occupancy of it for a limited time; in which position 
they were undoubtedly right. They denied that the 
Puget Sound Company, which derived its existence 
from the Hudson s Bay Company, could have any title 
to land, which was evident. They were quick to per 
ceive the intentions of the parent company in laying 
claim to large bodies of land on the north side of the 
Columbia, and covering them with settlers and herds. 
They had no thought that when the boundary was 
settled these claims would be respected, and felt that 
not only they but the government had been cheated 
the latter through its ignorance of the actual facts in 
the case. So far I cannot fail to sympathize with 
their sound sense and patriotism. 

But I find also that they forgot to be just, and to 
realize that British subjects on the north side of the 
Columbia were disappointed at the settlement of the 
boundary on the 49th parallel; that they naturally 
sought indemnity for the distraction it would be to 
their business to move their property out of the 
territory, the cost of building new forts, opening new 
farms, and laying out new roads. But above all they 
forgot that as good citizens they were bound to re 
spect the engagements entered into by the govern 
ment whether or not they approved them ; and while 
they were using doubtful means to force the British 
companies out of Oregon, were guilty of ingratitude 
both to the corporation and individuals. 

The issue on which the first delegate to congress 
elected in Oregon, Samuel R. Thurston, received his 

HIST. OB., Vol.. II. 8 



114 A DELEGATE TO CONGRESS. 

majority, was that of the anti-Hudson s Bay Com 
pany sentiment, which was industriously worked up 
by the missionary element, in the absence of a large 
number of the voters of the territory, notably of the 
Canadians, and the young and independent western 
men. 22 Thurston was besides a democrat, to which 
party the greater part of the population belonged; 
but it is the testimony of those who knew best that 
it was not as a democrat that he was elected. 23 As a 
member of the legislature at its last session under the 
provisional government, he displayed some of those 
traits which made him a powerful and useful champion, 
or a dreaded and hated foe. 

Much has been said about the rude and violent 
manners of western men in pursuit of an object, but 
Thurston was not a western man ; he was supposed to 
be something more elevated and refined, more cool 
and logical, more moral and Christian than the peo 
ple beyond the Alleghanies; he was born and bred 
an eastern man, educated at an eastern college, 
was a good Methodist, and yet in the canvass of 

2 Thurston received 470 votes; C. Lancaster, 321; Meek and Griffin, 46; 
J. W. Nesmith, 106. Thurston was a democrat and Nesmith a whig. Tribune 
Almanac, I860, 51. 

23 Mrs E. F. Odell, ne McClench, who came to Oregon as Thurston s 
wife, and who cherishes a high regard for his talents and memory, has fur 
nished to my library a biographical sketch of her first husband. Though 
strongly tinctured by personal and partisan feeling, it is valuable as a view 
from her standpoint of the character and services of the ambitious young man 
who first represented Oregon in congress how worthily, the record will 
determine. Mr Thurston was born in Monmouth, Maine, in 1816, and reared 
in the little town of Peru, subject to many toils and privations common to 
the Yankee youth of that day. He possessed a thirst for knowledge also 
common in New England, and became a hard student at the Wesleyan semi 
nary at Readfield, from which he entered Bowdoin college, graduating in the 
class of 1843. He then entered on the study of law in Brunswick, where he 
was soon admitted to practice. A natural partisan, he became an ardent 
democrat, and was not only fearless but aggressive in his leadership of the 
politicians of the school. Having married Miss Elizabeth F. McClench, of 
Fayette, he removed with her to Burlington, Iowa, in 1845, where he edited 
the Burlington Gazette till 1847, when he emigrated to Oregon. From his 
education as a Methodist, his talents, and readiness to become a partisan, he 
naturally affiliated with the Mission party. Mrs Odell remarks in her Biog 
raphy of Thurxton, MS., 4, that he was not elected as a partisan, though his 
political views were well understood; but L. F. Grover, who knew him well 
in college days and afterward, says that he ran on the issue of the missionary 
settlers against the Hudson s Bay Company. Public Life in Or., MS., 95. 



CHARACTERISTICS OF THURSTON. 115 

1849 he introduced into Oregon the vituperative and 
invective style of debate, and mingled with it a species 
of coarse blackguardism such as no Kentucky ox- 
driver or Missouri flat-boatman might hope to excel. ^ 
Were it more effective, he could be simply eloquent 
and impressive; where the fire-eating style seemed 
likely to win, he could hurl epithets and denuncia 
tions until his adversaries withered before them.* 

And where so pregnant a theme on which to rouse 
the feelings of a people unduly jealous, as that of the 
aggressiveness of a foreign monoply? And what easier 
than to make promises of accomplishing great things 
for Oregon? And yet I am bound to say that what 
this scurrilous and unprincipled demagogue promised, 
as a rule he performed. He believed that to be the 
best course, and he was strong enough to pursue it. 
Had he never done more than he engaged to do, or 
had he riot privately engaged to carry out a scheme 
of the Methodist missionaries, whose sentiments he 
mistook for those of the majority, being himself a 
Methodist, and having been but eighteen months in 
Oregon when he left it for Washington, his success 
as a politician would have been assured. 

Barnes, in his manuscript entitled Oregon and Cali 
fornia, relates that Thurston was prepared to go to 
California with him when Lane issued his proclama 
tion to elect a delegate to congress. He immediately 

24 I have heard an old settler give an account of a discussion in Polk 
county between Nesmith and Thurston during the canvass for the election of 
delegate to congress. He said Nesmith had been accustomed to brow 
beat every man that came about him, and drive him off either by ridicule or 
fear. In both these capacities Nesmith was a strong man, and they all 
thought Nesmith had the field. But when Thurston got up they were 
astonished at his eloquence, and particularly at his bold manner. My inform 
ant says that at one stage Nesmith jumped up and began to move toward 
Thurston; and Thurston pointed his finger straight at him, after putting it 
on his side, and said: " Don t you take another step, or a button-hole will be 
seen through you," and Nesmith stopped. But the discussion proved that 
Thurston was a full match for any man in the practices in which his antago 
nist was distinguished, and the result was that Thurston carried the election 
by a large majority. Graver s Pub. Life, MS., 96-7. 

25 He was a man of such impulsive, harsh traits, that he would often carry 
college feuds to extremities. I have known him to get so excited in recount 
ing some of his struggles, that he would take a chair and smash it all to pieces 
over the table, evidently to exhaust the extra amount of vitality. Id., 94. 



116 A DELEGATE TO CONGRESS. 

decided to take his chance among the candidates, with 
what result we know. 26 

The first we hear of Thurston in his character of 
delegate is on the 24th of January 1850, when he 
rose in the house and insisted upon being allowed to 
make an explanation of his position. When he left 
Oregon, he said, he bore a memorial from the leodsla- 

O O 

tive assembly to congress which he could not produce 
on account of the loss of his baggage on the Isthmus. 
But since he had not the memorial, he had drawn up 
a set of resolutions upon the subjects embraced in the 
memorial, which he wished to offer and have referred 
to their appropriate committees, in order that while 
the house might be engaged in other matters he 
might attend to his before the committees. He had 
waited, he said, nearly two months for an opportunity 
to present his resolutions, and his territory had not 
yet been reached in the call for resolutions. He 
would detain the house but a few minutes, if he might 
be allowed to read what he had drawn up. On leave 
being granted, he proceeded to present, not an abstract 
of the memorial, which has been given elsewhere, but 
a series of questions for the judiciary committee to 
answer, in reference to the rights of the Hudson s 
Bay Company, and Puget Sound Agricultural Associ 
ation. 27 This first utterance of the Oregon delegate, 
when time was so precious and so short in which to 
labor for the accomplishment of high designs, gives 
us the key to his plan, which was first to raise the 
question of any rights of British subjects to Oregon 
lands in fee simple under the treaty, arid then to 
exclude them if possible from the privileges of the 
donation law when it should be framed. 2 * 

26 Thurston was in ill-health when he left Oregon. He travelled in a small 
boat to Astoria, taking six days for the trip; by sailing vessel to San Francisco, 
and to Panama by the steamer Carolina, being ill at the last place, yet having 
to ride across the Isthmus, losing his baggage because he was not able to look 
after the thieving carriers. His determination and ambition were remarkable. 
OdelV* Biography of Thurston, MS. , 56. 

7 For the resolutions complete, see Cong. Globe, 1849-50, 21, pt. i. 220. 

28 That Thurston exceeded the instructions of the legislative assembly 
there is 110 question. See Or. Archives, MS., 185-6. 



IGNOBLE MEASURES. 117 

The two months which intervened between Thurs- 
ton s arrival in Washington and the day when he in 
troduced his resolutions had not been lost. He had 
studied congressional methods and proved himself an 
apt scholar. He attempted nothing without first hav 
ing tried his ground with the committees, and pre 
pared the way, often with great labor, to final success. 
On the 6th of February, further resolutions were 
introduced inquiring into the rights of the Hudson s 
Bay Company to cut and manufacture timber growing 
on the public lands of Oregon, and particuarly on 
lands not inclosed or cultivated by them at the time 
of the ratification of the Oregon treaty; into the 
right of the Puget Sound Agricultural Company to 
any more land than they had under inclosure, or in a 
state of actual cultivation at that time; and into the 
right of the Hudson s Bay Company, under the sec 
ond article of the treaty, or of British subjects trad 
ing with the company, to introduce through the port 
of Astoria foreign goods for consumption in the ter 
ritory free of duty, 29 which resolutions were referred 
to the judiciary committee. On the same day he in 
troduced a resolution that the committee on public 
lands should be instructed to inquire into the expedi 
ency of reporting a bill for the establishment of a 
land office in Oregon, and to provide for the survey 
of a portion of the public lands in that territory, con 
taining such other provisions and restrictions as the 
committee might deem necessary for the proper man 
agement and protection of the public lands. 3( 

In the mean time a bill was before the senate for 
the extinguishment of the Indian title to land west 
of the Cascade Mountains. This was an important 
preliminary step to the passage of a donation act. 31 

29 Cong. Globe, 1849-50, 295. 

10 Id. , 295. A correspondent of the New York Tribune remarks on 
Thurston s resolutions : There are squalls ahead for the Hudson s Bay 
Company. Or. Spectator, May 2, 1850. 

31 See Or. Spectator, April 18, 1850; 31st Cong., 1st Sess., U. S. Acts and 
Res., 26-7; Johnson s Cat. and Or., 332; Cong. Globe, 1849-50, 1076-7; /t/., 
1610; Or. Spectator, Aug. 8, 1850. 



118 A DELEGATE TO CONGRESS. 

It was chiefly suggested by Mr Thurston, and was 
passed April 22d without opposition. Having se 
cured this measure, as he believed, he next brought 
up the topics embraced in the last memorial on which 
he expected to found his advocacy of a donation law, 
and embodied them in another series of resolutions, 
so artfully drawn up 32 as to compel the committee to 
take that view of the subject most likely to promote 
the success of the measure. Not that there was 
reason to fear serious opposition to a law donating a 
liberal amount of land to Oregon settlers. It had for 
years been tacitly agreed to by every congress, and 
could only fail on some technicality. But to get up a 
sympathetic feeling for such a bill, to secure to Ore 
gon ail and more than was asked for through that 
feeling, and to thereby so deserve the approval of the 
Oregon people as to be reflected to congress, was the 
desire of Thurston s active and ardent mind. And 
toward this aim he worked with a persistency that 
was admirable, though some of the means resorted to, 
to bring it about, and to retain the favor of the party 
that elected him, were as unsuccessful as they were 
reprehensible. 

From the first day of his labors at Washington this 
relentless demagogue acted in ceaseless and open hos 
tility to every interest of the Hudson s Bay Company 
in Oregon, and to every individual in any way con 
nected with it. 33 

Thurston, like Thornton, claimed to have been the 
author of the donation land law. I have shown in a 

32 Cong. Globe, 1849-50, 413; Or. Statesman, May 9, 1851. 

13 Here is a sample of the ignorance or mendacity of the man, whichever 
you will. A circular issued by Thurston while in Washington to save letter- 
writing, says, speaking of the country in which Vancouver is located: It 
was formerly called Clarke county; but at a time when British sway was in 
its palmy days in Oregon, the county was changed from Clarke to Vancouver, 
in honor of the celebrated navigator, and no less celebrated slanderer of our 
government and people. Now that American influence rules in Oregon, it is 
due to the hardy, wayworn American explorer to realter the name of this 
county, and grace it again with the name of him whose history is interwoven 
with that of Oregon. So our legislature thought, and so I have no doubt 
they spoke and acted at their recent session. Johnson s Cal. and Or., 267. 
It was certainly peculiar to hear this intelligent legislator talk of counties 



THE DONATION LAND BILL. 119 

previous chapter that a bill creating the office of sur 
veyor-general in Oregon, and to grant donation rights 
to settlers, and for other purposes, was before congress 
in both houses in January 1848, and that it failed 
through lack of time, having to await the territorial 
bill which passed at the last moment. Having been 
crowded out, and other affairs pressing at the next 
session, the only trace of it in the proceedings of con 
gress is a resolution by Collamer, of Vermont, on the 
25th of January 1849, that it should be made the 
special order of the house for the first Tuesday of 
February, when, however, it appears to have been 
forgotten; and it was not until the 22d of April 1850 
that Mr Fitch, chairman of the committee on territo 
ries, again reported a bill on this subject. That the 
bill brought up at this session was but a copy of the 
previous one is according to usage; but that Thurston 
had been at work with the committee some peculiar 
features of the bill show. 34 

There was tact and diplomacy in Thurston s char 
acter, which he displayed in his short congressional 

in Oregon before the palmy days of British sway, and of British residents 
naming counties at all. While Thurston was in Washington, the postmaster- 
general changed the name of the postoffice at Vancouver to Columbia City. 
Or. Statesman, May 28, 1851. 

31 Thornton alleges that he presented Thurston before leaving Oregon with 
a copy of his bill, Or. Hist., MS., 13, and further that the donation law we 
now have, except the llth section and one or two unimportant amendments, 
is an exact copy of the bill I prepared. Or. Pioneer Asso. frarn. 1874, 94. 
Yet when Thurston lost his luggage on the Isthmus he lost all his papers, 
and could not have made an exact copy from memory. In another place he 
says that before leaving Washington he drew up a land bill which he sent to 
Collamer in Vermont, and would have us believe that this was the iden 
tical bill which finally passed. Not knowing further of the bill than what 
was stated by Thornton himself, I would only remark upon the evidence 
that Collamer s term expired before 1850, though that might not have pre 
vented him from introducing any suggestions of Thornton s into the bill 
reported in January 1849. But now comes Thornton of his. own accord, and 
admits he has claimed too much. He did, he says, prepare a territorial and 
also a land bill, but on further reflation, and after consulting others, I 
deemed it not well to have these new bills offered, it having been suggested 
that the bills already pending in both houses of congress could be amended 
by incorporating into them whatever there was in my bills not already pro 
vided for in the bills which in virtue of their being already on the calendar 
would be reached before any bills subsequently introduced. From a letter 
dated August 8, 1882, which is intended as an addendum to the Or. Hint., 
MS., of Thornton. 



120 A DELEGATE TO CONGRESS. 

career. He allowed the land bill to drift along, mak 
ing only some practical suggestions, until his resolu 
tions had had time to sink into the minds of members 
of both houses. When the bill was well on its way 
he proposed amendments, such as to strike out of 
the fourth section that portion which gave every set 
tler or occupant of the public lands above the age of 
eighteen a donation of three hundred arid twenty acres 

o / 

of land if a single man, and if married, or becoming 
married within a given time, six hundred and forty 
acres, one half to himself in his own right, and the 
other half to his wife in her own right, the surveyor- 
general to designate the part inuring to each; 35 and 
to make it read " that there shall be, and hereby is 
granted to every white male settler, or occupant of the 
public lands, American half-breeds included, members 
and servants of the Hudson s Bay and Puget Sound 
companies excepted," etc. 

He proposed further a proviso "that every foreigner 
making claim to lands by virtue of this act, before 
he shall receive a title to the same, shall prove to 
the surveyor-general that he has commenced and com 
pleted his naturalization and become an American 
citizen." The proviso was not objected to, but the 
previous amendment was declared by Bowlin, of Mis 
souri, unjust to the retired servants of the fur com 
pany, who had long lived on and cultivated farms. 
The debate upon this part of the bill became warm, 
and Thurston, being pressed, gave utterance to the 
following infamous lies: 

"This company has been warring against our gov 
ernment these forty years. Dr McLoughlin has been 
their chief fugleman, first to cheat our government 
out of the whole country, and next to prevent its 
settlement. He has driven men from claims and from 



35 This was the principle of the donation law as passed. The surveyor- 
general usually inquired of the wife her choice, and was gallant enough to 
give it her; hence it usually happened that the portion having the dwelling 
and improvements upon it went to the wife. 



THE CHIEF OF LIARS. 121 

the country to stifle the efforts at settlement. In 
1845 he sent an express to Fort Hall, eight hundred 
miles, to warn the American emigrants that if they 
attempted to come to Willamette they would all be 
cut off; they went, and none were cut off. . . I was 
instructed by rny legislature to ask donations of land 
to American citizens only. The memorial of the 
Oregon legislature was reported so as to ask dona 
tions to settlers, and the word was stricken out, and 
citizens inserted. This, sir, I consider fully bears me 
out in insisting that our public lands shall not be 
thrown into the hands of foreigners, who will not 
become citizens, and who sympathize with us with 
crocodile tears only. 36 ... I can refer you to the su 
preme judge of our territory 37 for proof that this Dr 
McLoughlin refuses to file his intention to become an 
American citizen. 38 If a foreigner would bona fide 
file his intentions I would not object to give him land. 
There are many Englishmen, members of the Hudson s 

36 The assertion contained in this paragraph that the word settler was 
altered to citizen in the memorial was also untrue. I have a copy of the 
memorial signed by the chief cherk of both the house and council, and in 
scribed, Passed July 26, 1849, in which congress is asked to make a grant of 
640 acres of land to each actual settler, including widows and orphans. Or. 
Archives, MS., 177. 

37 Bryant was then in Washington to assist in the missionary scheme, of 
which, as the assignees of Abernethy, both he and Lane were abettors. 

88 Thurston also knew this to be untrue. William J. Berry, writing in 
the Spectator, Dec. 26, 1850, says: Now, I assert that Mr Thurston knew, 
previous to the election, that Dr McLoughlin had filed his intentions. I 
heard him say, in a stump speech at the City Hotel, that he expected his (the 
doctor s) vote. At the election I happened to be one of the judges. Dr 
McLoughlin came up to vote; the question was asked by myself, if he had 
filed his intentions. The clerk of the court, George L. Curry, Esq. , who was 
standing near the window, said that he had. He voted. Says McLoughlin: 
I declared my intention to become an American citizen on the 30th of May, 
1849, as any one may see who will examine the records of the court. Or. 
Spectator, Sept. 12, 1850. Waldo, testifies: Thurston lied on the doctor. 
He did it because the doctor would not vote for him. He lied in congress, 
and got others to write lies from here about him men who knew nothing 
about it. They falsified about the old doctor cheating the people, setting the 
Indians on them, and treating them badly. Critiques, MS., 15. Says Apple- 
gate: Thurston asserted among many other falsehoods, that the doctor utterly 
refused to become an American citizen, and Judge Bryant endorsed the asser 
tion. Historical Correspondence, MS., 14. Says Grover: The old doctor 
was looking to becoming a leading American citizen until this difficulty oc 
curred in regard to his land. He had taken out naturalization papers. All 
his life from young manhood had been spent in the north-west; and he was 
not going to leave the country. Public Life in Or., MS., 91. 



122 A DELEGATE TO CONGRESS. 

Bay Company, who would file their intention merely 
to get the land, and then tell you to whistle. Now, 
sir, I hope this house, this congress, this country, will 
not allow that company to stealthily get possession of 
all the good land in Oregon, and thus keep it out 
of the hands of those who would become good and 
worthy citizens." 39 

Having prepared the way by a letter to the house 
of representatives for introducing into the land bill a 
section depriving McLoughlin of his Oregon City 
claim, which he had the audacity to declare was first 
taken by the Methodist mission, section eleventh of 
the law as it finally passed, and as it now stands upon, 
the sixty- eighth page of the General Laws of Ore 
gon, was introduced and passed without opposition. 
Judge Bryant receiving his bribe for falsehood, by 
the reservation of Abernethy Island, which was "con 
firmed to the legal assigns of the Willamette Milling 
and Trading Company," while the remainder, except 
lots sold or given away by McLoughlin previous to 
the 4th of March 1849, should be at the disposal of 
the legislative assembly of Oregon for the establish 
ment and endowment of a university, to be located 
not at Oregon City, but at such place in the territory 
as the legislature might designate. Thus artfully did 
the servant of the Methodist mission strive for the 
ruin of McLoughlin and the approbation of his con 
stituents, well knowing that they would not feel so 
much at liberty to reject a bounty to the cause of 
education, as a gift of any other kind. 40 

39 Conrj. Globe, 1849-50, 1079. 

40 In Thurston s letter to the house of representatives he appealed to them 
to pass the land bill without delay, on the ground that Oregon was becoming 
depopulated through the neglect of congress to keep its engagement. The 
people of the States had, he declared, lost all confidence in their previous belief 
that a donation law would be passed; and the people in the territory were 
ceasing to improve, were going to California, and when they were fortunate 
enough to make any money, were returning to the Atlantic States. Our pop 
ulation, he said, is dwindling away, and our anxieties and fears can easily be 
perceived. Of the high water of 1849-50, which carried away property and 
damaged mills to the amount of about $300,000, he said: The owners who have 
means dare not rebuild because they have no title. Each man is collecting 
his means in anticipation that he may leave the country. And this, although 



OVERREACHED HIMSELF. 123 

In his endeavor to accomplish so much villany the 
delegate failed. The senate struck out a clause in the 
fourth section which required a foreigner to emigrate 
from the United States, and which he had persuaded 
the house to adopt by his assertions that without it 
the British fur company would secure to themselves 
all the best lands in Oregon. Another clause insisted 
on by Thurston when he found he could not exclude 
British subjects entirely, was that a foreigner could 
not become entitled to any land notwithstanding his 
intentions were declared, until he had completed his 
naturalization, which would require two years; and 
this was allowed to stand, to the annoyance of the 
Canadian settlers who had been twenty years on their 
claims. 41 But the great point gained in Thurston s 
estimation by the Oregon land bill was the taking- 
away from the former head of the Hudson s Bay 
Company of his dearly bought claim at the falls of 
the Willamette, where a large portion of his fortune 
was invested in improvements. The last proviso of 
the fourth section forbade any one claiming under the 
land law to claim under the treaty of 1 846. McLough- 
lin, having 1 declared his intention to become an Ameri- 

o 

can citizen was no longer qualified to claim under the 
treaty, and congress having, on the representations of 
Thurston, taken from McLoughlin what he claimed 
under the land law there was left no recourse what 
ever. 42 

he had told Johnson, California and Oregon, which see, page 252, exactly 
the contrary. See Or. Spectator, Sept. 12th, and compare with the following: 
There were 38 mills in Oregon at the taking of the census of 1850, and a fair 
proportion of them ground wheat. They were scattered through all the 
counties from the sound to the head of the Willamette Valley. Or. Statesman, 
April 25, 1851; and with this: The census of 1849 showed a population of 
over 9,000, about 2,000 being absent in the mines. The census of 1850 
showed over 13,000, without counting the large immigration of that year or 
the few settlers in the most southern part of Oregon. Or. Statesman, April 
10th and 25, 1851. 

41 Cong. Globe, 1849-50, 1853. 

42 Says Applegate: It must have excited a kind of fiendish merriment in 
the hearts of Bryant arid Thurston; for notwithstanding their assertions to 
the contrary, both well knew that the doctor by renouncing his allegiance to 
Great Britain had forfeited all claims as a British subject. Historical Cor 
respondence, MS., 15. 



124 A DELEGATE TO CONGRESS. 

I have said that Thurston claimed the Oregon land 
bill as his own. It was his own so far as concerned 
the amendments which damaged the interests of men 
in the country whom he designated as foreigners, but 
who really were the first white persons to maintain a 
settlement in the country, and who as individuals, 

*/ * 

were in every way entitled to the same privileges 
as the citizens of the United States, and who had 
at the first opportunity offered themselves as such. 
In no other sense was it his bill. There was not an 
important clause in it which had not been in contem 
plation for years, or which was not suggested by the 
frequent memorials of the legislature on the subject. 
He worked earnestly to have it pass, for on it, he 
believed, hung his reelection. So earnestly did he 
labor for the settlement of this great measure, and for 
all other measures which he knew to be most desired, 
that though they knew he was a most selfish and 
unprincipled politician, the people gave him their 
gratitude. 43 

A frequent mistake of young, strong, talented, but 
inexperienced and unprincipled politicians, is that of 
going too fast and too far. Thurston was an exceed 
ingly clever fellow ; the measures which he took upon 
himself to champion, though in some respects unjust 
and infamous, were in other respects matters which lay 
very near the heart of the Oregon settler. But like 
Jason Lee, Thurston overreached himself. The good 
that he did was dimmed by a sinister shadow. In 
September a printed copy of the bill, containing the 
obnoxious eleventh section, with a copy of his letter 
to the house of representatives, and other like matter, 
was received by his confidants, together with an in 
junction of secrecy until sufficient time should have 

43 Grover, Public Life in Oregon, MS., 98-9, calls the land bill Thurston s 
work, based upon Linn s bill; but Grover simply took Thurston s word for it, 
he being then a young man, whom Thurston persuaded into going to Oregon. 
Johnson s Cal. and Or., which is, as to the Oregon part, merely a reprint of 
Thurston s papers, calls it Thurston s bill. Mines, Or. and Institutions, does 
the same; but any one conversant with the congressional and legislative 
history of Oregon knows better. 



McLOUGHLIN S REPLY. 125 

passed for the bill to become a law. 44 When the vile 
injustice to John McLoughlin became known, those 
of Thurston s friends who were not in the conspiracy 
met the charge with scornful denial. They would not 
believe it. 45 And when time had passed, and the mat 
ter became understood, the feeling was intense. Me- 

o 

Loughlin. as he had before been driven bv the thrusts 

O %j 

of his enemies to do, replied through the Spectator 
to the numerous falsehoods contained in the letter. 46 
He knew that although many of the older settlers 

44 Keep this still, writes the arch schemer, till next mail, when I shall 
send them generally. The debate on the California bill closes next Tuesday, 
when I hope to get passed my land bill; keep dark til next mail. Thurston. 
June 9, 1850. Or. Spectator, Sept. 12, 1850. 

45 Wilson Blain, who was at that time editor of the Spectator, as Robert 
Moore was proprietor, found himself unable to credit the rumor. We ven 
ture the assertion, he says, that the story was started by some malicious or 
mischief-making person for the purpose of preventing the improvement of 
Clackarnas rapids. Or. Spectator, Aug. 22, 1850. 

* 6 He says that I have realized, up to the 4th of March 1849, $200,000 from 
sale of lots; this is also wholly untrue. I have given away lots to the Metho 
dists, Catholics, Presbyterians, Congregationalists, and Baptists. I have 
given eight lots to a Roman Catholic nunnery, and eight lots to the Clacka- 
mas Female Protestant seminary, incorporated by the Oregon legislature. 
The trustees are all Protestants, though it is well known I am a Roman 
Catholic. In short, in one way and another I have donated to the county, 
to schools, to churches, and private individuals, more than three hundred 
town lots, and I never realized in cash $20,000 from all the original sales I 
ever made ... I was a chief factor in the Hudson s Bay Company service, and 
by the rules of the company enjoy a retired interest, as a matter of right. 
Capt. McNeil, a native-born citizen of the United States of America, holds 
the same rank that I held in the Hudson s Bay Company s service. He never 
was required to become a British subject; he will be entitled, by the laws of 
the company, to the same retired interest, no matter to what country he may 
owe allegiance. After declaring that he had taken out naturalization papers, 
and that Thurston was aware of it, and had asked him for his vote and influ 
ence, but that he had voted against him, he says: But he proceeds to refer 
to Judge Bryant for the truth of his statement, in which he affirms that I 
assigned to Judge Bryant as a reason why I still refused to declare my inten 
tion to become an American citizen, that I could not do it without prejudic 
ing my standing in England. I am astonished how the supreme judge could 
have made such a statement, as he had a letter from me pointing out that I 
had declared my intention of becoming an American citizen. The cause 
which led to my writing this letter is that the island, called Abernethy s 
Island by Mr Thurston, and which he proposes to donate to Mr Abernethy, 
his heirs and assigns, is the same island which Mr Hathaway and others 
jumped in 1841, and formed themselves into a joint stock company, and 
erected a saw and grist-mill on it, as already stated. From a desire to pre 
serve the peace of the country, I deferred bringing the case to a trial til the 
government extended its jurisdiction over the country; but when it had done 
so, a few days after the arrival of Judge Bryant, and before the courts were 
organized, Judge Bryant bought the island of George Abernethy, Esq., who 
had bought the stock of the other associates, and as the island was in Judge 
Bryant s district, and as there were only two judges in the territory, I 



126 A DELEGATE TO CONGRESS. 

understood the merits of the case, all classes were 
to be appealed to. There were those who had no 
regard for truth or justice; those who cared more 
for party than principle; those who had ignorantly 
believed the charges made against him; and those 
who, from national, religious, or jealous feelings, were 
united in a crusade against the man who represented 
in their eyes everything hateful in the British char 
acter and unholy in the Catholic religion, as well as 
the few who were wilfully conspiring to complete the 
overthrow of this British Roman Catholic aristocrat. 
There were others besides McLouodilin who felt 

o 

themselves injured; those who had purchased lots in 
Oregon City since the 4th of March 1849. Notice 
was issued to these property-holders to meet for the 
purpose of asking congress to confirm their lots to 
them also. Such a meeting was held on the 19th of 
September, in Oregon City, Andrew Hood being 
chairman, and Noyes Smith secretary. The meeting 
was addressed by Thornton and Pritchett, and a 
memorial to congress prepared, which set forth that 
the Oregon City claim was taken and had been held 
in accordance w r ith the laws of the provisional and 
territorial governments of Oregon; and that the 
memorialists considered it as fully entitled to pro 
tection as any other claim; no intimation to the 
contrary ever having been made up to that time. 
That under this impression, both before and since the 
4th of March 1849, large portions of it, in lots and 
blocks, had been purchased in good faith by many 
citizens of Oregon, who had erected valuable buildings 
thereon, in the expectation of having a complete and 
sufficient title when congress should grant a title to 

thought I could not at the time bring the case to a satisfactory decision. I 
therefore deferred bringing the case to a time when the bench would be full . . . 
Can the people of Oregon City believe that Mr Thurston did not know, some 
months before he left this, that Mr Abernethy had sold his rights, whatever 
they were, to Judge Bryant, and therefore proposing to congress to donate 
this island to Mr Abernethy, his heirs and assigns, was in fact, proposing to 
donate it to Judge Bryant, his heirs and assigns. Or. Spectator, Sept. 12, 
1850. 



OREGON CITY CLAIM. 127 

the original occupant. That since the date mentioned, 
the occupant of the claim had donated for county, 
educational, charitable, and religious purposes more 
than two hundred lots, which, if the bill pending 
should pass, would be lost to the public, as well as a 
great loss sustained by private individuals who had 
purchased property in good faith. They therefore 
prayed that the bill might not pass in its present 
form, believing that it would work a "severe, inequi 
table, unnecessary, and irremediable injustice." The 
memorial was signed by fifty-six persons, 47 and a reso 
lution declaring the selection of the Oregon City 
claim for reservation uncalled for by any consider 
able portion of the citizens of the territory, and as 
invidious and unjust to McLoughlin, was offered by 
Wait and adopted, followed by another by Thorn 
ton declaring that the gratitude of multitudes of 
people in Oregon was due to John McLoughlin for 
assistance rendered them. In some preliminary re 
marks, Thornton referred to the ingratitude shown 
. 

their benefactor, by certain persons who had not paid 
their debts to McLoughlin, but who had secretly 
signed a petition to take away his property. Mc 
Loughlin also refers to this petition in his newspaper 
defence; but if there was such a petition circulated 
or sent it does not appear in any of the public docu 
ments, and must have been carefully suppressed by 
Thurston himself, and only used in the committee 
rooms of members of congress. 48 

47 The names of the signers were: Andrew Hood, Noyes Smith, Forbes 
Barclay, A. A. Skinner, James D. Holman, W. C. Holman, J. Quinn Thorn 
ton, Walter Pomeroy, A. E. Wait, Joseph 0. Lewis, James M. Moore, Robert 
Moore, R. R. Thompson, George H. Atkinson, M. Crawford, Wm. Hood, 
Thomas Lowe, Wm. B. Campbell, John Fleming, G. Hanan, Robert Canfield, 
Alex. Brisser, Samuel Welch, Gustavus A. Cone, Albert Gaines, W. H. 
Tucker, Arch. McKinlay, Richard McMahon, David Burnsides, Hezekiah 
Johnson, P. H. Hatch, J. L. Morrison, Joseph Parrott, Ezra Fisher, Geo. T. 
Allen, L. D. C. Latourette, D. D. Tompkins, Wm. Barlow, Amory Holbrook, 
Matthew Richardson, John McClosky, Wm. Holmes, H. Burns, Wm. Chap 
man, Wm. K. Kilborn, J. R. Ralston, B. B. Rogers, Chas. Friedenberg, 
Abraham Wolfe, Samuel Vance, J. B. Backenstos, John J. Chandler. S. W. 
Moss, James Winston Jr., Septimus Huelot, Milton Elliott. Or. Spectator, 
Sept. 26, 1850. 

48 Considering the fact that Thornton had been in the first instance the 



328 A DELEGATE TO CONGRESS. 

Not long after the meeting at Oregon City, a pub 
lic gathering of about two hundred was convened at 
Salem for the purpose of expressing disapproval of the 
resolutions passed at the Oregon City meeting, and 
commendation of the cause of the Oregon delegate. 49 

In November a meeting was held in Linn county 
at which resolutions were passed endorsing Thurston 
and denouncing McLoughlin. Nor were there want 
ing those who upheld the delegate privately, and who 
wrote approving letters to him, assuring him that he 
was losing no friends, but gaining them by the score, 
and that his course with regard to the Oregon City 
claim would be sustained. 5( 

Mr Thurston has been since condemned for his 
action in the matter of the Oregon City claims. But 
even while the honest historian must join in reprobat- 

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

49 William Shaw, a member of the committee framing these resolutions, 
says, in his Pioneer Life, MS., 14-15: I came here, to Oregon City, and 
spent what money I had for flour, coffee, and one thing and another; and I 
went back to the Hudson s Bay Company and bought 1,000 pounds of flour 
from Douglass. I was to pay him for it after I came into the Valley. He 
trusted me for it, although he had never seen me before. I took it up to the 
Dalles and distributed it among the emigrants. W. C. Hector has, in later 
years, declared that McLoughlin was the father of Oregon. McLoughlin little 
understood the manner in which public sentiment is manufactured for party 
or even for individual purposes, when he exclaimed indignantly: No mail 
could be found to assert that he had done the things alleged. 

OdeWi> Biog. of Thurtton, MS., 26. 



UPHOLDING THE WRONG. 129 

ing his unscrupulous sacrifice of truth to secure his 
object, the people then in Oregon should be held as 
deserving of a share in the censure which has attached 
to him. His course had been marked out for him by 
those who stood high in society, and who were leaders 
of the largest religious body in Oregon. He had been 
elected by a majority of the people. The people had 
been pleased and more than pleased with what he had 
done. When the alternative had been presented to 
them of condemning or endorsing him for this single 
action, their first impulse was to sustain the man who 
had shown himself their faithful servant, even in the 
wrong, rather than have his usefulness impaired. Al 
most the only persons to protest against the robbery 
of McLou^hlin were those who were made to suffer 

o 

with him. All others either remained silent, or wrote 
encouraging letters to Thurston, and as Washington 
was far distant from Oregon he was liable to be de 
ceived. 51 

When the memorial and petition of the owners of 
lots in Oregon City, purchased since the 4th of March 
1849, came before congress, there was a stir, because 
Thurston had given assurances that he was acting 
in accordance with the will of the people. But the 
memorialists, with a contemptible selfishness not unu 
sual in mankind, had not asked that McLoughlin s 
claim might be confirmed to him, but only that their 
lots might not he sacrificed. 

Thurston sought everywhere for support. While 
in Washington he wrote to Wyeth for testimony 
against McLoughin, but received from that gentleman 
only the warmest praise of the chief factor. Sus 
pecting Thurston s sinister design Wyeth even wrote 

51 Thornton wrote several articles in vindication of McLoughlin s rights; 
but he was employed by the doctor as an attorney. A. E. Wait also denounced 
Thurston s course; but he also was at one time employed by the doctor. 
Wait said : I believed him (Thurston) to be strangely wanting in discretion} 
morally and politically corrupt; towering in ambition, and unscrupulous o| 
the means by which to obtain it; fickle and suspicious in friendship; implaca 
ble and revengeful in hatred, vulgar in speech, and prone to falsehood. Or. 
Spectator, March 20, 1851. 

HIST. OB., VOL. II. 



130 A DELEGATE TO CONGRESS. 

to Winthrop, of Massachusetts, cautioning him against 
Thurston s misrepresentations. Then Thurston pre 
pared an address to the people of Oregon, covering 
sixteen closely printed octavo pages, in which he re 
counts his services and artifices. 

With no small cunning he declared that his reason 
for not asking congress to confirm to the owners lots 
purchased or obtained of McLoughlin after the 4th 
of March, 1849, was because he had confidence that 
the legislative assembly would do so ; adding that the 
bill was purposely so worded in order that McLough 
lin would have no opportunity of transferring the 
property to others who w r ould hold it for him. Thus 
careful had he been to leave no possible means by 
which the man who had founded and fostered Oregon 
City could retain an interest in it. And having openly 
advocated educating the youth of Oregon with the 
property wrested from the venerable benefactor of 
their fathers and mothers, he submitted himself for 
reelection, 52 while the victim of missionary and per 
sonal malice began the painful and useless struggle to 
free himself from the toils by which his enemies had 
surrounded him, and from which he never escaped dur 
ing the few remaining years of his life. 53 

52 Address to the Electors, 12. 

63 McLoughlin died September 3, 1857, aged 73 years. He was buried in 
the enclosure of the Catholic church at Oregon City; and on his tombstone, a 
plain slab, is engraved the legend: The Pioneer and Friend of Oregon; also 
The Founder of this City. He laid his case before congress in a memorial, 
with all the evidence, but in vain. Lane, who was then in that body as a 
delegate from Oregon, and who was personally interested in defeating the 
memorial, succeeded in doing so by assertions as unfounded as those of 
Thurston. This blunt old soldier, the pride of the people, the brave killer of 
Indians, turned demagogue could deceive and cheat with the best of them. 
See Cong. Globe, 1853-4, 1080-82, and Letter of Dr McLowjhlin, in Portland 
Ore<~/onian, July 22, 1854. Toward the close of his life McLoughlin yielded 
to the tortures of disease and ingratitude, and betrayed, as he had never done 
before, the unhappiness his enemies had brought upon him. Shortly before 
his death he said to Grover, then a young man : I shall live but a little while 
longer; and this is the reason that I sent for you. I am an old man and just 
dying, and you are a young man and will live many years in this country. 
As for me, I might better have been shot and he brought it out harshly 
like a bull; I might better have been shot forty years ago ! After a silence, 
for I did not say anything, he concluded, than to have lived here, and tried 
to build up a family and an estate in this government. I became a citizen of 
the United States in good faitii. I planted all I had here, and the govern- 



DEATH OF McLOUGHLIN. 131 

When the legislative assembly met in the autumn 
of 1850 it complied with the suggestion of Thurston, 
so far as to confirm the lots purchased since March 
1849 to their owners, by passing an act for that pur 
pose, certain members of the council protesting. 54 This 
act was of some slight benefit to McLoughlin, as it 
stopped the demand upon him, by people who had 
purchased property, to have their money returned. 55 
Further than this they refused to go, not having a 
clear idea of their duty in the matter. They neither 
accepted the gift nor returned it to its proper owner, 
and it was not until 1852, after McLoughlin had com 
pleted his naturalization, that the legislature passed 
an act accepting the donation of his property for the 
purposes of a university. 56 Before it was given back 
to the heirs of McLoughlin, that political party to 
which Thurston belonged, and which felt bound to 
justify his acts, had gone out of power in Oregon. 
Since that time many persons have, like an army in 
a wilderness building a monument over a dead com 
rade by casting each a stone upon his grave, placed 
their tribute of praise in my hands to be built into 

ment has confiscated my property. Now what I want to ask of you is, that 
you will give your influence, after I am dead, to have this property go to my 
children. I have earned it, as other settlers have earned theirs, and it ought 
to be mine and my heirs . I told him, said Grover, I would favor his 
request, and I always did favor it; and the legislature finally surrendered the 
property to his heirs. Pub. Life, MS., 88-90. 

61 Waymire and Miller protested, saying that it was not in accordance 
with the object of the donation, and was robbing the university; that the 
assembly were only agents in trust, and had no right to dispose of the prop 
erty without a consideration. Or. Spectator, Feb. 13, 1851. 

55 My father paid back thousands of dollars, says Mrs Harvey. Life of 
McLour/hlin, MS., 38. 

56 The legislature of 1852 accepted the donation. In 1853-4 a resolution 
was offered by Orlando Humason thanking McLoughlin for his generous con 
duct toward the early settlers; but as it was not in very good taste wrongfully 
to keep a man s property while thanking him for previous favors, the reso 
lution was indefinitely postponed. In 1855-6 a memorial was drawn up by 
the legislature asking that certain school lands in Oregon City should ba 
restored to John McLoughlin, and two townships of land in lieu thereof 
should be granted to the university. Salem, Or. Statesman, Jan 29th and Feb. 
5, 1856. Nothing was done, however, for the relief of McLoughlin or his 
heirs until 1862, when the legislature 4 conveyed to the latter for the sum of 
$1,000 the Oregon City claim; but the long suspension of the title had driven 
money seeking investment away from the place and materially lessened its 
value. 



132 A DELEGATE TO CONGRESS. 

the monument of history testifying one after another 
to the virtues, magnanimity, and wrongs of John Mo 
Loughlin. 57 

Meanwhile, and though reproved by the public 
prints, by the memorial spoken of, and by the act of 
the legislature in refusing to sanction so patent an 
iniquity, 53 the Oregon delegate never abated his in 
dustry, but toiled on, leaving no stone unturned to 
secure his reelection. He would compel the appro 
bation and gratitude of his constituency, to whom he 
was ever pointing out his achievements in their be 
half. 5 The appropriations for Oregon, besides one 
hundred thousand dollars for the Cavuse war ex- 

/ 

penses, amounted in all to one hundred and ninety 
thousand dollars. 60 

57 McKinlay, his friend of many years, comparing him with Douglas, 
remarks that McLoughlin s name will go down from generation to generation 
when Sir James Douglas will be forgotten, as the maker of Oregon, and one 
of the best of men. Campion s Forts and Fort Life, MS., 2. Finlayson says 
identically the same in Vane. Isl. and /V. W. Coast, MS., 28-30. There are 
similar observations in Minto s Early Days, MS. , and in Waldo s Critiques, 
MS.; Brown s Willamette, Valley, MS.; Parrish s Or. Anecdotes, MS.; Joseph 
Watt, in Palmer s Wagon Trains, MS.; Rev. Geo. H. Atkinson, in Oregon 
Colonist, 5; M. P. Deady, in Or. Pioneer Assoc., Trans., 1875, 18; W. H. Ree.\ 
Id., 1879, 31; Grover s Public Life in Or., MS., 86-92; Ford s Roadmakrrs, 
MS.; Crawford s Missionaries, MS.; Moss Pioneer Times, MS.; Burnett s 
Recollections, MS., i. 91-4, 273-4, 298, 301-3; Mrs E. M. Wilson, in Oregon 
Sketches, MS., 19-21; Blanchet s Cath. Ch. in Or., 71; Chadwick s Pub. Records, 
MS., 4-5; H. H. Spalding, in 27th Cong., 2dSess., 830, 57; Ebbert s Trapper s 
Life, MS., 36-7; Petti/grove s Oregon, MS., 1-2, 5-6; Lovejoy s Portlanl, MS., 
37; Anderson s Hist. N. W. Coast., MS., 15-16; Appl&jate s Views of Hist., 
MS., 12, 15-16; Id., in Saxon s Or. Ter., 131-41; C. Lancaster, in Cong. Globe, 
1853-4, 1080, and others already quoted. 

58 Or. Spectator, Dec. 19 and 26, 1850. 

59 W. W. Buck, who was a member of the council, repudiated the idea 
that Oregon was indebted to Thurston for the donation law, which Linn and 
Benton had labored for long before, and asserted that he had found congress 
ready and willing to bestow the long promised bounty. And as to the appro 
priations obtained, they were no more than other territories east of the moun 
tains had received. 

6 The several amounts were, $20,000 for public buildings; $20,000. for a 
penitentiary; $53,140 for lighthouses at Cape Disappointment, Cape Flattery, 
and New Dungeness, and for buoys at the mouth of the Columbia River; 
$25,000 for the purposes of the Indian bill; $24,000 pay for legislature, 
clerks hire, office rents, etc; $15,000 additional Indian fund; $10,000 de 
ficiency fund to make up the intended appropriation of 1848, which had 
merely paid the expenses of the messengers, Thornton and Meek; $10,000 for 
the pay of the superintendent of Indian affairs, his clerks, office rent, etc.; 
$10,500, salaries for the governor, secretary, and judges; $1,500 for taking 



PERSISTENT EFFORT. 133 

Mr Thurston set an example, which his immediate 
successors were compelled to imitate, of complete con 
formity to the demands of the people. He aspired to 
please all Oregon, and he made it necessary for those 
who came after him to labor for the same end. It 
was a worthy effort when not carried too far; but no 
man ever yet succeeded for any length of time in act 
ing upon that policy; though there have been a few 
who have pleased all by a wise independence of all. 
In his ardor and inexperience he went too far. He 
not only published a great deal of matter in the east 
to draw attention to Oregon, much of which was cor 
rect, and some of which was false, but he wrote 
letters to the people of Oregon through the Specta 
tor? 1 showing forth his services from month to month, 
and giving them advice which, while good in itself, 
was akin to impudence on the part of a young man 
whose acquaintance with the country was of recent 
date. But this was a part of the man s temperament 
and character. 

Congress passed a bounty land bill, giving one 
hundred and sixty acres to any officer or private who 
had served one year in any Indian war since 1790, 
or eighty acres to those who had served six months. 
This bill might be made to apply to those who had 
served in the Cayuse war, and a bill to that effect 
was introduced by Thurston s successor; but Thurston 
had already thought of doing something for the old 
soldiers of 1812 and later, many of whom were set 
tlers in Oregon, by procuring the passage of a bill 
establishing a pension agency. 62 

He kept himself informed as well as he could of 
everything passing in Oregon, and expressed his ap 
proval whenever he could. He complimented the 

the census; $1,500 contingent fund; and a copy of the exploring expedition 
for the territorial library. 31st Cong., 1st Sess., U. S. Acts and Res., 13, 27, 
28, 31, 72, 111, 159-60, 192, 198; Or. Spectator, Aug. 8th and 22d, and Oct. 
24, 1850. 

n Or. Spectator, from Sept. 26th to Oct. 17, 1850. 

62 Cong. Globe, 1849-50, 564. Theophilus Magruder was appointed pension 
agent. Or. Spectator, July 25, 1850. 



134 A DELEGATE TO CONGRESS. 

school superintendent, McBride, on the sentiments 
uttered in his report. He wrote to William Meek of 
Milwaukie that he was fighting hard to save his land 
claim from being reserved for an ordnance depot. 
He procured, unasked, the prolongation of the legisla 
tive session of 1850 from sixty to ninety days, for 
the purpose of giving the assembly time to perfect a 
good code, and also secured an appropriation sufficient 
to meet the expense of the long session. 63 He secured, 
when the cheap postage bill was passed, the right of 
the Pacific coast to a rate uniform with the Atlantic 
states, whereas before the rate had been four times as 
high; and introduced a bill providing a revenue cutter 
for the district of Oregon, and for the establishment of 
a marine hospital at Astoria; presented a memorial 
from the citizens of that place asking for an appropria 
tion of ten thousand dollars for a custom-house; and 
a bill to create an additional district, besides applica 
tion for additional ports of entry on the southern 
coast of Oregon. 

In regard to the appropriation secured of $100,000 
for the Cayuse war, instead of $150,000 asked for, 
Thurston said he had to take that or nothing. No 
money was to be paid, however, until the evidence 
should be presented to the secretary of the treasury 
that the amount claimed had been expended. 64 

This practically finished Mr Thurston s work for 
the session, and he so wrote to his constituents. The 
last of the great measures for Oregon, he said, had 
been consummated; but they had cost him dearly, as 
his impaired health fearfully admonished him. But 
he declared before God and his conscience he had 
done all that he could do for Oregon, and with an eye 
single to her interests. He rejoiced in his success; 

63 Id., Oct. 10, 1850; 31st Cony., IstSess., U. S. Acts and Res., 31. 

64 A memorial was received from the Oregon legislature after the passage 
of the bill dated Dec. 3, 1850, giving the report of A. E. Wait, commis 
sioner, stating that he had investigated and allowed 340 claims, amounting in 
all to $87,230.53; and giving it as his opinion that the entire indebtedness 
would amount to about $150, 000. 31st Cong., %d Sess., Sen. Misc. Doc. 29, 3-11. 



DECLINE OF INFLUENCE. 135 



and though slander might seek to destroy him, it 
could not touch the destiny of the territory. 65 

Between the time of the receipt of the first copy 
of the land bill and the writing of this letter partisan 
feeling had run high in Oregon, and the newspapers 
were filled with correspondence on the subject. Much 
of this newspaper writing would have wounded the 
delegate deeply, but he was spared from seeing it by 
the irregularity and insufficiency of the mail trans 
portation, 66 which brought him no Oregon papers for 
several months. 

It soon became evident, notwithstanding the first 
impulse of the people to stand by their delegate, that 
a reaction was taking place, and the more generous- 
minded were ashamed of the position in which the 
eleventh section of the land bill placed them in the 
eyes of the world; that with the whole vast territory 
of Oregon wherein to pick and choose they must 
needs force an old man of venerable character from 
his just possessions for the un-American reason that 
he was a foreigner born, or had formerly been the 
honored head of a foreign company. It was w T ell un 
derstood, too, whence came the direction of this vin 
dictive action, and easily seen that it would operate 
against the real welfare of the territory. 

The more time the people had in which to think 
over the matter, the more easily were they convinced 
that there were others who could fill Thurston s place 
without detriment to the public interests. An in 
formal canvass then began, in which the names 67 of 

65 Or. Spectator, April 3, 1851. The appropriations made at the second 
session of the 31st Congress for Oregon were for the expenses of the territory 
$36,000; for running base and meridian lines, $9,000; for surveying in Ore 
gon, $51,840; for a custom-house, $10,000; for a light-house and fog-signal at 
Umpqua River, $15,000; for fog-signals at the light-houses to be erected at 
Disappointment, Flattery, and New Dungeness, $3,000. 

66 Writing Jan. 8th, he says: September is the latest date of a paper I have 
seen. I am uninformed as yet what the cause is, only from what I expe 
rienced once before, that the steamer left San Francisco before the arrival 
of, or without taking the Oregon mail. Or, Spectator, April 10, 1850. 

67 There are many very worthy and meritorious citizens who migrated to 
this country at an early day to choose from. I would mention the names of 
some of the number, leaving the door open, however, to suggestions from 



136 A DELEGATE TO CONGRESS. 

several well known citizens and early settlers were 
mentioned; but public sentiment took no form before 
March, when the Star, published at Milwaukie, pro 
claimed as its candidate Thurston s opponent in the 
election of 1849, Columbia Lancaster. In the mean 
time R. R. Thompson had been corresponding with 
Lane, who was still mining in southern Oregon, and 
had obtained his consent to run if his friends wished 
it. 65 The Star then put the name of Lane in place of 
that of Lancaster; the Spectator , now managed by 
D. J. Schnebley, and a new democratic paper, the 
Oregon Statesman, withholding their announcements 
of candidates until Thurston, at that moment on his 
way to Oregon, should arrive and satisfy his friends 
of his eligibility. 

But when everything was preparing to realize or to 
give the lie to Thurston s fondest hopes of the future, 
there suddenly interposed that kindest of our enemies, 
death, and saved him from humiliation. He expired 
on board the steamer California, at sea off Acapulco 
on the 9th of April 1851, at the age of thirty-five 
years. His health had long been delicate, and he had 
not spared himself, so that the heat and discomfort 
of the voyage through the tropics, with the anxiety of 
mind attending his political career, sapped the low- 
burning lamp of life, and its flickering flame was ex 
tinguished. Yet he died not alone or unattended. 
He had in his charge a company of young women, 
teachers whom Governor Slade of Vermont was send 
ing to Oregon, 69 who now became his tender nurses, 

others, namely, Jesse Applegate, J. W. Kesmith, Joel Palmer, Daniel Waldo, 
Rev. Wm Roberts, the venerable Robert Moore, James M. Moor e, Gen. 
Joseph Lane and Gen. Lovejoy, and many others who have recently arrived 
in the country. Cor. of the Or. Spectator, March 27, 1851. 

68 Or. Spectator, March 6, 1851; Lane s Autobiography, MS., 57. 

69 Five young women were sent out by the national board of educa 
tion, at the request of Abernethy and others, under contract to teach two 
years, or refund the money for their passage. They were all soon married, 
as a matter of course Miss Wands to Governor Gaines; Miss Smith to Mr 
Beers; Miss Gray to Mr McLeach; Miss Lincoln to Judge Skinner; and Miss 
Millar to Judge Wilson. Or. Sketches, MS., 15; Grover s Pub. Life in Or., 
MS., 100; Or. Spectator, March 13, 1851. 



DEATH OF THURSTON. 137 

and when they had closed his eyes forever, treasured 
up every word that could be of interest to his bereaved 
wife and friends. 70 Thus while preparing boldly to vin 
dicate his acts and do battle with his adversaries, he 
was forced to surrender the sword which was too sharp 
for its scabbard, and not even his mortal remains were 
permitted to reach Oregon for two years. 71 

The reverence we entertain for one on whom the 
gods have laid their hands, caused a revulsion of feeling 
and an outburst of sympathy. Had he lived to make 
war in his own defence, perhaps McLoughlin would 
have been sooner righted; but the people, who as a 
majority blamed him for the disgraceful eleventh sec 
tion of the land law, could not touch the dead lion 
with disdainful feet, and his party who honored his 
talents 72 and felt under obligations for his industry, 
protected his memory from even the implied censure 

70 Mrs E. M. Wilson, daughter of Rev. James P. Millar of Albany, New 
York, who soon followed his daughter to Oregon, gives some notes of Thur- 
ston s last days. He was positive enough, she says, to make a vivid im 
pression on my memory. Strikingly good-looking, direct in his speech, with 
a supreme will, used to overcoming obstacles. . . " Just wait til I get there," 
he would say, "I will show those fellows! " Or. Sketches, MS., 16. 

71 The legislature in 1853 voted to remove his dust from foreign soil, 
and it was deposited in the cemetery at Salem; and in 1856 a monument 
was erected over it by the same authority. It is a plain shaft of Italian 
marble, 12 feet high. On its eastern face is inscribed: Thurston: erected 
by the People of Oregon, and a fac-simile of the seal of the territory; on the 
north side, name, age, and death; on the south: Here rests Oregon s first 
delegate; a man of genius and learning; a lawyer and statesman, his Christian 
virtues equalled by his wide philanthropy, his public acts are his best eulo- 
gium. Salem Or. Statesman, May 20, 1856; OddVs Biog. of Thurston, MS., 
37; 8. F. D. Alta, April 25, 1851. 

72 Thurston made his first high mark in congress by his speech on the 
admission of California. See Cong. Globe, 1849-50, app. 345. His remarks 
on the appropriations for Indian affairs were so instructive and inter 
esting that his amendments were unanimously agreed to. A great many 
members shook him heartily by the hand after he had closed; and he was 
assured that if he had asked for $50,000 after such a speech he would have 
received it. Or. Spectator, Aug. 22, 1850. With that tendency to see some 
thing peculiar in a man who has identified himself with the west, the JV. Y. 
Sun of March 26, 1850, remarked: Coming from the extreme west he was 
not two years from Maine where, it is taken for granted, the people are in 
a more primitive condition than elsewhere under this government, and look 
ing, as Mr Thurston does, like a fair specimen of the frontier man, little was 
expected of him in an oratorical way. But he has proved to be one of the 
most effective speakers in the hall, which has created no little surprise. A 
Massachusetts paper also commented in a similar strain: Mr Thurston is a 
young man, an eloquent and effective debater, and a bold and active man, 
such as are found only in the west. 



138 A DELEGATE TO CONGRESS. 

of undoing his work. And all felt that not he alone, 
but his secret advisers were likewise responsible. 

In view of all the circumstances of Thurston s 
career, it is certainly to be regretted, first, that he fell 
under the influence of, or into alliance with, the mis 
sionary party; and secondly, that he had adopted as 
a part of his political creed the maxim that the end 
sanctifies the means, by which he missed obtaining 
that high place in the estimation of posterity to which 
he aspired, and to which he could easily have attained 
by a more honest use of his abilities. Associated as 
he is with the donation law, which gave thousands of 
persons free farms a mile square in Oregon, his name 
is engraved upon the foundation stones of the state 
beside those of Floyd, Linn, and Benton, and of Gra 
ham N. Fitch, the actual author of the bill before con 
gress in 1850. 73 No other compensation had he; 74 and 
of that even the severest truth cannot deprive him. 

Thurston had accomplished nothing toward securing 
a fortune in a financial sense, and he left his widow 
with scanty means of support. The mileage of the 
Oregon delegate was fixed by the organic act at 
$2,500. It was afterward raised to about double 
that amount; and when in 1856-7 on this ground a 
bill for the relief of his heirs was brought before con 
gress, the secretary of the treasury was authorized 
to make up the difference in the mileage for that 
purpose. 

73 Cong. Globe, 1850-51, app. xxxviii. 

u Or. Statesman, April 14, 1857; Graver s Pub. Life, MS., 101. 



CHAPTER V. 

ADMINISTRATION OF GAINES. 
1850-1852. 

AN OFFICIAL VACANCY GAINES APPOINTED GOVERNOR His RECEPTION IN 

OREGON THE LEGISLATIVE ASSEMBLY IN SESSION ITS PERSONNEL 
THE TERRITORIAL LIBRARY LOCATION or THE CAPITAL OREGON CITY 
OR SALEM WARM AND PROLONGED CONTEST Two LEGISLATURES 

WAR BETWEEN THE LAW-MAKERS AND THE FEDERAL JUDGES APPEAL 

TO CONGRESS SALEM DECLARED THE CAPITAL A NEW SESSION 
CALLED FEUDS OF THE PUBLIC PRESS UNPOPULARITY OF GAINES 
CLOSE OF HIS TERM LANE APPOINTED HIS SUCCESSOR. 

FROM the first of May to the middle of August 
1850 there was neither governor nor district judge 
in the territory; the secretary and prosecuting attor 
ney, with the United States marshal, administered 
the government. On the 15th of August the United 
States sloop of war Falmoutli arrived from San Fran 
cisco, having on board General John P. Gaines, 1 newly 
appointed governor of Oregon, with his family, and 
other federal officers, namely: General Edward Ham 
ilton of Ohio, 2 territorial secretary, and Judge Strong 
of the third district, as before mentioned. 3 

1 According to A. Bush, of the Oregon Statesman, Marshall of Indiana was 
the first choice of President Taylor; but according to Grover, Pub. Life in 
Or., MS., Abraham Lincoln was first appointed, and declined. Which of 
these autlaorities is correct is immaterial; it shows, however, that Oregon 
was considered too far off to be desirable. 

2 Hamilton was born in CulpepSr Co., Va. He was a lawyer by profession; 
removed to Portsmouth, Ohio, where he edited the Portsmouth Tribune. He 
was a captain in the Mexican war, his title of general being obtained in the 
militia service. His wife was Miss Catherine Royer. 

3 The other members of the party were Archibald Gaines, A. Kinney, 
James E. Strong, Mrs Gaines, three daughters and two sons, Mrs Hamilton 
and daughter, and Mrs Strong and daughter. Gaines lost two daughters, 17 
and 19 years of age, of yellow fever, at St Catherine s, en route; and Judge 
Strong a son of five years. They all left New York in the United States 

(139) 



140 ADMINISTRATION OF GAINES. 

Coming 1 in greater state than his predecessor, the 
new governor was more royally welcomed, 4 by the 
firing of cannon, speeches, and a public dinner. In 
return for these courtesies Gaines presented the ter 
ritory with a handsome silk flag, a gift which Thurs- 
ton, in one of his eloquent encomiums upon the 
pioneers of Oregon and their deeds, reminded con 
gress had never yet been offered by the government 
to that people. But Governor Gaines was not sin 
cerely welcomed by the democracy, who resented the 
removal of Lane, and who on other grounds disliked 
the appointment. They would not have mourned if 
when he, like Lane, was compelled to make procla 
mation of the death of the president by whom he was 
appointed, 5 there had been the prospect of a removal 
in consequence. The grief for President Taylor was 
not profound with the Oregon democracy. He was 
accused of treating them in a cold indifferent man 
ner, and of lacking the cordial interest displayed in 
their affairs by previous rulers. Nor was the differ 
ence wholly imaginary. There was not the same 
incentive to interest which the boundary question, 
and the contest over free or slave territory, had 
inspired before the establishment of the territory. 
Oregon was now on a plane with other territories, 
which could not have the national legislature at their 
beck and call, as she had done formerly, and the 
change could not occur without an affront to her feel 
ings or her pride. Gaines was wholly unlike the 
energetic and debonair Lane, being phlegmatic in 

store-ship Supply, in November 1849, arriving at San Francisco in July 1850, 
where they were transferred to the Falmouth. California Courier, July 21, 
1850; Or. Spectator, Aug. 22, 1850; Strong s Hist. Or., MS., 1, 2, 13. 

4 The Or. Statesman of March 28, 1851, remarks that Gaines came around 
Cape Horn in a government vessel, with his family and furniture, arriving at 
Oregon City nine months after his appointment, and drawing salary all the 
time, while Lane being removed, drew no pay, but performed the labor of his 
office. 

5 President Taylor died July 9, 1850. The intelligence was received in 
Oregon on the 1st of September. Friday the 20th was set for the observance 
of religious funeral ceremonies by proclamation of Gaines. Or. Spectator, 
Sept. 5, 1850. 



LEGISLATIVE PROCEEDINGS. 141 

temperament, fastidious as to his personal surround 
ings, pretentious, pompous, and jealous of his dig 
nity. 6 The spirit in which the democracy, who were 
more than satisfied with Lane and Thurston, received 
the whig governor, was ominous of what soon fol 
lowed, a bitter partisan warfare. 

There had been a short session of the legislative 
assembly in May, under its privilege granted in the 
territorial act to sit for one hundred days, twenty- 
seven days yet remaining. No time or place of meet 
ing of the next legislature had been fixed upon, nor 
without this provision could there be another session 
Without a special act of congress, which omission ren 
dered necessary the May term in order that this 
matter might be attended to. The first Monday in 
December was the time named for the convening of 

* ./ 

the next legislative body, and Oregon City the place. 
The assembly remained in session about two weeks, 
calling for a special session of the district court at 
Oregon City for the trial of the Cayuse murderers, 
giving the governor power to fill vacancies in certain 
offices by appointment, and providing for the printing 
of the laws, with a few other enactments. 

The subject of submitting the question of a state 
constitution to the people at the election in June was 
being discussed. The measure was favored by many 
who were restive under presidential appointments, and 
who thought Oregon could more safely furnish the 
material for executive and judicial officers than de 
pend on the ability of such as might be sent them. 
The legislature, however, did not entertain the idea 
at its May term, on the ground that there was not 
time to put the question fairly before the people. 
Looking at the condition and population of the terri 
tory at this time, and its unfitness to assume the 

6 Lane himself had a kind of contempt for Gaines, on account of his sur 
render at Encarnacion. He was a prisoner during the remainder of the war, 
says Lane; which was not altogether true. Autobiography, MS., 56-7. 



142 ADMINISTRATION OF GAINES. 



expenses and responsibilities of a state, the conclusion 
is irresistible that jealousy of the lead taken in this 
matter by California, and the aspirations of politi 
cians, rather than the good of the people, prompted 
a suggestion which could not have been entertained 
by the tax-payers. 

On the 2d of December the legislative assembly 
chosen in June met at Oregon City. It consisted of 
nine members in the council and eighteen in the 
lower house. 7 W. W. Buck of Clackamas county was 
chosen president of the council, and Ralph Wilcox of 
Washington county speaker of the house. 8 George 

7 R. P. Boise, in an address before the pioneer association in 1876, says 
that there were 25 members in the house; but he probably confounds this 
session with that of 1851-2. The assembly of 1850-1 provided for the increase 
of representatives to twenty-two. See list of Acts in Or. Statesman, March 
28, 1851; Gen. Laws Or., 1850-1, 225. 

8 The names of the councilmen and representatives are given in the first 
number of the Oregon Statesman. W. W. Buck, Samuel T. McKean, Samuel 
Parker, and W. B. Mealey were of the class which held over from 1849. I 
have already given some account of Buck and McKean. Parker and Mealey 
were both of the immigration of 1845. Parker was a Virginian, a farmer and 
carpenter, but a man who interested himself in public affairs. He was a 
good man. Mealey was a Pennsylvanian; a farmer and physician. 

Of the newly elected councilmen, James McBride has been mentioned as 
one of the immigrants of 1847. 

Richard Miller of Marion county was born in Queen Anne s county, Mary 
land, in 1800. He came to Oregon in 1847, and was a farmer. 

A. L. Humphrey of Benton county was born in Litchfield, Connecticut, 
in 1796 and emigrated to Oregon in 1847. He was a farmer and merchant. 

Lawrence Hall, a farmer of Washington county, was born in Bourbon 
county, Kentucky, March 10, 1800, and came to Oregon in 1845. 

Frederick Waymire, of Polk county, a millwright, was born in Montgomery 
county, Ohio, March 15, 1807. He married Fanny Cochagan, of Indiana, by 
whom he had 17 children. He came to Oregon in 1845 and soon became 
known as an energetic, firm, strong, rough man, and an uncompromising 
partisan. The old apostle of democracy and watchdog of the treasury 
were favorite terms used by his friends in describing Waymire. He became 
prominent in the politics of the territory, and was much respected for his 
honesty and earnestness, though not always in the right. His home in Polk 
county, on the little river Luckiamute, was called Hayden Hall. He had 
been brought up a Methodist, and in the latter part of his life returned to 
his allegiance, having a library well stocked with historical and religious 
works. He died in April 28, 1873, honored as a true man and a patriotic 
citizen, hoping with faith that he should live again beyond the grave. II. P. 
Boise, in Trans. Or. Pioneer Assoc., 1876, 27-8. His wife survived until 
Oct. 15, 1878, when she died in her 69th year. Three only of their children 
are living. All the members of the council were married men with families, 
except Humphrey who was a widower. 

The members of the house were Ralph Wilcox, William M. King of 
Washington county, William Shaw, W T illiam Parker, and Benjamin F. Hard 
ing of Marion, the latter elected to fill a vacancy created by the death of E. 



MEMBERS OF ASSEMBLY. 143 

L. Curry was elected chief clerk of the council, as 
sisted by James D. Turner. Herman Buck was 
sergeant -at -arms. Asahel Bush was chosen chief 

Zj 

clerk of the house, assisted by B. Gcnois. William 
Holmes was sergeant-at-arms, and Septimus Heulat 
doorkeeper. 

The assembly being organized, the governor was 
invited to make any suggestions; and appearing before 

H. Bellinger, who died after election; W. T. Matloek, Benjamin Simpson, 
Hector Campbell, of Clackamas; William McAlphin, E. L. Walters, of Linn; 
John Thorp, H. N. V. Holmes, of Polk; J. C. Avery, W. St Glair, of Ben ton; 
Aaron Payne, S. M. Gilmore, Matthew P. Deady, of Yamhill; Truman P. 
Powers, of Clatsop, Lewis, and Clarke counties. 

Of Wilcox I have spoken in another place; also of Shaw, Walter, Payne, 
and McAlphin. William M. King was born and bred in Litchiield, Ccim. , 
whence he moved to Onondaga county, New York, and subsequently to 
Pennsylvania and Missouri. He came to Oregon in 1848 and engaged in 
business in Portland, suon becoming known as a talented and unscrupiUous 
politician, as well as a cunning debater and successful tactician. He is much 
censured in the early territorial newspapers, partly for real faults, and partly, 
no doubt, from partisan feeling. He is described by one who knew him as a/ rm 
friend and bitter enemy. He died at Portland, after seeing it grow to I c a 
place of wealth and importance, November 8, 1SG9, aged GO years. H. N. V. 
Holmes was born in Wythe county, Va., in 1812, but removed in childhood to 
Pulaski county, emigrating to Oregon in 1848. He settled in a picturesque 
district of Polk county, in the gap between the Yamhill and La Creole val 
leys. He was a gentleman, of the old Kentucky school, was several times a 
member of the Oregon legislature, and a prosperous farmer. 

13. F. Harding, a native of Wyoming county, Penn., was born in 1822, 
and came to Oregon in 1849. He was a lawyer by profession, and sett ed at 
Salem, for the interests of which place he faithfully labored, and for Marion 
county, which rewarded him by keeping him in a position of prominence for 
many years. He married Eliza Cox of Salem in 1851. He lived later en 
a fine farm in the enjoyment of abundance and independence. John Thorp 
was captain of a company in the immigration of 1844. He was from Madison 
county, Ky, and settled in Polk county, Oregon, where he followed farm 
ing. Truman P. Powers was born in 1807, and brought up in Chittciulen 
county, Vt, coining to Oregon in 1840. He settled on the Columbia near 
Astoria. William Parker was a native of Derby county, England, born in 
1813, but removed when a child to New York. He was a farmer and sur 
veyor. Benjamin Simpson, born in Warren county, Tcnn. , in 1810, was 
raised in Howard county, Mo., and came to Oregon in 1840, and engaged in 
merchandising. Hector Campbell was born in Hampden county, Mass., in 
1703, removed to Oregon in 1849, and settled on a farm in Clackamas county. 
William T. Matloek, a lawyer, was born in Hhone county, Tennessee, in 
1802, removed when a child to Indiana, and to Oregon in 1C47. Samuel M. 
Gilmore, born in Bedford county, Tenn., in 1814, removed iirst to Clay and 
then to Buchanan county, Missouri, whence he emigrated in 1843, settling 
in Yamhill county. W. St Clair was an immigrant of 184G. 

Joseph C. Avery was born in Lucerne county, Pcnn. , June 9, 1817, and was 
educated at Wilkesbarre, the county seat. He removed to 111. in 1839, where 
he married Martha Marsh in 1841. Four years afterward he caine to Oregon, 
spending the winter of 1845 at Oregon City. In the following storing he set 
tled on a land claim at the mouth of Mary s River, where in iS50 he laid out 
a town, calling it Marysvillc, but asking the legislature afterward to change 
the name to Corvallis, which was doue. 



144 ADMINISTRATION OF GAINES. 

the joint legislature he read a message of considerable 
length and no great interest, except as to some items 

Matthew Paul Deady was born in Talbot co., MJ, May 12, 1824, of Irish and 
English ancestry. His father, Daniel Deady, was a native of Katiturk, Ireland, 
and was a teacher by profession. When a young man he came to Baltimore, 
Md, where he soon married. After a few years residence in the city he re 
moved to Wheeling, Va, and again in 1837 to Belmont co., Ohio. Here the 
son worked on a farm until 1841. For four years afterward he learned black- 
smithing, and attended school at the Barnesvill3 academy. From 1845 to 
1848 he taught school and read law with J udge William Kennon, of St Clairs- 
ville, where he was admitted to the bar of the supreme court of Ohio, Oct. 26, 
1847. In 1849 he came to Oregon, settling at Lafayette, in Yamhill co., and 
teaching school until the spring of 1850, when he commenced the practice of 
tho law, and in Juno of the same year was elected a member of the legislature, 
and served on the judiciary committee. In 1851 he was elected to the council 
for two years, serving as chairman of the judiciary committee and president 
of the council. In 1853 he was appointed judge of the territorial supreme 
court, and hold tho position until Oregon was admitted into the Union, Feb 
ruary 14, 1859, and in the mean time performed the duties of district judge 
in tho southern district. He was a member of the constitutional convention 
of 1857, being president of that body. His influence was strongly felt in 
forming the constitution, some of its marked features being chiefly his work; 
while in preventing the adoption of other measures he was equally serviceable. 
On the admission of Oregon to statehood he was elected a judge of the supreme 
court from the southern district without opposition, and also received the ap 
pointment of U. S. district judge. He accepted the latter position and re 
moved to Portland, where he has resided down to the present time, enjoying 
the confidence and respect paid to integrity and ability in office. 

During the years 18G2-4, Judge Deady prepared the codes of civil and 
criminal procedure and the penal code, and procured their passage by the 
legislature a3 they carne from his hand, besides much other legislation, in 
cluding the general incorporation act of 18G2, which for the first timo in the 
U. S. made incorporation free to any three or more persons wishing to engage 
i.i any lav/rul enterprise or occupation. In 1864 and 1874 he made and pub 
lished a general compilations of the laws of Oregon. 

Ho v/a3 0:10 of: the organizers of tho University of Oregon, and for over 
twelve years has been an active moinber of the board of regents and presi 
dent of that body. For twenty yoara he has been president of the Library 
Association of Portland, which tinder his fostering care has grown to be one 
of the moot creditablo institutions of the state. 

On various occasions Judge Deady has sat in the U. S. circuit court in San. 
Francisco, where he has given judgment in some celebrated cases; among 
them are McCall v. McDowell, 1 Deady, 233, in which he held that the presi 
dent could not suspend the habeas corpus act, the power to do so being vested 
in congress; Martinetti v. McGuire, 1 Deady, 216, commonly called the Black 
Crook case, in which he held that this spectacular exhibition was not a dra 
matic composition, and therefore not entitled to copyright; Woodruff v. N. B. 
Gravel Co., 9 Sawyer, 441, commonly called the Debris case, in which it was 
held that the hydraulic miners had no right to deposit the waste of the mines 
in the watercourses of the stato to the injury of the riparian owners; and 
Sharon v. Hill, 11 Sawyer, 290, in which it was determined that the so-called 
marriage contract between these parties was a forgery. 

On the 24th of June, 1852, Judge Deady was married to Miss Lucy A. 
Henderson, a daughter of Robert and Rhoda Henderson, of Yamhill co., who 
came to Oregon by the southern route in 1846. Mr Henderson was born in 
Green co., Tenn., Feb. 14, 1809, and removed to Kentucky in 1831, and to 
Missouri in 1834. Mrs Deady is possessed of many charms of person and 
character, and is distinguished for that tact which renders her at easo in all 
stations of life. Her children are three sons, Edward Nesmith, Paul Robert, 
and Henderson Brooke. The first two have been admitted to the bar, the 
third is a physician. 



LOCATION OF THE CAPITAL. 145 

of information on the progress of the territory toward 
securing its congressional appropriations. The five 
thousand dollars granted in the organic act for erect 
ing public buildings was in his hands, he said, to 
which would be added the forty thousand dollars ap 
propriated at the last session ; and he recommended 
that some action be taken with regard to a peniten 
tiary, no prison having existed in Oregon since the 
burning of the jail at Oregon City. The five thousand 
dollars for a territorial library, he informed the assem 
bly, had been expended, and the books placed in a 
room furnished for the purpose, the custody of which 
was placed in their hands. 9 

The legislative session of 1850-1 was not harmo 
nious. There were quarrels over the expenditure of the 
appropriations for public buildings and the location of 
the capital. Although the former assembly had called 
a session in May, ostensibly to fix upon a place as well as 
a time for convening its successor, it had not fixed the 
place, and the present legislature had come together 
by common consent at Oregon City. Conceiving it to 
be proper at this session to establish the seat of gov 
ernment, according to the fifteenth section of the or 
ganic act, which authorized the legislature at its first 
session, or as soon thereafter as might be expedient, 
to locate and establish the capital of the territory, 
the legislature proceeded to this duty. The only 
places put in competition with any chance of success 
were Oregon City and Salem. Between these there 
was a lively contest, the majority of the assembly, 
backed by the missionary interest, being in favor of 
Salem, while a minority, and many Oregon City lobby 
ists, were for keeping the seat of government at that 
place. In the heat of the contest Governor Gaines un 
wisely interfered by a special message, in which, while 

Scattered throughout this history, and elsewhere, are the evidences of 
the manner in which Judge Deady has impressed himself upon the institu 
tions of Portland and the state, and always for their benefit. He possesses, 
with marked ability, a genial disposition, and a distinguished personal ap 
pearance, rather added to than detracted from by increasing years. 

9 Judge Bryant selected and purchased $2,000 worth of the books for 
public library, and Gov. Gaines the remainder. 
HIST. OR., VOL. II. 10 



146 ADMINISTRATION. OF GAINES. 

he did not deny the right of the legislative assembly to 
locate and establish the seat of government, he felt it 
his duty to call their attention to the wording of the 
act, which distinctly said that the money there ap 
propriated should be applied by the governor; and 
also, that the act of June 11, 1850, making a fur 
ther appropriation of twenty thousand dollars for the 
erection of public buildings in Oregon, declared that 
the money was to be applied by the governor and 
the legislative assembly. He further called their at 
tention to the wording of the sixth section of the act, 
which declared that every law should have but one 
object, which should be expressed in the title, while 
the act passed by the legislative assembly embraced 
several objects. He gave it as his opinion that the 
law in that form was unconstitutional; but expressed 
a hope that they would not adjourn without taking 
effectual steps to carry out the recommendation he 
had made in his message at the beginning of the 
session, that they would cause the public buildings to 
be erected. 

The location bill, which on account of its embracing 
several objects received the name of the omnibus 
bill, 10 passed the assembly by a vote of six to three in 
the council and ten to eight in the house, Salem get 
ting the capital, Portland the penitentiary, 11 Corvallis 
the university, and Oregon City nothing. The mat- 

10 The 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 and penitentiary, 
authorizing them to select one of their number to be acting commissioner and 
give bonds in the sum of $20,000. The state-house board consisted of John 
Force, H. M. Waller, and R. C. Geer; the penitentiary board, D. H. Lowns- 
dale, Hugh D. O Bryant, and Lucius B. Hastings. The prison was to be 
of sufficient capacity to receive, secure, and employ 100 convicts, to be con 
fined in separate cells. Or. Spectator, March 27, 1851; Or. Statutes, 1853-4, 
509. That Oregon City should get nothing under the embarrassment of the 
llth section of the donation law was natural, but the whigs and the prop 
erty-owners there may have hoped to change the action of congress in the 
event of securing the capital. Salem, looking to the future, was a better 
location. But the assembly were not, I judge, looking to anything so much 
as having their own way. The friends of Salem were accused of bribery, 
and there were the usual mutual recriminations. Or. Spectator, Oct. 7 and 
Nov. 18, 1851. 



POLITICAL JOURNALS. 147 

ter rapidly took shape as a political issue, the demo 
crats going for Salem and the whigs for Oregon City, 
the question being still considered by many as an 
open one on account of the alleged unconstitutionality 
of the act. 12 At the same time two newspapers were 
started to take sides in territorial politics; the Ore- 
gonian, whig, at Portland in December 1850, and 
the Oregon Statesman, democratic, at Oregon City in 
March following. 13 A third paper, called the Times, 
was published at Portland, beginning in May 1851, 
which changed its politics according to patronage and 
circumstances. 

la /<?., July 29, 1851; Or. Statesman, Aug. 5, 1851; 32d Cong., 1st Sess., 
H. Ex. Doc. 94, 2-32; Id., 96, vol. ix. 1-8; Id., 104, vol. xii. 1-24; S2d Cong., 
1st Sew. , H. Misc. Doc. 9, 4-5. 

13 The Oregortian was founded by T. J. Dryer, who had been previously en 
gaged upon the California Courier as city editor, and was a weekly journal. 
Dryer brought an old Raniage press from San Francisco, with some second 
hand material, which answered his purpose for a few months, when a new 
Washington press and new material came out by sea from New York, and 
the old one was sent to Olympia to start the first paper published on Puget 
Sound, called the Columbian. In time the Washington press was displaced 
by a power press, and was sold in 1862 to go to Walla Walla, and afterward 
to Idaho. Dryer conducted the Oregonian with energy for ten years, when, 
the paper passed into the hands of H. L. Pittock, who first began work upon 
it a3 a printer in 1853. It has since become a daily, and is edited and partly 
owned oy Harvey W. Scott. 

The statesman was founded by A. W. Stockwell and Henry Russel of 
Massachusetts, with Asahel Bush as editor. It was published at Oregon City 
till June 1853, when it was removed to Salem, and being and remaining the 
official paper of the territory, followed the legislature to Corvallis in 1855, 
when the capital was removed to that place and back again to Salem, when 
the seat of government was relocated there a few months later. As a party 
paper it was conducted with greater ability than any journal on the Pacific 
coast for a period of about a dozen years. Bush was assisted at various times 
by men of talent. On retiring from political life in 1863 he engaged in bank 
ing at Salem. Crandall and Wait then conducted the paper for a short time; 
but it was finally sold in November 1863 to the Oregon Printing and Publish 
ing Company. In 1866 it was again, sold to the proprietors of the Unionist, 
and ceased to exist as the Oregon Statesman. During the first eight years 
of its existence it was the ruling power in Oregon, wielding an influence 
that made and immade officials at pleasure. The number of those who 
were connected with the paper as contributors to its columns, who have 
risen to distinguished positions, is reckoned by the dozen. Salem Directory, 
1871; Or. Statesman, March 28, 1851; Id., July 25, 1854; Brown s Will. 
Val., MS., 34; Portland Ortgonian, April 15, 1876. Before either of these 
papers was started there was established at Milwaukie, a few miles below 
Oregon City, the Milwaukie Star, the first number of which was issued on 
the 21st of November 1850. It was owned principally by Lot Whitcomb, 
the proprietor of the town of Milwaukie. The prospectus stated that Carter 
and Waterman were the printers, and Orvis Waterman editor. The paper 
ran for three months under its first management, then was purchased by the 



148 ADMINISTRATION OF GAIXES. 

The result of the interference of the governor with 
legislation was to bring down upon him bitter denun 
ciations from that body, and to make the feud a per 
sonal as well as political one. When the assembly 
provided for the printing of the public documents, it 
voted to print neither the governor s annual nor his 
special message, as an exhibition of disapprobation at 
his presumption in offering the latter, 14 assuming that 
he was not called upon to address them unless invited 
to do so, they being invested by congress with power 
to conduct the public business and spend the public 
money without consulting him. But while the legis 
lators quarrelled with the executive they went on 
with the business of the commonwealth. 

The hurried sessions of the territorial legislature 
had effected little improvement in the statutes which 
were still in great part in manuscript, consisting in 
many instances of mere reference to certain Iowa 
law r s adopted without change. An act was passed for 
the printing of the laws and journals, and Asahel 
Bush elected printer, to tho disappointment of Dryer 
of the Oregonian, who had built hopes on his political 
views which were the same as those of the new ap 
pointees of the federal government. But the terri 
torial secretary, Hamilton, literally took the law into 
his own hands and sent the printing to a New York 
contractor. Thus the war went on, and the laws 
were as far as ever from being in an intelligible state, 15 

printers, and in May 1851 Waterman purchased the entire interest, when he 
removed the paper to Portland, calling it the Times. It survived several 
subsequent changes and continued to be published till 18G4, recording in the 
mean time many of the early incidents in the history of the country. Portland 
Oregonian, April 15, 1876. 

i4 The Spectator of Feb. 20, 1851, rebuked the assembly for its discour 
tesy, saying it knew of no other instance where the annual message of the 
governor had been treated with such contempt. 

15 The Spectator of August 8, 1850, remarked that there existed no law in 
the territory regulating marriages. If that were true, there could have ex 
isted none since 1845, when the last change in the provisional code was made. 
There is a report of a debate on a bill concerning marriages, in the Spectator 
of Jan. 2, 1851, but the list of laws passed at the session of 1850-1 contains 
none on marriage. A marriage law was enacted by the legislature of 1851-2. 






OREGON ARCHIVES. 149 

although the most important or latest acts were pub 
lished in the newspapers, and a volume of statutes 
was printed and bound at Oregon City in 1851. It 
was not until January 1853 that the assembly pro 
vided for the compilation of the laws, and appointed 
L. F. Grover commissioner to prepare for publication 
the statutes of the colonial and territorial governments 
from 1843 to 1849 inclusive. The result of the com 
missioner s labors is a small book often quoted in these 
pages as Or. Laws, 1843-9, of much value to the his 
torian, but which, nevertheless, needs to be confirmed 
by a close comparison with the archives compiled and 
printed at the same time, and with corroborative 
events; the dates appended to the laws being often 
several sessions out of time, either guessed at by the 
compiler, or mistaken by the printer and not corrected. 
In many cases the laws themselves are mere abstracts 
or abbreviations of the acts published in the Spec 
tator. 16 

Nor were the archives collected any more complete, 
as boxes of loose papers, as late as 1878, to my knowl 
edge, were lying unprinted in the costly state-house 
at Salem. Many of them have been copied for my 

Among men inclined from the condition of society to early marriages, as I 
have before mentioned, the wording of the donation law stimulated the desire 
to marry in order to become lord of a mile square of land, while it influenced 
women to the same measure, as it was only a wife or widow who was entitled 
to 320 acres. Many unhappy unions were the consequence, and numerous 
divorces. Deady x Ili;t. Or., MS., 33; Victor s New Penelope, 19-20. 

ie Public Life in Oregon is one of the most scholarly and analytical contri 
butions to history which I was able to gather during my many interviews of 
1878. Besides being in a measure a political history of the country, it abounds 
with life-like sketches of the public men of the day, given in a clear and fluent 
style, and without apparent bias. L. F. Grover, the author, was born at Bethel, 
Maine, Nov. 29, 1823. He came to California in the winter of 1850, and 
to Oregon early in 1851. He was almost immediately appointed clerk of 
the first judicial district by Judge Nelson. He soon afterward received 
the appointment of prosecuting attorney of the second judicial district, and 
became deputy United States district attorney, through his law partner, B. F. 
Harding, who held that office. Thereafter for a long period he was in public 
life in Oregon. Grover was a protege" of Thurston, who had known him in 
Maine, and advised him when admitted to the bar in Philadelphia to go to 
Oregon, where he would take him into his own office as a law-partner; but 
Thurston dying, Grover was left to introduce himself to the new common 
wealth, which lie r.id most successfully. Graver s Pub. Life in Or., MS., 100-3; 
Yreka Union, April 1, 1870. 



150 ADMINISTRATION OF GAINES. 

work, and constitute the manuscript entitled Oregon 
Archives, from which I have quoted more widely than 
I should have done had they been in print, thinking 
thus to preserve the most important information in 
them. The same legislature which authorized Grover s 
work, passed an act creating a board of commissioners 
to prepare a code of laws for the territory, 17 and elected 
J. K. Kelly, D. R. Bigelow, and R. P. Boise, who 
were to meet at Salem in February, and proceed to the 
discharge of their duties, for which they were to re 
ceive a per diem of six dollars. 15 In 1862 a new code 
of civil procedure was prepared by Matthew P. Deady, 
then United States district judge, A. C. Gibbs, and 
J. K. Kelly, and passed by the legislature. The work 
was performed by Judge Deady, who attended the 
session of the legislature and secured its passage. The 
same legislature authorized him to prepare a penal 
code and code of criminal procedure, which he did. 
This was enacted by the legislature of 1864, which 
also authorized him to prepare a compilation of all the 
laws of Oregon then in force, including the codes, in 
the order and method of a code, which he did, and en 
riched it with notes containing a history of Oregon 
legislation. This compilation he repeated in 1874, by 
authority of the legislature, aided by Lafayette Lane. 
Meanwhile the work of organization and nation- 
making went on, all being conducted by these early 
legislators with fully as much honesty and intelligence 
as have been generally displayed by their successors. 
Three new counties were established and organized 
at the session of 1850-1, namely: Pacific, on the north 
side of the Columbia, on the coast; Lane, including 

17 A. C. Gibbs in his notes on Or. Hist., MS., 13, says that he urged the 
measure and succeeded in getting it through the house. It was supported by 
Deady, then president of the council; and thus the code system was begun in 
Oregon with reformed practice and proceedings. At the same time, Thurs- 
ton, it is said, when in Washington, advised the appointment of commis 
sioners for this purpose, or that the assembly should remain in session long 
enough to do the work, and promised to secure from congress the money, 
$6,000, to pay the cost. 

18 Or. Statutes, 1852-3, 57-8; Or. Statesman, Feb. 5, 1853. 

19 See Or. Gen. Laws, 1843-72. 



COUNTIES AND JUDICIAL DISTRICTS. 151 

all that portion of the Willamette Valley south of 
Benton and Linn ; 20 and Unipqua, comprising all the 
country south of the Calapooya mountains and head 
waters of the Willamette. County seats were located 
in Linn, Polk, and Clatsop, the county seats of Clack - 
amas and Washington having been established at the 
previous sessions of the legislature. 21 

The act passed by the first legislature for collecting 
the county and territorial revenues was amended; and 
a law passed legalizing the acts of the sheriff of Linn 
county, and the probate court of Yamhill county, 
in the collection of taxes, and to legalize the judicial 
proceedings of Polk county; these being cases where 
the laws of the previous sessions were found to be in 
conflict with the organic act. Some difficulty had 
been encountered in collecting taxes on land to which 
the occupants had as yet no tangible title. The same 
feeling existed after the passage of the donation law, 
though some leg^al authorities contended, and it has 

Q o 

since been held that the donation act gave the occu 
pant his land in fee simple, and that a patent was 
only evidence of his ownership. 22 But it took more 
time to settle these questions of law than the people 
or the legislature had at their command in 1850; 

O 

hence conflicts arose which neither the judicial nor 

^Eugene City Guard, July 8, 1876; Eugene City State Journal, July 8, 
1870. 

n It is difficult determining the value of these enactments, when for sev 
eral sessions 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 1850. 

^Deadifs Scrap Book, 5. For some years Matthew P. Deady employed his 
leisure moments as a correspondent of the San Francisco Bulletin, his subjects 
often being historical and biographical matter, in which he was, from his 
habit of comparing evidence, very correct, and in which he sometimes enun 
ciated a legal opinion. His letters, collected in the form of a scrap-book, 
were kindly loaned to me. From these Scraps I have drawn largely; and 
still more frequently from his History of Oregon, a thick manuscript volume 
given to me from his own lips in the form of a dictation while I was in Port- 
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, and well 
digested a store of facts, the recital of which to me was a never failing 
source of wonder and admiration. His legal decisions and public addresses 
have also been of great assistance to me, being free from the injudicial bias of 
many authors, and hence most substantial material for history to rest upon. 
Further than this, Judge Deady is a graceful writer, and always interesting. 
As a man, he is one to whom Oregon owes much. 



152 ADMINISTRATION OF GAINES. 

the legislative branches of the government could at 
once satisfactorily terminate. 

The legislature amended the act laying out the 
judicial districts by attaching the county of Lane to 
the first and Umpqua to the second districts. This 
distribution made the first district to consist of Clack- 
amas, Marion, Linn, and Lane; the second of Wash 
ington, Yamhill, Benton, Polk, and Umpqua; and the 
third of Clarke, Lewis, and Clatsop. Pacific county 
was not provided for in the amendment. The judges 
were required to hold sessions of their courts twice 
annually in each county of their districts. But lest 
in the future it might happen as in the past, any one 
of the judges was authorized to hold special terms in 
any of the districts; other laws regulating the practice 
of the courts were passed, 23 and also laws regulating 
the general elections, and ordering the erection of 
court-houses and jails in each county of the territory. 

They amended the common school law, abolishing 
the office of superintendent, and ordered the election 
of school examiners; incorporated the Young Ladies 
Academy of Oregon City, St Paul s Mission Female 
Seminary, the First Congregational Society of Port 
land, the First Presbyterian Society of Clatsop 
plains; incorporated Oregon City and Portland; lo 
cated a number of roads, notably one from Astoria 
to the Willamette Valley, 24 and a plank-road from 
Portland to Yamhill county; and also the Yamhill 
Bridge Company, which built the first great bridge 
in the country. These, with many other less impor 
tant acts, occupied the assembly for sixty clays. 
Thurston s advice concerning memorializing congress 

23 Or. Gen. Laws, 1850-1, 158-164. 

24 This was a scheme of Thurston s, who, on the citizens of Astoria peti 
tioning congress to open a road to the Willamette, proposed to accept $10, 000 
to build the bridges, promising that the people would build the road. He 
then advised the legislature to go on with the location, leaving it to him to 
manage the appropriations. Lane finished his work in congress, and a gov 
ernment officer expended the appropriation without benefiting the Astorians 
beyond disbursing the money in their midst. See 31st Cony., 1st Seas., II. 
Com. Kept., 348, 3. 



A NEW DELEGATE. 153 

to pay the remaining expenses of the Cayuse war was 
acted upon, the committee consisting of McBride, 
Parker, and Hall, of the council, and Deady, Simpson, 
and Harding of the house. 25 Nothing further of im 
portance was done at this session. 

When the legislative assembly adjourned in Feb 
ruary, it was known that Thurston was returning to 
Oregon as a candidate for reelection, and it was ex 
pected that there would be a heated canvass, but that 
his party would probably carry him through in spite 
of the feeling which his course with regard to the 

Oregon Citv claim had created. But the unlocked 

v 

for death of Thurston, and the popularity of Lane, 
who, being of the same political sentiments, and gen 
erously willing to condone a fault in a rival who had 
confirmed to him as the purchaser of Abernethy Isl 
and a part of the contested land claim, made the 
ex-governor the most fitting substitute even with 
Thurston s personal friends, for the position of dele 
gate from Oregon. Some efforts had been made to 
injure Lane by anonymous letter-writers, who sent 
to the New York Tribune allegations of intemperance 
and improper associations, 26 but which were sturdily 
repelled by his democratic friends in public meetings, 
and which could not have affected his position, as 
Gaines was appointed in the usual round of office-giv 
ing at the beginning of a new presidential and party 
administration. That these attacks did not seriously 
injure him in Oregon was shown by the enthusiasm 
with which his nomination was accepted by the ma 
jority, and the result of the election, as well as by the 
fact of a county having been named after him between 
his removal as governor and nomination as delegate. 
The only objection to Lane, which seemed to carry 
any weight, was the one of being in the territory 



Cong., 1st Sess., IT. Jour., 1050, 1224. 
26 The writer signed himself Lansdale, but was probably J. Quinn Thorn 
ton, who admits writing such letters to get Lane removed, but gives a different 
sobriquet as I have already mentioned that of Achilles de Harley. 



154 ADMINISTRATION OF GAINES. 

without his family, which gave a transient air to his 
patriotism, to which people objected. They felt that 
their representative should be one of themselves in 
fact as well as by election, and this Lane declared his 
intention of becoming, and did in fact take a claim on 
the Umpqua River to show his willingness to become 
a citizen of Oregon. The opposing candidate was W. 
H. Willson, who was beaten by eighteen hundred or 
two thousand votes. As soon as the election was 
over, Lane returned to the lately discovered mining 
districts in southern Oregon, taking with him a strong 
party, intending to chastise the Indians of that sec 
tion, who were becoming more and more aggressive 
as travel in that direction increased, and their profits 
from robbery and murder became more important. 
That he should take it upon himself to do this, when 
there was a regularly appointed superintendent of 
Indian affairs- -for Thurston had persuaded congress 
to give Oregon a general superintendent for this work 
alone surprised no one, but on the contrary appeared 
to be what was expected of him from his aptitude in 
such matters, which became before he reached Rogue 
River Valley wholly a military affair. The delegate- 
elect was certainly a good butcher of Indians, who, as 
we have seen, cursed them as a mistake or damnable 
infliction of the Almighty. And at this noble occu 
pation I shall leave him, while I return to the history 
of the executive and judicial branches of the Oregon 
government. 

Obviously the tendency of office by appointment 
instead of by popular election is to make men indiffer 
ent to the opinions of those they serve, so long as they 
are in favor with or can excuse their acts to the ap 
pointing power. The distance of Oregon from the 
seat of general government and the lack of adequate 
mail service made the Gaines faction more than usu 
ally independent of censure, as it also rendered its 
critics more impatient of what they looked upon as an 



CENSURE OF JUDGES. 155 

exhibition of petty tyranny on the part of those who 
were present, and of culpable neglect on the part of 
those who remained absent. From the date of Judge 
Bryant s arrival in the territory in April 1849, to the 
1st of January 1851, when he resigned, he had spent 
but five months in his district. From December 1848 
to August 1850 Pratt had been the only judge in 
Oregon- -excepting Bryant s brief sojourn. Then he 
went east for his family, and Strong was the only 
judge for the eight months following, and till the 
return about the last of April 1851 of Pratt, accom 
panied by Chief Justice Thomas Nelson, appointed in 
the place of Bryant, 27 and J. R. Preston, surveyor- 
general of Oregon. 

The judges found their several dockets in a condi 
tion hardly to justify Thurston s encomiums in con 
gress upon their excellence of character. The freedom 
enjoyed under the provisional government, due in part 
to the absence of temptation, when all men were 
laborers, and when the necessity for mutual help and 
protection deprived them of a motive for violence, had 
ceased to be the boast and the security of the coun 
try. The presence of lawless adventurers, the abun 
dance of money, and the absence of courts, had tended 
to develop the criminal element, till in 1851 it became 
notorious that the causes on trial were ofterier of a 
criminal than a civil nature. 28 



27 Memorial of the Legislative Assembly of 1851-2, in 32d Cong., 1st 
If. Misc. Doc. , ix. 2-3. Thomas Nelson was born at Fcekskill, New York, 
January 23, 1819. He was the third son of William Nelson, a represen 
tative in congress, a lawyer by profession, and a man of worth and public 
spirit. Thomas graduated at Williams college at the age of 17. Being still 
very young he was placed under a private tutor of ability in New York city, 
that he might study literature and the French language. He also attended 
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 Westchester county, New York, 
when he was appointed chief justice of Oregon. Judge Nelson s private 
character was faultless, his manners courteous, and his bearing modest and 
refined. Livingston s Bioy. Sketches, 69-72 ; S. JR. Thurston, in Or. Spectator, 
April 10, 1851. 

XStrontfR Hist. Or., MS., 14. On the 7th of January 1851 William Ham 
ilton was shot and killed near Salem by William Kendall on whose land claim 



156 ADMINISTRATION OF GAINES. 

This condition of society encouraged the expression 
of public indignation pleasing to party prejudices and 
to the political aspirations of party leaders. At a 
meeting held in Portland April 1st, it was resolved 
that the president of the United States should be 
informed of the neglect of the judges of the first and 

second districts, no court having been held in Wash- 

^ 

ington county since the previous spring; nor had 
any judge resided in the district to whom application 

he was living. A special term of court was held on the 28th of March to try 
Kendall, who was defended by W. G. T Vault and B. F. Harding, convicted, 
sentenced by Judge Strong, and executed on the 18th of April, there being 
at the time no jail in which to confine criminals in Marion county. About 
the same time a sailor named Cook was shot by William Keene, a gambler, 
in a dispute about a game of ten-pins. Keene was also tried before Judge 
Strong, convicted of manslaughter, and sentenced to six years in the peniten 
tiary. As the jury had decided that he ought not to hang, and he could not 
be confined in an imaginary penitentiary, he was pardoned by the governor. 
Or. Statesman, May 16, 1851. Creed Turner a few months after stabbed and 
killed Edward A. Bradbury from Cincinnati, Ohio, out of jealousy, both 
being in love with a Miss Bonser of Sauve" Island. Deady defended him 
before Judge Pratt, but he was convicted and hanged in the autumn. Id., 
Oct. 28, 1851; Deady s Hist. Or., MS., 59. In Feb. 1852 William Everman, 
a desperate character, shot and killed Serenas C. Hooker, a worthy farmer of 
Polk county, for accusing him of taking a watch. He also was convicted and 
hanged. He had three associates in crime, Hiram Everman, his brother, who 
plead guilty and was sentenced to three years in the penitentiary; Enoch Smith, 
who escaped by the disagreement of the jury, was rearrested, tried again, 
sentenced to death, and finally pardoned; and David J. Coe, who by obtaining 
a change of venue was acquitted. As there was no prison where Hiram 
Everman could serve, he was publicly sold by the sheriff on the day of his 
brother s execution, to Theodore Prather, the highest bidder, and was set at 
liberty by the petition of his master just before the expiration of the three 
years. Smith took a land-claim in Lane county, and married. After several 
years his wife left him for some cause unknown. He shot himself in April 
1877, intentionally, as it was believed. Salem Mercury, April 18, 1877. About 
the time of the former murder, Nimrod O Kelly, inBenton county, killed Jere 
miah Mahoney, in a quarrel about a land-claim. He was sentenced to the peni 
tentiary and pardoned. In August, in Polk county, Adam E. Wimple, 35 
years of age, murdered his wife, a girl of fourteen, setting fire to the house 
to conceal his crime. He had married this child, whose name was Mary 
Allen, about one year before. Wimple was a native of New York. 8. F. 
Alta, Sept. 28, 1852. He was hanged at Dallas October 8, 1852. Or. States 
man, Oct. 23, 1852. Robert Maynard killed J. C. Platt on Rogue River for 
ridiculing him. He was executed by vigilants. Before the election of officers 
for Jackson county, one Brown shot another man, was arrested, tried before 
W. W. Fowler, temporarily elected judge, and hanged. Prim s Judic. Affairs 
in Southern Or., MS., 10. In July 1853, Joseph Nott was tried for the mur 
der of Ryland D. Hill whom he shot in an affray in Umpqua county. He 
was acquitted. Many lesser crimes appear to have been committed, such as 
burglary and larceny; and frequent jail deliveries were effected, these struc 
tures being built of logs and not guarded. In two years after the discovery 
of gold in California, Oregon had a criminal calender as large in proportion to 
the population as the older states. 



EXPULSION OF NEGROES. 157 

could be made for the administration of the laws. 
The president should be plainly told that there were 
"many respectable individuals in Oregon capable of 
discharging the duties of judges, or filling any offices 
under the territorial government, who would either 
discharge their duties or resign their offices." 29 The 
arrival of the new chief justice, and Pratt, brought a 
temporary quiet. Strong went to reside at Cathlamet, 
in his own district, and the other judges in theirs. 

At the first term of court held in Clackamas county 
by Chief Justice Nelson, he was called upon to decide 
upon the constitutionality of the law excluding negroes 
from Oregon. This law, first enacted by the provis 
ional legislature in 1844, had been amended, reenacted, 
and clung to by the law-makers of Oregon with sin 
gular pertinacity, the first territorial legislature reviv 
ing it among their earliest enactments. Thurston, 
when questioned in congress concerning the matter, 
defended the law against free blacks upon the ground 
that the people dreaded their influence among the 
Indians, whom they incited to hostilities. 30 Such a 
reason had indeed been given in 1844, when two dis 
orderly negroes had caused a collision between w T hite 
men and Indians, but it could not be advanced as a 
sufficient explanation of the settled determination of 
the founders of Oregon to keep negroes out of the 
territory, because all the southern and western fron 
tier states had possessed a large population of blacks, 
both slave and free, at the time they had fought the 
savages, without finding the negroes a dangerous ele 
ment of their population. It was to quite another 
cause that the hatred of the African was to be ascribed; 
namely, scorn for an enslaved race, which refused 
political equality to men of a black skin, and which 
might raise the question of slavery to disturb the 
peace of society. It was riot enough that Oregon 

29 Or. Statesman, April 11, 1851. Among those taking part in this meet 
ing were W. W. Chapman, D. H. Lounsdale, H. D. O Bryant, J. S. Smith, 
Z. C. Norton, S. Coffin, W. B. Otway, and N. Northrop. 

30 GW/. Globe, 1849-50, 1079, 1091. 



158 ADMINISTRATION OF GAINES. 

should be a free territory which could not make a 
bondsman of a black man, but it must exclude the 
remainder of the conflict then raging on his behalf in 
certain quarters. Judge Nelson upheld the constitu 
tionality of the law against free blacks, and two of 
fenders were given thirty days in which to leave the 
territory. 31 

The judges found a large number of indictments in 
the first and second districts. 32 The most important 
case in Yamhill county was one to test the legality 
of taxing land, or selling property to collect taxes, 
and was brought by C. M. Walker against the sheriff, 
Andrew Shuck, Pratt deciding that there had been 
no trespass. In the cases in behalf of the United 
States, Deady was appointed commissioner in chan 
cery, and David Logan 33 to take affidavits and 
acknowledgments of bail under the laws of congress. 
The law practitioners of 1850-1-2 in Oregon had the 
opportunity, and in many instances the talent, to 
stamp themselves upon the history of the common 
wealth, supplanting in a great degree the men who 
were its founders, 34 while endeavoring to rid the terri- 

31 By a curious coincidence one of the banished negroes was Winslow, the 
culprit in the Oregon City Indian affair of 1844, who had lived since then, at 
the mouth of the Columbia. Vanderpool was the other exiie. S. F. Alta, 
Sept. 16, 1851; Or. Statesman, Sept. 2, 1851. 

32 There were 30 indictments in Yamhill county alone, a large proportion 
being for breach of verbal contract. Six were for selling liquor to Indians, 
being federal cases. 

3a Logan was born in Springfield, 111., in 1824. His father was an eminent 
lawyer, and at one time a justice of the supreme court of Illinois. David im 
migrated to Oregon in 1850 and settled at Lafayette. He ran against Deady 
for the legislature in 1851 and was beaten. Soon after he removed to Port 
land, where he became distinguished for his shrewdness and powers of oratory, 
being a great jury lawyer. He married in 1862 Mary P. Waldo, daughter of 
Daniel Waldo. His highly excitable temperament led him into excesses 
which injured his otherwise eminent standing, and cut short his brilliant 
career in 1874. Salem Mercury, April 3, 1874. 

34 The practising attorneys at tins time were A. L. Lovejoy, W. G. T Vault, 
J. Quinn Thornton, E. Hamilton, A. Holbrook, Matthew P. Deady, B. F. Hard 
ing, R. P. Boise, David Logan, E. M. Barnum, J. W. Nesmith, A. D. M. 
Harrison, James McCabe, A. C. Gibbs, S. F. Chadwick, A. B. P. Wood, T. 
McF. Patton, F. Tilford, A. Campbell, D. B. Brenan, W. W. Chapman, A. 
E. Wait, S. D. Mayre, John A. Anderson, and C. Lancaster. There were 
others who had been bred to a legal profession, who were at work in the 
mines or living on land claims, some of whom resumed practice as society 
became more organized. 



POLITICS AND SOCIETY. 159 

tory of men whom they regarded as transient, whose 
places they coveted. 

There is always presumably a coloring of truth to 
charges brought against public officers, even when 
used for party purposes as they were in Oregon. The 
democracy were united in their determination to see 
nothing good in the federal appointees, with the ex 
ception of Pratt, who besides being a democrat had 
been sent to them by President Polk. On the other 
hand there were those who censured Pratt 35 for being 
what he was in the eyes of the democracy. The 
governor was held 36 equally objectionable with the 
judges, first on account of the position he had taken 
on the capital location question, and again for main 
taining Kentucky hospitality, and spending the money 
of the government freely without consulting any one, 
and as his enemies chose to believe without any care 
for the public interests. A sort of gay and fashion 
able air was imparted to society in Oregon City by 
the families of the territorial officers and the hospita 
ble Dr McLoughlin, 37 which was a new thing in the 
Willamette Valley, and provoked not a little jealousy 
among the more sedate and surly. 38 

35 W. "W. Chapman for contempt of court was sentenced by Pratt to twenty 
days imprisonment and to have his name stricken from the roll of attorneys. 
It was a political issue. Chapman was assisted by his Portland friends to 
escape, was rearrested, and on application to Judge Nelson discharged on a 
writ of error. 32d Cong., 1st Sess., Misc. Doc. 9, 3. See also case of Arthur 
Fayhie sentenced by Pratt for contempt, in which Nelson listened to a charge 
by Fayhie of misconduct in office on the part of Pratt, and discharged the 
prisoner by the advice of Strong. 

36 An example of the discourtesy used toward the federal officers was 
given when the governor was bereaved of his wife by an accident. Mrs 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. Mrs Gaines was a 
daughter of Nicholas Kincaid of Versailles, Ky. Her mother was Priscilla 
McBride. She was born March 13, 1800, and married to Gaines June 22, 
1819. Or. Spectator, Aug. 19, 1851. About fifteen months after his wife s 
death, Gaines married Margaret B. Wands, one of the five lady teachers sent 
to Oregon by Gov. Slade. Or. Statesman, Nov. 27, 1851. 

37 ^l/rs M. E. Wilson in Or. Sketches, MS., 19. 

18 Here is what one says of Oregon City society at the time: All was 
oddity. Clergymen so eccentric as to have been thrown over by the board 
on account of their queerness, had found their way hither, and fought their 
way among peculiar people, into positions of some kind. People were odd 



160 ADMINISTRATION OF GAINES. 

In order to sustain his position with regard to the 
location act, Games appealed for an opinion to the 
attorney-general of the United States, who returned 
for an answer that the legislature had a right to locate 
the seat of government without the consent of the 
governor, but that the governor s concurrence was 
necessary to make legal the expenditure of the appro 
priations, 39 which reply left untouched the point raised 
by Gaines, that the act was invalid because it em 
braced more than one object. With regard to this 
matter the attorney-general was silent, and the 
quarrel stood as at the beginning, the governor re 
fusing to recognize the law of the legislature as binding 
on him. His enemies ceased to deny the unconstitu 
tionally of the law, admitting that it might prove 
void by reason of non-conformity to the organic act, 
but they contended that until this was shown to be 
true in a competent court, it was the law of the land; 
and to treat it as a nullity before it had been disap 
proved by congress, to which all the acts of the legis 
lature must be submitted, was to establish a dangerous 
precedent, a principle striking at the foundation of all 
law and the public security. 

Into this controversy the United States judges 
were necessarily drawn, the organic act requiring 
them to hold a term of court, annually, at the seat of 
government; any two of the three constituting a 

in dress as well. Whenever one wished to appear well before his or her 
friends, they resurrected from old chests and trunks clothes made years ago. 
Now, as one costumer in one part of the world at one time, had made one 
dress, and another had made at another time another dress, an assembly in 
Oregon at this time presented to a new-comer, accustomed to only one fashion 
at once, a peculiar sight. Mrs Walker, wife of a missionary at Chimikane, 
near Fort Colville, having been 11 years from her clothed sisters, on coming 
to Oregon City was surprised to find her dresses as much in the fashion as 
any of the rest of them. Mrs Wilson, Or. Sketches, MS., 16, 17. Another 
says of the missionary and pioneer families: One lady who had been living at 
Clatsop since 1846 had a parasol well preserved, at least 30 years old, with a 
folding handle and an ivory ring to slip over the folds when closed. Another 
lady had a bonnet and shawl of nearly the same age which she wore to church. 
All these articles were of good quality, and an evidence of past fashion 
and respectability. Manners as well as clothes go out of mode, and much of 
the oddity Mrs Wilson discovered in an Oregon assembly in Gov. Games 
time was only manners out of fashion. 

39 Or. Spectator, July 29, 1851; Or. Statesman, Aug. 5, 1851., 



OPPOSITION GOVERNMENTS. 161 

quorum. 40 On the first of December, the legislature- 
elect 41 convened at Salem, as the capital of Oregon, 
except one councilman, Columbia Lancaster, and four 
representatives, A. E. Wait, W. F. Matlock, and 
D. F. Brownfield. Therefore this small minority 
organized as the legislative assembly of Oregon, at 
the territorial library room in Oregon City, was quali 
fied by Judge Strong, and continued to meet and 
adjourn for two weeks. Lancaster, the single coun 
cilman, spent this fortnight in making motions and 
seconding them himself, and preparing a memorial to 
congress in which he asked for an increase in the 
number of councilrnen to fifteen; for the improve 
ment of the Columbia River; for a bounty of one 
hundred and sixty acres of land to the volunteers in 
the Cayuse war; a pension to the widows and orphans 
of the men killed in the war; troops to be stationed 
at the several posts in the territory; protection to 
the immigration; ten thousand dollars to purchase 
a library for the university, and a military road to 
Puget Sound. 42 

About this time the supreme court met at Oregon 
City, Judges Nelson and Strong deciding to adopt 

40 Or. Gen. Laws, 1845-1864, 71. 

41 The council was composed of Matthew P. Deady, of Yamhill; J. M. Gar 
rison, of Marion; A. L. Lovejoy, of Clackamas; Fred. Waymire, of Polk; W. B. 
Mealey, of Linn; Samuel Parker, of Clackamas and Marion; A. L. Humphrey, 
of Benton; Lawrence Hall, of Washington; Columbia Lancaster, of Lewis, 
Clark, and Vancouver counties. The house consisted of Geo. L. Curry, A. E. 
Wait, and W. T. Matlock, of Clackamas ; Benj. Simpson, \Vilie Chapman, and 
James Davidson, of Marion; J. C. A very and Geo. E. Cole, of Benton; Luther 
White and William Allphin, of Linn; Ralph Wilcox, W. M. King, and J. 
C. Bishop, of Washington; A. J. Hembree, Samuel McSween, and R. C. 
Kinney, of Yamhill; Nat Ford and J. S. Holman of Polk; David M. Risdon, 
of Lane; J. W. Drew, of Umpqua; John A. Anderson and D. F. Brownfield 
of Clatsop and Pacific. Or. Statesman.. July 4, 1851. 

42 In style Lancaster was something of a Munchausen. It it true, he says 
in his memorial, which must indeed have astonished congress, that the 
Columbia River, like the principles of civil and religious equality, with wild 
and unconquerable fury has burst asunder the Cascade and Coast ranges of 
mountains, and shattered into fragments the basaltic formations, etc. 32d 
Cong., 1st Sew., H. Misc. Doc. 14, 1-5; Or. Stateman, Jan. 13, 1852. Ba 
saltic formation then became a sobriquet for the whig councilman among the 
Salem division of the legislature. The memorial was signed Columbia Lan 
caster, late president pro tern, of the council, and W. T. Matlock, late speaker 
pro tern, of the house of representatives. 

HIST. OB., VOL. II. 11 



162 ADMINISTRATION OF GAINES. 

the governor s view of the seat-of-government ques 
tion, while Pratt, siding with the main body of the 
legislature, repaired to Salem as the proper place to 
hold the annual session of the United States court. 
Thus a majority of the legislature convened at Salem 
as the seat of government, and a majority of the su 
preme court at Oregon City as the proper capital; 
and the division was likely to prove a serious bar to 
the legality of the proceedings of one or the other. 43 
The majority of the people were on the side of the 
legislature, and ready to denounce the imported judges 
who had set themselves up in opposition to their 
representatives. Before the meeting of the legisla 
tive body the people on the north side of the Colum 
bia had expressed their dissatisfaction with Strong 
for refusing to hold court at the place selected by the 
county commissioners, according to an act of the legis 
lature requiring them to fix the place of holding court 
until the county seat should be established. The 
place selected was at the claim of Sidney Ford, on the 
Chehalis River, whereas the judge went to the house 
of John R. Jackson, twenty miles distant, and sent a 
peremptory order to the jurors to repair to the same 
place, which they refused to do, on the ground that 
they had been ordered in the manner of slave-driving, 
to which they objected as unbecoming a judge and 
insulting to themselves. A public meeting was held, 
at which it was decided that the conduct of the judge 
merited the investigation of the impeaching power. 44 
The proceedings of the meeting were published 
about the time of the convening of the assembly, and 
a correspondence followed, in which J. B. Chapman 

43 Francis Ermatinger being 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, 1851. 

44 The principal persons in the transactions of the indignation meeting 
were J. B. Chapman, M. T. Simmons, D. F. Brownfield, W. P. Dougherty, 
E. Sylvester, Thos. W. Glasgow, and James McAllister. Or. Statesman, Dec. 
2 1851. 



IN SESSION AT SALEM. 163 



exonerated Judge Strong, declaring that the senti 
ment of the meeting had been maliciously misrepre 
sented; Strong replying that the explanation was 
satisfactory to him. But the Statesman, ever on the 
alert to pry into actions and motives, soon made it 
appear that the reconciliation had not been between 
the people and Strong, but that W. W. Chapman, 
who had been dismissed from the roll of attorneys in 
the second district, had himself written the letter and 
used means to procure his brother s signature with the 
object of being admitted to practice in the first dis 
trict; the threefold purpose being gained of exculpa 
ting Strong, undoing the acts of Pratt, and replacing 
Chapman on the roll of attorneys.* 5 

A majority of the legislative assembly having con 
vened at Salem, that body organized by electing 
Samuel Parker president of the council, and Richard 
J. White, chief clerk, assisted by Chester N. Terry and 
Thomas B. Micou. In the house of representatives 
William M. King was elected speaker, and Benjamin 
F. Harding chief clerk. Having spent several days 
in making and adopting rules of procedure, on the 5th 
of December the representatives informed the council 
of their appointment of a committee, consisting of 
Cole, Anderson, Drew, White, and Chapman, to act 
in conjunction with a committee from the council, to 
draft resolutions concerning the course pursued by 
the federal officers. 46 The message of the representa 
tives was laid on the table until the 8th. In the 
mean time Deady offered a resolution in the council 
that, in view of the action of Nelson and Strong, 
a memorial be sent to congress on the subject. Hall 
followed this resolution with another, that Hamil 
ton, secretary of the territory, should be informed 
that the legislative assembly was organized at Salem, 

and that his services as secretary were required at the 



45 Or. Statesman, Feb. 3, 1852. 
** Ur. Council, Jour. 1851-2, 10. 



164 ADMINISTRATION OF GAINES. 

place named, which was laid on the table. Finally, 
on the 9th, a committee from both houses to draft 
a memorial to congress was appointed, consisting of 
Curry, Anderson, and Avery, on the part of the 
representatives, and Garrison, Waymire, and Humph 
rey, on the part of the council. 47 

Pratt s opinion in the matter was then asked, which 
sustained the legislature as against the judges. Hec 
tor vvas then ordered to bring the territorial library 
from Oregon City to Salem on or before the first 
day of January 1852, which was not permitted by 
the federal officers. 48 

The legislators then passed an act re-arranging the 
judicial districts, and taking the counties of Linn, 
Marion, and Lane from the first and attaching them 
to the second district. 49 This action was justified by 
the Statesman, on the ground that Judge Nelson had 
proclaimed that he should decree all the legislation 
of the session held at Salem null. On the other hand 
the people of the three counties mentioned, excepting 
a small minority, held them to be valid; and it was 
better that Pratt should administer the laws peace 
fully than that Nelson should, by declaring them 
void, create disorder, and cause dissatisfaction. The 
latter was, therefore, left but one county, Clackamas, 
in which to administer justice. But the nullifiers, 
as the whig officials came now to be called, were not 

<7 Or. Council, Jour. 1851-2, 12-13. This committee appears to have been 
intended to draft a memorial on general subjects, as the memorial concerning 
the interference of the governor and the condition of the judiciary was drawn 
by a different committee. 

48 The Statesman of July 3d remarked: The territorial library, the gift of 
congress to Oregon, became the property, to all intents and purposes, of the 
federal clique, who refused to allow the books to be removed to Salem, and 
occupied the library room daily with a librarian of the governor s appointing. 
A full account of the affair was published in a little sheet called Vox Popu/i, 
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 Deady y Hist. Or., MS., 27-8; Strong s llist. Or., MS., 62-3; Graver s 
Pub. Life in Or., MS., 53. 



LAWS ENACTED. 165 

without their friends. The Oregonian, which was 
the accredited organ of the federal clique, was loud 
in condemnation of the course pursued by the legisla 
tors, while the Spectator, which professed to be an in 
dependent paper, weakly supported Governor Gaines 
and Chief Justice Nelson. Even in the legislative 
body itself there was a certain minority who protested 
against the acts of the majority, not on the subject 
of the location act alone, or the change in the judicial 
districts, leaving the chief justice one county only for 
his district, but also on account of the memorial to 
congress, prepared by the joint committee from both 
houses, setting forth the condition of affairs in the 
territory, and asking that the people of Oregon might 
be permitted to elect their governor, secretary, and 
judges. 

The memorial passed the assembly almost by accla 
mation, three members only voting against it, one of 
them protesting formally that it was a calumnious 
document. The people then took up the matter, pub 
lic meetings being held in the different counties to 
approve or condemn the course of the legislature, a 
large majority expressing approbation of the assembly 
and censuring the whig judges. A bill was finally 
passed calling for a constitutional convention in the 
event of congress refusing to entertain their petition 
to permit Oregon to elect her governor and judges. 
This important business having been disposed of, the 
legislators addressed themselves to other matters. 
Lane w 7 as instructed to ask for an amendment to the 
land law; for an increase in the number of councilmen 
in proportion to the increase of representatives; to 
procure the immediate survey of Yaquina Bay and 
Umpqua River; to procure the auditing and payment 
of the Cayuse war accounts; to have the organic act 
amended so as to allow the county commissioners to 
locate the school lands in legal subdivisions or in frac 
tions lying between claims, without reference to size 
or shape, where the sixteenth and thirty-sixth sec- 



166 ADMINISTRATION OF GAINES. 

tions were already settled upon; to have the postal 
agent in Oregon 50 instructed to locate post-offices and 
establish mail routes, so as to facilitate correspondence 
with different portions of the territory, instead of 
aiming to increase the revenue of the general govern- 
ment; to endeavor to have the mail steamship con 
tract complied with in the matter of leaving a mail at 
the mouth of the Umpqua River, and to procure the 
change of the port of entry on that river from Scotts- 
burg to Umpqua City. Last of all, the delegate was 
requested to advise congress of the fact that the ter 
ritorial secretary, Hamilton, refused to pay the legis 
lators their dues; and that it was feared the money 
had been expended in some other manner. 

Several new counties were created at this session, 
raising the whole number to sixteen. An act to create 
and organize Simmons out of a part of Lewis county 
was amended to make it Thurston county, and the 
eastern limits of Lewis were altered and defined. 51 
Douglas was organized out of Umpqua county, leav 
ing the latter on the coast, while the Umpqua Valley 
constituted Douglas. The countv of Jackson was 

O v 

also created out of the southern portion of the former 
Umpqua county, comprising the valley of the Rogue 
River, 52 and it was thought the Shasta Valley. These 
two new countries were attached to Umpqua for judi 
cial purposes, by which arrangement the Second Judi 
cial district was made to extend from the Columbia 
River to the California boundary. 53 

50 The postal agent was Nathaniel Coe, who was made the subject of invid 
ious remark, being a presidential appointee. 

51 The boundaries are not given in the reports. They were subsequently 
changed when Washington was set off. See Or. Local Laws, 1851-2, 13-15, 
30; New Tacoma North Pacific Coast, Dec. 15, 1879. 

52 A resolution was passed by the assembly that the surveyor-general be 
required to take measures to ascertain whether the town known as Shasta 
Butte City j(Yreka) was in Oregon or not, and to publish the result of his 
observations in the Statesman. Or. Council, Jour. 1851-2, 53. 

53 The first term of the United States district court held at the new 
court-house in Cyntheann was in October 1851. At this term James Mc- 
Cabe, B. F. Harding, A. B. P. Wood, J. W. Nesmith, and W. G. T Vault 
were admitted to practice in the Second Judicial district. McCabe was 
appointed prosecuting attorney, Holbrook having gone on a visit to the 



LAWS AND MEMORIALS. 167 

The legislature provided for taking the census in 
order to apportion representatives, and authorized the 
county commissioners to locate the election districts; 
and to act as school commissioners to establish com 
mon schools. A board of three commissioners, Har 
rison Linnville, Sidney Ford, and Jesse Applegate, 
was appointed to select and locate two townships of 
land to aid in the establishment of a university, ac 
cording to the provisions of the act of congress of Sep 
tember 27, 1850. 

An act was passed, of which Waymire was the 
author, accepting the Oregon City claim according to 
the act of donation, and also creating the office of 
commissioner to control and sell the lands donated by 
congress for the endowment of a university; but it 
became of no effect through the failure of the assem 
bly to appoint such an officer. 54 Deady was the 
author of an act exempting the wife s half of a donation 
claim from liability for the debts of the husband, 
which was passed, and which has saved the homesteads 
of many families from sheriff s sale. 

Among the local laws were two incorporating the 
Oregon academy at Lafayette, and the first Methodist 
church at Salem. 55 In order to defeat the federal 

States. J. W. Nesmith was appointed master and commissioner in chancery, 
and J. H. Lewis commissioner to take bail. Lewis, familiarly known as 
Uncle Jack, came to Oregon in 1847 and settled on La Creole, on a farm, later 
the property of John M. Scott, on which a portion of the town of Dallas is 
located. Upon the resignation of H. M. Weller, county clerk, in August 
1851, Lewis was appointed in his place, and subsequently elected to the 
office by the people. His name is closely connected with the history of the 
county and of Dallas. The first term of the district court held in any part 
of southern Oregon was at Yoncalla, in the autumn of 1852. Gibbs Notes, 
MS., 15. The tirst courts in Jackson county about 1851-2 were held by 
justices of the peace called alcaldes, as in California. Rogers was the first, 
Abbott the second. It was not known at this time whether Rogue River 
Valley fell within the limits of California or Oregon, and the jurisdiction 
being doubtful the miners improvised a government. See Popular Tribunals, 
vol. i., this series; Prim s Judicial Affairs, MS., 7-10; Jacksonville Dem. 
Times, April 8, 1871; Richardson s Mississippi, 407; Overland Monthly, xii. 
225-30. Pratt left Oregon in 1856 to reside in Cal. He had done substantial 
pioneer work on the bench, and owing to his conspicuous career he had been 
criticised doubtless through partisan feeling. 

54 For act see Or. Statesman, Feb. 3, 1852. 

35 Trustees of Oregon academy: Ahio S. Watt, R. P. Boise, James McBride, 
A. J. Hembree, Edward Geary, James W. Nesmith, Matthew P. Deady, R. 



168 ADMINISTRATION OF GAINES. 

i 

officers in their effort to deprive the legislators of the 
use of the territorial library, an act was passed re 
quiring a five thousand dollar bond to be given by 
the librarian, who was elected by the assembly. 56 

Besides the memorial concerning the governor and 
judges, another petition addressed to congress asked 
for better mail facilities with a post-office at each 
court-house in the several counties, and a mail route 
direct from San Francisco to Puget Sound, showing 
the increasing settlement of that region. It was 
asked that troops be stationed in the Rogue River 
Valley, and at points between Fort Hall and The 
Dalles for the protection of the immigration, which 
this year suffered several atrocities at the hands of 
the Indians on this portion of the route; that the pay 
of the revenue officers be increased; 57 and that an ap 
propriation be made to continue the geological survey 
of Oregon already begun. 

Having elected R. P. Boise district -attorney for 
the first and second judicial districts, and I. N. Ebey 
to the same office for the third district; reflected 
Bush territorial printer, and J. D. Boon territorial 
treasurer, 58 the assembly adjourned on the 21st of 
January, to carry on the war against the federal offi 
cers in a different field. 59 

C. Kinney, and Joel Palmer. Or. Local Laws, 1851-2, 62-3. The Meth 
odist church in Oregon City was incorporated in May 1850. 

56 Ludwell Rector was elected. The former librarian was a young man 
who came out with Gaines, and placed in that position by him while he held 
the clerkship of the surveyor-general s office, and also of the supreme court. 
Or. Statesman, Feb. 3, 1852. 

57 See memorial of J. A. Anderson of Clatsop County in Or. Statesman, 
Jan. 20, 1852. 

58 J. D. Boon was a Wesleyan Methodist preacher, a plain, unlearned man, 
honest and fervent, an immigrant of 1845. He was for many years a resident 
of Salem, and held the office of treasurer for several terms. Deady x Scrap 
Book, 87. 

59 There were in this legislature a few not heretofore specially mentioned. 
J. M. Garrison, one of the 7nen of 1843, before spoken of, was born in Indiana 
in 1813, and was a farmer in Marion county. Wilie Chapman, also of Marion, 
was born in South Carolina in 1817, reared in Term., and came to Oregon in 
1847. He kept a hotel at Salem. Luther White, of Linn, preacher and 
farmer, was born in 1797 in Ky, and immigrated to Oregon in 1847. A. J. 
Hembree, of the immigration of 1843, was born in Term, in 1813; was a 
merchant and farmer in Yamhill. James S. Holman, an immigrant of 1847, 



NEWSPAPER WAR. 169 

From the adjournment of the legislative assembly 
great anxiety was felt as to the action of congress in 
the matter of the memorial. Meanwhile the news 
paper war was waged with bitterness and no great 
attention to decency. Seldom was journalism more 
completely prostituted to party and personal issues 
than in Oregon at this time and for several years 
thereafter. Private character and personal idiosyn 
crasies were subjected to the most scathing ridicule. 

With regard to the truth of the allegations brought 
against the unpopular officials, from the evidence be 
fore me, there is no doubt that the governor was vain 
and narrow-minded ; though of course his enemies ex 
aggerated his weak points, while covering his credit 
able ones, 60 and that to a degree his official errors 
could not justify, heaping ridicule upon his past mili 
tary career, as well as blame upon his present guberna 
torial acts/ 1 and accusing him of everything dishonest, 

was born in Tenn. in 1813; a farmer in Polk. David S. Risdon was born in 
Vt in 1823, came to Oregon in 1850; lawyer by profession. John A. Ander 
son was born in Ky in 1824, reared in north Miss., and came to Oregon in 
1850; lawyer and clerk in the custom-house at Astoria. James Davidson, 
born in Ky in 1792; emigrated thence in 1847; housejoiner by occupation. 
George E. Cole, politician, born in New York in 1820; emigrated thence in 
1850 by the way of California. He removed to Washington in 1858, and was 
sent as a delegate to congress; but afterward returned to Oregon, and held 
the office of postmaster at Portland from 1873 to 1881. 

60 App/cgate s Views of Hist., MS., 48. Gaines assaulted Bush in the 
street on two occasions; once for accidentally jostling him, and again for 
something said in the Statesman. See issues of Jan. 27th and June 29, 1852. 
A writer calling himself A Kentuckian had attacked the governor s exercise 
of the pardoning power in the case of Enoch Smith, reminding his excellency 
that Kentucky, which produced the governor, produced also nearly all the 
murderers in Oregon, namely, Keen, Kendall, Turner, the two Evermans, and 
Smith. Common sense, sir, said this correspondent, should teach you that 
the prestige of Kentucky origin will not sustain you in your mental imbecility; 
and that Kentucky aristocracy, devoid of sense and virtue, will not pass cur 
rent in this intelligent market. Or . Statesman, June 15, 1852. 

61 John P. Gaines was born in Augusta, Va, in September 1795, removing 
to Boone county, Ky, in early youth. He volunteered in the war of 1812, 
being in the battle of the Thames and several other engagements. He rep 
resented Boone county for several years in the legislature of Ky, and was 
subsequently sent to congress from 1847 to 1849. He was elected major of 
the Ky cavalry, and served in the Mexican war until taken prisoner at 
Encarnacion. After some months of captivity he escaped, and joining the 
army served to the end of the war. On his return from Mexico, Taylor 
appointed him governor of Oregon. When his term expired he retired upon 
a farm in Marion county, where he resided till his death in December 1857. 
8. F. Alia, Jan. 4, 1858. 



170 ADMINISTRATION OF GAINES. 

from drawing his family stores from the quarter-mas 
ter s department at Vancouver, to re-auditing and 
changing the values of the certificates of the commis 
sioners appointed to audit the Cayuse war claims, and 
retaining the same to use for political purposes; 62 the 
truth being that these claims were used by both par 
ties. Holbrook, the United States attorney, was 
charged with dishonesty and with influencing both 
the governor and judges, and denounced as being 
responsible for many of their acts; 63 a judgment to 
which subsequent events seemed to give color. 

At the regular term, court was held in Marion 
county. Nelson repaired to Salem, and was met by 
a committee with offensive resolutions passed at a 
public meeting, and with other tokens of the spirit in 
which an attempt to defy the law of the territory, as 
passed at the last session, would be received. 64 Mean 
time the opposing parties had each had a hearing at 

62 Or. Statesman, Nov. 6, 1852; Id., Feb. 26, 1853. Whether or not this 
was true, Lane procured an amendment to the former acts of congress in order 
to make up the deficiency said to have been occasioned by the alteration of 
the certificates. Cong. Globe, 1852-3, app. 341; 33d Cong., 1st Sess., PI. Com. 
Kept. 122, 4-5. 

63 Memorial, in 32d Cong., 1st Sess., H. Misc. Doc. 9, 2; Or. Statesman, 
May 18, 1852. 

64 The ridicule, however, was not all on one side. There appeared. in the 
Orec/onian, and afterward in pamphlet form, with a dedication to the editors 
of Vox Populi, a satire written in dramatic verse, and styled a Melodrama, 
illustrated with rude wood-cuts, and showing considerable ability both for 
composition and burlesque. This publication, both on account of its political 
effect and because it was the first book written and published in Oregon of 
an original nature, deserves to be remembered. It contained 32 double-col 
umned pages, divided into five acts. The persons satirized were Pratt, 
Beady, Lovejoy, King, Anderson, Avery, Waymire, Parker, Thornton, Will- 
son, Bush, Backenstos, and Waterman of the Portland Times. The author 
was William L. Adams, an immigrant of 1848, a native of Painesville, Ohio, 
where he was born Feb. 1821. His parents removed to Michigan in 1834. 
In 1835 Adams entered college at Canton, 111.; going afterward to Galesburg, 
supporting himself by teaching in the vacations. He finished his studies at 
Bethany College, Va, and became a convert to the renowned Alexander 
Campbell. In 1845 he married OliviaGoodell, a native of Maine, and settled 
in Henderson County, 111. , from which state he came to Oregon. He taught 
school in Yamhill county, and was. elected probate judge. He was of 
fered a press at Oregon City if he would establish a whig newspaper at that 
place, which he declined; but in 1858 he purchased the Spectator press and 
helped materially to found the present republican party of Oregon. He was 
rewarded with the collectorship at Astoria under Lincoln. Portland West 
Shore, May, 1876. 



POLITICAL ISSUES. 171 

Washington. The legislative memorial and commu 
nications from the governor and secretary were spread 
before both houses of congress. 65 The same mail 
which conveyed the memorial conveyed a copy of the 
location act, the governor s message on the subject, 
the opinion of Attorney-General Crittenden, and the 
opinions of the district judges of Oregon. The presi 
dent in order to put an end to the quarrel recom 
mended congress to fix the seat of government of 
Oregon either temporarily or permanently, and to 
approve or disapprove the laws passed at Salem, in 
conformity to their decision 66 in favor of or against 
that place for the seat of government. To disapprove 
the action of the assembly would be to cause the 
nullification of many useful laws, and to create pro 
tracted confusion without ending the political feud. 
Accordingly congress confirmed the location and other 
laws passed at Salem, by a joint resolution, and the 
president signed it on the 4th of May. 67 

Thus far the legislative party was triumphant. 
The imported officials had been rebuked; the course 
of Governor Gaines had been commented on by many 
of the eastern papers in no flattering terms; and let 
ters from their delegate led them to believe that 
congress might grant the amendments asked to the 
organic act, permitting them to elect their governor 
and judges. The house did indeed on the 22d of 
June pass a bill to amend, 68 but no action was taken 
upon it in the senate, though a motion was made to 
return it, with other unfinished business, at the close 
of the session, to the files of the senate. 

The difference between the first Oregon delegate 
and the second was very apparent in the management 

65 S2d Cong., 1st Sess., S. Jour., 339; Cong. Globe, 1851-2, 451, 771; 32d 
Cony:, 1st Sess., H. Misc. Doc. 10; S2d Cong., 1st Sess., H. Ex. Doc. 94, 29. 

**W Cong., 1st Sess., H. Ex. Doc. 94, 1-2; and Id., 96, 1-8; Location 
Law, 1-39. The Location Law is a pamphlet publication containing the 
documents on this subject. 

61 Cong. Globe, 1851-2, 1199, 1209; 32d Cong., 1st Sess., S. Jour., 
Or. Statesman, June 29, 1852; Or. Gen. Laws, 1845-64, 71. 

**32d Cong., 1st Sess., Cong. Globe, 1851-2, 1594. 



172 ADMINISTRATION OF GAINES. 

of this business. Had Thurston been charged by his 
party to procure the passage of this amendment, the 
journals of the house would have shown some bold 
and fiery assaults upon established rules, and proofs 
positive that the innovation was necessary to the 
peace and prosperity of the territory. On the con 
trary, Lane was betrayed by his loyalty to his per 
sonal friends into seeming to deny the allegations of 
his constituents against the judiciary. 

The location question led to the regular organiza 
tion of a democratic party in Oregon in the spring of 
1852, forcing the whigs to nominate a ticket. The 
democrats carried the election; and soon after this 
triumph came the official information of the action of 
congress on the location law, when Gaines, with that 
want of tact which rendered abortive his administra 
tion, was no sooner officially informed of the confirma 
tion of the laws of the legislative assembly and the 
settlement of the seat-of-govermnent question than he 
issued a proclamation calling for a special session of 
the legislature to commence on the 26th of July. In 
obedience to the call, the newly elected members, many 
of whom were of the late legislative body, assembled 
at Salem, and organized by electing Deady president 
of the council, and Harding speaker of the house. 
With the same absence of discretion the governor in 
his message, after congratulating them on the settle 
ment of a vexed question, informed the legislature 
that it was still a matter of grave doubt to what ex 
tent the location act had been confirmed; and that 
even had it been wholly and permanently established, 
it was still so defective as to require further legisla 
tion, for which purpose he had called them together, 
though conscious it was at a season of the year when 
to attend to this important duty would seriously in 
terfere with their ordinary avocations; yet he hoped 
they would be willing to make any reasonable sacri 
fice for the general good. The defects in the location 



OFFICIAL WARFARE. 173 

act were pointed out, and they were reminded that 
no sites for the public buildings had jet been selected, 
and until that was done no contracts could be let for 
beginning the work; nor could any money be drawn 
from the sums appropriated until the commissioners 
were authorized by law to call for it. He also called 
their attention to the necessity of re-arranging the 
judicial districts, and reminded them of the incon 
gruous condition of the laws, recommending the ap 
pointment of a board for their revision, with other 
suggestions, good enough in themselves, but distaste 
ful as corning from him under the circumstances, and 
at an unusual and inconvenient time. In this mood the 
assembly adjourned sine die on the third day, with 
out having transacted any legislative business, and the 
seat-of-government feud became quieted for a time. 

This did not, however, end the battle. The chief 
justice refused to recognize the prosecuting attorney 
elected by the legislative assembly, in the absence 
of Amory Halbrook, and appointed S. B. Mayre, 
who acted in this capacity at the spring term of court 
in Clackamas county. The law of the territory re 
quiring indictments to be signed by this officer, it was 
apprehended that on account of the irregular proceed 
ings of the chief justice many indictments would be 
quashed. In this condition of affairs the democratic 
press was ardently advocating the election of Frank 
lin Pierce, the party candidate for the presidency of 
the United States, as if the welfare of the territory 
depended upon the executive being a democrat. Al 
though the remainder of Games administration was 
more peaceful, he never became a favorite of either 
faction, and great was the rejoicing when at the close 
of his delegateship Lane was returned to Oregon as 
governor, to resign and run again for delegate, leav 
ing his secretary, George L. Curry, one of the Salem 
clique, as the party leaders came to be denominated, 
to rule according to their promptings. 



CHAPTER VI. 

J 

DISCOVERY OF GOLD IN OREGON. 
1850-1852. 

POLITICS AND PROSPECTING IMMIGRATION AN ERA OF DISCOVERY EX 
PLORATIONS ON THE SOUTHERN OREGON SEABOARD THE CALIFORNIA 
COMPANY THE SCHOONER SAMUEL ROBERTS AT THE MOUTHS OF 
ROGUE RIVER AND THE UMPQUA MEETING WITH THE OREGON PARTY 
LAYING-OUT OF LANDS AND TOWN SITES FAILURE OF THE UMPQUA 
COMPANY THE FINDING OF GOLD IN VARIOUS LOCALITIES THE MAIL 
SERVICE EFFORTS OF THURSTON IN CONGRESS SETTLEMENT OF PORT 
ORFORD AND DISCOVERY OF Coos BAY THE COLONY AT PORT ORFORD 
INDIAN ATTACK THE T VADLT EXPEDITION MASSACRE GOVERNMENT 
ASSISTANCE. 

WHILE politics occupied so much attention, the 
country was making long strides in material progress. 
The immigration of 1850 to the Pacific coast, by the 
overland route alone, amounted to between thirty and 
forty thousand persons, chiefly men. Through the 
exertions of the Oregon delegate, in and out of con 
gress, about eight thousand were persuaded to settle 
in Oregon, where they arrived after undergoing more 
than the usual misfortunes. Among other things was 
cholera, from which several hundred died between the 
Missouri River and Fort Laramie. 1 The crowded 
condition of the road, which was one cause of the 
pestilence, occasioned delays with the consequent ex 
haustion of supplies. 2 The famine becoming known 
in Portland, assistance was forwarded to The Dalles 

1 White, in Camp Fire Orations, MS., 9-10; DowelVs Journal, MS., 5; 
Johnson s Cal. and Or., 255; Or. Spectator, Sept. 26, 1850. 

2 Says one of the sufferers: I saw men who had been strong stout men 
walking along through the hot desert sands, crying like children with fatigue, 
hunger, and despair. Cardwell s Emig. ComjSy, MS., 1. 

(174) 



IMMIGRATION OF 1850. 175 

military post, and thence carried forward and distrib 
uted by army officers and soldiers. Among the arrivals 
were many children, made orphans en route, and it 
was in the interest of these and like helpless ones 
that Frederick Waymire petitioned congress to amend 
the land law, as mentioned in the previous chapter. 
Those who came this year were bent on speculation 
more than any who had come before them; the gold 
fever had unsettled ideas of plodding industry and 
slow accumulation. Some came for pleasure and ob 
servation. 3 

Under the excitement of gold-seeking and the 
spirit of adventure awakened by it, all the great 
north-western seaboard was opened to settlement with 
marvellous rapidity. A rage for discovery and pros 
pecting possessed the people, and produced in a short 
time marked results. From the Klamath River to 
Puget Sound, and from the upper Columbia to the 
sea, men were spying out mineral wealth or laying 
plans to profit by the operations of those who pre 
ferred the risks of the gold-fields to other and more 
settled pursuits. In the spring of 1850 an association 
of seventy persons was formed in San Francisco to 
discover the mouth of Klamath River, believed at the 

* 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, 1850, and after a brief look at Oregon City sailed in the Mary Dare 
for the Islands, visiting San Francisco in Feb. 1851, thence proceeding to 
Mexico and Vera Cruz, and by the way of St Thomas back to England, all 
without appearing to see much, though he wrote a book called Coke s Ride. 
Two Frenchmen, Julius Brenchly and Jules Remy, were much interested in 
the Mormons, and wrote a book of not much value. Remy and Brenchly, ii. 
507-8. 

F. G. Hearn started from Kentucky intending to settle in Oregon, but 
seized by cholera was kept at Fort Laramie till the following year, when with 
a party of six he came on to the Willamette Valley, and finally took up his resi 
dence at Yreka, California. Hearrfs California Sketches, MS., is a collection 
of observations 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 entered before going to Oregon. Quigby s Irixh 
Race, 216-17. During Aug. and Sept. of this year Oregon was visited by the 
French traveller Saint Amant, who made some unimportant notes for the 
French government. Certain of his observations were apocryphal. See Saint 
Amant, 139-391. 



176 DISCOVERY OF GOLD IN OREGON. 

time, owing to an error of Fremont s, to be in Oregon. 
The object was wholly speculative, and included be 
sides hunting for gold the opening of a road to the 
mines of northern California, the founding of towns 
at the most favorable points on the route, with other 
enterprises. In May thirty-five of the shareholders, 
and some others, set out in the schooner Samuel Rob 
erts to explore the coast near the Oregon boundary. 
None of them were accustomed to hardships, and not 
more than three knew anything about sailing a ship. 
Lyman, the captain and owner, was not a sailor, but 
left the management of the vessel to Peter Mackie, a 
young Canadian who understood his business, and who 
subsequently for many years sailed a Steamship be 
tween San Francisco and Portland. Lyman s second 
mate was an Englishman named Samuel E. Smith, 
also a fair seaman; while the rest of the crew were 
volunteers from among the schooner s company. 

The expedition was furnished with a four-pound 
carronade and small arms. For shot they brought 
half a ton of nails, screws, hinges, and other bits of 
iron gathered from the ashes of a burned hardware 
store. Provisions were abundant, and two surveyors, 
with their instruments, were among the company/ 
which boasted several college graduates and men of 
parts. 5 

By good fortune, rather than by any knowledge or 
superior management, the schooner passed safely up 
the coast as far as the mouth of Rogue River, but 
without having seen the entrance to the Klamath, 
which they looked for north of its right latitude. A 

* These were Nathan Schofield, A. M. , author of a work on surveying, and 
Socrates Schofield his son, both from near Norwich, Connecticut. Schofield 
Creek in Douglas county is named after the latter. 

5 Besides the Schofields there were in the exploring company Heman Win 
chester, and brother, editor of the Pacific News of San Francisco; Dr Henry 
Payne, of New York; Dr E. R. Fiske, of Massachusetts; S. S. Mann, a gradu 
ate of Harvard University; Dr J. W. Drew, of New Hampshire; Barney, of 
New York; Woodbury, of Connecticut; C. T. Hopkins, of San Francisco; Henry 
H. Woodward, Patrick Flanagan, Anthony Ten Eyck, A. G. Able, James K. 
Kelly, afterward a leading man in Oregon politics; Dean, Tierman, Evans, 
and Knight, whose names have been preserved. 



KOGUE RIVER EXPLORATIONS. 177 

boat with six men sent to examine the entrance was 
overturned in the river and two were drowned, the 
others being rescued by Indians who pulled them 
ashore to strip them of their clothing. The schooner 
meantime was following in, and by the aid of glasses 
it was discovered that the shore was populous with 
excited savages running hither and thither with such 
display of ferocity as would have deterred the vessel 
from entering had not those on board determined to 
rescue their comrades at any hazard. It was high 
tide, and by much manoeuvring the schooner was 
run over the bar in a fathom and a half of water. 
The shout of relief as they entered the river was 
answered by yells from the shore, where could be 
seen the survivors of the boat s crew, naked and half 
dead with cold and exhaustion, being freely handled 
by their captors. As soon as the vessel was well 
inside, two hundred natives appeared and crowded on 
board, the explorers being unable to prevent them. 
The best they could do was to feign indifference and 
trade the old iron for peltries. When the natives had 
nothing left to exchange for coveted articles, they ex 
hibited an ingenuity as thieves that would have done 
credit to a London pickpocket. Says one of the com 
pany: "Some grabbed the cook s towels, one bit a 
hole in the shirt of one of our men to get at some 
beads he had deposited there, and so slyly, too, that 
the latter did not perceive his loss at the time. One 
fellow stole the eye-glass of the ship s quadrant, and 
another made way with the surveyor s note- book. 
Some started the schooner s copper with their teeth; 
and had actually made some progress in stripping her 
as she lay high and dry at low water, before they 
were found out. One enterprising genius undertook 
to get possession of the chain and anchor by sawing 
off the former under water with his iron knife! Con 
scious of guilt, and fearing lest we might discover the 
mischief he intended us, he would now and then throw 
a furtive glance toward the bow of the vessel, to the 

HIST. OB., VOL. II. 12 



178 DISCOVERY OF GOLD IN OREGON. 

great amusement of those who were watching him 
through the hawse pipes." 

An examination more laborious than profitable was 
made of the country thereabout, which seemed to 
offer no inducements to enterprise sufficient to war 
rant the founding of a settlement for any purpose. 
Upon consultation it was decided to continue the 
voyage as far north as the Umpqua River, and hav 
ing dispersed the tenacious thieves of Rogue River by 
firing among them a quantity of their miscellaneous 
ammunition, the schooner succeeded in getting to sea 
again without accident. 

Proceeding up the coast, the entrance to Coos Bay 
was sighted, but the vessel being becalmed could not 
enter. While awaiting wind, a canoe approached 
from the north, containing Umpquas, who offered to 
show the entrance to their river, which was made the 
5th of August. Two of the party went ashore in the 
canoe, returning at nightfall with reports that caused 
the carronade to belch forth a salute to the rocks and 
woods, heightened by the roar of a simultaneous dis 
charge of small arms. A flag made on the voyage 
was run up the mast, and all was hilarity on board 
the Samuel Roberts. On the 6th, the schooner crossed 
the bar, being the first vessel known to have entered 
the river in safety. On rounding into the cove called 
Winchester Bay, after one of the explorers, they came 
upon a party of Oregonians; Jesse Applegate, Levi 
Scott, and Joseph Sloan, who were themselves ex 
ploring the valley of the Umpqua with a purpose 
similar to their own. 6 A boat was sent ashore and a 
joyful meeting took place in which mutual encourage 
ment and assistance were promised. It was found that 
Scott had already taken a claim about twenty-six 
miles up the river at the place which now bears the 
name of Scottsburg, and that the party had come 
down to the mouth in the expectation of meeting 

6 Or. Spectator, March 7 and Sept. 12, 1850. See also Pioneer Mag., i. 
282, 350. 



THE UMPQUA COMPANY. 179 

there the United States surveying schooner Eiving, 
in the hope of obtaining a good report of the harbor. 
But on learning the designs of the California com 
pany, a hearty cooperation was offered on one part, 
and willingly accepted on the other. Another cir 
cumstance in favor of the Umpqua for settlement 
was the peacea,ble disposition of the natives, who 
since the days when they murdered Jedediah Smith s 
party had been brought under the pacifying influ 
ences of the Hudson s Bay Company, and sustained 
a good reputation as compared with the other coast 
tribes. 

On the morning of the 7th the schooner proceeded 
up the river, keeping the channel by sounding from a 
small boat in advance, and finding it one of the love 
liest of streams; 7 at least, so thought the explorers, 
one of whom afterward became its historian. 8 Finding 

o 

a good depth of water, with the tide, for a distance 
of eighteen miles, the boat s crew became negligent, 
and failing to note a gravelly bar at the foot of a bluff 
a thousand feet in height the schooner grounded in 
eight feet of water, and when the tide ebbed was left 
stranded. 9 

However, the small boat proceeded to the fooi of the 
rapids, where Scott was located, this being the head 
of tide-water, and the vessel was afterward brought 
safely hither. In consideration of their services in 

7 It is the largest river between the Sacramento and the Columbia. Ves 
sels of 800 tons can enter. Mrs Victor, in Pac. Rural Press, Nov. 8, 1879. 
The Umpqua is sometimes supposed to be the river discovered by Flores in 
1G03, and afterwards referred to as the "River of the West." Davidson s 
Coast Pilot, 126. 

6 This was Charles T. Hopkins, who wrote an account of the Umpqua ad 
venture for the S. F. Pioneer, vol. i. ii., a periodical published in the early 
days of California magazine literature. I have drawn my account partly from 
this source, as well as from Gibbs Notes on Or. Hist., MS., 2-3, and from 
historical Correspondence, MS., by S. S. Mann, S. F. Chadwick, H. H. Wood 
ward, members of the Umpqua company, and also from other sources, among 
which are Williams S. W. Oregon, MS., 2-3.; Letters of D. J. Lyons, and the 
Oregon Spectator, Sept. 5, 1850; Deady s Scrap-Book, 83; S. F. Evening Pica 
yune, Sept. 6, 18f>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, MS., 4. 



180 DISCOVERY OF GOLD IK OREGON. 

opening the river to navigation and commerce, Scott 
presented the company with one hundred and sixty 
acres of his land-claim, or that portion lying below 
the rapids, for a town site. Affairs having progressed 
so well the members of the expedition now organized 
regularly into a joint stock association called the 
"Umpqua Town-site and Colonization Land Com 
pany," the property to be divided into shares and 
drawn by lot among the original members. They 
divided their forces, and aided by Applegate and 
Scott proceeded to survey and explore to and through 
the Umpqua Valley. One .party set out for the ferry 
on the north branch of the Umpqua, and another for 
the main valley, 10 coming out at Applegate s settlement 
of Yoncalla, while a third remained with the schooner. 
Three weeks of industrious search enabled them to 
select four sites for future settlements. One at the 
mouth of the river was named Umpqua City, and 
contained twelve hundred and eighty acres, being 
situated on both sides of the entrance. The second 
location was Scottsburg. The third, called Elkton, 
was situated on Elk River at its junction with the 
Umpqua. The fourth, at the ferry above mentioned, 
was named Winchester, and was purchased by the 
company from the original claimant, John Aiken, 
who had a valuable property at that place, the natural 
centre of the valley. 

Having made these selections according to the best 
judgment of the surveyors, some of the company 
remained, while the rest reernbarked and returned to 
San Francisco. In October the company having sold 
quite a number of lots were able to begin operations 
in Oregon. They despatched the brig Kate Heath, 
Captain Thomas Wood, with milling machinery, mer 
chandise, and seventy-five emigrants. On this vessel 
were also a number of zinc houses made in Boston, 

10 Oakland, a few miles south of Yoncalla, was laid out in 1849 by Chester 
Lyman, since a professor at Yale College. This is the oldest surveyed town 
in the Umpqua Valley. Or. Sketches, MS., 3. 



GIBBS AND CHADWICK. 181 

which were put up on the site of Umpqua City. In 
charge of the company s business was Addison C. 
Gibbs, afterward governor of Oregon, who was on his 
way to the territory when he fell in with the projectors 
of the scheme, and accepted a position and shares. 11 

Thus far all went well. But the Umpqua Com 
pany were destined to bear some of those misfortunes 
which usually attend like enterprises. The passage 
of the Oregon land law in September was the first 
blow, framed as it was to prevent companies or non 
residents from holding lands for speculative purposes, 
in consequence of which no patent could issue to the 
company, and it could give no title to the lands it 
was offering for sale: They might, unrebuked, have 
carried on a trade begun in timber; but the loss of 
one vessel loaded with piles, and the ruinous detention 
of another, together with a fall of fifty per cent in 
the price of their cargoes, soon left the contractors in 
debt, and an assignment was the result, an event 
hastened by the failure of the firm in San Francisco 
with which the company had deposited its funds. 
Five months after the return of the Samuel Roberts to 
San Frariciseo, not one of those who sailed from the 
river in her was in any manner connected with the 
Umpqua scheme. The company in California having 
ceased to furnish means, those left in Oregon were 
compelled to direct their efforts toward solving the 
problem of how to live. 12 

11 D. C. Underwood, who had become a member of the association, was a 
passenger on the Kate Heath, a man well known in business and political cir 
cles in the state. 

12 Drew remained at Umpqua City, where he was subsequently Indian 
agent for many years, and where he held the office of collector of customs and 
subsequently of inspector. He was unmarried. Marysv dle Appeal, Jan. 20, 
1864. Winchester remained in Oregon, residing at Scottsburg, then at Rose- 
burg and Empire City. He was a lawyer, and a favorite with the bar of the 
Second Judicial district. He was generous in dealing, liberal in thought, of 
entire truth, and absolutely incorruptible. Salem Mercury, Nov. 10, 1876. 
Gibbs took a land claim seven miles above the mouth of the Umpqua, laying 
out the town of Gardiner, and residing there for several years, during which 
time he returned to the east and married Margaret M. Watkins, of Erie 
county, N. Y. Addison Crandall Gibbs, afterward governor of Oregon, was 
born at East Otto, Cattanuigus county, X. Y., July 9, 1825, and educated at 
the New York State Normal school. He became a teacher, and studied law, 



182 DISCOVERY OF GOLD IN OREGON. 

But although the Umpqua Company failed to carry 
out its designs, it had greatly benefited southern 
Oregon by surveying and mapping Umpqua harbor, 
the notes of the survey being published, with a report 
of their explorations and discoveries of rich agricul 
tural lands, abundant and excellent timber, valuable 
water-power, coal and gold mines, fisheries and stone- 
being admitted to the bar in May 1849 at Albany. He is descended from a 
long line of lawyers in England ; his great grandfather was a commissioned 
omcer in the revolutionary war. In Oregon he acted well his part of pioneer, 
carrying the mail in person, or by deputy, from Yoncalla to Scottsburg for a 
period of four years through the noods and storms of the wild coast mount 
ains, never missing a trip. He was elected to the legislature of 1851-2. 
When Gardiner was made a port of entry, Gibbs became collector of customs 
for the southern district of Oregon. He afterward removed to the Umpqua 
Valley, and in 1858 to Portland, where he continued the practice of law. He 
was ever a true friend of Oregon, taking a great personal interest in her de 
velopment and an intelligent pride in her history. He has spared no pains 
in giving me information, which is embodied in a manuscript entitled. Notes 
on the History of Oregon. 

Stephen Fowler Chadwick, a native of Connecticut, studied law in New 
York, where he was admitted to practice in 1850, immediately after which he 
set out for the Pacific coast, joining the Umpqua Company and arriving in 
Oregon just in time to be left a stranded speculator on the beautiful but 
lonely bank of that picturesque river. When the settlement of the valley 
increased he practised his profession with honor and profit, being elected 
county and probate judge, and also to represent Douglas county in the con 
vention which framed the state constitution. He was presidential elector in 
1864 and 1868, being the messenger to carry the vote to Washington in the 
latter year. He was elected secretary of state in 1870, which olhce he held 
for eight years, becoming governor for the last two years by the resignation 
of Grover, who was elected to the U. S. senate. Governor Chadwick was also 
a distinguished member of the order of freemasons, having been grand master 
in the lodge of Perfection, and having received the 33d degree in the Scotch 
rite, as well as having been for 17 years chairman of the committee on foreign 
correspondence for the grand lodge of Oregon, and a favorite orator of the 
order. He married in ,1856 Jane A. Smith of Douglas county, a native of 
Virginia, by whom he has two daughters and two sous. Of a lively and ami 
able temper and courteous manner, he has always enjoyed a popularity inde 
pendent of official eminence. His contributions to this history consist of 
letters and a brief statement of the Public Records of the Capitol in manuscript. 
I shall never forget his kindness to me during my visit to Oregon in 1878. 
James K. Kelly was born in Center county, Penn., in 1819, educated at Prince 
ton college, N. J., and studied law at Carlisle law school, graduating in 1842, 
and practising in Lewiston, Penn., until 1849, when he started for California 
by way of Mexico. Not finding mining to his taste, he embarked his fortunes 
in the Umpqua Company. He went to Oregon City and soon came into notice. 
He was appointed code commissioner in 1853, as I have elsewhere mentioned, 
and was in the same year elected to the council, of which he was a member for 
four years and president for two sessions. As a military man he figured con 
spicuously in the Indian wars. He was a member of the constitutional con 
vention in 1857, and of the state senate in 18GO. In 1870 he was sent to the 
U. S. senate, and in 1878 was appointed chief justice of the supreme court. 
His political career will be more particularly noticed in the progress of this 
history. 



BIRTH OF TOWNS. 183 

quarries. These accounts brought population to that 
part of the coast, and soon vessels began to ply be 
tween San Francisco and Scottsburg. Gardiner, 
named after the captain of the Bostonian, which was 
wrecked in trying to enter the river in 1850, sprang 
up in 1851. In that year also a trail was constructed 
for pack-animals across the mountains to Winchester, 13 
which became the county seat of Douglas county, 
with a United States land office. From Winchester 
the route was extended to the mines in the Umpqua 
and Rogue River valleys. Long trains of mules 
laden with goods for the mining region filed daily 
along the precipitous path which was dignified with 
the name of road, their tinkling bells striking cheerily 
the ear of the lonely traveller plodding his weary way 
to the gold-fields. Scottsburg, which was the point 
of departure for the pack-trains, became a commercial 
entrepot of importance. 14 The influence of the Ump 
qua interest was sufficient to obtain from congress at 
the session of 1850-51 appropriations for mail ser 
vice by sea and land, a light-house at the mouth of 
the river, and a separate collection district. 15 

As the mines were opened permanent settlements 
were made upon the farming lands of southern Oregon, 
and various small towns were started from 1851 to 

13 Winchester was laid out by Addison C. Flint, who was in Chile in 1845, 
to assist in the preliminary survey of the railroad subsequently built by the 
infamous Harry Meigs. In 1849 Flint came to California, and the following 
year to Oregon to make surveys for the Urapqua Company. He also laid out 
the town of Roseburg in 1854 for Aaron Rose, where he took up his residence 
in 1857. Or. Sketches, MS., 2-4. 

14 Allan, McKiiilay, and McTavish of the Hudson s Bay Company opened 
a trading-house at Scottsburg; and Jesse Applegate also turned merchant. 
Applegate s manner of doing business is described by himself in Burnett s 
Recollection* of a Pioneer: 1 sold goods on credit to those who needed them 
most, not to those who \vere able to pay, lost 30,000, and quit the business. 

la The steamers carrying the mails from Panama to the Columbia River 
were under contract to stop at the Umpqua, and one entry was made, but 
the steamer was so nearly wrecked that no further attempt followed. The 
merchants and others at Scottsburg and the lower towns, as well as at 
Winchester, had to wait for their letters and papers to go to Portland and be 
sent up the valley by the bi-monthly mail fa Yoncalla, a delay which was 
severely felt and impatiently resented. The legislature did not fail to repre 
sent the matter to congress, and Thurston did all he could to satisfy his con 
stituents, though he could not compel the steamship company to keep its 
contract or congress to annul it. 



184 DISCOVERY OF GOLD IN OREGON. 

1853 in the region south of Winchester, 16 notably the 
town of Roseburg, founded by Aaron Rose, 17 who 
purchased the claim from its locators for a horse, 
and a poor one at that. A flouring mill was put in 
operation in the northern part of Umpqua Valley, and 
another erected during the summer of 1851 at Win 
chester. 18 A saw-mill soon followed in the Rogue 
River Valley/ many of which improvements were 
traceable, more or less directly, to the impetus given 
to settlement by the Umpqua Company. 

In passing back and forth to California, the Oregon 
miners had not failed to observe that the same soil and 
geological structure characterized the valleys north 
of the supposed 20 northern boundary of California that 

16 The first house in Rogue River Valley was built at the ferry on Rogue 
River established by Joel Perkins. The place was first known as Perkins 
Ferry, then Long s Ferry, and lastly as Vannoy s. The next settlement was 
at the mouth of Evans creek, a tributary of Rogue River, so called from a 
trader named Davis Evans, a somewhat bad character, who located there. 
The third was the claim of one Bills, also of doubtful repute. Then came the 
farm of N. C. Dean at Willow Springs, five miles north of Jacksonville, and 
near it the claim of A. A. Skinner, who built a house in the autumn of 
1851. South of Skinner s, on the road to Yreka, was the place of Stone 
and Points on Wagner creek, and beyond, toward the head of the valley, 
those of Dunn, Smith, Russell, Barren, and a few others. Duncan s Settle 
ment, MS., 5-6. The author of this work, L. J. C. Duncan, was born in 
Tennessee in 1818. He came to California in 1849, and worked in the Mari- 
posa mines until the autumn of 1850, when, becoming ill, he came to Oregon 
for a change of climate and more settled society. In the autumn of 1851 he 
determined to try mining in the Shasta Valley, and also to secure aland claim 
in the Rogue River Valley. This he did, locating on Bear or Stuart creek, 
12 miles south-east of Jacksonville, where he resided from 1851 to 1858, during 
which time he mined on Jackson s creek. He shared in the Indian wars which 
troubled the settlements for a number of years, finally establishing himself in 
Jacksonville in the practice of the law, and being elected to the office of 
judge. 

" Deady s Hist. Or., MS., 72-3. 

18 Or. Spectator, Feb. 10, 1852. 

19 J. A. Cardwell was born in Tennessee in 1827, emigrated from Iowa to 
Oregon in 1850, spent the first winter in the service of Quartermaster Ingalls 
at Fort Vancouver, and started in the spring for California with 26 others to 
engage in mining. After a skirmish with the Rogue River Indians and vari 
ous other adventures they reached the mines at Yreka, where they worked 
until the dry season forced a suspension of operations, when Cardwell, with 
E. Emery, J. Emery, and David Hurley, went to the present site of Ashland 
in the Rogue River Valley, and taking up a claim erected the first saw-mill 
in that region early in 1852. I have derived much valuable information from 
Mr Cardwell concerning southern Oregon history, which is contained in a 
manuscript entitled Emigrant Company, in Mr Cardwell s own hand, of the 
incidents of the immigration of 1850, the settlement of the Rogue River Val 
ley, and the Indian wars which followed. 

20 As late as 1854 the boundary was still in doubt. Intelligence has just 



MOVEMENT OF MINERS. 185 

were found in the known mining regions, and prospect 
ing was carried on to a considerable extent early in 
1850. In June two hundred miners were at work in 
the Umpqua Valley. 21 But little gold was found at 
this time, and the movement was southward, to Rogue 
River and Klamath. According to the best authori 
ties the first discovery on any of the tributaries of the 
Klamath was in the spring of 1850 at Salmon Creek. 
In July discoveries were made on the main Klamath, 
ten miles above the mouth of Trinity River, and in 
September on Scott River. In the spring of 1851 
gold was found in the Shasta Valley, 22 at various places, 

been 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 
were informed by some of the gentlemen attached to the expedition, that the 
disputed territory belonged to Oregon, and not California, as was generally 
supposed. This territory includes two of the finest districts in the country, 
Sailor s Diggings and Althouse Creek, besides some other minor places not of 
much importance to either. The announcement has caused some excitement in 
that neighborhood, as the miners do not like to be so suddenly transported 
from California to Oregon. They have heretofore voted both in California and 
Oregon, although in the former state it has caused several contested election 
cases, and refused to pay taxes to either. It is also rumored around the city, 
for which we will not vouch, that Yreka is in Oregon. But we hardly think 
it possible, from the observations heretofore taken by scientific men, which 
brings Yreka 15 miles within the line. Cresent City Herald, in D. Alto, 
Gala., June 28, 1854. 

21 S. F. Courier, July 10, 1850. 

22 In the early .summer of 1850 Gen. Lane, with a small party of Orego- 
nians, viz. John Kelly, Thomas Brown, Martin Angell, Samuel and John 
Simondson, and Lane s Indian servant, made a discovery on the Shasta river 
near where the town of Yreka was afterward built. The Indians proving 
troublesome the party removed to the diggings on the upper Sacramento, but 
not finding gold as plentiful as expected set out to prospect on Pit Paver, from 
which place they were driven by the Indians back to the Sacramento where 
they wintered, going in February 1851 to Scott River, from which locality 
Lane was recalled to the Willamette Valley to run for the office of delegate 
to congress. Speaking of the Pit river tribe, Lane says: The Pit River 
Indians were great thieves and murderers. They actually stole the blankets 
off the men in our camp, though I kept one man on guard all the time. They 
stole our best horse, tied at the head of my bed, which consisted of a blanket 
spread on the ground, with my saddle for a pillow. They sent an arrow into 
a miner because he happened to be rolled in his blanket so that they could 
not pull it from him. They caught Driscoll when out prospecting, and were 
hurrying him off into the mountains when my Indian boy gave the alarm and 
I went to his rescue. He was so frightened he could neither move nor speak, 
which condition of their captive impeded their progress. When I appeared 
he fell down in a swoon. I pointed my gun, which rested on my six-shooter, 
and ordered the Indians to leave. While they hesitated and were trying to 
flank me my Indian boy brought the canoe alongside the shore, on seeing 



186 DISCOVERY OF GOLD IN OREGON. 

notably on Greenhorn Creek, Yreka, and Humbug 
Creek. 

The Oregon miners were by this time satisfied that 
gold existed north of the Siskiyou range. Their ex 
plorations resulted in finding the metal on Big Bar of 
Rogue River, and in the canon of Josephine Creek. 
Meanwhile the beautiful and richly grassed valley of 
Rogue River became the paradise of packers, who 
grazed their mules there, returning to Scottsburg or 
the Willamette for a fresh cargo. In February 1852 
one Sykes who worked on the place of A. A. Skinner 
found gold on Jackson Creek, about on the west line 
of the present town of Jacksonville, and soon after 
two packers, Cluggage and Pool, occupying themselves 
with prospecting while their animals were feeding, 
discovered Rich Gulch, half a mile north of Sykes 
discovery. The wealth of these mines 23 led to an 
irruption from the California side of the Siskiyou, and 
Willow Springs five miles north of Jacksonville, 
Pleasant Creek, Applegate Creek, and many other 
localities became deservedly famous, yielding well for 
a number of years. 

Everv miner, settler, and trader in this remote in- 

i/ 

terior region was anxious to hear from friends, home, 
and of the great commercial world without. As I 
have before said Thurston labored earnestly to show 
congress the necessity of better mail facilities for Ore 
gon, 24 the benefit intended to have been conferred 

which they beat a hasty retreat thinking I was about to be reenforced. Dris- 
coll would never cross to the east side of the river after his adventure. Lane s 
Autobiography, MS., 104-5. 

23 Early Affairs, MS., 10; Duncan s Southern Or., MS., 5-6; DowelVs 
Scrap-book, 31; Victor s Or., 334. A nugget was found in the Rogue River 
diggings weighing $800 and another $1300. See accounts in S. F. Alfa, 
Sept. 14, 1852; S. F. Pac. News, March 14, 1851; and S. F. Herald, Sept. 
28, 1851. 

24 In October 1845 the postmaster-general advertised for proposals to carry 
the United States mail from New York by Habana to the Chagre River and 
back; with joint or separate offers to extend the transportation to Panama 
and up the Pacific to the mouth of the Columbia, and thence to the Hawaiian 
Islands, the senate recommending a mail route to Oregon. Between 1846 
and 1848 the government thought of the plan of encouraging by subsidies the 



MAIL SERVICE. 187 

having been diverted almost entirely to California by 
the exigencies of the larger population and business 
of that state with its phenomenal growth. 

The postal agent appointed at San Francisco for 
the Pacific coast discharged his duty by appointing 
postmasters, 25 but further than sending the mails to 
Oregon on sailing vessels occasionally he did nothing 
for the relief of the territory. 26 Not a mail steamer 
appeared on the Columbia in 1849. Thurston wrote 
home in December that he had been hunting up the 
documents relating to the Pacific mail service, and the 
reason why the steamers did not come to Astoria. 
The result of his search was the discovery that the 
then late secretary of the navy had agreed with 
Aspinwall that if he should send the Oregon mail 
and take the same, once a month, by sailing vessel, 
"at or near the mouth of the Klamath River," and 
would touch at San Francisco, Monterey, and San 
Diego free of cost to the government, he should not 
be required to run steamers to Oregon till after re 
ceiving six months notice. 27 

Here were good faith and intelligence indeed I The 

establishment of a line of steamers between Panamd and Oregon, by way of 
some port in California. At length Howland and Aspinwall agreed to carry 
the mails once a month, and to put on a line of three steamers of from 1,000 
to 1,200 tons, giving cabin accommodations for about 25 passengers, as many 
it was thought as would probably go at one time, the remainder of the vessel 
being devoted to freight. Crosby s Statement, MS., 3. Three steamers were 
constructed under a contract with the secretary of the navy, viz. : the Cali 
fornia, 1,400 tons, with a single engine of 250 horse-power, handsomely fin 
ished and carrying 46 cabin and a hundred steerage passengers; the Panama- 
of 1,100 tons, and the Oregon of 1,200 tons, similarly built and furnished. 
32d Con;/., IxtSess., S. Doc. 50; Hon. Polynesian, April 7, 1840; Otis Panama 
Jt. 7?. The California left port in the autumn of 1848, arriving at Val 
paraiso on the 20th of December, seventy-four days from New York, proceed 
ing thence to Callao and Panama, where passengers from New York to 
Habana and Chagre were awaiting her, and reaching San. Francisco on 
the 28th of February 1849, where she was received with great enthusiasm. 
She brought on this first trip over 12,000 letters. S. F. Alta California in 
Polynesian, April 14, 1849. See also Hist. Ceil, and Gal. Inter Pocula, this 
Series. 

2i John Adair at Astoria, F. Smith at Portland, George L. Curry at Oregon 
City, and J. B. McClane, at Salem. J. C. Avery was postmaster at CorvaLlis, 
Jesse Applegate at Yoncalla, S. F. Chadwick at Scottsburg. 

26 Or. Spectator, Nov. 29, 1849; Rept. of Gen. Smith, in 31st Cong., 1st 
Seas., S. Doc. 47, 107. 

21 Or. Spectator, April 18, 1850. 



188 DISCOVERY OF GOLD IN OREGON. 

then undiscovered mouth of the Klamath River for 

a distributing point for the Oregon mail ! Thurston 
with characteristic energy soon procured the promise 
of the secretary that the notice should be immediately 
given, and that after June 1850 mail steamers should 
go "not only to Nisqually, but to Astoria." 28 The 
postmaster-general also recommended the reduction 
of the postage to California and Oregon to take effect 
bv the end of June 185 1. 29 

n 

At length in June 1850 the steamship Carolina, 
Captain R. L. Whiting, made her first trip to Port 
land with mails and passengers. 30 She was withdrawn 
in August and placed on the Panamd, route in order 
to complete the semi-monthly communication called 
for between that port and San Francisco. On the 1st 
of September the California arrived at Astoria and 
departed the same day, having lost three days in a 
heavy fog off the bar. On the 27th the Panama ar 
rived at Astoria, and two days later the Seagull, 31 a 
steam propeller. On the 24th of October the Oregon 
brought up the mail for the first time, and was an 
object of much interest on account of her name. 32 
There was no regularity in arrivals or departures 
until the coming from New York of the Columbia, 

28 This quotation refers to an effort on the part of certain persons to make 
Nisqually the point of distribution of the mails. The proposition was sus 
tained by Wilkes and Sir George Simpson. If they get ahead of me, said 
Thurston in his letter, they will rise early and work late. 

29 Slat Cong., 2d Se.ss., 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 Pacihc coast 
and fixed it at six cents a single sheet, or double the rate in the Atlantic states. 
Or. Statesman, May 9, 1851. 

30 McCracken s Early Steamboating , MS., 7; Salem Directory, 1874, 95; 
Portland Orcgonian, Jan. 13, 1872. There was an incongruity in the law 
establishing the mail service, which provided for a semi-monthly mail to the 
river Chagre, but only a monthly mail from Panama up the coast. Kept, of 
P. M. Gen., in 31st Cong., 2d Sess., H. Ex. Doc. 1, 410; Or. Spectator, Aug. 
8, 1850. 

31 The Seagull was wrecked on the Humboldt bar on her passage to Ore 
gon, Feb. 26, 1852. Or. Statesman, March 2, 1852. 

32 Or. Spectator, Oct. 31, 1850. The Oregon was transformed into a sail 
ing vessel after many years of service, and was finally sunk in the strait of 
Juan de Fuca by collision with the bark Ger mania in 1880. Her commander 
when she first came to Oregon was Lieut. Charles P. Patterson of the navy. 



COAST SURVEY. 189 

brought out by Lieutenant G. W. Totten of the 
navy, in March 1851, and afterward commanded by 
William Ball. 33 

The Columbia supplied a great deficiency in com 
munication with California and the east, though 
Oregon was still forced to be content with a monthly 
mail, \vhile California had one twice a month. The 
postmaster-general s direction that Astoria should be 
made a distributing office was a blunder that the 
delegate failed to rectify. Owing to the lack of navi 
gation by steamers on the rivers, Astoria was but a 
remove nearer than San Francisco, and while not 
quite so inaccessible as the mouth of the Klamath, 
was nearly so. When the post-routes w 7 ere advertised, 
no bids were offered for the Astoria route, and when 
the mail for the interior was left at that place a 
special effort must be made to bring it to Portland. 34 

Troubled by reason of this isolation, the people of 
Oregon had asked over and over for increased mail 
facilities, and as one of the ways of obtaining them, 
and also of increasing their commercial opportunities, 
had prayed congress to order a survey of the coast, 
its bays and river entrances. Almost immediately 

33 The Columbia was commenced in New York by a man named Hunt, 
who lived in Astoria, under an agreement with Coffin, Lownsdale, and Chap 
man, the proprietors, of Portland, to furnish a certain amount of money to 
build a vessel to run between San Francisco and Astoria. Hunt went east, 
and the keel of the vessel was laid in 1849, and he got her on the ways and 
ready to launch when his money gave out, and the town proprietors of Port 
land did not send any more. So she was sold, and Rowland and Aspinwall 
bought her for this trade themselves . . . She ran regularly once a mouth from 
San Francisco to Portland, carrying the mails and passengers. She was very 
stanchly built, of 700 tons register, would carry 50 or 60 cabin passengers, 
with about as many in the steerage, and cost $150,000. N. Y. Tribune, in Or. 
Spectator, Dec. 12, 1850; Dandy s Hist. Or., MS., 10-11. 

34 The postal agent appointed in 1851 was Nathaniel Coe, a man of high 
character and scholarly attainments, as well as religious habits. He was a 
native of Morristown, New Jersey, born September 11, 1788, a whig, and a 
member of the Baptist church. In his earlier years he represented Alleghany 
county, New York, in the state legislature. When his term of office in Oregon 
expired he remained in the country, settling on the Columbia River near the 
mouth of Hood River, on the eastern slope of the Cascade Mountains. His 
mental energy was such, that neither the rapid progress of the sciences of our 
time, nor his own great age of eighty, could check his habits of study. The 
ripened fruits of scholarship that resulted appeared as bright as ever even 
in the last weeks of his life. He died at Hood River, his residence, October 
17, 1868. Vancouver Register, Nov. 7, 1868; Dalles Mountaineer, Oct. 23, 1868. 



190 DISCOVERY OF GOLD IN OREGON. 

upon the organization of the territory, Professor A. 
D. Bache, superintendent of the United States coast 
survey, was notified that he would be expected to 
commence the survey of the coast of the United 
States on the Pacific. A corps of officers was se 
lected and divided into two branches, one party to 
conduct the duties of the service on shore, and the 
other to make a hydrographical survey. 

The former duty devolved upon assistant-superin 
tendent, James S. Williams, Brevet-Captain D. P. 
Hammond, and Joseph S. Ruth, sub-assistant. The 
naval survey was conducted by Lieutenant W. P. 
McArthur, in the schooner Ewing, which was com 
manded by Lieutenant Washington Bartlett of the 
United States navy. The time of their advent on 
the coast was an unfortunate one, the spring of 1849, 
when the gold excitement was at its height, prices 
of labor and living extortionate, and the difficulty of 
restraining men on board ship, or in any service, 
excessive, the officers having to stand guard over the 
men, 35 or to put to sea to prevent desertions. 

So many delays were experienced from these and 
other causes that nothing was accomplished in 1849, 
and the Swing wintered at the Hawaiian Islands, 
returning to San Francisco for her stores in the 
spring, and again losing some of her men. On the 
3d of April, Bartlett succeeded in getting to sea with 
men enough to work the vessel, though some of these 
were placed in irons on reaching the Columbia River. 
The first Oregon newspaper which fell under Bart- 
lett s eye contained a letter of Thurston s, in which he 
reflected severely on the surveying expedition for 
neglect to proceed with their duties, which was sup 
plemented by censorious remarks by the editor. To 

35 A mutiny occurred in which Passed Midshipman Gibson was nearly 
drowned in San Francisco Bay by five of the seamen. They escaped, were 
pursued, captured, and sentenced to death by a general court-martial. Two 
were hanged on board the Ewing and the others on the St Mary s, a ship of 
the U. S. squadron. Letter of Lieut. Bartlett, in Or. Spectator \ June 27, 1850; 
Lawso/fsAutobiog., MS., 2; Davidson s Biography. 



WORK ACCOMPLISHED. 191 

these attacks Bartlet t replied through the same 
medium, and took occasion to reprove the Oregonians 
for their lack of enterprise in failing to sustain a pilot 
service at the mouth of the Columbia, which service, 
since the passage of the pilotage act, had received 
little encouragement or support, 36 and also for giving 
countenance to the desertion of his men. 

The work accomplished by the Ewing during the 
summer w r 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 
pointment, and the examination of the coast south of 
the Columbia. The survey showed that the "rock- 
ribbed and iron-bound" shore of Oregon really was 
a beach of sand from Point Adams to Cape Arago, a 
distance of one hundred and sixty-five miles, only 
thirty- three miles of that distance being cliffs of rock 
where the ocean touched the shore. From Cape 
Arago to the forty-second parallel, a distance of 
eighty-five miles, rock was found to predominate, 

36 Capt White, a New York pilot, conceived the idea of establishing 
himself and a corps of competent assistants at the mouth of the Columbia, 
thereby conferring a great benefit on Oregon commerce, and presumably a 
reasonable amount of reward upon himself. But his venture, like a great many 
others prc jected from the other side of the continent, was a failure. On bring 
ing his fine pilot-boat, the Wm G. Hagstaff, up the coast, in September 1849, 
he attempted to enter Rogue River, but got aground on the bar, was attacked 
by the Indians, and himself and associates, with their men, driven into the 
mountains, where they wandered for eighteen days in terrible destitution 
before reaching Fort Umpqua, at which post they received succor. The 
II a< j staff was robbed and burned; her place being supplied by another boat 
called the Mary Taylor. The Pioneer, i. 351; Davidson s Coast Pilot, 112- 
13; Williams S. W. Or., MS. 2. It was the neglect of the Oregonians to 
make good the loss of Captain White, or a portion of it, to which Bartlett 
referred. For the year during which White had charge of the bar pilot 
age G9 vessels of from 60 to 650 tons crossed in all 128 times. The only loss 
of a vessel in that time was that of the Josephine, loaded with lumber of the 
Oregon Milling Company. She was becalmed on the bar, and a gale coming 
up in the night she dragged her anchor and was carried on the sands, where 
she was dismasted and abandoned. She afterward floated out to sea, being 
a total loss. George Gibbs, in Or. Spectator, May 2, 1850. The pilot commis 
sioners, consisting at this time of Gov. Lane and captains Couch and Crosby, 
made a strong appeal in behalf of White, but he was left to bear his losses 
and go whither he pleased. Johnson s Cal. and Or., 254-5; Carrol s Star of 
the West, 290-5; Stevens, in Pac. H. R. Sept., i. 109, 291-2, 615-16; Poly 
nesian, July 20, 1850. The merchants finally advanced the pay of pilots so 
as to be remunerative, after which time little was heard about the terrors of 
the Columbia bar. 



192 DISCOVERY OF GOLD IN OREGON. 

there being only fifteen miles of sand on this part of 
the coast. 37 Little attention was given to any bay or 
stream north of the Umpqua, McArthur offering it 
as his opinion that they were accessible by small boats 
alone, except Yaquina, which might, he conjectured, 
be entered by vessels of a larger class. 

It will be remembered that the Samuel Roberts 
entered the Umpqua August 6, 1850, and surveyed 
the mouth of the river, and the river itself to Scotts- 
burg. As the Ewing did not leave the Columbia 
until the 7th, 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 steamers, but dangerous for sailing 
vessels, unless under favorable circumstances. Slight 
examination was made of Coos Bay, an opinion being 
formed from simply looking at the mouth that it would 
be found available for steamers. The Coquille Biver 
was said to be only large enough for canoes; and 
Rogue River also unfit for sailing vessels, being so 
narrow as to scarcely afford room to turn in. So 
much for the Oregon coast. As to the Klamath, 
while it had more water on the bar than any river 
south of the Columbia, it was so narrow and so rapid 
as to be unsafe for sailing vessels. 38 

This was a very unsatisfactory report for the pro 
jectors of seaport towns in southern Oregon. It was 
almost equally disappointing to the naval and post- 
office departments of the general government, and to 
the mail contractors, who were then still anxious to 
avoid running their steamers to the Columbia, and 
determined if possible to find a different mail route. 
The recommendation of the postmaster-general at the 
instance of the Oregon delegate, that they should be 
required to leave the mail at Scottsburg, as I have 
mentioned, induced them to make a special effort to 

87 Coast Survey, 1850, 70; S. F. Pac. News, Jan. 18, 1851. 
38 McArthur died in 1851 while on his way to Panamd and the east. Law~ 
son s Autobiog., MS., 26. 



PORT ORFORD ESTABLISHED. 193 

found a settlement on the southern coast which would 
enable them to avoid the bar of the Uinpqua. 

The place selected was on a small bay about eight 
miles south of Cape Blanco, and a little south of Point 
Orford. Orders were issued to Captain Tichenor 39 of 
the Seagull, which was running to Portland, to put in 
at this place, previously visited by him, 41 and there 
leave a small colony of settlers, who were to examine 
the country for a road into the interior. Accord 
ingly in June 1851 the Seagull stopped at Port Or 
ford, as it was named, and left there nine men, com 
manded by J. M. Kirkpatrick, with the necessary stores 
and arms. A four-pounder was placed in position on 
the top of a high rock with one side sloping to the sea, 
and which at high tide became an island by the united 
waters of the ocean and a small creek which flowed 
by its base. 

While the steamer remained in port, the Indians, 
of whom there were many in the neighborhood, ap 
peared friendly. But on the second day after her 
departure, about forty of them held a war-dance, dur 
ing which their numbers were constantly augmented 
by arrivals from the heavily wooded and hilly country 
back from the shore. When a considerable force was 
gathered the chief ordered an advance on the fortified 

39 William Tichenor was born in Newark, N. J., June 13, 1813, his ances 
tor Daniel Tichenor being one of the original proprietors of that town. He 
followed the sea," making his tirst voyage in 1825. In 1833 he married and 
went to Indiana, but could not remain in the interior. After again making 
a sea voyage he tried living in Edgar county, Illinois, where he represented 
the ninth senatorial district. In 1846 he recruited two companies for the 
regiment commanded by Col. E. D. Baker, whom he afterward helped to 
elect to the U. S. senate from Oregon. Tichenor came to the Pacific coast in 
1849, and having mined for a short time on the American River, purchased 
the schooner J. M. Ityerson, and sailed for the gulf of California, exploring 
the coast to San Francisco and northward, discovering the bay spoken of 
above. He finally settled at Port Orford, and was three times elected to the 
lower house of the Oregon legislature, and once to the senate. He took up 
the study of law and practised for 16 years, and was at one time county 
judge of Curry county. Yet during all this time he never quite gave up sea 
faring. Letter of Tichenor, in Historical Correspondence, MS. 

40 Port Orford was established and owned by Capt. Tichenor, T. Butler 
King, collector of the port of San Francisco, James Gamble, Fred M. Smith, 

M. Hubbard, and W. G. T Vault. Or. Statesman, Aug. 19, ISol. 
HIST. On., VOL. II. 13 



194 DISCOVERY OF GOLD IN OREGON. 

rock of the settlers, who motioned them to keep back 
or receive their fire. But the savages, ignorant per 
haps of the use of cannon, continued to come nearer 
until it became evident that a hand-to-hand conflict 
would soon ensue. When one of them had seized a 
musket in the hands of a settler, Kirkpatrick touched 
a fire-brand to the cannon, and discharged it in the 
midst of the advancing multitude, bringing several to 
the ground. The men then took aim and shot six at 
the first fire. Turning on those nearest with their 
guns clubbed, they were able to knock down several, 
and the battle was won. In fifteen minutes the 
Indians had twenty killed and fifteen wounded. Of 
the white men four were wounded by the arrows of 
the savages which fell in a shower upon them. The 
Indians were permitted to carry off their dead, and a 
lull followed. 

But the condition of the settlers was harassing. 
They feared to leave their fortified camp to explore 
for a road to the interior, and determined to await 
the return of the Seagull, which was to bring an 
other company from San Francisco. At the end of 
five days the Indians reappeared in greater force, 
and seeing the white men still in possession of their 
stronghold and presenting a determined front, retired 
a short distance down the coast to hold a war-dance 
and work up courage. The settlers, poorly supplied 
with ammunition, wished to avoid another conflict in 
which they might be defeated, and taking advantage 
of the temporary absence of the foe essayed to es 
cape to the woods, carrying nothing but their arms. 

It was a bold and desperate movement but it proved 
successful. Travelling as rapidly as possible in the 
almost tropical jungle of the Coast Range, and keep 
ing in the forest for the first five or six miles, they 
emerged at night on the beach, and by using great 
caution eluded their pursuers. On coming to Coquille 
River, a village of about two hundred Indians was 

/ o 

discovered on the bank opposite, which they avoided 



THE ABANDONED SETTLEMENT. 195 

by going up the stream for several miles and crossing 
it on a raft. To be secure against a similar en 
counter, they now kept to the woods for two days, 
though by doing so they deprived themselves of the 
only food, except salmon berries, which they had been 
able to find. At one place they fell in with a small 
band of savages whom they frightened away by charg 
ing toward them. Again emerging on the beach 
they lived on mussels for four days. The only as 
sistance received was from the natives on Cowan 
River which empties into Coos Bay. These people 
were friendly, and fed and helped them on their way. 
On the eighth day the party reached the mouth of 
the Umpqua, where they were kindly cared for by 
the settlers at that place. 41 

When Tichenor arrived at San Francisco, he pro 
ceeded to raise a party of forty men to reenforce his 
settlement at Port Orford, to which he had promised 
to return by the 23d of the month. The Seagull 
being detained, he took passage on the Columbia, 
Captain Le Roy, and arrived at Port Orford as 
agreed, on the 23d, being surprised at not seeing any 
of his men on shore. He immediately landed, how 
ever, with Le Roy and eight others, and saw provis 
ions and tools scattered over the ground, and on every 
side the signs of a hard struggle. On the ground was 
a diary kept by one of the party, in which the begin 
ning of the first day s battle was described, leaving 
off abruptly where the first Indian seized a comrade s 
gun. Hence it was thought that all had been killed, 
and the account first published of the affair set it 
down as a massacre; a report which about one week 
later was corrected by a letter from Kirkpatrick, who, 
after giving a history of his adventures, concluded 

41 Williams S. W. Oregon, MS., 1-6; Alta California, June 30th and 
July 25, 1851; Wills Wild Life, in Van Tromp s Adventures, 149-50; Arm 
strong s Or., 60-4; Crane s Top. Mem., 37-40; Overland Monthly, xiv. 179-Si?; 
Portland Bulletin, Feb. 25, 1873; Or. Spectator, July 3, 1851; Or. Statesman, 
July 4th and 15, 1851; Parrish s Or. Anecdotes, MS., 41-5; Harper s Mag., 
xiii. 590-1; S. F. Herald, June 30, 1851; Id., July 15, 1851; Lawson s 
Autolioy., MS., 32-3; 8. F. Alta, June 30, 1851; Taylor s Spec. Press, 19. 



196 DISCOVERY OF GOLD IN OREGON. 

with a favorable description of the country and the 
announcement that he had discovered a fine bay at 
the mouth of the Cowan River. 42 This important 
discovery was little heeded by the founders of Port 
Or ford, who were bent upon establishing their settle 
ment on a more southern point of the coast. 

Tichenor left his California party at Port Orford 
well armed and fortified and proceeded to Portland, 
where he advertised to land passengers within thirty- 
five miles of the Rogue River mines, having brought 
up about two dozen miners from San Francisco and 
landed them at Port Orford to make their way from 
thence to the interior, at their own hazard. On re 
turning" down the coast the Columbia again touched 

o o 

at Port Orford and left a party of Oregon men, so 
that by August there were about seventy persons at 
the new settlement. They were all well armed and 
kept guard with military regularity. To some was 
assigned the duty of hunting, elk, deer, and other 
game being plentiful on the coast mountains, and 
birds of numerous kinds inhabiting the woods and 
seashore. A Whitehall boat was left for fishing and 
shooting purposes. These hunting tours were also 
exploring expeditions, resulting in a thorough exami 
nation of the coast from the Coquille River on the 
north to a little below the California line on the south, 
in which distance no better port was discovered. 4 ^ 

The 24th of August a party of twenty-three 44 under 
T Vault set out to explore the interior. T Vault s 
experience as a pioneer was supposed to fit him for 
the position of guide and Indian-fighter, a most re 
sponsible office in that region of hostile savages, 

42 Now called Coos, an Indian name. 

43 Says Williams in his S. W. Oregon, MS., 9: It was upon one of these 
expeditions, returning from a point where Crescent City now stands, that with 
a fair wind, myself at the helm, we sailed into the beautiful Chetcoe River 
which we ever pronounced the loveliest little spot upon that line of coast. 

4i I give here the number as given by Williams, one of the company, 
though it is stated to be only 18 by T Vault, the leader, in Alia California^ 
Oct. 14, 1851. 



T VAULT S EXPLORATION. 197 

particularly as the expedition was made up of im 
migrants of the previous year, with little or no 
knowledge of the country, or of mountain life. Only 
two of them, Williams and Lount, both young men 
from Michigan, were good hunters; and on them 
would depend the food supply after the ten days ra 
tions with which each man was furnished should be 
exhausted. 

Nothing daunted, however, they set out on horses, 
and proceeded southward along the coast as far as the 
mouth of Rogue River. The natives along the route 
were numerous, but shy, and on being approached fled 
into the woods. At Rogue River, however, they 
assumed a different air, and raised their bows threat 
eningly, but on seeing gnns levelled at them desisted. 
During the march they hovered about the rear of 
the party, who on camping at night selected an open 
place, and after feeding their horses burned the grass 
for two hundred yards around that the savages might 
not have it to hide in, keeping at the same time 
a double guard. Proceeding thus cautiously they 
avoided collision with these savages. 

When they had reached a point about fifty miles 
from the ocean, on the north bank of Rogue River, 
having lost their way and provisions becoming low, 
some determined to turn back. T Vault, unwilling 
to abandon the adventure, offered increased pay 
to such as would continue it. Accordingly nine 
went on with him toward the valley, though but one 
of them could be depended upon to bring in game. 4 
The separation took place on the 1st of September, 
the advancing party proceeding up Rogue River, by 
which course they were assured they could not fail 
soon to reach the travelled road. 

On the evening of the 9th they came upon the 

45 This was Williams. The others were: Patrick Murphy, of New York; 
A. S. Doherty and Gilbert Brush, of Texas; Cyrus Hedden, of Newark, N. 
J. ; John P. Holland, of New Hampshire; T. J. Davenport, of Massachusetts; 
Jeremiah Ryan, of Maryland; J. P. Pepper, of New York. Alia California, 
Get 14, 1851. 



198 DISCOVERY OF GOLD IN OREGON. 

head-waters of a stream flowing, it was believed, into 
the ocean near Cape Blanco. They were therefore, 
though designing to go south-eastwardly, actually 
some distance north as well as east from Port Orford, 
the nature of the country and the direction of the 
ridges forcing them out of their intended course. 
Finding an open country on this stream, they followed 
it down some distance, and chancing to meet an Indian 
boy engaged him as a guide, who brought them to the 
southern branch of a river, down which they travelled, 
finding the bottoms covered with a thick growth of 
trees peculiar to low, moist lands. It was now deter 
mined to abandon their horses, as they could advance 
with difficulty, and had no longer anything to carry 
which could not be dispensed with. They therefore 
procured the services of some Indians with canoes 
to take them to the mouth of the river, which they 
found to have a beautiful valley of rich land, and to 
be, after passing the junction of the two forks, about 
eighty yards wide, with the tide ebbing and flowing 
from two to three feet. 40 On the 14th, about ten 
o clock in the morning, having descended to within a 
few miles of the ocean, a member of the party, Mr 
Hedden, one of those driven out of Port Orford in 
Juvie, and who escaped up the coast, recognized the 
stream as the Coquille River, which the previous party 
had crossed on a raft. Too exhausted to navigate a 
boat for themselves, and overcome by hunger, they 
engaged some natives 47 to take them down the river, 
instead of which they were carried to a large rancheria 
situated about two miles from the ocean. 

Savages thronged the shore armed with bows and 
arrows, long knives, 43 and war-clubs, and were upon 
them the moment they stepped ashore. T Vault 

46 On Coquille River, 12 miles below the north fork, is a tree with the 
name Dennis White, 1834, to which some persons have attached importance. 
Armstrong s Or., G5. 

47 One of the Indians who paddled their canoes had with him * the identi 
cal gun that James H. Eagan had broken over an Indian s head at Port Or 
ford in June last. Williams S. W. Or., MS., 28. 

48 These knives, two and two and a half feet long, were manufactured by 



THRILLING INCIDENTS. 199 

afterward declared that the first thing he was con 
scious of was being in the river, fifteen yards from 
shore and swimming. He glanced toward the village, 
and saw only a horrible confusion, and heard the yells 
of savage triumph mingled with the sound of blows 
and the shrieks of his unfortunate comrades. At the 
same instant he saw Brush in the water not far from 
him and an Indian standing in a canoe striking him 
on the head with a paddle, while the water around 
was stained with blood. 

At this juncture occurred an incident such as is 
used to embellish romances, when a woman or a child 
in the midst of savagery displays those feelings of 
humanity common to all men. While the two white 
men were struggling for their lives in the stream a 
canoe shot from the opposite bank. In it standing 
erect was an Indian lad, who on reaching the spot 
assisted them into the canoe, handed them the paddle, 
then springing into the water swam back to the shore. 
They succeeded in getting to land, and stripping 
themselves, crawled up the bank and into the thicket 
without once standing upright. Striking southward 
through the rough and briery undergrowth they hur 
ried on as long as daylight lasted, and at night emerged 
upon the beach, reaching Cape Blanco the following 
morning, where the Indians received them kindly, and 
after taking care of them for a day conveyed them to 
Port Orford. T Vault was not severely wounded, but 
Brush had part of his scalp taken oif by one of the 
long knives. Both were suffering from famine and 
bruises, and believed themselves the only survivors. 49 
But in about two weeks it was ascertained that 
others of the party were living, namely : Williams, 50 

the Indians out of some band iron taken from the wreck of the Hafjstaff. 
They were furnished with whalebone handles. Parrish s Or. Anecdotes, MS. , GO. 

"Lawson i Autobiog., MS., 45-6; Portland Bulletin, March 3, 1873; S. F. 
Herald, Oct. 14, 1851; Ashland Tidings, July 12th and 19, 1878; Portland 
Wext Shore, May 1878. 

50 The narrative of Williams is one of the most thrilling in the literature 
of savage warfare. When the attack was made he had just stepped ashore 
from the canoe. His first struggle was with two powerful savages for the 



200 DISCOVERY OF GOLD IN OREGON. 

Davenport, and Hedden, the other five having been 
murdered, their companies hardly knew how. 

With this signal disaster terminated the first at 
tempt to reach the Rogue River Valley from Port 
Orford; and thus fiercely did the red inhabitants of 
this region welcome their white brethren. The diffi 
culties with the various tribes which grew out of this 
and similar encounters I shall describe in the history 
of the wars of 1851-3. 

Soon after the failure of the T Vault expedition 
another company was fitted out to explore in a difier- 

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



COOS BAY AND POUT ORFORD. 201 

ent direction for a road to the interior, 51 which was 
compelled to return without effecting its object. Port 
Orford, however, received the encouragement and as 
sistance of government officials, including the coast 
survey officers and military men, 52 and throve in con 
sequence. Troops were stationed there, 53 and before 
the close of the year the work of surveying a military 
road was begun by Lieutenant Williamson, of the 
topographical engineers, with an escort of dragoons 
from Casey s command at Port Orford. Several fami 
lies had also joined the settlement, about half a dozen 
dwelling houses having been erected for their accom 
modation. 54 The troops were quartered in nine log 
buildings half a mile from the town. 55 A permanent 
route to the mines was not adopted, however, until 
late the following year. 

Casey s command having returned to Benicia about 
the 1st of December, in January following the schooner 
Captain Lincoln, Naghel master, w^as despatched to 
Port Orford from San Francisco with troops and 

Williams wounds except that in the abdomen healed readily. That dis 
charged for a year. In four years the arrow-head had worked itself out, but 
not until the seventh year did the broken shaft follow it. Davenport, like 
Hedden, was unhurt, but wandered starving in the mountains many days 
before reaching a settlement. Williams was born in Vermont, and came 
to the Pacific coast in 1850. He made his home at Ashland, enjoying the 
respect of his fellow^men, combining in his manner the peculiarities of the 
border with those of a thorough and competent business man. Portland West 
Shore, June 18, 1878. 

51 Or. Statesman, Nov. 4, 1851. 

52 Probably stories like the following had their effect: Port Orford has 
recently been ascertained to be one of the very best harbors on the Pacific 
coast, accessible to the largest class of vessels, and situated at a convenient 
intermediate point between the Umpqua and Rogue Pavers. Kept, of Gen. 
Mifrhcock, in 32d Cong., 1st Sess., H. Ex. Doc. 2, 149; S. F. Alia, July 13th 
and Sept. 14, 1852. 

53 Lieutenant Kautz, of the rifles, with 20 men stationed at Astoria, was 
ordered to Port Orford in August, at the instance of Tichenor, where a post 
was to be established for the protection of the miners in Rogue River Valley, 
which was represented to be but 35 miles distant from this place. After the 
massacre on the Coquille, Col. Casey, of the 2d infantry, was despatched from 
San Francisco with portions of three dragoon companies, arriving at Port 
Orford on the 22d of October. 

M Saint Amant, 41-2, 144; Or. Statesman, Dec. 16, 1851. 
55 32d Cony., 2d Sess., H. Ex. Doc. 1, pt. ii. 105-6; S. F. Herald, Nov. 
8, 1852. 



202 DISCOVERY OF GOLD IN OREGON. 

stores under Lieutenant Stanton. The weather being 
foul she missed the harbor and went ashore on a 
sand spit two miles north of the entrance to Coos 
Bay. The passengers and cargo were safely landed 
on the beach, where shelter was obtained under sails 
stretched on booms and spars. Thus exposed, annoyed 
by high winds and drifting sands, and by the thiev 
ing propensities of the natives, Stanton was forced to 
remain four months. An effort was made to explore 
a trail to Port Orford by means of which pack-trains 
could be sent to their relief. Twelve dragoons were 
assigned to this service, with orders to wait at Port 
Orford for despatches from San Francisco in answer 
to his own, which, as the mail steamers avoided that 
place after hearing of the wreck of the schooner, did 
not arrive until settled weather in March. Quarter 
master Miller replied to Stanton by taking passage 
for Port. Orford on the Columbia under a special ar 
rangement to stop at that port. But the steamer s 
captain being unacquainted with the coast, and hav 
ing nearly made the mistake of attempting to enter 
Rogue River, proceeded to the Columbia, and it was 
not until the 12th of April that Miller reached his 
destination. He brought a train of twenty mules 
from Port Orford, the route proving a most harass 
ing one, over slippery mountain spurs, through dense 
forests obstructed with fallen timber, across several 
rivers, besides sand dunes and marshes, four days 
being consumed in marching fifty miles. 

On reaching Camp Castaway, Miller proceeded to 
the Umpqua, where he found and chartered the 
schooner Nassau, which was brought around into 
Coos Bay, being the first vessel to enter that harbor. 
Wagons had been shipped by the quartermaster to 
the Umpqua by the brig Fawn. The mules were 
sent to haul them down the beach by what proved to 
be a good road, and the stores being loaded into them 
were transported across two miles of sand to the west 
shore of the bay and placed on board the Nassau , in 



YAQUINA BAY. 203 

which they were taken to Port Orford, 56 arriving the 
20th of May. 

The knowledge of the country obtained in these 
forced expeditions, added to the exploration of the 
Coquille Vail j by road-hunters in the previous 
autumn, and by the military expedition of Casey to 
punish the Coquilles, of which I shall speak in an 
other place, was the means of attracting attention to 
the advantages of this portion of Oregon for settle 
ment. A chart of Coos Bay entrance was made by 
Naghel, which was sufficiently correct for sailing pur 
poses, and the harbor was favorably reported upon by 
Miller. 57 

On the 28th of January the schooner Juliet, Cap 
tain Collins, was driven ashore near Yaquina Bay, 
the crew and passengers being compelled to remain 
upon the stormy coast until by aid of an Indian mes 
senger horses could be brought from the Willamette 
to transport them to that more hospitable region. 58 
While Collins was detained, which was until the latter 
part of March, he occupied a portion of his time in 
exploring Yaquina Bay, finding it navigable for ves 
sels drawing from six to eight feet of water; but the 
entrance was a bad one. In the bay were found oysters 
and clams, while the adjacent land was deemed excel 
lent. Thus by accident 59 as well as effort the secrets 
of the coast country were 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 1850 to 1852 five vessels were 
lost at this place, the Bostonian, Nassau, Almira, Orchilla, and Caleb Curies. 

57 32d Covg., 2d Setts., H. 8. Ex. Doc. 1, pt. ii. 103-9. 

58 Dr McLoughlin, Hugh Burns, W. C. Griswold, and W. H. Barnhart 
responded to the appeal of the shipwrecked, and furnished the means of their 
rescue from suffering. Or. Statesman, March 2d and April 6, 1852. 

69 Of marine disasters there seem to have been a great number in 1851-2. 
The most appalling was of the steam propeller General Warren, Captain 
Charles Thompson, which stranded on Clatsop spit, after passing out of the 
Columbia, Jan. 28, 1852. The steamer was found to be leaking badly, and 
being put about could not make the river again. She broke up almost imme 
diately after striking the sands, and by daylight next morning there was only 
enough left of the wreck to afford standing room for her passengers and crew. 
A boat, the only one remaining, was despatched in charge of the bar pilot to 



204 DISCOVERY OF GOLD IN OREGON. 

although the immigration of 1851 was not more than 
a third as much as that of the previous year, there 
were people enough running to and fro, looking for 
new enterprises, to impart an interest to each fresh 
revelation of the resources of the territory. 

Astoria for assistance. On its return nothing could be found but some float 
ing fragments of the vessel. Not a life was saved of the 52 persons on board. 
Or. Statesman, Feb. 10th and 24, 1852; Id., March 9, 1852; Swan * N. W. 
Coast, 259; Portland Oregonian, Feb. 7, 1852; S. F. Alta, Feb. 16, 1852. 



CHAPTER VII. 

INDIAN AFFAIRS. 
1851. 

POLITICS ELECTION OF A DELEGATE EXTINGUISHMENT or INDIAN TITLES 
INDIAN SUPERINTENDENTS AND AGENTS APPOINTED KINDNESS or THE 
GREAT FATHER AT WASHINGTON APPROPRIATIONS OF CONGRESS 
FRAUDS ARISING FROM THE SYSTEM EASY EXPENDITURE OF GOVERN 
MENT MONEY UNPOPULARITY OF HUMAN SYMPATHY EFFICIENCY OF 
SUPERINTENDENT DART THIRTEEN TREATIES EFFECTED LANE AMONG 
THE ROGUE RIVER INDIANS AND IN THE MINES DIVERS OUTRAGES 
AND RETALIATIONS MILITARY AFFAIRS ROGUE RIVER WAR THE 
STRONGHOLD BATTLE OF TABLE ROCK DEATH OF STUART KEARNEY S 
PRISONERS. 

L ANE was not a skilful politician and finished orator 
like Thurston, though he had much natural ability, 1 
arid had the latter been alive, notwithstanding his 
many misdeeds, Lane could not so easily have secured 
the election as delegate to congress. It was a per 
sonal rather than a party matter, 2 though a party spirit 
developed rapidly after Lane s nomination, chiefly be 
cause a majority of the people were democrats/ and 

1 Gen. Lane is a man of a high order of original genius. He is not self- 
made, but God-made. He was educated nowhere. Nobody but a man of 
superior natural capacity, without education, could have maintained himself 
among men from early youth as he did. Graver s Pub. Life, MS., 81. We 
may hereby infer the idea intended to be conveyed, however ill-fitting the 
words. 

2 Says W. W. Buck: Before 1851 there were no nominations made. In 
1851 they organized into political parties as whigs and democrats. Before 
that men of prominence would think of some one, and go to him and find out 
if he would serve. The knowledge of the movement would spread, and the 
foremost candidate get elected, while others ran scattering. Enterprises, 
MS., 13. 

3 Jesse Applegate, who had been mentioned as suitable for the place, 
wrote to the Spectator March 14th: The people of the southern frontier, of 
which I am one, owe to Gov. Lane a debt of gratitude too strong for party 
prejudices to cancel, and too great for time to erase. . .Riile in hand he gal- 

( 205 ) 



206 INDIAN AFFAIRS. 

their favorites, Thurston and Lane, were democrats, 
while the administration was whig and not in sym 
pathy with them. 

The movement for Lane began in February, the 
earliest intimation of it appearing in the Spectator of 
March 6th, after which he was nominated in a public 
meeting at Lafayette. Lane himself did not appear 
on the ground until the last of April, and the news 
of Thurston s death arriving within a few days, Lane s 
name was immediately put forward by every journal 

in the territory. But he was not, for all that, with- 

\j 

out an opponent. The mission party nominated W. 
H. Willson, who from a whaling-ship cooper and lay 
Methodist had come to be called doctor and been 
given places of trust. His supporters were the de 
fenders of that part of Thurston s policy which was 
generally condemned. There was nothing of conse 
quence at issue however, and as Lane was facile of 
tongue* and clap-trap, he was elected by a majority 
of 1,832 with 2,917 votes cast. 5 As soon as the returns 
were all in, Lane set out again for the mines, w^here he 
was just in time to be of service to the settlers of 
Rogue River Valley. 

Immediately upon the passage of an act by congress, 
extinguishing Indian titles west of the Cascade Moun 
tains in 1850, the president appointed superintendent 
of Indian affairs, Anson Dart of Wisconsin, who ar 
rived early in October, accompanied by P. C. Dart, 
his secretary. Three Indian agents were appointed 

lantly braved the floods and storms of winter to save our property, wives, and 
daughters from the rapine of a lawless soldiery, which statement, howsoever 
it pictures public sentiment, smacks somewhat of the usual electioneering 
exaggeration. 

* He had a particularly happy faculty for what we would call domestic 
electioneering. He did not make speeches, but would go around and talk with 
families. They used to tell this story about him, and I think it is true, that 
what he got at one place, in the way of seeds or choice articles, he distributed 
at the next place. He brought these, with candies, and always kissed the 
children. Strong s Hist. Or., MS., 41. 

5 Lane s Autobiography, MS., 62; Or. Spectator, July 4, 1851; Amer. Al 
manac, 1852, 223; Tribune Almanac, 1852, 51; Overland Monthly, i. 37. 



SUPERINTENDENT AND AGENTS. 207 

at the same time, namely : A. G. Henry of Illinois, 6 
H. H. Spalding, and Elias Wampole. Dart s instruc 
tions from the commissioner, under date of July 20, 
1850, were in general, to govern himself by the in 
structions furnished to Lane as ex-officio superintend 
ent, 7 to be modified according to circumstances. The 
number of agents and subagents appointed had been 
in accordance with the recommendation of Lane, and 
to the information contained in Lane s report he was 
requested to give particular attention, as well as to 
the suppression of the liquor traffic, and the enforce 
ment of the penalties provided in the intercourse act 
of 1834. and also as amended in 1847, making one or 

. " o 

two years imprisonment a punishment for furnishing 
Indians with intoxicating drink. 8 A feature of the 
instructions, showing Thurston s hand in this matter, 
was the order not to purchase goods from the Hud 
son s Bay Company for distribution among the Indians, 
but that they be purchased of American merchants, 
and the Indians taught that it was from the American 
government they received such benefits. It was also 
forbidden in the instructions that the company should 
have trading posts within the limits of United States 
territory, 9 the superintendent being required to pro 
ceed with them in accordance with the terms of the 
act regulating intercourse with the Indians. 

6 Thurston, who was mnch opposed to appointing men from the east, wrote 
to Oregon: Dr Henry of Illinois was appointed Indian agent, held on to it 
a while, drew $750 under the pretence of going to Oregon, and then resigned, 
leaving the government minus that sum. Upon his resigning Mr Simeon 
Francis was nominated, first giving assurance that he would leave for Oregon, 
but instead of doing so he is at home in Illinois. Or. Spectator, April 10, 1851. 

Tglst Con;/., 1st Sess., S. Doc. 52, 1-7, 154-80. 

8 It should be here mentioned, in justice toThurston, that when the Indian 
bill was under consideration by the congressional committees, it was brought to 
his notice by the commissioner, that while Lane had given much information on 
the number and condition of the Indians, the number of agents necessary, the 
amount of money necessary for agency buildings, agents, expenses, and presents 
to the Indians, he had neglected to state what tribes should be bought out, 
the extent of their territory, what would be a fair price for the lands, to 
what place they should be removed, and whether such lands were vacant. 
Thurston furnished this information according to his conception of right, and 
had the bill framed for the extinguishment of titles in that part of Oregon, 
which was rapidly filling up with white settlers. See Letter of Orlando Brown, 
Commissioner, in Or. Spectator, Oct. 31, 1850. 

9 3 1st Cong., 2d Seas., H. Ex. Doc. 1, 149. 



208 INDIAN AFFAIRS. 

As to the attitude of government toward the 
Indians there was the usual political twaddle. An 
important object to be aimed at, the commissioner 
said, was the reconciling of differences between tribes. 
Civilized people may fight, but not savages. The 
Indians should be urged to engage in agricultural 
pursuits, to raise grain, vegetables, and stock of all 
kinds; and to encourage them, small premiums might 
be offered for the greatest quantity of produce, or 
number of cattle and other farm animals. With 
regard to missionaries among the Indians, they were 
to be encouraged without reference to denomination, 
and left free to use the best means of christianizing. 
The sum of twenty thousand dollars was advanced to 
the superintendent, of which five thousand was to be 
applied to the erection of houses for the accommoda 
tion of himself and agents, four thousand for his own 
residence, and the remainder for temporary buildings 
to be used by the agents before becoming permanently 
established. The remainder was for presents and 
provisions. 

There were further appointed for Oregon three 
commissioners to make treaties with the Indians, 
John P. Gaines, governor, Alonzo A. Skinner, and 
Beverly S. Allen; the last received his commission 
the 12th of August and arrived in Oregon in the early 
part of February 1851. The instructions were gen 
eral, the department being ignorant of the territory, 
except that it extended from the 42d to the 49th 
parallel, and was included between the Cascade 
Mountains and the Pacific Ocean. The object of the 
government it was said was to extinguish the Indian 
titles, and remove the complaint of the settlers that 
they could acquire no perfect titles to their claims 
before the Indians had been quieted. They were ad 
vised therefore to treat first with the Indians in the 
Willamette Valley, and with each tribe separately. 10 

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



LAND TITLES. 209 

They were to fix upon an amount of money to be 
paid, and agree upon an annuity not to exceed five 
per cent of the whole amount. It was also advised 
that money be not employed, but that articles of use 
should be substituted; and the natives be ursred to 

o 

accept such things as would assist them in becoming 
farmers and mechanics, and to secure medical aid 
and education. If any money remained after so pro 
viding it might be expended for goods to be delivered 
annually in the Indian country. The sum of twenty 
thousand dollars was to be applied to these objects; 
fifteen thousand to be placed at the disposal of Gov 
ernor Gaines, at the sub-treasury, San Francisco, and 
to be accounted for by vouchers; and five thousand 
to be invested in goods and sent round Cape Horn 
for distribution among the Indians. The commis 
sioners were allowed mileage for themselves and 
secretary at the rate of ten cents a mile, together 
with salaries of eight dollars a day during service for 
each of the commissioners, and five dollars for the 
secretary. They were also to have as many interpret 
ers and assistants as they might deem necessary, at 
a proper compensation, and their travelling expenses 
paid. 11 

Such was the flattering prospect under which the 
Indian agency business opened in Oregon. Truly, a 
government must have faith in its servants to place 
such temptations in their way. Frauds innumerable 
were the result; from five hundred to five thousand 
dollars would be paid to the politicians to secure an 
agency, the returns from which investment, with 
hundreds per cent profit, must be made by systematic 
peculations and pilferings, so that not one quarter of 
the moneys appropriated on behalf of the Indians 

the States; and it is merely mentioned to show that some important consider 
ation has always been involved when so large a price has been given. It is 
not for a moment to be supposed that any such consideration can be involved 
in any purchases to be made by you, and it is supposed a very small portion 
of that price will be required. A. S. Loughery, Acting Commissioner , in 31st 
Cong., 2d Sess., H. Ex. Doc. 1, 147. 

