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1822520
RHYNOLDF H!c;TORICA11
GENEALOGY COLLECTTOK
ALLEN COUNTY PUBLIC LIBRARY
3 1833 01151 3063
HISTORY
OF THE
PACIFIC NORTHWEST:
Oregon and Washington
EMBRACING AN ACCOUNT OF THE ORIGINAL DISCOVERIES ON THE PACIFIC COAST OF
NORTH AMERICA, AND A DESCRIPTION OF THE CONOUEvST, SETTLEMENT AND
SUBJUGATION OF THE VAST COUNTRY INCLUDED IN THE
Original Territory of Oregon
ALSO INTERESTING BIOGRAPHIES OF THE EARLIEST SETTLERS AND
MORE PROMINENT MEN AND WOMEN OF THE
Pacific xNortiiwest
INCLUDING A STATISTICAL AND GRAPHIC DESCRIPTION OF THE CLIMATE, SOIL, PRODUCTIONS,
INDUSTRIES, IMPROVEMENTS AND OCCUPATIONS, AS WELL AS THE NATURAL ADVANTAGES
AND RESOURCES AND ARTIFICIAL ACQUIREMENTS OF THE GREAT STATES OF
Oregon and Washington
6:c •
W ^4 VOLUME I-18S9
^
COMPILED ASD PUBLISHED BY THE
North Pacific History Company
OF PORTLAND, OREGON
Entered according to Act of Congress, in the year iS8g, by the
NORTH PACIFIC HISTORY COMPANY,
OF PORTLAND, OREGON
being a private corporation nnder the laws of the .State of Oregon),
in the office of the Librarian of Congress, at Wasliington.
PRESSjOK
H. 6. CROCKER & CO.
San Francisco.
1822520
.■^^--.^«'
PREFACE
PRIOR to 1776 (if the piratical cruises of Drake and Cavendish in the sixteenth
century be disregarded), the exploration of the Paciiic coast of North America had
been confined to Spanish and Russian voyages. From Mexico to Prince William's
Sound, sixty-one degrees north latitude, the coast was explored by Spanish navigators.
Russians operating from Kamtchatkan ports discovered and made settlements between
sixty-six degrees and fifty-four degrees forty minutes north latitude.
In 1776, Captain James Cook arrived upon the northwest coast. The order to
examine the coast of New Albion (the name conferred by Sir Francis Drake) was
embraced in his instructions by the British Admiralty. After Cook's voyage, English
explorations followed in the latitude of what is now Washington. Upon the United States
of America entering upon its career as a nation, it became an important factor in North
Pacific discovery, commerce and .settlement. The territorial claims asserted by the United
States and Great Britain were based upon voyages to, or examinations of, the coast north of
latitude fortj'-tvvo degrees north, and the south line of Russian claim, fifty-four degrees
forty minutes north latitude. A vast extent of coast bounded south by the north line
of the Spanish department of California, and north by the south line of Russian
America, or to speak more accurately, by the south line of Russian discoveries and
establishments, was hedged in between forty-two degrees and fifty-four degrees forty
minutes by Spain on the south and Russian America on the northwest.
Early in the present century, the territory fronted by such coast, eastward to the
Rocky Mountains, became known as Oregon.
The sovereignty of this region long continued in dispute between three of the great
powers of the earth, — the claim of each nation respectively resting upon the value,
in a political point of view, to be ascribed to those voyages, expeditions and acts of
settlement.
The region was frequently called " the territory westward of the Stony Mountains."
Within it were included the present States of Oregon, Washington and Montana, west
of the Rocky Mountains, and the territory of Idaho, together with the province of British
Columbia. The claim to the sovereignty of the territory so long and so notably waged
occasioned what is historically and politically termed the OREGON Controversy.
It must be apparent that an intelligible history of this region must chronicle the
various stages of transition from Indian territory, from a fur-bearing region, into states
of the American Union.
In such recital, sufficient details are requisite to illustrate how the coast became
dedicated to settlement, and how it became impressed with national characteristics. Thus
will be traced the antecedents of Oregon, what that historic name comprehends, how
IV PREFACE.
the territory acquired tlie area and boundaries as indicated on the map of the world,
and the steps towards recognition as a part of the United States. Naturally following
is the recounting of those struggles incident to the attainment of present importance, —
in short, the presentation of the Oregon of history, the exhibition of its process
of molding, keeping pace with the region as it has advanced to Americanization and
enlightenment.
Oregon, north and east of the Columbia river, for several years all embraced in
Washington, that particular historic area which for a long period included the territory
which was the real contention between the United States and Great Britain, will receive
its due share of notice.
Nor could Washington, Idaho or Montana history be written, ignoring their Oregon
antecedents and their true significance. Such a work would be analogous to tracing the
biography of an illustrious personage without knowledge of his parentage, his youth,
his manhood, of those circumstances which constituted his very being, his individuality,
and gave to his life its characteristics.
To chronicle those agencies, to appreciate the factors which rendered this interesting
region notable in the world's annals, — in fine, to secure a comprehensive historic view of
that part of Northwest America included within what was formerly and first called
Oregon, — actuate this work.
It is, however, just to the North Pacific History Company, under whose auspices this
book is published, that further explanation should be made as to how they became the
sponsors of its publication.
In the spring of iSSS, Multnomah Camp, No. 2, Indian War Veterans of Oregon and
Washington, pursuant to a resolution passed, appointed a committee for the purpose of
collecting and publishing reliable articles upon the several Indian wars, as also the history
of the early settlements of Oregon. The first plan was to secure, from parties resident
in the several divisions of the territory, historic contributions as to their respective
localities. Speciall}^ it was rather limited to chronicling the struggles of the white
settlers with the aborigines, and the incidents of pioneer life. After thorough
consideration, it became apparent that b}- such scheme, however full of interest, the
result desired could not be obtained ; that anything short of a sufficiently presented
historic notice of the early explorations and settlement of the region, of the different
and necessai-ily adverse elements of its pioneer population, would not carr}' out the
intention of the proposed enterprise.
The intercourse of immigrants or American settlers with and influence over the
native population would serve to illustrate the situation of Oregon's pioneers. A history
of the region was regarded essential to exhibit the relation of the native population to the
white races who migrated to Oregon to occupy and settle the territory.
The motive of the Indian War X'eterans was not only self-justification. They were
also animated with the patriotic desire to vindicate the territorial authorities of Oregon
and Washington, and the volunteers who gallantly' took up arms and successfully
defended that people who had been abandoned by the government, which had invited
their presence here to Americanize and hold the region. It soon became manifest that
the condition of affairs in Oregon, at the time it was organized as an United States
territory, could not be appreciated without a preliminary history of. its exploration and
occupancy, showing the advent of the white races within its borders, and their respective
modes of dealing or intercourse with the native population. That detail will demonstrate
PREFACE. V
that the struggles with a perfidious race cannot justly be attributed to the Oregon
pioneers. The conflict was but the logical sequence of those acts and of his presence
here. The belief is fully warranted that it would have been avoided had the national
government performed a duty it obligated itself to perform by encouraging American
settlement in the territory.
History will also demonstrate that so much of Oregon as was not surrendered to
Great Britain by the Treaty of June 15. 1846, was saved through the presence and
instrumentality of the American settlers of Oregon. It will equally establish that the
people who settled in Oregon, and who Americanized it, were patriotic, patient and
eminently considerate and kind to the aborigines; and that the conflicts between the
natives and settlers were not occasioned by any provocation given by the latter, beyond
the isolated fact that their presence was an offense in the eye of the Indian, who, quick to
observe, took advantage of the neglect of the government to protect the settler, and
attempted to exterminate the American race in that region.
History was required to supply the picture of the surroundings of the Oregon pioneer.
And now, after a full generation, in which these country-savers, these state-builders, have
been under a cloud, denounced as barbarians and robbers of the national treasury, their
single offense being that, in the hour of desolation and doubt, they prevented the American
settlements of Oregon from being wiped out forever, the great fact still remains that that
government, which ignored their presence in the territory, which profited by their services
in the field, still repudiates the full pa3'meut of the debt so justly their due. These men,
these veterans, now deem it a simple act of justice, to themselves and to their children,
to publish a history which maj^ serve also to illustrate the value and importance of the
region they fought to save to the country, humanity and the American occupants. And
they have also deemed it eminently proper to present a picture of the region now, which
in the past was the scene of those historic details and their sacrifices.
A history of the territory embraced within the classic name of Oregon will constitute
the first volume. It will aim to illustrate those struggles and vicissitudes by which
American states and commonwealths are created. A second volume will afford the
illustration of a progress which is the complete justification of every effort put forward
by the Oregon pioneers : I. To wrest by American settlement the Oregon of history from
its British occupancy ; II. To subdue and dedicate it to American civilization.
How those resolves have been performed by the Oregon pioneer will, as we believe,
truthfully appear in the following pages.
Elwood Evans.
GENERAL DIVISIONS
HISTORY OF THE PACIFIC NORTHWEST
Oregon and Washington.
VOLUME I .
Part I.
Voyages of Discovery to the Pacific Coast —Voyages to Northwest America — Trading Enterprises
and Settlements upon which Acts, Claim to the Coasts and Territory' Originated, or was Asserted by
Spain, Russia, Great Britain and the United States — The Limits of the Territory Called Oregon
Ascertained. By Hon. Elwood Evans ; Chapter's i to i6.
Part II.
The Oregon Controversy, or the International Conflict as to the Sovereignty of the Territory
Westward of the Rocky or Stony Mountains. By Hon. El wood Evans: Chapters 17 to 20.
Part III.
The Settlement and Americanization of Oregon down to its Organization as a Territory- of the
United States. By Hon. Elwood Evans: Chapters 21 to 35.
Part IV.
Oregon Hi.story, together with the Current Contemporaneous History of Washington, down to the
Admission of Oregon as a State, including the Local Hi.story of Southern Oregon by Colonel L. F.
Mosher. By Hon. Elwood Evans: Chapters 36, 37, 38, 39, 49, 50, 51, 52, 53, 54, 55 and 56.
By Colonel L. F. Mosher: Chapters 40, 41, 42, 43, 44, 45, 46, 47, 48 and 57.
VOLUME II.
Part V.
Historic Summary of the Several States and Territories West of the Rocky Mountains and North
of Forty-two Degrees North Latitude, from the Admission of Oregon as a State to the year 1889, the
date of the Admis.sion of the States of Washington and Montana. B\- Hon. Elwood Evans : Chapters
S8 and 59.
^ , Part VI.
A Graphic Account of the Religions or Mythology of the Indians of the Pacific Northwest, including
a History of their Superstitions, Marriage Customs, Moral Ideas and Domestic Relations, and their
Conception of a Future State, and the Re-habilinient of the Dead. By Dr. G. P. Kuykendall : Chapter
60.
Part VII.
The Pacific Northwest as it is To-day — Its Physical Aspects, Industries, Vast Natural Resources
and Paramount Advantages. By Prof W. H. Lyman : Chapters 61 and 62.
Part VIII.
Interesting Biographies and- Personal Remini.scences of Pioneer Settlers and More Prominent Men
and Women of the Pacific Northwest. By Learned and Entertaining Writers.
Contents of Volume I.
INTRODUCTORY.
To Discover a Sea-path from Europe to India, the lucentive of Pacific Coast Exploration — Voyages, whether
Eastward or Westward from Europe, alike and necessarily Precursors of the Discovery of Northwest America —
Reputed Discoveries by the Cabots and Cortereal — The Strait of Anian Myth — Fictitious Narratives of
Pretended Voyages of Maldonado, de Fuca and de Fonte Stinuilated North Pacific Exploration i
CHAPTER I.
(1513-1543-)
Balboa Crosses the Continent and Discovers the Pacific Ocean — Pioneer Explorations on the West Coast of North
America, Adjacent to the Isthmus and Working Northward — Magellan Passes Through the Strait which Bears
his Name, Enters and Nominates the Pacific Ocean — Cortez Discovers and Subjugates Mexico — Voyages of
Mendoza, Grijalva, Becarra, UUoa, Alarcon, Cabrillo and Ferrelo on the West Coast of America — The Pacific
Coast Examined from Panama Northward to Cape Mendocino ji
CHAPTER II.
(1556-1603.)
Spain Conquers the Philippine Islands — Urdaneta's Returu Voyages Eastward from Manilla to .\capulco — Commercial
Voyages Between Manilla and Mexico — Voyages of Francisco de CVali — Cruise of Sir Francis Drake — Takes
Possession, Calling the Coast New Albion — Voyages of Thomas Cavendish — Voyages of Vizcaino — Cruise
of Martin de Agiiilar — Change of Maritime Policy of Spain 16
CHAPTER III.
(1613-1779.)
Cape Horn Discovered by the Dutch — Theories for Effecting Direct Communication Between the Atlantic and Pacific
Oceans, or Between Western Europe and the East Indies — Russiau and Siberian Voyages in the North Pacific,
and Discoveries on the Northwest Coast of America 20
CHAPTER IV.
(1683- 1 770.)
Spanish Settlements on the Coast of California — Jesuit Missionary Conquest of Lower California — E.xpulsiou of the
Jesuits by Charles III. — The Franciscans Establish Missions in Upper California — Inland Discovery and
Settlement of San Diego, San Francisco and Monterey — California a Department of Spain, its Northern
Boundary Undefined " 27
CHAPTER V.
(1774-1779-)
Renewal of Spanish Exploration on the North Pacific — Voyages of Perez, Heceta, Bodega and Arteaga ^r
CHAPTER VI.
(1 776-1 779.)
Great Britain Turns .Attention to Discoveries on the Northwest Coast of .\nierica — Voyages of Captain James Cook —
British .Assertion of Claim to Discovery by Sir Francis Drake of New Albion — Captain Cook Denies Existence
of Strait of Fuca — Murder of Captain Cook, Succeeded in Command by Captain Clerke — Death of Captain
Clerke — Lieutenant Gore, a Native of Virginia, in Command — Sails to China with Collection of Furs —
Growing Importance of Fur and East India Trade 31
CHAPTER VII.
(1785-1796-)
The Nootka Treaty Between Spain and Great Britain, and the Events Culminating Therein — Nootka Sound the
Resort for Vessels Engaging in the Fur Trade — The King George's Sound Company — Voyages of Portlock
and Dixon — The Latter Discovers the Channel Separating Queen Charlotte's Island from' the Continent —
Meares and Tipping on Northwest Coast Under Licen.se of East India Company — Voyages of Meares Under
Portuguese Flag — Makes Settlement at Nootka, and Builds Schooner Xorthieesi America — Arrival at Nootka
of American Vessels IVashingloii and Columbia — Martinez Seizes Iphigenia and Noitlru'cst America — .Arrival
of Piiiicess Royal and Argonaut — Martinez Seizes Them — Difficulties Between Spain and Great Britain —
The Nootka Treaty, or Convention of the Escurial — .Arrival at Nootka Sound of Captain Vancouver, British
Commissioner, to Receive Restitution of Property of British Subjects — Unsuccessful Negotiations Between
Senor Quadra and Vancouver — Final Restitution to British Subjects of Seized Property — Spain and Great
Britain .■\bandon Nootka Sound 30
viii CONTENTS OF X'OLUME I.
CHAPTER VIII.
(1787-1792.)
Strait of Juan de Fuca Discovered — Examinatious of Strait by Meares, Gray, Keudrick and Spanish Navigators —
Vancouver's Survey of Strait, Admiralty Inlet, Puget Sound and Gulf of Georgia — Discovery of Columbia
River — Trade of North Pacific Coast Exclusively Enjoyed by American Vessels — Tragic Fate of Crew of Ship
Boston — National Character Ascribed to Several Portions of North Pacific Coast — Termination of Coastwise
Voyages of Discovery — Coast Between Forty-three and Fifty-five Degrees Latitude Claimed by Spain, Great
Britain and United States 49
CHAPTER IX.
(1 766-1 793.)
First Rumors as to Existence of Rocky Mountains and Great River Beyond Flowing Westward to South Sea —
Fabulous Stories of Flennepiu, La Hontau and Others Stimulate Interior Exploration — The Verendryes, First
White Men to Explore Rocky Mountains — Story of a Vazoo Indian, the First to Traverse Continent Between
the Two Oceans, as Detailed to Le Page — Origin of the Name Oregon — Journal of Captain Jonathan Carver —
Indian Idea of Interior of North .America — Indian Knowledge of Great Rivers Rising in Interior of North
America — Their Stories .\bout the Great River of the West — That the Word Oregon is of Spanish Origin,
Inconsistent with Carver's Use of It, nor is It an Indian Name — Overland Exploration Inaugurated in
Prosecution of Inland Fur Trade — North West Company — Two Expeditions of Alexander Mackenzie — First
Party of White Men Cross Rocky Mountains and Reach the Pacific Ocean 57
CHAPTER X.
(1792-1810. )
Western Linuts of the United States of America — Purchase of Louisiana — Abortive Projects for Northwestern
Exploration — Expedition of Lewis and Clark to the Slouth of the Columbia River — The North West
Company Establishes a Trading Post West of the Rocky Mountains — The Missouri Fur Company —
Commercial Enterprises of Citizens of the United States in Northwest America — Captain Winship, in the
Albatross, Attempts an Establishment at Oak Point, on the Columbia River 67
CHAPTER XI.
(1810-1818.)
John Jacob .■Vstor Organizes the Pacific Fur Compau}- — Intriguing Policy of the North West Company — Treacherous
Conduct of Mr. Astor's Partners — Parties Sent by Sea and Overland to the Mouth of the Columbia River —
Founding of Astoria — Loss of the Ship Tonqtiin — Launch of the Schooner J)olly, the First United States
Vessel Built on the Pacific Coast — Pacific Fur Company Dissolved by British Partners — Transfer of Astor's
Stock and Establishment to North West Company — The British Sloop-of-War Raccoon Captures Astoria —
Name Changed to Fort George — End of Pacific Fur Company — .\merican Employes Leave the Country —
British Enter North West Company's Service — Restoration of Astoria Under Treaty of Ghent 76
CHAPTER XII.
(1S14-1824.)
The North West Company Exclusive Occupants of the Territory West of the Rocky Mountains — .\ntecedent History
and Policy of Said Company — Rivalry and Open Hostility Between the North West and Hudson's Bay ■
Companies — .\djuslment of the Differences by a Partnership in Fur Trade Prosecuted Under Charter of
Hudson's Bay Company — License of Exclusive Trade Extending to the Pacific Ocean Granted by the British
Government — The Hudson's Bay Company Succeed to All Rights Under Said License — Tlie North West
Company Merged Into the Hudson's Bay Company 89
CHAPTER XIII.
(1824-1S46.)
The Hudson's Bay Company the Exclusive Occupants of Oregon — Charter of the Company — License of Trade —
Internal Organization — Employes and Their Distribution 95
CHAPTER XIV.
The Hudson's Bay Company Secures a New License of Trade, May 31, 1S38 — Its System of Trade 99
CHAPTER XV.
(1S38-1846.)
Political Mission of Hudson's Bay Comjiany in Oregon, to Strengthen British Claim — Their Establishments —
Gradual .Vbandonment of Posts, and Contraction of Operations — The Puget Sound Agricultural Company —
Its Objects and Plan of Operations ' . . 103
CHAPTER XVI.
(1823-1S36.)
American Trading FCnterprises in the Territory West of the Rocky Mountains — Expedition of William H. Ashlev —
Jackson, Sublette and Smith l-"orm the Rocky Mountain Fur Company — American Trading Vessels in the
Columbia River — Wagons Brought to the Rocky Mountains — South Pass — Pilcher's Expeditions — First
Overland Expedition, Captain Wyeth, to Columbia River — First School West of the Rocky Jlountains —
Captain Bonneville's E.xpedition — Captain Wycth's Second Enterprise — He Establishes Forts Hall and
Williams - iii
CONTENTS OF VOLUME I. IX
CHAPTER XVII.
(1807-1827.)
Conflicting Claims to Northwestern Coast of America — Abortive Efforts to Settle the Boundary of Respective
Possessions — Capture and Surrender of Astoria — Convention of iSiS — United States Acquires the Spanish
Claim by Florida Treaty — Russia Limited to Making Settlements Northward of Fifty-four Degrees, Forty
Minutes, b\- Conventions with Great Britain and United States — That Parallel Becomes the Northern Boundary
of the Oregon Territory — Great Britain and the United States the Onl}- Claimants of Oregon — Treaty of 1S27 . 120
CHAPTER XVIII.
(1820-1829.)
Proceedings in Congress Relative to Sole Occupancy of Oregon, and Extension Over It of Federal Jurisdiction —
Efforts to Establish a Territorial Government 134
CHAPTER XIX.
(1S31-1844.)
Negotiations Resumed Between Great Britain and the United States — Resume of Status of Claimants — Presidential
Election. 1S44 140
CHAPTER XX.
(1S35-1S46.)
Congressional and Executive Action — The Oregon Question an Element of American Politics — Presidential Election,
1S44 — The Treaty of Limits, June 15, 1846 149
CHAPTER XXI.
(1S36.)
Settlement of Oregon — Internal Condition of the Territory — Its Elements of Colonization- — Native Population,
Number, Distribution, Characteristics, Disposition, or Relation to the Several White Races Present 170
CHAPTER XXII.
(1821-1846.)
Hudson's Bay Compauj- Officers, Employes and Retired Servants — Biographic Sketches of Dr. John McLoughlin,
Peter Skeen Ogdeu, James Douglas and William Eraser Tolmie, Chief Factors of Hudson's Bay Company —
Notices of Alex. C. Anderson, George B. Roberts and Archibald McKinlay — Early Settlers of French Prairie —
First Settlement at Oregon Citj- 174
CHAPTER XXIII.
(Ante 1836.)
American Settlements — Personnel of Independent Residents of Oregon — First Expedition of Captain N. J. Wveth —
First School West of Rocky Mountains — Second Expedition of Captain Wyeth — Ewing Voung and Hall J.
Kelly — Immigrants of 1S35 ' 182
CHAPTER XXIV.
(1S34-1S44.)
The Oregon Methodist Mission — Visit of Flathead Indians to St. Louis, Asking Mis.sionaries — Formation of Oregon
Methodist-Episcopal Mission — Rev. Jason Lee and Associates Journey- to Oregon, 1834 — Establishment of
Mission in Willamette Valley — Schools Established at Willamette and Fort Vancouver — Missionarv Efforts to
Christianize Indians — Arrival of Dr. Elijah White, Rev. David Leslie and Others — Status of the Mission — It
Abandons the Indian Work — The Oregon Institute Founded — Prominent in Every Popular Enterprise — Rev.
Jason Lee Succeeded by Rev. George Gary — Character of the Mission Changed — Effects of Presence of
Methodist Mission in Oregon 186
CHAPTER XXV.
(.S35-184S.)
Establishment of the Oregon Mission, Under the Auspices of the American Board of Commissioners of Foreign
Missions 193
CHAPTER XXVI.
(1838-1848.)
The Roman Catholic Mission 208
CHAPTER XXVII.
(1836-1840. )
Young and Carmichael Abandon Erection of Distillery — Formation of the California Cattle Company — Visit to
Willamette by Purser Slacum, U. S. Navy, Special Agent — First Petition to Congress of J. L. Whitcom and
Others — Farnham, Holman and Others Leave Peoria, Illinois, for Oregon — Sir Edward Belcher's vSurveying
Expedition in Columbia River — Arrival of Rev. J. S. Griffiu — Missionary Party of Clark, Smith and Littlejohn
— Dr. Robert Newell Brings Wagons to Fort Walla Walla — Population of Territory at Close of 1840 214
CHAPTER XXVIII.
(1841.)
Abortive Effort to Form a Provisional Government — The United States Exploring Expedition — Captain Wilkes,
United States Navy — First Fourth of July on Puget Sound — The Red River Colony to Puget Sound 223
X CONTENTS OF VOLUME I.
CHAPTER XXIX.
(1S42.)
Appointment of Dr. White as Sub Indian Agent — Fremont's First Expedition to the South Pass — Immigration of
1S42 — Efforts Renewed to Form a Provisional Government — White's Importance as a Public Functionary-
Citizens of Tualitan Plains Combine to Protect Themselves Against Evil-doers — White's Administration of
Indian Affairs in the Interior — His Reports to the War Department 231
CHAPTER XXX.
(1S43.)
Acdtation of the Question of Formation of Government — The "Wolf Meeting" —Committee of Twelve to Report a
' ° Plan for Protection of the Settlement — The Formation of a Government and Election of Officers — First
Legislative Committee — Us Report of an Organic Law— Division of the Territory into Districts — The People
Approve the Organic Law — Boundaries of Territory 236
CHAPTER XXXI.
(IS43-)
Sad Accident Near Willamette I'alls- Departure of Immigrants of '42 for California —The "Petition of 1S43," Its
Authorship and Contents — Dr. John McLoughlin's Answer to Its Charges — Cattle Policy of the Hudson's Bay
Company— Dr. John McLoughlin's Statement as to Formation of California Cattle Company — Rev. Daniel
Lee's Statement as to Said Company — Oregon City Claim — Rev. George Gary, Superintendent of Oregon
Methodist Mission, Sells Its Propertv to Dr. McLoughlin — Section Eleven of Donation Law of September 27,
1S50 — The Immigration of 1S43 — the Cattle Contract — Fremont's Second Expedition 242
CHAPTER XXXII.
(1844-1847.)
Oregon Under the Provisional Goverunient — Indian Depredations at Willamette Falls — Death of George W. Le
Breton — Arming of Citizens for Defense — Amendment to Organic Law, 1S44 — Prohibitory Liquor Law —
First American Settlement North of the Columbia River — Oregon City Incorporated, the First Municipality
West of the Rockv :MouiUains — Incorporation of Oregon Institute — George Abernetby Elected Governor,
,y^5 Petition of Provisional Government to Congress — Visit and Report of Lieutenant Neil M. Howisou,
U. S. Navy — Wreck of the U. S. Schooner Shark — Lieutenant How^ison Presents Her Colors to the Provisional
Government — Reception of Ihe News of the Trtaly of June 15, 1846 262
CHAPTER XXXIll.
(1847-1848.)
Governer Aberiielhy's Mesvage — Resolutions to Raise a Company of Mounted Riflemen for Immediate Service at
Dalles — Citizens' Meeting — First Companv Enrolled — Legislature Authorizes Raising a Regiment — Gilliam
Elected Colonel : Other Officers — Efforts to Procure a Loan — Joel Palmer Appointed Superintendent of Indian
Affairs Peace Commission Appointed — Arrival of the Rescued Captives — Whitman Massacre — Skirmish
with Hostiles Near Dalles — Advance of Colonel Gilliam with Troops — Fight at the Steve Meek Cut-off—
Gilliam Marches for Waiilatpu— His Campaign on the Touchet— Victory Over the Palouses — Death of Colonel
Gilliam — Maxon in Command — Appeal for Provisions and Reinforcements — Lee Appointed Colonel by the
Governor, and Also Superintendent of Indian Affairs — Lee Generously Gives Place to Lieutenant-Colonel
Waters, Who is Promoted to Colonelcy — Lee Accepts Commission as Lieutenant-Colonel — March Into Nez
Perce Country — Close of Campaign — Battle of the .\biqua 277
CHAPTER XXX IV.
(1 846-1 848.)
Oregon's Struggle in Congress to Become a Territorial Government 289
CHAPTER X X X \" .
(.1848-1849.)
The Last Days of the Provisional Government — The Discovery of Gold in California — Exodus to the New Gold
pields— Coinage of Beaver Money — Last Session of the Legislature of the Provisional Government — Progress
of American Settlements on Png'et Sound — Return of Delegates Thornton and Meek — Appointees to the
Territorial Offices — The Provisional Crovernmeut Superseded by Governor Lane's Proclamation .Announcing
Organization of Territory 300
CHAPTER X X X \' I .
(1S49-1S5'.)
Census Superintendent Lane Visits Columbia River Tribes — Attack by Siioqualmies on Fort Nisqually — JIurder
of Leander C. Wallace — Hostile .\tlitude of Snoqnalmies — White Settlers Build Blockhouses — Governor
Lane Arrives at Tumwater — Judicial Districts Declared, and Judges .-Assigned — Sub Indian Agents Thornton
and Newell — Election of Samuel IV. Thurston, Delegate to Congress — fleeting of Legislature — Names of
Counties Changed — Towns in Oregon — Sub-Agent Thornton Visits Pnget Sound — Reward for Wallace's
Murderers — .\ction Disapproved bv Governor Lane — Thornton Resigns — Trial and FCxecution of the Murderers
— Arrival of Mounted Rille Regiment — Deserters to California Gold Fields — Surrender, Trial and Execution
of Murderers of the Wliitinans — Major John P. Gaines Appointed Governor — Governor Lane Resigns, to Take
Effect June iSth, and Leaves for California Mines — .\rrival of the United States Steamer MassarliuscKx —
General Adair, Collector of Customs, Astoria — Seizure of the British Ship Albion at New Dungeness — Survey
of Columbia River — Lieutenant Mc.Arthnr — The Ship Albion Condemned as a Forfeiture — Seizure and
Release of the Schooner Cadboio — Progress of Settlements on Puget Sound — Oysters Discovered at Shoalwater
Bav — United States Census, 1850 3"5
CONTENTS OF VOLUME I. XI
CHAPTER XXXVII.
(1850-1853.)
Pre-sidenl Tavlor's .Appointments of Territorial Officers — Their Arrival in the Territorj- — Mail Service and Steamers
Between San Francisco and Portland — Passage of Donation Law — Titles to Private Land Claims — Publication
of li'esteni Star, Oregonian and Oregon Statesman — 'i&i^\o\\ of Legislature, [850-51 — Building of Steamer
Lot W'hitcomb — New Counties Organized — Remodeling Judicial Districts — Location of Public Buildings —
Death of Samuel R. Thurston — Arrival of Chief Justice Nelson — The Oregon Party — Election of General
Lane as Delegate to Congress — Seat of Government Controversy — Quorum Supreme Court Jleets at Oregon
City, and Decides It to be the Seat of Government — Judge Pratt Holds Supreme Court at Salem — In a Letter
Dissents from Justices Nelson and Strong — Quorum of Legislative Assembly Meets at Salem — Session of
1851-52 — Minority at Oregon City — Thurston County Organized — President Fillmore's Official Message on
Capital Controversy — Congress Intervenes, Declares Salem the Seat of Government, and Ratifies Laws Passed
Thereat, Session 1851-52 — Extra Session of Legislature — Renewed Personal Rancor Growing Out of Decision
as to Iowa Laws in P'orce by Legislation of Provisional Government — Judge Deady's Historic Notice of
" Steamboat Code " and the "Blue Books" — Progress of Settlements North of Columbia River — Legislation
of 1852-53 — Creation of New Counties — Judicial Districts Reconstructed — Division of the Territory .... 314
CHAPTER X X X \' II I .
(1S50-1S53.)
Exclusive Reference to Historic .\cts North of the Columbia River Explained — Legislative Representation — United
States Census, 1850 — Status of Settlement North of the Columbia at That Date — Historic View of Progress of
Settlements Upon the Banks of the Columbia — Incubus to Settlement of Vancouver — Conflicting Claims to
Site — Settlements North of River, and North of Olympia — Edmund K. Starling, Indian Agent, Puget Sound
District — The Collection District of Puget Sound Established — Arrival of Revenue Officers — Disastrous
Expedition of Gold Hunters to Queen Charlotte's Island in Sloop Georgiauna — Wreck of Sloop — Passengers
Taken Captive by Hydah Indians — Ransom of Captives — Seizure of Steamer Beaver and Brig Mary Dare at
Olympia — First Term of District Court at Olympia — First Commemoration of Independence Day at Olympia —
Division of Territor}- — JNIonticello Convention — Congress Establishes the Territory of Wa.shington 333
CHAPTER XXXIX.
(1853-1859-)
•Appointments of Territorial Officers by President Pierce — Reconstruction of Judicial Districts — The Election of
General Lane to Congress — Arrival of Governor John \V. Davis — Session of Legislature, 1S53-54 — First
Attempt to Call a Constitutional Convention — George L. Curry Succeeds Governor Davis — Session of
Legislature, 1S54 — Multnomah County Established — Legislative and Congressional Proceedings as to the
Admission of Oregon as a State — Ex-Governor Gaines Nominated b}' Whigs for Delegateship — Election of
June, 1855 — General Lane Re-elected — The Constitutional Convention Defeated — Re-agitation of Location of
Capital — Session of Legislature, 1S55-56 — Counties of Curr}- and Josephine Organized — Organization of the
Republican Party in Oregon — General Lane Renominated by Democrats — The Opposition Supports George
W. Lawson, Independent Free-Soil Democrat — Election of June, 1857 — General Lane Re-elected — Large
Majority for Constitutional Convention — Session of Legislature, 1857 — Election of 1858 — L. F. Grover Elected
to Congress — State Organization — General Lane and Delazon Smith Elected United States Senators — Session
of Legislature, 1858 — Oregon Admitted as a State, February 14, 1859 350
CHAPTER XL.
(T827-1847.1
Southern Oregon — Natural Divisions — Topographical Features — Early Immigration — First Settlement — Introduction
of Cattle — Emigrant Wagon Road — Heroic Corporation — Pioneer Road Builders — Fremont's Old Camp —
Exploring Southeastern Oregon — First Immigrant Train Through Southern Oregon 36S
CHAPTER XLI.
(1S48-1850.)
Early .Argonauts — First American Settlements South of the Calapooias — A Friend of the Whites — United States
Regulars in Southern Oregon — Haifa Regiment Deserts — Fighting Their Way to the Gold Fields — Relief
for the Deserters — A Soldier for Dinner — Dogs for Supper — First Cattle in Oregon — Forcing a Treaty of
Peace — First Civilized Vessel to Enter the Umpqua River — Trying to Boom the Country — Founding of
Umpqua City, Gardiner, Scottsburg and Winchester — Organization of Umpqua County 375
CHAPTER XLII.
(1850-1851.)
Gold in Southern Oregon — Ambushed by Savages — General Phil Kearney — The Settlers' Appeal — Gallantly
Answered — The Military Worsted — Heroic Conduct — Death of Captain Stewart — Reinforcements by
Volunteers — General Jo Lane at the Front — The Indians Beaten — A Bad Appointment 381
CHAPTER X L 1 1 1 .
(1S51.)
Settlement and Organization of Umpqua County — First County Election — First Postoffices and Postmasters — Pioneer
Merchants — United States Collector of Customs — Shipping — Discover}- and Settlement of Port Orford —
Desperate Fight with Savages — Indians Become Acquainted with Cannon — Disastrous Ending of First
Settlement — Second Attempt to Settle Port Orford — Disastrous Explorations — Humane Indian Boy —
Inhuman Massacre — Savage Butchery and Cremation — The First Indian Mission — A Disgraceful Failure —
Military' Expedition — Settlement of Rogue River Valley — Discovery of Gold — Saw-mills and Grist-mills . . 389
XU CONTENTS OF VOLUME I.
CHAPTER XLIV.
(1S52.)
Douglas and Jackson Counties Created — First Election — First Court in the Southern District— Early Merchants-
Pioneer Lawyers and Doctors — Pouv Expresses and Territorial Roads — U. S. Mail Route — Gold Discovered
at Rogue River— Gaines' Futile Treaty — Marauding Indians- Volunteers Called Out — War with the Savages
— Settlers Favor a Treaty — Captain Lamerick Banqueted — Heroism of the Pioneers — The Government's
Neglect of Settlers and Volunteers — Protecting and Relieving Immigrants — Indian Ambuscades and Savage
Murders — White Women and Children Butchered — The Settlers to the Rescue — Captain Ben Wright Wreaks
Revenge — Disaster at Port Orford — Prosperity on the Umpqua — A Hard Winter 397
CHAPTER XLV.
(1S53.)
Judge Deady's First Term — The Trial of Joseph Knott — Murderous Savages — Settlers and Miners Assassinated
and Robbed — Securing Arms— Direful Fate of White Victims — Volunteers Called For to Protect the
Settlements — Heroic Response — The First Skirmish — Jackson County Appeals to the Governor of the
Territory — General Lane Besought to Help His Fellow Citizens — His Prompt Response — Nesmith and
Grover Volunteer— Indians Captured — Perfidy of Surrendered Savages — Combination of Indian Tribes to
Exterminate the Whites — Fortified at Table Rock — Pursuing the Savage Warriors— Fatal Conflicts— Genera!
Lane in the Field Ahead of His Commission —Energetic and Successful Prosecution of the War — A Pitched
Battle — Colonel Alden and General Lane Wounded — Surrender of the Indians — Flags of Honor — General
Smith's Heroic March — Treating for Peace — General Lane and Ten Unarmed Negotiators Threatened with
Base Murder — Conclusion and Terms of the Treaty — Retaliatory Depredations— Protecting the Immigrant
Trains — Fighting on the Overland Trail — Conduct of the Treaty Indians — 111 Treatment of the Volunteers
by the National Government — Pony Expresses — Mines and Mining — Other Industries — First Courts in
Jackson and Douglas Counties — Murderers Hanged — More Indians Punished — Many Settlers Assassinated by
the Savages — Discovery of Gold — The Coos Bay Company and Settlement 408
CHAPTER XLVI.
(1S54.)
Mild Weather and Prosperous Times — A New Territory Projected— Conventions Held — The Oregon Legislature —
How Roseburg Became the County vSeat — Milling Industries — Gold on the Seashore — The First Coal from
Coos Bay — Disastrous Navigation — First Newspaper in Southern Oregon — First Term of Court at Empire
City — Protection of Immigrants — Captain Walker's Volunteer Company — Serious Engagement with the
Indians — Repulsed by the Savages — Patriotism of the Volunteers 427
CHAPTER XLVII.
(1855.)
Promised Prosperity Brings Indian Wars to Southern Oregon — New Land District — Hon L. F. Mosher Appointed
Register; George W. Lawson, Receiver — Indian Depredations — The Savages Pursued: They Retreat to the
Reservation — Other Savage Murders — Volunteers Organize and Take the Field — Successful Operations —
Conduct of the Whites — A Dark and Memorable Day — The Savages Inaugurate a General War to Exterminate
the Pioneers of the Pacific Northwest — Numerous Murders — Volunteers to the Rescue — United States Troops
Take the Field — Organizations of Settlers for Defense and Protection — Inhuman and Savage Butchery of
Men, Women and Children, Murdered by the Indians — Governor Curry Calls for Volunteers — Desperate
Conflicts — The Savages Victorious — Reorganization for the War — Plan of Campaign — The Closing Events of
the Year 43'
CHAPTER XLVI II.
(1856.)
The Indian War in Southern Oregon Continued — New Year's Day Finds the Savages Committing Depredations —
Conduct of the Military and Volunteers — Major Bruce in the Field— Another Fight with the Savages —
Pursuing the Indians — The Volunteers Ambushed — Reorganization of the Militia — John Kelsay, Colonel,
and W. W. Chapman, Lieutenant-Colonel, of the New Regiment — A Flag of Truce Protects the Murderous
Savages — Renewal of the Campaign Against the Indians — Captain Poland's Company of Volunteers Surprised
and Butchered— Depredations by the Indians, and Efforts at Self-Protection by the Settlers — Treachery of
Enos — The Big Bend of Rogue River — A Great Battle at That Point — Valor of the Volunteers Saves the
Regulars from Annihilation — Surrender of the Indians — Close of the War 445
CHAPTER XLIX.
(1853-1859-)
Political and Local History of Washington as a Separate Territorial Government Until Admission of Oregon as a
State, Excluding Detailed Narrative of Indian Wars — Area of the Territory — General Features of Organic
Act — President Pierce's Appointments of Federal Officials — Census Taken by Marshal Anderson — Northern
Pacific Railroad F^xploration — Governor Stevens' Arrival — His First Proclamation — Organization of the
Territorial Government — Judicial Districts Defined by Governor — Apportionment of Territory for Legislative
Representation — First Election — Columbia Lancaster Elected Delegate to Congress — Session of F'irst
Legislative Assembly — New Counties Organized — Secretary Mason Becomes Acting Governor — Indian
Disturbances on Puget Sound — Collectors of Customs of Fort Victoria and Puget Sound Both Claim Revenue
Jurisdiction Over ,San Juan Island — Congressional Legislation for Territory — Session of Legislature, 1854-55
— Treaties with Indian Tribes — Indian Council at Walla Walla — Discovery of Gold at Fort Colvile — Murder of
Miners and Indian Agent Holon — Governor Stevens at Council with Hlackfoot Nation — Session of Legislature,
1855-56 — The People in Blockhouses — General Stagnation of Business — The Campaigns Against Indians
Ended — Session of Legislature, 1S56-57 — Organization of Republican Party in Territory — Election of 1857 —
Governor Isaac I. Stevens Elected Delegate to Congress — I'ayette McMullin Appointed Governor — The
Fraser River Excitement — Session of Legislature, 1S5S-59 — Oregon Admitted Into the Union — Enlargement
of Territorial Area by Annexation of Residue of Oregon 459
CONTENTS OF VOLUME I. XUl
CHAPTER L.
(1S55-1856.)
The Oregou-Washiugton Indian Wars — Causes, Immediate and Remote — Race Conflict for Supremacy — Agency
of the Treaties — Condition of the Territories as to Defense — Neglect of the Government to Station Sufficient
Troops — The "Ward Massacre," 1854 — Indian Outrages Precipitate the War — Murder of Bolon, Indian
Agent — Haller's Expedition to the Yakima Country — Oflicial Knowledge of the Hostile Intentions of the
Indians — Requisition of Major Rains on the Governors of Oregon and Washington for Volunteers — Response
Thereto — Governor Curry's Proclamation Calling for Ei.ght Companies — Officers and Men, First Regiment
Oregon Mounted Volunteers — Refusal of Major Rains, U. S. Army, to Furnish to Them Arms, Ammunition
and Equipments — James W. Nesmith Elected Colonel — Governor Mason Appoints Major Rains Brigadier-
General of Washington Territory 525
CHAPTER EI.
(1855-1S56.)
Condition of Washington Territory at the Time of the Outbreak — Company A, Washington Territory Volunteers,
Reports to Captain INIalouey, U. S. Army, Fort Steilacoom — Captain Maloney's Expedition Towards the
Yakima Country — Killing of Moses and Miles — Company B, Captain William Strong, Reports to Major
Rains — Uprising of Indians on the Sound — Captain Eaton's Company of Rangers — Killing of Eieutenaut
McAllister — Captain Eaton's Command Besieged — Massacre of Families on White River — War Policy
Established — Hostile Ground Defined — Battle with Hostiles on White River, Novenil)er 3d — Killing of John
Edgar — Disposition of Forces by Captain Maloney, U. S. Army — Night Attack by Hostiles — Killing of
Lieutenant William A. Slaughter, U. S. Army, and Two Corporals, by Kanaskut — The Steamer At live Cruises
near Steilacoom — Return of Governor Stevens from Blackfoot Council — Hostility of General Wool to the
People and Authorities of Oregon and Washington 540
CHAPTERLII.
(1855-1856.)
Operations on the Columbia River, and in the Yakima and Walla Walla Country — Force of Troops and Volunteers
at P'orts Vancouver and Steilacoom — Estimate of Number of Hostiles — Major Rains and Colonel Nesmith
Move into the Yakima Country — Battle of the "Two Buttes " — Colonel Nesmith's Requisition on General
Wool for Arms, etc., to Reinforce Major Chinn — Lieutenant-Colonel Kelly's March to Walla Walla — Battle
With the Walla Wallas — Death of Peu-peu-mox-mox — Colonel Nesmith Resigns — Thomas R. Cornelius
Elected his Successor — The Oregon Volunteers go into Winter Quarters at Walla Walla — Campaign in the
Yakima Country — Disbanding of the Regiment of Oregon Mounted Volunteers 550
C H A P T E R I. 1 1 1 .
(1856.)
Oregon and Washington Indian War — Governor Stevens' Operations — His Return from the Blackfoot Council — He
Addresses the Legislative Assemblj-' — Call for Volunteers — Indian Attack Upon the Town of Seattle — Arrival
of the Ninth Infantry — Governor Mason Goes to Washington City — Governor James Douglas — Patkauim
Has a Battle with Leschi's Baud — Murder of Northcraft and White — Battle of Conuell's Prairie — Indians
Becoming Demoralized — Major Hays Resigns His Command — Raid of Maxon's and Achilles' Companies Up
the Nisqually — Arrest of Wren, McLeod and Others — Habeas Corpus Proceedings — Martial Law in Pierce
and Thurston Counties — Trials by Military Commission — Discharge of Wreu, McLeod and Others — Trial of
Lieutenant-Colonel Shaw and Governor Stevens for Contempt of Court — Campaign of Lieutenant-Colonel
Shaw East of the Cascade Mountains 572
CHAPTER LIV.
(1S56.)
Campaign of the Regulars West of the Cascade Mountains — Condition of Puget Sound, December, 1855 — Pacific
Department Reinforced by the Ninth Infantry Regiment — Two Companies Ordered to Fort vSteilacoom —
Lieutenant-Colonel Casey in Command of Puget Sound District — Six Companies Ordered to Columbia River
— Colonel George Wright in Command of Columbia District — Lieutenant-Colonel Casey Establishes a
Blockhouse at Muckleshoot Prairie — Killing of Kanaskat, the Hostile Chief — Fight with Indians at the
Crossing of White River — Requisition of Lieutenant-Colonel Casey on the Governor of Washington Territory
for Two Companies of Volunteer Infantry — Governor Stevens Declines — Expeditions to Stuck Prairie, Boise
Creek and D'Wamish Lake — Expedition Under Captains Dent, Pickett and Fletcher to the Green and Cedar
River Country — Major Garnett's Command of Two Companies Ordered to Join Colonel Wright East of the
Cascades 590
CHAPTER LV.
(1856.)
Campaign of Regulars East of Cascade Mountains — General Wool's Instructions to Colonel Wright — Attack on the
Cascades — Massacre of Whites — Siege of the Bradford Store at Upper Cascades — Gallant Defense of Middle
Blockhouse by Sergeant Kelly and Eight Men — Attack on Lower Cascades — Lieutenant Phil Sheridan to the
Rescue — Trial and Execution of Indians Engaged in Cascade Massacre — Inhuman Massacre by Whites of the
Spencer Family — Kamiakin's Design in Stimulating the Uprising of Cascade Indians, and the Raid Upon the
Cascade Settlements — Peaceable Excursion of Colonel Wright Into the Yakima Country — The Indians Avoid
Him — Efforts of the Washington Territory Volunteers to Co-operate with Colonel Wright — Peace in the
Yakima Countrj- Announced — Governor Stevens' Attempt to Hold a Council with the Hostile Tribes — Terms
of the Treaty — Volunteers Attacked by the Hostiles — Steptoe Asks Governor Stevens and Volunteers to
Return and Escort Him to the I'matilla — Colonel Wright Ordered by General Wool to March Into the Walla
Walla Country — He Delivers Leschi, Ouiemuth, Kitsap, Nelson and Stehi to Governor Stevens for Trial —
Treaty of Peace with the Hostiles — General Wool Announces the War at an End in Oregon and Washington . 596
XIV ■ CONTENTS OF VOLUME I.
C H A P T E R L V I .
{1858.)
Campaign of General Clarke and Colonel Wright, in the Country East of the Columbia River and North of Walla
Walla — The Peace of 1S56 Abortive — Kaniiakin Still Inaugurating Hostile Movements — Combination of
Hostile Eastern Tribes, and Motives of Hostility — Indian Depredations in Walla Walla Region — Expedition
of Lieutenant-Colonel Steptoe, and His Disastrous Defeat — Colonel Wright's Views of the Campaign Necessary
— Treatv with the Xez Perces — Colonel Wright Sets Out on Northern Expedition — Battle of Four Lakes —
Battle of Spokane Plains — The Spokanes Submit — The Cceur d'Alenes Submit — Death of Owhi and Qualchen
— Submission of the Palouses — The War Ended 62 t
CHAPTERLVII.
(1856-1873.)
Southern Oregon — Counties of Josephine and Curry — Straggling Savages Murder and Rob Umpqua Lighthouse —
Trial and F;xecution of Enos — Chief John Sent to San Francisco — Desperate and Almost Successful Attempt
of Himself and Son to Capture the Steamship — Military Wagon Road — Discovery of Gold in the Umpqua
Vallev — Exploration of the Klamath Lake Country — First Mail Between Sacramento and Portland — More
Indian Depredations — Bailey's Brave Stand Against a Hundred Savages — S. D. F^vans Shot Dead with an
Arrow — The Great Deluge in Southern Oregon — Effects of the Southern Rebellion — Oregon Volunteers
Again in the Field — Indian Council at Klamath I,ake — Causes and Details of the Modoc Indian War — The
Assassination of General Canby — Punishment of the Traitorous Savages 640
INTRODUCTORY.
To Discover a Sea-path from Europe to India, the Incentive of Pacific Coast
Exploration — Voyages, whether Eastward or Westward from Eni-ope, alike
and necessarily Precursors of the Discovery of Northwest America — Kepiited
Discoveries by the Cabots and Cortereal — The Strait of Aniau Myth —
Fictitious Narratives of Pretended Voyages of Maldonado, de Fuca and de
Fonte Stimulated North Pacific Exploration.
THE discovery of the Cape of Good Hope, the voyages to the South African coast
rounding that cape and opening the sea-path from Western Europe to the East
Indies, which had been accomplished within the fifteenth century, proved the forerunners
of grand development of geographic science, knowledge of navigation and the expansion
of commerce. These enterprises had been but shortly preceded by discovery of the
polarity of the magnetic needle and its legitimate sequent, the invention of the mariners'
compass. To China belongs the invention of those important discoveries. The period
at which the compass became first utilized by the navigators of Western Europe is
shrouded in uncertainty. The best authorities ascribe its introduction to Flavio Gioia,
a citizen of Amalfi in the Kingdom of Naples, and designate the year 1307 as the date.
" Encouraged by the possession of this sure guide, by which at all times and all
places he could with certainty steer his course, the navigator gradually abandoned the
method of sailing along the shore, and boldly committed his bark to the open sea.
Navigation was then destined to make rapid progress. The growing spirit of enterprise,
combined with the increasing light of science, prepared the states of Europe for entering
on that great career of discovery of which the details constitute the materials for the
history of modern geography. Portugal took the lead, and in the foremost rank of
the worthies of the little hero-nation stands the figure of Prince Henry, the navigator.
Until his day (i 394-1 460) the pathways of the human race had been the mountain, the
river and the plain, the strait, the lake and the inland sea. It was he who first conceived
the thought of opening a road through the unexplored ocean, a road replete with danger
but abundant in promise."
In the foregoing eloquent extract are presented, not onl}' the causes of ignorance of
geography, cosmography, cartography, — ignorance of the world in which humanity had
stayed at home, or simpl}' crawled over a small area of the earth's circumference, — but
the method whereby knowledge was to be acquired; " opening a road through the unexplored
ocean," harbinger to " abundant promise," which has been more than realized by
executing what Prince Henry conceived in that isolation of his sea-girt, rock-bound
home at Sagres. That pioneer of discovery of worlds and seas dedicated his life to
remove that ignorance, to develop knowledge of the world and its wealth, to expand
commerce, " to find a sea-path to the thesaiiris arabiim ct divitas Indie^y Through his
enlightened foresight and perseverence, the world is indebted for the maritime discovery
of more than half the globe. Having successfully colonized the Azores, Portugal
extended its explorations southward along the Atlantic coast of Africa beyond Cape Bojador,
2 ( 1 )
2 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
seeking a channel leading eastward by which the Indian Ocean might be entered and
the voyage to India shortened. In 1454, Portugal obtained from Pope Nicholas V. the
grant of " exclusive right of navigation, conquest, trade, fishery in all seas and countries
which they might find between Cape Bojador and the Indies, not before occupied by a
Christian nation."
Portuguese voyages continued. Year after 3'ear new lands were being made known.
While Columbus, under the patronage of Spain, had been pursuing his westward
voyages of discovery in search of India, prompted by the theory which had suggested
to Prince Henry the southward voyages, the Portuguese had persevered in their efforts
to reach India by sea ; Vasco de Gama had accomplished this desideratum. He had
rounded the Cape of Good Hope in 1497, and on the 20th of May, 149S, reached Calicut.
Thus the idea and conception of Henry, the navigator, had ripened into fact.
Western exploration had culminated in the discovery of America. Southward and
eastward voyages had opened the sea-path to India. Henry did not live to witness the
realization of that hope, which had been the very soul of his being.
To find the much-coveted, long-hoped-for sea-path to India had been — nay it continued
to be — the key-note of voj^ages of discovery; it "was the consummation devoutly to be
wished." When found it was immediately succeeded by the revolutionizing of the
commerce of the East, the changing of its marts, the adoption of new routes of
transportation. Theretofore the rich products of India had found their way into S3'ria
and Egypt, traversing the Persian Gulf and Red Sea. The Venitians, receiving them at
Bey root and Alexandria, had enjoyed the carrying trade. Thereafter that wealth}^
commerce passed into the hands of maritime nations.
Upon the return of Columbus from his first voyage of discovery, Ferdinand and
Isabella of Spain claimed from Pope Alexander VL that same recognition which had
been extended to Portugal by his predecessor. On the 2d of Ma}', 1493, the papal grant
of 1454 was remodeled ; the undiscovered world was divided between Spain and Portugal.
From pole to pole, one hundred leagues west of the Azores and Cape Verde Islands, was
the line of partition. All lands and seas discovered east of that line were allotted to
Portugal ; all west were awarded to Spain. Expeditions fitted out b}' Spain sailed
westward in search of India. The Portuguese prosecuted their voyages southward and
eastward around the Cape of Good Hope. Neither Spain, Portugal nor the Pope had
contemplated that these vo^'ages respectively made from this common meridian of
departure, as they approached the antipodes, would there meet or pass. Portugal became
dissatisfied with the papal partition, because of the belief that Spain had secured a much
greater extent of ocean. On the 7th of June, 1494, the two nations entered into the
treaty of partition of the ocean, concluded at and sometimes called the Treaty of
Tordesillas. The line was removed two hundred and seventy' leagues westward of the
papal line. No provision, however, had been made for the contingent approach of the
possessory claims of the two nations toward each other, consequent upon the sphericity
of the globe, — of voyages starting in opposite directions from the same meridian. Of
necessity, complications could not be avoided. Portugal, bj- wav of the Cape of Good
Hope, established its power in the Indies, made settlement on the Moluccas or Spice
Islands, and had acquired the Port of Macao in China. Later the Spanish expeditions
to India, via the Strait of Magellan, came into collision with those Portuguese settlements.
Spain claimed exclusive navigation, trade and conquest westward to the extremity
of the peninsula of INIalacca. That contention included all the Moluccas and China.
THE INCENTIVE OF PACIFIC COAST EXPLORATION. 6
Portugal asserted exclusive territorial rights from the partition meridian eastward to the
Ladrone Islands. The treaty of Saragossa, April 22, 1529, adjusted these territorial
differences between the two nations. Spain released to Portugal all claim to the Moluccas.
The relative situation of India to the maritime powers of Western Europe and the
sea-paths to and from ; the prevailing belief that America was the eastern extremity of
India ; that voyages westward would reach that goal of navigators and adventurers in
pursuit of wealth, fully account for projecting westward voyages of discovery. As the
extent of the new continent became appreciable, the vastness of the world's area began to
be realized. Seas and continents were found to separate Western Europe and Western
Asia, which must be traversed before India could be reached by westward voyages from
Europe.
It was ascertained that the South Sea bathed the western shore of a vast continent ;
the hope had been dispelled that i\merica was a projection of India. That same South
Sea had become recognized as the Pacific Ocean. It was realized that long voyages upon
its surface must be made before India could be reached. Discovery had demonstrated
that the world was infinitely more vast than hitherto believed. India, as its remoteness
had been made manifest, had become the more tempting to the adventurer. The new
world laid across this westward sea-path to India. The continent discovered b}- Columbus
as the hoped-for India proved to be the great obstacle to a direct westward voyage from
Europe to India. The discovery of the Pacific Ocean was succeeded by the exploration
of the west coast of North America. Still clinging to the hope, a hope so strong that it
maj' properly be termed faith, that the Pacific shore line was but the projection eastward
of the coast line of India, the Pacific coast was followed northward, westward and then
southward in the expectation that India would be reached. For centuries navigators
continued to explore the Pacific coast from its southern extremit}' to Arctic latitudes,
stimulated by the belief that a channel would be found, — a water-passage from the
Atlantic to the Pacific Ocean, affording direct route for westward voyages from Europe to
India, avoiding the circuit of the southern extremities of the two hemispheres. Voyages
of discovery, actuated by such motives, constitute the preliminary history of the Pacific
coast of Northwest America.
In the search for the northwest passage, from the Atlantic Ocean to the South Sea
and to the Indies, venturous spirits of all nations participated, notably of Portugal and
Great Britain.
To understand 'the animus which prompted the voyages of the sixteenth and
seventeenth centuries, it becomes essential to recur to the condition of geographic science,
and the then existing theories as to the connection between the Eastern and Western
hemispheres. Early charts demonstrate that North America was supposed to have been
the eastern portion of Asia. After it had become known that the Pacific Ocean was
separated by a continent from the Atlantic, and ev^en after the western coast of America
had been examined as far north as forty degrees north latitude, the idea was still entertained
that, at no great distance north of that parallel, the coast would sharply deflect westward,
and, after some distance, would then trend southward to the Indies. Another favorite
theory had its devotees, — that to the north of the American continents a channel existed,
through which, by sailing in a northwesterly direction, Asia could be reached from the
Atlantic Ocean. Later, these ideas resolved themselves into a more definite theor}', — that
at a high northern latitude there was a strait penetrating the continent, and constituting
4 HISTORY OF PACIFIC XORTHAVFST — OREGON AND AVASHINGTON.
a water passage connecting the two oceans. The search for the northwest passage was
for centuries the desideratum of the voyages projected by geographers and navigators of
European nations.
To discover a short and direct route from Europe to the Indies was an element in all
North Pacific expeditions, — indeed, it might truthfully be added, all vo3'ages westward
from Europe.
Early as 1497-8, thus wrote Sebastian Cabota :
"And when my father died, in that time when news were brought that Don Christoval
Colon, the Genoese, had discovered the coasts of India, of which there was great talke in
all the court of King Henry VII., who then reigned, in so much that all men, with great
admiration, affirmed it to be a thing more divine than human to saile by the West into the
East, where spices growe, b}' a wa\- that was never known before. By his fame and report
there increaseth in my heart a great flame of desire to attempt some notable thing; and
understanding by reason of the sphere that, if I should saile by way of northwest, I should,
by a shorter tract, come into India, I thereupon caused the King to be advertised of my
devise, who immediately commanded two caravels to bee furnished, with all things
appertayning to the vo5'age, which was, as farre as I remember, in the year 1496, in the
beginning of summer. I began therefore to saile toward the northwest, not thinking to
find any other land than that of Catha}', and from thence to turn toward India."
The Portuguese, who had discovered the route to India by doubling the Cape of Good
Hope, now engaged in the more hazardous enterprise of seeking the Spice Islands of India
by sailing westward around the northern extremity of North America. The first of these
voyages, reported to have been as earl}' as 1463-4, was by John Yaz Cortereal, who explored
the northern seas b}- order of Alfonso V., and discovered the Terra de Baccalhaos (the
land of codfish) afterward called Newfoundland. It has been asserted that Portuguese
from that time engaged in fishing on the banks of Newfoundland ; but there is no record
that any Portuguese navigator attempted to explore those northern seas after Vaz
Cortereal.
The next voyage to those northern seas after Sebastian Cabot was that of Gaspar
Cortereal, who sailed in 1500 from the Azores, his voyage occupying nearly the whole of
that vear. Of that vo3-age, Ramusio thus speaks :
"In the part of the new world which runs to the northwest, opposite to our habitable
continent of Europe, some navigators have sailed, the first of whom, as far as can be
ascertained, was Gaspar Cortereal, a Portuguese, who arrived there in the year 1500 with two
caravels, thinking that he might discover some strait through which he might pass, by a
shorter voyage than around Africa, to the Spice Islands. They prosecuted their vo3'age in
those seas until they arrived at a region of extreme cold; and in the latitude of sixt}-
degrees north they discovered a river filled with ice, to which the}- gave the name of Rio
Nevado, — that is. Snow river. They had not courage, however, to proceed further."
Gaspar Cortereal, fully persuaded that a northwest passage to India existed, with two
vessels sailed from Lisbon on May 15, 1504, on a second voyage. Reaching Greenland,
bad weather separated the two vessels. After long waiting, without any tidings of
Cortereal, his consort returned to Lisbon, reporting his loss.
In the collection of voyages, the strait which Cortereal is accredited with having
discovered is named Anian. The reason for such nomination is stated to have been in
honor of two brothers of that name who accompanied the expedition. That circumstance
THE STRAIT OF ANIAN MYTH. . O
and such naming, with the ascribed motive therefor, are denied. According to some
authorities, the northwest extremity of America was named Ania ; and that name appears
ixpon early charts. B}^ others it is asserted that Ania was the name of an Asiatic province,
which, so named, appears upon early maps. Purchas, in the "Pilgrims," speaks of
" Anian" as an island off the coast of China. Hakluyt thus refers to the origin of the
name: "An excellent learned man of Portingale, of singular grauet}^, authorite and
experience, told me, very lately, that one Anus Cortereal, captayne of the Yle Tercera^
about the yeere 1574, which is not above eight yeeres past, sent a shippe to discouer the
northwest passage of America, and that the same shippe, arriving on the coast of the
saide America in fiftie-eighte degrees of latitude, founde a great entrance exceeding deepe
and broade, without all impediment of ice, into which the\' passed about twenty leagues,
and found it alwaies to trende towarde the south, the land lying lowe and plaine on ej'ther
side; and they persuaded themselves verel}' that there was a way open into the South Sea."
So much for the name Anian. Its origin is as m^ysterious as was the strait itself
to which it was applied. But to discover that strait, the bravest and most experienced
navigators of Portugal, Spain, England and Russia contined for centuries to devote their
lives in venturesome voj^ages and perilous navigation. Myth though it has proven
to have been,^to the acquisition of geographic knowledge, — to the discover}- of new worlds
and seas, how great an incentive. To that long-continued, that reluctantly-abandoned
faith in the existence of the Strait of Anian, or the northwest passage, is to be attributed those
voyages which mark the early exploration of the coast of Northwest America. Kindred
with the thought which accepted as assured the existence of that mythical strait, indeed,
intensifying the nn-stery and co-operating to render those coasts more inviting to adventure,
were fabulous narratives of pretended voyages and discoveries, which for centuries were
credited. To ascertain the truthfulness of the narratives of the voyages accredited to
Lorenzo Ferrer Maldonado, Juan de Fuca and Admiral Bartolome de Fonte, upon the
northern and northwestern coasts of North America, were the prompting motives of several
national expeditions.
Maldonado affixed to his fraud the earliest date. "A relation of the discover}^ of the
Strait of Anian, made by me, Captain Lorenzo Ferrer Maldonado, in the year 1588, in
which is given the course of the voyage, the situation of the strait, the manner in which
it ought to be fortified, and, also, the advantage of this navigation, and the loss which
will arise from not prosecuting it."
Its purpose, its location, sufficiently appear in the following curious extracts :
"And now that I am commanded by your Majesty and the council of state to give
some account of the voj-age and of the method of fortif}'ing the strait, it will be proper
also to give the course to be steered, and the situation and harbor of that strait."
Then follows the sailing directions from Lisbon northwest to Labrador, then northwest
and west \y\ the Strait of Labrador until the strait is cleared, thence southwest until
reaching sixty degrees north latitude, where the Strait of Anian was discovered.
The narrative recites : " The distance from Spain to Friesland is four hundred and
fifty leagues, and from thence to Labrador one hundred and eight}-, and to the termination
of that strait two hundred and ninety, which make, in the whole, nine hundred and
twenty leagues ; and these added to seven hundred and ninety, which we found to be the
distance from the north part of the Strait of Labrador to the Strait of Anian, make, in the
whole, one thousand seven hundred and ten leagues for the distance between Spain and
the Strait of Anian.
6 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
"The strait we discovered iu sixty degrees, at the distance of 1710 leagues from Spain,
appears, according to ancient tradition, to be the one which geographers name iu their
maps the Strait of Anian ; and, if it be so, it must be a strait having Asia on one side and
America on the other."
After detailing the cruise southward to Mendocino, and the vo3'age westward 120
leagues, they return to the entrance of the strait. The narrative concludes :
"We found ourselves at the entrance of the same Strait of Anian, which, fifteen days
before, we had passed through to the open sea, which we knew to be the South Sea,
where Japan, China, the Moluccas, India, New Guinea and the land discovered by Captain
Quiros are situated, with all the coast of New Spain and Peru. At the mouth of the
strait, through which we passed to the South Sea, there is a harbor situated on the coast
of America, capable of holding five hundred ships."
In Spanish literature the name of Maldonado held prominent place. This has been
suggested as a reason that such a name was selected as a nnni de plume to conceal the
imposture ; — a fictitious voyage in which it is represented that a passage by the northwest
was made from the Atlantic to the Pacific, returning in the following year. There is but
little doubt, however, as to Maldonado having been a real personage, and as to the
authorship of " the relation," above recited.
Nicholas Autorico, iu Bibliotheca Hispana, title " Laurent Ferrer Maldonado," ascribes
to that person great proficiency in geograph}^ and navigation, and refers to his published
work on geographic science. The writer claims to have seen the original manuscript,
"the discover)' of the Strait of Anian made by Maldonado (the author) in 1588." Other
autliorities state that IMaldonado appeared before the " Council of the Indies " to secure
payment for two scientific discoveries: i. "To render the magnetic needle not subject to
variation." 2. " To take the longitude at sea."
That he was a man of learning and abilit}' is unquestionable. There is also abundant
evidence that his countrymen attached credit for many years to what subsequently proved a
forger3\ An illustration of how the claim was regarded is found in the fact, that is, fitting
out the vo3'age of discovery (in 1789) commanded by Malaspina, destined for the examination
of the coast of Northwest America, between fifty-three degrees and sixty degrees north.
Among the instructions to the commander, he is directed " to discover the strait b}- which
Lorenzo Ferrer Maldonado was supposed to have passed, in 158S, from the coast of
Labrador to the great ocean." Again, in 1790, after Malaspina had sailed, Buache, the
distinguished French geographer, before the Paris Acadeni}' of Sciences, read a memoir
to establish that the voyage accredited to Maldonado had been made, — that the narrative
was genuine and reliable. A translated cop}' of that memoir was forwarded b}' the
Spanish government to Malaspina at Nootka, which reached him at Acapulco, instructing
him to determine the truth or falsity of the narrative. Again, in 1791, when Galiano and
Valdez sailed for Northwest America, in the Suiil and Mexicana, they were also furnished
with the " ' Maldonado ' relation " with instructions to investigate the alleged discoveries.
Nor was the making public of " the relation " less curious. Maldonado himself had
waited twenty 3'ears subsequent to the alleged time of the voyage. In 1626, he published
his geographic work, in which he omitted reference to the Strait of Anian, or his pretended
discovery.
"The relation," copied from a quarto transcript by Munon, March 24, 1781 (printed
in 1788, as already stated), had found a champion in Buache, the French scientist. In
THE STRAIT OF ANIAN MYTH. 7
iSii, Amoretti, the librarian of the Anibrosian Library at Milan, his notice being called
to a small volume in Spanish entitled " relation, etc." (a copy of the paper before cited),
at first looked upon it as a mere sensational paper. On attentive reading, he became
impressed with its truthfulness of claim. He translated it, published it with comments
defending its authenticity and the integrity of its claim. Humboldt had already denounced
it as an imposture, as also had Malaspina, after thorough examination of the coasts of
Northwest America, within the limits prescribed for the existence of the strait. In the
light of present geographic science, the absurdities of the statement of Maldonado's voyage
appear ; wonder is excited that the so-called Maldonado relation as to the northwest
passage should ever have deceived even the most ignorant.
Next in order of chronologic birth is the pretended voj^age of Juan de Fuca. Michael
Lok, Senior, British Consul at Aleppo, originated the narrative, which comprises all the
evidence that there ever existed a man named Juan de Fuca, or that in 1592 such a
personage made a vo3'age to Northwest America.
The voyage, the hero, the claim, are illustrated by the " Note made by me, Michael
Lok, the elder, touching the strait of sea, commonly called Fretum Anian, in the South
Sea, through the northwest passage of Meta Incognita."
" When I was at Venice in April, 1596, haply arrived there an old man, about sixty
years of age, called commonly Juan de Fuca, but named properly Apostolos Valerianus,
of nation a Greek, born in Cephalonia, of profession a mariner, and an ancient pilot of
ships.
" He said he was in the Spanish ship, which, in returning from the Islands
Philippinas, towards Nova Spania, was robbed and taken at the Cape California by Captain
Candish, Englishman, whereby he lost sixty thousand ducats of his own goods.
" He said that he was a pilot of three small ships which the Viceroy of Mexico sent
from Mexico, armed with one hundred men, under a captain, Spaniards, to discover the
Strait of Anian, along the coast of the South Sea, and to fortif}' in that strait, to resist
the passage and proceedings of the English nation, which were feared to pass through
those straits into the South vSea ; and, that by reason of a mutiny which happened among
the soldiers for the misconduct of their captain, that voj^age was overthrown, and the ship
returned from California to Nova Spania, without an3'thing done in that vo3'age ; and
that, after their return, the captain was at Mexico punished by justice.
" Also he said that, shortly after the said vo\'age was so ill ended, the said Vicero}^ of
Mexico sent him out again, in 1592, with a small caravel and a pinnace armed with
mariners onl}-, to follow the said voyage for the discovery of the Strait of Anian, and the
passage thereof into the sea ; which they called the North Sea, which is our Northwest
Sea ; and that he followed his course in that voyage, west and northwest in the South Sea,
all along the coast in Nova Spania, and California, and the Indies, now called North
America, until he came to the latitude 47 degrees ; and that, there finding that the land
trended north and northeast, with a broad inlet of sea, between 47 and 48 degrees of
latitude, he entered thereinto, sailing therein more than twenty days, and found that
land trended still sometimes northwest, and northeast, and north, and also east
southeastward, and very much broader sea than was at the said entrance, and that he
passed by divers islands in that sailing ; and that, at the entrance of this said strait,
there is, on the northwest coast thereof, a great headland or island, with an exceeding
high pinnacle, or spired rock, like a pillar, thereupon." " Also, he said that he went
8 HISTORY OF PACIFIC NORTHWEvST OREGON AND WASHINGTON.
on land in divers places, and that he saw some people on land clad in beasts' skins ; and
that the land is very frnitfnl, and rich of gold, silver, pearls and other things, like Nova
Spania."
" And also, he said that he being entered thns far into the said strait, and being come
into the North Sea already, and finding the sea wide enough everywhere, and to be about
thirty or fort}^ leagues wide in the mouth of the strait where he entered, he thought he had
now well discharged his office ; and that, not being armed to resist the force of the savage
people that might happen, he therefore set sail, and returned homewards again towards
Nova Spania, where he arrived at Acapulco anno 1592."
The narrative of Lok, from which the foregoing extracts are made, contains the only
record, the only evidence of that alleged voj-age. The claim, the service performed, the
result, the motive for asserting the claim, are all exhibited in the language of him who
heralds the great discover}-, one whose real object seems to have been to seek indemnity
for a pretended loss at the hands of pirates. The English government took no notice
whatever of Lok's narrative. It is referred to by contemporary' English writers, without
additional particulars to corroborate it. It does not appear to have been regarded of
sufficient importance to demand verification. The best authorities treated it as a
fabrication. The stor}' of the vo3'age, never credited to au}' great extent, like other
narratives of expeditions in search of the Strait of Anian, kept alive the hope that such
channel was a reality ; it stimulated inquiry. No record is preserved in Spain or Mexico
mentioning the vo3-age of him who is asserted to have made it, or that in an}- wa}'
contributes color of truthfulness to the Lok narrative. Its inconsistencies are patent, are
glaring. The land described, the natives, the alleged elements of wealth, the location of
the strait, its extent, coast line, internal navigation, indeed ever}' peculiarity of the Strait
of Juan de Fuca and its surroundings, repel the belief that the inventor of Eok's statement
could ever have seen or visited the northwest coast of America.
The so-called voj-age of Admiral Bartolome de Fonte completes this trio of fables.
As a preface to the story, it should be remembered that a voyage for fishing or discovery
had been undertaken from New England to Hudson's Bay. The French then in
possession of Canada had crossed overland with intent to extend their settlements to the
shores of Hudson's Bay. M. de Grosseliez, one of the earliest settlers of Quebec, a man
of enterprise, conceiving that advantages would result to the French by the possession of
the ports and harbors of Hudson's Bay, fitted out an expedition to explore its coasts. It
was late in the season when the party landed on the western side of Nelson's river. An
Euglish settlement had been observed which de Grosseliez proposed to attack. On
approaching, a solitar}' hut was found, its half dozen inmates perishing from hunger and
disease. Grosseliez ascertained that they were of the crew of a Boston ship, who had been
sent ashore to find a proper place for their vessel to lie in safet}- during the winter ; that
while on this service the ship had been driven by storm from her anchorage and had never
returned. To James Petiver, a contributor to the " London IMonthl}' Miscellany or
Memoirs for the Curious," the.se circumstances suggested that fabrication entitled, " The
account of a Spanish Expedition from the South Sea, through the interior of America, by
means of rivers and lakes, into the Northern Atlantic," published in that magazine
April, 1708.
M. de Lisle and P. Buache, of the French Acadeni}', translated the article, embellished
it with maps illustrating the routes of de Fonte and Bernardo, giving full faith and
PRETENDED VOYAGES OF MALDONADO, DE FUCA AND DE FONTE. 9
credit to the narrative and to the voyage. Burney termed it an " adventurous piece of
geograph3^"' Alexander Dalrymple pronounced it " an idle invention ; if it had not
made at the time some noise in the world it would be wholly undeserving of notice."
Bartolome de Fonte was the name given the admiral assigned to the command.
Associated with his name were Diego Penalosa as vice-admiral, Pedro de Bernardo and
Felipe de Rinquillo as captains. The fleet, consisting of four vessels commanded by
Admiral de Fonte, is represented to have sailed from Callao in April, 1640, under orders of
the Vicero}' of Peru, to explore the American coasts of the north Pacific, and to intercept
certain vessels reported to have sailed from Boston in search of a northwest passage from
the Atlantic to the Pacific. Arrived at Cape St. Lucas, Vice-Admiral Penalosa was
detached to explore the Gulf of California. De Fonte, with three vessels, proceeded
northward 260 leagues, having sailed in crooked channels among the Archipelago of
San Lazandro, be3'ond which, in latitude fifty-three degrees north, he discovered the
month of the river Reyes. Bernardo continued his examinations further north, while de
Fonte entered the river Reyes, which he ascended to a large lake with beautiful shores,
which he named La Belle. It contained many islands, and was surrounded by a lovel}^
country, inhabited by a hospitable people. On its south shore was a large town called
Conasset. Passing through a strait to the eastward, he reached an Indian town, where
he learned that at a little distance from thence lay a great ship. He sailed thither, and
found aboard only one man, advanced in years, and a youth, who told him that the ship
was from Boston. The next day the captain and owner of the ship appeared. Although
de Fonte had been ordered to make prize of any people or vessels seeking a northwest
passage, he looked upon Boston merchants as trading for skins. Instead of seizing them
he made valuable presents, and received in return their charts and journals, and then
returned to Conasset. Bernardo had ascended another river, called by him Rio de Haro,
into a lake he named Valasea, in latitude sixty-one degrees. There he left the ship and
proceeded northward several hundred leagues, in three large Indian canoes. To de Fonte
he reported that there was no " communication out of the Spanish Sea by Davis's Strait,
for the natives had conducted one of his seanlen to the head of Davis's Strait, which
terminated in a fresh lake of about thirty miles in circumference, in the eightieth degree
of north latitude, and there were prodigious mountains north of it." The narrative ends
by saying that Admiral de Fonte returned to Peru, " having found that there was no
passage into the South Sea by that which is called the northwest passage."
This de Fonte fraud only ceased to find believers after explorations had demonstrated
the utter falsity of its description of the lands and seas in the region claimed to have
been visited.
In dismissing these narratives of those three fabulous voyages, it must be remarked
that they contributed largely to stimulating expeditions for discovery, and as incentives
to exploration. They serve also in a very great degree to illustrate the thought of the
times in which they appeared as to the geography of Northwest America.
In the last half of the sixteenth century, the track of the European vessels engaged
in the commerce of the Pacific Ocean, /. e., between Europe and the East Indies, was
through the Strait of Magellan, the only then known passage between the Atlantic and
the Pacific Oceans. Such voyage was long in time and distance; it was equally hazardous.
To avoid circuity of route, to shorten the time, to escape difficulties of navigation, to effect
directness of course, to secure dispatch, economy and safety, the hope of that period
10 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
became father to the thought, which almost ran mad in seeking a strait of sea through
the North American continent connecting the two great oceans in high northern latitudes.
It is not surprising that the credit ascribed to Caspar Cortereal of having discovered and
nominated the Strait of xA.nian stimulated so many voj^ages of discovery ; that the
educated wish of that age, the existence of the northwest passage, the Strait of Anian,
prompted many to believe Maldonado's " relation ;" that for centuries there continued to
be found those who believed Juan de Fuca to have been a real personage, and to have
made a voyage to the waters bearing his name ; that the narrative of the voyage of
Admiral de Fonte was entitled to have been recorded with those of veritable voyages.
The story of the Strait of Anian has, with difficult}', been discarded ; — the theory has
never been abandoned ; the region in which the passage exists has merel}' been transferred
to Arctic latitudes. Polar exploration to secure shorter passage between the two oceans
has to-da}' just as much attraction for many as had the Lok invention of de Fuca's
voj'age in the sixteenth centur}-.
The mystery has worked for the good of our race, — for the civilization of continents
and worlds. To and from both sides of America, how numerous the expeditions and
voj'ages. In solving the mystery in seeking the northern strait, the northwest passage,
the FRETUM ANIAN of the meta incognita, most valuable have been the contributions to
science. How vast the fields which have been opened to humanity and dedicated to
commerce and civilization, and how important the bearing in the problem of the
establishment of those great commonwealths on the shores of the Pacific Ocean, whose
history it is the purpose of the following pages to chronicle.
Chapter I.
(1513-15430
Balboa Crosses the Continent and Discovers the Pacific Ocean — Pioneer Explorations
on the West Coast of North America, Adjacent to the Isthmus and Working
Northward — Magellan Passes Through the Strait which bears his Name, Enters
and Nominates the Pacific Ocean — Cortez Discovers and Subjng.ites Mexico —
— Voyages of Mendoza, Grijalva, Becarra, Ulloa, Alarcon, Cabrillo and Ferrelo
on the West Coast of America — The Pacific Coast Examined from Panama
Northward to Cape Mendocino.
\/"ASCO NUNEZ DE BALBOA, Spanish Governor of Antiqna, the province bordering
the Gulf of Darien, to avert arrest npon charges of oppression and abuse of authority,
conceived the thought of conciliating his King by bold acts of discovery. Through the
natives he had learned of the sea extending to the south, and of the great wealth of Peru.
Those reports stimulated his overland march westward in search of the South Sea and the
wealthy provinces upon its coast. On the ist of September, 15 13, with 190 picked men,
he sailed northward to Coyba. On the 6th, the party landed and commenced their march
across the isthmus. On the 26th, from the mountain ridge, they discovered the " Great
South Sea." On the 29th of September, 1513, Balboa took formal possession of these
Indies, the "land and seas," for the sovereign King and Queen of Castile and Aragon, and
named the bay Gulf of San Miguel. Having completed the ceremonial of taking the sea,
Balboa returned to Antiqua. In his many conflicts with the natives, he had not experienced
a single defeat, nor lost a single man. He bore with him pearls and precious metals,
evidences of the wealth and importance of his great discovery, and received an enthusiastic
welcome. The result of the expedition created a sensation in Spain hardly second to the
discover}' of the New World by Christopher Columbus.
At that early period in the development of geographic science, the belief prevailed
that the American continents were extensions eastward of Asia, — were portions of the Indies.
The latter were the imagined lands of pearls and precious gems, of gold and of silver, and
of precious metals, of the spices, of the best of the earth, the repositories of untold and
fabulous wealth. The great South Sea, that vast continuity of waters beyond the ideal
boundary or measured limit of the Atlantic Ocean or North Sea, led directly to these
opulent and luxurious fields. Hence Balboa's discovery was of the greatest importance,
and became the great incentive to new and grander explorations. Under the direction of
Balboa, small vessels were constructed at the Gulf of San Miguel, for the examination of
adjacent coasts and islands. In 1517, Bartolome Hurtardo, in canoes, cruised along the
coast as far north as Costa Rica. In 15 19, Caspar de Espinosa founded the city of
Manama. He sent an expedition northward, which reached the Gulf of Nicoya, in
Nicaragua. In January, 1522, Cil Gonzales Davilla, with a fleet of four vessels, sailed
from Panama. Having reached the Gulf of Nicoya, Davilla headed a land party and
discovered Lake Nicaragua, while Pilot Andres Nino, in one of the vessels, proceeded
westward, discovered and named the Gulf of Fronseca, and, it is claimed, entered the
Gulf of Tehuantepec.
( 11 )
12 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
But the great desideratum of the Spanish government was to find a westward route to
the ]\Ioluccas or Spice Islands of India. For this purpose, in October, 1515, Juan Diaz de
Solis sailed from Spain. He discovered the river La Plata; ascending it, was killed by
natives, and his vessels returned to Spain. A year after the return of the ill-fated Solis
expedition, Magellan submitted to the Emperor, Charles V., his proposition to reach the
Moluccas by sailing westward from Spain.
Fernando Magellan, or, according to his true Portuguese name, Fernao de Magalhaes
(entitled to be styled the " First Circumnavigator," though death defeated his completing
in a single voyage the world's circumnavigation) had for man}' years been in the Portuguese
service in the East Indies. He had been the associate with Serrano in command of the
ships sent out under Abrue for the discover}' of the Spice Islands. Soured with his
sovereign, and insulted by what he deemed a slight, he entered the service of Spain.
Assigned by Charles V. the command of five ships, with the rank of Captain-General,
Magellan set sail from Lucar, September 21, 15 19, " to find a western route from Spain to
the Spice Islands of India."
In October, 1520, he entered the strait now bearing his name. On the 27th of
November, 1520, he sailed out into that vast open sea, to which he gave the name Pacific
Ocean. Heading northwest, Magellan crossed the equator February 13, 1521, and reached
the Ladrone Lslands March 6th, from whence he sailed from the Philippines. On the 26th
of April, 1 52 1, on the Island of Alatau, he was killed in a conflict with the natives.
Sebastian del Cano, in command of the Vittoria, one of Magellan's fleet, returned to Spain
by wa}' of the Cape of Good Hope, reaching Lucar September 6, 1522. Charles Y. received
him with great honors, granted to him a globe for his crest, and the motto " Primus
circumdediste me." Thus Del Cano, the subordinate of Magellan, completed the first
circumnavigation of the globe. His chief had projected the expedition to prove that it
could be done. While in the service of Portugal, Magellan had rounded the Cape of
Good Hope, and had sailed eastward to those islands, where he met his untimely death.
In the two voj'ages he had traversed earth's entire circumference, — had completed the
world's circumnavigation.
The length of the voyage, the difficulties and dangers attending a passage through
the Strait of Magellan, prevented au}' hast}' or spontaneous increase of commerce from
that great discovery. It doubtless stimulated Spanish navigators to seek shorter and
more direct communication between the two oceans. Dominion upon the American
hemisphere, and the control of the commerce of the East Indies, were the great objects
sought by Spanish adventurers.
In the meantime (1517-1521), Hernando Cortez had conquered and reduced Mexico.
Spanish supremacy securely established, he projected an exploration of the adjacent seas
and countries.
As early as 1522, in letters to his sovereign, Cortez alludes to three ports on the
Pacific coast discovered by him, viz. : Tehuantepec, Tntulepec (about 100 miles west, but
in about the same latitude) and Zacatula in eighteen degrees north, where a garrison under
Pedro de Alvarado and a settlement had been established. At this port three vessels were
immediately ordered to be built for northern discovery and exploration. This enterprise
was abruptly suspended by Cortez' departure to Central America to quell an insurrection.
Not until 1526 were the vessels completed, at which time they were joined by another
from the Strait of Magellan under Guoerra, and ordered by the Emperor of Spain to the
Moluccas Islands to relieve a Spanish fleet. Previous to starting in October, 1527, those
hon.geo.abernathy:
FIRST GOVERNOR or OREGON TER.
CORTEZ DISCOVERS AND SUBJUGATES MEXICO. 18
built by Cortez had made a coast voyage under Alvero de Saavedra to Santiago, in Colima,
a port discovered three years before by a land expedition under Francisco Cortez. The
fleet, under command of Saavedra, safely arrived at the Moluccas Islands. Cortez'
purposes are best portrayed in his own letter to the Emperor. They also exhibit the
animus of his cotemporaries. He thus announced his object : " The sailing north and
then west, and finally south until he should reach India ; this would secure the exploration
of the South Sea, with its coast and islands, and finding of a northern passage by water
from the Atlantic to the Pacific."
"In one of three places where I have discovered the sea, there shall be built two
caravels of medium size, and two brigantines, the two former for discovery and the latter for
coasting." " In search of the said strait, because if it exists it cannot be hidden to these
in the South Sea, or to those in the North Sea, since the former will follow the coast until
they find the strait or join the land with that discovered by ]Magalhaes (India), and the
others in the North Sea, as I have said, until they join it to Bacallaos. Thus on one side
or the other the secret will not fail to be revealed." Cortez' personal interest and
investments laid in the south. These he abandoned to gratify an ambition to discover
"the strait," to shorten the voyage between Spain and the Indies, to open direct
communication between Spain and the East India Islands, via Mexico. Such discoveries
would necessarily add rich islands, coasts and seas to the Spanish Empire.
In 152S, Cortez ordered five vessels to be built, to replace the fleet which had sailed
to the Moluccas. These vessels were never completed. Cortez returned to Spain
in consequence of complaints against him ; the Emperor Charles V. appointed him
Captain-General of New Spain, with the title of Marquis of Oaxaca. New Spain embraced
a vast area of territory, with Tehuantepec as its port on the Pacific Ocean. In 1530, Cortez,
on his return to New Spain, found his authorit}- resisted b}^ Nuno de Guzman, Governor
of Panuco (the present province of Tempico), whose jurisdiction had been extended to the
Pacific Ocean by the Emperor's grant of the province of Xalisco. The contest with
Guzman necessarily suspended Cortez' explorations. Nothstanding these disappointments,
these failures of projected enterprises, yet prior to the year 1532, the western coast from
Panama to Zacatula had been thoroughly explored ; the voyage had been made to Colima;
land explorations had penetrated as far northward as San Bias ; ship-bnilding had been
successfully pursued at several ports on the Mexican coast, and voyages had been made»
between Mexico and the East Indies.
In 1532, Cortez fitted out an expedition from Tehuantepec of two vessels under
command of his kinsman, Diego Hurtado de Mendoza, with instructions to sail northward
within sight of the coast and to land at all convenient places. Mendoza reached latitude
twenty-seven north, when a mutiny occurred, which obliged him to send back one of his
vessels. The returning vessel in great distress reached Culiacan river, and was then
deserted by her entire crew. Mendoza, in attempting to reach x^capulco, was wrecked
near Cape Corrientes and killed by the natives. His vessel was seized and plundered
by Guzman. In 1533, two vessels went in search of the missing vessel, respectively
commanded by Hernado Grijalva and Diego Becerra. Grijalva, sailing seaward, discovered
the Revilla Gigedo Islands. Becerra followed the coast of Xalisco northward until
murdered by his pilot, Ximenas. The mutineers then sailed westward, reaching a coast
in latitude twenty-three degrees north, where Ximenas and most of the crew were
murdered by the natives. The survivors crossed to Chiametla, a little harbor on the
coast of Xalisco, where the vessel was seized by Guzman. Guzman's repeated acts of
14 HISTORY OF PACIFIC XORTHWEST — OREGON AND WASHINGTON.
hostility provoked Cortez to complain to the Spanish court. Dissatisfied with its decision,
he determined to redress his own wrongs. Troops were marched to Chiametla, and three
vessels ordered from Tehuantepec. Upon the arrival of the vessels, without having
encountered Guzman, Cortez sailed westward to the land on which Ximenas had been
murdered, the southern portion of the peninsula of Lower California. On the 3d of
Ma}-, 1535, he took formal possession of that territory-, naming it Santa Cruz. The
reports of the wealth of the cities of the interior prompted Cortez to dispatch new
expeditions to the California coasts. By the arrival of Don Antonia de Mendoza as
Viceroy of New Spain, Cortez had been superseded as Captain-General, but still continued
Admiral of the South Sea, by virtue of which rank he claimed exclusive right to project
voyages and make discoveries in the North Pacific Ocean or upon the coasts of the South
Sea. In 1539, he organized an expedition consisting of three vessels, of which he
appointed Francisco de Ulloa commander. Ulloa sailed from Acapulco July 8, 1539,
explored the Gulf of California to its extreme head, determined that the outlet before
supposed to exist to the north was a great inland arm of the sea penetrating the continent,
and that Lower California was a peninsula. Thence, pursuing his voyage southward,
he doubled the peninsula and followed the coast northward to Cape Engana, latitude
twenty-nine degrees north. From thence Ulloa sent one of the vessels back to Acapulco,
and the other sailing northward was never heard of. Ulloa commanded the last
of the maritime expeditions fitted out by Hernando Cortez. He projected another, to
consist of five vessels, to the command of which he had assigned his son, Don Luis.
Mendoza interfered, a quarrel ensued, and in 1540 Cortez departed for Spain, to submit
his grievances in person to the Emperor.
In 1539, the Viceroy Mendoza sent Marcos de Niza, provincial of the Order of
Franciscans in Mexico, and Honorata, an associate priest, on a tour of exploration into
the interior, which had been reported to contain populous and wealthy cities. A year
later Niza wrote a glowing letter, asserting the existence of a country north of thirty-five
degrees north latitude, abounding in gold, silver and precious stones, inhabited by a
more civilized race than the IMexicans. Cibola, the city from which Niza wrote, contained
20,000 large stone houses, four stories high, adorned with jewels. Other cities farther to
the north, which he had not seen, were represented as more populous and wealthy. The
natives at first were hostile to his coming, but that hostility had been succeeded by a desire
to embrace Christianit}-.
Consequent upon Niza's report, Mendoza organized land and naval expeditions to
penetrate to the interior and verify the story. Two ships under the command of Fernando
de Alar9on sailed May 9, 1540, arrived at the mouth of the Colorado river in August,
ascending it in boats to the distance of eighty-five leagues. Alargon hearing nothing of
wealthy citizens, returned. In his exploration, Alarcon has gone four degrees further
north than the latitude reached by Ulloa. Francisco Vasquez de Coronado commanded
Mendoza's land expedition. After a march of three months he reached Cibola. He
found seven small towns, but none possessing the wealth pictured by Niza. After
learning how severely he and others had been deceived by the fabulous stories as to
wealthy cities and tribes in the interior, he prosecuted his march, on a tour of
exploration, advancing probably to the shores of the Great Salt Lake.
Mendoza, emulating the efforts and fame of his predecessor in discovering new lands
and seas, determined upon continuing the examination of the California coast. Two
vessels were assigned to the command of Juan Roderiquez de Cabrillo, a Portuguese,
COAST EXAMINED NORTHWARD TO CAPE MENDOCINO. 15
with Bartolome Ferrelo as pilot. On June 27, 1542, the\- sailed from Natividad,
crossed the Gulf of California, rounded Cape San Lucas, and continued coasting
northward, discovered San Diego Bay in September (which Cabrillo named San ]\Iiguel),
the Ba}- of IMonterej-, which he named Bay of Pines, and reaching Punta de los Reyes,
latitude thirty-seven degrees ten minutes north, there anchored. From here he was
driven in a storm south to the Island of San Miguel as named by him (now Bernardo),
where he died Januar}' 5, 1543. Cabrillo appointed Pilot Ferrelo to succeed him in the
command, and requested that the voyage should be further prosecuted. Ferrelo sailed
northward. In forty degrees north, he saw mountains covered with snow, and a cape
between, to which he gave the name of Mendocino (i), in honor of the ^'iceroy. Having
reached latitude forty-four degrees north, he headed south for Natividad. The result of
this voyage was the determination of the coast line of California to latitude forty-three
degrees north.
From the result of land explorations of Coronado, in search of wealthy cities, and
the voyage of Cabrillo and Ferrelo, Mendoza had become satisfied that there were no rich
cities in the interior, and that there was no strait or water-passage between Mexico and
forty-two degrees north latitude from the Pacific into the Atlantic Ocean.
The west coast of North America had been thoroughl}- examined from Panama
northward to Cape Mendocino. No regions had been discovered, the wealth of which
tempted the avarice of the Spaniards. With Ferrelo's voyage, explorations of the North
Pacific coast was for the time being suspended. In Spanish nomenclature, " Coast of
California in the South Sea" was applied to the territory north of Cape San Lucas and
extended indefinitely northward. Mexico was known as New Spain. North of Mexico,
where discoveries had been made, the whole coast was claimed b}' Spain under the name
of California.
(i) Prof. Davidsou, U. S. Coast Survey, says ;
'"It is generally stated that Juan Roderiquez Cabrillo named this cape in honor of Don .\ntonio de Mendoza. the Viceroy of Mexico. But
the highest latitude he reached was Punta de Los Reyes, to which he in reality applied tliat name. It is quite probable that under the lee of the
rocks of this cape, Ferrelo, the pilot and successor of Cabrillo, anchored in the last of Februarj-, 1543, and named Cabo de Fortunas iCape of Perils),
although he places his position in latitude forty-three degrees north- The ne.xt day he may have been off Trinidad Head experiencing heavy
northerly weather, and his observations might have placed him in latitude forty. four degrees; but with his vessels, adverse currents, and a
dead-beat-to-wiudward, he could not have made a degree of latitude in a day. Here he turned back, passed the Golden Gate March 5d, and
reached the Island of Santa Cruz on the 5th." (Davidson's Coast Pilot, p. 97.)
Chapter II.
(1556-1603.)
Siiain Coiiqiu'is tin' Philippine Islands — Urdaneta's Ketnrn Voyages Eastward from
Manilla to Acaimh-o — Commercial Voyages Between Manilla and Mexico —
\ oyages ol Francisco de Gali — Crnise of Sir Francis Drake — Takes Possession,
Calling the Coast New Albion — Voyages of Thomas Cavendish — Voyages of
Vizcaino — Crnise of 3Iartin de Agnilar — Change of Maritime Policy of Spain.
I3HILIP II., soon after his ascension of the Spanish throne, ordered Don Lnis de
\'elasco, \'iceroy of Mexico, to conqner the Philippine Islands and establish thereon
Spanish settlements. Andreas Urdaneta, an Anstin friar, whose reputation as a
cosniographer stood very high (who in 1527, then a mariner, had sailed with Saavedra on
the vo3'age to relieve Loaisa), was urged to accompany the expedition. Disqualified by
his priesthood for a command, he was authorized to name the commanding officer. His
choice fell upon Miguel Gomez de Legaspi, upon whom was conferred the title of Governor,
with the fullest powers. On the 21st of November, 1564, the expedition, consisting of five
vessels and numbering about four hundred men, sailed from Natividad. On the 13th of
February, 1565, Legaspi arrived at thePhilippines. The islanders resisted, but, after a
trifling loss, submitted to the invaders. In April, 1565, he took possession in the name of
the Crown of Spain, founded the cit}- of Manilla, on the Island Luzon, and became first
Governor of the Philippine Islands. A return voyage eastward from the Indies to the
American coast had never yet been made. The belief had existed that, in consequence of
the direction of the prevailing winds, it could not be successfully accomplished. Urdaneta
had submitted his theories as to the possibility of accomplishing such return voyage before
he had been selected to accompany the expedition. The time had arrived to test the
correctness of his theories, — to put them into practice.
The San Pedro, in which Urdaneta and Father Aguirre, a brother priest, were companion
shipmates, with a sixteen-year-old nephew of Legaspi, as nominal captain, left Zebu June
I, 1565, for Acapulco. The vessel sailed east to the Ladrones, thence north to latitude
forty-three degrees north, from whence the trade winds bore her safely to Acapulco, at which
port she arrived on the 3d of October. The sailing directions and charts of the first return
voyage from India to Mexico, prepared by Urdaneta, were followed for many years by the
Spanish galleons. The track pursued, long the route from Manilla to Acapulco, was
designated Urdaneta's passage. Manilla became the Spanish metropolis of the East Indies ;
and an important commerce was established. Large vessels sailed at regular intervals
from Acapulco for Manilla and Macao, laden with European goods and the products of
Mexico, returning with silks and spices for Mexico and Spain. In one of those voyages
(on July 4, 1574I, as stated in the Hakluyt collection of voyages (purporting to give
Gali's own narrative translated from the Spaui.sh), Francisco de Gali "made the coast of
New Spain, under seven and thirty degrees and a half." The introduction to the Journal
of Galiano Valdez substituted fifty-seven degrees thirty minutes for thirty-seven degrees
thirty minutes, upon the authority of a French translation of the Gali narrative from
( iti )
,^«^.^==.^%
DR. JOHN MPLOUGHLIN.
vjo^'
nS
t
STEAMER BEAVER,
FiRsr STEAM SHIP TO ROUND CAPE MORN.
PIONEER HUDSON BAY GO'S OPFICIAliS AND STEAMER BEAVER
CRUISE OF SIR FRANCIS DRAKE. 17
Hakluyt. Through that erroneous substitution, the Gali voyage became notable. The
controversy as to the coast having been settled, the Spanish title b}^ discovery ceased to be
a theme of international dispute, — no necessity remained to adhere to the French
substitution. So the Hakluyt narrative fixing thirty-seven degrees thirty minutes is now
universally accepted.
The value and increasing importance of Spanish commerce were regarded with
jealous eye by other European powers. Exaggerated accounts of the wealth of conquered
cities and provinces on the Pacific coast were extensively circulated; and adventurous
spirits of other nations determined to share in its wealth. Spain relied upon the grant
of the sovereign Pontiff to secure to her the unmolested occupancy of her American
possessions. England had thrown off allegiance to Rome. Queen Elizabeth "repudiated
any title in the Spaniards by donation of the Bishop of Rome to places of which they
were not in actual possession ; and she did not understand why either her subjects or
those of any European prince should be debarred from traffic in the Indies." Francis
Drake, a young man, had already distinguished himself in predatory voyages to the West
Indies. He had crossed the Isthmus of Darien, looked upon the Pacific, and' had made the
resolution to sail upon that mighty sea. He proposed to the Queen a voyage into the
South Sea, through the Strait of Magellan. No Englishman had yet made such a voyage.
Queen Elizabeth favored the project and furnished the outfit. Drake's vessel, named the
Pelican, loo tons, the Elisabeth^ 80 tons, the Marigold^ 30 tons, with two pinnaces and
166 men, constituted the expedition which sailed December 13, 1577, from Plymouth.
The two pinnaces were broken up before reaching the Strait of Magellan, which was
entered on the 20th of August, 157S. Before passing through he changed the name of
his vessel to the Golden Hind. On the 6th of September the Marigold parted company
and was never heard of afterwards. The Elizabeth did not pass through the strait, but
deserted Drake and returned to England. Alone in the Golden Hind., Drake, on the 25th
of September, sailed out of the strait into the open Pacific, and, heading northward
pursued his voyage along the Spanish-American coasts from Chile to IMexico, seizing
and sacking defenseless ships and towns. His vessel filled with booty, to avoid
encountering Spanish cruisers liable to be met should he returu by the Strait of
Magellan, Drake sought a northern passage into the Atlantic Ocean. He sailed
northward to forty-three degrees north, where, as detailed in the narratives of the
voyage, " the men being thus speedily come out of the extreme heat, found the air so
cold, that, being pinched with the same, they complained of the extremity thereof." He
then steered east, made the coast, and sailed southward in search of a harbor, until the
7th of June, " when it pleased God to send him into a fair and good bay, within thirty
degrees toward the line." In this bay (i) Drake remained five weeks, refitted his vessel,
and took possession of the country in the name of Queen Elizabeth, calling it New
Albion. He then sailed for England by way of the Cape of Good Hope, and arrived
at Plymouth on the 27th of September, 1560.
(I) Is this the Bay of San Francisco? Humboldt places Drakes B.av in thirtv-eight degrees, ten minntes— the Pnerto de Bodega of Spanish
maps. Later authorities fixed his port under the lee of Point Reyes, thirty-seven degrees, fifty-nine minutes, five seconds The adiacent cliffs
being white, resembling the coasts of England in the neighborhood of Dover, suggested the name. New Albion. The latitude of San Francisco
Bay, thirty-seven degrees, fifty-nine minutes, Drake's continuing in the bay thirtv-six days, the white appearance of highlands warrant the
opinion that Drake found that " fair and good bay " in.side the Golden Gate. Its entrance was first seen by Ferrello March % 154^ 'who running
down the coast before a strong north wind, saw what he suppo.sed to be the mouth of a great river. Governor Caspar de P'ortola' in 1^60 made
land discovery of the bay. Prof Davidson, of the U. S. Survey, the best authoritv, says : " Drake's Bay is the Port Francisco of the Spaniards of
about 1595. It was certainly known before the time of Vizcaino, who, having separated from his tender, sought her in Port Francisco- and
according to Venagas account, to see if anything was to be found of the San Augustine, which, in the year 1595. had by order of his Majesty and
the Viceroy, been .sent from the Philippines by the Governor to survey the coast of California, under the direction of Sebastian Roderiquez
Cennanon, a pilot of known abilities, but was driven ashore in this harbor by the violence of the wind ; and among others on board the San
Augustine was the pilot Francisco Valanos, who was also chief pilot of .the squadron. This pilot recognized the bay as being that where he was
wrecked." (Coast Pilot, p. 77.)
18 HISTORY OK PACIFIC XORTHWRST — OREGON AND WASHINGTON.
Two narratives were published of this voyage, viz.: " The Famous Voyage of Sir
Francis Drake, by Francis Pretty, one of the crew of Drake's vessel, written at the
request of and published by Hakluyt, in 1589," and "The World Encompassed, by Sir
Francis Drake, collected out of the notes of Mr. Francis Fletcher, preacher in his
employment, and compared with divers others' notes that went in the same voyage."
According to the " Famous Voyage," the northern point of the x^merican continent seen
by Drake was the forty-three degrees north. In " The World Encompassed," forty-eight
degrees north is claimed. On this discrepancy very much argument has been caused.
Upon its proper settlement very much was thought to depend in the protracted
negotiations between Great Britain and the United States as to their respective claims
to Oregon Territory. The treaty of June 15, 1846, which recognized the title of the
United States to the territory south of forty-nine degrees north, divested the matter of any
significance in a political or international view. The contention is very ably maintained
by Messrs. Greenhow and Twiss, in their treatises on the Oregon question. Were the
expression of an opinion necessary, it would be that the weight of probability and
authoritv establishes that Sir Francis Drake never saw the coast of Northwest America
north of forty-three degrees north latitude.
Drake's successful piratical cruise is noteworthy as the second circumnavigation of
the globe, the first by an Englishman. It occupied two years and ten months. The
Queen long hesitated to recognize the achievements of this renowned freebooter, fearing
such recognition might lead to complications with Spain. Finally she honored Drake
with knighthood, proclaimed her entire and heart}' approval of his every act, and directed
the preservation of his cruiser, Goldoi Hind, " that it might remain a monument of his
own and his countr^-'s glory."
On the 31st of July, 1586, Thomas Cavendish, with three small vessels, sailed from
England. He passed through the Strait of Magellan, cruising along the coasts of Chile,
Peru and Mexico, burnt and sunk nineteen ships, the last of which was the Santa Ana,
off Cape San Lucas. He returned to England by way of Cape of Good Hope, arri\ing
September 9, 1588, having made the circumnavigation of the globe in two years and fifty
days. It is chronicled that his sailors were clothed in silks, his sails were damask, and
his topmast covered with cloth of gold. This cruise was the third circumnavigation ; its
only contribution to geographic knowledge was the 'discovery and naming of Port Desire,
on the east coast of Patagonia.
The increasing commerce between Mexico and the Philippine Islands demanded a port
of refuge on the California coast, in a higher northern latitude. Correct charts for vessels
engaged in voyages between Mexico and the East Indies had become a necessity, and
required accuracy of knowledge. In 1595, Philip II. ordered Count de Monterey, Viceroy
of Mexico, to explore and seize California, and to make an extended and minute survey of
the coast from Acapulco to Cape Mendocino. Sebastian Vizcaino was selected for the
service. In the spring of 1596, three vessels under his command sailed from Acapulco,
crossed the Gulf of California, and attempted to establish a settlement to which \'izcaino
gave the name of La Paz in compliment to the natives for their peaceable reception of the
expedition. Within the year La Paz was abandoned and Vizcaino returned to Acapulco.
Wlien Philip III., who ascended the Spani.sh throne in 1598, had learned of this result, he
issued peremptory commands on the 27th of September, 1599, for the survey of the coast on
the ocean-side of the peninsula of California. With the greatest zeal the Viceroy entered
upon the duty. The preparations were upon a grander scale than had been previously
VOYAGES OF VIZCAINO. 19
made in Mexico. All the requisites for the acccomplishment of the enterprise were
liberally supplied. Pilots, priests, draftsmen, soldiers, were engaged, in addition to full
crews of selected seamen. Friar Antonio, chaplain to the x^dmiral and journalist of the
expedition, pronounced it the most enlightened corps ever raised in New Spain. To
Vizcaino was assigned the command, and upon him was conferred the title and office of
Captain-General of California. The fleet consisted of three large ships, the San Diego^
San Tomas and Tres Reyes. To Admiral Toribbeo Gomez de Corvan was intrusted the
navigation. The fleet, which set sail from Acapulco June 2, 1602, commenced the sur\'ey
of the coast at Cape San Lucas. On the loth of November, San Diego was surveyed.
On the 1 6th of December was discovered and named the Bay of Montere}^, in honor of the
Viceroy. From Monterey, one of the ships was sent back to Acapulco; eighteen days
later the other two vessels sailed north. Twelve days after leaving Monterey, the San Diego
passed Port Francisco; but the smaller vessel having separated, the ship returned to that
port to await the arrival of her consort. On the 12th of January, 1603, the ships reached
Mendocino. Scurvy had made sad havoc with the crews. There were but six able to be on
deck. On the 19th a high headland and snowcapped mountain, in latitude forty-two
degrees north, were discovered. It being the eve of St. Sebastian, Vizcaino gave to this
cape the name Blanco de San Sebastian (i), the northernmost point reached by Vizcaino's
ship. He turned southward, coasted inshore, observing the land, and arrived at Acapulco
March 21, 1603.
The smallest vessel, commanded by Antonio Flores, Martin de Aguilar, pilot, doubled
Cape Mendocino, and continued north to the mouth of a river forty-three degrees north.
Farther north than Monterey's instructions had warranted, with a crew hopelessly
disabled b}' scurvy, Flores turned southward for Acapulco.
After his return to Mexico, Vizcaino endeavored to induce the Viceroy to establish
colonies. Failing in his efforts, he went to Spain and obtained from Philip III. a grant of
thfese regions, with privilege to establish colonies. His death in 1609 defeated the
colonization project.
With the Vizcaino expedition, Spanish exploration of the North Pacific was for the
time discontinued. This was a natural result of the condition of affairs rather than
attributable to change of policy. New Spain or Mexico was in direct communication with
the Spanish East Indies. By the isolation of Mexico, Spain was more likely to remain in
the uninterrupted and unmolested enjoyment of her East India trade. If a northwest
passage should be discovered, it would but open the door and encourage the entry of
piratical cruisers, to pray upon the Spanish commerce of the Pacific. Drake and
Cavendish had passed through the Strait of Magellan ; other pirates could follow. How
infinitely worse for Spanish-Pacific interests and her East India commerce would be a direct
channel from the North Atlantic to the Pacific, than the tedious, long and dangerous
.voyage through the Strait of Magellan. To Spain, the discovery of the northwest
passage had at this time ceased to be a desideratum as a promotive of Pacific commerce.
(i) The Cape Orford of Vancouver.
Chapter III.
(1613-1779.)
CaiMJ Horn Discovered hy the Dutch— Theories for EtTecting Direct Coiiiimmication
Between the Athmtic and Pacific Oceans, or Between Western Europe and the
East Indies — Russian and Siberian Voyages in the North racific,aud Discoveries
on tlie Northwest Coast of America.
UNDER the name of tlie Southern Company, in 1613, Isaac Le Maire, a wealthy citizen
of Amsterdam, associated with himself Captain William Schouten, a native of Hoorn,
an experienced navigator. From the States-General of Holland, they secured the privilege
of making voyages of discovery. The proposed destination of their vessels was concealed
from other merchants and the seamen employed. Schouten (Jacob Le Maire, a son of his
partner, accompanying as supercargo) sailed from the Texel, June 14, 161 5, in two
vessels, the Eendracht and Hoorn. Both ships reached Port Desire in safety; but in
careening the Hoorn was burned.
On the 13th of Januar}-, 1616, the Eendracht sailed southward. On the 20th she
passed the latitude of the Strait of Magellan. On the 24th, the easternmost point of
Terra del Fuego was made, which Schouten named Statenlaud. On the 30th he passed
the extreme southern cape of South America, and nominated it Horn, or Hoorn, in honor
of his birthplace. On February 3d, the greatest southern latitude (fifty-nine degrees,
thirty minutes) was reached. Standing northwest, on the 12th, the western outlet of the
Strait of Magellan had been passed. This expedition had doubled the continent of South
America b}' a newl}^ discovered route from the Atlantic to the Pacific Ocean. It had
determined that vessels could reach the Pacific Ocean without the delay or risk of the
passage through the Strait of Magellan. Spanish cities on the western coasts of Mexico,
Spanish commerce upon the Pacific, had ceased to be exempt from armed cruisers of nations
at war with Spain.
Whether an}- channel existed by which the voyage from European countries to the
East Indies could be rendered less tedious and perilous, than by doubling the Cape of
Good Hope or the South American continent, still continued the prominent problem in
commerce and navigation.
The construction of a canal across the Isthmus of Suez, between the Red Sea or Gulf
of Suez, and the Mediterranean, thence through the Red Sea and Strait of Babelmandel
into the ocean, though several times commenced, had as often been abandoned. Equally
fruitless has been the project of a canal across the Isthmus of Panama connecting the
Atlantic and Pacific Oceans. Abandonment of those schemes was succeeded by other
theories for securing directness of communication, viz. : first, from Europe to the Northwest,
into the supposed open sea of North America and thence into the Pacific Ocean; second,
sailing in a northeast direction into the open sea north of Europe and Asia, through which
the North Pacific Ocean might be reached.
In the development of the latter theory, Russian navigators performed the most
prominent part. By their voyages was demonstrated a continuity of sea north of Europe
( 20 )
COL. M, T.SIMMONS,
J.B.GAGNIER.
GEO.W. EBBERT.
->'?PIDNEER TRAPPERS and SCOUTS.
RUSSIAN AND SIBERIAN VOYAGES IN THE NORTH PACIFIC. 21
and Asia into the Pacific Ocean, the separation from North America, and the distance
between the Eastern and American continents. As early as 1647-8, voyages had been
made from the Siberian town of Jakutzk (Yakoutsk, on the river Lena) to the
northeastward of Siberia. The isthmus between the Arctic Sea and Gulf of Anadir (then
called Tschukotzkoi Noss), had been circumnavigated and the peninsula of Kamtchatka
reached. Miiller, of the Royal Academy of St. Petersburg, asserts that in 1736 he
inspected the records of the tOAvn of Jakutzk, and they established bej^ond doubt that such
voyages had been made. The year 1636 marks the commencement of the navigation of
the frozen sea eastward from the mouth of the Jakutzk or Lena river. The rivers Jana
( Yana) , Indighirka, Alasea and Kolyma were successively discovered. The first expedition
of the two vessels, under the direction of Isai Ignatief, eastward from the Kolyma river
(Kolimskoi) in the year 1646, found the sea full of ice, but a free navigable channel inshore,
in which they sailed two days. In 1647, ^ larger party, in four half-decked vessels, made
search for the month of the Anadir, but encountering too much ice returned. On the
20th of June, 1648, another expedition, commanded by Samoen Deschnew, rounded the
eastern extremity of the land of Tchuktchi (East Cape of modern* geography), reached
the mouth of the Anadir, and the peninsula of Kamtchatka. As the Anadir river could
be reached more expeditiously overland, the further prosecution of these Siberian voyages
was abandoned.
In the early part of the eighteenth century (1711), northern Asia (Siberia) and
Kamtchatka had been conquered and merged in the Russian Empire. Peter the Great,
in the latter part of his reign, devoted his attention to the lately acquired provinces of
Eastern Siberia. Scientific men at Petersburg urged that the question should be
determined whether Asia and America were separate continents. Peter entered into
the solution of the problem with great zeal. He drew up instructions in his own
handwriting, and in person delivered them to Captain Vitus Behring, an officer of Danish
birth, serving in the Russian navy, whom he had selected to command the expedition.
The project of the Czar embraced an examination of the navigation of the whole north
coast of Asia, to accomplish which he ordered two vessels to sail forthwith from
Archangel to the icy sea. That expedition was barren of profitable result. One vessel
was hemmed in by ice and disabled ; the other was never heard of after leaving port.
The purposes of the Czar as to northeastern discoveries fully appear in the instructions
to Captain Behring :
" I. To construct at Kamtchatka, or other commodious place, one or two vessels ;
" 2. With them, to examine the coasts to the north and toward the east, — to see
whether they were not contiguous with America, since their end was not known ;
" 3. To see whether there was any harbor belonging to Europeans in those parts ;
" 4. To keep an exact journal of all that should be discovered, with which the
commander was to return to St. Petersburg."
On the 25th of January, 1725 (but a few days after Behring had received his
instructions), Peter the Great died. On the 5th of February, Empress Catherine, his
widow and successor, and the Senate, confirmed Behring's appointment and approved the
orders. Behring, accompanied by the officers and crews for two vessels and shipwrights
and mechanics, who w^ere to build the vessels, immediately left St. Petersburg, traveling
overland to Okhotsk, Siberia. At that place the first vessel was to be built which was to
transport the company and their supplies to Kamtchatka, where the second vessel was
22 HISTORY OF PACIFIC XORTHWEST — OREGON AND WASHINGTON.
to be constructed. From thence the expedition was to sail. In midsummer of 1728 the
two ships were ready for sea. The vessel built at Okhotsk was called the Fortnna.
Behring's vessel, the Gabriel, was built at Kamtchatka, and accommodated a crew of forty
men with necessary provisions for a year. Behring, in his journal, thus states his
instructions : " I was ordered to inform myself, among other matters, of the limits of
Siberia, and particularly if the eastern corner of Siberia was separate from America."
Tschirikow and Spaugberg, both of whom subsequently acquired great reputations,
accompanied Behring.
The results of that voyage are thus briefly summed up by its distinguished
commander: "On the 14th of July, 1728, we sailed from the river of Kamtchatka, tracing
the eastern coast of Kamtchatka towards the north. On the 8th of August we arrived in
latitude sixty-four degrees, thirty minutes north, and eight men came rowing towards
us in a leather boat. They told us that all the mainland, at no great distance from us,
extended toward the west. They said that there was a small island before us, to which
we afterwards came. We named it the Isle of St. Lawrence. On the 15th of August
we arrived to latitude sixty-seven degrees, eighteen minutes, but we went no farther,
because it appeared to me that I had fulfilled the instructions which had been given to
me ; for beyond we could discern no land to the north, neither towards the east. And
besides, if we had sailed farther, and had afterwards found a contrary wind, it would have
been impossible for us to have returned in the same summer to Kamtschatka; and it
would have been hazarding too much to pass the winter in a country where there is no
wood, and in the middle of a people who are under no subjection or rule."
Behring and his officers, fully persuaded that they had ascertained that Asia and
America were separate, returned to the river Kamtchatka, where thej' arrived on the
8th of September. Miiller observes, in regard to this voyage : " Our ofiicers frequentl}^
heard relations of the inhabitants of Kamtchatka, that were important enough to merit
their observation; since, according to them, a country must be at no great distance towards
the east, the discovery of which, and following its coasts afterwards, was their duty. They
themselves had not observed such great and high waves, as in other places are common
in the open sea ; they had seen fir trees swimming in the sea, tho' they do not grow in
Kamtchatka. Some men assured them that the}- had seen this nearly situated land, in
clear weather, from the elevated coasts of Kamtchatka."
In honor of this voyage, the channel of sea separating the two continents through
which Behring sailed is known as Behring's Strait. Behring renewed bis voyage on the
5th of June, 1729, laying his course more to the east; but adverse winds prevented his
leaving tlie coast a greater distance than about 200 versts (i). Meeting no land he sailed
back, and steered around the south promontor}' of Kamtchatka, the proper situation and
form of which he described in his map, and returned by sea to the mouth of the river
Bolschaia, whence he went to Okhotsk, on the 23d of July. He then returned to St.
Petersburg, where he arrived March i, 1730.
A Japanese junk had been stranded July 8, 1829, ^^po" the coast of Kamtchatka.
All of the crew except two were murdered by the Kossacks. The survivors found their
way to St. Petersburg, and were the occasion of projecting a voyage to Japan. This wreck
had established the fact that the sea adjacent to Kamtchatka was navigable through the
waters of an intermediate sea (the Pacific Ocean), to the waters surrounding Japan.
(I) The Russian vcrsi is about two-thirds of a mile, or 1,167 yards.
RUSSIAN AND SIBERIAN VOYAGES IN THE NORTH PACIFIC. 23
While Captain Behriiig had been engaged in this exploration of the Siberian coast,
Col. Schestakow, chief of tlie Jakutzk Kossacks, proposed to the Russian Empress:
1. To reduce the Tchuktchi to submission to Russian authority;
2. To discover the extent of their country ;
3. To undertake the discovery of the land opposite of their country ;
4. To examine the Schantarian Isles.
With him was associated Capt. Dimitri Paulutzki of the Dragoons. He had 400
Kossacks under his command with authority to draw reinforcements from the Siberian
garrisons. Arrived at Okhotsk he there found the ships Fortuna and Gabriel. A
detachment in command of Ivan Schestakow was ordered to embark on the Gabriel with
instructions to examine the Schantarian Isles, after which to proceed, to Kamtchatka.