U 31at Cong., M Sew., H. Ex. Doc. 1, 145-51; Hayes Scraps, iv. 9-10. 
HIST. OB., VOL. II. 14 



210 INDIAN AFFAIRS. 

would be expended for their benefit. Perhaps the 
public conscience was soothed by this show of justice, 
as pretentious as it was hollow, and the emptiness of 
which was patent to every one; but it would have 
been in as good taste, and far more manly and honest, 
to have shot down the aboriginals and seized their 
lands without these hypocrisies and stealings, as was 
frequently done. 

Often the people were worse than the government 
or its agents, so that there was little inducement for 
the latter to be honest. In the present instance the 
commissioners were far more just and humane than 
the settlers themselves. It is true they entered upon 
their duties in April 1851 with a pomp and circum 
stance in no wise in keeping with the simple habits 
of the Oregon settlers ; with interpreters, clerks, com 
missaries, and a retinue of servants they established 

%/ 

themselves atChampoeg, to which place agents brought 
the so-called chiefs of the wretched tribes of the Wil 
lamette; but they displayed a heart and a humanity 
in their efforts which did them honor. Of the San- 
tiam band of the Calapooyas they purchased a portion 
of the valley eighty miles in length by twenty in 
breadth; of the Tualatin branch of the same nation 
a tract of country fifty miles by thirty in extent, 
these lands being among the best in the valley, and 
already settled upon by white men. The number of 
Indians of both sexes and all ages making a claim to 
this extent of territory was in the former instance 
one hundred and fifty-five and in the latter sixty- 
five. 

The commissioners were unable to induce the Cala 
pooyas to remove east of the Cascade mountains, as 
had been the intention of the government, their refusal 
resting upon reluctance to leave the graves of their 
ancestors, and ignorance of the means of procuring a 
livelihood in any country but their own. To these 
representations Gaines and his associates lent a sym 
pathizing ear, and allowed the Indians to select reser- 



TREATIES. 211 

vations within the valley of tracts of land of a few 
miles in extent situated upon the lower slopes of the 
Cascade and Coast ranges, where game, roots, arid 
berries could be procured with ease. 12 

As to the instructions of the commissioner at Wash 
ington, it was not possible to carry them out. Schools 
the Indians refused to have; and from their experi 
ence of them and their effects on the young I am 
quite sure the savages were right. Only a few of 
the Tualatin band would consent to receive farming 
utensils, not wishing to have habits of labor forced 
upon them with their annuities. They were anxious 
also to be paid in cash, consenting reluctantly to ac 
cept a portion of their annuities in clothing and pro 
visions. 

In May four other treaties were concluded with the 
Luckiamute, Calapooyas, and Molallas, the territory 
thus secured to civilization comprising about half the 
Willamette Valley. 13 The upper and lower Molallas 
received forty-two thousand dollars, payable in twenty 
annual instalments, about one third to be in cash and 
the remainder in goods, w T ith a present on the ratifica 
tion of the treaties of a few rifles and horses for the 
head men. Like the Calapooyas they steadily refused 
to devote any portion of their annuities to educational 
purposes, the general sentiment of these western Ind 
ians being that they had but a little time to live, and 
it was useless to trouble themselves about education, 
a sentiment not wholly Indian, since it kept Europe 
in darkness for a thousand years. 14 

12 No mention is made of the price paid for these lands, nor have I seen 
these treaties in print. 

13 This is the report of the commissioners, though the description of the 
lands purchased is different in the Spectator of May 15, 1851, where it is said 
that the purchase included all the east side of the valley to the head -waters 
of the Willamette. 

14 The native eloquence, touched and made pathetic by the despondency of 
the natives, being quoted in public by the commissioners, subjected them to 
the ridicule of the anti-administration journal, as for instance: In this city 
Judge Skinner spent days, and for aught we know, weeks, in interpreting 
Slacum s jargon speeches, while Gaines, swelling with consequence, pronounced 
them more eloquent than the orations of Demosthenes or Cicero, and peddled 



212 INDIAN AFFAIRS. 

In order to give the Indians the reservations they 
desired it was necessary to include some tracts claimed 
by settlers, which would either have to be vacated, 
the government paying for their improvements, or the 
settlers compelled to live among the Indians, an alter 
native not likely to commend itself to either the set 
tlers or the government. 

A careful summing-up of the report of the commis 
sioners showed that they had simply agreed to pay 
annuities to the Indians for twenty years, to make 
them presents, and to build them houses, while the 
Indians still occupied lands of their own choosing in 
portions of the valley already being settled by white 
people, and that they refused to accept teachers, either 
religious or secular, or to cultivate the ground. By 
these terms all the hopeful themes of the commissioner 
at Washington fell to the ground. And yet the gov 
ernment was begged to ratify the treaties, because 
failure to do so would add to the distrust already felt 
by the Indians from their frequent disappointments, 
and make any further negotiations difficult. 15 

About the time the last of the six treaties was 
concluded information was received that congress, by 
act of the 27th of February, had abolished all special 
Indian commissions, and transferred to the superin 
tendent the power to make treaties. All but three 
hundred dollars of the twenty thousand appropriated 
under the advice of Thurston for this branch of the 
service had been expended by Gaines in five weeks of 
absurd magnificence at Champoeg, the paltry remain 
der being handed over to Superintendent Dart, who 
received no pay for the extra service with which to 
defray the expense of making further treaties. Thus 
ended the first essay of congress to settle the question 
of title to Indian lands. 



them about the town. . .This ridiculous farce made the actors the laughing 
stock of the boys, and even of the Indians. Or. Statesman, Nov. 6, 1852. 
13 Report of Commissioners, in 32d Cong., 1st Sess., H. Ex. Doc. 2, pt. 

. b_ _ 

in. 471. 



ANSON DART. 213 

Dart did not find his office a sinecure. The area of 
the country over which his superintendency extended 

was so great that, even with the aid of more agents, 

. 

little could be accomplished in a season, six months of 
the year only admitting of travel in the unsettled por 
tions of the territory. To add to his embarrassment, 
the three agents appointed had left him almost alone 
to perform the duty which should have been divided 
among several assistants, 10 the pay offered to agents 
being so small as to be despised by men of character 
and ability who had their living to earn. 

About the 1st of June 1851 Dart set out to visit 
the Indians east of the Cascade Mountains, who since 
the close of the Cayuse war had maintained a friendly 
attitude, but who hearing that it was the design to 
send the western Indians among them were becoming 
uneasy. Their opposition to having the sickly and 
degraded Willamette natives in their midst was equal 
to that of the white people. Neither were they will 
ing to corne to any arrangement by which they would 
be compelled to quit the country which each tribe for 
itself called its own. Dart promised them just treat 
ment, and that they should receive pay for their lands. 
Having selected a site for an agency building on the 
Umatilla he proceeded to Waiilatpu and Lapwai, as 
instructed, to determine the losses sustained by the 
Presbyterians, according to the instructions of gov 
ernment. 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, and soon after sent to Puget Sound. Wain- 
pole arrived in Oregon in July 1851, was sent to Umatilla, and removed in less 
than three months for violating orders and trading with the Indians. Allen, 
appointed after Henry and Francis, also finally declined, when Skinner ac 
cepted the place too late in the year to accomplish anything. A. Van Dusen, 
of Astoria, had been appointed subagent, but declined; then Shortess had 
accepted the position. Walker had been appointed to go among the Spokanes, 
but it was doubtful if $750 a year would be accepted. Finally J. L. Parrish, 
also a subagent, was the only man who had proven efficient and ready to 
perform the services required of him. 32d Cong., l*t Sets., H. Ex. Doc, 
2, pt. iii. 473; U. S. Ev. H. B. Co. Claims, 27; Amer. Almanac, 1851, 113; 
Id., 1852, 116; Dunniway s Capt. Gray s Company, 162. 

17 The claims against the government for the destruction of the missions 
was large in the estimation of Dart, who does not state the amount. 



214 INDIAN AFFAIRS. 

The Cayuses expressed satisfaction that the United 
States cherished no hatred toward them for their past 
misdeeds, and received assurances of fair treatment 
in the future, sealed with a feast upon a fat ox. At 
Lapwai the same promises were given and ceremonies 
observed. The only thing worthy of remark that I 
find in the report of Dart s visit to eastern Oregon 
is the fact mentioned that the Cayuses had dwindled 
from their former greatness to be the most insi^nifi- 

o o 

cant tribe in the upper country, there being left but 
one hundred and twenty-six, of whom thirty-eight 
only were men; and the great expense attending his 
visit/ 8 the results of which were not what the govern 
ment expected, if indeed any body knew wliat was 
expected. The government was hardly prepared to 
purchase the whole Oregon territory, even at the 
minimum price of three cents an acre, and it was 
dangerous policy holding out the promise of some 
thing not likely to be performed. 

As to the Presbyterian mission claims, if the board 
had been paid what it cost to have its property ap 
praised, it would have been all it was entitled to, and 
particularly since each station could hold a section of 
land under the organic act. And as to the claims of pri 
vate individuals for property destroyed by the Cayuses, 
these Indians not being in receipt of annuities out of 
which the claims could be taken, there was no way in 
which they could be collected. Neither was the 
agency erected of any benefit to the Indians, because 
the agent, Wampole, soon violated the law, was re 
moved, and the agency closed. 

18 There were 1 1 persons in Dart s party himself and secretary, 2 inter 
preters, drawing together $11 a day; 2 carpenters, $12; 3 packers, $15; 2 
cooks, $6. The secretary received $5 a day, making the wages of the party 
$50 daily at the start, in addition to the superintendent s salary. Transpor 
tation to The Dalles cost $400. At The Dalles another man with 20 horses 
was hired at $15 a day, and 2 wagons with oxen at $12; the passage from 
Portland to Umatilla costing $1,500 besides subsistence. And this was only 
the beginning of expenses. The lumber for the agency building at Umatilla 
had to be carried forty miles at an enormous cost; the beef which feasted the 
Cayuses cost $80, and other things in proportion. 32d Cong., 1st Sess., H. Ex. 
Doc. #, pt. iii. 



A RIGHTEOUS JUDGE. 215 

Concerning that part of his instructions to encour 
age missionaries as teachers among the Indians, Dart 
had little to say; for which reason, or in revenge for 
his dismissal, Spalding represented that no American 
teachers, but only Catholics and foreigners were given 
permission to enter the Indian country. 19 But as his 
name was appended to all the treaties made while he 
was agent, with one exception, he must have been as 
guilty as any of excluding American teachers. The 
truth was that Dart promised the Indians of eastern 
Oregon that they should not be disturbed in their 
religious practices, but have such teachers as they pre 
ferred. 20 This to the sectarian Protestant mind was 
simply atrocious, though it seemed only politic and 
just to the unbiassed understanding of the superin 
tendent. 

With regard to that part of his instructions relating 
to suppressing the establishments of the Hudson s 
Bay Company in Oregon, he informed the commis 
sioner that he found the company to have rights which 
prompted him to call the attention of the government 
to the subject before he attempted to interfere with 
them, and suggested the propriety of purchasing those 
rights instead of proceeding against British traders 
as criminals, the only accusation that could be brought 
against them being that they sold better goods to the 
Indians for less money than American traders. 

And concerning the intercourse act prohibiting the 
sale of intoxicating liquors to the natives, Dart re 
marked that although a good deal of liquor was con- 

9 This charge being deemed inimical to the administration, the President 
denied it in a letter to the Philadelphia Daily Sun, April 1852. The matter 
is referred to in the Or. Statesman, June 15th and July 3, 1852. See also 
Home Missionary, vol. Ixxxiv. 276. 

20 In 1852 a Catholic priest, E. C. Chirouse, settled on a piece of land at 
Walla Walla, making a claim under the act of congress establishing the terri 
torial government of Washington. He failed to make his final proof according 
to law, and the notification of his intentions was not filed till 1800, when 
Archbishop Blanchet made a notification; but it appeared that whatever title 
there was, was in Chirouse. He relinquished it to the U. S. in 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 some localities the Indians used 
less in proportion than any others in the United 
States, and referred to the difficulty of obtaining 
evidence against liquor sellers on account of the law 
of Oregon excluding colored witnesses. He also gave 
it as his opinion that except the Shoshones and Rogue 
River Indians the aborigines of Oregon were more 
peaceable than any of the uncivilized tribes, but that 
to keep in check these savages troops were indispen 
sable, recommending that a company be stationed in 
the Shoshone country to protect the next year s im 
migration. 21 Altogether Dart seems to have been a 
fair and reasonable man, who discharged his duty under 
unfavorable circumstances with promptness and good 
sense. 

21 Eighteen thousand dollars worth of property was stolen by the Slioshones 
in 1851; many white men were killed, and more wounded. Hutchison Clark, 
of Illinois, was driving, in advance of his company, with his mothe^, sister, 
and a young brother in the family carriage near Raft River 40 miles west of 
Fort Hall, when the party was attacked, his mother and brother killed, and 
Miss Grace Clark, after being outraged and shot through the body and wrist, 
was thrown over a precipice to die. She alighted on a bank of sand which 
broke the force of the fall. The savages then rolled stones over after her, 
some of which struck and wounded her, notwithstanding all of which she 
survived and reached Oregon alive. She was married afterward to a Mr 
Vandervert, and settled on the coast branch of the Willamette. She died 
Feb. 20, 1875. When the train came up and discovered the bloody deed and 
that the Indians had driven off over twenty valuable horses, a company was 
formed, led by Charles Clark, to follow and chastise them. These were driven 
back, however, with a loss of one killed and one wounded. A brother of this 
Qlark family named Thomas had emigrated in 1848, and was awaiting the 
arrival of his friends when the outrages occurred. Or. Statesman, Sept. 23, 
1851. The same band killed Mr Miller, from Virginia, and seriously wounded 
his daughter. They killed Jackson, a brother-in-law of Miller, at the same 
time, and attacked a train of twenty wagons, led by Harpool, being repulsed 
with some loss. Other parties were attacked at different points, and many 
persons wounded. Or. Spectator, Sept. 2, 1851; Barnes* Or. and CaL, MS., 
26. Raymond, superintendent at Fort Hall, said that 31 emigrants had been 
shot by the Shoshones and their allies the Bannacks. Or. Statesman, Dec. 9, 
1851; S. F. Alta, Sept. 28, 1851. The residents of the country were at a loss 
to account for these outrages, so bold on the part of the savages, and so 
injurious to the white people. It was said that the decline of the fur-trade 
compelled the Indians to robbery, and that they willingly availed themselves 
of an opportunity not only to make good their losses, but to be avenged for 
any wrongs, real or imaginary, which they had ever suffered at the hands of 
white men. A more obvious reason might be found in the withdrawal of the 
influence wielded over them by the Hudson s Bay Company, who being now 
under United States and Oregon law was forbidden to furnish ammunition, 
and was no longer esteemed among the Indians who had nothing to gain by 
obedience. Some of the emigrants professed to believe the Indian hostili 
ties directly due to Mormon influence. David Newsome of the immigration 



MORE PROMISES. 217 

On returning from eastern Oregon, Dart visited 
the mouth of the Columbia in company with two of 
his agents, and made treaties with the Indians on 

O 

both sides of the river, the tract purchased extending 
from the Chehalis River on the north to the Yaqui- 
na Bay on the south; and from the ocean on the 
west, to above the mouth of the Cowlitz River. For 
this territory the sum of ninety-one thousand three 
hundred dollars was promised, to be paid in ten yearly 
instalments, in clothing, provisions, and other neces 
sary articles. Reservations were made on Clatsop 
Point, and Woody and Cathlamet islands; and one 
was made at Shoal water Bay, conditioned upon the 
majority of the Indians removing to that place within 
one year, in which case they would be provided with 
a manual labor school, a lumber and flouring mill, and 
a farmer and blacksmith to instruct them in agricul 
ture and the smith s art. 

Other treaties were made during the summer and 
autumn. TheClackamas tribe, numbering eighty-eight 
persons, nineteen of whom were men, was promised 
an annuity of two thousand five hundred dollars for 
a period of ten years, five hundred in money, and the 
remainder in food and clothing. 2 The natives of the 
south-western coast also agreed to cede a territory 
extending from the Coquille River to the southern 
boundary of Oregon, and from the Pacific Ocean 

of 1851 says: Every murder, theft, and raid upon us from Fort Laramie to 
Grande Rondo we could trace to Mormon influences and plans. I recorded 
very many instances of thefts, robberies, and murders on the journey in my 
journal. Portland West Shore, Feb. 1876. I find no ground whatever for this 
assertion. But whatever the cause, they were an alarming feature of the time, 
and called for government interference. Hence a petition to congress in the 
memorial of the legislature for troops to be stationed at the several posts 
selected in 1849 or at other points upon the road; and of a demand of Lane s, 
that the rifle regiment should be returned to Oregon to keep the Indians in 
check. 32d Gong., 1st Sess., Cong. Globe, 1851-2, i. 507. When Superintend 
ent Dart was in the Nez Perce" country that tribe complained of the depi^eda- 
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 be left at liberty to go against their enemies. If the Nez 
Percys had been allowed to punish the Shoshones it would have saved the 
lives of many innocent persons and a large amount of government money. 
22 Or. Statesman, Aug. 19, 1851; Or. Spectator, Dec. 2, 1851. 



218 INDIAN AFFAIRS. 

to a line drawn fifty miles east, eighty miles in 
length, covering an area of two and a half million 
acres, most of which was mountainous and heavily 
timbered, with a few small valleys on the coast and 
in the interior, 23 for the sum of twenty-eight thou 
sand five hundred dollars, payable in ten annual in 
stalments, no part of which was to be paid in money. 
Thirteen treaties in all were concluded with different 
tribes, by the superintendent, for a quantity of land 
amounting to six million acres, at an average cost of 
not over three cents an acre. 24 

In November Dart left Oregon for Washington, 
taking with him the several treaties for ratification, 
and to provide for carrying them out. 

The demand for the office of an Indian agent in 
western Oregon began in 1849, or as soon as the Ind 
ians learned that white men might be expected to 
travel through their country with horses, provisions, 
and property of various kinds, which they might be de 
sirous to have. The trade in horses was good in the 
mines of California, and Cayuse stock was purchased 
and driven there by Oregon traders, who made a large 
profit. 25 Many miners also returned from California 
overland, and in doing so had frequent encounters with 
Indians, generally at the crossing of Rogue River. 26 
The ferrying at this place was performed in canoes, 
made for the occasion, and which, when used and left, 
were stolen by the Indians to compel the next party 
to make another, the delay affording opportunity for 

23 82d Cong., 1st Sess., H. Ex. Doc. 2, pt. iii. 483. 

24 After his return from his expedition east of the Cascade Range, Dart 
seemed to have practised an economy which was probably greatly suggested 
by the strictures of the democratic press upon the proceedings of the previous 
commission. All the expense, he says, referring to the Coquille country, 
* of making these treaties, adding the salaries of the officers of government, 
while thus engaged, would make the cost of the land less than one cent and 
a half per acre. 32d Cong., 1st Sess., H. Ex. Doc. 2, pt. iii. And in the 
California Courier he says the total cost of negotiating the whole thirteen 
treaties was, including travelling expenses, about $3,000. Or. Statesman, 
Report, Dec. 9, 1801. 

25 Honolulu Friend, Aug. 24, 1850. 

26 Hancock s Thirteen Years, MS.; Johnson s Cat. and Or., 121-2, 133. 



LANE AT ROGUE RIVER. 219 

falling on them should they prove unwary. After 
several companies had been attacked the miners turned 
upon the Indians and became the assailants. And to 
stop the stealing of canoes, left for the convenience of 
those in the rear, some miners concealed themselves 
and lav in wait for the thieves, who when thev en- 

t/ v 

tered the canoe were shot. However beneficial this 
may have been for the protection of the ferry it did 
not mend matters in a general way. If the Indians 
had at first been instigated simply by a desire for 
plunder, 27 they had now gained from the retaliation 
of the Americans another motive revenge. 

In the spring of 1850 a party of miners, who had 
collected a considerable sum in gold-dust in the placers 
of California and were returning home, reached the 
Rogue River, crossing one day, toward sunset, and 
encamped about Rock Point. They did not keep a 
very careful watch, and a sudden attack caused them 
to run to cover, while the Indians plundered the camp 
of everything of value, including the bags of gold- 
dust. But one man, who had his treasure on his per 
son, escaped being robbed. 

It was to settle with these rogues for this and like 

o 

transactions that Lane set out in May or June 1850 
to visit southern Oregon, as before mentioned. The 
party consisted of fifteen white men, and the same 
number of Klickitats, under their chief Quatley, the 
determined enemy of the Rogue River people. Quat 
ley was told what was expected of him, which was 
not to fight unless it become necesary, but to assist 
in making a treaty. They overtook on the way some 
cattle-drivers going to California, who travelled with 

27 Barnes Or. and CaL, MS., 13. Says Lane, speaking of the chief at 
Rogue River, over whom he obtained a strong influence: Joe told me that 
the first time he shed white blood, he, with another Indian, discovered late 
in the afternoon two whites on horseback passing through their country. At 
first they thought these might be men intending some mischief to their people, 
but having watched them to their camp and seen them build their fire for the 
night, they conceived the idea of murdering them for the sake of the horses 
and luggage. This they did, taking their scalps. After that they always 
killed any whites they could for the sake of plunder. Autobiography, MS., 
148. 



220 INDIAN AFFAIRS. 

them, glad of an escort. All were well mounted, with 
plenty of provisions on pack-horses, and well armed. 
They proceeded leisurely, and stopped to hunt and 
dry venison in the valley of Grave Creek. About 
the middle of June they arrived at Rogue River, and 
encamped near the Indian villages, Lane sending 
word to the principal chief that he had come to talk 
with him and his people, and to make a treaty of 
peace and friendship. To this message the chief re 
turned answer that he would come in two days with 
all his people, unarmed, as Lane stipulated. 

Accordingly, the two principal chiefs and about 
seventy-five warriors came and crossed to the south 
side, where Lane s company were encamped. A 
circle was formed, Lane and the chiefs standing inside 
the ring. But before the conference began a second 
band, as large as the first, and fully armed with bows 
and arrows, began descending a neighboring hill upon 
the camp. Lane told Quatley to come inside the 
ring, and stand, with two or three of his Indians, 
beside the head Rogue River chief. The new-comers 
were ordered to lay down their arms and be seated, 
and the business of the council proceeded, Lane keep 
ing a sharp lookout, and exchanging significant glances 
with Quatley and his party. The occasion of the 
visit was then fully explained to the people of Rogue 
River; they were reminded of their uniform conduct 
toward white men, of their murders and robberies, 
and were told that hereafter white people must travel 
through their country in safety; that their laws had 
been extended over all that region, and if obeyed 
every one could live in peace; and that if the Indians 
behaved well compensation would be made them for 
their lands that might be settled upon, and an agent 
sent to see that they had justice. 

Following Lane s speech, the Rogue River chief 
addressed, in loud, deliberate tones, his people, when 
presently they all rose and raised the war-cry, and 
those who had arms displayed them. Lane told Quat- 



A HOSTILE CONFERENCE. 221 

ley to hold fast the head chief, whom he had already 
seized, and ordering his men not to fire, he sprang 
with revolver in hand into the line of the traitors and 
knocked up their guns, commanding them to be 
seated and lay down their arms. As the chief was a 
prisoner, and Quatley held a knife at his throat, they 
were constrained to obey. The captive chief, who 
had not counted upon this prompt action, and whose 
brothers had previously disposed themselves among 
their people to be ready for action, finding his situa 
tion critical, told them to do as the white chief had 
said. After a brief consultation they rose again, 
being ordered by the chief to retire and not to return 
for two days, when they should come in a friendly 
manner to another council. The Indians then took 
their departure, sullen and humiliated, leaving their 
chief a prisoner in the hands of the white men, by 
whom he was secured in such a manner that he could 
not escape. 

Lane used the two days to impress upon the mind 
of the savage that he had better accept the offered 
friendship, and again gave him the promise of govern 
ment aid if he should make and observe a treaty 
allowing white men to pass safely through the coun 
try, to mine in the vicinity, and to settle in the Rogue 
River Valley. 23 By the time his people returned, he 
had become convinced that this was his best course, 
and advised them to accept the terms offered, and live 
in peace, which was finally agreed to. But the gold- 
dust of the Oregon party they had robbed in the spring 
was gone past all reclaim, as they had, without know 
ing its value, poured it all into the river, at a point 
where it was impossible to recover it. Some property 
of no value was given up; and thus was made the first 

2S The morning after the chief had been made a prisoner his old wife (he 
had several others, but said he only loved his first wife) came very cautiously 
to the bank of the river opposite, and asked to come over and stay with 
her chief; that she did not wish to be free while he was a prisoner. She 
was told to come and stay, and was kindly treated. Lane s Autobiography, 
MS., 94-5. 



222 INDIAN AFFAIRS. 

treaty with this tribe, a treaty which was observed 
with passable fidelity for about a year. 29 

The treaty concluded, Lane gave the Indians slips 
of paper stating the fact, and warning white men to 
do them no injury. These papers, bearing his signa 
ture, became a talisman among these Indians, who on 
approaching a white man would hold one of them out 
exclaiming, " Jo Lane, Jo Lane," the only English 
words they knew. On taking leave the chief, whose 
name hereafter by consent of Lane was to be Jo, pre 
sented his friend with a boy slave from the Modoc 
tribe, who accompanied him to the Shasta mines to 
which he now proceeded, the time when his resig 
nation was to take effect having passed. Here he 
dug gold, and dodged Indian arrows like any common 
miner until the spring of 1851, when he was recalled 
to Oregon. 30 

The gold discoveries of 1850 in the Klamath Val 
ley caused an exodus of Oregonians thither early in 
the following year; and notwithstanding Lane s treaty 
with Chief Jo, great vigilance was required to pre 
vent hostile encounters with his tribe as well as with 
that of the Umpqua Valley south of the canon. 31 It 

23 Like many another old soldier Lane loved to boast of his exploits. He 
asked the interpreter the name of the white chief, says the general, and re 
quested me to come to him as he wanted to talk. As I walked up to him he 
said, " Mika name Jo Lane?" I said, " Nawitka," which is " Yes." He said, 
" I want you to give me your name, for," said he, I have seen no man like 
you." I told the interpreter to say to him that I would give him half my 
name, but not all; that he should be called Jo. He was much pleased, and to 
the day of his death he was known as Jo. At his request I named his wife, 
calling her Sally. They had a son and a daughter, a lad of fourteen, the girl 
being about sixteen. She was quite a young queen in her manner and bear 
ing, and for an Indian quite pretty. I named the boy Ben, and the girl 
Mary. Lane s Autobiography, MS., 96-8. 

30 Sacramento Transcript, Jan. 14, 1851. Lane had his adventures in the 
mines, some of which are well told in his Autobiography. While on Pit 
River, his Modoc boy, whom he named John, and who from being kindly 
treated became a devoted servant, was the means of saving his life and that 
of an Oregonian named Driscoll. pp. 88-108. 

81 Card well, in his Emigrant Company, MS., 2-11, gives a history of his 
personal experience in travelling through and residing in Southern Oregon in 
1851 with 27 others. The Cow-creek Indians followed and annoyed them for 
some distance, when finally one of them \vas shot and wounded in the act of 
taking a horse from camp. At Grave creek, in Rogue River Valley, three 



UPRISING OF THE MINERS. 223 

soon became evident that Jo, even if he were honestly 
intentioned, could not keep the peace, the annoying 
and often threatening demonstrations of his people 
leading to occasional overt acts on the part of the 
miners, a circumstance likely to be construed by the 
Indians as sufficient provocation to further and more 
pronounced hostility. 

Some time in May a young man named Dilley was 
treacherously murdered by two Rogue River Indians, 
who, professing to be friendly, were travelling and 
camping with three white men. They rose in the 
night, took Dilley s gun, the only one in the party, 
shot him while sleeping, and made off with the horses 
and property, the other two men fleeing back to a 
company in the rear. On hearing of it thirty men 
of Shasta formed a company, headed by one Long, 
marched over the Siskiyou, and coming upon a band 
at the crossing of Rogue River, killed a sub-chief and 
one other Indian, took two warriors and two daughters 
of another chief prisoners, and held them as hostages 
for the delivery of the murderers of Dilley. The chief 
refused to give up the guilty Indians, but threatened 

instead to send a strong party to destroy Long s com- 

t 

Indians pretending to be friendly offered to show his party where gold could 
be found on the surface of the ground, telling their story so artfully that 
cross-questioning of the three separately did not show any contradiction in 
their statements, and the party consented to follow these guides. On a plain, 
subsequently known as Harris flat, the wagons stopped and 1 1 men were left 
to guard them, Mobile the rest of the company kept on with the Indians. They 
were led some distance up Applegate creek, where on examining the bars fine 
gold was found, but none of the promised nuggets. When the men began 
prospecting the stream the Indians collected on the sides of the hills above 
them, yelling and rolling stones down the descent. The miners, however, 
continued to examine the bars up the stream, a part of them standing guard 
rifle in hand; working in this manner two days and encamping in open ground 
at night. On the evening of the second day their tormentors withdrew in 
that mysterious manner which precedes an attack, and 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 
Jo, who was rather ostentatiously protecting this first white settlement. 
While breakfasting a pursuing party of Indians rode up within a short dis 
tance of camp where they were stopped by the presented rifles of the white 
men. Jo called this a hunting party and assured the miners they should not 
be molested in passing through the country ; on which explanation and 
promise word was sent to the wagon train, and the company proceeded across 
the Siskiyou Mountains to Shasta flat, where they discovered good mines on 
the 12th of March. 



224 INDIAN AFFAIRS. 

pany, which remained at the crossing awaiting events. 82 
It does not appear that Long s party was attacked, 
but several unsuspecting companies suffered in their 
stead. These attacks were made chiefly at one place 
some distance south of the ferry where Long and his 
men encamped. 33 The alarm spread throughout the 
southern valleys, and a petition was forwarded to 
Governor Gaines from the settlers in the Umpqua 
for permission to raise a company of volunteers to 
fight the Indians. The governor decided to look over 
the field before granting leave to the citizens to fight, 
and repaired in person to the scene of the reported 
hostilities. 

The Spectator, which was understood to lean toward 
Gaines and the administration, as opposed to the 
Statesman and democracy, referring to the petition 
remarked that leave had been asked to march into 
the Indian country and slay the savages wherever 
found; that the prejudice against Indians was very 
strong in the mines and daily increasing; and that no 
doubt this petition had been sent to the governor to 
secure his sanction to bringing a claim against the 
government for the expenses of another Indian war. 

One of Thurston s measures had been the removal 

12 Or. Statesman, June 20, 1851; Or. Spectator, June 19, 1851. 
33 On the 1st of June 26 men were attacked at the same place, and an 
Indian was killed in the skirmish. On the 2d four men were set upon in this 
camp and robbed of their horses and property, but escaped alive to Perkins 
ferry; and on the same day a pack-train belonging to one Nichols was robbed 
of a number of animals with their packs, one of the men being wounded in the 
heel by a ball. Two other parties were attacked on the same day, one of 
which lost four men. On the 3d of June McBride and 31 others were attacked 
in camp south of Rogue River. A. Richardson, of San Jose", California, James 
Barlow, Captain Turpin, Jesse Dodson and son, Aaron Payne, Dillard Hoi- 
man, Jesse Runnels, Presley Lovelady, and Richard Sparks of Oregon were 
in the company and were commended for bravery. Or. Statesman, June 20, 
1851. There were but 17 guns in the party, while the Indians numbered over 
200, having about the same number of guns besides their bows and arrows, 
and were led by a chief known as Chucklehead. The attack was made at 
daybreak, and the battle lasted four hours and a half, when Chucklehead being 
killed the Indians withdrew. It was believed that the Rogue River people lost 
several killed and wounded. None of the white men were seriously hurt, owing 
to the bad firing of the Indians, not yet used to guns, not to mention their 
station on the top of a hill. Three horses, a mule, and $1,500 worth of other 
property and gold-dust were taken by the Indians. 



REMOVAL OF SOLDIERS. 225 

from the territory of the United States troops, which 
after years of private and legislative appeal were at 
an enormous expense finally stationed at the different 
posts according to the desire of the people. He rep 
resented to congress that so far from being a blessing 
they were really a curse to the country, which would 
gladly be rid of them. To his constituents he said 
that the cost of maintaining the rifle regiment w r as 
four hundred thousand dollars a year. He proposed 
as a substitute to persuade congress to furnish a good 
supply of arms, ammunition, and military stores to 
Oregon, and authorize the governor to call out volun 
teers when needed, both as a saving to the govern 
ment and a means of profit to the territory, a part of 
the plan being to expend one hundred thousand dollars 
saved in goods for the Indians, which should be pur 
chased only of American merchants in Oregon. 

Thurston s plan had been carried out so far as re 
moving the rifle regiment was concerned, which in 
the month of April began to depart in divisions for 
California, and thence to Jefferson Barracks; 34 leav 
ing on the 1st of June, when Major Kearney began 
his march southward with the last division, only 
two skeleton companies of artillerymen to take charge 
of the government property at Steilacoom, Astoria, 
Vancouver, and The Dalles. He moved slowly, ex 
amining the country for military stations, and the 
best route for a military road which should avoid the 
Umpqua canon. On arriving at Yoncalla, 35 Kearney 

84 Brackets U. S. Cavalry, 129; Or. Spectator, April 10, 1851; Or. States 
man, May 30, 1851; 32d Cong., 1st Sess., H. Ex. Doc. 2, pt. i. 144-53. 

35 Yoncalla is a compound of yonc, eagle, and calla or calla-calla, bird or 
fowl, in the Indian dialect. It was applied as a name to a conspicuous butte 
in the Umpqua Valley, at the foot of which Jesse Applegate made his home, 
a large and hospitable mansion, now going to ruin. Applegate agreed to 
assist Kearney only in case of a better route than the canon road being dis 
covered, his men should put it in condition to be travelled by the immigra 
tion that year, to which Kearney consented, and a detachment of 28 men, 
under Lieutenant Williamson, accompanied by Levi Scott as well as Apple- 
gate, began the reconnoissance about the 10th of June, the main body of 
Kearney s command travelling the old road. It was almost with satisfaction 
that Applegate and Scott found that no better route than the one they 
opened in 1846 could be discovered, since it removed the reproach of their 
HIBT. OK., VOL. II. 15 



226 INDIAN AFFAIRS. 

consulted with Jesse Applegate, whom he prevailed 
upon to assist in the exploration of the country east 
of the canon, in which they were engaged when the 
Indian war began in Rogue River Valley. 

The exploring party had proceeded as far as this 
pass when they learned from a settler at the north 
end of the canon, one Knott, of the hostilities, and 
that the Indians were gathered at Table Rock, an 
almost impregnable position about twenty miles east 
of the ferry on Rogue River. 3( On this information 
Kearney, with a detachment of twenty-eight men, 
took up the march for the Indian stronghold with the 
design of dislodging them. A heavy rain had swollen 
the streams and impeded his progress, and it was not 
until the morning of the 17th of June that he reached 
Rogue River at a point five miles distant from Table 
Rock. While looking 1 for a ford indications of Ind- 

o 

ians in the vicinity were discovered, and Kearney 
hoped to be able to surprise them. He ordered the 
command to fasten their sabres to their saddles to 
prevent noise, and divided his force, a part under 
Captain Walker crossing to the south side of the 
river to intercept any fugitives, while the remainder 
under Captain James Stuart kept upon the north side. 
Stuart soon came upon the Indians who were pre 
pared for battle. Dismounting his men, who in their 
haste left their sabres tied to their saddles, Stuart 
made a dash upon the enemy. They met him with 
equal courage. A brief struggle took place in which 
eleven Indians were killed and several wounded. 
Stuart himself was matched against a powerful war 
rior, who had been struck more than once without 

enemies that they were to blame for not finding a better one at that time. 
None other has ever been found, though Appbgate himself expected when 
with Kearney to be able to get a road saving 40 miles of travel. Ewald, in 
Or. Statesman, July 22, 1851. 

36 Table Rock is a flat-topped mountain overhanging Rogue River. Using 
the rock as a watch-tower, the Indians in perfect security had a large extent 
of country and a long line of road under their observation, and could deter 
mine the strength of any passing company of travellers and their place ^of 
encampment, before sallying forth to the attack. Or. Statesman, July 22, 1851. 



BATTLE OF ROGUE RIVER. 227 

meeting his. death. As the captain approached, the 
savage, though prostrate, let fly an arrow which 
pierced him through, lodging in the kidneys, of which 
wound he died the day after the battle. 37 Captain 
Peck was also wounded severely, and one of the 
troops slightly. 

The Indians, who were found to be in large num 
bers, retreated upon their stronghold, and Kearney 
also fell back to wait for the coming-up of lieuten 
ants Williamson and Irvine with a detachment, and 
the volunteer companies hastily gathered among the 
miners. 38 Camp was made at the mouth of a tribu 
tary of Rogue River, entering a few miles below Tablo 
Rock, which was named Stuart creek after the dying 
captain. It was not till the 23d that the Indians 
were again engaged. A skirmish occurred in the 
morning, and a four hours battle in the afternoon of 
that day. The Indians were stationed in a densely 
wooded hummock, which gave them the advantage in 
point of position, while in the matter of arms the 

37 Brackett, in his U. S. Cavalry, calls this officer the excellent and be 
loved Captain James Stuart. The nature of the wound caused excruciating 
pain, but his great regret was that after passing unharmed through six hard 
battles in Mexico he should die in the wilderness at the hands of an Indian. 
It is doubtful, however, if death on a Mexican battle-field would have brought 
with it a more lasting renown. Stuart Creek on which he was interred camp 
being made over his grave to obliterate it and the warm place kept for him 
in the hearts of Oregonians will perpetuate his memory. Cardwefl s Emigrant, 
Company, MS., 14; Or. Statesman, July 8, 1851; 8. F. Alia, July 16, 1851; 
State Rijht* Democrat, Dec. 15th and 22, 1876. 

38 Card well relates that his company were returning from Josephine creek- 
named after a daughter of Kirby who founded Kirbyville on their way to 
Yreka, when they met Applegate at the ferry on Rogue River, who suggested 
that it would be proper enough to assist the government troops and Lamer- 
ick s volunteers to clean out the Indians in Rogue River Valley. Thirty men 
upon this suggestion went to Willow Springs on the 16th, upon the under 
standing that Kearney would make an attack next day near the mouth of 
Stuart s creek, when it was thought the Indians would move in this direction, 
and the volunteers could engage them until the troops came up. At day 
light the following morning, says Cardwell, we heard the firing commence. 
It was kept up quite briskly for about fifteen minutes. There was a terrible 
yelling and crying by the Indians, and howling of dogs during the battle. 
Emigrant Company, MS., 12; Crane s Top. Mem., MS., 40. The names of 
Applegate, Scott, Boone, T Vault, Armstrong, Blanchard, and Colonel Tranor 
from California, are mentioned in Lane s correspondence in the Or. Statesman 
July 22, 1851, as ready to assist the troops. I suppose this to be James W. 
Tranor, formerly of the New Orleans press, an adventurous pioneer and 
brilliant newspaper writer, who was afterward killed by Indians while cross 
ing Pit River. Oakland Transcript, Dec. 7, 1872. 



223 INDIAN AFFAIRS. 

troops were better furnished. In these battles the 
savages again suffered severely, and on the other 
side several were wounded but none killed. 

While these events were in progress both Gaines 
and Lane were on their way to the scene of action. 
The governor s position was not an enviable one. 
Scarcely were the riflemen beyond the Willamette when 
he was forced to write the president representing the 
imprudence of withdrawing the troops at this time, no 
provision having been made by the legislature for or 
ganizing the militia of the territory, or for meeting in 
any way the emergency evidently arising. 39 The re 
ply which in due time he received was that the rifle 
regiment had been withdrawn, first because its services 
were needed on the frontier of Mexico and Texas, 
and secondly because the Oregon delegate had as 
sured the department that its presence in Oregon was 
not needed. In answer to the governor s suggestion 
that a post should be established in southern Oregon, 
the secretary gave it as his opinion that the com 
manding officer in California should order a recon- 
noissance in that part of the country, with a view to 
selecting a proper site for such a post without loss of 
time. But with regard to troops, there were none 
that could be sent to Oregon; nor could they, if put 
en route at that time, it being already September, 
reach there in time to meet the emergency. The 
secretary therefore suggested that companies of militia 
might be organized, which could be mustered into ser 
vice for short periods, and used in conjunction with 
the regular troops in the pursuit of Indians, or as the 
exigencies of the service demanded. 

Meanwhile Gaines, deprived entirely of military sup 
port, endeavored to raise a volunteer company at Yon- 
calla to escort him over the dangerous portion of the 
route to Rogue River; but most of the men of Ump- 
qua, having either gone to the mines or to reenforce 

39 32d Cony., 1st Sess., II . Ex. Doc. 2, pt. i. 145; Or. Spectator, Aug. 12, 
1851. 



ACTION OF THE GOVERNOR. 229 

Kearney, this was a difficult undertaking, detaining him 
so that it was the last of the month before he reached 
his destination. Lane having already started south 
to look after his mining property before quitting Ore 
gon for Washington arrived at the Umpqua canon 
on the 21st, where he was met by a party going north, 
from whom he obtained the news of the battle of the 
17th and the results, with the information that more 
fighting was expected. Hastening forward with his 
party of about forty men he arrived at the foot of the 
Rogue River mountains on the night of the 22d, 
where he learned from an express rider that Kearney 
had by that time left camp on Stuart creek with the 
intention of making a night march in order to strike 
the Indians at daybreak of the 23d. 

He set out to join Kearney, but after a hard day s 
ride, being unsuccessful, proceeded next morning to 
Camp Stuart with the hope of learning something of 
the movements of Kearney s command. That evening 
Scott and T Vault came to camp with a small party, 
for supplies, and Lane returned with them to the 
army, riding from nine o clock in the evening to two 
o clock in the morning, and being heartily welcomed 
both by Kearney and the volunteers. 

Early on the 25th, the command moved back down 
the river to overtake the Indians, who had escaped 
during the night, and crossing the river seven miles 
above the ferry found the trail leading up Sardine 
creek, which being followed brought them up with the 
fugitives, one of whom was killed, while the others 
scattered through the woods like a covey of quail in 
the grass. Two days were spent in pursuing and 
taking prisoners the women and children, the men 
escaping. On the 27th the army scoured the country 
from the ferry to Table Rock, returning in the even 
ing to Camp Stuart, when the campaign was consid 
ered as closed. Fifty Indians had been killed and 
thirty prisoners taken, while the loss to the white 
warriors, since the first battle, was a few wounded. 



230 INDIAN AFFAIRS. 

The Indians had at the first been proudly defiant, 
Chief Jo boasting that he had a thousand warriors, 
and could keep that number of arrows in the air con 
tinually. But their pride had suffered a fall which 
left them apparently humbled. They complained to 
Lane, whom they recognized, talking across the river 
in stentorian tones, that white men had come on 
horses in great numbers, invading every portion of 
their country. They were afraid, they said, to lie 
down to sleep lest the strangers should be upon them. 
They wearied of war and wanted peace. 40 There was 
truth as well as oratorical effect in their harangues, 

o 

for just at this time their sleep was indeed insecure; 
but it was not taken into account by them that they 
had given white men this feeling of insecurity of 
which they complained. 

Now that the fighting was over Kearney was 
anxious to resume his march toward California, but 
was embarrassed with the charge of prisoners. The 
governor had not yet arrived; the superintendent of 
Indian affairs was a great distance off in another part 
of the territory; there was no place where they could 
be confined irj Rogue River valley, nor did he know 
of any means of sending them to Oregon City. But 
he was determined not to release them until they had 
consented to a treaty of peace. Sooner than do that 
he would take them with him to California and send 
them back to Oregon by sea. Indeed he had pro 
ceeded with them to within twenty -five miles of Shasta 
Butte, a mining town afterward named Yreka, 41 when 
Lane, who when his services were no longer needed 
in the field had continued his journey to Shasta 
Valley, again came to his relief by offering to escort 
the prisoners to Oregon City whither he was about 
to return, or to deliver them to the governor or super- 

40 Letter of Lane, in Or. Statesman, July 22, 1851. 

41 It is said that the Indians called Mount Shasta Yee-ka, and that the 
miners having caught something of Spanish orthography and pronunciation 
changed it to Yreka; hence Shasta Butte city became Yreka. E. Steele, in 
Or. Council, Jour. 1857-8, app. 44. 



THE GAINES TREATY. 231 

intendent of Indian affairs wherever he might find 
them. Lieutenant Irvine, 42 from whom Lane learned 
Kearney s predicament, carried Lane s proposition 
to the major, and the prisoners were at once sent to 
his care, escorted by Captain Walker. Lane s party 43 
set out immediately for the north, and on the 7th of 
July delivered their charge to Governor Gaines, who 
had arrived at the ferry, where he was encamped 
with fifteen men waiting for his interpreters to bring 
the Rogue River chiefs to a council, his success in 
which undertaking was greatly due to his possession 
of their families. Lane then hastened to Oregon City 
to embark for the national capital, having added much 
to his reputation with the people by his readiness of 
action in this first Indian war west of the Cascade 
Mountains, as well as in the prompt arrest of the 
deserting riflemen in the spring of 1850. To do, to 
do quickly, and generally to do the thing pleasing to 
the people, of whom he always seemed to be thinking, 
was natural and easy for him, and in this lay the secret 
of his popularity. 

When Gaines arrived at Rogue River he found 
Kearney had gone, not a trooper in the country, and 
the Indians scattered. He made an attempt to col 
lect them for a council, and succeeded, as I have inti 
mated, by means of the prisoners Lane brought him, 
in inducing about one hundred, among whom .w r ere 
eleven head men, to agree to a peace. By the terms 
of the treaty, which was altogether informal, his com 
mission having been withdrawn, the Indians placed 

* 2 Irvine, who was with Williamson on a topographical expedition, had an 
adventure before he was well out of the Shasta country with two Indians and 
a Frenchman who took him prisoner, bound him to a tree, and inflicted some 
tortures upon him. The Frenchman who was using the Indians for his own 
purposes finally sent them away on some pretence, and taking the watch and 
valuables belonging to Irvine sat down by the camp-fire to count his spoil. 
While thus engaged the lieutenant succeeded in freeing himself from his 
bonds, and rushing upon the fellow struck him senseless for a moment. On 
recovering himself the Frenchman struggled desperately with his former 
prisoner but was finally killed and Irvine escaped. Or. Statesman, Aug. 5, 
1851. 

43 Among Lane s company were Daniel Waldo, Hunter, and Rust of Ken 
tucky, and Simonson. of Indiana. 



232 INDIAN AFFAIRS. 

themselves under the jurisdiction and protection of 
the United States, and agreed to restore all the prop 
erty stolen at any time from white persons, in return 
for which promises of good behavior they received 
back their wives and children and any property taken 
from them. There was nothing in the treaty to pre 
vent the Indians, as soon as they were reunited to 
their families, from resuming their hostilities; and 
indeed it was well known that there were two parties 
amongst them one in favor of war and the other 
opposed to it, but the majority for it. Though so 
severely punished, the head chief of the war party re 
fused to treat with Kearney, and challenged him to 
further combat, after the battle of the 23d. It was 
quite natural therefore that the governor should 
qualify his belief that they would observe the treaty, 
provided an efficient agent and a small military force 
could be sent among them. And it was no less nat 
ural that the miners and settlers should doubt the 
keeping of the compact, and believe in a peace pro 
cured by the rifle. 



CHAPTER VIII. 

PLAUSIBLE PACIFICATION. 
1851-1852. 

OFFICERS AND INDIAN AGENTS AT POBT ORFORD ATTITUDE OF THE Co- 
QUILLES U. S. TROOPS ORDERED OUT SOLDIERS AS INDIAN-FIGHTERS 
THE SAVAGES TOO MUCH FOR THEM SOMETHING OF SCARFACE AND 
THE SHASTAS STEELE SECURES A CONFERENCE ACTION OF SUPERIN 
TENDENT SKINNER MUCH ADO ABOUT NOTHING SOME FIGHTING AN 
INSECURE PEACE MORE TROOPS ORDERED TO VANCOUVER. 

GENERAL HITCHCOCK, commanding the Pacific di 
vision at Benicia, California, on hearing Kearny s ac 
count of affairs between the Indians and the miners, 
made a visit to Oregon; and having been persuaded 
that Port Orford was the proper point for a garrison, 
transferred Lieutenant Kautz and his company of 
twenty men from Astoria, where the governor had 
declared they were of no use, to Port Orford, where 
he afterward complained they were worth no more. 
At the same time the superintendent of Indian affairs, 
with agents Parrish and Spalding, repaired to the 
southern coast to treat if ppssible with its people. 
They took passage on the propeller Seagull, from 
Portland, on the 12th of September, 1851, T Vault s 
party being at that time in the mountains looking for 
a road. The Seagull arrived at Port Orford on the 

14th. two davs before T Vault and Brush were re- 

i/ 

turned to that place, naked and stiff with wounds, by 
the charitable natives of Cape Blanco. 

The twofold policy of the United States made it 
the duty of the superintendent to notice the murderous 

(233) 



234 PLAUSIBLE PACIFICATION. 

conduct of the Coquilles. As Dart had come to 
treat, he did not wish to appear as an avenger; neither 
did he feel secure as conciliator. It was at length 
decided to employ the Cape Blanco native, who under 
took to ascertain the whereabouts, alive or dead, of 
the seven men still missing of the T Vault party. 
This he did by sending two women of his tribe to the 
Coquille River, where the killing of five, and probable 
escape of the rest, was ascertained. The women in 
terred the mangled bodies in the sand. 

The attitude of the Coquilles was not assuring. 
To treat with them while they harbored murderers 
would not do; and how to make them give them up 
without calling on the military puzzled the superin 
tendent. Finally Parrish, whose residence among 
the Clatsops had given him some knowledge of the 
coast tribes, undertook to secure hostages, but failed. 1 
Dart returned to Portland about the 1st of October, 
leaving his interpreter with Kautz. 

Between the visits of Governor Gaines to Rogue 
River and Dart to Port Orford, disturbances had 
been resumed in the former region. Gaines had 
agreed upon a mutual restitution of property or of its 
value, which was found not to work well, the miners 
being as much dissatisfied as the Indians. From this 
reason, and because the majority of the Rogue River 
natives were not parties to the treaty, not many weeks 
had elapsed after Gaines returned to Oregon City 
before depredations were resumed. A settler s cabin 
was broken into on Grave Creek, and some travellers 
were fired on from ambush; 2 rumors of which reach 
ing the superintendent before leaving the Willamette, 
he sent a messenger to request the Rogue River 
chiefs to meet him at Port Orford. Ignorance of 
Indian ways, unpardonable in a superintendent, could 
alone have caused so great a blunder. Not only did 
they refuse thus to go into their neighbor s territory, 



I 0r. Anecdotes, MS., 58-61. 

2 Or. Statesman, Sept. 2, 9, 16, and 30, 1851. 



AFFAIRS AT PORT ORFORD. 235 

but made the request an excuse for further disturb 
ances. 3 Again, there were white men in this region 
who killed and robbed white men, charging their 
crimes 4 upon the savages. Indian Agent Skinner held 
conferences with several bands at Koofue River, all of 

O 

whom professed friendship and accepted presents; 5 
in which better frame of mind I will leave them and 
return to affairs at Port Orford. 

When intelligence of the massacre on the Coquille 
was received at division headquarters in California, 
punishment was deemed necessary, and as I have be 
fore mentioned, a military force was transferred to 
the Port Orford station. The troops, commanded by 
Lieutenant-colonel Casey of the 2d infantry, were 
portions of companies E and A, 1st dragoons dis 
mounted, lieutenants Thomas Wright and Georo-e 

o o 

Stoneman, and company C with their horses. The 
dismounted men arrived at Port Orford October 22d, 
and the mounted men by the next steamer, five days 
later. On the 31st the three companies set out for 
the mouth of the Coquille, arriving at their destina 
tion November 3d, Colonel Casey and Lieutenant 
Stanton leading the mounted men, with Brush, a sur 
vivor of the massacre, as guide, and a few stragglers. 
The Coquilles were bold and brave. One of them 
meeting Wright away from camp attempted to wrest 
from him his rifle, and was shot by that officer for his 
temerity. On the 5th the savages assembled on the 

3 Two drovers, Moffat and Evans, taking a herd of swine to the Shasta 
mines, encamped with two others near the foot of the Siskiyou Mountains, 
their hogs eating the acorns used as food by the natives, who demanded a hog 
in payment. One of them pointed his gun at a pig as if to shoot, whereupon 
Moffat drew his pistol, and accidentally discharging it, hurt his hand. Irri 
tated by the pain, Moffat fired at the Indian, killing him. Another Indian 
then fired at Moffat, giving him a mortal wound. In the excitement, Evans 
and the Indians exchanged shots, wounds being received on both sides. 
Moffat was from Philadelphia, where he had a family. Or. Statesman, Nov. 
11 and 25, 1851; Or. Spectator, Jan. 6, 1852. 

4 There was at this time on the southern border of Oregon an organized 
band of desperadoes, white men, half-breeds, and Indians, who were the 
terror of the miners. See Popular Tribunal*, this series, passim. 

b U. S. Sen. Doc., 32d cong. 2d sess., i. 453. 



236 PLAUSIBLE PACIFICATION. 

north bank to the number of one hundred and fifty, 
and by their gesticulations challenged the troops to 
battle. The soldiers fired across the river, the Co- 
quilles returning the fire with the guns taken from 
T Vault s party ; 6 but no damage was done. Construct 
ing a raft, the main body crossed to the north side 
on the 7th in a cold drenching rain, while Stanton 
proceeded up the south side, ready to cooperate with 
Casey when the Indians, who had now retreated up 
the stream, should be found. It was soon ascertained 
that a campaign on the Coquille was no trifling matter. 
The savages were nowhere to be found in force, hav 
ing fled toward head waters, or a favorable ambush. 
Marching in order was not to be thought of; and 
after several days of wading through morasses, climb 
ing hills, and forcing a way among the undergrowth 
by day and sleeping under a single wet blanket at 
night, the order to retreat was given. Nothing had 
been met with on the route but deserted villages, 
which were invariably destroyed, together with the 
winter s store of provisions a noble revenge on inno 
cent women and children, who must starve in conse 
quence. Returning to the mouth of the river, Casey 
sent to Port Orford for boats to be brought overland, 
on the arrival of which the campaign was recom 
menced on a different plan. 

In three small boats were crowded sixty men, in 
such a manner that their arms could not be used; and 
so they proceeded up the river for four days, finding 
no enemy. At the forks, the current being strong, 
the troops encamped. It was now the 20th of No 
vember, and the weather very inclement. On the 
21st Casey detailed Stonemari to proceed up the south 
branch with one boat and fourteen men; while Wright 

6 T Vault says there were eight rifles, one musket, one double-barrelled pis 
tol, one Sharp s patent 36 shooting-rifle, one Colt s six-shooter, one brace hol 
ster pistols, with ammunition, and some blankets. Here were fourteen shoot 
ing-arms, many of them repeating, yet the party could not defend themselves 
on account of the suddenness and manner of the attack. Or. Statexman, Oct. 
7, 1851. 



FIGHT WITH THE COQUILLES. 237 

with a similar force ascended the north branch, look 
ing for Indians. After advancing six or eight miles, 
Stoneman discovered the enemy in force on both banks. 
A few shots were fired, and the party returned and 
reported. In the course of the afternoon Wright also 
returned, having been about eighteen miles up the 
north branch without finding any foe. On the 22d 
the whole command set out toward the Indian camp 
on the south branch, taking only two boats, with five 
men in each, the troops marching up the right bank 
to within half a mile of the point aimed at, when 
Stonernan crossed to the left bank with one company, 
and the march was resumed in silence, the boats con 
tinuing to ascend with equal caution. The Indians 
were found assembled at the junction. When the 
boats were within a hundred and fifty yards of them 
the savages opened fire with guns and arrows. Wright 
then made a dash to the river bank, and with yells 
drove the savages into concealment. Meanwhile 
Stoneman was busy picking off certain of the enemy 
stationed on the bank to prevent a landing. 

The engagement lasted only about twenty minutes, 
and the Coquilles had now scampered into the woods, 
where it would be useless to attempt to follow them. 
Fifteen were killed and many appeared to be wounded. 
Their lodges and provisions were burned, while their 
canoes were carried away. Casey, who was with 
Wright on the north bank, joined in the fighting with 
enthusiasm, telling the men to take good aim and not 
throw away shots. 7 

The troops returned to the mouth of the river, 
where they remained for a few days, and then marched 
back to Port Orford, and took passage on the Colum 
bia for San Francisco, where they arrived on the 12th 

7 The above details are mostly from the letter of a private soldier, written 
to his brother in the east. Before the letter was finished the writer was 
drowned in the Sixes River near Cape Blanco, while riding express from Port 
Orford to Lieut. Stoneman s camp at the mouth of the Coquille. The letter 
was published in the Alto, California, Dec. 14, 1851. It agrees with other 
but less particular accounts, in the 8. F. Herald of Dec. 4, 1851, and Or. States 
man, Dec. 16 and 30, 1851. See also Davidson s Coast Pilot, 119. 



233 PLAUSIBLE PACIFICATION. 

of December. 8 This expedition cost the government 
some twenty-five thousand dollars/ and resulted in 
killing a dozen or more Indians, which coming after the 
late friendly professions of Indian Agent Parrish, did 
not tend to confidence in the promises of the govern 
ment, or increase the safety of the settlers. 10 

I have told how Stanton returned to Oregon with 

o 

troops to garrison Fort Orford, being shipwrecked 
and detained four months at Coos Bay. He had 
orders to explore for a road to the interior, in connec 
tion with Williamson, who had already begun this 
survey. The work was prosecuted with energy, and 
finished in the autumn of 1852. 

The presents distributed by Skinner had not the 
virtue to preserve lasting tranquillity in the mining 
region. In the latter part of April 1852, a citizen 
of Marion county returning from the mines w T as 
robbed of his horse and other property in the Grave 
Creek hills by Rogue River Indians. This act was 
followed by other interruption of travellers, and de 
mand for pay for passing fords. 11 Growing bolder, 
robbery was followed by murder, and then came war. 12 

On the 8th of July, a Shasta, named Scarface, a 

z Cal Courier, Dec. 13, 1851. 

9 Report of Major Robert Allen, in U. S. H. Ex. Doc. 2, vol. ii. part 1, p. 
150, 32d cong. Istsess. 

10 The commanders went without an interpreter to the Coquille village, 
and just banged away until they gratified themselves, and then went to Port 
Orford and back to San Francisco. Parrish s Or. Anecdotes, MS., 66. See 
also Alta California, Dec. 14, 1851. 

n Hearne s Cal. Sketches, MS., 2. 

12 In the early spring of 1852 a party of five men, led by James Coy, left 
Jacksonville to look for mining ground toward the coast. Having discov 
ered some good diggings on a tributary of Illinois JRiver, now called Jose 
phine Creek, they were following up the right branch, when they discovered, 
three miles above the junction, the remains of two white men, evidently 
murdered by the Indians. Being few in number, they determined to return 
and reenforce. Camping at night at the mouth of Josephine Creek, they 
were attacked by a large force. They kept the enemy at bay until the next 
night, when one of the men crowded through their lines, and hastened to 
Jacksonville for aid. All that day, and the next, and until about ten o clock 
on the third, the besieged defended their little fortress, when a party of 35 
came down the mountain to their relief; and finding the country rich in 
mines, took up claims, and made the first permanent settlement in Illinois 
Valley. Scraps Southern Or. Hint., in Ashland Tidings, Sept. 20, 1878. 



TROUBLES WITH THE SHASTAS. 239 

notorious villain, who had killed his chief and usurped 
authority, murdered one Calvin Woodman, on Ind 
ian Creek, a small tributary of the Klamath. The 
white men of Shasta and Scott s valleys arrested the 
head chief, and demanded the surrender of Scarface 
and his accomplice, another Shasta known as Bill. 
The captured chief not only refused, but made his 
escape. The miners then organized, and in a fight 
which ensued the sheriff was wounded, some horses 
being killed. Mr E. Steele was then living at Yreka. 
He had mined in the Shasta valley when Lane was 
digging gold in that vicinity. The natives had named 
him Jo Lane s Brother, and he had great influence 
with them. Steele had been absent at the time of 
the murder, but returning to Scott Valley soon after, 
found the Indians moving their families toward the 
Salmon River mountains, a sign of approaching 
trouble. Hastening to Johnson s rancho, he learned 
what had occurred, and also met there a company 
from Scott Bar prosecuting an unsuccessful search for 
the savages in the direction of Yreka. Next day, at 
the request of Johnson, who had his family at the 
rancho and was concerned for their safety, Steele col 
lected the Indians in Scott Valley and held a council. 
The Shastas, to which nation belonged the Rosfue 

- 

River tribes, were divided under several chiefs as fol 
lows: Tolo was the acknowledged head of those who 
lived in the flat country about Yreka ; Scarface and Bill 
were over those in Shasta Valley; John of those in 
Scott Valley; and Sam and Jo of those in Rogue River 
Valley, having been formerly all under one chief, the fa 
ther of John. On the death of the old chief a feud had 
arisen concerning the supremacy, which was inter 
rupted by the appearance of white men, since which 
time each had controlled his own band. Then there 
were two chiefs who had their country at the foot of 
the Siskiyou Mountains on the north side, or south of 
Jacksonville, namely, Tipso, that is to say, The Hairy, 
from his heavy beard, and Sullix, or the Bad -tern- 



240 PLAUSIBLE PACIFICATION. 

pered, both of whom were unfriendly to the settlers 
and miners. 13 They also had wars with the Shastas 
on the south side of the Siskiyou/ 4 and were alto 
gether turbulent in their character. 

The chiefs whom Steele induced to trust themselves 
inside Johnson s stockade for conference were Tolo, 
his son Philip, and John, with three of his brothers, 
one of whom was known as Jim. These affirmed that 
they desired peace, and said if Steele would accom 
pany them they would go in search of the murderers. 
Accordingly a party of seven was formed, four more 
joining at Shasta canon. 15 Proceeding to Yreka, 
Steele had some trouble to protect his savages from 
the citizens, who wished to hang them. But an order 
of arrest having been obtained from the county judge, 
the party proceeded, and in two days reached the 
hiding-place of Scarface and Bill. The criminals had 
fled, having gone to join Sam, brother of Chief Jo, 
Lane s namesake, who had taken up arms because Dr 
Ambrose, a settler, had seized the ground which was 
the winter residence of the tribe, and because he would 
not betroth his daughter to Sam s son, both children 
being still of tender age. 

Tolo, Philip, and Jim then withdrew from the party 
of white men, substituting two young warriors, who 
were pledged to find Scarface and Bill, or suffer in 
their stead. A party under Wright then proceeded 
to the Klamath country. Steele went to Rogue River, 
hearing on the Siskiyou Mountain confirmation of the 
war rumor from a captured warrior, afterward shot in 
trying to effect his escape. 

Rumors of disaffection reaching Table Rock, 16 seven- 

13 See CardwelVa Em. Co., MS., 15, 7. 
*Id., 15-21; Ashland Tid., Dec. 2, 9, 1876, and Sept. 20, 1878. 

J5 The Scott Valley men were John McLeod, James Bruce, James White, 
Peter Snellback, John Galvin, and a youth called Harry. The four from 
Shasta were J. D. Cook, F. W. Merritt, L. S. Thompson, and Ben. Wright, 
who acted as interpreter. 

16 Jacksonville was at this time called Table Rock, though without rele 
vance. The first journal published there was the Table Hock Sentinel. Prim s 
Judicial Affairs in 8. Or., MS., 3. 



PARLEYS. 241 

ty-five or eighty men, with John K. Lamerick as 
leader, volunteered to go and kill Indians. Hearing 
of it, Skinner hastened to prevent slaughter, but only 
obtained a promise not to attack until he should have 
had an opportunity of parley. A committee of four 
was appointed by the citizens of Table Rock to ac 
company the agent. They found Sam at his encamp 
ment at Big Bar, two miles from the house of 
Ambrose, and at no great distance from Stuart s 
former camp. Sam did not hesitate to cross to the 
south side to talk with Skinner. He declared him 
self for peace, and proposed to send for his brother 
Jo, with all his band, to meet the agent the following 
day; nor did he make any objection when told that a 
large number of white men would be present to wit 
ness the negotiations. 

At this juncture, Steele arrived in the valley with 
his party and two Shastas, Skinner confessing to him 
that the situation was serious. He agreed, how 
ever, to Steele s request to make the delivery of the 
murderers one of the conditions of peace. 

At the time appointed, Skinner and Steele repaired 
to Big Bar with their respective commands and the 
volunteers under Lamerick. One of Steele s Shastas 
was sent to Sam with a message, requesting him to 
come over the river and bring a few of his warriors as 
a body-guard. After the usual Indian parley he 
came, accompanied by Jo and a few fighting men; 
but seeing Lamerick s company mounted and drawn 
up in line, expressed a fear of them, when Skinner 
caused them to dismount and stack their arms. 

The messenger to Sam s camp told Steele that he 
had recognized the murderers among Sam s people, 
and Steele demanded his arrest; but Skinner refused, 
fearing bloodshed. The agent went further, and 
ordered the release of two prisoners taken by Steele 
on the north side of the Siskiyou Mountains, Sam 
having first made the demand, and refused to negotiate 
until it was complied with. The order was accom- 

HIST. OK., VOL. II. 16 



242 PLAUSIBLE PACIFICATION. 

panied with the notice to Steele that he was within 
the jurisdiction of the person giving the command. 
But all was of no avail. Steele seemed as determined 
to precipitate war as was Skinner to avoid it. Final 
ly Skinner addressed himself to the prisoners, telling 
them they were free, that he was chief of the white 
people in the Indian country, and they should accept 
their liberty. On the other hand, Steele warned his 
prisoners that if they attempted to escape they would 
be shot, when Skinner threatened to arrest and send 
him to Oregon City. The quarrel ended by Steele 
keeping his captives under a guard of two of his own 
men, who were instructed to shoot them if they ran 
away, Sam and his party being informed of the order. 
His six remaining men were stationed with reference 
to a surprise from the rear and a rescue. 

The conference then proceeded; but presently a 
hundred armed warriors crossed the river and mixed 
with the unarmed white men, whereupon Steele or 
dered his men to resume their arms. 

The council resulted in nothing. Sam declined to 
give up the murderers, and the talk of the chiefs was 
shuffling and evasive. At length, on a pretence of 
wishing to consult with some of his people, Sam ob 
tained permission to return to the north bank of the 
river, from which he shouted back defiance, and say 
ing that he should not return. The white forces 
were then divided, Lamerick going with half the 
company to a ford above Big Bar, and his lieutenant 
with the remainder to the ford half a mile below, pre 
pared to cross the river and attack Sam s camp if any 
hostile demonstrations should be made at the council 
ground. But the agent, apprehensive of an outbreak, 
followed the angry chief to the north side, the Ind 
ians also crossing over until about fifty only re 
mained. Becoming alarmed for the safety of Skin 
ner, Steele placed a guard at the crossing to prevent 
all the Indians returning to camp before the agent 
should come back, which he did in company with one 



THE BATTLE BEGINS. 243 

of the Shastas, who had been sent to warn him. 
Though the agent was aware that this man could 
point out the murderers, he would not consent,, lest 
it should be a signal for battle. 

By the time Steele had recrossed the river, a fresh 
commotion arose over the rumor that Scarface was 
seen with two others goinof over the hills toward the 

^j _cp 

Klamath. The Rogue River warriors, still on the 
south side, observing it, began posting themselves 
under cover of some trees, as if preparing for a skir 
mish, to prevent which Steele s men placed them 
selves in a position to intercept them, when an 
encounter appearing imminent, Martin Angell, 17 a 
settler, proposed to the Indians to give up their 
arms, and sheltering themselves in a log house in 
the vicinity, to remain there as hostages until the 
criminals should be brought back by their own peo 
ple. The proposition was accepted; but when they 
had filed past Steele s party they made a dash to 
gain the woods. This was the critical moment. To 
allow the savages to gain cover would be to expose 
the white men to a fire they could not return; there 
fore the order was given, and firing set in on both 
sides. 

It should not be forgotten that Steele s men from 
the California side of the Siskiyou, throughout the 
whole affair, had done all that was done to precipitate 
the conflict, which was nevertheless probably una 
voidable in the agitated state of both Indians and 
white men. The savages were well armed and ready 
for war, and the miners and settlers were bent on the 
mastery. When the firing began, Lanierick s com 
pany were still at the fords, some distance from the 
others. At the sound of the guns he hastened up 
the valley to give protection to the settlers families, 

17 Angell had formerly resided at Oregon City. He removed to Rogue 
River Valley, participated in the Indian wars, and was killed by the savages 
of Rogue River in 1855. He was regarded as a good man and a useful citi 
zen. His only son made his residence at Portland. Lanes Autobiography, 
MS., 107. 



244 PLAUSIBLE PACIFICATION. 

leaving a minority of the volunteers to engage the 
Indians from the north side should they attempt to 
cross the river. 18 

The fighting lasted but a short time. The Indians 
made a charge with the design of releasing Steele s 
prisoners, when they ran toward the river. One was 
shot before he reached it, the other as he came out of 
the water on the opposite bank. Sam then ordered 
a party of warriors to the south side to cut off Steele, 
but they were themselves surprised by a detachment 
of the volunteers, and several killed, 19 the remainder re 
treating. Only one white man was wounded, and he 
in one finger. The Indian agent had retired to his resi 
dence at the beginning of the fight. That same night 
information was received that during the holding of the 
council some Indians had gone to a bar down the 
river, and had surprised and killed a small company of 
miners. Lamerick at once made preparations to cross 
the river on the night of the 19th of July, and take 
his position in the pass between Table Rock and the 
river, while Steele s company moved at the same time 
farther up, to turn the Indians back on Lamerick s 
force in the morning. The movement was successful. 
Sam s people were surrounded, and the chief sued for 
peace on the terms first- offered, namely, that he should 
give up the murderers, asking that the agent be sent 
for to make a treaty. 

But Skinner, who had found himself ignored as 

18 Before we reached the place where the battle was going on, we met a 
large portion of the company coming from the battle as fast as their horses 
could run. The foremost man was Charley Johnson. He called to me to 
come with him. I said, "Have the Indians whipped you?" He said nothing, 
but kept on running, and crying, "Come this way." We wheeled, and went 
with the crowd, who went to the house of Dr Ambrose. The Indians had 
started toward the house, and it was supposed they meant to murder the 
family. CardweWs Emigrant Company, MS., 24, 

19 Steele says sixteen, including the prisoners. Cardwell states that many 
sprang into the water and were shot. Skinner gives the number as four; and 
states further that a man by the name of Steel, who pretended to^be the 
leader of the party from Shasta, was principally instrumental in causing the 
attack on the prisoners, which for a time produced general hostilities. U. S. 
Sen. Doc., i., 32d cong. 2d sess., vol. i. pt i. 457. CardweWs Emigrant Com 
pany r , MS., 25; California Star, Aug. 7, 1852. 






TRUCE AND REENFORCEMENT. 245 

maintainer of the peace, and was busy preparing for 
the defence of his house and property, was slow to 
respond to this request. A council was appointed for 
the next day. In the explanations which followed it 
was ascertained that Scar face had not been with Sam, 
but was hiding in the Salmon River mountains. The 
person pointed out as Scarface was Sullix of Tipso s 
band, who also had a face badly scarred. The real 
criminal was ultimately arrested, and hanged at Yreka. 
A treaty was agreed to by Sam requiring the Rogue 
River Indians to hold no communication with the 
Shastas. 20 For the remainder of the summer hostili 
ties on Rogue River were suspended, the Indian agent 
occasionally presenting Sam s band with a fat ox, find 
ing it easier and cheaper to purchase peace with beef 
than to let robberies go on, or to punish the robbers. 21 
Such was the condition of Indian affairs in the 
south of Oregon in the summer and autumn of 1852, 
when the superintendent received official notice that 
all the Indian treaties negotiated in Oregon had been 
ordered to lie upon the table in the senate; while 
he was instructed by the commissioner, until the 
general policy of the government should be more def 
initely understood, to enter into no more treaty stip 
ulations with them, except such as might be imperi 
ously required to preserve peace. 25 As if partially to 
avert the probable consequences to the people of Ore 
gon of this rejection of the treaties entered into be 
tween Governor Gaines, Superintendent Dart, and the 
Indians, there arrived at Vancouver, in September, 
268 men, rank and file, composing the skeleton of the 
4th regiment of infantry, under Lieutenant-colonel 
Bonneville. 23 It was now too late in the season for 

20 Sullix was badly wounded on the day of the battle. See CardweWs 
Emigrant Company, MS., 25-6. 

21 The expenses of Steele s expedition were $2,200, which were never reim 
bursed from any source. 

* z Letter of Anson Dart in Or. Statesman, Oct. 30, 1852. Dart resigned 
in December, his resignation to take effect the following June. 

^ 3 A large number of the 4th reg. had died on the Isthmus. Or. States 
man, Sept. 25, 1852. 



246 PLAUSIBLE PACIFICATION. 

troops to do more than go into winter quarters. The 
settlers and the emigration had defended themselves 
for another year without aid from the government, 
and the comments afterward made upon their manner 
of doing it, in the opinion of the volunteers came with 
a very ill grace from the officers of that government. 24 

24 Further details of this campaign are given in Lane s Autobiography, MS.; 
CardwelVs Emigrant Company, MS. ; and the files of the Oregon {Statesman. 



CHAPTER IX. 

SURVEYS AND TOWN-MAKING. 
1851-1853. 

PROPOSED TERRITORIAL DIVISION COAST SURVEY LIGHT-HOUSES ESTAB 
LISHED JAMES S. LAWSON His BIOGRAPHY, PUBLIC SERVICES, AND 
CONTRIBUTION TO HISTORY PROGRESS NORTH OF THE COLUMBIA SOUTH 
OF THE COLUMBIA BIRTH OF TOWNS CREATION OF COUNTIES PROPOSED 
NEW TERRITORY RIVER NAVIGATION IMPROVEMENTS AT THE CLACK- 
AMAS RAPIDS ON THE TUALATIN RIVER LA CREOLE RIVER BRIDGE- 
BUILDING WORK AT THE FALLS OF THE WILLAMETTE FRUIT CULTURE 
THE FIRST APPLES SENT TO CALIFORNIA AGRICULTURAL PROGRESS 
IMPORTS AND EXPORTS SOCIETY. 

A MOVEMENT was made north of the Columbia 
River in the spring of 1851, to divide Oregon, all 
that portion north and west of the Columbia to be 
erected into a new territory, with a separate govern 
ment a scheme which met with little opposition 
from the legislature of Oregon or from congress. 
Accordingly in March 1853 the separation was con 
summated. The reasons advanced were the alleged 
disadvantages to the Puget Sound region of unequal 
legislation, distance from the seat of government, 
and rivalry in commercial interests. North of the 
Columbia progress was slow from the beginning of 
American settlements in 1845 to 1850, when the 
Puget Sound region began to feel the effect of the 
California gold discoveries, with increased facilities 
for communication with the east. In answer to the 
oft-repeated prayers of the legislature of Oregon, 
that a survey might be made of the Pacific coast of 
the United States, a commission was appointed in 

( 247 ) 



248 SURVEYS AND TOWN-MAKING. 

November 1848, whose business it was to make an ex 
amination with reference to points of occupation for 
the security of trade and commerce, and for military 
and naval purposes. 

The commissioners were Brevet Colonel J. L. Smith, 
Major Cornelius A. Ogden, Lieutenant Danville Lead- 
better of the engineer corps of the United States army, 
and commanders Louis M. Goldsborough, G. J. Van 
Brunt, and Lieutenant Simon F. Blunt of the navy. 
They sailed from San Francisco in the government 
steam propeller Massachusetts, officered by Samuel 
Knox, lieutenant commanding, Isaac N. Briceland act 
ing lieutenant, and James H. Moore acting master, 
arriving in Puget Sound about the same time the 
Ewing reached the Columbia River in the spring of 
1850, and remaining in the sound until July. The 
commissioners reported in favor of light-houses at 
New Dungeness and Cape Flattery, or Tatooch Island, 
informing the government that traffic had much in 
creased in Oregon, and on the sound, it being their 
opinion that no spot on the globe offered equal facili 
ties for the lumber trade. 1 Shoalwater Bay was ex 
amined by Lieutenant Leadbetter, who gave his name 
to the southern side of the entrance, which is called 
Leadbetter Point. The Massachusetts visited the Co 
lumbia, and recommended Cape Disappointment on 
which to place a light-house. After this superficial 
reconnoissance, which terminated in July, the commis 
sioners returned to California. 

The length of time elapsing from the sailing of the 
commission from New York to its arrival on the North 
west Coast, with the complaints of the Oregon dele 
gate, caused the secretary of the treasury to request 
Professor A. D. Bache, superintendent of coast sur 
veys, to hasten operations in that quarter as much as 
possible; a request which led the latter to despatch a 
third party, in the spring of 1850, under Professor 
George Davidson, which arrived in California in June, 

1 Coast Survey, 1850, 127. 



DAVIDSON S SURVEY. 249 

and proceeded immediately to carry out the intentions 
of the government. 2 Being employed on the coast of 
southern California. Davidson did not reach Oregon 

7 c} 

till June 1851, when he completed the topographical 
surveys of Cape Disappointment, Point Adams, and 
Sand Island, at the entrance to the Columbia, and de 
parted southward, having time only to examine Port 
Orford harbor before the winter storms. It was not 
until July 1852 that a protracted and careful survey 
was begun by Davidson s party, when he returned in 
the steamer Active? Captain James Alden of the navy, 
to examine the shores of the Strait of Fuca and adja 
cent coasts, a work in which he was engaged for sev- 

. o o 

eral years, to his own credit and the advantage of the 
country. 4 For many years Captain Lawson has di 
rected his very valuable efforts to the region about 
Puget Sound. 5 

2 Davidson s party were all young men, anxious to distinguish themselves. 
They were A. M. Harrison, James S. Lawson, and John Rockwell. They 
sailed in the steamer Philadelphia, Capt. Robert Pearson, crossed the Isthmus, 
and took passage again on the Tennessee, Capt. Cole, for San Francisco. Law- 
son s Autobiography, MS., 5-18. 

3 The Active was the old steamer Gold Hunter rechristened. LawsorisAu- 
tobiograph;/, MS., 49. 

4 For biography, and further information concerning Prof. Davidson and 
his labors, see Hist. CaL, this series. 

James S. Lawson was born in Philadelphia, Feb. 13, 1828, was educated 
in the schools of that city, and while in the Central high school was a class 
mate of George Davidson, Prof. Bache being principal. Bache had formerly 
been president of Girard College, and still had charge of the magnetic obser 
vatory in the college grounds. The night observers were selected from the 
pupils of the high school, and of these Lawson was one, continuing to serve 
till the closing of the observatory in 1845. In that year Lawson was ap 
pointed second assistant teacher in the Catherine-street grammar school of 
Philadelphia, which position he held for one year, when he was offered a po 
sition in the Friends school at Wilmington, Delaware, under charge of Sam 
uel Allsoff. In January 1848 Lawson commenced duty as a clerk to Prof. 
Bache, then superintendent of the U. S. coast survey, remaining in that ca 
pacity until detached and ordered to join Davidson for the surveys on the 
Pacific coast in 1850. From the time of his arrival on the Pacific coast to the 
present, Capt. Lawson has been almost continuously engaged in the labor of 
making government surveys as an assistant of Prof. Davidson. Lawsoii s 
Autobiography, MS., 2. His work for a number of years has been chiefly in 
that portion of the original Oregon territory north of the Columbia and west 
of the Cascade Mountains, and his residence has been at Olympia, where his 
high character and scientific attainments have secured him the esteem of all, 
and in which quiet and beautiful little capital repose may be found from oc 
casional toil and exposure. Mr Harrison was, like Davidson and Lawson, a 
graduate of the Philadelphia Central school, and of the same class. 

This manuscript of Lawson s authorship is one of unusual value, contain- 



250 SURVEYS AND TOWX- MAKING. 

I have referred to the surveying expeditions in this 
place with the design, not only of bringing them into 
their proper sequence in point of time, but to make 
plain as I proceed correlative portions of my narra 
tive. 

Between 1846, the year following the first Ameri 
can settlements on Puget Sound, and 1848, popula 
tion did not much increase, nor was there any com 
merce to speak of with the outside world until the 
autumn of the last-named year, when the settlers 
discarded their shingle-making and their insignificant 
trade at Fort Nisqually, to open with their ox-teams 
a wagon road to the mines on the American River. 
The new movement revolutionized affairs. Not only 
was the precious dust now to be found in gratifying 
bulk in many odd receptacles never intended for such 
use in the cabins of squatters, but money, real hard 
coin, became once more familiar to fingers that had 
nearly forgotten the touch of the precious metals. 
In January 1850, some returning miners reached the 
Sound in the first American vessel entering those wa- 

o 

ters for the purposes of trade, and owned by a com 
pany of four of them. 6 This was the beginning of 
trade on Puget Sound, which had increased consider 
ably in 18523, owing to the demand for lumber in 
San Francisco. The towns of Olympia, Steilacoom, 
Alki, Seattle, and Port Townsend already enjoyed 
some of the advantages of commerce, though yet in 
their infancy. A town had been started on Baker 
Bay, which, however, had but a brief existence, and 
settlements had been made on Shoalwater Bay and 
Gray Harbor, as well as on the principal rivers enter 
ing them, and at Cowlitz Landing:. At the Cascades 

O O 

of the Columbia a town was surveyed in 1850, and 

ing, besides a history of the scientific work of the coast survey, many original 
scraps of history, biography, and anecdotes of persons met with in the early 
years of the service, both in Oregon and California. Published entire it would 
be read with interest. It is often a source of regret that the limits of my 
work, extended as it is, preclude the possibility of extracting all that is 
tempting in my manuscripts. 
6 See llist. Wash., this series. 



POPULATION. 251 

trading establishments located at the upper and lower 
falls; and in fact, the map of that portion of Oregon 
north of the Columbia had marked upon it in the 
spring of 1852 nearly every important point which is 
seen there to-day. 

Of the general condition of the country south of the 
Columbia at the period of the division, something may 
be here said, as I shall not again refer to it in a par 
ticular manner. The population, before the addition 
of the large immigration of 1852, was about twenty 
thousand, most of whom were scattered over the 
Willamette Valley upon farms. The rage for laying 
out towns, which was at its height from 1850 to 
1853, had a tendency to retard the growth of any 
one of them. 7 Oregon City, the oldest in the terri 
tory, had not much over one thousand inhabitants. 
Portland, by reason of its advantages for unloading 
shipping, had double that number. The other towns, 
Milwaukie, Salem, Corvallis, Albany, Eugene, Lafay 
ette, Dayton, and Hillsboro, and the newer ones in the 
southern valleys, could none of them count a thousand. 8 



7 Joel Palmer bought the claim of Andrew Smith, and founded the town 
of Dayton about 1850. Lafayette was the property of Joel Perkins, Cor- 
va lis of J. C. A very, Albany of the Monteith brothers, Eugene of Eugene 
Skinner, Cany on ville of Jesse Roberts, who sold it to Marks, Sideman & Co., 
who laid it out for a town. 

8 A town called Milwaukie was surveyed on the claim of Lot Whitcomb. 
It contained 500 inhabitants in the autumn of 1850, more than it had thirty 
years later. Or. Spectator, Nov. 28, 1850. Deady, in Overland Monthly, i. 37. 
Os\vego, on the west bank of the Willamette, later famous for its iron-works, 
was laid out about the same time, but never had the population of Milwaukie, 
of which it was the rival. Dallas, in Polk county, was founded in 1852. 
St Helen, on the Columbia, was competing for the advantage of being the 
seaport of Oregon, and the Pacific Mail Steamship Company had decreed 
that so it should be, when the remonstrances, if not the sinister acts, of 
Portland men effected the ruin of ambitious hopes. St Helen was on the 
land claim of H. M. Knighton, an immigrant of 1845, and had an excellent 
situation. Wevd\< Queen Charlotte IL Exp., MS., 7. Milton and St Helen, 
one and ;i half miles apart, on the Columbia, had each 20 or 25 houses. . . . 
Gray, a Dane, was the chief founder of St Helen. Saint- Amant, Voyages 
en Cal. ct Or. , 368-9, 378. It was surveyed and marked out in lots and blocks 
by P. W. Crawford, assisted by W. H. Tappan, and afterward mapped by 
Joseph Trutch, later of Victoria, B. C. A road was laid out to the Tualatin 
plains, and a railroad projected ; the steamship company erected a wharf wilh 
.Other improvements. But meetings were held in Portland to prevent the 



252 SURVEYS AND TOWN-MAKING. 

Some ambitious persons attempted to get a county 
organization for the country east of the Cascade 
Mountains in the winter of 1852-3, to which the leg- 

O 

stopping of the steamers below that town, and successive fires destroyed the 
company s improvements at St Helen, compelling their vessels to go to the 
former place. 

Milton, another candidate for favor, was situated on Scappoose Bay, an 
arm of the Willamette, just above St Helen. It was founded by sea cap 
tains Nathan Crosby and Thomas H. Smith, who purchased the Hunsaker 
mills on Milton Creek, where they made lumber to load the bark Louisiana, 
which they owned. They also opened a store there, and assisted in building 
the road to the Tualatin plains. Several sea-going men invested in lots, and 
business for a time was brisk. But all their brilliant hopes were destined to 
destruction, for there came a summer flood which swept the town away. 
Captains Drew, Menzies, Pope, and Williams were interested in Milton. 
Crawford s Nar., MS., 223. Among the settlers in the vicinity of St Helen 
and Milton was Capt. F. A. Lemont, of Bath, Maine, who as a sailor accom 
panied Capt. Dominis when he entered the Columbia in 1829-30. He was after 
ward on Wyeth s vessel, the May Dacre, which was in the river in 1834. Re 
turning to Oregon after having been master of several vessels, he settled at 
St Helen in 1850, where he still resides. Of the early residents Lemon t has 
furnished me the following list from memory: Benjamin Durell, Witherell, W. 
H. Tappan, Joseph Trutch, John Trutch, L. C. Gray, Aaron Broyles, James 
G. Hunter, Dr Adlum, Hiram Field, Seth Pope, John Dodge, George Thing, 
William English, William Hazard, Benjamin Teal, B. Conley, William 
Meeker, Charles H. Reed, Joseph Caples, Joseph Cunningham, A. E. Clark, 
Robert Germain, G. W. Veasie, C. Carpenter, J. Carpenter, Lockwood, Lit 
tle, Tripp, Berry, Dunn, Burrows, Fiske, Layton, Kearns, Holly, Maybee, 
Archilles, Cortland, and Atwood, with others. Knighton, the owner of St 
Helen, is pronounced by Crawford a presumptuous man, because while 
knowing nothing about navigation, as Crawford affirms, he undertook to 
pilot the SUvie de Grasse to Astoria, running her upon the rock where she 
was spitted. He subsequently sailed a vessel to China, and finally engaged 
as a captain on the Willamette. Knighton died at The Dalles about 1864. 
His wife was Elizabeth Martin of Yamhill county. He left several children 
in Washington. 

Westport, on the Columbia, thirty miles above Astoria, was settled by 
John West in 1851; and Rainier, opposite the Cowlitz, by Charles E. Fox in 
the same year. It served for several years as a distributing point for mail 
and passengers to and from Puget Sound. Frank Warreii, A. Harper and 
brother, and William C. Moody were among the residents at Rainier. Craw 
ford s Nar., MS., 260. At or near The Dalles there had been a solitary set 
tler ever since the close of the Cayuse war; and also a settler named Tomlin- 
son, and two Frenchmen on farms in Tygh Valley, fifty miles or more south of 
The Dalles. These pioneers of eastern Oregon, after the missionaries, made 
money as well as a good living, by trading in cattle and horses with emi 
grants and Indians, which they sold to the miners in California. After the 
establishment of a military post at The Dalles, it required a government 
license, issued by the sup. of Indian affairs, to trade anywhere above the 
Cascades, and a special permission from the commander of the post to trade 
at this point. John C. Bell of Salem was the first trader at The Dalles, as 
he was sutler for the army at The Dalles in 1850. When the rifle regiment 
were ordered away, Bell sold to William Gibson, who then became sutler. 
In 1851 A. McKinlay & Co., of Oregon City, obtained permission to estab 
lish a trading post at The Dalles, and building a cabin they placed it in 
charge of Perrin Whitman. In 1852, they erected a frame building west of 
the present Umatilla House, which they used as a store, but sold the follow 
ing year to Simms and Humason. W. C. Laughlin took a land claim thia 



COUNTY ORGANIZATION. 253 

islature would have consented if they had agreed to 
have the new county attached to Clarke for judicial 
purposes; but this being objected to, and the popula 
tion being scarce, the legislature declined to create 
the county, which was however established in Janu 
ary 1854, and called Wasco. 9 In the matter of other 
/ 

county organizations south of the Columbia, the leg 
islature was ready to grant all petitions if not to an 
ticipate them. In 1852-3 it created Jackson, includ- 

year and built a house upon it. A Mr Bigelow brought a small stock of 
goods to The Dalles, chiefly groceries and liquors, and built a store the fol 
lowing year; and William Gibson moved his store from the garrison grounds 
to the town outside. It was subsequently purchased by Victor Trevitt, who 
kept a saloon called the Mount Hood. 

In the autumn of 1852, companies K and I of the 4th inf. reg., under 
Capt. Alvord, relieved the little squad of artillery men who had garrisoned 
the post since the departure of the rifle regiment. It was the post which 
formed the nucleus of trade and business at The Dalles, and which made it 
necessary to improve the means of transportation, that the government sup 
plies might be more easily and rapidly conveyed. The immigration of 18o2 
were not blind to the advantages of the location, and a number of claims 
were taken on the small streams in the neighborhood of The Dalles. Ru 
mors of gold discoveries in the Cascade Mountains north of the Columbia 
River were current about this time. H. P. Isaacs of Walla Walla, who is 
the author of an intelligent account of the development of eastern Oregon 
and Washington, entitled The Upper Columbia Basin, MS., relates that a 
Klikitat found and gave to a Frenchman a piece of gold quartz, which being 
exhibited at Oregon City induced him to go with the Indian in the spring of 
1853 to look for it. But the Klikitat either could not or would not find the 
place, and Isaacs went to trade with the immigrants at Fort Bois6, putting a 
ferry across Snake River in the summer of that year, but returning to The 
Dalles, where he remained until 18G3, when he removed to the Walla Walla 
Valley and put up a grist mill, and assisted in various ways to improve that 
section. Isaacs married a daughter of James Fulton of The Dalles, of 
whom I have already made mention. A store was kept in The Dalles by L. 
J. Henderson and Shang, in a canvas house. They built a log house the 
next year. Tompkins opened a hotel in a building put up by McKinlay & 
Co. Forman built a blacksmith shop, and Lieut. Forsyth erected a two- 
story frame house, which was occupied the next year as a hotel by Gates. 
Cushing and Low soon put up another log store, and J ames McAuliff a third. 
Dal eft Mountaineer, May 28, 1869. 

9 Or. Jour. Council, 1852-3, 90; Gen. Laws Or., 544. The establishment 
of Wasco county was opposed by Major Rains of the 4th infantry stationed 
at Fort Dalles in the winter of 1853-4. He said that Wasco county was the 
largest ever known, though it had but about thirty-five white inhabitants, 
and these claimed a right to locate where they chose, in accordance with the 
act of Sept. 27, 1850. Or. Jour. Council, 1853-4, app. 49-50; U. S. Sen. Doc. 
16, vol. vi. 16-17, 33d cong. 2d sess. Rains reported to Washington, which 
frustrated for a time the efforts of Lane to get a bill through congress regu 
lating bounty warrants in Oregon, it being feared that some of them might 
be located in Wasco county. Or. Statesman, March 20, 1855; Cong. Globe, 
33d cong. 2d sess., 490. Wm C. Laughlin, Warren Keith, and John Tomp 
kins were appointed commissioners, J. A. Simms sheriff, and Justin Chen- 
oweth, judge. 



254 SURVEYS AND TOWN-MAKING. 

ing the valley of Rogue River and the country west 
of it to the Pacific. At the session of 1853, it created 
Coos county from the western portion of Jackson, 
Tillamook from the western part of YamhilJ, and 
Columbia from the northern end of Washington coun 
ty. The county seat of Douglas was changed from 
Winchester to Roseburg by election, according to an 
act of the legislature. 

o 

The creation of new counties and the loss of those 
north of the Columbia called for another census, and 
the redistricting of the territory of Oregon, with the 
reapportionment of members of the legislative assem 
bly, which consisted under the new arrangement of 
thirty members. The first judicial district was made 
to comprise Marion, Linn, Lane, Benton, and Polk, 
and was assigned to Judge Williams. The second 
district, consisting of Washington, Clackamas, Yam- 
hill, and Columbia, to Judge Olney; while the third, 
comprising Umpqua, Douglas, Jackson, and Coos, 
was given to McFadden, who held it for one term 
only, when Deady was reinstated. 

Notwithstanding the Indian disturbances in south- 

o 

ern Oregon, its growth continued to be rapid. The 
shifting nature of the population may be inferred from 
fact that to Jackson county was apportioned four rep 
resentatives, while Marion, Washington, and Clacka 
mas were each allowed but three. 1( 

A scheme was put on foot to form a new territory 
out of the southern countries with a portion of north 
ern California, the movement originating at Yreka, 
where it was advocated by the Mountain Herald. A 
meeting was held at Jacksonville January 7, 1854, 
which appointed a convention for the 25th. Memo 
rials were drafted to congress and the Oregon and 
California legislatures. The proceedings of the con 
vention were published in the leading journals of the 
coast, but the project received no encouragement from 

10 Or. Statesman, Feb. 14, 1854. 



STEAMERS OX THE WILLAMETTE. 255 

legislators, nor did Lane lend himself to the scheme 

o 

farther than to present the memorial to congress. 11 
On the contrary, he wrote to the Jacksonville malecon- 
tents that he could not approve of their action, which 
would, as he could easily discern, delay the admission 
of Oregon as a state, a consummation wished for by 
his supporters, to whom he essayed to add the demo 
crats of southern Oregon. Nothing further was 
thenceforward heard of the projected new territory. 12 

Nothing was more indicative of the change taking 
place with the introduction of gold than the improve 
ment in the means of transportation on the Willamette 
and Columbia rivers, which was now performed by 
steamboats. 13 

11 U. S. 77. Jour., 609, 33d cong. 1st sess. 

la The Oregon men known to have been connected with this movement 
were Samuel Culver, T. McFaclden Patton, L. F. Mosher. D. M. Kenny, S. 
Ettlinger, Jesse Richardson, W. W. Fowler, C. Sims, Anthony Little, S. C. 
Craves, W. Burt, George Dart, A. Mclntire, G. L. Snelling, C. S. Drew, 
John E. Ross, Richard Dugan, Martin Angell, and J. A. Lupton. Those 
from the south side of the Siskiyou Mountains were E. Steele, H. G. Ferris, 
C. N. Thornbury, E. J. Curtis, E. Moore, 0. Wheelock, and J. Darrough. 
Or. Statesman, Feb. 7 and 28, 1854. 

13 The first steamboat built to run upon these waters was called the Colum 
bia. She was an oddly shaped and clumsy craft, being a double-ender, like a 
ferry-boat. Her machinery was purchased in California by James Frost, one 
of the followers of the rifle regiment, who brought it to Astoria, where his 
boat was built. Frost was sutler to the regiment in which his brother was 
quartermaster. He returned to Missouri, and in the civil war held a com 
mand in the rebellious militia of that state. His home was afterward in St 
Louis. Dead}/, in Mc.Crackeiis Portland, MS., 7. It was a slo\r boat, taking 
20 hours from Astoria to Oregon City, to which point she made her first voy 
age July 4, 1850. S. F. Pac. Ncivs, May 11, July 24, and Aug. 1, 1850; S. 
F. Herald, July 24, 1850; Portland Standard, July 8, 1879. 

The second venture in steam navigation was the Lot Whitcomb of Oregon, 
named after her owner, built at Milwaukie, and launched with much cere 
mony on Christmas, 1850. She began running in March following. The 
name was selected by a committee nominated in a public meeting held for the 
purpose, W. K. Kilborn in the chair, and A. Bush secretary. The commit 
tee, A. L. Lovejoy, Hector Campbell, W. W. Buck, Capt. Kilborn, and Gov 
ernor Gaines, decided to give her the name of her owner, who was presented 
with a handsome suit of colors by Kilborn, Lovejoy, and N. Ford for the 
meeting. Or. Spectator, Dec. 12, 1850, and June 27, 1851. She was built by 
a regular ship-builder, named Hanscombe, her machinery being purchased in 
San Francisco. Dcady s Hist. Or., MS., 21; McCrackeris Portland, MS., 11; 
Lrtrjffit Port Townsend, MS., 22; Sacramento Transcript, June 29, 1850; 
O> < rkind Monthly, i. 37. In the summer of 1853 the Whitcomb was sold to 
a California company for $50,000, just $42.000 more than she cost. The Lot 
Whitcomb was greatly superior to the first steamer. Both obtained large 
prices for carrying passengers and freight, and for towing sailing vessels on 



256 SURVEYS AND TOWN-MAKING. 

The navigation of the Willamette was much im 
peded by rocks and rapids. On the Clackamas rapids 
below Oregon City, thirty thousand dollars was ex 
pended in removing obstructions to steamers, and the 
channel was also cleared to Salem in 1852. The 
Tualatin River was made navigable for some distance 
by private enterprise. A canal was made to connect 

the Columbia. McCracken says he paid two ounces of gold-dust for a pas 
sage on the Columbia from Astoria to Portland which lasted two days, sleep 
ing on the upper deck, the steamer having a great many on board. Portland, 
MS., 4. When the Whitcomb began running the fare was reduced to 15. 
John McCracken came to Oregon from California, where he had been in mer 
cantile pursuits at Stockton, in November 1849. He began business in 
Oregon City in 1850, selling liquors, and was interested in the Island mill. 
He subsequently removed to Portland, where he became a large owner in 
shipping, steamboats, and merchandising. His wife was a daughter of Dr 
Barclay of Oregon Citj^, formerly of the H. B. Co. 

From the summer of 1851, steamboats multiplied, though the fashion of 
them was not very commodious, nor were they elegant in their appointment, 
but they served the purpose, for which they were introduced, of expediting 
travel. 

The third river steamboat was the Black Hawk, a small iron propeller 
brought out from New York, and run between Portland and Oregon City, the 
Lot Whitcomb being too deep to get over the Clackamas rapids. The Wil 
lamette, a steam schooner belonging to Howland and Aspinwall, arrived in 
March 1853, by sailing vessel, being put together on the upper Willamette, 
finished in the autumn, and run for a season, after which she was brought 
over the falls, and used to carry the mail from Astoria to Portland; but the 
arrival of the steamship Columbia, which went to Portland with the mails, 
rendered her services unnecessary, and she was sold to a company composed 
of Murray, Hoyt, Breck, and others, who took her to California, where she 
ran as an opposition boat on the Sacramento, and was finally sold to the Cali 
fornia Steam Navigation Company. The Willamette was a side-wheel steamer 
and finished in fine style, but not adapted to the navigation of the Willam 
ette River. Athey s Workshops, MS., 5; Or. Spectator, Sept. 30, 1851. The 
Hoosier, built to run on the upper river, was finished in May 1851, and the 
Yamhill in August. In the autumn of the same year a small iron steamer, 
called the Bully Washington, was placed on the lower river. This boat was 
subsequently taken to the Umpqua, where she ran until a better one, the 
Hinsdale, owned by Hinsdale and Lane, was built. The Atultnomah was also 
built this year, followed by the Gazelle, in 1852, handsomely finished, for 
the upper river trade. She ran a few months and blew up, killing two per 
sons and injuring others. The Castle and the Oregon were also running at 
this time. On the Upper Columbia, between the Cascades and The Dalles, 
the steamer James P. Flint was put on in the autumn of 1851. She was 
owned by D. F. Bradford and others. She struck a rock and sunk while 
bringing down the immigration of 1852, but was raised and repaired. She 
was commanded by Van Berger, mate J. W. Watkins. Dalles Mountaineer, 
May 28, 1SG9. 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^Wells and Williams. The Eanle was brought to Oregon by John Irving, 
who died in Victoria in 1874. The Fashion ran to the Cascades to connect 
with the Flint. Further facts concerning the history of steamboating will be 
brought out in another part of this work, this brief abstract being intended 
only to show the progress made from 1850 to 1853. 



PROSPEROUS FARMING. 257 

La Creole River with the Willamette. The Yamhill 
River was spanned at Lafayette with a strong double- 
track bridge placed on abutments of hewn timber, 
bolted and filled with earth, and raised fifty feet 
above low water. 14 This was the first structure of 
the kind in the country. The Rockville Canal and 
Transportation Company was incorporated in Febru 
ary 1853, for the purpose of constructing a basin or 
breakwater with a canal at and around the falls of the 
Willamette, which work was completed by December 
1854, greatly increasing the comfort of travel by 
avoiding the portage. 15 

In 1851 the fruit trees set out in 1847 began to 
bear, so that a limited supply of fruit was furnished 
the home market; 16 and two years later a shipment 
was made out of the territory by Meek and Luell- 
ing, of Milwaukie, who sold four bushels of apples in 
San Francisco for five hundred dollars. The following 
year they sent forty bushels to the same market, 
which brought twenty-five hundred dollars. In 1861 
the shipment of apples from Oregon amounted to over 
seventy-five thousand bushels; 17 but they no longer 

U 0r. Statesman, Sept. 23, 1851. 

15 Id,, Feb. 26, 1853. Deady gives some account of this important work 
in his Hist. Or., MS., 28. A man named Page from California, representing 
capital in that state, procured the passage of the act of incorporation. The 
project was to build a basin on the west side of the river above the falls, with 
mills, and hoisting works to lift goods above the falls, and deposit them in 
the basin, instead of wagoning them a mile or more as had been done. They 
constructed the basin, and erected mills at its lower edge. The hoisting 
\\orks were made with ropes, wheels, and cages, in which passsengers and 
goods were lifted up. Page was killed by the explosion of the Gazelle, owned 
by the company, after which the enterprise went to pieces through suits 
brought against the company by employe s, and the property fell into the 
hands of Kelley, one of the lawyers, and Robert Pentland. In the winter of 
1SGO-1, the mills and all were destroyed by fire, when works of a similar 
nature were commenced on the east side of the river, where they remained 
until the completion of the canal and locks on the west side, of a recent date. 

16 On McCarver s farm, one mile east of Oregon City, was an orchard of 
15 acres containing 200 apple-trees, and large members of pears, plums, apri 
cots, cherries, nectarines, and small fruits. It yielded this year 15 bushels of 
currants, and a full crop of the above-named fruits. Or. Statesman, July 29, 
1851. In 1852, R. C. Geer advertised his nursery as containing 42 varieties 
of apples, 15 of pears, 5 of peaches, and G of cherries. Thomas Cox raised 
a Rhode Island greening 12J inches in circumference, a good size for a young 
tree. Id., Dec. 18, 1852. 

17 Id., Sept. 22, 1862; Oregonian, July 15, 1862; Overland Monthly, i. 39. 

HIST. OB., VOL. II. 17 



258 SURVEYS AND TOWN-MAKING. 

were worth their weight in gold. The productiveness 
of the country in every way was well established be 
fore 1853, as may be seen in the frequent allusions to 
extraordinary growth and yield. 18 If the farmer was 
not comfortable and happy in the period between 1850 
and 1860, it was because he had not in him the ca 
pacity for enjoying the bounty of unspoiled nature, 
and the good fortune of a ready market; and yet 
some there were who in the midst of affluence lived 
like the starveling peasantry of other countries, from 
simple indifference to the advantages of comfort in 
their surroundings. 19 

The imports in 1852-3, according to the commerce 
and navigation reports, amounted to about $84,000, 
but were probably more than that. Direct trade 
with China was begun in 1851, the brig Amazon 
bringing a cargo of tea, coffee, sugar, syrup, and 
other articles from Whampoa to Portland, consigned 
to Norris and Company. The same year the schooner 
John Alley ne brought a cargo of Sandwich Islands 
products consigned to Allen McKinlay and Company 
of Oregon City, but nothing like a regular trade with 
foreign ports was established for several years later, 
and the exports generally went no farther than San 
Francisco. Farming machinery did not begin to be 
introduced till 1852, the first reaper brought to Ore 
gon being a McCormick, which found general use 
throughout the territory. 20 As might be expected, 
society improved in its outward manifestations, and 
the rising generation were permitted to enjoy privi- 

18 One bunch of 257 stalks of wheat from Geer s farm, Marion county, av 
eraged 60 grains to the head. On Hubbard s farm in Yamhill, one head of 
timothy measured 14 inches. Oats on McVicker s farm in Clackamas stood 
over 8 feet in height. In the Cowlitz Valley one hill of potatoes weighed 
53 pounds and another 40. Two turnips would fill a half-bushel measure. 
Tolmie, at Nisqually, raised an onion that weighed a pound and ten ounces. 
Columbian, Nov. 18, 1851. The troops at Steilacoom raised on 12 acres of 
ground 5,000 bushels of potatoes, some of which weighed two pounds each. 
Or. Spectator, Nov. 18, 1851. 

De Bow s Encyd., xiv. 603-4; Fisher and Colby s Am. Statistics, 429-30. 

20 Or. Statesman, July 24, 1852. 



TRADE AND SOCIETY. 259 

leges which their parents had only dreamed of when 
they set their faces toward the far Pacific the priv 
ileges of education, travel, and intercourse with older 
countries, as well as ease and plenty in their Oregon 
homes. 21 And yet this was only the beginning of the 
end at which the descendants of the pioneers were 
entitled by the endurance of their fathers to arrive. 

21 The 7th U. S. census taken in 1850 shows the following nativities for Or 
egon: Missouri, 2,206; Illinois, 1,023; Kentucky, over 700; Indiana, over 700; 
Ohio, over 600; New York, over 600; Virginia, over 400; Tennessee, over 400; 
Iowa, over 400; Pennsylvania, over 300; North Carolina, over 200; Massachu 
setts, 187; Maine, 129; Vermont, 111; Connecticut, 72; Maryland, 73; Arkan 
sas, 61; New Jersey, 69; and in all the other states less than 50 each, the 
smallest number being from Florida. The total foreign population was 1,159, 
300 of whom were natives of British America, 207 English, about 200 Irish, 
over 100 Scotch, and 150 German. The others were scattering, the greatest 
number from any other foreign country being 45 from France; unknown, 143; 
in all 13,043. Abstract of the 7th Census, 16; Moseley s Or., 1850-75, 93; 
De Bow s EncycL, xiv. 591-600. These are those who are more strictly 
classed as pioneers; those who came after them, from 1850 to 1853, though 
assisting so much, as I have shown, in the development of the territory, were 
only pioneers in certain things, and not pioneers in the larger sense. 



CHAPTER X. 

LAND LAWS AND LAND TITLES. 
1851-1855. 

THE DONATION LAW ITS PROVISIONS AND WORKINGS ATTITUDE OF CON 
GRESS POWERS OF THE PROVISIONAL GOVERNMENT QUALIFICATION OF 
VOTERS SURVEYS RIGHTS OF WOMEN AND CHILDREN AMEND 
MENTS PREEMPTION PRIVILEGES DUTIES OF THE SURVEYOR GENERAL 
CLAIMANTS TO LANDS OF THE HUDSON S BAY AND PUGET SOUND COM 
PANIES MISSION CLAIMS METHODISTS, PRESBYTERIANS, AND CATHO 
LICS PROMINENT LAND CASES LITIGATION IN REGARD TO THE SITE OF 
PORTLAND THE RIGHTS OF SETTLERS THE CARUTHERS CLAIM THE 
DALLES TOWN-SITE CLAIM PRETENSIONS OF THE METHODISTS CLAIMS 
OF THE CATHOLICS ADVANTAGES AND DISADVANTAGES OF THE DONATION 
SYSTEM. 

A SUBJECT which was regarded as of the highest 
importance after the passage of the donation act of 
September 27, 1850, was the proper construction of 
the law as applied to land claims under a variety of 
circumstances. A large amount of land, including 
the better portions of the Willamette Valley, had 
been taken, occupied, and to some extent improved 
under the provisional government, and its land law; 
the latter having undergone several changes to adapt 
it to the convenience and best interests of the people, 
as I have noted elsewhere. 

The provisional legislative assemblies had several 
times memorialized congress on the subject of con 
firming their acts, on establishing a territorial gov 
ernment in Oregon, chief!} 7 with regard to preserving 
the land law intact. Their petition was granted with 
regard to every other legislative enactment excepting 
that affecting the titles to lands; and with regard to 

(260) 



DONATION LAW. 261 

this, the organic act expressly said that all laws pre 
viously passed in any way affecting the title to lands 
should be null and void, and the legislative assembly 
should be prohibited from passing any laws interfer 
ing with the primary disposal of the soil which be 
longed to the United States. The first section of 

o 

that act, however, made an absolute grant to the mis 
sionary stations then occupied, of 640 acres, with the 
improvements thereon. 

Thus while the missionary stations, if there were 
any within the meaning of the act of that time, had 
an incontrovertible right and title, the settlers, whose 
means were often all in their claims, had none what 
ever; and in this condition they were kept for a 
period of two years, or until the autumn of 1850, 
when their rights revived under the donation law, 
whose beneficent provisions all recognized. 

This law, which I have not yet fully reviewed, pro 
vided in the first place for the survey of the public 
lands in Oregon. It then proceeded to grant to every 
white settler or occupant of the public lands, Ameri 
can half-breeds included, over eighteen years of age, 
and a citizen of the United States, or having declared 
his intention according to law of becoming such, or 
who should make such declaration on or before the 
first day of December 1851, then residing in the ter 
ritory, or becoming a resident before December 1850 
a provision made to include the immigration of that 
year 640 acres to a married man, half of which was 
to belong to his wife in her own right, and 320 acres 
to a single man, or if he should become married within 
a year from the 1st of December 1850, 320 more to 
his wife, no patents to issue until after a four years 
residence. 

At this point for the first time the act took cog 
nizance of the provisional law making the surviving 
children or heirs of claimants under that law the le 
gal heirs also under the donation law; this provision 
applying as well to the heirs of aliens who had de- 



262 LAND LAWS AND LAND TITLES. 

clared their intention to become naturalized citizens 
of the United States, but who died before completing 
their naturalization, as to native-born citizens. The 
several provisos to this part of the land law declared 
that the donation should embrace the land actually 
occupied and cultivated by the settler thereon; that 
all sales of land made before the issuance of patents 
should be void ; and lastly, that those claiming under 
the treaty with Great Britain could not claim under 
the donation act. 

Then came another class of beneficiaries. All white 
male citizens of the United States, or persons who 
should have made a declaration of their intention to 
become such, above twenty-one years of age, and emi 
grating to and settling in Oregon after December 1, 
1850, and before December 1, 1853, and all white male 
American citizens not before provided for who should 
become twenty-one years of age in the territory be 
tween December 1851 and December 1853, and who 
should comply with the requirements of the law as 
already stated, should each receive, if single, 160 acres 
of land, and if married another 160 to his wife, in her 
own right; or if becoming married within a year after 
his arrival in the territory, or one year after becoming 
twenty-one, the same. These were the conditions of 
the gifts in respect of qualifications and time. 

But further, the law required the settler to notify 
the surveyor general within three months after the 
survey had been made, where his claim was located; 
or if the settlement should commence after the survey, 
then three months after making his claim; and the 
law required all claims after December 1, 1850, to be 
bounded by lines running east and west and north 
and south, and to be taken in compact form. Proof 
of having commenced settlement arid cultivation had 
to be made to the surveyor general within twelve 
months after the survey or after settlement. All these 
terms being complied with, at any time after the expira 
tion of four years from date of settlement the sur- 



CONDITIONS AND QUESTIONS. 263 

veyor general might issue a certificate, when, upon 
the proof being complete, a patent would issue from 
the commissioner of the general land office to the 
holder of the claims. The surveyor general was fur 
nished Avith judicial power to judge of all questions 
arising under the act; but his judgment was not ne 
cessarily final, being preliminary only to a final decision 
according to the laws of the territory. These were 
the principal features of the donation law. 1 

In order to be able to settle the various questions 
which might arise, it was necessary first to decide what 
constituted naturalization, or how it was impaired. 
The first case which came up for consideration was 
that of John McLoughlin, the principal features of 
which have been given in the history of the Oregon 
City claim. It was sought in this case to show a 
flaw in the proceedings on account of the imperfect 
organization of the courts. In the discussion which 
followed, and for which Thurston had sought to pre 
pare himself by procuring legal opinions beforehand, 
considerable alarm was felt among other aliens. S. M. 
Holderness applied to Judge Pratt, then the only dis 
trict judge in the territory, on the 17th of May 1850, 
to know if the proceedings were good in his case, as 
many others were similarly situated, and it was im 
portant to have a precedent established. 

Pratt gave it as his opinion that the Clackamas 
county circuit court, as it existed on the 27th of 
March 1849, was a competent court, within the mean 
ing of the naturalization laws, in which a declaration 
of intention by an alien could be legally made as a 
preparatory step to becoming a citizen of the United 
States; the naturalization power being vested in con 
gress, which had provided that application might be 
made to any circuit, district, or territorial court, or to 
any state court which was a court of record, having a 

1 See U. S. II . Ex. Doc. ii., vol. ii. pt iii. 5-8, 32d cong. 1st sess. ; Deady s 
Or. Laws, 1845-04, 84-90; Deadtfs Or. Gen. Laws, 1843, 72, 63-75. 



264 LAND LAWS AND LAND TITLES. 

seal and clerk; and the declaration might be made 
before the clerk of one of the courts as well as before 
the court itself. The only question was whether the 
circuit court of Clackamas county, in the district of 
Oregon, was on the 24th of March, 1849, or about that 
time, a territorial court of the United States. 

Congress alone had authority to make all needful 
rules and regulations respecting the territory and 
other property of the United States, and that power 
was first exercised in Oregon, and an organized gov 
ernment given to it by the congressional act of Au 
gust 14, 1848. It went into effect, and the territory 
had a legal existence from and after its passage, and 
the laws of the United States were at the same time 
extended over the territory, amongst the others, that 
of the naturalization of aliens. But it was admitted 
that the benefits to be derived from proceedings un 
der these laws would be practically valueless unless 
the machinery of justice was at the same time pro 
vided to aid in their administration and enforcement. 
Congress had not omitted this; but there existed an 
extraordinary state of things in Oregon which made 
it unlike other territorial districts at the date of its 
organization. Unusual means had therefore been pro 
vided to meet the emergency. Without waiting to go 
through the ordinary routine of directing the electing 
of a legislative body to assemble and frame a code of 
statutes, laws were at once provided by the adoption 
of those already furnished to their hand by the neces 
sities of the late provisional government; and in ad 
dition to extending the laws of the United States 
over the territory, it was declared that the laws thus 
adopted should remain in force until modified or re 
pealed. Congress had thus made its own a system 
of laws which had been in use by the people before 
the territory had a legal existence. Among those 
laws was one creating and establishing certain courts 
of record in each county, known as circuit courts; and 
one of those courts composing the circuit was that of 



ATTITUDE OF CONGRESS. 265 

the county of Clackamas, which tribunal congress had 
adopted as a territorial court of the United States. 
The permanent judicial power provided for in the or 
ganic act was not in force, or had not superseded the 
temporary courts, because it had not at that time en 
tered upon the discharge of its duties, Chief Justice 
Bryant not assuming the judicial ermine in Oregon 
until the 23d of May 1849, the cases in question oc 
curring in March. 2 To the point attempted to be made 
later, that there had been no court because of -the ir 
regularity of the judges in convening it, he replied 
that the court itself did not cease to exist, after being 
established, because there was no judge to attend to 
its duties, the clerk continuing in office and in charge 
of the records. 3 



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

The opinion of the United States judges being 

2 In Pratt s opinion on the location of the seat of government, he reiterates 
this belief, and says that both he and Bryant held that no power existed by 
which the supreme court could be legally held before the seat of government 
was established. Or. Statesman, Jan. 6, 18.V2. According to this belief, the 
proceedings of the district courts were illegal for nearly two years. 

3 Or. Spectator, May 22, 1851. 



266 LAND LAWS AND LAND TITLES. 

asked, Strong replied to a letter of Thurston s, con 
firming the position taken by the delegate, that after 
the first election, until their naturalization was com 
pleted, no foreigner could be allowed to vote. 4 The 
inference was plain; if not allowed to vote, not a citi 
zen ; if not a citizen, not entitled to the benefits of the 
land law. Thurston also procured the expression of 
a similar opinion from the chairman of the judiciary 
of the house of representatives, and from the chairman 
of the committee on territories, which he had pub 
lished in the Spectator. Under these influences, the 
legislature of 1850-1 substantially reenacted the 
Iowa law adopted in 1849, but Deady succeeded in 
procuring the passage of a proviso giving foreigners 
who had resided in the country five years prior to that 
time, and who had declared, as most of them had, 
their intention of becoming citizens, a right to vote. 5 
The Thurston interest, asserting that congress had 
not intended to invest the foreign-born inhabitants of 
Oregon with the privileges of citizens, declared that 
it was not necessary that the oath to support the gov 
ernment of the United States and the organic act 
should be taken before a court of record, but might 
for such purpose be done before a common magistrate. 
Could they delude the ignorant into making this error, 
advantage could be taken of it to invalidate subsequent 
proceedings. But Pratt pointed out that while part 
of the proceedings, namely, the taking of the oath re 
quired, could have been done before a magistrate, the 
declaration of intention to become a citizen could only 
be made according to the form and before the court 
prescribed in the naturalization laws; and that the 
act of congress setting forth what was necessary to 
be done to become entitled to the right to vote at the 
first election in Oregon did not separate them from 

4 Or. Spectator, Nov. 28, 1850. 

5 Deady says he had a hard fight. The proviso was meant, and was 
understood to mean, the restoration to McLoughlin, and the British subjects 
who had always lived in the country, of the elective franchise. Hist. Or., MS., 
81. 



LEGISLATIVE ACTION. 267 

which it was plain that congress meant to confer upon 
the alien population of Oregon the privileges of citi 
zenship without delay, and to cement the population 
of the territory as it stood when it asked that its pro 
visional laws should be adopted. 

The meaning of the 5th section of the organic act 
should have been plain enough to any but prejudiced 
minds. In the first place, it required the voter to be 
a male above the age of twenty-one years, and a resi 
dent of the territory at the time of the passage of 
the act. The qualifications prescribed were, that he 
should be a citizen of the United States of that age, 
or that being twenty-one he should have declared on 
oath his intention to become a citizen, and have taken 
the oath to support the constitution of the United 
States and the provisions of the organic act. This 
gave him the right to vote at the first election, and 
made him eligible to office; but the qualifications of 
voters and office-holders at all subsequent elections 
should be prescribed by the legislative assembly. 
This did not mean that the legislature should enact 
laws contrary to this which admitted to citizenship all 
those who voted at the first election, by the very 
terms required, namely, to take the oath of allegiance 
and make a declaration of an intention to assume the 
duties of an American citizen; but that after having 
set out on its territorial career under these conditions, 
it could make such changes as were found necessary 
or desirable thereafter not in conflict with the organic 
act. The proof of this position is in the fact that 
after and not before giving the legislature the priv 
ilege, comes the proviso containing the prescribed 
qualifications of a voter which must go into the ter 
ritorial laws, the same being ^hose which entitled any 
white man to vote at the first election. Having once 
taken those obligations which were forever to make 
him a citizen of the United States by the organic 
act, the legislature had no right, though it exercised 
the assumed power, to disfranchise those who voted 



263 LAND LAWS AND LAND TITLES. 

at the first election. When in 1852-3 the legislature 
amended the laws regulating elections, it removed in 
a final manner the restrictions which the Thurston 
democracy had placed upon foreign-born residents of 
the country. By the new law all white male inhab 
itants over twenty-one years of age, having become 
naturalized, or having declared their intention to 
become citizens, and having resided six months in the 
territory, and in the county fifteen days next preced 
ing the election, were entitled to vote at any election 
in the territory. 

To return to the donation law and its construction. 
Persons could be found who were doubtful of the 
meaning of very common words when they came to 
see them in a congressional act, and who were unable 
to decide what settler or occupant meant, or how 
to construe improvement or possession. To help 
such as these, various legal opinions were submitted 
through the columns of newspapers; but it was gen 
erally found that a settler could be absent from his 
claim a great deal of his time, and that occupation 
and improvement were defined in accordance with the 
means and the convenience of the claimant. 6 

The survey or- general, who arrived in Oregon in 
time to begin the surveys of the public lands in Oc 
tober, 1851, had before him a difficult labor. 7 The 
survey of the Willamette meridian was begun at 

6 See Home Missionary, vol. 24, 156. Thornton held that there was such 
a thing as implied residence, and that a man might be a resident by the res 
idence of his agent; and cited Kent s Com., 77. Also that a claimant whose 
dwelling was not on the land, but who improved it by the application of his 
personal labor, or that of his hired man, or member of his family, could demand 
a patent at the expiration of four years. See opinion of J. Q. Thornton in 
Or. Spectator, Jan. 16, 1851. It is significant that in these discussions and 
opinions in which Thornton took a prominent part at the time, he laid no 
claim to the authorship of the land law. To do this was an afterthought. 
Mrs Udell, in her Bioyrophy of T/mrston, MS., 28, remarks upon this. 

Cong. Globe, app., 1852-3, vol. xxvii. 331, 32d cong. 2d sess.; U. S. 
IT. Ex. Doc. 2, vol. ii. ptiii. 5-8, 32d cong. 1st sess. The survey was con 
ducted on the method of base and meridian lines, and triangulations from 
fixed stations to all prominent objects within the range of the theodolite, by 
means of which relative distances were obtained, together with a general 
knowledge of the country, in advance of the linear surveys. Id. 



SETTLERS AND SURVEYS. 269 

the upper mouth of the Willamette River, and the 
base line 7f miles south, in order to avoid the Co 
lumbia River in extending the base line east to the 
Cascade Mountains. The intersection of the base 
and meridian lines was 3^ miles west of the Wil 
lamette. The reason given for fixing the point of 
beginning at this place was because the Indians were 
friendly on either side of the line for some distance 
north and south, and a survey in this locality would 
best accommodate the immediate wants of the set 
tlers. 8 But it was soon found that the nature of the 
country through which the initial lines were run 
would make it desirable in order to accommodate 
the settlers to change the field of operations to the 
inhabited valleys, 9 three fourths of the meridian 
line north of the base line passing through a coun 
try broken and heavily timbered. The base line 
east of the meridian to the summit of the Cascade 
Mountains also passed through a densely timbered 
country almost entirely unsettled. But on the west 
side of the meridian line were the Tualatin plains, 
this section of the country being first to be benefited 
by the survey. 

On the 5th of February, 1852, appeared the first 
notice to settlers of surveys that had been completed 
in certain townships, and that the surveyor general 
was prepared to receive the notifications of their re 
spective claims and to adjust the boundaries thereof, 
he being made the arbiter and register of all donation 
. claims. 1( At the same time settlers were advised 
that they must have their claims surveyed and cor- 

8 Reptof Preston In U. S. H. Ex. Doc. 52, 1851-2, v. 23, 31st cong. 1st 
Bess. It was done by Thurston s advice. See Cong. Globe, 1849-50, xxi. pt 
ii. 1077, 31st cong. 1st sess. 

9 William Ives was the contractor for the survey of the base line and Wil 
lamette meridian north of it; and James Freeman of the Willamette me 
ridian south of it, as far as the Umpqua Valley. 

"The first surveys advertised were of township 1 north, range 1 east; 
townships 7 and 8 south, range 1 west; and township 7 south, range 3 and 4 
vest. The oldest pa tents issued for donation claims are those in Washington 
county, unless the Oregon City lota may be older. See Or. Spectator, Feb. 
10, 1852. 



270 LAND LAWS AND LAND TITLES. 

ners established before the government survey was 
made, in order that they might be able to describe 
their boundaries by courses, distances, metes, and 
bounds, and to show where their lines intersected the 
government lines, claims being generally bounded 
according to the fancy or convenience of the owner, 
instead of by the rectangular method adopted in the 
public surveys. 

The privilege of retaining their claims as they had 
taken them was one that had been asked for by me 
morial, but which had not been granted without qual 
ification in the land law. Thurston had explained 
how the letter of the law was to be evaded, and had 
predicted that the surveyor general would be on the 
side of the people in this matter. 11 Preston, as had 
been foreseen, was lenient in allowing irregular boun 
daries; a map of that portion of Oregon covered by 
donation claims presenting a curious patchwork of 
parallelograms with angles obtuse, and triangles with 
angles of every degree. Another suggestion of the 
surveyor general was that settlers on filing their no 
tifications, elate of settlement, and making proof of 
citizenship, should state whether they were married; 15 
for in the settlement of Oregon and the history of 
its division among the inhabitants, marriage had been 
made to assume unusual importance. Contrary to all 
precedent, the women of this remote region were 
placed by congress in this respect upon an equality 
with the men- -it may be in acknowledgment of their 
having earned in the same manner and measure a right 
to be considered creditors of the government, or the 
men may have made this arrangement that they 
through their wives might control more land. It had, 
it is true, limited this equality to those who \vere mar 
ried, or had been married on starting for Oregon, 12 

1 Letter to the Electors of Orego??, 8. 

12 Portland Oregonian, Feb. 7, 1852. 

13 As respects grants of land, they will be placed upon the same footing 
as male citizens, provided that such widows were in this country before De- 



WOMEN AND CHILDREN. 271 

but it was upon the presumption that there were no 
unmarried women in Oregon, which was near the 
truth. Men took advantage of the law, and to be able 
to lord it over a mile square of land married girls no 
more than children, who as soon as they became wives 
were entitled to claim half a section in their own 
right; 14 and girls in order to have this right married 
without due consideration. 

Congress had indeed, in its effort to reward the set 
tlers of Oregon for Americanizing the Pacific coast, 
refused to consider the probable effects of its bounty 
upon the future of the country, though it was not un 
known what it might be. 15 The Oregon legislature, 
notwithstanding, continued to ask for additional grants 
and favors; first in 1851-2, that all white American 
women over eighteen years of age who were in the 
territory on the 1st of December 1850, not provided 
for in the donation act, should be given 320 acres of 
land; and to all white American women over twenty- 
one who had arrived in the territory or might arrive 
between the dates of December 1, 1850, and Decem 
ber 1, 1853, not provided for, 160 acres; no woman 
to receive more than one donation, or to receive a 
patent until she had resided four years in the terri 
tory. 

ty 

It was also asked that all orphan children of white 
parents, residing in the territory before the 1st of 
December, 1850, who did not inherit under the act/ 6 

cember 1, 1850, and are of American birth. Or. Spectator, May 8, 1851. 
Tlmrston in his Letter to the Electors remarks that this feature of the dona 
tion act was a popular one in congress, and that he thought it just. 

14 It has been decided that the words single man included an unmarried 
woman. 7 Wall., 219. See Deady s Gen. Laws Or., 1843-72. But I do not 
see how under that construction a woman could be prevented holding as a 
single man first and as a married woman afterward, because the patent to 
her husband, as a married man, would include 640 acres, 320 of which would 
be hers. 

15 They said it would be injurious to the country schools, by preventing 
the country from being thickly settled; that it would retard the agricultural 
growth of the country; and though it would meet the case of many deserv 
ing men, it would open the door to frauds and speculations by all means to 
be avoided. Thurston s Letter to the Electors of Ore</on, 8; Beadle s Undev. 
West, 762-3; Home, Missionary, vol. 26, p. 45. 

16 Those whose parents had died in Oregon before the passage of the law 



272 LAND LAWS AXD LAND TITLES. 

should be granted eighty acres each; and that all 
orphan children whose parents had died in coming to 
or after arriving in Oregon between 1850 and 1853 
should receive forty acres of land each. 17 

Neither of these petitions was granted 18 at the 
time, while many others were offered by resolution or 
otherwise. As the period was expiring when lands 
would be free, it began to be said that the time should 
be extended, even indefinitely, and that all lands 
should be free. 19 

There was never, in the history of the world, a 
better opportunity to test the doctrine of free land, 
nor anything that came so near realizing it as the set 
tlement of Oregon. Could the government have re 
stricted its donations to the actual cultivators of the 
soil, and the quantity to the reasonable requirements 
of the individual farmer, the experiment would have 
been complete. But since the donation was in the 
nature of a reward to all classes of emigrants alike, 
this could not be done, and the compensation had to 
be ample. 

Some persons found it a hardship to be restrained 
from selling their land for a period of four years, 
and preferred paying the minimum price of $1.25 an 
acre to waiting for the expiration of the full term. 
Accordingly, in February 1853, the donation law was 
so amended that the survey or -general might receive 

did not come under the requirements of the donation act; nor those whose 
parents had died upon the road to Oregon. As they could not inherit, a di 
rect grant was asked. 

17 Or. Statesman, Dec. 16, 1851. 

18 Heirs of settlers in Oregon who died prior to Sept. 27, 1850, cannot in 
herit or hold land by virtue of the residence and cultivation of their ances 
tors. Ford vs Kennedy, 1 Or. 166. The daughter of Jason Lee was portion 
less, while the children of later comers inherited. 

ia See Or. Statesman, Nov. 6, 1853. A resolution offered in the assembly 
of 1852-3 asked that the land east of the Cascade mountains should be im 
mediately surveyed, and sold at the minimum price, in quantities not exceed 
ing 640 acres to each purchaser; the money to be applied to the construction 
of that portion of the contemplated Pacific railroad west of the Rocky Moun 
tains. This was the first practical suggestion of the Oregon legislature con 
cerning the overland railroad, and appropriated all or nearly all the land in 
Oregon to the use of Oregon, the western portion except that north of the 
Columbia being to a great extent claimed. 



WORKINGS OF THE LAW. 273 

this money after two years of settlement in lieu of the 
remaining two years, the rights of the claimant in the 
event of his death to descend to his heirs at law as 
before. By the amendatory act, widows of men who 
had they lived would have been entitled to claim under 
the original act were granted all that their husbands 
would have been entitled to receive had they lived, 20 
and their heirs after them. 

By this act also the extent of all government res 
ervations was fixed. For magazines, arsenals, dock 
yards, and other public uses, except for forts, the 
amount of land was not to exceed twenty acres to 
each, or at one place, nor for forts more than 640 
acres. 23 If in the judgment of the president it should 
be necessary to include in any reservation the improve 
ments of a settler, their value should be ascertained 
and paid. The time fixed by this act for the expira 
tion of the privileges of the donation law was April 
1855, when all the surveyed public lands left unclaimed 
should be subject to public sale or private entry, the 
same as the other public lands of the United States. 

The land law of Oregon was again amended in July 

1854, in anticipation of the coming into market of the 
public lands, by extending to Oregon and Washington 
the preemption privilege granted September 4, 1841, 
to the people of the territories, to apply to any un 
claimed lands, whether surveyed or not. For the 
convenience of the later settlers, the time for giving 
notice to the surveyor general of the time and place 
of settlement was once more extended to December 

1855, or the last moment before the public lands be 
came salable. The act of 1854 declared that the do 
nations thereafter should in no case include a town 
site or lands settled upon for purposes of business or 

20 See previous note 13. The surveyor general had before so construed the 
law. 

21 This was a great relief to the immigration at The Dalles, where the mil 
itary had taken up ten miles square of land, thereby greatly inconveniencing 
travellers by depriving their stock of a range anywhere near the usual place 
of embarkation on the Columbia. 

HIST. OB., VOL. II, 18 



274 LAND LAWS AND LAND TITLES. 

trade, and not for agriculture; but the legal subdivi 
sions included in such town sites should be subject to 
the operations of the act of May 23, 1844, "for the 
relief of citizens of towns upon lands of the United 
States, under certain circumstances." The proviso 
to the 4th section of the original act, declaring void all 
sales of lands before the issue of the patents therefor, 
was repealed, and sales were declared invalid only 
where the claimant had not resided four years upon 
the land. By these terms two subjects which had 
greatly troubled the land claimants were disposed of; 
those who had been a long time in the country could 
sell their lands without waiting for the issuance of 
their patents, and those who had taken claims and 
laid out towns upon natural town-sites were left un 
disturbed. 23 This last amendment to the donation 
law granted the oft-repeated prayer of the settlers 
that the orphan children of the earliest immigrants 
who died before the passage of the act of September 
27, 1850, should be allowed grants of land, the dona 
tion to this class being 160 acres each. Under this 
amendment Jason Lee s daughter could claim the 
small reward of a quarter-section of land for her 
father s services in colonizing the country. These 
orphans claims were to be set off to them by the sur 
veyor general in good agricultural land, and in case of 
the decease of either of them their rights vested in 
the survivors of the family. Such was the land law 
as regarded individuals. 

This act, besides, extended to the territory of Wash- 

22 This act provided that when any of the surveyed public lands had been 
occupied as a town site, and was not therefore subject to entry under the ex 
isting laws, in case the town were incorporated, the judges of the county 
court for that county should enter it at the proper land office, at the mini 
mum price, for the several use and benefit of the occupants thereof according 
to their respective interests, the proceeds of the sales of lots to be disposed of 
according to rules and regulations prescribed by the legislature; but the land 
must be entered prior to the commencement of the public sale of the body of 
land in which the town site was included. See note on p. 72, Gen. Laws Or. 

23 Many patents never issued. It was held by the courts that the law act 
ually invested the claimant who had complied with its requirements with the 
ownership of the land, and that the patent was simply evidence which did 
.not affect the title. Deady s Scraps, 5. 



OREGOX CITY CLAIM. 275 

ington all the provisions of the Oregon land law, or 
any of its amendments, and authorized a separate corps 
of officers for this additional surveying district, whose 
duties should be the same as those of the surveyor 
general, register, and receiver of Oregon. It also 
gave two townships of land each to Oregon and 
Washington in lieu of the two townships granted 
by the original act to Oregon for university purposes. 
Later, on March 12, 1860, the provisions of the act 
of September 28, 1850, for aiding in reclaiming the 
swamp lands of Arkansas, were extended to Oregon, 
by which the state obtained a large amount of valua 
ble lands, of which gift I shall have something to say 
hereafter. 

From the abstract here given of the donation law 
at different periods, my reader will be informed not 
only of the bounty of the government, but of the 
onerous nature of the duties of the surveyor-general, 
who was to adjudicate in all matters of dispute or 
question concerning land titles. His instructions au 
thorized and required him to settle the business of 
the Oregon City claim by notifying all purchasers, 
donees, or assigns of lots or parts of lots acquired 
of McLoughlin previous to March 4, 1849, to present 
their evidences of title, and have their land surveyed, 
in order that patents might be issued to them; and 
this in 1852 was rapidly being done. 24 

His special attention was directed to the third 
article of the treaty of 1846, between the United 
States and Great Britain, which provided that in the 
future appropriation of the territory south of 49 north 
latitude, the possessory rights 25 of the Hudson s Bay 

2 < U.S. H. Ex. Doc. 52, v. 25, 32d cong. 1st sess. 

"This subject came up in a peculiar shape as late as 1871, when H. W. 
Corbett was in the U. S. senate. A case had to be decided in the courts of 
Oregon in 1870, where certain persons claimed under William Johnson, who 
before the treaty of 1846 settled upon a tract of land south of Portland. 
But Johnson died before the land law was passed, and the courts decided 
that in this case Johnson had first lost his possessory rights by abandoning 
the claim; by dying before the donation law was passed, he was not provided 



276 LAND LAWS AND LAND TITLES. 

Company, and of all British subjects who should be 
found already in the occupation of land or other 
property lawfully acquired, within the said territory, 
should be respected; and to the fourth article, which 
declared that the farms, lands, and other property 
belonging to the Puget Sound Agricultural Company 
on the north side of the Columbia, should be con 
firmed to the said company, with the stipulation that 
in case the situation of these farms and lands should 
be considered by the United States to be of public 
and political importance, and the United States gov 
ernment should signify a desire to obtain possession 
of the wiiole or any part thereof, the property so re 
quired should be transferred to the said government 
at a proper valuation, to be agreed upon between the 
parties. The commissioner directed the surveyor- 
general to call upon claimants under the treaty, or 
their agents, to present to him the evidence of the 
rights in which they claimed to be protected by the 
treaty, and to show him the original localities and 
boundaries of the same which they held at the date 
of the treaty ; and he was not required to survey in 
sections or minute subdivisions the land covered by 
such claims, but only to extend the township lines 
over them, so as to indicate their relative position and 
connection with the public domain. 

The surveyor-general reported with regard to these 
claims, that McLoughlin, who had recently become a 
naturalized citizen of the United States, had given 
notice September 29, 1852, that he claimed under the 
treaty of 1846 a tract of land containing 640 acres, 
which included Oregon City within its boundaries, 
and that he protested against any act that would dis- 

for in that act, and therefore had no title either under the treaty or the land 
law by which his heirs could hold. This raised a question of law with regard 
to the heirs of British residents of Oregon before the treaty of 1846; and Cor- 
bett introduced a bill in the senate to extend the rights of citizenship to 
half-breeds born within the territory of Oregon previous to 1846, and now 
subject to the jurisdiction of the United States, which was passed. Sup. Court 
Decisions, Or. Laws, 1870, 227-9; Cong. Globe, 1871-2, app. 730, 42d cong. 2d 
sess.; Cong. Globe, 1871-2, part ii., p. 1179, 42d cong. 2d sess. 



HUDSON S BAY COMPANY. 277 

turb his possession, except of the portion sold or 
granted by him within the limits of the Oregon City 
claim. 26 

As to the limits of the Hudson s Bay Company s 
claim in the territory, it was the opinion of chief fac 
tor John Ballenden, he said, that no one could state 
the nature or define the limits of that claim. He 
called the attention of the general land commissioner, 
and through him of the government, to the fact that 
settlers were claiming valuable tracts of land included 
within the limits of that claimed by the Hudson s 
Bay and Puget Sound companies, and controversies 
had arisen not only as to the boundaries, but as to the 
rights of the companies under the treaty of 1846 ; and 
declared that it was extremely desirable that the na 
ture of these rights should be decided upon. 27 To de 
cide upon them himself was something beyond his 
power, and he recommended, as the legislative assem 
bly, the military commander, and the superintendent 
of Indian affairs had done, that the rights, whatever 
they were, of these companies, should be purchased. 
To this advice, as we know, congress turned a deaf 
ear, until squatters had left no land to quarrel over. 
The people knew nothing and cared less about the 
rights of aliens to the soil of the United States. In 
the mean time the delay multiplied the evils complained 
of. Let us take the site of Vancouver as an example. 
Either it did or it did not belong to the Hudson s Bay 
Company by the terms of the treaty of 1846. If it 
did, then it was in the nature of a grant to the com 
pany, from the fact that the donation law admitted 
the right of British subjects to claim under the 
treaty, by confining them to a single grant of land, 
and leaving it optional with them whether it should 

26 1 have already shown that having become an American citizen, McLough- 
lin could not claim under the treaty. See Dectdy s Or. Laws, 1845-64, 56-7. 
McLotighlin was led to commit this error by the efforts of his foes to destroy 
his citizenship. 

27 U. S. H. Ex. Doc. 14, iii. 14-17, 32d cong. 2d sess.; Olympia Columbian, 
April 9, 1853. 



278 LAND LAWS AND LAND TITLES. 

be under the treaty or under the donation law. 23 In 
one case, however, it limited the amount of land, and 
in the other it did not. But there was no provision 
made in the donation law, the organic act, or any 
where else by which those claiming under the treaty 
could define their boundaries or have their lands sur 
veyed and set off to them. The United States had 
simply promised to respect the company s rights to 
the lands, without inquiring what they were. They 
had promised also to purchase them, should it be found 
they were of public or political importance, and to 
pay a proper valuation, to be agreed upon between 
the parties. But the citizens of the United States, 
covering the lands of the Hudson s Bay and Puget 
Sound Agricultural companies with claims, under the 
donation law, deprived both companies and the United 
States of their possession. 

One of the settlers or, as they were called, squat 
ters on the Hudson s Bay Company s lands was 
Amos M. Short, who claimed the town site of Van 
couver. 29 When he first went on the lands, before 
the treaty, the company put him off. But he per 
sisted in returning, and subsequently killed two men 
to prevent being ejected by process of law. Never 
theless, when the donation law was passed Short took 
no steps to file a notification of his claim. Perhaps 
he was waiting the action of congress with regard to 
the Hudson s Bay Company s rights. While he waited 
he died, having lost the benefits of the act of Septem 
ber 27, 1850, by delay. In the mean time congress 
passed the act of the 14th of February, 1853, permit 
ting all persons who had located or might hereafter 
locate lands in that territory, in accordance with the 
provisions of the law of 1850, in lieu of continued 
occupation, to purchase their claims at the rate of 
1.25 an acre, provided they had been two years 



Gen. Laws Or., 1845-64, 86. 

29 1 have given a part of Short s history on page 793 of vol. i. He was 
drowned when the Vandalia was wrecked, in January 1S53. 



VANCOUVER CLAIM. 279 

upon the land. The widow of Short then filed a 
notification under the new act, and in order to secure 
the whole of the 640 acres, which might have been 
claimed under the original donation act, dated the 
residence of her husband and herself from 1848. But 
Mrs Short, whose notification was made in October 
1853, was still too late to receive the benefit of the 
new act, as Bishop Blanchet had caused a similar 
notification to be made in May, claiming 640 acres 
for the mission of St James 30 out of the indefinite 
grant to the Hudson s Bay Company. Though the 
company s rights of occupancy did not expire until 
1859, the bishop chose to take the same view held 
by the American squatters, and claimed possession at 
Vancouver, where the priests of his church had been 
simply guests or chaplains, under the clause in the 
organic act giving missions a mile square of land; 
and the surveyor general of Washington Territory 
decided in his favor. 31 No patent was however issued 
to the catholic church, the question of the Hudson s 
Bay Company s claim remaining in abeyance, and the 
decision of the surveyor general being reversed by 
the commissioner of the general land office, after 
which an appeal was taken to the secretary of the 
interior. 32 

30 Says Roberts: Even the catholics tried to get the land at Vancouver. . . 
In the face of the llth section of the donation law, by which people were 
precluded from interfering with the company s lands, how could Short, the 
Roman catholics, and others do as they did? Recollections, MS., 90, 93. 

31 The papers show that the mission notification was on file before any 
claims were asserted to contiguous lands. It is the oldest claim. Its recog 
nition is coeval with the organization of Oregon, and was a positive grant 
more than two years before any American settler could acquire an interest 
in or title to unoccupied public lands. Report of Surveyor General, in Claim 
of St James Mission, 21; Otympia Standard, April 5, 1SG2. 

32 The council employed for the mission furnished elaborate arguments on 
the side of the United States, as against the rights of the Hudson s Bay Com 
pany, one of the most striking of which is the following : The fundamental 
objection 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. We have seen that as to time they were not indefinite, but had a fixed 
termination in May 1859. But either way, how can the United States at the 
same time deny their right to appropriate or dispose of the lands permanently, 
only respecting the possessory rights of the company, and yet in 1849, 1S50, 
1853, or 1854 have made such appropriation (for military purposes) and per 
manent disposition, and now set it up against its grant to us in 1848?. . .It is 



280 LAND LAWS AND LAND TITLES. 

The case not being definitely decided, a bill was 
brought before congress in 1874 for the relief of the 
catholic mission of St James, and on being referred 
to the committee on private land claims, the chairman 
reported that it was the opinion of the committee 
that the mission was entitled to 640 acres under the 
act of August 14, 1848, and recommended the passage 
of the bill, with an amendment saving to the United 
States the right to remove from the premises any 
property, buildings, or other improvements it might 
have upon that portion of the claim covered by the 
military reservation. 33 But the bill did not pass; and 
in 1875, a similar bill being under advisement by the 
committee on private land claims, the secretary of 
war addressed a letter to the committee, in which he 
said that the military reservation was valued at a 
million dollars, and that the claim of the St James 
mission covered the whole of it; and that the war de 
partment had always held that the religious establish 
ment of the claimants was not a missionary station 
among Indian tribes on the 14th of August 1848, and 
that the occupancy of the lands in question at that 
date was not such as the act of congress required. 
The secretary recommended that the matter go before 
a court and jury for final adjustment, on the passage 
of an act providing for the settlement of this and sim 
ilar claims. 34 

Again in 1876, a bill being before congress whose 
object was to cause a patent to be issued to the St 
James mission, the committee on private land claims 

said that the United States had title to the lands, yet it could not dispose of 
them absolutely in prcesenti, so that the grantee could demand immediate pos 
session. Granted, so far as the Hudson s Bay Company was upon these lands 
with its possessory rights, those rights must be respected. But how does 
this admission derogate from the right to grant such title as the United States 
then had, which was the proprietary right, encumbered only by a temporary 
right of possession, for limited and special purpose? The arguments and 
evidence in this case are published in a pamphlet called Claim of the St 
James Mission, Vancouver, W. T., to 640 acres of Land, from which the above 
is quoted. 

33 U. 8. H. Kept., 630, 43d cong. 1st sess., 1873-4. 

81 U. S. H. Ex. Doc., 117, 43d cong. 2d sess. 



PORTLAND CLAIM. 281 

reported in favor of the mission s right to the land so 
far only as to amend the bill so as to enable all the 
adverse claimants to assert their rights before the 
courts; and recommended that in order to bring the 
matter into the courts, a patent should be issued to 
the mission, with an amendment saving the rights of 
adverse claimants and of the United States to any 
buildings or fixtures on the land. 35 

o 

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 according to 
their respective interests. Under an act of the legis 
lature the mayor then proceeded to convey to the 
occupants of lots and blocks the land in their pos 
session, according to the congressional law before ad 
verted to in reference to town sites. 

That a number of land cases should grow out of 
misunderstandings and misconstructions of the land 

o 

law was inevitable. Among the more important of 
the unsettled titles was that to the site of Portland. 
The reader already knows that in 1843 Overton 
claimed on the west bank of the Willamette 640 
acres, of which soon after he sold half to Lovejoy, 
and in 1845 the other half to Petty grove; and that 
these two jointly improved the claim, laying it off 
into lots and blocks, some of which they sold to 
other settlers in the town, who in their turn made 
improvements. 

In 1845, also, Lovejoy sold his half of the claim 
to Benjamin Stark, who came to Portland this year 
as supercargo of a vessel, Pettygrove and Stark con 
tinuing to hold it together, %nd to sell lots. In 1848 
Pettygrove, Stark being absent, sold his remaining 
interest to Daniel H. Lownsdale. The land being 

85 CW/. Globe, 1876-7, 44; U. S. H. Kept, 189, 44th cong. Istsess., 1875-6; 
U. S. II. Com. Kept, i. 249, 44th cong. 1st sess.; Portland Gregorian, Oct. 
30, 1869; JRossi, Souvenirs, vi. GO. 



282 LAND LAWS AND LAND TITLES. 

registered in the name of Pettygrove, Lownsdale 
laid claim to the whole, including Stark s portion, 
and filed his claim to the whole with the registrar, re 
siding upon it in Pettygrove s house. 36 

In March 1849 Lownsdale sold his interest in the 
claim to Stephen Coffin, and immediately repurchased 
half of it upon an agreement with Coffin that he should 
undertake to procure a patent from the United States, 
when the property was to be equally owned, the ex 
penses and profits to be equally divided; or if the 
agreement should be dissolved by mutual consent, 
Coffin should convey his half to Lownsdale. The 
deed of Coffin reserved the rights of all purchasers of 
lots under Pettygrove, binding the contracting parties 
to make good their titles when a patent should be 
obtained. In December of the same year Lownsdale 
and Coffin sold a third interest in the claim to W. 
W. Chapman, reserving, as before, the rights of lot 
owners. 

Up to this time there had been no partition of the 
land; but in the spring of 1850, Stark having re 
turned and asserted his right in the property, a divi 
sion was agreed to between Stark and Lownsdale, 
by which each held his portion in severalty, and to 
confirm titles to purchasers on their separate parcels 
of land, Stark taking the northern and Lownsdale 
the southern half of the claim. 

Upon the passage of the donation law, with its 
various requirements and restrictions, it became neces 
sary for each claimant, in order not to relinquish his 
right to some other, to apply for a title to a definitely 
described portion of the whole claim. Accordingly, 
on the 10th of March, 1852, Lownsdale, having 
been four years in possession, came to an arrange 
ment with Coffin and Chapman with regard to the 
division of his part of the claim in which they were 

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



TEST CASES. 283 

equal owners. The division being agreed upon, it be 
came necessary also to make some bargain by which 
the lots sold on the three several portions of Lowns- 
dale s interest might fall with some degree of fairness 
to the three owners when they came to make deeds 
after receiving patents; the same being necessary 
with regard to the lots previously selected by their 
wives out of their claims, which were exchanged to 
bring them within the limits agreed upon previous to 
going before the surveyor general for a certificate. 
Everything being settled between Lownsdale, Chap 
man, and Coffin, the first two filed their notification 
of settlement and claim on the llth of March, and 
the latter on the 19th of August. 

On the 8th of April Lownsdale, by the advice of 
A. E. Wait, filed a notification of claim to the whole 
640 acres, upon the ground that Job McNamee, who 
had in 1847 attempted to jump the Portland claim, 
but had afterward abandoned it, had returned, and 
was about to file a notification for the whole claim. 
"Lownsdale and Wait excused the dishonesty of the 
act by the assertion that either of the other two 
owners could have done the same had they chosen. 
A controversy arose between Chapman and Coffin on 
one side and Lownsdale on the other, which was de 
cided by the surveyor general in favor of Chapman 
and Coffin, Lownsdale refusing to accept the decision. 
Stark and the others then appealed to the commis 
sioner of the general land office, who gave as his 
opinion that Portland could not be held as a donation 
claim: first, because it dated from 1845, and congress 
did not recognize claims under the provisional gov 
ernment; again, because congress contemplated only 
agricultural grants; and last, on account of the clause 
in the organic act which made void all laws of the 
provisional government affecting the title to land. 
He also believed the town-site law to be extended to 
Oregon along with the other United States laws; and 



284 LAND LAWS AND LAND TITLES. 

further asserted that the donations were in the na 
ture of preemption, only more liberal. 37 

This decision made the Portland land case more 
intricate than before, all rights of ownership in the 
land being disallowed, and there being no reasonable 
hope that those claiming it could ever acquire any; 
since if they should be able to hold the land until it 
came into market, there would still be the danger that 
any person being settled upon any of the legal sub 
divisions might claim it, if not sufficiently settled 
to be organized into a town. Or should the town-site 
law be resorted to, the town would be parcelled out 
to the occupants according to the amount occupied 
by each. Sad ending of golden dreams! 

But the commissioner himself pointed out a possi 
ble flaw in the argument, in the word surveyed/ in 
the second line of the act of 1844. The lands settled 
on in Oregon as town sites were not surveyed, which 
might affect the application of that law. The doubt 
led to the employment of the judicial talent of the 
territory in the solution of this legal puzzle, which 
was not, after all, so difficult as at a cursory glance 
it had seemed. Chief Justice Williams, in a case 
brought by Henry Martin against W. G. T Vault 
and others, who, having sold town lots in Vancouver 
in exchange for Martin s land claim, under a bond to 
comply with the requirements of the expected dona 
tion law, and then to convey to Martin by a good and 
sufficient deed, refused to make good their agreement, 
reviewed the decision of Commissioner Wilson and 
Secretary McClelland in a manner that threw much 
light upon the town-site law, and showed Oregon 
lawyers capable of dealing with these knotty questions. 

Judge Williams denied that that portion of the 
organic act which repealed all territorial laws affect 
ing the title to land repealed all laws regulating the 

87 Or. Statesman, June 6, 1854; Olympia Pioneer and Democrat, June 24, 
1854; Portland Oregonian, June 10, 1854. See also Brief on behalf of Stark, 
n^ and Chapman, prepared by S. S. Baxter. 



RIGHTS OF SETTLERS. 285 

possessory rights of settlers. Congress, be said, was 
aware that many persons had taken and largely im 
proved claims under the provisional government, and 
did not design to leave those claims without legal pro 
tection, but simply to assert the rights of the United 
States; did not mean to say that the claim laws of the 
territory should be void as between citizen and citizen, 
but that the United States title should not be encum 
bered. He argued that if the act of 1848 vacated 
such claims, the act of 1850 made them valid, by 
granting to those who had resided upon their claims, 
and by protecting the rights of their heirs, in the 
case of their demise before the issuance of patents. 
The surveyor general was expressly required to issue 
certificates, upon the proper proof of settlement and 
cultivation, "whether made under the provisional 
government or not." He declared untenable the 
proposition that land occupied as a town site prior to 
1850 was not subject to donation under the act. A 
man might settle upon a claim in 1850, and in 1852 
lay it out into a town site; but the surveyor general 
could not refuse him a certificate, so long as he had 
continued to reside upon and cultivate any part of it. 

The rights of settlers before 1850 and after were 
placed upon precisely the same footing, and therefore 
if a claim were taken in 1847, and laid off in town 
lots in 1849, supposing the law to have been complied 
with in other respects, the claimant would have the 
same rights as if he had gone upon the land after the 
passage of the donation law. The surveyor general 
could not say to an applicant who had complied with 
the law that he had forfeited his right by attempting 
to build up a town. A settler had a right to admit 
persons to occupy under him or to exclude them; and 
if he admitted them such action not being against 
the public good it ought not to prejudice his claim. 

Judge Williams further held that the town-site law 
of 1844 was not applicable to Oregon, and that the 
land laws of the United States had not been extended 



286 LAND LAWS AND LAND TITLES. 

over this territory. The preemption law had never 
been in force in Oregon; there were no land districts 
or land offices established. 38 No claims had ever been 
taken with reference to such a law, nor had any one 
ever thought of being governed by them in Oregon. 
And as to town sites, while the California land law 
excepted them from private entry, the organic act of 
Oregon excepted only salt and mineral lands, and said 
nothing about town sites; while the act of 1850 spe 
cifically granted the Oregon City claim, leaving all 
other claims upon the same footing, one with another. 

Meanwhile, the citizens of Portland who had pur 
chased lots were in a state of bewilderment as to their 
titles. They knew of whom they had purchased; but 
since the apportionment of the surveyor general, which 
made over to Coffin a part of Lownsdale s convey 
ances and to Lownsdale and Chapman a part of Cof 
fin s conveyances, they knew not where to look for 
titles. To use the words of one concerned, a three 
days protracted meeting of the citizens had been held 
to devise ways and means of obtaining titles to their 
lots. They finally memorialized congress to pass a 
special act, exempting the town site of Portland from 
the provisions of the donation act, which failed to 
meet with approval, being opposed by a counter-peti 
tion of the proprietors ; though whether it would have 
succeeded without the opposition was unknown. 

In the winter of 1854-5 a bill was before the legis 
lative assembly for the purchase of the Portland land 
claim under the town-site law of 1844, before men 
tioned, Portland having become incorporated in 1851, 
and having an extent of two miles on the river by 
one mile west from it. Coffin and Chapman opposed 
the bill, and the legislature adjourned without taking 

38 Two land districts were established in February 1855, Willamette anil 
Umpqua, but the duties of officers appointed were by act declared to be the 
same as are now prescribed by law for other land offices, and for the surveyor 
general of Oregon, so far as they apply to such offices. Or. Statutes, 1858-4, 
57. They simply extended new facilities to, without imposing any new regu 
lations upon, the settlers. 



TOWN SITE LAWS. 287 

any action in the matter. 89 Finally, the city of Port 
land was allowed to enter 320 acres under the town- 
site law in 1860, some individual claims under the 
same being disallowed. 40 

The decision rendered by the general land office in 
1858 was that the claims of Stark, Chapman, and 
Coffin were good, under their several notifications; 
that Lownsdale s was good under his first notification ; 
and that where the claims of these parties conflicted 
with the town-site entry of 320 acres their titles should 
be secured through the town authorities under the 
provisions of the act of 1844, and the supplementary 
act of 1854 relating to town sites. 41 

On the demise of Lowrisdale, not long after, his 
heirs at law attempted to lay claim to certain lots 
in Portland which had been sold previous to the ad 
justment of titles, but with the understanding and 
agreement that when their claims should be con 
firmed the grantors of titles to town lots should con 
firm the title of the grantees. The validity of the 
titles obtained from Stark, Lownsdale, Coffin, and 
Chapman, whether confirmed or not, was sustained 
by the courts. A case different from either of these 
was one in which the heirs of Mrs Lownsdale proved 
that she had never dedicated to the public use in 
streets or otherwise a portion of her part of the do 
nation claim; nor had the city purchased from her 
the ground on which Park street, the pride of Port 
land, was laid out. To compel the city to do this, a 
row of small houses was built in the street, where 

39 0?\ Statesman, Feb. 6, 1855. As the reader has probably noticed, the 
town-site law was extended to Oregon in July 1854, but did not apply to 
claims already taken, consequently would not apply to Portland. See also 
Dec. Sup. Ct, relative to Town Sites in Or.; Or. Statesman, Aug. 8, 1875; Or. 
S. 0. Repts, 1853-4. 

40 A. P. Dennison, and one Spear, made claims which were disallowed. 
The latter s pretensions arose from having leased some land between 1850 and 
1853, and believing that he could claim as a resident under that act. Denni- 
son s pretensions were similarly founded, and, I believe, Carter s also. 

il Briefin behalf of Stark, Coffin, Loivnsdale, and Chapman, 1-24; Or. States 
man, Dec. 21, 1858. See also Martin vs T Fault, 1 Or. 77; Lownsdale vs 
City of Portland (U. S. D. C.), 1 Or. 380; Chapman vs School District No. I 
et al.; Opin. Justice Deady, C. C. U. S.; Burke vs Lownsdcde. 



283 LAND LAWS AND LAND TITLES. 

they remain to this time, the city unwilling to pur 
chase at the present value, and the owners determined 
not to make a present of the land to the public. 42 
There was likewise a suit for the Portland levee, which 
had been dedicated to the use of the public. The su 
preme court decided that it belonged to the town; but 
Deady reversed the decision, on the ground that at 
the time the former decision was rendered the land 
did not belong to the city, but to Coffin, Chapman, 
and Lownsdale. 43 

42 Lownsdale died in April 1862. His widow was Nancy Gillihan, to whom 
he was married about 1850. 

43 Apropos of the history of Portland land titles: there came to Oregon 
with the immigration of 1847 a woman, commonly believed to be a widow, 
calling herself Mrs Elizabeth Caruthers, and with her, Finice Caruthers, her 
son. They settled on land adjoining Portland on the south, and when the 
donation law of 1850 was passed, the woman entered her part of the claim 
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 Mrs Caruthers-Thomas 
died; and in 1860 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, 1868, 44-6, 465, but resigned its preten 
sions on learning that there were heirs who could claim. During this time 
an attempt had been made to prove Finice Thomas illegitimate. This fail 
ing, A. J. Knott and Pv. J. Ladd preempted the land left by Mrs Thomas, on 
the ground that being a woman she could not take under the donation act. 
Knott and Ladd obtained patents to the land; but they were subsequently 
set aside by the U. S. sup. ct, which held that a woman was a man in legal 
parlance, and that Mrs Thomas claim was good. 

Meantime agitation brought to the surface new facts. There were men 
in Oregon who had known the husband in Tennessee and Missouri, and who 
believed him still alive. Two who had known Thomas, or as he was called, 
Wrestling Joe, were sent to St Louis, accompanied by a lawyer, to discover 
the owner of south Portland. He was found, his identity established, his in 
terest in the property purchased for the parties conducting the search, and he 
\vas brought to Oregon to aid in establishing the right of the purchasers. In 
Oregon were found a number of persons who recognized and identified him as 
Wrestling Joe of the Missouri frontier, though old and feeble. He was a 
man not likely to be forgotten or mistaken, and had a remarkable scar on his 
face. In 1872 a case was brought to trial before a jury, who on the evidence 
decided that the man brought to Oregon was Joe Thomas. Soon after, and 
pending an appeal to the sup. ct, a compromise was effected with the con 
testants, by the formation of the South Portland Real Estate Association, 
which bought up all the conflicting claims and entered into possession. Sub 
sequently they sold to Villard. 

After the settlement of the suits as above, Wrestling Joe became incensed 
with some of the men connected with the settlement, and denied that he was 



THE DALLES CLAIM. 289 

Advantage was sought to be taken by some of that 
clause in the donation law which declared that no laws 
passed by the provisional legislature interfering with 
the primary disposal of the soil should be valid. But 
the courts held, very properly, that it had not been 
the intention of congress to interfere with the arrange- 

o ~ 

merits already made between the settlers as to the 
disposal of their claims, but that on the contrary the 
organic law of the territory distinctly said that all bonds 
and obligations valid under the laws of the provisional 
government, not in conflict with the laws of the United 
States, were to be valid under the territorial laws till 
altered by the legislature, and that the owners of town 
sites who had promised deeds were legally bound to 
furnish them on obtaining the title to the land. And 
the courts also decided that taxes should be paid on 
land claims before the patents issued, because by the 
act of September 27, 1850, the land was the property 
in fee simple of every claimant who had fulfilled the 
conditions of the law. 

A question arose concerning the right of a man hav 
ing an Indian woman for a wife to hold 640 acres of 
land, which was decided by the courts that he could 
so hold. 

The Dalles town-site claim was involved in doubt 
and litigation down to a recent period, or during a 
term of twenty-three years. That the methodists 
first settled at this point as missionaries is known to 
the reader; also that in 1847 they sold it to Whitman, 
who was in possession during the Cayuse war, which 
drove all the white population out of the country. 
Thus the first claim was methodist, transferred to the 
presbyterians, and finally abandoned. But, as I have 

that person, asserting that his name was John C. Nixon, and that all he had 
testified to before was false. This led to the indictment and arrest of the 
men who went to St Louis to find and identify Thomas, but on their trial the 
evidence was so strong that they were acquitted. Soon after, Thomas re 
turned to St Louis, where he lived, as before, after the manner of a mendi 
cant. See communication by "W. C. Johnson, in Portland Or., Feb. 2, 1878. 
HIST. OB., VOL. II. 19 



290 LAND LAWS AND LAND TITLES. 

elsewhere shown, a catholic mission was maintained 
there afterward for some years. 

From the sale 44 and abandonment of the Dalles 
mission to June 1850 there was no protestant mission 
at that place ; but subsequent to the passage of the 
donation law, and notwithstanding the military reser 
vation of the previous month of May, an attempt was 
made to revive the methodist claim in that year by 
surveying and making a claim which took in the old 
mission site; and in 1854 their agent, Thomas H. 
Pearne, notified the surveyor general of the fact. 45 In 
the interim, however, a town had grown up at this 
place, and certain private individuals and the town 
officers opposed the pretensions of the methoclists. 
And it would seem from the action of the military 
authorities at an earlier date that either they differed 
from the methodist society as to their rights, or were 
willing to give them an opportunity to recover dam 
ages for the appropriation of their property, the for 
mer mission premises being located about in the centre 
of the reservation. 

When the amended land law in 1853 reduced the 
military reservations in Oregon to a mile square, the 
reserve as laid out still took something more than 
half of the claim as surveyed by the methodists in 
1850. 46 For this the society, by its agent, brought a 

44 The price paid by Whitman for the improvements at The Dalles was, 
according to the testimony of the methodist claimants, $000 in a draft on the 
American board, the agreement being cancelled in 1849 by a surrender of the 
draft. 

45 The superintendent of the M. E. mission, William Roberts, advertised 
in the Spectator of Jan. 10, 1850, that he designed to reoccupy the place, de 
claring that the society had only withdrawn from it for fear of the Indians, 
though every one could know that when the mission was sold the war had not 
yet broken out. The Indians were, however, ill-tempered and defiant, as I 
have related. See Fulton s Eastern Oregon, MS., 8. 

46 Fulton describes the boundaries as follows: When the government re 
duced the military reservations to a mile square, it happened that, on survey 
ing the land so as to bring the fort in the proper position with regard to the 
boundaries, a strip of land was left nearly a quarter of a mile in width next 
the river, which was not covered by the reserve. To this strip of land the 
mission returned, upon the pretence that as it was not included in the military 
reservation, for which they had received $24,000, it was still theirs. In ad 
dition to the river front, there was also a strip of land on the east side of the 
reserve which was brought by the government survey within the section that 



MISSION LANDS. 291 

claim against the government for $20,000 for the 
land, and later of $4,000 for the improvements, which 
in their best days had been sold to Whitman for $600. 
Congress, by the advice of Major G. J. Raines, then in 
command at Fort Dalles, and through the efforts of 
politicians who knew the strength of the society, 
allowed both claims; 47 and it would have been seemly 
if this liberal indemnity for a false claim had satisfied 
the greed of that ever-hungry body of Christian min 
isters. But they still laid claim to every foot of 
ground which by their survey of 1850 fell without 
the boundaries of the military reserve, taking enough 
on every side of it to make up half of a legal mission 
donation. 43 

The case came before three successive surveyor- 
generals and the land commissioners, 49 and was each 
time decided against the missionary society, until, as 
I have said, congress was induced to pay damages to 
the amount of $24,000, in the expectation, no doubt, 
that this \vould settle the claims of the missionaries 
forever. Instead of this, however, the methodist in 
fluence was strong enough with the secretary of the 
interior in 1875 to enlist him in the business of get 
ting a deed in fee simple from the government of the 
land claimed by the missionaries, 50 although the prop- 
would have been the mission claim if adhered to as originally occupied. 
This also they claimed, managizig so well that to make out their section they 
went all around the reserve. Eastern Or., MS., 3-5. 

47 Bill passed in June 1860. See remarks upon it by Or. Statesman, April 
20, 1859; Id., March 15, 1859; Ind. Aff. Rept, 1854, 284-6. 

8 They made another point that Waller had left The Dalles and taken land 
at Salem, where he had hut half a claim, which he wanted to fill up at The 
Dalles. Fulton s Eastern Or., MS., 7. Deacly says notwithstanding that Rob 
erts had declared the sale to Whitman cancelled in 1849, a formal deed of 
quitclaim was not obtained till Feb. 28, 1859; and further, that on the 3d 
of November, 1858, Walker and Eells, professing to act for the American 
board, had conveyed the premises to M. M. McCarver and Samuel L. White, 
subject only to the military reservation. Portland Oregonian, Dec. 4, 1879; 
Or. Statesman, Aug. 25 and Sept. 8, 1855. 

19 U. S. //. Ex. Doc., 1, vol. v. 5, 38th cong. 2d sess.; Land Off. Rept, 1864, 
2; Portland Oregonian, Jan. 23, 1865. 

50 Portland Advocate, May 6, 1875; Vancouver Register, Aug. 6, 1875; JV. 
Y. Methodist, in Walla Walla Statesman, May 1, 1875. Fulton says James 
K. Kelly told him that Delano had himself been a methodist minister, wliich 
may account for the strong interest in this case. Eastern Or., MS., 6. 



292 LAND LAWS AND LAND TITLES. 

erty was already covered by a patent under the dona 
tion act to W. D. Bigelow, who settled at The Dalles 
in 1858, 51 and a deed under the town-site act. But 
by Judge Deady this patent was held of no effect, 
because the section of the statutes under which it 
was issued imposed conditions which were not com 
plied with, namely, that the grant could only be made 
upon a survey approved by the surveyor general and 
found correct by the commissioner, neither of which 
could be maintained, as both had rejected the claim. 
And in any case, under the statute, 5 - such a patent 
could operate only as a relinquishment of title on the 
part of the United States, and could not interfere 
with any valid adverse right like that of Bigelow or 
Dalles City, nor preclude legal investigation and (Je- 
cision by a proper judicial tribunal. 

This legal investigation began in the circuit court 
of Wasco county in September 1877, but was re 
moved in the following January to the United States 
district court, which rendered a decision in October 
1879 adverse to the missionary society, and sustain 
ing the rights of the town-site owners under the do- 

j ^3 

nation and town-site laws, founded upon a thorough 
examination of the history and evidence in the case. 
The mission then appealed to the U. S. supreme 
court, which, in 1883, finally affirmed Deady s deci 
sion, and The Dalles, which had been under this cloud 
for a quarter of a century, was at length enabled to 
give a clear title to its property. 

The claim made by the catholics at The Dalles in 

51 Bigelow sold and conveyed, Dec. 9, 1862, an undivided third interest in 
27 acres of his claim to James K. Kelly and Aaron E. Wait; and Dec. 12, 
1864, also conveyed to Orlando Humason the remaining two thirds of this 
tract. Humason died in Sept. 1875, leaving the property to his widow Phoebe 
Humason, who became one of three in a suit against the missionary society. 
See The Dalles Meth. Miss. Claim Cases, 5, a pamphlet of 22 pp. Bigelow 
also conveyed to Kelly and Wait 46 town lots on the hill part of the town, 
known as Bluff addition to Dalles City. Id. 

02 Deady quotes it as section 2447 of the R. S., and says it was taken 
from the act of Dec. 22, 1854, authorizing the issue of patents in certain cases, 
and Only applies where there has been a grant by statute without a provision 
for the issue of a patent, which could not be affirmed in this case. 



REFLECTIONS. 293 

1848, and who really were in possession at the time 
of the passage of the organic act, was set aside, ex 
cept so far as they were allowed to retain about half 
an acre for a building spot. So differently is law in 
terpreted, according to whether its advocates are 
governed by its strict construction, by popular clamor, 
or by equity and common sense. 

In the case of the original old mission of the 
methodist church in the Willamette Valley, the re 
moval of the mission school to Salem in 1843 pre 
vented title. The land on which Salem now stands 
would have come under the law had not the mission 
school been discontinued in 1844; and the same may 
be said of all the several stations, that they had been 
abandoned before 1850. 

As to the grants to protestant missions, they re 
ceived little benefit from them. The American board 
sold Waiilatpu for $1,000 to Gushing Eells, as I have 
before mentioned. It was not a town site, and there 
was no quarrel over it. An attempt by the catholics 
to claim under the donation law at Walla Walla was 
a failure through neglect to make the proper notifica 
tion, as I have also stated elsewhere. No notice of 
the privilege to claim at Lapwai was taken until 1862, 
when the Indian agent of Washington Territory for 
the Nez Perces was notified by Eells that the land he 
was occupying for agency purposes was claimed by 
the American board, and a contest arose about sur 
veying the land, which was referred to the Indian 
bureau, Eells forbidding the agent to make any fur 
ther improvements. 53 But as the law under which 

53 Charles Hutcliins, the agent referred to, remarks that the missionaries 
at Lapwai may have acted with discretion in retiring to the Willamette Val 
ley, although they were assured of protection by the Nez Perces; but as 
they had made no demonstration of returning from 1847 to 1862, and had 
been engaged in other pursuits, it was suggestive of the thought that it was 
the value of the improvements made upon the land that prompted them to 
put in their claim at this time. He could have added that the general im 
provement in this part of the country might have prompted them. Ind. Aff. 
Kept, 1862, 426. 



294 LAND LAWS AND LAND TITLES. 

the missions could claim required actual occupancy at 
the time of its passage, none of the lands resided upon 
by the presbyterians were granted to the board ex 
cept the Waiilatpu claim from which the occupants 
were excluded by violence and death. Thus, of all 
the land which the missionaries had taken so much 
trouble to secure to their societies, and which the or 
ganic act was intended to convey, only the blood 
stained soil of Whitman s station was ever confirmed 
to the church, because before 1848 every Indian mis 
sion had been abandoned except those of the catho 
lics, who failed to manage well enough to have their 
claims acknowledged where they might have done 
so, and who committed the blunder of attempting to 
seize the land of the Hudson s Bay Company at Van 
couver. 

Great as was the bounty of the government, it was 
not an unmixed blessing. It developed rapacity in 
some .places, and encouraged slothful habits among 
some by giving them more than they could care for, 
and allowing them to hope for riches from the sale of 
their unused acres. The people, too, soon fell out with 
the surveyor-general for taking advantage of his po 
sition to exact illegal fees for surveying their claims 
prior to the public survey, Preston requiring them to 
bear this expense, and to employ his corps of survey 
ors. About $25,000 was extorted from the farmers 
in this way, when Preston was removed on their com 
plaint, and Charles K. Gardiner of Washington city 
appointed in his place in November 1853. 

Gardiner had not long been in office before he fol 
lowed Preston s example. The people protested and 
threatened, and Gardiner was obliged to yield. Both 
the beneficiaries and the federal officer knew that an 
appeal to the general land office would result in the 
people having their will in any matters pertaining to 
their donation. The donation privileges expired in 
1855, after which time the public lands were subject 



PREEMPTION AND PATENTS. 295 

to the United States law for preemption and pur 
chase. 54 On the admission of Oregon as a state in 
1859, out of eio-lit thousand land claims filed in the 

* o 

registrar s office in Oregon City, only about one eighth 
had been forwarded to Washington for patent, owing 
to the neglect of the government to furnish clerks to 

r> 

the registrar, who could issue no more than one certifi 
cate daily. Fees not being allowed, this officer could 
not afford to hire assistants. But in 1862 fees were 
allowed, and the work progressed more satisfactorily, 
though it is doubtful if ten years afterward all the 
donation patents had been issued. 55 

54 In 1856 John S. Zieber was appointed surveyor general, and held the 
office until 1859, when W. W. Chapman was appointed. In 1861 he gavo 
way to B. J. Pengra, and he in turn to E. L. Applegate, who was followed 
by W. H. Odell, Ben. Simpson, and J. C. Tolman, all Oregon men. 

^Land Off. Rept, 1858, 33, 1863, 21-2; Or. Argus, Sept. 11, 1858; S. F. 
Bulletin, Jan. 28, 1864. 



CHAPTER XL 

POLITICS AND PROGRESS. 
1853. 

LEGISLATIVE PROCEEDINGS JUDICIAL DISTRICTS PUBLIC BUILDINGS TENOR 
or LEGISLATION INSTRUCTIONS TO THE CONGRESSIONAL DELEGATE HAR 
BORS AND SHIPPING LANE S CONGRESSIONAL LABORS CHARGES AGAINST 
GOVERNOR GAINES OCEAN MAIL SERVICE PROTECTION OF OVERLAND 
IMMIGRANTS MILITARY ROADS DIVISION OF THE TERRITORY FEDERAL 
APPOINTMENTS NEW JUDGES AND THEIR DISTRICTS WHIGS AND DEM 
OCRATS LANE AS GOVERNOR AND DELEGATE ALONZO A. SKINNER AN 
ABLE AND HUMANE MAN SKETCH OF HIS LIFE AND PUBLIC SERVICES. 

I HAVE said nothing about the legislative and po 
litical doings of the territory since the summer of 
1852, when the assembly met in obedience to a call 
from Governor Gaines, only to show its contempt by 
adjourning without entering upon any business. 1 At 
the regular term in December there were present five 
whigs, three from Clackamas county and two from 
Yamhill. Only one other county, Umpqua, ran a 
whig ticket, and that elected a democrat, which 
promised little comfort for the adherents of Gaines 

^ J The council was composed of Deady, Garrison, Lovejoy, Hall, and Way- 
mire of the former legislature, and A. L. Humphry of Benton and Lane 
counties, Lucius W. Phelps of Linn, and Levi Scott of Umpqua, Douglas, and 
Jackson. Lancaster, from the north side of the Columbia, was not present. 
The members of the lower house were J. C. Avery and George E. Cole of 
Benton; W. T. Matlock, A. E. Wait, and Lot Whitcomb of Clackamas; 
John A. Anderson of Clatsop and Pacific; F. A. Chenoweth of Clarice and 
Lewis; Curtis of Douglas; John K. Hardin of Jackson; Thomas 1ST. Aubrey 
of Lane; James Curl and Royal Cottle of Linn; B. F. Harding, Benjamin 
Simpson, and Jacob Conser of Marion; H. N. V. Holmes and J. M. Fulker- 
son of Polk; A. C. Gibbs of Umpqua; John Richardson, F. B. Martin, and 
John Carey of Yamhill; Benjamin Stark, Milton Tuttle, and Israel Mitchell 
of Washington. Or. Statesman, July 31, 1852. The officers elected in July 
held over. 

(296) 



COURT DISTRICTS. 297 

and the federal judges, whose mendacity in denying 
the validity of the act of 1849, adopting certain of 
the Revised Statutes of 1843 of Iowa, popularly 
known as the steamboat code, 2 was the cause of more 
confusion than their opposition to the location of the 
seat of government act, also declared to be invalid, 
because two of them used the Revised Statutes of 
Iowa of 1838, adopted by the provisional government, 
in their courts, instead of the later one which the 
legislative assembly declared to be the law. 

As I have before recorded, the legislature of 1851- 
2, in order to secure the administration of the laws 
they enacted, altered the judicial districts in such a 
manner that Pratt s district included the greater part 
of the Willamette Valley. But Pratt s term expired 
in the autumn of 1852-3, and a new man, C. F. 
Train, had been appointed in his place, toward whom 
the democracy were not favorably inclined, simply 
because he was a whig appointee. 3 As Pratt was no 
longer at hand, and as the business of the courts in 
the counties assigned to him was too great for a single 
judge, the legislature in 1852-3 redistricted the ter 
ritory, making the 1st district, which belonged to 
Chief Justice Nelson, comprise the counties of Lane, 
Umpqua, Douglas, and Jackson; the 2d district, which 
would be Train s, embrace Clackamas, Marion, Yam- 
hill, Polk, Benton, and Linn; and the 3d, or Strong s, 
consist of Washington, Clatsop, Clarke, Lewis, Thurs- 
ton, Pierce, and Island. By this arrangement Nelson 
would have been compelled to remain in contact with 
border life during the remainder of his term had not 
Deady, who was then president of the council, re 
lented so far as to procure the insertion in the act of 

2 Amory Holbrook thus named it, meaning it was a carry-all, because it 
had not been adopted act by act. Says the Or. Statesman, Jan. 8, 1853: 
The code of laws known as the steamboat code, enacted by the legislative 
assembly, has been and is still disregarded by both of the federal judges in 
the territory, while the old Iowa blue-book, expressly repealed by the as 
sembly, is enforced throughout their districts. 

3 The Or. Statesman, Dec. 18, 1852, predicted that he would never come to 
Oregon, and he never did. 



293 POLITICS AND PROGRESS. 

a section allowing the judges to assign themselves to 
their districts by mutual agreement, only notifying 
the secretary of the territory, who should publish the 
notice before the beginning of March; 4 the concession 
being made on account of the active opposition of 
the whig members to the bill as it was first drawn, 
they making it a party question, and several demo 
crats joining with them. The law as it was passed 
also made all writs and recognizances before issued 
valid, and declared that no proceedings should be 
deemed erroneous in consequence of the change in 
the districts. The judges immediately complied with 
the conditions of the new law, and assigned them 
selves to the territory they had formerly occupied. 

The former acts concerning the location of the pub 
lic buildings of the territory were amended at this 
term and new boards appointed, 5 the governor being 
declared treasurer of the funds appropriated, without 
power to expend any portion except upon an order 
from the several boards constituted by the legisla 
ture. 6 Here the matter rested until the next term 
of the legislature. 

4 /cZ., Feb. 12, 1853. The Statesman remarked that the majority in the 
house had killed the first bill and decided to leave the people without courts, 
unless they could carry a party point, when the council in a commendable 
spirit of conciliation passed a new bill. 

5 The new board consisted of Eli M. Barnum, Albert W. Ferguson, and 
Alvis Kimsey. Barnum was from Ohio, and his wife was Frances Latimer of 
Norwalk, in that state. The penitentiary board consisted of William M. 
King, Samuel Parker, and Nathaniel Ford. University board, James A. 
Bennett, John Trapp, and Lucius Phelps. 

6 The acts of this legislature which it may be well to mention are as follows: 
Creating and regulating the office of prosecuting attorney; L. F. Grover be 
ing appointed for the 2d district, R. E. Stratton for the 1st, and Alexander 
Campbell for the 3d. At the election of June following, R. P. Bois6 was 
chosen in the 2d district, Sims in the 1st, and Alex. Campbell in the 3d. 
Establishing probate courts, and providing for the election of constables and 
notaries public. A. M. Poe was made a notary for Thurston county, D. S. 
Maynard of King, John M. Chapman of Pierce, R. H. Lansdale of Island, 
A. A. Plummer of Jefferson, Adam Van Dusen of Clatsop, James Scudder of 
Pacific, Septimus Heulat of Clackamas, and W. M. King of Washington 
county. Or. Statesman, Feb. 26, 1853. An act was passed authorizing the 
appointment of two justices of the peace in that portion of Clackamas east 
of the Cascades, and appointing Cornelius Palmer and Justin Chenoweth. 
The commissioners of each county were authorized by act to locate a quarter- 
section of land for the benefit of county seats, in accordance with the law of 



LEGISLATION. 299 

The resolutions of instruction to the Oregon dele 
gate in congress at this session required his endeavor 
to obtain 100,000 for the improvement of the Wil- 

congress passed May 26, 1824, and report such locations to the surveyor 
general. Or. Gen. Laws, 1852-3, G8. 

I have spoken before of the several new counties created at this session, 
making necessary a new apportionment of representatives. Those north of the 
Columbia were Pierce, King, Island, and Jefferson. The county seat of 
Pierce was located on the land claim of John M. Chapman at Steilacoom; 
King, on the claim of David S. Maynard at Seattle; Jefferson, on the claim 
of Alfred A. Plummer at Port Townsend; Lewis, on the claim of Frederick 
A. Clark at the upper landing of the Cowlitz. Commissioners of King 
county were A. A. Denny, John N. Lowe, Luther M. Collins; David C. Bor 
ing, sheriff; H. D. Yesler, probate clerk. Commissioners of Jefferson county, 
Lucius B. Hastings, David F. Brownfield, Albert Briggs; H. C. Wilson, 
sheriff; A. A. Plummer, probate clerk. Commissioners of Island county, 
Samuel D. Howe, John Alexander, John Crockett; W. L. Allen, sheriff; R. 
H. Lansdale, probate clerk. Commissioners of Pierce county, Thomas M. 
Chambers, William Dougherty, Alexander Smith; John Bradley, sheriff; 
John M. Chapman, probate clerk. The county seat of Thurston county was 
located at Olympia, and that of Jackson county at Jacksonville. The com 
missioners appointed were James Cluggage, James Dean, and Abel George; 
Sykes, sheriff; Levi A. Rice, probate clerk. The county seat of Lane was 
fixed at Eugene City. The earliest settlers of this part of the Willamette 
were, besides Skinner, Felix Scott, Jacob Spores, Benjamin Richardson, John 
Brown, Marion Scott, John Vallely, Benjamin and Joseph Davis, C. Mulli 
gan, Lemuel Davis, Hilyard Shaw, Elijah Bristow, William Smith, Isaac 
and Elias Briggs. 

The election law was amended, removing the five years restriction from 
foreign-born citizens, and reducing the probationary period of naturalized 
foreigners to six months. 

An act was passed creating an irreducible school fund out of all moneys in 
any way devoted to school purposes, whether by donation, bequest, sale, or 
rent of school lands, or in any manner whatever, the interest of which was 
to be divided among the school districts in proportion to the number of chil 
dren between 4 and 21 years of age, with other regulations concerning educa 
tional matters. A board of commissioners, consisting of Arnold Fuller, Jacob 
Martin, and Harrison Linnville, was created to select the two townships of 
land granted by congress to a territorial university; and an act was passed 
authorizing the university commissioners to sell one fourth or more of the 
township, to be selected south of the Columbia, for the purpose of erecting a 
university building. 

The Wallamet University was established, by act of the legislature 
Jan. 10, 1853, the trustees being David Leslie, William Roberts, George 
Abernethy, W. H. Wilson, Alanson Beers, Francis S. Hoyt, James H. 
Wilbur, Calvin S. Kingsley, John Flinn, E. M. Barnum, L. F. Grover, B. 
F. Harding, Samuel Burch, Francis Fletcher, Jeremiah Ralston, John D. 
Boon, Joseph Holman, Webley Hauxhurst, Jacob Conser. Alvin F. Waller, 
John Stewart, James R. Robb, Cyrus Olney, Asahel Bush, and Samuel 
Parker. 

Pilotage was established at the mouth of the Umpqua, and the office of 
wreck-master created for the several counties bordering on the sea-coast. S. 
S. Mann was appointed for Umpqua and Jackson, Thomas Goodwin for Clat- 
sop and Pacific, and Samuel B. Crockett for the coast north of Pacific county, 
to serve until these offices were filled by election. 

The First Methodist Church of Portland was incorporated January 25th, 
and the city of Portland on the 28th. A divorce law was passed at this ses- 



300 POLITICS AND PROGRESS. 

lamette River; $30,000 for opening a military road 
from Steilacoom to Fort Walla Walla; $40,000 for a 
military road from Scottsburg to Rogue River Valley; 
$15,000 to build alight-house at the mouth of the 
Umpqua; $15,000 for buoys at the entrance of that 
river; and $40,000 tu erect a fire-proof custom-house 
at that place. He was also instructed to have St 
Helen made a port of delivery; to have the surveyor 
general s office removed to Salem ; to procure an in 
crease in the number of members of council from nine 
to fifteen, and in the house of representatives from 
eighteen to thirty ; to ask for a military reconnoissance 
of the country between the Willamette Valley and 
Fort Boise; to procure the establishment of a mail 
route from Olympia to Port Townsend, with post- 
offices at Steilacoom, Seattle, and Port Townsend, 
with other routes and offices at Whiclby Island and the 
mouth of the Snohomish River; to urge the survey 
of the boundary line between California and Oregon ; 
to procure money for the continuance of the geologi 
cal survey which had been carried on for one year 
previous in Oregon territory; 7 to call the attention of 
congress to the manner in which the Pacific Mail 
Steamship Company violated their contract to carry 
the mail from Panama to Astoria; 8 and to endeavor 

sion, the first enacted in the territory, divorces hitherto having been granted 
by the legislature, which failed to inquire closely into the cause for com 
plaint. The law made impotency, adultery, bigamy, compulsion or fraud, 
wilful desertion for two years, conviction of felony, habitual drunkenness, 
gross cruelty, and failure to support the wife, one or all justification for sev 
ering the marriage tie. A later divorce law required three years abandon 
ment, not otherwise differing essentially from that of 1852-3. A large num 
ber of road acts were passed, showing the development of the country. 

7 In 1851 congress ordered a general reconnoissance from the Rocky Moun 
tains to the Pacific, to be performed by the geologists J. Evans, D. D. Owens, 
B. F. Shumard, and Norwood. It was useful in pointing out the location of 
various minerals used in the operations of commerce and manufacture, though 
most of the important discoveries have been made by the unlearned but prac 
tical miner. U. S. H. Ex. Doc., 2, pt ii. 7, 32d cong. 1 sess.; U. 8. Sen. Com. 
Kept, 177, 1-3, 6, 3Gth cong. 1st sess.; Or. Spectator, Nov. 18, 1851; Olym- 
pia Columbian, Jan. 22, 1852. 

8 No steamship except the Fremont, and she only once, had ventured to 
cross the Umpqua bar. From 1851 to 1858 the following vessels were lost 
on the southern coast of Oregon: At or near the mouth of the Umpqua, the 
Boxtonian, Caleb Curtis, Roanoke, Achilles, Nassau, Almira, Fawn, and Loo- 
Choo; and at or near the entrance of Coos Bay the Cyclops^ Jackson, and two 



EMIGRANT ROAD. 301 

to have the salary of the postmaster at that place 
raised to one thousand dollars. 

This was a formidable amount of work for a single 
delegate, but Lane was equal to the undertaking. And 
here I will briefly review the congressional labors of 
Thurston s successor, who had won a lasting place in 
the esteem and confidence of his constituency by using 
his influence in favor of so amending the organic, law 
as to permit the people to elect their own governor 
and judges, and when the measure failed, by sustaining 
the action of the legislature in the location of the seat 
of government. 

Lane was always en rapport with the democracy 
of the territory; and while possessing less mind, less 
intellectual force and ability, and proceeding with less 
foresight than Thurston, he made a better impression 
in congress with his more superficial accomplishments, 
by his frankness, activity, and a certain gallantry and 
bonhomie natural to him. 9 His first work in con 
gress was in procuring the amendment to Thurston s 
bill to settle the Cayuse war accounts, which author 
ized the payment of the amount already found due by 
the commissioners appointed by the legislature of 
1850-1, amounting to $73,000. 10 

Among the charges brought against Governor 
Games was that of re-auditing and changing the 
values of the certificates of the commissioners ap- 

others. In 1858 the Emily Packard was wrecked at Shoalwater Bay. When 
Gov. Curry in 1855-6 addressed a communication to the secretary of the U. 
S. treasury, reminding him that an appropriation had been made for light 
houses and fog-signals at the Umpqua and Columbia rivers, but that none of 
these aids to commerce had been received, Guthrie replied that there was no 
immediate need of them at the Umpqua or at Shoalwater Bay, as not more 
than one vessel in a month visited either place ! Perhaps there would have 
boen more vessels had there been more light-houses. In Dec. 1856 the light 
house at Cape Disappointment was completed, and in 1857 those at Cape 
Flattery, New Dungeness, and Umpqua; but the latter was undermined by 
the sea, being set upon the sands. 

9 There is a flattering biography of Lane, published in Washington in 
1852, with the design of forwarding his political aspirations with the national 
democratic convention which met in Baltimore in June of that year. 

10 U. S. H. Jour., 1059, 1224, 32d cong. 1st sess. ; U. S. Laws, in Cong. Globe, 
1851-52, pt iii. ix.; U. S. H. Jour., 387, 33d cong. 1st sess.; Or. Statesman, 
July 10, 1852. 



302 POLITICS AXD PROGRESS. 

pointed by the legislature to audit the Cayuse war 
claims, and of retaining the warrants forwarded to 
him for delivery, to be used for political purposes. 
Lane had a different way of making the war claims 
profitable to himself. Gaines was informed from 
Washington that the report of the territorial commis 
sioners would be the guide in the future adjustment 
of the Cayuse accounts. Lane procured the passage 
of an amendment to the former enactments on this 
subject, which made up the deficiency occasioned by 
the alteration of the certificates; and the different 
manner of making political capital out of the war claims 
commended the delegate to the affections of the peo 
ple. 11 The 33d congress concluded the business of 
the Cayuse war by appropriating $75,000 to pay its 
remaining expenses. 12 

Lane urged the establishment of mail routes through 
the territory, and the better performance of the mail 
service; but although congress had appropriated in 
1852 over $348,000 for the ocean mail service on the 
Pacific coast, 13 Oregon still justly complained that less 
than the right proportion was expended in carrying 
the mails north of San Francisco. The appropriations 
for the various branches of the public service in Ore 
gon for 1852, besides mail-carrying, amounted to 
$78,300, and Lane collected about $800 more from 
the government to pay for taking the census of 1850. 
He also procured the passage of a bill authorizing the 
president to designate places for ports of entry and 
delivery for the collection districts of Puget Sound 
and Umpqua, instead of those already established, and 
increasing the salary of the collector at Astoria to 
$3,000; but he failed to secure additional collection 
districts, as had been prayed for by the legislature. 

"Or. Statesman, May 14, 1853; Letter of Gaines, in Id., Feb. 26, 1863; 
Cong. Globe, 1853, app. 341; U. S. H. Com. Rept, 122, vol. ii. 4-5, 32d cong. 
1st sess. 

12 U. S. H. Ex. Doc. 45, 33d cong. 1st sess.; U. S. H. Com. Kept, 122, 
33d cong. 1st sess.; Cong. Globe, 1853-4, 2239, 33d cong. 1st sess. 

13 U. S. Laws, in Cong. Globe, 1851-2, pt iii. xxix. 



MATTERS IX CONGRESS. 303 

He also introduced a bill granting bounty land to the 
officers and soldiers of the Cayuse war, which failed as 
first presented, but succeeded at a subsequent ses 



sion. 14 



A measure in which Lane, with his genius for mil 
itary affairs, was earnestly engaged, was one for the 
protection of the Oregon settlers and immigrants from 
Indian depredations. Early in February 1852 he of 
fered a resolution in the house that the president 
should be requested to communicate to that body 
what steps if any had been taken to secure the 
safety of the immigration, and in case none had 
been taken, that he should cause a regiment of 
mounted riflemen to be placed on duty in Rogue 
River Valley, and on the road between The Dalles and 
Fort Hall. 15 In the debate which followed, Lane was 
reproved for directing the president how to dispose of 
the army, and told that the matter could go before 
the military committee; to which he replied that 
there was no time for the ordinary routine, that the 
immigration would soon be upon the road, and that 
the regiment of mounted riflemen belonged of rierht 

o o o 

to Oregon, having been raised for that territory. But 
he was met with the statement that his predecessor 
Thurston had declared the regiment unnecessary, and 
had asked its withdrawal in the name of the Oregon 

Q 

people; 11 to which Lane replied that Thurston might 
have so believed, but that although in the inhabited 
portion of the territory the people might be able to 
defend themselves, there was no protection for those 

14 Speech of Brooks of N. Y., in Cong. Globe, 1851-52, 627. Failing to 
have Oregon embraced in the benefits of this bill, Lane introduced his own, 
as has been said, and lost it. But at the 2d session of the 33d congress a 
bounty land bill was passed, which by his exertions was made to cover any 
wars in which volunteer troops had been regularly enrolled since 1790. Ba- 
con s Merc. Life, MS., 16. 

15 Cong. Globe, 1851-2, 507. 

6 The secretary of war writes Gaines : All accounts concur in representing 
the Indians of that region as neither numerous nor warlike. The late del- 
legate to congress, Mr Thurston, confirmed this account, and represented that 
some ill feeling had sprung up between the troops and the people of the ter 
ritory, and that the latter desired their removal. Or. Spectator, Aug. 12, 
1851. 



304 POLITICS AND PROGRESS. 

travelling upon the road several hundred miles from 
the settlements, and cited the occurrences of 1851 in 
the Shoshone country. His resolution was laid on 
the table, but in the mean time he obtained an assur 
ance from the secretary of war that troops should be 
placed along the overland route in time to protect 
the travel of 1852. 17 On the 8th of April Lane pre 
sented a petition in his own name, as a citizen of Or 
egon, praying for arms and ammunition to be placed 
by the government in the hands of the people for 
their defence against the savages; hoping, if no other 
measure was adopted, Thurston s plan, which had 
gained the favorable attention of congress, might be 
carried into effect. At the same time Senator Doug 
las, who was ever ready to assist the representatives 
of the Pacific coast, reported a bill for the protection 
of the overland route, 18 which was opposed because it 
would bring with it the discussion of the Pacific rail 
road question, for which congress was not prepared, 
and which it was at that time anxious to avoid. The 
bill was postponed, Lane s efforts for the protection 
of the territory being partly successful, as the chapter 
following will show. 

The reconnoissance from the Willamette Valley to 
Fort Boise which the legislature asked for was de 
signed not only to hold the Indians in check, but to 
explore that portion of Oregon lying to the east of 
the head waters of the Willamette with a view to 
opening a road directly from Boise to the head of the 
valley, complaint having been made that the legisla 
ture had not sufficiently interested itself hitherto in 
explorations for wagon routes. But no troops came 
overland this year, and it was left, as before, for the 

17 At the same time Senator Gwin of California had a bill before the sen 
ate to provide for the better protection of the people of California and Ore 
gon. Cong. Globe, vol. xxiv., pti. p. 471, 32d cong. 1st sess.; Or. Statesman, 
April 6, 1852. 

18 Cong. Globe, 1851-2, 1684. 



MILITARY ROADS. 305 

immigrations to open new routes, with the usual 
amount of peril and suffering. 19 

Appropriations for military roads, which were asked 
for by the legislature of 1852-3, had already been 
urged by Lane at the first session of the 32d congress, 
and were obtained at the second session, to the amount 
of forty thousand dollars; twenty thousand to con 
struct a military road from Steilacoom to Walla Wal 
la, 20 arid twenty thousand for the improvement of the 
road from the Umpqua Valley to Rogue River. 21 

19 The legislature of 1851-2 authorized a company of seven men, William 
Macey, John Diamond, W. T. Walker, William Tandy, Alexander King, 
Joseph Meadows, and J. Clarke, to explore an immigrant road from the up 
per part of the Willamette Valley to Fort Boise", expending something over 
$3.000 in the enterprise. They proceeded by the middle branch of the river, 
by what is now known as the Diamond Peak pass, to the summit of the Cascade 
Mountains. They named the peak to the south of their route Macey, now 
called Scott peak; and that on the north Diamond peak. They followed 
down a small stream to its junction with Des Chutes River, naming the 
mountains which here cross the country from south-west to north-east the 
Walker Range, and down Des Chutes to Crooked River, from which they 
travelled east to the head of Malheur River, naming the butte which here 
seems to terminate the Blue Range, King peak. After passing this peak they 
were attacked by Indians, who wounded three of the party and captured 
their baggage, when they wandered for 8 days with only wild berries to eat, 
coming to the old immigrant road 60 miles from Boise", and returning to the 
Willamette by this route. Or. Jour. Council, 1852-3, app. 13-15. Another 
company was sent out in -1853 to improve the trail marked out by the first, 
which they did so hastily and imperfectly that about 1,500 people who took 
the new route were lost for five weeks among the mountains, marshes, and 
deserts of the region about the head waters of the Des Chutes, repeating the 
experiences in a great measure of the lost immigrants of 1845. No lives 
were lost, but many thousand dollars worth of property -was sacrificed. Or. 
Statesman, Nov. 1, 1853, May 16, 1854; Albany Register, Aug. 21, 1869. I 
have before me a manuscript by Mrs Rowena Nichols, entitled Indian Af 
fairs. It relates chiefly to the Indian wars of southern and eastern Oregon, 
though treating also of other matters. Mrs Nichols was but 2| years old when 
with her mother and grandmother she passed through this experience. She, 
and one other child, a boy, lived on the milk of a cow which their elders 
managed to keep alive during about six weeks, being unable to eat the beef 
of starving oxen, like their elders. The immigration of this year amounted 
to 6,480 men, women, and children, much less than that of 1852. T. Mercer, 
in Washington Sketches, MS., 1; Hines Or., 209; 0/ympia Columbian, Nov. 
27, 1852; 8. F. Alfa, Aug. 16, Sept. 19, Oct. 7, 8, 24, and 25, and Nov. 21, 
1853; S. F. D. Herald, Aug. 31, 1852; Or. Statesman, Oct. 4 and Nov. 1, 
1853; Olympia Columbian, Nov. 26, 1853. 

20 Evans in his Puyallup address says: Congress having made an appro 
priation for a military road between Fort Walla Walla and Fort Steilacoom, 
Lieut Richard Arnold was assigned the duty of expending it. He avoided 
that mountain beyond Greenwater, but in the main adopted the work of the 
immigrants of 18o3. The money was exhausted in completing their road. 
He asked in vain that the labors of the citizens should be requited. New Ta- 
coma Ledger, July 9, 1880. This road was opened in 1854 for travel. 

21 This road was surveyed in 1853 by B. AJvord, assisted by Jesse Apple- 
HIST. OB., VOL. 11. 20 



306 POLITICS AND PROGRESS. 

After his re-election, Lane secured another twenty- 
thousand-dollar appropriation to build the road asked 
for by the legislature, from Scottsburg to connect 
with the former road to Rogue River, 22 besides other 
appropriations sufficient to justify his boast that he 
had obtained more money for his territory than any 
other delegate had ever done. 23 

I have already spoken of the division of the ter 
ritory according to the petitions of the inhabitants of 
tlie territory north of the Columbia, and a memorial 
of the legislature of 1852-3. This measure also 
Lane advocated, upon the ground that the existing 
territory of Oregon was of too great an area, and en 
couraged the democratic party in Oregon to persist 
in memorializing congress to remove the obnoxious 
federal officers appointed by a whig president. 24 

The spring of 1853 brought the long-hoped-for 
change in the federal appointments of the territory. 
Two weeks after the inauguration of Pierce as presi 
dent, Lane wrote his friends in Oregon that all the 

gate. It was thought that a route might be found which would avoid the 
Umpqua canon; but after expending one quarter of the appropriation in sur 
veying, the remainder was applied to improving the canon and the Grave 
Creek hills. The contracts were let to Lindsay Applegate and Jesse Roberts. 
Cong. Globe, 1852-3, app. 332; Or. Statesman, Nov. 8, 1853. 

2 The survey of this road was begun in October 1854, by Lieut Withers, 
U. S. A., and completed, after another appropriation had been obtained, in 
1858, by Col. Joseph Hooker, then employed by Capt. Mendall of the topo 
graphical engineers. Hooker was born in Hadley, Mass., in 1819, graduated 
at West Point in 1837; was adjutant at that post in 1841, and regimental ad 
jutant in 1846. He rose to the rank of brevet colonel in the Mexican war, 
after which he resigned and went to farming in Sonoma County, Cal., in 
1853, losing all his savings. When the civil war broke out he was living in 
Rogue River Valley, and at once offered his services to the government, and 
made an honorable record. He died at Garden City, Long Island, in October 
1879. Or. Statesman, June 3, 1861, and Aug. 18, 1862; Bowies Far West, 453; 
S. F. Bulletin, Nov. 1, 1879. 

23 Lane s Autobiography, MS., 131. For his territory, and not for himself. 
Lane s ambition was for glory, and not for money. He did compel congress 
to amend the organic act which gave the delegate from Oregon only $2,500 
mileage, and to give him the same mileage enjoyed by the California senators 
and representatives, according to the law of 1818 on this subject. In the de 
bate it came out that Thurston had received $900 over the legal sum, by 
what authority the committee were unable to learn. Cong. Globe, 1851-2, 

1377. 

21 The territorial officers chosen by the assembly were A. Bush, printer; 
.L. E. Grover, auditor; C. N. Terry, librarian; J. D. Boon, treasurer. 



DISTRICTS AND JUDGES. 307 

former incumbents of the federal offices were dis 
placed except Pratt, and lie was made chief justice, 
with Matthew P. Deady and Cyrus Olney 25 as asso 
ciates. Before the confirmation of the appointments 
Judge Pratt s name was withdrawn and Oregon thus 
lost an able and pure chief justice, 2 * and that of 
George H. Williams," a judge in Keokuk, Iowa, 
substituted. 

With regard to the other judges, both residents of 
Oregon, it was said that Lane procured the appoint 
ment of Deady in order to have him out of his way 
a few months later. But Deady was well worthy of 
the position, and had earned it fairly. The appoint 
ments were well received in Oregon, and the judges 
opened courts in their respective districts under fa 
vorable circumstances, Deady in the southern, Olney 
in the northern, and Williams in the central counties. 
But in October it began to be rumored that a new 
appointment had been made for a judgeship in Ore 
gon; to what place remained unknown for several 
weeks, when 0. B. McFadden, of Pennsylvania, ap 
peared in Oregon and claimed the 1st district, upon 
the ground that in making out Deady s commission a 
mistake in the name had been made, and that there- 

25 Olney was a native of Ohio, studied law and was admitted to practice 
in Cincinnati, removing after a few years to Iowa, where he was circuit 
judge, and whence he emigrated to Oregon in 1851. He resided at different 
times in Salem, Portland, and Astoria. He was twice a member of the legis 
lature, and helped to frame the state constitution. He was twice married, 
and had 7 children, none of whom survived him. He died at Astoria Dec. 
28, 1870. 

^The withdrawal of Pratt was a loss to Oregon. He laid the founda 
tion of the judiciary in the state. An able and conscientious official. 

27 George H. Williams was born in Columbia County, N. Y., March 2, 
1823. He received an academic education, and began the practice of law at 
an early age in Iowa, where he was soon elected judge of the circuit court. 
His circuit included the once famous Half-breed Tract, and the settlers elected 
him in the hope that he would decide their titles to the land to be good; but 
he disappointed them, and was not reflected. In the presidential campaign 
of 1852, he canvassed Iowa for Pierce, and was chosen one of the electors to 
carry the vote of the state to Washington. While there he obtained the 
appointment of chief justice, and removed to Oregon the following year. 
He retained this position till 1859, when the state was admitted. In person 
tall, angular, and awkward, yet withal fine-looking, he possessed brain 
power and force, and was even sometimes eloquent as a speaker. Corr. S. f. 
Bulletin, in Portland Oreyonian, Oct. 8, 1864. 



308 POLITICS AND PROGRESS. 

fore he was not duly commissioned. On this flimsy 
pretence, by whom suggested was not known, 28 Deady 
was unseated and McFadden 29 took his place. Being 
regarded as a usurper by the majority of the democ 
racy, McFadden was not popular. With his official 
acts there was no fault to be found; but by public 
meetings and otherwise Lane was given to under 
stand that Oregon wanted her own men for judges, 
and not imported stock. Accordingly, after holding 
one term in the southern district, before the spring 
came McFadden was transferred to Washington Ter 
ritory, and Deady reinstated. From this time for 
ward there was no more appointing of non-resident 
judges with every change of administration at Wash 
ington. The legislature of 18534 once more redis- 
tricted the territory, making Marion, Linn, Lane, 
Benton, and Polk constitute the 1st district; Clat- 
sop, Washington, Yamhill, and Clackamas the 2d; 
and the southern counties the 3d and peace reigned 
thenceforward among the judiciary. 

As if to crown this triumph of the Oregon democ 
racy, Lane, whose term as delegate expired with the 
32d congress, was returned to Oregon as governor, 
removing Gaines as Gaines had removed him. 30 
Lane s popularity at this time throughout the west 
ern and south-western states, whence came the mass 
of the emigration to Oregon, was unquestioned. He 
was denominated the Marius of the Mexican war, 31 
the Cincinnatus of Indiana, and even his proceedings 

28 Lane was accused, as I have said, of recommending Deady to prevent his 
running for delegate, which was fair enough ; but it was further alleged that 
he planned the error in the name, and the removal which followed, for which 
there does not appear honorable motive. 

M 0badiah B. McFadden was born in Washington county, Penn.jNov. 18, 
1817. He studied law, and was admitted to practice in 1842, and in 1843 was 
elected to the state legislature. In 1845 he was chosen clerk of the court of 
common pleas of his county, and in 1853 was appointed by President Pierce 
associate justice of the sup. ct for the territory of Oregon. Olympia Echo, 
July 1, 1875. 

30 In his Autobiography, MS., 58, Lane remarks: I took care to have 
Gaines removed as a kind of compliment to me 

^Jenkins* History of the War with Mexico, 49& 



CONGRESSIONAL ELECTION. 309 

with regard to the Rogue River Indians were paraded 
as brilliant exploits to make political capital. There was 
an ingenuous vanity about his public and private acts, 
and a happy self-confidence, mingled with a flattering 
deference to some and an air of dignity toward others, 
which made him the hero of certain circles in Washing 
ton, as well as the pride of his constituency. It was 
with acclaim therefore that he was welcomed back to 
Oregon as governor, bringing with him his wife, chil 
dren, and relatives, to the number of twenty-nine, that 
it might not be said of him that he was a non-resident 
of the territory. He had taken pains besides to have 
all the United States officers in Oregon, from the sec 
retary, George L. Curry, to the surveyors of the ports, 
appointed from the residents of the territory. 32 

Lane arrived in Oregon on the 16th of May, and 
on the 19th he had resigned the office of governor to 
become a candidate for the seat in congress he had 
just vacated. The programme had been arranged be 
forehand, and his name placed at the head of the 
democratic ticket a month before his return. The 
opposing candidate was Indian Agent A. A. Skinner, 
Lane s superior in many respects, and a man every way 
fitted for the position. 33 The organization of political 

32 B. F. Harding was made U. S. attorney; J. W. Nesmith, U. S. mar 
shal; Joel Palmer, supt Indian affairs; John Adair, collector at Astoria; A. 
C. Gibbs, collector at Umpqua; Win M King, port surveyor, Portland; Rob 
ert W. Dunbar, port surveyor, Milwaukie; P. G. Stewart, port surveyor, 
Pacific City; and A. L. Lovejoy, postal agent. A. C. Gibbs superseded 
Colin Wilson, the first collector at Umpqua. The surveyors of ports re 
moved were Thomas J. Dryer, Portland; G. P. Newell, Pacific City; N. Du 
Bois, Milwaukie. Or. Statesman, April 30, 1833. 

J3 Alonzo A. Skinner was born in Portage co., Ohio, in 1814. He received 
a good education, and was admitted to the bar in 1840, and in 1842 settled 
in Putnam co. , where he was elected prosecuting attorney, his commission 
being signed by Thomas Corwin. In 1 845 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 llogue River Valley, and removed 
from Oregon City to southern Oregon. Being a whig, and the territory over 
whelmingly democratic, he was beaten in a contest for the delegateship of 
Oregon in 1853, Lane being the successful candidate. After the expiration 
of his term of office as Indian agent, he returned to Eugene City, which was 
founded by Eugene F. Skinner, where he married Eliza Lincoln, one of the 



310 POLITICS AND PROGRESS. 

parties, on national as well as local issues, began with, 
the contest between Lane and Skinner for the place 
as delegate, by the advice of Lane, and with all the 
ardor of the Salem clique of partisan democrats, whose 
mouth-piece was the Oregon Statesman. The canvass 
was a warm one, with all the chances in favor of Lane, 
who could easily gain the favor of even the whigs of 
southern Oregon by fighting Indians, whereas Skinner 
was not a fighting man. The whole vote cast at the 
election of 1853 was 7,486, and Lane s majority was 
1,575, large enough to be satisfactory, yet showing 
that there was a power to be feared in the people s 
party, as the opponents of democratic rule now styled 
their organization. 

As soon as the result became known, Lane repaired 
to his land claim near Roseburg, and began building 
a residence for his family. 34 But before he had made 
much progress, he was called to take part in subduing 
an outbreak among the natives of Rogue River Val 
ley and vicinity, which will be the subject of the next 
chapter. Having distinguished himself afresh as gen 
eral of the Oregon volunteers, he returned to Wash 
ington in October to resume his congressional labors. 

worthy and accomplished women sent out to Oregon as teachers by Governor 
Slade. On the death of Riley E. Stratton, in 1866, he was appointed by Gov 
ernor Woods to fill the vacancy on the bench of the sup. ct. On retiring 
from this position he removed to Coos co., and was appointed collector of 
customs for the port of Coos Bay, about 1870. He died in April 1877, at 
Santa Cruz, Cal., whither he had gone for health. Judge Skinner was an oid- 
style gentleman, generous, affable, courteous, with a dignity which put vul 
gar familiarity at a distance. If he did not inscribe his name highest on the 
roll of fame, he left to his family and country that which is of greater value, 
the memory of an upright and noble life. See Portland Oregonian, Oct. 1 877. 
34 I had determined to locate in the Umpqua Valley, on account of the 
scenery, the grass, and the water. It just suited my taste. Instead of in 
vesting in Portland and making my fortune, I wanted to please my fancy. 
Lane s Aiitobiographi/, MS., 63. Gaines also took a claim about ten miles 
from Salem. Or. Statesman, June 28, 1853. 



CHAPTER XII. 

ROGUE RIVER WAR. 

1853-1854. 

IMPOSITIONS AND RETALIATIONS OUTRAGES BY WHITE MEN AND INDIANS 
THE MILITARY CALLED UPON WAR DECLARED SUSPENSION OF BUSI 
NESS ROADS BLOCKADED FIRING FROM AMBUSH ALDEN AT TABLE 
ROCK LANE IN COMMAND BATTLE THE SAVAGES SUE FOR PEACE 
ARMISTICE PRELIMINARY AGREEMENT HOSTAGES GIVEN ANOTHPH 
TREATY WITH THE ROGUE RIVER PEOPLE STIPULATIONS OTHER 
TREATIES COST OF THE WAR. 

NOTWITHSTANDING the treaty entered into > as I have 
related, by certain chiefs of Rogue River in the sum 
mer of 1852, hostilities had not altogether ceased, 
although conducted less openly than before. With 
such a rough element in their country as these min 
ers and settlers, many of them bloody-minded and un 
principled men, and most of them holding the opinion 
that it was right and altogether proper that the 
natives should be killed, it was impossible to have 
peace. The white men, many of them, did not want 
peace. The quicker the country was rid of the red 
skin vermin the better, they said. And in carrying 
out their determination, they often outdid the savage 
in savagery. 

There was a sub-chief, called Taylor by white men, 
who ranged the country about Grave Creek, a north 
ern tributary of Rogue River," who was specially 
hated, having killed a party of seven during a winter 
storm and reported them drowned. He committed 
other depredations upon small parties passing over 

(311) 



312 ROGUE RIVEB. WAR. 

the road. 1 It was believed, also, that white women 
were prisoners among the Indians near Table Rock, 
a rumor arising probably from the vague reports of 
the captivity of two white girls near Klamath Lake. 

Excited by what they knew and what they imag 
ined, about the 1st of June, 1853, a party from 
Jacksonville and vicinity took Taylor with three 
others and hanged them. Then they went to Table 
Hock to rescue the alleged captive white women, and 
finding none, they fired into a village of natives, kill 
ing six, then went their way to get drunk and boast 
of their brave deeds. 2 

There was present neither Indian agent nor mili 
tary officer to prevent the outrages on either side. 
The new superintendent, Palmer, was hardly installed 
in office, and had at his command but one agent, 3 
whom he despatched with the company raised to open 
the middle route over the Cascade Mountains. As 
to troops, the 4th infantry had been sent to the north 
west coast in the preceding September, but were so 
distributed that no companies were within reach of 
Rogue River. 4 As might have been expected, a few 
weeks after the exploits of the Jacksonville com 
pany, the settlements were suddenly attacked, and 
a bloody carnival followed. 5 Volunteer companies 
quickly gathered up the isolated families and patrolled 

1 Drew, in Or. Jour. Council, 1857-8, app. 26; Or. Statesman, June 28, 
1853; Jacksonville Sentinel, May 25, 1867; DoweWs Nar., MS., 5-6. 

2 Let our motto be extermination, cries the editor of the Yreka Herald, 
and death to all opposers. See also S. F. Alta, June 14, 1853; Jacksonville 
Sentinel, May 25, 1867. The leaders of the company were Bates and Two- 
good. 

3 This was J. M. Garrison. Other appointments arrived soon after, 
designating Samuel H. Culver and R. R. Thompson. J. L. Parrish was 
retained as sub-agent. Rept of Supt Palmer, in U. S. H. Ex. Doc., i., vol. 
i. pt. i. 448, 33d cong. 1st sess. 

4 Five companies were stationed at Columbia barracks, Fort Vancouver, 
one at Fort Steilacoom, one at the mouth of Umpqua River, two at Port Or- 
ford, and one at Humboldt Bay. Cal. MIL A/. Scraps, 13-14; Or. States 
man, Sept. 4, 1852. 

5 August 4th, Richard Edwards was killed. August 5th, next night, 
Thomas" J. Mills and Rhodes Noland were killed, and one Davis and Burril 
F. Griffin were wounded. Ten houses were burned between Jacksonville 
and W. G. T Vault s place, known as the Dardanelles, a distance of ten 
miles. 



GATHERING OF VOLUNTEERS. 313 

the country, occasionally being fired at by the con 
cealed foe. 6 A petition was addressed to Captain Al- 
den, in command of Fort Jones in Scott Valley, 
asking for arms and ammunition. Alden immediately 
came forward with twelve men. Isaac Hill, with a 
small company, kept guard at Ashland. 7 

On the 7th of June, Hill attacked some Indians 
five miles from Ashland, and killed six of them. In 
return, the Indians on the 17th surprised an immi 
grant camp and killed and wounded several. 8 The 
houses everywhere were now fortified; business was 
suspended, and every available man started out to 
hunt Indians. 9 

On the 15th S. Ettinger was sent to Salem with 
a request to Governor Curry for a requisition on 
Colonel Bonneville, in command at Vancouver, for a 
howitzer, rifles, and ammunition, which was granted. 
With the howitzer went Lieutenant Kautz and six 
artillerymen; and as escort forty volunteers, officered 
by J. W. Nesmith captain, L. F. Grover 1st lieu 
tenant, W. K. Beale 2d lieutenant, J. D. McCurdy 
surgeon, J. M. Crooks orderly sergeant. 10 Over two 
hundred volunteers were enrolled in two companies, 
and the chief command was given to Alden. From 
Yreka there were also eighty volunteers, under Cap- 

6 Thus were killed John R. Hardin and Dr Rose, both prominent citizens 
of Jackson county. Or. Statesman, Aug. 23, 1853. 

7 The men were quartered at the houses of Frederick Alberding and Pat 
rick Dunn. Their names, so far as I know, besides Alberding and Dunn, 
were Thomas Smith, William Taylor, and Andrew B. Carter. The names 
of settlers who were gathered in at this place were Frederick Heber and 
wife; Robert Wright and wife; Samuel Grubb, wife and five children ; Will 
iam Taylor, R. B. Hagardine, John Gibbs, M. B. Morris, R. Tungate, Morris 
Howell. On the 13th of Aug. they were joined by an immigrant party just 
arrived, consisting of A. G. Fordycc, wife and three children, J. Kennedy, 
Hugh Smith, Brice Whitmore, Ira Arrowsmith, William Hodgkins, wife and 
three children, all of Iowa, and George Barnett of Illinois. Scraps of Southern 
Or. Hist., in Ashland Tidiixjs, Sept. 27, 1878. 

8 Hugh Smith and John Gibbs were killed; William Hodgkins, Brice Whit 
man, A. G. Fordyce, and M. B. Morris wounded. 

9 Duncan s Southern Or., MS., 8, says: The enraged populace began to 
slaughter right and left. Martin Angell, from his own door, shot an Indian. 
Or. Statesman, Aug. 23, 1853. 

10 Graver s Pub. Life in Or., MS., 29; Or. Statesman, Aug. 23, 30, 1853. 



314 ROGUE RIVER WAR. 

tain Goodall. By the 9th of August, both Nesmith 
and the Indian superintendent were at Yoncalla. 

Fighters were plenty, but they were without sub 
sistence. Alden appointed a board of military com 
missioners to constitute a general department of sup 
ply. 11 Learning that the Indians were in force near 
Table Rock, Alden planned an attack for the night of 
the llth; but in the mean time information came that 
the Indians were in the valley killing and burning right 
and left. Without waiting for officers or orders, away 
rushed the volunteers to the defence of their homes, 
and for several days the white men scoured the 
country in small bands in pursuit of the foe. Sam, 
the war chief of Rogue River, now approached the 
volunteer camp and offered battle. Alden, having 
once more collected his forces, made a movement on 
the 15th to dislodge the enemy, supposed to be en 
camped in a bushy canon five miles north of Table 
Rock, but whom he found to have changed their po 
sition to some unknown place of concealment. Fol 
lowing their trail was exceedingly difficult, as the 
savages had fired the woods behind them, which ob 
literated it, filled the atmosphere with smoke and 
heat, and made progress dangerous. It was not until 
the morning of the 17th that Lieutenant Ely of the 
Yreka company discovered the Indians on Evans 
Creek, ten miles north of their last encampment. 
Having but twenty-five men, and the main force hav 
ing returned to Camp Stuart for supplies, Ely fell 
back to an open piece of ground, crossed by creek 
channels lined with bunches of willows, where, after 
sending a messenger to headquarters for reinforce 
ments, he halted. But before the other companies 
could come up, he was discovered by Sam, who has 
tened to attack him. 

Advancing along the gullies and behind the willows, 
the Indians opened fire, killing two men at the first 

11 George Dart, Edward Shell, L. A. Loomis, and Richard Dugan consti 
tuted the commission. 



BATTLE NEAR TABLE ROCK. 315 

discharge. The company retreated for shelter, as 
rapidly as possible, to a pine ridge a quarter of a mile 
away, but the savages soon flanked and surrounded 
them. The fight continued for three and a half 
hours, Ely having four more men killed and four 
wounded. 12 Goodall with the remainder of his com 
pany then came up, and the Indians retreated. 

On the 21st, and before Alden was ready to move, 
Lane arrived with a small force from Roseburg. 13 The 
command was tendered to Lane, who accepted it. 14 

A battalion under Ross was now directed to pro 
ceed up Evans Creek to a designated rendezvous, while 
two companies, captains Goodall and Rhodes, under 
Alden with Lane at their head, marched by the way 
of Table Rock. The first day brought Alden s com 
mand fifteen miles beyond Table Rock without hav 
ing discovered the enemy ; the second day they passed 
over a broken country enveloped in clouds of smoke; 
the third day they made camp at the eastern base of 
a rocky ridge between Evans Creek and a small stream 
farther up Rogue River. On the morning of the fourth 
day scouts reported the Indian trail, and a road to it 
was made by cutting a passage for the horses through 
a thicket. 

Between nine and ten o clock, Lane, riding in ad 
vance along the trail which here was quite broad, 
heard a gun fired and distinguished voices. The 
troops were halted on the summit of the ridge, and 

12 J. Shane, F. Keath, Frank Perry, A. Douglas, A. C. Colburn, and L. 
Locktirg were killed, and Lieut Ely, John Albin, James Carrol, and Z. Shutz 
wounded. Or. Statesman, Sept. 6, 1853; S. F. Alia, Aug. 28, 1853. 

13 Accompanying Lane were Pleasant Armstrong of Yamhill county, James 
Cluggage, who had been to the Umpqua Valley to enlist if possible the 
Klickitat Indians against the Rogue Rivers, but without success, and eleven 
others. See Lane s Autobiography, MS., 63. 

u Curry had commissioned Lane brigadier-general, and Nesmith, who had 
not yet arrived, was bearer of the commission, but this was unknown to either 
Alden or Lane at the time. Besides, Lane was a more experienced field-officer 
than Alden; but Capt. Cram, of the topographical engineers, subsequently 
blamed Alden, as well as the volunteers, because the command was given to 
Lane, while Aldeii, an army officer, was there to take it. U. S. H. Ex. Doc., 
114, p. 41, 35th cong. 2d sess.; U. Ex. Doc., i., pt ii. 42, 33d cong. 1st sess. 



316 ROGUE RIVER WAR. 

ordered to dismount in silence and tie their horses. 
When all were ready, Alden with Goodall s company 
was directed to proceed on foot along the trail and 
attack the Indians in front, while Rhodes with his 
men took a rid^e to the left to turn the enemy s flank, 

V 

Lane waiting for the rear guard to come up, whom he 
intended to lead into action. 15 

The first intimation the Indians had that they were 
discovered was when Alden s command fired into 
their camp. Although completely surprised, they 
made a vigorous resistance, their camp being forti 
fied with logs, and well supplied with ammunition. 
To get at them it was necessary to charge through 
dense thickets, an operation both difficult and dan 
gerous from the opportunities offered of an am 
bush. Before Lane brought up the rear, Alden 
had been severely wounded, the general finding him 
lying in the arms of a sergeant. Lane then led a 
charge in person, and when within thirty yards of the 
enemy, was struck by a rifle-ball in his right arm near 
the shoulder. 

In the afternoon, the Indians called out for a 
parley, and desired peace; whereupon Lane ordered 
a suspension of firing, and sent Robert B. Metcalfe 
and James Bruce into their lines to learn what they 
had to say. Being told that their former friend, 
Lane, was in command, they desired an interview, 
which was granted. 

On going into their camp, Lane found many 
wounded; and they were burning their dead, as if 
fearful they would fall into the hands of the enemy. 
He was met by chief Jo, his namesake, and his., 
brothers Sam and Jim, who told him their hearts 
were sick of war, and that they would meet him seven 
days thereafter at Table Rock, when they would give 

15 In this expedition, W. G. T Vault acted as aid to Gen. Lane, C. Lewis, 
a volunteer captain, as asst adjutant-gen., but falling ill on the 29th, Capt. 
L. F. Mosher, who afterward married one of Lane s daughters, took his place. 
Mosher had belonged to the 4th Ohio volunteers. Lane s Kept in U. 8. //. 
Ex. Doc. i., pt ii. 40, 33d cong. 1st sess. 



ARMISTICE. 317 

up their arms, 16 make a treaty of peace, and place 
themselves under the protection of the Indian super 
intendent, who should be sent for to be present at the 
council. To this Lane agreed, taking a son of Jo as 
hostage, and returning to the volunteer encampment 
at the place of dismounting in the morning, where the 
wounded were being cared for and the dead being 
buried. 17 

The Ross battalion arrived too late for the fight, 
and having had a toilsome inarch were disappointed, 
and would have renewed the battle, but were restrained 
by Lane. Although for two days the camps were 
within four hundred yards of each other, the truce 
remained unbroken. During this interval the Indian 
women brought water for the wounded white men; 
and when the white men moved to camp, the red men 
furnished bearers for their litters. 18 I find no men 
tion made of any such humane or Christian conduct 
on the part of the superior race. 

On the 29th, both the white and red battalions 
moved slowly toward the valley, each wearing the 
appearance of confidence, though a strict watch was 
covertly kept on both sides. 19 The Indians established 
themselves for the time on a high piece of ground 
directly opposite the perpendicular cliffs of Table 
Rock, while Lane made his camp in the valley, in 
plain view from the Indian position, and about one 
mile distant, on the spot where Fort Lane was after 
ward located. 

They had 111 rifles and 86 pistols. S. F. Alta, Sept. 4, 1853. 

17 See Or. Statesman, Nov. 15, 1853. Among the slain was Pleasant Arm 
strong, brother of the author of Oregon, a descriptive work from which I have 
sometimes quoted. The latter says that as soon as the troops were away the 
remains of his brother were exhumed, and being cut to pieces were left to the 
wolves. Armstrong .<* Or., 52-3. John Scarborough and Isaac Bradley were 
also killed. The wounded were 5 in number, one of whom, Charles C. Abbe, 
afterward died of his wounds. The Indian loss was 8 killed and 20 wounded. 

18 Lane s Autobiography, MS., 96-7. 

[9 tiiskiyou County Affairs, MS., 2, 4-5; Minto s Early Days, MS., 46; Gro- 
vcr s Pub. Life, MS., 28-51; Brown s Salfm Dir., 1871, 33-5; Yreka Moun 
tain Herald, Sept. 24, 1853; Or. Statesman, Oct. 11, 1853; U. S. H. Ex. Doc., 
114, p. 41-2, 35th cong. 2d sess. ; Jarksonville Sentinel, July 1, 1867; Meteorol. 
Reg., 1853-4, 594; Nesmith s Reminiscences, in Trans. Or. Pioneer Asso., 1879, 
p. 44; Or. Statesman, Sept. 27, 1853. 



318 ROGUE RIVER WAR. 

The armistice continued inviolate so far as con 
cerned the volunteer army under Lane, and the Ind 
ians under Sam, Jo, and Jim. But hostilities were 
not suspended between independent companies rang 
ing the country and the Grave Creek and Apple- 
gate Creek Indians, and a band of Shastas under 
Tipso, whose haunts were in the Siskiyou Moun 
tains. 20 

A council, preliminary to a treaty, was held the 4th 
of September, when more hostages were given, and 
the next day Lane, with Smith, Palmer, Grover, and 
others, visited the Rogue River camp. The 8th was 
set for the treaty-making. On that day the white 
rnen presented themselves at the Indian encampment 
in good force and well armed. There had arrived, be 
sides, the company from the Willamette, with Kautz 
and his howitzer, 21 all of which had its effect to obtain 
their consent to terms which, although hard, the con 
dition of the w r hite settlers made imperative, 22 placing 

20 R. Williams killed 12 Indians and lost one man, Thomas Philips. 
Owens, on Grave Creek, under pledge of peace, got the Indians into his camp 
and shot them all. U. S. II. Ex. Doc., 99, p. 4, 33d cong. 1st sess. Again 
Williams surprised a party of Indians on Applegate Creek, and after induc 
ing them to lay down their arms shot 18 of them, etc. 

21 The Indians had news of the approach of the howitzer several days be 
fore it reached Rogue River. They said it was a hyas rifle, which took a 
hatful of powder for a load, and would shoot down a tree. It was an ob 
ject of great terror to the Indians, and they begged not to have it lired. 
Or. Statesman, Sept. 27, 1853. 

22 The treaty bound the Indians to reside permanently in a place to be set 
aside for them ; to give up their fire-arms to the agent put over them, except 
a few for hunting purposes, 17 guns in all ; to pay out of the sum received for 
their lands indemnity for property destroyed by them ; to forfeit all their 
annuities should they go to war again against the settlers; to notify the 
agent of other tribes entering the valley with warlike intent, and assist in 
expelling them ; to apply to the agent for redress whenever they suffered any 
grievances at the hands of the white people; to give up, in short, their en 
tire independence and become the wards of a government of which they knew 
nothing. 

The treaty of sale of their lands, concluded on the 10th, conveyed 
all the country claimed by them, which was bounded by a line beginning at 
a point near the mouth of Applegate Creek, running southerly to the summit 
of the Siskiyou Mountains, and along the summits of the Siskiyou and Cas 
cade mountains to the head waters of Rogue River, and down that stream to 
Jump Off Joe Creek, thence down said creek to a point due north of, and 
thence to, the place of beginning a temporary reservation being made of 
about 100 square miles on the north side of Rogue River, between Table 
and Evans Creek, embracing but ten or twelve square miles of arable 



COUNCIL AND TREATY. 319 

the conquered wholly in the power of the conquer 
ors, and in return for which they were to receive 
quasi benefits which they did not want, could not 
understand, and were better off without. A treaty 
was also made with the Cow Creek band of Umpquas, 
usually a quiet people, but affected by contact with 
the Grave Creek band of the Rogue River nation. 23 

land, the remainder being rough and mountainous, abounding in game, while 
the vicinity of Table Rock furnished their favorite edible roots. 

The United States agreed to pay for the whole Rogue River Valley thus 
sold the sum of $60,000, after deducting $15,000 for indemnity for losses of 
property by settlers; $5,000 of the remaining $45,000 to be expended in ag 
ricultural implements, blankets, clothing, and other goods deemed by the sup. 
most conducive to the welfare of the ludians, on or before the 1st day of 
September 1854, and for the payment of such permanent improvements as had 
been made on the land reserved by white claimants, the value of which 
should be ascertained by three persons appointed by the sup. to appraise them. 
The remaining $40,000 was to be paid in 16 equal annual instalments of 
$2,500 each, commencing on or about the 1st of September, 1854, in clothing, 
blankets, farming utensils, stock, and such other articles as would best meet 
the needs of the Indians. It was further agreed to erect at the expense of 
the government a dwelling-house for each of three principal chiefs, the cost of 
whicli should not exceed $500 each, which buildings should be put up as 
soon as practicable after the ratification of the treaty. When the Indians 
should be removed to another permanent reserve, buildings of equal value 
should be erected for the chiefs, and $15,000 additional should be paid to the 
tribe in five annual instalments, commencing at the expiration of the previ 
ous instalments. 

Other articles were added to the treaty, by which the Indians were bound 
to protect the agents or other persons sent by the U. S. to reside among 
them, and to refrain from molesting any white person passing through their 
reserves. It was agreed that no private revenges or retaliations should be 
indulged in on either side; that the chiefs should, on complaint being made 
to the Indian agent, deliver up the offender to be tried and punished, con 
formably to the laws of the U. S.; and also that on complaint of the Indians 
for any violation of law by white men against them, the latter should suffer 
the penalty of the law. 

The sacredness of property was equally secured on either side, the Ind 
ians promising to assist in recovering horses that had been or might be stolen 
by their people, and the United States promising indemnification for prop 
erty taken from them by the white men. And to prevent mischief being 
made by evil-disposed persons, the Indians were required to deliver up on 
the requisition of the U. S. authorities or the agents or sup. any white per 
son residing among them. The names appended to the treaty were Joel 
Palmer, superintendent of Indian affairs; Samuel H. Culver, Indian agent; 
Apserkahar (Jo), Toquahear (Sam), Anachaharah (Jim), John, and Lympe. 
The witnesses were Joseph Lane, Augustus V. Kautz, J. W. Nesmith, R. B. 
Metcalf, John (interpreter), J. D. Mason, and T. T. Tierney. Or. States 
man, Sept. 27, 1853; Nesmith s Reminiscences, in Trans. Or. Pioneer Asxo., 
1879, 46; Portland West Shore, May, 1879, 154-5; 8. F. Alta, Sept. 24, 1853; 
Palmer s Wagon Trains, MS., 50; Ind. Aff. Kept, 1856, 265-7; and 1865, 
469-71. 

23 The land purchased from the Cow Creek band was in extent about 800 
square miles, nearly one half of which was excellent farming land, and the 
remainder mountainous, with a good soil and fine timber. The price agreed 



320 ROGUE RIVER WAR. 

On the whole, the people of Rogue River behaved 
very well after the treaty. The settlers and miners 
in the Illinois Valley about the middle of October be 
ing troubled by incursions of the coast tribes, who had 
fled into the interior to escape the penalty of their 
depreciations on the beach miners about Crescent City, 
Lieutenant R. C. W. Radford was sent from Port 
Lane with a small detachment to chastise them. 
Finding them more numerous than was expected, 
Radford was compelled to send for reinforcements, 
which arriving under Lieutenant Caster on the 22d, 
a three days chase over a mountainous country brought 
them up with the marauders, when the troops had a 
skirmish with them, killing ten or more, and captur 
ing a considerable amount of property which had been 
stolen, but losing two men killed and four wounded. 

After this the miners hereabout took care of them 
selves, and made a treaty with that part of the Rogue 
River tribe, which was observed until January 1854, 
when a party of miners from Sailor Diggings, in their 
pursuit of an unknown band of robbers attacked the 
treaty Indians, some being killed on both sides; but 
the Indian agent being sent for, an explanation en 
sued, and peace was, temporarily restored. 

The Indian disturbances of 1853 in this part of Or 
egon, according to the report of the secretary of war, 24 
cost the lives of more than a hundred white persons 
and several hundred Indians. The expense was esti 
mated at $7,000 a day, or a total of $258,000, though 
the war lasted for little more than a month, and there 
had been in the field only from 200 to 500 men. 

In addition to the actual direct expense of the war 

upon was $12,000, two small houses, costing about $200, fencing and plowing 
a field of five acres, and furnishing the seed to sow it; the purchase money 
to be paid in annual instalments of goods. This sum was insignificant com 
pared to the value of the land, but bargains of this kind were graded by the 
number of persons in the band, the Cow Creeks being but few. Besides, 
Indian agen.s who intend to have their treaties ratified must get the best 
bargains that can be extorted from ignorance and need. 
" U. S. H. Ex. Doc., i., pt ii. 43, 33d cong. 1st sess. 



COST OF FIGHTING. 321 

was the loss by settlers, computed by a commission 
consisting of L. F. Grover, A. C. Gibbs, and G. H. 
Ambrose 25 to be little less than $46,000. Of this 
amount $17,800, including payment for the improve 
ments on the reserved lands, was deducted from the 
sum paid to the Indians for their lands, which left 
only $29,000 to be paid by congress, which claims, 
together with those of the volunteers, were finally 
settled on that basis. 26 

25 Portland Oregonian, Dec. 30, 1854; U. S. H. Ex. Doc., 65, 43d cong. 
2d sess. 

The names of the claimants on account of property destroyed, on which 
the Indian department paid a pro rata of 34.77 per cent out of the $15,000 
retained from the treaty appropriation for that purpose, were as follows, 
showing who were doing business, had settled, or were mining in the Rogue 
River Valley at this period: Daniel and Ephraim Raymond, Clinton Barney, 
David Evans, Martin Angell, Michael Brennan, Albert B. Jennison, William 
J. Newton, Wm Thompson, Henry Rowland, John W. Patrick, John R. 
Hardin, Pleasant W. Stone, Jeremiah Yarnel, Wm S. King, Cram, Rogers & 
Co., Edith M. Neekel, John Benjamin, David N. Birdseye, Lewis Rotherend, 
Mary Ann Hodgkins, George H. C. Taylor, John Markley, Sigmond Eulinger, 
James C. Tolman, Henry Ham, William M. Elliott, Silas and Edward Day, 
James Triplett, Nathan B. Lane, John Agy, James Bruce, James B. Fryer, 
Win G. F. Vank, Hall & Burpee, John Penneger, John E. Ross, John S. 
Miller, D. Irwin, Burrell B. Griffin, Traveena McComb, Wm N. Ballard, 
Freeman Smith, Nicholas Kohenstein, Daniel F. Fisher, Thomas D. Jewett, 
Sylvester Pease, David Hay hart, McGreer, Drury & Runnels, James Moouey, 
John Gheen, Theodosia Cameron, James Abrahams, Francis Nasarett, Gal 
ley & Oliver, T. B. Sanderson, Frederick Rosenstock, Dunn & Alluding, Asa 
G Fordyce, Obadiah D. Harris, James L. London, Samuel Grubb, Win 
Kahler, Samuel Williams, Hiram Niday, John Anderson, Elias Huntington, 
Shertack Abrahams, Thomas Frazell, Weller & Rose, Robert B. Metcalf, 
Charles Williams, John Swinden, James R. Davis, Isaac Woolen, Wm M. 
Hughs. Of the settlers on the reservation lands who brought claims were 
these: David Evans, Matthew G. Kennedy, John G. Cook, William Hutch- 
inson, Charles Grey, Robert B. Metcalf, Jacob Gall, George H. C. Taylor, 
John M. Silcott, James Lesly. Report of Supt Palmer, in U. S. H. Ex. Doc. t 
52, p. 3-5, 38th con^. 2d sess. 
HIBT. OB., VOL. II. 21 



CHAPTER XIII. 

LEGISLATION, MINING, AND SETTLEMENT. 

1853-1854. 

JOHN W. DAVIS AS GOVERNOR LEGISLATIVE PROCEEDINGS APPROPRIATIONS 
BY CONGRESS OREGON ACTS AND RESOLUTIONS AFFAIRS ON THE UMP- 
QUA LIGHT-HOUSE BUILDING BEACH MINING INDIAN DISTURBANCES 
PALMER S SUPERINTENDENCE SETTLEMENT OF Coos BAY EXPLORA 
TIONS AND MOUNTAIN -CLIMBING POLITICS OF THE PERIOD THE QUES 
TION OF STATE ORGANIZATION THE PEOPLE NOT READY HARD TIMES 
DECADENCE OF THE GOLD EPOCH RISE OF FARMING INTEREST SOME 
FIRST THINGS AGRICULTURAL SOCIETIES WOOLEN MILLS TELE 
GRAPHS RIVER AND OCEAN SHIPPING INTEREST AND DISASTERS WARD 
MASSACRE MILITARY SITUATION. 

LATE in October 1853 intelligence was received in 
Oregon of the appointment of John W. Davis of In 
diana as governor of the territory. 1 He arrived very 
opportunely at Salem, on the 2d of December, just as 
the legislative assembly was about to convene. He 
brought with him the forty thousand dollars appro 
priated by congress for the erection of a capitol and 
penitentiary, which the legislature had been anxiously 
awaiting to apply to these purposes. Whether or 
not he was aware of the jealousy with which the law- 
making body of Oregon had excluded Governor Gaines 
from participating in legislative affairs, he prudently 

1 Davis was a native of Pennsylvania, where he studied medicine. He sub 
sequently settled in Indiana, served in the legislature of that state, being 
speaker of the lower house, and was three times elected to congress, serving 
from 1835 to 1837, from 1839 to 1841, and from 1843 to 1847. He was once 
speaker of the house of representatives, and twice president of the national 
democratic convention. During Polk s administration he was commissioner 
to China. He died in 1859. Or. Statesman, Oct. 25, 1853; Id., Oct. 11, 1859; 

Or. Argus, Oct. 15, 1859. 

(322) 



LEGISLATURE 1853-4. 323 

t 

refrained from overstepping the limits assigned him 
by the organic law. When informed by a joint reso 
lution of the assembly that they had completed their 
organization, 2 he simply replied that it would afford 
him pleasure to communicate from time to time from 
the archives any information they might require. 
This was a satisfactory beginning, and indicated a pol 
icy from which the fourth gubernatorial appointee 
found no occasion to depart during his administra 
tion. 

The money being on hand, the next thing was to 
spend it as quickly as possible, 3 which the commis 
sioners had already begun to do, but which the legis 
lature was compelled to check 4 by appointing a new 
penitentiary board, and altering the plans for the cap- 
itol building. A bill introduced at this session to re- 

2 The members of the council elected for 1853-4 were L. P. Powers, of 
Clatsop; Ralph Wilcox, of Washington; J. K. Kelly, of Clackamas; Benj. 
Simpson, of Marion; John Richardson, of Yamhill; J. M. Fulkerson, of Polk. 

Those holding over were L. W. Phelps, A. L. Humphry, and Levi Scott. 
The house of representatives consisted of J. W. Moffit, Z. C. Bishop, Robert 
Thompson, F. 0. (Jason, L. F. Carter, B. B. Jackson, L. F. Grover, J. C. 
Peebles, E. F. Colby, Orlando Humason, Andrew Shuck, A. B. Westerfield, 
R. P. Boise, W. S. Gilliam, I. N. Smith, Luther Elkins, J. A. Bennett, Benj. 
A. Chapman, H. G. Hadley, Wm J. Martin, George H. Ambrose, John F. 
Miller, A. A. Durham, L. S. Thompson, S. Goff, Chauncey Nye. There was 
but one whig in the council, and four in the house. Or. Statesman, June 28, 
1853. Ralph Wilcox was elected president of the council; Samuel B. Gar- 
rett, of Benton, chief clerk; and A. B. P. Wood, of Polk, assistant clerk; 
John K. Delashmutt, sergeant-at-arms. The house was organized by electing 
Z. C. Bishop, speaker; John McCracken, chief clerk; C. P. Crandell, enroll 
ing clerk; G. D. R. Boyd, assistant clerk; G. D. Russell, sergeant-at-arms, 
and Joseph Hunsaker, doorkeeper. Or. Jour. Council. 1853 4, p. 4, 5. 

3 Half of the $20, 000 appropriated for a state house, according to the com 
missioners report, was already expended on the foundations, the architect s 
plan being to make an elegant building of stone, costing, at his estimate, 
$75,000. The land on which the foundation was laid was block 84 in the 
town of Salem, and was donated by W. H. Willson and wife, from the land 
which they succeeded in alienating from the methodist university lands, 
this being one way of enhancing the value of the remainder. The legislature 
ordered the superstructure to be made of wood. 

4 The penitentiary commissioners had selected two blocks of land in Port 
land, and had made some slight progress, expending $5,600 of the $20,000 
appropriated. William M. King, president of the board, charged $10 per 
day as commissioner, and $5 more as acting commissioner. He speculated 
in lots, paying Lownsdale $150 each for four lots, on condition that two lota 
should bo given to him, for which he received $300. In this way, says the 
Orcgonian of Feb. 4, 1854, King has pocketed $925, Lownsdale $600, and 
Frush $2,800, of the penitentiary fund. Add to this between $1,100 and 
$1,200 for his invaluable services for letting all the prisoners run away, and 
we have a fair exhibit of financiering under democratic misrule in Oregon. 



324 LEGISLATION, MINING, AND SETTLEMENT. 

locate the seat of government may have had some 
influence in determining the action of the assembly 
with regard to the character of the edifice already in 
process of construction. It was the entering wedge 
for another location war, more bitter and furious 
than the first, and which did not culminate until 
18556. The university had not made so much ad- 

/ 

vancement as the state house and penitentiary, the 
appropriations for the former being in land, which had 
to be converted into money. 5 

Remembering the experiences of the past three 
years, the legislative assembly enacted a militia law 
constituting Oregon a military district, and requiring 
the appointment by the governor of a brigadier-gen 
eral, who should hold office for three years, unless 
sooner removed; and the choice at the annual election 
in each council district of one colonel, one lieutenant- 
colonel, and one major, who should meet at a conven 
ient place, within three months, and lay off their regi 
mental district into company districts, to contain as 
nearly as possible one hundred white male adults be 
tween the ages of eighteen and forty-five years capa 
ble of. bearing arms, and who should appoint captains 
and lieutenants to each company district, the captains 
to appoint sergeants and corporals. Commissions 
were to issue from the governor to all officers except 
sergeants and corporals, the term of office to be two 
years, unless prevented by unsoundness of mind or 
bodv, each officer to rank according to the date of 

i/ O 

his commission, the usual rules of military organiza 
tion and government being incorporated into the act. 6 
In compliance with this law, Governor Davis appointed, 

5 The legislature of 1852-3 had authorized the commissioners to construct 
the university building at the town of Marysville, in the county of Benton, 
on such land as shall be donated for that purpose by Joseph P. Friedly, 
unless some better or more eligible situation should be offered. Or. Statesman, 
Feb. 5, 1853. The commissioners to select the two townships had only just 
completed their work. 

6 Or. Jour. Council, 1853-4, 113, 118, 128; Laws of Or., in Or. Statesman, 
Feb. 21, 1854; Or. Jour. Council, 1854-5, app. 12, 15, 17. 



RAILROAD CHARTERS. 325 

in April 1854, J. W. Nesmith, brigadier-general; E. M. 
Barnum, adjutant-general; M. M. McCarver, com 
missary-general ; and S. C. Drew, quartermaster-gen 
eral. 7 An act was also passed providing for taking 
the will of the people at the June election, concerning 
a constitutional convention, and the delegate was in 
structed to secure from congress an act enabling them 

O CJ 

to form a state government. 8 But the people very 
sensibly concluded that they did not want to be a 
state at present, a majority of 869 being against the 
measure ; nor did congress think well of it, the slavery 
question as usual exercising its influence, and although 
Lane said that Oregon had 60,000 population, which 
was an exaggeration. 

The doings of the alcaldes of Jackson county as 
justices of the peace were legalized; for up to the 
time of the appearance of a United States judge in 
that county the administration of justice had been 
irregular, and often extraordinary, making the per 
sons engaged in it liable to prosecution for illegal 
proceedings, and the judgments of the miners courts 
void. 9 The business of the session, taken all in all, 
was unimportant. 10 Worthy of remark was the char- 

7 At the June election, Washington county chose J. L. Meek col, R. M. 
Porter lieut-col, John Pool maj.; Yamhill, J. W. Moffit col, W. Starr 
lieut-col, J. A. Campbell maj.; Marion, George K. Sheil col, John McCracken 
lieut-col, J. C. Geer maj.; Clackamas, W. A. Cason col, Thos Waterbury 
lieut-col, W. B. Magers maj.; Linn, L. S. Helm col, N. G. McDonald 
lieut-col, Isaac N. Smith maj.-; Douglas, W. J. Martin col, J. S. Lane lieut- 
col, D. Barnes maj.; Coos, Stephen Davis col, C. Gunning lieut-col, Hugh 
O Xeil maj. Or. Statesman, June 13, 20, 27, 1854. Polk and Tillamook coun 
ties elected J. K. Delashmutt col, B. F. McLench lieut-col, B. F. Burch maj.; 
Benton and Lane, J. Kendall col, Jacob Allen lieut-col, William Gird maj.; 
Jackson, John E. Ross col, Win J. Newton lieut-col. James H. Russell maj. 
Or. Statesman, July 1, 1854. Or. Jour. Council, 1857-8, App. 57. 

k Law* of Or., in Or. Statesman, Feb. 7, 1854; Cony. Globe, vol. 28, pt 
ii. 1117-8, 33d cong. 1st sess. 

9 Or. Jour. Council, 1853-4,50; Or. Statesman, Jan. 17, 1854. The former 
alcaldes were John A. Hardin, U. S. Hayden, Chauncey Nye, Clark Rogers, 
and W. W. Fowler. Laws of Oregon, in Or. Statesman, Jan. 17, 1854. 
And this, notwithstanding Fowler had sentenced one Brown to be hanged 
for murder. Pri:ns Judicial Anecdotes, MS., 10. The first term of the U. S. 
district court held by Judge Deady began Sept. 5, 1853. 

10 Coos, Columbia, and Wasco counties were established. The name of 
Marysviiie was changed to Corvallis. Rogue River had its name changed 
to Gold River, and Grave Creek to Leland Creek; but such is the force of 
custom, these changes were not regarded, and the next legislature changed 



326 LEGISLATION, MINING, AND SETTLEMENT. 

tering of four railroad companies, only one of which 
took any steps toward carrying out the declared inten 
tions of the company. In the case of the Willamette 
Valley Railroad Company, the commissioners held 
one meeting at Thorp s mills, in Polk county, and 
appointed days for receiving subscriptions in each 
of the counties. But the time was not yet ripe for 
railroads, and this temporary enthusiasm seems to 
have been aroused by the Pacific railroad survey, then 
in progress in the north-west territory of the United 
States. 11 

The success of the Oregon delegates in securing 
appropriations led the assembly to ask for money from 
the general government for " every conceivable pur 
pose," as their mentor, the Statesman, reminded them, 
and for which it reproved them. Yet the greater part 
of these applications found favor with congress, either 
through their own merits or the address of the dele- 

the name of Gold River back to Rogue River. The methodists incorporated 
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* 
arista incorporated Tualatin Academy and Pacific University at Forest 
Grove; and the citizens of Polk county the Rickreal Academy, on the land 
claim of one Lovelady Rickreal being the corruption of La Creole, in com 
mon use with the early settlers. Albany had its name changed to Tekanah , 
but it was changed back again next session. Thirty wagon, roads were peti 
tioned for, and many granted, and the Umpqua Navigation and Manu 
facturing Company was incorporated at this session, the object of which 
was to improve the navigation of the river at the head of tide- water, and 
utilize the water-power at the falls for mills and manufactories. The com 
pany consisted of Robert J. Ladd, J. W. Drew, R. E. Stratton, Benjamin 
Brattan, and F. W. Merritt; but nothing came of it, the navigation of the 
river being impracticable. None of the plans for making Scottsburg a 
manufacturing town at this time, or down to the present, succeeded. An 
appropriation for the improvement of the river above that place was indeed 
secured from congress and applied to that purpose a few years later, so far 
that a small steamer built for a low stage of water made one trip to Win 
chester. The Umpqua above the falls at Scottsburg is a succession of rapids 
over rocky ledges which form the bottom of the stream. The water in sum 
mer is shallow, and in winter often a rushing torrent. In the winter of 1861-2 
it carried away the mills and most of the valuable improvements at the lower 
town, which were not rebuilt. 

11 The Willamette Valley railroad was to have been built on the west side 
of the valley. The commissioners were Fred. Waymire, John Thorp, and 
Martin L. Barber. Or. Statesman, April 25, 1854. The first railroad pro 
jected in Oregon was from St Helen, on the Columbia, to Lafayette, the 
idea being put forth by H. M. Knighton, original owner of the former place, 
and Crosby and Smith, owners of Milton town site. See Or. Spectator, April 
17, 1851. 



APPROPRIATIONS. 327 

gate in advocating them. The principal appropria 
tions now obtained were the sum before mentioned 
for paying the expenses of the Rogue River war; 
10,000 to continue the military road from Myrtle 
Creek to Scottsburg; and $10,000 in addition to a 
former appropriation of $15,000 to construct a light 
house at the mouth of the Umpqua, with a propor 
tionate part of a general appropriation of $59,000 to 
be used in the construction of light-houses on the coasts 
of California and Oregon. 12 

12 Cong. Globe, 1853-4, 2249. This work, which had been commenced 
on the Oregon coast in 1853, was delayed by the loss of the bark Oriole 
of Baltimore, Captain Lentz, wrecked on the bar of the Columbia the 
19th of Sept., just as she had arrived inside, with material and men to 
erect the light-house at Cape Disappointment. The wind failing, on the 
ebb of the tide the Oriole drifted among the breakers, and on account of the 
stone and other heavy cargo in her hold, was quickly broken up. The 
crew and twenty workman, with the contractor, F. X. Kelley, and the bar- 
pilot, Capt. Flavel, escaped into the boats, and after twelve hours work to 
keep them from being carried out to sea, were picked up by the pilot-boat 
and taken to Astoria. Thus ended the first attempt to build the much needed 
light-house at the mouth of the Columbia. In 1854 Lieut George H. Derby 
was appointed superintendent of light-houses in Cal. and Or. Additional ap 
propriations were asked for in 1854. In 1856 the light-house at Cape Disap 
pointment was completed. Its first keeper was John Boyd, a native of 
Maine, who came to Or. in 1853, and was injured in the explosion of the Ga 
zelle. He married Miss Olivia A. Johnson, also of Maine, in 1859. They 
had four children. Boyd died Sept. 10, 1865, at the Cape. Portland Orego- 
ni<m, Sept. 18, 1865. The accounting officer of the treasury was authorized 
to adjust the expenses of the commissioners appointed by the ter. assembly 
to prepare a code of laws, and of collecting and printing the laws and archives 
of the prov. govt. U. S. House Jour., 725, 33d cong. 1st sess; Cong. Globe, 
1853-4, app. 2322. The laws and archives of the provisional government, 
compiled by L. F. Grover, were printed at Salem by Asahel Bush. The 
code was sent to New York to be printed. The salaries of the ter. judges 
and the sec. were increased $500 each, and the services of Geo. L. Curry, 
while acting governor, were computed the same as if he had been gov 
ernor. The legislative and other contingent expenses of the tez\ amounted 
to $32,000, besides those of the surv.-gen. office, Ind. dep., mil. dep., and 
mail service. The expenses of the govt, not included in those paid by 
the U. S., amounted for the fiscal year ending Dec. 1853 to only $3,359.54; 
and the public debt to no more than $855.37. Or. Statesman, Dec. 20, 1853; 
Or. Journal Council, 1853-4, p. 143-5; Portland Oregonian, Jan. 27, 1854. 
Two new districts for the collection of customs were established at the 2d 
sess. of the 33d cong., viz., Cape Perpetua, and Port Orford, with collectors 
drawing salaries of $2,000 each, who might employ each a clerk at 1,500; 
and a deputy at each port of delivery at $1,000 a year; besides ganger, weigh 
er, and measurer, at $6 a day, and an inspector at $4. Cong. Globe, vol. 31, 
app. 384, 33d cong. 2d sess. The port of entry for the district of Cape Per 
petua was fixed at Gardiner, on the Umpqua River. More vessels entered 
the Columbia than all the other ports together. From Sept. 1, 1853, to July 
13, 1854, inclusive, there were 179 arrivals at the port of Astoria, all from S. 
F. except one from Coos Bay, two from New York, and one from London. 
The London vessel brought goods for the Hudson s Bay Company, the only 



328 LEGISLATION, MINING, AND SETTLEMENT. 

Next to the payment of the war debt was the 
demand for a more efficient mail service. The peo 
ple of the Willamette Valley still complained that 
their mails were left at Astoria, and that at the best 
they had no more than two a month. In southern 
Oregon it was still worse; and again the citizens of 
Umpqua memorialized congress on this vexatious sub 
ject. It was represented that the valleys of southern 
Oregon and northern California contained some 30,000 
inhabitants, who obtained their merchandise from 
Umpqua harbor, and that it was imperatively neces 
sary that mail communication should be established 
between San Francisco and these valleys. Their pe 
tition was so brought before congress that an act was 
passed providing for the delivery of the mails at all 
the ports along the coast, from Humboldt Bay to 
Port Townsend and Olympia, and $125,000 appropri 
ated for the service. 13 Houses were built, a newspa 
per 14 was established, and hope beat high. But again 

foreign vessel entering Oregon during that time. The departures from the 
Columbia numbered 184, all for S. F. except one for Coos Bay, two for Ca- 
llao, one for Australia, and one for the S. I. Most of these vessels carried 
lumber, the number of feet exported being 22,567,000. Or. Statesman, Aug. 
1, 1854. The direct appropriations asked for and obtained at the 2d sess. of 
this cong. were for the creation of a new land district in southern Or. called 
the Umpqua district, to distinguish it from the Willamette district, with an 
office at such point as the president might direct, Zabriskie Land Laws, 636; 
Cong. Globe, vol. 31, app. 380, 33d cong. 2d sess., the appropriation of $40,- 
000 to complete the penitentiary at Portland, $27,000 to complete the state 
house at Salem, and $30,000 to construct the military road from Salem to 
Astoria, marked out in 1850 by Samuel Culver and Lieut Wood of the 
mounted rifles. Or. Statesman, Oct. 3, 1850. The military road to Astoria 
was partly constructed in 1855, under the direction of Lieut Derby. Money 
failing, a further appropriation of $15,000 was applied, and still the road re 
mained practically useless. The appropriation of $30,000 for a light-house at 
the Umpqua was also expended by government officers in 1857. The tower 
was 105 feet high, but being built on a sandy foundation, it fell over into the 
sea in 1870. It does not appear that the money bestowed upon Oregon by 
congress in territorial times accomplished the purposes for which it was de 
signed. Not one of the military roads was better than a mule trail, every 
road that could be travelled by wagons being opened by the people at their 
own expense. 

13 U. S. H. Jour., 237, 388, 41 1, 516, 536, 963, 33d cong. 1st sess. ; U. S. II. 
Ex. Doc., i. pt ii. 615, 624, 701, 33d cong. 2d sess. 

14 By D. J. Lyon, at Scottsburg, called the Umpqua Gazette. It was first 
issued in April 1854, and its printer was William J. Beggs. In Nov. 1854, 
G. D. R. Boyd purchased a half-interest, and later removed the material to 
Jacksonville where the publication of the Table Rock Sentinel was begun in 



BEACH GOLD MINING. 329 

in the summer of 1854, as after the efforts of Thurs- 
ton, the Pacific Mail Steamship Company made a 
spasmodic pretence of keeping their contract, which 
was soon again abandoned out of fear of the Umpqua 
bar, 15 and this abandonment, together with the suc 
cessful rivalry of the road from Crescent City to the 
Rogue Kiver Valley, and the final destruction of the 
Scottsburg road by the extraordinary storms of 1861-2, 
terminated in a few years the business of the Ump 
qua, except such lumbering and fishing as were after 
ward carried on below Scottsburg. 

The history of beach mining for gold began in the 
spring of 1853, the discovery of gold in the sand of 
the sea-beach leading to one of those sudden migra 
tions of the mining population expressively termed a 
rush. The first discovery w^as made by some half- 
breeds in 1852 at the mouth of a creek a few miles 
north of the Coquille, near where Randolph appears 
on the map. 16 The gold was exceedingly fine, the use 
of a microscope being often necessary to detect it; yet 
when saved, by amalgamation with mercury, w 7 as 

Nov. 1855, by W. G. T Vault, Taylor, and Blakesly, with Beggs as printer. 
Or. Statesman, Dec. 8, 1855; Or. Argus, Dec. 8, 1855. The name was changed 
to that of Oregon Sentinel in 1857. Id. , July 25, 1857. D. J. Lyons was born 
in Cork, Ireland, in 1813, his family being in the middle rank of life, and 
connected with the political troubles of 1798. His father emigrated to Ken 
tucky in 1818. Young Lyons lost his sight in his boyhood, but was well edu 
cated by tutors, and being of a musical and literary turn of mind, wrote 
songs fashionable in the circle in which George D. Prentice, Edmund Flagg, 
and Amelia Welby were prominent. Lyons was connected with several light 
literary publications before coming to Oregon. He had married Virginia A. 
Putnam, daughter of Joseph Putnam of Lexington, with whom he emigrated 
to Oregon in 1853, settling at Scottsburg, where he resided nearly 30 years, 
removing afterward to Marshtield, on Coos Bay. Beggs was a brilliant writer 
on politics, but of dissipated habits. He married a Miss Beebe of Salem, 
and deserted her. He ran a brief career, dying in misery in New York City. 

15 The whole coast was little understood, and unimproved as to harbors. 
The Anita was lost at Port Orford in Oct. 1852. Three vessels, the J. Mcri- 
tkf i -, M< iidora, and Vandalia, were wrecked at the mouth of the Columbia 
in Jan. 1853. Capt. E. H. Beard of the Vandalia, who was from Baltimore, 
Md., was drowned. 

16 S. S. Mann says that the half-breeds sold their claim to McNamara 
Brothers for 820,000. Settlement of Coos Bay, MS., 14. Armstrong, in his 
Orego?), 06, claims that his brother discovered gold on the beach at the 
Coquille in 1 842, being driven in there in a schooner by a storm, while on his 
way to San Francisco. 



330 LEGISLATION, MINING, AND SETTLEMENT. 

found to be in paying quantities. The sand in which 
it was found existed not only on the modern beach, 
but on the upper Coquille, forty miles in the interior, 
at a place known as Johnson Diggings; but the prin 
cipal deposits were from the Coquille River south 
along the recent beach to the California line. 17 

A mining town called Elizabeth sprung up during 
the summer about thirty miles south of Port Orford, 
and another seven miles north of the Coquille, called 
Randolph City. 18 The latter name may still be found 
on the maps, but the town has passed out of ex 
istence with hundreds of others. For, although the 
returns from certain localities were at first flattering, 
the irregular value of the deposits, and the difficulty 
of disposing of the gold on account of expense of sep 
aration, soon sent most of the miners back to the 
placer diggings of the interior, leaving a few of the 
less impatient to further but still futile efforts. 

The natives living at the mouth of the Coquille 
questioned the right of the white men to occupy that 
region, and added to insolence robbery and murder. 
Therefore, on the 28th of January, a party of forty, 
led by George H. Abbott, went to their village, killed 
fifteen men, and took prisoners the women and chil 
dren. Seeing which, the chiefs of other villages were 

17 The deposit where the gold was found is an ancient beach, 1-^- miles east 
or back of the present beach. The mines are 180 feet above the level of the 
ocean, which has evidently receded to that extent. The depth of the gold 
varies from one to twelve feet, there being 12 feet on the ocean side to one 
foot on what was formerly the shore side. The breadth is from 300 to 500 
feet, which is covered with white sand to a depth of 40 feet. The surface is 
overgrown with a dense forest, and trees of great size are found in the black 
sand, in a good state of preservation, which proves that there the beach was 
at no remote period. Iron is a large component of this black sand, and it 
would probably pay to work it for that metal now. Gale s Resources of Coos 
County, 31. See also Van Tramp s Adventures, 154-5; Armstrongs Or., 64- 
5, 57-9; Davidson s Coast Pilot, 119; Harper s Mcnthly, xiii. 594-5; S. F. 
Com. Advertiser, Feb. 23, 1854; Taylor s Spec. Press, 584; Cram s Top. 
Mem., 37. W. P. Blake, in Sllliman s Journal, vol. 20, 74, says: Gold is 
found in the beach sand from the surface to the depth of 6 feet or more; it is 
in very small thin scales, and separates from the black sand with difficulty. 
Platinum and the associate metals, iridosmine, etc., are found with the gold 
in large quantities, and as they cannot be separated from the gold by washing, 
its value in the market is considerably lessened. 

"Parrish, in Lid. Aff. Kept, 1854, 268-75, 288; S. F. Alta, June 5, 6, 
July 15, and Aug. 16, 1854. 



COOS BAY COMPANY. 331 



glad to make peace on any terms, and keep it until 
driven again to desperation. 1 

Superintendent Palmer, in the spring of 1854, began 
a round of visits to his savage wards, going by the 
way of the Rogue River Valley and Crescent City, 
and proceeding up the coast to Yaquina Bay. Find 
ing the Indians on the southern coast shy and unap 
proachable, he left at Port Orford Sub-agent Parrish 
with presents to effect a conciliation. 20 

Prominent among matters growing out of beach 
mining, next after the Indian difficulties, was the 
more perfect exploration of the Coos Bay country, 
which resulted from the passing back and forth of 
supply trains between the Umpqua and the Coquille 
rivers. In May 1853, Perry B. Marple, 21 after hav 
ing examined the valley of the Coquille, and found 
what he believed to be a practicable route from Coos 
Bay to the interior, 22 formed an association of twenty 
men called the Coos Bay Company, with stock to be 
divided into one hundred shares, five shares to each 
joint proprietor, 23 and each proprietor being bound to 

19 Indian Agent F. M. Smith, after due investigation, pronounced the kill 
ing an unjustifiable massacre. U. 6 . H. Ex. Doc. 76, 268-71, 34th cong. 3d 
sess. 

20 See ParrisVs Or. Anecdotes, MS., passim; Ind. Aff. Rept, 1854, 254-66. 

- 1 He was an eccentric genius, a great talker, of whom his comrades used 
to say that he came within an ace of being a Patrick Henry, but just missing 
it, missed it entirely. He was a man of mark, however, in his county, which 
he represented in the constitutional convention a bad mark, in some respects, 
judging from Deacly s observations on disbarring him: I have long since 
ceased to regard anything you assert. All your acti show a decree of mental 
and moral obliquity which renders you incapable of discriminating between 
truth and falsehood or right and wrong. You have no capacity for the practice 
of law, and in that profession you will ever prove a curse to yourself and to the 
community. For these reasons, and altogether overlooking the present alle 
gations of unprofessional conduct, it would be an act of mercy to strike your 
name from the roll of attorneys. Marple went to the Florence mines in 
eastern Oregon on the outbreak of the excitement of 1861, and there died of 
consumption in the autumn of 1862. Or. Statesman, Dec. 8, 1862, and Jan. 
12,^1868. 

-The first settlement was made on Coos Bay in the summer of 1853, and 
a packer named Sherman took a provision train over the mountains from 
Grave Creek by a practicable route. He reported discoveries of coal. Or. 
Stalesman, June 28, 1853. 

2:5 The proprietors were Perry B. Marple, James C. Tolman, Eollin L. Bel- 
knap, Solomon Bowermaster, Joseph H. McVay, J. A. J. McVay, Wm H. 



332 LEGISLATION, MINING, AND SETTLEMENT. 

proceed without delay to locate in a legal form all the 
land necessary to secure town sites, coal mines, and 
all important points whatsoever to the company. If 
upon due consideration any one wished to withdraw 
from the undertaking he was bound to hold his claim 
until a substitute could be provided. Each person 
remaining in the company agreed to pay the sum 
of five hundred dollars to the founder, from whom 
he would receive a certificate entitling him to one 
twentieth of the whole interest, subject to the regu 
lations of the company, the projector of the enterprise 
being bound on his part to reveal to the company all 
the advantageous positions upon the bay or on Co- 
quille river, and throughout the country, and to re 
linquish to the company his selections of land, the 
treasures he had discovered, both upon the earth or 
in it, and especially the stone-coal deposits by him 
found. 24 

The members of the company seemed satisfied with 
the project, and lost no time in seizing upon the va 
rious positions supposed to be valuable. Empire City 
was taken up as a town site about the time the company 
was formed, 25 and later Marshfield, 26 and the affairs of 

Harris, F. G. Lockhart, C. W. Johnson, A. P. Gaskell, W. H. Jackson, Presly 
G. Wilhite, A. P. De Cuis, David Rohren, Charles Pearce, Matthias M. 
Learn, Henry A. Stark. Charles H. Haskell, Joseph Lane, S. K. Temple. 
Articles of Indenture of the Coos Bay Company, in Oregonian, Jan. 7, 1854; 
Gibbtt* Notes on Or. Hist., MS., 15. 

21 Articles of Indenture of the Coos Bay Company, in Oregonian, Jan. 7, 
1854. See 8. F. Alta, Jan. 3, 1854. 

25 Empire City had (in 1855) some thirty board houses, and a half-finished 
wharf. Van Tramp s Adventures, 160. 

26 1 am informed by old residents of Marshfield that this was the claim of 
J. C. Tolman, who was associated in it with A. J. Davis. The usual confu 
sion as to titles ensued. Tolman was forced to leave the place on account of 
his wife s health, and put a man named Chapman in charge. Davis, having 
to go away, put a man named Warwick in charge of his half of the town site. 
Subsequently Davis bought one half of Tolman s half, but having another 
claim, allowed Warwick to enter the Marshfield claim for him. in his own 
name, though according to the land law he could not enter land for town-site 
purposes. Warwick, however, in some way obtained a patent, and sold the 
claim to H. H. Luce, whose title was disputed because the patent was fraud 
ulently obtained. A long contest over titles resulted, others claiming the 
right to enter it, because Davis had lost his right, and Warwick had never 
had any. Luce held possession, however. The remaining portion of Tolman s 
half of the town site was sold to a man named Hatch, whose claim is not dis 
puted. 



April 






COOS BAY COAL. 333 

the company prospered. In January 1854, the ship 
Demur s Cove from San Francisco entered Coos Bay 
with a stock of goods, bringing also some settlers and 
miners, and in the same month the Louisiana, Cap 
tain Williams, from Portland took a cargo into Coos 
Bay for Northup & Simonds of that town, who 
established a branch business at Empire City, 27 
Northup accompanying the cargo and settling at 
that place. 28 

Coal was first shipped from the Newport mine in 
1855, 29 and in 1856 a steam -vessel called the 

ewport, the first to enter this harbor, was employed 
in carrying cargoes to San Francisco, 30 arid the same 
year two steam saw-mills were in operation with 

27 In a letter written by Northup to his partner, and published in the Ore- 
goman of April 22, 1854, he tells of the progress of affairs. They had sounded 
the bay and found from 12 to 30 feet of water. The land was level and tim 
bered, but not hard to clear. The Coquille was one of the prettiest rivers 
ever seen. Mr Davis of S. F. was forming a company to build a railroad 
from the branch of the bay to the Coquille, the travel going that way to the 
lLandolph mines. Machinery for a steamer was also coming. The whole of 
southern Oregon was to be connected with Coos Bay. The miners were 
doing well, and business was good. 

28 Nelson Northup, a pioneer of Portland, who came to the place in 1851, 
and soon after formed the firm of Northup & Simonds, well known merchants 
of those days. In 1854 they disposed of their business to E. J. Northup 
and J. M. Blossom, and removed to Coos Bay, taking into that port the sec 
ond vessel from Portland. Northup remained at Coos Bay several years, 
and in the mean time opened up, at great expense, the first coal mines in that 
locality, now so famed in that respect. He died at the residence of his sou 
E. J. Northup, in the 65th year of his age, on the 3d of July, 1874. Port 
land Oregonian, July 4, 1S74. 

29 tf. F. Atta, May 4, 6, 12, June 28, and Oct. 7, 1854; Or. Statesman, 
May 12, 1854. 

30 She was a small craft, formerly the Hartford. Her engines were after 
ward transferred to a small teak-wood schooner, which was christened The 
Fearless, and was the first and for many years the only tug-boat on the bay. 
She was finally lost near Coos Head. A story has been told to this effect: 
By one of the early trips of the Newport an order was sent to Estell, her 
owner, to forward a few laborers for the Newport mine. Estell had charge 
of the California state prison, and took an interest, it was said, in its occu 
pants, so far as to let them slip occasionally. On the return of the Newport, 
a crowd of forty hard cases appeared upon her deck. A few only were re 
quired at the mine, and the remainder dropped ashore at Empire City. The 
unsuspecting citizens scanned them curiously, and then retired to their 
domiciles. But consternation soon prevailed. Hen-roosts were despoiled 
and clothes-lines stripped of gracefully pendent garments. Anything and 
everything of value began to disappear in a mysterious manner. The 
people began to suspect, and to go for the strangers, \\lio were strongly 
urged to emigrate. The touching recollections connected with this gang led 
the citizens always after to speak of them as the Forty Thieves. Coos Bay 
Settlement, 10, 11. 



334 LEGISLATION, MINING, AND SETTLEMENT. 

from three to five vessels loading at a time with lum 
ber and coal, since which period coal-mining, lumber 
ing, and ship-building have been carried on at this 
point without interruption. Railroads were early 
projected, and many who first engaged in the devel 
opment of coal mines became wealthy, and resided 
here till their death, 31 

Some also were unfortunate, one of the share 
holders, Henry A. Stark, being drowned in the spring 
of 1854, while attempting with five others to go out 
in a small boat to some vessels lying off the bar. 8 - 
Several of the Umpqua company, after the failure of 
that enterprise, settled at Coos Bay, prominent among 
whom was S. S. Mann, author of a pamphlet on the 
early settlement of that region, embellished with an 
ecdotes of the pioneers, which will be of interest to 
their descendants. 33 

Any new discovery stimulated the competitive 
spirit of search in other directions. Siuslaw River 
was explored with a view to determining whether the 

31 P. Flanagan was one of the earliest of the early settlers. At Randolph 
his pack-train and store were the pioneers of trade. Then at Johnson s and 
on The Sixes in a similar way. Later, he became associated in the partner 
ship of the Newport coal mine, where his skill and experience added largely 
to its success. 

32 Stark was a native of New York, emigrated to Gal. in 1849, thence to 
Or. in 1850. 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 Winters was born in Penn., and came to Or. through 
Cal. Alvin Brooks, born in Vt, came to Or. in 1851. John Mitchell of New 
York, a sailor, came to Or. in 1851. Portland Oregonian, March 25, 1854; S. 
F. Alta, March 22, 1854. 

33 Coos Bay Settlement, 18. This pamphlet of 25 pages is made up of 
scraps of pioneer history written for the Coos Bay Mail, by S. S. Mann, after 
ward republished in this form by the Mail publishers. Mann, being one of 
the earliest of the pioneers, was enabled to give correct information, and to 
his writings and correspondence I am much indebted for the facts here set 
down. Mann mentions the names of T. D. Winchester, H. H. Luse, A. M. 
Simpson, John Pershbaker, James Aiken, Dr Foley, Curtis Noble, A. J. 
Davis, P. Flanagan, Amos and Anson Rogers, H. P. Whitney, W. D. L. F. 
Smith, David Holland, I. Hacker, R. F. Ross, Yokam, Landreth, Hodson, 
Collver, Bogue, Miller, McKnight, Dry den, Hirst, Kenyon, Nasburg, Coon, 
Morse, Cammann, Buckhorn, and De Cussans, not already mentioned 
among the original proprietors of the Coos Bay Company; and also the names 
of Perry, Leghnhcrr, Rowell, Dement, Harris, Schroeder, Grant, and Ham- 
block, among the early settlers of Coquille Valley. 



ROAD EXPLORATIONS. 335 

course of the river was such that a practicable com 
munication could be obtained between it and the 
Umpqua through Smith River, 34 a northern branch 
of the Siuslaw. The exploration was conducted by 
N. Schofield. The object of the opening of the 
proposed route was to make a road from the Willa 
mette Valley to the Umpqua, over which the products 
of the valley might be brought to Scottsburg, at the 
same time avoiding the most difficult portion of the 
mountains. But nature had interposed so many ob 
stacles; the streams were so rapid and rocky; the 
mountains so- rough and heavily timbered; the valleys, 
though rich, so narrow, and filled with tangled growths 
of tough vine-maple and other shrubby trees, that 
any road from the coast to the interior could not but 
be costly to build and keep in repair. The Siuslaw 
exploration, therefore, resulted in nothing more ben 
eficial than the acquisition of additional knowledge of 
the resources of the country in timber, water-power, 
and soil, all of which were excellent in the valley of 
the Siuslaw. 

Other explorations were at the same time being 
carried on. A trail was opened across the mountains 
from Rogue River Valley to Crescent City, which 
competed with the Scottsburg road for the business 
of the interior, and became the route used by the gov 
ernment troops in getting from the seaboard to Fort 
Lane. 35 Gold-hunting was at the same time prose 
cuted in every part of the territory with varying 
success, of which I shall speak in another place. 36 

34 This is the stream where Jedediah Smith had his adventure with the 
Indians who massacred his party in 1828, as related in my History of the 
Northwest Coast. 

5 Decides Hist. Or., MS., 25. 

3 Mount Hood, Indian name Wiyeast, was ascended in August 1854. for 
the first time, by a party consisting of T. J. Dryer of the Orcyonian, G. 0. 
Haller, Olney, Wells Lake, and Travillot, a French seaman. Dryer ascended 
Mount St Helen, Loowlt Letkla, the previous summer, and promised to climb 
Mounts Jefferson, Phato, and the Three Sisters at some future time. He 
ascertained the fact that Hood and St Helen were expiring volcanoes, which 
still emitted smoke and ashes from vents near their summits. Oreyoman, 
Feb. 25 and Aug. 19, 1854. The first ascent of Mount Jefferson was made 
by P. Loony, John Allphin, William Tulibright, John Walker, and E. L. 



336 LEGISLATION, MINING, AND SETTLEMENT. 

The politics of 1854 turned mainly on the question 
of a state constitution, though the election in June 
revealed the fact that the democracy, while still in 
the ascendant, were losing a little ground to the whigs, 
and chiefly in the southern portion of the territory. 
Of the three prosecuting attorneys elected, one, P. P. 
Prim, 37 was a whig, and was chosen in the 3d district 
by a majority of seven over the democratic candi 
date, K,. E. Stratton, 88 former incumbent. R. P. 
Boise was elected prosecuting attorney for the 1st 
or middle district, and N". Huber of the 2d or north 
ern district. 

The democratic leaders were those most in favor of 
assuming state dignities, while the whigs held up before 
their following the bill of cost; though none objected 

Massey, July 11, 1854, a party prospecting for gold in the Cascade Moun 
tains. Or. Statesman, Aug. 22, 1854. Mt Adams was called by the Indians 
Klickilat, and Mt Rainier, Takoma. Gold-hunting in the Cascade Mountains, 
passim. 

37 Payne P. Prim was born in Term, in 1822, emigrated to Or. in 1851, 
and went to the mines in Rogue River Valley the following year. His elec 
tion as prosecuting attorney of the southern district brought him into notice, 
and on the division of the state of Oregon into four judicial districts, and when 
Deady, chosen judge of the supreme court from that district, was appointed 
U. S. dist. judgo, the gov. appointed Prim to fill the vacancy from the 1st 
district for the remainder of the term, to which office he was subsequently 
elected, holding it for many years. A valuable manuscript, entitled Prim s 
Judicial Anecdotes, has furnished me very vivid reminiscences of the manner 
of administering justice in the early mining camps, and first organized courts, 
to which I have occasion to refer frequently in this work. See Popular Trib 
unals, passim, this series. 

38 Riley E. Stratton was a native of Penn., born in 1821. He \vas taught 
the trade of a millwright, but afterward took a collegiate course, and grad 
uated at Marietta, Ohio, with the intention of becoming a minister; his 
plans being changed, he studied law, and was admitted to the bar in Madi 
son, Ind., coming to Or. by way of Cape Horn in 1852, his father, C. P. 
Stratton, emigrating overland in the same year. C. P. Stratton was born 
in New York Dec. 30, 1799. He removed to Penn. in his boyhood, and 
again to Ind. in 1836. He had twelve children, of whom C. C. Stratton is 
a minister of the methodist church, and president of the University of the 
Pacific in California. He settled in the Umpqua Valley, but subsequently 
removed to Salem, where he died Feb. 26, 1873. Riley E. Stratton settled 
at Scottsburg. He was elected prosecuting attorney of the southern district 
by the legislative assembly in 1838-4; but beaten by Prim at the election by 
the people, as stated above. When Oregon became a state he was elected 
judge of the 2d judicial district, and rejected in 1864. He married Sarah 
Dearborn in Madison, Indiana. He loft the democratic party to support the 
union on the breaking-out of the rebellion. Ho wa^ an aflaMc, honorable, 
an 1 popular man. His death occurred in Dec. 1866. Enrjene State Journal, 
Dec. 29, 186G; Or. Reports, vol. ii. 195-9; Deady a Scsap Book, 11, 170. 



HARD TIMES. 337 

to securing the 500,000 acres of land, which on the 
day of Oregon s admission as a state would be hers, 
to be applied to internal improvements, 39 and other 
grants which might reasonably be expected, and 
which might amount to millions of acres with which 
to build railroads and improve navigation. 

Judge Pratt, who had strongly advocated state ad 
mission, and to whom Oregon owed much, was put 
forward for the United States senate and his cause 
advocated bv the Democratic Standard with marked 

u 

ability. Pratt was strongly opposed by the Statesman, 
whose influence was great throughout the state, and 
which carried its points so far as electing its can 
didates, except in a few instances, against the whigs, 
and also against the prohibitionists, or Maine- law 
party. 4C But the majority against a state consti 
tution was about one hundred and fifty, a majority 
so small, however, as to show that, as the dem 
ocrats had intimated, it would be reduced to 
nothing by a year or two more of effort in that 
direction, 

In the spring of 1854 there were complaints of 
hard times in Oregon, which were to be accounted for 
partly by the Indian disturbances, but chiefly by 
reason of neglect of the farming interests and a fall- 
ing-off in the yield of the mines. The great reaction 
was at hand throughout the coast. Business was 
prostrated in California, and Oregon felt it, just as 
Oregon had felt California s first flush on finding gold. 
To counteract the evil, agricultural societies began 
to be formed in the older counties. 41 The lumbering 
interest had greatly declined also, after the erection 

89 See the 8th section of an act of congress in relation thereto, passed in 1841. 

40 The Maine-law candidates for seats in the legislature were Elisha Strong 
and 0. Jacobs of Marion; S. Nelson, P. H. Hatch, E. D. Shattuck of Clacka- 
mas; D. W. Ballard of Linn; Ladd and Gilliam of Polk; J. H. D. Henderson 
and G. W. Burnett of Yamhill. 

41 The constitution of the Yamhill Agricultural Society, F. Martin, presi 
dent, A. S. Watt, secretary, was published July 25, 1854, in the Or. States 
man. 

HIST. OB., VOL. II. 22 



338 LEGISLATION, MINING, AND SETTLEMENT. 

of mills in California, and lumber and flour being no 
longer so much sought after, caused a sensible lessen 
ing of the income of Oregon. But the people of 
Oregon well knew that their immense agricultural 
resources would bring them out of all their troubles 
if they would only apply themselves in the right di 
rection and in the right way. 

The counties which led in this industrial revival 
were Washington, Yamhill, Marion, and Polk. The 
first county fair held was in Yamhill on the 7th of 
October, 1854, followed by Marion on the llth, and 
Polk on the 12th. The exhibit of horses, cattle, 
and fruit was fairly good, of sheep, grain, and domes 
tic manufactures almost nothing; 451 but it was a begin 
ning from which steadily grew a stronger competitive 
interest in farm affairs, until in 1861 a state aoricul- 

O 

tural society was formed, whose annual meeting is the 
principal event of each year in farming districts. 43 

The first step toward manufacturing woollen fabrics 
was also taken in 1854, when a carding machine was 
erected at Albany by E. L. Perham & Co. Farmers 
who had neglected sheep-raising now purchased sheep 
of the Hudson s Bay Company. 44 Early in the spring 
of 1855 Barber and Thorpe of Polk county erected 
machinery for spinning, weaving, dying, and dressing 
woollen cloths. 4 * In 1856 a company was organized 
at Salem to erect a woollen-mill at that place, the first 
important woollen manufactory on the Pacific coast. 
It was followed by the large establishment at Oregon 
City and several smaller ones in the course of a few 
years. 46 

42 Or. Statesman, Oct. 17, 1854. Mrs R. C. Geer entered two skeins of 
yarn, the first exhibited and probably the first made in Oregon. The address 
was delivered to the Marion county society, which met at Salem, by Mr 
\Voodsides. L. F. Grover, in his Pub. Life in Or., MS., says he delivered 
the first Marion county address, but he is mistaken. He followed in 1855. 

43 Brown s Sah-m directory, 1871, 37-77. 

< 4 0r. Slat., May 23 and Oct. 10, 1854; Tolmie s Puget Sound, MS., 24. 

45 Or. Statesman, March 20, 1855. R. A. Gessner received a premium in 
1855 from the Marion county society for the best jeans. 

46 Grover, Pub. Life in Or., MS., 68-9, was one of the first directors in the 
Salem mill. See also WatCa First Things, MS., 8-10. 



PROPOSED TELEGRAPH. 339 

The first proposal to establish a telegraph line be 
tween California and Oregon was made in October of 
1854. Hitherto, no more rapid means of communi 
cation had existed than that afforded by express com 
panies, of which there were several. The practice of 
sending letters by express, which prevailed all over 
the Pacific coast at this time, and for many years 
thereafter, arose from the absence or the irregu 
larity in the carriage of mails by the government. 
As soon as a mining camp was established, an express 
became necessary; and though the service was at 
tended with many hardships and no small amount of 
danger, there were always to be found men who were 
eager to engage in it for the sake of the gains, which 
were great. 47 The business of the country did not 
require telegraphic correspondence, and its growth 
was delayed for almost another decade. 4 * 

47 The first express company operating in Oregon was Todd & Co. , fol 
lowed very soon by Gregory & Co., both beginning in 1851. Todd & Co. sold 
out to Newell & Co. in 1852. The same year Dugan & Co., a branch of 
Adams & Co., began running in Oregon; also T Vault s Oregon and Shasta 
express, and McClaine & Co. s Oregon and Shasta express. In the latter part 
of 1852 Adams & Co. began business in Oregon; but about the beginning of 
1853, with other companies, retired and left the field to Wells, Fargo & Co., 
improved mail communication gradually rendering the services of the com 
panies, except for the carrying of treasure and other packages, superfluous. 
The price fell from fifty cents on a letter in a gradually declining scale to ten 
cents, where it remained for many years, and at last to five cents: and pack 
ages to some extent hi proportion. Besides the regular companies, from 1849 
to 1852 there were many private express riders who picked up considerable 
money in the mountain camps. 

48 Charles F. Johnson, an agent of the Alta California Telegraph Company, 
first agitated the subject of a telegraph line to connect Portland with the 
cities of California, and so far succeeded as to have organized a company to 
construct such a line from Portland to Corvallis, which was to be extended 
in time to meet one from Marvsville, California, to Yreka on the border. 

v 

The Oregon line was to run to Oregon City, Lafayette, Dayton, Salem, and 
Corvallis. It was finished to Oregon City Nov. 15, 1855, the first message 
being sent over the wires on the 16th, and the line reached Salem by Sept. 
1856, but it was of so little use that it was never completed nor kept in re 
pair. Neither the interests of the people nor their habits made it requisite. 
In 1868 the California company had completed their line to Yreka, for which 
during the period of the civil war, the Oregonians had reason to be thankful, 
and having taken some long strides in progress during the half-dozen years 
between 1855 and 1861, they eagerly subscribed to build a line to Yreka from 
Portland, on being solicited by J. E. Strong, former president of the same 
company. Of the Oregon company, W. S. Ladd was elected president; S. 
G. Reed, secretary; H. W. Corbett, treasurer; John McCracken, superin 
tendent; W. S. Ladd, D. F. Bradford, A. G. Richardson, C. N. Terry, and 



340 LEGISLATION, MINING, AND SETTLEMENT. 

Steam navigation increased rapidly in proportion to 
other business, the principal trade being confined to 
the Willamette River, although about this time there 
began to be some traffic on the Columbia, above as 
well as below the mouth of the Willamette. 49 Ocean 

A. L. Love joy, directors. Strong, contractor, owned considerable stock in 
it, which he sold to the California State Telegraph Company in 1863, the 
line being completed in March. In 1868 a line of telegraph was extended to 
The Dalles, and eastward to Boise" City, by the Oregon Steam Navigation 
Company, in 1869. A new line to the east was erected in 1876, which was 
extended to S. F., and a line to Astoria at the mouth of the Columbia. 

49 The Gazelle was a side- wheel boat built for the upper Willamette in 

1853 by the company which constructed the basin and hoisting works at 
the falls, and began to run in March 1854, but in April exploded her boiler 
while lying at her wharf, causing the most serious calamity which ever oc 
curred on Oregon waters. She had on board about 50 persons, 22 of whom 
were killed outright and many others injured, some of whom died soon after. 
Among the victims were some of the principal persons in the territory: Dan 
iel D. Page, superintendent of the company owning the Gazelle, whose wife 
and daughter were killed by the explosion of the Jenny Lind in San Francisco 
Bay April 11, 1853; Rev. James P. Miller, father of Mrs E. M. Wilson of 
The Dalles; David Woodhull, and Joseph Hunt of Michigan; Judge Burch, 
David Fuller, C. Woodworth, James White, Daniel Lowe, John Clemens, 
J. M. Fudge, Blanchet, Hill, Morgan, John Blaimer, John Daly, John K. 
Miller, Michael Hatch, Michael McGee, Charles Knaust, David McLane, 
Piaut, and an unknown Spanish youth. Or. Statesman, April 18, 1854; Arm 
strong s Or., 14; Browns Salem Directory, 1871, 35. Among the wounded 
were Mrs Miller, Charles Gardiner, son of the surveyor-general, Robert 
Pentland, Miss Pell, C. Dobbins, Robert Shortess, B. F. Newby, Captain 
Hereford of the Gazelle, John Boyd, mate, and James Partlow, pilot. The 
chief engineer, Tonie, who was charged with the responsibility of the accident, 
escaped and fled the territory. Portland Oregonian, Jan. 29, 1870. The 
Oregon, another of the company s boats, was sunk and lost the same season. 
The wreck of the Gazelle was run over the falls, after being sold to Murray, 
Hoyt, and Wells, who refitted her and named her the Senorita, after w r hich 
she was employed to carry troops, horses, and army stores from Portland to 
Vancouver and the Cascades. In 1857 the machinery of this boat was put 
into the new steamer Hassaloe, w r hile the Senorita was provided with a more 
powerful engine, and commanded by L. Hoyt, brother of Richard Hoyt. In 

1854 the pioneer steamboat men of the upper Willamette, captains A. F. 
Hedges and Charles Bennett, sold their entire interests and retired from the 
river. 

In 1855 a new class of steamboats was put upon the Willamette above the 
falls, stern- wheels being introduced, which soon displaced the side-wheel boats. 
This change was effected by Archibald Jamieson, A. S. Murray, Amory Hoi- 
brook, and John Torrence, who formed a company and built the Enterprise, a 
small stern-wheel boat commanded by Jamieson. This boat ran for 3 years 
on the Willamette, and was sold during the mining rush of 1858, taken over 
the falls and to Fraser River by Thomas Wright. She finished her career on 
the Chehalis River. Her first captain, Jameison, was one of a family of 
five steamboat men, who were doomed to death by a fatality sad and re 
markable. Arthur Jamieson was in command of the steamer Portland, 
which was carried over the falls of the Willamette in March 1857; another 
brother died of a quick consumption from a cold contracted on the river; an 
other by the explosion of the steamer Yale on the Fraser River; and finally 
Archibald and another brother by the blowing up of the Cariboo at Victoria. 

Another company, consisting of captains Cochrane, Gibson, and Cassady, 



INLAND NAVIGATION. 341 

navigation, too, was increasing, but not without its 
drawbacks and losses. 50 In the midst of all, the young 
and vigorous community grew daily stronger, and more 
able to bear the misfortunes incident to rapid progress. 
In July 1854 there was a raid in Rogue River 
Valley by the Shastas; unattended, however, by seri- 

formed in 1856, built the James Clinton and Surprise, two fine stern-wheel 
boats. In 1857 the Elk was built for the Yamhill River trade by Switzler, 
Moore, and Marshall; and in 1858 the first owners of the Enterprise built 
the Onward, the largest steamboat at that time on the upper river. 

In 1860 another company was incorporated, under the name of People s 
Transportation Company, composed of A. A. McCully, S. T. Church, E. N. 
Cook, D. W. Buriiside, and captains John Cochrane, George A. Pease, Joseph 
Kellogg, and E. W. Baughman, which controlled the Willamette River trade 
till 1871. This company built the Dayton, Reliance, Echo, E. D. Baker, Iris, 
A<bany, Shoo Fly, Fannie Patton, and Alice, and owned the Rival, Senator, 
Alert, and Active. It ran its boats on the Columbia as well as the Willamette 
until 1803, when a compromise was made with the Oregon Steam Navigation 
Company, then in existence, to confine its trade to the Willamette River 
above Portland. In 1865 this company expended $100,000 in building a dam 
and basin above the falls, which enabled them to do away with a portage, 
by simply transferring passengers and freight from one boat to another 
through a warehouse at the lower end of the basin. The P. T. Co. sold out 
iu 1871 to Ben Holladay, having made handsome fortunes in 11 years for all 
its principal members. In the next two years the canal and locks were built 
around the west side of the falls at Oregon City, but the P. T. Co. under 
Holladay s management refused to use them, and continued to reship at Ore 
gon City. This led to the formation of the Willamette Locks and Transpor 
tation Company, composed of Joseph Teal, B. Goldsmith, Frank T. Dodge, 
and others, who commenced opposition in 1873, and pressed the P. T. Co. so 
hard that Holladay sold out to the Oregon Nav. Co. , which thus was enabled to 
resume operations on the Willamette abo^e Portland, with the boats pur 
chased and others which were built, and became a powerful competitor for 
the trade. The Locks and Transportation Co. built the Willamette Chief ex 
pressly to outrun the boats of the P. T. Co., but found it ruinous work; and 
in 1876 a consolidation was effected, under the name of Willamette Trans 
portation and Locks Company, capital $1,000,000. Its property consisted 
of the locks at Oregon City, the water front at Astoria belonging formerly to 
the 0. S. N. Co., and the Farmers warehouse at that place, and the steam 
boats Willamette Chief, Gov. Grover, Beaver, Annie Stewart, Orient, Occi 
dent, with the barges Autocrat, Columbia, and Columbia s Chief. This secured 
complete monopoly by doing away with competition on either river, except 
from independent lines. Salem Will. Farmer, Jan. 7, 1876; Adams Or., 
37-8. 

The steam-tug Fire-Fly was lost by springing aleak on the bar in Feb. 
1854. Thomas Hawks, captain, L. H. Swaney, Van Dyke, Wisenthral, and 
other persons unknown were drowned. At the close of the year the steam 
ship Southerner, Capt. F. A. Sampson, was wrecked on the Washington 
coast. The steamer America, bound to Oregon and Washington ports, was 
burned in the harbor of Crescent City the following summer. 

The steamships engaged in the carrying trade to Oregon from 1850 to 
1855 were the Carolina, which I think made but one trip, the Seagull, Pan 
ama, Oregon, Gold Hunter, Columbia, Quickstep, General Warren, Fremont, 
America, Peytonia, Southerner, and Republic. Three of these had been 
wrecked, the Seagull, General Warren, and Southerner, in as many years. 
Others survived unexpectedly. 



342 LEGISLATION, MINING, AND SETTLEMENT. 

ous damage. The treaty Indians of Rogue River 
sickened in the reservation, and the agent permitted 
them to roam a little in search of health. Some of 
them being shot by white men, their chiefs demanded 
that the murderers be brought to justice, as had been 
promised them, but it was not done. Few of such 
cases ever came into the courts, 51 and it was as rare 
an occurrence for an Indian to be tried by process 
of law. 52 

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 
Klamath, Scott, and Shasta valleys, who now took 
the war-path toward the country of the Modocs, to 
join with them in a general butchery of immigrants 
and settlers. 

In the absence of a regular military force, that at 
Fort Jones, consisting of only seventy men, wholly 
insufficient to guard two hundred miles of immigrant 
road, the governor was requested to call into service 
volunteers, which was done. Governor Davis also 
wrote to General Wool for troops. Meanwhile a 
company was sent out under Jesse Walker, who kept 
the savages at bay, and on its return received the 
commendations of Governor Curry, Davis having in 
the mean time resigned. 

This expedition was used by the dominant party 
for many years to browbeat the influential whigs of 
southern Oregon. The Statesman facetiously named 
it the "expedition to fight the emigrants;" and in 
plainer language denounced the quartermaster-gen 
eral and others as thieves, because the expedition cost 
forty-five thousand dollars. 53 

51 In Judge Deady s court the following year a white man was convicted 
of manslaughter of an Indian, and was sentenced to two years in the peni 
tentiary. Or. Statesman, June 2, 1855. 

52 The slayers of Edward Wills and Kyle, and those chastised by Major 
Kearney in 1851, are the only Indians ever punished for crime by either civil 
or military authorities in southern Oregon. U. S. H. Misc. Doc. 47, 58, 35th 
cong. 2d sess. 

53 Grasshoppers had destroyed vegetation almost entirely in the southern 
valleys this year, which led to a great expense for forage. 



INDIAN DISTURBANCES. 343 

Drew in his report seemed to apologize for the 
great cost, and pointed out that the prices were not 
so high as in 1853, and that many expenses then in 
curred had been avoided; but he could not prevent 
the turning into political capital of so large a claim 
against the government, though it was the merchants 
of Yreka and not of Jacksonville who overcharged, 
if overcharging there was. 54 The attacks made on 
the whigs of southern Oregon led to the accumula 
tion of a mass of evidence as to prices, and to years 
of delay in the settlement of accounts. On the side 
of the democrats in this struggle was General Wool, 
then in command of the division of the Pacific, who 
wrote to Adjutant-general Thomas at New York 
that the governor of Oregon had mustered into ser 
vice a company of volunteers, but that Captain Smith 
was of opinion that they were not needed, and that 
it was done on the representations of speculators who 
were expecting to be benefited by furnishing sup 
plies. 55 

There was a massacre of immigrants near Fort 
Boise in August, that caused much excitement on 
the Willamette. The party was known as Ward s 
train, being led by Alexander Ward of Kentucky, 
and consisting of twenty-one persons, most of whom 
were slain. 56 Not only was the outrage one that 
could riot be overlooked, or adequately punished by 
civil or military courts, but it was cause for alarm 
such as was expressed in the report of Quartermaster 
Drew, that a general Indian war was about to be pre 
cipitated upon the country, an apprehension strength 
ened by reports from many sources. 

In order to make plain all that followed the events 
recorded in this chapter, it is necessary to revert to- 

54 The merchants and traders of Jacksonville, who were unable to furnish 
the necessary supplies, which were drawn from Yreka, testified as to prices. 
U. S. II. J/i.vc. Doc. 47, 32-5, 35th cong. 2d sess. 

5) Message of President Pierce, with correspondence of General Wool, in 
U. /> . Sen. Ex. Doc. 16, 33d cong. 2d sess. 

56 For particulars see California Inter Pocula, this series, passim. 



344 LEGISLATION, MINING, AND SETTLEMENT. 

statements contained in the correspondence of the war 
department. That which most concerned this par 
ticular period is contained in a document transmitted 
to the senate, at the request of that body, by Presi 
dent Pierce, at the second session of the thirty-third 
congress. In this document is a communication of 
General Wool to General Cooper at Washington 
City, in which is mentioned the correspondence of 
the former with Major Rains of the 4th infantry, 
in command of Fort Dalles, and of Major Alvord, 
U. S. paymaster at Vancouver, who had each written 
him on the subject of Indian relations. As the re 
port of Rains has been mentioned in another place, 
it is not necessary to repeat it here. Colonel George 
Wright had contributed his opinion concerning the 
"outrages of the lawless whites" in northern Cali 
fornia, and to strengthen the impression, had quoted 
from the report of Indian Agent Culver concerning 
the conduct of a party of miners on Illinois River, who 
had, as he averred, wantonly attacked an Indian en 
campment and brutally murdered two Indians and 
wounded others. 67 The facts were presented to Wool, 
and by Wool to headquarters at Washington. The 
general wrote, that to prevent as far as possible the 
recurrence of further outrages against the Indians, 
he had sent a detachment of about fifty men to re- 
enforce Smith at Fort Lane; but that to keep the 
peace and protect the Indians against the white people, 
the force in California and Oregon must be increased. 
This letter was \vritten in March 1854. 

On the 31st of March, Wool again wrote General 
Scott, at New York, that the difficulty of preserving 

57 U. S. Sen. Ex. Doc. 16, 14-15, 33d cong. 2d sess. Lieut J. C. Bonny- 
castle, commanding Fort Jones, in relating the attack on some of the Shastas 
whom he was endeavoring to protect, and whom Captain Goodall was escort 
ing to Scott s Valley to place in his hands, says: Most of the Indians hav 
ing escaped into the adjacent chapparal, where they lay concealed, the whites 
began a search for them, during which an Indian from behind his bush for 
tunately shot and killed a white man named McKaney. In the same report 
he gives the names of the men who had fired on the Indians, the list not in 
cluding the name of McKaney. U. S. Xen. Ex. Doc. 16, p. 81, 33d cong. 2d 
Bess.; U. S. 21. Ex. Doc. 1, 446-66, vol. i. pt i., 33d cong. 2d sess. 



ATTITUDE OF THE ARMY. 345 

peace, owing to the increase of immigration and the 
encroachments of the white people upon the Indians, 
which deprived them of their improvements, was con 
tinually increasing. There were, he said, less than a 
thousand men to guard California, Oregon, Washing 
ton, and Utah, and more were wanted. The request 
was referred by Scott to the secretary of war, and 
refused. 

In May, Wool sent Inspector-general J. K. F. 
Mansfield to make a tour of the Pacific department, 
and see if the posts established there should be made 
permanent; but expressed the opinion that those in 
northern California could be dispensed with, not 
withstanding that the commanders of forts Reading 
and Jones were every few weeks sending reports 
filled with accounts of collisions between the white 
population and the Indians. 

At this point I observe certain anomalies. Congress 
had invited settlers to the Pacific coast for political 
reasons. These settlers had been promised protection 
from the savages. That protection had never to 
any practical extent been rendered; but gradually 
the usual race conflict had begun and strengthened 

O c5 

until it assumed alarming proportions. The few 
officers of the military department of the govern 
ment, sent here ostensibly to protect its citizens, had 
found it necessary to devote themselves to protecting 
the Indians. Over and over they asserted that the 
white men were alone to blame for the disturbances. 
Writing to the head of the department at New 
York, General Wool said that the emigration to Cal 
ifornia and Oregon would soon render unnecessary a 
number of posts which had been established at a great 
expense, and that if it were left to his discretion, he 
should abolish forts Reading and Miller in California, 
and establish a temporary post in the Pit River coun 
try; also break up one or two posts in northern Cali 
fornia and Oregon, which could only mean forts Jones 
and Lane, and establish another on Puget Sound, 



346 LEGISLATION, MINING, AND SETTLEMENT. 

and, if possible, one in the Boise country; though his 
preference would be given to a company of dragoons 
to traverse the Snake River country in the summer 
and return to The Dalles in the winter. 

Governor Curry, on learning that the expedition 
under Haller had accomplished nothing, and that the 
whole command numbered only sixty men, and think 
ing it too small to accomplish anything in the Snake 
River country should the Indians combine to make 
war on the immigration, on the 18th of September 
issued a proclamation calling for two companies of 
volunteers, of sixty men each, to serve for six months, 
unless sooner discharged, and to furnish their own 
horses, equipments, arms, and ammunition; the com 
panies to choose their own officers, and report to Brig 
adier General Nesmith on the 25th, one company to 
rendezvous at Salem and the other at Oregon City. 

Commissions were issued to George K. Shell, as 
sistant adjutant-general, John McCracken, assistant 
quartermaster-general, and Victor Trevitt, commissary 
and quartermaster. A request was despatched to 
Vancouver, to Bonneville, to ask from the United 
States arms, ammunition, and stores with which to 
supply the volunteer companies, which Bonneville re 
fused, saying that in his opinion a winter campaign 
was neither necessary nor practicable. Nesmith be 
ing of like opinion, the governor withdrew his call 
for volunteers. 

When the legislative assembly convened, the gov 
ernor placed before them all the information he pos 
sessed on Indian affairs, whereupon a joint committee 
was appointed to consider the question. Lane had 
already been informed of the occurrences in the Boise 
country, but a resolution was adopted instructing 
the governor to correspond with General Wool and 
Colonel Bonneville in relation to the means available 
for an expedition against the Shoshones. The total 
force then in the Pacific department was 1,200, dra 
goons, artillery, and infantry; of which nine compa- 



WAR FORCES. 347 

nies of infantry, 335 strong, were stationed in Ore 
gon and Washington, and others were under orders 
for the Pacific. 

Governor Davis had written Wool of anticipated 
difficulties in the south; whereupon the latter in 
structed Captain Smith to reenforce his squadron 
with the detachment of horse lately under command 
of Colonel Wright, and with them to proceed to 
Klamath Lake to render such assistance as the immi 
gration should require. About a month later he re 
ported to General Thomas that he had called Smith s 
attention to the matter, and that he was informed that 
all necessary measures had been taken to prevent dis 
turbances on the emigrant road. 

In congress the passage of the army bill failed this 
year, though a section was smuggled into the appro 
priation bill adding two regiments of infantry and 
two of cavalry to the existing force, and authorizing 
the president, by the consent of the senate, to appoint 
one brigadier general. It was further provided that 
arms should be distributed to the militia of the terri 
tories, under regulations prescribed by the president, 
according to the act of 1808 arming the militia of 
the states. No special provision was made for the 
protection of the north-west coast, and Oregon was 

t O 

left to meet the impending conflict as best it might. 






CHAPTER XIV. 

GOVERNMENT AND GENERAL DEVELOPMENT. 

1854-1855. 

RESIGNATION OF GOVERNOR DAVIS His SUCCESSOR, GEORGE LAW CURRY 
LEGISLATIVE PROCEEDINGS WASTE OF CONGRESSIONAL APPROPRIA 
TIONS STATE HOUSE PENITENTIARY RELOCATION OF THE CAPITAL 
AND UNIVERSITY LEGISLATIVE AND CONGRESSIONAL ACTS RELAT VE 
THERETO MORE COUNTIES MADE FINANCES TERRITORIAL CONVEN 
TION NEWSPAPERS THE SLAVERY SENTIMENT POLITICS OF THE PE 
RIOD WHIGS, DEMOCRATS, AND KNOW-NOTHINGS A NEW PARTY 
INDIAN AFFAIRS TREATIES EAST OF THE CASCADE MOUNTAINS. 

IN August 1854 Governor Davis resigned. There 
was no fault to be found with him, except that he was 
imported from the east. In resigning, he gave as a 
reason his domestic affairs. He was tendered a part 
ing dinner at Salem, which was declined; and after a 
residence of eight months in the territory he returned 
to the states with a half-declared intention of making 
Oregon his home, but he died soon after reaching the 

O C- 5 

east. Although a good man, and a democrat, he was 
advised to resign, that Curry might be appointed 
governor, which was done in November following. 1 

Curry was the favorite of that portion of the dem 
ocratic party known as the Salem clique, and whose 
organ was the Statesman. He followed the States- 
mans lead, and it defended him and his measures, 
which were really its own. He was a partisan more 
through necessity than choice, and in his intercourse 
with the people he was a liberal and courteous gentle- 
bane s Autobiography, MS., 59; Or. Statesman, Dec. 12, 1854; Amer. 

Almanac. 1855-6. 1857-9. 

(348) 



LEGISLATURE 1854-5. 349 

man. Considering his long acquaintance with Oregon 
affairs, and his probity of character, he was perhaps 
as suitable a person for the position as could have 
been found in the party to which he belonged. 2 He 
possessed the advantage of being already, through his 
secretaryship, well acquainted with the duties of his 
office, in which he was both faithful and industrious. 
Such was the man who was chosen to be governor of 
Oregon during the remaining years of its minority, 
and the most trying period of its existence. 

The legislature met as usual the first Monday in 
December, 3 with James K. Kelly president of 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 Washington Blues in the engage 
ment preceding the capture of Washington city in the war of 1812; and 
grandson of Christopher Curry, an emigrant from England who settled in 
Philadelphia, and lies in the Christ Church burial-ground of that city. He 
visited the republic of Colombia when a child, and returned to the family 
homestead near Harrisburg, Penn. His father dying at the age of 11, he went 
to Boston, where he was apprenticed to a jeweler, finding time for study and 
literary pursuits, of which he was fond. In 1838 he was elected and served 
two terms as president of the Mechanic Apprentices Library, upon whose 
records may be found many of his addresses and poems. In 1843 he removed 
to St Louis, and there joined with Joseph M. Field and other theatrical and 
literary men in publishing the Reveille, emigrating to Oregon in 1846, after 
which time his history is a part of the history of the territory. His private 
life was without reproach, and his habits those of a man of letters. He lived 
to see Oregon pass safely through the trials of her probationary period to be 
a thriving state, and died July 28, 1878. Biography of George L. Curry, MS., 
1-3; Seattle Pacific Tribune, July 31, 1878; Portland Standard, July 13, 
1878; S. F. Post, July 30, 1878; Ashland Tidings, Aug. 9, 1878; Salem States 
man, Aug. 2, 1878; Portland Oregonian, July 29, 1878. 

3 The members elect of the council were: J. C. Peebles of Marion; J. K. 
Kelly, Clackamasand Wasco; Dr Cleveland of Jackson; L. W. Phelpsof Linn; 
Dr Greer, Washington and Columbia; J. M. Fulkerson, Polk and Tillamook; 
John Richardson, Yamhill; A. L. Humphrey, Bentoii and Lane; Levi Scott, 
Umpqua. The lower house consisted of G. W. Coffinbury, of Clatsop; E. S. 
Tanner, David Logan, D. H. Belknap, Washington; A. J. Hembree, A. G. 
Henry, Yamhill; H. N. V. Holmes, Polk and Tillamook; I. F. M. Butler, 
Polk; R. B. Hinton, W^ayman St Clair, Benton; L. F. Cartee, W. A. Stark 
weather, A. L. Lovejoy, Clackamas; C. P. Crandall, R. C. Geer, N. Ford, 
Marion; Luther Elkins, Delazon Smith, Hugh Brown, Linn; A. W. Patterson, 
Jacob Gillespie, Lane; James F. Gazley, Douglas; Patrick Dunn, Alexander 
Mclntire, Jackson; 0. Humason, Wasco; Robert J. Ladd, Umpqua; J. B. 
Condon, Columbia; J. H. Foster, Coos, elected but not present. Two other 
names, Dunn and Walker, appear in the proceedings and reports, but no clew 
is given to their residence. Or. Jour. Council, 1854-5; Or. Statesman, Dec. 
12, 1854. The clerks of the council were B. Geuois, J. Costello, and M. C. 
Edwards. Sergeant-at-arms, J. K. Delashmutt; doorkeeper, J. L. Gwinn. 
The clerks of the lower house were Victor Trevitt, James Elkins, S. M. 
Hammond. Sergeant-at-arms, G. L. Russell; doorkeeper, Blevins. 



350 GOVERNMENT AND GENERAL DEVELOPMENT. 

The session was begun and held in two rooms of the 
state house, which was so far finished as to be used 
for the meetings of the assembly. The principal busi 
ness, after disposing of the Indian question, was con 
cerning the public buildings and their location. The 
money for the state house was all expended, and the 
commissioners were in debt, while the building was 
still unfinished. The penitentiary fund was also nearly 
exhausted, while scarcely six cells of the prison w r ere 
finished, 4 and the contractors were bringing the gov 
ernment in their debt. The university commissioners 
had accepted for a site five acres of land tendered by 
Joseph P. Friedley at Corvallis, and had let the con 
tracts for building materials, but had so far only ex 
pended about three thousand dollars; while the com 
missioners appointed to select, protect, sell, and control 
the university lands had made selections amounting 
to 18,000 acres, or less than one township. Of this 
amount between 3,000 and 4,000 acres had been sold, 
for which over $9,000 had been realized. In this case 
there was no indebtedness. No action had yet been 
taken concerning the Oregon City claim, which was 
a part of the university land, but proceedings would 
soon be begun to test the validity of titles. 5 To meet 
the expense of litigation, an act was passed authoriz 
ing the employment of counsel, but with a proviso 
that in the event of congress releasing this claim to 

4 The territorial prisoners were placed in charge of the penitentiary com 
missioners about the beginning of 1854. There were at that time three con 
victs, six others being added during the year. It is shown by a memorial from 
the city of Portland that the territorial prisoners had been confined in the 
city prison, which they had set on fire and some escaped. The city claimed 
indemnity in $12,000, recovering $600. A temporary building was then 
erected by the commissioners for the confinement of those who could not be 
employed on the penitentiary building, some of whom were hired out to the 
highest bidder. It was difficult to obtain keepers on account of the low sal 
ary. It was raised at this session to $1,000 per annum, with $600 for each 
assistant. G. D. R. Boyd, the first keeper, received $716 for 7 months 
service. 

5 A memorial had been addressed to congress by Anderson of the legisla 
ture of 1852-3, praying that the Oregon City claim might be released to Mc- 
Loughlin, and a township of land granted that would not be subject to liti 
gation. Whether it was forwarded is uncertain; but if so, it produced no 
effect. 



THE CAPITAL QUESTION. 351 

McLotighlin, the money obtained from the sale of 
lots should be refunded out of the sale of the second 
township granted by congress for university purposes 
in the last amendment to the land law of Oregon. 6 
Such was the condition of the several appropriations 
for the benefit of the territory, at the beginning of 
the session. 

And now began bargaining. Further appropria 
tions must be obtained for the public buildings. Cor- 
vallis desired the capital, and the future appropria 
tions. At the same time the members from southern 
Oregon felt that their portion of the state was entitled 
to a share in the distribution of the public money. 
An act was passed relocating the seat of government 
at Corvallis, and removing the university to Jackson 
ville. 7 It was not even pretended that the money 
to be spent at Jacksonville would benefit those it was 
intended to educate, but only that it would benefit 
Jackson county. 8 

The act which gave Corvallis the capital ordained 
that " every session of the legislative assembly, either 
general or special," should be convened at that place, 
and appointed a new board of commissioners to erect 
suitable public buildings at the new seat of govern 
ment. 9 Congress made a further appropriation of 
$27,000 for the state house, and $40,000 for the peni 
tentiary, to be expended in such a manner as to in 
sure completion without further aid from the United 
States. 1( Then it began to be understood that the re 
location act, not having been submitted to congress as 
required by the organic act, was not operative, and 

6 This is an allusion to a memorial similar to Anderson s passed at the 
previous session. 

7 Or. Laws, in Statesman, Feb. 6 and 13, 1855. 

8 In the bargain between Avery and the Jackson county member, said the 
Statesmaii, the latter remarked that he did not expect it [the university] to 
remain there, but there would be about $12,000 they could expend before it 
could be removed, which would put up a building that would answer for a 
court-house. 

9 B. R. Biddle, J. S. Mcltuney, and Fred. Waymire constituted the new 
board. Or. Statesman, Feb. 6, 1855. 

10 Cong. Globe, 1854-5, app. 380, 33d cong. 2d sess. 



352 GOVERNMENT AND GENERAL DEVELOPMENT. 

that the seat of government was not removed from 
Salem to Corvallis by that act, nor would it be until 
such times as congress should take action. Nor could 
the governor pay out any part of the appropriation 
under instructions from the legislature, except under 
contracts already existing. The executive office, more 
over, should not be removed from Salem before con 
gress should have approved the relocation act. 11 So 
said the comptroller; but the governor s office was 
already removed to Corvallis when the comptroller 
reached this decision. The Statesman, too, which did 
the public printing, had obeyed the legislative enact 
ment, and moved its office to the new seat of govern 
ment. 12 

When the legislature met in the following Decem 
ber, Grover introduced a bill to relocate the capital 
at Salem, which became a law on the 12th of De 
cember, 1855. But this action was modified by the 
passage of an act to submit the question to the people 
at the next election. Before this was done, and per 
haps in order that it might be done, the almost com 
pleted state house, with the library and furniture, was 
destroyed by fire, on the night of the 30th of Decem 
ber, which was the work of an incendiarv. The 

\j 

whigs charged it upon the democrats, and the demo 
crats charged it upon "some one interested in having 
the capital at Corvallis." However that may have 
been, it fixed the fate of Corvallis in this regard. 14 
Further than this, it settled definitely the location 
question by exhausting the patience of the people. 15 

11 Or. Jour. Council, 1855-6, app. 12. 

12 Corvallis had at this time a court-house, two taverns, two doctors, and 
several lawyers offices, a school-house, the Statesman office, a steam saw-mill, 
and two churches. The methodist church was dedicated Dec. 16, 1855, G. 
Mines officiating. Or. Statesman, Oct. 13 and Dec. 8, 1855; Speech of Grover, 
in Id., Dec. 18, 1855. 

De.adtf* Hist. Or., MS., 26; Graver s Pub. Life in Or., MS., 51-4; Or. 
Statesman, Jan. 29, 1856; Id., July 29 and Sept. 30, 1856; Or. Argus, Jan. 
5, 1856; Or. Jour. House, 1855-6, app. 165-70; Armstrong 9 Or., 17. 

14 At the election in June 1856, the votes for the capital between the prin 
cipal towns stood, Portland, 1,154; Salem, 2,049; Corvallis, 1,998; Eugene, 
2,316. 

15 At the final election between these places the people refused to vote, 



LEGISLATIVE PROCEEDINGS. 353 

The legislature was reduced to the necessity of meet 
ing in hired apartments for nearly twenty years before 
the state was able to erect a suitable structure. 

The $40,000 appropriated to complete the peniten 
tiary was expended on a building which should not 
have cost one third of the two appropriations, the 
state a dozen years later erecting another and better 
one at Salem. 

To return to the legislative proceedings of 1854-5. 
Another partisan act of this body was the passage of 
a bill in which voting viva voce was substituted for 
voting by ballot a blow aimed at anticipated suc 
cess of the new party; and this while the Statesman 
made war on the anti-foreign and anti-catholic prin 
ciples of the know-nothings, forgetting how zealously 
opposed to foreigners and catholics the first great 
democratic leader of Oregon, S. R. Thurston, had 
been. Specious reasons were presented in debate, for 
the adoption of the new rule, while the Statesman 
openly threatened to deprive of public patronage all 
who by the viva voce system were discovered to be 
opposed to democratic principles. In view of the 
coming election, the viva voce bill possessed much sig 
nificance. It compelled every man to announce by 
voice, or by a ticket handed to the judge, his choice, 
which in either case was cried aloud. This surveillance 
was a severe ordeal for some who were not ready 
openly to part company with the democracy, and 
doubtless had the effect to deter many. As a coer 
cive measure, it was cunningly conceived. Every 
whig in the house voted against it, and one third of 
the democrats, and in the council the majority was 
but two. This bill also possessed peculiar significance 
in view of the passage of another requiring the people 
to vote at the next election on the question of a 

being, as the Statesman said, tired of the subject. Avery, who was elected 
to the legislature in 1856, again endeavored to bring the subject before them, 
but the bill was defeated. 

HIST. OR., VOL. II. 23 



354 GOVERNMENT AND GENERAL DEVELOPMENT. 

state constitutional convention, for which the ruling 
party, foreseeing that appropriations for the territory 
were about exhausted, was now ripe. The three 
measures here mentioned comprise all of the impor 
tant work of the session. 16 

An effort was made in the election of 1854 to get 
some temperance men elected to the legislature, in 
order to secure a prohibitory liquor law ; and for this 
purpose a third party, called the Maine-law party, 
had its candidates in the field. None were elected on 
this issue, but much opposition was aroused. 17 

16 Multnomah county was created at this session out of portions of Wash 
ington and Clackamas, making it comprise a narrow strip lying on both sides 
of the Willamette, including Sauve* Island, and fronting on the Columbia 
River, with the county-seat at Portland. The first county court was organ 
ized Jan. 17, 1855; the board consisting of G. W. Vaughn, Ainslee R. Scott, 
and James Bybee. The bonds of Shubrick Norris, auditor, of William Mc- 
Millen, sheriff, and A. D. Fitch, treasurer, were presented and approved. 
Rooms were rented in the building of Coleman Barrell, on the corner of First 
and Salmon streets, for a court-house. R. B. Wilson was appointed coroner 
at the second meeting of the board. The first board elected at the polls 
was composed of David Powell, Ellis Walker, and Samuel Farman, which 
met July 2, 1855. The first term of the district court was held April 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, William Cree, Robert 
Thompson, William H. Frush, Samuel Farman, William Hall, William 
Sherlock, W. P. Burke, Jacob Kline, Jackson Powell, John Powell. The 
first cause entered on the docket was Thomas V. Smith vs William H. Mor 
ton, David Logan, and Mark Chinn. 

An act of this legislature authorized the location of county seats by a ma 
jority of votes at the annual elections. The county seat of Umpqua was thus 
fixed at Elkton, on the land claim of James F. Levens. An act was passed 
for the support of indigent insane persons. There were a number of applica 
tions made to the legislature to have doubtful marriages legalized; but the 
judiciary committee, to whom they were referred, refused to entertain the 
petitions, on the ground that it was not their duty to shelter persons commit 
ting crimes against the laws and public sentiment. Notwithstanding, a 
special act was passed in the case of John Carey, who had a wife and children 
in the States, to make legitimate the children of a woman whom he had in 
formally taken to wife while crossing the plains. Or. Statesman, April 3, 
1855. 

17 Notwithstanding the antagonism exhibited at the opening of the session, 
the Maine-law bill being withdrawn, an act was passed of the nature of a local- 
option law, requiring retail dealers, or those who wished to sell by any quan 
tity less than a quart, to obtain the signatures of a majority of the legal voters 
in their respective precincts to petitions praying that licenses should be granted 
them; if in a city, the signatures of a majority of the legal voters in the 
ward where it was designed to sell. Before proceeding to obtain the signa 
tures, the applicant was required to post notices for ten days of his intention 
to apply for a license, in order to afford an opportunity for remonstrances to 
be signed. There were two many ways of evading a law of this nature to 
make it serve the purpose of prohibition, even in a temperance community; 



DEMOCRATS AND WHIGS. 355 

The report of the territorial auditor showed that 
whereas at the beginning of the present fiscal year 
he had found $4.28 in the treasury, at its close, after 

/ 

balancing accounts, there were $68.94 on hand. The 
territory was in debt between $7,000 and $8,000; but 
the estimated revenue for the next year would be 
over $11,000, which would not only discharge the 
debt, but lessen the present rate of taxation. En 
couraged by this report, the legislature made appro 
priations which amounted to nearly as much as the 
anticipated revenue, leaving the debt of the territory 
but little diminished, and the rate of taxation the 
same a course for which, when another legislature 
had been elected, they received the reproaches of their 



own organs. 



There began in April 1855, with the meeting of 
the democratic territorial convention at Salem, a 
determined struggle to put down the rising influence 
of whig principles. 19 At the first ballot for delegate 
to congress, Lane received fifty-three out of fifty-nine 
votes, the six remaining being cast by Clackamas 
county for Pratt. A movement had been made in 
Linn county to put forward Delazon Smith, but it 
was prudently withdrawn on the temper of the major 
ity becoming manifest. Lane county had also in 
structed its delegates to vote for Judge George H. 
Williams as its second choice. But the great per 
sonal popularity of Lane threw all others into the 
background. 

On the 18th of April the whigs held a convention 
at Corvallis, for the purpose of nominating a delegate, 

and for this very reason it was possible to pass it in a legislature unfriendly 
t<3 prohibition. 

18 Or. Jour. Council, 1854-5, app. 21-7. The territorial officers elected 
by the assembly were Nat. H. Lane, treasurer; James A. Bennett, auditor; 
and Milton Shannon, librarian. 

19 Said the Statesman of April 17th: Defeat and disgrace to know-noth 
ing whiggery and canting hypocrisy was a decree which went forth from 
that meeting. . .The handwriting is upon the wall, and it reads, "Jo Lane, a 
democratic legislature, democratic prosecutors, democratic everything." 



356 GOVERNMENT AND GENERAL DEVELOPMENT. 

and made choice of Ex-governor Gaines, against four 
other aspirants. The majority being for Gaines on the 
first ballot, T. J. Dryer and A. G. Henry withdrew, 
leaving M. A. Chinn and A. Holbrook. Gaines then 
received sixty-three votes and Chinn three. The 
convention adopted as its platform, " General Gaines 
against the world," and the campaign opened. 20 A 
movement was put on foot by the religious portion of 
the community to form a temperance party, and to 
elect members to the legislature on that issue ; and a 
meeting was held for that purpose April 16th, which 
was addressed by George L. Atkinson, H. K. Hines, 
and W. L. Adams, the last named a rising politician, 
who in the spring of 1855 established the Oregon 
Argus, and advocated among other reforms a prohibi 
tory liquor law. As the paper was independent, it 
tended greatly to keep in check the overweening 
assumption of the Statesman, arid was warmly wel 
comed by the new party. 21 

20 As the reader has been so long familiar with the names of the demo 
cratic leaders, it will be proper here to mention those of the territorial whig 
committee. They were E. N. Cooke, James D. McCurdy, Alex. Mclntyre, 
(J. A. Reed, and T. J. Dryer. Oregonian, April 14, 1855. 

21 The Oregon Argus was printed on the press and with the materials of 
the old Spectator, which closed its career in March 1855. The editor and 
publisher, Mr Adams, possessed the qualifications necessary to conduct an 
independent journal, having self-esteem united with argumentative powers; 
moreover, he had a conscience. In politics, he leaned to the side of the 
whigs, and in religion was a campbellite. This church had a respectable 
membership in Oregon. Adams sometimes preached to its congregations, 
and was known pretty generally as Parson Billy. The mistakes he made in 
conducting his paper were those likely to grow out of these conditions. Being 
independent, it was open to everybody, and therefore liable to take in occa 
sionally persons of doubtful veracity. Being honest, it sometimes betrayed a 
lack of worldly wisdom. The Statesman called it the Airgoose; nevertheless, 
it greatly assisted in forming into a consistent and cohesive body the scat 
tered materials that afterward composed the republican party. The Argus 
continued to be published at Oregon City till May 1863, D. W. Craig being 
associated with Adams in its publication. Six months after its removal, hav 
ing united with the Republican of Eugene City, the two journals passed into 
the hands of a company who had purchased the Statesman, the political status 
of the latter having undergone a change. Salem Directory, 1871, p. 81. Adams 
had in the mean time been appointed collector of customs at Astoria by Lin 
coln, in 1861, and held this position until he resigned it in 1866. In 1868 
he travelled in South America, and finally went to New England, where he 
delivered a lecture on Oregon and the Pacific Coast, at Tremont Temple, Oct. 
14, 1869, which was published in pamphlet form at Boston the same year. 
The pamphlet contains many interesting facts, presented in the incisive and 
yet often humorous style which characterized the author s writings as a jour- 



THE KNOW-NOTHING PARTY. 357 

The Argus, however, placed the name of Gaines at 
the head of the editorial columns as its candidate for 
delegate to congress. The Portland Times was 

o o 

strongly democratic, and sustained the nomination of 
Lane. The Portland Democratic Standard labored 
earnestly for the election of Judge 0. C. Pratt, but 
Lane was destined to secure the prize and received 
the nomination from the Salem convention, which was 
a great disappointment to Pratt s friends. 5 " 

Lane arrived in Oregon early in April, and soon 
after the convention the campaign began, the whigs 
and know-nothings, or native Americans, uniting on 
Gaines and against the democracy. 

The native Americans, it may be here said, were 
largely drawn from the missionary and anti-Hudson s 
Bay Company voters, who took the opportunity fur 
nished by the rise of the new party to give utterance 
to their long-cherished antipathies toward the foreign 
element in the settlement of Oregon. Some of them 
were men who had made themselves odious to right- 
thinking people of all parties by their intemperate 
zeal against foreign-born colonists and the catholic 
religion, basing their arguments for know-nothing 

nalist. He studied medicine while in the east, and practised it after return 
ing to Oregon. In the West Shore, a monthly literary paper began at Port 
land in 1875 by L. Samuels, are Rambling Notes of Olden Times by Adams, 
in which are some striking pictures of the trials and pleasures of pioneer life, 
besides many other articles; but his principal work in life was done as editor 
of the paper he originated. 

22 Of the two papers started in 1850, the Star was removed to Portland 
in 1851, where it became the Times, edited first by Waterman, and subse 
quently by Hibben, followed by Russell D. Austin. It ran until 1858 in 
the interest of the democratic party. West Shore, Jan. 1876. Austin mar 
ried Miss Mary A. Collins of Holyoke, Mass. Oregon Argus, Oct. 13, 1855. 

23 Portland Oregonian, April 15, 1876. Another paper that came into 
being in 1855 was the Pacific Christian Advocate. It \vas first called the 
North Pacific Christian Herald, and had for publishers A. F. Waller-, Thos 
H. Pearne, P. G. Buchanan, J. R. Robb, and C. S. Kingsley, with Thos H. 
Pearne for manager. See Or. Statesman, June 16, 1855. It soon afterward 
changed its name to Pacific Christian Advocate, published by A. F. Waller, 
J. L. Parrish, J. D. Boon, C. S. Kingsley, and H. K. Hines, with Thos H. 
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 be advised 
to purciiase the Pacific Christian Advocate, already started, at $3,500, and 
to employ an editor with a fixed salary. Or. and its Institutions, 107-8. 



358 GOVERNMENT AND GENERAL DEVELOPMENT. 

principles upon the alleged participation in the Whit 
man massacre of the catholic priesthood. 24 

Anything like cant entering into American politics 
has always proven a failure; and the democratic party 
were not too refined to give utterance to an honest 
disgust of the bigotry which attempted it in Oregon. 
The election resulted in the complete triumph of 
democracy, Lane s majority being twenty-one hun 
dred and forty-nine. 25 There were but four whigs 
elected to the assembly, two in each house. A dem 
ocratic prosecuting attorney was elected in each judi 
cial district. 26 The party had indeed secured every 
thing it aimed at, excepting the vote for a state con 
stitution, and that measure promised to be soon se 
cured, as the majority against it had lessened more 
than half since the last election. 

In spite of and perhaps on account of the dom 
inance of democratic influence in Oregon, there was 
a conviction growing in the minds of thinking people 
not governed by partisan feeling, which w r as in time 
to revolutionize politics, and bring confusion upon the 
men who lorded it so valiantly in these times. This 

was, that the struggle for the extension of slave ter- 

ii 
ritory which the southern states were making, aided 

and abetted by the national democratic party, would 
be renewed when the state constitution came to be 
formed, and that they must be ready to meet the 
emergency. 

In view of the danger that by some political jug 
glery the door would be left open for the admission 
of slavery, a convention of free-soilers was called to 
meet at Albany on the 27th of June, 1855. Little 
more was done at this time than to pass resolutions 

24 Or. Am. Evang. Unionist, Aug. 2, 1848. 

"Official, in Or. Statesman, June 30, 1855. The Tribune Almanac for 
1856 gives Lane s majority as 2,235. The entire vote cast was 10,121. There 
were believed to be about 11,100 voters in the territory. 

26 George K. Sheil in the 1st district; Thomas S. Brandon in the 2d; R. PI 
Stratton in the 3d; and W. G. T Vault in Jackson county, which was al 
lowed to constitute a district. 



INDIAN AFFAIES. 359 

expressing the sentiments and purposes of the mem 
bers, and to appoint a committee to draft a platform 
for the anti-slavery party, to be reported to an ad 
journed meeting to be held at Corvallis on the 31st 
of October. 27 This was the beginning of a move 
ment in which the Argus played an important part, 
and which resulted in the formation of the republican 
party of Oregon. It was the voice crying in the 
wilderness which prepared the way for the victory of 
free principles on the Northwest Coast, and secured 
to the original founders of the Oregon colony the 
entire absence of the shadow and blight of an insti 
tution which when they left their homes in the 
States the earliest immigrations determined to leave 
behind them forever. With regard, however, to the 
progress of the new party, before it had time to com 
plete a formal organization, events had occurred in 
Oregon of so absorbing a nature as to divert the 
public mind from its contemplation. 

I have already spoken of the round of visits which 
Indian Superintendent Palmer made in 1854, about 
which time he concluded some treaties none of those 
made by Gaines ever having been ratified- -with the 
Indians of the Willamette Valley. 28 It was not until 
October that he was able to go to the Indians of south- 

27 The committee were John Conner, B. F. Whitson, Thomas S. Kendall, 
Origen Thomson, arid J. P. Tate. Or. Argus, July 7, 1855. The members of 
this first anti-slavery meeting of Oregon were Origen Thomson, H. H. 
Hicklin, T. S. Kendall, Jno. K. McClure, Wm T. Baxter, Wilson BJain, Jno. 
McCoy, Samuel Hyde, W. L. Coon, Wm Marks, W. C. Hicklin, H. F. 
McCully, David Irwin, John Smith, Isaac Pest, J. VV. Stewart, G. W. Lam 
bert, J. B. Forsyth, J. M. McCall, John Conner, Thos Cannon, B. F. Whit- 
son, W. C. Johnson, Hezekiah Johnson, J. T. Craig, D. C. Hackley, S. R. 
McClelland, Robert A. Buck, Samuel Bell, J. P. Tate, U. H. Dunning. 
Alfred Wheeler, Samuel Colrer, D. H. Bodinn, W. C. Garwood, D. Beach, 
Charles Ferry, J. F. Thompson, Milton B. Starr. Or. Argus, July 7, 1855. 

28 A treaty was made with the Tualatin band of Calapooyas for their land 
lying in Washington and Yamhill counties, for which they received $3, 300 in 
goods, money, and farm tools; also provisions for one year, and annuities of 
goods for twenty years, besides a tract of 40 acres to each family, two of 
which were to be ploughed and fenced, and a cabin erected upon it. Teach 
ers of farming, milling, blacksmithing, etc. , were to be furnished with manual- 
labor schools for the children. The provisions of all of Palmer s treaties were 
similar. 



360 GOVERNMENT AND GENERAL DEVELOPMENT. 

era Oregon with the assurance that congress had rat 
ified the treaties made at the close of the war of 1853, 
with some amendments to which they consented some 
what unwillingly, 29 but were pacified on receiving their 
first instalment of goods. S. H. Culver was removed, 
and George H. Ambrose made agent on the Rogue 
River reservation. 80 By the 1st of February, 1855, all 
the lands between the Columbia River and the summit 
of the Calapooya Mountains, and between the Coast 
and Cascade ranges, had been purchased for the United 
States, the Indians agreeing to remove to such local 
ities as should be selected for them, it being the in 
tention to place them east of the Cascades. But the 
opposition made by all natives, to being forced upon 
the territory of other tribes, or to having other tribes 
brought into contact with them, on their own lands, 
influenced Palmer to select a reservation on the coast, 
extending from Cape Lookout on the north to a point 
half-way between the Siuslaw and Umpqua rivers, 
taking in the whole country west of the Coast Range, 
with all the rivers and bays, for a distance of ninety 
miles, upon which the Willamette and coast tribes 
were to be placed as soon as the means should be at 
hand to remove them. 

No attempt to treat with the Oregon tribes east of 
the Cascade Mountains for their lands had ever been 
made, and except the efforts of the missionaries, and 
the provisional government, for which White may be 
considered as acting, nothing had been done to bring 
them into friendly relations with the citizens of the 
United States. The Cayuse war had left that tribe 

29 The amendment most objected to was one which allowed other tribes to 
be placed on their reservation, and which consolidated all the Rogue River 
tribes. 

30 Palmer appears to have been rather arbitrary, but being liked by the 
authorities, in choosing between him and an agent whom ne disliked, they 
dismissed the agent without inquiry. Sub-agent Philip F. Thompson of 
Umpqua having died, E. P. Drew succeeded him. Nathan Olney superseded 
Parrish. There remained R. R. Thompson, W. W. Raymond, and William 
J. Martin, who resigned in the spring of 1855, and was succeeded by Robert 
B. Metcalfe. These frequent changes were due, according to Palmer, to in 
sufficient salaries. 



TREATIES AND PURCHASE OF LANDS. 361 

imbittered toward the American people. Governor 
Stevens of Washington Territoy, when exploring for 
the Pacific railroad, in 1853, had visited and conferred 
with the tribes north and east of the Columbia con 
cerning the sale of their lands, all of whom professed 
a willingness to dispose of them, and to enter into 
treaty relations with the government. 31 Stevens had 
reported accordingly to congress, which appropriated 
money to defray the expense of these negotiations, 
and appointed Stevens and Palmer commissioners to 
make the treaties. But in the mean time a vear and 

tf 

a half had elapsed, and the Indians had been given 
time to reconsider their hasty expressions of friend 
ship, and to indulge in many melancholy forebodings 
of the consequences of parting with the sovereignty 
of the country. These regrets and apprehensions were 
heightened by a knowledge of the Indian war of 1853 
in Rogue River Valley, the expedition against the Mo- 
docs and Piutes, and the expedition of Major Haller 
then in progress for the punishment of the murderers 
of the Ward company. They had also been informed 
by rumor that the Oregon superintendent designed to 
take a part of the country which they had agreed to 
surrender for a reservation for the diseased and de 
graded tribes of western Oregon, whose presence or 
neighborhood they as little desired as the white inhab 
itants. At least, that is what the Indians said of them 
selves. 

Aware to some extent of this feeling, Stevens sent 
in January 1855 one of his most trusted aids, James 
D oty, among the Indians east of the mountains, to 
ascertain their views before opening negotiations for 
the purchase of their lands. To Doty the Indians 
made the same professions of friendship and willing 
ness to sell their country which they had made to 
Stevens in 1853: and it was agreed to hold a general 

o c? 

council of the Yakimas, Nez Perces, Cayuses, Walla 

31 /. 7. Stem?*, in Ind. Aff. Rept, 1854, 184, 248; U. 8. H. Ex. Doc. 55, 
2, 33d cong. 1st sess. 



362 GOVERNMENT AND GENERAL DEVELOPMENT. 

Wallas, and their allies, to be convened in the Walla 
Walla Valley in May. The place of meeting was 
chosen by Karniakin, head chief of the Yakimas, be 
cause it was an ancient council-ground of his people, 
and everything seemed to promise a friendly confer 
ence. 

A large amount of money was expended in Indian 
goods and agricultural implements, the customary 
presents to the head men on the conclusion of treaties. 
These were transported above The Dalles in keel 
boats, 32 and stored at Fort Walla Walla, then in 
charge of James Sinclair of the Hudson s Bay Com 
pany. A military escort for the commissioners was 
obtained at Fort Dalles, consisting of forty dragoons 
under Lieutenant Archibald Gracie, 33 the company 
being augmented to forty-seven by the addition of a 
detachment under a corporal in pursuit of some Indian 
murderers whom they had sought for a week without 
finding. 

On the 20th of May the commissioners, who had 
hastened forward, arrived at Walla Walla, and pro 
ceeded to the council-grounds about five miles from 
Waiilatpu, 3 * where the encampment was made before 
the escort arrived. 35 The Indians, with their accus- 

32 Stevens speaks of this as the opening of navigation above The Dalles. 
They were succeeded, he says, by sailing vessels of 60 tons freight, and soon 
by a steamer. Pac. R. E. 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 
expedition and transactions of the commission, under title of The. Indian 
Council at Walla Walla, San Francisco, 1855, a pleasantly told narrative, in 
which there is much correct information, and some unimportant errors con 
cerning mission matters of which he had no personal knowledge. He 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 the 
Expedition against the Northern Indians in the Summer of 1858, New York, 
1859, in which the author seeks to defend the army officers from aspersions 
cast upon them in the newspapers, and even in speeches on the floor of con 
gress, as the drones of society, living on the government, yet a useless en 
cumbrance and expense. 

31 Kip speaks of visiting some gentlemen residing on the site of the old 
mission, who were raising stock to sell to emigrants crossing the plains, or 
settlers who will soon be locating themselves through these valleys. Indian 
Council, 16. 

35 Kip -also describes the council-ground as a beautiful spot, and tells us 
that an arbor had been erected for a dining-hall for the commissioners, with 



A GRAND POWWOW. 363 

tomed dilatoriness, did not begin to come in until the 
24th, when Lawyer and Looking Glass of the Nez 
Perces arrived with their delegation, and encamped 
at no great distance from the commissioners, after 
having passed through the fantastic evolutions, in 
full war costume, sometimes practised on such occa 
sions. 36 The Cayuses appeared in like manner two 
days later, and on the 28th the Yakimas, who, with 
others, made up an assemblage of between four and 
five thousand Indians of both sexes. An attempt 
was made on the day following to organize the coun 
cil, but it was not until the 30th that business was 
begun. 

Before the council opened it became evident that a 
majority of the Indians were not in favor of treating, 37 
if indeed they were not positively hostile to the peo 
ple represented by the commissioners; the Cayuses in 
particular regarding the troops with scowls of anger, 
which they made no attempt to conceal. Day after 
day, until the llth of June, the slow and reluctant 
conference went on. The chiefs made speeches, with 
that mixture of business shrewdness and savage poetry 
which renders the Indian s eloquence so effective. 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 
have equalled its picturesqueness. 

36 See Hist. Or., i. 130-1, this series. 

37 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 ground is listening to what is said. . .1 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. We 
have these names and hold these names. Neither the Indians nor the whites 
have a right to change these names." The ground says, "The great 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, 
and do each other no harm. The great spirit said, "You Indians who take 
care of certain portions of the country should not trade it off except you get 
a fair price. " Kip s Indian Council, 22-6. In this argument was an attempt 
to enunciate a philosophy equal to the white man s. It ended, as all savage 



364 GOVERNMENT AND GENERAL DEVELOPMENT. 

The commissioners exhausted their store of logic in 
convincing their savage hearers that they needed the 
benefits of the culture which the white race could im 
part to them. Over and over again, the motives of 
the treaties arid the treaties themselves were explained 
in the most painstaking manner. The fact was patent 
that the Indians meant to resist the invasion of their 
lands by the people of the United States. The 
Cay uses were against any sale. Owhi, chief of the 
Umatillas, and brother-in-law of Kamiakin, was op 
posed to it. Peupeumoxmox, usually so crafty and 
non-committal, in this matter was decided; Kamiakin 
would have nothing to do with it; Joseph and Look 
ing Glass were unfriendly; and only Lawyer con 
tinued firm in keeping his word already pledged to 
Stevens. 33 But for him, and the numerical strength 
of the Nez Perces, equal, to that of all the other 
tribes present, no treaty could have been concluded 
with any of the tribes. His adherence to his deter 
mination greatly incensed the Cayuses against him, 
and some of his own nation almost equally, especially 
Joseph, who refused to sign the treaty unless it se 
cured to him the valley which he claimed as the home 
of himself and his people. 40 Looking Glass, war chief 

arguments do, in showing the desire of gain, and the suspicion of being 
cheated. 

39 I think it is doubtful, says Kip, if Lawyer could have held out but 
for his pride in his small sum of book lore, which inclined him to cling to his 
friendship with the whites. In making a speech, he was able to refer to the 
discovery of the continent by the Spaniards, and the story of Columbus mak 
ing the egg stand on end. He related how the red men had receded before 
the white men in a manner that was hardly calculated to pour oil upon the 
troubled waters; yet as his father had agreed with Lewis and Clarke to live 
in peace w T ith the whites, he was in favor of making a treaty! 

40 Concerning the exact locality claimed by Joseph at this time as his home, 
there has been much argument and investigation. At the beginning of this 
history, Joseph was living near Lapwai, but it is said he was only there for 
the purpose of attending Spalding s school; that his father was a Cayuse, who 
had two wives, one a Nez Perce", the mother of Joseph, and the other a Cay- 
use, the mother of Five Crows; that Joseph was born on Snake River, near 
the mouth of the Grand Rond \vhere his father lived, and that after the 
Lapwai mission was abandoned he went back to the mouth of the Grand 
Rond, where he died in 1871. These facts are gathered from a letter of 
Indian Agent Jno. B. Monteith to H. Clay Wood, and is contained in a 
pamphlet published by the latter, called The Status of Young Joseph and his 
Band of Nez Perc6 Indians under the Treaties, etc., written to settle the 



RETIRING ABORIGINALS. 365 

of the Nez Perces, showed his opposition by not com 
ing to the council until the 8th, and behaving rudely 
when he did come.* 1 Up to almost the last day, 
Palmer, who had endeavored to obtain the consent of 
the Indians to one common reservation, finding them 
determined in their refusal, finally offered to reserve 
lands separately in their own country for those who 
objected to going upon the Nez Peree reservation, 
and on this proposition, harmony was apparently re 
stored, all the chiefs except Kamiakin agreeing to it. 
The haughty Yakima would consent to nothing; but 
when appealed to by Stevens to make known his 

question of Joseph s right to the Wallowa Valley in Oregon, his claim to 
which brought on the war of 1877 with that band of Nez Percys. Wood s 
pamphlet, which was written by the order of department commander Gen. 
O. O. Howard, furnishes much valuable information upon this rather obscure 
subject. Wood concludes from all the evidence that Joseph was chief of the 
upper or Salmon Riv 7 er branch of the Nez Force s, and that his claim to the 
Wallowa Valley as his especial home was not founded in facts as they existed 
at the time of the treaty of 1855, but that it was possessed in common by the 
Nez Perec s as a summer resort to fish. As the reservation took in both sides 
of the Snake River as far up as fifteen miles below the mouth of Powder 
River, and all the Salmon River country to the Bitter Root Mountains, and 
beyond the Clearwater as far as the southern branch of the Palouse, the west 
ern line beginning a little below the mouth of Alpowa Creek, it included all 
the lands ever claimed by the Nez Perces since the ratification of the treaty, 
much of which was little known to white men in 1855, and just which portion 
of it was reserved by Joseph is a matter of doubt, though Superintendent 
Palmer spoke of Joseph s band as the Salmon River band of the Nez Perces. 
Wood s Young Joseph and the Treaties, 35. 

Joseph had perhaps other reasons for objecting to Lawyer s advice. He 
claimed to be descended from a long line of chiefs, and to be superior in rank 
to Lawyer. The missionaries, because Joseph was a war chief, and because 
Lawyer exhibited greater aptitude in learning the arts of peace, endeavored 
to build up Lawyer s influence. When White tried his hand at managing 
Indians, he appointed over the Nez Perec s a head chief, a practice which had 
been discontinued by the advice of the Hudson s Bay Company. On the 
death of Ellis, the head chief, whose superior acquirements had greatly 
strengthened his influence with the Nez Perec s, it was Lawyer who aspired 
to the high chieftainship, on the ground of these same acquirements, and 
who had gained so much influence as to be named head chief when the com 
missioners interrogated the Nez Perec s as to whom they should treat with for 
the nation. This was good ground for jealousy and discord, and a weighty 
reason why Joseph should not readily consent to the advice of Lawyer, even 
if there were 110 other. 

41 Cram says that Lawyer and Looking Glass had arranged it between 
them to cajole the commissioners; that the sudden appearance and opposition 
of the latter were planned to give effect to Lawyer s apparent fidelity; and at 
the same time by throwing obstacles in the way, to prevent a clutch upon 
their lands from being realized. In these respects events have shown that 
Lawyer was the ablest diplomatist at the council; for the friendship of his 
tribes has remained, and no hold upon their lands has yet inur,ed to the 
whites. Top. Mem., 84. 



366 GOVERNMENT AND GENERAL DEVELOPMENT. 

wishes, only aroused from his sullen silence to ejacu 
late, "What have I to say?" This was the mood of 
the Indians on Saturday, the 9th; but on Monday, the 
1 1th, every chief signed the treaties, including Kamia- 
kin, who said it was for the sake of his people that he 
consented. Having done this, they all expressed sat 
isfaction, even joy and thankfulness, at this termina 
tion of the conference. 42 

The Nez Perces agreed to take for their lands 
outside the reservation, which was ample, $200,000 
in annuities, and were to be supplied besides with 
mills, schools, millers, teachers, mechanics, and every 
reasonable aid to their so-called improvement. The 
Cay uses, Walla Wallas, and Umatillas were united 
on one reservation in the beautiful Umatilla country, 
where claims were already beginning to be taken up. 43 

They were to receive the same benefits as the Nez 
Perces, and $150,000 in annuities, running through 
twenty years. The Yakimas agreed to take $200,000, 
and were granted two schools, three teachers, a num 
ber of mechanics, a farmer, a physician, millers, and 
mills. 44 By an express provision of the treaties, the 
country embraced in the cessions, and not included in 
the reservation, was open to settlement, except that 
the Indians were to remain in possession of their im 
provements until removed to the reservations, when 
they were to be paid for them whatever they were 
worth. When the treaties were published, particular 
attention was called to these provisions protecting the 
Indians in the enjoyment of their homes so long as 
they were not removed by authority to the reserves. 

42 Kip s Army Life, 92; Stevens, in U. S. Sen. Ex. Doc. 66, 24, 34th coog. 
1st sess. 

43 One Whitney was living about a mile from the crossing of the Umatilla 
River with William McKay, on a claim he was cultivating, belonging to the 
latter. Kip s Indian Council, 29. This William McKay was grandson of Al 
exander McKay of Astor s company. He resided in eastern Oregon almost 
continually since taking this claim on the Umatilla. 

^Palmer s Wagon Trains, MS., 51; Or. Statesman, June 30 and July 21, 
1855; Puyet Sound Herald, May 6, 1859; Wood s Young Joseph and the Trea 
ties, 10-12; Pendlelon Tribune, March 11, 1874; S. F. Alia, July 16, 1855; 
Sac. Union, July 10, 1855. 



GOOD BARGAINS. 367 

And attention was also called to the fact that the Ind 
ians were not required to move upon their reserves 
before the expiration of one year after the ratification 
of the treaties by congress; the intention being to 
give time for them to accustom themselves to the idea 
of the change of location. 

As soon as these apparently amicable stipulations 
were concluded, the goods brought as presents dis 
tributed, and agents appointed for the different reser 
vations, 45 the troops returned to The Dalles. That 
night the Indians held a great scalp-dance, in which 
150 of the women took part. The following day they 
broke up their encampments and returned to their sev 
eral habitations, the commissioners believing that the 
feelings of hostility with which several of the chiefs had 
come to the council had been assuaged. On the 16th 
Stevens proceeded north-eastward, toward the Black- 
foot country, being directed by the government to make 
treaties with this warlike people and several other 
tribes in that quarter. 

Palmer in the mean time returned toward The 
Dalles, treating with the John Day, Des Chutes, and 
Wascopan Indians, and purchasing all the lands lying 
between the summit of the Cascade Range and the 
waters of Powder River, and between the 44th paral 
lel and the Columbia River, on terms similar to those 
of the treaties made at Walla Walla. A reservation 
was set apart for these tribes at the base of the Cas 
cades, directly east of Mount Jefferson, in a well 
watered and delightful location, 46 including the Tyghe 
Valley and some warm springs from which the reserve 
has been named. 

Having accomplished these important objects, the 
superintendent returned home well pleased with the 
results of his labor, and believing that he had secured 
the peace of the country in that portion of Oregon. 

45 R. R. Thompson was appointed to the Umatilla reservation, and W. H. 
Tappan for the Nez Perec s. 

**Ind. Aff. Kept, 1857, 370; Letter of Palmer, in Or. Statesman, July 21, 
1855; Puyet Sound Herald, May 6, 1859. 



368 GOVERNMENT AND GENERAL DEVELOPMENT. 

The Nez Perces afterward declared that during the 
council a scheme had been on foot, originating with 
the Cay uses, to massacre all the white persons present, 
including the troops, the plan only failing through the 
refusal of Lawyer s party to join in it, which statement 
may be taken for what it is worth. On the other hand, 
it has been asserted that the treaties were forced; 47 
that they were rashly undertaken, and the Indians not 
listened to ; that by calling a general council an oppor 
tunity was furnished for plotting ; that there were too 
few troops and too little parade. 48 However this may 
be, war followed, the history of which belongs both to 
Oregon and Washington. But since the Indians in 
volved in it were chiefly those attached to the soil and 
superintendency of the latter, I shall present the nar 
rative in my volume on Washington. 

47 Wood s Young Joseph and the Treaties. 

"Tolmie s Hist. Puget Sound, MS., 37 j Roberts Recollections. MS., 95. 



CHAPTER XV. 

FURTHER INDIAN WARS. 
1855-1856. 

INDIAN AFFAIRS IN SOUTHERN OREGON THE ROGUE RIVER PEOPLE EX 
TERMINATION ADVOCATED MILITIA COMPANIES SURPRISES AND SKIR 
MISHES RESERVATION AND FRIENDLY INDIANS PROTECTED BY THE U. 
S. GOVERNMENT AGAINST MINERS AND SETTLERS MORE FIGHTING 
VOLUNTEERS AND REGULARS BATTLE OF GRAVE CREEK FORMATION 
OF THE NORTHERN AND SOUTHERN BATTALIONS AFFAIR AT THE 
MEADOWS RANGING BY THE VOLUNTEERS THE BEN WRIGHT MAS 
SACRE. 

BEFORE midsummer, 1855, war was again brewing 
in southern Oregon, the Applegate Creek and Illi 
nois Valley branches of the Rogue River nation be 
ing the immediate cause. On one pretence or an 
other, the former spent much of their time off the 
reservation, and in June made a descent on a mining 
camp, killing several men and capturing considerable 
property; while the murder of a white man on Ind 
ian Creek was charged to the latter, of whom a party 
of volunteers went in pursuit. 

On the 17th of June a company styling themselves 
the Independent Hangers, H. B. Hayes, captain, 
organized at Wait s mills in Jackson county, report 
ing to Colonel Ross for his recognition, 1 this being 

x The original copy of the application is contained in the first volume of 
DowdVs Oregon Indian Wars, MS., 1-3. This is a valuable compilation of 
original documents and letters pertaining to the wars of 1855-6 in southern 
Oregon, and furnishes conclusive proof of the invidious course of the Salem 
clique toward that portion of the territory. Dowell has taken much pains 
to secure and preserve these fragments of history, and in doing so has vindi 
cated his section, from which otherwise the blame of certain alleged illegal 
acts might never have been removed. Then there are his Indian Wars; 
Hisx. OB., VOL. II. 24 ( 369 > 



370 FURTHER INDIAN WARS. 

the first movement toward the reorganization of mil 
itary companies since the treaties of September 1853. 2 
Knowledge of these things coming to Ambrose, in 
charge of the reservation Indians, Smith of Fort 
Lane started off with a company of dragoons, and 
collecting most of the strolling Indians, hurried them 
upon the reservation. Those not brought in were 
pursued into the mountains by the volunteers, and 
one killed. The band then turned upon their pursu 
ers, and wounding several horses, killed one man 
named Philpot. Skirmishing was continued for a 
week with further fatal results on both sides. 3 

A party of California volunteers under William 
Martin, in pursuit of hostile Indians, traced certain of 
them to the Rogue River reservation, and made a de 
mand for their surrender, to w r hich Commander Smith, 
of Fort Lane, very properly refused compliance. Let 
the proper authorities ask the surrender of Indians 
on a criminal charge, and they should be forthcom 
ing, but they could not be delivered to a mere volun 
tary assemblage of men. Afterward a requisition was 
made from Siskiyou county, and in November two 

Scrap-Book; Letters; Biographies, and various pamphlets which contain al 
most a complete journal of the events to which this chapter is devoted. 

Benjamin Franklin Dowell emigrated from New Franklin, Mo., in 1850, 
taking the California road, but arriving in the Willamette Valley in Nov. 
He had studied law, but now taught a school in Polk county in the summer 
of 1851, and afterward in the Waldo hills. It was slow work for an ambi 
tious man; so borrowing some money and buying a pack-train, he began 
trrding to the mines in southern Oregon and northern California, following 
it successfully for four years. He purchased flour of J. W. Nesmith at his 
mills in Polk county at 10 cents per lb., and sold it in the mines at $1 and 
$1.25. He bought butter at 50 cents per lb., and sold it at $1.50; salt at 15 
cents per lb., and sold it at $2 and $3 per lb., and other articles in propor 
tion. When Scottsburg became the base of supplies, instead of the Willa 
mette Valley, he traded between that place and the mines. When war broke 
out, Dowell was the first in and the last out of the fight. After that he 
settled in Jacksonville, and engaged in the practice of law and newspaper 
management. 

2 Or. Arcjus, June 16, 1855; Sac. Union, June 12, 1855; S. F. Chronicle, 
June 15, 1855; 8. F. Alta, June 18, 1855. 

3 A bottle of whiskey sold by a white man to an Indian on the 26th of 
July caused the deaths, besides several Indians, of John Pollock, William 
Hennessey, Peter Heinrich, Thomas Gray, John L. Fickas, Edward Parrish, 
F. D. Mattice, T. D. Mattice, Raymond, and Pedro. DowdV* Or. Ind. Wars t 
MS., 39; Or. Argus, Aug. 1855, 18; S. F. Alta, Aug. 13 and 31, 1855. 



ROGUE RIVER TROUBLES. 371 

Indians were arrested for murder on the reservation, 
and delivered up. 4 

On the 26th of August, a Rogue River Indian shot 
arid wounded James Buford, at the mouth of Rogue 
River in the Port Orford district, then in charge of 
Ben Wright, who arrested the savage and delivered 
him to the sheriff of Coos county. Having no place 
in which to secure his prisoner, the sheriff delivered 
him to a squad of soldiers to be taken to Port Orford ; 
but while the canoe in which the Indian was seated 
with his guard was passing up the river to a place of 
encampment, it was followed by Buford, his partner, 
Hawkins, and O Brien, a trader, who fired at and 
killed the prisoner and another Indian. The fire was 
returned by the soldiers, who killed two of the men, 
and mortally wounded the third. 5 

The excitement over this affair was very great. 
Threats by the miners of giving battle to the troops 
were loud and vindictive, but the more conservative 
prevailed, and no attack was made. The savages 
were aroused, and matters grew daily worse. 6 

Agent Ambrose wrote several letters which ap 
peared in the Statesman, over the signature of A 
Miner, in one of which, dated October 13th, he de 
clared that no fears were to be entertained of an out 
break of the Rogue River Indians, affirming that 
they were peaceably disposed, and had been so 

* These particulars are found in a letter written by William Martin to C. 
S. Drew, and is contained in Dowell s collection of original documents of 
the Or. Ind. War*, MS., vol. ii., 32-9. 

5 Lette r of Arago, in Or. Statesman, Sept. 22, 1855; Sac. Union, Sept. 12, 
1855; Coos Bay Mail, in Portland Standard, Feb. 20, 1880; Id., in S. F. Bul 
letin, Feb. 6, 1880. 

6 See NicJiols 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 
horses. Two others were wounded and obliged to retreat. About the last 
of the month, Calvin Fields of Iowa, and John Cuningham of Sauve" Island, 
Oregon, were killed, and Harrison Oatman and Daniel Britton wounded, 
while crossing the Siskiyou Mountains with loaded wagons drawn by eigh 
teen oxen, which were also killed. An express being sent to Fort Lane, Cap 
tain Smith ordered out a detachment of dragoons, but no arrests were made. 
Of the Indians killed in the mean time no mention is made. 



372 FURTHER INDIAN WARS. 

throughout the summer. " God knows," he said, " 
would not care how soon they were all dead, and I 
believe the country would be greatly benefited by it; 
but I am tired of this senseless railing against Cap 
tain Smith and the Indian agent for doing their duty, 
obeying the laws, and preserving our valley from the 
horrors of a war with a tribe of Indians who do not 
desire it, but wish for peace, and by their conduct 
have shown it." 

To prevent the reservation Indians from being sus 
pected and punished for the acts of others, Superin 
tendent Palmer issued an order October 13th that 
the Indians with whom treaties had been made, and 
who had reservations set apart for them, should be 
arrested if found off the reservations without a per 
mit from the agent. Every male over twelve years 
of age must answer daily to the roll-call. Early in 
October it became known that a party of wandering 
Indians were encamped near Thompson s Ferry, on 
Rogue River, and that among them were some sus 
pected of annoying the settlers. A volunteer com 
pany of about thirty, under J. A. Lupton, proceeded 
at a very early hour of the morning of October 8th to 
the Indian camp at the mouth of Butte Creek, and 
opened fire, killing twenty-three and wounding many. 
The Indians returned it as well as they were able, 
and succeeded in killing Lupton, and in wounding 
eleven others. 7 When daylight came it was found 
by the mangled bodies that they were mostly old 
men, women, and children, whom these brave men 
had been butchering! The survivors took refuge at 
the fort, where they exhibited their wounds and 
made their lamentations to Captain Smith, who sent 
his troops to look at the battle-field and count the 
slain. It was a pitiful sight, and excited great in 
dignation among the better class of white men. 8 

7 Among them Shepard, Miller, Pelton, Hereford, Gates, and Williams. 
Letter of C. S. Drew, in DowdVs Or. Ind. Wars, MS., 29; Nottarts, in Or. 
Statesman, Oct. 27, 1855; Nichols Ind. Affairs, MS., 20. 

8 Cram s Top. Mem., 44; Letter of Palmer to General Wool, in U. S. H. 



SOUTHERN OREGON ABLAZE. 373 

On the morning of the 9th of October the Indians 
appeared in the upper part of the Rogue River Val 
ley in considerable numbers. They were first seen at 
Jewett s ferry, where during the night they killed two 
men in charge of a train and wounded another. 

o 

After firing upon Jewett s house, they proceeded to 
Evans ferry about daybreak, where they mortally 
wounded Isaac Shelton of the Willamette Valley on 
his way to Yreka. Pursuing their way down the val 
ley to the house of J. K. Jones, they killed him, 

wounded his wife so that she died next day, and 

i/ 

burned the house after pillaging it. From there they 
went to Wagoner s place, killing four men upon the 
way. Wagoner had a short time before left home 
to escort Miss Pellet, a temperance lecturer from 
Buffalo, New York, 9 to Sailor Diggings, where she was 
to lecture that evening. Mrs Wagoner was alone 
with her child four years of age, and both were burned 
in the house. They next proceeded to the house of 
George W. Harris, who seeing their approach, and 
judging that they meant mischief, ran into the house, 
seized his gun, and fired two shots, killing one and 
wounding another, when he received a fatal shot. 
His wife and little daughter defended themselves with 
great heroism for twenty-four hours, when they were 
rescued by Major Fitzgerald. And there were many 

other heroic women, whose brave deeds during: these 

t 

savage wars of southern Oregon must forever remain 
unrecorded. 10 

As soon as the news reached Jacksonville that the 
Rogue River settlements were attacked, a company 
of some twenty men hastened to take the trail of the 
Indians down the river. An express was despatched 

Ex. Doc. 93, 112, 34th cong. 1st sess.; Sober Sense, in Or. Statesman, Oct. 27, 
1855; Letter of Wool, in U. S. Sen. Ex. Doc. 66, 59; 34th cong. 1st sess. 

9 Or. Argus, Sept. 29, 1855. 

10 See California Inter Pocula, this series, passim. It was stated that 
Mrs Harris, when relieved, was so marked with powder and blood as to be 
hardly recognizable. Or. Statesman, March 3, 1856. Mrs Harris afterward 
married Aaron Chambers, who came to Oregon in 1852, was much respected, 
and died in 1869. Jacksonville Or. Sentinel, Sept. 18, 1869. 



374 FURTHER INDIAN WARS. 

to Fort Lane, to Captain Smith, who sent a detach 
ment of fifty-five mounted men, under Major Fitzger 
ald, in pursuit of the savages. 11 

The volunteer and regular forces soon combined to 
follow, and if possible to have battle with the Indians. 
Passing the bodies of the slain all along their route, 
they came to Wagoner s place, where thirty of the 
savages were still engaged in plundering the premises. 
On the appearance of the volunteers, the Indians, 
yelling and dancing, invited them to fight, 12 but \vhen 
the dragoons came in sight they fled precipitately to 
the mountains. After pursuing for about two miles, 
the troops, whose horses were jaded from a night 
march of twenty-five miles, being unable to overtake 
them, returned to the road, which they patrolled for 
some hours, marching as far as Grave Creek, after 
which they retired to Fort Lane, having found no Ind 
ians in that direction. 13 The volunteers also returned 
home to effect more complete organization before un 
dertaking such arduous warfare against an implacable 
foe who they now were assured was before them. 
There were other parts of the country which likewise 
required their attention. 

About the 10th of October, Lieutenant Kautz left 
Port Orford with a small party of citizens and sol 
diers to examine a proposed route from that place to 
Jacksonville. On arriving at the big bend of Rogue 
River, about thirty miles east from Port Orford, he 
found a party of settlers much alarmed at a threatened 

11 At that very moment an express was on its way from Vancouver to Fort 
Lane, calling for Major Fitzgerald to reenforce Major Haller in the Yakima 
country. Or. Statesman, Oct. 20, 1855. Peupeumoxmox was threatening 
the Walla Walla Valley, and the Indians on Puget Sound preparing for the 
blow which they were to strike at the white settlements two weeks later, a 
coincidence of events significant of combination among the Indians. DoweWs 
Letters, MS., 35; Gr over s Pub. Life, MS., 74; Autobiog. of II. C. Huston, in 
Brown s Or. Misc., MS., 48; DoweWs Or. Ind. War, MS., 33-9; Or. Aryus, 
Oct. 27; Evans 1 Fourth of July Address, in New Tacoma Ledger, July 9, 1880. 
2 Hayes 1 Ind. Scraps, v. 145; Yreka Union, Oct. 1855. 

13 Three men were killed on Grave Creek, 12 miles below the road, on the 
night of the 9th. /. W. Drew, in Or. Statesman, Oct. 20, 1855. 



NOTABLE SAVAGES. 375 

attack from Applegate Creek. Kautz returned to the 
fort for a better supply of arms and ammunition, in 
tending to resist the advance of the hostile party, 
should he fall in with it. A few days after resuming 
his march he was attacked by a portion of the band, 
losin^ five of his men, two soldiers and three citizens. 

o 

The Indians were only prevented from securing a 
considerable amount of ammunition by the precaution 
of Kautz in unloading the pack-mules at the begin 
ning of the battle. He was able to secure an orderly 
retreat with the remainder of his party. 14 The only 
Indians in the whole country, from Yreka to the 
Umpqua canon, who could be regarded other than 
enemies were those under Rogue River Sam, who 
since the treaty of 1853 had kept faith with the 
white people; the Shastas, the natives of Scott Val 
ley, and many of the people about Grave and Cow 
creeks, and the Umpquas being concerned in the war, 
in which the Shastas were principals, under the lead 
ership of Chief John. The Klamaths were also hos 
tile. 15 

To meet a savage enemy, well armed and prepared 
for war, knowing every mountain fastness, and having 
always the advantage of chosen positions, was not 
practicable with anything like equal numbers. Esti 
mating the fighting men of the enemy at no more than 
400, it would require three or four times that number 
to engage them, because of their ability to appear un 
expectedly at several points; at the same time to dis 
appear as rapidly; and to wear out the horses and men 
of the white forces in following them. The armed 
men that were mustered in Rogue River Valley be 
tween the 9th and llth of October amounted to only 
about 150, not from any want of courage, but from 
want of arms. 16 No attempt at permanent organiza- 

14 Henry s Rogue River War Speech, 14. 

15 Letter of Ambrose to Palmer, in U. S. H. Ex. Doc. 93, 62-65, 34th cong. 
1st sess. 

16 Says Ambrose: As in the war of 1853, the Indians have all the guns in 
the country. Those Indians have each a good rifle and revolver, and are 
skilful in the use of them. 



376 FURTHER INDIAN WARS. 

tion was made by the territorial militia before the 

*/ 

12th, the armed companies being governed by the 
apparent necessities of the case. 17 

On the 12th of October Colonel Ross began the or 
ganization of a volunteer force under the laws of the 
territory 18 by ordering James H. Russel, major of the 
9th regiment, to report to him immediately. Some of 
the captains of the militia were already in the field; 
other companies were headed by any one who had the 
spirit of a leader. These on application of the citizens 
of their neighborhoods were duly commissioned. 19 

17 A company under Rinearson was divided into detachments, and sent, on 
the evening of the 10th, ten to the mouth of the Umpqua cation, five three 
miles south to Leving s house, five to Turner s seven miles farther south, six 
to the Grave Creek house. On the next day thirty men made a scout down 
Grave Creek, and down Rogue River to the mouth of Galice Creek, the set 
tlers placing at their disposal whatever supplies of blankets, provisions, or 
arms they were able to furnish; yet twelve of Rinearson s company had no 
other weapons than pistols. A. G. Henry, in Or. Statesman, Oct. 20, 1855. 
The troops in southern Oregon at this time were two full companies of dra 
goons at Fort Lane under Smith and Fitzgerald, and sixty-four infantry at 
Winchester, in the Umpqua Valley, under Lieut Gibson, who had been es 
corting Williamson on his survey of a railroad route from the Sacramento to 
the Willamette Valley, and who now retraced his steps to Fort Lane. The 
small garrison at Fort Orford was not available, and Fitzgerald s company 
was during the month ordered to reenforce Major Rains at The Dalles; hence 
one company of dragoons and one of infantry constituted the regular force 
which could be employed in the defence of the south country during the com 
ing winter. 

18 The original orders are to be found in DowelVs Or. Ind. Wars, MS., 
vol. i. 45, 47, 53. 

19 M. C. Barkwell wrote Ambrose that at his request R. L. Williams 
would raise a company for the protection of that locality. The settlers about 
Althouse, on Illinois River, petitioned to have Theoron Crook empowered to 
raise a company to range the mountains thereabout; signed by Hiram Rice, 
J. J. Rote, Frederick Rhoda, Lucius D. Hart, S. Matthews, Charles F. Wil 
son, Elias Winkleback, S. P. Duggan, John Morrow, Allen Knapp, W. H. 
B. Douglas, Win Lane, J. T. Maun, Geo. H. Grayson, R. T. Brickley, J. H. 
Huston, L. Coffey, H. Kaston, John Murphy, B. B. Brockway, A. L. Scott, 
Geo. W. Comegys, James C. Castleman, D. 1). Drake, John R. Hale, E. R. 
Crane, Alden Whitney, Joshua Harlan, S. H. Harper, M. P. Howard, R. 8. 
A. Col well, George Lake, Thomas Lake, George Koblence, Jacob Randbush, 
Peter Colean, U. S. Barr, William Lance, Robert Rose, N. D. Palmer, James 
Hole, E. D. Cohen, Sigmund Heilner, Wm Chapman, John E. Post, John W. 
Merideth, A. More, ThosFord, and Gilharts. DowelVs Or. Ind. Wars, MS., 
vol. i. 33-5. 

The white men of Phoenix mills, Illinois Valley, of Deer Creek, and Galice 
Creek also petitioned for permission to raise companies for defence, and the 
outlying settlements prayed i or armed guards to be sent them. The petition 
from Phoenix mills was signed by S. M. Waite, S. Colver, Joseph Tracy, 
Jarius F. Kennedy, M. M. Williams, and J. T. Gray; that from Illinois Val 
ley and Deer Creek by John D. Post, William Chapman, G. E. Briggs, J. K. 



GENERAL UPRISING. 377 

Where the people in remote or isolated situations 
asked for armed guards, a few men were despatched 
to those localities as soon as they could be armed. 20 
Two young women, Miss Hudson and Miss Wilson, 
having: been murdered 21 while travelling on the Ores- 

o o 

cent City road, October 10th, A. S. Welton was as 
signed the duty of keeping open a portion of that 
highway, over which was carried most of the goods 
which entered the Illinois and Rogue River valleys 
at this time; guards being also afforded to pack-trains 
on the various routes to prevent their capture by the 
Indians. Considering the obstacles to be overcome, 
and the nature of the service, the organization of the 
9th regiment was remarkably expeditious and com 
plete, and its operations were well conducted. 

The first engagement between the volunteers and 
Indians was on Rogue River, where W. B. Lewis of 
company E was encamped on Skull bar, a short dis 
tance below the mouth of Galice Creek. Scouts re 
ported the enemy near, and evidently preparing an 
attack. In camp were all the miners from the dig 
gings in the vicinity, including nine Chinamen, who 
had been robbed and driven from their claims, and 
several Indian women and boys who had been cap 
tured. 

The bar is on the south side of the river, with a 
high mountain in the background, covered with a 
dense growth of hazel and young firs. Around the 
camp for some distance the thickets were cut away, 
so as to afford no harbor for lurking savages, and a 

Knight, A. J. Henderson, William B. Hay, L. Reeves, Joseph Kirby, R. T. 
Olds, .Samuel White, William E. Randolph, Frederick Rhoda, L. I). Hart, 
Alexander McBride, C. C. Luther, S. Scott, O. E. Riley, J. T. L. Mills, and 
Coltinell. On the 26th a company was organized in Illinois Valley. Orrin T. 
Root was chosen captain, and sent to Jacksonville for his commission. In 
this way most of the companies were formed. 

20 On the 5th of Nov. Ross ordered (Gardner with 10 men to protect 
Thompson s place on Applegate Creek. F. R. Hill was ordered to raise a 
company for Grave Creek, etc. 

21 Evans 1 Protection to Immigrants, 59. This is a compilation of docu 
ments on the subject of the protection afforded by Walker s company in 
1854, with statistics of Indian outrages. The same matter is in U. S. Sen. 
Ex. Doc. 46, 35th cong. 2d sess. 



378 FURTHER INDIAN WARS. 

breast-work of logs thrown up on the side most ex 
posed to attack. 

On the 17th of October the bushes were found to 
be alive with savages. J. W. Pickett made a charge 
with six men, who were so warmly received that they 
were glad to retreat, Pickett being killed. Lieuten 
ant Moore then took a position under a bank, on the 
side attack was expected, which he held four hours, 
exposed to a heavy fire; he and nearly half of his 
men were wounded, when they were compelled to re 
treat. One of the men, being mortally shot, fell be 
fore reaching the shelter of the camp, and a comrade, 
Allan Evans, in the effort to bring him in, was severely 
wounded. Captain Lewis was three times struck. 

The Indians, discovering that the weak point of 
the volunteer force was on the left, made a bold 
attack, in which they lost one of their most noted 
Shasta warriors. Finding they could not dislodge 
the volunteers with balls, they shot lighted arrows 
into their camp. All day the firing was kept up, 
and during the battle every house in the mining town 
of Galice Creek was burned except the one occu 
pied as the company s headquarters. By night one 
third of the company of thirty-five were killed and 
wounded. 25 Thereupon the enemy retired, their loss 
not ascertained. 

"I am proud to say," wrote Lewis to his colonel, 
"that we fought the hardest battle ever fought this 
side of the Rocky Mountains. More than 2,500 
shots from the enemy, but every man stood his 
ground, and fought the battle of a lover of his coun- 
try." 

On the day of the battle Ross wrote Smith, at 
Fort Lane, that Chief John of Scott Valley had 
gone up Applegate Creek with eighty warriors; and 
that Williams was in that vicinity with a limited 

22 Killed, J. W. Pickett, Samuel Saunders; mortally wounded, Benjamin 
Taft, Israel D. Adams; severely wounded, Lieut Wm A. J. Moore, Allan 
Evans, Milton Blackledge, Joseph Umpqua, John Ericson, and Captain W. 
B. Lewis. Report of Capt Lewis, in LowtWs Or. Ind. War., MS., ii. 18. 



STRUGGLES AGAIXST DESTINY. 379 

force; 23 also that J. B. Wagoner 24 and John Hillman 
had on the 19th been despatched to Galice Creek. 

It was all of no use. Let them kill and steal and 
burn never so bravely, the fate of the savages was 
fixed beforehand; and that not by volunteers, white 
or black, but by almighty providence, ages before 
their appearing, just as we of the present dominant 
race must fade before a stronger, whenever such a 
one is sent. 

The red men continued their ravages, and the white 
men theirs, sending their bands of volunteers and reg 
ulars hither and thither all over the country in con 
stantly increasing numbers; and to the credit of gov 
ernment officers and agents, be it said that while the 
miners and settlers were seeking the shortest road to 
end the difficulties, they interposed their strength and 
influence to protect innocent red men while defending 
the white. 

Meantime, those who had in charge the duties of 
providing subsistence and transportation for the vol 
unteers were not without serious cares. Assistant 
quartermasters and commissaries were appointed in 
different sections, but owing to their inexperience 
or inability, the service was very unsatisfactory. 
Fifteen companies 25 were in the field by the 20th 
of October, but the Indians kept them all employed. 

Doweir* Or. Ind. Wars, MS., i. 57. 

21 J. B. Wagoner was employed as express rider from Oct. 13th, five days 
after the murder of his wife and child, as long as first volunteer service 
lasted a service full of danger and hardship. See instructions in DoweWs 
Or. Ind. War t MS., i. 63. 

"Report of Capt. Rinearson, in DowelVs Or. Ind. War, MS., i. 77. I can 
name 12 of them. Co. A, T. S. Harris capt. ; Co. B, James Bruce capt. ; 
Co. C, J. S. Rinearson capt., lieuts W. P. Wing, I. N. Bently, R. W. Henry; 
Co. D, R. L. Williams capt., E. B. Stone 1st lieut, sergeant E. K. Elliott; 
Co. E, W. B. Lewis, capt., lieuts W. A. J. Moore, White; sergt I. D. 
Adams; Co. F, A. S. Welton capt.; Co. G, Miles T. Alcorn capt., lieut J. 
M. Osborne; Co. H, W. A. Wilkinson capt.; Co. I, T. Smith capt.; Co. K, 
S. A. Frye capt. ; Co. L, Abel George capt. ; Co. M, F. R. Hill capt. The 
names of T. J. Gardner, Orrin Root, M. M. Williams, Hayes, and M. P. 
Howard appear in the official correspondence as captains; Daniel Richardson, 
Morrison, and H. P. Conroy as lieutenants; and W. M. Evans as orderly 
sergeant. C. S. Drew was appointed adjutant; C. Westfeldt quartermaster 
and commissary; and C. B. Brooks surgeon. 



380 



FURTHER INDIAN WARS. 



Not a pack-train could move from point to point with 
out a guard; . not a settlement but was threatened. 
The stock of the farmers was being slaughtered 
nightly in some part of the valley; private dwellings 
were fortified, and no one could pass along the roads 
except at the peril of life. I might fill a volume 
with the movements of the white men during this 
war; the red men left no record of theirs. 









*v A Ambrose 

- 



JA<SKSp.NViLEE 



MA.-K - ARC- \ -. 

\ f .I YtL -s- .^ 




KUGUE RIVER AND UMPQUA VALLEYS. 

While both regulars and volunteers were exploring 
the country in every direction, the Indians, familiar 
with trails unknown to the white men, easily evaded 
them, and passed from point to point without danger. 
At the very time when Judah of the regulars, and 



FITZGERALD AT GRAVE CREEK. 381 

Bruce and Harris of the volunteers, had returned 
exhausted from a long and fruitless pursuit, and when 
Ross expressed the opinion that the main body of the 
enemy was still in the vicinity of The Meadows, 
and below Galice Creek on Rogue River, the Indians 
suddenly appeared October 23d in the Cow Creek val 
ley, and began their depredations. Their first act of 
hostility in this quarter was to fire upon a party of 
wagoners and hog-drovers at the crossing of Cow 
Creek, instantly killing PI. Bailey of Lane county, 
and wounding Z. Bailey and three others. The re 
maining men retreated as rapidly as possible, pursued 
by the savages, who followed and harassed them for 
two or three hours. The same day they attacked 
the settlements on Cow Creek, burning the houses of 
Turner, Bray, Redfield, Fortune, and others. 

On the 28th of October Fitzgerald being in the 
vicinity of Grave Creek discovered Indians encamped 
a few miles south of Cow Creek in the Grave Creek 
hills, 26 and determined to attack them. Ross, on re 
ceiving a despatch from Fitzgerald, set out on the 29th 
for the rendezvous, having sent to captains Harris, 
Welton, George, Williams, and Lewis. Bruce and Ri- 
nearson, who had but just come in, were directed to 
join the combined forces at Grave Creek, where were 
concentrated on the 30th about 250 volunteers 27 and 
105 regulars, only a portion of Fitzgerald s troop being 
available on account of the illness of its commander. 
Two companies of a battalion called out by Governor 
Curry w r ere lying at a place about a day s march south 
of Umpqua canon, under the command of captains Jo 
seph Bailey and Samuel Gordon. 

When Ross reached the rendezvous late at nisrht, 

o 

he found the captain of the 1st dragoons awaiting 
him, impatient for an attack. 28 Spies from his own 

26 This band had attacked Kautz and his surveying party a few days pre 
vious, killing two soldiers and three settlers. 

27 Letter of L. C. Hawley in Or. Statesman, Nov. 24, 1855. Another gives 
the number at 387. DoweWs Or. Ind. Wars. 

28 Letter of John E. Ross to C. S. Drew in DowelVs Or. Ind. Wars, MS., 
i. 93. 



382 FURTHER INDIAN WARS. 

and Captain Bruce s company had reconnoitred the 
enemy s position, which was found to be on a hill, well 
fortified, and extremely difficult of approach. A map 
of the country was prepared, and a forced march de 
termined upon. Orders were issued to be ready to 
march at eleven o clock, though it was already half- 
past ten. The plan of attack was to plant howitzers 
upon an eminence three fourths of a mile from that on 
which the Indians were encamped, and after having 
divided the companies into three columns, so stationed 
as to prevent the escape of the Indians, to open upon 
the enemy with shell and grape-shot. It was hoped 
by this night march, which was continued till morn 
ing with occasional halts, to surprise the enemy, but 
some one having set fire to a tree, that idea was 
abandoned. On arriving at the edge of a ravine in 
front of their position, instead of planting the howitzers 
and shelling the Indians as was intended, a charge 

~ O 

was made, in which Rinearson and Welton led with 
their companies, augmented by portions of several 
others, and a part of the regulars rushing in disorder 
down into the ravine, through the thick bushes, and 
up the ascent on the other side, volunteers and regu 
lars all eager for the first shot. The Indians occupied 
. 

a mountain, bald on the side by which the troops 
were approaching, and covered with heavy forest on 
the opposite or north side. Ross had directed Bailey 
and Gordon to flank on the north, that when the men 
in front should drive the Indians to this cover, they 
might be met by them and engaged until the main 
force could come up. The attempt was made, but they 
found it impossible to pierce the tangled undergrowth 
which covered the steep acclivity, with the Indians 
fortified above them, 29 and after having had several 
men wounded, returned to the point of attack. Bruco 
and Harris lay concealed a few hundred yards to the 
south of the attacking party, to be in readiness to in- 

29 Lieut Withers says the Indians had cut down trees to form an obstruc 
tion to any attack on that side. U. S. Sen. Ex. Doc., 26, 34th cong. 1st sess. 



BATTLE AND RETREAT. 383 

tercept the enemy in that quarter; but finding that 
no enemy came their way, they too joined the army 
in front. In the mean time the Indians had retreated, 
as was anticipated, to the cover of the woods, and 
could not be approached without great peril from the 
open ground. The day wore on with vain endeavors 
to get at them; and at 3 P. M. Smith made a charge 
with a small force of dragoons, who after firing sev 
eral rounds with musketoons, utterly useless against 
the rifles of the Indians, and having several killed and 
wounded, fell back to their first position. 

When darkness ended the firing, the troops were 
encamped a short distance from the battle-ground, at 
a place called by them Bloody Spring, where the 
wounded were cared for. At sunrise next morningr 

o 

the camp was attacked from all sides, the Indians 
engaging the troops until about the middle of the 
forenoon, when being repulsed they withdrew, and 
the troops took up their march for Grave Creek and 
Fort Bailey, carrying their wounded on litters. As 
to the results of the battle, the white men had little 
cause for congratulation. The volunteers had twenty- 
six killed, wounded, and missing; and the regulars 
four killed, and seven wounded, including Lieutenant 

o 

Gibson, who was hit in the attack on the camp on 
the morning of the 1st of November. 30 The number 
of Indians killed was variously estimated at from 
eight to twenty. The number of Indians engaged 
in the battle was also conjectured to be from 100 to 

30 Capt. Rinearson s co., killed, Henry Pearl, Jacob W. Miller; missing 
and believed to be killed, James Pearsy; wounded, Enoch Miller, W. H. 
Crouch, and Ephraim Yager. Capt. Gordon s co. , wounded, Hawkins Shelton, 
James M. Fordyce, William Wilson. Capt. Bailey s co., killed, John Gilles- 
pie; wounded, John Walden, John C. Richardson, James Laphar, Thomas J. 
Aubrey, John Pankey. Capt. Harris co., wounded, Jonathan A. Petigrew, 
mortally, Ira May field, L. F. Allen, William Purnell, William Haus, John 
Goldsby, Thomas Gill. Capt. Bruce s co., wounded mortally, Charles 
Godwin. Capt. Welton s co., wounded mortally, John Kennedy. Capt. 
William s co., killed, John Winters; wounded, John Stanner, Thomas 
Ryan. Of the regular troops three were killed in action on the field, and 
one by accidentally shooting himself ; among the seven wounded was Lieut 
Gibson. Report of A. G. Henry in DowelPs Gr. ld. Wars, MS.. j 1G9-7V 
Or. States/nan, Nov. 17, 1855; Axhland Tidinys, Nov. 2, lb/~ 



384 FURTHER INDIAN WARS. 

300. Such was the unfortunate termination of a 
combined effort on the part of the regular and volun 
teer troops to check the war in its incipiency, and 
signified that time, money, and blood must be spent 
in bringing it to a close. "God only knows," writes 
a correspondent of the Statesman, "when or where 
this war may end . . . These mountains are worse than, 
the swamps of Florida." 

Immediately upon information reaching the Ump- 
qua of the onslaught of the 9th of October, 1855, at 
Rogue River, a petition was forwarded to Governor 
Curry, asking for five hundred volunteers for defence. 
The messenger, S. B. Hadley, giving notice en route, 
among other places at Eugene City, a request was 
sent the governor to permit Lane county to organize 
a company for the war. The effect of such petitions, 
and of the letters received from Rogue River, was to 
cause a proclamation by the governor, October 15th, 
calling for five companies of mounted volunteers to 
constitute a Northern battalion, and four companies 
of mounted volunteers to constitute a Southern bat 
talion, to remain in force until discharged; each com 
pany to consist of sixty men, with the usual comple 
ment of officers, making a total of seventy-one, rank 
and file; each volunteer to furnish his own horse, 
arms, and equipments, and each company to elect its 
own officers, and thereafter to proceed without delay 
to the seat of war. 

The proclamation declared that Jackson county 
would be expected to furnish the number of men 
required for the southern battalion, who would rendez 
vous at Jacksonville, elect a major to command, and 
report to headquarters. The northern battalion was 
to consist of two companies from Lane, and one each 
from Linn, Douglas, and Umpqua counties, to rendez 
vous at Roseburg. At the same time an order was 
issued from the office of E. M. Barnum, adjutant- 
general, leaving the movements of the two battalions 
to the discretion of their respective commanders, but 



A DEMOCRATIC WAR. 385 

directing that all Indians should be treated as enemies 
who did not show unmistakable signs of friendship. 
No other instruction was given but to advise a con 
cert of action with the United States forces which 
might be engaged in that section of the territory. 31 

Meanwhile, communications from democrats at 
Rogue River had reached the capital, and imme 
diately the war became a party measure. It was 
ascertained that Ross in calling out the militia had 
made several whig appointments contrary to the will 
of the ruling party, which had attacked the governor 
for appointing whig surgeons in the northern bat 
talion; so paramount were politics in ministering to 
the wants of wounded men! The governor, unfor 
tunately for his otherwise stainless record, was un 
able to stem the tide, and allowed himself to become 
an instrument in the hands of a clique who de 
manded a course of action disgraceful to all concerned. 
Five days after issuing the proclamation, the gov 
ernor ordered disbanded all companies not duly en 
rolled by virtue of said proclamation, information 
having been received that armed parties had taken 
the field with the avowed purpose of waging a war 
of extermination against the Indians without re 
spect to age or sex, and had slaughtered a band of 
friendly natives upon their reservation, despite the 
authority of the agent and the commanding officer 
of the United States troops stationed there. 32 The 
immediate effect of the proclamation was to suspend 
volunteering in Douglas county, to which Ross had 
written to have another company raised, 33 and to 
throw discredit on those already in the field. 

31 See proclamation and general order, in Or. Statesman, Oct. 20, 1855; Or. 
Argus, Oct. 20, 1855. 

32 Grover in the legislature of 1856-7 found it necessary to explain the 
course of Governor Curry by saying that news was brought to him of the 
slaughter of Indians by a rabble from the neighborhood of Yreka; which in 
formation proved incorrect, some of the best citizens being engaged in the 
affair out of self-defence. Or. Statesman, Jan. 27, 1857. This explanation 
referred to Lupton s attack on the Indians. Cram s Top. Mem.. 44: DowelVs 
Or. Ind. Wars, MS., i. 117. 

83 See Letter of Capt. F. R. Hill, in Lowell s Or. Ind. Wars, 177-8, voL 1. 
Hisx. Oa., VOL. II. 25 



386 FURTHER INDIAN WARS. 

The first companies enrolled under the governor s 
proclamation were the two called for from Lane 
county, 34 one of which, under Captain Bailey, was 
present at the action of October 31st and Novem 
ber 1st, as already stated. The next companies to 
respond to the governor s call were those from Linn, 
Douglas, and Umpqua counties. 35 These constituted 
the northern battalion. The companies contained 
from 87 to 111 men each, and were quickly organized, 
William J. Martin being chosen major. 

On the 7th of November Colonel Ross ordered the 
assembling of the 9th regiment at Fort Vannoy, in 
order that all who desired should be mustered into 
the territorial service as members of the southern 
battalion. On the 10th captains James Bruce, R. L. 
Williams, William A. Wilkinson, and Miles F. Alcorn 
offered and were accepted, in the order named, and 
an election for major resulted in the choice of Bruce. 3( 
Complaint reaching the governor that by disbanding 

MS., where he says: I was just on the eve of getting a company to make 
a start, when the word was out that it was not legal, and the governor s 
proclamation did not call for but one company from Douglas and one from 
Umpqua. 

34 Co. A, North Battalion 0. M. Vols, Lane county, enrolled Oct. 23d: 
capt., Joseph Bailey; Istlieut., Daniel W. Keith; 2d lieut, Cyrenus Mulkey, 
resigned Dec. 30th; Charles W. McClure elected in his place. Co. B, Lane 
county, enrolled Oct. 23d: capt., Laban Buoy; 1st lieut, A. W. Patterson, 
resigned and transferred to medical department, L. Poindexter being elected 
in his place; 2d lieut, P. C. Noland. Or. Jour. House, 1855-6, ap. 145. 

35 Co. C, Linn county, enrolled Oct. 24th: capt., Jonathan Keen ey; 1st 
lieut, A. W. Stannard; 2d lieut, Joseph Yates. Co. D, Douglas county, 
enrolled Oct. 25th: capt., Samuel Gordon; 1st lieut, S. B. Hadley; 2d lieut, 
T. Prater. Co. E, Umpqua county, enrolled Nov. 8th: capt., W. W. Chap 
man; 1st lieut, Z. Dimmick; 2d lieut, J. M. Merrick. Or. Jour. Council, 
1855-6, ap. 146. 

36 Co. A: capt., James Bruce; 1st lieut, E. A. Rice, who was elected 
capt. after the promotion of Bruce; 2d lieut, John S. Miller; 2d lieut, J. F. 
Anderson. Co. B: capt., E,. L. Williams; 1st lieut, Hugh O Neal; 2d lieut, 
M. Bushey. Co. C: capt., Wm A. Wilkinson; 1st lieut, C. F. Blake; 2d 
lieut, Edwin Hess. Co. D: capt., Miles F. Alcorn; 1st lieut, James M. 
Matney; 2d lieut, John Osborn. Or. Jour. House, 1855-6, ap. 146-7. The 
militia organization as it now stood comprised the following officers: A. P. 
Dennison and Benj. Stark, aids de camp to the gov.; John F. Miller, quarter 
master gen. ; A. Zeiber and S. S. Slater, asst quartermaster general; M. M. 
McCarver, commissary gen.; B. F. Goodwin and J. S. Ruckle, asst com. 
gen.; Wm J. Martin, maj. north bat.; J. W. Drew and R. E. Stratton, adj. 
north bat. ; Wm G. Hill and I. N. Smith, aids to major north bat. ; James 
Bruce, maj. of south bat.; 0. D. Hoxie, adj. south bat.; J. K. Lamerick, 
mustering officer for southern Oregon. Or. Jour. House, 1855-6, ap. 143-7. 



MILITARY ORGANIZATION, 387 

the 9th regiment several sections were without defence, 
Curry, with Adjutant General Barnum, answered in 
person, arriving on the field about the last of Novem 
ber. The only change made, however, by the gov 
ernor s visit was the consolidation of the northern and 
southern battalions into one regiment, to be called 
the 2d Regiment of Oregon Mounted Volunteers. 
This change necessitated an election for regimental 
officers, and R. L. Williams was chosen colonel, while 
Martin was obliged to content himself as second in 
command. 


Immediately after the battle of Grave Creek hills, 

Major Fitzgerald proceeded to Fort Vancouver and 
thence to The Dalles, and his troops remained in gar 
rison during the winter. This reduced the regular 
force on Rogue River to Smith s command. An 
agreement was entered into between the regular and 
volunteer commanders to meet at the Grave Creek 
house about the 9th of November, prepared to pur 
sue and attack the Indians. In the mean time a scout 
ing party of Bailey s company was to find the Indians, 
who had disappeared, according to custom, from their 
last battle-ground. 37 

On the 17th of November Bruce, learning that a 
number of houses on Jump Off Joe Creek had been 
burned, sent a request to Martin to join him there. 
Communications were also sent to the commanders 
at Fort Lane and Fort Jones, and Judah with a 
small force joined in pursuit of the savages. Shortly 
after, Williams fell in with a small band at the mouth 
of Jump Off Joe Creek and killed eight. 38 

87 Just before they took their departure they went on the reserve, burned 
all the boards and shingles there, and every article of value belonging to 
chief Sam s people; a temporary house I had erected for the accommodation 
of persons laboring on the reserve, shared the same fate; they also killed or 
drove away seven of the cattle belonging to the agency. Agent Ambrose to 
Supt. Palmer, Nov. 30, 1855, in U. S. H. Ex. Doc., 93, p. 119, 34th cong. 
1st sess. 

38 Or. Statesman, Dec. 1, 1855; Kept of Major Martin, Dec. 10, 1855, in Or. 
Jour. House, 1855-6, ap. 122. 



388 FURTHER INDIAN WARS. 

The 21st saw the white men in full force en route 
down Rogue River, some on one side and some on the 
other. After four days, and encountering many dif 
ficulties, they came upon the enemy at The Meadows 
and found them well fortified. While preparing to 
attack, on the 26th, the Indians opened fire from a 
dense covert of timber bordering the river, which 
caused them to fall back. Being short of food and 
clothing for a winter campaign, they determined for 
the present to abandon the enterprise. 

While the southern army was returning to head 
quarters, roving bands of Indians were committing 
depredations in the Umpqua Valley. On the 3d of 
December a small party of the Cow Creek Indians 
attacked the settlements on the west side of the south 
Umpqua, destroying fifteen houses and much other 
property, compelling the settlers to shut themselves 
up in forts. On the 24th Captain Alcorn found and 
attacked a camp of Indians on the north branch of 
Little Butte Creek, killing eight warriors and captur 
ing some animals. About the same time Captain 
Rice, hearing of another camp on the north bank of 
Rogue River, probably driven out of the mountains 
by the weather, which was exceedingly severe that 
winter, proceeded with thirty men to attack them, 
and after a battle lasting for six hours killed the most 
of them and took captive the remainder. 39 

About the 1st of January, 1856, it was ascertained 
that a party of Indians had taken possession of some 
deserted cabins on Applegate Creek, and fortified them. 
Major Bruce immediately ordered Captain Rice to 
proceed to that place and attack them. Others joined. 
About two miles from Jacksonville they were fired on 

39 These two fights have blotted out Jake s band. Corr. Or. Statesman, 
Jan. 15, 1856. General Wool, in his official report of May 30, 1856, calls 
Jake a friendly old chief, and says that his band comprising 30 or 40 males 
was destroyed by the volunteers, with all their huts and provisions, expos 
ing the women and children to the cold of December, who in making their 
way to Fort Lane for protection, arrived there with their limbs frozen. 
See Cram s Top. Mem. % 45. 



FIGHTS ON APPLEGATE CREEK. 389 

and one man killed. 40 On arriving at the cabins, three 
of which were occupied by the Indians, late in the after 
noon of the 4th, the howitzer was planted and a shell 
dropped through the roof of one, killing two of the 
inmates. The white men had one killed and five 
wounded. There matters rested till next morning, 
when the cabins were found to be empty, the Indians 
of course having found means to escape. These sav 
ages made good shots at 400 yards. 

Toward the middle of the month Bruce s command 
had a fight with one hundred natives on a branch of 
Applegate Creek, the latter retreating with four killed. 
And thus the winter wore away, a dozen bands each 
of white men and red, roaming up and down the 
country, each robbing and burning, and killing as best 
they were able, and all together accomplishing no 
great results, except seriously to interfere with traffic 
and travel. Exasperated by a condition so ruinous, 
the desire to exterminate the savages grew with the 
inability to achieve it. Such was the nature of the 
conflict in w 7 hich, so far, there had been neither glory 
nor success, either to the arms of the regular or vol 
unteer service; nor any prospect of an end for years 
to come, the savages being apparently omnipresent, 
with the gift of invisibility. They refused to hold 
any communication with the troops, who sought some 
times an opportunity to reason with them. 

The men composing the northern battalion having 
no further interest in the war than at first to gratify 
an evanescent sympathy, or a love of adventure, were 
becoming impatient of so arduous and unprofitable a 
service, and so demanded and received their dis 
charge. General Wool was then petitioned for aid, 
and he immediately despatched two companies under 
Colonel Buchanan. In the mean time the legislative 
assembly had elected J. K. Lamerick brigadier-gen- 

40 DowelVs Or. Ind. Wars, MS., ii. 19; Lane s Autobiography, MS., 107; 
Brown s Autobiography, MS., 40-1. 



390 FURTHER INDIAN WARS. 

era! of Oregon territory; and in conformity with a 
proclamation of the executive, he issued a call for 
four companies of mounted volunteers to supply the 
place of the northern ba-ttalion, 41 who were ordered 
to report to Lieutenant-colonel Martin at Roseburg. 
These companies were enrolled more rapidly than 
might have been anticipated, after the tedious and 
fruitless nature of the war had become known. 42 

Captain Buoy s company remained in the field un 
der the command of its former 2d lieutenant, P. C. 
Noland, now its captain. The southern companies 
were recruited, and kept the field; so that after a 
month of suspense, during which many of the inhab 
itants who up to this time had remained at their 
homesteads unwilling to abandon all their property, 
left their claims and removed to the Willamette Val 
ley, or shut themselves up in fortified houses to await 
a turn in events. That turn it was hoped General 
Lamerick, being a good democrat and an experienced 
Indian-fighter, would be able to give, when spring 
made it possible to . pursue the Indians into the 
mountains. It has been said that Williams was in 
competent; but Lamerick was not guiltless of a blun 
der in ordering all the new companies concentrated 
in the Umpqua Valley; and the headquarters of the 
southern companies changed from Vannoy Ferry to 
Forest Dale, a place not in the line of the hostile 
incursions. Taking advantage of this disposition of 
the forces, Limpy, one of the hostile chiefs, with a 
party of thirty warriors, made a visit to Fort Lane, 
bearing a flag of truce; the object of the visit being 
to negotiate for the release of some of the women 
held as prisoners at the fort. 

41 The enrolling officers appointed by Lamerick were Wm H. Latshaw, 
A. W. Patterson, Nat. H. Lane, Daniel Barnes, James A. Porter, for com 
panies to be drawn from Lane, Benton, Douglas, and Linn counties. Or. 
Statesman, Feb. 12, 1856. 

42 Wm H. Latshaw was elected capt. of the Lane county co. ; John Kel- 
sey of the Benton county co. ; and Daniel Barnes of the Douglas county co. 
Or. Statesman, Feb. 19, 1856. Of the co. of 50 raised at Deer Creek (Rose- 
burg) in February, Edward Sheffield was elected capt.; S. H. Blunton 1st 
lieut; Elias Capran 2d lieut. Id. 



THE COAST TRIBES. 391 

Following the outbreak in October, the agents on 
the coast, at Port Orford, the mouth of Rogue River, 
and the mouth of the Umpqua, used many precau 
tions to prevent the Indians in their charge from be 
coming infected with the hostile spirit of their breth 
ren of the interior. The superintendent sent his 
agents a circular containing regulations and precau 
tions, among which was the collecting of the Indians 
on the several temporary reserves, and compelling 
them to answer to roll-call. 

The agent in charge of the Indians below Coos Bay 
was Ben Wright, a man admired and feared by them. 
Learning that overtures had been made to the Co- 
quill es and other coast tribes to join the hostile bands, 
Wright hastened to visit those under his charge, who 
lived up about the head waters of the several small 
rivers emptying into the ocean between the mouth of 
the Rogue and the Coquille rivers. He found, as he 
expected, emissaries of the hostile bands among these 
on the lower Rogue River, who, though insolent, took 
their departure when threatened with arrest; and he 
was able, as he supposed, to put a stop to further ne 
gotiations with the enemy, the Indians promising to 
follow his advice. 

On returning to the mouth of the river, he found the 

O 

people alarmed by rumors of anticipated trouble with 
the Coquilles, and again hastened to arrest any mis 
chief that might be brewing in that quarter. He found 
these Indians quiet, and expressing great friendship, 
but much in fear of an attack from the settlers of the 
Umpqua Valley, who they had been told were coming 
to kill them all. Their uneasiness appeared to be in 
creased by discovering in their neighborhood a large 
camp of the families, women and children, of the hos 
tile bands, with a few men to guard them, knowing 
that such a circumstance would be liable to be con 
strued against them. They were promised an agent 
to remain with them and ward off trouble until the 
excitement should have abated. 



392 FURTHER INDIAN WARS. 

Returning to the coast, Wright fell in with a party 
of armed men from Coos Bay going toward the Ind 
ian camp with the determination to destroy it. To 
these men he represented that the Coquilles were 
friendly, and returned with them to their camp, where 
he succeeded in convincing each that neither had any 
occasion to fear the other; and appointing one of their 
number sub-agent on the spot, again returned to the 
coast with the others. At Randolph he found the 
settlers greatly excited by the news from the interior. 
Having concealed their portable property, they were 
removing to Port Orford for safety. At the mouth 
of Rogue River defences had been built, and in their 
wrath the white men were threatening to kill or dis 
arm all the Indians in the vicinity. A few cool and 
reflecting minds were able, however, to maintain a 
more prudent as well as humane policy, the excite 
ment on both sides seemed gradually to abate, 43 and 
Wright believed that with the assistance of the troops 
at Port Orford he should be able to preserve the peace 
and secure the public good. 

About the middle of November Agent E. P. Drew, 
who had in charge the Coos Bay and Umpqua Ind 
ians, became convinced that the former were in com 
munication with those at war, and hastily collecting 
the Umpquas on the reservation at the mouth of the 
river, and placing over them a local agent, went to 
Coos Bay. At Empire City he found congregated 
the settlers from the upper Coquille and Coos rivers, 
in anticipation of an outbreak. A company was 
formed and the savages attacked at Drolley s, on the 
lower branch of the Coquille, four being killed, and 
four captured and hanged. There were few troops at 
Port Orford when the war broke out, and these would 
have been removed to the north on the call of Major 

43 Collector Dunbar at Port Orford wrote to Palmer that there was no 
doubt that Wright could maintain peace in his district. Ben is on the jump 
day and night. I never saw in my life a more energetic agent of the public. 
His plans are all good, there can be no doubt of it. U. 8. II. Ex. Doc., 93, 
127-9, 34th cong. 1st sess. 



MASSACRE AT WHALESHEAD. 393 

Raines had not Wright represented so powerfully to 
Major Reynolds, who came to take them away, the 
defenceless condition of the settlements in that event, 
that Reynolds was induced to remain. Still feeling 
their insecurity, the white inhabitants of Whaleshead, 
near the mouth of Rogue River, as I have mentioned, 
erected a rude fort upon an elevated prairie on the 
north bank of that stream. A company of volun 
teers was also organized, which had its encampment 
at the big bend of Rogue River during the winter; 
but on the proclamation of the governor in February, 
calling for new companies to reorganize, the 1st regi 
ment of Oregon Mounted Volunteers had moved down 
near the settlement in order to fill up its ranks to the 
standard fixed by the proclamation, of sixty privates 
and eleven officers. 

The conduct of the Indians under Wright had been 
so good since the punishment of the Coquilles in the 
early part of the winter that no apprehensions were 
felt beyond the dread that the fighting bands might 
some time make a descent upon them; and for this 
the volunteers had been duly watchful. But what 
so subtle as savage hate? On the night of the 22d 
of February a dancing-party was given at Whales- 
head in honor of the day, and part of the volunteer 
company was in attendance, leaving but a few men 
to guard the camp. Early on the morning of the 
23d, before the dancers had returned, the guard was 
attacked by a large body of Indians, who fell upon 
them with such suddenness and fury that but two 
out of fifteen escaped. One, Charles Foster, con 
cealed himself in the woods, where he remained an 
undiscovered witness of much that transpired, and 
was able to identify the Indians engaged in the mas 
sacre, who were thus found to be those that lived 
about the settlement and were professedly friendly. 

While the slaughter was going on at the volunteer 
camp some Indians from the native village on the 
south side of the river crossed over, and going to the 



394 FURTHER INDIAN WARS. 

house of J. McGuire, where Wright had his lodgings, 
reported to him that a certain half-breed named 
Enos, 44 notoriously a bad man, was at the village, and 
they wished the agent to arrest him, as he was making 
trouble with the Tootootonies. Without the slight 
est suspicion of treachery, Wright, with Captain Po 
land of the volunteers, crossed the river to look into 
the matter, when both were seized and killed. 45 The 
bodies were then so mutilated that they could not be 
recognized. 

The death of Wright is a sad commentary on these 
sad times. He was a genial gentleman, honest, frank, 
brave, the friend and protector of those who slew 
him. It is a sad commentary on the ingratitude of 
man, who in his earlier and lower estate seems fitted 
to be ruled by fear rather than by love. During these 
troublous times in southern Oregon, I am satisfied 
that the United States government endeavored to do 
its best in pursuing a moderate and humane policy; 
and it was singularly fortunate about this time in 
having as a rule conscientious and humane men in 
this quarter, determined at the peril of their lives to 
defend their charge from the fury of the settlers and 
miners, who were exasperated beyond endurance by 
having their houses burned and their wives and chil 
dren captured or slain. And to none is the tribute 
of praise more justly due than to Benjamin Wright, 
who died at his post doing his duty. 

44 This half-breed Enos was formerly one of Fremont s guides, and is 
spoken of by Fre mont as a very brave and daring Indian. Corr. Or. Statesman, 
March 11, 1856; Indian Aff. Rept., 1856, p. 201-2; Crescent City Herald Extra, 
Feb. 25, 1856. He was hanged at Fort Orford in 1857, for his part in the 
massacre. Or. Statesman, March 31, 1857; Tichenor s Historical Correspond 
ence, MS. 

45 Parrish, Or. Anecdotes, MS., 81-3, says that Wright was at a dance in a 
log cabin on Rogue River, about Christmas 1854! and that with others he 
was killed for his treatment of the women. Dunbar and Nash state that the 
agent kept a native woman, Chetcoe Jennie, who acted as interpreter, and 
drew from the government $500 a year for that service, and who betrayed 
him to his death, and afterward ate a piece of his heart. DoweWs Or. Ind. 
Wars, MS., ii. 27; Ind. Aff. Kept., 1856, 201-2; Or. Statesman, March 11, 
1856; Crescent City Herald, Feb. 26, 1856; U. 8. H. Ex. Doc., 39, p. 47-8, 
35th cong. 1st sess. 



EFFORTS FOR RELIEF. 395 

Nor did this horrible and dastardly work end here. 
Every farmer in the vicinity of Whakshead was killed, 
every house burned but one, and every kind of prop 
erty destroyed. The more distant who escaped the 
massacre, to the number of 130, fled to the fort, but 
being poorly armed, might still have fallen a prey to 
the savages, had they not with their customary want 
of persistence, drawn off after the first day s bloody 
work. At nightfall on the 23d a boat was despatched 
to Port Orford to inform Major Reynolds of the fate 
of the settlement. But Reynolds could not go to the 
relief of Whaleshead without leaving exposed Port 
Orford, that place containing at this period but fifty 
adult male citizens and thirty soldiers. A whale-boat 
was, however, despatched for the purpose of keeping 
open communication with the besieged ; but in attempt 
ing to land, the boat was swamped in the surf, and the 
men in it, six in number, were drowned, their bodies 
being seized by the savages and cut in pieces. Cap 
tain Tichenor with his schooner Nelly went to bring 
off the people of Whaleshead, but was prevented by 
contrary winds from approaching the shore. On the 
morning of the 24th the schooner Gold Beach left 
Crescent City with a volunteer company, whose design 
was to attack the Indians. .They, too, were prevented 
from landing, and except at the fort the silence of 
death covered the whole country. 

When the facts of the outbreak came to light, it 
was ascertained that the Indians attacked no less than 
seven different points within ten or twelve hours, and 
within a distance of ten miles down the coast on the 
south side of Rogue River, and also that a general 
fresh uprising occurred at the same time in other 
localities. 46 

46 The persons killed in the first attack were Benjamin Wright, John 
Poland, John Idles, Henry Lawrence, Patrick McCullough, George McClusky, 
Barney Castle, Guy C. Holcomb, Joseph Wilkinson, Joseph Wagner, E. W. 
Howe, J. H. Braun, Martin Reed, George Reed, Lorenzo Warner, Samuel 
Hendrick, Nelson Seaman, W. R. Tulles, Joseph Seroc and two sons, John 
Geisell and four children, Mrs Geisell and three daughters being taken pris 
oners; and subsequently to the first attack, Henry Bullen, L. W. Oliver, 



396 FURTHER INDIAN WARS. 

Those who took refuge in the fort were kept 
besieged for thirty-one days, when they were rescued 
by the two companies under Colonel Buchanan sent 
by General Wool, as before mentioned. A few days 
after the arrival of the troops a schooner from Port 
Orford effected a landing, and the women and chil 
dren at the fort were sent to that place, while 
Buchanan commenced operations against the Indians, 
as I shall presently relate more in detail. 

Daniel Richardson, George Trickey and Adolf Schmoldt in all thirty -one. 
Warner was from Livonia, N. Y., Seaman from Cedarville, 1ST. Y. The 
drowned were H. C. Gerow, a merchant of Port Orford, and formerly of N. 
Y. ; John O Brien, miner; Sylvester Long, farmer; William Thompson and 
Richard Gay, boatmen; and Felix McCue. Letter of James C. Franklin, in 
Or. Statesman, March 18, 1856; Crescent City Herald, Feb. 25 and May 21, 
1856; Corr. Coos Bay Mail-, DowelVs Or. Ind. Wars, MS., ii. 27; Or. Argus, 
March 8, 1856; Or. Statesman, April 29, May 13 and 20, 1856; S. F. Alta, 
March 4, 1856; S. F. Bulletin, March 12, 1856; Cong. Globe, 1855-6, pt i., 780, 
34th cong. 1st sess.; Sac. Union, March 1, 1856. 



CHAPTER XVI. 

EXTERMINATION OF THE INDIANS. 

1856-1857. 

GRANDE RONDE MILITARY POST AND RESERVATION DRIVING IN AND CAG 
ING THE WILD MEN MORE SOLDIERS REQUIRED OTHER. BATTAL 
IONS DOWN UPON THE RED MEN THE SPRING CAMPAIGN AFFAIRS 
ALONG THE RlVER HUMANITY OF THE UNITED STATES OFFICERS AND 
AGENTS STUBBORN BRAVERY OF CHIEF JOHN COUNCILS AND SURREN 
DERS BATTLE OF THE MEADOWS SMITH S TACTICS CONTINUED SKIR 
MISHING GTVING-UP AND COMING-IN OF THE INDIANS. 

WHEN Superintendent Palmer determined to re 
move from the Rogue River and Umpqua reserva 
tions the Indians who had observed the treaties, to an 
encampment in the small and beautiful valley on the 
western border of Yamhill and Polk counties, known 
as the Grand Rond, so great was the anger and op 
position of the white people of the Willamette in 
thus having these savages brought to their door, so 
loud their threats against both Indians and agents, 
that it was deemed prudent to ask General Wool for 
an escort and guard. Palmer wrote Wool that he 
believed the war was to be attributed wholly to the 
acts of the white population, and that he felt it his 
duty to adopt such measures as would insure the 
safety of the Indians, and enable him to maintain 
treaty stipulations, 1 recommending the establishment 

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

(397) 



398 EXTERMINATION OF THE INDIANS. 

of a military post, and asking that a competent officer 
be directed to assist him in locating the proposed en 
campment, and making the improvements designed 
for the benefit of the Indians. Having once con 
ceived the idea of removing the Indians from the 
southern reservations, Palmer was not to be deterred 
either by the protests of the people or the disappro 
bation of the legislative assembly. 2 

About the last of January 300 Umpquas and 200 
Calapooyas were brought from the south and placed 
upon the Grand Hond reservation. As these bands 
had not been engaged in the recent hostilities, the 
feeling of alarm was somewhat softened, and much 
as their presence in the valley was deprecated, they 
were suffered to go upon the reserve without moles 
tation, although no troops were present to intimidate 
the people. 3 At the same time Palmer gave notice 
that he intended to carry out his first design of re 
moving all the other tribes whenever the necessary 
preparations had been made for their reception; 4 a 

2 During the debate over Palmer s course in the legislature, Waymire ac 
cused Palmer of being the cause of the war, and willing to bring about a 
collision between the United States troops and the citizens of the Willamette 
valley. Not only that, . . .but he actually proposes to bring 4,000 savages, 
red from the war, and plant them in one of the counties of this valley, with 
a savage and barbarous foe already upon its borders. "I will do it," said he, 
"and if you resist me, I will call upon General Wool for soldiers to shoot 
down the citizens. " Or. Statesman, Jan. 15, 1856. And on the hesitation of 
Colonel Wright, who was first applied to to furnish it without the sanction 
of General Wool, then in California, Palmer thus wrote Commissioner Man- 
nypenny : * To be denied the aid of troops at a critical moment, upon flimsy 
pretences or technical objections, is to encourage a spirit of resistance to au 
thority and good order, and effectively neutralize all efforts to reduce the 
Indians and lawless whites to a state of subordination. U. S. H. Ex. Doc., 
93, 131-2, 34th cong. 1st sess. 

3 The Indians were moved in a heavy storm of rain and snow, Capt. 
Bowie of the northern battalion with 20 men being ordered to escort Metcalfe 
and his charge. At Elk Creek the Indians were seized with a panic on 
account of rumors of the removal of Palmer from the superintendency, and 
refused to go farther. Palmer called upon Colonel Wright for troops, and 
was referred, as I have said, to General Wool, when, without waiting, Metcalfe 
proceeded alone to the reservation, having quieted the fears of the Indians. 

4 The opposition of the white population was not all that was to be over 
come, as Palmer had been warned by his agents. In order to induce the 
Umpquas to leave their homes, it was agreed by treaty that each Indian 
should be given as much land as he had occupied in the 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 



MORE TROOPS CALLED FOR. 399 

promise which was partly carried out in March by 
the removal of the Rogue River Indians from Fort 
Lane to the Grand Rond, none of that resistance 
being offered which had been feared. Preparations 
were then made for bringing all the tribes from Coos 
Bay south to the California line upon the coast reser 
vation selected in 1854. The legislature had asked 
for the removal of the superintendent on this ground ; 5 
though in reality it was a political dodge; and his 
removal was accomplished before he had fairly fin 
ished the work in hand. 8 

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

settled in their new homes; nor were any of these things to be deducted 
from their annuities. Grande Ronde reservation contained about 6,000 acres, 
and was purchased of the original claimants for $35,000. Letter of citizens 
of Yamhill county, in Or. Statesman, April 29, 1856. 

5 We the undersigned, democratic members, etc. Then followed charges 
that Joel Palmer had been instrumental in provoking the Indian war; and 
what was more to the point, while representing himself as a sound national 
democrat, he had perfidiously joined the know-nothings, binding himself with 
oaths to that dark and hellish secret political order. They asked for these 
reasons that Palmer be removed and Edward R. Geary appointed in his place. 
Signed by the speaker of the house and 34 members of the house and coun 
cil. U. S. H. Ex. Doc., 93, 133-5, 34th cong. 1st sess. 

6 E. R. Geary was not his successor, but A. F. Hedges, an immigrant of 
1843. 

1 There was at this time a regiment in the Walla Walla Valley, and one 
in southern Oregon, besides several companies of minute-men for defence. 
The proclamation called for three new companies, one from Marion and Polk 
counties, one from Benton and Lane, and one from Linn. The enrolling offi 
cers appointed for the first named were A. M. Fellows and Fred. Waymire; 
for the other two E. L. Massey and H. L. Brown. Waymire wrote the gov 
ernor that Polk co. had sent over 100 men to the Walla Walla Valley, 76 to 
Rogue River, 22 to fill up a Washington regiment; that Polk co. was willing to 
go and fight, but since the importation of southern Indians to their border 
they felt too insecure at home to leave, and solicited permission from the 
executive to raise a company for defence against the Indians brought to their 
doors. Or. Statesman, April 1, 1856. 



400 EXTERMINATION OF THE INDIANS. 

Under the new call two companies were raised; some 
who had served in the first northern battalion, after 
remaining at home long enough to put in a few acres 
of grain, reenlisted. 8 These were still at Eugene City 
waiting for arms when April was half gone. 

The intermission of aggressive operations greatly 
emboldened the Indians. The 2d regiment was scat 
tered, guarding isolated settlements. 9 Colonel Will 
iams had resigned on account of the strictures passed 
upon his official management, 10 and Lieutenant-colonel 
Martin had resigned for a different reason. 11 By elec 
tion on the 19th of March, 1856, Kelsey was made colo 
nel, Chapman lieutenant-colonel, and Bruce and Lat- 
shaw majors of their respective battalions. The south 
ern companies were ordered to rendezvous at Vannoy 
Ferry, and the northern at Grave Creek, to be in readi 
ness to advance on The Meadows, the stronghold of 
the enemy, and toward which all the trails seemed to 
lead. At length, on the 16th of April, Chapman and 
Bruce moved with the entire southern battalion down 
the south side of Rogue River toward the supposed 
camp of the enemy, the northern battalion on the 
17th passing down the north side under Lamerick, 
each division with supplies for twenty-five days. 
Three detachments were sent out to drive the Indians 
to their retreat, and Lamerick announced his inten 
tion to the governor to stay with the enemy until 
they were subdued or starved out. 

8 H. C. Huston s autobiography, in Brown s Miscellany, MS., 48-9. Linn 
county raised one company of 65 men commanded by James Blakely; Lane 
and Benton, one of 70 men, D. W. Keith captain. 

9 In the latter part of Feb. they reappeared in the Illinois valley, killing 
two men and wounding three others. Soon after they killed one Guess 
while ploughing Smith s farm, on Deer Creek. Guess left a wife and two 
children. The volunteers under O Neil pursued the Indians and rescued the 
family, of which there is a circumstantial account in a series of papers by J. 
M. Sutton, called Scraps of Southern Oregon History, many of which are dra 
matically interesting, and extend through several numbers of the Ashland 
Tidings for 1877-8. 

10 K. L. Williams was a Scotchman, impetuous, brave, and determined. 
It was said that when he joined in the yells which the volunteers set up in 
answer to those of the savages, the latter hung their heads abashed, so suc 
cessful was he in his efforts to outsavage the savages. 

11 Martin was appointed receiver of the new land office at Winchester. 
Or. Statesman, March 11, 1856. 



WOOL S CAMPAIGN. 401 

At the same time there was on foot a movement on 
the part of the regular forces to close the war by a 
course independent of that of the volunteer generals, 
and directed by General Wool, who by the aid of 
maps and topographical reports had arranged his pro 
posed campaign. 12 The secretary of war had deemed 
it necessary to administer a somewhat caustic reproof, 
since which Wool had three several times visited Van 
couver, though he had not made a personal inspection 
of the other forts. He came in November 1855, and 
returned without making his visit known to the gov 
ernor of Oregon. He came again in midwinter to 
look into the conduct of some of his officers in the 
Yakima war, and to censure and insult, as they thought, 
both them and the governors of Oregon and Wash 
ington. And in March he once more returned; this 
time bringing with him the troops which were at 
once to answer the petition of Jackson county, and 
to show volunteers how to fight. On the 8th of 
March, while on the way to Vancouver, he left at 
Crescent City Lieutenant-colonel Buchanan, with 

officers and men amounting to 96 rank and file, the 

. 

same who relieved the besieged settlers at the mouth 
of Rogue River. On arriving at Vancouver he or 
dered to Port Orford Captain Augur, 4th infantry, to 
reenforce Major Reynolds, 3d artillery, who was di 
rected to protect the friendly Indians and the public 
stores at that place. Captain Floyd Jones, 4th infan 
try, of Fort Humboldt, was instructed to repair to 
Crescent City to guard supplies and protect friendly 
Indians at that place, in compliance with the request 
of the superintendent. Captain Smith of Fort Lane 
was directed to repair to Port Orford with 80 dra 
goons, to make a junction with Buchanan; 13 and a 

12 I have good reason to believe, wrote Lamerick to the governor, that 
General Wool has issued orders to the United States troops not to act in con 
cert with the volunteers. But the officers at Fort Lane told me that they 
would, whenever they met me, most cordially cooperate with any volunteers 
under my command. Or. Statesman, April 22, 1856. 

Our company , says one of Smith s men, was obliged to take to the 
mountains on foot, as we had to climb most of the way where our horses 
HIST. OB., VOL. II. 2S 



402 EXTERMINATION OF THE INDIANS. 

general rendezvous was ordered at the mouth of the 
Illinois River, where Palmer was to meet in council 
the Indians who were being pursued by the volun 
teers, and lead them to the reservation on the coast 
west of the Willamette Valley. Smith moved from 
Fort Lane about the 13th of April, a few days earlier 
than the volunteer army began its march on The 
Meadows. 

On the 27th the two battalions were ready to attack. 
A reconnoissance by General Lamerick in person had 
discovered their camp on a bar of Rogue River, where 
the mountains rise on either side high and craggy, 
and densely timbered with manzanita, live-oak, chin 
quapin, and chaparral, with occasional bald, grassy 
hill-sides relieving the sombre aspect of the scene. A 
narrow strip of bottom-land at the foot of the heights, 
covered with rank grass and brambly shrubs, consti 
tuted The Meadows, where all winter the Indians had 
kept an ample supply of cattle in good condition for 
beef. Upon a bar of the river overgrown with wil 
lows the Indians were domesticated, having their huts 
and personal property. 

The morning was foggy, and favorable for conceal 
ing the approach of the volunteers. Colonel Kelsey 
with 150 men reached the north bank of the river 
opposite and a little below the encampment without 
being discovered, while the southern battalion took 
position on the south bank, a short distance above the 
encampment. When the fog lifted a deadly volley 
from both sides was poured into the camp from a dis 
tance of no more than fifty yards, killing fifteen or 
twenty before they could run to cover, which they 
did very rapidly, carrying their dead with them. 

could not go. We crossed Rogue River on a raft last Easter Monday, fought 
the Indians, drove them from their village, and burned it ... We suffered great 
hardships on the march; there was a thick fog on the mountains, and the 
guide could not make out the trail. We were seven days straying about, 
while it rained the whole time. Our provisions ran out before the weather 
cleared and we arrived at Port Orford. This was the kind of work the vol 
unteers had been at all winter, with little sympathy from the regulars. 



FIGHTS AT THE MEADOWS. 403 

When they had had time to recover from the first 
recoil, the battle fell into the usual exchange of shots 
from behind the rocks and trees. It was prolonged 
till late in the afternoon, with considerable additional 
loss to the Indians, and two white men wounded. 14 

Next day Lamerick attempted to send across 
twenty-four men in two canvas boats, but was pre 
vented by the shots of the enemy. And the day fol 
lowing the Indians could be seen through the falling 
snow wending their way over the mountains with 
their effects, while a few warriors held the white men 
at bay; so that when on the 29th Lamerick s army 
finally entered their camp, it was found deserted. All 
that remained was the offal of slaughtered oxen, and 
two scalps of white men suspended to a limb of a tree. 15 
Fortifications were then erected at Big Meadows, 
eight miles below, and called Fort Lamerick, where 
part of the force remained, while the rest returned to 
headquarters, two companies disbanding. A month 
later Major Latshaw led 113 men on the trail of the 
Indians, and on the 28th of May a few were over 
taken and killed by a detachment under Lieutenant 
Hawley; while Captain Blakely in a running fight of 
four miles down the river killed half a dozen, and 
took fifteen prisoners, two Rogue River chiefs, George 
and Limpy, narrowly escaping. 16 Skirmishing con 
tinued, but I have not space for the multiplicity of 
detail. 

The Indians lost in the spring campaign fifty war 
riors killed and as many more wounded, besides being 

14 Elias D. Mercer, mortally. He was a native of Va., and resided in Cow 
Creek valley; was 29 years of age, and unmarried; a member of Wilkinson s 
company; a brave and worthy young man. Or. Statesman, May 13, 1856. On 
the day before the battle McDonald Hartness, of Grave Creek, and Wagoner 
were riding express from Fort Leland to Lamerick s camp, when they were 
shot at by Indians in ambush. Wagoner escaped, but Hartness was killed, 
cut in pieces, and his heart removed. He was from Ohio, but had lived on 
Grave Creek about a year, and was a man of excellent character. Volunteer, 
in Or. Statesman, May 20, 1856; Portland Oregonian, May 17, 1856; S. F. 
Bulletin, May 19, 1856; Or. and Wash. Scraps, 31. 
5 H. C. Huston, in Broum s Miscellany, MS. , 49. 

16 Kept of Lamerick, in Or. Statesman, June 24, 1856. 



404 EXTERMINATION OF THE INDIANS. 

greatly crippled in their resources of provisions, am 
munition, and gold-dust by the destruction of their 
caches. Many of them were tired of being driven 
back and forth through the mountains, and would 
have sued for peace but for the indomitable will of 
their leader, John. That warrior was as far as ever 
from being conquered, and still able to cope with 
either volunteer or regular armies. 17 

Let us turn to the operations of General Wool s 
army. Buchanan had been more than a month at 
the mouth of Rogue River endeavoring to induce the 
Indians to go quietly on a reservation, but without 
success. After some manoeuvring, during which the 

17 About this time a person named John Beeson, a foreigner by birth, but 
a naturalized citizen of the U. S., who had emigrated from 111. to Rogue 
Rirer 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. Herald, and the fact becoming known 
that he was aiding in the spread of the prejudice already created against 
the people of Oregon by the military reports, public meetings were held 
to express indignation. Invited to one of these, without notification of 
purpose, Beeson had the mortification of having read one of his letters to 
the Herald, which had been intercepted for the purpose, together with an 
article in the N. Y. Tribune supposed to emanate from him, and of listening 
to a series of resolutions not at all flattering. Fearing violence, he says, 
I fled to the fort for protection, and was escorted by the U. S. troops be 
yond the scene of excitement. Beeson published a book of 143 pages in 
1858, called A Plea for the Indians, in which he boasts of the protection 
given him by the troops, who seemed to regard the volunteers with con 
tempt. He seemed to have found his subject popular, for he followed up the 
Plea with A Sequel, containing an Appeal in behalf of the Indians; Correspond 
ence with the British Aboriginal Aid Association; Letters to JRev. H. W. Beecher, 
in which objections are answered; Review of a Speech delivered by the Rev. 
Theodore Parker; A Petition in behalf of the Citizens of Oregon and Wash 
ington Territories for Indemnity on account of Losses through Indian Wars; 
An Address to the Women of America, etc. In addition, Beeson delivered 
lectures on the Indians of Oregon in Boston, where he advocated his pe 
culiar views. At one of these lectures he was confronted by a citizen of 
Washington territory, Sayward s Pioneer Reminiscences, MS., 8-10; and at a 
meeting at Cooper Institute, New York, by Captain Fellows of Oregon. Or. 
Statesman, Dec. 28, 1858. It was said that in 1860 he was about to start 
a paper in New York, to be called the Calumet. Rosxi s Souvenirs. In 
1863 Beeson endeavored to get an appointment in the Indian department, 
but being opposed by the Oregon senators, failed. Or. Argus, June 8, 1863. 



ORD S EXPEDITION. 405 

troops stood on the defensive, Ord was sent with 112 
men, on the 26th of April, to destroy a village of 
Mackanootenais, eleven miles from Whaleshead, as a 
means of inducing them to come to terms, which was 
accomplished after some fighting, with the loss of one 
man. On the 29th Ord moved from his encampment 
to escort a large government train from Crescent 
City to the mouth of Rogue River. His command 
of sixty men was attacked at the Chetcoe River by 
about the same number of Indians. In the skirmish 
he lost one man killed and two or three wounded, 
and slew five or six of the enemy, the attacking party 
being driven from the field. 18 And there were a 
few other like adventures. 

In the mean time the volunteer companies on the 
coast were not idle. The Coos county organization 
under captains W. H. Harris and Creighton, and 
Port Orford company under R. Bledsoe, harassed the 
Indians continually, with the design of forcing them 
into the hands of the regulars. The Coquilles at 
one time surrendered themselves, and agreed to go 
on the reservation, but finally feared to trust the 
white man s word. Lieutenant Abbott surprised two 
canoes containing twelve warriors and three women, 
and killed all but one warrior and two women. 

Again the Indians gave signs of yielding, and many 
of the Coquilles who had been gathered on the mili 
tary reservation at Port Orford by the Indian agents, 
but who had run away, returned and gave themselves 
up. These declared that Enos and John had deceived 
and deserted them. They had been told that the 
white people in the interior were all slain, and that if 
they would kill those on the coast none would be left. 

Early in May Buchanan moved his force to the 
mouth of the Illinois River. With him were several 
Indians who had surrendered, to be used as messen 
gers to the hostile bands. These, chiefly women, 

18 J. C. F., in Or, Statesman, June 10, 1856; Cram s Top. Mem., 50; Cres 
cent City Herald, June 4, 1856. 



406 EXTERMINATION OF THE INDIANS. 

were sent out to gather the chiefs in council at Oak 
Flat on the right bank of the Illinois River, not far 
above the mouth. In this mission the messengers 
were successful, all the principal war-chiefs being in 
attendance, including John, 19 Rogue River George, 
Limpy, and the chiefs of the Cow Creek and Galice 
Creek bands. The council was set for the 21st of 
May. On that day the chiefs came to the appointed 
place as agreed, and all, with the exception of John, 
consented to give up their arms on the 26th, at The 
Meadows, and allow Smith to escort a part of them 
to the coast reservation by the way of Fort Lane. 
Others were to be escorted by different officers to 
Port Orford, and taken thence to the reservation by 
steamer. John, however, still held out, and declared 
his intention not to go on the reservation. To Colo 
nel Buchanan he said: "You are a great chief; so 
am I. This is my country; I was in it when these 
large trees were very small, not higher than my head. 
My heart is sick with fighting, but I want to live in 
my country. If the white people are willing, I will 
go back to Deer Creek and live among them as I used 
to do ; they can visit my camp, and I will visit theirs ; 
but I will not lay down my arms and go with you on 
the reserve. I will fight. Good-by." And striding 
out of camp, he left the council without hinderance. 5 * 
On the day agreed upon for the surrender, Smith 
was at the rendezvous with his eighty men to receive 
the Indians and their arms. That they did not ap 
pear gave him little anxiety, the day being rainy and 
the trails slippery. During the evening, however, two 

19 1 have before me a photograph of John and his son. John has an in 
telligent face, is dressed in civilized costume, with the hair cut in the fashion 
of his conquerors, and has much the look of an earnest, determined enthusi 
ast. His features are not like those of Kamiakin, vindictive and cruel, but 
firm, and marked with that expression of grief which is often seen on the 
countenances of savage men in the latter part of their lives. In John s case 
it was undoubtedly intensified by disappointment at his plans for the exter 
mination of the white race. His son has a heavy and lumpish countenance, 
indicative of dull, stolid intelligence. 

20 Or. Statesman, July 15, 1856; Ind. Aff. Kept, 1856, 214; 8. F. Alta, 
June 13, 19, 22, 1856; 8. F. Bulletin, June 14, 28, 1856. 



SMITH AND CHIEF JOHK 407 

Indian women made him a visit and a revelation, which 
caused him immediately to move his camp from the 
bottom-land to a position on higher ground, which he 
imagined more secure, and to despatch next morning 
a messenger to Buchanan, saying he expected an at 
tack from John, while he retained the Indian women 
in custody. Smith also asked for reinforcements, and 
Auur was sent to his relief. 

o 

The position chosen by Smith to fight John was 
an oblong elevation 250 by 50 yards, between two 
small streams entering the river from the north-west. 
Between this knoll and the river was a narrow piece 
of low land constituting The Meadows. The south 
side of the mound was abrupt and difficult of ascent, 
the north side still more inaccessible, the west barely 
approachable, while the east was a gentle slope. On 
the summit was a plateau barely large enough to 
afford room for his camp. Directly north of this 
mound was a similar one, covered with a clump of 
trees, and within rifle-range of the first. 

On the morning of the 27th, the men having been 
up most of the night and much fatigued, numerous 
parties of Indians were observed to gather upon and 
occupy the north mound. Soon a body of forty 
warriors advanced up the eastern slope of Smith s 
position, and signified their wish to deliver their arms 
to that officer in person. Had their plan succeeded, 
Smith would have been seized on the spot; but being 
on his guard, he directed them to deposit their arms 
at a certain place outside the camp. Thus foiled, the 
warriors retired, frowning upon the howitzer which 
had been so planted as to sweep the ascent from this 
side. Lieutenant Sweitzer was stationed with the 
infantry to defend the crest of the western acclivity; 
the dragoons were expected to take care of the front 
and rear, aided by the abrupt nature of the elevation 
on those sides. 