Col. Schestakow, on the Fortuna, sailed for the Gulf of Penschina. She was cast away, and
a number of her crew perished. Being reinforced, Schestakow started by land for Penschina
with 150 men. His force was surrounded March 14, 1730, by hordes of the Tchuktchi,
and he killed with an arrow. Those who were not slain sought safety in flight. Three
da^'S previous to the rout of Schestakow, he had sent orders to Krupischew, a Kossack
officer at Taviskoi, to equip a vessel, sail around the south end of Kamtchatka, and coast
northward to the sea of Anadir. Gwosdew, the surveyor, was instructed to accompany the
voyage. In a vessel constructed from the wreck of the Foriutia, they put to sea. The
knowledge of the results of the Schestakow expedition is ver^- meager.
Miiller observes : "We only know that, in the j-ear 1730, Gwosdew, the navigator,
was actually between sixt3--five and sixt3'-six degrees of north latitude, on a strange coast
situated opposite, at a small distance from the country of the Tchuktchi, and that he found
people there, but could not speak with them, for want of an interpreter. De Lisle relates that
Captain Paulutzki arrived at the Anadir Sea coast, in September, and about the same time
the Fortuna arrived with Gwosdew and Krupischew. That Paulutzki, on learning of
Schestakow's defeat, ordered the Fortuna to sail to the river Kamtchatka, to take on board
the remainder of the provisions left there by Captain Behring, and with them sail to the
Tchuktchi coast" — these orders were executed in the summer of 1731 — "at which time
Gwosdew and Krupischew were on the Tchuktchi coast, where the}- supposed was the
Serdze Kamer (a rock so named from its shape having some resemblance to that of a
heart). But the}- did not meet with Paulutzki, nor did they learn any tidings of him.
They remained on the Tchuktchi coast till a gale of wind forced them from the point which
was the ne plus ultra of Captain Behring in his first voyage. They then steered to the
east, where they found an island, and beyond it a land very large. As soon as they had
sight of this land, a man came to them in a little boat like those of the Greenlanders.
They could only understand from him that he was an inhabitant of a large country where
were many animals and forests. The Russians followed the coast of this land two whole
days to the southward without being able to approach it, when a storm came on and they
returned to Kamtchatka. By this navigation was completed the discovery of Behring's
Strait." Captain Paulutzki made a land march against the Tchuktchi, overcame them,
avenged the death of Schestakow, and triumphantly marched across the peninsula. He
then attempted to execute the orders of Schestakow, the ascertaining of the limits of
Siberia. But after a four months' march, finding the coast of the Icy Sea unexpectedly
take a northerly direction, he abandoned the further examiiration of the coast-line and
turned inland to Fort Anadir. The voyage of Krupischew and Gwosdew created great
interest in Europe. The proximity of America to Asia was regarded by the Russians as
a most valuable discovery.
24 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
On the lyth of April, 1732, the Russian government issued orders "to make voyages
as well eastward to the continent of America, as southward to Japan, and to discover if
possible at the same time, through the frozen sea, the north passage, which had been so
frequently attempted by the English and Dutch." Behring, now a commander, — Spangberg
and Tschirikow, captains, were assigned to the service. Aliiller volunteered to accompany
as far as Siberia, to describe the civil history of that region, the manners, customs and
traditions of that people. Professors Gmelin, Louis de Lisle de Croyere and Steller were
of the scientific corps. While the vessels were being built for voyages to Northwest
America, the coasts of Kamtchatka and northwest Asia were thoroughly examined.
In 173S, Captain Martin Spangberg examined the Kurili Islands. In 1739, Spanberg,
in the SL Michael, Walton, in a double shallop, the Gabriel and a small yacht, made the
voyage to Japan. The building and fitting out of Spangberg's ship delayed the expedition
to Northwest America. Two ships, the St. Paul and St. Peter, were built at Okhotsk for
the voyage of discovery. The smaller vessel was designed for a crew of seventy men.
The St. Paul was commanded by Behring, the St. Peter by Captain Alexer Tschirikow.
In September they left Okhotsk to winter in Awatscha Bay. George William Steller, as
physician and naturalist, and Louis de Lisle de la Croyere as astronomer, accompanied.
They sailed from Awatscha Bay June 4, 1741. The vessels remained in company till the
20th of June, when the}- separated in a storm. Attempts to find each other having failed,
each sailed easterly to reach the American continent. Miiller writes :
"Nothing particular happened till the i8th of Jul}', when the captain-commander
(Behring), after having given orders for steering more and more northerly, got sight of
the continent of America in fifty-eight degrees, twenty-eight minutes north latitude.
Captain Tschirikow reached the same coast three days before, viz.: on the 15th of July, in
fifty-six degrees north latitude. The coast made by the latter was steep and rocky, and
he anchored at some distance from the shore. To examine the country, as well as to
obtain a supply of water, Tschirikow dispatched his mate with ten well-armed men.
They rowed into a bay behind a small cape, but not returning to the ship after a lapse
of several days, it was surmised that the boat might have been disabled. On the 21st
of July, the boatswain with six men, including carpenters, together with necessary
materials, were sent to their assistance. Neither boat returned. The next day two
canoes approached from the land. Expecting the return of their missing companions, all
were on deck to greet them. The Indians, as they proved to be, still a great distance
off, seeing the Russians so numerous, ceased rowing, stood up, and crying out with a
loud voice, 'Agai, Agai!' speedily returned towards the shore. Tschirikow had no more
small boats and was unable to approach nearer the shore with the ship. A strong west
wind arising, he was compelled to get clear of the rocky coast. He again stood inshore
as soon as it was safe, to the place where his men had gone. But he never saw nor heard
anything of them. The officers held a council July 27th, and resolved to return at once
to Kamtchatka. On the 9th of October they entered Awatscha Bay. Of the seventy
men with whicli they sailed twenty-one had died. M. de Lisle de la Croyere, who had
been in a lingering condition, impatient to be landed, fell dead upon the deck on the
arrival of the ship in port. Of the fate of the two crews nothing was ever definitely
known (i).
(I) Chevalier dePoletica, Russian Minister al Washington in i8j2. in a dispatch to the American Secretary of State says that in 1780 the
oPe'i'.;?.,' "^Z^CJZ'':,': Z'ST'^iY ^\ ""^r '^'-'i^ ^"""1' ;" '"! ""i""i"^ finyeight and fifty-nine degrees, " Russian establishm-ents to the number
o( ci^^lain ■ -ihiVFlcoV wh^ twenty fam.hes and four hundred and sixty-two individuals. These were the descendants of the companions
01 Captain tschirikow, who were supposed till then to have perished."
I > ?•,'■'
GENL ISAAC I.STEVENS.
FIRST GOV. WASH. TER.
DISCOVERIES ON THE NORTHWEST COAST OF AMERICA. 25
Behring, in the S/. Pa?t/, neared the coast with the view of examining it, as also to
secure a supply of water. He found that the country had terrible high mountains that
were covered with snow. He sailed towards it ; but only small, variable breezes blowing,
he could reach it no sooner than the 20th of July, when, under a pretty large island, not
far from the continent, he anchored in twent3^-two fathoms of water and a soft clayey
bottom. A point of land which there projects into the sea they called St. Elias's Cape, on
account of its being St. Elias day. Chitrow, the master of the fleet, and Miiller, went
ashore. Empty huts formed of smooth boards were found, in one of which was a small
box of poplar and a whetstone on which copper knives had been sharpened. In a cellar
to one was a store of dried salmon. Ropes and household furniture were scattered around.
Appearances indicated that the natives had suddenly decamped on the approach of the
Russians."
Behring's determination was to have followed the coast to the northward, but he found
this impossible, as it soon commenced to extend southwest, and " they met with continual
hinderances from the islands, which were ver}' thick, almost everywhere about the
continent." On the 30th of July Foggy Island was discovered. On the 29th of August
they again made the continent, in fifty-five degrees north, and before it found a multitude
of islands, between which they anchored. They were called Schumagin's Islands, the
name of the first of the ship's company who had died upon the voyage and was there
buried. Andrew Hesselberg, pilot of the expedition, was sent to one of the largest of
this group in search of water. He returned with two samples, both of which were
brackish. The water was almost exhausted ; this brackish water might serve for cooking,
and thus economize the small supply remaining. Adopted through necessity as better
than none, a quantity was taken on ship, and to its use Steller attributed the diseases
which afterward so grievously afflicted the crew. Again setting sail westward, a fearful
storm was encountered, which continued seventeen days. Occasionally seeing land, but
not daring to approach, tempest-tossed for many days, Behring, the gallant commander,
hopelessly ill, many of the crew disabled with scurvj' and other distempers, the supply
of water about exhausted, and the ship almost entirely unfit for continuing the voyage,
on the 31st of October they made an island, and (November 5th) secured an anchorage.
Abandoning all hope of reaching Kamtchatka so late in the season, the}' went into
winter quarters. On the 9th of November Commander Behring was carried ashore upon
a litter.
He dail}' grew worse ; " the place yielded little of antiscorbutic quality. The herbage
that grew on the island was hidden under snow ; and, if that had not been the case, the
Russians in that part of the world were little acquainted with the value of vegetables as
antiseptics." The commodore died on the 8th of December. Miiller says : " He was a Dane
by birth, and had made voyages both to the East and West Indies. He was a lieutenant in
the Russian service in 1707, and captain-lieutenant in 17 10. It is a subject of regret that
his life terminated so miserably. It may be said that he was almost buried whilst alive,
for the sand rolling down almost continually from the side of the cavern or pit in which
he la}^, and covering his feet, he at last would not suffer it to be removed, saying he
felt warmth in it when he felt none in other parts of his body ; and the sand thus gradually
increased upon him till he was more than half covered, so that when he was dead it was
necessary to unearth him to inter him in a proper manner." In honor of Behring, the
island where his remains are entombed bears his name, — is his monument.
26 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The S/. Paid shortly afterwards went to pieces, but the material was carefully saved
b}' the survivors aud reconstructed into a small craft, in which they found their wa}'
back to Petropaulovski, on the bay of Awatscha. Before their departure from this island,
so gloomy in its memories, thirt}- of the crew had been consigned to the grave. On the
27th of August, 1743, all that remained of the crew of the Si. Paul reached Kamtchatka
after an absence of fifteen months. During much of the time the}' had suffered the
greatest privations. Compelled, while sojourning on Behring's Island, to subsist upon sea
animals which there abounded, and to use the skins as a protection against the rigors of
the climate, such skins as were preserved and brought by them to Kamtchatka were
purchased \>y the Siberians with great avidity, at handsome prices. The misfortunes and
necessities of Behring's crew demonstrated that the North Pacific coast was prolific in most
valuable furs. That memorable voyage opened to commerce a new and important feature.
It gave origin to the Russian fur trade, to the Russian establishments on the northwest
coast, — to the Russian claim to Northwest America, which was limited on the south by
the northern line of Spanish discoveries.
Chapter IV.
(1683-1770.)
Spanish Settlements on the Coast of California — Jesnit Missionary Conquest of Lower
California — Expulsion of the Jesuits by Charles III. — The Franciscans Establish
3Iissions in Upper California — Inland Discovery and Settlement of San Diego,
San Francisco and Monterey — California a Department of Spain, its Northern
Boundary Undefined.
THE Spanish government had long been anxious to occnp}- and establish settlements
upon the coast of California. This desire increased with the growing importance of
Manilla commerce. Ports of refuge were not only demanded for the vessels engaged in
the Philippine trade, but these bays and inlets, so long as the}- remained unoccupied, proved
but so many convenient places of concealment for piratical cruisers infesting the Pacific
Ocean to prey upon Spanish galleons returning from the Philippine Islands with their rich
East India cargoes. Colonies if established would not only securely perpetuate Spanish
dominion over the contiguous inland territories, but would render these bays valuable as
harbors. Buccaneers would cease to resort to them as resting places and recruiting
stations.
In 1683, an expedition consisting of soldiers, priests and colonists was placed under
the command of Don Isidro de Otondo, accompanied b}^ Father Kuhn, a German Jesuit
(called by the Spaniards Kino), acting under a special warrant from the King of Spain
authorizing the spiritual conquest of California. They sailed up the Gulf of California,
distributing themselves at various places on the western side. Kino established his
headquarters at La Paz. After three 3^ears of mingled success and discouragement, the
project was abandoned.
The Viceroy of New Spain then offered the Jesuits an annual subsidy to undertake
the reduction of California by the conversion of its native population. This was declined,
but the chapter agreed to furnish necessary missionary aid to accompany any expedition
or colonization project. Father Kino, though unsuccessful in planting a permanent colony
under Otondo's leadership, had dedicated his life to the pious resolution of conquering
California for the church. In furtherance of his purpose, he accepted the appointment of
Superintendent of Missions of Sonora.
He then secured as a co-laborer Father Salva Tierra, equally zealous with himself.
The Fathers preached and exhorted the people, and labored with those in power. In 1697,
Salva Tierra was clothed with authority by the Jesuits to raise contributions for the spiritual
conquest of California. He enlisted Father Ugarte, professor of philosophy in the College of
Mexico, who consented to remain in Mexico and act as agent. Salva Tierra with a small
party crossed the Gulf of California, and established the mission of Loreto, on the 25th
of October, 1697, ^"^ took possession of Lower California in the name of the King of
Spain.
In a short time several missions were founded, all of uniform character, consisting of
a church, a storehouse and a fort. The Indians were persuaded to labor for their own
( 27 )
28 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
maintenance, and to accept instruction from the missionary. The Fathers discouraged any
immigation from European countries, thus avoiding any interference with the exclusive
management of the missions and the natives surrounding them. Within the first half of
the eighteenth century, their establishments extended at convenient distances apart, from
the southern extremity of the Gulf of California, along its eastern half, to the mouth of
the Colorado. A learned author thus accounts for their success in molding the native
population to their wills;
" The Jesuits, superior to the rest of mankind in the art of persuasion, and laboring
for themselves, made an incredible progress in their designs. At the end of fifty years,
and to the disgrace of the other colonies, the country' of the missionaries was filled with
villages, the Catholic faith was triumphant, and the savages, civilized and happy, and
subject to the wisest of governments. No people on earth were more contented; labor and
property were all in common. There were neither rich nor poor, nor dignities, nor great,
nor little ; there w-as no inequality whatever, and consequently neither avarice, ambition
nor jealously; every one contributed equally his portion of labor, and received an equal
remuneration from it. Every village was one numerous family, of which the Jesuit was
the father; and the societ}' itself was the mother of this happy republic."
But this very success provoked a jealous suspicion which occasioned their downfall.
While they received but little countenance or aid from the government, they brought no
revenue, contributed no political strength. Their motives were questioned. It was denied
that they were actuated by religion or philanthroph}' ; and they were charged with being
selfish and mercenar}'. At length the order was accused of " endeavoring to establish an
independent empire in America, and that they had actually' labored to undermine the
authority of the European Sovereigns in Mexico, Peru and Brazil; that no fear of
consequences was capable of limiting the extent of its plan; because the societ}^ was
perpetually renewed, and had never been known to abandon any design which it had once
adopted; and that the general of the order had defended moral irregularities on his own
responsibility."
In 1767, the royal decree was proclaimed b}^ Charles III., King of Spain, by which
tlie Jesuits were expelled from his dominions. During their ascendency in Lower California,
thej' had acquired a mass of information as to the country, its geography, ethnology,
natural history, etc. In 1700, Father Kuhn had determined that Lower California was
a peninsula connected with the continent. True, de Ulloa had settled that geographic
problem as early as 1540; but it had been forgotten, doubted, denied. The charts before
Father Kuhn's di.scovery delineated the peninsula of California as an island. To it has
been ascribed the name Islas Carolinas, in honor of Charles III., King of Spain.
Upon the reception in Mexico of the royal edict banishing all Jesuits from Spanish
territory, their establishments, their property, their " Pious Fund " (that grand aggregate
of contributions from all sources, the treasury by which they supported their missions),
were all transferred to nineteen monks of the Order of St. Francis, of the College of San
Fernando, Mexico. Father Junipero Serra was created President of the Missions.
European nations had remained in ignorance of the result of Russian voyages in the
North Pacific Ocean until after the return, in 1749, from St. Petersburg to Paris, of Joseph
Nicholas de Lisle (i), the eminent French astronomer. In 1750, in a paper read by
de Lisle to the French Academy of Sciences, the world had become advised of the
. '■' J- N; d"^ I-'S'e was the youngest and most illustrious of three distinguished brothers. Guillanie. the eldest ' First Geographer " to King
Louis -W., died in 1726. Louis accompanied Behrillg in 1741, and died the same year, as stated in the preceding chanter Joseph the eminent
astronomer, geographer and author, died in 1758. » t- j j- .
REV.J.S. GRIFFIN
REV. C.EELLS, D.D.
•'-tTfVf
■'1 -^ ^ •»??TS>'^-*^^
REV. SAMUEL PARKER.
jg^_--^;;,i^^*'S^""'- -
REV. H.H.SPALDING. R E V. E . WA LKE R.
PIONEER CONGREGATIONAL) MISSIONARIES.
THE FRANCISCANS ESTABLISH MISSIONS IN UPPER CALIFORNIA. 29
discoveries in Northwest America by Behring and other Russian navigators. To Spain,
this intelligence caused great uneasiness. That government had just cause of fear that
Russia would push her discoveries southward and encroach upon Spanish claims.
Charles III. at once resolved upon vigorous measures to renew the exploration of
the western coast of America, extending voyages to high northern latitudes ; to occup}'
the vacant coasts and islands adjacent to New Spain ; to establish settlements for the
effectual securing to the Crown of those territories, the coasts of which had inured to
Spain by right of discover3\
With this object in view, the "Marine department of San Bias" was organized, to
whom was committed the supen-ision and control of all maritime operations. Don Jose
de Galvez had been appointed, in 1764, to the Council of the Indies. In 1765, as
Visitor-General, he was bearer to Mexico of orders from the King. One of those
instructions was to rediscover San Diego, and to occup}' it and the other harbors on the
coast. Galvez was also special agent of the Crown to see that these orders were executed.
In Father Junipero Serra, President of the Missions, he found a zealous auxilary in the
labor. The Franciscan Fathers were ready to undertake the formation of the settlements.
Without dela}- an expedition by land and sea was ordered. The ships were to transport
supplies and heavy articles, the land party to drive flocks and herds to the new settlements.
Two vessels, the San Carlos, Don Vicente Vila, and the Sail Antonio, Juan Perez, had
been supplied from San Bias, and were being equipped at La Paz for the voyage. All
were to start at different dates, but San Diego was the common destination. The San
Carlos sailed first on January 9, 1769. She carried sixty-two persons. She arrived at
San Diego on the ist of May, having lost all of her crew except the officers, cook and one
sailor bj- the scurv}-, that terrible scourge in those pioneer voyages. The San Antonio
followed on the 15th. With a loss of eight of her crew, she reached her port April nth.
A third vessel, the San Josi\ sailed from La Paz on the i6th of June, but was never heard
of after leaving port.
Gahez selected Gaspar de Portola, Governor of Lower California, Captain of Dragoons,
as leader of the land operations. With him was associated a second in command. Captain
Fernando Rivera y Moncado, who the fall preceding had made the tour of the northern
Jesuit missions, and collected men, provisions and two hundred head of cattle and horses
to stock the colonies. On the 24th of March, Rivera, with the first overland party, left
the northermost Mission, driving the stock. His party consisted of twentj^-five soldiers,
six packers and herders, a guide who acted as journalist, and a large number of converted
Indians. The party was accompanied by a Franciscan priest. On Ma}' 14th Rivera
reached vSan Diego.
Governor Portola, accompanied by Father Serra, with the first part}', left the
northermost Mission May 15th, and arrived July i, 1769, at San Diego. Father Serra,
with imposing religious ceremonies, took possession of the country in the name of the
King of Spain. Thus commenced at San Diego the first white settlement in Upper
California. On the i6th. Father Serra established the mission. On the 14th, with a party
of sixty-five persons, Governor Portola had started for Monterey to establish that Mission.
Passing by Alonterey without seeing it, he journeyed northward till the 25th of October,
when he reached the bay, to which he gave the name of San Francisco, in honor of the
patron saint of the order. Portola's party returned to San Diego, where they arrived
January 24, 1770, after an absence of over six months. In March, 1770, Portola again
marched northward and found Monterey. On the 3d of June, 1770, the San Antonio, with
30 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Father Junipero Serra, arrived; and possession of the bay and adjacent country was taken
in the name of the Sovereign of Spain. Portola then returned to Mexico to superintend
the formation of colonies for the new settlements.
Upper California, from San Diego to its northern line, between the coast and the
mountains, was almost entirely appropriated by the Missions, scattered throughout the
country sufficiently near to secure aid in case of an outbreak, but distant enough to form a
network embracing the whole region. Each Mission extended to and joined its neighbor.
The plan of settlement and construction was uniform. The site for the church and
buildings was located in the center of a large tract, generally about fifteen miles square.
All land fit for cultivation or grazing became the farm and pasturage of the Mission. The
church was built as massive and imposing as the funds would permit; and no pains nor
expense were spared in ornamentation. Near to it were the residences of the Missionary
Fathers. Close at hand were erected the buildings occupied by farmers, mechanics and
employes. All buildings were constructed of adobe, roofed with tiles of the same material.
There were also shops, storehouses, granaries and other necessary buildings. At a short
distance was the "Rancheria" or quarters for the converted natives who labored for and
lived at the Mission. Close bv those quarters was the garrison building or castillo, in
which were accommodated the guard of six or more Spanish soldiers, but which was also
designed as a place of retreat in the event of an outbreak.
In addition to guards and guard-houses to each Mission, presidios were established at
the four principal harbors: San Diego (1769), Montere}- (1770), San Francisco (1776) and
Santa Barbara (17S0). These presidios were inclosures from two to three hundred feet
square surrounded by an adobe wall twelve feet in height, surmounted by guns. Within
the inclosure were the church, storehouses, oificers' quarters and barracks. The
commanding officer was militar}- governor within his district, bound to assist the
missionaries if called upon, but not authorized to interfere with their management. As a
means of relief to the government of supplying these presidios with recruits and provisions,
pueblos or towns were established in the vicinity of the presidios, in which every settler was
entitled to a homestead, a two-hundred vara lot, with privileges of common and timber
lands. There were also three independent towns or pueblos, — settlements by the
discharged Spanish soldiers who intermarried with the natives. These were Los Angeles,
San Jose and Santa Cruz.
From the inauguration of the settlement by Galvez, in 1769, Upper and Lower
California were under the control of a military governor; while the settlements themselves,
except the presidios and the few independent pueblos, were purely missionary colonies, —
independent religious communities governed by the Father in charge. The two Californias
constituted a Department of Spain, its Governor being responsible to the Viceroy of Mexico.
The northern boundary as yet was undefined. Spain claimed as far north as her navigators
had sailed. Russia was pushing her voyages southward, and interposing a check to
further Spanish advance to the north.
Chapter V.
(1774-1779-)
Renewal of Spanish Exi)loration on the North Pacific — Voyages of Perez, Heceta,
Bodega and Arteaga.
IT HAD ever been the policy of the Spanish government to prevent the territories in
America adjacent to Spanish dominions, or such as had been discovered by Spanish
navigators, from being occupied by subjects of other European powers. In maintaining
that polic3% difficulties had been engendered between Spain and Great Britain, growing
out of the expulsion of British colonists from the Falkland Islands by the Spanish
Governor of Buenos Ayres. Spain, under the " family compact," appealed to France to
join her in resisting the encroachments of Great Britain. France declined to engage in
the controversy, but tendered her good offices as mediator. This offer was accepted, and
Avar averted. But Spain had learned that the necessity existed for the actual dominion of
the vacant coasts of North America, or the occupancy at least, in such a manner or to
such an extent as to justif}' the assertion of her right to exclusive possession.
Following the occupancy and settlement by Spain of the Californias, Spanish voyages
of exploration to the northern coasts were \igoroush- renewed. On the 25tli of January,
1774, the sloop of war Santiago sailed from San Bias, under command of Lieutenant Juan
Perez, with Estevan Jose Martinez as pilot. The orders of the Viceroy of Mexico to
Perez were: to sail northward to sixty degrees north; from there to survey the coast
southward to Monterey ; to land at convenient places, and take possession in the name
of the King of Spain. Perez went to Monterey from San Bias, from which port he sailed
for the north on the i6th of June. On the i8th of July he made the land in fifty-four
degrees north (Queen Charlotte's Island), and named the point Cape Santa Margarita. It
is the Cape North of modern geography. He rounded the cape and entered the channel
now called Dixon's Channel. Scurvy having appeared among the crew, his vessel
small and ill provided, Perez turned southward, coasting along the shore for about one
hundred miles, landing and trading with the natives, until driven to sea by a storm. On
the 9th of August he again made land, discovered and entered a bay forty-nine degrees,
thirty minutes north, which Perez called Port Lorenzo. Its present name is Nootka
Sound, the name of the native tribes inhabiting its shores. From Port Lorenzo, Perez
sailed south, Alartinez the pilot claiming that he saw, between forty-eight degrees and
forty-nine degrees north, a wide opening in the land, and that he gave to the point on its
south side the name Martinez. In latitude forty-seven degrees, forty-seven minutes
north, they beheld a snowcapped peak, to which Perez gave the name of Sierra de
vSanta Rosalia, the Mount Ol3'nipus of our present nomenclature. He passed Cape
Mendocino on the 21st of August, determined its true latitude, and on the 27th of August
arrived at Monterey. On the strength of this \oyage, the Spanish claimed the discovery
of the Strait, now called De Fuca ; and their charts named as Martinez the Cape Flatter}-
of modern maps. Through some unaccountable oversight, the Spanish authorities for
( 31 )
32 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
many years concealed the results of this and the succeeding voyages ; as a consequence,
navigators of other nations who made voyages subsequent in date to that of Perez ha\-e
received the honors justly earned by the expedition of Perez.
Upon the return of Perez, Bucarelli, \'iceroy of Mexico, ordered another expedition to
examine the coasts to sixty-five degrees north. Captain Bruno Heceta was assigned to
the Santiago. Perez accompanied as ensign. The schooner Sonora was to accompany,
with A}-ala as commander and Maurelle as pilot. The schooner San Carlos was to
proceed as far as Monterey. The master of the latter having become incapacitated by
illness, Ayala took command of the San Carlos, and Lieutenant Juan Francisco de la
Bodega y Quadra was transferred to the Sonora. Leaving the San Carlos at San Bias,
the Santiago and Sonora sailed north, and on the loth of June, in latitude forty-one
degrees, ten minutes north, anchored in a roadstead, to which they gave the name Port
Trinidad. Here they went ashore, took possession in the name of the Spanish Crown,
and spent nine days in repairing their vessels. They planted a cross, which was respected
by the natives, and still remained when Vancouver visited the coast in 1793. Leaving
Trinidad thev next made the land in forty-eight degrees, twenty-six minutes north. They
then cruised southward in search of the entrance of the straits, looking for it between
fort3--seven degrees and fortA'-eight degrees north, as laid down on Bellin's charts. These
examinations proved abortive. On the 14th of July, in latitude forty-seven degrees,
twenty minutes north, seven of the crew of the Sonora, in her only boat, were sent ashore
for fresh water. The men were well armed, but they were outnumbered by the natives
and all murdered. The Sonora herself was in imminent danger, having been completely
surrounded by the savages in their canoes, who made numerous unsuccessful attempts to
board her. To this place was given the name Punta de Martires (i); to the island near,
Isla de Dolores. This sad occurrence, the unseaworthy condition of the Sonora, and the
breaking out of scur\y among both crews, induced Heceta to desire to return to Monterey.
Perez, Bodega and Maurelle overruled him, and the vessels on July 20th again headed
northward. Shortl}' afterward a storm separated the little fleet. Heceta then turned
southward for Monterey, Bodega continuing the voyage northward.
Heceta first made the land August loth, in latitude forty-nine degrees thirt}- minutes
north. He passed without examination the land visited the A-ear previous by Perez. On
the 17th, being near the coast between forty-six degrees, ten minutes and forty-six degrees,
nine minutes north, he discovered a great ba}', the head of which he could nowhere
recognize. From the currents and eddies setting him seaward he could not enter it. He
believed it the " mouth of some great river, or a passage to another sea." At night the force
of the current set him far out to sea, and defeated his further examination. To the
northern headland he gave the name Cape San Roque; to the southern. Cape Frondosa;
to the ba}', Ensenada de San Roque ; the supposed river he nominated Rio de San Roque.
In compliment to Heceta, the baj' is named by Spaniards Heceta's Inlet. Heceta reached
Monterey August 30th, with two-thirds of his crew disabled by scurv3^
Bodega and Maurelle, after parting from Heceta, pushed out to sea, first reaching the
land August i6th, in latitude fifty-six degrees north. By Bellin's chart they had supposed
themselves to be about one hundred and thirty-five leagues off the American coast.
Heading east, they discovered a mountain in fifty-seven degrees, tw-o minutes north, which
they named San Jacinto (the Mount Edgecombe of Cook). The projecting land which it
(1) Captain Berkley twelve years later, in the Impetiat F.ogle, met with similar treatment of a boat's crew and bestowed upon the island
close at hand the name of Destruction Island. The roint of Martyrs is known as Point Grenville.
REV.J.L.PAFPRISH
i>fr < ''
i^^i^
REV. DAVID LESLIE.
REV.A F.WALLER.
REV.GUSTAVUS MINES. F?EY J. H.WILBUR.
PIONEER METHODIST MISSIONARIES.
VOYAGES OF BODEGA AND ARTEAGA. 33
occupied they named Cape Engano. The bay which flanked this cape on its north side
was called Port Remedios (Captain Cook named it the Bay of Islands). The south bay
was named Port Guadalupe. It is now known as Norfolk Sound. They anchored in Port
Remedios, landed, and in the name of his Spanish Majesty took possession of all those
northern seas and territories. On the 20th, the voyage was resumed; and, coasting north
until the 2 2d, they had reached fifty-eight degrees north. They then headed southward,
and on the 24th discovered an extensive bay on the west side of the largest island of the
Prince of Wales Archipelago, in latitude fifty-five degrees, thirty minutes north. This
they named Port Bucarelli, in honor of the Viceroy of Mexico. At Cape Santa Margarita,
the}' observed the channel to the north, to which they gave the name of Perez Inlet, in
honor of its discoverer the previous year. On the 3d of October, they discovered a bay in
latitude thirty-eight degrees north, on which Bodega bestowed his own name. Having
surveyed this bay, they sailed to Montere}^, and thence to San Bias, where they arrived
November 20th, after a cruise of over eight months.
Upon the results of this voyage becoming known in Madrid, they were regarded as of
the greatest importance. Orders were sent to the Viceroy of New Spain to have the
survey of the American coasts completed by the same officers. Viceroy Bucarelli at once
ordered a large ship to be built at San Bias, named Pruicesa, and another called Favorita
to be built at Guayaquil. The time consumed in building delaj-ed the departure of the
expedition until the first of the 3'ear 1779. Heceta being occupied with other duties, the
command of the Princesa was given to Captain Ignacio Arteaga. Bodega, with Maurelle
as pilot, commanded the Favorita. On the 7th of February, the expedition sailed from
San Bias directly for Port Bucarelli, where they arrived early in Ma^^. The surveying of
the bay, refitting the vessels and trading with the natives occupied nearly two months,
during which the adjacent shores were sur^-eyed with great care. On the ist of July they
pi'oceeded northward. Approaching near the land in a few days, Mount St. Elias became
visible. Then commenced a search westward for the northern passage into the Arctic
Ocean. Early in July, they entered an archipelago sixty degrees north, the largest island
of which was named Magdalena (i). The bay itself was named Ensenada de Regla (2).
On its western side was a good harbor, in which the ships anchored on the 25th; and
possession of the adjacent seas and lands was taken in the name of the Spanish King.
The harbor itself was called Port Santiago. From here boats were dispatched to explore
the surrounding islands and shores. Scurvy now made its appearance; provisions were
becoming short, and no success attended their search for a passage to the north. Arteaga
determined on returning to IVIexico. On the 7th of August, the expedition left Santiago,
eniered San Francisco October 15th, and arrived at San Bias November 21st. Fleurien
observes as to the results of this expedition: "They might have remained at San Bias
without knowledge in geography having sustained any loss by their inaction." The
voyage is notable as the last made for several years by the Spanish from Mexico to the
northern coasts of America. War having been declared between Spain and Great Britain,
in 1779, for the time suspended exploration.
(i) This Island was named by Captain Cook Montagne's Island.
(2) Prince William's Sound, as nominated by the English.
Chapter VI.
( 1776-1779.)
Great Brituin Turns Atteiiti<ni to Discoveries on the Northwest Coast of America —
Voyages of Captain James Cooli — Britisli Assertion of Claim to Discovery by Sir
Francis Drake of New Albion — Captain Cook Denies Existence of Strait of Fuca
— 3Inrder of Captain Cook, Succeeded in Command by Captain Clerke — Death
of Captain Clerke — Lieut. Gore, a Native of Virginia, in Command — Sails to
China with Collection of Furs — Growing Importance of Fur and East India
Trade.
SINCE the cruises of Drake and Cavendish in the latter part of the sixteenth century
(1579-15S7), preying upon Spanish commerce upon the Pacific Ocean and pillaging
defenseless cities on the coast of Mexico (to neither of which can be attributed meritorious
claim as voyages of discovery or exploration), Great Britain, absorbed with the establishment
and government of her Atlantic colonies, had not participated in the development of the
geograph}- or resources of the western coast of North America. That nation now zealously
entered the field, resolved to compensate for past indifference and inactivity.
On the 6th of July, 1776, that greatest of geographers and circumnavigators. Captain
James Cook, was placed in command of two ships, the Resolution and Discovery. His
instructions were to make his way to the Cape of Good Hope, and thence by way of New
Zealand and Otaheite, and, having refreshed his crews, to run directly for the Pacific coast of
North America. " You are to fall in with the coast of New Albion in latitude forty-five
degrees north. You are to put into the first convenient port to recruit your wood and
water, and then to proceed northward along the coast as far as to the latitude of sixty-five
degrees north or further, if not obstructed by land or ice, taking care not to lose any time
in exploring rivers or inlets, or upon any other account until 3'ou get into the
before-mentioned latitude sixty-five degrees north, where we could wish you to arrive in the
month of June." " On his way thither (to New Albion) not to touch upon any part of the
Spanish dominion on the Western continent of America, unless driven to it by some
unavoidable accident, in which case he was to .stav no longer than should be absolutely
necessary, and to be \cry careful not to give any umbrage or offence to an}' of the
inhabitants or subjects of his Catholic Alajesty (Spain); and if in his further progress
northward he should find any subjects of anj' European prince or state, upon au}- part of
the coast which he might think proper to visit, he was not to disturb them or give them
any cause of offence, but on the contrary to treat them with civility and friendship."
In the summer in which Cook was to reach Northwest America, the British Admiralty
dispatched Lieutenant Young in the brig Lion to the western coast of Baffin's Bay on the
Atlantic side of the continent, with instructions to reconnoiter the west shore of that bay
and find if there was any westward passage therefrom, with a ^•iew to co-operate with
Captain Cook, who, it was supposed, would be seeking for such a passage at about the same
time from the opposite side of America. If both succeeded, there would be a likelihood of
their meeting, and the place, it was conjectured, would be in a sea to the north of the
continent of North America.
( 34 )
VOYAGES OF CAPTAIN JAMES COOK. 35
These instructions of the Cook expedition of 1776 are full of interest. They exhibit
the thought of that age, the standpoiut in that eventful }'ear, of progress in geographical
knowledge. The most enlightened scientists, the best informed as to lands and seas which
had been theretofore visited by navigators, continued to regard as probable the existence of
the Strait of Anian, or, to speak more accurately, a passage across the North American
continent from ocean to ocean. To verify such theory or forever dispel it, England now-
sent her most intrepid sailor, the foremost scientific navigator of the world, on that
memorable voyage. In a political view, these instructions are of still more weight}'
import. England for the first time had announced her interest in a region on the Pacific
coast nominated New Albion. That nation had elevated a piratical cruise to a voyage of
discover}', upon which is indicated basis of intention to maintain territorial claim. The policy
is clearly foreshadowed, that, by a private piratical venture made two centuries before,
national right has accrued to occupy the coast which Drake called New Albion. Nor is
the very important concession of rights based upon discoveries inuring to Spain and to
Russia, less worthy of notice, especially to the former power, regarding the territory south
of forty-five degrees north. Still, whether as to Spain or any other nation, it is apparent
that thenceforth English claim b}- right of discover}- is assumed to have attached north of
forty-five degrees north latitude, by virtue of the piratical cruise in 157S of Sir Francis
D^^ke. 18<2520
Captain Cook sailed from Plymouth, England, July 12, 1776, in the ship Resolution,
accompanied by the Discovery, Captain Clerke. George Vancouver, whose name shortly
subsequent became identified with these regions as its first thorough explorer, was a
midshipman on Captain Cook's ship. Having visited the group of islands to which he
gave the name of Sandwich, in honor of his patron, the Earl of Sandwich, First Lord of
British Admiralty, from thence, on the i8th of January, 1778, Cook sailed northeastward,
and upon the 7th of March, in latitude fort}--four degrees, one minute, two seconds
north, came in sight of the Pacific coast of North America. Adverse winds forced his
ship southward to forty-three degrees north, when he again headed northward, but thick
weather prevented tracing a continuation of the coast; so that betv/een Cape Foulweather,
forty-four degrees, fifty-five minutes north, and Cape Flattery, forty-eight degrees,
fifteen minutes north (both so named by Captain Cook), the expedition obtained but
few glimpses of the coast. The latter-mentioned cape was the Point Martinez of the
Spanish charts, named in honor of the pilot of Perez, who discovered it in 1774. Cook
gave it the name of Flattery because the prospect of land near it had given the doubtful
promise of a harbor.
The distinguished geographer, afterwards Admiral Burney, who was in the
Discovery, says : "We were near Cape Flattery on the evening of the 2 2d of March; and
a little before seven o'clock, it growing dark, Captain Cook tacked, to wait for daylight,
intending to make close examination; but before morning a hard gale of wind came on,
with rainy weather, and we were obliged to keep off the land."
Both ships at the time needing repairing in the lower rigging, and a resupplv of water,
compelled the seeking of a port. Cook stood away in the night and failed to see the
entrance of the Strait of Fuca. So failing to find it south of forty-eight degrees, he
denied its existence. On the 29th of March, the vessels arrived at Friendly Cove, Nootka
Sound (the Port San Lorenzo of Perez). Cook named it King George's Sound; but the
native name has adhered to it. Here they remained at anchor until the 26tli of April,
when they set sail for the northward, and during the remainder of that season made a
36 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
thorough examination of the northwest coast of America, the northeast coast of Asia,
passed through and determined the breadth of Behring's Strait, sailing as far north as
seventy degrees, forty-four minutes north. 'He made an extended examination of the
Arctic Sea, in which he sailed in both directions until his further advance was prevented
bv ice. Then, turning southward, he carefully surveyed the Aleutian group of islands.
On the 7th of October, whilst anchored in the harbor of Sanganoodha, John Ledyard of
Connecticut first gave evidence of the enterprise and daring which later in life rendered
him so famous as an intrepid traveler. He was corporal of marines in the Rcsohitiott.
Captain James Burney, the distinguished chronologer of " Northeastern \oyages of
discovery, and the early navigation of the Russians," thus narrates the incident :
" A present of salmon baked in rye flour, accompanied wdth a note in the Russian
language, was delivered to each of the captains, brought by two natives of Oonalaska
from a distant part of the island. Ledyard volunteered to return with the messengers to gain
information. Captain Cook accepted his offer, and sent b}- him a present of some bottles of
rum, wine and porter, and a wheaten loaf, with an invitation to his 'unknown friends.'
Led3-ard embarked in a small baidar, which was a light skeleton wooden frame covered with
whale skin. It was paddled by two men, for each of whom there was a circular opening in
the upper part of the baidar to admit of their being seated; and the lower end of their skin
jacket or frock was then closely fastened to the rim of the opening to prevent the entrance
of water, and they appeared, as it were, hooped in. There was no opening for their
passenger Ledyard; and previous to their both being seated he was obliged to dispose
himself at his length, or, as seamen might express it, to stow himself fore and aft, in the
bottom of the baidar between the two. The space allotted to him neither in height nor
breadth exceeded twent)' inches. The length of the vo3'age performed by Ledyard, pent
up in this slight bark, I understood to be twelve or fourteen miles. At the end of two days
he returned to the ship, being better accommodated in his voyage home than out, and in
company with three Russian traders. These and other Russians who came to us afterwards
communicated their charts, which gave information concerning manv islands in this sea.
They also mentioned that an expedition had been made in the icv sea with sledges,
in the year 1773, to some large islands opposite the river Kolyma."
Shortly subsequent, as Captain Burney states. Captain Cook left Oonalaska for the
Sandwich Islands as a place of refreshment for the ship's companies, and where the stock
of provisions could be recruited to enable him to undertake another expedition to the
north.
" The ships reached Owyhee, the largest of the Sandwich group, late in November,
remaining near it until the middle of January, 1779, — all the time under sail, having
found no convenient anchorage. In the meantime they had discovered a number of small
islands of the same group, adjacent to Owyhee. The natives in canoes had daily visited
the ships, bringing provisions. On the 17th of January, a bay on the west side of Owyhee,
named Karakokooa, was discovered, in which the ships anchored. Captain Cook, desiring
to examine other islands of the group before sailing northward, sailed from the Bay of
Karakokooa on the 4th. On the 8th, while yet in sight of Hawaii, the foremast of the
Resolution was ascertained to be so defective as to require immediate repair. As the other
islands had afforded no good harbor. Captain Cook returned to Karakokooa Bay, in which
port he again anchored upon the nth. His return occasioned great dissatisfaction to the
natives, which they manifested by numerous petty annoyances. On the night of the 13th
the cutter of the Discovery was stolen b}- them. Captain Clerke being too ill to go ashore,
GENIrJOSEPH LANE,
AT THE AGE OF 76.
I
MURDER OF CAPTAIN COOK. - 37
Captain Cook in person visited the native King, Terecboo, and demanded the retnrn of the
stolen boat. The programme was that the King should visit the ship, and be detained on
board until the restoration of the property. Terecboo had accepted the invitation to return
to the ship with Captain Cook. Directions had been given to the crews of the guard-boats
not to interfere with the small canoes, but to prevent the departure of any large boat from
the bay. This order was intended if necessary to make reprisal, and thus force the return
of the ship's stolen cutter. While the King was waiting, ready to accompany Captain
Cook to his ship, a large canoe attempted to pass out of the bay. She was ordered by the
guard-boats to return; but, continuing on her course, the crew fired over her to bring her
to. This .shot unfortunately killed one of the native chiefs. One of King Terecboo's wives,
learning of the catastrophe, rushed up to the King, and with wails of lamentation clung to
him and prevented his getting into the ship's boat. Captain Cook, who had hold of his
hand, now left him and walked toward his boat to return to the ship, as there was too much
excitement to accomplish any settlement. The natives surrounded him; and, in the
struggle, Captain Cook and four of his men were killed."
Thus ignobly perished the illustrious James Cook, of whom it was justl}- said: "No
other navigator extended the bounds of geographical knowledge so widely as he did." His
surveys and determinations of latitude and longitude are extremel}' accurate. He introduced
and practiced a sj-stem of sanitarj- regulations preserving the health of the crews, and
thereafter removed the dread which had till that time attached to long voyages. " Along
the northwest coast of America he effected more in one season than the Spaniards had
accomplished in two centuries. Besides rectifying many mistakes of former explorers, he
ascertained the breadth of the strait which separates Asia from the New World, — a point
which Behriug had left unsettled. Passing the Arctic, as he had crossed the Antarctic circle,
he penetrated farther than any preceding navigator; and as more than half a century had
expired without a nearer approach being made to the southern pole than he had achieved,
a like period elapsed before our knowledge of the American coast was extended beyond the
point which he had attained." He forever exploded the theory of the Strait of Anian or
the existence of any northwest passage across the northern part of the continent of North
America. His labors created a new era in geographic science. Not content with
discovering new continents, islands and seas, he delineated the figure of their coasts, and
determined their latitude and longitude with an accuracy which the appliances of modern
discover}' and improvement have onl}- verified.
On the death of Captain Cook, the command devolved upon Captain Clerke. The
ships continued among the Sandwich Islands until the middle of March, when they sailed
north, anchoring at Awatscha Bay, April 30th. The expedition arrived in Behring Strait,
Jul}' 5th. They passed through the strait, and reached the latitude of sixty-nine degrees,
twenty minutes north; when, being hemmed in by floating ice, their farther advance to the
north was defeated. On the 27th, all further attempt was relinquished, and the ships bent
their course southward, repassing Behring Strait on the 30th. On the 23d of August, two
days before reaching Petropaulovski, Captain Clerke died. Lieut. Gore, a native of
Virginia, succeeded to the command. The season being too far advanced to attempt aiiy
farther northward exploration that year, it was deemed advisable to suspend operations.
The expedition therefore sailed for China, teaching Canton in December. The arrival at
Canton of the Resolution and Discovery, with a small collection of furs from the northwest
coast of America, demonstrated the great avidity of the Chinese for their purchase. So
anxious were that people to acquire them, that they were ready at almost any sacrifice to
38 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
exchange the wares and commodities of the commerce of their own countr3^ As a direct
consequence of this visit of Lieut. Gore to China, a new feature of the fur and East India
trade was developed, vastly increasing its profits and importance. The enterprise or method
of trade to be inaugurated was the collection of furs in Northwest America, their
transportation to China, there to be exchanged for silks, teas and other China goods and
products, which in turn were to be shipped to Europe. This result, flowing directly
from that memorable voyage, which added to the accurate information of the North
Pacific coast and fur-producing countries, revolutionized Pacific commerce, and the trade
with China and the East Indies. A new element had been interjected. The impetus
given to the fur trade by the market in China and the East Indies, and the necessary
expansion of Chinese commerce, may well be regarded as among the most important of
the many benefits which resulted from the third voyage of the world's greatest
circumnaviga'tor. The northwest coast of America became the field to which European
nations turned their attention.
This voyage is notable becavise of its distinguished leader and his tragic fate.
The programme exhibits the fii'st avowal that the value of the territory had become
appreciated b}- the British government — that it is British policy to incorporate it into the
British Empire. It constitutes the first act projected by British authority participating in
its exploration, looking to its settlement or development. It clearly indicates British
animus to acquire British foothold on the North Pacific. That a circumnavigator so
distinguished should have visited these coasts, perpetuating the evidences of that visit and
his examinations, by the names he conferred upon these headlands of the coast observed
by him, render this voyage one of the most important in the prehistoric annals of the
region. Captain Cook saw no portion of the western coast of America in these latitudes,
which had not previously been seen by Perez, Bodega or Heceta. In high northern
latitudes he availed himself of the reports of previous Russian voj-ages ; yet his
examinations are so minute and reliable, correcting so many previous errors, that, as a
contribution to the world's knowledge, the value of his labor is incalculable.
His claim as mere discoverer may be challenged, or even denied. Yet to him must
be awarded the honor of first making known, rendering appreciable to the world and
reducing to actual shape, the crude, imperfect and erroneous data attempted to be laid
down on previous charts. He determined the distance between important points on the
Asiatic and North American coasts, and approximately ascertained the extent of the two
continents. He forever dissipated the theory of an alleged northwestern water passage.
X'oj'ages thereafter to the coast were to be in the pursuit of commerce, the wealth of which
had been demonstrated by the Cook expedition. Spanish, Russian and other navigators
had contributed to the world knowledge of lands and seas. The western coast of North
America had found its place upon the map. Its coast line had been traced, and some of
its harbors, bays and islands been superficially examined. At most, these lands and seas
had been only visited. North of California, no attempt at occupancy or settlement had
been made except the Russian establishment in 1763 on the Island of Kodiak, near the
entrance of Cook's Ba}'.
Chapter VII.
(1785-1796.)
The Jfootka Treaty between Spain and Great Britain, and the Events Culminating
Therein — Xootka Sonnd tlie Kesort for Vessels Engaging in the Fur Trade —
The King George's Sonnd Company — Voyages of Portlock and Dixon — The
Latter Discovers the Channel Separating Queen Charlotte's Island from the
Continent — Meares and Tipping on Northwest Coast Under License of East
India Company — Voyages of Meares Under Portuguese Flag — Makes Settlement
at Xootka, and Builds Schooner Northwest America — Arrival at Nootka of
American Vessels Washington aiul Columbia — Martinez Seizes Iphigenia and
Northwest America — Arrival of Princess Koyal and Argonaut — Martinez Seizes
Them — Difficulties Between Spain and Great Britain — The Nootka Treaty, or
Convention of the Escurial — Arrival at Nootka Sound of Captain Vancouver,
British Commissioner, to Receive Kestitntion of Property of British Subjects
— Unsuccessful Negotiations Between Senor Quadra and Vancouver — Final
Restitution to British Subjects of Seized Property — Spain and Great Britain
Abandon Nootka Sound.
''T^HE principal harbors of the northwest coast of America resorted to by vessels engaged
X in the fnr trade were Nootka, Norfolk and Prince William's Sounds. Nootka had
become the rendezvons and usual port of departure of vessels laden with return cargo. At
these ports collections of furs were concentrated, preparatory to shipment to China or the
East Indies, there to be exchanged for the commodities of Eastern Asia, which, in turn,
were shipped z'ia Cape of Good Hope, or Cape Horn, to European or American ports.
The British government had granted to the South Sea Compan}^ a license of commerce
and trade in all seas and countries westward of Cape Horn, excluding all other British
subjects. The British East India Compan}' had secured a similar license in the regions
east of the Cape of Good Hope. By these grants, all British subjects, except the two
companies, had been restricted from engaging in commerce in all the seas, territories and
islands in that vast portion of the world lying between the Cape of Good Hope eastward
to a line drawn north and south through Cape Horn, or, vice versa^ westward from the
meridian of Cape Horn to the meridian passing through the Cape of Good Hope. British
subjects who desired to engage in Pacific commerce, in the fur trade on the northwest coast
of America, or in the China or East India trade, were obliged to obtain permission of the
one or the other of these companies.
In 1785, a mercantile association was formed in London, styled the " King George's
Sound Company." Its purposes were the procurement of furs on the northwest coast of
America, exchanging them for the commodities of the East Indies or China and shipping
the latter to Europe. Permission having been granted b}- the South Sea and East India
companies, the " King George's Sound Compan}- " fitted out a voyage to the northwest
coast of xA.merica, via Cape Horn. The expedition consisted of the ships King George
and Queen Charlotte^ respectively commanded b}' Captain Nathaniel Portlock and George
Dixon. They sailed in August, 1785, and reached Cook's river in Jul}-, 17S6.
( 39 )
40 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The East India Compau}-, by the Governor-General of India, had granted permission
to Lieutenant John Meares, British navy (on leave), to make a venture in Northwest
America in the Nootka, commanded by himself, accompanied by the Sea Oltcr, Captain
Tipping. Under the East India Company's flag, IMeares and Tipping sailed from Calcutta
in March, 1786. The Sea Otter arrived and left Prince William's Sound before Meares
had arrived, in September. Meares never met Tipping; the Sea Otter and all on board were
lost oflF the Kamtchatkan coast. The Nootka spent the winter at Prince William's
Sound. Captain IMeares returned to China in the fall of 17S7.
During the summer of 1787, Captain Dixon in the Queen Charlotte cruised along the
coast, and demonstrated by sailing through the channel, now called Dixon's Channel, in
honor of its discoverer, that the land between fifty-two degrees and fifty-four degrees north
latitude, theretofore supposed to be the continent, was an island. To this island he gave
the name of Queen Charlotte's, after his vessel. In the fall of 17S7, Portlock and Dixon
sailed for China. Before their departure the Prhicess Royal and the Prince of Wales, of
the King George's Sound Company, respectively commanded by Captain Colnett, of the
British navy (on leave), and Captain Thomas Hudson, had arrived at Nootka Sound.
The Chinese government required excessive port charges from vessels of all European
nations, except the Portuguese (i). To evade such exaction, several British merchants
residing in India, who desired to pursue the fur trade on the northwest coast of America
and exchange furs in China, in the latter part of 1787 associated themselves with and
used the name of Juan Cavalho, a Portuguese merchant. Through the intimacy of
Cavalho with the Governor of Macao, this association of merchant-proprietors secured
permission for the ships Felice and Iphigenia to sail under the Portuguese flag to the
northwest coast of America. The expedition was intrusted to the command of Captain
Meares in the Felice, Captain William Douglas, master of the Iphigenia. The papers of
both vessels were made out in Portuguese, and in the name of Portuguese captains. Don
Francisco Joseph de Viana accompanied the Iphigenia, and is referred to as second captain
bj' Meares in his memorial to the British government, in the year 1788, complaining of
the Spanish authorities at Nootka Sound.
This enterprise in its inception was divested of all claim to British nationalit}',
notwithstanding Meares, its intended and real commander, held a commission in the
British nav}-. The merchant-proprietors fraudulently concealed their nationality, and
thereby forfeited their rights as British subjects in the conspirac}^ to defraud the Chinese
goveniment of the payment of port charges, for which as British subjects they would have
been liable. Neither could the}- as British subjects have lawfully engaged in such
commerce, violating as it did the Crown grant to the East India Company. But no claim
as English subjects was then intended to have been made by the merchant-proprietors. It
was a Portuguese voj-age, under the Portuguese flag; and b}- the letter of instructions of
December 24, 1787, of the merchant-proprietors, all doubt is removed ?s to the national
character which must be ascribed to this adventure. It was alike hostile to English as to
Russian or Spanish authority.
Those instructions will be found at length, appended to the memorial of Captain
Meares. In them the following occurs :
" Sliould you, in the course of your voyage, meet with any Russian, English or
Spanish vessels, you will treat them with civility and friendship, and allow them, if
(i) 111 1785. Captain James Haillia. an Englishman, had made a very successful voyage under the Portuguese flag to the North ]
lission of the Governor of Macao. Exempt from Chinese port charges, the voyage had proven very profitable.
I Pacific, bv
permission (-----
BISHOP BLANCHE!
FATHER DESMET.
-^^.
t . '^jM?CHBISHOP BLANCHEt J ^^
FATHER BF?OUILLET
Bl SHOP OEMEffS.
PIONEER CATHOLIC MISSIONARIES
VOYAGES OF MEARES UNDER PORTUGUESE FLAG. 41
authorized, to examine your papers, which will show the object of your voyage. But you
must, at the same time, guard against surprise. Shoiild they attempt to seize you, or
even carry you out of your way, 3-ou will prevent it by every means in your power, and
repel force b}' force. You will, on your arrival in the first port, protest before a proper
officer against such illegal procedure, and ascertain as nearly as you can the value of your
cargo and vessel, sending such protest, with a full account of the transaction, to us in
China.
" Should you, in such conflict, have the superiority, 3^ou will then take possession of
the vessel that attacked, as also her cargo, and bring both, with the officers and crew, to
China, that they may be condemned as legal prizes, and their crews punished as pirates."
Meares, in his instructions to Captain Douglas, reiterates this direction : " If they are
of superior force, and desire to see your papers, you will show them, should they be either
Russian, English, Spanish or any other civilized nation. Force is to be used if it can be
successfully ; and he is strictly charged to have as little communication with them as
possible." The IpJiigenia sailed directly for Cook's river, where she continued trading
diiring the summer. The Felice sailed directly for Nootka Sound, where she arrived May
13, 1788. On the 25th, Mazuilla, or Maquinna, chief of the native tribe, granted to Meares
" a spot of ground in his territory, whereon a house might be built for the accommodation
of the people we intended to leave there, but had promised us also his assistance in
forwarding our works, and his protection of the party who were destined to remain in
Nootka during our absence. In return for his kindness, and to insure a continuance of it,
the chief was presented with a pair of pistols." On the 28th, the house was completed
and occupied, and the building of the schooner NoriJiiuest Avierica commenced. Everj-thing
being in readiness for the voyage down the coast. Captain Meares interviewed Maquinna
regarding the portion of crew who were to remain at Nootka. Maquinna agreed with
Meares to " show every mark of attention and friendship to the party we (Meares) should
leave on shore ; and, as a bribe to secure his attachment, he was promised that, when we
finally left the coast, he should enter into full possession of the house and all the goods
and chattels thereunto belonging." Such is the character of the first establishment upon
the coast, as given by Captain Meares, its founder. It was a mere temporary shelter and
stockade for the purposes of defense, reverting to the native chief who granted the privilege
of its erection as soon as the grantees should take their departure. This was the first
attempt at a settlement on the northwest coast of America, south of the Russian
settlements.
The statement of these transactions, with the aiiimus of their projectors and the actors
emploj^ed, is essential to the due understanding of the events which were their natural and
necessar}' consequence. These acts of Captain Meares and his associates were assumed
by the British government as the legitimate enterprise of British subjects, entitled to
national recognition and justification. Indeed, they mark the initiation of territorial claim
by the British Crown for these coasts and the adjacent territory.
Leaving a crew at work upon the schooner, Captain Meares occupied the summer in
a voyage of exploration down the coast, returning to Nootka on the 27th of August.
The Iphigenia soon after arrived. By Meares' instructions to Captain Douglas, that
vessel was to spend the summer months on the northern coasts, and meet him at Nootka
Sound about the ist of September. It having been determined that the Iphigenia and
Nortlnuest America should continue upon the coast, the furs collected were transferred
to the Felice^ which sailed September 28th for Macao.
42 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
On the 17th of September, tlie American sloop tVasAzng^on, Ca-ptain Robert Gray,
arrived at Xootka, followed shortly by the American ship Columbia^ Captain John
Kendrick. October 27th, the Iphigenia and Northivest America sailed for the Sandwich
Islands. The two American vessels remained at Nootka Sound that winter and all the
next summer.
These vo3'ages of the fur traders occasioned great uneasiness to Spain. The acts of
the Russians were the most serious cause of alarm. The latter had crowded their
settlements to the southward. The apprehension that Russian traders would attempt to
form an establishment at Nootka Sound had occasioned the Spanish government to
remonstrate with the Russian Emperor against the encroachment of Russians upon the
possessions of Spain, which were claimed to extend as far north as Prince William's Sound,
latitude sixty-one degrees north. In 17S9 the Viceroy of Mexico, with the purpose of
anticipating and preventing occupancy of Nootka Sound b}- traders of other nations, had
dispatched Martinez and de Haro, in the ships Princesa and San Carlos, with instructions
to occupy that port. Martinez was to take possession of it as Spanish Territor}-, by right
of discover}- b}' Perez in 1774. Russians and English were to be treated with proper
courtesy; but the formation of an establishment prejudicial to the claim or interests of
Spain was to be resisted.
The Princesa reached Nootka on the 5th of Ma}-, 1779, and was joined b\- the San
Carlos on the loth. When the Spanish \essels arrived, the American ship Columbia
was in the sound, at a place called Mahwinna ; the Iphigenia was anchored in the bay.
Martinez demanded the papers of both vessels, and their explanation for being at anchor
in Nootka Sound, apprising them that it belonged to the King of Spain. The captain of
the Iphigenia (Viana) replied that he had put there in distress, and was waiting the arrival
of Captain Meares, in the Felice, who was daily expected. This answer satisfied Martinez.
But, having learned that the Ipigenia sailed under orders to capture any Russian, Spanish
or English vessel she was able to capture, he seized her. Martinez, however, being advised
that the orders were intended to apply only to the defense of the vessel, released the
Iphigenia and her cargo, and generously furnished her with necessar}- supplies from his
own ship. On the 8th of June the Northiucst America returned from a cruise and was
seized by Martinez the next da}-.
While these events had been transpiring, Cavalho (whose name served as a cloak to
confer Portuguese nationality upon these voyages, and to remove British national character
from the ships Felice and Iphigenia, whereby China could be defrauded and the East India
Company's exclusive grant evaded) had become bankrupt.
The merchant-proprietors, as a matter of necessity, had combined their interests with
the King George's Sound Company. By the new arrangement, the Felice had been sold,
the Prince of Wales returned to England, the ship Argonaut was purchased, Colnett,
late of the Princess Royal, was put in command, and the Princess Royal was transferred
to Captain Hudson. To Captain Colnett was assigned the charge of the enterprise. In
the instructions to him, the Iphigenia and Nortlnucsl Atnerica were henceforth placed
under his orders, and were to engage in trade on account of the company. Captain
Douglas was to return in the Argonaut, and to transfer to Colnett the Iphigenia and
Northicest America. " We also authorize you to dismiss from your service all persons
who shall refuse to obey your orders, when they are for our benefit ; and in this case we
give you to understand, the Princess Royal, Northwest America, or other small craft, are
always to continue on the coast of America. Their officers and people, when the time of
DIFFICULTIES BETWEEN SPAIN AND GREAT BRITAIN. .43
their services are up, must be embarked upon the returning ship to China. On no account
whatever will we suffer a deviation from these orders." Captain Colnett's instructions
were further " to establish a factory to be called Fort Pitt, for the purpose of permanent
settlement, and as a center of trade around which other stations may be established."
The Princess Royal arrived first at Nootka, and was not molested by the Spanish
commander. On the ad of July the Argonaut was about entering the bay, when Captain
Colnett, being advised of the seizure of the Iphigenia and the NortJiivesi America^ at first
declined to enter with his ship, but changed his resolution. A day or two afterwards
Captain Colnett called on Martinez. He informed the Spanish governor that he intended
to take formal possession of Nootka Sound in the name of Great Britain, and hoist the
British flag; that, in conjunction with Captain Meares and other gentlemen at Macao, a
colony was to be established and a fort to be erected. To this the vSpanish governor
replied : " That possession had already been taken in the name of Spain, and that his
orders and presence there weie to prevent such acts as he (Colnett) contemplated, and
that they would not be allowed." Colnett then asked if the Spanish commander would
prevent him from building a house in the port. Martinez consented to the erection of a
tent, to wood and water, after \\'hich Colnett was at liberty to depart in his vessel when he
pleased. The English captain replied that such was not his intention, but that he was
there to build a blockhouse, erect a fort and settle a colony in the name of Great Britain.
Martinez answered that Colnett's vessel was not a national vessel of Great Britain, not
under its flag, nor was he (Colnett) authorized to transact business of that nature. Colnett
plead his commission to the British nav}-. Martinez replied : " You are on leave, and in
the merchant service, and the commission secures you no consequence." After which an
altercation occurred in the cabin of the Princesa between Captain Colnett and Martinez.
The next day the Spanish commander ordered the seizure of the Argonaut^ and the arrest
of Colnett and his crew. The Princess Royal soon after returned, and she also was seized.
Both vessels were sent to San Bias as prizes. The American vessels in the harbor of
Nootka were not interfered with by Martinez. These events becoming known in Europe,
Spain complained to the British government of the encroachment upon her rights of
territor}^; and England haughtily demanded of Spain immediate reparation for the insult
to her flag. The King of Great Britain, Ma}- 5, 1790, in a message to Parliament,
communicated a detail of those acts, and asked for an augmentation of the army and
navy, " to put it in his ^Majesty's power to act with vigor and effect in support of the
honor of his Crown and the interests of his people." On the 4th of June, 1790, the
King of Spain published a declaration " to all the other courts of Europe," temperately
reciting the rights of territory of the Spanish government " to the continents and islands
of the South Sea." It states, in conclusion : " Although Spain may not have
establishments or colonies planted upon the coasts or in the ports in dispute, it does
not follow that such coast or port does not belong to her. If this rule were to be followed,
one nation might establish colonies on the coast of another nation, in America, Asia,
Africa and Europe, by which means there would be no fixed boundaries, — a circumstance
evidently absurd."
■' But whatever may be the issue of the question of right, upon a mature consideration
of the claims of both parties, the result of the question of fact is, that the capture of the
English vessels is repaired by the restitution that has been made, and the conduct of the
Viceroy ; for, as to the qualifications of such restitution, and whether the prize was lawful
or not, that respects the question of right yet to be investigated ; that is to say, if it has
44 HISTORY CF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
been agreeably to, or in contradiction to, the treaties relative to the rights and possessions
of Spain. Lastly, the King will readily enter into any plan by which future disputes
on this subject may be obviated, that no reproach may be upon him as having refused
means of reconciliation, and for the establishment of a solid and permanent peace not only
between Spain and Great Britain, but also between all nations."
Such being the attitude of Spain, negotiations commenced between that nation and
Great Britain. Mr. Alleyne Fitzherbert, the British Ambassador at the Court of Madrid,
claimed :
" Such full and adequate satisfaction as the nature of the case evidently requires."
Count de Blanca, the Spanish Minister of State, on the 13th of June, presented to Mr.
Fitzherbert the memorial of the Court of Spain, in which, having recited the stipulation
prescribed by the Treaty of Utrecht, " that Spain should never grant liberty or permission
to any nation to trade to, or to introduce their merchandise into, the Spanish-American
dominions, nor to sell, cede or give up to any other nation its lands, dominions or
territories, or any part thereof," Count de Blauca boldly claims: "The vast extent
of the Spanish territories, navigation and dominion, on the continent of America, isles
and seas contiguous to the South Sea, are clearl}^ laid down and authenticated b}- a variety
of documents, laws and formal acts of possession in the reign of King Charles II. It is
also clearly ascertained, that notwithstanding the repeated attempts made b}' adventurers
and pirates on the Spanish coasts of the South Sea and adjacent islands, Spain has still
preserved her possessions entire, and opposed wath success those usurpations, by constantly
sending her .ships and vessels to take possession of such settlements. By these measures,
and reiterated acts of possession, Spain has preserved her dominion, which she has
extended to the borders of the Russian establishments in that part of the world." The
memorial then refers to the affairs in Nootka harbor. Mr. Fitzherbert, for the British
government (June 16), after requiring that matters at Nootka should be put in their
original state, adds : " As certain acts have been committed in the latitudes in question by
vessels belonging to the Royal Marine of Spain, against several British vessels, without
any reprisals having been made, of any sort, on the part of Great Britain, that power is
perfectly in the right to insist, as a preliminary condition, upon a prompt and suitable
reparation for these acts of violence ; and, in consequence of this principle, the practice of
nations has limited such right of reparation to three articles, viz.: the restitution of the
vessels ; a full indemnification for the losses sustained by the parties injured ; and, finall}',
satisfaction to the sovereign for the insult offered to his flag. So that it is evident that
the actual demands of my court has, far from containing anything to prejudice the rights
or dignit}- of his Catholic Majesty, amounted to no more, in fact, than what is constantly
done by Great Britain herself, as well as other maritime powers, in similar circumstances.
Finally, as to the nature of the satisfaction which the Court of London exacts on that
occasion, and on what your excellenc}' appears to desire some explanation, I am authorized,
sir, to assure you, that if his Catholic Majesty consents to make a declaration in his name,
bearing in substance that he had determined to offer to his Britannic Majesty a just
and suitable satisfaction for the insult offered to his flag, such offer, joined to the promise
of making restitution of the vessels captured and to indemnify the proprietors, will be
regarded by his Britannic Majesty as constituting in itself the satisfaction demanded ; and
his said Majesty will accept of it as such by a counter-declaration on his part."
Under date of June i8th Blanca replies : " I cannot give my consent to the principles
laid down in your last letter; as Spain maintains, on the most solid grounds, that the
"fj^ \'.k
BISHOP SCOTT.
REV.JOHN M9CARTY. D.D.
REV.SIMICHAEL PACKLER.
M
JKT ^- 1 ■ ■ ■"■■- ■
REV. J.R.W.SELLWOOD.
PIONEER EPISGOPAliIAN MISSIONARIES
THE NOOTKA TREATY, OR CONVENTION OF THE EvSCURIAL. 45
detention of vessels was made in a port, upon a coast, or in a ba}- of Spanish America, the
commerce and navigation of which belongs exclusively to Spain, b}' treaties with all
nations, even England itself. The principles laid down cannot be adapted to the case.
The vessels detained attempted to make an establishment at a port where they found a
nation actiiall}^ settled; the. Spanish commander at Nootka having, previous to their
detention, made the most amicable representations to the aggressors to desist from their
purposes."
" However, that a quarrel may not arise about words, and that two nations friendly to
each other may not be exposed to the calamities of war, I have to inform you, sir, by order
of the King, that his Majesty consents to make the declaration which your Excellency
proposes in your letter, and will offer to his Britannic Majesty a just and suitable
satisfaction for the insult offered to the honor of his flag, provided that to these are added
either of the following explanations :
"i. That in offering such satisfaction the insult and the satisfaction shall be fulh'
settled, both in form and in substance, bj' a judgment to be pronounced by one of the
Kings of Europe, whom the King, my master, leaves wholl}' to the choice of his Britannic
Majestj^; for it is sufficient to the Spanish monarch that a crowned head, from full
information of the facts, shall decide as he thinks just.
"2. That, in offering a just and suitable satisfaction, care shall be taken that, in
progress of the negotiation to be opened, no facts be admitted as true but such as can be
fully established by Great Britain with regard to the insult offered to her flag.
"3. That the said satisfaction shall be given on condition that no inference be drawn
therefrom to affect the rights of Spain, nor the right of exacting from Great Britain an
equivalent satisfaction if it shall be found, in the course of the negotiation, that the King
has a right to demand satisfaction for the aggression and usurpation made on the Spanish
territory, contrary to subsisting treaties."
The proposition to refer the subject to a European Sovereign being declined by Great
Britain, the required declaration was made July 24th, by the Spanish Minister of State,
which Fitzherbert accepted, and filed a counter-declaration. Up to this stage, neither the
Royal message, the speeches in Parliament, nor the correspondence or statements of the
British negotiator, make the slightest allusion to a claim by Great Britain of any right of
territory, nor any denial of the sovereignty so persistently avowed by Spain. On the i6th
of June, Spain appealed to France to assist her in resisting the power of Great Britain,
should war ensue out of these matters. On the 6th of August the National Convention of
France passed a decree stating that " France will observe the defensive and commercial
engagements which the French government have previously contracted with Spain."
Hope being abandoned of assistance from France, the negotiations proceeded and
terminated, October 28th, in the Nootka Treaty, or Convention of the Escurial. By its
provisions, the buildings and tracts of land on the northwest coast of America, of which
British subjects had been dispossessed in 1789, by Martinez, were to be restored.
Reparation was to be made for all acts of hostility or violence subsequent to April, 1789.
British subjects were to be re-established in possession of property and vessels of which
they had been dispossessed. Just compensation was to be made to them for the losses
which they had sustained by the acts of the Spanish officer. A right in common was
secured to the subjects of both nations to navigate the Pacific Ocean and the South Seas
or to land on places on the coast thereof not already occupied, to carry on commerce
with the natives, and to make settlements with the following restrictions: The King of
46 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Great Britain engaged to prevent navigation or fishery in those seas being made the pretext
for illicit trade with Spanish settlements. No British subject was to navigate or carry on
a fishery in said oceans within ten sea leagues of any part of the coast occupied by Spain.
When settlements were made by subjects of either power, free access to, and full privilege
to trade, were confirmed without molestation. Such was the treaty of Nootka. Belsham,
the British historian, thus comments upon these transactions, this negotiation and treaty:
" By the treaty of 1763, the river Mississippi, flowing from north to south, in a direct
course of 1,500 miles, was made the perpetual boundary of the two empires; and the
whole countrv to the west of that vast river belonged to his Catholic Majesty by just as
valid a tenure as the country eastward of the river to the King of England. Exclusive of
the recent and decisive line of demarcation, by which the relative and political rights of
both nations were clearly ascertained, the Spani.sh Court referred to ancient treaties b}'
which the rights of the Crown of Spain were acknowledged in their full extent by Great
Britain."
Having referred to the British refusal to arbitrate, Belsham proceeds :
"No assistance being had from France, Spain, yielding to necessity, complied with
the harsh demands for restitution and indemnification ; and at length, on the 2Sth of
October, 1790, a convention was signed at Escurial by which every point in dispute was
conceded to Spain. The settlement of Nootka was restored, free navigation and right of
fishing in the South Pacific were confirmed to Great Britain ; a full liberty of trade, and
even of settlement, was granted to all the northwest coast of America, beyond the most
northerly of the Spanish settlements, unaccompanied, however, b}' any formal renunciation
of their rights of sovereignty."
These transactions are of vital historic moment, as they afterwards became prominent
features in the adjustment of the limits of coast and territory inuring to the respective
claimants. As the United States of America afterwards succeeded to whatever rights
Spain had acquired to Northwest America, it is interesting to learn how, if at all, Spain had
become divested by the Nootka Treaty of territorial claim upon the North Pacific coast.
The British government appointed Captain George Vancouver commissioner to receive
the property recited in the first article. With that leading object, an expedition was
intrusted to his command.
Vancouver sailed from England January 6, 1791, in the ship Discovery^ accompanied
by the brig Chatham^ Lieutenant Robert Broughton. On the arrival of Captain Vancouver
at Nootka August 28, 1792, he found the Spanish commissioner, Bodega y Quadra, in
command. Negotiations commenced on the 30th and continued till the iSth of September.
Senor Quadra finally offered to surrender the land actually occupied by British subjects in
1789, the Spani.sh settlement at Nootka to continue until the decision of the English and
Spanish governments had been obtained. This was the extent of Quadra's powers, — of his
concessions. Captain Vancouver demanded " Nootka in toto, and ClaA'oquot or Port Cox.
The former is the place which had been occupied by British subjects; from thence their
vessels were sent as prizes, and themselves as prisoners to New Spain. This is the place
that was forcibly wrested from them and fortified and occupied by the officers of the Spanish
Crown. This place, therefore, with Clayoquot or Port Cox, were comprehended under
the first article of the convention, and were by that treaty to be restored without any
reservation whatsoever ; on these terms and on these only could he receive restitution of
them." Quadra was inexorable and would consent to nothing except to place Vancouver
in possession. He utterly refused to make formal surrender of the territor}' or any claim
RESTITUTION TO BRITISH SUBJECTS OF SEIZED PROPERTY. 47
thereto of Spain. Vancouver adds : " He would not entertain an idea of hoisting the
British flag on the spot of land pointed out by Senor Quadra, not extending more than
one hundred yards in any direction." And so the Quadra-Vancouver negotiations ended
without practical result. The territory was not surrendered. Captain \'ancouver was
never put in possession of Nootka harbor and the adjacent coast; not even the " small
spot of ground," for the use of which, while the party should be building a schooner,
Captain Aleares had presented to Maquilla, the native chief, a pair of pistols.
Notwithstanding their unsuccessful negotiations, the social relations between these
two illustrious navigators were of the most friendly character. Vancouver relates "that
on the 5th September, after a pleasant joint excursion to Friendly Cove, Quadra earnestly
requested him to name some port or island after both to commemorate the meeting and the
very friendly intercourse that had taken place. Conceiving no spot so proper for this
denomination as the place where we had first met, which was nearly in the center of the
tract of land that had first been circumnavigated by us, forming the southwestern side of
the Gulf of Georgia and the southern side of Johnstone's Strait and Queen Charlotte's
Sound, I named that country the island of Quadra and A^ancouver, with which compliment
he seemed highly pleased."
The two commissioners, in the hope that more specific instructions might be leceived,
arranged to meet again at Monterey, in Mexico. A^ancouver had determined on sending
the Challiatu to England with advices as to the failure of settlement. But Seiior Quadra
generously offered Lieutenant Broughton a passage in his ship to San Bias, and thence to
secure him a transit across Mexico, thereby materially hastening the journey to London,
which \'ancouver accepted. The C/ial/iaiii remained on the coast. Lieutenant Puget
succeeding to command. On reaching England, Lieutenant Broughton was dispatched to
Madrid, and upon his return was assigned to the sloop Providence^ with orders to proceed
to Nootka and receive the possessions due to the British subjects under the first article of the
Nootka Treaty. Broughton arrived at Nootka on the i/tli of March, 1796, but found the
place deserted by the Spanish. Bv letters left, he was informed that the restoration had
been made March 28, 1795, " agreeabl}- to the mode settled by the two courts." Lieutenant
Broughton then departed from Nootka. Lieutenant Pierce of the marines was the English
officer to whom the restoration had been made. General Alava representing the Spanish
government. In the letter to the Duke of Portland, April 25, 1795, Lieutenant Pierce,
after stating that the fort at the entrance of the harbor had been dismantled and the
ordnance placed aboard the Spanish ships, writes :
" Brigadier-General Alava and myself then met, agreeably to our respective
instructions, on the place where formerly the British buildings stood, where we signed
and exchanged the declaration, and counter-declaration, for restoring those lands to his
Majesty, as agreed upon between the two courts, x^fter which ceremony I ordered the
British flag to be hoisted, in token of possession ; and the General gave directions for the
troops to embark." Such is the British version of the Spanish surrender at Nootka
Harbor. The contents of the exchanged declaration and counter-declaration, for restoring
those lands to his Majesty, there is no means of ascertaining. After the unsuccessful
negotiations between Vancouver and Quadra had been communicated to their respective
governments, it would seem that both nations agreed that neither should assert exclusiven.ess
of title to the territories of the North Pacific ; that question as to the sovereignty of the
territory had been reserved ; and that matters at Nootka were intended to have been placed
in their original state. The vessels and property seized by Martinez had been restored ;
48 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
and the sum of two hundred and ten thousand dollars had been accepted as reparation for
damages growing out of his acts. Whatever surrender General Alava had made to Lieut.
Pierce was merely a matter of ceremony. Certain it is, no concession was at that
time made by Spain of her territorial claim upon the northwest coast. Belsham, who
never apologizes for his country's wrong-doing, who believes that history should censure,
where deser\-ed, thus forcibly characterizes this temporary yielding to might :
" But though England, at the expense of three millions, extorted from the Spaniards
a promise of restoration and reparation, it is well ascertained : first, that the settlement in
question never was restored by Spain, nor the Spanish ilag at Nootka ever struck ; and,
secondly, that no settlement had been subsequently attempted b}- England on the California
coast. The claim of right set up by the Court of London, it is therefore plain, has been
virtuall_v abandoned, notwithstanding the menacing tone in which the negotiation was
conducted b}- the British Administration, who cannot escape some censure for encouraging
these vexatious encroachments on the territorial rights of Spain."
In 1796, Spain declared war against Great Britain, and never afterwards made an}''
attempt to reoccupy Nootka Sound. Whether such war abrogated the Nootka Treat}^ and
reinstated in their original condition territorial rights claimed to have been regulated or
acquired under such treaty, are questions which have been greatly discussed. Those
unsettled questions of international law upon which publicists have so widely differed were
divested of all political significance b}- the Treat}- of Limits of June 15, 1846, between
the United States, assignee of the Spanish title, and Great Britain. As Nootka is in the
territor}^ which was ceded to Great Britain by the United States, it is of no real moment
whether Lieut. Pierce was invested by General Alava with the territory surrounding
Nootka Sound, or whether he received onl}' a possessory title to the spot upon which the}'
stood, the spot of ground jMaquilla had granted to Meares for a temporary shelter, while
his crew built the Northivest America. With Broughton's brief visit to Nootka Sound
terminated the \isits of the English. No more acts were ever performed by any British
subjects, or attempted within the harbor or upon its adjacent soil, as a result of the Nootka
Treaty, or of the ceremony in which Lieut. Pierce and General Alava participated. Great
Britain never acquired, much less exercised, any territorial rights over Nootka Sound or
the adjacent territory by virtue of the first article of the Nootka Treaty, which reads :
Article I. It is agreed that the buildings and tracts of land situated on the
northwest coast of the continent of North America, or on islands adjacent to that continent,
of which the subjects of his Britannic Majesty were dispossessed about the month of
April, 1789, by a Spanish officer, shall be restored to the said Britannic subjects.
WM. CAMERON M5KAY, M.D.
PENDLETON, OR .
Chapter VIII.
(17S7-1792.)
strait of Jiiaii de Fuca Discovered — Examinations of Strait by Meares, Gray,
Keiidrick and Spanish Navigators — Vancouver's Survey of Strait, Admiralty
Inlet, Puget Sound and Gidf of Georgia — Discovery of Columbia River — Trade
of North Pacific Coast Exclusively Enjoyed by American Vessels — Tragic Fate
of Crew of Ship Boston — National Character Ascribed to Several Portions of
North Pacific Coast ^ Termination of Coastwise Voyages of Discovery — Coast
Between Forty-three and Fifty-five Degrees Latitude Claimed by Spain, Great
Britain and United States.
WHILE the events which led to and grew out of the Nootka Treaty had been
transpiring, discoveries and explorations of especial interest were being made in
the seas and inland waters adjacent to Nootka Sound.
In the year 1786, La Perouse, the illustrious French navigator, was on the northwest
coast. The expedition consisted of the frigates V Astrolabe and La Boussole. Its purpose
was the exploration in the Pacific and examination of the coasts of America, China, Japan
and Tartary. It sailed from Brest August i, 1785, doubled Cape Horn and journeyed
thence to northwest America, where it arrived June 23, 17S6. La Perouse sailed southward
August 9, 1786, and thoroughly examined the coast from Mount St. Elias to Monterey,
where he arrived September 14, 1786. In latitude fifty-eight degrees he discovered and
named Port des Fran9ais, in which harbor the vessels remained about six weeks. He
forwarded his charts and notes from Petropaulovski, but they were not published until
1798, by which time later voyages of navigators had superseded the names given by La
Perouse. On the 7th of Februar}^, 1788, La Perouse, from Botany Bay, advised the
French Minister of Marine of his future movements, which was the last intelligence ever
received from the French expedition.
In 1787, Captain Berkley, in the [mperial Eagle, an Austrian East Indiaman, had
arrived at Nootka. During the summer he examined the coast as far south as forty-seven
degrees north latitude. He discovered the entrance of the strait on the south shore of
Vancouver Island. To him belongs the honor of having ascertained the existence of the
strait afterwards named Juan de Fuca. Continuing southward, he reached the Isla de
Dolores of the Spanish charts. Dispatching a small boat to the same shore in quest of
fresh water, the crew were all murdered by the natives. As a memorial of their sad fate,
he named the island opposite to the mouth of the stream Destruction Island.
During the next winter (1787-8), Captain Berkley communicated to Captain Meares
of Macao, that the outlet of the strait had been observed by him, but that he had not
attempted an entrance or examination. In 178S, Captain Meares again arrived upon the
northwest coast. Having left a small party at Nootka building the schooner Nortliwesl
America. Captain Meares sailed southward in the Felice.^ on the nth of June, on a vo3'age
of exploration. On the 29th, he made a limited examination of the strait south of
Vancouver Island. He described the entrance as twelve or fourteen leagues broad.
5 (49)
50 HISTORY OK PACIFIC NORTHWEST — OREGON AND WASHINGTON.
" From the mast-head it was observed to stretch to the east by north, and a clear, unbounded
horizon was seen in that direction as far as the eye could reach." He attempted frequent
soundings, "but could procure no bottom with one hundred fathoms of line." Says he :
" The strangest curiosity impelled us to enter this strait, which we will call by the name
of its original discoverer, Juan de Fuca." Subsequently, Mr. Duffin, his first officer, with
a party, explored the strait some fifty miles, determining the port of San Juan. IMeares
sailed southward to examine the so-called mouth of the Rio de San Roque of Heceta. On
the 5th of July, he discovered the entrance of the bay which he named Shoalwater. To
the north point he gave the name Cape Shoalwater, now called Toke Point. After
searching for the entrance of the river San Roque, his conclusion was thus stated : "' We
can now with safety assert that there is no such river as St. Roc exists, as laid down on
the Spanish charts." He further attested his deep-seated convictions that no river entered
the ocean in that vicinity by naming the promontory north of the bay Cape Disappointment.
The bay itself he nominated Deception Bay. Disappointed and deceived, he continued
his cruise southward to latitude forty-five degrees north ; and, upon the 26th of July, he
headed northward, arriving at Nootka on the 27th of August.
In 17S7, Joseph Barrel, a prominent merchant of Boston, projected a voyage of
discovery and commerce to the northwest coast of America. In this enterprise Samuel
Brown, Charles Bulfinch, John Derby, Crowell Hatch and John M. Pintard, all citizens
of the United States, became associated. Two vessels, the ship Columbia, Captain John
Kendrick, and the sloop Washington, Captain Robert Gra}-, were equipped and provided
with assorted cargoes for trade with the natives. They sailed from Boston October, 17S7 ;
and their arrival at Nootka in September, 17SS, has akeady been incidentally mentioned.
In 1789, in a summer voA-age from Nootka down the coast, Captain Robert Gray,
in the Washington, entered the Strait of Juan de Fuca and " sailed through it fifty miles
in an east-southeast direction, and found the pas.sage five leagues wide." In returning to
Nootka, he met the ship Columbia in the strait, ready for sea, bound for China. Captain
Gra}- transferred to the Columbia ; Captain Kendrick exchanged to the sloop, and wintered
upon the coast. The Columbia sailed to Canton, where Gra}' exchanged his furs for a
cargo of tea, with which he arrived at Boston August 10, 1790, via Capeof Good Hope.
To him belongs the honor of having commanded the vessel first to circumnavigate the
globe under the national standard of the United States of xA.merica. In the fall of 1789,
after parting with the Columbia, Captain Kendrick, in the sloop Washington, sailed
through the Strait of Juan de Fuca. Steering northward, he passed through some eight
degrees of latitude, and came out into the Pacific Ocean, north of latitude fiftv-five degrees
north.
The waters adjacent to Nootka Sound continued to be explored by Spanish navigators
while Spain remained in occupanc}- of Nootka. An expedition, consisting of the ship
Conception, Lieutenant Francisco Elisa, the San Carlos, Fidalgo, and the Princess Royal
(the P/incess Royal captured from Captain Colnett), commanded bv Manuel Ouimper,
fitted out by the \'iceroy of Mexico, sailed from San Bias February 3, 1790, arriving earl}^
in .April at Nootka. Fidalgo was sent north as far as Prince William's Sound, thence
southward to examine the coast between fifty-.seven degrees north and Nootka. The
unfavorable weather prevented the coast examination, and Fidalgo returned to San Bias.
To Quimper was assigned the exploration of the Strait of Juan de Fuca. His survey
included the strait and main channel of what is now known as the Gulf of Georgia, —
the main channel between \'ancouver Island and the continent, to which he gave the
EXAMINATION OF STRAIT OF JUAN DE FUCA. 51
name of Canal de Haro, in honor of his pilot, Gonzalo Lopez de Haro. Such is the
channel so notable in history, separating the Island of Yanconver and San Jnan, now
the water bonndar}- line between Great Britain and the United States, as settled b}'
William I., Emperor of United Germanj\ Elisa, with his ship, wintered at Nootka. In
1 791, the San Carlos retnrned to Nootka accompanied by the schooner Santa Saturnina^
Jose Nan-aez. These vessels engaged in the examination of the strait and the Gulf of
Georgia ; and by them those Spanish names were given which are still borne by islands,
bays and points in the vicinity of Archipelago de Haro and Rosario Straits.
In the fall of 1790, after the release of Captain Colnett, he sailed from San Bias to
Nootka, in the Argonaut^ with an order to have restored to him his schooner Princess
Royal; but she had previouslj- sailed for San Bias. He obtained a valuable cargo of
furs, safely reached Macao, and during the next summer at Hawaii received his schooner
from Quimper.
The expedition of Alejandro Malaspina, which visited Nootka this 3'ear, must not
be omitted. He was appointed to explore and ascertain the exact geographic position of
the Spanish-Pacific possessions. The expedition consisted of the two frigates Disaibierta
and Atravida, which sailed from Cadiz, Spain, Jul}' 30, 17S9. Upon arrival at Acapulco,
Malaspina received from the Spanish government a cop}- of the paper b}- Buache, before the
French Geographic Societ}^, defending the integrit}^ of the claim of the alleged vo3-age of
]\Ialdonado, with instructions to ascertain the truthfulness of the Alaldonado narrative,
and whether the strait claimed to have been discovered had an existence. His denunciation
of the Maldonado fraud has alread}- been noted.
After passing Cape St. Elias, he, with Captain Bustamenti, who commanded the
Atravida, with all the ofl&cers and pilots of both vessels, signed and published the
declaration that from Cape Fairweather to Prince William's Sound no strait had been
found. The expedition reached Nootka Sound early in August, 1791, and remained there
until the close of the month.
Malaspina attempted but little examination of the inland seas in the vicinity. He
discovered the mouth of what is now called Eraser river, naming it Rio Blanca, in
honor of the Spanish Minister of State.
Etienne Marchand, a West India navigator and merchant, in 17S8 projected a
voyage around the world for commercial purposes. He sailed from Marseilles in the
ship Le Solide December 14, 1790, and in August, 1791, reached Queen Charlotte's Island.
A complete map and scientific description of the northwest part of Queen Charlotte's
Island was published in 1798, among the charts prepared b}- this navigator, and in the
narrative of this voyage.
Twenty-eight vessels, under the flags of Portugal, France, England, Spain and the
United States, visited Nootka Sound this year. Of these, five were national expeditions,
the remainder traders.
In 1792, two schooners, the Siitil and Mexicano^ respective!}' commanded by Galiano
and Valdes, arrived at Nootka in May. On June 4th, that expedition anchored in Neah
Bay, and from thence proceeded eastward with the survey of the Strait of Fuca. On the
2ist, Galiano and Vancouver met personally, exchanged notes, charts and information, and
agreed to work thereafter together. \^ancouver freely communicated and received
information, but would not accept as correct the work of Galiano. This nettled the
Spaniard, and the two navigators parted. Galiano thoroughly surveyed the Gulf of
Georgia, and passed out north of Vancouver Island around, to Nootka, claiming that he
52 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
had established the fact of Vancouver being an island. This last Spanish exploring
expedition sailed from Nootka for San Bias abont the ist of September, passing the mouth
of the Columbia river, and verif3dng it as an entrance named by Heceta.
Captain \'ancouver, of the British navv, in addition to his duties as British
commissioner under the Nootka Treaty, had been invested with authority to continue his
voyage as an exploring expedition. Among his instructions are the following: "To
survey the Pacific coast of the American continent from the 35th to the 60th parallel
north ; to report the population, situation and extent of settlements b\' civilized nations
within those limits, and especially to seek any water passage between the British colonies
on the Atlantic side and British subjects on the northwest coast; to examine the supposed
Strait of Juan de Fuca, said to be situated between the 4Sth and 49th degrees of north
latitude, and to lead to an opening through which the sloop IVasliington is reported to
have passed in 1789, and to have come out again northward of Nootka."
On the 30th of April, 1792, the Vancouver expedition had entered the Strait of Juan
de Fuca, and penetrated to a point on the south shore named by Vancouver New Dungeness.
On May ist, thev sailed eastward, and entered a bay by him called Port Discovery. The
island abreast of its mouth received its name of Protection Island. The channel to the
southward of Point Wilson was called Admiralty Inlet. Its two great southern arms were
respectively nominated Hood's Canal and Puget Sound. Each of those, with their
numerous islands, inlets, bays and harbors, were successively explored and described. The
names conferred b}- Vancouver still remain, and are the perpetuation of the testimou}- that
no physical feature of interest escaped Vancouver's notice. He determined the inlets of
the great inland sea, happilv called the Mediterranean of the Northwest. Its ever-tortuous
channel he traced to its ^•ery head, and fully and forever set at rest anj- thought that the
Strait of Juan de Fuca afforded a water passage through the continent. His labor
accomplished in those inland waters, he passed out to the northward, through the Gulf of
Georgia, which separates the island of \"ancouver from the continent. Having
circumnavigated that island, upon which was conferred the name of Quadra and Wincouver,
he arrived August 28th at Nootka.
A departure from strict chronologic order has again become necessary. It has been
observed in preceding pages that a discovery, an event or a historic result frequentlv
depends not upon a single act, but a series of acts through agencies inaugurated
independently of each other, sometimes dictated by adverse interests for rival purposes.
Hence such series of acts, with the motives of the several actors, must be represented in
continuous statement to lead up to the real result, — to intelligently make the record. It
is eminently proper, therefore, not to say indispensable, even at the expense of repetition,
to aggregate tho.se chief incidents which develop the search and determine the existence
of the " great river of the West," and to whom belongs the honor of its discovery.
Heceta, on the 1 7th of August, 1775, while coasting homeward to Monterey, discoAcred
an extensive bay, which he placed in forty-six degrees, seventeen minutes north. Midway
between the headlands he noticed that the currents were too strong for his vessel. Says
he : " These currents and eddies of water caused me to believe that the place is the mouth
of some great river, or of .some passage into another .sea." He named the entrance
Assumption Inlet. To the river, which he believed to exist, he gave the name San Roque.
In the summer of 17S8, Captain Meares made an examination, called the ba}- Deception
Bay, and its north headland Cape Disappointment. He emphaticall}- denied the existence
of a river, and that Heceta's Bav was the mouth of anv river.
MRS. ELIZA WARREN
NEE. MISS SPALDING.
MR S.E.L. CHAPMAN
NEE MISS BEWLEY
MRS. S.M.WIRT
NEE MISS Kl M BALL
MRS. O.N DENNY.
NEE MISS MALL.
SOME OFTHE SURVIVORS OF THE WHITMAN MASSACRE,
WHO WERE CAPTIVES OF THE INDIANS.
DISCOVERY OF COLUMBIA RIVER. 53
In August, 1778, the American sloop Washington^ Captain Robert Gray, made the
northwest coast of America near forty-six degrees north. In an attempt to enter an
apparent opening, the sloop grounded, was attacked by savages, one of the crew killed, and
the mate se\erely wounded. Captain Gra}- believed this to have been the mouth of the
river which he afterwards named the Columbia.
On the aSth of September, 1790, Captain Graj', in the ship Columbia^ sailed from
Boston for the northwest coast of America. On the 29th of April, 1792, he spoke Captain
Vancouver off the entrance of the Strait of Juan de Fuca, and communicated to him that
" he had been off the mouth of the river in latitude forty-six degrees, ten minutes north,
where the outset or reflux was so strong as to prevent his entering it for nine days."
Captain Vancouver attached but little importance to that statement of Captain Gray.
He continued upon his course, entering the Strait of Fuca, and upon April 30 he anchored
at New Dvingeness. With the utmost self-complacency he assured himself that he " has
proceeded further up this inlet than Mr. Gray, or (to our knowledge) any other person
from the civilized world." He then observes :
" Considering ourselves now on the point of commencing an examination of an
entirely new region, I cannot take leave of the coast already known without obtruding a
short remark on that part of the continent, comprehending a space nearly 215 leagues, on
which our inquiries had been lately employed under the most fortunate and favorable
circumstances of wind and weather. It must be considered as a very singular circumstance
that, in so great an extent of sea coast, we should not until now (the Strait of Fuca) have
seen the appearance of an}' opening in its shores, which presented any prospect of affording
shelter, the whole coast forming one compact, solid and nearly straight barrier against the
sea. The river Mr. Gray mentioned should, from the latitude he assigned to it, have
existence in the ba}', south of Cape Disappointment. This we passed on the forenoon of
the 27th; and I then observed, if any inlet or river should be found, it must be a very
intricate one, and inaccessible to vessels of our burthen, owing to the reefs and broken water
which then appeared in its neighborhood. Mr. Gray stated that he had been several days
attempting to enter it, which at length he was unable to effect, in consequence of a very
strong outset. This is a phenomenon difficult to account for, as, in most cases where there
are outsets of such strength on a seacoast, there are corresponding tides setting in. Be
that however as it may, I was thoroughly convinced, as were also most persons of
observation on board, that we could not possibly have passed any safe navigable opening,
harbor or place of security for shipping on this coast from Cape Mendocino to the
promontory of Classet; nor had we any reasons to alter our opinions, notwithstanding that
theoretical geographers have thought proper to assert, in that space, the existence of arms
of the ocean communicating with a mediterranean sea, and extensive rivers with safe and
convenient ports."
The usually accurate Vancouver then chronicles objections to parties setting up
claims of discovery, or asserting a belief that channels of communication into the interior
do exist. " These ideas, not derived from anj' source of substantial information, have, it
is much to be feared, been adopted for the sole purpose of giving unlimited credit to the
traditionary exploits of ancient foreigners, and to undervalue the laborioiis and enterprising
exertions of our own countr3'men, in the noble science of discovery."
The feeling maj' be natural to the scientific British navigator, that the American sailor,
making no pretensions to "the noble science of discovery" possessed by Vancouver's
own countrymen, should have the audacity to believe that there was an extensive
54
HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
river near Cape Disappointment asserted by Heceta to exist, which Captain Cook had
failed to obtain sight of, and which Captain Meares asserted did not exist. Awarding
no faith to the statement of Captain Gray, \'ancouver prosecuted his voyage northward.
The latter, satisfied by his own observations, more practical than scientific, returned
southward in search of that river "whose outlet or reflux was so strong as to prevent for
nine days his entering." On the 7th of May, " being within six miles of land, saw an
entrance in the same, which had a very good appearance of harbor, lowered away the jolly
boat, and went in search of an anchoring place, the ship standing to and fro, with a strong
weather current. At one o'clock p. m. the boat returned, having found no place where the
ship could anchor with safety; made sail on the ship; stood in for shore. We soon saw
from our masthead a passage between the sand-bars. At half past three, bore away and
run in northeast by east, having four to eight fathoms, sandy bottom; and, as we drew in
nearer between the bars, had from ten to thirteen fathoms, having a very strong tide of ebb
to stem. Many canoes came alongside. At five P. M. came to five fathoms of water, sandy
bottom, in a safe harbor, well sheltered from the sea by a long sand-bar and spit. Our
latitude observed this day was forty-six degrees, fift^'-eight minutes north." Captain Gray
called this bay Bulfinch Harbor, in honor of one of the part owners of the ship Cohnnbia.
It is now known as Gray's Harbor. Captain Gray remained there until the afternoon of
the loth.
On the nth. Captain Gray, "at four A. M., saw the entrance of our port, bearing east
southeast, distance six leagues ; in-steering sails, and hauled our wind in shore. At eight
A. M., being a little to windward of entrance into the harbor, bore away and run east
northeast between the breakers, having from five to seven fathoms of water. When we
came over the bar, we found this to be a very large river of fresh water, up which we
steered." To this river, into which he sailed to Tongue Point, Captain Gra}^ gave the
name Columbia^ after the name of his ship.
Upon his return to Nootka Sound, Captain Gra}' furnished Sefior Quadra a sketch of
his summer explorations and discoveries, by whom Captain Vancouver was informed of
them. The Quadra- Vancouver negotiations having been brought to a close, Vancouver
.sailed on the 12th of October on a southern cruise with the Discovery^ accompanied by the
Chatham and Doedahis (i), "to re-examine the coast of New Albion, and particularly a
river and a harbor discovered by Mr. Gra}^ in the Columbia between the forty-sixth and
fortj'-.seventh degrees of north latitude, of which Senor Quadra favored me with a sketch."
The Doedahis was left to explore Gray's Harbor. " At four o'clock on the afternoon
of the 19th, when having nearly reached Cape Disappointment, which forms the north
point of entrance into Columbia river, so named b}^ Mr. Gray, I directed the Chatham to
lead into it, and, on her arrival at the bar, should no more than four fathoms of water be
found, the signal for danger was to be made, but, if the channel appeared to be navigable,
to proceed."
The Discovery followed the Chatham till Vancouver found the water to shoal to
three fathoms, with breakers all around, which induced him to haul ofi" to the eastward,
and to anchor outside the bar in ten fathoms. The Chatham came to anchor in ten
fathoms, with the surf breaking over her. Vancouver was as unwilling to believe there
was much of a river as he before had been to attach any credit to Captain Gray's
statement. He thus exhibited his repugnance to acknowledge Mr. Gray's claim of
(1) The DotJalui hnd been ili.spatclicd from Uiigland August 2o, 1791,10 carry additional instructions to Captain Vancouver She was a
storcship m couinmud of (.aptam-Lieulcuaiit lleiigist, who diid ou the voyage out. She arrived at Nootka prior to \.hS Discovery and Chatham.
TRAGIC FATE OF CREW OF SHIP BOSTON. 55
discovery. Says he : " My former opinion of this port being inaccessible to vessels of our
burthen was now fully confirmed, with this exception, that, in ver}- fine weather, with
moderate winds and smooth sea, vessels not exceeding 400 tons might, so far as we are
able to judge, gain an admittance."
Lieutenant Broughton, in the Chatham^ having rounded Cape Disappointment, was
surprised by the firing of a gun from a small schooner at anchor in the bay. It proved to
be the Jciinv, from Bristol, Rhode Island, commanded by Captain James Baker. This
incident suggested Baker's Baj- as the proper name for the little harbor inside Cape
Disappointment. The Chatham sailed up the river to Gray's Ba}-, where Broughton
anchored. With a cutter and launch. Lieutenant Broughton pursued the further
examination of the river. He continued the ascent for seven da3's, to a distance, as he
reckoned, of one hundred miles from his anchorage. This point he named Point Vancouver.
It is the site upon which is erected the cit}' of Vancouver. He then returned to his vessel.
Having been in the river twelve days, and having, as he says, " took possession of the
river and the country in its vicinit}^ in his Britannic Majesty's name, having every reason
to believe that the subjects of no other civilized nation or state had ever entered this river
before, he recrossed the bar, the schooner Jenny leading, and sailed south to join the
Discox'ery. The only palliation for this attempt of Broughton to claim the honor of
discover}- of the river will be found by according to him sincerity of belief in his theor}'',
that the widening of the Columbia below Tongue Point really constituted a bay, of which
bay Gray was the discoverer ; that the true river emptied into Gray's Bay, and that Gray
was never above its mouth. Brough ton's ungenerous and unjust denial of Gray's claim
has long been ignored ; and Captain Robert Gray, the American sailor, is universally
accepted as the discoverer of the great river Columbia.
Vancouver continued upon the coast until late in 1794. His exploration of coasts,
bays, rivers, sounds and inlets was minutely made. To all he gave a name, and with
notable accurac}' determined their positions. The narrative of his voyage is the record
of the most extensive and complete nautical survey which up to that time had ever been
made. His charts are yet held in the highest regard. His nomenclature is deferentially
adhered to; and the thorough manner in which he performed his labor left to his successors
the mere task of verifying its accuracy.
The general war which waged throughout Europe in the closing A^ears of the last
and the early years of the present century' accounts in a great measure for the suspension
of vo3-ages to Northwest America in European ships, and the withdrawal of European
commerce from these northern seas. The East India Company had discontinued issuing
licenses to British subjects to trade within the limits of their grant. British vessels
other than those of the company could not land cargoes in au}^ East India port. Neither
under their license could the company trade in Northwest America. China had excluded
Russian vessels from its ports. The carrying trade of the North Pacific was for the time
necessarily restricted to vessels of the United States.
In March, 1803, the American ship Boston^ Captain John Salter, while trading at
Nootka, was attacked by natives under the lead of Maquinna, the chief The ship was
destro\'ed and but two of the crew escaped massacre. Those two survivors (one of whom
was John R. Jewett, whose name is widely known from the publication of the narrative of
this disastrous vo\'age) made their escape, after three 3^ears' captivity.
With this ends the chronicle of voyages, which had for their object the exploration or
discovery of the coast, — voyages which either entirely or partiality partook of national
50 HISTORY OF PACIFIC XORTHWEST — OREGON AND WASHINGTON.
character; — which were in fact expeditions projected to acquire or maintain territorial
claim; also those voyages, the incidents of which subsequently' affected adjustment of
respective national claims to the coast. Those already recounted will be found to have
constituted the acts and facts by which the coast between certain parallels of latitude
was stamped with nationality of claim. Russia's claim upon the extreme northwest was
undisputed, except that Spain had not abandoned the imaginary right arising from
the grant of Pope Alexander VI. Russian discovery had been followed by settlements
which extended southward to about fifty-five degrees north. Spain had discovered coasts
as high north as Prince William's Sound, sixty-one degrees north, but had not attempted
.settlement north of the mission of San Francisco, latitude thirty-seven degrees, fifty
minutes, — properly speaking, north of the north line of the Spanish departraeiit of
California. Great Britain had asserted claim because Drake, in 1579, had called a part of
the coast New Albion, which coast so named, according to Vancouver, was included
between forty-three degrees and forty-eight degrees. From forty-eight degrees to fifty-five
degrees, that navigator designated New Georgia. Great Britain also denied Spanish
claim to the northern coast above fort^'-eight degrees north, claiming that Spain had
abandoned such territory by the first article of the Nootka Treaty. The claim by Great
Britain of New Albion was a denial also of Spanish claim north of forty-three degrees.
The United States claim by right of discovery was the territory- watered by the Columbia
river. Thus the North Pacific coast, between the north line of California and south
boundary of Russian America, had become a matter of dispute between Spain, Great
Britain and the United States.
""4.
HON. AARON t.WAlT,
1ST CHIEF JUSTICE SUPREME COURT OF
THE STATE OF OREGON.
HON EDWARD LANDER,
T=T CHIEF JUSTICE SU PREM E COURT OF
WASH.TER.
HON.MATHEW R DEADY.
1ST UNITED STATES DISRICT JUDGE
DISTRICT DF OREGON.
HON. C.LANCASTER,
FIRST DELEGATE TO CONGRESS.
FROM WASH. TER.
HON SAMV R THURSTON,
FIRST DELEGATE TO CONORESS.
FROM OREGON TER.
Chapter IX.
(1 766-1 793.)
First Kiunors as to Existence of Rocky Mountains and Great River Beyond
Flowing Westward to Soutli Sea — Fabulous Stories of Hennepin, La Hontau
and Others Stimulate Interior Exploration — The Verendryes, First White
Men to Explore Rocky Mountains — Story of a Yazoo Indian, the First to
Traverse Continent Between the Two Oceans, as Detailed to Le Page — Origin
of the Name Oregon — Journal of Captain Jonathan Carver — Indian Idea of
Interior of North America — Indian Knowledge of Great Rivers Rising in
Interior of North America — Their Stories About the Great River of the
West — That the Word Oregon Is of Spanish Origin, Inconsistent with Carver's
Use of It, nor Is It an Indian Name — Overland Exploration Inaugurated in
Prosecution of Inland Fur Trade — North West Company — Two Expeditions of
Alexander Mackenzie — First Party of White Men Cross Rocky Mountains and
Reach the Pacific Ocean.
AS EARLY as the commencement of the eighteenth century, rumors originated with or
. communicated by Indians roaming west and northwest of the Mississippi river averred
the existence of a great river beyond the mountains, beyond the sources of the Missouri
river. Indian theory, tradition or belief proclaimed a high mountain chain in which the
Missouri found its sources ; that, in those mountains to the west of the headwaters of the
Missouri, another great river took its rise and thence flowed toward the setting sun to a
salt lake of vast circumference. Narratives based on these rumors had been published of
alleged journeys by travelers, embellished with maps and charts indicating the route
pursued, and wonderous matters as to places visited ; their inhabitants, the wealth of
regions, all circumstantially detailed, excited a desire to behold the Shining or Rocky
Mountains ; to see the great river beyond, and to follow it westward down to the South
Sea. Kindred fables to the voyages of Maldonado, de Fonte and de Fuca, the narratives
of Hennepin, La Hontan, Sageau and Carver provoked the attention of the curious, and
invited adventurers, travelers and fur traders to the plains, the mountains, the river
beyond, the illimitable sea into which it flowed, the people which inhabited the region.
The problem of overland travel to and across the Rocky Mountains and to the shores of
the great South Sea, as also the utilization of the wealth of the vast interior of continent,
had become the study of the fur trader. To ascertain accessibility to these fields, and the
means of development of those sources of wealth, were more the incentives to the capitalist
and the adventurous voyageurs than either curiosity or desire to promote scientific
knowledge. But it cannot be denied that these rumors, which had furnished the material
for those fictitious narratives, had contributed much to exciting attention, and tended to
hasten overland journe3'ing westward from the Mississippi river across the Rocky
Mountains. They proved to be the forerunners of path-finding from ocean to ocean.
The discovery of the territory west of the Rocky Mountains and its ultimate appropriation
by our race were the inevitable results.
( 57 )
58 HISTORY OF PACIFIC NORTHWEST — OREGON' AND WASHINGTON.
In 1 73 1, Alarquis de Beauharuais, Governor-Geueral of New France, conferred
authority upon Pierre Gauthier de Varennes, Sieur de la Verendrye, a fur trader, to equip
an expedition to reach the headwaters of the Missouri. To avoid the dreaded Sioux,
Verendrye had permission to ascend the Assiniboin and Saskatchewan rivers, and to
follow any stream flowing westward into the Pacific. His real purposes were to establish
the fur trade, and to ascertain the practicability of overland communication between New
France (Canada and the Province of Louisiana) and the Pacific Ocean. Aline of posts
was built, extending from Lake Superior northwestward at available points to forts of the
Saskatchewan, and at the junction of the Assiniboin and Red rivers. From these forts,
expeditions were dispatched northward and westward in charge of his brother and sons.
In one of these excursions, in 1743, the brother and son ascended the Missouri river to its
source in the Rocky Mountains. They traveled south to the Mandan country. Discovering
no passage through this vast mountain chain, and warned of danger from the Sioux, they
turned back and reached the Missouri in 1744. To this party belongs the credit of having
been the first white men who had ever seen the Rocky or Shining Mountains.
In 1758 appeared the " Histoire de la Lousiane," by Le Page du Pratz. In it will be
found the story of a Yazoo Indian, euphoniously named Moncacht-Ape, which means,
" he who kills trouble and fatigue." In a fascinating vein, Le Page chronicles the
adventures and observations of this learned aboriginal traveler. He details how he
ascended the Missouri river to its source in the Rocky Mountains, tarrying with Indian
tribes to learn their language and inquire the way ; his crossing those Shining Mountains,
exceeding high and beset with dangers ; his march from thence to the beautiful river which
flowed into the great ocean. He there met a tribe called the Otters, two of whose people,
a man and a woman, accompanied him westward. His first view of the ocean he thus
described : " I was so delighted I could not speak. My eyes were too small for my soul's
ease. The wind so disturbed the great water, that I thought the blows it gave would beat
the land in pieces."
Le Page is recognized as a reliable writer. He vouches his entire belief in the
statements of the Yazoo explorer. That narrative, published, as it was, previous to anj^
other person having crossed the Rocky Mountains or who had jonrnej'ed to the Pacific
Ocean, w^iich subsequent visits of travelers have found to be correct, would seem to carr}'
intrinsic evidence of truthfulness ; and its statements appear to have been based on actual
observation.
The meaning of the word Oregon — from whence and how it originated — has never
been satisfactorily ascertained. The first use of the name, as far as is known, must be
accorded to Captain Jonathan Carver. In the journal of "Three years' travels through
the interior part of North America for more than five thousand miles," he describes
himself as a native of Connecticut, and as a " Captain of the provincial troops in
America."
Captain Carver, who had served in the war against the French, left Boston 1766, and
by way of Detroit and Michilmacinac visited the upper Mississippi region embraced
in the present States of Iowa and Wisconsin. He claims to have remained among the
Indians for two years. In the introduction he thus stated his purpose :
" After gaining a knowledge of the manners, customs, languages, soil and natural
productions of the different nations that inhabit the back of the Mississippi, to ascertain
the breadth of the vast continent which extends from the Atlantic to the Pacific Ocean, in
its broadest part, between the 43d and 46th degrees of northern latitude. Had I been
JOURNAL or CAPTAIN' JONATHAN CARVER. 59
able to accomplish this, I intended to have proposed to the government to establish a post
in some of those parts about the Strait of Anian, which, having been discovered by Sir
Francis Drake, of course belongs to the English. This I am convinced would greatly
facilitate the discovery of a northwest passage or a communication between Hudson's Bay
and the Pacific Ocean." Disappointed in his intention to continue his journey " by way
of Lakes Du Bois, Du Pluie and Quinipique to the waters of the great river of the West,
which falls into the Strait of Anian," he claims :
" The plan I had laid down for penetrating to the Pacific Ocean proved abortive. It
is necessary to add, that this proceeded, not from its impracticability (for the further I went
the more convinced I was that it could certainly be accomplished) but from unforeseen
disappointments. However, I proceeded so far, that I was able to make such discoveries
as will be useful in anj* future attempt, and prove a good foundation for some more
fortunate successor to build upon. These I shall now lay before the public in the following
pages ; and am satisfied that the greatest part of them have never been published by
an}' person that has hitherto treated of the interior nations of the Indians ; particularly,
the account I give of the Naudowessies, and the situation of the heads of the four great
rivers that take their rise within a few leagues of each other, nearly about the center of
this great continent, viz.: the river Bourbon, which empties into Hudson's Bay, the waters of
St. Lawrence; the Mississippi, and the river Oregon^ or the river of the West, that falls
into the Pacific Ocean at the Strait of Anian."
Such statement is repeated in the introduction and again in the appendix. He
ascends the St. Peter's river two hundred miles, to the country of the Naudowessies of
the plains (the Dakotahs or Sioux), and refers to a branch of the river from the south
nearly joining the Messorie (Missouri). From statements by Indians, he " has reason to
believe that the river St. Pierre and the Messorie, though they enter the Mississippi twelve
hundred miles from each other, take their rise in the same neighborhood, and this within
a mile." After a description of the tribes he visited, he goes on : "I sa}- from these
nations, together with my own observation, I have learned that the four most capital
rivers of North America, viz.: the St. Lawrence, the Mississippi, the Bourbon, and the
Oregon, or the river of the West, have their sources in the same neighborhood. The
waters of the three former are within thirt}' miles of each other ; the latter, however,
is rather further west." * * * * "This shows that these parts are the
highest lands in North America; and it is an instance not to be paralleled in the other
three quarters of the globe, that four rivers of such magnitude should take their rise
together, and each, after running separate courses, discharge their waters into different
oceans at the distance of two thousand miles from their sources. For in their passage
from this spot to the Bay of St. Lawrence, east ; to the bay of Alexico, south ; to Hudson's
Bay, north ; and to the bay of the Strait of Anian, west, each of these traverse upwards
of two thousand miles." When he arrived at this theor}' he was " two hundred miles up
the St. Peter's river," and that was " the utmost extent of my travels towards the west."
Carver, correctl}-, places the source of the river of the West " on the other side of the
summit of the lands that divide the waters which run into the Gulf of Mexico from those
which fall into the South Sea or Pacific Ocean."
" These parts, which are the highest lands in North America, are the Shining or
Rock}- Mountains, which begin at Mexico and continue northward, on the back, or to the
east of California, separate the waters of those numerous rivers that fall into the Gulf of
Mexico or the Gulf of California. From thence continuing their course still northward,
60 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
between the sources of the Mississippi and the rivers that run into the South Sea, the)-
appear to end in about forty-seven or forty-eight degrees of latitude, where a number
of rivers arise, and empty themselves either into the South Sea, into Hudson's Bay,
or into the waters that communicate between those two seas."
Indians whom he met in his journey doubtless were aware of the existence of the
Rocky Mountains. They had learned that the rivers that had their sources west of those
mountains flowed towards the setting sun; — that there were several of those rivers
which became one mighty river, through which the water of all these smaller rivers
or affluents found its way to the ocean. This idea, knowledge, theory or tradition may
have originated from statements of Indians living west of the Rock)- IMountains, numbers
of whom annually crossed those mountains to hunt buffalo. Indians may have informed
Carver of the proximity of the respective sources of the headwaters of the Missouri and
Columbia. So gradual is the ascent of the Rocky Mountains through several of the
passes, the fact that the summit has been reached is indicated by the mountaiu springs of
these great watercourses flowing in the adverse direction. Maps of North America
published as earl}' as 1750 exhibit "the great river of the West," by which name it was
then designated, though it had never been seen b)' white men. Travelers in the valley of
the Alississippi had received the information from Indians of the countries through which
they passed, who had in turn derived it from more remote Indians, the statement having
originated with and come through members of tribes living west of the Rocky Mountains.
According to their customs, Indians would call a verj' large main navigable river, the river
or the big river, while to small streams or parts of streams they would assign a distinctive
name. There is no more evidence from Carver's journal that the word Oregon referred
to the particular river which Gray subsequently discovered, than that the river Columbia
empties into the fabulous Strait of Anian. There is quite as much evidence of the existence
of the Strait of Anian as of Carver's fancied river named Oregon, " that falls into the
Pacific Ocean at the Strait of Anian." Carver's journal possesses no value whatever as a
contribution to science. Neither its geography nor its natural historj^ has any claim to
belief. It is extremely questionable whether the publication of 1778 contains the results
of Carver's personal observations in 1776-9. It added nothing to the solution of the
problem of internal water communication, or lines of travel through the interior of the
North American continent. It may possibl}' have contributed to the belief that there was
a vast river rising in the Rocky Mountains, not far distant from the headwaters of the
Missouri, from which fact the hope was fostered that there might be practicable water
communications between the interior of the continent and the Pacific Ocean.
The Columbia river so soon thereafter having been discovered at its mouth warranted
the assumption that the sources of that vast river were in the Rock}' Mountains. Carver's
fabulous narrative was accepted as probable because it was based upon a theor}- which was
most probable. Gray's discovery of a great river which did emptj- into the Pacific Ocean,
in a latitude which almost conclusively established where it might have its sources, gave
credence to Carver's story that the great river of the West called the Oregon did take its
rise in the Rocky Mountains, at such a place as is described in his journal. The Columbia
was at once accepted as the great river of the West. Its mouth discovered, its immense
volume ascertained, it required no imagination to place its sources in the great highlands
of the interior in that vast dividing ridge, at just such a place in the Rock}' Mountains
where four great rivers might, where in fact the two mighty rivers of North America do,
within the area of a few square yards, take their rise, and flow in opposite directions into the
HON. WALTER CROCKETT, SR.
WHIDBY ISLAND, W.T.
PIONEER 1851.
ORIGIN OF THE NAME OREGON. 61
two great oceans which are separated by the continent. The little heads which aggregate
into the Missouri and the Columbia are contiguously found in the little valleys among
the summit elevations of the Rocky Mountains. The one flowing east, its waters
ultimately lose themselves in the Atlantic Ocean by way of the Gulf of Mexico, having
in their way swelled the volume of the Missouri and the Mississippi rivers. At the
distance of a few yards, not leagues, the waters flow towards the setting sun. Thej^
contribute to the formation of the great river of the West, the mighty Columbia. To
one of Carver's four great rivers he gave the mythical name, the Oregon. How natural the
belief that the true river Columbia was the great western river which gave origin to the
Indian story or tradition which Carver's journal had promulgated. For a time a color
of plausibility attached to his compilation. His mythical name for the river of the West,
by those who sought to detract from Captain Gray the honor of being its discoverer, was
applied to the river Columbia. But the world would not consent to such injustice. Carver's
mythical name was however perpetuated. The region west of the Rocky Mountains
through which the river of the West found its way to the ocean had been nominated the
Oregon.
The name is a mystery, — doubtless a pure invention of the compiler of Carver's
journal.
It has nevertheless become endeared to every American because of the long struggle
to secure the territory to which the name Oregon was ascribed. It is embalmed in our
affections because Columbia's greatest poet has immortalized it in the best effort of his
lofty genius.