Seeing that the troops were prepared to fight, and 
that they would not be permitted to enter Smith s 



408 EXTERMINATION OF THE INDIANS. 

camp under an^y pretence with arms in their hands, 
about ten o clock the Indians opened fire, charging 
up the east and west slopes at once. The howitzer 
and the rifles of the infantry repelled them, and they 
fell back to cover. Then was heard the stentorian 
voice of John issuing his orders so loud and clear that 
they were understood in Smith s camp and interpreted 
to him. Frequently during the day he ordered charges 
to be made, and was obeyed. Some of his warriors at 
tempted to approach nearer by climbing up the steep 
and craggy sides of the mound, only to be shot by 
the dragoons and roll to the bottom. Nevertheless, 
these continued attempts at escalade kept every man 
sharply at his work. In the matter of arms, the 
Indians had greatly the advantage, the musketoons 
of the dragoons being of service only when the enemy 
were within short range; while the Indians, being all 
provided with good rifles, could throw their balls into 
camp from the north mound without being discovered. 
Thus the long day wore on, and night came without 
relief. The darkness only allowed the troops time to 
dig rifle-pits and erect such breastworks as they could 
without proper implements. 

On the 28th the Indians renewed the battle, and 
to the other sufferings of the men, both wounded and 
unwounded, was added that of thirst, no water being 
in camp that day, a fact well known to the Indians, 
who frequently taunted the soldiers with their suffer 
ings. 21 Another taunt was that they had ropes to 
hang every trooper, not considering them worth am 
munition. 22 

Up to this time Augur had not come. At four 
o clock of the second day, when a third of Smith s 
command were dead or wounded, and the destruction 

21 They taunted them with the often repeated question, Mika hias ticka 
chuck? You very much want water? Tieka chuek? Want water? Halo 
chuck, Boston! No water, white man! Cor., Or. Statesman, June 17, 1856. 

Grover*8 Public Life, MS., 49; Or. and Wash. Scraps, 23; John Wallen, 
in Nichols* Ind. Aff., MS., 20; Cram 1 * Top. Mem., 53; Volunteer, in Or. States 
man, June 17, 1856; Crescent City Herald, June 11, 1856. 



AUGUR RELIEVES SMITH. 409 

of the whole appeared but a matter of time, just as 
the Indians had prepared for a charge up the east and 
west approaches with a view to take the camp, Smith 
beheld the advance of Captain Augur s company, 
which the savages in their eagerness to make the final 
coup had failed to observe. When they were half 
way up the slope at both ends, he ordered a charge, 
the first he had ventured, and while he met the enemy 
in front, Augur came upon them in the rear. The 
conflict was sharp and short, the Indians fleeing to the 
hills across the river, where they were not pursued, 
and Smith was rescued from his perilous situation. 23 
Augur lost two men killed and three wounded, making 
the total loss of troops twenty-nine. 24 The number of 
Indians were variously stated at from 200 to 400. 
No mention is made by any of the writers on the sub 
ject of any loss to the enemy. 

This exploit of John s was the last worthy of men 
tion in the war. With all his barbaric strength and 
courage, and the valor and treachery of his associates, 
his career was drawing to a close. His resources 

o 

were about exhausted, and his people tired of pur 
suing and being pursued. They had impoverished 
the white settlers, but they had not disabled or ex 
terminated them. The only alternative left was to 
go upon a reservation in an unknown region or fight 
until they died. John preferred the latter, but the 
majority were against him. Superintendent Palmer 
presently came, and to him the two chiefs George 
and Limpy yielded, presenting themselves at camp 

23 Cram is hardly justified in calling this, as he does, a victory for the 
troops. BracketCs U. S. Cavafry, 171. Smith was a brave officer, but he was 
no match for Indian cunning when he took the position John intended, where 
he could be surrounded, and within rifle-range of another eminence, while he 
had but thirty rifles. This fighting in an open place, standing up to be shot 
at, at rifle-range, was what amazed, and at last amused, the Indians. The 
well conceived plan of the crafty chief failed; but it would have failed still 
more signally if Smith had sent for reinforcements on first receiving John s 
challenge, and had stationed himself where he could run away if he wished. 

21 Cram s Top. Mem.; Rept of Major Latshaw, in Or. Statesman, June 24, 
185G; Rept of Palmer, in Ind. Aff. Rept, 18,36, 215. 



410 EXTERMINATION OF THE INDIANS. 

on the 30th with their people and delivering up their 
arms. 

During June a mild species of skirmishing con 
tinued, with a little killing and capturing, some of 
the Indians surrendering themselves. Smith s forces 
on their march down the river destroyed some vil 
lages, and killed and drove to their death in the river 
some forty men, women, and children. Even such a 
fate the savage preferred to the terrors of a reserva 
tion. By the 12th over 400 had been forced into 
the regular camp, which was slowly moving toward 
Fort Orford. As the soldiers proceeded they gath 
ered up nearly all the native population in their line 
of march. Similar policy was pursued in regard to 
the Chetcoe and Pistol River Indians, and with like 
results. 

Deserted by other bands, and importuned by his 
own followers to submit, John finally, on the 29th of 
June, surrendered, and on the 2d of July arrived with 
his people at Fort Orford. He did not, however, sur 
render unconditionally. Before agreeing to come in, he 
exacted a promise that neither he nor any of his band 
should be in any wise punished for acts they had. com 
mitted, nor compelled to surrender the property taken 
in war. On the 9th, with the remnant of his band, 
he was started off for the southern end of the coast 
reservation. Under the same escort went the Pistol 
River and Chetcoe Indians, or such of them as had 
not escaped, to be located on the same part of the 
coast, it being deemed desirable to keep the most war 
like bands separated from the others. George and 
Limpy with the lower 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 homes, Reynolds was ordered to the mouth of the 
Siuslaw, and shortly afterward a post was erected on 
the north bank of the Umpqua, about four miles below 
Gardiner. Captain Smith stationed his company at 



END OF THE WAR. 411 

the pass in the Coast Range west and a little north of 
the town of Corvallis, which post was named Fort 
Hoskins. Throughout these troubles considerable 
jealousy between the volunteers and the regulars was 
manifested, each claiming the credit of successes, and 
in reverses throwing the blame upon the other. 

The war was now considered as ended in southern 
Oregon, although there was still that portion of the 
Chetcoe and Pistol River bands which escaped with 
some others to the number of about 200, and about 
100 on Rogue River, who infested the highways for 
another year, compelling the settlers again to form 
companies to hunt them down. This created much 
dissatisfaction with the Indian superintendent, with 
out any better reason apparently than that the pa 
tience of the people was exhausted. 

With regard to Palmer s course, which was not with 
out some errors, I cannot regard it in the main as 
other than humane and just. His faults were those 
of an over-sanguine man, driven somewhat by public 
clamor, and eager to accomplish his work in the short 
est time. He had vanity also, which was offended on 
one side by the reproof of the legislature, and flat 
tered on the other by being associated in his duties 
with an arbitrary power which affected to despise the 
legislature and the governor of Oregon. He suc 
ceeded in his undertaking of removing to the border 
of the Willamette Valley about four thousand Ind 
ians, the care and improvement of whom devolved 
upon his successors. For his honesty and eminent 
services, he is entitled to the respect and gratitude of 
all good men. 25 

Early in May 1865 most of the Rogue River 

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., 1875, 37-8. Palmer ran for 
governor of Oregon in 1870, but was defeated by Grover. He died in 1879 
at his home in Dayton. 



412 EXTERMINATION OF THE INDIANS. 

people and Shastas who had been temporarily placed 
upon the Grand Rond reserve were removed to 
Siletz, Sam and his band only being permitted to 
remain as a mark of favor. 

I will not here discuss further the reservation sys 
tem. It was bad enough, but was probably the best 
the government could devise, the settlers being deter 
mined to have their lands. In theory, the savages 
thus became the wards of the United States, to be 
civilized, christianized, educated, fed, and clothed. 
In reality, they were driven from their homes, huddled 
within comparatively narrow limits, and after a brief 
period of misery they were swept from the earth by 
the white man s diseases. 26 

In March 1857 congress united the superintenden- 
cies of Oregon and Washington, and called for an 
estimate of the unpaid claims, which were found to 
aggregate half a million dollars, and which were 
finally allowed and paid. 27 On the Siletz reservation 
many Indians had farms of their own, which they 
worked, and many were taught the mechanic arts, for 
which they exhibited much aptitude; the women 
learning housekeeping and the children going to 
school by the advice of their parents; considerable 
progress having been made in the period between 
1878 and 1887. It is also stated that their numbers 
increased instead of diminished, as formerly. 

26 It was the unpopular side to defend or protect the Indians during this 
war. There were many among the officers and servants of the United States 
brave and manly enough to do this. On the other hand, the government has 
made many bad selections of men to look after the Indians. Out of an ap 
propriation by congress of $500,000, if the Indians received $80,000 or $100,- 
000 they were fortunate. 

27 See letter of Nesmith, in Or. Statesman, Oct. 20, 1857. The estimated 
expense of the Indian service for Oregon for the year ending June 1858 was 
$4-24,000, and for Washington $229,000. U. S. H. Ex. Doc., 37, 1-27, 129- 
40, 34th cong. 3d sess., and Id., 76, vol. ix. 12, 22, 28; Id., 93, vol. xi. 1-40, 
54-73, 84-96. A special commissioner, C. H. Mott, was sent to examine into 
the accounts, who could find nothing wrong, and they were allowed, and 
paid in 1859. 



CHAPTER XVII. 

OREGON BECOMES A STATE. 
1856-1859. 

LEGISLATURE OF 1855-6 MEASURES AND MEMORIALS LEGISLATURE or 1856- 
7 No SLAVERY IN FREE TERRITORY REPUBLICAN CONVENTION ELEC 
TION RESULTS DISCUSSIONS CONCERNING ADMISSION DELEGATE TO 
CONGRESS CAMPAIGN JOURNALISM CONSTITUTIONAL CONVENTION THE 
GREAT QUESTION OF SLAVERY No BLACK MEN, BOND OR FREE ADOP 
TION OF A STATE CONSTITUTION LEGISLATURE OF 1857-8 STATE AND 
TERRITORIAL BODIES PASSENGER SERVICE LEGISLATURES OF 1858-9 
ADMISSION INTO THE UNION. 

DURING these days Oregon was somewhat soured 
over the Indian question, and toward the United States 
generally. The savages should have been more quickly 
and cheaply killed; the regulars could not fight 
Indians; the postal service was a swindle and a dis 
grace; land matters they could manage more to their 
satisfaction themselves; better become a state and be 
independent. There was even some feeling between 
northern and southern Oregon ; the former had labored 
and the latter had suffered, and both were a little sore 
over it. 

About all the legislature of 18 55-6 1 did was to move 



counciltnen elect were, for Multnomah, A. P. Dennison; Clackaraas 
and Wasco, J. K. Kelly; Yamhill and Clatsop, John Richardson; Polk and 
Tillamook, J. M. Fulkerson; Marion, J. C. Peebles; Linn, Charles Drain; 
Umpqua, Douglas, and Coos, H. D. O Bryant, democrats; and A. A. Smith 
of Lane and Benton, and E. H. Cleaveland of Jackson, whigs. Assembly 
men, for Clatsop, Philo Callender; Wasco, N. H. Gates; Columbia, John 
Harris; Multnomah, G. W. Brown; Washington, H. Jackson; Clackamas, O. 
Risley, H. A. Straight, James Officer; Marion, L. F. Grover, William Har- 
pole, J. M. Harrison; Yamhill, A. R. Burbank, Andrew Shuck; Polk, Fred. 
Waymire, R. P. Boise"; Linn, Delazon Smith, H. L. Brown, B. P. Grant; 

Benton, John Robinson, H. C. Buckingham; Lane, Isaac R. Moores, A. 

(13) 



414 OREGON BECOMES A STATE. 

the capital from Corvallis to Salem, ask congress to 
discharge General Wool and Superintendent Palmer, 
and send up a growl against Surveyor-general Gar 
diner and Postal-agent Avery. 2 

To prevent any benefit to southern Oregon from 
the appropriations, as well as to silence the question 
of the relocation acts, it was proposed to ask congress 
to allow what remained of the university fund to be 
diverted to common-school purposes; but the matter 
was finally adjusted by repealing all the former acts 
concerning the university, and making a temporary 

J- -x- J? xl P 1 J 

disposition ot the fund. 

With regard to the volunteer service in the Indian 
wars, Grover introduced a bill providing for the em 
ployment if necessary of the full military force of the 
territory, not exceeding three full regiments, to serve 
for six months or until the end of the war, unless 
sooner discharged; the volunteers to furnish as far 
as practicable their own arms and equipments, and to 
be entitled to two dollars a day for their services, and 
two dollars a day for the use and risk of their horses; 
all commissioned officers to receive the same pay as 
officers of the same rank in the regular service, be 
sides pay for the use and risk of their horses; the act 
to apply to all who had been in the service from the 
beginning, including the 9th regiment of Oregon 
militia. The bill became a law, and the legislature 
memoralized congress to assume the expense, 3 which 

Me Alexander; Umpqua, John Cozad; Douglas, William Hutson; Coos, 
William Tichenor; Jackson, M. C. Barkwell, J. A. Lupton, Thos Smith, 
democrats; and H. V. V. Johnson of Washington and Briggs of Jackson, 
whigs. A vacancy was caused in the house by the death of J. A. Lupton; 
and subsequently in the council by the resignation of E. H. Cleaveland. 
The first place was filled by Hale, democrat, and the latter by John E. Ross, 
whig. Clerks of the council, Thomas W. Beale, A. Sulger, and L. W. 
Phelps; sergeant-at-arms, M. B. Burke ; door-keeper, James L Earle. Clerks 
of the lower house, James Elkins and D. Mansfield; sergeant-at-arms, A. J. 
Welch; door-keeper, Albert Boise. Or. Statesman, June 30 and Dec. 8, 1855. 

2 The trouble was, with these men, they were on the wrong side in poli 
tics, that they were whigs and know-nothings, and everything vile. 

3 This legislature was not over-modest in its memorials. It asked for the 
recall of Wool from the department of the Pacific; that Empire City be made 
a port of entry; that land titles in Oregon be confirmed; that additional mail- 
routes be established; that two townships of land be granted in lieu of the 



THE LEGISLATURE. 415 

after much investigation and delay was done, as we 
have seen. The last of the political divisions of west 
ern Oregon were made at this session, when Curry 
and Josephine counties were established.* The ques 
tion of a state constitution was not discussed at length, 
an act being passed to take the vote of the people 
upon it again at a subsequent election. On the 21st 
of January the legislature adjourned. 5 

Oregon City claim; that the expenses of the Indian war be paid; that the 
Indian superintendent be stayed from locating Indians in the Willamette 
Valley; that the federal government assume the expenses of the provisional 
government; that congress provide for the issuance of a patent to land claims; 
that a mail-route be established from San Francisco to Olympia; mail service 
east of the Cascade mountains; a military road from Oregon City to The 
Dalles; that the expenses of the Snake River expedition be paid; that the 
right of pensions be extended to disabled volunteers; that the spoliation 
claims of 1853 be liquidated; that congress pay for the services and ex 
penses of the Rogue River war of 1854; that a military road be established 
from Olympia via the mouth of the Cowlitz to intersect the military road 
leading from Scottsburg to Myrtle creek; a military road from Port Orford 
to Jacksonville; money for a territorial library; and that congress recog 
nize the office of commissioner to audit the war claims. Indeed, Philo Cal- 
lander of Clatsop county was so appointed, but congress did not recognize 
him. The Statesman complained in September that Lane had obtained 
$300,000 for the Indian department, and nothing more for any purpose except 
the regular appropriation for territorial expenses, which would have been 
made without him. A little later it was ascertained that $500 had been ob 
tained for the territorial library, which money was expended by Gov. Curry 
when he went to Washington in 1856 to defend himself from the attacks of 
Wool. 

4 It was proposed to name the former Tichenor, but that member declined, 
saying that his constitutents had instructed him to call the county after the 
governor. The second was named after Josephine Rollins, whose father first 
discovered gold on Josephine Creek. The county seat, Kirbysville, was 
named after Joel A. Kirby, who took a land claim on the site of that town. 
Dvady s Hist. Or., MS., 77; Prim s Judicial A/airs, MS., 2-3; U. 8. H. Ex. 
Doc., i. 348, 375, 419, 431, 34th cong. 1st sess. 

5 Several charters were granted to societies, towns, and schools. Astoria 
and Eola in Polk county were chartered. To-day Eola is a decayed hamlet 
and Astoria a thriving city by the sea. The Portland Insurance Company 
also took a start at this time. Masonic lodges, Warren No. 10, Temple No. 7, 
Jennings No. 9, Tuality No. 6, Harmony No. 12, received their charters at 
this session. There is a list of the oificers of Harmony Lodge from 1856 to 
1873 in By Laws, etc., Portland, 1873. Multnomah Lodge No. 1 was in 
corporated January 19, 1854; Willamette Lodge No. 2, February 1st; Lafay 
ette Lodge No. 3, January 28; and Salem Lodge No. 4, in February 1854. 
It is said the General George B. McClellan received the first three degrees in 
masonry in Willamette Lodge No. 2, at Portland. 0. F. Grand Lodge of Or., 
1850-70. Acts incorporating the Willamette Falls Railroad Company, the 
Rockville Canal Company, the Tualatin River Transportation and Naviga 
tion Company, and no less than 14 road acts were passed. The assembly 
appointed A. Bush, printer; B. F. Bonham, auditor; J. D. Boon, treasurer; 
F. S. Hoyt, librarian; E. Ellsworth, university commissioner. Something 
should be here said of John Daniel Boon, who for many years was territorial 
treasurer. Deady calls him a good, plain, unlearned man, and a fervent 



416 OREGON BECOMES A STATE. 

The democratic party, which had so long dominated 
Oregon, and to which whigs and know-nothings offered 
but a feeble opposition, had so conducted affairs dur 
ing the Indian war of 1855-6 as to alienate some of 
its original supporters. It had, however, a strono 1 
hold on the people in the war debt, which it was 
believed Lane, through his influence with the admin 
istration, would be able to have discharged. So long 
as this appeared probable, or could be reasonably 
hoped for, much that was disagreeable or oppressive 
at home could be tolerated, and no steps were taken, 
at first, to follow the movement in the Atlantic States 
which was dividing the nation into two great parties, 
for and against slavery. Southern Oregon, which 
was never much in sympathy with the Willamette 
Valley, the seat of democratic rule, was the first to 
move toward the formation of a republican party. A 
meeting was held at the Lindley school-house, Eden 
precinct, in Jackson county, in May 1856, for the pur 
pose of choosing candidates to be voted for at the 
June election. 6 

The meeting declared against slavery in the new 
states. The democrats might have said the same, but 
at this juncture they did not; it remained for the first 
republican meeting first to promulgate the sentiment 
in the territory. It was a spontaneous expression of 
incipient republicanism in the far north-west, not even 
the Philadelphia convention having yet pronounced. 
The election came; none of the candidates of Eden 
district were chosen to the legislature, though one 
know-nothing from the county was elected, and the 

methodist preacher. Scrap-book, 87. He was born at Athens, Ohio, Jan. 8, 
1817, and came to Oregon in 1845. He died at Salem, where he kept a small 
store, in June 1864. Kalem Mercury, June 27, 1864. On the 13th of Dec. 
1877 died Martha J. Boon, his wife, aged 54 years. Their children were 4 
sons and several daughters, all of whom lived in Oregon, except John, who 
made his home in San Francisco. San Jos6 Pioneer, Dec. 29, 1877. 

6 The resolutions adopted were: that freedom was national and slavery 
sectional; that congress had no power over slavery in the states where it 
already existed; but that outside of stale jurisdiction the power of the federal 
government should be exerted to prevent its introduction, etc. Or. Argus, 
June 7, 1856. 



POLITICS. 417 

latter party did not differ, except in its native Amer 
icanism, from the republicans. As time passed, how 
ever, the republican sentiment grew, and on the llth 
of October a meeting was held at Silverton in Marion 
county, when all opposed to slavery in free territory 
were invited to forget past differences and make com 
mon cause against that influence, to escape which 
many through toil and suffering had crossed a conti 
nent to make a home on the shores of the Pacific. 7 
Other assemblages soon followed in almost every 
county. 

When the legislature met in December, it was as it 
had always been a democratic body, but there were 
enough opposition members to indicate life in the new 
movement. 8 Few bills of a general nature were passed, 
but the drift of the discussions on bills introduced to 
allow half-breeds to vote, to exclude free negroes from 
the territory, 9 to repeal the viva voce bill, and kin 
dred subjects plainly indicated a contest before the 
state constitution could be formed. An act was once 

7 Paul Crandall, 0. Jacobs, T. W. Davenport, Rice Dunbar, and E. N. 
Cooke were the movers in this first attempt at organization in the Willamette 
Valley. The last three were appointed to correspond with other republicans 
for the furtherance of the principles of free government. 

8 Members of the council: John E. Ross, of Jackson county; Hugh D. O Bry- 
ant, Umpqua, Douglas, and Coos; A. A. Smith, Lane and Benton; Charles Drain> 
Linn; Nathaniel Ford, Polk and Tillamook; J. B. Bayley, Yamhilland Clat- 
sop; J. C. Peebles, Marion; J. K. Kelly, Clackamas and Wasco; Thos R. 
Cornelius, Washington, Columbia, and Mnltnomah. House: JohnS. Miller, 
Thomas Smith, Jackson; A. M. Berry, W. J. Matthews, Josephine; Aaron 
Rose, Douglas; A. E. Rogers, Coos and Curry; D. C. Underwood, Umpqua; 
James Monroe, R. B. Cochran, Lane; J. C. Avery, J. A. Bennett, Benton; 
Dclazon Smith, H. L. Brown, William Roy, Linn; Wm M. Walker, Polk and 
Tillamook; A. J. Welch, Polk; L. F. Grover, William Harpole, Jacob Cou- 
ser, Marion; William Allen, A. J. Shuck, Yamhill; A. L. Lovejoy, W. A. 
Starkweather, F. A. Collard, Clackamas; G. W. Brown, Multnomah; T. J. 
Dryer, Multnomah and Washington; H. V. V. Johnson, Washington; Barr, 
Columbia; J. W. Motfit, Clatsop; N. H. Gates, Wasco. Or. Laws, 1856-7, 
p. 8. James K. Kelly, prest council; L. F. Grover, speaker of the house, 
Clerks of the council, A. S. Watt, John Costello, and T. F. McF. Patton; 
sergeant-at-arms, G. W. Holmes; door-keeper, J. McClain. Clerks of the 
lower house, D. C. Dade, E. M. Bowman, J. Looney; sergeant-at-arms, J. 
S. Risley; door-keeper, J. Henry Brown. Or. Statesman, Dec. 9, 1856. 

9 When the commissioner in 1853-4 made a list of the former laws of Ore 
gon which were to be adopted into the code, that one which related to the 
exclusion of free negroes was inadvertently left out, and was thus uninten- 
ally repealed. It was not revived at this session, owing to the opposition of 
the republican and some other members. 

HIST. 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 majority of the people should vote in favor of it. 

In order to met the coming crisis, republican clubs 
continued to be formed; and on the llth of Febru 
ary, 1857, a convention was held at Albany to perfect 
a more complete organization, 10 when the name Free 
State Republican Party of Oregon was adopted and 
its principles announced. These were the perpetuity 
of the American Union; resistance to the extension of 
slavery in free territory; the prohibition of polygamy ; 
the admission of Oregon into the Union only as a free 
state; the immediate construction of a Pacific rail way; 
the improvement of rivers and harbors; the applica 
tion of the bounty land law to the volunteers in the 
Indian war of 1855-6; and the necessity for all hon 
est men, irrespective of party, to unite to secure the 
adoption of a free state constitution in Oregon. 11 At 
Grand Prairie, a free state club was formed January 
17th, whose single object was to elect delegates to 
the constitutional convention pledged to exclude from 
the state negroes, slaves or freemen. 

The Oregon delegate to congress, Joseph Lane, had 
no objection to slavery, though he dared not openly 
advocate it. In conformity to instructions of the leg 
islature, he had brought a bill for admission, which 
was before congress in the session of 1856. The 

10 Delegates: From Multnomah, Stephen Coffin, Charles M. Carter, L. 
Limerick; Clackmas, W. T. Matlock, W. L. Adams, L. Holmes; Washington, 
H. H. Hicklin; Yamhill, John R. McBride, S. M. Gilmore, W. B. Daniels, 
Brooks, and Odell; Linn, T. S. Kendall, J. Connor, J. P. Tate, John Smith, 
James Gray, William Marks, David Lambert; Polk, John B. Bell; Beriton, 
William Miller, J. Young; Umpqua, E. L. Applegate. Committee to pre- 
pcre an address, Thos Pope, W. L. Adams, and Stephen Coffin. Executive 
committee, J. B. Condon, T. S. Kendall, E. L. Applegate, and Thos Pope. 
Or. Argus, Feb. 21, 1876. See address in Argus, April 11, 1857. 

11 Among the first to promulgate republican doctrines were E. D. Shat- 
tuck, Lawrence Hall, Levi Anderson, H. C. Raymond, John Harrison, J. 
M. Rolando, S. C. Adams, S. M. Gilmore, G. W. Burnett, G. L. Woods, W. 
T. Matlock, H. Johnson, L. W. Reynolds, Geo. P. Newell, J. C. Rinearson, 
1 F. Johnson, H. J. Davis, John Terwilliger, Matthew Patton, G. W. Lawson, 
.and W. Carey Johnson. 



BEGINNINGS OF REPUBLICANISM. 419 

only objection offered was the lack of population to 
entitle the state to the representation asked for in the 
bill. Its failure, together with the failure of the 
Indian war debt bill, was injurious to the popularity 
of the delegate with his party. But during the fol 
lowing session a bill authorizing the people of Oregon 
to form a constitution and state government passed 
the lower house, and was tak^n up and amended in 
the senate, but not passed. It remained where it 
offered a substantial motive for the reelection of the 
same delegate to complete his work. 

Such was the position of affairs in the spring of 
1857. The territory was half admitted as a state, a 
constitutional convention was to be held, a delegate 
to be elected, and a new political party was organizing 
which would contend for a share in the management 
of the public interests. It was not expected by the 
most enthusiastic republicans that they could elect a 
delegate to congress, their aim being different. The 
democrats for the first time were divided on nomina 
tions; 12 but after a little agitation the convention set 
tled down to a solid vote for Lane, who thus became 
for the fourth time the congressional nominee of his 
party. This done, the convention proceeded to pass 
a resolution binding their county delegates to execute 
the will of the party "according to democratic usages," 
repudiating the idea that a delegate could, in pursu 
ance of the interests or wishes of his district, refuse 
to support the nominations of his party, and still 
maintain a standing in that party. 13 Then came the 
announcement, "That we deny the right of any state 
to interfere with such domestic institutions of other 

12 Other possible candidates were Deady, Nesmith, Grover, Boise", Delazon 
Smith, George H. Williams, and James K. Kelly. Clackamas and Clatsop 
nominated Kelly, but he declined, knowing that he could not be elected be 
cause he was not a democrat of that vigorous practice which the Statesman 
required; that journal afterward reproaching him with losing this opportunity 
through too much independence of party government. See letter of Kelly, in 
Or. Statesman, Feb. 17, 1857. 

13 So well whipped in were the delegates to the convention that only the 
Clackamas members and J. L. Meek of Washington county voted against 
the resolution. 



420 OREGON BECOMES A STATE. 

states as are recognized by the constitution;" that 
in choosing delegates to the constitutional conven 
tion no discrimination should be made between demo 
crats in favor of or opposed to slavery, because that 
question should be left to be settled by a direct vote 
of the people. 

To this parade of the ruling party the infant repub 
lican organization could offer no opposition that had in 
it any promise of success. A few of the older coun 
ties chose delegates to the constitutional convention; 
others had no republican representation. But there 
was a visible defection in the democratic ranks from 
the bold position taken by the leaders, that it was 
treachery to question their mandates, even when they 
conflicted with the interests and wishes of the sec 
tions of country represented a doctrine directly op 
posed in sentiment to that of state rights, which the 
party was commanded to indorse. This was a species 
of subordination against which many intelligent demo 
crats protested as strongly as the republicans protested 
against negro slavery. One newspaper, the Portland 
Democratic Standard, revolted, and was declared to 
be out of the party. 1 * 

The June election came on. The republican party 
had no candidate for delegate, but was prepared to 
vote for G. W. Lawson, a free soil democrat, who 
announced himself as an independent candidate for 
congress. Lane arrived toward the last of April, and 
the canvass began. Hitherto in an election the ques 
tions considered had been chiefly personal and local ; 
or at the most, they involved nothing more important 
than a desired appropriation or a change in the land 
law. But now the people were called upon to lay 
the foundation of a state; to decide upon matters 
affecting the interests of the commonwealth for all 
time. The returns showed that while the principles 

14 There were few persons in Oregon not deeply interested in politics at 
this time. A correspondent of a California paper writes: The 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, 1857. 



A PROSPECTIVE CHANGE. 421 

of democracy still retained their hold on the people, 
a far greater number than ever before voted an oppo 
sition ticket, and that of the delegates chosen to the 
constitutional convention more than one third were 
either republicans or were elected on the opposition 
ticket; that the legislature, instead of bein^ almost 

O O 

wholly democratic as for several preceding years, 
would at the next session have a democratic major 
ity of but one in the council; and that there would 
be ten republicans among the thirty members of the 
house. 15 

During this important epoch the course of the 
Statesman was cautious and prudent, while seeming 
to be frank and fearless. It published with equal 
and impartial tolerance the opinions of all who chose 
to expound the principles of freedom or the evils or 
blessings of slavery. The other leading party jour 
nals were not, and could not afford to be, so calm and 
apparently indifferent to the issue; for while they 
were striving to mould public sentiment, the States 
man had one settled policy, which was to go which 
soever way the destinies of the democratic party led 
it. More than one new campaign journal was estab 
lished/ 6 and influences were brought to bear, hitherto 

15 The official returns for delegate to congress gave Lane 5,662 votes, and 
Lawson 3,471. The constitutional convention vote was 7,617 for and 1,679 
against. The counties that gave a republican majority were Yamhill, Wash 
ington, Multnomah, Columbia, and Clatsop. Benton came within 25 votes of 
making a tie. In the other counties of the Willamette there was a large 
democratic majority. Or. Argus, June 13, 1857; Or. Statesman, July 7, 
1857; Tribune Almanac, 1858, 63. 

16 There was The Frontier Sentinel, published at Corvallis, whose purpose 
was to give an ardent and unwavering support in favor of the introduction 
of slavery into Oregon. The publisher was L. P. Hall from California, and 
the material was from the office of the Expositor, another democratic journal, 
whose usefulness had expired, and whose type was about worn out. Or. A rgns, 
June 20, 1857. The Occidental Messenger, published at Corvallis, advocated 
the doctrine that there could be no such thing as a free state democrat. Or. 
Statesman, Aug. 25, 1857. The editor of that paper came to Oregon some 
thing less than six months ago, and issued a prospectus for a weekly news 
paper. No one knew where he came from, who sent him, or how much A very 
paid for him. In his prospectus he avowed himself in favor of the present 
national administration, in favor of the principles enunciated by the Cincin 
nati national democratic convention, and in favor of the introduction of 
slavery into Oregon. From the remarks of the Jacksonville Herald, it 
appears that the Sentinel and the Messenger were one paper, edited by Hall. 



422 OREGON BECOMES A STATE. 

unknown, to awaken in the minds of the people, the 
chief part of whom were descendants of slave-holders, 
a desire for unpaid servitude. To meet this appar 
ently well organized effort of the southern democrats 
of the United States senate and of California, the 
republicans and free-state democrats of Oregon nerved 
themselves afresh. All the newspapers of whatever 
politics or religion were filled with discussions of 
the topic now more than any other absorbing the 
public mind. George H. Williams made a strong 
appeal in an article in the Statesman of July 28th, 
showing that Oregon was not adaped to slave labor. 
On the other hand, F. B. Martin urged the advantage 
and even the necessity of slave labor, both sides pre 
senting lengthy arguments convincing to themselves. 17 
With more ardor than discretion, Martin said that 
slavery would be a benefit to the negro himself; for 
if proved unprofitable, it would die out, and the blacks 
become free in a fine country. Now there was no 
such hater of the free negro as the advocate of slave 
labor; and unless the black man could be sure always 
to remain a chattel, they would oppose his entrance 

Or. Statesman, Nov. 17, 1857. It was in this year that the Jacksonville 
Herald was first published, which leaned toward slavery. It was asserted 
by the California journals that the pro-slavery party of that state had its 
emissaries in Oregon, and that it was designed to send into the territory 
voters enough to give a majority in favor of slavery. S. F. Chronicle, Aug. 
15, 1857. Ex-governor Foote of Mississippi, then in California, visited Ore 
gon in. August, which movement the republicans thought significant. Marys- 
vllle Herald and 8, F. Chronicle, in Or. Statesman, Sept. 8, 1857. 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, 1857; and of Thomas Norris against, in the Statesman of Aug. 4, 
1857; Or. Argus, Jan. 10, Sept. 5, Oct. 10, 1857. The Pacific Christian Ad 
vocate, methodist, edited by Thomas Pearne, shirked the responsibility of 
an opinion by pretending to ignore the existence of any slavery agitation, or 
that any prominent politicians were engaged in promoting it. Adams re 
torted: We should like to ask the Advocate whether Jo Lane, delegate to 
congress; Judge Deady of the supreme court; T Vault, editor of the Oregon 
Sentinel; Avery, a prominent member of the legislature; Kelsay, an .influen 
tial member of the constitutional convention; Judge Dickey Miller, a lead 
ing man in Marion county; Mr Soap and Mr Crisp, leading men in Yainhill; 
Judge Holmes and Mr Officer of Clackamas, and fifty others we might men 
tion, who are all rabid "nigger" men are not "prominent politicians." 
Or. Aryus, Sept. 5, 1857. 



THE NEGRO IN POLITICS. 423 

into Oregon to their utmost. That it was a dread 
of the free negro, quite as much as a sentiment 
against slavery, which governed the makers of the 
constitution and voters upon it, is made apparent by 
the first form of that instrument and the votes which 
decided its final form. 

The constitutional convention assembled at the 
Salem court-house on the 17th of August, and made 
A. L. Lovejoy president pro tern. 18 On the follow 
ing day M. P. Deady was chosen president of the 
convention, with N. C. Terry and M. C, Barkwell as 
secretaries. 19 The first resolution offered was by 
Applegate, that the discussion of slavery would be 
out of place; not adopted. The convention remained 

18 Members: Marion county, Geo. H. Williams, 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, W. W. Bristow, Jesse Cox, A. J. Campbell, "f-L R. 
Moores, tPaul Brattain; Benton, John Kelsay, *H. C. Lewis, *H. B. Nich 
ols, * William Matzger; Polk and Tillamook, A. D. Babcock; Polk, R. P. 
Boise, F. VVaymire, Benj. F. Burch; Yamhill, *W. Olds, *R. V. Short, *R. 
C. Kinney, *J. R. McBride; Clackamas, J. K. Kelly, A. L. Lovejoy, \V. A. 
Starkweather, H. Campbell, Nathaniel Robbins; Washington and Multnomah, 
*Thos J. Dryer; Multnomah, S. J. McCormick, William H. Farrar, *David 
Logan; Washington, *E. D. Shattuck, *John S. White, *Levl Anderson; 
Wasco, C. R. Meigs; Clatsop, tCyrus Olney; Columbia, *John W. Watts; 
Josephine, S. Hendershott, *W. H. Watkins; Jackson, L. J. C. Duncan, 
J. H. Reed, Daniel Newcomb, P. P. Prim; Coos, *T. G. Lockhart; Curry, 
William H. Packwood; Umpqua, *Jesse Applegate, *Levi Scott; Douglas, 
M. P. Deady, S. F. Chadwick, Solomon Fitzhugh, Thomas Whitted. Those 
marked (*) were opposition; t, elected on opposition ticket, but claiming to 
be democrats, and understood to approve of the platform of the last territo 
rial democratic convention; , elected on the democratic ticket, but said to be 
opposed to the democratic organization; , position not known. Lockhart s 
election was contested by P. B. Marple, who obtained his seat in the conven 
tion. 

The nativity of the members is as follows: Applegate, Anderson, Bristow, 
Coyle, Fitzhugh, Kelsay, Moores, Shields, 8, Kentucky; Brattain of Linn, 
Prim. Shrum, White, Whitted, 5, Tennessee; Brattain of Lane, Logan, 2, 
North Carolina; Babcock, Dryer, Lewis, Olney, Smith, Williams, Watkins, 
7, New York; Boise, Campbell of Clackamas, Lovejoy, Olds, 4, Massachu 
setts; Burch, Cox of Lane, McBride, Watts, 4, Missouri; Cox of Marion, 
Way mire, 2, Ohio; Crooks, Holt, Marple, Newcomb, Robbins, 5, Virginia; 
Campbell of Lane, Shannon, 2, Indiana; Chadwick, Meigs, Starkweather, 
Nichols, 4, Connecticut; Deady, Miller, 2, Maryland; Duncan, 1, Georgia; 
Elkins, Kelly, Peebles, Reed, Short, 5, Pennsylvania; Farrar, 1, New Hamp 
shire; Grover, 1, Maine; Hendershott, Kinney, Packwood, Scott, 4, Illinois; 
Matzger, 1, Germany; McCormick, 1, Ireland; Shattuck, 1, Vermont. 

19 John Baker, sergeant-at-arms; another John Baker, door-keeper, the 
latter defeating a candidate whose name was Baker. 



424 OREGON BECOMES A STATE. 

in session four weeks, and frequent references to the 
all-important topic were made without disturbing the 
general harmony of the proceedings. The debates on 
all subjects were conducted with fairness and delib 
eration. In order to avoid agitation, it was agreed to 
leave to the vote of the people the question of negroes, 
free or enslaved, a special provision being made for 
the addition of certain sections, to be inserted or 
rejected according to the vote upon them. 20 

The influence of the republican element on the work 
of the convention was small, except as recusants. 21 
Most of the provisions were wise; most of them 
were politic if not all liberal. Its bill of rights, while 
it gave to white foreigners who might become resi 
dents the same privileges as native-born citizens, gave 
the legislature the power to restrain and regulate the 
immigration to the state of persons not qualified to 
become citizens of the United States: thus reserving 

<^ 

to the future state the power, should there not be a 
majority in favor of excluding free negroes altogether, 
of restricting their numbers. The article on suffrage 
declared that no negro, Chinaman, nor mulatto should 
have the right to vote. Another section, somewhat 
tinged with prejudice, declared that no Chinaman who 

20 The sections reserved for a separate vote read as follows: Section . 
Persons lawfully held as slaves in any state, territory, or district of the 
United States, under the laws thereof, may be brought into this state, and 
such slaves and their descendants may be held as slaves within this state, and 
shall not be emancipated without the consent of their owners. Section . 
There shall be neither slavery nor involuntary servitude in this state, other 
wise than as a punishment for crime, whereof the party shall have been duly 
convicted. Section . No free negro or mulatto, not residing in this state 
at the time of the adoption of this constitution, shall ever come, reside, or 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 penal laws for 
the removal by public officers of all such free negroes or mulattoes, and for 
their effectual exclusion from the state, and for the punishment of persons 
who shall bring them into the state or employ, or harbor them therein. Or. 
Statesman, Sept. 29, 1857; U. S. House Misc. Doc., 38, vol. i. p. 20-1, 35th cong. 
1st sess. ; U. 8. Sen. Misc. Dor., 226, vol. iii., 35th coug. 1st sess. ; Deady s 
Laics Or., 124-5; Or. Laws, 1857-8, 11-40. 

21 Grover, Public Life in Or., MS., 76-7, says that among others Jesse 
Applegate, one of the most talented men in the country, was snubbed at 
every turn, until, when the draft of a constitution which he had prepared at 
home was peremptorily rejected, he deliberately took up his hat and walked 
out of the court-house. 



CHINESE AND ECONOMY. 425 

should immigrate to the state after the adoption of 
the constitution should ever hold real estate or a min 
ing claim, or work any mining claim therein, and that 
the legislature should enact laws for carrying out this 
restriction. These prescriptive clauses, however they 
may appear in later times, were in accordance with 
the popular sentiment on the Pacific coast and through 
out a large portion of the United States; and it may 
be doubted whether the highest interests of any nation 
are not subserved by reserving to itself the right to 
reject an admixture with its population of any other 
people who are distasteful to it. However that may 
be, the founders of state government in Oregon were 
fully determined to indulge themselves in their pre 
judices against color, and the qualities which accom 
pany the black and yellow skinned races. 

Another peculiarity of the proposed constitution 
was the manner in which it defended the state against 

o 

speculation and extravagance. The same party which 
felt no compunctions at wasting the money of the 
federal government was careful to fix lo\v salaries for 
state offices, 22 to prevent banks being established under 
a state charter, to forbid the state to subscribe to any 
stock company or corporation, or to incur a debt in 
any manner to exceed fifty thousand dollars, except in 
case of war or to repel invasion; or any county to 
become liable for a sum greater than five thousand 
dollars. 

These limitations may at a later period have hin 
dered the progress of internal improvements, but at the 
time when they were enacted, were in consonance 
with the sentiment of the people, who were not by 
habit of a speculative disposition, and who were at 
that moment suffering from the unpaid expenses of a 
costly war, as well as from a long neglect of the prin 
cipal resources of the country, which was a natural 
consequence of the war. 

22 The salaries of the governor and secretary were $1,500 each; of the 
treasurer, $800; of the supreme judges, $2,000. The salaries of other officers 
of the court were left to be fixed by law. Ueady s Laws Or., 120. 



426 OREGON BECOMES A STATE. 

A clause of the constitution affecting the rights of 
married women, though it may have had its inception 
in the desire to place one half of the donation claim 
of each land owner beyond the reach of creditors, had 
all the air of being progressive in sentiment, and 
probably aided in the growth of that independence 
among women which is characteristic of the country. 23 

CJ is 

The boundaries of the state were fixed as at present, 
except that they were made to include the Walla Walla 
Valley; providing, however, that congress might on 
the admission make the northern boundary conform 
to the act creating Washington Territory, which was 
done, to the disappointment of many who coveted 
that fair portion of the country. The question of the 
seat of government was disposed of by declaring that 
the legislature should not have power to establish it; 
but at the first regular .session after the adoption of 
the constitution the legislative assembly should enact 
a law for submitting the matter to the choice of the 
people at the next general election; and no tax should 
be levied or money of the state expended for the 
erection of a state house before 1865; nor should the 
seat of government when established be removed for 
the term of twenty years, nor in any other manner 
than by the vote of the people; and all state institu 
tions should be located at the capital. 24 

23 The clause referred to is this: The property and pecuniary rights of 
every married woman, at the time of marriage or afterwards, acquired by 
gift, devise, or inheritance, shall not be subject to the debts or contracts of 
the husband; and laws shall be passed providing for the registration of the 
wife s separate property. This feature of the constitution made the wife ab 
solute owner of 320 acres or less, as the case might be, and saved the family 
of many an improvident man from ruin. The wife had, besides, under the 
laws, an equal share with the children in the husband s estate. The princi 
pal advocate of the property rights of married women was Fred Waymire, 
the old apostle of democracy, who stoutly maintained that the wife had 
earned in Oregon an equal right to property with her husband. See Or. 
Statesman, Sept. 22, 1857. 

24 With regard to the school lands which had been or should be granted to 
the state, excepting the lands granted to aid in establishing a university, the 
proceeds, with all the money and clear proceeds of all property that might 
accrue to the state by escheat or forfeiture, all money paid as exemption from 
military duty, the proceeds of all gifts, devises, and bequests made by any 
person to the state for common-school purposes, the proceeds of all property 
granted to the state, the purposes of which grant had not been stated, all 



A POPULAR ELECTION. 427 

It was ordered by the convention that, should the 
constitution be ratified by the people, an election 
should be held on the first Monday in June 1858 for 
choosing the first state assembly, a representative in 
congress, and state and county officers; and that the 
legislative assembly should convene at the capital on 
the first Monday of July following, and proceed to 
elect two senators in congress, making also such 
further provision as should be necessary to complete 
the organization of a state government. Meanwhile, 
the former order of things was not to be disturbed 
until in due course of time and opportunity the new 
conditions were established. 

The 9th of November was fixed upon as the day 

the proceeds of the 500,000 acres to which the state would be entitled by the 
provisions of the act of congress of September 4, 1841, and five per cent of 
the net proceeds of the sales of the public lands to which the state would be 
entitled should congress not object to such appropriation of the two last- 
mentioned grants should be set apart, with the interest accruing, as a sepa 
rate and irreducible fund, for the support of common schools in each school 
district, and the purchase of suitable libraries and apparatus. ZabrisJdc a Land 
Law, 657-9, 659-63, 6647. The governor for the first five years was de 
clared superintendent of public instruction; but after five years the legisla 
ture might provide by law for the election of a state superintendent. The 
governor, secretary of state, and state treasurer were made to constitute a 
board of commissioners for the sale of school and university lands, and for 
the investment of the funds arising therefrom, with powers and duties to be 
prescribed by law. The university funds with the interest arising from their 
investment should remain unexpended for a period of ten years, unless con 
gress should assent to their being diverted to common-school purposes, as had 
been requested. The act of congress admitting Oregon allowed the state to 
select lands in place of these 16th and 36th sections granted in previous acts, 
for school purposes, but which had in many cases been settled upon previous 
to the passage of the act making the grant. It also set apart 72 sections for 
the use and support of a state university, to be selected by the governor and 
approved by the commissioner of the general land office, to be appropriated 
and applied as the legislature of the state might prescribe, for that purpose, 
but for no other purpose. The act of admission by the grant of twelve salt 
springs, with six sections of land adjoining or contiguous to each, furnished 
another and important addition to the common-school fund, as under the 
constitution all gifts to the state whose purpose was not named were contri 
butions to that fund. Deady s Laivs Or. , 1 16-1 7. Congress did not listen to the 
prayer of the legislative assembly to take back the gift of the Oregon City 
claim and give them two townships somewhere else in place of it. Neither 
could they find any talent willing to undertake the legal contest with Mc- 
Loughlin, who held possession up to the time of his death in September 1857, 
and his heirs after him. Finally, to be no more troubled with the unlucky 
donation, the legislative assembly of 1862 reconveyed it to McLoughlin a 
heirs, on condition that they should pay into the university fund the sum of 
$1,000, and interest thereon at ten per cent per annum forever. 



428 OREGON BECOMES A STATE. 

when the people should decide at the polls upon the 
constitution and the questions accompanying it. The 
interval was filled with animated discussions upon 
slavery, on the rostrum and in the public prints; the 
pro-slavery papers being much more bitter against 
the constitution for not making Oregon a slave state 
than the opposition papQrs for neglecting to make it 
a free state. The latter gave the constitution little . 
support; because, in the first place, it was well under 
stood that the party which formed it was bent on ad 
mission, in order to retain in its own grasp the power 
which a change of administration might place in the 
hands of the free-soil party, under the territorial 
organization, as well as because they did not wholly 
approve the instrument. There was, as could only 
be expected, the usual partisan acrimony in the argu 
ments on either side. Fortunately the time was short 
in which to carry on the contest. Short as it was, 
however, it developed more fully a style of political 
journalism which was not argument, but invective a 
method not complimentary to the masses to be in 
fluenced, and really not furnishing a fair standard by 
which to judge the intelligence of the people. 

The vote on the constitution resulted in a majority 
of 3,980 in favor of its adoption. There was a ma 
jority against slavery of 5,082; and against free ne 
groes of 7,559. The counties which gave the largest 
vote in favor of slavery were Lane and Jackson. 
Douglas gave a majority of 29 for slavery, while only 
23 votes were recorded in the county for free negroes. 
Indeed, the result of the election demonstrated the 
fact that the southern sentiment concerning the black 
race had emigated to Oregon along with her sturdy 
pioneers. Enslaved, the negro might be endured; 
free, they would have none of him. The whole 
number of votes polled was only about 10,400; 7,700 
voted against slavery; 8,600 against free negroes; 
the remaining 1,000 or 1,100 were probably indif- 



LEGISLATIVE ASSEMBLY. 429 

ferent, but being conscientious republicans, allowed 
the free negro to come or go like any other free man. 25 

The adoption of the constitution was a triumph for 
the regular democratic party, which expected to con 
trol the state. Whether or not congress would ad 
mit Orepfon at the first session of 18578 was doubt- 

o 

ful; another year might pass before the matter was 
determined. The affairs of the territory in the mean 
time must go on as usual, though they should be 
shaped as much as possible to meet the anticipated 
change. 

The legislative assembly 26 met on the 17th of De 
cember, and on notifying the governor, received a 
message containing a historical review from the begin 
ning. The governor approved the constitution, and 
congratulated the assembly on the flourishing condi 
tion of the country. 

The legislature of 1857-8 labored under this disad- 

C5 

vantage, not altogether new, of not knowing how to 
conform its proceedings to the will of the general gov 
ernment. Although not yet admitted to the union, a 



25 Graver s Pub. Life, MS., 53-5; Or. Laws, 1857-8, p. 41; Or. Statesman, 
Dec. 22, 1857; Or. Argus, Dec. 5, 1857. 

26 Members of the council: A. M. Berry, Jackson and Josephine; Hugh 
D. O Bryant, Urapqua, Coos, Curry, and Douglas; *A. A. Smith, Lane and 
Benton; Charles Drain, Linn; *Nathaniel Ford, Polk and Tillamook; *Thomas 
Scott, Yamhill and Clatsop; Edward Sheil, Marion; A. E. Wait, Clackamas 
and Wasco; *Thomas R. Cornelius, Washington, Multnomah, and Columbia. 
President of council, H. D. O Bryant; clerk, Thomas B. Micou; assistant 
clerk, William White; enrolling clerk, George A. Eades; sergeant-at-arms, 
Robert Shortess; door-keeper, William A. Wright. 

Members of the house of representatives: George Able, E. C. Cooley, J. 
Woodsides, Marion; Anderson Cox, N. H. Cranor, H. M. Brown, Linn; Ira 
F. M. Butler, Polk; Benjamin Hay den, Polk and Tillamook; *Reuben C. Hill, 

* James H. Slater, Benton; *A. J. Shuck, * William Allen, Yamhill; *H. V. 
V. Johnson, Washington; *Thomas J. Dryer, Washington and Multnomah; 

* William M. King, Multnomah; * Joseph Jeffries, Clatsop; *F. M. Warren, 
Columbia; N. H. Gates, Wasco; S. P. Gilliland, F. A. Collard, George Rees, 
Clackamas; J. W. Mack, John Whitaker, Lane; * James Cole, Umpqua; A. 

A. Matthews, Douglas; Kirkpatrick, Coos and Curry; H. H. Brown, Will 
iam H. Hughes, Jackson; R. S. Belknap, Jackson and Josephine; J. G. 
Spear, Josephine. Speaker of the house, Ira F. M. Butler; clerk, Charles 

B. Hand; assistant clerk, 1ST. T. Caton; enrolling clerk, George L. Russell; 
sergeant-at-arms, J. B. Sykes; door-keeper, J. Henry Brown. Or. Laws, 
1857-8, p. 9-10. * Opposition. 



430 OREGON BECOMES A STATE. 

portion of the members were in favor of regarding 
their assembly as a state body, and framing their acts 
accordingly. Others thought that endless discussions 
would arise as to the authority of the constitution 
before its approval by congress, and were for making 
only such local laws as were required. Great efforts 
were made to keep the subject of slavery in the 
background, lest by the divisions of the democratic 
party on that issue, the democratic majority at the 
first state election should be lessened or endangered. 

c^ 

After some miscellaneous business, and the election 
of territorial officers, 27 the assembly adjourned Decem 
ber 19th to meet again on the 5th of January. On 
the day of the adjournment the democratic central 
committee held a meeting to arrange for a state con 
vention, at which to nominate for the June election in 
1858. 

At the election of 1858 there were three parties 
in the field, Oregon democrats, national democrats, 28 
and republicans. 29 The national faction could not get 
beyond a protest against tyranny. It nominated J. 
K. Kelly for representative in congress, and E. M. 
Barnum for governor. 30 The republicans nominated 
an entire ticket, with John R. McBride for congress 
man and John Denny for governor. Feeling that 

27 Most of the old officers were continued; Joseph Sloan was elected super 
intendent of the penitentiary. Or. Statesman, Dec. 22, 1857. 

28 The nationals were the few too independent to submit to leaders instead 
of the people. Their principal men were William M. King, Nathaniel Ford, 
Thomas Scott, Felix A. Collard, Andrew Shuck, George Kees, James H. 
Slater, William Allen, and S. P. Gilliland. 

9 The platform of the republican party distinctly avowed its opposition 
to slavery, which it regarded as a merely local institution, one which the found 
ers of the republic deprecated, and for the abolition of which they made 
provisions in the constitution. It declared the Kansas troubles to be caused 
by a departure from the organic act of 1787, for the government of all the 
territory then belonging to the republic, and which had been adhered to 
until 1854, since which a democratic administration had endeavored to force 
upon the people of Kansas a constitution abhorrent to their feelings, and to 
sustain in power a usurping and tyrannical minority an outrage not to be 
borne by a free people. It called the Dred Scott decision a disgrace, and 
denounced the democratic party generally. Or. Argus, April 10, 1858. 

3u The remainder of the ticket was E. A. Rice for secretary; J. L. Brom 
ley, treasurer; James O Meara, state printer. 



DEMOCRATIC VICTORY. 431 

the youth and inexperience of their candidate for 
congress could not hope to win against the two demo 
cratic candidates, the republicans, with the consent of 
McBride, voted for Kelly, whom they liked, and 
whom they hoped not only to elect, but to bring over 
to their party. 31 

Meanwhile, though Kelly ran well, the thorough 
organization of the democratic party secured it the 
usual victory; Grover was elected state representa 
tive to congress; John Whiteaker, governor; Lucien 
Heath, secretary; J. D. Boon, treasurer; Asahel Bush, 
state printer; Deady, Stratton, Boise*, and Wait, 
judges of the supreme court ; A. C. Gibbs, H. Jackson, 
D. W. Douthitt, and B. Hayden, attorneys for the 
1st, 3d, 4th, and 5th districts. The only republican 
elected for a state office was Mitchell, candidate for 
prosecuting attorney in the 2d district. 32 The state 

81 The remainder of the republican ticket was Leander Holmes, secretary; 
E. L. Applegate, treasurer; D. W. Craig, state printer; C. Barrett, judge of 
the 1st district, John Kelsay of the 2d, J. B. Condon of the 3d, and Amory 
Holbrook of the 4th; prosecuting attorneys, in the same order, beginning with 
the 2d district, M. W. Mitchell, George L. Woods, W. G. Langford, and Bren- 
nan. It was advocated in secret caucus to send to California for E. D. 
Baker to conduct the canvass, and speak against the array of democratic 
talent. The plan was not carried out, but home talent was put to use. In 
this campaign E. L. Applegate, son of Lindsey and nephew of Jesse Apple- 
gate, first made known his oratorical abilities. His uncle used to say of him 
that he got his education by reading the stray leaves of books torn up and 
thrown away on the road to Oregon. He was however provided with that 
general knowledge which in ordinary life passes unchallenged for education, 
and which, spread over the surface of a campaign speech, is often as effective 
as greater erudition. Another who began his public speaking with the forma 
tion of the republican party in Oregon was George L. Woods. His subsequent 
success in public life is the best evidence of his abilities. He was cousin to John 
R. McBride, the candidate for congress. Both were friends and neighbors of 
W. L. Adams, and the three, with their immediate circle of relatives and 
friends, carried considerable weight into the republican ranks. Woods was 
born in Boone co., Mo., July 30, 1832, and came to Oregon with his father, 
Caleb Woods, in 1847. The family settled in Yamhill co. In 1853 he mar 
ried his cousin Louisa A. McBride; their children being two sons. Woods 
was self-educated; reading law between the labors of the farm and carpen 
ter s bench. His career as a politician will appear in the course of this 
history. 

3 * The office of state printer, so long held by Bush, was only gained by 
400 majority the lowest of any. It was not Craig, however, who divided 
the votes with him so successfully, but James O Meara, the candidate of the 
national democrats, who came from California to Oregon in 1857. In the 
spring of 1858 O Meara succeeded Alonzo Leland as editor of the Democratic 
Standard. 



432 OREGON BECOMES A STATE. 

legislature consisted of twenty-nine democrats and five 
republicans in the lower house, and twelve democrats 
and four republicans in the senate. 33 According to 
the constitution, the first state legislature was required 
to meet on the first Monday in July 1858, and pro 
ceed to elect two senators to congress, and make such 
other provision as was necessary to complete the or 
ganization of a state government. In compliance with 
this requirement, the newly elected legislature met 
on the 5th of July, and chose Joseph Lane and De- 
lazon Smith United States senators. 34 On the 8th 
the inauguration of Governor Whiteaker took place, 
Judge Boise administering the oath. 35 Little business 
was transacted of a legislative nature. A tax of two 

83 Senate: Marion county, J. W. Grim, E. F. Colby; Yamhill, J. Lam- 
son; Clackamas and Wasco, J. S. Ruckle; Polk, F. Waymire; Linn, Luther 
Elkins, Charles Drain; Lane, W. W. Bristow, A. B. Florence; Umpqua, 
Coos, and Curry, D. H. Wells; Jackson, A. M. Berry; Josephine, S. R. 
Scott; Washington, Columbia, Clatsop, and Tillamook, *T. R. Cornelius; 
Multnomah, *J. A. Williams; Benton, *John S. Mclteeney; Douglas, *J. F. 
Gazley. House: Clatsop and Tillamook, R. W. Morrison; Columbia and 
Washington, Nelson Hoyt; Multnomah, A. D. Shelby, *T. J. Dryer; Clack 
amas, A. F. Hedges, B. Jennings, D. B. Hannah; Wasco, Victor Trevitt; 
Polk, B. F. Burch, J. K. Wait; Marion, B. F. Harding, B. F. Bonham, J. 
H. Stevens, J. H. Lassater; Linn, N. H. Cranor, E. E. Mclninch, T. T. 
Thomas, John T. Crooks; Lane, R. B. Cochran, A. S. Patterson, A. J. Cru- 
zan; Umpqua, J. M. Cozad; Douglas, Thomas Norris, *A. J. McGee; Coos 
and Curry, William Tichenor; Jackson, Daniel Newcomb, W. G. T Vault, 
*J. W. Cully; Josephine, D. H. Holton; Washington, * Wilson Bowlby; 
Yamhill, *A. Shuck, J. C. Nelson (resigned); Benton, J. H. Slater, H. B. 
Nichols. Luther Elkins was chosen president of the senate and W. G. 
T Vault speaker of the house. * Republicans. 

3i Lane wrote from Washington, May 18, 1858, soliciting the nomination, 
and promising to do much if elected; declaring, however, that he did not 
wish a seat in the senate at the expense of harmony in the democratic party. 
He added a postscript to clinch the nail. Dear Bush The bill for the ad 
mission of Oregon has this moment passed the senate, 35 to 17. All right in 
the house. Your friend, Lane. Or. Statesman, June 29, 1858. Notwith 
standing the promises contained in this letter, and the bait held out by ad 
dendum, Lane made no effort to get the bill through the house at that ses 
sion. He wished to secure the senatorship, but he was not anxious to 
have Oregon admitted until the time was ripe for the furtherance of a scheme 
of the democratic party, into which the democrats of Oregon were not yet 
admitted. 

35 John Whiteaker was born in Dearborn co. , Ind. , in 1820. He came to the 
Pacific coast in 1849, and to Oregon in 1852. San Jos& Pioneer, Dec. 21, 1878. 
His early life was spent on a farm in his native state. At the age of 25 he 
married Miss N. J. Hargrove, of 111., and on the discovery of gold in Cal. 
came hither, returning to 111. in 1851 and bringing his family to Oregon. He 
settled in Lane county in 1852, where he was elected county judge. He was 
a member of the legislature of 1857. Representative Men of Oregon, 178. 



EFFORTS FOR ADMISSION. 433 

mills on a dollar was levied to defray current expenses; 
and an act passed to regulate the practice of the 
courts; and an act appointing times for holding 
courts for the year 1858. 36 These laws were not 
to take effect until the state was admitted into the 
Union. 

Four weeks of suspense passed by, and it became 
certain that Oregon had not been admitted. The war 
debt had made no advancement toward being paid. 
The records of congress showed no effort on the part 
of Lane to urge either of these measures, neither did 
he offer any explanation; and it began to be said that 
he was purposely delaying the admission of Oregon 
until the next session in order to draw mileage as 
both delegate and senator. It was also predicted 
that there would be difficulty in procuring the ad 
mission at the next session, as congress would then 
be disposed to insist on the rule recently established 
requiring a population of 93,000 to give the state 
a representative ; but it was hinted that if the senators 
and representative elect should be on the ground at 
the convening of congress, there would still be hope. 

36 This was in reference to a law of congress passed in Aug. 1856, that 
the judges of the supreme court in each of the territories should fix the 
time and places of holding courts in their respective districts, and the dura 
tion thereof; providing, also, that the courts should not be held in more than 
three places in any one territory, and that they should adjourn whenever in 
the opinion of the judges their further continuance was unnecessary. This 
was repaying Oregon for her courso toward the federal judges, and was held 
to work a hardship in several ways. Lane was censured for allowing the act 
to pass without a challenge. However, to adjust matters to the new rule, 
the legislature of 1856-7 passed an act rearranging the practice of the courts, 
and a plaintiff might bring an action in any court most convenient; witnesses 
not to be summoned to the district courts except in admiralty, divorce, and 
chancery, or special cases arising under laws of the U. S. ; but the district 
courts should have cognizance of offences against the laws of the territory in 
bailable cases; and should constitute courts of appeal the operation of the 
law being to place the principal judicial business of the territory in the county 
courts. Or. Laws, 1856-7, p. 17-23. Another act was passed requiring a 
single term of the supreme court to be held at Salem on the 6th of Aug., 
1857, and on the first Monday in Aug. annually thereafter; and repealing 
all former acts appointing terms of the supreme court. The object of this 
act was to put off the meeting of the judges at the capital until after the ad 
mission of Oregon, thus rendering inoperative the law of congress as Smith 
explained to the legislature at the time of its passage. But it happened that 
Oregon was not admitted in 1857, which failure left the U. S. courts in sus 
pense as to how to proceed; hence the action of this legislature. 
HIST. OB., VOL. II. 28 



434 OREGON BECOMES A STATE. 

Acting upon this suggestion, Grover and Smith set 
out for the national capital about the last of Septem 
ber, to hasten, if possible, the desired event. 37 At 
this trying juncture of affairs, Lane gave advice, 
which the Statesman had the good sense to discounte 
nance, that the state, having been organized, should 
go on as a state, without waiting for the authority of 
congress. He was afterward accused of having done 
this with a sinister motive, to bring Oregon into the 
position of a state out of the union. 

It was determined not to hold the September term 
of the state legislature, which might bring nothing 
but debt. A few of the members went to Salem at 
the time appointed, but they adjourned after an in 
formal meeting. It now became certain that there 
must be a session of the territorial assembly at the 
usual time in December and January, as the territo 
rial government must go on during the suspension of 
the state government. Accordingly, on the 6th of 
December, the members of the territorial legislature, 
who had been elected at the same time with the state 
legislature to provide against the present contingency, 
assembled at Salem and proceeded to the usual busi 
ness. 38 

37 Graver s Pub. Life, MS., 71. 

38 Council: Jackson and Josephine, A. M. Berry; Umpqua, Coos, Curry, 
and Douglas, Hugh D. O Bryant; Lane and Benton, James W. Mack; Linn, 
Charles Drain; Polk and Tillamook, *N. Ford; Yamhill and Clatsop, George 
H. Steward; Marion, Samuel Parker; Clackamas and Wasco, A. E. Wait; 
Washington, Multomah, and Columbia, *Thos E. Cornelius. House: Marion, 
B. F. Bonham, J. H. Stevens, J. H. Lassater; Linn, N. H. Cranor, E. E. 
Mclninch, John T. Crooks; Polk, Isaac Smith; Polk and Tillamook, H. N. 
V. Holmes; Benton, * James H. Slater, *H. B. Nichols; Yamhill, A. Zieber, 
J. H. Smith; Washington, * Wilson Bowlby; Washington and Multnomah, 
*E. D. Shattuck; Multnomah, *T. J. Dryer; Clatsop, *W. W. Parker; Co 
lumbia, W. R. Strong; Wasco, N. H. Gates; Clackamas, A. F. Hedges, D. 
B. Hannah, B. Jennings; Lane, W. W. Chapman, W. S. Jones; Umpqua, 
* James Cole; Douglas, *A. E. McGee; Coos and Curry, William Tichenor; 
Jackson, W. G. T Vault, S. Watson; Jackson and Josephine, D. Newcomb; 
Josephine, D. S. Holton. Officers of council: Charles Drain, president; N. 
Huber, clerk; W. L. White, assistant clerk ; H. H. Howard, enrolling clerk; 
D. S. Herren, sergeant-at-arms; James L. Steward, door-keeper. Officers of 
the house of representatives: N. H. Gates, speaker; James M. Pyle, clerk; 
H. W. Allen, assistant clerk; J. D. Porter, enrolling clerk; E. C. McClane, 
sergeant-at-arms; Joseph H. Brown, door-keeper. Or. Laws, 1858-9, 7-9. 
Republican. 



GOVERNOR S MESSAGE. 435 

Governor Curry s message indicated the Lane in 
fluence. It contained some remarks on what the States 
man called the anomaly of a territorial government, 
and urged that the territorial system was uncon 
stitutional, wrong in principle, and not in harmony 
with the spirit of American institutions. He declared 
there was no provision of the constitution which con 
ferred the right to acquire territory, to be retained as 
territory and governed by congress with absolute 
authority; nor could the people of the United States 
who chose to go out and reside upon the vacant ter- 
tory of the nation, be made to yield a ready obedience 
to whatever laws congress might deem best for their 
government, or to pay implicit deference to the author 
ity of such officers as were sent out to rule over them. 
No such power, according to Governor Curry s view, 
had ever been delegated to the government by the 
sovereign people of the sovereign states, who alone 
could confer it; and the only authority of congress 
over the territories was that derived from a clause in 
the constitution intended simply to transfer to the 
new government the property held in common by the 
original thirteen states, together with the power to 
apply it to objects mutually agreed upon by the states 
before their league was dissolved. The power of en 
larging the limits of the United States was by ad 
mitting new states, and by that means only. It was 
contended that California, which had no territorial 
existence, came into the union more legitimately than 
Oregon would do, because Oregon had submitted it 
self to the authority of the general government. 
This and more was declared, in a clear and argument 
ative style, very attractive if not convincing. The 
Statesman recommended it to the perusal of its read 
ers, at the same time declining to discuss the ques 
tion. This was only another indication of the ten 
dencies of the democratic party in Oregon, as else 
where. Curry s whole argument was an attack on 
the validity of the ordinance of 1787, to which the 



436 OREGON BECOMES A STATE. 

founders of the provisional government had tenaciously 
clung, and a contradiction of the spirit of all the pe 
titions and memorials of their legislatures from the 
beginning to the then present time. He lost sight of 
the fact that the states were not such in the old- 
world sense of the term, but parts of a compound 
state or national confederacy; and as such subject to 
some general regulations which they were bound to 
obey. The doctrine that a body of the people could 
go out and seize upon any portion of the territory be 
longing to the whole union, and establish such a gov 
ernment as pleased them without the consent of the 
nation, was not in accordance with any known system 
of national polity. The object of introducing this 
subject in an executive message under the existing 
peculiar political condition of Oregon, and at a time 
when his connection with territorial affairs was merely 
incidental, must ever remain open to suspicion. It 
was fortunate, with leading officials capable of such 
reasoning, that the people had already voted upon and 
decided for themselves the question which lay at the 
bottom of the matter, not upon constitutional grounds, 
but upon the ground of expediency. 

Little was done at this session of the legislative 
assembly beyond amending a few previous acts, and 
passing a number of special laws incorporating mining 
improvements in the southern counties, and other 
companies for various purposes in all parts of Oregon. 
Less than the usual number of memorials were ad 
dressed to congress. An appropriation of $30,000 was 
asked to build a military road from some point of inter 
section on the Scottsburg road, to Fort Boise ; it being 
represented that such a highway would be of great 
value in moving troops between forts Umpqua and 
Boise, and of great importance to the whole southern 
and western portion of Oregon. A tri-weekly mail, by 
stages between Portland and Yreka, was petitioned 



PETITIONS TO CONGRESS. 437 

for; 39 and the Oregon delegate was instructed to ask 
for land offices to be opened at Jacksonville and The 
Dalles, for the survey of a portion of eastern Oregon, 
and for the establishment of an Indian agency and 

39 The Pacific Mail Steamship Company procured the removal of the dis 
tributing office for Oregon from Astoria to San Francisco about 1853, as I have 
before mentioned, causing confusion and delay in the receipt of mails, the 
clerks in San Francisco being ignorant of the geography of Oregon, and the 
system being obnoxious for other reasons. A mail arrived after the ordinary 
delay at Oregon City, Dec. 21st, and lay there until Jan. 1st, with no one to 
attend to forwarding the mail-bags to their proper destinations up the valley. 
Such was the state of things in 1856. The legislature petitioned and remon 
strated. In 1857, when Lane was in Oregon and was re-elected to congress, he 
gave as a reason for not having secured a better mail service that the republi 
cans had a majority in congress, when this same republican congress had ap 
propriated $500,000 for an overland mail to California, which was intended to 
operate as an opening wedge to the Pacific railroad; but the democrats, by way 
of favoring the south, succeeded in establishing the overland mail route by the 
way of El Paso in Mexico. A contract was concluded about the same time 
with the P. M. S. S. Co. for carrying mails between Panamd and Astoria, 
for $248,250 per annum, and the service by sea was somewhat improved, al 
though still very imperfect. In the mean time the overland mail to Califor 
nia was established, the first coach leaving St Louis Feb. 16, 1858. It was 
some months before it was established, the second arriving at San Francisco 
in October, and the first from San Francisco arriving at Jefferson, Missouri, 
Oct. 9th, with six passengers, in 23 days 4 hours. This was quicker time* 
than the steamers made, and being more frequently repeated was a great gain 
in communication with the east for California, and indirectly benefited 
Oregon, though Oregon could still only get letters twice a month. 

Before 1857 there was no line of passenger coaches anywhere in Oregon. 
One Concord coach owned by Charles Rae was the only stage in the Willa 
mette from 1853 to 1855. A stage line from Portland to Salem was put on 
the road in 1857, making the journey, 50 miles, in one day. In 1859, a mail 
and passenger coach ran once a week from Salem to Eugene, and from Eu 
gene to Jacksonville. Weekly and semi-weekly ir-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 I860 ordered this service to be re 
duced to a bi-monthly one, and that the mail should be carried but once a 
week to Jacksonville and the towns On the way. If Lane keeps on helping 
us, said the Aryus, we shall soon have a monthly mail carried on foot or in 
a canoe. On the other hand, the people were clamoring for a daily mail from 
Portland to Jacksonville, with little prospect of getting it until the Califor 
nia Stage Company interposed with a proposition to the postal department to 
carry the mail daily overland to Oregon. This company, formed in 1853 by the 
consolidation of the various stage lines in California, had a capital stock of 
$1,000,000 to begin with, including 750 horses and covering 450 miles of road. 
James Birch, president, was the first advocate in Washington of the over 
land mail to the east, and by his persistence it was secured. In 1859-60 the 
vice-president, F. L. Stevens, urged upon the department the importance of 
a daily mail line overland from S. F. to Portland, and succeeded in gain 
ing his point and the contract. In June 1860 the California company placed 
its stock on the road as far north as Oakland, connecting there with Chase s 
line to Corvallis, which again connected with the Oregon Stage Company s 
line to Portland, making a through line to Sacramento in October. It 
required a considerable outlay to put the road in repair for making regular 
time, and at the best, winter travel was often interrupted or delayed. Then 
came the great flood of 1861-2, which carried away almost all the bridges on 



438 OREGON BECOMES A STATE. 

military post in the Klamath Lake country. 40 On 
the 22d of January the legislative assembly adjourned 
without having learned whether its acts were invalid, 
or the state still out of the union; but not without 
having elected the usual list of territorial officers. 41 

the line, and damaged the road to such an extent that for months no mails 
were carried over it. But nothing long interrupted the enterprises of the 
company. In due course travel was resumed, and in 1865 their coaches ran 
400 miles into Oregon. This year the company demanded $50,000 additional 
for this service, which was refused, and in 1866 they sold their line to Frank 
Stevens and Louis McLane, who soon re-sold it to H. W. Corbett, K Corbett, 
William Hall, A. O. Thomas, and Jesse D. Carr, and it was operated until 
1869 under the name of H. W. Corbett & Co. Carr then purchased the 
stock, and carried the mail until 1870, when the Cal. and Or. Coast Overland 
Mail co. obtained the contract, and bought Carr s stock. They were running 
in 1881, since which period the railroad to Oregon has been completed, and 
carries the mail. 

The first daily overland mail from St Joseph, Missouri, to Sacramento ar 
rived at that place July 18, 1861, in 17 days 4 hours, having lost but 40 hours 
running time. One passenger, Thomas Miller, came directly through to Ore 
gon the longest trip by coach ever made. In consequence of the civil war, 
the southern route was abandoned, and the central route by Salt Lake estab 
lished, the precursor of the railroad. Indians and highwaymen caused its 
discontinuance in 1862, and the government accepted the services of a regi 
ment of infantry and 5 companies of cavalry to protect it between Salt Lake 
and California, while the 6th Ohio cavalry kept watch on the plains east of 
Salt Lake. 

Contemporary with the daily overland mail was the Pony Express, a de 
vice for shortening the time of important mail matter. W. H. llussell of 
Missouri was the founder, and ran his ponies from the Missouri to Salt Lake, 
connecting with the ponies of the overland mail from there westward. The 
time made was an average of 8 days, or half the time of the coaches. In Nov. 
1861, the telegraph line from the Missouri to the bay of San Francisco was 
completed, though the pony express continued for some time afterward. By 
the aid of telegraph and daily mail, Oregon obtained New York news in 4 
days, until in 1864 a telegraph line from Portland to Sacramento had finally 
done away with space, and the long year of waiting known to the pioneers 
was reduced to a few hours. 

40 There was a clause in the constitution which prohibited the legislature 
from granting divorces, which prohibition on becoming known stimulated in 
a remarkable manner the desire for freedom from marital bondage. Thirty- 
one divorces were granted at this session of the territorial legislature, which 
would be void should it be found that congress had admitted Oregon. For 
tunately for the liberated applicants, the admission was delayed long enough 
to legalize these enactments. It was said that as many more applications 
were received. The churches were shocked. The methodist conference de 
clared that marriage could be dissolved only by a violation of the seventh 
commandment. The congregationalists drew the lines still closer, and in 
cluded the slavery question. Or. Argus, July 28, 1860; Or. Statesman, Sept. 
20, 1859. 

41 D. Newcomb was chosen brigadier-general; George H. Steward quarter 
master-general; A. L. Lovejoy commissary-general; D. S. Holton surgeon- 
general; J. D. Boon treasurer; B. F. Bonham auditor and librarian. The ex 
pense of the territorial government for 1858 was $18,034.70. To pay the 
expenses of the constitutional convention a tax of If mills was levied on all 
taxable property. Or. Laws, 1858-9, 40. 



A BROKEN IDOL. 439 

i 

Before the adjournment, letters began to arrive from 
Grover and Smith relative to the prospects of Oregon 
for admission. They wrote that republicans in con 
gress opposed the measure because the constitution 
debarred free negroes from emigrating thither, as 
well as because the population was insufficient, and 
that an enabling act had not been passed. These 
objections had indeed been raised; but the real ground 
of republican opposition was the fact that congress 
had refused to admit Kansas with a population less 
than enough to entitle her to a representative in the 
lower house, unless she would consent to come in as 
a slave state; and now it was proposed to admit Ore 
gon with not more than half the required population, 42 
and excluding slavery. The distinction was invidious. 
The democrats in congress desired the admission be 
cause it would, on the eve of a presidential election, 
give them two senators and one representative. For 
the same reason the republicans could not be expected 
to desire it. Why Lane did not labor for it was a 
question which puzzled his constituents; but it was 
evident that he was playing fast and loose with his 
party in Oregon, whom he had used for his own ag 
grandizement, and whom now he did not admit to his 
confidence. The hue and cry of politicians now be 
gan to assail him. The idol of Oregon democracy was 
clay! 43 

42 In 1856, when the subject was before congress, Lane said he believed the 
territory could poll 15,000 or 20,000 votes. It had been stated in the house, 
by the chairman of the committee on territories, on the 31st of Jan. 
1857, that Oregon had a population of about 90,000. Cong. Globe, xxxiv. 520. 
But the Kansas affair had made members critical, and it was well known be 
sides that this was double the real number of white inhabitants. Gi /reifs Or. , 
MS., 17-18; Deady s Hist. Or., MS., 39. The population of Oregon in 1858 
according to the territorial census was 42,677. The U. S. census in 1860 made 
it 52.416. 

43 In the ten years since the territory had first sent a delegate to congress, 
and during which at every session its legislature had freely made demands 
which had been frequently responded to, the interest of congress in the Oregon 
territory had declined. Then came the allegations made by the highest mil 
itary authority on the Pacific coast that the people of Oregon were an organ 
ized army of Indian-murderers and government robbers, in support of which 
assertion was the enormous account against the nation, of nearly six million 
dollars, the payment of which was opposed by almost the entire press of the 
union. It is doubtful if any man could have successfully contended against 



440 OREGON BECOMES A STATE. 

At last, amidst the multitude of oppugnant issues 
and factions, of the contending claims to life and lib 
erty of men white, red, copper-colored, and black 
-of the schemings of parties, and the fierce quarrels 
of politicians, democrats, national and sectional, whig 3, 
know-nothings, and republicans, Oregon is enthroned 
a sovereign state ! 

While all this agitation was going on over the non- 
admission of Oregon, toward the close of March news 
came that the house had passed the senate bill 
without any of the amendments with which the 
friends of Kansas had encumbered it, few republicans 
voting for it, and the majority being but eleven. 44 
Thus Oregon, which had ever been the bantling of the 
democratic party, was seemingly brought into the 
union by it, as according to fitness it should have been ; 
although without the help of certain republicans, who 
did not wish to punish the waiting state for the prin 
ciples of a party, it would have remained out indefi 
nitely. 45 The admission took place on Saturday, Feb- 

the suspicion thus created, that the demands of Oregon were in other in 
stances unnecessary and unjust. But Lane thought that Oregon s necessity 
was his opportunity, and that by promising the accomplishment of a doubt 
ful matter he should secure at least his personal ends. Nor was he alone in 
this determination. Stephens of Georgia, a personal friend of Lane, who 
was chairman of the committee on territories, was generally believed to be 
withholding the report on the bill for the admission of Oregon, in obedience 
to instructions from Lane. Smith and Grover also appeared to be won over, 
and were found defending the course of the delegate. These dissensions in 
the party were premonitory of the disruption which was to follow. 

"Cong. Globe, 1858-9, pt i. 1011, 35th cong. 2d sess.; Id., pt ii. ap. 330; 
S. F. Bulletin, March 10, 1859; Deady s Laws Or., 101-4; Poore s Charters 
and Constitutions of U. 8., pt ii., 1485-91, 1507-8; Or. Laws, 1860, 28-30; 
U. S. Pub. Laws, 333-4, 35th cong. 2d sess. 

45 Schuyler Colfax, in a letter to W. C. Johnson of Oregon City, made this 
explanation: The president in his message demanded that the offensive re 
striction against Kansas should be maintained, prohibiting her admission till 
she had 93,000 inhabitants, because she rejected a slave constitution, while 
Oregon, with her Lecompton delegation, should be admitted forthwith. And 
the chief of your delegation, Gen. Lane, was one of the men who had used 
all his personal influence in favor of that political iniquity, the Lecompton 
constitution, and its equally worthy successor, the English bill. He, of course, 
refused now to say whether he would vote in the U. S. senate, if admitted 
there, to repeal the English prohibition which he had so earnestly labored to 
impose on Kansas; and its political friends in the house refused also to assent 
to its repeal in any manner or form whatever. This, of course, impelled 
many republicans to insist that Oregon, with her Lecompton delegation, should 
wait for admission till Kansas, with her republican delegation, was ready to 



ADMISSION TO THE UNION. 441 

ruary 12, 1859; the bill was approved by the pres 
ident on Monday, the 14th, on which day Lane and 
Smith presented their credentials to the senate, and 
were sworn in. On drawing for their terms, Lane 
with his usual good luck drew the term ending in 
1861, while Smith s would expire the following month. 
On the 15th Grover took his seat in the house, to 
which he would be entitled only until the 3d of March. 
The satisfaction which the friends of state govern 
ment expected to derive from admission to the union 
was much dulled by delay and the circumstances at 
tending it. Party leaders had taught the people to 
believe that when Oregon became a state the war 
debt would be paid. 48 The same leaders now declared 
that after all they had gained little or nothing by it, 
and were forced to solace themselves with pleasant 
messages from the western states, from which had 
gone forth the annual trains of men and means by 
which Oregon had been erected into an independent 
commonwealth. 47 She had at all events come into the 
union respectably, and had no enemies either north or 
south. 

come in with her. With a less obnoxious delegation from Oregon, the votes 
of many republicans would have been different. As it turned out, however, 
the very men for whose interests Gen. Lane had labored so earnestly I mean 
the ultra-southern leaders refused to vote for the admission bill, although 
they had the whole delegation elect of their own kidney. And it would have 
been defeated but for the votes of fifteen of us republicans who thought it 
better to disinthrall Oregon from presidential sovereignty, and from the sphere 
of Dred Scott decisions; and even in spite of your obnoxious delegation, to 
admit the new state into the union, rather than remand it to the condition 
of a slave-holding territory, as our supreme court declares all our territories 
to be. Hence, if there is any question raised about which party admitted 
Oregon, you can truthfully say that she would not have been admitted but 
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 regarded them. Or. Argus, May 28, 1859; See U. S. H. Rept, 123, vol. 
i. , 35th cong. 2d sess. 

6 See comments of Boston Journal, in Or. Argus, Sept. 24, 1859. 

"Kansas City, Missouri, on the 4th of July, 1859, attached the new star 
representing Oregon to its flag amidst a display of enthusiasm and self-aggran 
dizement. 



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 CONVENTION NOMINATIONS AND ELECTIONS 
RUPTURE IN THE DEMOCRATIC PARTY SHEIL ELECTED TO CONGRESS 
SCHEME OF A PACIFIC REPUBLIC LEGISLATIVE SESSION OF 1860 
NESMITH AND BAKER ELECTED U. S. SENATORS INFLUENCE OF SOUTH 
ERN SECESSION THAYER ELECTED TO CONGRESS LANE S DISLOYALTY 
GOVERNOR WHITEAKER STARK, U. S. SENATOR OREGON IN THE 
WAR NEW OFFICIALS. 

THE act of congress extending the laws and judicial 
system of the United States over Oregon, which 
passed March 3, 1859, 1 provided for one United States 
judge, at. a salary of twenty-five hundred dollars per 
annum, Matthew P. Deady being chosen to fill this 
office. 2 Late in 1858 Williams had been appointed chief 
justice of the territory, with Bois6 associate justice, and 
Walter Forward 3 of Marion county United States mar 
shal, McCracken having resigned. On the 20th of 
May the judges elect of the supreme and circuit courts 

1 U. S. Pub. Laws, 437, 35th cong. 2d sess. 

2 Grover 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, 
and personally his preference, but that the Oregon people were opposed to 
imported officers, and hence he recommended Deady. Pub. Life in Or., MS., 
57. It was said at the time that Lane made the recommendation to keep 
Deady out of his way in future elections. However that might be, the ap 
pointment was satisfactory, and Judge Deady has done much to support the 
dignity of the state, and to promote the growth of moral and social institu 
tions. 

3 He was a nephew of Walter Forward of Penn. and of Jeremiah Black 
U. S. atty-gen. Amer. Almanac, 1857-9; Or. Statesman, Dec. 21, 1858. 



ORGANIZATION OP THE COURTS. 443 

met at Salem to draw lots for their terms of office, 
Boise* and Stratton getting the six years and Wait 

the four years term, which made him, as holder of 

/ 

the shorter term, by the provisions of the constitu 
tion, chief justice. The vacancy created by Deady s 
appointment was filled by P. P. Prim of Jackson 
county. 4 Andrew J. Thayer was appointed United 
States district attorney in place of W. H. Farrar, and 
Forward continued in the office of marshal until Sep 
tember, when Dolph B. Hannah was appointed in his 
place. Joseph Gr. Wilson received the position of 
clerk of the supreme court, 5 and J. K. Kelly was 
made attorney for the United States. 

The supreme judges not being able to determine 
whether their decisions would be valid under the act 
passed by the state legislature before the admission 
of Oregon, Governor Whiteaker convened the legisla 
ture on the 16th of May, which proceeded to complete 
the state organization and regulate its judiciary. 
Among the acts passed was one accepting certain 
propositions made by congress in the biU of admission. 
By this bill, in addition to the munificent dowry of 
lands for school and university purposes, the state 
received ten entire sections of land to aid in complet 
ing the public buildings, all the salt springs in the 
state, not exceeding twelve in number, with six sec 
tions of land adjoining each, with five per cent of the 
net proceeds of the sales of all public lands lying 
within the state to be applied to internal improve 
ments; in return for which the state agreed that non 
residents should not be taxed higher than residents, 
and the property of the United States not at all ; nor 
should the state in any way interfere with the primary 
disposal of the soil by the United States, or with any 
regulations which congress might find necessary for 

4 Prim s Judicial Affairs, MS., 11; Ashland Tidings, June 7, 1878. The 
district court held its sessions in the methodist church in Jacksonville. Or. 
Argus, Nov. 22, 1856; Overland Monthly, xiv. 377-81. 

6 Or. Reports, ii. 8-9. Deady made him special U. S. attorney in the 
spring of 1860. 



444 POLITICS AND PATRIOTISM. 

securing title in the soil to bona fide purchasers. 6 A 
few acts, general and special, were passed, 7 among 
others, one providing for the seal of the state of Ore 
gon, 8 and one for a special election to be held on the 
27th of June for the choice of a representative to 
congress, after which the legislature adjourned. 

One thing they had failed to do, its omission being 
significant- -they had not elected Delazon Smith to 
return to the United States senate. Rather than do 
that, they preferred to leave his place vacant, which 
they did, Smith having shown himself while in Wash 
ington not only an adherent of Lane, dethroned, but a 
man altogether of whom even his party was ashamed. 9 

Of their representative Grover, there was much to 
be said in his praise. His speeches were impressive, 
full of condensed facts, and he conducted himself in 
such a way generally as to command respect. It was 
said that there was more culture and ability in the one 
representative than in the two senators. But it was 
not upon fitness, but party requirements, that he had 
been elected ; and before he had returned to offer him 
self for reelection, new issues had arisen, and another 
man had been nominated in his place. Thus both of 
the men, prime favorites of the democratic party in 
Oregon, returned to the new state after less than one 
month of congressional honors, to find that their gains 
were only pecuniary. 11 

6 Gen. Laws Or., 1859, 29-30. 

7 An act providing for the election of presidential electors, and to pre 
scribe their duties. An act providing for the registration of the property of 
married women, according to the constitution. An act providing for the 
leasing of the penitentiary. An act raising the state tax to two mills on a 
dollar, etc. 

8 The description of the seal of the state of Oregon shall be an escutcheon 
supported by thirty-three stars divided by an ordinary, with the inscription 
"The Union." In chief mountains, an elk with branching antlers, a 
wagon, the Pacific ocean, on which is a British man-of-war departing and an 
American steamer arriving. The second quartering with a sheaf, plough and 
pick-axe. Crest, the American eagle. Legend, State of Oregon. JDeady s 
Laws Or., 496-7. 

9 They used to call him Delusion Smith. 

10 The men put in nomination at the democratic convention in April were 
W. W. Chapman, George L. Curry, George H. Williams, L. F. Grover, and 
Lansing Stout. The contest was between Stout and Grover, and Stout 
received 7 more votes in convention than Grover. Lansing Stout, lawyer, 



REPUBLICAN PLATFORM. 44 

On the 21st of April the republicans met in con 
vention and brought out their platform ; which was, in 
brief, devotion to the union, and the right of inde 
pendent action in the states, subject only to the con 
stitution of the United States; declaring the wisdom 
of the constitution in relation to slavery, yet opposed 
to its extension; recognizing the fact that the consti 
tution vested the sovereignty of the territories in 
congress, yet not forgetting that congress might dele 
gate the exercise of that sovereignty partly or wholly 
to the people of the territories, and favoring such 
delegation so far as consistent with free labor and 
good government. It declared the intervention of 
congress for the protection of slavery in the territo 
ries, demanded by leading democrats, a gross infrac 
tion of popular and national rights, which should be 
resisted by free men. It was opposed to placing large 
sums of money in the hands of the executive with 
authority to purchase territory as he chose without 
the consideration of congress; and while welcoming 
those of the white race who came to the United 
States to enjoy the blessings of free institutions, held 
that the safety of those institutions depended upon 
the enforcement of the naturalization laws of the 
country. These were the real points at issue. But 
in order to add strength to the platform, it was 
resolved by the convention that the interests of Ore 
gon, as well as the whole union, demanded the passage 
of the homestead bill, 11 and the speedy construction 
of the Pacific railroad. Internal improvements of a 
national character, a tariff sufficient to meet the cur 
rent expenses of the government which should dis 
criminate in favor of home industry, a free gift of a 

was a native of N. Y., came to Cal. in 1852, and was elected to the legislature 
in 1855. He afterward removed to Portland and was elected county judge. 
He had ability, particularly in the direction of politics. He died in 1871 at 
the age of 43 years. Walla Walla Statesman, March 11, 1871; Olympia Wash. 
Standard, March 11, 1871. 

11 This had been before congress at the last session, Lane voting against 
it. This fact was used by the republicans against him; and it is difficult to 
understand his motive, unless it was simply to oppose northern senators. 



446 POLITICS AND PATRIOTISM. 

home to him who would cultivate and defend it, were 
announced as the measures which the republican party 
pledged itself to support. Lastly, congress was ear 
nestly invoked to pay the war debt of Oregon, not 
holding responsible the people for any errors or mis 
conduct of officers or individuals, whether truly or 
falsely alleged. 

On proceeding to ballot for congressmen, the names 
of David Logan, B. J. Pengra, and W. L. Adams 
were presented, Logan receiving a majority of thir 
teen over Pengra. Delegates were chosen to attend 
the national republican convention of 1860, who were 
instructed to vote for W. H. Seward for presidential 
candidate; but in case this were not expedient, to uso 
their discretion in selecting another. 12 

The republican party of Oregon was now fairly 
launched on the unknown sea of coming events. 
Logan was admitted by his opponents to be the 
strongest man of his party, one possessed of positive 
qualities, and an eloquent and satirical orator. He 
had, however, certain moral defects which dimmed 
the lustre of his mental gifts, and always stood in 
the way of his highest success. How near he came 
to a victory, which would have been unprecedented, 
Stout s majority of only sixteen votes pointedly illus 
trates. 13 

Anything so near a republican triumph had not 
been anticipated, and both parties were equally aston 
ished. 14 



2 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. 

u The county of Marion, hitherto solidly democratic, gave Logan nearly 
8f>0 majority. Linn, the home of Delazon Smith, gave Stout but 100 ma 
jority; Polk, the home of Nesmith, gave 30 majority for Stout; Lane gave a 
majority of 20 for Logan. Multnomah, Clatsop, Washington, Yamhill, and 
Tillamook, all went for Logan. The southern counties generally went for Stout, 
and saved the democratic party in the Willamette Valley from defeat; for al 
though they contained some of the strongest opponents of the democracy, the 
majority were intensely devoted to Lane, and they had not had the light on his 
recent course in congress which 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 partisans of 
the two factions only contributed to widen the breach 
and complete the disruption of the party. The tyran 
nical and prescriptive course of the old Lane-Bush 
democracy was now practised by the Lane-Stout de 
mocracy. In 1858 the Statesman had upheld the 
measure of making Lane s majority the basis of ap 
portionment in the several counties. In 1859 the 
central committee, following this example, declared 
that Stout s majority should be the basis of appor 
tionment for delegates to the November convention. 
A general protest followed, the counties sending as 
many delegates as they thought fit. Only four were 
admitted from Marion, which sent ten, and eight 
counties withdrew, 15 resolving not to elect delegates 
to the Charleston convention, but simply to pledge 
themselves to support the national nominee. 

Upon the withdrawal of this body of delegates, the 
delegates of the eleven remaining counties made known 
their instructions concerning the presidental candidate, 
when it was found that Josephine county had named 
Stephen A. Douglas, and Yamhill Daniel S. Dickin 
son. Other counties refused to nominate Lane. In 
this embarrassing position those who had so deter 
mined, guided by L. F. Mosher, Lane s son-in-law, 
cut the gordian knot by moving to appoint a com 
mittee to report delegates to the national convention 
with instructions, which was done. The report of 
the committee named Joseph Lane, Lansing Stout, 

15 Marion, Polk, Wasco, Clatsop, Washington, Umpqua, Coos, and Curry. 



448 POLITICS AND PATRIOTISM. 

and Matthew P. Deady delegates, with John K. Lam 
erick, John F. Miller, and John Adair as alternates; 
with instructions to use all their influence to procure 
the nomination in the Charleston convention of Jo 
seph Lane for the presidency. Blinded by partisan 
zeal and the dangerous flattery of southern men and 
women, Lane had staked all on this desperate hazard; 
while the unwise action of his friends in allowing eig[ht 

o o 

counties to be driven out of the Eugene convention 
apparently deprived him of any reasonable expecta 
tion of carrying his own state should he receive such 
nomination. 16 

Under the state constitution the legislature and 
state officers were to be elected biennially on the first 
Monday in June. The first election having been 
held in 1858, there could be no other before June 
1860; therefore, after the democratic convention of 
November, the people might have enjoyed exemption 
from the noise of politics had it not been that a cloud 
of party journals had fallen upon the land. 17 The only 

16 Sacramento Union, in Or. Statesman, Jan. 17, 1860. 

17 Concerning the newspapers which sprung into existence about the time 
of the admission of Oregon, I have gathered the following chiefly from the 
Statesman, Art/us, and Oregonian. Many of them had a brief existence, or 
so frequently changed their titles that it is difficult to follow them. Early 
in 1858 the Democratic Standard, which was established by Alonzo Leland 
in 1854, changed hands, and was edited by James O Meara, as we have seen. 
It suspended in January 1859, but resumed publication in February. Not 
long after, the press was removed to Eugene City, where a paper called the 
Democratic Herald was started by Alex. Blakely, to be devoted to the inter 
ests of the Lane democracy. It survived but one year. Previously to 
this removal to Eugene, there had been a neutral paper published at that 
place called the Pacific Journal. This paper was purchased in 1858 by 
B. J. Pengra, and published as a republican journal under the name of 
The People s Press. A semi- weekly, called the Franklin Advertiser, was 
for a short time published in Portland by S. J. McCormick. Subsequently, 
in 1859, Leland of the Standard stated a paper at Portland, called the 
Daily Advertiser, got up as the Standard was, to crush out the Salem 
clique. It was pro-slavery and an ti -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 daHy, McCormick in 
troducing a steam press into his printing establishment. Previous to starting 
the Advertiser Leland had established the Daily News, the first daily paper 
in Oregon, in connection with S. A. English & Co. , publishers. Hardly had 
it begun before it passed into the editorial charge of E. D. Shattuck, and a 
little later into the hands of W. D. Carter. The News then published a 
weekly, independent in politics, which had a brief existence. In December 



NOMINATING CONVENTIONS. 449 

good thing that could be said of them was that they 
provoked free criticism of themselves, and were thus 
instrumental in emancipating the thought of the 
people. 

A democratic convention for the nomination of a 
representative was called, to meet at Eugene in April, 
the call being declined by Marion, Clatsop, Curry, 
Washington, Polk, and Tillamook. George K. Sheil 
was nominated, 18 and the convention adjourned with 
out choosing candidates for presidential electors, which 
was a part of the business. Two days later the re 
publicans held a convention, at which delegates from 
seventeen counties were present. At this meeting 

I860 the Portland Daily Times issued one or two numbers, and suspended. 
It was revived in 1861, and supported the government. In the latter part 
of 1860 Henry L. Pittock, the present publisher of the Oregonian, purchased 
that paper, and started a daily, which appeared for the first time Feb. 4, 1861. 
In 1859 a journal called the Roseburg Express was published in Roseburg, on 
the press of the Chronicle of Yreka, L. E. V. Coon & Co. publishers, which 
ran for a year and failed. Corvallis had had, after the removal of the States 
man , the Occidental Messenger and Democratic Crisis, both of which were 
dead in 1859. T. H. B. Odeneal was publisher of the latter. In place of 
this a secession paper called The Union was being issued in 1860 by J. H. 
Slater. In 1859 W. G. T Vault withdrew from the Jacksonville Sentinel, 
selling to W. B. Treanor & Co., who employed the ubiquitous O Meara as ed 
itor until 1861, when he was succeeded by Dellinger and Hand. About the 
beginning of 1859 The Dalles Journal was established by A. J. Price, after 
ward controlled by Thomas Jordan, an army officer, whose interference with 
state politics was not regarded with favor. It passed into the hands of W. 
H. Newell in 1861, who started The Mountaineer. About the close of 1859, 
Delazon Smith caused the Oregon Democrat to be established at Albany for 
his own purposes. It was published by Shepard, made war on the Salem 
clique, and sustained Lane. Early in 1861 it was taken in charge by P. J. 
Malone, an able writer, and in 1865 became the State Rights Democrat, with 
O Meara for editor. The Pacific Christian Advocate was removed from Salem 
to Portland about this time, its editor, Thomas H. Pearne taking great inter 
est in politics. In fact, no paper could gain a footing without politics; and 
with the exception of the Oregonian, Argus, and People s Press, every paper 
in the state was democratic. At Roseburg the Oregon State Journal was 
started in June 1861 on the materials of the Roseburg Express, which had 
not been long in existence. In August 1861 O Meara and Pomeroy began 
the publication of the Southern Oregon Gazette, a secession journal, which 
lived but a brief period. As an evidence of the increased facilities for print 
ing, it might be here mentioned that T. J. McCormick, who was the pub 
lisher of the first literary magazine in Oregon, styled the Oregon Monthly 
Magazine, in 1852, and the Oregon Almanac, in the spring of 1859, published 
in good style a novel of 350 pages by Mrs Abigail Scott Duniway, called 
Captain Gray s Company. The Statesman was first published on a power 
press, May 17, 1859. After this printing improved rapidly, and newspapers 
multiplied. The first daily Statesman was published July 20, 1864. 

18 The other candidates before the convention were J. K. Kelly, S. F. 
Chadwick, John Adair, and J. H. Reed. Or. Statesman, April 24, 1860. 
HIST. OB., VOL. II. 29 



450 POLITICS AND PATRIOTISM. 

spoke E. D. Baker, 19 a prominent politician, who came 
from California, where his star was not propitious, to 
Oregon, where he hoped to have a finger in the new 
politics. He made many speeches during the summer 
campaign, Logan being again the republican candi 
date for congress, the Sewarcl plank in their platform, 
however, being abandoned, rfesmith took the field 
against Shell, while Kelly, who had returned to his 
party, Smith, and Sheil himself, advocated the prin 
ciples of the southern democracy. Whatever the 
cause, there was a slight reaction from the congres 
sional campaign of 1859, and Sheil received a major 
ity over Logan of 104 votes, while the legislature 
was more solidly democratic than at the last election. 2C 

The election was not long past when the final news 
was received of the proceedings of the Charleston and 
Baltimore conventions, the secession of the extreme 
southern states, and the nomination by them of Lane 
to the vice-presidency, causing a strong revulsion of 
feeling among all of the democratic party not strongly 
pro-slavery in principle. 

Oregon was still less prepared to receive a scheme 
of government said to be entertained by the senators 
of the Pacific coast, which was to establish a slave- 
holding republic, on the plan of an aristocracy similar 
to the ancient republic of Venice, which, while pro 
viding for an elective executive, vested all power in 
hereditary nobles, 21 repudiating universal suffrage. 

19 Born in London in 1811; came to America in 1816; learned cabinet- 
making, and in 1828 went to Carrollton, 111., where he began the study of 
law. In 1832 he was major in the Black Hawk war. For ten years he was 
a member of the 111. legislature, and in 1845 of the U. S. house of represent 
atives. During that year he raised a regiment for the Mexican war and 
joined Taylor at the Rio Grande. In Dec. 1846 he returned, made a speech 
on the war in congress, after which he resigned and went back to Mexico, 
where he participated in the capture of San Juan de Ulua and the battle of 
Cerro Gordo; taking the command in that battle after the wounding of Gen. 
Shields. The state of Illinois presented him with a sword. In 1849 he was 
again elected to congress; and in 1851 he undertook some work on the Pan- 
ama railway, but was driven by the fever to Cal. in 1852, where he practised 
law and made political speeches. Or. Argus, Jan. 4, 1862. 

20 There was an increase in the poll of 1,823 since June, 1859. Or. States 
man, June 26, 1860. 

21 It was the common belief that Gwin of California was at the bottom of 



PROJECTS OF LANE AND GWIN. 451 

Labor was to be performed by a class of persons from 
any of the dark races, invited to California, and sub 
sequently reduced to slavery. Such was the bold and 
unscrupulous scheme to which Lane had lent himself, 
the discovery of which caused mingled indignation 
and alarm. The alarm was not lest the plan should 
succeed, but lest an internecine war should be forced 
upon them to prevent its success. But this was not 
all. The war debt still remained unpaid. The next 
congress would be largely republican. Oregon was 
democratic, and with such a record of having voted 
in the Charleston convention for secession how was 
the payment of that debt to be secured? It was thus 
the people reasoned, while those whose places depended 
upon the will of the administration, now openly in 
sympathy with the seceders, were deeply troubled 
what course to pursue in the approaching crisis. In 
the mean time, the republican national convention at 
Chicago had nominated to the presidency Abraham 
Lincoln, and the keenest interest was felt throughout 
the union in an election which was to decide the fate 
of the nation. For it was well understood that if the 
republicans carried the country against Douglas, as 
the Breckenridge and Lane nomination seemed to 
promise, and as it was believed to be intended, the 
south would make that a pretext for disunion. 

As soon as the full results of the Charleston, Bal 
timore, and Washington conventions became known, 
a meeting of the state democratic central committee 
was held at Eugene City, which, having a majority 
of Lane democrats, proceeded to indorse the Breck 
enridge and Lane nominations. This action alarmed 

this scheme. Should the southern states succeed in withdrawing from the 
union and setting up a southern confederacy, and could a line of slave terri 
tory be kept open from Texas to the Pacific, the Pacific coast would combine 
with the south. But in view of the probable wars in which the aggressive 
policy of the southern states was likely to involve their allies, Gwin was in 
favor of a separate empire or republic. The plan pointed out the means of 
procuring slaves, which was to invite the immigration of coolies, South Sea 
Islanders, and negroes, who were to be reduced to slavery on their arrival. 
It was the discovery of this conspiracy which gave the California senator the 
title of Duke Gwin. S. F. Times, in Or. Statesman, Dec. 10, 1860. 



452 POLITICS AND PATRIOTISM. 

the opposite faction, which called a convention to pro 
test against the indorsement, and to nominate presi 
dential electors, to be held in September. The 
convention was fully attended, indorsed the Douglas 
platform, declared the Oregon democracy loyal to the 
union of the states, denouncing secession. Anything 
so earnest and unsectional had not been enunciated 
by the Oregon democracy in all its previous history. 
Comparing their new platform with that of the repub 
licans, there was no essential difference. 2 

On the 10th of September the legislature met at 
Salem, and the preponderance of Lane men among 
the democrats caused a fusion between the Douglas 
democrats and the republicans, which gave the fusion- 
ists a majority in the house of twenty-one to fifteen. 2 * 
An attempt to organize in the senate was defeated by 
the difficulty of electing a president, the Douglas men 
having nominated Tichenor, and the Lane men Elkins, 
another Douglas democrat; and the vote standing 
seven to seven without change for the first day. On 
the morning of the second day it was discovered that 
six senators, Berry, Brown, Florence, Fitzhugh, Mon 
roe, and Mclteeney, had left Salem, and were keep- 
in^ in concealment, with the intent to defeat the 

o * 

election of United States senators, which in the then 
impending crisis was of unusual importance. The 

22 See republican state platform, in Or. Argus, Aug. 25, 1860. 

23 Senators: Clackamas and Wasco, J. K. Kelly; Mnltnomah, J. A. Will 
iams; Washington, Columbia, Clatsop, and Tillamook, Thos R. Cornelius; 
Yamhill, J. R. McBride; Polk, William Taylor; Marion, J. W. Grim, E. F. 
Colby; Linn, Luther Elkins, H. L. Brown; Lane, A. B. Florence, James 
Monroe; Benton, J. S. Mclteeney; Douglas, Solomon Fitzhugh; Umpqua, 
Coos, and Curry, William Tichenor; Josephine, D. S. Holton; Jackson, A. 
M. Berry. Representatives: Wasco, Robert Mayes; Multnomah, A. C. 
Gibbs, B. Stark; Clatsop and Tillamook, C. J. Trenchard; Columbia and 
Washington, E. Conyers; Washington, Wilson Bowlby; Clackamas, A. Hoi- 
brook, W. A. Starkweather, Wimam Eddy; Yamhill, S. M. Gilmore, M. 
Crawford; Marion, B. F. Harding, S. Parker, C. P. Crandall, R. Newell; 
Polk, Ira F. M. Butler, C. C. Cram; Linn, B. Curl, A. A. McCally, J. P. Tate, 
J. Q. A. Worth; Lane, John Duval, Joseph Bailey, R. B. Cochrane; Benton, 
H. M. Walker, R. C. Hill; Umpqua, J. W. P. Huntington; Coos and Curry, 
S. E. Morton; Douglas, J. F. Gazley, R. E. Cowles; Josephine, George T. 
Vining; Jackson, J. B. White, G. W. Keeler, J. N. T. Miller. Or. Statesman, 
June 26, 1860. In the whole body the Lane men numbered 16, anti-Lane 
men 24, republicans 10. 



A POLITICAL FIGHT. 453 

Lane faction were determined, if not able to elect 
their favorites, to prevent any election being held. 
The aspirants to the senatorship were Smith and 
Lane, democrats, Judge Williams and J. W. Nesmith, 
independents, and E. D. Baker, republican. Strong 
influences were brought to bear by the Lane demo 
crats, who besieged the lobby and had their spies at 
every street corner. 

On the 13th the senate organized without a quorum, 
Elkins being chosen president. A motion was made 
to adjourn sine die, which was defeated, and a resolu 
tion offered authorizing the president to issue war 
rants for the arrest of the absconding members, 
which was adopted. They continued, however, to 
elude the sergeant and his assailants for nine davs, 

O V 

when after an unsuccessful ballot for senators in joint 
convention, in which the Douglas democrats voted 
for Nesmith and Williams, and the republicans for 
Baker and Holbrook, the legislature adjourned sine 
die. Governor Whiteaker then made an appeal through 
the public prints to all the members of that body to 
reassemble and attend to their duty; which they finally 
did on the 24th, but it was not until the 1st of Oc 
tober that balloting 1 for senators was resumed, Deadv, 

C3 * / 

Curry, and Drew being added to the nominees. The 
contest was decreed by the Lane men to be between 
Smith and any one of the Douglas democrats on one 
side, and any two of the Douglas men on the other; 
but the democratic party in the legislature revolted 
against Smith, and rejected him on any terms. With 
equal scorn the Lane democrats rejected Nesmith, 
whom they hated, but intimated that they would vote 
for him if Smith could be elected. The Douglas men 
offered if the Lane men would give two votes for 
Nesmith to elect Curry in place of Smith, but they 
refused. On the eighteenth ballot the Douglas demo 
crats reluctantly gave up the hope of electing two dem 
ocratic senators without accepting Smith, and elected 



454 POLITICS AND PATRIOTISM. 

Nesmith and Baker, the former for the long and the 
latter for the short term. 

As soon as practicable after the reassembling of the 
legislature the house passed a bill > providing for the 
election of a representative in congress to supersede 
the unauthorized election of Sheil, but the measure 

was defeated in the senate, the Lane members voting 
. 

solidly against it. The democratic state central com 
mittee then called a meeting, with the intention of 
electing another representative in November, when 
the presidential election would occur, and nominated 
A. J. Thayer. 2 * This action caused the senate to re 
consider their opposition to a legal election bill; and 
an act was passed authorizing the governor to issue a 
writ of election to fill vacancies that might occur in 
the office of representative to congress. The law 
went into effect two days after the meeting of the 
state central committee, and the brief interval be 
tween the adjournment of the legislature and the day 
fixed for the presidential election was devoted to can 
vassing for a congressman. Nesmith and Benjamin 
Hayderi, one of the democratic presidential electors, 
took part in it, the candidates being Thayer and Sheil. 
Before the 6th of November arrived, the pony ex 
press began to bring stirring news of great republican 
victories in the northern and western states. The 
successes of the new party were almost too great to be 
believed. Even in Oregon the contagion spread until 
all other interests were swallowed therein. On the 
6th the vote was cast. Sufficient returns were in by 
the 9th to make it certain that the state had gone 
republican. 25 Not only was there a republican plural- 

24 Born in N. Y. , spent his boyhood on a farm, acquired a common Eng 
lish education, and studied and practised law, emigrating to Oregon in 1853. 
In 1855 he was appointed territorial auditor in place of J. A. Bennet, who had 
declined. Mis-reputation as a lawyer and a man was excellent. In 1870 he 
was elected to the supreme bench, and as a judge was fearless and impartial. 
His death occurred in 1873. Or. Reports, 4, xi.-xv.; Albany Democrat, May 
2, 1873; Salem Mercury, May 2, 1873- 

25 Lincoln s plurality was 270. The whole vote of the state was 14,751. 
Lincoln, 5,344; Douglas, 4,136; Breckenridge, 5,074. Bell, of the Bell and 
Everett party, had 197 votes. 



LANE IN DISGRACE. 455 

ity for president, but Shell was defeated. 26 On the 
5th of December the republican presidential electors 
T. J. Dryer, W. H. Watkins, arid B. J. Pengra met 
at Salem and cast the electoral vote for Lincoln, ap 
pointing Dryer to carry the vote to Washington. 
Thus ended the political revolution of 1860 in Oregon. 

Slowly, reluctantly, regretfully came home the 
truth to the people of Oregon that Joseph Lane was 
a secessionist; that he had offered his services and 
those of his sons to fight in battle against his govern 
ment, and against his late friends in Oregon. The 
news of the fall of Fort Sumter did not reach Ore 
gon till the 30th of April, 1861. By the same 
steamer that brought the thrilling intelligence of 
actual war came Lane back to his home in Oregon. 
What a pitiful home-coming! Hatred and insult 
greeted him from the moment he came in sight of 
these Pacific shores. At San Francisco it was so, 
and when he reached Portland, and a few personal 
friends wished to give a salute in his honor, they 
were assured that such a demonstration would not be 
permitted in that town. Even the owner of a cart 
refused to transport his luggage to the house of his 
son-in-law. It consisted of two or three stout boxes in 
which were being conveyed to southern Oregon arms 
for the equipment of the army of the Pacific repub 
lic! But this fact was not known to the cartman, 
or it might have fared worse with the ex-senator. 
Proceeding south after a few days with these arms 
in a stout wagon, but unsuspected, he was met at 
various parts of the route by demonstrations of dis 
respect. At Dallas he was hanged in effigy. A 
fortunate accident arrested him in the perpetration 
of the contemplated folly and treachery, 27 and con- 

26 The whole vote for congressman was a little over 4,000. Of these Lane 
received 5, Logan 8, Shell 131, and Thayer the remainder. 

27 Jesse Applegate testifies as follows: In crossing the Calapooya Moun 
tain with on.y his Irish teamster, by some mischance a pistol was discharged, 
wounding Lane in the arm. The Irishman, frightened lest it should be 



456 POLITICS AND PATRIOTISM. 

signed him to a life of retirement from which he 
never emerged. 28 

That a considerable class in Oregon were in favor 
of secession is undeniable. That there were some 
who would have fought for the extension of slavery 
had they been upon southern soil is undoubted. But 
there were few who cared enough for what they called 
the rights of the southern states to go to the seat of war 
and fight for them. 2 - On the other hand, there were 
many who fought for the union. 30 Party lines were 

thought that he had inflicted the wound with murderous intent, fled to the 
house of Applegate, at Yoncalla, and related what had occurred. Applegate 
at once went to Lane s relief, taking him to his house, where he remained for 
several weeks. During this visit Lane revealed to his friend the nature of 
his scheme concerning Oregon, and was dissuaded from the undertaking. 

28 For many years Lane lived alone with a single servant upon a moun 
tain farm. In 1878, to gratify his children, he removed to Roseburg, where, 
being cordially welcomed by society, the old fire was awakened, and he 
nominated himself for the state senate in 1880 at the age of 79 years. Being 
rather rudely rejected and reproved, he wept like a child. His death occurred 
in May 1881. Whatever errors he may have committed, whatever vanity he 
may have displayed concerning his own achievements, he was ever generous 
in his estimate of others, and the decline of his life was full of kindness and 
courtesy. 

a9 John Lane, son of Joseph Lane, became a colonel in the confederate 
army. Captain Thomas Jordan, for a time U. S. quartermaster at The Dalles, 
resigned to take service in the south. He was said to have accepted a colo 
nelcy in the Culpepper cavalry. Major Garnett, for several years stationed in 
Oregon and Washington, also resigned, and was commissioned brigadier by 
Jefferson Davis. John Adair of Astoria, Oregon, son of the collector and post 
master, who graduated from West Point in 1861, was commissioned lieuten 
ant of dragoons and ordered to join his regiment at Walla Walla, and after 
ward to report at Washington, instead of which he deserted, and went to 
Victoria, V. I. He was dismissed the service. Or. Statesman, Aug. 25, 1862. 
The place left vacant by John Lane at West Point was filled by Volney 
Smith, son of Delazon Smith, who failed in his examination. He was ap 
pointed a lieutenant in a New York cavalry regiment, but did not long remain 
in the service. Adolphus B. Hannah, who had been U. S. marshal in Ore- 

on, offered his services to the confederacy. J. B. Sykes, Indian agent at the 
iletz reservation, resigned and went east to serve in the rebel army. He was 
captured with a portion of Jackson s command, and sent to Columbus, Ohio. 
John K. Lamerick, once brigadier-general of the Oregon militia, went to 
Washington to dispose of his Indian war scrip, and joined the rebel army as 
a commissary. C. H. Mott, who in 1 858 was sent to Oregon to examine into 
the Indian accounts, joined the rebel army and commanded the 19th Missis 
sippi at. Bull Run. He was killed in front of Hooker s division May 5, 
1862. 

30 Notable among whom was Captain Rufus Ingalls, who came to Fort 
Vancouver in 1849. He was promoted to the rank of lieutena.nt-colonel on 
McClellan s staff, and placed in charge of the quartermaster s department at 
Yorktowii. Colonel Joseph Hooker, then living at Salem, offered his ser 
vices, and was promoted to the rank of brigadier-general. The other officers 
who had served in Oregon and were promoted to the rank of major or brigadier- 
general were Grant, Sheridan, Augur, Ord, Wright, Smith, Casey, Russell, 



THE WAR OF SECESSION". 457 

blotted out as quickly in Oregon as in New York, 
and soon there was but one party that amounted to 
anything the union party. By reason of lack of 
sympathy with the people at this juncture, Governor 
Whiteaker was requested to resign. 

The first despatches transmitted across the conti 
nent entirely by telegraph shocked the whole Pacific 
coast with the message that at the battle of Ball s 
Bluff, on the 21st of October, 1861, fell Oregon s 
republican senator, E. D. Baker. 31 The seat in the 
senate left vacant by Baker was filled by the appoint 
ment by Governor Whiteaker of Benjamin Stark, one 
of the original owners of the Portland land claim. 
Information was forwarded to Washington of the dis 
loyal sentiments of the appointee, and for two months 
the senate hesitated to admit him ; but he was finally, 
in February 1862, permitted to take the oath of office 
by a vote of twenty -six to nineteen, Senator Nesmith 

votiriQf for his admission. But the matter was not 

<D 

Reynolds, and Alvord, besides Baker and Stevens, who had received a mili 
tary education, but were not in the army. Captain Hazen, who was formerly 
stationed at Fort Yamhill, was placed in command of a volunteer infantry 
regiment at Cleveland, Ohio, in the beginning of the war. Lieutenant Lor 
raine, who was stationed at Fort Umpqua, was assigned to a new regiment 
in the field, and was wounded at Bull Run. Captain W. L. Dall of the 
steamship Columbia was appointed a lieutenant commanding in the U. S. 
navy. Roswell C. Lampson of Yamhill county, son of an immigrant of 1845, 
the first naval cadet from Oregon, and who graduated about this time, served 
in the war, and was promoted to the command of a vessel for gallant conduct 
at Fort Fisher. At the close of the war he resigned, returned to Oregon, and 
became clerk of the U. S. courts. Portland Oregonian, April 5, 1865; Port 
land Standard, April 27, 1877. James W. Lingenfelter, a native of Fonda, 
N. Y., but residing in Jacksonville, Oregon, was made captain of a volunteer 
company, and killed near Fortress Monroe, Oct. 8, 1861. John L. Boon, son 
of J. D. Boon, state treasurer, and a student at the Weslyan university, Dela 
ware, Ohio, served in an Ohio regiment, being in the battles of Shiloh and 
Corinth, in the division under General Lew Wallace. The major of the 68th 
Ohio was n former resident of Oregon, named Snooks, of the immigration 
of 1844. George Williams, son of Elijah Williams of Salem, was appointed 
2d lieut of the 4th inf., and was in the second battle of Bull Run, Antietam, 
Fredericksburg, and Gettysburg, losing a foot in the last named. Frank 
W. Thompson of Linn county was colonel of the 3d Va. volunteers -in 1863, 
and subsequently promoted. Henry Butler of Oakland, Oregon, was a mem 
ber of the 8Gth 111. volunteers; and Charles Harker of Oregon was a lieut 
in the union army. Many more would have been in the service but for the 
apprehensions entertained of the designs of disunionists on the Pacific coast. 
31 When war was declared Baker raised a regiment in Penn. His remains 
were deposited in Lone Mountain cemetery, San Francisco, and a monument 
erected to his memory. 



458 POLITICS AND PATRIOTISM. 

allowed to rest there. A committee being appointed 
to examine the evidence, Stark was finally impeached, 
but was not expelled, his term -ending with the meet 
ing of the Oregon legislative assembly in September. 
A similar leniency was exercised by congress 
towards Shell, who contested the election of Thayer. 
The latter was admitted to his seat, and occupied it 
during most of the special term of 1861, but upon the 
right to it being contested, Thaddeus Stevens main 
tained that since there was at the time no authority 
for a congressional election in Oregon, the seat was 
really vacant. The contestants being thus placed upon 
an equality as to legal rights, a preponderance was 
left of such right as might be in favor of the first man 
elected. The republicans in the house could have kept 
out Sheil by insisting upon the illegality of his elec 
tion, had not congress taken every occasion to show 
such magnanimity as could be ventured upon toward 
men of disunion predilections in the hope of conciliat 
ing the south. 

With a change of administration there was a change 
in the official list. William L. Adams of the Argus 
was appointed collector of customs at Astoria. W. 
W. Parker 3 1 became his deputy. B. J. Pengra sup 
planted W. W. Chapman as surveyor-general; T. J. 
Dryer was appointed commissioner to the Hawaiian 
Islands; Simeon Francis, paymaster in the army, with 
the rank of major; 33 W. T. Matlock, receiver of the 
land office at Oregon City; and W. K. Starkweather, 

32 A nativ^ of Vt., educated at Norwich university. In 1847 he was 
appointed mining engineer to the Lake Superior Copper Mining Company, 
but hearing that the mail steamer California was about to sail for California 
and Oregon in 1848, he took passage in her for the Pacific coast. By the 
time the steamer arrived, the gold fever was at its height, and he engaged 
in mining, at which he was successful, losing his earnings afterward by lire. 
He was one of the board of assistant alderman in San Francisco in 1851. In 
Feb. 1852 he removed to Astoria, Oregon. 

33 Francis came from Springfield, 111., to Oregon in 1859. After Lincoln s 
campaign he took charge of the Portland Oref/onian while Dryer carried the 
electoral vote to Washington. He afterward resided at Fort Vancouver. 
His death occurred at Portland in Nov. 1872, to which place military head 
quarters had be,n removed. See Portland Oregonian, Nov. 2, 1872. 



NESMITH AND STOUT. 459 

registrar of the same; W. H. Rector received the 
appointment of superintendent of Indian affairs, and 
A. L. Lovejoy the office of pension agent. 

When Nesmith first took his seat in the senate he 
had some feeling in favor of the south, and spoke 
accordingly ; but in due time his utterances became 
more moderate, and when he returned to Oregon in 
the autumn of 1861 he was well received. Stout 
represented Oregon with fidelity, industry, and abil 
ity. At his first session he introduced a bill to re 
move the obstructions in the Missouri and Columbia 
Rivers, with a view to opening a line of travel across 
the continent. He urged the protection of immi 
grants, and the restoration of the military department 
of Oregon, which was depleted by the call for troops, 
and labored for the payment of the Indian war bonds, 
the issuance of which was delayed by Secretary Chase 
until the loans necessary for the civil war had been 
negotiated. 

After issue, they sold at about ninety cents on 
the dollar, when the bond amounted to five hundred 
dollars, without a market for the smaller bonds. 
Some of the scrip exchanged for these bonds had 
been purchased at thirty, forty, and even as low as 
thirteen cents on the dollar. 



CHAPTER XIX. 

WAR AND DEVELOPMENT. 

1858-1862. 

WAR DEPARTMENTS AND COMMANDERS MILITARY ADMINISTRATION OF 
GENERAL HARNEY WALLEN S ROAD EXPEDITIONS TROUBLES WITH 
THE SHOSHONES EMIGRATION ON THE NORTHERN AND SOUTHERN 
ROUTES EXPEDITIONS OF STEEN AND SMITH CAMPAIGN AGAINST THE 
SHOSHONES SNAKE RIVER MASSACRE ACTION OF THE LEGISLATURE- 
PROTECTION OF THE SOUTHERN ROUTE DISCOVERY OF THE JOHN DAY 
AND POWDER RIVER MINES FLOODS AND COLD OF 1861-2 PROGRESS 
OF EASTERN OREGON. 

IN the summer of 1857 General Wool, who was so 
much at variance with the civil authorities on the 
Pacific coast, was removed from this department, and 
the command given to General Newman S. Clarke. 
The reader will remember that Colonel George Wright 
had been left by Wool in command at Vancouver in 
the spring of 1856. Not long after, on account of 
the hostilities of those tribes which had taken part in 
the Walla Walla treaties of 1855, Wright was re 
moved to The Dalles, and Colonel Thomas Morris 
took command at Vancouver. In the mean time two 
new posts were established north of the Columbia, 
one in the Yakinia country, and another in the Walla 
Walla Valley; and for a period of two years Wright, 
embarrassed by the policy of the commanding gener 
als, outnumbered and outwitted by the Indians, was 
engaged in a futile endeavor to subdue without fight 
ing them. The Indians being emboldened by the ap 
parent weakness of the army, in the spring of 1858 
the troops under Colonel Steptoe, while marching to 

(460) 



MILITARY DEPARTMENT. 461 

Colville, were attacked by a large force of Spokanes 
and Cceur d Aldnes, and sustained a heavy loss. 
Awakened by this demonstration of the hostile pur 
poses of the confederate tribes, Clarke prepared to in 
flict condign punishment, and in September of that 
year Wright marched a large force through their 
country, slaying and destroying as he went. This 
chastisement brought the treaty tribes into a state of 
humility. In the mean time E. R. Geary had been 
appointed superintendent of Indian affairs in Oregon 
and Washington, and in the spring of 1859, congress 
having ratified the treaties of 1855, he made arrange- 

O * O 

merits with them for their permanent settlement on 
their reservations, four in number, namely: Simcoe, 
Warm Spring, Umatilla, and Lapwai; but unfortu 
nately for the credit of the government with the Ind 
ians, no appropriation was made by congress for carry 
ing out its engagements until the following year; nor 
was any encouragement given toward treating with 
other tribes in the eastern portion of the state. 

By an order of the secretary of war of September 
13, 1858, the department of the Pacific was sub 
divided into the departments of California and Ore 
gon, the latter under the command of General W. 
S. Harney, with headquarters at Vancouver. This 
change was hailed with delight by the Oregonians, 
not only because it gave them a military department 
of their own, but because Harney s reputation as an 
Indian-fighter was great, and they hoped through him 
to put a speedy termination to the wars which had 
continuously existed for a period of five years, imped 
ing land surveys and mining, and preventing the set 
tlement of the country east of the mountains. Har 
ney arrived at Vancouver on the 29th of October, and 
two days later he issued an order opening the Walla 
W T alla Vallev, closed against settlement ever since 

\j O 

1855, to the occupation of white inhabitants. 

By this order Harney s popularity was assured. 
A joint resolution was adopted by the legislature con- 



462 WAR AND DEVELOPMENT. 

gratulating the people, and asking the general to ex 
tend his protection to the immigration, and establish 
a garrison at or near Fort Boise. 1 A considerable 
military force having been massed in the Oregon 
department for the conquest of the rebellious tribes, 2 
Harney had, when he took command, found employ 
ment for them in explorations of the country. The 
military department in 1858 built a steamboat to run 
between The Dalles and Fort Walla Walla, 3 and about 
two thousand settlers took claims in the Walla Walla 
and ITmatilla valleys during this summer. The hos 
tilities which had heretofore prevented this progress 
being now at an end, there remained only the Snake/ 
Klamath, and Modoc tribes to be either conquered or 
conciliated. Little discipline had been administered 
in this quarter, except by the three expeditions pre 
viously mentioned of Wright, Walker, and Haller. 

Harney, though more in sympathy with the peo 
ple than his predecessors, was yet like them inclined 
to discredit the power or the will of the wild tribes 

1 Clarke and Wright s Campaign, 85; Or. Laws, 1858-9, app. iii. ; Or. 
Statesman, Feb. 8, 1859. 

2 Besides the companies stationed to guard the Indian reservations in Ore 
gon in 1857, there were 3 companies of the 9th inf. at The Dalles, one of 
the 4th inf. at Vancouver, one of the 3d art. at the Cascades, 3 of the 9th 
inf. at Fort Simcoe in the Yakima country, and at Fort Walla Walla 2 com 
panies of inf., one of dragoons, and one of art. U. 8. H. Ex. Doc, 2, vol. ii. 
pt ii. 78, 35th cong. 1st sess. In the autumn of 1858 three companies of 
art. from S. F., one from Fort Umpqua, now attached to the department of 
Cal. , and an inf. co. from Fort Jones were sent into the Indian country east 
of the Cascade Mountains. Kip s Army Life, 16-18; Sac. Union, Aug. 23, 
1858. 

3 This steamer was owned by E. R. Thompson and L. Coe, and was named 
the Colonel Wright. Harney mentions in a letter to the adjutant-general 
dated April 25, 1859, that a steamboat line had been established between 
The Dalles and Walla Walla, and that in June when the water of the Col 
umbia and Snake rivers should be high, the steamer should run to the mouth 
of the Tucannon, on the latter river. U. 8. Mess, and Docs., 1859-CO, 93, 
36th cong. 1st sess.; S. F. Bulletin, April 28, May 13 and 30, and Sept. 13, 
1859. It is worthy of remark that the first steamer to ascend the Missouri 
to Fort Benton made her initial trip this year. This was the Chippewa. Id., 
Sept. 17, 1859; Or. Argus, Sept. 3, 1859. 

4 1 use the term Snake in its popular sense and for convenience. The sev 
eral bands of this tribe, the Bannacks, and the wandering Pah Utes were all 
classed as Snakes by the people who reported their acts, and as it is impossi 
ble for me to separate them, the reader will understand that by Snakes is 
meant in general the predatory bands from the region of the Snake and 
Owyhee rivers. 



W ALLEN S EXPLORATIONS. 463 

to inflict serious injury. Yet not to neglect his duty 
in keeping up an appearance of protecting miners, im 
migrants, and others, and at the same time to carry 
forward some plans of exploration which I have al 
ready hinted at, 5 toward the end of April he ordered 
into the field two companies of dragoons and infantry 
mounted, under Captain D. H. Wallen, to make a 
recormoissance of a road from The Dalles to Salt 
Lake City, connecting with the old immigrant route 
through the South Pass, and to ascertain whether 
such a road could not be constructed up the John Day 
River, thence over to the head waters of the Malheur, 
and down that stream to Snake River. 6 Wallen pro 
ceeded as directed and along the south side of Snake 
River to the crossing of the Oregon and California 
roads at Raft River, meeting on his march with none 
of the predatory bands, which, eluding him, took advan 
tage of being in his rear to make a descent upon the 
Warm Spring reservation and drive off the stock be- 

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 States territory. Among 
other roads proposed was one through the south pass to the head of Salmon 
River, down that stream to the Snake River, and thence to Fort Walla Walla, 
which was never opened owing to the roughness of the country. F. W. 
Lander made an improvement in the road from the south pass to the parting 
of the Oregon and California routes which enabled most of the immigration 
to arrive at the Columbia several weeks earlier than usual. The new route 
was called the Fort Kearney, South Pass, and Honey Lake wagon road, and 
appears to have been partially opened in 1858, or across the Wachita moun 
tains. Appended to Lander s report is a long list of names of persons en 
route for California and Oregon who passed over it in 1858 and 1859. A party 
left Fairbault, Minnesota, in July 1858, and travelled by the Saskatchewan 
route, wintering in the mountains with the snow in many places twenty feet 
deep. They experienced great hardships, but arrived at The Dalles May 1, 
1859, in good health. Their names were J. L. Houck, J. W. Jones, J. E. 
Smith, E. Hind, William Amesbury, J. Emehiser, J. Schaeffer, J. Palmer, J. 
R. Sandford. Olympia Herald, May 27, 1859. 

6 Wallen crossed the Des Chutes at the mouth of Warm Spring River, 
proceeded thence to the head of Crooked River, 160 miles, finding a good natural 
road with grass and water. He detached Lieutenant Bonny castle with part 
of his command to explore the country east of the route followed by himself, 
who travelled no farther than Harney Lake Valley, to which he probably 
gave this name in honor of the commanding general, from which point he 
turned north to the head waters of John Day River and followed it down, 
and back to The Dalles, on about the present line of the road to Canyon 
City. Harney reported that Bonnycastle brought a train of 17 ox- wagons 
from Harney Valley to The Dalles in 12 days without accident. U. 8. Mess. 
and Docs, 1859-60, 113; U. S. Sen. Doc., 34, ix. 51, 36th cong. 1st sess. 



464 WAR AND DEVELOPMENT. 

longing to the treaty Indians. 7 A. P. Dennison, the 
agent, applied to Harney for a force to guard the res 
ervation, but the general, instead of sending troops, 
ordered forty rifles with ammunition to be furnished, 
and Dennison resorted to organizing a company among 
the reservation Indians, and placing it under the com 
mand of Thomas L. Fitch, physician to the reserva 
tion, who marched up John Day River in the 
hope of recovering a hundred and fifty head of horses 
and cattle which had been stolen. His company 
killed the men belonging to two lodges, took the 
women and children prisoners, and recaptured a few 
horses, which had the effect to secure a short-lived 
immunity only. In August the Snakes made another 
raid upon the reservation, avenging the slaughter of 
their people by killing a dozen or more Indian women 
and children and threatening to burn the agency build 
ings, the white residents fleeing for their lives to The 
Dalles. The agent, who was at that place, hastened 
to the scene of attack with a company of friendly 
Indians, but not before sixteen thousand dollars worth 
of property had been stolen or destroyed. 8 It was 
only then that a small detachment of soldiers was sent 
to guard the reservation and induce the terrified Ind 
ians as well as white people to return; and a dragoon 
company was ordered to make a reconnoissance along 
the base of the Blue Mountains, to recover if possi 
ble the property carried off, returning, however, emp 
ty-handed; and it was not without reason that the 
old complaint of the Indian department was reiter 
ated, that the military department would not trouble 
itself with the Indians unless it were given exclusive 
control. 

7 Though Wallen met with no hostile savages in his march to Camp Floyd, 
he found no less than three commands in the field from that post pursuing Ind 
ians who had attacked the immigration on the California road. He mentions 
the names of a few persons killed in 1859, S. F. Shephard, W. F. Shephard, 
W. C. Riggs, and C. Rains. Olympia Herald, Sept. 16, 1859. E. C. Hall 
and Mr and Mrs Wright are mentioned as having been attacked. Hall was 
killed and the others wounded. 

*Ind. Aff. Re.pt, 1859, 389. Indemnity was claimed for the losses of pri 
vate persons and the Indians. 



IMMIGRATION. 465 

From a combination of causes, the chief of which 
was the agitation of the question of slavery, the immi 
gration of 1859 was larger than any which had pre 
ceded it for a number of years. 9 Owing to the care 
taken by Captain Wallen to insure the safe passage 
of the trains, all escaped attack except one company, 
which against his advice turned off the main route to 

o 

try that up the Malheur, and which w r as driven back 
with a loss of one man severely wounded, and four 
wagons abandoned. 10 Major Reynolds of the 3d 
artillery from Camp Floyd for Vancouver, with one 
hundred men and eight field-pieces, escorted the 
advance of the immigration, and Wallen remained to 

o 7 

bring up the rear, sending sixty dragoons four days 
travel back along the road to succor some belated and 
famishing people. 11 

In the spring of 1860 General Harney ordered two 
expeditions into the country traversed by predatory 
Snakes, not with the purpose of fighting them, as 
Wallen s inarch through their country had been 
uninterrupted, but to continue the exploration of a 
road to Salt Lake from Harney Lake, where Wallen s 
exploration in that direction had ceased; and also to 
explore from Crooked River westward to the head 
waters of the Willamette River, and into the valley 
by the middle immigrant route first opened by 
authority of the legislature in 1853. 

This joint expedition was under the command of 
Major E. Steen, who was to take the westward march 

9 Horace Greeley estimated that 30,000 people and 100,000 cattle were en 
route to California. This estimate was not too large, and instead of all go 
ing to California about one third went to Oregon, many of them settling in 
Walla Walla Valley at least 8DD. About 23 families settled in the Yakima 
Valley, 33 families on the Clickifcat, and others in every direction. Some 
settled in the Grande Konde and south of the Columbia, but not so many as 
in the following years. Olympia Pioneer and Democrat, Sept. 30, 1859; Or. 
Argu* , Oct. 15, 1859. 

10 Dalles Journal, in Or. Argus, Sept. 24, 1859; Portland Oregonian, Oct. 
15, 1859. 

11 See letter in Olymina P. S. Herald, Sept. 16, 1859. Colonel Wright 
sent forward from Fort Walla Walla to meet the later trains which were des 
titute of provisions 250 sacks of flour, 50 barrels of pork, and other necessaries. 
Or. Statesman, Sept. C, 1859. 
HISI. OB., VOL. II. 30 



466 WAR AND DEVELOPMENT. 

from Crooked River, while Captain A. J. Smith was 
to proceed southward and eastward to the City of 
Hocks. About six weeks after Smith and Steen had 
set out from The Dalles, news was received that the 
hostile bands, so far from hiding from the sight of 
two dragoon companies, had attacked Smith after his 
parting with Steen, when he was within twenty miles 
of the Owyhee; and that he had been no more than 
able to protect the government property in his charge. 
It being unsafe to divide his command to explore in. 
advance of the train, he was compelled to retreat to 
Harney Lake Valley and send an express after Steen, 
who turned back and rejoined him on the head waters 
of Crooked River. 12 Accompanying, or rather over 
taking, Steen s expedition on Crooked River was a 
party of four white men and five Indians escorting 
Superintendent Geary and G. H. Abbott, agent at 
Warm Springs, upon a search after some chiefs with 
whom they could confer regarding a treaty, or at least 
a cessation of hostilities. Without the prestige of 
numbers, presents, or display of any kind, Geary was 
pushing his way into the heart of a hostile wilderness, 
under the shadow of the military wing which, so far 
from being extended for his protection, completely 
ignored his presence. 13 

During Geary s stay at Steen s camp, on the 15th 
of July two refugees from a party of prospectors 
which had been attacked by the Indians came in 
and reported the wounding of one man, the loss of 
seventy horses, and the scattering of their company, 

12 Rept of Captain Smith, in U. S. Sen. Doc., i. 119, 36th cong. 2d sess.; 
Sac. Union, July 20, 1860; 8. F. Alta, July 13, 1860. 

13 In the reports of military and Indian departments there is found a 
mutual concealment of facts, no mention being made by Steen of the presence 
of the head of the Indian department of Oregon and Washington at his camp, 
in his communication to his superiors; nor did Geary in his report confess 
that he had been disdainfully treated by the few savages to whom he had an 
opportunity of offering the friendship of the United States government, as 
well as by the army. To his interpreter they replied that powder and ball 
were the only gifts that they desired or would accept from white men. /?W*. 
Aff. Rept, 1860, 174-5; Dalies Mountaineer, in Or. Statesman, July 10, 1860j 
Olympia Pioneer and Democrat, July 20, I860, 



STEEN S EXPEDITION". 467 

which had fled into Harney Lake Valley after being 
attacked a second time. This incident, with the gen 
eral hopelessness of his errand, caused Geary to re 
turn to The Dalles, while an express was sent for 
ward to warn Smith, then two days on his march 
toward the City of Rocks. Steen also moved his 
camp to Harney Lake to be within communicating 
distance in case Smith should be attacked, and he 
spent two days looking for Indians without finding 
any. A few days later Smith was attacked, as above 
related. 

In the mean time Harney had been summoned to 
"Washington city on business reputed to be connected 
with the war debt of Oregon and Washington territo 
ries, and Colonel Wright was placed in command of the 
department of Oregon. On hearing of the interrup 
tion of the explorations, Wright at once ordered 
three companies of artillery under Major George P. 
Andrews to march to the assistance of the explorers, 
while a squadron of dragoons under Major Grier was 
directed to move along the road toward Fort Boise 
to guard the immigrant road, and be within com 
manding distance of Steen, who it was supposed 
would also be upon the road in a few weeks. 

When Steen had been reenforced by the artillery 
companies, he marched on the 4th of August toward 
a range of snow mountains east of Harney Lake, ex 
tending for some distance southward, near which he 
believed the Indians would be found, taking with him 
a hundred dragoons and sixty-five artillerymen. The 
remainder of the command under Major Andrews 
moved eastward to a camp near the Owyhee to await 
orders. Major Grier being on the road to Boise with 
his dragoons, looking out for the immigration, Steen 
hoped to catch the Indians and drive them upon one 
or the other of these divisions. Attached to Steen s 
division was a small company of scouts from the 
Warm Spring reservation, who on the fourth day 



468 WAR AND DEVELOPMENT. 

discovered signs of the enemy on the north slope of 
a hiodi butte, which now bears the name of Steen 

O 

Mountain, and on the morning of the 8th a small 
party of Indians was surprised and fled to the very 
top of this butte to the region of perpetual snow, 
hotly pursued by the troops. Arrived at the sum 
mit, the descent on the south side down which the 
Indians plunged, looked impassable; but, with more 
zeal than caution, Steen pursued, taking his whole 
command, dragoons and artillerv, down a descent of 

O / 

six thousand feet, through a narrow and dangerous 
cafion, with the loss of but one mule. The country 
about the mountain was then thoroughly recon 
noitred for three days, during which the scouts 
brought in three Indian men and a few women and 
children as prisoners. 

On the 16th the command returned to camp, after 
which Smith made a forced march of a hundred miles 
on a supposed trail without coming upon the enemy. 
Steen then determined to abandon the road survey 
and return to The Dalles. Dividing the troops into 
three columns twenty miles apart, they were marched 
to the Columbia River without encountering any 
Indians on either route. Early in September the 
companies were distributed to their several posts. 14 
Yet the troops were not more than well settled in 
garrisons before the Snakes made a descent on the 
Warm Spring reservation, and drove off all the stock 
thev had not before secured. When there was nothing 
left to steal, twenty dragoons under Lieutenant Gregg 
were quartered at the reservation to be ready to repel 
any further attacks. 15 

Colonel Wright reported to headquarters, Septem 
ber 20th, that the "routes of immigration were ren 
dered perfectly safe " by the operations of troops during 

14 U. S. Sen. Doc. 1, vol. ii. 131, 36th cong. 2d sess.; Olympia Pioneer 
and Democrat, Sept. 14, 1860. 

15 Ind. A/. Rept, 1860, 176; 1861, 156; Pugct Sound Herald, Oct. 26, 1860. 



MASSACRE ON SNAKE RIVER. 469 

the summer; that nothing more needed to be done or 
could be done, with regard to the Shoshones, before 
spring, when the superintendent would essay a treaty 
at Salmon River, which would serve every purpose; 1 
but urged the construction of a fort at Boise, which had 
already been directed by the secretary of war, delayed, 
however, for reasons connected with the threatening 
aspect of affairs in the southern states. Major Grier s 
command, which had taken the road to Boise to look 
after the immigration, returned to Walla Walla in Sep 
tember. 

The troops were no sooner comfortably garrisoned 
than the local Indian agent at the Umatilla, Byron 
N. Davis, notified the commander at Fort Walla 
Walla that a massacre had taken place three weeks 
previous on Snake River, between Salmon Falls and 
Fort Boise, wherein about fifty persons had been 
killed, or scattered over the wilderness to perish by 
starvation. Davis also reported that he had imme 
diately despatched two men with a horse-load of pro 
visions to hasten forward to meet any possible surviv 
ors; and at the same time a loaded wagon drawn by 
oxen, this beinsf the best that he could do with the 

* o 

means at his command. As soon as the disaster be 
came known to the military authorities, Captain Dent 
with one hundred mounted men was ordered to pro 
ceed rapidly along the road and afford such assistance 
as was required by the sufferers, and if possible to 
punish the Indians. At the same time it was thought 
that the report brought in by the three known sur 
vivors might be exaggerated. 17 

The story of the ill-fated party is one of the most 
terrible of the many terrible experiences of travellers 
across the Snake River plains. On the 13th of Sep 
tember, between nine and ten o clock in the morning, 
a train of eight wagons and fifty-four persons was 

36 U. S. Seii. Doc. 1, vol. ii. p. 136, 1860-61, 36th cong. 2d sess. 
17 Report of Colonel Wright, in U. S. Sen. Doc. 1, vol. ii. p. 141, 1860-1, 
36th conor. 2d sess. 



470 WAR AND DEVELOPMENT. 

attacked by Indians about one hundred in number. 
An escort of twenty -two dragoons had travelled with 
this company six days west of Fort Hall, where Colo 
nel Howe was stationed with several companies of 
troops for the purpose of protecting the immigration 
to California and Oregon. Thinking the California 
road more dangerous, and aware that there were or 

O 

had been troops from the Oregon department in the 
neighborhood of Boise, Colonel Howe deemed further 

O 

escort unnecessary, and the train proceeded for two 
weeks before meeting with any hostile Indians. 

On the morning named they appeared in force, sur 
rounding the train, yelling like demons, as the emi 
grants thought with the design of stampeding their 
cattle, which they accordingly quickly corralled, at 
the same time preparing to defend themselves. See 
ing this, the savages made signs of friendship, and 
of being hungry, by which means they obtained leave 
to approach near enough to receive presents of food. 
They then allowed the emigrants to pass on, but 
when the wagons had gained a high point which ex 
posed them to attack, a fire was opened on the train 
with rifles and arrows from the cover of the artemisia. 
Again the company halted and secured their cattle. 
But before this was accomplished three men were 
shot down. A battle now took place, which lasted 
the remainder of the day, and in which several Ind 
ians were seen to fall. The firing of the savages was 
badly directed, and did little harm except to annoy 
the horses and cattle, already irritable for want of 
food and water. All night the Indians fired random 
shots, and on the morning of the second day recom 
menced the battle, which continued until the second 
night, another man being killed. Toward sunset the 
company agreed upon leaving four of their wagons 
for booty to the Indians, hoping in this way to divert 
their attention long enough to escape with the other 
four. They accordingly started on with half the 
train, leaving half behind. But the savages paid no 



SUFFERINGS OF THE IMMIGRANTS. 471 

heed to the abandoned property, following and attack 
ing the emigrants with fresh activity. The men 
labored to hasten their cattle, but in spite of all their 
efforts the hungry creatures would stop to snatch a 
mouthful of food. With the company were four 
young men, discharged soldiers from Fort Hall, well 
armed with rifles and revolvers belonging to the com 
pany, and mounted on good horses, who were to ride 
in advance to keep the way open. Instead of doing 
their duty, they fled with the horses and arms. 15 Two 
other men, brothers named Reith, succeeded in reach 
ing Umatilla the 2d of October, by whose report, as 
well as the story of the other surviving fugitives, the 
massacre became known. 

Finding it impossible to drive the famished cattle, 
and seeing that in a short time they must fall victims 
to the savages, the ill-fated emigrants determined to 
abandon the remainder of the loaded wagons and the 
cattle, and if possible save their lives. The moment, 
however, that they were away from the protection 
of the wagons, two persons, John Myers and Susan 
Utter, were shot dead. Mr Utter, father of the 
young woman, then made signs of peace, but was 
shot while proposing a treaty. Mrs Utter refused to 
quit her dead husband, and with three of her children, 
a boy and two girls, was soon despatched by the 



savages. 



Eleven persons had now been killed, six others had 
left the train, and there remained thirty-seven men, 
women, and children. They were too hard pressed to 
secure even a little food, and with one loaf of bread 
hastily snatched by Mrs Chase, fled, under cover of 

v / 

the darkness, out into the wilderness to go- -they 
knew not whither. By walking all night and hiding 
under the bank of the river during the day they 
eluded the Indians. The men had some fish-hooks, 

8 These men were named Snyder, Mrrdoch, Chambourg, and Chaffey. 
Snyder and Chaffey escaped and reported the other two as killed. Account 
of Joseph Myers, in Olympia Standard, Nov. 30, 1800; see also Sac. Union, 
Oct. 10, 1800. 



472 WAR AND DEVELOPMENT. 

the women some thread, which furnished lines for 
fishing, by which means they kept from starving. 
As the bowlings of the Indians could still be heard, 
no travel was attempted except at night. After go 
ing about seventy miles, the men became too weak 
from famine to carry the young children. Still they 
had not been entirely without food, since two dogs 
that had followed them had been killed and eaten. 

After crossing Snake River near Fort Boise they 
lost the road, and being unable to travel, encamped 
on the Owyhee River. Just before reaching this 
their final camp, a poor cow was discovered, which 
the earlier emigration had abandoned, whose flesh 
mixed with the berries of the wild rose furnished 
scanty subsistence, eked out by a few salmon pur 
chased of some Indians encamped on the Snake River 
in exchange for articles of clothing and ammunition. 
The members of the party now awaiting their doom, 
in the shelter of the wigwams on the banks of the 
Owyhee, were Alexis Vanorman, Mrs Vanorman, 
Mark Vanorman, Mr and Mrs Chase, Daniel and 
Albert Chase, Elizabeth and Susan Trimble, Samuel 
Gleason, Charles and Henry Utter, an infant child 
of the murdered Mrs Utter, Joseph Myers, Mrs 
Myers, and five young children, Christopher Trimble, 
several children of Mr Chase, 19 and several of Mr 
Vanorman s. 

Before encamping it had been determined to send an 
express to the settlements. An old man named Mun- 
son, and a boy of eleven, Christopher Trimble, were 
selected to go. On reaching Burnt River they found 
the Reith brothers and Chaffey, one of the deserting 
soldiers. They had mistaken their way and wandered 

9 These are all the names mentioned by Myers in his account of the 
sojourn on the Owyhee; but there are other names given by the Reith broth 
ers who first arrived at Umatiila. These were William Anttly, a soldier 
fiom Fort Hall; A. Market-man, wife and five children; an old man named 
Civilian G. Munson; and Charles Kesner, a soldier from Fort Hall. U. > . 
Sen. Doc. 1, vol. ii. 143, 1SOO-G1, 3Gth cong. 2d sess. Munson was among 
the rescued; all the others must have been killed in flight. Myers of course 
could not see all that was transpiring in the moment of greatest emergency. 



STARVATION. 473 

in the wilderness, having just returned to the road. 
Munson went on with these four men, two of whom 
succumbed before reaching any settlement, and young 
Trimble returned to the Owyhee to encourage the 
others in the hope that help might come. They 
therefore made what effort they could to keep them 
selves alive with frogs caught along the river. 

During the first fortnight the Indians made several 
visits to the camp of the emigrants, and carried away 
their guns. A considerable quantity of clothing had 
been disposed of for food, and as there was nothing to 
replace it,- and the nights were cold, there was an in 
crease of suffering from that cause. The Indians 
took away also by force the blankets which the fleeing 
men and women had seized. Alarmed lest another 
day they might strip him of all his clothing, and end 
by killing him, Vanorman set out with his wife and 
children, five in number, Samuel Gleason, arid Charles 
and Henry Utter, to go forward on the road, hoping 
the sooner to meet a relief party. As it afterward 
appeared, they reached Burnt River, where all their 
bodies were subsequently discovered, except those of 
the four younger children, who, it was thought, were 
taken into captivity. 20 They had been murdered by 
the savages, and Mrs Vanorman scalped. 

Not long after the departure from camp of this 
unfortunate party, Mr Chase died from eating sal 
mon, which he was too weak to digest. A few days 
later, Elizabeth Trimble died of starvation, followed 
shortly by her sister Susan. Then died Daniel and 
Albert Chase, also of famine. For about two weeks 
previous, the Indians had ceased to bring in food, or, 

Eagle-f rom-tlie-Light, a Nez Perc6, bad just returned from the Snake 
country, and there came with him four Snake Indians, who informed Agent 
Cain that they knew of four children, members of that unfortunate party, 
that were yet alive. Arrangements were made with them by which they 
agree to bring them in, and accordingly have left their squaws, and returned 
to their country for that purpose. Letter from Walla Walla, in Or. Arynv, 
Dec. 22, 1800. The Indians who went after the children, one of whom was 
a jrl of thirteen, returned on account of snow in the mountains. They were 
heard of within J 50 miles of the Flathead agency, and were sent for by Mr 
Owen, agent at that place, but were never found. 



474 WAR AND DEVELOPMENT. 

indeed, to show themselves, and thus helped on the 
catastrophe, the indirect cause of which was their 
dread of soldiers. Young Trimble had been in the 
habit of visiting the Indian camp before mentioned, 
and one day on returning to the immigrant camp 
brought with him some Indians having salmon to sell. 
As Trimble was about to accompany them back to 
their village, he was asked by Myers to describe the 
trail, "for," said he, "if the soldiers come to our relief 
we shall want to send for you." It was an unfortu 
nate utterance. At the word soldiers the Indians 
betrayed curiosity and fear. They never returned to 
the white camp ; but when sought they had fled, leav 
ing the body of the boy, whom they murdered, to the 
wolves. 

At length, in their awful extremity, the living were 
compelled to eat the bodies of the dead. This deter 
mination, says Myers, was unanimous, and was arrived 
at after consultation and prayer. The bodies of four 
children were first consumed, and eaten of sparingly, 
to make the hated food last as long as it might. But 
the time came when the body of Mr Chase was ex 
humed and prepared for eating. Before it had been 
tasted, succor arrived, the relief parties of the Indian 
agency and Captain Dent reaching the Owyhee, forty- 
five days after the attack on Snake River. When 
the troops came into this camp of misery, they threw 
themselves down on their faces and wept, and thought 
it a cruelty that Captain Dent would not permit them 
to scatter food without stint among the half-naked 
living skeletons stretched upon the ground, or that 
he should resist the cries of the wailing and emaci 
ated children. 

The family of Myers, Mrs Chase and one child, and 
Miss Trimble were all left alive at the camp on the 
Owyhee. Munson and Chaffey were also rescued, 
making twelve brought in by the troops. These with 
the three men who first reached the Columbia River 
were all that survived of a company of fifty-four per- 



ACTION OF THE LEGISLATURE. 475 

sons. Thirty-nine lives had been lost, a large amount of 
property wasted, and indescribable suffering endured 
for six weeks. When Captain Dent arrived with 
the rescued survivors at the Blue Mountains, they 
were already covered with snow, which a little later 
would have prevented his return. 21 

The Oregon legislature being in session when news of 
the Snake River massacre reached the Willamette 
Valley, Governor Whiteaker, in a special message, 
suggested that they memorialize the president, the 
secretary of \var, and the commander of the depart 
ment of Oregon, on the necessity for greater security 
of the immigration between forts Hall and Walla 
Walla. He reminded them that they had just passed 
through an Indian war from which the country was 
greatly depressed, and left it with the legislature 
to determine whether the state should undertake to 
chastise the Indians, or whether that duty should be 
left to the army. 22 Acting upon the governor s sug 
gestion, a memorial was addressed to congress, asking 
for a temporary post at the Grand Rond, with a com 
mand of twenty-five men ; another with a like command 
on Burnt River; and a permanent post at Boise of 
not less than one company. These posts could be 
supplied from Walla Walla, which, since the opening 
of the country to settlement, had become a flourishing 
centre of business. 23 The troops at the two tempo 
rary posts of Grande Ronde and Burnt River could 

21 Washington Standard, Nov. 30, 1860; Or. Statesman, Nov. 26, 1860; 
Portland Advertiser, Nov. 7, I860; 1 lay s Scraps, v. 191; Or. Argus, INOV. 
2i, I860; Oli/mpia Pioneer and Democrat, Oct. 19, 1860; Ind. Aff. Kept, 
361, 155; U. S. II. Ex. Doc. 40, vol. viii., 36th cong. 2d sess. ; Cong. Globe, 
1860-61, part ii. p. 1324-5; Or. Jour. Senate, 1860, 63; Special Mrxsaye of 
G,v. Whiteaker, in Or. Statesman, Oct. 15, 1860; 8. F. Bulletin, Nov. 14 
and 23, 1860. 

* Or. Statesman, Oct. 15, 1860. 

3 The beneficial results of the military post at Walla Walla, erected by 
order of General Wool in 1857, had been great. Where but recently the 
bones of our countrymen were bleaching on the ground, now all is quiet and 
our citizens are living in peace, cultivating the soil, and this year have har 
vested thousands of bushels of grain, vegetables are produced in abundance, 
mills have been erected, a village has sprung up, shops and stores have been 
opened, and civilization has accomplished wonderful results by the wise policy 
of the government. Memorial to Cong., Or. Lawn, 1860, ap. 2. 



476 WAR AND DEVELOPMENT. 

return to Fort Walla Walla to winter, and remain in 
garrison from November till May. Another perma 
nent post at or near the Great Falls of Snake River, 
garrisoned by at least one full company, was asked 

for, where also an Indian agfent should be stationed. 

. . 

This post it was believed would hold in check not 
only the Indians, but lawless white men, fugitives 
from justice, who consorted with them, and could be 
supplied from Fort Hall. 

The same memorial urged that treaties should be 
made with all the Indians of Oregon, removing them 
to reservations; and asked for military posts at Warm 
Springs and Klamath Lake. In connection with 
these military establishments, the legislature recom 
mended the construction of a military road from the 
foot of the Cascades of the Columbia to Fort Walla 
Walla, which should be passable when the Columbia 
was obstructed by ice. In a briefer memorial the 
secretary of war was informed of the want of military 
protection on the routes of immigration, and asked to 
establish three posts within the eastern borders of 
Oregon; namely, a four-company post at Fort Boise; 
a two-company post on the Malheur River, for the pur 
pose of protecting the new immigrant trail from Boise 
to Eugene City; and a one-company post somewhere 
on Snake River between forts Boise and Walla 
Walla. This memorial also asked that a military 

t- 

road be constructed on the trail leading from Eugene 

o o 

City to Boise. 24 

The Umpqua district being attached to the depart 
ment of California, it devolved on General Clarke in 
command to look after the southern route to Oregon. 
This he did by ordering Lieutenant A. Piper of the 
3d artillery, stationed at Fort Umpqua, to take the 

24 The committee that prepared this memorial evidently was under the 
impression that Steen had completed a reconnoissance of the middle route, 
which was not the case, his time being chielly spent, as Wright expressed it, 
in pursuing an invisible foe. Steen s report was published by congress. 
See Cong. Globe, 1860-1, partii., 14,37. 



SUCCESS OF THE SNAKES. 477 

field in southern Oregon with one company June 27th, 
and proceed to the Klamath Lake country to quiet 
disturbances there, occasioned by the generally hostile 
attitude of the Indians of northern California, Ne 
vada, and southern Oregon at this time. Piper en 
camped at a point seventy-five miles west of Jack 
sonville, which he called Camp Day. In September 
a train of thirty-two wagons arrived there, which 
had escaped with no further molestation than the loss 
of some stock. Another train being behind, and it 
becoming known that a hundred Snake Indians were 
in the vicinity of Klamath Lake, under a chief named 
Howlack, sixty-five men were sent forward to their 
protection. They thus escaped evils intended for 
them, but which fell on others. 

Successes such as had attended the hostile move 
ments of the Snake Indians during the years of 
1859-60 were likely to transform them from a cow 
ardly and thieving into a warlike and murderous foe. 
The property obtained by them in that time amounted 
to many thousands of dollars, and being in arms, am 
munition, horses, and cattle, placed them upon a war 
footing, which with their nomadic habits and knowl 
edge of the country rendered them no despicable 
foe, as the officers and troops of the United States 
were yet to be compelled to acknowledge. 2 



25 



25 In the summer of 1858 G. H. Abbott, Indian agent, went into the Ind 
ian country, afterward known to militaiy men as the Lake District, with a 
view to make treaties with the Snakes, Bannocks, Klamaths, and Modocs, 
the only tribes capable of making war, who had neither been conquered nor 
treated with, and selected a place for an agency north of the Klamath Lakes, 
and about 75 miles from Jacksonville in a north-easterly direction. On his 
return his party discovered the remains of five men, prospectors, who had 
been murdered, as ib was believed, by Klamaths, on the head waters of Butte 
creek, the middle fork of Rogue River. They were Eli Tedford, whose 
body was burned, Robert Probst, James Crow, S. F. Conger, and James 
Brown. lad. Aff. Rept, 1859, H91-2. A company of volunteers at once went 
in search of the murderers, three of whom, chiefly by the assistance of the 
agent, were apprehended, and whom the Klamaths voluntarily killed to pre 
vent trouble; that tribe being now desirous of standing well with the U. S. 
government. Five other renegades from the conquered tribes of the Rogue 
River mountains were not captured. In June 1859 a prospecting party from 
Lane county was attacked on the head waters of the Malheur River, and 
two of the men wounded. They escaped with a loss of $7,000 or $8,000 
worth of property. Sac. Union, July 7, 1SGO. Of the emigrants of 1859 who 



478 WAR AND DEVELOPMENT. 

The continual search for gold which had been going 
on in the Oregon territory both before and after its di 
vision 26 was being actively prosecuted at this time. An 
acquaintance with the precious metal in its native 
state having been acquired by the Oregon miners in 
California in 18489, reminded some of them that 
persons who had taken the Meek cut-off in 1845, 
while passing through the Malheur country had picked 
up an unfamiliar metal, which they had hammered out 
on a wagon-tire, and tossed into a tool-chest, but which 
was afterward lost. That metal they were now confi 
dent was gold, and men racked their brains to remember 
the identical spot where it was found; even going on 
an expedition to the Malheur in 1849 to look for it, 
but without success. 

Partial discoveries in many parts of the country 

took the southern route into the Klamath Lake valley, one small train wa3 
so completely cut off that their fate might never have been discovered but 
for the information furnished by a Klamath Indian, who related the affair to 
Abbott. The men and women were all killed at the moment of attack, and 
the children, reserved for slavery, were removed with their plunder to the 
island in Tule Lake, long famous as the refuge of the murderous Modocs. 
A few days later, seeing other emigrant trains passing, the Indians became 
apprehensive and killed their captives. Abbott made every effort to learn 
something more definite, but without success. By some of the Modocs it 
was denied; by others the crime was charged upon the Pit River Indians, 
and the actual criminals were never brought to light. In the summer of 
1858, also, that worthy Oregon pioneer, Felix Scott, and seven others had been 
cut off by the Modocs, and a la"ge amount of property captured or destroyed. 
Drew made a report on the Modocs, in Lid. Aff. Rept, 1863. 59, where he 
enumerates 112 victims of their hostility since 1852, and estimates the amount 
of property taken at not less than $300,000. 

26 As early as July 1850 two expeditions set out to explore for gold on the 
Spokane and Yakima rivers, S. F. Pac. News, July 24 and Oct. 10, 1850; 
but it was not found in quantities sufficient to cause any excitement. M. De 
Saint-Amant, an envoy of the French government, travelling in Oregon in 
1851, remarked, page 3G5 of his book, that without doubt gold existed in the 
Yakima country, and added that the Indians daily found nuggets of the pre 
cious metal. He gave the same account of the Spokane country, but I doubt 
if his knowledge was gained from any more reliable source than rumor. There 
were similar reports of the Pend d Oreille country in 1852. Zabri*kie s Lund 
Law, 823. In 1853 Captain George B. McClellan, then connected with the 
Pacific railroad survey, found traces of gold at the head-waters of the Yak 
ima River. Stevens Nurr., in Pac. R. R. Re.pt, xii. 140. In 1854 some mining 
was done on that river and also on the Weiiatchie. Or. Statesman, June 20, 
1854; S. F. Alia, June 13, 1854; and prospecting was begun on Burnt River 
in the autumn of the same year. Ebey s Journal, MS., ii. 39, 50, and also 
in the vicinity of The Dalles. S. F. Alta, Sept. 30, 1854. In 1855 there 
were discoveries near Colville, the rush to which place was interrupted by the 
Indian war. In 1857-8 followed the discoveries in British Columbia, and 
the Frazer River excitement. 



SEARCHING FOR GOLD. 479 

north of the Columbia again in 1854 induced a fresh 
search for the lost diggings, as the forgotten locality 
of the gold find in 1845 was called, which was as un 
successful as the previous one. Such was the faith, 
however, of those who had handled the stray nugget, 
that parties resumed the search for the lost diggings, 
while yet the Indians in all the eastern territory were 
hostile, and mining was forbidden by the military au 
thorities. 27 The search was stimulated by Wallen s 
report of his road expedition down the Malheur in 
1859, gold being found on that stream; and in I860 
there \vas formed in Lane county the company before 
mentioned, which was attacked by the Snakes, 28 and 
robbed of several thousand dollars worth of horses 
and supplies. In August 1861 still another company 
was organized to prosecute the search, but failed like 
the others ; and breaking up, scattered in various parts 
of the country, a small number remaining to pros 
pect on the John Day and Powder rivers, where some 
time in the autumn good diggings were discovered. 29 

27 In August 1857 James McBride, George L. Woods, Perry McCullock, 
Henry Moore, and three others, Or. Argus, Aug. 8, 1857, left The Dalles, in 
tending to go to the Malheur, but were driven back by the Snake Indians, and 
fleeing westward, crossed the Cascade Mountains near the triple peaks of the 
Three Sisters, emerging into the Willamette Valley in a famishing condition. 
Victor s Trail-making in Oregon, in Overland Monthly. In August 1858 Mc 
Bride organized a second expedition, consisting of 20 men, who after a month s 
search returned disappointed. Or. Argus, Sept. 18, 1858. Other attempts 
followed, but the exact locality of the lost diggings was never fixed. 

28 This party was led by Henry Martin, who organized another company 
the following year. 

29 There were three companies exploring in eastern Oregon in 1861; the 
one from Marion county is the one above referred to, seven men remaining 
after the departure of the principal part of the expedition. It appears that 
J. L. Adams was the actual discoverer of the John Day diggings, and one 
Marshall of the Powder River mines. The other companies were from Clack- 
amas and Lane, and each embraced about GO men. The Lane company pros 
pected the Malheur unsuccessfully. In Owen s Directory the discovery of 
the John Day mines is incorrectly attributed to Calif ornians. Portland A<!- 
vertixer, in Olympia Herald, Nov. 7, 1861; Portland Oregonian, Nov. 7, 1861; 
Sac. Union, Nov. 16, 1861; N. Y. Engineering and Mining Journal, in Port 
land 2). Herald, March 22, 1871 ; Cat. Farmer, Feb. 27, 1863. Previous to 
the announcement of the discoveries by the Oregon prospectors, E. D. Pierce 
returned to Walla Walla from an expedition of eight weeks in extent, per 
formed with a party of 20 through the country on the west side of Snake 
River, taking in the Malheur, Burnt, Powder, and Grande Ronde rivers. .He 
reported finding an extensive gold-field on these streams, with room for thou 
sands of miners, who could make from three to fifteen dollars a day each. 



30 WAR AND DEVELOPMENT. 

Two men working half a day on Powder River cleaned 
up two and a half pounds of gold-dust. One claim 
yielded 6,000 in four days; and one pan of earth con 
tained 150. These stories created the liveliest inter 
est in every part of Oregon, and led to an immediate 
rush to the new gold-fields, though it was already 
November when the discovery was made known. 

Taken in connection with the discoveries in the 
Nez Perce country, which preceded them by about a 
year and a half, these events proved that gold-fields 
extended from the southern boundary of Oregon to 
the British possessions. Already the migration to 
the Nez Perce, Oro Fino, and Salmon River mines 
had caused a great improvement in the country. It 
had excited a rapid growth in Portland and The 
Dalles, 33 and caused the organization of the Oregon 
Steam Navigation Company, 31 which in 1861 had 
Bteamboats carrying freight three times a week to 

Pierce brought specimens of silver-bearing rocks to be assayed. About forty 
persons in Oct. had taken claims in the Grande Ronde Valley, prepared to 
winter there. Portland Oregonian, Aug. 27, 1861; Or. Statesman, Oct. 21, 
1801; S. F. Bulletin, Oct. 24, 1801; Sac. Union, Nov. 4 and 10, 1861. 

30 Wasco county was assessed in 1863 $1,500,000, a gain of half a million 
since 1SG2, notwithstanding heavy losses by flood and snow. Or. Argus, 
Sept, 28, 1SG3. 

31 The James P. Flint, a small iron propeller, built in the east, was the 
first steamboat on the Columbia above the Cascades. She was hauled up 
over the rapids in 1852 to run to The Dalles, for the Bradford brothers, 
Daniel and Putnam. The Yakima war of 1855-0 gave the first real im 
pulse to steamboating on the Columbia above the Willamette. The first 
steamer built to run to the Cascades was the Belle, owned by J. C. Ainsworth 
& Co., the next the Fashion, owned by J. 0. Van Bergen. J, S. Ruckle soon 
after built the Mountain Buck. Others rapidly followed. In 1856 between 
the Cascades and The Dalles there were the Mary and the Wasco, built by 
the Bradiords. In 1857 there was no steamboat above The Dalles, and Cap 
tain Cram of the army confidently declared there never could be. I. J. 
8tever.3 contradicted this view, and a correspondence ensued. Olympia Her 
ald, Dec. 24, 1858. In 1858 R. R. Thompson built a steamboat above the 
Cascades, called The Venture, which getting into the current was carried over 
t -ie falls. She was repaired, named the Umatilla, and taken to Fraser 
Kivcr. In the autumn and winter of 1858-0, R. 11. Thompson and Lawrence 
\\ . Coe built the Colonel Wright above The D dies, which in spite of Cram s 
prognostics ran to Fort Walla Walla, to Priest s Rapids, and up Snake River. 
r lhe Jlansaloe was also put on the river between the Cascades and The Dalies 
in 1858, and below the Cascades the Carrie A. Ladd. There was at this 
time a horse-railroad at the portage on the north side of the Cascades, owned 
by Bradford & Co., built in 1853. In 1858 J. 0. Van Bergen purchased the 
right of way on the south side of the Cascades, and began a tramway, like 
that on the north side, but used in connection with his steamers. Subse- 



STEAMERS ON THE COLUMBIA. 481 

The Dalles for the country beyond. Walla Walla 
had grown to be a thriving town and an outfitting 
station for miners, where horses, cattle, saddles, har- 



quently J. S. Ruckle and Henry Olmstead purchased it to complete their 
line to The Dalles. At this stage of progress a company was formed by 
Ainsworth, Ruckle, and Bradford & Co., their common property being the 
Carrie A. Ladd, Seilorita, Belle, Mountain Buck, another small steamer run 
ning to The Dalles, and five miles of horse-railroad on the north side of the 
river. The company styled itself the Union Transportation Company, and 
soon purchased the Independence and Wasco, owned by Alexander Ankeny, 
and the James P. Flint and Fashion, owned by J. 0. Van Bergen. 

As there was no law in Oregon at this time under which corporations 
could be established, the above-named company obtained from. the. legislature 
of Washington an act incorporating it under the name of the Oregon Steam 
Navigation Company. When the Oregon legislature passed a general incor 
poration act granting the same privileges enjoyed under the Washington law, 
the company was incorporated under it, and paid taxes in Oregon. In 1861 
the railroad portage on the south side of the Cascades was completed, and the 
following year the O. S. N. Co. purchased it, laying down iron rails and put 
ting on a locomotive built at the Vulcan foundery of S. F. The first train 
run over the road was on April 20, 18G3, and the same day the railroad port 
age from The Dalles to Celilo was opened. Meantime the O. S. N. Co. 
had consolidated with Thompson and Coe above The Dalles in 1861, and now 
became a powerful monopoly, controlling the navigation of the Columbia 
above the Willamette. Their charges for passage and freight were always 
as high as they would stand, this being the principle on which charges were 
regulated, rather than the cost of transportation. 

In 1863 the People s Transportation Company built the E. D. Baker to 
run to the Cascades; another, the Iris, between the Cascades and The Dalles; 
and a third, the Cayuse, above The Dalles. They lost the contract for carry 
ing the government freight, and the 0. S. N. Co. so reduced their rates as to 
leave the opposition small profits in competition. A compromise was effected 
by purchasing the property of the people s line above the Cascades, paying 
for the Cayuse and Irin in three boats running between Portland and Oregon, 
City, and $10,000; the 0. S. N. Co. to have the exclusive navigation of the 
Columbia and the people s line to confine their business to the Willamette, 
abovo Portland. In 1863 all the boats on the lower Columbia were purchased. 
In 1879 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 Missis 
sippi River steamboat. Ruckle came to Oregon in 1855, and became captain 
of Van Bergen s boat, the Fashion. Then he built a boat for himself, the 
Mountain Buck, and then the railroad portage. He was a successful projector, 
and made money in various ways. In 1864-5 he assisted George Thomas and 
others to construct a stage road over the Bine Mountains; and also engaged 
in quartz mining, developing the famous Rockfellow lode between Powder 
and Burnt rivers, which was later the Virtue mine. S. G. Reed came from 
Massachusetts to Oregon about 1851. He was keeping a small store at Rai 
nier in 1 853, 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, 
ing of fine-blooded stock on his farm in Washington county. Parker s Puget 
Sound, MS., 1; Dalles Inland Empire, Dec. 28, 1878. John H. Wolf com 
manded The Cascades; John Babbage the Julia and the Emma Hayward; 
J. McNulty the Hasvaloe and Mountain Queen. Thomas J. Stump could run 
The Dalles and the Cascades at a certain stage of water with a steamboat. 
Other steamboat men were Samuel D. Holmes, Sebastian Miller. Leonard 
HIST. OB., VOL. H. 31 



482 WAR AND DEVELOPMENT. 

ness, clothing, and provisions were required in large 
quantities and sold at high prices. Lewiston had 
also sprung up at the junction of the Clear water and 
Snake rivers, besides several mining towns in the gold- 
fields to the east. Nor were mining and cattle-rais 
ing the only industries to which eastern Oregon and 
Washington proved to be adapted. Contrary to the 
generally received notion of the nature of the soil of 
these grassy plains, the ground, wherever it was culti 
vated, raised abundant crops, and agriculture became 
at once a prominent and remunerative occupation of 
the settlers, who found in the mines a ready market. 
But down to the close of 1861, when the John Day 
and Powder River mines were discovered, the bene 
fits of the great improvements which I have men 
tioned had accrued chiefly to Washington, although 
founded with the money of Oregonians, a state of 
things which did not fail to call forth invidious com- 

o 

ment by the press of Oregon. But now it was anti 
cipated that the state was to reap a golden harvest 
from her own soil, and preparations were made in 
every part of the Pacific coast for a grand movement 
in the spring toward the new land of promise. 

Before the vivid anticipations of the gold-hunters 
could be realized a new form of calamity had come. 

White, W. P. Gray, Ephraim Baugbman of the E. D. Baker and later of 
the 0. S. N. Co. s boats above The Dalles; Josiah Myrick of the. Wilson G. 
Hunt and other boats; James Strang of the Rescue and Wenat; Joseph Kel 
logg of the Rescue, and the Kellogg; William Smith of the Wenat; William 
Turnbull of the Fannie Troup; Richard Hobson of the Josie McNear; James 
M. Gilman and Sherwood of the Annie Stewart; Gray, Felton, and Holman, 
whose names are associated with the ante-railroad days of transportation in 
Oregon. See McCracken s Early Steamboating, MS. ; Deady s Hist. Or. , MS. ; 
Deady s Scrap-book; Or. Argus, Feb. 22, 1862; Portland Oregonian, Dec. 26, 
1864, and July 31, 1865; Or. Statesman, April 7, 1862; Olympia Pioneer and 
Democrat, Sept. 10, 1858; Olympia Herald, Sept. 10, 1858; Land Of. Rapt, 
1867, 69; U. 8. Sec. War Kept, ii. 509-11, 40th cong. 2d sess.; Cong. Globe, 
1865-6, pt v. ap. 317, 39th cong. 1st sess.; Or. City Enterprise, Dec. 29, 1860; 
Dalles Mountaineer, Jan. 19, 1866; Hunting s Across America, 231, 250; 8. F. 
Bulletin, July 20, 1858; 8. F. Alta, March 4, 1862; Or. Laws, 1860, ap. 2; 
Census, 8th, 331; Ford s Road-makers, MS., 31; Or. Reports, iii. 169-70; Me- 
CormicVs Portland Directory, 1872, 30-1; Or. Deutsch Zeitung, June 21, 1879; 
Portland Standard, July 4, 1879; Astorian, July 11, 1879; Portland Ore,- 
gonian, April 20 and June 15, 1878; Richardson s Mississ., 401; Owen s Di 
rectory, 1865, 141; Bowies Northwest, 482-3. 



A DISASTROUS FLOOD. 483 

Toward the last of November a deluge of rain began, 
which, being protracted for several days, inundated 
all the valleys west of the Sierra Nevada and Cascade 
ranges, from southern California to northern Wash 
ington, destroying the accumulations of years of indus 
try. No flood approaching it in volume had been 
witnessed since the winter of 1844. All over the 
Willamette the country was covered with the wreck 
age of houses, barns, bridges, and fencing; while cattle, 
small stock, storehouses of grain, mills, and other 
property were washed away. A number of lives 
were lost, and many imperilled. In the streets of 
Salem the river ran in a current four feet deep for a 
quarter of a mile in breadth. At Oregon City all the 
mills, the breakwater, and hoisting works of the Mill 
ing and Transportation Company, the foundery, the 
Oregon Hotel, and many more structures were 
destroyed and carried away. Linn City was swept 
clean of buildings, and Canemah laid waste. Cham- 
poeg had no houses left; and so on up the river, every 
where. 32 The Umpqua River rose until it carried 
away the whole of lower Scottsburg, with all the mills 
and improvements on the main river, and the rains 
destroyed the military road on which had been 
expended fifty thousand dollars. 33 The weather con 
tinued stormy, and toward christmas the rain turned 
to snow, the cold being unusual. On the 13th of 
January there had been no overland mail from Cali 
fornia for more than six weeks, the Columbia was 
blocked with ice, which carne down from its upper 
branches, and no steamers could reach Portland from 
the ocean, while there was no communication by land 
or water with eastern Oregon and Washington; which 
state of things lasted until the 20th, when the ice in 
the Willamette and elsewhere began breaking up, and 
the cold relaxed. 

12 In the following summer the first saw-mill was erected at Gardiner. 
33 Or. Statesman, Dec. 9 and 16, 1861. The rain-fall from October to 
March was 71.60 inches. Id., May 19, 1862. 



484 WAR AND DEVELOPMENT. 

Such a season as this coming upon miners and 
travellers in the sparsely settled upper country was 
sure to occasion disaster. It strewed the plains with 
dead men, whose remains were washed down by the 
next summer s flood, and destroyed as many as twenty- 
live thousand cattle. A herder on the Tucannon 
froze to death with all the animals in his charge. 
Travellers lay down by the wayside and slept the 
sleep that is dreamless. A sad tale is told of the pio 
neers of the John Day mines, who were wintering at 
the base of the Blue mountains to be ready for the 
opening of spring, many of whom were murdered and 
their bodies eaten by the Snakes. 34 

The flood and cold of winter were followed in May 
by another flood, caused by the rapid melting of the 
large body of snow in the upper country. The water 
rose at The Dalles several feet over the principal 
streets, and the back-water from the Columbia over 
flowed the lower portion of Portland. On the 14th 
of June the river was twenty-eight feet above low- 
water mark. The damages sustained along the Co 
lumbia were estimated at more than a hundred thou 
sand dollars, although the Columbia Valley was almost 
in its wild state. Added to the losses of the winter, 
the whole country had sustained great injury. On 
the other hand, there was a prospect of rapidly re 
covering from the natural depression. The John Day 
mines were said by old California miners to be the 
richest yet discovered. This does not seem to have 
proved true as compared with Salmon River; but 
they were undoubtedly rich. By the 1st of July 
there were nearly a thousand persons mining and 
trading on the head waters of this river. New disco v- 

o 

eries were made on Granite Creek, the north branch 
of the North Fork of John Day, later in the season, 

. 

84 Of the perilous and fatal adventures of a party of express messengers 
and travellers in this region, John D. James, J. E. Jagger, Moody, Gay, Niles, 
Jeffries, Wilson, Bolton, and others, also of a party bound for the John Day 
River mines, full details are given in California Liter Pocula, this series. 



JOHN DAY AND POWDER RIVER. 485 

which yielded from twenty to fifty dollars a day. Nor 
were the mines the sole attraction of this region : the 
country itself was eagerly seized upon; almost every 
quarter-section of land along the streams was claimed 
and had a cabin erected upon it, 35 with every prepara 
tion for a permanent residence. 

About a dozen men wintered in the Powder River 
Valley, not suffering cold or annoyed by Indians. 
This valley was found to contain a large amount of 
fertile land capable of sustaining a large population. 
It was bounded by a high range of granite mountains, 
rising precipitously from the western edge of the 
basin, while on the north and south it was shut in 
by high rolling hills covered with nutritious grass. 
To the east rose a lower range of the same rolling 
hills, beyond which towered another granite ridge 
similar to that on the west. The river received its 
numerous tributaries, rising in the south and west, 
and united them in one on the north-east side of 
the valley, thus furnishing an abundance of water 
courses throughout. 

In this charming locality, where a little handful of 
miners hibernated for several months, cut off from all 
the world, in less than four months after the snow 
blockade was raised a thriving town had sprung up 
and a new county was organized, a hundred votes 
being cast at the June election, and the returns 
being made to the secretary of state as "the vote 
of Baker county. " sa The Grand Rond Valley had 
always been the admiration of travellers. A por- 

** Ebey s Journal, MS., viii. 237-8. 

36 They assumed to organize, said the Statesman of June 23, 1862, and 
named the precincts Union and Auburn, and elected officers. One precinct 
made returns properly from Wasco county. The legislative assembly in the 
following September organized the county of Baker legally by act. Sydney 
Abell was the first justice of the peace. He died in May 1863, being over 
50 years of age. He was formerly from Springfield, 111., but more recently 
from Marysville, Cal. Portland Oregonian, May 28, 1863. At the first mu 
nicipal election of Auburn Jacob Norcross was elected mayor; 0. M. Rowe 
recorder; J. J. Dooley treasurer; A. C. Lowring, D. A. Johnson, J . Lovell, 
D. M. Belknap, J. R. Totman, aldermen. Or. Statesman, Nov. 17, 1862. 
Uniatilla county was also established in 1862. 



4S6 WAR AXD DEVELOPMENT. 

tion of the immigration of 1843 had desired to settle 
here, but was prevented by its distance from 
base of supplies. Every subsequent immigration 
had looked upon it with envying eyes, but had 
been deterred by various circumstances from set 
tling in it. It was the discovery of gold, after all, 
which made it practicable to inhabit it. In the win 
ter of 1861-2 a mill ^ite had been selected, and there 
were five log houses erected all at one point for 
greater security from the incursions of the Snake 
Indians, and the embryo city was called La Grande. 
It had at this date twenty inhabitants, ten of whom 
were men. It grew rapidly for three or four years, 
being incorported in 1S64, 37 and after the first flush of 
the mining fever, settled down to steady if slow ad 
vancement. 

The pioneers of Grand Rond suffered none of those 
hardships from severe weather experienced in the John 
Day region or at Walla Walla. Only eighteen inches 
of snow fell in January, which disappeared in a few 
clays, leaving the meadows green for their cattle to 
graze on. La Grande had another advantage: ic was 
on the immigrant road, which gave it communication 
with the Columbia. Another road was being opened 

-tward fifty miles to the Snake River, on a direct 
course to the Salmon River mines; and a road was 
also opened in the previous November from the west 
ern foot of the Blue Mountains to the Grande Ronde 
Valley, which was to be extended to the Powder 
River Valley. 33 

37 Owens 1 Directory, 1863, 140; Or. Jour. House, 1864, S3. The French 
voya^eurs sometimes called the Grand Rond, La Grande Vallee, and the 
American settlers subsequently adopted the adjective as a name for their 
town, instead of the longer phrase Vtile de la Grande Vallee, which was 
meant. 

33 The last road mentioned was one stipulated for in the treaty of !">"> 
with the Cayuse and Umatilla Indians, which should be located and opened 
from Powder River or Grand Roud to the western base of the Blue Moun 
tains, south of the southern limits of the reservations. The explorations 
were made under the direction of H. G. Thornton, by order of Win H. Rector. 
The distance by this road from the base to the summit is sixteen miles; 
from the summit to Grand Rond River, eighteen miles; and down the river 
to the old emigrant road, twelve miles. It first touched the Grand Roud 



THE GRAND ROND 



4S7 



Such was the magical growth of a country four 
hundred miles from the seaboard, and but recently 
opened to settlement. In twenty years it had be 
come a rich and populous agricultural region, holding 
its mining resources as secondary to the cultivation 
of the soil. 

River about midway between Grand Rond and Powder River valley, and 
turned south to the latter from this point. Ind. Aff. Bept y 1861, 154; Port- 
Laud Oregonian* Feb. 6, 18H2. 





CHAPTER XX. 

MILITARY ORGANIZATION AND OPERATIONS. 

1861-1865. 

APPROPRIATION ASKED FOR GENERAL WRIGHT Six COMPANIES RAISED 
ATTITUDE TOWARD SECESSIONISTS FIRST OREGON CAVALRY EXPE 
DITIONS OF MAURY, DRAKE, AND CURRY FORT BOISE ESTABLISHED 
RECONNOISSANCE OF DREW TREATY WITH THE KLAMATHS AND MO- 
DOCS ACTION OF THE LEGISLATURE FIRST INFANTRY OREGON VOL 
UNTEERS. 

SOMETIME during the autumn or winter of 1860 the 
military department of Oregon was merged in that 
of the Pacific, Brigadier-general E. V. Sumner com 
manding; Colonel Wright retaining his position of 
commander of the district of Oregon and Washington. 
The regular force in the country being much reduced 
by the drafts made upon it to increase the army in 
the east, 1 Wright apologized for the abandonment of 
the country by troops at a time when Indian wars 
and disunion intrigue made them seem indispensable, 
but declared that every minor consideration must give 
way to the preservation of the union. 2 

Fearing lest the emigrant route might be left un 
protected, a call was made by the people of Walla 

1 There were only about 700 men and 19 commissioned officers left in the 
whole of Oregon and Washington in 1S61. The garrisons left were 111 men 
under Captain H. M. Black at Vancouver; 116 men under Maj. Lugenbeelat 
Colville; 127 men under Maj. Steen at Walla Walla; 41 men under Capt. 
Van Voast at Cascades; 43 men under Capt. F. T. Dent at Hoskins; 110 men 
at the two posts of Steilacoom and Camp Picket; and 54 men under Lieut- 
colonel Buchanan at The Dalles. U. S. Sen. Doc., 1, vol. ii. 32, 37th cong. 
2d sess. Even the revenue cutter Jo Lane belonging to Astoria was ordered 
to New York. Or. Argus, June 29, 1861. 

2 See letter in Or. Statesman, July 1, 1861. 

.(488) 



INDIAN TROUBLES. 489 

Walla Valley to form a company to guard the immi 
gration, a plan which was abandoned on learning that 
congress had made an appropriation asked for by the 
legislature of $50,000 for the purpose of furnishing 
an escort. 3 

Although no violent outbreaks occurred in 1861, 
both the people and the military authorities were ap 
prehensive that the Indians, learning that civil war 
existed, and seeing that the soldiery were withdrawn, 
might return to hostilities, the opportunities offered 
by the numerous small parties of miners travelling to 
and fro heightening the temptation and the danger. 4 
Some color was given to these fears by the conduct 
of the Indians on the coast reservation, who, finding 
Fort Urnpqua abandoned, raised an insurrection, took 
possession of the storehouse at the agency, and at 
tempted to return to their former country. They 
were however prevented carrying out their scheme, 
only the leaders escaping, and the guard at Fort Hos- 
kins was strengthened by a small detachment from 
Fort YamhilL Several murders having been commit 
ted in the Modoc, Pit River, and Pah Ute country, 
a company of forty men under Lindsey Applegate, 
who had been appointed special Indian agent, went 
to the protection of travellers through that region, 
and none too soon to prevent the destruction of a train 
of immigrants at Bloody Point, where they were found 
surrounded. 5 On the appearance of Applegate s com- 

3 Or. Argus, June 15, 1861; Cong. Globe, 1860-1, pt ii. 1213, 36th cong. 2d 
Bess.; Id., 1324-5; Id., app. 362. 

4 On the Barlow route to The Dalles the Tyghe Indians from the Warm 
Spring reservation murdered several travellers in the month of July. Among 
the killed were Jarvis Briggs, and his son aged 28 years, residents of Linn 
county, and pioneers of Oregon, from Terre Haute, Indiana. Or. Statesman, 
Aug. 26, 1861. The murderers of these two were apprehended and hanged. 
The Pit River Indians and Modocs killed Joseph Bailey, member elect to the 
Oregon legislature, in August, while driving a herd of 800 cattle to the Nevada 
mines. Bailey was a large and athletic man, and fought desperately for his 
life, killing several Indians after he was wounded. Samuel Evans and John 
Sims were also killed, the remainder of the party escaping. Or. Statesman, 
Aug. 19, 1861. 

b lnd. Aff. Rept, 1863, 59; Portland Oregonian, Aug. 27, 1861; 0. C. Ap 
plegate s Modoc Hist., MS., 17. Present at this ambush were some of the 
Modocs celebrated afterward in the war of 1872-3; namely, Sconchin, Scar- 
face, Black Jim, and others. 



490 MILITARY ORGANIZATION AND OPERATIONS. 

pany the Modocs retreated, and no further violence 
occurred during the season. In anticipation of simi 
lar occurrences, Colonel Wright in June 1861 made a 
requisition upon Governor Whiteaker for a cavalry 
company. It was proposed that the company be en 
listed for three years, unless sooner discharged, and 
mustered into the service of the United States, with 
the pay and according to the rules and regulations of 
the regular army, with the exception that the com 
pany should furnish its own horses, for which they 
would receive compensation for use or loss in service. 
A. P. Dennison, former Indian agent at The Dalles, 
was appointed enrolling officer; but the suspicion 
which attached to him, as well as to the governor, of 
sympathy with the rebellion, hindered the success of 
the undertaking, which finally was ordered discon 
tinued, 6 and the enlisted men were disbanded. 

In the mean time Wright was transferred to Cali 
fornia to take the command of troops in the southern 
part of that state, for the suppression of rebellion, 
while Lieutenant-colonel Albemarle Cady, of the 7th 
infantry, was assigned to the command of the district 
of Oregon. Soon after, Wright was made brigadier- 
general, and placed in command of the department of 
the Pacific. 7 As troops were withdrawn from the 

6 Or. Statesman, June 17 and Oct. 21, 1861; Or. Jour. House, 1862, app. 
22-4. 

7 He was a native of Vt, graduated from West Point in 1822, and was pro 
moted to the rank of 2d lieut in the 3d inf. in July, and to the rank of 1st 
lieut in Sept. of the same year. He served in the west, principally at Jeffer 
son Barracks, Mo., and in Indian campaigns on the frontier, until 1831, when 
he was transferred to La, with the 3d inf., occupying the position of adj. to 
that reg. until 1836, when he was promoted to a captaincy in the 8th inf. 
He served through the Florida war, and under the command of Gen. Taylor, 
fought at Palo Alto and Resaca de la Palma in Mexico, after which he was 
transferred to Scott s command. He received three brevets for gallant ser 
vices before being promoted to the rank of maj., one in the Florida war, one 
after the battles of Contreras and Churubusco, Mexico, and the last, that of 
col, after the battle of Molino del Rey. Wright came to the Pacific coast 
with the 5th inf. in 1852, holding the rank of maj., and was promoted to a 
colonelcy Feb. 3, 1855, and the following month was appointed to command 
the reg. of 9th inf., for which provision had just been made by congress. He 
went east, raised his regiment, and returned in Jan. 1856, when he was or 
dered to Or. and Wash. He remained in that military district, as we have 
seen, until the summer of 1861. In Sept. he was ordered to S. F., and soon 
after relieved Gen. Sumner in the command of the department of the Pacific, 



ENLISTING FOR THE WAR. 491 

several posts in Oregon and Washington he replaced 
them with volunteer companies from California. On 
the 28th of October 350 volunteer troops arrived at 
Vancouver and were sent to garrison forts Yamhill 
and Steilacoom. On the 20th of November five com 
panies arrived under the command of Major Curtis, 
two of which were despatched to Fort Colville, and 
two to Fort Walla Walla, one remaining at The 
Dalles. 8 

The attempt to enlist men through the state authori 
ties having failed, the war department in November 
made Thomas R. Cornelius colonel, and directed him 
to raise ten companies of cavalry for the service of 
the United States for three years; this regiment 
being, as it was supposed, a portion of the 500,000 
whose enlistment was authorized by the last congress. 
R. F. Maury was commissioned lieutenant-colonel, 
Benjamin F. Harding quartermaster, C. S. Drew 
major, and J. S. Rinearson junior major. Volun 
teers for themselves and horses were to receive thirty- 
one dollars a month, $100 bounty at the expiration of 
service, and a land warrant of 160 acres. Notwith 
standing wages on farms and in the mines were high, 
men enlisted in the hope of going east to fight. 9 Six 

being appointed brig. -gen. on the 28th Sept. He remained in command till 
18G5, when, being transferred to the reestablished Oregon department, he took 
passage on the ill-fated Brother Jonathan, which foundered near Crescent 
City July 9, 1865, when Wright, his wife, the captain of the ship, De Wolf, 
and 300 passengers were drowned. North Pacific Review, i. 216-17. 

8 S. F. AHa, Nov. 3 and 14, 1861; Sac. Union, Nov. 16 and 25, 1861. The 
officers at Walla Walla were Capt. W. T. McGruder, 1st dragoons, lieuta 
Reno and Wheeler, and surgeon Thomas A. McParlin. Capts A. Rowell and 
West, of the 4th Cal. reg., were stationed at The Dalles. Or. Statesman, 
Aug. 11 and Dec. 2, 1861. 

"Says J. A. Waymire: It was thought as soon as we should become 
disciplined, if the war should continue, we would be taken east, should there 
be no war on this coast. For my own part, I should have gone to the army 
of the Missouri but for this understanding. Historical Correspondence, MS. 
Camps were established in Jackson, Marion, and Clackamas counties. The 
first company, A, was raised in Jackson county, Capt. T. S. Harris. The 
second, B, in Marion, Capt. E. J. Harding. Company C was raised at 
Vancouver by Capt. William Kelly. D company was raised in Jackson 
county by Capt. S. Truax; company E by Capt. George B. Curry, in Wasco 
county; and company F, of the southern battalion, by Capt. William J. 
Matthews, principally in Josephine county. Captains D. P. Thompson, of 
Oregon City, and Remick Cowles, of Umrjqua county, also raised companies, 



492 MILITARY ORGANIZATION AND OPERATIONS. 

companies being fully organized, the regiment was 
ordered to Vancouver about the last of May 1862, 
where it was clothed with United States uniforms, 
and armed with old-fashioned muzzle-loading rifles, 
pistols, and sabres; after which it proceeded to The 
Dalles. 

On the 3d of June, Colonel Cornelius arrived at 
Fort Walla Walla with companies B and E, and took 
command of that post. About two weeks later the 
three southern companies followed, making a force of 
600. The necessity for some military force at home 
was not altogether unfelt. The early reverses of the 
federal army gave encouragement to secession on the 
Pacific coast. General Wright, on the 30th of April, 
1862, issued an order confiscating the property of 
rebels within the limits of his department, and mak 
ing sales or transfers of land by such persons illegal. 10 
Government officers refused to purchase forage or 
provisions from disloyal firms; and disloyal newspa 
pers were excluded from the mails. 11 

or parts of companies. Brown s Autobiography, MS., 47; Letter of Lieut Way- 
mire, in Historical Correspondence, MS.; Rhinehart s Oregon Cavalry, MS., 
1-2. 

10 A circular was issued from the land office at Washington confining grants 
of land to persons loyal to the United States, and to such only; and requir 
ing all surveyors and preemptors to take the oath of allegiance. Or. Argus, 
March 8, 1862; Or. Statesman, March 3, 1862. 

11 The Albany Democrat was excluded from the mails; also the Southern 
Oregon Gazette, the Eugene Democratic Register, and next the Albany Inquirer, 
followed by the Portland Advertiser, published by S. J. McCormick, and the 
Corvallis Union, conducted by Patrick J. Malone. W. G. T Vault started a 
secession journal at Jacksonville in November 1862, called the Oregon Intelli 
gencer. The Albany Democrat resumed publication by permission, under the 
charge of James O Meara in the early part of February 1863. In May 
O Meara revived the Eugene Register, under the name of Democratic Review. 
The Democratic State Journal at The Dalles was sold in 1863 to W. W. Ban 
croft, and changed to a union paper, in Idaho. Union journals were started 
about this time; among them The State Republican, at Eugene City, was first 
published by Shaw & Davis on the materials of the People s Press, in Jan 
uary 1862, edited by J. M. Gale, and the Union Crusader at the same place, 
by A. C. Edmonds, in October, changed in a month to The Herald of Re 
form. The first daily published in Oregon was the Portland News, April 18, 

1859; 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 Dalles was the Mountain Sentinel, a weekly journal started 
at La Grande in October 1864, by E. S. McComas. In the spring of 1865 
the Tri- Weekly Advertiser was started at Umatilla on the materials of the 
Portland Times, and the following year a democratic journal, the Columbia 



FIRST OREGON CAVALRY. 493 

The 1st Oregon cavalry remained at Walla Walla 
with little or nothing to do until the 28th of July. 
In the mean time Cornelius resigned, and Colonel 
Steinberger of the Washington regiment took com 
mand. 12 It had been designed that a portion of the 
Oregon regiment should make an expedition to meet 
and escort the immigration, and if possible to arrest 
arid punish the murderers of the immigrants in the 
autumn of 1860. General Alvord ordered Lieuten 
ant-colonel Maury, with the companies of Harris, 
Harding, and Truax, to proceed upon the errand. Vi 

The history of the 1st Oregon cavalry from 1862 
to 1865 is the history of Indian raids upon the min 
ing and new farming settlements, and of scouting and 
fighting by the several companies. Like the volun 
teers of southern Oregon, they were called upon to 
guard roads, escort trains, pursue robber bands to their 
strongholds, avenge murders, 14 and to make explora 
tions of the country, much of which was still un 
known. 

In January 1863 a call was made for six companies 
of volunteers to fill up the 1st regiment of Oregon 
cavalry, notwithstanding a very thorough militia or 
ganization had been effected under the militia law of 
1862, which gave the governor great discretionary 
power and placed several regiments at his disposal. 
The work of recruiting progressed slowly, the dis- 

Press, by J. C. Dow and T. "W. Avery. Neither continued long. Other 
ephemeral publications appeared at Salem, Portland, and elsewhere. In 
1865 Oregon had well established 9 weekly and 3 daily journals. 

12 Colonel Justin Steinberger \vas of Pierce county, Washington Territory. 
He raised 4 companies of his regiment in California, and arrived with them 
at Vancouver on the 4th of May, relieving Colonel Cady of the command of 
the district. In July Brigadier-general Alvord arrived at Vancouver to take 
command of the district of Oregon, and Steinberger repaired to Walla Walla. 
Olympia Herald, Jan. 28, March 20, April 17, 1862; Olympia Standard, 
Aug. 9, 1862; Or. Statesman, June 30, 1862. 

3 The immigration of 1862 has been placed by some writers as high as 
30,000, and probably reached 26,000. Of these 10,000 went to Oregon, 8,000 
to Utah, 8,000 to California. Olympia Standard, Oct. 11 and 25, 1862. The 
greater portion of the so-called Oregon immigration settled in the mining 
region east of the Snake River and in the valleys of Grande Ronde, Powder 
Pviver, John Day, and Walla Walla. 

14 The fate of many small parties must forever remain unknown. 



494 MILITARY ORGANIZATION AND OPERATIONS. 

engaged men of the state who had not enlisted being 
absent in the mines. One company only was raised 
during the summer, and it began to be feared that a 
draft would be resorted to, Provost Marshal J. M. 
Keeler having been sent to Oregon to make an en 
rolment. 

The situation of Oregon at this time was peculiar, 
and not without danger. The sympathy of England 
and France with the cause of the states in rebellion, 
the unsettled question of the north-western portion of 
the United States boundary, known as the San Juan 
question, the action of the French government in 
setting up an empire in Mexico, taken together with 
the fact that no forts or defences existed on the coast of 
Oregon and Washington, that there was a constantly 
increasing element of disloyalty upon the eastern and 
southern borders, as well as in its midst, which might 
at any time combine with a foreign power or with the 
Indians all contributed to a feeling of uneasiness. 

Oregon had not raised her share of troops for the 
service of the United States, and had but seven 
companies in the field, while California had nearly 
nine regiments. California had volunteers in every 
part of the Pacific States, even in the Willamette 
Valley. Troops were needed to serve on Oregon soil, 
and to protect the Oregon frontier. A post was 
needed at Boise to protect the immigration, and an 
expedition against the Snakes was required. Every 
thing was done to stimulate a military spirit. By the 
militia law, the governor, adjutant-general, and sec 
retary of state constituted a board of military audit 
ors to audit all reasonable expenses incurred by vol 
unteer companies in the service of the state. This 
board publicly offered premiums for perfection in 
drill, the test to be made at the time of holding the 
state fair at Salem. 

The war department had at length consented to 
allow posts to be established at Bois6, and at some 



NEW GOVERNMENT POSTS. 495 

point between the Klamath and Goose Lakes, near 
the southern immigrant road; and in the spring of 
1863 Major Drew, who in May was promoted to the 
rank of lieutenant-colonel of the 1st Oregon cavalry, 
sent Captain Kelly with company C to construct and 
garrison Fort Klamath. The remainder of the regi 
ment was employed in the Walla Walla and Nez 
Percd country in keeping peace between the white 
people and Indians, and in pursuing and arresting 
highwaymen, whiskey-sellers, and horse-thieves, with 
which the whole upper country was infested at this 
period of its history, and who could seldom be ar 
rested without the assistance of the cavalry, whose 
horses they kept worn down by long marches to re 
cover both private and government property. 

On the 13th of June an expedition set out, whose 
object was to find and punish the Snakes, consisting 
of companies A, D, and E, with a train of 150 pack- 
mules under Colonel Maury from the Lapwai agency. 
Following the trail to the Salmon River mines, they 
passed over a rugged country to Little Salmon River, 
and thence over a timbered mountain ridge to the 
head waters of the Payette. 15 The command then 
proceeded by easy marches to Boise River to meet 
Major Lugenbeel, who had left Walla Walla June 
10th by the immigrant road to establish a govern 
ment post on that river near the line of travel. On 
July 1st, the day before Maury s arrival, the site of 
the fort was selected about forty miles above the old 
Hudson s Bay Company s fort, and near the site of 
the present Boise City. 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 went 
east to organize it, congress having appropriated $30,000 to meet the expense; 
$10,000 of which was for the protection of emigrants by the Fort Benton and 
Mullan wagon-road route. See Cong. Globe, 1862-3, part ii. app. 182, 37th 
cong. 3d sess.; letter of J. R. McBride, in Or. Argus, May 16, 1863. 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 Salmon Falls Creek, Curry with twenty men 
made an expedition across the barren region between 
Snake River and the Goose Creek Mountains, 17 toward 
the Owyhee, through a country never before explored. 
At the same time the main command proceeded 
along to Bruneau River, on which stream, after a sep 
aration of eleven days, it was rejoined by Curry, who 
had travelled four hundred miles over a rourfi vol- 

O 

canic region." After an expedition by Lieutenant 
Waymire 19 up Bruneau River, the troops returned 
to Fort Walla Walla, where they arrived on the 26th 
of October. 

In March Maury was promoted to the colonelcy 
of the regiment, C. S. Drew to be lieutenant-colo 
nel, and S. Truax to be major. Rhinehart was made 
regimental adjutant, with the rank of captain, and 
took command of company A, Harris having re 
signed at the close of the Snake River expedition. 
Rinearson was stationed at Fort Boise to complete 
its construction. Lieutenants Caldwell, Drake, and 
Small were promoted to the rank of captain; second 
lieutenants Hopkins, Hobart, McCall, Steele, Hand, 
and Underwood to the rank of first lieutenants. Those 
who had been promoted from the ranks were Way- 
mire, Pepoon, Bowen, and James L. Curry. 

The first expedition in the field in 1864 was one 
under Lieutenant Waymire consisting of twenty-six 
men, which left The Dalles on the 1st of March, en- 

Dr Keil in Marion county several years before, upon the community system. 
Decides Hist. Or., MS., 78. 

17 The reports of the expedition and the published maps do not agree. 
The latter place the Goose Creek Mountains to the south-east. Captain 
Curry, however, travelled south-west toward a chain of mountains nearly 
parallel with the range mentioned, which on the map is not distinguished 
by a name, in which the Bruneau and Owyhee rivers take their rise. 

18 Curry says: With the exception of two camps made near the summit 
of Goose Creek Mountains, the remainder were made in fissures in the earth 
so deep that neither the pole star nor the 7-pointers could be seen. The 
whole of Curry s report of this expedition is interesting and well written. 
See Rept of Adjutant Gen. of Or., 1866, 28. 

19 Waymire, in Historical Correspondence, MS.; S. F. Evening Post, Oct. 
28, 1882. 



WAYMIRE S EXPEDITION. 497 

camping on the 17th on the south fork of John Day 
River, thirty-three miles from Canon City. This 
temporary station was called Camp Lincoln. From 
this point he pursued a band of Indian horse-thieves 
to Hamey Lake Valley, where he found before him 
in the field a party of miners under C. H. Miller. 20 
The united force continued the search, and in three 
days came upon two hundred Indians, whom they 
fought, killing some, but achieving no signal success. 
Early in June, General Alvord made a requisition 
upon Governor Gibbs for a company of forty mounted 
men, to be upon the same footing and to act as a de 
tachment of the 1st Oregon cavalry, for the purpose 
of guarding the Canon City road. The proclama 
tion was made, and Nathan Olney of The Dalles ap 
pointed recruiting officer, with the rank of 2d lieuten 
ant. The term of service required was only four 
months, or until the cavalry which was in the field 
should have returned to the forts in the neighborhood 
of the settlements and mines. The people of The 
Dalles, whose interests suffered by the frequent raids 
of the Indians, offered to make up a bounty in addition 
to the pay of the government. The company was 
raised, and left The Dalles July 19th, to patrol the 
road between The Dalles and the company of Captain 
Caldwell, which performed this duty on the south fork 
of John Day River. 

In the summer of 1864 every man of the Oregon 
cavalry was in the field. Immediately after Lieuten 
ant Waymire s expedition a larger one, consisting of 
companies D, G, and part of B, was ordered to 
Crooked River, there to establish headquarters. 
With them went twenty-five scouts from the Warm 
Spring reservation, under Donald McKay, half- 
brother of W. C. McKay. This force left The Dalles 
April 20th, under the command of Captain Drake, 

20 Joaquin Miller, author subsequently of several poetical works, stories, 
and plays. He had but lately been editor of the Democratic Register of Eu 
gene City, which was suppressed by order of Col. Wright for promulgating 
disloyal sentiments. 

HIST. OB. VOL. II. 32 



498 MILITARY ORGANIZATION AND OPERATIONS. 

being reenforced at Warm Spring by Small s com 
pany from Vancouver, and arriving at Steen s old camp 
May 17th, where a depot was made, and the place 
called Camp Maury. It was situated three miles from 
Crooked River, near its juncture with Des Chutes, in 
a small canon heavily timbered with pine, and abun 
dantly watered by cold mountain springs. The scouts 
soon discovered a camp of the enemy about fourteen 
miles to the east, who had with them a large number 
of horses. Lieutenants McCall and Watson, with 
thirty-five men and some of the Indian scouts, set out 
at ten o clock at night to surround and surprise the 
savages, but when day dawned it was discovered that 
they were strongly intrenched behind the rocks. 
McCall directed Watson to advance on the front with 
his men, while he and McKay attacked on both flanks. 
Watson executed his duty promptly, but McCall, be 
ing detained by the capture of a herd of horses, was 
diverted from the main attack. On hearing Watson s 
fire he hastened on, but finding himself in the range 
of the guns had to make a detour, which lengthened 

the delay. In the mean time the Indians concentrated 

/ 

their fire on those who first attacked, and Watson was 
shot through the heart while cheering on his men, 
two of whom were killed beside him, and five others 
wounded. The Indians made their escape. On the 
20th of May Waymire, who had relieved Watson at 
Warm Spring, was ordered to join Drake s command, 
and on the 7th of June all the companies concentrating 
at Camp Maury proceeded to Harney Valley, where 
it was intended to establish a depot, but finding the 
water in the lake brackish and the grass poor, the 
plan was abandoned. Somewhere in this region Drake 
expected to meet Curry, who with A and E compa 
nies, ten Cayuse scouts under Umhowlitz, and Colo 
nel Maury had left Walla Walla on the 28th of April, 
by way of the immigrant road for Fort Boise and the 
Owyhee, but two weeks elapsed before a junction was 
made. 



CURRY S EXPEDITION. 499 

Curry s expedition on reaching old Fort Boise was 
reenforced by Captain Barry of the 1st Washington 
infantry, with twenty-five men. A temporary depot 
was established eight miles up the Owyhee River and 
placed in charge of Barry. The cavalry marched up 
the west bank of the river to the mouth of a tribu 
tary called Martin Creek, formed by the union of 
Jordan and Sucker creeks, near which was the cross 
ing of the road from California to the Owyhee mines, 
beginning to be much travelled. 21 

On the 25th of May, Curry moved west from the 
ferry eight miles, and established a camp on a small 
stream falling into the Owyhee, which he called Gibbs 
Creek, in honor of Governor Gibbs. Here he began 
building a stone bridge and fortifications, which he 
named Camp Henderson, after the Oregon congress 
man; and Rhinehart was ordered to bring up the sup 
plies left with Barry, the distance being about one 
hundred miles between the points. When Rhinehart 
came up with the supply train he found Curry ab 
sent on an exploring expedition. Being satisfied from 
all he could learn that he was not yet in the heart of 
the country most frequented by the predatory Ind 
ians, where he desired to fix his encampment, Curry 
made an exploration of a very difficult country to the 
south-west. 22 

On this expedition, Alvord Valley, at the eastern 
base of Steen Mountain, was discovered; 23 and being 
satisfied that hereabout would be found the head- 

1 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. 

12 The report of this exploration is interesting. A peculiar feature of the 
scenery was the frequent mirage over dried-up lakes. While on this smooth 
s-.irface, he says, speaking of one on the east of Steen Mountain, the mirage 
made our little party play an amusing pantomime. Some appeared to be high 
in the air, others sliding to the right and left like weavers shuttles. Some 
of them appeared spun out to an enormous length, and the next group 
spindled up: thus a changeable, movable tableau was produced, represent 
ing everything contortions and capricious reflections could do. Report of 
Captain Curry, in Kept Adjt Gen. Or., 1866, 37-8. 

3 This statement should be qualified. Waymire discovered the valley, 
and Curry explored it. 



500 MILITARY ORGANIZATION AND OPERATIONS. 

quarters of a considerable portion of the hostile Ind 
ians, Curry determined to move the main command 
to this point, and to this end returned toward camp 
Henderson by another route, hardly less wearisome 
and destitute of water than the former one. The 
place selected for a permanent camp was between some 
rifle-pits dug in the spring by Way mire s command 
and the place where he fought the Indians, on a small 
creek coming down from the hills, which sank about 
three miles from the base of the mountains. Earth 
works were thrown up in the form of a star, to con 
stitute a fort easily defended. Through this enclosure 
ran a stream of pure water, and there was room for 
the stores and the garrison, the little post being 
called Camp Alvord. Here were left Barry s infan 
try and the disabled cavalry horses and their riders; 
and on the 22d of June Curry set out with the main 
cavalry to form a junction with Drake, somewhere in 
the vicinity of Harney Lake, which junction was 
effected on the 1st of July at Drake s camp on Rattle 
snake Creek, Harney Valley. 

For a period of thirty days captains Drake and 
Curry acted in conjunction, scouting the country in 
every direction where there seemed any prospect of 
finding Indians, and had meantime been reenforced by 
Lieutenant Noble with forty Warm Spring Indians, 
which brought the force in the field up to about four 
hundred. Small parties were kept continually mov 
ing over the country, along the base of the Blue 
Mountains, on the head waters of the John Day, and 
over toward Crooked River, as well as southward 
toward the southern immigrant trail, which was more 
especially under the protection of Colonel Drew. 
Mining and immigrant parties from California were 
frequently fallen in with, nearly every one of which 
had suffered loss of life or property, or bqth, and 
wherever it was possible the troops pursued the Ind 
ians with about the same success that the house-dog 
pursues the limber and burrowing fox. Few skir- 



INDIANS ON JORDAN CREEK. 501 

mishes were had, and not a dozen Indians killed from 
April to August. In the mean time all the stock 
was driven off from Antelope Valley, a settled re 
gion sixty-five miles east of The Dalles, and about 
the same distance west of the crossing of the south 
fork of the John Day; and nothing but a continuous 
wall of troops could prevent these incursions. 

About the 1st of August Curry, who with Drake 
had been scouting in the Malheur mountains, sepa 
rated from the latter and returned toward Camp 
Alvord. Before he reached that post he was met by 
an express from Fort Boise, with the information that 
a stock farmer on Jordan Creek, a branch of the 
Owyhee, had been murdered, and his horses and cat 
tle driven off. Twenty-one miners of the Owyhee 
district had organized and pursued the Indians eighty 
miles in a south-west direction, finding them encamped 
in a deep canon, where they were attacked. The 
Indians, being in great numbers, repulsed the miners 
with the loss of one killed 24 and two wounded. A 
second company was being organized, 160 strong, and 
Colonel Maury had taken the field with twenty-five 
men from Fort Boise. Curry pushed on to Camp 
Alvord, a distance of 350 miles, though his command 
had not rested since the 22d of June, arriving on the 
12th with his horses worn out, and 106 men out of 
134 sick with dysentery. 25 The Warm Spring Indians, 
who were constantly moving about over the country, 
brought intelligence which satisfied Curry that the 
marauding bands had gone south into Nevada. Con 
sequently on the 2d of September, the sick having 
partially recovered, the main command was put -in 
motion to follow their trail. Passing south, through 
the then new and famous mining district of Puebla 
Valley, where some prospectors were at work with a 
small quartz-mill, using sage-brush for fuel, a party 

1 M. M. Jordan, the discoverer of Jordan Creek mines, was killed. 

10 In the absence of medicines, Surgeon Cochrane s supply being exhausted, 
and himself one of the sufferers, an infusion of the root of the wild geranium, 
found in that country, proved effective. 



502 MILITARY ORGANIZATION AND OPERATIONS. 

of five Indians was captured forty miles beyond. 
Surmising that they belonged to the band which 
attacked the rancho on Jordan Creek, they would 
have been hanged but for the interference of the 
miners of Puebla, who thought they should be more 
safe if mercy were shown. Yielding to their wishes, 
the Indians, who asserted that they were Pah Utes, 
were released. But the mercy shown then was atro 
ciously rewarded, for they afterward returned and 
murdered these same miners. 26 The heat and dust of 
the alkali plains of Nevada retarding the convales 
cence of the troops, Curry proceeded no farther than 
Mud Lake, returning by easy marches on the west 
side of Steen Mountain to Camp Alvord September 
16th, breaking camp on the 26th and marching to 
Fort Walla Walla, the infantry and baggage- wagons 
being sent to Fort Boise. Curry took the route down 
the Malheur to the immigrant road, where he was met 
October 14th by an express from district headquar 
ters directing him if possible to be at The Dalles 
before the presidential election in November, fears 
being entertained that disloyal voters would make that 
the occasion of an outbreak. If anything could infuse 
new energy into the Oregon cavalry, it was a prospect 
of having to put down rebellion, and Curry was at 
Walla Walla twelve days afterward, where the com 
mand was formally dissolved, company A going into 
garrison there, the detachment of F to Lapwai, and 
company E to The Dalles, where the election proceeded 
quietly in consequence. Drake s command remained 
in the field until late in autumn, making his head 
quarters at Camp Dahlgren, on the head waters of 
Crooked River, and keeping lieutenants Wayinire, 
Noble, and others scouring the country between the 
Cascade and Blue mountains. 

While these operations were going on in eastern 
Oregon, that strip of southern country lying along 

26 Report of Captain Curry, in Rept Adjt Gen. Or., 1866, 46. 



ON THE CALIFORNIA FRONTIER. 503 

the California line between the Klamath Lakes and 
Steen Mountain "was being scoured as a separate 
district being in fact a part of the district of Califor 
nia. Toward the last of March, Colonel Drew, at 
Camp Baker in Jackson county, received orders from 
the department of the Pacific to repair to Fort Klam 
ath, as soon as the road over Cascades could be trav 
elled, and leaving there men enough to guard the 
government property, to make a reconnoissance to the 
Owyhee country, and return to Klamath post. 

The snow being still deep on the summit of the 
mountains, in May a road was opened through it for 
several miles, and on the 26th the command left Camp 
Baker, arriving at Fort Klamath on the 28th. The 
Indians being turbulent in the vicinity of the fort, it 
became necessary to remain at that post until the 
28th of June, when the expedition, consisting of thirty- 
nine enlisted men, proceeded to Williamson River, 
and thence to the Sprague River Valley, over a suc 
cession of low hills, covered for the most part with an 
open forest of pines. 27 He had proceeded no farther 
than Sprague Biver when his march was interrupted 
by news of an attack on a train from Shasta Valley 
proceeding by the way of Klamath Lake, Sprague 
Biver, and Silver Lake to the John Day Mines. 28 
Fortunately Lieutenant Davis from Fort Crook, Cal 
ifornia, with ten men came up with the train in time 
to render assistance arid prevent a massacre. The 

7 Drew s report was published in 1865, in the Jacksonville Sentinel, from 
January 28 to March 11, 1805, and also in a pamphlet of 32 pages, printed 
at Jacksonville. It is chiefly a topographical reconnoissance, and as such 
is instructive and interesting, but contains few incidents of a military char 
acter in relation to the Indians; in fact, these appear to have been purposely 
left out. But taking the explorations of Drew, which were made at some 
distance north of the southern immigrant road, in connection with those of 
Drake and Curry, it will be seen that a great amount of valuable work of a 
character usually performed by expensive government exploring expeditions 
was performed by the 1st Oregon cavalry in this and the following year. See 
Drew s Owyhee Reconnoissance, 1-32. 