Learned authorities entitled to deference have suggested that the Spaniards applied
the name Oregon to the region, on account of the abundance of wild marjorum (Oreganum)
found along the coast, and conferred the name upon the main river emptying within such
coast limits. This, however, seems untenable. Carver pretended to have picked up this
word among the Indians near Lake Superior, in 1766-8, the narrative of which was
published in 177S. If he was first to apply the name to the river of the West which he
had derived from the Indians in the very heart of the continent, then prior to 1766 they
had learned such name. If he coined it, which is most probable, then for the first time
it was made known in 1778. There is no authentic account that any Spaniard ever landed
upon that portion of the Pacific coast, which fronts the territory drained by the river,
either before Carver's tour, or before the publication of his journal, or Gray's discovery.
Spanish records give the names of every point upon the coast at which they made
anchorages. Heceta, in 1775, named the mouth of the river San Roque. The Spaniards
called the coast California. Gray, in 1792, as soon as the river had been discovered, had
conferred its name Columbia.
The coast had its name among Spaniards, — the river received its name Columbia.
The word Oregon is foreign to the coast ; with that name Spanish explorers had nothing
whatever to do. It was after the Columbia had been discovered, and it proved to be the
great river of the West, that its headwaters were supposed to be identical with that river,
to which Carver had alluded under the name of Oregon.
The late learned Archbishop of Oregon (F. N. Blanchet) relates: "That in 1S57 he
met, at Bolivia, the eminent linguist. Dr. George Haygart, of London, who asserted that
Oregon had its origin in the Spanish word Orejon, meaning big ear." The Archbishop
remarks : " It is probable that the Spaniards who first discovered and visited the country,
when they saw the ears of the natives enlarged by means of huge ornaments, were
62 HISTORY OK PACIFIC NORTHWEST — OREGON AND WASHINGTON.
natural!}^ led to call them Orejon, 'big ears,' and that they applied the word also to denote
the country inhabited." Had the word Oregon originated on the Pacific Coast ; had the
word been used in a single journal, narrative, voyage or report by any explorer of the
coast ; or had such peculiarity of ornamentation of the aborigines been commented upon
by any traveler in the country itself or its coasts ; or were the Spanish word for big ears
an appropriate descriptive word for the most striking peculiarity of the native population ;
if a single one of these premises had been true, — such theory, through deference for its
author, might be accepted as consistent with fact.
Carver either coined the word and the whole stor}-, or attempted to repeat a story
about the existence of " the river of the West " derived from Indian sources, and to add a
name which may have been suggested by their pronunciation. The statement about
rivers is not dissimilar from stories repeated to all travelers who met Indians from the
west of the Mississippi river, — is not inconsistent with their crude drafts of maps exhibiting
their ideas of physical features, rivers, mountains, distances. Indians west of the Rocky
Mountains may have communicated with Indians whom he saw ; but what is most probable,
he either repeated mere tribal traditions, or what other travelers had communicated as the
belief of Indians as to countries west of the Rocky Mountains and towards the Pacific
Ocean. Nor is the word Oregon found in any vocabular3' of Indian language spoken west
of the Rocky Mountains. It will be looked for in vain in the languages of the tribes or
bands among whom he traveled. The Archbishop, while acknowledging his respect for
the opinion of Dr. Haygart, does not adopt the big-ear theory. It is improbable that the
true origin of the word will ever be satisfactorily determined. Like the word California,
whose meaning and origin have so long puzzled the learned, the word Oregon will ever
remain an enigma.
It may be asserted with safety that, before the so-called journal of Carver was
published, the word Oregon had never been applied by Indians. Such a river as the
Columbia the Indians would have called the river, the big river, or the big river running
toward the setting sun, or words of such import, thereby distinguishing it from the
ordinary streams or the affluents of the great river. The good Archbishop illustrates this
Indian peculiarity : " One tribe only, the Chinooks, who lived near the mouth of the
Columbia, gave the river any name, calling it 'Wikaitli Wimakl,' — the grand river."
A name for the region whose history is being traced had become necessary. How it
acquired the name its subsequent historj- rendered so well known was worthy of
consideration. The region to be called Oregon had had its coasts visited and examined ; now
is to begin the occupancy and exploration of the territory itself. Instead of circuitous
voyages by sea, it is to be traced overland. The continent is to be traversed; mountain
chains are to be crossed ; the might}- rivers permeating the interior are to be examined
and utilized. The theoretic " Strait of Anian " is to give place to practical water
communication and overland travel.
The first white man who crossed the Rocky Mountains and reached the shores of the
Pacific Ocean, overland, who led the first party of civilized men through the " Territory
westward of the Stony Mountains to the South Sea," was Alexander Mackenzie, a native
of Scotland, a partner in the North West Fur Company.
After Canada had become a British province, Montreal became the principal point for
the collection and shipment of furs procured from the interior and northern portion of
North America. The Hudson's Ba}' Company enjoyed the exclusive trade within the
Hudson's Bay Territory. Beyond the boundaries of that territory', the merchants of
THE NORTH WEST COMPANY. • 63
Montreal had sent trading parties who had penetrated westward to the base of the Rocky
Mountains, and northwestward to a distance of twelve hundred miles northwest of Lake
Superior. In 1778, Messrs. Frobisher and Pond of Montreal had built a trading-post on
the Athabasca or Elk river, which, till the building of Fort Chipewyan, was the most
remote trading point from the white settlements. These individual enterprises could not
successfull}- compete with the Hudson's Bay Company. This led to the formation, in
17.84, of the North West Company of Montreal. From a voluntary a.ssociation of
merchants, a mere partnership for purposes of trade, a vast organized power was created,
exercising authority and control, and demanding the service and allegiance, of its
emplo3'es and retainers. The North West Company consisted of twenty-three shareholders
or partners. The wealthiest, who furnished the capital, remained at Montreal. The}^
were called agents, and acted as a board of management of the commercial interests of the
compau}-. The other partners, termed wintering partners, were assigned to the several
trading-posts. In prosecution of the fur trade, the company employed about two thousand
persons, classified as clerks or traders, guides, interpreters and voyageurs. The clerks
or traders, usuall}- young highlanders of good family, entered the service for five or
seven vears, and served a thorough apprenticeship. Meritorious discharge of dutj'-
rendered a clerk eligible to partnership. The clerks traded with Indians at various posts
and trading points upon lakes and rivers, some of which were thousands of miles remote
from frontier establishments. The guides, interpreters and voyageurs enlisted for a term
of years, with opportunity for increased pa}- b}- meritorious service. The}- willingl}-
re-entered from love of the life they pursued, assured also that, when disqualified b}- age
or bodih' infirmity, the}- would be retired with a pension.
The trading goods imported from England were packed in bundles each weighing
ninety pounds, and distributed among the various trading-posts. Furs were packed in
bundles of the same weight. These packs were transported in bark canoes by the chain
of lakes and rivers, which canoes and packs were carried o\er portages by voj-ageurs.
The most remote trading points to which goods were sent and from which furs were
received were distant from Montreal over three thousand miles. Four years would elapse
between ordering goods in Montreal, and the sale in London of furs received from the
remote trading points, in return for such goods. Much valuable knowledge of. the interior
was derived from the employes of this company. Shortly after the formation of the North
West Company, Fort Chipewyan was established near the southwest end of Lake
Athabasca or Lake of the Hills, in latitude fifty-eight degrees, forty-one minutes north.
This lake is about two hundred miles long from east to west, with an average breadth of
thirteen miles, and is about equally distant from Hudson's Bay and the Pacific Ocean. It
receives Athabasca or Elk river from the Rocky Mountains. It discharges itself through
Slave river which, after running north two hundred miles, empties into Great Slave
Lake. Alexander Mackenzie was a North West Companj- partner in charge of this
post. For the purpose of determining whether Great Slave Lake, after receiving the water
of Slave river, emptied into the Arctic Ocean, he projected his first voyage of discovery.
On June 3, 1789, Mackenzie with his party left Fort Chipewyan in three bark canoes.
Having passed through Slave river to Great Slave Lake, he discovered at its northwest
extremity an outlet. Mackenzie followed the river northward for nine hundred miles, to its
mouth in the Arctic Ocean in latitude 69 degrees north, longitude 136 degrees west of
Greenwich. To this river he gave his own name. Returning, he examined the country
on the east side of the river, reaching Fort Chipewyan September 12th. i\s there were
64 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
two large rivers west of Hudson's Bay (Coppermine and Mackenzie) which flowed
northward into the Arctic Ocean, any passage of sea connected with the Pacific must be
still farther west. This voyage therefore aided greatly in establishing the extreme
improbability that any passage of sea existed in Northwest America eastward of Behring's
Strait. On the loth of October, 1792, Mackenzie set out on his second voyage. With
two canoes laden with necessary articles of trade, Mackenzie ascended the Unjigah river,
reaching the base of the Rocky Mountains, latitude 56 degrees, 9 minutes north,
longitude 117 degrees, 35 minutes west of Greenwich on the ist of November.
The party remained at this camp until May 9, 1793. In a bark canoe, light enough
for two men to pack, the part}', consisting of ten men with their equipage and three
thousand pounds of provisions and trading goods, embarked at seven o'clock in the
evening, reaching an island in about an hour. At three o'clock next morning they
continued the ascent of Unjigah river. On the loth of June they reached a lake at its
extreme source, latitude 54 degrees, 24 minutes north, longitude 121 degrees west.
Mackenzie says : " We landed and unloaded, where we found a beaten path leading over a
low ridge of land of eight hundred and seventeen paces in length to another small lake.
The distance between the two mountains at this place is about a quarter of a mile." ''" *
* * " Here two streams tumble over rocks from the right, and lose themselves in the
lake which we had left ; while two others fall from the opposite heights and glide into the
lake which we are approaching, this being the highest point of land dividing these waters ;
and we are now going with the stream."
On the 17th of June they reached a navigable river called by the natives "Tacoutche
Tessee," — the great river. Mackenzie descended this in a canoe for two hundred and fift}'
miles, when, leaving it July 4th, he traveled westward, reaching the Pacific Ocean at what
he calls " the cheek of Vancouver's Cascade Canal," in latitude 52 degrees, 20 minutes,
48 seconds north, longitude 128 degrees, 2 minutes west of Greenwich. As he was about
to set out on his return, says his interesting journal : "I now mixed up some vermilion
and grease, and inscribed in large characters, on the southeast face of the rock on which
we had slept last night, this brief memorial : ' Alexander Mackenzie, from Canada by
land, the twent3'-second day of July, one thousand, seven hundred and ninety-three.' "
The party reached their winter camp upon Unjigah river August 24. Early in
September they arrived at Fort Chipew3'an. The geographic result of this voyage was
the confirmation of Captain Cook's conclusion that the continent of North America
extended in an uninterrupted line northwestward to Behring's Strait. Its great and
immediate practical effect was to invite the great companies engaged in inland fur trade to
a new and extensive field.
Mackenzie marked out the proposed field, detailed its physical features, and urged
British capitalists and enterprise to appropriate it. He suggested combination of North
West and Hudson's Bay Companies to divide between them the interior and northern part
of North x\merica, beyond the frontier of the United States and Canadas. Of south of
the line of this vast domain he thus remarks :
" The line may be traced from whence the line of American boundary runs to the
Lake of the Woods, in latitude forty-nine degrees, thirty-eight minutes north, from whence
it is also said to run west to the Mississippi, which it may do, by giving it a good deal of
southing, but not otherwise, as the source of that river does not extend further north
than latitude fort3--seven degrees, thirt3'-eight minutes north, where it is no more than a
small brook. Consequentl}', if Great Britain retains the right of entering it along the
■*!
r
^ ^
•S5
>^i
COL. WW. CHAPMAN,
PORTLAND, OR.
CAPTJOHN H. COUCH,
PORTLAND, OR.
HON.J.W. NESMITH, 0
POLK CO. OR.
COL. J. K. KELLY,
PORTLAND, OR.
HON.JOSIAH FAILING,
PORTLAND, OR.
EXPEDITIONS OF ALEXANDER MACKENZIE. 65
line of division, it must be in a lower latitude ; and, wherever that may be, the line must
be continued west till it terminates in the Pacific Ocean to the south of the Columbia.
This division is then bounded by the Pacific Ocean on the west, the Frozen Sea and the
Hudson's Bay on the north and east. The Russians indeed may claim with justice the
islands and coast from Behring's Strait to Cook's Entry."
Referring to utilization of rivers within such region as a line of communication, he
thus speaks of the Rocky Mountains, and the watercourses finding their sources in that
chain : "The succession of ridges of the Stony Mountains, whose northern extremity dips
in the North Sea in latitude sevent}? degrees north, and longitude 135 degrees west,
running nearly southeast, and begins to be parallel with the coast of the Pacific Ocean
from Cook's Entry, and so onward to the Columbia. From thence it appears to quit the
coast, but still continuing, with less elevation to divide the waters of the Atlantic from
those which run into the Pacific. In those snowclad mountains rises the Mississippi (if
we admit the Missouri to be its source), which flows into the Gulf of Mexico; the river
Nelson, which is lost in Hudson's Bay; Mackenzie's river, that discharges itself into the
North Sea, and the Columbia, emptying itself into the Pacific Ocean. The great river
St. Lawrence and Churchill, with many lesser ones, derive their sources far short of these
mountains. It is indeed the extension of these mountains so far on the seacoast that
prevents the Columbia river from finding a more direct course to the sea, as it runs
obliquely with the coast upwards of eight degrees of latitude before it mingles with the
ocean."
Mackenzie established " the non-existence of any passage by sea northeast or
northwest from the Atlantic to the Pacific Ocean ; but internal communication by rivers
is clearly proved."
He was impressed with the belief that the river he descended, called by the natives
" Tacoutche Tessee," — the great river, — was the Columbia. Such continued popular
opinion until 1812, when the Tacoutche Tessee was traced to its mouth, and proved to be
what is known as Eraser river. With the impression that he had discovered the headwaters
of the Columbia, Mackenzie observes : " By these waters that discharge themselves into
Hudson's Ba}' at Port Nelson, it is proposed to carry on the trade to their source at the
head of the Saskatchewan river, which rises in the Rocky Mountains not eight degrees of
longitude from the Pacific Ocean. The Tacoutche Tessee or Columbia river flows also
from the same mountains and discharges itself likewise in the Pacific in latitude forty-six
degrees, twenty minutes. Both of them are capable of receiving ships at their mouths,
and are navigable throughout for boats."
" The distance between these waters is only known from the report of the Indians.
If, however, this communication should prove inaccessible, the route I pursued, though
longer, in consequence of the great angle it makes to the north, will answer every
necessary purpose. But, whatever course may be taken from the Atlantic, the Columbia
is the line of communication from the Pacific Ocean pointed out by nature, as it is the only
navigable river in the whole extent of Vancouver's minute survey of that coast ; its banks
also form the first level country in all the southern extent of continental coast from
Cook's Entry, and, consequently, the most northern situation fit for colonization, and
suitable to the residence of a civilized people. By opening this entire course between the
Atlantic and Pacific Oceans, and forming regular establishments through the interior, and
at both extremes, as well as along the coasts and islands, the entire command of the fur
trade of North America might be obtained, from latitude forty-eight degrees north to the
66 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
pole, except the portion of it which the Russians have in the Pacific. To this may be
added the fishing in both seas and the markets of the four quarters of the globe. Such
would be the field for commercial enterprises ; and incalculable would be the product of
it when supported b}^ the operations of that credit and capital which Great Britain
pre-eminently possesses. Then would this country begin to be remunerated for the
expenses it has sustained in discovering and surveying the coasts of the Pacific Ocean,
which is at present left to American adv'cnturers, who, without regularity or capital, or the
desire for conciliating future confidence, look altogether to the interest of the moment.
They, therefore, collect all the skins they can procure and in any manner that suits them,
and, having exchanged them at Canton for the produce of China, return to their own
country. Such adventurers, and man}^ of them, as I have been informed, have been very
successful, would instantly disappear from the coast."
The name has now been found for the territory west of the Rocky Mountains. No
passage of sea runs northeast from the Pacific through the continent ; but a magnificent
chain of lakes and might}' rivers constitute a line of water communication throughout the
great interior. Sources of wealth claim consideration of capitalists, of men of enterprise.
The credit and capital of Great Britain is appealed to. American adventurers without
capital, unable to compete successfully with these monster monopolies, are to be driven
from this coast. The sagacious Mackenzie heralded the future policy of the Empire
company, who.se agent he was ; foreshadowed British policy and intent ; defined the lines
by which Great Britain intended to bound her claim to the territory of Northwest America.
Chapter X.
(1792-1810.)
Western Limits of the United States of America — ^ Purchase of Louisiana —
Abortive Projects for Nortliwestern Exploration — Expedition of Lewis and
Clarli to tlie Moutli of tlie Columbia Kiver — The North West Company Establishes
a Trading-Post West of the Kocky Mountains — The Missouri Fur Company —
Commercial Enterprises of Citizens of the United States in Northwest America
— Captain Winship, in the Albatross, Attempts an Establislunent at Oak Point,
on the Columbia Kiver.
BY THE recognition of independence, the United States of America had succeeded
Great Britain as sovereign proprietor of the territory bounded west by the channel
of the Mississippi river. The Canadas were upon the north. Florida, then a Spanish
province on the southern border, separated it from the Gulf of Mexico. Louisiana or
New France, west of the Mississippi river, bordering upon the Gulf of Mexico, extended
indefinitely along the river to the north, and reached westward without prescribed limits,
lu 1762, France had ceded Louisiana to Spain. While it continued a Spanish province,
it mattered not what terms defined its western limits; for Spain asserted territorial claim
on the Pacific coast by right of discover}^, as also by the grant of Pope Alexander VI.
As there was no intervening claimant while Louisiana belonged to Spain, it extended
westward to the Pacific Ocean. The northern boundary of Louisiana had been regulated
by the Treaty of Utrecht (1713), affixing the respective limits of the Hudson's Ba}'
Territory and New France. In 1800, Spain retroceded the province of Louisiana. In
1803, the United States acquired Louisiana by purchase from France.
The " Louisiana Purchase " moved the boundary of the United States indefinitely
westward. The territory thus designated extended from the Gulf of Mexico northward
to the Hudson's Bay Territory.
A digression becomes necessary to learn the extent of the purchase and appreciate
its influence upon, and its direct connection with, the history of the region west of the
Rocky Mountains.
In 1539, Hernando Soto discovered the Mississippi river, near its mouth, and formally
claimed the country watered by it for the King of Spain. Subjects of another nation
settled upon its tributaries. As early as 1772, the French from Canada had thoroughly
explored and occupied its northern affluents. La Salle (1680 to 1683) had examined the
river to its mouth in the Gulf of Mexico. In the name of the King of France he took
possession of the " Country of Louisiana from the mouth of the St. Louis, otherwise
called the Ohio, on the eastern side, and also the river Colbert or Mississippi, and the
rivers which discharge themselves into it, from its sources in the country of the Kious,
as far as its mouth at the sea." Being assured by the natives that his party were the
first whites who had visited the country, he protested against its settlement or invasion
( 67 )
68 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
b}- the subjects of any other nation. In communicating his exploits to the Governor
of Canada (Count Fronteuac), La Salle says: "From the information which I had been
able to collect, I think I may affirm that the Mississippi draws its source somewhere in
the vicinity of the Celestial Empire, and that France will be not only the mistress of all
the territories between the St. Lawrence and the Mississippi, but will command the trade
of China, flowing down the new and mighty channel which I shall open to the Gulf of
Mexico." La Salle returned to France and secured letters patent from the King, to
establish settlements at the mouth of the river. He sailed with a colony, but, missing
the mouth of the Mississippi, went to the westward and settled on Matagorda Bay.
In 1689, d'Iberville, a Canadian, entered the Mississippi and founded a settlement
three hundred miles from its mouth. Bienville about the same time made a settlement
where New Orleans was built. Before 17 10, a number of French settlements had been
made upon the river. In 1712, the King of France executed the famous grant to Antoine
Crozat, which defines the province of Louisiana " as including all the territories by us
possessed, and bounded by New Mexico, and by those of the English in Carolina, all the
establishments, ports, harbors, rivers, and especially the port and harbor of Dauphin
Island, formerly called Massacre Island, the river St. Louis, formerly called the
Mississippi, from the seashore to Illinois, together with the river St. Philip, formerly
called the Missouries river, the St. Jerome, formerly called the Wabash (Ohio), with all
the countries, territories, lakes in the land and rivers emptying directly or indirectly into
that part of the river St. Louis. All the said territories, countries, rivers, streams and
islands we will to be and remain comprised under the name of the government of
Louisiana, which will be dependent on the general government of New France and remain
subordinate to it; and we will, moreover, that all the territories we possess on this side
of the Illinois be united as far as need be to the general government of New France, and
form a part thereof, — reserving to ourself, nevertheless, to increase, if we judge proper,
the extent of tlie government of the said country of Louisiana."
In five years, Crozat relinquished his grant. The Illinois countr}- was annexed to
and formed part of Louisiana ; and the territories watered by the Mississippi and Mobile
were in 1717 granted to Laws' Mississippi Compau}', who held it until 1732, when it
reverted to the Crown and was governed as a French province until 1762.
At this time, Spain claimed dominion of the country by grant of Pope Alexander YL
France asserted claim to the Hudson's Bay Territory as part of Canada. Great Britain,
under the doctrines of continuity and contiguit}', regarded the same as included within
her colonial grants, most of which in express terms extended to the South Sea or Pacific
Ocean. Thus it will be seen that the whole breadth of the American continent, between
the Atlantic and South Sea or Pacific Ocean, was adversely claimed by the three great
European nations, Spain, France and Great Britain.
Shortly after the erection of the province of Louisiana, France and Spain entered into
a treaty of the closest amity, which continued until 1793. Between Great Britain and
Spain, as also between France and Great Britain, a constant struggle for colonial
supremacy in Nortli .\merica had been waged. In the wars between the British and
the Frencli, Spain supported France. Unsuccessful in the contest, France, on the 23d of
November, 1762, ceded to Spain the province of Louisiana, together with New Orleans
and tlie island upon which it is situated. On the loth of February, 1763, a treaty was
entered into by Spain and France of the one part, and Great Britain and Portugal of the
other part, whereby Great Britain acquired the Canadas, and Louisiana east of the
•i'4
GEN't GEO. WRIGHT, US. A.
GEN': PHILIP H.SHERIDAN, U.S.A.
GENb E.R.S.CANBr, U.S.A.
GEN!- O.O.HOWARD, U.S.A.
THE PURCHASE OF LOUISIANA. 69
Mississippi, the mid-channel of that river being fixed as the boundary between the British
and Spanish possessions on the North American continent. The Mississippi was definitely
fixed as the western boundary of the British colonial possessions in North America. Great
Britain renounced all claim to the territor}' westward of that river. Spain had become
assignee of France by the cession of Louisiana, and besides, by reason of the papal grant,
claimed territorial rights on the Pacific coast by right of discovery. Thus the Mississippi
river divided the continent east and west between Great Britain and Spain. The United
States succeeded to Great Britain on the recognition of independence. By the treaty of
peace in 1783, those states which had previously existed as British colonies were limited
in their western boundary by the Mississippi, bj- virtue of the treaty of 1763. In other
words, the established western boundary of the new nation was the mid-channel of the
Mississippi river.
In 1800, the Duke of Parma, a member of the royal family of Spain, received from
Napoleon certain Italian territories. In consideration of which, Spain retroceded to
France " the colony or province of Louisiana, with the same extent it now has in the
hands of Spain, and which it had when France possessed it, and such as it should be
according to the treaties subsequently made between Spain and other States." The
Spanish King issued the order for delivery of the province to the French Republic on the
15th of October, 1802. The United States purchased Louisiana b}- the treaty of April
30, 1S03.
The extent of the "Louisiana Purchase" at once became the immediate subject of
negotiation between the United States, Spain and Great Britain. The measure of
territorial claim accruing to the United States by that purchase entered largel}' into the
negotiation between the United States and Great Britain upon their respective claims to
the country upon the Pa'cific Ocean.
As soon as peace had been declared between Great Britain and the L^nited States
(1783), commercial enterprises of the new republic introduced its starr)' emblem into the
harbors and seas of Northwest America. Most important and valuable discoveries had
been made by citizens of the United States, conferring upon that nation territorial claim
to the territory bordering upon the Pacific. As a consequence of the general internecine
war in Europe, in the latter part of the eighteenth century, the commerce between
Northwest America and China and the East Indies was exclusively carried on by American
vessels. With this increase of commerce, there was a correspondingly increased desire to
acquire knowledge of the country, as also to foster and retain the control of the trade.
The coast had been thoroughly examined. Its ba3/s, harbors and islands were well
known ; but the interior had remained a vast terra incognita.
In 1786, Thomas Jefferson, then United States Minister at Paris, met John Ledyard
of Connecticut, who had accompanied Captain Cook in his last voyage. Mr. Jefferson
suggested to Ledj^ard that he should proceed overland via the Russias to Kamtchatka ;
from thence across in a Russian vessel to Nootka Sound; thence fall down on the latitude
of the Missouri, and penetrate to and through that region to the United States. Ledyard
enthusiastically embraced the plan. The consent of the Russian Empress was obtained,
and the requisite passports furnished. He proceeded on his journey as far as Irkootsk,
within two hundred miles of the Kamtchatkan coast, where he arrived in January, 1787.
There he was compelled to winter. In the spring, when about to resume his journey, an
officer of the Empress arrested him as a sp}', and forbid his return to Russia. He was
carried night and da}' in a closed conveyance to the Polish frontier, broken in health by
70 HISTORY OF PACIFIC XORTHWEST — OREGON AND WASHINGTON.
the severity of his treatment and the hardships of his journey. This frustrated the first
project for the exploration of the interior and western part of the continent.
In 1792, Mr. Jefferson proposed to the American Philosophical Society the engagement
of a competent scientist to explore Northwest America from the eastward, by ascending
the Missouri, crossing the Rocky Mountains, and descending the nearest river to the
Pacific Ocean. Captain Meriwether Lewis, United States army, urgently solicited such
employment ; but Andre Michaux, the French botanist, offering his services, they were
accepted. Michaux received his instructions, left Philadelphia and reached Kentucky,
where he was overtaken by a peremptor}- order from the French Minister to relinquish
the expedition, and to pursue in other fields his botanical inquiries on which he had been
employed b}^ the French government. Thus and thereby European jealous}' a second
time defeated American inland exploration between the Mississippi river and the Pacific
Ocean.
The act of Congress for the establishment of trading-houses with Indian tribes being
about to expire. President Jefferson recommended its continuance, and that its provisions
be made applicable to the Indians of the Missouri. Ever alive to the importance of
acquiring knowledge of the interior and its communication with the Pacific coast, he
embraced this opportunity (iSth January, 1S03) to send a confidential message to Congress,
recommending an exploration to trace the Missouri to its source, to cross the highlands
(Rocky Mountains) and follow the best water communication to the Pacific Ocean.
Congress made an appropriation to carry it into execution. Captain Meriwether Lewis,
the President's private secretary, was selected for the command of the expedition ; and at
his request William Clark was associated with him, and commissioned as a captain in the
United States army. In April, 1803, President Jefferson's instructions were submitted to
Captain Lewis, and were signed June 20th. The governments of France, Spain and
Great Britain were notified of the expedition and its purposes, and passports for the party
were received from the French and English Ministers.
Among other things the instructions provide: "The object of 3'our mission is to
explore the Missouri river and such principal streams of it as, by its course of
communication with the waters of the Pacific Ocean, whether the Columbia, Oregon,
Colorado, or any other river, ma}' offer the most direct and practicable water communication
across the continent, for the purposes of commerce."
" The interesting points of the portage between the heads of the Missouri, and of
the waters offering the best communication with the Pacific Ocean, should also be fixed by
observation, and the course of that water to the ocean, in the same manner as that of the
Missouri." * * '■'■ * " Should you reach the Pacific Ocean, inform j'ourself of the
circumstances which may decide whether the furs of those parts may be collected as
advantageously at the head of the Missouri (convenient as is supposed to the waters of
the Colorado and Oregon or Columbia) as at Nootka Sound, or any other part of that
coast ; and that trade be constantly conducted through the Missouri and United States
more beneficially than by the circumnavigation now practiced." * * * " On your
arrival on that coast, endeavor to learn if there be any port within your reach frequented
by the sea-vessels of any nation, and to send two of your trusty people back by sea,
in such way as shall appear practicable, with a copy of your notes ; and should you be of
the opinion that the return of your party by the way that they went will be imminently
dangerous, then ship the whole, and return by sea, by the way either of Cape Horn, or the
Cape of Good Hope, as j-ou shall be able."
EXPEDITION OF LEWIS AND CLARK. 71
Although the negotiations for the purchase of Louisiana had been successfully
concluded April 30, 1803, the news did not reach Washington until the ist of Jul}'.
Captain Lewis left the seat of government on the 5th to prepare the expedition for the
field. The Spanish Governor of Louisiana had not at that time been officially advised of the
transfer of the province of France, and was still acting. The season was late. Captain Lewis
therefore wintered at the mouth of Wood river, on the eastern side of the Mississippi,
making necessary jjreparatious for setting out early in the spring. The party consisted
of nine 3'oung men from Kentucky, fourteen soldiers of the United States army who
volunteered, two French voyageurs as interpreter and hunter, and a negro servant of
Captain Clark, all of whom, except the servant, were enlisted to serve as privates during
the expedition. Three sergeants were appointed from the number by Captains Lewis and
Clark. In addition a corporal, six soldiers and nine water-men accompanied the expedition
as far as the Mandan nation, — forty-three in all, including Captains Lewis and Clark.
On the 14th of May, 1804, the party crossed the Mississippi river and commenced the
ascent of the Missouri, in keel-boats cordelled by hand. The detailed account of this
notable journey must be sought in one of the several interesting joiirnals. On the
1st of November, 1804, having journeyed 1609 miles, it went into winter quarters in the
Mandan villages. On the 8th of- April, 1S05, the party, consisting of thirty-three persons,
resumed their westward march, and upon the iSth of August had reached the extreme
head of navigation of the Missouri river, — upwards of three thousand miles from its
mouth. They had ascended the main river to the three forks, to which they had given the
names respectively of Jefferson, Madison and Gallatin. Regarding the first named to be
the main stream, they had followed it to its source in the Rocky Mountains. Captain
Clark crossed to the headwaters of the Salmon river (the east fork of Lewis or Snake
river), but abandoned it. The party then ascended Fish creek, a branch of the Salmon,
crossed a mountain ridge and entered the valley of the Bitter-root, and ascended to the
mouth of a creek now called Lou-Lou fork, by them called Traveler's Rest. From
thence the}' passed over the headwaters of the Kooskooskie, and, having reached a point
navigable for canoes, constructed boats and followed the river to its mouth in the Lewis fork
of the Columbia (Snake river), which they reached October 7th. Lewis river was
followed to its junction with Clark's fork ; and thence the party proceeded down the main
Columbia to Cape Disappointment, on the Pacific Ocean, at which they arrived November
14th. They stopped but a few days on the north side of the river, but established their
winter quarters at Fort Clatsop, on the south side, near its mouth, where they remained
until March 23, 1806.
Before setting out on their return eastward, several written notices were left with the
natives, and one posted up in the fort, as follows : " The object of this last is, that, through
the medium of some civilized person who may see the same, it may be made known to the
world, that the party consisting of the persons whose names are hereunto annexed, and
who were sent out by the government of the United States to explore the interior of the
continent of North America, did penetrate the same by way of the Columbia and Missouri
rivers, to the discharge of the latter into the Pacific Ocean, where they arrived on the 14th
day of November, 1805, and departed on their return to the United States by the same
route by which they had come out." This note fell into the possession of Captain Hill of
the brig Lydia^ of Boston, which carried it to Canton, and thence to the United States. On
the back of it was sketched the connection of the respective sources of the Columbia and
Missouri, with the routes pursued, and the track intended to be followed on the return.
72 HISTORY OF PACIFIC NORTHWEST — OREGOX AND WASHINGTON.
The expedition returned by substantially the same route, until reaching Traveler's
Rest creek, when the party divided. Captain Lewis, with nine men, pursued the most
direct route to the falls of the Missouri, exploring the Marias river. Captain Clark, with
the remainder of the party, proceeded to the head of Jefferson river, where he left a small
part}' to descend to the Yellowstone, himself advancing directly to the Yellowstone and
tracing it in boats to its mouth. The several parties reunited at the mouth of the
Yellowstone on the i2th of August, and, having traveled nearly 9,000 miles, reached St.
Louis in safet}' on the 23d of September, 1S06, without having lost a member of the party.
A summar}' b}- Captain Lewis indicates the labors of this memorable expedition :
"The road by which we went out by the way of the Missouri to its head is 3,096 miles;
thence b_v land, by wa}' of Lewis river over to Clark's river, and down that to the entrance
of Traveler's Rest creek, where all the roads from different routes meet; then across the
rugged part of the Rocky Mountains to the navigable waters of the Columbia, 398 miles,
thence down the river 640 miles to the Pacific Ocean, — making a total distance of 4,134
miles. ■ On our return in 1806, we came from Traveler's Rest directly to the falls of the
Missouri river, which shortens the distance about 579 miles, and is a much better route,
reducing the distance from the IMississippi to the Pacific Ocean to 3,555 miles. Of this
distance, 2,575 "liles is up the Missouri, to the falls of that river; thence passing through
the plains, and across the Rock}^ Mountains to the navigable waters of the Kooskooskie
river, a branch of the Columbia, 340 miles, 200 of which is good road, 140 miles over a
tremendous mountain, steep and broken, sixty miles of which is covered several feet deep
with snow, on which we passed on the last of June; from the navigable part of the
Kooskooskie we ascended that rapid river seventy-three miles to its entrance into Lewis
river, and down that river 154 miles to the Columbia, and thence 413 miles to its entrance into
the Pacific Ocean. About 180 miles of this distance is tide water. We passed several bad
rapids and narrows, and one considerable fall, 26S miles above the entrance of this river,
thirty-seven feet, eight inches; the total distance descending the Columbia waters 640
miles, — making a total of 3,555 miles, on the most direct route from the Mississippi, at
the mouth of the Missouri, to the Pacific Ocean."
The successful return of Lewis and Clark created a sensation, not only in the United
States, but in European nations. President Jefferson, in a tribute to Captain Lewis a few
years later (1813), says : " Never did a similar event excite more joy through the United
States. The humblest of its citizens have taken a lively interest in the issue of this
journey, and looked with impatience for the information it would furnish. Nothing short
of the official journals of this extraordinary and interesting journey will exhibit the
importance of the service, — the courage, devotion, zeal and perseverance under
circumstances calculated to discourage, which animated this little band of heroes,
throughout the long, dangerous and tedious travel."
Captains Lewis and Clark did not reach Washington until the middle of February,
1807. The services of the party were duly recognized by an extensive land grant. Lewis
was appointed Governor of Louisiana. Captain Clark was made the General of its militia,
and soon after appointed agent of the United States for hidian affairs. Before Captain
Lewis had prepared for publication the journals and reports of this expedition, in a fit of
melancholy he put an end to his existence (September, 1S09). For a long time he had
been subject to these chronic attacks. During one of these paroxysms, business compelled
him to start for Washington. On his journey thither, his illustrious patron and friend
Jefferson most feelingly remarks, "he did the deed which plunged his friends into
-f/
MAJOR N.A.CONOYER,
ADAMS. OR.
ESTABLISHMENT OF TRADING POSTS WEST OF ROCKY MOUNTAINS. 73
affliction and deprived his country of one of her most valued citizens. It lost too, to the
nation, the benefit of receiving from his own hand the narrative of his sufferings and
snccesses, in endeavoring to extend for them the boundaries of science, and to present to
their knowledge that vast and fertile country, which their sons are destined to fill with
arts, with science, with freedom and happiness."
In New Caledonia (now British Columbia), the employes of the North West Company,
earl}' in the nineteenth century, began to explore the region in the vicinity of, and
immediately west of, the Rocky Mountains.
Previous to 1S05, James Finlay and James MacDougal, in the North West Companj'
service, had traveled as far west as Trout Lake, afterwards called McLeod's Lake. In
the spring of that 3^ear, MacDongal had pursued his examinations as far west as the river
afterwards known as the great fork of the Fraser and beyond Carrier's Lake. In the
autumn and winter of that year, Simon Fraser, a partner iu the North West Company, with
a party established a trading-post on McLeod's Lake, called Fort McLeod and subsequently
named Fort Fraser. On May 20, 1806, Simon Fraser and John Stuart with a party left
the Rock}^ Mountain House, the North West Company station at the eastern base of the
Rock}- Mountains, followed the Fraser river down to Stuart river, believing, as did Sir
Alexander Mackenzie, that it was the Columbia. During that year. Fort James on Stuart
Lake was established ; and, in 1807, Fort George was erected at the junction of the Stuart
and Fraser rivers. From this post, Fraser and Stuart took their departure in 1808, and
descended the river Fraser to its mouth.
From an interesting letter, the following extract is copied :
"Among the first of the trappers (of the western frontier of the United States) who
visited the Columbia river was William Weir, grandfather of Allen Weir, Esq., editor of
the Port Toivnsend Argus.
When Captains Lewis and Clark returned from their exploration in 1S06, they were
accompanied by one of the head chiefs of the Mandaus. The next spring, a detachment
of soldiers were ordered to escort him back to his people. They started np the river in a
barge; and about thirty Americans, among whom was Weir, prepared themselves with
traps and a keel-boat, and started in company.
Before reaching the Mandan village, they were attacked by a band of hostile Indians.
The soldiers took to their oars and, with the current, swiftly went down the river. The
hunters crossed to the other side of the river, and continued to give the Indians a fight.
The savages gathered up their skin boats ; one which could seat four men could be carried
on the head of an Indian. The hostiles descended the river some distance, crossed over
and came down in such numbers that the party were overpowered. In a few minutes
seven of the trappers were killed, and about as many more severely wounded. The party
gathered np the dead, fled to their boat and followed after the soldiers. The whole party
returned to St. Louis and waited until next spring. In the meantime the Missouri Fur
Company had been formed. In the spring of i8o8, that company employed about three
hundred men, principally French, who lived about St. Louis, and sent them up the river.
A party of about forty Americans, among whom was Weir, started up the river on their
own account. In 1809, Weir with nine others crossed the Rocky Mountains and struck
the headwaters of the Columbia river and trapped down the river, wintering just above the
Cascade or Coast range.
Another small company of Missouri trappers wintered at the mouth of the river.
They all trapped on the river and its tributaries during the spring of 1810, and returned
74 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
that summer to the Missouri. They fouud the Indians all frieudly ; they subsisted almost
entirely on fish, which came up the river in great quantities.
Weir often spoke of the large fir timber, the mildness of the climate, the beautiful
appearance of the land and soil, and gave it as his opinion that some day it would be
one of the finest countries in the world. He quaintly added, " at that time it was a long
ways from home."
Among the wintering partners of the North West Company was Daniel Williams
Harmon, a native of Vermont. In the spring of 1800, then a clerk, he set out from
Montreal for the northwest. In 1805, after he had become a partner, he organized a party
to explore the headwaters of the Missouri, cross the Rocky Mountains and follow the
Columbia to its mouth. Ill health compelled his abandonment of the trip. In 1S07-S,
he had charge of Fort Chipewyau. In the fall of 18 10, Harmon crossed the Rocky
Mountains, and wintered upon Fraser Lake. The next spring he assumed the
superintendency of the district of New Caledonia. In this capacity he remained on
duty west of the Rocky Mountains until his retirement from the service in 1819,
upon which he returned to Vermont. Shortly thereafter was published at Andover,
Massachusetts, his "Journal of voyages and travels in the Interior of North America."
In 1808, an association was formed at St. Louis called the Missouri Fur Company,
headed by Mauuel Lisa, a Spaniard. Under its auspices, in 1809-10, numerous
trading-posts were established. One of these was at the headwaters of Lewds' Fork
of the Columbia river, in charge of Alexander Henry. It was abandoned in 1810, in
consequence of the hostility of the Indians, and the great difficulty attending the
provisioning and suppl}- of the post. .
In 1809, Captain Jonathan Winship, of Brighton, Massachusetts, projected a trading
establishment upon the Columbia river, and the taking of seals and other furs upon the
Pacific coast. Two ships were secured, — the O'Caiu, of which he was master, and the
Albatross, Captain Nathan Winship. The Albatross sailed from Boston July 6, 1809,
via Cape Horn and the Sandwich Islands, and arrived at the mouth of the Columbia
river May 25, 1810. She was provided with a complete outfit; and her company
originally numbered twenty-five, to which had been added twenty-five Kanakas.
Through ignorance of the channel, inaccuracies of charts, strong currents and
occasional shoal places, the passage up the Columbia was attended with delays and
difl&culties. After some ten dax's cruising on the river. Oak Point, on the south
side of the river, was selected as the proposed site of the establishment. Land was
cleared, a garden was prepared, seeds were sown, and the erection commenced of the
trading-house and dwelling. The summer freshet of the Columbia river soon after
occurred and effectually checked all further labors. The house, almost completed, was
flooded to the depth of eighteen inches, and the adjacent land overflowed. Captain
Nathan Winship having been advised of the arrival of the O'Cain at the bay of Sir
Francis Drake (now San Francisco), determined to consult his brother, the projector of
the expedition, before attempting another location. He sailed from the Columbia river
July 18, 1810. The Winships, having learned of Mr. Astor's contemplated enterprise at
the mouth of the Columbia river, deemed it unwise to compete with him, and gave up
their project of making a settlement upon the Columbia. Both vessels continued upon the
coast in quest of seal islands and in trading (i).
(r) Chapter XIV, page 173, of Franchere's charming narrative, details the visit of the ship Albatross to Astoria on the 4th of August, 1813. She
bad been chartered by Wilson P. Hunt to bring him from Canton.
CAPTAIN WIXSHIP ATTEMPTS ESTABLISHMENT ON COLUMBIA RIVER. 75
Francliere says: "Captain Smith informed us that in 1810, a year before the founding
of our establishment, he had entered the river in the same vessel, and ascended it in boats
as far as Oak Point ; and that he had attempted to form an establishment there ; but the
spot which he chose for building, and on which he had even commenced fencing for
a garden, being overflowed in the summer freshet, he had been forced to abandon his
project and re-embark. We had seen, in fact, at Oak Point, some traces of his projected
establishment. The bold manner in which this captain had entered the river was now
accounted for."
On the strength of this statement of Franchere, Greenhow accredits the making of
the Oak Point settlement to Captain William Smith of Boston. But while it is true that
Captain Smith was with the Albatross in May, 18 10, there is no doubt that at the time she
was commanded by Captain Nathan Winship. In an article entitled, " Americans at Sea,"
Niles Weekly Register^ August 12, 1820, the able editor, in illustration of his text, quotes
from the Boston Daily Advertiser notices of the exploits of Captain William Smith, of
Boston, from which we extract : " A friend has furnished us with the following remarkable
narrative of the very active and useful life of Mr. William Smith, who was born November
14, 1768, at Flowery Hundred, Prince George county, Va., and came to Boston in 1780.
Since that date he has sailed out of this port. He has since that period performed eight
voyages around the world, besides one voyage and back." Then follows a detail of the
voyages, among which the following occurs :
" 8th voyage. Sailed July 6, 1809, in the ship Albatross^ Nathan Winship, master,
and returned in the ship (9' (Ta/;/, Robert McNiel, master, October 15, 181 7. For about
seven years of this voyage he commanded the Albatross^ etc."
While these inland operations were being enacted, American vessels were pursuing
an active trade in these latitudes. Nootka Sound continued the chief resort, but the
Columbia river was frequently visited. James G. Swan, in his very readable " Northwest
Coast," supplies a list of the northwest trading vessels from 1787 to 1809. It is of great
historical interest, and may be accepted as a true exhibit of commercial enterprise in
Northwest America.
Chapter XL
(1810-1818.)
John Jacob Astor Organizes the Pacific Fur Company — Intriguing Policy of the
Nortli West Company— Treaclierons Conduct of Mr. Astor's Partners — Parties
Sent by Sea and Overland to the Mouth of the Columbia Kiver — Founding of
Astoria — Loss of the Ship Tonquin — Launch of the Schooner Dolly, the First
United States V^essel Built on the Pacific Coast — Pacific Fur Company
Dissolved by British Partners — Transfer of Astor's Stock and Establishment
to North West Company — The Britisli.Sloop-of- War Raccoon Captures Astoria,
Changes Name to Fort George — End of Pacific Fur Company — American
Employees Leave the Country — British Enter Nortli West Company Service —
Restoration of Astoria Under Treaty of Ghent.
IN iSio, John Jacob Astor, a native of Heidelberg and citizen of the United States,
residing at New York, who had amassed a princely fortune in successful commercial
operations, projected an enterprise which combined the prosecution of the fur trade in
every portion of the unsettled territories of America claimed b}- the United States ; the
furnishing of the Russian settlement with trading goods and supplies, receiving furs
in exchange ; and the China trade. At the mouth of the Columbia river was to be
established the depot and center of trade. Through the interior, along the Columbia
and Missouri rivers and their tributaries, at convenient places to insure facilities of
communication, posts were to be located for conducting trade across the continent. Briefl}-,
his grand scheme involved the concentration of the fur trade, the exclusive right to supply
the Russian establishments, and to receive in return Russian furs ; from the sale of which
said supplies were to be paid, as also commission retained. Mr. Astor, had he not been
baffled b}' the treachery or cowardice of his agents, would have controlled the commerce
between China and Northwest America.
A vessel was to be dispatched at regular intervals from New York to the Columbia
river, laden with trading goods and supplies. Having discharged her cargo, she was to
trade on the northwest coast and visit the establishments of the Russian Fur Company,
then return to the river, and, with the furs collected during the year, sail to Canton and
obtain her return cargo of China goods for New York. Mr. Astor regarded this Russian
trade as a most important feature. Arrangements with the Russian government had
guarded against difficulties likely to arise between the coasting vessels of the two
companies.
The North West Compau}- had no trading-posts west of the Rocky Mountains south
of fift3--two degrees north. That company's operations had been confined to the region
called New Caledonia. Its managers were men of great energy and experience. Its
business was conducted with perfect system and managed- with consummate ability. Mr.
Astor sought to avoid competition with that company. With this in view he made known
( 76 )
WE AS KUSH. THREE FEATHERS.
NOTED INDIAN CHIEFS.
ORGANIZATION OF PACIFIC Fl'R COMPANY. 77
his plans to them, invited their co operation, generousl}' offering a one-third interest in the
enterprise. To gain the necessary time to enable the North West Company to send a
party to occupy the mouth of the Columbia river before Mr. Astor's party could have
reached such point, they pretended to take Mr. Astor's proposition under advisement.
Having started David Thompson, the surveyor and astronomer of the company, with
instructions to occupy the mouth of the Columbia river, to explore the river from its
headwaters, and to watch the progress of the Astor enterprise, the North West Company
formally declined ^Ir. Astor's proposition. Mr. Astor, fully aware of this ungracious
return for his generosity and good will, prosecuted his enterprise with renewed vigor.
On the 23d of June, 1810, the Pacific Fur Company was formed. Mr. Astor says:
" I preferred to have it appear as the business of a company, rather than that of an
individual ; the several gentlemen were, in effect, to be interested as partners in the
undertaking, so far as respected the profit which might arise ; but the means were
furnished by me, and the property was solely mine, and I sustained the loss."
He associated as partners Alexander Mackay, Duncan MacDougal and Donald
Mackenzie, all late of the North West Company, men of great experience. Mackay
had accompanied Alexander Mackenzie in his two voyages of discover}-. The partners
subsequently admitted were David and Robert Stuart and Ramsay Crooks, Scotchmen, all
of whom had been in the service of the North West Company, John Clarke, of Canada,
Wilson P. Hunt and Robert Maclellan, citizens of the United States.
The articles of organization provided : Mr. Astor as the head of the company should
remain at New York and manage its affairs. Vessels, goods, supplies, arms, ammunition
and every necessary were to be furnished by him at prime cost, provided they did not
necessitate at any time an advance to exceed $400,000. The stock was divided into
one hundred shares, of which Mr. Astor retained fifty. The remainder went to other
partners, and such persons as might be added to the company. Mr. Astor reserved the
right to introduce other persons as partners, at least two of whom were to be cotiversant with
the Indian trade ; but no individual should be permitted to hold more than three shares of
stock. Twenty years was the duration of the company ; but at the end of five years, if
the business was found to be unprofitable, it might be dissolved. For the first five years,
all the loss was to be borne by Mr. Astor ; after which each partner shared the loss in
proportion to his stock.
The chief agent on the Columbia held the position for five years. Wilson P. Hunt
was selected for the first term. When such chief agent was absent, the vacancy was to be
temporarily filled by a meeting of the partners who were present. To faithfully execute
the objects of the company, and to go to such places as they might be assigned, the
partners solemnly bound themselves. Two of the British partners, before having
subscribed, communicated to Mr. Jackson, British Minister, then in New York, the full
details of Mr. Astor's project. They sought of him knowledge as to their s/a//is as British
subjects trading under the flag of the United States, in the event of a war between the
United States and Great Britain. Mackay was assured by the minister " that he saw our
object was purely commercial, and that all that he could promise was that, in case of a war,
they should be respected as English subjects and merchants." All scruples of those
British partners were dissipated. Their patron did not learn until too late of this gross
disregard of mercantile honor, or, possibly, he might have guarded himself from the
humiliating sacrifice which effectually transferred his enterprise to unscrupulous enemies.
The main party, consisting of Messrs. Mackay, MacDougal, David and Robert Stuart,
78 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
partners, twelve clerks (among whom was Gabriel Franchere, the author of the narrative
of the voyage), five mechanics and thirteen Canadian voyageurs, was to go to the mouth
of the Columbia river, via Cape Horn and the Sandwich Islands, until Mr. Hunt, chief
agent, should arrive at the mouth of the river. Mr. IMacDougal was to take charge. To
convey this party, the ship Tonquin, 290 tons, was fitted for sea, commanded by Captain
Jonathan Thome, a lieutenant in the United States navy, on leave. A full assortment of
Indian trading goods, a bountiful supply of provisions, and the frame timbers of a schooner,
designed for coasting, garden seeds and other articles, in short, everything necessary to
secure comfort, were provided for the proposed settlement.
Before the Tonqiiin was ready for sea, Mr. Astor had been advised that a British
vessel of war was cruising off the Atlantic coast to intercept the Tonqiiin and impress
the Canadians as British subjects. This was at the instance of the North West Company,
purposed to defeat the arrival of the Tonquin, or so delay it that Mr. Thompson's party
would have ample time to arrive first at the mouth of the Columbia. To thwart such
interruption, Mr. Astor secured from the United States convoy off the coast, till the
Tonqiiin could proceed on her voyage without interference from British cruisers.
On the 8th of September, the Tonquin sailed under convoy of the United States
frio-ate Constitution, Captain Isaac Hull, United States navy. The incidents of that
voyage will be found in that most readable of books, " Irviug's Astoria," and in the very
fascinating narrative of Franchere. Mr. Hunt, chief agent, with whom was associated
Donald Mackenzie, was to lead a party overland to the mouth of the Columbia river, and
had gone to Montreal and Fort William to recruit the necessary voyageurs for the service.
The Tonquin arrived at the mouth of the Columbia, and anchored in Baker's Bay on
the 22d of March, iSii. The crossing of the bar and the entrance of the river were
attended with most serious difficulties. Eight of the crew were lost in the attempt to
examine the shores and bays, and mark out the channel.
On the i2th of April, the launch, with sixteen persons, freighted with supplies,
crossed the river and landed upon Point George. There and then was established a
settlement, to which was given the name of Astoria, in honor of the projector of the
enterprise. By the end of the month, the keel of the schooner of thirty tons had been
laid, to be constructed of the frame timbers brought out in the Tonquin.
The report that a party was establishing a post at the second rapids of the Columbia
was the occasion of Mackay ascending the river to the first rapids, now called the Cascades.
His Indian crew refused to go farther. At that point nothing could be definitely learned
of any Whites being on the upper Columbia. The intelligence that a trading-house had
been established by the North West Company, on the Spokane river, was shortly afterwards
confirmed (i).
On the first of June, the Tonquin sailed north, Alexander Mackay, one of the partners,
accompanying as supercargo. By the middle of the month, she had reached Cl3-oquot
Sound, on the west coast of Vancouver's Island, and was anchored opposite the Indian
town of Newitty. They were about to commence trade with Indians of Wicanish's tribe
for sea-otter skins. At a preconcerted signal, the Indians, who had unwisely been
permitted to crowd the deck of the Tonquin, commenced an attack. Captain Thorne and
Mr. Mackay were almost immediately killed. All upon deck met a like fate. When
Captain Thorne first observed that the actions of the Indians indicated hostility, he had
(ij This was the Spokane House, established twenty miles from the mouth of Spokane river by Macdonald. clerk in the North West
Company's service. About the same lime, that company also established forts on Clark's Fork of the Columbia, and on the Kooteuais.
LOSS OF THE SHIP TONOUIN. 79
endeavored to make sail, and had ordered some of the crew up into the rigging. Five of
the sailors were still aloft ; one in ascending was badly wounded. The remaining four
had continued concealed. x\fter the fight was over, the Indians went ashore. Returning
to rob the ship, the five survivors successfully repelled the savages with firearms. In the
night, at the urgent solicitation of Lewis, the wounded sailor, the four left the ship in one
of her boats. Next morning the Indians in great numbers again boarded the Tonquui.
When they had most numerously collected, the gallant Lewis, the wounded sailor, fired
the magazine, blew up the ship, creating sad havoc among the hordes of savages who were
stripping and robbing the Tonquin. Thus was the murder of Captain Thorne and the
crew of the Tonqnin promptly avenged. The four sailors who had endeavored to escape
were overtaken and put to death with atrocious torture. One Indian interpreter was the
sole survivor of that cruel massacre. He was retained in close captivity for more than
two years, when he escaped through the various coast tribes. The account of the loss of
the Toiiquin was derived from the interpreter on his return to Astoria. There had been a
misunderstanding between Captain Thorne and the Indian chief on the preceding day.
Captain William Smith, an old and experienced trader on the North Pacific coast, then
mate of the Albatross^ of Boston, attributed the real provocation of this tragic affair to
the conduct of Captain Ayres, of Boston. A short time previous the latter had been
trading at Clyoquot Sound, and had induced some ten of the tribe to accompany him to
the islands near the Bay of San Francisco, to hunt seals. He had given a most positive
assurance for their safe and early return. He sailed southward and violated that promise.
In accordance with Indian custom, his inhuman perfidy was revenged by an equivalent
sacrifice, from white men who fell into the hands of the outraged tribe.
On the 15th of July, David Thompson, astronomer of the North West Company, in
a canoe bearing the British flag, with a crew of eight white men, arrived at Astoria. In
the summer of iSio, the North West Company fitted out the Thompson party; and, when
the necessary start had beeu secured to effect their object, the}- declined Mr. Astor's
proposition for co-operation in his project. Thompson reached the Rocky Mountains, but
was long dela3-ed in finding a pass. Several of his party deserted, which necessitated his
return to the nearest post to winter. In the early spring of iSii, he hurried forward,
crossing the Rocky Mountains in fifty-two degrees north, and striking the extreme
northern source of the Columbia, where a canoe was built to descend the river. In their
descent they built huts at the forks of rivers, erecting flags, distributed little flags among
the natives, and took formal possession of the country watered by the Columbia and its
tributaries, in the name of the King of Great Britain, for the North West Company.
But Mr. Astor's settlement had been effected. Thompson could not occupy the lower
Columbia and its mouth ; but he made an exploration and reconnoissance of the river and
the immediately adjacent country. Franchere observes : " Mr. Thompson kept a regular
journal, and traveled, I thought, more like a geographer than a fur trader. He was
provided with a sextant, chronometer and barometer, and, during a week's sojourn at our
place, had an opportunity to make several astronomical observations." Though sent by
the North West Company to countervail the operations of a rival enterprise, in fact upon
a hostile expedition, yet Mr. MacDougal, the temporary chief agent representing Mr.
Astor, received him with the utmost cordiality. Against urgent remonstrance of David
Stuart, he furnished Mr. Thompson with supplies and the means to return. David Stuart
was about starting for the Spokane country to establish a post, when Mr. Thompson
arrived. Mr. Stuart consequentl}- delayed his departure until the 23d, when both parties
80 HISTORY OK PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Started in canoes for the upper Columbia. They continued together for more than six
hundred miles, when Mr. Thompson and his party left the river and marched overland
across the Rocky Mountains. At the junction of the Columbia and the Okanagon rivers,
Mr. Stuart erected Fort Okanagon, the first interior post west of the Rocky Mountains
south of latitude forty-nine degrees north. Of the drift wood collected on the promontory
made by the two rivers, he built a log house in which he and his company wintered.
On the 2d of October, the schooner Dolly was launched. She was the first United
States vessel built on the Pacific coast. The infant settlement at Astoria was in a very
discouraging, despondent condition. The little band, reduced in numbers, had not learned
of the sad fate of the Tonquin, now overdue; and their anxiety for their fellows was
intensified by Indian rumors, that a ship on the Strait of Fuca had been destroyed and
her crew murdered. Their supplies were growing low; nothing had been heard of Mr.
Hunt and his overland party. Winter was upon them, and there was but little to give
encouragement.
On the 8th of January, 1812, a portion of Mr. Hunt's party reached Astoria in a most
wretched plight. The remainder arrived on the 15th of February. The party had
experienced the most severe hardships in their tedious journey. Messrs. Hunt and
Mackenzie, at Montreal, in their efforts during the summer of 18 10 to secure men, had
been subjected to the greatest difficulty through the jealous interference of the North
West Company. Men who had engaged to serve were dissuaded, threatened and bought.
Unsuccessful at Montreal, they went to Fort William, where the same annoyances were
renewed. From thence they went to St. Louis, where they arrived September 3d. At that
point the Missouri Fur Company baffled Mr. Hunt's effort, even more than the North West
Company had done at Montreal and Fort William. To retain the men he had secured,
Mr. Hunt, on the 21st of October, left St. Louis. The party in three boats ascended the
Missouri river four hundred and fifty miles to the mouth of the Nodowa, where, on the
i6th of November, he established winter quarters. Mr. Hunt, to reinforce his party, then
returned to St. Louis, where he arrived January i, 181 1. After continued anno^^ance and
vexatious disappointments, he made up his force, returned to the winter camp, and started,
April 17th, for the Columbia river. They ascended the river in four boats, the largest of
which mounted a swivel and two howitzers. In the party were five partners, Messrs. W.
P. Hunt, Donald Mackenzie, Robert Maclellan, Ramsay Crooks and Joseph Miller, one
clerk, forty voyageurs, an interpreter and several hunters. The Missouri Fur Company
continued its persecutions during the ascent of the river, subjecting Mr. Hunt's party to
delays, difficulties and annoyances by the Indians. Having traveled fourteen hundred
miles, they abandoned the boats and marched overland. Following the headwaters of the
Yellowstone, they crossed the Rocky Mountains in September. Having reached one of
the affluents of Lewis' Fork of the Columbia, the party built canoes, intending to descend
to the mouth of the Columbia. In consequence of the rapids and dangerous navigation,
the river was abandoned and the journey to Astoria resumed b}- land.
On the 5th of May the Beaver, a ship of 490 tons. Captain Sowles, which had been
dispatched by Mr. Astor the preceding October, arrived at Astoria. She brought as
passengers John Clarke, of Canada, a partner, six clerks, and twenty-six Kanaka laborers.
Among the clerks was Ross Cox, author of the " Adventures on the Columbia River."
In those " Adventures," Tvlr. Cox thus pictures Astoria, as it was upon his arrival in
May, 181 2 :
J\ 5, ^ r i
1
1 ^
, t-
^\
'1
-^
^
%
— •isSi.
>>5
THE PACIFIC FUR COMPANY. 81
" The spot selected for the fort was a handsome eminence called Point George, which
commanded an extensive view of the majestic Columbia in front, bounded by the bold and
thickly wooded northern shore. On the right, about three miles distant, a long, high and
rocky peninsula, covered with timber, called Tongue Point, extended a considerable
distance into the river from the southern side, with which it was connected by a narrow
neck of land; while on the extreme left Cape Disappointment, with the bar and its terrific
chain of breakers, were distinctly visible. The buildings consisted of apartments for the
proprietors and clerks, with a capacious dining-hall for both ; extensive warehouses for
the trading goods and furs, a provision store, a trading-shop, a smith's forge, carpenter's
shop, etc. ; the whole surrounded by stockades forming a square, and reaching about
fifteen feet above the ground. A gallery ran around the stockades, in which loopholes
were pierced, sufficiently large for musketry ; each bastion had two stories, in which a
number of chosen men slept every night ; a six-pounder was placed in the lower story of
each, and they were both well provided with small arms. Immediately in front of the
fort was a gentle declivity, sloping down to the river's side, which had been turned into an
excellent kitchen garden ; and, a few hundred rods to the left, a tolerable wharf had been
run out, by which bateaux and boats were enabled, at low water, to land their cargoes
without sustaining any damage. An impenetrable forest of gigantic pines rose in the
rear ; and the ground was covered with a thick underwood of briar and whortleberry,
intermingled with ferns and honej'suckle."
In June, the brigades, as the}' were called, left Astoria for the interior, respectively
under the charge of John Clarke and Donald Mackenzie, who were sent to the Upper
Columbia country to establish trading-posts. The former established a post at the junction
of the Spokane and Coeur d'Alene rivers, and the latter on the Shahaptan river, or the
Lewis' Fork of the Columbia, now called Snake river. A third party under David Stuart
returned to Fort Okanagon, and during the season went north to Thompson's river.
On the Willamette, 150 miles from its mouth, another trading-post was located.
Robert Stuart left at the same time to cross the continent as bearer of dispatches to Mr.
Astor. He was accompanied by Robert Maclellan, Ramsay Crooks, Joseph Miller,
partners, Benjamin Jones, hunter, and two voyageurs. The parties traveled together to
the Walla Walla river. Robert Stuart's party then traveled southeast, and, in the month
of November, discovered the South Pass in the Rocky Mountains, which afterwards
became the great gateway of the emigrant route to the Pacific. They wintered on the
Platte river, and arrived in St. Louis in April, 1813.
On the 4th of August, the Beaver sailed for Sitka, Mr. Hunt accomjDanying. Pursuant
to Mr. Astor's instructions, she was to have returned to Astoria for the furs there collected
before sailing to Canton, and hence was due at Astoria in October. While at Sitka, Mr.
Hunt negotiated with Baranofif, Governor of Russian America, a highly advantageous
arrangement for the Pacific Fur Company. The two companies were not to interfere
with each other's hunting or trading grounds ; and they were to operate jointly against
trespassers on the rights of either. The Pacific Fur Company was to enjo}' the exclusive
privilege of suppl3nng the Russian posts, the pa}' for which was to be in peltries. The
Pacific Fur Company was to receive all the Russian furs and convey them to Canton, and
to receive a commission for their sale.
Having collected large quantities of furs, the Beaver proceeded to Canton via the
Sandwich Islands, instead of returning to Astoria. Mr. Hunt went with her to Oahu,
there to await the vessel then expected from New York, by which he was to return to
82 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Astoria. Before this agreement could go into effect, war had been declared between
Great Britain and the United States. Mr. Astor learned that the North West Company
was fitting out the Isaac Todd, a ship mounting twenty guns, to seize Astoria. As a
large majority of the employes of the company were British subjects, Mr. Astor anticipated
difficulty, as soon as the existence of the war should become known. He appealed to the
United States government for a force to defend Astoria, to maintain possession of
the mouth of the river.
His efforts being in vain, he fitted out the Lark, which sailed March 6, 1813. In the
early part of 181 3, matters at Astoria were in a ver}- unsatisfactory condition. The
Beaver, with Mr. Hunt on board, expected in October preceding, had not been heard from,
and great anxiety was felt as to her safety. Mr. IMackeuzie had been very unsuccessful at
his post on the Shahaptan river and, becoming disheartened, had determined on being
assigned to another post. In this mood he visited Mr. Clarke. While Mackenzie was
there they were visited b}- John George MacTavish, a partner of the North West
Company, who communicated the news of the declaration of war, and boastfully stated
that the North West Compan3-'s armed ship, the Isaac Todd, had sailed, and was to be at
the mouth of the Columbia in March, and that he had received orders to join her at that
time ; that full supplies had been sent by his company for the countrj- west of the Rocky
Mountains, and, with the coming spring, the North West Compau}- w'ould be prepared for
vigorous opposition. Mackenzie no longer doubted as to his course. He at once returned
to Shahaptan, broke up the post, cached all the provisions, and with his party went to
Astoria, which they reached January i6th.
Having communicated the news of the war to MacDougal, who was agent-in-cliarge
during Mr. Hunt's prolonged absence, the two, the only partners present, resolved to
abandon Astoria in the coming spring and recross the Rocky Mountains. To enable
them to execute this resolve, Mackenzie set off at once to recover the cached provisions,
and with them purchase from the Indians necessary horses. He carried dispatches
from MacDougal to Messrs. Clarke, and D. Stuart, apprising them of the resolution to
abandon Astoria and to return to the United States, and advised the making of necessar}-
preparations. On his way, Mackenzie met a party of the North West Company in
command of MacTavish and Laroque, en route to the mouth of the Columbia to await the
arrival of the Isaac Todd. The parties camped together, leaders and men, as the graceful
Irving remarks, " mingled together as united by a common interest, instead of belonging
to rival companies trading under hostile flags.''
When Mackenzie reached Shahaptan, he found his cache had been robbed by the
Indians ; he was therefore without means to purchase horses. He forwarded the orders
of MacDougal to Messrs. Clarke, and David Stuart. Walla Walla was agreed upon as
a rendezvous for the three parties to meet, to proceed together to Astoria for conference.
In two boats and six canoes, they together descended the Columbia river, reaching Astoria
June 1 2th. MacDougal had determined on dissolving the company July ist, and had so
apprised MacTavish. Both Stuart and Clarke, who had been very successful, refused to
break up their posts ; and they utterly ignored the advice to provide horses and make
preparations for leaving the countr}-. Mackenzie's provisions having been stolen, he
had failed to accomplish anj-thiug, and of necessity the departure was deferred. Messrs.
Clarke and Stuart finally yielded consent, that if aid did not come from the United States,
and the prospect at Astoria improve, the countr}^ should be abandoned in the ensuing
year.
TRANSFER OF ASTOR'S STOCK AND ESTABLISHMENT. 83
MacTavisli, who was camped at the fort, made application to purchase trading goods.
MacDougal proposed to sell to him the post on the Spokane, for horses to be delivered the
next spring. After much urging by MacDougal and Mackenzie, this proposition was
accepted. Messrs. Clarke and Stuart were to winter at their posts. Mackenzie was
transferred to the post on the Willamette for the winter; three clerks, among whom
was Ross Cox, were transferred to the service of the North West Compan3^ An
arrangement for the dissolution of the company, to take effect June ist of the next j'ear,
in accordance with the articles of agreement, which provide for an abandonment of the
enterprise should it be found unprofitable, was signed by the four partners. Clarke and
Stuart were extremely reluctant, yielding because of the determination of MacDougal and
Mackenzie to abandon the country. On the 20th of August, Hunt arrived at Astoria.
He was powerless to change the result. The causes of discouragement were presented by
MacDougal, who pretended that he desired to save Mr. Astor's interest before the place
fell into the hands of the British vessels on their way out. Mr. Hunt at length acquiesced,
and consented that the management of the business should be intrusted solel}- to
MacDougal, if he (Hunt) did not return by the ist of January. Mr. Hunt then sailed to
secure a vessel to convey the property to the Russian settlements till peace was declared,
and also to give a return passage to the Sandwich Islands of the Kanaka laborers. Hunt
agreed that, if the men became dissatisfied, they might be transferred to the North West
Company, MacTavish becoming responsible for their wages, accepting goods to discharge
indebtedness to them.
On the 2d of October, Mackenzie, with a party of twelve men in two canoes, started
to advise Messrs. Clarke and Stuart of the new arrangement. He met MacTavish and J.
Stuart, partners of the North West Company, with sevent3'-five men in ten canoes, on their
way down the river to meet the frigate Plicebc and the ship Isaac Todd. Clark had been
advised of the alarming news, and he had come with them as a passenger. Mackenzie
camped with the party that night and resolved to return with them to Astoria. Mackenzie
and Clarke during the night made an attempt to slip off, with a view of getting a start,
and reaching Astoria first with the news. But as they pushed out into the river two of
MacTavish's canoes followed. On the 7th of October, MacTavish and Mackenzie both
reached Astoria. The North West Company's party camped at the fort. Alacdougal
prohibited the hoisting of the American flag by the young American employes. The next
day MacDougal read to the assembled employes a sensational letter from his uncle Angus
Shaw, one of the principal stockholders of the North West Company, announcing the
sailing of the frigate Plicebe and the ship Isaac Todd^ with orders " to take and destroy
everything American on the northwest coast."
This dramatic scene was followed by a proposition of MacTavish to purchase the
interests, stocks, establishments, etc., of the Pacific Fur Company. MacDougal then
assumed sole control and agency because of the non-arrival of Hunt, and after repeated
conference with MacTavish, in which the presence of the other partners was ignored, the
sale was concluded at certain rates. A few da3's later, Mr. J. Stuart arrived with the
remainder of the North West part}'. He objected to MacTavish's prices, and lowered the
rates materially. ]\Ir. Stuart's offer was accepted by MacDougal ; and the agreement of
transfer was signed October i6th. B3' it Duncan MacDougal, for and on behalf of himself,
Donald Mackenzie, David Stuart and John Clarke, partners of the Pacific Fur Compan}',
dissolved Jul}' ist, pretended to sell to his British confreres and co-conspirators of the
North West Company " the whole of the establishments, furs and present stock on hand,
84 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
on the Columbia and Thompson's rivers," payable in three drafts on Montreal. This
transaction, so dishonorable and perfidious to Mr. Astor, so disgraceful to the parties who
consummated it, is thus detailed by John Jacob Astor in a letter to John Quincy Adams,
Secretary- of State :
" MacDougal transferred all my property to the North West Company, who were in
possession of it by sale, as he called it, for the sum of fifty-eight thousand dollars, of which
he retained fourteen thousand dollars for wages said to be due to some of the men. From
the price obtained for the goods, etc., and he having himself become interested in the
purchase and made a partner of the North West Company, some idea may be formed as to
this man's correctness of dealing. He sold to the North West Company eighteen
thousand, one hundred and seventy and a quarter pounds of beaver at two dollars, which
was at that time selling in Canton at five and six dollars per skin. I estimated the whole
property to be worth nearer two hundred thousand dollars, than forty thousand dollars,
about the sum I received in bills on Montreal."
After David Thompson had returned, in iSii, from his expedition to secure for the
North West Company the first occupancy of the mouth of the Columbia, the North West
Company urged interference by the British government to prevent the establishment of
American settlements in the territory drained by the Columbia river. The British
government, while peace continued, had declined to assert acts of exclusive sovereignty
over the region. Upon the declaration of war, the North West Company renewed its
efforts with the government to expel its rivals, to seize and occupy the territory. Its
appeals were based on national policy. The wealth and importance of the country were
portrayed ; the Americans should be prevented from firmly establishing themselves and
acquiring the territory. The company's petitions were successful. They asked for convoy
for their ship Isaac Todd, which was a storeship to carry out supplies, provisions, goods
and necessaries to establish settlements, to hold the country against Americans, and
acquire its entire trade. A squadron, consisting of the frigate Pho'be, the sloops-of-war
Raccoon and Chcnib, was ordered to the mouth of the Columbia " to take Fort Astoria
and destro}' the settlement." Ross Cox, one of Astor's clerks who deserted him and took
serv'ice in the North West Company, thus narrates the capture of Astoria :
"The Isaac 7t»«'rt' sailed from London in March, 1S13, in company with the Pluvbe,
frigate, and the Cherub and Raccoon, sloops-of-war. They arrived safe at Rio Janeiro,
and thence proceeded around Cape Horn to the Pacific, having previousl}^ made
arrangements to meet at Juan Fernandez. The three men-of-war reached the latter
island, after encountering dreadful gales about the cape ; they waited there some time
ior \.h.& Isaac Todd; but, as she did not make her appearance. Commodore Hillyer did
not deem it prudent to remain any longer inactive. He therefore, in company with the
Cherub, proceeded in search of Commodore Porter, who, in the American frigate Essex,
was clearing the South Seas of English whalers, and inflicting other injuries of a serious
nature on our commerce. He shortly after met the Essex at \'alparaiso, and after a severe
contest captured her.
" At the same time he ordered Captain Black, in the Raccoon, to proceed direct to the
Columbia, for the purpose of destroying the American settlements at Astoria. The
Raccoon arrived at the Columbia on the ist of December, 1813. The surprise and
disappointment of Captain Black and his officers were extreme, on learning the
arrangement that had taken place between the two companies, by which the
establishment had become British property. They had calculated on obtaining a
.-'*^''%, 3
ISSV* ^S
CAPT. W'!!' MARTIN,
PENDLETON, OR.
A PIONEER OF 1843.
CAPTURE OF ASTORIA BY BRITISH SLOOP-OF-WAR RACCOON. 85
splendid prize by the capture of Astoria, the strength and importance of which had
been much magnified ; and the contracting parties were therefore fortunate in having
closed their bargains previous to the arrival of the Raccoon.
" On looking at the wooden fortifications, Captain Black exclaimed : ' Is this the fort
about which I have heard so much ? D — n me, but I'd batter it down in two hours with
a four-pounder.' Captain Black, however, took possession of Astoria in the name of his
British Majesty, and re-baptised it by the name of Fort George. He also insisted on
having an inventory taken of the valuable stock of furs, and all other property purchased
from the American company, with a view to the adoption of ulterior proceedings in England
for the recovery of the value from the North West Company ; but he subsequently
relinquished this idea, and we heard no more about his claims."
The formal capture of Fort Astoria took place on the 12th of December, at which
time the colors of the United States were hauled down and the flag of Great Britain
raised.
In the August preceding, Mr. Astor's chief agent, Mr. Hunt, had left Astoria in the
ship Albatross for the Sandwich Islands to procure a ship to receive the property of the
Pacific Fur Company, and to afford passage to such of its emplo3'es as desired by sea to
return to the United States. The ship Lark sent out by Mr. Astor, on arriving at the
Islands, was wrecked. The Beaver was still blockaded in China. Mr. Hunt at length
purchased the brig Ped/er., put Captain Northup, late of the Lark, in command, and
returned to Astoria on February 28, 1814. He found the fort converted into a North
West Company establishment. His late 'copartner MacDougal, whom he had left in
charge to represent Mr. Astor, was still in charge, but now transformed into a North West
Company partner. There was nothing left Mr. Hunt to do but to receive from MacDougal
the drafts on Montreal, the purchase-money for the stock and establishments of the Pacific
Fur Compau}'. The Pcdler then sailed for New York, by way of Canton, Mr. Hunt and
three of the clerks of the late company being passengers. The remainder of the employes
either engaged in the service of the North West Company, or returned overland with
Messrs. Mackenzie, Clarke and David Stuart, who started April 4th. The arrival of
the ship Lsaac Todd on the 17th of April, with a full cargo of trading goods and supplies,
enabled the North West Company, now exclusive masters of the field, vigorously to
prosecute the fur trade, and establish themselves in the territory.
Thus disgracefully failed a magnificent enterprise, which merited success for sagacity
displayed in its conception, its details, its objects ; for the liberality and munificence of its
projector in furnishing means adequate for its thorough execution ; for the results it had
aimed to produce. It was inaugurated purely for commercial purposes. Had it not been
transferred to its enemies, it would have pioneered the colonization of the northwest coast
by citizens of the United States ; it would have furnished the natural and peaceful solution
of the question of the right of the territory drained by the Columbia and its tributaries.
Perhaps, had Mr. Astor been a native of the United States, instead of one of its most
patriotic, generous and wealthy adopted citizens, he would have appreciated that in
1809-10, when about to develop this grand conception of mercantile genius, that the
antipathy between natives of the British Empire and the United States, the natural result
of the latter having conqxiered its independence, had not then been effaced. Indeed, at
that time it was manifesting itself in a bitter renewal, which so shortly afterward developed
into actual war. As a merchant devoid of such national prejudice because of his different
nationality, he could not, did not, realize that a purely mercantile arrangement might not
8G HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
be successfully conducted by and between citizens and subjects of different countries. He
entirely overlooked that inbred, ineradicable, national prejudice (for it had no place in his
bosom) which displa3'ed itself in the contempt that Vancouver so conspicuously had
manifested for Gray when off the Strait of Fuca, the latter having ventured to assert a
belief that a river emptied into the ocean where was aftenvards discovered the great
Columbia ; which the sagacious, able, but narrow-minded, though ever British, Sir
Alexander Mackenzie had so palpably exhibited in his appeal to the capitalists of Great
Britain to advance the fur trade, to occupy the territory and coasts of Northwest America ;
wherein he contemptuousl}' ridiculed " American adventurers who would instantly
disappear before a well-regulated trade." The big-souled Astor had failed or was quite
unable to realize what might result from a national hatred and jealousy, which could not
be concealed because the great Columbia was discovered b}' a practical American sailor,
when scientific navigators had failed to find its mouth ; which aimed to head off Lewis and
Clark by the effort to reach the mouth of the Columbia river in advance of those gallant
American soldiers and explorers ; which had converted the men to whom he had
bountifully supplied the means to acquire wealth, without possibility of risk or loss, into
informers to his enemies of plans revealed to them in confidence ; which converted rivals
in business into unscrupulous and unrelenting personal and national enemies.
The scheme was grand in its aim, magnificent in its breadth of purpose and area of
operation. Its results were naturally feasible, not over-anticipated. They were but the
logical and necessary sequence of the pursuit of the plan. Mr. Astor made no
miscalculation, no omission ; neither did he permit a sanguine hope to lead him into any
wild or imaginar}' venture. He was practical, generous, broad. He executed what Sir
Alexander Mackenzie urged should be adopted as the policy of British capital and
enterprise. That one Americati citizen should have individually undertaken what two
mammoth British companies had not the courage to try was but an additional cause which
had intensified national prejudice into embittered jealousy on the part of his British rivals,
the North West Company.
The effect of war upon a commercial enterprise mutually engaged in by subjects of
the hostile nations had not been considered by Mr. Astor. He believed that, for favors
conferred, a sense of gratitude might dictate loj-alt}' of service to the patron and friend ;
that common interest in an undertaking would hold together the parties enlisted. He
trusted those whose every prejudice had been fostered and educated to hate the success of
a rival trader ; who coveted for their King and country the territory which Mr. Astor had
selected for his fields. The act of Mackay and MacDougal, which revealed to the British
Minister Mr. Astor's purposes and offers before they had subscribed the articles, proves
them to have been more loyally British than true to the Pacific Fur Companj^ or honest to
Mr. Astor. The breaking up of the post of Shahaptan by Mr. Mackenzie on the first
tidings of war between the two countries exhibits the true animus of Mackenzie to disavow
connection with Mr. Astor the moment his exalted idea of being a British subject demanded
its assertion. The premature resolve of MacDougal and Mackenzie in Januar}-, 1813, to
dissolve the Pacific Fur Company, to abandon their trusts and leave the country, was
dictated by treachery to Mr. Astor, loyalty to his enemies, or to cowardice. Their
continued and persistent purpose to carry out this intention demoralized the other
partners and destroj-ed the business committed to their charge. Thus far perhaps their
conduct finds extenuation in admitting that it was but the natural response to their
national prejudices; nor should Mr. Astor censure for doing what love of country or
allegiance prompted.
RESTORATION OF ASTORIA UNDER TREATY OF GHENT. 87
It might be claimed that their fear was well grounded ; that the territory and the
establishment were to fall into the hands of the British expedition en roiife to capture Astoria;
and that, by those acts, something could be saved to Mr. Astor. But MacDougal's conduct
from this point was in studied and consistent obedience to the interest of the North West
Company. Not satisfied with deserting Mr. Astor's service, he transferred to the rival
company every vestige of the labors of Mr. Astor, banishing from the territory, and from
existence, the Pacific Fur Company. He then was admitted as a full partner of the North
West Company on the da}- that Captain Black of the British navy raised the British flag
over Fort Astoria, and attempted to efface the memory of the origin of the settlement by
giving it the new name of Fort George. This fact he concealed from his late partners,
continuing to represent Mr. Astor, though partner of the North West Company in charge
of Fort George, until Mr. Hunt's arrival, on the 28th of February, 1S14. The Pacific Fur
Company's weakness was in the fact, that it was organized as a commercial operation, nay,
more ; — it incorporated diffuse and hostile national elements. Had it been exclusively
American, the North West Company might have supplanted it by open hostilit}' ; it could
not have destroyed it by demoralization of its agents. Astor had not reall}' aimed to
Americanize the North Pacific, nor the territory in which he operated. The North West
Compan}- pursued the reverse polic}'. It sought to appropriate territory, to strengthen
and expand the British Empire, looking to that nation to build it up, to afford it protection.
It aimed to defeat the United States or any of its citizens in acquiring territorial rights on
the northwest coast. As said by Alexander Mackenzie, it aimed to expel American
adventurers from prosecuting the fur trade west of the Rocky Mountains.
Great Britain never swerved from the polic}^ of encouraging these colonizing acts of
her mammoth companies b}- the prestige of recognition. She espoused every difficulty
which resulted from the acts of her subjects in appropriating territory. The United
States hesitated, until by the blockade of her Atlantic ports she was furnished an excuse
for allowing the project of John Jacob Astor to become abortive. National recognition
would have offset British demoralizing influence ; the mouth of the Columbia might not
have fallen into the hands of the eneni}'. Had the Pacific Fur Company been a genuine
American movement, Astoria might have been captured by the British during the war of
181 2 ; it would not have been insidiousl}^ circumvented and destro3'ed by the perfidy and
ingratitude of trusted agents.
Pursuant to the first article of the treaty of peace between the United States and
Great Britain (the Treaty of Ghent, December 24, 1814), providing " that all territory,
places and possessions whatsoever taken by either party from the other, during or after
the war, should be restored, the United States, in September, 1S17, dispatched to the
mouth of the Columbia river the sloop-of-war 0)iiario, Captain James Biddle, U. S. navy,
with whom was associated J. B. Prevost as commissioner, " to assert the claim of the
United States to the sovereignty of the adjacent country, and especially to reoccup}'
Astoria or Fort George." The British government transmitted orders to the agent of the
North West Company to deliver said fort or post " as one of the places captured during
the war." Captain Biddle entered the river in August, 1818, and on the 19th raised the
flag of the United States over Astoria, restoring to it that name. U. S. Commissioner
J. B. Prevost had been detained in Chile, arriving in the British frigate Blossom, Captain
Hickey, R. N. James Keith, partner of the North West Company, was in charge. The
formal surrender by Captain Hickey, on the part of the Crown, and by Mr. Keith, on
behalf of the North W^est Company, is dated October 6, 18 18. The fort had been
88 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
considerably enlarged. It consisted of a stockade 250 by 150 feet, within which were a
number of dwelling-houses, stores, workshops and other buildings. The defenses were
two eighteen-pounders, four four-pounders, two six coehorns and several swivels, — all
mounted. Twenty-three Whites, twenty-six Kanakas, twenty Canadian half-breeds and a
number of women and children resided and were emplo3'ed within the inclosures.
Though Mr. Astor urged the United States government to repossess Astoria, and
intended to resume operations in the territory, the Pacific Fur Company was never
resuscitated. Neither did Mr. Astor ever reoccupy Astoria or engage in the fur trade
within the territory. The North West Company continued its trade with the Indians
under the provisions of the treaty of October 20, 1818, between Great Britain and the
United States, usually called the Joint-Occupancy Treaty. Its third article provides:
"That any country which may be claimed by either party on the northwest coast of
America, westward of the Stony Mountains, shall, together with its harbors, bays and
creeks, and the navigation of all rivers within the same, be free and open, for the term of
ten years from the date of the signature of the present convention, to the vessels, citizens
and subjects of the two powers; it being well understood that this agreement is not to be
construed to the prejudice of any claim which either of the two high contracting parties
may have to au}' part of the said country ; nor shall it be taken to effect the claims of any
other power or state to any part of said country ; the only object of the high contracting
parties in that respect being to prevent disputes and differences amongst themselves."
HON. ALBERT BRIGGS,
PORT TOWNSEND, W. T.
PIONEER 16*7
Chapter XII.
(1814-1S24.)
The North West Company Exclusive Occupants of the Territory West of the Rocky
Mountains — Antecedent History and Policy of Said Company — Kivalry and
Open Hostility Between the North West and Hudson's Bay Companies —
Adjustment of the Differences by a Partnership in Fiu* Trade Prosecuted Under
Charter of Hudson's Bay Company — License of Exclusive Ti'ade Extending to
the Pacific Ocean Granted by the British Government — The Hiulson's Bay
Company Succeed to All Rights Under Said License — The North West Company
Merged Into the Hudson's Bay Company.
■''T^HE disastrous and disgraceful termination of Astor's enterprise in October, 1S13, left
J. the Northwest Company in exclusive occupancy of the Columbia. Their posts
extended through the basins of the Columbia and New Caledonia. With the exceptions of
the establishments of the Russians upon the extreme northwest, and one or two trading
posts of the American Fur Company in the extreme southeast, the North West Company
enjoyed sole possession, and were without competition in the Indian and fur trade, in the
territory west of the Rocky Mountains. This state of affairs continued without change
for several years. The Joint-Occupancy Treaty of October 20, 1818, between the United
States and Great Britain, conferred upon the company as British subjects full sanction to
prosecute their trade in the territory.
For a period the North West Company wielded a powerful influence in British
America. Its operations reached far and wide into the unexplored, unoccupied interior of
the continent. It respected no right of territor}? ; it sent out its parties wherever profit
remunerated its labors. The inland vo3^ages of discovery of Sir Alexander Mackenzie
were made in its interest. In 1804, advised of the proposed expedition of Lewis and
Clark, it attempted to forestall that great project of Jefferson to acquire knowledge of the
interior and great west, by sending Daniel W. Harmon in charge of a party, with
instructions to reach the mouth of the Columbia in advance of the United States
expedition. Owing to his health, that effort at circumvention proved abortive. Mr.
Laroque, another partner, started the next year (1805) to establish posts and occupy the
terrritory upon the Columbia and its tributaries. The Mandan country was the western
terminus of his expedition.
In 1806, Simon Fraser, another partner, successfully led a party across the Rocky
Mountains, and established a post on Eraser's Lake, fifty-four degrees north. The country
west of the Rocky Mountains north of fifty-two degrees north latitude was thereafter
called New Caledonia by the North West Company ; and in it several of their trading-posts
had soon after been established. In every instance the territory had been taken in the
name of the British Crown, for the North West Company. Identified with the region for
years the company controlled its native population, and absorbed the wealth of the
( 89)
90 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
country. The territory in fact was its domain. Its establishments and possessions
constituting those material acts upon which Great Britain relied to support her territorial
claim, it becomes interesting to learn the antecedents, the origin, the policy, the history
of the North West Company, — how far it molded the history of the region.
Although organized in 17S4, the North West Company did not attain to its imperial
influence and prestige until early in the present century. In 1805 it had become the
successful rival of the Hudson's Bay Compau}^ for the fur trade of the interior and the
northern part of the continent of North America. It not only prosecuted «the trade, but
aggressivel}' denied the vast territorial claims of the Hudson's Ba}^ Compan}' ; it insisted
that that companj-'s grant should be strictly construed and restricted to the Hudson's Bay
Territory as defined in its charter. For upwards of a century before the North West
Company had an existence, the Hudson's Bay Compau}-, to a very great extent, had
enjoj'ed the fur trade of the interior and northern part of North America. The policy and
organization of those two model trading companies were radically dissimilar. The internal
regulation, system of trade and establishments were widely different. The ultimate
purpose was the same ; its accomplishment was by methods that were diametrically
opposite.
The Hudson's Bay Company had been granted by the Crown vast territories, under
which they made settlements, occupied country and pi-osecuted trade. The North West
Company was a joint-stock association, a partnership of enterprising traders who waited
for no royal charter, but pursued their business in the unoccupied wilderness. To them
possession was sufficient. They cared not for territory ; settlement was no part of their
mission. The Hudson's Bay Company relied upon its franchise of exclusive trade to
guarantee it against competition within the territories granted by Charles II. Its
trading-posts were established sufficiently near to each other to render them accessible to
the whole Indian population, thus absorbing the entire Indian trade, — sufificientl}^ near for
assuring co-operation in the event of Indian outbreaks. Thus were the native tribes held
in check ; and the brigades were furnished convenient halting places in the transportation
of supplies and trading goods to the remote posts, and the returns from them of furs and
peltries. At each fort a store well supplied with articles ministered to the v,-ants, or
gratified the desires, of the natives. The Indians had become dependent upon those posts
for the necessaries of life ; zealously the}- collected furs to barter for articles which to
them had become indispensable. That company's entire dependence for furs was upon the
native hunters. The winter months were occupied by Indians in hunting and trapping ;
in the summer the}' visited the posts to sell their winter's work. The system of the
Hudson's Bay Company encouraged the Indians to bring to their posts furs and peltries.
At stationary posts, the company prosecuted the trade. It neither employed nor sent out
hunting parties. The furs were brought to them and exchanged at their own fixed tariff
of prices. As all competitors were excluded from their territor}-, the company enjo3'ed a
perfect monopol}-.
The old North West Company (a French association which had ceased to exist when
the Canadas became British provinces) had become competitors of the Hudson's Baj'
Company, beyond the recognized area of the Hudson's Bay Territor}-. The boundaries of
Prince Rupert's Land or the Hudson's Bay Territory had never been definitely determined.
There had alwa3's been contention in those regions to which the Hudson's Bay Company
asserted claim, but which other fur traders or companies would not recognize. Upon the
retirement of the old French company, the fur trade continued to be prosecuted by
HISTORY AND POLICY OF THE NORTH WEST COMPANY. 91
iudividuals, many of whom were prominent merchants of Montreal. These enterprises
proved powerless against the competition of the Hudson's Bay Company. The North
West Company of Montreal assimilated those individuals into a joint-stock association.
Its theory of trade was the reverse of the stationar}' policy of the Hudson's Bay Company.
From the center of operations, from established posts, the company dispatched at all
seasons of the year parties in all directions to scour the whole country, to the villages and
resorts of the natives. At the homes of the hunters, furs and peltries were bought.
Trading-points or places of rendezvous among the various tribes were established, which
were visited at regular intervals by traders, to which the natives brought their furs for
barter. Combined with this was the regular trade at permanent forts. At each of these
forts a winter-partner superintended the trade of a district, of which the post was the
center. The Hudson's Bay Company required but few employes compared with the
North West Company, which in its best days employed several thousands. The clerks or
traders of the North West Company served as apprentices for a term of seven years, for a
small salary and clothing. That term completed successfully, the salary was doubled ;
meritorious service entitled the trader to be eligible for partner. This incentive was
productive of the best results. Preferment was open to the shrewd and thrifty trader.
He was stimulated to effort ; successful trading found its sure reward.
In the Hudson's Bay Company, the compensation of every grade was fixed.
Promotion was slow, passing through these several grades by length of service. No
stimulus was offered to invoke extraordinary diligence. Faithful service was exacted, but
nothing more than in the routine of allotted duty.
The Hudson's Bay Company had been granted vast regions north of the Canadas,
called Prince Rupert's I^and, or the Hudson's Bay Territory, so vaguely described that the
boundary continued an interminable dispute, — first between the French and the English,
afterwards between the company itself and other fur traders. Beyond the Hudson's Bay
basin, the North West traders considered the interior of the country an open field. Beyond
the conceded jurisdiction, or those districts in which the Hudson's Bay Company had
established trading-posts, the North Westers penetrated the remote northwest, established
their posts, and prosecuted the fur trade. The Hudson's Bay Company claimed all
territory westward from Hudson's Bay, southward to the old line of New France, — all of
British North America except the Canadas. Adverse claims to trading fields necessarily
engendered constant strife between the rival fur traders. The bitterest competition had
arisen in what was known as the North West Country, the territory lying west and north
of Lake Superior.
In iSii, Lord Selkirk, a wealthy Scotch nobleman, joined the Hudson's Bay Company
and acquired a majority of its stock. On the 12th of June of that year, he secured from
that company a grant of the territory upon the Red river of the North, for the purpose of
establishing agricultural colonies from Scotland. His grant extended from fifty-two
degrees, thirtj'-one minutes north latitude to the high land dividing the waters of the Red
river from those flowing into the Missouri and Mississippi, and including a large part of
the present State of Minnesota. It embraced not only a vast area of the Hudson's Bay
Territory, but also a large portion of United States territorj^ The Selkirk grant was
drained by the Red river and its tributaries on the western side, while the basin of the
Winnipeg, from its extreme source, constituted the eastern portion. The area of those
two basins, with the intermediate country, was over one hundred thousand square miles.
The project of establishing agricultural colonies in the Red river country provoked
92 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
bitter hostilities of the North West Company. The introduction of civilization would
prove the precursor of the destruction of the fur trade. But this scheme occasioned
greater opposition because it was an attempt to obstruct the channels of the North West
Company's trade.
The Selkirk country laid directly across the path between Montreal and the interior, —
between Fort William and the northern and northwestern posts. Its occupancy was a
blockade, — an obstruction of the North Western routes to and from Fort William to their
trading-posts. The intended effect was to cut their communication, interposing a hostile
territory between their posts and the center of operations. From these very plains the
North West Company had drawn their supplies of pemmican and provisions for voyages
from Fort William to the north. Colonization was inimical to the presence of fur-producing
animals, — was destructive of the business in which they were engaged. The North West
Company resolved to defeat Lord Selkirk's scheme. They protested to the government
against the validity of the grant to Selkirk, alleging that it had been corruptly secured,
and that he received it as a free grant. They denounced the grant of territory as an
usurpation by the Hudson's Bay Company, who had no territorial rights that could be
conveyed, claiming that such grant could only emanate from the Crown. They denied
that said grant was within the Hudson's Bay Territory, and urged that suit be instituted
to test the validity of the Selkirk deed. But the British government declined to
interfere; it favored the Selkirk project. In 1S12 and 1813, considerable numbers of
Highlanders arrived in the Red river country, forming a colony called Assiniboia. The
Governor (Colonel Miles McDonell) warned off parties of the North West Compan}^ and
prohibited the killing of any animals within the territory. To these proclamations the
North Westers paid no respect. Difficulties between the settlers and the emploj-es of the
company became of constant occurrence. Many settlers abandoned the colony ; some
were taken back to Canada. In 1S14, Governor McDonell issued a proclamation in which
he set forth the boundaries of Assiniboia. He prohibited all other persons under penalty
of seizure and prosecution from carrying out of the defined limits during that year " any
provisions, either of flesh, dried meat, grain or vegetables." This proclamation, aimed to
prevent the North West Company from purchasiug supplies, was successfully ignored by
the North West Company employes. The settlers generally disregarded it. A number
of farmers abandoned the settlement; it became a dead letter. In 18 15, the colon}' was
reinforced from Scotland by Lord Selkirk. Open hostilities followed ; posts and forts were
taken and destroyed. On the 19th of June, 1816, a decisive battle was fought in which
the forces of the North West Company routed the colonists, twent3'-two of whom were
killed, among whom was Mr. Semple, the Governor of Assiniboia. This terminated the
Red river colonization scheme of Thomas, Earl of Selkirk. As a civil magistrate. Lord
Selkirk seized Mr. McGillivray, the principal partner of the North West Company, in
charge at Fort William, and all the property. Numerous arrests were made of the North
Westers who participated in the battle. They were tried in Canada and acquitted. The
British Cabinet ordered the Governor-General of Canada " to require the restitution of all
captured posts, buildings and trading stations, with the propert}' they contained, to the
proper owners, and the removal of any blockade or any interruption to the free passage of
all traders and British subjects, with their merchandise, furs, provisions and effects
throughout the lakes, rivers, roads and every route of communication used for the purpose
of the fur trade in the interior of North America, and the full and free permission for all
persons to pursue their usual and accustomed trade without hindrance or molestation."
R. S.WILSON, M. D.
PORTLAND, OR.
GEO. K. GAY.
PARTNERSHIP BETWEEN THE NORTH WEST AND HUDSON'S BAY COIMPANIES. 93
The competition between the two fur companies continued. The Governor-General
of Canada appointed a commissioner to make investigation, who recommended, as the only
means of restoring peace, the union of the two companies in the prosecution of the fur
trade. Nothing resulted from that investigation ; the competition was more embittered
and ruinous than ever. Both companies were reduced to the verge of insolvency. At this
juncture, in the winter of 1819-20, Lord Bathurst, British Secretary of State for the
colonies, interposed to promote a union of the two companies. His mediation was finally
successful. On the 20th of March, 182 1, an agreement was entered into by which both
companies were to carrj' on the fur trade under the charter of the Hudson's Bay Company.
The leading features of that settlement were that both companies should share equally
the profits of the trade for the term of twenty-one years, commencing with the outfit of
182 1. Each company was to furnish an equal amoiint of the capital. The expenses were
to be paid by and out of the trade. No expense relating to colonization, nor to au}^
business separate from the fur trade, could be a charge upon the partnership. Profits
were divided into one hundred shares, fort}' of which were divided among the chief factors
and chief traders. If a loss occurred one j'ear ou the forty shares allotted to the factors
and traders, it was to be made up by the profits of the next year. An inventory and
general accoiint were to be made out annuall}- on the ist of June; and, if profits were not
paid to the shareholders in fourteen da3'S, an interest of five per cent was allowed.
The governor and company were to appoint governors to preside at councils of chief
factors, who carried into effect all acts authorized by the charter. In the absence of chief
factors, senior chief traders were called upon to fill the council. Two-thirds constituted a
majority for decision. It was necessary to have three chief factors, besides the president,
to form a council.
The forty shares to be divided among the chief factors and chief traders were
subdivided into eighty-five shares. To each chief factor was allotted two of these
subdivided shares ; to each chief trader, one ; the remaining seven were reserved for seven
years to be divided among old servants in certain proportions.
Auxiliary to and as a guarantee of the accomplishment of the arrangement, a bill was
introduced into the British Parliament entitled, " An act for regulating the fur trade and
establishing a criminal and civil jurisdiction in certain parts of North America." This
act passed July 2d, and enabled the Crown to issue a license of exclusive trade to this
partnership, " as well over the country to the east as bej-ond the Rock}' ^Mountains, and
extending to the Pacific Ocean, saving the rights of the Hudson's Bay Compan3'over this
territory." That is to say, in the territory granted to the Hudson's Bay Company by
their charter, this license did not operate. The company in the Hudson's Bay Territory
already enjoyed exclusive privileges ; and this license recognized that territory as a
province, excepting it as a British province from the operation of this license.
On the 5th of December, the British government, by virtue of the provisions of the
Statute of July 2d, granted to the Hudson's Ba}' Company and to William McGillivray,
Simon McGillivray and Edward Ellice, representing the shareholders of the North West
Company, a license of exclusive trade for twenty-one years, as against all other British
subjects, " in all such parts of North America to the northward and westward of the lands
and territories belonging to the United States or to an}' European government, state or
power, reserving no rent." The grantees executed a penal bond in the sum of ^5,000,
conditioned to duly execute civil process in suits where the matter in controversy exceeded
in value _;^200, all criminal process, and to deliver for trial in Canada all persons charged
94 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
with the commission of crime. In brief, the law required, and they covenanted, that British
law and judicature should be enforced in the countries the}' occupied. By this operation,
criminal jurisdiction, and civil jurisdiction in matters over _^ 200, of the courts of Upper
Canada, were extended to the Pacific Ocean, in all places outside of organized British
provinces, and not included in "any legally defined civil government of the United States."
In civil actions involving less than ^200, the matter was cognizable by a Justice of the
Peace, appointed by the Crown. Every British subject in the territory west of the Rocky
Mountains was guaranteed the protection of British law. There was no exemption for a
citizen of the United States from being sent to Upper Canada to be tried for an offense
in such unorganized American territor}' as this company might enter and conduct its
trade. Despite the obligations of the treaty of 1818, which had expressly provided that
neither nation would assert rights of sovereignty against the other, but that all subjects
and citizens of both nations should be permitted to occupy, yet, in 18 11, the Oregon
territory was, by an act of the British Parliament and a license issued under it, declared to
be west and north of the United States, and as such was conferred upon this partnership
of the two great British fur companies. They were granted the exclusive trade upon the
consideration that they would convert the territory into a British governed province. This
fur-trading partnership was assigned a political mission, — to occupy the "territory
westward of the Stony Mountains," and therein enforce British law.
In 1824, the Hudson's Bay company acquired to themselves all the rights and
interests of the shareholders of the late North West Company, and became the sole
grantees under the license of exclusive trade of December 5, 1S21. The North West
Company had been absorbed by its rival and enemy. It did not long survive the treacherous
demoralization and supplanting of the Pacific Fur Company. The northwest coast of
America, between California and the Russian settlements, had become to be known quite
generally as Oregon. In 1824, the Hudson's Bay Company, by its license for a term of
years, enjoyed exclusively the Indian trade of that region ; practically, it was the sole
occupant of the territory.
Chapter XIII.
(1824-1846.)
The Hudson's Bay Company the Exchisive Occupants of Oregon — Charter of the
Company — License of Trade — Internal Organization — Employees and Their
Distribution.
THE Hudson's Bay Company having acquired sole ownership of the license of trade
issued December 5, 1821, succeeded to the Indian trade west of the Rocky Mountains.
The numerous forts and trading stations scattered throughout the territory enabled the
company to exercise absolute dominion. Its power was recognized from forty-two degrees
north latitude to the south line of the Russian possessions. This state of affairs continued
for almost a quarter of a century, during which Oregon was an Indian trading district of
the Hudson's Bay Company, — its history merely a chronicle of the Indian and fur trade.
The Hudson's Bay Company was present in Oregon by virtue of its license for a term
of years to prosecute the Indian trade in those parts of North America not included in
their chartered territory. Their charter not only conferred corporate existence ; — it was
an immense grant of territory by the King of Great Britain. But that grant did not
extend to territory west of the Rocky Mountains. Under the Joint-Occupancy Treaty of
18 18, as British subjects, this corporation extended its operations into Oregon. By the
license of trade, all other British subjects had been excluded. In 1S24, by operation of
the act of Parliament of July 2, 1S21, and the assigned exclusive license of trade on
December 5, 1821, the Hudson's Bay Company was the only British subject permitted to
trade with the Indians west of the Rocky Mountains.
The charter of May 2, 1670, by Charles II., constituted Prince Rupert and his associates
and successors a body corporate, under the name of " The Governor and Company of
Adventurers of England, trading into Hudson's Bay." In 1690, the charter was ratified
by the British Parliament. It granted the sole trade and commerce of all seas, straits,
bays, rivers, lakes, creeks and sounds, within the entrance of Hudson's Straits, together
with all lands and territories upon its coasts not now actually possessed by any Engli.sh
subject, or by subjects of any Christian prince or state, with the fishing of all sorts of
fish, the royalty of the sea, all mines royal ; and that the said lands be henceforth known
as one of our colonies in America, called " Rupert's Land."
The company was constituted " The true and absolute lords and proprietors of the
territories, limits and places, saving always the faith, allegiance and sovereign dominion
due to us (the Crown), our heirs and successors, for the same, to hold as tenants in free
and common soccage, and not by knight's service, reserving, as a yearly rent, two elks
and two black beavers."
All visits by other persons were strictly prohibited under penaltj^ of forfeiture of
their goods and merchandise, with the ships in which they were laden, one-half of which
forfeiture vested in the Crown, the other half in the company. The offender was also
( 95 )
96 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
liable to severe punishment, and compelled to give bonds of one thousand pounds not to
trade or again enter into the company's territory. The King covenanted that no grant nor
license should ever be issued to any other persons ; but the company might grant licenses
of trade within their territories to whom and as they deemed proper.
The value of a share of stock was one hundred pounds. For every share at each
meeting (which was called a general court), the holder was entitled to one vote. A holder
of less than a share could, by adding to other part shares, make up the par value of a
share or hundred pounds, and thus the aggregated fractions be entitled to a vote. At
such general courts, by-laws, orders and regulations could be enacted.
The executive management was intrusted to a governor, deputy-governor and
executive committee of seven, who were elected at the annual meetings. Such officers
subscribed an oath and were subject to removal by the general courts for misbehavior or
malfeasance. Absolute authority was conferred " over all the lands, territories, islands,
plantations, forts, fortifications, factories or colonies where their trade and factories were
established, reserving only sovereignty in the Crown. The company had full power to
appoint and establish governors and all other necessar}' officers, who were clothed with
jurisdiction to try persons employed in the company's service, according to the laws of
Great Britain. If the offense occurred at a post where there was no governor nor council
competent to try the accused for the offense charged, it then became the duty of the chief
factor to arrest the offender, and send him to an accessible fort where there were a governor
and council, or to England for trial.
Power was granted " to send ships of war, men or ammunition to any fort, post or
place for the defense thereof; to raise military companies, and appoint their officers ; to
make war or conclude peace with any prince or people (not Christian), in anj^ of their
territories." The company was empowered " to seize the goods, estate or people of those
countries for damage to the compan3^'s interest, or for the interruption of trade ; to erect
and build forts, garrisons, towns, villages ; to establish colonies, and to supply such
establishments by expeditious fitted out in Great Britain ; to seize all British subjects not
connected with the compau}', or employed by them, or in such territorj^ by their license,
and send them to England."
Over their factors, agents and employes, the power of the company was absolute.
" Should one of them contemn or disobey an order, he was liable to be punished b}^ the
president or council, who were authorized to prescribe the manner and measure of
punishment. The offender had the right to appeal to the company in England, or he
might be turned over for trial by the courts. For the better discovery of abuses and
injuries by their servants, the governor and compan\^, and their respective president, chiet
agent or governor in any of the territories, were authorized to examine upon oath all
factors, masters, pursers, supercargoes, commanders of castles, forts, fortifications,
plantations or colonies, or other persons, touching or concerning any matter or thing
sought to be investigated."
As though this charter were not sufficiently liberal and extensive in its almost
unlimited powers, it concludes with the royal mandate to all " admirals, vice-admirals,
justices, mayors, sheriffs, constables, bailiffs, and all and singular other our officers,
ministers, liegemen, subjects whatsoever, to aid, favor, help and assist the said governor
and company to enjoy, as well on land as on the seas, all the premises in said charter
contained, whensoever required."
I
THOMAS J.ShlADDEN
M? MINNVI LLE, OR.
DISTRIBUTION OF EMPLOYES OF THE HUDSON'S BAY COMPANY. 97
It were difficult to conceive or invent a more ample grant of powers than contained in
this charter. Endowed with an empire over which the companj' exercised absolute
dominion, subject only to fealty to the Crown, its membership powerful nobles and citizens
of wealth residing near and at the court jealously guarding its every interest, and securing
for it a representation in the government itself, is it to be wondered that this " iniperium
in imperio " triumphantly asserted and firmly established British supremacy in every
region in which it operated ?
On the 6th of June, 1834, the company executed a Deed Poll, " for the purpose of
ascertaining the rights and prescribing the duties of the chief factors and chief traders,
and for conducting the trade." Its varied purposes rendered necessary a large number of
emploj^es. These were classified as chief factors, chief traders, clerks and servants.
The chief factors superintended the affairs of the company at the trading-posts. The
chief traders, under the directions of the chief factors, managed the trade with the natives.
The clerks served under both. Extra allowances of necessaries, free of charge, were made
to chief factors wintering at inlai*d posts. Personal and private trade with the Indians for
individual benefit was not tolerated. The failure to annually make strict account was
severely punished by the council, who possessed the power to reprimand, impose penalties
or suspend a servant.
Three chief factors and two chief traders were annually allowed to leave the country
for one year. Wintering three years in the country entitled a factor or trader to retire
with full share of profits for one year, and half profits for four years. Wintering five
years entitled the retiring factor or trader to half-pay for six 3'ears. Three chief factors,
or two chief factors and two chief traders, were permitted annually to retire according to
rotation. The legal representatives of a deceased chief factor, who had wintered in the
country', were entitled to all the benefits deceased would have received had he lived. A
proportionate allowance was made for a shorter duration of service. After the payment of
all expenses, sixt}- per cent of all the profits went to the proprietors or shareholders, and
forty per cent to the chief factors and chief traders in lieu of salaries. The next grade
below traders were clerks, whose salaries varied from ^20 to ^100 per annum.
The perfect absolutism of the company's system is found in the enlistment of the
servants. The pay was £\'] per annum, out of which the servant clothed himself.
The terms of service, or more properly to speak, enlistment, was (i) five years from the
date of embarkation. He bound himself by indentures to devote the whole of his labors
and time to the sole benefit of the company ; to obey all orders of the officers and agents ;
to defend the company's property ; not to absent himself from service ; not to engage nor
be concerned in any trade or employment, except for the company's benefit, and under
their orders. He was faithfully to obey all laws, orders and regulations and at all
times to maintain and defend the officers and agents to the utmost of his power. He
further engaged, if required, to enroll as a soldier in offensive or defensive service ; to
attend drills and military exercises. In consideration of his wife and children being
furnished by the company with provisions, he obligated that they should render such
services as hay-making, sheep-shearing, weeding or other light work upon the company's
farms. If a servant desired to return to Europe at the end of his enlistment, he gave a
year's notice of his intention before expiration, and entered into obligation to work a
year longer, or until the next ship should leave for England. If called upon to enroll as
(I) There was also a class of servants articled in Canada or the Hudson's Bay Territory for the term of three years. They entered service
at the time of leaving the Hudson's Bay Territory, and were employed as packers, etc.. en route to their respective station west of the Rocky
Mountains. They vi^ere entitled to be returned to the place of enlistment, and made the return trip in similar capacitj' within the term of
enlistment. From such, the company at their Oregon posts secured about two and one-half years of service.
98 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
a soldier, he was entitled to be furnished by the company with a uniform suit every two
years, and be supplied, free of cost, with arms and ammunition. Should he desire to
remain in the country after the expiration of his term, as a settler, he was allowed
fifty acres of land, for which he rendered annually, for seven years, twentj^-eight
days' service. The company retained the right to dismiss the servant during his
term or at its conclusion; in which event he was carried back in one of their ships
free of expense. Desertion or neglect of duty was followed by forfeiture and loss of
wages, without redress. With such pittance is it to be wondered that at the end of
his term the servant was in debt for advances ? As a consequence, he was obliged to
continue service to discharge the obligation. Marriage with Indian women was encouraged.
Attachments were formed ; and, at the end of the enlistment, the servant, surrounded by
a family to whom he owed support, could not abandon them. Thus precluded from
gratifying the desire of returning to his native land, he was left the election between
re-enlistment or acceptance of the grant of land, continuing dependent upon the company
for the necessaries of life.
The ingenuity and ability with which every interest of and advantage to the company
were guarded command admiration. In times of peace, laborers and operatives were ever
on hand at mere nominal wages ; in times of outbreak, they were at once transformed into
soldiers, amenable to military usage and discipline. The feudal law did not more absolutely
bind the vassal to his baron. In a new countr}', where labor was impossible to be secured
or necessarily high, the company had the benefit of servants upon terms and wages which
successfully defeated competition. Should a servant leave its sen-ice and settle upon
company lands, for years afterwards the compan}' continued its control. His payment
was made in goods which he must accept at the company's tariff of rates. Thus this
self-supporting and self-sustaining institution retained its vast numbers of employes,
receiving back for the necessaries of life all the earnings. None did nor could contribute
to the country, or its advancement. Social progress does not advance from such agency.
The success of such an institution must of necessity impoverish the region, and retard
and demoralize the community within its influence.
Discouraging to industrial advancement b}^ its cheap labor; its inordinate profits
realized from the muscles and sinews of men ; embarrassing the early American settlers
in their trading pursuits; the company so managing its business, that no benefit whatever
could accrue to the bona-fide settlement of Oregon by the presence of its numerous employes
(for their earnings in the country were at once returned to the coffers of the foreign
company, to be sent out of the country for distribution among non-resident shareholders) ;
crushing out every trade or merchant who attempted to establish business ; and to all
these the encouragement of marriages with Indian women, to alienate the attachment of
their employes for native land and early kindred, and fasten them in the country. Such
were the consequences of the presence of such an influence. By those marriages the
employes had no choice but to remain in the country and continue subject to the
disposition of the company. Social ties with which an emploj^e was content during a
stay in a wild, unoccupied region could not be sundered without a breach of honor and of
duty ; — attachments which carried with them the loss of self-respect, often so strong as to
reconcile the party to perpetual exile from native country and kindred.
Every agency which contributed to render a servant dependent on the company, which
fastened him to the service, was fostered and approved. In its ever}- detail, nothing was
lost sight of which would promote the company's success, perpetuate its control,
subordinate its employes to its domination.
Chapter XIV
The Hudson's Bay Company Secures a New License of Trade, May 31, 1838 —
Its System of Trade.
ON THE 31st of May, 1S38, the Hudson's Bay Company surrendered the license of
trade of 1S21, and received a renewed license for twenty-one years. The renewed
license granted "the exclusive privilege of trading with the Indians in all such parts of North
America, to the northward and westward of the islands and territories belonging to the
United States of America, as shall not form part of any of our (British) provinces in
North America, or of any lands or territories belonging to the said United States of
America, or to any European government, state or power. Without rent for the first four
years, and afterwards the 3'earl3' rent of five shillings, payable on the first of June." The
company were to keep an accurate register of their employes, a duplicate of which was to
be filed in the office of the Secretary of State. Bond was to be given in the sum
of ^5,000, for insuring, " by their authority over the servants and persons in their
employ, the due execution of all civil and criminal process by the officers and persons
legally empowered to execute such process within all territories included in the grant, and
for the producing or delivering into custody, for the purpose of trial, all persons in their
employ or acting under their authority within the said territories, who shall be charged
with any criminal offences." Regulations for carrying on the fur trade with the Indians,
and the conduct of employes, were to be submitted to the government for approval, bj^
which was to be secured " the diminishing and preventing the sale or distribution of
spirituous liquors to the Indians, and the promotion of their moral and religious
improvement."
The license strictly prohibited the company " from claiming or exercising any trade
with the Indians on the northwest coast of America westward of the Rocky Mountains to
the prejudice or exclusion of any of the subjects of anj^ foreign state, who, under or by
force of any convention for the time being between Great Britain and such foreign states,
may be entitled to and shall be engaged in such trade."
Under this license, which extends over the whole territorj' west of the Rocky
Mountains, between forty-two degrees north latitude and the Russian line, the trade
required the emplo^'ment of a thousand men. The company possessed twenty-two
permanent establishments, twelve of which were south of the forty-ninth parallel. It
annually dispatched and maintained two trapping and trading expeditions, emploj^ed a
steamer (i) (the Beaver) and five sailing vessels, from one hundred to three hundred tons
register, all well armed and equipped, devoted to coasting and trade upon the Pacific. A
large ship heavily laden with goods annually arrived to supply the posts. Fort Vancouver,
the depot of the company, was the destination of those annual voyages.
(i) The steamer Beaver arrived at Fort Vancouver from Blackwall, England, iu the spring of 1838, She was the pioneer vessel propelled by
steam upon the Pacific Ocean. She was a side-wheel steamer of 120 tons' register, substantially built of oak at Blackwall. Strength, durability
and hard service were attained rather than beauty or speed. Her engines were low pressure, built by Bolton and Watts, her paddle wheels small
and set far forward. She carried a crew of thirtv men, an armament of four six-pounders, and was extensively supplied w-ilh small arras. The
decks were protected by border netting, to prevent access bv the natives other than by the gangways. More than thirty Indians were never
allowed on deck at one time unless they were accompanied by their wives and children, .\fter departing from Fort Vancouver that fall, .she never
again entered the Columbia river, but coasted in norlliem seas, to collect furs, and to supply the northern posts.
( 99 )
100 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The goods were divided into three classes, and a tariff of rates established. The first
class, consisting of knives and tobacco, were for presents and gratuities to the Indians.
The second class, or trading goods, included blankets, guns, cloth, powder and ball, etc.,
etc. The third class, termed Indian goods, consisted of shirts, handkerchiefs, paints,
beads and small articles, with which debts for insignificant services and Indian labor were
compensated, and for game, fish and berries purchased of Indians.
The company made advances to the trappers employed. To insure their return,
parties of twent}- or thirt}' were formed, and their families were allowed to accompany.
These parties were placed in charge of an officer of the company. The trapping parties
left for Vancouver in the fall and returned in the following June.
The inland posts were annually supplied from Fort Vancouver. In the month of
June, the brigade, as it was termed, left Fort Vancouver by way of Fort Okanagon,
Colvile and Thompson's river for Fort James, on the south end of Stuart's Lake in
latitude fifty-four degrees north. After the summer trappers had been fitted out, the
brigades left Fort James in the spring months, with the year's collection of furs, on its
return to Fort Vancouver. The route of the brigade was up the Columbia river in boats
to Okanagon. These boats were especialh' made for and adapted to the service. Thej^
were clinker-built, sharp at both ends, about thirt}' feet long and five and a half feet beam,
made so light that the crews could carr\- them over the portages. Each boat was capable
of carrying three tons. Sixty packages of ninet}' pounds each, besides the crew, constituted
the customar}' load.
Goods for the interior, regardless of bulk, were put up in ninety-pound packs. Ease
of trans-shipment across the portages, and convenience of packing on horses from
Okanagon to Thompson's river, were thus afforded. The overland route between the two
latter posts occupied about twenty days. The crew of each boat consisted of eight oarsmen
or voyageurs, and one helmsman. The chief the party, generally a chief factor or chief
trader, allowed but forty packs in his boat.
The method of accounts was extremel}^ simple. Fort Vancouver was called the
depot. Each j-ear's supply of goods for trading purposes was called the outfit. The outfit
year began June ist,and ended on the 31st of May. At the beginning of each outfit year,
each post or district was charged as follows : ist. With goods remaining on hand on the
31st of May; 2d. With additional goods forwarded for the trade of the year; 3d. With
an uniform addition of thirty-three and a third per cent over the prime cost in London ;
4th. With the amount of wages of servants and clerks emplo3'ed at such post during
the year. At the close of each outfit year, each post or district was credited as follows :
I St. With the goods remaining on hand ; 2d. With the value of furs and peltries traded
during the year, which are called returns, and which were each year estimated enough
below selling prices in London to pa}- for their shipment thither. Each post, at the close
of the outfit year, was also credited with goods furnished to any other post, or charged
with those received. These statements compared would show the profit or loss for the
year. The details of goods issued from the depot were kept in transfer books " A ; "
and the details of goods transmitted from post to post were kept in transfer books " B." No
account of expenses of erecting or repairing forts or buildings was kept, as the labor was
performed b}- the company's regular enlisted servants, or by Indians who were hired at cheap
rates for goods or trinkets. The erection of posts was considered as an incident in the
purchase of furs.
£.
?<l ;^
-4\
' k
W^^-'
DAVID J.SGHNEBLY, ESQ ,
ELLENSBURGH , W. T.
SYSTEM OF TRADE OF THE HUDSON'S BAY COMPANY. lOl
At the depot, an account headed " General Charges " exhibited a detail of all presents
and donations, the value of articles and provisions supplied to or consumed by visitors,
and all expenses which could not be charged in any particular post or district. The sum
of those items was annually carried to profit and loss.
Accuracy and method are apparent everywhere in the system of operations. The
code of rules embraced the highest authority, as well as the humblest employe. All were
amenable, and every one was bound to obe}' the most minute details, and subject to the
strictest accountability. Each man had his dut}' defined, and was liable to the most rigid
scrutiny. A fixed price was established upon every article of purchase and sale, and to it
all must and did adhere.
The company's Indian policy alike commands favorable consideration. How
profitable the lesson, how worthy of adoption, that system upon which was predicated the
successful career of the company, in acquiring absolute control and unbounded influence
over the aborigines of the territories in which it operated. This policy had a two-fold
object : first, to hold in moral subjection the native tribes, as a matter of self-defense and
economical management ; and, second, to convert them into dependents and allies. Thus
did the company draw to itself and retain all the Indian trade, as a matter of preference.
At the same time it converted the native tribes into auxiliaries, ready to serve the company
should such service be required.
The sale or gift of ardent spirits to the Indians was positively prohibited. Their
successful maintenance of this policy cannot be too highly approved. It would be
useless to dwell on the bad effects of such traffic with the Indians ; — how much difficulty
has resulted from its introduction into Indian territory. The company did not permit
such trade ; their successful control of the native population for so long a period affords
the best evidence of the wisdom of such policy. With comparatively few to defend their
posts, oftentimes established in the midst of large bands of Indians, completely isolated and
unprotected, yet those posts and the employes continued safe. Under Hudson's Bay rule
there were no Indian outbreaks nor wars, and but little bloodshed. The establishment of
schools, the effort to educate Indian children, the employment of Indians, the treatment of
half-breeds, all embraced within their Indian polic}^, contributed to assure the confidence
and gain the friendship of the native population.
Their purposes did not require the banishment or seclusion of the Indian. It was
policy to use and employ him ; to incite his zeal to bring to their posts furs, fish and
game. The company required little or no land for settlement ; and as a consequence the
Indian had no occasion to fear that he should be expelled from his hunting or fishing
grounds, or that the graveyards of his people would be appropriated. By conciliating the
Indian, the company promoted success in its pursuit of trade, secured peaceable passage
through the countrj' for their parties, and stimulated the procurement by natives of furs
and peltries.
They located their posts among the tribes, employed Indians at such posts, and sent
others on necessary expeditions. Thus they scattered the native population, and
prevented the combination of tribes without such motive appearing. This system defeated
concentration of numbers, and rendered impossible concerted movements by Indians,
without the company's officers being at once apprised. The Indians had early abandoned
their weapons after the advent of the traders. They had become dependent upon the
posts for arms and ammunition. Having learned the comfort of blankets, their use
became indispensable. Other articles introduced by the Whites had become quite as
102 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
essential, such as fishing hooks, wearing apparel and cooking utensils. On the posts the
Indians placed their entire reliance for those articles and supplies, the substitution of
which for their primitive mode of livelihood had become a necessity of Indian life. In
fact, the trading goods of the company had absolutely become their sole dependence.
If an Indian displa3-ed violent or threatening conduct, he was promptl}' and severely
punished. If any depredation was committed, the tribe or party were instantly pursued
by an armed force, and the wrong-doers demanded. No half-way measures were used.
Uniformly kind and conciliatory to the well-disposed, punishing with promptness and
firmness the wrong-doer, the natives were taught that it was their true interest to live on
terms of friendship with the compau3^ The influence which the company accjuired over
the Indian population was eradicated with difficulty. Indian suspicion of Americans
resulted from their educated friendship to the Hudson's Bay Company, continuing for
many years after the actual withdrawal of the company from the territor}'.
Missionaries, United States officials in the military, naval or civil service, persons of
influence and wealth, were treated with marked kindness and courtesy. The hospitality '
of the officers in charge of their posts to the early American immigrants entitle the
company to the lasting gratitude of the early settlers.
But the American who made an effort to trade with the Indians, to trap, hunt, or do
anything in which the company engaged, found in the company a rival and competitor.
In such opposition, the result was generally that the American trader was compelled to
retire from the field. Whenever an American established a trading-house, post or kindred
enterprise, immediately the company formed a counter-establishment in the vicinity.
American vessels were obstructed, nay, defeated, in obtaining cargoes upon the coast.
Hudson's Bay Company vessels were not allowed to import, from the Sandwich Islands,
goods and supplies ordered or purchased by American merchants. Without mere}' for a
rival trader, yet the unfortunate who suffered by land or sea was freely offered shelter
and food in the various establishments of the company.
Chapter XV.
(1838-1846.)
Political Mission of Hudson's Bay Company in Oregon, to Strengthen British Claim
— Their Establishments — Gradual Abandonment of Posts, and Contraction of
Operations — The Puget Sound Agricultural Company — Its Objects and Plan
of Operations.
BY ITS admirable system of trade and Indian policy, the Hudson's Bay Company
absorbed the wealth of the region, and acquired dominion over the country and its
population. It constituted the great agency whereby Great Britain aimed to perpetuate
its power in Northwest America, and to obtain supremacy in Pacific commerce. One of
the conditions upon which the license of trade had been granted was that English laws,
and the jurisdiction of the English courts, should be extended over all parts of North
America not yet organized into civil or provincial governments. By the treaty of 1818,
between the United States and Great Britain, it had been provided that neither government
would do any act to acquire or mature claim, or that an}' act by either, or the citizens or
subjects of either, could prejudice the claim of the other; but that the citizens of both
nations should, for the term of ten years, freely enter and trade in the territory without
molestation. The presence of the company with such a duty imposed by the British
government to extend fourteen years beyond the time when such Joint-Occupancy Treaty
should expire by its express terms, exhibits too palpably the anunns of the British
government to acquire Oregon ; and that Great Britain relied upon her grantees to
contribute to the defeat of the claim of the United States ; to exalt and perfect British
right to the territory, by acts of occupancy and settlement.
In 1837, ^s the time of expiration of the license was approaching, the Hudson's Bay
Company petitioned for its renewal, with increased privileges. The first license had
merely conferred the right of exclusive trade. The company now asked for a grant of
the land for settlement. It was urged that the efficient services of the company in
excluding American traders from the territory entitled them to favorable consideration.
The violation of the spirit as well as the letter of the Joint-Occupancy conventions of
1818 and 1827 was boastfully cited as worth}' of reward. Sir J. H. Pelly, chief officer of
the company's affairs in England, thus presents the petition :
" When your lordships come to consider the very hazardous nature of the trade,
requiring a degree of enterprise almost unknown to any other business, together with the
heavy losses to which the parties interested therein were subjected for a long series of
years, from the want of protection and support which they had a right to expect from her
Majesty's government, I feel sure that your lordships will join me in opinion that the
profits now arising from the business are no more than a fair return for the capital
employed, and the services of tlie Hudson's Bay Company rendered the mother country
in securing to it a branch of commerce which they are at present wresting out of the
( 103 )
104 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
hands of the foreigners, subjects of Russia and of the United States of America, but which
the company would have been unable to prosecute had the}^ not been protected by
the license of exclusive trade the}' now hold.
" The company now occup}' the country between the Rocky Mountains and the
Pacific, by six permanent establishments on the coast, sixteen in the interior country,
besides several migrator}^ and hunting parties; and they on the coast maintain a marine of
six armed vessels, one of them a steam vessel. Their principal establishment and depot
for the trade of the coast and interior is situated ninety miles from the Pacific on the
northern banks of the Columbia river, and called Vancouver, in honor of that celebrated
navigator. In the neighborhood they have large pasture and grain farms, affording most
abundantly every species of agricultural produce, aud maintaining large herds of stock of
every description; these have been gradually established; and it is the intention of the
company still further, uot only to augment and increase them, to establish an export trade
in wool, tallow, hides and other agricultural produce, but to encourage the settlement of
their retired servants and other emigrants under their protection. The soil, climate and
other circumstances of the country are as much adapted to agricultural pursuits as any
other spot in America ; and with care and protection the British dominion may not only
be preserved in this country, which it has been so much the wish of Russia and America
to occupy to the exclusion of British subjects, but British interest and British influence
may be maintained as paramount iu this interesting part of the coast of the Pacific. "
* * :i: :i: ^J * -i*
" Your lordships will perceive that much has already been done by the Hudson's Bay
Company, resulting from the privileges they enjoy; but that much more, involving great
outlay of money and heavy responsibility, will soon be required to be done, in order to
complete the operations they have in hand, and to give effect to the measures they have
in contemplation, which may hereafter become important to Great Britain in a national
point of view; and that, without the extension of the term of license the company now
hold, they could not feel justified, with a due regard to the interests of the numerous
parties connected with the business, in following up several of the extensive and expensive
arrangements before mentioned, which are now in progress."
Sir George Simpson, governor of the companj^'s affairs in America, adds his testimony:
" Previous to 1S21, the business of the Columbia department was very limited; but it
has since been greatly extended at much expense, and, I am sorry to state, at a
considerable sacrifice of life among the company's ofiicers and servants, owing to the fierce,
treacherous and blood-thirsty character of the population and the dangers of the
navigation. It now comprehends twenty-two trading establishments, besides several
migrator}^, hunting and trading expeditions, and six armed vessels on the northwest coast.
The fur trade is the principal branch of business at present in the country situated
between the Rocky Mountains and the Pacific Ocean.
" On the banks of the Columbia river, however, where the soil and climate are
favorable to cultivation, we are directing our attention to agriculture on a large scale; and
there is every prospect that we shall soon be able to establish important branches of export
trade from thence in the articles of wool; tallow, hides, tobacco, and grain of various kinds.
" The country situated between the northern bank of the Columbia river, which
empties into the Pacific, in latitude forty-six degrees, twent}- minutes, aud the southern
bank of Fraser river, which empties itself into the Gulf of Georgia, in latitude forty-nine
degrees, is remarkable for the salubrity of its climate and excellence of its soil, and
HON. S.ELLSWORTH,
LA GRANDE, OR.
A.W.PATTERSON,
EUGENE, OR.
POLITICAL MISSION OF HUDSON'S BAY COMPANY IN OREGON. 105
possesses, within the Strait of Juan de Fuca, some of the iinest harbors in the world, being
protected from the weight of the Pacific by Vancouver's and other islands. To the
southward of the Strait of Juan de Fuca, situated in latitude forty-eight degrees, thirty-seven
seconds, there is no good harbor nearer than the Bay of San Francisco, in latitude
thirty-seven degrees, forty-eight seconds, as the broad, shifting bar off the mouth of the
Columbia, and the tortuous channel through it, renders the entrance of the river very
dangerous to navigation even to vessels of ver}^ small draught of water.
" The possession of that country to Great Britain may become an object of very great
importance; and we are strengthening that claim to it (independent of the claims of prior
discover}' and occupation for the purpose of Indian trade) by forming the nucleus of a
colony through the establishment of farms, and the settlement of some of our retired
officers and servants as agriculturists."
In the protracted controversy between the United States and Great Britain, the vast
importance of the company's interests which had grown up in Oregon by their presence
for a quarter of a century, fostered and encouraged by the British government, as the
element whereby British claim was to be ripened into British title, occasioned the great
delay, in fact, was the material cause of difficultly. The British government struggled to
secure to the company indemnity from any loss which it would be compelled to sustain
by withdrawal from Oregon, and at the same time transfer to the United States the liability
to compensate the company for its able services in attempting to defeat the United States'
territorial claim to Oregon. The British government's championship of the company's
services well-nigh embroiled the two nations in war. For the sake of peace, the United
States accepted the terms of the Treaty of Limits of June 15, 1846; — the United States
surrendered claim to territory spanned by five degrees and forty minutes of latitude,
between the Rocky Mountains and Pacific Ocean ; yielded all claim to Vancouver Island ;
shared with Great Britain the navigation of the Strait of Juan de Fuca; consented to
respecting such possessory rights as the Hudson's Bay Company might assert ; bound
the nation to purchase the farms and lands of the Puget Sound Agricultural Company, or
confirm them to that so-called company ; and granted to the Hudson's Bay Company the
right of free navigation of the Columbia river, from the forty-ninth parallel to the Pacific
Ocean. True, the treaty was made to settle differences between two nations; as such it but
partially fixed the northern boundary of the United States claim to Oregon. Beyond that
it was a mere transfer by the British government to the United States of the duty to protect
the interests of the Hudson's Bay and Puget Sound Agricultural Companies in what was
left of Oregon, south of the forty-ninth parallel. Justice to the Hudson's Ba}' Company
compels the avowal, that they executed their policy so ably, that the Americanization of
Oregon had been rendered almost impracticable, the territorial claim of the United
States almost defeated.
The extent of that companj^'s operations, and how far it really absorbed the territory,
will be better understood by an exhibit of its establishments. At the date of the treaty
(June 15, 1846), there were in Oregon, south of the boundary, nine forts and several
establishments for trading and farming. In the location of those forts, the conipan3''s
officers exhibited great judgment and sagacit}'. They had seized and occupied all the
advantageous positions, embracing within their field of operations almost the entire
countr}-, well adapted to hold the native tribes in subjection, to assure facilities for the
concentration of trade, and ready access to every portion of the territory.
106 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Fort Vancouver (the site of the present city of Vancouver, and the United States
military depot) was established in 1S24 by Dr. John McLoughlin, manager of the
Hudson's Bay Company trade on the Pacific coast. The post was inclosed in a stockade,
two hundred yards by one hundred and sevent3'-five \'ards, defended by bastions at the
southeast and northwest angles, on which bastions were mounted heavy guns. In the
inclosure were the residence of the chief executive officer, two buildings occupied by
clerks, a row of buildings for residences of families, five large two-story houses, with a
number of offices. The original site stood upon high ground a half a mile back from
the river. Outside was a huge warehouse, and a salmon house on the banks of the
Columbia river. Near the fort was a village of cabins affording dwellings to numerous
Kanakas, Canadians and servants of the company. A grist-mill was erected in 1836, and
the company also established a saw-mill, which was prevented from running at high
stages of water. Several tracts of laud were occupied and cultivated b}' servants.
Fort Vancouver was the headquarters of the Columbia district, which included all
the territory west of the Rocky IMountains. The returns from all the posts in Oregon
were made to this point ; and from here all accounts were transmitted for settlement.
The chief factors were located at this post, and a very large business was transacted.
Fort Colvile^ next in importance to Fort Vancouver, located on the east bank of the
Columbia river, south of Clark's Fork, latitude forty-eight degrees, thirty-nine minutes
north, was established in 1825. The stockade was about seventy yards square, within
which were the residence of the chief factor, four storehouses, several small cabins, a
cattle yard, hay sheds, a number of huts occupied by servants, and three buildings used
for warehouses. There was a cattle coral nine miles distant, on the Schlowskan river, and
a grist-mill three miles from the fort, on the same stream. An extensive farm in the
vicinity raised a sufficienc}- of wheat to supply the northern inland posts with flour. At
one time a chief factor was assigned to its management. Here were concentrated the furs
and peltries previous to transmission to Canada ; and from this point the inland northern
forts were supplied. Shortlj- after the treat}', this post ceased to be of importance.
Fort Okanagon was established by Mr. Astor's company in iSii, and passed into the
hands of the North West Company in the transfer by the Pacific Fur Company. It came
into the possession of the Hudson's Bay Company by assignment of the North West
Company. It possessed many advantages of position, and afforded a stopping-place for
the annual brigades on their passage to and from Fort Vancouver.
Fort Kootenais^ upon IMcGillivra3''s river, southeast of Flatbow Lake, was a small
post, in charge of a Canadian, who acted as trader, with but two or three men under him.
This establishment never was of much importance, except in the scheme of the occupanc}'
of the country. To the southeast was a trading-post among the Flathead Indians, not of
sufficient extent or importance to be classed as a fort.
Fort Walla Walla ^ on the Columbia river, near its junction with the Walla Walla,
was originally called Fort Nez Perce. It was established in 1S18 b}- Peter Skeen Ogden,
then a North West trader. He was attacked b}- Indians of the Walla Walla tribe, on the
ground where the old fort stands, and obliged to retreat to the island near the fort, where
he made a successful defense and completely repulsed the savages. As a trading-post, it
was entitled to but little consideration. It was important, however, as a stopping-place
for trains, and for keeping the Indians in check. It consisted of an inclosure of pickets
some two hundred feet square, witli a platform inside, from which the pickets could be
overlooked. At the northeast and southwest corners were bastions. The buildings, four
ESTABLISHMENTS OF HUDSON'S BAY COMPANY. 107
in number, were built of logs and mud, one story liigli, used as residences of employes.
Up the Walla Walla river twenty miles were a farm and dair}', where some twenty acres
were cultivated. A dam had been erected, but it had disappeared early after the treat3^
The country some little distance back was appropriated for grazing, but immediately
adjacent to the fort was a complete desert of drifting sand, on which nothing appeared to
vegetate except wild sage.
Fort Hall^ established by Captain Nathaniel J. Wyeth of Boston, in 1834 (who was
forced to abandon it and sell out to the company), was located at the head of Snake river.
It was built of clay, with a large sally-post fronting the Port Neuf, with walls extending
towards the banks of Snake river. A block-house is at one of the angles ; and the
buildings within the inclosure are against the side walls. A main building was occupied
by the officers in chargfe ; and several cabins furnished residences for employes. It
derived its great importance from being on the great emigrant trail ; and, by its proximity
to Great Salt Lake, it was rendered valuable as a trading point.
Fort Boise, established by the compan}^ to compete with Fort Hall, is located on the
east bank of Snake river, near the mouth of the Owyhee. The entrance fronts on Snake
river; and block-houses were placed at the corners for purposes of defense. The walls
were of clay, as also the one-stor}' buildings used as residences and storerooms within
the inclosure. After Wyeth's abandonment of the couutr}-, it possessed no importance
except as a stopping-place.
Fort Umpqua, on the south bank of the river of that name, was established in 1832 by
John McLeod, a chief trader, and Michael de Framboise. It was the principal post south
of the Columbia, and was located about forty miles from the Pacific Ocean, three miles
below the mouth of Elk river, on a plain comprising upwards of two hundred acres of land,
of which forty were under cultivation. Its trade was principally with the coast Indians, in
beaver and seal furs. The buildings were log huts, four in number, inclosed within
pickets twelve feet high, with bastions at two of the angles. The Indians in the vicinity
were very troublesome, and on more than one occasion attacked it. In 1839, this fort was
besieged for a number of hours ; but, after several Indians had been severely wounded, they
retreated. It was in charge of a Frenchman, who, with some friendly Indians, successfully
resisted the attack. The post was of little importance, being a mere trading station.
The other possessions of the company, occupied or claimed at the time of the treaty,
were a house and granary at Champoeg, on the Willamette river, an acre of ground below
the falls of the Willamette, six hundred and forty acres of land on Sauvies Island, with a
house, dairy and farm. This was the Wapato Island of Lewis and Clark, and was
occupied by Captain Wyeth of Boston, in 1834-5, as a fishing and trading station. He
sold to the compau}', when unable to succeed against their competition. A granary and
five acres of land were occupied near the mouth of the Cowlitz river, a tract of land upon
Cape Disappointment (i), and a small establishment near Chinook.
Fort Nisqually, the only post in the Puget Sound region, was established in 1833 by
Lieutenant Kittson, of the voltigeurs, then acting as a clerk in the company's service.
There was a large warehouse on the banks of the Sound, near the mouth of the
(1) Cape Disappointment, at the month of the Columbia river, was taken as a claim by an American named Wheeler. Peter S. Ogden, Esq.,
chief factor of the Hudson's Bay Company, under instructions from England, obtaine'd possession by buying out Wheeler, and himself in
February, 1S48, entered the claim under the land laws of the Oregon Provisional government. The instructions were issued from England just
subsequent to the abrupt termination (August 30, 18451 of negotiations on the Oregon boundary between Sir R Pakeuham and Mr. Buchanan, the
United States Secretary of State. The taking of this claim was for no other purpose than military occupancy of the mouth of the Columbia river.
It had no value as a trading point. There were but few Indians in its vicinity ; and the stations of Fort George (Astoria) and the Chinook were
both near at hand. Nor could it ever be claimed, even if the license of trade permitted such charter of establishment, that it had any utility for
agricultural purposes. Yet the Hudson's Bay Company, having seized this point for aggressive hostility to the United Slates, claimed the sum
of $14,600, for the occupancy of little over lour months, without improvements, except merely enough to indicate possession.
108 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
Sisqualicliew creek, erected in 1840. The fort stood upon the table land about three-
quarters of a mile from the Sound, ou the south side of the creek. Outside of the inclosure,
the creek is dammed and admirably adapted for the washing of sheep. The post consisted
of a number of buildings within a stockade, with bastions at two of its angles.
Outbuildings were erected near, a barn, blacksmith shop and cabins, used by the servants
for residences.
This post derives its importance from commanding the tracts in the viciuit}-, w'hich
constituted the largest portion of the lands and farms of the Puget Sound Agricultural
Company.
Before referring to the establishments in the name of the Puget Sound Agricultural
Compan}', it is proper to notice that compau}' and its formation. A prospectus signed by
Wm. F. Tolmie, Forbes Barclaj- and Geo. B. Roberts exhibits the intention of the proposers,
the plan upon which it was to be formed, its objects and purposes. The preamble recites
that the soil and climate of the country ou the Columbia river, particularly the district
situated between the headwaters of the Cowlitz river and Puget Sound, is considered
highly favorable for raising flocks and herds, with a view of producing wool, hides and
tallow, and the cultivation of agricultural produce. The association was to be under the
protection and auspices of the Hudson's Ba}' Compau}-. Its operations were to be
confined to the country west of the Rocky Mountains. The capital stock of the company,
_;^20o,ooo, was divided into 2,000 shares. During the pendenc\- of negotiations as to the
title of Oregon, the management of the business was to be conducted solely b}- agents
resident in England ; and John Henry Pelly, Andrew Colvile and George Simpson were
named. The first general meeting of stockholders was to be held in London, December,
1840, and within said month in every ^-ear afterwards on fourteen days' notice, published
in two newspapers printed in London or Middlesex count}'. The Puget Sound Compan}-
were to purchase, of the Hudson's Bay Company, their stock of sheep, cattle, horses and
implements of husbandry. The three agents in London selected managing agents in
the district, and fixed their salaries ; but any agent so appointed was placed under the
superintendence of the officers of the Hudson's Bay Comjiany managing the fur trade in
the district. The London agents were to execute a bond to the Hudson's Bay Company,
conditioned that neither the Puget Sound Agricultural Company, nor any person in their
employ, nor by them taken into the district, should directly or indirectly trade in furs and
peltries wliile in the employ or under agreement with the Puget Sound Agricultural
Company, and in making such agreement with employes, that the employe should observe
the above conditions. The agents were to retain authority to dismiss snch employe, and
remove him out of the district, to the point where his services were engaged ; and that all
such employes were subject to the conditions, restrictions and regulations of the Hudson's
Bay Company.
Whenever the Crown of Great Britain became possessed of the sovereignty of any
part of said district, application was then to be made for an act of incorporation. In
the meantime, a deed of settlement was to be executed by the London agents, properly
defining the duties of officers and agents, and for the successful carrying on of the business
of the company.
The Puget Sound Agricultural Company was a mere copartnership on the joint-stock
principle, consisting of parties interested in the Hudson's Bay Company. Its purpose
was to seize and occupy lands for agricultural purposes, intending to obtain a grant, in the
event of Great Britain obtaining sovereignty of the Oregon country. As the Hudson's
THE PUGET SOUND AGRICULTURAL COMPANY. 109
Bay Company could not lawfully acquire lands, it was an artifice to evade such disability.
Great Britain never did acquire title to the lands recited in the preamble ; and the Puget
Sound Agricultural Company, as a consequence, failed ever to acquire a legal existence,
enabling it to own lands and alienate them. Their title was but a mere occupancy,
terminating on the dissolution of the partnership by the withdrawal or death of an}' of
the copartners or shareholders. The treat}-, by the language it uses, may recognize title.
Surely it never conferred it. But, as the United States has since purchased the claims,
further comment is useless.
We pause to consider, nay, to admire, the vast influence which that remarkable
organization wielded in international affairs, carr3-ing the two great empires of the world
to the verge of war ; a war which must have proved destructive to the best interests of
civilization and humanity. It had the power to force its recognition as one of the
conditions of peace ; to exact that " the farms, lands and other property of ever}'
description belonging to the Puget Sound Agricultural Company, on the north side of the
Columbia river, shall be confirmed to the said company. In case, however, the situation
of those lands and farms should be considered by the United States to be of public and
political importance, and the United States government should signify a desire to obtain
possession of the whole, or any part thereof, the property so required shall be transferred
to the government, at a proper valuation, to be agreed upon between the parties."
The language made use of recognizes the fee to be in the company, subject only
to the reserved right by the United States to purchase the land at the price agreed upon
between the parties, when si:ch property of the company may be deemed as useful for
public and political objects.
Of the two thousand shares, six hundred and forty were never sold ; and the holders
paid but ten per centum upon the stock. While California was a Mexican province, on
consent of the government of Mexico, the company imported five thousand sheep from
California, three thousand of which were brought to Oregon overland, and two thousand
by sea. The sheep stocked the Nisqually and Cowlitz farms.
Under the treaty of 1S46, the Puget Sound Agricultural Company, so called, asserted
claim to the following tracts of land :
" First. The tract of land at Nisqually, extending along the shores of Puget Sound
from the Nisqually river, on the one side, to the Puyallup on the other, and back to the
Cascade Range of mountains, containing not less than two hundred and sixty-one square
miles, or one hundred and sixty-seven thousand and forty acres ; of which said tract of
land a portion is improved and under cultivation for farming and agriculture ; and the
remaining portion thereof was occupied and used by the company for grazing and pasturage
of their cattle, horses and sheep, and for cutting wood and timber thereon, and for other
purposes connected with their business ; together with Fort Nisquall}', bastions, houses,
stores, barns, shops and outbuildings, with the fencing and inclosures at the main posts
and establishments, and the houses, barns, outbuildings, fencing and inclosures at other
points on the said land.
" Secondly. The farm at Cowlitz river known as the Cowlitz, consisting of three
thousand five hundred and seventy-two acres, more or less, of which upwards of fifteen
hundred acres are improved and under cultivation for farming and agricultural purposes ;
and the remaining portion is used for cattle and sheep ranges and pasturage, and for other
110 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
purposes connected with the business of said company ; the establishment and buildings
of the Cowlitz farm, consisting of dwelling-houses, saw-mills, stores, granaries, barns,
stables, sheds and piggeries, and of a great extent of fencing and inclosures,
" Thirdly. The company also owned and possessed livestock, consisting of three
thousand one hundred head of neat cattle, three hundred and fifty horses, and five
thousand three hundred sheep, of the value of twenty-five thousand pounds sterling, which
were pastured and fed on the said lands before and at the time of the conclusion of the
treaty of the 15th of June, 1846."
The above claims are recited in the language of the memorial of the Puget Sound
Agricultural Compan}^ to the Joint Commission provided by the Convention between the
United States and Great Britain of March 3, 1S64, to award compensation for the possessory
rights of the Hudson's Bay Company, and the lauds, farms and property of the Puget
Sound Agricultural Compan3% imder the treaty of June 15, 1S46, known as the Treaty of
Limits. It fixed a northern boundary of the United States upon the northwest coast. It
then incorporated provisions whereby the United States obligated itself to purchase south
of the boundary the very territory the treaty had conceded belonged to the United States.
No territorial claims were to have been acquired under the Joint-Occupancy Treaties of
1818 and 1827, by virtue of which the Hudson's Baj' Companj' secured a presence in
Oregon. And 3'et five millions of dollars were asked by this company, for occupanc}' of
this territory to the exclusion of citizens of the United States for about a quarter of a
century.
Chapter XVI.
(1823-1836.)
American Trading Enterprises in tlie Territory West of tlie Kocliy Mountains —
Exi)etlition of William H. Ashley — Jackson, Sublette and Smith Form the
Rocky Mountain Fur Company — American Trading Vessels in the Columbia
Kiver — Wagons Brought to the liocky Mountains — South Pass — Pilcher's
Expeditions — First Overland Expedition, Captain Wyetli, to Columbia Kiver —
First School West of the Kocky Mountains — Captain Bonneville's Expedition —
Captain Wyeth's Second Enterprise — He Establishes Forts Hall and Williams.
'^"^HE dissolution of the Pacific Fur Company had been followed, in 1814, by the
X entire withdrawal of American trading vessels from the northwest coast, and also
of American traders, trappers and hunters from the territory west of the Rocky
Mountains. The urgent demands of western members secured the passage by Congress
in April, 1816, of an act regulating the Indian trade. By its provisions, none but citizens
of the United States were permitted to trade in the Indian country. This enactment
occasioned the retirement of British traders from the United States teYritory east of
the Rocky Mountains, and secured to the citizens of the United States the exclusive
enjoyment of the fur and Indian trade in that immense area drained by the Mississippi
and Missouri rivers.
John Jacob Astor had continued at the head of the North American Fur Company,
whose main field of operations embraced the regions watered by the Upper Mississippi
and Missouri rivers. American traders had ventured into the northern provinces of
Mexico, and had established a trade between Santa Fe and St. Louis. In 1822, the
Columbia Fur Company was projected by members of the North West Company
dissatisfied with the coalition in 182 1 of the Hudson's Bay and North West Companies.
It was but short-lived, soon merging itself into the North American Fur Company.
William H. Ashley, of St. Louis, who had for many years successfully prosecuted
the fur trade in the Upper Missouri country, determined upon establishing trading-posts
west of the Rocky Mountains. In the spring of 1823, he left the Missouri frontier with
a party of mounted men, a large quantity of trading goods and merchandise transported
by pack-animals. He ascended the Platte river to its source, exploring its northern branch,
to which he gave the name Sweetwater. He crossed the Rocky Mountains in latitude
forty-two degrees, twenty minutes north, and summered upon Green river, a branch of
the Colorado of the West. For many years this continued the rendezvous of the
American Fur Company. In 1824, he again crossed the Rocky Mountains by the South
Pass and journeyed to Great Salt Lake. To a neighboring smaller lake to the southeast,
discovered by Ashley, he gave his name. Having built a fort and established a trading-post
upon Fort Ashley, he left one hundred men to winter, and returned to St. Louis. Hitherto,
Ashley had transported his trading goods by pack-animals. In 1826, he fitted out
( 111 )
112 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
another expedition to Fort Ashley, accompanied by a six-pounder drawn by mules. Seven
months were occupied in accomplishing the journey and return of the party to St. Louis.
The safe transit of the Rocky Mountains with the gun was accepted as the demonstration
of a feasible wagon road.
In three years, the collection of furs at Ashley's post realized, at St. Louis, one hundred
and eight}- thousand dollars. Having amassed a large fortune, Ashley sold out, in 1829,
to the Rocky Mountain Fur Compan}-, composed of David Jackson, William Sublette
and Jedediah S. Smith. Captain William Sublette was the leading spirit. Each partner
had been in charge of annual parties trapping and hunting in, and west of, the Rocky.
Mountains, returning at the time and to the rendezvous agreed upon before setting out.
About the time of Ashley's retirement, independent of individual enterprises, several
small fur-trading companies had been formed. The success of Fort Ashle}- stimulated
renewed activity ; at least six hundred trappers were employed in the Rocky Mountain
trade. To such extent was the spirit of competition carried, that a man attached to one
company risked his life if he disposed of furs to a rival trader or company. The free
trapper (i) could onl}^ deal for the season with the company who had secured his services,
and by whom he had been furnished his outfit.
In addition to the Rocky Mountain and North American Fur Companies, there were
the St. Louis Company and a number of " lone traders" and "free trappers." Conspicuous
among these were Robert Campbell, J. O. Pattie, Major Pilcher, Colonel Charles Bent,
William Bent, Captain John Grant, Milton Sublette and others. Expeditions extended
into Mexico, Sonora and California, but seldom entered within the recognized fields of
the Hudson's Bay Company-. St. Louis was the headquarters of the Rocky Mountain
trade, except the North American Fur Company, whose headquarters were in New York.
The Rocky Mountain Fur Compau}- had existed since the spring of 1S24. During that
year Smith, with five trappers, had crossed the Rock}- Mountains and trapped until fall
on the headwaters of Lewis' Fork or Snake river. They met a part}- of Hudson's Ba}'
Company trappers returning to Flat Head post, whom they accompanied, and with whom
they passed the winter, returning to rendezvous in the earl}- spring of 1S25. With a
party numbering about forty. Smith crossed the Sierra Nevada Mountains and established
a camp on the American Fork of the Sacramento river. He distributed small trapping
parties on the tributaries of that river, who met with great success. Smith returned with
several bales of beaver skins.
The Rocky Mountain Fur Company now resolved to prosecute the trade in the
countries bordering on the Pacific. In the Snake river country, the number of
men employed had been increased to between five and six hundred. Encouraged by
the success of the previous year. Smith, with a larger party, set out for the country west
of Great Salt Lake. Having gone too far west to feel sure of a safe return over the great
desert with his reduced stock of provisions and exhausted animals. Smith pushed forward
to the Pacific. He resolved to go to the Columbia and follow up that river and meet his
partners in the Snake river country. To obtain horses and necessary supplies with which
to execute his purpose, he went as far south as San Diego, thoroughly exploring the
country as he journeyed. The native Californians regarded all strangers with jealousy,
but those coming from the United States with especial suspicion. Smith was unable to
purchase horses or supplies until he had procured from General Echandia, the military
(l) A free trapper is one not indentured to .tn^- company, who hunts u]>ou certain terms of agreement concerning the prices of the furs he
secures, and the cost of his outfit.
I.m'^i
.^-■s^-":
F. W. PETTYGROVE ESQ.
POF?T TOWNSEND^WT.
EXPEDITION OF JEDEDIAH S. SMITH. 113
commandant of the presidio, a passport allowing him to remain in the country, and to
return to his camp. Several American shipmasters, then trading upon the coast of
California, certified to his honesty and that his objects were perfectly harmless. That
singular document reads :
" We the undersigned, having been requested by Jedediah S. Smith to state our
opinion regarding his entering the province of California, do not hesitate to say that we
have no doubt but that he was compelled to, for want of provisions and water, having
entered far into the beaver country that lies between the latitudes of forty-two degrees and
forty-three degrees west ; that he found it impossible to return by the route he came, as his
horses had most of them perished for want of food and water. He was therefore under
the necessity of pushing forward into California, it being the nearest place where he could
procure supplies to enable him to return.
" We further state as our opinions that the account given by him is circumstantially
correct, and that his sole object was the hunting and trapping of beaver and other furs.
" We also examined the passports produced by him from the superintendent of Indian
affairs for the government of the United States of America, and do not hesitate to say that
we believe them perfectly correct.
" We also state that, in our opinion, his motives for wishing to pass by a different
route to the Columbia river, on his return, is solel}^ because he feels convinced that he and
his companions run great risks of perishing if they return by the route the}- came.
" In testimony whereof, we have hereunto set our hands and seals this 20th day of
December, 1826. (Signed) William P. Dana, Captain of schooner Waverly ; William H.
Cunningham, Captain of the ship Courier ; William Henderson, Captain of the brig Olive
Branch ; James Scott; Thomas Robbins, Mate of the schooner Waverly ; Thomas Shaw,
Supercargo of ship Couriery
Smith made several unsuccessful efforts to proceed to the Columbia river. It was
equall}^ impracticable to return eastward through the Sierra Nevada Mountains. He was
informed by the Christian Indians from the Mission of San Jose that Father Duran, in
charge, was very desirous of knowing who he was, and the purpose of his party being in
the country. Smith thus satisfied the curiosity of the missionary:
^^ Reveretid Father: I understand through the medium of one of 3'our Christian
Indians, that you are anxious to know who we are, as some of the Indians have been to
the mission and informed you that there were certain white people in the country. We
are Americans, on our journey to the Columbia river. We were in the mission San
Gabriel in January last. I went to San Diego and saw the General, and got a passport
from him to pass on from that place. I have made several efforts to pass the mountains,
but the snows being so deep I could not succeed in getting over. I returned to this place,
it being the only point to kill meat, to wait a few weeks until the snows melt, so that I
can go on. The Indians here also being friendly, I consider it the most safe point for me
to remain until such time as I can cross the mountains, with my horses, having lost a
great many in attempting to cross ten or fifteen days since. I am a long ways from
home, and am anxious to get there as soon as the nature of the case will admit. Our
situation is quite unpleasant, being destitute of clothing and most of the necessaries of
life, wild meat being our principal subsistence. I am. Reverend Father, your strange, but
real friend and christian brother.
"May 19, 1827. ^^^^"^^^ J.S.Smith."
114 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
That certificate of Jedediah S. Smith's peaceable intentions towards the province of
California, and his letter to Father Duran of San Jose mission, are preserved in the
archives of the State of California as mementoes of the first crossing of the Sierra Nevada
Mountains by white men, — of the consummation of the first overland trip from the
Atlantic States to the Bay of San Francisco.
Smith and his party reached the coast at the mouth of Rogue river, from whence they
followed the beach, reaching the south bank of the Umpqua, where the Indians stole the
only axe the party possessed. It was a severe loss, for upon it the party had depended to
construct rafts to cross the rivers, and to supply fuel. The chief having been taken
prisoner, the axe was returned. Early next morning Smith, accompanied by two white
men and an Indian, was ascending the river in a canoe to find a ford to cross the pack
animals. Having reached the middle of the stream, still in sight of the camp, the Indian
snatched Smith's gun and jumped into the river. Smith seized his companion's gun,
shot the Indian dead, and made for the opposite shore. Without provisions, with one
gun between them, Smith and his companion fled. Contrary to Smith's orders, a large
number of Indians had been allowed to come into camp. At a concerted signal, each
man was attacked by five or six savages armed with knives and clubs. Of the nineteen
constituting the party, fifteen were killed. Of those remaining in camp. Black alone
survived the massacre. Black had just cleaned his rifle, when three Umpquas closed in
upon him. He succeeded in freeing himself, fired upon the crowd, and, amid the
consternation, effected his escape. Concealed in the woods until the Indians had retired,
he then swam the Umpqua river, and followed up the coast, aided by friendly Indians, till
he reached Cape Lookout. He then gave himself up to a party of Tillamook Indians,
who conveyed him in safety to Fort Vancouver, where he arrived August, 1S28. Dr.
McLoughlin rewarded the Tillamooks for bringing Black to the fort. On hearing Black's
story, Dr. McLoughlin sent Indian runners with presents to the Willamette chiefs,
requesting that search be instituted for Smith and his two companions. A liberal reward
was offered for their safe return ; and the Indians were warned that if these men were
harmed severe punishment would follow. A party of forty armed men was immediately
equipped, to go to the Umpqua country'. Just as the party was embarking. Smith and
the two men arrived at Fort Vancouver. The party was then dispatched with sealed
instructions to be opened by the officer in charge on arrival at the Umpqua. These
instructions were : " The Indians were to be invited to bring their furs to trade, as though
nothing had happened. The furs were then to be counted; and, as the American trappers
mark all their skins, the stolen skins were to be kept separate, to be returned to Smith.
The Indians were not to be paid for those, but were to be told that they got them by
murdering Smith's party." The Indians denied the murder, but admitted that they
bought the skins from the murderers; the}- were then told to look to the murderers for
payment. The murderers were requested to restore the propert}- received in exchange for
the stolen skins. A war followed among the Indians, and the murderers were severely
punished by their own people. Property of Smith's to the value of $3,200 was restored
to him, without any expen.se ; and himself and the other refugees were treated with the
greatest kindness. Sir George Simpson, Governor of the Hudson's Bay Territory, present
at Fort \'ancouver at the time, offered Smith a free passage to London in the company's
next returning vessel. The offer was declined; and Smith sold his furs to Dr. McLoughlin.
With the remnant of his party, he set out, in the spring of 1829, for the Rocky
Mountains, meeting, at Pierre's Hole, Fitzpatrick, who liad been sent in search. The
WAGONS BROUGHT TO THE ROCKY MOUNTAINS — SOUTH PASS. 115
generous hospitality and liberality of Dr. RIcLoughlin to Smith and his unfortunate
companions dispelled all spirit of competition ; and, at Smith's solicitation, the Rocky
Mountain Fur Company retired from the hunting and trapping fields of the Hudson's
Bay Company.
In 183 1, Smith, in charge of a trading expedition en route to Santa Fe, was killed on
the Cimmarron river in an encounter with Comanche Indians. For several years after
Smith's death, the Rocky Mountain Fur Company, its parties led b}^ Bridger, Fitzpatrick
and the Sublette brothers, continued the prosecution of the fur trade. Under the auspices
of this company, the wagon train reached the eastern base of the Rocky Mountains. In
a letter to the Secretary of War, October, 1829, the company reported the successful
accomplishment of the undertaking, boldly declaring the entire practicability of a good
wagon road across the Rocky Mountains via South Pass to the great Falls of the
Columbia. This letter, which accompanied the special message of President Jackson to
Congress, January 25, 1S31, said:
"The i8th of April last (1829), we set out from St. Louis, with eighty-one men
mounted on mules, ten wagons, each drawn by five mules, and two dearborns (light
carriages or carts), each drawn by one mule. Our route was nearly due west to the
western limits of the State of Missouri, and thence along the Santa Fe trail, about forty
miles from which the course was some degrees north of west, across the waters of the
Kansas, and iip the great Platte river to the Rocky Mountains, and to the head of the
Wind river, where it issues from the mountains. This took ns until July i6th, and was
as far as we wished the wagons to go, as the furs to be bought were to be collected at
this place, which is, or was this year, the great rendezvous of the persons engaged in that
business. Here the wagons could easily have crossed the Rocky Mountains, it being
what is called the Southern Pass, had it been desirable for them to do so, which it was not
for the reason stated."
The success of the Missouri fur traders soon provoked the competition of the North
American Fur Company. The latter dispatched trapping and trading parties west of the
Rocky Mountains, but formed no permanent establishments. Private parties also
inaugurated individual enterprises without important or permanent results.
In 1 82 7, Mr. Pilcher left Council Bluffs with forty-five men and one hundred horses,
crossed the South Pass, and wintered upon Green river. The next spring he proceeded to
Snake river and followed the western base of the Rocky Mountains as far north as Flat
Head Lake, where he remained during the winter of 1828-9. The next season he
descended Clark's Fork of the Columbia to Fort Colvile, and recrossed the Rocky
Mountains by the northern Columbia route on the Hudson's Bay Company trail to York
Factory.
These expeditions of the American fur-trading parties west of the Rocky Mountains
were confined to the country watered by the Snake river and its tributaries, and the region
to the southward. Inroad was not made into Oregon; and competition with the Hudson's
Bay Company was avoided. They were migratory parties without established posts, —
with temporary depots adopted as rendezvous, where the results of trade were concentrated,
from which supplies were distributed, and to which the parties at a designated time would
return. While these American fur-trading operations were being prosecuted in and about
the western base of the Rocky Mountains, United States vessels were again attempting to
renew trade in the Columbia river. In February, 182 1, the brig Owyhee of Boston, Captain
Dominis, entered the Columbia,' followed a month later by the schooner Convoy, Captain
116 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Thomas, belonging to the same owner. As soon as it was learned at Fort Vancouver that
two American vessels were trading at the mouth of the river, the sloop Multnomah, laden
with trading goods, was sent to Fort George (Astoria) to trade. Captain Dominis having
sailed up the coast, the Convoy went up the Willamette river to Clackamas Rapids, and
there opened trade with the natives. On the recession of the summer high waters, the
schooner grounded. The Indians, taking advantage of Captain Thomas' misfortunes,
became insolent and menaced both vessel and crew. On hearing of the Convofs condition.
Dr. McLoughlin sent assistance, and compelled the Indians to make restitution of the
stolen propert)'. After this relief, the Convoy sailed up the coast. The Oivyhee returned
to the Columbia, where she wintered. The Convoy wintered at the Sandwich Islands.
She returned in the spring to the Columbia river, where both vessels remained during the
summer.
The visit of the Oicyliee and the Convoy aptly illustrates the polic}- of the Hudson's
Bay Company to American traders, as also the humanity of Governor John McLoughlin
to those who met with misfortune, — a broad humanity which never halted to inquire as to
race, sect or nationalit}'.
As chief executive officer of the Hudson's Bay Company, intrusted with the entire
management of its affairs and business west of the Rocky IMountains, he would not
tolerate the presence of a rival trader within the company's fields of operations without the
most bitter competition. But, when misfortune overtook an^- fellow being, he was ever
ready to proffer S3'mpathy, to extend assistance. With the utmost promptness, he
punished with severity ever}- depredation by Indians upon the white race, English or
American. The wrong-doer was demanded; if not surrendered, the tribe or band were
treated as accessories, and received merited punishment. Where thefts were committed,
restitution must follow. Always justly severe when necessary, the Indians knew what
they had to expect; and they universally loved Dr. McLoughlin as a man, and respected
his authorit}' as a chief On March lo, 1S29, the Hudson's Ba^- Company's ship William
and Ann was wrecked on the north spit, in nearly a direct line between Cape
Disappointment and Clatsop Point. Such of the crew as escaped by boats were murdered
by the Indians at Clatsop. Suspicion was aroused that, after the ship had been disabled,
the Indians had overpowered the crew, and stripped and plundered her. None had
sur^'ived to tell the tale; and much of her cargo was in possession of the Indians. Dr.
McLoughlin with a party, armed with a swivel, demanded restitution of the wrecked goods.
The demand was met by the Indians firing upon the party. L^pon the discharge of the
swivel the Indians fled, except one, who raised his gun to fire and was shot dead. The
wrecked property was then peaceably surrendered. The Indians were admonished that they
could not profit by disasters to vessels, nor murder white men for plunder. The next year
(May 2, 1830), the ship Isabella, from London, struck on the northeast point of Sandy
Island. Her officers and crew, demoralized at the fate of the William and Ann, at once
deserted her, never landing from their boats until thev reached Fort Vancouver. The cargo
remained undisturbed by the Indians, and was entirely saved by a part}- from Fort George.
In I S3 1, Captain B. L. E. Bonneville, United States Arm 3-, applied for two years'
leave of absence " to explore the country to the Rocky Mountains and beyond, with a view
of ascertaining the nature and character of the several tribes of Indians inhabiting those
regions ; the trade which might profitably' be carried on with them ; quality of soil,
productions, minerals, natural historj-, climate, geography, topograph^', as well as geology,
of the various parts of tlie countr}- within the limits of the territories of the United States
-«=r^ ,?vW
JACOB FRAZER ESQ.
PENDLETON, OR.
A PIONEER OF I8S0.
CAPTAIN BONNEVILLE'S EXPEDITION. 117
between our frontier and the Pacific." On the 3rd da}' of August of that year,
Major-General Macomb, Commander-in-Chief, United States Army, granted the requested
leave until October, 1833, instrncting Bonneville that the government would be at no
expense, but that he must provide suitable instruments and the best maps, especially of
the interior ; " and that he note particularl}' the number of warriors that ma}- be in each
tribe of natives that ma}' be met with, their alliances with other tribes, and their relative
position as to state of peace or war ; and whether friendly or warlike positions towards each
other are recent or of long standing; their manner of making war, mode of subsisting
themselves during a state of war and a state of peace ; the arms and the effect of them ;
whether they act on foot or on horseback ; in short, every information useful to the
government."
During the ensuing winter, an association was formed in New York from which
Captain Bonneville received the necessary financial aid. On the ist of May, 1832, the
Bonneville party, numbering 1 10 men, with twenty wagons, started from Fort Osage,
carrying a large quantity of trading goods destined for the regions watered by the
Colorado and Columbia. He remained west of the Rocky Ivlountains over two years.
The narrative of Bonneville's adventures is among the most fascinating of the works of
Washington Irving; and upon such notable circumstance the historic claim of this
expedition mainlv depends. In that narrative, In'ing, in his own inimitable style, has
chronicled the vicissitudes and novelties of life in the Rocky Mountains, as experienced
by trappers and adventurers. In language more thrilling and varied than romance, he
has pictured the trapper's life, its dangers, its exciting pleasures, the bitter rivalry of
competing traders, the hostility of savages ; in short, a pen picture has been produced by
a master hand, from which latest posterity can learn what constituted the fur trade and
how it was prosecuted in the heart of the American continent and in Oregon within the
first half of the nineteenth century. Bonneville went as far west as Fort Walla Walla.
His parties penetrated the valleys of the Humboldt, Sacramento" and Colorado. Competed
with by the Hudson's Bay Company, encountering the most bitter and unceasing rivalry
of the more experienced Missouri fur traders, Bonneville's venture was pecuniarily a
failure.
In 1S32, Captain Nathaniel J. Wyeth, of Massachusetts, crossed overland to Oregon
with the purpose of establishing salmon fisheries on the Columbia river, in connection
with prosecuting the Indian and fur trade. He dispatched a vessel via Cape Horn to the
Columbia with trading goods. Captain Wyeth and party reached Fort Vancouver October
29th. It was calculated that such vessel would make the voyage to the Columbia in
about the same time it occupied his party to prosecute the overland journey. But the
vessel never reached the Columbia river. She was never heard from after sailing. John
Ball, a member of Wyeth's party, opened a school at Fort Vancouver in January, 1S33,
but the attempt proved a failure. On the ist of March following, Solomon H. Smith,
another of Wyeth's company, accepted from chief factor Dr. McLoughlin an engagement
to teach school for six months. The teacher was at first discouraged. Instead of an
English school, he found a great confusion of tongues. Says he (i): "The scholars
came in talking their respective languages, — Cree, Nez Perce, Chinook, Klickitat, etc., etc.
I could not understand them, and when I called them to order there was but one who
understood me. As I had come from a land where discipline was expected in school
management, I could not persuade myself that I could accomplish anything without order.
(i) lu a letter to the author.
118 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
I therefore issued ray orders ; and, to my surprise, he who understood joined issue with
me upon my government in the school. While endeavoring to impress upon him the
necessity of discipline and order in the school, and through him making such necessity
appreciated by his associates, Dr. McLoughlin, chief factor, entered. To the doctor I
explained nn' difficulty. He investigated m^- complaint, found nu' statements correct,
and at once made such an example of the refractory boy that I never afterwards
experienced any trouble in governing. I continued in the school over eighteen months,
during which the scholars learned to speak English. Several could repeat Murray's
grammar verbatim. Some had gone thro' arithmetic, and upon review copied it entire.
These copies were afterwards used as school books, there having been only one printed
copy at Fort Vancouver. The school numbered twent\'-five pupils."
Captain Wyeth returned overland to Boston in 1833, most of his part}- remaining in
the country, several making settlements in the Willamette valley. Not disheartened with
the failure of the first attempt, Captain Wyeth renewed his efforts to establish direct trade
between Boston and the Columbia river. Having dispatched the brig May Dacre, Captain
Lambert, laden with trading goods and supplies, to the Columbia via Cape Horn, he
crossed the continent with two hundred men. In that overland train were Dr. Nuttall and
John K. Townsend, of Philadelphia, both well known to science, the latter being the author
of a pleasing narrative of this journey. The pioneer part}' of the Oregon Methodist
Mission consisted of Revs. Jason and Daniel Lee, and ]\Iessrs. P. L. Edwards and Cyrus
Shepherd, lay members. Courtney M. Walker, employed by the mission for one year, also
accompanied. They left Independence, Missouri, April 24, 1S34, and reached the junction
of Snake and Port Neuf rivers early in July. At this point, Wyeth built a trading-post
called by him Fort Hall, in which he stored his trading goods. Having fitted out trapping
parties, he proceeded to Fort Vancouver, reaching that place about the same time that the
May Dacre arrived in the river. At the lower end of Wapato (now Sauvie's) Island,
Wyeth established a salmon fishery and trading-house, which he named Fort William.
The salmon fishery proved unsuccessful. His efforts to trade with the Indians and to
purchase beaver skins were without profit. Competition of the Hudson's Bay Company,
constant trouble with the Indians, the loss of several of his men killed by Indians or
drowned, at length discouraged him. It is stated by competent authority (i), "that the
island was thickly inhabited by Indians until 1S30, when they were nearly exterminated
by the congestive chills and fever. There were at the time three villages on the island.
So fatal were the effects of the disease, that Dr. McLoughlin sent a party to rescue and
bring away the few that were left, and to burn the village. The Indians attributed the
introduction of the fever and ague to an American vessel that had visited the river a 3'ear
or two previousl}'. It is not therefore a matter of surprise to an}- who understand Indian
character, and their views as to death resulting from such diseases, that Wyeth's attempted
establishment on Wapato Island was subject to their continued hostility. He was of the
race to whom they attributed the cause of the destruction of their people ; and his
employes were but the lawful compensation according to their code for the affliction they
had suffered."
A half cargo of salmon having been obtained, the brig sailed in 1835, and never
returned to Fort William. In 1835, Captain Wyeth broke up that establishment,
disheartened, and returned to Massachusetts. The remnants of his property in Oregon
he endeavored to sell in London to the directors of the Hudson's Bay Company. The
(l) George B, Roberts, Esq., loug Probate Judge of Wahkiakum county, who arrived in Oregon, 1S31, in service of the Hudson's Bay Company.
J
CAPTAIN WYETH's SECOND ENTERPRISE. 119
board of management referred him to the officers in charge at Fort Vancouver. In 1837,
Dr. McLoughlin purchased Fort Hall from Captain W3'eth's agents. The emploj^es and
laboring men generall}' remained in the territory. The acquisition by the Hudson's Bay
Company and its occupancy of Fort Hall was the end of the x-Vmerican fur trade west of
the Rocky Mountains. After two or three 3-ears, it was finally abandoned.
The results of Wyeth's expedition, though disastrous to him financiall}', were in the
greatest degree valuable to the United States and to the territory itself His memoir
printed b^' order of Congress attracted the attention of American people to Oregon, its
value, its claim to colonization. The statement as to its resources, its climate, soil,
productions and accessibility stimulated immigration. Oregon hereafter is to be settled
and Americanized.
Chapter XVII.
(1807-1827.)
Conflicting Claims to Northwestern Coast of America — Abortive Effoi-ts to Settle
the Boundary of Respective Possessions — Captiu*e and Surrender of Astoria
— Convention of 1818 — United States Acquires the Spanish Claim by Florida
Treaty — Russia Limited to Making Settlements Northward of Fifty-four
Degrees, Forty Minutes, by Conventions with Great Britain and United States —
That Parallel Becomes the Northern Boundary of the Oregon Territory —
Great Britain and the United States the only Claimants of Oregon — Treaty
of 18'47.
I^HE exploration, settlements and acts heretofore narrated constitute tlie bases upon
which Russia, Spain, Gi'eat Britain and the United States respectively asserted
claim to the territory on the northwest coast of America. Russia exclusively claimed the
coast north of fiftj^-one degrees north, with all adjacent islands. Her tenable or recognized
claims, as defined b}^ herself, will be found in the grant (July 8, 1799), by Emperor Paul,
to the Russian-American Fur Company : " In virtue of the discovery b}- Russian navigators
of a part of the coast of America in the northeast, beginning from the fift^'-fifth degree of
latitude, and of claims of islands extending from Kamtchatka, northward towards America,
and southwards toward Japan, Russia had acquired the right of possessing those lands.
And the said company is authorized to enjoy all the advantages of industry, and all the
establishments upon the said coast of America, in the northeast, from the fifty-fifth degree
of latitude to Behring's Strait and beyond it, as also upon the Aleutian and Kurile
Islands and the others situated in the Eastern Ocean."
Nor did Russian traders subsequent to that 3'ear establish settlements or make
discoveries south of that parallel. Still Russia assumed the fifty-first degree to be the
southern limits of her possessions as against the United States, upon the ground that
such parallel was midway between Sitka and the mouth of the Columbia river. That power
also maintained rights of sovereignty over the whole of the Pacific north of fifty-one degrees,
inasmuch as that portion of the ocean was bordered on both sides by Russian territory,
and was for such reason a close sea. Consonant with these views, though asserted later
than the period which marks the commencement of this chapter, Russian pretensions to
sovereignty on the northwest coast are all well illustrated in the Imperial Ukase of
September 4, 182 1, immediately following the renewal of the charter of said compau}'.
That Ukase asserts " that the whole west coast of America north of the fifty-first
degree, the whole east coast of Asia north of forty-five degrees, fifty minutes, with all
adjacent and intervening islands, belong exclusively to Russia ; and it also prohibits the
citizens and subjects of all other nations, under severe penalties, approaching within one
hundred miles of any of these coasts, except in cases of extreme necessity."
( 120)
j^f'T-^.
.^■c
CAPT. W.B.WELLS, /
PORTLAND, OR. f
i^ :%
MRS. M.J. BRISTOW,
PORTLAND, OR-
HON.L.F. MOSHER,
F?OSEBURGH, OR
DR.G. KELLOGG,
PORTLAND, OR.
MRS.DR.G. KELLOGG,
PORTLAND OR.
CONFLICTING CLAIMS TO NORTHWESTERN COAST OF AMERICA. 121
The Spanish claim was equally bold: " The right and dominion of the Crown of Spain
to the northwest coast of America, as high as the Califoruias, are certain and indisputable,
the Spaniards having explored it as far as the forty-seventh degree in the expedition
under Juan de Fuca in 1592, and in that under Admiral Fonte to the fifty-fifth degree in
1640. The dominion of Spain in its vast regions being thus established, and her rights
of discovery, conquest and possession being never disputed, she could scarcel}^ possess a
property founded on more respectable principles, whether of the law of nations, of public
law, or of any others which serve as a basis to such acquisitions as compose all the
independent kingdoms and states of the earth." Such was its assertion by Chevalier de
Onis, so long the accomplished Minister of Spain to the United States. It was made while
Spain was asserting title adversely to all other nations. It expressed the measure of
Spanish claim, not only when uttered but as asserted for centuries. This contention
derives additional value, indicating as it does the conviction as entertained b}' a most
eminent Spanish stateman, tliat 110 territory nor claim thereto had been surrendered to
Great Britain in the Nootka Treat}^ and the incidents growing oiit of it.
Great Britain did not assert exclusive title to au}- portion of the northwest coast.
The voyages of Drake, Cook, Meares, Vancouver and others to the coast, of Sir Alexander
Mackenzie across the continent, followed by the formation of establishments within the
territory, all afford evidences that portions of the coast and much of the interior had been
claimed by British subjects in the name of their sovereign. Whatever rights could attach
to or grow out of those acts, the British government had no idea of relinquishing. Two
of her eminent negotiators thus defined her status. " Great Britain claims no excbtsive
sovereignty over any portion of that territory. Her present claim, not in respect to any
part, but to the whole, is limited to a right of joint occupancy, in common with other states,
leaving the right of exclusive dominion in abeyance. In other words, the pretensions of
the United States tend to the ejection of all other nations, among the rest, of Great Britain,
from all the rights of settlement in the district claimed by the United States. The
pretensions of Great Britain on the contrary tend to the mere maintenattce of her own
rights, in resistance to the exclusive character of the pretensions of the United States^
British authorities thus commented upon the Spanish claim : " If the conflicting claims
of Great Britain and Spain, in respect to all that part of the coast of North America, had
not finall}' been adjusted by the convention of Nootka in the year 1790, and all the
arguments and pretensions, whether resting on priority of discovery, or derived from any
other consideration, had not been definitely set at rest by the signing of that convention,
nothing could be more easy than to demonstrate that the claims of Great Britain to that
country, as opposed to those of Spain, were so far from visionary or arbitrarily assumed
that they established fnore than a parity of title to the possession of the country in question,
either as against Spain or any other nation."
Fairl}^ stated. Great Britain asserted no exclusive title, but preferred to acquire and
rely w^ow possessio)i, strengthening her claim by settlements permitted by other nations,
who in such permission admitted that their title was insufficient to authorize her exclusion.
Being thus in possession, and herself the judge of the indefeasibility of adverse title, she
could elect whether she would be ousted. The situation is thus defined: "While we have
not the title, we want the possession. In the meantime, we do not admit your title to be
any better than ours. In other words, just such a title as in all ages of the world might
has made right.''''
122 HISTORY "OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The claim of the United States was at that time of a two-fold character : In its own
right, based upon the discovery of the Columbia river by a citizen of the United States ;
subsequent explorations of that river by Lewis and Clark, from its sources to its mouth,
followed and strengthened by American settlements upon its banks. Upon the universally
recognized principle of the law of nations, that the discovery of a river, followed by acts
of occupancy, secured the right to the territory watered by it and its tributaries, the United
States claimed the territory west of the Rocky Mountains lying between forty-two degrees
and fifty-one degrees north latitude, subject to the claim of Spain by virtue of the voyages
of discovery b}' Spanish navigators to portions of the coast or its adjacent islands.
As successors to France: By purchase of Louisiana in 1S03, the United States
acquired the claim of continuity to the territory from the Mississippi westward to the
Pacific Ocean, of the breadth of that Province, its north line according to the Treaty of
Utrecht (1713) being the dividing line between the Hudson's Ba}' Territory and the
French Provinces in Canada. The doctrine had for centuries been recognized, that
continuity was a strong element of territorial claim ; indeed its application had been
universal to the colonization of the Atlantic seaboard. All European powers, in making
settlements, maintained that colonial grants or charters (if not otherwise expressed)
comprised not only the limits named therein, but included a region of country of like
breadth extending across the continent to the South Sea or Pacific Ocean. For the
integrity of this principle, the war between Great Britain and France had been waged,
which terminated by the treaty of 1763. By that treaty the former power received Canada
and Illinois, renounced to France all territory west of the Mississippi, and thereby
surrendered any claim by continuity westward of that river. Thus was conferred upon
France all claim to the territory on the American continent westward of the Mississippi
river, which, \)y the principle of continuity, extended westward to the Pacific Ocean,
subject alone to the claims which might be set up b}- Spain. To the summit of the
Rocky Mountains, the French title to the Louisiana territory was absolute and
indefeasible; and, it may be safel}' contended, good to the South Sea or Pacific Ocean,
if not interfered with by actual occupancy of an adverse power. The treat}- of 1763
transferred to France whatever benefits might accrue from the recognized doctrine of
continuity, and forever barred Great Britain from asserting such claim ; for she was
therein exclusively limited to the Mississippi river as the western boundar}- of her
American possessions. The treat}^ of peace in 1783, between Great Britain and the United
States, established our national independence, constituted the United States successor
of Great Britain, with its western boundar}', the Mississippi river, as prescribed and
defined by the treaty of 1763. The Louisiana Purchase, therefore, restored to the United
States, assignee and successor to France, the great link of continuity which Great Britain
had lost b}' the treaty of 1763. Such were the relative claims to this territory in the
early part of the nineteenth century.
Shortly after the Louisiana Purchase, negotiations were commenced between the
United States and the British government for the adjustment of the boundary line
between the respective possessions westward of the Mississippi river. This resulted in
the signing of a convention (in 1807) by negotiators of the two governments, by the
fifth article of which " the forty-ninth parallel, from its intersection by a line drawn
from the most northwestern point of the Lake of the Woods, westward to the Rocky
Mountains, was defined as said boundary ; but nothing in the present article shall be
construed to extend to the northwest coast of America, or to the territory belonging to or
ABORTIVE EFFORTS TO SETTLE RESPECTIVE BOUNDARIES. 123
claimed by either party on the continent of America to the westward of the Stony
Mountains." President Jeiferson objected to the proviso, as " it could have little other
effect than as an offensive intimation to Spain that the claims of the United States
extended to the Pacific Ocean. However reasonable such claims may be compared with
those of others, it is impolitic, especially at the present moment, to strengthen Spanish
jealousies of the United States, ivliich it is probably an object ivitli Great Britain to excite
by the clause in question.'''' The President rejected the treaty without submitting it to the
Senate.
In the negotiations which terminated in the Treaty of Ghent (December 20, 1814),
the effort was renewed to establish the northern boundary of the United States, westward
of the Mississippi river. The United States commissioners offered the boundary line
and proviso of the convention of 1807. The British negotiators signified their willingness
to accept the proposition, coupled with the right of navigation of the Mississippi river
from British America to the Gulf of Mexico. That proposition was not entertained; and
the treaty was concluded without allusion to the northern boundary of the United States
westward of the Lake of the Woods.
There was, how^ever, in the first article of the Treaty of Ghent, a stipulation, the
fulfillment of which became an important feature in the Oregon controvers}^, to wit : " All
territory, places and possessions whatsoever, taken by either part}"- from the other during
the war, or which may be taken after the signing of this treaty, shall be restored without
delay."
On the iSth of Jul}^ 1815, James Monroe, Secretary of State, notified the British
Minister at Washington that the United States government would immediately take the
necessary steps to reoccupy the post at the mouth of the Columbia river, called Astoria by
its founder, but nominated Fort George by the British. In 1817, Captain James Biddle,
United States Navy, in command of the sloop-of-war Ontario.^ sailed for the mouth of the
Columbia river, bearing hence Hon. J. B. Prevost, United States Commissioner. The object
of this voj'age was to assert United States sovereignty in the country adjacent to the
Columbia river in a friendly and peaceable manner, and without the employment of force.
On the sailing of the Ontario^ the British Minister at Washington remonstrated.
Discussion ensued as to the method of restitution, character of settlement, and the effect
that such surrender w'ould have on the respective claims of the two governments. It was
insisted by the United States, and conceded by the British negotiators, that the status quo
ante belluni should be restored ; that, in treating of the title, the United States should be
in possession. The unconditional surrender of Astoria to the United States having been
agreed upon, negotiations on the question of the northern boundary west of the
Mississippi were resumed.
In pressing a final disposition of the boundary to include the territory west of the
Rocky Mountains, the United States asserted the intention " to be without reference or
prejudice to the claims of any other power." At this time, the boundary between the
Spanish North American possessions and the United States had been undetermined ; the
Russian possessions on the northwest coast, which advanced southwardly, had not
been definitely limited. The proposition submitted by the United States was the
forty-ninth parallel, from its intersection by a line drawn through the northwest extremity
of the Lake of the Woods westward to the Pacific Ocean. The British negotiators again
insisted upon the right of navigating the Mississippi from its sources to the Gulf It was
not expected that the proposition would be entertained ; and thus ended the matter.
124 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
The relative rights of Great Britain and the United States to the territory of the
Pacific coast were freely discussed. Messrs. Gallatin and Rush maintained that the
discover}? of the Columbia river by Captain Robert Gray, the exploration from its
headwaters to the ocean by Lewis and Clark, and the American settlement on its banks
near its mouth (Astoria), rendered the claim of the United States "at least good against
Great Britain to the countrj? through which such river flowed, though they did not assert
that the United States had a perfect right to the countr}'." The British commissioners,
in reply, referred to the discoveries by British navigators, especiall}- those of Captain
Cook, and to purchases from the natives south of the river Columbia, which they alleged
to have been made prior to the American Revolution. They made no formal propositions
as to boundary, but intimated that the Columbia was the most convenient that could be
adopted ; nor would they agree to any settlement that did not give to Great Britain the
harbor at the mouth of the Columbia river in common with the United States. As the
discussion progressed, difl&culties multiplied. Agreement being impossible, negotiations
were brought to an end by the treaty of October 20, 181S, which determined the boundary
of the United States luestward to the Rocky Mountains.
The third article of that treaty refers to Oregon Territory as follows :
" It is agreed that any country that may be claimed by either party, on the northwest
coast of America westward of the Stony (Rocky) Mountains, shall, together with its
harbors, bays and creeks, and the navigation of all rivers within the same, be free and
open for the term of ten years from the date of signature of the present convention, to the
vessels, citizens and subjects of the two powers. It being well understood that this
agreement is not to be construed to the prejudice of any claim which either of the two
high contracting parties may have to any part of the said country."
Immediately after the conclusion of the so-called Joint-Occupancy Treaty, which was
really a mutual covenant that neither government would attempt acts in prejudice to the
other's claims, the United States renewed negotiations with Spain for the adjustment of the
southwestern boundary of the former natiou. This resulted (February 22, 1819) in the
Treaty of Florida.
In consideration of the cession of Florida b}' Spain, the Sabine river was constituted
the western boundary of the United States. The southern boundar}' was designated by
" a line drawn on the meridian from the source of the Arkansas river, northward to the
forty-second parallel, thence along the parallel to the Pacific (i) ocean;" and Spain ceded
to the United States " all rights, claims and pretensions to au}^ countr}- north of the said
forty-second parallel."
Thus and thereafter, the Florida Treaty had eliminated Spain from the controversy,
and left the United States successor in interest, clothed with all the rights which has inured
to Spain by virtue of the discoveries of Spanish navigators.
Such being the attitude of the respective claimants, John Quincy Adams, Secretary of
State, on the 22d of July, 1823, addressed instructions to Richard Rush, Minister to
England, that memorable letter insisting upon the adjustment of the boundaries of the
several claims on the northwest coast of America, which clearly exhibits the view of the
government as to its territorial rights west of the Rocky Mountains, and the weight
attached by it to the claims of other nations. Says he : " Among other subjects of
negotiation with Great Britain which are pressing upon the attention of this government
(i) By treaty, January 12, 1S28, the Republic of Mexico adopted, as her northern boundary line, said western and southern line of the United
States as defined by the Florida Treaty.
^*/^
J.J.H.VANBOKKELEN.
PORTTOWNSENn,WT.
INSTRUCTIONS TO RICHARD RUSH, MINISTER TO ENGLAND. 125
is the present condition of the northwest coast of this continent. By the treaty of amity,
settlement and limits between the United States and Spain of February 22, 1819, the
boundary line between them was fixed at forty-two degrees north latitude, from the source
of the Arkansas river to the South Sea. By which treaty the United States acquired all
the rights of Spain north of that parallel.
" The rights of the United States to the Columbia river, and to the territory washed
by its waters, rest upon its discovery from the sea, and nomination by a citizen of the
United States ; upon its exploration to the sea by Captains Lewis and Clark ; upon the
settlement of Astoria made under the protection of the United States and restored to them
in 1818; and upon the subsequent acquisition of all rights of Spain, the only European
power who, prior to the discovery of the river, had any pretensions to territorial rights on
the northwest coast of America. The waters of the Columbia extended by the Multnomah
to the fort^'-second degree of latitude, thence descending southward, till its sources almost
intersect those of the Missouri. To the territory thus watered, and immediately contigous
to the original possessions of the United States as first bounded by the Mississippi, they
consider their rights to be now established by all the principles which have ever been
applied to European settlements upon the American hemisphere."
Mr. Adams then adverts to the claim of Russia. The subsequent acquisition of
Alaska by the United States has imparted a vast interest to this letter; yet its bearing on
the history of Oregon is so remote, that omission becomes necessary. Returning to the
British pretensions, he continues: " Until the Nootka Sound contest, Great Britain had
never advanced any claim to territory upon the northwest coast of America by right of
occupation. Under the treaty of 1763, her territorial rights were bounded by the
Mississippi. On the 22d of Jul}^, 1793, Mackenzie reached the shores of the Pacific by
land, from Canada, in latitude fiftj^-two degrees, twenty-one minutes north, longitude
one hundred and twenty-eight degrees, two minutes west of Greenwich.
"It is stated in the fifty-second number of the Quarterly Revieiu, in the article on
Kotzebue's voyage, ' that the whole country, from latitude fifty-six degrees, thirty-nine
minutes to the United States, in latitude forty-eight degrees or thereabouts, is now, and
has long been, in the actual possession of the British North West Company; that this
compau}- have a post on the borders of a river in latitude fifty-four degrees, thirty minutes
north, longitude one hundred and twenty-five degrees west, and in latitude fifty-five degrees,
fifteen minutes north, longitude one hundred and twenty-nine degrees, forty-four minutes
west. By this time (March, 1822), the united company of the North West and Hudson's
Bay have in all probability founded an establishment.'
" It is not imaginable that, in the present condition of the world, any European
nation should entertain the project of settling a colony on the northwest coast of America.
That the United States should form establishments there, with views of absolute territorial
rights and inland communication, is not only to be expected, but is pointed out by the
finger of nature, and has for years been a subject of serious deliberation in Congress. A
plan has been for several sessions before them for establishing a territorial government on
the borders of the Columbia river. It will undoubtedly be resumed at their next session ;
and, even if then again postponed, there cannot be a doubt that, in the course of a very
few years, it must be carried into effect.
" Previous to the restoration of the settlement at the mouth of the Columbia river in
i8i8,and again upon the first introduction in Congress of the plan for constituting a territorial
government there, some disposition was manifested, by Sir Charles Bagot and Mr. Canning,
126 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
to dispute the right of the United States to that establishment ; and some vague intimation
was given of British claims on the northwest coast. The restoration of the place, and the
convention of iSiS, was considered a final disposition of Sir Charles Bagot's objections;
and Mr. Canning declined committing to paper that which he had intimated in convention.
" The discussion of Russian pretensions in the negotiations now proposed necessaril}'
involves the interests of three powers, and renders it manifestly proper that the United
States and Great Britain should come to a mutual understanding, with respect to their
respective possessions, as well as upon their joint views with reference to those of Russia.
" The principles settled by the Nootka Convention of 28th October, 1790, were:
" ist. That the rights of fishing in the South Seas or trading with the natives of the
northwest coast of America, and of making settlements on the coast itself, for the purpose
of that trade, north of the actual settlements of Spain, were common to all the European
nations, and of course to the United States.
" 2d. That as far as the actual settlements of Spain had extended, she possessed the
exclusive rights, territorial, of navigation and fishery, extending to the distance of ten
miles from the coast actually so occupied.
" 3d. That on the coasts of South America and adjacent islands, south of the parts
alreadv occupied b}' Spain, no settlement should thereafter be made either by British or
Spanish subjects ; but on both sides should be retained the libertv of landing and erecting
temporary buildings for the purposes of fishing. These rights were also, of course, enjoyed
by the people of the United States.
" The exclusive rights of Spain to any part of the American continents have ceased.
That portion of the convention, therefore, which recognizes the colonial rights of Spain
on the continents, though confirmed as between Great Britain and Spain, b}- the first
additional article of the treaty of the 5th of July, 1814, has been extinguished b}'^ the
fact of the independence of the South American nations and of Mexico. Those independent
nations will possess the rights incident to that condition; and their territories will, of course,
be subject to no exclusive right of navigation in their vicinity, or of access to them by any
foreign nation."
That great statesman then promulgates the great vital principle, the application of
which must eventually Americanize this continent :
" A necessary consequence of this state of things will be that the American
continents, henceforth, will no longer be subject to colonization. Occupied by civilized,
independent nations, they will be accessible to Europeans, and each other, on that footing
alone ; and the Pacific Ocean, in every part of it, will remain open to the navigation of
all nations ; in like manner will the Atlantic. Incidental to the condition of national
independence and sovereignty, the rights of interior navigation of their rivers will belong
to each of the American nations within its own territories.
"The application of colonial principles of exclusion, therefore, cannot be admitted by
the United States as lawful upon any part of the northwest coast of America, or as
belonging to any European nation. Their own settlements there, when organized as
territorial governments, will be adapted to the freedom of their own institutions, and, as
constituent parts of the Union, be subject to the principles and provisions of the Constitution.
If the British Northwest and Hudson's Ba}- Companies have any posts on the coast, as
suggested in the article of the Quarterly Reviciu above cited, the third article of the '
convention of the 20th of October, 18 18, is applicable to them. Mr. Middleton (envoy
to Russia) is authorized by his instructions to propose an article of similar import, to be
NEGOTIATIONS BETWEEN RUSSIA, GREAT BRITAIN AND UNITED STATES. 127
inserted in a joint convention between the United States, Great Britain and Russia, for a
term of ten years from its signature. You are authorized to jnake the same proposal to
the British government, and, with a view to draw a definite line of demarkation for the
future, to stipulate that no settlement shall hereafter be made on the northwest coast,
or any of the islands thereto adjoining, by Russian subjects south of latitude fift3^-five
degrees, b}- citizens of the United States north of latitude fifty-one degrees, or b}' British
subjects either south of fiftj'-one degrees or north of fifty-five degrees.
" I mention the latitude of fifty-one degrees as the bounds within wdiich we are willing
to limit the future settlement of the United States, because it is not to be doubted that the
Columbia river branches as far north as fifty-one degrees (i), although it is most probabljr
not the Tacouche Tessee of Mackenzie (2). As, however, the line runs already in latitude
forty-nine degrees to the Stony Afountains, sliojild it be earnestly insisted upon by Great
Britain, we will consent to carry it in continuance on the satne parallel to the sea^
The copiousness of the extracts has been deemed essential to a thorough understanding
of the attitude of the United States in the initiation of its diplomatic policy regarding the
territory west of the Rocky Mountains. Those instructions render plain that protracted
diplomatic war. Briefly, but forcibly, is exhibited the claims of the three great powers.
Temperately, firmly, and without arrogance, the title of the United States is maintained.
How unmistakably is the polic}- indicated that should govern. Indeed here is found the
full recital of the American claim. With a proper spirit of concession, dictated only by a
disposition to avoid disturbing friendly relations, the American Secretary consented that,
as the line of forty-nine degrees had become historical east of the Rocky Mountains, it
might be adopted as the continuing boundary, westward to the Pacific Ocean.
" At the proposal of the Russian Imperial government, made through the Minister of
the Emperor residing here, full power and instructions have been transmitted to the
Minister of the United States residing at St. Petersburg, to arrange by amicable
negotiations the respective rights and interests of the two nations on the northwest coast
of this continent. A similar proposal has been made by his Imperial Majesty to the
government of Great Britain, which has likewise been acceded to. The government of the
United States has been desirous, by this friendly proceeding, of manifesting the great value
which they have invariably attached to the friendship of the Emperor, and their solicitude to
cultivate the best uuderstanding with his government. In the discussion to which this
interest has given rise, and in the arrangements by which the}' may terminate, the occasion
has been judged proper for asserting, as a principle in which the rights and interests of
the United States are involved, that the American continents, by the free and independent
condition whicli they have assumed and maintain, are henceforth not to be considered as
siibjects for future colonization by any Eiiropean power. "^
On the ist of April, 1824, Mr. Rush opened negotiations with the British Ministers,
Messrs. Stratford Canning and William Huskisson. Mr. Rush persistently endeavored
to secure what the government had instructed him to obtain. His propositions were
rejected. The British negotiators offered the forty-ninth parallel until its intersection
with the northeasternmost branch of the Columbia river (Clark's Fork), thence follo<ving
said river to the ocean, guaranteeing to the citizens and subjects of both nations the
perpetual right of free navigation of the Columbia river. Mr. Rush rejected the
proposition, and the negotiations terminated.
(i) Recent explorations have determined that the Columbia river, having risen in the Rocky Mountains, flows northerly as high as fifty-two
degrees, ten minutes, when it receives the Canoe river, this latter tributary taking its rise in latitude fifty-three degrees.
(2J The Tacouche Tessee of Sir Alexander Mackenzie has since proven to be the Fraser river.
128 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
On the 17th of April, 1824, Mr. Middleton, Minister to Russia, concluded a treaty at
St. Petersburg, between the United States and Russia, by which fifty-four degrees, forty
minutes north was fixed as the line, north of which the citizens of the United States were
prohibited from making settlements, and south of which no Russian settlement should be
allowed. In February, 1825, Great Britain and Russia entered into a treaty- b\- which the
line of fifty-four degrees, fort}- minutes was fixed as the dividing line between their
respective territorial claims on the Pacific coast. Thus and then was stamped upon the
region the far-famed line of fifty-four degrees, forty minutes. The Oregon Territorj-
hereafter in controversy between Great Britain and the United States may be described as
the region Iving between the Rocky Mountains and the Pacific Ocean, and between forty-
two degrees and fifty-four degrees, forty minutes north latitude.
In 182S an attempt was renewed to secure from Great Britain an adjustment of the
northern boundary of Oregon Territory. Albert Gallatin then represented the United
States at the British Court. Henr)^ Cla}?, Secretary of State (June 19, 1826), thus
instructed him :
"It is not thought necessary to add much to the argument advanced on this point in
the instructions given to Mr. Rush, and that which was employed by him in the course of
the negotiation to support our title as derived from prior discovery and settlement at the
mouth of the Columbia river, and from the treaty which Spain concluded on the 2 2d
of February, 18 19. That argument is believed to have conclusively established our
title on both grounds. Nor is it conceived that Great Britain Jias^ or can viake out^
even a colorless title to any portion of the northern coasts The opinion of that illustrious
statesman as to the effect of the acquisition of the Spanish claim by the Florida Treaty is
expressed in this language : " By the renunciation and transfer contained in the treaty
with Spain of 1819, oicr right extended to the sixtieth degree of latitude.^''
In a later dispatch to Mr. Gallatin (February 24, 1827), Mr. Clay referred to the
British claims as " new and extraordinary', " adding " that they have not yet produced any
conviction in the mind of the President of the validity of the pretensions brought forward,
nor raised any doubts of the strength and validity of our own title." In regard to
the American offer of the forty-ninth parallel, he said: "It is conceived in a genuine
spirit of concession and conciliation, and it is our ultimatnm^ and you may so announce
it." Mr. Gallatin, having advised the State Department of its rejection by the British
negotiators, Mr. Clay instructed him to declare " that the American government does not
hold itself bound hereafter, in consequence of any proposal which it has heretofore made,
to agree to the line which has been so proposed and rejected, but will consider itself at
liberty to contend for the full extent of our just claims; which declaration you
must have recorded in the protocol of one of your conferences ; and to give it more
weight, have it stated that it has been done by the express direction of the President.''''
In this negotiation (1826-7), the British claim was represented by Messrs. Huskisson,
Charles Grant and Henry W. Addington. Mr. Gallatin so powerfully sustained the United
States claim, that the British negotiators ultimately admitted that Gi'eat Britain did not
diSsert any title to the country, but urged that her claivi was good against the United
States ; that it conferred right to occupy the territor}^ in common with other nations ; that
Oregon was free and open territorj- to British subjects under concessions by Spain in the
Nootka Convention. Complaint was made by the British negotiators of the recommendation
by President Monroe in his annual message to Congress, December 7, 1824, to establish
a military post at the mouth of the Columbia river, as also of the passage by the House
MRS. HANNAH J.OLMSTEAD,
WALLA WALLA, W.T.
TREATY OF 1 82 7. 129
of Representatives, December 23, 1824, of the bill "To provide for occupying the Oregon
river." Mr. Gallatin answered, citing the Act of the British Parliament of July 2, 182 1,
" An Act for regulating the fur trade, and establishing a criminal and civil jurisdiction in
certain parts of North America." Whilst by its provisions vast and unrestricted privileges
were conferred upon the Hudson's Bay Company, the company were endowed with all the
powers of government ; nor were American citizens within the territory exempted from
liability to civil and criminal jurisdiction of British courts. He also urged that the
United States possessed no such companies, nor did the power exist to charter
them ; that its only method of protection to its own citizens was through the forms of
a territorial government, which could not do more for American citizens than did the act of
Parliament for those British subjects who might be present in the territory under the
license of trade ; that the said act of Parliament actually clothed the licensed Hudson's
Bay Company with the exclusive occupancy of the territory. He further contended that
a territorial government, established solely with the motive of protecting citizens of the
United States present within the territory, in nowise infringed upon the treaty of 1818;
and that, under the provisions of that treaty, there was not the slightest impropriety in
the United States government erecting forts within the territory for the protection of its
citizens against the native population. These explanations were entirely satisfactory to
the British negotiators ; and no further objections were made.
Mr. Gallatin again offered the fort3--ninth degree, to the Pacific Ocean, with the
further concession that " the navigation of the Columbia river shall be perpetually
free to subjects of Great Britain in common with citizens of the United States, provided
that the said line should strike the uortheasternmost or any other branch of that river at
a point at which it was navigable for boats." This offer was summarily rejected by the
British Ministers, who renewed the offer of 1824, with this addition. " To concede to the
United States the possession of Port Discovery, on the southern coast of de Fuca's
Inlet, and annex thereto all that tract of country comprised within a line drawn from
Cape Flattery along the southern shores of de Fuca's Inlet to Point Wilson, at the
northwestern extremity of Admiralty Inlet ; from thence along the western shore of that
Inlet across Hood's Canal to the point of land forming the northeastern extremity of said
Inlet ; from thence along the eastern shore of that inlet to the southern extremity of the
same ; from thence direct to the southern point of Gray's Harbor ; from thence along
the shore of the Pacific Ocean to Cape Flattery as before mentioned." The British
Plenipotentiaries coupled this offer with a protest against " its being considered as a
prejudice to the claims of Great Britain included in her proposals of 1824; ^i^^ declared
that such offer was not called for by any just comparison of the grounds of those claims
and of the coiinterclaim of the United States, but rather as a sacrifice which the
British Government had consented to make, with a view to obviate all evils of future
indifference in respect to the territory west of the Rocky Mountains." The proposition was
rejected by Mr. Gallatin. Tlie negotiations terminated in the treaty of August 6, 1827.
At the opening of the first session of the twenty-fifth Congress (December, 1S27),
President John Quincy Adams, in his annual message, announced the negotiation of the
treaty of August 6, 1827, which continued in force the treaty of 1818 for an indefinite
period from and after October 25, 1828, at which date the third article of the former treaty
defining the rights of both governments in the Oregon territory would have expired. It
was, however, provided that either government might abrogate the latter convention,
by giving twelve months' notice.
130 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The next chapter reciting the proceedings in Congress in regard to Oregon will be
found to chronicle facts which have occurred anterior to the time to which we have traced
those negotiations. This has been essential to presen-e the integrity and intactness of
diplomatic history, not only because of the intimate connection of events, consequent
upon each other, and entirely independent of such congressional acts, but really because
the treaty of 1827 was a mere enlargement of the term of joint occupancy provided by
the treaty of iSiS. The onl}' change in the s/a/us of parties to each other, to, in or about
the territory, had occurred when the claims of the United States had become augmented
by the assignment of the Spanish title. It was alike essential to an appreciation of
congressional proceedings, thus to have traced the antecedents, extent and territorial
rights, — in short, what constituted the Oregon Territory, about which Congress was
inaugurating legislation.
There can be no doubt that, during the continuance of these two treaties, British
foothold in Oregon was immeasurably strengthened and the difficulty of the adjustment of
boundaries materially enhanced. Nor does this reflect in the slightest degree upon those
great publicists who managed the claim of the United States in those negotiations.
Matchless ability and earnest patriotism, firm defense of the integrity of the United States'
claim, and withal a disposition to compromise to avoid rupture with any other nation,
mark those negotiations in ever}- line. The language and intention of those treaties are
clear and unmistakable. Neither government was to commit any act in derogation of the
other's claim, nor could any advantage inure to either; during their continuance the
territor}- should be free and open to citizens and subjects of both nations. Such is
their plain purport ; such the only construction which their language will warrant.
Yet it cannot be controverted that the United States had thereby precluded itself from
the sole enjoyment of the territory which it claimed in sovereignty ; nor that Great
Britain acquired a peaceable, recognized and uninterrupted tenancj'-in-common in regions
where her title was so imperfect, that she herself admitted she could not successfully
maintain, nor did she even pretend to assert it. She could well afford to wait. Her's was
indeed the polic}' later in the controversy styled masterly inactivity : " Leave the title
in abeyance, the settlement of the country will ultimately settle the sovereignty." In no
event could her colorless title lose color; while an immediate adjustment of the boundary
would have abridged the area of territory in which, through her subjects, she already
exercised exclusive possession, and had secured the entire enjoj-ment of its wealth and
resources. The Hud.son's Bay Company, b}^ virtue of its license of trade excluding all
other British subjects from the territory, was Great Britain's trustee in possession ; — an
empire company, omnipotent to supplant enterprises projected by citizens of the United
States, which had effectually closed the door of the territory td citizens of the United States.
Indeed, the territory had been appropriated by a wealthy, all-powerful monopolj', with
wliom it was ruinous to attempt to compete. Such is a true exhibit of the then
condition of Oregon, produced by causes extrinsic to the treaty, which the United States
government could neither counteract nor avoid. The United States had saved the right
for its citizens to enter the territorj-, had protested likewise that no act nor omission on
the part of the government or its citizens, or any act of commission or omission by the
British government or her subjects during such joiut-occupanc}- treaties, should affect in
any way the United States' claim to the territory.
It is neither expedient nor profitable to inquire whether the Hudson's Ba}- Companj-
had intention to strengthen British claim to Oregon, beyond the natural and laiidable
A
MOTIVES AND RESULTS OF THE JOINT-OCCUPANCY CONVENTIONS. 131
desire of English subjects to covet perpetuation and extension of British grandeur and
power. Certain it is that the company, by its wealth, organized efficiency and absorbing
tendencies, did exclude for many years all other persons from that territory ; did achieve
for the British government a sole occupancy by its subjects ; did afford the basis for the
only lien the British government ever acquired to Oregon Territory or any part of it.
During the continuance of that mere franchise of trade, mere privileges of presence,
amplified into possessory rights of such importance that their divestment became a matter
of vast concern,— a complication in that prolonged controversy. In fact, those joint
occupancy treaties secured to Great Britain all that she desired, — time for the Hudson's
Bay Company to ripen possessory rights into a fee simple in the soil itself.
The treaties of 1818 and 1S27 have passed into history as conventions for joint
occupancy. Practically, they operated as grants of possession to Great Britain, or rather
to her representative, the Hudson's Bay Company, who, after the merger with the North
West Company, had become sole occupant of the territory. The situation may be briefly
summed up : The United States claimed title to the territory. Great Britain, through
its empire-trading company, occupied it, — enjoyed all the wealth and resources derivable
from it.
That no injustice may be done to the memory of those three model American
statesmen, Adams, Clay and Gallatin, under whose auspices those treaties had been
negotiated, three as great minds and devoted patriots as our own or any nation has ever
produced, whose sole end and aim were the grandeur and progress of their country and its
institutions, this chapter is concluded with the explanation of the motives prompting, and
the results accompanied by, those joint-occupancy conventions, by John Ouincy Adams,
who, as Secretary of State, was connected with the treaty of iSiS, and, as Chief Magistrate
of the Union, had assented to the treaty of 1827.
In the memorable debate in the National House of Representatives (session 1845-6)
on the Oregon question, the venerable John Quincy Adams, on the 9th of February, 1846,
in his demonstration of the validity of the title of the United States up to fifty-four degrees,
forty-minutes, and his masterly exposition of the fallacy and audacity of British claim to
any portion of the territory on the Pacific coast, thus construes the third article of the
treaty of 1818, made pursuant to instructions given by him as Secretary of State, and
continued in force b}' the convention of 1827, while he was President:
" There is a very great misapprehension of the real merits of this case, founded on
the iiiisnomer vi\v\c\i declares that convention to be a convention oi joint occupation. Sir,
it is not a convention of joint occupation. It is a convention of non-occupation, — a promise
on the part of both parties that neither of the parties will occupy the territory, for an
indefinite period: first, for ten years; then until the notice should be given by the one
party or the other that the convention shall be terminated ; that is to say, that the
restriction, the fetters upon our hands, shall be thrown off which prevents occupation."
:;: * :;■■ -i: * =i= *
" There is no occupation now. Occupation is the thing we want. Occupation is what I am
putting an end to that convention for, becau.se it says that we shall not occupy that
territory. The gentlemen from Georgia (Hon. T. Butler King), in his personal remarks
to me, has thought proper to call on me to say why, in 1818, and again in 1827, I was
willing to agree to this convention with Great Britain, while I now pretend to say that we
have a right to the whole of Oregon. Why, I will tell the gentleman and this house."
132 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Mr. King (Mr. Adams j-ielding the floor) explained that he had asked the gentleman
why he had not entered a protest against the claim asserted by Great Britain, if he believed
that he had the right to the whole territor}'.
Mr. Adams (continning), " I will endeavor to answer the gentleman according to his
own idea, why I did not answer a protest. In the first instance, it was in a subordinate
capacity that I acted as Secretary of State, under a most excellent man, whose memory I
shall alwa3's retain with veneration, James Monroe, the President of the United States.
And in the second place, when I held the ofl&ce of President of the United States, / did
fnakc (he protest in the convention itself. If the gentleman will read the convention, he
will see a formal protest against the claim of Great Britain. The third article of the
convention of 1818 is as follows :
" ' It is agreed that an}- country that may be claimed b}- either party on the northwest
coast of America westward of the Stony Mountains shall, together with its harbors, baj's
and creeks, and the navigation of all rivers within the same, be free and open for the
term of ten years from the date of the signature of the present convention, to the vessels,
citizens and subjects of both powers. It being well understood that this agreement is
not to be construed to the prejudice of any claim which either of the two high contracting
parties may have to any part of the said country; nor shall it be taken to affect the
claim of an}- power or state to any part of said country ; the only object of the high
contracting parties in that respect being to prevent disputes and differences.'
" Is that joint occupation or separate occupation ? No such thing. It is nou-occupation.
The territor}' is to be free and open to all the world, to the vessels, citizens and subjects ot
the two powers for ten years ; and this convention is expressly declared not to affect an}^
claim of either of the two high contracting parties. Now please to observe this, for I
mean to draw an argument from the wording here : ' nor shall it be taken to affect the
claims of any other power,' * '=' 'the onl}- object.' Now, I give my answer to the
gentleman from Georgia, being to prevent disputes and differences among the contracting
parties. That is the object, and that being the only object, and the article itself being
confined to ten years, is there not a decided intimation that at the end of ten years
differences would come again ? Is there not a sufficiently clear protest against auv
claims Great Britain may have ? And not onl^- so, but a reservation of the rights of an}-
other party ? Who was that other party? Spain was; and that is a very clear and explicit
admission that Spain had a right to that country, which was not to be affected. Well,
this was in 1818. Now this convention was stipulated for ten years; and I desire this
committee to observe this very expression, showing that both parties understood that this
question as to their respective claims was not to be settled during the course. of that ten
years ; but, at the expiration of that term, that they would come up again. It was
equivalent to a full, plain claim to the whole territory, just as our Secretary is making it
now ; but it was said that both parties, not choosing to settle their dififerenqes, agreed, for
ten years, that the country, with its harbors, bays, creeks and rivers, shall be open to the
navigation of both parties, without either party claiming exclusive jurisdiction during
that time. That was all.
"Now I come to the second convention of 1S27. The first convention was for ten
years ; and I say it was not intended by the parties to be permanent. But there was a
claim in arrears, which we were afterwards, as time should serve, and as circumstances
should authorize, to assert and maintain. In the convention of 1827, please to observe the
variation of the phra.se of the article." (Here Mr. Adams stopped that day; but on the
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MOTIVES AND RESULTS OF THE JOINT-OCCUPANCY CONVENTIONS. 133
13th of April, 1846, having again the floor, he thus adverted to the convention of 1827):
" What I wanted to show, when upon the floor of the House before, was the variation of
expression between the convention of 1818, and that of 1827, i" neither of which the
word 'settlements' was used." (Mr. Adams then referred to the Nootka Sound Convention
and the discussion upon it in the negotiations in 1818, and thus continued): '' Well, sir,
I make no question whatsoever, whether the treaty of Nootka Sound was abolished by
war or not. I say that if Great Britain was entitled to make settlements by the treaty
of Nootka Sound, in 1790, she has forfeited and aba'ndoned that right by the omission
of the word in the conventions of 1S18 and 1827. ^^^ 1818, the convention was made
between us and Great Britain. Great Britain claimed at that time the privileges of the
Nootka Sound Convention ; but she did not choose to claim the right to make settlements
for the limited term of ten years. That convention itself excluded it ; it left out that
word ' settletnents^^ copying the Nootka Sound Convention in all other respects, leaving
the country open to navigation, commerce and trade with the savages. Why, sir, did
they leave out the word ' settlements '? There was no reason assigned for leaving it out ;
but, if it had been included, we should have had the right of settlement as well as they.
They forfeited it. They renounced it by omitting the word 'settlements' in the convention
of 1818; and it continues to be omitted to this day. In 1827, when the convention came
to be renewed, an indefinite time was assigned instead of ten 3'ears ; and then again the
reservation of rights of any third poiuer was omitted^ clearly because ive had acquired all
the rights of the third power whose rights were reserved before ; and the word ' settlements'
continued to be omitted. Great Britain having ?io rights under that convention to make any
settlement luhatever.''^ [Congressional Globe ^ vol. 15, twenty-ninth Congress, first session,
pages 340, 341 and 664.)
I
Chapter XVIII.
(1820-1829.)
Proceedings in Congress Relative to Sole Occupancy of Oregon, and Extension
Over It of Federal Jurisdiction — Efforts to Establish a Territorial Government.
IN THE winter of 1S20-1, Ramsa}' Crooks of New York and Russell Farnham of
Massachusetts, two of the party sent by John Jacob Astor to establish Astoria, visited
Washington city. Dr. John Floyd, a Representative in Congress, of Virginia, and
Thomas H. Benton, a Senator-elect for the State of Missouri (then apph'ing for admission
into the Union), occupied rooms at the same hotel. From Messrs. Crooks and Farnham,
Messrs. Flo3'd and Benton became advised of the value of Oregon, the statistics of its fur
trade, its features of general interest, its importance to the nation in a commercial and
military view ; as also the thorough manner in which the great British fur companies
had secured occupancy of the territory, and were controlling its native population, and
enjoying the exclusive profits of the fur trade and Indian trade west of the Rocky
Mountains. On the 19th of December, 1820, Mr. Floyd, in the House of Representatives
of the United States, moved the appointment of a committee "to inquire into the situation
of the settlement upon the Pacific Ocean, and the expediency of occupying the Columbia
river;" which, having been adopted, Messrs. Floyd, Metcalf of Kentucky, and Swearingen
of Virginia, were appointed. On the 25th of Januar}', 182 1, the committee reported a
bill " to authorize the occupation of the Columbia river, and to regulate trade and
intercourse with the Indian tribes therein." A lengthy report accompanied, vindicating
the United States' title, and urging the acquisition of possession, in order to secure the
advantages of the fur and East Indian trades. The bill was placed upon the calendar,
but failed to be reached during that session.
Earl}' next session (December 17, 1822), the House resolved itself into Committee of
the Whole upon said bill. Mr. Floyd opened the discussion in a speech supported by
statistics, showing the value of the fur trade west of the Rocky Mountains, as also the
East Indian trade, which he maintained should be diverted to the United States. Said
he; " This is the trade I would turn to Oregon, and from the mouth of that river make
the shipments, and return with the rich exchange to our Atlantic cities, and save much of
the silver and gold which is now sinking in Asia." Said he: "Now, Mr. Chairman, we
cannot be mistaken when we apply the same calculation to the route to the mouth of the
Oregon, as steamboat navigation we all know to be safe and sure ; wherefore, it will take
a steamboat twenty-four days to arrive at the falls of the Missouri ; thence I allow a wagon
fourteen days to travel two hundred miles to tlie mouth of Clark's river; thence seven
days to the mouth of the Oregon, — making the time necessary for that trip forty-four
days." On the next day, Mr. Wright, of Maryland, advocated the bill. Having defended
the United States' title, he adverted to the value of the fur trade, and portrayed the
advantages to the American whale fisheries, by the establishment of an American
( 134 )
PROCEEDINGS RELATIVE TO SOLE OCCUPANCY OF OREGON. 135
settlement at the mouth of the Columbia river. Mr. Baylies, of Massachusetts, followed,
demonstrating the importance of a post in our Pacific possessions for the benefit of our
commerce and whale fisheries, alluding to the valuable timber which must ultimately
become a source of profit and wealth, and to the growing importance of the Northwest
trade. He replied to the fears expressed, that because Oregon was so remote the tie would
be weak that bound her to the nation. His eloquent peroration, then prophecy, now histor}',
glowingly pictured our common country, its past development, its future expansion,
its westward tendency. '' A population of scarcely six hundred thousand swelled into
ten millions ; a population which in their youth extended scarcely an hundred miles from
the Atlantic Ocean, spreading bej^ond the mountains of the west, and sweeping down those
niightj- waters which open into regions of such matchless fertility aud beauty. Some now
within these walls maj-, before they die, witness scenes more wonderful than these ; and
in after times maj' cherish delightful recollections of this day, when America, shrinking
' from the shadows of coming events,' first placed her foot upon untrodden ground, scarcely
daring to anticipate the grandeur which awaited her. Let us march boldly on to the
accomplishment of this important, this useful and this splendid object; and, my word for
it, no one who gives his vote for this bill will repent. On the contrary, he may consider
it one of the proudest acts of his life."
Mr. Tucker, of South Carolina, opposed the bill, " because it was calculated to draw
off the population and capital to a point where they will be less efficient and useful than
at present, where they must be eventually lost to the States." While he considered that
the progress of population to the west was inevitable, he had no wish to accelerate it,
because, in the nature of things, the people of the east and west sides of the Rocky
Mountains must have a permanent separation of interests.
On the 27th of January, 1823, M'"- Floyd moved to take up the bill, on which Mr.
Chambers, of Ohio, called the yeas and nays ; and, by a vote of sixty-one ayes, one
hundred noes, the bill received its quietus for that session. In the Senate, February, 1823,
Mr. Benton introduced a resolution " instructing the committee on military affairs to
inquire into the expediency of making an appropriation to enable the President of the
United States to take and retain possession of the territories of the United States on the
northwest coast of America." On the 17th, the resolution was modified with Mr. Benton's
consent, substituting a reference to the Committee on Foreign Relations, on which occasion
Mr. Benton made the first speech in the Senate in advocacy of the United States
immediately asserting its claim to Oregon. He affirmed the following propositions :
" I. That our claim of sovereignty is disputed by England; 2. That England is now the
party in possession ; 3. That she resists the possession of the United States ; 4. That
the part}' in possession in 182S will have the right of possession, under the law of nations,
until the question of sovereignty shall be settled by war or negotiation." He thus
concluded : " That it was now apparent that the Republic, partly through its remissness,
partly from the concessions of our Ministers in London, but chiefly from the bold
pretensions of England, is in imminent danger of losing all its territory beyond the Rock}'
Mountains. The evils of such a loss to us, and the advantages of such an acquisition to
her, are too obvious to be here insisted upon. Every one can see that the mouth of the
Columbia in the hands of England would immediately be converted into a grand naval
station for the protection of her trade and navigation in the Pacific Ocean, and for the
destruction of the commerce of all other powers. Not an American ship will be able to
show herself beyond Cape Horn, but with the permission of the English. The direct
18G HISTORY OK PACIFIC NORTHWEST — OREGON AND WASHINGTON.
intercourse between the valley of tlie Mississippi and Asia would be intercepted. The fur
trade of the Rocky Mountains would fall into the hands of British subjects, and with it
the entire command of all the Indians west and north, to be turned loose upon the frontiers
of Missouri and Arkansas and Illinois and Michigan, upon the first renewal of hostilities
between the United States and Great Britain."
The resolution was adopted, but no report emanated from the committee. At the first
session of the eighteenth Congress (December 29, 1823), a committee was appointed by the
House of Representatives (Mr. Floyd, chairman), to inquire into the expedienc}^ of
occupying the mouth of the Columbia river. The committee's report, April 15, 1824,
embodied a letter of General Thomas S. Jesup, Quartermaster-General, United States
Arm}', on the difficulties of establishing a military post at the mouth of the Columbia
river. That experienced veteran asserted, that the possession and military command of the
territory and Columbia river were necessary, not onl}' for the protection of trade, but to
the security of our western frontier. He recommended " the immediate dispatch of a force
of two hundred men across the continent, to establish a fort at the mouth of the Columbia
river; that, at the same time, two vessels, with arms, ordnance and supplies, be sent thither
by sea. He further proposed the establishment of a line of posts across the continent to
afford protection to our traders ; and, on the expiration of the privilege granted to British
subjects to trade on the waters of the Columbia, to enable us to remove them from our
territor}-, and secure the whole to our citizens. Those posts would also assure the
preservation of peace among the Indians in the event of a foreign war, and command their
neutrality or assistance as we might think most advisable."
Suggestions from such a source invoking immediate congressional action in regard to
Oregon would seem to have merited attention. Congress was, however, unwilling to assert
exclusive right to the territory; and it is ver}- questionable whether it was sound polic}- to
herald views, demonstrating the importance to the United States of extending their
possessions westward to the Pacific Ocean ; the militar}- necessity of the exclusive control
of the mouth of the Columbia, as the key to the vast region, and the varied advantages to
accrue from the sole occupancy of the countr}-. It was alleged that the publication of this
able document furnished a strong incentive to Great Britain to labor more assiduousl}- to
retain the advantages of that occupanc}^ which had accrued to her subjects b}' the treaty
of 1818.
Following the appearance of those views, there was a growing interest in the territory
west of the Rock}- IMountains ; there was an increased appreciation of the value of Oregon
to the United States; the national duty of asserting exclusive right to the territory was
commending itself to popular favor. The letter of General Jesup exposed the motives of
Great Britain for dela}'. It openly advocated the adoption of such an American policy as
would serve as a counterpoi.se to the accretion of title and benefits to Great Britain from
her more extensive and methodic occupancy of the country. In short, its theory was that
llie United States government should embrace the opportunity to secure advantage under
the treaty of 1818, and "mature acts" preserving and perfecting its own title. The
avowed .sentiment of the Monroe Administration justified the belief, that, upon the
termination of the convention of 1S18, measures would be resorted to, tending to exclusive
American occupancy. Hence this indication that Oregon was growing into American
notice, coupled with the recommendation by an officer of high rank and acknowledged
experience, that the territory should be occupied for military purposes, did stimulate
British covetousness, did tend to magnify pretension into claim, did prove an obstacle to
adjustment, did prolong the controvers}'.
I
1 policy t
JAMES S.DAVIS,
WHITMAN CO.,W. T.
PROCEEDINGS RELATIVE TO EXTENSION OF FEDERAL JURISDICTION. 137
At this late daj' it seems proper to commend such views, and their proclamation
inviting governmental attention. It is now clear that the only practical method to have
checked British pretensions, fast being transformed from mere denial of exclusive
right in the United States into avowal of exclusive British title, was the action
and voice of Congress strengthening the hands of the Executive, which, as boldlj^
as General Jesup and the Select Committee, had asserted its readiness to maintain
American supremacy in Oregon. History will generously award credit to the sagacious
Jesup for indicating, in 1823, the unerring way to preserve the American title to
Oregon Territory. Nor will it fail to commend the earnest devotion of that little Oregon
part}- in Congress for placing on record wh}- the government should immediately assert
exclusive jurisdiction within its own territory.
At the opening of the next session of Congress (December, 1824), President Monroe,
in his annual message, thus invited the attention of Congress to Oregon : " In looking to
the interests which the United States have on the Pacific Ocean, and on the western coast
of this continent, the propriety of establishing a military post at the mouth of tlie
Columbia river, or at some other point in that quarter within our acknowledged limits, is
submitted to Congress. Our commerce and fisheries on that sea and along the coast have
much increased, and are increasing. It is thought that a militar}- post, to which our
ships-of-war might resort, would afford protection to ever\' interest, and have a tendenc}- to
conciliate the tribes of the Northwest, with whom our trade is extensive. It is thought
that, by the establishment of such a post, the intercourse between our western states and
territories and the Pacific, and our trade with the tribes in the interior on each side of the
Rocky Mountains, would be essentially promoted. To carry this object into effect, the
appropriation of an adequate sum to authorize the emploj'ment of a frigate, with an
officer of the corps of engineers, to explore the mouth of the Columbia river and the coast
contiguous thereto, to be enabled to make such an establishment at the most suitable point,
is recommended to Congress."
December 20, 1824, on motion of Mr. Floyd, the House resolved itself into Committee
of the Whole, to consider the bill " for the occupation of the Columbia river." The speech
of Mr. Floyd was a masterly vindication of American title to Oregon, — an able exhibit of
its political, commercial and military importance to the United States. Mr. Poinsett, of
South Carolina, thought the point for location should be left to the President, and
submitted an amendment to that effect. Mr. Cook, of Illinois, moved the recommitment
of the bill to the committee to whom the above portion of the President's message had
been referred. This motion was opposed b}' Mr. Trimble of Kentucky, and lost b;^ a
decisive vote. Mr. Buchanan moved to strike out the section providing for the
establishment of a port of entry, and extending the revenue laws over the territory, on the
ground that it was an infringement of the convention of 18 18. Mr. Gazlay, of Ohio,
contended that the location of a port of entry could onl}- involve the collection of duties
from other foreign powers ; that the treaty of 1818 would secure the admission of goods of
British subjects free of duty. To all objections, Mr. Flo3'd, in explanation, referred to the
provisions of the bill, which proposed to confer such powers only upon the President,
when he might deem that the public good should require it. Mr. Taylor, of New York,
desired the bill so amended as to conform to the President's plan of establishing a military
post, but opposed any act looking to the formation of a territorial government. This
could be accomplished by striking out all that authorized the appointment of governor,
judges and other officers ; and he made a motion to that effect. Mr. Smythe, of Virginia,
138 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
moved a further amendment by striking out the proposed name of the territor}', and
describe it as " the territory of the United States on the northwest coast of America." Mr.
Taylor's amendment having been adopted, Mr. Floyd replied to his colleague (Mr.
Sm3-the), when the latter modified his motion so as to strike out the section making
grants of land to actual settlers. On the 23rd of December, the consideration of the bill
was resumed ; and on that day it passed b}- a triumphant vote of one hundred and thirteen
to fift3--seven. The title of the bill was amended to read " to provide for occup3-ing the
Oregon river."
On the 25th of Februar}-, 1S25, the Senate took up the bill " to provide for occupying
the Columbia river." Mr. Benton moved an amendment, providing for an additional
pavniaster. The bill was then laid on the table. The next da}- the Senate resumed its
consideration ; and Mr. Barbour, of Virginia, ably urged its passage. Mr. Dickerson, of
New Jersey, contended that it was a violation of the treat}' of joint occupancy-, which
would not expire till 1828, until which time it would be highly improper to take
possession of the territory b}' military force or establish therein a port of entry, or, indeed,
to exercise any act of possession or occupation which we did not exercise in 181S, at the
period of making the treaty. Mr. Dickerson moved to lay the bill upon the table, which
prevailed by a vote of nineteen to seventeen. On the ist of March, Mr. Hayne, of South
Carolina, moved to take up the bill to afford Mr. Benton the opportunity to reply to Mr.
Dickerson, agreeing that the bill should be postponed after Mr. Benton should conclude.
Mr. Chandler, of Maine, opposed taking time to discuss a bill that there was no intention
to pass. Mr. Hayne's motion, however, prevailed, and Mr. Benton made an exhaustive
speech. In his "thirty-years' view," he thus sums up that unanswerable plea in behalf of
the American Oregon :
" I do not argue the question of title on behalf of the United States, but onl}' state it
as founded upon : ist. Discovery of the Columbia river bj- Captain Gra}- in 1792 ; 2nd.
Purchase of Louisiana in 1803 ; 3rd. Discovery of the Columbia river, from its head to
its mouth, by Lewis and Clark in 1S05 ; 4th. Settlement of Astoria ; 5th. Treaty with
Spain in 1819; 6th. Contiguity' and continuit}' of settlement and possession. Nor do I
argue the question of the advantage of retaining the Columbia, and refusing to divide or
alienate our territory upon it. I merely state them and leave their value to result from
their enumeration: ist. To keep out a foreign power; 2nd. To gain a seaport with a
military and naval station on the coast of the Pacific ; 3rd. To save the fur trade in that
region, and prevent our Indians from being tampered with by British traders ; 4th. To
op'en a communication for commercial purposes between the Mississippi and the Pacific ;
5th. To send the lights of science and religion into Eastern Asia."
Mr. Benton having concluded, the bill went to the table by the decisive vote of
twentjf-five ayes, fourteen noes.
President John Quincy Adams, in his first annual message to Congress (December,
1825), thus adverts to the northwest coast :
" Our coasts along many degrees of latitude upon the shores of the Pacific Ocean,
though much frequented by our spirited commercial navigators, have rarely been visited
by our public ships. The river of the \\' est, first fully discovered and navigated by a
countryman of our own, still bears the name of the ship in which he ascended its waters,
and claims the protection of our national flag at its mouth. With the establishment of a
military post there, or at some other point of that coast, recommended by my predecessor.
EFFORTS TO ESTABLISH A TERRITORIAL GOVERNMENT. 139
and already matured in the deliberation of the last Congress, I would suggest the
expedienc}- of a public ship for the exploration of the whole of the northwest continent."
On the i6th of December, 1S25, the House passed a resolution introduced by Mr.
Baylies, requesting the Secretary of the Navy to inform the House whether the
sloop-of-war Boston might not be employed in exploring the northwest coast of America,
its rivers and inlets, between the parallels of forty-two and forty-nine degrees north,
without detriment to the naval service." On January 16, 1826, Mr. Baylies, chairman
of the Select Committee, to whom had been referred the subject of establishing a military
post at the mouth of the Columbia river, submitted an elaborate report in advocacy of
immediate measures to secure the occupation of Oregon. On the 15th of May, he made
a supplemental report from the same committee. No further action was taken by
Congress during the session.
President John Quincy Adams, in his annual message, December 4, 1827, referring
to the treaty of 1818, which had effected a temporary compromise of the respective claims
to the territory westward of the Rock}- Mountains, and which would expire by its own
limitation October 20, 1828, advised Congress that, by the treaty of August, 1827, the
joint-occupanc}' arrangement had been continued for an indefinite period, leaving each
party the right to abrogate the same upon twelve months' notice.
During that session, Hall J. Kelly, of Massachusetts, representing an association of
citizens who proposed emigration to Oregon, presented a petition to the House of
Representatives, praying for a grant of lands and other protective legislation. John M.
Bradford, of New Orleans, was the head of a similar association, composed of citizens of
Louisiana. Albert Town and his associates, citizens of Ohio, constituted a similar
organization. The people of the United States were beginning to agitate the occupancy
of Oregon ; and ably their representatives invoked the attention of Congress to those
petitions. Those memorials and their subject-matters were referred to the Select Committee
on Oregon Territory, of which ]Mr. Floyd was chairman. He reported a bill providing
for military occupation of the territory, the extinguishment of the Indian title to the
lands, the granting lands to actual settlers, and providing an appropriation for the
exploration of the territory.
The bill was reached December 13, 1828, and occupied the House until the 9th of
January, 1829. ^" *^'i^t ^^^ debate, among the most zealous advocates of its passage,
the record bears the names of Floyd of Virginia, Edward Everett of Massachusetts,
Cambreleng of New York, Drayton of South Carolina, Richardson and Gurley of
Louisiana. Of its equally zealous opponents, the chronicle is not less brilliant,
embracing the names of Edward Bates of Missouri, Gorham of Massachusetts, Taylor
of New York, Polk (afterwards President) and Mitchell of Tennessee. All concurred in
the justice and validity of the claims of the LTnited States; but the contention of the
opponents of the bill was that its passage would be an infringement of the recently
renewed Joint-Occupancy Treaty, and would endanger the peaceable relations of the two
nations. Others suggested that reports regarding the territory were conflicting, and
definite action should not be taken until explorations had furnished necessary reliable
information. On the 9th of January, the Committee of the Whole were discharged from
further consideration of the bill, and the House refused to order it to a third reading by a
vote of ninety-nine to seventy-five. For a number of years, efforts in Congress to assert
sole jurisdiction over Oregon Territory were not resumed.
Chapter XIX.
(1831-1844.)
Negotiations Resinned Between Great Britain and the United States — Kesnme of
Status of Claimants — Presidential Election, 1844.
DURING the administration of President Jackson, Edward Livingston, Secretary of
State, in his instructions (August 31, 1S31), to IMartin Van Buren, Minister to
London, revives the question of settlement of the Oregon boundar}-. Their tone indicates
that the United States government was not averse to the occupancy of territor}' bj^
British subjects, in common with American citizens. The assertion of claim is not
accompanied with arrogance ; but confidence in the title of the United States to the ivliole
territory- is strongly marked. After referring to the convention of 1827, which by its
language is, " to give time to mature measures which shall have for their object a more
definite settlement of the claims of each party," Mr. Livingston proceeds : "This subject,
then, is open for discussion; and, until the rights of the parties can be settled by
negotiation, ours can suffer nothing b}' delay." Masterly inactivity thus admitted to be
the policy of the national government, nothing was accomplished under those instructions.
The next efforts to adjust the Oregon boundar}' were during the administration of
President Tj'ler. The request came from Great Britain. Lord Aberdeen, on the iSth of
October, 1842, addressed instructions to Henry S. Fox, British Minister at Washington,
to invite the American Secretary of State " to move the President to furnish the United
States Minister at the Court of London with such instructions as will enable him to enter
upon the negotiation of this matter with such person as may be appointed hy her IMajest}'
for that object ; and you will assure him that we are prepared to proceed to the consideration
of it in a perfect spirit of fairness, and to adjust it on a basis of equitable compromise."
Those instructions were communicated to the State Department on the 15th of
November, 1842. Daniel Webster, Secretary, answered on the 25th, "that the President
concurred entirely in the expediency of making the question respecting the Oregon
Territory- a subject of immediate attention and negotiation between the two governments.
He had already formed the purpose of expressing this opinion in his message to Congress,
and, at no distant day, a communication will be made to the Minister of the United States
in London."
This suspended for the time formal negotiations. Mr. Webster resigned as Secretary
of State July 24, 1S43, and was succeeded by Abel P. Upshur, who, October 9, 1843,
addressed instructions to Edward Everett, American Minister at London. With the desire
of compromise which actuated all his predecessors, Secretarj^ LTpshur said :
" The offer of the forty-ninth parallel of latitude, although it has once been rejected,
may be again tendered, together with the right of navigating the Columbia river upon
equitable terms. Bej'ond this, the President is not prepared to go. Nevertheless, 3'ou
( 140 )
J
■"■^-?^f^'--!i^?«i**^^^fe -'^-fef-l'*
HON.H.L.YESLER,
SEATTLE.W.T.
I
NEGOTIATIONS RESUMED BETWEEN GREAT BRITAIN AND UNITED STATES. 141
may propose or receive, subject to the approval of this government, an}^ other terms of
compromise which, in the progress of your discussions, may appear to promise satisfactory
adjustment of this important question."
In February, 1844, Hon. Richard Pakenham, British Plenipotentiary, arrived in
Washington with instructions to negotiate relative to the boundaries of the Oregon or
Columbia Territory. On the 24th, he addressed a note to Secretary Upshur; their first
conference took place on the 27th. On the next day, of gloomy memory, the explosion
of the Paixhan gun on the United States steamer Princeton^ caused the instant death of
Secretary Upshur.
On the 6th of March, 1844, John C. Calhoirn succeeded Secretary Upshur.