8 This occurred June 23d near Silver Lake, 85 miles north of Fort Klam 
ath. The train consisted of 7 wagons and 15 men, several of whom were ac 
companied by their families. The Indians took 7 of their oxen and 3,500 
pounds of flour. John Richardson was leader of the company. Three men 
were wounded. 



504 MILITARY ORGANIZATION AND OPERATIONS. 

company fell back forty miles to a company in the 
rear, and sent word to Fort Klamath, after which 
they retreated to Sprague River, and an ambulance 
having been sent to take the wounded to the fort, 
the immigrants all determined to travel under Drew s 
protection to the Owyhee, and thence to the John 



. 

Their course was up Sprague River to its head 
waters, across the Goose Lake Mountains into Drew 
Valley, thence into Goose Lake Valley, around the 
head of the lake to a point twenty-one miles down 
its east side to an intersection with the immigrant 
road from the States near Lassen Pass, where a 
number of trains joined the expedition. Passing 
eastward from this point, Drew s route led into Fan 
dango Valley, 29 a glade a mile and a half west from 
the summit of the old immigrant pass, and thence 
over the summit of Warner Range into Surprise 
Valley, 30 passing across it and around the north end 
of Cowhead Lake, eastward over successive ranges 
of rocky ridges down a canon into Warner Valley, 
and around the south side of Warner Mountain, 31 
where he narrowly escaped attack by the redoubta 
ble chief Panina, who was deterred only by seeing the 
howitzer in the train. 32 Proceeding south-east over a 

29 So named from a dance being held there to celebrate the meeting of 
friends from California and the States. In the midst of their merriment 
they were attacked, and war s alarms quickly interrupted their festivities. 
Drew s Reconnaissance, 9. 

30 Drew says this and not the valley beyond it should have been called 
Warner Valley, the party under Capt. Lyons, which searched for Warner s 
remains, finding his bones in Surprise Valley, a few miles south of the immi 
grant road. Id., 10. 

31 Drew made a reconnoissance of this butte, which he declared for mili 
tary purposes to be unequalled, and as such it was held by the Snake Ind 
ians. A summit on a general level, with an area of more than 100 square 
miles, diversified with miniature mountains, grassy valleys, lakes and streams 
of pure water, groves of aspen, willow, and mountain mahogany, and gar 
dens of service-berries, made it a complete haven of refuge, where its pos 
sessors could repel any foe. The approach from the valley was exceed 
ingly abrupt, being in many places a solid wall. On its north side it rose 
directly from the waters of Warner Lake, which rendered it unassailable 
from that direction. Its easiest approach was from the south, by a series 
of benches; but an examination of the country at its base discovered the 

.fact that the approach used by the Indians was on the north. 

32 Panina afterward accurately described the order of inarch, and the order 



DREW S EXPLORATIONS. 505 

sterile country to Puebla Valley, the expedition 
turned northward to Camp Alvord, having lost so 
much time in escort duty that the original design of 
exploring about the head waters of the Owyhee could 
not be carried out. The last wagons reached Drew s 
camp, two miles east of Alvord, on the 31st of Au 
gust, and from this point, with a detachment of nine 
teen men, Drew proceeded to Jordan Creek Valley 
and Fort Boise, escorting the immigration to these 

O o 

points, and returning to camp September 22d, where 
he found an order requiring his immediate return to 
Fort Klamath, to be present with his command at a 
council to be held the following month with the 
Klamaths, Modocs, and Panina s band of Snake Ind 
ians. On his return march Drew avoided going 
around the south-eastern point of the Warner Moun 
tains, finding a pass through them which shortened 
his route nearly seventy miles, the road being nearly 
straight between Steen and Warner Mountains, and 
thence westward across the ridge into Goose Lake 
Valley, with a saving in distance of another forty 
miles. On rejoining his former trail he found it 
travelled by the immigration to Rogue River Valley, 
which passed down Sprague River and by the Fort 
Klamath road to Jacksonville. A line of communi 
cation was opened from that place to Owyhee and 
Boise, which was deemed well worth the labor and 
cost of the expedition, the old immigrant route be 
ing shortened between two and three hundred miles. 
The military gain was the discovery of the haunt of 
Panina and his band at Warner Mountain, and the 
discovery of the necessity for a post in Goose Lake 
Valley. 33 

Congress having at length made an appropriation 
of $20,000 for the purpose of making a treaty with 

of encamping, picketing, and guarding, with all the details of an advance 
through an enemy s country, showing that nothing escaped his observation, 
and that what was worth copying he could easily learn. 
33 Hay s Scraps, iii. 121-2. 



506 MILITARY ORGANIZATION AND OPERATIONS. 

the Indian tribes in this part of Oregon, Superintend 
ent Huntington, after a preliminary conference in Au 
gust, appointed a general council for the 9th of Octo 
ber. The council came off and lasted until the 15th, 
on which day Drew reached the council ground at the 
ford of Sprague Eiver, glad to find his services had 
not been required, and not sorry to have had nothing 
to do with the treaty there made : not because the 
treaty was not a good and just one, but from a fear 
that the government would fail to keep it. 34 

34 The treaty was made between Huntington of Oregon, A. E. Wiley, sup. 
of Cal., by his deputy, agent Logan of Warm Spring reservation, and the 
Klamaths, Modocs, and Yahooskin band of Snakes. The military present 
were a detachment of Washington infantry under Lieut. Halloran, W. C. 
McKay with 5 Indian scouts, Captain Kelly and Lieutenant Underwood 
with a detachment of company C. The Indians on the ground numbered 
1070, of whom 700 were Klamaths, over 300 Modocs, and 20 Snakes, but 
more than 1,500 were represented. Huntington estimated that there were 
not more than 2,000 Indians in the country treated for, though Drew and 
E. Steele of California made a much higher estimate. Ind. Aff. Rept, 1865, 
102. Special Agent Lindsey Applegate and McKay acted as counsellors and 
interpreters for the Indians. There was no difficulty in making a treaty with 
the Klamaths. The Modocs and Snakes \vere more reluctant, but signed the 
treaty, which they perfectly understood. It ceded all right to a tract of coun 
try extending from the 44th parallel on the north to the ridge which divides 
the Pit and McLeod rivers on the south, and from the Cascade Mountains on 
the west to the Goose Lake Mountains on the east. There was reserved a tract 
beginning on the eastern shore of Upper Klamath Lake at Point of Rocks, 
twelve miles below Williamson River, thence following up the eastern shore 
to the mouth of Wood River to a point one mile north of the bridge at Fort 
Klamath; thence due east to the ridge which divides Klamath marsh from 
Upper Klamath Lake; thence along said ridge to a point due east of the 
north end of Klamath marsh; thence due east, passing the north end of Kla 
math marsh to the summit of the mountain, the extremity of which forms the 
Point of Rocks, and along said ridge to the place of beginning. This tract 
contained, besides much country that was considered unfit for settlement, 
the Klamath marsh, which afforded a great food supply in roots and seeds, a 
large extent of fine grazing land, with enough arable land to make farms for 
all the Indians, and access to the fishery on Williamson River and the great 
or Upper Klamath Lake. The Klamath reservation, as did every Indian res 
ervation, if that on the Oregon coast was excepted, contained some of the 
choicest country and most agreeable scenery in the state. White persons, ex 
cept government officers and employe s, were by the terms of the treaty for 
bidden to reside upon the reservation, while the Indians were equally bound 
to live upon it; the right of way for public roads only being pledged. The 
U. S. agreed to pay $8,000 per annum for five years, beginning when the 
treaty should be ratified; $5,000 for the next five years, and $3,000 for the 
following five years; these sums to be expended, under the direction of the 

f resident, for the benefit of the Indians. The U. S. further agreed to pay 
35,000 for such articles as should be furnished to the Indians at the time of 
signing the treaty, and for their subsistence, clothing, and teams to begin 
farming for the first year. As soon as practicable after the ratification of the 
treaty, mills, shops, and a school-house were to be built. For fifteen years a 
superintendent of farming, a farmer, blacksmith, wagon-maker, sawyer, and 



HUNTINGTON S TREATY. 507 

Overtures had b een made to Panina, but unsuccess 
fully. He had been invited to the council, but pre 
ferred enjoying his freedom. But an unexpected 
reverse was awaiting the chief. After Superintend 
ent Huntingdon had distributed the presents provided 
for the occasion of the treaty, and deposited at the 
fort 16,000 pounds of flour to be issued to such of the 
Indians as chose to remain there during the winter, 
he set out on his return to The Dalles, as he had 
come, by the route along the eastern base of the 
Cascade Mountains. Quite unexpectedly, when in 
the neighborhood of the head waters of Des Chutes, 
he came upon two Snakes, who endeavored to escape, 
but being intercepted, were found to belong to Panina s 
band. The escort immediately encamped and sent 
out scouts in search of the camp of the chief, which 
was found after several hours, on one of the tribu 
taries of the river, containing, however, onlv three 

O H 

men, three women, and two children, who were cap 
tured and brought to camp, one of the women being 
Panina s wife. Before the superintendent could turn 
to advantage this fortunate capture, which he hoped 
might bring him into direct communication with 
Panina, the Indians made a simultaneous attempt to 
seize the guns of their captors, when they were fired 
upon, and three killed, two escaping though wounded. 
One of these died a few hours afterward, but one 
reached Panina s camp, and recovered. By this means 
the chief learned of the loss of four of his warriors 
and the captivity of his wife, who was taken with the 
other women and children to Vancouver to be held 
as hostages. 

o 

carpenter were to be furnished, and two teachers for twenty- two years. The 
U. S. might cause the land to bo surveyed in allotments, which might be 
secured to the families of the holders. The annuities of the tribe could not 
be taken for the debts of individuals. The U. S. might at any future time 
locate other Indians on the reservation, the parties to the treaty to lose no 
rights thereby. On the part of the Indians, they pledged themselves not 
to drink intoxicating liquors on pain of forfeiting their annuities; and to obey 
the la\vs of the U. S. ; the treaty to be binding when ratified. 

The first settler in the Klamath country was George Nourse, who took up 
in August 1863 the land where Linkville stands. He was notary public and 
registrar of the Linkton land district. Jacksonville Sentinel, March 8, 1873. 



508 MILITARY ORGANIZATION AND OPERATIONS. 

Not long after this event Panina presented himself 
at Fort Klamath, having received a message sent him 
from the council ground, that he would be permitted 
to come and go unharmed, and wished Captain Kelly 
of Fort Klamath to assure the superintendent that 
he was tired of war, and would willingly make peace 
could he be protected. 35 To this offer of submission, 
answer was returned that the superintendent would 
visit him the following summer with a view to mak 
ing a treaty. This closed operations against the 
Indians of southern Oregon for the vear, and afforded 

O V 

a prospect of permanent peace, so far as the country 
adjacent to the Rogue River Valley was concerned, 
a portion of which had been subject to invasions from 
the Klamath country. Even the Umpqua Valley 
had not been quite free from occasional mysterious 
visitations, from which henceforward it was to be 
delivered. 

With the close of the campaigns of the First Ore 
gon Cavalry for 1864, the term of actual service of 
the original six companies expired. They had per 
formed hard service, though not of the kind they 
would have chosen. Small was the pay, and trifling 
the reward of glory. It was known as the puritan 
regiment/ from habits of temperance and morality, 
and was largely composed of the sons of \tfell-to-do 
farmers. Out of fifty-one desertions occurring in 
three years, but three were from this class, the rest 
being recruits from the floating population of the 
country. No regiment in the regular army had stood 
the same tests so heroically. 

When the legislature met in 1864 a bounty act was 
passed to encourage future, not to reward past, volun 
teering. It gave to every soldier who should enlist 
for three years or during the war, as part of the state s 

83 A treaty was made with Panina in the following year, but badly observed 
by him, as the history of the Snake wars will show. 



NEW ENLISTMENTS. 509 

4 

quota under the laws of congress, $150 in addition to 
other bounties and pay already provided for, to be 
paid in three instalments, at the beginning and end 
of the first year, and at the end of the term of service 
either to him, or in case of his demise, to his heirs. 
For the purpose of raising a fund for this use, a tax 
was levied of one mill on the dollar upon all the tax 
able property of the state. 36 At the same time, how 
ever, an act was passed appropriating $100,000 as a 
fund out of which to pay five dollars a month addi 
tional compensation to the volunteers already in the 



service. 37 



On the day the first bill was signed Governor Gibbs 
issued a proclamation that a requisition had been 
made by the department commander for a regiment 
of infantry in addition to the volunteers then in the 
service of the United States, who were "to aid in the 
enforcement of the laws, suppress insurrection and in 
vasion, and to chastise hostile Indians" in the mili 
tary district of Oregon. Ten companies were called 
for, to be known as the 1st Infantry Oregon Volun 
teers, each company to consist of eighty- two privates 
maximum or sixty-four minimum, besides a full corps 
of regimental and staff officers. The governor in his 
proclamation made an earnest appeal to county offi 
cers to avoid a draft by vigorously prosecuting the 
business of procuring volunteers. Lieutenants com 
missions were immediately issued to men in the sev 
eral counties as recruiting officers, 33 conditional upon 
their raising their companies within a prescribed time, 
when they would be promoted to the rank of captain. 35 

86 Or. Laws, 1866, 98-110. 

57 Id., 104-8; Rhine.hart s Oregon Cavalry, MS., 15. 

!8 A. J. Borland, Grant county; E. Palmer, Yamhill; Charles Lafollet, 
Polk; J. M. Gale, Clatsop; W. J. Shipley, Benton; W. S. Powell, Multno- 
mah; C. P. Crandall, Marion; F. 0. McCown, Clackamas; T. Humphreys, 
Jackson, were commissioned 2d lieutenants. 

; * Polk county raised $1,200 extra bounty rather than fail, and completed 
her enlistment, first of all. Josephine county raised $2,500, and Clackamaa 
offered similar inducements. Portland Oregonian, Nov. 30, 1864, Feb. 14, 



510 MILITARY ORGANIZATION AND OPERATIONS. 



Six companies were formed within the limit, and two 
more before the first of April 1865. 40 

Early in January 1865 General McDowell made a re 
quisition for a second regiment of cavalry, the existing 
organization to be kept up and to retain its name of 
1st Oregon cavalry, but to be filled up to twelve com 
panies. In making his proclamation Governor Gibbs 
reminded those liable to perform military duty of the 
bounties provided by the state and the general gov 
ernment which w r ould furnish horses to the new re^i- 

o 

ment. But the response was not enthusiastic. About 
this time the district was extended to include the 
southern and south-eastern portions of the state, here 
tofore attached to California, while the Boise and 
Owyhee region was made a subdistrict of Oregon, 
commanded by Lieutenant Colonel Drake. These 
arrangements left the military affairs of Oregon en 
tirely in the hands of her own citizens, under the 
general command of General McDowell, and thus 
they remained through the summer. On the 14th 
of July Colonel Maury retired, and Colonel B. Curry 
took the command of the district. 

In the summer of 1864 General Wright, though 
retaining command of the district of California, was 
relieved of the command of the department of the 
Pacific by General McDowell, who in the month 
of August paid a visit of inspection to the dis 
trict of Oregon, going first to Puget Sound, where 
fortifications were being erected at the entrance to 
Admiralty Inlet, and thence to Vancouver on the 
revenue cutter Shubrick, Captain Scamrnon. On the 
13th of September he inspected the defensive works 
under construction at the mouth of the Columbia, 

40 The following were the lieutenants in the regiment: William J. Ship 
ley, Cyrus H. Walker, Thomas H. Reynolds, Samuel F. Kerns, John B. 
Dimick, Darius B. Randall, William M. Rand, William Grant, Harrison B. 
Oatman, Byron Barlow, William R. Dunbar, John W. Cullen, Charles B. 
Roland, Charles H. Hill, Joseph M. Gale, James A. Balch, Peter P. Gates, 
Daniel W. Applegate, Charles N. Chapman, Albert Applegate, Richard Fox 
(vice Balch). Report Adjt Gen. Or., 1866, pp. 217-221. 



FORTIFICATIONS. 51 1 

which were begun the previous year. For this pur 
pose congress had in 1861-2 appropriated $100,000 
to be expended at the mouth of the Columbia, and 
with such rapidity had the work been pushed forward 
that the fortifications on Point Adams, on the south 
ern side of the entrance to the river, were about com 
pleted at the time of McDowell s visit. With the 
approval of the war department, Captain George El 
liot of the engineering corps named this fort in honor 
of General I. J. Stevens, who fell at the battle of 
Chantilly, September 1, 1862. 41 

Immediately on the completion of this fort corre 
sponding earthworks were erected on the north side of 
the entrance to the river on the high point known as 
Cape Disappointment, but recognized by the depart 
ment as Cape Hancock. Both of these fortifications 
were completed before the conclusion of the civil war, 
which hastened their construction, and were garri 
soned in the autumn of 1865.* 2 In 1874, by order of 
the war department and at the suggestion of Assist 
ant adjutant-general H. Clay Wood, the military post 
at Cape Hancock was named Fort Canby, in honor 
of Major-general Edward R. S. Canby, who perished 
by assassination during the Modoc war of 1872-3, 
and the official name of the cape was ordered to be 
used by the army. 

41 Fort Stevens was constructed of solid earthworks, just inside the en 
trance, and was made one of the strongest and best armed fortifications on 
the Pacific coast. It was a nonagon in shape, and surrounded by a ditch thirty 
feet in width, which was again surrounded by earthworks, protecting the 
walls of the fort and the earthworks supporting the ordnance. Or. A rgus, 
June 5 and 29, 1863; Ibid., Aug. 18, 1863; Victor s Or., 40-1; Surgeon Gen. 
Circ., 8, 484-7. 

42 On Cape Disappointment was a light-house of the first class, rising from 
the highest point. Extending along the crest of the cape on the river side 
were three powerful batteries mounted on solid walls of earth. Under the shel 
ter of the cape, around the shore of Baker Bay, were the garrison buildings 
and officers quarters. It was and is at present one of the prettiest places 
on the Columbia, though rather inaccessible in stormy weather. Surgeon 
Gen. Circular, 8, 461; Victor s Or., 36-8; Overland Monthly, viii. 73-4; Steel s 
Rifle Regt, MS., 5; Portland Oregonian, April 4, 1864, Oct. 19, 1865; tf. F. 
Bulletin, Nov. 25, 1864; Or. Pioneer Hist. Soc., 7-8. 



CHAPTEE XXI. 

THE SHOSHONE WAR. 
1866-1868. 

COMPANIES AND CAMPS STEELE S MEASURES HALLECK HEADSTRONG 
BATTLE OF THE OWYHEE INDIAN RAIDS SUFFERINGS OF THE SETTLERS 
AND TRANSPORTATION MEN MOVEMENTS OF TROOPS ATTITUDE OF GOV 
ERNOR WOODS FREE FIGHTING ENLISTMENT OF INDIANS TO FIGHT 
INDIANS MILITARY REORGANIZATION AMONG THE LAVA-BEDS CROOK 
IN COMMAND EXTERMINATION OR CONFINEMENT AND DEATH IN RESER 
VATIONS. 

IN the spring of 1865 the troops were early called 
upon to take the field in Oregon and Idaho, the roads 
between The Dalles and Boise, between Boise and 
Salt Lake, between Owyhee and Chico, and Owyhee 
and Huraboldt in California, being unsafe by reason of 
Indian raids. A hundred men were sent in April to 
guard The Dalles and Boise road, which, owing to its 
length, 450 miles, they could not do. In May, com 
pany B, Oregon volunteers, Captain Palmer, moved 
from The Dalles to escort a supply-train to Boise. 
Soon after arriving, Lieutenant J. W. Cullen was 
dircted to take twenty men and proceed 150 miles far 
ther to Camp Reed, on the Salmon Falls Creek, where 
he was to remain and guard the stage and immigrant 
road. Captain Palmer was ordered to establish a sum 
mer camp on Big Camas prairie, which he called Camp 
Wallace. From this point Lieutenant C. H. Walker 
was sent with twenty-two enlisted men to the Three 
Buttes, 1 10 miles east of Camp Wallace, to look out for 

the immigration. Leaving most of his command at 

. 

Three Buttes, Walker proceeded to Gibson s ferry, 

(512) 



CAMP LANDER. 



513 



above Fort Hall, where he found a great number of 
wagons crossing, and no unfriendly Indians. On re 
ceiving orders, however, he removed his company to 
the ferry, where he remained until September 19th, 
after which he proceeded to Fort Hall to prepare winter 



5 10 20 30 40 



Columbia City 
COLUMBIA 
ST\ HELENS 




WESTERN OREGON; 

quarters, Palmer s company being ordered to occupy 
that post. The old fort was found a heap of ruins; but 
out of the adobes and some abandoned buildings of the 
overland stage company, a shelter was erected at the 
junction of the Salt Lake, Virginia City, and Boisd 
roads, which station was named Camp Lander. This 

HIST. OB., VOL. II. 33 



514 THE SHOSHONE WAR. 

post and Camp Reed were maintained during the win 
ter by the Oregon infantry, the latter having only tents 
for shelter, and being exposed to severe hardships. 1 la 
May detachments of Oregon cavalry were ordered from 
The Dalles, under lieutenants Charles Hobart and 
James L. Curry, to clear the road to Canon City, and 
thence to Boise, from which post Major Drake ordered 
Curry to proceed to Rock Creek, on Snake River, to 
escort the mails, the Indians having driven off all 
the stock of the overland stage company from several 
of the stations. 

Lieutenant Hobart proceeded to Jordan Creek, 
where he established a post called Camp Lyon, after 
General Lyon, who fell during the war of the rebellion, 
at Willow Creek in Missouri. Soon after, being in 
pursuit of some Indians who had again driven off 
stock on Reynolds Creek, he was himself attacked 
while in camp on the Malheur, having the horses of his 
command stampeded; but in a fight of four hours, dur 
ing which he had two men wounded, he recovered his 
own, took a part of the enemy s horses, and killed and 
wounded several Indians. 2 Captain L. L. Williams, 
of company H, Oregon infantry, who was employed 
guarding the Cafion City road, was ordered from camp 
Watson in September, to proceed on an expedition to 
Selvie River, Lieutenant Bo wen of the cavalry be 
ing sent to join him with twenty -five soldiers. Before 
Bowen s arrival, Williams company performed some 
of the best fighting of the season under the great 
est difficulties; being on foot, and compelled to march 
a long distance surrounded by Indians mounted and 
afoot, but of whom they killed fifteen, with a loss 
of one man killed and two wounded. 8 Williams re 
mained in the Harney Valley through the winter, 
establishing Camp Wright. 

1 Lieut Walker here referred to is a son of Rev. Elkanah Walker, a mission 
ary of 1835. 

2 Boist City Statesman, July 13 and 18, 1865. Hobart was afterward a cap 
tain in the regular army. Albany States Rights- Democrat, July 2, 1875. 

3 Report of Lt Williams in Kept Adjt G*n. Or. 1866, 82-98. L. L. Will- 
.iams was one of the Port Orford party which suffered so severely in 1851. 



CURRY AND SPRAGUE. 515 

In addition to the Oregon troops, Captain L. S. 
Scott, of the 4th California volunteer infantry, was 
employed guarding the road to Chico, being stationed 
in Paradise Valley through the summer, but ordered 
to Silver Creek in September, where he established 
Camp Curry. 

Colonel Curry had succeeded to the command of 
the district of the Columbia on the death of General 
Wright, while en route to Vancouver to assume the 
command, by the foundering of the steamship Brother 
Jonathan. In order to obviate the inconvenience of 
long and unwieldly transportation trains, and in order 
also to carry on a winter campaign, which he believed 
would be most effectual, as the Indians would then be 
found in the valleys, Curry distributed the troops 
in the following camps: Camp Polk on the Des Chutes 
River, Camp Curry on Silver Creek, Camp Wright- 
cm Selvie River, camps Logan and Colfax on the 
Canon City and Boise* road, Camp Alvord in Alvord 
Valley, Camp Lyon on Jordan Creek, Idaho, Camp 
Reed near Salmon Falls, and Camp Lander at old Fort 
Hall, Idaho. But with all these posts the country 
continued to suffer with little abatement the scourge 
of frequent Indian raids. 

Early in October Captain F. B. Sprague, of the 
1st Oregon infantry, was ordered to examine the route 
between Camp Alvord and Fort Klamath, with a view 
to opening communication with the latter. Escorted 
by eleven cavalrymen, Sprague set out on the 10th, tak 
ing the route by Warner Lake over which Drew had 
made a reconnoissance in 1865, arriving at Fort Klam 
ath on the 17th without having seen any Indians. 
But having come from Fort Klamath a month previ 
ous, and seen a large trail crossing his route, going 
south, and not finding that any fresh trail indicated the 
return of the Indians, he came to the conclusion that 
they were still south of the Drew road, between it and 
Surprise Valley, where Camp Bidwell was located. 

On making this report to Major Rheinhart, in com- 



516 



THE SHOSHONE WAR. 



mand at Klamath, he was ordered to return to Camp 
Alvord by the way of Surprise Valley and arrange co 
operative measures with the commander of the post 
there. But when he arrived at Camp Bidwell on the 
28th, Captain Starr, of the second California volunteer 
cavalry, in command, was already under orders to re 
pair with his company, except twenty-five men, to Fort 







EASTERN OREGON, CAMPS AND FORTS. 

Crook, before the mountains became impassable with 
snow 7 . He decided, however, to send ten men, under 
Lieutenant Backus, with Sprague s escort, to prove the 
supposed location of the main body of the Indians. 
On the third day, going north, having arrived at 
Warner s Creek, which enters the east side of the lake 
seven miles south of the crossing of the Drew road, 



DISBANDMENT OF VOLUNTEERS. 517 

without falling in with any Indians, Backus turned 
back to Camp Bidwell, and Sprague proceeded. 

No sooner had this occurred than signs of the enemy 
began to appear, who were encountered, 125 strong, 
about two miles south from the road. While the 
troops were passing an open space between the lake and 
the steep side of a mountain they were attacked by the 
savages hidden in trenches made by land-slides, and be 
hind rocks. Sprague, being surprised, and unable either 
to climb the mountain or swim the lake, halted to take in 
the situation. The attacking parties were in the front 
and rear, but he observed that those in the rear were 
armed with bows and arrows, while those in front had 
among them about twenty-five rifles. The former were 
leaving their hiding-places to drive him upon the lat 
ter. Observing this, he made a sudden charge to the 
rear, escaping unharmed and returning to Camp Bid- 
well. 

Captain Starr then determined to hold his company 
at that post, and cooperate with Camp Alvord against 
those Indians. But when Sprague arrived there by 
another route he found the cavalry half dismounted 
by a recent raid of these ubiquitous thieves, and the 
other half absent in pursuit; 4 thus a good opportunity 
of beginning a winter campaign was lost. But an im 
portant discovery had been made of the principal 
rendezvous of the Oregon Snake Indians a knowledge 

o o 

which the regular army turned to account when they 
succeeded the volunteer service. 

In October, before Curry had thoroughly tested 
his plan of a winter campaign, orders were received to 
muster out the volunteers, and with them he retired 
from the service. He was succeeded in the command 
of the department by Lieutenant-colonel Drake, who 
in turn was mustered out in December. Little by 
little the whole volunteer force was disbanded, until 
in June 1866 there remained in the service only com- 

* James Alclerson of Jacksonville, a good man, who was on guard, was killed 
in this raid. Portland Oregonian, Dec. 4, 1865. 



518 THE SHOSHONE WAR. 

pany B, 1st Oregon cavalry, and company I, 1st Oregon 
infantry. All the various camps in Oregon were 
abandoned except Camp Watson, against the removal 
of which the merchants of The Dalles protested, 5 and 
Camp Alvord, which was removed to a little different 
location and called Camp C. F. Smith. Camp Lyon 
and Fort Boise were allowed to remain, but forts 
Lapwai and Walla Walla were abandoned. These 
changes were made preparatory to the arrival of several 
companies of regular troops, and the opening of a new 
campaign under a new department commander. 

The first arrival in the Indian country of troops from 
the east was about the last of October 1865, when 
two companies of the 14th infantry were stationed at 
Fort Boise, with Captain Walker in command, when 
J>he volunteers at that post proceeded to Vancouver 
to be mustered out. No other changes occurred in 
this part of the field until spring, the United States 
and Oregon troops being fully employed in pursuing 
the omnipresent Snakes. 6 Toward the middle of 
February 1866, a large amount of property having 
been stolen, Captain Walker made an expedition with, 
thirty-nine men to the mouth of the Owyhee, and into 
Oregon, between the Owyhee and Malheur rivers, com 
ing upon a party of twenty-one Indians in a canon, 
and opening fire. A vigorous resistance w T as made 
before the savages would relinquish their booty, which 
they did only when they were all dead but three, who 
escaped in the darkness of coming night. Walker 
lost one man killed and one wounded. 

On the 24th of February Major-general F. Steele 

5 Dalles Mountaineer, April 20, 1866. 

6 A man named Clark was shot, near the mouth of the Owyhee, while en 
camped with other wagoners, in Nov. ; 34 horses were stolen from near Boise" 
ferry on Snake Biver in Dec. ; and the pack-mules at Camp Alvord were stolen. 
Captain Sprague recovered these latter. Feb. 13th the rancho of Andrew 
Hall, 15 miles from Ruby City, was attacked, Hall killed, 50 head of horses 
driven off, and the premises set on fire. Boise Statesman, Feb. 17, 1866; Id., 
March 4, 1866. Ada County raised a company o^ volunteers to pursue these 
Indians, but they were not overtaken. Ind. A/. Bept, 1866, 187-8; Austin 
JRecae ttiver Reveille, March 13, 1866. 



CAMPS AND COMMANDERS. 519 

took command of the department of the Columbia. 
There were in the department at that time, besides 
the volunteer force which amounted numerically to 
553 infantry and 319 cavalry, one battalion of the 
14th United States infantry, numbering 793 men, and 
three companies of artillery, occupying fortified works 
at the mouth of the Columbia and on San Juan Island. 
These troops, exclusive of the artillery, were scattered 
in small detachments over a large extent of country, 
as we already know. 

On the 2d of March the post of Fort Boise, with 
its dependencies, camps Lyon, Alvord, Reed, and Lan 
der, was erected into a full military district, under the 
command of Major L. H. Marshall, who arrived at 
district headquarters about the 20th, and immediately 
made a requisition upon Steele for three more com 
panies. In April Colonel J. B. Sinclair of the 14th 
infantry took the command at Camp Curry, which 
he abandoned and proceeded to Boisd. Fort Boise 
received about this time a company of the same regi 
ment, under Captain Hinton, withdrawn from Cape 
Hancock, at the mouth of the Columbia, and another, 
under Lieutenant-colonel J. J. Coppinger, withdrawn 
from The Dalles. 

Camp Watson received two companies of cavalry, 
under the command of Colonel E. M. Baker. Camp 
C. F. Smith received a cavalry company under Cap 
tain David Perry, who marched into Oregon from 
the south by the Chico route ; and Camp Lyon received 
another under Captain James C. Hunt, who entered 
Oregon by the Humboldt route. At Camp Lyon also 
was a company of the 14th infantry under Captain P. 
Collins, and one of the 1st Oregon infantry under 
Captain Sprague. From this it will be seen that most 
of the troops were massed in the Boise military dis 
trict, only Baker s two companies being stationed 
where they could guard the road between The Dalles 
and Boise, which was so infested that the express 
company refused to carry treasure over it, half a dozen 



520 THE SHOSHONE WAR. 

successful raids having been made on the line of the 
road before the first of May. 

Although Steele s first action was to cause the 
abandonment of most of the camps already established, 
as I have noticed, as early as March 20th, he wrote 
to General Halleck, commanding the division of the 
Pacific, that the Indians had commenced depredations, 
with such signs of continued hostilities in the southern 
portions of Oregon and Idaho that he should recom 
mend the establishment of two posts during the sum 
mer, from which to operate against them the follow 
ing winter, one at or near Camp Wright, and another 
in Goose Lake Valley, from which several roads 
diverged leading to other valleys frequented by hostile 
Snakes, Utes, Pit Rivers, Modocs, and Klamaths. 

On the 28th of March Major Marshall led an ex- ; 
pedition to the Bruneau River, 110 miles, finding only 
the unarmed young and old of the Snake tribe, to the 
number of 150. On returning about the middle of 
April he ordered Captain Collins, with a detachment 
of Company B and ten men from the 14th infantry, 
to proceed to Squaw Creek, a small stream entering 
Snake River a few miles below the mouth of Rey 
nolds Creek, and search the canon thoroughly, not 
only for Indian foes, but for white men who were 
said to be in league with them, and who, if found, 
were to be hanged without further ceremony. Being 
unsuccessful, Collins was sent to scout on Burnt 
River and Clark Creek. 

On the llth of May Marshall again left the fort 
with Colonel Coppinger and eighty-four men, to scout 
on the head- waters of the Owyhee. He found a 
large force of Indians at the Three Forks of the 
Owyhee, strongly posted between the South and Mid 
dle forks. The river being impassable at this place, 
he moved down eight miles, where he crossed his 

C7 

men by means of a raft. As they were about to 
advance up the bluff, they were fired on by Indians 
concealed behind rocks. A battle now occurred which 



MARSHALL S DEFEAT. 521 

lasted four hours, in which seven of the savages were 
killed and a greater number wounded; but the Indians 
being in secure possession of the rocks could not be 
dislodged, and Marshall was forced to retreat across 
the river, losing his raft, a howitzer, some provisions, 
and some ammunition which was thrown in the river. 
His loss in killed was one non-commissioned officer. 7 
His rout, notwithstanding, was complete, and to ac 
count for the defeat he reported the number of Indians 
engaged at 500, an extraordinary force to be in any 
one camp. 

And thus the war went on, from bad to worse. 8 
On the 19th of May a large company of Chinamen, 
to whom the Idaho mines had recently been opened, 
were attacked at Battle Creek, where Jordan and 
others were killed, and fifty or sixty slaughtered, the 
frightened and helpless celestials offering no resistance, 
but trying to make the savages understand that they 
were non-combatants and begging for mercy. 9 Pepoon 
hastened to the spot, but found only dead bodies strewn 

7 A detachment of the Oregon cavalry accompanied Marshall on this ex 
pedition, and blamed him severely for inhumanity. A man named Phillips, 
an Oregonian, was lassoed and drawn up the cliff in which the Indians were 
lodged, to be tortured and mutilated. Lieut Silas Pepoon of the Oregon 
cavalry wished to go to his rescue, but was forbidden. He also left 4 men on 
the opposite bank of the river, who were cut off by the swamping of the raft. 
The volunteer commanders would never have abandoned their men without 
an effort for their rescue. See U. S. Hess, and Docs, 1866-7, 501, 39th cong. 
2d sess. 

8 During the night of the 4th of May sixty animals were stolen from 
packers on Reynolds Creek, eight miles from Ruby City. None of the trains 
were recovered. The loss and damage was estimated at $10,000. Dalles Moun 
taineer, May 18, 1866. About the 25th of May, Beard and Miller, teamsters 
from Chico, on their way to the Idaho mines, lost 421 cattle out of a herd of 
460, driven off by the Indians. About the 20th of June, twenty horses were 
stolen from War Eagle Mountain, above Ruby City. On the 12th of June, C. 
C. Gassett was murdered on his farm near Ruby City, and 100 head of stock 
driven off. Early in July, James Perry, of Michigan, was murdered by the 
Indians, his arms and legs chopped off, and his body pinned to the ground, 
along with a man named Green, treated in the same manner. 

9 Travellers over the road reported over 100 unburied bodies of Chinamen. 
The number killed has been variously reported at from 50 to 150. One boy 
escaped of the whole train. He represented his countrymen as protesting, 
Me bellee good Chinaman ! Me no fightee ! But the scalps of the Chinamen 
seemed specially inviting to the savages. Butler } s Life and Times, MS., 11- 
12. Their remains were afterward gathered and buried in one grave. Stcmft 
Idaho, MS., 2; U. S. Sec. Int. Re^t, 1867-8, 97, 40th cong. 2d sess.; Owyhee 
Index, May 26, 1866; Owyhee News, June 1866. 



522 THE SHOSHONE WAR. 

along the road for six miles. This slaughter was fol 
lowed by a raid on the horses and cattle near Boon- 
ville, in which the Indians secured over sixty head. 
As they used both horses and horned stock for food, 
the conclusion was that they were a numerous people 
or valiant eaters. 

Repeated raids in the region of the Owyhee, with 
which the military force seemed unable to cope, led 
to the organization, about the last of June, of a volun 
teer company of between thirty and forty men, under 
Captain I. Jennings, an officer who had served in the 
civil war. On the 2d of July they came upon the 
Indians on Boulder Creek, and engaged them, but 
soon found themselves surrounded, the savages being 
in superior force. Upon discovering their situation, 
the volunteers intrenched themselves, and sent a mes 
senger to Camp Lyon; but the Indians were gone 
before help came. The loss of the volunteers was one 
man killed and two wounded. 10 The Indian loss was 
reported to be thirty-five. 

The commander of the district of Boisd did not 
escape criticism, having established a camp on the 
Bruneau River where there were no hostile Indians, 
and, it was said, shirked fighting where they were. 11 
But during the month of August he scouted through 
the Goose Creek Mountains, killing thirty Indians, 
after which he marched in the direction of the forks of 
the Owyhee, where he had a successful battle, and 
retrieved the losses and failure of the spring campaign 
by hanging thirty-five captured savages to the limbs 
of trees. 12 He proceeded from there to Steen Moun- 

10 Thomas B. Cason, killed; Aaron Winters and Charles Webster wounded. 
Cason had built up around him a stone fortification, from which he shot in the 
2 days 15 Indians, and was shot at last in his little fortress. Sec. Int. Re.pt, 
1867-8, iii., 40th cong. 2d sess., pt 2, 97; Boise Statesman, July 7 and 10, 
1S66; Sac. Union, July 28, 1868. 

11 Boise Statesman, July 20, 1866. Marshall designed erecting a permanent 
post on the Bruneau, and had expended several thousand dollars, when or 
ders came from headquarters to suspend operations. A one-company camp 
was permitted to remain during the year. 

12 Yreka Union, Oct. 20, 1866; Hayes 1 Scraps, v., Indians, 228. 



INDIAN DEPREDATIONS. 523 

tain, Camp Warner, Warner Lake, where he arrived 
on the 1st of October. 

In the mean time the stage-lines and transportation 
companies, as well as the stock-raisers, on the route 
between The Dalles and Canon Citv, and between 

*/ * 

Canon City and Boise, were scarcely less annoyed and 
injured than those in the more southern districts. 13 
Colonel Baker employed his troops in scouring the 
country, and following marauding bands when their 
depredations were known to him, which could not often 
be the case, owing to the extent of country over which 
the depredations extended. On the 4th of July 
Lieutenant R. F. Bernard, with thirty-four cavalry 
men, left Camp Watson in pursuit of Indians who 

13 In May the Indians drove off a herd of horses from the Warm Spring 
reservation, and murdered a settler on John Day River named John Witner. 
In June they attacked a settler on Snake River, near the Weiser, and on the 
main travelled road, driving off the pack-animals of a train encamped there. 
In August they robbed a farm on Burnt River of $300 worth of property, 
while the men were mowing grass a mile away; stole 54 mules and 18 beef- 
cattle from Camp Watson; and attacked the house of N. J. Clark, on the 
road, which they bumed, with his stables, 50 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 
son. About the same time they murdered Samuel Leonard, a miner at Mormon 
Basin. A little later they surprised a mining camp near Canon City, killing 
Matthew Wilson, and severely wounding David Graham. No aid could be 
obtained from Camp Watson, the troops being absent in pursuit of the govern 
ment property taken from that post. In Sept. they took horses from a place on 
Clark Creek, from Burnt River, and the ferry at the mouth of Powder River. 
They pursued and fired on the expressman from Mormon Basin; and attacked 
the stage between The Dalles and Canon City, when there were but two 
persons on board, Wheeler, one of the proprietors, and H. C. Paige, express 
agent. Wheeler 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 
ground, most of it being afterward recovered. The money, horses, and other 
property were carried off. In October eleven horses were stolen from a party 
of prospectors on Rock Creek, Snake River. In Nov. the Indians again 
visited Field s farm, and stole three beef-cattle. They were pursued 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 Canon 
Creek, a few miles from Canon City, were attacked, and J. Kester killed. The 
Indians came within one mile of Caiion City, and prepared to attack a house, 
but being discovered, fled. Early in December they stole a pack-train from 
near the Canon City road. They were pursued by a detachment of twenty 
men from Baker s command, under Sergeant Conner, and the train recovered, 
with a loss to the Indians of fourteen men killed and five women captured. 
Sec. hit. Kept, 1867-8, pt 2, 95-100; Dalles Mountaineer, Dec. 14, 1866. 



524 THE SHOSHONE WAR, 

had been committing depredations on the Canon City 
road, and marched south to the head-waters of Crooked 
River, thence to Selvie River and Harney Lake, 
passing around it to the west and south, and continuing 
south to Steen Mountain; thence north-east around 
Malheur Lake, and on to the head-waters of Malheur 
River, where, on the middle branch, for the first time 
in this long march, signs of Indians were discovered. 

Encamping in a secure situation, scouts were sent 
out, who captured two. Lieutenant Bernard himself, 
with fifteen men, searched for a day in the vicinity 
without finding any of the savages. On the 17th he 
detached a party of nineteen men, under Sergeant 
Conner, to look for them, who on the 18th, about 
eight o clock in the morning, on Rattlesnake Creek, 
discovered a large camp, which he at once attacked, 
killing thirteen and wounding many more. The Ind 
ians fled, leaving a few horses and mules, but taking 
most of their property. The loss on the side of the 
troops was Corporal William B. Lord. The detach 
ment returned to camp on the evening of the 18th, 
where they found a company of forty-seven citizens 
from Auburn in Powder River Valley in search of 
the same band. 

With this addition to his force, Bernard, on the 
19th, renewed the pursuit, and found the Indians 
encamped in a deep canon with perpendicular walls of 
rock, about a mile beyond their former camp, which 
place they had further fortified, but which on discover 
ing that they were pursued they abandoned, leaving all 
their provisions and camp equipage behind, and escap 
ing with only their horses and arms. Leaving the citi 
zens to guard the pack-train, Bernard, with thirty men, 
followed the flying enemy for sixty miles over a broken 
and timbered country, passing the footmen, who scat 
tered and hid in the rocks, and encamping on Selvie 
River. During the night the footmen came together, 
and passing near camp, turned off into some low 
hills covered with broken rocks arid juniper trees. 



HALLECK S POLICY. 525 

Upon being pursued, they again scattered like quail, 
and only two women and children were captured. 
The following day the train was sent for, and the citi 
zens notified that they could accomplish nothing by 
coming farther. Bernard continued to follow the 
trail of the mounted Indians for another day, when 
he returned to Camp Watson, having travelled 630 
miles in twenty-six days. He spoke of a report 
often before circulated that there were white men 
among the Malheur band of Shoshones, the troops 
having heard the English language distinctly spoken 
during the battle of the 18th. He estimated the num- 

o 

ber of Indians, men, women, and children, at 300, and 
the fighting men at eighty. The loss of all their pro 
visions and other property, it was thought, would dis 
able them. 14 

In August Lieutenant-colonel R. F. Beirne, of the 
14th infantry, from Camp Watson, inarched from The 
Dalles along the Canon City road to Boise, scouting 
the country along his route. On arriving at Fort 
Boise, he was ordered to scout the Burnt River region, 
where the Indians were more troublesome, if that 
were possible, than ever before. The same was true 
of the Powder River district and Canon City; and 
the inhabitants complained that the troops drove the 
Indians upon the settlements. To this charge Steele 
replied that this could not always be avoided. But 
the people of the north-eastern part of Oregon asserted, 
whether justly or not, that Halleck favored California, 
by using the main strength of the troops in his divis 
ion to protect the route from Chico to the Idaho mines, 
so that the California merchants should be able to 
monopolize the trade of the mines, while the Oregon 
merchants were left to suffer on the road from 
the Columbia River to the mines of Idaho, or to protect 
themselves as they best could. The stage company 
suffered equally with packers and merchants. 

Finally Halleck visited south-eastern Oregon; and 

H Alta California, Aug. 22, 1866; Mess, and Docs, Abridg. 1866-7, 501. 



626 THE SHOSHONE WAR. 

going to Fort Boise by the well-protected Chico route, 
and thence to the Columbia River, travelling with an 
escort, and at a time when the Indians were most 
quiet, being engaged in gathering seeds and roots for 
food, he saw nothing to excite apprehension. 

The legislature, which met in September, and the 
new governor, George L. Woods, were urged to take 
some action, which was done. 15 After some discussion, 
a joint resolution was passed, October 7th, that if the 
general government did not within thirty days from 
that date send troops to the protection of eastern 
Oregon the governor was requested to call out a suffi 
cient number of volunteers to afford the necessary aid 
to citizens of that part of the state. 

General Steele had been quite active since taking 
the command in Oregon. During the summer he had 
made four tours of inspection: one to and around 
Puget Sound, travelling between 600 and 700 miles, a 
part of the time on horseback. The second tour was 
performed altogether on horseback, a distance of over 
1,200 miles. Leaving The Dalles with an escort of 
ten men and his aide-de-camp, he proceeded to Camp 
Watson, where he took one of the cavalry companies 
sent to that post in April, commanded by Major E. 
Myers, and continued his journey to Camp Curry 
and Malheur Lake. While encamped on the east 
side of the lake, the Indians drove off fifty-two pack- 
mules belonging to the escort. They were pursued, 
and the animals recovered, except three which had 
been killed and eaten. From Lake Malheur Steele 
proceeded without further interruption to Camp Lyon, 
and thence to Fort Boise, where he found General Hal- 
leek and staff, returning to The Dalles by the usually 
travelled road leaving, it would seem by the com 
plaints of the citizens of Eastern Oregon, Myers 
company in the Boise country. With Halleck, he 

15 See Woods* Kec., MS.; also U. S. Mess, and Docs, 1866-7, 503-4, 39th 
cong. 2dsess; Or. Jour. Senate, 1866, 51-5; Portland Oregonian, July 14, 1866. 



STEELE S TOUE. 527 

next inspected the forts at the mouth of the Colum 
bia; and on the 13th of August returned to Boise, 
crossing Snake River at the mouth of the Bru- 
neau, examining the country in that vicinity with 
a view to establishing a post. From Bruneau Steele 
went to the Owyhee mines, and thence to the forks 
of the Owyhee, where troops were encamped watch 
ing the movements of the Indians. Taking an escort 
of twenty men, under Captain David Perry, he next 
proceeded to Alvord Valley, arriving at Camp Smith 
on the 6th of September. Thence he returned to Fort 
Boise, and to Vancouver about the time the legislature 
was considering the subject of raising volunteers. 

Soon after the return of Steele and his interview 
with Woods, recruiting for the 8th regiment United 
States cavalry was begun in the Willamette Valley, 
but progressed slowly, the recruiting service having 
been injured by the action of the legislature, which 
held out the prospect of a volunteer organization, in 
which those who would enlist preferred to serve. The 
movement to recruit, however, by promising to put an 
additional force in the field, arrested the volunteer 
movement, and matters were left to proceed as 
formerly. 16 

i 

6 In Sept. the Owyhee stage was attacked and two men shot. In Nov. 
the Indians fired on loaded teams entering Owyhee mines from Snake River 
by the main road, and killed a man named McCoy, besides wounding one 
Adams. They fired on the Owyhee ferry, and on a detachment of cavalry, 
both attacks being made in the night, and neither resulting in anything more 
serious than killing a horse, and driving off fourteen head of cattle. During 
the autumn a party of 68 Idaho miners were prospecting on the upper waters 
of Snake River. A detachment of eleven men were absent from the main 
party looking for gold, when one of the eleven separated himself from them, 
to look for the trail of others. On returning, he saw that the detachment 
had been attacked, and hastened to report to the main company, who, on reach 
ing the place, found all ten men murdered. Their names, so far as known, 
were Bruce Smith, Edward Riley, David Conklin, William Strong, and 
George Ackleson. This party were afterward attacked in Montana by the 
Sioux, when Col Rice and William Smith were killed, and several wounded. 
See account in Portland Oregonian, Nov. 28, 1866. On the 8th of Nov. the 
Owyhee stage was attacked within four miles of Snake River crossing, a passen 
ger named VVilcox killed, another, named Harrington, wounded in the hip, 
and the driver, Waltermire, wounded in the side. The driver ran his team 
t\vo miles, pursued by the Indians, who kept tiring on the stage, answered by 
passengers who had arms. The wheel-horses being at last shot, the party 
were forced to run for their lives, and escaped. On returning with assistance, 



528 THE SHOSHONE WAR. 

But it cannot be said that Steele did not keep 
his troops in motion. He decided also to try the 
effect of a winter campaign, and reestablished several 
camps, besides establishing Camp Warner, on the 
west side of Warner Lake, and Camp Three Forks 
of Owyhee on the head of the north branch of that 
river, on the border of the Flint district, and throw 
ing a garrison into each of the two abandoned forts 
of Lapwai and Walla Walla. Two or three more 
cavalry companies arrived before December, there 
being then seven in Oregon and Idaho, besides five 
companies of the 14th infantry, one of the 1st Oregon 
infantry, and five of artillery in the department. 

A number of scouting parties were out during the 
autumn, scouring the south-eastern part of Oregon, 
skirmishing here and there, seldom inflicting or sus 
taining much loss. On the 26th of September fifty 
cavalrymen under Lieutenant Small attacked the 
enemy at Lake Abert, in the vicinity of Camp War 
ner, and after a fight of three hours routed them, kill 
ing fourteen and taking seven prisoners. Their horses, 
rifles, and winter stores fell into the hands of the 
troops. 

On the morning of the 15th- of October Lieutenant 
Oatman, 1st Oregon infantry, from Fort Klamath, 
with twenty-two men and five Klamaths as scouts, 
set out for Fort Bid well to receive reinforcements 
and provisions for an extended scouting expedition. 
He was joined by Lieutenant Small with twenty-seven 
cavalrymen. The command marched to the Warner 

Wilcox was found scalped and mutilated. The mail-bags "were cut open and 
contents scattered. In Dec. twenty savages attacked the Cow Creek farm in 
Jordan Valley, and taking possession of the stable, riddled the house with 
bullets and arrows. Having frightened away the inmates, they drove off 
all the cattle on the place. They were pursued, and the cattle recovered. U. 
S. Sec. Int. Rept, 99-100, vol. iii., 4th cong. 2d sess. Dalles Mountaineer, Dec. 
7, 1866; Owyhee Avalanche, Nov. 17, 1866; Idaho World, Nov. 24, 1866. On 
the 30th of Oct. the Indians raided Surprise Camp, a military station, carry 
ing off grain, tents, tools, etc. Major Walker, promoted from captain, pur 
sued them, when they divided their force, sending off their plunder with 
some, while a dozen of them charged the soldiers. Four Indians were killed 
and the rest escaped. Bois6 Statesman, Nov. 8, 1866. 



OATMAN S FIGHT. 529 

Lake basin, seeking the rendezvous of the enemy. 
Two- days were spent in vain search, when the com 
mand undertook to cross the mountains to Lake 
Abert, at their western base, being guided by Blow, 
a Klarnath chief. After proceeding six miles in a 
direct course, a deep canon was encountered running 
directly across the intended route, which was followed 
for ten miles before any crossing offered which would 
permit the troops to pass on to the west. Such a cross 
ing was at last found, the mountains being passed on 
the 26th, and at eleven o clock of the day the command 
entered the beautiful valley of the Chewaucan by a 
route never before travelled by white men. 

About two and a half miles from the point where 
they entered the valley, Indians were discovered run 
ning toward the mountains. Being pursued by the 
troops, they took up their position in a rocky canon. 
Leaving the horses with a guard, the main part of the 
command advanced, and dividing, passed up the ridges 
on both sides of the ravine, while a guard remained 
at its mouth. At twelve o clock the firing began, and 
was continued for three hours. Fourteen Indians 
were killed, and twice as many wounded. The Indians 
then fled into the mountains, and the troops returned 
to their respective posts. 17 

Early in November the Shoshones under Panina 
threatened an attack on the Klamath reservation, in 
revenge for the part taken against them by the Klam- 
aths in acting as scouts. With a promptness unusual 
with congress, the treaty made with Panina in Sep 
tember 1865 had been ratified, 18 and this chief was 
under treaty obligations. But true to his threat, he 
invaded the Sprague River Valley, where the chief of 
the Modocs had his home, stealing some of Sconchin s 
horses. In return, Sconchin pursued, capturing two 
Snake women. He reported to the agent on the 

11 Jacksonville Reporter, Nov. 3, 1866; Dalles Mountaineer, Dec. 7, 1866. 
18 Cong. Globe, 1865-6, pt v. ap. 402. 
HIST. OB., VOL. II. 34 



530 THE SHOSHONE WAR. 

reservation that he had conversed with some of 
Panina s head men, at a distance, in the manner of 
Indians, and learned from them that the Snakes were 
concentrating their forces near Goose Lake, prepara 
tory to invading the reservation, and capturing the 
fort. Applegate, the agent, notified Sprague, who 
reported to his superiors, saying that he had not men 
enough to defend the reservation and search for the 
enemy. The Shoshones did in fact come within a 
few miles of the post, where they were met and fought 
by the troops and reservation Indians, losing thirteen 
killed and others wounded. Meanwhile the troops 
were gradually and almost unconsciously surrounding 
the secret haunts of the hostile Shoshones in Oregon, 
their successes being in proportion to their nearness of 
approach, the attacking party on either side being 
usually victorious. 19 

About this tiniQ the controversy between the civil 
and military authorities took a peculiar turn. The 
army bill of 1866 provided for attaching Indian scouts 
to the regular forces engaged in fighting hostile bands; 
and certain numbers were apportioned among the states 
and territories where Indian hostilities existed, the 
complement of Oregon being one hundred. Governor 
Woods made application to General Steele to have 
these hundred Indians organized into two companies 
of fifty each, under commanders to be selected by 
himself, and sent into the field independently of the 
regular troops, but to act in conjunction with them. 
This proposition Steele declined, on the ground that 
the army bill contemplated the employment of Indians 
as scouts only, in numbers of ten or fifteen to a com 
mand. 

19 In Oct. Lieut Patton, of Capt Hunt s company, with 10 men, had a skir 
mish on Dunder and Blitzen Creek, which runs into Malheur Lake from the 
3 south, killing 6 out of 75 Indians, with a loss of 1 man, and 4 horses wounded. 
Boise Statesman, Oct. 27, 1866. Capt. O Beirne also had a fight on the Owyhee 
in Nov., in which he killed 14 and captured 10, losing one man wounded and a 
citizen, S. C. Thompson, killed. Id. Nov. 17, 1866; Owyhee Avalanche, Nov. 
10, 1866. Baker s command, in Nov. and Dec. , killed about 60 Indians. Dalles 
Mountaineer, Dec. 14, 1866; Sec. War Rept, i. 481-2, 40th cong. 2d sess. 



INDIAN COMPANIES. 531 

Being refused by Steele, Woods appealed to Hal- 
leek as division commander, who also refused, using 
little courtesy in declining. The quarrel now became 
one in which the victory would be with the stronger. 
Woods telegraphed to the secretary of war a state 
ment of the case, and asked for authority to carry 
out his plan of fighting Indians with Indians. Secre 
tary Stanton immediately ordered Halleck to conform 
his orders to the wishes of the governor of Oregon in 
this respect ; and thus constrained, authority was given 
by Halleck to Woods to organize two companies of 
fifty Indians each, and appoint their officers. Accord 
ingly, W. C. McKay and John Darragh, both familiar 
with the Indian language and customs, were appointed 
lieutenants, to raise and command the Indian com 
panies, which were sent into the field, with the humane 
orders to kill and destroy without regard to age, sex, 
or condition. 20 

About the time that the Warm Spring Indians 
took the field, George Crook, lieutenant-colonel 23d 
infantry, a noted Indian-fighter in California, was 
ordered to relieve Marshall in the command of the 
district of Boise, 21 as the Idaho newspapers said, "to 

20 Lieuts McKay and Darragh, in giving a personal account of their expedi 
tion, relate that their command killed fourteen women and children, which was 
done in accordance with written and verbal instructions from headquarters of 
the military district, and much against the wishes of the Indian scouts, who 
remonstrated against it, on the ground that the Snakes, in their next inroad, 
would murder their wives and children. U. S. Sec. Int. Kept, 1867-8, vol. iii., 
pt ii., 101, 40th cong. 2d sess. Woods apology was that the women of the 
Snake tribe were the most brutal of murderers, and had assisted in the fiendish 
tortures of Mrs and Miss Ward, and other immigrant women, for which they 
deserved to suffer equally with the men. 

a See Recollections of G. L. Woods, a manuscript dictation containing many 
terse and vivid pictures of the modern actors in our history; also Overland 
Monthly, vol. ii., p. 162, 1869. 

The following is a complete roster of the officers in the department of the 
Columbia in the autumn of 1866: Department staff: Frederick Steele, major- 
gen, commanding department. George Macomber, 2d lieut 14th inf. , A. A. 
insp.-gen. Henry C. Hodges, capt., A. Q. M., bvt lieut-col U. S. A., chief Q. 
M. Sam. A. Foster, capt., C. S., bvt major U. S. A., C. C. S., Act. A. A. G. 
P. G. S. Ten Broek, surgeon U. S. A., bvt lieut-col, medical director. 
George Williams, brevet capt. U. S. A., aide-de-camp. Richard P. Strong, 1st 
lieut 7th inf., aide-de-camp. Stations and commands: Fort Colville, Capt. 
John S. Wharton, co. G, 14th inf. Fort Lapwai, Lt J. H. Gallagher, 14th 



532 THE SHOSHONE WAR. 

the satisfaction of everybody." General Crook was a 
man of quiet determination, and the people of Oregon 
and Idaho expected great things of him. Nor were 
they disappointed, for to him is due the credit of sub 
duing the hostile tribes on the Oregon and California 
frontier, and in Idaho. When the war began, eastern 
Oregon was for the most part a terra incognita, and 
the Oregon cavalry had spent four years in exploring 
it and tracking the Indians to their hitherto unknown 
haunts. And now the most efficient officers decided 
that the Indians must be fought in the winter, and 
Steele, after brief observation, adopted the theory. 
Then Governor Woods had thrown into the field the 
best possible aids to the troops in his two companies 
of Indian allies. 

When Crook assumed command in the Boise dis 
trict the Indians were already hemmed in by a cordon 
of camps and posts, with detachments continually in 
the field harassing and reducing them. About the 
middle of December Crook took the field with forty 
soldiers and a dozen Warm Spring allies. On the 
Owyhee he found a body of about eighty warriors 
prepared for battle. Leaving ten men to guard camp, 
he attacked with the remainder, fighting for several 
hours, when the savages fled, leaving some women 
and children and thirty horses in his hands. Twenty - 

inf. , co. E, 8th cav. Fort Walla Walla, Lt Oscar I. Converse, co. D, 8th cav. 
Fort Stevens, Capt. Leroy L. James, co. C, 2d art. Cape Hancock, Capt. John 
I. Rogers, co. L, 2d art. Fort Steilacoom, Capt. Chas H. Peirce, co. E, 2d 
art. San Juan Island, Capt. Thomas Grey, co. I, 2d art. Fort Vancouver, 
Col G. A. H. Blake, 1st U. S. cav. , field, staff, and band; Bvt lieut-col Albert 0. 
Vincent, co. F, 2d art. ; Capt. William Kelly, co. C, 8th cavalry. Vancouver 
Arsenal, Bvt capt. L. S. Babbitt, det. ordnance corps. Camp Watson, Bvt. 
lieut-col Eugene M. Baker, co. I, 1st cav. ; Lieut Amandus C. Kistler, co. F, 
14th inf. Camp Logan, Lieut Charles B. Western, 14th inf., co. F, 8th cav. 
Fort Klamath, Capt. F. B. Sprague, co. I, 1st Or. inf. volunteers. Bois^ Dis 
trict: Fort Boise", Bvt maj.-gen. George Crook, 23d inf.; Bvt col James B. Sin 
clair, co. H, 14th inf. Camp Three Forks, I. T., Bvt lieut-col John J. Cop- 




Hunt, co. M, 1st cav. Off. Arm. Regis., 1866, 67; Portland Oret/onian, Dec. 
22, 1 866. Capt. David Perry superseded Marshall at Fort Boisd in the interim 
before Crook s arrival; and Major Rheinhart, 1st Or. inf., was in command at 
Fort Klamath during the summer of 1866. 



CROOK S CAMPAIGNS. 533 

five or thirty Indians were killed. Crook lost but 
one man, Sergeant O Toole, who had fought in twenty - 
eififht battles of the rebellion. 

<^ 

In January 1867 Crook s men again met the 
enemy about fifteen miles from the Owyhee ferry, on 
the road to California. His Indian scouts discovered 
the Snake camp, which was surprised and attacked at 
daylight. In this affair sixty Indians were killed and 
thirty prisoners taken, with a large number of horses. 
A man named Hanson, a civilian, was killed in the 
charge, and three of Crook s men wounded. Soon 
after a smaller camp w T as discovered; five of the sav 
ages were killed, and the remainder captured. An 
Indian was recognized among the prisoners who had 
before been captured and released on his promise to 
refrain from warlike practices in the future, and was 
shot for violating his parole. 22 From the Owyhee 
Crook proceeded toward Malheur lake and river, in 
the vicinity of which the Warm Spring Indian com 
panies had been operating. On the 6th of January 
McKay attacked a camp, killing three, taking a few 
horses and some ammunition. He discovered the 
headquarters of Panina, who had fortified himself on 
a mountain two thousand feet in height, and climbing 
the rocks with his men, fought the chief a whole clay 
without gaining much advantage, killing three Sho- 
shones, and having one man and several horses 
wounded. The same night, however, he discovered 
another hostile camp, attacking which he killed 
twelve, and took some prisoners. The snow being 
fourteen to eighteen inches deep in north-eastern 
Oregon at this time, the impossibility of keeping up 
the strength of their horses compelled the scouts to 
suspend operations. 

Meanwhile, notwithstanding the exertions of the 
troops, it was impossible to check the inroads of the 
Indians. Only a few years previous to the breaking 

22 U. S. Int. Rept, 1867-8. vol. iii. 188, 40th cong. 2d sess; Owyhee Ava 
lanche, Jan. 5, 1867. 



534 THE SHOSHONE WAR. 

out of the Shoshone war this tribe was treated with 
contempt, as incapable of hostilities, other than petty 
thefts and occasional murders for gain. When they 
first began their hostile visits to the Warm Spring 
reservation Robert Newell, one well acquainted with 
the character of the different tribes, laughed at the 
terror they inspired, and declared that three or four 
men ought to defend the agency against a hundred of 
them. But a change had come over these savages 
with the introduction of fire-arms and cattle. From 
cowardly, skulking creatures, whose eyes were ever 
fastened on the ground in search of some small living 
thing to eat, the Shoshones had come to be as much 
feared as any savages in Oregon. 23 

As early as the middle of March detachments of 
troops were moving on the Canon City road, and fol 
lowing the trails of the marauders. They travelled 
many hundred miles, killing with the aid of the allies 
twenty-four Indians, taking a few prisoners, and de 
stroying some property of the enemy. On the 27th 
of July Crook, while scouting between Camp C. F. 
Smith and Camp Harney with detachments from 
three companies of cavalry, travelling at night and 

23 For example, it takes a brave and somewhat chivalrous savage to rob a 
stage. On March 25th, as the Bois6 and Owyhee stage was coming down the 
ravine toward Snake River from Reynolds Creek, it was attacked by eight 
ambushed Indians. The driver, William Younger, was mortally wounded. 
James Ullman, a California pioneer, a Boise pioneer, a merchant of Idaho, in 
attempting to escape, was overtaken and killed. The mail and contents of the 
coach were destroyed or taken. The same band killed Bouchet, a citizen of 
Owyhee. A few days previously they had raided a farm, and driven off 23 
cattle from Reynolds Creek. On the 25th of April, 8 Shoshones raided the 
farm of Clano and Cosper, on the Canon City road, and secured 25 cattle and 2 
horses. They were pursued by J. N". Clark, whose house and barn they had 
destroyed in Sept., who, with Howard Maupin and William Ragan, attacked 
them as they were feasting on an ox, killing 4 and recovering the stock. 
One of the Indians killed by Clark was the chief Panina. In the same 
month Fraser and Stack were killed near their homes on Jordan Creek. In 
May they attacked C. Shea, a herder on Sinker Creek, and were repelled and 
pursued by 8 white men, who, however, barely escaped with their lives. 
Two men, McKnight and Polk, being in pursuit of Shoshones, were wounded, 
McKnight mortally. The savages burned a house and barn near Inskip a 
farm, Owyhee, and drove off the stock, which the troops finally recov 
ered. They killed three men in Mormon Basin. On every road, in any 
direction, they made their raids, firing on citizens and stealing stock. U. S. 
Sec. Int. Kept, 1867-8, iii. 101-3, 40th cong. 2d sess. 



INDIAN ALLIES AND RESERVATIONS. 535 

lying concealed by day, came upon a large body of 
the enemy in a canon in the Puebla Mountains. He 
had with him the two companies of allies, composed 
of Warm Spring, Columbia River, and Boise Sho- 
shones, the first eager for an opportunity of aveng 
ing themselves on an hereditary foe. They were 
allowed to make the attack, leaving the troops in re 
serve. The Shoshones were completely surrounded, 
and the allies soon had thirty scalps dangling at their 
belts. It was rare sport for civilization, this making 
the savages fight the savages for its benefit. 2 * Pro 
ceeding toward and w T hen within eight miles of the 
post, another Indian camp was discovered and sur 
rounded as before, the allies being permitted to per 
form the work of extermination. 

From observing that the Indians were constantly 
well supplied with ammunition, and that although so 
many and severe losses were sustained the enemy 
were not disheartened nor their number lessened, 
General Crook came to the conclusion that it was not 
the Oregon tribes alone he was fighting. From a long 
experience in Indian diplomacy, he had discovered that 
reservations were a help rather than a hinderance to 
Indian warfare, premising that the reservation Indians 
were not really friendly in their dispositions. It was 
impossible always to know whether all the Indians 
belonging to a reservation were upon it or not, or 
what was their errand when away from it. An Indian 
thought nothing of travelling two or three hundred 
miles to steal a horse- -in fact, the farther his thefts 
from the reservation the better, for obvious reasons.. 
He was less liable to detection ; and then he could say- 
he had been on a hunting expedition, or to gather the 
seeds and berries which were only to be found in 
mountains and marshes, where the eye of the agent 
was not likely to follow him. Meantime he, with 

24 See Owyhee Avalanche, in Orerjonian, Aug. 24, 1867. The troops did not 
fire a shot. Boise Statesman, in Sktuta Courier, Aug. 31, 1867. 



536 THE SHOSHONE WAR. 

others like-minded, could make a rapid journey into 
Oregon, leaving bis confederates on the reservation, 
who would help him to sell the stolen horses on his 
return for arms and ammunition, and who in their 
turn would carry these things to the Oregon Indians 
to exchange for other stolen horses. There were 
always enough low and vicious white men in the neigh 
borhood of reservations to purchase the property thus 
obtained by the Indians and furnish them with the 
means of carrying on their nefarious practices. By this 
means a never-failing supply of men, arms, and ammu 
nition was pouring into Oregon, furnished by the 
reservation Indians of California. Such, at all events, 
was the conviction of Crook, and he determined to act 
upon it by organizing a sufficient force of cavalry in 
his district to check the illicit trade being carried on 
over the border. 

It was the intention of Crook to have his troops 
ready for prosecuting the plan of intercepting these 
incursions from California by the 1st of July; but 
owing to delay in mounting his infantry, and getting 
supplies to subsist the troops in the field, the proposed 
campaign was retarded for nearly two months. The 
rendezvous for the expedition was Camp Smith, on 
the march from which point to Camp Warner, in 
July, his command intercepted two camps of the mi 
gratory warriors, and killed or captured both. Crook 
left Camp Warner on the 29th of July with forty 
troops under Captain Harris, preceded by Darragh 
with his company of scouts, with a view of selecting 
a site for a new winter camp, the climate of Warner 
being too severe. 25 Passing southerly around the 
base of Warner buttes, and north ao^ain to the Drew 

o 

crossing of the shallow strait between Warner lakes, 

25 The winter of 1866-7 was very severe in the Warner Lake region, which 
has an altitude of nearly 5,000 feet. One soldier, a sergeant, got lost, and 
perished in the snow. The entire company at Camp Warner were compelled 
to walk around a small circle in the snow for several nights, not daring to 
lie down or sleep lest they should freeze to death. Owyhee Avalanche, April 
6, 1867; Portland Oreyonian, Aug. 24, 1867. 



DISTRICT CHANGES. 537 

he encamped on Honey Creek, fifteen miles north-west 
of Warner, where he found Darragh, whom he followed 
the next day up the creek ten miles, finding that it 
headed in a range of finely timbered mountains trend 
ing north and south, with patches of snow on their 
summits. On the 31st the new camp was located 
in an open- timbered country, on the eastern boun 
dary of California, and received the name of New 
Warner. It was 500 feet lower than the former 
camp. On the 1st of August the command re 
turned, having discovered some fresh trails leading 
toward California, and confirming the theory of the 
source of Indian supplies. At Camp Warner were 
found Captain Perry and McKay, who had returned 
from a scout to the south-east without finding an 
Indian; while Archie Mclntosh, a half-breed Boise 
scout, had brought in eleven prisoners, making forty- 
six killed and captured by the allies within two weeks. 

On the 3d of August Crook set out on a recon- 
noissance to Selvie River and Harney Valley, with 
the object of locating another winter post, escorted by 
Lieutenant Stanton, with a detachment of Captain 
Perry s company, and Archie Mclntosh with fifteen 
scouts. The point selected was at the south end of 
the Blue Mountains, on the west side, and the camp 
was named Harney. 26 

On the 16th of August, by a general order issued 
from headquarters military division of the Pacific, 
the district of Boise was restricted to Fort Boise. 
Camp Lyon, Camp Three Forks of the Owyhee, and 
Camp C. F. Smith were made to constitute the dis 
trict of Owyhee, 27 and placed under the command 
of General Elliott, 1st cavalry. Fort Klamath and 
camps Watson, Warner, Logan, and Harney were 
designated as constituting the district of the lakes, 
and assigned to the command of Crook, who also had 

26 Gen. Orders Dept Columbia, Nov. 26, 1867. 

** A few months later Bois6 was incorporated in the district of Owyhee. 



538 THE SHOSHONE WAR. 

command of the troops at Camp Bidwell, should he 
require their services. 

Having at last obtained a partial mount for his 
infantry, Crook set out about September 1st for that 
part of the country from which he believed the re- 
enforcements of the Indians to come, with three com 
panies of cavalry, one of mounted infantry, and all 
the Indian allies. It was hoped by marching at night 
and lying concealed by day to surprise some consid 
erable number of the enemy. But it was not until 
the 9th that Darragh reported finding Indians in the 
tules about Lake Abert. On proceeding from camp 
on the east side of Goose Lake two days in a north 
course, the trail of a party of Indians was discovered, 
but Crook believed them to be going south, and di 
viding his force, sent captains Perry and Harris and 
the Warm Spring allies north to scout the country 
between Sprague and Des Chutes rivers, taking in 
Crooked River and terminating their campaign at 
Camp Harney in Harney Valley. 

At the same time he took a course south-east to 
Surprise Valley, with the mounted infantry under 
Madigan, one cavalry company under Parnell, and the 
Boise scouts under Mclntosh. Having found that 
there were Indians in the mountains east of Goose 
Lake, but having proof that they had also discovered 
him, instead of moving at night, as heretofore, he 
made no attempt to conceal himself, but marched 
along the road as if going to Fort Crook, and actually 
did march to within twenty miles of it; but when he 
came to a place where he was concealed by the moun 
tains along the river on the south side, he crossed 
over and encamped in a timbered canon. 

On the 25th the command was marched in a course 
south-east, along the base of a spur of the mountains 
covered with timber. While passing through a ra 
vine a small camp of Indians was discovered, who 
fled, and were not pursued. Coining soon after to a 
plain trail leading toward the south fork of Pit River, 



CEOOK ON PIT RIVER. 539 

it was followed fifteen miles, and the camp for the 
night made in a canon timbered with pine, with good 
grass and water. Signs of Indians were plenty, but 
the commander was not hopeful. The horses were 
beginning to fail with travelling over lava-beds, and 
at night; the Indians were evidently numerous and 
watchful; and there was no method of determining at 
what point they might be expected to appear. Fore 
warned in a country like that on the Pit River, the 
advantages were all on the side of the Indians. 

The march on the 26th led the troops over high 

table-land, eastward along a much used trail, where 



tracks of horses and Indians were frequent, leading 
finally to the lava-bluffs overlooking the south branch 
of Pit River, and through two miles of canon down 
into the valley. Here the troops turned to the north 
along the foot of the bluffs, and when near the bend 
of the river the scouts announced the discovery of 
Indians in the rocks near by. Crook prepared for 
battle by ordering Parnell to dismount half his men 
and form a line to the south of the occupied rocks, 
while Madigan formed a similar line on the north side, 
the two uniting on the east in front of the Indian po 
sition. Mclntosh with his scouts was ordered back 
to the bluff overlooking the valley, the troops getting 
into position about one o clock, and the Indians wait 
ing to be attacked in the rocks. 

The stronghold was a perpendicular lava- wall, three 
hundred feet high, and a third of a mile long on the 
west side of the valley. At the north end was a 
ridge of bowlders, and at the south end a canon. In 
front was a low sharp ridge of lava-blocks, from which 
there was a gradual slope into the valley. These sev 
eral features of the place formed a natural fortification 
of great strength. But there were yet other features 
rendering it even more formidable. Running into its 
south-eastern boundary were two promontories, a hun 
dred and fifty feet in length, thirty in height, with 
perpendicular walls parallel to each other and about 



540 THE SHOSHONE WAR. 

thirty feet apart, making a scarped moat which could 
not be passed. At the north end of the eastern 
promontory the Indians had erected a fort of stone, 
twenty feet in diameter, breast-high, pierced with 
loop-holes; and on the western promontory two larger 
forts of similar construction. Between this fortress 
and the bluff where the scouts were stationed were 
huge masses of rocks of every size and contour. The 
only approach appearing practicable w r as from the 
eastern slope, near which was the first fort. 

At the word of command Parnell approached the 
canon on the south. A volley was fired from the 
fort, and the Indians fell back under cover, when 
the assailants by a quick movement gained the shelter 
of the rocky rim of the ravine; but in reconnoitring 
immediately afterward they exposed themselves to 
another volley from the fort, which killed and 
wounded four men. It was only by siege that the 
foe could be dislodged. Accordingly Eskridge, who 
had charge of the horses, herders, and supplies, was 
ordered to go into camp, and preparations were made 
for taking care of the wounded, present and pro 
spective. 

The battle now opened in earnest, and the after 
noon was spent in volleys from both sides, accom 
panied by the usual sounds of Indian warfare, in 
which yells the troops indulged as freely as the Ind 
ians. A squad of Parnell s men were ordered to the 
bluff to join the scouts, and help them to pour bullets 
dow r n into the round forts. The Indians were entirely 
surrounded, yet such was the nature of the ground 
that they could not be approached by men in line, and 
the firing was chiefly confined to sharp-shooting. The 
range from the bluffs above the fort was about four 
hundred yards, at an angle of forty-five degrees; and 
hundreds of shots were sent during the afternoon 
down among them. From the east fort shots could 
reach the bluff from long-range guns, and it was neces 
sary to keep under cover. All the Indians who could 



BATTLE OF THE BLUFF. 541 

be seen were clad only in a short skirt, with feathers 
in their hair. One of them, notwithstanding the cor 
don of soldiers, escaped out of the fortress over the 
rocky ridge and bluff, giving a triumphant whoop as 
he gained the level ground, and distancing his pur 
suers. It was conjectured that he must have gone 
either for supplies or reeriforcemerits. 

Thus wore away the afternoon. As night ap 
proached Crook, who by this time had reconnoitred 
the position from every side, directed rations to be 
issued to the pickets stationed around the stronghold 
to prevent escapes. When darkness fell the scouts 
left the bluff and crept down among the rocks of the 
ridge intervening between the bluff and the fortress, 
getting within a hundred feet of the east fort. The 
troops also now carefully worked themselves into the 
shelter of the rocks nearer to the Indians, who evi 
dently anticipated their movements and kept their 
arrows flying in every direction, together with stones, 
which they threw at random. In the cross-fire kept 
up in the dark one of Madigan s men was killed by 
Parn ell s company. All night inside the forts there 
was a sound of rolling about and piling up stones, 
as if additional breastworks were being constructed. 
Whenever a volley was fired by the troops in the 
direction of these noises, a sound of voices was heard 
reverberating as if in a cavern. During the early 
part of the night there were frequent flashes of light 
ning and heavy peals of thunder. In the mean time 
no change was apparent in the position of affairs. 

At daybreak Parnell and Madigan were directed 
to bring in their pickets and form under the crest of 
the ridge facing the east fort, while the scouts were 
ordered to take position on the opposite side of the 
ridge, and having first crawled up the slope among 
the rocks as far as could be done without discovering 
themselves, at the word of command to storm the 
fort. 28 At sunrise the command Forward! was given. 

28 The general talked to the men like a father; told them at the word 



542 THE SHOSHONE WAR. 

The men, about forty in number, sprang to their feet 
and rushed toward the fort. They had not gone 
twenty paces when a volley from the Indians struck 
down Lieutenant Madigan, three non-commissioned 
officers, three privates, and one citizen eight in all. 
The remainder of the storming party kept on, crossing 
a natural moat and gaining the wall, which seemed to 
present but two accessible points. Up one of these 
Sergeant Russler, of Company D, 23d infantry, led the 
way; and up the other, Sergeant Meara and Private 
Sawyer, of Company H, 1st cavalry, led at different 
points. Meara was the first to reach a natural para 
pet surrounding the east fort on two sides, dashing 
across which he was crying to his men to come on, 
when a shot struck him and he fell dead. At the 
same moment Russler came up, and putting his gun 
through a loop-hole fired, others following his exam 
ple. He was also struck by a shot. 

It was expected that the Indians, being forced to 
abandon the enclosure which was now but a pen in 
which all might be slaughtered, would be easily shot 
as they came out, and some of the men disposed 
themselves so as to interrupt their anticipated flight; 
but what was the surprise of all to see that as fast as 
they left the fort they disappeared among the rocks 
as if they had been lizards. In a short time the 
soldiers had possession of the east fort, but a moment 
afterward a volley corning across from the two forts on 
the west, and scattering shots which appeared to come 
from the rocks beneath, changed the position of the 
besiegers into that of the besieged. Several men 
more were wounded, one more killed, and the situa 
tion became critical in the extreme. 

But notwithstanding the Indians still had so greatly 
the advantage, they seemed to have been shaken in 
their courage by the boldness of the troops in storm- 
Forward ! they should rise up quick, go with a yell, and keep yelling, 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 
Oregonian, Nov. 12, 1867. 



ESCAPE OF THE WARRIORS. 543 

ing the east fort, or perhaps they were preparing a 
surprise. A continuous lull followed the volley from 
the west forts, which lasted, with scattering shots, until 
noon, though the men exposed themselves to draw the 
fire of the enemy and uncover his position. One shot 
entered a loop-hole and killed the soldier stationed 
there. Shots from the Indians became fewer during 
the afternoon, while the troops continued to hold the 
east fort, and pickets were stationed who kept up a 
fire wherever any sign of life appeared in the Indian 
quarter. The west forts, being inaccessible, could not 
be stormed. There was nothing to do but to watch 
for the next movement of the Indians, who so far 
as known were still concealed in their fortifications, 
where the crying of children and other signs of life 
could be heard through the day and night of the 27th. 
On the morning of the 28th, the suspense having 
become unbearable, Crook permitted an Indian woman 
to pass the lines, from whom he received an explana 
tion of the mysterious silence of the Indian guns. 
Not a warrior was left in the forts. By a series of 
subterranean passages leading to the canon on the 
south-west, they had all escaped, and been gone for 
many hours. An examination of the ground revealed 
the fact that by the means of fissures and caverns in 
the sundered beds of lava, communication could be 
kept up with the country outside, and that finding 
themselves so strongly besieged they had with Ind 
ian mutability of purpose given up its defence, and 
left behind their women and children to deceive the 
troops until they were safely away out of danger. To 
attempt the examination of these caves would be fool 
hardy. A soldier, in descending into one, was shot 
through the heart, probably by some wounded Indian 
left in hiding there. The extent and depth of the 
caverns and fissures would render futile any attempt 
to drive out the savages by fire or powder. Nothing 
remained but to return to Camp Warner, which 
movement was begun on the 30th, and ended on the 



544 THE SHOSHONE WAR. 



4th of October at the new post in the basin east of 
Lake Abert. 

The result of this long-projected campaign could 
not be said to be a victory. According to Wassen, 
it was not claimed by the troops that more than fif 
teen Indians were killed at the Pit River fortress, 
while the loss sustained by the command in the two 
days siege was eight killed and twelve wounded. 29 
That General Crook sacrificed his men in the affair of 
Pit River in his endeavor to achieve what the public 
expected of him is evident, notwithstanding the laud 
atory and apologetic accounts of the correspondents 
of the expedition. Had he let his Indian scouts do 
the fighting in Indian fashion, while he held his troops 
ready to succor them if overpowered, the result might 
have been different. One thing, indeed, he was able 
to prove, that the foe was well supplied with ammu 
nition, which must have been obtained by the sale of 
property stolen in marauding expeditions to the north. 
Stored among the rocks was a plentiful supply of 
powder and caps, in sacks, tin cans, and boxes, all 
quite new, showing recent purchases. The guns found 
were of the American half-stocked pattern, indicating 
whence they had been obtained, and no breech-loading 
guns were found, though some had been previously 
captured by these Indians. 

The expedition under Perry, which proceeded north, 

29 There is a discrepancy between the military report, which makes the 
number of killed five, and Wassen s, which makes it eight; but I have fol 
lowed the latter, because his account gives the circumstances and names. The 
list is as follows: Killed: Lieut John Madigan, born in Jersey City, N. J.; 
sergeants Charles Barchet, born in Germany, formerly of 7th Vt volunteers, 
Michael Meara, born in Galway, Ireland, 18 years in U. S. A., and Sergeant 
Russler; privates James Lyons, born in Peace Dale, R. I.; Willoughby 
Sawyer, born in Canada West; Carl Bross, born in Germany, lived in Newark, 
N. J.; James Carey, from New Orleans. Wounded: corporals MoCann, Fo- 
garty, Firman; privates Clancy, Fisher, Kingston, McGuire, Embler, Barbes, 
Shea, Enser; and Lawrence Traynor, civilian. The remains of Lieut Madi 
gan were taken one day s march from the battle-field, and buried on the north 
bank of Pit River, about twenty miles below the junction of the south 
branch. The privates were buried in the valley of the south branch, half a 
mile north of the forts. The wounded were conveyed on mule litters to New 
Camp Warner. Corr. 8. F. Bulletin, in Portland Herald, Dec. 10, 1867; J. 
Waesen. in Oregonian, Nov. 12, 1867; Hayes 1 Indian Scraps, v. 141; Gen 
eral Order Dept Columbia, no. 32, 1867. 



CAMPAIGNS AND DEPREDATIONS. 545 

failed to find any enemy. Lieutenant Small, how-, 
ever, with fifty-one men from Fort Klamath and 
ten Klamath scouts, was more successful, killing 
twenty-three and capturing fourteen in the vicinity of 
Silver and Abert lakes, between the 2d and 22d of 
September. Among the killed were two chiefs who 
had signed the treaty of 1864, and an influential med 
icine-man. Panina having also been killed by citizens 
while on a foray on the Canon City and Boise road 
in April, as will be remembered, there remained but 
few of the chiefs of renown alive. 30 

For about two months of the summer of 1867, 
while Captain Wildy of the 6th cavalry w r as stationed 
on Willow Creek in Mormon Basin, to intercept the 
passage north of raiding parties, the people along the 
road between John Day and Snake rivers enjoyed 
an unaccustomed immunity from depredations. But 
early in September Wildy was ordered to Fort Crook, 
in California, and other troops withdrawn from the 
north to strengthen the district of the lakes. Know 
ing what would be the effect of this change, the in 
habitants of Baker county petitioned Governor Woods 
for a permanent military post in their midst, but peti 
tioned in vain, because the governor was not able to 
persuade the general government to listen favorably, 
nor to dictate to the commander of the department of 
the Columbia what disposition to make of his forces. 
Wildy s company had hardly time to reach Fort Crook 
when the dreaded visitations began. 31 About the last 

Z0 0regonian, Nov. 4 and 12, 1867; Jacksonville Sentinel, Sept. 28, 1867; 
Yreka Union, Oct. 5, 1867; S. F. Alta, Sept. 28, J867. 

1 The first attack was made Sept. 28th upon J. B. Scott, who with his 
wife and children was driving along the road between Rye Valley and their 
home on Burnt River. Scott was killed almost instantly, receiving two fatal 
wounds at once. The wife, though severely wounded, seized the reins as 
they fell from the hands of her dead husband, and urging the horses to a run, 
escaped with her children, but died the following day. This attack was fol 
lowed by others in quick succession. Oregonian, Oct. 4, 7, 9, 1867; Umatilla 
Columbia Press, Oct. 5, 1867. On the morning of the 3d of October a small 
band of Indians plundered the house of a Mr Howe, a few miles east of Camp 
Logan, and a detachment of seven men of company F, 8th cavalry, was sent 
under Lieut Pike to pursue them. Pike may have been a valuable officer, 
HIST. OB., VOL. II. 35 



546 THE SHOSHONE WAR. 

of October General Steele ordered a cavalry company 
to guard the roads and do picket duty in the Burnt 
River district. 

But depredations were not confined to the Oregon 
side of Snake River. They were quite as frequent in 
Boise and Owyhee districts, where there was no lack 
of military camps. So frequent were the raids upon 
the stock-ranges 32 that the farmers declared they must 
give up their improvements and quit the country 
unless they w r ere stopped. At length they organized 
a force in the lower Boise Valley. Armed with guns 
furnished by Fort Boise, and aided by a squad of sol 
diers from that post, they scouted the surrounding 
country thoroughly, retaking some stock and killing 
two Indians. 33 But while they recovered some of their 
property, the stage station at the mouth of the 
Payette River was robbed of all its horses. 34 And 
this was the oft-repeated experience of civil and mili 
tary parties. Blood as well as spoils marked the course 
of the invaders. 35 Stages, and even the Snake River 

but he was not experienced in Indian-fighting. He was eagerly pushing for 
ward after the guides, who had discovered the camp of the thieves, when he 
imprudently gave a shout, which sent the savages flying, leaving a rifle, which 
in their haste was forgotten. Pike very foolishly seized it by the muzzle and 
struck it on a rock to destroy it, when it exploded, wounding him fatally, 
which accident arrested the expedition; and a second, under Lieut Kauffman, 
failed to overtake the marauders. Oregonian, Nov. 4, 1867; Gen. Order Head 
quarters Dept Columbia, no. 3*2. 

32 On the night of Oct. 3d, within half a mile of Owyhee City, Joseph F. 
Colwell, a highly respected citizen, was killed, scalped, and burned. On the 
following night a raid was made on the cattle in Jordan Valley, within 3 miles 
of Silver City. Four separate incursions were made into Boise" Valley during 
the autumn. Owyhee Avalanche, Oct. 5, 1867; Boise Statesman, Oct. 22, Dec. 
17, 1867; Boise Democrat, Dec. 21, 1876. 

33 A farmer who belonged to the volunteer company of Boise* Valley stated 
that one of the Indians killed ~\vas branded with a circle and the figures 1845, 
showing that 22 years before he had been thus punished for offences of a simi 
lar kind. 

34 There was a chief known to his own people as Oulux, and to the settlers 
as Bigfoot, who led many of these raids. He was nearly 7 feet in height, and 
powerfully built, with a foot 14f inches in length. The track of this Indian 
eould not be mistaken. He was in Crook s first battle in the spring, on the 
Owyhee, with another chief known as Littlefoot. Yreka Union, Feb. 9, and 
Nov. 11, 1867. Bigfoot was killed by an assassin, who lay in wait for him, 
and his murderer promised him to guard from the public the secret of his 
death, of which he was ashamed. 

36 On the 21st of October, in the morning, occurred one of the most painful 
of the many harrowing incidents of the Shoshone war. Two sergeant, named 



STEELE RETIRES. 647 

steamer Slwslwne, were attacked. Letters and news 
papers were found in Indian camps clotted with human 
gore. The people, sick of such horrors, cried loudly 
for relief. But at this juncture, when their services 
were most needed, the Indian allies were mustered 
out, although General Steele, in making his report, 
fully acknowledged their value to the service, saying 
they had done most of the fighting in the late expe 
ditions, and proved efficient guides and spies. 36 

On the 23d of November Steele relinquished the 
command of the department of the Columbia, 37 which 

Nichols and Denoille, left Camp Lyon in a four-horse ambulance to go to Fort 
Boise", Deiioille having with him his wife, who was in delicate health. Nine 
miles from camp, while passing through a rocky canon, they were attacked by 
Indians in ambush, and Denoille, who was driving, was killed at the first fire. 
Nichols, not knowing that his comrade was hit, was giving his attention to the 
Indians, when Denoille fell out of the wagon dead, and the horses becoming 
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 Mrs Denoille, 
whom he urged to conceal herself before the Indians came up; but being bereft 
of her reason by the shock of the tragedy, she insisted on returning to find her 
husband; and Nichols, hiding among the rocks, escaped to Carson s farm that 
evening. When a rescuing party went out from Silver City after Denoille s 
body, which was stripped and mutilated, nothing could be learned of the fate 
of his wife. A scouting party was immediately organized at Camp Lyon. At 
the Owyhee River the troops came upon a camp, from which the inmates fled, 
leaving only two Indian women. These women declared that Mrs Denoille 
had not been harmed, but was held for ransom. One of them being sent to 
inquire what ransom would be required, failed to return, when the troops re 
treated to camp to refit for a longer expedition. Col Coppinger and Capt. 
Hunt immediately resumed the pursuit, but the Indians had escaped. About 
the middle of Dec. a scouting party attacked a camp of twenty savages, kill 
ing five and capturing six. Some of Mrs Denoille s clothing was found on one 
of the captured women, who said that the white captive was taken south to 
Winnemucca to be held for a high ransom. It was not until in the summer 
of 1868 that the truth was ascertained, when to a scout named Hicks was 
pointed out the place of the woman s death, and her bleaching bones. She 
had been taken half a mile from the road where the attack was made, dragged 
by the neck to a convenient block of stone, her head laid upon it, and crushed 
with another stone. The Indian who described the scene, and his part in it, 
was riddled by the bullets of the company. Boise Statesman, Oct, 24, 26, and 
Dec. 17, 1867; Owyhee Avalanche, June 13, 1868. 

* Kept Sec. War, 1867-8, i. 79; Oregonian, Dec. 23, 1867. 
37 Steele was born in Delhi, N. Y., graduated at West Point in 1843, and 
received a commission as 2d lieut in the 2d reg. U. S. inf. He served under 
Scott in Mexico, and was bre vetted 1st lieut, then captain, for gallant conduct 
at the battles of Contreras and Chapultepec; and was present at the taking 
of the city of Mexico. After the Mexican war he was stationed in Cal., on 
duty as adj. to Gen. Riley. At the outbreak of the rebellion he was ordered 
to Missouri, where he was soon promoted to the rank of major in the llth U. 
S. inf. For gallant services at VV T ilson s Creek, he was made a brig. gen. of 
volunteers; and for subsequent services brevetted maj. gen. On leaving Ore 
gon he was granted an extended leave of absence, from which he anticipated 
much pleasure, but died suddenly of apoplexy, in S. F. 



548 THE SHOSHONE WAR. 

was assumed by General L. H. Rosseau, who, how 
ever, made no essential changes in the department. 
Arrangements were continued in each district for a 
winter campaign of great activity. 38 The military 
journals contain frequent entries of skirmishes, with a 
few Indians killed, and more taken prisoners; with 
acknowledgments of some losses to the army in each. 
Crook, whose district was in the most elevated por 
tion of the country traversed, kept some portion of 
the troops continually in the field, marching from ten 
to twenty miles a day over unbroken fields of snow 
from one to two feet in depth. In February he was 
on Dunder and Blitzen Creek, 39 south of Malheur 
Lake, where he fought the Indians, killing and cap 
turing fourteen. While returning to Warner, a few 
nights later, the savages crept up to his camp, and 
killed twenty-three horses and mules by shooting 
arrows into them and cutting their throats. Crook 
proceeded toward camp Warner, but sent back a de 
tachment to discover whether any had returned to 
feast on the horse-flesh. Only two were found so en 
gaged, who were killed. Another battle was fought 
with the Indians, in the neighborhood of Steen Moun 
tain, on the 14th of April, when several were killed. 

The troops at Camp Harney made a reconnoissance 
of the Malheur country in May, which resulted in 
surprising ten lodges on the north fork of that river 
near Castle Rock, or as it was sometimes called, Mal 
heur Castle, and capturing a number of the enemy, 
among whom was a notorious subchief known as E. 
E. Gantt, who professed a great desire to live there 
after in peace, and offered to send couriers to bring in 
his warriors and the head chief, Wewawewa, who, he 
declared, was as weary of conflict as himself. 40 On 

58 See general order No. 5 district of Owyhee. in Oregonian, Nov. 1867. 

39 So named by Curry s troops, who crossed it in a thunder-storm in 1864. 
Kept Adjt-Gen. Or., 1866, 41. 

40 Gantt had reasons for his humility. He had been engaged in several 
raids during this spring, driving off the stock from Mormon basin between 
Burnt and Malheur rivers, and capturing two trains of wagons. At length 
the farmers organized a company, and in concert with the troops from Camp 



HALLECK S ORDERS. 549 

this promise he was released, his family, and in all 
about sixty prisoners, with their property, and the 
stock plundered from the settlers remaining in the 
hands of the troops. A messenger was sent to inter 
cept General Crook, who, having been temporarily 
assigned to the command of the department of the 
Columbia, was on his way to the north. 

The Indians had sustained some reverses in Idaho, 
among which was the killing of thirty-four who had 
attacked the Boise stage in May, killing the driver 
and wounding several other persons. Many prisoners 
had also been taken during the winter, and some had 
voluntarily surrendered. Rosseau had issued an order 
in February that all the Indians taken in the district 
of Owyhee should be sent under guard to Vancouver, 
and those taken in the district of the lakes should be 
sent to Eugene City, via Fort Klamath, to be deliv 
ered to the superintendent of Indian affairs. Those 

at Boise took advantage of a severe storm, when the 

. 
guards were less vigilant than usual, to recover their 

freedom; but as they only escaped to find themselves 
given up by their chiefs, it was a matter of less con 
sequence. 

According to an order of Halleck s, no treaty could 
be made with the Indians by the officers in his divis 
ion without consulting him, and it became necessary 
for Crook to wait for instructions from San Francisco. 
He repaired in the mean time to Camp Harney, where 

Colfax, inflicted severe chastisement on a portion of this band. Bigfoot, also, 
on the east side of Snake River, was captured by the farmers company of the 
Payette and the troops from Boise" fort, who happened to come upon his camp at 
the same time, surrounding it, when the Indians surrendered. Oreijonian, June 
24, 1868. Meanwhile, in the Owyhee district the usual murderous attacks 
had been going on. In May the Indians again shot and killed the driver of 
the stage, Robert Dixon, between Boise" City and Silver City; and shot and 
wounded the passengers in another wagon. In March they had murdered n, 
farmer named Jarvis, near Carson s farm. Owyhee A valanche, March 21, 1868. 
In June they stole stock and killed a young man named Jonas Belknap, in 
Mormon basin, who went to recover the horses, cutting his body to pieces, 
and sticking it full of pointed rods with slices of fat bacon on the ends. Boise 
Statesman, June 13, 1868. The party which went to find these Indians was 
attacked in a canon, and Alex. Sullivan was killed. 



550 THE SHOSHONE WAR. 

t the principal chiefs of the hostile bands were assem 
bled, and where a council was held on the 30th of 
June. 

" Do you see any fewer soldiers than two years ago?" 
asked he. "No; more." "Have you as many war 
riors?" "No; not half as many." "Very well; that 
is as I mean to have it until you are all gone." 41 The 
chiefs knew this was no empty threat, and were terri 
fied. They sued earnestly for peace, and Crook made 
his own terms. He did not offer to place them on a 
reservation, where they would be fed while they idled 
and plotted mischief. He simply told them he would 
acknowledge Wewawewa as their chief, who should 
be responsible for their good conduct. They might 
return free into their own country, and establish their 
headquarters near Castle Rock on the Malheur, and so 
long as they behaved themselves honestly and prop 
erly they would not be molested. These terms were 
eagerly accepted, and the property of their victims 
still in their possession was delivered up. 42 

Crook had no faith in reservations, yet he felt that 
to leave the Indians at liberty was courting a danger 
from the enmity of white men who had personal 
wrongs to avenge which might provoke a renewal of 
hostilities. To guard against this, he caused the terms 
of the treaty to be extensively published, and appealed 
to the reason and good judgment of the people, re 
minding them what it had cost to conquer the peace 
which he hoped they might now enjoy. 43 With regard 
to the loss of life by fighting Indians in Oregon and 
Idaho up to this time, it is a matter of surprise that it 
was so small. The losses by murderous attacks out of 
battle were far greater. From the first settlement of 
Oregon to June 1868, the whole number of persons 

41 See letter to Gov. Ballard of Idaho, in Oregonian, July 29, 1868; Over 
land Monthly, 1869, 162. 

42 Among the relics returned were articles belonging to three deserting 
soldiers, whose fate was thus ascertained. 

43 Mess, and Docs, 1868-9, 380-6j Hayes Indian Scraps, v. 142; Oregonian, 
July 13, 1868. 



TREATY OF PEACE. 551 

known to be killed and wounded by Indians was 1,394. 
Of these only about 90 were killed or wounded in battle. 
The proportion of killed to wounded was 1,130 to 264, 
showing how certain was the savage aim. A mighty 
incubus seemed lifted off the state when peace was 
declared. General Crook, now in command of the 
department, was invited to Salem at the sitting of 
the legislative assembly to- receive the thanks of that 
body. 44 

The treaty which had been made was with the 
Malheur and Warner Lake Shoshones only. There 
were still some straggling bands of Idaho Shoshones 
who were not brought in until August; and the troops 
still scouting on the southern border of Oregon con 
tinued for some time to find camps of Pah Utes, and 
also of the Pit River Indians, with whom a council was 
subsequently held in Round Valley, California. Early 
in July between seventy and eighty of Winnemucca s 
people with three subchiefs were captured, and sur 
rendered at Camp C. F. Smith, " where," said Crook 
in one of his reports, "there seems to be a disposition 
to feed them, contrary to instructions from these 
headquarters." 

The Indians had submitted to force, but it was a 
tedious task, subjecting them to the Indian depart 
ment, which had to be done. Crook had said to them, 
"You are free as air so long as you keep the peace;" 
but the Indian superintendent said, "You signed a 
treaty in 1865 which congress has since ratified, and 
you must go where you then agreed to go, or forfeit 
the benefits of the treaty; and we have, besides, the 
power to use the military against you if you do riot." 
This argument was the last resorted to. The tone of 
the Indian department was conciliatory; sometimes 
too much so for the comprehension of savages. They 
never conceded anything unless forced to do so, and 
how should they know that the white race practised 

44 See Senate Joint Resolution, no. 6, in Or. House Jour., 1868, 85-6; Or. 
Laws, 1868, 99-100, 102-3; Or. Legis. Docs, 1868; Governor s Message, 4-5. 



552 THE SHOSHONE WAR. 

such magnanimity? Crook cautioned his subordi 
nates on this point, telling them to disabuse the minds 
of the Indians of the notion that the government was 
favored by their abstinence from war. 

Superintendent Huntington, who had talked with 
Wewa\vewa about the settlement of his people, was 
told that the Malheur Indians would consent to go 
upon the Siletz reservation in western Oregon, but 
that those about Camp Warner would not, and noth 
ing was done toward removing them in 1868. Mean 
time Huntington died, and A. B. Meacham was 
appointed in his place. A small part of the Wolpape 
and Warner Lake Shoshones consented to go upon the 
east side of Klamath reservation; but in 1869 most 
of these Indians were at large, and sufficiently un 
friendly to alarm the white inhabitants of that part of 
the state. 

And now the bad effects of the late policy began to 
appear. When the Shoshones were first conquered 
they would have gone wherever Crook said they must 
go. But being so long free, they refused to be placed 
on any reservation. Other tribes, imitating their ex 
ample, W 7 ere restless and dissatisfied, even threatening, 
and affairs assumed so serious an aspect that Crook 
requested the commander of the division to withdraw 
no more troops from Oregon, as he felt assured any 
attempt to forcibly remove the Indians a measure 
daily becoming more necessary to the security of the 
settlements would precipitate another Indian war, 
and that the presence of the military was at that time 
necessary to restrain many roving bands from com 
mitting depredations. 45 

About the 20th of October Superintendent Mea 
cham, assisted by the commanding officer at Camp 
Harney, held a council with the Indians under We- 

45 The facts here stated are taken from the military correspondence in the 
dept of the Columbia, copied by permission of General Jeff C. Davis, to whose 
courtesy I have been much indebted. For convenience, I shall hereafter refer 
to these letters as Military Correspondence, with appropriate date. The above 
expression of opinion was dated May 8, 1869. 



LATER TROUBLES. 553 

wawewa, which ended by their declining to go upon 
the Klamath reservation as requested, because Crook, 
who could have persuaded them to it, declined to do 
so, 46 for the reason that he believed that Meacham 
had promised more than he would be able to perform. 

Early in November Meacham held a council with 
the Indians assembled at Camp Warner under Otsehoe, 
a chief who controlled several of the lately hostile 
bands, and persuaded this chief to go with his fol 
lowers upon the Klamath reserve. But the war 
department gave neither encouragement nor material 
assistance, although Otsehoe and other Indians about 
Warner Lake were known to Crook to be amongst 
the worst of their race, and dangerous to leave at 
large. 47 

True to his restless nature, Otsehoe left the reser 
vation in the spring of 1870, where his people had 
been fed through the winter. They deserted in de 
tachments, Otsehoe remaining to the last; and when 
the commissary required the chief to bring them back, 
he replied that Major Otis desired them to remain at 
Camp Warner, a statement which was true, at least 
in part, as Otis himself admitted. 4S 

Otsehoe, however, finally consented to make his 
home at Camp Yainax, so far as to stay on the reser- 

46 I did not order them to go with Mr Meacham, for the reason that I have 
their confidence that I will do or order only what is best and right, both 
for themselves and the government. Military Correspondence, Dec. 7, 1869. 

47 Among these bands, says Gen. Crook, and those near Harney, are 
some as crafty and bad as any I have ever seen, and if they are retained in 
the vicinity of their old haunts, and the Indian department manages them as 
they have other tribes in most cases, they will have trouble with them. Mil 
itary Correspondence, March 4, 1809. 

48 I do not remember giving any Indians permission to stay here, but I 
have said that if they came I would not send them back, because they said 
they could live better here. I shall, however, advise the Indians to go over 
and see Mr Meacham, in the hope that he will rectify any neglect or wrong 
that may have been done them. Otis to Ivan D. Applegate, in Military Cor 
respondence, July 18, 1870. Applegate, in reply, says that the Indians were 
well fed and well treated during the winter, but that crickets had destroyed 
their growing grain, and Meacham s arrival had been delayed, owing to the 
tardiness of the Indian department in the east, besides which reasons, suffi 
cient to discourage the unstable Indian mind, Archie Mclntosh, one of the 
Boise Indian scouts, had been making mischief on the reservation, by repre 
senting that Otsehoe was wanted with his people at Camp Warner. 



554 THE SHOSHONE WAR. 

vation during the winter season, but roving abroad in 
the summer through the region about Warner and 
Goose lakes. In March 1871, by executive order, a 
reservation containing 2,275 square miles was set 
apart, on the north fork of the Malheur River, for 
the use of the Shoshones. In the autumn of 1873 a 
portion of them were induced to go upon it, most of 
whom absented themselves on the return of summer. 
Gradually, however, and with many drawbacks, the 
Indian department obtained control of these nomadic 
peoples, who were brought under those restraints 
which are the first step toward civilization. 4 

With the settlement of the Shoshones upon a res 
ervation, the title of the Indians of Oregon to lands 
within the boundaries of the state was extinguished. 
The Grand Rond reservation in the Willamette Val 
ley was afterward purchased of the Indians and thrown 
open to settlement. The Malheur reservation was 
abandoned, the Indians being removed to Washing 
ton. 50 Propositions have been made to the tribes 
on the Umatilla reservation to sell their lands, some 
of the best in the state, but so far with no success, 
these Indians being strongly opposed to removal. 
Ten years after the close of the Shoshone war, claim 
was laid by a chief of the Nez Perces to a valley in 
north-eastern Oregon, the narrative of which I shall 
embody in the history of Idaho. Thus swiftly and 
mercilessly European civilization clears the forests of 
America of their lords aboriginal, of the people placed 
there by the almighty for some purpose of his own, 
swiftly and mercilessly clearing them, whether done 
by catholic, protestant, or infidel, by Spaniard, Eng 
lishman, or Russian, or whether done in the name of 
Christ, Joe Smith, or the devil. 

49 Ind. Aff. Rept, 1873, 320-4; H. Ex. Doc., 99, 43d cong. 2d sess.; Owyhee 
Ai alanche, Oct. 11, 1873. 

50 Winnemucoa s people refused to remain at the Yakima agency, and made 
their exodus a few years ago to Nevada, whence they came. 



CHAPTER XXII. 

THE MODOC WAR. 
1864-1873. 

LAND or THE MODOCS KEINTPOOS, OR CAPTAIN JACK AGENTS, SUPERIN 
TENDENTS, AND TREATIES KEINTPOOS DECLINES TO Go ON A RESERVA- 
TIO N RAIDS TROOPS IN PURSUIT JACK TAKES TO THE LAVA-BEDS 
APPOINTMENT OF A PEACE COMMISSIONER ASSASSINATION OF CANBY, 
THOMAS, AND SHERWOOD JACK INVESTED IN HIS STRONGHOLD HE 
ESCAPES CRUSHING DEFEAT OF TROOPS UNDER THOMAS CAPTAIN JACK 
PURSUED, CAUGHT, AND EXECUTED. 

THE Modoc war, fought almost equally in California 
and Oregon, is presented in this volume because 
that tribe belonged to the Oregon superintendency, 
and for other reasons which will appear as I proceed. 
From the time that certain of Fremont s men were 
killed on the shore of Klamath Lake down to 1864, 
when superintendent Huntington of Oregon entered 
into a treaty with them and the Klamaths, the Modocs 1 
had been the implacable enemies of the white race, 
and were not on much more friendly terms with other 
tribes of their own race, sustaining a warlike char 
acter everywhere. They lived on the border-land be 
tween California and Oregon, but chiefly in the latter, 
the old head chief, Sconchin, having his home on 
Sprague River, which flows into the upper Klamath 
Lake, and the subchiefs in different localities. 

Keintpoos, a young subchief, had his 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. Historical Correspondence, MS. 

(555) 



556 THE MODOC WAR. 

anywhere about Tule Lake, ranging the country from 
Link River, between the two Klamath lakes, to 
Yreka, in California. He was called Captain Jack by 
the white settlers, on account of some military orna 
ments which he had added to his ordinary shirt, trou 
sers, and cap; was not an unadulterated savage, having 
lived long enough about mining camps to acquire some 
of the vices of civilization, and making money by the 
prostitution of the women of his band more than by 
honest labor. Some of the boys of this band of 
Modocs were employed as house-servants in Yreka, 
by which means they acquired a good understand 
ing of the English language, and at the same time 
failed not to learn whatever of evil practices they 
observed among their superiors of the white race. 
During the civil war they heard much about the pro 
priety of killing off the white people of the north, and 
other matters in harmony with their savage instincts; 
and being unable to comprehend the numerical strength 
of the American people, conceived the notion that this 
was a favorable time to make war upon them, while 
their soldiers were fighting a long way off. 

E. Steele, Indian superintendent of California, when 
he entered upon the duties of his office in 1863, found 
the Klamaths and Modocs, under their chiefs Lalake 
and Sconchin, preparing to make war upon southern 
Oregon and northern California, having already be 
gun to perpetrate those thefts and murders which are 
a sure prelude to a general outbreak. The operations 
of the 1st Oregon cavalry and the establishment of 
Fort Klamath to prevent these outrages are known 
to the reader. In February 1864 the Modocs on the 
border of Oregon and California, who spent much of 
their time in Yreka, being alarmed lest punishment 
should overtake them for conscious crimes, sought the 
advice of Steele, who, ignoring the fact that they had 
been allotted to the Oregon superin tendency, took the 
responsibility of making with them a treaty of friend 
ship and peace. This agreement was between Steele 



STEELE S TREATY. 557 

individually and Keintpoos band of Modocs, and re 
quired nothing of them but to refrain from quarrels 
amongst themselves, and from theft, murder, child- 
selling, drunkenness, and prostitution in the white 
settlements. The penalty for breaking their agree 
ment was, to be given up to the soldiers. The treaty 
permitted them to follow any legitimate calling, to 
charge a fair price for ferrying travellers across streams, 
and to act as guides, if desired to do so. On the part 
of the white people, Steele promised protection when 
they came to the settlements, but advised their ob 
taining passes from the officers at Fort Klamath, to 
which they were informed that they would be required 
to report themselves for inspection. 

This action of Steele s, although prompted by a 
desire to prevent an outbreak, was severely criticised 
later. He was aware that congress had granted an 
appropriation for the purpose of making an official 
treaty between the superintendent of Oregon, the 
Modocs, and the Klamaths, and that the latter had 
been fed during the winter previous at the fort, in an 
ticipation of this treaty. For him to come in w r ith 
an individual engagement was to lay the foundation 
for trouble with the Modocs, who were entirely satis 
fied with a treaty, which left them free to visit the 
mining camps, and to perpetrate any peccadilloes which 
they were cunning enough to conceal, while a govern 
ment treaty which would restrain them from such privi 
leges was not likely to be so well received or kept. 
Keintpoos did, however, agree to the treaty of Octo 
ber 1864, at the council-grounds on Sprague River, 
whereby the Klamaths and Modocs relinquished to 
the United States all the territory ranged by them, 
except a certain large tract lying north of Lost River 
Valley. 

Sconchin, the head chief of all the Modocs, was now 
an old man. In his fighting days he had given immi 
grants and volunteer companies plenty to do to avoid 
his arrows. It was through his warlike activities 



553 THE MODOC WAR. 

that the rocky pass round the head of Tule Lake came 
to be called Bloody Point. Yet he had observed the 
conditions of the treaty faithfully, living with his band 
at his old home on Sprague River, within the limits 
of the reservation, and keeping his people quiet. But 
Keintpoos, or Captain Jack, as I shall henceforth call 
him, still continued to occupy Lost River Meadows, 
a favorite grazing-ground, where his band usually 
wintered their ponies, and to live as before a life com 
bining the pleasures of savagery and civilization, keep 
ing his agreement neither with Steele nor the United 
States, two of his followers being arrested in 1867 for 
distributing ammunition to the hostile Snakes. 

This practice, with other infringements of treaty 
obligations, led the agent in charge of the Klamath 
reservation in 1868 to solicit military aid from the 
fort to compel them to go upon the reserve, 2 which 
was not at that time granted. 

In 1869 the settlers of Siskiyou county, California, 
petitioned General Crook, in command of the Oregon 
department, to remove the Modocs to their reserva 
tion, saying that their presence in their midst was 
detrimental to the interests of the people. Crook 
replied that he would have done so before but for a 
report emanating from Fort Klamath that the Indian 
agent did not feed them. 3 After some weeks, how 
ever, he, on the demand of Superintendent A. B. 
Meacham, ordered Lieutenant Goodale, commanding 
at Fort Klamath, to put Jack and his band upon 
the reserve if in his belief the Indian department was 
prepared to care for them properly. Accordingly, in 
December, Meacharn obtained a detachment of troops 
and repaired to the ford on Lost River, where he had 
an interview with Jack, informing him of the purpose 
of the government to exact the observance of the 



2 YreTca Journal, Nov. 15, 1867; Woodbridge Messenger, Nov. 23, 1837; 
Aff. Rept, 1868, 124. 

3 Military Correspondence, Oct. 14, and Dec. 7, 1869; Ind. Aff. Rept, 1869, 
155; Pot tland Oreyonian, Aug. 4, 1868. 



MEACHAM AND CAPTAIN JACK. 559 

treaty. Jack hesitated and prevaricated, and during 
the night fled with a part of his followers to the lava- 
beds south of Tule Lake, leaving the camp in charge 
of two subchiefs, George and Riddle. But Meacham 
remained upon the ground, and after two or three 
days correspondence with Jack by means of messen 
gers, obtained his consent to come upon the reservation 
with his people, Jack at the same time confiding his 
resolve to George not to remain longer than he found 
it agreeable.* Meacham established Jack comfortably 
at Modoc Point, on Klamath Lake, by his own desire, 
where also Sconchin was temporarily located while 
improvements were being made upon the lands in 
tended for cultivation. 

As I have intimated, the military department threw 
doubts upon the manner in which the Indian depart 
ment provided for the wants of the Indians; and to 
prevent any occasion being given to Jack to violate 
treaty obligations, Captain O. C. Knapp was com 
missioned agent, 5 who was profuse in his allowances 
to the Modocs in order to cultivate their regard. But 
all in vain. Early in the spring Jack, pretending to be 
starved, but in reality longing for the dissipations of 
Yreka, and designing, by drawing away as many as pos 
sible of Sconchin s men, to become a full chief, left the 
reservation with his band, and returned to Lost River 
Valley, which was now being settled up by white 
cattle-raisers. This movement of Jack s caused Mea 
cham to accuse Knapp of permitting the Klamaths 
to annoy and insult the Modocs, thus provoking them 
to flight. Meacham was a man with a hobby. He 
believed that he knew all about the savage race, and 
how to control it. Like Steele, when he accepted 
the chieftainship of Jack s band in 1864, he was flat- 

4 0. C. Applerjate s Modoc History, MS., 2. This is a full and competent 
account of Modoc affairs from 1864 to 1873. No one has a more thorough and 
intelligent knowledge of the customs, manners, ideas, and history of this tribe 
than Mr Applegate. 

5 Military officers were, in the autumn of 1869, substituted for other agents 
at each of the reservations in eastern Oregon, and at several in California. 
Lid. A/. Kept, 1870, 51. 



560 



THE MODOC WAR. 



tered by the distinction of being the friend of these 
wild people, and his theory was that he could govern 
them through his hold on their esteem. Knapp was 
accused by Jack of causing his people to labor at mak 
ing rails for fencing, with providing insufficient food, 
and with moving them from place to place, although 
he had only proposed to remove them to land more 
suitable for opening farms, and furnished with wood 
and grass, 6 and this, Meacham said, was reason enough 



,0\VKR - A, 






Col. Mason, 
, 13, 14 May 



Killed riehU.4 

Apr.26 "\Howe 

Cranston 



Van Bremer 



Capt. Hasbrouck, 
12. 13. 14 Hay 




THE MODOC COUNTRY. 

for their leaving the reservation. He now called upon 
the commandant of the fort to take measures to return 
Jack and his band to the reserve, and also insisted 
upon the relative positions of the civil superintendent 
and military agent being made clear by the depart 
ment at Washington. Having a military agent did 
not seem to work well, since Captain Knapp, through 
his knowledge of affairs at the fort, and the inefficiency 
of Goodale s command, refrained from making a requi- 

6 Military Correspondence, MS., March 18, 1873. 



PREPARATIONS FOR TROUBLE. 561 

sition upon him, when in his character of agent it was 
his duty to have clone so. This neglect caused Goodale 
to be censured, who promptly placed the blame upon 
Knapp, while admitting the soundness of his judg 
ment. 7 Owing to the inferiority of the force at 
Klamath, no steps were taken for a year and a half to 
brins: back the Modocs under Jack to the reservation. 

o 

during which time they roamed at will from one re 
sort to another, making free use of the beef of the 
settlers on Lost River, and by their insolence each 
summer frightening the women into flight. 8 

In August 1870 General Crook was relieved from 

o 

the command of the Department of the Columbia by 
General E. R. S. Canby, and sent to fight the Ind 
ians of Arizona, for which purpose all the military 
stations in Oregon were depleted. 9 At Fort Klam 
ath there was one company, K, of the 23d infantry 
under Lieutenant Goodale, and no cavalry, while at 
Camp Warner, over a hundred miles to the east, 
there were two companies, one being cavalry, neither 
post being strong enough to assist the other, and both 
having to keep in check a large number of Indians 
subdued by Crook, but riot yet trusted to remain quies 
cent. 

There were certain other elements to be taken into 
account in considering the causes which led to the 
Modoc war. The Klamaths used formerly to be 
allies of the Modocs, although they seem never to 
have been so fierce in disposition; but after being 
settled on the reserve and instructed, and especially 
after Lalake, their old chief, was deposed, being sup 
planted by a remarkable young Klarnath, named by 

7 Letter of Goodale, in Military Correspondence, MS., May 16, 1870. 

8 Jack s band used to range up and down among the rancheros, visiting 
houses in the absence of the men, ordering the women to cook their dinners, 
lounging on beds while the frightened women complied, and committing va 
rious similar outrages for two summers before the war began, causing the 
settlers to send their families to Rogue River Valley for safety. Applegate a 
Modoc History, MS. 

9 Rept of Maj.-gen. George H. Thomas, in H. Ex. Doc. t i. pt ii., 114, 
41st coug. 2cl sess. 

HIST. OB., VOL. II. 36 



562 THE MODOC WAR. 

the agent Allen David, their ambition was not to 
fight, but to learn the arts of peace. Their advance 
ment in civilization and conformity to treaty regula 
tions was a source of pride with them, and of annoy 
ance to Captain Jack, the more so that the Klamathg 
had assisted in arresting the Modocs guilty of aiding 
the hostile Shoshones with ammunition. But Jack 
was even more annoyed with Sconchin, whom he 
taunted with remaining on the reservation more for 
convenience than care for his people, 10 whom Jack 
was constantly endeavoring to entice away. 

In 1870, having been left so long to follow his own 
devices, Jack made a formal claim to a tract of land, 
already settled upon, six miles square, and lying on 
both sides of the Oregon and California line, near 
the head of Tule Lake. Superintendent Meacham, 
not knowing how to compel Jack to bring his people 
upon the reserve, reported to the secretary of the 
interior, recommending that this tract as described 
should be allowed them as a reserve. A more unwise 
proposition could not have been made; for aside 
from the precedent established, there was the conflict 
with the settlers already in possession within these 
limits, the opposition of the neighboring farmers to 
having this degraded band in their vicinity, and the 
encouragement given to Jack, who was informed of 
the superintendent s action, bearing upon the future 
aspect of the case. 

Previous to this Knapp went to Yreka to have an 
interview with Jack, whose importance increased with 
finding himself the object of so much solicitude, and 
who flatly refused to go with him to Camp Yainax, 
Sconchin s home, to meet the superintendent. Dur 
ing the summer of 1871 he frequently visited the 
reservation, defying the military authorities, and 
boasting that in Yreka he had friends who gave him 

10 W. V. Rhinehart, in Historical Correspondence, MS., agrees with Jack 
about this. But Sconchin was never detected in illicit intercourse with the 
enemy. 



MURDER BY CAPTAIN JACK. 563 

and his people passes to go where they pleased, which 
boast he was able to confirm. 11 At length Jack pre 
cipitated the necessity of arresting him by going upon 
the reservation and killing a doctor, who, having failed 
to save the lives of two persons in his family, was, 
according to savage reasoning, guilty of their deaths. 
It is doubtful if an Indian who had lived so much 
among white people believed in the doctor s guilt; 
but whether he really meant to avenge the death of 
his relatives or to express his defiance of United 
States authority, the effect was the same. By the 
terms of the treaty the government was bound 
to defend the reservation Indians against their 
enemies. Ivan D. Applegate, commissary at Camp 
Yainax, made a requisition upon the commander at 
Fort Klamath. to arrest Jack for murder, the effort to 
do so being rendered ineffectual by the interference of 
Jack s white friends in Yreka. 12 

Lieutenant Goodale was relieved at Fort Klamath 
in 1870, by Captain James Jackson, 1st United States 
cavalry, with his company, B. Knapp had also been 
relieved of the agency on the reservation by John 
Meacham, brother of the superintendent, who on being 
informed of the murder on the reserve instructed the 
agent to make no arrests until a conference should 
have been had with Jack and his lieutenants, at the 
same time naming John Meacham and Ivan D. Apple- 
gate as his representatives to confer with them. 13 

11 Says Jackson: He carries around with him letters from prominent citi 
zens of Yreka, testifying to his good conduct and good faith with the whites. 
Many of the settlers in the district where he roams are opposed to having him 
molested. Military Correspondence ^ MS., Aug. 29, 1871. This was true of 
some of the settlers on the six-mile tract, who feared to be massacred should 
his arrest be attempted. How well they understood the danger was soon 
proved. 

1 The following is a copy of a paper carried around by Jack: Yreka, 
June 26, 1871. Captain Jack has been to Yreka to know what the whites are 
going to do with him for killing the doctor. The white people should not 
mtldle with them in their laws among themselves, further than to persuade 
them out of their foolish notions. White people are not mad at them for 
executing their own laws, and should not be anywhere. Let them settle all 
these matters among themselves, and then our people will be in no danger 
from them. E. Steele. Applegate s Modoc Hist., MS. 

3 Lieut R. H. Anderson, in Military Correspondence, MS., Aug. 4, 1871; 
H. Com. Kept, 98, 257-67, 42d cong. 3d sess. 



564 THE MODOC WAR. 

This desire having been communicated to Canby, he 
directed Jackson to suspend any measures looking to 
the arrest of Jack until the superintendent s order for 
a conference had been carried out, but to hold his com 
mand in readiness to act promptly for the protection 
of the settlers in the vicinity should the conduct of 
the Indians make it necessary. At the same time a 
confidential order was issued to the commanding offi 
cer at Vancouver to place in effective condition for 
field service two companies of infantry at that post. 14 

In compliance with the temporizing policy of the 
superintendent, John Meacham despatched Sconchin 
with a letter to John Fairchild, living on the road 
from Tule Lake to Yreka, a frontiersman well known 
to and respected by the Indians, and who accompanied 
Sconchin, and with him found Jack, who refused to 
hold a conference with the agent and commissary, as 
desired. 

Among the settlers in the country desired by Jack 
was Oregon s venerable pioneer, Jesse Applegate, re 
siding as agent upon a tract claimed by Jesse D. Carr 
of California, and lying partly in that state and partly 
in Oregon. Of Applegate, Jack demanded pay for 
occupation. On being refused, one of Jack s personal 
guard, known as Black Jim, set out on a raid among 
the settlers, at the head of fifteen or twenty warriors, 
alarming the whole community, and causing them to 
give notice at the agency. These things led to a fur 
ther attempt to gain a conference with Jack, he being 
given to understand that if he would consent he would 
be safe from arrest, and allowed to remain for the 
present in the Lost River country. 

At length Jack signified his willingness to see the 
commissioners, provided they would come to him at 
Clear Lake, Applegate s residence, attended by no 
more than four men, he promising to bring with him 
the same number. Word was at once sent by Apple- 
gate to Klamath, sixty miles, and the commissioners 

14 Military Correspondence, MS., Aug. 6, 1871. 



A CONFERENCE. 565 

i 

were informed. On arriving at the rendezvous, they 
found, instead of four or five Modocs, twenty-nine, 
in war-paint and feathers. 

The conference was an awkward one, Black Jim 
doing most of the talking for the Modocs. Jack was 
sullen, but finally gave as a reason for not returning 
to the reservation that he was afraid of the Klamath 
medicine. 15 He also complained that the Klam- 
aths exasperated him by assuming the ownership of 
everything on the reserve, drew an effective picture of 
the miseries of such a state of dependence, and denied 
that his people had ever done anything to disturb the 
settlers. 16 When reminded that he had driven away 
several families, and that those who remained were 
assessed, he demanded to know who had informed 
against him, but was not told. 17 All through the in 
terview Jack had the advantage. There were thirty 
armed Modocs against half a dozen white men, who, 
warned by Jack s sullen demeanor, dared not utter a 
word that might be as fire to powder. He so far 
unbent during the conversation as to promise not to 
annoy the settlers, and not to resist the military, and 
was given permission to remain where he was until 
the superintendent could come to see them; and upon 
this understanding John Meacham wrote to that 
functionary that no danger was to be apprehended 

from Jack s band. Yet the commissioners had hardly 

i/ 

set out on their return to Yainax when it was warmly 
debated in the Modoc camp whether or not to com 
mence hostilities at once by murdering Jesse Apple- 
gate and the other settlers about Clear and Tule 
lakes. 18 

l I am at a loss for a word to give as a synonym for medicine as here 
used. It might be the evil-eye of the ancients. 

6 H. F. Miller was at that time paying them an assessment. This man 
said to a neighbor: I favor the Modocs because lam obliged to do it. If 
they go to war they will not kill me, because I use them so well. AppUgate t 
Modoc Hut. , MS. Mark the sequel. 

I( John Meacham, in Historical Correspondence, MS., Aug. 21, 1871. 

8 This was afterward confessed by the Modocs to their captors. Appleyate s 
Modoc Hist., MS. 



566 THE MODOC WAR. 

Agent Meacham s report of security for the present 
was communicated by the superintendent to Canby, 
who in turn reported it to the division commander at 
San Francisco, and the matter rested. Major Luding- 
ton, military inspector, who made a tour of the sta 
tions on the border of California and Oregon, passing 
through camps Bidwell, Warner, and Harney, also 
reported the people on the whole route free from any 
fear of Indians, and that the rumors of alarm arose 
solely from petty annoyances to individuals from Ind 
ians visiting the settlements. 19 Fort Klamath was 
not visited by the inspector, and the report of the 
Indian agent misled the military department. 

But the settlers in the Tule and Clear Lake district 
did not feel the same security. On the contrary, in 
November 1871 they petitioned the superintendent 
and Canby to remove the Modocs to their reserva 
tion, saying that their conduct was such that they 
dared not allow their families to remain in the coun 
try. 20 Their petition remained in the superintend 
ent s hands for two months before it was submitted to 
Canby, with the request that Jack s band be removed 
to Camp Yainax, and suggesting that not less than 
fifty troops be sent to perform this duty, and that 
Commissary Applegate accompany the expedition, if 
not objected to by Captain Jackson. 

Canby replied that he had considered the Modoc 
question temporarily settled by the permission given 
them by the commissioners to remain where they were 
until they had been notified of the determination of 
the government in regard to the six miles square 
recommended by him to be given them for a separate 
reserve, and that it would be impolitic to send a mili 
tary force against them before that decision, or before 

19 Military Correspondence, Sept. 2, 1871. Capt. Jackson also wrote, I 
ha.ve no doubt that they are insolent beggars, but so far as I can ascertain no 
oue has been robbed, or seriously threatened. //. Ex. Doc., i. pt ii., 115, 41st 
cong. 2d sess. 

20 See letter of Jesse Applegate to Supt Meacham, Feb. 1, 1872, in //. Ex. 
Doc., 122, 13, 43d cong. 1st sess. ; Military Correspondence, MS., Jan. 29. 1872; 
Jacksonville Democrat, March 1, 1873. 



COMPLAINTS OF SETTLERS. 567 

they had been notified of the point to which they 
were to be removed; but that in the mean time Jack 
son would be directed to take measures to protect the 
settlers, or to aid in the removal of the Modocs should 
force be required. 21 

Alarmed by the delay in arresting Jack, a petition 
was forwarded to Governor Grover, requesting him 
to urge the superintendent to remove the Modocs, or 
authorize the organization of a company of mounted 
militia to be raised in the settlements for three months 
service, unless sooner discharged by the governor. 
In this petition they reiterated their former com 
plaint, that they had been harassed for four years by 
about 250 of these Indians, 80 of whom were fight 
ing men. These latter were insolent and menacing, 
insulting their families, drawing arms upon citizens, 
and in one case firing at a house. They complained 
that the superintendent had turned a deaf ear, and 
unless the governor could help them there was no 
further authority to which they could appeal. Being 
scattered over a large area, it was to be feared that 
in case of an outbreak the loss of life would be heavy. 22 
Grover succeeded in procuring an order that Major 
Otis, with a detachment of 50 cavalry and their offi 
cers, should establish a temporary camp in Lost River 
district; but Canby refused to take any more active 
measures before the answer to the recommendation of 
the superintendent, with regard to a reservation in 
that country, should arrive from Washington. 

Early in April Meacham was relieved of the super- 
intendency, and T. B. Odeneal appointed in his place. 
One of his first acts was to take council of Otis in 
regard to the propriety of permitting Jack and his 
followers to remain any longer where they were, 

21 See correspondence in T. B. Od^neaVs Modoc War; Statement of its Origin 
and ("auxes, etc.; Portland, 1873. This pamphlet was prepared by request of 
H. W. Scott, C. P. Crandall, B. Goldsmith, and Alex. P. Ankeney, of Port 
land, to correct erroneous impressions occasioned by irresponsible statements, 
and is made up chiefly of official documents. 

* Military Correspondence, MS., Jan. 29 and Feb. 19, 1872. 



568 THE MODOC WAR. 

when Otis made a formal recommendation in writing 
that the permission given by Meacharn should be 
withdrawn, and they directed to go upon the reser 
vation, the order not to be given before September; 
that in case of their refusal the military could put 
them upon it in winter, which was the most favorable 
season for the undertaking. Otis further recom 
mended placing Jack and Black Jim on the Siletz 
reservation, or any other place of banishment from 
their people, giving it as his opinion that there would 
be no peace while they were at liberty to roam, with 
out a considerable military force to compel his good 
behavior. In order to make room for the Modocs, 
and leave them no cause of complaint, he proposed the 
removal of Otsehoe s band of Shoshones, together with 
Wewawewa s and some others, to a reservation in the 
Malheur country. 23 The same recommendation was 
made to Canby on the 15th of April. 

While these matters were under discussion, the 
long-delayed order arrived from the commissioner of 
Indian affairs at Washington to remove the Modocs, 
if practicable, to the reservation already set apart for 
them by the treaty of 1864, and to see that they were 
protected from the aggressions of the Klamaths. 
Could this not be done, or if the superintendent 
should be unable to keep them on the reserve, he was 
to report his views of locating them at some other 
point which he should select. 

Odeneal wrote to the new agent at Klamath, L. S. 
Dyar, 24 and to Commissary Applegate to seek an 

23 I make the above recommendations, he said, after commanding the 
military districts of Nevada, Owyhee, and the districts of the lakes, succes 
sively since December 1867. OdeneaVs Modoc War, 22. 

24 Dyar was the fourth agent in three years. Lindsey Applegate was in 
cumbent from 1864 to 1869, when Knapp was substituted to secure the fair 
treatment of the Indians, which it was then supposed only military officers 
could give. But Captain Knapp was more complained of than Applegate, 
because he endeavored to get some service out of the Modocs in their own 
behalf. John Meacham was then placed in office for one year, when J. II. 
High, former agent at Fort Hall, supplanted him. Klamath agency being 
under assignment to the methodist church for religious teaching, L. S. Dyar 
was appointed through this influence. All of these men treated tlie Indians 
well. 



FUTILE NEGOTIATIONS. 569 

interview with Jack, and endeavor to persuade him 
to go to live on the reservation. Major Otis had 
previously made an attempt, through his Indian scouts, 
to have a conference, but had been repulsed in a 
haughty manner. However, after much negotiation 
it had been agreed that a meeting should take place 
at Lost River gap between Otis, Agent High, Ivan 
and Oliver Applegate, with three or four citizens as 
witnesses, and three or four Klamath scouts on one 
side, and Jack with half a dozen of his own men on 
the other. But according to his former tactics, Jack 
presented himself with thirty-nine fighting men, arid 
had Otis at his mercy. 

The council at Lost River gap was productive of no 
good results, Jack denying any complaints made by 
the settlers, and one of the witnesses, Miller, testifying 
that his conduct was peaceable, under the selfish and 
mistaken belief that he was insuring his own immu- 
nitv from harm. 25 When Odeneal s order arrived for a 

\j 

council with Jack, that he might be informed of the 
decision of the commissioner of Indian affairs, Scon- 
chin was employed to act as messenger to arrange for 
a meeting at Linkville ; but Jack returned for answer 
that any one desiring to see him would find him in 
his own country. After considerable effort, a meeting 
was arranged to take place at the military encamp 
ment at Juniper Springs, on Lost River. Agents 
Dyar and Applegate, attended by some of Sconchin s 
head men, met Jack and his warriors on the 14th of 
May, when every argument and persuasion was used 
to influence him to conform to the treaty, but without 
success. His unalterable reply was that he should 

stav where he was. and would not molest settlers if 

/ 

they did not locate on the west side of Lost River, 
near the mouth, where he had his winter camp. The 
settlers, he said, were always lying about him and 

25 It is said that Miller went to Fairchilds and complained bitterly of the 
position in which Otis questions before the Indians had placed him. He 
admitted that he had not told the truth, but declared that he dared not say 
otherwise. Sisldyou County A/airs, MS., 53. 



570 THE MODOC WAR. 

making trouble, but "his people were good people, and 
would not frighten anybody. He desired only peace, 
and was governed by the advice of the people of 
Yreka, who knew and understood him. 20 The old 
chief Sconchin then made a strong appeal to Jack to 
accept the benefits of the treaty, and pointed out the 
danger of resistance, but in vain. 

The commissioners reported accordingly, and also 
that in casting about for some locality where Jack s 
band might be placed, apart from the Klamaths, 
no land had been found unoccupied so good for the 
purpose as that upon the reservation. Camp Yainax 
was, in fact, nearly as far from the Klamath agency 
as the Lost River country. Nothing now remained 
but to prepare to bring the Modocs on to the reser 
vation. Odeneal gave it as his opinion that the lead 
ing men among them should be arrested and banished 
to some distant place until they should agree to abide 
by the laws, while the remainder should be removed 
to Yainax, suggesting the last of September as a 
proper time for carrying out this purpose; and the 
commissioner issued the order to remove them, "peace 
ably if you can, forcibly if you must." 

In May, the Modocs having broken camp and begun 
their summer roaming, Otis reported his station on 
Lost River unnecessary, and the troops were with 
drawn about the 1st of June. No sooner, however, 
were the troops back at Fort Klamath than Jack ap 
peared at the camp of Sconchin s people, away from 
Yainax on their summer furlough, with forty armed 

26 Who besides E. Steele Jack referred to is not known. Sfceele admits 
giving advice to Jack and his followers. My advice to them was, and always 
has been, to return to the reservation, and further, that the officers would 
compel them to go. They replied that they would not go, and asked why the 
treaty that I had made with them when I was superintendent of northern 
California they supposing that our state line included their village at the 
fishery was not good ... I told them they had made a new treaty with the 
Oregon agency since mine, and sold their lands, and that had done away with 
the first one. Jack said he did not agree to it. . .1 have written several letters 
for him to the settlers, in which I stated his words to them, etc. These ex 
tracts are from a manuscript defence of his actions, written by Steele to his 
brother at Olyrnpia, in my possession, entitled Steele s Modoc Question, MS. 



STEELE S PLANS. 571 

warriors, conducting himself in such a manner as to 
frighten them back to the agency. The citizens were 
hardly less alarmed, and talked once more of organiz 
ing a militia company. The usual correspondence 
followed between the Indian and military departments, 
and the settlers were once more assured that their 
safety would be looked after. 27 

While the Modoc question was in this critical stage, 
influences unknown to the department were at work 
confirming Jack in his defiant course, arising from 
nothing less than a scheme, proposed by Steele of 
Yreka, to secure from the government a grant of the 
land desired by him, on condition that he and his peo 
ple should abandon their tribal relation, pay taxes, and 
improve the land, which they promised to do. 2 * But 
no one knew better than Steele that to leave the Mo- 
docs in the midst of the white settlements would be 
injurious to both races, and most of all to the Indians 
themselves, who instead of acquiring the better part 
of civilization were sure to take to themselves onlv the 

t/ 

worse; and that the better class of white people must 
object to the contiguity of a small special reserve in 
their midst. Not so did the Modocs themselves rea 
son about the matter. Steele, because they could 
approach him with their troubles, and because he sim 
ply told them to go and behave themselves, without 
seeing that they did so, was the white chief after their 
own mind, and his word was law, even against the 
power with which they had made a treaty. They 
were proud of his friendship, which gave them im 
portance in their own eyes, and which blinded them 
to their inevitable doom. So said the settlers, with 
whom I cannot always fully agree. 

27 Military Correspondence, MS., June 10, 15, and 20, 1872; OdeneaVs Mo- 
doc War, 31-2. 

28 Steele was threatened with prosecution by Odeneal, and in the defence 
before referred to, after explaining his acts, says: At this last interview with 
Capt. Jack I again tried to persuade him to go upon the reservation, but I 
must confess that it was as much to avoid the trouble and expense that would 
fall upon me in getting the land grant through for them as from any other 
motive. Modoc Question, MS., 25. 



572 THE MODOC WAR. 

It now being definitely settled that Jack s band 
must go upon the reservation to reside before winter, 
Odeneal repaired to the Klamath agency November 
25th, sending a special messenger, James Brown of 
Salem, and Ivan Applegate to Lost River to invite 
them to meet him at Linkville, and to promise them 
the kindest treatment if they would consent to go 
to Yainax, where ample provision had been made for 
their support. If they would not consent, he required 
them to meet him at Linkville on the 27th for a final 
understanding. 

To the military authorities a communication was 
addressed requiring them to assist in carrying out the 
instructions of the commissioner of Indian affairs by 
compelling, if necessary, the obedience of the Modocs 
to recognized authority, and they had signified their 
readiness to perform this duty. 29 On the 27th Ode 
neal and Dyar repaired to Linkville to meet the Mo- 
docs, according to appointment, but found there only 
the messengers, by whom they were apprised of Jack s 
refusal either to go upon the reservation or to meet 
the superintendent at that place. " Say to the super 
intendent," returned Jack, "that we do not wish to 
see him or talk with him. We do not want any white 
man to tell us what to do. Our friends and counsel 
lors are men in Yreka, California. They tell us to 
stay where we are, and we intend to do it, and will 
not go upon the reservation. I am tired of being 
talked to, and am done talking." One of Jack s lieu 
tenants, commonly known as Scarface Charley, from 
a disfigurement, would have taken the lives of the 
messengers upon the spot, but was restrained by Jack, 
who preferred waiting until the superintendent was in 
his power. 30 

29 Oriental s Modoc War, 33. Capt. Jackson had been superseded in the 
command at Fort Klamath by Maj. G. G. Hunt, who in turn was relieved 
July 17th by Maj. John Green. Major Otis had also been relieved of the 
command of the district of the lakes by Colonel Frank Wheaton, 21st inf. 

30 This was revealed by friendly Indians present at the conference. It is 
found in Dyar s statement. 



FORCE TO BE USED. 573 

Being now assured that nothing short of an armed 
force could bring the Modocs to submission, Odeneal 
sent word to Colonel Green, in command at Fort 
Klamath, that military aid would be required in ar 
resting Captain Jack, Black Jim, and Scarface, who 
should be held subject to his orders. 

It had never been contemplated by the superintend 
ent or by Canby that any number of troops under 
fifty should attempt to take Jack and his warriors. 
In view of this necessity, Canby had issued a special 
order early in September giving Wheaton control of 
the troops at Klamath, that in an emergency of this 
kind he might have a sufficient force to make the 
movement successful, and Wheaton had directed 
Green to keep him fully advised by courier of the 
attitude of the Modocs. But now occurred a fatal 
error. Ivan Applegate, who carried Odeneal s requi 
sition to the fort, supposed that there was a sufficient 
force of cavalry at the post to arrest half a dozen Ind 
ians, 31 however brave or desperate, and gave it as his 
opinion that no serious resistance would be made to 
the troops. Odeneal, in his letter to Green, said: "I 
transfer the whole matter to your department, with 
out assuming to dictate the course you shall pursue 
in executing the order." Green, who was of Apple- 
gate s opinion that the Modocs would yield at the ap 
pearance of his cavalry, and thinking it better to take 
Jack and his confederates before they were reenforced, 
immediately sent off Captain Jackson with thirty-six 
men to execute the order. 32 

The troops left Fort Klamath at noon on the 28th, 

1 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. 

2 When the mistake had been made, there was the usual quarrel between 
the military and Indian departments as to which had been in the wrong. 
Gen. Canby exonerated Odeneal by saying: The time and manner of apply 
ing force rested in the discretion of the military commander. It is easy to 
see that Green might have been misled by Applegate s report that Jack had 
only about half his warriors with him, but he must have known that he was 
not carrying out the intentions of the commanding general of the department. 
I myself think that he wished to show how easy a thing it was to dispose of 
the Modoc question when it came into the proper hands. 



574 THE MODOC WAR. 

officered by Captain Jackson, Lieutenant Boutelle, 
and Dr McEldery. Odeneal had sent Brown, his 
special messenger, to notify the settlers who were 
likely to be endangered in case of an engagement with 
the Modocs. How imperfectly this was done the 
sequel proved. 33 The superintendent met Jackson on 
the road about one o clock on the morning of the 29th, 
directing him to say to Jack and his followers that he 
had not come to fight, but to escort them to Yainax, 
and not to fire a gun except in self-defence. 

A heavy rain was falling, through which the troops 
moved on, guided by Ivan Applegate, until daybreak, 
when, arriving near Jack s camp, they formed in line, 
and advancing rapidly, halted upon the outskirts, 
calling to the Modocs to surrender, Applegate acting 
as interpreter. The Indians were evidently surprised 
and wavering, a part of them seeming willing to obey, 
but Scarface and Black Jim, with some others, re 
tained their arms, making hostile demonstrations dur- 

O 

ing a parley lasting three quarters of an hour. Seeing 
that the leaders grew more instead of less defiant, 
Jackson ordered Lieutenant Boutelle to take some 
men from the line and arrest them. As they ad 
vanced, Scarface fired at Boutelle, 84 missing him. A 
volley from both sides followed. Almost at the first 
fire one cavalryman was killed and seven wounded. 
The balls from the troops mowed down fifteen Indians. 
Up to the time that firing commenced, Jack had 
remained silent and sullen in his tent, refusing to take 
any part in the proceedings, but on the opening of hos 
tilities he came forth and led the retreat of his people, 
now numbering twice as many as on the visit of Brown 
and Applegate. In this retreat the women and chil 
dren were left behind. It was now that the rashness 
of Colonel Green became apparent. Jackson s force, 

33 Brown afterward said he knew nothing of any settlers below Crawley s 
farm, and that the men he notified said nothing about any. Odeneal ^ Modoc 

War, 39. The truth was that none comprehended the danger. 

34 Oreg&nian, Dec. 12, 1872; Yreka Journal, Jan. 1, 187.3; Red Bin/ Sen 
tinel, Dec. 7, 1872. 



BEGINNING OF HOSTILITIES. 575 

already too light, was lessened by the loss of eight 
men, whom he dared not leave in camp lest the Indian 
women should murder and mutilate them, and he was 
therefore unable to pursue. Leaving a light skirmish 
line with Boutelle, he was forced to employ the re 
mainder of the troops in conveying the wounded and 
dead to the east side of the river in canoes, and thence 
half a mile to the cabin of Dennis Crawley, after 
which he returned and destroyed the Indian camp. 

In the mean time a citizens company, consisting of 
0. C. Applegate, James Brown, J. Burnett, D. Craw- 
ley, E. Monroe, Caldwell, and Thurber, who had gath 
ered at Crawley s to await the result of the attempted 
arrest, attacked a smaller camp on the east side, and 
lost one man, Thurber. They retired to the farm and 
kept up firing at long range to prevent the Indians 
crossing the river and attacking Jackson s command 
on the flank and rear. While this was going on, two 
men fled wounded to Crawley s, one of whom, William 
Nus, soon died. At this intimation that the settlers 
below were uninformed of their danger, Ivan Apple- 
gate, Brown, Burnett, and other citizens went in 
various directions to warn them, leaving but a small 
force at Crawley s to guard the wounded. During 
their absence Jackson was called upon to protect this 
place from the hostilities of Hooker Jim and Curly- 
headed Doctor, two of Jack s head men not before 

mentioned. As there was no ford nearer than eisfht 


miles, the troops spent two or three hours getting to 

Crawley s, where they encamped, and beheld in the 
distance the smoke of burning hay-ricks. 3 

On the morning of the 30th, Captain Jackson hav 
ing heard that a family named Boddy resided three 
and a half rniles below Crawley s, who had not been 
warned, despatched a detachment with a guide to 
ascertain their fate. Finding the family absent, and 
the premises undisturbed, the troops returned with 
this report, the guide Crawley coming to the conclu- 

35 S. F. Alta, Dec. 12, 1872; Oregon Herald, Dec. 14, 1872. 



576 THE MODOC WAR. 

sion that they had fled south, warning others on the 
way. But in this he was mistaken, four out of a 
family of six at this place having been killed, and two 
having escaped. 36 

It was afterward ascertained that no more persons 
were killed on the 29th; but on the following day a 
number of men about Tule Lake were slain, among 
them their good friend Miller. 37 Living within sev 
enty-five yards of Miller s house was the Brotherton 
family, three men of which were killed. That the 
remainder were saved, was due to the courage of Mrs 
Brotherton, who defended her home for three days 
before relief arrived. 38 The victims in this collision 

36 The men, William Boddy, Nicholas Schira, his son-in-law, and two step- 
sons, William and Richard Cravigan, were killed while about their farm work. 
Mrs Schira, seeing the team-horses coming home without a driver, ran to 
them and found the lines bloody. She put the horses in the stable, and with 
her mother walked along the road to find her husband. About half a mile 
from the house he was found lying on the ground, shot through the head. 
.Remembering her brothers, she left her mother with the dead and ran on alone 
to find them. On the way she passed Hooker Jim, Curly-headed Doctor, 
Long Jim, One-eyed Mose, Rock Dave, and Humpy Jerry, all well-known 
members of Jack s band, who did not offer to intercept her. After rinding the 
body of one brother, Mrs Schira returned to her mother, and together they 
fled over 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 on Lost River, from which 
place they were taken to Linkville. On the 2d of Dec. Mrs Schira returned 
with a wagon to look for her dead, but found that Boutelle had gone on the 
same errand. The Boddy family were from Australia, and were industrious, 
worthy people. Jacksonville Sentinel, Dec. 1872. 

37 In the Yreka Journal of Dec. 4, 1872, is the following: In the massacre 
of settlers that followed the attack on the Modocs, the Indians killed none but 
those who were foremost in trying to force them on the reservation. On the 
contrary, it is remarkable that not one of those killed were signers of the 
petitions for their removal, lists of which have been published in documents 
here quoted. These persons were afraid to petition for Jack s removal. 

58 Seeing some Indians approaching who had her husband s horses, Mrs 
Brotherton took the alarm. Three Indians surrounded the house of John 
Shroeder, a neighbor, and shot him while he was trying to escape on horse 
back. Joseph Brotherton, a boy of 15 years, was in company with this man, 
but being on foot, the Indians gave no attention to him while in pursuit of the 
mounted man. Mrs Brotherton, seeing her son running toward the house, 
went out to meet him with a revolver. Her younger son called her back and 
ran after her, but she ordered him to return to the house and get a Henry rifle, 
telling him to elevate the sight for 800 yards and fire at the Indians. He 
obeyed, his still younger sister wiping and handling the cartridges. Under 
cover of the rifle the mother and son reached the house in safety, which was 
fastened, barricaded, and converted into a fortress by making loop-holes. The 
Indians retired during the night, but guard was maintained. Ona Indian was 



THE WAR BEGUN. 577 

between Jack and the troops counted eighteen white 
men and about the same number of Indians. 39 

War was now fairly inaugurated. Jack had thrown 
down the gauntlet to the United States, and Crawley s 
cabin in the midst of the grassy meadows of Lost River 
had become the headquarters of a so far defeated arid 
humiliated military force. The distance from Craw- 
ley s to Fort Klarnath was sixty miles, to the agency 
fifty-five, to Camp Yainax about the same, to Link- 
ville twenty-three miles, to Ashland, in the Rogue 
River Valley, eighty-eight miles, to Camp Warner 
about the same distance, and to Yreka farther. 
There were no railroads or telegraph lines in all the 
country, and a chain of mountains lay between the 
camp and the post-road to army headquarters. That 
was the situation. 

As soon as news of the fight reached the agency, 
Dyar raised a company of thirty-six Klamaths, whom 
he placed under D. J. Ferree, and sent to reenforce 
Jackson. O. C. Applegate hastened to Yainax to 
learn the temper of Sconchin s band of Modocs, and 
finding them friendly, organized and armed a guard of 
fifteen to prevent a raid on the camp, and taking with 
him nine others, part Modocs and part Klamaths, 
crossed the Sprague River mountains into Langell 
Valley, and proceeded thence to Clear Lake, to ascer 
tain the condition of his uncle, Jesse Applegate. 
Arriving December 2d, he found his brother Ivan 
had been there with a party of six citizens and five 
cavalrymen. The troops being left to guard the 
family at Clear Lake, the citizens set out upon a search 
for the bodies of the killed, and O. C. Applegate with 
his company of Indians, himself in disguise, imme- 

killed and one wounded in the defence. On the third day Ivan Applegate came 
that way and took the family to Crawley s. Oreyonian, Dec. 9, 1872. Besides 
those mentioned, the persons killed were John 8hroeder, Sover, a herdsman, 
Adam Shillingbow, Christopher Erasmus, Collins, and two travellers, in all 
15 men and boys, besides Nus, Thurman, and the cavalryman. 

"S. F. Call, Dec. 2, 6, 8, 1872; 8. F. Bulletin, Dec. 2, 3, 12, 27, 1872: S. 
F. Post, Dec. 6, 1872; Sac. Union, Dec. 13, 19, 1872. 
HIST. OB ., VOL. II. 37 



578 THE MODOC WAR. 

diately joined in the search. While at Brotherton s 
they had a skirmish with Scarface s party of Modocs. 
Fortifying themselves in a stable, one of the friendly 
Modocs was sent to hold a parley with Scarface, and 
to spy upon him, which he did by affecting to sym 
pathize with his cause. He escaped back by pre 
tending that he went to bring in other sympathizers 
from the reservation, but instead revealed the plan of 
the enemy, which was to finish the work of murder 
and pillage on that day. Jack arid eighteen warriors 
were to proceed down the west side of Lost River to 
the Stone Ford, and join Scarface. When they had 
killed the men who were searching for the dead, they 
would return and attack Jackson; but Applegate s 
party prevented the junction. Ferrer s company of 
Klamaths had also been on a scout down the west 
side of the river, under Blow, one of the head men on 
the reservation, which being observed by Jack, re 
strained his operations on that side. They could not 
now attack without exposing themselves to the fire 
of two camps a short distance apart, and retired to 
the lava-beds. 

Entering lower Klamath Lake from the south was 

o 

a small stream forking- toward the west, the southern 

O 

branch being known as Cottonwood Creek, and the 
western one as Willow Creek. On the first was a 
farm belonging to Van Bremer, and on the other the 
farm of John A. Fairchilds. On Hot Creek, a stream 
coming into the lake on the west side, lived P. A. 
Dorris. Between Dorris and Fairchild s places was 
an encampment of forty-five Indians called Hot Creeks, 
a branch of the Modocs, a squalid company, but who 
if they joined Jack s forces might become dangerous; 
and these it was determined to bring upon the reser 
vation. Being a good deal frightened by what they 
knew of the late events, they yielded to argument, and 
set out for their new home under the conduct of Fair- 
child, Dorris, and Samuel Culver. 



UNFORTUNATE RUMORS. 579 

Dyar had been notified to meet them at Linkville, 
where the Indians would be turned over to him. But 
now happened one of those complications liable to arise 
under circumstances of so much excitement, when 
every one desired to be of service to the common cause 
without knowing in the least what to do. The same 
thought had occurred to William J. Small, residing 
three miles below Whittle s ferry on Klamath River, 
who organized a party among his neighbors and set 
out for Hot Creek with the purpose of removing these 
Indians to the reservation. Knowing that they were 
liable to fall in with the hostile Modocs, they went 
well armed. At Whittle s the two parties met, and the 
conductors of the Indians, being suspicious of the in 
tentions of Small s men, opposed their visiting the 
Indian encampment, on which Small and his men re 
turned home. 

In the interim four citizens of Linkville, all good 
men, hearing of Small s enterprise, and anxious for 
its success, started to reenforce him. On the way a 
drunken German named Fritz attached himself to the 
party, and talked noisily of avenging the death of his 
friend William Nus. From this man s gabble the re 
port spread that the Linkville men contemplated the 
massacre of the Hot Creek Indians. Alarmed bv 

t, 

this rumor, Isaac Harris and Zenas Howard hastened 
by a shorter route to the ferry to warn Fairchild, so 
that when the Linkville men arrived they found them 
selves confronted by the escort of the Indians with 
arms in their hands. An explanation ensued, when 
the Linkville party turned off to Small s place. Fritz, 
however, remained at the ferry and contrived to alarm 
the Indians by his drunken utterances. 

When Dvar reached Linkville he too heard the 

is 

rumor afloat, and hastened on to the ferry, although it 
was already night, intending to thwart any evil intent 
by moving the Indians past Linkville before daylight. 
Fairchild agreed to the proposition, and hastened to 
inform the Indians and explain the cause. An ar- 



580 THE MODOC WAR. 

rangement had been entered into with Small s party 
to escort them, and the Indians readily consented, 
saddling their ponies, and the foremost accompanying 
Dyar to the ferry. Here they waited for some time 
for the remainder to follow, when it was discovered 
that they had fled back to their native rocks and sao-e- 
brush. The few with Dyar soon followed, and thus 
ended a laudable attempt to lessen the hostile force 
by placing this band peaceably on the reserve. 

In a day or two these Indians were employed 
making arrows and bullets, in the midst of which a 
wagon arrived from the Klamath agency, and another 
attempt was made to remove the Hot Creek Indians 
to the reservation, but they disappeared in a night, 
taking with them not only their own horses and pro 
visions, but those of their friend Fairchild. 

After the failure of the attempt to remove the Hot 
Creek band, an effort was made by Fairchild, Dorris, 
Beswick, and Ball, all personally well known to the 
Modocs, to persuade Jack to surrender and prevent 
the impending war. They found him in the juniper 
ridge between Lost River and the lava-beds south of 
Tule Lake; but although he refrained from any act of 
hostility towards them, he rejected all overtures with 
impatience, and declared his desire to fight. In this 
interview Jack denied all responsibility of the affair of 
the 29th, saying that the troops fired first; and further, 
placed all the guilt of the murders of innocent settlers 
upon Long Jim, although Scarface, Black Jim, and 
himself had been recognized among the murderers.* 

The effect of Fairchild s visit was to give Jack an 
opportunity to gain over the Hot Creek head men who 

40 This moral obliquity of Jack s makes it impossible to heroize him, not 
withstanding I recognize something grand in his desperate obstinacy. On his 
trial he said, referring to this occasion: I did not think of fighting. John 
Fairchild came to my tent and asked me if I wanted to fight. I told him, 
"No, I was done fighting. " Scarface admitted at his trial that he killed one 
of the settlers, and Jack was with him. But it is observable all through the 
history of the war that Jack denied his crimes, and endeavored to fasten the 
responsibility upon others, even upon his own friends. He was the prince of 
liars. 



MILITARY MOVEMENTS. 581 

accompanied him. It also convinced the military that 
no terms would be accepted by the Modocs except 
such as they were able to enforce. All the families 
in this region were immediately sent to Yreka, and 
men in isolated places surrounded themselves with 
stockades. 

The courier of Colonel Green found the commander 
of the district of the lakes confined to his bed with 
quinsy. He trusted there would be no serious diffi 
culty, but advised Green to use all the force at his 
command, and sent him Captain Perry s troop F, of 
the 1st cavalry, and also a small detachment from 
Fort Bidwell under Lieutenant J. G. Kyle, which he 
said wcruld give him a force of seventy-five cavalry 
men in addition to Jackson s company, or a hundred 
and fifty completely equipped troops. 41 Before Whea- 
ton s order reached Fort Klamath the mischief had 
been consummated. On news of the disaster being 
received at Camp Warner, Perry s troops set out by 
way of Yainax, to join Jackson, and Captain R. F. 
Bernard was ordered from Bidwell by the southern 
immigrant road to the same destination. They were 
directed to make forced marches, the supply-trains to 
follow. But the condition of the roads made travel 
ling slow, and a week had elapsed after Jackson s fight 
before he was reenforced. 

In order to protect the roads between the settle 
ments, and to keep open the route to Yreka, Bernard s 
troops were stationed at Louis Land s place on the 
east shore of Tule Lake, on the borders of that vol 
canic region popularly known as the lava-beds, in 
whose rocky caves and canons Jack had taken refuge 
with his followers. From Bernard s carnp to Jack s 
stronghold, as reported by the scouts, was a distance 
of thirteen miles, or two miles from the western 

41 H. Ex. Doc. , 122, 40, 43d cong. 1st sess. This remark of Wheaton s shows 
that he, as well as Odeneal and Applegate, thought there must be at Klamath 
from 60 to 75 cavalrymen twice as many were sent to arrest the Modocs. 



582 THE MODOC WAR. 

border of the lava-fields. The trail thence was over 
and among rocks of every conceivable size, from a pebble 
to a cathedral. The opportunity afforded for conceal 
ment, and the danger of intrusion, in such a region 
was obvious. 

At Van Bremer s farm, distant twelve miles from 
the stronghold on the west, was Perry s command, 
while Jackson remained at Crawley s, where Green 
had his headquarters. As fast as transportation could 
be procured, the material of war was being concen 
trated at this point. General Canby, on receiving in 
formation of the affair of the 29th, at once despatched 
General E. C. Mason with a battalion of the 21st in 
fantry, comprising parts of C and B companies, num 
bering sixty-four men, to join Wheaton s forces. A 
special train on the 3d of December conveyed Mason, 
Captain George H. Burton, and lieutenants V. M. 

C. Silva, W. H. Bovle, and H. De W. Moore to 

* 

Roseburg, then the terminus of the Oregon and 
California railroad. 42 The remainder of the march, 
to Jacksonville and over the mountains through rain 
and snow, occupied two weeks, making it the middle 
of December before the infantry reached Crawley s. 
It was not until about the same time that Wheaton 
reached Green s headquarters, where he found the am 
munition nearly exhausted by distribution among the 
settlers, necessitating the sending of Bernard to Camp 
Bidwell, ninety miles, with wagons, for a supply. 

The governors of both California and Oregon had 
been called upon by the people of their respective 
states to furnish aid. Governor Booth of California 
responded by sending to the frontier arms out of date, 
and ammunition too large for the guns; 43 Governor 
Grover forwarded a better equipment. The Wash- 

42 Boyle s Personal Observations on the Conduct of the Modoc War, a manu 
script of 46 pages, has been of great service to me in enabling me to give a con 
nected account of that remarkable campaign. Boyle was post quartermaster. 
He relates that the talk of the officers at Vancouver was that when G reen 
goes after those Modocs he will clean them out sooner than a man could say 
Jack Robinson, and that he thought so himself. 

43 Yreka Despatches, in Oregonian, Dec. 21, 1872; S. F. Alta, Dec. 13, 1872. 



PREPARATIONS. 583 

inoion Guards of Portland offered their services, 
which were declined only because the militia general, 
John E. Ross of Jacksonville, and captain O. C. 
Applegate of Klamath, had tendered and already had 
their companies accepted. 44 Applegate s company was 
made up of seventy men, nearly half of whom were 
picked Klamaths, Modocs, Shoshones, and Pit River 
Indians from the reservation. In the interval before 
the first pitched battle they were occupied scout 
ing, not only to prevent fresh outrages, but to 
intercept any of Jack s messengers to Camp Yainax, 
and prevent their drawing off any of the Sconchin 
band, whom, although they declared their loyalty to be 
unimpeachable, it was thought prudent to watch. 
Another reason for surveillance was that Jack had 
threatened Camp Yainax with destruction should 
these Modocs refuse to join in the insurrection, and 
they were exceedingly nervous, being unarmed, except 
the guards. To protect them was not only a duty, 
but sound policy. 

In the mean time neither the troops nor the Ind 
ians were idle. Perry was still at Van Bremer s, with 
forty cavalrymen. Ross was near Whittle s ferry, at 
Small s place. On the 1 6th of December detachments 
from both companies made a reconnoissance of Jack s 
position, approaching within half a mile of the strong 
hold, and from their observations being led to believe 
that it was possible so to surround Jack as to compel 
his surrender, although one of his warriors shouted to 
them defiantly as they turned back, " Come on ! Come 
on!" This exploration revealed more perfectly the 
difficult nature of the ground, broken by fissures, 
some a hundred feet in depth and as many in width; 
and it revealed also that in certain places were level 
flats of a few acres covered with grasses, and furnished 
with water in abundance, where the Indian horses 
grazed in security. Nothing could be better chosen 
than the Modoc position ; arid should their ammuni- 

** Oregonian, Dec. 3, 1872; Applegate s Modoc War, MS., 17. 



584 THE MODOC WAR. 

tion become exhaused, nothing was easier for them 
than to steal out unobserved through the narrow 
chasms, while watch was kept upon one of the many 
lofty pinnacles of rock about them. But they were 
not likely to be soon forced out by want, since they 
had taken $700 in money at one place, and $3,000 
worth of stores at another, besides a large amount of 
ammunition and a few rifles, in addition to their own 
stock on hand. Everything indicated that hard fight 
ing w^ould be required to dislodge the Modocs. An 
other delay now ensued, caused by sending to Van 
couver for two howitzers, to assist in driving them 
out of their fastnesses. 

Both the regular troops and militia were restive 
under this detention. The 23d infantry had just 
come from fighting Apaches in Arizona, and were 
convinced that subduing a band of sixty, or at the 
most eighty, Modocs would be a trifling matter if 
once they could come at them; and the state troops, 
having only enlisted for thirty days, saw the time 
slipping away in which they had meant to distinguish 
themselves. The weather had become very cold, and 
the militia were ill supplied with blankets and certain 
articles of commissariat. Another difficulty now pre 
sented itself. They had enlisted to fight in Oregon, 
whereas the retreat chosen by the enemy lay just over 
the boundary in California; but General Wheaton 
overcame this last, by ordering Ross to pursue and 
fight the hostile Indians wherever they could be 
found.* 5 

Actual hostilities were inaugurated December 22d, 
by Captain Jack attacking Bernard s wagon-train as 
it was returning from Bid-well with a supply of ammu 
nition, guarded by a small detachment. The attack 
was made a mile from camp, on the east side of the 
lake, by firing from an ambuscade, when one soldier 
and six horses were killed at the first fire. Lieuten 
ant Kyle, hearing the noise of shooting, hastened to 

45 Boyle s Conduct oftlie Modoc War, MS., 9. 



READY TO FIGHT. 585 

the rescue with nearly all the troops in reserve, but 
ten having had time to mount, and in this unprepared 
manner fought the Indians the remainder of the day. 
In this skirmish the long range of the United States 
arms seemed to surprise the Modocs, as it saved the 
train. The Indians failed to capture the ammunition, 
but lost their own horses, and four warriors killed and 
wounded. A bugler whom they pursued escaped to 
headquarters, when Jackson s troops were sent to 
reenforce Bernard; but before his arrival the Modocs 
had retreated. 46 About the same time they showed 
themselves on Lost River, opposite headquarters, in 
viting the attack of the soldiery; and also near Van 
Bremer s, where Perry and Ross were encamped to 
gether. 

On the 25th of December Wheaton ordered the 
volunteers to the front, and word was sent to Langell 
Valley, where five families still remained, to fortify. 
Preferring to go to Linkville, they set out in wagons, 
and were fired upon from an ambush near the springs 
on Lost River, but were relieved and escorted to their 
destination by a scouting party. A supply-train from 
Klamath was also attacked, and a part of the escort 
wounded, being relieved in the same manner by the 
volunteers. 

Colonel Green, who still retained the immediate 
command of the troops, was now ordered to attack 
the Indians whenever in his judgment sufficient mate 
rial of war was on hand. "With the howitzers and 
one snow-storm I am ready to begin," had been his 
asseveration. On the 5th of January another recon- 
noissance was made, by Captain Kelly of Ross bat 
talion, with a detachment of twelve men, with the 
object of finding a more practicable route than the 
one in use from Van Bremer s, where Green had taken 
up his headquarters, to the Modoc stronghold. On 

46 Eeptof Gen. Wheaton, in H. Ex. Doc., 122, 48-9, 43d cong. 1st sess.; 
Boyle $ Conduct of the Modoc War, MS., 7-9; lied Bluff Sentinel, Feb. 1, 
1873. 



586 THE MODOC WAR. 

the way they had a skirmish with twenty of Jack s 
people, who retreated toward camp, but being pursued, 
dismounted and fortified. The firing brought a rein 
forcement from Jack s camp, when the volunteers 
retreated to an open field, while the Indians, not car 
ing to engage again, returned to the lava- beds. A 
scout by Applegate with twenty men revealed the 
fact that the high ridge between Van Bremer s and 
the lava-field, known as Van Brerner s Hill, was used 
as an observatory by the Modocs, who kept them 
selves informed of every movement of the troops. 

On the 12th of January an expedition consisting 
of a detachment of thirteen men under Perry, a 
handful of scouts under Donald McKay, and thirty 
of Applegate s mixed company, the whole under Colo 
nel Green, made a reconnoissance from headquar 
ters to ascertain whether wagons could be taken to a 
position in front of the Modoc stronghold. Green 
was fired on from a rocky point of the high bluff on 
the verge of and overlooking the lava-field. Perry 
returned the fire, driving in the Modoc sentinels, and 
shooting one of the Hot Creek Indians through the 
shoulder. Applegate came up in time to observe 
that the Modocs were dividing into small parties to 
ascend the hill and get on the flank of the troops, 
when he stretched a skirmish-line along the bluff 
for a considerable distance to intercept them. Scar- 
face, who was stationed on a high point in the lava- 
bed, cried out in stentorian tones to his warriors, "Keep 
back, keep back; I can see them in the rocks!" 47 

The Modoc guard then fell back half-way down the 
hill, where they made a stand and defied the soldiers, 
but made strong appeals to the Indian allies to for- 

47 Applegate s Modoc Hist., MS. Another instance of the wonderful voice- 
power of Scarface is mentioned by a writer in the Portland Herald, and in 
Early Affairs in Siskit/ou County, MS. We distinctly heard, incredible as it 
may seem, above the distant yells and cries of the camp below, three or four 
miles away a big basso voice, that sounded like a trumpet, and that seemed 
to give command. The big voice was understood and interpreted as saying: 
" There are but few of them, and they are on foot. Get your horses ! Get 
your horses I " 



HEAP BIG TALK. 587 

sake the white men and join their own race to fight. 
The leaders were very confident. Hooker Jim said 
once he had been for peace, but now he was for war, 
and if the soldiers wished to fight, they should have 
the opportunity, while Jack and Black Jim challenged 
the troops to come down where they were. 

A medicine-woman also made an address to the 
Klamath and Modoc scouts, saying that were all the 
Indians acting in concert they would be few enough, 
and entreating them to join Jack s force. Donald 
McKay answered in the Cayuse tongue that their 
hands were reddened with the blood of innocent 
white people, for which they should surely be pun 
ished, when Jack, losing patience, replied that he did 
not want to fight Cayuses, but soldiers, and he invited 
them to come and fight, and he would whip them all. 
The Klamaths asked permission to reply, but Colonel 
Green, thinking the communication unprofitable, for 
bade it. 48 

It not being Green s intention to fight that day, 
a retreat was ordered. To this the Klamaths were 
opposed, saying he had the advantage of position, and 
could easily do some execution on the Modocs. As 
Green withdrew, the Modocs resumed their position 
on the hill, and the Klamaths, being then on the crest 
of the second hill, wished to open on them, but were 
restrained. 

There w r as much discussion about this time away 
from the seat of war concerning the causes which led 
to it, 49 and much dissatisfaction was felt that nothing 
had been done to restrain Jack s band, which still 

i8 It was certainly unsafe allowing the Indian allies to converse with the 
hostile Modocs, who appealed to them so strongly for help. The regular offi 
cers afterward entertained the belief that the Klamaths acted deceitfully, 
and promised Jack help, in the Modoc tongue. But Applegate s confidence 
was never shaken, and he trusted them in very great emergencies. Modoc 
Hist., MS. 

49 It was intimated in Cal. that speculation in Oregon had much to do 
with it, to which a writer in the Oregonian, Jan. 18, 1873, retorted that he 
agreed with Gov. Booth in that respect, for citizens of Cal. had for years 
encouraged the Modocs in refusing to go upon the reservation, for no other 
reason than to secure their trade, etc. ; which the facts seem to show. 



588 THE MODOC WAR. 

made predatory excursions away from their strong 
hold. It was now the middle of January. The set 
tlers in Klamath Valley remained under cover. The 
road from Tule Lake southward was closed. Fairchild 
and Dorris had converted their homes into fortified 
.camps. There was much uneasiness in northern Cal 
ifornia, and talk of forming companies of home-guards, 
Dorris being selected to visit Booth to obtain aid. 
But Booth had other advisers, and instead of furnish 
ing arms, made a recommendation to the government 
to set apart five thousand acres of land where Jack 
desired it, as a reservation for his band, all of which 
interference only complicated affairs, as will be seen. 

On the 16th of January, everything being in readi 
ness, and the weather foggy, which answered in place 
of a snow-storm to conceal the movements of the 
troops, the army marched upon Jack s stronghold. 5 
The regulars in the field numbered 225, and the vol 
unteers about 150. In addition to the companies 
already mentioned was one of twenty-four sharp 
shooters under Fairchild. Miller of the Oregon mi 
litia had been ordered to the front by Governor 
Grover, but took no part in the action which followed. 

At four o clock in the morning Colonel Green, with 
Perry s troops, moved up to the bluff on the south 
west corner of Tule Lake to clear it of Modoc pickets, 
and cover the movements of the main force to a camp 
on the bluff three miles west of Jack s stronghold, so 
located as to be out of sight of the enemy. By three 
in the afternoon the whole force was in position, con 
sisting of two companies of infantry under Captain 
Burton and Lieutenant Moore, a detachment of 
another company under Sergeant John McNamara, 

60 VVheaton 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 exuberant spirits. If the 
Modocs will only try to make good their boast to whip 1,000 soldiers, all will 
be satisfied. Our scouts and friendly Indians insist that the Modocs will 
fight us desperately, but I don t understand how they can think of attempt 
ing any serious resistance, though of course we are prepared for their fight or 
flight. 1 11. Ex. Doc., 122, 49-50, 43d cong. 1st sess. 



ATTACK ON THE LAVA-BEDS. 589 

Ross volunteers under Hugh Kelly and 0. C. Apple- 
gate; the howitzer battery under Lieutenant W. H. 
Miller, and Fairchild s sharp-shooters ; all, but some of 
the scouts, dismounted, furnished with a hundred 
rounds of ammunition, with fifty in close reserve, and 
cooked rations for three days. A line of pickets was 
thrown out along the edge of the bluff and another 
around the camp. 

On the east side of the lake were Bernard s and 
Jackson s companies, and twenty regularly enlisted 
Klamath scouts under the chief David Hill, all com 
manded by Bernard, who had been directed to move 
up to a point two miles from the Modoc position, to 
be in readiness to attack at sunrise; but proceeding in 
ignorance of the ground, and contrary to the advice of 
his guide, he came so near to the stronghold that he 
was attacked, and compelled to retreat with four men 
wounded, 51 which unfortunate^error greatly embarrassed 
him next day. 

As the troops looked down, on the morning of the 
17th, from the high bluff, the fog which overhung the 
lava-bed resembled a quiet sea. Down into it they 
were to plunge and feel for the positions assigned 
them. Mason with the infantry had his position at 
the extreme left of the line, resting on the lake, with 
Fairchild s sharp-shooters flanking him. On his right 
were the howitzers, in the centre General Wheaton 
and staff, and generals Miller and Ross of the militia; 
on the right of these Kelly and Applegate wiuh their 
companies, and on the extreme right Perry s troop, 
dismounted. 52 

Descending the bluff by a narrow trail, surprised at 
meeting no Modoc picket, the troops gained their po 
sitions, in the order given, about seven in the morning. 
It w r as the design to move the line out on the right 
until it met Bernard s left in front of the Modoc posi- 

51 Boyle s Conduct of the Modoc War, MS., 11. 

62 Boyle places Perry in the centre, but he was not on the field, and Green 
tnd Applegate were, whose reports I follow. 



590 THE MODOC WAR. 

tion, where three shots were to be fired by the howit 
zers to announce a parley, and give Jack an opportu 
nity to surrender. 

But the accident of the previous afternoon having 
put the Modocs on their guard, hardly had the line 
formed wlnn the Indians opened fire, and instead of 
surrounding them and demanding their surrender, the 
troops found that they must fight for every foot of 
ground between them and the fortress. The fog, too, 
now became an obstacle instead of an aid to success. 
Unable to discern their course, the troops were com 
pelled to scramble over and amongst the rocks as best 
they could, at the risk any moment of falling into am 
bush, making the movement on the right painfully 
slow. Nevertheless it was steadily pushed forward, 
all caution being used, the men often lying flat and 
crawling over rocks within a few yards of the Indians, 
who could be heard but not seen. The howitzers, 
which had been relied upon to demoralize the Indians, 
proved useless so long as the enemy s position was 
concealed from view. The line, after advancing a 
mile and a half, was halted and a few shells thrown, 
causing the Indians some alarm, but through fear of 
hitting Bernard s command the firing was soon sus- 

o 4 

pended. Again the line was pushed on another mile 
and a half by a series of short charges, jumping 
chasms and sounding the war-whoop. 

About one o clock the extreme right of the line, 
which now enveloped the stronghold on the west and 
south, was brought to a halt by a deep, wide gorge in 
the lava, which could not be crossed without sacrifice 
of life, 53 as it was strongly guarded, and in close neigh 
borhood to the main citadel. On consultation with 
Wheaton and other officers, Green determined to move 
the west line by the left and connect with Bernard by 
the shore of the lake. 

At this point some confusion occurred in the line. 

63 The reader should not forget that Green intended to capture Jack with 
out a serious fight, if possible. 



PROGRESS OF THE FIGHT. 591 

In the skirmishing and clambering among the rocks, 
and the bewilderment of the fog, the volunteers had 
changed places with Perry s troop, and were now on 
the extreme right. They had, in fact, charged down 
the ravine, and Applegate s company had gained a 
position on the sage plain beyond where they lay con 
cealed. Then came an order, " Look out for Bernard !" 
and a volley which mowed down the sage over their 
heads, so near were they to a junction with him. 
While the volunteers were preparing to charge on the 
stronghold the regular troops had begun to withdraw, 
seeing which, they were for a time puzzled, until near- 
ing the Modoc position, it was discovered that most 
of the troops were passing to the left under the bluffs 
on the west side of the lake; soon after which an or 
der reached the volunteers to report to headquarters, 
where they found a portion of Perry s troop and a re 
serve of infantry under Lieutenant Ross. 

Meanwhile Mason and Green were endeavoring to 
make the junction by the left, the troops encountering 
a destructive fire as they plunged into a ravine on the 
shore of the lake nearly as dangerous to cross as that 
on the route first pursued. By pushing forward the 
sharp-shooters and a detachment of Burton s company 
to cover the troops as they passed, the crossing was 
effected. But as Wheaton afterwards said, "There 
was nothing to fire at but a puff of smoke issuing from 
cracks in the rock;" while the Modocs were stationed 
at the most favorable points for picking off the men 
as they hurried past, crawling over the sharp rocks 
on their hands and feet, suffering terribly. 

After Green had passed the first ravine, Bernard 
was heard to say that he was within four or five hun 
dred yards of the stronghold, and Green resolved if 
possible to join him, and make a charge before dark. 
But after sustaining a fire from the Modocs stationed 
in the cliffs overhanging the lake shore until he had 
almost made the junction, he found himself confronted 
by another deep canon, so well defended that he was 



692 THE MODOC WAR. 

unable to effect a crossing, and was, besides, compelled 
to defend himself from a flank movement by the Mo- 
docs on his left. While in this discouraging position 
the fog lifted, and a signal was received from Wheaton 
to come into camp, established in a small cove on the 
lake shore, if he thought best. But fearing to expose 
his men a second time to the peril of passing the Mo- 
doc position, Green declined, and when night had 
fallen, commenced a march of fourteen miles, over a 
trail fit only for a chamois to travel, passing the 
dreaded ravine, carrying the wounded in blankets or 
on the backs of ponies captured during the day. Their 
sufferings were severe. One man, belonging to Fair- 
child s company, rode the whole distance with his 
thigh-bone broken and his leg dangling. 54 When a 
halt was called, the men fell asleep standing or riding. 
Their clothing was in shreds from crawling among 
the rocks; their shoes were worn off their feet. A 
month in the field would not have brought them to 
such a state. It was not until past noon of the 18th 
that Green s command reached Bernard s camp on 
the east side of the lake. After making arrangements 
for the removal of the wounded to Fort Klamath, 
seventy miles away, over a rough road, three miles of 
which was over naked bowlders, Green and Mason, 
with an escort of ten Indian scouts, returned to head 
quarters that same night by the wagon-road around 
the north side of the lake. 

When the volunteer captains reported to Wheaton, 
they were ordered to take their men to the lake for 
water, and then to take up a position in the crags, 
and extend a skirmish line to the left. While in this 
position, the Modocs not being far off, Hooker Jim 
was heard to call the attention of the other leaders 
to the separation of the volunteers from the regular 
troops, and that by moving around to the right of the 
volunteers they could cut them off, and also cut off 

64 Boyle s Conduct of the Modoc War, MS., 18-19. This was Jerry Crook. 
He died in February. 



DEFEAT OF THE SOLDIERS. 593 

communication between Wheaton s camp by the lake 
arid his supplies on the hill, which were left in charge 
of only ten men. Signal-fires were already springing 
up in that direction. 

This determined Wheaton to fall back to camp, and 
he again signalled to Green his change of plan, author 
izing him to withdraw to Bernard s camp, as just re 
lated. At dark the retreat to camp began, Applegate 
leading, the wounded in the centre, and Kelly s com 
pany, with the detachment under Ross, skirmishing 
in the rear. As the evening advanced the Modocs 
withdrew, and the stumbling and exhausted men 
reached camp a little before midnight. 

The loss sustained in the reconnoissance of the 17th- 
for it could hardly be called a battle was nine killed 
and thirty wounded. 55 Among the latter were Cap 
tain Perry and Lieutenant Kyle of the regular ser 
vice, and Lieutenant George Roberts of the sharp 
shooters. The dead were left upon the field, where if 
life were not extinct the Modoc women soon despatched 
them. The high spirits of the morning were sunken 
in a lethargy of mingled sorrow and exhaustion at 
night. Every officer who had taken part in the oper 
ations of the 17th was surprised at the result of six 
weeks preparation for this event, and it became evi 
dent that a much larger force would be required to 
capture the Modocs in their stronghold- -the strongest 
natural position ever encountered by the army, if not, 
indeed, the strongest possible to find on earth. 5( 

The loss of life on the side of the Modocs was not 
thought to be great. The arms and ammunition cap 
tured on the persons of the fallen soldiers made good 
much of their loss in material. They were, in fact, 
scouting within six miles of Lost River on the 19th, 
Lieutenant Ream with twenty-five volunteers having 

63 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. 

56 Kept of Gen. Wheaton, in H. Ex Doc., 122, 43d cong. 1st sess. 
HIST. OB., VOL. II. 38 



594 THE MODOC WAR. 

encountered some of them as he was on his way to 
Bernard s with the horses of Fairchild s company, and 
Applegate was sent to guard the settlements. 

The time for which the Jacksonville volunteers en 
listed having expired, they were now anxious to return 
to their homes and business, which had been hastily 
left at the call of their fellow-citizens. Applegate, too, 
fearing the effect of the late defeat on the reservation 
Modocs, wished to return to camp Yainax. In con 
sideration of these circumstances, Wheaton sent a de 
spatch to Portland, by way of Yreka, asking Canby for 
three hundred foot-troops and four mortars, and sug 
gesting that the governor of California should be 
called upon to send militia to guard that portion of 
his state open to incursions from the Modocs. Canby 
immediately responded by ordering two companies of 
artillery and two of infantry to the seat of war, and 
as the inhabitants of Surprise Valley apprehended an 
uprising of the Shoshones on account of the Modoc 
excitement, a company of cavalry was sent to their 
defence, making the number of troops in the Modoc 
region six hundred, exclusive of the garrisons at the 
several posts in the district of the lakes. But even 
with these, the country being in part inadequately 
guarded, the general sent a recommendation to army 
headquarters at Washington, that conditional author 
ity should be given him to call upon the governors of 
Oregon and California for two companies of volun 
teers from each state. 

On the 23d the encampment at Van Bremer s was 
broken up, the troops and stores removed to Lost 
River ford, and a permanent camp established, where 
preparations were carried on for attacking Jack in his 
stronghold, when two mortar-boats should have been 
constructed, by which his position could be shelled 
from the lake side a plan which, if it had been put in 
execution, would have ended the war. 

But now again outside interference with the Modoc 



A PEACE COMMISSION. 595 

question was productive of the worst results. 57 It hap 
pened that E. L. Applegate, brother of O. C. and 
Ivan Applegate, commissaries on the reservation, was 
in Washington as a commissioner of immigration; 
but the legislature of Oregon having failed to furnish 
funds for his purposes, he was in need of some other 
commission. Meacham, ex-superintendent of Indian 
affairs, was also there, and these two men proposed to 
the perplexed secretary of the interior a plan of settle 
ment of the Modoc difficulty in harmony with his 
prejudices. 58 When the scheme was ripe, Attorney- 
general Williams arranged an interview, and the thing 
was accomplished. Other politicians made the appeal 
in favor of a peace commission, and closed their argu 
ment by recommending Meacham as a commissioner, 
being a man "in whom they have great confidence" 
meaning the Modocs. All this seems very singular, 
when it is remembered that Jack would have none of 
Meacham s advice when he was superintendent. It 
was not less singular that E. L. Applegate should 
have consented to act directly in opposition to the 
opinions of his family, gained by a harassing experi 
ence; but the fact remains that Meacham returned to 
Oregon as chairman of a peace commission. 59 

On the 30th of January the secretary of war di 
rected General Sherman to notify Canby that offens 
ive operations against the Modocs should cease, and 
the troops be used only to repel attacks and protect 
the citizens. Wheaton was also relieved of his com 
mand, 60 which was assumed by Colonel Alvin C. Gillem 

57 See remarks of N. Y. Tribune, in S. F. Bulletin, Jan. 25, 1873, and Sac. 
Union, Jan. 31, 1873. 

58 See H. Ex. Doc., 122, 239-40, 43d cong. 1st sess. 

69 The Washington correspondent of the S. F. Bulletin names the Orego- 
nians in Washington who were the authors of the peace commission. They 
were A. B. Meacham, E. L. Applegate, S. A. Clarke, D. P. Thompson, M. 
P. Berry, R. H. Kincaid, Daniel Chaplin, and a few other Oregon gentle 
men. Jacob Stitzel should have been added. Meacham was the elector 
chosen to carry the vote of Oregon to Washington on Grant s reelection, and 
was in a position to have his requests granted. 

60 There was a general protest against Wheaton s removal, it being con 
ceded, by those who knew the difficulties to be encountered, that he had done 
as well as could be done with his force. 



596 THE MODOC WAR. 

of the 1st cavalry. Canby also felt that the new or 
der of the war department implied censure of himself, 
and wrote to Sherman that hostilities could not have 
been avoided, as the Modocs were determined to re 
sist; that he had taken care that they should not be 
coerced until their claims had been decided upon by 
the proper authorities; and that there would be no 
peace on the frontier until they were subdued and 
punished for their crimes. Sherman replied to Can- 
by s protest: "Let all defensive measures proceed, 
but order no attack on the Indians until the former 
orders are modified or changed by the president, who 
seems disposed to allow the peace men to try their 
hands on Captain Jack." 

The commissioners first named to serve with 
Meacham were Superintendent Odeneal and Parson 
Wilbur, agent at Simcoe reservation; but Meacham 
refusing to serve with either, Jesse Applegate and 
Samuel Case were substituted. Canby was advised 
of the appointments, and also that the commissioners 
were to meet and confer with him at Linkville on the 
15th of February; but the meeting did not take place 
until the 18th, on account of Meacham s failure to 
arrive. 

In the interim Jack kept up the excitement by 
attacks now and then on the troops, in which cases 
they also fought vigorously. On the 25th of Janu 
ary an attack was made on the rear-guard of the train 
of Bernard, who was moving camp from the south-east 
corner of Tule Lake to Clear Lake. They had cap 
tured one wagon, when Bernard returned and fought 
them, taking nearly all their horses, and depriving 
them of the means of making forays through the sur 
rounding country. In the various encounters, eight 
Modocs had been killed and as many wounded. 

Being shorn of a part of his strength, Jack resorted 
to savage wiles, and allowed it to go out that he was 
tired of war, keeping up a constant communication, 
which the armistice permitted him to do, with his 



INDIAN DIPLOMACY. 597 

former friends, and even with the camp of Gillem, 
through the visits to these places of the Modoc 
women. They quickly came to understand that they 
were to be visited by a peace commission; and not to 
be behind the United States in humanity, they also 
pretended to a peace party among themselves, and 
even that Jack had been wounded by his own men 
for not fighting on the 17th. 

This familiar phase of Indian diplomacy did not 
deceive any one. Fairchild endeavored to gain an 
interview, but was refused. After a quiet interval 
of nearly a fortnight, some of their scouts again 
ventured out as far as Crawley s house, which they 
burned. 

When the people whose relatives had been killed 
in the massacre of the 29th and 30th of November 
heard of the peace commission, they took steps to 
have eight of Jack s band indicted before the grand 
jury of Jackson county, in order to forestall the pos 
sible action of the commissioners, and secure the pun 
ishment of the murderers. 61 Governor Grover also 
filed a protest with the board against any action of 
the commission which should purport to condone the 
crimes of the Modocs, who, he claimed, should be 
given up and delivered over to the civil authorities 
for trial and punishment, and insisting that they would 
have no more authority to declare a reservation on 
the settled lands of Lost River than on the other 
settled portions of the state. 

To this protest, which was forwarded to the secre 
tary of the interior, Delano replied that the commis 
sion should proceed without reference to it; that if 
the authority of the United States were defied or 
resisted, the government would riot be responsible for 
the results; and that the state might be left to take 

61 These 8 were Scarface Charley, Hooker Jim, Long Jim, One-eyed Mose, 
Old Doctor Humphrey, Little Jim, Boston Charley, and Dave. Oregonian, 
Feb. 15, 1873; 11. Ex. Doc., 122, 2U3, 43cl cong. 1st sess. 



598 THE MODOC WAR. 

care of the Indians without the assistance of the 
government; the United States in this case being 
represented by a coterie of politicians who were simply 
experimenting with a contumelious band of spoiled 
savages, without regard to the rights of the white 
people of the state. 62 To this haughty and overbear 
ing message the people could only reply by still pro 
testing. 

The commissioners, after meeting at Linkville, re 
paired to Fairchild s place on Willow Creek, to be 
nearer all points of communication with the govern 
ment, the army, and the Modocs. The services were 
secured of Whittle and his Indian wife Matilda, 
who were to act as messengers and interpreters. The 
first work of the board was to investigate the causes 
of the hostile attitude of the Modocs, during which 
the facts already presented in this chapter were 
brought out; 63 and while this was in progress Whittle 
made a visit to the Modocs to learn how Jack would 
receive the peace commissioners. 

On the 21st of February Meacham telegraphed to 
Washington that he had a message from Jack, who 
declared himself tired of living in the rocks and desir 
ous of peace; that he was glad to hear from Wash 
ington, but did not wish to talk with any one who 
had been engaged in the war; and that he would meet 
Meacham and Case outside the rocks without harm 
ing them. 64 

This was not an honest report. What Jack did 
say to Whittle was that he would consent to a con 
ference with Steele, Roseborough, and Fairchild, but 
declined to meet the commissioners. 65 The presi 
dent had already, by the advice of Canby, appointed 
Roseborough as one of the board, who in company 

62 Red Blvff Sentinel, Feb. 22, 1873; New York Herald, Feb. 17 and June 
2, 1873. 

63 Jesse Applegate resigned rather than investigate his brother and 
nephews. 

64 See telegram in H. Ex. Doc., 122, 255, 43d cong. 1st sess. 

65 Yreka despatches, in Oregonian, Feb. 26, 1873. 



NEGOTIATIONS WITH THE SAVAGES. 599 

with Steele, who it was thought might be useful in 
communicating with Jack, was then on his way to the 
front. Before his arrival, however, Whittle had a 
second interview with Jack, whom he met a mile 
from the lava-beds with a company of forty warriors 
heavily equipped with needle-guns and small arms, 
but asserting that he only wanted peace, to prove 
which he pointed to the fact that the houses of Dorris, 
Fairchild, Van Bremer, and Small were still left stand 
ing, and again consenting to talk with the men before 
named. Growing impatient, he expressed a desire to 
have the meeting over, and Dave, one of his company, 
returned to camp with Whittle, and carried back 
word that Fairchild would make a preliminary visit 
on the 26th to arrange for the official council. 66 

Accordingly, on that day Fairchild, accompanied, 
not by Whittle and Matilda, but by T. F. Kiddle and 
his Indian wife, Toby, 67 as interpreters, repaired to 
the rendezvous. He was charged to say that the 
commissioners would come in good faith to make 
peace, and that he was delegated to fix upon a place 
and time for the council. But the only place where 
Jack would consent to meet them was in the lava-beds; 
and as Fairchild would not agree that the commis 
sioners should go unarmed into the stronghold, he 
returned to camp without making any appointment. 
With him were allowed to come several well-known 
murderers, Hooker Jim, Curly-headed Doctor, and 
the chief of the Hot Creeks, Shackriasty Jim. They 
came to make terms with 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 and 10 against it, while 
the others were indifferent. Yreka despatches, in Oregonian, Feb. 25, 1873. 

67 Whittle and Riddle belonged to that class of white men known on the 
frontier as squaw men. They were not necessarily bad or vicious, but in 
all disturbances of the kind in which the people were then plunged were an 
element of mischief to both sides. Having Indian wives, they were forced to 
keep on terms of friendship with the Indians whatever their character; and 
owing allegiance to the laws of the state and their own race, they had at 
least to pretend to be obedient to them. It is easy to see that their encour 
agement of the Modocs, direct or indirect, had a great deal to do with bring 
ing on and lengthening the war. 



600 THE MODOC WAR. 

Klarnaths, for the return of sixty horses captured dur 
ing the war, with which transaction there was no in 
terference by the military. 68 

On the arrival of Steele, the board of commissioners 
held a meeting, and decided to offer the Modocs a gen 
eral amnesty on condition of a complete surrender, and 
consent to remove to a distant reservation within the 
limits of Oregon or California, Canby to conclude the 
final terms. Against this protocol Meacbam voted, 
being still inclined to give Jack a reservation of his 
choice. On the 5th of March Steele proceeded, in 
company with Fairchild, Riddle, and Toby, and a 
newspaper reporter, R. H. Atwell, to visit the Mocloc 
stronghold, and make known to Jack the terms offered. 
A singular misunderstanding resulted. Steele, who 
was but little acquainted with the language of the 
Modocs, reported that Jack had accepted the offer of 
the commissioners, and Fairchild that he had not. 
Riddle and Toby were the best of interpreters ; Scar- 
face spoke English very well, and Jack but little 
if at all. Steele and Fairchild were equally well 
acquainted with Indian manners, making their differ 
ence of opinion the more unaccountable. 

When Steele handed in his report there was a feel 
ing of relief experienced in camp, and the commis 
sioners set about preparing despatches, only to be 
thrown into confusion by the contradictory statement 
of Fairchild. So confident was Steele, that he decided 
upon returning for verification of his belief; but Fair- 
child declined to expose himself to the rage of the 
Modocs when they should find they had been misin 
terpreted. In view of these conflicting opinions, 
Meacham cautiously reported that he had reason to 
believe that an honorable and permanent peace would 
be concluded within a few days. 69 

On returning that evening to the Modoc strong 
hold, Steele found the Indians in much excitement. 

68 Yreka despatches, in Orrgonian, March 1873; Ind. Aff. Rept, 1873, 75. 
. Ex Doc., 122, 260, 43d cong. 1st sess. 



CAPTAIN JACK DEFIANT. 601 

They had been reenforced by twenty warriors. 
Sconchin 70 was openly hostile, Jack still professing to 
desire peace. The evidences of blood-thirstiness were 
so plain, however, that Steele s confidence was much 
shaken, and he slept that night guarded by Scarface. 
In the morning Jack wore, instead of his own, a 
woman s hat supposed to indicate his peace prin 
ciples; and Sconchin made a violent war speech. 
When he. had finished, Jack threw off his woman s 
hat and hypocrisy together, declaring that he would 
never go upon a reservation to be starved. When 
told by Steele of the futility of resistance, and the 
power of the American people, he listened with com 
posure, replying: "Kill with bullets don t hurt much; 
starve to death hurt a heap." 71 No full report of this 
interview was made public. It was understood that 
a complete amnesty had been offered, provided the 
Modocs would surrender, and go to Angel Island in 
the bay of San Francisco, until a reservation could be 
found for them in a warm climate. They were to be 
comfortably fed and clothed where they were until re 
moved to Angel Island, and Jack was offered permis 
sion to visit the city of Washington in company with 
a few of his head men. Jack made a counter-proposi 
tion, to be forgiven and left in the lava-beds. He de 
sired Meachain and Applegate, with six men unarmed, 
to come on the following day and shake hands with 
him as a token of peace. 

On returning from the conference, Steele advised 
the commissioners to cease negotiations until the Ind 
ians should themselves make overtures, saying that 
the Modocs thought the soldiers afraid of them, and 

o 

carried on negotiations solely in the hope of getting 
Canby, Gillem, Meacham, and Applegate into their 

70 Sconchin of Jack s band was a brother of the chief Sconchin at Yainax, 
and an intelligent though unruly Indian. 

11 Steele s Modoc Question, MS.. 25. It is noticeable that in all Steele s in 
terviews with Jack he never made any attempt to impress upon his mind the 
benevolent intentions of the government, but only its coercive power, which 
he knew Jack defied. 



602 THE MODOC WAK. 

power to kill them. As for himself, he would take 
no more risks among them. 

Meacham then telegraphed the secretary of the 
interior that the Modocs rejected peace, and meant 
treachery in proposing to shake hands with the com 
missioners unarmed; but Delano, with the theoretical 
wisdom of the average politician, replied that he did 
not so believe, and that negotiations were to be con 
tinued. Canby telegraphed Sherman, March 5th, that 
the reports from the Modocs indicated treachery and 
a renewal of hostilities, to which Sherman replied 
that the authorities at Washington confided in him, 
and placed the matter in his hands. : 



72 



It was not until this intimation of a change in the 
board was made that the commissioners, having com 
pleted their examination of the causes which led to 
hostilities, presented their report. The conclusions 
arrived at were that in any settlement of the existing 
hostilities it would be inadmissible to return the 
Modocs to the Klamath reservation, the Klamaths 
having taken part in the war against them; or to set 
apart a reservation on Lost River, the scene of their 
atrocities. They also objected to a general amnesty, 
which would bring the federal government in conflict 
with the state governments, and furnish a precedent 
calculated to cause misconduct on the reservations, 
besides greatly offending the friends of the murdered 
citizens. It was their opinion that the eight Indians 
indicted should be surrendered to the state authorities 
to be tried. Should the Modocs accept an amnesty, 
they should, with the exception of the eight indicted, 
be removed at once to some fort, other than Fort 

72 The despatch read: All parties here have absolute faith in you, but mis 
trust the commissioners. If that Modoc affair can be terminated peacefully 
by you it will be accepted by the secretary of the interior as well as the pres 
ident. Answer immediately, and advise the names of one or two good men 
with whom you can act, and they will receive the necessary authority; or, if 
you can effect the surrender to you of the hostile Modocs, do it, and remove 
them under guard to some safe place, assured that the government will deal 
by them liberally and fairly. 



PROMISED SUBMISSION. 603 

Klamath, until their final destination was decided 
upon. 73 

To this report General Canby gave his approval, 
except that he held the opinion that the Indians, by 
surrendering as prisoners of war, would be exempt 
from process of trial by the state authorities of Oregon 
or California. From this opinion Roseborough dis 
sented, but thought neither state would interfere if 
satisfied that the murderers would be removed to 
some distant country beyond the possibility of return. 

Applegate and Case having resigned, the former 
with a characteristic special report to the acting com 
missioner of Indian affairs, H. K. Clum, in which he 
alluded to the peace commission as an "expensive 
blunder," and rejected his pay of ten dollars a day, it 
might be said that after the 6th of March no board 
really existed, and everything was in the hands of 
Canby. Jack, who kept himself informed of all that 
was transpiring, and fearful lest the commissioners 
should yet slip through his fingers, sent his sister 
Mary, on the day following Steele s final departure, to 
Canby, to say that he accepted the terms offered on 
the 3d, of present support and protection, with re 
moval to a distant country; asking that a delegation 
of his people might be permitted to accompany the 
government officers in search of a new home, while the 
remainder waited, under the protection of the military, 
and proposed that the surrender should be made on 
the 10th. 

To this proposition Canby assented, and word was 
sent to Jack that he and as many of his people as 
were able to come, should come into camp that even 
ing, or next morning, and that wagons would be sent 
to the edge of the lake to fetch the others on Monday. 
But Jack did not come as expected, and the messen 
gers sent to him returned with the information that 
they could not yet leave the lava-beds, as they were 

^Portland Bulletin, March 13, 1873; Jacksonville Sentinel, March 8, 15, 
1873; Gold Hill News, March 15, 1873; S. F. Call, March 5, 6, 7, 12, 13, 1873. 



604 THE MODOC WAR. 

interring their dead, but would soon keep their prom 
ise. Canby then sent warning that unless they sur 
rendered at once the troops would be sent against 
them, and Mary was sent once more to convey mes 
sages from Sconchin and Jack. The former affected 
surprise that the white officers should so soon be 
offended with them, and wished to know the names of 
those who sent the warning message; and Jack de 
clared he desired peace or war at once, but preferred 
peace. There was little in his message, however, to 
indicate any degree of humility. On the contrary, he 
dictated the terms, which would leave him master of 
the situation, his people fed and clothed, and allowed 
to remain on Lost River, while he went forth free. 
Riddle and Toby, who interpreted the messages from 
the Modocs, saw in them a sinister meaning, and cau 
tioned Canby. 

The general, finding himself forced into a position 
where he must vindicate the power and righteousness 
of the government, and obey orders from the depart 
ments, had little choice. Either he must make war 
on the Modocs, which he was forbidden to do, or he 
must make peace with them, which was still doubtful. 
He chose to accept as valid the excuses for their want 
of faith, and went on making preparations for their 
reception at his camp on the 10th. Tents were put 
up to shelter them, hay provided for beds, and new 
blankets, with food and fire- wood furnished, besides 
many actual luxuries for the head men. On the day 
appointed, four wagons were sent, under the charge of 
Steele and David Horn, a teamster, to Point of 
Rocks on Klamath Lake, the rendezvous agreed upon; 
but no Indians appearing, after four hours of waiting 
the expedition returned and reported. Notwith 
standing this, Canby telegraphed that he did not re 
gard the last action of the Modocs as final, and would 
spare no pains to bring about the result desired; but 
might be compelled to make some movement of troops 
to keep them under observation. This was satisfac- 



CONTINUED SUSPENSE. 605 

tory to the secretary of the interior, but not quite so 
to General Sherman, who had somewhat different 
views of the Mocloc question. 74 

On the llth a reconnoissance of the lava-beds, by a 
cavalry company under Colonel Biddle, was ordered, 
but he saw nothing of the Modocs. According to a 
previously expressed desire of Jack s, a messenger 
had been sent to Yainax to invite old Sconchin and a 
sub-chief, Riddle, to visit him, a proposition favored by 
the general, who hoped the friendly chiefs might influ 
ence him to make peace. Sconchin came reluctantly, 
and after the interview assured the general that all 
future negotiations would be unavailing. 

On the 13th Biddle, while reconnoitring the vicin 
ity of the lava-beds, captured thirty-four horses belong 
ing to the Modocs a measure thought necessary to 
lessen their means of escape. Two days afterward 
headquarters were moved to Van Bremer s, and the 
troops drawn closer about Jack s position. On the 
19th Meacham wrote that he had not entirely aban 
doned hope of success; but the Modocs were deterred 
by a fear that the Oregon authorities would demand 
the eight indicted men to be tried. In this letter he 
advocated a meeting on Jack s own terms, and said if 
left to his own judgment he should have visited the 
stronghold; even that he was ready to do so now, 
but was restrained by Can by ; though it did not appear 
that anything had transpired to change his mind since 
he had written that the Modocs meant treachery. 
Canby himself could not make his reports agree, for 
on one day he thought the Modocs would consent to 
go to Yainax, and on the next that they were not favor 
able to any arrangement. On the 22d, while Canby 

74 Sherman s telegram, after counselling patience, closed with this para 
graph: But should these peaceful measures fail, and should the Modocs pre 
sume too far on the forbearance of the government, and again resort to deceit 
and treachery, I trust you will make such use of the military force that no 
other Indian tribe will imitate their example, and that no reservation for them 
will be necessary except graves among their chosen lava-beds. 



606 THE MODOC WAR. 

and Gillem were making a reconnoissance with a cav 
alry company, an accidental meeting took place with 
Jack and a party of his warriors, at which a conference 
w r as agreed upon between Jack, Sconchin, and the two 
generals; but when the meeting took place it was 
Scarface, the acknowledged war-chief, instead of 
Sconchin, who accompanied Jack. These provoca 
tions caused Canby to tighten more and more the 
cordon of soldiery, and to remove headquarters to 
the foot of the high bluff skirting the lake, within 
three miles of the Modoc position. 

The peace commission, which had been reorgan 
ized by the appointment of E. Thomas, a methodist 
preacher of Petaluma, California, and L. S. Dyar of 
the Klamath agency, in place of Applegate and Case, 
resigned, arrived at headquarters on the 24th of 
March, and also Captain Applegate with five reser 
vation Modocs sent for by Canby to assist in the 
peace negotiations. On the 26th Thomas and Gil 
lem had an interview with Bogus Charley, another 
of the Modoc warriors, who passed freely between the 
stronghold and the military camp, carrying news of 
all he saw to his leader. In this interview it was 
once more agreed upon that on the following day 
Jack and his head men should meet these two in con 
ference; but instead, a message " of a private nature" 
was sent by a delegation consisting of Bogus Charley, 
Boston Charley, Mary, and Ellen, another Modoc 
woman. 

In this way the time passed until the last of March 
was reached, and fear was entertained that with the 
return of warm weather the Modocs would escape to 
the Shoshones, and that together they would join in 
a war on the outlying settlements. Hooker Jim had 
indeed already made a successful raid into Langell 
Valley, driving off a herd of horses; and on more than 
one occasion Jack s lieutenants had ventured as far 
as Yainax, laboring to induce Sconchin s band to join in 
a confederacy of five tribes, which he said were ready 



A CONFERENCE. 607 

to take the war-path as soon as he should quit the 
lava-beds; and these occurrences, becoming known, 
caused much alarm. 

On the 31st a movement by the troops in force was 
made, three hundred marching to the upper end of 
Klamath Lake, and thence on the 1st of April to Tule 
Lake and the lava-beds, Mason s position being two 
miles from the stronghold, on the east side. On the 
2d the Modocs signified their willingness to meet the 
peace commissioners at a point half-way between head 
quarters and the stronghold; but Jack only reiterated 
his terms, which were a general amnesty, Lost River, 
and to have the troops taken away. The only con 
cession made was his consent to having a council-tent 
erected at a place on the lava-field a mile and a quar 
ter from the camp of the commissioners. 

Again on the 4th a request was made by Jack for 
an interview with Meacham, Roseborough, and Fair- 
child at the council-tent. They went, accompanied 
by Riddle and Toby, and found Jack, with six warriors 
and the women of his family. Again Jack and Scon- 
chin demanded the Lost River country and their free 
dom. He was assured that it was useless talking 
about Lost River, which they had sold, and which 
could not be taken back. When reminded of the kill 
ing of the settlers, Jack declared that if the citizens 
had taken no part in the fight of the 29th the mur 
ders would not have taken place; and finally said that 
he would say no more about Lost River if he could 
have a reservation in California, including Willow, 
Cottonwood, and Hot creeks, with the lava-beds; but 
this also was pronounced impracticable. The council, 
which lasted five hours, was terminated by the Indians 
suddenly retiring, saying if their minds were changed 
on the morrow they would report. 

On the following morning Boston Charley brought 
a message from Jack to Roseborough, asking for an 
other interview, to which consent was refused until 
Jack should have made up his mind; when Boston 



608 THE MODOC WAR. 

cunningly remarked that the Modocs might surrender 
that day. Roseborough being deceived into thinking 
that they so intended, Toby Riddle was immediately 
sent to Jack with a message encouraging him in this 

o o o 

purpose. The proposition was not only declined, but 
in such a manner that on her return Toby assured 
the commissioners and General Canby that it would 
not be safe for them to meet the Modocs in council. 
This information was lightly treated by Canby and 
Thomas, but was regarded as of more consequence by 
Meacham and Dyar. Jack had succeeded in allaying 
the apprehensions of treachery once entertained by 
Canby, by his apparently weak and vacillating course, 
which appeared more like the obstinacy of a spoiled 
child than the resolution of a desperate man. The 
military, too, were disposed to regard Jack s attach 
ment to the region about Tule Lake as highly patri 
otic, and to see in it something romantic and touching. 
These influences were at that critical juncture of affairs 
undermining the better judgment of the army. 75 

On the morning of the 8th of April Jack sent a 
messenger to the commissioner to request a meeting at 
the council-tent, the former to be accompanied by six 
unarmed Modocs. But the signal-officer at the station 
overlooking the lava-beds reporting six Indians at the 

council-tent, and twentv more armed in the rocks 

i/ 

behind them, the invitation was declined. Jack un 
derstood from this rejection of his overtures that he 
was suspected, and that whatever he did must be 
done quickly. If the truth must be told, in point of 
natural sagacity, diplomatic ability, genius, this savage 
was more than a match for them all. His plans so 

75 In Meacham s special report he points out that Thomas was indiscreet in 
his intercourse with the Modocs. He questioned one of them as to the truth 
of Toby s report that it would not be safe for the commissioners to meet Jack, 
which was denied; and on being asked in turn who told him, he said Toby 
Riddle a dangerous breach of trust, exposing Toby to the wrath of the Mo 
docs. Gillem also informed this same Indian that unless peace was made very 
soon he would move up near the Modoc stronghold, and that one hundred 
Warm Spring Indians would be added to the army within a few days. hid. 
Aff. Kept, 1873, 77. 



PRECAUTIONS NEGLECTED. 609 

far had been well devised. His baffling course had 
secured him the delay until spring should open suffi 
ciently to allow him to fly to the Shoshones, when, 
by throwing the army into confusion, the opportunity 
should be afforded of escape from the lava-beds with 
all his followers. 

On the morning of the 10th Boston Charley, 
Hooker Jim, Dave, and Whim visited headquarters, 
bringing a proposition from Jack that Canby, Gillem, 
and the peace commissioners should meet the Modocs 
in council. He was answered by a proposition in 
writing, which Riddle read to them, containing the 
former terms of a general amnesty and a reservation 
in a warmer climate. Jack s conduct was not encour 
aging. He threw the paper upon the ground, saying 
he had no use for it; he was not a white man, and 
could not read. Light remarks were uttered concern 
ing the commissioners. Beef was being dried, and 
breastworks thrown up, strengthening certain points, 
all of which indicated preparations for war rather 
than peace. Jack, however, agreed to meeting the 
commissioners if they would come a mile beyond the 
council-tent. 

Notwithstanding all these ominous signs, and the 
advice of Riddle to the contrary, it was finally set 
tled at a meeting of the peace commissioners, Thomas 
in the chair, that a conference should take place be 
tween them and Canby on one side and Jack and five 
Modocs on the other, both parties to go without arms. 
The llth was the day set for the council, and the 
place indicated by Jack accepted. After this decis 
ion was arrived at, Riddle still advised Canby to send 
twenty-five or thirty men to secrete themselves in the 
rocks near the council-ground, as a guard against any 
treacherous movement on the part of the Indians. 
But to this proposal Canby replied that it would be 
an insult to Captain Jack to which he could not con 
sent; and that besides, the probable discovery of such 
a movement would lead to hostilities. In this he was 

HIST. OB., VOL. II. 39 



610 THE MODOC WAR. 

not mistaken, for Bogus Charley and Boston Charley 
spent the night in Gillem s camp, remaining until 
after the commissioners had gone to the rendezvous. 76 

The place chosen by Jack was a depression among 
the rocks favorable to an ambuscade, and Meacham, 
who had not been present when the meeting was de 
termined upon, strenuously objected to placing the com 
mission in so evident a trap, but yielded, as did Dyar, 
to the wishes of Canby and Thomas, one of whom 
trusted in the army and the other in God to see them 
safely through with the conference. 77 So earnest was 
Riddle not to be blamed for anything which might 
happen, that he requested all the commissioners and 
Canby to accompany him to Gillem s tent, that officer 
being ill, where he might make a formal protest; 
and where he plainly admitted that he consented to 
make one of the party rather than be called a cow 
ard, and advised that concealed weapons should be 
carried. To this proposition Canby and Thomas 
punctiliously objected, but Meacham and Dyar con 
cealed each a small pistol to be used in case of an 
attack. 

At the time appointed, the peace commissioners re 
paired to the rendezvous, Meacham, Dyar, and Toby 
riding, and the others walking, followed by Bogus 
and Boston from the military camp, which gave Jack 
just double the number of the commissioners, of whom 
Canby was to be considered as one. All sat down in 
a semicircular group about a camp-fire. Canby of 
fered the Modocs cigars, which were accepted, arid 
all smoked for a little while. The general then 
opened the council, speaking in a fatherly way: say- 

76 H. Ex. Doc., 122, 139, 43d cong. 1st scss. 

77 Canby said that the Modocs dare not attack with Mason s force where 
it could be thrown into the stronghold before the Modocs could return to it. 
Thomas said that God almighty would not let any such body of men be hurt 
that was on as good a mission as that. I told him, says Riddle, that he 
might trust in God, but that I didn t trust any of them Indians. Meacham, 
in his Wif/ivam and Warpath, published two or three years after the war, says 
that the Modocs, perceiving the doctor s religious bent, pretended to have 
their hearts softened and to desire peace from good motives, which hypocrisy 
deceived him. I do not find anything anywhere else to sustain this assertion. 



THE FINAL CONFERENCE. 611 

ing he had for many years been acquainted with 
Indians; that he came to the council to have a 
kindly talk with them and conclude a peace, and that 
whatever he promised them they could rely upon. 
Meacham and Thomas followed, encouraging them to 
look forward to a happier home, where the bloody 
scenes of Lost Hiver could be forgotten. 

In reply, Jack said he had given up Lost River, 
but he knew nothing of other countries, and he re 
quired Cottonwood and Willow creeks in place of it 
and the lava-beds. While the conference had been 
going on, several significant incidents had occurred. 
Seeing another white man approaching along the trail 
from camp, and that the Indians appeared uneasy, 
Dvar mounted and rode out to meet the intruder and 

t/ 

turn him back. When he returned he did not rejoin 
the circle, but remained a little way behind, reclining 
upon the ground, holding his horse. While Meacham 
was talking and Sconchin making some disrespectful 
comments in his own tongue, Hooker Jim arose, and 
going to Meacham s horse, took his overcoat from the 
horn of the saddle, putting it on, and making some 
mocking gestures, after which he asked in English if 
he did not resemble "old man Meacham." 

The affront and all that it signified was understood 
by every man there; but not wishing to show any 
alarm, and anxious to catch the eye of. Canby, Mea 
cham looked toward the general, and inquired if he 
had anything more to say. Calmly that officer arose, 
and related in a pleasant voice how one tribe of Ind 
ians had elected him chief, and given him a name sig 
nifying "Indian s friend;" and how another had made 

him a chief, and Driven him the name of "The tall 
o 

man;" and that the president of the United States 
had ordered him to this duty he was upon, and he 
had no power to remove the troops without authority 
from the president. 

Sconchin replied by reiterating the demand for 
Willow and Cottonwood creeks, and for the removal 



$12 THE MODOC WAR. 

of the troops. While Sconchin s remarks were being 
interpreted, Jack arose and walked behind Dyar s 
horse, returning to his place opposite Canby a moment 
later. As he took his position, two Indians suddenly 
appeared, as if rising out of the ground, carrying each 
a number of guns. Every man sprang to his feet as 
Jack gave the word, "all ready," in his own tongue, 
and drawing a revolver from his breast fired at the 
general. Simultaneously Sconchin fired on Meacham, 
and Boston Charley on Thomas. At the first motion 
of Jack to fire, Dyar, w r ho was a very tall man and 
had the advantage of a few feet in distance, started 
to run, pursued by Hooker Jim. When he had gone 
a hundred and fifty rods, finding himself hard pressed, 
he turned and fired his pistol, which checked the ad 
vance of the enemy. By repeating this manoeuvre 
several times, he escaped to the picket-line. Riddle 
also escaped by running, and Toby, after being given 
one blow, was permitted to follow her husband. 
General Canby was shot through the head. Thomas 
was also shot dead; and both were instantly stripped 
naked. Meacham had five bullet-wounds, and a knife- 
eut on the head. He was stripped and left for dead, 
but revived on the arrival of the troops. 

While the commissioners were smoking and con 
versing with the Modocs, a preliminary part of the 
tragedy was being enacted on another part of the field. 
An Indian was discovered by the picket about Ma 
son s camp carrying a white flag, a sign of a desire to 
see some of the officers, and Lieutenant W. L. Sher 
wood, officer of the day, was sent by the colonel to 
meet the bearer and learn his errand. Sherwood 
soon returned with the report that some Modocs de 
sired an interview with the commander of the post; 
when Mason sent them word to come within the lines 
if they wished to see him. Lieutenant Boyle, who 
happened to be present, asked permission to accom 
pany Sherwood, when the two officers walked out to 
meet the flag-bearer, half a mile outside the pickets. 



MURDER OF THE COMMISSIONERS. 

On the way they encountered three Indians, who in 
quired if Boyle was the commanding officer, and who 
invited them to go on to where the flag-bearer awaited 
them. Something in their manner convincing tht? 
officers of treachery, they declined, saying that if the 
Indians desired to talk they must come within the 
lines, and turned back to camp. The Indians then 
commenced firing, Sherwood and Boyle running and 
dodging among the rocks, being without arms. Sher 
wood soon fell, mortally wounded, but Boyle escaped, 
being covered by the guns of the pickets. 

The officer at the signal-station overlooking Mason s 
camp immediately telegraphed General Gillern what 
had occurred, and preparations were at once made to 
send T. T. Cabaniss to warn General Canby, but be 
fore the message was ready the signal-officer reported 
firing on the council-ground. 

At this word the troops turned out, Sergeant 
Wooton of company K, 1st cavalry, leading a detach 
ment without orders. The wildest confusion pre 
vailed, yet in the sole intent, if possible, to save the 
life of the general whom they all loved and venerated, 
there was unity of purpose. Before the troops 
reached the council-ground they were met by Dyar, 
with the story of the fatal catastrophe, and on arriv 
ing at the spot, Meacham was discovered to be alive! 
Jack had retreated to his stronghold, the troops fol 
lowing for half a mile, but finally retreating to camp 
for the night. 78 

As might have been expected, a profound excite 
ment followed upon the news of the disastrous wind- 
ing-up of the peace commission. At Yreka Delano 
was hanged in effigy. At Portland the funeral honors 

78 Cabaniss, who was personally strongly attached to Canby, wrote an in 
teresting and highly colored account of the incidents just prior to and suc 
ceeding the massacre, for the Eureka, Cal., West Coast Signal, April 19, 1873. 
Various accounts appeared in the newspapers of that date, and in Fitzgerald 1 * 
Cal. Sketches, 140; Simpson s Meeting the Sun, 356-83; and Meacham * Wl<j- 
ivam and Warpath, written to justify his own want of judgment and conceal 
his want of honesty. 



614 THE MODOC WAR. 

paid to Canby were almost equal to those paid to 
Lincoln. 79 

One general expression of rage and desire for revenge 
was uttered over the whole country, east as well as 
west; and very few shrank from demanding extermi 
nation for the murderers of a major-general of the 
United States army and a methodist preacher, though 
little enough had been the sympathy extended by the 
east to the eighteen hard-working, undistinguished 
citizens of the Oregon frontier 80 massacred by these 
same Modocs. 

The president authorized Sherman to order Scho- 
field, commanding the division of the Pacific, "to make 
the attack so strong and persistent that their fate 
may be commensurate with their crime;" to which 
Sherman added, "You will be fully justified in their 
utter extermination." Many expedients were sug- 

79 Edward K. S. Canby was born in Kentucky in 1817, and appointed to 
the military academy at West Point from Indiana. He graduated in 1839, 
and was made 2d lieut. He served in the Florida war, and removed the Ind 
ians to Arkansas in 1842. From 1846 to 1848 he served iu Mexico, and 
was at the siege of Vera Cruz, the battles of Cerro Gordo, Contreras, and 
Churubusco, where he was brevetted major for gallant conduct; was at the as 
sault and capture of the City of Mexico, where ke was brevetted lieut-col; was 
commander of the division of the Pacific from 1849 to 1851, after which he was 
four years in the adj. -gen. office at Washington. From 1855 to the breaking 
out of the rebellion he was on frontier duty. He served through the civil war 
as colonel of the 19th inf. in the dep. of New Mexico; was made brig.- 
gen. of U. S. volunteers in March 1862; was detached to take command of 
the city and harbor of New York to suppress draft riots; was made maj.-gen. 
of volunteers in 1864, in command of the military division of west Missis 
sippi; was brevetted brig. -gen. of the U. S. army in 1865 for gallant conduct 
at the battle of Valverde, New Mexico; and was brevetted maj.-gen. U. S. 
army for gallant and meritorious services at the capture of Fort Blakely and 
Mobile. He commanded the military district of North and South Carolina 
from September 1867 to September 1868, and was afterward placed in com 
mand of Texas, and then of Va, where he remained until transferred to Or. 
in 1870. He was tall and soldierly in appearance, with a benevolent 
countenance. He had very little money saved at the time of his death, 
and a few citizens of Portland gave five thousand dollars to his widow. 
It is stated that a brother was stricken with sudden insanity on hearing 
of his fate. Santa Barbara Index, July 17, 1873. Rev. E. Thomas was 
a minister in the methodist denomination. He was in charge of a Niag 
ara-street church in Buffalo, New York, in 1853; came to Cal. in 1865, where 
he was agent for the Methodist Book Concern; for several years was editor 
of the Cal. Christian Advocate, and at the time of his death was presiding 
elder of the Petaluma district of the Cal. M. E. Conference. He left a wife 
and three children. Oregonian, April 14, 1873. 

80 See Washington despatches, in Portland Oregonian, April 15, 1873; JV. 
Y. Herald, April 20, 1873; London Times, April 16, 1873. 



HOSTILITIES RESUMED. 615 

gested in the public prints to force the Modocs out of 
their caves in the lava-beds, such as sharp-shooters to 
pick them off at long range; steel armor for the sol 
diers; the employment of blood-hounds, and of sulphur 
smoke. 81 But fortunately for the reputation of the 
American people, none of these methods were resorted 
to, the public being left to exhaust its hostility in 
harmless suggestions. 82 

The troops had at no time regarded the peace com 
mission with favor, any more than had the people 
best acquainted with the character of the Modocs. 
Those who fought on the 17th of January were dis 
pleased with the removal of Wheaton from the com 
mand, and had seen nothing yet in Gillem to lessen 
their dissatisfaction. They were now anxious to fight, 
and impatiently awaiting the command, which they 
with other observers thought a long time coming. 

On the day after the massacre Mason moved to the 
south of the stronghold six miles. His line was at 
tacked by the Modocs, forcing the left picket to give 
way, which position was, however, retaken by Lieu 
tenant E. R. Thellar with a portion of company I of 
the 21st infantry. Skirmishing was kept up all day 
and a part of the 13th. At length, on the 14th, Gil 
lem telegraphed to Mason, asking if he could be ready 
to advance on the stronghold on the next morning; 
to which Mason replied that he preferred to get into 
position that night. To this Gillem consented, order 
ing him not to make any persistent attack, but to 
shelter his men as well as possible. Donald McKay s 
company of Warm Spring scouts, engaged by Canby 
when it began to appear that hostilities would be re 
sumed, had arrived, and was posted on Mason s left, 
with orders to work around toward Green s right. 

The movement began at midnight, and before day- 

81 See letter of A. Hamilton to the secretary of the interior, in H. Ex. 
Doc., 122, 287, 43d cong. 1st sess. 

82 Portland Bulletin, March 8 and 15, and April 2, 4, 19, 28, 1873; Jackson 
ville Sentinel, May 3, 1873; Roseburg Plaindealer, May 2 and June 27, 1873. 



616 THE MODOC WAR. 

light the troops were in position, about four hundred 
yards east of the stronghold, the right of the infantry 
under Captain Burton resting on the lake, and Ber 
nard s troop dismounted on the left, with a section of 
mountain howitzers, held subject to order, under Lieu 
tenant E. S. Chapin. Breastworks of stone were 
thrown up to conceal the exact position of the troops. 
On the west side of the lake Perry and Cresson moved 
at two o clock in the morning to a point beyond the 
main position of the Modocs on the south, where they 
concealed their troops and waited to be joined at day 
light by the infantry and artillery under Miller and 
Throckmorton, with Colonel Green and staff. Miller 
had the extreme right, and the cavalry the extreme 
left touching the lake, while Throckrnorton s artillery 
and two companies of infantry were in the centre. 

The day was warm and still, and the movement to 
close in began early. The first shots were received a 
mile and a half from Jack s stronghold on the west, 
while the troops were advancing in open skirmish or 
der along the lake shore, sheltering themselves as best 
they could under cover of the rocks in their path. 
On reaching the gorge under the bluff a galling fire 
was poured upon them from the rocks above, where a 
strong party of Modocs were stationed. Mason was 
doing all that he could to divide the attention of the 
Indians while the army passed this dangerous point, 
and the reserves coming up, a charge was made which 
compelled the Modocs to retire, and their position 
was taken. 

At two o clock the order was given to advance the 
mortars under Thomas and Cranston, and Howe of the 
4th artillery. By half-past four they were in position, 
and the left of the line on the west had reached a 
point opposite the stronghold. By five o clock the 
morfcars began throwing shells into the stronghold, 
which checked the Modoc firing. So far all went 
well. The bluff remained in the possession of Miller s 
men, between whom and the main plateau, or mesa, in 



FIGHT IN THE LAVA-BEDS. 617 

which the caves are situated, only two ledges of rock 
intervened. On Mason s side, also, the outer line of 
the Modoc defences was abandoned. At six o clock 
the mortars were again moved forward, and by night 
fall the troops in front of the stronghold were ready 
to scale the heights. At midnight Mason s troops 
took up the position abandoned by the Modocs, within 
one hundred yards of their defences. 

Their last position was now nearly surrounded, but 
they fought the troops on every side, indicating more 
strength than they were supposed to possess. The 
troops remained upon the field, and mortar practice 
was kept up throughout the night at intervals of ten 
minutes. In the morning, Mason s force with the 
Warm Spring scouts being found in possession of the 
mesa, the Modocs abandoned their stronghold, passing 
out by unseen trails, and getting on Mason s left, 
prevented his joining with Green s right. Subse 
quently, he was ordered to advance his right and join 
Green on the shore of the lake, which cut the Indians 
off from water. 

By ten o clock in the forenoon Green s line had 
reached the top of the bluff nearest the stronghold, 
meeting little opposition, but it was decided not to 
push the troops at this point, as there might be heavy 
loss without any gain, and the want of water must 
soon force the Modocs out of their caverns and de 
fences, while it was not probable they could find a 
stronger position an}^where. The day s work consisted 
simply of skirmishings. No junction was effected 
between Mason and Green on the west; the principal 
resistance offered being to this movement. 

In the evening Thomas dropped two shells into the 
Modoc camp-fire, causing cries of rage and pain. 
After this the Indians showed themselves, and chal 
lenged the soldiers to do the same; but the latter were 
hidden behind stone breastworks, five or six in a place, 
with orders not to allow themselves to be surprised in 
these little forts, built at night ; they also caught a little 



618 THE MODOC WAR. 

sleep, two at a time, while the others watched. 82 The 
second day ended with some further advances upon 
the stronghold, and with the batteries in better 
position. The blaze of musketry along the lake shore 
at nine o clock in the evening, when the Modocs 
endeavored to break through the lines to get to water, 
was like the flash of flames when a prairie is on fire. 
The troops remained again over night on the field, 
having only coffee served hot with their rations. 

On the morning of the 17th Green s and Mason s 
lines met without impediment, and a general move 
ment was made to sweep the lava-beds, the Indians 
seeming to rally about eleven o clock, and to oppose 
the approach to their famous position. But this was 
only a feint, and when the troops arrived at the caves 
the Modocs had utterly vanished. Then it appeared 
why they had so hotly contested the ground between 
Mason and Green. An examination showed a fissure 
in the pedregal leading from the caverns to the distant 
hills, which pass had been so marked that it could be 
followed in the darkness, and through it had been 
conveyed the families and property of the Modocs to 
a place of safety. 

The loss of the army in the two days engagements 
was five killed and twelve wounded. On the third 
day a citizen of Yreka, a teamster, was killed, and 
his team captured. Seventeen Indians were believed 
to be killed. 

The consternation which prevailed when it became 
known that Jack had escaped with his band was equal 
to that after the massacre of the peace commissioners; 
but the worst was yet to come. From the smoke of 
large fires observed in the south-east, it was conjectured 
that the Indians were burning their dead, and fleeing 
in that direction, and the cavalry was ordered to 
pursue, Perry setting out the 18th to make a circuit 
of the lava-beds, a inarch of eighty miles. The Warm 

83 Boyle s Conduct of the Modoc War, MS., 28. 



ESCAPE OF THE INDIANS. 619 

Spring scouts also were scouring the country toward 
the east. In the mean time Mason was ordered to 
hold the Modoc fortress, while his camp at Hospital 
Hock was remo\ 7 ed to the camp at Scorpion Point, on 
the east side of the lake. This left the trail along 
the south side exposed to attack from the enemy s 
scouts. On the afternoon of the 18th they appeared 
on a ridge two miles off, and also at nearer points 
during the day, firing occasional shots. On the morn 
ing of the 19th they attacked a mule pack-train on 
its way from Scorpion Point to supply Mason at the 
stronghold, escorted by Lieutenant Howe with twenty 
men, and were repulsed. Lieutenant P. Leary, in 
coining to meet the train with an escort, had one man 
killed and one wounded; and Howe, on entering the 
lava-beds, both coming and returning, was fired on. 
A shell dropped among them dispersed them for that 
day; but on the 20th they again showed themselves, 
going to the lake for water, and fired on the Warm 
Spring scouts, who were burying one of their company 
killed on the 17th. They even bathed themselves in 
the lake, in plain view of the astonished soldiery in 
camp. After two days, Perry s and McKay s com 
mands came in without having seen a Modoc. 

o 

Meanwhile Gillem was waiting for two companies 
of the 4th artillery, en route from San Francisco, 
under captains John Mendenhall and H. C. Hasbrouck, 
to make another attempt to surround the Modocs in 
their new position, which he reported as being about 
four miles south of their former one. In their im 
patience, the troops went so far as to say that it 
was concern for his personal safety which deterred 
Gillern, who had not stirred from camp during the 
three days fight, but had all the troops that could be 
spared posted at his camp. 

From the 20th to the 25th nothing was done except 
to keep the scouts moving. On the night of the 22d 
McKay discovered a camp of forty Modocs in a ridge 
at the southern end of the lava-beds, known as the 



620 THE MODOC WAR. 

Black Ledge. Its distance from headquarters was 
about four miles, with a trail leading to it from the 
lake, which was practicable for light artillery. For 
two days after its discovery no Indians were seen 
coming to the lake for water, and the opinion prevailed 
that they had left the lava-beds, in which case they 
were certain either to escape altogether or to attack 
the settlements. 

In order to settle the question of their whereabouts, 
a reconnoissance was planned to take 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, witli Howe, 
Cranston, and Harris of the artillery, and Wright of 
the infantry, with a force of about seventy men, and 
a part of Donald McKay s scouts, making about eighty- 
five in all. 

Some anxiety was felt as the expedition set out at 
eight o clock in the morning, and a watch was kept 
upon their movements as they clambered among the 
rocks, until they passed from view behind a large 
sand-butte, a mile and a half away. Before passing 
out of sight, they signalled that no Indians had been 
found. As no official account of what transpired 
thereafter could ever be given, the facts, as gathered 
from the soldiers, appear to have been as follows: 

Thomas advanced without meeting any opposition 
or seeing any Indians until he reached the point des 
ignated in his orders, keeping out skirmishers on the 
march, with the Warm Spring scouts on his extreme 
left, that being the direction from which it was thought 
the Indians might attack if at all. But none being 
discovered, and the field appearing to be clear, a halt 
was called about noon, when men and officers threw 
themselves carelessly upon the ground to rest and 
take their luncheon. 

While in this attitude, and unsuspicious of danger, 
a volley of rifle-balls was poured in among them, 
would be impossible to describe the scene which foln 



DEFEAT OF THOMAS. 621 

lowed. When the troops were attacked they were in 
open ground, from which they ran to take shelter in 
the nearest defensible positions. Many of them never 
stopped at all, or heeded the word of command of 
their officers, but kept straight on to camp. "Men, 
we are surrounded; we must fight and die like sol 
diers," cried Thomas; but he was heeded by few, fully 
two thirds of the men being panic-stricken, and nearly 
one half running away. 

The only shelter that presented itself from the bul 
lets of the concealed Modocs was one large and sev 
eral smaller basins in the rocks. In these the re 
mainder of the command stationed themselves, but 
this defence was soon converted into a trap in which 
the victims were the more easily slaughtered. The 
Indians, who from the first aimed at the officers, 
were now able to finish their bloody work. In what 
order they were killed no one could afterward tell; 
but from the fact that only Thomas and Wright were 
remembered to have said anything, it is probable the 
others fell at the first fire, and that it was their fall 
which demoralized the men so completely. Thomas 
received several wounds. Wright was wounded in 
the hip, in the groin, in the right wrist, and through 
the body. He was in a hole with four of his men, 
when a sergeant attempted to bring him some water, 
and was also shot and wounded in the thigh. Soon 
after Wright died, and the remaining three, all of 
whom were wounded, were left to defend themselves 
and protect the body of their dead commander. 
About three o clock an Indian crept up to the edge 
of the basin, calling out in English to the soldiers if 
they were not wounded to leave for camp, as he did 
not wish to kill all of them, at the same time throw 
ing stones into the pit to cause some movement if any 
there were really alive. Hearing no sound, he crept 
closer and peered over, with two or three others, when 
the soldiers sprang up and fired. The Indians then 
left them, whether wounded or not the soldiers could 



622 THE MODOC WAR. 

not tell. Similar scenes were being enacted in other 
parts of the field. As soon as it was dusk those of 
the wounded who could move began crawling over 
the rocks toward camp. 

Out of sixty-five enlisted men, twenty-two were 
killed and sixteen wounded, a loss of over three fifths 
of the force; of the five commissioned officers, not 
one escaped, though Harris lived a few days after 
being mortally wounded; Surgeon Semig recovered 
with the loss of a leg; making the total loss of twen 
ty-seven killed and seventeen wounded, besides a citi 
zen shot while going to the relief of the wounded. 

o o 

"Where were the Warm Spring scouts?" asked the 
horrified critics of this day s work. They were in the 
rear and to the left of Thomas, and after the attack, 
could not get nearer because the soldiers would mis 
take them for the Modocs, not being in uniform. 84 

According to some witnesses, help was very tardily 
rendered after the attack on Thomas command be 
came known, 85 which it soon was. Although the 
stragglers began to come in about half-past one o clock, 
it was not until night that a rescuing force w r as ready 
t j go to Thomas relief. When they did move, there 
were three detachments of cavalry under captains 
Trimble and Cresson, and two others under Jackson 
and Bernard, with two companies of artillery under 
Throckmorton and Miller. In two lines they moved 
out over the lava-beds, soon lost to sight in the gloom 
of night and tempest, a severe storm having come on 
at the close of a fine day. A large fire was built on 
a high point, which gave but little guidance on account 

84 Boyle s Conduct r\f the Modoc War, MS., 41-2; Corr. S. F. Chronicle, in 
Portland Orec/onian, May 6, 1873; S. F. Calf, April 30, 1873; S. F. Alfa, 
April 30, 1873; Sac. Record-Union, April 30, 1873; 8. F. Post, April 29, 1873; 
S. F. Bulletin, April 29, 1873; Annual Deport of Ma}. -Gen. Jeff. C. Davi, 
1873, p. 5-6; Or. Deutsch Zeitung, May 3, 1873; S. F. Elevator, May 3, 1873. 

85 Boyle says that the firing, which began about noon, could be distinctly 
heard at camp. Cabaniss testified the same. The correspondent of the S. F. 
Chronicle said that no firing was heard, but that he could see through his 
glass, from the signal -station, the soldiers running wildly about and crawling 
over the rocks, evidently panic-stricken. Col Green, he says, went immedi 
ately to their assistance; but this was false. 



CONTINUED DISASTER. 623 

of the weather. When found, the whole extent of 
ground covered by the dead and wounded was corn- 
prised within a few hundred feet, showing how little 
time they had in which to move. 

Finding it impossible to bring in all the dead, the 
bodies of the soldiers were piled together and covered 
with sage-brush, which the Indians subsequently fired. 
The wounded, and the dead officers, were carried on 
stretchers, lashed upon the backs of mules, and the 
ghastly procession returned through the storm to 
camp, where it arrived at half-past eight on the morn 
ing of the 27th. 

The loss of so many officers and men deeply affected 
the whole army. Soldiers who had been in the ser 
vice all their lives wept like children. 86 The discon 
tent which had prevailed since the command devolved 
upon Gillem became intensified, and officers and men 
did not hesitate to say that had an experienced Indian 
fighter, instead of young officers just from the east, 
been sent upon this reconnoissance, or had these young 
officers received the proper orders, the disaster need 
not have occurred. The effect on the public mind 
was similar, which was at first incredulous, then 
stunned. "Whipped again 1 whipped again !" was the 
universal lament. 87 

86 Especially was this the case as regards Lieut Harris of the 4th art., 
whose battery, K, perfectly idolized him. S. F. Call, April 30, 1873. * That 
night s march made many a young man old. Boyle s Conduct of the Modoc 
War, MS., 4. 

87 Evan 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 May 
1861, and made capt. Aug. 31, 1864, though bre vetted capt. in Dec. 1862, 
and brevetted maj. in July 1863, honors won on the field of battle. He left 
a widow and two children at San Francisco. After receiving his death 
wound Thomas buried his gold watch and chain, in the hope it might escape 
discovery by the Modocs, and be recovered by his friends. But the watchful 
foe did not permit this souvenir to reach them. 

Thomas F. Wright was a son of Gen. George Wright, formerly in command 
of the department of the Columbia. He was appointed to the West Point mili 
tary academy in 1858, and served subsequently as 1st lieut in the 2d Cal. 
cavalry, but resigned in 1863, and was reappointed with the rank of maj. in 
6th Cal. inf. He was transferred to the 2d Cal. inf. with the rank of col 
until he was mustered out at the close of the war of the rebellion with the 
rank of brevet brig. -gen. He was appointed 1st lieut of the 32d inf. in July 
1866. In Jan. 1870 he was assigned to the 12th inf. at Camp Gaston, Cal., 



624 THE MODOC WAR. 

On the 2d of May Colonel Jefferson C. Davis, who 
had succeeded Canby in the command of the depart 
ment of the Columbia, arrived at headquarters, where 
the army had lain inactive and much dispirited since 
the 26th. Davis sent for Wheaton, to whom he 
soon restored the command of the troops in the field, 
and Mendenhall s command having arrived, the army 
was to some extent reorganized, Davis taking a few 
days to acquaint himself with the country. 

During this interval the Modocs were not idle. 
Their fires could be seen nightly in the lava-beds, and 
on the 7th they captured a train of wagons between 
Bernard s old camp and Scorpion Point, wounding two 
soldiers. Two Indian women, sent on the same day 
to reconnoitre the last position of the Modocs, re 
ported none in the lava-beds, a statement verified by 
McKay. Hasbrouck s light battery, serving as cav 
alry, and Jackson s cavalry were immediately ordered 
to prepare for an extended reconnoissance on the 9th 
to make sure that no Indians were secreted in any 
part of the lava-field. On the night of the 9th Has- 
brouck encamped at Sorass Lake, south-east of the 
pedregal on the road to Pit River, but the water be 
ing unfit for use, a detachment was sent back seven 
teen miles to procure some. While the detachment, 
which was escorted by the Warm Spring scouts, was 
absent, a company of thirty-three Modocs, headed by 
Jack, in the uniform of General Canby, attacked the 

whence after the battle of the 17th of Jan. he was ordered to the Modoc 
country. Albian Howe was appointed 2d lieut in 1866, having served asmaj. 
of volunteers during the war. He was promoted to a 1st lieut in Nov. 1869, 
and brevetted capt. in March 1867. He was the son of Col H. S. Howe, 
formerly of the U. S. army, but on the retired list. He had but a short time 
before his death married a daughter of W. F. Barry, colonel of the 1st artil 
lery, and commander of the artillery school at Fortress Monroe. Arthur 
Cranston was a native of Mass. , 30 years of age. He graduated from West 
Point in 1867, and was appointed 2d lieut in the 4th art. He had served in 
the 7th reg. Ohio vol. before entering the military academy, and was pro 
moted to a lieutenancy in the 55th Ohio reg. which served in western V. 
He left a widow and one child in Washington. George M. Harris was a na 
tive of Pa, 27 years of age, and a graduate of West Point of the class of 1868. 
He was appointed 2d lieut of the 10th infantry in 1868, and assigned to the 
4th artillery in 1869. S. F. Call, April 30, 1873. 



A SLIGHT VICTORY. 625 

camp, stampeding their horses and leaving the com 
mand on foot. 

While the troops were getting under arms, the Mo 
docs continued to charge and fire, killing four soldiers 
and one scout, and wounding seven other men, two 
mortally. Hasbrouck rallied his command and charged 
the Indians at the very moment the detachment re 
turned, which joining in the fight, the Modocs were 
pursued three miles and driven into the woods, with 
a loss of twenty-four pack-animals, their ammunition, 
one warrior killed, and several disabled, who were 
carried off on horses toward the mountains on Pit 
River, McKay s scouts following. 

This was the first important advantage gained since 
the beginning of the war. The amount of ammuni 
tion captured led to the conviction that Jack was re 
ceiving aid from some unknown source, a suspicion 
which he afterward attempted to fix upon the Klam- 
aths, against whom no evidence was ever shown, all 
the proofs going to show that the assistance came 
from Yreka. 83 

On news of the attack on Hasbrouck reaching head 
quarters, Mason was sent to reenforce him with a 
hundred and seventy men, and take the command of 
an expedition whose purpose was to capture Jack. 
On arriving at Sorass Lake, Mason received in 
formation from McKay that Jack was occupying a 
fortified position twenty miles south of the original 
stronghold. He proceeded with three hundred men 
to invest this position, and keep a watch upon the Mo 
docs until the batteries should come up to shell them 
out of it. But when the attack was made on the 
13th Jack had again eluded his pursuers. Has- 
brouck s command, which had been again mounted, 
was ordered to give chase toward the south, while 
Mason remained in camp, and Perry s troop made a 

88 Boyle was of opinion that in the fight of the 17th the Klamath scouts 
gave their ammunition to the Modocs, but Applegate, who was in command, 
strongly repelled the suspicion, and there was evidence enough of illicit com 
merce with persons in or about Yreka. 
HIST. OB., VOL. II. 40 



626 THE MODOC WAR. 

dash along the southern border of the lava-beds to 
beat up Indians in ambush. A thorough scouting of 
the whole region resulted in surprising a party of the 
Cotton wood Creek band, killing one warrior and two 
armed women, who were mistaken for warriors. All 
the rest of the men escaped, leaving five women and 
as many children, who were taken prisoners. 

From these women intelligence was gained that 
after the defeat afc Sorass Lake two thirds of Jack s 

following had deserted him, declaring a longer contest 
1 . 

useless, and that he had now no ability to fight except 
in self-defence. At the last stormy conference Jack 
had reluctantly consented to a cessation of hostilities, 
and the advocates of peace had retired to their beds 
among the rocks satisfied; but when morning came 
they found their captain gone, with his adherents and 
all the best horses and arms, as they believed, toward 
Pit River Mountains. The intelligence that the Mo- 
docs were roaming at will over the country caused the 
adjutant-general of the militia of California to order 
to be raised a company of fifty sharp-shooters, under 
the captaincy of J. C. Burgess of Siskiyou county, 
which was directed to report to Davis. 

On the 20th of May, Hasbrouck brought his pris 
oners in to headquarters, at Fairchild s farm, deliv 
ering them to the general, who immediately despatched 
two Indian women, Artena and Dixie, formerly em 
ployed as messengers by the peace commissioners, to 
find the remainder of the Cottonwood band and invite 
them to come in and surrender without conditions. 
Artena had no confidence that the Modocs would 
surrender, because of their fear that the soldiers would 
fall upon them and slaughter them in revenge for 
their atrocities. But Davis succeeded in convincing 
her that he could control his men, and she in turn, 
after several visits, convinced the hesitating Indians 
so far that they consented, especially as Davis had at 
last sent them word that if they again refused they 



SURRENDER OF THE WARRIORS, 627 

would be shot down wherever found with a gun in 
their hands. 

About sunset on the 22d the cry was heard in 
camp, "Here they come! Here they are!" Every 
man started to his feet, and every camp sound was 
hushed. In front of the procession rode Blair, the 
superintendent of Fairchild s farm, who sharply eyed 
the strolling soldiers. Fifty yards behind him rode 
Fairchild; behind him the Modoc warriors, followed 
by the women and children, all mounted, or rather 
piled, upon a few gaunt ponies, who fairly staggered 
under them. All the men wore portions of the 
United States uniform, and all the women a motley 
assortment of garments gathered up about the settle 
ments, or plundered from the houses pillaged in the 
beginning of the w r ar. Both men and women had 
their faces daubed with pitch, in sign of mourning, 
giving them a hideous appearance. Among them 
were the lame, halt, and blind, the scum of the tribe. 
Slowly and silently they filed into camp, not a word 
being uttered by any one. Davis went forward a 
little way to meet them, when twelve warriors laid 
down their Springfield rifles at his feet, these being 
but about a third of the fighting strength of this band. 
Among them, however, were Bogus Charley, Curly- 
headed Doctor, Steamboat Frank, and Shacknasty 
Jim, four notorious villains. When asked where were 
Boston Charley and Hooker Jim, Bogus answered 
that Boston was dead, and Hooker Jim was searching 
for his body, neither of which stories was true. Con 
scious of his deserts, Hooker was skulking outside the 
guard, afraid to come in, but perceiving that the 
others were unharmed, he finally presented himself at 
camp by running at the top of his speed past the sol 
diers and throwing himself on the floor of Davis s tent. 
The surrendered band numbered sixty-five in all. 

The captive Modocs now endeavored by their hu 
mility and obedience to deserve the confidence of the 
commander, and if possible to secure immunity from 



628 THE MODOC WAR. 

punishment for themselves, and Davis thought best 
to make use of this truckling spirit in putting an end 
to the war. From the information imparted by them 
in several interviews, it was believed that Jack was 
on the head-waters of Pit River with twenty -five war 
riors and plenty of horses and arms, and it was deter 
mined that a scouting expedition should take the field 
in that direction. On the 23d of May, Jackson left 
Fair-child s with his cavalry, marching by the Lost 
River ford to Scorpion Point, where the artillery com 
panies were encamped. On the 25th Hasbrouck 
marched to the same rendezvous, Perry following on 
the 28th, and with him went the expedition and dis 
trict headquarters. 

Three days previous to the removal of headquar 
ters, the commander, with five soldiers, tw y o citizens, 
and four armed Modocs, made a reconnoissance of the 
lava-beds, the Modocs behaving with the most perfect 
fidelity, and convincing Davis that they could be 
trusted to be sent on a scout. Accordingly, on the 
27th, they were furnished with rations for four days, 
and sent upon their errand. Soon they returned, 
having found Jack east of Clear Lake, on the old im 
migrant road to Goose Lake, preparing to raid Apple- 
gate s farm on the night of the 28th. 

Jackson s and Hasbrouck s squadrons, and the Warm 
Springs scouts were at once ordered to Applegate s 
and to take the trail of the Modocs toward Willow 
Creek canon, a despatch being sent to notify the 
troops en route from Fairchild s under Wheaton to 
hasten and join headquarters at Clear Lake. Elabo 
rate preparations \vere made for the capture, skirmish 
lines being formed on each side of Willow Creek, and 
all the prominent points in the vicinity held by de 
tachments. 

When all these preparations had been completed 
for investing the Modoc camp, a number of the Indians 
appeared, calling out to the officers that they did not 
want to fight, and would surrender, when orders were 



IN PURSUIT OF JACK. 629 

given not to fire. Boston Charley then came forward 
and gave up his arms, stating that the band were 
hidden among the rocks and trees, but would surrender 
if he were allowed to bring them in. At this moment 
the accidental discharge of a carbine in the hands of 
one of the scouts caused the Indians on the north 
side of the creek to disappear; but Boston offered to 
undertake gathering them in, if permitted to do so, 
which permission was given by Green. It happened, 
however, that after crossing to the other side of the 
canon for that purpose, Boston was captured by Has- 
brouck s troops coming up that side, and sent to the 
rear under guard, and that Green did not become 
aware of this fact for two hours, during which he 
waited for Boston s return, and the Modoc warriors 
escaped, though some women and children were 
captured. It being too late to follow the trail of the 
fugitives, the troops bivouacked for the night. 

On the morning of the 30th Hasbrouck s scouts 
discovered the trail on the north side of Willow Creek, 
leading toward Langell Valley. Owing to the broken 
surface of the country, it was not until late in the day 
that the foremost of the troops under Jackson, who 
had crossed the creek and joined in the pursuit, 
reached the crest of the rocky bluff bounding Langell 
Valley on the east, and where the Modocs were 
discovered to be. When the skirmishers had advanced 
to within gun-shot, Scarface Charley came forward 
with several others, offering to surrender, and was 
permitted to return to the band whom he promised to 
bring in. Jack s sister Mary, being with the troops, 
went with Scarface, as did also Cabaniss, 89 to both of 
whom Jack promised surrender in the morning. But 
when morning came, true to his false nature, he had 
again disappeared with a few of his followers. 

The news of Jack s escape being sent to head 
quarters, Perry was ordered, on the morning of the 

"Eureka West Coast Signal, March 1, 1876; Corr. Oregonian, June 3 r 1873. 



630 THE MODOC WAR. 

31st, to take guides and join in the pursuit. 90 About 
half-past one o clock on the morning of June 1st 
Perry struck Jack s trail five miles east of Apple- 
gate s, and at half-past ten he was surrounded. He 
came cautiously out of his hiding-place, glanced un 
easily about him for a moment, then assuming a 
confident air, went forward to meet Perry and the 
officers present with him, Trimble, Miller, and De 
Witt, with whom he shook hands. He apologized 
for being captured by saying " his legs had given 
out." The troops were all called in, and the world 
was allowed to know and rejoice over the surrender 
of this redoubtable chieftain to a military force of 985 
regulars and 71 Indian allies. 

The number of Jack s warriors at the outset was 
estimated to be sixty. By the addition of the Hot 
Creek band he acquired about twenty more. When 
the Modocs surrendered there were fifty fighting men 
and boys, over fifty women, and more than sixty 
children. The loss on the side of the army was one 
hundred in killed and wounded; forty-one being killed, 
of whom seven were commissioned officers. Adding 
the number of citizens killed, and the peace commis 
sioners, the list of killed reached sixty-three, besides 
two Indian allies, making sixty-five killed, and sixty- 
three w r ounded, of whom some died. Thus the actual 
loss of the army was at least equal to the loss of the 
Modocs, leaving out the wounded; and the number of 
white persons killed more than double. 92 

Now that Captain Jack was no more to be feared, 
a feeling of professional pride caused the army to 
make much of the man who with one small company 
armed with rifles had baffled and defeated a whole 
regiment of trained soldiers with all the appliances of 
modern warfare. But there was nothing in the ap- 

10 Henry Applegate, son, and Charles Putnam, grandson, of Jesse Apple- 
gate, were the guides who led Perry to Jack s last retreat. 

91 Annual Etpt of Jeff. C. Davis, 1873. 

92 The Yreka Union of May 17, 1873, makes the number of killed 71, and 
wounded 67. 



CAPTURE OF CAPTAIN JACK. 631 

pearance of Jack to indicate the military genius that 
was there. He was rather small, weighing about 145 
pounds, with small hands and feet, and thin arms. 
His face was round, and his forehead low and square. 
His expression was serious, almost morose, his eyes 
black, sharp, and watchful, indicating cunning, caution, 
and a determined will. His age was thirty-six, and 
he looked even younger. Clad in soiled cavalry pan 
taloons and dark calico shirt, his bushy, unkempt hair 
cut square across his forehead, reclining negligently 
on his elbow on the ground, with a pipe between his 
teeth, from which smoke was seldom seen to issue, his 
face motionless but for the darting of his watchful 
eyes, he looked almost like any other savage. 93 

As to the manner in which the war was protracted, 
the cause is apparent. Had Wheaton been permitted 
to build his mortar-boats, he would have shelled the 
Modocs out of their caves as easily as did Gillem, and 
it being winter, they would have had to surrender. 
The peace commission intervened, the Modocs were 
permitted to go where they would, and to carry all 
the plans of the campaign to the stronghold to study 
how to defeat them. The cutting-off of Thomas com 
mand could only have happened through a knowledge 
of the intended reconnoissance. Davis plan was to 
occupy the lava-beds as the Modocs had, which was 
a wise one, for as soon as they were prevented from 
returning, it was only a matter of a few days scout 
ing to run them down. 

There remains little to be told of the Modoc story. 
The remainder of the band was soon captured. Ow 
ing to the alarm felt after the massacre of the peace 

93 Many laudatory descriptions of Jack appeared in print. See S. F. Call, 
June 7, 1873; Portland Oregonian, June 3, 1873; Red Bluff Sentinel, July 5, 
1873. Sconchin was even more striking in appearance, with a higher frontal 
brain, and a sensitive face, showing in its changing expression that he noted 
and felt all that was passing about him. Had he not been deeply wrinkled, 
though not over 45 years old, his countenance would have been rather pleas 
ing. Scarf ace, Jack s high counsellor, was an ill-looking savage; and as for 
the others who were tried for murder, they were simply expressionless and 
absolutely indifferent. 



632 THE MODOC WAR. 

commissioners and subsequent escape of the Indians 
from the lava-beds, a battalion of three companies of 
volunteers was organized by authority of Governor 
Grover to keep open the road from Jacksonville to 
Linkville, and to carry to the settlers in the Klamath 
basin some arms and ammunition issued a month pre 
vious, in anticipation of the failure of the peace com 
mission, and which were stored at Jenny Creek, on 
the road to Linkville; and Ross had his headquarters 
in Langell Valley. 

O v 

Owing to the alarm of the settlers in Chewaucan, 
Silver Lake, and Goose Lake valleys, Hizer s com 
pany had marched out on the Goose Lake road, where 
they were met by a company of fifty men from that 
region under Mulholland, coming in for arms and am 
munition. These, after being supplied, turned back, 
and Hizer s company, reentering Langell Valley just as 
Green s squadrons were scouting for Jack, joined in 
the chase, and after Green had returned to camp on 
the night of June 3d, captured twelve Modocs, among 
whom were two of the most noted braves of the band. 

Ross sent a telegram to Grover, who ordered him to 

. 

deliver them to the sheriff of Jackson county, and to 
turn over the others to General Wheaton. 

But news of the capture being conveyed to head 
quarters at Clear Lake, an escort was sent to over 
take the prisoners at Linkville and bring them back, 
Lindsay of the volunteers surrendering them to the 
United States officer under protest, upon being as 
sured that Davis intended hanging those convicted of 
murder. Such, indeed, was his design, having sent 

to Linkville for witnesses, among 1 whom were the 

o 

women of the Boddy family. 94 Before the time ar- 

94 Hooker Jim and Steamboat Frank admitted being of the party who 
killed and robbed this family, relating some of the incidents, on hearing which 
the two women lost all control of themselves, and with a passionate burst of 
tears and rage commingled, dashed at Hooker and Steamboat, one with a 
pistol and the other with a knife. Davis interposed and secured the weapons, 
receiving a slight cut on one of his hands. During this exciting passage both 
the Indians stood like statues, without uttering a word. S. f 1 . Call, June 9, 
1873. 



RED TAPE AND FOOLISH MERCY. 633 

rived which had been set for the execution, Davis 
received s*uch instructions from Washington as arrested 
the consummation of the design. 

This interference of the government, or, as it was 
understood, of the secretary of the interior, so exas 
perated certain persons whose identity was never dis 
covered, 95 that when seventeen Modoc prisoners were 
en route to Boyle s carrip at Lost River ford, in charge 
of Fairchild, they were attacked and four of them 
killed. The despatch which arrested the preparations 
of Davis proposed to submit the fate of the Modocs 
to the decision of the war office, Sherman giving it as 
his opinion that some of them should be tried by 
court-martial and shot, others delivered over to the 
civil authorities, and the remainder dispersed among 
other tribes. This was a sort of compromise with the 
peace-commission advocates, who were still afraid the 
Modocs would be harmed by the settlers of the Pa 
cific frontier. So strong was the spirit of accusation 
against the people of the west, and their dealings with 
Indians, that it brought out a letter from Sherman, 
in which he said: "These people are the same kind 
that settled Ohio, Indiana, arid Iowa; they are as 
good as we, and were we in their stead we should act 
just as they do. I know it, because I have been one 
of them." 

The whole army in the field protested against delay 
and red tape, 96 but the Modoc apologists had their way. 

95 Yreka reports charged this act upon the Oregon volunteers, though they 
were not within 8 miles ot the massacre. Two men only were concerned. A. 
B. Meacham offered his aid to the secret service department to find the assas 
sins. //. Ex. Doc., 122, 327, 43d cong. 1st sess. 

9(i I have no doubt of the propriety and the necessity of executing them 
on the spot, at once. I had no doubt of my authority, as department com 
mander in the field, to thus execute a band of outlaws, robbers, and murderers 
like these, under the circumstances. Your despatch indicates a long delay of 
the cases of these red devils, which I regret. Delay will destroy the moral 
effect which their prompt execution would have upon other tribes, as also the 
inspiring effect upon the troops. Telegram, dated June 5th, in //. Ex. 
Doc., 122, p. 87, 43d cong. 1st sess. Davis referred here to the desire of 
the troops to avenge the slaughter of Canby and Thomas command a desire 
which had animated them to endure the three days fight in the lava-beds, and 
the eleven days constant scouting. Portland Oregonian, June 7, 1873. 



634 THE MODOC WAR. 

After wearisome argument and a decision by At 
torney-general Williams, 97 a military commission was 
ordered for the trial of Captain Jack and such other 
Indian captives as may be properly brought before 
it." Those who might be properly tried were named 
by the war department as the assassins of Can by, 
Thomas, and Sherwood, and " no other cases what 
ever," notwithstanding Grover had telegraphed to 
the department to turn over to the state of Oregon the 
slayers of her citizens, whom the government refused 
to try, or allow to be tried, thus saying in effect that 
the victims had deserved their fate. At the same time 
a petition was addressed to Secretary Delano, by E. 
Steele, William H. Morgan, John A. Fairchild, and 
H. W. At well, asking that Scarface Charley, Hooker 
Jim, Bogus Charley, Steamboat Frank, Shacknasty 
Jim, and Miller s Charley should be permitted to 
remain in Siskiyou county, where it was proposed to 
employ them on a farm near Yreka. Delano was 
constantly in receipt of letters in behalf of the Modocs. 

On the 14th of June the Modocs, 150 in number, 
were removed to Fort Klamath, and imprisoned in a 
stockade, after which a large force of cavalry, under 
Green, and of infantry, under Mason, made a march 
of 600 miles through eastern Oregon and Washington 
to overawe those tribes rendered restless and threat 
ening by the unparalleled successes of the Modocs. 
On the 30th of June, in obedience to instructions 
from Washington, Davis 98 appointed a military com- 

87 //. Ex. Doc., 122, 88-90, 43d cong. 1st sess.; S. F. Call, June 9, 1873; 
N. Y. Tribune, in Oregonian, June, 1873; N. Y. Herald, June 22, 1873. 

98 Davis died Nov. 30, 1879. He was born in Ind., and appointed from 
that state to West Point; commissioned 2d lieut 1st artillery June 17, 1848; 
1st lieut Feb. 29, 1852; captain May 14, 1861; colonel 22d Ind. vols Aug. 
15, 18G1; brig. -gen. vols Dec. 18, 1861; brevet inaj. March 9, 1862, for gal 
lant and meritorious services at the battle of Pea Ridge, Ark.; brevet lieut-col 
May 15, 1864, for gallant and meritorious conduct in the battle of Resaca, Ga; 
brevet col May 20, 1864, for gallant and meritorious services in the capture 
of Rome, Ga; brevet maj.-gen. of vols Aug. 8, 1864; brevet brig. -gen. March 
13, 1865, for gallant and meritorious conduct in the battle of Kenesaw moun 
tain, Ga; brevet maj.-gen. for services in the battle of Jonesborough, Ga; and 
colonel of the 23d infantry July 28, 1866. He came to the Pacific coast as com 
mander of the department of Alaska, and was afterwards assigned to the de 
partment of Oregon. Hamersltfs Army Reg. for One Hundred Years, 1779-1879. 



TRIAL OF THE MURDERERS. 635 

mission, consisting of Colonel Elliott, captains Men- 
denhall, Hasbrouck, and Pollock, and Lieutenant 
Kingsbury. Major Curtis was appointed judge-ad 
vocate. The trial began on the 5th of July. The 
witnesses for the prosecution were Meachani, Dyar, 
Eldery, Anderson, four of the Modocs who had turned 
state s evidence, and the interpreters. Jack made 
use of his witnesses only to try to fix the blame of 
collusion upon the Klamaths. Three of his witnesses 
alleged that the Klamaths assisted them, and that 
Allen David had sent them messages advising them 
to hostilities; but this, whether true or false, did not 
affect their case. When he came to address the com 
mission, he said that he had never done anything 
wrong before killing General Cariby. Nobody had 
ever said anything against him except the Klamaths. 
He had always taken the advice of good men in 
Yreka. He had never opposed the settlement of the 
country by white people; on the contrary, he liked 
to have them there. Jackson, he said, came to Lost 
River and began firing when he only expected a talk; 
and that even then he ran off without fighting. He 
went to the lava-beds, not intending to fight, and did 
not know that the settlers were killed until Hooker 
Jim told him. He denied that Canby s murder was 
concerted in his tent, accusing those whom General 
Davis had employed as scouts. If he could, he would 
have denied killing Canby, as in his last speech he did, 
saying it was Shacknasty Jim who killed him. 

Only six of the Modocs were tried, and four were . 
hanged, namely, Jack, Sconchin, Black Jim, and Bos 
ton Charley. Jack asked for more time, and said 
that Scarface, who was a relative, and a worse man 
than he, ought to die in his stead. Sconchin made 

o 

some requests concerning the care of his children, 
and said, although he did not wish to die, he would 

O * 

suppose the judge had decided rightly. Black Jirn 
sarcastically remarked that he did not boast of his 
good heart, but of his valor in war. He did not try 



636 THE MODOC WAR. 

to drag others in, as Jack had done, he said, and spoke 
but little in his own defence. If it was decided that 
he was to die, he could die like a man. Boston 
Charley was coolly indifferent, and affected to despise 
the others for showing any feeling. "I am no half 
woman," he proclaimed. "I killed General Canby, 
assisted by Steamboat Frank and Bogus Charley." 

On the 3d of October the tragedy culminated, and 
the four dusky souls were sent to their happy hunting- 
ground, nevermore to be molested by white men. 9 
By an order from the war department, the remainder 
of the band were removed to Fort D. A. Russell in 
Wyoming, and subsequently to Fort McPherson in 
Nebraska, and lastly to the Quapaw agency in the 
Indian Territory; but the lava-beds, which can never 
be removed or changed, will ever be inseparably con 
nected in men s minds with Captain Jack and the 
Modocs in their brave and stubborn fight for their 
native land and liberty- -a war in some respects the 
most remarkable that ever occurred in the history of 
aboriginal extermination. 

"//. Ex. Doc., 122, 290-328, 43d cong. 1st sess.; .9. F. Catt, Oct. 4, 1873; 
Red Bluff Sentinel, Oct. 11, 1873; S. F. Bulletin, Oct. 4, 13, 20, 1873. 



CHAPTER XXIII. 

POLITICAL. INDUSTRIAL, AND INSTITUTIONAL. 

1862-1887. 

REPFBLICAN LOYALTY LEGISLATURE OF 1862 LEGAL-TENDER AND SPECIFIC 
CONTRACT PUBLIC BUILDINGS SURVEYS AND BOUNDARIES MILITARY 
ROAD SWAMP AND AGRICULTURAL LANDS CIVIL CODE THE NEGRO 
QUESTION LATER LEGISLATION GOVERNORS GIBBS, WOODS, GROVER, 
CHADWICK, THAYER, AND MOODY MEMBERS OF CONGRESS. 

ON the 9th of April, 1862, the republicans of Oregon 
met in convention, and adopting union principles as 
the test of fitness for office, nominated John R. 
McBride for representative to congress; Addison C. 
Gibbs for governor; Samuel E. May for secretary of 
state; E. N. Cooke, treasurer; Harvey Gordon, state 
printer; 1 E. D. Shattuck, 2 S. C. judge from 4th judicial 

1 Harvey Gordon was a native of Ohio, and a surveyor. He first engaged 
in politics in 1800, when lie associated himself with the Statesman, to which 
he gave, though a democrat, a decidedly loyal tone. He died of consumption, 
at Yoncalla, a few months after his election, much regretted. Sac. Union, 
July 1863. 

a I have mentioned Shattuck in connection with the Pacific University. 
He was born in Bakersfield, Dec. 31, 1824, and received a classical education 
at Burlington. After graduating in 1848, he taught in various seminaries 
until 1851, when he began to read law, and was admitted to the bar in New 
York city in Nov. 1852. Thence he proceeded to Oregon in Feb. 1853, teach 
ing 2 years in the Pacific University. In 185G he was elected probate judge 
in Washington co., in 1857 was a member of the constitutional convention, and 
soon after formed a law partnership with David Logan; was a member of the 
legislature in 1858, and held numerous positions of honor and trust from time 
to time. He was elected judge in 1862, and held the office five years; was 
ajain elected judge in 1874, and held until 1878. He received a flattering 
vote for supreme judge and U. S. senator. In every position Shattuck has 
been a modest, earnest, and pure man. His home was in Portland. Repre 
sentative Men of Or., 158. 

W. Carey Johnson was born in Ross co., Ohio, Oct. 27, 1833, and came to 
Oregon with his father, Hezekiah, in 1845. After learning printing he studied 
law, and was admitted to practice in 1855. He was elected prosecuting attor- 

(637) 



638 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

district; W. Carey Johnson, prosecuting attorney of 
the same; Joseph G. Wilson, prosecuting attorney for 
the 3d judicial district, Andrew J. Thayer for the 2d, 
and J. F. Gazley for the 4th. 

The nominees of the anti-administration party were 
A. E. Wait, who resigned his place upon the bench 
to run for congressman ; John F. Miller for governor; 
George T. Vining for secretary of state ; J. B. Greer, 
state treasurer; A. Noltner, state printer; W. W. 
Page, judge from the 4th judicial district; prosecut 
ing attorney of that district, W. L. McEwan. 

The majority for all the principal union candidates 
was over 3,000, with a corresponding majority for the 
lesser ones. 3 Gibbs was installed September 10th at 
the methodist church in Salem, in the presence of the 
legislative assembly. 4 By act of June 2, 1859, the 
official term of the governor began on the second 
Monday of September 1863, and every four years 
thereafter. This, being the day fixed for the meeting 
of the legislature, did not allow time for the graceful 

ney of Oregon City in 1858, city recorder in 1858, and prosecuting attorney for 
the 4th district in 1802. In 1865-6 he held the position of special attorney 
under Caleb Gushing to investigate and settle the Hudson s Bay Co. s claims. 
In 1866 he was elected state senator, and in 1882 ran for U. S. senator. He 
resided in Oregon City, where he practised law. His wife was Josephine, 
daughter of J. F. Devore. 

*Gibb8 Notes on Or. Hint., MS., 19; Tribune Almanac, 1863, 57; Or, Ar 
gus, June 14, 1862; Or. Statesman, June 23, 1863. 

4 House: Jackson, Lindsey Applegate, S. D. Van Dyke; Josephine, J. D. 
Fay; Douglas, R. Mallory, James Watson; Umpqua, W. H. Wilson; Coos 
and Curry, Archibald Stevenson; Lane, V. 8. McClure, A. A. Hemenway, M. 
Wilkins; Ben ton, A. M. Witharn, C. P. Blair; Linn, H. M. Brown, John 
Smith, Wm M. McCoy, A. A. McCally; Marion, I. R. Moores, Joseph Engle, 
C. A. Reed, John Minto; Polk, B. Simpson, G. W. Richardson; Yamhill, 
Joel Palmer, John Cummins; Washington, Ralph Wilcox; Washington and 
Columbia, E. W. Conyers; Clackamas, F. A. Collard, M. Ramsby, T. Kearns; 
Multnomah, A. J. Dufur, P. Wasserman; Clatsop and Tillamook, P. W. Gil 
lette; Wasco, 0. Humason; speaker, Joel Palmer; clerks, S. T. Church, 
Henry Cummins, PaulCraudell; sergeant-at-arms, H. B. Parker; door-keeper, 
Joseph Myers. 

Senate: Jackson, J. Wagner; Josephine, D. S. Holton; Douglas, S. Fitz- 
hugh; Umpqua, Coos, and Curry, J. W. Drew; Lane, James Munroe, C. E. 
Chrisman; Benton, A. G. Hovey; Linn, B. Curl, D. W. Ballard; Marion, 
John W. Grim, William Greenwood; Polk, William Taylor; Yamhill, John 
R. McBride; Clackamasand Wasco, J. K. Kelly; Multnomah, J. H. Mitchell; 
Washington, Columbia, Clatsop, and Tillamook, W. Bowlby; president, W. 
Bowlby; clerks, S. A. Clarke, W. B. Daniels, Wiley Chapman; sergeant-at- 
arms, R. A. Barker; door-keeper, D. M. Fields. 



OFFICIALS OF 1863. 639 

retirement of one executive before the other came 
into office. Whiteaker took notice of this fault in leg-is- 

o 

lation, by reminding the representatives, in his bien 
nial message, that should it ever happen that there 
should not be present a quorum, or from any cause 
the organization of both branches of the legislature 
should fail to be perfected on the day fixed by law, 
the legislature could not count the vote for governor 
and declare the election, and that consequently the 
new governor could not be inaugurated. This, he 
said, would open the question as to whether the gov 
ernor elect could qualify at some future day. This 
palpable hint was disregarded. The second Monday 
in September fell on the 8th, the organization was 
not completed until the 9th, and the inauguration 
followed on the 10th, no one raising a doubt of the 
legality of the proceedings. On the llth, nominations 
were made in joint convention to elect a successor to 
Stark, whose senatorial term would soon expire, and 
Benjamin F. Harding of Marion county was chosen. 5 

5 The nominations made were B. F. Harding, George H. Williams, E. L. 
Applegate, O. Jacobs, Thos H. Pearne, R. F. Maury, J. H. Wilbur, A. Hoi- 
brook, H. L. Preston, W. T. Mattock, H. W. Corbett, and John Whiteaker. 
Says l)eady: Benjamin F. Harding, or, as we commonly call him, Ben. Hard 
ing, is about 40 years of age, and a lawyer by profession. He was born in 
eastern Pennsylvania, where he grew up to man s estate, when he drifted out 
west, and after a brief sojourn in those parts, came to Oregon in the summer 
of 1850, and settled near Salem, where he has ever since resided. He was 
secretary of the territory some years, and has been a member of both state 
and territorial legislatures. He was in the assembly that elected Nesmith 
and Baker, and was principal operator in the manipulations that produced 
that result. He is descended from good old federal ancestors, and of course 
is down on this rebellion and the next one on general principles. Following 
the example of his household, he grew up a whig, but entering the political 
field first in Oregon, where at that time democracy was much in vogue, he 
took that side, and stuck to it moderately until the general dissolution in 1860. 
He left the state just before the presidential election, and did not vote. If 
he had, although rated as a Douglas democrat, the probability is he would 
have voted for Lincoln. He is devoid of all ostentation or special accom 
plishment, but has a big head, full of hard common sense, and much of the 
rare gift of keeping cool and holding his tongue. He is of excellent habits, 
is thrifty, industrious, and never forgets No. 1. In allusion to his reputed 
power of underground scheming and management among his cronies, he has 
long been known as "Subterranean Ben." Thomas H. Pearne, one of the as 
pirants for the senatorial position, preacher, and editor of the Pacific Chris 
tian Advocate, had, as could be expected, a large following of the methodist 
church, which was a power, and the friendship of Governor Gibbs, who was 
himself a methodist. But he had no peculiar fitness for the place, and re 
ceived much ridicule from friends of Harding. 



640 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

% 

Strong union sentiments prevailing, disloyalty to 
the federal government in any form was out of fash 
ion. None but the loyal could draw money from the 
state treasury. But the most stringent test was the 
passage of an act compelling the acceptance of United 
States notes in payment of debts and taxes, as well as 
an act providing for the payment of the direct tax 
levied by act of congress in August 186 1, 6 amounting 
to over $35,000, seven eighths of the annual revenue 
of the state. 7 

The legal-tender question was one that occasioned 
much discussion, some important suits at law, and con 
siderable disturbance of the business of the Pacific 
coast. The first impulse of a loyal man was to declare 
his willingness to take the notes of the government at 
par, and in Oregon many so declared themselves. The 
citizens of The Dalles held a meeting and pledged 
themselves to trade only with persons "patriotic 
enough to take the faith of the government at par." 
The treasurer of Marion county refused to receive 
legal-tenders at all for taxes ; while Linn received them 
for county but rejected them for state tax; Clackamas 
received them for both state and county tax; and Co 
lumbia at first received and then rejected them. 8 The 
state treasurer refused to receipt for legal -tenders, 
which subjected the counties to a forfeiture of twenty 
per cent if the coin w r as not paid within a certain time. 
In 1863, when greenbacks were worth .forty cents on 
a dollar, Jackson, Josephine, Douglas, Lane, Benton, 

6 The internal revenue law took effect in August 1862. Lawrence W. Coe 
of The Dalles was appointed collector, and Thomas Frazier assessor. W. S. 
Matlock was appointed U. S. depositary for Oregon to procure U. S. revenue 
stamps. Or. Statesman, Aug. 11 and Nov. 3, 1862. 

7 According to the message of Gov. Whiteaker, there were $40,314..66 in 
the treasury on the 7th of Sept., 1862. To draw the entire amount due the 
U. S. on the levy would leave a sum insufficient to carry on the state govt, 
therefore $10,000 was ordered to be paid at any time when called for, and the 
remaining $25,000 any time after the 1st of March, 1863; and the treasurer 
should pay the whole amount appropriated in coin. Or. Statesman, Oct. 27, 
1862. 

*S. F. Bulletin, Dec. 18, 1862; S. F. Alta, Nov. 18, 1862; Or. Argus, Dec, 
6, 1862; Or. Statesman, Dec. 22, 1862; Or. Gen. Laws, 92. 



THE GREENBACK QUESTION. 641 

and Clatsop tendered their state tax in this currency, 
which the state treasurer refused to receive. These 
counties did not pay their taxes. 

It was contended by some that the constitution of 
Oregon prohibited the circulation of paper money. 
It did, in fact, declare that the legislative assembly 
should not have power to establish or incorporate any 
bank; and forbade any bank or company to exist in 
the state with the privilege of making, issuing, or 
putting into circulation any notes or papers to circu 
late as money. Such a conflict of opinions could not 
but disturb business. 9 

In an action between Lane county and the state of 

Place avarice and patriotism in opposition among the masses, and the 
latter is sure in time to give way. Throughout all, California held steadily, 
and loyally withal, to a metallic currency. Business was done upon honor; 
but there were those both in California and Oregon who, if patriotic on no 
other occasions, took advantage of the law to pay debts contracted at gold 
prices with greenbacks purchased for 40 or 90 cents on a dollar with coin. 
After much discussing and experimenting, Oregon finally followed the exam 
ple of California. In California and Oregon no public banks had ever existed, 
all being owned by private individuals, being simply banks of deposit, 
where the proprietors loaned their own capital, and, to a certain extent, that 
of their depositors. They issued no bills, and banked alone upon gold or its 
equivalent. They therefore refused to receive greenbacks on general de 
posit; and these notes were thrown upon the market to be bought and sold 
at their value estimated in gold, exactly reversing the money operations of 
the east. In New York gold was purchased at a premium with greenbacks; 
in California and Oregon greenbacks were purchased at a discount with gold; 
in New York paper money was bankable, and gold was not offered, being 
withdrawn from circulation; in San Francisco and Portland gold only was 
bankable, and paper money was offered in trade at current rates, and not de 
sired except by those who had bills to pay in New York. In Jan. 1803 the 
bankers and business men of Portland met and agreed to receive legal-ten 
ders at the rates current in San Francisco, as published from time to time in 
the daily papers of Portland by Ladd and Tilton, bankers. The merchants 
of Salem soon followed; then those of The Dalles. Finally the merchants 
published a black-list containing the names of those who paid debts in legal 
tenders, to be circulated among business men for their information. Or. 
Statesman, Jan. 5, 1863; Portland Oregonian, Aug. 30, 1864; and bills of 
goods were headed Payable in U. S. gold coin. These methods protected 
merchants in general, but did not keep the subject out of the courts. Able 
arguments were advanced by leading lawyers to prove that the treasury notes 
were not money, as the constitution gave no authority for the issuance of any 
but gold and silver coin. To these arguments were opposed others, equally 
able, that the government had express power to coin money, and that money 
might be of any material which might be deemed most fit, as the word 
money did not necessarily mean gold, silver, or any metal. James Lick vs 
William Faulkner and others, in Or. Statesman, Dec. 29, 1862. The supreme 
court of California held that legal-tenders were lawful money, but that it did 
not follow that every kind of lawful money could be tendered in the payment 
of every obligation. Portland Oregonian, Aug. 30, 1864. 
HIST. OB., Vox,. II. 41 



642 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

Oregon, the court, Judge Boise presiding, held that 
the act of congress authorizing the issue of treasury 
notes did not make them a legal tender for state taxes, 
and did not affect the law of the state requiring state 
taxes to be paid in coin. In another action between 
private parties, the question being on the power of 
congress to make paper a legal tender, the court ruled 
in favor of congress. On the other hand, it was de 
cided by Judge Stratton that the law of congress of 
February 25, 1862, was unconstitutional. This law 
made treasury notes a legal tender for all debts, dues, 
and demands, which included the salaries of judges, 
which were paid from the state treasury. Hence, it 
was said, came the decision of a supreme judge of Ore 
gon against the power of congress. 

Turn and twist the subject as they would, the cur 
rency question never could be made to adjust itself 
to the convenience and profit of all; because it was a 
war measure, and to many meant present self-sacri 
fice and loss. For instance, when greenbacks w T ere 
worth no more than thirty or forty cents on the 
dollar in the dark days of the spring of 1863, federal 
officers in California and Oregon were compelled to 
accept them at par from the government, and to pay 
for everything bought on the Pacific coast at gold 
prices, greatly advanced by the eastern inflation. The 
merchants, however, profited largely by the exchange 
and the advanced prices; selling for gold and buy 
ing with greenbacks, having to some extent and for a 
time the benefit of the difference between gold and legal 
tenders. To prevent those who contended for the con 
stitutionality of the act of congress from contesting 
cases in court, California passed a specific contract 
law providing for the payment of debts in the kind 
of money or property specified in the contract, thus 
practically repudiating paper currency. But it quieted 
the consciences of really loyal people, who were un 
willing to seein to be arrayed against the govern- 



CURRENCY AND CAPITAL. 643 

inent, and yet were opposed to the introduction of 
paper currency of a fluctuating value. 10 

The Oregon legislature of 1864 followed the exam 
ple of California, and passed a specific-contract law. 
No money should be received in satisfaction of a 
judgment other than the kind specified in such judg 
ment; and gold and silver coins of the United States, 
to the respective amounts for which they were legal 
tenders, should be received at their nominal values in 
payment of every judgment, decree, or execution. A 
law was enacted at a special session of the legislature 
in 1865, called to consider the thirteenth amendment 
to the constitution of the United States, making all 

O 

state, county, school, and military taxes payable in 
the current gold and silver coin of the government, 
except where county orders were offered for county 
taxes. This law removed every impediment to the 
exclusive use of coin which could be removed under 
the laws of congress, and was in accordance with the 
popular will, which adhered to a metallic currency. 

By the constitution of Oregon, requiring that at 
the first regular session of the legislature after its 

O o 

adoption a law should be enacted submitting the 
question of the location of the seat of government to 
the vote of the people, the assembly of 1860 had 
passed an act calling for this vote at the election of 
1862. 11 The constitution declared that there must 
be a majority of all the votes cast, and owing to the 
fact that almost every town in the state received 
some votes, there was no majority at this election; 
but at the election of 1864 Salem received seventy- 
nine over all the votes cast upon the location of the 
capital, and was officially declared the seat of govern 
ment. As the constitution declared that no tax 
should be levied, or money of the state expended, or 

10 See opinion of the supreme court of Cal. on the specific-contract act, in 
Portland Oregonian, Aug. 20 and Sept. 2, 1864; Or. Statesman, July 22, 1864; 
S. F. Alta, Jan. 29, 1868. 

11 Or. Gen. Laws, 94; Or. Laws, 1860, 68-9. 



644 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

debt contracted, for the erection of a state-house prior 
to the year 1865, this decision of the long-vexed 
question of the location of the capital was timely. 
Ten entire sections of land had been granted to the 
state on its admission to the union, the proceeds of 
which were to be devoted to the completion of the 
public buildings, or the erection of others at the seat 
of government; said lands to be selected by the gov 
ernor, and the proceeds expended under the direction 
of the legislature. Owing to the obstacles in the 
way of locating the public lands, the public-buildings 
fund, intended to be derived therefrom, had not yet 
begun to accumulate in 1864, nor was it until 1872 
that the legislature appropriated the sum of $100,000 
for the erection of a capitol. It will be remembered 
that the penitentiary building at Portland had from 
the first been unnecessarily expensive, and ill-adapted 
to its purpose, and that the state had leased the 
institution for five years from the 4th of June, 1859, 
to Robert Newell and L. N. English. 12 

Governor Gibbs, in a special message to the legis 
lature of 1862, proposed a radical change in the man 
agement of the penitentiary. 13 He suggested that 

12 Leven N. English, born near Baltimore, in March 1792, removed when 
a child to Ky. He was a volunteer in the war of 1812, taking part in 
several battles. On the restoration of peace he removed to 111., then a wilder 
ness, where the Black Hawk war again called upon him to volunteer, this 
time as capt. of a company. In 1836 he went to Iowa, where he erected a 
flouring mill; and in 1845 he came to Oregon, settling near Salem. English s 
Mills of that place were erected in 1846. On the breaking-out of the Cay use 
war, English and two of his sons volunteered. He had 12 children by his 
first wife, who died in 1851. By a second wife he had 7. He died March 5, 
1875. San Jost Pioneer, Sept. 2, 1877; Trans. Or. Pioneer Asso., 1875-6. 

13 As it was the practice of the lessees of the penitentiary to work the convicts 
outside of the enclosure, the most desperate and deserving of punishment often 
found means of escape. Twenty-five prisoners had escaped, twelve had been 
pardoned in the last two years of Whiteaker s administration, and five had 
finished the terms for which they were sentenced, leaving twenty-five still in 
confinement. The crimes of which men had been convicted and incarcerated 
in the penitentiary since 1853 were, arson 1, assault with intent to kill 15, 
assault with intent to commit rape 1, rape 1, assisting prisoners to escape 3, 
burglary 8, forgery 3, larceny 58, murder 1, murder in the second degree 12, 
manslaughter 6, perjury 1, receiving stolen goods 1, riot 1, robbery 3, threat 
to extort money 1, not certified 7 123, making an average of 13 commitments 
annually during a period of 9 years. For the period from Sept. 1862 to Sept. 
1864 there was a marked increase of crime, consequent upon the immigration 
from the southern states of many of the criminal classes, who thus avoided the 



PENITENTIARY. 645 

the working of convicts away from the prison grounds 
should be prohibited, and a system of manufactures 
introduced, beginning with the making of brick for 
the public buildings; and advised the selection of 
several acres of ground at the capital, and the 
erection of temporary buildings for the accommodation 
of the convicts. The legislature passed an act making 
the governor superintendent of the penitentiary, with 
authority to manage the institution according to his 
best judgment. Under the new system the expenses 
of the state prison for two years, from November 1, 
1862, to September 1, 1864, amounted to $25,000, 
about $16,000 of which was earned by the convicts. 14 
As soon as the seat of government was fixed, the legis 
lature created a board of commissioners for the loca^ 
tion of lands for the penitentiary and insane asylum, of 
which board the governor was chairman ; and who pro 
ceeded to select 147 acres near the eastern limits of the 
town, having a good water-power, and being in all re 
spects highly eligible. 15 At this place were constructed 
temporary buildings, as suggested by Governor Gibbs, 
and during his administration the prisoners were re 
moved from Portland to Salem. Under his successor 
still further improvements were made in the condition 
and for the security of the prisoners, but it was not until 
1871 that the erection of the present fine structure was 
begun. It was finished in 1872, at a cost of $160,000. 16 

draft. In these 2 years 33 convicts were sent to the penitentiary, 12 for lar 
ceny, 5 intent to kill, 4 burglary, 3 murder in the 1st degree, 2 manslaughter, 
1 rape, 1 seduction, 1 arson, 1 receiving stolen goods. The county of Wasco 
furnished just ^ of these criminals, showing the direction of the drift. Or. 
Journal Hoiise, 1864, ap. 35-53. 

14 The warden who, directed by the governor, produced these satisfactory 
results was A. C. K. Shaw, who, by the consent of the legislature, was subse 
quently appointed superintendent by the governor. 

lo The land was purchased of Morgan L. Savage, at $45 per acre, and the 
water-power of the Willamette Woolien Manufacturing Company for $2,000. 
George H. Atkinson was employed to visit some of the western states, and to 
visit the prisons for the purpose of observing the best methods of building, 
and laying out the grounds, with the arrangement of industries, and all mat 
ters pertaining to the most approved modern penitentiaries. Or. Jour. 
House, 1865, ap. 7-12. 

16 GibbJ Notes on Or. Hist. , MS., 20-22; Or. Code, 1862, ap. 71-3; Or. Laws, 
1866, 95-8; Or. Legis. Docs, 1868, 7-10, 14; U. S. Educ. Rcpt, 548-57, 41st 
cong. 3d sess. See description in Murphy s Oregon Directory, 1873, 197-8. 



646 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

Previous to 1862 no proper provision had been 
made for the care of the insane. The legislature in 
vested Governor Gibbs with authority to select land 
for the erection of an asylum at Salem, and to contract 
for the safe-keeping and care of the patients; but the 
state not yet being able to appropriate money for suit 
able buildings, the contract was let to J. C. Hawthorne 
and A. M. Loryea, who established a private asylum 
at East Portland, where, until a recent date, all of 
these unfortunates were treated for their mental ail 
ments. 17 It was not until about 1883 that the state 
asylum, a fine structure, was completed. 

The legislature of 1862 passed an act for the loca 
tion of the lands donated to the state, amounting in 
all to nearly 700,000 acres, besides the swamp-lands 
donated by congress March 12, 1860, and Governor 
Gibbs was appointed commissioner for the state to lo 
cate all lands to which the state was entitled, and to 
designate for what purposes they should be applied. 1 

A similar act had been passed in 1860, empowering 
Governor Whiteaker to select the lands and salt springs 
granted by act of admission, by the donation act of 
1850 for university purposes, and by the act of March 
12, 1860, donating swamp and overflowed lands to the 
state, which the failure of the commissioner of the 
general land-office to send instructions had rendered 
inoperative. The legislature of 1860 had also provided 
for the possessory and preemptory rights of the 500,- 
000 acres donated to the state, by which any person, 

17 In 1860 the insane in Oregon were twenty-three in number, or a per cent 
of 0.438; in 1864 there were fifty-one patients in the asylum from a popula 
tion of 80,000, giving a per cent of 0.638. The percentage of cures was 3*2.50. 
Or. Jour. House, 1862, ap. 49; Or. Jour. Home, 1864, ap. 7-8. In Sept. 
1870 the asylum contained 122 persons, 87 males and 35 females. Of the 
whole number admitted in 1870-2, over 42 per cent recovered, and 7 per cent 
died. The building and grounds there were not of a character or extent to 
meet the requirements of the continually increasing number of patients. Gov 
ernor s message, in Portland Oregonian, Sept. 13, 1866; Nash s Or., 149; Or. 
Insane Asylum Rept, 1872; Portland West Shore, March 1880. The number 
of patients in 1878 was 233, of whom 166 were males. Rept ofC. C. Strong t 
Visiting Physician, 1878, 6. 

18 Or. Code, 1862, 105-7; Zabriskie s Land Law, 659-63. 



STATE LANDS. 647 

being a citizen, or having declared his intention of 
becoming such, might be entitled to, with the right 
to preempt, any portion of this grant, in tracts not 
less than 40 nor more than 320 acres, by having it 
surveyed by a county surveyor; the claimants to pay 
interest at the rate of ten per cent per annum upon 
the purchase money, at the rate of $1.25 an acre, the 
fund accruing to be used for school purposes. When 
ever the government survey should be made, the 
claimant might preempt at the general land-office, 
through the agency of a state locating agent. By 
this act the state was relieved of all expense in select 
ing these lands; but Governor Whiteaker gave it as 
his opinion that the act was in conflict with the laws 
of the United States, in so far as the state taxed the 
public lands, which opinion was sustained by the gen 
eral land-office, as well as that the state could have 
no control over the lands intended to be granted until 
after their selection and approval at that office. 19 The 
act was accordingly repealed, after the selection of 
about 22,000 acres, and another passed, as above 
stated. 

Much difficulty was experienced in finding enough 
good land subject to location to make up the amount 
to which the state was entitled for the benefit of com 
mon schools and the endowment of an agricultural 
college, 20 on account of the neglect of the government 
to have the lands surveyed, the surveys having been 

19 Or. Jour. House, 1862. ap. 27; Or. Statesman, Sept. 15, 1862. 

20 Or. Code, 1862, ap. 109-10. The U. S. law making grants to agricul 
tural colleges apportioned the land in quantities equal to 30,000 ac^es fur each 
senator and representative in congress to which the states were respectively 
entitled by the apportionment of 1860. By this rule Oregon was granted 
90,000 acres. Id., 60-4. The selections made previous to Gibbs administra 
tion were taken in the Willamette and Umpqua valleys. To secure the full 
amount of desirable lands required much careful examination of the country. 
The agricultural-college grant was taken between 1862 and 1864 in the Klam- 
ath Valley, and a considerable portion of the common-school lands also. 
Eastern Oregon, in the valley of the Columbia, was also searched for good 
locations for the state. D. P. Thompson and George H. Belden were the 
principal surveyors engaged in making selections. Belden made a complete 
map of Oregon from the best authorities. Previous to this the maps were 
very imperfect, the best being one made by Preston, and the earliest by J. 
W. Trutch in 1855. 



648 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

much impeded by Indian hostilities, and the high 
prices of labor consequent on gold discoveries. Upon 
the petition of the Oregon legislature, congress had 
extended the surveying laws to the country east of 
the Cascades, and preparations were making to extend 
the base line across the mountains east from the Wil 
lamette meridian, with a view to operations in the 
county of Wasco and the settlements of Umatilla, 
Walla Walla, John Day, and Des Chutes valleys. 21 
But congress failed to make an appropriation for the 
purpose, contracts already taken were annulled, and 
little progress was made for two years, during which 
the squatter kept in advance of the surveys upon the 
most valuable lands. During the year ending June 
30, 1860, the service was prosecuted along the Co 
lumbia River in the neighborhood of The Dalles, in 
the Umatilla Valley, and also in the Klamath coun 
try, near the California boundary, which was 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 work was not accomplished until 1864, although 
the length of the line was only about 100 miles, from 
the bend of the Columbia near Fort Walla Walla to 
Snake River near the mouth of the Grand Rond 
River. 22 There was much delay in procuring the ser- 

21 Land Off. Rept, 1858, 29-30. 

22 While this matter was under consideration in congress, it was proposed 
in the senate that a committee should inquire into the expediency of reunit 
ing Washington to Oregon. Sen. Misc. Doc., 11, 36th cong. 2d sess., a prop 
osition which, so far as the Walla Walla Valley was concerned, would 
have been received with great favor by the state, the natural boundary of 
which is indicated by the Columbia and Snake rivers. This was the boundary 
fixed in the constitution of Oregon, from which congress had departed. A 
motion was made in the legislature to annex at several different times. See Or. 
Jour. House, 1865, 50-73; Memorial of Or. leg. in 1870. in U. S. 11. Misc. 
Doc., 23, i., 41st cong. 3d sess.; Or. Laws, 1870, 212-13; Or. Jour. Sen., 1868; 
U. 8. Sen. Misc. Doc., 27, 42d cong. 3d sess.; Salem Statesman, Feb. 14, 1871; 
Salem Mercury, March 18, 1871. As late as 1873 Senator Kelly introduced 
ft bill to annex Walla Walla county to Oregon, so as to conform the boundary 
to that named in the constitutional convention. On the other hand, the peo 
ple of Washington would have been unwilling to resign this choice region. 
The matter was revived in 1875-6, when a committee of the U. S. house rep. 



BOUNDARY SURVEYS. 649 

vices of an astronomer and surveyor who would 

jj 

undertake this survey for the small amount appro 
priated, the country being exceedingly rough, and 
including the crossing of the Blue Mountains. 23 The 
contract was finally taken by Daniel G. Major late in 
1834. 24 

By the time the northern boundary was completed, 
the mining settlements of eastern Oregon demanded 
the survey of the eastern boundary from that point 
near the mouth of the Owyhee where it leaves Snake 
River and continues directly south. The same ne 
cessity had long existed for the survey of the 42d 
parallel between California and Oregon, which was 
not begun till 1867, when congress made an appro 
priation for surveying the Oregon and Idaho boun 
daries as well, Major again taking the contract. 25 
Owing to the continuous Indian wars in eastern Ore 
gon, as late as 1867 it was necessary to have a mili 
tary escort to protect the surveying parties and their 
supply trains; and it often happened that the forces 
could not be spared from the scouting and fighting 
which kept them actively employed. But in spite of 
these obstacles, in 1869 there had been surveyed of 
the public lands in Oregon 8,368,564 out of the 
60,975,360 acres which the state contained; the sur 
veyed portions covering the largest areas of good lands 
in the most accessible portions of the state; leaving 
at the same time many considerable bodies of equally 

reported favorably to the rectification of the Oregon boundary, but the change 
was not made. H. Misc. Doc., 23, 44th cong. 2d sess. ; Cong. Globe, 1875- 
6, 300, 4710; //. Com. Rcpt, 764, 44th cong. 1st sess. 

23 The amount provided was $4,500. Sur. -gen. Pengra recommended J. W. 
Perrit Huntington, a Connecticut man, an immigrant of 1849. After a brief res 
idence in Oregon City he settled in Polk county, farming and teaching school, 
but removing to Yoncalla subsequently, where he married Mary, a daughter 
of Charles Applegate, and where he followed farming and surveying. He 
was a man of ability, with some eccentricities of character. He was elected 
to the legislature in 1860, and was one of the most earnest of the republicans. 
In 1862 he was appointed superintendent of Indian affairs, and again by An 
drew Johnson in 1867. He died at his home in Salem June 3, 18G9. Salem 
Unionist, in Roseburg Ensi/jn, June 12, 1869; De.ndy s Scrap- Book, 29. 

^Land Off. Rcpt, 1SG4, 9; Portland Oregonian, Oct. 13, 1864. 

25 Or. Jour. House, 1864, 42; Or. Anjius, June 22, 1863; Land Of. Rept, 
1867, 113-14. 



650 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

good land, which would at a later period be required 
for settlement. 26 

The first sale of public lands in Oregon by procla 
mation of the president took place in 1857. Only 
ten or eleven thousand acres were sold, netting the 
government little more than the expenses of survey 
ing its lands in Oregon. 27 The homestead law of 
1862 conferred benefits on actual settlers nearly equal 
to those of the donation law, though less in amount. 
The later arrivals in Oregon had only begun to avail 
themselves of its privileges, when the president again 
offered for sale, in October 1862, 400,000 acres, by 
which act the public lands were temporarily with 
drawn from preemption and homestead privileges, and 
preemptors were forced to establish their claims and 
pay the price of their lands immediately in order to 
secure them against the danger of being sold at auc 
tion by the government. This was felt to be a hard 
ship by many who had before the passage of the 
homestead law been glad to preempt, but who now 
were desirous of recalling their preemption and claim 
ing under the homestead act; especially as the more 
honest and industrious had put all their money into 
improvements, and could only meet the new demand 
by borrowing money at a high rate of interest. But 
as only about 13,500 acres were sold when offered, 

Land Off. Kept, 1869, 225. There were surveyed, tip to June 1878, 
21,127,862; there remaining of unstirveyed public lands and Indian reserva 
tions 39,849,498 acres. In the remainder was included the state swamp-lands, 
of which only a portion had been selected. U. S. H. Ex. Doc., ix. 18, 45th 
cong. 3d sess. Of the surveyed lands, 139,597 acres were either sold or 
taken under the homestead or timber-culture acts from June 30, 1877, to 
July 1, 1878. Ibid., 146-160. Dept Agric. Kept, 1874-5, 67; see also Zabris- 
kie a Public Land Laws of the United State*, containing instructions for ob 
taining lands, and laws and decisions concerning lands, where are to be found 
many descriptions of the country, with the resources of the Pacific states, 
collected from official reports. San Francisco, 1870. Compare U. S. H. Ex. 
Doc., i. pt4, vol. iv., pti., 32-6, 156-60, 290-319, 452-8, 504-8, 41st cong. 
3d sess.; U. 8. Sec. Int. Rept, pt i., 44, 58, 268-76, 42d cong. 2d sess.; 
U. S. H. Ex. Doc., 170, x., 42d cong. 2d sess.; U. S. Sec. Int. Rept, pt i. 
11, 16-17, 226-37, 280-99, 313-14; Salem Willamette Farmer, Aug. 2, 1873; 
Salem Unionist, Dec. 17, 1866. 

27 The expenses of the year 1857, for surveying the public lands, were 
$11,746.66, and the returns from their sale, $13,233.82. Land Off. fiept, 
1858, 43-9. 



PUBLIC ROADS. 651 

few claims could have lapsed to the government, even 
if their preemptions were not paid up. 

It is not surprising that during the public surveys 
certain individuals should seize the opportunity to se 
cure to themselves large bodies of land by appearing 
to assume necessary enterprises which should only be 
undertaken by the government; and it might be ques 
tioned whether the legislature had a proper regard to 
the interests of the state in encouraging such enter 
prises. By an act of congress, approved July 2, 1864, 
there were granted to the state, to aid in the construc 
tion of a military wagon-road from Eugene City across 
the Cascade Mountains by the way of the middle 
fork of the Willamette, near Diamond peak, to the 
eastern boundary of the state, alternate sections of 
the public lands designated by odd numbers, for three 
sections in width, on each side of said road. When 
the legislature met, two months after the passage of 
this act, it granted to what called itself the Oregon 
Central Military Road Company all the lands and 
right of way already granted by congress, or that 
might be granted for that purpose; with no other pro 
vision than that the lands should be applied exclu 
sively to the construction of the road, and that it 
should be and remain free to the U. S. government as 
a military and post road. It was, however, enacted 
that the land should be sold in quantities not exceed 
ing thirty sections at one time, on the completion of 
ten continuous miles of road, the same to be accepted 
by the governor, the sales to be made from time to 
time until the road should be completed, which must 
be within five years, or, failing, the land unsold to re 
vert to the United States. 28 

What first called up the idea was the report of 
Drew on his Owyhee reconnaissance in 1864, showing 
that a road might be made from Fort Klamath to the 

28 Or. Jour. Sen., 1864; Special Laws, 36-7; Jacksonville Sentinel, May 3, 
1864; Zabriskie a Land Laws, 636-7. 



652 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

Owyhee mining country at no great expense, and pass 
ing through a region rich in grass, timber, minerals, 
and agricultural lands. The grant amounted to 1,920 
acres for each mile of road built, less the lands already 
settled on. The distance was about 420 miles. Of 
this enormous grant, exceeding all granted to the 
state on its admission to the union by 150,000 acres, 
excepting the swamp-lands, whose extent was un 
known, about one half, it was expected, would be 
available. At the minimum price of $1.25 an acre, 
the one half would amount to $1,008,000. Along the 
first twenty miles of the road, from Eugene City to 
the Cascade Mountains, the best lands were taken up ; 
upon representing which to congress, other lands were 
granted in lieu of those already claimed, to be selected 
from the public lands. The law allowed a primary 
sale of thirty sections, or 19,200 acres, with which to 
begin the survey, which land was offered for sale in 
March 1865. With its own and the capital accruing 
from sales of land and stock, the company- -consisting 
at first of seventeen incorporators 2f -pushed the road 
to the summit of the Cascade Mountains in the 
autumn of 1867. This was the most difficult and ex 
pensive portion of the work, and though by no means 
what a military road should be, was accepted by the 
governor. It was never much used, and was almost 
entirely superseded in 1868 by a wagon-road from 
Ashland to the Klamath Basin, by the old Scott and 
Applegate pass of the Cascades, discovered in 1846. 

A few months after the act authorizing a road 
through their country, Huntington, superintendent of 
Indian affairs, succeeded in treating with the Klamath 
and Modoc tribes, and a portion of the Shoshones, by 

29 W. H. Hanchett, Martin Blanding, A. W. Patterson, J. G. Gray, E. 
F. Skinner, Joel Ware, D. M. Risdon, S. Ellsworth, J. B. Underwood, A. S. 
Patterson, T. Mulhollan, Harvey Small, A. S. Powers, J. L. Bromley, J. H. 
McClung, Henry Parsons, and B. J. Pengra. Their capital stock was first 
$30,000, but subsequently raised to $100,000; shares $250 each. For particu 
lars, see PengnCs Kept Or, Cent. Military Koad, a pamphlet of 63 pages, ad 
vertising the enterprise and giving a description of the country. Eugene City 
Journal, July 14, 21, 28, and Aug. 4, 11, 1866; S. F. Bulletin, Sept. 20, 1865. 



RESERVATIONS. 653 

which a reservation was set off, of a considerable ex 
tent of country between the point where any road 
crossing the mountains near Diamond peak must strike 
the plains at their eastern base and Warner s Moun 
tain. The right of the government to lay out roads 
through the reservation was conceded by the Indians, 
but it was not in contemplation that the government 
should have the power to grant any of the reserva 
tion lands to any company constructing such a road; 
the treaty having been made before the company was 
formed. Nevertheless, as the survey of the reserva 
tion lands proceeded, which was urged forward to en 
able the company to secure its lands, the odd sections 
along the line of the military road where it crossed the 
reservation were approved to the state to the extent of 
over 93,000 acres. The Indians, or their agents, held, 
very properly, that their lands, secured to them by 
treaty previous to the survey of the military road, were 
not public lands from which the state or the company 
could select; and also that the state would have no 
right to violate the conditions of the treaty by bring 
ing settlers within the limits of the reservation. By 
an act amendatory of the first act granting the lands 
to the state, congress indemnified the state, and 
through the state the company, by allowing the defi 
cit to be made up from other odd sections not reserved 
or appropriated within six miles on each side of the 
road. 30 The Oregon Central Military Road Company, 
after doing what was necessary to secure their grant, 
and finding it inconvenient to be taxed as a private 
corporation on so large an amount of property that had 
never been made greatly productive, sold its lands to 
the Pacific Land Company of San Francisco, in 1873, 

30 Ind. Aff. Kept, 1874, 75; Cong. Globe, 1866-67, pt iii., app. 179, 39th 
cong. 2d sess. It would seem from the fact that in 1878-9 a bill was before 
congress asking for a float on public lands in exchange for those embraced 
within the reservation and claimed by the 0. C. M. R. Co., that the bill of 
1866 was not intended to indemnify for these lands, though the language is 
such as to lead to that understanding. The bill of 1878-9 did not pass; and 
if the first is not an indemnity bill, then the Indian lands are in jeopardy. S. 
F. Chadwick, in Historical Correspondence, MS.; Ashland Tidings, Feb. 14, 
1879; S. F. Bulletin, July 11, 1872. 



654 POIITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

and thus this magnificent gift to the state passed with 
no adequate return into the hands of a foreign private 
corporation. 

In the matter of the swamp-lands, nothing was 
done to secure them during a period of ten years, 31 it 
being held that the right to them had lapsed through 
neglect, and Gibbs having had enough to do to secure 
the other state lands. George L. Woods, who in 1866 
succeeded Gibbs as governor, made some further se 
lections for school purposes. Not all of his selections 
had been approved when, in 1870, L. F. Grover was 
elected governor. The agricultural-college lands which 
had been selected in the Klamath Lake basin had 
been declared not subject to private entry by the land- 
office at Roseburg, within which district the lands lay, 
and that office had refused to approve the selection. 
The Oregon delegation in congress procured the pas 
sage of an act confirming the selections already made 
by the state where the lists had been filed in the proper 
land-office, in all cases where they did not conflict 
with existing legal rights, and declaring that the re 
mainder might be selected from any lands in the state 
subject to preemption or entry under the laws of the 
United States; with the qualification that where the 
lands were of a price fixed by law at the double mini 
mum of $2.50, such land should be counted as double 
the quantity towards satisfying the grant. This was 
followed by the establishment of another land-office, 
called the Linktor. district, in the Klamath country, 
and the approval of the agricultural-college selections. 3 
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. Jour. Sen., 1870, 211; U. S. Misc. Doc., 
20, i., 41st cong. 3d sess. ; but it was permitted to lapse. Message of Gov. 
Thayer, 1882, 19. 

32 Graver s Message, 1872, p. 12-13; Cong. Globe, 1871-2, app. 702; Zabris- 
kie s Land Laws, sup. 1877, 27, 73. 

13 See Appendix to Governor s Message for 1872, which contains the official 
correspondence on the confirmation of the state lands, and is an interesting 
document; also Jackonsville Sentinel from Oct. 14 to Dec. 9, 1871. 



SWAMP LANDS. 655 

cured to the state during the administration of Gov 
ernor Grover. 

From the time when the swamp-land grant was 
supposed to have lapsed through neglect, as decided 
by Whiteaker, and apparently coincided in by his suc 
cessors, up to August 1871, no attention was given to 
the subject. Grover, however, gave the matter close 
scrutiny, and discovered that the same act which re 
quired the state to select the swamp-lands then sur 
veyed within two years from the adjournment of the 
legislature next following the date of the act, and 
which requirement had been neglected, also declared 
that the land thereafter to be surveyed should be 
chosen within two years from the adjournment of the 
legislature next following a notice by the secretary of 
the interior to the governor that the surveys had been 
completed and confirmed. No such notice having 
been given, the title of the state to the swamp-lands 
was held to be intact, and a complete grant and inde 
feasible title were vested in the state by the previous 
acts of congress, which could not be defeated by any 
failure on the part of the United States to perform 
an official duty. The small amount of swamp-lands 
surveyed in 1860, and which were lost by neglect, 
could not much affect the grant should it never be re 
covered. 

In pursuance of these views, the legislature of 1870 
passed an act providing for the selection and sale of 
the swamp and overflowed lands of the state. 34 This 
act made it the duty of the land commissioner for 
Oregon, to wit, the governor, to appoint persons to 
make the selections of swamp and overflowed lands, 
and make returns to him, when they would be mapped, 

84 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 W. H. Odell, 
then surveyor-general and successor to E. L. Applegate, that no correspond 
ence whatever was on file in the surveyor-general s office concerning the 
swamp-lands. Therefore the legislature must have passed an act in pursu 
ance of information received 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; twenty per cent of the purchase 
money to be paid within ninety days after the publi 
cation of a notice of sale, and the remainder when the 
land had been reclaimed. Reclamation was defined 
to consist in cultivating on the land in question for 
three consecutive years either grass, cereals, or vege 
tables, on proof of which the remainder of the purchase 
money could be paid, and a patent to the land ob 
tained, provided the reclamation should be made within 
ten years. No actual survey was required, but only 
that the tract so purchased should be described by 
metes and bounds; therefore, the twenty per cent 
which constituted the first payment was a conjectural 
amount. The law had other defects, which operated 
against the disposal of the lands to non-speculative 
purchasers who desired to obtain patents and have 
their titles settled at once. It was discovered, also, 
in the course of a few years, that draining the land, 
which the law required, destroyed its value. The 
law simply gave the opportunity to a certain class and 
number of men to possess themselves of large cattle- 
ranges without anything like adequate payment. 

The intention of the original swamp-land act of 
congress, passed September 28, 1850, was to enable a 
state subject to overflow from the Mississippi River 
to construct levees and drain swamp-lands. The 
benefits of this grant were afterwards extended to 
other states, including Oregon. But Oregon had no 
rivers requiring levees, and, strictly speaking, no 
swamp-lands. It had, indeed, some small tracts of 
beaver-dam land, and some more extensive tracts sub 
ject to annual overflow, on which the best of wild 
grasses grew spontaneously. To secure these over 
flowed lands, together with others that were not sub 
ject to inundation, but could be embraced in metes 
and bounds, was the purpose of the framers and friends 
of the swamp-land act of 1870 in the Oregon legisla- 



LAND SPECULATORS. 657 

ture. 35 It was a flagrant abuse of the trust of the 
people conferred upon the legislative body, and of the 
powers conferred upon the officers of the state by the 
constitution. 36 It was a temptation to speculators, 
who rapidly possessed themselves of extensive tracts, 
and enriched themselves at the expense of the state, 
besides retarding settlement. 

One effect of the swamp-land act was to bring in 
conflict with the speculators actual settlers who had 
squatted upon some unsurveyed portions of these 
lands, and cultivated them under the homestead law. 
If it could be proved that the land settled on belonged 
to the state under the swamp-land act, the settler 
was liable to eviction. Wherever such a conflict ex 
isted, appeal was had to the general land-office, the 
case was decided upon the evidence, and sometimes 
worked a hardship, which was contrary to the spirit 
and intention of the government in granting lands to 
the state. 

The legislature of 1872 urged the Oregon delega 
tion to secure an early confirmation of title, no patent, 
however, being required to give the state a title to 
what it absolutely owned by law of congress. It also 
passed an act to provide for the sale of another class 

35 It was said that some of the members who took an active part in the 
passage of the bill had prepared their notices and maps to seize the valuable 
portions of the swamp- lands before voting on it. Two members mado out 
their maps covering the same ground, and it depended on precedence in filing 
notices who should secure it. One of them called on the secretary after night 
fall to file his notice and maps, but was told that the governor had not yet 
signed the bill, on which he retired, satisfied that on the morning he could 
repeat his application successfully. The bill was signed by the governor that 
evening, and his rival, who was more persistent, immediately presented his 
notice and maps, which being filed at once, secured the coveted land to him. 
Jacksonville Sentinel, Dec. 16, 1871; Sacramento Union, Jan. 15, 1872. See 
remarks on swamp-lands, in Gov. Chadwick s Message, 1878, 35-40. 

30 The board of swamp-land commissioners consisted of L. F. (trover, gov 
ernor, S. F. Chadwick, secretary, L. Fleischner, treasurer, and T. H. Cann, 
clerk of the state land department. Section 6 of the swamp-land law de 
clares that, as the state is likely to suffer loss by further delay in taking pos 
session of the swamp-lands within its limits, this act shall take effect and be 
in force from and after its approval by the governor; provided, that in case 
the office of commissioner of lands is not created by law, the provisions of 
this act shall be executed by the board of commissioners for the sale of school 
and university lands that is, the above-named officers of the state. Or. 
Laws, 1870, 56-7. 

HIST. OB., VOL. II. 42 



658 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

of overflowed lands on the sea-shore; and another 
act appropriating ten per cent of all moneys received 
from the sale of swamp, overflowed, and tide lands to 
the school fund. 

The swamp-lands which offered the greatest induce 
ment to speculators were found in the Klamath Lake 
basin, which was partially surveyed in 1858. A re- 
survey in 1872 gave a greatly increased amount of 
swamp-land, and changed the character of the surveys 
materially. 37 This was owing to a decision of the 
supreme court of the United States, that the shores 
of navigable waters, and the soils under them, were 
not granted by the constitution to the United States, 
but were reserved to the states respectively. 38 The 
amount selected and surveyed as swamp-land in 1874 
was nearly 1G7,000 acres. In 1876 it was over 300,- 
000, with a large amount remaining unsurveyed. A 
considerable proportion of these selections were made 
in the Linkton district, about Lower Klamath, Tule 
Goose, and Clear lakes, and about the other numerous 
lakes in south-eastern Oregon, and they led finally to 
the settling-up of that whole region with stock-raisers, 
who, when they have exhausted the natural grasses, 
will dispose of their immense possessions to small farm 
ers who will cultivate the soil after purchasing the 
lands at a considerable advance on the price paid by 
the present owners. 

As late as 1884, swindling schemes on a vast scale 
were still being attempted. 39 The history of the land 
grants shows that the intention of congress was to 
benefit the state, and encourage immigration, but these 
benefits were all diverted, bringing incalculable injury 
to the community. Seldom was a demand of the 
legislature refused. 40 In 1864 congress passed an act 




39 See S. F. Chronicle, Feb. 29, 1884. 

40 In 1864 the U. S. senate coin, on land grants refused a grant of land to 
construct a road from Portland to The Dalles. Sen. Com. Rept, 34, 38th cong. 
1st sess. 



DONATION CLAIMS. 659 

amending the act of September 27, 1850, commonly 
called the donation law, so as to protect settlers who 
had failed to file the required notice, and allowing 
them to make up their deficiencies in former grants. 
A large amount of land was taken up under this act. 41 
In the same manner the state was indemnified for the 
school lands settled upon previous to the passage of 
the act donating the sixteenth and thirty-sixth sec 
tions for the support of schools. In 1876 congress 
passed an act for the relief of those persons whose 
donation claims had been taken without compensation 
for military reservations, which reservations were 
afterward abandoned as useless. The settlers who 
had continued to reside on such lands were granted 
patents the same as if no interruption to their title 
had occurred. 

According to the act of admission, five per cent of 
the net proceeds of sales of all public lands lying within 
the state which should be sold after the admission of 
the state, after deducting the expenses incident to the 
sales, was granted to the state for the construction of 
public roads and improvements. The first and only 
public improvement made with this fund was the con 
struction of a canal and locks at the falls of the Wil 
lamette River opposite Oregon City, begun in 1870 
and completed in 1872. After this use of a portion of 
the public-improvement fund, the five-per-cent fund 
was diverted from the uses indicated by law, and by 
consent of congress converted to the common-school 
fund, to prevent its being appropriated to local schemes 
of less importance to the state. 42 

^Zabrislie s Land Laws, 636-7; Portland Or. Herald, Feb. 28, 1871; Sec. 
Int. Kept, 77-86, 44th cong. 1st sess. 

42 Or. Lows, 1870, 14; Governor s Message, app., 1872, 73-4; Deady s 
Hist. Or., MS., 52; Portland Standard, Jan. 7, 1881. The first embezzle 
ment of public money in Oregon was from the five-per-cent fund, amounting 
to $5,424.25. The drafts were stolen by Sam. E. May, secretary of state, and 
applied to his own use. Or. Governor s Message, app., 79-113; Woods Recol 
lections, MS., 7-9. It was this crime that brought ruin on Jesse Applegate, 
one of the bondsmen, whose home was sold at forced sale in 1883, after long 
litigation. S. E. May was a young man of good talents and fine personal ap 
pearance, though with a skin as dark as his character, and which might 
easily have belonged to a mulatto or mestizo. 



660 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

The same disposition was made of the fund arising 
from the sale of the 500,000 acres to which the state 
was entitled on admission, by the act of September 4, 
1841. When the state was organized, the framers of 
the constitution offered to take this grant in addition 
to the common-school lands, instead of for public im 
provements ; but on accepting the Oregon constitu 
tion, congress said nothing concerning this method of 

o o c? 

appropriating the lands, from which it was doubtful 
whether the law of congress or the law of the state 
should govern in this case. But as the lands belonged 
absolutely to the state, it was finally decided to devote 
them to school purposes. 

By 1885 half of the 500,000-acre grant was sold, 
and the remainder, most of which was in eastern Ore 
gon, was, some time previous, offered at two dollars 
an acre. From this, and the sale of the sixteenth and 
thirty-sixth sections, the five-per-cent fund, money 
accruing from escheats, forfeitures, and all other 
sources provided by law, the school fund amounted in 
1881 to about $600,000, which was loaned on real estate 
security at ten per cent per annum. The number of 
acres actually appropriated by congress for common 
schools amounted to 3, 250, 000, of which about 500,- 
000 had been sold, the minimum price being $1.25 



an acre. 43 



The legislature of 1868 passed an act creating a 
board of commissioners for the location of the 90,000 
acres appropriated by congress for agricultural col 
leges, and to establish such a college. By this act a 
school already existing at the town of Corvallis was 
adopted as the Agricultural College, in whi^h students 
sent under the provision of the act should receive a 



43 Po^land Standard, Jan. 7, 1881. The fund does not seem proportioned 
to the amount of land. At the lowest price tixed by law, the lands sold must 
have aggregated 925,000 up to the date just mentioned. Out of this, after 
taking the cost of the canal and locks at Oregon City, f 200,000, there would 
be a considerable amount to be accounted for more than should be credited to 
the account of expenses. But the figures are drawn from the best authority 
obtainable. 



SCHOOL LANDS. 661 

collegiate education in connection with an agricultural 
one. Each state senator was authorized to select one 
student, not less than sixteen years of age, who 
should be entitled to two years tuition in this college; 
and the president of the college was permitted to draw 
upon the state treasurer for eleven dollars and twenty- 
five cents per quarter for each student so attending; 
the money to be refunded out of the proceeds of the 
agricultural lands when selected. 

This was done because the act of congress making 
grants for the establishment of state colleges of 
agriculture required these schools to be in operation 
in 1867. The time was subsequently extended five 
years. Meanwhile the board of commissioners, John 
F. Miller, I. H. Douthit, and J. C. Avery, proceeded 44 
to locate the agricultural-college lands, chiefly in 
Lake county. In 1881, 23,000 acres had been sold 
at $2.50 an acre, giving a fund of $60,000 for the sup 
port of the agricultural department of this school. 

Of the state-university lands, about 16,000 acres re 
mained unsold in 1885 of the 4H.OOO acres belonging 
to this institution. This remainder, located in the 
Y/illamette Valley, was held at two dollars an acre. 

*/* 

An act locating the state university at Eugene City 
was passed by the legislature of 1872. The people of 
Lane county, in consideration of the location being 
made in their midst, made a gift to the state of the 
grounds necessary, and the building erected upon it, 

44 No building was erected, nor was the location of the college secured to 
Corvallis. By simply adopting the Corvallis institution as it stood, a great 
difficulty was removed, and expense saved, while the land grant was secured. 
Twenty-two students were entered in 1868. In 1871 the people of Bentonco. 
presented 35 acres of land to the college to make a farm, on which the agricul 
tural students labored a short time each day of the school-week, receiving com 
pensation therefor. Wheat and fruit were cultivated on the farm; fertilizers 
are tested, and soils analyzed. Lectures are given on meteorology, botany, 
fruit-culture, chemistry, and assaying. The building was enlarged, and the 
apparatus increased from time to time, with collections of minerals. The farm 
was valued at $5,000, the buildings at $6,000. In 1876 about 100 students 
took the agricultural course, all of whom were required to perform a small 
amount of labor on the farm, and to practise a military drill. The state 
makes an annual appropriation of $5,000 toward the current expenses of the 
college. Dept Ar/ric. fapt, 18/1-2, 325; 1875, 397, 492; Or. Lawn, 1868, 
40-41; Or. Ltgu&. Docs, 1870, app. 12-16; Or. Laws, 1872, 133-5; Govern 
or * Metsaye, 1872, 12-13; Portland Went Shore, Oct. 1880. 



662 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

amounting in value to $52,000. The university school 
was opened in 1876, when the fund arising from the 
sale of its lands reached $75,000, nearly $10,000 of 
which sum arose from sales of the Oregon City claim, 
previous to the legislative act which restored that prop 
erty to the heirs of John McLoughlin. 45 

The land appropriated to the erection of public 
buildings having been all sold arid the funds applied 
to these purposes, there remained, in 1885, unsold of 
the state lands of the above classes some three mil 
lion acres, then held at from $1.25 to $2.50 an acre, 
besides such of the swamp-lands as might revert to the 
state, the tide and overflowed lands of the sea-shore, 
and the salt-springs land. Owing to the greater ease 
with which the level lands were cultivated, the prairies 
were first selected, both by private claimants and 
government agents. 46 The principal amount of the 
state lands still unsold in 1885 were the brush lands 
of the foot-hills and ridges of western Oregon, the 
timbered lands of the mountains, and the high table 
lands of eastern Oregon, which, compared with the 
fertile and level valley lands of the state, were once 
esteemed comparatively valueless. This, however, 
was a hasty conclusion. The brush lands, when 
cleared, proved to be superior fruit lands; the high 
plateaus of eastern Oregon, owing to a clayey soil not 
found in the valleys, produced excellent wheat crops, 
and the timbered lands were prospectively valuable 
for lumber. In fact, it became necessarv for the gov- 

tx 

eminent, in 1878, to impose a fine of from $100 to 
$1,000 for trespassing on the forest lands, for their 
protection from milling companies with no right to 
the timber. At the same time the government of- 



45 Or. Lmm, 1872, 47-53, 96-7; AWi s Or., 162; Victor s Or., 178. Much 
information may be gleaned concerning the status of schools and the condition 
of the public funds from Or. School Land Sales Kept, 1872; Or. Legist. Docs, 
1868, doc. 4, 41-3. 

46 1 find the principal statements here set down collected by the clerk of 
the board of land commissioners, M. E. P. McCormac, for the Portland Stan 
dard, Jan. 7, 1881; Ashland Tidings, Jan. 29, 1877; Sac. Union, Jan. 15, 1872; 
S. F. Pout, Sept. 9, 1873. 



CIVIL CODE. 663 

fered to sell its timber, in tracts of 160 acres, at $2.50 
an acre; and lands containing stone quarries at the 
same price. The total number of acres of timber in 
the state is estimated at 761,000, or a little over 
thirty-one per cent of the whole area. 

As it became a known fact that the cultivation of 
timber tended to produce a moisture which was lack 
ing in the climate and soil of the high central plains, 
congress passed an act by the provisions of which a 
quarter-section of land might be taken up, and on a 
certain portion of it being planted with timber, a pat 
ent might be obtained to the whole. Under this act, 
passed in 1873 and amended in 1874, between 18,000 
and 19,000 acres were claimed in the year ending 
July 1, 1878, chiefly in eastern Oregon; while in the 
same year, under the homestead act, nearly 86,000 
acres were taken up/ 7 the whole amount of govern 
ment land taken in Oregon in 1878 being 139,597 
acres. The rapid settlement of the country at this 
period, together with the absorption of the public 
lands by railroad grants, seems likely soon to termi 
nate the possessory rights of the government in Ore 
gon, the claims of settlers still keeping in advance of 
the United States surveys. 

To the legislature of 1862 was submitted a Code of 
Civil Procedure, with some general laws concerning 
corporations, partnerships, public roads, and other 
matters, prepared by a commission consisting of 
Deady, Gibbs, and Kelly, which was accepted with 
some slight amendments; and an act was then passed 
authorizing Deady to complete the code and report 
at the next session. This was done, and the code 
completed was accepted in 1864, but four members 
voting against it on the final ballot, and they upon 
the ground of the absence of a provision prohibiting 

47 H. Ex. Doc., i., pt 5, 146-60, 45th cong. 3d sess.; Victor s Or., 98; 
Nask s Or., 163; Nordhoff, N. Cat., 211; Dept Afjric. Rept, 1875, 331; Ash 
land Tidings, Nov. 16, 1877; Cong. Globe, 1876-7, 137; 1877-8, 32. 



664 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

persons other than white men from giving evidence 
in the courts. 

The subject of the equality of the races had not 
lost its importance. The legislature of 1862, accord 
ing to the spirit of the constitution of Oregon, which 
declared that the legislative assembly should provide 
by penal codes for the removal of negroes and mulat- 
toes from the state, and for their effectual exclusion, 
enacted that each and every negro, Chinaman, Ha 
waiian, arid mulatto residing within the limits of the 
state should pay an annual poll-tax of five dollars, or 
failing to do so should be arrested and put to work 
upon the public highway at fifty cents a day until the 
tax and the expenses of the arrest and collection 
were discharged. 48 

By the constitution of Oregon, Chinamen not resi 
dents of the state at the time of its adoption were 
forever prohibited from holding real estate or mining 
claims therein. By several previous acts they had 
been "taxed and protected " in mining as a means of 
revenue, the tax growing more oppressive with each 
enactment, and as the question of Chinese immigra 
tion 49 was more discussed, the law of 1862 being in 
tended to put a check upon it. All former laws 
relating to mining by the Chinese having been re 
pealed by a general act in 1864, the legislature of 
1866 passed another, the general features of which 
were that no Chinamen not born in the United 

48 0r. Gen. Laws, 1845, 64; Or. Code, 1862, app. 76-7. 

4a Since the Chinese question is presented at length in another portion of 
this work, it will not be considered in this place. In Oregon, as in California, 
there was much discussion of the problem of the probable effect of Chinese 
immigration and labor on the affairs of the western side of the continent; and 
occasionally an outbreak against them occurred, though no riots of importance 
have taken place in this state. Dui-ing the period of railway building they 
were imported in larger numbers than ever before. The Oregon newspapers 
have never earnestly entered into the arguments for and against Chinese im 
migration, as the California papers have done. The Or. Deutsche Zeituny has 
published some articles in favor of it, and an occasional article in opposition 
has appeared in various journals: but there had not been any violent agita 
tion on the subject up to the year 1881. See Boue Statesman, April 20, 1807; 
Or. Lef/isl. L>oc*, 1870, doc. li, 5-9; Or. Laws, 1870, 103-5; Eugene City 
Jo urna/, March 14, 18G8; S. F. Call, Oct. 21, 1808; McAfi. inville Courier, 
Sept. 18, 1808; S. F. Times, Sept. 2, 1868, Jail. 18, 1809; Or. DeutacheMtung, 
July 17, 1869. 



CHINAMEN AND NEGROES. 663 

States should mine in Oregon, except by paying four 
dollars per quarter, upon receiving a license from the 
sheriff; failing in the payment of which the sheriff 
might seize and sell his property. Any person em 
ploying Chinamen to work in the mines was liable for 
this tax on all so employed. Chinamen complying 
with the law should be protected the same as citizens 
of the United States; and twenty per cent of such 
revenue should go to the state. 50 

With the laws against negroes the hand of the gen 
eral government was destined to interfere, first by the 
abolition of slavery in all United States territory, and 
finally when citizenship and the right of suffrage were 
extended to the colored race. The resolution of con 
gress providing for the amendment to the constitution 
of the United States abolishing slavery was passed 
February 1, 1865. By the 23d of September seven 
teen states had adopted the amendment. Secretary 
Seward wrote to Governor Gibbs asking for a decis 
ion, to obtain which the legislature was convened at 
Salem on the 5th of December 51 by a call of the 

50 Or. Laws, 1866, 41-6. In 1861 the revenue to the state from the tax on 
Chinamen was $539.25, collected in the counties of Jackson and Josephine; or 
a total of 10,785, which shows a mining population in those two counties of 
about 900. Or. Jour. House, 1862, ap. 60-6. 

51 This was the same elected iu 1864, and had held their regular session in 
September and October of that year. It consisted of the following members 
Senate: Baker and Umatilla counties, James M. Pyle; Benton, A. G. Ilovey; 
Coos, Curry, and Douglas, G. S. Hinsdale; Clatsop, Columbia, Washington, 
and Tillamook, Thos 11. Cornelius; Clackamas, H. \V. Eddy; Douglas, James 
Watson; Jackson, Jacob Wagner; Josephine, C. M. Caldwell; Lane, C. E. 
Chrisinan and S. B. Cranston; Linn, Bartlett Curl and D. W. Bollard; Marion, 
John W. Grim and William Greenwood; Multnomah, J. H. Mitchell; Polk, 
John A. Frazer; Wasco, L. Donnel; Yamhill, Joel Palmer. 

House: Baker county, Samuel Colt and Daniel Chaplin; Benton, J. Quinn 
Thornton and James Gingles; Coos and Curry, Isaac Hacker; Clatsop, Co 
lumbia, and Tillamook. P. W. Gillette; Clackamas, E. S. S. Fisher, H. W. 
Shipley, and Owen Wade; Douglas, E. W. Otey, P. C. Parker, and A. 
Ireland; Jackson, James D. Fay, T. F. Beall, and W. F. Songer; Josephine, 
Isaac Cox; Lane. G. Callison, J. B. Underwood, and A. McCornack; Linn, 
Robert Glass, J. N. Perkins, J. P. Tate, and H. A. McCartney; Marion, I. 
R. Moores, J. C. Cartwright, J. J. Murphy, and II. L. Turner; Moltnomah, 
P. Wasserman, L. H. Wakefield, and John Powell; Polk, James S. Holman, 
C. Lafollet; Umatilla, L. F. Lane; Wasco, A. J. Borland; Washington, 
W. Bowlby and D. 0. Quick; Yarnhill, Geo. W. Lawson and H. Warren. 
The place of Wade was filled in 18G5 by Arthur Warner; the place of Lafol- 
It-t by Isaac Smith; the place of Henry Warren by J. M. Pierce. Borland 
was absent, and had no substitute. Or. Jour. House, 1864 and 1865; Or. Jour, 
Senate, 1864; National Almanac, 1864. 



666 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

executive. The message of Governor Gibbs was dig 
nified and argumentative in favor of the abolition of 
slavery. It was impossible to get a unanimous vote 
in favor of the measure, on account of the democratic 
members who had been elected by the disunion ele 
ment. The amendment was, however, adopted, with 
only seven dissenting votes in both houses, 52 by a joint 
resolution, on the llth of December, and the decision 
telegraphed to Washington. 

When the fourteenth amendment was presented to 
another Oregon legislature in the following year, it was 
adopted with even less debate, and the clauses of the 
constitution of Oregon which discriminated against 
the negro as a citizen of the state were thereby made 
nugatory. 53 

The remainder of the political history of Oregon 
will be brief, and chiefly biographical. The republican 
party of the United States in 1864 again elected 
Abraham Lincoln to be president. Oregon s majority 
was over fourteen hundred. At the state election of 
this year J. H. D. Henderson 54 was elected repre- 

52 Gibbs says, in his Notes on Or. Hist., MS., 25, that every republican 
except one voted for it, and every democrat against it. 

63 See Or. Jour. Senate, 18GG, 23, 20, 27, 31, 34, 33, 56, 58, 61. The state 
senate in 1806, in addition to Cranston, Cornelius, Donnell, Hinadale, Palmer, 
Pyle, and Watson, who held over, consisted of the following newly elected 
members : Benton county, J. R. Bay ley; Baker, S. Ison; Clackamas, W. C. 
Johnson; Grant, L. 0. Sterns; Linn, R. H. Crawford, William Cyrus; 
Lane, H. C. Huston; Marion, Samuel Brown, J. C. Cart Wright; Multnomafa, 
J. N. Dolph, David Powell; Polk, W. D. Jeffries; Umatilla, N. Ford. 
House: Baker, A. C. Loring; Baker and Union, W. C. Hindman; Benton, 

F. A. Chenoweth, James Gingles; Clackamas, J. D. Locey, J. D. Garrett, W. 
A. Starkweather; Clatsop, Columbia, and Tillamook, Cyrus Olney; Coos and 
Curry, F. G. Lockhart; Douglas, B. Herman, James Cole, M. M. Melvin; Jack 
son, E. D. Foudray, Giles Welles, John E. Ross; Josephine, Isaac Cox; Mult- 
nomah, W. W. Upton, A. Rosenheim, J. P. Garlick, John S. White; Marion, 
J. I. 0. Nicklin, W. E. Parris, C. B. Roland, B. A. Witzel, L. S. Davis; Polk, 
J. Stouffer, J. J. Dempsey, William Hall; Grant, Thos H. Brents, M. M. 
McKean; Union, James Hendershott; Umatilla, T. W. Avery, H. A. Gehr; 
Wasco, 0. Humason, F. T. Dodge; Yamhill, J. Lamson, R. B. Laughlin; 
Lane, John Whiteaker, J. E. P. Withers, R. B. Cochran; Linn, E. B. Moore, 

G. R. Helm, J. Q. A. Worth, J. R. South, W. C. Baird; Washington, G. C, 
Day, A. Hinman. Or. Jour. Senate, I860. 

54 Henderson was a Virginian and a Cumberland presbyterian minister, a 
modest and sensible man of brains. He came to Oregon in 1851 or 1852, and 
resided at Eugene, where he was principal of an academy and clerk in the 
surveyor-general s office. Deady s Scrap-Book^ 77. 



DEMOCRATS AND REPUBLICANS. 667 

sentative to congress; J. F. Gazley, George L. Woods, 
and H. N. George, presidential electors. The sen 
ate chose George H. Williams for the six years term 
in the United States senate, beginning in March 1865. 

With the close of the war for the union the politi 
cal elements began gradually to reshape themselves, 
many of the union party who had been Douglas demo 
crats before the war resuming their place in the demo 
cratic ranks when the danger of disunion was past. To 
the returning ascendency of the democratic party the 
republicans contributed by contests for place among 
themselves. In 186G A. C. Gibbs and J. H. Mitch 
ell were both aspirants for the senatorship, but 
Gibbs received the nomination in the caucus of the 
republican members of the legislature. Opposed to 
him was Joseph S. Smith, democratic nominee. The 
balloting was long continued without an election, 
owing to the defection of three members whose votes 
had been pledged. When it became apparent that 
no election could be had, the name of H. W. Cor- 
bett was substitued for that of Gibbs, and Corbett 
\vas elected on the sixteenth ballot. Corbett was 
not much known in politics except as an unconditional 
union man. Personally he was not objectionable. He 
labored for the credit of his state, and endeavored 
to sustain republican measures by introducing and 
laboring for bills that promoted public improvements. 5 

In 18G8 the legislature had returned to something 

o o 

like its pre-rebellion status, 56 passing a resolution in 
both houses requesting senators Williams and Cor 
bett to resign for having supported the reconstruc 
tion acts. 57 The senate of the United States returned 
the resolution to both houses of the Oregon legisla- 

55 Henry W. Corbett was born at Westboro, Mass., Feb. 18, 1827; received 
an academic education, and engaged in mercantile pursuits, first in New York, 
and then in Portland in 1849, where he acquired a handsome fortune. He 
was an ardent unionist from the first. Cong. Directory, 31, 40th cong. 2d sess. 

50 There were 13 democrats and 9 republicans in tb.3 senate, and 17 republi 
cans and 30 democrats in the house. Camp s Year-Book, 1869, 7)8. 

57 See Williams speech of Feb. 4, 1868; Or. Jour. House, 1868, 123-5; Or. 
Laws, 1868, 97-8. 



668 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

ture by a vote of 126 to 35. 58 Williams and his col 
league secured a grant of land for the construction of 
a railroad from Portland to the Central Pacific rail 
road in California, for which they received the plaudits 
of the people, and especially of southern Oregon. 
When the senatorial term of the former expired he 
was appointed attorney-general of the United States, 
and afterward chief justice, but withdrew his name, 
and retired to private life in Portland. 

In 1866 George L. Woods was elected governor in 
opposition to James K. Kelly. To avenge this injury 

to an old-line democrat, the legislature of 1868 59 con- 

7 <~ 

spired to pass a bill redistricting the state so as to 
increase the democratic representation in certain sec 
tions and decrease the republican representation in 

58 The resolution of censure just mentioned originated in the house. The 
senate at the same session passed a resolution rescinding the action of the 
legiilature of 1800 assenting to the fourteenth amendment, which resolution 
was adopted by the house. Or. Jour. Senate, 1808, 32-6. The act was one of 
political enmity merely, as the legislature of 1SG3 had no power to annul a 
compact entered into for the state by any previous legislative body. The 
senate of Oregon assumed, however, than any state had a right to withdraw 
up to the moment of ratification by three fourths of all the states; and that 
the states of Arkansas, Florida, Louisiana, Alabama, South Carolina, and 
Georgia were created by a military despotism against the will of the legal 
voters of those states, and consequently that the acts of their legislatures 
were not legal, and did not ratify the fourteenth amendment. The secretary 
of state for Oregon was directed to forward certified copies of the resolution 
to the president and secretary, and both houses of congress. But nothing 
appeal s i;i the proceedings of either to show that the document ever reached 
its destination. 

5a Senate: Baker county, S. Ison; Washington, Columbia, Clatsop, and 
Tillamook, T. 11. Cornelius; Bcnton, J. R. Bay Icy; Umatilla, N. Ford; 
Ciackamas, D. P. Thompson; Union, James Hcndershott; Douglas, Coos, 
and Curry, B. Herman, C. M. Pershbaker; Josephine, B. F. Holtzclaw; 
Yumhi.l, S. C. Adams; Jackson, J. N. T. Miller; Lane, H. C. Huston, R. B. 
Cochran; Linn, Win Cyrus, R. H. Crawford; Marion, Samuel Miller, Sam 
uel Brown; Multnomah, Lansing Stout; Polk, B. F. Burcli, president. 

House: Baker, R. Beers; Bcnton, J. C. Alexander, R. A. Bensal; Baker 
and Union, 1). R. Benson; Ciackamas, J. W. Garrett, D. P. Trullinger; 
Coos and Curry, Richard Pendergast; Columbia, Clatsop, and Tillamook, W. 

D. Hoxter; Douglas, John G. Flook, James F. Gazley, James Applegate; 
Grant, R. W. Ncal, Thomas E. Gray; Jackson, J. B. White, Thomas Smith, 
J. L. Louden; Josephine, Isaac Cox; Lane, John Whiteakcr, II. H. Gilfrey, 

E. N. Tandy; Linn, John T. Crooks, John Bryant, B. B. Johnson, W. F. 
Alexander, T. J. Stites; Marion, John F. Denny, J. B. Lichtenthaler, T. W. 
Davenport, John Minto, David Simpson; Multnomah, W. W. Chapman, T. 
A. Davis, James Powell, J. S. Scoggins; Polk, R. J. Grant, F. Vvaymire, 
Ira S. Townsend; Umatilla, A. L. Kirk; Union, H. Rhinehart; Wasco, D. 
W. Butler, George J. Ryan; Washington, John A. Taylor, Edward Jackson; 
Yamhill, W. W. Brown, G. W. Burnett; speaker, John Whiteaker. Or. 
Jour. Senate, 1868, 4-5; Or. Jour. House, 18G8, 4-5. 



LEGISLATURE AND ELECTIONS. 689 

others, having for its object the election of a demo 
cratic United States senator in 1870; and further, to 
recount the gubernatorial vote of 18GG, to count out 
Woods and place Kelly in the office of governor. 
This return to the practices of the political zouaves 
of the days of the Salem clique, amounting in this 
case to revolution, was thwarted by the republican 
minority under the direction of Woods. In order to 
carry their points, the democrats endeavored to pro 
long the session beyond the constitutional forty days, 
by deferring the general appropriation bill, and did so 
prolong it to the forty-third day, when fifteen repub 
licans resigned in a body, leaving the house without 
a quorum, and unable to pass even a bill to pay their 
per diem. In this dilemma, they demanded that the 
governor should issue writs of election to make a 
quorum; but this was refused as unconstitutional after 
the forty days were passed, and the house, without 
the power even to adjourn, fell in pieces. 6( 

The representative to congress elected in 1866 wns 
Hufus Mallory, republican, who defeated his opponent, 
James D. Fay, by a majority of six hundred. 61 

In 1868 the republican candidate, David Logan, 
was beaten by Joseph S. Smith, whose majority was 
nearly twelve hundred, 62 owing partly to the unpop 
ular standing of Logan even with his own party, 63 as 

60 Or. Jour. House, 1868, 527-54; Wood s Recollection*, MS., 35-8. 

61 Rufus Mallory was a native of Coventry, N. Y., born January 10, 1831. 
He received an academic education, and studied and practised law. He was 
dist atty in the 1st jud. dist in Oregon in 1800, and in the 3d jud. dist from 
1362 to 1866; and was a member of the sta .e leg. in 1862. C onrjrrs*. Directory, 
4 ,)th cong. 2d sess., p. 31. James D. Fay married a daughter of Jesse Apple- 
gate. His habits were bad, and he committed suicide at Coos Bay. He was 
talented, erratic, and unprincipled. 

02 Smith came to Oregon in 1847, and preached as a minister of the meth- 
odist church. After the gold discoveries and the change in the condition of 
the country, he abandoned preaching and engaged in the practice of law in 
1852. He was in 1864 agent for the Salem Manufacturing Company, in 
which he was a large stockholder. He is described as a reserved man, not 
much read in elementary law, but an acute reasoner and subtle disputant. 
Deadi/ x Scrap-Book, 81. 

03 The federal officers in Oregon in 1868 were: district judge, Matthew P. 
Beady; marshal, Albert Zeiber; clerk, Ralph Wilcox; collector of the port 
of Astoria, Alanson Hinman; surveyor-general, Elisha Applegate; register of 
laud-office, Roseburg, John Kelly (A. R. Flint, receiver); register, Oregon 



670 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

was shown by the presidential vote in the following 
November, which gave a democratic majority of only 
160 for presidential electors out of 22,000 votes cast 
bv the state. 

v 

In 1870 L. F. Grover, who ever since 1864 had 
been president of the democratic organization of the 
state, was elected governor of Oregon, with S. F. 
Chaclwick as secretary. 64 

The legislature of 1870, following the example of 
its immediate predecessor, rejected the fifteenth amend 
ment to the constitution of the United States, which 
extended the elective franchise to negroes. The man- 

o 

ner of the rejection was similar to that of the rescind 
ing resolutions of 1868, and like them, a mere impo 
tent expression of the rebellious sentiments of the 
ultra-democratic party in Oregon. 65 It had no effect 
to prevent negroes in Oregon from voting, of whom 
there were at this time less than 350. It also, in 
obedience to party government, provided for the ap 
pointment of three commissioners to investigate the 
official conduct of the state officers of the previous ad 
ministration, succeeding in discovering a defalcation 
by Secretary May of several thousand dollars, 6 * 

City, Owen Wade (Henry Warren, receiver); supt Ind. aff., J. W. P. 
Huntingtou; chief clerk Ind. dept, C. S. Wood worth; assessor int. rev., Thomas 
Frazar; collector int. rev., Medorum Crawford; deputy assessor, William 
Grooms; deputy col., Edwin Backenstos. 

The district judges of the supreme court of Oregon at this time, beginning 
with the northern districts, were: 4th dist, W. W. Upton; 5th dist, J. G. 
Wilson (east of the Cascade mts); 3d dist, R. P. Boise; 2d dist, A. A. 
Skinner; 1st dist, P. P. Prim; The dist attys in the same order were 
M. F. Mulkey, James H. Slater, P. C. Sullivan, J. F. Watson, J. B. Neil. 
AlcCormick s Portland Dir., 1808, 109; Camp * Year-Boole, 18G9, 434. 

61 L. Fleischner was elected treasurer, K. P. Boise was reflected judge, 
and A. J. Thayer and L. L. McArthur to succeed Skinner and Wilson. Id., 
app. 11. 

65 Or. Laws, 1870, 190-1; Sen. Misc. Docs, 56, 41st cong. 3d sess. ; Gov. 
wafje, in Or. Lcyis. Docs, 1870, doc. 11, p. 9. 

66 The investigation lasted a year, at $5 per day each to the commissioners 
for the time necessarily employed in making the investigation. They brought 
in a report against May, and also some absurd charges that the governor had 
made more visits to the penitentiary than his duty required, at the expense 
of the state, with other insignificant matters. They discovered that C. A. 
Reed, the adjutant-general of the militia organization, had purchased two gold 
pens, not needed, his office being abolished by the same body which com 
missioned them, at an expense of 15 a day, to discover these two pens. 

Legislative assembly of 1870 Senate; Baker county, A. H. Brown; 



FINANCES. 671 

through embezzlement of the five-per-cent fund before 
mentioned. 

When Governor Grover came into office he found 
the treasury containing sufficient funds, less some 
$6,000, to defray the expenses of the state s affairs for 
the next two years. The legislature at once made an 
appropriation to build the penitentiary in a permanent 
form, and appropriated money from the five-per-cent 
fund for the construction of a steamboat canal with 
locks, at the falls of the Willamette. A small amount 
was also devoted to the organization of the aofricultu- 
ral college, thereby securing the land grant belonging 
to it. The legislature of 1872 passed an act provid 
ing for the construction of a state capitol, and appro 
priated $100,000 to be set apart by the treasurer, 
to be designated as the state-house building fund; but 
for the purpose of providing funds for immediate use, 
the treasurer \vas authorized to transfer $50,000 from 
the soldiers -bounty fund to the building fund, that 
the work might be begun without delay. The same 
legislature passed an act organizing and locating the 
state university at Eugene City, on condition that a 
site and building were furnished by the Union Uni- 

Douglas, L. F. Mosher; Coos and Curry, C. M. Pershbaker; Jackson 
James D. Fay; Josephine, B. F. Holtzclaw; Lane, A. W. Patterson, R. 
B. Cochran; Linn, Enoch Hoult, R. H. Crawford; Marion, Samuel Brown, 
John H. Moores; MuLtnomah, Lansing Stout, David Powell; Clackamas, D. 
P. Thompson; Polk, B. F. Burch; Grant, J. VV. Baldwin; Umatilla, T. T. 
Lieuallen; Union, J. Hendershott; Wasco, Victor Trevitt; Washington, Co 
lumbia, Clatsop, and Tillamook, T. R. Cornelius; Yamhill, W. T. Newby; 
Benton, R. S. Strahan. President, James D. Fay; clerks, Syl. C. Simpson 
and Orlando M. Packard. 

House: Baker, H. Porter; Baker and Union, J. R. McLain; Benton, D. 
Carlisle, W. R. Calloway; Clackamas, Peter Paquet, W. A. Starkweather, J. 
T. Apperson; Clatsop, Columbia, and Tillamook, Cyrus Olney; Coos and 
Curry, F. G. Lockhart; Douglas, Jamas C. Hutchinson, C. M. Caldwell, J. C. 
Drain; Grant, J. M. McCoy, W. H. Clark; Jackson, Jackson Rader, James 
Wells, A. J. Burnett; Lane, John Whiteaker, G. B. Dorris, James F. Amis; 
Linn, W. F. Alexander, G. R. Helm, Thomas Munkers, John Ostrander, W. 
S. Elkins; Marion, T. W. Davenport, R. P. Earhart, J. M. Harrison, G. P. 
Holman, W. R. Dunbar; Multnomah, J. W. Whailey, Dan. O Regan, L. P. 
W. Quimby, John C. Carson; Polk, B. Hayden, R. J. Grant, W. Comegys; 
Union, J. T. Hunter; Umatilla, Johnson Thompson, F. A. Da Sheill; Wash 
ington, W. D. Hare, W. A. Mills; Wasco, James Fulton, O. S. Savage; 
Yamhill, Al. Hussey, Lee Loughlin. Speaker, Ben Hayden; clerks, E. S. 
McComas, John Costello, W. L. White, and John T. Crooks. Or. Jour. Sen 
ate, 1870, 4-6, 13; Directory Pac. Coast, 1871-3, 111. 



672 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

versity Association ; and setting apart the interest on 
the fund arising from the sale of seventy-two sections 

/ 

of land donated to the state for the support of the 
university for the payment of the salaries of teachers 
and officers. 

These were all measures important to the welfare 
and dignity of the state, and gave to Grover s admin 
istration the credit of having the interests of the peo 
ple at heart. An agricultural college was established 
by simply paying for the tuition of twenty-three pu 
pils at an ordinary academy, at ordinary academy 
charges. 6 A university was established, by requiring 
the town where it was located to furnish a site and a 
building, and paying the faculty out of the university 
fund. The Modoc war, also, which occurred during 
Grover s term of office, added some consequence to 
his administration, which, excepting that of Governor 
Gibbs, was the most busy, for good or evil, of any 
which had occurred in the history of the state. In 
1874 Grover was reelected, over J. C. Tohnan, repub 
lican, and T. F. Campbell, independent. 68 

In 1872 the republicans in the legislature elected 
Joiin H. Mitchell to succeed Corbett in the U. S. 
senate. He served the state ably. 69 

67 Or. Governor s Message, 1872, 3-10; Or. Laws, 1872, 47-53; Grover s 
Pub. Life in Or., MS., 72. 

68 Grover s opponent iu 1870 was Joel Palmer, who was not fitted for the 
position, being past his prime. In 1874 Grover s majority over Toliran was 
550. Campbell simply .divided the vote, and was beaten by 3,181. He was 
a preacher of the Christian church, and president of Monmouth college, of 
which he was also the founder, and which became a prosperous school. 

69 Mitchell was born in Penn. June 22, 1835, receiving a fair education, 
and studying law, which he practised in his native state. Appearing in Ore 
gon in 1860, at the moment when his talents and active loyalty could be made 
available, he rapidly rose in favor with his party, and was appointed prose 
cuting attorney for the 4th jud. dist, in place of W. W. Page, resigned, but 
declined, and in 1864 was elected state senator. From this time he was a 
leader in politics, and a favorite among men, having many pleasing personal 
qualities. After having been chosen senator, a scandal was discovered which 
dismayed the republicans and gave the independents that which they desired, 
a strong leverage against the old party, which was split in consequence, the 
breach made being so violent that at the next senatorial election they lost 
the battle to the democrats. Mitchell was not unseated, however, as had 
been hoped. At the expiration of his term he resumed the practice of the 
law, first in Washington city, and later in Portland, where he achieved his 
first political honors, and where the field is open to talent to distinguish itself. 



PECULATIONS. 673 

On the meeting of the legislature of 1876, there 
being a United States senator to be elected, the choice 

o 

lay between Jesse Applegate and Grover. The first 
ballot in the senate gave Applegate seven and Grover 
twenty votes, with two votes scattering. The first 
ballot in the house gave twenty-seven for Applegate 
and twenty-five for Grover, with seven for J. W. 
Nesmith. In joint convention Nesmith received on 
some ballots as many as fourteen votes. But the 
democrats were chiefly united on Grover and the re- 

P 

publicans on Applegate; and at length the friends of 
Nesmith gave way, that the candidate of their party 
might succeed, and Grover s vote rose from forty-two 
to forty-eight, by which he was elected. In Febru 
ary 1877 he resigned the office of governor, and took 
his place in the U. S. senate, 70 S. F. Chadwick suc 
ceeding to the gubernatorial office. 

In the mean time there was a growing uneasiness 
in the public mind, arising from the conviction that 
there was either mismanagement or fraud, or both, in 
the state, land, and other departments, and the legis 
lature of 1878 appointed a joint committee to examine 
into the transactions of the various offices and de 
partments of the state government. The commission 
published its report, and the impression got abroad 
that a system of peculation had been carried on for 
some time past, in which serious charges were made; 
but notwithstanding the numerous accusations against 
the several state officials, there was not sufficient evi 
dence to prove that moneys had been illegally drawn 
from the public funds. Nevertheless, the administra 
tion suffered in reputation in consequence of the re 
port. The scandal created was doubtless tinged by 
partisan spirit, more or less. The improvement in 
the affairs of the government was substantial and 
noteworthy, and at a later date credit was not un- 

See Sen. Com. Rcpt, 536, 548, 561, 627, 678, 44th cong. 2<1 sess.; also, 
Proceedings of the Electoral Commission, and Cong. Globe. 1876-7, 74-5, 209-10, 
app. 132, 188, 192; Portland Oregonian, Jan. 27, 1377. 
HIST. OR., VOL. II. 43 



674 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

willingly conceded to the administration, the course 
of which had been temporarily clouded by hurtful 
though unsubstantiated complaints. 71 

The elevation of Grover to the U. S. senate left 
Stephen F. Chadwick in the gubernatorial chair, which 
he filled without cause for dissatisfaction during the 
remainder of the term. During Chadwick s adminis 
tration eastern Oregon was visited by an Indian war. 
During this interval the depredations caused were 
very severe, and the loss to the white settlers of prop 
erty was immense, a full history of which will be in 
cluded in those described in my History of Washington, 
Idaho, and Montana. 

One by one the former democratic aspirants for 
place reached the goal of their desires. Joseph S. 
Smith was succeeded in congress by James H. Slater, 
who during the period of the rebellion was editor of 
the Corvallis Union, a paper that, notwithstanding 
its name, advocated disunion so as to bring itself 
under the notice of the government, by whose author 
ity it was suppressed. 72 

The successor of Slater was Joseph G. Wilson, 73 
who died at the summer recess of congress in 1873. 
A special election chose J. W. Nesmith to fill the 
vacancy, who, though a democratic leader, had es 
chewed some of the practices of his party, if not the 

71 For a report of the proceedings of the investigating committee, see Or. 
Legist. Docs, 1878; Portland Oreyonian, Dec. 30, 1878. 

72 James H. Slater was a native of 111., born in 1827. He came to Cal. in 
1849, and thence to Oregon in 1850, residing near Corvallis, where he taught 
school and studied law, the practice of which he commenced in 1858. He 
was elected to the legislature several times. He removed to eastern Oregon 
in 1862, engaging in mining for a time, but finally settled at La Grande. Ash 
land Tidings, Sept. 20, 1878. 

73 Wilson was born in New Hampshire Dec. 13, 1826, the son of a dissent 
ing Scotch presbyterian, who settled in Londonderry in 1716. His parents 
removed to Cincinnati in 1826, settling afterward near Reading, Joseph 
receiving his education at Marietta college, from which he graduated with 
the degree of LL. D. He entered the Cincinnati law school, from which he 
graduated in 1852 and went to Oregon. He rose step by step to be congress 
man. His wife was Elizabeth Millar, daughter of Rev. James P. Millar of 
Albany, a talented and cultivated lady, who, after her husband s untimely 
death, received a commission as postmaster at The Dalles, which she held 
for many years. 



CONGRESSMAN AND GOVERNOR. 675 

love of office. His majority was nearly 2,000 over 
his opponent, Hiram Smith. He was in turn suc 
ceeded by George La Dow, 74 a man little known in 
the state, and who would not have received the nom 
ination but for the course of the Orcgonian in making 
a division in the republican ranks and running Rich 
ard Williams, while the regular party ran T. W. 
Davenport. The vacancy caused by the death of La 
Dow was filled by La Fayette Lane, specially elected 
October 25, 1875. At the next regular election, in 
1876, Richard Williams 75 received a majority of votes 
for representative to congress, serving from March 
1877 to March 1879. He was succeeded by ex-Gov 
ernor John Whiteaker, democrat, and he by M. C. 
George, republican, who has been returned the sec 
ond time. 

In 1878 the republicans again lost their choice for 
governor by division, and C. C. Beekman was defeated 1 
by W. W. Thayer, 76 who was followed by Z. F. 
Moody 77 in 1882. The U. S. senator elected in 1882, 

74 George A. La Dow was born in Cayuga-co. , N. Y., March 18, 1826. His 
father emigrated to 111. 1839, where George was educated for the practice of 
law. Subsequently settling in Wisconsin, he was elected dist atty for Wau- 
paca co. In Ib69 he came to Oregon and settled in Umatilla co. , being elected 
representative in 1872. S. F. Examiner, in Safem Statesman, June 13, 1874. 

75 Richard Williams was a son of Elijah Williams, a pioneer. He was a 
young man of irreproachable character arid good talents, a lawyer by profes 
sion, who had been appointed dist atty in 1867. S. F. Call, March 24, 1867. 

76 W. W. Thayer, a brother of A. J. Thayer, was born at Lima, N. Y., 
July 15, 1827. He received a common-school education, and studied law, 
being admitted to the bar by the sup. ct at Rochester, in March 1851. He 
subsequently practised at Tonawanda and Buffalo, until 1862, when he came 
to Oregon, intending to settle at Corvallis. The mining excitement of 1863 
drew him to Idaho; he remained at Lewiston till 1867, when he returned to 
Oregon and settled in East Portland, forming a law partnership with Richard 
Williams. He was a member of the Idaho legislature in 1866, and was also 
dist atty of the 3d jud. dist. During his administration as governor, the 
state debt, which had accumulated under the previous administration, was 
paid, and the financial condition of the state rendered sound and healthy. 
The insane asylum was commenced with Thayer as one of a board of com 
missioners, and was about completed when his term expired. It is an impos 
ing brick structure, capable of accommodating 400 or 500. 

77 Zenas Ferry Moody was a republican of New England and revolutionary 
stock, and has not been without pioneer experiences, coming to Oregon iu 
1851. lie was one of the first U. S. surveying party which established the 
initial point of the Willamette meridian, and continued two years in the ser- ; 
vice. In 1853 he settled in Brownsville, and married Miss Mary Stephenson, 
their children being four sons and one daughter. In 1856 he was appointed 



676 POLITICAL, INDUSTRIAL, AND INSTITUTIONAL. 

after a severe and prolonged contest between the 
friends of J. H. Mitchell and the democracy, uniting 
with the independents, was Joseph N. Dolph, 78 
Mitchell s former partner and friend. 

The time has not yet come, though it is close at 
hand, when Oregon-born men shall fill the offices of 
state, and represent their country in the halls of the 
national legislature. Then the product of the civili 
zation founded by their sires in the remotest section 
of the national territory will become apparent. Sec 
tionalism, which troubled their fathers, will have dis 
appeared with hostility to British influences. Homo 
geneity and harmony will have replaced the feuds 
of the formative period of the state s existence. A 
higher degree of education will have led to a purer 
conception of public duty. Home-bred men will repel 
adventurers from other states, who have at heart no 
interests but their individual benefits. 

When that period of progress shall have been 
reached, if Oregon shall be found able to withstand 
the temptations of too great wealth in her morals, arid 
the oppressiveness of large foreign monopolies in her 
business, she will be able fully to realize the most 
sanguine expectations of those men of destiny, the 
Oregon Pioneers. 

inspector of U. S. surveys in Cal., afterward residing for some time in 111., 
but returning to The Dalles in 1862. The country being in a state of rapid 
development on account of the mining discoveries in the eastern part of the 
state and in Idaho, he established himself at Umatilla, where he remained in 
business for three years. In the spring of 1866 he built the steamer Mary 
Moody on Pend d Oreille Lake, and afterward aided in organizing the Oregon 
and Montana Transportation Company, which built two other steamboats, 
and improved the portages. In 1867 he was merchandising in Bois6 City, re 
turning to The Dalles in 1869, where he took charge of the business of Wells, 
Fargo & Co. At a later period he was a mail contractor, and ever a busy and 
earnest man. He was elected in 1872 to the state senate, and in 1880 to the 
lower house, being chosen speaker. In 1882 he was nominated for governor, 
and elected over Joseph H. Smith by a majority of 1,452 votes. Representa- 
five Men of Or., 1-111. 

78 Dolph was born in 1835, in N". Y., and educated at Genessee college, 
after which he studied law. He came to Oregon in 1862, where his talents 
soon made him prominent in his profession, and secured him a lucrative prac 
tice. He married, in 1864, a daughter of Johnson Mulkey, a pioneer of 1847, 
by whom he had 6 children. At the time of his election he was attorney for 
and vice-president of the Northern Pacific railroad. 



CHURCHES AND CHURCH SCHOOLS 

THE early history of the Methodist Church is the history of the first 
American colonization, and has been fully given in a former volume; but a 
sketch of the Oregon methodist episcopal church proper must begin at a later 
date. From 1844 to 1853 the principal business transactions of the church 
were at the yearly meetings, without any particular authority from any con 
ference. 

On the 5th of September, 1849, the Oregon and California Mission Confer 
ence was organized in the chapel of the Oregon Institute, Salem, by author 
ity of the general conference of 1848, by instructions from Bishop Waugh, 
and under the superintendence of William Roberts. The superintendents of 
the Oregon Mission were, first, Jason Lee, 1834-1844; George Gary, 1844- 
1847; William Roberts, 1847-1849, when the Mission Conference succeeded 
the Oregon Mission, under Roberts. The mission conference included New 
Mexico, and possessed all the rights and privilegesof othersimilar bodies, except 
those of sending delegates to the general conference and drawing annual divi 
dends from the avails of the book-concerns and chartered funds. Four sessions 
were held, the first three in Salem, and the fourth at Portland. Under the 
mission conference the following ministers were appointed to preach in Ore 
gon: in 1849-50, W. Roberts, David Leslie, A. F. Waller. J. H. Wilbur, J. 
L. Parrish, William Helm, J. 0. Raynor, J. McKinney, C. 0. Hosford, and 
J. E. Parrott; in 1850-1, I. McElroy, F. S. Hoyt, and N. Doane were added; 
in 1851-2, L. T. Woodward, J. S. Smith, J. Flinn, and J. W. Miller; in 1852 
-3, Isaac Dillon, C. S. Kingsley, P. G. Buchanan, and T. H. Pearue never 
more than fourteen being in the field at the same time. 

In March 1853 Bishop E. R. Ames arrived in Oregon, and on the 17th the 
Oregon Annual Conference was organized, including all of Oregon and Wash 
ington, which held its first session at Salem, and gave appointments to twenty- 
two ministers, including all of the above-named except Leslie, Parrish, Helm, 
McElroy, McKinney, and Parrott, and adding G. Hines, H. K. Hines, T. F. 
Royal, G. M. Berry, E. Garrison, B. Close, and W. B. Morse. Since 1853 
there have been from thirty-three to seventy-four preachers annually furnished 
appointments by the conference. In 1873 the conference was divided, and 
Washington and eastern Oregon set off, several of the pioneer ministers being 
transferred to the new conference. According to a sketch of church history 
by Roberts, there were, in 1876, 3,249 church members, and 683 on probation; 
74 local preachers; 60 churches, valued at $167,750; parsonages valued at 
$29,850; Sunday-schools, 78; pupils, 4,469; teachers, 627; books in Sunday- 
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 by 
Waller, and completed in 1844 by Hines. Abernethy added a bell in 1851, 
weighing over 500 pounds, the largest then in the territory. He also pur 
chased two smaller ones for the churches in Salem and Portland, and one 
for the Clackamas academy at Oregon City. Or. Statesman, July 4, 1851. 
These were not the first bells in Oregon, the catholics having one at Cham- 
poeg, if not others. Religious services were held in Salem as early as 1841, at 
the Oregon Institute chapel, which served until the erection of a church, which 
was dedicated. January 23, 1853, and was at this time the best protestant 

(677) 



678 CHURCHES AND CHURCH SCHOOLS. 

house in Oregon. Home Missionary, xxvi. 115-6. About 1871 a brick edifice, 
costing 35,000, was completed to take the place of this one. A methodist 
church was also erected at South Salem. 

The methodist church of Portland was organized in 1848, a church build 
ing was begun by Wilbur in 1850, and the first methodist episcopal church of 
Portland incorporated January 26, 1853. The original edifice was a plain but 
roomy frame building, with its gable fronting on Taylor Street, near Third. A 
reincorporation took place in 1867, and in 1869 a brick church, costing $35,000, 
was completed on the corner of Third and Taylor streets, fronting on Third. 
A second edifice was erected on Hall Street. During the year 1884, a new 
society, an offshoot from the Taylor-Street church, was organized under 
the name of the Grace Methodist Episcopal Church, taking with it $40,000 
worth of the property of the former. The methodist church at The Dalles 
was built in 1862 by J. F. Devore, at a time when mining enterprises were 
beginning to develop the eastern portion of the state. 

The methodists have been foremost in propagating their principles by 
means of schools, as the history of the Willamette Univei sity illustrates. In 
new communities these means seem to be necessary to give coherence to 
effort, and have proved beneficial. Willamette University, which absorbed 
the Oregon Institute, was incorporated January 12, 1853. It opened with two 
departments, a preparatory, or academic, and a collegiate course, and but few 
pupils took more than the academic course for many years. It had later six 
departments, thirteen professors and tutors, and four academies which fed 
the university. The departments were college of liberal arts, medical college, 
woman s college, conservatory of music, university academy, and correlated 
academies. College Journal, June 1882. The correlated academies were those 
of Wilbur, Sheridan, Santiam, and Dallas. The medical college, one of the 
six departments of the university, was by the unanimous vote of the faculty 
removed to Portland in 1877. 

The Clackamas seminary for young ladies, established at Oregon City in 
1851, was the combined effort of the methodists and congregationalists, and 
prospered for a time, but as a seminary has long been extinct; $11,000 were 
raised to found it, and John McLoughlingave a block of land. Harvey Clark 
was the first teacher, after which Mrs Thornton and Mr and Mrs H. K. 
Hines taught in it. Or. Spectator, June 6, 1851; Or, Argus, Nov. 10, 1855. 
Santiam and Umpqua academies were established about 1854. La Creole 
Academic Institute, at Dallas, was incorporated in 1856. The incorporatora 
were Frederick Waymire, William P. Lewis, John El Lyle, Horace Lyman, 
Reuben P. Boise, Thomas J. Lovelady, Nicholas Lee, James Frederick, and 
A. W. Swaney. Or. Laws, 1860, 93. The act provided that at no time should 
a majority of the trustees be of one religious denomination. The academy is 
nevertheless at present one of the branches of the Willamette University. 
Philomath college, a few miles from Corvallis, is also controlled by a board 
of trustees elected by the annual conference. This college has an endowment 
of over $16,000 and a small general fund. The buildings are chiefly of brick, 
and cost $15,000. 

The Portland academy was opened in 1852 by C. S. Kingsley and wife, who 
managed it for several years, and after them others. The property was worth, 
in 1876, $20,000, but the usefulness of the school, which had no endowment, 
had passed, and it has since suspended. Hine* 1 Or., 105-6; Olympia Columbian, 
Sept. 18, 1852; Pub. Instruc. Rept, in Or. Mess, and Doc., 1876, 146. Corvallia 
college was founded by the methodist church south, in 1865, and incorporated 
August 22, 1868, since which time it has had control of the state agricultural 
college, as stated in another place; 150 students were enrolled in 1878. The 
Ashland college and normal school, organized in 1878 from the Ashland 
academy, is also under the management of the conference. 

The Catholic Church, next in point of time, had a rude church at Cham- 
poeg on their first entrance into the Willamette valley in the winter of 1839- 
40. In February 1846 a plain wooden church was dedicated at Oregon City, 
and in November St Paul s brick church was consecrated at Champoeg. In 



CATHOLICS AND CONGREGATIONALISTS. 679 

the autumn of 1851 a church was begun in Portland, which was dedicated in 
February 1852 by Archbishop Blanchet. In 1854 this building was removed 
to Stark Street, near Third, and ten years later had wings added for library 
and other uses, being reconsecrated in 1864. In 1871 the building was again 
enlarged, and used until 1878, \vhen it was removed to make room for St 
Mary s cathedral, a fine brick structure costing $60.000, the corner-stone of 
which was laid in August of that year. Portland Daily Bee, May 16, 1878; 
Portland Oreyonian, Aug. 24, 1878; Portland Herald, Feb. 9, 1873. 

There is also in Portland the chapel of St Mary attached to the convent of 
the sisters of the most holy names of Jesus and Mary, between Mill and Mar 
ket streets. The sisters have a day and boarding school, ordinarily attended 
by 150 pupils. St Joseph s day-school for boys, near the church, had an aver 
age attendance in 1868 of 75. St Michael s college, for the higher education 
ot young men, is a later institution, and well supported. The church of 
St John the Evangelist, at the corner of Chamekata and College streets, Salem, 
was dedicated April 10, 1864. Forty or fifty families attend services here, 
and a large number of children receive instruction in the Sunday-school. 
The academy of the Sacred Heart, under the care of the sisters, a substantial 
brick structure, is a boarding and day school where eighty girls are taught the 
useful and ornamental branches. This institution was dedicated in 1863, but 
the present edifice was not occupied till 1873. There is also a catholic 
church, and the academy of Mary Immaculate at The Dalles, located on Third 
Street; St Mary s academy at Jacksonville, Notre Dame academy at Baker 
City, Mater Dolorosa mission at Grande Ronde reservation, and St Joseph s 
hall, a female orphan asylum, at Portland. 

The oldest Congregational Church in Oregon is that of Oregon City, organ 
ized in 1844 by Harvey Clark, independent missionary, who also set on foot 
educational matters, and organized a church at Forest Grove. See Atkinson s 
Cong. Church, 1-3, a centennial review of Congregationalism in Oregon. The 
American home missionary society about this time projected a mission to 
Oregon, and in 1847 sent George H. Atkinson and wife to labor in this field. 
They settled in Oregon City in June 1848, at the time the discovery of gold 
in California nearly depopulated that place. Atkinson, Eells, and Clark pro 
ceeded to form, with other congregationalists, the Oregon Association, which 
held its first meeting at Oregon City September 20th, and appointed, together 
with the presbyterian ministers, trustees for the Tualatin academy. Home 
Missionary, xxii. 43, 63. In November 184 ( J arrived Horace Lyman and wife, 
also sent out by the home missionary society in 1847, but who had lingered 
and taught for one year in San Jose", California. Lyman settled at Portland, 
where he began to build up a church. There were at Oregon City in 1840 
but eight members, but they undertook to build a plain meeting-house, 24 by 
40 feet, ceiled, and without belfry or steeple, the cost of which was $3,550. 

Atkinson preached at Portland first in June 1849, in a log-house used as a 
shingle-factory. The congregation was attentive, and the citizens subscribed 
2,000 to erect a school-house, which was to be at the service of all denomi 
nations for religious services. It was arranged that the congregational min 
isters should preach there once in two weeks. At the second meeting, in 
July, Captain Wood of the U. S. steamer Massachusetts was present, to the 
delight of the minister as well as the people. When Lyman arrived he began 
teaching and preaching in the school-house. Portland Oregonian, May 24, 
1864; Lyman, in Pac. Christian Advocate, 1865. As there was then no church 
to organize in Portland, and as his salary was only $500 the rent of a dwell 
ing being quite all of that he was compelled to solicit aid. The town pro 
prietors offered a lot. In the forest, on the rising ground at the south end of 
Second Street, Lyman made his selection, and $5,000 were subscribed, and 
the building, 32 by 48 feet, was begun. Lyman worked with his own hands 
in clearing the ground for his house and the church, and making shingles for 
the former, falling ill from his unwonted exertions and the malaria of the 
newly exposed earth. But the citizens of Portland came kindly to his assist 
ance; he was nursed back to health; the house and church were completed, 



680 CHURCHES AND CHURCH SCHOOLS. 

chiefly by their aid, and on the 15th of June, 1851, the First Congregational 
Church of Portland was organized, with ten members, and the church edifice 
dedicated. This building had a belfry and small spire, and cost $6,400, seat 
ing some 400 persons. See Lyman, in Cong. Asso. Or. Annual Meeting, 1876, 
35, a quarter-centennial review, containing a complete history of the First 
Congregational Church of Portland; also Home Missionary, xxiv. 137-8. 

The membership of the other churches amounted to 50 at this time; 25 at 
Tualatin plains, 14 at Oregon City, three at Milwaukee, and eight at Cala- 
pooya, where a church was organized by H. H. Spalding; but congregations 
and Sunday-schools were sustained at a few other points. 

In January 1852 the Oregon Association held its third annual meeting, 
five ministers being present. It was resolved that Atkinson should visit the 
eastern states to solicit aid for the educational work of the church, particu 
larly of the Tualatin academy and Paciiic university, and also that other parts 
of Oregon should be pointed out to the home missionary society as fields for 
missionaries. The result, in addition to the money raised, was the appoint 
ment of Thomas J. Condon and Obed Dickinson missionaries to Oregon, the 
former to St Helen, and the latter to Salem, where a church of four members 
had been organized. They arrived in March 1853, by the bark Trade Wind, 
from New York. Their advent led to the organization of two more of what 
may propeiiy be styled pioneer churches. 

Soon after the arrival of Dickinson, W. H. Willson of Salem offered two 
town lots. About half the sum required for a building was raised, while the 
church held its meetings in a school-house; but this being too small for the 
congregation, a building was purchased and fitted up for church services, in 
September 1854. It was not till 1863 that the present edifice, a modest frame 
structure, was completed and dedicated. Dickinson continued in the pastor 
ate till 1867, when he resigned, and was succeeded by P. S. Knight. Condon 
went first to St Helen, where the town proprietor had erected a school-house 
and church in one, surmounted by a belfry with a good bell, and a small spire. 
This building, which is still standing, was not consecrated to the use of any 
denomination, but was free to all, and so remained. In 1854 Condon was ap 
pointed to Forest Grove. They were not able to build here till August 1859, 
when a church was erected, costing some $9,000. Or. Statesman, Aug. 30, 
1859. Near the close of 1853 Milton B. Starr, who had preached for several 
years in the western states, came to Albany, Oregon, and organized a church. 
The following spring Lyman waft sent to Dallas to preach, and Portland was 
left without a pastor. In 1859 Condon organized a church at The Dalles, 
building in 1862. He remained at The Dalles for many years, leaving there 
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 1863, where he continued-some ten years, when, his health failing, 
he went north to establish congregations. During his pastorate a new church 
edifice was erected on the ground selected in 1850; and more recently Ply 
mouth church on Fourteenth and E streets. The organized congregational 
churches reported down to 1878 were nine: Albany, Astoria, Dalles, Forest 
Grove, Hillsboro, Oregon City, Portland, East Portland, and Salem. Cong. 
Abgo. Minutes, 1878, 51. Plymouth church was a later organization. 

Pacific university, founded by congregationalists, was non-sectarian. It 
had $50,000 in grounds and buildings, $4,000 in cabinet and apparatus, $83,000 
in productive funds, and a library containing 5,000 volumes. 

The first minister of the Presbyterian denomination in Oregon was Lewis 
Thompson, a native of Kentucky, ar.d an alumnus of Princeton theological 
seminary, who came to the Pacific coast in 1846 and settled on the Clatsop 
plains. Wood s Pioneer Work, 27. There is a centennial history of the pres 
bytery of Oregon, by Edward R. Geary, in Portland Pac. Christian Ad vocitte, 
July 27, 1876. On the 19th of September, 1846, Thompson preached a sermon 
at the house of W. H. Gray, albeit there were none to hear him except a 
ruling elder from Missouri, Alva Condit, his wife Ruth Condit, and Gray and 



PRESBYTERIAN INSTITUTIONS. 681 

his wife. Truman P. Powers of Astoria was the first ordained elder of the 
presbyterian church 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 1853 there were five presbyterian ministers in Oregon, the three above- 
mentioned, J. L. Yantis, and J. A. Hanna. The latter had settled at Marys- 
ville (now Corvallis) in 1852 and organized a church, while Yantis had but 
recently arrived. A meeting of the presbytery being called at Portland in 
October, Hanna and Yantis became members, and it was determined to or 
ganize a church in that place, of which Yantis was to have charge, together 
with one he had already formed at Calapooya. This was accordingly done; 
and through the stormy winter the resolute preacher held service twice a 
month in Portland, riding eighty miles through mud and rain to keep his ap 
pointments, until an attack of ophthalmia rendered it impracticable, and George 
F. Whitworth, recently arrived with the design of settling on Puget Sound, 
was placed temporarily in charge of the church in Portland. On his removal 
to Washington the society became disorganized, and finally extinct. 

Meantime Thompson had built a small church at Clatsop, and was pursuing 
his not very smooth way in that foggy, sandy region, where he labored faith 
fully for twenty-two years before he finally removed to California. ILobe or 
ganized a church at Eugene City in 1855, remaining there in the ministry till 
1863, during which time a building was erected. Geary, who had undertaken 
a boarding-school, became involved in pecuniary embarrassment, and was com 
pelled to take a clerkship under Palmer in the Indian department; but being 
discharged for seeming to covet the office of his employer, he took charge of 
the Calapooya church, and organized that of Brownsville, where he fixed his 
residence, and where a church building was erected by the members. A char 
ter was procured from the legislature of 1857-8 for the Corvallis college, 
which would have been under the patronage of the presbyterians had it 
reached a point where such patronage could be claimed. There is nothing to 
show that it was ever organized. 

An effort was made about the beginning of 1860 to revive the presbyterian 
church in Portland. McGill of the Princeton seminary, being appealed to, 
procured the cooperation of the Board of Domestic Missions, and P. S. Caffrey 
was commissioned to the work. He preached his first sermon in the court 
house June 15, 1860. On the 3d of August the first presbyterian church of 
Portland was reorganized by Lewis Thompson of Clatsop, with seventeen mem 
bers, and regular services held in a room on the corner of Third and Madison 
streets. Caffrey s ministrations were successful; and in 1863 the corner-stone 
of a church edifice was laid on Third and Washington streets, which was 
finished the following year, at a cost of $20,000. Geary s Or, Presbyter//, 2; 
Portland Herald, Jan. 26, 1873; Deady* 8 Scrap- Book, 43, 85. When in 1869 
Caffrey resigned his charge to Lindsley, there was a membership of 103, and 
the finances of the church were in good condition. In 1882 the church 
divided, arid a new edifice was erected, costing $25,000, at the north-east cor 
ner of Clay and Ninth streets, called Calvary Presbyterian Church, with E. 
Trumrell Lee first pastor. The church edifice at Corvallis was begun in 1860 
and completed in 1864, at a cost of $6,000, Hanna contributing freely of his 
own means. Richard Wylie, assigned by the board of missions to this place 
in tke latter year, was the first pastor regularly installed in this church. 
Richard Wylie was one of three sons of James Wylie, who graduated together 
at Princeton. In 1865 the father and James and John, Richard s brothers, 
came to the Pacific coast, James accepting a pastorate in San Jose, California, 
and John being assigned to the church in Eugene City. James Wylie, sen., 
was examined for the ministry by the Oregon presbytery, licensed to preach, 
and finally ordained for the full ministry. Geary s Or. Presbytery, 2. 

In 1866 the presbytery consisted of the ministers above named, with the 
addition of W- J. Monteith, Anthony Simpson, and J. S. Reasouer, the former 



682 CHURCHES AND CHURCH SCHOOLS. 

assigned to Albany, and Simpson to Olympia, which by the lapse of the Puget 
Sound presbytery, erected in 1858, came again under the care of Oregon. A 
church was organized at Albany by Monteith, and a private classical school 
opened, which grew into the Albany collegiate institute under the care of the 
presbytery, a tract of live acres being donated by Thomas Monteith, one of 
the town owners, and brother of W. J. Monteith. The citizens erected a 
substantial building, and in spite of some drawbacks, the institution grew in 
reputation and means. Reasoner was not called upon to labor for the church, 
being advanced in years and a farmer. In 1868 H. H. Spalding, whom the 
congregational association had advised to accept an Indian agency, became a 
member of the presbytery, but he was not given charge of a church, being 
broken in mind and body by the tragedy of Waiilatpu. His death occurred 
at Lapwai, where he was again acting as missionary to the Nez Perces, 
August 3, 1874, at the age of 73 years. The first presbyterian church of 
Salem was organized May 20, 1869, with sixteen members. Their church edi 
fice was erected in 1871, at a cost of $6,000. Within the last ten years churches 
have been organized and houses of worship erected in Roseburg, Jacksonville, 
and Marshfield in southern Oregon. 

All that has been said above of presbyterians relates to the old-school 
division of that church. There were in Oregon, however, others, under the 
names of Cumberland presbyterians, associate presbyterians, and associate 
reformed. In 1851 James P. Millar, of Albany, N. Y. , arrived in Oregon as 
a missionary of one of these latter societies; but finding here 200 members 
and half a dozen ministers of the two societies, he entered into a scheme to unite 
them in one, to be known as the United Presbyterian church of Oregon, con 
stituting one presbytery, and being independent of any allegiance to any 
ecclesiastical control out of Oregon. The men who formed this church were 
James P. Millar, Thomas S. Kendall, Samuel G. Irvine, Wilson Blain, James 
Worth, J. M. Dick, and Stephen D. Gager. Or. Statesman, Dec. 18, 1852. In 
1858 they founded the Albany academy, with Thomas Kendall, Delazon Smith, 
Dennis Beach, Edward Geary, Walter Monteith, J. P. Tate, John Smith, 
James H. Foster, and R. H. Crawford trustees. This school was superseded 
by the Albany institute in 1867. Or. Law*, Special, 1857-8, 9-10; Mess, and 
JJocs, Pub. Instruction, 1878, 81-2. A college, known as the Sublimity, was 
created by legislative act in January 1858, to be controlled by the United 
Brethren in Christ; but whether this was a school of the united presbyterians 
I am unable to determine. 

The pioneer of the Cumberland presbyterians was J. A. Cornwall of 
Arkansas, who came to Oregon in 1846 by the southern route, as the reader 
may remember. Cornwall was the only ordained minister until 1851, when 
two others, Neill Johnson of Illinois, and Joseph Robertson of Tennessee, 
arrived. By order of the Missouri synod, these ministers met in 1847, at the 
house of Samuel Allen in Marion county, and formed the Oregon presbytery 
of the Cumberland presbyterian church, W. A. Sweeney, another minister, 
being present. Five ruling elders, who had partially organized congregations, 
were admitted to seats in the presbytery, as follows: John Purvine from 
Abiqua, Joseph Carmack from La Creole, Jesse C. Henderson from Yamhill, 
David Allen from Tualatin, and D. M. Keen from Santiam. There were at 
this time four licentiates in the territory; namely, B. F. Music, John Dillard, 
William Jolly, and Luther White. The whole number of members in com 
munion was 103. 

There was no missionary society to aid them, the ministers being sup 
ported by voluntary offerings. But in the spring of 1853 an effort was made 
to raise funds to found a college under their patronage, and in the following year 
a building was erected at Eugene City, costing 4,000, with an endowment 
fund amounting to $20,000. The school was opened in November 1856, under 
the presidency of E. P. Henderson, a graduate of Waynesville college, Penn 
sylvania, with fifty-two students. Four days after this auspicious inaugura 
tion the college building was destroyed by an incendiary fire. Not to be 
defeated, however, another house was procured and the school continued, 



THE BAPTISTS. 683 

while a second building was erected at a cost of $3,000, the second session 
doubling the number of students. The attendance increased to 150 in 1857, 
but again, on the night of the 26th of February, 1858, the college waa 
burned. A stone building was then begun, and the walls soon raised. Be 
fore it was completed a division took place on the issue of bible-reading and 
prayer in the school, and those opposed to these observances withdrew their 
aid, and the unfinished building was sold by the sheriff to satisfy the me 
chanics. I find among the Oregon Special Lawnoi 1857-8 an act incorporat 
ing the Union University Association, section 4 of which provides that the 
utmost care shall be taken to avoid every species of preference for any sect 
or party, either religious or political. This was probably the form of protest 
against sectarian teaching which destroyed the prospects of the Cumberland 
school. Henderson, after a couple of sessions in a rented house, seeing no 
hope for the future, closed his connection with the school, which was sus 
pended soon after, and never revived. 

About 1875 W. R. Bishop of Brownsville completed a commodious school 
building as an individual enterprise, and established a school under the name 
of Principia Academy, with a chapel attached. In 18G1 the Oregon Cumber 
land presbytery was divided, by order of the Sacramento synod to which it 
belonged, and all of Oregon south of Calapooya Creek on the east side of the 
Willamette River, and all south of La Creole River on the west side of the 
Willamette, was detached and made to form the Willamette presbytery, while 
all north of that retained its former name. In 1874 the Oregon presbytery 
was again divided, that part east of the Cascade Mountains and all of Wash 
ington being set off and called the Cascade presbytery, with four ordained 
ministers, the Oregon presbytery having begun its operations in the Walla 
Walla Valley in 1871, when A. W. Sweeney organized a church at Waitsburg 
with eighteen members, since which time several others have been formed, 
and churches erected. By order of the general assembly of the Cumberland 
in May 1375, the Oregon synod was constituted, composed of these three 
presbyteries, which have in communion 700 members, and own thirteen houses 
of worship, worth $19,000. See centennial sketch by Neill Johnson, in Port 
land Pac. Christian Advocate, May 4, 1876. 

Among the early immigrants to Oregon were many Baptists, this denomi 
nation being numerous in the western and south-western states. As early as 
1848 a society was organized and a church building erected at Oregon City. 
Other churches soon followed, Portland having an organized society in 1855, 
although not in a flourishing state financially. It was not until June I860 
that a missionary, Samuel Cornelius of Indianapolis, arrived, appointed by 
the American Baptist Home Mission, to labor in Portland. His introductory 
sermon was preached in the methodist church on the first Sunday in July, 
but a public hall was soon secured, and the organization of the Frst Baptist 
Church of Portland took place on the 12th of August, with twelve members; 
namely, Samuel Cornelius and wife, Josiah Failing and wife, Douglas W. Wil 
liams, Elizabeth Failing, Joshua Shaw and wife, R. Weston and wife, and 
George Shriver and wife. First Bapti ;t Church Manual, 1. This small body 
made a call on Cornelius to become their pastor, which was accepted, and on 
him and the two deacons, Williams and Failing, devolved the task of building 
a house of worship. A half-block of land on the corner of Fourth and Alder 
streets had been donated for the site of a baptist church by Stephen Coffin sev 
eral years before, and on this was begun a building, which was so far completed 
by January 5, 1862, that its basement \vas occupied for religious services. In 
September 1864 Cornelius returned to the east, leaving a membership of 49 per 
sons, and the church was without a pastor for two years, during which the 
deacons sustained as best they could the burden of the society to prevent it 
from falling to pieces. Then came E. C. Anderson of Kalamazoo, Michigan, 
sent by the Home Mission Society to act as pastor, in December 1866. The 
church was incorporated in March 1867. Anderson continued in the pastorate 
five years, and increased the membership to seventy, the church edifice cost 
ing $12,500, being dedicated in January 1870. The incorporators were Josiah 



684 CHURCHES AND CHURCH SCHOOLS. 

Failing, Joseph N. Dolph, W. S. Caldwell, John S. White, George C. Chandler, 
and W. Lair Hill. Again no one was found to supply the place of pastor for 
a year and a half, when A. R. Medbury of San Francisco accepted a call, 
and remained with this church three years, during which forty new members 
were added, and a parsonage was presented to the society by Henry Failing, 
since which time the church has been fairly prosperous. In 1861 the number 
of baptists in Oregon was 484, of churches 13, and ordained ministers 10. 

The first baptist school attempted was Corvallis Institute, which seems not 
to have had any history beyond the act of incorporation in 1856-7. An act 
was also passed the following year establishing a baptist school under the 
name of West Union Institute, in Washington county, with David T. Lennox, 
Ed H. Lennox, Henry Sewell, William Mauzey, John S. White, and 
George C. Chandler as trustees. At the same session a charter was granted 
to the baptist college at McMinnville, a school already founded by the Disci 
ple or Christian church, and turned over to the baptists with the belongings, 
six acres of ground and a school building, as a free gift, upon condition that 
they should keep up a collegiate school. The origin of McMinnville and its 
college was as follows: In 1852-3, W. T. Newby cut a ditch from Baker 
Creek, a branch of the Yamhill River, to Cozine Creek, upon his land, where 
he erected a grist-mill. In 1854 S. C. Adams, who lived on his donation 
claim 4 miles north, took a grist to mill, and in the course of conversation 
with Newby remarked upon the favorable location for a town which his land 
presented, upon which Newby replied that if he, Adarrn, would start a town, 
he should have half a block of lots, and select his own location, from which 
point the survey should commence. In the spring of 1855 Adams deposited 
the lumber for his house on the spot selected, about 200 yards from the mill, 
and proceeded to erect his house, where, as soon as it was completed, he went 
to reside. Immediately after he began to agitate the subject of a high school 
as a nucleus for a settlement, and as he and most of the leading men in Yam- 
hill were of the Christian church, it naturally became a Christian school. 
James McBride, William Dawson, W. T. Newby, and Adams worked up the 
matter, bearing the larger part of the expense. Newby gave six acres of land. 
The building erected for the school was large and commodious for those times. 
Adams, who was a teacher by profession, was urged to take charge of the 
school, and taught it for a year and a half. Among his pupils were John R. 
McBride, L. L. Rowland, J. C. Shelton, George L. Woods, and Wm D. Baker. 
But there had not been any organization, or any charter asked for, and Adams, 
who found it hard and unprofitable work to keep up the school alone, wished 
to resign, and proposed to the men interested to place it in the hands of the 
baptists, who were about founding the West Union Institute. To this they 
made no objection, as they only wished to have a school, and were not secta 
rian in feeling. Accordingly, Adams proposed the gift to the baptists, and 
it was accepted, only one condition being imposed, and agreed to in writing, 
to employ at least one professor in the college department continuously. It 
was incorporated in January 1858 as the baptist college at McMinnville, by 
Henry Warren, James M. Fulkerson, Ephriam Ford, Reuben C. Hill, J. S. 
Holman, Alexius N. Miller, Richard Miller, and Willis Gaines, trustees. 
The Washington county school was allowed to drop, and the McMinnville 
college was taken in charge by G. C. Chandler in the collegiate department, 
and Mrs N. Morse in the preparatory school. The incorporated institution 
received the gift of twenty acres of land for a college campus from Samuel 
and Mahala Cozine and Mrs P. W. Chandler. It owned in 1882 three thou 
sand dollars in outside lands, a building fund of twenty-one thousand dollars, 
and an endowment fund of over seventeen thousand, besides the apparatus and 
library. From addresses by J. N. Dolph and W. C. Johnson in McMinville 
College and (- dialogue, 1882. A new and handsome edifice has been erected, 
whose corner-stone was laid in 1882. The Beacon, a monthly denominational 
journal, was published at Salem as the organ of the baptists. 

Several attempts were made to have colleges free from sectarian influence, 
which rarely succeeded. The Jefferson institute, incorporated in January 



EPISCOPALIANS. 685 

1857, and located at Jefferson, is an exception. This school is independent, 
and has been running since its founding in 1856-7. Any person may become 
a. member by paying $50 into the endowment fund, which amounts to about 
$4,000. 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. Williams, J. H. Harrison. Jacob Conser, E. E. 
Parrish, W. F. West. T. Small, H. A. Johnson, C. A. Reed, N. R. Doty, J. 
B. Terhune, J. S. Miller, James Johnson, L. Pettyjohn, Manuel Gonzalez, 
and Andrew Cox. Mrs Conser gave a tract of land in eight town lots. The 
building cost $3,000. C. H. Mattoon was the first teacher, in 1857. Portland 
Pac. Advocate, Feb. 24 and March 2, 1876; Kept ofSupt Pub. Instruc., 1878, 
91-2. The number of pupils in 1884 was about one hundred. The curricu 
lum does not embrace a college course, but only the preparatory studies. 
The Butteville Institute, established by legislative act in January 1859, was 
an independent school, which, if ever successful, is now out of existence. 

The pioneer of the Protestant Episcopal Church in Oregon was St M. Fack- 
ler, who crossed the plains with the immigration of 1847 in search of health, 
of whom I have spoken in another place. He found a few members of this 
church in Oregon City, and held occasional services in 1848 at the house of 
A. McKinlay, but without attempting to organize a church. The first mis 
sionary of the episcopal church in the east was William Richmond of the 
diocese of New York, appointed by the Board of Domestic Missions in April 
1851 to labor in Oregon, and who organized congregations at Portland, Oregon 
City, Milwaukee, Salem, Lafayette, and other places before the close of that 
year, adding Champoeg, Chehalem, and Tualatin plains the following year. 
In the fall of 1852 he was joined by James A. Woodward of the diocese of 
Pennsylvania, who like Fackler had made the overland journey to better his 
physical condition, and had succeeded, which Fackler did not. After the ar 
rival of Woodward, services were held in the congregational church at 
Oregon City until a room was fitted up for the purpose. 

In January 1853 John McCartyof New York diocese arrived as army chap 
lain at Vancouver. At this time there were about twenty members in Port 
land who formed Trinity Church organization. At the meeting of the general 
convention held in New York in October 1853, Thomas Fielding Scott of 
the diocese of Georgia was elected missionary bishop of Oregon and Wash 
ington, but before his arrival Richmond and Woodward had returned to the 
east, leaving only Fackler and McCarty as aids to the bishop. Two church 
edifices had already been erected, the first, St John s at Milwaukee, the second, 
Trinity at Portland. The latter was consecrated September 24th, about three 
months after the arrival of Scott. In 1855 the cnnrch at Milwaukee and 
another at Salem were consecrated, but without any increase of the clerical 
force until late in this year, when Johnston McCormack, a deacon, arrived, 
who \vas stationed temporarily at Portland. In 1856 arrived John Sellwood 
and his brother, James R. W. Sellwood; but having been wounded in the 
Pr.namd 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 Bernard Cornelius, who had recently taught in Olympia, and 
was a graduate of Dublin university. Seventy acres of land, and a large 
dwelling-house, pleasantly situated, were purchased for this purpose. James 
I. Daly was ordained deacon in May, giving a slight increase to the few work 
ers in the field. St Mary s church at Eugene City was consecrated in January 
1859 by Bishop Scott; and there arrived, also, this year five clergymen, Carl- 
ton P. Maples, T. A. Hyland, D. E. Willes, W. T. B. Jackson and P. E. 
Hyland. Two of them returned east, and one, P. E. Hyland, 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 
Canada afterward. St Paul s chapel at Oregon City was dedicated in the 
spring of 1861; and in the autumn Scott opened a girls school at Milwaukee, 



686 CHURCHES AND CHURCH SCHOOLS. 

which was successful from the first. The Oregon Churchman, a small monthly 
publication in the interests of the church, was first issued this year. 

The episcopal church was making steady advances when in 1867 Bishop 
Scott died, universally lamented. Over 200 persons had been confirmed, not 
all of whom remained steadfast during an interval of two years when the 
diocese was without a head. A fresh impetus was imparted to the life of the 
church when a new missionary bisliop, B. Wistar Morris, arrived in Oregon, 
in June 186D. A block of land was purchased in Portland, on Fourth Street, 
between Madison and Jefferson, and St Helen Hall built. By the 6th of 
September i c had fifty pupils. In the following year it was enlarged, and be 
gan its second year with 125 pupils. The Scott grammar and divinity school 
for boys was erected in 1870, on a tract of land in the western part of Couch s 
addition, commanding a fine view of Portland and the Willamette River. Both 
of these institutions \vere successful, the grammar school having to be enlarged 
in 1872. The building was burned in November 1877, but rebuilt larger than 
before, at a cost of 25,000. In the same year the congregation of trinity 
church erected a new edifice on the block occupied by the former one between 
Oak and Pine, but facing on Sixth Street, and costing over $30,000, the bishop 
being assisted by several clergymen. A church had been organized in Walla 
Walia by Wells, who extended his labors to several of the towns of eastern 
Oregon in 1873. In 1874 the bishop laid the corner-stones of five churches, 
and purchased four acres of land in the north-western quarter of Portland, on 
which was erected a hospital and orphanage, under the name of Good Samar 
itan, the energy of Morris and the liberality of the people of Portland 
placing the episcopal society in the foremost rank in point of educational and 
charitable institutions. When Scott entered upon his diocese, it included all 
of the original territory of Oregon, but occupied later only Oregon and Wash 
ington. In the latter, in 187G, there "were seven churches, one boarding-school 
for girls at Walla Walla one parish school, one rectory, and 157 communi 
cants. Episcopal Church in Or. , a history prepared for the centennial commis 
sioners, 1876, Vancouver, 1876; Seattle Intelligence, Aug. 24, 1879. 

Among the other religious denominations of Oregon were the Campbellites. 
Like the other churches, they knew the value of sectarian schools, and accord 
ing to one of their elders, would have had one in every county had it been 
practicable. As I have before said, they founded the school at McMinnville, 
which became a baptist college, James McBride, William Dawson, and S. C. 
Adams erecting the first college building. Adams taught the school just 
previous to its transfer. A little later than the McMinnville school was 
the founding of the Bethel Academy in 1856. The promoters of this enter 
prise were Elder G. O. Burnett, Amos Harvey, Nathaniel Hudson, and others. 
In 1855 it was chartered by the legislature as the Bethel Institute. In Octo 
ber they advertised that they were ready to receive pupils, and also that stu 
dents will be free to attend upon such religious services on each Lord s day 
as they may choose. The institute opened in November with fifty or sixty 
pupils in attendance, and we learn that Judge Williams addressed the peo 
ple at a meeting of the trustees in February following. L. L. Rowland and 
N. Hudson were teaching in 1859, and in 1860 the act of incorporation was 
amended to read Bethel College. Or. Law*, 1860, 102-3. At this time the 
Bethel school was prosperous. It had a well-selected library, and choice appa 
ratus in the scientific departments. 

But Bethel had a rival in the same county. In 1855 measures were taken 
to found another institution of learning, the trustees chosen being Ira F. But 
ler, J. E. Murphy, R. P. Boise, J. B. Smith, S. Simmons, William Mason, 
T. H. Hutchison, H. Burford, T. H. Lucas, p. R. Lewis, and S. S. Whitman. 
This board organized with Butler for president, Hutchison secretary, and 
Lucas treasurer. A charter was granted them the same year, incorporating 
Monmouth University; 460 acres of land were donated, Whitman giving 
200, T. H. Lucas 80, A. W. Lucas 20, and J. B. Smith and Elijah Davidson 
each 80. This land was laid out in a town site called Monmouth, and the 
lots sold to persons desiring to reside near the university. In the abundant 



UNITARIANS AND LUTHERANS. 687 

charity of their hearts, and perhaps with a motive to popularize their insti 
tution, the trustees passed a resolution to establish a school for orphans in 
connection with the university; but this scheme being found to be impracti 
cable, it was abandoned, and the money subscribed to the orphan school re 
funded. 

Notwithstanding its ambitious title, the Monmouth school only served to 
divide the patronage which would have been a support for one only, and after 
ten years of unproiitable effort, it was resolved in convention by the Christian 
church to unite Bethel and Monmouth, under the name of Monmouth Chris 
tian College, which was done. The first session of this college is reckoned 
from October I860 to June 1867. The necessity for an endowment led, in 
1808, 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 18G9 a more complete organization took place, 
and T. F. Campbell, a native of Mississippi and graduate of Bethany college, 
Was placed at the head of the college as principal, being selected president 
the following year, a situation which he held for thirteen years with profit to 
the management. A substantial brick building was erected, a newspaper, 
the Monmouth Christian Messenger, published, and the catalogue showed 2jO 
students. In 1882 Campbell resigned and returned to the east, leaving the 
college on as good a basis as any in 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- 
live thousand. The census of 1870 gives the number of Christian churches at 
twenty-six, and church edifices at sixteen. At a Christian cooperation con 
vention held at Dallas in 1877, thirty-one societies were represented. Later 
a church was organized in Portland, and a building erected for religious ser 
vices. 

Baker City Academy, an incorporated institution, was opened in 1868, 
with F. H. Qrubbe principal, assisted by his wife, Jason Lee s daughter. 
Grubbe 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 William Harrison. As the pioneer academy of east 
ern Oregon, it did a good work. The corner-stone of the Blue Mountain 
University at La Grande \vas laid in 1874. In 1878 it was in successful op 
eration, with colleges of medicine, law, and theology promised at an early 
day. In addition to the preparatory and classical departments, there were 
two scientific courses of four years. The school was non-sectarian. G. E. 
Ackerman was first president. A good school was also established at Union, 
and the Independent Academy at The Dalles. The latter institution acquired 
possession of the stone building partially erected for a mint in 1869-70, but 
presented to the slate when the mint was abandoned, and by the state trans 
ferred to this school. 

The First Unitarian Church of Portland, incorporated in 1865 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 Seventh streets, a plain building of wood, the lot costing 7,000, 
with free seats for 300 people. Its pastor, T. L. Eliot, drew to this modest 
temple goodly congregations; the society grew, and in 1878 was laid the cor 
ner-stone of the present church of Our Father, one of the most attractive 
edifices in the city, which was dedicated in 1879. Olympia Unitarian Advo 
cate, Aug. 1878; ^Portland Oreyoniav, July 27, 1878, June 14, 1879. There 
is a small number of universalists in the state. They had a church at Coquille 
City, organized by Zenas Cook, missionary of this denomination. They 
erected a place of worship in 1878. 

The Evangelical Lutherans organized a church at Portland in 1867, A. 
Myres, of the general synod, acting. A house of worship was erected in 1869, 
being the first lutheran church in Oregon. Through some mismanagement of 
the building committee, the church became involved in debt, and after several 



688 PUBLIC SCHOOLS AND BENEVOLENT INSTITUTIONS. 

years of struggle against adverse circumstances, the building- was sold by the 
sheriff in May 1875. Another lutheran church was organized in 1871, by A. 
E. Fridrichsen, from the Danes, Swedes, and Norwegians of Portland, and 
incorporated June 9, 1871, under the name of the Scandinavian Evangelical 
Lutheran Church of Portland. Being offered building ground in East Port 
land by James B. Stephens and wife, they built there, but services were also 
held in the basement of the first presbyterian church, where a discourse in the 
Swedish tongue was preached Sunday evenings. As there was considerable im 
migration from the Scandinavian and German countries, the lutheran church 
rapidly increased in Oregon and Washington. From centennial report by A. 
Emil Fridrichsen, in Portland Christian Advocate, May 11, 1876. 

Portland had also a German church, an African Methodist Episcopal Zion 
church, two Jewish societies, Beth Israel with a synagogue at the corner of 
Fifth and Oak, and Ahavai Sholom with a synagogue on Sixth street, between 
Oak and Pine, and a Chinese temple on Second street, between Morrison and 
Adler streets. 

The Seventh-Day Adventists had a church incorporated in September 
1878, at Milton, Umatilla county, by J. C. Burch, W. Eussell, and W. J. 
Goodwin. 

The First Society of Humanitarians of Astoria was incorporated in Janu 
ary 1878, by James Taylor, L. O. Fruit, and John A. Goss. 

The Methodist G. Church South was organized at Wiugville, Baker county, 
in 1878, Hiram Osborne, C. G. Chandler, and E. C. Perkins, trustees. 

The Emanuel Church of the Evangelical Association of North America, of 
Albany, was incorporated July 22, 1878, by E. B. Purdom, F. Martin, and L. 
G. Allen. 

There were Hebrew Congregations at Astoria and Albany. Or. Sec. State 
Kept, 1878, 112-20. 

The latest available statistics, those of 1875, gave the number of religious 
organizations in Oregon, of all denominations, at 351, with 242 churches. 320 
clergymen, 14,324 communicants, and 71,630 adherents. The assessed value 
of the church property was $654,000. During the years following there was 
a large increase in numbers and property. With respect to numbers, the 
different denominations rank as follows: Methodists, baptists, catholics, epis 
copalians, congregationalists, and other minor sects. 

PUBLIC SCHOOLS AND BENEVOLENT INSTITUTIONS. 

That section of the organic act which conferred 1,280 acres of land trpon 
every township for the support of public schools made a system of free edu 
cation obligator}^ 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 insruction. The law, in a revised form, exists still. But th 
income of the school fund arising from sales of school land was not sufficient 
for the support of the common schools, and in 1853-4 the revised law provided 
for levying a tax in every county, of two mills on the dollar, and also that the 
county treasurer should set apart all moneys collected from fines for breacli of 
any of the penal laws of the territory, in order to give immediate effect to the 
educational system. The legislature of 1854-5 made every school district a 
body corporate to assess and collect taxes for the support of the public schools 
for a certain portion of the year. 

When Oregon became a state it was even more richly endowed with lands 
for educational purposes, ami in its constitution generously set apart much of 
its dower for the same purpose. In 1876 the common-school fund amounted 
to over half a million dollars. For the school year of 1877-8 the interest on 
the school fund amounted to over $48,000. As the fund increases with the 
gradual sale of the school lands, it is expected that an amount will eventually 
be realized from the three million acres remaining which will meet the larger 
part of the expense of the public schools. In Portland, where ihe schools are 



STATE UNIVERSITY. 689 

more perfectly graded than elsewhere, the cost per year for each pupil has 
been about twenty-one dollars. The total value of public school property in 
the state in 1877-8 was nearly half a million dollars, comprising 752 school- 
houses and their furniture. The lowest average monthly salary in any county 
was thirty-five dollars, and the highest seventy-one. Biennial Rept Supt 
Pub. Instruc. Or., 1878, 26. The course of study in the common schools, 
which is divided into seven grades, preparatory to the high-school course, is 
more fully exemplified in Portland than elsewhere. The whole city is com 
prised in one district, with buildings at convenient distances and of ample 
size. The Central school was first opened in May 1858. It was built on a 
block of laud between Morrison and Yamhill and Sixth and Seventh streets, 
for which in 1856 f 1,000 was paid, and a wing of the main building erected, 
costing $3,000, the money being raised by taxation, according to the school 
law. The following year another $4,000 was raised and applied to the com 
pletion of the building; 111 pupils were present at the opening, the principal 
being L. L. Terwilliger, assisted by 0. Connelly and Mrs Hensill. In 1872-3 
the original structure was moved and added to, making a new and commodi 
ous house at a cost of over $30,000. In 1883, the block on which it stood be 
ing needed for a hotel, the building was moved to a temporary resting-place 
on the next block north. The second school building was erected in 1865, 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 1866 by R. K. Warren, principal, assisted by Misses Tower, Ste 
phens, and Kelly. In May 1879 it was nearly all destroyed by fire, but was re 
built the same year at a cost of $18,000, and reopened in February 1880. The 
third school building erected in the district was called the North School, and 
was located between Tenth and Eleventh and C and D streets, in Couch s Addi 
tion. It was built in 1867, the block and house costing over seventeen thousand 
dollars. Two wings were added in 1877, with an additional expenditure of 
over four thousand. The first principal wasG. S. Pershin, assisted by Misses 
May, Northrup, and Polk. The fourth, or Park School, was erected in 1878- 
9, on Park Street, at a cost of 42,000. The high school occupied the upper 
floor, and some grammar classes the lower. Each of these four schools had 
in 1883 a sealing capacity of some 650, while the attendance was about four 
hundred and seventy-live for each. Two fine school buildings have been added 
since 1G80, one in the north end of the city, called the Couch School, and one 
in the south end, named the Failing School, after two prominent pioneers of 
Portland. There was a high school, three stories and basement, of the most 
modern design, which cost ^150,000. 

The State University, which received an endowment from the general 
government of over 46,000 acres of land, has realized therefrom over $70,000, 
the interest on which furnishes a small part of the means required for its sup 
port, the remainder being derived from tuition fees. The institution passed 
through the same struggles that crippled private institutions. 

After expending the money appropriated by congress in political squab 
bles, it was for a long time doubtful if a university would be founded 
within the generation 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. Walton, Jr, W. J. J. Scott, B. F. Dorris, J. B. Under 
wood, J. J. Comstock, A. S. Patterson, S. H. Spencer, E. L. Bristow, E. L. 
Applegate, and A. W. Patterson, of Lane county, which was called the 
Union University Association, with a capital stock of $50,000, in shares of 
$100 each. During the discussions consequent upon the organization, a propo 
sition was made and acted upon, to endeavor to have the state university 
located at Eugene. When half the stock was subscribed and directors 
elected, the matter was brought before the legislature, of which A. W. Pat 
terson was a member. An act was passed establishing the state university 
HIBT. OB., VOL. II. 4A 



690 PUBLIC SCHOOLS AND BENEVOLENT INSTITUTIONS. 

in September 1872, upon the condition that the Union University Association 
should procure a suitable building site, and erect thereon a building which 
with the furniture and grounds should be worth not less than $50,000, the 
property to be deeded to the board of directors of the state university free of 
all incumbrances, which was done. The law provided that the boai d of state 
university directors should consist of six appointed by the governor, and three 
elected by the Union University Association. The governor appointed Matthew 
P. Deady, L. L. McArthur, K. S. Strahan, T. G. Hendricks, George Hum 
phrey, and J. M. Thompson, the three elected being B. F. Dorris, W. J. J. 
Scott, and J. J. Walton, Jr. At the first meeting of the board, in April 1873, 
Deady was elected president. 

The legislature gave substantial aid by appropriating $10,000 a year for 
1877-8. Eighteen acres of land were secured in a good situation, and a build 
ing erected of brick, 80 by 57 feet, three stories in height, with porticoes, man 
sard roof, and a good modern arrangement of the interior; cost, $80,000. 

It was necessary to provide for a preparatory department. The institution 
opened October 16, 1876, with 80 pupils in the collegiate and 75 in the pre 
paratory departments; 43 in the collegiate department were non-paying, the 
university law allowing one free scholarship to each county, and one to each 
member of the legislature. Owing to the want of money, there was not a full 
board of professors; those who were first to organize a class for graduation 
had many difficulties to contend with. The first faculty consisted only 
of J. W, Johnson, president and professor of ancient classics, Mark Bailey, 
professor of mathematics, and Thomas Condon, professor of geology and nat 
ural history. The preparatory school was in charge of Mrs Mary P. Spiller, 
assisted by Miss Mary E. Stone. From these small beginnings was yet to 
grow the future university of the state of Oregon. In 1884 there were 7 regu 
lar professors, 2 tutors, 215 students, and 19 graduates. Regents * Rept, 1878, 
State University; Or, Mess, and Docs, 1876, 148-53; Deady s Hist. Or., MS., 
55; Univer. Or. Catalogue, 1878, 18. 

State institutions for the education of deaf, dumb, and blind persons re 
mained backward. The deaf-and-dumb school at Salem was organized in 
1870, with thirty-six pupils in attendance, in the building formerly occupied 
by the academy of the Sacred Heart, which was removed into a new one. 
The legislature provided by act of 1870 that not more than $2,000 per annum 
of public money should be expended on the instruction of deaf-mutes. The 
legislature of 1874 appropriated $10,000 for their maintenance, and the legis 
lature of 1876, $12,000. The first appropriation for the blind was made in 
1872, amounting to $2,000; in 1874, $10,000 was appropriated; in 1876, 
$8,000; and in 1878 a general appropriation of $10,000 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. In 1878 the institute for the blind was 
closed, and the few under instruction returned to their homes; it was reopened 
and closed again in 1884, waiting the action of the legislature. These insti 
tutions have no fund for their support, but depend upon biennial appropri 
ations. Like all the other public schools, they were for a time under the 
management of the state board of education, but the legislature of 1880 organ 
ized the school for deaf-mutes by placing it under a board of directors. Or. 
Mess, and Docs, 1882, 32. 

A protdge" of the general government was the Indian school at Forest Grove, 
where a hundred picked pupils of Indian blood were educated at the nation s 
expense. The scheme was conceived by Captain C. M. Wilkinson of the 
3d U. S. infantry, who procured several appropriations for the founding and 
conduct of the school, of which he was made first superintendent. The ex 
periment began in 1880, and promised well, although the result can only be 
known when the pupils have entered actual life for themselves. 

Of special schools, there were a few located at Portland, The homeopathic 
medical college, H. McKinnell, president, was a society rather than a school. 

The Oregon school and college association of natural history, under the 
presidency of Thomas Condon, was more truly a branch at large of the state 



PROSE AND POETRY. 691 

university. P. S. Knight, secretary, did much in Salem to develop a 
taste for studies in natural history, by example, lecturing, and teaching; 
while Condon, whose name was synonymous with a love of geological studies 
and other branches of natural science, did no less for The Dalles, Portland, 
Forest Grove, and Eugene. These with other friends of science formed 
an association for the cultivation and spread of the natural science branches 
of education, the seat of which was Portland. 

The Oregon Medical College of Portland was formed by the union of the 
Multnomah County Medical Society and the medical department of the Wil 
lamette University. The former society was founded about the beginning of 
18G5, and the latter organized in 18G7. Eighty-three doctors of medicine 
were graduated from the university in ten years. In 1877 it was determined 
to remove this branch of the university to Portland, where superior advan 
tages might be enjoyed by the students, and in February 1873 the incorpora 
tion of the Oregon Medical College took place, the incorporators being R. 
Glisan, Philip Harvey, W. B. Cardwell, W. H. Watkius, R. G. Rex, 0. P. 
S. Plummer, Matthew P. Deady, and W. H. Saylor. 

LITERATURE. 

It cannot be said that Oregon has a literature of its own. Few states have 
ever claimed this distinction, and none can properly do so before the men 
and women born on its soil and nurtured in its institutions have begun to 
send forth to the world the ideas evolved from the culture and observation 
obtained there. That there was rather more than a usual tendency to author 
ship among the early settlers and visitors to this portion of the Pacific coast 
is true only because of the great number of unusual circumstances attending 
the immigration, the length of the journey, the variety of scenery, and the 
political situation of the country, which gave them so much to write about 
that almost without intention they appeared as authors, writers of newspaper 
letters, pamphleteers, publishers of journals, petitioners to congress, and re 
corders of current events. It is to their industry in this respect that I am 
indebted for a large portion of my material. Besides these authors, all of 
whom have been mentioned, there remain a few sources of information to 
notice. 

The Oregon Spectator has preserved some of the earliest poetry of the 
country, often without signature. Undoubtedly some of the best was written 
by transient persons, English officers and others, who, to while away the te 
dium of a frontier life, dallied with the muses, and wrote verses alternately 
to Mount Hood, to Mary, or to a Columbia River salmon. Mrs M. J. Bailey, 
George L. Curry, J. H. P. , and many noms de plume appear in the Spectator. 
Mount Hood was apostrophized frequently, and there appear verses addressed 
to the different immigrations of 1843, 1845, and 1846, all laudatory of Oregon, 
and encouraging to the new-comers. Lieutenant Drake of the Modeste wrote 
frequent effusions for the Spectator, most often addressed To Mary; and 
Henry N. Peers, another English officer, wrote The Adventures of a Colum 
bia River Salmon, a production worth preserving on account of its descrip 
tive as well as literary merit. It is found in Or. Spectator, Sept. 2, 1847; 
Clyman s Note-Book, MS., 9-10, refers to early Oregon poets. 

In point of time, the first work of fiction written in Oregon was The Prairie 
Flower, by S. W. Moss of Oregon City. It was sent east to be published, 
and appeared with some slight alterations as one of a series of western stories 
by Emmerson Bennett of Cincinnati. One of its foremost characters was 
modelled after George W. Ebberts of Tualatin plains, or the Black Squire, as 
he was called among mountain men. Two of the women in the story were 
meant to resemble the wife and mother-in-law of Medorum Crawford. Moss s 
Pictures Or. City, MS., 18. The second novel was Captain Gray s Company, 
by Mrs A. S. Duniway, the incidents of which showed little imagination and 
a too literal observation of camp life in crossing the plains. Mrs Duniway 
did better work later, although her abilities lie rather with solid prose than 



692 LITERATURE. 

fiction. Charles Applegate wrote and published some tales of western life, 
\vhich he carefully concealed from those who might recognize them. The 
list of this class of authors is short. I do not know where to turn for another 
among the founders of Oregon literature. Every college and academy had 
its literary society, and often they published some small monthly or bi-monthly 
journal, the contributions to which may be classed with school exercises 
rather than with deliberate authorship. 

Mrs Belle W. Cooke of Salem wrote some graceful poems, and pub 
lished a small volume under the title of Tears and Victory. Mrs Cooke 
was mother of one of Oregon s native artists, Clyde Cooke, who studied in 
Europe, and inherited his talent from her. Samuel A. Clarke of Salem, au 
thor of Sounds by the Western Sea, and other poems, wrote out many local 
legends in verse, with a good deal of poetical feeling. See legend of the Cas 
cades, in Harper s Magazine, xlviii., Feb. 1874, 313-19. H. C. Miller, 
better known as Joaquin Miller, became the most widely famous of all 
Oregon writers, and has said some good things in verse of the mountains and 
woods of his state. It is a pity lie had not evolved from his inner conscious 
ness some loftier human ideals than his fictitious characters. Of all his pic 
tures of life, none is so fine as his tribute to the Oregon pioneers, under the 
title of Pioneers of the Pacific, which fits California as well. 

Miller married a woman who as a lyrical poet was fully his equal; but while 
he went forth free from their brief wedded life to challenge the plaudits of 
the world, she sank beneath the blight of poverty, and the weight of woman s 
inability to grapple with the human throng which surges over and treads down 
those that faint by the way; therefore Minnie Myrtle Miller, still in the 
prime of her powers, passed to the silent land. Among the poets of the Wil 
lamette Valley, Samuel L. Simpson deserves a high rank, having written 
some of the finest lyrics contributed to local literature, though his style is un 
even. A few local poems of merit have been written by Mrs F. T. Victor, 
who came to Oregon by way of San Francisco in 1865, and published sev 
eral prose books relating to the country. It seems most natural that all 
authorship should be confined to topics concerning the country, its remoteness 
from literary centres and paucity of population making it unlikely that any 
thing of a general interest would succeed. This consideration also cramps all 
intellectual efforts except such as can be applied directly to the paying pro 
fessions, such as teaching, medicine, and law, and restricts publication so that 
it does not fairly represent the culture of the people, which crops out only inci 
dentally in public addresses, newspaper articles, occasionally a pamphlet and 
at long intervals a special book. I allude here to such publications as Chilian s 
Overland Guide, Drew s Owyhee Reconnaissance, Condon s Report on State 
Geology, Small s Oregon and her Resources, Duftir s Statistics of Oregon, 
Deady s Wallamet vs. Willamette, and numerous public addresses in pamphlet 
form, to contributions to the Oregon pioneer association s archives, Victor s A 11 
Over Oregon and Washington, Murphy s State Directory, Gilisan s Journal of 
Army Life, and a large number of descriptive publications in paper covers, 
besides monographs arid morceaux of every descripton. 

The number of newspapers and periodicals published in Oregon in 1880, 
according to the tenth census, was 74, against 2 in 1850, 1C in ISb O, and 35 in 
1870. Of these, 7 were dailies, 59 weeklies, 6 monthlies, 1 semi-monthly, and 
1 quarterly. A few only of these had any particular significance. The 
Astorian, founded in 1872 by D. C. Ireland, on account of its excellence as 
a commercial and marine journal, should be excepted. The Inland Empire 
of The Dalles is also deserving of mention for its excellence in disseminating 
useful information on all topics connected with the development of the coun 
try. The West Shore, a Portland monthly publication, founded in August 
1875 by L. Samuels, grew from an eight-page journal to a magazine of from 
twenty to thirty quarto pages, chiefly local in character, and profusely illus 
trated with cuts representing the scenery and the architectural improvements 
of Oregon, Washington, Idaho, Montana, and British Columbia. The locality 
longest without a newspaper was Coos Bay, which, although settled early, 



PIONEER ASSOCIATIONS. C93 

isolated by a lack of roads from the interior, and having considerable busi 
ness, had no printing-press until October 1870, when the Monthly Guide was 
started at Empire City, a sheet of 4 pages about 6 by 4 inches in size. It 
ran until changed into the Coos 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 
Marshfield and again enlarged. 

PIONEER ASSOCIATION. 

The Oregon Pioneer Society was organized October 8 and 9, 1807, at 
Salem, in the hall of the house of representatives, W. H. Gray being prime 
mover. The officers elected were J. W. Nesmith president, Matthew P. 
Deady vice-president, I. N. Gilbert treasurer, and Medorum Crawford secre 
tary. Resolutions were offered to form committees to obtain facts concerning 
the immigration of 1843, and in reference to the civil and political condition of 
the country from its earliest settlement. 

In the mean time W. H. Gray had founded the Oregon Pioneer and His 
torical Society, with its office at Astoria, which society made less of the social 
reunions and more of the collection of historical documents, and which held 
its first meeting in 1872. I have not been able to find a schedule of its first 
proceedings. Truman P. Powers, one of Oregon s most venerable pioneers, was 
its president in 1875. He has only recently died. It strikes one, in looking 
over the proceedings of that year, that less sectarianism would be conducive to 
a better quality of history material. 

On the 18th of October, 1873, the original society reorganized as the Ore 
gon Pioneer Association, with F. X. Mathieu president, J. W. Grim vice- 
president, W. H. Rees secretary, and Eli Cooley treasurer. It held its anni 
versaries and reunions on the loth of June, this being the day on which the 
treaty of boundary between Great Britain and the United States was con 
cluded. Addresses were annually delivered by men acquainted with pioneer 
life and history. Ex-governor Curry delivered the first annual address No 
vember 11, 1873, since which time, Deady, Nesmith, Strong, Rees, Holman, 
Boise", Minto, Geer, Atkinson, Thornton, Evans, Applegate, Staats, Chadvvick, 
Grover, and others have contributed to the archives of the society valuable 
addresses. A roll of the members is kept, with place of nativity and year of 
immigration, and all are eligible as members who came to Oregon while the 
territory was under the joint occupancy of the United States and Great Brit 
ain, or who were born or settled in the territory prior to January 1, 1854. 
Biographies form a feature of the archives. The association offered to join 
with the historical society in 1874, but the latter decided that any material 
change in its organic existence would defeat the prime object of the society, 
and they remained apart. The association is a popular institution, its reunions 
being occasions of social intercourse as well as historical reminiscences, and 
occasions for the display of the best talent in the state. The transactions of 
each annual meeting are published in a neat pamphlet for preservation. In 
1877 the men and women who settled the Rogue River and other southern 
valleys, and whose isolation, n lining adventures, and Indian wars gave them 
a history of their own, hardly identical with but no less interesting than that 
of the settlers of the Willamette Valley, met at the picturesque village of 
Ashland and founded the Pioneer Society of Southern Oregon on the 13th of 
September of that year, about 800 persons being present. Its first officers 
were L. C. Duncan president, William Hoffman secretary, N. S. Hayden treas 
urer. E. L. Applegate delivered an address, in which he set forth the motives 
which animated, and the exploits which were performed by, the pioneers. 
Other addresses were made by Thomas Smith, E. K. Anderson, and John E. 
Ross. The society in 1885 was in a prosperous condition. Portland Oreyo- 
nian, Nov. 18, 1867; Portland Advocate, Sept. 14, 1867; Astoria Astoria//, 
April 3, 1875; Sac. Record- Union, April 3, 1875; Portland Bulletin, Dec. 
6, 1871; Portland Oregonian, March 9, 1872; Ashland Tidings, Sept. 28, 1877; 
Jacksonville Times, April 12, 1878. 



694 IMMIGRATION SOCIETY. 

LIBRARIES. 

The original State Library of Oregon, as the reader knows, was destroyed 
by fire in 1855. The later collection numbered in 1885 some 11,000 volumes, 
and was simply a law library, as there were few miscellaneous books. It 
contained no state historical documents or writings of local authors to speak 
of. The annual appropriation of 8750 was expended by the chief justice in 
purchasing books for the supreme court. 

The Library Association of Portland had the largest miscellaneous collec 
tion in the state. It was founded in February 1864 by subscriptions from a 
few prominent men, amounting in all to a little over 2,500. At the end of 
the first year it had 500 volumes, and increased annually till in 1885 there 
were some 12,000 volumes. Although not large, this library was selected 
with more than ordinary care, the choice of books having been made princi 
pally by Judge Deady, to whose fostering care its continued growth may be 
principally ascribed, although the institution is scarcely less indebted to W. 
S. Ladd, for the free use of the elegant rooms over his bank for many years. 
The first board of directors was W. 8. Ladd, B. Goldsmith, L. H. Wakefield, 
H. W. Corbett, E. D. Sliattuck, C. H. Lewis, William Strong, W. S. Cald- 
well, P. C. Schuyler, Jr, and Charles Calef. The directors were divided into 
five classes by lot, the first class going out at the expiration of two years, the 
second in four years, and so on to the end, two new directors being elected 
biennially. The first officers of the association were W. S. Ladd, president; 
William Strong, vice-president; Bernard Goldsmith, treasurer; Henry Failing, 
corresponding secretary: W. S. Caldwell, recording secretary; H. W. Scott, 
W. B. Cardwell, and C. C. Strong, librarians. In 1872 the association em 
ployed Henry A. Oxer as librarian and recording secretary, whose qualifica 
tions for the duties materially assisted to popularize the institution. JmLje 
Deady has been presiding officer for many years. 

The Pacific University, State University, Willamette University, Mon- 
mouth University, McMinnville and other colleges and schools, and the catholic 
church of Portland, maintained libraries for the use of those under tuition, and 
there were many private collections in the state. 

IMMIGRATION SOCIETY. 

The first society for the promotion of immigration was formed in 1856, in 
New York, under the title of New York Committee of Pacific Emigration. 
S. P. Dewey and W, T. Coleman of San Francisco, and Amory Holbrook and 
and A. McKinlay of Oregon City, were present at the preliminar}^ meeting at 
the Tontine House. An appeal was made to the people of Oregon to interest 
themselves in sustaining a board of immigration, and keeping an agent in 
New York in common with the California Emigration Society. Or. Statesman, 
Feb. 3, 1857. The matter, however, seems to have been neglected, nothing 
further being heard about immigration schemes until after the close of the 
civil war, and after the settlement of Idaho and Montana had intercepted the 
westward flow of population, reducing it to a minimum in the Willamette 
Valley and everywhere west of the Cascades. About 1868 the State Agricul 
tural Society appointed A. J. Dufur, its former president, to compile and pub 
lish facts concerning the physical, geographical, and mineral resources of the 
state, and a description of its agricultural development, which he accord 
ingly did in a pamphlet of over a hundred pages, which was distributed broad 
cast and placed in the way of travellers. D LI fur s Or. Statistics, Salem, 1869. 

In August 1869 a Board of Statistics, Immigration, and Labor Exchange 
was formed at Portland, with the object of promoting the increased settlement 
of the country, and furnishing immigrants with employment. The board con 
sisted of ten men, who managed the business and employed such agents as they 
thought best, but the revenues were derived from private subscriptions. Ten 
thousand copies of pamphlets prepared by the society were distributed the 



IMMIGRATION. 695 

first year of its existence, and the legislature was appealed to for help in fur 
nishing funds to continue these operations, which were assisted by a subordi 
nate society at Salem. Or. Legisl. Docs, 1870, 11, app. 1-11. In 1872 E. L. 
Applegate was appointed a commissioner of immigration by the legislature, 
with power to equip himself with maps, charts, and statistics in a manner prop 
erly to represent Oregon in the United States and Europe, and to counteract 
interested misrepresentations. Or. Laws, 1872, 38. The compensation for 
this service was left blank in the law, from which circumstance, and from the 
additional one that Applegate returned to Oregon in the spring of 1872 as a 
peace commissioner to the Modocs under pay, it is just to conclude that his 
salary as a commissioner of immigration was insufficient to the service, or that 
his services were inadequate to the needs of the country, or both. 

At the following session in 1874 the State Board of Immigration was 
created, October 28th, the members of which were to be appointed by the 
governor to the number of five, who were to act without salary or other com 
pensation, under rules of their own making. This act also authorized the 
governor to appoint honorary members in foreign countries, none of whom 
were to receive payment. Or. Laws, 1874, 113. The failure of the legislature 
to make an appropriation compelled the commissioners appointed by the gov 
ernor to solicit subscriptions in Portland. Considerable money was collected 
from business firms, and an agent was sent to San Francisco. Upon recom 
mendation of the state board, consisting of W. S. Ladd, H. W. Corbett, B. 
Goldsmith, A. Lienenweber and William Reid, the governor appointed twenty- 
four special agents, ten in the United States, ten in Europe, two in New 
Zealand, and two in Canada. The results were soon apparent. Nearly 6,000 
letters of inquiry were received in the eighteen months ending in September 
1876, and a perceptible movement to the north-west was begun. The eastern 
branch of the state board at Boston expended $24,000 in the period just 
mentioned for immigration purposes; half-rates were secured by passenger 
vessels and railway lines from European ports to Portland, by which means 
about 4,000 immigrants came out in 1875, and over 2,000 in 1876, while 
the immigration of the following year was nearly twelve thousand. Or. Mess, 
and Docs, 1876, 14, 10; Portland Board of Trade, 1877, 17. 

On the 24th of January, 1877, the Oregon State Immigration Society 
organized under the private-corporations act of 1862, with a capital stock of 
$500,000, in shares of $5 each, the object being to promote immigration, col 
lect and diffuse information, buy and sell real estate, and do a general agency 
business. The president of the incorporated society was A. J. Dufur, vice- 
president D. H. Stearns, secretary T. J. Matlock, treasurer L. P. W. Quimby. 
By-Laws Or. 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, whose works were purchased and made use of 
by the Oregon and California and Northern Pacific railroad companies to settle 
their lands, and by other transportation companies to swell their passenger 
lists. The result of these efforts was to fill up the eastern portion of 
Oregon and Washington with an active population in a few years, and to 
materially increase the wealth of the state, both by addition to its producing 
capacity, and by a consequent rise in the value of lands in every part of it. 
The travel over the Noi-thern Pacific, chiefly immigration, was large 
from the moment of its extension to the Rocky Mountains, and was in 1885 
still on the increase. 

RAILROADS. 

In February 1853 the Oregon legislative assembly, stirred by the discus 
sion in congress of a transcontinental railroad, passed a memorial in relation, 
to such a road from the Mississippi River to some point on the Pacific coast, 
this being the first legislative action with regard to railroads in Oregon after 
the organization of the territory, although there had been a project spoken of, 



696 RAILROADS. 

and even advertised, to build a railroad from St Helen on the Columbia to 
Lafayette in Yamhill county as early as 1850. Or. Spectator, Jan. 30, 1850. 
Knighton, Tappan, Smith, and Crosby were the projectors of this road. 

In the latter part of 1853 came I. I. Stevens to Puget Sound, full of the 
enthusiasm of an explorer, and sanguine with regard to a road which should 
unite the Atlantic and Pacific states. Under the excitement of this confident 
hope, the legislature of 1853-4 granted charters to no less than four railway 
companies in Oregon, and passed resolutions asking for aid from congress. 
Or. Jour. Council, 1853-4, 125. The Willamette Valley Railroad Company, 
the Oregon and California Railroad Company, the Cincinnati Railroad Com 
pany, and the Clackamas Railroad Company were the four mentioned. The 
Cincinnati company proposed to build a road from the town of that name in 
Polk county to some coal lands in the same county. Id., 125; Or. Statesman, 
April 18, 1854. The act concerning the 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. Jour. 
Council, 94, 95, 107, 116, 126. One of these companies went so far as to hold 
meetings and open books for subscriptions, but nothing further came of it. 
The commissioners were Frederick Waymire, Martin L. Barker, John Thorp, 
Solomon Tetherow, James S. Holman, Harrison Linnville, Fielder M. Thorp, 
J. C. Avery, and James O Neil. Or. Statesman, April 11 and 25, 1854. This 
was called the Willamette Valley Railroad Company. 

A charter was granted to a company styling itself the Oregon and Cali 
fornia Railroad Company, who proposed to build a road from Eugene City 
to some point on the east side of the Willamette River below Oregon City, or 
possibly to the Columbia River. The commissioners for the Oregon and Cal 
ifornia road were Lot Whitcomb, N. P. Doland, W. Meek, James B. Stephens, 
William Holmes, Charles Walker, Samuel Officer, William Barlow, John 
Gribble, Harrison Wright, J. D. Boon, J. L. Parrish, Joseph Holman, Wil 
liam H. Rector, Daniel Waldo, Benj. F. Harding, Samuel Simmons, Ralph 
C. Geer, William Parker, Augustus R. Dimick, Hugh Cosgrove, Robert 
Newell, W. H. Willson, Green McDonald, James Curl, E. H. Randall, Luther 
Elkins, John Crabtree, David Claypole, Elmore Keyes, James H. Foster, 
George Cline, John Smith, Anderson Cox, John H. Lines, Jeremiah Duggs, 
John N. Donnell, Asa McCully, Hugh L. Brown, James N. Smith, William 
Eaile, W. W. Bristow, Milton S. Riggs, James C. Robinson, P. Wilkins, 
William Stevens, Jacob Spores, Benjamin Richardson, E. F. Skinner, James 
Hetherly. Felix Scott, Henry Owen, Benjamin Davis, Joseph Bailey, J. W. 
Nesmith, and Samuel Brown. Id., April 4, 1854. Of this likewise nothing 
came except the name, which descended to a successor. Another corporation 
received a charter in 1857 to buiid a road to Newport on Yaquina Bay, 
which was not built by the company chartered at that date. The only 
railroads in Oregon previous to the organization of the Oregon Central Rail 
road Company, of which I am about to give the history, were the portages 
about the cascades and dalles of the Columbia and the falls at Oregon City. 

In 1863 S. G. Eliot, civil engineer, made a survey of a railroad line from 
Marysville in California to Jacksonville in Oregon, where his labors ended 
and his party was disbanded. This survey was made for the California and 
Columbia River Railroad Company, incorporated October 13, 1863, at Marys 
ville, California. Eliot endeavored to raise money in Oregon to complete his 
survey, but was opposed by the people, partly from prejudice against Califor- 
nian enterprises. Marysville Appeal, June 27, 1863; Portland Oreyonian, Jan. 
4, 1864; Deady s Scrap- Book, 37, 56; Portland Oregonian, Dec. 17, 1863. 
Joseph Gaston, the railroad pioneer of the Willamette, then residing in Jack 
son county, being deeply interested in the completion of the survey to the 
Columbia River, took it upon himself to raise a company, which he placed 
under the control of A. C. Barry, who after serving in the civil war had come 
to the Pacific coast to regain his health. Barry was ably assisted by George 
H. Belden of the U. S. land survey. As the enterprise was wholly a volun 
teer undertaking, the means to conduct it had to be raised by contribution, 



HISTORY OF THE OREGON CENTRAL. 697 

and to this most difficult part of the work Gaston applied himself. A circular 
was prepared, addressed to the leading farmers and business men of the coun 
try through which the surveying party would pass, inviting their support, 
while Barry was instructed to subsist his men on the people along the line 
and trust to the favor of the public for his own pay. 

The novelty and boldness of these proceedings, while eliciting comments, 
did not operate unfavorably upon the prosecution of the survey, which pro 
ceeded without interruption, the party in the field living sumptuously, and 
often being accompanied and assisted by their entertainers for days at a time. 
It was not always that the people applied to were so enthusiastic. One promi 
nent man declared that so far from the country being able to support a rail 
road, if one should be built the first train would carry all the freight in the 
country, the second all the passengers, and the third would pull up the track 
behind it and carry off the road itself. This same man, remarks Mr 
Gaston, managed to get into office in the first railroad company, and has en 
joyed a good salary therein for 1 3 years. Gaston s Railroad Develpment in 
Oregon, MS., 8-9. Gaston continued to write and print circulars, which were 
distributed to railroad men, county officers, government land-offices, and all 
persons likely to be interested in or able to assist in the organization of a 
railroad company, both on the Pacific coast and in the eastern states. These 
open letters contained statistical and other information about the country, 
and its agricultural, mineral, commercial, and manufacturing resources. 
Hundreds of petitions \vere at the same time put in circulation, asking congress 
to grant a subsidy in bonds and lands to aid in constructing a branch railroad 
from the Central Pacific to Oregon. 