Negotiations were resumed July 2 2d. Mr. Pakenham invited Mr. Calhoun's attention to
the condition of the Oregon negotiation, so abruptly terminated by the death of his
predecessor. Mr. Pakenham renewed the former British offer of the Columbia river
boundary, with the addition, " to make free to the United States any port or ports which
the United States might desire either on the mainland or on Vancouver Island, south of
latitude forty-nine degrees."
This offer Mr. Calhoun declined September 3, 1844, " on the ground that it would
have the effect of restricting the possessions of the United States to limits far more
circumscribed than their claims clearly entitle them." x\fter demonstrating the validity
of claim in our own proper right to the region drained by the Columbia by priority
of discovery, priority of exploration and prioritj' of settlement, he adds: "To these we
have added the claims of France and Spain. The former was obtained by the Treaty of
Louisiana, ratified in 1803, and the latter by the Treaty of Florida, ratified in 18 19.
By the former, we acquired all the rights which France had to Louisiana, ' to the extent
it now has ( /8oj ) in the hands of Spain ^ and that it had when France possessed it, and such
as it should be after the treaties subsequently entered into by Spain and other states.'' By
the latter, his Catholic Majesty ' ceded to the United States all his rights.^ claims and
pretensions ' to the country lying west of the Rocky Mountains, and north of a line drawn
on the forty-second parallel of latitude, from a point on the south bank of the Arkansas,
in that parallel to the South Sea, that is, to the whole region claimed by Spain west of
those mountains, and north of that line.
"The cession of Louisiana gave us undisputed title west of the Mississippi, extending
to the summit of the Rocky Mountains, and stretching south between that river and those
mountains to the possessions of Spain, the line between which and ours was afterwards
determined by the Treaty of Florida. It also added much to the strength of our title to
the region bej'ond the Rocky Mountains, by restoring to us the important link of
continuing westward to the Pacific, which had been surrendered by the treaty of 1763, as
will hereafter be shown.
"That continuity furnishes a just ground for a claim of territory, in connection with
those of discovery and occupation, would seem unquestionable. It is admitted by all that
neither of them is limited by the precise spot discovered or occupied. It is evident that,
in order to make either available, it must extend at least some distance beyond that
actually discovered or occupied ; but how far, as an exact question, is a matter of
uncertaint}-. It is subject in each case to be influenced by a variety of circumstances. In
the case of an island, it has been usually maintained in practice to extend the claim of
discovery or occupation to the whole ; so, likewise, in the case of a river, it has been usual
to extend them to the entire region drained by it, more especially in cases of a discovery
142 HISTORY OF PACIFIC NORTHWEST — OREGON' AND' WASHINGTON.
and settlement at the mouth, and eniphaticall}^ so when accompanied by exploration of the
river and region through which it flows. Such, it is believed, may be affirmed to be the
opinion and practice in such cases since the discovery of this continent. How far the
claim of continuitj^ may extend in other cases is less perfectly defined, and can be settled
only b}' reference to circumstances attending each. When this continent was first
discovered, Spain claimed the whole b}' virtue of a grant of the Pope ; but a claim so
extravagant and unrea.sonable was not acquiesced in b}' other countries, and could not long
be maintained. Other nations, especially England and France, at an early period
contested her claim. The}- fitted out voyages of discovery, and made settlements on the
eastern coast of North America. They claimed for their settlements, usually, specific
limits along the coasts or bays on which they were formed, and generally a region of
corresponding width across the entire continent to the Pacific Ocean. Such icas the
character of the limits assigned by England in the charters which she granted her former
colonies^ now the United States^ when there was no special reason for varying from it.
" How strong she regarded her claim conveyed b}' these charters, and extending
westward of her settlements, the war between her and France, which was terminated by
the Treaty of Paris, in 1763, furnishes a striking illustration. That great contest, which
ended so gloriously for England, and effected so great and durable a change on this
continent, commenced in a conflict between her claims and those of France, resting on her\
side on this z'cry right of continuity, extending wcsttcard from her settlements to the Pacific
Ocean, and on the part of France on the same right, but extending to the region drained
by the Mississippi and its waters, on the ground of settlement and exploration. Their
respective claims which led to the war first clashed on the Ohio river, the waters of which
the colonial charters in their westward extension covered, but which France had been
unquestionably the first to settle and explore. If the relative strength of these different
claims may be tested by the result of that remarkable contest, that of continuity westward
must be pronounced to be the stronger of the two. England has had at least the advantage
of the result, and luould seem to be foreclosed against cojitcsting the principle as against us,
who contributed so much to that result, and on 'whom that contest and her example and
pretensions, from the first settlement of our country, have contributed to impress it so
deeply and indelibly.
"By the treaty of 1763, which terminated that memorable and eventful struggle,
yielded, as has been stated, the claims and all the chartered rights of the colonies bej'ond
the Mississippi. The seventh article establishes that river as the permanent boundary
between the possessions of Great Britain and France on this continent. So much as
relates to the subject is in the following words: ' The confines betzveen the dominions of
his Britannic Majesty and that part of the zuorld [the continent of America) shall be fixed
irrevocably by a line drazvn along the middle of the river Mississippi from its source to the
river Iberville ; and from thence by a line drazvn along the middle of this rizrr and the
Lakes Maurepas and Pontchartrain to the sea, etc'
"This important stipulation, which thus establishes the Mississippi as the line 'fixed
irrevocably ' between the dominions of the two countries on this continent, in effect
extinguishes, in favor of France, whatever claims Great Britain ma}' have had to the
region lying west of the Mississippi. It of course could not aftect the rights of Spain,
the only other nation which had any pretense of claim west of that river; but it prevented
the right of continuity, previously claimed by Great Britain, from extending beyond it, and
transferred it to France. The Treaty of Louisiana restored and vested in the United
CONTINUANCE OF NEGOTIATIONS. 143
States all the claims acquired by France, and surrendered by Great Britain under the
provisions of that treaty, to the country west of the Mississippi, and amo7ig others the
one in question. Certain it is that France had the same right of continuity, in virtue of
her possession of Louisiana, and the extinguishment of the right of England by the
treaty of 1763, to the whole countr}- west of the Rocky IMountains, and lying west of
Louisiana, as against Spain, which England had to the country westward of the Alleghany
Mountains, as against France, with this difference, that Spain had nothing to oppose to
the claim of France at the time but the right of discovery, and even that England has
since denied ; while France had opposed to the right of England, in her case, that of
discovery, exploration and settlement. It is, therefore, not at all surprising that France
should claim the country west of the Rocky Mountains (as may be inferred from maps)
on the same principle that Great Britain had claimed and dispossessed her of the region
west of the Alleghanies ; or that the United States, as soon as they had acquired the right
of France, should assert the same claim, and take measures immediately after to explore
it, with a view to occupation and settlement. But since then we have strengthened our
title by adding to our own proper claims and those of France the claims also of Spain, by
the Treaty of Florida, as has been stated."
Mr. Calhoun proceeds to notice Spanish discoveries and their extent, contrasting
them with cited English voyages, adding " that they (the Spanish navigators named)
discovered and explored not only the entire coast of what is now called the Oregon
Territory, but still further north, are facts too well established to be controverted at this
day. But," says Mr. Calhoun, " it has been objected that we claim under various and
conflicting titles, which mutually destroy each other. Such might indeed be the fact
while they are held by different parties ; but since we have rightly acquired both those of
Spain and France, and concentrated the whole in our hands, they mutually blend with
each other and form one strong and connected chain of title against the opposing claims
of all others, including Great Britain."
This able and lucid state paper then dwells at length on the restoration of Astoria in
1818, refers to previous negotiations, and closes b}' referring to the claim of continuity,
constantly gaining strength as time progresses, by the western states pouring their tide
of emigration into the valle}' of the Columbia.
Sir R. Pakenham answered, on the i2tli of September: "To the observations of the
American Plenipotentiary respecting the effect of continuit}' to furnish a claim to territory,
the undersigned has not failed to pay due attention ; but he submits that what is said on
this head maj' more properly be considered as demonstrating the greater degree of interest
which the United States possess by reason of contiguit}-, in acquiring territory in that
direction, than as affecting in any way the question of right."
In regard to the Spanish claim, Mr. Pakenham observes :
" It must, indeed, be acknowledged that, bv the treaty of 18 19, Spain did convey to
the United States all that she had the power to dispose of on the northwest coast of
America, north of the forty-second parallel of latitude ; but she could not, \>y that
transaction, annul or invalidate the rights which she had, b}' a previous transaction,
acknowledged to belong to another power. By the treatv of October 28, 1790 (Nootka
Convention), Spain acknowledged in Great Britain certain rights in respect to those parts
of the western coast not already occupied. This acknowledgment had reference especially
to the territory which forms the subject of the present negotiation. If Spain could not
make good her own right to exclusive dominion over those regions, still less could she
144 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
confer such a right on another power ; and hence Great Britain argues that, from nothing
deduced from the treaty of 1819 (Florida Treaty), can the United States assert a valid
claim to exclusive dominion over any part of the Oregon Territory."
Mr. Pakenham thus labors the claim of Heceta and Captain Gray as to priority of
discover}-; and this aptly illustrates the whole dispatch :
" To one and to one onl}' of these commanders can be conceded the merit of discover}'.
If Heceta's claim is acknowledged, then Captain Gray is no longer the discoverer of the
Columbia river. If, on the other hand, preference is given to the achievement of Captain
Gra)% then Heceta's discovery ceases to be of any value. But it is argued that the United
States represent both titles, the title of Heceta and the title of Gray ; and, therefore, that
under one or the other, it matters not which, enough can be shown to establish a case of
prior discovery as against Great Britain. This maj^ be true as far as relates to the act of
the first seeing and first entering the mouth of the Columbia river; but if the Spanish
claim to prior discover}' is to prevail, whatever rights may thereon be founded are
necessarily restricted b}' the stipulations of the treaty of 1790, which forbid a claim to
exclusive possession.
" If the act of Captain Gra}-, in passing the bar and actually entering the river, is to
supersede the discovery of the entrance, which is all that is to be attributed to Heceta, then f
the principle of progression or gradual discovery being admitted as conveying, in
proportion to the extent of discovery or exploration, superior rights, tlie operations of
J '^a II coil e'er in entering^ surveying and exploring^ to a considerable distance in/and, the river
Columbia, would, as a necessary consequence, supersede the discovery of Captain Gray, to
sav nothing of the act of taking possession in the name of his so7<ercig}i, which ceremony zcas
duly pciformed and authentically recorded by Captain Vancouver.''^ J
The British Plenipotentiary then ingeniously arrays the more thorough surveys and
commercial enterprises of English navigators against the voj-ages of Spanish officers,
the voyage of Mackenzie across the continent against the expedition of Lewis and Clark,
and attempts to avoid the consequence of the restitution of Astoria in 18 iS. He then
presents his view of the attitude of the question in the following bold and arrogant
language :
" In fine, the present state of the question between the two governments appears to be
this : Great Britain possesses, and exercises in common with the United States, a right
of joint occupancy of the Oregon Territory, of which right she can be divested with
respect to an}- part of the territory only by an equitable partition of the whole between
the two powers. It is for obvious reasons desirable that such a partition should take place
as soon as possible; and the difficulty appears to be in devising a line of demarkation
which shall leave to each party that precise part of the territory best suited to its interests
and convenience."
Mr. Pakenham then justifies the British proposal of the Columbia river boundary :
" As regards extent of territory, they would obtain acre for acre nearly half of tlic
entire territory divided. As relates to the navigation of the principal river,' they would
enjoy a perfect equality of rights with Great Britain ; and, in respect to its harbors, it
would be seen that Great Britain shows every disposition to consult their convenience in
that particular. On the other hand, were Great Britain to abandon the line of the
Columbia river as a frontier, and to surrender her rights to the navigation of that river,
the prejudice occasioned to her by such arrangement would, beyond all proportion, exceed
the advantage accruing to the United States from the possession of a few more square
A L ALDERMAN,
DAYTON OR
HON. JOHN KELLY,
SPRINGFIELD, OR
J. L. STOUT,
ILWAGO.W.T.
GEO.MERRALL,
PORTLAND.OR
STATEMENT OF EXTENT OF CLAIMS OF UNITED STATES. 145
miles of territory. It must be obvious to every impartial investigator of the subject that,
in adhering to the line of the Columbia, Great Britain is not influenced by motives of
ambition with reference to extent of territory, but by considerations of utility, not to say
necessity, which cannot be lost sight of, and for which allowance ought to be made in an
arrangement professing to be based on considerations of mutual convenience and
advantage."
This admirable document, exhibiting so fearlessly how Great Britain progresses in
her determined mission, " by considerations of utility, not to say necessity," to preserve
to herself the elements of future wealth and grandeur, and at the same time an entire
change of front in regard to British claim to Oregon, closes with the request that Mr.
Calhoun will state the extent of the claims of the United States, and what proposal he has
to" offer for the adjustment of the controversy.
Mr. Calhoun answers, September 20, 1844, in that terseness of style and perspicuity
of expression for which the great Carolinian was so pre-eminent :
" The undersigned does not understand the counter-statement as denying that the
Spanish navigators were the first to discover and explore the entire coasts of the Oregon
Territory ; nor that Heceta was the first who discovered the mouth of the Columbia river ;
nor that Captain Gray was the first to pass the bar, enter its mouth and sail up its stream ;
nor that these, if jointly held by the United States, would give them the priority of
discovery which they claim. On the contrary, it would seem that the counter-statement,
from the ground it takes, admits that such would be the case on that supposition ; for it
assumes that Spain, in the Nootka Sound Convention, in 1790, divested herself of all
claim to the territory founded on the prior discovery and explorations of her navigators,
and that she could, consequently, transfer none to the United States by the Treaty of
Florida. Having put aside the claims of Spain by this assumption, the counter-statement
next attempts to oppose the claims of the United States, by those founded on the voyages
of Captains Cook and Meares, and to supersede the discover}^ of Captain Gray, on the
ground that Vancouver sailed farther up the Columbia river than he did, although he
effected it by Captain Gray's discoveries and charts. It will not be expected of the
undersigned that he should seriously undertake to repel what he is constrained to regard
as a mere assumption, unsustained by any reason. It is sufficient on his part to say that,
in his opinion, there is nothing in the Nootka Sound Convention, or in the transactions
which led to it, or in the circumstances attending it, to warrant the assumption. The
convention relates wholly to other subjects, and contains not a word in reference to the
claim of Spain. It is on this assumption that the counter-statement rests its objection to
the well-founded American claim to priority of discovery. Without it there would not
be a plausible objection left to them."
Mr. Calhoun follows with an examination of the counter-statement in detail, and thus
disposes of Mr. Pakenham's innuendo against the claim of continuity as urged by the
United States :
" The counter-statement intimates an objection to continuity as the foundation of a
right on the ground that it may more properly be considered (to use its own words) as
demonstrating the greater degree of interest which the United States possessed, by reason
of contiguity, in acquiring territory in a westward direction. Contiguity may, indeed, be
regarded as one of the elements constituting the right of continuity, which is more
comprehensive, and necessarily associated with the right of occupancy, as has been shown
in previous statement (September 3d). It also shows that the laws which usage has
146 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
established in the application of the right to this continent give to the European
settlements on its eastern coasts an indefinite extension westward. It is now too late for
Great Britain to denj' a right on which she has acted so long, and by which she has
profited so much, or to regard it as a mere facility, not affecting in any way the question
of right. On what other right has she extended her claims westwardly to the Pacific
Ocean from her settlements around Hudson's Bay, or expelled France from the east side
of the Missisippi river, in the war which terminated in 1763 ? "
He thus deals with the argument of Mr. Pakenham, that the Nootka Sound
Convention aifected the s/alus of Louisiana, while that province was a Spanish possession :
" As to assumption of the counter-statement, that Louisiana, while in the possession
of Spain, became subject to the Nootka Sound Convention, which, it is alleged, abrogated
all the claims of Spain to the territory, including those acquired with Louisiana, it will be
time enough to consider it after it shall be attempted to be shown that such in reality was
the effect. Li the meantime, the United States must continue to believe that they
acquired from France, bj' the Treaty of Louisiana, important and substantial claims to
the territory." ■
The United States' negotiator closes this document bj' joining issue with the British
Plenipotentiar}'. With what remarkable clearness he exhibits what had now become the
Oregon controversy !
"The undersigned cannot consent to the conclusion to which, on a review of the
whole ground, the counter-statement arrives, — that the present state of the question is,
that Great Britain possesses and exercises, in common with the United States, a right of
joint occupancy in the Oregon Territory, of which she can be divested only by an equitable
partition of the whole between the two powers. He claims, and he thinks he has shown,
a clear title on the part of the United States to the whole region drained by the Columbia,
with the right of being reinstated and considered the party in possession while treating of
the title, in which character he must insist on their being considered in conformity with
positive treaty .stipulations. He cannot, therefore, consent that they shall be regarded
during tlie negotiation merely as occupants in common with Great Britain. Nor can he,
while thus regarding their rights, present a counter-proposal based on the supposition of
a joint occupancy merely until the question of title to the territor}- is fully discussed. It
is, in his opinion, only after such a discussion, which shall fully present the titles of the
parties respectively to the territory, that their claims to it can be fairly and satisfactorih'
adjusted. The United States desire only what they may deem themselves justly entitled
to, and are unwilling to take less."
In response to the invitation of Mr. Pakenham, that Mr. Calhoun should define the
United States' claims to other portions of the territorv, bevond the regions drained b}- the
Columbia, he answers :
" The\- are derived from Spain by the Florida Treaty, and are founded on the
discoveries and explorations of her navigators, and which they must regard as giving them
a right to the extent to which they can be established, unless a better can be opposed."
This conclusive reply of Mr. Calhoun's terminated the correspondence. On the
24th of September, the last conference was held, at which Mr. Pakenham noted tlie
following protest :
" That, reserving for future occasions such observations as he might wish to present
by way of explanation, in repl}- to the statement last presented by the American
Plenipotentiary, he was for the present obliged to declare, with reference to the concluding
RESUME OF STATUS OF CLAIMANTS. 147
part of that statement, that he did not feci antJwrizcd to enter into discussion respecting the
territory north of the forty-ninth parallel of latitude^ which was understood by the British
government to form the basis of negotiation on the side of the United States, as the line of
the Columbia formed that of Great Britain. That the proposal which he had presented
was offered by Great Britain as an honorable compromise of the claims and pretensions of
both parties ; and that it would of course be understood as having been made subject to
the condition recorded in the protocol of the third conference held between the respective
Plenipotentiaries in London, December, 1S26."
After this illustration of British diplomacy, — to reserve the territory north of
forty-nine degrees, and offer to negotiate for the remainder, and tliat too as the
consideration of withdrawing from what she was willing tu concede to the United States —
this exhibition of her " perfect spirit of fairness," her " basis of equitable compromise,"
upon which Lord Aberdeen invited Mr. Webster, while Secretary of State, to a renewal of
negotiations, how eminently just was the remark, shortly afterwards made by him as a
Senator of the United States: " He did not believe that Great Britain had any just right
to any part of the country not tributary to the waters of the Hudson's Bay, and that side
of the continent. All her pretended right was founded on the encroachments of the
Hudson's Bay Company, and the usurpations, spoliations and diplomatic trickery of her
government."
The Oregon question had as materially changed in another feature. Indifference had
heretofore marked the actions of the American government and people. It now became
a matter of national concern. The arena of its discussion had become vastly enlarged.
No longer confined to the negotiations between diplomatic representatives of the respective
governments, it had become the leading topic in the United States Congress and British
Parliament. On the stump, orators maintained our title to the whole of Oregon, and
protested against compromise. The people of each nation held up their hands in support
of their respective governments. The question had arrived at its crisis; settlement or
rupture could not much longer be dela3^ed. Such was the change in the surroundings of
the question. The gist of the controversy had been alike transformed. England, from
a passive or negative position, had assumed the aggressive. No longer restricting herself
to questioning or denjang the claims of the United States, and claiming herself to be in
joint possession of the whole territory by force of a right to some portion, she stood upon
an exclusive right to the territory north of forty-nine degrees, and was ready to negotiate
for the region south of that parallel bounded south and east by the Columbia river.
True, even now she pretended to no greater affirmative right than when the controversy
originated ; but her more persistent denial of her rival's claims practical!}' amounted to
an assertion of exclusive right in herself Her rights were of that nature that she could
not abandon an occupancy extending throughout the territory, without the portion she
wanted was segregated and set apart for her sole enjoyment.
History may admire the wisdom which prompted the desire to acquire and maintain
a foothold upon the Pacific Ocean. Future generations may learn, that boldness of
pretensions and pertinacity in maintaining them are links of vast importance in claim
to territorj'. But it will, nevertheless, appear that Great Britain solemnly renounced, in
1763, all claim in America to territor}' westward of the Mississippi river; that the voyages
of British navigators to any portion of the northwest coast of America, subsequent to
that date, conferred no legitimate claim to any part of the coast, b}- right of discovery or
settlement; that Spain yielded to Great Britain no territorial rights by the Nootka Sound
148 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Conveutioii of 1790; that, although the right was conceded to make settlements in
unoccupied territory north of the line of actual Spanish settlements, Great Britain had
renounced whatever rights she had thus secured by the two conventions with the
United States of 1818 and 1827: ist. B}- that of 1818, in covenanting not to do any
act to the prejudice of the United States, or afij o//icr //a/io/i ; 2d. B}- that of 1S27, as
the United States had then succeeded to Spain, by renewing that stipulation; 3d. By
the omission of the word settlements in both of said conventions, which can only be
construed as evidencing the fact that Great Britain herself did not believe that her
pretensions to the territor}- derived au}^ strength whatever from the Nootka Sound
Convention ; and if she so regarded it, then it was a formal and final renunciation of
claim. That, apart from the fact that the forty-ninth parallel had been fixed as the
north boundary of the Louisiana Purchase, in accordance with the supposed intent and
meaning of the Treaty of Utrecht, there is not another act or fact, connected with the
histor}' of the Pacific coast, or of the territory abutting upon it, which attaches any
exchisiveness of claim as connected with said forty-ninth parallel. True, that line as a
boundary had been offered time and again ; but the wherefore, except as a compromise,
cannot be deduced from the histor}^ of discoveries, explorations or settlements made upon
the coast or within the territory' west of the Rocky Mountains.
W
' ,a .' -^-^
A.M.CANNON ESQ.
SPOKANE FALLS.W.T.
Chapter XX.
(1S35-1846.)
Congressional and Executive Action — The Oregon Question an Element of
American Politics — Presidential Election, 1844 — The Treaty of Limits, June
15, 1840.
WHIIvE the American government was working np to the determination to assert
sole occnpanc}' of whatever right of territory it possessed in Oregon, emigrants
from the United States had been settling in the territory ; and the leaven of healthy
Americanization was duly at work within its borders. Each of the processes of converting
Oregon from a possession of British trading companies to a territory of the United States
has its distinct history. Knowledge acquired from parties who had visited, traveled in,
or were residents of, the territor}-, enabled Executive departments and members of
Congress to act and speak more advisedly. So, also, did information embodied in
congressional reports and speeches serve to bring the country into notice, and prove a
stimulus to emigration. Senators and Representatives, imploring the government to do
its duty and take immediate steps to maintain its territorial rights, must have had a
powerful effect in creating the belief, by every American settler, that his government
would ultimately adopt measures to guarantee protection. The Federal government was
slow in arriving at its conclusion ; yet the validity of American claim had always been
maintained. In the negotiations during the protracted struggle, it was a source of proud
satisfaction that the United States negotiators had always held the advantage. The real
cloud to be removed was ignorance of the value and importance of the country.
Apathy existed, engendered by the feeling that the region was so remote, so inaccessible ;
for that reason alone the opinion had been readily adopted that the country was not worth
contending for. Ignorance of its resources, and failure to appreciate the future
importance of the Pacific slope ; the remoteness of Oregon from the seat of government,
and the then centers of population and American power ; the vast quantity of unoccupied
land lying between ; the belief that the Rocky Mountains were an insurmountable obstacle
to the land transit of the continent, constituting a line which must effectually divide
settlements on the western slope from those on the eastern, — the poet's thought had been
accepted as a truism: "Mountains interposed make enemies of nations, who had else, like
kindred drops, been mingled into one. "
All these, and more especially repugnance to a contest with Great Britain, combined
to prolong the controversy, and afforded that nation the opportunity of securing a foothold
within the territory, most difficult to remove. There were, however, acts of government,
revivals of efforts in Congress to relieve this pathway to American occupancy of
Oregon, of its seeming indifference. Here and there a champion was found to plead
the cause of the American Oregon. Now and then some resolution was introduced
provoking discussion, in which manly claims were asserted, and which tended to create the
( 149 )
150 HISTORY OF PACIFIC XORTHWEST — OREGON AXD WASHINGTON.
belief that the United States did intend at some time to assert sole jurisdiction over
Oregon. These occurrences, 'tis true, were " few and far between ;" the aggregation of
them will be presented in this chapter.
In the latter part of 1S35 (November 11), President Jackson appointed William A.
Slacum, United States Navy, special agent to visit Oregon Territor}- to examine into its
political, physical and geographical condition. His duty was " to stop at different
settlements of Whites on the coast of the United States, and on the banks of the Columbia
river, and also at the various Indian villages on the banks, or in the immediate neighborhood
of that river; ascertain as near as possible the population of each ; the relative number of
Whites (distinguishing the nation to which they belong) and aborigines ; the jurisdiction
the Whites acknowledged ; the sentiments entertained b}- all in respect to the United
States, and to European powers having possessions in that region; and generally to
endeavor to obtain all such information, political, physical, statistical and geographical, as
ma}' prove useful to the government."
The result of Air. Slacum's observations was embodied in a memorial to Congress on
the iSth of December, 1837.
At the second session of the twenty-fifth Congress, 1837-8, the Oregon question was
revived. In the Senate, Lewis F. Linn, of Missouri, and, in the House, Caleb Cushing,
of Massachusetts, abl}' and earnestly labored for the Americanization of Oregon. Mr.
Linn introduced a bill on the 7th of February (183S), establishing a territory north of
latitude forty-two degrees north, and west of the Rocky Mountains, to be called Oregon
Territor}-. It provided for the erecting of a fort at the mouth of the Columbia, and the
occupanc}' of the territor}- by United States troops. A port of entry was located; and the
revenue laws were to be extended over the territory. Fifty thousand dollars were to be
appropriated to carry into effect the provisions of the bill. Mr. Linn moved its reference
to the Committee on Military Affairs. After some discussion, in which Senators Clay,
Buchanan and Benton participated, on motion of the latter it was referred to a select
Committee of five, with Mr. Linn as chairman. The Vice-President filled the committee
by appointing William C. Preston of South Carolina, Robert J. Walker of Mississippi,
Franklin Pierce of New Hampshire, and Garret D. Wall of New Jersey.
On the 13th of February, on motion of Mr. Linn, the Secretary of War was requested
to furnish all information in possession of the department relating to Oregon Territory,
and cause a map to be made of all the country claimed by the United States on the
western slope of the Rocky Mountains to the Pacific Ocean.
On the 25th of May, Mr. Linn reported the bill with amendments, and presented au
elaborate report, accompanied with valuable statistics, giving a truthful picture of the
territory, a thorough vindication of the claim of the United States, and unanswerable
reasons why the govenimeut should not further delay in the settlement of the controversy.
While these proceedings were being consummated in the Senate, Mr. Cushing
introduced the subject in the House of Representatives, offering a resolution, March 17,
1838, calling upon the President for information relative to the subjects of officers of any
foreign government intermeddling with the Indian tribes in Michigan, Wisconsin and the
territory bc}-ond the Rocky Mountains, or elsewhere within the limits of the United
States, by the supply of munitions of war, the distribution of gratuities or pensions, or
othenvise ; and likewise all correspondence, in regard to the title and occupation of the
territory of the United States beyond the Rocky Mountains.
EXPEDITION OF LIEUTENANT CHARLES WILKES. 151
On the 3rd of IMa\', President Van Buren transmitted to the House a report from the
Secretary of State, embodying the correspondence in regard to the title and occupation of
the territor}-. On the 17th, ]\Ir. Gushing moved the reference of the message to the
Committee on Foreign Affairs, with instructions to inquire into the expediency of
establishing a post on the Columbia river for the defense and occupation of the territory
of the United States watered by said river, and of provision by law to prevent any
intermeddling by subjects of any foreign power with Indians of the territor3\ In support
of the motion, Mr. Cushing addressed the House that day, concluding his remarks on the
22d. Mr. Howard, of Marj-land, chairman of the Committee on Foreign Affairs, replied
to Mr. Cashing. Mr. Elmore, of South Carolina, moved to amend the resolution, directing
the committee to inquire into the extent of the country claimed, the title under which it is
claimed, and the evidence of the correctness of title, the extent of seacoast, the number
aud description of harbors, nature of climate, soil, productions and trade, and whether it is
expedient to establish a territorial government, or one or more military posts, with the
expense thereof. Mr. Elmore expressing a desire to speak to his motion, the House
adjourned. Upon the next day he yielded the floor, and the resolution, as proposed by
Mr. Cushing, was adopted. This concluded all legislation in regard to Oregon that
session.
By act of Congress, approved March 14, 1836, the President had been authorized to
send out an exploring expedition to the Pacific Ocean and the South Seas. On the 20th
of March, 1S38, Lieutenant Charles Wilkes was assigned to command. The sloops-of-war
Vincennes and Peacock^ the ship Reliefs brig Porpoise^ and tenders Sea Gull and Flying
Fish^ were placed under his orders. On the nth of August, 183S, Secretary Paulding
issued instructions to Lieutenant Wilkes, which, having designated where he should
cruise until his arrival at the Sandwich Islands, orders : " Thence you will direct your
course to the northwest coast of America, making such surveys and examinations, first of
the territory of the United States on the seaboard of the Columbia river, and afterwards
along the coast of California, with special reference to the Bay of San Francisco, as you
can accomplish by the month of October following your arrival." On the 17th of August,
that year, the exploring squadron sailed from Hampton Roads. At the next session of
Congress, Mr. Linn (December 11, 1838), introduced in the Senate a bill "to authorize
the occupation of the Columbia or Oregon Territory," which was referred to a Select
Committee, consisting of Mr. Linn, John C. Calhoun, Henry Clay, Robert J. Walker and
Franklin Pierce. In the House of Representatives, Mr. Cushing, from the Committee on
Foreign Affairs, submitted an elaborate report, in which the American title is exhaustively
maintained, the importance of the countrj' demonstrated, and the policy of Great Britain,
operating through the Hudson's Bay Compau}^, to acquire the sole occupancy of the
territory and control of the Indian population, thoroughly exposed. A bill accompanied,
directing the President to employ such portion of the army and nav}' as he deemed
necessary for the protection of the citizens of the United States who resided in the
territory of Oregon, or are employed in commerce on the Columbia river, or its tributaries,
or upon the adjacent coasts.
On the 2Sth of January, 1838, Mr. Linn presented in the Senate the first petition
from American settlers in Oregon, signed by J. S. Whitcom and thirty-five others residing
south of the Columbia river, praying Congress to extend protection to their settlements
aud to embrace Oregon within Federal jurisdiction. On the 22d of Februar}-, Mr. Linn
addressed the Senate in favor of his bill ( introduced at the previous session). Some
152 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Senators suggested that its passage during the pendency of negotiations with Great
Britain on the northeast boundary might by the latter government be regarded as an
unfriendly act tending to embarrass the negotiations ; and the bill and petition were
referred to the Committee on Foreign Relations.
At the next session, Air. Linn introduced (December i8, 1839) joint resolutions upon
the Oregon question, which were referred to a Select Committee, of which he was
appointed chairman. On the 31st of March, 1840, he reported substitute resolutions,
authorizing the President to adopt such measures as would secure protection to the
persons and property of citizens of the United States residing in Oregon, and to erect
a line of military posts from F'ort Leavenworth to the Rock}^ Mountains. They also
provided that, after the adjustment of the boundaries between Great Britain and the
United States, one thousand acres should be donated to each White inhabitant over
eighteen 3'ears of age, and that an Indian agent should be appointed for the territory.
On the 2Sth of April, 1840, Senator Linn introduced a bill "to extend certain portions
of laws of the United States over the territory." But the Senate closed its session without
coming to a vote on either of Mr. Linn's proposed measures. On the 8tli of January,
1841 (t\vent3--sixth Congress, second session), Mr. Linn introduced a resolution authorizing
the President to take measures to secure the occupation and settlement of Oregon Territory,
and for extending over it certain laws of the United States.
At the extra session (first session, twenty-seventh Congress), Mr. Linn, August 2d,
introduced a resolution requesting the President to give the twelve months' notice to
Great Britain (as required b}^ the treaty of 1827) of the termination of the convention
pennitting a joint occupancy of the territory west of the Rocky Mountains. By consent
of Mr. Linn, the resolution was so modified as to direct the Committee on Foreign
Relations to inquire into the expedienc}' of making such a request of the President. The
committee never reported. At the second session of this Congress, Mr. Linn introduced
a bill (December 16, 1841), the preamble of which recited: "Whereas, the title of the
United States to the territory of Oregon is certain and will not be abandoned." This bill,
like its predecessors, looked to the assertion of sovereignt}' over Oregon, the establishment
of a line of posts from the Alissouri river to the best pass for entering the valley of the
Oregon, and also a fort at or near the mouth of the Columbia river. It provided for a
grant of a section of land to each settler, and the appointment of two Indian agents. The
laws of Iowa were to be in force in the territory ; with the proviso that, if an offender
were a British subject, he was to be delivered to the British authorities. Two additional
justices of the Supreme Court of Iowa were provided in consequence of the enlarged
jurisdiction. The office of justice of the peace was created, and jurisdiction defined.
The Select Committee unanimously recommended the passage of the bill. Before its
consideration had been reached, Lord Ashburton, special ambassador, charged with
negotiating certain matters of difference between the two countries, arrived. It was
generally supposed that the Oregon boundary was among the questions for settlement ;
hence further action was suspended in Congress. The Ashburton- Webster negotiations
did not include adjustment of the Oregon boundary, and terminated with tlie treaty of
.•\ugust, 1S42, generally remembered as the Ashburton Treaty.
Early in the spring of 1842, the Indian Bureau appointed Dr. Elijah \Miite, of
Oregon, sub Indian agent of the territory west of the Rocky Mountains.
The United States exploring expedition, commanded by Lieutenant Charles Wilkes,
spent the summer months of 1S41 in surveying the Columbia river, the bays and harbors
N.A.EBERMAN,
SEASIDE, OR.
I
I
EXTRACT FROM PRESIDENT TYLER'S ANNUAL MESSAGE. 153
of Paget Sound, and making explorations of the country. In 1842, Lieutenant J. C.
Fremont, United States Army, by order of the Topographical Bureau, examined the
country westward from the Missouri frontier to the South Pass of the Rocky Mountains.
In 1843, Fremont went to the Columbia river, connecting his work of 1842 with the survey
of Lieutenant Wilkes. Those overland expeditions were of value, in their effect upon the
popular mind, vastly beyond any information furnished to the country and the routes
thereto. They served to verify what trappers and missionaries had years before made
known. Their great importance, however, was a realization of the hope that the
government was about to assert jurisdiction; that it was growing alive to its duty of
protecting the emigrant and encouraging settlement.
Doubt no longer remained that Oregon was to be settled by a population from the
United States. At this period the scene was about to change. The Oregon question had
become a theme of popular discussion. Oregon settlement had become a matter of popular
interest. Now is heard
" The tread of pioneers
Of uations yet to be ;
The first low wash of waves, where soon
Shall roll a humau sea."
On two occasions, the government had 3aelded to Great Britain opportunity of
maturing and manufacturing claim by admission of a joint occupancy of the territory.
But henceforward the actual presence of settlers from the United States within the territory
is the assurance that the transition has commenced ; that Oregon has passed through her
middle age. She is about to shake off the worse than feudal bonds whicli have retarded
her career. She is to be transformed from a mere hunting park and dependency, held by
the Hudson's Bay Company, attorney-in-fact of Great Britain. She is to become an
American territory; to be dedicated to American settlement; to become an integral portion
of the American Union. Within the limits of the territory, " governments are to be
founded on the natural authority of the people."
Still the government continued inactive; but the people responded to the distant
voice from Oregon. Throughout the nation, emigration societies were formed to people
that territory. Those associations agitated the public mind as to the importance of
Oregon. Petitions to Congress invoked governmental action. State legislatures passed
memorials, and instructed their Senators and Representatives in Congress. The
American element in Oregon breathed out its eloquent appeal that it might be fostered
and guaranteed protection. Interest in Oregon had become national. The voice of the
people was giving its mandate to the government, to abandon the policy of " masterly
inactivit}'," and reclaim its own. The first effort of the American settlers (in 1841) to
form a provisional government had been unattended with success. The influence of the
Hudson's Bay Company, the Roman Catholic mission, and the advice of Lieutenant
Wilkes, delayed the effort; yet the attempt provoked the attention of the people of the
United States. In 1842, a numerous emigration crossed the plains and arrived in Oregon.
On the 7th of December, 1842, President Tyler's annual message, having commented
on the relations of the government with Great Britain as satisfactorily changed by the
ratification of the Ashburton Treaty, thus refers to Oregon:
" It would have furnished additional cause for congratulation if the treaty could have
embraced all subjects calculated in future to lead to a misunderstanding between the two
governments. The territory of the United States commonly called Oregon Territory,
154 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
lying on the Pacific Ocean, north of the forty-second degree of latitude, to a portion of
which Great Britain lays claim, begins to attract the attention of our fellow-citizens; and
the tide of population, which has reclaimed what was so lately an unbroken wilderness
in more contiguous regions, is preparing to flow over those vast districts which stretch
from the Rocky Mountains to the Pacific Ocean. In advance of the acquirement of(
individual rights to these lands, sound policy dictates that every effort should be resorted
to by the two governments to settle their respective claims. It became manifest at an
early hour of the late negotiations that au}' attempt, for the time being, satisfactoril}'
to determine these rights, would lead to a protracted discussion, which might embrace
in its failure other more pressing matters; and the Executive did not regard it as proper
to waive all the advantages of an honorable adjustment of other difficulties of great
magnitude and importance, because this, not so immediately pressing, stood in the way.
Although the difficult}- referred to may not, for several years to come, involve the peace
of the two countries, yet I shall not delay to urge on Great Britain the importance of its
early settlement."
Some Senators thought differently. Mr. Linn urged that the action of the government
in reclaiming Oregon was "immediately pressing." On the 2ist of December, 1S42, he
introduced in the Senate a resolution, " that the President be requested to inform the
Senate of the nature and extent of the informal communications " which took place
between the American Secretary of State (Daniel Webster) and the British special
Minister (Lord Ashburton) on the " subject of the claims of the United States and Great
Britain to the territory west of the Rock}- Mountains " and also the reasons which
prevented any agreement, and which made it inexpedient to include that subject among
the subjects of formal negotiation. The resolution was adopted. On tlie 19th, he had
introduced a bill to authorize the adoption of measures for the occupation and settlement
of the territory, with similar provisions to bills previously introduced. It was referred
to a Select Committee, consisting of Messrs. Linn, Walker, Sevier, Merrick and Phelps.
On the 2 1st of December, the committee unanimousl}- recommended its passage. After
protracted debate, the bill passed February 6, 1843, bj- a vote of twenty-four aj-es,
twent3'-two noes.
Reported to the House, it was referred to the Committee on Foreign Affairs. Mr.
Reynolds of Illinois, on the 9th of Februar}-,- 1843, reported from the Select Committee on
Oregon Territory a bill of similar provisions to the Senate bill, which was also referred to
the Committee on Foreign Affairs. John Ouincy Adams, chairman of that committee,
reported adversely to the passage of the bill, on the ground that the government had
precluded itself from taking any step towards the occupancy of the territory until the
twelve months' notice had been given to Great Britain, as provided in the convention of
1827. That report disposed of the bill in the House for that session.
The passage of the " Linn bill " was among the last of the persistent efforts of Dr.
Lewis F. Linn, the devoted champion of the American Oregon. He died October 3, 1843,
at liis residence in St. Genevieve, Missouri. Those who dwell with interest upon the
history of the great Northwest, who linger with pride as they recall the efforts of American
statesmen to develop the nation and extend the blessings of free institutions, constitutional
liberty, and the rights of mankind, will read with grateful satisfaction the merited tribute
to the memory of this father of American Oregon by his illustrious colleague, Thomas
H. Benton. Sa3's he :
TRIBUTE TO DR. LEWIS F. LINN. 155
" But how can I omit the last great act, as yet unfinished, in which his whole soul
was engaged at the time of his death. The bill for the occupation and settlement of
Oregon was his ; and he carried it through the Senate when his colleague, who now
addresses you, could not have done it. There is another historical truth fit to be made
known on this occasion, and which it is declared to this large and respectable assembly
under all the circumstances which impart solemnity to the declaration. He carried that
bill through the Senate ; and it was the measure of a statesman. Just to the settler, it
was wise to the government, x^las ! that he should not have been spared to put the
finishing hand to a measure which was to reward the emigrant, to protect his country, to
curb England, and to connect his own name with the foundation of an empire. But it is
done. The unfinished work will go on ; it will be completed, and the name of Linn will
not be forgotten. That name will live and be connected with Oregon while its banks bear
a plant, or its waters roll a wave."
At the commencement of 1S43-4, President Tyler thus invokes the attention of
Congress to Oregon:
"The territorial limits of the two countries (Great Britain and the United States) in
relation to what is commonly known as Oregon Territory, still remain in dispute. The
United States would at all times be indisposed to aggrandize themselves at the expense of
au}- other nation ; but, while they would be restrained by principles of honor, — which
should govern the conduct of nations as well as individuals, — from setting up a demand for
territory which does not belong to them, the}' would as unwillingly consent to a surrender
of their rights. After the most rigid, and, as far as practicable, unbiased examination of
the subject, the United States have alwaj-s contended that their rights appertain to the
entire region of country lying on the Pacific, and embraced within forty-two degrees and
fifty-four degrees, forty minutes of north latitude. This claim being controverted by
Great Britain, those who have preceded the present Executive, actuated no doubt by an
earnest desire to adjust the matter upon terms mutually satisfactory to both countries,
have caused to be submitted to the British government proposals for settlement and final
adjustment, which, however, have not proved heretofore acceptable to it.
" Our Minister at London has, under instructions, again brought that subject to the
consideration of that government ; and, while nothing will be done to compromise the
rights or honor of the United States, every proper expedient will be resorted to in order to
bring the negotiation now in progress of resumption to a speedy and happy termination.
In the meantime, it is proper to remark that many of our citizens are either already
established in that territory, or are on their way thither for the purpose of forming perfect
settlements, while others are preparing to follow. And, in view of these facts, I must
repeat the recommendation contained in previous messages, for the establishment of
military posts at such jalaces on the line of travel as will furnish security and protection to
our hardy adventurers against hostile tribes of Indians inhabiting those extensive regions.
Our laws should also follow them, so modified as the circumstances of the case seem
to require. Under the influence of our free system of government, new republics are
destined to spring up at no distant day. on the shores of the Pacific, similar in policy and
feeling to those existing on this side of the Rocky Mountains, and giving a wider and
more extensive spread to the principles of civil and religious liberty."
At the session of Congress 1843-4, memorials, petitions and resolutions of state
legislatures and popular assemblages in all portions of the Union flooded in upon
Congress. Acts providing for the immediate resumption of the claim of the United States
150 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
to the whole of Oregon, and to give notice to Great Britain of the termination of the
convention of 1827, were introduced and discussed. During the recess of Congress, the
Presidential election transpired. The Democratic National Convention in its platform
declared : " Our title to the whole of Oregon is clear and unquestionable. No portion of
the same ought to be ceded to England or any other power ; and the reoccupation of
Oregon at the earliest practical period is a great American measure."
James. K. Polk, of Tennessee, was the nominee of that part}- for President of the
United States. In accepting the nomination, the people had the assurance that he intended
to adopt those principles as the polic}^ to govern his administration in the event of his
election. This remark is not a reflection on his subsequent administration, hampered as the
government must have regarded itself by previously repeated offers of compromise by
preceding E.xecutives. It is stated to exhibit the value that the great political part}- v.-ho
supported Mr. Polk's election attached to the American claim to Oregon. " Fiftj'-four,
forty or fight " was the issue, as it was understood and accepted. Earnestl}- that party
went to the ballot-box, and there asserted that " war with Great Britain was preferable to
a surrender of an)- part of Oregon."
The position of the Whig party, if not so arrogant in assertion of claim, was equallj-
unequivocal upon the validity of the United States' title. Henry Clay, its most illustrious
chief, was selected as its nominee for the Presidency. His position on the title to Oregon
was well defined. On May 8, 1826, in his instructions to the Panama commissioners, he
had irrevocably committed himself on the measure of relative claim by foreign powers to
the territory on the northwest coast. Said he :
" From the northeastern limits of the United States in North America, to Cape Horn
in South America, on the Atlantic Ocean, with one or two inconsiderable exceptions, and
from the same cape to the fifly-liist degree of north latitude in North America, on the Pacific
Ocean, without any exception, the whole coast and countries belong to sovereign resident
American powers. There is, therefore, no chasm within the prescribed limits in which a
new European colony could now be introduced, without violating the territorial rights of
some American state. An attempt to acquire such a colon)', and by its establishment to
acquire any sovereign rights for an}- European power, must be regarded an inadmissible
encroachment."
Shortly subsequent to the date of that instruction, in one of his dispatches to Mr.
Gallatin, referring to the acquisition of Spanish title by the Florida Treaty, Mr. Clay
asserted : " Our right extended to the sixtieth degree of latitude^ Voting for either of
the candidates for President was voting that " our claim to Oregon was clear and
unquestionable ; " while voting for Mr. Polk carried with it also the assent that war was
to be preferred to the surrender to Great Britain of any portion of that territor}-. Such
was the attitude of the two great political parties ; such the opinion as to the title to
Oregon entertained by the respective Presidential nominees. From the national Capitol,
the Oregon question was transferred to the stump. Throughout the nation, at every
political meeting, appeals were made to the popular heart ; and the response was
enthusiastic : " Oregon of right belongs to the United States ; and it is the duty of the
government, at all hazards, to maintain that right unimpaired." Never in the history of
any country was a popular verdict so unmistakably and unanimously rendered. Never
was a government more signally advised by the voice of a united people. The popular
pulse had been felt ; and it beat strongly in favor of prompt and decisive measures to secure
the immediate reoccupation of Oregon. It equally proclaimed "that no portion thereof
ought to be ceded to England."
HON.R R PRIM
JACKSONVILLE, OR.
HENRY KLIPPEL,
JACKSONVILLE, OR.
cap: henry H.WOODWARD,
ROSEBURGH, OR.
E.K.ANDERSON,
ASHLAND, OR.
J. M. MCCALL,
ASHLAND, OR
CONGRESSIONAL AND EXECUTIVE ACTION. 157
President Tyler, at the opening of the session of 1S44-5, i" his annual message,
informed Congress that negotiations had been resumed. He urgently reiterated his
previous recommendations, designed to protect and facilitate emigration, and adds :
" Legislative enactments should also be made which should spread over him (the
emigrant) the trgis of our laws, so as to afford protection to his personal propert}- when
he has reached his distant home. In this latter respect, the British government has been
much more careful of the interests of such of her people as are to be found in that
countr}' than have the United States. She has made necessary provision for their security
and protection against the acts of the viciousl}- disposed and lawless ; and her emigrant
reposes in safety under the panoply of her laws."
President Tj-ler's administration ended without satisfactory termination of the
negotiations. On the 15th of January, 1845, ^^^ British Minister (Sir R. Pakenham)
proposed that the matters in controversy be settled by arbitration ; which Mr. Calhoun
declined, January 21, in a brief note, expressing "the hope that the question may be
settled by the negotiations pending between the two countries."
In the house of Representatives, December 16, 1844, under a suspension of rules (125
ayes, 53 noes), Mr. Duncan introduced a bill "to organize a territorial government in
Oregon." The bill was referred to the Committee on Territories, and reported to the
House December 23a. It provided a government for the territory west of the Rocky
Mountains, bounded south by latitude forty-two degrees north, and on the north by
latitude fifty-four degrees, forty minutes north. A governor, who was also to act as Indian
agent, a judge, secretary, marshal and attorney were to be appointed by the President. It
provided for a legislative assembly, consisting of a council to be composed of five members,
and a house of representatives not to exceed fifty members. The council was to be
selected by the house of representatives, one to go out annually ; every five hundred
inhabitants were entitled to a representative. The elective franchise was restricted to
citizens of the states or territories, unless actual residents of the territor}'. All suspected
of a want of fidelit}' to the United States, or who refused to take the oath of allegiance
thereto, were excluded from voting. The veto power was conferred on the governor ; but
laws could be passed over the veto b}- two-thirds. Congress reserved the right to
disapprove anj' law passed by the legislative assembly. Suitable forts were to be
established within the territory, and on the main routes leading thereto.
The bill was referred to the Committee of the Whole ; where, on motion of Robert C.
Winthrop, of Massachusetts, by a vote of one hundred and thirt}'-one to sixtj^-nine, it was
amended by incorporating the proviso, "that there shall neither be slavery nor involuntary
servitude in the said territorj-, otherwise than in the punishment of crimes, whereof the
part}' shall have been duly convicted." That glorious vote, dedicating to freedom the
great Northwest, explains wh}- so much of Oregon so soon thereafter was so readily
surrendered to Great Britain. Lying north of thirty-six degrees, thirty minutes (the
compromise line on the admission of Missouri ), it would necessarily remain free territory
and ultimately become free states. The territorial integrit}- of Oregon, though so heartily
indorsed by the people, had been already' sacrificed. The bill was further amended to
require the delivery to British authorities of any British subject arrested. Grants of land
were made, subject to the settlement of the title of the territory by the two governments.
No obstruction of harbors, bays or rivers, against vessels and subjects of Great Britain,
was to be permitted until the twelve months' notice should have been given to Great
Britain, as provided by the convention of 1827. The amendment requiring the President
158 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
to give said notice, and to secure the rights of British subjects until the termination of
the requisite twelve months, passed by a vote of one hundred and twentj^-one to eighty-two.
The bill passed Februar}' 3, 1S45 : aj-es one hiindred and forty, noes fift3'-nine.
In the Senate, Mr. Atchison of Missouri introduced, December 19, 1S44, a bill to
organize a territorial government in Oregon, which was referred to a Select Committee,
consisting of Messrs. Atchison, Walker, Rives, Crittenden and Allen. On the i6th of
January, 1845, ^I''"- Atchison reported the bill with an amendment. On the 4th of
February, the House bill was read and referred to the Select Committee on Oregon
Territory. On the 7th, the bill was reported to the Senate, with an amendment. On the
19th of February, in answer to a resolution of the Senate, President Tyler reported that
the negotiations were progressing favorably. On the 3d of March, the friends of Oregon
tried to press the Senate to a vote upon the bill ; but that bod}- (twenty-one ayes,
twenty-three noes) refused.
Up to the close of President Tyler's administration, both branches of Congress, at
different sessions, had asserted by the passage of bills that immediate measures should be
taken by the government to reoccupy Oregon. In the election of 1844, the people had,
with eutire unanimity, expressed their will that the government would be sustained in
extreme measures adopted to settle the Oregon question. It may be trul}^ claimed that
the sole occupancy of the whole of Oregon Territor}^ by the United States had been
advised by the American people.
That the President-elect so construed the popular verdict is evident from his very
able inaugural address, March 4, 1845, ^^1 which he thus in advance committed his
administration :
" Nor will it become in a less degree ni}- dut}- to assert and maintain, b}- all
constitutional means, the right of the United States to that portion of our territory which
is bej'ond the Rocky Mountains. Our title to the country of Oregon is clear and
unquestionable ; and already are our people preparing to perfect that title b}- occup3'ing
it with their wives and children. Within that period, within the lifetime, I might say, of
some of my hearers, our people, increasing to many millions, have filled the eastern
valle}' of the Mississippi ; adventurousl}- ascended the Missouri to its head springs ; and
are already engaged in establishing the blessings of self-government in val]e3-s, of which
the rivers flow to the Pacific. The world beholds the peaceful triumphs of the industry of
our emigrants. To us belongs the duty of protecting them adequately, wherever they
may be upon our soil. The jurisdiction of our laws and the benefits of our republican
institutions should be extended over them in the distant regions which they have selected
for their homes. The increasing facilities of intercourse will easil}' bring the states, of
which the formation in that territory cannot be long delayed, within the sphere of our
Federative Union. In the meantime, every obligation imposed by treat}- or conventional
stipulations should be sacredly respected."
On the i6th of July, 1845, a conference was held between James Buchanan, Secretary
of State, and Sir Richard Pakenham, British Minister, when negotiations were resumed.
Mr. Buchanan had presented a proposition dated July 12th, in which he most lucidly-
demonstrated the title of the United States to the whole territory. He concluded :
" We have a perfect right to claim under both these titles ; and the Spanish title
alone, even if it were necessar}- to confine ourselves to it, would, in the opinion of the
President, be good as against Great Britain, not merely to the valley of the Columbia,
but the whole territorj' of Oregon. Our own American title to the extent of the valle}- of
RESUME OF NEGOTIATIONS. 159
the Columbia, resting as it does on discover_v, exploration and possession (a possession
acknowledged by a most solemn act of the British government itself), is a sufficient
assurance against all mankind ; whilst our superadded title, derived from Spain, extends
our exclusive rights over the whole territory in dispute, as against Great Britain."
" Such being the opinion of the President in regard to the title of the United States,
he could not have consented to yield any portion of the Oregon Territory, had he not found
himself embarrassed, if not committed, by the acts of his predecessors. In view of these
facts, the President has determined to pursue the present negotiation to its conclusion
upon the principle of compromise in which it commenced, and to make one more effort
to adjust this long-pending controversy. He has, therefore, instructed the undersigned
again to propose to the government of Great Britain, that the Oregon Territory shall be
divided between the two countries by the fort3'-ninth parallel of north latitude, from the
Rocky Mountains to the Pacific Ocean, offering at the same time to make free to Great
Britain any port or ports on Vancouver Island south of this parallel, which the British
government may desire."
The British Minister, under date of Jul}' 29th, assumed the responsibility of rejecting
this offer. Mr. Buchanan, in an elaborate reply (August 30th), ably reviewed Mr.
Pakenham's position, and thus closed the negotiation :
"And how has this proposition been received by the British Plenipotentiary ? It has
been rejected without even a reference to his own government. Nay, more, the British
Plenipotentiar}', to use his own language, ' trusts that the American Plenipotentiary will
prepare to offer some further proposal for the settlement of the Oregon question, more
consistent ivith fairness and equity^ and ivith the reasonable expectations of the British
government.' Under such circumstances, the undersigned is instructed by the President
to say that he owes it to his country, and a just appreciation of her title to the Oregon
Territory', to withdraw the proposition to the British government which has been made
under his direction ; and it is hereby accordingly withdrawn."
Matters were in this situation at the commencement of the session of Congress,
December 21, 1S45, when President Polk delivered his first annual message. That
document contains a most interesting history of the negotiations. They were evidently
cited by the President in justification of his magnanimous and liberal offer of compromise,
in view of the committal of the administration by his letter of acceptance and inaugural
address. That the administration, after so man}' repeated offers by predecessors, should
have attempted to secure a peaceful adjustment, is in the highest degree commendable.
No censure can justly attach for that effort to maintain peace between nations. By its
manly assertion of the United States' claim, the Polk administration had brought the
Oregon question to the happiest juncture occupied in its forty years' discussion. The
administration had embraced the opportunity to withdraw its offer of compromise ; and
the nation now asserted its rightful title to the whole territor}'. Its peace-oflfering had
been spurned, and, by direction of the President, had been formally withdrawn. The
administration was free and untrammeled. It was about to march forward to give effect
to the great popular mandate of 1844, that no portion of Oregon should be ceded to Great
Britain. Such appeared to have been the animus of the President in that first message
to Congress. He urged that the twelve months' notice to Great Britain required b}' the
convention of 1S27 should immediately be given ; that the United States desired the
abrogation of the Joint-Occupancy Treaty. He invoked Congress to adopt measures for
160 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
maintaining the rights of the United States to the whole of Oregon ; that Federal
jurisdiction be extended over the territor}'. He recommended such legislation as would
afford protection and securit}' to American settlers.
In both houses of Congress numerous measures, responsive to the President's
suggestions, were introduced. The House of Representatives, on the 9th of February,
1846, by the decisive vote of one hundred and sixty-three to fifty-four, passed a joint
resolution directing the President to give Great Britain twelve months' notice of the desire
of the United States to abrogate the convention of 1827. The Senate modified the resolution
so as to authorize the President, " at his discretion," to give such notice, and passed it
April i6th, by a vote of forty to fourteen. The House of Representatives refused to
concur in the Senate amendment, which led to a conference, resulting in the Senate
phraseology being substantially adopted. On the 23d of April, the resolution passed both
houses : In the Senate, forty-two ayes, ten noes ; in the House, one hundred and forty-two
ayes, forty-six noes.
The notice embodying the joint resolution was promptly given April 28, 1846. The
occasion was so important, such proceeding so unusual between nations, the precedent
of such weight)^ interest, that its insertion at length is justified :
"Whereas, the Congress of the United States have adopted a 'Joint Resolution
concerning the Oregon Territor}^,' of which the following is a copy :
"'Joint Resolution concerning the Oregon Territory.
" ' Whereas, by the convention concluded the twentieth da}' of October, eighteen
hundred and eighteen, between the United States of America and the King of the United
Kingdom of Great Britain and Ireland, for the period of ten j'ears, and afterwards
indefinite!}' extended and continued in force b}' another convention of the same parties,
concluded the sixth day of August, in the 3-ear of our Lord eighteen hundred and
twenty-seven, it was agreed that any country that may be claimed b}- either party on the
northwest coast of America westward of the Stony or Rocky Mountains, now commonl}'
called the Oregon Territory, should, together with its harbors, ba3's and creeks, and the
navigation of all rivers within the same, be " free and open " to the vessels, citizens, and
siibjects of the two powers, biit without prejudice to any claim which either of the parties
might have on any part of said country; and with this further provision, in the second
article of the said convention of the sixth of August, eighteen hundred and twenty-seven,
that either party might abrogate and annul said convention, on giving due notice of twelve
months to the other contracting party.
" ' And whereas, it has now become desirable that the respective claims of the United
States and Great Britain should be definitelj' settled; and that said territory may, no
longer than need be, remain subject to the evil consequences of the divided allegiance of
its American and British population, and of the confusion and conflict of national
jurisdiction, dangerous to the cherished peace and good understanding of the two
countries.
" ' With a view, therefore, that steps be taken for the abrogation of the said convention
of the sixth of August, eighteen hundred and twenty-seven, in the mode prescribed in its
second article, and that the attention of the governments of both countries may be more
M.
A.A.PLUMMER,
PORT TOWNSEND, W. T-
A PIONEER or 1850 ,
1
4
JOINT RESOLUTION CONCERNING THE OREGON TERRITORY. 161
earnestly directed to the adoption of all proper measures for a speedy and amicable
adjustment of the differences and disputes in regard to the said territory :
" ' Resolved, by the Senate and House of Representatives of the United States of
America, in Congress assembled, that the President of the United States be, and he is
hereby authorized, at his discretion, to give to the government of Great Britain the notice
required by the second article of the said convention of the sixth of August, eighteen
hundred and t\vent3--seven, for the abrogation of the same.
" 'Approved April 27, 1S46.'
" Now, therefore, after a careful consideration of the premises, I, James K. Polk,
President of the United States, in the exercise of the authorit}' and discretion vested in
me by the said 'joint resolution concerning the Oregon Territory,' and in pursuance of
the second article of the convention of the 6th August, 1827, therein mentioned, do hereby,
in behalf of the United States, give notice to her Majesty, the Queen of the United
Kingdom of Great Britain and Ireland, that, at the end of twelve months from and after
the delivery of these presents by the Envoy Extraordinary and Minister Plenipotentiary
of the United States at London, to her Britannic Majesty, or to her Alajesty's principal
Secretar}' of State for Foreign Affairs, the said convention shall be entirely annulled and
abrogated.
" In testimony thereof, I have caused the seal of the United States to be hereunto
affixed. Given under my hand, this twenty-eighth day of April, A. D. 1846, and of the
independence of the said United States the seventieth.
[l. s.] "James K. Polk.
" By the President ;
r" James Buchanan, Secretary of State."
The acceptance of the notice was equally prompt. It was as follows :
"Foreign Office, May 22, 1846.
" The undersigned, her Majesty's principal Secretary of State for Foreign Aifairs, has
had the honor to receive the note of Mr. McLane, Envoy Extraordinary and Aliuister
Plenipotentiary of the United States of America, dated the 20th, and delivered on the 24th
instant, inclosing the document dated the 28th day of April, signed bj' the President of
the United States of America, and countersigned b}' the Secretary of State, in which, after
reciting a joint resolution concerning the Oregon Territorv which has been adopted bv
the Congress of the United States, the President, in conformit}^ with the terms of that
resolution, gives to her Britannic Majesty's government the notice required b^- the second
article of the convention of the 6th of August, 1827, between Great Britain and the
United States, for the abrogation of the same. The undersigned acknowledges,
accordingly, on the part of her Majesty's government, the receipt of the said notice, and
declares that, in conformity with its tenor, her Majesty's government will consider the
convention of the 6th of August, 1827, abrogated accordingh' from the 2i.st day of
May, 1847.
" The undersigned has the honor to renew to Mr. McLane the assurances of his high
consideration. " Aberdeen.
" Louis McLane, Esq., etc."
162 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
While these events had been transpiring in Congress, negotiations had been resumed.
On the 27th of December, 1845, ^^i" R- Pakenham, by order of his government, made the
proposition to submit the question " of an equitable division of Oregon to arbitration."
Mr. Buchanan promptly declined it, because, to submit to such a proposition was an
avowal of a right of Great Britain to a portion of the territory, and equally as strong an
admission that his government was wrong in laying claim to the whole of it ; besides, it
would conclude the United States from making claim to the whole territory before the
arbitrator." On the 17th of January, 1846, Sir R. Pakenham submitted a modified
proposition to refer " the question of title in either government to the whole territory to
be decided ; and, if neither were found to possess a complete title to the whole, it was to
be divided between them according to a just appreciation of the claims of each."
Mr. Buchanan replied :
" If the governments should consent to an arbitration upon such terms, this would be
construed into an intimation, if not a direct invitation, to the arbitrator to divide the
territory between the two parties. Were it possible for this government, under any
circumstances, to refer the question to arbitration, the title, and the title alone, detached
from every other consideration, ought to be the only question submitted. The title of the
United States, which the President regards clear and unquestionable, can never be placed
in jeopardy by referring it to the decision of any individual, whether sovereign, citizen or
subject. Nor does he believe the territorial rights of this nation are a proper subject of
arbitration."
But the venue of contention is now to be changed. On the 6th of June, 1S46, Sir R.
Pakenham submitted to Secretary of State Buchanan a draft of a proposed treaty, which
had been transmitted to him by the British government. President Polk at once presented
the same to the Senate of the United States, accompanying therewith the following
message :
" To THE Senate of the United States :
" I lay before the Senate a proposal, in the form of a convention, presented to the
Secretary of State on the 6th instant, by the Envoy Extraordinary and Minister
Plenipotentiary of her Britannic Majesty, for the adjustment of the Oregon question,
together with a protocol of this proceeding. I submit this proposal to the consideration of
the Senate, and request their advice as to the action which, in their judgment, it may be
proper to make in reference to it.
" In the early periods of the government, the opinion and advice of the Senate were
often taken in advance upon important questions of our foreign policy. General
Washington repeatedlj' consulted the Senate and asked their previous advice upon pending
negotiations with foreign powers; and the Senate in every instance responded to his call by
giving their advice, to which he alwa3's conformed his action. This practice, though rarel}'
resorted to in latter times, was, in my judgment, eminently wise, and ma}', on occasions
of great importance, be properly' revived. Tlie Senate are a branch of the treaty-making
power; and by consulting them in advance of his own action upon important measures
of foreign policy which ma}' ultimately come before them for their consideration, the
President secures harmou}- of action between that body and himself The Senate are,
moreover, a branch of the war-making power; and it may be eminently proper for the
Executive to take the opinion and advice of that body in advance upon any great question
MESSAGE OF PRESIDENT POLK. 163
which may involve in its decision the issue of peace or war. On the present occasion, the
magnitude of the subject would induce me, under an3^ circumstances, to desire the previous
advice of the Senate ; and that desire is increased by the recent debates and proceedings
in Congress, which render it, in my judgment, not only respectful to the Senate, but
necessary and proper, if not indispensable, to insure harmonious action between that body
and the Executive. In conferring on the Executive the authority to give the notice for
the abrogation of the convention of 1827, the Senate acted publicly so large a part, that a
decision on the proposal now made by the British government, without a definite
knowledge of the views of that bodj^ in reference to it, might render the question still more
complicated and difficult of adjustment. For these reasons I invite the consideration of
the Senate to the proposal of the British government for the settlement of the Oregon
question, and ask their advice on the subject.
" My opinions and my action on the Oregon question were made fully known to
Congress in m}' annual message of the second of December last ; and the opinions therein
expressed remain unchanged. Should the Senate, by the constitutional majority required
for the ratification of treaties, advise the acceptance of this proposal, or advise it with
such modifications as they may, upon full deliberation, deem proper, I shall conform my
action to their advice. Should the Senate, however, decline by such constitutional majority
to give such advice, or to express an opinion on the subject, I shall consider it my duty to
reject the offer.
" I also communicate herewith an extract from a dispatch of the Secretary of State
to the Minister of the United States at London, under date of the aSth of April last,
directing him, in accordance with the joint resolution of Congress ' concerning the Oregon
Territory,' to deliver the notice to the British government for the abrogation of the
convention of the 6th of August, 1827 ; and also a copy of the notice transmitted to him
for that purpose, together with extracts from a dispatch of that Minister to the Secretary
of State, bearing date on the i8th of May last.
"James K. Polk.
"Washington, June 10, 1846."
" Protocol.
" A conference was held at the Department of State, on the 6th of June, 1846,
between the Honorable James Buchanan, Secretary of State, the American Plenipotentiary,
and the Right Honorable Richard Pakenham, the British Plenipotentiary, when the
negotiation respecting the Oregon Territory was resumed. The British Plenipotentiary
made a verbal explanation of the motives which had induced her Majesty's government
to instruct him to make another proposition to the government of the United States for
the solution of these long-existing difficulties. The Secretar}' of State expressed his
satisfaction with the friendly motives which had animated the British government in this
endeavor.
" Whereupon, the British Plenipotentiary submitted to the Secretary of State the
draft of a convention (marked A), setting forth the terms he had been instructed to
propose to the government of the United States for the settlement of the Oregon question.
"James Buchanan.
" R. Pakenham."
164 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
"A." (Preamble omitted.)
" Article I.
" From the point on the forty-ninth parallel of north latitude, where the boundary
laid down in existing treaties and conventions between Great Britain and the United
States terminates, the boundary line between the territories of her Britannic Majesty and
those of the United States shall be continued westward along the said forty-ninth parallel
of north latitude to the middle of the channel which separates the continent from
Vancouver Island ; and thence southerly through the middle of said channel and of
Fnca's Strait to the Pacific Ocean ; provided, however, that the navigation of the whole of
said channel and strait south of the forty-ninth parallel of north latitude remain free and
open to both parties.
" Article II.
" From the point at which the forty-ninth parallel of north latitude shall be found to
intersect the great northern branch of the Columbia river, the navigation of said branch
shall be free and open to the Hudson's Bay Company, and to all British subjects trading
with the same, to the point where the said branch meets the main stream of the Columbia,
and thence down the main stream to the ocean, with free access into or through the said
river or rivers ; it being understood that all the usual portages along the line thus
described shall in like manner be free and open. In navigating the said river or rivers,
British subjects, with their goods and produce, shall be treated on the same footing as
citizens of the United States ; it being, however, always understood that nothing in this
article shall be construed as preventing, or intended to prevent, the government of the
United States from making any regulation respecting the navigation of said river or rivers,
not inconsistent with the present treaty.
" Article III.
" In the future appropriation of the territory south of the forty-ninth parallel of north
latitude, as provided in the first article of this treaty, the possessory rights of the Hudson's
Bay Company, and of all British subjects who may be already in the occupation of land
or other property, lawfully acquired within the said territory, shall be respected.
" Article IY.
" The farms, lands and other property of every description belonging to the Puget
Sound Agricultural Company, on the north side of the Columbia river, shall be confirmed
to said company. In case, however, the situation of these farms and lands should be
considered by the United States to be of public importance, and the United States
government should signify a desire to obtain possession of the whole, or of any part
thereof, the property so required shall be transferred to the said government at a proper
valuation, to be agreed upon between the parties."
" The Senate being in executive session :
"On motion of Mr. Maugum, the Senate proceeded to consider the message of the
President of the United States of the loth instant, communicating a proposal for the
adjustment of the Oregon question ; and, after debate, Mr. Haywood submitted the following
resolution :
,^>| ^:^fs0^''
HON. ORANGE JACOBS.
SEATTLE, W.T.
LETTER OF SECRETARY BUCHANAN. 165
" ' Rcsohi'd (two-thirds of the Senators present consenting), that the President of
the United States be, and he is hereby, advised to accept the proposal of the British
government, accompanying his message to the Senate dated June lo, 1846, for a
convention to settle boundaries, etc., between the United States and Great Britain, west
of the Rocky or Stony Mountains.'
" On June 12, 1846, the Senate proceeded to consider the resolution submitted by Mr.
Haj'wood on the nth instant. On the question to agree to the resolution, it was
determined in the affirmative: yeas thirty-eight, nays eleven. Those who voted in the
affirmative are: Messrs. Archer, Ashley, Bagby, Benton, Berrien, Calhoun, Chalmers,
Thomas Clayton, John M. Clayton, Colquitt, Davis, Dayton, Dix, Evans, Green, Haywood,
Houston, Huntington, Johnson of Maryland, Johnson of Louisiana, Lewis, McDuffie,
Mangum, Miller, Morehead, Niles, Pearce, Pennypacker, Phelps, Rusk, Sevier, Simmons,
Speight, Turney, Upham, Webster, Woodbridge, Yulee. Those who voted in the negative
are: Messrs. Allen, Atherton, Breese, Cameron, Dickenson, Fairfield, Hannegan, Jarnagin,
Jenness, Semple, Sturgeon.
" The Senate having, by the necessary constitutional majorities, advised the President
to accept such proposed treaty, the said action was communicated to the British
government in the following letter:
" Secretary Buchanan to Minister McLane.
" Department of State,
"Washington, June 13, 1846.
'■'■Sir: The President communicated to the Senate, on the loth instant, a confidential
message, of which I transmit you a copy, asking their previous advice in regard to the
project of a convention for the adjustment of the Oregon question, delivered to me by Mr.
Pakenham on the 6th instant.
"On yesterday the Senate adopted the following resolution:
'■''■Resolved (two-thirds of the Senate present concurring), that the President of the
United States be, and he is hereby, advised to accept the proposal of the British
government accompanying his message to the Senate dated loth June, 1846, for a
convention to settle boundaries, etc., between the United States and Great Britain, west
of the Rocky or Stony Mountains.'
" The vote of the Senate stood thirty-eight to eleven.
" I have learned from the best sources that the Senate gave this advice under the
conviction that, by the true construction of the second article of the project, the right
of the Hudson's Bay Company to navigate the Columbia would expire with the termination
of their present license to trade with the Indians, etc., on the northwest coast of America,
on the 3otli day of May, 1859. In a conversation with Mr. Pakenham to-day, I
communicated this fact to him, and requested him to state it in his dispatch to Lord
Aberdeen.
"The treaty will be signed and sent to the Senate on Monday next; and it is more
than probable that they will, in some form or other, place upon their records their
understanding of its true construction in this particular.
" I am, etc., "James Buchanan.
"Louis McLane, Esq., etc."
166 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The treaty as proposed was signed June 15, 1S46, by the representatives of the two
nations. On the iSth of June, it was submitted to the Senate, and ratified by a vote of
forty-one ayes, fourteen noes. The herculean Benton \vas its most zealous champion.
From his very remarkable speech in its advocacy, the following very remarkable language
is extracted. Said he :
" The first article of the treaty — and it is the main one, and almost the whole treaty
— is in the very words which I myself would have used if the two governments had left it
to me to draw the boundary line between them. The line established by that article — the
prolongation of the boundar}- on the east side of the Rocky Mountains — follows the
parallel of forty-nine degrees to the sea, with a slight deflection through the Straits of Fuca
to avoid cutting the south end of Vancouver Island. All this is right in my opinion.
Forty-nine is the line of right, and of mutual convenience, between the two powers,
offered b}^ us since the time of Mr. Jefferson, and wonderfully adapted to the natural
divisions of the country and the actual possessions of the two parties. It parts the two
streams of water (those of the Columbia and Fraser rivers) as naturall}^ and commodiously
on the west of the mountains as it parts on the east of the same mountains the two
systems of waters which belong on the one hand to the Gulf of Mexico, and on the other
to Hudson's Ba\-; and on both sides of the mountains it conforms to the actual discoveries
and settlements of both parties. There is not upon the face of the earth so long a line,
and so straight and so adapted to the rights of the parties and the features of the country.
From the Lake of the Woods to the Pacific Ocean is twenty degrees of longitude (fifty
miles to the degree in that latitude); and throughout that long distance the line follows
the highlands which divide great rivers and their basins, cutting off nothing but the heads
of rivers of little consequence ; and these excisions most wonderfully balance.
" It is a marvelously proper line, and does great honor to the discretion, or illustrates
the good fortune, of the French and British commissioners under the Treat}- of Utrecht,
by whom it was so long ago established. Mr. Jefferson offered this line in its full extent in
1807. Mr. Monroe made the same offer in 1818, and again in 1824. ^^i"- Adams offered
it in 1826, Mr. Tyler in 1842, and Mr. Polk in 1845. For fort}' j-ears, save one, this line
has been offered by our government to the British government, and by all except the last,
as a line of right, adapted to the actual possessions of the parties and to the natural
divisions of the country. Since thirty years, I have been accustomed to stud}- the question
of this line; and during all that time I have been in favor of forty-nine degrees. As often
as I have had occasion to express my opinions about it — and those occasions commenced
with the Treat}' of Ghent in 18 15 — I have declared uniformly in favor of that line, but
always as a basis, never as an inflexible demarkation, yielding to no accidents of land or
water. I never talked the nonsense of every inch and acre up to fort}--nine, or war. I
knew the Straits of Fuca, and that those straits formed a natural boundary for us, and
also divided the continent from the islands, and the fertile from the desolate regions. I
knew that the continental coast and the inhabitable country terminated on the south shore
of those straits, and that the northwest archipelago — the thousand desolate and volcanic
islands, derelict of all nations — commenced on their shore ; and I wanted to go no farther
than the good land and the continental coast went. I was always in favor of a deflection
of a line through the Straits of Fuca ; but I said nothing about it. It was a detail, and I
confined myself to the proposition of the line as a basis. I had expected the deflection to
have commenced further back — on the continent — so as to have kept our line a little
farther off from Fort Langly, at the mouth of Fraser river, almost in sight of which it
SPEECH OF THOS. H. BENTON ADVOCATING TREATY OF LIMITS. 167
now passes. If this had been asked, I for one would have been willing to grant it ; but
the British did not ask it, probabl}- for the reason that I would have granted it, namely,
the entire worthlessness of the desolate region about the mouth of Fraser river.
" The deflection leaves out Vancouver Island, and I am glad of it. It is one of the
most worthless of the thousand worthless islands which the northwest archipelago presents,
and is the derelict of all nations. The Nootka Sound quarrel between Great Britain and
Spain was not for the island, but for the insult to Great Britain in the deportation and
incarceration of her subjects by the Viceroy of Mexico. Reparation for that insult was
the point of the quarrel ; and, that being obtained in a treaty of restoration and indemnity,
both parties abandoned the island, and neither has since occupied it. It is now vacant
and desolate, and I want none of it. I would not accept it as a present, nor would the
poorest lord of the isles that ever lived on the western coasts of Scotland. The fictitious
importance lately attributed to this island, upon the disparagement of the mouth of the
Columbia, has vanished upon the revelation of the true character of that river. The
estuary of the Columbia is now shown to be a good port ; and, with the advantage of
lights, buoys, beacons, pilots and steam tow-boats, ready to become one of the best in the
world. This knowledge of the true character of the Columbia puts an end to all pretexts
of necessity to go north three hundred miles to hunt a substitute port in the remote and
desolate coasts of Vancouver Island. That island is not wanted by the United States for
any purpose whatever. Above all, the south end of it is not wanted to command the
Straits of Fuca. It so happens that these straits are not liable to be commanded, either in
fact or in law. They are from fifteen to thirt}' miles wide, — rather too wide for batteries
to cross their shot, and wide enough, like all other great straits of the world, to constitute
a part of the high seas, and to be incapable of appropriation by any nation. We want
nothing of that strait but as a boundary, and that the treaty gives us. With that
boundary comes all that we want in that quarter, namely, all the waters of Puget Sound
and the fertile Olympic district which borders upon them.
" When the line reaches the channel which separates Vancouver Island from the
continent (which it does within sight of the mouth of Fraser river), it proceeds to the
middle of the channel, and thence, turning south, through the channel de Haro (wrongly
written Arro on the maps) to the Straits of Fuca, and then west to the middle of that
strait to the sea. This is a fair partition of those waters, and gives us everything that we
want, namely, all the waters of Puget Sound, Hood's Canal, Admiralty Inlet, Bellingham
Bay, Birch Ba}-, and with them the cluster of islands, probably of no value, between
de Haro's Channel and the continent. Neither the Spanish discoveries, nor our own
discovery and settlement of the Columbia, would have given us these waters. Their
British names indicate their discoveries; and the line of forty-nine gives them to us."
Thus was temporized the Oregon controvers}^ b}' that hasty and ill-digested surrender
of a large portion of territory to which our title was "clear and unquestionable." That
treaty settled only so much of the boundary line as lies upon the main land, carrying the
parallel of forty-nine degrees north westward to the coast of the Gulf of Georgia. Hardly were
the ratifications exchanged, when, early as the fall of 1846, the boundary dispute was revived
by the claim being asserted that Rosario Strait was the main channel, and the channel
intended by that treaty as the northwest water boundary, instead of the Canal de Haro.
That question remained a matter of controversy between the two governments, until the
award in 1S73, by the Emperor William of Germany, that the Canal de Haro was the
main channel referred to in the treaty. By it also the Hudson's Bay Company was
108 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
I
permitted to continue in Oregon; and the United States stipulated to respect possessory
rights, which were to have been terminated, b}' their license, Maj^ 30, 1859; yet that
compau}- and its offshoot, under the alias of the Puget Sound i\gricultural Company, ■
claimed ^^5,000,000 against the United States as a compensation to them to withdraw from
Oregon, to abandon their rights, and for rights claimed to have been acquired during their
occupanc}' of Oregon, under the Joint-Occupancy Treaties of 181S and 1827.
Such was the Oregon question, and such its abortive termination. It aptly proves
that to governments, like individuals, " nothing is denied to well-directed industry." The
world is afforded the strongest illustration that persistent claim gives as good a title to the
territor}- as actual right.
The actors in the consummation which secured peace without honor (though it is not
believed that Great Britain would have dared to go to war with the United States in
support of her Oregon pretensions) have passed away. Robert J. Walker, Secretary of
the Treasury- in the cabinet of President Polk, thus explains (i) the readiness to surrender
so much of Oregon to Great Britain :
" We own now the whole western Pacific coast from Lower California to the Arctic
Sea, except British Columbia, which (against ni}- earnest protest in the cabinet) was ceded
to England in 1846. I say ceded ^ for our title to the whole of Oregon from the forty-second
parallel northward to Russian America was in truth clear and unquestionable. British
Columbia was lost to us by the most unfortunate diplomacy extending through a long
period of time."
Wh}' we so willingly jdelded it, Mr. Walker explains in the following :
" The opposition to the acquisition of Louisiana was geographical and anti-slavery.
In 1821, Texas was relinquished partly from geographical, but mainly from anti-slaver}-,
opposition. In 1845, the opposition to the annexation of Texas was based mainly upon
anti-slavery grounds. In 1846, in connection with the unfortunate action of preceding
administrations, Oregon, north of the forty-ninth parallel, was lost to the Union. While
the history of annexation in the United States shows various obstacles by which it has
been retarded, yet the chief among these was the discordant element of slavery. Thus it
was that, while the free states to a great extent opposed the acquisition of slave territor}-,
the slave states opposed the acquisition of free territory. But for these opposing principles,
our area would be far greater than it is now. On extinguishing slavery, we have removed
the principal cause which retarded annexation. We see already the good effects of the
disappearance of this institution in the almost unanimous vote of the Senate b}^ which the
Alaska treaty was ratified. Before the extinction of slavery^ that treaty would liave been
defeated upon the same principle that Oregon north of the forty-)iinth parallel was ceded to
E7igla)idy
On another branch of this case, apprehension of war with England, Mr. Walker
remarks :
" We all know how she availed herself of our war with Mexico to deprive us of our
rightful territory of Oregon north of the forty-ninth parallel. In other words, a war with
Mexico to secure Texas must not be endangered bv the conflict with England for our
rights in Oregon."
Mr. Walker thus acquits Mr. Polk and Mr. Buchanan of voluntarily and too-readily
abandoning the policy avowed in such manly terms by the Administration and Department
of State in regard to the United States' title to Oregon :
( 1 1 Letter, January 24, iS6S. on the purchase of Alaska. St. Tlioinas and St. Johns. WashUigtoti Daily Morning Chronicle, January 2S, 1S6S.
HENRY HEWITT,
WHEATLAND, OR.
MF?S. E.M.HEWITT.
WHEATLAND, OR.
ROBERT J. WALKER ACQUITS MR. POLK AND JIR. BUCHANAN. 169
" In the letter of the 3d of March, 1S45, of the late James K. Polk, tendering me the
office of Secretary of Treasnry, he inclosed me his proposed inaugnral address discussing
the Oregon and Texas questions, in which letter he says : ' If 3'ou, sir, concur with me
in these opinions and views, I shall be pleased to have your assistance in my administration
as a member of my cabinet, and now tender to you the office of Secretary of Treasury.
I shall be pleased to receive your answer at your earliest convenience.' In m\' replj- of
that date to Mr. Polk accepting the tender, I said : ' The reannexation of Texas in the
mode proposed in ui}- letter of Sth of January, 1S44, may be regarded as nearly
consummated. The kindred measure referred to in the letter, namely, our just and
rightful claim to the whole of Oregon, will, I trust, be successfully asserted by you ; this
would leave no European power on our Pacific coast except Russia, whose well-known
friendship to us would, it is hoped, induce her to cede to us her North American territory.'
" This correspondence needs no comment. It is due, however, to my late excellent
friend and chief, James K. Polk, to say that he was most sincerely desirous of retaining
the whole of Oregon, and only abandoned it when he arrived at the conclusion that
Congress would not sustain him in the measure.
"It is due to the Secretary of State, James Buchanan, to say that he yielded with
great reluctance to the sacrifice of an}- portion of Oregon."
Chapter XXI.
(1836.)
Settleineiit of Oregon — Internal Condition of tlie Territory — Its Elements of
Colonization — Native Popnlation, Nnniber, Distribution, Characteristics,
Disposition, or Kelation to the Several White Kaces Present.
I^HE Canadian-French settlement on French Prairie, in the Willamette valley, the
erection of a mill and farmhouses by Dr. John McLoughlin at Willamette Falls (now
Oregon City), and the cultivation of small tracts near the Hudson's Bay Company posts
at Vancouver and the Cowlitz, had been the only attempts at settlement hitherto made.
Oregon occupancy had been restricted to exploration and prosecution of the fur and
Indian trade. Henceforth the country is to become the home of American men and
women and children. Its occupants, — settlers, — are to develop its resources, clear its vast
forests, cultivate its valleys and prairies, and transform the region into American
communities and states.
Heterogeneous elements enter into its colonization, diverse in character and purpose,
yet all operating within the same period. For years each maintained an individuality, —
worked out its peculiar or particular mission.
Present in Oregon at the dawn of American settlement were its native population,
the Hudson's Bay Company with its trading-posts, establishments, trading and trapping
parties, holding almost exclusive possession of the country, — individual or independent
enterprises impotent to gain a foothold b_v reason of its vigilant and crushing competition.
Here were also retired sen-ants of the company, who were taught to regard themselves as
its tenants for land by them cultivated, whose loyalty to the company still continued.
Here and there, one who had never been in the service of the Hudson's Ba\- Compan}^
who had either dropped out of and remained after the expedition to which he had been
attached had abandoned the country, or some trapper or sailor, who had drifted in from
the Rocky Mountains or California. Then came the missionary colonies, and finally
immigration proper, — American settlers seeking homes. Such was Oregon at that period.
In brief, general terms must be considered: I. The native population; II. British
subjects, viz., officers and employes of the Hudson's Bay Company, and its discharged
servants, chiefly Canadian French ; III. A class who may be styled the independent
element, — trappers, traders and sailors never in the service of the Hudson's Bay Company;
IV. The missionary stations ; V. The immigrants, or American settlers.
The Indian bands or tribes adopted their names from a river, island, bay or other
natural feature of the country which constituted or gave identity to their vicinage.
Although sometimes combined under one great chief, yet legitimate recognition of
authority or clearly defined tribal boundaries did not exist. Their crude form of
government was patriarchal. Blood asserted its claim for chieftainship, and also for
recognition as medicine man. These offices of rank continued in families, and descended
( 17U )
I
NATIVE POPULATION OF OREGON. 171
from father to son. The relation of members of bands to each other, or between different
bands, were social rather than political. Combinations resulted from accident or caprice
rather than tribal ties or mutuality of grievance. War sometimes continued until a well-
defined tribe became destroyed, — its identity lost, — its survivors merged into another
nation. Their language was stilted in idea, and of complicated structure. Words had no
stable or uniform signification ; they differed in pronunciation and meaning not only
between bands, but were widely dissimilar in significance as used by individuals of the
same band. The race was vagrant. If fishing, their haunts were the seas, bays and
rivers; if berrying, they sojourned upon the plains; if hunting or trapping, the banks of
the streams or forests were their abiding places. They pitched their camp wherever
necessity prompted. They were homeless, landless, ungoverned except by a few traditional
customs, or where one, by superiority of will, exacted respect or provoked fear. Hostility
between rival bands necessitated chieftains, many of whom were born leaders, some orators
of great power, strategists of ability.
They sought not knowledge, required not skilled labor, were content to manufacture
their own utensils, — weapons useful in war or in securing game and fish. Nothing
indicated a purpose to establish homes, or to cultivate the soil, to acquire or to confer value
upon land by its occupanc}' or use.
The fur traders utilized them as trappers and hunters. So valuable was the Indian
and fur trade, that it created the greatest competition between the great trading companies
of Great Britain, Canada and the United States.
The occupancy of the territory west of the Rock Mountains which should, in
accordance with the spirit of the Joint-Occupancy Treaties of iSi8 and 1827, ^la-ve been
shared by citizens of the United States and subjects of Great Britain, was really, after
182 1, sole and exclusive by the Hudson's Bay Company. Citizens of the United States
who endeavored to participate in this trade and to obtain a foothold in the territory were
foiled in every effort, supplanted in every enterprise.
In 1S32, some Oregon Indians had expressed their desire to be taught about God.
Their condition seemed to endow them with peculiar claims to sympathy. The religious
world became alive to their spiritual needs ; and missionary organizations vied with each
other in efforts to establish missions west of the Rocky Mountains. Missionary colonies
were introduced as factors in Oregon occupancy and settlement. The effect upon the
native race of the presence of the two civilizers, trading and teaching, is an interesting
problem. Certain castes effectuall}' conciliated the native population, permanently retained
their good will, and secured their steady loyalty and entire subserviency. The American,
whether trader, missionary or settler, was not so successful. Of him the Indian was
suspicious, was hostile to his presence in the territory.
The Hudson's Bay Company had no occasion to acquire lands, nor to abridge the
Indian's haunts. Profitable trade depended upon the continuance of peace, — peace among
the Indians, and peace between the Whites and Indians. The officers followed alike the
dictates of policy and humatiity, cultivated the friendship of the Indian, and encouraged
their employes to assimilate with and thereby gain moral control over him. Under the
Hudson's Bay Company rule, the country throughout its vast area was safely traveled by
its single and unarmed white employes ; at every Indian camp the compan\''s men found
shelter and welcome.
The American settler was not less friendl}' disposed to the native, the American
missionary as disinterested as the French or Canadian priest ; yet, to the Indian mind, it
172 HISTORY OF PACIFIC NORTHWEST OREGON- AND WASHINGTON.
was apparent that American occupancy meant settlement. It demanded the transformation
of the wilderness into American homes. It involved the destruction of those elements
which give to a region all its value as regarded by the Indian. To effect this purpose, the
American needed to appropriate land, and to exclude others. The necessar}- concomitant
of American settlement was the banishment of the Indians from their customar}- haunts.
Game, their main subsistence, retired before its forward march. An aggressive civilization
drove before it the Indian himself, dissipating in its onward movement his very means of
sustenance. While really guiltless of depriving the Indian of an^-thing he owned, yet
American occupancy, expelling the native, lessened his means of acquiring a subsistence.
Settlement of an}' country inhabited by Indians necessitates conflicts. The savage
insists that the wilderness shall so remain ; the settler gives heed to the first great
command, "to subdue the earth and replenish it." The first cultivation of the earth in
Oregon had been immediately followed by the introduction among the Indians of that
dreadful destroyer of their race, fever and ague. It has become axiomatic that, with the
advance of white settlement, the Indian race disappears or decreases. Tribes most
powerful when Lewis and Clark visited the country had dwindled to mere bands,
preserving only their tribal name. This decrease cannot be attributed to wars between
hostile tribes ; for comparativel}- few had lost their lives at the hands of the white race, or
the wars maintained bj' the Whites against them. Fever and ague, small-pox, measles,
dysenterj"^, diseases of the lungs, contagious diseases, have been the scourges before which
the native population have withered away since the advent of the white race, and the
introduction of the customs and vices of a so-called superior civilization.
Since 1829, five-sixths of the Indians upon the Columbia river had been destro3-ed
b}' fever and ague. The great mortality may in a great measure be attributed to the
absurd Indian treatment of disease. When the fever had reached its highest stage, the
victim plunged into the cold river and remained immersed until the fever was allayed ;
the chill which followed was usuall}- fatal. In that year the shores of the streams
were strewn with native dead ; villages were depopulated ; and entire tribes vanished.
Indian authority asserts that this disease had been unknown to the Indians, —
unknown in the country, — until the 3'ear which marks the occasion of the first plowing
in Oregon (i). The scourge which proved so fatal that year (1S29) to the Indian race
extended along the upper coast and as far south as California.
The Aborigines comprised about sevent}^ bands or tribes, who may be thus classified:
South of the Columbia river and west of the Cascade INIountains . . 2,500
North of the Columbia river and west of the Cascade Mountains . . 7,600
East of the Cascades, who ma}- be properlj^ called Indians of the plains 16,900
27,000
These differed in their habits of subsistence and language, and are claimed to have
been separate communities. In geographical divisions limited b}- natural boundaries,
such as mountain chains, rivers and bays, the tribes closel}- assimilated ; and tribal
distinctions were but faintly defined. As a rule, the Indians east of the Cascade
Mountains were a nation of horsemen, their wealth consisting in horses. Man, woman
and child were mounted as they moved from place to place. Their entire use for the
horse was for traveling and moving camp ; that great friend of man was never used by
them in agriculture or othef labor. Hunting was the main dependence of the Indians
(1) Missionary Journal, Rev. S. Parker, 1.S35, page 17S.
CHARACTERISTICS OF THE NATIVE POPULATION. 173
of the plains ; fishing was an incident. West of the Cascade Mountains, the Indians
subsisted princii^all}' by fishing, although those more remote from the bays and rivers
made hunting a considerable pursuit. All gathered roots and berries, vyith which the
territory abounded. As those Indians who crossed the Rocky Mountains and hunted
buffalo were of the highest type, — the bravest warriors, — so, among the western Indians,
those who in their canoes braved old ocean to capture the whale were the most warlike
and formidable. The coast tribes are of moderate intelligence, dirty, insolent, deceitful
passionate, superstitious, addicted to gambling, and grossly libidinous. These qualities
are less marked in the interior nations. The Sahaptan family, including the Walla
Wallas, Nez Perces, Cayuses and Shoshones, are similar to the Indians east of the
Rocky Mountains, — cold, taciturn, high-tempered, warlike and fond of hunting (i).
They were very superstitious. In their primitive condition, they had no well-defined
idea of a Supreme Being. There is not in anj- dialect of an Oregon tribe a synonym
for the word or idea of God (2). They recognize the presence of a " Great Spirit," who
controls and regulates important events ; who would become displeased with their
shortcomings, and would visit on them misfortune as a punishment. There was an
" Evil Spirit," to whom was attributed all the evils to which they were subjected, which
were not the merited punishment for having provoked the anger of the " Good Spirit."
They were believers in a future state of existence, in which they would enjoy to an
increased degree the peculiar pursuits which in this life had conferred pleasure.
Gambling was the universal ruling passion, manifested by horse-racing, foot-racing,
athletic exercises, trials of skill and in games of chance. Theft was so prevalent a habit,
that its extent and universality alone depended upon the opportunity for gratification.
Subjects of diffei'euce were always referred to their chief; if be3-ond his capacity, if
any principle was involved, the question would be submitted to a white man. They
deferred to the white race ; simple-minded, ignorant, they looked up to the white man who
had come among them, — whom they had learned to know and fear. This characteristic
largely accounts for the jealousy and hostility of the Indians to American settlers. Two
white races with adverse interests were present in Oregon. From early in the present
century, the Indians had been acquainted with the hostility of interests between the
Americans and British, or, as they were distinguished by the natives, " Bostons " and " King
Georges," at which time those distinctive appellations had originated. Not onl}' two white
races were present, engaged in trade, but there were, also, two adverse and hostile systems
of religious belief, the teacher of each struggling to gain supremacy over the Indian
mind. How aptly the scriptural aphorism — "No servant can serve two masters: for
either he will hate the one and love the other; or else he will bold to the one and despise
the other" — defined the attitude of the Indian population towards the British and American
occupants of Oregon, — towards the Catholic and Protestant missionaries laboring therein.
For many years, the Indian west of the Rocky Mountains had become accustomed to
the Hudson's Bay Compan^^'s rule. They had learned to depend on the posts for many of
the necessaries of life. Many of their women were wives of servants of the company ; and
a bias for the British, by whom they had been treated with uniform justice, was strong, as
it was natural. Constituted as is the Oregon Indian, predjudice against, and suspicion of,
the rival white race, the American settlers, was the natural consequence of that allegiance
he had learned so thoroughly, and now so willingly accorded to the officers of the Hudson's
Bay Company, their servants and employes.
(i) Indians of Northwest America, — Hale's Not Ihut:^! America.
(2) Ibid.
Chapter XXII.
(1821-1846.)
Hudson's Bay C<»ini)aii.y Officers, Employees and Retired Servants — BiograiJhic
Sketches of Dr. John 3IcLonghlin, Peter Skeen Ogden, James Douglas and
VVllliani Fraser Tolmie, Chief Factors of Hudson's Bay Company — Notices of
Alex. C. Anderson, George B. Roberts and Archibald McKinlay — Early Settlers
of French Prairie — First Settlement at Oregon City.
WITH isolated exceptions, there were no white residents of Oregon Territory except
officials and attaches of the Hudson's Bay Compan}', or its discharged servants.
Previous to the coalition of the North West and Hudson's Bay Companies in iS2i,the
headquarters of the fur trade west of the Rocky Mountains had been Fort George (the
Astoria of the Pacific Fur Company).
In 1824, Dr. John McLoughlin, chief factor in charge of affairs of the Hudson's Bay
Company west of the Rocky Mountains, removed the compau}' headquarters to Fort
Vancouver. From 182 1, as head of the fur trade west of the Rocky Mountains, he had
really been governor of the entire Pacific slope, between California and Russian America.
The ablest among his pioneer contemporaries (i) eloquently sums up the virtues and
characteristics of this eminent friend of humanity. The eulogium is a justly merited
tribute to the man ; nay, it is much more. While it most admirably illustrates his method
of governing, and his wonderful administrative ability, it equall}' exhibits the influence
of that power then supreme in the region, and the company's philosophic solution of the
Indian problem. It vindicates also the only policy which has ever been successful with
the native population, wherever the white race have been compelled to encounter or deal
with them, or to live in their midst. Said his eminent friend :
" When I first saw Dr. McLoughlin (1S43), he was about sixt}^ years of age. His
head covered with locks white as snow, taken in connection with his large and commanding
stature and usually black dress, made his Indian name of ' Bald Eagle ' quite appropriate.
While his presence was dignified, his open, benevolent countenance banished awe ; and
his cordial manner invited confidence. Those under his command seemed to obey more to
please a revered father than through fear of a master whose power was absolute. I once
attended, in his compau}', the Catholic Mission Church near Champoeg. A large number
of the discharged Canadian servants of the compau}^ w^ere in attendance. Dr. McLoughlin
took his place near the door. He had a hearty greeting for each father and son, a cordial
kiss for each wife and daughter, as they passed into church. After mass the people
flocked to him, some to consult him about their private affairs, others his advice about
public measures or improvements, others to recount their losses and afflictions. For each
of the former he had a word of advice ; for the latter he manifested a warm sympathy.
Though this scene seemed to belong to another age, or at least another country, and
(l) Hon. Jesse Applegate, in a letter to Mrs. Frances Fuller Victor, October 15, 1S65.
( 174 )
BIOGRAPHIC SKETCH OF DR. JOHN McLOUGHLIN. 175
might be regarded at variance with republican equality, yet was it pleasant to see those
who had stood toward each other in the relation of master and servant for most of their
lives meet as parent and child after such relation had been dissolved, — strong evidence
that the master had been just and lenient, the servant faithful and true. But his kindness
was not confined to his old servants. He was a philanthropist in the strongest sense of
the term. He did not stop to inquire to what race, country or religion the sufferer
belonged. The needy was supplied, not with ostentation or prodigality, but with such
judgment and prudence as to make the alms not merely a temporary relief but a lasting
benefit.
" To each immigrant, British or American, Catholic or Protestant, who required
assistance, — and few did not, — he gave a helping hand, and in such a way as to be least
wounding to the feelings of independence and self respect. Those desiring to cultivate
the earth were supplied with seed, — a loan to be returned, when they were able, from their
own crops. Mechanics were furnished with tools ; and they, as well as common laborers,
were frequently employed by him in works that made but small return for the wages given.
Families could obtain provisions and necessaries, to be paid for at the end of the year.
The seeds loaned, though not in all cases gifts to the borrowers, were never returned —
nor expected to be — to the company's granaries ; but from year to year, as destitute
immigrants arrived, they were given orders upon some neighbor for seeds that had been
borrowed from the company. And thus the wheat, oats, potatoes, etc., which had assisted
the first settler in a particular location, were made to do a like service to the lately arrived
neighbor. Nor was the company much better paid for other advances. Before Dr.
McLoughlin retired frojn the company's service, uncollected debts of this character had
accumulated to the amount of fifty thousand dollars. As giving these credits was in
violation of the rules of the company, this large sum was charged upon the books of the
company to Dr. McLoughlin. Subsequently, however, the board of management at
London made an order, ' that, in consideration of the eminent services Dr. McLoughlin
had rendered the company, this charge against him was rescinded.'
" For those eminent services. Dr. McLoughlin deserves .a very high place in the
history of Oregon. They not only directly advanced the interests of the company for
whose benefits they were rendered ; but they benefited the Indians, and contributed in an
eminent degree to the safety and prosperity of Oregon in its first settlements. That
service consisted in his entire success as a pioneer in an unknown region, inhabited by
savages, a race who, though reduced to less than half of their strength while under his
control, have, under a different policy, cost the United States government much blood and
treasure, and still continue a great annoyance to the frontier settlements.
" Under his judicious management and humane treatment of the natives, without war
and almost without bloodshed, the Hudson's Bay Company, in comparatively a few years,
spread a network of its posts, and monopolized the trade of the vast region comprehended
between the Rocky Mountains and the Pacific Ocean, and forty-two degrees and fifty-four
degrees, forty minutes north latitude, then known as Oregon. In this region, inhabited
b}' numerous tribes, equally treacherous aud rapacious, if not so warlike as those east of
the Rocky Mountains, so hostile were they to the whites, that, upon the first arrival of
the compau}^, it was necessar}' for a guard of from thirty to fifty men, well armed, to
accompany each caravan. In 1843 ^"^ years earlier, a single person belonging to the
company or enjoying its protection could travel anywhere in safety to life and property.
In fact, the company's messengers to the different posts in the territory claimed aud
176 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
received the hospitality of any Indians they chanced to meet. Dr. AIcLoughlin ascribed
this success to a just appreciation of the Indian character. He considered them as the
children of nature, whose moral seutiments had not been developed by education ; and, as
children, the}' were to be treated kindl}-, dealt with honestly, and, when they transgressed,
punished certainh', if not severely'. He impressed upon them that trade and intercourse
would be as advantageous to them as to the company. If they thought otherwise, he had
no desire to establish trade with them.
"A strict discipline was imposed upon the officers and servants of the Hudson's Ba}-
Compan3^ The officer in charge of a post or part}' was alone authorized to deal with the
natives. Interference with their women (the so-frequent cause of trouble between the
Indians and Whites) was strictly forbidden and rigorously punished. Spirituous liquof,
that curse alike of civilized and savage, was never taken into the Indian country, save the
one gallon of brandy and two gallons of wine annually furnished each post for medicinal
purposes. By a judicious system of penalties and rewards, the Indians were taught to
speak the truth and respect their promises. Theft or murder was never suffered to go
unpunished. Tribes as well as individuals were stimulated to industry and good behavior,
by suitable presents and distinctions. If a theft or murder was committed, the tribe to
which the offender belonged was held responsible, and required to deliver him up for
punishment. If the tribe hesitated or delayed, trade was withdrawn until the thief was
surrendered. If a tribe refused to give up a murderer, war at whatever cost was waged
until full satisfaction was obtained.
" The provisional government of Oregon, in excluding liquor from the countrv,
merely sanctioned and continued the rule established by Dr. McLoughlin. An American
vessel had come into the harbor with a cargo of liquor, to trade with the Indians for fish
and furs. To prevent the evil consequences which such a trade would produce, at a heavy
pecuniary sacrifice. Dr. McLoughlin purchased the whole cargo and sent it out of the
country."
Dr. McLoughlin was associated at Fort \'ancouver, in the management of the interests
of the Hudson's Bay Company, with two chief factors, Peter Skeen Ogden and James
Douglas.
Governor Ogden was born in Quebec, Lower Canada. His father, Isaac Ogden, a
native of England, had settled in New York before the American Revolution ; continuing
loyal to the Crown, he removed to Canada. By profession a lawyer, for many years he
held the exalted position of Chief-Justice of that province. He had five sons, all of
whom became distinguished, and two daughters. Henry, one of the sons, was collector of
the port of New York, 1841-5, under Presidents Harrison and Tyler.
Peter Skeen commenced life as a clerk in the office of John Jacob Astor in New
York City. He pursued for a time the study of law ; but, owing to his harsh and
squeaking voice, he abandoned the profession, and, in iSii, joined the North West Fur
Company. Prior to the coalition with the Hudson's Bay Company, he had served west of
the Rocky Mountains. He continued in the service of the Hudson's Bay Company, and
for many years conducted a trading and trapping party in the Rocky Mountains. In
his numerous expeditions, he thoroughly explored what is now Montana, the entire
Yellowstone country, the heads of Snake river, Salt Lake, and Colorado and California.
In 1833, ^^^ ^^'^-^ placed in charge of a party for extending the business and establishing
permanent josts on the northwest coast. In 1S35, he was assigned to the New
Caledonia district, now British Columbia, then embracing eight posts, with Fort St.
y
-^
CAPT. HENRY ROEDER,
WHATCOM, W.T.
BIOGRAPHIC SKETCHES OF PETER SKEEN OGDEN AND JAMES DOUGLAS. 177
James on vStuart's Lake as headquarters. He there remained until 1S44, when he went
East upon a furlough. On his return, he was appointed senior member of the board of
management west of the Rocky Mountains, consisting of himself and chief factors John
Work and James Douglas. Dr. McLoughlin having retired, Governors Ogden and
Douglas continued at Fort Vancouver until 1849, when the latter removed to Fort Victoria,
on Vancouver Island. In 1852, Governor Ogden visited England, Canada and the United
States. The writer spent several days with Governor Ogden at the National Hotel
in Washington City, in the spring and summer of 1S52. The old governor recounted, in
his quaint and humorous manner, many adventures and experiences in the fur trade. At
that time he was the most genial, companionable and interesting of old men, full of jokes,
anecdotes and bonhomie. In the spring of 1854, he returned to Oregon. The steamer
upon which he was passenger went ashore in a fog, just south of San Francisco. From
this exposure and privation resulted a severe cold from which he never recovered. He
reached Oregon, and died at the residence of his son-in-law, Archibald McKinlay, Esq.,
at Oregon City, on the 27th of September, 1854. Governor Ogden was of a most
cheerful disposition, and possessed an amiable, equable temper. His subordinate
officers and voyageurs looked up to him as a father. For him they would undergo any
privation; with him the}- would willingly incur any danger. He was a natural leader of
men. Simple-minded as a child, but of most determined character, nothing could daunt
him. In the midst of greatest danger, he would have his jokes ; and seldom did he betray
anxiet}' or excitement, or allow his temper to become ruifled.
James Douglas (since distinguished as Sir James), the first and very efficient governor
of British Columbia, was eminently worthy to be the confrere of McLoughlin and Ogden.
Son of a West Indian planter, educated at Glasgow, Scotland, he entered the service of
the North West Company in 181 7-18 as an apprentice clerk. In 1835, having passed the
different grades of clerkship, he was made chief trader. In 1840, he had attained to the
rank of chief factor. His earlier services had been in the Athabasca country. Five
years had been spent in New Caledonia, after which he served at Fort Vancouver till his
promotion to the chief tradership. While book-keeper, it was part of his duty to
conduct alternate seasons the overland express between Fort Vancouver and York Factory,
on Hudson's Ba3^ In the performance of this dutj?, he several times crossed the Rocky
Mountains. From the lowest position to the exalted one in which he added luster to
the name of Douglas, every duty intrusted to him was conscientiously and well
discharged. From apprentice, to governor of a wealthy province, he conferred honor upon
each grade while occupied by him. He filled every station with dignity, and never forgot
what was due to himself and to those who had placed their confidence in his management.
He never acted upon impulse, but was always cool, wise, dispassionate and brave. He
leaves a name illustrious in Pacific coast history, dear to the early settlers of Oregon,
Washington and British Columbia. The American settlers of Puget Sound can never
forget his generous response in the winter of 185 1-2 in behalf of the Georgiana captives
on Queen Charlotte's Island. In the Indian war that visited Washington Territor}^
in 1855-6, Governor Douglas furnished the needed supplies, arms and ammunition to enable
its people to make a defense, neglected as they were hy their own government. He sent
thither an armed vessel to co-operate with the territorial authorities in protecting the infant
settlements of Puget Sound. The Indians were taught that in making war upon
Americans they warred against the white race. The Indians learned, as did our people,
that Douglas was a Christian and a white man in such a war. The savage was forever
13
178 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
disabused of his previous idea, that Indian hostility to the " Bostons " was meritorious in
the sight of a " King George."
The most prominent of the corps of Hudson's Bay Company oflBcials to whom was
intrusted the management of its affairs in the Puget Sound country was Dr. William
Fraser Tolmie. For a number of years before the advent of American settlers to that
region, he had been in charge at Fort Nisqually, near Puget Sound. During the
establishment of all the early settlements upon and in the vicinity of that marvelous inland
sea, he continued in charge of that post. The large tracts of many .square miles of land
claimed by the Puget Sound Agricultural Compau}' (whose agent he was), upon the
Nisqually plains and Cowlitz prairies, brought him in constant contact with the settlers ;
but his firm and discreet conduct, his forbearance and even temper, disarmed open hostility
and prevented combined opposition to his plans. He was respected for his loyalty to the
compan}''s claims, and his apparent real desire, as far as compatible with his relations to
the company, to promote the best interests of the settler.
He was born at Inverness, Scotland, Februar}- 3, 1812. He received a liberal
education in his native place, and at au earU' age commenced the study of medicine and
surgerj- in the Medical College of Edinburgh. Having taken his degree, while yet under
twenty-one years of age, he joined the service of the Hudson's Ba^- Companv, embarked
in the Ganyiuede, one of the company's vessels, for Fort Vancouver, where he arrived in
August, 1833. Dr. Tolmie there commenced his career as clerk and medical adviser. At
the time of his arrival, Governor Peter Skeen Ogden, chief factor, was fitting out an
expedition for the purpose of establishing trading-posts up the northern coast to the
Russian possessions. Dr. Tolmie was assigned to duty with this party as surgeon.
Having returned to Fort Vancouver (1836), he performed the duties of surgeon of that
post until 1841, when he was granted leave of absence, during which he visited his
birthplace. Within the year he had returned to the companj^'s service in North America.
He took passage in one of the company's vessels to York Factory on Hudson's Bay, and,
shortly after his arrival, journeyed overland to Fort Vancouver. Upon reaching that post.
Dr. Tolmie was assigned to Fort Nisqually, having risen to the rank of chief trader.
American settlers upon Puget Sound, United States army officers on duty or who
visited Fort Steilacoom, government officials on dut}- in the territor}-, persons passing
through the country or transacting business on the sound, in fact, all who were here
in early days, will cheerfully attest the genuine hospitalit}- of Dr. Tolmie. He was
ever the genial companion, the true-hearted gentleman. Perhaps of all persons in the
country at that time best informed as to its resources, its facilities for travel, yet he was
ever willing to impart information, and to give advice and assistance where necessar}-.
During the Indian outbreaks occurring on Puget Sound previous to and leading up to the
great conspiracy and war of 1855-6, he rendered mo.st valuable services to the territorial
authorities and the settlers of both Oregon and Washington in pacifs'ing the Indians, or
in bringing them to punishnient for their misdeeds. Dr. Tolmie was a thorough
and accomplished Indian linguist. He studied Indian dialects, Indian customs and
characteristics con aiuorr, but also as an auxiliarj- in tlie company's business. None
more than he thoroughly understood Indian character ; and to none more than he did the
native population award respect and obedience. That influence which he had gained over
the Indian mind was always used for the benefit of the companv, and the white race. To
the Indian he was like an affectionate father; when punishment became necessary, it was
BIOGRAPHIC SKETCH OF WILLIAM FRASER TOLMIE. 179
SO visited upon a malefactor, under his administration, that it rather served as a lesson
than an act of retribution. The American settlers on Puget Sound were greatly indebted
to him for his ever-ready willingness to investigate their grievances and, when deserved,
to redress them. By judicious exercise of that power over the native population, he
greatly assisted in the preservation of peace, saved the remote and weaker settlements
from the horrors of Indian barbarity, and rendered the country safe for the American
settler with his family to make a home upon Puget Sound.
He was a ripe scholar, an able writer, an indefatigable and methodic collector of facts
and statistics; in brief, he was a good citizen and an honest man, true to himself, and to
those in whose service he was enlisted, — true to his friends, true to, and sympathetic with,
the Indians who looked up to him for protection and counsel, and who always trusted
him ; nor was that confidence reposed in him by the Indian ever abused nor misplaced in
his quarter-century's intercourse with the tribes of Puget Sound.
He was a thoroughly moral man, of irreproachable personal habits and amiability of
disposition. He loved mankind and the lowly of earth. He hated oppression, and was an
abolitionist. He despised any influence which dragged down humanit}' ; and the cause of
temperance found in him a staunch and consistent advocate, without cant or hypocrisy in
his manly nature. He practiced what he preached. In his family he not only set a good
example to his numerous offspring in forbidding the use of intoxicants, but in his walk
through life himself consistently abstained. It was his conviction that the use of
liquor was hurtful to health and promotive of vice and disease. Such being his belief, he
was the ardent and consistent advocate of temperance. Those who were honored by being
of his circle of friends will hear with painful surprise that he was ever charged with
professing a code of morals, as proper for other men, which he himself violated (i).
Shortly after the Fraser river excitement had made Victoria a growing British
emporium of Northwest America, Puget Sound lost him as a citizen. He went to
Vancouver Island in 1859, and continued in the service of the Hudson's Bay Company
until 1870. Dr. Tolmie served his fellow citizens of British Columbia in the colonial
legislature, and held numerous offices of honor and trust, in all of which he acquitted
himself with credit and to the satisfaction of the people. Much of his later life was
devoted to literary labor, — to his favorite investigation of Indian dialects and customs. He
found time to exhibit a spirit of enterprise. He labored to benefit his neighbors, and was
highly esteemed b}' the community in which he lived. Full of years and beloved by all,
this philanthropist, friend of the Indian and of the early American settler, went to his rest
at the ripe age of three-quarters of a century.
Other officers of the Hudson's Bay Company earned distinction by meritorious service,
and entitled them.selves to grateful remembrance for hospitality, kindness and assistance
to our fellow-countrymen. In our sister province of British Columbia, several of them
subsequentl}- acquired distinction in affairs of state. Let a few be named who never lost
tlieir interest in the territory so long their home: The veteran Archibald McKinlay, Esq.,
who held Fort Walla Walla from 1841 to 1S46, so well known and highly esteemed b}'
ancient Oregonians, is rounding off an eventful and useful life at Lac la Hache, in
British Columbia; Alexander C. Anderson, who half a century ago was on duty on the
Columbia river and upper coast, a painstaking writer of distinguished learning and ability,
long recognized as the oracle of the history of those early times ; George B. Roberts, who
I 0 See Hubert Howe Bancroft's Works, Vol. .XXXII, History of British Columbia, page 303.
180 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
served the company so zealousl}- and well, long before Americans began to settle in Oregon,
long the respected Probate Jndge of Wahkiakum count}-, who resided at Kathlamet. Of
those venerable men, McKinlay alone survives.
" They were men, take them for all in all,
We shall not look upon their like again."
Of those who rose to the rank of chief factor, chief trader or even clerk, instances
are rare of retirement from the company's service to settle in the countr}'. But those
who were termed servants, including the farmers, dairymen and men-of-all-work who
constituted the enlisted emploj-es, after having served their full term of five j-ears and
probably a re-enlistment, became settlers of Oregon. Of these, many were natives of
Scotland and the Orkney Islands ; the remainder were Canadian trappers and voj-ageurs.
This latter class, when retired, as alread)' stated, located upon French Prairie, in the
Willamette valley, and upon Cowlitz Prairie ; a very few settled upon the Steilacoom
Prairie, near Puget Sound.
The number of British subjects in Oregon as then defined, emplo3^es of the
Hudson's Baj' Company and its retired servants, approximated twelve hundred.
French Prairie, about sixty miles south of the Columbia river, bounded on the west
and north by the Willamette river, was the first permanent settlement in the Willamette
valley, or with perfect propriety it might be said, in Oregon Territory, /. r., that vast
region west of the Rocky Mountains, bounded south by the California bouudary,
forty-two degrees, and north b}' the Russian line, fiftj^-four degrees, forty minutes.
Etienne Lucier was the first settler. He had been a trapper, who had come to Oregon
in 1811, in the overland party of John Jacob Astor's Pacific Fur Company, commanded
by Wilson P. Hunt, one of the partners. His first settlement was on the east side of the
Willamette, opposite to where Portland now stands. There he remained for several years,
when, in the fall of 1S27, he took the tract on French Prairie, and became the pioneer of
that settlement. Before the spring of 1830, the free trappers (those who were engaged in
trapping, not enlisting in the service of the Hudson's Bay Company) had selected farms
upon the French Prairie. Several of the old retired servants of the North West Company
had also made .settlements.
From the parish register of St. Paul's church, which contained the names of earl}-
settlers of French Prairie, their birth, age, and date of death, Hon. Willard H. Rees, in his
most valuable annual address upon " The Early Settlements and Settlers of French Prairie,"
delivered at the Pioneer's Annual Reunion of Oregon, 1S79, gives a most interesting
extract, furnished by Rev. B. Delorme, pastor: " Francis Quesnel, died 1844, aged 65
years. Philip Degie, born at Sorel, Canada, 1739, died February 27, 1847, aged loS years.
This oldest inhabitant first crossed the continent with Lewis and Clark in 1S05. Francis
Rivet, died September 15, 1852, aged 95, first came to Oregon with Lewis and Clark.
William Cannon, born in Pennsylvania in 1755, died in 1854, aged 99 3'ears. Etienne
Lucier, died March 6, 1853. Lewis Labonte, died in i860, aged 80 years. Joseph Gervais,
died July 13, 1861, aged 84 years. (Cannon, Lucier, Labonte and Gervais were free
trappers, and together came to Oregon, in 1811, in Wilson P. Hunt's overland party.)
Francis Dupra, died 1858, aged 99 years. Andrew Longtain, born in 1782, died in 1879,
aged 97 3'ears." Of this pioneer settlement Mr. Rees eloquently remarks : " French
Prairie, comparatively limited in extent, is nevertheless a prolific field abounding in many
stirring and important events in connection with the early history of Oregon. Here have
HON.CHA? C.TERRY.
SEATTLE. W.T.
EARLY SETTLERS OF FRENCH PRAIRIE. 181
lived and now lie buried two of that gallant band of pioneers wbo, with Lewis and Clark,
in 1805, followed the waters of the Columbia from their sources to the uttermost limits of
the west. Here were the homes of Gervais, Lucier and Cannon, and, on the west side of
the river, Labonte and La Framboise, four Canadians and two Americans, all Astor men,
who came to Oregon with Captain Hunt in iSii, some of whom were with Sir Alexander
Mackenzie, ' the first white man who ever crossed the Rocky Mountains.' In later
years (with the exception of La Framboise), these five free trappers were the first to
introduce the civilizing arts of husbandry in the valley of the Willamette. Here the
pioneer missionaries first proclaimed the salvation of the cross to the native tribes. Here,
too, in 1841, were held the first political meetings which eventuated, in 1S45, in giving to
the whole people of the territory a provisional form of republican government, a work of
Oregon pioneers, the history of which must endure while the ' River of the West ' shall
continue to roll his waters to the briny deep."
In the fall of 1830, the first servants of the Hudson's Bay Company, retired by Dr.
McLoughlin, had commenced settling upon French Prairie. These servants, Canadian
French, were married to native women ; and some were about to have united themselves to
the native tribes to which their wives belonged. Through the influence of Dr. McLoughlin,
such scheme was abandoned ; and they were induced to take claims and cultivate farms.
Some of these retired servants had also about this period commenced to occupy lands
adjacent to the farms of the Hudson's Bay Company, upon the Cowlitz Prairie, north of
the Columbia river.