By the time the legislature met in September, Gaston had Barry s report 
completed and printed, giving a favorable view of the entire practicability of 
a road from Jacksonville to the Columbia at St Helen, to which point it was 
Barry s opinion any road through the length of the Willamette River 
ought to go, although the survey was extended to Portland. To this report 
was appended a chapter on the resources of Oregon, highly flattering to the 
feelings of the assembly. The document was referred to the committee on 
corporations, and James M. Pyle, senator from Douglas county, chairman, 
made an able report, supporting the policy of granting state aid. Cyrus 01- 
ney, of Clatsop county, drew up the first state subsidy bill, proposing to grant 
$2JO,000 to the company that should first construct 100 miles of railroad in 
the Willamette Valley. The bill became a law, but no company ever accepted 
this trifling subsidy. Portland Gregorian, Sept. 7 and 13, 1864; Barry s Col. 
& Or. R. R. Survey, 34; Or. Journal Sennte, 18G4, ap. 3G-7; Portland Ore>/o- 
nian, Nov. 5, 1864; Or. Jour. House, 18G4, ap. 185-9; Or. Statesman, July 
23, 1864; Portland Oregonian, June 20, July 27, Aug. 11, Sept. 13, Oct. 
29, 1864. In November, however, after the adjournment of the legisla 
ture, an organization was formed under the name of the Willamette Valley 
Railroad Company, which opened books for subscription, and filed arti 
cles of incorporation in December. Id., Nov. 12 and 17, and Dec. 2, 1864; 
Deady s Scra)>-Book, 107. The incorporators were J. C. Ainsworth, H. W. 
Corbett, W. S. Ladd, A. C. Gibbs, C. N. Carter, I. R. Moores, and E. N. 
Cooke. Ainsworth was president, and George H, Belden secretar} . Belden 
was a civil engineer, and had been chief in the surveyor-general s office, but 
resigned to enter upon the survey of the Oregon and California railroad. Or. 
Argus, May 25, 1863. Barry meantime proceeded with his reports and peti 
tions to Washington, where he expected the cooperation of Senators Williams 
and Nesmith. The latter did indeed exert his influence in behalf of con 
gressional aid for the Oregon branch of the Central Pacific, but Barry became 
weary of the uncertainty and delay attendant upon passing bills through con 
gress, and giving up the project as hopeless, went to Warsaw, Missouri, \vhere 
he entered upon the practice of law. 

Before Barry quitted Washington he succeeded in having a bill introduced 
in the lower house by Cole of California, the terms of which granted to the 
California and Oregon Railroad Company of California, and to such company 



693 RAILROADS. 

organized under the laws of Oregon as the legislature of the state should 
designate, twenty alternate sections of land per mile, ten on each side of the 
road, to aid in the construction of a line of railroad and telegraph from some 
point on the Central Pacific railroad in the Sacramento Valley to Portland, 
Oregon, through the Rogue River, Umpqua, and Willamette valleys, the Cal 
ifornia company to build north to the Oregon boundary, and the Oregon com 
pany to build south to a junction with the California road. Cong. Globe, 
1865-6, ap. 388-9; Zabriskie a Land Laws, 637; VeatchJa Or., 12-21. This 
bill, which was introduced in December 1804, did not become a law until 
July 25, 18G6, and was of comparatively little value, as the line of the road 
passed through a country where the best lands were already settled upon. 
The bill failed in congress in 1865 because Senator Conness of California 
refused to work with Cole. It passed the house late, and the senate not at 
all. S. F. Bu Jetin, March 8, 1865; Euf/ene Review, in Portland Oregonian, 
April 1 and 26, 1865. The California and Oregon railroad had already filed 
articles of incorporation at Sacramento, its capital stock being divided into 
150,000 shares at $100 a share. When the subsidy bill became a law the 
Oregon Central Railroad Company was organized, and the legislature, accord 
ing to the act of congress, designated this company as the one to receive the 
Oregon portion of the land grant, at the same time passing an act pledging 
the state to pay interest at seven per cent on one million dollars of the bonds 
of the company, to be issued as the work progressed on the first hundred 
miles of road. This act was repealed as unconstitutional in 1868. Or. Laws, 
1866, 1868, 44-5; Deady s Scrap- Book, 176; 8. F. Bulletin, Oct. 25 and Nov. 
2, 1866. See special message of Gov. Woods, in Sac. Union, Oct, 22, 1866. 
Articles of incorporation were filed November 21, 1866. The incorporators 
were R. R. Thompson, E. D. Shattuck, J. C. Ainsworth, John McCracken, 
S. G. Reed, W. S. Ladd, H. W. Corbett, C. H. Lewis of Portland, M. M. 
Mclvin, Jesse Applegate, E. R. Geary, S. Ellsworth, F. A. Chenoweth, Joel 
Palmer, T. H. Cox, I. R. Moores, George L. Woods, J. S. Smith, B. F. 
Brown, and Joseph Gaston. Gastoii s Railroad Development of Or., MS., 
15-16. 

The incorporators elected Gaston secretary and general agent, authorizing 
him to open the stock-books of the company, and canvass for subscriptions, 
which was done with energy and success, the funds to construct the first 
twenty-live miles being promised, when Eliot, before mentioned, suddenly 
appeared in Oregon with a proposition signed A. J. Cook & Co., whereby the 
Oregon company was asked to turn over the whole of its road to the people 
of California to build. The compensation offered for this transfer was the 
sum of $50,000 to each of the 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 evident intention 
of driving from the field the original company, and securing under its name 
the land grant and state aid. A struggle for control now set in, which was 
extremely damaging to the enterprise. Seeing that litigation and delay must 
ensue, the capitalists who had contracted to furnish funds for the first 
twenty-five miles of road at once cancelled their agreement, refusing to sup 
port either party to the contest. Gaston, who determined to carry out the 
original object of his company, in order to avoid still further trouble with the 
Salem party, located the line of the Oregon Central on the west side of the 
Willamette River, and proceeded again with the labor of securing financial 
support. The Salem company naturally desiring to build on the east side of 
the river, and assuming the name of the original corporation, gave rise to the 
custom, long prevalent, of calling the two companies by the distinctive titles 
of East-Side and West-Side companies. 

While Gaston was going among the people delivering addresses and taking 
subscriptions to the west-side road, the east-side company, which organized 



RIVAL COMPANIES. 699 

April 22, 1867, proceeded in an entirely different manner to accomplish their 
end. Seven men subscribed each one share of stock, at $100, and electing 
one of their number president, passed a resolution authorizing that officer to 
subscribe seven million dollars for the company. This manoeuvre was con 
trary to the incorporation law of the state, which required one half of the 
capital stock of a corporation to be subscribed before the election of a board 
of directors. The board of directors elected by subscribing $100 each were 
J. H. Moores, I. R. Moores, George L. Woods, E. N. Cooke, Samuel A. 
Clarke. Woods was elected president, and Clark secretary. To these were 
subsequently added J. H. Douthitt. F. A. Chenoweth, Green B. Smith, S. 
Ellsworth, J. H. D. Henderson, S. F. Chadwick, John E. Ross, A. L. Love- 
joy, A. F. Hedges, S. B. Parrish, Jacob Conser, T. McF. Patton, and John 
F. Miller. Gastou s Railroad Development in Or., MS., 22-3. Before the 
meeting of the next legislature, thirteen other directors were added to the 
board, being prominent citizens of different counties, who it was hoped would 
have influence with that body, and to each of these was presented a share of 
the stock subscribed by the president. So far there had not been a bona 
fide subscription by any of the east-side company. In order to hold his own 
against this specious financiering, Gaston, after raising considerable money 
among the farmers, subscribed in his own name half the capital stock, amount 
ing to $2,500,000. As a matter of fact, he had no money, but as a matter of 
law, it w r as necessary to have this amount subscribed before organizing a 
board of directors for his company. This board was elected May 25, 1867, 
at a meeting held at Amity. The first board of directors of the Oregon Cen 
tral (west-side) were W. C. Whitson, James M. Belcher, W. T. Newby, 
Thomas R. Cornelius, and Joseph Gaston. Gaston was elected president, 
and Whitson secretary. Both companies, being now organized, proceeded to 
carry out their plans as best they could. Elliot, as agent of the east-side 
party, went east to find purchasers for the bonds of the company, w r hile Gas- 
ton continued to canvass among the people, and also began a suit in equity 
in Marion county to restrain the Salem company from using the name of the 
Oregon Central company, Gaston appearing as attorney for plaintiffs, and 
J. H. Mitchell for the defendants. On trial, the circuit judge avoided a 
decision by holding that no actual damage had been sustained. Mitchell 
then became the leading spirit of the east-side company, and the two parties 
contended hotly for the ascendency by circulating printed documents, and 
holding correspondence with bankers and brokers to the injury of each other. 
A suit was also commenced to annul the east-side company, on the ground of 
illegal organization. Meanwhile Elliot was in Boston, and was on the point 
of closing a contract for a large amount of material, w r hen Gaston s circulars 
reached that city, causing the failure of the transaction, and compelling 
Elliot to return to Oregon, having secured only two locomotives and some 
shop material, which he had already purchased with the bonds of his com 
pany. A compromise would now have been accepted by the east-side party, 
but the west-side would not agree to it, and in point of fact could not, because 
the people on that side of the valley, who were actual subscribers, would not 
consent to have their road run on the east side, and the people on that side 
would not subscribe to a road on the other. 

By the first of April, 1868, both parties had their surveyors in the field 
locating their lines of road. Portland Oregonian, March 11, 1868. The west- 
side company had secured $25,000 in cash subscriptions in Portland, and as 
much more in cash and lands in the counties of Washington and Yamhill. 
The city of Portland had also pledged interest for twenty years on $250,000 
of the company s bonds. Washington county had likewise pledged the inter 
est on $50,000, and Yamhill on $75,000. Thus $375,000 was made available 
to begin the construction of the Oregon Central. The east-side company had 
also raised some money, and advertised that they would formally break 
ground near East Portland on the 16th of April, 1868, for which purpose banda 
of music and the presence of the militia were engaged to give eclat to the 
occasion. An address by W. W. Upton was announced. 



700 RAILROADS. 

The west-side company refrained from advertising, but made preparations 
to break ground on the 14th, and issued posters on the day previous only. At 
ten o clock of the day appointed a large concourse of people were gathered 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. Gibbs and W. W. Chapman. This ended, Mrs David 
C. Lewis, wife of the chief engineer of the company, lifted a shovelful of 
earth and cast it upon the grade-stake, which was the signal for loud, long, 
and enthusiastic cheering, which so excited the throng that each contributed 
a few minutes labor to the actual grading of the road-bed. Thus on the 14th 
of April, 1868, was begun the first railroad in Oregon other than the portages 
above mentioned. On the 16th the grander celebration of the east-side com 
pany was carried out according to programme, at the farm of Gideon Tibbets, 
south of East Portland, and on this occasion was used the first shovel made 
of Oregon iron. Portland Oregonian, April 18, 1868; McC ormick s Portland 
Dir., 1869, 8-9. The shovel was ordered by Samuel M. Smith, of Oswego 
iron, and made at the Willamette Iron Works by William Buchanan. It was 
shaped under the hammer, the handle being of maple, oiled with oil from the 
Salem mills. It was formally presented to the officers of the company on the 
loth of April. Port/and Oreyonian, April 14, 16, and 17, 1868. 

Actual railroad building was now begun on both side s of the Willamette 
River; but the companies soon found themselves in financial straits. The east- 
side management was compelled in a short time to sell its two locomotives to 
the Central Pacific of California, although they bore the names of George 
L. Woods and I. R. Moores, the first and second presidents of the organiza 
tion. A vigorous effort was made to induce the city council of Portland to 
pledge the interest for twenty years on $600,000 of the east-side bonds, in 
which the company was not successful. It is related that, being in a strait, 
Elliot proposed to inform the men employed, appealing to them to work 
another month on the promise of payment in the future. But to this propo 
sition his superintendent of construction replied that a better way would be 
to keep the men in ignorance. He went among them, carelessly suggesting 
that as they did not need their money to use, it would be a wise plan to draw 
only their tobacco-money, and leave the remainder in the safe for security 
against loss or theft. The hint was adopted, the money was left in the safe, 
and served to make the same show on another pay-day, or until Holladay 
came to the company s relief. Gaston s Railroad .Development in Or., MS., 
34-5. Nor was the west-side company more at ease. Times were hard with 
the farmers, who could not pay up their subscriptions. The lands of the 
company could not be sold or pledged to Portland bankers, and affairs often 
looked desperate. 

The financial distresses of both parties deterred neither from aggressive 
warfare upon the other. The west-side company continually pressed proceed 
ings in the courts to have its rival declared no corporation, but no decision 
was arrived at. Gaston declares that the judges in the third and fourth judi 
cial districts evaded a decision, their constituents being equally divided in 
supporting the rival companies. Id., 38. Failing of coming to the point in 
this way, a land-owner on the east side was prompted to refuse the right of 
way, and when the case came into court, the answer was set up that the com 
pany was not a lawful corporation, and therefore not authorized to condemn 
lands for its purposes. The attorneys for the company withdrew from court 
rather than meet the question, and made a re-location of the road, thus foiling 
again the design of the west-side company. 

Portland being upon the west side of the river, and the emporium of capi 
tal in Oregon, it was apparently only a question of time when the west-side 
road should drive the usurper from the field, and so it must have done had 
there been no foreign interference. But the east-side company had been seek 
ing aid in California, and not without success. In August 1868, Ben Holla- 
day, of the overland stage company and the steamship line to San Francisco, 
arrived in Oregon. He represented himself, and was believed to be, the pos- 



HOLLADAY TO THE RESCUE. 701 

sessor of millions. A transfer of all the stock, bonds, contracts, and all 
property, real and personal, of the east-side company was made to him. The 
struggle, which had before been nearly equal,, now became one between a 
corporation without money and a corporation with millions, and with the 
support of those who wished to enjoy the benefits to be conferred by this 
wealth, both in building railroads and in furnishing salaried situations to its 
friends. The first thing to be done was to get rid of the legislative enact 
ments of 1860, designating the original Oregon Central company as the proper 
recipient of the land grant and state aid. 

On the convening of the legislature, Holladay established himself at Salem, 
where he kept open house to the members, whom he entertained royally as to 
expenditure, and vulgarly as to all things else. The display and the hospitality 
were not without effect. The result was that the legislature of 1868 revoked 
the rights granted to the Oregon Central of 1866, and vested these rights in 
the later organization under the same name. The cause assigned was that 
at the time of the adoption of the said joint resolution as aforesaid no such 
company as the Oregon Central Railroad Company was organized or in exist 
ence, and the said joint resolution was adopted under a misapprehension of 
facts as to the organization and existence of such a company. Or. Laws, 
1868, 109-10. It was alleged that the original company, in their haste to 
secure the land grant by the designation of the legislature, which meets only 
once in two years, had neglected to file their incorporation papers with the 
secretary of state previous to their application for the favor of the legislature, 
the actual date of incorporation being November 21st, whereas the resolution 
of the legislature designating them to receive the land grant was passed ou 
the 20th of October, a month and a day before the company had a legal exist 
ence. In his Railroad Development in Or., MS., 15, Gaston says that the 
Oregon Central filed its incorporation papers according to law before the legis 
lative action, but withdrew them temporarily to procure other incorporations, 
and it was this act that the other company turned to account. By the terms 
of the act of congress making the grant of land, the company taking the fran 
chise must file its assent to the grant within one year from the passage of the 
act, and complete the first twenty miles of road within two years. The west- 
side company had filed its assent within the prescribed time, which the other 
had not, an illegality which balanced that alleged against the west-side, even 
had both been in all other respects legal. 

And now happened one of those fortuitous circumstances which defeat, 
occasionally, the shrewdest men. The west-side management had sent, in May, 
half a million of its bonds to London to be sold by Edwin Russell, manager 
of the Portland branch of the bank of British Columbia. Just at the moment 
when money was most needed, a cablegram from Russell to Gaston informed 
him that the bonds could be disposed of so as to furnish the funds and iron 
necessary to construct the first twenty miles of road, by selling them at a low 
price. Gaston had the power to accept the offer, but instead of doing so 
promptly, and placing himself on an equality with Hoiladay pecuniarily, 
he referred the matter to Aius worth, 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 
contract was taken by S. G. Reed & Co., of which firm Ainsworth was a 
member, to complete the twenty miles called for by the act of congress, of 
which five of the most expensive portion had been built, and Reed became in 
volved with Gaston in the contest for supremacy between the two companies, 
while at the same time pushing ahead the construction of the road from 
Portland to Hillsboro, by which would be earned the Portland subsidy of a 
(Quarter of a million. 

To prevent this, Holladay s attorneys caused suits to be brought declaring 
the west-side company s acts void, and to prevent the issuance to it of the 
bonds of the city of Portland and Washington county, in which suits they 



702 RAILROADS. 

were successful, thus cutting off the aid expected in this quarter. At the 
same time the quarrel was being prosecuted in the national capital, the newly 
elected senator, Corbett, befriending the original company, and George H. 
Williams, whose term was about to expire, giving his aid to Holladay. See 
correspondence in Sen. Rept, 3, 1869, 41st cong. 1st sess. 

An appeal was made to the secretary of the Interior, whose decision was, 
that according to the evidence before him neither company had a legal right 
to the land grant in Oregon, which had lapsed through the failure of any 
properly organized and authorized company to file acceptance, and could only 
be revived by further legislation. This decision was in consonance with 
Williams views, who had a bill already prepared extending the time for 
filing assent so as to allow any railroad company heretofore designated by the 
legislature of Oregon to file its assent in the department of the interior 
within one year from the date of the passage of the act; provided, that the 
rights already acquired under the original act \vere not to be impaired by 
the amendment, nor more than one company be entitled to a grant of land. 
Cony. Globf , 1869, app. 51, 41st cong. 1st sess. This legislation placed the 
companies upon an equal footing, and left the question of legality to be de 
cided in the Oregon courts, while it prevented the state of Oregon from 
losing the franchise should either company complete twenty miles of road 
which should be accepted by commissioners appointed by the president of 
the United States. The act of April 10, 1869, does not mention any exten 
sion of time for the completion of the first twenty miles, but by implication 
it might be extended beyond the year allowed for filing assent. 

While the east-side company was thus successful in carrying out its en 
deavor to dislodge the older organization, suit was brought in the United 
States district court, Deady, justice, to enjoin the usurper from using the 
name of the original company, Deady deciding that although no actual dam 
age followed, as the defence attempted to show, no subsequently organized 
corporation could lawfully use the name of another corporation. This put an 
end to the east-side Oregon Central company, which took steps to transfer its 
rights, property, and franchises to a new corporation, styled the Oregon and 
California Railroad Company. The action of congress in practically deciding 
in favor of the Holladay interest caused S. G. Reed & Co. to abandon the 
construction contract, from which this firm withdrew in May 1869, leaving 
the whole hopeless undertaking in the hands of Gaston. Without resources, 
and in debt, he resolved to persevere. In the treasury of Washington county 
were several thousand dollars, paid in as interest on the bonds pledged. He 
applied for this money, which the county officers allowed him to use in grad 
ing the road-bed during the summer of 1869 as far as the town of Hillsboro. 
This done, he resolved to go to Washington, and before leaving Oregon made 
a tour of the west-side counties, reminding the people of the injustice they 
had suffered at the hands of the courts and legislature, and urging them to 
unite in electing men who would give them redress. 

Gaston reached the national capital in December 1869, Holladay having 
completed in that month twenty miles of the Oregon and California road, and 
become entitled to the grant of land which Gaston had been the means of se 
curing to the builder of the first railroad. His business at the capital was to 
obtain a new grant for the Oregon Central, and in this he was successful, be 
ing warmly supported by Corbett and Williams, the latter, however, refusing 
to let the road be extended farther than McMinnville, lest it should interfere 
with the designs of Holladay, but consenting to a branch road to Astoria, 
with the accompanying land grant. A bill to this effect became a law May 1, 
1870. Cong. Globe, 1869-70., app. 644-5. While the bill was pending, Gas- 
ton negotiated a contract in Philadelphia for the construction of 150 miles of 
railroad, which would carry the line to the neighborhood of Eugene City, to 
which point another bill then before congress proposed to give a grant of land. 
The Oregon legislature passed a joint resolution, instructing their senators in 
Washington to give their support to the construction of a railroad from Salt 
Lake to the Columbia River, Portland, and Puget Sound; and to a railroad 



JOSEPH GASTON. 703 

from the big bend of Humboldt River to Klamath Lake, and thence through 
the Rogue, Umpqua, and Willamette valleys to the Columbia Eiver. Or. 
Laics, 1868, 124-5; U. S. tien. Misc. Doc., 14, 41st cong. 3d sess. ; Or. Laws, 

1870, 179-82, 194. 

Anticipating its success, Gaston ventured to believe that he could secure, as 
it was needed, an extension of his grant, which should enable him to complete 
the line from Winnemucca on the Humboldt to the Columbia. This also 
was the agreement between B. J. Pengra, who represented the Winnemucca 
scheme, Gaston, and the senators. But Holladay, who was in Washington, 
fearing that Pengra would bring the resources of the Central Pacific into 
Oregon to overpower him, demanded of Williams that Pengra s bill should 
be amended so as to compel the Winnemucca company to form a junction 
with the Oregon and California at some point in southern Oregon. The 
amendment had the effect to drive the Central Pacific capitalists away from 
the Winnemucca enterprise, and the Philadelphia capitalists away from the 
Oregon Central, leaving it, as before, merely a local line from Portland to Mc- 
Minnville. Thus Holladay became master of the situation, to build up or 
to destroy the railroad interests of Oregon. He had, through Latham of Cal 
ifornia, sold his railroad bonds in Germany, and had for the time being plenty 
of funds with which to hold this position. In order to embarrass still further 
the Oregon Central, he bought in the outstanding indebtedness, and threat 
ened the concern with the bankruptcy court and consequent annihilation. 
To avert this disastrous termination of a noble undertaking, Gaston was com 
pelled to consent to sell out to his enemy, upon his agreement to assume all 
the obligations of the road, and complete it as designed by him. 

Having now obtained full control, and being more ardent than prudent in 
his pursuit of business and pleasure alike, Holladay pushed his two roada 
forward rapidly, the Oregon and California being completed to Albany in 

1871, to Eugene in 1872, and to Roseburg in 1873. The Oregon Central was 
opened to Cornelius in 1871, and to St Joe in 1872. These roads, although 
still merely local, had a great influence in developing the country, inducing 
immigration, and promoting the export of wheat from Willamette direct to 
the markets of Europe. 

But the lack of prudence, before referred to, and reckless extravagance in 
private expenditures, shortened a career which promised to be useful as it was 
conspicuous; and when the Oregon and California road had reached Roseburg, 
the German bondholders began to perceive some difficulty about the payment 
of the interest, which difficulty increased until 1876, when, after an exami 
nation 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, William Gaston, was chief justice of the supreme 
court of North Carolina, and for many years member of congress from that 
state, as also founder of the town of Gaston, N. C. His cousin, William 
Gaston, of Boston, was elected governor of Massachusetts in 1874, being the 
only democratic governor of that state within 50 years. Joseph Gaston 
came to Jackson county, Oregon, in 1862, but on becoming involved in 
railroad projects, removed to Salem, and afterward to Portland. Although 
handling large sums of money and property, he was not benefited by it. 
When Holladay took the Oregon Central off his hands, he accepted a position 
as freight and passenger agent on that road, which he held until 1875, 
when he retired to his farni at Gaston, in Washington county, where he re 
mained until 1878, when he built and put in operation the narrow-gauge 
railroad from Dayton to Sheridan, with a branch to Dallas. This enter 
prise was managed solely by himself, with the support of the farmers of 



704 RAILROADS. 

that section. In 1880 the road was sold to a Scotch companj^ of Dundee, 
represented by William Reid of Portland, who extended it twenty miles 
farther, and built another narrow-gauge from Ray landing, below the Yam- 
hill, to Brownsville, all of which may be properly said to have resulted from 
Gaston s enterprises. Then he went to live in Portland, where he did not 
rank among capitalists in these days of sharp practice, not always a dishon. 
orable distinction. 

No sooner did railroad enterprises begin to assume a tangible shape in 
Oregon, than several companies rushed into the field to secure land grants and 
other franchises, notably the Portland, Dalles, and Salt Lake company, the 
Winnemucca company, the Corvallis and Yaquiua Bay company, and the 
Columbia River and Hillsboro company. Vancouver Register, Aug. 21, 18G9; 
Or. Laws, 1868, 127-8, 140-1, 143; Id., 1870; 11. Ex. Doc., 1, pt iv. vol. vi. t 
pt 1, p. xvii., 41st cong. 3d sess. ; Zabriskie s Land Laws, supp. 1877, 6; 
Portland Board of Trade Kept, 1875, 6-7, 28: Id., 1876, 4-6; Id., 1877, 14-15. 

Owing to a conflict of railroad interests, and fluctuations in the money 
market, neither of these roads was begun, nor any outlet furnished Oregon 
toward the east until Villard, in 1879, formed the idea of a syndicate of Amer 
ican and European capitalists to facilitate the construction of the Northern 
Pacific, and combining its interests with those of the Oregon roads by a joint 
management, which he was successful in obtaining for himself. E. V. Smalley, 
in his History of the Northern Pacific Railroad, published in 1883, has given 
a minute narrative of the means used by Villard to accomplish his object, pp. 
262-76. Under his vigorous measures railroad progress in Oregon and Wash 
ington was marvellous. Not only the Northern Pacific was completed to 
Portland, and the Columbia River, opposite the Pacific division at Kalama, in 
1883-4, but the Oregon system, under the names of the Oregon Railway and 
Navigation and Oregon and Transcontinental lines, was extended rapidly. 
The Oregon Railway and Navigation Company owned all the property of the 
former Oregon Steam Navigation and Oregon Steamship companies. It was 
incorporated June 13, 1879, Villard president, and Dolph vice-president. Its 
first board of directors consisted of Artemus H. Holmes, William H. Starbuck, 
James B. Fry, and Villard of New York, and George W. Weidler, J. C. Ains- 
worth, S. G. Reed, Paul Schulze, H. W. Corbett, C. H. Lewis, and J. N. 
Dolph of Portland. The Oregon and Transcontinental company was formed 
June 1881, its object being to bring under one control the Northern Paciiic 
and Oregon 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, chosen September 15, 1881, con 
sisted of Frederick Billings, Ashbel H. Barney, John W. Ellis, Rose well G. 
Rolston, Robert Harris, Thomas F. Oakes, Artemus H. Holmes, and Henry 
Villard of New York, J. L. Stackpole, Elijah Smith, and Benjamin P. Cheney 
of Boston, John C. Bullitt of Philadelphia, and Henry E. Johnston of Balti 
more. Villard was elected president, Oakes vice-president, Anthony J. 
Thomas second vice-president, Samuel Wilkinson secretary, and Robert L. 
Belknap treasurer. Smalley s Hist. N. P. Railroad, 270-1. 

Seven years after Holladay was forced out of Oregon, the Oregon Central 
was completed to Eugene, the Oregon and California to the southern boundary 
of Douglas county, the Dayton and Sheridan narrow-gauge road constructed 
to Airley, twenty miles south of Sheridan, and another narrow-gauge on the 
east side of the Willamette making connection with this one, and running 
south to Coburg in Lane county, giving four parallel lines through the heart 
of the valley. A wide-gauge road was constructed from Portland, by the way 
of the Columbia, to The Dalles, and eastward to Umatilla, Pendleton, and 
Baker City, on its way to Snake River to meet the Oregon short line on the 
route of the Portland, Dalles, and Salt Lake road of 1868-9. North-eastward 
from Umatilla a line of road extended to Wallula, Walla Walla, Dayton, 
Grange City in Washington, and LeWiston in Idaho; while the Northern Pa 
cific sent out a branch eastward to gather in the crops of the Palouse region at 
Colfax, Farmington, and Moscow; and by the completion of the Oregon 



CHAPMAN, PENGRA, AND MONTGOMERY. 705 

short line and the Oregon and California branch of the Central Pacific, there 
were three transcontinental routes opened from the Atlantic to the Columbia 
River. In 1885 a railroad was in process of construction from the Willamette 
to Yaquina Bay, destined to be extended east to connect with an overland 
road, and another projected. The projectors of the Winnemucca and Salt Lake 
roads deserve mention. Both had been surveyor-generals of Oregon. W. W. 
Chapman, who was appointed in territorial times, and was thoroughly ac 
quainted with the topography of the country, selected the route via the Colum 
bia and Snake, rivers to Salt Lake, both as one that would be free from snow 
and that would develop eastern Oregon and Washington and the mining re 
gions of Idaho. He made extensive surveys, attended several sessions of con 
gress, and sent an agent to London at his own expense, making himself poor 
in the effort to secure his 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 Willam 
ette at Portland. But he failed, because the power of the Central Pacific rail 
road of California was exerted to oppose the construction of any road con 
necting Oregon with the east which would not be tributary to it. 

Chapman died in 1884, after living to see another company constructing a 
road over the line of his survey. He had been the first surveyor-general of 
Iowa, its first delegate in congress, and one of its first presidential electors. 
On coming to Oregon he became one of the owners in Portland town site, and 
with his partner, Stephen Coffin, built the Gold Hunter, the first ocean steamer 
owned in Oregon, which, through the bad faith of her officers, ruined her own 
ers. Gaslon s Itailroad Development in Or. , 73-8. B. J. Pengra, appointed by 
President Lincoln, was, as I have already said, the founder of the Winne 
mucca scheme. While in office he explored this route, and secured from con 
gress the grant to aid in the construction of a military wagon-road to Owyhee, 
of which the history has been given. His railroad survey passed over a con 
siderable portion of the route of the military road, the opening of which pro 
moted the settlement of the country. But for the opposition of Holladay to 
his land-grant bill, it would have passed as desired, and the Central Pacific 
would have constructed this branch; but owing to this opposition it failed. 
Pengra resided at Springfield, where he had some lumber-mills. 

A man who has had much to do with Oregon railroads is James Boyce 
Montgomery, who was born in Perry co., Penn., in 1832, and sent to school 
in Pittsburgh. He learned printing in Philadelphia, in the office of the Bul 
letin newspaper, and took an editorial position on the Iteyister, published at 
Sandusky, Ohio, owned by Henry I). Cooke, afterwards first governor of the 
District of Columbia. From Sandusky he returned to Pittsburgh in 1853, 
and purchased an interest in the Daily Morning Post. About 1857 he was 
acting as the Harrisburg correspondent of the Philadelphia Press for a year 
or more. Following this, he took a contract to build a bridge over the Sus- 
quehanna River for the Philadelphia and Erie railroad, 6 miles above Wil- 
liamsport, Penn., his first railroad contract. Subsequently he took several 
contracts on eastern roads, building portions of the 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 the Oil 
Creek and Alleghany railroad in Penn. In 1870 Montgomery came to the 
Pacific coast, residing for one year on Puget Sound, since which time he has 
resided in Portland, where he has a pleasant home. His wife is a daughter 
of Gov. Phelps of Mo. The first railroad contract taken in the north-west 
was the first 25-mile division of the Northern Pacific, beginning at Kalama, 
on the Columbia River, and extending towards Tacoma. Since that he has 
completed the road from Kalama to Tacoma, and from Kalama south to Port 
land. Montgomery started the subscription on which the first actual money 
was raised to build the Northern Pacific, in Dec. 1869. Jay Cooke had agreed 
to furnish $5,600,0(X> to float the bonds of the company by April 1, 1870, and 
Montgomery, at his request, undertook to raise a pait of it, in which he was 
HIST. OB., VOL. II. 45 



*06 COUNTIES OF OREGON. 

successful, J. G. Morehead, H. J. Morehead, William Phillips, William M. 
Lyon, Henry Loyd, Joseph Dilworth, James Watts, and others subscribing 
$800,000. This money was expended in constructing the first division of the 
road. Montgomery at the same time took a contract to build a drawbridge 
across the Willamette at Harrisburg, the first drawbridge in Oregon, 800 
feet long, with a span of 240 feet. Subsequently he went to Scotland to or 
ganize the Oregon Narrow-Gauge Company, Limited, which obtained control 
of the Dayton, Sheridan, and Corvallis narrow-gauge road built by Gaston, 
in which he was interested, as well as some Scotch capitalists. It was Vil- 
lard s idea to get a lease of this and the narrow-guage road on the east side 
of the valley, to prevent the Central or Union Pacific railroads from control 
ling them, as it was thought they would endeavor to. They were accordingly 
leased to the Oregon Railway and Navigation Company, but to the detriment 
of the roads, which are not kept in repair. AD one time the directors of 
the 0. 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 passed and approved in 1866, to change 
the county seat to Baker City by a vote of the county, which was done. 
In 1872 a part of Grant county was added to Baker. The county contains 
15.912 square miles, about 50,000 acres of which is improved among 453 
farmers, the principal productions being barley, oats, wheat, potatoes, and 
fruit. The whole value of farm products for 1879, with buildings and fences, 
was $799,468. The value of live-stock was $1,122,765, a difference which 
shows stock-raising rather than grain-growing to be the business of the 
farmers. About 50,000 pounds of wool was produced. The total value of 
real estate and personal property for this year was set down at a little over 
$931,000. The population for the same period was 4,616, a considerable por 
tion of whom were engaged in mining in the mountain districts. Comp. X. 
Census, xl. 48, 723, 806-7. Baker City, the county seat, was first laid out 
under the United States town-site law by R. A. Pierce in 1868. It is 
prettily located in the Powder River Valley, and is sustained by a flourishing 
agricultural and mining region on either hand. It has railroad communica 
tion with the Columbia. It was incorporated in 1874, and has a population 
of 1,258. Pacific North-west, 41; McKinney s Pac. Dir., 255; Or. Laws, 1874, 
145-55. The famous Virtue mine is near Baker City. The owner, who does 
a banking business in the town, had a celebrated cabinet of minerals, in which 
might be seen the ores of gold, silver, copper, lead, cinnabar, iron, tin, cobalt, 
tellurium, and coal, found in eastern Oregon, besides which were curios in 
minerals from every part of the world. Auburn, the former county seat, 
was organized by the mining population June 17, 1862, and incorporated on 
the following 25th of September, to preserve order. Ebey s Journal, MS., viii. 
81-2, 84, 87, 94; Or. Jour. House, 1862, 113, 128. The other towns and post- 
offices of Baker county are \Vingville, Sparta, Powderville, Pocahontas, 
Express Ranch, El Dorado, Clarksville, Mormon Basin, Amelia City, Rye 
Valley, Humboldt Basin, Stone, Dell, Weatherby, Conner Creek, Glenn, 
Malheur, Jordan Valley, and North Powder. 

Bcnton county, named after Thomas H. Benton of Missouri, was created 
and organized December 23, 1847, including at that time all the country on 



BENTON AND CLACKAMAS. 707 

the west side of the Willamette River, south of Polk county and north of the 
northern boundary line of California. On the loth of January, 1851, the 
present southern boundary was fixed. It contains 1,870 square miles, extend 
ing to the Pacific ocean, and including the harbor of Yaquina Bay. Popula 
tion in 1879, 6,403. The amount of land under improvement in this year 
was 138,654 acres, valued at $3,188,251. The value of farm products was 
$716,096; of live-stock, $423,682; of orchard products, $16,404. Assessed 
valuation of real and personal property in the county, $1,726,387. Grain- 
raising is the chief feature of Ben ton county farming, but dairying, sheep- 
raising, and fruit-culture are successfully carried on. Coal was discovered in 
1869, but has not been worked. 

Corvallis, called Marysville for five or six years by its founder, J. C. Avery, 
is Benton s county seat, and was incorporated January 28, 1857. It is beau 
tifully situated in the heart of the valley, as its name indicates, and has a 
population of about 1,200. It is the seat of the state agricultural college, and 
has connection with the Columbia, and the Pacific ocean at Yaquina Bay, 
and also with the southern part of the state by railroad. It is more favorably 
located in all respects than any other inland town. Philomath, a collegiate 
town, is distant about eleven miles from Corvallis, on the Yaquina road. It 
was incorporated in October 1882. Monroe, named after a president, on the 
Oregon Central railroad, Alseya on the head-waters of Alseya River, Newport 
on Yaquina Bay near the ocean, Elk City at the head of the bay, Oyster- 
ville on the south side of the bay, Toledo, Yaquina, Pioneer, Summit, New 
ton, Tidewater, Waldoport, and Wells are all small settlements, those that 
are situated on Yaquina Bay having, it is believed, some prospects in the 
future. 

Clackamas county, named from the tribe of Indians inhabiting the shorea 
of a small tributary to the Willamette coming in below the falls, was one of the 
four districts into which Oregon was divided by the first legislative committee 
of the provisional government, in July 1843, and comprehended all the 
territory not included in the other three districts, the other three taking in all 
south of the Columbia except that portion of Clackamas lying north of the 
Anchiyoke River. Pudding River is the stream here meant. Its boun 
daries were more particularly described in an act approved December 19. 1845, 
and still further altered by acts dated January 30, 1856, October 17, I860, and 
October 17, 1862, when its present limits were established. Or. Archives, 
26; Or. Gen. Laws, 537-8. It contains 1,434 square miles, about 71,000 acres 
of which is under improvement. The surface being hilly, and much of it 
covered with heavy forest, this county is less advanced in agricultural wealth 
than might be expected of the older settled districts; yet the soil when 
cleared is excellent, and only time is required to bring it up to its proper 
rank. The value of its farms and buildings is considerably over three mil 
lions, of live-stock a little over four hundred thousand, and of farm products 
something over six hundred thousand dollars. In manufactures it has been 
perhaps the third county in the state, but should, on account of its facilities, 
exceed its rivals in the future. It is difficult to say whether it is the 
second or third, Multnomah county being first, and Marion probably 
second. But the difference in the amount of capital expended and results 
produced leave it almost a tie between the latter county and Clackamas. 
Marion has $608,330 invested in manufactures, pays out for labor $147,945 
annually, uses $1,095, 920 in materials, and produces $1,424, 979; while Clacka 
mas has invested $787,475, pays out for labor $156,927, uses $816,625 in 
materials, and produces $1,251,691. Marion has a little the most capital in 
vested, and produces a little the most, but uses $278,295 more capital in 
materials, while paying only $8,982 less for labor. Comp. X. Census, ii. 1007-8. 
The principal factories are of woollen goods. Assessed valuation considerably 
over six millions. Population, 9,260. Oregon City, founded by John Mc- 
Loughlin in 1842, is the county seat, whose history for a number of years was 
an important part of the territorial history, being the first, and for several 
years the only, town in the Willamette Valley. It was incorporated Septem- 



70S COUNTIES OF OREGON. 

ber 25, 1849. Its principal feature was its enormous water-power, estimated 
at a million horse-power. It had early a woollen-mill, a grist-mill, a lumber- 
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 Portland. 
A few miles north of the county seat is Milwaukee, founded by Lot Whitcomb 
as a rival to Oregon City, in March 1850. It is the seat of one of the finest 
flouring mills in the state, and is celebrated for its nurseries, which have fur 
nished trees to fruit-growers all over the Pacific coast. Its population is insig 
nificant. A rnile or two south of Oregon City is Canemah, founded by F. A. 
Hedges about 1845, it being the lowest landing above the falls, and where 
all river craft unloaded for the portage previous to the construction of the 
basin and breakwater, by which boats were enabled to reach a landing at the 
town. It afterward became a suburb of Oregon City, boats passing through 
locks on the west side of the river without unloading. About half-way 
between the falls and Portland was established Oswego, another small town, 
but important as the location of the smelting- works, erected in 1867 at a cost 
of $100,000, to test the practicability of making pig-iron from the ore found in 
that vicinity, which experiment was entirely successful. Other towns and 
post-offices in Clackamas county are Clackamas, Butte Creek, Damascus, 
Eagle Creek, Glad Tidings, Highland, Molalla, Needy, New Era, Sandy, 
Spring water, Union Mills, Viola, Wilsonville, Zion. 

Clatsop county, named after the tribe which inhabited the sandy plains west 
of Young Bay, at the mouth of the Columbia, was established June 22, 1844, 
on the petition of Josiah L. Parrish. The present boundaries were fixed 
January 15, 1855, giving the county 862 square miles, most of which is heavily 
timbered land. The value of farms, buildings, and live-stock is a little over 
$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 
rarily at least two thousand more. Resources Or. and Wash., 1882, 213; Comp. 
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 season of low water in the Willamette, compelling deep-water vessels to 
load in the Columbia, receiving and handling the immense grain and other ex 
ports from the Willamette Valley and eastern Oregon. Its harbor is sheltered 
by the point of the ridge on the east side of Young Bay from the storm-winds 
of winter, which come from the south-west. There is but little level land for 
building purposes, but the hills have been graded down into terraces, one 
street rising above another parallel to the river, affording fine views of the 
Columbia and its entrance, which is a dozen miles to the west, a little north. 
Connected by rail with the Willamette Valley and eastern Oregon, the locks 
at the cascades of the Columbia at the same time giving uninterrupted naviga 
tion from The Dalles to the mouth of the river, Astoria is destined to assume 
yet greater commercial importance. There are no other towns of consequence 
in this county. Clatsop, incorporated in 1870, Skippanon, Clifton, Jewell, 
Knappa, Olney, Mishawaka, Seaside House, Fort Stevens, and Westport are 
either fishing and lumbering establishments, or small agricultural settlements. 
Westport is the most thriving of these settlements, half agricultural and half 
commercial. 



COLUMBIA AND COOS. 709 

Columbia county, lying east of Clatsop in the great bend of the lower 
Columbia, was cut off from Washington county January 23, 1854. It con 
tains 575 square miles, and has a water line of over fifty miles in extent. It 
has between fourteen and fifteen thousand acres of land under improvement, 
valued, with the buildings, at $406,000, with live-stock worth over $77,000, 
and farm products worth $73,000, consisting of the cereals, hay, potatoes, 
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 valuation upon real and personal 
property in 1879 was $305,283. The population was little over 2,000, but 
rapidly increasing. St Helen, situated at the junction of the lower Willamette 
with the Columbia, is the county seat. It was founded in 1848 by H. M. 
Knighton, the place being first known as Plymouth Rock, but having its name 
changed 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 immediate vicinity. 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 
1852. Previous to 1865, by which time a steamboat line to Mouticello on 
the Cowlitz was established, Rainier was the way-station between Olympia 
and Portland, and enjoyed considerable trade. Later it became a lumber 
ing and fishing establishment. The other settlements in Columbia county 
are Clatskanie, Marshland, Pittsburg, Quinn, Riverside, Scappoose, Ver- 
nonia, Neer City, Bryantville, and Vesper. 

Coos county was organized December 22, 1853, out of portions of Umpqua 
and Jackson counties. The name is that of the natives of the bay county. 
It contained about the same area as Clatsop, and had over 25,000 acres of 
improved land, valued, with the improvements, at $1,188,349. The legisla 
ture enlarged Coos county by taking off from Douglas on the north and east 
enough to straighten the north boundary and to add two rows of townships 
on the east. Or. Jour. House, 1882, 290. It is now considerably larger than 
Clatsop. The live-stock of the county is valued at over $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, and the third ship-building, 
the largest ship-yard in the state being here. Farming has not been 
much followed, most of the provisions consumed at Coos Bay being brought 
from California. Fruit is increasing in production, and is of excellent 
quality. Beach-mining for gold has been carried on for thirty years. 
Iron and lead ores are known to exist, but have not been worked. There are 
also extensive quarries of a fine quality of slate. The valleys of Coos and 
Coquille rivers are exceedingly fertile, and the latter produces the best white 
cedar timber in the state, while several of the choice woods used in furniture 
factories abound in this county. Empire City, situated four miles from the 
entrance to Coos Bay, on the south shore, is the county seat, with a popula 
tion of less than two hundred. It was founded in the spring of 1853 by a 
company of adventurers, of which an account has been given in a previous 
chapter, and for some years was the leading town. Marshfield, founded only 
a little later by J. C. Tolmaii and A. J. Davis, soon outstripped all the 
towns in the county, having about 900 inhabitants and a thriving trade. It 
is situated four miles farther from the ocean than Empire City, on the same 
shore. Between the two is the lumbering establishment of North 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 employe s away from 
the temptations of miscellaneous associations. Still farther up the bay and 
river, beyond Marshfield, are the settlements of Coos City, Utter City, 
Coaledo, Sumner, and Fairview. Coquille City is prettily situated near the 
mouth of Coquille River, and has about two hundred inhabitants. It is 
hoped by improving the channel of the river, which is navigable for 40 
miles, to make it a rival of Coos Bay as a port for small sea-going vessels, 
the government having appropriated $130,000 for jetties at this place, which 
have been constructed for half a mile on the south side of the entrance. 
Myrtle Point, at the head of tide-water, is situated on a high bluff on the 
right bank of the Coquille, in the midst of a fine lumber and coal region. It 
was settled in 1858 by one Myers, who sold out to C. Lehnhere, and in 1877 
Binger Herman, elected in 1884 to congress, bought the land on which the 
town stands, and has built up a thriving settlement. Other settlements in 
the Coquille district are Dora, Enchanted Prairie, Freedom, Gravel Ford, 
Norway, Randolph, Boland, and Cunningham. Gale s Coo* Co. J)ir. y 1875, 
8J-61; Official P. 0. List, Jan. 1885, 499; Eoseburg Plaindealer, Aug. 15, 
1874. 

Crook county, named after General George Crook, for services performed in 
Indian campaigns in eastern Oregon, was cut off from the south end of Wasco 
coun:y, by legislative 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 Wasco 
channel of said river to the west boundary of Grant county, thence on the 
line between Grant and Wasco counties to the south-east corner of Wasco, 
thence west to the summits of the Cascade Mountains, and thence along 
them to the intersection of the north line. It lies in the hilly region where 
the Blue Mountains intersect the foot-hills of the Cascade Range, and for 
years has been the grazing-ground of immense herds of cattle. There are 
also many valleys fit for agriculture. Prineville is the county seat. It is 
situated on Ochooo River, near its junction with Crooked River, a fork of 
Des Chutes, and has a population of several hundred. It was incorporated 
iu 1880. Ochoco, Willoughby, Bridge Creek, and Scissorsville are the subor 
dinate towns. 

Curry county, named after Governor George L. Curry, organized December 
18, 1855, is comparatively an unsettled country, having only a little more 
than 1,200 inhabitants. Its area is greater than that of Coos, the two coun 
ties comprising 3,331 square miles, not much of which belonging to Curry 
has been surveyed. The value of farm property is estimated at between five 
and six hundred thousand dollars. The assessed valuation for 1879 was about 
$220,000. The territorial act establishing the county provided for the selec 
tion of a county seat by votes at the next general election, which was pre 
vented by the Rogue River Indian war. At the election of 1858 Ellensburg, 
a mining town, was chosen, and the choice confirmed by state legislative 
enactment in October 1860. Port Orford is the principal port in Curry 
county. Chetcoe is the only other town on the coast. There is no reason 
for the unsettled condition of Curry except its inaccessibility, which will be 
overcome in time, when its valuable forests and minerals will be made a source 
of wealth by a numerous population. Salmon-fishing is the principal indus 
try aside from lumbering and farming. 

Douglas county, named after Stephen A. Douglas, was created January 7, 
1852, out of that part of Umpqua county which lay west of the Coast Range. 
Iu 1864 this remainder of Umpqua was joined to Douglas, and Umpqua ceased 
to be. Its boundaries have been several times altered, the last time in 1882, 
when a small strip of country was taken off its western border to give to Coos. 
Its area previous to thus partition was 5,796 square miles. The valuation of 
its farms, buildings, and live-stock is nearly five million dollars. A large 
portion of its wealth comes from sheep-raising and wool-growing. In 1880 
Douglas county shipped a million pounds of wool, worth three to four cents 
more per pound than Willamette Valley wool, and sold 27,000 head of sheep 



DOUGLAS, GILLIAM, AND GRANT. 711 

to Nevada farmers. The valuation of assessable real and personal property 
is between two and three millions. In that part of the county which touches 
the sea-coast lumbering and fishing are important industries. Gold-mining ia 
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 1853. It was often called Deer creek until 
about 1856-7. It is beautifully situated at the junction of Deer creek with 
the south fork of the Umpqua, in the heart of the Umpqua Valley, has about 
900 inhabitants, and is the principal town in the valley. It was incorporated 
in 1868. Oakland is a pretty town of 400 inhabitants, so named by its founder, 
D. S. Baker, from its situation in an oak grove. Deady s Hist, Or., MS., 
79. It is on Calapooya creek, a branch of the Umpqua River, and the Oregon 
and California railroad passes through it to Roseburg. Wilbur is another 
picturesque place on the line of this road, named after J. H. Wilbur, founder 
of the academy at that place. It is only an academic town, with two hun 
dred population. Canonville, at the north end of the Umpqua canon, has a 
population of two or three hundred. Winchester, named for Colonel Win 
chester of the Umpqua Company, the first county seat of Douglas county, 
Gales ville, named from a family of that name, Myrtle Creek, Camas Valley, 
Looking Glass, Ten Mile, Cleveland, Umpqua Ferry, Cole s Valley, Rice Hill, 
Yoncalla, Drain, Comstock, Elkton, Sulphur Springs, Fair Oaks, Civil Bend, 
Day Creek, Elk Head, Kellogg, Mount Scott, Patterson s Mills, Round Prairie, 
are the various smaller towns and post-offices in the valley. Scottsburg, sit 
uated at the head of tide-water on the lower river, named for Levi Scott, ita 
founder in 1850, and by him destined to be the commercial entrepot of south 
ern Oregon, is now a decayed mountain hamlet. The lower town was all 
washed away in the great flood of 1861-2, and a whole street of the upper 
town, w r ith the military road connecting it with the interior country, was 
made impassable. Another road has been constructed over the mountains, 
and an attempt made to render the Umpqua navigable to Roseburg, a steamer 
of small dimensions and light draught being built, which made one trip and 
abandoned the enterprise, condemning Scottsburg to isolation and retrogres 
sion. Gardiner, situated on the north bank of the Umpqua, eighteen miles 
lower down named by A. C. Gibbs after Captain Gardiner of the Bostonian, 
a vessel wrecked at the entrance to the river in 1850 laid out in 1851, was 
the seat of customs collection for several years, during which it was presumed 
there was a foreign trade. At present it is the seat of two or more lumbering 
establishments, a salmon-cannery, and a good local trade. 

Gilliam county was set off mostly from Wasco, partly from Umatilla, in 
the spring of 1885. First county officers: commissioners, A. H. Wetherford, 

W. W. Steiver; judge, J. W. Smith; clerk, Lucas; sheriff, J. A. Blakely; 

treasurer, Harvey Condon; assessor, J. C. Cartwright. The town site of 
Alkali, the present county seat, was laid off in 1882 by James W. Smith, a 
native of Mississippi. First house built in the latter part of 1881, by E. W. 
Rhea. 

J. H. Parsons, born in Randolph co., Va, came to Cal. in 1857, overland, 
with a train of 30 wagons led by Ca.pt. L. Mugett, and located in San Jos6 
Valley, where for twelve years he was a lumber dealer. In 1869 he went to 
British Columbia and was for 8 years engaged in stock-raising on Thompson s 
River, after which he settled on John Day River, Oregon, in what is now 
Gilliam co. He married, in 1877, Josephine Writsman, and has 4 children. 
He owns 320 acres of bottom-land, has 5 square miles of pasture under fence, 
has 2,000 head of cattle, and 200 horses. His grain land produces 30 bushels 
of wheat or 60 bushels of barley to the acre. 

Grant county, called after U. S. Grant, occupying a central position in 
eastern Oregon, contains over fifteen square miles, of which only about one- 
ninth has been surveyed, less than 200,000 acres settled upon, and less than 
forty thousand improved. It was organized out of Wasco and Umatilla 
counties, October 14, 1864, during the rush of mining population to its placers 
on the head waters of the John Day. Spec. Laws, in Or. Jour. Sen., 1864, 43-4. 



712 COUNTIES OF OREGON. 

Its boundaries were defined by act in 1870. Or. Laws, 1870, 167-8. In 
1872 a part was taken from Grant and added to Baker county. Or. Laws, 
1872, 34-5. These placers no longer yield profitable returns, and are aban 
doned to the Chinese. There are good quartz mines in the county, which will 
be ultimately developed. The principal business of the inhabitants is horse- 
breeding and cattle-raising; but there is an abundance of good agricultural 
land in the lower portions. The population is about 5,000. The gross valu 
ation of all property in 1881 was over $1,838,000, the chief part of which was 
in live-stock. 

Canon City, the county seat, was founded in 1862, and incorporated in 
1864. It is situated in a canon of the head-waters of John Day River, in the 
centre of a rich mining district now about worked out. It had 2,500 inhabi 
tants in 1865. A fire in August 1870 destroyed property worth a quarter of 
a million, which has never been replaced. The present population is less than 
600 for the whole precinct in which Canon City is situated, which comprises 
some of the oldest mining camps. Prairie City, a few miles distant, Robin- 
sonville, Mount Vernon, Monument, Long Creek, John Day, Granite, Carnp 
Harney, and Soda Spring are the minor settlements. 

Jackson county, from Andrew Jackson, president, was created January 
12, 1852, out of the territory lying south of Douglas, comprising the Rogue 
River Valley and the territory west of it to the Pacific ocean. Its boundaries 
have been several times changed, by adding to it a portion of Wasco and tak 
ing from it the county of Josephine, with other recent modifications. Ita 
present area is 4,689 square miles, one third of which is good agricultural 
land, about 91,000 acres of which is improved. Corn and grapes are success 
fully cultivated in Jackson county in addition to the other cereals and fruits. 
The valuation of its farms and buildings is over $1,600,000, of live-stock half 
a million, and of farm products over half a million annually. The valuation 
of taxable property is nearly two millions. The population is between eight 
and nine thousand. Mining is the most important industry, the placers still 
yielding well to a process of hydraulic mining. Jacksonville, founded in 
1852, was established as the county seat January 8, 1853, and incorporated 
in 1864. It owed its location, on Jackson creek, a tributary of Rogue River, 
to the existence of rich placers in the immediate vicinity, yet unlike most 
mining towns, it occupies a beautiful site in the centre of a fertile valley, where 
it must continue to grow and prosper. It is now, as it always has been, an 
active business place. The population has not increased in twenty years, but 
has remained stationary at between eight and nine hundred. This is owing 
to the isolation of the Rogue River Valley, the ownership of the mines by 
companies, and the competition of the neighboring town of Ashland. Bowies 
New West, 449; ffines Or., 78-9; Bancroft (A. L.), Journey to Or., 1862, 
MS., 44. The town of Ashland, founded in 1852 by J. and E. Emry, David 
Hurley, and J. A. Cardwell, and named after the home of Henry Clay, has a 
population about equal to Jacksonville. It is the prettiest of the many pretty 
towns in southern Oregon, being situated on Stuart creek, where it tumbles 
down from the foot-hills of the Cascade Range with a velocity that makes it a 
valuable power in operating machinery, and overlooking one of the most 
beautiful reaches of cultivable country on the Pacific coast. It has the oldest 
mills in the county, a woollen factory, marble factory, and other manufactories, 
and is the seat of the state normal school. GardweWs Emigrant, Company, 
MS., 14; Ashland Tidings, May 3, 1878. The minor towns in this county are 
Barren, Phoenix, Central Point, Willow Springs, Rock Point, Eagle Point, Big 
Butte, Brownsborough, Pioneer, Sam s Valley, Sterlingville, Thomas Mill, 
Union town, Woodville, and Wright. 

A pioneer of Jackson county is Thomas Fletcher Beall, who was born in 
Montgomery co. , Md, in 1703, his mother, whose maiden name was Doras 
Ann Bedow, being born in the same state when it was a colony, and dying 
in it. In 1836 his father, Thomas Beall, removed to Illinois, and his son ac 
companied him, remaining there until 1852, when he emigrated to Oregon, 
settling in Rogue River Valley. In 1859 he married Ann Hall of Champaign 



JACKSON AND JOSEPHINE. 713 

CO., Ohio, then living in Douglas co., Or. They have 12 children 8 boys 
and 4 girls. Beall was elected to the legislature, and served at the regular 
session of 1864, and at the called session of 1865 for the purpose of ratifying 
the 15th amendment of the U. S. constitution. He was again elected in 
1884. He has served as school director in his district for 25 years, less one 
term. 

John Lafayette Rowe was born in Jackson co., Or., in 1859, his parents 
being pioneers. He married Martha Ann Smith, Jan. 1, 1883. 

Mrs John A. Cardwell, widow first of William Steadman, was born in 
Ireland in 1832, removed to Australia in 1849, married Steadman in 1850, 
removed to San Francisco in 1851, and was left a widow in 1855. She mar 
ried Cardwell, an Englishman, the following year, and they removed to Sania 
Valley in Jackson co., Or., where Cardwell died in May 1882. Mrs Card- 
well has had 5 sons and 6 daughters, one of whom died in 1 868. Cardwell 
wrote the Emigrant Company , MS., from which I have quoted. 

Andrew S. Moore, born in Susquehanna co., Ohio, in 1830, emigrated to 
Oregon in 1859, settling in Sanis Valley, Jackson co., where he has since re 
sided, engaged in farming. In 1864 he married Melissa Jane Cox, of Linn 
co., Iowa. They have 7 sons and 4 daughters. 

Arad Comstock Stanley, born in Missouri in 1835, was bred a physician, 
and emigrated to California in 1864, settling near Woodland. He removed 
to Jackson co., Or., in 1875, settling in Sanis Valley where he has a farm, but 
practices his profession. He married Susan Martin in 1862. Their only 
child is Mrs Sedotha L. Hannah, of Jackson co. 

John B. Wrisley, born in Middlebury, Vt, in 1819, removed to New York, 
Michigan, and Wisconsin, where he married Eliza Jane Jacobs of Iowa co., 
in 1843. He came to California in 1849, and to Rogue River Valley in 1852. 
His daughter Alice was the first white girl born in the valley. She married 
C. Goddard of Medford, Jackson co. Wrisley voted for the state constitu 
tions of Wisconsin, California, and Oregon; has been active in politics, but 
always rejected office. 

Joshua Patterson was born in Michigan in 1857, immigrated to Oregon in 
1862, and settled in Rogue River Valley. He married, in 1880, Ella Jane 
Fewel, and resides at Ashland. Has 2 children. 

Thomas Curry, born near Louisville, Ky, in 1833, removed with his parents 
to 111., and came to Or. in 1853, settling in the Rogue River Valley, where he 
has since resided. In 1863 he married Mary E. Button, who came with her 
parents to Or. in 1854. Of 5 children born to them, 2 are now living. 

Jacob Wagner, an immigrant of 1851, was born in Ohio in 1820, and re 
moved with his parents first to Ind. and afterwards to Iowa. Settling in 
Ashland, he has been engaged in farming and milling during a generation. 
He married Ellen Hendricks of Iowa, in 1860, by whom he has had 7 children, 
2 of whom are dead. 

Franklin Wertz, born in Pa in 1836, married Martha E. V. Beirly of his 
state, and the couple settled at Medford, where 5 children have been born to 
them. 

Josephine county, cut off from Jackson January 22, 1856, was named after 
Josephine Rollins, daughter of the discoverer of gold on the creek that also 
bears her name. Its area is something less than that of Curry or Jackson, 
between which it lies, and but a small portion of it is surveyed. The amount 
of land cultivated is not over 20,000 acres, nor the value of farms and improve 
ments over $400,000, while another $300,000 would cover the value of live 
stock and farm products. The valuation of taxable property is under 400,- 
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 
exclusion from lines of travel and facilities for modern advantages of educa 
tion and society has prevented its becoming more populous. Mining is the 
chief vocation of its 2,500 inhabitants. When its mines of gold, silver, and 
copper come to be worked by capitalists, it will be found to be possessed of 
immense resources. Kirbyville, founded in 1852, is the county seat. The 



714 COUNTIES OF OREGON. 

people of this small town have attempted to change its name, but without 
success. An act was passed by the legislature in 1858 to change it to Napo 
leon a questionable improvement. Or. Laws, 1858-9, 91. It was changed 
back by the legislature of 1860. Or. Jour. Sen., 1860, 68. The question of 
whether the county seat should be at Wilderville or Kirby ville was put to 
vote by the people in 1876, and resulted in a majority for Kirby ville. Or. 
Jour. House. It retains not only its original appellation, but the honor of 
being the capital of the county. The towns of Althouse, Applegate, Waldo, 
Slate Creek, Murphy, Galice, and Lelaud are contemporaries of the county 
seat, having all been mining camps from 1852 to the present. Lucky Queen 
is more modern. 

Klamath county, the name being of aboriginal origin, was established 
October 7, 1882, out of the western part of Lake county, which was made out 
of that part of Jackson county which was taken from the south end of Wasco 
county. It contains 5,544 square miles, including the military reservation 
and the Klamath Indian reservation. The recent date of the division of ter 
ritory leaves out statistical information. The altitude of the country on the 
east slope of the Cascade Mountains makes this a grazing rather than an agri 
cultural county, although the soil is good and the cereals do well, excepting 
Indian corn. Link ville, situated on Link River, between the Klamath lakes, 
was founded by George Nourse, a sutler from Fort Klamath, about 1871, who 
built a bridge over the stream and a hotel on the east side, and so fixed the 
nucleus of the first town in the country. It is the county seat and a thriving 
business centre. Nourse planted the first fruit-trees in the Klamath country, 
which in 1873 were doing well. It contains the minor settlements of Fort 
Klamath, Klamath Agency, Langell, Bonanza, Mergauser, Yainax, Tule Lake, 
and Sprague River. 

Simpson Wilson, born in Yamhill co. in 1849, is a son of Thomas A. Wil 
son, who migrated to Oregon in 1847. Father and son removed to Langell 
Valley, in what is now Klamath co. , in 1870, to engage in stock-raising. Simp 
son Wilson married, on the 16th of July, 1871, at Linkville, Nancy Ellen Hall, 
who came across the plains with her parents from Iowa, in 1858. This was 
the first marriage celebrated in Klamath co. They have 2 sons and 3 daugh 
ters, 

John T. Fulkerson was born in Williams co., Ohio, in 1840, his parents 
having migrated from N. Y. in their youth. In 1860 John T. joined a train 
of Arkansas emigi-ants under Captain Joseph Lane, migrating to Cal. and set 
tling in the San Joaquin Valley, where he remained until 1865, when he re 
moved to Jackson co., Oregon, and in 1867 to Laugell Valley, being one of 
the earliest settlers of this region, then still a part of Jackson co. He mar 
ried, in 1866, Ellen E. Hyatt, formerly of Iowa, who in crossing the plains a 
few years previous lost her mother and grandmother. They have 4 sons and 
3 daughters. 

Jonathan Howell, born in Guilford co., N. C., in 1828, and brought up in 
111. He came to Cal. in 1850, overland, and located in Mariposa co., residing 
there and in Merced and Tulare 9 years, after w Inch he returned to the east 
and remained until 1876, living in several states during that time. When he 
returned to the Pacific coast it was to Rogue River Valley that he came, re 
moving soon after to the Klamath basin, and settling near the town of Bo 
nanza. He married, in 1860, Susanna Statsman, born in Schuyler co., 111. 
They have living, 2 sons and 1 daughter. 

Thomas Jefferson Goodwyn, born in Suffolk co., England, in 1846, went to 
Australia in 1864, and from there migrated to Oregon ten years later, settling 
at Bonanza. He married Genevieve Roberts of Jackson co., in 1881, and has 
2 sons and 2 daughters. 

John McCurdy, born in Pugh co., Va, in 1836, and reared in 111. ; migrated 
to Portland, Oregon, in 1864, where he chiefly resided until 1880, when he 
settled in Alkali Valley, Klamath co. He married Frances M. Thomas of 
McDonough co., 111., in 1857. They had 2 sons and 1 daughter, when in im 
migrating hia wife died, and was buried in the Bitter Root Mountains. 



LAKE, LANE, AND LINN, 715 

McCurdy has a brother, Martin V., in Lassen co., Cal., and another brother, 
Joseph, in Nevada. 

Lake county, organized October 23, 1874, took its name from the number 
of lakes occupying a considerable portion of its surface. It formerly embraced 
Klamath county, and its first county seat was at Linkville. But by a vote 
of the people, authorized by the legislature, the county seat was removed to 
Lakeview, on the border of Goose Lake, in 1876, previous to the setting-off 
of Klamath county. It contains 6,768 square miles, less than 44,000 acres 
being improved. Its farms and buildings are valued at $451,000, the assessed 
valuation of real and personal property being about $700,000, and the total 
gross valuation over $1,039,000. This valuation is for the county of Lake 
before its division, there being nothing later to refer to. The population is 
less than 3,000 for the two counties of Lake and Klamath. The settlements 
are Drew Valley, Antler, Hot Springs, Chewaucan, White Hill, SumDer, and 
Silver Lake. 

Among the settlers of this comparatively new county are Thomas O. 
Blair, born in Ohio, who emigrated in 1859 by ox-team. Before starting he 
married Lovisa Anderson. They reside on Crooked Creek, near Lakeview. 
Charles A. Rehart, born in Perry co. , Ohio, came to Oregon overland in 
1865. He follows farming and sheep-raising in the Chewaucan Valley. He 
married Martha Ann Brooks in Dec. 1876. 

Michael Suit, born in Marion co. Ohio, emigrated overland to Oregon 
in 1859, in company with his sister, Mary Cruzan. He farms and raises stock 
at Summer Lake. He married, in 1880, Laura Bell Conrad. 

George Clayton Duncan, who was born in 111. in 1827, emigrated to 
Oregon in 1854, and resides at Paisley, in Lake co. He married Eliza Binehart 
in 1848. They have 3 sons and 3 daughters. 

Thomas J. Brattaiu, born in 111. in 1829, came to Oregon in 1850, over 
land, and resides at Paisley. He married Permetiu J. Gillespie in 1859. 
They have 3 sons and 1 daughter. There came with them to Oregon John, 
Alfred, William C., Francis M., and James C. Brattain, brothers; and Eliza 
beth Ebbert, Mary Brattain, Millie A. Smith, and Martha J. Hadley, sisters. 

Lane county, named after Joseph Lane, was organized January 24, 1851, 
out of Linn and Benton. Its southern boundary was defined December 22, 
1853. Its area is 4,492 miles, of which about 229,000 acres are improved. 
The value of farms and buildings is $4,600,000; of live-stock, $700,000; of 
farm products, $900,000; and of all taxable property, about $3,400,000. The 
population is between nine and ten thousand. Extending from the Cascade 
Mountains to the ocean, Lane county comprises a variety of topographical 
features, including the foot-hills of Calapooya Range, and the rougher hill 
land of the Coast Range, with the level surfaces of the Willamette plains. Its 
productions partake of this variety. Besides grains, vegetables, fruits, and 
dairy produce, it is the largest hop-producing county in Oregon, the crop of 
1882 selling for a million dollars. Eugene City, the principal town, was 
founded in 1847 by Eugene Skinner. It was chosen for the county seat by 
a vote of the people in 1853, and incorporated in 1864. It is well located, 
near the junction of the coast and McKenzie fork of the Willamette, at the 
head of navigation, surrounded by the picturesque scenery of the mountains 
which close in the valley a few miles farther south. It is the seat of the state 
university, with a population of about 1,200. Junction City, at the junction 
of the Oregon Central and Oregon and California railroads, was built up by 
the business of these roads. It was incorporated in 1872, and has between 
three and four hundred inhabitants. The lesser settlements are Cottage 
Grove, Divide, Latham, Cress well, Rattlesnake, Goshen, Springfield, Leaburg, 
Willamette Forks, Irving, Cartwright, Chesher, Linslaw, Spencer Creek, 
Camp Creek, Cannon, Crow .Dexter, Florence, Franklin, Ida, Isabel, Long 
Tom, McKenzie Bridge, Mohawk, Pleasant Hill, Tay, Trent, and Walterville. 

Linn county, named in honor of Lewis F. Linn of Missouri, was organized 
December 28, 1847, out of all that territory lying south of Champoeg and 
east of Benton. Its southern boundary was established January 4, 185 L, 



716 COUNTIES OF OREGON. 

giving an area of about 2,000 square miles, of which 256,000 acres are im 
proved. The valuation of farms and buildings for 1879 was over seven millions, 
of live-stock nearly a million, and of farm products almost a million and a 
half. The total valuation of assessable property reached to considerably over 
four million dollars. The population is between twelve and thirteen thou 
sand. This county has three natural divisions, the first lying between the 
north and south Santiam rivers; the second between Santiam River and Cala- 
pooya creek, and the third between Calapooya creek and the south boundary 
line, each of which has a business centre of its own. Albany, the county 
seat, founded in 1848 by Walter and Thomas Monti eth, named after Albany, 
N. Y., by request of James P. Millar, and incorporated in 1864, is the prin 
cipal town in the county, and the centre of trade for the country between the 
Santiam and Calapooya rivers. It has a fine water-power, and several manu 
factories, and is the seat of the presbyterian college. The population is 2,000. 
Brownsville, incorporated in 1874, Lebanon, and Waterloo, each with a few 
hundred inhabitants, are thriving towns in this section. Scio, in the forks of 
the Santiam, incorporated in 1866, is the commercial centre of this district, 
with a population of about 500. Harrisburg, situated on the Willamette River 
and the Oregon and California railroad, is the shipping point for a rich agri 
cultural region. It was incorporated in 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, Miller, 
Mount Pleasant, and Crawford sville. 

Marion 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 Willamette, 
north of a line drawn due east from the mouth of Pudding or Anchiyoke 
River to the Rocky Mountains. Or. Archives, 26. Its southern limit was fixed 
when Linn county was created, and the eastern boundary when the county 
of \Vasco was established in 1854. Its northern line was readjusted in Jan 
uary 1856, according to the natural boundary of Pudding River and Butte 
Creek, which adjustment gives it an irregular wedge shape. It contains about 
1,200 square miles, of which 200,000 acres are under improvement. Its farms 
and buildings are valued at nearly eight million dollars, its live-stock eight 
hundred thousand, and its annual farm products at more than a million and 
a half. The assessed valuation of real and personal property is four million 
dollars, of all taxable property over six millions. The population is between 
fourteen and fifteen thousand. Salem, the county seat and the capital of the 
state, was founded in 1841 by the Methodist Mission, and its history has been 
given at length. It was named by David Leslie, after Salem, Mass., in prefer 
ence to Chemeketa, the native name, which should have been retained. It 
was incorporated January 29, 1858, and has a population of about 5,000. The 
Willamette university, the state-house, county court-house, penitentiary, 
churches, and other public and private buildings, situated within large squares 
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 every sense the second city in the state. Gervais, named after Joseph 
Gervais of French Prairie, incorporated in 1874, is a modern town built up by 
the railroad. Butteville, which takes its name from a round mountain in the 
vicinity butte, the French term for isolated elevations, has been adopted 
into the nomenclature of Oregon, where it appears in Spencer butte, Beaty 
butte, Pueblo butte, etc. is an old French town on the Willamette at the 
north end of French prairie, but not so old as Champoeg in its vicinity. 
They both date back to the first settlement of the Willamette Valley, and 
neither have more than from four to six hundred in their precincts. Jeffer 
son, the seat of Jefferson Institute, was founded early in the history of the 
county, although not incorporated until 1870. It is situated on the north 



MARION AND MULTNOMAH. 717 

bank of the Santiam 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 Pudding River, on which it is situated, and both from the supposed 
discovery of silver mines at the head of this and other streams in Marion 
county, about 1857. It was not incorporated until 1874. Aurora was founded 
by a community of Germans, under the leadership of William Keil, in 1855. 
The colony was an offshoot of Bethel colony in Missouri, also founded by 
Keil in 1835. On the death of Keil, about 1879, the community system was 
broken up. Three hundred of these colonists own 16,000 acres of land at 
Aurora. Moss Pictures Or. City, MS., 82; Decides Hist. Or., MS., 78; S. F. 
Post, July 28, 1881. Other towns and post-offices in the county are Hubbard, 
named after Thomas J. Hubbard, who came to Oregon with Wyeth and settled 
in the Willamette Valley, Sublimity, Mohama, Fairfield, Aumsviile, Turner, 
Wliiteaker, Stayton, Woodburn, Bellpasie, Stipp, Brooks, Saint Paul, and 
Daly s Mill. 

Multnomah county, which has taken a local Indian name, was organized 
December 23, 1854, out of Washington and Clackamas counties. Its boun 
daries were finally changed October 24, 1864. It is about fifty miles long by 
ten in width, and comprises a small proportion of agricultural land, being 
mountainous and heavily timbered. Less than 27,000 acres are tinder im 
provement, the value of farms, including buildings and fences, being $2, 283,- 
000, of live-stock less than $200,000, and of farm produce not quite $400, 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 value of productions approaches three millions. Portland, founded in 
1845 by A. L. Lovejoy and F. W. Pettygrove, and named after Portland, 
Maine, by the latter, is the county seat of Multnomah, and the principal 
commercial city of Oregon. It was first incorporated in January 1851, at 
which time its dimensions were two miles in length, along the river, and 
extending one mile west from it. Portland Orer/onian, April 15, 1871. The 
city government was organized April 15, 1851. There is no copy of the incor 
poration act of 1851 in my library, but the act is mentioned by its title in the 
Oregon Statesman for March 28, 1851, and the date is also given in an article 
by Judge Deady in the Overland Monthly, i. 37. The first mayor chosen 
was Hugh D. O Bryant. The ground being thickly covered with a fir forest, 
there was a long battle with this impediment to improvement, and for twenty 
years a portion of the town site was disfigured with the blackened shafts of 
immense trees denuded of their branches by fire. The population increased 
slowly, by a healthy growth, stimulated occasionally by military operations 
and mining excitements. In 1850 shipping began to arrive from S. F. for 
lumber and farm products, and Couch & Co. despatched the first brig to 
China the Emma Preston. On the 4th of December of that year the first 
Portland newspaper, the Weekly Orefjonian, was started by Thomas J. Dryer. 
In March 1851 the steamship Columbia began running regularly between S. 
F. and Portland, with the monthly mails. The Columbia, after running on 
this line for ten years, was burned in the China seas. In 1853 the first brick 
building was erected by William S. Ladd. In 18G5 there were four churches, 
one public school, one academy, four printing-ofiices, four steam saw-mills, 
a steam flouring mill, and about forty dry-goods and grocery stores, the cash 
value of the real and personal property of the town being not much short of 
two and a half millions. 

In 1856 the city government took the volunteer fire-companies in charge 
and purchased an engine. Pioneer Engine Company No. 1 of Portland, the 
first organized fire-company in Oregon, was formed in May 1851. Its foreman 
was Thomas J. Dryer of the Ore<jonian, assistant foreman D. C. Coleman, 
secretary J. B. Meer, treasurer William Seton Ogden. Among the members 
were some of Portland s most honored citizens, but they had no engine. 
Vigilance Hook and Ladder Company No. 1 was the next organization, iu 



718 COUNTIES OF OREGON. 

July 1853; foreman J. B. Smith, assistant foreman H. W. Davis, secretary 
Charles A. Poore, treasurer S. J. McCormick. In August of the same year 
Willamette Engine Company No. 1 was organized, and secured a small engine 
owned by G. W. Vaughn. The company was officered by foreman N. Ham, 
assistant foreman David Monastes, second assistant A. Strong, secretary A. 
M. Berry, treasurer Charles E. Williams. It was admitted to the depart 
ment in July 1854, and furnished with an engine worked by hand, provided 
by the city council in 1856, since replaced by a steam apparatus. Multno- 
inah Engine Company No. 2 was admitted to the department in November 
1856, using Vaughn s small engine for a year, when they were supplied M r ith 
a Hunneman engine, the money being raised by subscription. Its first officers 
were James A. Smith president, B. L. Norden secretary, W. J. Van Schuy ver 
treasurer, William Cummings foreman. These three companies composed the 
fire department of Portland down to June 1859, when Columbia Engine Com 
pany No. 3 was organized. In October 1862 Protection Engine Company No. 
4 was added; and in 1873 Tiger Engine Company No. 5. - A company of exempt 
firemen also exists, having a fund from which benefits are drawn for the relief 
of firemen disabled in the discharge of their duty. Portland has suffered 
several heavy losses by fire, the greatest being in August 1873, when 250 
houses were burned, worth $1,000,000. This conflagration followed close upon 
a previous one in December 1872, destroying property worth $250,000. The 
Portland fire department in 1879 numbered 375 members, composed of respect 
able mechanics, tradesmen, merchants, and professional men. Each of the six 
companies had a handsome brick engine-house and hall. A dozen alarm-sta 
tions were connected by telegraph with the great bell in a tower seventy feet 
in height. In 1881 steps were taken to secure a paid fire department, which 
was established soon after. Water-works for supplying the town with water 
for domestic purposes were begun in this year by Stephen Coffin and Robert 
Penland, under a city ordinance permitting pipes to be put down in the 
streets. The right was sold to Henry D. Green in 1860. In 1868 there 
were eight miles of mains laid, and two reservoirs constructed. The price of 
water at this date was $2.50 a month for the use of an ordinary family. A 
charter was granted to Green to manufacture gas for illuminating Portland, 
by the legislature of 1858-9, the manufactory being completed about the 
spring of 1860. Laws Or., 1858-9, 55; Or. Argus, Sept. 24, 1859; Oregonian, 
Jan. 21, 1860. Price of gas in 1868, $6 per 1,000 feet. 

The first theatre erected in Oregon was built by C. P. Stewart at Portland 
in 1858. It was 100 feet long by 36 wide, and seated 600 persons. It opened 
November 23d with a good company, but was never permanently occupied. 
Or. Statesman, Nov. 30, 1858. In 1864 theatricals were again attempted, the 
Keene company and Julia Deane Hayne playing here for a short season. In 
1868 a theatre was opened, called the Newmarket, and used for any musical or 
theatrical performance; but down to 1884 no special theatre building was 
erected, or theatrical representations kept going for more than a few weeks in 
the year. Portland, besides lacking the population, was domestic and home- 
loving in its habits, and also somewhat religious in the middle classes, pre 
ferring to build churches rather than theatres. The population at this time 
was but 1,750, there being but 927 voters in Multnomah county. In 1860 the 
population had increased to nearly 3,000; in 1862 to a little over 4,000; in 1864 
to 5,819, and in 1877 to 6,717. In 1870 the census returns gave 8,300 ; Since 
that time the increase has been little more marked, the census of 1880 giving the 
population at 17,600, to which the five years following added at least 5,000. 
The original limits were increased, by the addition of Couch s claim on the 
north and Caruthers claim on the south, to about three square miles, most 
of which is laid out, with graded, planked, or paved streets. One line of 
street-cars, put in operation in 1868, traversed First Street, parallel with the 
river-front, and one, incorporated in 1881, ran back to and on Eleventh Street. 
The general style of domestic architecture had improved rapidly with the 
increase of wealth and population, and Portland business houses became costly 
and elegant. The gross cash value of property in Portland in 1868 was about 



MULTNOMAH AND PORTLAND. 719 

ten millions, and in 1884 was not far from eighteen millions. Deady, in Over 
land Monthly, i. 38; Reid s Progress of Portland, 23. The principal public 
building in Portland in 1868 was the county court-house on Fourth S^eet, 
which cost about $100,000, built of brick and stone in 1866. The United 
States erected the post-office and custom-house building on Firth Street, of 
Bellingham Bay freestone, in 1869-70, at a cost, with the furniture, of $450,- 
000. The methodist church on Taylor Street was finished in 1869 the first 
brick church in the city costing $40,000. The Masonic Hall and Odd Fel 
lows Temple were erected about this time, and the market and theatre on 
First Street. From this period the improvement in architecture, both do 
mestic and for business purposes, was rapid, and the laying-out and paving or 
planking of streets proceeded at the rate of several miles annually. A 
million dollars was expended in enlarging the gas and water works between 
1868 and 1878. A mile and a quarter of substantial wharves were added to 
the city front, and a number of private residences, costing from $20,000 to 
$30,000, were erected. Since 1877 these fine houses have multiplied, that of 
United States Senator Dolph and ex-United States Attorney-general Williams 
being of great elegance, though built of wood. The squares in Portland be 
ing small, several of the rich men took whole blocks to themselves, which, 
being laid out in lawns, greatly beautified the appearance of the town. 

Among the prominent business men of Portland, who have not been hith 
erto named, I may mention Donald Macleay, who was born in Scotland in 
1834, and when a young man went to Canada, where he engaged in business 
at Richmond, in the province of Quebec. From there he came to Portland in 
1866, going into a wholesale grocery trade with William Corbitt of San Fran 
cisco, and carrying on an importing and exporting business. In 1869 his 
brother, Kenneth Macleay, was admitted to the firm, which does a large ex 
port trade, and has correspondents in all the great commercial cities. This 
firm made the first direct shipment of salmon to Liverpool, and is interested 
at present in salmon -canning on the Columbia. It has exported wheat since 
1869-70, and more recently flour also, being the first firm to engage in the 
regular shipment of wheat and flour to London and Liverpool. In 1872-4 
it purchased several ships, which were placed in the trade with China, Aus 
tralia, and the Sandwich Islands. One of these, the Mattie, Macleay, was 
named after a daughter of D. Macleay. Since his ad vent in Portland, Macleay 
has been identified with all enterprises tending to develop the country. He 
is one of the directors of the Cal. & Or. R. R., and has been vice-president; 
and has been vice-president of the N. W. Trading Co. of Alaska, in which he 
is a stockholder, a director in the Southern Or. Development Co. ; local presi 
dent of the Or. & Wash. Mortgage Savings Bank of Scotland, which brought 
much foreign capital to the country; and trustee of the Dundee Trust Invest 
ment Co. of Scotland, representing a large amount of capital in Oregon and 
Washington. For several terms he has been president of the board of trade, 
and at the same time has not been excused from the presidency of the Arling 
ton Club, or the British Benevolent and St Andrews societies. Few men, 
have discharged so many and onerous official duties. 

Richard B. Knapp was born in Ohio in 1839, where he resided until 1858, 
when he went to Wisconsin, from which state he came to Oregon the follow 
ing year. In 1860 his brother, J. B. Knapp, together with M. S. Burrell, 
founded the house of Knapp & Burrell, dealers in hardware and agricultural 
implements, to which he was admitted in 1862, and from which his brother 
retired in 1870. This house was the first to engage in the trade in agricultu 
ral machinery, for a long time the only one, and is still the most important 
in the north-west. It has done much to develop the farming interest of 
eastern Oregon and Washington, and recently of British Columbia. 

Although Portland is 112 miles from the sea, and twelve above the junc 
tion of the Willamette with the Columbia, it was made a port of entry for the 
district of the Willamette. In 1848, when the territory was established, 
congress declared a collection district, with a port of entry at Astoria, the 
president to name two ports of delivery in the territory, one to be on Puget 



720 COUNTIES OF OREGON. 

Sound. Nisqually and Portland were made ports of delivery by proclamation 
January 10, 1850, and surveyors of customs appointed at $1,000 per year. 
About the time when there had begun to be some use for the office it was 
discontinued, 1861, and foreign goods were landed at Portland in charge of 
an officer from Astoria. But in July 1864 an act was approved again making 
Portland a port of delivery, U. S. 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, 
in 8. F. Bulletin, July 6, 1864. The legislature of 1864, by resolution, still 
insisted on having a port of entry at Portland; and again, by resolution, in 
1866 declared the necessity of a bonded warehouse, suggesting that the gov 
ernment erect a building for the storage of goods in bond, and for the use of 
the federal courts and post-office. Such an appropriation was made in 1868, 
and the bonded warehouse erected in 1869-70, in which latter year Portland 
was the port of entry of Willamette collection district. Cong. Globe, 1869-70, 
ap. 664-5. Later steam-vessels for Portland entered at Astoria (Oregon dis 
trict) and cleared from there to Portland (Willamette district). Outward 
bound they cleared at Portland, entering and clearing again at Astoria, 
some sailing vessels doing the same. The harbor is safe though small, the 
channel requiring the constant use of a dredger. Pilotage to Portland and 
insurance were high, drawbacks which it was believed would be overcome by 
the application to river improvements of a hoped-for congressional appropria 
tion. A comparison of the exports and imports of the two districts are thus 
given in Fai-risKs Commercial and Financial Review for 1877, 20-4. Foreign 
exports cleared from Portland to the value of $3,990,387; from Astoria, 
$2,451,357. Foreign imports entered at Portland, $461,248; entered at As 
toria, $27,544. The number of coastwise vessels entered at Portland in this 
year was 177, with an aggregate tonnage of 188,984. The clearances coast 
wise were 114, with a tonnage of 125,190. The number of foreign vessels 
entering was 37, with a total tonnage of 12,139. Most if not all, of these 
vessels loaded with wheat and salmon for English ports. About an equal 
number of American vessels for foreign ports loaded with wheat and fish. 
The wheat was taken on at Portland and the salmon at Astoria. At the close 
of 1878 the wholesale trade of three firms alone exceeded nine million dollars. 
Eight ocean steamers, sixty river steamers, three railroads, and a hundred 
foreign vessels were employed in the commerce of the state which centred at 
Portland, together with that of eastern Washington and Idaho. The year s 
exports from the city amounted to $13,983,650. The value of real estate sales 
in the city 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 Multnomah Council of Kadosh, 30th 
Degree, No. 1; Ainsworth Chapter of RoseCroix, 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; Willamette 
Lodge No. 2, Harmony Lodge No. 12; Portland Lodge No. 55; Masonic 
Board of Relief; Washington Lodge No. 46, East Portland. The Masons 
have a fine building on Third Street. The Grand Lodge of Odd Fellows meets 
annually at Portland in the Odd Fellows Temple, a handsome edifice on First 
Street. Ellison Encampment No. 1, Samaritan Lodge No. 2, Hassalo Lodge 
No. 15, Minerva Lodge No. 19, Orient Lodge No. 17, all have their home in 
Portland. The Improved Order of Red Men have three tribes, Multnomah 
No. 3, Oneonta No. 4, Willamette No. 6. The Great Council meets where it 
is appointed. The Good Templars have three lodges, Multnomah No. 12, 
Nonpareil No. 86, Portland Lodge No. 102, and a Grand Lodge of Deputies. 



CITY OF PORTLAND. 721 

The Knights of Pythias have two lodges, Excelsior No. 1 and Mystic No. 2. 
The First Hebr?w Benevolent Association of Portland and Independent Order 
of B nai B rith represent the benevolence of the Jewish citizens; the Hibernian 
Benevolent Association and United Irishmen s Benevolent Association, the 
Irish population; St Andrews Society, the Scotch; the Scandinavian Society, 
the north of Europe people; the British Benevolent Society, the English resi 
dents; the German Benevolent Society, the immigrants from Germany each 
for the relief of its own sick and destitute. 

St Vincent de Paul Society relieves the needy of the catholic church. 
The Ladies Relief Society sustains a home or temporary shelter for destitute 
women and children; the ladies of the protestant Episcopal church support 
the orphanage and Good Samaritan Hospital; and a General Relief Society 
gives assistance to whoever is found otherwise unprovided for. Of military 
organizations, there were the City Rifles, Washington Guard, and Emmet 
Guard. Of miscellaneous organizations, there were the Grand Army of the Re 
public, the Multnomah Coimty Medical Society, the Ladies Guild of the Epis 
copal Church, German-American Rifle Club, Portland Turn Verein, Father 
Matthew Society, Olympic Club, Oregon Bible Society, Workingmen s Club, 
Young Men s Catholic Association, Alpha Literary Society, and Althean Lit 
erary Society. 

Between 1878 and 1882 two public schools were added, a mariners home, 
a new presbyterian church, a pavilion for the exhibition of the industrial arts 
and state products, beside many semi-public buildings and private edifices. 
Nearly three million dollars were expended in 1882 in the erection of resi 
dence and business houses; and about four millions in 1883 upon city improve 
ments of every kind. The wholesale trade of Portland for 1882 reached 
forty millions, inceasing in 1883 to about fifty millions. Much of this busi 
ness was the result of railroad construction and the sudden development of 
eastern Oregon and Washington, all the supplies for which were handled at 
Portland. The opening of the Northern Pacific in the autumn of 1883 
began to tell upon the rather phenomenal prosperity of Portland from 1873 to 
1883, much of the wholesale trade of the upper country being transferred 
to the east. The improvements made by the Oregon Railway and Navigation 
Company have, however, been of much permanent benefit to Portland, one of 
the most important being the dry-dock, over 400 feet long, over 100 feet wide, 
and 50 feet deep, for the construction and repair of sea-going vessels. It 
was found after completion that the bottom rested upon quicksand, which 
necessitated expensive alterations and repairs. The filling up of low ground 
and covering it with substantial machine-shops, warehouses, car manufactories, 
and depot buildings added not only to the appearance but the healthfuliiess 
of the environs of the city. 

The suburbs of Portland are pleasant, the drives north and south of the 
city affording charming glimpses of the silvery Willamette with its woody 
islands and marginal groups of graceful oaks. Back of the city, lying on a 
hillside, with a magnificent view of the town, the river, and five snowy 
peaks, is the reat park of the city, long remaining for the most part in a state 
of nature, and all the more intenesting for that. A few miles south on the 
river road was placed the cemetery, a beautiful situation overlooking the river, 
with a handsome chapel and receiving-vault. The ground was purchased 
and laid off about 1880. Previous to this, the burial-ground of Portland had 
been on the east side of the river, and inconvenient of access. 

East Portland, built upon the land claim of James Stevens, who settled 
there in 1844, had in 1884 a population of about 1,800. It was incorporated 
in 1870. East Portland was connected with Portland by a steam-ferry in 
1868. A drawbridge completed the union of the two towns, which were made 
practically one. Several additions were made to Ea^t Portland. About the 
time of its incorporation, Ben Holladay bought a claim belonging to Wheeler 
on the north end, and laid it out in lots. McMillan also laid off his claim north 
of Holladay. Sullivan and Tibbets laid out a town, called Brooklyn, on the 
south. Albina is a manufacturing town north of McMillan s addition, and 
HIST. OB., VOL. II. tf 



722 COUNTIES OF OREGON. 

was founded about 1869 by Edwin Russell, proprietor of the iron-works at 
that place, who failed, and left it just in time for other men to make fortunes 
out of it. 

Sellwood, named after the episcopalian ministers of that name, was laid 
off in 1882, during the land speculation consequent upon railroad building. 
St John, six miles below East Portland, is an old settlement, with a few man 
ufactories. Troutdale, six miles east of Portland, Mount Tabor, Powell 
Valley, Arthur, Leader, Pleasant Home, Rooster Rock, and Willamette 
Slough are the lesser settlements of Multnomah county. 

Polk county, named after James K. Polk, was organized as a district De 
cember 22, 1845, and comprised the whole of the territory lying south of 
Yamhill district and west of a supposed line drawn from the mouth of Yam- 
hill River to the 42d parallel. Its southern boundary was established in 1847, 
and its western in 1853, when the counties of Benton and Tillamook were 
created. Its present area is about 650 square miles, of which over 167,000 
acres are improved. The valuation put upon its farms and improvements is 
over four and a half millions, its live-stock in 1884 was valued at $600,000, 
and its farm products at $1,200,000. The real and personal property of the 
county was assessed at a little short 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 1850-1, and incorporated in 1874. An act was 
passed for the relocation of the county c-eat in 1876, but Dallas was again 
chosen by the popular vote of the county. It is a prettily located town of 
700 inhabitants, with a good water-power, several manufactories, and a private 
academy. Independence, situated on the Willamette River, was incorporated 
in 1874, has a population of 700, and is a thriving place. Monmouth, the seat 
of the Christian college, is a flourishing town of 300 inhabitants in a populous 
precinct. It was founded by S. S. Whitman, T. H. Lucas, A. W. Lucas, J. 
B. Smith, and Elijah Davidson, for a university town. It was incorporated 
in 1859. Buena Vista, on the Willamette, had a population of two or three 
hundred. In it was the chief pottery in Oregon. It was incorporated in 
1876. Bethel, Luckiamute, Eola, founded in 1851 by William Durand, 
Grand Rond, Elk Horn, Brooks, Lincoln, Lewisville, Ballston, Crowley, 
McCoy, Parker, Perrydale, Zena, and Dixie, are the lesser 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 1,600 square miles. Lumbering and 
dairying are the chief industries, and little farming is carried on. The value 
of improvements of this kind is between four and 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 bay. 
The whole white population of the county is less than a thousand, including 
the towns of Nestockton, Kilchis, Garabaldi, and Nehalem. The Siletz 
Indian reservation is in the southern end of the county. 

Umatilla county, the aboriginal name, was organized September 27, 1862, 
out of that portion of Wasco county lying between Willow Creek on the west 
and the summit of the Blue Mountains on the east, and between the Columbia 
on the north and the ridge dividing the John Day country from the great 
basin south of it. Its boundaries have since been made more regular, and its 
present area is 6,500 square miles. There are over 144,000 acres of improved 
land in the county, valued, with the buildings and fences, at over two and a 
half million dollars, the farm products a little less than a million, and the 
live-stock at $1,800,000. The assessed valuation of real and personal property 
in the county is $2,094,000. Population in 1884, 10,000. Pendleton, the 
county seat, named after George H. Pendleton, was founded in 1868 by com 
missioners appointed for the purpose, and incorporated October 23, 1880. It 
is situated on the Umatilla River, in the midst of a beautiful country, and 
pn the edge of the reservation of the Umatillas, with whom, as well aa 



UMATILLA AND UNION". 723 

with the country about, it enjoys a good trade. The population is about 
1,000. Umatilla City, settled in 1862, was first called Cain s landing, then 
Columbia, and finally incorporated as Umatilla in 1864. It was the place of 
transfer for a large amount of merchandise and travel destined to the Boise 1 
and Owyhee mines, as well as the most eastern mining districts of Oregon, 
and carried on an active business for a number of years. It became the 
county seat in 1865, by special election. The establishment of Pendleton in 
a more central location, and the withdrawal of trade consequent on the 
failure of the mines, deprived Umatilla of its population, which was re 
duced to 150, and caused the county seat to be removed to Pendleton. 
Weston, on Pine Creek, a branch of the Walla Walla River, was named after 
Weston, Missouri, and incorporated in 1878. It is purely an agricultural 
town, with three or four hundred inhabitants, beautifully situated, and pros 
perous. The minor towns and settlements are Meadowville, Milton, Heppner, 
Pilot Rock, Centreville, Midway, Lena, Butter Creek, Agency, Cayuse, Cold 
Spring, Echo, Hardmann, Hawthorne, Helix, Moorhouse, Pettysville, Purdy, 
and Snipe. 

Union county, so named by unionists in politics, was created October 14, 
1804, to meet the requirements of a rapidly accumulating mining population, 
La Grande, upon the petition of 500 citizens, being named in the act as the 
county seat until an election could be had. It occupies the extreme north 
east corner of the state, touching Washington and Idaho. Its area embraces 
5,400 square miles, of which aboiit 95,000 acres are improved, the farms and 
buildings being valued atone and a half millions; the live-stock of the county 
at $1,029,000, and the farm products at $432, 000. The valuation of real and 
personal property for the tenth census was given at considerably over a million 
and a quarter. The population was about 7,000. The chief industries are 
stock-raising, sheep-farming, and dairying. Union City was founded in the 
autumn of 1862, by the immigration of that year, at the east end of Grand 
Ilond Valley, in a rich agricultural region. It w r as chosen for the county 
seat in 1873, by a vote of the people, and incorporated in 1878. Its popula 
tion is eight hundred, and rapidly increasing. D. S. Baker and A. H. Rey 
nolds of Walla Walla erected a flouring mill at Union in 1864, the first in 
Grand Rond Valley. La Grande was founded in October of 1861 by Daniel 
Chaplin, the first settler in the valley. It took its name from reminiscences 
of the French voyageurs, la grande valle e, a term often applied to the Grand 
Rond Valley. The town w r as made the temporary seat of Union county by 
act of the legislature in 1864, and incorporated in 1865. A land-office was 
established here in 1867, for the sale of state lands, Chaplin being appointed 
receiver. In 1872 this district was made identical with theU. S. land district 
of La Grande. La Grande is also the seat of the Blue Mountain University. 
The population is 600. Sparta, Oro Dell, Island City, Cove, and Summer- 
ville are the lesser towns of Grand Rond Valley; and Lostine, Joseph, and 
Alder of Wallowa Valley. Elk Flat, Keating, New Bridge, Pine Valley, 
Prairie creek, and Slater are the other settlements. 

Among the residents of Union county who have furnished me a dictation 
is James Quincy Shirley, who was born in Hillborough, N. H., in 1829, and edu 
cated in New London. He came to California in 184-9, by sea, and mined at 
Beal s Bar on American River. He was in the neighborhood of Downieville 
2 years, trading in cattle, which he bought cheap at the old missions, and sold 
high to the miners. He remained in the business in different parts of the state 
until 1862, when he started with a pack-train of goods for Idaho, but had 
everything taken from him by Indians, near Warner Lake, from which point 
he escaped on foot to Powder River with his party, and went to the Florence 
mines. From Idaho he went to Portland, and by the aid of a friend secured 
employment under the government, but left the place and cut and sold hay 
in Nevada the following year, getting $25 and $30 per ton at Aurora. In 1864 
he again purchased cattle, at $2.50 per head, driving them to Montana, where 
they sold for 814. Horses for which he paid $14 sold for from $30 to $80. This 
being a good profit, he repeated the trade the following year, driving his 



724 COUNTIES OF OREGON. 

stock through Nevada, and purchasing old Fort Hall, which he resold to the 
government 3 years afterward. In 1869 he settled in Raft River Valley, 
Idaho, where he had a horse and cattle rancho. In the autumn he shipped 
the first cattle ever carried on the Central Pacific railroad from Humboldt 
House to Niles, Cal. He continued in this trade for several years longer, 
and in 1883 sold out his stock and land at Raft River for $100,000, bought 
10,000 sheep and placed them on a range in Utah. After looking over new 
and old Mexico for land, he finally settled in Union co., Oregon, where he 
raises grain, and buys and sells cattle, an example of what can be done if the 
man knows how to do it. His real property lies in 4 different states and ter 
ritories, and he has $100,000 in live-stock. 

Wasco county, named after an Indian tribe inhabiting about the dalles of 
the Columbia, was organized January 11, 1854, comprising under the act 
creating it the whole of eastern Oregon, these boundaries being reduced 
from time to time by its division into other counties. Its area is 6,250 square 
miles, of which about 80,000 acres are improved, valued at $1,700,000. The 
products of farms were valued at a little less than half a million for 1879, 
while the live-stock of the county was assessed at not quite two millions. 
The gross valuation of all property in 1881-2 was set down at about four and 
a half millions, and of taxable property $3,220,000. The population of the 
county at the tenth census was not much over 11,000. Wasco county pos 
sesses a great diversity of soil, climate, and topography. There is a large 
extent of excellent wheat land, and an equal or greater amount of superior 
grazing land. More sheep and horses were raised in Wasco than in any other 
county, while only Baker exceeded it in the number of horned cattle. The 
Dalles is the county seat of Wasco. Its name was first given it by the 
Hudson s Bay Company, whose French servants used a nearly obsolete word 
of their language dalle, trough or gutter to describe the channel of the 
Columbia at this place. By common usage it became the permanent appella 
tive for the town which grew up there, which for a time attempted to add 
* city to Dalles, but relinquished it, since which time The Dalles only 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 March 1838, abandoned in 1847, taken possession of by the U. S. military 
authorities, partially abandoned in 1853, and settled upon as a donation 
claim in that year by Winsor D. Bigelow. During the mining rush of 1858- 
65 it became a place of importance, which position it has continued to hold, 
although for many years under a cloud as to titles, as related in another 
place. It was incorporated January 2G, 1857. It was once contemplated 
establishing a branch mint at The Dalles for the coinage of the products of 
the mines of Oregon, Washington, Idaho, and Montana. Such a bill was 
passed by congress, and approved July 4, 1864. An edifice of stone was par 
tially erected for this purpose, but before its completion the opening of the 
Central Pacific railroad rendered a mint in Oregon superfluous, and the build 
ing was devoted to other uses. Down to 1882 The Dalles w r as the transfer 
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 
various parts of the upper country to Portland, a large portion of the traffic 
which formerly centred here was removed. Yet, geographically, The Dalles 
remains a natural centre of trade and transportation, which, on the comple 
tion of the locks now being constructed at the Cascades, must confirm it as 
the commercial city of eastern Oregon. The Dalles has several times suffered 
from extensive conflagrations. The last great fire, in 1879, destroyed a million 
dollars worth of property. A land-office for the district of The Dalles was 
established here in 1875. The lesser towns and settlements in Wasco county 
are Cascade Locks, Hood River, Celilo, Spanish Hollow, Bake Oven, Lang s 
Landing, Tyghe Valley, Des Chutes, Mount Hood, Warm Spring Agency, 
Antelope, and Scott. There are a number of other post-offices in Wasco 
county as it was previous to the division into Crook and Wasco in 1882, which 
I have not put down here because it is doubtful to which county they belong. 



WASHINGTON AND YAMHILL. 725 

They are Alkali, Blalock, 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 native of 
Ohio, came to Oregon overland, via Platte and Snake rivers, in 1850, in com 
pany with C. H. Haines, Samuel Ritchie, Washington Ritchie, S. B. Roberts, 
J. H. Williams, his father Linn Brooks, his mother E. Brooks, his brothers 
B. S. and H. J. Brooks. Samuel settled at The Dalles, and married Annie 
Pentland, daughter of Robert Pentland, in 1872. He is among the prominent 
men of Wasco county. 

Washington county was established under the name of Twality district, 
the first of the four original political divisions of Oregon, on the 5th of July, 
1843, and comprised at that time all of the territory west of Willamette and 
north of Yainhill rivers, extending to the Pacific ocean on the west, and aa 
far north as the northern boundary line of the United States, then not deter 
mined. Its limits have several times been altered by the creation of other 
counties, and its name was changed from Twality to Washington September 
4, 1849. Its area is 682 square miles, 62,000 acres of which is improved 
land, valued with the improvements at about three and a half million dollars. 
The live-stock of this county is all upon farms, and is assessed at a little less 
than four hundred thousand. The farm products of 1879 were valued at over 
700,000. The state returns for 1881-2 make the gross valuation of all prop 
erty $3,717,000, and the total of taxable property over two and a half millions. 
The population is between seven and eight thousand. A considerable portion 
of the northern part of Washington county is heavily timbered and moun 
tainous, but its plains are famed for their productiveness, and the face of the 
country is beautifully diversified. Hillsboro, founded by David Hill, one of 
the executive committee of Oregon in 1843, is the county seat. It was incor 
porated in 1876. The population is about five hundred. Forest Grove, the 
seat of Pacific University, has 600 inhabitants. It was founded by Harvey 
Clark in 1849, and incorporated in 1872. The U. S. Indian school, founded 
in 1879, is located at Forest Grove. The location of the university town at 
the edge of the foot-hills of the Coast Range, in the midst of natural groves of 
oak-trees, gives an academic air to the place, and certain propriety to the 
name, which will be lost sight of in the future should not the forest beauties 
of the place be preserved. The lesser towns are Cornelius, Gaston, Dilley, 
Gale s Creek, Cedar Mill, Bethany, Beaverton, Glencoe, Greenville, Ingles, 
Laurel, Middleton, Mountain Dale, Sch oil s Ferry, Tualatin, and West Union. 

Harley McDonald, born in Foster, R. I., in 1825; came to Cal. in 1849 by 
sea, and to Oregon the following year, locating at Portland. His occupation 
was that of architect and draughtsman. He built the steamer Hoosier, one of 
the first on the upper Willamette, in 1851; the first theatre in San Francisco; 
the first wharf and first church in Portland; the first railroad station at Salem; 
and is engaged by the government to erect school-houses on the Indian reser 
vations. He married, in 1848, Betsy M. Sansom, and has 8 children, one son 
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 and 
abridged until it contained a little more than 750 square miles. The amount 
of improved land is 119,000 acres, valued, with the improvements, at 5,518,- 
000. The value of live-stock is over half a million, and the yearly product of 
the farms is about a million and a half. The valuation of real and personal 
estate is in excess of two and a half millions, and the population is 8,000. This 
county is famed for its wheat-producing capacity, as well as for its many beau- 
ful features. Lafayette, once county seat, is situated on the Yamhill River, 
which is navigable to this point. It was founded by Joel Perkins about 1851, 
and named by him after Lafayette, Indiana. Perkins was murdered, while 
returning from California in July 1856, by John Malone, who hanged himself 



726 MANUFACTURES. 

in jail after confessing the act. Or. Statesman, Aug. 12, 1856; Deady\<* Ffit. 
Or., MS., 78. It was chosen for the seat of the county in August 1858. It3 
court-house, erected in 1859 at a cost of $14,000, was the pride of the county 
at that time, but its age is now against it, and it does not do credit to so rich 
a county. The population of Lafayette is 600. The town was incorporated 
in 1878. McMinnville, founded by William T. Newby in 1854, was named 
after his native town in Tennessee. It is the seat of the baptist college, is 
on the line of the Oregon Central railroad, and has a population of 800. Its 
incorporation was in 1872. Dayton, founded by Joel Palmer on land pur 
chased of Andrew Smith, and named after Dayton, Ohio, is a pretty town, on 
the Yamhill River, of 300 inhabitants, and the initial point of the Dayton, 
Sheridan, and Grand Rond narrow-gauge railroad. It is a shipping point for 
the wheat grown in the county, which is here transferred from the railroads 
to steamboats, and carried down the Yamhill arid Willamette Rivers to Port 
land or Astoria. Dayton has a grain elevator and mills. It was incorporated 
in 1880. Sheridan, at the present western terminus of the narrow-gauge 
railroad, is a picturesque town of less than 200 inhabitants, named after 
General P. Sheridan, who as a lieutenant was stationed at Fort Yamhill, 
near here. It was settled in 1847 by Absolem B. Faulconer, and incorporated 
in 1880. Amity, founded in 1850, is another pretty village, in a fine agricul 
tural region, incorporated in 1880. The minor settlements are Bellevue, 
Carlton, Ekins, Ncwburg, North Yamhill, West Chehalem, and Willamina. 

There was a proposition before the legislature of 1882 to create one or 
more counties out of Umatilla. By a comparison of the wealth of the several 
counties of Oregon, it is found that the amount per capita is largest in Mult- 
noraah, which is a commercial county. The agricultural counties of the 
Willamette Valley rank, Linn first, Yamhill second, Lane third, and Marion 
fourth, Clackamas ranking least. The coast and Columbia-River counties 
fall below the interior ones. In the southern part of western Oregon there is 
also much less wealth than in the W 7 illamette Valley, Douglas county, how 
ever, leading Jackson. In eastern Oregon, Umatilla leads the other counties 
in per capita wealth, Grant, Union, W r asco, Lake, and Baker following in the 
order named. This may be different since the cutting-off of Crook county, 
which took much of the best portion of Wasco. The comparative amount of 
wheat raised in 1880 was greatest in Marion county, which raised 1,000,000 
bushels, Yamhill, Umatilla, Linn, and Polk following with nearly 1,000,000 
each. Clackamas county raised less than 500 bushels. But Clackarnas pro 
duced $80,000 worth of fruit, being the second fruit county, Linn leading the 
state. Lake raised almost none, Curry, Clatsop, and Tillamook very little, 
and all the other counties from $4,000 to $^77,000 worth, all but three, Baker, 
Grant, and Columbia, producing over $10,000 worth, and nine of them from $30,- 
000 to $57,000 worth. The gross value of the fruit crop was over $581,000. 
From this general and comparative review of the counties and towns of the 
state, as taken from the assessors statistics, to which a large amount in values 
may safely be added, the condition of the population at large may be gathered, 
especially as refers to agriculture. Manufactures are considered under a 
separate head. 

MANUFACTURES. 

The earliest manufactured product of Oregon was lumber. From the 
building of the first mills for commercial purposes, in 1844, to 1885, this has 
continued to be a grand staple of the country. At the last date mentioned 
there were over 228 saw-mills in the state, costing over a million and a half 
of dollars, and producing annually lumber valued at over two millions. It i 
difficult to give even apppoximately the percentage of acres of timbered land 
that would produce lumber. Both sides of the Coast Range, the west side of 
the Cascade Range, the highlands of the Columbia, and the north end of the 
Willamette, as well as the bottom-lands along that river for sixty miles, are 
heavily timbered; while the east side of the Cascades, the west side of the 
Blue Mountains, and the flanks of the cross ranges between the Willamette, 



LUMBER AND SHIP-BUILDING. 727 

Umpqua, and Rogue River valleys are scarcely less densely covered with 
forest. See Review Board of Trade, 1877, 33; Overland Monthly, xiii. 247--9; 
Sept Com. Ayric., 1875, 330-1; Moseltfs Or., 30; Or. Legis. Docs, 1876, doc. 
ii., 15. 

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. Veneering from 
the knots of Oregon maple received a diploma from the centennial exposition 
of 1876, for its beauty, fineness of grain, toughness of fibre, and susceptibility 
to polish. Noah s Or., 128. Combined with myrtle, which is also beautifully 
marked and susceptible of a high polish, but of a dark color, the result is one of 
great elegance in cabinet-work. A few vessels built at Coos Bay have been 
finished inside with these woods, presenting a remarkably pleasing effect. 
Half of all the wood used in the manufacture of furniture in San Francisco 
is exported from Oregon. As early as 1862 a set of furniture made of Oregon 
maple was sold in San Francisco for $800. Or. Statesman, May 12, 1G62. 
The furniture trade cf the state reached 750,000 annually, two thirds of 
which was for home-made articles. The Oregon Manufacturing Company of 
Portland in 1875 began to make first-class fashionable furniture from native 
woods, a building being erected by J. A. Strobridge on the corner of First 
and Yamhill streets, at a cost of $75,000, for the company s use. Portland 
West S/n,re, Aug. 1875; Hillsboro Wash. Independent, Dec. 2, 1875. The 
finest cabinet articles were made in Portland. Other smaller factories were 
scattered throughout the state, but Portland furnished a large proportion of 
the furniture sold by country merchants. According to a prominent Pacific 
coast statistician, John S. Hittell, Resources, 584-5, there were 150,000,000 
feet of lumber sawed in Oregon in 1880-1. The greater part of this was cut 
at the mills on the Columbia, and the southern coast, several of which turn 
put 75,000 feet per day. The mill at St Helen cut from 40,000 to 75,000 
in 24 hours. At Coos Bay and Port Orford there were mills that produce 
21,000,000 to 37,000,000 feet annually. G dfry s Or. Resources, MS., 45; 8. S. 
Mann, in Historical Correspondence, MS. The Coquille mills saw 12,000,000 
feet for San Francisco market annually. In eastern Oregon the Blue Moun 
tains furnished the principal part of the lumber made. The Thielsen flume, 
for carrying lumber from the mountains, is the largest, carrying 50,000 feet 
of lumber and 300 cords of fire-wood daily from the mills to the town of 
Milton, near the Oregon line. It was the property cf the Oregon Improve 
ment Company, and, including its branch, was thirty miles long. The Little 
White Salmon flume, built by the Oregon Railway and Navigation Company 
to bring lumber to The Dalles, was ten miles in length. HittelVs Resources, 
584-5. 

At St Johns, near the mouth of the Willamette, was the location of the Or 
egon Barrel Company, where barrels, pails, fruit-packing boxes, and cases for 
holding packages of canned salmon were manufactured; 0. B. Severance 
founder. The products of this factory were- worth about $15,000 annually. 
There was a similar factory at Oregon City in 18G3, and there was, in 1884, 
a large box factory at Portland, owned by John Harlowe & Co. Wood 
was used for fuel throughout Oregon, except in a few public and private 
houses, where coal was preferred. It was abundant and cheap everywhere 
west of the Cascade Mountains, the highest prices obtaining in Portland, 
where fir wood brought six dollars per cord, and oak eight. Most of the river 
steamers used wood for making steam as a matter of economy. 

Ship-building, which depends upon the quality of timber produced by the 
country, is carried on to a considerable extent, the principal ship-yard being 
at Coos Bay. The oldest yard on the bay is at North Bend, where the brig 
Araijo was built by A. M. and R. W. Simpson in 1856, since which time 
twenty-two other vessels have been launched from this yard, with tonnage 



728 MANUFACTURES. 

aggregating 12,500. They were launched in the following order: brigs Arago 
and Blanco, 1856-8; schooners Mendocino and Florence J4. Walton, 1859-60; 
brig Advance, 1861; schooners Enterprise, Isabella, Hannah Louise, and Ju- 
venta, 1863-5; barkentines Occident and Melancthon, 1866-7; schooner Bunk- 
alation, 1868; burkentine Webfoot, 1869; schooners Botama and Gregorian, 
1871-2; barkentine Portland, 1873; ship Western Shore, 1874; barkentine 
Tarn O\Shanter, 1875; barkentines North Bend and Klikitat, and schooners 
Trustee, James A. Garjield, and one unnamed, 1876-81. The ship Western 
Shore was the largest and strongest ship ever built on the Pacific coast, and 
the second in number, the Wildwood, built at Port Madison in 1871-2, being 
the tirst. The Western Shore was designed by A. M. Simpson, and built by 
John Kruse. The joiner- work was done by Frank Gibson, the polishing of 
the wood- work by Frederick Mark, and the painting by Peter Gibson. She 
was 2,000 tons burden, and her spars the finest ever seen in Liverpool. R. 
W. Simpson designed the rigging and canvas. The cabin was finished with 
myrtle wood, relieved by door-posts of Sandwich Island tamanaina handsome 
manner; but the Tarn O Shanler was finished still more handsomely by the 
same German workman, F. Mark. The first voyage of the Western ^hore was 
to San Francisco, thence to Liverpool, loaded with 1,940 tons of wheat, com 
manded by Wesley McAllep. She beat the favorite San Francisco ship Tiiree 
Brothers 8 days, and the British King, a fast sailer, 14 days a triumph for 
her builders. She cost $86,000, less than such a ship could be built for at 
Bath, Maine. Thos B. Merry, in Portland West Shore, May 1876 and Feb. 
1882; S. F. Bulletin, Nov. 20, 1876. 

From the ship-yard of H. H. Luse, at Empire City, Coos Bay, eight vessels 
were launched between 1861 and 1881, with an aggregate burden of 900 tons. 
The class of vessels built at Empire City was smaller than the North Bend 
vessels, several being small steamers for use on the bay. They were the 
schooners Rebecca, Kate Piper, and Cashman, brig Jfobert Emmett, and uteam- 
tug Alpha, and the steamers Satellite, Coo*, and Bertha. The Alpha was the 
first vessel built at this place, and the only one before 1869. Portland Vt r e*t 
Shore, Feb. 1882, 26. At Marshfield, Coos Bay, E. B. Dean & Co. have a 
ship-yard. Here were built twenty vessels between 1866 and 1881, of an ag 
gregate capacity of 9,070 tons, and at other points on the bay and river. The 
first vessel built at Marshfield was the steam-tug Escort. Then followed the 
schooners Slaghound, Louisa, Morrison, Ivanhoe, Annie Stauffer, Panama, 
Sunshine, Frithioff, Laura May, Jennie Stella, C. If. Merchant, Santa Rosa, 
George 0. Perkins, J. G. North, Dakota, and one unknown, the barkentine 
Amelia, the steamers Messenger and Wasp, and the tug Escort No. 2. The 
steamer Juno was built in Coos River, and also a schooner, name unknown, 
at Aaronville. Merry makes mention of the North Bend tug Fearless, which 
is not down in the list. 

The reputation of Coos Bay vessels for durability and safety is good, few 
of them having been lost. The Florence WaUon was wrecked on the coast 
between Coos Bay and Rogue River. The Bunkalation, while discharging a 
cargo of lime at cape Blanco for the light-house, was set on fire by the sea 
washing down the hatchway, and entirely destroyed. The Sunshine was 
wrecked off Cape Disappointment bj capsizing in a sudden squall, from her 
masts being too tall and the hoops too small to allow the sails to be lowered 
quickly. Portland West Shore, June 1876, 6. Several of them have been in 
the Columbia River trade ever since they \vere completed. 

Ship-building in a small way has been carried on in the Umpqua River 
ever since 1856. Two schooners, the Palestine and Umpqua, were built about 
a mile and a half below Scottsburg, by Clark and Baker, in 1855-6, for the 
San Francisco trade. Or. Statesman, May 6, 1856. In 1857 the steamer 
Satellite was built to run on the river. In 1860 John Kruse, Bauer, and 
Maury built the schooner Mary Cleveland, at Lower Scottsburg, for the CJi- 
fornia trade. Id., May 13, 1861. Kruse also built the schooners Pacific and 
W. F. Brown in 1864-5; Hopkins Ship-building Pacific Coast; Davidson s 
Coast Pilot, 139. A few vessels have been built in Tillamook Bay, of light 



FLOUR. 729 

draught and tonnage. Ever since the Star of Oregon was launched from Oak 
Island in the Willamette in 1841, ship-building has been carried on in a desul 
tory fashion along on the Columbia and Willamette, no record of which has 
been kept. An examination of the U. S. Commerce and Navigation Statistics 
from 1850 to 1856 shows that no figures are given for more than half the 
years, consequently the information gained is comparatively worthless. In 
the years given, 1850, 1857, 1865, 1868-1877, there were 109 vessels of all 
classes, from a barge to a brig, built in Oregon, 31 of which were sailing ves 
sels. According to the same authority, there were 60 steam-vessels in Oregon 
waters in 1874; but these returns are evidently imperfect. 

The cost of ship-building as compared with Bath, Maine, is in favor of 
Oregon ship-yards, as shippers have been at some pains in the last ten or 
fifteen years to demonstrate, as well as to show that American wooden ships 
must soon displace English iron vessels, and American shipping, which has 
been permitted to decline, be restored. The report of the Pacific Social 
Science Association on the Restoration of American Shipping in the Foreign 
Trade, by a committee consisting of C. T. Hopkins, A. S. Hallidie, I. E. 
Thayer, A. Crawford, and C. A. Washburn, is an instructive pamphlet of 
some 30 pages, showing the causes of decline and the means of restoring the 
American shipping interest. In 1875-6, $1.513,508 was paid away in Oregon 
to foreign ship-owners for grain charters to Europe, which money should have 
been saved to the state and reinvested in ship-building. Board of T)\idellept, 
1870, 10. I have quoted the opinions of competent writers in the history of 
Puget Sound ship-building, and will only refer here to the following pam 
phlets. Farrisli s iteview* of the Commercial, Financial, and Industrial Intercuts 
of Oreym, 1877, 31-2; Gilfnfs Ilesoitrces Or., MS., 45-50; Review of Portland 
Board of Trade, 1877; and Hopkins Ship-building, 1807. In view of the re 
quirements cf commerce in the future, the Oregon Railway and Navigation 
Co;::pany have provided a magniiicent dry-dock at Albina, opposite Portland, 
which was completed about 1883. 

Flour takes the second place, in point of time if not of value, in the list of 
Oregon manufactures. Since the time when wheat was currency in Oregon, it 
has played an important part in the iinanccs of the country. Taking a compar 
atively recent view of its importance, the fact that the wheat crop increased 
from 2.340,000 bushels in 1870 to 7,486,000 in 1880, establishes its relative 
value to any and all other products. A very large proportion of the wheat 
raised in Oregon was exported in bulk, but there was also a large export of 
manufactured Hour. The first to export a full cargo of wheat direct to Europe 
was Joseph Watt, who sent one to Liverpool by the tiallie Brown in 1868. It 
cost Watt 4,000 to make the experiment. The English millers, unacquainted 
with tho plump Willamette grain, condemned it as swollen, but bought it at a 
reduced price, and ground it up with English wheat to give whiteness to the 
flour, sines which time they have understood its value. Grover s Pub. Life in 
Or., MS., 69; Watt, in Camp-fire Orations, MS., 1-2. Another cargo went the 
same year in the II den Angier. The year previous to Watt s shipment a cargo 
of wheat and flour was sent direct to Australia by the bark Whistler. As 
early as 1861 H. E. Hayes and C. B. Hawley of Yamhill had 10,000 bushels 
ground up at the Linn City Mills (swept away in the flood of the following win 
ter) for shipment to Liverpool, taking it to S. F. to put it on board a clipper 
ship. Or. Argun, Jan. 12, 1861. In 1868-9, 30,305 bushels of wheat and 200 
barrels of flour, worth 36,447, were shipped direct to Europe. The trade 
increased rapidly, and in 1874 there were 74,715 bushels of wheat and 28,811 
barrels of flour sent to foreign ports, worth $1,026,302. S. F. Bulletin, Jan. 
20, 1875. 

The number of flouring and grist mills in the state was over a hundred, in 
which more than a million and a quarter of capital was invested, producing 
annually three and a half millions worth of flour. Some of the most famous 
mills were the following: Standard Mills at Milwaukee, completed in I860 by 
Eddy, Kellogg, and Bradbury, which could make 250 barrels daily. The 
Oregon City Mills, owned by J. D. Miller, capable of turning out 300 barrels 



730 MANUFACTURES. 



daily. This mill was originally erected in 1866 to make paper, but converted 
in 1868 in to a flour ing- mill. The Imperial Mill at Oregon City, tirst owned by 
Savier and Burnside, was capable of grinding 500 barrels daily. The Salem 
Flouring Mills, owned by a company organized in 1870, with a capital of 
50,000 since increased to $200,000, and which had A. Bush, the former editor 
of the Or. Statesman, and later a banker in Salem, for president, manu 
factured 15,000 to 16,000 barrels of flour monthly. Their flour took the lead 
in the markets of Europe. The Jefferson City Mills, owned by Corbitt and 
Macleay of Portland, ground 10,000 barrels monthly. J. H. Foster s mill at 
Albany had a capacity of 300 barrels daily. HittelVs Resources, 555-8. 

In tiie great flood of 1861-2 the Island mill at Oregon City, built by the 
methodist company, and John McLoughlin s mill were both carried away. 
McLoughlin s mill was in charge of Daniel Harvey, who married MrsRae, the 
doctor s daughter. Harvey was born in the parish of Shefibrd, county Essex, 
England, in 1804, He died at Portland, Dec. 5, 1868. Portland Advocate, Dec. 
19, 1808. 

Salmon, by the process of canning, becomes a kind of manufactured goods, 
and was one of the three great staples of the state. The salmon of the Colum 
bia were introduced to the markets of Honolulu, Valparaiso, and London, in 
a measure, by the Hudson s Bay Company, before any citizen of the United 
States had e^ered into the business of salmon-fishing in Oregon. Robert s 
Recollections, MS., 20; Wilkes Nor. U. S. Ex. Exptd., iv. 3(39-70; //. Com. 
Kept, 31, i. 57, 27th cong. 3d sess. ; Van Tramp s Adventures, 145-6. The 
first attempts to compete with this company were made by Wyeth and the 
methodist missionaries, which was successful only in securing enough for home 
consumption, the Indians being the fishermen, and the company able to pay 
more for the fish than the missionaries. The first merchants at Oregon City 
tra ded a few barrels to the Honolulu merchants for unrefined sugar and mo 
lasses. Henry Roder went to Oregon City in 1852, with the design of estab 
lishing a fishery at the falls of the Willamette, but changed his mind and 
went to Bellingliam Bay to erect a saw-mill. About 1857 John West began 
putting up salt salmon in barrels, at Westport, on the Lower Columbia. In 
1859 Strong, Baldwin & Co. established a similar business at the mouth of 
Rogue River. Or. Statesman, Oct. 25, 1859. But nothing like a modern fishery 
was established on the Columbia until 1866, when William Hurne, George 
Hume, and A. S. Hapgood erected the first fish-preserving factory at Eagle 
Cliff, on the north bank of the river, in Wahkiakum county, Washington. In 
1876 there were seventeen similar establishments on the river, and in ItSO 
there were thirty-five. The average cost of these fisheries, with their appa 
ratus for canning salmon, and of the boats and nets used in catching fish, was 
in the neighborhood of forty thousand dollars each, making a sum total in 
vested in the Columbia River fisheries of nearly a million and a half. The 
number of persons employed in the fishing season, which Listed about four 
months, was six thousand, the greater number of whom were foreign. The 
boatmen "ere usually Scandinavians, and the men employed in the canneries 
principally Chinese. A few women were hired to put on labels, at which they 
were very expert. The mechanics were usually Americans. The following 
shows the increase of the salmon catch for ten years, by the number of cases 
put up: loG 9, 20,709; 1870,29,730; 1871,34,805; 1872, 43,696; 1873, 102,733; 
Io74, 291,021; 1875, 231,500; 1876, 438,730; 1877, 395,288; 1878, 440,917; 
1879, 438,004. New Tacoma N. P. Count, June 15, 1880. The production 
varied with different years, the salmon in some years appearing to avoid the 
Columbia and all the principal fishing-grounds. There was a falling-off in 
1879, for the whole Pacific coast, amounting to nearly 100,000 cases from the 
catch of the previous year. After the fishing season w r as over some of the 
canneries put up beef and mutton, to utilize their facilities and round out the 
year s business. 

Tne export of canned salmon did not commence until 1871, when 30,000 
cases were exported, which realized $150,000. In 1875, 330,000 cases were 
sold abroad, which realized $1,650,000, and the following year 479,000 cases, 



SALMON AND WOOLLEN GOODS. 731 

bringing over two and a half millions of dollars, which is about the maximum 
of the trade, a few thousand more packages being sold in 1878, and consider 
ably less in 1879. Review of board of trade, 1879, in Portland Standard, 
Feb. 4, 1879. The production of 1881 was 550,000 cases of 48 pounds each, 
bringing five dollars a case. 

The partial failure of several years alarmed capitalists and legislators; and 
in April 1875 the Oregon and Washington Fish Propagating Company, with 
a. capital of $30,000, was incorporated. The officers of this company were 
John Adair, Jr, president, J. W. Cook vice-president, J. G. Megler secretary, 
Henry Failing treasurer, with J. Adair, J. G. Megler, John West, C. M. 
Lewis, and J. W. Cook directors. Livingston Stone of Charlestown, Massa 
chusetts, was chosen to conduct the experiment. A location for a hatching 
establishment was selected at the junction of Clear creek with the Clackamaa 
Paver, 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, 2,150,000fish were turned out of the hatching-house in a healthy 
condition. Olympia Courier, April 22, 1881; Portland West Shore, August, 
1878; Portland Oreijonian, May 26, 1877. 

Besides the Columbia River fisheries, there were others on the Umpqua, 
Coquille, and Rogue rivers, where salmon are put up in barrels. The Coquille 
fishery put up 37,000 barrels in 1881. JS. F. Chronicle, Aug. 13, 1881. Im 
mense quantities of salmon-trout of excellent flavor have been found in the 
Umpqua, Klamath, Link, aoid other southern streams. In the Klamath, at 
the ford on the Linkville road, they have been seen in shoals so dense that 
horses refused to pass over them. In Lost River, in Lake county, the sucker 
fidi abounded in the same shoals during April and May. Sturgeon, torn cod, 
flounder, and other edible fish were plentiful along the coast. Since 1862, 
oysters in considerable quantities have been shipped from Tillamook Bay; 
and other shell-fish, namely, crabs, shrimps, and mussels, were abundant, 
and marketable. Or. Statesman, Nov. 3, 1862; Or. Leyid. Docs, 1876, ii. 
15; SmaW* Or. 62-5. 

Laws have been enacted for the preservation of both salmon and oysters. 
These acts regulate the size of the meshes, which are 8vr inches long, to permit 
the young salmon to escape through them; and prohibit fishing from Saturday 
evening to Sunday evening of every week in the season, for the protection of 
ail salmon; and forbid the use of the dredge where the water is less than twen 
ty-four feet in depth at low tide on oyster-beds, or the waste of young oysters. 
Or. Laws, 1876, 7. With regard to the preservation and propagation of ral- 
mon, ib has been recently discovered that th e spawn thrown into the Coquille 
from the fisheries is not wasted, but hatches in that stream, and that there 
fore that river is a natural piscicultural ground. Coquille City Herald, in 5. F. 
Bulletin, Nov. 15, 18S3. The same does not appear to be true of the northern 
rivers. Another difference is in the time of entering the rivers, which is April 
in the Columbia, and August in the Umpqua and Coquille. 

The manufacture of Oregon wool into goods was neglected until April 
1856, when a joint-stock association was formed at Salem for the purpose of 
erecting a woollen-mill. Joseph Watt was the prime mover. William H. 
Rector was superintendent of construction, and went east to purchase ma 
chinery. George H. Williams was president of the company, Alfred Stanton 
vice-president, Joseph G. Wilson secretary, and J. D. Boon treasurer. Watt, 
Rector, Joseph Holman, L. F. Grover, Daniel Waldo, and E. M. Barnum 
were directors. Brown?* Salem Dir., 1871. Watt & Barber had a carding- 
machine in Polk county in 1856, and there appears to have been another in 
Linn county, which was destroyed by lire in 1862. The company purchased 
the right of way to bring the water of the Santiam River to Salem, building 
a canal and taking it across Chemeketa Creek, making it one of the best water- 
powers on the Pacific coast. Its completion in December was celebrated by 
the firing of camion. The incorporation of the company as a manufacturing 



732 MANUFACTURES. 

and water company followed, and in the fall of 1857 two sets of woollen ma 
chinery were put in motion. The goods manufactured, blankets, flannels, and 
cassimeres, were exhibited at the lirst state fair of California, in 1858, being 
the first cloth made on the Pacific coast of the United States by modern ma 
chinery. In I860 the capacity of the mill was doubled, the company pros 
pered, and in 1863 built a large flouring mill to utilize its water-power. The 
canal which brought the Saniiain into Salem was less than a mile in length 
and had a fall of 40 feet. The water was exhaustless, and there was laid the 
foundations of unlimited facilities for manufactures at Salem. 

The building of the Willamette woollen-mill at Salem was a great incentive 
to wool-growing. The amount of wool produced in Oregon in I860 was 
220,000 pounds, not as much as the Salern mill required after it was enlarged, 
which was 400,000. But in 1870 the wool crop of the state was 1,500,000, 
and in 1880 over eight million of pounds were exported. Board of Trade Re 
view, 1877, 15; Pasijic North-west, 4. The Salem mill burned to the ground 
in May 1876, but in the mean time a number of others had been erected. In 
18GO \\ T . J. Linnviilc and others petitioned the senate for a charter for a 
woollen manufacturing company, which was refused, on the ground that the 
constitution of the state forbade creating corporations by special laws except 
fur municipal purposes. Or. Jour. Senate, 1860, 68, 73. In 1864 a woollen-mill 
was erected at Ellendale, which was running in 1866, and turning out flannels 
by tho thousand yards, but which has since been suspended. Or. Statesman, 
May 7, 186o; Deadfs Scrap- Book, 149. The Oregon City Woollen Mill was 
projected as early as 18G2, although not built until 1864-5. The incorpora 
tion papers were filed Dec. 31, 1862, in the office of the secretary of state. 
The iucorporators were A. L. Lovejoy, L. D. C. Latourette, Arthur Warner, 
\Y. W. Buck, William Whitlock, F. Barclay, Daniel Harvey, G. H. Atkin 
son, J. L. Barlow, John D. Dement, W. C. Dement, D. P. Thompson, Wil 
liam Barlow, W. C. Johnson, and A. H. Sceele. Capital stock, $60,000. Or. 
Arym, Jan. 31, 1862. Five lots were purchased of Harvey for $12,000, and 
water-power guaranteed. The building was of brick and stone, 188 by 52 feet, 
anvi tw- storiea high. Joel Palmer was elected president of the company. 
It was designed, as we are told, to concentrate capital at Oregon City, tfuck s 
Enterprises, M^., 6-8. Buck relates how when they had built the mill the 
directors could go no further, having no money to buy the wool to start with, 
until he succeeded in borrowing it from the bank of British Columbia. A few 
men bougat up all the stock, and some of the original holders realized nothing, 
among whom was Buck, whose place among the projectors of enterprises is 
conspicuous if not remunerative. The enterprise was successful from the 
stare. The mill began by making flannels, but soon manufactured all kinds 
of woollen goods. It was destroyed by fire in 1868, and rebuilt in the follow 
ing year. In point of capacity and means of every sort, the Oregon City mill 
was the first in the state. Its annual consumption of wool was not much short 
of a million pounds, and the value of the goods manufactured from forty to for 
ty -iivo thousand dollars a month. A wholesale clothing manufactory in con 
nection with the mill employs from fifty to sixty cutters and tailors in work 
ing up tweeds and cassimeres into goods for the market. This branch of the 
business was represented in S. F. by a firm which manufactures Oregon City 
cloths into goods to the value of 400,000 annually. The mill employed 150 
operatives, to whom it paid $90,000 a year in wages. HittelVs Resources, 445 
-6. A fire in February 1881 destroyed a portion of the mill, which sustained 
a loss of $20,000. The wool-growers of Wasco county at one time contem 
plated fitting up the abandoned mint building at The Dalles for a -woollen 
factory, but later, with Portland capitalists, making arrangements to erect a 
large mill at the fall of Des Chutes River. 

Another woollen- mill was established at Brownsville in 1875, with four 
sets of machinery, which could manufacture tweeds, doeskins, cassimeres, 
satinets, flannels, and blankets. Its sales were about 150,000 annually, on 
a paid-up capital of $36,000. Linn county had a hosiery factory also. At 
Albany, also, there was a hosiery-mill, called The Pioneer, owned by A. L. 



IRON-WORKS. 733 

Stinson. It had the only knitting-machines in the state, and did its own 
carding and spinning. A woollen-mill at Ashland manufactured goods to the 
value of from forty to fifty thousand dollars annually, and was the property 
of two or three men. Its goods were in great demand, being of excellent 
quality. 

The woollen manufactures of the Pacific coast excel in general excellence 
any in the United States, which is due to the superior quality of the wool 
used. The blankets made at the Oregon mills, for fineness, softness, and 
beauty of finish, are unequalled except by those made in California from the 
same kind of wool. The total amount invested in these manufactures in 
1885 w r as about half a million; $400,000 worth of material was used, and 
$840,000 worth of fabric manufactured annually. 

The first iron-founding done in Oregon was about 1858. Davis & Mo- 
nastes of Portland, and the Willamette Iron-Works of Oregon City, were the 
pioneers in this industry. At the latter were built, in 1859, the engines and 
machinery for the first two steam saw-mills in the eastern portion of Washing 
ton and Oregon. These two mills were for Ruble & Co. at Walla Walla and 
Noble & Co. at The Dalles. According to Hittell, boiler-making was begun 
in Portland as early as 1852. Resources, 658. A. Rossi, F. Bartels, R. Hur 
ley, and D. Smith were the owners of the Willamette Iron Foundry. Or. 
Arijus, July 3, 1868. The Salem iron-works were erected in 1860, and turned 
out a variety of machinery, engines, and castings. They were owned 
by B. F. Drake, who came to California in 1851, and after mining for a 
short time settled at Oregon City, where he remained until he built hia 
foundery at Salem. His foreman, John Holman, had charge of the works 
for fifteen years, and employed 12 men. HittelUs Resources, 663-4. John 
Nation, a well-known iron-worker, was at first associated with Drake. In 
1862 this foundery built a portable engine of eight horse-power, to be used on 
farms as the motive power of thrashing-machines, the first of its kind in Ore 
gon. Since that period founderies have been planted in different parts of the 
state as required by local business, Portland and The Dalles being the chief 
centres for the trade on account of the demands of steamboat and railroad 
traffic. 

The presence of iron ore in many parts of Oregon has been frequently re 
marked upon. It is known to exist in the counties of Columbia, Tillamook, 
Marion, Clackamas, and in the southern counties of Jackson and Coos. Its 
presence in connection with fire-clay is considered one of the best proofs of 
the value of the coal-fields of Oregon, the juxtaposition of coal, iron, and fire 
clay being the same here as in the coal-bearing regions of other parts of the 
world. The most important or best known of the iron beds of the state are 
in the vicinity of Oswego, a small town on the Willamette, six miles south of 
Portland, and extending to the Chehalem valley, fifteen miles from that city. 

Equally rich beds of the ore are found near St Helen, and from the out- 
croppings between these two points the deposit seems to curve around to the 
west of Portland, and to extend for twenty-five miles, with the richest beds 
at either end. At St Helen the ore has never been worked, except in a black 
smith-shop, where it has been converted into horse-shoes. Several varieties 
of iron ore exist in the state, including the chromites of Josephine county. 

The Oswego iron was tested in 1862, and found to be excellent. Or. States 
man, Jan. 19 and Feb. 9, 1863; Or. Argus, Jan. 24, 1863. It yields about 
fifty per cent of pure metal; and it is estimated that there are sixty thousand 
tons in the immediate vicinity of this place, while less than three miles away 
is another extensive deposit, from twelve to fifteen feet in depth. A company 
was formed at Portland February 24, 1865, under the name of the Oregon 
Iron Company, to manufacture iron from the ore at Oswego, which proceeded 
to erect works at this place, Sucker Creek, the outlet of a small lake, furnish 
ing the water-power. President, W. S. Ladd, vice-president, H. C. Leonard; 
capital stock, $500,000, divided among 20 stockholders, most of whom resided 
in Oregon, the remainder in S. F. The incorporators were Louis McLane, 
Charles Dimon, W. S. Ladd, Henry Failing, A. M. Starr, H. D. Green, aud 



734 MANUFACTURES. 

H. C. Leonard. The stack was modelled after the Barnum stack at Lime 
Hock, Connecticut, and was put up by G. D. Wilbur of that state. Its foun 
dations were laid on the bed-rock at a depth of 16 feet, and it was constructed 
of solid, dry stone- work, covering a space of thirty-six square feet. The 
stack itself was built of hewn stone, obtained on the ground; was thirty-four 
foet square at the base, thirty-two feet high, and twenty-six feet square at 
the top. On top of the stack was a chimney, built of brick, forty feet high, 
and containing the oven for heating the air for the blast. The diameter of 
the top of the lower pyramid in which the smelting takes place was ten feet. 
The blow-house was built on the ground near the stack. The machinery for 
driving the air was propelled by water. The blast was furnished by two 
blowing cylinders of wood, five feet in diameter and six feet stroke. Char 
coal was used for fuel. The capacity of the works was designed to be ten 
tons in twenty-four hours. The ore to be tested was the variety known as 
brown hematite, and it was found to yield from forty-six to seventy per cent 
of pure iron. The timber for making charcoal was in the immediate vicinity, 
and every circumstance seemed to promise success. The works reached com 
pletion in June 1867, having cost $126,000. The first run was made on the 
24th of August, six tons of good metal being produced, which, on being sent 
to the S. F. founderies, was pronounced a superior article. By the first of 
October the Oregon Iron Co. had. made 225 tons of pig-iron, costing to make 
twenty-nine dollars per ton, exclusive of interest on capital and taxes. The 
experiment, for experiment it was, proving that iron could be produced 
more cheaply in Oregon than in other parts of the U. S., though not so cheaply 
by half as in England, was satisfactory to those who had no capital in the 
enterprise, if not to those who had. The cost was distributed as follows: 

166 bushels of charcoal, costing at the furnace 8 cents $13 28 

88 pounds lime, costing at furnace 4 cents 3 52 

4,970 pounds of ore, costing at the furnace $2.50 a ton 5 50 

Labor reducing ore, per ton 6 67 



$28 97 

Broivne s Resources, 219-22; Or. City Enterprise, June 8, 1867; Clackamas 
County Resources, 1. J. Ross Browne, in his very readable work, the Resources 
of the Pacific States and Territories, 220-1, published at S. F. in 1869, gives 
the relative cost of producing iron in England and the United States. An 
establishment, he says, capable of making 10,000 tons annually in this coun 
try would cost altogether, with the capital to carry it on, $2,000,000, while 
in England the same establishment, with the means to carry it on, would cost 
$800,000. At the same time the interest on the American capital would 
exceed that on the English capital by $120,000. In the U. S. a fair average 
cost of producing pig-iron was not less than $35 per ton, while in England 
and Wales it was $14, to which should be added the difference caused by 
the greater rate of interest in the U. S. See also Langley^s Trade Pac., i. 
9-10; Portland Orerjonian, July 28, 1866. 

Owing to an error in building the stack, which limited the production of 
metal to eight tons per diem, the works were closed in 1869, after turning out 
2,400 tons. Some of the iron manufactured was made up into stoves in Port 
land, and some of it in the construction of Ladd & 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 sold to the Oswego 
Iron Company, under whose management it was thought the production 
could be made to reach 500 tons a month. The sales for 1881 exceeded 
$150,000. 

One serious disadvantage in smelting iron in Oregon was the lack of lime 
rock in the vicinity of the iron beds, and the cost of lime obtained formerly 
from San Juan Island or from Santa Cruz in California, and recently from New 
Tacoma. Limestone has often been reported discovered in various parts of 
the state, but no lime-quarries of any extent have yet been opened with kilns 



LIME AND SALT. 735 

for "burning lime for market; and the want was greatly felt in house 
building, as well as in manufactures. The only mineral of this character 
which has been worked in Oregon, or rather in Washington (for the works were 
on the north bank of the Columbia, though the rocks were found on both sides 
of the river), is a native cement, or gypsum, obtained from the bowlders in the 
neighborhood of Astoria. It was probably the same rock so often pronounced 
limestone by the discoverers in different parts of the state. As early as 1850 
some military officers at Astoria burned some of the rock, and pronounced it 
limestone. A year or two later a kiln of it was burned and shipped to Port 
land, to be sold for lime. But the barge on which the barrels were loaded was 
sunk in the river with the cargo, which remained under water until 1864, 
when the barge being raised, it was found the barrels had gone to pieces, but 
their contents were solid rock. On these facts coming to the notice of the Ore 
gon Steam Navigation Company, the officers contracted with Joseph Jeffers 
of Portland to furnish 500 barrels in a given time for the foundations of their 
warehouse in Portland. Mr Jeffers proceeded to build a kiln and burn the rock 
on the premises of John Adair, at upper Astoria, without consulting the owner. 
When the first kiln had turned out 100 barrels of cement the work was inter 
fered with by Mr Adair and others, who claimed an interest in the profits 
a3 owners of the rocks and ground. A company was then formed, which filled 
the contract with the navigation company, and had 100 barrels more to sell. 
The masons found on slaking it that it contained lumps which remained hard, 
and gave them annoyance in the use. The plan was then conceived of grind 
ing the cement to make it uniform in consistency, and works were erected for 
this purpose on the north side of the Columbia, by J. B. Knapp, at a place 
which received the name of the manufacturer. This article became known in 
the market as Oregon cement. Of quarrying stone, few varieties have been dis 
covered in Oregon. This is greatly due to the overflow of basalt, which haa 
capped and concealed the other formations. On Milton Creek, near St Helen, 
was found a bed of sandstone, which was quarried for the Portland market; 
and sandstone is reported at various localities, but before the Milton creek 
discovery stone was brought from Bellingham Bay in Washington to build 
the custom -house and post-office at Portland; and the custom-house at Astoria 
was built of rock taken out of the surrounding hills. 

In Marion county, and in other parts of the state, as well as in Clarke 
county, Washington, near Lewis River, a yellowish and a bluish gray marl is 
found, which when first quarried is easily cut into any shape, but on exposure 
to the air, hardens and forms stone suitable for many purposes, though always 
rather friable. Mantels, door-sills, ovens, and many other things are cut out 
of this stone and sold to the farmers in the Willamette Valley, who use it in 
place of brick in building chimneys. Black marble has been found on the 
north side of the Columbia, in the Lewis River highlands. A beautiful and 
very hard white marble has been quarried in Jackson county, where it became 
an article of commerce, limited to that portion of the state. No other com 
mon minerals have been applied to the uses of mankind, with the exception 
of salt. In 1861 the manufacture of salt from brine obtained from wells 
.dug at the foot of a high range of hills six miles south-east of Oakland, in 
Douglas county, was attempted, and was so far successful that about 1,000 
pounds were obtained daily from the evaporation of two furnaces. The pro 
jectors of this enterprise were Dillard, Ward, and Moore. The works were 
run for a period, and then closed. 

On the farm of Enoch Meeker, about the north line of Multnomah county, 
was a salt-spring, similar to those in Douglas county, and situated similarly, 
.at the foot of a range of high, timbered mountains. Meeker deepened the 
well about twenty-seven feet, and made a little salt by boiling, as an experi 
ment. In this well, at the depth mentioned, the workmen came upon the 
charred wood of a camp-fire, the sticks arranged, without doubt, by the hands 
of men. The salt appeared good, but had a bitter taste. In 1867 Henry C. 
Victor leased the salt-spring and land adjoining, with a view to establishing 
the manufacture of salt. Works were erected, which made about two tons per 



738 MANUFACTURES. 

day for several months, but the returns not being satisfactory, they were 
closed, and the manufacture was never resumed. The salt made at these 
works granulated in about the fineness used in salting butter, for which pur 
pose, and for curing meats, it was superior to any in the market, being abso 
lutely pure, as was proved by chemical tests. A sample of it was taken to 
the Paris exposition by Blake, one of the California commissioners. Henry 
C. Victor was born Oct. 11, 1828, in Pennsylvania. His parents removed 
to Sandusky, Ohio, in his boyhood, and he was educated at an academy in 
Norwalk. He studied naval engineering, and entered the service of the U. 
S. about the time Perry s expedition was fitting for Japan, and sailed in the 
San Jacinto. He was in Chinese waters at the time of the opium war with 
the English, and distinguished himself at the taking of the Barriere forts, be 
coming a favorite with Sir John Bowering, with whom he afterward corre 
sponded. After three years in Asiatic ports, he returned to the U. S. and was 
soon after sent to the coast of Africa. The locality and the time suggested 
controversies on the slavery question and slave-trade. Victor was in opposi 
tion to some of the officers from the southern states, and in a controversy in 
which a southerner was very insulting, gave his superior officer a blow. For 
this offense he was suspended, and sent home. Shortly after being restored 
to service came the war for the union, and he was assigned to duty in the 
blockading squadron before Charleston. In February 1863 he brought the 
splendid prize, Princess Royal, to Philadelphia; shortly after which he was 
ordered to the Pacific. While cruising along the Mexican coast, fever pros 
trated a large portion of the crew, Victor among the rest, who, having had 
the dangerous African fever, was tmfitted by it for duty, and resigned. 
While at Manzanillo he made a survey of the lake extending from this port 
toward the city of Colima, which becomes dry at some seasons and breeds 
pestilence, with a view to cutting a canal to the sea and letting in the salt 
water. Selim E. Woodworth of S. F. joined with him and several others in 
forming a company for this work. An agent was employed to visit the city 
of Mexico, and get the consent of the government to the scheme. Permission 
was obtained, but the vessel being soon after brought to S. F. with a disabled 
crew, and Victor s resignation following, put an end to the canal scheme, so 
far as its projectors were concerned. The year following, 1864, Victor went 
to Oregon and engaged in several enterprises, chiefly concerning coal and salt. 
Like many others, they were premature. Mr Victor perished with the 
foundering of the steamer Pacific, in November 1875, in company with about 
300 others. His wife was Frances Fuller, whose writings are quoted in my 
work. 

Paper, of a coarse quality, was first made at Oregon City in 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 enterprise, W. W. Buck, then built another mill, Math capital 
furnished by the publisher of the Oreyonian, and was successful, manufacturing 
printing and wrapping paper, which was all consumed in and about Portland. 
Wash s Or., 225; Adams Or., 31; Hittell 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 
was wholly imported, although the fir timber of Oregon afforded immense 
quantities of the raw material, many old trees having deposits an inch or more 
in thickness extending for twenty feet between layers of growth. But the 
high price of labor on the Pacific coast at the period mentioned was adverse 
to its manufacture, and the close of the civil war, allowing North Carolina 
to resume trade with the other states, brought down the price below the cost 
of production in Oregon. 

Pottery began to be manufactured at Buena Vista about 1865, from clay 
found at that place. For several years the business languished, the proprietor, 
A. N. Smith, being unable to introduce his goods into general use. Subse 
quently, however, the Buena Vista works employed over fifty men, and fur 
nished all descriptions of stonewaie, fire-brick, sewer-pipes, and garden -pota 



FLAX AND LEATHER. 737 

equal to the best. Resources Or. and Wash., 1881, 70-1. Soap, for all pur 
poses, was long imported into Oregon, the first factory being established in 
Portland in 1862, by W. B. Mead. Or. Aryus, June 7, 1862. In 18Cb R. 
Irving commenced the manufacture of this article, and being joined by G. 
A. Webb, the Oregon Standard Soap Company was formed, which turned out 
fifteen varieties of soap, and was the second manufactory of this kind on 
the Pacific coast. Review Board of Trade, 1877, 12; HittetVs Resources, 719. 
Vinegar was made for market at Portland and Butteville, to the amount of four 
hundred thousand gallons annually. 

Fruit-drying was carried on at Oregon City and other points to a consider 
able extent, but no reliable figures are to be found concerning this industry, 
which is divided up among individual fruit-raisers. Patented movable 
dryers were used, which could be set up in any orchard. Plums, prunes, pears, 
and apples were the fruits commonly dried, and their excellence was unsur 
passed, the fruit being fine, and the method of preserving leaving the flavor 
unexhausted, and each separate slice clean and whole. 

A flax-mill was established at Albany in 1877, which manufactured 5,000 
pounds of linen twines and threads per month. The flax was grown in Linn 
county, by tenant farmers, who worked on shares for one third of the crop at 
twelve cents a pound for the fibre, and the market price for the seed. The 
mill company, having two thirds of the crop for rental, only paid for one third 
of the flax used, which left them a profit of about $0,000 a year in the fac 
tory. The seed produced was worth $45 an acre. It had long been known that 
flax was a native product of Oregon. It was discovered by experiment that 
the cultivation of it was favored by the soil and climate. Linseed oil was first 
manufactured at Salem. The company was incorporated in November 1866. 
Their machinery, having a capacity for crushing 30,000 bushels of seed per 
annum, was shipped around Cape Horn, and since 1867 the Pioneer Oil Mill has 
been running, its capacity being increased to GO, 000 bushels. Brown s Salem 
Direc., 1871, 1874; Gilfry s Or., MS., 86; U. S. Agric. Kept, 1872, 451. Tow 
for upholstering was made at this establishment. The nore of Oregon flax is 
very fine and strong, with a peculiar silkiness which makes it equal to the 
best used in the manufacture of Irish linens. 

The first tannery in Oregon, other than household ones, was that of Daniel 
H. Lownsdale, on Banner s Creek, just back of the original Portland land 
claim. Here was made the leather, valued at 5,000, which purchased Petty- 
grove s interest in the town. The manufacture of this article has not been 
what the natural resources of the country warranted until recently. Small 
tanneries existed at several places, including Portland, Salem, Eugene City, 
Brownsville, Coquille City, Parkersburg, and Milwaukee. Leinenweber & 
Co. of upper Astoria first connected the manufacture of leather "with the 
making of boots and shoes. The Oregon Leather Manufacturing Company 
was incorporated in 1878, A. W. Waters, president. The company employed 
convict labor, and turned out 30,000 sides annually, at a good profit. Hitteli s 
Resources, 495. Roots and shoes were made extensively by several firms. 
Aikin, who began the manufacture in a small way at Portland, in 1859, \vas 
later associated with Selling & Co., and had a profitable trade with Idaho 
and Montana. The Oregon Boot, Shoe, and Leather Manufacturing Com 
pany of Portland is the successor to Hibbard & Brazee who begun manu 
facturing in 1873, and projected the new company in 1881, which employed 
fifty workmen. The factory of B. Leinenweber & Co. at Astoria cost 40,000, 
employed 35 workmen, and manufactured $78,000 worth of goods annually. 
Gloves of the coarser sort were made at two places in Portland, and one place 
in Eugene City. Saddle and harness making was carried on in every town of 
any importance, but only to supply the local demand. Wagons and carriages 
were also manufactured to a limited extent. Brooms and brushes were made at 
Portland. Malt liquors were produced at thirty-four different breweries in the 
state, to the amount of 24,000 barrels per annum. Portland early enjoyed a 
spice and coffee mill, candy factory, and various other minor industries. 

Manufactures which are secondary to trade are slow in development, the 
HIST. OB., VOL. II. 47 



738 MINES AND MINING. 

country lacking population and excess of capital. But the requirements for 
becoming a manufacturing state are present in abundance in water-power, tim 
ber, minerals, and the means of rapid transportation, and out of the small 
beginnings here referred to as proof of what our generation of men have ac 
complished in the face of unusual obstacles, another generation of their 
descendants will be able to evoke grand results. 

MINES AND MINING. 

I have not yet particularized the mineral resources of Oregon, except as to 
iron mentioned incidentally along with manufactures. Gold, as a precious 
metal, has exercised a great influence in the progress of the country. It 
gave the people a currency which 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, had it been known. James D. 
Dana, of Wilkes exploring expedition, remarked upon the appearance of 
southern Oregon, and its resemblance to other gold-bearing regions, as early 
as 1841. Ten years later John Evans was appointed U. S. geologist to insti 
tute researches on the main line of the public land surveys about to be com 
menced in Oregon, and was, through the petitions of the Oregon legislature, 
continued in the service for several years. Evans was thoroughly identified 
with the study of Oregon geology. He was born in Portsmouth, N. H., 
Feb. 14, 1812; educated at Andover, studied medicine, and married a daugh 
ter of Robert Miles of Charleston, S. C. He was appointed assistant to 
David Dale Owen to prosecute some geological surveys in the west, and soon 
after completing this work was sent to Oregon. He died of pneumonia at 
Washington city, April 20, 1861. Silliman* Journal, xxxii. 311-18; Or. 
Statesman, May 20, 1861. But aside from satisfying the government of the 
value of its territories in a general way, these scientific surveys had little 
bearing upon the actual development of mineral resources. Gold deposits 
were always discovered by accident or the patient search of the practical 
miner. 

Following the discovery of the placer mines of Rogue River Valley in 
1851 was the discovery of the beach mines in 1852, on the southern coast of 
Oregon. Late in 1853 more than a thousand men were mining south of Coos 
Bay. Then came other discoveries, and finally the current of gold-seeking 
was turned into eastern Oregon, not altogether ignoring the western slopes 
of the Cascades, where mining districts were marked out, prospected, a pocket 
or two of great richness found and exhausted, and the district abandoned. 
These things have been spoken of as they occurred in the settlement of the 
country. 

The actual yield of the mines could not be determined. About Jackson 
ville and on the head waters of the Illinois River they were very rich in spots. 
While five dollars a day only rewarded the majority of miners, it was not 
uncommon to find nuggets on the Illinois weighing forty-six, fifty-eight, or 
seventy-three ounces. Sac. Union, April 23, July 28, and Sept. 10, 1858; 
Dana s Great West, 284. The Jacksonville mines also yielded frequent lumps 
of gold from six to ten ounces in weight. The introduction of hydraulics 
in mining about 1857 redoubled the profits of mining. As much as $100,000 
was taken from a single beach mine a few miles north of the Coquille River. 
About the spring of 1859 quartz mines were discovered in Jackson county, 
which yielded at the croppings and on top of the vein fabulous sums, but 
which soon pinched out or was lost. 

About 1857 a discovery was made of gold in the bed of the Santiam and 
its branches in Marion county, but not in quantities to warrant mining, 
although a limited extent of ground .worked the following two years paid 



QUARTZ MINES. 739 

from four to six dollars a day. Or. Statesman, Aug. 11, 1857, Sept. 28, 1858; 
Or. Argus, Aug. 20, 1859. In 1860 reputed silver quartz was found on both 
the Santiam and Moballa rivers, and many claims were located. But it was 
not until 1863 that undoubted quartz lodes were discovered in the Cascade 
Mountains on the north fork of the Santiam. A camp called Quartzville was 
established at a distance of about fifty miles from Salem and Albany in the 
autumn of that year, and in the following season some of the leads were 
slightly worked to show their character, and yielded twenty-one dollars to 
the ton, a little more than half in silver. Portland Oregonian, July 29, 1864. 
The most noted of the veins in the Santiam district was the White Bull lode, 
situated on Gold Mountain, where a majority of the leads were found. It was 
eight feet wide and very rich. The Union company of Salem removed a 
bowlder from one of their claims, under which they found first a bed of gravel 
and earth several feet in depth, then bastard granite, and beneath that a 
bluish 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 cavities where the quartz was rotten, 
or at least disintegrated and yellowed, were what were called eagle s-nests; 
namely, skeins of twisted gold fibres of great fineness and beauty attached to 
and suspended from the sides of the opening, crossing each other like straws 
in a nest, whence the name. This variety of gold, which is known as thread 
gold, was also found in the mountains of Douglas county. 

The Salem company took out about $20, 000 worth of these specimens, and 
then proceeded to put up a quartz-mill. But the mine was soon exhausted, 
and the treasure taken out went to pay the expenses incurred. This out 
come of the most famous mine discouraged the further prosecution of so costly 
an industry, and the Santiam district was soon known as a thing of the past. 
It was the opinion of experts that the gold was only superficial, and that the 
true veins were argentiferous. A company as late as 1877 was at work on the 
Little North fork of the Santiam, which heads up near Mount Jefferson, 
tunnelling for silver ore. At different places and times both gold and silver 
have been found in Marion and Clackamas counties, but no regular mining has 
ever been carried on, and the development of quartz-mining by an agricultual 
community is hardly to be expected. Surveyor-general s rept, 1868, in Zabrix- 
kie, 1046-7, MS., Sec. Int. Rept, 1857, 321-0, 40th cong. 3d sess. ; Albany Regis 
ter, July 28, 1871; Corvallis Gazette, Sept. 1, 1876. I have already spoken of 
the discovery of the mines of eastern Oregon, and its effect upon the settle 
ment and development of the country. No absolutely correct account has ever 
been kept, or could be given, of the annual product of the Oregon mines, the 
gold going out of the state in the hands of the private persons, and in all 
directions. In 1864 the yield of southern and eastern Oregon together was 
$1.900,000. The estimate for 1867 was $2,000,000; for 1869, $1,200,000; for 
1887-8, over $1,280,000; and for 1881, $1,140,000. Review Board of Trade, 
1877, 34; Ried s Progress of Portland, 42; Pacific North-west, 32-3; HittelV 
Resources, 290. The annual yield of silver has been put down at $150,000, 
this metal being produced from the quartz veins of Grant and Baker counties, 
the only counties where quartz-mining may be said to have been earned on 
successfully. 

The Virtue mine near Baker City deserves special mention as the first 
quartz mine developed in eastern Oregon, or the first successful quartz opera 
tion in the state. It was discovered in 1863 by two men on their way to 
Boise", who carried a bit of the rock to that place and left it at the office 
of Mr Rockfellow, who at once saw the value of the quartz, and paid one 
of the men to return and point out the place where it had been found. Upon 
tracing up other fragments of the quartz, the ledge from which they came 
was discovered and Rockfellow s name given to it. Walla Walla Statesman, 
Sept. 5, 1863; Idaho Silver City Avalanche, Nov. 11, 1876; Portland Oregonian t 
Sept. 16 and Oct. 7, 1863. The Pioneer mine and two other lodes were dis 
covered at the same time. An arastra was at once put up, and the Rock- 



740 MINES AND MINING. 

fellow mine tested. The first specimens assayed by Tracy and King of Port 
land showed $1,3CO in gold and $20 in silver to the ton. /(/., May 17, 1864. 
In the spring of 1864 Rockfellow took J. S. Ruckel of the 0. S. N. Co. into 
partnership, and two arastras were put at work on the ore from this mine. 
A little village sprang up near by, of miners and artisans, dependent upon the 
employment afforded by it. In July $1,250 was obtained out of 1,500 pounds 
of rock. The gold was of unusual fineness, and worth $19.50 per ounce. Id., 
July 21, 1864. A tunnel was run into the hill, intended to tap the several 
ledges at a depth of 300 to 500 feet, and a mill was erected on Powder River, 
seven miles from the mine, on the travelled road to Boise". It had a capacity 
of 20 stamps, but ran only 12. It began crushing in October, and shut down 
in November, the trial being entirely satisfactory. In May 1865 it started 
up again, crushing rock, the poorest of which yielded $30 to $40 to the ton, 
and the best $10,000. Up to this time about $75,000 had been expended on 
the mine and mill. A large but unknown quantity of gold was taken out of 
the mine. Rockfellow & Ruckel sold out, and about 1871-2 a company, of 
which Hill Beachy was one and James W. Virtue another, owned and worked 
the mine. It took the name of the Virtue Gold Mining Company. In the 
mean time Baker City grew up in the immediate vicinity of the mill, where 
Virtue followed assaying and banking, dependent largely upon the mine, and 
which became the county seat. In 1872 the new company erected a steam 
mill with 20 stamps, and other buildings, and employed a much larger force, 
extending tunnels and shafts. In 1876 a shaft was down 600 feet, connecting 
with the various levels, and the vein had been worked along the line of the 
lead 1,200 feet. The quartz is of a milky whiteness, hard, but not difficult 
to crush. It yields from $20 to $25 per ton, with a cost of $5 for mining and 
milling. All the expenses of improvements have been paid out of the pro 
ceeds of the mine, which is making money for its owners. A foundery was es 
tablished at Baker City in connection with the mine, which besides keeping 
it in repair has plenty of custom-work. 

The Emmet mine, 500 feet above the Virtue, had its rock crushed in the 
Virtue mill, and yielded $22. 50 per ton. Baker City B^d Rock Democrat, Feb. 
14, 1872; Silver City Avalanche, Jan. 8 and Nov. 11, 1876. 

Among the many veins of gold-bearing quartz discovered simultaneously 
in the early part of 1860, that found by the Hicks brothers returned thirty 
ounces of gold to a common mortarful of the rock. On the 13th of January 
George Ish discovered a vein in an isolated butte lying twelve miles from 
Jacksonville, in a bend of Rogue River, which yielded on the first tests twelve 
dollars to every pound of rock. Two bowlders taken from the surface, weigh 
ing forty and sixty pounds respectively, contained one pound of gold to every 
five pounds of rock. No part of the rock near the surface contained less than 
ten dollars to the pound, and from a portion of the quartz fifteen dollars to 
the pound was obtained. The first four hundred pounds contained 404 
ounces of gold. From a piece weighing four pounds, twelve and a half 
ounces of gold were obtained; 800 pounds of rock produced 60 pounds of 
amalgam. John E. Ross, who had a claim on this butte called Gold Hill, 
realized an average of $10 to the pound of rock. One piece weighing 14 
pounds gave up 36 ounces of gold. Sac. Union, Feb. 16 and 27, 1860; North 
ern Yreka Journal, Feb. 9, 1860; Siskiyou County A/airs, MS., 24. The 
rock in the Ish vein was very hard and white, with fine veins of gold cours 
ing through it, filling and wedging every crevice. It appeared to be a mine 
of almost solid gold. Thomas Cavanaugh, one of the owners, refused $80,- 
000 for a fifth interest. Ish and his partners went east to purchase machinery 
to crush the quartz. In the mean time the casing rock was being crushed in 
an arastra, and yielded $700 a week, while the miners were taking out quartz 
preparatory to setting up the steam mill which had been purchased. When 
less than 600 tons of quartz had been mined it was found that the vein was 
detached, and to this day the main body of the ore has not been found. 
The expenses incurred ruined the company, and Gold Hill was abandoned 
after $130,000 had been taken out and expended. Surveyor-general s rept, in 



GRAVEL-MINING. 741 

Zdbriskie t 1041. Nor was the Ish mine the only instance of rich quartz. 
When veins began to be looked for they were found in all directions. A 
mine on Jackson Creek yielded forty ounces of gold in one week, the rock 
being pounded in a common mortar. In May a discovery was made on the 
head of Applegate Creek which rivalled the Ish mine in richness, producing 
97 ounces of gold from 22 pounds of rock. Ten tons of this quartz yielded 
at the rate of $2,352 to the ton. Sac. Union, Aug. 30, 1860, and March 15, 
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 engendered by the 
experiments of 1860. In 1866 the Occidental Quartz Mill Company was or 
ganized, and a mill with an engine of 24 horse-power was placed on the Daven 
port lead on Jackson Creek. Arastras were generally used, by which means 
much of the gold and all of the silver was lost. Within the last dozen years 
several mills have been introduced in different parts of southern Oregon. 
The placers have been worked continuously, first by Americans and after 
wards by Chinamen, who, under certain taxes and restrictions, have been 
permitted to occupy mining ground in all the gold districts of Oregon, al 
though the constitution of the state forbids any of that race not residing in 
Oregon at the time of its adoption to hold real estate or work a mining claim 
therein. The first law enacted on this subject was in December 1860, when it 
was declared that thereafter no Chinaman shall mine gold in this State un 
less licensed to do so as provided, etc. The tax was $2 per month, to be paid 
every three months in advance, and to be collected by the county clerk of 
each county where gold was mined on certain days of certain months. Any 
Chinaman found mining without a license was liable to have any property be 
longing to him sold at an hour s notice to satisfy the law. Ten per cent of 
this tax went into the state treasury. If Chinamen engaged in any kind of 
trade, even among themselves, they were liable to pay $50 per month, to be 
collected in the same manner as their mining licenses. Or. Laws, 1869, 49- 
52. The law was several times amended, but never to the advantage of the 
Chinese, who were made to contribute to the revenues of the state in a liberal 
manner. 

The product of the mines of Jackson county from 1851 to 1866 has been 
estimated at a million dollars annually, which, from the evidence, is not an 
over-estimate. Hine* Or., 288; Gilfry s Or., MS., 51-3. 

The first to engage in deep gravel-mining was a company of English capi 
talists, who built a ditch five miles long in Josephine county, on Gaiice Creek, 
in 1875, and found it pay. A California company next made a ditch for 
bringing water to the Althouse creek mines in the same county. The third 
and longer ditch constructed was in Jackson county, and belonged to D. P. 
Thompson, A. P. Ankeny & Co., of Portland, and is considered the best min 
ing property in the state. It conducted the water a distance of twenty- three 
miles to the Sterling mines in the neighborhood of Jacksonville. Another 
ditch, built in 1878, eleven miles long, was owned by Klipfel, Hannah & Co., 
Jacksonville, and by Bellinger, Thayer, Hawthorne, and Kelly of Portland. 
It brought water from two small lakes in the Siskiyou Mountains to Applegate 
Creek, and cost $30,000. Ashland Tidings, Sept. 27, 1878. The results were 
entirely satisfactory. A company was formed by W. R. Willis, at Roseburg, 
in 1878, with a capital of half a million for carrying on hydraulic mining on 
the west bank of Applegate Creek. They purchased the water rights and 
improvements of all the small miners, and took the water out of the creek 
above them for their purposes. J. C. Tolman of Ashland in the same year 
brought water from the mountains to the Cow Creek mines. The Chinamen 
of Rogue River Valley also expended $25,000, about this time, in a ditch to 
bring water to their mining ground, and with good results. Duncan s South 
ern Or., MS., 10. Thus, instead of the wild excitement of a few years in 
which luck entered largely into the miner s estimate of his coming fortune, 
there grew up a permanent mining industry in Jackson county, requiring the 



742 MINES AND MINING. 

investment of capital and making sure returns. In a less degree the same 
nay be said of Douglas county, and also of Coos when the hydraulic process is 
applied to the old sea-beaches about four miles from the ocean, which are rich 
and extensive. 

It was not until 1866 that silver ledges received any attention in southern 
Oregon. The first location was made one mile west of Willow Springs, in 
Rogue River Valley, on the crest of a range of hills running parallel with the 
Oregon and California road. This was called the Silver Mountain ledge, waa 
eight feet in width at the croppings, and was one of three in the same vicinity. 
Jacksonville Reporter, Jan. 13, 1866; Jacksonville Reveille, Jan. 11, 1866; 
Portland Oregonian, Jan. 27, 1866. In the following year silver quartz was 
discovered in the mountains east of Roseburg. Some of the mines located by 
incorporated companies in Douglas county were the Monte Rico, Gray Eagle, 
Excelsior, and Last Chance, these ledges being also gold-bearing. This group 
of mines received the name of the Bohemia district. E. W. Gale and P. 
Peters were among the first discoverers of quartz in Douglas county. Roseburg 
Ensign, Sept. 14 and 21, 1867; Salem Willamette Farmer, July 9, 1870. On 
Steamboat Creek, a branch of the Umpqua, James Johnson, a California miner, 
discovered a gold mine in quartz which assayed from $500 to $1,000 to the 
ton. Owing to its distance from the settlements and the difficulty of making 
a trail, it was neglected. The Monte Rico silver mine, in the Bohemia dis 
trict, yielded nearly two hundred dollars per ton of pure silver. In 1868 the 
Seymour City and Oakland mines were located, all being branches of the same 
great vein. John A. Veatch describes the Bohemia district as pertaining as 
much to Lane as Douglas county, and lying on both sides of the ridge sepa 
rating the waters of the Umpqua and Willamette. He called it a gold-bearing 
district, with a little silver in connection with lead and antimony. Specimens 
of copper were also found in the district. Id., July 12, 1869. John M. Foley, 
ia the Roseburg Ensign of August 29, 1868, describes the Bohemia district as 
resembling in its general features the silver-bearing districts of Nevada and 
Idaho. There is no doubt that gold and silver will at some period of the fu 
ture be reckoned among the chief resources of Douglas county, but the rough 
and densely timbered mountains in which lie the quartz veins present obsta 
cles so serious, that until the population is much increased, and until it is less 
easy to create wealth in other pursuits, the mineral riches of this part of the 
country will remain undeveloped. 

The other metals which have been mined, experimentally at least, in 
southern Oregon, are copper and cinnabar. Copper was discovered in Jose 
phine county on the Illinois River in 1856, near where a vein called Fall 
Creek was opened and worked in 1863. The first indications of a true vein of 
copper ore were found in 1859, by a miner named Hawes, on a hill two miles 
west of Waldo, in the immediate vicinity of the famous Queen of Bronze 
mine, and led to the discovery of the latter. The Queen of Bronze was pur 
chased by De Hierry of San Rafael, California, who expended considerable 
money in attempts to reduce the ore, which he was unable to do profitably. 
The Fall Creek mine was also a failure financially. Its owners Crandall, 
Moore, Jordan, Chiles, and others made a trail through the mountains to 
the coast near the mouth of Chetcoe River, a distance of forty miles, where 
there was an anchorage, superior to that of Crescent City, from which to ship 
their ore, but the expenditure was a loss. In this mine, as welt as in the 
Queen of Bronze, the ore became too tough with pure metal to be mined by 
any means known to the owners. 

The first knowledge of cinnabar in the country was in 1860, when R. S. 
Jewett of Jackson county, on showing a red rock in his mineral collection to 
a traveller, was told that it was cinnabar. The Indians from whom he had 
obtained it could not be induced to reveal the locality, so that it was not until 
fifteen years later that a deposit of the ore was found in Douglas county, six 
miles east of Oakland. The reason given for concealing the location of the 
cinnabar mine was that the Indians had, by accident, and by burning a large 
fire on the rock, salivated themselves and their horses, after which they had 



COAL-FIELDS. 743 

a superstitious fear of it. Rogue River John, on seeing Jewett throw a piece 
of the rock upon the tire, left his house, and could not be induced to return. 
Portland West Shore, Nov. 1878, 73. The owners erected a furnace capable 
of retorting six hundred pounds per day to test the mine, and obtained an 
average of forty dollars worth of quicksilver from this amount of ore. The 
mine was then purchased by the New Idria company, which put up two fur 
naces, capable of retorting three tons daily. The assay of the ore yielded 
from sixty to eighty pounds of pure quicksilver per ton. Fuel being plenty 
and cheap made this a profitable yield. The mine was owned entirely in Ore 
gon. The officers were A. L. Todd president, A. C. Todd secretary, J. P. 
Gill treasurer, J. W. Jackson superintendent, T. S. Rodabaugh agent. Gill, 
Ilodabaugh, and Jackson composed the board of directors. The cost of open 
ing up the Nonpareil mine was $40,000. Roseburg Plain-dealer, Sept. 20, 1879. 
Partial discoveries of tin have been made in Douglas county, but no mine has 
yet been found. Among the known mineral productions of the southern 
counties are marble, salt, limestone, platina, borax, and coal. The latter 
mineral was discovered about the same time near the Columbia and at Coos 
Bay. 

The first coal discoveries at Coos Bay were made in 1853 near Empire City 
and North Bend. The first to be worked was the Marple and Foley mine, 
about one mile from the bay, which was opened in 1854. It was tried on the 
steamer Crescent City in May of that year, and also in S. F. , and pronounced 
good. S. F. Alta, May 6, 12, 1854. The first cargo taken out was carried in 
wagons to the bay, and transferred to flat-boats, which conveyed it to Empire, 
where it was placed on board the Chansey for S. F. The vessel was lost on 
the bar in going out, but soon after another cargo was shipped, which reached 
its destination, where it was sold at a good profit. This mine was abandoned 
011 further exploration, the next opened being at Newport and Eastport, in 
1858. James Aiken discovered these veins. The Eastport mine was opened 
by Northrup and Symonds, and the Newport mine by Rogers and Flannagan. 
The early operations in coal at Coos Bay were expensive, owing to the crudi 
ties of the means employed. The Eastport mine Avas sold in 1868 to Charles 
and John Pershbaker, and subsequently to another company. According to 
the S. F. Times of March 6, 18(39, the purchasing company were J. L. Pool, 
Howard, Levi Stevens, I. W. Raymond, J. S. Dean, Oliver Eldridge, Claus 
Spreckels, and W. H. Sharp. Rogers sold his interest in the Newport mine 
to S. S. Mann. These two mines have been steadily worked for sixteen years, 
and are now in a better condition than ever before. Several others have 
been opened, with varying success, the Southport mine, opened in 1875, being 
the only successful rival to Newport and Eastport. 

The coal-fields at Coos Bay appear to extend from near the bay to a dis 
tance of five miles or more inland, through a range of hills cropping out in 
gulches or ravines running toward the bay, and on the opposite side of the 
ridge. The strata lie in horizontal planes, having in some places a slight in 
clination, but generally level, and have a thickness of from eight to ten feet. 
They are easily reached by from three to five miles of road, which brings 
them to navigable water. The same body of coal underlies the spurs of the 
Coast Range for hundreds of miles. It has been discovered in almost every 
county on the west side of the Willamette, and along the coast at Port 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 in eastern 
Oregon, near Canon City, and on Snake River, three miles from Farewell 
bend. Roseburg Independent, Nov. 1, 1879; Oregon Facts, 15-16; Corvaliis 
Gazette, April 13, 1867; Portland West tihore, Feb. 1876, and Jan. and March 
1877; S. F. Mining and Scientific Press, Dec. 14, 1872; Gale s Resources of Coos 
Count;/, 45-56; Browne s Resources, 237; Resources of Southern Or., 10-12. 

With regard to the quality of the coals in Oregon, they were at first classed 
by geologists with the brown lignites. This name, says the Astortan of 
Aug. 29, 18/9, is an unfortunate one, as it is now proved that the coals called 



744 IMPORTS AND EXPORTS. 

lignites are not formed of wood to any greater extent than are the coals of the 
carboniferous period. It gives the impression of an inferior coal, which in the 
main is a mistaken idea, for coals of every quality, and fit for all uses, can be 
found in the so-called lignites of the Pacific coast. An analysis of Coos Bay 
coal, made in 1877, gave water 9.87, sulphur 3.73, ash 10.80, coke 50.00, vola 
tile gases 26.40. S. F. Call, June 23, 1867. Another analysis by Evans gave 
carbon in coke 60.30, volatile gases 25.50, moisture 9.00, ash 4.70; specific 
gravity 1.384. Or. Statesman, Aug. 18, 1857. It varies in appearance and 
character in different localities. At Coos Bay it is described as a clean, black 
coal, of lustrous chonchoidal fracture, free from iron pyrites, with no trace of 
sulphur, burning without any disagreeable odor and comparatively little ash. 
It cakes somewhat in burning and gives off considerable gas. This descrip 
tion applies equally well to the coal on the Columbia River, where it is has 
been tested, and to the mines on Puget Sound. In certain localities it is 
harder and heavier, and the same mine in different veins may contain two or 
more varieties. Later scientists speak of them as brown coals, and admit 
that they are of more remote origin, and have been subjected to greater heat 
and pressure than the lignites, but say that they occupy an intermediate 
position between them and the true coals. U. S. H. Ex. Doc., x. 206, 42d 
cong. 2d sess. It would be more intelligent to admit that nature may produce 
a true coal different from those in England, Pennsylvania, or Australia. 

The cost of producing coals at Coos Bay is one dollar a ton, and fifteen 
cents for transportation to deep water. Transportation to S. F. is two dol 
lars a ton in the companies own steamers of seven and eight hundred tons. 
In 1856 it was $13 per ton, and coal $40. The price varies with the market. 
Relatively, Coos Bay coal holds its own with the others in market. The 
prices for 1873 were as follows: Sidney, $17; Naniamo (V. I.), $10; Bellingham 
Bay, $15; Seattle, $16; Rocky Mountain, $16; Coos Bay, $15; Monte Diablo 
(Cal. ), $12. S. F. Bulletin, Jan. 14, 1873. Prices have been lowered several 
dollars by competition with Puget Sound mines. The value of the coals 
exported from Coos Bay in 1876-7 was $317,475; in 1877-8 it was $218,410; 
and in 1878-9 it was $150,255. This falling-off was owing to competition 
with other coals, foreign and domestic, and the ruling of lower prices for 
fuel. Still, as the cost of Coos Bay coals laid down in S. F. is less than four 
dollars, there is a good margin of profit. 

IMPORTS AND EXPORTS, 

I will now givea few statistics concerning imports and exports. In 1857 
Oregon had 60,000 inhabitants, and shipped 60,000 barrels of flour, 3,000,000 
pounds of bacon and pork, 250,000 pounds of butter, 25,000 bushels of 
apples, $40,000 worth of chickens and eggs, $200,000 worth of lumber, $75,- 
000 worth of fruit-trees, $20,000 worth of garden-stuff, and 52,000 head of 
cattle, the total value of which was $3,200,000. The foreign trade, if any, 
was very small. In 1861 the trade with California amounted to less than 
two millions, which can only be accounted for by the greater home consump 
tion caused by mining immigration, and the lessened production consequent 
upon mining excitement. This year the imports from foreign countries 
amounted only to $1,300, and the exports to about $77,000. During the 
next decade the imports had reached about $700,000, and the exports over 
$800,000. In 1881 the imports were a little more than $859,000, and the 
direct exports $9,828,905, exclusive of the salmon export, which amounted to 
$2,750,000, and the coastwise trade, which was something over six millions, 
making an aggregate of more than eighteen and a half millions for 1881. or 
an increase of almost a million annually for the twenty years following 1860. 
Reid s Progress of Portland, 42; HitteU s Resources Pacific North-wext, 57-8; 
Smalleifa Hi*t. N. P. R. /?., 374. The increase, however, was gradual until 
1874, when the exports suddenly jumped from less than $700,000 to nearly a 
million and a half, after which they advanced rapidly, nearly doubling in 
1881 the value of 1880. 



COMMERCE. 745 

The imports to Oregon have consisted of liquors, glass, railway iron, tin, 
and a few minor articles which come from England; coal comes from Aus 
tralia as ballast of wheat vessels; general merchandise from China; rice, 
sugar, and molasses from the Hawaiian Islands; and wool, ore, and hides from 
British Columbia. The exports from Oregon consist of wheat, oats, flour, 
lumber, coal, wool, salmon, canned meats, gold, silver, iron, live-stock, hops, 
potatoes, hides, fruit, green and dried, and to some extent the products of 
the dairy. A comparative statement of the principal exports is given for the 
year ending August 1878, in Reid s Progress of Portland, a pamphlet pub 
lished in 1879 by the secretary of the Portland board of trade. 

1877-8. 1876-7. 

Salmon to S. F., in cases, value $980,956 $1,750,350 

Wheat, flour, oats, hops, potatoes, lumber, hides, 
pickled salmon, treasure, and all domestic prod 
ucts from the Columbia to S. F., except wool 

and coal 3,765,687 2,332,000 

Wool exports via San Francisco 998,305 7-36,000 

Coal from Coos Bay 21,410 317,475 

Lumber from Coos Bay and the coast 151,234 173,367 



Total to San Francisco $6, 124,492 $5,329, 192 

Wheat and flour direct to the United Kingdom, 

value 4,872,027 3,552,000 

Canned salmon direct to Great Britain, value 1,326,056 737,830 

Beef arid mutton, canned and uncanned, value 133,895 365,733 

Wheat, flour, and other products to the Sandwich 

Islands and elsewhere, value 637,636 386,600 

Gold and silver from Oregon mines, value 1,280,867 1,200,000 

Cattle to the eastern states, etc ..... 270,000 



$14,644,973 $11,571,355 

Increase in one year 3,073,618 

The number of vessels clearing at the custom-house of Portland and Astoria 
for 1880 was 141, aggregating 213,143 tons measurement; 93 of these vessels 
were in the coastwise trade, the remaining 48, measuring 40,600 tons, were 
employed in the foreign trade. In 1881 the clearances for foreign ports from 
Portland alone were 140, measuring 130,000 tons, and the clearances for 
domestic ports, including steamships, were not less than 100, making an 
increase in the number of sea-going vessels of ninety-nine. 



CHAPTER XXIV. 

LATER EVENTS. 

1887-1888 

RECENT DEVELOPMENTS IN RAILWAYS PROGRESS OF PORTLAND ARCHITEC 
TURE AND ORGANIZATIONS EAST PORTLAND IRON WORKS VALUE OF 
PROPERTY MINING - CONGRESSIONAL APPROPRIATIONS NEW COUNTIES 
SALMON FISHERIES LUMBER POLITICAL AFFAIRS PUBLIC LANDS 
LEGISLATURE ELECTION. 

TAKING a later general view of progress, I find that 
the multiplication of railroad enterprises had become 
in 1887-8 a striking feature of Oregon s , unfolding. 
In this sudden development, the Northern Pacific had 
taken the initiative, causing the construction of the 
lines of the Oregon Railway and Navigation Com 
pany, the formation of the Oregon and Transconti 
nental and other companies, and finally the control 
for a time of the Northern Pacific by the Oregon 
interest. 1 That these operations miscarried to some 
extent was the natural sequence of overstrained 
effort. The city of Portland, and to a considerable 
extent, the state, suffered by the neglect of the 
Northern Pacific Terminal Company to construct a 

1 1 have already referred to the O. R. & N. co. s origin and management 
in 1879-83, but reference to the methods employed by Villard will not be 
out of place here. He gained an introduction to Oregon through being the 
financial agent of the German bond-holders of the Or. and Cal. R. R., and a 
year afterward was made president of this road and the Oregon Steamship 
co., of which Holladay had been president, through the action of the bond 
holders in dispossessing Holladay in 1875. In 1872 a controlling interest in 
the Oregon Steam Navigation co. , on the Columbia river, had been sold to 
the Northern Pacific R. R. co., and was largely hypothecated for loans, or 
on the failure of Jay Cooke & Co., divided among the creditors as assets. 
This stock was gathered up in 1879 wherever it could be obtained, at a price 
much below its real value. 
(746) 



RAILROADS. 747 

bridge over the Willamette river, and erect depot 
buildings on the west side. 2 These drawbacks to the 
perfection of railroad service w^ere removed, so far 
as a bridge is concerned, in June 1888, when the 
Oregon Railway and Navigation Company completed 
one, which was followed soon after by the erection of 
the present union dep6t. 

In the meantime two important changes took place 
in the railway system of the state. Negotiations 
had been for three years pending for the purchase of 
the bankrupt Oregon and California railroad, which 
were renewed in January 1887. The terms of the 
proposed agreement were, in effect, that the first 
mortgage bond-holders * should be paid at the rate of 
110 for their new forty -years gold five percent bonds, 
guaranteed principal and interest, by the Southern 
Pacific Railroad Company of California, together 
with four pounds in cash for each old bond; the new 
bonds to be issued at the rate of $30,000 per mile, 
and secured by a new mortgage, equivalent in point 
of lien and priority to the first mortgage, and bearing 
interest from Julv 1, 1886. Preferred stockholders 

V 

would receive one share of Central Pacific, together 
with four shillings sterling for each preferred share, 
and common stockholders one share of Central 
Pacific and three shillings for every four common 
shares. The transfer actually took place on the first 
of May, 1887, and the road was completed to a 
junction at the town of Ashland on the 17th of De 
cember of that year. This sale gave the California 
system the control of the trunk line to the Columbia 
river, and gave encouragement to the long contem 
plated design of its managers to extend branch lines 
eastward into Idaho and beyond. The Southern 
Pacific Company also purchased the Oregon railway 

2 The obstructing influence in the bridge matter was the N. P. co., whose 
consent was obtained only after the return to power of Villard. 

3 Suits of foreclosure had been entered in the U. S. circuit court at Port 
land, Deady, judge, which were dismissed June 4, 1888, on petition of the 
S. P. co, 



748 LATER EVENTS. 

in 1887, which had been sold in 1880 to William 
Reid of Portland. 

At the same time the Union Pacific, having modi 
fied its views since the period when it was offered an 
interest in the Oregon Kailroad and Navigation Com- 

~ o 

pany, desired to secure a perpetual lease of this prop 
erty. To this proposition the Oregon people were 
largely friendly, because it would change the status 
of the road from a merely local line to a link in a 
through line to Omaha, the other link beiiw the 

O O 

Oregon Short Line railroad, a Wyoming corporation, 
but controlled by the Union Pacific. The lease was 
signed January 1, 1887, and was made to the Oregon 
Short Line, the rental being guaranteed by the 
Union Pacific at five per centum of the earnings of 
the demised premises. 4 

Seeing in this arrangement a future railroad war in 

o 

which the Northern Pacific and LTnion Pacific would 
be, if not equal, at least coincident sufferers, Villard, 
who had regained his standing in the company by 
coming to its relief with funds to construct the costly 
Cascades division, desired to make the lease a joint 
one, by which means the threatened competition 
should be avoided. But competition was not unde 
sirable to the people, who had more cause to fear 
pooling. Besides, it was but natural that the North 
ern should wish to occupy all the country north of 
Snake river with its own feeders, and to confine the 
Oregon road to the country south of it. But the 

wheat region of eastern Washington, and the rich 

. 

mineral region of northern Idaho, were the fields into 
which Oregon wished to extend its business. These 
points being brought forward in the discussion of the 

* It was necessary to pass a special act giving authority to the 0. R. & "N". 
to make the lease. The legislature after much argument passed it; it was 
not signed by Gov. Pennoyer, but became a law without his signature. Ac 
cording to the corporation laws of Oregon, the lease of any railway to a 
parallel or competing line is prohibited. But a good deal of the opposition 
to the lease came from the Oregon Pacific, or Yaquina, R. R., which desired 
as much territory as it could by any means secure in eastern Oregon, and 
feared so strong a competitor as the U. P, R. R, 



GENERAL DEVELOPMENT. 749 

propesed joint lease, it was endeavored to smooth the 
way to an agreement by conceding to the Oregon line 
the carrying trade arising over a portion of the North 
ern feeders. 5 

The agreement gave the right and power, after 
July 1, 1888, for ninety-nine years, to the Oregon 
Short Line and Northern Pacific companies jointly 
to manage, operate, and control the Oregon Railroad 
and Navigation Company s railroad; to fix rates of 
transportation, to dispose of the revenues equally be 
tween them, and to pay equally the rental agreed 
upon in the original lease. It being apparent to the 
enemies of this arrangement that the majority of the 
directors of the Oregon company would be persuaded 
to sign the lease, a temporary injunction was applied 
for in the state circuit court by Van B. De Lashmutt, 
mayor of Portland, which injunction was granted 
March 1888, upon the ground of violation of Oregon 
law. It was subsequently dissolved, and the lease 
went into effect in July of that year. None of the 
parties to the agreement pretended that it would 
stand a legal test, but knew that it was liable to be 

o * 

abrogated at any time when circumstances should 
make it repugnant to either of the joint lessees. 6 

The Oregon Pacific, a name given to the Corvallis 
and Yaquina Bay railroad, subsequent to the incep 
tion, was completed to Albany in 1886, where a bridge 
over the Willamette was formally opened on the 6th 
of January, 1887. 7 It was, and still is, making its 

5 That is on the existing or future feeders of the N. P. between Pend 
d Oreille lake an 1 Snake river, and option was allowed to use either route to 
tide-water via Portland or Tacoma; but unless specially consigned other 
wise, this traffic should take the Oregon route. 

6 It is not clear to me what was Villard s motive for wishing to join in the 
U. P. s lease. The motive of that company, which the Central Pacific had 
kept out of California, in desiring to come to the Pacific coast is easy to com 
prehend. The O. R. & N. erred, in my judgment, in yielding the control of 
the best railroad property on the northwest coast to a company with the 
standing of the U. P. The Southern Pacific will show its hand in competition 
soon or late, and will build more feeders than the U. P., while the N. P., on 
the other side, will make the most of its reserved rights, thus narrowing 
down the territory of the leased road. 

7 The nr.st freight train to enter Albany was on Jan. 13, 1887. 



750 LATER EVENTS. 

way eastward from that town, through a pass at the 
head waters of the Santiam river. From the summit, 
which is 4,377 feet above sea level, the descent was 
easy and from Des Chutes river the route laid out 
passed through a farming country equal in produc 
tiveness to the famous wheat-growing basin of the 
Columbia in Washington, taking in the Harney and 
Malheur valleys, running through a pass in the moun 
tains to Snake river and thence to Boise, there to 
connect with eastern roads. The road at Yaquina 
connects with the Oregon Development Company s 
line of stoamers to San Francisco. The last spike 
was driven January 28, 1887, on a railroad from Pen- 
dleton in eastern Oregon to the Walla Walla, and 
other extensions of the Oregon Railway and Naviga 
tion Company s lines speedily followed. 

The Portland and Willamette vallev railroad is an 

i/ 

extension of the narrow guage system of the western 
counties before described. It was carried into Port 
land along the west bank of the Willamette, in the 
autumn of 1887, and affords easy and rapid transit to 
the suburban residences within a few miles of the city 
by frequent local as well as through trains. 8 

Portland improved rapidly between 1880 and 1888. 
It left off its plain pioneer ways, or all that was left 
of them, and projected various public and private 
embellishments to the city. It erected two theatres, 
and a pavilion in which were held industrial exhibi 
tions. A beautiful medical college was a triumph of 
architecture. The school board, inspired by the dona 
tion of $60,000 to the school fund by Mr Henry 
Villard, indulged in the extravagance of the most 

/ o <^> 

elegant and costly high-school building on the Pacific 
coast, and several new churches were erected. Citi 
zens vied with each other in adopting tasteful designs 

8 Twenty passenger trains arrived and departed daily, exclusive of sub 
urban trains. Six lines had their terminus there. Over 30 freight trains 
arrived and departed a great change from the times of 1883. 



NOTABLE ENTERPRISES. 751 

for their residences ; parks and streets were im 
proved ; street-car lines added to the convenience of 
locomotion ; business blocks arose that rivalled in 
stability those of older commercial cities; and 
wharves extended farther and farther along the river 
front. 

In May 1887 articles of incorporation were filed by 
a number of real estate brokers, who formed a Heal 
Estate Exchange. The object 9 of the corporation, as 
expressed, was laudable, and their number promised 
success, and the erection of a handsome Exchange 
building. The military companies built themselves 
an armory on an imposing design, and the Young 
Men s Christian Association followed with a structure 
of great merit, while a building known by the name 
of the Portland Library, and destined to be occupied 

* The incorporators were Ellis G. Hughes, W. F. Creitz, T. Patterson, J. 
P. 0. Lownsdale, L. M. Parrish, and L. D. Brown. The avowed object of 
the Real Estate Exchange is to secure a responsible medium of exchange of 
equal benefit to buyer and seller, to equalize commissions, to foster the 
growth of the state, encourage manufactures, and invite capital and immi 
gration. The list of stock-holders is as follows: L. F. Grover, Ellis G. 
Hughes, A. W. Oliver, Eugene D. White, E. J. Haight, Frank E. Hart. John 
Kiernan, Geo. Marshall, A. B. Manley, Robert Bell, J. W. Cook, Philo 
Holbrook, M. B. Rankin, H. C. Smithson, A. E. Borthwick, L. M. Cox, Geo. 
Woodward, John Angel, H. D. Graden, J. F. Buchanan, Fred. K. Arnold, 
E. W. Cornell, L. M. Parrish, Geo. E. Watkins, H. B. Oatman, R. B. Curry, 
J. L. Atkinson, D. W. Wakefield, A. W. Lambert, W. F. Crietz, T. Patter 
son, W. A. Daly, T. A. Daly, J. Fred. Clarke, Geo. Knight, Geo. P. Lent, 
A. J. Young, Van B. De Lashmutt, B. F. Clayton, J. P. O. Lownsdale, P. 
W. Gillette, David Goodsell, H. D. Chapman, Ward S. Stevens, J. W. Ogil- 
bee, C. M. Wiberg, S. B. Riggen, R. H. Thompson, Geo. L. Story, Win M. 
Killingworth, W. K. Smith, S. M. Barr, E. E. Lang, L. D. Brown, James 
E. Davis, Ed. Croft, Benj. I. Cohen, J. W. Kern, J. G. Warner, E. M. Sar 
gent, Sherman D. Brown, W. L. Wallace, E. Oldendorff, John M. Cress, 
Mert E. Dimmick, D. H. Stearns, W. G. Telfer, Edward G. Harvey, L. L. 
Hawkins, D. P. Thompson, Frank Dekum, Dudley Evans, E. D. McKee, 
James Steel, T. A. Davis, A. H. Johnson, John McCracken, Donald Macleay, 
Ed. S. Kearney, C. A. Dolph, J. N Dolph, Henry Failing, N. L. Pittock, R. 
M. Demeal, A. L. Maxwell, Preston C. Smith, C. J. McDougal, James K. 
Kelly, John H. Mitchell, W. A. Jones, C. W. Roby, Wm P. Lord, A. N. 
Hamilton, J. A. Strowbridge, John Gates 95 members. Two are U. S. 
senators, two ex U. S. senators, 12 are capitalists and bankers, one judge of 
the sup. ct, one mayor of Portland, one postmaster of Portland, 2 newspaper 
men, one a major in the U. S. army, 4 attorney s-at-law, 8 merchants, one 
manager of Wells, Fargo & Co. s express, one R. R. agent, and the remain 
der brokers and real estate dealers, 40 of whom are the holders of seats in 
the exchange. Rooms have been taken for the present at the corner of Stark 
and Second sts. The admission fee was at first $50, but was soon increased 
to 8100. No more than 100 seats will be sold, and the quarterly dues are 
fixed at $15. 



752 LATER EVENTS. 

by that institution, was built by subscriptions obtained 
chiefly by -its first president, Judge Deady. An im 
mense hotel, costing nearly a million dllars, and an 
art glass manufactory were added in 1888. 

East Portland shared in the prosperity of the greater 
city, and having a larger extent of level land for 
town-site purposes, offered better facilities for building 
cheap homes for the working classes. The Portland 
Reduction works was located there, and opened in the 
spring of 1887, for smelting ores from the mines of 
Oregon and Idaho. Street cars were introduced here 
in 1888, connecting with West Portland by means of 
a track laid on a bridge over the Willamette at Mor 
rison street, and with Albina by another bridge across 
the ravine which separates them. The extensive ware 
houses and other improvements of the Northern Pa 
cific railroad were at Albina, which thus became the 
actual terminus of that road, and of all the transcon 
tinental roads coming to Portland. A railroad across 
the plains northeast of East Portland carried passen 
gers to the Columbia, opposite Vancouver, and brought 
that charming locality into close neighborhood to 
Portland. 

At Oswego, a few miles south of Portland, the 
Oregon Iron Company s works, which in 1883 were 
closed on account of the low price of iron, and the 
incapacity of the furnaces to be profitably operated, 
were reopened in 1888 by the Iron and Steel Works 
Company, 11 employing over three hundred men. The 

10 Albina, as I have otherwheres shown, was founded by Edward Russell, 
but the property was sold in 1879 to J. B. Montgomery before the N. P.R.R. 
co. selected the site for its terminal works. This gave it importance, as the 
machine shops of the Terminal co., N. P., the O. R. & N., and the O. & C. 
cos were located there, to which are now added those of the S. P. R. R., 
making in all quite a village of substantial brick buildings with roof 3 of 
slate in the railroad yards. Montgomery dock has an area of 200x500 feet, 
and has had as much as 600,000 bushels of wheat stored in it at one time. 
In 1887 42,000 tons were shipped through it. The Columbia River Lumber 
and Manufacturing co. keeps an extensive lumber yard at Albina. The 
owners are J B. Montgomery and Wm M. Colwell. All these large enter 
prises, together with the iron works, employ many laborers, k who find pleasant 
homes in Albina. 

11 S. G. Reed, Wm M. Ladd, F. C. Smith, C. E. Smith, J. F. Watson, the Or. 
Transcontinental co., and some eastern capitalists constituted the company. 



SUBSTANTIAL IMPROVEMENTS. 753 

water power at Oregon City, which ever since 1841 
had been a source of discord, and had constituted at 
times an injurious monopoly, had finally come into the 
hands of a syndicate of Portland and Oregon City 
men, who designed to make the latter place what 
nature intended it to be the great manufacturing: 

o o 

centre of the state. 15 

The estimated value of property in Multnomah 
county at the close of 1887 was $27,123,780, and the 
value of transfers for that year about $6,000,000. 
The immigation to the state numbered nearly fifty 
thousand, and the importation of cash was estimated 
at $19,221,000. All parts of the state partook of the 
new growth. Salem had received the splendid state 
asylum for the insane, and the schools for the blind 
and the deaf and dumb, a manufactory of agricultural 
machinery, and other substantial improvements, be 
sides a woman s college, and a public school building 
in East Salem costing $40,000. 

The county-seat of Yamhill county had been re 
moved to the flourishing town of McMinnville. Cor- 
vallis, Albany, Eugene, and the towns in southern 
Oregon, of which Ashland was in the lead, all throve 
excellently. 

12 The O. R. & N. co. held formerly all but a few shares of the Willamette 
Transportation and Locks co. s stock, which latter company owned the 
locks, canal, basin, and warehouse on the east side of the falls, with all the 
water-power of the falls, and the land adjoining on both sides. An Oregon 
City co. owned 750 shares of the land on the west side, including that not 
owned by the W. T. & L. co. The new organization owns all of the land, 
property, stocks, and water-power, purchasing the 0. R. & N. co. s shares 
and all its interest. It proposes to give the necessary land on the west side 
free, with water-power for 10 years rent free, to any persons who will biiild 
and operate manufactures. It is also proposed to construct a suspension 
toll-bridge across the Willamette, provided the proper authorities do not 
build a free bridge, as they may do. The 0. R. & N. would not sell any 
part of its holding without selling all, therefore the new company were forced 
to purchase the locks, which gave them additional facilities for the u.se of 
the water-power. The state has, however, by law the right and option to 
buy the locks on the 1st of January, 1893, at their then value, and it is feared 
that this may delay the use of the power until this option is disposed of by 
legislation. The land and power were pooled on equal terms without refer 
ence to value, and the locks were estimated at $400,000. This is paid by a 
mortgage on the whole property running 12 years, bearing interest for 5 
years at 4 per cent, and for the next 7 years at 5 per cent. The pres t of the 
co, is E. L. Eastham of Oregon City, 
HIST. OR., VOL. II. 48 



754 LATER EVENTS. 

Mining also had a strong revival in the southern 
and eastern counties, while new discoveries and re 
discoveries were made in the Cascade range in Marion 
and Clackamas counties. No mining furore is likely 
ever to take place again in this state, if anywhere in 
the northwest. Placers such as drew thousands to 
Rogue river in 1851, and to John Day river in 1862, 
will probably never again be discovered. The hy 
draulic gravel mines of Jackson and Josephine coun 
ties have proved valuable properties, and a few 
quartz mines on the eastern border of the state have 
returned good profits. The reduction works at East 
Portland were erected to reduce the ores of the 
Coeurd Alene silver district chiefly. 12 Much Oregon 
capital had become interested in Cceur d Alene, and 
also in the recently discovered mines of Salmon river in 
eastern Washington, which were found upon the Chief 
Moses reservation, which is in the Okanagan country 
of the npper Columbia, once hastily prospected by 
miners in the Colville mining excitement, but only 
known to contain quartz mines since 1887. The total 
gold prodnct of Oregon in 1887 was over half a 
million, and of silver about $25,000. 

Although there is no lack of building stone in 
Oregon, if county statistics may be believed, 14 the 

13 The Cceur d Alene furnishes galena-silver ores. The Sierra Nevada 
mine, yielding ore consisting of galena and carbonates, is said to average 
$94. 79 in lead and silver. A block of galena weighing 760 pounds assayed 
69 per cent lead, and $1 10 in silver per ton. Some of the specimens are of 
rare beauty, the silver being in the form of wire intermingled with crystals 
of carbonate, arranged upon a back ground of a dark metallic oxide, and 
appearing like jewels in a velvet lined case. Some of the prominent mines 
are the Bunker Hill, Sullivan, the Tyler, the Ore-or-no-go, and the Tiger. 

14 The mineral resources of the several counties are: Baker: gold in quartz 
and placers, silver in lodes, copper, coal, nickel ore, cinnabar, building 
stone, limestone and marble. 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. Columbia: 
iron ore, coal, manganese ore, salt springs. Coos: coal, gold in beach sand, 
streams, and quartz, platinum, iridosmine, brick clay, chrome iron, magnetic 
sands. Crook: gold in placers. Curry: iron ore, gold in river beds and 
beach sands, platinum, iridosmine, chrome iron, borate of lime, build 
ing stone, silver and gold (doubtful). Douglas: gold in lodes and placers, 
nickel ores, quicksilver, copper, native and in ore, coal, salt springs, chrome 
iron, platinum, iridosmine, natural cement, building stone. Gilliam: coal. 
Grant: gold in lodes and placers, silver in lodes, coal, iron. Jackson: gold 



GOVERNMENT IMPROVEMENTS. 755 

fact remains that but one quarry is known to produce 
good building material, and that one is at East Port 
land, from which was taken the stone used in erectiiio* 

^5 

the lighthouse at Tillamook. The difficulty of obtain 
ing suitable material for the jetty being constructed 
at the mouth of the Columbia has delayed the work, 
and occasioned loss to contractors. As much as 
$20,000 was expended in exploring for good rock for 
this purpose in vain, a limited supply being found at 
one place only on the river. Yet there is known to 
be an abundance of good stone in the mountains of 
Lewis and Clarke river, near the mouth of the 
Columbia; but a railroad of fifteen miles is required 
to bring it to the coast, and $150,000 will have to be 
expended out of the appropriation for the work of 
improving the mouth of the Columbia. 

The plan of this work is to construct a low-tide 
jetty from near Fort Stevens, four and a half miles 
in a slightly convex course to a point three miles 
south of Cape Disappointment. It is intended both 
as a protection to Fort Stevens, and as the means of 
securing deep water in the channel. The cost is com 
puted at $3,710,000, and of this only $287,500 had 
been appropriated in 1887. The work was begun 
under the appropriation act of July 5, 1884. So far 
as it has progressed its effect on the entrance to the 
river has proven satisfactory. The lack of depth in 
the channel, which it is the intention to keep at thirty 
feet, prevents American vessels with deep bottoms 
from entering the river, while the light-draught 
British iron-bottomed vessels secure the trade. 

in lodes and placers, quicksilver, iron, graphite, mineral waters, coal, lime 
stone, infusorial earth, building stone. Josephine: gold in lodes and placers, 
copper ores, limestone and marble. Klamath: mineral waters. Lake: 
mineral waters. Lane: gold in quartz and placers, zinc ores. Linn: gold 
in quartz and placers, copper, galena, zinc blende. Malheur: nitrate beds, 
alkaline salts. Marion: gold and silver in quartz, limestone, bog iron ore. 
Morrow: . Mutlnomah: iron ore, building stone. Polk: building stone, salt 
springs, limestone, mineral waters, iron pyrites. Tillamook: gold in beach 
sands, coal, rock salt, iron pyrites, building stone. Umatilla: gold in lodes 
and placers, coal, iron. Union: gold in lodes and placers, silver in lodes, 
hersite, ochre. Wallowa: gold in lodes, silver, copper, building stones. 
Wasco: mineral waters. Yamhill: mineral springs, iron pyrites. Id., Jan. 
2, 1888. This in part only. 



756 LATER EVENTS. 

The state of Oregon is much indebted to the efforts 

o 

of United States Senator J. N. Dolph for the govern 
ment aid granted in improving the Columbia, as well 
as some lesser waterways. The drainage area of the 
Columbia is estimated by him to be greater than the 
ao re2fate area of all New England, the middle states, 

O O O " t 

and Maryland and Virginia ; and the far larger 
portion lies east of the Cascade range, which has no 
other water-level pass from the northern boundary of 
Washington to the southern line of Oregon. This 
pass is monopolized by the Oregon Railway and Navi 
gation Company s track on the south side, and by a 
railway portage of the same corporation on the north 
side. The government has undertaken to facilitate 
free navigation by constructing locks at the upper 
Cascades and improving the rapids, but the work is 
costly and proceeds with the proverbial tardiness of 
government undertakings, where appropriations are 
held out year after year with apparent reluctance, 
while the treasury is overflowing with its surplus. 
The work has been going on for eight or ten years, 
during which time only about half the $-2,205,000 
required has been appropriated. The river and 
harbor line passed by congress in 1888, and warmly 
advocated by the Oregon senators, was shaped by 
them to carry forward these important improvements. 
Another improvement advocated by Dolph is a local 
railway at the Dalles, which will cost $1,373,000. 
Besides this, the rapids of the Columbia above the 
mouth of Snake river will require to overcome them, 
the expenditure of $3,005,000; that is, the sum of 
$5,440,500 will, it is believed, open to competition a 
distance of 750 miles. This will have the effect to 
cheapen freights, which now are entirely in the hands 
of the railroad combination, except on the lower 
Columbia. There can be no doubt that these improve 
ments will be made at no very distant day, when the 
Columbia will be a continuous waterway reaching 1,000 
miles into the interior of the continent. The Oregon 



COAST COUNTIES. 757 

delegation in Washington was very persistent at this 
period in claiming appropriations for public works. 1 
Senator Mitchell obtained $80,000 for the erection of 
a first-class lighthouse near the mouth of the Umpqua 
river ; $15,000 for a site and wharf at Astoria for the 
use of the lighthouse department, and asked for 
money to construct the revetment of the Willamette 
at Corvallis. 

The coast counties developed very gradually, 
although they received a part of the immigration, 
and were finally prosperous. Scottsburg projected a 
railway which, if it can be extended to Coos bay, should 
be a good investment. At Sinslaw a settlement was 
made, 1l with three fish-canning establishments, and a 
saw-mill. There being a good entrance to the river, 
the bottom lands rich, the water excellent, and the 
climate healthful, this section offered attractions to 

settlers, and a railroad might be made to connect with 

<_ < 

one from Scottsburg. 

Yaquina, from the opening given it by the Oregon 
Pacific, and a line of steamers to San Francisco, made 
considerable growth, assumed pretensions of a fashion 
able resort, and planned to erect a large hotel a few 
miles south of the bay, where hunting, fishing, and 
beach driving were guaranteed the tourist. Little 
change had been effected in the more northern coast 
counties. 

In eastern Oregon two new counties were organized 

o o 

Morrow county, named after Governor Morrow, 
with the county seat at Heppuer, and formed out of 
the south-west portion of Umatilla; and Wallowa 

15 Dolph has been at some pains to prepare a bill for expending $126.000,- 
000 in coast defences, according to the recommendation of a commission 
appointed to report upon the subject. It appropriates 27,000,000 for the 
defence of San Francisco harbor; $2,519,000 for the defence of the mouth of 
the Columbia; and -$504,000 to the harbor of San Diego. 

16 George M. Miller, of Eugene, is the founder of Florence, although 
David Morse Jr, of Empire City, made an addition to the town. Lots are 
worth from $25 to $50 and $100. The Florence Canning co. employs 80 men 
with 40 boats, besides 45 Chinese. The Lone Star Packing co. employ 32 
men, 16 boats, and 35 Chinese. The Elmore Packing co. employs 80 men, 
40 boats, and 65 Chinese. The three establishments put up 1,700 cases 
daily. 



758 LATER EVENTS. 

county, formed out of a portion of Union, with the 
county seat at Joseph. 17 Railroads were being rapidly 
constructed from all directions toward the main lines 
to carry out the crops, wool, and stock of this division 
of the state. The wool clip of 1887, which was 
shipped to Portland, was 12,534,485 pounds, the 
greater portion of which was from eastern Oregon. 
The movement at Portland of wheat and flour for 
1887 equalled the bulk of the wheat production of 
Oregon and eastern Washington combined. 18 Lump 
ing the receipts of Willamette valley and eastern 
Oregon and Washington wheat, there were received 
at Portland 3,927,458 centals, against 5,531,995 re 
ceived in 1886; and 302,299 barrels of flour against 
354,277 for the latter year. Of this amount, 553,920 
centals of wheat, and 165,786 barrels of flour, were 
from the Willamette valley. A fleet of 73 vessels, 
registering 93,320 tons, was loaded with grain at 

Oregon wharves. 

o 

There has been a steady decline in salmon canning 
on the Columbia since 1883, falling from 630,000 
cases to 400,000 in 1887. This may reasonably be 
attributed to the over-fishing practised for several 
years consecutively. Nature does not provide 
against such greed, and it is doubtful if art can do 
it. The government, either state or general, should 
assume control of this industry by licensing a certain 
number of canneries, of given capacity, for a limited 
period, and improving the hatcheries. Otherwise 
there is a prospect that the salmon, like the buffalo, 
may become extinct. 

Although Oregon built the first saw-mills on the 
Pacific coast, and enjoyed for a few years the monop 
oly of the lumber trade with California and the Ha- 

17 The name of Joseph is given in remembrance of the Nez Perce chief 
of that name, who formerly made his home in this valley, and young Joseph, 
hi.3 son, who led his band in the war of 1877. The first commissioners of 
V\~ullowa co. were James McMasterton and J. A. Runhed. The first com 
missioners of Morrow were William Douglas and A. Rood. 

8 A portion of the wheat crop of Washington was carried to Tacoma via 
the Cascade branch in 1887. 



LUMBER. 759 

waiian islands, since the establishment of the immense 
lumbering and milling properties on Puget sound, 
chiefly controlled by capital in San Francisco, it has 
been difficult to market Oregon lumber, except on 
sufferance from the great lumber firms. In 1885, 
however, the experiment was made of sending cargoes 
of lumber to the eastern states direct by rail, which 
has resulted in a trade of constantly increasing im 
portance, having grown from 1,000,000 feet to 10,000,- 
000 feet monthly. The market is found everywhere 
along the line from Salt Lake to Chicago. The lease 
to the Union Pacific of the Oregon Railway and Nav 
igation Company s lines will facilitate this traffic. This 
trade belongs at present solely to Oregon, and is inde 
pendent of the 100,000,000 feet exported annually to 
Pacific coast markets. 11 

19 In many ways the improvement in local institutions might be noted. 
A fruit grower s association was formed, Dr J. R. Cardwell, president, 
which held its first annual meeting January 5, 1887. On the llth of the 
same month the Portland Produce Exchange was organized. The state 
"board of immigration transferred its office to the Portland board of trade in 
Sept. 1887. A G-atling battery was added to the military organizations of 
Portland. On April 7, 1886, the Native Sons of Oregon organized. On the 
17th of August, 1887, the corner stone of the new Agricultural college was 
laid at Corvallis. The state has done nothing to withdraw the Agricultural 
college from the influences of sectarianism. The Southern Methodist State 
Agricultural college, as a local newspaper calls it, will not rise to the stand 
ing which the people have a right to demand for it until it becomes, as con 
gress intended, a part of the state university. A free kindergarten system 
was inaugurated in Portland; and a Woman s Exchange opened, which gave 
cheap homes to homeless women, with assistance in finding employment. 
The Teachers National convention of 1888 at San Francisco showed the work 
of the Portland schools to be very nearly equal to the best in the United 
States, and superior to many of the eastern cities. Albany, since the incep 
tion of the Oregon Pacific R. R. , has gained several new business institutions. 
The railroad round-house and shops were located there. Among its manu 
factories were extensive flouring mills, furniture factories, wire works, iron 
foundries, and a fruit packing establishment. An opera house was erected 
by a joint stock company, and a public school building costing $20,000. 
The aggregate cost of new buildings in 1887 was $160,000, with a popula 
tion of 3,500. The electric light system has been introduced. The water 
power furnished by the Albany and Santiam Water, ditch, or canal com 
pany, with a capacity of 20,000 running feet per minute, invites industries 
of every kind depending upon geared machinery. 

Roseburg in Douglas county took a fresh impetus from the completion 
of the Oregon and California R. R. The county of Douglas, witli a popu 
lation of 14,000 and a large area, shipped in the year ending August, 1887, 
269 tons of wool, 5,073 tons of wheat, 436 tons of oats and other grains, 
288 tons of flour, 8 tons of green fruit, 61 tons of dried fruit. This being 
done with no other outlet than via Portland, was an indication of what 
might be looked for on the opening of the country south of Roseburg. 



760 LATER EVENTS. 

The administration of Governor Moody was a fair 
and careful one, marked by no original abuses, 
although it failed to correct, as it was hoped it would 
have done, the swamp-land policy, by which the state 
had been robbed of a handsome dower. The legisla 
ture of 1878 had endeavored to correct the evil grow 
ing out of the legislation of 1870, but Governor 
Thayer had so construed the new law as to render it 
of no effect in amending the abuses complained of; 
and Governor Moody had not interfered with the 
existing practices of the swamp-land board. Here, 
then, was a real point of attack upon a past adminis 
tration, when a democratic governor was elected in 
1886. 2] Governor Sylvester Pennoyer was quite will 
ing, and also quite right to make it, and doubtless 
enjoyed the electrifying effect of his message to con 
gress, in which he presented a list of swamp-land 
certificates aggregating 564,969 acres, on which 
$142,846 had been unlawfully paid, and suggested 
that while settlers should be protected in possession 
of a legal amount legally purchased, the money, 
which under a " misapprehension had come into the 
treasury from other persons, should be returned to 
them ; and "the state domain parcelled out, as was 
the intent and letter of the law, to actual settlers in 
small quantities." Further, the new board of school- 
land commissioners 2 ! prepared a bill, which embodied 

20 1 have already given an account of the manner in which the law of 
1870 was passed, and with what motive. The legislature of 1878 had en 
acted that all applications for the purchase of these lands from the state 
which had not been regularly made, or being regularly made the 20 per 
cent required by law had not been paid before Jan. 17, 1879, should be void 
and of no effect. But it appeared that the board, consisting of the governor, 
secretary and treasurer, had issued deeds and certificates to lands which had 
not been formally approved to the state by the secretary of the interior, and 
to which, consequently, it had no show of title. It had issued deeds and 
certificates for amounts in excess of 320 acres all that by law could be sold 
to one purchaser selling unsurveyed and unmapped lands in bodies as large 
as 50,000, 60,000, or 133,000 acres, and otherwise encouraging land-grabbing. 

21 The secretary of state under Gov. Moody was R. P. Earhart; and the 
treasurer Edward Hirsch. They constituted with the governor the board 
land commissioners. 

2 The new board consisted of Governor Pennoyer, secretary of state, 
George W. McBride, and Edward Hirsch, who had been treasurer through 



LAND MATTERS. 761 



the views of the governor, and presented it to the 
legislature with a recommendation that it.or something 

CJ -^ 

very like it, should be enacted into a law. It declared 
void all certificates of sale made in defiance of the 
law of 1878, but provided that actual settlers on 320 
acres or less should be allowed to perfect title without 
reclaiming the land, upon payment of the remaining 
80 per cent before January 1, 1879. Upon the sur 
render of void certificates the amount paid thereon 
should be refunded ; and a special tax of one mill on 
a dollar of all taxable property in the state should be 
levied, and the proceeds applied to the payment of 
outstanding warrants made payable by the act. Suit 
should be brought to set aside any deed issued by the 
board upon fraudulent representation. The reclama 
tion requirement of the law of 1870 was dispensed 
with, and any legal applicant who had complied with 
the provisions of that act, including the 20 per cent 
of the purchase price, prior to January 1879, should 
be entitled to a deed to not more than 640 acres, if 
paid for before 1889. All swamp and overflowed 
lands reverting to the state under the provisions of 
the act should be sold as provided by the act of 1878; 
but only to actual settlers, and not exceeding 320 
acres to one person, Any settler who had purchased 
from the holder of a void certificate should be en 
titled to receive the amount of money paid by him to 
the original holder, which should be deducted from 
the amount repaid on the surrender of the illegal cer 
tificate. Such an example of justice had not sur 
prised the people of Oregon since the days of its 
founders. According to the report of the board for 
1887 the school fund will save nearly, if not quite, a 
million dollars by the rescue of these lands from fraud 
ulent claimants, 

several previous terras. McBride was a republican and had been speaker of 
the house in 1885. He was the younger son of James McBride the 
pioneer, and brother of James McBride of Wis., John R. McBride of Utah, 
and Thomas McBride, attorney of the 4th judicial district of Or. An up 
right and talented young man. 