While Dr. McLoughlin was thus encouraging the retired servants to engage in
agriculture on French Prairie, he himself, in 1829, commenced the erection of a saw-mill
at Willamette Falls (now Oregon City). The employes engaged in getting out the
timbers wintered there in 1829-30. Progress was made in blasting out a mill-race, four
houses were built, and the timbers prepared for the saw-mill and a store.
Chapter XXIII.
(Ante 1836.)
Aoiericaii Settlements — Personnel of Independent Residents of Oregon — First
Expedition of Captain N. J. Wyetli — First School West of Rocky 3Iountaius
— Second Exjiedition of Captiiin Wyeth — Ewing Yonng and Ilall J. Kelly —
Immigrants of 1835.
PRE\'IOUS to the establishment of the Oregon Methodist ]\Iission in the Willamette
valley, exclusive of those whose presence might be attributed to the Hudson's Ba}-
Compan}', there were not to exceed fifteen white inhabitants, west of the Rock}- Mountains
and between forty-two and fift3'-four degrees, forty minutes north latitude. Those were
persons who had remained from vessels which had entered the Columbia river, or had
come from the Rock}' Mountains or California. They were mountain meu, trappers or
adventurers and sailors. As a general rule, they were married to native women.
(1832.) Of the overland party of Captain Nat. J. Wyeth, of Massachusetts, ten
remained after Wyeth's return in 1833, to Boston, of whom Solomon H. Smith, John Ball and
Calvin Tibbetts settled in the Willamette valley. On the ist of January, 1833, John Ball
opened a school at Fort Vancouver, for Indian and half-breed children. He continued
teaching until March, and was then succeeded by Solomon H. Smith. This was the first
school taught west of the Rocky Mountains.
(1834.) Of Wyeth's party of 1834, there settled in the Willamette, James A. O'Neill,
Thomas J. Hubbard and Courtney M. Walker. In November, came Ewing Young and
Hall J. Kelly, with a party of eight others, among whom was Captain Joseph Gale,
afterwards one of the executive committee or board of three governors of Oregon, uuder
the first Provisional government.
Of American names connected with this period of Oregon settlement, none are more
notable than those of Ewing Young and Hall J. Kelly.
Ewing Young was an adventurer of great force of character. Kelly was a visionar}'
enthusiast. The latter, en route to Oregon via Mexico and California, met Young at
Monterey, and induced him to come to Oregon. Young brought a herd of California mares
and horses. He erected a dwelling on the Willamette river opposite Champoeg, the first
house built upon the west side by an American. He entered Oregon uuder a cloud, attributed
to the circumstance that in the party were reckless characters, who, after the California
settlements had been left, returned to ranches and drove off horses. When those
depredations had become known to Figueroa, Governor-General of California, and that
the destination of Young and his party was Oregon, that official denounced them as horse
thieves.
The Hudson's Bay Company's sloop Cadboro was then at Monterey, bound for Fort
Vancouver. By this vessel. Governor Figueroa notified Governor McLoughlin of the
coming to Oregon of this party, accusing them of having stolen horses. The sloop
( 182 )
EWING YOUNG AND HALL J. KELLY. 183
had arrived at Fort Vancouver before Young and his party. The charge of horse stealing
had preceded Young's arrival. Dr. McLoughlin says : " I refused to have communication
with any of the party. Young maintained he had stolen no horses, but admitted that
others had. I told him that might be the case; but, as the charge had been made, I could
have no dealings with him till he cleared it up. But he maintained to his countrymen,
and they believed that, as he was a leader among them, I acted as I did from a desire to
oppose American interests."
Courtney M. Walker, in a paper of the proceedings, 1881, of the Oregon Pioneers,
characterizes Ewing Young as "a very candid and scrupulously honest man, thoroughgoing,
brave and daring." He writes: "Mr. Young being in want of some supplies, and having
a few beaver skins, sent them to Fort Vancouver to exchange for his supplies. But Dr.
McLoughlin having been apprised, b}^ no less authority than the Governor-General of
California, that Young was at the head of banditti, refused to purchase the beaver, but
sent Mr. Young the articles which he had wished to purchase, besides sending him
several articles of refreshments for his table. But when the articles came, Young
indignantl}- refused to receive the goods or refreshments, but went in person to
Vancouver. The Doctor satisfied Mr. Young that he could not, beiug at the head of
a company trading directly with California, have acted otherwise than to have given
credence to the charge by the Governor of California. On the return of the Cadboro to
California, Dr. McLoughlin wrote to the Governor of California, as also did Mr. Young.
The ensuing fall the Governor wrote to Dr. McLoughlin and Mr. Young, withdrawing
the charges against Young, and regretting the occurrence."
Mr. Walker refers to Hall J. Kelly and the hospitable attentions to him at Fort
Vancouver, and the free passage to the Sandwich Islands. He then obsei-\'es: "On Mr.
Kelly's arrival at Boston, he published an account of his travels, and dwelt with a good deal
of severity upon the of&cers of the Hudson's Bay Company, and how he and Young had been
treated. This pamphlet was sent to the United States' Consul at the Sandwich Islands, who
was instructed to make the necessary inquiries about Young and other citizens on the
Columbia. About this time Lieutenant W. A. Slacum, United States Navy, arrived at
Oahu ; and the United States' Consul chartered a little brig and got Lieutenant Slacum
to come and see, etc." (This was in the winter of 1S36.)
This article of Walker possesses value, as it doubtless gives Young's version of his
interview with Dr. McLoughlin. It also exhibits the view entertained by early settlers,
of the purposes of the mission of Purser William A. Slacum, United States Navy, special
agent appointed by President Jackson.
Hon. M. P. Deady, foremost among reliable and painstaking collectors of the
historic data of early Oregon, thus wrote in 1867 of Ewing Young: "He was a man of
mark, fond of adventure, and endowed with force of character. He was a native of
Tennessee. At an early age we learn of him in New Mexico, where he married a native
woman, by whom he had a son, Joaquin Young. For some reason, he left his Mexican
partner and progeny sa)is ceremoiiic. In the summer of 1834, at Monterey, he was
induced by Hall J. Kelly, of Boston, to accompany him to Oregon. The party arrived
at Vancouver in October, 1834. Mr. Kell3''s health failed him, and he soon returned
home by the way of the Sandwich Islands. Young settled in Yamhill county, where he
died in the winter of 1840-1. He left no relations in the country, nor in the world, so
far as was then known. He died intestate, and left what was considered a large estate.
This circumstance, and the necessity of providing for the disposition of this propert}-, led
184 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
to the first attempt to form a Provisional government in Oregon. A committee, chosen
at Young's funeral, called a mass meeting of the inhabitants of Oregon south of the
Columbia river to be held at the Methodist Mission in the Willamette valley, on the 17th
and i8th of February, 1841, to take steps for the government of the communit}-, and to
provide for the disposition of the estate of Ewing Young.
"The meeting was held pursuant to call, and comprised nearly all of the male
adults south of the Columbia. It was fitl}- called ' The Primarj- IMeeting of the People
of Oregon.' The Rev. David Leslie acted as chairman. The meeting, after electing
officers, adjourned to meet on Thursday, June 11, 1841.
" The Provisional authorities took possession of the Young estate. In the message
of the Executive Committee to the Legislative Committee, dated Willamette Falls,
December 15, 1844, and signed Osborne Russel and P. G. Stewart, it is stated that the
estate had been settled; and the net proceeds amounted to the sum of $3,734.26, which sum
had been loaned to various individuals.
" December 24, 1S44, the Legislative Committee passed an act directing the funds
of the estate to be collected and paid into the treasury of the Provisional government,
pledging the faith of the government that the same should be refunded whenever claimed
bv the heirs or creditors of Young. By the same act, $1,500 of the funds of the estate
were appropriated for the building of a jail at Oregon City. The jail was dulv erected,
but after some ^-ears was destro3-ed by fire. This was probably the first jail west of the
Missouri. So it may be said that the early Provisional government in Oregon grew out
of the death of Ewing Young, and that its treasur}- was first filled from the funds of his
estate."
For Hall J. Kelly, merit has been claimed for inviting attention to the American
colonization of Oregon. He was born in Gilmanton, New Hampshire, in 1789. In 1827,
then teacher of a public school in Boston, he had become zealously interested in the
territory west of the Rocky Mountains. He addressed a memorial to Congress, urging
"the founding of a new republic of civil and religious freedom on the shores of the Pacific
Ocean, and extending the blessings of Christianit}' to the Indian tribes."
Lentil 1828-9, his colonizing efforts were restricted to lecturing, memorializing State
Legislatures and Congress, and through the public journals. He made several abortive
efforts to organize a colon}- to proceed overland to the territor}-. From 1820 to 183 1, he
devoted his time to procuring a charter from the Massachusetts Legislature. At the
session of 1830-31, he secured the incorporation of "The Society for Encouraging the
Settlement of Oregon Territory." A large number enrolled to go to Oregon; two only,
John. Ball and Calvin Tibbetts, who accompanied Captain Wyeth on his first expedition,
ever reached Oregon.
Kelly then made an ineffectual effort to send a part}- by sea to Puget Sound. With
a small party, he went to the City of Mexico via Vera Cruz, and thence to California. His
party having abandoned him in Mexico, with a single companion he overtook a part of the
trapping party of the Hudson's Bay Company, about 200 miles from San Francisco,
returning to Fort \'ancouver. Joining them, in a few days the remainder of the party
were overtaken, with whom was Ewing Young.
The treatment which Ewing Young received at Fort Vancouver has been related.
Dr. McLoughlin says : " I treated all of the party in the same manner as Young, except
Kelly, who was very sick. Out of humanity I placed him in a house, and attended on him
till he left iu 1836, when I gave him a passage to Oahu in one of the company's vessels.
HON. J.W.NORVAL,
SUMMERVILLE.OR
HON.RUFUS MALLORY,
PO RTLAN D, O R.
IMMIGRANTS OF 1835. 185
On his return to the States, he published a narrative of his voyages, in which, instead of
being grateful for the kindness shown him, he abused me and falsely stated that I was so
alarmed with the dread that he would destroy the company's trade that I had kept a
constant watch over him. This was published in a report made by him to the United
States Congress."
Kelly, having returned to Massachusetts, devoted much time to publishing matter
relating to the climate, soil and advantages of Oregon. Session after session, he labored to
secure a congressional grant of land in Oregon in remuneration for his services in behalf
of the colony, but failed. Some charitable friend, noticing his death, which occurred on
the 20th of December, 1S73, thus refers to his latter life: "Doomed and disappointed,
poor and needy, unable to stem the adverse tide, he became so irritable as to drive his wife
and family from him. Having a small house and a little land, heavily mortgaged, he has
lived for more than twenty years a hermit's life, brooding over his troubles. His mind
partially gave way ; and for j^ears, in every little trial even down to his last hours, he
traced, through every unfriendly act or annoyance, the persecutions of the Hudson's Bay
Company, through their emissaries, who, he believed, still followed him with relentless
hostility, because of his early efforts in colonizing Oregon. No efforts of friends or
relatives could induce him to leave his hermitage on the side of the hill facing the common
at Three Rivers, though they offered him a good home and the comforts of life."
For 1835, a single expressive quotation from the memoranda of Dr. McLonghlin
exhibits the character and progress of settlement : " Five English and American deserted
sailors, having lost two of their number murdered by Indians, made their way from
California to Willamette."
Chapter XXIV.
(1834-1844.)
The Oregon Methodist Mission — Visit of Flathead Indians to St. Louis, Aslcing
Missionaries — Formation of Oregon Metliodist-Ejjiscopal Mission — Kev. Jason
Lee and Associates Journey to Oregon, 1834 — Establishment of Mission in
Willamette Valley — Schools Established at Willamette and Fort Vaiiconver —
Missionary Elforts to Clu-istianize Indians — Arrival of Dr. Elijah White, Kev.
David Leslie and Others — Status of the Mission — It Abandons the Indian
Work — The Oregon Institute Founded — Prominent in Every Popular Enterprise
— Kev. Jason Lee Succeeded by Kev. George Gary — Character of the Mission
Changed — Eflects of Presence of Methodist Mission in Oregon.
IN THE fall of 1832, four Flathead Indians accompanied a returning party of Rocky
Mouutain trappers to St. Louis. Two of the number had died in that city; and the two
survivors started upon their return, but never reached their people. These Indians had
communicated to General William Clark, then residing at St. Louis, that they had been sent
East by the chief men of their tribe to solicit that the " word of God '' might be taught to
their people. The publication that such an appeal had been made, the wearisome journey
to carr}^ the petition, the tragic fate of the messengers from the knowledge-craving tribe,
invoked the zealous interest of religious denominations ; it created at once a sensation in
missionar}' circles. Wilbur Fisk, D. D., President of Wesle3"an University, eloquently
urged immediate response. The Board of Missions of the Methodist-Episcopal Church
invited laborers. Rev. Jason Lee and his nephew, Daniel Lee, of Stanstead, Lower
Canada, members of the New England Conference, volunteered ; and the former was
appointed Superintendent of the Oregon Mission.
(1833.) The Board, October i6th, appropriated three thousand dollars for an outfit,
and authorized the emploj-ment of two la}' members. The Messrs. Lee repaired to Boston
to consult Captain W3'eth, who had but latel}- returned from Oregon. That gentleman was
about dispatching the brig A/aj' Dacrc to the Columbia river ; the next season he proposed
to lead a party across the continent. Thus was afforded the opportunit\' to ship their
outfit and to travel overland with a safe escort. Cyrus Shepherd, of Lynn, Mass., and
P. L. Edwards, of Richmond, Mo., were selected as lay members; and Courtney M. Walker,
of the latter place, had been hired for one year.
(1834.) On the 2Sth of April, the missionaries left Independence, Mo., with Captain
N. J. Wyeth's second Oregon expedition, and on the 13th of September reached Fort
Vancouver. The May Dacre had alread}- arrived and was lying in the Columbia, near
the mouth of the Willamette. The purpose had been to establish this mission among
the Flatheads ; but Superintendent Lee counseled wdth Dr. McLoughlin, who urged that,
to accomplish anything with the Indians, their establishments must be where they could
collect the Indians around them. They could teach them to cultivate the ground and live
( 186 )
THE OREGON METHODIST MISSION. 187
more comfortably tlian by hunting. Wbile doing this, they should teach them religion. He
suggested that the Willamette valle}' was the proper field ; and his recommendations were
adopted.
Having received their supplies, leaving Mr. Shepherd at Fort Vancouver on account
of sickness, the Lees, Mr. Edwards and Mr. Walker ascended the Willamette river sixty
miles. On the 6th of October, upon the east side of the river, they established the first
mission station in Oregon. Their building, thirtj'-two by eighteen feet, was readj^,
November 3d, for occupancy. A manual-labor school was immediatel}- opened for
Indian children.
(1835.) A similar school had been established by Mr. Shepherd at Fort Vancouver,
and continued till spring, when he joined the mission. In October, Rev. Daniel Lee,
impaired in health, visited the Sandwich Islands ; and Mr. Edwards took charge, during
the winter, of the mission school at Champoeg.
(1836.) The increased number of scholars required additional buildings. At this
time missionar}' efforts were largel}^ devoted to preventing the introduction of ardent
spirits into the Willamette valley and among the Indians.
The Oregon missionary undertook to teach the gospel to a savage race who had
neither knowledge nor conception of Christianity. The Oregon Indian had accustomed
himself to the presence of the trader, the trapper and the sailor; but such inteixourse
was transient ; nor was its purpose moral or mental improvement. The missionary was
the first to teach, to christianize, to civilize. His was the herculean task of transforming
Indian character, of mollifying savage nature, of preparing the Indian mind for the
presence of a superior name with entirely variant purposes of life. To an unappreciative
people, the missionaries urged the adoption of an aggressive civilization content onl}- with
supplanting every custom, tradition and characteristic of that people. To accomplish any
result in such a field, the missionary must tangibly demonstrate to the savage the
advantages which attend Christian conduct. The Indian must be convinced that the
daily life of the white men under Christian influences exhibited evidence of a higher
scale of happiness than he enjoyed. Missionary duty also found fruition in adapting the
country for the homes of civilization. To successfully accomplish such results, how
plausible the theory that the mission required to be self-sustaining and independent.
Within itself should exist the ability to subsist its members. People to whom it ministered
should be dependent upon it, — should look up to it and should co-operate with it. The
Methodist Board, recognizing this policy, as promptly reinforced its Oregon Mission as
the means of communication afforded.
In May, Dr. Elijah White and wife, William H. Wilson, Alanson Beers and wife,
Misses Downing and Johnson, arrived at the mission (i). They had sailed from Boston
in June, 1836, in a whaling vessel, and reached the Sandwich Islands, where they were
delayed several months waiting for a passage by a Hudson's Bay Company's vessel to the
Columbia river.
In September, the mission was further strengthened by the arrival of Rev. David
Le-slie and family. Rev. H. K. W. Perkins and Miss M. J. Smith. On Christmas, a general
meeting was convened; and the Oregon Missionary Society was formed. A new station at
The Dalles, among the Wasco Indians, to be called Wascopam, was ordered, to which was
assigned Revs. David Leslie and H. K. W. Perkins. Superintendent Lee was selected to
go East and solicit aid and additional missionary force.
(I) On the i6tli of July, Rev. Jason Lee married Miss Ann Maria Pitman ; and Cyrus Shepherd married Miss Susan Downing. The ceremony
was performed by Rev. Daniel Lee in a grove in front of the Mission House.
188 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
(1838.) Ou the 26th of March, leaving the mission in charge of Rev. David Leslie,
Rev. Jason Lee started East accompanied by P. L. Edwards, a Mr. Ewing of Missouri, and
two Chinook Indians (i).
With the two Indians he reached New York in the fall. The Methodist Board
resolved (November 6th) to send five additional missionaries, one ph3-sician, six mechanics,
four farmers, a steward and four female teachers.
During the winter of 183S-9, missionary meetings were held bv Lee and his Indian
companions through the Northern States. Including appropriations made by the Board,
over fort}' thousand dollars were contributed. Agricultural implements, a saw and grist
mill, trading goods, a complete outfit for a colony, were purchased. On the 9th of October,
1S39, the reinforcement, consisting of fifty-two persons, sailed from New York in the ship
Lausanne^ Captain Spalding : Revs. Jason Lee and J. H. Frost, A. F. Waller, W. W.
Kone, L. H. Judson, Josiah L. Parrish, J. P. Richmond, M. D., and Gustavus Hines (2),
preachers; Dr. I. L. Babcock, physician; George Abernethy (3), steward and accountant;
Messrs. W. W. Ra3nnond, H. B. Brewer, James Olley, H. Campbell, and their families;
Misses Ware, Clark, Phelps and Lankton, teachers. In the colony were sixteen children.
During this 3'ear, Rev. David Leslie and William H. Wilson established a station near
Fort Nisqually on Puget Sound. The Lausanne arrived at Fort Vancouver on the ist of
June, 1S40. On the 13th, a general meeting of the mission was held. Dr. Richmond
was assigned to Nisqually, Mr. Frost to Clatsop, Messrs. Hines and Kone to the Umpqua
countr}'. Dr. Babcock was located at Wascopam. The mission colony now numbered
sevent3--five, twenty of whom w^ere children. That the founders of the Oregon Methodist
Mission were actuated by the philanthropic motive of civilizing and christianizing the
native population, is apparent. That the IMissionary Board duly appreciated the
remoteness of the territor}-, the difficult}- of obtaining supplies, and necessar}' dependence
on the Hudson's Bay Compau}', are manifest in the liberality in reinforcing this mission.
That the missionaries selected were prompted by similar laudable motives ma}' be
charitably believed. The Oregon Mission entered upon its career, embracing men of
ambition, men of force, men who could and did see a great future for Oregon, if erected
into an American State.
A foreign corporation was their neighbor, exercising control over the Indian
population, as also over the majority of the white population then present in the territory.
The one was British and worldly, the other American, claiming to be actuated by higher,
holier, purer motives. So long as the mission confined itself to religious and educational
pursuits, — so long as it continued missionary in its labors, — it enjoyed the sympathy and
received the direct aid and support of the Hudson's Bay Company.
Indian civilizing soon ceased to be an occupation of the mission. The work changed
to ministering to the white settlers who were gathering in the Willamette valley. As the
mission strengthened in influence with those settlers, its power became a political lever as
much as moral agency. The missionaries had commenced their labor in the education
and care of Indian children. Time and money had been liberally expended, at first with
seeming assurance of success. The building of the enlarged mission schoolhouse in
1842, at an expense often thousand dollars, had been succeeded by a remarkable mortality
of Indian children. A number of them died, which occasioned a number to run away, and
(i) On the 26th of June, 1S38. Mrs. Jason Lee gave birth to a son,— Oregon's first-born American white male. On the 27th, mother and child
became occupants of one tomb, — brief but sad chronicle of the birth and death of an Oregon first born ,— the first death of a woman of our race west
of the Rocky Mountains.
(2) The historian of the Oregon Mission, — author of a most entertaining narrative of the niissionarj' voyages.
(3) Governor George Abernethy, of the Oregon Provisional Government, 1845-6.
STATUS OF THE MISSION. 189
the parents of others to withdraw their children. The attempt to educate the Indian youth
had received its quietus. As the only rational hope of transforming an Indian is in
alienating him while a youth from Indian customs and traditions, so, by the refusal of
Indian youths to submit to missionar}- teaching, Indian civilization ceased to be a part of
missionary labor. The missionaries continued to receive and instruct those Indians who
would receive instruction; but their efforts being unappreciated by the native, they turned
their active attention to the American settlers, — the white population who had commenced
the transformation of Willamette valley into an American community. Here were their
own race engaged in mechanical branches, in cultivating the extensive mission farms, in
caring for their rapidl}- increasing stock of cattle and horses The mission had developed
into a wealth-producing community. Its power was to continue by its acquiring and
retaining influence with the increasing population. It had become a candidate for popular
favor. From its farms, stores and granaries, it could furnish sustenance, siipply necessary
implements for the pursuit of husbandr}^ or mechanical vocations. It could not only
furnish employment, but could supply its employes with all the necessaries of life.
The community was as dependent upon it for temporal wants as for spiritual food. The
reinforcement of 1840 no longer meant Indian mission ; it was colonization, power, —
moral, social, political.
The world will harshl}' criticise those who, having dedicated themselves to a service
which required self-denial and sacrifice, abandoned such for more tasteful or more profitable
employment, even though the latter proved more practicable of good results. The erection
of mills, the successful pursuit of trade, the cultivation of lands, the holding of office, are
all benefits to our race, and are also sources of wealth. But such pursuits will not be
accepted as missionary labor. Large tracts of land had been taken by the mission for
itself; and each member had located his section of land. The mission supported a large
force of employes. The country was without established government or laws ; there was
no agency to restrain lawlessness but the presence of the missionaries. It was a
recognized associate governing power; and the settler early learned to look up to the
mission, to respect its authority, to defer to its leading members. Nor was it slow to
assume authority thus voluntarily acknowledged, to exercise that control to which the
settler had voluntarily submitted. Thus its members acquired influence in the community.
If greed for gain or personal ambition may have prompted some to use that power
inconsistently with the precepts of the Gospel which they were sent to Oregon to impart
to the Indians, the individual should be condemned ; the mission should only be censured
where it participated in the wrong, shared in the profit, or suffered such wrong to pass
unrebuked.
Located in the Willamette valley, the mission became the nucleus of American settlers.
It sympathized with them. Its leading members mingled with the people. The mission
molded public opinion. As the country increased in population, its purposes materially
changed. Education became a subject of vital popular interest. The little community
looked to the mission for educational opportunities. Jason Lee called a meeting at his
residence on the 17th of January, 1842, of the members of the mission and all friendly to
education. Dr. Babcock and Revs. Leslie and Hines were appointed to report a plan
for an institution of learning. On the ist of February, 1842, an adjourned meeting
was held at the Oregon Mission House. Friends of education, irrespective of sect,
participated, prominent among whom was Rev. Harvey Clark, Congregationalist. Thus
and then was inaugurated the OREGON Institute.
190 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
It was to commence as an academical boarding school, to be converted as early as
practicable into an university. Although designed for white children, a person of color
who produced a certificate of good moral character, and could read, write and speak the
English language, could gain admission. It was to be placed under the supervision of
some evangelical branch of the Protestant Church. Until such denominational character
should be ascertained, subscribers of fifty dollars and upward were authorized to transact
the business. A fifty-dollar subscription conferred the right to participate in meetings of
business. Five hundred dollars entitled its subscriber to a perpetual scholarship. When
subscriptions should amount to four thousand dollars, buildings were to be erected.
Subscriptions were payable, one-third cash, and the remainder in cattle, lumber, wheat,
or property delivered at the institute at market prices. Money was then unknown in
Oregon. Cash meant accepted orders either upon the mission at Oregon Cit}-, or upon
the Hudson's Bay Company at Fort Vancouver. Four thousand dollars were promptly
subscribed. On the 26th of October, 1S42, the Methodist-Episcopal Church of Oregon
pledged itself to sustain the Oregon Institute ; and thus it became a ^Methodist institution.
On the 29th of May, 1S43, the subscribers to the institute met at Wallace Prairie,
the selected site. Previous proceedings were ratified, and the Oregon Institute was
formally transferred to the Methodist-Episcopal Church of Oregon. B}- November i6th,
1843, the buildings had been erected at a cost of three thousand dollars, under the
supervision of William H. Gray, General Superintendent and Secular Agent.
At the first annual meeting of the Trustees, Rev. Jason Lee was elected President, and
selected as agent to visit the Atlantic States to solicit funds and donations for a librar}-,
apparatus and other educational appliances.
The mission and its prominent members zealously entered into all popular enterpri.ses.
By establishing the institute, it had commended itself to popular sympathy and support.
Any secular work which promised benefit to the masses, or wealth or influence to the
mission, was sure to secure its hearty co-operation, the direct assistance of its leading
spirits. In its earliest days, it had been the prime agency in stocking Oregon with cattle.
If a mill was needed, it supplied the capital and skilled operatives for its erection. If a
store was to be established, it furnished the goods. Its prestige was invoked against the
competition of the Hudson's Ba}- Compau}-. In the spring of 1841, Ewing Young, an
independent settler, died without any relative in the territor}-. He had amassed
considerable property-. How was it to reach his legal heirs or representatives ?
Unconnected with either Hudson's Ba}^ Compau}^ or the mission, in the absence of laws
providing for the settlement of estates, who was to take the custod}- of his effects ? The
mission and its members were willing to adopt a code of regulations to establish law and
order, to submit to lawful aiithority, to empower the will of a majority to be exercised in
a system of government.
Then, as at every succeeding attempt of the American settlers of Oregon to adopt some
form of government, the Methodist missionaries, clergy and laity, took a prominent part.
They molded the political issues of those daj^s, and were the popular leaders. There
were, however, a series of tolerated acts which reflect no credit upon the mission. The
investigation ordered b}- the Methodist-Episcopal Missionar}- Board, the result of that
investigation, and the action of the new superintendent, are tacit condemnations of the
worldly and financial policy of the Oregon Mission.
Dr. Elijah White had been dismissed in 1840, and returned to the States. Oral and
written complaints against the superintendent had followed. It was charged that the
CHARACTER OF THE MISSION CHANGED. 191
Board had been misled as to the number of Indians in the territory, in consequence of
which misrepresentations, a much greater number of missionaries had been sent and
maintained than was necessary. There was delay in making report of the manner in
which the large appropriation to the reinforcement of 1840 had been di.sbursed. As a
consequence, the Board, on the 19th of July, 1843, recommended to the bishop in charge
of foreign missions an investigation of the financial concerns of the Oregon Methodist
Mission. Bishop Hedding appointed Rev. George Gary, of Black River, New York,
superintendent of the Oregon Mission. Unaware of this hostile action, without notice to
the accused of pending charges. Rev. Jason Lee had, during the fall of 1843, started for
the east via the Sandwich Islands to solicit funds for the Oregon Institute. Rev.
Gustavus Hines was to have accompanied him. They had arrived at Honolulu, where,
awaiting a vessel bound for the United States, they learned that Mr. Lee's successor was
en route to Oregon. A passage for only one offering, to Mazatlan, was embraced by Lee,
who from thence proceeded via Vera Cruz to New York.
Rev. Gustavus Hines returned to Oregon, where he arrived April 23, 1844. The
annual meeting of the mission was held, Rev. D. Leslie acting as superintendent. Leslie
was assigned to the Willamette settlement, Hines to Tualitan Plains, Parrish to Clatsop,
and Perkins to The Dalles. Rev. Dr. Richmond and Revs. Kone, Frost and Daniel Lee
had previously abandoned the mission and had already returned to the East.
The only Indian mission was at The Dalles. The four appointments, the mission
school and the several secular departments now constituted the Oregon Methodist
Mission. Superintendent Gary shortly arrived. He was vested with unlimited discretion
and full powers to continue the mission as conducted, or abolish its secular character.
Superintendent Gary called a meeting of all the missionaries, ministers and laymen.
The result was a decision to sell the Clatsop mission farm and stock. The lay members
were discharged, except H. B. Brewer, at The Dalles. They were allowed a sum sufficient
to enable them to reach the eastern States, or, if they elected to settle in the country, an
amount in propertv equal to such traveling expenses. Dr. Babcock returned to the
States ; all the rest became settlers.
The Oregon Mission Manual-Labor School still remained undisposed of It had been
erected at an expense of ten thousand dollars. Superintendent Gary called a meeting of
the Oregon Methodist-Episcopal Church June 26th, at the mission schoolhouse, to
determine what disposition should be made. It was resolved to abandon it. Superintendent
Gary sold the property to the trustees of the Oregon Institute for four thousand dollars.
The Oregon Institute farm found a purchaser; and the Oregon Mission Manual-Labor
School became the Oregon Institute. Thus terminated the colonial character of the
Oregon Methodist Mission.
Rev. Mr. Perkins left for the East in the fall. The Oregon mission after ten years
of existence numbered four preachers, viz. : Superintendent Gar}^ David Leslie, A. F.
Waller and Gustavus Hines. The latter remarks: "The finances of the Oregon Mission
were thus summarily brought to a close ; and the mission was not onl}^ relieved of a
ponderous load, but assumed a decidedh' spiritual character."
Tlie presence in Oregon of the Oregon Methodist Mission had not material!}-
contributed to the temporal or spiritual advancement of the native population of Oregon.
As a civilizer or christianizer of the Indians, it was a failure. But to the future of Oregon,
its presence was salutary. Reports to missionary boards gave valuable information of the
192 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
country, its soil, climate and resources. The support of the Provisional government fused
the American element and hastened the extension of Federal jurisdiction over the
territor3^
As an Americanizer, as an impresser of Oregon social life by the establishment of
churches and schools, its agency in colonization was lasting and incalculable. The Oregon
Mission became the Oregon Conference, a wholesome adjunct, but not a factor in settlement.'
From a little mission party of four, it had become the Methodist-Episcopal Church of
Oregon.
RICHARD CORBALY.
SPOKANE FALLS, W.T.
Chapter XXV.
(1835-1848.)
Establishment of the Oregon Mission, Under the Auspices of tlie American Board
of Commissioners of Foreign Missions.
THE x\merican Board of Commissioners of Foreign Missions, chiefly sustained by
Congregationalists, furnished support to missionaries connected with Presbyterian,
Congregational and Dutch Reformed Churches. Its Oregon Mission embraced the Indian
tribes east of the Columbia river. Its several stations or branches were established among
the Cayuse, Nez Perce and Flathead nations. In the spring of 1834, the Board appointed
Rev. Samuel Parker, Rev. John Dunbar and Samuel AUis, Jr., to make an exploring tour
" among the Indian tribes near or beyond the Rock}- Mountains." If impracticable to
proceed so far that year, they were to visit the Pawnee nation, on Platte river. They
left Ithaca, New York, May 5, 1S34, and arrived at St. Louis on the 23d, too late to
accompany the annual caravan of the American Fur Company. Messrs. Dunbar and
Allis continued their journey to the Pawnee country. Mr. Parker returned to the East.
(1835.) Marcus Whitman, M. D., having been associated with Rev. Samuel Parker,
the latter left Ithaca on the 14th of March, 1S35, reaching St. Louis April 4th, where Dr.
Whitman awaited him. The missionary explorers crossed the plains and Rocky
Mountains with the annual caravan of the American Fur Company; and on the 12th
of August they reached Green river. The missionaries remained together several days,
meeting a large number of Indians. Nez Perce and Flathead chiefs, to whom were
explained the designs of the American Board, enthusiastically welcomed the coming of
missionaries and teachers, and desired that religious instructors might be sent to their
country to establish missions among them. Both missionaries concurred in the opinion,
that there was a promising field beyond the Rocky Mountains ; both assured the Indians
present that their wishes should be gratified.
On the 2 2d of August, Dr. Whitman returned with the caravan to report to the Board.
Mr. Parker, escorted by Indians, arrived at Fort Walla Walla on the 6th of October. On
the 1 6th, he was most hospitably received by Chief Factor McLoughlin, at Fort
Vancouver. Stopping over one night at the fort, he continued his exploration to the
mouth of the Columbia. On the 30th, he had returned to Fort Vancouver, where he
remained during the winter. In the spring, he traversed much of Oregon.
Oa the 2Sth of June, 1836, he embarked on the Hudson's Bay Company's bark
Columbia for Honolulu, en route to the United States. At the Sandwich Islands, he
sojourned from July 14th until the 17th of December, then sailed for New London
in the whaling ship P/iavii.v, where he arrived May 15, 1837. On the 23d, he
reached his home at Ithaca. The journal of this missionary tour imparted most valuable
information. The route to Oregon, and importance of that territory, and many interesting
features as to native population, climate, geology and natural history, became known,
u ( 193 )
194 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
It exhibited how Oregon was then reached by land and sea ; its isolation ; its mail
communications, afforded only by whaling vessels which resorted to the Sandwich Islands,
connecting with the Hudson's Bay Company's vessels which remained on the coast,
making occasional vo3'ages to those islands and from thence to the United States ; or
by the annual expresses accompan^nng the caravan of the American Fur Company ; or a
brigade of the Hudson's Bay Company en route between Fort \'ancouver and York
Factory.
On receiving Dr. Whitman's report in the fall of 1835, the Board determined to
establish the Oregon Mission, and selected him to perform the labor. Betrothed to
Narcissa Prentice, she consented to accompany him. Rev. Henry H. Spalding and
wife, and William H. Gray, mechanic, were associated in the proposed mission. The
party accompanied a caravan of the American Fur Company to Green river. There they
met a trading party of the Hudson's Bay Company, with whom the}^ traveled to Fort
Vancouver, where they arrived September 12, 1836. This journey demonstrated that the
continent could be safely crossed by women ; that Oregon could be peopled overland from
the western frontier; that the great American desert and Rocky Mountains were not
insurmountable barriers to transcontinental travel.
By the middle of November, a station among the Cayuse Indians at Waiilatpu,
twenty-five miles east of Fort Walla Walla, in charge of Dr. Whitman, and another among
the Nez Perces, at Lapwai, on the Koos Kooskie or Clearwater river, no miles eastward
from Waiilatpu (Rev. H. H. Spalding), had been established.
(1837.) (^) Necessary- buildings having been erected at the two stations, Mr. Gray
returned to the East for missionaries. His little party reached the headwaters of the Platte
in safety, where they were attacked by the Sioux. The Nez Perces who accompanied him
were killed. Mr. Gray, with his white companions, succeeded in making their escape.
(1838.) Revs. Cushing Fells, Elkanah Walker and A. B. Smith, with their wives,
Cornelius Rodgers, mechanic and teacher, William H. Gray, mechanic and teacher, and
wife, reached Waiilatpu on the ist of September. Rev. A. B. Smith was assigned to
Waiilatpu, Messrs. Gray and Rodgers to Lapwai. Messrs. Fells and Walker having
selected Tshimikan, near Fort Colvile, among the Spokane Indians, as the site for their
station, returned to Waiilatpu, where they wintered.
(1839.) Edwin O. Hall, printer of the Honolulu Mission, accompanied by his wife,
arrived at Lapwai earl}' in Ma)^ This was the introduction of printing west of the Rocky
IVIountains. During the subsequent fall and winter, elementary books were printed in
the Nez Perce and Flathead languages. In the fall, another station was established among
the Nez Perces, at Kamiah, on the Clearwater river, about sixty miles east of Lapwai, Rev.
Asa B. Smith, missionarj'.
(1840.) On the nth of January, the mission building at Tshimikan was destroyed
by fire. Through the efficient service of A. McDonald, a chief factor of the Hudson's Bay
Company, in charge of Fort Colvile, and the zealous co-operation of the Indians, buildings
to protect the missionary families from the inclemencies of the winter were proniptl_v
afforded. At the outset the Indians had welcomed the missionaries, and assisted in the
selection of land for the several stations. For a time thej- had continued friendly and
well disposed, and eagerly received religious as well as other instruction. The officials of
the Hudson's Bay Compan}-, uniformly courteous, had always proffered their good offices
and active sympathy.
(I) Ou the Mth of March, 1S37, Alice C. Whitman, daughter of Marcus Whitman, M. D., was bom at Waiilatpu. She was the first white
female child born in Oregon. She was drowned iu the Walla Walla river June 22. 1S39.
ESTABLISHMENT OF THE OREGON MISSION. 195
The American Board exercised no ecclesiastical control. The missionaries were
allowed to adopt their form of church government. " Six members favored Congregational
church polit}', four were Presbyterians, two Dutch Reformed. The Mission church was
Presb3-terian in name, but practically Congregational. The Oregon Mission was first
formed, afterwards the number of stations determined. The mission was the body, the
stations the branches. According to men and means, operations were enlarged or
contracted, the number of stations increased or diminished. It began with two stations,
which were increased to four. The missions of the American Board of Foreign Missions
were little republics. All important arrangements in regard to each station were made in
annual meetings of all members of the mission, and determined bv a vote of the majority
of those present " ( i ) .
(1S41.) To this constitution of the mission, its irresponsibilit}- to a superior
ecclesiastical tribunal, without a chief officer or superintendent, must be attributed that
non-congeniality of its several constituents which so soon detracted from its success. In
that " little republic," jealousies had already- arisen. Complaints and harsh criticisms, as
to motives, competenc}- and Christian character of the most prominent missionaries, and
inveigling against the utility of certain stations, had been forwarded to the Missionarj''
Board. Criminations and recriminations, personal rancor and suspicion of each other,
were too certain indications to the Board, that the mission was not in a healthv or hopeful
condition.
In April, Rev. A. B. Smith and wife sailed for the Sandwich Islands, leaving Kamiah
station vacant. Sectarian differences among the native population had also made their
appearance. In 1S39, the Catholic missionaries had commenced labors among the Indians
of the interior. The priests had not located permanent stations ; but missions were
designated to which, at fixed times, the Indians repaired to receive instruction. Already
there were Catholic as well as Protestant believing Indians. The Caj-uses — though
called Dr. Whitman's Indians — numbered partisans of each faith. In the same camp,
the two religions had their respective votaries. About Waiilatpu the Indians had begun
to display insolence. There were no settlements, no settlers, no white population in the
valley of the Upper Columbia, except the missionary stations of the American Board with
their thirteen members, six of whom were women, and the trading-posts of the Hudson's
Baj- Company at Walla Walla and Colvile. Those missionaries, the entire American
population, were at the mercy of the Indians, who were only restrained b}' a knowledge
that the missionaries had the active sympathy of the officials of that company in charge at
Forts Walla Walla and Colvile.
In September, indignities to Dr. Whitman and family by Cayuses were of frequent
occurrence. This condition of affairs, known at Fort Walla Walla, had been communicated
to Dr. McLoughliu, who thereupon invited Dr. Whitman to Fort Vancouver. He
recommended his absence from Waiilatpu for a year or two, predicting that the Indians
would beg his return. Between Dr. Whitman and Chief Trader Archbald McKinlay,
in charge of Fort Walla Walla, there was great intimacy. The latter was extremely
anxious about the condition of things, and frequently warned Dr. Whitman of the restless
and perfidious character of the Cavuses. The missionary acted with Christian forbearance,
endeavoring to conciliate and gain the Indian's confidence and respect by kind treatment.
The Indian mistook this kindness for fear of him, and only increased his insolence. A
(I) Extract from letter of Rev. Cushing Hells to author.
196 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
difficult}' occurred, occasioned by an employe ordering an Indian out of the kitchen. Mr.
Gra}', the mechanic, resented the indignit}', while Whitman literally obeyed the injunction
to " turn the other cheek." Such Christian example was entirely lost on the perfidious
race among whom Dr. Whitman labored. INIcKinlay, on learning of that outbreak, warmly
espoused the cause of the outraged missionaries. He sent for the Indians engaged in
it, severely lectured them, and informed them if such a thing again occurred, that
Governor McLoughlin would send a force to teach them better manners. These good
offices were reported to the Board by Dr. Whitman, and Chief Trader McKinlay received
the thanks of its Executive Committee.
Sir George Simpson, Governor-in-Chief of the Hudson's Bay Company's territories,
visited Fort Walla Walla in August, 1S41. He met the missionaries. Adept as he was
in discipline and knowledge of Indian character, he thus noted his conclusions :
"But the ministers of the gospel moreover had a grievance peculiar to themselves;
for, instead of finding the savages eager to embrace Christianity, as they had been led to
expect, they saw a superstitious, jealous and bigoted people. They soon ascertained that
they could gain converts only bv bu3'ing them ; and the}' were even reproached by the
savages on the ground that, if they were really good men, they would procure guns and
blankets for them from the Great Spirit, merely by their prayers. In short, the Indians,
discovering that the new religion did not render them independent of the traders any-
more than their old one, regarded missionaries as mere failures, or nothing better than
impostors."
The Executive or Prudential Committee of the Board had been fully advised of the
condition of affairs. So discouraging had become the outlook, that an order had been
issued discontinuing Waiilatpu, Lapwai and Karaiah stations, recalling Rev. H. H.
Spalding and Mr. Gray, and directing Dr. Whitman to settle the business of the
southern branch (which included those stations), and to join Revs. Eells and Walker
at Tshimikan. This order was the special matter of consideration of a meeting of the
mission at Waiilatpu in September, 1842. Dr. Whitman was opposed to abandoning
Waiilatpu. To maintain it as a station, he had resolved on going East to secure a
rescinding of the order. The Spaldings at Lapwai had secured a large attendance of
Nez Perce youths of both sexes, and had a keen solicitude to continue their labors.
Whitman and vSpalding opposed immediate compliance with the order of the Board.
Instead of breaking up the southern branch. Dr. Whitman insisted that such stations
should be strengthened by reinforcement. An immigration of Christian families to the
vicinity of the several stations would relieve the missionary of secular responsibilit}-,
and afford more time to labor for the social and moral improvement of the Indian. A
minister for Waiilatpu, qualified to come in contact with frontiermen, was also required.
Waiilatpu was on the line to be traveled by those who crossed the Rock}' IMountains
en route to the lower Columbia and the Willamette valley. Dr. Whitman thoroughly
appreciated the value of the country and the importance of the station, and was not willing
to surrender it, nor abandon the field. Actuated by such motives, Dr. Whitman determined
to make the winter journey of 1842-3.
There was a decided opposition on the part of Revs. Eells and Walker to Dr.
Whitman's proposed journey; but when it became evident that he would go, even if such
going should cause his severance from the mission, those gentlemen finally united in
approval. Mrs. Whitman having made preparation to remain at The Dalles during her
husband's absence. Dr. Whitman, accompanied by General A. L. Lovejoy, started October
3, 1842.
,:^
i:
' il 4r
^*.\
HON. JAMES SEAVEY,
PORT TOWNSEND.W.T.
DR. whitman's journey TO THE EAST. 197
He crossed the continent by way of Salt Lake, Taos and Santa Fe, and reached
Boston on the 30th of the ensning March (1843). He labored earnestly with the
Prudential Committee of the Board. They censured his leaving his post, but revoked the
obnoxions order. The stations of Waiilatpu and Lapwai were continned ; but the Board,
however, refused to engage in Dr. Whitman's missionary colonization scheme for the
Oregon missions.
When he had abandoned hope that the Board would encourage a missionary colony of
Christian families to accompany him to Oregon, Dr. Whitman left Boston and overtook
the great migration of 1S43 upon the Platte river. He reached Waiilatpu on the 25th of
September.
To this journey, actuated solely b^^ the condition of affairs of the mission, great
political consequences have been attributed :
1. It has been alleged that Dr. Whitman projected the journey to defeat the British
claim to that part of Oregon lying north of the Columbia river;
2. That he arrived at the city of Washing'ton about the time a treaty exchanging
Oregon, north of the Columbia river, for enlarged fishing privileges on the coast of
Newfoundland, was being negotiated between Great Britain and the United States ; that
his opportune presence frustrated such surrender of territory ;
3. That he went East to organize, and that to his efforts was due, the great migration
of 1S43.
As to the first claim, it is sufficient to reply that Dr. Whitman's zealous interest in
the mission prompted the journey to secure assistance for it. Tlie statement of the
second refutes itself. There were no negotiations pending at the time as to the Oregon
boundary. There never was, either by Great Britain or the United States, an offer of
exchange of the character referred to; nor could Dr. Whitman under any circumstances
have interfered with or influenced pending negotiations.
The third claim is based upon an impossibility. Dr. Whitman left Waiilatpu October,
1842, and reached Boston March 30, 1843. No opportunity, by mail or otherwise, afforded
communication with parties proposing to start for Oregon in the spring of 1843. Such
persons had made all preparations during the previous fall or winter.
Dr. Whitman had but taken his departure, in October, 1S42, when the Walla Walla
aud Ca3'use Indians became turbulent. Dr. Elijah White, United States Sub-Agent for
the Indian tribes west of the Rocky Mountains, had crossed the plains in the summer of
1842. In the Willamette settlements, rumors were current that a hostile combiuation of
Walla Wallas, Cayuses and Nez Perces had been formed, whose purpose was to destroy
the Protestant missions in the interior, and American settlements in the Willamette
Valley. The Walla Wallas occupied the country surrounding Fort Walla Walla,
numbering abmit two thousand, with six hundred warriors. The Cayuses, speaking a
similar dialect with the Nez Perces, numbered six hundred, of whom two hundred were
waiTiors. The Nez Perce country extended from the mouth of the Salmon to the mouth
of the Palouse, and of that breadth eastward to the Bitterroot Mountains. The nation
numbered two thousand, with six hundred warriors.
Appreciating the isolation and defenseless condition of the mission stations, the
Indians at Lapwai and Waiilatpu had grown insolent. The missionaries had yielded to
their demands in the hope that conciliatory conduct would retain their good will.
Proportionate, however, to Christian forbearance, Indian insolence increased. At Lapwai,
Rev. H. H. Spalding was grossly assaulted by members of the Nez Perce tribe. He and
198 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
his wife were the only Whites in a circuit of fifty miles. At Waiilatpii, similar indignities
had been committed. United State Sub-Agent White, accompanied b}- Thomas McKay
and Cornelius Rodgers, as interpreter, reached Fort Walla Walla on the 30th, where they
were joined by Chief Trader McKinla}-. When they arrived at Waiilatpu, the Indians
were scattered. A time was fixed for their return, and the Walla Wallas and Caj'uses
notified to come in. The agent and party then proceeded to Lapwai, reaching that station
December 3d. On the 5th, a council was held, which was addressed by Agent White,
Chief Trader McKinlay, Cornelius Rodgers and Thomas McKay, who were followed by
Ache-kiah, or Five Crows, Bloody Chief (over ninety years of age, and a chief when
Lewis and Clark visited the country) and six others. At this meeting. Dr. White caused
Ellis to be elected head chief, together with twelve sub-chiefs. A code of laws was
adopted, prescribing penalties for homicide, arson, larcen\' and trespass. If any Indian
violated this code, he was to be tried b}- the chief If a white man transgressed against an
Indian, he was to be reported to the agent. Murder and arson were punishable by death,
other offenses by fines and lashes. On the return of Sub-Agent White and party to
Waiilatpu, so many of the Indian principal head men were absent, that the council
was postponed until the loth of May, 1843.
For many years the system of chieftainship among the Indians had been ignored by
the Hudson's Bay Company ; and prominent or influential members of bands had been
distributed, thereby effectually defeating mischievous combination. That wise policy,
attended with most salutary results, was now reversed by Sub-Agent White. Ellis, newly
elected head chief of the Nez Perces, had been educated at Red river, and with that
education had acquired great self-importance. As chief, he was haughty and overbearing,
and administered White's code with extreme harshness. Indians were humiliated by
punishment for acts which in their eye had no turpitude ; and the belief prevailed that
White designed their ultimate subjugation. The arrival of the immigrants of 1842,
accompanying the sub-agent, the rumor that Dr. Whitman would return with increased
numbers, unsettled the Indians. Reports were prevalent of a general combination against
the Wliite settlements, and that hostile parties had been sent to the Rocky Mountains to
cut off the expected immigrant train of 1S43. O" the 20th of April, exciting rumors reached
the Willamette. The great complaint of natives was that Americans designed to appropriate
their lands. Father Demers, Catholic missionar}^, had returned to Fort Vancouver from the
interior with intelligence that hostile feeling existed only against Americans. Upon the
strength of that statement. Dr. McLoughlin had counseled against Agent White going,
and advised that all should remain quiet ; that in all probabilit}' the excitement among
the Indians would soon subside. But Dr. White was agent; and it Avas all-important that,
from and by him, the Indians should learn that fact. Accompanied by Rev. Gustavus
Hines, an interpreter and servant, he started on the 28th of April, and reached W^aiilatpu
on the 8th of May. Mrs. Whitman and William Geiger had been anxiously waiting.
The story had been assiduously circulated among the Indians that the Americans would
deprive them of their lands. On hearing such statements, the 3-oung men of the
disaffected tribes were for going to the Willamette to attack the settlements. The old
men, who advised cautious measures, had sent Peu-peu-mox-mox (Yellow Serpent), chief
of the Walla Wallas, to consult Dr. McLoughlin. Yellow Serpent had returned and
informed the Cayuses that the Americans had no intention to attack them. The Indians
at once peaceably returned to the cultivation of their little garden-patches, which before
they had refused to do. The Walla Wallas and CaA-uses refused to treat with Sub-Agent
White without Ellis and the Nez Perces were present.
I
HOSTILITY OF THE INDIANS TO AMERICANS. 199
On the 23d of May, the chiefs and principal men had assembled at Waiilatpu.
Tau-i-taii, chief of the Cayuses, called the conncil to order. The object having been
explained by Sub-Agent White, Ellis said that it was not proper for the Nez Perces to
speak until the Cayuse nation should receive the laws, to which the Cayuse chiefs replied:
" If you want us to receive the laws, bring them forward and let us see them. We cannot
take them unless we know what the}^ are."
The reading of the code followed, and then general discussion by the Indians. The
first day's talk ended without result. The next da}', after long debate, in which most of the
chiefs expressed themselves, the code of laws was adopted. Tau-i-tau received a majority
for head chief of the Cayuse nation, after a bitter opposition, but on the following daj^
declined serving, because a majorit}' of his tribe were of a different religion. Ache-kiah
(Five Crows), the brother of Tau-i-tau, was then elected. The council closed with a
barbecue ; and Sub-Agent White returned to the Willamette.
The proceedings had demonstrated that the Indians of the interior were soured at
the presence of the Americans ; that their promises, which had been made as to
compensation for lands occupied by the missionary stations, were to be complied with,
and that further delay was a grievance ; that sectarian opinions had been introduced, which
had already engendered feeling between the Protestant and Catholic believing Indians.
Dr. Whitman had returned to Waiilatpu in the fall of 1843. He was keenly
solicitous that the country should be occupied by Americans. Upon the arrival of each
immigrant train, he endeavored to secure reinforcements to his little missionary colony.
The Indians, both atLapwai and Waiilatpu, for the next few years, had conducted themselves
to the entire satisfaction of the missionaries. They had given evidence of improvement
in industrial pursuits ; a number had attached themselves to the Church and professed
religion. The number of Catholic-professing Indians had also increased. In 1847, it had
become manifest that the Indians were disaffected towards the Protestant missionaries.
Archibald McKinlay, the firm friend of Dr. Whitman, had left Fort Walla Walla. Dr.
Whitman was loth to abandon Waiilatpu ; and, at times discouraged, he resolved to submit
the question to a vote of the Indians.
The real obstacle was his objection to relinquishing the missionary field to Catholics.
He had been fully advised of, and thoroughly understood, the animus of the Indians,
which, though seemingly friendly, was liable at any time to manifest itself in hostility.
Despite those discouragements, the Doctor and his wife remained at their posts, and
continued to treat the Indians as brothers ; zealously they labored for their advancement.
The station of Waiilatpu, on the line of travel from the Rocky Mountains to the
Willamette settlements, had become an asylum and resting-place for the immigrant, worn
out and broken down by the severe journey across the plains; a hospital for the
disease-stricken, regardless of caste or condition ; a church and altar for spiritual culture
and consolation ; a school to disseminate knowledge ; a farm to supply the necessaries of
life ; an industrial school to impart to Indians lessons of labor, and to teach them how to
earn a subsistence. Saw and grist mills, shops and granaries, had been erected. The
superintendent's residence had been furnished with a good library ; and a valuable cabinet
of specimens had been collected, illustrating the natural history and mineral wealth of
the country. The Indian room, including kitchen, school and lecture room, over which,
upon the second floor, were lodging apartments, were attached to the superintendency.
Another large building afforded accommodations for travelers. At a distance of eight
miles up Mill Creek, was the saw-mill and a dwelling-house.
200 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The Catholic bishop of Walla Walla (Very Rev. A. M. A. Blanchet), Rev. J. B. A.
Broiiillet, V. G., and six other priests from Canada, arrived at Fort Walla Walla
September 5, 1S47, ^^<^ were sojourning at the camp of Tau-i-tau, on the Umatilla river,
twent3'^-five miles from Waiilatpu station. Seventy-two persons resided at Dr. Whitman's
station. Dr. Whitman's household illustrates the character of that missionary and his
wife. It consisted of Dr. Whitman and wife ; Mr. Rodgers, teacher ; ten adopted children,
seven of whom were the Sagar orphans, whose parents had died crossing the plains in
1844, and three half-breed girls ; two half-breed boys whom he had raised ; Joseph Stanfield,
a Canadian, and Joe Lewis, the latter of whom had come with the immigrants of 1847 from
Fort Hall. Dr. Whitman, scant of accommodations, had objected to Lewis stopping, but
gave him employment. Lewis detailed to the Indians a conversation which he represented
that he overheard between the doctor and members of the family. To his diabolical 13'ing
ma}^ in great measure be attributed that excitement of feeling which made the events
transpiring so soon thereafter a possibility.
At Waiilatpu were Miss Bewle}- and her brother, Mr. Hoffman, Mr. Sales, Eliza
Spalding, ten years of age, daughter of Rev. H. H. Spalding. Of those, Messrs. Bewley
and Sales were sick patients, confined to their beds. The remaining fift}' were Americans,
principally of the overland immigration, 01 route to the Willamette valle}^, who had
remained to winter. Eighteen were adults, eight of whom were women. Of the number,
ten were under Dr. Whitman's medical treatment.
Early in the afternoon of the 29th of November, 1S47, school having just been called,
an ox, which had been shot and was being dressed, engaged the attention of several of the
mission emploj^es at a distance from the house. The Indians came, as was their wont
when a carcass was being cut up. When all the conspirators had assembled, their
weapons concealed under their blankets, one went to the kitchen, called the doctor,
complained of sickness and asked for medicine. The kind physician was bestowing his
attention. Tamahos stepped behind him, and felled him b}' two desperate blows of a
tomahawk. Then followed a carnival of butchery, which scarcel}' finds a parallel in the
narratives of Indian perfidy aud murder. The victims were Dr. and Mrs. Whitman, the
teacher, Rodgers, Mr. Saunders, John and Francis Sagar, Messrs. Marsh, Kimball, Gill,
Gittern, Young, and the two sick men, Bewley and Sales. Excepting Mrs. Whitman, the
lives of the women and children were spared. ]\Ir. Hall, Mr. Canfield, Mr. Osborn and
family, a child of Mrs. Hayes, and two of the doctor's adopted children, succeeded in
concealing themselves during the confusion, and reached Fort Walla Walla in safety.
Two families (Messrs. Smith and Young), were at the saw-mill up Vi\\\ Creek, from
whence they were brought to the station next da3\ Of these there were four men, Mr.
Smith, Mr. Young, and two grown-up sous. By the interposition of a Nez Perce chief,
the lives of these men were spared ; and they swelled the number of captives to fift3--one.
Upon Mr. Hall's communicating the sad tidings to Chief Trader McBean, that officer
dispatched an interpreter and men to Waiilatpu, to rescue survivors. The part\- met
Finlay and the half-breed boys coming to the fort, and returned with them. On the 30th
of November, McBean forwarded letters to the Board of Management of the Hudson's Bay
Company, at Fort Vancouver, in which he states: "Fever and ague have been raging
here and in this vicinit}', in consequence of which a great number of Indians have been
swept awaj', but more especiallj^ at the Doctor's (Whitman's) place, where he attended
upon the Indians. About thirty of the Cayuse tribe died, one after another. The
survivors eventually believed the Doctor had poisoned them, in which opinion they were
l\
f
JOHN. C.BELL
ASTORIA, OR
"■^K-v^
MRS. J C. BELL,
ASTORIA, OR.
COL. JOHN E.ROSS
JACKSONVILLE, OR
(TAKEN I05S1
HON. A. G. HOVEY,
EUGENE CITY, OR.
COL.G. O. HALLER,
SEATTLE , W T.
-r-
THE MASSACRE OF DR. WHITMAN AND OTHERS. 201
unfortunately confirmed b^' one of the Doctor's party (Joe Lewis). As far as I have been
able to learn, this has been the sole cause of the dreadful butchery. In order to satisfy-
any doubt as to their suspicion that the Doctor was poisoning them, it is reported that they
requested the Doctor to administer medicine to three of their friends, two of whom were
really sick, but the third only feigning illness. All of these were dead the next morning."
The ringleaders in this horrible butchery were Telo-ka-ikt and his son Tamsuky,
Esticus and Tamahos. The murderers were the Doctor's Indians, the Cayuses.
Governor James Douglas, communicating the disastrous news to Governor George
Aberneth}', of the Provisional government of Oregon, and to the American Board of
Commissioners of foreign missions, thus commented :
" The Cay-uses are the most treacherous and intractable of all the Indian tribes in
this country, and had on many former occasions alarmed the inmates of the mission by
their tumultuous proceedings and ferocious threats ; but unfortunately these evidences of
a brutal disposition were disregarded by their admirable pastor, and served to arm him with
a firmer resolution to do them good. He hoped that time and instruction would produce
a change of mind, a better state of feeling towards the mission; and he might have lived
to see his hopes realized had not the measles and dysentery, following in the train of
immigrants from the United States, made frightful I'avages this year in the upper country,
many Indians having been carried off through the violence of the disease, and others
through their own imprudence. The Cayuse Indians of Waiilatpu, being sufferers in
this general calamity, were incensed against Dr. Whitman for not exerting his supposed
supernatural powers in saving their lives. They carried this absurdity bey'ond that point
of folly. Their superstitious minds became possessed w-ith the horrible suspicion that
he was giving poison to the sick instead of wholesome medicine, with the view of working
the destruction of the tribe, their former cruelty probably adding strength to this suspicion.
Still some of the more reflecting had confidence in Dr. Whitman's integrity; and it was
agreed to test the effects of the medicine he had furnished on three of their people, one
of whom was said to be in perfect health. They all unfortunately died. From that
moment, it was resolved to destroy the mission. It w-as immediately after burying the
remains of these three persons that they repaired to the mission and murdered every man
found there."
Upon the receipt of the intelligence at Fort Vancouver, Governor Peter Skeen
Ogden, associate chief factor, on the 7th of December left for Fort Walla Walla with
sixteen men, servants of the Hudson's Bay Company, to prevent further bloodshed and to
rescue the American captives. On arriving at Fort Walla Walla on the 19th of December,
couriers were dispatched to the chiefs and head men of the Cayuse nation.
On iiie 23d, a council was held which continued until late at night, the Indians
agreeing to deliver up the captives within six days upon the pay^ment of the ransom agreed
upon. At that council Governor Ogden thus addressed the Cay-uses :
" I regret to observe that all the chiefs whom I asked for are not present. Two being
absent, I expect the words I am about to address to you to be repeated to them and your
young men on your return to your camps. It is now thirty years since w-e have been
among you. During this long period, we have never had any instance of blood being
spilt until that inhuman massacre which has so recently taken place. We are traders,
and a different nation from the Americans. But recollect we supply you with ammunition
not to kill the Americans. They are the same color as ourselves, speak the same
language, are children of the same God ; and humanity makes our hearts bleed when we
202 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
behold you using tliem so cruelly. Besides this revolting butcher}^, have not the Indians
pillaged, ill-treated the Americans, and insulted their women when peaceably making
their wa}- to the Willamette ? As chiefs, ought you to have connived at such conduct on
the part of your 3-oung men ? You tell me the young men committed the deeds without
your knowledge. Why do we make you chiefs if 3'ou have no control over your
3'oung men ? You are a set of hermaphrodites, and unworthy- of the appellation of
men as chiefs. You 3'oung, hot-headed men, I know that 3-ou pride 3'ourselves upon 3-our
braver3', and think no one can match 3-ou. Do not deceive yourselves. If you get the
Americans to commence once, 3'ou will repent it ; and war will not end until ever3' one of
3'ou is cut off from the face of the earth. I am aware that a good man3' of your friends
and relatives have died through sickness. The Indians of other places have shared
the same fate. It is not Dr. Whitman who poisoned them ; but God has commanded that
the3' should die. We are weak mortals, and must submit ; and I trust 3'ou will avail
3'Ourselves of the opportunit3\ B3' so doing, it ma3- be advantageous to you ; but at the
same time remember that you alone will be responsible for the consequences. It is merel3'
advice that I give you. We have nothing to do with it. I have not come here to make
promises or hold out assistance. We have nothing to do with your quarrels ; we remain
neutral. On m3f return, if you wish it, I shall do all I can for 3'ou ; but I do not promise
3'OU to prevent war.
" If 3'OU deliver me up all the prisoners, I shall pa3- 3'ou for them on their being
delivered ; but let it not be said among 3'ou afterwards that I deceived 3'ou. I and Mr.
Douglas represent the company (H. B. Co.); but I tell you once more we promise you
nothing. We S3'mpathize with these poor people, and wish to return them to their friends
and relatives b3' paying 3'ou for them. My request in behalf of the families concerns
3'OU, so decide for the best."
The young chief Tau-i-tau replied as follows :
" I arise to thank 3'ou for 3'our words. You white chiefs command obedience with
those that have to do with you. It is not so with us. Our 3'oung men are strong-headed
and foolish. Formerl3' we had experienced good chiefs. These are laid in the dust. The
descendants of my father were the onl3' good chiefs. Though we made war with the other
tribes, 3'et we alwa3's looked and ever will look upon the Whites as our brothers. Our
blood is mixed with 3'ours. M3' heart bleeds for the death of man3' good chiefs I had
known. For the demand made by 3'ou, the old chief Telau-ka-ikt is here. Speak to him.
As regards m3'self, I am willing to give up the families."
Telau-ka-ikt said : "I have listened to 3'our words. Young men, do not forget them.
As for war, we have seen little of it. We know the Whites to be our best friends, who
have all along prevented us from killing each other. That is the reason wh3' we avoid
getting into war with them, and wh3' we do not wish to be separated from them. Besides
the tie of blood, the Whites have shown us a convincing proof of their attachment to us,
b3' burying their dead alongside with ours. Chief, your words are weight3'. Your hairs
are gra3'. We have known you a long time. You have had an unpleasant trip to this
place. I cannot therefore keep these families back. I make them over to 3-ou, which I
would not do to another 3'ouuger than 3-ourself "
Pue-pue-mox-mox continued : " I have nothing to sa3^ I know the Americans to be
changeable; still I am of the opinion as the 3'oung chief The Whites are our best friends,
and we follow your advice. I consent to 3'our taking the families."
RANSOM OF THE CAPTUES BY GOVERNOR OGDEN. 203
Mr. Ogden then addressed two Nez Perce chiefs in behalf of Rev. Mr. Spalding and
party, requesting that the}- should be delivered to him on receiving the ransom, and
spoke to them at length. Both chiefs, James and Fiminilpilp, promised to bring them,
and immediatel}' started with a letter from Chief Factor Ogden to Mr. Spalding.
On the evening of the 29th of December, a few principal Cayuses arrived at Fort
Walla Walla, bringing in captives and returning stolen property. The next day the
ransom was paid. A da}^ later the Spaldings were brought in, and on New Year's day,
1S4S, Governor Ogden, with the American captives, left Fort Walla Walla for Fort
\'ancouver.
In recounting his successful mission, Governor Ogden wrote, December 31st: ''I
have endured man}- an anxious hour, and for the last two nights have not closed my e\-es.
But, thanks to the Almighty, I have succeeded. During the captivity of the prisoners,
they have suffered ever}- indignity, but fortunately were well provided with food. I have
been enabled to effect m}- object without compromising myself or others ; and it now
remains with the American government to take what measures it deems most beneficial to
restore tranquility ; and this, I apprehend, cannot be finallj^ effected without blood flowing
freely. So as not to compromise either party, I have made a heavy sacrifice of goods ;
but these indeed are of trifling value compared to the unfortunate beings I have rescued
from the hands of these murderous wretches; and I feel truly happy."
The following comprises a list of the captives ransomed b}' Governor Ogden :
Missionar}' children adopted by Dr. Whitman, viz.: Mar}- T. Bridger; Catherine
Sagar, aged 13 years; Elizabeth Sagar, 10; Matilda J. Sagar, 8; Henrietta N. Sagar, 4;
Hannah L. Sagar; Helen M. Meek. (The two last named died soon after the massacre.)
From Du Page county, Illinois : Joseph Smith ; Mrs. Hannah Smith ; Mary Smith, aged
15 years; Edwin Smith, 13; Charles Smith, 11; Nelson Smith, 6 ; Mortimer Smith, 4.
From Fulton county, Illinois : Mrs. Eliza Hall ; Jane Hall, aged 10 years ; Mary Hall, 8 ;
Ann E. Hall, 6 ; Rebecca Hall, 3 ; Rachael M. Hall, i. From Osage count}^ Mississippi:
Elam Young; Mrs. Iren Young; Daniel Young, aged 21 j'ears ; John Y^oung, 19. From
La Porte count}', Indiana : Mrs. Harriet Kimball ; Susan Kimball, aged 16 j-ears ; Nathan
Kimball, 13 ; Byron M. Kimball, 8; Sarah S. Kimball, 6; ^lince A. Kimball, i. From
Iowa: Airs. Mary Sanders; Helen M. Sanders, aged 14; Phoebe L. Sanders, 10; Alfred
W. Sanders, 6 ; Nancy I. Sanders, 4 ; Mary A. Sanders, z ; Mrs. Sally A. Canfield ; Ellen
Caufield, 16; Oscar Canfield, 9; Clarissa Canfield, 7; Sylvia A. Canfield, 5; Albert
Canfield, 3. From Illinois : Airs. Rebecca Hays ; Henry C. Haj's, aged 4 years ; also
Eliza Spalding, Nancy E. Alarsh, Lorinda Bewley.
The ransom was effected with the following property, expended out of the Nez Perce
outfit, viz.. Sixty-two blankets, three points ; sixtj'-three cotton shirts; twelve company
guns ; 600 loads ammunition ; thirtj'-seven pounds tobacco ; twelve flints.
Received from Telau-ka-ikt, appertaining to the mission, for the use of the captives:
Seven oxen, small and large ; sixteen bags coarse flour.
Governor George Abemethy, in acknowledging the philanthropic services of Governor
Ogden, says :
" Their (the captives) condition was a deplorable one, subject to the caprice of the
savages, exposed to their insults, compelled to labor for them, and remaining constantly in
dread lest the}- should be butchered as their husbands and fathers had been. From this
state, I am fully satisfied, we could not have relieved them. A small party of Americans
would have been looked upon with contempt ; the approach of a large part}- would have
204 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
beeu the signal for a general massacre. Your immediate departure from Vancouver, on
receipt of the intelligence from Waiilatpu, enabling you to arrive at Walla Walla before
the news reached them of tbe American party having started from this place (Oregon
City), together with your influence over the Indians, accomplished the desirable object of
relieving the distressed."
The Cayuse murderers, before Governor Ogden arrived at Fort Walla Walla, had,
on the 2oth of December, assembled in council at Umatilla, Tau-i-tau, or Young Chief,
Telau-ka-ikt, Ache-kiah, or Five Crows, and Camaspelo, the head chief of the Cayuses, with
all the principal men of the nation. Bishop Blanchet told them that they were assembled
to deliberate on a most important subject, that of avoiding war, which is alwa^-s a great
evil. It was wise to consult each other, to hold a council. Had they deliberated together
but a few days before, probably they would not now have to deplore the horrible massacre
at Waiilatpu, nor to fear its consequences. Two Nez Perces had asked him to write to the
Governor of Oregon to obtain peace ; but this he could not do without consent of the
Cayuse chiefs. That the Nez Perces proposed: ist, that the Americans should not come to
make war; 2d, that they should send up two or three great men to make a treaty of
peace; 3d, that when these great men should arrive, all the captives should be released;
4th, that the}^ would offer no offense to Americans before knowing the news from below.
Camaspelo spoke first, approving the proposition. Telau-ka-ikt followed, speaking
two hours. He recounted the killing of the Nez Perces who had, in 1837, accompanied
Air. Gra}' east; the killing of Elijah, son of Pue-pue-raox-mox, by Americans, in
California. He concluded by saying that, as the Indians had forgotten all this, he hoped
the Americans would also forget what had been recentl}^ done; that now they were even.
Neither Ache-kiah nor Tau-i-tau had much to say. Edward, son of Telau-ka-ikt,
made the closing speech, justifying the Cayuses and arraigning Dr. Whitman for poisoning
the Indians, pretending to credit the statement of Joe Lewis, alleging that the d3'ing
declaration of Mr. Rodgers corroborated Joe Lewis. After deliberation, the Cayuses
requested Bishop Blanchet, in their names, to send to Governor Aberneth}' the following
manifesto :
" The principal chiefs of the Cayuses, in council assembled, state : That a 3'oung
Indian (Joe Lewis), who understands English and who slept in Dr. Whitman's room, heard
the Doctor, his wife and Air. Spalding express their desire of possessing the land and
animals of the Indians ; that he stated also that Air. Spalding said to the Doctor : ' Hurry
giving medicines to the Indians that they may soon die ;' that the same Indian told the
Cayuses: 'If you do not kill the Doctor soon, you will all be dead before spring;' that
they buried six Cayuses on Sunday, November 24th, and three the next day ; that the
schoolmaster, Air. Rodgers, stated to them, before he died, that the Doctor, his wife and Air.
Spalding poisoned the Indians ; that, for several 3'ears past, they had to deplore the death
of their children, and that, according to these reports, the}' were led to believe that the
Whites had undertaken to kill them all, and that these were the motives which led them
to kill the Americans. The same chiefs asked at present :
" I St. That the Americans ma}- not go to war with the Ca3'uses ;
" 2d. That they (the Americans) may forget the lately committed murders, as the
Cayuses will forget the murder of the son of the great chief of the Walla Wallas,
committed in California (i);
(I) This refers to the killing, in 1S44, of Elijah (son of Pue-pne-inox-mox), by Californiaus. In the spring nf 1847,3 band of Cayuses and
a'alla Wallas went to California to avenge his death, but. finding the Americans too strong, they retvirned without striking a blow, leaving,
according to the Indian view, the matter unsettled. They returned early ni the fall, and severa'l of the party died from sickness; such an
unlortuuate termination of their expedition added fuel to the flame, and only intensified their hostility to the Americans.
4
'-.' '"'/J^sHl^wk^-'^^i
A.HANEN,
DAYTON, W.T.
COUNCIL OF THE CAYUSE CHIEFS. 205
" 3d. That two or three great men may come up and conclude peace ;
" 4th. That as soon as these great men have arrived and concluded peace, they may
take with them all the women and children ;
" 5th. That they give assurance that they will not harm the captives before the arrival
of these two or three great men ;
"6th. That they ask that Americans may not travel any more through their country,
as their young men might do them harm."
This document was signed by Telau-ka-ikt, who led the murderous gang at Waiilatpu,
Camaspelo, Tau-i-tau and Ache-kiah (Five Crows), the wretch who appropriated Miss
Bewley as his share of the triumph.
In the letter accompanying, Bishop Blanchet states :
" After an interview with the chiefs separately, I succeeded in assembling them in
council, which was held 3'esterday, and lasted four hours and a half Each of the chiefs
delivered a speech before giving his opinion. The document which accompanied the
present will show you the result. It is sufficient to state that all these speeches went
to show that hostilities had been instituted by the Whites ; that they abhorred war ; and
that the tragedy of the 29th of November had occurred from an anxious desire of
self-preservation ; and that it was the reports made against the Doctor and others which
led them to commit this act. They desired to have the past forgotten, and to live in
peace as before. Your Excellency has to judge of the document which I have been
requested to forward to you. Nevertheless, without having the least intention to influence
one way or the other, I feel myself obliged to tell you that by going to war with the
Cayuses you will undoubtedly have all the Indians of the country against you. Would
it be to the interest of a young colony to expose herself? But that you will decide with
your council."
The status of the several elements of population within the hostile region has now-
been fully exhibited. The Americans expelled from the country ; the Protestant Missions
at an end ; whilst officers and servants of the Hudson's Bay Company and the Catholic
priest with safety remain.
Many causes for this enormity have been alleged ; its immediate precursor was the
death of several Indians caused by dysentery and measles. Several families of the
overland migration (1847) had reached the Waiilatpu station, members of whom were
sick with those diseases. As a consequence, the former disease broke out with considerable
fatality among the Indians. Those savages who adopted the Indian remedy of the
sweating-oven, followed by plunging into the river, invariably died. Of those who applied
to Dr. Whitman for treatment, several cases proved fatal.
By Indian custom, the medicine-man forfeits his life to the kindred of the patient if
death ensues. It has never been claimed that the Indians exacted this penalty as to Dr.
Whitman; still, by their superstitious tenets, he was regarded as instrumental in compassing
those deaths which occurred. They pretended to believe that Dr. Whitman could sicken
or kill by aid of his " bad niedichies.'' This being their state of mind, how easy the task
of the infamous fiend, Joe Lewis, who had inflamed them by representing that he had
overheard Dr. Whitman, his amiable wife and Rev. H. H. Spalding, plotting to poison
the Indians, and secure their lands and horses.
Had Dr. Whitman alone been killed, his murderer laboring under a delusion that he
was a " bad nicduiiic-nian,'' a poisoner of Indians, such might be accepted as prompting
206 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
the act. But the Cayuse murderers slaughtered those who were unsuspected of any
meditated wrong; sick men, and those who had but recentlj' come from the East, who were
on their journey to the Willamette. Instead of their murderous acts being restricted to
those who had been accused of meditating or practicing wrong, all the concomitants of
savage warfare were displayed against those of certain nationality, against whom war
was thereafter to be waged. The fuel had been accumulating for years. The pile of
inflammable material embraced jealousy of a superior race; opposition to the permanent
settlement in the country of Americans ; a bias in favor of the " King George," as the
Hudson's Bay Company's employes were called, the natural result of a quarter-century's
intercourse with the company's posts, and, in a corresponding degree, a prejudice against
the American or "Boston;" the presence of diverse religious systems, and Dr. ^\'hitman's
encouragement of American settlement. As a doctor of medicine, he was an object of
awe to the Indians, and, by their ritual, amenable for the life of his patients. The more
superstitious pretended to believe that he was instrumental in causing a contagious
disorder to have been spread among them. This mass of combustibles was readily fired
by a ruthless incendiary, who acquired prestige with the Indian, because he was by them
regarded as a member of the Doctor's household. All these influences contributed to
create that animus towards Americans, to engender the motive for breaking up the
mission, and the expulsion of Americans from the country-. The massacre was an outburst
of national hostility and hatred against Americans. Waiilatpu and its peaceful and
unarmed inmates had been doomed because it was an American missionary station,
and because it was the home of Americans. The Whitman massacre was an Indian
raid by hostile Cay uses against the American inmates of Waiilatpu.
The immediate sequel of the massacre was a bitter controversy between Protestant
and Roman Catholic settlers of Oregon. There were those who claimed to believe that
the Cayuses had been incited by the agency of servants of the Hudson's Bay Company.
That company almost exclusively occupied the interior, and, by its matchless Indian
policy, had acquired perfect control of the Indians. The horror of Waiilatpu was
accredited by others as the result of anti-American combined with anti-Protestant
influences. Time, alike mollifying sectarian rancor and national prejudice, has dissipated
such opinions, which are merely chronicled as among the most unhappy concomitants of
that terrible crime.
The introduction of a religion in conflict with one previously taught, the presence of
two sets of religious teachers denouncing the teachings of each other, two white races,
Avith adverse interests, striving for mastery of the country and control of that race,
nnist of necessit}' have aroused prejudices liable to be dangerous in their consequences.
Except, however, the efforts of the Catholic clergy to propagate their faith, to establish
missions in a field preoccupied, no blame can attach to the Catholic missionaries present
in the vicinity. While the Catholic priests could and did remain in the country, there is
no evidence that any of their number counseled those barbarities, approved the deed, or
attempted to shield the murderers. It must also be remembered that the Catholic fathers
had apprised Dr. Whitman of the growing hostility of the Indians to the presence of the
mission; and it is due to the memory of the Blanchets and Brouillets and their missionary
confreres to say that their piety and Christian virtues forbid the thought that they could
have in the slightest degree, directly contributed to incite that perfidious massacre.
The early consequences of the great crime was the erection of Oregon into a territory
of the United States, and the arrival of United States troops to afford protection to
SUMMARY OF THE MASSACRE AT WAIILATPU. 207
American settlements hitherto ignored. The blood shed at Waiilatpu was the eloquent
protest against the continuance of a policy which had rendered possible such a loss of
valuable lives. With the Whitman massacre terminated the existence of missionary
stations of the American Board in Oregon. In 1848, Tshimikan was abandoned; the
Revs. Eells and Walker, with their families, left the country at the close of the Cayuse
campaign, in the spring of that year.
The Cayuse war was the necessary consequence of that massacre ; its history belongs
to the histor}^ of the Oregon Provisional government, who declared and waged that war to
punish the perfidious murderers of the Whitmans and the innocents who were sojourning
at Waiilatpu on that dread da}?, the 29th of November, 1S47.
Chapter XXVI.
• (1838-1848.)
The Roman Catholic Mission.
1"^HE Oregon Roman Catholic Mission was intrusted to two zealous priests, to whom
the Hudson's Bay Company gave free passage into the country. It depended for
sustenance upon associations for the propagation of the faith in Lyons and Quebec ; the
voluntary donations of the few Catholic inhabitants of the territory ; the contributions by
the officers and employes of the Hudson's Ba}' Company ; the mite contributed by natives;
and products of the mission farms on Cowlitz and French Prairies.
On July 3, 1834, and February 23, 1S35, the Canadian-French families of the
Willamette valley addressed the Roman Catholic Bishop of Red river (i), requesting that
" missionaries be sent to instruct their children and themselves." On the 6th of June,
1835, the bishop answered that there were no disposable priests at Red river, but promised
missionaries from Europe or Canada. In that eloquent paternal letter " to all the families
settled on the river Willamette, and other Catholic persons be3'ond the Rocky
Mountains," he foreshadows the purpose of the Oregon Roman Catholic Mission. " My
intention is not to procure the knowledge of God to you and your children onl3', but also
to the numerous Indian tribes among which you live."
The bishop applied to the Hudson's Bay Company for passage for two priests from
Red river, and for consent to establish a mission on the Willamette river; but the governor
and committee in London, and the council at Hudson's Bay, would not consent to any
establishment south of the Columbia river.
On the 13th of October, 1S37, the bishop of Red river renewed his application for the
privilege to send two priests to Oregon. On the 17th of February, 1838, Sir George
Simpson addressed the Archbishop of Quebec :
" When the bishop iirst mentioned this subject, his view was to form the mission on
the banks of the Willamette, a river falling into the Columbia from the south. To the
establishing of a mission there, the governor and committee in London and the councils
in Hudson's Bay had a decided objection, as the sovereignty of that country is still
undecided ; but I last summer intimated to the bishop that if he would establish the
mission on the banks of the Cowlitz, or the Cowlitz portage, falling into the Columbia
from the northward, and give his assurance that the missionaries would not locate
themselves on the south side of the Columbia river, but would form their establishment
where the compan3''s representative might point out as the most eligible situation on the
north side, I should recommend the governor and committee to afford a passage to the
priests, and such facilities towards the successful accomplishment of the object in view as
would not involve an}^ great inconvenience or expense to the company's service. By the
(l) Very Rev. Joseph Norbert Provencher, whose title was Bishop of Juliopolis.
( 208 )
HON.J. M.BACON,
OREGON CITY, OR
PIONEER OF 1845.
THE ROMAN CATHOLIC MISSION. 209
letter received yesterday, — already alluded to, — the bishop enters fully into my views, and
expresses his willingness to fall in with my suggestion. That letter I have laid before
the governor and committee ; and I am now instructed to intimate to 3'our lordship, that if
the priests will be ready at Lachine to embark for the interior about April 25th, a passage
will be afforded them ; and, on their arrival at Fort Vancouver, measures will be taken by
the compan3''s representative there to facilitate the establishing of the mission, and the
carrying into effect the objects thereof generally."
Rev. Francis Norbert Blanchet, of Montreal, on April 17, 1838, was appointed by the
Archbishop of Quebec to the charge of the Oregon Roman Catholic Mission. His associate
was Rev. Modeste Demers, selected by the bishop of Red river. The instructions to the
" missionaries for that part of the diocese of Quebec, which is situated between the Pacific
Ocean and the Rocky Mountains," drafted by the Archbishop of Quebec, exhibit the
designs of the founders of the mission :
" First. They must consider as the first object of their mission to withdraw from
barbarity, and the disorders which it produces, the Indian nations scattered in the country.
"Second. Their second object is, to tender their services to the wicked Christians
who have adopted there the morals of the Indians, and live in licentiousness and
forgetful ness of their duties. In order to make themselves sooner useful to the country
where they were sent, they will apply themselves, as soon as they arrive, to the study of
the Indian languages, and will endeavor to reduce them to regular principles, so as to be
able to publish a grammar of them after some 3-ears of residence there.
" The territory which is particularly assigned to them is that which is comprised
between the Rocky Mountains on the east, the Pacific Ocean on the west, the Russian
possessions on the north, and the territory of the United States on the south. It is only
within the extent of that territory that they will establish missions ; and they are
particularly recommended not to form any establisment on the territory, the possession
whereof is contested by the United States. They can, however, in accordance with the
indult of the Holy See, under date of February 23, 1836, a copy whereof accompanies
the present, use their powers, when needed, in the Russian possessions, as well as in that
part of the American territory which borders on their missions. As to that part of the
territory, it is probable that it does not belong to any of the dioceses of the United States ;
but if the missionaries were informed that it forms a part of some diocese, they will
abstain from performing any act of jurisdiction there, in obedience to the aforesaid indult,
unless they be aiithorized to do it by the bishop of such diocese.
" As to the place where they will fix their principal residence, it will be on the river
Cowlitz or Cowiltyha, which empties into the river Columbia, on the north side of the
river. On their arrival at Fort Vancouver, they will present themselves to the person who
represents the Honorable Hudson's Bay Company ; and they will take his advice as to the
precise situation of the establishment.
" They are particularly recommended to have all possible regard for the members and
employes of that company, with whom it is very important, for the holy work with which
they are charged, to be constantly in good intelligence."
On the 5th of Jiily, 1838, the bishop of Red river, in a pastoral letter to the Catholics
established on the river Willamette, having referred to his endeavors for three years, to
send them priests, saj^s :
" At last it has been granted this year ; and two pious and zealous priests abandoned
all the hopes of this world, in order to go to you, and to speak to you of God, and induce
210 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
you to practice His hoi}' religion. You will, though, be a little disappointed in seeing
that the missionaries will not settle among you at the Willamette. Your settlement is
situated on the territory of the United States, and consequentl}^ outside the diocese of
Quebec. The company' cannot favor the establishment of a colon}' in a foreign country;
and I, as a bishop, British subject, cannot allow the priests whom I send to establish
themselves anywhere else than on British territory, because the line which divides the
two powers also bounds my jurisdiction. It is the reason why the passage of the
missionaries was refused last year ; and itT has been granted this year only on the special
condition that the missionaries would fix their residence on the north side of the Columbia
river ; thus this change does not come from any ill will on my part, which I thought
proper to let you know. The missionaries, however, can go and visit you, but always
temporarily, and will not be able to fix their residence among you. You might, perhaps,
in course of time, join them in moving to their establishment. The desire of the salvation
of your souls shall induce you to do it."
The Very Rev. F. N. Blanchet, Y. G., left Montreal May 3, 1838, in a bark canoe,
carrying the express of the Hudson's Bay Company. He arrived June 6th at St.
Bonifacius, where he was joined by his associate, Rev. Modeste Deniers. On the loth
of July, they commenced their journey for Oregon, reaching Nonvay House in seven days.
On the 26th, the annual brigade, under command of Chief Trader Rowand, started
westward. It consisted of ten boats laden with merchandise, a large number of hired men,
women and children. Among the travelers accompanying were Messrs. Banks and
Wallace, English botanists, on a tour of scientific exploration.
The journey of those two devoted priests to the field of their future missionary
labors was a long and toilsome one, but unaccompanied with special danger or accident
until the arrival of the brigade at the " big bend " of the Columbia river. In the transfer of
persons and freight from that point to the House of the Lakes, one of the boats was badly
wrecked; and, of twenty-six on board, twelve were drowned. The travelers. Banks and
Wallace, with the wife of the latter, were among the lost. The brigade remained eighteen
days at the House of the Lakes, after which the journey was resumed. The two missionary
priests ('?i fon/r, at the various forts and stopping-places of the company, baptized and
confirmed Indians and company employes who had assembled to meet them. Fathers
Blanchet and Demers arrived at Fort Vancouver on the 24th of No^•ember, 1838.
On Sunday, November 25th, the two priests celebrated their first mass at Fort
Vancouver. To obey the instruction establishing at Oowlitz the principal station. Father
Blanchet left \''ancouver on the 12th of December, reaching Cowlitz Prairie on Sunday,
the 1 6th. The settlement consisted of the families of four retired servants of the
Hudson's Bay Company, who had taken claims upon the prairie on the west side of the
river. Mass was celebrated on Sunday and Monday, at the house of Simon Plemondou.
A section of land was taken for the mission, and preparation made to obtain timber for
buildings, after which Father Blanchet returned to Fort \'ancouver.
(1839.) Early in January, with the approbation of Chief Factor Douglas, Father
Blanchet visited the Catholic families residing on French Prairie. A log church seventy
by thirty feet had been built in 1S36. On Sunday, January 6th, the Vicar-General blessed
the chapel under the patronage of St. Paul, and celebrated the first mass in the Willamette
valley. This visit continued for five weeks, after which Cowlitz mission was established.
In the spring. Father Demers visited the Indians of Puget Sound. He returned to
Fort Vancouver by June, and met the trading expedition of the Hudson's Bay Company
THE ROMAN CATHOLIC MISSION. 211
on its annual return to Vancouver from New Caledonia and the interior posts. After
which he visited the Upper Columbia, Forts Walla Walla, Okanagon and Colvile.
On the 9th of October, Governor James Douglas communicated to the Vicar-General
" that the governor and committee have no further objection to the establishment of a
Roman Catholic mission in the Willamette, and that the missionaries were at liberty to
take any means towards the promotion of that object." Father Blanchet assumed charge
of Willamette mission, and assigned Cowlitz mission to Rev. Modeste Demers.
In the spring of 1840, Vicar-General Blanchet visited the Indians of Puget Sound,
extending his mission as far as Whidby Island. There he erected a cross, taught' the
Indians, baptized children, and reconciled two hostile tribes engaged in war. Father Demers
accompanied the brigade of the Hudson's Bay Compan}', which started from Fort Vancouver
for the Upper Columbia June 29th, extending his missionary visits to Forts Walla Walla,
Colvile and Okanagon. While at Colvile, he learned of the presence of Father Peter
]. de Smet among the Flatheads, who, with equal surprise, had become advised that Father
Demers labored in that vicinit}-. The two missionaries succeeded in communicating with each
other; and Father Demers carried a letter from Father de Smet to \'icar-General Blanchet.
The Flathead Indians had sent a deputation to St. Louis asking for religious teachers. In
response thereto, and in entire ignorance of the presence of Rev. Messrs. Blanchet and
Demers in the territory west of the Rock}- Mountains, the Roman Catholic Bishop of St.
Louis, Missouri, in October, 1S39, had addressed the Superior-General of the Order of
Jesuits at Rome, invoking missionary aid for the Flathead Indians. The diocese of
Missouri then included the territory of the United States westward to the Pacific Ocean.
Rev. Peter John de Smet, S. J., was selected by the Bishop of St. Louis, co-operating
with the provincial Superior of the Society of Jesus, in Missouri. In the summer of 1840,
Father de Smet visited the Flatheads, remained two months and was so encouraged that he
returned to St. Louis ■ for additional priests. In 1S41, he again crossed the Rocky
Mountains, accompanied by Fathers Point and Mengarina. Having established the
mission of St. Mary, in the valley of the Bitter Root, he returned to St. Louis, from
whence he visited Europe to secure aid for the Oregon Catholic Mission.
Sir George Simpson, upon his tour to Oregon, in 1841, made such a favorable report of
the missionary labors of Ivlessrs. Blanchet and Demers, that two other priests from Canada,
Revs. Anthon}^ Langlois and John B. Z. Bolduc, were added to the mission. Refused by
the Hudson's Bay Company passage overland, they came by sea, v/a Cape Horn, at the
expense of the society at Quebec for the propagation of the Faith. They arrived
September 17th, 1842, at St. Paul, on theW^illamette. The Vicar-General assumed charge*
at Vancouver, assigning Mr. Langlois to St. Paul, Mr. Bolduc to Cowljtz, Rev. M. Demers
being on a mission to the Upper Columbia.
On the 25th of November, Chief Factor John McLoughlin addressed the following to
the Vicar-General : " I am instructed to place one hundred pounds sterling to the
credit of your mission, as an acknowledgment of the eminent services j-ou and 3'our pious
colleague are rendering the people of this country."
(1843.) The missionary force was increased b}- the arrival of Jesuit Fathers de Vos
and Hockens, from St. Louis. On the 17th of October, St. Joseph's College was opened at
St. Paul, with thirty scholars. Rev. A. Langlois, Superintendent. With the arrival of the
Hudson's Bay Company brigade came five men and two women, aids to the mission, to
whom free passage had been furnished. On the ist of December (although unknown to
212 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
him until the subsequent November), the Rev. Francis N. Blanchet had been appointed
Bishop of Philadelphia, which titular rauk, before consecration, had been changed to Bishop
of Drasa.
( 1844.) Several Jesuit priests from St. Louis came to the Rockj^ Mountains this
year. Father de Smet sailed, on the 9th of Januar}', in the ship L' Infatigablc^ from
Anvers, Belgium, for the Columbia river, and on the 6th of August arrived at Fort
Vancouver. He was accompanied by Revs. Accolti, Nobili, Ravalli and Vercruysse,
several laj' brothers, and six religious ladies of Notre Dame de Namur. In November,
the » sisters opened an academy for girls at St. Paul. On the 4th of November, the
briefs arrived by which Oregon had been constituted a vicariate apostolic, with Francis
Norbert Blanchet, Bishop. Upon the 8th, he announced his resolution to return to Canada
to receive his consecration. The mission of Oregon included nine permanent stations or
missions, four of which were conducted by the Jesuit fathers from St. I.ouis. Eleven
churches had been built. There were two educational establishments, one for each sex,
and fifteen priests and six sisters of Notre Dame de Namur. Leaving Rev. Modeste
Demers, vicar-general and administrator, the bishop-elect, on the 5th of December, sailed
for London in the Hudson's Bay Company's bark Columbia ; from thence he proceeded
to Canada. At Montreal, on the 25th of July, 1845, the pioneer head of the Oregon
Catholic Mission was consecrated Bishop of Drasa. In August, Bishop F. N. Blanchet
sailed for Europe, to solicit help and necessary funds. On the 24th of July, 1846, Oregon
became an ecclesiastical province, Oregon Cit}- its metropolis, and Bishop F. N. Blanchet
its archbishop. His brother, A. M. A. Blanchet, canon of Montreal, was appointed bishop
of Walla Walla, and Modeste Demers bishop of Vancouver Island. Bishop A, M. A.
Blanchet was consecrated at Montreal, September 27, 1846, and crossed the plains the next
season, reaching Walla Walla September 5, 1S47. ^^ '^^'^^ accompanied by Very Rev. J.
B. A. Brouillet, Vicar-General, Rev. Messrs. Roussau and Leclaire, four fathers of the
O. M. I. of Marseilles, and two lay brothers. Bishop Modeste Demers was consecrated
on the 30th of November, 1847, at the Church of St. Paul, by Archbishop F. N. Blanchet,
his former companion and colleague in the Oregon Mission.
In the fall of 1847, the ecclesiastical province of Oregon City numbered three bishops,
fourteen Jesuit fathers, four Oblate fathers of the O. M. I., thirteen secular priests, thirteen
sisters and two houses of education.
The Catholic missionaries acquired and retained over the native population west of
the Rock}- IMountains an almost perfect control. The uninterrupted continuance of
Indian veneration to the priests, and to the impressive ceremonial of the Roman Catholic
Church, not only attests the zeal of the teachers, but also that their plan of educating was
peciiliarly adapted to the mental capacity of the Oregon Indian. In some instances, tribes
have imposed upon themselves the restraints incident to a semi-civilized condition of life.
In national caste and predilection, the Oregon Catholic Mission must be regarded British.
Briti.sh subjects, present in the conntr}-, petitioned a bishop of a diocese in British
territory, for its establishment. The archbishop who founded the mission expressl}'
intended that its operations should be restricted to " north of the territory, possession
whereof is contested by the L'^nited States." His grant was based upon British expectanc}'
that the Columbia river would be recognized as the northern boundar}- of the United
States' territorial claim to Oregon. Before acting iipon the petition, permission of the
Hudson's Ba}' Compan}' to enter the territor}- had been asked and obtained. The fields
in which the missionaries were to operate were to depend upon the approbation of officers
^#^^-'-^.;s
HON ED.SHATTUCK,
PDF?TLAND , OR .
HON. A. BUSH,
SALEM, OR.
THE ROMAN CATHOLIC MISSION. 213
of the corapaii}' on duty in Oregon. Nor was the mission reinforced until the company
had yielded its assent. But those missionaries were not narrow men ; in their good
offices, their charitable labors, they disregarded nationality and race. The mission had
been originated for the amelioration of native tribes and the French Canadians then in the
country ; nor have those features ever been lost sight of in its whole history, or that of its
successor, the church into which it has amplified. That church, with the same success,^
with the same interest in the aborigines, still continues its missionary work in that vast
region once so ably occupied by Blanchet and Demers, the zealous pioneers of the Oregon
Catholic Mission.
•
Chapter XXVII.
(1836-1S40.)
Young and Carniicliael Abandon Erection of Distillery — Formation of California
Cattle Company — V^isit to Willamette by Purser Slacum, U. S. Navy, Special
Agent — First Petition to Congress of J. L. Wliitcom and otliers — Farnliani,
llolman and Others Leave Peoria, 111., for Oregon — Sir Edward Belcher's
Surveying Expedition in Columbia Kiver — Arrival of Kev. J. S, Griffin —
Missionary Party of Clai'k, Smith and Littlejohn — Dr. Robert Newell Biings
AVagonsto Fort Walla Walla— Population of Territory at Close of 1840.
EWING YOUNG, whose arrival in the Willamette valley' has been chronicled, growing
tired of merely tending his stock, had resolved on a more active money-making
pnrsnit. He had formed a partnership with Carmichael (one of the party) to erect a
distiller}'. At this time, the salmon fishery enterprise of Captain Wyeth was about to
be abandoned ; and the firm had purchased the caldron which had been designed for
pickling salmon, and had commenced the building. The officials of the Htidson's Bay
Company, the Methodist missionaries, and a majority of the settlers, protested against the
enterprise. It was urged that its consummation would be ruinous to a farming settlement,
and most dangerous and hurtful in a new country with an Indian population and its class of
inhabitants. As an inducement to abandonment, the offer was made to start the firm in a
saw or grist mill or other business, and to reimburse them for the expenditure the}- had
incurred. An address was presented to Messrs. Young and Carmichael, signed by
nearly every person in the settlement. Public opinion was respected and the firm obeyed
the popular wish. The}- abandoned their project and also refused the proffered remuneration.
The formation of the California Cattle Company was the principal feature of the fall
and winter of 1836. It was a joint-stock company, whose purpose was to import from
California horses and cattle. The shares were to be proportionate to the amount contributed.
Half the stock was taken by the Hudson's Bay Company. Rev. Jason Lee, superintendent
of the Oregon Methodist Mission, invested six hundred dollars. The settlers contributed
amounts as they were able. Others engaged as drivers at one dollar per day, to be paid in
cattle at actual cost. The party was headed by Ewing Young. P. L. Edwards, a lay
member of the Methodist IVIission, accompanied as treasurer. These ofl&cers were to
receive compensation in cattle at prime cost.
It becomes necessary here to introduce Purser William A. Slacum, of the United
States Navy, who arrived in Oregon in December, 1S36, in the brig Loroit, chartered
at Honolulu. He zealously co-operated in this cattle enterprise, rendering valuable
aid to the American settlers. As before quoted from Mr. Courtney M. Walker's pioneer
article, it was probably owing to the published representations of Hall J. Kelly as to
the treatment of Young and himself at Fort Vancouver, as also his observations upon the
( 214 )
VISIT TO WILLAMETTE BY PURSER SLACUM, U. S. NAVY. 215
country, that President Jackson had instructed William A. Slacum, United States Nav}',
as special agent to visit Oregon and make investigations, as also to report upon the
countr}', its soil, climate, resources, etc.
Of Slacum's visit to Fort Vancouver, Chief Factor McLoughlin remarks : " On
arriving, he pretended he was a private gentleman and had come to meet Messrs. Murray
and companions, who had left the States to visit the country. But this did not deceive
me, as I perceived who be was and his object. His report of the mission subsequently
published in the proceedings of Congress established that my surmises were correct."
The arrival of Purser Slacum was opportune for the settlers. He offered to the
purchasers and employes of the cattle company free passages iia his vessel to San
Francisco. Having arrived in California, they bought 800 head of cattle at $3 per head,
and forty horses at $12 each. A number of the cattle were lost in swimming the rivers,
some strayed, and some were killed by the Shasta Indians. They reached Willamette in
October, 1837, '^i^^ about 600 head.
The horses were put up at auction and distributed to the contributors, at the prices bid.
The cattle were found to have cost, delivered at Willamette Falls, seven dollars and
sixty-seven cents per head. The Methodist Mission received eighty head. Those settlers
who had borrowed tame and broken cattle from the Hudson's Bay Company were now
allowed by Dr. McLoughlin to return California cattle in exchange, thereby stocking
their farms with cattle at less than eight dollars per head. As the Hudson's Bay Company
desired to use the cattle for beef, Dr. McLoughlin accepted 3'oung stock for the share due
the company.
There is no record of the arrival of any independent settlers during 1837.
(1838.) In March, J. L. Whitcom (i) and thirty-five others, describing themselves
as settlers residing south of the Columbia river, addressed to Congress the first memorial
from within the territory, praying that Federal jurisdiction might be extended over Oregon.
Lewis F. Linn, of Missouri, presented it in the United States Senate, January 28, 1839.
It represents that American settlement began in 1832. It temperately portrays the
resources, climate and soil of the region, alludes to its advantageous commercial position,
and foreshadows the importance of Pacific commerce. The relation of the settlers to the
Hudson's Bay Company is discussed, and the necessities of law for the well being of the
community indicated.
" The territory must populate. The Congress of the United States must say by
whom. The natural resources of the country, with a well-adjusted civil code, will invite
a good community. But a good community will hardly emigrate to a country which
promises no protection for life or property. Inquiries have already been submitted to
some of us for information of the country. In return, we can only speak of a country
highly favored of nature. We can boast of no civil code. We can promise no protection
but the ulterior resort of self-defense. By whom, then, shall our country be protected?
By the reckless and unprincipled adventurer, or by the hardy and enterprising pioneer
of the west ? By the Botany Bay refugee, by the renegade of civilization from the Rocky
Mountains, by the profligate deserted seaman from Pol3niesia, and the unprincipled
sharpers from South America ? We are well assured it will cost the government of the
United States more to reduce elements so discordant to social order than to promote our
permanent peace and prosperity by timely action of Congress. Nor can we suppose that
(i) Mr. Whitcom was mate of the vessel in which Dr. White and other Methodist missionaries came as passengers, arriving in the Columbia
river in 1S37. He had been employed by the mission as foreman.
21G HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
SO vicious a population could be relied on in case of a rupture between the United States
and any other power. Our intercourse with the natives among us, guided much b)' the
same influence which has promoted harmony among ourselves, has been generall}' pacific.
But the same causes which will interrupt harmony among ourselves will also interrupt
our friendly relations with the natives. It is, therefore, of primary importance, both to
them and us, that the government should take energetic measures to secure the execution
of all laws affecting Indian trade and intercourse of the white men with Indians."
About the ist of May, 1839, a party numbering eighteen (i) left Peoria, Illinois, for
the purpose of establishing a settlement, fishery and commercial enterprise at the mouth
of the Columbia river. Thomas J. Farnham, a lawyer and journalist, was captain. The
late Joseph Holman, so long and favorably known at Salem, was of the party. He was a
cooper by occupation; and he was to make barrels, in which salmon were to be packed and
shipped. Amos Cook, Francis Fletcher and R. L. Kilbourn, who came through that 3-ear
to Willamette, were of the party, as was also Sidnc}' Smith, who arrived in Oregon at a
later period. The wife of Farnham accompanied the march westward for several days,
during which time she prepared a neat little banner, inscribed, " Oregon, or the Grave."
Captain Farnham left his party at Bent's fort, and, with a guide, pushed ahead^ reaching
Fort Vancouver long in advance of any of his companions. He remained there until
November, at which time he sailed in one of the Hudson's Ba}' Company's vessels to the
Sandwich Islands, and thence to the States.
Joseph Holman justly and happily says: " Our's was the first party that crossed
the plains to Oregon to become permanent settlers and citizens. We came to make
homes; but not even the missionaries of that day actually came to stay as we did."
As this was the first bona-fide pioneer immigration of American citizens who
voluntarily made the great march across the continent to settle and make permanent
homes in Oregon, to occup}' it, to hold it, to Americanize it, — the story of its march,
its vicissitudes, its trials, recounted in the language of its prominent member, is deemed
of vital interest. Said Joseph Holman :
" This company of eighteen men started with a two-horse team and some loose horses.
Fort Independence, Missouri, was considered the frontier at that time, and there the)'
changed their programme for travel. The}- sold the team and wagon, and outfitted anew
with saddle horses and pack animals. Here the^^ mounted their nags from the plains, and
drove on before them pack animals that carried all their necessary baggage and supplies.
Their train now consisted of over twenty, probably nearly thirt}', mules and horses. They
went south from Independence towards Santa Fe, took their route up the Arkansas river
to Bent's fort, and thence to Bent's other fort, or trading-post, on the south fork of the
Platte. The}' were now in exclusively Indian territor}', where the}- had good grass and an
abundance of buifalo. Sometimes the herds of bison were so impenetrable that they had
trouble to drive them out of their way, and couldn't hear themselves speak for the constant
roaring of these animals. They had meat in abundance, though none of them were good
hunters. One of them would ride up by the side of a buffalo calf and shoot it with his
pistol. Sometimes they only took out the tongues, as they were considered a great
delicacy. They had neither flour nor salt, but lived on ' meat straight' much of the time,
in fact, all the way to the Columbia river. Buffalo lasted on the plains as far as Bear
river. For a month there was no time they could not go out and find droves of American
bison. Occasionally they would stop a day to hunt whenever there was a scarcity of meat.
(1^ The stateintnt of Joseph Holinaii. one of the party, to s. A. Clarke; see Pioneer Days, Article IV. Sunday Orfgonian gives eighteen
as the number. T. J. Farnham, the captain, in his published "Travels in the Great Western Prairies," commences thus : " On the first day of
May, 1S39, the author and thirteen others were making preparations to leave Peoria."
M.BAKER,
LA GRANDE, OR.
FARNHAM, HOLMAN AND OTHERS LEAVE PEORIA, ILL., FOR OREGON. 217
" On the south fork of the Platte, they met a war party of Sioux, who stole two of
their horses in the night time. Those were the only unfriendly savages they met all the
way to Oregon. Their own party, though small, were well armed, and stood guard every
night. The plains Indians, in that year, had only bows and arrows, with occasionally an
old flint-lock gun that would not go off well. So our party, though small, could protect
themselves easily against a much larger force of Indians with native weapons. They left
Independence the last of May, and stopped a month at Bent's fort on the South Platte to
recruit animals and secure a guide to Brown's Hole on Green river, where they all
wintered.
" They reached Brown's Hole in September, and found it located among the sage
brush of the river bottom. Here they found Jo Meek and Dr. Newell, and other famous
free trappers and hunters whose histories are associated with early times in Oregon.
There was also a large band of Snakes or Sho-sho-nes. All these men said, ' You had
better wait until spring.' So we built our cabins to winter in and went back to Bear
river, where we killed buffalo, to dry the meat and cure it for our winter supply. This
we packed to our winter encampment at Brown's Hole. It was a trading place only, but
it suited the traders to call it a 'fort.' We spent the winter as well as we could, and
feasted on dried buffalo straight. The Indians sometimes had broken guns ; and we
mended the stocks, or did other such things for the savages as were necessary. We made
saddles that we took to Fort Hall and exchanged for supplies and clothing in the spring.
There were plenty of deer and mountain sheep to kill. We wintered well, and had no
sickness.
" At Bent's fort, on the South Platte, some of our party had turned back discouraged.
A few stayed to trap there ; some went to Santa Fe. Fletcher, who came with us, died
recently in Yamhill county ; Amos Cook lives near Lafayette ; Kilbourn went to
California in 1842. These made the four that came through with Dr. Newell in March
from Brown's Hole to Oregon. All of the eighteen who started and came through were
Fletcher, Cook, Kilbourn and myself (Holman). We encountered deep snows on the way
to Fort Hall in the mountains. Our hardships were greater than we at any time before
encountered. We had to spread down blankets on snow drifts for our animals to pass
over, and also did the same on the frozen creeks. Finally our horses were nearly starv^ed,
and ourselves almost famished. We bought Indian dogs and ate them. We were a
month in deep snow^s. The horses throve on young cottonwood growing in the creeks.
We gave them this and they did well on it. They ate greedily. We had started early so
as to avoid war parties of unfriendly savages. Three days from Fort Hall we found a
single old buffalo bull. It was very poor, but we killed it. We had been three days without
food, and were getting over our raving hunger when we killed the buffalo. At Fort Hall,
we found dried salmon and a little corn, and thought it was very luxurious living.
" We remained three weeks at Fort Hall, waiting for them to get ready to bring down
their furs to Walla Walla. Then we came down Snake river with two fur traders. We
left Fort Hall in May, and had a very pleasant journey from there to Walla Walla. We
came down the north side of the Columbia, crossed over at The Dalles, and then took the
Columbia river trail on the south side. We reached Vancouver the same day that forty
missionaries arrived there by sea, including Lee, Parrish and others. Dr. McLoughlin
was astonished to see us, and looked on us with great surprise. He said he wondered
that four men should cross the continent alone. He sent us to the company's dairy to
get something to eat. We were dressed in buckskin and went bareheaded. We traded
218 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
him beaver skins for clothes, and looked like civilized men once more. Fletcher had some
money, but they charged twent}' per cent for exchanging it for British money or goods."
In " Notes by Dr. McLoiighlin," reference is made to William Geiger and William
Johnson having visited Fort Vancouver. " The}' represented themselves as having been
sent by people in the States to examine the country and make report. Johnson sailed for
the Sandwich Islands. Geiger went as far as California and thence returned by land."
He became a permanent settler. I
In the summer of 1839, the little handful of Americans in the Willamette valley
experienced extreme solicitude, upon the appearance in the Columbia river of a British
surveying expedition, commanded by Captain Sir Edward Belcher, Royal Navy. It
consisted of her Majesty's ship Sulpliiir^ 380 tons, with a complement of 109 men, attended
b}' her Majesty's schooner Starling^ of 109 tons. Lieutenant H. Kellett, Royal Navy,
commanding.
This expedition for the survey of the Pacific coast, from Valparaiso to sixty degrees,
thirty-one minutes north, and originally under command of Captain F. N. Beachey, R. N.,
had sailed from Plymouth, England, December 24, 1835. On reaching Valparaiso,
Captain Beache^^, in consequence of ill health, was compelled to return to England.
Lieutenant Kellett commanded until Januar}-, 1S37, ^^ which time Captain Belcher joined
the Sulphur at Panama. Nor were the jealous fears of these American settlers without
occasion. Among the instructions by the British Admiralty, dated December 19, 1835,
was the following :
" Political circumstances have invested the Columbia river with so much importance,
that it w'ill be well to devote some time to its bar and channels of approach, as well as to
its anchorage and shores."
From a narrative of the voyage by Sir Edward Belcher, we quote the following
extracts : I
" On the 28th of July, 1839, H. B. M. ship Sulphur reached the mouth of the
Columbia river, when Lieutenant Kellett, having descried us, weighed and stood with the
Starling to conduct us in."
*******
" On the 9th of August, after being nearly devoured by mosquitoes, we reached Fort
Vancouver, where we were very kindl}- received by Mr. Douglas, and had apartments
allotted to us."
The instructions of the British government in fitting out this surveying expedition
clearly foreshadowed the British programme of acquiring Oregon by acts of occupancy. It
is evident that the territory north of the Columbia was deemed British soil. Captain
Belcher numbers the American element in Oregon as " twenty American stragglers from
California, ten clergymen, teachers, etc., American Methodist Mission and four missionary
stations in the interior." British feeling against these whom they regarded as trespassers
and intruders, who are denounced as " stragglers," is faithfully portrayed in Belcher's
narrative. It is a British view of Oregon in the fall of 1839, and indicates the situation of
the pioneers, — their duties, their dangers, their responsibilities, their outlook of the future.
In the fall, Rev. J. S. Griffin and wife, accompanied by Asahel Munger and wife,
having that season crossed the Rocky Mountains, arrived at Fort Vancouver. They had
designed to establish a self-supporting Indian mission, independently of the patronage of
any missionary board. They expected that the Indians would return labor for teachings
bestowed, but very quickly experienced that such a theory with such a people was barren
MISSIONARY PARTY OF CLARK, SMITH AND LITTLEJOHN. 219
of results. Mr. Griffin and wife came to the Willamette valle3^ Munger attached himself
to the Methodist Mission and became deranged. He was a blacksmith, a good mechanic.
He fancied that Christ would work a miracle to convince people that certain doctrines he
entertained were communicated to him by God. Going one evening into his shop, he
fastened one hand by a nail to the side of, or above, the fireplace, and then hung himself
into the fire. Before his situation had become discovered, he was so seriously injured
that he died within three days.
(1840.) Revs. Harvey Clarke, Alviu T. Smith and P. B. Littlejohn, with their
wives (Congregationalists), came as missionaries upon the self-supporting plan. Their
intended field of labor was in the interior. Meeting with no success among the Indians,
they became settlers in the Willamette valle}-. In March, this little colon}- in two wagons
left Quincv, Illinois, for Independence, Mis.souri. They started westward the last of April,
overtaking a spring caravan of the American Fur Company at Hickory Grove. At that
point, Henry Black joined their party and came through with them. That caravan had
also been joined, at several points on the road, by Joel Walker, Pleasant Armstrong,
George Davis and Robert Moore, who became settlers of the Willamette valley this year.
Arriving at the rendezvous, they met several Rocky Mountain men, free trappers, among
whom were Dr. Robert Newell, Caleb Wilkins, Colonel Joseph L. Meek, George W.
Ebberts, William Doughty and William Craig, several of whom settled this year in the
Willamette. Says Mr. Smith : " These mountain men made us an escort to Fort Hall."
The travels of these missonaries and their wives are interestingly described by Mr. Smith
as follows :
" We brought wagons through to Fort Hall and left them there. One wagon and
double harness we gave to Bob Newell to pay for piloting us from Green river to Fort
Hall. From this place to Fort Boise, we packed our baggage and supplies, and rode on
horseback ourselves. There had been no open road on the plains; but from Boise in there
was a plain trail made by Indians and the fur-company men. Occasionally Indians would
travel with us until the horses disappeared. After that, they left us. The ladies had
side-saddles and easy-riding ponies, and made the journej^ very conlfortabl^^ They had
two tents to sleep in, and so were protected from severe weather. Mrs. Smith and Mrs.
Littlejohn had horses that paced easily, but usually they traveled on a walk. The
compan}- became short of provisions at Green river, but there laid in a supply of antelope
and dried buffalo meat. These were purchased from Indians with trinkets. At Fort Hall,
we exchanged something with the Hudson's Bay Company agent for a supply of flour.
We killed very little game on the plains ; but, to Green river, hunters were always out to
kill wliat they could.
"There was no disagreement, and, except the prolonged weariness of the journey, all
went pleasantly. The fur-company men and hunters had not the same idea of keeping
the Sabbath as our party had, and could not be induced to lie by and rest on that day ; but
when we were b}' ourselves, this side of Fort Hall, we concluded to live up to our
principles. So the Sabbath we neared Fort Boise, we determined to rest. We did so;
and those who did not take that view of matters went on and left us.
"Near Fort Hall, we got less anxious concerning stock, as we thought we were out of
the wild Indian country. One morning we found two of my horses missing, with some
others. Wilkins could talk the language somewhat, and understood Indian ways well.
Several Indians had been traveling with us and camping close b}-, turning their stock out
uear ours. Wilkins talked to one of these, and intimated that he could find the horses if
220 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
lie wished to. The Indian was saucy for reply, and Wilkins knocked him down, and,
when he got up, told him to go and find our horses. He went ofif, and ver}' soon returned
with them."
To Dr. Robert Newell must be ascribed the credit of bringing the first wagon from
Fort Hall to Fort Walla Walla, establishing the practicabilit}- of wagon travel from the
western frontier of ]\Iissouri, via the Rock}- Mountains, to the Columbia river.
The party consisted of Dr. Newell and family. Colonel Joseph L. ]Meek and family,
Caleb Wilkins and Frederick Ermatinger, chief trader in the Hudson's Bay Company.
It had been regarded as sheer madness to attempt to travel with wagons from Fort Hall,
through the Snake river country, to the Columbia. The missionaries (Clark, Smith and
Littlejohn), as already .stated, had accompanied the annual caravan of the American Fur
Company to the Green river rendezvous, and from thence had employed Dr. Newell as pilot
to Fort Hall. On reaching that point, they found their animals so reduced that they
abandoned their two wagons ; and Dr. Newell accepted them in compensation for his
services.
In a letter to the author. Dr. Newell wrote : "x\t the time I took the wagons, I had no
idea of undertaking to bring them into this country. I exchanged fat horses to the
missionaries for their animals; and, after they had been gone a month or more for
Willamette, and the American Fur Company had abandoned the country for good, I
concluded to hitch up and try the much-dreaded job of taking a wagon to Oregon. I
sold one of those wagons to Mr. Ermatinger, at Fort Hall. On the 15th of August,
1840, we put out with three wagons. Joseph L. Meek drove my wagon. In a few days,
we began to realize the difficult task before us, and found that the continued crashing of
the sage under our wagons, which was in many places higher than the mules' backs, was
no joke. Seeing oiir animals begin to fail, we began to lighten up, finally threw away
our wagon beds, and were quite sorry we had undertaken the job. All the consolation we
had was that we broke the first sage on the road, and were too proud to eat anything but
dried salmon skins after our provisions had become exhausted. In a rather rough and
reduced state, we arrived at Dr. Whitman's mission station, in the Walla \\'alla valle}',
where we were met by that hospitable man and kindly made welcome, and feasted
accordingly-. On hearing me regret that I had undertaken to bring wagons, the Doctor
said: 'Oh, you will never regret it; you have broken the ice, and when others see that
wagons have passed, they, too, will pass; and in a few 3-ears the valley will be full of our
people.' The Doctor shook me heartily by the hand. Mrs. Whitman, too, welcomed us ;
and the Indians walked around the wagons, or what they called 'horse-canoes,' and seemed
to give it up. We spent a day or so with the Doctor, and then went to Fort Walla Walla,
where we were kindly received b}' Mr. P. C. Pembram, chief trader of the Hudson's Bay
Company, and superintendent of that post. On the ist of October, we took leave of those
kind people, leaving our wagons^ and taking the river trail ; but we proceeded slowly.
Our party consisted of Joseph L. Meek and myself, also our families, and a Snake Indian,
whom I brought to Oregon, where he died a j^ear after our arrival. The party did not
arrive at the Willamette Falls (Oregon City) till December, subsisting for weeks upon
dried salmon, and upon several occasions were compelled to swim their stock across the
Columbia and Willamette."
Such were the privations and hardships of reaching Oregon overland, as detailed by
a Rocky Mountain man who had been inured to such travel during his whole life. Such
was the heroic task to be assumed by the American pioneers.
-^
COL. JOHN L.MORROW,
HEPPNER OR.
DECLARATION OF INTENTION TO AMERICANIZE OREGON. 221
The brig Maiyland^ Captain John H. Conch, from Newbnryport, Mass., arrived in the
Cohimbia river. She was owned by the father of Caleb Cushing, an able champion of the
American right to Oregon in the Congress of the United States, and was the pioneer of a
fleet of vessels which established commerce in the Columbia river. A few years later, the
genial Couch abandoned the sea, and settled near Portland, and inai:gurated the first
successful independent mercantile operation in Oregon. The visit of a British surveying
expedition, commanded b}- Sir Edward Belcher, R. N., stimulated the urgent petition
of 1840, to Congress, of Rev. David Leslie and others, "residents in Oregon Territory,
and citizens of the United States, or persons desiring to become such," praying that
measures should be early adopted to embrace Oregon within Federal jurisdiction. The
emphatic declaration of the intention to Americanize Oregon thus premises :
" The}' have settled themselves in said territory under the belief that it was a portion
of the public domain of said States, and that they might rely upon the government thereof
for the blessing of free institutions and the protection of its arms. Biit they are uninformed
of an}' acts of said government by which its institutions and protection are extended to
them ; in consequence whereof, themselves and families are exposed to be destroyed by
savages around them, and others who would do them harm. They have no means of
protecting their own and the lives of their families, other than self-constituted tribunals
originating and sustained by the power of an illy-instructed public opinion, and a resort
to force and arms. That their means of safety are an insufficient safeguard of life and
property; that they are unable to arrest the progress of crime without the aid of law, and
tribunals to administer it."