762 LATER EVENTS. 

The legislature of 1887 proposed these amendments 
to the people, to be voted upon at a special election : 
First, a prohibitory liquor law ; second, to allow the 
legislature to fix the salaries of state officers; third, 
to change the time of holding the general elections 
from J ane to November. All failed of adoption. J. 
H. Mitchell was again chosen United States senator. 

The free trade issue in 1888 caused the state to 
return a large republican majority, 23 arid again gave to 
that party the choice of aUnited States senator to suc 
ceed Dolph. Herman was elected congressman for a 
third term. The financial condition of the state was ex 
cellent, the total bonded debt being less than $2,000, and 
outstanding warrants not exceeding $54,000. 

Thus was built up, within the memory of living 
men, a state complete in all its parts, where, when 
they entered the wilderness, the savage and the fur- 
hunter alone disturbed the awful solitudes. Whom 
the savage then spared, king death remembered, beck 
oning more and more frequently as time went on to 
the busy toilers, who in silence crossed over Jordan 
in answer to the undeniable command, and rested from 

their labors." 

I 

23 The democrats elected only 25 out of the 90 members of the legislature. 
The republican majority wag about 7,000. 

24 1 find in the archives of the Pioneer association for 1887 mention of the 
death of the following persons, mo.st of whose names are recorded in the immi 
grant lists of the first vol. of my History of Oregon: Capt. William Shaw 
(immigrant of 1844) died at Howell prairie, 20th January, 1887. Capt. 
Charles Holman (arrived 1852) died at Portland 3d July, 1886; Prof. L. J. 
Powell (1847) died at Seattle 17th August, 1887; David Powell (1847) died 
near East Portland 8th April, 1887; Peter Scholl (1847) died near Hillsboro 
in November, 1872; Mrs Lucinda Spencer, (1847) daughter of Thomas and 
Martha Cox, died 30th of March, 1888; Mrs Sarah Fairbanks King, (1852) 
who was Mrs George Olds when she came to Oregon, died 19th January, 
1887; Solomon Howard Smith, of the Wyeth party of 1832, died on Clatsop 
plains in 1874, at the age of 65 years; he was born December 26, 1809 at 
Lebanon, N. H.; Alvin T. Smith (1840) died in 1887 at Forest Grove; he 
was one of the independent missionaries, and was born in Branford, Conn., 
Nov. 17, 1802, his first wife being Abigail Raymond, who died in 1855^ 
when he returned to Conn., and married Miss Jane Averill of Branford, 
who survived him; Mrs Mary E. Frazer, nee Evans, born in Newburyport, 
Miss., Dec. 13, 1816, who married Thomas Frazer, and came to Oregon in 
1853, died in Portland 21st April, 1884. 

In 1886 there died of Oregon s pioneers the following: Jan. 21st, Mrs 
Clara B. Duniway Stearns, born in Oregon, wife of D. H. Stearns, and only 



BIOGRAPHICAL. 763 

It is a pleasure to the historian, who, by closely 
following the stream of events, has identified himself 
with the characters in his work, to observe with what 
unfailing justice time makes all things even. At the 
annual meeting of the Oregon Pioneer association at 

c? i_> 

Portland, in 1887, Matthew P. Deady, acting as 
speaker for the city, presented to the association a 
life-size portrait of John McLoaghlin, which was 
afterward hung in the state capitol, u where," said the 
speaker, " you may look at it and show it to your 
children, and they to their chileren, and say : * This 

daughter of Mrs Abigail Scott Duniway, at Portland; George F. Treban 
Jan. 21st at Portland; Mrs M. J. Saylor Jan 24th at McMinnville; Simeon 
Alber (1853) at McMinnville Jan. 24; Frank Hedges at Oregon city Feb. 
22d; Samuel A. Moreland at Portland March 19th; W. McMillan at East 
Portland April 26th; Mrs J. A. Cornwall (1846) at Eugene May 2d; Elijah 
Williams at East Portland May 16th; James Johns, founder of the town of 
St Johns, May 28th; Gen. John E. Ross at East Portland June 14th; W. W. 
Buck (1844) at Oregon city June 19; Mrs James M. Stott at East Portland 
June 26th; Mrs Susan A. Tartar in Polk co. June 28th; Mrs Sarah Vaii- 
denyn in Lane co. June 28th; Captain Seth Pope in Columbia co. July 23d; 
Mrs Mary Stevens Ellsworth (1852) at Cove, in Union co., July 24th; Rev. 
E. R. Geary at Eugene city Sept. 2d; W. H. Bennett (1845) at Rockford, W. 
T., Sept. 12th; Robert E. Pittock at Canoiisburg, Pa.. Sept 16th; Samuel 
M. Smith at Portland Oct. 25th; L. J. C. Duncan, Jackson co. Nov. 7th; 
Whiting G. West (1846) Nov. 8th; James Thompson at Salem Nov. 8th; 
Prof. Newell at Philometh college, Nov. 10th; Mrs Mary Olney Brown, 
at Olympia Nov. 17th; A. Walts at Portland Dec. 17th; Jacob Hoover 
(1844) at his home near Hillsboro , Dec. 19th. 

In 1887: Ex.-Gov. Addison C. Gibbs died in London, Eng., early in Jan.; 
his funeral occurred July 9th at Portland; Mrs D. M. Moss of Oregon city 
a pioneer of 1843, d. Jan. 23d; George W. Elmer, Portland, Jan. 20th; Mrs 
W. T. Newby (1844), Jan. 28th; Mrs A. N. King (1845), fan. 30th; James 
Brown (1843), Feb. 8th, at Wooclburn; H. M. Humphrey (1852), near Port 
land, Feb. 3d; Mrs Ellen Daley, at East Portland, Feb. 3d; Mrs Col W. L. 
White (1850), at Portland, Feb. 20th; Mrs William Mason of Monmouth, 
and Mrs Wallace of Linn co., Feb. 21st; John G. Baker at McMinnville, 
March 4th; Judge William Strong (1849), at Portland, April 16th; Mrs 
James B. Stephens (1844), at East Portland, April 27th; Benjamin Strang, 
at Astoria, May 7th; N. D. Gilliam (1844), at Mount Tabor, May 15th; M. 
Tidd, in Yamhill co., May 22d; Levi Knott, at Denver, Col., May 29th; E. 
Norton and J. Schenerer, Portland, June 7th; Mrs Frances 0. Adams (1845), 
wife of W. L. Adams, June 23d; Robert Pentland, at Scio, June 5th; Dr 
Cabannis, of Modoc war fame, at Astoria, July 22d; Dr R. B. Wilson, at 
Portland, August 6th; Prof. L. J. Powell, long a teacher in Or., at Seattle, 
Aug. 17th; Rev. E. R. Geary, Sept. 2, 1886; Mrs J. H. Wilbur, at Walla 
Walla, Oct. 2d; Mrs Joseph Imbire, at The Dalles, Oct. 23d; Rev. J. H. 
Wilbur, at Walla Walla, Oct. 28th. 

On the 10th of Feb., 1888, Dr W. H. Watkins, at Portland; on the 23d 
of April died Hon. Jesse Applegate. Both these men were members of the 
convention which formed the state constitution. Thus the makers pass 
away, but their work remains. Rev. Wiliiam Roberts died July 2, 1888, at 
Dayton. 



764 BIOGRAPHICAL. 

is the old doctor ; the good doctor ; Dr John Me- 
Loughlin/ And this sentiment was applauded by 
the very men who had given the "good old doctor 
many a heart-ache along in the forties. " But," con 
cluded Judge Deady, " the political strife and religious 
bigotry which cast a cloud over his latter days have 
passed away, and his memory and figure have risen 
from the mist and smoke of controversy, and he stands 
out to-day in bold relief, as the first man in the history 
of this country the pioneer of pioneers ! 

I cannot close this volume without brief biographies of the following men: 

Henry Winslow Corbett, a native of Westborough, Massachusetts, where 
he was born on the 18th of February, 1827, is of English descent, his ances 
try being traced back to the days of William the Conqueror, when the name 
of Roger Corbett is found among the list of those who won fame and posses 
sions as a military leader. The youngest of eight children, after receiving a 
public school and academy education, he began life in the dry goods business 
in New York city, proceeding thence in 1851 to Portland, where he was ex 
tremely successful in his ventures, being now the oldest merchant in Port 
land, and perhaps in Oregon. He is, moreover, largely interested in banking, 
being connected with the First National bank almost from its inception, and 
now its vice-president. He was also appointed president of the board of 
trade, of the boys and girls aid society, and other charitable associations, 
and of a company organized to complete a grand hotel, to be second only in 
size to the Palace hotel in San Francisco. On the formation of the republi 
can party in Oregon, Corbett became one of its leaders. He was chosen 
delegate to the Chicago convention of 1860, and in 1866 was elected to the 
United States senate, where he won repute by his practical knowledge of 
financial affairs, his able arguments on the resumption of specie payments, 
and the funding of the national debt, and his resolute opposition to all meas 
ures that savored of bad faith or repudiation. As a statesman he is noted 
for his boldness, eloquence, and integrity of purpose; as a business man for 
his ability and enterprise; and as a citizen for his many deeds of charity. 
In 1853 he was married to Miss Caroline E. Jagger, who died twelve years 
later, leaving two sons, of whom only the elder, Henry J. Corbett, survives. 
The latter has already made his mark in life, following in the footsteps of 
his father, to whom he will prove a most worthy successor. 

William S. 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 been one of Ore 
gon s foremost men. His benefactions have been many and liberal, one 
tenth of his income being devoted to charity. He has assisted both in the 
city of Portland, where he resides, and throughout the whole north-west, in 
building churches and schools. He endowed a chair of practical theology 
in San Francisco in 1886 with $50,000. He has given several scholarships to 
the Willamette university, and assisted many young men to start in business, 
In 1854 he married Caroline A. Elliott of New Hampshire, who bore him 
seven children, five of whom were living in 1888, William M., Charles E., 
Helen K., Caroline A., and John W. Ladd. The eldest son, William M. 
Ladd, is in every respect the worthy son of his father. 

C. H. Lewis was born December 22, 1826, at Cranbury, New Jersey, 
where he attended school, working sometimes on a farm. In 1846 he entered 



BIOGRAPHICAL. 765 

a store in New York city, where he became proficient in mercantile affairs, 
and in 1851 came to Portland, where he engaged in business, the house of 
Allen and Lewis rising into foremost prominence. Mrs Lewis, the daughter 
of John H. Couch, is the mother of eleven children, all born in Portland. 
Mr Lewis attends closely to his business, and no man in the community 
stands in higher esteem. 

Henry Failing was born in New York on the 17th of January, 1834. 
After a good grammar-school education, he entered a mercantile house, 
where he acquired proficiency in first-class business routine. Arriving in 
Oregon in 1851, he engaged in business, first in connection with his father, 
Josiah Failing, and later with H. W. Corbett. The firm rose to prominence, 
being the largest hardware dealers in the north-west. Failing and Corbett 
in 1809 took control of the First National Bank, the former being made 
president. Mr Failing has always been a prominent citizen, a friend of edu 
cation, and three times mayor. In 1858 he married Emily P. Corbett, sister 
of Senator Corbett. Twelve years later Mrs Failing died of consumption, 
leaving three charming daughters. Mr Failing is a citizen of whom Oregon 
may well be proud. 

Worthy of mention among the lawyers and statesmen of Oregon is 
Joseph Simon, of the well known Portland law firm of Dolph, Bellinger, 
Mallory, and Simon. A German by birth, and of Jewish parentage, he 
came to Portland when six years of age, and at thirteen had completed his 
education, so far, at least, as his school-days were concerned. After assist 
ing his father for several years in the management of his store, he studied 
law, and in 1872 was admitted to practice, soon winning his way by dint of 
ability and hard work to the foremost rank in his profession. In 1878 he 
was appointed secretary of the republican state central committee, of which 
in 1880, and again in 1884 and 1886, he was appointed chairman, and in the 
two first years, and also in 1888, was elected to the state senate. While a 
member of that body he introduced and succeeded in passing many useful 
measures, among them being a bill authorizing a paid fire department, a 
mechanics lien law, a registration law, and one placing the control of the 
police system in the hands of a board of commissioners. 

Royal K. Warren was born in Steuben co., N. Y. , in 1840, and educated in 
that state, coming to Oregon in 1863. He entered upon teaching as aprofes- 
sion in Clatsop co., whence he removed to Portland in 1865, teaching in the 
Harrison st grammar school until 1871, when he was called to the presidency 
of the Albany college, which position he retained nine years. He then re 
turned to Portland, where he was principal of the North school for one 
year, from which he was removed to the high school. 

J. W. Brazee, born in Schoharie co., N. Y., in 1827, was educated for a 
civil engineer and draughtsman, and also learned the trades of carpentry 
and masonry. Thus equipped, he came to Cal. in 1850 in a sailing vessel. 
He worked at his trades, and among other buildings, erected the episcopal 
church on Powell street. He also engaged in mining and other industries, 
and removed to Or. in 1858. Here his engineering knowledge was called 
into use, and he located the trail between Fort Vancouver, W. T., and Fort 
Simcoe, east of the Cascades, notwithstanding that McClellan had reported 
that a pack-trail between these points was impracticable. The work was 
accomplished in 30 days at a cost of $4,000, and the trail immediately used 
for transporting government freight between these posts. His next work 
was that of constructing a railroad portage around the cascades of the 
Columbia on the Oregon side for J. S. Ruckle, the first railroad built in Ore 
gon, and completed in 1862, when the locomotive pony was put upon the 
track, and run by Theo. A. Goffe. The steamboats Idaho and Carrie 
Ladd were built by him in 1859 and 1860; and in 1862 took charge of the 
construction of the railroad portage on the Washington side, being also 
placed in charge of the Dalles and Celilo railroad the following year; these 
roads remaining under his superintendence until 1879, when the 0. S. N. 
company transferred them to Villard. He located the 0. C. R. R. (west 



766 BIOGRAPHICAL. 

side) for 20 miles, in 1868; located and surveyed the Locks at Oregon City, 
and estimated the cost of construction more nearly than any one else. In 
March 1881 he organized 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 Savings 
Bank of which he was for several years vice-president. Mr Brazee resided 
in Ska mania co., Washington, during all these busy years, and represented 
his district in the territorial legislature from 1864 to 1875, being at the same 
time school superintendent. 

John Wilson, born in Ireland in 1826, came to Oregon from California 
in the winter of 1849 on the bark Arm Smith, George H. Flanders, master. 
His first work in this state was in a saw-mill at the now abandoned site of 
Milton on Scappoose bay, near St Helen, where he earned $4 per day and 
board. He remained here until the spring of 1851, when, not being well, 
he went to the Tualatin plains for a season, where he recovered and re 
turned to Milton, living there and at St Helen until 1853, when he settled 
in Portland in the employ of Thos H. Dwyer of the Oreyonian as book-keeper 
and collector. A year later he entered the employ of Allen and Lewis, 
wholesale merchants, where he had an experience worth relating. He had 
been suffering much from ague and fever for two years. The first day s 
work with Allen and Lewis was very severe for a sick man, handling heavy 
freight, which was being unloaded from a ship, coffee-bags weighing 250 Ibs. , 
etc. ; but the copious perspiration which resulted from his exertions carried off 
the ague, which never afterward returned. In 1856 he purchased a general 
merchandise business on Front street, and took partners. In 1 858 the firm 
erected the first store (a brick one) on First street. After several changes, 
he was finally established, 1870, alone in a store erected by himself on 
Third street, between Morrison and Washington. In 1872 he built two 
more stores on that street, moving into one of them, where he remained 
until 1878. In 1880 he was elected school director of distNo. L, which posi 
tion he still fills. His policy in school matters has been liberal and elevat 
ing, After retiring from business he began to indulge a taste for literature 
and books, making himself the owner of a large collection of valuable 
and rare publications. 

Martin Strong Burrell was born in Sheffield, Ohio, in 1834, where he re 
sided until 1856, when he came to Cal. in search of health, wintering in the 
Santa Cruz mountains. In March 1857 he joined Knapp & Co., agricultural 
implement dealers, becoming associated with them in business, and remain 
ing in Portland to the time of his death, which occurred about 1883. His 
wife was Rosa Frazier, a native of Mass. Mr Burrell was an excellent citi 
zen, and the family an exemplary one. 



INDEX 



Abbott, G. H. , Indians massacred by, 
1854, ii. 330; Ind. war, 1856, ii. 
405; Ind. agent, 1860, ii. 466, 477- 
8. 

Abernethy, G., trustee of Or. Insti 
tute, 1842, i. 202; petition to cong. 
i. 207-11; resolution of, 1842, i. 
297; gov. of Or., 1845, i. 471-2; 
messages of, 1845, i. 488, 528-31, 
536-8; 1847, i. 669-70; 1849, ii. 60; 
letter to McLouglilin, i. 491 ; inter 
course with Howison, 1846, i. 586- 
7; reflected, 1847, i. 612; character, 
i. 612-13; proclamation of, 1847, i. 
680; correspond, with Douglas, i. 
681-2; with Ogden, i. 687-8; ad- 
ministr., i. 782-3. 

Abiqua creek, battle of, 1848, i. 747- 
9. 

Accolti, Father M., arrival in Or. 
1844, i. 325; in charge of mission, 
i. 327; correspond, with Lee, 1848, 
i. 743-4; biog., i. 744. 

Adair, J., collector, 1848, i. 777; ii. 
J04. 

Adams, E., biog., i. 634. 

Adams, S. C., mention of, ii. 684. 

Adams, T., mention of, i. 169-70; 
oratory of, 226-7. 

Adams, W. L., biog., etc., of, ii. 170; 
collector, 1861, ii. 458. 

Adams, Point, reservation at, 1849, 
ii. 86; fortified, 1861-2, ii. 511. 

Agricultural college, establd, etc., 
1868, ii. 660-1. 

Aiken, J., mention of, ii. 743. 

Aikin, H. L., biog., i. 634. 

Ainsworth, J. C., master of Multno- 
mah lodge, 1848, ii. 31; steamboat- 
ing. 4SO-1; biog. 487 

Alabama, petition from, 1843, i. 382. 

Albany, condition, etc., of, 1848, ii. 
5-6, 716; hosiery-mill at, ii. 732-3; 
flax-mill, ii. 737. 



Albany academy, mention of, ii. 682. 
Albany collegiate institute, ii. 682. 
Albina, improvements, etc. , at, ii. 752. 
Albion, ship, case of the, 1849-50, ii. 

104-6, 110. 
Alcorn, Capt. M. F., the Ind. war, 

1855, ii. 386-8. 
Alden, Capt., the Rogue river war, 

1853-^, ii. 313-16. 
Alderman, A., altercation with Mc- 

Loughlin, 1844, i. 459-60. 
Allen, B. S.,Ind. commissioner, 1851, 

ii. 208. 

Allen, J., mention of, i. 509. 
Allen, S., mention of, i. 633. 
Allen, congressman, resolutions of, 

1844, i. 385-6. 

Allis, S., mention of, i. 104-5. 
Allphin, W., biog., i. 635. 
Alton, meeting at, 1843, i. 382. 
Alvord, Gen., correspond, with wool, 

ii. 344; exped. ordered by, 1862, ii. 

493; requisit. of, 1864, ii. 497. 
Alzate, A., name of Oregon, i. 23-4. 
Amazon, brig, voyage of, 1851, ii. 

258. 
Ambrose, G. H., Ind. agent, 1854, ii. 

360, 371-2. 
America, H. M. S., visit of, 1845, i. 

497 7 9. 

American board (missionary), opera 
tions, etc., of, i. 104-5, 127, 343-4; 

ii. 293. 
American Fur company, dissolution 

of, i. 241. 
American river, Oregon miners at, 

1849, ii. 46. 
Americans at Fort Vancouver, i. 43- 

5; provis. govt establ d by, 1843-9, 

i. 293-314, 470-507, 526-41, 600-23; 

ii. 58-63. 
Americans, party, descript. of, ii. 

357-8. 

Anderson, A. C., biog., etc., of, i. 39. 
Anderson, E. C., ministry of, ii. 683. 
Anderson, Dr, mention of, i. 178. 

(767) 



768 



INDEX. 



Andrews, Major G. P., exped. of, 

1860, ii. 467. 

Angell, M., biog., etc., of, ii. 243. 
Anita, U. S. transport, visit of, 

1848, i. 745; 1849, ii. 84. 
Ankeny, A. P. & Co., mention of, ii. 

741. 
Antelope valley, Ind. raid on, 1864, 

ii. 501. 
Applegate, C., journey to Or., etc., 

1843, i. 393, 408, 413; settles in 

Umpqua valley, 1849, i. 569. 
Applegate, E., death of, 1843, i. 408. 
Applegate, E. L., ability, etc., of, ii. 

431 ; commissioner of immigr., 1873, 

ii. 595. 
Applegate, I. D., commissary, etc., 

1870, ii. 563, 566-9, 572-7. 
Applegate, J., journey to Or., etc., 

1843, i. 393, 396, 407-8, 412; man 
uscript of, i. 406, 410-11; accident 
to, i. 410-11; surveying engineer, 

1844, i. 440; comments of, i. 444, 
462-3; legislator, 1845, i. 473; 1849, 
ii. 59-62; measures, etc., of, i. 473- 
506, 533; exped. of, 1846, i. 544-59; 

1847, i. 679; 1850, ii. 178-80; set 
tles at Yoncalla, 1849, i. 568-9; the 
Cayuse outbreak, i. 670-3; Ind. 
agent, 1870, ii. 564; peace com., 
1873, ii. 596, 601-3; candidate for 
sen., 1876, ii. 673; death of, ii. 763. 

Applegate, L., journey to Or., etc., 
1843, i. 393, 408, 413; exped. of, 
1846, i. 544-59; 1861, ii. 489-90; 
settles at Ashland, 1849, i. 569-70. 

Applegate, O. C., the Modoc war, 
1864-73, ii. 577-8, 583, 586, 589-91. 

Applegate creek, Ind. lights at, 1856, 
ii. 388-9. 

Argus, newspaper, establ d 1855, ii. 
356; attitude of, ii. 357-9. 

Armstrong, P., mention of, i. 247. 

Ash Hollow, massacre at, i. 136. 

Ashburton, Lord, treaty of, 1842, i. 

380-1. 

Ashill, P., biog., i. 468. 
Ashland, L. Applegate settles at, 

1846, i. 569-70; woollen mill at, ii. 

733. 

Assumption, mission founded, i. 327; 
Astoria, missionaries at, 1840, i. 185; 

mail to, 1847, i. 614; condition of, 

1848, ii. 6, 11; Hill s command at, 

1849, ii. 69-70: Hathaway at, 1850, 
ii. 88; inaccessibility of, ii. 189; 
hist, of, ii. 708, 720. 

Atchison, congressman, bills introd, 
by, 1844, i 384-8. 



Athey, mention of, i. 413-14; Work 
shops MS., 414. 

Atkinson, Rev. G. H., arrival in Or., 
1848, ii. 33; biog., ii. 33-4; college 
establ d by, ii. 33-5; missionary 
labors, etc., of, ii. 679-80. 

Atkinson, G. L., mention of, ii. 356. 

Atwell, H. W., petition of, 1873, ii. 
634. 

Atwell, 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 legisl., 1849, 
ii. 59; biog., ii. 143-4. 

Avery, T. W., biog., i. 752. 



B 



Babcock, Dr I. L., missionary labors, 

etc., of, i. 177, 190, 198-202, 218- 

21; supreme judge, 1841-3, i. 294. 
Bache, A. D., survey, etc., of, 1850, 

ii. 190, 248. 
Backus, Lieut, the Ind. war, 1866, ii. 

516-17. 

Bacon, J. M., biog., etc., of, i. 509. 
Bagby, Senator, the Or. bill, 1848, i. 

764-5. 

Bailey, C., mention of, ii. 381. 
Bailey, H., killed by Indians, 1855, ii. 

381. 
Bailey, Capt. J., the Indian war, 1855, 

ii. 381-2, 387. 
Bailey, W. J., arrival in Or., 1835, i. 

96; chairman of comm., i. 294; 

provis. govt 1844, i. 427-30; candi 
date for gov. 1845, i. 471-2; member 

of convention, 1846, i. 693-4; of 

legisl., 1849, ii. 59. 
Baillie, Capt. T., mention of, i. 447; 

letter to McLoughlin, 1845, i. 497; 

at Vancouver, 1846, i. 576. 
Baker city, hist, of, ii. 706; mines 

near, ii. 739-40. 
Baker city academy, mention of, ii. 

687. 
Baker, Col, the Ind. war, 1866, ii. 

519, 523. 
Baker county, organized, etc., 1862, 

ii. 485; hist, of, ii. 706. 
Baker, E. D.. biog., etc., of, ii. 450; 

senator, 1860, ii. 453-4; death of, 

1861, ii. 457. 

Baker, J., mention of, i. 570. 
Baker, Mrs, biog., i. 570. 
Ball, J., biog., i. 75. 
Ballenden, J., mention of, ii. 277. 



INDEX. 



769 



Bangs, Dr, mention of, i. 178. 
Baptists, operations of the, ii. 683-4. 
Barber & Thorpe, mention of, ii. 338. 
Barclay, Dr F., biog., 39-40. 
Barker, W. S., mention of, i. 633. 
Barkwell, M. C., sec. of constit. 

convention, 1857, ii. 423. 
Barlow, J., biog. of, i. 527. 
Barlow, S. K., mention of, i. 509; 

journey to Or., 1845, i. 517-21; 

road charter, etc., of, i. 532. 
Barnaby, J., member of convention, 

1846, i. 603. 

Barnes, G. A., biog., i. 752. 
Barnes, Oregon & California, MS., 

ii. 115. 
Barimm, E. M., adjutant-gen., 1854, 

ii. 325; the Ind. war, 1855, ii. 384- 

7; nominee for gov., 1857, ii. 430. 
Barry, Capt., exped. of, 1864, ii. 499- 

500. 
Bartlett, Lieut W., survey, etc., of, 

1850, ii. 190-2. 
Baum, J., biog., i. 629. 
Baylies, congressman, member of 

comm., 1821, i. 351; 1823, i. 360; 

speeches of, i. 353-8. 
Beagle, journey to Or., 1843, i. 407. 
Beale, Lieut W. K., the Rogue river 

war, 1853-4, ii. 313. 
Beall, T. F., biog., ii. 712-13. 
Bean, J. R., biog., i. 527-8. 
Beaver, Rev. H , at Fort Vancouver, 

1836-8, i. 50-3. 
Beaver, Mrs J., at Fort Vancouver, 

1836-8, i. 50-2. 
Beaver, ship, seizure, etc., of the, 

1850, ii. 107-8. 

Beaver, steamer, arrival on the Co 
lumbia, i. 123. 
Beers, A., character, etc., of, i. 155, 

161-2; trustee of Or. institute, 1841, 

i. 202; member of comm., 1842, i. 

304-5, 312. 

Beeson, J., writings, etc., of, ii. 404. 
Beirne, Lieut-col, the Ind. war, 1866, 

ii. 525. 
Belcher, Sir E., exped., etc., of, i. 

232-3. 
Belden, G. H., survey, etc., of, ii. 

696-8. 

Belknap, Mrs J., biog., i. 753. 
Bell, G. W., auditor, 1846, i. 606. 
Bellinger, J. H., biog., i. 628. 
Bennett, Capt. C., mention of, i. 578. 
Bent fort, clescript. of, i. 227-8; Whit 
man at, 1843, i. 343. 
Benton county, establ d, etc., 1847, 

ii. 10; hist, of, ii. 706-7. 
Benton, Rev. S., mention of, i. 174. 

OR. II. 43. 



Benton, T. H., resolution, etc., of, in 
sen., 1823, i. 363-5, 370; the boun 
dary quest., 1846, i. 590, 596; letter 
to Shively, 1847, i. 616-17; memo- 

rial presented by, i. 756; the Or. 
bill, 1848, i. 761-3, 769-70. 

Bernard, Capt. R. F., the Ind. war, 
1866, ii. 523-5; the Modoc war, 
1864-73, ii. 581-96, 616. 

Bernia, F., member of convention, 
1846, i. 693. 

Berrien, Senator, the Or. bill, 1848, i. 
763-4. 

Berry, W., biog., i. 530; the Cayuse 
war, i. 671, 703. 

Bethel academy, mention of, ii. 686. 

Bewley, I. W., biog., i. 634. 

Bewley, Miss, sickness of, i. 658; ab 
duction of, 1847, i. 663. 

Biddle, Col, reconnaisance, etc., of, 
1873, ii. 605. 

Bigelow, D. R., commissioner, 1850, 
ii. 150. 

Bigelow, W. D., mention of, ii. 292; 
settles at The Dalles, 1853, ii. 724. 

Billique, P., constable, 1841, i. 294. 

Birnie, J., mention of, i. 100. 

Bishop, W. R., mention of, ii. 683. 

Bissonette, meeting with White s ex 
ped., 1842, i. 258-9. 

Bitter Root river, mission on the, 
1841, i. 324. 

Black Rock, name, i. 550-1. 

Black, S., mention of, i. 36. 

Blain, W. , chaplain of legisl., 1849, 
ii. 60; public printer, 1849, ii. 79. 

Blair, Mrs E. B., biog. of, i. 628. 

Blair, T. O., biog. of, ii. 715. 

Blair, with Farnham s exped., 1839, 
i. 227-9. 

Blakeley, Capt., the Ind. war, 1856, 
ii. 403. 

Blanchet, Rev. F. N., in charge of 
Or. mission, 1838, i. 316-25; His 
torical Sketches, i. 320; archbishop, 
1843, i. 326; vicariate of, i. 327. 

Blanchet, A. M, A., bishop of Walla 
Walla, 1847, i. 327, 654; the Cayuse 
outbreak, 1847, i. 691-7. 

Bledsoe, Capt. R., the Ind. war, 1856, 
ii. 405. 

Blue Cloak, chief, castigation of, i. 
330-1. 

Blue mountains, emigrants cross, 1843, 
i. 402. 

Blunt, Lieut S. F., commissioner, 
1848, ii. 248. 

Boddy, W., murder of, 1872, ii. 576, 

Boggs, Ex-gov. , gold discov. disclosed 
by, 1848, ii. 43. 



770 



INDEX. 



Bogus, H., with Applegate s exped., 

1846, i. 551-2. 
Bohemia district, mines in the, ii. 

742. 
Boise, Fort, mention of, i. 14; Farn- 

ham s exped. at, 1839, i. 229; emi 
grants at, 1843, i. 401; road pro 
jected to, i. 531-2; ii. 436, 476; 

abandoned, 1856, ii. 112; massacre 

near, ii. 343; milit. post at, ii. 476, 

494-6; Gen. Halleck at, 1866, ii. 

526. 
Boise, R. P., mention of, i. 151-2; 

commissioner, 1850, ii. 150; dist 

attorney, 1851, ii. 168; dist judge, 

1857, ii. 431; assoc. judge, 1858, ii. 

442; decision of, 1863, ii. 642. 
Bolduc, Rev. J. B. Z., mention of, i. 

322; head of college, 1844, i. 325-6. 
Bonneville. Lieut-col, command of, ii. 

245; requisitions on, etc., 1853-4, 

ii. 313, 343. 

Bonser, S., biog., i. 637. 
Bonte, L. la, biog. of, i. 74, 78. 
Boon, J. D., terr. treasurer, 1851, ii. 

168; 1857, ii. 431; biog., ii. 168. 
Boone, A., biog., i. 570-1; member of 

legisl., 1846, i. 604-6. 
Boone, J. L., career of, ii. 457. 
Boonville, raid on, 1866, ii. 522. 
Booth, Gov., the Modoc war, 1864-73, 

ii. 582, 588. 
Boston Charley, the Modoc war, ii. 

605-10; kills Thomas, 1873, ii. 612; 

surrender of, ii. 629; execution of, 

ii. 636. 
Boulder creek, Ind. fight at, 1866, ii. 

522. 

Bourne, J., biog., i. 784-5. 
Boutelle, Lieut, the Modoc war. 1864- 

73, ii. 574-5. 
Bo wen, Lieut, the Ind. war, 1866, ii. 

514. 
Boyle, Lieut W. H., the Modoc war, 

ii. 582; attempted murder of, 1873, 

ii. 612-13. 

Bozarth, Mrs A. M. L., biog., i. 635. 
Bozarth, O. W., biog., i. 527. 
Brattain, T. J., biog., ii. 715. 
Brazee, J. W., biog. of, ii. 765-6. 
Breckenriclge, in cong., 1822, i. 358-9. 
Breeding, W. P., biog., i. 571. 
Breese, Senator, bill introd. by, 1848, 

i. 771. 
Bremer, Van, the Modoc war, 1864- 

73, ii. 578-86. 
Brewer, H. B., land-claim of, 1848, ii. 

6. 
Brewer, H. D., mention of, i. 177, 

190, 221, 275. 



i Briceland, Lieut I. N. , mention of, ii. 

248. 
Bridger, Capt., mention of, i. 108. 

Bridger, meeting with White s exped. 

1842, i. 259-60. 
Bridger, Fort, emigrants at, 1846, i. 

556. 

Bridges, J. C., constable, 1842, i. 304. 
Brigade, annual, arrival of, i. 46. 
Briggs, A., biog. of, i. 630. 
Bright, Senator, the Or. bill, 1848, i. 

761-2. 

Bristow, E., biog., i. 569. 
Bristow, W. W., biog., i. 752. 
Bromley, I. W. R., mention of, i. 777. 
Brooks, S. E., biog., ii. 725. 
Brooks, Q. A., biog., i. 786. 
Brotherton, Mrs, bravery of, ii. 576. 
Brouillet, J. B. A., vicar-gen, of 

Walla Walla, i. 327-8; arrival in 

Or. 1847, i. 654 r 6; the Whitman 

massacre, i. 661-5; Authentic 

Accounts, i. 667. 
Brown, H. L., biog., i. 570. 

Brown, J. H., Autobiography, MS., 

i. 646. 
Brown, 0., biog., i. 422; with White s 

exped. 1845, i. 484. 
Brown, S., mention of, i. 74-5. 
Brown, Mrs T. M., arrival in Or. 

1846, ii. 32; biog., ii. 32; charity 

of, ii. 33-4. 
Brownfield, D. F., representative, 

1850, ii. 161. 
Brownsville, incorporated, etc., 1874, 

ii. 716. 
Bruce, J., mention of, ii. 316. 

Bruce, Major, the Ind. wars, 1855-6, 

ii. 381-3, 386-9, 400. 
Bruneau river, Marshall s exped. to 

the, 1866, ii. 520; camp on, ii. 522. 
Brunt, G. J. Van, conmdssioiier, 

1848, ii. 248. 
Brush, adventure of, 1851, ii. 199. 

Bryant, W. C., name given by, to Or., 

1. 21-2. 

Bryant, W. P., chief-justice, 1848, i. 
777; dist of, 1849, ii. 70; measures, 
etc., ii. 80; neglect of duty, ii. 101- 

2, 155; bribery of, ii. 122. 
Buchanan, Col, the Ind. war, 1S56, 

ii. 389, 396, 404-7; at Crescent 
City, ii. 401. 

Buchanan, Secretary, the N. W. 
Boundary treaty, 1846, i. 594; 
correspond, on Or. matters, 1847, i. 
616; with H. B. Co., ii. 109; de 
clines purchase of H. B. Go s prop 
erty, 1848, i, 774-5, 



INDEX. 



771 



Buck, H., sergeant-at-arms, 1850, ii. 
143. 

Buck, W. W., biog., etc., of, i. 509; 
commissioner, 1849, ii. 79; prest of 
council, 1850,ii. 142; business ven 
tures of, ii. 732, 736. 

Budd Inlet, settlement on, 1844, i. 
464. 

Buell, E., biog., i. 627-8. 

Buford, J., mention of, ii. 371. 

Bunton, Capt. E., mention of, i. 449. 

Buoy, Capt., the Ind. war, 1856, ii. 
390. 

Burch, B. F., biog., i. 544. 

Burgess, Capt. J. C., the Modocwar, 
1864-73, ii. 626. 

Burkhardt, L. C., biog., i. 635. 

Burnett, G. W., biog., i. 571. 

Burnett, P. H., journey to Or., etc., 

1843, i. 393-6, 403-7, 416; journal 
of, i. 406, 412; provis. govt, etc., 

1844, i. 427-32, 437; supreme 
judge, 1845, i. 496, 535; assoc. 
judge, 1845-8, i. 777; liquor law of, 
i. 536; oration of, 1845, i. 583. 

Burns, H., magistrate, 1842, i. 304; 

rights granted to, 1844, i. 440; 

member of convention, 1846, i. 693; 

mail contract, ii. 30. 
Burnt River Canon, emigrants on, 

1843, i. 401. 

Burrell, M. S., ii. 719; biog., ii. 766. 
Burris, W., judge, 1845, i. 496. 
Burton, Capt. G. H. , the Modoc war, 

1864-73, ii. 582, 588-91, 616. 
Burton, J. J., mention of, i. 527. 
Bush, A., clerk of assembly, 1850, ii. 

143; terr. and state printer, ii. 14S, 

168, 431. 

Bush, G. W., mention of, i. 464. 
Butler, Senator, the Oregon bill, 1848, 

i. 769. 
Butte Creek, Indians massacred at, 

1855, ii. 372. 
Butteville, location of, ii. 6; name, 

etc., ii. 716. 

C 

Cabaniss, T. T., mention of, 613, 

629. 
Cadboro, schooner, seizure, etc., of, 

1850, ii. 107. 
Cady, Lieut-col A., in command of 

Or. clist., 1861, ii. 490. 
Caffrey, J. S., ministry of, ii. 681. 
Calapooya, sloop, built 1845, ii. 27. 
Calapooyas, threatened outbreak of, 

1843, i. 275; reservations, etc., for, 

ii. 210-11: treaty with, 1851, ii. 

211. 



Caldwell, S. A,, biog., i. 785. 

California, migration to, 1843, i. 393, 
400; 1844, i.^465; 1845, i. 510-11; 
1846, i. 552-7; effect of gold disco v. , 
1848-9, ii. 42-65; specific contract 
law, 1863, ii. 642-3; trade with, 
ii. 744-5. 

California, steamer, at Astoria, 
1850, ii. 188. 

Calhoun, Secretary, negotiations of, 

1844, i. 386-7; the Or. bill, 1848, i. 
764, 769. 

Camaspelo, Chief, interview with 
Blanchet, etc., 1847, i. 691; speech 
of, i. 720. 

Campbell, H., mention of, i. 222. 

Campbell, J., biog., i. 570. 

Campbell, J. C., quarrel with Holder- 
ness, 1845, i. 492. 

Campbell, J. G., member of Or. Ex 
change Co., 1849, ii. 54. 

Campbell, R., mention of, i. 75. 

Campbell, T. F., mention of, ii. 687. 

Campbellites, sect, ii. 686. 

Campo, C., magistrate, 1842, i. 304. 

Canadians in Or. 1834, i. 15-17, 64, 
315; withdraw from provis. govt, 
1841, i. 295-9; missionaries among, 
i. 317-22; join Amer. party, i. 
471; raise Amer. flag, 1847, i. 610. 

Canby, Gen. E. R. S., supersedes 
Crook, 1870, ii. 561; the Modoc 
war, 1864-73, ii. 566-609; confer 
ence with Modocs, ii. 609-11; mur 
der of, 1873, ii. 612; honors paid 
to, ii. 613-14; biog., 614. 

Canby, Fort, name, ii. 511. 

Canemah, destroyed by flood, 1862, 
ii. 483. 

Cane malt, location, etc., of, ii. 6. 

Cantield, W. IX, biog., i. 662; escape 
from Indians, 1847, i. 663-5. 

Cannon, W., biog., i. 74. 

Canon city, founding, etc., of, 1862, 
ii. 712. 

Cape Horn, emigrants at, 1843, i. 411. 

Caplinger, with Palmer s expedition, 

1845, i. 521. 

Caravan, chief trader s descrip. of, i. 

47. 

Card well, Dr J. R., mention of, ii. 759. 
Cardwell, J. A., biog., etc., of, ii. 184. 
Cardwell, Mrs J. A., biog., ii. 713. 
Carolina, steamer, first trip of, 1850, 

ii. 188. 
Carpenter, Dr W. M., mention of, i. 

671. 

Carson, J. C., biog., i. 784. 
Cartee, L. F., speaker, 1854, ii. 349. 
Carter, D., mention of, i. 177, 242. 



772 



INDEX. 



Camtheis, Mrs E., land claim of, ii. ! 
288. 

Oaruthers, F., land claim of, ii. 288. 

Carver, J., works of, i. 17-21; map 
of, i. 20; name of Oregon, i. 24-5. 

Cascade Falls, proposed reservation 
at, 1846, i. 602. 

Cascade mountains, emigrants cross, 
1843, i. 409-12; 1846, i. 563. 

Case, S., peace commissioner, 1873, ii. 
596. 

Casey, Col C., command of, ii. 201, 
235; exped. of, 1851, ii. 235-7. 

Caster, Lieut, the Rogue river war, 
1853-4, ii. 320. 

Catholics, missions in Or., 1838, i. 
315-29, 340-8, 640-2, 653-7; oppo 
sition to protestants, i. 328-48, 640- 
2, 653-6, 697-9, 743-4; church, etc., 
buildings, ii. 678-9. 

Cavanaugh, T., mention of, ii. 740. 

Cayuses, missionaries among, i. Ill, 
115-19, 316-17, 327-48; outrages, 
etc., of, i. 268, 274-7, 333-5, 344-7, 
402-3, 644-66; conference with, 
1843, i. 277-80; agric. among, i. 
338; the Whitman massacre, 1847, 
i. 644-66; captives rescued from, i. 
686-96; war with, 1848, i. 700-45; 
trial and execution of, 1850, ii. 92- 
9; Dart s visit to, etc., 1851, ii. 214; 
treaty, etc., with, 1855, ii. 363-6. 

Chadwick, S. F., biog., etc., of, ii. 
182; gov., 1877, ii. 673-4. 

Chamberlain, Mrs 0. W., biog., i. 
636. 

Chambers, Rowland, pion. 45, i. 525; 
biog., 528. 

Champoeg, situation, i. 73; school, 
1835, 86; public meeting at, 262-3; 
excitement at, 283; conventions at, 
1842, 1845, 303, 471; church dedi 
cated, 319; ii. 678; flood at, ii. 483. 

Champooick, district boundary, i. 310. 

Chapin, Lieut E. S., in Modoc war, 
ii. 616. 

Chaplin, Daniel, author of peace 
commis., ii. 595; of assembly, 
1864-5, 665. 

Chapman, I. B., at indignation meet 
ing, ii. 162. 

Chapman, W. W., pion. 47, i. 625; 
arrest of, ii. 158-9; surveyor-gen., 
295; lieut of vols, 386; of assembly, 
1858-9, 1868, 434, 668; biog., 705. 

Chase, Mr & Mrs, in Snake river 
massacre, ii. 472. 

Chase, Albert, in Snake river massa 
ere, ii. 472. 



Chase, Daniel in Snake river massa 
cre, ii. 472. 
Chemakane, mission described, i. 339- 

40. 
Chemeketa mission, site, i. 191-2; 

work at, i. 192; investigation at, 

221; dissolved, 221-2. 
Chemeketa plains, agriculture, 1840, 

191-3; mills, 192; school, 193, 201. 
Chenemas, ship, on Columbia, i. 

189, 199, 221, 245, 424, 466-7. 
Chenoweth, F. A., of assembly, 1852, 

1866, ii. 296, 666; of Or. Cent. R. R. 

co., 698, 699. 
Chiles, Jos. B., leader Cal. party, 

1843, i. 393, 400. 
China trade, i. 371; ii. 258. 
Chinese mining, attack on, ii. 521; 

acts relating to, 664-5. 
Chinooks, the, difficulties with, ii. 93. 
Christian Advocate and Journal, calls 

for missionaries, i. 171. 
Christmas celebration, i. 577-8. 
Cincinnati R. R. Co. , charter granted, 

ii. 696. 
Civil code submitted and accepted, ii. 

663-4. 
Clackamas county, boundary, i. 539; 

hist, of, ii. 707 
Clackamas R. R. Co., charter granted, 

ii. 696. 
Clackamas, the, treaty with, ii. 217. 

Claiborne, Bvt Capt. T., of mounted 
rifles, ii. 81; defends Inds, 96. 

Claim -jumping, indignation meeting, 
i. 610-11. 

Clark, Mrs Anna, biog., i. 627. 

Clark, Miss C. A., missionary, i. 177; 
at Nisqually, 188. 

Clark, Miss Grace, adventures of, ii. 
216. 

Clark, Harvey, Or. Institute, i. 202; 
missionary, 244; chaplain, 480; ser 
mon, July 4th, 584; philanthropist, 
ii. 32-3; teacher, 678. 

Clark, I. N., attack on Inds, ii. 534. 

Clarke, I., exped. of, ii. 305. 

Clarke, Gen. N. S., in com d of de 
partment, ii. 460. 

Clarke, Sam l A., author of peace 
commis., ii. 595; works of, 692; 
director Or. Cent. R. R., 699. 

Clatsop county, map of, i. 186; boun 
dary, 539; hist, of, ii. 708. 

Clatsop district estab., i. 435. 

Clatsop mission, work at, i. 185-8; 
sold, 221. 

Clatsop plains, agriculture, 1840, 185- 
8j cattle introduced, 187. 



INDEX. 



773 



Clatsops, massacre crew, i. 41; char 
acter, 188. 

Clemens, John, killed on the Gazelle, 
ii. 340. 

Clergy, position of, i. 301; disabilities 
of, 1842, 305. 

Clerk, H. B. Co., fort duties, i. 8. 

Cluggage, James, county com r, ii. 299; 
in Ind. exped., 315. 

Clyman, James, biog. and bibliog., i. 
451. 

Coad, Henrietta Gilliam, biog., i. 469. 

Coal discovered, ii. 332; first ship 
ments, 333. 

Coal-fields, hist, of, ii. 743. 

Coats, John, pion. 46, i. 568; biog., 
570. 

Cochran, R. R., of assembly, 1857-66, 
ii. 417, 432, 452, 666; senator, 1868- 
70, 668, 671. 

Cockstock, Indian, quarrel with Wins- 
low, serious results, i. 282. 

Coe, David I., trial of, ii. 156. 

Coe, Nathaniel, postal agent, ii. 166; 
biog., 189. 

Cceurd Alene mines, ores, etc., ii. 754. 

Cceur d Aleiies, miss, work among, i. 
625; attack troops, ii 461. 

Coffey, Nebuzarden, pion. 47, i. 625; 
biog., 632. 

Coffin, Stephen, pion. 47, i. 625; del. 
to con., ii. 418; built steamer, 705. 

Coinage, private, ii. 54; infiux of for 
eign, coin, 55. 

Coke, Hy. I., visit of, ii. 175. 

Colburn, A. C., killed by Inds, ii. 315. 

Collins, Luther, pion. 47, i. 625; biog., 
631. 

Collins, Capt., explores Yaquina bay, 
ii. 203; exped. of, 520. 

Collins, Smith, pion. 46, i. 568; biog., 
569. 

Collins, Mrs Smith, biog., i. 569. 

Colonel Wright, steamer, ii. 480. 

Colonization, Or., i. 154-83. 

Colorado, military post established, i. 
376. 

Columbia, bark, i. 215; ii. 48. 

Columbia, steamer, ii. 188; hist, of, 
255. 

Columbia county, hist, of, ii. 709. 

Columbia, Mary, first child born, i, 529. 

Columbia river, named, i. 24; fishery 
established, 245; disputed boundary, 
316; value of trade to, 354; military 
posts on, 361 ; dangers on, 558, 559, 
608; dangerous entrance, ii. 23-6; 
first steamers on, 255-6, improve 
ment of, 755-6. 

Columbia river co. founded, i. 59. 



Colver, David, pion. 45, i. 525; biog., 

571. 

Colville valley, mission founded, i. 327. 
Colwell, Joseph F. , murder of, ii. 546. 
Comegys, Jacob, pion. 47, i. 625; 

biog., 633. 
Commerce, English vs American, i. 

366-7; imports and exports, ii. 744- 



5. 



Committees, 1844, names, capabilities, 
i. 431. 

Condit, Alva, Presb. elder, ii. 680. 

Condon, T. J, missionary, ii. 680. 

Conger, S. F., murder of, ii. 477. 

Congregational church, hist, of, ii. 
679, 680. 

Congress, settlers petition, i. 168, 172, 
176, 206-9, 231, 233, 245; Or. ques 
tion, 349-390; Linn s 2d bill, 372; 
memorial to, ii. 436-8, 481-3; 1st 
delegate from Or., 113; instructions 
to delegate, 299-300; appropria 
tions by, 326-7; 756-7. 

Congress, U. S. frigate, i. 583. 

Congressional appropriations, waste 
of, 1854-5, ii. 350-2. 

Conklin, David, murder of, ii. 527. 

Conner, John, of anti-slavery party, 
ii. 359. 

Conner, Sergt, fight with Inds, ii. 
423, 424. 

Connolly, Nelly, marries Douglas, i. 
52. 

Conser, Jacob, of assembly, 1851-2, 
1856-7, ii. 72, 296, 417; university 
trustee, 299; school trustee, 685; 
director Or. Cent. R. R., 699. 

Conser, Mrs Jacob, biog. , i. 752. 

Constitutional convention, act to 
hold, i. 441-2; acts of, ii. 423-6. 

Convention, meeting, i. 603; resolu 
tions adopted, i. 604. 

Converse, Lt 0. I., com d at Fort 
Walla Walla, ii. 532. 

Cook, A., with Fariiham s exped., 
227, 237. 

Cook, I. D., in Ind. exped., ii. 240. 

Cook, John G., claim of, ii. 321. 

Cooke, map, i. 23. 

Cooke, Mrs Belle W., works of, ii. 
692. 

Cooke, E. N., nominated state treas 
urer, ii. 637; of W. V. R. R. Co., 
697; director Or. Cent. R. R., 
699. 

Coon, W. L., of anti-slavery party, 
ii. 359. 

Cooper, Chandler, biog., i. 627. 

Coos bay, Lt Stanton s exped. at, ii. 



774 



INDEX. 



202; settlement at, 1853, 331-4; 

hist of coal fields, 743. 
Coos county, created, ii. 254; hist, of, 

709. 
Coppinger, Bvt Lt-col I. I., com d 

Camp Three Forks, ii. 532. 
Conquilles, the, attitude of, ii. 234; 

fight with, 235-8; trouble with, 

391. 
Corbett, H. W., U. S. senator, biog., 

ii. 639, 667, 764; library director, 

694; of W. V. R. R. Co., 697; of Or. 

Cent. R. R., 698; of Or. R, R. & N. 

Co., 704. 

Cornelius, Benjamin, biog., i. 528. 
Cornelius, Florentine Wilkes, biog., 

i. 531. 

Cornelius, Saml, missionary, ii. 683. 
Cornelius, T. R., pion. 45, i. 525; of 

council, 1856-9, ii. 417, 429, 432, 

434; senator, 1860-70, 452, 665, 

666, 668, 671; col of Or. vols, 491; 

resigns, 493; director Or. Cent. R. 

R., 699. 
Cornwall, I. A., pion. 46, i. 568; 

biog., 570; Presb. minister, 682. 
Cornwall, P. B., bearer of Masonic 

charter, ii. 31. 

Corvallis county, hist, of, ii. 707. 
Couch, I. H., on Columbia, i. 221, 

245, 466; White s interference 

with, 281; mem. P. L. L. C,, 296-7; 

director Or. Printing Assoc., 536; 

treasurer, 606, 612. 
Counties, hist, of, ii. 706-726; min 
eral resources of, 754-5. 
Cow creek, Ind. depredations, ii. 381. 
Cow creek Inds, land purchased 

from, ii. 319. 

Cowan, Robert, biog., i. 633. 
Cowlitz, bark, 250-1. 
Cowlitz valley, i. Ind. troubles in, ii. 

67, 68. 
Cox, Jesse, of court convention, ii. 

423. 
Cox, Joseph, pion. 47, i. 625; biog., 

630; of court convention, ii. 423. 
Cox, T. H., pion. 47, i. 625; biog., 

630; of Or. Cent. R. R., ii. 698. 
Coyle, R. S., of const, convention, ii. 

423. 

Craft, Charles, biog., i. 527. 
Craig, I. T., of anti-slavery party, ii. 

359. 
Craig, Wm, at Lapwai, i. 649; leaves 

Clearwater, 697; agent to Nez 

Perces, 721. 

Crain, J. H., biog., i. 629. 
Cranston, Lt Arthur, in Modoc war, 

killed, 616, 520; biog., 624. 



Cravigan, Rich., murder of, ii. 576. 

Cravigan, W., murder of, ii. 576. 

Crawford, David, explores Puget 
Sound, i. 463-4. 

Crawford, John Davis, biog., i. 631. 

Crawford, Medorarn, pion. 42, i. 76, 
256; biog. and bibliog., 265; mem. 
P. L. L. C., 297; of legislature, ii. 
59, 452; signs memorial, 127; col 
lector, 670. 

Crawford, Peter W., biog. and 
bibliog., i. 646-7. 

Creighton, N. M., supports Gov. 
Lane, ii. 93. 

Cresson, Capt., in Modoc war, ii. 
622. 

Crocker, N., death, i. 199-200, 256. 

Crockett, John, com. of Island co., 
ii. 299. 

Crook county, hist, of, ii. 710. 

Crook, Geo., Lt-col, relieves Mar 
shall, ii. 531; actions of, 532-45. 

Crooks, I. M., in Ind. exped., ii. 313. 

Crosby, Capt. N., piloting, ii. 26; 
mill sold to, 50. 

Crouch, W. H., wounded, ii. 383. 

Crow, James, murder of, ii. 477. 

Cullen, John. W., lieut of Or. vols., 
ii. 510; acts of, 512. 

Cully, I. W., elected to senate 1858, 
ii. 432. 

Culver, C. P., editor, i. 575. 

Culver, Saml, favors new ter. scheme, 
ii. 255; Ind. agent, 312; anti-slav 
ery party, 359; signs petition, 376. 

Cunningham, Joseph, biog., i. 527. 

Curly- headed doctor, in Modoc war, 
ii. 575, 576, 599; surrenders, 627. 

Currency and prices, 13-15; ii. 796-8. 

Curry county, established, ii. 415; 
hist, of, 710. 

Curry, Geo. B., of Or. vols, ii. 491; 
exped. of, 496, 499; in com d of 
Columbia dist, 515; retires, 517. 

Curry, Geo. L., editor, i. 57-5; loan 
commis r, 671, 672; of legislature, 
ii. 58, 59, 158; acting sec., 69; 
post master, 187; apptd gov., 
character, 348; biog., .349; procla 
mation, 384; calls out vols, 399; 
message, 435; nomination, 444. 

Curry, Thomas, biog. of, ii. 713. 

Curtis, E. I., favors new ter. scheme, 
ii. 255. 

Crump, James T., biog., i. 571. 

Cyclops, ship, wrecked, ii. 300. 



D 



Daily Advertiser, newspaper, ii. 448. 



INDEX. 



775 



Daily News, newspaper, ii. 448. 

Daily Times, newspaper, ii. 449. 

Dallas foitnded, ii. 251. 

Daly, John, killed on the Gazelle, 
ii. 340. 

Daniels, W. B., del. to convention, 
1857, ii. 418. 

Darragh, John, apptd to raise Ind. 
co, ii. 531. 

Darrough, I. , favors new ter. scheme, 
ii. 255. 

Dart, Anson, supertd of Ind. affairs, 
ii. 206; offl. actions of, 213-18. 

Dart, Geo., favors new ter. scheme, 
ii. 255. 

Davenport, T. I., in explor exped., ii. 
197. 

Davidson, Geo., survey exped., ii. 
248-9. 

Davidson, James, biog., i. 629. 

Davidson, James, biog., i. 632. 

Davidson, Thomas L., biog., i. 624, 

Davis, Byron N., Ind. agent, ii. 469. 

Davis, Henry W., biog., i. 628. 

Davis, Col Jefferson C., succeeds 
Canby, ii. 624; action in Modoc 
war, 624-31. 

Davis, John W., Apptd Gov. 1853, 
biog., ii. 322; acts of, 323, 324; 
resigns 1854, character, 348-9. 

Davis, Leaiider L., biog., i. 636. 

Davis, Samuel, biog., i. 570. 

Dawson, V. W., pion. 43, i. 394; Cal. 
emigrant, 403; arrest, 445. 

Dayton, founded, ii. 251. 

Deady, M. P., on sup. court, i. 151-2; 
supports Gov. Lane, ii. 93; of As 
sembly, 143; biog., 144; revises 
laws, 150; Atty, 158; of council 
1851-2, 161, 296; trustee of Or. 
Academy, 167; Associate Judge, 
307-8; at constitutional convent, 
423; elected U. S. Judge, 442; U. 
S. dist Judge, 669; University di 
rector, 690; of Or. medical college, 
691; mention of, 747, 763-4. 

Dean, X. C., farm of, ii. 184. 

Deception Pass on Puget Sound, i. 
464. 

De Cuis, A. P., of Coos Bay Co., ii. 
332. 

Deer Lake, name, i. 72. 

Di lmey, Daniel, biog., i. 422. 

Delano Sec., actions in Modoc affair, 
ii. 597, 602; hanged in effigy, 613. 

Del ore, Antonio, exploring party, i. 
532. 

Demares Cove, ship, ii. 333. 

Demers, Father, asst to Blanchet, i. 
316; founds Willamette miss., 318- 



319; vicar gen., 326; journey to 

Europe, 327; chaplain, 480. 
Democratic Herald, newspaper, ii. 

448. 
Democratic party, organized 1852, ii. 

172; rupture in, 447; defeat, 1888,762. 
Democratic Statesman, policy of, ii. 

420-2, 448. 
Demry, John, nominated for Gov., ii. 

430. 

Denoille, Sergt, murder of, ii. 547. 
Dent, Capt. F. T., com d at Hoskins, 

ii. 488. 

De Puis, W., cattle exped., i. 42. 
Des Chutes river, mode of crossing, i. 

514. 
De Smet, Pierre, Jesuit priest, labors 

of, i. 322-6; physique, 323; biblog., 

327; hostility of, 340. 
De Vos Peter, R. C. priest, 1843, i. 

325; St. Ignatius Miss., 327; with 

hunting party, 396; discovers pass, 

398. 

Diana, brig., i. 154, 
Diamond, bark, i. 188; ii. 48. 
Diamond, John, exped. of, ii. 305. 
Diamond Spring, named, i. 558. 
Dickinson, Obed, missionary, ii. 680. 
Dilley, murdered by Inds, ii. 223. 
Dillon, William H., biog., i. 636. 
Dimick, A. R., biog., i. 638. 
Disappointment Cape, surveyed, ii. 

249; lighthouse at, 511. 
Diseases, disappearance of, ii. 39. 

Distillery, Young s, i. 98, 99, 102, 

160; descript of first, 281. 
Divorce law, passed, ii. 299, 300; 

clause in constitution, 438, 
Dixon Robt, murder of, ii. 549. 
Dobbins, C., injured on the Gazelle, 

ii. 340. 
Dodson, Jesse, in Ind., exped., ii. 224. 

Dogs, excitement regarding killing, i. 

258. 
Doherty, A. S., in explor. exped., ii. 

197. 
Doke, William, escapes drowning, i. 

408. 

Dolly, schr, ii. 27. 
Dolph, I. N., of Senate, 1866, ii. 666; 

U. S. senator, biog. 676; of Or. R. U. 

& N. Co., 704; mention of, 75U; coast 

defence bill, 757. 

Dominus, Capt., in Columbia, i. 40. 
Donation Claims, laud taken under, 

ii. 659. 
Donation Laws, its provisions and 

workings, ii. 260-3; advantages, 

and disadvantages of, 299. 



776 



INDEX. 



Donner party, joins immigrants 1846, 
i. 550. 

Donpierre, David, on Govt committee, 
i. 294. 

Dorion, B., accompanies White, 15th 
Nov. 1842, i. 268. 

Dorr, Eben M., seizes the Albion, 
ii. 105. 

Dougherty, Wm P., promoter of 
masonry, ii. 30; left for Cal., 47; 
at indignation meeting, 162; corn- 
mis r of Pierce Co., 299. 

Douglas, county, organized, ii. 166; 
hist, of, 710. " 

Douglas, A., killed by Inds, ii. 315. 

Douglas, David, in Oregon, i. 17. 

Douglas, James, appearance, i. 31; at 
F. Vancouver, 48; marriage, 52; 
receives missionaries, 135; grants 
site for miss. 1839, 318; action in 
clerical affairs, 320; moved to Vic 
toria, 598; commu. massacre to 
Gov. , 670; action in regard to loan, 
C72-5; demands explanation from 
Abernethy, 681-2. 

Dowell, Ben Franklin, biog., ii. 370, 

Downing, Miss Susan, arrives Or., i. 
156; at Willamette Mission, i. 
157-9. 

Drake, Lt, works of, ii. 691. 

Drake, Lt-col, in com d of Columbia 

dist, ii. 517. 
Drew, C. S., favors new ter. scheme, 

ii. 255; Qt Master of Militia, 325; 

Adj. of vols, 379; Major, 492; re- 

connoissance of, 503-5. 
Drew, E. P., Ind. agent, ii. 360; offl 

acts of, 392-3. 
Drew, I. W., of H. of Rep. 1851, ii. 

158; in explor. exped., 176; senator 

1862-3, 638. 
Dryad, ship, i. 94. 
Dryer, T. I. , founded Oregonian, ii. 

147; of Assembly 1856-9, 417, 429, 

432, 434; of constitutional convent, 

423; commis r to Hawaiian Isls, 458. 
Due de Lorgunes, brig, ii. 48. 
Duelling, bill to prohibit, i. 492. 

Dugan, Rich., favors new ter. scheme^ 
ii. 255; military commis r, 314. 

Du Guerre, Baptiste, accompanies 
White, i. 484. 

Dunbar, John, missionary, i. 104, 107. 

Dunbar, Rice, biog., i. 572. 

Duncan, Geo. Clayton, biog. of, ii. 

715. 

Duncan, I. C., biog., ii. 184. 
Duncan, L. I. C., of const, convention, 

ii. 423 



Duniway, Mrs A. S., works of, ii. 

691. 
Dunn, John, at Fort George, i. 38; 

character, 44. 
Dunn, Pat. in Ind. exped., ii. 313; of 

assembly 1854-5, 349. 
Dunning, U. H., of anti-slavery 

party, ii. 359. 

Duntz, Capt., on the Sound, i. 499. 
Duskins, rescues immigrants 1846, i. 

564. 

Dwight, at Fort Hall, i. 30. 
Dyar, L. S., Ind. agent, ii. 568; 

actions in Ind. War, 569-79; peace 

commr, 606, 610-12. 



Eades, Clark, punishment, i. 450. 

Eagle, Nez Perce chief, counsels 
Mrs Whitman, i. 665-6. 

Eales, Capt., on Oregon coast, i. 84, 

Earhart, R. P., sec. of state, ii. 762. 

East Portland, progress of, ii. 752. 

Eastham, E. L., mention of, ii. 753. 

Eaton, Charles H., biog., i. 421. 

E. D. Baker, steamer, ii. 481. 

Edmonds, John, shooting affair, i. 
444-5; left for Cal., ii. 47. 

Edmunds, John, accomp. White, i. 434. 

Edmundson, Indian mission, i. 55. 

Education, effort toward, 1834, i. 315; 
girls school opened, 325; grants of 
land, 608; drawbacks, ii. 31. 

Educational institutions, ii, 32. 

Edwards, P. L., missionary, i. 59; 
character, 60; building miss., 78-90; 
treas. Willamette Cattle Co., 141; 
goes to Cal. for cattle, 142-150; life, 
169; infor. to emigrants, 292-3. 

Edwards, Rich., killed by Inds, ii. 
312. 

Eells, C. C., missionary, i. 137-8. 

Eells, Myron, missionary, i. 138. 

Eells, Mrs, missionary, i. 137-8. 

Ehrenberg, H., Or. settler, i. 240; 
biog. 240-1. 

Election, freedom of vote, i. 307. 

Eliot, S. G., surveyed R. R. line, ii. 
696. 

Elizabeth, mining town, ii. 330. 

Elizabethtown, Ky, petition to Con 
gress, i. 374. 

Elkins, Luther, of assembly 1853-5, 
ii. 323, 349; of constitutional con 
vention, 423; senator 1858-60, 432, 
452; R. R. commisr, 696. 

Elhins, W. S., of assembly 1870, ii. 
671. 

El Placer, brig., ii. 48. 



INDEX. 



777 



Elliot, Col, Mil. commis. to try 

Modocs, ii. 635. 

Elliott, Win M., claim of, ii. 321. 
Ely, Lt, in Indian exped., ii. 314. 
Ellis, Ind. chief, biog., i. 271; cun 
ning of, 286-9; hostility, 330-2. 
Ellsworth, S., of Or. C. M. R. Co., ii. 

652; director Or. C. R. R., 698, 

699. 
Emehiser, I., in immigrant party 

1859, ii. 463. 
Emigrants, Whites party, i. 256-7; 

life on the plains, 257; character, 

392; scarcity of food, 416-17; 1844, 

448-9. 
Emigration, inducements offered, i. 

374-5; organization 1843, 393-424; 

character, 425-7. 
Emily Packard, ship wrecked, ii. 

301. 
Emmons, Lieut, exped. from Or. to 

Cal., 249. 

Eagle, William, biog., i. 528. 
English, emig. to Or., i. 377; fleet, 

497. 
English, L. N., leased penitentiary, 

biog., ii. 644. 
Enos, half breed, treachery of, ii. 

394. 

Enterprise, steamer, ii. 340. 
Episcopal church, hist, of, ii. 685-6. 
Erasmus, Christopher, murder of, ii. 

577. 

Ergnette, W., cattle exped., i. 142. 
Ermatinger, F., character, i. 32-33; 

attacked by Inds, 136; Men. P. L. 

L. C., 297; treasurer, 472, 480, 496. 
Ettinger, S., favors new ter. scheme, 

ii. 255. 
Eugene, founders of city, ii. 251; co ty 

seat, 299; university at, 661. 
Euliiiger, Sigmond, claim of, ii. 321. 
Evans, Allan, bravery of, wounded, 

ii. 378. 

Evans, David, claim of, ii. 321. 
Evans, Samuel, murder of, ii. 489. 
Evans, I., exped. of, ii. 300. 
Everest, Mr and Mrs, biog., i. 631. 
Everman, Hiram, trial of, ii. 156. 
Everman, Niniwon, explores Puget 

Sound, i. 463-4; left for Cal., ii. 

47. 
Everman, Wm, trial and execution, 

ii. 156. 

Ewing, survey schr, ii. 190-2. 
Ewing, F. Y., travels with Lee, i. 

169. 

Executive Com., pay, i. 440; author 
ity, i. 441-2. 
Express Co. , first in operation, ii. 339. 



Executive, power, summary, 1842, i. 

307-8. 
Express, meeting to provide for 

sending, i. 552. 
Eyre, Miles, drowned, i. 400. 



F 



Fackler, Samuel, biog., i. 631. 

Fackler, Rev. St M., biog., i. 629. 

Failing, Henry, biog. of, ii. 765. 

Fairchilds, John A., farm of, ii. 578; 
removes Hot Creeks, 578-80; acts 
in Modoc war, 589, 597-607; favors 
Modocs, 634. 

Falls debating soc , founding, i. 265. 

Falmouth, ship, ii. 139. 

Fama, bark, i. 422. 

Fanning, Mrs Rebecca, biog., i. 530. 

Farley, John F. biog., i. 630. 

Farming interest, rise of, ii. 338. 

Farnham, T. I., at Fort Vancouver, 
i. 44, 130, 234; exped., 227-34; 
works of, 230-1 ; in Willamette val. , 
231; at Sandwich Is., 234; report 
on Or., 236. 

Farrar, W. H., of const, convention, 
ii. 423. 

Fawn, ship, wrecked, ii. 300. 

Fay, James D., biog., i. 571; of as 
sembly, 1862-5, ii. 638, 665; defeat 
ed for congress, 669; senator, 1870, 
671. 

Fellows, A. M., enrolling officer, ii. 
399. 

Ferree, D, I., in com d of Klamaths, 
ii. 577. 

Ferries, rights granted, i. 440. 

Ferry, Chas, of anti-slavery party, ii. 
359. 

Feudalism among fur-traders, i. 46-7. 

Fickas, John L., death of, ii. 370. 

Field, M. C., with Stuart s hunting- 
party, i. 396. 

Fields, Mr, biog., i. 637. 

Fields, Calvin, killed by Inds, ii. 371. 

Figueroa, gov. of Cal., i. 91, 97. 

Finances, state of, 1854-5, ii. 355. 

Finlayson, D., at Fort Vancouver, i. 
34, 37. 

Firefly, steam-tug, wrecked, ii. 341. 

Fisgard, Eng. frigate, i. 499; officers 
of, 579. 

Fisher, Mrs John, biog., i. 636. 

Fishery, establish, on Columbia, 1840, 
245. 

Fiske, De, E. R., in explor. exped., ii. 
176. 

Fikh, T. L. exped. agtinst Inds, ii. 
464. 



778 



INDEX. 



Fitzgerald, Maj., pursuit of Inds, ii. 

373, 374. 

Fitzhugh, Solomon, of const, conven 
tion, ii. 423; senator, 1860-3, 452, 

638. 
Fitzhugh s mill, meeting at, of emig. 

of 1843, i. 393. 
Fitzpatrick, trader, missionaries with, 

i. 107, 127; with White s party, 

259, 260. 
Five Crows, Cayuse chief, i. 279, 280; 

outrages by, 662-3. 
Flanagan, Pat., in explor. exped., ii. 

176; settles on Coos bay, 334. 
Flatheads, at St Louis, i. 54; mission, 

65-6; missionaries among, 137; R. 

C. influence with, 322-3. 
Fleming, John, printer, biog., i. 575; 

signs memorial, ii. 127. 
Fletcher, F., with Farnham s exped., 

227, 237. 
Flint, A. C., founds Winchester, ii. 

183. 
Floods of 1861-2, ii. 482-5. 

Flour, hist, of manufacture, ii. 729. 
Foisy, M. G., biog., i. 467. 
Foley, Dr, settler at Coos bay, ii. 334. 
Fontenelle, trader, missionaries with, 

i. 106-8. 
* Forager, ship, seizure of, ii. 107. 

Ford family, settlers and biog., i. 413. 

Ford, Nathaniel, leader of party, i.450; 
biog., 469; supreme judge, 496; co ty 
treasurer, 612; of ter. council, 1849, 
1856-9, ii. 71, 417, 429, 434; of H. 
of Sept., 1851-5, 158, 349; on peni 
tentiary board, 298; senator, 1866- 
8, 666, 668. 

Ford, Nineveh, first to arrive at Dalles, 
i. 408. 

Ford, Mrs R. A., biog., i. 636. 

Ford, Sidney S., biog., i. 527. 

Fordyce, A. G., in Ind. exped., ii. 
313; claim of, 321. 

Forrest, brig, ii. 48. 

Forsyth, J., appoints U. S. agent, i. 
100. 

Fort Boise, established, i. 14; ii. 500; 
Farnham s exped. at, i. 229; aban 
doned, ii. 112; massacre near, 343; 
military post, 494. 

Fort Canby, erection of, ii. 511. 

Fort Colville, description, i. 14; mis 
sionary at, 1839, 318-19. 

Fort Deposit, named, i. 521. 

Fort George, description, i. 11; trad 
ing post, 29. 

Fort Gilliam, named, i. 703. 



Fort Hall, established, i. 14; mission 
aries at, ,62; built, 63; Farnham 
exped. at, 228-9; immigrants at, 
451; abandoned, ii. 112, 

Fort Klamath, constructed, ii. 495; 
Modoc pi isoners at, 634. 

Fort Laramie, immigrant supplies, i. 
451. 

Fort Leavenworth, military post, i. 
374. 

Fort Lee, named, i. 703; peace com- 
sioners at, 706; garrisoned, 737. 

Fort Nisqually, appearance, i. 11. 

Fort O Kanagan, situation, i. 13; 
Blanchet at, 316-17; abandoned, ii. 
112. 

Fort Stevens, erection of, ii. 511. 

Fort Umpqua, 1840, i. 194; aban 
doned, ii. 111. 

Fort Vancouver, description, i. 6-11; 
life at, 7-11; school, 11; agric. at, 
8-9, 13-14; missionaries at, 16, 18, 
184; importance of, 26; established, 
29; society at, 26-28, 42; physi 
cians at, 34-35; arrival of brigade, 
46; chief trader s caravan, 49; Sun 
day at, 123; Farnham at, 230; mills, 
234; Ind. outrages, 268; mass cele 
brated, 317; fortified, 446-7; threat 
ened capture, 681-2; military post, 
ii. 85, 90; abondoned, 112; land 
claims, 279. 

Fort Walla Walla, description, i. 12- 
13; missionary at, 318; Bishops see, 
327; army at, 715; abandoned, ii. 
112. 

Fort William, built, i. 15; abandoned, 
98. 

Forts, life at, i. 7-8; in Or. 1834, 12. 

Foster, Philip, mem. P. L. L. C., i. 
297; grievances, 480. 

Foster, Capt. S. A., act A. A. G. 
Columbia dep t, ii. 531. 

Fowler, Capt., on Columbia, i. 188. 

Fowler, W. W., favors new ter. 
scheme, ii. 255; Alcalde, 325. 

Fowler, William, encourages emigra 
tion 1843, i. 399. 

Fox, C. E., founds town, ii. 252. 

Framboise, M. la, nurses Kelley, i. 
90; trail of, 147. 

Francis, Simeon, paymaster of army, 
biog., ii. 458. 

Franklin, family outraged, i. 645. 

Franklin Advertiser, newspaper, ii. 
438. 

Frazer, Abner, deposition about Cal., 
i. 552 

Freeman, James, contractor for sur 
veys, ii. 269. 



INDEX. 



779 



Free Press, newspaper, suspended, ii. 

43-4. 
Fremont, Lieut, exped., i. 379, 419- 

20. 
French Prairie, i. 71-3; convent 

school at, 325. 
French Canadians, as settlers, i. 15- 

16, GO, 73-4; in Willamette Val., 

66, 70-3; character, 235. 
French settlers, feeling toward gov t 

]842. i. 298-9. 
Friends of Oregon, action in regard to 

Or., i. 254. 

Fritz, trouble caused by, ii. 579-80. 
Frost, Rev. J. H., missionary, i. 177; 

at Clatsop miss., 185-8. 
Frost, Mrs, missionary, i. 177; at Clat 
sop miss., 185-8. 
Fruit, market for, ii. 257-8. 
Fry, 1. B.. adj in Hathaway s force, 

ii. 70; of 0. R. R. <fe N". Co., 704. 
Fudge, I. M., killed on the Gazelle, 

ii. 340. 
Fulkerson, I. M., of H. of Rep., 1852, 

ii. 296; of council, 1853-6, 323, 349, 

413; college trustee, 684. 
Fulkerson, John T., biog. of, ii. 714. 
Fuller, David, killed on the Gazelle, 

ii. 340. 
Fulton, James, biog. and bibliog., i. 

634; of assembly, ii. 671. 
Fur-traders in Oregon, 1834, i. 6-17; 

life at forts, 7-8, 42; hospitality, 9- 

10; religion, 10-11, 62; Iiid. wives 

of, 27-8; brigade, 46; cravan, 47 



G 



Gaets, Father, arrives, 1847, i. 326. 
Gage, Joseph, associate justice, i. 450. 
Gagnier, at Fort Umpqua, i. 193-5. 
Gagnier, Mrs, with missionaries, i. 

195-6. 
Gaines, John P., app t d gov r, ii. 139; 

administration and off! acts of, 

1850-2, 139-73; biog., 169; Ind. 

cominis., offl acts of, 208, 228-32; 

charges against, 301-2. 
Gallagher, Lieut I. H., com d at Fort 

Lopwai, ii. 531. 
Galvin, John, in Ind. exped., ii. 240. 

Gamble, James, established Port Or- 

ford, ii. 193. 
Gaiitt, E. E., capture of, ii. 548. 

Gantt, Capt. John, conducts emi 
grants, i. 395, 400. 

Ganymede, ship, i. 38, 84. 

Gardapie, Baptiste, rescues immi 
grants, i. 564. 



Gardiner, Charles, injured on the 

Gazelle, ii. 340. 
Gardipie, J. B., exploring party, i. 

532. 

Garrison, A. E., biog., i. 572. 
Garrison, E., Methodist preacher, i. 

397; ii. 677. 
Garrison, J. M., legislator, 1845, i. 

472; explor. party, 1846, 532; capt. 

of co., 703; of council, 1851-2, ii. 

161, 296; Ind. agent, 312. 
Garrison, Margaret, biog., i. 422. 
Garrison, Margaret Herron, biog., i. 

415. 
Garry, Spokane chief, character, i. 

339-40. 
Gary, Rev. Geo., voy. to Or., i. 39; 

supersedes Lee, 218, 221; miss. 

work, 223-4; assists Thornton, 621; 

supt of miss., ii. 677. 
Goskell, A. P., of Coos Bay Co., ii. 

332. 

Gassett, C. C., murder of, ii. 521. 
Gaston, Joseph, acts in Og. Cent. R.R. 

affairs, ii. 696-703; biog., 703-4. 
Gay, Geo., escapes from Inds, i. 96-7; 

with cattle co., 142, 147; kills Inds, 

148; mem. of col govt, 301; left for 

Cal., ii. 47. 

Gay, Rich., drowned, ii. 396. 
Gazelle, steamer, explosion on, ii. 

340. 
Gazzoli, Father, arrives in 1847, i. 

326. 
Geary, Edw., trustee of Or. academy, 

ii. 167; supt Ind. affairs, 461; Presb. 

minister, 681; school trustee, 682; 

of Or. Cent. R. R. Co., 698. 
Geer, Frederick W., biog., i. 572 
Geer, G., Or. pioneer, illicit liquor 

traffic, i. 273. 
Geer, Joseph Carey, biog., i. 637; 

maj. of militia, ii. 325. 
Geer, Ralph C., biog., i. 637; of state 

house board, ii. 146; nursery of, 

257; of H. of Rep., 18B4--5, 349, 

R. R. commis r, 696. 
Geiger, abandons Dalles, accompanies 

White, 1842, i. 268; tour, 342. 
Geisell, John, killed by Inds, ii. 395. 
General Lane, ship, ii. 48, 49. 
General Warren, steamer, wrecked, 

ii. 203-4, 341. 
George, M. C. , elected to congress, ii. 

6r -* 
/o. 

Gervais, Jos., activity in govt forma 
tion, i. 300-1; meets R. C. priests, 
317; explor. party, 532. 

Gervais, Zavier, exploring party, i. 
532. 



780 



ITSTDEX. 



Gibbs, A. C., revised Or. laws, ii. 150; 
att y, 158; biog., 181-2; of H. of 
Rep., 1852, 1SGO, 296, 452; collec 
tor, 309; commis. to settle claims. 
321; governor, off l acts, 509, 637, 
638, 644; aspirant for U. S. senate, 
667; death of, 763. 

Gibbs, Geo., deputy collector at As 
toria, ii. 81, 104; biog., 104. 

Gibbs, John, in Ind. exped., killed, ii. 
313. 

Gilbert, Isaac N., biog., i. 469. 

G.lleri, Col A. C., assumes com d, ii. 
595; acts in Modoc war, 606-23. 

Gille.spie, John, killed, ii. 383. 

Gilliam co ty, hist, of, ii. 711. 

Gilliam. Cornelius, gen. of immigrants, 
i. 449; biog., 449, 725; buffalo hunt 
ing, 450; bombast, 457, 681-2; ex- 
plor. party, 531, 567; supt of postal, 
614; col com d t, 676; speech to 
army, 708; death, 725. 

Gilliland, Isaac, biog., i. 647. 

Gilmore, Matthew, member prov. 
govt, 1844, i. 427, 431. 

Cilmore, S. M., supports Gov. Lane, 
ii. 93; of H. of Rep., 1850, 1860, 
143, 452; biog., 143; delegate to 
convention, 418. 

Gilpin, Major, life in Or., i. 223; with 
Fremont, 420. 

Glasgow, Thos W., at indignation 
meeting, ii. 162. 

Gleason, Sam l, in Snake river mas 
sacre, ii. 472. 

Glover, William, biog., i. 636. 

Godwin, Charles, wounded, ii. 383. 

Goff, David, biog., i. 544; explor. 
party, 544; leaves for Ft Hall, 551- 
2; guides immigrants, 558. 

Goffe, T. A., mention of, ii. 765. 

Gold disc, in Cal., ii. 42, 43; disc, of, 
1850-2,174-204, searches for, 478-80. 

Gold epoch, decadence of, ii. 337-8. 

Gold-hunter, steamer, ii. 705. 

Goldsborough, L. M., in survey ex 
ped., ii. 248. 

Goldsby, John, wounded, ii. 383. 

Good, D. H., biog., i. 270. 

Goodhue, Samuel, exploring party, 
1846, i. 544; biog., 544. 

Goodrich, C. L., purchases Or. Specta 
tor, 1854, discontinued, i. 575. 

Goodwyn, Thos Jefferson, biog. of, ii. 

714. 
Goodyear, M., with missionaries, i. 

127. 
Gordon, John, writes McLoughlin, i. 



Gordon, Harvey, nominated state 
printer, biog., ii. 637. 

Government, provisional, 1843, i. 280- 
1; organization, 292-314; election 
of officers, 293; expenses of, 443; 
seat proposals, 536. 

Governor, salary, i. 432; power, 476- 
7. _ 

Gracie, Lieut Arch., at Ind. council, 
ii. 362. 

Graham, David, attacked by Inds, ii. 
523. 

Grammar, Nez Perce, i. 335. 

Grande Ronde, emigrants arrive, i. 
401; military reservation, ii. 397. 

Grant co ty, hist, of, ii. 711. 

Grant, Jas, at Fort Hall, i. 42, 261. 

Grasshoppers, destruction by, ii. 342. 

Grave creek, fight at, ii. 381-3. 

Graves, S. C., favors newter. scheme, 
ii. 255. 

Gray, James, del. to convention, 1857, 
ii. 418. 

Gray, Thomas, death of, ii. 370. 

Gray, W. H., names Columbia river, 
i. 24; missionary, 126; journey to 
Ft Vancouver, 126-35; returns east, 
136; attacked by Inds, 136; on. the 
Dalles miss., 163-4; builds Or. in 
stitute, 203; oppose!? White, 264; 
hist. Or., 301-2; sec. of Champoeg, 
convention, 303; leg. com., 1842, 
304; deserts Whitman, 340, 343; 
legislator, 1745, 472, 481, 488; re 
turns to Astoria, 584; residence, 
588; left for Cal., 1848, ii. 47. 

Great Britain, blows at interests, 1843, 
i. 313; occupation Col R., 363; jur 
isdiction, 366, claim disputed, 383- 
4; treatment of U. S., 597. 

Green, Col, actions in Modoc war, ii. 
573-629. 

Green, J., ship-building, 247. 

Greenback question, ii. 640-3. 

Greenhow, on term Oregon, i. 24. 

Greenwo d, Wm, biog., i. 753; sen 
ator, 1862-5, ii. 638, 665. 

Greer, I. B., nominated state treas 
urer, ii. 638. 

Gregory & Co., express co. of. ii. 339. 

Gregory, XVI., Pope, Or. created to 
an apostolic vicariate, Dec. 1843, 
i. 326. 

Grey, Capt. Thomas, comd at S. 
Juan Island, ii. 432. 

Griffin, Buford B., biog., i. 752. 

Griffin, Rev. J. S., missionary, i. 
238-9, 244; ineligible for gov r, 
305; ed first paper, 335. 

Griffith, Elisha, biog., i. 529. 



INDEX. 



781 



Griffith, Elizabeth, biog., i. 529. 

Grim, I. W., biog., i. (336; of H. of 
rep. ii. 72; senator, 1858-65, 432, 
452, 638, 665; vice-presdt Pion. 
Soc., 693. 

Gri.st mills, location-owners, ii. 25. 

Grover, L. F., biog., ii. 149; pros- 
attorney, 298; university trustee, 
299; ter. auditor, 306; in Ind. ex- 
pedt., 313; of H. of rep., 1853-7, 
323, 413, 417; of constitutional 
convention, 423; elected to congress, 
1858, 431; takes seat, 441; charac 
ter, 444; elected Gov., 670; U. S. 

. senator, 673. 

Grubb, Sam l, in Indian expedt., ii. 
313; claim of, 321. 



H 



Hacher, Isaac, settler at Coos bay, 
ii. 334; of H. of rep., 1864-5, 665. 

Hackleman, commands immigrant co., 
1845, i. 509. 

Hagardine, R. B., in Ind. exped., ii. 
313. 

Haines, I. D., biog., ii. 81. 

Half-breeds, causes dissatisfaction, i. 
651-3. 

Hall, E. C., killed, ii. 464. 

Hall, Lawrence, biog., i. 528; mem. 
of leg., 604; on com t. to frame 
memorial, 606; reaches Walla 
Walla, 661; of council, 1850-2; ii. 
142, 158, 296. 

Hall, Reason B., biog., i. 569. 

Halleck, Gen., visits Or., ii. 525, 526. 

Hamilton, ship, i. 154. 

Hamilton, Edw., torr. sec y, ii. 139. 

Hamilton, W., killing of, ii. 155. 

Hamlin, Nathaniel, biog., i. 752. 

Hammond, Brev.-capt. D. P., in sur 
vey expedt., ii. 190. 

Hanchett, W. H., of road co., ii. 
652. 

Hancock, Samuel, biog. & bibliog., 
i. 509; left for Cal. ii. 47. 

Haniia, I. A., Presb. minister, ii. 
681. 

Hannah, Adolph B., of H. of rep., 
1858-9, ii. 432-4; U. S. marshal, 
443; in confed. service, 456. 

Hannon, George, biog., i. 529 

Harboss, appropriations for, ii. 300. 

Hardin, John R., of H. of rep., 1852, 
ii. 296; killed by Inds., 313; claim 
of, 321; alcalde, 325. 

Harding, Benj. F , of H. of rep., 
1850-2, 1858, 1860, ii. 142, 296, 432, 
452; biog., 143; defends W. Ken 



dall, 156; chief clerk of house, 163; 

university trustee, 299; U. S. att y, 

309; U. S. senator, 639. 
Harney, Gen., mil. administration of, 

ii. 461-8. 

Harper, Andrus, biog., i. 572. 
Harpooner, ship, ii. 48, 70, 103. 
Harris, Mrs, fight with Inds., ii. 373. 
Harris, Geo. W., killed by Inds, ii. 

373. 
Harris, Isaac, warns Fairchild, ii. 

579. 
Harris, Moses, assists emigrants, i. 

315, 450, 564; with White, 484; 

explor. party, 1846, 532, 544; biog., 

545; leaves Ft Hall, 551-2. 
Harrison, A. M., in survey expedt, 

ii. 249. 

Harrison, Hugh, biog., i. 635. 
Hart, Thomas, biog., i. 530. 
Hartness, McDonald, killed, ii. 403. 
Hasbrouck, in Modoc war, ii. 624-8. 
Hassaloe, steamer, ii. 480. 
Hastings, L. W., leader of party, i. 

258-67; disagreements with, 258; 

escapes Ind., 260; goes to Cal., 

266-7; character and bibliog., 267; 

persuades immigrants to Cal., 552. 
Hatch, Peter H., pion. 43, i. 422; 

signs memorial, ii. 127; candidate 

for legislature, 437. 
Hathaway, Brev.-Maj., in comd. of 

artillery, ii. 69. 
Hathaway, Felix, at Willamette 

Falls, i. 204; ship-building, 247; 

prov. gov t meets at house of, 428. 
Haun, Mr, biog., i. 637. 
Hauxhurst, Webley, cattle expedt., 

i. 142; assaulted, 444; university 

trustee, ii. 299. 

Hawaiian Islands, trade, i. 371. 
Hawkins, Lt, military force of, ii. 

68, 69. 

Hawkins, Henry, biog., i. 527. 
Hawks, Thomas, drowned, ii. 341. 
Hays, Mrs Rebecca, at Waiilatpu, i. 

647; murdered, 660. 
Hazard, W. , early settler, ii. 252. 
Headrich, Samuel, biog., i. 632. 
Hearn, F. G., visit of, ii. 175. 
Heber, Fred, in Ind. expedt., ii. 313. 
Hedden, Cyrus, in explor. expedt., ii. 

197. 
Hedding, Bishop, missionary meeting, 

i. 59. 
Hedding, Elijah, son of Peupeumox- 

mox, i. 279; murder of, 286-7. 
Hedges, A. F., of legislature, 1849, 

ii. 59; of H of rep., 1858-9, 432, 

434; director 0. C. R. R., 699. 



782 



INDEX. 



Heinrich, Peter, death of, ii. 370. 
Helm, L. S., col of militia, ii. 325. 
Helm, Win, Meth. preacher, ii. G77. 

Hembree, A. J. , mem. of leg., i. 604; 
ii. 58, 59; of H. of rep., 1850-5> ii. 
72, 158, 349; supports Gov. Lane, 
93; trustee of Or. Academy, 167. 

Hendershott, James, of H. of rep., 
1866, ii. 666; senator, 1868-70, 668, 
671. 

Hendershott, S., of court convention, 
ii. 423. 

Henderson, I. H. D., candidate for 
legis., ii. 337; elected to congress, 
666; director 0. C, R. R., 699. 

Henderson, Rob t, biog., ii. 144. 

Hendrick, Sam l, killed by Inds, ii. 
395. 

Hendricks, T. M., biog., i. 753. 

Hennessey, Win, death of, ii. 370. 

Henry, brig, i. 414, 679-80; ii. 24, 
43, 48. 

Henry, A. G., Ind. agent, ii. 207; of 
H. of rep., 1854-5, 349. 

Hensaker, T. H., mill-owner, ii. 50. 

Hereford, Capt. , of the Gazelle, ii.340. 

Herman, congressman, ii. 762. 

Herron, Daniel, discoverers gold, i. 
512. 

Hibbler, joins Cal. exped., i. 679. 

Hickley, Mrs, at Willamette mission, 
i. 157-8. 

Hicklin, H. H., of anti-slavery party, 
ii. 359; del. to convention, 418. 

Hicklin, John L, , biog., i. 753. 

Hicklin, W. C. , of anti-slavery party, 
ii. 359. 

Higgins, H., judge, i. 496. 

Highlands, settlement, i. 463. 

Hill, Capt. B. H., at Astoria, ii. 69. 

Hill, David, leg. com. 1842, i. 304, 
312; mem. prov. govt, 1844, 427, 
431; legislator, 473, 481; post 
master, 614; of H. of rep., 1848-9, 
ii. 58, 59, 72. 

Hill, Isaac, attack on Inds, ii. 313. 

Hill, Ryland D., murder of, ii. 156. 

Hinckley, Capt, on Columbia river, i. 
154; at Willamette miss., 157-8; 
marriage, 158. 

Hind, E., in immigrant party, ii. 463. 

Hinderwell, R. 0., Capt., arrest of, 
ii. 104-7. 

Hines, Rev. G., missionary, i. 177; 
among the Umpquas, 193-6; on 
school com., 201; trustee Or. insti 
tute, 202; life of, 225; opposes 
White, 264; oration at opening of 
leg., 306; Meth. minister, ii. 677. 



Hines, H. K., Meth. minister, ii. 

677. 
Hines, Mrs H. K., missionary, i. 177; 

teacher, ii. 678. 
Hinman, Alanson, in charge of 

Dalles, i. 644, 667; biog. 667; of 

H. of rep., 1866, 666; collector, 6G9. 
Hinsnaw, Isaac, biog., i. 529. 
Hinton, Capt., at Fort Boise, ii. 519. 
Hirsch, Edward, state treas., ii. 760. 
Hitchcock, Gen., in Oregon, ii. 233. 

Hobart, Lieut Charles, movements of, 

ii. 514. 
Hobson, Richard, biog., i. 421. 

Hodges, Capt. H. C., A. G. M. Col- 
umbia dep t, ii. 531. 

Hodges, Jesse Monroe, biog., i. 628-9. 

Hodgkins, Win, in Ind. exped,, 
wounded, ii. 313. 

Hoecken, Adrian, R. C. priest, i. 
325; with hunting party, 396; dis 
covers pass, 398. 

Hoffman, Mr, at Waiilatpu, i. 648. 

Holbrook, Amory, att y in Ind. trial, 
ii. 96; signs memorial, 127; of H. 
of rep., 1860, 452; nominated U. S. 
senator, 639. 

Holcomb, Gay C., killed by Inds, ii. 
395. 

Holden, Horace, biog. and bibliog., i. 
467. 

Holden, Mrs Horace, presents flag to 
Or. rangers, i. 583. 

Holderness, S. M., mem. P. L. L. C., 
i. 297; fights duel, 492; sec. of 
State 1849, ii. 59. 

Holgate, John C., biog., i. 630. 

Holladay, Ben, acts in Or. R. R. af 
fairs, ii. 700-4; mention of, 746. 

Holland, David, settler at Coos bay, 
ii. 334. 

Holland, Francis S., biog., i. 530. 

Holland, 1. P., in explor. exped., ii. 
197. 

Holman, Dillard, in Ind. exped., ii. 
224. 

Holman, John, biog., i. 421. 

Holman, Jos., with Farnhams exped., 
i. 227, 237; of legislature, 308; uni 
versity trustee, ii. 299; R. R. corn- 
mis r, 696. 

Holmes, Leander, del to convention, 
ii. 418, 446; nominated state sec., 
431. 

Holmes, William, death, i. 421. 

Holmes, Wm, sheriff, i. 496; presents 
liberty-pole, 583; serg t at arms of 
H., ii. 59, 72, 143; signs memorial, 
127; R. R. commis r, 696 



INDEX 



783 



Holt, Thomas, explor. party, 532; 
assists immigrants, 564. 

Holton, D. S., of H. of rep., 1858-9, 
ii. 432, 434; surgeon gen., 438; 
senator, 1860-3, 452, 638. 

Holy Heart of Mary, mission founded, 
i. 327. 

Home, Capt., drowning of, i. 53. 

Home, Capt. D., arrives Or. on 
Beaver, i. 123. 

1 Honolulu, ship, ii. 42. 

Hooker, Jim, in Modocwar, ii. 575-6, 
587, 592, 599, 606, 909-12; surren 
ders, 62"; confession, 632. 

Hooker, Col Joseph, completed road, 
biog., ii. 306; in union army, 456. 

Hooker, S. C., murder of, ii. 156. 

Horn, A., death, i. 261. 

Horse Creek, military post, i. 376. 

Hospital, at F. Vancouver, i. 8; Wil 
lamette miss, 162; Chemeketa 
plains, 193, 197. 

Hot Creek Inds, attempt removal of, 
ii. 578-80. 

Houck, I. L., in immigrant party 
1859, ii. 463. 

Hoult, E., of court convention, ii. 
423. 

Houston, Robert, biog., i. 635. 

Hovey, A. G., del to rep. convention, 
ii. 446; senator, 1862-5, 638, 665. 

Howard, Cynthia, biog., i. 572. 
Howard, John, biog., i. 572. 
Howard, Zenas, warns Fairchild, ii. 

579. 
Howe, Lieut Albion, in Modoc war, 

killed, ii. 616-22; biog., 624. 
Howe, E. W., killed by Inds, ii. 395. 
Howe, Sam l D., com. of Island Co., 

ii. 299. 

Howell, John, biog., i. 421. 
How ell, Jonathan, biog. of, ii. 714. 
Howell, Morris, in Ind. exped., ii. 

313. 
Howison, Neil M., commands Shark, 

i. 584; examines country, 586-8. 

Howison s Rep t, comments, i. 585. 

Hoyt, family outraged i. 645. 

Hoyt, Francis S., trustee of univer 
sity, ii. 299; librarian, 615; Meth. 
preacher, 677. 

Hubbard, kills Thomburg, i. 95. 

Hubbard, Charles, biog., i. 635. 

Hubbard, M., established Port Orford, 
ii. 193. 

Hubbard, Thos. J., leader cattle co., 
i. 179; mem. for col. gov t, 301; 
leg. com., 1842, 304. 

Huber, N., clerk of council, ii. 434. 



Hudson Bay Co., Ind. wives among, 
i. 9-10, 26-28; servants of, 15, 70; 
treatment of Inds, 36; character of 
officers, 42; law in Or. under, 48- 
50, 235; monopoly in cattle, 140; 
lease of Russ. ter., 232, 234; charges 
against, 245; post at S. F., 250-1; 
attempt to settle Or., 252; attitude 
to immigrants, 261; Whites tran 
saction with, 276; treatment of im 
migrants, 409-10; delicate position, 
447; unite with Americans, 493-6; 
dissuading Inds., 540; celebrate 
Christmas, 578; Whitman s massa 
cre, 666-8; force sent to Walla 
Walla, 673-4; embarrassimg posi 
tion, 681-2; accused of conspiring 
with Inds, 697-9; decadence of 
business, ii. 103; sales of, 189-10; 
forts abandoned, iii; claims of, 276- 
81. 

Hudson, Miss, murder of, ii. 377. 

Hudspeath, J. M., witness, land dis- 

piite, i. 206. 
Hull, Joseph, promotor of masonry, 

ii. 30. 
Humboldt, on term Oregon, i. 23-4. 

Humboldt river, discovered, i. 32. 
Humphries, Capt., on Columbia, i. 

215. 
Humpy Jerry, of Capt. Jack s band, 

ii. 577. 

Hunsaker, Joseph, biog., i. 633. 
Hunt, Capt. I. C., at Camp Lyon, ii. 

519, 532. 
Hunt, Joseph, killed on the Gazelle, 

ii. 340. 
Huiitington, I. W. P., representative 

1860, ii. 452; sup t Ind. affairs, 670. 
Huntress, ship, ii. 48. 
Hurford, Susanna, biog., i. 628. 



Idles, John, killed by Inds, ii. 395. 

Illutin, Nez Perce, chief, speech at 
council, May 1843, i. 279. 

Immigants, attempt to prohibit negro, 
i. 287; refuse good drafts, 288; Whit 
man s views, 341-2; sufferings, 446 
-67; 508-41, 552-67; 623-38 j_ ii. 174 
-5; health and condition, i. 751; ef 
fects on, of gold discovery, ii. 63-5; 
protection of, 303-4; increase of, in 
1859, ii. 465; in 18(52-3, 493-5. 

Immigration society, hist, of, ii. 694-5. 

Immigration to Cal. , efforts of Or. peo 
ple to prevent, i. 552. 

Imports, value, 185-23, ii. 258. 



784 



INDEX. 



Independent gov t, steps towards, i. 
441-3. 

Indiana, petition from, i. 374-5. 

Indian Agent, White s endeavor to ob 
tain appointment, salary, i. 254-5. 

Indian*, attitude to H B Co., i. 36; 
murders by, i. 41, 95-7, 136, 148-9, 
179, ii. 92-5; demand missionaries, 
i. 54-5; at missions, 81-3, 86-9; 
diseases among, 81-3, 196-201; dis 
turbances by, 95, 162, 285-6, 412, 
703-6, ii. 66-70, 205-32; 330-1, 342 
-4, 369-96; cause of dissatisfaction, 
650; accusation against Whitman, 
652-3; threatened alliance, 684, 728 
-9; execution of, ii. 80, 93-100, 636; 
treaties with, 359-68; grand coun 
cil, 362-7; wars with, 1855-6, 369- 
96; extermination of, 397-412; con 
duct on reservation, 489; Shoshone 
war, 1866-68, 512-54; enlisted to 
fight Inds, 530-1; Modoc war, 1864 
-73,556-636; school, hist, of, 690. 

Indian school, hist, of, ii. 690. 

Indian wives, among H B Co., i. 9-10, 
26-28, 47; character, 27. 

Ingalls, David C., biog., i. 529. 

Inyard, John, biog., i. 448; left for 
Cal., ii. 47. 

Iowa, liquor law applied in Oregon, 
1844, i. 281. 

Iris, steamer, ii. 481. 

Iriquois, as ; missionaries, i. 116. 

Iron. manufactures, hist, of, ii. 733-5. 

Irwin, D., claim of, ii. 321; of anti- 
slavery party, 359. 

Isabella , ship, wrecked, i. 41. 

Isaiachalahis, murder by, ii. 94; trial 
and execution, 96-100. 

Ishalhal, brutality towards Mrs Whit 
man, i. 660. 

Island Milling Co., formed, i. 206-7; 
work, i. 211. 

Ison, S., of Senate, 1866-8; ii. 666-8. 

Ivcs, Wm, contractor for surveys, ii. 
269. 

Iwality, district boundary, i. 310. 



Jackson, ship, wrecked, ii. 300. 

Jackson co ty, organized, ii. 166; cre 
ated, 553; hist, of, 712. 

Jackson creek, gold discovered, ii. 186. 

Jackson, Capt. James, Com d. at Fort 
Klamath, ii. 563; in Modoc war, 
574, 622, 628. 

Jackson, Pres., interested in colony, 
i. 369. 

Jackson, John R., biog., i. 463. 



Jacksonville, co ty seat, ii. 299; Ind. 

attack of, 312. 

Jacob, Nez Perce chief, i. 665; coun 
sels, Mrs Spaulding, i. 665-6. 
Jacobs, 0., candidate for Legis,, ii. 

337; nominated U. S. Senator, 639. 
Jaggar, I. E., perilous adventure of, 

ii. 484. 
James, John D., perilous adventure of, 

ii. 484. 
James, Capt. L. L., Com d at Fort 

Stevens, ii., 532. 

James, P. Flint , steamer, ii. 480. 
Jamieson, Archibald, fate of, ii. 340. 
Jamieson, Arthur, fate of, ii. 340. 
Janet , ship, ii. 48. 
Japan, trade, i. 371. 
Jayol, J. F., arrives in 1867, i. 326. 
Jeffers, Joseph, biog., i. 628, 
Jeffries, John T., biog., i. 529. 
Jenkins, Willis, biog., i. 468. 
Jennings, Capt. J., exped. of, ii. 522. 
Jennison, Albert B., claim of, ii. 321. 
Jessup, Thos, S., on cost Mil. occ., i. 

360, 
Jesuit mission, difficulty with priests, 

i. 742. 

Jewett, John, biog., i. 656. 
Jewitt, T. D., claim of, ii. 321. 
John Alleyne , schr, ii. 258. 
John Chief, actions of, attacks troops, 

ii. 406-9; surrender of, 410. 
John Day mine, discovery of, ii. 479; 

suffering at, 484. 
Johnson, Miss Elvira, arrives Or., i. 

156; work at mission, i. 160; at 

Lapwai, 648. 
Johnson H., chaplain of house, ii., 72; 

school trustee, 78; signs memorial, 

127; of anti-slavery party, 359; 

promulgates rep. doct ns, 418. 
Johnson, J. W., Pres. of University, 

ii. 690. 
Johnson, James, biog., i. 627; school 

trustee, ii. 685. 
Johnson, Neill, Presb. minister, ii. 

682. 
Johnson, Wm, views on gov t, i. 295; 

high sheriff, 1843, 297. 
Johnson, W. Carey, of anti-slavery 

party, ii. 359; promulgates rep. 

doct ns, 418; nominated pros, atty, 

637; biog., 637-8; of Senate, 1866, 

666. 

Jo Lane , revenue cutter, ii. 488. 
Jones, John, explor. party, i. 544j 

meets immigrants, 562. 
Jones, J. K., killed by Inds ii. 373. 
Jones, J. W., in immigrant party, 

1859, ii. 463. 



INDEX. 



785 



Jordan creek, acts of Inds on, ii. 501. 

Jordan, M. M., killed, ii. 501. 

Joseph, Chief, acts at council, ii. 336 
-5. 

Josephine , brig, ii. 48; wrecked, 101. 

Josephine Co ty, established, ii. 415; 
hist, of, 753-4. 

Jourdan, with Farnham s exped. , 227. 

Joven Guipuzcoana , bark, ii. 25. 

Judiciary, ways and means, 1842, i. 
304; reorganization, 005. 

Judicial dist s, arranged, ii. 73-4, 164, 
254; division of, 297; re-distributed, 
308. 

Judson L. H., missionary, i. 177; 
trustee Or. Institute, 202; death, 
1880, 225; magistrate, 304; legisla 
ture, 307; mill-race, 440. 

Juliet , schr, wrecked, ii. 203. 

Juliopolis, Red river, i. 315. 

Jump Off Joe creek, fight at, ii. 387. 



K 



Kaiser, P. C., bibliog., i. 398. 

Kaiser, T. D., Sec. and Capt. Or. 
rangers, i. 283; leader immigrant 
party, 393; biog. and bibliog., 398; 
first to arrive at Dalles, 408; mem. 
prov. gov t, 428, 431. 

Kalispelms, mission founded among, 
i. 327. 

Kamehameha, iii. treaty with, i. 178. 

Kamiah, missionaries at, i. 137-8; 
mission, 331-2. 

Kamiakin, Chief, acts at council, ii. 
364-5: 

Kane, Paul, work, i. 599. 

Kasas, execution of, ii. 80. 

Kate Heath , brig, ii. 180. 

Kautz, Lt., at Fort Orford, ii. 233; in 
exped., 313; fight with Inds, 374. 

Kearney, Bvt Maj. of mounted rifles, 
ii. 81; exped. against Inds, 225-32. 

Keath, F., killed by Inds, ii. 315. 

Keeler, G-. W., Representative, 1860, 
ii. 452. 

K^ane creek; named, i. 546. 

Keene, Granville, killed by Inds, 371. 

Keene, "VVm, murder by, trial, ii. 156. 

Keintpoos, see Capt. Jack. 

Kelley, Hall J., arrives, i. 17, 89; on 
term Oregon, 22-3; advocates miss, 
labors, 56; prominence in settle 
ment, 67-70; plan of city, 69; pur 
pose, 89; adventures, 89-90; bad 
report of, 91; relation to H. B. Co., 
91-4, 99; leaves Or., 94; on Or. 
question, 365; emigration scheme, 
367; poverty of, 369. 
OR. II. 50 



Kellogg, Orin, biog., i. 752. 

Kellogg, Orrin, biog., i. 528. 

Kelly, Rev. Clinton, biog., i. 752. 

Kelly, with Farnham s Or. exped., 
228. 

Kelly, James K., commissioner to 
prepare laws, ii. 150; in explor. 
exped., 176; biog., 182; of council, 
1853-7, 323, 349, 413, 417; of con 
stitutional convent., 423; U. S. 
att y, 443; senator, 1860-3, 452, 
638. 

Kelly, John, at Cal. mines, ii. 185; 
register of lands, 669. 

Kelly, Wm, capt. of Or. vols, ii. 491; 
at Ft Vancouver, 532; in Modoc 
war, 585-9. 

Kelsay, Col, in fight at the Meadows, 
ii. 402. 

Kelsay, John, of const, convention, 
ii. 423. 

Kendall, Thos Simpson, biog., i. 530; 
of anti-slavery party, ii. 359; del. 
to convention, 418; school trustee, 
682. 

Kendall, Wm, murder by, trial, ii. 
155, 156. 

Kenny, D. M., favors new ter. scheme, 
ii. 255. 

Kennedy, Ezekial, destitute, i. 546; 
biog., 571. 

Kennedy, L, in Ind. exped., ii. 313. 

Keplin, Capt., on Or. coast, i. 94. 

Kesner, Chas, in Snake river massa 
cre, ii. 472. 

Kester, I., murder of, ii. 523. 

Keyes, Morgan, biog., i. 528-9. 

Keyes, Robert C., deposition about 
Cal., i. 552. 

Kiamasumpkin, murder by, ii. 94; 
trial and execution, 96-100. 

Kilborne, R. L., with Farnham s ex 
ped., i. 227, 237; ship-building, 247. 

Kilborne, Wm, on Columbia, i. 414; 
treasurer, 606; ii. 63; of Or. Ex 
change Co., 54; signs memorial, 127. 

Killin, John, biog., i. 531. 

Kimball, Mr and Mrs, at Waulatpu, 
i. 647. 

Kincaid, R. H., author of peace corn- 
mis., ii. 595. 

King, Alex., exped. of, ii. 305. 

King, T. Butler, established Port Or 
ford, ii. 193. 

King, W. M., of H. of Rep., 1850-1, 
1857-8, ii. 142, 161, 429; biog., 143; 
notary, 298; port surveyor, 309. 

Kingsley, Calvin S. , trustee of univer 
sity, ii. 299; Meth. preacher, 677. 

Kinney, A., arrival of, ii. 139. 



786 



INDEX. 



Kinney, Charles, actions in Albion 

affair, ii. 105, 106. 
Kinney, R. C., biog., i. 633; of H. of 

Hep., ii. 72, 158; trustee of Or. 

academy, 168; of const, conv, 423. 
Kinsey, T. S., biog., i. 636. 
Kip, Lieut Lawrence, at Ind. council, 

ii. 362; works of, 362, 363. 
Kirkpatrick, I. M., in com d at Port 

Orford, ii. 193; attacked by Inds, 

194; of assembly, 429. 
Kistler, Lieut A. C., at Camp Watson, 

ii. 532. 

Klamath co ty, hist, of, ii. 714. 
Klamaths, the, treaty with, ii. 506; 

advancement of, 562; in Modoc war, 

577-89. 
Kliketats, missionaries among, i. 181; 

insolence of, ii. 67. 
Kline, Jacob, on grand jury, ii. 354. 
Klokamas, murder, by, ii. 94; trial 

and execution, 96-100. 
Knapp, Capt. 0. C., Ind. agent, ii. 

559; relieved, 563. 
Knapp, Rich. B., biog. of, ii. 719. 
Knaust, Charles, killed on the Ga 
zelle, ii. 340. 

Knighton, H. M., biog., i. 576. 
Knott, A. I. , in Caruther s land affair, 

ii. 288. 
Knox, Samuel, in survey exped., ii. 

248. 
Kone, Mrs, missionary, i. 177j at 

Clatsop miss., 187. 
Kone, Rev. W. W., missionary, i. 177; 

at Clatsop miss., 185-7. 
Kyle, Lieut I. G. , in Modoc war, ii. 

581-i. 



Ladd, W. S., biog. of, ii. 764. 

La Dow, Geo., elected to congress, 

biog., ii. 675. 

Lafayette, founders of, ii. 251. 
Laggett, Jonathan, biog., i. 528. 
Lake co ty, hist, of, ii. 715. 
Lambert, David, del. to convention, 

1857, ii. 418. 
Lambert, G. W., of anti-slavery party, 

ii. 359. 
Lamerick, John K., leader of exped. 

against Ind., ii. 241; elected, brig.- 

gen., 389; campaign of, 402-3; in 

confed. service, 456. 
Lancaster, C. , returns from Camp Co 
lumbia, i. 258; leaves for Cal., ii. 

47; supreme judge, resigns, 63; 

mem. of council, 158. 
Land, laws relating to, i. 311, 477-8; 

ii. 260-95. 



Land claims, com. 1842, i. 304; dis 
putes regarding, 459-60; confirma 
tion asked, 607. 

Land grants, petitions for, i. 367; 
acreage to male adults, 374. 

Lane co ty, established, ii. 150; mil 
itia of, 386; hist, of, 715. 

Lane, Joseph, governor, off l actions, 
1849-50, ii. 66-100; resigns, 98; del. 
to congress, actions, 153-4, 206, 
299-310, 355-8, 419; exped. against 
Inds, 219-22, 315-20; lieut-col of 
militia, 325; of Coos Bay Co., 332; 
decrease of popularity, 439; aspires 
to presidency, 447; disloyalty of, 
455-6; death, 456. 

Lane, L. F., of assembly, 1864-5, ii. 
665; elected to congress, 670. 

Lane, Nathaniel, biog., ii. 98; claim 
of, 321; enrolling officer, 390. 

Lane, Richard, justice of peace, i. 612; 
co ty judge, biog., ii. 62. 

Lapwai, miss, built, i. 136; threatened 
attack on, 268; Inds hostile to, 330; 
description of, 336-7; abandoned, 
341; assistance for, 345. 

Laramie, discussion as to site of mili 
tary post, i. 376. 

La Rocque, George, biog., i. 636-7. 

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; 
Modoc war, 583-627. 

Laws under H. B. Co., i. 47-50, 235-6; 
requirements of, 292, 310-11; free 
dom, 307; compilation of, ii. 149. 

Lawrence, Hy. , killed by Inds, ii. 395. 

Lawson, James S., in survey exped., 
biog., ii. 249. 

Lawyer, Nez Perce chief, i. 133; 
shrewdness, 336; actions at council, 
ii. 364-5. 

Leary, Lieut P., in Modoc war, ii. 619. 

Le Bas, arrives in 1847, i. 326. 

Le Breton, Geo. W., with White, 1843, 
i. 275; killed, 282-3; clerk, pub. re 
corder, 294; sec. at Champoeg con 
vention, 303; clerk of court, 304; 
nomination, 312. 

Leclaire, Guillaume, on Umatilla, i. 
327-8; deacon, 654. 

Lee, Barton, mem. P. L. L. C., i. 297; 
justice of peace, 612; left for Cal., 
ii. 47. 

Lee, Daniel, character, i. 56-8; mis 
sionary, 60-5, 73; builds miss., 78- 
80; visits Hawaiian isl., 84; at 
Willamette miss., 154, 159, 230; at 



INDEX. 



787 



the Dalles miss., 163-6, 190, 242; 
meets Sutter, 165; marries, 182-3; 
at Clatsop miss., 185; proselyting, 
320; on Whitman, 343. 

Lee, E. Trumrell, Presb. minister, ii. 
681. 

Lee, H. A. G., character, i. 455; legis 
lator, 1845, 472, 474, 481, 493; edi 
tor, 575; com d Or. army, 730, 732; 
supt Ind. affairs, 730-2; resigns, ii. 
62. 

Lee, Jason, character, i. 56-8, 61-3, 
214, 220-1; miss, trip to Or., 59-65, 
73; builds miss., 79-80; miss, work, 
81, 160; relation to Kelley, 94; 
meets U. S. agent, 102; meets 
Parker, 113; receives Whitman s 
party, 135; Willamette cattle co., 
140-3; marries, 159; as a colonizer, 
166-8, 184, 190-8, 201-18, 226; me 
morial to congress, 168-9, 172-7; 
goes east, 169-78, 183, 318-20; death 
of wife, 170; again marries, 177, 
183; censured, 183; supt of missions, 
190; ii. 677; among the Umpquas, 
i. 192-6; quarrel with White, 196- 
7; trustee Or. institute, 201-2; dis 
pute Willamette falls, 203; duplicity 
Or. city claim, 214-16; opposes Mc- 
Loughlin, 215-18; superseded as 
supt, 218; death, 220; at Willamette 
miss., 230; meets Wilkes, 246; on 
Or. question, 372. 

Lee, Nicholas, biog., i. 753; school 
trustee, ii. 678. 

Lee, Wilson, biog., i. 571-2. 

Leese, J. P., in S. F. bay, i. 144; Or. 
pioneer, 266. 

Leggett, Thomas, co. assessor, i. 612. 

Legislature, first meeting, i. 305; ju 
diciary laws proposed, 306-10; pro 
ceedings, 427-45, 680-1; ii. 58-63, 
72-9, 141-72, 296-8, 322-9, 349-54, 
413-15, 417-18, 429-30, 436-8, 443- 
4, 452-4, 475, 637-76; oath, i. 473; 
power, 475-6; act for raising army, 
680-1; criticism on acts, ii. 54, 55; 
hrst meeting; amendts., 1887, 762. 

Leisler, James, claim of, ii. 321. 

Lemon, John, biog., i. 527. 

Lennox, David, T.. biog., i. 421; 
school trustee, ii. 684. 

Leonard, shooting scrape; ii. 37. 

Leonard Sam l, murder of, ii. 523. 

Leslie, Aurelia, death, i. 200. 

Leslie, Rev. D. , at Willamette, miss., 
i. 161; on school com., 201; trustee 
Or. Institute, 202; names Salem. 
222; justice of peace, 236; chairman 
at public meeting, 293; attempts 



revival, 320; chaplain of council, ii. 
72; university trustee, 299; Meth. 
preacher, 677. 

Leslie, Satira, marriage, death, i. 
199-200. 

L Etoiie 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, nan^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, i. 652-3. 

Lewis, W. B., in fight with Inds, ii. 
377-8; capt. of vols, 379. 

Lewiston, founding of ii. 482. 

Libraries, hist, of, ii. 694. 

Light Houses, ii. 248. 

Limerick, L.. del. to convention 1857. 
ii. 418. 

Lincoln, Abraham, offered governor 
ship, declined, ii. 139. 

Lindsay, J. J., biog., i. 754. 

Linenberger, David, biog., i. 753. 

Linn city, named, i. 536; co ty seat, 
ii. 151; flood at, 483; hist, of, ii. 
715, 716. 

Linn co ty, hist, of, ii. 715-16. 

Linn, Lewis F., presents Or. memor 
ial, i. 176; bills of, 217-18, 372-81; 
on Or. question, 349; occupation 
Or. ter., 370; biog., 381. 

Linnton, named, i. 415. 

Linnville, Harrison, leads immigrants, 
i. 559; legislator, ii. 58; school fund 
commis r, 299 ;R. R. commis r, 696. 

Lippincott, wounded, i. 561. 

Liquor, laws regarding, i. 249. 281, 
437, 537-9; efforts to suppress 
traffic, ii. 37. 

Literature, hist, of, ii. 691-2. 

Little, Anthony, favors new ter. 
scheme, ii. 255. 

Little-Dalles, shipwreck at Falls, 
1838, i. 316. 

Littlejohn, P. B. , missionary, i. 239- 
40, 244; with White, 268-9; drown 
ing of son, 272; tour, 342; Llama, 
ship, i. 143, 144, 201. 

Lloyd, John, biog., i. 529. 

Lloyd, W. W., biog., i. 529. 

Loan, negotiation, i. 671; correspon 
dence, i. 672-5. 

Loan Commissioners, petition people 
amount obtained, difficulty in 
obtaining cash, i. 675-6. 

Locke, A. N., biog., i. 635. 



788 



INDEX. 



Lockhart, F. G-., of Coos Bay co., ii. 
332; of const, convent., 423; of H. of 
rep., 666, 671. 

Locktrig, L., killed by Inds, ii. 315. 

Logan, David, att y, ii- 158; of H. of 
rep., 349; of const, convent., 423; 
nominated for congress, 446; de 
feated, 669. 

Long, J. E., sec. of Hotise, i. 429, 
496; biog., 429; director Or. Print 
ing assoc., 536. 

Long, Sylvester, drowned, ii. 396. 

Loo-Choo, ship, wrecked, ii. 300. 

Looking Glass Chief, act at council, 
ii. 364-5. 

Looney, Miss, presents flag to Or. 
rangers, i. 583. 

Looney, Jesse, leader immigrants, i. 
394; death, 421; legislator, 604-5. 

Lop-ears, term for Oregon settlers, i. 
19. 

Lord, Corp. Wm C., killed, ii. 424. 

Loring, W. W., Brev. Col, com d of 
mounted rifles, ii. 81. 

Loriot, brig., i. 100-1, 140, 142-3, 
154. 

Lost river, named, i. 548. 

Lot Whitcomb, steamer, hist, of, ii. 
255. 

Loughborough, John, leaves emigra 
tion 1843, i. 397. 

Louisiana Co., emigration, i. 369. 

Louis Philippe, King of France, 
grants money to Blanchet, i. 326. 

Love joy, A. L., escapes Sioux, i. 260. 
overland journey 1842, 343; meets 
immigration, 398; biog., 415; mem. 
pro\. gov t, 428; candidate for gov., 

471-2; loan commisr, 671-6; elected 
adj. gen., 680; left for Cal., ii. 47; 
H. of rep., 58, 71, 349, 417, su 
preme judge, 63; speaker of House, 
72; school trustee, 78; mem. of 
council, 161, 296; postal agent, 309; 
of const, convent., 423; commis. 
gen., 438; pension agent, 459; di 
rector Or. Cent. R. R., 699; founded 
Portland, 717. 

Lovelady, Presley, in Ind. exped., ii. 
224. 

Lovelin, Mr, kills Indian, i. 561. 

Lowe, Dan, killed on the Gazelle, 
ii. 340. 

Luce, H. H., settler at Coos bay, ii. 
334. 

Lucier, E., guard to missionaries, i. 
113; on gov t com., 297, 301; meets 
R. C. priests, 317. 

Luckiamute, the, treaty with, ii. 211. 

Luders, oa Columbia, i, 420. 



Luders bay, named, i. 420. 
Luelling, Henderson, biog., i. 637. 
Lugenbeel, Maj., com d at Colville, 

ii. 488. 
Lugur, F., leaves emigration 1843, i. 

397. 

Lumber, trade, i. 353; ii. 726-9, 758-9. 
Luptori, I. A. , favors new ter. scheme, 

ii. 255; massacre by, 372; of H. of 

rep., 1855-6, 414; death, 414. 
Lutheran church, hist, of, 687-8. 
Lyman, in explor. exped., ii. 176. 
Lyons, James, in fight at lava beds, 

killed, ii. 344. 



M 



Macey, Wm, exped. of, ii. 305. 

Mack, settler, bibliog., i. 423. 

Mackenzie, map, i. 22. 

Mackie, Peter, 1st mate of S. Rob 
erts, ii. 176. 

Macleary, Donald, biog. of, ii. 719. 

Macomber, Lt Geo., A. A. insp. gen. 
Columbia dept, ii. 531. 

Madigan, Lt John, : in fight at lava 
beds, killed, ii. 552, 544. 

Madonna, ship, i. 245; ii. 48. 

Magruder, E. B., biog., i. 469. 

Magruder Theophilus, associate 
judge, i. 450; biog., 469; of Or. 
Exchange co., ii. 54; sec. of terr., 
63. 

Maguire, Jerry, biog., ii. 396. 

Mahoney, Jeremiah, murder of, ii. 
156. 

Mails, facilities for, ii. 29-30; peti 
tions for, 436. 

Mail service, efforts for in congress, 
ii. 186-91; ocean, 302; appropria 
tions for, 328. 

Maine, whaler, wrecked, ii. 24. 

Major, Dan G., contract of, ii. 649. 

Maleck Adhel, ship, ii. 248. 

Malheur Mts, hardships on, 1845, i. 
512-14. 

Malheur river, gold discovered, i. 
512. 

Mallory, Rufus, of H. of rep., 1862- 
3, ii. 636; elected to congress, biog., 
669. 

Mann, S. S., in explor. exped., ii. 
176; wreck master, 299; settler at 
Coos Bay, 334. 

Manson, Donald, at Ft George, i. 29; 
life as a fur trader, 40-1. 

Manufactures, hist of, ii. 726-38. 

Marion co ty, raises co., i. 702; hist, 
of, ii. 716-17. 

Marine Gazette, newspaper, i. 575. 



INDEX. 



789 



Maps -.forts in Or., 1834, i. 12; Car 
ver s, 20; Cooke s, 23; Mackenzie s 
22; Payne s, 24; Parker s travels, 
120; Clatsop country, 186; Umpqua 
river, 194; Rogue river and Umpqua 
val., ii. 380; Idaho camps and 
forts, 513; E. Or. camps and forts, 
516; Modoc country, 560. 

Matherman, A., in Snake river mas 
sacre, ii. 472. 

Marks, John, biog., i. 627. 

Marks, Wm, of anti-slavery party, 
ii. 359; del. to convention, 418. 

Marple, P. B., of Coos bay co., biog., 
ii. 331. 

Marriages, in 1838, i. 318; laws re 
lating to, 309, 436-7; in 1846-8, ii. 
38-9 

Marshall, J. W. discovers gold, ii. 42, 
43. 

Marshall, Maj. L. H., comd. of Ft 
Boise, ii. 519; exped., 520; defeat 
of, 521. 

Martin, P. B., of H. of rep., 1852, ii. 
296; favors slavery, 422. 

Martin, H., mem. for Cal. govt ar 
rived 1840, i. 301. 

Martin, Hy, exped. of, ii. 479. 

Martin, James P. , exploring party, i. 
532. 

Martin, Win J. , pilots immigrants, i. 
400; of H. of rep., 1848-9, 1853-4, 
ii. 58, 59, 323; col of militia, 325; 
pursuit of Inds., 326; maj. of vols, 
386. 

Martin, William, unfair treatment, i. 
730. 

Mary, steamer, ii. 480. 

Mary Dare, ship, ii. 43; seizure of, 
107. 

Mary Ellen, brig, ii. 48. 

Maryland, ship, i. 186, 244. 

* Mary Wilder, brig, ii. 48. 

Mason, Gen. E. C., acts in Modoc 
war, ii. 582, 591-619. 

Masonic lodges, charters, ii. 30-31, 
415. 

Massachusetts, interested in Or., i. 
367. 

Massachusetts, ship, ii. 69. 

Massey, E. L., biog., i. 754; enrolling 
officer, ii. 399. 

Matheney, Daniel, leader immigrant 
party, i. 394; biog., 421. 

Matheney, Henry, biog., i. 421. 

Matilda, interpreter, ii. 598, 599. 

Matlock, W. T., of H. of rep., ii. 72, 
143, 158, 296; librarian, 79; del. to 
convention, 418; receiver of land- 
office, 458. 



Matthews, F. H., district judge, i. 

496. 
Matthieu, F. X., biog. and bibliog., 

i. 259; constable, 304; presd t Piou. 

Soc., ii. 693. 

Mattice, F. D., death of, ii. 370. 
Mattock, W. S., circuit judge, ii. 63. 
Mattock, W. T., nominated U. 8. 

senator, ii. 639. 

Matts, Chas, ship-building, 247. 
Matzger, Wm, of const, convention, 

ii. 423. 
Maupin, Howard, attack on Inds, ii. 

534. 
Maury, R. F., It-col of Or. vols, ii. 

491; sent on exped., 493; nomi 
nated U. S. senator, 639. 
Maxon, Capt., assumes command Or. 

army, i. 725. 
Maxwell, H., at Fort Vancouver, i. 

42. 
May, Sam l E,, sec. of state, ii. 637; 

crime of, 659, 670-71. 
Mary Dacre, ship, i. 14, 15, 63-4, 

112. 
Maynard, Rob t, crime and execution 

of, ii. 156. 

McAllister, Indian mission, i. 55. 
Me Arthur, Lt W., in survey exped., 

ii. 190. 

McAuley, Dr, miss, meeting, f. 59". 
McBean, W., in charge at Ft Walla 

Walla, i. 42, 642; assists those es 
caping massacre, 661. 
McBride, Geo. W. , sec. of state, ii. 760-1 . 
McBride, James, biog., i. 630-1; left 

for Cal., ii. 47; supt of schools, 

79; supports Gov. Lane, 93; of 

council, 142; trustee Or. academy, 

167; exped. of, 479. 
McBride, John R., del. to convention, 

ii. 418-23; senator, I860 3, 4p2, 

638; nominated for congress, 637. 
McFaddon, Jno., joint brickmaker, i. 

328. 
McCall, I. M., of anti-slavery party, 

ii. 359. 
McCarver, M. M., incident as leader, 

i. 400; biog., 415; mem. prov. g<>yr, 

427; speaker of house, 428, 4721 

act regarding organic law, 4851 

resigns speakership, 488; left for 

Cal., ii. 47; com. -gen. of militia, ii. 

325. 
McClane, J. B., biog. and bibliog., j. 

398; descends the Columbia, 407; 

explor. party, 532; post-master, ii. 

187. 
McClelland, S. R., of anti-slavery 

party, ii. 359. 



790 



INDEX. 



McClosky, John, signs memorial, ii. 
127. 

McCluchy, Geo., killed by Inds, ii. 
395. 

McClure, I. R., of anti-slavery party, 
ii. 359. 

McClure, John, biog., i. 26G-7; legis 
lator, 473, 481; in charge of Shark 
house, 588. 

McCormick, Rev. P. F., biog., i. 634. 

McOormiek, S. I., of const, conven 
tion, ii. 423. 

McCoy, Jno., of anti-slavery party, 
ii. 359. 

McCracken, John, chief clerk of 
house, ii. 323; It-col of militia, 325; 
of 0. C. R. R., 698. 

McCrary, Richard, distillery owner, 
i. 281. 

McCue, Felix, drowned, ii. 396. 

McCully, H. F., of anti-slavery 
party, ii. 359. 

MeCullock, Perry, exped. of, ii. 479. 

McCullough, Pat, killed by Inds, ii. 
395. 

McCurdy, I. D., in Ind. exped., ii. 
313. 

McCurdy, John, biog., ii. 714. 

McDonald, A., at Ft Hall, i. 42; at 
Ft Colville, 122; with White s 
party, 261; legislator, 604-606. 

McDonald, Harley, biog. of, ii. 725. 

M cDougal, guide for immigrants, 1845, 
i. 511. 

McDowell, Gen., requisition for cav 
alry, ii. 510; app t d to com d of 
Pa c dist, 510-11. 

McEldery, Dr, in Green s exped., ii. 
574. 

McFadden, 0. B., associate judge, 
biog., ii. 307, 308. 

McGee, Michael, killed on the Ga 
zelle, ii. 340. 

Mclntire, A., favors new ter. scheme, 
ii. 255; of H. of Rep., 1854-5, 349. 

Mclntosh, Archie, exped. of, ii. 537. 

McKay, murder by Ind. at Pillar 
rock, L. Col., 1840, i. 292. 

McKay, Donald, in com d of scouts, 
ii. 497; acts in Modoc war, 586, 587, 
615, 625. 

McKay, Nancy, marriage, i. 159; 
death, i. 160. 

McKay, Thos, farmer, i. 15; at Ft 
Vancouver, 33; character, 33-4; at 
Ft Hall, 62; with missionaries, 131- 
3; explor. party, 532; raises co., 
702; pilots co. to Cal., ii. 44. 

McKay, W. C., app t d to raise Ind. 
co., ii, 531, 



McKean, M. M., of assembly, 1866, 
ii. 666. 

McKean, S. T., biog., i. 636, of coun 
cil, ii. 71, 142. 

McKinlay, A., at Ft Walla Walla, i. 
35, 334, 642; address to Nez Per ces, 
269-70; advice to Whitman, 342; 
gallantry, 345; signs memorial, ii. 
127. 

McKinney, I., Meth. preacher, ii. 
677. 

McKinney, William, biog., i. 634; at 
Dalles, 667. 

McLane, David, killed on the Ga 
zelle, ii. 340. 

McLeod, D., arrives Oregon, death, i. 
41. 

McLeod, John, in Ind. exped., ii. 240. 

McLoughlin, John, at Ft Vancouver, 
i. 7-10, 28-9, 52-3; appearance, 29- 
30; character, 30, 42-5; authority, 
48-50; marriage, 52; receives Lee s 
exped., 63-4; plan of Or settlement, 
67; relations towards Young, 91-5, 
97-9; policy to settlers, 97; policy 
to U. S. agents, 101-3; receives 
missionaries, 112, 131-5, 154, 184; 
aids Willamette cattle co., 141; Or. 
city claim, 203-18, 223-4, 311; ii. 
125-7; charges against, i. 207-8; 
meets Farnham, 230; attitude to 
miss, settlers, 233; opposes ship 
building, 247-8; visits Cal., 251; 
treat of Red River settlers, 252; 
aids White s party, 264; opposes 
Inds, 275; advice to Inds, 277; 
views on Cockstock s killing, 283-4; 
position on govt formation, 297; 
joins R. C. church, 322; store in 
Or. city, 326-7; treat of immigrants, 
410-11, 416, 456-7; canal right, 
440; treat by legislature, 443; op 
position to, 464-5; joins political 
compact, 493-6; resigns from H. B. 
B. Co., 505; financial troubles, 506; 
citizenship of U. S., 506; retired, 
598; claims trespassed upon, 610; 
witness at. Ind. trials, ii. 97; injus 
tice to, 125-7; death of, 130; por 
trait at Salem, 1887, 763-4. 

McLoughlin, John, j r, death , i. 36-7, 236. 

McLoughlin, Maria E., marries Rae, 
i. 36. 

McMahon, Richard, signs memorial, 
ii. 127. 

McMinnville college, origin of, ii. 
684. 

McNamara, Serg t John, in Modoc 
war, ii. 588. 

McNamee, Mrs Hannah, biog., i. 528. 



INDEX. 



791 



McNamee, Job. biog, i. 528. 

McNary, Laodicea, biog., i. 531. 

McTavish, Dugal, at Ft Vancouver, 
i. 42; County Judge, resigns, ii. 
62. 

Meadows, Joseph, exped. of, ii. 305. 

Meacham, Sup t, official acts of, 552, 
558-67; relieved, 567; come to Mo- 
docs, act of, 595-612; wounded, 
612; at trial, 635. 

Meacham John, Ind. agent, ii. 563; 
report of, 565. 

Meara, Serg t, in fight at lava beds, 
killed, ii. 542, 544. 

Measles, devastating, i. 648-50, 653. 

Meek, Joseph L., biog., i. 244; cham- 
peog convention, 303-4; sheriff, 304; 
marshal, 497; mem. of leg., 604; 
messenger to congress, 676-9, 756; 
debut at Wash., 757-8; acts in Al 
bion affair, ii. 105; col of militia, 
325. 

Meek, S. H. L., founds Oregon city, 
i. 205; meets White s party, 258; 
guide, 512; life threatened, 513-15; 
petitions for road charter, 532. 

Meek, William, biog., i. 637. 

Meigs, C. R., of court convention, ii. 
423. 

Menes, Captain, biog., i. 326-7. 

Menestry, Father, arrives in 1847, i. 
326. 

Mengarini, on term Oregon, i. 19. 

Mercedes, ship, ii. 48. 

Merritt, F. W., in Ind. exped., ii. 
240. 

Merrill, Ashbel, biog., i. 637. 

Merrill, Joseph, biog., 2. 635-6. 

Mesplie, T., arrives in 1847, i. 326. 

Metcalfe, R. B., in Ind, exped., ii. 
316; claim of, 321; Ind. agent, 360. 

Methodist church, missionaries, acts 
of, i. 54-65, 154-83, 184-225; affairs 
investigated, 219-21; Wilkes visit 
miss, 247; missions, descript., of, 
292-3, 311, 660; Whitman purchases 
miss, 644; hist, of, ii. 677-8 

Military Posts, location, object, i. 
374-6; opinion for establishing 381; 
established 1848-50, ii. 83-7. 

Military reservations, declared, ii. 
89-92; U, S. court decision, 91. 
Grande ronde, 397. 

Military roads, appropriations for, ii. 
75, 305-6, 436. 

Military, situation, ii. 344-7. 

Militia, law enacted, ii. 324; organ 
ized, 386 

Millar, Mrs, injured on the Gazelle, 
ii. 340, 



Millar, Rev. I. P., killed on the Ga 
zelle, ii. 340. 

Miller, C. H., in Ind exped., ii. 497. 

Miller, G. M., founds Florence, ii. 757. 

Miller, H. F., conduct in Modoc af- 
fair, ii. 565, 569; death of, 576. 

Miller Island, mil. reser., 1850, ii. 89. 

Miller, Joaquin, works of, ii. 692. 

Miller, Jacob W., killed, ii. 383. 

Miller, John F., of H. of rep., 1853- 
4, ii. 323: nominated Gov., 638; 
com. of board of agric., 661; Or. 
Cent. R. R., 699. 

Miller, John K., killed on the Ga 
zelle. 

Miller, John S., claim of, ii. 321; 
lieut of vols, 386; of H. of rep., 
1856-7, 417; school trustee, 685. 

Miller, Minnie M., works of, ii. 692. 

Miller, Rich., of council, 1850, ii. 
142; of const, convention, 423. 

Miller, Wm, del. to convention 1857, 
ii. 418. 

Miller, Lieut, W. H., in Modoc war, 
ii. 589, 616, 622. 

Mill Creek, Waiilatpu mission, i. 337. 

Mills, at Ft Vancouver, i. 9, 234; 
Chemeketa plains, 192; Willamette 
falls, 203-8, 211-13, 217, 222. 

Mills, Y. I., killed by Inds, ii. 312. 

Milton, founders of, ii. 252, town des 
troyed. 

Milton Creek, mill on, ii. 50. 

Milwaukie, schr, ii. 48. 

Milwaukie, founding of, ii. 251. 

Mines, discovery of, John Day Pow 
der river, ii. 479; hist, of, 738-44. 

Mining, hist, of, ii. 738-44; revival of, 
products, etc., 754. 

Mint, question of, 1849, ii. 52-3. 

Minto, John, biog. and bibliog., i. 
451-2; joins Cal. exped,, 679; of H. 
of rep., 1862-3, 1868, ii. 638, 668. 

Minto, Martha, biog. and bibliog., i. 
451-2. 

Missionaries, labors of, i. 17, 54, 78- 
138, 154-225, 318-30; agric. under, 
80-4, 192-3; women as, 125-38; ig 
norance of hygiene, 190; opposed to 
White, 280 ; treat, of immigrants, 416. 

Missionary republic, failure, i. 470-1. 

Missionary, wives, outrages upon, i. 
662-3. 

Missions, buildings, i. 78-80; un- 
healthiness of, 86; Calapooya, 163; 
Clatsop, 185; Nisqually, 188; 
Dalles, 190; diseases at, 190; land 
grabbers, 313. 

Mission Life Sketches, bibliographi 
cal, i. 287, 



792 



INDEX. 



Missions, American Board of Com 
missioners for foreign, plans for 
western work, i. 104. 

Missouri, petition from, i. 375. 

Mitchell, J. H., sen., 1862-5; ii. 638, 
665; U. S. sen., 667, 672; biog., 672; 
approp. for public works, 757- . 

Modeste, English man of war, i. 
447, 499, 574, 587, 599; officers of, 
576. 

Mo doc, origin of name, ii. 555. 

Modoc lake, discovered, i. 547. 

Modoc war, 1864-73, ii. 555-636. 

Modocs, murders by, ii. 489; treaty, 
506; war, 1864-73, 555-636. 

Moffat, killed by Ind., ii. 235. 

Mofras, Duflotde, visits Or., 250, 

Molallas, Inds, i. 282; treaty with, 
ii. 211. 

Monmouth college, hist, of, ii. 687. 

Monroe, Pres., message Or. question, 
i. 361-2. 

Monroe, E., attack on Inds, ii. 575. 

Monteith, Thomas, biog., i. 632; joins 
Cal. exped. 679. 

Monteith, W. I., Presb. minister, ii. 
681. 

Monteith, Walter, biog., i. 632; joins 
Cal. exped., 679; sch. trustee, ii. 682. 

Montgomery, J. Boyce, biog., ii. 705; 
purchase of Albina, etc., 752. 

Montoure, George, exploring party, 
i. 532. 

Moody, Z. F., elected gov., biog., ii. 
675; administration of, 760. 

Moore, Lieut, in Modoc war, ii. 588. 

Moore, Andrew S., biog. of, ii. 713. 

Moore, E., favors New ter. scheme, 
ii. 255. 

Moore, George, biog., i. 527. 

Moore, Henry, exped. of, ii. 479. 

Moore, Jackson, leaves emigration 
1843, i. 397. 

Moore, James H., in survey exped., 
ii. 248. 

Moore, Robert, with cattle co., i. 
145; biog. 237-8; on gov t com., 
294, 304; elected J. P., 312; pro 
poses gov t seat, 536; purchases Or. 
Spectator, 575; signs memorial, ii. 
127. 

Moores, Isaac R., mem. H. of rep., 
ii. 413, 638, 665; of cons t. conven 
tion, 423; Or. Cent. R. R., 698-9. 

Morgan, Wm. H., petition favoring 
Modocs, ii. 634. 

Morris, Capt., arrest of, ii. 103. 

Morris, B. Wistar, bishop, ii. 686. 

Morris, M. B., in Ind. exped., wound 
ed, ii. 313. 



Morris, Col. T., in com d at Vancou 
ver, ii. 460. 

Morrison, R. W., biog, i. 449; county 
treasurer, 612; mem. H. of rep., 
1858, ii. 432. 

Morrow, Gbv., mention of, ii. 757. 

Morrow county organized, ii. 757. 

Morse, David, jr., mention of, ii. 757. 

Morse, W. B., Meth. minister, ii. 677. 

Morton, S. E., rep., 1860, ii. 452. 

Moses, S. P. , coll. at Puget Sound, ii. 108. 

Mosher, L. F. , favors New ter scheme, 
ii. 255; Senator, 1870, 671. 

Mosier, Alice Claget, biog. 

Moss Pioneer Times, MS., bibliog., 
i. 265. 

Moss, S. W., biog., i. 265; mem. P. 
L. L. C., 297; signs memorial, ii. 
127; works of, 691. 

Mott, C. H., Ind. commis r, ii. 412; 
joins Confed. service, 456. 

Mountain Buck, steamer, ii. 480. 

Mountains, Or., 2-3. 

Mount Baker, eruption, ii. 41. 

Mount Hood, ascent of, 1854, ii. 335. 

Mount Jefferson, first ascent of, ii. 
335. 

Mount St Helen, eruption, ii. 41. 

Mount Spencer, named, i. 484. 

Mounted riflemen, organization, i. 
578-9; bill to raise, 670-1; mem 
bers, 671; flag presented, 672; ac 
tions of, ii. 81-100; desertions from, 
88-9; departure, 100. 

Mud Springs, named, i. 550. 

Mulligan, C., early settler, ii. 299. 

Multnomah Co ty, created, ii. 354; 
hist, of, 717; value of prop, in, 753. 

Munger, A., Or. missionary, i. 238-9; 
character, death, 239-40. 

Munson, C. G., in Snake river massa 
cre, ii. 472. 

Murphy, Pat, in explor. expedt., ii. 
197. 

Myers, John, in Snake river massa 
cre, ii. 471. 

Myors, Joseph, in Snake river massa 
cre, ii. 472. 

Myrick, Mrs J., i. 37. 



Nassau, ship, ii. 202-3, 300. 

Natives, see Indians. 

Naylor, T. G., biog., i. 422, 571. 

Negroes, feelings against, i. 284; ex 
pulsion of, ii. 157-8; acts relating 
to, ii. 665-6. 

Nelson, Thomas, biog., ii. 155. 

Nereid ship, i, 50, 86, 143, 234. 



INDEX, 



793 



Nesmith, James W., pion., 43, i. 393, 
395; character, 402; judge, 472; 
left for CaL, ii. 47; legislator, 58; 
trustee Or. academy, 167; U. S. 
marshal, 309; in Ind. expedt., 313; 
brig. gen. of militia, 325; U. S. Sen 
ator, actions, 453, 459, 674; R. R. 
commis r, 696. 

Newby, B. F. , injured on the Ga 
zelle, ii. 340. 

Newcomb, Daniel, of co ty convention, 
ii. 423; mem. H. of Rep., 423, 434; 
brig, gen., 438. 

New Dungeness, light-house at, ii. 
248. 

Newell, Rob t, legis. com., 1842, i. 
304; mem. prov. gov t, 1844, 428, 
431; legislator, 472, 474, 604; ii. 
58; Or. printing assoc., i. 536; left 
for CaL, ii. 47; Ind. sub. agent, 70 
-1; representative, 452; leased pen 
itentiary, 644; R. R. commiss r, 
696. 

Newmarket, settlement, i. 464. 

* Newport, ship, ii. 333. 

Newspapers, started, 1850-1, ii. 147; 
political actions, 353-9; births at 
state admission, 448-9; excluded 
from mails, 492; number of, 692. 

Newton, Mr, murdered, i. 564. 

Nez Perces, missionaries among, i. 
Ill, 115-19; religious rites, 116-18; 
threaten Lapwai, 268; council with 
White, 269-72; Spaulding s influ 
ence, 330, 335; grammar made, 335; 
cattle, stock, 346; council with com 
mis r, 718-21; ii. 361-6; treaty with, 
366. 

Nichols, Serg t, attack on, ii. 547. 

Nichols, Benjamin, judge, i. 450. 

Nichols, H. B., of const, convention, 
ii. 423; of H. of Rep., 1858-9, 432, 
434. 

Nightingale, Gideon R. , biog. , i. 528. 

Niles, H., on term Oregon, i. 22; prop. 
Weekly Register, 378. 

Niles Weekly Register, bibliog., i. 
378. 

Nisqually, mission, i. 188-90; Inds at, 
319; attacked, ii. 67-9; fort near, 
70; port of delivery, 107. 

Nisqually Pass, explored, 1839, ii. 75. 

Nobili, Giovanni, arrives, July 1844, 
i. 325. 

Noble, Curtis, set. at Coos Bay, ii. 334. 

Noble, Mrs. Mary A., biog., i. 528. 

Noland, Rhodes, killed by Inds, ii. 312. 

Northup, Nelson, biog., ii. 333. 

Norcross, A. I., mayor of Union and 
Auburn, ii. 485. 



Northern Pac. R. R., joint lease of O. 

R. & N. Co. s line, ii. 748; injunc 
tion against lease, 749. 
North Litchfield Assoc. of Conn, send 

exped. to Oregon, 238. 
Northwest Coast, term embraced, i. 

1; U. S. territorial rights, 254. 
Notice bill, U. S. cong. passes, i. 589. 
Nott, Joseph, trial of, ii. 156. 
Nourse, Geo., first settler inKlamath 

county, ii. 507. 
Nuns, arrival of, i. 325, 326. 
Nus, Wm, death of, ii. 575. 
Nuttall, at Fort Vancouver, i. 16; 

expedt. to Or., 60, 85; names Or. 

flora, 86. 
Nye, Capt., in Columbia, i. 201, 422. 



Oakland, laid out, 1849, ii. 180. 

Oakley, with Farnham s expedt., 227 
-8. 

Oatman, Harrison, wounded by Inds, 
ii. 371; lieut. of vols., 510; fight 
with Inds, 528, 529. 

O Beirne, Capt., fight with Indians, 
ii. 530. 

Oblate, Fathers, mission to Yakimas, 
i. 327-8. 

Oblates of Mary Immaculate, proceed 
to Or., i. 654. 

O Brien, John, drowned, ii. 396. 

Ocean Bird, bark, ii. 48. 

Odd Fellows, dispensation for estab 
lishing, ii. 31. 

Odell, W. H., surveyor gen., ii. 295. 

Odeneal, T. B., app t. supt. Ind. 
affairs, ii. 567; off 1 act in Modoc 
war, 569-72; app t. peace commis r, 
596. 

Ogcleii, Maj. C. A., in survey expedt., 
ii. 248. 

Ogden, P. S., character, i. 32; dis 
covers Humboldt river, 32; com ds 
on Columbia, 598; at Walla Walla, 
673-4; rescues captives, 685-97. 

Kelly, Nimrod, trial of, ii. 156. 

Olcott, Egbert, see Smith Noyes. , 

Olds, W., of const, convention, ii. 
423. 

Olinger, A., biog., i. 421. 

Oliver, L W., killed by Inds, i.i 395. 

Olley, James, death, i. 200 

Olney, Cyrus, trustee of University, 
ii. 299; associate judge, 307; of 
const, convention, 423; mem. H. of 
Rep., 606, 671; subsidy bill of, 697. 

Olney, Nathan, Ind. agent, ii. 360; 
recruiting officer, 497. 



794 



INDEX. 



Olympia, port of delivery, ii. 170, 
co ty seat, 299. 

One-eyed Mose, of Capt. Jack s band, 

ii. 576. 
O Neil, James, in cattle expdt. , i. 142, 

converted, 179; mem of col. gov t, 

301, 304; judge, 312, 496; R. R. 

commis r, 696. 

Ordinance, 1787, applied to Or., 1843, 
i. 313. 

Oregon, early extent, i. 1; geological 
division, 1-6; natural resources, 4- 
6; climate, 4-5; ii. 40-1; society, 
1834, i. 9-10, 15-17; advent of mis 
sionaries, 16-17; name, 17-25; law 
under H. B. Co., 47-50; Meth. 
missionaries, 5465; early settlers, 
68-77; 251-2; missionaries, 1834-8, 
78-103, 184-225; Presb. mission 
aries, 104-38; colonization, 154-83; 
event-, 1839, 226-52; Belcher on, 
232-3; Farnham srept, 236; Wilkes 
visit, 2i6-9; U. S. claim to, 349-50; 
limits, 348-5; message of executive, 
429-30; land law provisions, 443-5; 
negro immigration, 437-8; necessity 
for better route, 542-3; war feeling, 
1846, 573-99; propositiion of Brit 
ish, 580; first flag, 588; boundaries, 
591-4, 597-8; progress, 609; dis 
gust with U. S. gov t, 615-17; ship 
building, ii. 27; news of Cal. gold 
discovery, 42; effect of, 51; gold 
discovery, 1850-2, 174-204; cost of 
Ind. war, 320-1; state admittance, 
440-1; seal, 444; during war, 1861- 
5, 456-8. 

Oregon army, miserable condition, i. 
726; objections against, 727. 

Oregon and Cal. mission, organized, 
1849, ii. 677. 

Oregon and Cal. R. K Co., charter 
granted, ii. 696; purchase of, 747. 

Oregon cavalry, 1st, hist, of, 1860-3, 
ii. 493. 

Oregon central military road co., ac 
tions and grants, ii. 651, 653. 

Oregon Cent. R. R., hist., ii. 696-706. 

Oregon city, founding, i. 205, 207, 
211-12, 217-18; progress, 265; Mc- 
Loughlin s claim, 311; bishop s see, 
327; first brick house, 328; jail, 
439, 619; incorporated, 443; legis 
lature at, 473, ii. 59; seat of gov t, 
i. 536; post-office established, 614, 
ii. 29; churches, 36; trial of Inds, 
94-6; population, 1852, 251; flood, 
1861, 483; first church, 677; water- 
power at, 753. 



Oregon Democrat, newspaper, ii. 449. 

Oregon s envoys, i. 754-67. 

Oregon infantry, 1st, organized, ii. 509. 

Oregon institute, founded, i. 201-3, 
300; moved, 322; catholics offer to 
purchase, 326; sale, 789-90. 

Oregon Pac. R. R., construe, of, ii. 749. 

Oregon pioneer assoc., object, offi 
cers, bibliog., i. 394. 

Oregon printing assoc., principles, i. 
535-6; work done, ii. 31. 

Oregon prov. emig. soc., organized, 
purpose, i. 174, 176, 373. 

Oregon R y Co., purchased, ii. 747-8. 

Oregon R y & Nav. Co., bridge and 
depot of, ii. 748; line of, leased, 748; 
injunction against lease, 749; exten 
sion of lines, 750. 

Oregon rangers, formation, i. 283; 
serv. of, 284-5; flag presented, 583. 

Oregon Spectator, newspaper, i. 484, 
575; suspended, ii. 43-4. 

Oregon Statesman, newspaper, ii. 
147. 

Oregon Steam Nav. Co., organization 
of, ii. 480. 

Oregon Temperance Society, organ 
ized, i. 98. 

Oregon Whig, newspaper, ii. 147. 

Organic laws, amendment of 1845, i. 
470-507. 

Osborne, Bennet, explor. party, i. 544. 

Oswego, founded, ii. 251; iron works 
at, 752. 

Otis, Maj., in Modoc war, ii. 567-70. 

Overland mail, first daily, ii. 438. 

Over ton, Win, owner of Port, land 
claim, i. 791, ii. 281. 

Owens, D. D., exped. of, ii. 300. 

Owens, John, explor. party, i. 544; 
at Ft Jilall, 551-2; rescues immi 
grants, 564. 

Owens, Y. P., attack on Inds, ii. 318. 

Owens, Thomas, biog., i. 421. 

Owhi chief, opposes treaty, ii. 364. 

OM r yhee, biog. , i. 40. 

Owyhee river, battle of, ii. 520-1. 



Pacific city, White, founds 1853, i. 

290. 

Pacific co ty, established, ii. 150. 
Pacific Journal, newspaper, ii. 448. 
Pacific ocean, natural boundary of 

U. S., i. 358. 
Pacific republic, scheme of, ii. 450-1. 
Pacific university, i. 138; ii. 680. 
Pack wood, Elisha, biog. i. 530-1. 



IITDEX. 



705 



Packwood, Wm H., of const, conven 
tion, ii. 423. 

Page, Dan D., killed on the Gazelle, 
ii. 340. 

Parge, H. C., attacked by Inds, ii. 
523. 

Pallas, brig, i. 423-4, 467. 

Palmer, Capt., movements of, ii. 512- 
13. 

Palmer, Cornelius, justice of ""peace, 
ii. 298. 

Palmer, Joel, leaves for W. S., i. 337; 
aid L to Welch, 509; road making, 
518; biog. and bibliog., 522; corn- 
mis, gen., 676; sup t Ind. affairs, 
683; ii. 309; official action, i. 720; 
ii. 359-68, 397-9, 409-11; left for 

, Cal., ii. 47; of H. of rep., 1862-3, 
638; senator, 1864-6, 665, 666; Or. 
Cent. R. R., 698. 

Palmer, Joes, trustee of Or. Academy, 
ii. 168; founded Dayton, 251. 

Palouses, battle with, i. 723-4. 

Pambrum, P. C., at Walla Walla, i. 
35; receives missionaries, 110, 120, 
influence with Inds, 330, 345; ex- 
plor. exped., 1839, ii. 75. 

Paiiina chief, makes peace, ii. 507-8; 
fight with, 533; killed, 234. 

Paris, J. D., fainthearted missionary, 
i. 334. 

Parker, David, explores Puget Sound, 
i. 463-4. 

Parker, A. C., of Assembly 1864-5, 
ii. 665. 

Parker, Sam l, of legislature, ii. 58-9, 
63; mem. of council, 71-2, 142, 158, 
1G3, 434; mem. penit y board, 298; 
university trustee, 299. 

Parker, Reb. Samuel, seeks miss, 
site, i. 104; character, 105-6. at 
Ft Walla Walla, 110, 120; meets 
White, 111, 115; at Ft. Vancouver, 
111-14, 123; opinion of natives, 
112; meets Lee, 113, selects Waii- 
latpu, 117-19; map of travels, 120; 
at Ft Colville, 122-3; Sandwich 
Islands, 123-4. 

Parker, Wm, explor. party, 1846, i. 
544; of H. of rep. 1850, ii. 142; 
biog., 143. 

Parker, Wm G., biog,, i. 544. 

Parker, W. W., of assembly 1858-9, 
ii. 434; dep ty collector, 458; biog. 
458. 

Parrish, E. E., biog., i. 469; dist 
judge, 496; school trustee, it. 685. 

Parrish, Edward, death of, ii. 370. 

Parrish, Jesse, biog., i. 754. 

Parsons, I, H., biog., ii. 711. 



ParrLli, J. L., missionary, i. 177; at 
ClatoOp miG3., 188; trustee Or. In 
stitute, 202; at Salem, 225; on 
gov t com., 297; Ind. agent^i. 213; 
Meth. preacher, 677; K. R. com- 
mis r, 696. 

Parrott, Rev. Joseph E., biog., i. 753; 
signs memorial, ii. 127; Meth. 
preacher, 677. 

Partlow, James, Pilos of the Gazelle, 
ii. 340. 

Patten, rescues immigrants, i. 564. 

Patterson, A. W., of H. of rep., 1854- 
5, ii. 349; lieut. of vols, 386; enroll 
ing officer, 390; cf 0. C. M. Road 
Co., 652; senator, 1870, 671. 

Patterson, Joshua, biog. of, ii. 713. 

Patton, Lieut, fight with Inds, ii. 

530. 

Patton, Polly Grimes, biog., i. 627. 
Patton, T. Me F., att y, ii. 158; 

favors new ter. scheme, 255; clerk 

of council, 417; Or. Cent. R. R., 

699. 

Paugh, William, biog., i. 526-7. 
Pawnees, missionaries among, 105. 
Payette, at Ft Boise, i. 229, 239; re 
ceives immigrants, 401. 
Payne, Aaron, biog., i. 630; of H. of 

rep., 1850, 143; in Ind. exped. 325. 
Payne, Clayborne, death, i. 397. 
Payne, Dr Henry, in explor. exped, 

ii. 176. 

Payne, S., map, i. 24. 
Peace Commissioners, visited by Ya- 

kimas, i. 707-8. 

Peacock, ship, wrecked, i. 249. 
Pearl, Henry, killed in Ind. fight, ii. 

383. 
Pearne, Thos H., nominated U. S. 

senator, ii. 639; Meth. preacher, 

677. 
Peebles, I. C., of H. of rep., ii. 323; 

of council 1854-7, 349, 413, 417; of 

const, convention, 423. 
Peel, Win, arrives, i. 497. 
Peers, Henry N., mem. of leg., i. 604, 

606; literary abilities, 606; works 

of, ii. 691. 
Peerce, Capt. C. H., com d at Ft 

Sfceilacoom, ii. 532. 
Pend. O Oreilles, St Ignatius mission 

founded, i. 327. 
Pendleton, chairman mil. affairs, i. 

378. 
Pengra, B. J., surveyor-gen., ii. ! 

458; nominated to congress, 446; of 

O. C. M. Road Co., 652; explores 

route, 705, 



793 



INDEX. 



Penitentiary, waste of appropriations, 
ii. 850, 352; constructed, 644, 645. 

Pennoy er, Gov. S. , mess, to cong. , ii. 760. 

Pentland, Robert, injured on the 
Gazelle, ii. 340. 

Peoria, Lee s colonizing efforts in, 226. 

Pepoon, Lieut Silas, actions of, ii. 521. 

Pepper, I. P., in explor. exped., ii. 
197. 

Perkins, Mrs. at Willamette miss., 
i. 101; at Dalles, 104, 181, 190. 

Perkins, Rev. H. K. W., at Willam 
ette miss., i. 101, 230; at Dalles, 
1G3-G, 179-81, 242. 

Perham & Co., Carding machine of, 
ii. 338. 

Perkins, Joel, founded town, ii. 251. 

Perry, Capt. D., in Modoc war, ii. 
581-90, 616-18; captures Captain 
Jack, 629-30. 

Perry, Frank, killed by Inds., ii. 315. 

Perry, James, murder of, ii. 521. 

Petty grove, F. W., fined for using 
liquor, i. 282; mem. P. L. L. C., 
397; at Or. city, 417; biog. and 
bibliog., 422-3; judge, 496, left for 
Cal., ii. 47; founded Portland, 717. 

Pettyjohn, L., school trustee, ii. 685. 

Peupeumoxmox, visits MoLoughlin, 
i. 277; trading ventures, 286; ad 
ventures with McKinlay, 345; con 
duct, 651; revokes friendship, 728; 
acts at council, ii. 364. 

Phelps, Miss A., missionary, i, 177; 
marriage, 237. 

Phillips, Miss E., missionary, i. 177, 
187. 

Pickett, Chas. E., threatened, i. 284; 
mem. P. L. L. C., 297; bibliog., 
434-5; judge, 496, Ind. agent, 614; 
unpopularity, 615. 

Pickett, I. W., killed, ii. 478. 

Pierce, E. D., expedt. of, ii. 479. 

Pike, Lt, pursuit of Inds, ii. 545, 546. 

Pilcher, Major, Ind, agent, with mis 
sionaries, i. 128. 

Pilot service, at mouth of Columbia, 
ii. 191. 

Pioneer, schr, ii. 48. 

Pioneer association, hist of, ii. 693-4. 

Pioneer Lyceum and Literary Club, 
1844 i. 296-7. 

Pioneers, lists of, i. 73-7; 394, 526, 568, 
QS3, 751; list cf deaths, ii. 762-3. 

Piper, Lt, A., takes the field, ii. 476. 

Pit river, Crook on, ii. 538-9. 

Pit river Inds, murder by,ii. 489. 

Pitman, Miss A. M., arrives Or., i, 
156; at Willamette mission, i. 157 
-9. 



Planing mill, built on Columbia, ii. 

50. 

Platt, I. C., murder of, ii. 156. 
Platte, discussion as to site of military 

post, i. 376. 

Poinsett, on military posts, i. 376. 
Point, Nicholas, R. C. priest, Flat- 
head mission, i. 3^4. 
Poland, Capt., death of, ii. 394. 
Poland, John, killed by Inds, ii. 395. 
Polk, Pres., actions on Or. question, 

i. 388, 582-3; on boundary question, 

595. 
Polk co ty, created, i. 538; hist, of, 

ii, 722. 

Pollock, John, death of, ii. 370. 
Pomeroy, W., witness, land dispute, 

i. 206; signs memorial, ii. 127. 
Ponjade, John P., biog., i. 633. 
Pony express, founder of, ii. 438. 

Popham, Ezekiel, murderous affray, 
ii. 37. 

Popo-agie, military post, i. 376. 

Popular election, vote on constitution, 
ii. 427, 428. 

Population, 251, 543, ii. 251, 259. 

Port of entry established, ii. 103, 104. 

Porter, William, biog., i. 753. 

Portland, found, of, i. 791-3; port of 
delivery, ii. 107; pop. 1852,251; legis 
lation over site, 281-9; hist, of, 717- 
22; progress of, 1880-8, 750-1. 

Portland library, organiz. of, ii. 751-2. 

Port Orford, established, ii. 193; offi 
cials at, 1851, 233. 

Post route, establishing, i. 614. 

Powder River mine, discovery of, ii. 
479. 

Powder River valley, fertility of, ii. 
485. 

Powers, Thomas, road making, 1846, 
i. 558. 

Pratt, judge of second dist, ii. 70; 
mention of, 102, 307, 337, 357. 

Pratt, 0. C., Young s property, i. 151- 
152, 780; ii. 103, 157-9, 162-4, 167. 

Presbyterian church, hist, of, ii. 680- 
83. 

Presbyterians, advent of, i. 104-38; 
1838-47, 315-48: jealousies, 329- 
30; alarm at R. C. action, 340-1; 
downfall of, 741. 

Preston, Geo. C., Ind. sub. agent, ii. 
70. 

Preston, H. L. , nominated U. S. Sen 
ator, ii. 639. 

Preston, I. R., surveyor gen., ii. 155. 

Pretol, arrives in 1847, i. 226. 

Prettyman, Perry, biog., i. 627. 



INDEX. 



797 



Prichett, defended Inds, ii. 96; acting 
gov., 98. 

Prigg, Fred, mem. P. L. L. C., i. 297; 
judge, 496; terr. sec., 606; death, 
ii. 36. 

Prim, P. P., pros, att y, ii. 336; of 
const, convention, 423; app td dist 
judge, 443, 670. 

Prince, Nez Perces, chief, i. 279. 

Pringle, Pherne T., biog,, i. 570. 

Pringle, Virgil K., biog., i. 570. 

Printing press, Hall brings, 1839, i. 
335-6. 

Probate courts, i. 3( 

Probst, Robert, murder of, ii. 477. 

Protective assoc., capital, object, ii. 
21-2. 

Protestant church, first erected, ii. 
677. 

Provencher, J. N., bishop of Juliopo- 
lis, 1834, i. 315. 

Provisions, high price, i. 259, 451. 

Pruett, J. H., biog., i. 633. 

Public buildings, acts concerning, ii. 
298. 

Public lands, first sale of, ii. 660. 

Public library, books for, ii. 144. 

Public roads, acts relating to, ii. 651- 
2. 

Pudding river, name, i. 72. 

Puebla mts, fight at, ii. 535. 

Puget Sound, exploration, i. 463^4; 
collector appointed, ii. 108; fortifi 
cations, 510. 

Puget Sound Agricultural Co., oppo 
sition to, i. 189; attempt at settle 
ment, 252; Cowlitz, 319. 

Pugh, J. W., biog., i. 572. 

Putnam, Charles, road making, 1846, 
i. 558. 

Pyle, James M. , clerk of assembly, ii. 
434; senator, 1864-6, 665-7; sup 
ports R. R. grants, 697 



Q 



Quallawort, execution of, ii. 80. 
Quatley, Chief, in Lane s Ind. expdt, 

ii. 219-21. 
Quebec, archbishopric, appoints Blan- 

chet to Or., 1837, i. 306. 
Quesnel, F., settler, i. 74. 
Quito, brig, ii. 48. 



R 



Radford, Lt R. C. W., Indian expdt., 

ii. 320. 
Rae, W. Or., life as fur-trader, i. 36: 

in Cal, 251. 



Rae, Mrs, marries, i. 37: in Cal.. 
251. 

Ragan, Win, attack on Inds, ii. 534. 

Railroads, memorial for, i. 590: char 
ters granted, ii. 325-6; land grant, 
668; hist, of, 695-706; progress, 746. 

Rainer, founded, ii. 252. 

Rainey, J. T., biog., i. 570. 

Rains, C., killed, ii. 464. 

Ralston, Jeremiah, biog.,i. 631; Uni 
versity trustee, ii. 299. 

Rascal river, name, i. 90. 

Ravalli, Antonio, arrives July 1844, 
i. 325. 

Raymond, W. W., at Clatsop miss., 
i. 177, 187; death, 199-200. 

Reading, P. B., pion., 1843, i. 395. 

Real estate exchange, list of iiicor- 
porators, ii. 751. 

Ream Lt, in Modoc war, ii. 593. 

Reasoner, I. S., Presb. min., ii. 681. 

Rector, W. H., mem. of leg., i. 612; 
left for Cal. ii. 47; supt of Ind. af 
fairs, 459; R. R. comm r, 696. 

Red River families, settle t in Or. , 252. 

Reed, Geo., killed by Inds, ii. 395. 

Reed, I. H., of const, convention, ii. 
423. 

Reed, Martin, killed by Inds, ii. 395. 

Rees, W. H., institutes library, i. 
295-7; mem. of leg., 612. 
sec. of Pioneer Soc., 693. 

Reeves/ S. C., pilot, i. 326, 589; ii. 
24-5; left for Cal., 47. 

Rehart, C. A., biog. of, ii. 715. 

Religion, first celebration mass Nov., 
25, 1838, Vancouver, i. 317. 

Religious sects, numbers, denomina 
tions, ii. 36. 

Remeau, assists emigrants, 1848, i. 
400. 

Rendezvous, of fur traders, i. 130. 

Republican party, formation of, ii. 
416; clubs, 418; platform, 1858, 
430; convention 1859, 445; 1862, 
637; victory of 1888, 762. 

Reservation, on Malheur river, ii. 
554; set off, 653. 

Revenue, raising of 1845, i. 540; laws, 
ii. 104-8. 

Reynolds, Frances Ella, biog., i. 753. 

Reynolds, R. B. defended Inds, ii. 
96. 

Rice, Col, killed, ii. 527. 

Rice, W. H. , fainthearted missionary, 
i. 334. 

Richard, Father, superior of the ob 
late orders, i. 328. 

Richardson, A., in Ind. exped., ii. 
224. 



798 



INDEX. 



Richardson, Daniel, death, i. 398. 
Richardson, Dan, lieut of vols, ii. 

379; killed, 396. 
Richardson, Jesse, favors new ter. 

scheme, ii. 255. 
Richardson, P., meets Fariiham s 

exped., 228. 

Richey, Caleb, biog., i. 754. 
Richmond, Rev. J. P., missionary, i. 

177; at Misqually miss., 188-90. 
Richmond, Mrs, missionary, i. 177. 
Ricord, <John, at Oregon city, i. 211- 

13; opposes McLoughlin, i. 215-18. 
Riddle, F. F., interpreter, ii. 599- 

609. 
Riddle, Foby, interpreter, ii. 599- 

612. 

Ridge way, Mrs Tabitha, biog., i. 529. 
Riggs, James B., biog., i. 527. 
Riggs, W. C., killed, ii. 464. 
Riley, Capt. Bennett, chastises Inds. 

i. 397. 

Riley, Edward, murder of, ii. 527. 
Rinearson, S. S., mem, of express, i. 

552; 1st serg t rifle co., 671; capt. 

of vols, ii. 379; promulgates rep. 

doctrine, 418; Maj. of Or. vols, 491. 
Roads, petitions for, i. 531-3; located, 

ii. 152; explorations for, 335. 
Roanoke, ship, wrecked, ii. 300. 
Robb, J. R., attempts to muzzle 

press, i. 622; left for Cal., ii. 47; 

university trustee, 299. 
Robbins, Nathaniel, of const, conven 
tion, ii. 423. 
Robe, Robert, Presbyterian minister, 

ii. 681. 
Roberts, G. B., at Ft Vancouver, i. 

38; life, i. 38-9. 

Roberts, Mrs G. B., arrives Ft Van 
couver, 27. 
Roberts, W., transferred to Cowlitz, 

i. 598-9; attempts to muzzle press, 

622; university trustee, ii. 299; 

sup t. of missions, 677. 
Robinson, A. A., clerk of council, ii. 

72. 

Robinson, Ed, stabbing affair, ii. 37. 
Robertson, Joseph, Presb. minister, 

ii. 682. 
Robinson, John, biog., i. 570; of H. 

of rep., 1855-6, ii. 413. 
Robin s Nest, proposed seat of gov t, 

i. 536 

Robinson, Thomas G., biog., i. 527. 
Robinson, Rev. William, biog,, i. 

627. 

Roby, death, 1846, i. 559. 
Rock Dave, of Capt. Jack s band, ii. 

576. 



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 I., cond. at Cape 

Hancock ii. 532. 
Rogers, John P., left for Cal. 1848-9, 

ii. 47. 
Rogers, Mary Jane Robert, death, i. 

469. 
Rogue river, name, i. 80; hostility of 

Inds, 95; ii. 377; explor. of, 176-8, 

197; gold discovered, 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. 
Roseborough, in Modoc war, ii. 603. 

607. 

Roseburg, founded, ii. 184. 
Ross, J. E., lieut rifle co., i. 671; re 
signed, 708; left for Cal., ii. 47; 

favors new, ter. scheme, 255; claim 

of, 321; col of militia, 325, 376; of 

H. of rep., 1855-6, 414, 666; mem. of 

council 1856-7, 417; offers services, 

583; Director Or. Cent. R. R., 699. 
Rosseau, Father, on Umatilla, i. 327- 

8, 654. 
Rosseau, Gen. L. H., com d of dep t, 

ii. 548. 

Round Prairie, named, i. 546. 
Routes, merits, i. 565-6. 
Routes and Cut-offs, map, i. 543. 
Rowe, John Lafayette, hist, of, ii. 713 
Royal, Capt., on Or. coast, i. 86. 
Ruckle, J. S., elected senator 1858, 

ii. 432; steamboat owner, 480-1; 

mention of, 765. 
Runnels, Jesse, in Ind. exped., ii. 224. 
Russler, Sergeant, in fight at lava 

beds, killed, ii. 542-544. 
Russell, Edward, founds Albina, ii. 752. 
Russell, Osborne, mem. prov. gov t, 

i. 427; biog. 428; candidate for 

Gov., 471. 
Russians, oppose H. Bay Co., i. 232; 

trade of, 574. 



INDEX. 



799 



Russell, W. H., commands Cal. Co., 
1846, i. 556; founded pony express, 
ii. 438. 

Russia, ukases w. Am. limits, 1822, 
i. 352. 

Ruth, I. S., in survey exped., ii. 190. 

Rvan, Jeremiah, in explor. exped. ii. 
"197. 



S 



Sacramento, brig. , ii. 48. 
Saffarans, Henry, at Dalles, i. 667. 
Sager, Mr and Mrs, death, i. 453-4. 
St Clair Co., emigrant co. from, 1843, 

i. 393. 
St Clair Wayman, of H. of rep., ii. 

143, 349; biog., 143. 
St Francis Borgia, mission founded, 

i. 337. 
St Francis Regis, mission founded, i. 

327. 

St Helen, founded, ii. 251. 
St Ignatius, mission founded, i. 327. 
St Joseph, boys school, French 

Prairie, 1844, i. 325. 
St Mary, convent and girls school at 

French Prairie, 1844, i. 325. 
St Paul, Champoeg church dedicated 
^ to, 1840, i. 319, 328. 
StPaul miss, sem y, incor., ii. 152. 
St Peters, mission founded, i. 327. 
Salem, site laid out, i. 222; capital, 

ii. 146, 643; legislat. at, 163; const. 
. convention at, 423; growth of, 752. 
Sales, Mr, at Waulatpec, i. 648. 
Sallee, killed by Inds, i. 561. 
Salmon-canning, decline of, ii. 758. 
Salmon river, quartz mines at, ii. 754. 
Sam, chief, actions in Ind. troubles, 

ii. 239^5. 

Samuel Roberts, schr, ii. 176. 
Sanborn, Charles, biog., i. 633. 
Sanders, Allen, dep. about Cal. , i. 552. 
Sanders, Geo. N. , agent at Wash, for 

H. B. Co., ii. 108-9. 
Sand ford, I. R., in immigrant party, 

1859, ii. 463. 

Sand island, surveyed, ii. 249. 
Sandwich islands, trade with, ii. 258. 
San Francisco, H. B. Co. post at, i. 

250-7; explor. co. formed at ii. 175. 
Santiam river, Indians attacked on, 

1846, i. 285. 

Sarah & Caroline, ship, i. 144. 
Saules, negro, deserts ship. i. 249; 

troubles with, 282-4. 
Saunders. L. Woodbury, biog, i. 647. 
Saunders, S., killed, ii. 378. 
Sager, John, murdered, i, 659, 



Savage, Luther, biog., i. 637. 
Savage, Morgan Lewis, biog., i. 629. 
Savage, Towner, biog., i. 571. 
Sawyer, Willoughby, in fight at lava 

beds, killed, ii. 544. 
Saxton, Joseph Charles, accompanies 

White, i. 484. 
Scarborough, I., killed by Inds, ii. 

317. 
Scarface, murder by, ii. 238-9; hanged, 

245. 
Scarface Charley, acts in tl^ Modoc 

war, ii. 572-86; surrenders, 629. 
Schaeffer, J., in immigrant party, 

1859, ii. 463. 

Schira, Nicholas, murder of, ii. 576. 
Schira, Mrs, bravery of, ii. 576. 
Schmoldt, Adolf, killed by Inds, ii. 

396. 
Schofield, Nathan, in explor. expedt., 

ii. 176. 
Schofield, Socrates, in explor. expedt., 

ii. 176. 

Scholl, Peter, biog., i. 627. 
School, at Ft Vancouver, i. 49, 80; 

Champoeg, 86; Willamette miss., 

160, 162; Chemeketa. 190, 201, 222; 

Baptists, ii. 648; Methodist, 678; 

Catholic, 679; Presbyterian, 682-3; 

Episcopal, 687, Public, hist, of, 688 

-9; Indian, 690. 

School fund, act creating, ii. 299. 
School lands, appropriations for, ii. 

660-3. 

School law, enactment of, ii. 77. 
Sconchin, chief, acts in Modoc war, 

ii. 555-612; trial and execution, 

635-6. 

Scott, Felix, Ind. agent, i. 749; es 
corts immigrants, 750-1; b og., 750; 

R. R. comis r, ii. 696. 
Scott, Harvey W., edited Oregonian, 

ii. 147; librarian, 694. 
Scott, J. B., murder of, ii. 545. 
Scott, John, biog., joins Cal. expedt., 

679. 
Scott, Capt. L. S., movements of, ii. 

515. 
Scott, Levi, biog., i. 544, 572; explor. 

party, 544, ii. 178; guides immi 
grants, i. 558; leader of party, 266; 

wounded, 624; joins Cal. expedt., 

679; mem. of council, 1858-5, ii. 

296, 323, 349; of const, convention, 

423. 
Scott, Thos Fielding, elected bishop, 

ii. 685; death of, 686. 
Scottsburg, name, i. 572; flood at, ii. 

483. 
Seagull, steamer wrecked, ii. 341. 



800 



INDEX. 



Seal of state, ii. 444. 

Seaman, Nelson, killed by Inds, ii. 

395. 

Sears, Franklin, biog., i. 469. 
Secession, proposed, 1842, i. 306. 
Seletza, Indian chief, i. 684. 
Selitz reservation, condition of Inds, 

ii. 412. 

Seroc, Joseph, killed by Inds, ii. 395. 
Settlement, difficulties attending, i. 

355-6. 

Settlers, privileges to, i. 257; occupa 
tion, 786-7; rights of, ii. 285-6. 
Saxton, Charles, bibliog., i. 508-9. 
Seymour, Admiral, writes McLough- 

lin, i. 497. 
Shacknasty Jim, acts in Modoc war, 

ii. 599, 627; surrenders, 627. 
Shagaratte, L., death of, i. 82. 
Shane, J., killed by Inds, ii. 315. 
Shannon, Davis, of const, convention, 

ii. 423. 
Shark, U. S. schr, 584-5; wrecked, 

587-8. 

Shark house, variety of uses, i. 588. 
Shastas, The, trouble with, ii. 238-45, 
Shasta valley, gold discovered, ii. 

185. 
Shattuck, E. D., candidate for legis., 

ii. 337; promulgates rep. doctrines, 

418; of const, convention, 423; of 

H. of Rep., 1858-9, 434; library 

director, 694; Or. Cent. R. R. Co., 

698. 
Shaw, A. R. C,, exploring party, i. 

532. 

Shaw, Hilyard, early settler, ii. 299. 
Shaw, T. G., exploring party, i. 532. 
Shaw, Wm, biog., i. 449; explores 

Puget Sound, 453-4; Capt. of Co., 

703; left for Cal., ii. 47; of H. of 

Rep., 142. 

Shea, 0. , attacked by Inds, ii. 534. 
Sheil, Edw., military comdr, ii. 314; 

of council, 1857-8, 429; elected to 

congress, 450. 
Shelton, Isaac, attacked by Inds, ii. 

373. 
Shepard, Mrs, work at mission, i. 

160. 
Shephard, Cyrus, missionary, i. 59; 

character, 60; at Ft Vancouver, 80; 

Willamette miss, 158-61; marriage, 

159; death, 182, 

Shephard, W. F., killed, ii. 464. 
Sherman, Gen., acts in Modoc affair, 

ii. 602, 605. 

Sherry, Ross, biog., i. 528. 
Sherwood, Lt W. L., attempt murder 

of, ii. 612-3. 



Shields, Jas, of const convention, ii. 

423. 
Shillingbow, Adam, murder of, ii. 

577. 
Shipping, arrivals and departures, ii. 

48-9; river and ocean, 340-1; hist. 

of building, 727-9. 
Shirley, James Quincy, biog. of, ii. 

723. 
Shively, John M., biog., i. 614; left 

for Cal., ii. 47. 
Shnebley, D. J., editor and proprietor 

Or. Spectator. 

Shroeder, John, murder of, ii. 577. 
Shrum, Nicholas, of const, conven 
tion, ii. 423. 

Shoalwater bay, examined, ii. 248. 
Short, Amos M., squatter, trial of, ii. 

90; land claim, 278-9. 
Short, H. R. M. B., surveys Portland, 

i. 792. 
Short, R. V., of const, convention, ii. 

423. 
Shortess, Robt, petition of, i. 207-11; 

character, 207; mem. col govt, 301, 

304; scheme, 313; assists immi 
grants, 410; judge, 496; injured on 

the Gazelle, ii. 340. 
Shoshone, steamer, ii. 547. 
Shoshone war, 1866-8, ii. 512-54. 
Shoshones, The, outrages by, ii. 216. 
Shumard, B. F., expedt. of, ii. 300. 
Silcott, John M., claim of, ii. 321. 
Silvie de Grasse, ship, ii. 48; wrkd,49I 
Simon, Joseph, biog. of, ii. 765. 
Simmons, Andrew J., biog., i. 631. 
Simmons, Christopher, first child, i. 

464. 
Simmons, M. F , biog., i. 449; explores 

Puget Sound, 463-4; of H. of Rep., 

ii, 72; at indignation meeting, 162. 
Simmons, Sam l, biog., i. 530; college 

trustee, ii. 686; R. R. commis r, 

696. 
Simpson, Anthony, Presb. minister, 

ii. 681. 
Simpson, Ben of H. of Rep., ii. 143, 

158, 638; biog., 143; surveyor gen., 

295; mem. of council, 323. 
Simpson, Sir George, feud with Mc- 

Loughlin, i. 37; tries murderer of 

McLoughlin, jr, 236; visits Or., 250 

-1; settlement policy, 316; letter 

of, ii. 108. 

Simpson, Sam l L., works of, ii. 692. 
Sims, C., favors new terr. scheme, ii. 

255. 

Sims, John, murder of, ii. 489. 
Sinclair, Col. J. B., at Fort Boise, ii. 

519. 



INDEX. 



801 



Sinslaw, settlement at, if. 759". 

Sioux, harass White s party, i. 260. 

Siskiyou co., pet. of citizens, ii. 558. 

fekmuer, A. A., circuit judge, i. 605; 
left for Cal., ii. 47; com. to settle 
Cayuse war debt, 79; signs memo 
rial, 127; claim of, 184; Ind. com- 
mis r, 208; life and public services, 
309-10; dist judge, 670. 

Slacum, W. A , report on miss., i. 
88, 101; U. S. agent in N. W., 100 
-3; treatment by H. B. Co., 101-3; 
aids settlers, 140-1, 152; opposes 
H. B. Co., 141-2. 

Slater, James H., of H. of Rep., ii. 
429, 432, 434; dist atty, 670; mem. 
to congress, 674; biog., 674. 

Slavery, illegal, i. 307; proposed bill 
against, 389; act relating to, 437-9; 
actions of free soilers. ii, 358-9. 

Sloan, Joseph, in explor. expedt., ii. 

J*7Q t 

Small, Lt, fight with Inds, ii. 528. 
Small, Wm J., removes Inds, ii. 579- 
-, 80. 
Smith, A, B., missionary, i. 137-8; 

Ind. grammar, 335. 
Smith, Capt. A. J., expedt. of, ii. 466 

-8 

Smith, A. T., missionary, i. 239-40. 
Smith, Bruce, murder of, ii. 527. 
Smith, Buford, biog., i. 753. 
Smith, Delazon, of H of Rep., 1854-7. 

ii. 349, 413, 417; of const, conven 
tion, 423; supports Lane, 444; 

school trustee, 682. 
Smith, Enoch, trial of, ii. 156. 
Smith, Fred M. , established Port Or- 

ford, ii. 193. 

Smith, Freeman, claim of, ii. 321. 
Smith, Fabritus R., biog., i. 570. 
Smith, Hiram, biog., i. 527. 
Smith, Hugh, in Ind. expedt., killed, 

ii. 313. 
Smith J. E., in immigrant party, 

1859, ii. 463. 

Smith, James, biog., i. 571. 
Smith, Joseph, escaped massacre, i. 

662. 
Smith, Joseph S. , elected to congress, 

biog., ii. 669. 
Smith, John, of anti-slavery party, 

ii. 359; del. to convention, 418; H. 

of Rep., 638; school trustee, 682; 

R. R. commis r, 696. 
Smith, Miss M., marries, i. 96; at 

Willamette miss., 161. 
Smith, Noyes, mem. P. L. L. C., i. 

297; biog., 621; signs memorial, ii. 

127. 

Or. II. 51 



Smith, Gen. P. F., comd of riflemen 
i. 613; in comd Pac division, ii. 83; 
plans of, 86-7. 

Smith, Robert, biog., i. 544. 

Smith, Sidney, with Farnham, i. 
227-9; sec. at public meeting, 293; 
mem. for col gov t, 301; captain, 
304. 

Smith, Simeon, biog., i. 527. 

Smith, Solomon, at Ft Vancouver, i. 
11; Willamette miss., 182; Clatsop 
miss., 185. 

Smith, Thomas, in Ind. expedt., ii. 
^ 313; of H. of Rep., 4U 417, 668. 

Smith, Thomas H., census taker, i. 
443; sheriff, 496; mill of, 50, 252. 

Smith, Virgilia E. Pringle, biog., i. 
570. 

Snake or Lewis river region, charac 
ter, i. 3. 

Snake river massacre, ii. 468-475. 

Snakes, the, trouble with, ii. 403-4; 
expedt. against, 495. 

Snellback, Peter, in Ind. expedt., ii. 
240. 

Snelling, G. L., favors new ter. 
scheme, ii. 255. 

Snoqualimichs, troubles with, ii. 67,68. 

Society, Oregon, 1834, i. 9-10, 15-17, 
26-28, 42-53. 

Southerner, stmr, wrecked; ii. 341. 

Southern route, opening of, i. 543-52; 
protection of, ii. 475-7. 

Southern Pacific R. R., purchase of 
Or. & Cal. R. R., ii. 747. 

Spalding, H. H., character, i. 125; 
journey to Ft Vancouver, 125-35; 
at Lapwai, 136, 655; influence over 
Nez Perces, 330; irritability, 330-1; 
opinions on agric., 335-7; recalled 
to U. S., 341; attending sick, 656- 
7; warned of massacre, 657-8; es 
cape of, 664-5, 686; Ind. agent, ii. 
207; death, 682. 

Spalding, Mrs, marriage, i. 125-6; 
character, 126; journey to Ft 
Vancouver, 125-35; at Lamrai, 
136; illustrates scriptures, 336; in 
formed of massacre, flight, 0(35-6; 
rescue, 686. 

Sparts, Rich., in Ind. expedt., ii. 221. 

Spaulding, Capt. J., voyage, ii. 171; 
at Ft Vancouver, 184; leaves, 254; 
report on Or. question, 377. 

Spect, Jonas, biog., i. 6*J .>. 

Speel, Harris, biog., i. 5 JU. 

Spencer, Z. C., sec. of war, \\hite 
visits, i. 254. 

Split-lip, Chief Cayuses shrewdness, 
i. 330. 



802 



INDEX. 



Sportsman, William, Hog., i. 545. 
Spotranes, missionaries among, i. 

121-2, 138; movements of, 286; 

character, 339-40; attack troops, 

ii. 461. 
Sprague, Capt. F. B., expedt. of, ii. 

515, 516; comd. at Ft Klamath, 

532. 

Stage lines attacked by Inds., ii. 523. 
Stanley, Arad C., biog. of, ii. 713. 
Stanton, Lt. expedt. of, ii. 202-203. 
Staiiton, Alfred, pion. 1847, i. 469. 
Stark. Benj., of H. of Rep., ii. 296, 

452; U. S. senator, 457. 
Stark, Benjamin, jun., presents can 
non to Or. city, i. 588. 
Stark, Hy. A., of Coos Bay co., ii. 

332; death of, 334. 
Starkweather, W. A., of H. of Rep., 

ii. 349, 417, 452, 666, 671; of const. 

convention, 423. 

Starling, survey ship, i. 232; ii. 48. 
1 Star of Oregon, schr, i. 248. 
Starr, Rev. John W., biog., i. 753. 
Starr, Milton B., of anti-slavery 

party, ii. 359; cong. minister, 680. 
State house, waste of appropriation, 

ii. 350; destroyed, 351. 
State lands, acts relating to, ii. 646. 
State organization, question of ii. 

336-7. 

State university, founded, ii. 689-90. 
Steamboat navigation, encourage 
ment, i. 375. 
Steele, E., favors new ter. scheme, 

ii. 255; actions in Ind. troubles, 

239-44; Cat. Ind. suptcl, 556-57; 

actions in Modoc war, 571, 600-4; 

petition favoring Modocs, 634. 
Steele, Maj. gen. T., measures of, ii. 

518-19, 526, 527. 
Steen, Maj. E., expedt., of, ii. 465-8; 

comd. at Walla Walla, 488. 
Steen, Mt., battle at, ii. 548. 
Steinberg, Justin, apptd. col of Or. 

cavalry, biog., ii. 493. 
Stephens, James, biog., i. 469. 
Steptoe, Col, attacked by Inds, ii. 

460,461. 

Stevens, Wm, murder of, ii. 93, 94. 
Stewart, Benjamin E., biog., i. 628. 
Stewart, P. G., mem. P. L. L. C., 

i. 297; mem. prov. gov t, 427; biog.; 

428; promotor of masonry, ii. 30, 

port surveyor, 309. 
Sticcas, Cayuse chief, i. 402, 403, 

657; deception of, 721-2. 
Stiken, Simpson at, 250. 
Stock, Waiilaptu miss., 1839, 41, i. 338. 
Stone, building, ii. 754-5. 



Stone, David, biog., i. 752; pros. 

att y, ii. 79. 

Stone, Pleasant, W., claim of, ii. 321. 
Stoneman, Lt G., in fight with Inds, 

ii. 235-238. 

Stout, George Sterling, pion. 1843, i. 
, 395. 
Stout, Lansing, nomination of, ii. 

444; acts in congress, 459; senator, 

668, 671. 

Stoutenburg, Geo,, death of, i. 182. 
Stratton, R. E., pros, att y, ii. 298, 

336, 358; biog., 336. 
Strong, Wm, murder of, ii. 527. 
Strong, Judge W., arrival, ii. 102, 

139; biog. 102; dissatisfaction with, 

162-3. 
Stuart, Capt., in Lee s exped., i. 63; 

with missionaries, 128; hunting 

party, 396. 
Stuart Bot Capt. James, of mounted 

rifles, ii. 81; in Ind. fight, killed, 

326-7. 

Sturges, Mrs Susan, biog., i. 752. 
Sublette, exped., i. 60-61; advice to 

White, 256-7; joins immigration, 

450. 

Sullivan, Alex., killed, ii. 549. 
Sulphur, survey ship, i. 232. 
Suit, Michael, biog. of, ii. 715. 
Sumatra, ship, i. 161. 
Sumner, Brig. Gen. Eb., in com d 

of mil. dep\ ii. 488. 
Surprise valley, named, i. 549. 
Surveys, of lands, ii. 247-50, 268-75. 
Sutter, J. A., travelling to Cal., i. 

165. 
Sutters Fort, reception to Hastings, 

i. 267; Peupeumoxmox at, 286. 
Swamp lands, speculations in, ii. 

654-8; sales, etc., of, 760-1. 
Swaney, A. W., school trustee, ii. 

678. 

Swaney, L. H., drowned, ii. 341. 
Swearingen, on Or. committee, i. 350. 
Swinden, John, claim of, ii. 321. 
Sylvester, Capt., on Columbia, i. 424, 

467. 
Sylvester, E., bibliog, i. 424; leaves 

for Cal., ii. 47 at indignation 

meeting, 162. 



Tainey, R. C., biog., i. 630. 
Tallentine, Mrs Agnes, biog., i. 631. 
Tamahas, murders by, i. 659; ii. 94; 

trial, execution, 96-100. 
Tamanowas, (evil eye) Indian belief 

in, i. 335, 



INDEX. 






Tamsucky, treachery, i. 660. 
Tandy, Wm, exped. of, ii. 305. 
Tanitan, Head Chief, Cayuse, i. 278- 

80; treatment of missionaries, 328, 

654-5, 

Tanner, Daniel, death, i. 561. 
Tarbox, Stephen^ biog., i. 421. 
Tate, J. P., of anti-slavery party, ii. 

359; del to convention, 418; of H. 

of rep., 452, 665; school trustee, 

.682. 

Taylor, Chief, killing of, ii., 311-12. 
Taylor, G-eo. H. C., claim of, ii. 321. 
Taylor, James*, justice of peace, i. 

612; in charge quarter masters 

dep t, 705; of Or. Exchange Co., ii. 

54; school trustee, 78; treasurer, 

79. 

Taylor, John R, biog., i. 633. 
laylor, Wm, in Ind. exped., ii. 313; 

senator, 452, 639. 

Taxing land, case relating to, ii. 158. 
Tedford, Eli, murder of, ii. 477. 
Telegraphs, first proposal, ii. 339. 
Tep Eyck Anthony, inexplor. exped., 

ii. 176. 
Territory, necessity of gov t, ii. 4-5; 

division of, 247, 306 
Tefcherow, Solomon, com d of co., i. 

509; biog., 679; R. R. commis r, ii. 

696. 
Thanter, Andrew G-., Dist. Atty. ii. 

443 ; elected to Cong. 454; biog. 

454 ; riom. Pros. Atty. 638. 
Thayer, Gov., mention of, ii. 760. 
Thayer, W. W. , elec. Gov. , biog. , ii. 675. 
Theatrical performances, pieces 

played, i. 574-5. 
The Dalles, mission at, i. 163-6, 179- 

81, 190; natives at, 164, 179-81; 

Whitman buys, 224, 348; hostility 

of Iiids, 230; abandonment of, 268; 

destruction, 345; army headquar 
ters, 703; supply post at, ii. 91; 

early trading, 252-3; town site 

claim, 289-90. 
The Dalles Journal, newspaper, ii. 

449. 
Thellar, Lieut E. R., in Modoc war, 

ii. 615. 
The Meadows, fight at, 1856, ii. 402- 

4. 

The Times, newspaper started, ii. 147. 
The Union, newspaper, ii. 449. 
The Venture, steamer, ii. <iSO. 
Thomas, E., appt d peace commis., 

ii. 606; actions of, 608-12; murder 

of, 612; biog., 614. 
Thomas, Lt Evan, in Modoc war, 

killed, ii. 616-22; biog., 623. 



Thompson, D. P., capt. of Or. v 

ii. 491; author of peace comm 

595; surveyor, 647; senator, (. 

671. 
Thompson, Frank, robbed by Ind s, 

ii. 523. 
Thompson, I. F., of anti-slavery 

party, ii. 359. 
Thompson. L. S., in Ind. expedt., ii. 

240; of H. of rep., 323. 
Thompson, Lewis, Presb. minister, ii. 

680. 
Thompson, origin of anti-slavery 

party, ii. 359. 
Thompson, R. R., justice of peace, i. 

612; signs memorial, ii. l J7; 1ml. 

agent, 312; steamboat builder, 4 SO. 
Thompson, W., claim of, ii. 321; 

drowned, 396. 

Tliornbury, killing of, i. 95, 232. 
Thornbury, C. N., favors new ter. 

scheme, ii. 255. 

Thornton, Indian mission, i. 55. 
Thornton, H. G., explor. road, ii. 

486. 
Thornton, J. Quinn, biog. and bibli- 

i. 555-6; on routes, 560-6; supreme 

judge, 566; delegate, 620; my- 

rious departure, 620; funds iVr 

penses, 621; a t Washington. 755-<>; 

claims authorship of bill, 759-iil; 

Ind. sub. agent, ii. 70-71, si. 

memorial, 127; att y, 158; of H. of 

rep., 665. 
Thornton, Seyburn, explores Puget 

sound, i. 463-4, 531. 
Thorp, John, leader of party, i. 4~0; 

of H. of rep. 1850, biog., ii. l-H: 

R. R. commis., 696. 
Thurston, co ty, created, ii. !><>. 
Tlmrston, S. R., legislator, ii. 5S. 59; 

first del. to congress, IK! lii; bioj., 

113; character, 115; actions, 117- 

39; death, 136. 
Tibbets, Calvin, cattle expedt., i. 

142; atClatsop miss., 185-8; juii. 

496. 
Tichenor, Wm, founds Port Orford, 

ii., 193-6; biog., 193; of H. of rep.. 

414, 432, 434; senator, 452. 
Tillamook co ty, hist, of, ii. 722. 
Tiloukaikt, Cayuse chief, i. -7- 

658; speech at coiincil, 27*; insults 

Whitman, 334; adclr- >n<K iu 

694; murder by, ii. 94; trial and 

executioii, 96-100. 
Tintinmitsi, Cayuse chief, i. 6-">l. 
Todd & Co., express co. of, ii. ." ! . . 
Tolman, J. C., suveyor gen., ii. 295; 

claim of, 321; of Coos bay co., 331. 



804 



INDEX. 



Tolmie, W. F., on Ind. names, i. 18; 

at Ft Vancouver, 34-5; legislator, 

604, 605; tight with Inds., ii. 60-9. 
Tomson, Capt., trades in Columbia, i. 

40. 
Tongue river, fishery established, i. 

467. 
Tonie, engineer of the Gazelle, ii. 

340. 

Toulon, bark, i. 588; ii. 48. 
Toupin, John, interpreter, Fort Walla 

\Yalla, i. 119. 

Town, Albert, emigration co., 367. 
Townsend, scientist, i. 16, 60; fauna 

named by, 85-6; at Walla Walla, 

134. 
jTrade, with Sandwich Is, i. 178; on 

Puget sound, ii. 250. 
Transportation, means of, ii. 28. 
Traynor, Lawrence, in fight at lava 

beds, wounded, ii. 544. 
Treaties, with Inds, ii. 210-18, 318, 

319. 

Trees, Or., 224. 

Trickey, Geo. , killed by Inds, ii. 396. 
Trimble, Capt., in Modoc war, ii. 

622. 
Trimble, Christopher, in Snake river 

massacre, ii. 472. 
Trimble, Elizabeth, in Snake river 

massacre, ii. 472. 

Trimble, Susan, in Snake river mas 
sacre, ii. 472. 
Tualatin Academy, foundation, ii. 

34-35. 

Tualatin county, boundary, i. 539. 
Tualatin plains, missionaries settle, 

240. 
Tualatin river, made navigable, ii. 

256-7. 
Tucker, Maj. S. S., of mounted rifles, 

ii. 81; establishes post, 91. 
Tulles, W. R., killed by Iiids, ii. 395. 
Tumwater, meaning, i. 464. 
Tungate, R., in Ind. exped., ii. 313. 
Turner, Creed, trial and execution of, 

ii. 156. 
Turner, John, escapes Inds, i. 96-7; 

cattle exped., 142-7. 
Turnham, Joel, shot, i. 444-5. 
Turnpin, Capt., in Ind. exped., ii. 

224. 
T Vault, W. G., postmaster general, 

i. 496-7; com ds co., 509; President 

Or. Printing co., 536; mem. of ex 
press, 552; editor, 575; orator, 584; 

legislator, 604; ii. 432, 434; biog., 

ii. 29; defends Ft Kendall, 156; 

establishes Port Orford, 193; explor. 

exped., 196-200; att y, 358. 



Tyghe Inds, murders by, ii. 489. 
Tyler, Pres., apology for failure of 
Or. bill, i. 381. 



U 



Umatilla, steamer, ii. 480. 
Umpqua co., estab., ii. 151, 485; towns, 

180-1; hist, of, 722; div. of, 757. 
Umpqua river, map, i. 194; explor. 

parties on, ii. 178-9; pilotage, 299. 
Umpqua val., Ind. deps in, ii 388-9. 
Umpquas, missionaries among, i. 195-6; 

removed to reservation, ii. 388. 
Undine, brig, ii. 48. 
Union county, hist, of, ii. 723. 
Union Pacific R. R., lease of Or. R. & 

Nav. Co. s line, ii. 748. 
Unitarian church, hist, of, ii. 687. 
United States, men-of-war, i. 497, 
. 584-7, feeling to Great Britain, 

579; memorials to congress, 606-9, 

617-20; appeal to, 677-8. 
United States court, appointment of 

officers 1859, ii. 442. 
United States mail, first, i. 747. 
United States troops, ordered out, ii. 

235. as Ind. fighters, 236-8. 
University, actions to locate, ii, 167; 

established, 299; relocated, 351-2. 
Utter, in Snake river massacre, ii. 

471-2. 



Vagrants, laws, i. 309. 
Vallejo, Gen., in Cal., i. 143-4. 
Van Brunt, G. I., in survey exped., 

ii. 248. 

Vance, Thomas, death, i. 454. 
Vancouver, see Ft Vancouver. 
Vancouver, ship, wrecked, ii. 23. 
Vancouver island, bishop s see, i. 327. 
Vanderpool, leads immigrants, 1846, 

i. 559. 
Vanorman, Alexis, in Snake river 

massacre, ii. 472. 
Vanorman, Mark, in Snake river 

massacre, ii. 472. 

Vanorman, Mrs, in Snake river mas 
sacre, ii, 472. 
Van Voast, Capt., com d at Cascades, 

ii. 488. 

Vaughn, Martin, biog., i. 572. 
Vercruysse, Aloysius, arrives July 

1844, i. 325. 
Veyret, Father, arrival, i. 326; at 

Ind. execution, ii. 99. 
Victor, Mrs Francis F., works of, i. 

406, 757-8; ii. 692; biog., i. 757. 



INDEX. 



805 



Victoria, H. B. Co. s post estab., i. 598. 

All lard, Henry, biog. of, ii. 746; dona 
tion to school fund, 750. 

Vincent, But Lieut Col A. 0., at Ft 
Vancouver, ii. 532. 

Voters, qualification of, ii. 265-8. 

w 

Wagoner, I. B., express rider, ii. 379, 

Wagner, Joseph, killed by Inds, ii. 
395. 

Wagons, first across the plains, 242. 

Waiilatpu, miss, built, i. 136, 330; 
immigrants at, 261; Cay use attack, 
268, 333; described, 337-8; aban 
doned, 341, 348; white people at, 
647-8; negotiations for sale, 657. 

Wait, A. E., editor, i. 575; in charge 
of commisary dep t, 705; signs 
memorial, ii. 127; of H. of rep., 
158, 296, 432; mem. of council, 
429, 434; nominated to congress, 
638. 

Waldo, Daniel, mem. P. L. L. C., i. 
297; leader of St Clair Co.,. 393; 
biog., and bibliog, 403; mem. prov. 
gov t, 428; dist. judge, 496; county 
treasurer, 612; joins Cal. exped., 
679; R. R. commis r, ii. 696. 

Waldo, Joseph, biog., i. 572. 

Walker, Mrs, missionary, i. 137-8. 

Walker, Courtney M., miss, exped. i. 
59; character, 60; clerk, 80, 501. 
at Ft William, 92; Ft Hall, 229; 
pros, att y, ii. 79. 

Walker, E., missionary, i. 137-8. 

Walker, Capt. J. H., exped. of, ii. 
518; com d at Camp Smith, 532. 

Walker, Joel P., life, i. 240; goes to 
Cal., 249; judge, 496. 

Walker, Samuel, biog., i. 469. 

Walker, W. T., expedt. of, ii. 305. 

Walla Walla, see Ft Walla Walla. 

Walla Wallas, movements, 1845, i. 
286; baptized, 317; cruelty, 645; 
at council, 1855, ii. 361-6; treaty 
with, 366. 

Walla Walla valley, fertility, i. 338; 
military posts in, ii. 460; opening 
of, 461. 

Wallace, at Clatsop mission, i. 185-6. 

Wallace and wife, drowned at Little 
Dalles, 1838, i. 316. 

Wallace, Leander C., killed, ii. 67. 

Walker, Rev. A. F., missionary, i. 
177; at Dalles, 190. 

Waller, Jane L., biog., i. 632. 

Wallen, road expedt., ii. 463-5. 

Walling, I., supports Gov. Lane, ii. 
93. 



Walker, Rev. A. F., dispute at Will 
amette falls, 204-18; Or. city dis 
pute, 223-4; death, 225; vs. Blau- 
chet, 320-1; refuses aid immigran 
515; university trustee, ii. 299; 
Meth. preacher, 677. 

Wallowa county, organized, ii. 757-8. 

Walpole, ship, ii. 48. 

Walter, E. L., biog., i. 528. 

Wampole, Elias, Ind. agent, ii. 207. 

Wands, M. B., marries Gov. Gaines, 
ii. 159. 

Ward, Alex., massacre of party, ii. 343. 

Ware, Miss M. T., missionary, i. 177; 
marries D. Lee, 183. 

Warner, Lorenzo, killed by Inds., ii. 
395. 

Warre, J. M., road making, 1846, i. 
558. 

Warren, Henry, at Vancouver, i. 500; 
biog., 632; of H. of rep., ii. 664; 
receiver of land office, 670; college 
trustee, 684. 

Warren, R. K., biog. of, ii. 765. 

Wasco, steamer, ii. 480. 

Wasco co. , organized, ii. 253; hist., 724. 

Washington co ty, hist, of, ii. 725. 

Washougal, settlement, i. 458-9. 

Waters, James, assists immigrants, 
i. 410, 452; explor. party, 531; col 
Or. army, 732. 

Watkins, W. H., of const, conven 
tion, ii. 423; of Or. medical college, 
691. 

Watson, Lt, death of, ii. 498. 

Watson, John, stabbing affair, ii. 37. 

Watson, Keziah, death, i. 469. 

Watson, Mrs Mary, biog., i. 628. 

Watt, Ahio, biog., i. 754; supports 
Gov. Lane, ii. 93; trustee Or. acad 
emy, 167. 

Watt, Joseph, mem. P. L. L. C., i. 
297; biog. bibliog., 452, 468. 

Watts, John W., of const, convention, 
ii. 423. 

Waunch, George, explores Puget 
Sound, i. 463-4. 

Waymire, Fred., mem. of council, ii. 
142, 158, 296; biog., 142; enroll 
officer, 399; of H. of rep., 413, 668; 
const, convention, 423; senator, , 
432, school trustee, 678; R. R. 
commis r, 696. 

Waymire, John, lieut immigrant co., 
i. 509; exped. of, ii. 496. 

Wrb-foot, origin, ii. 40. 

Welch, Presley, capt. of immigrant 
CO., i. 509; runs for Gov., 61-. 

Wertz, Franklin, biog. of, ii. 713. 

West, John, founded town, ii. 225. 



806 



INDEX 



Welaptulekt, Des Chutes chief, 
friendly, i. 709. 

Welch, Henry C., biog., i. 527. 

"Western, Lieut Chas B., com d at 
Camp Logan, ii. 532. 

Weoton, emigrant rendezvous, i. 448. 

Weston, David, biog., i. 265. 

Westport, founded, ii. 252. 

Whale fishery, value, 1822, i. 353. 

Whaleshead, Ind. attack at, ii. 393, 
395. 

Wharton, Capt. I. S., com d at Fort 
Colville, ii. 531. 

Whately, shot by Indians, i. 561. 

Wheat, yield, 1888, ii. 758. 

Wheaton, in com d at Klamath, ii. 573; 
acts in Modoc war, 584-94; relieved, 
595; restored to com d, 624. 

Wheelock, O., favors new ter. scheme, 
ii. 255. 

Whidby island, in Puget Sound, i. 
464. 

Whitcomb, J. L., at Willamette Is., 
i. 157; leaves miss., 190; marries, 
190. 

White, Bartholomew, biog., i. 468. 

White, Elijah, character, i. 155; at 
Ft Vancouver, 156. Willamette 
miss, 157-60; son drowned, 178; at 
Ft Umpqua, 193; quarrel with Lee, 
196-7; opposes Shorter s petition, 
210; dispute Willamette Falls, 223; 
in Washington, 254, 483; Ind. 
agent, 255, 262-3, 369; immigra 
tion efforts, 255-62; meeting with 
Tublette, 257; reception in Or., 
262-4; importance of party, 264-5; 
admin, of Ind. affairs, -265-91; H. 
B. Co. transactions, 276; leaves 
Nez Perees, 280; acts against li 
quor dealers, 281; trial of, 283; 
gov t drafts, 288; biog., 288-91, 
487; feeling against, 296; mem. for 
col gov t, 301; explores for route, 
484-5. 

White, James, in Ind. expecl. , ii. 240; 
killed on the Gazelle, 340. 

White, Susan Bowles, biog., i. 627. 

Whitaker, John, of H. of rep., ii. 

429, 666, 668, 671; elected gov., 

, 431, 432; biog., 431; resignation 

asked, 457; mem. to congress, 639, 

675. 

Whitley, Samuel, biog., i. 633. 

Whitman, Dr M., travels, i. 105-9, 
124-35; character. 105-7; as sur 
geon, 107-8; journey to Fort Van 
couver, 124-35; at Waulatpu, 136; 
buys the Dalles miss., 224; treat 
ment of the emigrants, 261, 398-406. 



Whitman, Dr M., the insults to, 
330-4; his educational methods, 
338-9; asks reenf or cement, 340; 
miss, to U. S., 342-5; treatment of 
Inds, 344; difficulties, 345-8; ex 
pects outbreak, 643-4; obstinacy, 
644-5; visits Dalles, 646; attend 
ing sick, 656-7; murder of, 659. 

Whitman, Airs character, i. 125; 
journey to Ft Vancouver, 125-35; 
at Waiilatpu, 136; insulted, 268; 
murder of, 660. 

Whitman massacre, 1847, i. 639-68. 

Whitman, Perrin B., at Dalles, i. 
644, 667. 

Whitmore, Brice, in Ind. expedt., ii. 
313. 

Whitney, William, biog., i. 634; left 
for Cal., ii. 47. 

Whiton, bark, i. 620. 

Whittle, interpreter, ii. 598, 599. 

Whitted, Thos, of const, convention, 
ii. 423. 

Wilbur, James H., university trustee, 
ii. 299; peace commis r, 596; nomi 
nated U. S. senator, 639; Meth. 
preacher, 677. 

Wilcox, Ralph, legislator, ii. 58, 59, 
142, 158, 323, 638; biog., 59. 

Wilkes, Lt, expedt., i. 246-9; views 
on gov t, 295. 

Wilkinson, Capt. C. M., founds Ind. 
school, ii. 690. 

Wilkinson, Joseph, killed by Inds., 
ii. 395. 

Willamette, name, i. 72. 

Willamette cattle co., purpose, i. 141; 
southern trip, 142-50; attacked by 
Inds., 148-9; end of, 179. 

Willamette falls, dispute over, i. 203. 

Willamette mission, built, i. 64-5, 
78-80; work at, 81-9, 154-63, 178- 
9, 190; arrival of missionaries, 
154, 161; hospital, 162; importance, 
163; farming plan, 163; failure, 
182; converts at, 178-9; quarrels 
at, 196-8; deaths, 201; sold, 221-2; 
Blanchet s endeavors, 318-19. 

Willamette river, land grants, i. 375; 
ferry, 440, 443; navigation of, ii. 
256; bridged, 746-7. 

Willamette university, origin, i. 222. 

Willamette valley, configuration, i. 
1-2; settlers, 15-17, 66, 73-7, 251, 
252, 465; missionaries in, 63-7; 
cattle introduced, 139-50. 

Willamette Valley, Farnham s ob 
servations, 231 ; White s party in, 
262; visited by Park, 498-9; dam 
ages from freshets, ii. 64., 



INDEX. 



807 



Willamette Val. R. R. Co., charter 

granted, ii. 696. 
* William & Ann, ship, i. 40-1. 
Williams, attacked by Inds, ii. 199- 

201. 
\\~illiams, Mr, drowned at Seattle 

Falls, 1838, i. 316. 

Williams, B., with cattle co., i, 145. 
Williams, Geo. H., of supreme court, 

i. 251; chief justice, ii. 306; biog., 

307; appeal against slavery, 422; 

of const, convention, 423; U. S. 

senator, 444, 639, 667; U. S. att y 

gen., 68; school trustee, 685. 
Williams, James S., in survey exped., 

ii. 190. 
Williams, Capt. L. L., exped. of, ii. 

514. 

Williams, R., attack on Inds, ii. 318. 
Williams, R. L. , capt. of vols, ii. 

379, 387; resigns, 400. 
Williams, Rich., elected to congress, 

ii. 675. 

Williams, Lieut, surveyed road, 201. 
Williamson, Henry, dispute with Mc- 

Loughlin, i. 458-60; wounded, 624; 

left for CaL, ii. 47. 
Williamson, John, biog., i. 569. 
Willow creek, Iiid. outrages at, ii, 

565. 
Willson, Mrs C. A. C., teacher, Che- 

meketa plain, i. 222. 
Wilbon, W. H., character, i. 155-6; 

at Willamette miss., 160, 162; Nis- 

qually miss., 188; sec. of con., 303; 

mill race, 440; pres. of bench, 496; 

loan comm r, 676; of Or. Exchange 

co., ii. 54; R. R. comm r, 696. 
Wilson, Miss, murder of, ii. 377. 
Wilson, John, biog., i. 637. 
Wilson, John, biog., ii, 766. 
Wilson, Joseph G., clerk of supreme 

court, ii. 443; nominated pros. 

att y, 638; dist judge, 670; elected 

to congress, 674; biog., 674. 
Wilson, Mathew, murder of, ii. 523. 
Wilson, Simpson, biog. of, ii. 714. 
Wimple, Adam E. , execution of, ii. 156. 
Winchester, county seat, laid out, ii. 

183. 

Winchester, Heman, in explor. ex 
ped., ii. 176. 
Wind river, discussion as to site of 

military post, i. 376. 
Winslow, George, negro, i. 275; 

quarrel with Cockstock, 282. 
Winthrop, anti slavery bill, i. 389. 
Witner, John, murder of, ii. 523. 
Wolcott, brig., ii. 48. 
Wood, H., with Cattle co,, i, 145. 



Wood, C., with Farnham s exped., 
27. 

Wood, J., with Farnham s exped., 
227. 

Woodbury, in explor. exped., ii. 17fi. 

Woodcock, Richard, Capt. immigra 
tion 1844, i. 449. 

Woodhull, David, killed on the Ga 
zelle, ii. 340. 

Woodman, Calvin, murder of, ii. 239. 
Woodward, Hy. H., in explor. ex- 

peMt., ii. 176. 
Woodvvorth, C., killed on the 

Gazelle, ii. 340. 
Woodworth, Selim E., dispatches, i. 

589-90. 
Woods, Geo. L., promulgates rep. 

doctns, ii. 418; expedt. of, 479; 

attitude, 526; Presid t elector, 667; 

elected gov. , 668; Or. Cent. R. R,, 

698, 699. 

Woods, Margaret McBride, biog. , i. 628. 
Wool, clip of 1887, ii. 758. 
Wool, Gen., commiss. on Ind. affairs, 

ii. 344-5; campaign of, 401-2; re 
moved, 460. 

Woollen mills, i. 468; ii. 338, 732. 
Wooten, Serg t, in Modoc war, ii. 

613. 
Worth, I. Q. A., representative, 1860, 

ii. 452. 
Wren, Charles, attacked by Inds, 

68. 
Wright, Ben, in Ind. expedt., ii. 240. 

Ind. agent, 391, 392; death, 394, 

395. 
Wright, Col Geo., at The Dalles, ii. 

460; expedt. of, 461; in comd. Or. 

dist, 488; removed to CaL, 490. 
Wright, Rob t in Ind. expedt., ii. 

313. 
Wright, Lt Thos F., in Modoc war, 

killed, ii. 620-2; biog., 623. 
Wrisley John B., biog. of, ii. 713. 
Wyeth, N. J., builds Ft Hall, i. 14, 

63; builds Ft William, 15; expedt. 

to Columbia, 59-70; purpose in Or., 

70; meets Parker, 111, 115; meets 

missionaries, 131-2; Or. memoir., 

373 
Wygant, Mrs T., i. 37. 



X 



Xavier, St Francis, naming, 1839, L 
318. 

Y 

Yakirna, military post, ii. 460; growth 
of, 757. 



808 



INDEX. 



Yakimas, Oblate fathers among, i. 
328; miss, to, 654; visit commis 
sioners, 707-8; desirous of peace, 
709; at council, ii. 361-6; treaty 
with, 366. 

Yamhill, name, i. 72. 

Yamhill co ty, hist, of, ii. 725, 726. 

Yamhill, district boundary, i. 310. 

Yamhill river, bridge over, ii. 257. 

Yantis, I. L., Presb. minister, ii. 
681. 

Yaquina bay, explored, ii. 203. 

Yarnel, Jeremiah, claim of, ii. 321. 

Yellow serpent, see Peupeumoxmox. 

Yonccalla, meaning, i. 568-9. 

Young bay, see Meriweather bay. 

Young, Elam, escaped massacre, i. 
662. 

Young, Ewing, arrival, i. 70, 89. 

Young, I., del. to convention, 1857, 
ii. 418. 



Young, Ewing, adventures, 89-90; 
bad report of, 90-1; relation Hud 
son Bay Co., 91-9; settlers in 
Chehalem val., 92; treatment of 
Inds., 95; leaves, 102-3; cattle 
transactions, 139-51; property of, 
151-2; death, 292-3; estate, 439-40. 

York, J. W., Indian mission, i. 55. 

Young, Joaquin, claims property, i. 
151-2. 

Younger, Wm, attacked by Inds. , ii. 
534. 

Yreka, Modocs employed at, ii. 536.9 



Ziebek, John S., surveyor gen., 1856- 

9, ii. 295. 

Zumwalt, Andrew, biog., i. 570. 
Zumwalt, Elizabeth, biog., i. 570.