A lofty American sentiment pervades the document. It urges the immediate
establishment of a territorial government. The value of the territory to the nation is
demonstrated. The government is warned of the efforts of Great Britain to secure its
acquisition. It refers to the continued presence of a British frigate upon the coast; the
survey, in 1839, by Belcher's expedition of the Columbia river and the adjacent bays and
harbors as meaning future occupancy; and charges the Hudson's Bay .Company with
seizing valuable points and portions of the territory to forestall and defeat American
settlement. Congress is admonished that officers of the company are persistently asserting
that the British Crown had granted to the Hudson's Bay Company the territory north of
the Columbia river. 'Various acts of dominion over the soil exercised b}' the company
are detailed; the memorialists earnestl}' protest against Anglicizing that region by
networks of so-called trading-posts, — establishments designed rather to secure ultimate
ownership of territory than for purposes of Indian trade.
The soil, climate and general features are faithfully delineated. The capacity of the
territory to support a large population is conclusively illustrated. The magnificent
lumbering resources, the fisheries, the large bodies of agricultural land, are heralded.
After having invoked Congress to do its duty to the nation by asserting jurisdiction over
Oregon, it sa3's :
" Your petitioners would beg leave especiall}' to call the attention of Congress to
their own condition as an infant colony, without militar}' force or civil institutions to
protect their lives and property and children, sanctuaries and tombs, from the band of
uncivilized and merciless savages around them. We respectfully ask for the civil
institutions of the American Republic. We pra}- for the high privileges of American
citizenship; the peaceful enjo3nnent of life; the right of acquiring, possessing and using
property, and the unrestrained pursuit of rational happiness."
222 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
At the close of 1S40, Judge Deady says : " The population of the country, exclusive
of the company and Indians, was about 200. Of these, one-sixth were Canadians.
Nine-tenths of them were located west of the Cascade Mountains, and almost all of them
in the Willamette valle3\ Biit the power and prestige resulting from wealth, organization
and priority of settlement, were still on the side of those who represented Great Britain.
It was a common opinion among all classes, that in the final settlement of boundaries
between the two countries, the territory north of the Columbia might be conceded to Great
Britain ; and the principal settlements and stations of the British and Americans were
located with reference to this possibility. So stood the matter thirty-five years after the
American exploration of the Columbia river by Lewis and Clark. A casual observer
might have concluded that the country was doomed to remain a mere trapping and trading
ground for the company, for generations to come. But a new force was now about to
appear on the scene and settle the long-protracted controversy in favor of the United
States. It was the Oregon argonauts, moving across the continent in dust}' columns with
their wives and children, flocks and herds, in search of the Golden Fleece that was to be
found in the groves and prairies of the coveted lands of the Willamette. The actual
occupation of Oregon for the purpose of claiming and holding the country as against
Great Britain, and forming therein an American State, did not commence until after 1S40.
Very naturally the movement began in the west, and had its greatest strength in Missouri,
Illinois and Iowa" (i).
(I) Annual address of Hon. Matthew P. Deady. — Oregon Pioneers, 1S75.
A
Chapter XXVIIL
(1841.)
Abortive Effort to Form a Provisional Government — The United States Exploring
Expedition — Captain Wilkes, United States Navy — First Fourtli of July on
Pnget Sound — The Red Kiver Colony to Puget Sound.
THE residents of Oregon, though few in number, had already become divided into
parties, in the main influenced by nationality. British subjects were uniformly
dependent upon the Hudson's Ba}^ Company, in fact, were generally in its employ. The
Canadian-French south of the Columbia river, with few exceptions, were its discharged
servants. They had come under articles which guaranteed that they should not be
discharged in the Indian country. At the end of their service, they were to be returned
to their former homes. To avoid the non-fulfillment of such obligation, and to retain
such class in the country, though relieved from service, they continued to be borne upon
the compan3^'s books, as much under their control as before discharged, and fully as loyal
to the company and its officers.
In the Willamette valley, the Methodist Mission constituted the nucleus around
which rallied the American population. As yet there were no American settlers north
and west of the Columbia river. The Protestant Missions in the interior were completely
isolated from the Willamette settlements.
The Hudson's Bay Company reigned supreme north of the Columbia ; south of that
river, the Canadian-French owed it allegiance. Over the American and independent
settlers, the mission exercised control. Each had its system of discipline; its programme
of dealing with the natives; its mode of treatment of, and intercourse with, those
independent of its organization. Those two recognized elements of authority, those
two governing influences, had rendered unnecessary the establishment of any other
governmental agency. Had all the inhabitants been connected with one or the other of
those establishments, been amenable to the discipline of one or the other of those organized
agencies, no necessity would have invited further restraint than that imposed in the
relation of employer.
The death of Ewing Young, an independent settler, in February, without kindred,
was an event of interest to the infant settlement. Not connected with either the mission
or the company, possessor of considerable property, how was that property to be distributed?
By whom was his estate to be settled ? To whom was its management to be intrusted ?
Such an event naturally siiggested the utility, not to say the absolute necessity, of laws, —
of legislatures to make them, of courts to administer them, and of a government to enforce
their due observance. After his burial, those who had attended the funeral improvised a
meeting to confer upon the situation. A committee was selected, from whom emanated
the call for the " Primary Meeting of the People of Oregon."
( 223 ) .
224 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
That pioneer political convention assembled on the 17th of February, 1S41, at the
American Mission House. Rev. Jason Lee presided, Rev. Gustavus Hines acting as
secretary. Its purpose : " Consultation concerning the steps necessary to be taken for
the formation of laws, the election of officers to execute the same, and for the better
preser\-ation of good order."
No residents north of the Columbia participated. A resolution had been adopted,
" That all settlers north of the Columbia river, not connected with the Hudson's Bay
Company, be admitted to the protection of our laws on making application to that effect."
The residents south of the Columbia river, of ever}' nationalit}', all north of the river,
except those connected with the Hudson's Bay Compan3^ could, by application, become a
part of the said government. This exclusion of those connected with the Hudson's Bay
Company, this condition that residents north of the Columbia should make application,
should not be attributed to a spirit of proscription by American settlers. It was rather
the recognition of that prevailing sentiment, that faith steadily inculcated by the officers
of the Hudson's Bay Company, — that the Columbia river would be the ultimate boundary
line between the United States and Great Britain.
North of the Columbia, the company's occupation was as exclusive, its jurisdiction
as complete, as though the region were a recognized part of the Hudson's Bay Territory.
Under the provisions of an act of Parliament of July 2, 1821, entitled, " An act of
establishing a criminal and civil jurisdiction within certain parts of North America,"
officers of the compau}^ had been commissioned justices of the peace ; the jurisdiction of
the courts of Canada has been extended to the Pacific; British subjects who contemned
the company's authority, who were unruly or lawless, or who ignored the exclusive license
of trade, could be tried by such justices, and punished or sent to Canada for trial. Hence,
north of the Columbia, there was no necessity for additional law. The company's
discipline was all-sufficient to regulate its officers, emplo3'es and servants. The act of
Parliament conferred authority to prevent the intrusion of British subjects; to assure
respect of the company's authority ; affixed punishment by forms of statute law when
the discipline of the company proved inefficient. By that statute, Great Britain had
extended British law over the whole of Oregon. It had reall}^ clothed the company with
ample jurisdiction over every British subject within the territory. North of the Columbia
river was practically a British province.
Agricultural settlement by Americans south of the Columbia had not been opposed
by the company's officers at Fort Vancouver; but, to the Willamette valley, such settlement
had been restricted. Thoroughly aware of their utter inability to destroy the exclusiveness
of the company's sway north of the river, this resolve must be only construed as an
intended declaration of non-interference. It recognized the situation ; but, with true
American welcome, those government-builders would receive such as applied for protection.
B}' such resolution, the settlers only conceded that the company alread}' enjoyed, north oi
the river, what the American settlers needed in the Willamette valley.
On the 17th, but few attending, the meeting adjourned. On the iSth, almost the
entire population of tlie Willamette valley were present. Protestant and Catholic, American
and Canadian-French, missionary and layman, alike attested the popular interest. Rev.
David Leslie presided. Rev. Gustavus Hines and Sidney Smith were secretaries. One
committee was appointed to nominate officers of the newl}- formed cqIou}', another to draft
a constitution and code of laws. While this project was inaugurated and mainly urged
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ABORTIVE EFFORT TO FORM A PROVISIONAL GOVERNMENT. 225
by the Methodist Mission, yet an inspection of the names of the committee demonstrates
that the effort was made to conciliate every interest, to recognize every class, every sect,
every nationality.
The same policy was manifested in selecting officers. There was a scrupulous regard
for all the elements of that little community, — that no one should be ignored, that each
should be represented.
The meeting adopted the report of the nominating committee, thereby electing Dr.
I. L. Babcock Supreme Judge with probate powers; George W. Le Breton, Recorder ;
William Johnson, Sheriff; three justices of the peace and three constables. Until
the committee should report a constitution and code of laws. Judge Babcock was
instructed to act according to the laws of New York. The best of feeling prevailed, all
seemed animated with the same idea, and the meeting adjourned until the first Tuesdav in
June.
At the adjourned meeting. Rev. David Leslie presided, with the same secretaries as at
the primary meeting. The committee to draft a constitution and code of laws were called
upon to report. Rev. F. N. Blanchet, chairman, responded that the committee had held no
meeting, and that no report had been prepared. At his request, he was relieved from the
committee. Dr. William J. Bailey was substituted.
The committee were instructed to meet on the first Monday in August. The first
Monday in October was designated as the time to receive and act upon the constitution
and code of laws. They were also instructed to confer with Captain Charles Wilkes,
United States Navy, commander of the United States exploring expedition, then in
the Columbia river, and with Dr. John McLoughlin, Chief Factor of the Hudson's Bay
Company and executive officer of its affairs west of the Rocky Mountains.
The meeting, by the reconsideration of the vote adopting the report of the nominating
committee, had annulled the election of officers. A resolution was then passed, " That the
committee to draft a constitution and laws be instructed to take into consideration the
number and kind of officers it will be necessary to create in accordance with the constitution
and code of laws, and report the same to the next meeting ; and that the report of the
nominating committee be referred to said committee."
The anxiety to form a government, which had manifested itself at the February
meeting, had grown into indifference at the meeting in June. Rev. F. N. Blanchet's
declination to serve upon the committee, the resolution to consult Chief Factor McLoughlin
and Captain Wilkes, were all indicative of intended abandonment of the project. The
settlers, by their first resolution, had conceded that the Hudson's Bay Company could
have no real desire to aid in establishing a government ; the retirement of Blanchet was
evidence that the Canadian-French were not ready for the imposition of laws. Captain
Wilkes, a commissioned officer of the United States government, could not officially advise
such a project in the face of the Joint-Occupancy Treaty ; neither could he countenance
the formation of an independent state or community on the shores of the Pacific. The
June meeting having undone all that had been effected in February, then completed
necessary- arrangements by which this first attempt to establish a government in Oregon
should be nipped in the bud.
The American members of that committee, in obedience to instructions, called upon
Captain Wilkes.
Before this interview with the committee, the Rev. Mr. Blanchet, in charge of the
Catholic mission near Champoeg, had been visited by Captain Wilkes. In that vi.sit.
226 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Mr. Blanchet " spoke much about the system of laws the minority of the settlers were
desirous of establishing, but which he had objected to, and advised his people to refuse to
co-operate in ; for he was of opinion that the number of settlers in the Willamette valley
would not w-arrant the establishment of a constitution ; and, as far as his people w^ere
concerned, there was certainl}- no necessit}- for one, nor had he any knowledge of crime
having been 3'et committed." Captain Wilkes remarks : " From my own observation,
and the information I had obtained, I was well satisfied that the laws were not needed,
and were not desired by the Catholic portion of the settlers. I therefore could not avoid
drawing their attention to the fact, that, after all the various offices they proposed making
should be filled, there would be no subjects for the law to deal with. I further advised
them to wait until the government of the United States should throw its mantle over
them" (i).
The adjourned citizens' meeting was never held. Thus fell, still-born, that first and
preraatiire attempt to establish a government in Oregon.
The reference to Captain Wilkes renders unnecessary the statement that Oregon was
visited this year by the United States exploring expedition, commanded by that
distinguished officer of the United States Navy. As appears by the instructions of the
Navy Department :
" Entirely divested of all military character, its objects were altogether scientific and
useful, intended for the benefit equally of the United States and all the commercial
nations of the world." In assigning officers, the President did not select from senior
ranks of the navy, nor according to grade of service. Lieutenant Charles Wilkes was
appointed chief; and Lieutenant William L. Hudson, though superior in rank, was
selected second in command. The instructions of Hon. James K. Paulding, Secretary of
the Navy, bear date August 11, 1838:
" The Congress of the United States, having in view the important interests of our
commerce embarked in the whale fisheries, and other adventures in the great southern
ocean, by an act of the iStli of May, 1836, authorized an expedition to be fitted out for
the purpose of exploring and surveying that sea, as well to determine the existence of all
doubtful islands and shoals as to discover and accuratel}- fix the position of those which
lie in or near the track of our vessels in that quarter, and ma}- have escaped the observation
of scientific navigators."
Having in general terms indicated the order in which the vo3'age should be pursued,
and designating the lands and seas to be explored, the squadron was to rendezvous at
the Sandwich Islands.
"Thence you will direct your course to the northwest coast of America, making such
surve3's and examinations, first of the territory' of the United States and seaboard, and of
the Columbia river, and afterwards along the coast of California, with special reference to
the Bay of San Francisco, as you can accomplish by the month of October following your
arrival."
^ ■!• 5l» 3^ ij^ t^ 5|i
"Although the primary object of the expedition is the promotion of the great interest of
commerce and navigation, yet you will take all occasions, not incompatible with the great
purposes of j-our undertaking, to extend the bounds of science and promote the acquisition
of knowledge. For the more successful attainment of these, a corps of scientific gentlemen,
consisting of the following persons, will accompany the expedition :
(1) Wilkes' ExploriiiR Expedition, Vol. IV, page 352.
THE UNITED STATES EXPLORING EXPEDITION. 227
"Horatio Hale, philologist; Chas. Pickering, naturalist; T. R. Peale, naturalist;
Joseph P. Couthouy, conchologist ; James P. Dana, mineralogist; William Rich, botanist;
Joseph Drayton, draughtsman ; J. D. Breckenridge, horticulturist." Of the scientific corps,
Professor Couthouy was detached at Honolulu in the fall of 1840. The exploring
squadron was composed of the Vuiceimcs^ sloop-of-war, 780 tons, Lieutenant Charles Wilkes,
U. S. N., commanding ; Peacock, sloop-of-war, 650 tons. Lieutenant W. L. Hudson, U. S. N.;
ship Relief, Lieutenant A. K. Long, U. S. N.; brig Porpoise, Lieutenant Cadwalader
Ringgold, U. S. N.; tender Sea Gull, Lieutenant Reid, U. S. N.; tender Flying Fish,
Lieutenant Knox, U. S. N. The ship Relief had been sent home from Callao. The
tender Sea Gull was lost in May, 1839. 1^^^ squadron, before it had reached the
Oregon coast, had been reduced to the ships Vincennes and Peacock, and the brig
Porpoise and the tender Flying Fish.
The llnccnnes and Porpoise had anchored on the 28th, in a small cove on the west
side of an inlet, opposite the south end of Whidby Island, to which Captain Wilkes gave
the name of Pilot's Cove. On the nth, the vessels reached their anchorage off Fort
Nisqually, and were heartily welcomed by Alex. C. Anderson, Esq., in charge of the
fort, and by Captain McNeil, in command of the steamer Beaver, then undergoing repairs.
At Nisqually, Captain Wilkes initiated operations. The Porpoise, with two of
the J'incennes'' boats, under Lieutenant Ringgold, survej-ed Admiralty Inlet. The launch,
first cutter and two boats of the J 'iiiccnnes, under command of Lieutenant Case, surveyed
Hood's Canal. A land party, to explore the interior, was assigned to Lieutenant Johnson,
and was accompanied by Dr. Pickering and Mr. Breckenridge. Eighty days were allowed
to cross the Cascade Mountains, to go as far as Colvile, and south to Lapwai Mission,
thence to Walla Walla, and return via the Yakima river, across the Cascade Range, to
Fort Nisqually.
The other land party consisted of Captain Wilkes, Purser Waldron, Mr. Drayton and
two servants, two Indians and a Canadian guide, with four pack horses. This party
crossed to the Columbia river, thence to Astoria, thence to Fort Vancouver. The
Willamette settlements were visited. It had been the intention to go up the Columbia to
Fort Walla Walla. At Astoria, Captain Wilkes had expected to meet the Peacock ; and,
b}' means of her boats, the Columbia river was to have been surveyed. Disappointed b)-
the failure of tidings from ih^ Peacock, Captain Wilkes rejoined the Jliiccnnes at Nisqually
on the 1 6th of June.
Fourth of July, 1841, was the first celebration of our nation's birthday on Puget
Sound. Captain Wilkes thus describes that interesting occasion :
" Wishing to give the crew a holiday on the anniversary of the declaration of our
independence, and to allow them to have a full day's frolic and pleasure, they were allowed
to barbecue an ox, which the company's agent had obligingly sold me. The}- were
permitted to make their own arrangements for the celebration, which they conducted in
the following manner. The place chosen for the purpose was a corner of the Mission
prairie. (This was the prairie iipon which Dr. Richmond and Mr. Wm. H. Wilson had
established the Puget Sound ^Missionary Station.) Here they slaughtered their ox and
spitted him on a sapling supported over the fire, which was made in a trench. The carcass
could thus be readil}" turned ; and a committee of the crew was appointed to cook him.
Others were engaged in arranging the amusements. All was bustle and activity on the
morning of the 5th, as the 4th fell upon Sunday. Before nine o'clock, all the men were
mustered on board in clean white frocks and trousers, and all, including the marines and
228 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
music, were landed shortl}' after, to march to the scene of festivity, about a mile distant.
The procession was formed at the observator}^, whence we all marched off, with flags flying
and music playing, Vendovi and the master-at-arms bringing up the rear. \'endovi was
dressed out after the Fiji fashion. * '■■ * Two brass howitzers were also carried on
the prairie to fire the usual salutes. When the procession reached Fort Nisqually, they
stopped, gave three cheers, and waited, sailor-like, until it was returned. This was done
by only a few voices, a circumstance that did not fail to produce many jokes among the
seamen. On reaching the ground, various games occupied the crew, while the oificers
also amused themselves in like manner. At the usual hour, dinner was piped, when all
repaired to partake of the barbecue. By this time the Indians had gathered from all
quarters, and were silently looking on at the novel sight, and wistfull}' regarding the feast
which they saw going on before them. At this time the salute was fired, when one of
the men, by the name of Whithorn, had his arm most dreadfully lacerated from the
sudden explosion of the gun. This accident put a momentary' stop to the hilarity of the
occasion. The wound was dressed as well as it could be, and a litter was made on which he
was at once sent to the ship. Men-of-war's men are somewhat familiar with such scenes ;
and, although this accident threw a temporary gloom over the party, the impression did
not last long ; and the amusements of the morning were now exchanged for the excitement
of horse-racing, steeds having been hired for the purpose from the Indians. At sunset
they all returned on board in the same good order they had landed. The rejoicings ended,
the surveying party was again dispatched to complete the survey- of Puget Sound."
On the 27th, while engaged in the examination of the Archipelago dc Haro, Captain
Wilkes received letters from Fort Nisqually advising him of the loss, on the iSth, of the
ship Peacock on the Columbia bar.
The loss of the Peacock rendered necessary a material change of Captain Wilkes'
operations. He transferred his pennant to the brig Porpoise^ and with that vessel, the
Fh'i'ig Fish and the boats of the Peacock^ surveyed the Columbia river to its extreme
navigable point. Lieutenant Ringgold was transferred to the J'ii/coiiies, which ship, with
the late ofiicers from the Peacock, was ordered to San Francisco to survey the Sacramento
river. FortunateU', the brig Thomas H. Perkins^ Captain Varney, from Boston, was then
at Astoria. She had been chartered by Dr. McLoughlin, but he released the vessel, and
Captain Wilkes purchased her. After necessary alterations, she became the Oregon, and
was assigned to the command of Lieutenant Carr.
In accordance with instructions of the Navy Department, all the exploring parties
having completed their duties in Oregon, bv the aSth of October, 1S41, had reported to
Captain Wilkes in San Francisco.
In August, 1 84 1, Sir George Simpson, Governor of the Hudson's Bay Company
Territory, then making an overland journey round the world, visited Oregon Territory.
On the ist of September, accompanied b}' Governor James Douglas, chief factor Hudson's
Bay Compau}-, he took leave of Captain Charles Wilkes, and the officers of the United
States exploring expedition, then at Fort \'ancouver, engaged in surve3-ing the Columbia
river. Sir George was starting for Fort Nisquall}-, where the steamer Bea7rr, Captain
William McNeil, awaited to convey him to Sitka. Forty-eight hours in the Hud.son's Bay
Company's bateau brought the party to the Cowlitz farms of the Puget Sound Agricultural
Company. Here is Sir George Simpson's picture of Cowlitz and Nisqually in the fall
of 184 1 :
HON.LOREN B.HASTINGS
PORT TOWNSEND , W. T.
(decease d)
THE RED RIVER COLONY TO PUGET SOUND. 229
" Between the Cowlitz river and Puget Sound, a distance of about sixty miles, the
country, which is watered by many streams and lakes, consists of an alternation of plains
and belts of wood. It is well adapted both for tillage and pasturage, possessing a genial
climate, good soil, excellent timber, water power, natural clearings and a seaport, and that,
too, within reach of more than one advantageous market. When this tract was explored,
a few years ago, the compau}- established two farms upon it, which were subsequently
transferred to the Puget Sound Agricultural Company, formed under the company's
auspices, with the view of producing wheat, wool, hides and tallow, for exportation. On
the Cowlitz farm there were already about a thousand acres of land under the plough,
besides a large dairy, and an extensive park for horses and stock ; and the crops this
season amounted to eight or nine thousand bushels of wheat, four thousand of oats, with
a due proportion of barley, potatoes, etc. The other farm was on the shores of Puget
Sound (Nisqually Plains); and, as its soil was found to be better fitted for pasturage than
tillage, it had been appropriated almost exclusively to the flocks and herds. So that now,
with only two hundred acres of cultivated land, it possessed six thousand sheep, twelve
hundred cattle, besides horses, pigs, etc. In addition to these two farms, there was a
Catholic mission, with about one hundred and sixty acres under the plough. There were
abso a few Canadian settlers, retired servants of the Hudson's Bay Company ; and it was
to the same neighborhood that the emigrants from Red river were wending their way."
The purpose of that emigration was occupancy by colonization. It was an earnest
exhibit of British policy, but more especially of the Hudson's Bay Compan}^, to establish
British agricultural colonies in Oregon north of the Columbia river, the better to assure
retention of that region. It had become manifest that the ultimate settlement of the
question of boundary between the United States and Great Britain might depend upon
occupanc}' of the soil by actual settlers. The company engaged in this scheme of
colonization, because by its license of trade it was restricted from acquiring and holding
lands ; its rights were merely possessory. It was a mere tenant for a term of j'ears, not a
settler. As an inducement to settlement, each head of a family had been guaranteed, on
arriving, the use and increase of fifteen head of cows, fifteen ewes, the necessary work
oxen or horses, house and barn accommodations. The colonists were from " the Red
River Territory, which had been granted in 1811 by the Hudson's Bay Company to Lord
Selkirk. The population consisted of Canadians, Orknej-men and Scotchmen and their
mixed descendants. The half-breeds of every stock generally derive their aboriginal blood
from the swampy Crees, who are allowed to be the most comely of all the native tribes,
and who have, during the lapse of two or three ages, picked up something of civilization at
the company's oldest posts."
On the 15th of June, 1841, twenty-three families, under the leadership of Captain
James Sinclair, a clerk in the Hudson's Bay Company's service, left Manitoba, Red River
Territor}', for Puget Sound. They had started twenty-eight da3^s earlier than Sir George
Simpson ; and he and his little party overtook them on the sixteenth day out from Port
Garr}-. Savs he : " These emigrants consisted of agriculturists and others, principally
natives of Red River settlement. There were twenty-three families, the heads being young
and active, though a few of them were advanced in life, more particularly one poor woman
upwards of seventy-five years of age, who was following after her son to his new home.
As a contrast to this superannuated daughter of the Saskatchewan, the band contained
several very j-oung travelers, who had, in fact, made their appearance in this world since the
commencement of the journey. Beyond the inevitable detention which seldom exceeded
230 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
a few hours, these interesting events had never interfered with the progress of the brigade;
and both mother and child used to jog on, as if jogging on were the condition of human
existence.
" Each famih- had two or three carts, together with bands of horses, cattle and dogs.
The men and lads traveled in the saddle, while the vehicles, which were covered with
awnings against the sun and rain, carried the women and 3'oung children. As they
marched in single file, their cavalcade extended above a mile in length ; and we increased
the length of the column by marching in compau}'. The emigrants were all healthy and
happy, living in the greatest abundance, and enjoying the journey with the highest
relish. Before coming up to these people, we had seen evidence of the comfortable state of
their commissariat in the shape of two or three still warm buffaloes, from which only the
tongue and a few other choice bits had been taken."
The train traveled along up the Bow river (south branch of the Saskatchewan),
and crossed the Rock}' Mountains at the confluence of two of the sources of the
Saskatchewan and Columbia rivers near Fort Kootenais, at an altitude of 8,000 feet. They
left their carts on the east side at an abandoned post called the Mountain House.
Treacherously deserted at Bow river by their guide, a half-breed of some education,
they providentially met a Cree Indian, Bras Croche, who guided them through an excellent
pass in the mountains, and continued with them to Nisquall}'. On the 5tli of August,
they crossed the summit of the Rocky Mountains and reached Fort Walla Walla on the
4th of October. That night, or on the morning of the 5th, the fort took fire and was
entirely consumed. These emigrants assisted in moving the stock and effects ; and b}'
their opportune presence most of the property was saved. One of the party had
returned to Fort Edmonton, another switched off to California, and several families
stopped at the Cowlitz farm. Thirteen families arrived on the Sth of November at Fort
Nisqually, where they remained during the winter.
Complaints were made by the colonists that the compau}' failed to comply with
their contract. But one or two remained at Nisqually Plains ; two or three families only
stopped at the Cowlitz. This was the only attempt made by the Puget Sound Agricultural
Company to make settlements in the territory north and west of the Columbia river. The
scheme to establish agricultural colonies upon Puget Sound from Red river proved a
failure.
Chapter XXIX.
(1S42.)
Appointment of Dr. White as Sub Indian Agent — Fremont's First Expedition
to the Soutli Pass — Immig:ration of 1842 — Efforts Renewed to Form a
Provisional Government — Wliite's Importance as a Public Functionary —
Citizens of Tualitan Plains Combine to Pr<>tect Themselves Against Evil-doers —
White's Administration of Indian Alfaii's in the Interior — His Reports to the
War Department.
IN THE latter part of Januar}', 1842, the War Department, which at that period
embraced the Indian Bureau, appointed Dr. Elijah White, discharged physician of the
Oregon Methodist Mission, sub-agent for the Indian tribes west of the Rocky Mountains,
with a compensation of seven hundred and fifty dollars per annum. He was to report
information : as to territory, — its resources, general features, soil, climate and adaptability
for settlement; the number and condition of the population ; statistics as to Indian tribes
west of the Rocky Mountains ; their attitude towards the American settlers, and the
influence exerted by the presence of the Hudson's Bay Compan}-.
This appointment was without political significance, 3'et, in connection with the first
Fremont expedition which immediately followed, may be considered as indicating that the
Executive Department of the nation was awakening to an interest in the internal affairs
of the territory.
In the spring, the War Department instructed Lieutenant John C. Fremont, United
States Topographical Engineers, " to explore and report upon the country between the
frontiers of Missouri and the South Pass in the'Rock}- Mountains, and on the line of the
Kansas and Great Platte rivers."
Wilson P. Hunt, in command of Astor's overland expedition, had (in November,
1S12), discovered the South Pass. That region had been annually traversed by hunters
and trappers ; that pass had been crossed by pack animals, by carts, b}^ wagons ; na}^, more,
the missionar}' women on horseback had successfully crossed the continent. If it were
essential to the recognition that a practicable wagon road could cross those plains and
mountains, that the shores of the Pacific could be reached overland by emigrants from the
frontier States, that an United States army officer should be guided by a trapper over
the beaten track, which year after year had been pursued by uncultured Rocky Mountain
men, and so recently by women, such had now been supplied by the first Fremont
reconnaisance. Fremont had gone over the route. He had seen it and had returned to
Washiugton and made a scientific report. He left St. Louis May 22d, ascended the Missouri
river 400 miles, traveled westward, reaching the South Pass August 8th, and by the 29th of
October had returned to Washington. The government had become possessed of an
official report, which could not more than verify the oft-repeated accounts of experienced
hunters and trappers, and the published statements of Wilson P. Hunt, the Sublette
brothers, and Ashley, Pilcher, Bonneville and Rev. Samuel Parker.
( ^31 )
232 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
About the 17th of INIarch, Dr. White, accompanied by Medorem Crawford and
Nathaniel Crocker of New York, and the two IMcKay brothers, Alexander and John,
natives of Oregon, started from their respective homes in New York for Independence,
Missouri, which they reached on the first of May. Several families and single men
en ?-out(' for Oregon were encamped twenty miles to the southwest at Elm Grove. The
number of emigrants increased until the i6th, upon which day a meeting was held to
organize a company. It was resolved " That ever^^ male over the age of eighteen 3-ears
shall be provided with one mule or horse or wagon conveyance ; he shall have one gun,
three pounds of powder, twelve pounds of lead, one thousand caps or suitable flints, fiftj^
pounds of flour or meal, and thirty- pounds of bacon, and a suitable proportion of provisions
for women and children; and if any present be not so provided, he shall be rejected."
Dr. \\liite read his appointment as sub-agent and was elected captain for one month.
Columbia Lancaster, L. W. Hastings and A. L. Lovejoy were constituted a " scientific
corps to keep a faithful and true record of everything for the benefit of all those
who may hereafter move to Oregon, and that the government may be well informed
oT the road, its obstructions, means of subsistence, eminences, depressions, distances,
bearings, etc."
A blacksmith, wagon-maker, road and bridge builder were selected, each of whom was
authorized to employ two assistants, and, when necessar}-, to call upon the force of the
company. The code of laws was to be enforced by reprimand, fines and final exclusion.
Profane swearing, obscene conversation and immoral conduct rendered the off"ender liable
to expulsion ; a register of the names of ever}- man, woman and child was to be kept b}'
Nathaniel Crocker, Secretary-.
James Coats was chosen pilot. These preliminaries all settled, the first emigrant
train for Oregon moved westward from Elm Grove. It consisted of one hundred and five
persons, fifty of whom were males over the age of eighteen years, eighteen wagons and a
large band of horses, mules and cattle.
When five days out, death had stricken down a child of Judge Columbia Lancaster.
The bereaved parents continued with the party for several days ; after traveling westward
170 miles, the failing health of ]\Irs. Lancaster compelled the return of the Judge and his
famil3\ Dr. White and three of the train escorted them back to the Kansas river, the
train being delayed three days for the return of the escort.
Medorem Crawford (i) has graphically described that march across the plains, its
methods, its difficulties, its trjnng scenes, its vicissitudes, its annoyances, its triumphs
over obstacles, and its termination at the Willamette valley. That narrative pictures how
Oregon acquired its population. Here, too, is a vivid picture of Oregon pioneer life :
" On the 5th of October, our little party, tired, ragged and hungry, arrived at the Falls,
now Oregon Cit}-, where we found the first habitations west of the Cascade Mountains.
Here several members of the Methodist Mission were located, and a saw-mill was being
erected on the island.
" Our gratification on arriving safely after so long and perilous a journe}- was shared
by these hospitable people, each of whom gave us a hearty welcome and rendered ever}'
assistance in their power.
" From the Falls to Vancouver was a trackless wilderness, communication being only
b}' the river in small boats and canoes. Towards Salem no sign of civilization existed
(i) Occasional Address Oregon Pioneers, 1881.
EDWARD ELDRIDGE,
WHATCOM , W T.
ADDRESS OH MEDOREM CRAWFORD. 233
until we reached French Prairie, where a few farms near the river were cultivated b}^
former employes of the Hudson's Bay Compan}-.
" Within the present limits of Yamhill count}^, the only settlers I can remember were
Sidney Smith, Amos Cook, Francis Fletcher, James O'Neil, Joseph McLaughlin,
\\'illiams, Louis La Bonte and George Ga3\ There may have been one or two more, but
I think not. South of George Gay's on the west and of Salem on the east side of the
Willamette river, there were no settlements within the territory.
" There were in the valley some twelve or fifteen Methodist missionaries, most of
them having families, under the general superintendence of Rev. Jason Lee. Some were
at the Falls,, some at Salem, and some at the mission farm ten miles below Salem, opposite
the place now known as Wheatland. At these places, especially the Falls and Salem,
man}- improvements were being made, and employment was given at fair wages to all who
desired work. Pajanent was made in lumber and flour from their mills at Salem, cattle
and horses from their herds, and orders on the mission stores at the Falls kept by Hon.
George Abernethy. There w^as no money in the country ; in fact, I do not remember of
seeing a piece of mone}^ of any description for more than a j-ear after my arrival. A
man's financial condition was based upon his cattle, horses, and credit with the Hudson's
Bay Company, or on Abernethy's books. W^ith these he could procure everything that
was purchasable in the country.
" All kinds of tools and implements were scarce, and generally of the most primitive
character. There were no wagons in the country. Carts of the rudest manufacture were
in general use, which among the French were generally ironed with rawhide. Ground was
plowed with wooden mold-boards. Grain was threshed in rail-pens by the tramping of
horses, cleaned by winnowing in the wind, and transported in canoes and bateaux to Fort
Vancouver to market. i\Iost of our clothing came from the Hudson's Bay Company, was
all of one size, and was said to have been made to fit Dr. McLoughlin, who was a very
large man.
" Boots and shoes were more difficult to obtain than any other article of clothing. As
for m3-self, I had no covering for my feet for two years, either summer or winter, but
buckskin moccasins ; still I never enjoyed better health in my life."
Sub-Agent WHiite reached Fort Vancouver about the 20th of September. Dr. John
McLoughlin thus chronicles the arrival : " Dr. White, who had formerly been a member
of the Methodist Mission, but disagreed with them and left them in 1840, came with these
immigrants.. He himself gave out, at a meeting which he called for the purpose, as
having been appointed sub Indian agent by the American government for Oregon
Territory; but of course the officers of the Hudson's Bay Company did not acknowledge
his authority."
Rev. Gustavus Hines (i) says: "The subject of organizing a government was
revived in September, 1842 ; but Dr. White, who was now in the country as sub-agent of
Indian affairs, contended that his office was equivalent to that of governor of the colon3^ Some
of the citizens contended that the Doctor's business was to regulate the intercourse between
the Indians and the Whites, and not to control the Whites in their intercourse among
themselves. Without arriving at anything definite on this point, after hearing the
documents brought to the countr}^ from Washington, the people scattered away to their
homes upon the plains, pleased with what they considered a preliminary step of the L^nited
States towards extending jurisdiction over the territory of Oregon. The meeting alluded
U) Hilies' History of Oregon.
234 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
to was held at Champoeg September 23, 1S42, of whicli Dr. I. L. Babcock was chairmau
and George W. Le Bretou secretary. Dr. White read his credentials as snb Indian agent,
made a speech, and resolutions were adopted to be ofificiall}' communicated b}- Dr. White
to the government of the United States."
The Doctor remarks : " With the advent of so many new settlers, the people of the
colony began seriouslj^ to entertain the project of establishing a provisional form of
government. Meeting after meeting was held for this purpose, which, from there being
so many aspirants to the most important offices, proved abortive."
In his first official report to the Indian Bureau, he states how cordiality he was received
b}- Chief Factors McLoughlin and Douglas. To them "his appointment gave pleasure
rather than pain, a satisfactory assurance that these worth}' gentlemen intend eventually
to settle in this country, and prefer American to English jurisdiction." That hospitality
had been manifested to ever}' government official visiting their posts ; and there is but a
single report by an authorized agent of the United States visiting this territory which
does not commend the presence of the company as promotive of the well-being of Oregon
at that period.
The appointment of a Federal officer, and favorable legislation by Congress for the
territory, anticipated from the report of Sub-Agent White in his speech to the Champoeg
meeting, engendered a confidence in the American settlers that the government would not
much longer defer assertion of territorial rights, and the extension of Federal jurisdiction
over the territory.
Late in the fall, the dwelling-house of Rev. A. B. Littlejohn, on the Tualitan plains,
had been broken open and stripped of clothing, bedding, provisions and movables. His
neighbors, Rev. J. S. Griffin and those old Rocky Mountain men, Robert Newell, George
W. Ebberts, Caleb Wilkins, William Doughty and Joseph E. Meek, constituted themselves
detectives, with an agreement to assemble at the call of any of their number. Within a
few days, an Indian came to William Doughty's house. His inquiries as to who was
suspected by the Whites, and his too familiar acquaintance, for an innocent party, with
the details of the crime, led Doughty to suspect that his visitor was either the burglar or
that he knew all about it. Doughty at once assembled his colleagues. The Indian was
put upon trial, and confessed his guilt. That primitive vigilance committee adjudged tluit
he should receive five lashes at the hands of each of his judges, to be well laid on. The
prisoner was tied up to an oak-tree, and the sentence duly carried into execution.
The incident was a matter of considerable comment. The maintenance of a
permanent organization similar to the modern vigilance committee found many advocates.
The subject gradually assumed the shape of a discussion at lyceums and elsewhere of a
plan of political organization. All shades of opinion existed. The Canadian-French
settlers were averse to organization. The majority of independent American settlers were
reconciled to wait, and continue to hope that the United States government was about to
extend to the country and its citizens the protection of its institutions and laws.
Shortly after the arrival of Sub-Agent White, reports were current that the Walla
Wallas, Cayuses and Nez Perces, closely allied by intermarriage, were about to form a
hostile combination against the missionary stations in the interior, and the American
settlements in the Willamette.
On the 1st of November, the sub-agent left Willamette, accompanied by Cornelius
Rodgers as interpreter, and Thomas McKay, an old Hudson's Bay Company chief trader.
At Walla Walla, Chief Trader Archibald McKinlay, then in charge of that post, joined
CODE OF LAWS OF SUB INDIAN AGENT WHITE. 235
the party. With McKay and McKinla}^, White was as safe from damage among the
Oregon Indians as in the White House at Washington. He could not have selected a
better escort to secure himself, or to have accomplished any result with the Indians.
Having dispatched messengers from Fort Walla Walla to notify the CajHises and
Walla Wallas to meet his part}- upon the day named for their return, the party went to
Lapwai, which place they reached December 3d. At the council of Nez Perces, a chief
and twelve sub-chiefs were elected. Doctor White immortalized himself by introducing a
code of laws, which, after the usual talk, was, of course, unanimously ratified by the
children of the " Great Father " at Washington. Such had been and ever will be the
custom of treating with Indians. That " White " code, consisting of eleven articles
intended for the Indians, is worthy to be placed among the most exalted pieces of diplomacy
with the Indian tribes, in the official documents of the Indian Bureau. It reads thus :
" Article i. Whoever willfully takes life shall be hung.
" Art. 2. Whoever burns a dwelling-house shall be hung.
" Art. 3. Whoever burns an outbuilding shall be imprisoned six months, receive Mty
lashes and pay all damages.
" Art. 4. Whoever carelessly burns a house or anj^ property shall pay damages.
" Art. V If any one enter a dwelling without permission of the occupant, the chiefs
shall punish him as the}- think proper. Public rooms are excepted.
"Art. 6. If any one steal, he shall pay back twofold; and, if it be the value of a
beaver skin or less, he shall receive twenty-five lashes ; and, if the value is over a beaver
skin, he shall pay back twofold and receive fifty lashes.
" Art. 7. If any one take a horse and ride it without permission, or take an}- article
and use it without liberty, he shall pay for the use of it and receive from twenty to fifty
lashes, as the chief shall direct.
" Art. 8. If any one enter a field and injure the crops, or throw down the fence so
that cattle or horses go in and do damage, he shall pay all damages and receive
twenty-five lashes for every offense.
" Art. 9. Those only may keep dogs who travel, or live among the game ; if a dog
kill a lamb, calf or any domestic animal, the owner shall pay the damage and kill the dog.
" Art. id. If any Indian raise a gun or other weapon against a white man, it shall
be reported to the chiefs, and they shall punish him. If a white man do the same to an
Indian, it shall be reported to Dr. White, and he shall punisli or redress it.
"Art. II. If an Indian break these laws, he shall be punished by his chiefs; if a
white man break them, he shall be reported to the agent, and punished at his instance."
In that famous report of the sub Indian agent to the Indian Bureau, chronicling the
establishment of law and order among the Indians of the interior, occurs a description of a
most remarkable phenomenon :
" Mount St. Helens, one of the snowcapped volcanic mountains some 16,000 feet above
the level of the sea, and eighty miles northwest of Vancouver, broke out upon the 20th of
November, presenting a scene the most awful and sublime imaginable, scattering smoke
and ashes several hundred miles distant ; and, in the meantime, immense quantities of
melted lava were rolling down its sides, and inundating the plains below."
In just such grandiloquence and Gulliverian hyperbole does Dr. Elijah White, Sub
Indian Agent of the tribes west of the Rocky Mountains, amplify the distance traveled, and
the dangers he incurred in that winter negotiation to give the benighted Nez Perces a
code of laws. With like draft upon the imagination does he multii^ly the number of
savages his presence and opportune arrival rendered submissive to law and his authority.
Chapter XXX. •
(1843-)
Agitation of the Question of Formation of Government — Tlie "Wolf Meeting" —
Committee of Twelve to Report a Plan for Protection of the Settlement —
The Formation of a Government and Election of Officers — First Legislative
Committee — Its Report of an Organic Law — Division of the Territory into
Districts — The People Approve the Organic Law — Boundaries of Territory.
DESPITE the failure of the experiment of '41, American settlers had not abandoned
governmental organization. During 1842, they had invited the Canadians to unite
with them in organizing a trmporary government south of the Columbia river. British
subjects, apprehensive that it might interfere with their allegiance, remained passive.
The experiment of '41 had originated with the Methodist IMission, or rather with its
most prominent members. The idea was still so fostered by its leading members as to
cause it to be regarded as a missionary movement. The agitation had more or less
continued at Willamette Falls, now Oregon Cit}'. The lyceum selected questions for
debate bearing upon political organization of the territory. The prominent citizens
participated in the discussions. A resolution favoring provisional government had been
zealousl}' debated ; and, by a large majorit\-, such proposition had been pronounced
inexpedient.
Among the leading citizens, some favored a government independent of both Great
Britain and the United States, — a sort of Pacific Republic. Lansford W. Hastings, of the
emigration of 1842 (afterwards distinguished as a judge in California), offered the
resolution: '^T\\^'i\\.\'& expedient for the settlers upon the Pacific coast to establish an
independent government." George Aberueth}', Oregon's first governor, championed the
opposite side. Warmly was the theme discussed, earnestly combated ; but, by a large
niajorit}', that resolution w^as adopted. To check this incipient disregard for the Union,
and national integrit}', Aberneth}- introduced for the next debate :
'"Resolved, that, if the United States extends its jurisdiction over this country within
the next four years, it will not be expedient to form an independent government."
The discussion and decision were more patriotic, and a healthier American feeling
appeared. This resolution, which breathed the sentiment, " Wait a little longer," passed
by a large majorit}-, and was really the index of the feeling of the American population.
Those pioneers wanted no Pacific republic ; and there and then was an end put to what
has since been called by one of those earl\- patriots, " the secession movement of Oregon."
Happily it had embraced but very few ; and the reign of disaffection was short-lived.
With the immigrants of '42, the Americans had become the majority of the white
population of the Willamette valle}'. It was but natural that the Canadians should not
desire to co-operate in a movement, the object of which necessitated their submission to
law imposed by citizens of a rival nation, at a time when their own countr}' and that rival
( 23G )
MRS. SARAH ZACHARY;
CDRNELIUS,DR.
SOLOIVIDN EMERICK,
CORNELIUS, OR
MRS S EMERICK,
CORNELiUS^DR.
THE WOLF MEETING." 237
were actually contending for title to the soil, the success of that contest depending
materially upon the nationality of the actual settlers. Nor can those American settlers
be criticised for an opinion leading them to hesitate to join in hurrying into existence a
government designed to occupy only a portion of the territory, and in that portion to
include only such residents or settlers who voluntarily accepted its authority. Such was
the mixed condition of affairs, the mixed allegiance of the settlers, the mixed opinions as
to what was needed, and how the proper plan was to be consummated.
An avowed attempt to y^TW rt^6't'^;'«wi^«/' would have arrayed the Canadian-French
in opposition, — would have confirmed the doubting or conservative Americans into
opponents. Those who opposed the movement because premature would have become its
enemies if pressed to immediate action. Hence, the expedient was resorted to of bringing
together all classes, and uniting them in a movement in which all felt a common interest.
It was hoped thus to pave the way for continuing mutual acts for the common benefit,
possibly from time to time amplifying the duties of such co-operative association.
A notice was issued for a meeting on February 2, 1843, at the Oregon Institute, to
consider the propriety of adopting measures for the protection of herds, and for the
destruction of animals which preyed upon cattle, stock, etc. The ulterior purpose was a
combination of settlers, — a co-operative association to concert measures for the formation
of some kind of civil government. Dr. I. L. Babcock presided. William H. Wilson was
chosen secretar}'. A committee consisting of William H. Gra}-, Alanson Beers, Joseph
Gervais, W^illiam H. Wilson, G. W. Bellamy and Etienne Lucier were appointed to make
arrangements for a general meeting, and to report business to such meeting. This done,
the " Wolf Meeting," as it is known in history, adjourned to meet at the house of Joseph
Gervais, on the first Monday in March.
On the 4th of March, the citizens of the Willamette held a general meeting at the
house of Joseph Gervais. James A. O'Neil (of Captain Wyeth's party of 1834) was
called to the chair. George W. Le Breton was elected secretary. The committee reported
a series of resolutions : i. Declaring defensive and destructive war against wolves, bears
and panthers, and such other animals as are known to be destructive to cattle, horses,
sheep and hogs ; 2. Designating predatory animals, and fixing a scale of bounties for
their killing; 3. Bounties to be raised by subscriptions of settlers, to be paid to a
treasurer. A treasurer having been elected, the " Wolf Association " had been organized.
But the meeting did not adjourn. It then and there passed a resolution for the appointment
of a committee of twelve, " to take into consideration the propriety of taking measures for
the civil and military protection of this colony." The organization committee of twelve
consisted of Dr. I. L. Babcock, Dr. Elijah White, James A. O'Neil, Robert Shortess, Robert
Newell, Etienne Lucier, Joseph Gervais, Thomas J. Hubbard, Charles IMcRoy, William
H. Gray, Sidney Smith and George Gay.
That the outcome of that meeting to form a " Wolf Association " would prove to be
either the submission of a plan of government, or a proposition to initiate the preliminary
steps to organize, had been public expectation. The Canadian-French had prepared to
enter a solemn protest, drafted by Rev. F. N. Blanchet, subsequently Roman Catholic
.•\rchbishop of Oregon. The Canadian remonstrance was not read at that meeting. It
was handed to the secretary ; but as no plan of government was submitted, and the matter
to which it referred was delayed until the committee of twelve should report, it was laid
on the table.
238 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The committee of twelve designated May 2, 1843, at Champoeg, as the time and place
" to consider the propriety of taking measures for the civil and military protection of the
colony." On that day, at that place, in an open field, the pioneers of Oregon came
together to perform that duty. Dr. I. L. Babcock presided. Messrs. Gray, Wilson and
Le Breton were secretaries. The committee reported a plan of organization, which, being
submitted to the assembly, the motion to accept was about to be declared lost. Confusion
and excitement succeeded, amid which George W. Le Breton demanded a division. He
was promptly seconded by William H. Gray. Colonel Joe Meek, with that dash which
ever characterized him, realizing the situation, came forward and, assuming the lead,
called out, " all in favor of the report follow me." The effect was magnetic. Meek's
column marched to the right, while the opponents of organization filed to the left. The
vote was close ; but the report had been accepted, — fifty-two to fifty. The dissenters in
a body withdrew, leaving the government party without further opposition.
The report was considered and adopted article by article, after which followed the
filling of the offices which had been created. The plan necessitated a Supreme Judge with
probate powers, a clerk of court or recorder, a sheriff, three magistrates, three constables,
a treasurer, a major and three captains, and, finally, " a committee of nine persons to draft
a code of laws, to be presented for approval to a public meeting to be held at Champoeg
on the 5th day of July next."
A. E. Wilson was elected Supreme Judge, George \N . Le Breton Clerk, and Joseph
L. Meek Sheriff. The first legislative committee consisted of Robert Shortess, David Hill,
Alanson Beers, William H. Gray, Thomas J. Hubbard, James A. O'Neil, Robert Moore,
Robert Newell and William Doughty.
Several instructions of the Legislative Committee were passed: "That the sessions of
the said Legislative Committee should not exceed six days ; that no tax should be levied ;
that the office of governor should not be created; that the compensation of the Legislative
Committee should be $1.25 per day; that the revenues of the territory should be
contributed by voluntary subscriptions."
The meeting elected four magistrates, four constables, a major and three captains. It
reorganized the officers elected at the primary meeting of the people of Oregon, validated
the official acts of such officers, and continued them in office till July 5, 1843, at which
time the officers-elect were to be installed.
The Legislative Committee gave evidence of earnestness and zeal, each member
contributing a sum equal to the full amount of his services. Alanson Beers and Dr.
Babcock each subscribed an amount equal to the aggregate pay of the committee. The
Methodist Mission fitted up the building known as " the Granary," and allowed its use
free of charge. The first legislative hall of Oregon was a story and a half frame, sixteen
by thirt}' feet, with a square room in front, which had been used as a school, then as a
church, and now as a capitol. Back of this hall and above stairs, it was used as a granary
or storeroom ; and hence the name of the building.
The first Legi.slative Assembly of Oregon commenced its session May i6th, sitting
four days, adjourned to June 27th, and finished its labors upon that and the succeeding
day. Robert Moore was Chairman, and George W. Le Breton, Secretary. From this
committee emanated an organic law and articles of compact, which were ratified July 5)
1S43, by the people of Oregon in mass meeting assembled at Champoeg. The preamble
was as follows :
FIRST LEGISLATIVE COMMITTEE OF OREGON. 239
" We, the people of Oregon Territor}', for purposes of mutual protection, and to secure
peace and prosperity among ourselves, agree to adopt the following laws and regulations,
until such time as the United States of America extend their jurisdiction over us."
The first section of the organic law is prefaced by a provision for the division of the
territor}' into districts, viz. : " For the purposes of temporary government, the territory
shall be divided into not less than three nor more than five districts, subject to be
extended to a greater number when an increase of population shall require." In
accordance with such provision, the Legislative Committee reported a law recommending
the establishment of districts, as follows:
" First District, to be called the Tual.atin District, comprising all the country south
of the northern boundary line of the United States west of the Willamette or Multnomah
river, north of the Yamhill river, and east of the Pacific Ocean.
" Second District, to be called the Yamhill District, embracing all the country' west
of the Willamette or Multnomah river, and a supposed line running north and south from
said river, south of the Yamhill river, to the parallel of forty-two degrees north latitude,
or tlie boundary line of the United States and California, and east of the Pacific Ocean.
" Third District, to be called the Clackamas District, comprehending all territory
not included in the other three districts.
" Fourth District, to be called the ChampoEG District, and bounded on the north by
a supposed line drawn from the mouth of the Haunchauke river, running due east to the
Rocky Mountains, west by the Willamette or ]\Iultnomah river, and a supposed line
running due south from said river to the parallel of forty-two degrees north latitude, south
by the boundary line of the United States and California, and east by the summit of the
Rocky Mountains.
" The above districts to be designated by the name of ' Oregon Territory.' "
The remainder of Section I contains a number of articles, constituting " the Articles
of Compact among the free citizens of this territory, enunciating the principles of civil
and religious liberty which constitute the basis of all laws and constitutions of government."
" No person demeaning himself in a peaceable or orderly manner shall ever be
molested on account of his mode of worship or religious sentiments. The inhabitants
shall always be entitled to the writ of fiabcas corpus and trial by jury, of a proportionate
representation in the legislature, and of judicial proceedings according to the course of
common law. All persons shall be bailable, unless for capital offenses, where the proof
shall be evident, or the presumption great.
" Fines shall be moderate. Cruel and unusual punishments shall be prohibited. No
man shall be deprived of liberty without due process of law. Property taken through
public exigencies shall be compensated. No law should interfere with or affect private
contracts or engagements, bona fide and without fraud. It is the dut}- of government to
encourage religion, morality and knowledge, by aiding in the support of schools. The
utmost good faith shall always be observed towards the Indians. Their lands and propert}-
shall never be taken from them without their consent. Their property, rights and liberty
shall never be invaded nor disturbed, unless in just and lawful war authorized by the
representatives of the people. Laws formed in justice and humanit}' shall from time to
time be made for preventing injustice being done to them, and for preserving peace and
friendship with them.
" There shall be neither slavery nor involuntary servitude in said territory, otherwise
than for the punishment of crimes whereof the party shall have been duly convicted."
240 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Section II provided as follows : The officers elected were continued in office till the
annual election in May, 1844. The qualifications of electors were thus defined: " Every
free white male descendant of a white man, over twenty-one years of age, who was an
inhabitant at the time of the organization of the government, and all emigi-ants of such
description after six months' residence."
Executive power was vested in an executive committee of three, to be elected at the
annual election, with authority to pardon and reprieve, to call out the military force of the
territory, to see that the laws are faithfully executed, and to recommend laws to the
Legislative Committee. Two of their number constituted a quorum.
Legislative power was vested in a committee of nine, apportioned to the districts in
ratio of population, excluding Indians; the members to reside in the districts from which
chosen, and to be elected at each annual election.
Judicial power was vested in a Supreme Court, consisting of a Supreme Judge and
two Justices of the Peace; a Probate Court and Justice's Court; and the jurisdiction of
said courts, both appellate and original, was defined and limited.
" The Legislative Committee recommend that a subscription paper be put in circulation
to collect funds for defraying the expenses of the government, as follows : ' We, the
subscribers, hereby pledge ourselves to pay annually to the treasurer of Oregon Territory
the sum affixed to our res'pective names, for defraying the expenses of government:
Provided, that in all cases each individual subscriber may, at any time, withdraw his name
from said subscription upon paying up all arrearages and notifying the treasurer of the
colony of such desire to withdraw.' "
The Legislative Committee also recommended the passage of a militia law, and a law
relating to land claims. The latter prescribed the manner of taking claims, and the
requirements to be complied with to secure title : " No individual shall be allowed to
hold a claim of more than one square mile, or 640 acres in a square or oblong form,
according to the natural situation of the premises ; nor shall any individual be able to
hold more than one claim at the same time. Any person complying with the provisions
of these ordinances shall be entitled to the same process as in other cases provided by law.
No person shall be entitled to hold such a claim upon city or town lots, extensive water
privileges, or other situations necessary for the transaction of mercantile or manufacturing
operations : Provided, that nothing in these laws shall be so construed as to affect any
claim of any mission of a religious character made prior to this time, of extent not more
than six miles .square."
A unique method of securing a complete code of laws is presented in the proceedings
of the Legislative Committee. By a single, simple resolution, naming the edition of a
certain publication, the work was effected: ^'■Resolved, that the laws of Iowa, as laid
down in the ' Statute Laws of the Territory of Iowa, enacted at the first session of the
Legislative Assembly of .said territory, held at Burlington, A. D. 183S-9, published by
authority in Dubuque, Rus.sell & Reeves, printers, 1839,' certified to be a 'correct copy ' by
William B. Conva}-, Secretary of Iowa Territorj', be adopted as the laws of this territory."
These laws, this Organic Law, these Articles of Compact, were submitted to a
meeting of citizens at Champoeg, Juh' 5, 1843. The meeting was called to order by
George W. Le Breton, Secretary or Recorder of the committee. Dr. Babcock, the former
president, not being present at the commencement of the meeting, Rev. Gustavus Hines
was called to the chair. The report of the Legislative Committee met with little opposition,
except the article which provided for an executive committee. Among the instructions to
1 -
"V
-ri~
,?■■
THOMAS MERGER,
SEATTLE, W.T.
1
i
I
i
THE PROVISIONAL GOVERNMENT ESTABLISHED. 241
the Legislative Committee, none were so decisively passed as the one against creating the
office of governor. Mr. Hines denounced the action of the committee in disregarding the
spirit of that instruction, and characterized the proposed triple executive as a hydra-headed
monster, a repetition of the Roman triumvirate. Dr. Babcock, who had favored tetuporary
organization, contended that this clothing the executive with such powers tended to
permanent establishment, which was an ignoring of their true purposes as well as
instructions. Gray, O'Neil and Shortess defended the action of the committee, admitted
that the instructions had not been strictly followed, but claimed that in the plan
recommended they had avoided making the office of governor, and had supplied a council
or senate to act, combining it with executive power. There were but few votes in the
negative on this article. The report, substantially as made by the chairman (Hon.
Robert Moore), was adopted with much unanimity.
David Hill, Alanson Beers and Joseph Gale were elected members of the Executive
Committee. The}', and the officers of the Provisional government of Oregon, that day took
the oath of office, and entered upon the discharge of their duties as prescribed in the
compact.
The Provisional government, republican in its form and essence, had been established.
The American element had struggled hard to inaugurate it, and had at last triumphed.
After its establishment, all classes contributed to the expense of carrying it on, and
yielded a support which insured its success. Its inauguration marks the tran.sition of
Oregon to republican rule, to the submission to the will of the majority, to final
Americanization. It is the monument of the wisdom of the Oregon pioneers, the proof
of their sagacity. It was the only means to neutralize an influence against which it could
not have successfully contended, which, while it was paramount, retarded progress and
defeated American enterprise.
What was the territory intended to have been comprised within the jurisdiction of
the Oregon Provisional government, as established in 1843 ^ ^^ the creation of districts
or counties, care is manifested to adopt language and designate as a north boundary of
the northern districts the phrase, " Northern boundary of the United States." As they
also use the qualified language, "west of the Willamette river," it is clear that the
government recognized the then existing idea that the Columbia river might probabl}- be
the boundary line between the United States and Great Britain. The Oregon Territory,
under the Provisional government of 1843, ^^'^^ bounded north bj- the Columbia river.
Under its administration, and before the rrcoiistruction in 1845, no district was organized,
no officer appointed, no land claim recorded in that vast portion of Oregon north of the
Columbia river.
Chapter XXXI.
(1843-)
Sad Accident Near WHlaiiiette Falls — Departure of Immigrants of '4tJ for California
— The "Petition of 184;}," Its Authorship and Contents — Dr. John BlcLoughlin's
Answer to Its Charges — Cattle Policy of the Hudson's Bay Company — Dr.
McLoughlin's Statement as to Formation of California Cattle Comjiany — Rev.
Daniel Lee's Statement as to Said Company — Oregon City Claim — llev. George
Gary, Superintendent of Oregon Methodist Mission, Sells Its Property to Dr.
McLoughlin — Section Eleven of Donation Law of September 21, 1850 — The
Immigration of 1843 — The Cattle Contract — Fremont's Second Exjiedition.
MEDOREM CRAWFORD, in the " occasional " address at the Pioneer's Reunion of
1 881, thus chronicled the casualties and causes of discouragement which ushered in
Oregon's spring of 1843. Early in Februar}^ an event happened which cast a gloom over
the Willamette settlement : " Dr. White and Nathaniel Crocker of our company, W. W.
Raymond of the Methodist Mission, Cornelius Rodgers, a teacher, with his wife and her
3'oung sister, daughters of Rev. David Leslie, were on their way to the falls in a large
Chinook canoe manned by four Indians. Arriving at the rapids above the falls, where
the breakwater and basin are now located, they attached a line to the canoe, as was the
custoiu ; and Mr. Raymond and two Indians walked along the rocks to hold it while
approaching a landing place just above the falls, where the saw-mill now stands, across
the channel. As the canoe came alongside a log. Dr. White stepped out, and instant!}- a
strong current caught the stern, and, snatching the line from those on the bank, carried
the canoe like a flash over the falls, onl}' a few rods distant. The canoe was dashed into
a thousand fragments, and, with its living freight, swallowed up in the whirlpool below.
This was indeed a fearful blow to our little colony. And, as the sad tidings were
carried through the settlement, all business was suspended and general grief and sadness
pervaded.
" A number of our conipau}-, probably one-third, dissatisfied with the winter, acting
on their migratory instincts, determined to go to California. It was said of some that they
never remained in one place longer than to obtain the means to travel; and of one family
in particular, that they had practicall_v lived in the wagon for more than twenty years,
only remaining in one locality long enough to make a crop, which they had done in every
state and territory in tlie Mi-ssissippi valle}-. Accordingly, under the lead of L. W.
Hastings, they set out as soon as the weather would permit, and, after encountering some
difficulty with Indians, reached the Sacramento valley. Those who remained generally
located claims in the Willamette valley, which were recognized and respected without
other protection than public opinion until the Provisional government was established."
In March, a petition to Congress was circulated, and was signed by man}- influential
members of the Oregon Methodist Mission, and American settlers. Equally prominent
{ 242 )
THE PETITION OF 1S43, ITS AUTHORSHIP AND CONTENTS. 248
missionaries and settlers refnsed to sign. The " Petition " was really an appeal to the
United States government to adopt nieasnres against the continuance of the Hudson's Bay
Company in the territory. It was a bitter manifesto against that company, its presence in
the territory, its polic}- of trade and manner of occupancy. It inveighed against Dr. John
McLoughlin and his associate officers for " opposition to the improvement and enterprise
of American citizens." Its circulators and signers denounced those who refused to sio-n
as anti-American. Those charges and counter-charges, sympathies or prejudices,
constituted the politics of that period. The petition was dated March 25th. Robert
Shortess' name headed the list of sixty-five signers. He was long accredited as its
draftsman. On the ist of September, 1S67, he "I'ide the following statement (i): "The
authorship of that famed petition being claimed by Governor Abernethy, I will state the
part he had in getting it up, I, without consulting any one, determined on an application
to Congress, and drew up a summary of the subjects I intended to embrace, and .showed it
to one or two persons. It was decided to request Mr. Abernethy to write it in proper
form, which he did, but refused to sign or allow it to be circulated in his handwriting,
fearing it might injure the mission. I had it copied by A. E. Wilson. It was circulated
and, through his assistance, sent to Washington. As Governor Abernethy would feel
himself unjustly treated if the authorship of the petition were ascribed to me, I will state
that he wrote it at m}' request and from my notes, but refused to sign or have it circulated
in his handwriting" (2).
The petition recites : " Laws are made to protect the weak against the mighty ; and
we feel the necessity of them in the steps that are constantly taken by the honorable
Hudson's Bay Company, in their opposition to the improvement and enterprise of
American citizens. You have been apprised already of their opposition to Captain Wyeth,
Bonneville and others ; and we find that the same spirit dwells with them at the present
day. Some years ago, when the Hudson's Bay Company owned all the cattle in Oregon,
they would not sell on anj- conditions ; but they would lend their cows to the settler, he
returning to the company the cows loaned, with all the increase. And, in case of the
death of a cow, he then had the privilege of paying for it. But after settlers, at a great
risk and expense, went to California and purchased for themselves, and there was a fair
prospect of the settlement being supplied, then the Hudson's Bay Company were willing
to sell, and at lower rates than settlers could sell.
"In 1841, feeling the necessity of having mills erected, that would suppl}- the
settlement with flour and lumber, a number of the inhabitants formed themselves into a
joint-stock company, for the purpose of supplying the growing wants of the conimunit3\
Mau}- farmers were obliged to leave their farms on the Willamette, and go six miles above
Vancouver, on the Columbia river, making the whole distance about sixty miles, to get
their wheat ground, and at a great loss of time and expense. The company was formed,
and proceeded to select a site. They selected an island at the Falls of the Willamette, and
concluded to commence their operations. After commencing, the}' were informed by Dr.
McLoughlin, who is at the head of the Hudson's Bay Company's affairs west of the Rock}-
Mountains, that the land was his, and that he, although a chief factor of the Hudson's
Bay Company, claims all the land at the east of the Willamette, embracing the Falls,
down to the Clackamas river, a distance of about two miles.
" He had no idea, we presume, that the company would succeed. However, he
erected a shed on the island, after stuff was on the island to build a house, and then gave
UJ Autograph letter to author.
(2) The " Petition " will be found in the documents of the twenty-eighth Congress, hrst session.
244 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
them permission to build under certain restrictions. They took the paper he wrote them,
containing his conditions, but did not obligate themselves to complj- with the conditions,
as they did not think his claim just or reasonable. Man}' projects had been started by
inhabitants, but, for want of means and encouragement, failed. This was predicted for
the milling company. But, after much labor and diflSculty, thej^ succeeded in getting a
saw-mill erected and ready to run, and entered into a contract to have a grist-mill erected
forthwith. And now, as the}' have succeeded, where is the Hudson's Bay Company ?
Dr. IVIcLoughlin employs hands to get out a frame, and erects it at Willamette Falls ; and
we find, as soon as the frame is up, the gearing, which has been made at Vancouver,
brought up in boats, that that which caused a feeble company of American citizens months
of toil and embarrassment is accomplished by the chief factor of the Hudson's Bay
Company in a few weeks.
" He has men and means, and, it is said by him, that in two iveeks his mill will be
sawing. And what will be the consequence? Why, if the milling company sell for
fifteen dollars per thousand, he can sell for twelve ; if they reduce the price to ten, he can
come to eight, or five, or two dollars per thousand. He says he will have a grist-mill in
operation. All the wheat in Oregon they are anxious to get, as they ship it to Russians
on the northwest coast. In the first place, they measure wheat in a half bushel, called by
them ' imperial measure,' much larger than standard measure of the United States. This
not answering, they next proceed to kick the half bushel with their foot to settle the wheat.
Then they brought up a measure larger than the former ; and now they fill this measure,
then strike it three times with a stout club, and then fill it up and call it fair measure.
''Against such proceedings we need law which will be respected and obeyed. About
twelve or fourteen years ago, the Hudson's Bay Company blasted a canal a few feet, to
conduct water to a mill they were going to build, timber for which is now lying at the
Falls, rotting. They, however, abandoned the thing altogether, and built their mills on
the Columbia, about six miles above Fort Vancouver, on the north side of the river.
"In the year 1838, agreeably to orders left by Mr. Slacum,a house was erected at the
Falls to secure the claim for him. In 1840, the Methodist Mission erected buildings and
stationed two families there, and made a claim to sufficient laud for their buildings, not
interfering with any others who might wish to build. A short time previous to this. Dr.
McLoughlin had a storehouse erected for the company, not occupied, however, further
than to store wheat and other articles, and as a trading-house during the salmon season.
After this, in 1841, a shanty was erected, and a man kept at the Falls, whose business it
was to trade with the Indians for furs and salmon, and look out for the Doctor's claim, he
said, and to forbid persons building at the Falls, as some had built, and others were about
building. This man was, and still is, a servant of the Hud.son's Bay Companv.
"During 1841 and 1842, several families settled at the Falls, when Dr. McLoughlin,
who still resides at Fort Vancouver, comes on the ground, and says the land is his, and
every person building without his permission is held as a trespasser.
" Without reference to any person's right or claim, he employs a surveyor to run out
the plat ; and as a bill was before the Senate of the United States to grant every white
male inhabitant a mile .square, he has a mile run out to suit his views, and lays out a town
plat at the Falls, and calls it ' Oregon City.'
"Although .some, for peace sake, asked hiui for lots they already had in possession,
and which he appeared very willing to grant, the Doctor now felt himself secure, and posted
up the annexed paper :
--■.■^t^'
A.H.REYNOLDS,
WALLA WALLA.WT.
THE PETITION OK 1843, ^'^'^ AUTHORSHIP AND CONTENTS. 245
" ' Notice is hereby giveu to all whom it may concern, that those who have obtained
grants of lots in Oregon Citj' will be expected to call on L. W. Hastings, my anthorized
agent at Oregon City, and obtain bond for deed or deeds, as the case may be. Those who
hold claims to any lot, and who comply with above requisite on or before the first daj^ of
February next, will be entitled to their lot or lots ; otherwise, lots upon which they hold
claims will thereafter be subject to any disposition which the undersigned may think
proper to make of them. '"John McLoughlin.'
"All who had lots were required to pay Mr. Hastings five dollars for a deed of land
wliich the}- knew very well the grantor did not own, and which we hope he never will own,
but that Congress will pass a special act, granting each man his lot and improvements.
To those who applied and paid their five dollars, all was right with the Doctor ; while
those who considered his title to the land not good, and that therefore he had no right to
direct who should build and who should not, had their lots sold to others. In one case,
the purchaser came to the original claimant and ordered him to stop digging the ground
which he was preparing for a garden, and commanded him to remove his fences, as he had
Dr. AIcLoughlin's bond in his pocket for the lots ; and if he did not move the fence, he
would, and did, take forcible possession. Those who desired to have no difficulty, and did
not apply for a deed, have lost their lots, the Doctor's promise and all. And Mr. Hastings,
the Doctor's agent, is now offering for sale lots on which a part of the mission buildings
stand ; and if he succeeds in finding a purchaser, they must either contend or lose their
buildings, too.
" Dr. McLoughlin has held claims in other places south of the Columbia river. At
Tualatin Plains and at Clackamas Plains, he has huts erected to prevent others from
building. And such is the power of Dr. McLoughlin, that many persons are actually
afraid to make their situations known, thinking if he hears of it he will stop their supplies.
Letters were received here from Messrs. Ladd & Co., of the Sandwich Islands, in
answer to a letter written by the late Ewing Young, for a few supplies, that orders were
received forbidding the company's vessels carrying any goods for the settlers of Oregon.
Ever}' means will be made use of by them to break down everything that will draw trade
to this countr}^, or enable persons to get goods at any other place than their store.
" One other item and we are done. When United States government officers of
distinction arrive. Fort Vancouver is thrown open and every facility afforded them. They
were even more condescending to settlers during the time the exploring squadron was
in the Columbia. Nothing was left undone to give the officers a high opinion of the
Hudson's Bay Company."
Dr. John McLoughlin was, and since the combination of the Hudson's Bay and
North West Companies had been, in charge of the Hudson's Bay Company's affairs west
of the Rocky Mountains. The policy denounced in the petition had been established by
him. It details a series of acts, dishonest, sordid and selfish upon his part, — mean,
oppressive and ruinous to the settlers. That early friend of Oregon, that eminent
benefactor of his race, has long since been called to his reward. Those whom Robert
Shortess names as connected with the authorship of the petition are no more. Happy is
the duty in giving publicity to the manly and generous views of the conceiver of that
" Petition." In a letter to the author, quoted above, Mr. Shortess says :
" In a short time the entire policy of the company, or at least of Dr. McLoughlin,
underwent a change ; and he, the Doctor, afforded very great facilities to immigrants and
240 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
settlers, for whicli, in man}'- cases, he received an ungrateful return. He was a man of
excellent qualities of head and heart ; and few men wielding the power that he did would
have done it with greater leniency."
That document was an arraignment of John McLoughlin for his management of the
Hudson's Bay Company's affairs, an accusation of oppression and wrong to the Oregon
pioneers and their families : i. It charges that Dr. McLoughlin refused to sell cattle for
many years, and afterwards sold at lower rates than settlers ; 2. It refers to the Oregon
City claim. It was valuable as a townsite, and for its wonderful water power. Such
features made it valuable to the Methodist Mission, to the American settler. The petition
denounces the Doctor's acts of settlement as in bad faith ; that his claim is without shadow
of right. It asks that he may be divested of interest, his claims be ignored and
disregarded; 3. It complains that he can build mills and saw lumber cheaper, and does
undersell the settler ; 4. It alleges that in buying wheat he insisted upon good measure ;
5. That those who had recognized his claim to Oregon City, and had obtained grants of
lots from him, he notified to comply with their contract; 6. That the company's vessels
were not allowed to bring goods from the Sandwich Islands to settlers ; 7. That the
company's officers were more hospitable to visiting officials and persons of distinction than
to private citizens.
Simple justice to the memory of the dead demands quoting Dr. McLoughlin's own
comments upon those imputations upon his personal integrity and method of dealing.
Of the cattle policy and the Oregon City claim, more extended discussion cannot be
avoided. As soon as Dr. McLoughlin had been informed of the charges made in the
petition, he thus referred to them (i) :
" First, as to my opposing them in purchasing cattle, it is false. Mr. Lee knows how
false this is. Every one knows, who was then in the country, that so anxious was I to
replenish the country with cattle, that I killed none till 1838, and would sell none,
because, as I told them, they would kill them, and not allow them to increase. But I leut
cattle to every man who wanted to settle, for which, when thej^ had them, I took wild
cattle from California, and of which fully one-half died a short time after we got them. As
to kicking or striking the half bushel, it is the custom in that part of Canada where I have
been. The measure is the imperial measure, and which ought to contain seventy pounds of
good wheat. Talking some time ago with Dr. White, in case the cooper might have made
a mistake, I had a half bushel measured by an imperial copper half-pint measure (sent
here for the purpose), in the presence of Dr. White, and, though it was exactly the
measure with water, yet I find, filled with wheat, it does not weigh seventy pounds ; and
as our wheat is as good as any I know, I infer that the measure is smaller than it ought
to be, which is caused by the copper measure having been knocked a little on the side, and
is, therefore, smaller than size. The truth is, when I was first asked the price of wheat,
I said two shillings and sixpence, as I calculated a bushel to weigh sixty pounds ; but
finding, on measuring it, that it weighed sevent3'-two pounds, I told them, without their
asking it, I would give three shillings per bushel.
" I thought that my character as an honest man was be3-ond suspicion ; when I find
who those are who have cast these reflections on me, I shall have no dealings with them,
as I will not deal with people who suspect my integrity. As to reports, if the}- sold their
boards for twenty dollars per thousand, I would sell them for fifteen dollars per thousand,
and undersell them, it is false ; and, as to the Hudson's Ba}' Company and I opposing
(I) Letter to I.ausford W. Hastings, Esq., April lo, 1843.
DR. McLOUGHLIN ANSWERS CHARGES IN PETITION OF 1S43. 247
the interests of citizens, really, the citizens are themselves the best judges if we did so or
not. And I am certain, if they are so lost to a sense of what is due to truth as to make
such an assertion, it is useless for me to say anything; but I feel confident that I can
easily prove it is not so, and that a very large majority will support me in it. As to the
petition, if the document went no further than this place, I would be silent ; but when I
consider where it is to go, and to whom it is to be presented, respect to them and to myself
makes it ni}- dutj' to take notice of it."
Persistent refusal by Dr. McLoughlin to sell cattle to the Oregon Alethodist Mission
and to settlers had caused great disaffection to the company. Dr. McLoughlin thus
referred to the course adopted by him, and rigidly adhered to it until 1838 :
" I lent them each two cows, as in 1825. We had only twenty-seven head, big and
small, old and young. If I sold, they would of course be entitled to the increase, and I
would not have the means to assist new settlers ; and the settlement would be retarded, as
those purchasers who offered me two hundred dollars for a cow would put such a price on
the increase as would put it out of the power of poor settlers to buy. This would prevent
industrious men from settling. For these reasons I would not sell, but loaned two cows
to each settler ; and, in case the increase of settlers might be greater than we could afford
to suppl}' with cattle, I reserved the right to take any cattle (above his two cows)
from any settler to assist new settlers. To the Methodist Mission, as it was a public
institution, I lent seven oxen, one bull and eight cows, with their calves."
The reason offered by Dr. McLoughlin was that there was insufficient stock in the
country; that importation was most expensive and hazardous ; and that all that there was
in the countr}- should be preserved to secure increase, was unavailing. To the settler it
was not satisfactory to be told that the company's start had been a few head driven at vast
expense and danger along the coast from the Russian establishments on Bodega Bay, in
California; that those establishments* most begrudgingly spared them, their California
settlements being onl\' intended to snppl}' northern trading-posts ; that the colonial law
of California prohibited the exportation of female cattle. The scarcity of cattle, the
dissatisfaction of settlers because of this refusal to sell, continued until the importation of
stock by the California compan3^ Referring to that enterprise. Dr. McLoughlin said:
" In the winter of 1836-7, we found means of forming a company to go to California
for cattle. I took half of the stock for the Hudson's Bay Compau}', so that, by purchasing
a larger number (as the expense of driving five hundred or a thousand was the same), it
would make the cattle cheaper. Those of the settlers who had means put it in stock;
those who had none engaged as drivers at one dollar per day, to be paid in cattle at their
actual cost. Mr. Slaciim, who came here in a chartered vessel, gave them passage ^'va/'/.y
to San Francisco. Ewing Young was selected to conduct the party. P. L. Edwards, of
the Methodist Mission, was appointed treasurer. They brought, I think, about seven
hundred head of cattle, which cost about eight dollars per head rendered in the Willamette.
The settlers kept the tame and broken oxen belonging to the Hudson's Bay Company,
and gave their California wild cattle in their place ; so that they found themselves stocked
with tame cattle, which cost about eight dollars per head. The Hudson's Ba}' Company,
to favor settlers, took calves in place of grown-up cattle, because the Hudson's Bay
Company wanted them for beef, and these calves would grow up before they were required."
Rev. Daniel Lee, nephew and associate of Rev. Jason Lee, in "Ten 3^ears in Oregon,"
thus refers to the formation of the California Cattle Company : " At this period (winter
of 1S36J, the cattle in the country nearly all belonged to the Hudson's Bay Company;
248 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
and, as it was then policy not to sell any, it became necessary for some measures to be
adopted to obtain elsewhere what could not be bought of the compan^•. In order to effect
this, an expedition was in contemplation when Mr. Slacum (i) arrived.
" On Mr. Slacum being advised of the proposed expedition to California for cattle,
and the objects of it, he lent his aid to carry it into immediate effect, and tendered passage
to those who might compose the part}-. Of this ver}- reasonable and unexpected means of
reaching California, the party availed themselves. A company was formed, and stock
invested to a considerable amount, to which were to be added the avails of labor which
the party might perform during their detention in California till the ensuing summer,
when they were to return to Willamette, where the business was to be closed. After
deducting expenses of the expedition, the owner was to receive his share of cattle according
to his investment. It being desirable to stock the mission, in view of securing permanent
provision for its future sustenance in its anticipated enlargement and progress, Rev. Jason
Lee, Superintendent, invested six hundred dollars, mission funds, for this purpose. The
part}' was organized, and was headed by Ewing Young, accompanied by P. L. Edwards,
of the mission, as punser of the company.
" The cattle party took passage with Mr. Slacum, and, after some detentions at Baker's
Bay, reached California in safety. Here they went to work and commanded high wages,
till next spring, and, as soon as arrangements had been completed, commenced their march
to the Willamette. Under an old colonial law, the transportation of female cattle had been
prohibited. Messrs. Young and Edwards, having secured a removal of the restriction,
bought Soo head of cattle at three dollars per head, and forty horses at twelve dollars each,
making the whole outlay $2,SSo.
" Their return journey was full of hardships and tlirough a rough, mountainous
country. Numbers of cattle were drow ned in swimming rivers. Some strayed, and some
were shot by Indians. One Indian was killed b}' the part}'. They reached Willamette in
October, 1837, with about six hundred head. The horses having been sold at public sale,
the cattle were found to have cost about seven dollars and sixty-seven cents apiece; of
these, more than eighty head belonged to the mission."
That importation not only supplied settlers with seed cattle, but it enabled them also
to restore to the Hudson's Bay Company borrowed cattle, upon most advantageous terms
to themselves. The company thereafter allowed their stock to roam unmolested over
extensive pasturage ranges north of the Columbia, their object being the raising of beef
cattle for their establishments, and the ultimate exportation of hides and tallow.
Subsequent to 1838, the company's cattle, except a few for work and dairy use, were
suffered to run wild, and were hunted as deer.
In the petition of '43, opposition to the claim of Dr. John McLoughlin to the tract of
land including Willamette Falls, the Oregon City claim, was grounded upon : " i. He
does not make such tract his continuous residence; but his time is divided between Fort
Vancouver and elsewhere; 2. He is a British subject; 3. He claims tracts in other
localities ; 4. Like the ' dog in the manger,' when others would utilize the water-power at
the Falls, by preparation to erect mills, he, also, then prepared to build; and as, with his
superior facilities, he could undersell Americans, his threatened competition deters
enterprise ; 5. He has disposed of lots without himself having title."
British subjects, and citizens of the United States, then inhabited the territory. Did
they not enjoy the same privileges to occupy lands and make homes ? Were not the
(I) Purser W. A. Slacum, U. S. Navy. Sec aiiic.
..r,^"*^:"
WM. ELLl OTT,
OREGON CITY.OR
MRS. NANCY ELLIOTT,
OREGON CITY, OR.
^*-*»«-"*v,.
CLINTON KELLY,
PORTLAND, OR.
,',' /
i^'
AMOS N.KING,
P0RTLAI4D,0R.
MRS. M KING,
PORTLAND, OR.
PROPERTY-RIGHTS OF AMERICAN CITIZENS AND BRITISH SUBJECTS. 249
possessor}- rights of each entitled to the same recognition "and respect ? It can hardly be
questioned that, nntil sovereignty of soil was recognized to be in the United States, until
Federal jurisdiction and law had been extended over the territory, that the American
citizen enjoyed no greater privileges than the subject of the Queen of Great Britain.
Until establishment of law and courts within the territor}', all, of whatever nationalit)',
were possessed of the same rights to occupy and utilize land, their guarantees of future '
ownership and confirmation of title being equal. If British subjects, in common with
American citizens, could not, at that time, by occupying lands in Oregon, acquire
possessory rights in such land, then Dr. McLoughlin was a mere squatter at Willamette
Falls, whose right to such claim continued only while actual possession was maintained.
His right was, of course, subject to whatever conditions should be prescribed by law,
when the territor}' became an organized government. If he were an alien, and that class
were disqualified from acquiring lands, then Dr. McLoughlin would be compelled to elect
whether he would continue his alienage or become a citizen of the United States. Should
actual residence for a prescribed period be imposed as a condition to acquire title, he would
have to comply with the law or forfeit his claims. In short, whatever the law should
impose would have to be performed by every British subject in common with ever}-
American citizen.
There existed the conviction, on the part of American residents, that Oregon south of
the Columbia river would never be recognized as British territory. So believing, their
jealousy against British subjects seizing the most valuable claims in that section may be
extenuated. To that jealousy may be attributed the presence in the "Petition" of
frivolous insinuations, detracting from the tone of a memorial of grievances, and lowering
it to a mere dogmatic tirade. However natural such prejudice, it was none the less
unjust. In iSiS, the United States and Great Britain, the national claimants of the
territory, had entered into a treaty providing for its joint occupancy for ten years. In
1827, ^^^^^ condition of affairs had been continued, until it should be terminated after
twelve months' notice had been given by either nation. " The country westward of the
Stony Mountains had continued free and open to vessels and subjects of both nations."
The faith of the two nations for a quarter of a century had been solemnly pledged
that British subjects, and citizens of the United States, might settle in any part of the
^■ast region west of the Rocky Mountains, and from forty-two degrees to fifty-four
degrees, forty minutes north latitude, and that no prejudice to the territorial claim of
either nation should inure by such settlement. As nations, neither could occupy to the
prejudice of the other; but to British and American citizens, in an equal degree, the
country was free and open. Both were equal before that treaty, the supreme law of the
land. Nay, more, acts of Congress had been suffered at different sessions to pass the
Senate or House of Representatives (not concurrentl}^ for it was not intended that they
should become law while the territory was in dispute), but, foreshadowing a legislation
encouraging the settlement of Oregon, by donations of land to all who would settle,
regardless of nationality. The boon was extended to the native born to go to Oregon. It
was alike offered as an incentive to the Briton, there to become an American citizen.
Congress voluntarily indicated a policy encouraging settlement. It held out inducements,
to both the native born and alien, to settle and acquire land in Oregon. It virtually
promised that, when sovereignty was determined to be in the United States, such land
should be confirmed to the actual settler.
250 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Under the Joint-Occupancy Treaty, under the spirit of the legislation of Congress,
intended to invoke occupancy of Oregon, and thus secure to the United States an
advantageous termination of the boundary controvers}^. Dr. John McLoughlin, by the
expressed action of the United States, stood in the same relation as a native-born citizen,
entitled to the same consideration at the hands of the United States Congress as did the
signers of the Petition of 1843. The vast territor}' was open to him as a British subject,
free to settle anywhere ; for none had been present to oppose him when he came. As
early as 1S2S-9, he had encouraged the formation, south of the Columbia river, of an
agricultural settlement by retired servants of the Hudson's Bay Company. In 1829, he
projected the erection of a saw and grist mill, as an auxiliary to such settlement; with
this in view, to obtain water power, he occupied the land at Willamette Falls, the present
site of Oregon City. During the winter, his workmen had resided there in three log
houses, preparing timber for the saw-mill. In the spring following, they cultivated a
garden. The Canadian settlement made but little progress, as the necessities for lumber
and of the wheat supply did not demand the immediate erection of mills. In 1832, the
mill race was blasted. In 1838, the square timber was hauled to the site of the mill, and
a house and store were erected, the houses built in 1829 having been destroyed b)^
Indians.
In 1840, Rev. Jason Lee, Superintendent of the Oregon Methodist jMission, applied to
Dr. John McLoughlin for permission to build a missionary station at Willamette Falls,
and for the loan of sufficient square timber for the erection of mission buildings. Dr.
IMcLoughlin freely granted sufficient ground for the buildings. As machiner}^ for his
mill had not arrived, he loaned the mission the desired timber. Dr. William F. Tolmie,
then on dut}' at Fort Vancouver, was sent to show Superintendent Lee what had been
reserved for the mill j'ard, and to designate the spot upon which Dr. McLoughlin
consented that the mission building might be erected. To avoid misunderstanding, as
also to give publicit}' to his claim. Dr. McLoughlin addressed Rev. Jason Lee, July 21,
1840, written notice, embod3'iug his offer. The Rev. Jason Lee, Superintendent, accepted
that offer, recognizing Dr. McLoughlin as the party authorized to make it.
The Methodist Mission building was at once erected, consisting of two apartments,
one for a store, the other for the residence of the missionary, Rev. A. F. W^aller. In 1841,
Felix Hathaway had some timber upon an island, intending to build. He was notified by
Dr. AIcLoughlin that the claim of the latter embraced that island. In that same year was
formed the " Willamette Milling and Trading Company," three-fourths of the stock being
held by members of the Oregon Methodist Mission. There were a few shares held by
independent settlers, among whom was Felix Hathaway. He and his associates now
occupied the island regardless of the claim of Dr. IMcLoughlin. The compau}- at once
proceeded to erect a saw and grist mill on the island, containing about two and a half
acres, afterwards called Abernethy Island. The water flowed over it during high water ;
at low water, it is separated from the main land by a channel fort}- feet wide. Dr.
McLoughlin, as soon as he learned of the formation of the companv, and their purpose,
notified them that his claim included the island, but consented to their going on, giving
them a written document, in which he made certain reservations. Superintendent Lee,
who attended the first or second meeting of the company, before an}- operations had been
commenced, stated that the island upon which they contemplated building was within the
limits claimed by Dr. McLoughlin.
THE OREGON CITY CLAIM. 251
111 the fall of 1S42, Dr. McLouglilin, having heard that Rev. A. F. Waller intended
to claim the Falls, communicated such rumor to Superintendent Lee, who, having seen
Mr. Waller, assured him that he denied such intention. A few days later, a settler applied
to Dr. McLoughlin for a building lot. He was directed to make his selection. Waller,
noticing the settler so engaged, ordered him to desist, sa3'ing, " it was all well enough for
Dr. AIcLoughlin to give awa}- lots on Mr. Waller's claim, but he preferred to give away
his own lots." This unmistakable claim by Air. Waller called forth a correspondence
between Dr. McLoughlin and Superintendent Lee. On the i8th of November, 1842, Dr.
McLoughlin inquired of Superintendent Lee whether Rev. A. F. Waller claimed a mile
square at Willamette Falls ; to which, on the aSth, Superintendent Lee replied :
" I said to you that I had conversed with Mr. Waller on the subject of claims at the
Falls, and that I understood him to say that he sat up no claim in opposition to yours ;
but, if your claim failed, and the mission did not put in a claim, he considered he had a
better right than any other man, and should secure a title to the land if he could. From
what I have since heard, I am inclined to think I did not understand Mr. Waller
correctl}- ; but I am certain it is so. You will here allow me to say, that a citizen of
the United States, by becoming a missionar}^, does not renounce any civil or political
right. I cannot control any man in these matters, tho' I had not the most distant idea,
when I stationed Mr. Waller there, that he would set up a private claim to the land."
No satisfactor}' settlement was reached between the Rev. Mr. Waller and Dr.
McLoughlin, although several propositions appear to have been made. In the summer of
1843, John Ricord, Esq., who st3'led himself "Counsel of the Supreme Court of the United
States," stopped at Fort Vancouver, and, while there, remarked that, as Dr. McLoughlin
was a British subject, he could not hold Willamette Falls. Dr. McLoughlin proposed to
retain his professional services, and asked him to indicate how he (Dr. McLoughlin)
could secure his property-rights at the Falls. Ricord declined to give an opinion ; but,
a few days later, in company with Rev. Jason Lee, he again called at Fort Vancouver,
upon which occasion he handed to Dr. McLoughlin a note, in which the following offer
was made :
" I shall be most happy to serve you on the following conditions : That your
pre-emption line be so run as to exclude the island upon which a private company of
citizens have erected a grist-mill, conceding to them as much water as may be necessary
for the use of said mill ; that Rev. A. F. Waller be secured in the ultimate title to two
cit}' lots now in his possession, and other lots, not exceeding five acres, to be chosen b}-
him from among unsold lots of j'our present survey ; that Rev. Jason Lee, on behalf
of the Methodist-Episcopal Mission, be also, in like manner, secured in regard to certain
lots in Oregon City. For my services, in attempting to establish 3-our pre-emption to the
land in question, the sum of ^300 sterling money.
" The three first-mentioned conditions are induced by a wish to escape the
censure of several personal friends in this countr}- ; to diminish at the same time, as
much as possible, the opposition which I am convinced will be made to your claim ;
and to secure on your behalf the valued testimoii}- of some important witnesses. I
would desire not to make public the fact of my retainer, lest any person, unfriendl}- to
your claim, should in the meantime endeavor to counteract ni}- efforts. Conciliation
ought to be observed towards those who have heretofore pretended to hold adverse
possession of the same tract."
252 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
This proposal, which had the appearance of a desire for amicable settlement, bnt was
really a suggestion that Dr. McLoughlin should 3-ield everything to those he had too
much reason to believe were trespassing on his rights, was declined. He replied : " I am
most anxious to do everything I can to promote a good feeling among members of our
little community ; still the desire ought to be mutual. But, in the document you gave
me, the concessions are all to be on my side ; and some of these are perfectly inadmissible,
as the}' are out of my power to be complied with."
A week later, Counselor Ricord regretted that he was precluded from ser\ang
Dr. McLoughlin, and notified that officer that he wished to go to the Sandwich Islands,
and inquired about securing passage. That was about the 17th of November. Rev. Mr.
Lee, Superintendent, accompanied Ricord to the Sandwich Islands on the bark Columbia.
Dr. McLoughlin then made an offer in regard to the mission's claim, aud also as to the
milling compau}-, but did not recognize an}- right in Rev. A. F. Waller. Three days
before this verbal interview. Counselor Ricord had penned a notice, dated December 8,
1843, which he caused to be served February 22, 1844. That notice was signed by Ricord,
as " Counsel of the Supreme Court of the United States, and attorney for A. F. Waller."
Said counsel also issued an address to the people of Oregon in behalf of his client. Rev.
A. F. Waller, invoking them to resist the aggressions of Dr. McLoughlin. In that
address will be found this demagogic appeal : " These, fellow citizens, are the facts aud
some of the points of law in my client's case. Upon the same principle contended for
by Dr. McLoughlin, any of you ma}' incur the risk of being ousted from your farms
in the colony by the next rich foreigner who chooses to take a fancy so to do, unless,
in the first instance, you come unanimously forward and resist these usurpations." The
letter to Dr. McLoughlin by the attorney of Mr. Waller is interesting, because it shows
the animus of those who would deprive Dr. McLoughlin of his property, or his right of
possession to property. John Ricord, "Counsel of the Supreme Court of the United
States," thus stated the position of his client :
" A. F. Waller has taken formal measures at Washington to substantiate his claims
as a pre-emptor and actual settler upon the tract of land, sometimes called the Willamette
Falls settlement, and sometimes Oregon City, comprising six hundred and forty acres ;
and, being aware that, although a foreigner, you claim to exercise acts of ownership over
said land, this notice is given to apprise you that all sales you may make of lots, or other
subdivisions of said farm, after the receipt hereof, will be regarded by my client, and by
the government, as absolutely fraudulent, and will be made at your peril.
" The grounds upon which my client claims exclusive right, under the laws of the
United States, of acquiring a patent for said land, are :
" ist. As a citizen of the United States, in 1840, when he first took possession of the
same ;
" 2d. Prior occupancy, building, fencing aud clearing of said land, from which he has
never removed his domicile.
" The ground on which he denies your pretended claim to the right under the laws of
the United States of acquiring a patent to the said tract of laud are:
" I St. That you are an alien, owing allegiance to a foreign government; and therefore
you are not eligible to such a claim ;
" 2d. That you are the chief officer of a foreign corporate monopoly, aud that that
would be sufficient of itself to debar you of any such rights;
HOWARD W.STRATTON
SPOKANE FALLS, W.T.
SALE OF PROPERTY OF OREGON METHODIST MISSION. 253
" 3d. That you have never resided upon the laud alluded to since the mouth of
December, A. d. 1S40, when you first openlj' laid claim to the same ; but that, on the
contrary, you have always resided and still reside at Vancouver, on the north bank of the
Columbia, within the territory actually in dispute between the two governments, at least
twenty miles from this land ; and that, upon no other principle than that of omnipresence,
could you be supposed to settle thereon ;
" 4th. That while 3'ou pretend to hold said land for yourself, you in fact hold the same
for a foreign corporate body, evinced by the employment of their agents and partners, as
your pretended agents ; and, as no corporation in the United States can acquire land b}'
pre-emption, so most assuredl}' a foreign one cannot; and,
" 5th. That your claim arose, if at all, more than two j-ears subsequently to your
actual possession, building, fencing, clearing and cultivation ; and that therefore, all other
reasons aside, it cannot be so good.
" I regret extremely the failure of my endeavor to make an amicable compromise of
this matter, and that my client has been driven to the vexatious proceedings of the law,
in order to establish his rights as an American citizen."
And thus matters had continued, without material change, until the spring of 1844.
In April, Dr. Elijah White, while on a visit to Fort Vancouver, conversing with Dr.
McLoughlin upon the subject of differences between the Methodist Mission and "Sir.
Waller, on the one part, and Dr. McLoughlin on the other, as to the Oregon Cit}- claim,
volunteered to interview Mr. Waller. x\n arbitration resulted. Dr. Elijah White, James
Douglas and William Gilpin were selected, who awarded to Rev. A. F. Waller five acres
and five hundred dollars, and to the Oregon Methodist Mission fourteen lots. Governor
James Douglas had favored buying off the Doctor's contestants, and the Doctor submitted.
In June, 1S44, Rev. George Gary succeeded Rev. Jason Lee as superintendent of
the Oregon Methodist Mission. The sale of the property of the mission having been
determined upon. Superintendent Gary, on the 15th of July, submitted in writing the
following proposition to Dr. John McLoughlin : " The following is the valuation we put
upon the property of the Missionary Board of the Methodist-Episcopal Church in this place
I Willamette Falls). We deem it proper to present a bill of items, that you maj' more
fully understand the grounds of our estimate: One warehouse, $1,300; one white
dwelling-house, $2,200 ; outhouses and fencing, $200 ; old house and fencing, $100; four
warehouse lots, $800; eight lots in connection with dwelling-house, $1,400. Total,
$6,000. The two lots occupied by the church are not included in the above bill. If
you should conclude to purchase the above-named property, you will do it with the
understanding that we reserve the occupancy of the warehouse until the ist of June,
1845; the house in which Mr. Abernethy resides until August, 1845; and all the
fruit-trees on the premises, to be moved in the fall of 1844 or spring of 1845; ^"<i
the garden vegetables now growing. If you .see fit to accept this proposition, please
inform us at the earliest opportunity, as we cannot consider ourselves pledged longer than
a day or two."
Dr. McLoughlin felt outraged at this extortion. In vain he referred to the fact
that he had so recently donated the lots ; that the old house was built with lumber
borrowed of him. He suggested that the matter might be referred to the
Methodist-Episcopal Missionary Board ; but every proposition was rejected. The
reverend gentleman justified himself, as it was " business." The business man vainly
254 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
urged that honor and conscience might be regarded. The terms were accepted ; the
mission, as such, was out of the controversy, but not its late constituent elements. As
individuals, the relentless spoliation against him continued.
With the great migration of 1843 ^^^^ come Peter H. Burnett, a law3'erfrom Alissouri,
with a reputation for ability and integrity. (The Oregon Provisional government made
him Chief Justice. When Oregon became an United States territory, he was appointed
an Associate Justice of its Supreme Court. Moving to California in 1849, he was elected
first governor of that state, and served afterwards upon its Supreme bench.) Dr.
McLoughlin retained him as counsel. Under his advice. Waller, though still an occupant
of the claim, was not disturbed, as Waller could acquire no adverse right against his
landlord, under whom, as tenant, he had entered. The milling compan}- was notified that
Dr. McLoughlin would assert his right to the island, as soon as courts of law should be
established with jurisdiction to adjudicate land titles.
The election, in 1S44, of Mr. Polk as President, on the Oregon issue of "fifty-four,
forty or fight," created excitement in Oregon. War was suppo.sed to be imminent,
if not at that time declared. Dr. McLoughlin had estates in Canada. To change his
alleo-iance in time of war might be attended with most serious personal consequences.
Neither could he, in such a condition of affairs, as a British subject, hope to retain Oregon
City. As soon as the war-bubble had been dispelled, he had resolved to sever his
connection with the Hudson's Ba}- Company, and become a citizen of the United States.
His former legal adviser had become Chief Justice of the Oregon Provisional government.
Dr. McLoughlin appeared before him to declare his intention to become an American
citizen, and to renounce all allegiance to the British Crown. But Judge Burnett was
powerless to receive that declaration. He had neither authority of law to administer such
an oath, nor was his court authorized by law to receive, file, or attest such declaration.
Scrupulous and conscientious, he denied the application. The Provisional government
might not be recognized ; clearly its courts were not among those courts upon which
Congress had conferred jurisdiction to naturalize aliens. The Oregon controversj- had
been settled between the two nations. Dr. McLoughlin had resigned the service of the
Hudson's Bay Companj^, and was residing at Oregon City. Governor Joseph Lane, first
governor of Oregon Territory, had arrived, and, on March 3, 1S49, issued a proclamation
formally announcing the extension of Federal jurisdiction over the territor3\ Hon.
William P. Bryant, commissioned as Chief Justice of the Oregon Supreme Court, had
entered upon the discharge of his judicial duties. A court competent to tr^- the title to
Abernethy Island had been furnished ; but Chief Justice Bryant and Governor Lane had
become purchasers of that island. On the 30th of May, 1849, John McLoughlin declared
his intention to become a citizen of the United States, in what was called the United
States District Court of the county of Clackamas, Oregon Territor}'. Those territorial
courts have ceased to be regarded as United States courts; but their jurisdiction to
naturalize was exercised and sanctioned b}- authorit}-.
Samuel R. Thurston, in honor to whose memory the county of Thurston received its
name, was elected Oregon's first delegate to the Congress of the United States. On the
27th of September, 1850, that Congress passed the Donation Law, its eleventh section
being as follows :
" And be it further enacted, that what is known as the ' Oregon City claim,' excepting
the Aberneth}' Lsland, which is hereby confirmed to the legal assigns of the Willamette
Milling and Trading Company, shall be set apart and be at the disposal of the Legislative
SECTION ELEVEN OF DONATION LAW OF SEPTEMBER 27, 1850. 255
Assembly, to the establishment and endowment of a university, to be located at such place
in the territory as the Legislative Assembly may designate : Provided, however, that all
the lots and parts of lots iu said claim sold or granted by Dr. McLoughlin, previous to the
fourth day of March, eighteen hundred and forty-nine, shall be confirmed to the purchaser
or donee, or their assigns, to be certified to the Commissioner of the General Land Office
by the Surveyor-General, and patents to issue on said certificates as in other cases."
It will be asked, " wh}' were such wrongs perpetrated by Congress ? " The solution
will be found in the address of Oregon's representative to his constituents, embodj'ing the
misrepresentations and character of the arguments used. Here is an extract from his
personal appeal to members of Congress urging the passage of the Donation Law :
" I will next call your attention to the eleventh section of the bill, reserving the
townsite of Oregon City, known as the ' Oregon City claim." The capital of our territory
is located here; and here is the county seat of Clackamas county. It is unquestionably
the finest water-power in the known world; and as it is now, so it will remain, the great
inland business point for the territory. This claim has been wrongfully wrested
by Dr. McLoughlin from American citizens. The Methodist Mission first took the
claim, with a view of establishing here their mills and mission. They were forced to
leave it, under the fear of having the savages of Oregon let loose upon them; and
successively a number of citizens of our couutr}^ have been driven from it, while Dr.
McLoughlin was j-et at the head of the Hudson's Bay Compau}', west of the Rock)'
Mountains. Having at his command the Indians of the country, he has held it by
violence and dint of threats up to this time. He had sold lots up to the 4th of March,
1849, worth $200,000. He also has upon it a flouring mill, granaries, two double
saw-mills, a large number of houses, stores and other buildings, to which he may be
entitled b}- virtue of his possessory rights, under the treaty of 1S46. For only a part of
these improvements which he may thus hold, he has been urged during the last year to
take $250,000. He will already have made a half million out of that claim. He is still
an Englishman, still connected in interest with the Hudson's Bay Company, and still
refuses to file his intentions to become an American citizen, and assigns as a reason to the
Supreme Judge of the territory that he cannot do it without prejudicing his standing in
England.
" Last summer he informed the writer of this, that whatever was made out of this
claim was to go into the common fund of the Hudson's Bay Company, of which he and
the other stockholders would share in proportion to their stock; in other words, that he was
holding this claim for the benefit of the company. Now, the bill proposes to reserve this
claim, subject to whatever rights he may have to it, or any part of it, by virtue of the
treaty, and confirms the title to all lots sold or donated by him previous to March 4, 1S49.
This is designed to prevent litigation. That daj' is fixed on because, on that day, iu
Oregon City, Governor Lane took possession of the territor}', declaring the laws of the
United States in force, and apprising Dr. McLoughlin and all others, that no one had a
right to sell or meddle with the government lands. Dr. McLoughlin ought to have been
made to pay back $200,000; but, not wishing to create any litigation, the committee
concluded to quiet the whole matter by confirming the lots. Having in this wa}' made
S20o,ooo, and his possessory rights, if it shall turn out that he lawfully acquired any,
being worth §300,000 more, the people of Oregon think 3'our bount}- is sufficient to this
man, who has worked diligently to break down the settlements ever since they commenced;
and the}- ask to save their capital, their county-seat, and the balance of that noble
256 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
water-power from tlie grasp of this Britisli propagandist, and bestow it on the young
American generation in Oregon in the shape of education, upon whom you and the
country are to rely to defend and protect the western outposts of this glorious Union.
" When the Methodist Mission was driven from this claim, they went onto an island
in the middle of the river, and constructed mills and made other improvements. This
island is known as Abernethy Island, and is of no value, except for the improvements upon
it. It consists of about two acres of barren rock. This island was subsequently sold to
George Abernethy, and the bill ought to confirm the same to Abernethy or his assigns.
This is a simple act of justice to American citizens, who now have their mills and property
staked on those rocks, and on which, for a long time, stood the only mill in the valley
where an American could get any grain ground for toll."
It is impossible to believe that the eleventh section of the Oregon Donation Law
could ever have received the sanction of Congress, but for the representations that John
McLoughlin had refused to become an American citizen ; that he had refused to renounce
allegiance to the British Crown. Congress is blameless for acting upon information before
it, and for reaching the decision that the Oregon City claim was without a lawful claimant,
and donating it to the territory for educational purposes.
John McLoughlin, who had assisted the American immigrant, who had given up his
high rank and salary in the Hudson's Bay Company rather than ignore the claims of
humanity and refuse credit to the destitute settler, was iij his old age thus unjustly
despoiled of his property. The island went to the assigns of the milling company. The
good and generous old friend of the Oregon pioneer, broken hearted and soured with the
injustice of the world, sunk into his grave in the fall of 1857. Five years later, the State
of Oregon refused to retain the unhallowed gift, and restored the Oregon Cit}- claim to
the heirs of John McLoughlin.
As must have been observed, congressional proceedings, session after session, had
foreshadowed congressional intent to make liberal grants of land to actual settlers in
Oregon. It seemed to have been generally acquiesced in, that the favorable solution of
the Oregon controversy depended upon peopling the territor}- overland from the western
States. That protracted contest had attracted the attention of American people, more
particularly citizens of the western States. The spirit of congressional legislation as to
the territory had been clearly indicated by uniform provisions in those several measures
which had been introduced each succeeding session. Favorable reports as to soil, climate
and resources from residents of the territory, missionaries and others, all tended to invite
popular attention and to promote active emigration schemes in several portions of the
Union.
In the spring of 1S43, as soon as the condition of the country had warranted travel,
large bodies of " Oregon emigrants," mostly from Missouri, but quite a number from
adjacent States, commenced to journej^ westward towards Independence, Missouri. On
the 20th of May, a formal meeting was convened at Fitzhugh Mills, twelve miles west
of Independence. Among them were Peter H. Burnett, Jesse Applegate and his brothers,
with their respective families, James W. Nesmith, Daniel Waldo, Jesse Looney, T. D.
Kaiser, and others who have made their names notable in Oregon. The party numbered
about one thousand, men, women and children, about a third of whom were capable of
bearing arms. The train consisted of 120 wagons; the number of cattle amounted to
5,000 head. Peter H. Burnett was elected captain, James W. Nesmith, Orderly Sergeant.
A council of nine to arbitrate and adjust differences was appointed. Captain John Gant,
' , ^'J^P^WWllHM..
HON. WILSON BOWLBY,
FOREST GROVE, OR.
THE IMMIGRATION OF 1843. 257
a Rocky Mountain man, and an ex United States army officer, was selected as Pilot to
Fort Hall. Later Governor Burnett was succeeded b}- William Martin as captain. The
train was subsequently divided into two columns, the one termed the " Light Column "
being headed by Captain Martin, and the other, the " Cow Column," under commanp
of Jesse Applegate. The two columns moved separate!}', but were near enough to support
each other in the event of an Indian attack. The usual vicissitudes of prairie travel,
camping, marching and other features, characterized that journey.
Arrived at Fort Hall, there was considerable discussion as to going further with
wagons, or abandoning them at that point. Captain Grant, the Hudson's Ba}- Company's
agent in charge of Fort Hall, discouraged the attempt to take wagons down Snake river.
Dr. Marcus Whitman, who had overtaken the train at the crossing of the Platte, as
strenuously urged the ability of getting through with them. His counsel prevailed, and
with the aid of Sticcas, a Ca3'use chief, and other Cayuses who had come to escort Dr.
Whitman to his station, he agreed to guide the train to the mission. When the train had
reached Grand Ronde, Dr. Whitman was compelled to leave, being summoned to Lapwai
Mission station to attend Mrs. Rev. Henry H. Spalding, who was severely ill. Sticcas,
the Cayuse chief, succeeded Dr. Whitman as guide, and safely and successfully piloted the
immigrants to Whitman's station at Waiilatpu.
Upon reaching Fort Walla Walla, the question arose as to the feasibility of proceeding
overland to the Dalles. It was suggested to be wiser to leave the wagons and animals at
Fort Walla Walla till the coming spring and then to build boats and descend the
Columbia. Neither Dr. Whitman nor Archibald McKinlay, chief trader of Hudson's Bay
Compau}^ in charge of Fort Walla Walla, were acquainted with the character of the road,
or of the feed back of the river, nor of the crossing of the John Day and Des Chutes rivers.
Both advised going down the Columbia to the Dalles in boats. The main portion of the
train proceeded overland. Seventy of the party, among whom were the Applegates, acted
upon the advice of Whitman and McKinlay. The advice given to leave their wagons and
stock to winter at Walla Walla occasioned bitter animadversion. By many it was
attributed to mercenary motives, to the desire to secure pay for herding, or to occasion, as
an alternative, an exchange in the Willamette valley for the stock left, head for head, of
California cattle. Growing out of these circumstances, this negotiation as to stock, its
forwarding or wintering, several immigrants entered into a contract with Chief Trader
McKinlay, subject to the approval of Dr. John McLoughlin, chief factor at Fort Vancouver.
This transaction was much criticised, and is known as the " Cattle Contract.'' It occurred
at old Fort Walla Walla, between certain immigrants of '43 and Archibald McKinlay, chief
trader in charge. It exhibits the conduct of Dr. McLoughlin towards American .settlers
on their arrival in the country ; his liberality ; his active sympathy with them in their
necessities ; his exalted standard of right between man and man.
Peter H. Burnett had hurried forward to Fort Walla Walla, to secure transportation
down the Columbia. Mr. McKinlay, chief trader in charge, had supplied a boat which
Governor Burnett was to leave at Fort Vancouver. The latter remained over night at the
fort, and had considerable conversation as to the practicability of getting cattle over the
Cascade Mountains and through to the Willamette valley. McKinlay, who had never
traveled b}^ land over the route, declined giving an opinion as to a road beyond the Dalles.
Mr. McKinla}', who remarked that he had shortly before sent a requisition to Fort
Vancouver for ten or fifteen gentle cows, wanted b}' the Indians, suggested that if any
immigrants wished to make an exchange of that number for an equal number, to be
2o8 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
delivered at Fort \^ancoiiver, such arrangement would save driving to both parties. He
also expressed a wish to purchase brood mares for his private use. Governor Burnett
declined, having no animals to spare. A day or two later, Jesse Applegate reached the
fort. He offered his whole band upon the terms McKinla}' had proposed to Governor
Burnett. To this McKinlay entered a flat refusal, and even remonstrated against
Applegate sacrificing so much stock ; that he only desired a few head to supply a small Indian
trade. Mr. Applegate replied that, as he intended to go to the Shasta country in the
spring, he cared only for such cattle as could be turned into beef Mr. Applegate
remarked that Mr. Littlejohn (Rev. A. B., temporarily at Waiilatpu during Dr. Whitman's
absence), had offered twelve dollars and a half per head for the whole band, and, if
McKinlay refused, he would sell to Littlejohn, who had stated that he wanted cattle to
exchange with the Indians for furs. Mr. McKinla}', fearing that Littlejohn, if he secured
the stock, would embarrass the fur-trading business, then accepted Applegate's proposition,
subject to Dr. McLoughlin's approval. Should Dr. McLoughlin reject the proposition,
the band was to be wintered at Fort Walla Walla for one dollar per head. The horses and
cattle purchased by McKinlay of Jesse Applegate, on private account, were returned, in
accordance with Mr. Applegate's request.
Subsequently, Governor Burnett published a journal of an " Immigrant " in a
Missouri newspaper, in which reference was made to that cattle transaction; and McKinlay
was charged with driving a hard bargain. Language of Dr. McLoughlin, seemingly
reflecting upon McKinlay, quoted in the " Immigrant," led to an explanatory letter of
Dr. McLoughlin, exculpating McKinlay. That transaction is best explained by the
correspondence and contract itself. Under date of October 12, 1S43, Governor Burnett
wrote McKinlay :
" I wish you to consider it (the boat) engaged to us. I mentioned to Mr. Beagle
your kind proposition to take our cattle here, and give us cattle at \'ancouver, to which he
would assent, but for the fact that his cattle are of a particular kind to which he is very
partial, and with which he would not willingly part. I would myself exchange mine with
you, but I may settle at the Dalles; and if I do so they would be more inconvenient to
me than at this point.
" I saw Captain Applegate, to whom I mentioned the fact that you wished to purchase
or exchange for some American mares, as I knew he had several. I also recommended
him to see 3-011 about exchanging his cattle, as he has a large stock of good breed. I hope
you will be able to procure from him as much stock as you desire."
The .so-called cattle contract is as follows:
"John McLoughlin, Esq.,
" Sir : Three days after sight, please pay Applegate & Co. two hundred and seventeen
head of cattle of the sex and age to the individuals as given in the following list. (Here
followed a tabulated schedule of seventy-six cows, one hundred and twenty-seven oxen and
fourteen bulls, which were delivered by Hiram Straight, Miles Cary, Charles Lindsey,
Jes.se Applegate, Thos. G. Navlor, Elijah Millikin and John Baker.)
" In consideration of the superior condition and quality of the stock left with me
by said company, I have stipulated that the above order shall be filled out of the
stock of the fort, and to include as many broken-in cattle as 3^011 can conveniently
furnish. And, in case the above order is not accepted by 3'ou, that their former stock shall
be returned to them on demand next spring, the3' pa^-ing a charge of herding of one dollar
per head. I am sir, your obedient servant, " Archibald McKinlay.
" Fort Walla Walla, October 27, 1843.
THE " CATTLE CONTRACT." 259
(Endorsed.) " The conditions of exchange contained in this covenant not being
accepted, Mr. McKinlay will please to retnrn the cattle received from Mr. Applegate and
party, on his demand, at Walla Walla. "John McLoughlin, C. F.
" Fort Vancouver, November ii, 1843."
Jesse xApplegate wrote to McKinlay, December 19, 1843 •
" Dr. McLoughlin, waiving all advantages that might have been derived from the
exchange of cattle made with the company' at Walla Walla, and actuated as I sincerely
believe by the most generous and disinterested motives towards the emigrants, has canceled
all contracts made with you at Walla Walla, so far as the Hudson's Bay Company was a
party.
" For this reason, it becoming necessary for us to return to Walla Walla for our cattle
that were exchanged, we would be very glad, if it met your washes, to get the horses and
cattle back that we sold to 3'ou as a private individual. Tho' contrary to my rules of doing
business, I in this case most earnestly solicit a ' rue bargain ;' for as I told you, at
the time I sold them to you, that I would by no means have parted with my horses if I
could have taken them down to Willamette safely, nor have sold the choice cows of the
drove at any price unless the whole drove were disposed of
" I do not pretend to deny that your conduct in the whole transaction was entirely
fair, just and honorable, nor cau I in the least impugn your motives if you determine to
keep the animals ; but as the animals are really of far less value to you than they are to
me, and as I believe you far too generous to take advantage of the peculiar circumstances
under which we acted when we sold them, I hope you will comply with my wishes in this
matter."
On the 29th of December, 1843, Dr. McLoughlin wrote Mr. Archibald McKinlay:
" I have returned all the cattle the immigrants left with you, and for what you gave
them orders on me, as I do not wish to take advantage of the situation those persons are
placed in. I hope, therefore, that j-ou have disposed of none of those animals, and that
it will be convenient for you to return all you purchased on your own account, for which
you gave orders on the store ; and, though they have been paid, they will be taken off
your account. And I must again repeat my approbation of the manner in which you
managed that business by putting in a clau.se which left it optional to me to return the
cattle. But pray who told them ' they could not bring their cattle down ; that when they
came their cattle would die.' The immigrants tell me it was Dr. Whitman and Mr.
Littlejohn. But I do not see how those gentlemen could tell the immigrants so; and
besides, these men, withoiit their teams to work and their cows to supply themselves and
their families with milk, can do nothing; in fact, without their cattle they are ruined."
Dr. John McLoughlin had before the date of the foregoing letter thus written to
McKinlay :
"I did use the words the 'Immigrant' states on the 127th page of his journal:
' Are you aware the Spanish are inferior to your cattle. Mr. McKinlay did wrong ; and I
will not consent to profit by your reliance on our good faith.'
" As I was naturall}' enough surprised to hear that people had given zAraerican cattle
for wild California cattle, it struck me they must not have been aware how inferior the
latter were to the former. At the time, I believed you yourself were not aware of it, and
that you meant, bj- wild Spanish or California cattle, cows of that breed unaccustomed to
be milked, and males not accustomed to work, but both of which could be driven from one
260 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
place to another. What I meant by saying j^ou had done wrong, I meant you had erred,
and never thought or had the least idea that you had intended to take advantage of their
situation, which 3'ou had no interest in doing, and could not mean to do, as 3-ou made the
bargain subject to my approbation. Neither you nor they seem to have been aware of it
at the time the bargain was made ; and it would have been a breach of the confidence put
in us to have kept them to it. It is this I meant : ' I will not consent to profit by j-our
reliance on our good faith.' And I can also observe there can be no foundation for the
' Immigrant ' stating you drove a hard bargain with them, as I always understood the
bargain was at their request."
The Dalles of the Columbia was then the terminus of the overland road from the
western States. No road had been opened westward of the Dalles across the Cascade
Mountains into the Willamette valle3^ When the immigration had reached the Dalles,
difficulties again appeared ; from that point, and at that season, the journey forward was the
most arduous of the whole trip. Rafts must be constructed to descend the Columbia, to
reach the W^illamette. Space is denied to recount the dangers and hardships of that fall
and winter, to which the pioneers of 1843 were subjected, — how they suffered, what
sacrifices they made in coming to Oregon to assure its being retained as American
territor}'. Those two illustrious pioneers, Burnett and Applegate, have made immortal
that transcontinental march of 1843, — the first in his readable and graphic " Recollections
of a Pioneer ; " Jesse Applegate, in his own characteristic wa}-, has pictured " A Da}^ with
the Cow Column ; " and, in his many letters to Deady, Victor, Evans and the press, has
pen-photographed that memorable train and its eloquent reminiscenses.
The United States government had, in the spring, dispatched a second expedition
under the command of Lieutenant John C. Fremont, United States Topographic
Engineers, "to connect his reconnaissance of 1842 to the South Pass, with the surveys of
the United States exploring expedition of Captain Charles Wilkes, United States Navy,
near the coast of the Pacific Ocean, so as to give a connected survey across the continent."
His part}' left the town of Kansas about the ist of June, cros.sed the South Pass x^ugust
13th, reached Fort Walla Walla October 25th, and, upon the 7th of November, arrived at
Fort Vancouver. The Fremont expedition brought carts all the waj^ to W^aiilatpu, from
which point it accomplished the distance to Fort \'ancouver with pack animals. Guided
by Rocky Mountain men, or following the immigrant wagon tracks, that expedition
contributed nothing new to geographic science, added nothing that hud not alread}' been
known and published as to the great American interior ; nor did it traverse any countrv
which had not been previously traversed for 3'ears b}' trappers, missionar}' men and women,
immigrants and mountaineers. True, that ride across the continent, called a government
exploration, was made with great ostentation and parade. The journal of its doings was
branded official ; yet, how just the comments of that sturdy pioneer of 1843, ^^'^^*5 '^^^ then
humble orderlj- sergeant of a wagon train of Oregon immigrants, that peerless humorist,
satirist and orator, later Oregon's distinguished Senator in Congress, James W. Nesmith.
In one of his inimitable speeches, he thus characterized the hero of that expedition, its
mode of march, its practical utility and national benefit:
" In the eastern States, I have often been asked how long it was after Fremont
discovered Oregon that I emigrated there. It is true that, in the year 1843, Fremont,
then a lieutenant in the engineer corps, did cross the plains, and brought his party to the
Dalles, and visited Vancouver to procure supplies. I saw* him on the plains, though he
HON.J.A.STROWBRIDGE
PORTLAND, OR.
O.P.S.PLUMMER.M. D.
PORTLAND, OR.
HON. GEO. A. STEEL.
PORTLAND, OR.
JUDGE THOMAS C.SHAW,
SALEM, OR.
I
Fremont's second expedition. 261
reached the Dalles in the rear of our emigration. His outfit contained all of the
conveniences and luxuries that a government appropriation could procure, while he
' roughed it ' in a covered carriage, surrounded by servants paid from the public purse.
He returned to the States, and was afterwards rewarded with a presidential nomination as
the ' Pathfinder.' The path he found was made b}^ the hard}- frontiersman, who preceded
him to the Pacific, and who stood b}- their rifles here, and held the country against hostile
Indians and British threats, without government aid or recognition until 1849, when the
first government troops came to our relief. Yet Fremont, with many people, has the
credit of ' finding ' everything west of the Rocky Mountains ; and I suppose his pretensions
will be recognized by the future historian, while the deserving men who made the path,
unaided b}- the government, will be forgotten."
I
i
Chapter XXXII.
(1844-1847.)
Oregon Under the Provisional Government — Indian Depredation.s at Willamette
Falls — Death of George W. Le Breton — Arming of Citizens for Defense —
Amendment to Organic Law, 1844 — Prohibitory Liqnor Law — First American
Settlement North of the Columbia Kiver — Oregon City Incorporated, the First
Municipality West of the Kocky Mountains — Incorporation of Oregon In.stitute —
George Abernetliy Elected Governor, 1845 — Petition of Provisional Government
to Congress — Visit and Keport of Lientenant Neil 31. llowison, U. S. Navy —
Wreck of the U. S. Scliooner Shark — Lientenant Howison Presents Her Colors to
the Provisional Governments — Reception of the News of the Treaty of June
15, 184«.
ON THE 4th of March, 1844, Cockstuck, a vicious Wasco Indian, who lived in the
vicinity of Willamette Falls (Oregon City), accompanied by four Molallas, rode into
that town. Their conduct was such as to create considerable alarm and excitement among
the citizens. They were arrayed in war paint, armed with guns, and bows and arrows,
which they brandished defiantly, and made other hostile demonstrations. Without having
committed any actually hostile act, they crossed the river to the Indian camps on the
opposite side, and solicited the Clackamas and Willamette Falls Indians to join them.
Upon their return, the citizens had assembled in considerable number at the landing. All
was excitement. Without any parley, a desultory firing commenced b}' both Whites and
Indians. Cockstock had discharged his gun, when George W. Le Breton rushed upon
him and attempted to arrest him, either in the interest of good order, or to earn the reward
which Sub-Agent White had previously offered for the delivery to him of Cockstock.
Le Breton, having received two gunshot wounds, had fallen and was struggling with
Cockstock. He called out that he was being stabbed. Upon this, a mulatto, named
Winslow Anderson, rushed upon Cockstock, and with the barrel of his rifle broke that
savage's skull, and instantly killed him. The companions of Cockstock then fired guus
and poisoned arrows promiscuously into the crowd. Messrs. Rogers and Wilson, both at
work in the vicinit}', neither participating in the mclce^ were wounded with arrows.
Le Breton and they were conveyed to Fort Vancouver for surgical aid. Mr. Rogers died
the next day. Le Breton lingered until the 7th. Though a j^oung man, Le Breton had
become a very prominent member of the communit}-. He held the positions of Clerk of
Court, Government Recorder, and Secretary of the Legislative Committee. He was a
native of Newburyport, Massachusetts. One of the most zealous of American settlers,
his death was a great loss to the infant settlement.
The affair created intense excitement. In Champoeg District, a mounted rifle company
was organized, called the " Oregon Rangers," of which T. D. Kaiser was elected captain. The
ofiicers were commissioned by the Executive Committee of Oregon. The settlements were
( 2G2 )
ARMING OF CITIZENS FOR DEFENSE. 263
put in a state of defense ; but the war feeling subsided by Sub-Agent White compensating
tlie widow of Cockstock, and otherwise appeasing the Wasco tribe. The American settlers,
with apparent unanimity, justified Sub-Agent White's reward for Cockstock's arrest, and
were disposed to justify the act of Le Breton in attempting to arrest him, which precipitated
the fight, as also to avenge the deaths of Le Breton and Wilson. There were, however,
strong denunciations of the acts of the Whites who engaged in the affray. It was declared
to have been unnecessary-, hast}-, and without such overt act as would justify it (i). It
was also claimed that the friendh- Clackamas and Willamette Falls Indians who crossed
the river with Cockstock and his party, on their return to the town declared that
Cockstock maintained that his purpose, in returning, was to have an explanation from the
Whites, and to demand the reason of their hostile actions and feelings to him, and why a
reward should have been offered for his arrest (2).
In the official report of the sub-agent to the Secretary of War (3) will be found a
letter (February 16, 1844) charging Cockstock with having made threats against a
sub-agent (a colored man named James D. Sanies) and the mulatto, Winslow Anderson,
the slayer of Cockstock. On receiving this charge, Sub-Agent White, with a party of ten
men, attempted to surprise Cockstock and his five adherents, while they were asleep. But
the game was not there. Saj-s he: "Cockstock had sworn vengeance against several of
mv party, and they thirsted for his blood. Having no other means of securing him, I
offered $100 reward to any one who would deliver him safely into my hands, as I wished
to convey him for trial to the authorities constituted among the Nez Perces and Cayuses,
not doubting that the}^ would feel honored in inflicting a just sentence upon him; and
the colon}- might thereb}- be saved from an Indian war."
On a subsequent page of the report. Agent White states the cause of the quarrel
between Winslow and Cockstock, and refers to his ill-advised and injudicious interference,
and the offer by him of a reward. It is evident that the agent had the desire to remove
the Indian to a distance, of whom he had just cause to fear personal harm. The official
statement is that Cockstock had been hired b}^ Winslow to perform labor, for a designated
time, upon his land claim, for which Cockstock was to receive a certain horse. Before the
completion of the contract, Winslow had sold the horse, as also the land claim, to his
colored confrere Sanies, the informer, without advising Cockstock of the sale, both allowing
Cockstock to finish the contract. The negroes refused to deliver the horse to Cockstock
when the work was fully performed. Cockstock, believing he had earned the horse, and that
it was rightfulh' his property, took it into his possession. The negroes appealed to Agent
White, who forced Cockstock to surrender the propert}-. That Cockstock should have
been indignant at White and the two blacks, and that he should have made threats against
the two conspirators and their auxiliary, in defrauding him of his compensation, is not
surprising ; nor is it strange that the proclamation of outlawry by the agent of the
government, who added insult to injury by offering a reward for his arrest, should have
provoked his anger.
Though these facts were known, many of the settlers were resolved on avenging the
death of Le Breton and Wilson ; besides, Cockstock was a dangerous character, who had
had previous difficulties with settlers. But Sub-Agent White succeeded in effecting a
(1) " Historical Sketches of the Catholic Church of Oregon during the past forty years." Portland, Oregon, 1S78. Pages 145 and 147.
(2) Letter on " Report of Dr. E. White, Sub-.\gent Indian .•affairs, to Hon. J. M. Porter Secretary of War, March iSth, 1S44," contained in " A
Concise View of Orejjon Territory, its Colonial and Indian Relations, Compiled from Official Letters and Reports, together with the Organic Laws
of the Colony, by Hlijah White, late Sub Indian Agent of Oregon." Washington, 1S46. T. Barnard, Printer. Page 32 £t scq,
(3) Ibid. Page 32.
264 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
settlement with the Dalles Indians (Wascoes), as he reported, " by giving Cockstock's
widow two blankets, a dress and handkerchief, believing the moral influence better than to
make presents to the chief or tribe, and to receive nothing at their hands (i)." That
settlement, however humiliating and contrarjr to proper Indian polic}-, rendered inexpedient
further chastisement of those Indians who had participated in the affray. Doubtless an
Indian war was averted, so nearl}' caused by the folly and injudicious acts of a government
agent, — the nearest approach to an outbreak which had been experienced b}- the Willamette
settlements since the advent of Americans.
In May, 1844, Peter G. Stewart, Osborn Russell and William J. Bailey were elected
an Executive Committee. Messrs. Peter H. Burnett, David Hill, M. M. McCarver, M.
Gilmore, A. L- Lovejoy, Robert Newell, Daniel Waldo and T. D. Kaiser constituted the
Legislative Committee. On the 15th of June, 1844, the Legislative Committee convened
at Oregon Cit}-. General M. M. INIcCarver was elected speaker, and Dr. John E. Long
secretary. The message of the Executive Committee recommended several important
modifications of the Organic Law of 1843. Large accessions to the population had been
made by the late immigration. Settlements had widely extended, and the provisions of
the law of 1843 were found inadequate for the growing necessities of an expanding
community.
The Legislative Committee had been instructed not to pass au}' laws imposing taxes.
By the law of 1843, revenue was raised by voluntary contribution. To secure necessar}''
funds, it was provided that subscription papers, as follows, be put in circulation to collect
funds for defraying the expenses of the government : " We, the subscribers, hereb}' pledge
ourselves to pay annually, to the treasurer of Oregon Territory, the sum affixed to our
respective names, for the purpose of defraying the expenses of government: Provided^ that
in all cases each individual subscriber may at any time withdraw his name from said
subscription upon paying up all arrearages and notifying the treasurer of the colony of
such desire to withdraw." The pioneers not only acted upon the idea that all "just
governments derived their authority by the consent of the governed," but they granted to
each citizen the power to judge how much he was willing to contribute. The committee
of 1844 believed that revenue should be derived from uniform taxation. The Ways and
Means Committee, therefore, provided that any person refusing to pay taxes should derive
no benefit from the laws, and should be disqualified from voting.
The act provided a tax of one-eighth upon all merchandise brought into the country
for sale. It taxed improvements on town lots, mills, pleasure carriages, clocks, watches
and live-stock. The sheriff was ex officio collector, with a commission of ten per cent on
collections. The recommendations of the Executive Committee were severally adopted
by the Legislative Committee, and incorporated into an amended Organic Law, which was
to be submitted to a vote of the people at a special election ; and, if approved by the
popular vote, the amendments were to go into effect from and after the first Tuesdaj' in
June, 1845. At the special election, those amendments were ratified by a large majority.
The amended Organic Law abolished the Executive Committee, substituting, in lieu
thereof, the oSice of governor. That ofl&cer was to be elected in June, 1845, and hold his
office for two 3'ears. Under the original Organic Act, a law, before it took effect, was
submitted to the popular vote. Under the amendment, such popular approval was
abrogated ; and the power of veto was conferred upon the governor, subject to the right of
the legislature to pass by a two-thirds vote, notwithstanding the veto. The powers
(1) Dr. Elijah White's "Concise View of Oregon Territory, etc.,'" page 36.
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PROHIBITORY LIQUOR LAW. 265
enjoj'ed by the Executive Committee were trausferred to the governor. The Legislative
Committee was superseded by a House of Representatives, consisting of not less than
thirteen nor more than sixty-one members, apportioned among the various districts
according to population. The Judge of the Supreme Court, theretofore eligible b}^ the
people, was to be appointed by the House of Representatives. The oath of office was
modified so as to allow all citizens, whatever their nationality, to participate in the
government. It was as follows :
" I do solemnly swear, that I will support the Organic Laws of the Provisional
government of Oregon, so far as said Organic Laws are consistent with my duties as a
citizen of the United States, or a subject of Great Britain, and faithfully demean myself
in office." A display of tolerant spirit greatly to be commended, this due allowance for
national prejudices. The American settlers did not arrogate the right to impose laws or
legal restraint upon British subjects; but they established a government, in which
distinctions of nationality were for the time being overlooked. All were invited to
co-operate. Every disability growing out of foreign birth was removed. They did not
attempt to control or influence allegiance. The success of the little pioneer republic ou
the Pacific Coast is highly creditable to the early settlers of Oregon.
The American element had now established its ascendancy. It continued to gather
strength b}' the constant accession of immigrants from the western States, yet no
prescriptive action followed. In all the legislation of the Provisional government, and its
character will compare favorably with that of old-established States, the sole desire seems
to have been to secure co-operation, unanimity of feeling in the community, and the
banishment of every influence calculated to promote division. A small minority of citizens
still favored the idea of forming a government independent of the United States. The
delay of Congress to extend jurisdiction over the territory, to settle the boundary question,
and establish a territorial government ; the isolated condition of the settlements and their
remoteness from the States of the Union ; the belief that the Provisional government
rested solely on the will of the governed, and could be repudiated at any time by concerted
opposition of the people ; that titles to land and to property of all kinds would continue
unsettled and doubtful, — all seemed to furnish food to encourage such opinions. But this
feeling was limited to the few. The American independent settlers still faithfully adhered
to their favorite project, — "a government based on republican ideas, cultivating American
thought, limited in its duration to such time as the United States should embrace the
territory within its jurisdiction." Having revised several laws, amended the land law,
materially diminishing the allowance made for the mission claims, and provided a system
of taxation, the June session of the Legislative Committee adjourned on the 27th of June,
to meet on the i6th of December.
At this session was passed a prohibitory liquor law (i). Its title was : "An Act to
prevent the introduction, sale and distillation of Ardent Spirits in Oregon." The first
section imposed a fine of $50 for the importation or introduction of ardent spirits into
Oregon, with intent to sell, barter, give or trade the same, or for offering the same for sale,
trade, barter or gift. The second section subjected to a fine of #20 the sale, barter,
gift or trade of any ardent spirits, directly or indirectly, to any person in Oregon. The
third section declared any manufactory or distillery of ardent spirits a nuisance, subject
to a fine of $100, and an order directing the sheriff to seize and destroy the distillery
(ij Oregon Spectator, Vol. I, No. I, Februarj' 5, 1846.
266 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
apparatus. The fourth section provided the mode for seizing and destroying distillery
apparatus, implements and spirituous liquors, and punishing those engaged in such illicit
manufacture.
By a law of the Legislative Committee (June 27th, 1844), the channel of the Columbia
river bad been made the north boundary of the Clatsop, Tualitan and Clackamas
Districts. The two latter districts, created in 1843, were divided b}- the Willamette river,
and a line continued northward from its mouth to the south boundary of the Russian
possessions (fift^-four degrees, forty minutes north). The territory north and west of the
Columbia river was now included in the Vancouver District. The onh' settlements and
settlers in that district were the Hudson's Bay Company's establishments at Fort
Vancouver, Cowlitz Farms, Fort Nisquall}' and Fort Victoria (i), the Canadian-French
settlement at Cowlitz, two settlers on the north side of the Columbia river, viz., James
Birnie, a retired servant of the Hudson's Bay Company, at Cathlamet, and Captain
Scarborough, an American, near the mouth of the river, and Antoine Gobar, a herdsman
in the emplo}' of the Hudson's Bay Company, located on a little prairie upon Cowlitz
river, and upon the line of the old Hudson's Bay Company's trail from Fort Vancouver to
Cowlitz.
In July, 1844, the British sloop-of-war Alodeste, carr3'ing twent}' guns, Captaiu
Thomas Baillie, visited Fort Vancouver, remaining several weeks. This visit occasioned
some anxiety to the settlers. Reports were current that the company had strengthened
the defenses of their posts ; and it was apprehended that the boundary was soon to be
adjusted; that north of the Columbia would become British territory-, in fee as well as by
occupancy.
The immigration of 1S44 was perhaps as numerous as that of '43. Among them
were 234 able-bodied men, as appears by their military organization, of which Cornelius
Gilliam was elected commander with the title of General, Michael T. Simmons, the American
pioneer of the Puget Sound Basin, Colonel, and Captains Morrison, Shaw, Woodcock and
Bunton. Dr. McLoughlin's memoranda fixed the number 475. Lang and Bancroft,
however, upon reliable authorities, estimate it at about 800. Among that immigration
were Henry Williamson and Isaac W. Alderman. In Februar}^, 1845, tbe two erected a
log hut " within a few hundred yards of a house occupied bj- one of the Hudson's Ba}'
Company's servants, and within the limits of their improvements," near Fort Vancouver;
and Williamson posted notice on an adjoining tree " that he had there taken a section of
land." Dr. McLoughlin caused the removal of the cabin, and addressed a. circular to the
citizens of Oregon, protesting against the trespass. This was followed b}? an attempted
survey of the claim bj^ Williamson, whereupon, March iSth, Chief Factors McLoughlin
and Douglas notified the Executive Committee of the Provisional government. In the
altercation which ensued, threats were indulged in on both sides. Williamson finally
desisted. The Executive Committee of the Provisional government congratulated the
company upon such fact being known, and thanked Messrs. McLoughlin and Douglas
for their "kindness of manner in dealing with a disregard of treaty obligations by a
citizen of the United States" (2).
This regard for treaty obligations on the part of the Executive Committee was not
palatable to a large number of Americans. Under the " Joint-Occupanc}- Treat}-," man)'
11) In the spring of 184.1. the Hudson's Bay Company had established their first settlement on Vancouver Island. Roderick Finlayson,
with a partv of forty men. constructed a picketed iiiclosure. and erected necessary warehouses and buildings. It afterwards assumed importance
as the principal shipping port : ami the business, stock and properly from the Oregon posts were transferred to it. After the treaty ot 1846, it
became the headquarters of the comiiauy's operations west ol tlic Rocky Mountains.
(2) Letter ot Osborne Russell and P. G. Stewart, E.vecutivc CommUtee, to John McLoughlin, March 21, 1845.
FIRST AMERICAN SETTLEMENT NORTH OF THE COLUMBIA RU'ER. 267
settlers regarded all of Oregon open to every citizen, without the ability of either a British
subject or an American Citizen to secure a vested right by the appropriation of any portion
of land. To those entertaining such an opinion, the inclosures, made by the company of
lands occupied, afforded no protection whatever, conferred no right of adverse possession.
The mass of the communit}-, however, thought differently, and respected the rights of
property or possession which the treat}- had conferred.
Colonel Joseph L. Meek, Sheriff, in the spring of 1S45, ^ook a census. This did not
include those living north of the Columbia. Practically, it was the census of the
Willamette valley at the end of the year 1844. It exhibited a population of 2,110, of
whom 1,259 were males, 851 females.
The winter of 1844-5 marks the first attempt of emigrants from the United States to
make settlements north of the Columbia river. A portion of the Independent Oregon
Company of 1S44, of which Cornelius Gilliam was General, Michael T. Simmons, Colonel,
stopped at Washougal, where they erected temporary winter quarters and went into camp.
Colonel Simmons, and those with his immediate company, had designed to have located in
the Rogue river valley; but, on the arrival of Simmons at Vancouver, a persistent effort
was made to induce the party to settle south of the Columbia. That effort stimulated
Simmons to resolve upon trying the Puget Sound region. He endeavored to secure
quarters at Fort \'ancouver for his family during his contemplated northern trip. Such
request was flatly denied until he should abandon his purpose of settling north of the
Columbia. Simmons finally procured from a Kanaka the use of a room for one month in
a shanty outside of the fort. In the month of December, accompanied by Messrs.
Williamson, Loomis and the three brothers Owens, Colonel Simmons started for Puget
Sound. After a tedious trip, attended with many hardships, the party reached the forks of
Cowlitz river, where their provisions gave out, and they returned to Washougal. In July,
1845, Colonel Simmons visited Puget Sound, accompanied by William Shaw, George
Wanch, David Crawford, Ninian Evernian, Seyburn Thornton, David Parker and two
others. Passing Cowlitz Farms, they learned that John R. Jackson had preceded them,
and had located a claim and returned to the Willamette valley for his family. Colonel
Simmons' party reached the Sound in August. They procured canoes and went around
the head of Whidby's Island, returning through Deception Pass to the east side of the
Island.
In the month of October, 1845, Colonel Simmons led the first American immigration
to Puget Sound. It consisted of himself and famil}-, Gabriel Jones and family, James
McAlister and family, David Kindred and family, George Bush (i) and family, and
Messrs. Jesse Ferguson and Samuel B. Crockett. Peter Bercier, of the Cowlitz (French)
settlement, acted as a guide from the Cowlitz Prairie. They were fifteen days cutting a
road from Cowlitz Landing to Tumwater, or the falls of the Des Chutes river. Colonel
Simmons took a claim at Tumwater, calling it New Market. The remainder settled upon
Bush Prairie, all within a circuit of six miles. The first house was erected upon the
claim of David Kindred, at the edge of the prairie, about two miles south of Tumwater.
(I) George Bush was a colored man, a man of intelligence and great force of character, who deservedly commanded the respect of his
associates and neighbors. He had left Missouri because it was a slave State, and there his race was ignored. He migrated to Oregon, north of
slavery's line of thirty-six degrees, thirty minutes, which he expected to find " free territory." Before his arrival, the color line had been drawn
by the passage of the proscnptive law against his race, inhibiting people of color residing within the territory. North of the Columbia river,
where, at that time, British influence controlled, the enforcement of that law was altogether improbable. Besides, it was a prevalent opinion that
the Columbia river would be adopted as the boundarv line ; that north of that river it would possibly continue British soil, old George, knowing
that "slaves cannot breathe in England," felt that, for him and his race, north of the Columbia was the preferable location. There is no doubt
that George Hush was actuated by such opinions to seek a residence on the north side of the river; nor is it saying too much for the influence
he exerted in that little band to claim the svmpathy of his associates with his condition, after that long march with them to escape that pro-slavery
atmosphere which crushed out his humanity, had much to do iu determining the Simmons colony to settle upon Puget Sound.
268 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
During the fall, John R. Jackson had returned from the Willamette with his family and
settled ten miles from Cowlitz Landing, naming his location Highlands. These were
the first independent American settlements in northern Oregon.
The laws enacted at the session of the Legislative Committee in December, 1S44, are
preserved in the published legislation of Oregon. Among them was an act incorporating
Oregon City, the first municipal incorporation west of the Rocky Mountains. The
Oregon Institute at Salem, under the auspices of the Alethodist-Episcopal Church, was
also incorporated at the same session.
At the first election under the amended Organic Law, in June, 1S45, George
Abernethy was elected Governor of Oregon Territory. Before his inauguration, and
while the last Executive Committee was still in office, the representatives provided by the
amended Organic Law, and who were elected at the same time as Governor Abernethy,
convened at Oregon City. General McCarver w^as elected Speaker, and Dr. John E.
Long, Secretary. The message of the retiring Executive Committee was a manly,
straightforward document, abounding in valuable suggestions and forcibly exhibiting
the condition of affairs. A committee of five, consisting of William H. Gray, Jesse
Applegate, H. A. G. Lee, John McClure and David Hill were appointed " to draft a
memorial to the Congress of the United States, setting forth the condition, situation,
relation and wants of the country." On the 27th of June, the memorial was reported
and adopted. A resolution also passed providing that it should be signed by the
Executive Committee, the Circuit Judge (Hon. J. W. Nesmith), and each member of the
House. On the 28th, it was duly signed by Messrs. Russell and Stewart (a quorum ot
the Executive Committee), Judge Nesmith, and the members and officers of the House.
A copy was delivered to Dr. Elijah White, to be conveyed to Washington.
The memorial was presented in the Senate of the United States by Hon. Thomas H.
Benton (Decembers, 1845). The opinion that he expressed of that document is, probably,
its best commentary. It gives a thorough view of the situation of Oregon, the motives of
the founders of the Provisional government, and their own idea of its claim to recognition,
either by Congress or by the people of Oregon. Senator Benton thus alluded to the
memorial :
"These petitioners stated that, for the preservation of order, they had, among
themselves, established a Provisional and temporary government, subject to the ratification
of the United States government. The petition sets forth, in strong and respectful
language, arguments why the citizens residing in that section of country should be
protected for the purpose of preserving their rights, and also as a means of preserving
order. The memorial was drawai up in a manner creditable to the body by which it was
presented, to the talents by which it was dictated, and to the patriotic sentiments which
pervaded it ; and the application was worthy of a favorable consideration for its moderation,
reasonableness and justice. As the best means of spreading the contents of this petition
before the country, and doing honor to the ability and enterprise of those who presented
it, he moved that it be read at the bar of the Senate " (i).
In accordance with the resolution passed by the Legislative Assembly, this memorial,
able paper as it was, became the occasion of a novel episode in the legislative history
of the Provisional government. It, together with a copy of the amended organic law,
had, by a vote of the house, been placed in the hands of Dr. Elijah White, to be carried
to Washington for presentation. That gentleman was about to visit Washington to
(1) " Congressional Globe," Vol. XV, page 24, first session twenty-ninth Congress, 1*45-6.
HON C. P. COOKE,
ELLENSBURGH. W. T.
NOVEL EPISODE IN HISTORY OF PROVISIONAL GOVERNMENT. 269
procure an adjustment of his accounts with the Indian Biireau, as also to appl}^ for the
governorship of the territory of Oregon, which office it was expected would shortl}' be
crented. He carried with him two other resolutions passed by the legislature, one a vote
of thanks "for meritorious exertions to find a pass through the Cascade Mountains," the
other recommending " to the favorable consideration of Congress the just claims of Dr. E.
White, sub Indian agent, for a remuneration for the heavy expenses by him incurred in
attempting to discover a southern passage through the Cascade Mountains" (i). A few
days later the House resolved :
" That whereas, a copy of the organic law of Oregon, together with some resolutions,
intended to be sent to the United States, have not been attested and dispatched according
to the directions of this House ; therefore,
''''Resolved^ that the clerk dispatch for them a messenger to Vancouver, with authority
to bring said documents back, and that he deliver them to the secretary ; and that the
expenses incurred be paid by the members of this House who voted for the resolution."
On the next day the House resolved :
" That whereas, the Speaker of this House has signed certain documents, ordered to
be sent to the United States, by a vote of this legislature, from a mistaken sense of duty,
and not from contumacy or contempt for this House ; therefore,
" Resolved^ that M. M. McCarver, said Speaker, have leave of absence for the purpose
of following Dr. E. White to Vancouver ; and this House enjoins that said Speaker erase
his name from said documents, to wit : the Organic Law and two resolutions in favor of
Dr. E. White." It was further
" Resolved^ that it was not the intention of this House, in passing resolutions in favor
of Dr. E. White, to recommend him to the government of the United vStates as a suitable
person to fill an}' office in this territory ; " and it was further
" Resolved^ that the Clerk of this House forward, by some suitable person, an attested
copy of this resolution, to the United States government."
On the 17th of August, Dr. White addressed to the Assembly the following:
" To the Honorable etc.,
" Gcritlevien : Being on my wa}', and having but a moment to reflect, I have been at
much of a loss which of your two resolutions most to respect, or which to obej' ; but at
length have become satisfied that the first was taken most soberly, and, as it answers ray
purpose best, I pledge myself to adhere strictly to that. Sincerely wishing you good luck
in legislating, I am, dear sirs, verv respectfully yours,
"E. White."
Dr. E. Wliite accomplished nothing at Washington for him.self by this mission, and
was never afterwards known in Oregon politics.
During this session of the legislature, the Hudson's Bay Company yielded its
financial support to the Provisional government. The American settlers had invited the
company to join the organization. The matter of allegiance had been settled ; but the
wealth of the compau}- would have subjected it to a greater burden of taxation than all
other classes; indeed, the almost entire expense of the organization would have fallen upon
the company. After considerable negotiation had taken place between leading members
of the Oregon provisional government and the company's officers, the committee on
apportionment of representation, on the 14th of August, addressed a communication to
(1) See 'Oregon Archives," page 107.
270 HISTORY OF PACIFIC NORTHWEST — OREGON' AND WASHINGTON.
Dr. John McLoughlin, in wliicli this interrogatory was directl}' propounded : " Do j^ou
think the gentlemen of the company, over which you preside, will become parties to the
Articles of Compact, by the payment of taxes and in other respects complying with the
laws of the Provisional government ? "
To this Dr. McLoughlin and James Douglas promptly replied: " \'iewing the
organization as a compact of certain parties, British and American subjects residing in
Oregon, to afford each other protection in person and propert}', to maintain the peace of
the community, and prevent the commission of crime, a protection which all parties iu
this countrv feel they particularly stand in need of, as neither the British nor American
governments appear at liberty to extend the jurisdiction of their laws to this part of
America ; and, moreover, seeing that this compact does not interfere with our duties and
allegiance to our respective governments, nor with any rights of trade now enjoyed by
the Hudson's Ba}^ Company, we, the oflEcers of the Hudson's Ba}- Company, consent to
become parties to the Articles of Compact, provided we are called upon to pay taxes only
on our sales to settlers."
This satisfactory conclusion was followed soon after b}' the election of Chief Factor
James Douglas as District Judge for three years, and Charles Forrest, Superintendent of
Cowlitz Farm, District Judge for one year. All the element of Oregon population had
become an unit in favor of her system of popular government.
In the month of August, Lieutenants Warre and Vavasour of the Royal Engineers
visited Fort Vancouver, having crossed overland by way of Red river and Fort Colvile.
The mission of these ofl&cers was an investigation of the condition of Oregon, and of the
charge that officers of the Hudson's Bay Company, particularly Dr. McLoughlin, had
encouraged American settlement. " The}^ had sold goods to American settlers cheaper
than to British subjects ; they had joined the Provisional government, without reserve,
save the mere form of oath. They were accessory to the appropriation of the territory
by the American settlers." Such was the arraignment of Dr. McLoughlin at that time.
In an autobiographical memoranda, published at a later date, he repels tho.se insinuations
of treachery to his country and the company. Says he :
" By British demagogues I have been represented as a traitor. For what ? Because
I acted as a Christian, — .saved American citizens, men, women and children, from the
Indian tomahawk, and enabled them to make farms to support their families. American
demagogues have been base enough to assert that I had caused American citizens to be
massacred b}' savages. I, who saved all I could." * ''' * '•" " I felt it my bounden
duty, as a Christian, to act as I did, and which I think averted the evil (a disturbance
here which might have led to a war between Great Britain and the States), and which was
so displeasing to some English demagogues, that they represented me to the British
government as a person so partial to American interests as to sell the Hudson's Bay
Company's goods, in ni}- charge, cheaper to Americans than I did to British subjects. On
the other hand, though, if the American immigrants had been my brothers and sisters, I
could not have done more for them ; yet, after acting as I have, spending my means and
doing my utmost to settle the country, ni}' claim (Oregon Cit}') is reserved, while every
other settler get his (i). To be brief: I founded this settlement, and prevented a war
between the United States and Great Britain ; and, for doing this peaceably and quietly,
I was treated by the British in such a manner, that from self-respect I resigned my
situation in the Hudson's Bay Company's ser\-ice, by which I sacrificed Si 2,000 per
annum ; and the Oregon Land Bill shows the treatment I received from the Americans."
(ij Donation Act, September 27, 1850.
DISPOSITION OF THE LAUNCH SAVED FROM U. S. SHIP PEACOCK. 271
To exhibit the shades of politics manifested, as the time approached for the settlement
of the boundary, it may well be remembered that, at that identical time the Hudson's Ba}-
Company officials gave in their assent to the " Articles of Compact," when the}^ had
consented to join the Americans in the maintenance of the Provisional government, a
resolution was introduced in the legislature, " That no person belonging to the Hudson's
Bay Company, or in their service, shall ever be considered as a citizen of the government
of Oregon, nor have the right of suffrage or elective franchise." This was rejected. Late
in December, the legislature adjourned. Its last act was a peace offering, being the passage
of the resolution, "That one of the principal obj-ects contemplated in the formation of
the Provisional government was the promotion of peace and happiness among ourselves,
and the friendl}- relations which have, and ever ought to, exist between the people of the
United States and Great Britain ; and any measure of this house calculated to defeat the
same is in direct violation of the true intention for which it was formed."
At the time of the loss of the United States ship Peacock (1841), Captain Wilkes
expressed his intention in regard to the disposition of the launch, which had been saved.
In a letter to Dr. John IMcLoughlin, he said : " I thought I could not possibly place her
to a better use than by leaving her as a pilot boat for communication with vessels off the
dangerous bar of this river, and to afford relief, by giving pilots and assistance to those
that are coming in, or in cases of accidents." * * '■' ■'' " I will now state in a few
words the charge I wish the honorable Hudson's Bay Company to assume, viz. : That
the launch be kept at Fort George (Astoria) under the special charge of the agent of the
Hudson's Bay Companj^, for the sole purpose of affording aid and relief to all vessels
requiring assistance of any kind, and to furnish pilots for entering the river, until called
for by some person, authorized \>y me or the government of the United States, to receive
her" (ij.
In the Oregon House of Representatives, August 11, 1S45, ^ resolution was passed
appointing a committee of three to wait on Chief Factor IMcLoughlin, to inquire whether
" the launch boat left in his possession by Lieutenant Wilkes can be given to the
government : Provided^ this government becomes responsible for the safe-keeping and
deliver}' of said boat to order of Lieutenant Wilkes, or the United States government,
when properly demanded" (2). Dr. McLoughlin courteously answered, referring to the
special instructions intrusting him with the custody of the launch.
The legi-slature, not satisfied with this appropriate answer, upon the 19th of December,
1845, passed an act "authorizing the governor to take charge of, refit and employ the
launch in accordance with the conditions of Lieutenant Wilkes." Governor Abernethy
addres.sed Dr. IMcLoughlin, inclosing a copy of the legislative fiat. Dr. McLoughlin
persisted in obeying the language of the trust he had accepted. Surely the Provisional
government of Oregon could not claim to be the United States government, nor its
accredited representative. The matter became embarrassing to both parties ; neither could
well recede from the position taken. The matter was ultimately settled by Dr. IMcLoughlin
turning the boat over to Lieutenant Neil IM. Howison, United States Navy, who visited
Oregon in command of the United States schooner Shark. That officer sold the launch
to an Astoria pilot to be used as a pilot boat.
At the December session, a law was enacted relating to the currency. It made " gold
and silver, treasury drafts, accepted orders on solvent merchants, and good, merchantable
fi) See " United States Exploring Expedition " (Wilkes), Volume V. page 520.
(2) "Oregon Archives," pages 147, 150, 151.
272 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
wheat at market price, delivered at a customar}- depot for wheat, laicful tender for the
payment of taxes, judgments rendered in the courts, and for all debts contracted in the
territory where no special contract had been made to the contrary." B\- a supplementarj'^
act, those paying taxes in wheat were required to deliver the same at the warehouse or
place designated for the county or district, which had been declared depots for receiving
public revenue. The person in charge was authorized to give a receipt, stating the amount
which should be placed to the credit of the treasurer of the respective counties.
Lewis and Polk counties were established at this session of the legislature. The
immigration of 1845 f^^ exceeded in number any of its predecessors. It was estimated at
three thousand. Two trains left Independence, one commanded by Welch, with Joel
Palmer and Samuel K. Barlow, the other b}' Samuel Hancock, who settled on Whidby
Island. There were several companies that left St. Joseph. A great effort was made at
Fort Hall to turn this immigration towards California ; and about one-third of the
immigrants followed William B. Ide, guided by the trapper Greenwood. When the
Oregon trains had reached Fort Boise, Stephen H. Meek volunteered to show a shorter
and more practicable route across the Blue and Cascade Ranges of mountains.
Meek had never traversed the countr}-. W'hile he had been a trapper in the vicinity,
he had heard others speak of such a pass. It was well known that Southeastern Oregon
was less mountainous than the northern region ; and Meek assumed from such physical
feature that a more feasible route could there be found ; that a lower and better pass
through the Cascade Mountains existed. His "guessing" having failed, the immigrants
became indignant, and he was obliged to seek safety in escaping from their justly provoked
wrath. The part}', whom he caused to be lost in the mountains, after his desertion, with
extreme difficulty and untold hardships passed down the John Day river and reached the
Columbia ; thence they followed the old trail to the Dalles. That party had lost a number
on the way by sickness ; and several more died after reaching the Dalles. On Palmer's
company arriving at the Dalles, and finding there some sixty families awaiting
transportation, with but two small boats available, Palmer determined on making the
effort to cross the Cascade Mountains with their wagons. Barlow and Knighton had
before left the Dalles. Knighton had already returned discouraged ; but Barlow with
seven wagons was still seeking a pass through the mountains. Palmer came up with
Barlow on the 3d of October. When it became known in Oregon City that this party had
left the Dalles, and were attempting to cross the Mount Hood range of the Cascade
Mountains into the Willamette valley, a relief part}- was sent to their assistance. Palmer
himself arrived at Oregon City November ist; but full another month elapsed before the
last of the party had reached the settlements. In tliat immigration, Oregon received
valuable accessions to her population. Among the number were Joel Palmer, Tetherow,
T'Vault, Avery, the Waymires, John Fleming, Staats and Dr. Ralph Wilcox. The
number of American occupants thereafter vastl}' preponderated over the British
representatives.
The British ship Modeste was anchor.ed in the Columbia off Fort \'ancouver all winter
(1844-6) ; and her officers exerted their best efforts in extending hospitalities alike to
British and American residents. But the popularity of her oflBcers, and their amenities,
failed to reconcile American settlers to her presence. B}- many, that presence was
regarded as a standing menace ; and not a few declined participanc_v in those mutual
entertainments which grew out of her visit to the Columbia river.
ROBERT WINGATE,
TACO MA ,W T.
VISIT AND REPORT OF LIEUT. NEIL M. HOWISON, U. S. NAVY. 273
On the 5th of February, 1846, at Oregon City, was issued tlie first number of the
first newspaper published on the west side of the Rocky Mountains. It was named the
Oregon Sprctalor, and was edited by William G. T'Vault, of the immigration of '45.
Its proprietors were a company of gentlemen organized under the name of the " Oregon
Printing Association." Its avowed objects were: "To promote science, ■ temperance,
morality and general intelligence ; to establish a printing press ; to publish a newspaper."
T'Vault was President, J. W. Nesmith Vice-President, Governor Abernethy Treasurer,
and John P. Brooks Secretary. Its Board of Trustees were Robert Newell, John H.
Couch and John E. Long. T'Vault did not long continue editor. He was succeeded by
H. A. G. Lee, who shortly gave place to George L. Curry.
The condition of affairs in the spring of 1846, the presence of the Modeste at
Vancouver, and of the frigate Fisgard at Fort Nisqually, stimulated the American settlers
to form a company of mounted riflemen, which was called the " Oregon Rangers," of
which Charles Bennett was elected captain. The proceedings at the seat of the national
government leading to the treaty of June 15, 1846, have been fully detailed. While the
news from the East, heard only at irregular intervals, was usually of a pacific nature, still
the anxiety of the American settlers was kept alive, although their solicitudes and doubts
were not demoralizing, nor did they tend to discourage active pursuits of eyery-day life.
All were actively engaged in preparing their new homes, as though all international
disputes had been adjusted. Full of patriotic ardor, and stimulated by their British
surroundings, they selected Salem as the place for the first Fourth of July commemoration
in the Willamette valley. It was a grand demonstration. Peter H. Bnrnett was the orator.
Guns were fired. Toasts were followed by patriotic speeches; and a grand ball closed the
festivities.
Early in this year (1846), Commodore Sloat, commanding the Pacific squadron, U. S.
Navy, had issued an order for the U. S. schooner Sliark^ Lieutenant Neil M. Howison (i),
" to make an examination of the coast, harbors, rivers, soil, productions, climate and
population of the territory of Oregon." The Shark arrived at the mouth of the Columbia
river July 15th. Just inside of Cape Disappointment was met the boat containing the
Rev. Mr. Spalding, Wm. H. Gray and General A. L. Lovejoy, then mayor of Oregon
City. B3' them, Lieutenant Howison was informed that a colored man, then residing at
the cape, claimed to be a pilot. His services were obtained ; but he ran the Shark
ashore on Chinook shoal. The three Oregonians, blaming themselves for this accident,
went ashore and procured the services of Mr. Lattee, former mate of one of the Hudson's
Bay Company's vessels, then in charge at Astoria. On the 19th, the Shark anchored off
Astoria. On the 24th, she reached Fort Vancouver, finding H. B. M. sloop-of-war
Modi'ste, Captain Baillie, and two barks and a ship belonging to the company.
Lieutenant Howison remarks : " At this time we had not heard of the settlement of
the Ijoundary question, and intense excitement prevailed among all classes of residents on
this important subject. I enjoined it by letter on the officers under my command to
refrain from engaging in arguments touching the ownership of the soil, as it was our duty
rather to allaj' than increase excitement on a question which no power hereabouts can
settle. Besides the sloop-of-war Modcstc, anchored in the river, the British government
kept the frigate Fisgard in Puget Sound, and the strongly armed steamer Cormorant in
the Sound and about Vancouver Island. These unusual demonstrations produced
(i) Report of Lieuleuaut Howison, I". S. Navy, House of Representatives, thirtieth Congress, first session. Miscellaneous Documents, No. 29.
I'J
274 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
anything^ but a tranquilizing effect upon the American portion of the population ; and the
presence of the British flag was a constant source of irritation.
" The English officers used every gentlemanly caution to reconcile our countrymen
to their presence, but no really good feeling existed. Indeed, there never could be
congeniality between persons so entirely dissimilar as an American frontiersman and a
British naval officer. But the officers, never to my knowledge, had to complain of rude
treatment. The English residents calculated with great certainty upon the river being
adopted as the future dividing line, and looked with jealousy upon the American advance
into the northern portion of the territor}', which had some influeuce in restraining
emigration."
The Shark continued at Fort Vancouver till the 23d of August, Lieutenant Howison's
instructions being to leave the mouth of the river by the first of September. The Shark
was detained till the 8th of September in reaching Baker's Bay. The 9th was devoted to
an examination of the bar of the river. On the afternoon of the loth, in attempting to
get out, she was totally wrecked. The officers and crew of the Shark reached San
Francisco on the 27th of the ensuing January, having chartered the Hudson's Baj'
Company's schooner Cadboro. Before leaving for San Francisco, Captain Howison
presented to the Provisional government the stand of colors which had been preserved
from the wreck of the ill-fated Shark. In his neat and appropriate letter to Governor
Abernethy, he said :
" To display this national emblem, and cheer our citizens in this distant territory by
its presence, was a principal object of the Shark's visit to the Columbia; and it appears
to me, therefore, highly proper that it should henceforth remain with 3'ou, as a memento
of parental regard from the general government. With the fullest confidence that it will
be received and duly appreciated as such b}- our countrymen here, I do nn-self the honor
of transmitting the flags (an ensign and union jack) to your address; nor can I omit the
occasion to express my gratification and pride that this relic of my late command should
be emphatically the first United States flag to wave over the undisputed and purely
American territory of Oregon."
Governor Abernethy gracefnllj^ and gratefully received the colors in behalf of the
American settlers of Oregon, and responded: "We will fling it to the breeze on every
suitable occasion, and rejoice under the emblem of our country's glory, sincerely hoping
that the 'star-spangled banner' may ever wave over this portion of the United States."
The treat}- of June 15, 1846, between the United States and Great Britain, restricting
the American Oregon to the territory south of the forty-ninth parallel of north latitude,
had now become known in the territory. Disappointed, not to say humiliated, b}- the
surrender of so much territory, yet proudly and joyfully, the American settlers hailed the
prospect of being recognized as American citizens, entitled to share the protection and
blessings of that Union they loved so well ; — jubilant that their highest hopes were soon
to be realized ; that the United States would extend its protecting ^^^i,'7Jc over them; and that
their homes would be within the recognized Republic of the United States of America,
and they citizens of one of its political divisions.
Upon the receipt of the news that the United States government had given to Great
Britain the twelve months' notice of the abrogation of the Joint-Occiipanc}- Treat}' of
1827 (although advices of the ratification of the Treaty of Limits of June 15, 1846, had
not reached Oregon), politics became the order of the day. "The wish was father to the
thought " that tidings would be received that Oregon had been organized as a territorial
GEORGE ABERNETHY RE-ELECTED GOVERNOR OF OREGON. 275
government. Such a condition of affairs would require officers to administer such
government. It was the expectation of all that the national government would proceed to
confirm the land grants to actual settlers, in accordance with the spirit of the proposed
legislation which had encouraged immigration and settlement. These interests, weighty
to every settler, impelled the belief that the presence in Washington Cit}' of a delegate
was required, one who was accredited by the people, who enjoyed the popular confidence.
To secure the attention of the government, to hasten legislation, to give information to
shape and mold it, were matters of public concern.
In the fall, county meetings were held, out of which emanated district conventions.
There proved, however, too many causes of local jealousy to harmonize on a choice for
representative. No delegate could be agreed upon, nor could anything more be
accomplished than a mere expression of diverse views entertained as to land claims,
and a policy to be pursued. In the meantime, the legislature convened. It memorialized
Congress. Time passed, and another election (1S47) transpired. George Abernethy was
re-elected governor. He beat his competitor. General A. L. Lovejoy, but a few votes. In
fact, the result was so close as to require settlement by the official returns. The
Willamette valley had given Lovejoy a majority ; and the trifling majority was overcome
by a small majority which Aberneth}^ received north of the Columbia. In the fall, a
convention was called at Lafaj-ette for the purpose of memorializing the President to
appoint Oregon settlers to territorial offices.
Again personal bickerings defeated the scheme. By that convention, however, a
committee, consisting of Judge Burnett, George L. Curry and L. A. Rice, were appointed
to draft a memorial to Congress upon the needs of Oregon. That memorial was an able
and temperate protest against further neglect of the territory. It set forth the claims of
the settlers to consideration. It portrayed the resources and importance of the territory,
its poverty of appliances to repress crime and to protect property. Again the settlers
asked that the title to the lands earned by them might be quieted, and concluded : " We
think we merit the respectful consideration of our government. It is with our country
whether she will hear us or not."
That convention did not attempt to reconcile the conflicting claims of the men who
were named as proper persons from whom to select the bearer of this memorial to the seat
of government, and urge its consideration upon the Executive Department and Congress.
But Governor Abernethy selected J. Ouinn Thornton as a delegate. That gentleman
sailed upon the bark ]Vh{ton^ the vessel by which the memorial was also transmitted to
Washington. Thornton asserts that he was sent as a delegate by the Provisional
government; that he was appointed by Governor Abernethy; that his expenses were
borne by the Oregon Methodist mis.sionaries; and that he also was requested to act by Dr.
Marcus Whitman, who at that time anticipated an Indian outbreak in the interior.
Certain sections of the treaty of June 15, 1S46 (vague and uncertain rumors of which
had b}' this time reached the territory), which were represented as confirming to British
subjects in possession such possessory rights as had been acquired, might defeat certain
claims by missionaries, notably the Oregon Cit}' claim. Ostensibly to look after those
interests, and to forestall favorable action on the people's memorial, J. Ouinn Thornton
sailed on the loth of November, as a delegate to Washington City. He found at San
Jose, California, the sloop-of-war Portsmontli^ and on her secured passage, arriving at
Boston May 5, 1848.
276 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
In the Oregon legislature of December, 1847-8, Mr. Nesmitli introduced a resolution
remonstrating against the appointment of Judge Thornton to any office in the territory-.
This was adopted, then reconsidered, and, by the Speaker's casting vote, nltimatel}'
defeated. What Delegate Thornton claims to have accomplished has become familiar to
all Oregon settlers, bj- the full reports of his expedition as related b}' himself (i).
In 1847, the immigration to Oregon numbered between four and five thousand. The
principal event of this year was the Whitman massacre. It was so thorough!}- interwoven
with the history of the missions of the American Board of Commissioners of Foreign
IMissions as to render its narration necessary in the chapter detailing the history of those
missions. As a consequence of the horror at Waiilatpu, — the murder of Dr. Whitman
and wife, and the innocent inmates of the Whitman Mission, by the perfidious Cayuses, —
the Provisional government organized a force of volunteers to punish the murderers, or
to chastise the tribe if it refused to surrender them. Such was the sole cause of the
Caj'use war.
(1) Thornton's "History of California and Oregon." Thornton's "History of the Provisional Government," in "Transactions of Oregon
Pioneers," 1S74.
HON.JOHN BURNETT,
CORVALLiS.OR
^^vv
G.B. SMITH,
CORVALLIS, OR.
■^
GAPT. LEVI SCOTT,
CRESWELL,,OR.
SIDNEY W.MOSS,
OREGON CITY.OR
CAPT. JAMES P. GOODALL,
JACKSON COUNTT.OR.
I
i
Chapter XXXIII.
(1847-184S.)
Governor Aberiiethy's Message — Kesohitioiis to Raise a Coini>any of 3IounteU
KiHemen lor Iiiunediate Service at Dalles — Citizens' 3Ieeting — First Company
Enrolled — Legislatnre Authorizes Raising a Regiment — Gilliam Elected
Colonel; Other Officers — Efforts to Procure a Loan — Joel Palmer Appointed
Superintendent of Indian Affairs — Peace Commission Appointed — Arrival of
the Rescued Captives — Whitman Massacre — Skirmish with Hostiles near
Dalles — Advance of Colonel Gilliam with Troops — Fight at the Steve Meek
Cut-off — Gilliam Marches f<)r VVaiilatpu — His Campaign on the Touchet —
Victory Over the Palouses — Death of Colonel Gilliam — 3Iaxon in Command
— Appeal for Provisions and Reinforcements — Lee Appointed Colonel by the
Governor, and also Superintendent of Indian Affairs — Lee Generously Gives
Place to Lieutenant-Colonel Waters, Who Is Promoted to Colonelcy — Lee
Accepts Commission as Lieutenant-Colonel — March into Nez Perce Country —
Close of Campaign — Battle of the Abiqua.
'"P^HE shocking barbarity of the Cayuses in the murder of the inmates of the Whitman
1. Mission at Waiilatpu, and the prompt rescue of the surviving captives by Chief
Factor Peter Skeen Ogden of the Hudson's Bay Company, have been narrated as the
tragic close of the history of the Protestant missions of the interior. While Governor
Ogden was on that mission of mercy to the hostile camps, to redeem the captives from
the murderous and lecherous Cayuses, the Oregon Provisional government had
inaugurated war against the perfidious murderers and their confederates in crime. On
the Sth of December, 1S47, Governor Abernethy thus addressed the assembled legislature
of Oregon :
" It is ni}' painful duty to lay the inclosed communications before your honorable
body (i). They will give you the particulars of the horrible massacre committed by
the Ca3'use Indians on the residents of Waiilatpu. This is one of the most distressing
circumstances that has occurred in our territor}', and one that calls for immediate and
prompt action. I am aware that, to meet this case, funds will be required, and suggest the
propriety of applying to the honorable Hudson's Bay Company and the merchants of this
place (Oregon Cit}') for a loan to carry out whatever plan you may fix upon. I have no
doubt but the expenses of this affair will be promptly met by the United States
government."
On the reception of this message, upon motion of J. W. Nesmith, a resolution was
unanimously passed, "authorizing the governor to raise a company of riflemen, not to
exceed fift}' men, rank and file, and to dispatch them forthwith to occupy the Mission
(i) Letter December 4, 1S47. of James Douglas, Chief Factor Hudson's Bay Cotnpatiy at Fort Vauc )uver. inclosing letter of Cliief Trader
McBean, Fort Walla Walla, dated November 30, 1S47. Letter of .\lauson Hinman, Dalles, to Governor Abernethy, asking for protection of that
station. See Oregon Spectator, Vol, XI, No. 23,
( 277 )
278 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Station at the Dalles, and retaiu said station until the}- can be reinforced, or other
measures be taken b}- the government." Messrs. Nesmith, Reece and Crawford were
appointed a committee to advise the governor of the passage of said resolution.
Upon Governor Aberneth3^'s call, a citizens' meeting was held that evening, which
was addressed by Messrs. Nesmith, S. K. Barlow and H. A. G. Lee. Forty-five volunteers
were enrolled on the spot. The}^ assembled next day at the house of S. K. Barlow, and
elected their officers; immediately thereafter they started for the Dalles (i). On the 9th
of December, the House passed a bill authorizing the governor to issue a proclamation
for a regiment of volunteer mounted riflemen, not to exceed five hundred men, to be
subject to the rules and articles of war of the United States army, and to serve for ten
months, unless sooner discharged. Oregon City, December 25th, was designated as the
rendezvous. The regimental officers were to be elected by the legislature. The companies
were to number not more than one hundred nor less than fift}-, and elect their own officers.
Jesse Applegate, George L. Curry and A. L. Lovejoy were constituted a commission
to negotiate a loan of $100,000 upon the credit of the territory, unless the debt should be
discharged by the United States. The governor issued a proclamation calling for one
hundred men. Later, he acted as the law had commanded, bj' calling for a regiment.
The legislature elected Cornelius Gilliam, Colonel ; James Waters, Lieutenant-Colonel ;
Henry A. G. Lee, Major; and Joel Palmer, Commissar}' and Quartermaster-General.
Later in the session, A. L. Lovejoy was elected Adjutant-General. Joseph L. Meek was
selected special messenger to Washington City, to urge upon the United States government
the necessity of its assuming control of affairs. He carried a memorial couched in
language of burning reproof of that neglect which the American settlers had experienced.
The Loan Commission, on applying at Fort Vancouver, were denied a money loan,
in consequence of peremptory orders from London to the officers in charge, " not to deal
in government securities." Governor Douglas, in the most positive terms, expressed the
cordial sympathy with the government '' in its efforts to prevent further aggression, and
to rescue from the hands of the Indians the women and children who survived the
massacre." He promptly furnished those necessaries required to equip the first compau}-,
and place it in the field, accepting the personal security of Governor Aberneth}- and two of
the Loan Commissioners (Applegate and Lovejo}-). From the Oregon City merchants,
loans amounting to $3,600 had been secured. Further eff'orts proved useless. Discouraged,
the commissioners resigned ; and a new Board succeeded, consisting of Lovejo}', Hugh
Burns, and W. H. Willson. The}- met with no better success. For subscriptions, they
were forced to take orders upon stores, and, in many instances, to realize cash, were
obliged to heavily discount subscriptions. To make up the deficiency, and to supply the
sinews of war, the volunteers and citizens furnished much from their private resources,
either giving it outright, or, where the quantity warranted, taking a receipt or scrip for
property furnished.
Jesse Applegate was dispatched overland to California to solicit aid from Governor
Mason, the military governor of California. After a laborious effort to cross the
mountains, he was compelled to abandon the journey ; and the dispatches, of which he
was bearer, were forwarded by sea ; but no aid came from any quarter. Alone, neglected,
impoverished, Oregon, without a revenue, had no alternative. She was compelled to, and
■ did successfully, wage that war. Colonel Gilliam, indignant at the refusal of the
Hudson's Bay Company to furnish the loan, was reported to have threatened that he
(I) See roll of first company of Ihe Oregon Rifles, together with the other company rolls, at the end of this chapter.
ARRIVAL OF RESCUED CAPTIVES OF THE WHITMAN MASSACRE. 279
would snppl}' himself and his little army at Fort Vancouver, and give a receipt for the
property as evidence of a claim against the government. Douglas, having heard such
rumor, mounted guns upon the bastions, and then addressed a letter to Governor
Abernethy in regard to the reported threat. Governor Aberneth}- disavowed the act, and
denied that such threat had been made, or that such intention existed. The status quo
was restored, and good feeling between the executive and the Hudson's Bay Company's
officers once more prevailed.
Joel Palmer had been also appointed Superintendent of Indian Affairs. A peace
commission had been constituted by associating with him Major H. A. G. Lee and Robert
Newell. Its purpose was to accompau}' the troops to the hostile countr}', from thence
to visit the Nez Perces and other interior tribes, and to defeat, if possible, a combination
of other tribes with the Cayuses. On Christmas night, the first compau}- reached the
Dalles. On the 13th, Lee had met Alanson Hinman, with his family, and Perrin
Whitman, 01 route to the Willamette. Hinman's famil}' continued on to the Cascades,
whilst Hinman himself returned to the Dalles with the troops.
The Wasco Indians had continued friendl}- ; nor had the propert}' about the station
been molested ; but the immigrants' propert}^ deposited at Barlow's Gate in the Cascade
Mountains, had been stolen. On the 8th of January, 1848, the da}^ fixed by the second
proclamation for the companies to rendezvous at Portland, Governor Ogden, with the
Waiilatpu captives rescued by him, arrived at Fort Vancouver. On the 9th, they reached
Oregon Cit}-. The cordial reception of the captives and their deliverers, the correspondence
between the officials, and the general joy, all bear witness to the grateful thanks of the
American people of neglected Oregon to good old Peter Skeen Ogden for his humanity.
He had proved himself "the friend in need, the friend indeed." Oregon's journal
eloquentl}- voiced the American sentiment : " The act of rescuing so many defenseless
women and children from the bloody and cruel grasp of savages merits, and, we believe,
receives, the universal thanks and gratitude of the people of Oregon. Such an act is
the legitimate offspring of a noble, generous and manl}'' heart."
The rescue had been sagaciously and promptly accomplished before the hostiles
could be advised of the preparations by the Americans for the punishment of the
murderers. Governor Ogden knew Indian character so well that he feared, if the Cayuses
learned of threatened hostilities, they would excuse themselves for retaining their captives,
or that the}' might proceed to extremities, and murder the survivors, who were their
prisoners. To save those unfortunates, he called to his aid all the moral influence of
the company and his own great prestige with the Indians, and used the company's
propert}- for the ransom. Their arrival in the Willamette settlements was not onl}- a
source of unalloyed joy, but greatly rekindled the war feeling. Colonel Gilliam (i) with
an advance party of fift}' men, on the 9th, set out for the Dalles, which station he reached
on the 24th. Passing up the Columbia, at the portage of the Cascades, a suppl}' station
was established called Fort Gilliam. The stockade erected at the Dalles was called Fort
Lee. It was the ami}- headquarters ; and here was mounted one nine-pounder, the only
piece of artillery belonging to the Oregon Provisional government.
Before Gilliam's arrival, several skirmishes with the Indians had occurred. The
hostiles had been discovered in the act of herding the immigrants' cattle, preparator}' to
driving them off. IMajor Lee, with several men, approached to warn them off, and were
fired upon. A fight of several hours followed, in which three Indians were killed and one
(1) The names of the volunteers who ser\-ed in the Cayuse war will be found at the end of this chapter.
280 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
wounded. The Indians succeeded in driving off about three hundred head of stock. In
this affair, Sergeant William Berry was severely wounded. The next day sixty Indian
horses were captured. It was the custom, daily, to drive to pasture on a hill about three
miles southeast of the fort the horses, numbering about fifty head, belonging to the
command. Ten men formed the horse guard. The hostiles placed two horses on a hill
at a short distance to decoy the guards. The men watched those two horses for several
hours, believing them to be strays. No Indians being in sight, two of the youngest
volunteers, Pugh (i) and Jackson, descended the hill to secure the horses, and were fired
upon by the hostiles and both mortall}' wounded. They fought bravely, killing one
Indian. The savages escaped, carrying off their dead and leaving Pugh and Jackson dead
upon the field. On the arrival of Colonel Gilliam at Fort Lee, with a party of 130 men,
he marched up the east side of the Des Chutes, putting to flight a number of war parties,
who would fire and run. The hostiles made a stand near the crossing of the river on the
"Steve Meek Cut-off," as it was called. As the troops passed down a deep ravine, the
Indians fired upon them from the bluff. Two companies were ordered to dismount, charge
up the hill, and dislodge them. The summit gained, scattering boulders afforded shelter
for the Indians; but the troops quickly dislodged them, and killed several of their number.
Antoine, a Spaniard, was here seriously wounded, the only casualty' on the side of the
troops. The Indians fled to their village, some two miles distant, keeping up a running
fire. On the troops reaching their village, the}^ found that ponies had been packed, ready
to move, and that they had struck camp and left. The troops, being dismounted, could
not profitably pursue them beyond the village. Caches were found containing ten bushels
of peas, the same quantity of clean wheat, eight bushels of potatoes, dried berries, tons of
dried salmon and sturgeon, besides some ladies' shoes, dresses and a clock which were
recognized as having been stolen from the wagons left, in the fall of '47, by Lot Whitcomb
in the Cascades. Property which could not be carried away was burned.
Arriving near the Des Chutes river, the troops camped for the night. Strong guards
were set and the fires all extinguished. At about midnight, Alexander McDonald went
beyond the lines to secure a horse, supposed by him to be a stray, and was mistaken by
the sentry for an Indian, who shot and mortally wounded him. He died about sundown
the next day. All hostilities having disappeared from the vicinity of the Dalles, Colonel
Gilliam prepared to march into the Ca3-use country.
Governor Abernethy was extremely solicitous that the peace commission should reach
the Dalles before Gilliam's advance. The commissioners arrived at the Dalles on the
loth of February with the companies commanded by Captains English and Thomas
McKay, with the cannon designed for defensive operations at the front. The
commissioners were to have preceded Gilliam's march, and the 14th had been fixed as the
day for their start. On the 13th, news was received that a combination had been effected
between several of the eastern tribes. This report determined Gilliam to advance with
three hundred men the next morning to Waiilatpu. Captain Williams, with twenty-seven
men, was left in charge of Fort Lee. Several officers and men, dissatisfied at being left at
Fort Lee, and therefore not permitted to fight the Indians, returned from the Dalles to
Willamette valle}'. The men were illy provided with necessary stores; but the spirit of the
command was good. On the i8th, at the crossing of the John Day river, it was apparent
that Indians had camped there the previous night. Major Lee advanced, but returned at
midnight, without overhauling the hostiles. On entering the hostile Cayuse country,
(:) SUtemeut of Captain J. H .McMillau, Oregonian, April i, 1886.
WM MUNKS,
FIDALGO.W.T.
COLONEL GILLL^M MARCHES FOR WAIILATPU. 281
Indians could be seen moving with their camps and stock towards the Blue Mountains.
On the 23d, thirteen Des Chutes came in, requesting a council for their people. Their
request could not be granted, but they were sent back to the Dalles, there to await the
return of the commission.
Colonel Gilliam crossed the Umatilla on the 26th, and advanced to within three miles
of the Cayuse camp, where he remained during the forenoon of the 27th. Along the hills,
Indians appeared in great numbers, the main body indicating signs of hostility. From
those who came into the camp, the commissioners learned that the messenger sent to notif}'
the Nez Perces to assemble and meet with them had been sent back by hostile Cayuses.
Another messenger was therefore sent. Great faith had been placed in the forwarding
of letters to prominent men of the Nez Perces and other tribes, asserting the desire
for continued peace, and dissuading them from entering the hostile combination. That
scheme proved useless ; but the commissioners, in perfect good faith, had awaited the
result. Colonel Gilliam, impatient at the delay and its consequences, had afforded every
opportunity for the peace plan to have accomplished its purpose. On the 27th, Gilliam
moved to the Columbia, the Indians having all dissappeared through the night. To him
it was plain that such movement signified no council by them. It meant defiance ; it
meant continued war. On the night of the 28th, Gilliam camped near Fort Walla Walla.
The next daj- he moved six miles up the Walla Walla river, camping close to the camp of
Peu-pen-mox-mox, who professed friendship, and supplied the little army with beef.
On the 2d of March, the troops camped at Whitman's mission. Gilliam there
witnessed the evidences of havoc of the memorable 29th of November, '47, and the
desolation of that cruel and unprovoked massacre of our people. On the next day, he sent
a detachment of one hundred men to escort government messenger Joseph L. Meek and
his little party beyond the hostile lines. He then set about constructing an adobe fort,
which he called Fort Waters.
Impatient, and, as he regarded it, handicapped by the presence of the Peace
Commission, which to him seemed to have no other practical purpose than to afford time for
the guilty Cayuses to escape chastisement, he waited till the 9th, when he began moving
towards the Cayuse camp. The Cayuses had disappointed the expectations of the
commission b}? refusing to surrender Tau-i-tau and Tamsuky. Colonel Gilliam proposed
to release five of the murderers if the Indians would deliver Joe Lewis to him. The
commissioners having refused their consent to such proposal, withdrew from the council.
Upon the next day they accompanied Captain English to Waiilatpu, from whence they
returned to Oregon City.
Colonel Gilliam, with 158 men, at once marched for Snake river. On the nth, three
Indians bearing a flag returned some horses which had been stolen from the troops on the
march to Waiilatpu. Those Indians reported that Sticcas had captured Joe Lewis, and was
bringing him to Colonel Gilliam ; that he had been rescued, and that the property of the
hostiles, which Sticcas was bringing to Colonel Gilliam, had been retaken by the Indians.
These reports led Colonel Gilliam to doubt the good faith of Sticcas. The troops camped
upon the Tucanon. On the 13th, a message was received from Tau-i-tau, expressing a
desire to desert the hostile Cayuses. He gave the information that Tamsuk}' had gone to
Red Wolf's camp, on Snake river, and that Telau-ka-ikt, with the rest of the Cayuses,
had fled down the Tucanon, with the intention of crossing Snake river into the Palouse
country. After dark. Colonel Gilliam mounted his men, and marched for the Indian camp
at the mouth of the Tucanon, which was reached before daybreak. When light enough
282 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
to advance, an old Indian approached and informed Colonel Gilliam that it was
Peu-peu-mox-mox's camp, bnt that the stock feeding upon the surrounding hills belonged
to hostile Cayuses. Having reached the summit of the bluff where the cattle grazed, the
cattle were seen swimming across Snake river. Nothing then remained but to collect- the
horses, about five hundred head, and with them return to the Touchet.
Having advanced a mile on their return, the troops were attacked in the rear bj- four
hundred Indians, mostly Palouses. A running fight was kept up all day. At night.
Colonel Gilliam's troops camped several miles from the Touchet, upon a little stream,
without food or fire, the Indians harrassing them during the whole of the night by
shooting into the camp. The stock was turned loose, but that did not tempt the Indians
to leave. In the morning, the hostiles were still surrounding the troops. A running fire
was renewed and continued until within two miles of the Touchet crossing, at which time
the Indians, who were in the rear, attempted to dash by Colonel Gilliam's force to reach
the crossing first. The fight was desperate ; and the Oregon troops were over an hour in
crossing the river. The volunteers, though greatly outnumbered, were victorious. Their
loss was ten wounded. The Indian loss was four killed and fourteen wounded. The
Indians made no further attempt to cross the river, nor to follow the troops. On the i6th.
Colonel Gilliam's command reached Fort Waters. Recent occurrences had satisfactorily
demonstrated that, while the Nez Perces, Walla W^allas and Yakimas would not openly
and actively join the Caj-uses, still the latter had pronounced allies in the Palouses,
reinforced by renegades from the several tribes surrounding the Palouse countr}'.
On the iSth, Colonel Gilliam held a council of war. It was determined that, with
one hundred and sixty men, he should return to the Dalles, and escort a supply train to
Fort Waters, leaving the fort, during his absence, in command of Lieutenant-Colonel
Waters. The companies of Captains Maxon and McKay, on the 20th, set out for the
Dalles with wagons for the transportation of return supplies. Thej' had crossed the
Umatilla and gone into camp. Colonel Gilliam was drawing from the wagon a rope to
tether his horse, which caught on the trigger of a gun ; and the load was discharged into
his bod}', instantly killing him. Thus, by an ignoble accident, was sacrificed the life of
the idol of the Oregon troops, a zealous, impetuous soldier, a natural-born leader, a brave
and thorough patriot, a generous friend, a good citizen.
The command of the party devolved upon Captain Maxon. That officer made a
report to the governor, and citizens of the Willamette valley, of the condition of affairs
in the upper country, which was a distressing exhibit. For Waters was represented as a
mere adobe inclosure a few feet high. Its garrison was destitute of clothing and other
necessaries, the horses worn out. Of the animals recently captured, many had been
claimed by and been returned to friendly Indians ; that the terms of enlistment of
many of the troops were about expiring; that one hundred and fifty men were at Fort
Waters, without bread, and with their ammunition nearly exhausted. At Fort Lee, the
condition was but little better, fifty men being without supplies.
Captain I\Iaxon pathetically appealed for bread, clothing, for the verj' necessities of
life for the suffering soldiery, and that supplies be hastened forward to the Dalles.
Maxou's report created an excitement throughout the settlements. The women organized
themselves into societies to labor for the support of the little ami}-. The governor called
by proclamation for three hundred recruits. Meetings were held throughout the
Willamette valley ; and, in response, two hundred and fiftv volunteers enlisted. Before
those recruits were read}' to take the field, Colonel Waters advised the governor by letter
APPOINTMENT OF MAJOR LEE AS COLONEL. 283
that Peu-peu-mox-mox had become hostile, his cause of complaint being the act of the
legislature prohibiting sales of ammunition to Indians. That haughty Walla Walla chief
had insolently demanded immunity from that law, and threatened to join the hostile
combination. Sixt}' lodges, with three hundred warriors of the Walla Walla nation, were
camped near Fort Walla Walla. Other Indian news was unfavorable. Tamsuky, Joe
Lewis, and the sons of Telau-ka-ikt, were fleeing to Fort Hall. Sticcas and Tau-i-tau had
retired to the mountains, detenuiued to remain there till the war was over. The Cayuses,
Palouses and renegade Nez Perces had resolved to make one more stand, before leaving
the country to hunt buffalo. The news from the Dalles was more encouraging. Prominent
men of the Yakima nation had visited Fort Lee, and had given assurances that the Cayuses
had threatened them with war, but that neither they nor the Spokanes would join the
hostiles. In those expressions of peaceable intention, the Yakiiuas had doubtless
expected to be able to have secured ammunition. Instead of ammunition, however, they
were presented with a plow ; and, as they left, they pretended to be satisfied.
On the death of Colonel Gilliam, Governor Abernethy commissioned Major Lee as
Colonel, overslaughing Lieutenant-Colonel Waters. Lieutenant Magone was promoted to
the majority made vacant by Lee's promotion. General Palmer having retired from the
Indian superintendency, Lee was appointed to that office. Colonel Lee, on commencing
his new career, had a disagreement with Captain W. J. Martin, whose company had been
numbered ten, Captain Martin claiming it should have rightfully been numbered nine.
The colonel adhering to his view, Captain Martin and his two lieutenants, with twelve
privates, returned from Fort Lee to Portland.
The new war policy, agreed upon by the governor and Colonel Lee, superintendent of
Indian affairs, was : " Notice should be given to the Indians, that, after the expiration of
such time as was named therein, any Indian found armed in the hostile country should be
treated as an enemy." The new superintendent, on his way to Waiilatpu, at the John
Day river, met an express from the Nez Perces, asking for a council. This hastened
Colonel Lee's movements ; and he reached Waiilatpu on the 9th of May. Tau-i-tau,
Sticcas, Camaspelo, and other Cayuse chiefs, had returned to the Umatilla. They
professed to be friendl}^ ; but the presence of great numbers of stock in the vicinity
impelled the belief, that those Indians were really taking care of the stock of the murderers
who had fled the country.
Affairs having been satisfactorily settled with the Nez Perces, who still refused to join
with the Cayuses, Colonel Lee proceeded to hold a council at Umatilla with the Walla
Wallas and those Cayuses who were not in the hostile combination. The arrival of
reinforcements and a supply of ammunition at Fort Waters had had a salutary effect on the
Indians. Says Colonel Waters: "The friendship of the Indians increases with our
numbers." Peu-peu-mox-mox had renewed his professions ot friendship for the Whites;
but he had placed himself in a dilemma. Telau-ka-ikt was in the Palouse country. The
attempt by Peu-peu-mox-mox to give up the murderers would necessitate war between the
Palouses and the Walla Wallas. To have refused to make the attempt to secure and
return the murderers to the Americans was but to invite hostilities, by the latter, against
the Walla Wallas. Both Peu-peu-mox-mox and Tau-i-tau were, however, equal to the
emergenc}'. They made all the promises which the superintendent required, regardless of
their inability to make good such promises.
Arrived at Fort Waters, Colonel Lee, finding the men satisfied under the command
of Lieutenant-Colonel Waters, magnanimously offered to resign the colonelcy in favor
284 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
of Waters. The resignations of both were forwarded to the governor. The regiment
filled the vacancies by electing Waters Colonel, and Lee Lieutenant-Colonel. Preparations
were at once made to invade the Nez Perce country, where it was believed the Cayuse
murderers were concealed. Leaving a small force to garrison the fort, the troops,
numbering four hundred and fift}^ marched out, camping that night on the Coppei. The
next morning, Lieutenant-Colonel Lee, with Captain Thompson and 120 men, were
ordered to advance to Red Wolf's camp, at the Snake river crossing, for the purpose of
cutting off the retreat of the hostiles, who were fleeing towards the mountains. Colonel
\\'aters, with the main body, was to cross at the mouth of the Palouse river, and prevent
their escape to the Columbia. Several friendly Palouse chiefs had contracted to supply
canoes to ferry across the men and baggage; but, at the crossing designated, neither
canoes nor Indians appeared. Major Magone, with four men, crossed the Snake river on
a raft, searched the banks of the Palouse river, and at length found the Indian ferrymen.
They returned with him to camp; but it was too late to cross that daj'. By noon of the
2ist, the crossing had been effected. The march toward Lapwai was resumed, an Indian,
who promised to go directly to the camp of Telau-ka-ikt, acting as guide. On the 2 2d,
Waters received news from Missionary Eells, that the Spokanes were not harmonious in
feeling, although none excused the murderers. Fort3'-three of the tribe, who had
accompanied Air. Eells' messenger, offered their services to bring in a number of
Telau-ka-ikt's cattle. They performed that service, bringing in two Nez Perces also, who
declared that Telau-ka-ikt had himself fled to the mountains, but that most of his stock
was herded near Snake river.
Major Magone, with 100 men, was detached to bring in Telau-ka-ikt's property, and to
capture any Indians suspected of acting with the hostiles. One suspected Indian was
killed. Near the scene of the killing was a Snake camp under command of an old
Indian, Beard}' by name. Beardy assured Major Magone that Telau-ka-ikt had left tlie
country. This was confirmed b}' Richard, who had been recentl}- appointed bv Colonel
Lee head chief of the Nez Perces. Major Magone also learned that a dispatch had been
forwarded from Colonel Lee at Lapwai to Colonel Waters. He thereupon collected
Telau-ka-ikt's stock, and returned to the Palouse. Colonel Lee had been informed at Red
Wolf's camp, that Telau-ka-ikt's band, two daj-s before, had fled the country, carrying away
everything that they owned, but that some of their .stock remained near Lapwai. He
went thither on the 2 1 St, and collected the Ca3nise cattle. Colonel Lee notified the Nez
Perces that his presence in their country was to punish the Ca3-use murderers ; that if
they (the Nez Perces) were friends to the Americans, they would not conceal the Caj-use's
property', but would freely surrender it. To this the}' assented; and with their co-operation,
Colonel Lee's troops drove back to Waters' camp one hundred and eighteen horses, a
number of colts, and forty head of cattle. Colonel Lee was ordered to rejoin the main
party, which he accomplished on the 26th.
It had become evident that nothing justified keeping a regiment in the Cayuse
countr}-. During their presence, the murderers would continue concealed. True, the
property of the hostiles could be seized and confiscated ; but even that was attended with
iinsatisfactorj' results. It was an Indian scheme, — so-called friendly Indians were always on
hand to claim such propert}-. A failure to return where the claim was well-founded could
only tend to embitter the Indian mind. Hence this system of refusal was almost certain to
create difficulties with friendly Indians, and might convert them into enemies. Hope was
abandoned that the Nez Perces would assist to capture the murderers. It was therefore
BATTLE OF THE ABIQUA. 285
determined by the governor and militar}' officers, that it was advisable to close the
campaign. A small force under Major Magone was sent to the Chemakane to escort the
families of Missionaries Walker and Fells to the Willamette. Captain William Martin,
with fifty-five men, remained in the garrison at Fort Waters to afford protection to
immigrants, and also to hold the countr}', with some hope that the presence of an armed
force might induce the surrender of the murderers. Seventeen men, under command of
Lieutenant Rogers, continued in service at Fort Lee. The rest of the regiment proceeded
to Oregon City, were disbanded by Captain Hall, on furlough, subject to the order of the
governor, and were soon thereafter mustered out. So far as field operations were concerned,
the Cayuse war was at an end.
While the Cayuse war was being carried on in the interior, the Indians of the
Willamette valley, aware of the necessary absence of so many adult males, had, upon
several occasions, manifested a disposition to take advantage of such condition of affairs,
and to alarm the weak and remote settlements by insolent conduct and predatory acts.
Companies of home guards had become necessary, and had been organized in those remote
settlements.
In March, 1848, some eighty Klamaths under Koosta, their chief, visited a large band
of Molallas, camped at the head of Abiqua creek. Members of both tribes, dressed irj
war paint, visited the houses of adjacent settlers, killing stock, pillaging houses, insulting
women, rudel}' compelling them to cook for them, and committing many similar defiant
acts. One afternoon, in the early spring, a party of those Indians surrounded the
residence of Richard IMiller, a prominent citizen of Champoeg (now Marion) count}'. It
was a log house, the defenses of which had been strengthened ; and it had served as a
place of refuge for the neighborhood. At the same time, a small party of the Indians had
endeavored to cut off the escape of a visitor. The mail carrier Knox opportunely passed
and witnessed the impending danger. As he carried his mail, he gave notice to the
inmates of each house. Others mounted and rode, warning the settlers, and calling them
together for defense. Sixty men, old and young, capable of bearing arms, responded to
the call, and assembled at Miller's upon the next morning. During the night, the Indians
had retired. A military organization was effected. Daniel Waldo was elected Colonel,
and Richard Miller and Ralph C. Geer, Captains. Forthwith the volunteers set out for
the Indian camp. Those who were mounted, under command of Colonel Waldo and
Captain ^Miller, crossed the Abiqua, following up its north side. Captain Geer, in charge
of those on foot, marched up the south side.
Upon the approach of the mounted men, the Indians crossed to the south side, and
there encountered the party on foot, concealed in a thicket. The Indians were armed with
bows and arrows, the Whites with rifles. Two of their number having been slain, the
Indians retreated up the creek. Night being at hand, it was agreed that those men having
families should return to their homes, the young men should camp at the nearest
farmhouse, and that all should reassemble at daylight next day to continue the pursuit of
the savages. In the morning, the Indians were overtaken on the Klamath trail beyond
Koosta's camp. Their rear guard, as they retreated, defended the band b}- shooting volleys
of arrows at the pursuing Oregonians. One arrow onl}- took effect, and it occasioned no
material injur}'. The riflemen had killed several of the Indians; the rest had retreated
to a rocky ledge which overhung the creek. The Oregonians continued following, still
covered by the thicket. Several Indians, who had succeeded in climbing the ledge which
ran out to and projected over the stream, made their escape. The rest were forced to make
286 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
a stand, and for a while fought manfully, arrows against rifles, then scattered and ran
away. In the uneven contest, seven savages were left dead upon the field. One of the
killed proved to be ^ woman, who held in her dying grasp a drawn bow, with an arrow
ready to be sped at her pursuers. The miscreants who had made the trouble and invited
this chastisement had made good their escape, leaving to follow their wives and children,
with a few warriors as a guard. Upon that rear guard had fallen the blow so richly
deserved by the Klamaths and Molallas, camped on the Abiqua.
The " battle of the Abiqua " was unheralded to the world till years afterwards.
When published, the statement that it had occurred was persistently denied. Its effect at
the time had proved salutary in the highest degree. It had successfully quieted the
Indians in the vicinity of the Willamette settlements. It had served to warn the
renegades from the interior tribes to leave the valley, and not to attempt to incite an
Indian outbreak ; and it had effectually removed any cause of alarm thereafter in the
outer settlements.
The presence of the Oregon troops at Fort Waters deterred any Indian molestation
of immigrant trains in 1848 by way of Walla Walla and the Dalles. Along the southern
trail, the Indians had remained quiet. The immigration of 184B arrived safely, adding
some seven or eight hundred to Oregon's population.
The remainder of this chapter is devoted to giving the names of the officers and
men who volunteered and served in the Cayuse war (i) :
First Company, OREGON Rifles (See statement of J. H. jNIcIMillan in the Orcgonian,
April I, 18S6. Captain McMillan says : " The list is correct as memory serves me, when
we left Fort Vancouver, except McDonald and Callahan, who joined the company later"):
Captain, Henry A. G. Lee; First Lieutenant, Joseph Magone ; Second Lieutenant, John
E.Ross; Surgeon, W. W. Carpenter ; Orderly Sergeant, J. S. Rinear.son ; First Duty
Sergeant, J. H. McMillan ; Second Duty Sergeant, C. W\ Savage ; Third Duty Sergeant,
S. Cummings ; Fourth Duty Sergeant, William Berry ; Privates, John Little, Joel McKee,
J. W. Morgan, Joseph B. Proctor, Samuel K. Barlow, John Richardson, Ed. IMarsh,
George Moore, Isaac Walgamot, Jacob Johnson, John Lassater, Edward Robeson, B. B.
Rodgers, Shannon, A. J. Thomas, R. S. Tupper, O. Tupper, Joel Witchey, G. W.
Weston, George Wesley, John Flemming, John G. Gibson, Henry Leralley, Nathan Olney,
Barnes, J. H. Bosworth, Wm. Beekman, Benjamin Bratton, John Balton, Henry W.
Coe, John C. Danford, C. H. Derendorf, David Everst, John Finner, James Kester,
Pugh (killed by Indians near the Dalles in a skirmish), Jackson (killed in a skirmish
near the Dalles), John Callahan, Alex. McDonald (killed by a sentry, who mistook him
for an Indian at the camp on the east side of the Des Chutes). Forty-eight men.
Second Company: Captain, Lawrence Hall; First Lieutenant, H. D. O'Bryant ;
Second Lieutenant, John Engart ; Orderly Sergeant, William Sheldon; Duty Sergeants,
William Stokes, Peter S. Engart, Thos. R. Cornelius, Sherry Ross ; Color-bearer, Gilbert
Mondon ; Privates, A. Engart, Thos. Fleming, D. C. Smith, W. R. Noland, Jos. W. Scott,
G. W. Smith, .'\. Kinsey, John N. Donnie, A. C. Brown, F. H. Ramsey, S. A. Holconib,
A. Stewart, Wm. Milbern, A. Kennedy, Oliver Lowden, H. N. Stephens, P. G. Northup,
W. W. Walters, J. Z. Zachary, Sam Y. Cook, J. J. Garrish, Thos. Kinsey, J. S. Scoggin,
Noah Jobe, D. Shumake, J. N. Green, J. Elliot, W. Williams, John Holgate, R.
Yarborough, Robert Walker, J. Butler, I. W. Smith, J. W. Lingenfelter, J. H.
Lienberger, A. Lienberger, Sam Gethard, Jno. Lousingnot, A. Williams, D. Harper,
S. C. Cummings, S. Ferguson, Marshall Martin.
11) Revised by ILTncroft's " History of Oregon."
NAMES OF VOLUNTEERS WHO SERVED IN THE CAYUSE WAR. 287
Third Company: Captain, John W. Owen; First Lientenant, Nathaniel Bowman;
Second Lieutenant, Thomas Shaw ; Orderly Sergeant, J. C. Robison ; Duty Sergeants,
Benj. J. Burch ; J. H. Blankenship, James M. Morris, Robert Smith ; Privates, George W.
Adams, William Athey, John Baptiste, Manly Curry, Jesse Clayton, John Dinsmore,
Nathan English, John Fiester, Jesse Gay, Lester Hulan, Stephen Jenkins, J. Larkin,
Joshua McDonald, Thomas Pollock, J. H. Smith, S. P. Thornton, William Wilson,
Benjamin Allen, Ira Bowman, Currier, George Chapel, William Doke, Linnet,
T. Duiield, Squire Elembough, Henry Fuller, D. H. Hartley, Fleming R. Hill, James
Keller, D. M. McCumber, E. McDonald, Edward Robinson, Chris. Stemermon, Joseph
Wilbert, T. R. Zumwalt, Charles Zummord.
FourtJi Company: Captain, H. J. G. Maxon ; First Lieutenant, G. N. Gilbert ; Second
Lieutenant, Wm. P. Hughes ; Orderly Sergeant, Wm. R. Johnson ; Duty Sergeants, O.
S. Thomas, T. M. Buckner, Daniel Stewart, Joseph R. Ralston ; Privates, Andrew J.
Adams, John Beattie, Charles Blair, John R. Coatuey, Reuben Crowder, John W. Crowel,
Maul}' Danforth, Harvey Graus, Albert H. Fish, John Feat, Andrew Gribble, Wm.
Hawkins, Rufus Johnson, John W.Jackson, J. H. Loughlin, Davis Lator, John Miller,
John Patterson, Richard Pollard, Wm. Robison, Asa Stone, Thos. Allphin, Wm. Bunton,
Henry Blacker, Wm. Chapman, Samuel Chase, Sam Cornelius, James Dickson, S. D.
Earl, Joseph Earl, D. O. Garland, Richmond Hays, Goalnian Hubbard, Isaiah M. Johns, S.
B. Knox, James H. Lewis, Horace Martin, John McCoy, James Officer, Henry Pellet,
Wm. Russell, John Striethoff, A. M. Baxster, D. D. Burroughs, Samuel Clark, John IM.
Cautrel, Asi Cantrel, Albert G. Davis, S. D. Durbin, Samuel Fields, Rezin D. Foster,
Isaac j\I. Foster, Horace Hart, Wm. Hock, Wm. A. Jack, Elias Kearney, James
Killingworth, Isaac Morgan, N. G. McDonnell, Madison McCully, Frederick Paul, Wm.
M. Smith, H. M. Smith, Jason Wheeler, John Vaughn, Reuben Striethoff, Wm. Vaughn,
Wm. Shirley.
Fifth Company: Captain, Philip F. Thompson; First Lieutenant, James A. Brown;
Second Lieutenant, Joseph M. Garrison ; Orderly Sergeant, George E. Frazer ; Duty
Sergeants, A. Garrison, A. S. Welton, Jacob Greer, D. D. Dostins ; Privates, Martin P.
Brown, William A. Culberson, Harrison Davis, James Electrels, William Eads, Alvin K.
Fox, William J. Garrison, William Hailey, John A. Johnson, J. D. Richardson, Martin
Wright, W^illiam Smith, E. T. Stone, John Thompson, H. C. Johnson, Joseph Kenny,
Henry Kearney, Jacob Leabo, Daniel Matheuy, William McKay, John Orchard, John B.
Rowland, John Copenhagen, Bird Davis, John Eldridge, John Faron, C. B. Gray, Robert
Harmon, James O. Henderson, Green Rowland, William Rogers, Thomas Wilson,
William D. Stillwell, William Shepard, Alfred Jobe, T. J. Jackson, Jesse Cadwallader,
Andrew Layson, J. C. Matheny, Adam Matheny, Charles P. Matt, James Packwood, Clark
Rogers.
McKay's Company: Captain, Thomas McKay; First Lieutenant, Charles McKay;
Second Lieutenant, Alexander McKay ; Orderly Sergeant, Edward Dupuis ; Duty
Sergeants, George Montour, Baptiste Dorio, David Crawford, Gideon Pion ; Privates,
John Spence, Louis Laplaute, Augustine Russie, Isaac Gervais, Louis Montour, Alexis
Vatrais, Joseph Paino, Jno. Cunningham, Jno. Gros, Louis Joe Lenegratly, Antoine
Poisier, Antoine Plante, Pierre Lacourse, Ashby Pearce, Antoine Lafaste, Nathan English,
Charles Edwards, Gideon Gravelle, Chas. Corveniat, Antoine Bonanpaus, Nicholas Bird,
Francis Dupres, William Torrie, Thomas Purvis, A. J. Thomas, J. H. Bigler, Mongo
Antoine Ansure, Narcisse Montiznie, Edward Crete.
288 HISTORY OF PACIFIC. NORTHWEST — OREGON AND WASHINGTON.
EnglisJi's Company : Captain, Levin N. English ; First Lieutenant, William Shaw ;
Second Lieutenat, F. M. Munkers ; Orderl}' Sergeant, William Martin; Duty Sergeants,
Hiram English, George Shaw, Thomas Boggs, L- J. Rector ; Privates, Jackson Adams,
L. N. Abel, William Burton, Joseph Crank, John Downing, Thos. T. Eyre, R. D. Foster,
Alexander Gage, Thomas Gregory, G. W. Howell, Fales Howard, J. H. Lewis, N. G.
McDonald, James Officer, Joseph Pearson, Jackson Rowell, William Simmons, Lewis
Stewart, Charles Roth, Daniel Waldo, George Wesley, William Vaughn, L. N. English, Jr.,
Nineveh Ford, Albert Fish, A. Gribble, Samuel Senters, Thomas Wigger, Richard
Hays, Wesley Howell, Richard Jenkins, G. H. March, William Medway, J. R. Payne,
Benjamin Simpson, Alexander York.
Martin's Company: Captain, William Martin ; First Lieutenant, A. E. Garrison ;
Second Lieutenant, David Waldo ; Orderly Sergeant, Ludwell J. Rector ; Duty Sergeants,
William Cosper, Fales Howard, Joseph Sylvester, Benjamin Wright ; Privates, J. Albright,
H. Burdon, T. J. Blair, Joseph Borst, George Crabtree, Joseph Crauk, Wesley Cook,
Samuel Center, John Cox, John Eads, Parnel Fowler, S. M. Crover, John Kaiser, Clark S.
Pringle, Israel Wood, Lewis Stewart, Pleasant C. Kaiser, Thomas Canby, Sidney S. Ford,
William Melawers, A. N. Rainwater, B. F. Shaw, Wm. Waldo, Silas G. Pugh, G. H.
Vernon, Isaiah Matheny, Thomas T. Eyre, John C. Holgate.
Shaw's Company: Captain, William Shaw; First Lieutenant, David Crawford;
Second Lieutenant, Baptiste C. Dorio ; Orderly Sergeant, Absalom M. Smith ; Duty
Sergeants, George Laroque, Vatall Bergeren, George W. Shaw, Charles McKay ; Privates,
John H. Bigler, O. Crum, Joseph Despont, William Felix, Xavier Plante, Eli ViHell,
F. M. Mankis, Antonio Plante, Charles Edwards, Andrew Heeber, Xavier Gervais, David
Jones, John Pecares, Samuel Kinsey, Joseph Pearson, William Towie, Peter Jackson,
Alexander Laborain, William McMillen, B. F. Nichols, Hiram Smead, William Marill,
Francis Poiecor, George Westley.
Garrison's Company: Captain, J. M. Garrison ; First Lieutenant, A. E. Garrison ;
Second Lieutenant, John C. Herren ; Orderly Sergeant, J. B. Kaiser ; Duty Sergeants,
George Crabtree, George Laroque, Joseph Colester ; Privates, E. Biernaisse, Thomas R.
Blair, John C. Cox, Joseph Despart, Caleb M. Grover, Isaiah Matheny, John Picard,
William Philips, Henry Barden, Silas P. Pugh, Isaac Wood, Penel Fowler, Andrew
Hubert, Daniel Herren, Xavier Plante, Vitelle Bergeron.
►^
■t
D.KELLING,
WALLA WALLA, W T.
Chapter XXXIV.
(1846-184S.)
Oregon's Struggle iii Congress to Become a Territorial Government.
IT IS foreign to the legitimate purposes of this work, and equally unnecessary, to
establish the relative measure of service in promoting the establishment of the Oregon
territorial government rendered b}- the two so-called delegates from Oregon, both of whom
had reached Washington Cit}' within the month of May, 1848. The one, J. Quinn
Thornton, had been accredited by the executive of the Provisional government. The
other, Joseph L. Meek, with the less pretentious title of special messenger, had been
selected by the representatives of the people in their Legislative Assembly. The latter
carried the legislative prayer for consideration by the national government. It had been
made his special duty to invoke the attention of Congress, and the national Executive, to
the claims of the American settlers in Oregon ; to remind that government how much
had been done by those settlers in securing the sovereign rights of the Nation to its
Pacific possessions ; to ask only that the government would enter upon its first of duties
to assume control and exercise authority.
What Thornton's mission was, what he claims it to have been, or what he
accomplished, and how he acquitted himself in the performance of those herculean labors,
those complex and manifold self-imposed duties, are fully set out in numerous
autobiographic historic sketches of that delegateship (i).
The principal features of Meek's mission to Washington Cit}- have been graphically
preserved. The presence of both at the Federal seat of government did much to attract
the attention of the President, Congress and the Nation to Oregon Territory. Their
personal purposes having been somewhat adverse was perhaps a fortunate circumstance.
It has been suggested that its tendency was to defeat schemes of personal ambition or
aggrandizement, and that it aided in securing more disinterested service to the respective
constituencies of the two delegates.
On the 6tli of August, 1S46, President Polk, when communicating to Congress copies
of the settlement of the Oregon controversy by the Treat}' of Limits of June 15, 1846,
thus invoked congressional consideration of the territory :
" It now becomes important that provision should be made by law, at the earliest
practicable period, for the organization of a territorial government in Oregon. It is also
deemed proper that our laws regulating trade and intercourse with the Indian tribes east of
the Rocky Mountains should be extended to such tribes within our territory as dwell beyond
them, and that a suitable number of Indian agents should be appointed for the purpose of
carrying these laws into execution. It is likewise important that mail facilities for the
(l) Notably, Thornton's "History of California and Oregon." " History of the Provisional Governraent," by J. Quinn Thornton, in
"Transactions of Oregon Pioneers," 1874. Thornton-Victor Controversy, Oirgoniait. Thornton's Statement to S. A. Clarke. "Pioneer Days" in
Sunday Oregon uj n , etc., etc.
20 ( 289 )
290 HISTOi.Y OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
diffusion of information should be afforded to our citizens west of the Rock}- Mountains.
There is another subject to which I desire to call your special attention. It is of great
importance to our country generally, and especially to our navigating and whaling
interests, that the Pacific coast, and indeed the whole of our territor}' Avest of the Rocky
Mountains, should speedily be filled up b}' a hard}- and patriotic population. Emigrants
to that territory have many difficulties to encounter and privations to endure in their
long and perilous journey ; and, by the time they reach their place of destination, their
pecuniary means are generally much reduced, if not altogether exhausted. Under these
circumstances, it is deemed but an act of justice that these emigrants, whilst most
effectuall}' advancing the interest and polic}^ of the government, should be aided b}- liberal
grants of land. I would, therefore, recommend that such grants be made to actual settlers,
upon the terms and under the restrictions and limitations which Congress may think
advisable."
Upon the conclusion of the reading of the message, Stephen A. Douglas, chairman of
the Committee on Territories in the House of Representatives, obtained unanimous
consent to report from that committee a bill to establish the territorial government of
Oregon. The bill having been read twice by title was referred to the Committe of the
Whole. Amendments were made, one adding to section twelve, " and neither .slaver}' nor
involuntary servitude shall ever exist in said territory except for crime, whereof the party
shall have been duly convicted." Another extended the Indian laws over the territory.
Another created an Indian agency. The bill and amendments, being reported to the
House, were passed. The session closed without the Senate taking action upon the bill.
President Polk, December 8, 1846, in his annual message to Congress, at the session
following, thus urgently invited the attention of that body to the condition of affairs in
the territory of Oregon :
" It will be important, during your present session, to establish a territorial
government, and to extend the jurisdiction and laws of the United States over the
territory of Oregon. Our laws regulating trade and intercourse with the Indian tribes
east of the Rocky Mountains should be extended to the Pacific Ocean ; and for the
purpose of executing thera, and preserving friendly relations with the Indian tribes within
our limits, an additional number of Indian agencies will be recpiired, and should be
authorized by law. The establishment of custom-houses, and of postoffices, and post
roads, and provisions for the transportation of the mail on such routes as the public
convenience will suggest, require legislative authority. It will be proper, also, to establish
a surveyor-general's office in that territory, and to make the necessary provision for
surveying the public lands and bringing them into market. As our citizens who now
reside in that distant region have been subjected to many hardships, privations and
sacrifices in their emigration, and by their improvements have enhanced the value of the
public lands in the neighborhood of their settlements, it is recommended that liberal
grants be made to them of such portions of these lands as they may occupy, and that
similar grants or rights of pre-emption be made to all who may emigrate thither within a
limited period to be prescribed by law."
Stephen A. Douglas, chairman of the Committee on Territories, House of
Representatives, had (early in the session of 1846-7) introduced " A Bill t(i Establish
the Territorial Government of Oregon." He secured consideration of it by the House in
Committee of the Whole, on the nth of January, 1847. Upon that day, the larger part
of the discussion was upon the application of the anti-slavery provision of the ordinance
Oregon's struggle in congress to become a territory. 291
of 1787 (section twelve), and section five, which defined the qualifications of voters in the
territory. Without concluding the consideration b}- sections, the committee rose and
reported to the House the progress made. On the i6th of January, 1847, ^he House
again passed the Douglas bill. The Senate rejected the bill. It is enough to say that the
ordinance of 1787, reaffirmed in section twelve, was the all-sufficient explanation for its
failure ; for the dela}' of the American settler of Oregon to secure a recognition of liis
claims.
At the next session of Congress, President Polk, in his annual raes.sage, December
7, 1847, again urged the claims of Oregon to immediate consideration :
" The attention of Congress was invited, at their last and the preceding session, to the
importance of establishing a territorial government over our possessions in Oregon ; and
it is to be regretted that there was no legislation on the subject. Our citizens who inhabit
that distant region of country are still left without the protection of our laws, or any
regularl}' organized government. Before the question of limits and boundaries of the territory
of Oregon was definitely settled, from the necessity' of their condition, the inhabitants
had established a temporary government of their own. Besides the want of legal authority
for continuing such a government, it is wholly inadequate to protect them in their rights
of person and property, or of other citizens, to which they are entitled under the
Constitution of the United States. They should have the right of suffrage, be
represented in a territorial legislature, and by a delegate in Congress, and possess all
the rights and privileges which citizens of other portions of the territories of the United
States have heretofore enjoyed, or may now enjoy. Our judicial system, revenue laws,
laws regulating trade and intercourse with the Indian tribes, and the protection of our laws
generally, should be extended over them. In addition to the inhabitants in that territory
who had previously emigrated to it, large numbers of our citizens have followed them
during the present j-ear ; and it is not doubted that during the next and subsequent years
their numbers will be greatly increased.
" Congress, at its last session, established post routes leading to Oregon, and between
different points within that territory, and authorized the establishment of postofifices at
'Astoria and such other places on the coasts of the Pacific, within the territory of the
United States, as the public interests may require.' Postofifices have accordingly been
established, deputy postmasters appointed, and provision made for the transportation of the
mails. The preservation of peace with the Indian tribes residing west of the Rocky
Mountains will render it proper that authorit}- should be given by law for the appointment
of an adequate number of Indian agents to reside among them.
" I recommend that a surveyor-general's office be established in that territory, and that
the public lands be. surveyed and brought into market at an early period. I recommend
also, that grants upon liberal terms, of limited quantities of the public lands, be made to
all citizens of the United States who have emigrated or may hereafter within a prescribed
period emigrate to Oregon and settle upon them. These hard}' and adventurous citizens,
who have encountered the dangers and privations of a long and toilsome journey, and have
at length found an abiding place for themselves and their families upon the utmost verge
of our western limits, should be secured in the homes which they have improved by their
labor."
Stephen A. Douglas in the meantime had been transferred from the House of
Representatives to the United States Senate. As chairman of the Committee on
Territories of the latter body, on the loth of January, 1848, he introduced a bill for
292 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
establishing the territorial government of Oregon. He substitnted for section twelve of
the bill rejected by the Senate, which had provided that the anti-slavery- clause of the
ordinance of 1787 should be applicable to the territor}-, an express congressional
ratification of the Articles of Compact of the Provisional government, which embodied
that clause, and had been ratified b}' a vote of the people of Oregon, as part of their
fundamental law. The bill had been made the special order in the Senate for x-lpril 26th,
but it went over to give precedence to the California Claims Bill and the $3,000,000 loan.
On the 8th of Ma}-, the petition of the Oregon Provisional legislature, as to the Cayuse
war and other urgent matters, had reached the city of Washington. On the 29th, that
petition was formally presented in both houses of Congress, and made the reason for
special message by the President, in which he said :
" I lay before Congress the accompanj'ing memorial and papers, which have been
transmitted to me bv a special messenger, employed for that purpose by the Governor
and ' Legislative Assembl}' of Oregon Territory,' who constitute the temporary government
which the inhabitants of that distant region of our country have, from the necessity of
their condition, organized for themselves. The memorialists are citizens of the United
States.
" They express ardent attachment to their native land ; and, in their present perilous
and distressed situation, they earnestly invoke the aid and protection of their government.
They represent that ' the proud and powerful tribes of Indians ' residing in their vicinity
have recently raised ' the war-whoop and crimsoned their tomahawks in the blood of their
citizens ; ' that they apprehend that ' many of the powerful tribes inhabiting the upper
valley of the Columbia have formed an alliance for the purpose of carrying on hostilities
against their settlements ; ' that the number of the white population is far inferior to that
of the savages ; that they are deficient in arms and money, and fear that the}' do not
possess strength to repel ' the attack of so formidable a foe, and protect their families and
property from violence and rapine.' They conclude their appeal to the government of the
United States for relief by declaring: ' If it be at all the intention of our honored parent to
spread her guardian wing over her sons and daughters in Oregon, she surely will not refuse
to do it now, when they are struggling with all the ills of a weak and temporary government,
and when perils are daily thickening around them and preparing to burst upon their
heads. When the ensuing summer's sun shall have dispelled the snow from the
mountains, we shall look with glowing hope and restless anxiety for the coming of 3'our
laws and your arms.'
" In mj' message of the 5th of August, 1846, communicating "a copy of the convention
for the settlement and adjustment of the Oregon boundary,' I recommended to Congress
that ' provision should be made bv law at the earliest practicable period, for the organization
of a territorial government in Oregon.' "
" In my annual message of December, 1846, and again in December, 1847, this
recommendation was repeated. The population of Oregon is believed to exceed twehe
thousand souls ; and it is known that it will be increased b}- a large number of emigrants
during the present season. The facts set forth in the accompanying memorial and papers
show that the dangers to which our fellow citizens are exposed are so imminent, that I
deem it to be my duty again to impress on Congress the strong claim which the inhabitants of
that distant countr}' have to the benefit of our laws and the protection of our government.
" I therefore again invite the attention of Congress to the subject, and recommend
that laws be promptly passed establishing a territorial government, and granting authority
HON. SYLVESTER PENNOYER
PORTLAN D, OR .
HON. GEO L.WOODS.
PORTLAND, OR.
□ ANL H.LOWNSDALE, /
PORTLAND, OR.
HON. EDWARD MIRSGH,
SALEM. OR
COL.N.B KNIGMT,
SALEM, OR.
Oregon's struggle in congress to become a territorv. 293
to raise an adequate volunteer force for the defense and protection of its inhabitants. It
is believed that a regiment of mounted men, with such additional force as may be raised
in Oregon, will be sufificient to afford the required protection. It is recommended that the
force raised for this purpose should engage to serve for twelve months, unless sooner
discharged.
" No doubt is entertained, with proper inducements in land bounties, such a force can
be raised in a short time. Upon the expiration of their service, many of them will
doubtless desire to remain in the country', and settle upon the land which they may
receive as bounty. It is deemed important that provision be made for the appointment
of a suitable number of Indian agents to reside among the various tribes in Oregon, and
that appropriations be made to enable them to treat with these tribes, with a view to
restore and preserve peace between them and the white inhabitants.
" Should the laws recommended be promptly passed, the measures for their execution
may be completed during the present season, and before the severity of winter will
interpose obstacles in crossing the Rocky Mountains. If not promptly passed, a delay of
another year will be the consequence, and ma}' prove destructive to tlie white settlements
in Oregon."
Such was the attitude of Oregonian affairs at the national Capital ; such the
thorough knowledge of her needs, her claims, and as to the relief required ; such the
status of congressional legislation and animus towards the territory, and upon the vital
question of establishing a territorial government before and at the time of the arrival of
Messrs. Meek and Thornton. As the legislation which subsec^nently was consummated
differed in no material feature from the legislation theretofore proposed and pending, it is
safe to say that it was neither conceived nor molded b}- either of the two delegates.
In the House of Representatives (IMay 29th), Caleb B. Smith of Indiana, chairman
of the Committee on Territories, had asked the general consent of the House to make the
Oregon Territorial Government Bill the special order immediatel}' after the disposition of
the general appropriation bills. John A. McClernand of Indiana insisted on modif3nng
Mr. Smith's request by referring the bill at once to the Committee of the Whole, and
proceeding with its consideration till finally disposed of by the House.
A that stage the President's special message, accompanying the legislative memorial,
was received and read. Howell Cobb appealed to Mr. Smith to modify his motion so as to
secure immediate action. In the debate, it was i:rged that the protection demanded (the
immediate necessity for which existed) could better be secured by a separate bill, which
could be promptly passed ; that the territorial organization bill was not necessaril}'
connected with granting the relief, and could be subsequently matured. The Hoiise sent
the message, with the petition, to the Committee on Military Affairs.
In the Senate, June ist, in the absence of Senator Douglas, on motion of Jesse D.
Bright of Indiana, consideration of the bill was resumed to establish the territorial
government of Oregon. John P. Hale moved to insert a section engrafting upon the bill
the provisions of the ordinance of 1787. Senator Butler of South Carolina explained
that the opposition to the bill of last session arose from the intention to make it conform
to the Iowa laws. Senator Bright regretted the absence of Senator Douglas, and
explained that the bill was called up in consequence of the urgent condition of affairs in
Oregon, and in response to the President's special message. He asserted that the bill was
substantiall\- the same as the admission bills of Wisconsin and Iowa, except the twelftli
section, which somewhat varies : "The laws of Oregon now prohibit slavery; and these
294 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
laws will remain unless changed by legislative authorit}'." He deprecated Senator Hale's
amendment, because it would provoke discussion and dela}- tlie passage of the bill. He
was willing to accept a substitute for said twelfth section. To an interrogator}- of Senator
Westcott of Florida, Senator Bright conceded that the act of the Provisional government
of Oregon excluded slaver}-. Thereupon Senator Hale withdrew his amendment. The
question recurring on the motion of ]\Ir. Westcott to strike out section twelve. Senator
Bright, for the friends of the bill, consented that it should be stricken out. Thereupon
Senator Hale gave notice that he would, at the proper time, renew his amendment.
Senator John C. Calhoun said that striking out section twelve would not remove the
difficult}-. Three questions were involved: ist. The power of Congress to interfere with
persons emigrating with their property into the State ; ad. The power of the territorial
government to do so; 3d. The power of Congress to vest such power in this territory.
He, Mr. Calhoun, did not wish to delay the passage of the bill. But if the matter
introduced was to be gone into, it would be best to separate the military authority from the
residue, and act upon that only at present. Mr. Miller of New Jersey expressed surprise
at the assumption that the Oregon people had no right to prohibit slavery. He asked,
" from whence the authority to create slavery there ?" Daniel S. Dickinson said : " Strike
out section twelve and leave the territorial government to take care of itself."
Senator Bagby of Alabama wanted the twelfth section stricken out. " It was an eyesore ;
without it he would support the bill." He called the doctrine of Senator Dickinson
monstrous, and protested against " stirring up agitation in reference to a territory into
which it was generally admitted that slavery was not liable to enter." Senator Hale
interposed, saying " he had withdrawn his firebrand ; and this is a Southern firebrand now
thrown in." Bagby replied " that Hale intended to renew it. The Northern fire burns
more slowly than the Southern fire; and, w-henever the Senator from New Hampshire
desires to renew it, he has wind enough to kindle a flame." The Senator, continuing,
denounced " the new doctrine as to these ephemeral things called territorial governments,
by which any twenty thousand settlers on the public lands might set up a government,
and demand the right to enact their own laws. He contended that a power could not be
delegated to a creature which the creator did not possess. If, by inherent right, the people
could form a government, why do they come to Congress to ask the power? To what
extent could Congress confer power ? Not beyond the power vested in it b}- the
Constitution."
Henry S. Foote of Mississippi, having lectured Senator Bagby for discussing a
question that it had been the desire of Senators, by a mutual understanding, to avoid, then
turned his attention to Senator Hale. Mr. Foote was opposed " to the agitation of this
question at the present time, as it might enable an individual, to whom the Abolitionists
were attracted, to increase his popularity, and might also have the effect of exciting the
South so as to w-eaken the great party to which he was attached in that section of the
Union. There was a plan on foot to distract the South, which he would expose at a proper
time." The debate was continued by Senators Hale, Butler and Foote; and but little that
was said was germane to a legitimate consideration of the claims of Oregon.
On the next day, Senator Bright commenced the consideration of the bill by
withdrawing the motion to strike out section twelve. John M. Berrien of Georgia renewed
the motion, and called for the yeas and nays, which were ordered. Thereupon Senator
Westcott asked " if Senators understood the character and effect of the existing laws in
Oregon. He alluded to all the laws. We were about to sanction laws which have not yet
Oregon's struggle in congress to become a territory. 295
been submitted to us. There was among them a sumptuary law prohibiting the introduction
of any ardent spirits into the territory." (Mr. Hale : Good !) " The Senator from New
Hampshire says, ' good,' and he will probably vote for the bill. But he (Westcott) would
ask if the territorial government had a right to interfere with the United States system
of import duties ? The Provisional government of Oregon was merely an assemblage of
emigrants who first went there, of all nations and castes, and never was recognized as a
government while we held the territory in joint occupation with Great Britain."
Senator Turney of Tennessee favored striking out, when the motion had been made
by the Senator from Indiana, because he regarded its intention was to conciliate the North
and South. But that Senator had withdrawn it, and it was renewed by a Southern
Senator; so that it was intended, now, to make it a sectional question. This was a violation
of the common platform agreed upon by the Democratic party. He warned Senators who
advocated retaining the section of the dangers to which they subjected themselves by
withdrawing the motion to strike out. The party would be at sea, and there could be no
union between the North and South.
Senator George E. Badger of North Carolina briefly stated his reasons for voting, to
retain the twelfth section : " The settlers in Oregon, for the purpose of self-defense, had
established a Provisional government. Congress was now called upon to sanction the acts
of this Provisional government. Should this section be stricken out, the people of Oregon
will be left in a situation in which thej- will have no laws which can be carried into
execution. Months must elapse before the system now to be established can be made
effective. Temporar}' force must be given to the laws now existing, or they must be
abolished. The retention of the section was necessary to enable the people to obtain the
benefits of the existing laws. The inhabitants ought to have power to establish their own
municipal regulations. The restrictions in the Senate bill were amply sufficient to prevent
evil results." The debate had been continued on the slavery question, rather than upon
the bill, or section twelve, by Senators Rusk of Texas, Butler of South Carolina, Niles
of Connecticut and Downs of Louisiana, when Senator Sam Houston of Texas, for the
purpose of ending the discussion, moved to amend the section by inserting after the word
" act " in line nine, the words, " or in violation of any rights by the laws" or Constitution
of the United States vested in, or secured to, the citizens of the United States, or an}- of
them," so that the said section would read :
" Sec. 12. And be it further enacted, that the inhabitants of the said territory shall
be entitled to all the rights, privileges and immunities heretofore granted and secured to
the territory of Iowa and to its inhabitants. And the existing laws now in force in the
territory of Oregon, under the authority of the Provisional government established b}- the
people thereof, shall continue to be valid and operative therein, so far as the same be not
incompatible with the provisions of this act, or in violation of any rights by tlic laws
or Constitution of the United States vested in^ or secured to, the citizens of the United States,
or any of them ; subject, nevertheless, to be altered, modified or repealed by the Governor
and Legislative Assembly of the said territory of Oregon ; and the laws of the United
States are herebj' extended over, and declared to be in force in, said territory, so far as the
same, or anj- provision thereof, may be applicable."
The amendment having been agreed to, the question recurred on the motion to strike
out the section. A desultory debate followed by several Senators, and the Senate
adjourned without taking a vote. The consideration of the bill b}- the Senate, as in
Committee of the Whole, occupied the next day. The Senators taking part in the discussion
29G HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
were Jefferson Davis of Mississippi, Badger of North Carolina, Reverdy Johnson of
AIar3'land and Foote of Mississippi. Senator Davis offered the following amendment to
come in at the close of the bill : " Provided^ that nothing contained in this act shall be
so construed as to authorize the prohibition of domestic slavery in said territor}-, whilst it
remains in the condition of a territory of the United States."
Senator Hale remarked that he regarded the proper course to be pursued was to take
the question on the amendment that he had offered and withdrawn ; and he gave notice
that, when the bill came up, he should move the following amendment :
"Sec. i^. That the inhabitants of said territory shall be entitled to enjoy all and
singular the rights, privileges and advantages granted and secured to the people of
the territor}- of the United States northwest of the river Ohio, b}' the Articles of Compact
contained in the ordinance for the government of said territory on the 1 3tli day of July, 1 7S7,
and shall be subject to all the conditions and restrictions and prohibitions in said Articles
of Compact imposed upon the people of said territory ; and the existing laws now in force
in the territory of Oregon, under the authorit}- of the Provisional governmeut established
by the people thereof, shall continue to be valid and operative therein, so far as the same
be not incompatible with the principles and provisions of this act, subject, nevertheless, to
be altered, modified or repealed by the Governor and Legislative Assembly of the said
territory of Oregon ; and the laws of the United States are hereby extended over, and
declared to be in force in, said territory, so far as the same, or any provision thereof, may
be applicable."
On Monday, June 26th, the Senate resumed consideration of the bill, the pending
qiiestion being the amendment offered b}' Senator Davis. The Senate was addressed b}-
Senator Dix of New Yoi^k at length, who concluded his speech : " We are bound to
take a territory as we find it. If we find slavery there, we ought not to abolish it. If we
find that no slavery exists there, we ought not to introduce it so long as it continues in the
condition of a territory ; and we have no power over the regulation of the subject as soon as
the territory becomes a state."
That memorable debate, in which many distinguished Senators participated, in which
it appeared so manifest that the Senate desired to avoid the issue as made, continued from
day to day whenever the business permitted a consideration of the l)ill, until the 12th of
July. On that day Senator Clayton of Delaware, of the Committee on Territories, stated
that that committee was preparing a bill relative to the new territories (California and
New Mexico), but, as the committee consisted of but four members, they made but little
progress. He moved that the Oregon Territorial Government Bill be recommitted to a
special committee of eight members, to be appointed by ballot, four to be selected from the
North, and four from the South. He would go further, and add two from each part_y in the
South, and two from each part}- in the North. The proposition having been modified to
discharge the Committee on Territories from further consideration of "so much of the
President's message as relates to New Mexico, California and Oregon, and that the same
be referred to a Select Committee of eight," was adopted by a vote of thirty-one aj-es to
fourteen noes. The Select Senate Committee, chosen next day, consisted of Senator John
M. Clayton, Chairman, Senators Bright, Calhoun, Clarke of Rhode Island, Atchison of
Missouri, Phelps of \'ermont, Dickinson of New York, and Underwood of Kentucky.
On the i8th of July, Senator Clayton, from the Select Committee, reported a bill
containing twcnt}--seven sections for the organization of the three territories of Oregon,
California and New Mexico. In reporting the bill, Mr. Clayton explained its provisions :
SSS^v..
'^;^
HON L.iVl.RI NGER.
aLIVIOTA, W. T-
OREGON'S STRUGGLE IX CONGRESS TO BECOME A TERRITORY. 297
" This bill resolves the whole question between the North and vSouth into a
constitutional and judicial question. It only asks of men of all sections to stand by the
Constitution and suffer that to settle the difference by its own tranquil operation. If the
Constitution settles the question either way, let those who rail at the decision vent their
indignation against their ancestors who adopted it. We offer no bill to introduce slavery
by congressional enactment into any free territor}-. If, as the South contends, the
Constitution gives the right to carry their slaves there, they will maintain that right. If,
as the North contends, the Constitution confers no such right, they will vindicate their
claim. And Oregon will be at once organized as a territor}', with power to elect their
own legislature, a power which the committee think cannot now, with any proprietj^, be
conferred upon the population of the two other territories."
The bill was read a first and second time, and ordered to be printed. On motion of
Mr. Clayton, the Compromise Bill to establish territorial governments in Oregon,
California and New Mexico, was taken up by the Senate. Senator Clarke, one of the
committee, expressed his dissent to the bill. The discussion continued through several
days. On the 26th, the Senate continued its session until two o'clock a. m. of the
following morning, when the voting commenced upon the amendments. At seven
minutes before eight o'clock A. M. Thursday morning, July 27, 1S4S, after a session of
twenty-one hours, the amendments had all been disposed of, and the bill had passed the
Senate b}- a \'ote of thirty-three ayes, twentj'-two noes. The Senate then adjourned until
Frida}'. On the 2Sth of July, the Oregon bill was taken up in the House. It was a bill
which referred alone to Oregon. The Compromise-three-territorv Bill, which had passed
the Senate, had been reported to the House. That bod}' at once laid it on the table,
without any further proceeding; and that was the end of it, as it required a two-thirds
vote to secure its further consideration. The House then proceeded upon its own bill,
perfected it, passed it, and sent it to the Senate.
The discussion of the Oregon Territorial Bill had been commenced in the House on
the 28th of July. On the ensuing Monday ( Jul}- 31), the House resumed, and from day
to day continued consideration of the bill in Committee of the Whole. On the 2d of
August, the bill, and several amendments made in committee, were reported to the House.
The amendments having all been acted on, the bill passed under the operation of the
previous question, ayes one hundred and twenty-nine, noes sevent}'-one.
In the Senate, August 3d, the House bill to establish a territorial government for
Oregon was received, read a first and second time, and referred to the Committee on
Territories. On the 7th of August, on motion of Senator Douglas, the Senate proceeded
to the consideration of the bill to establish the territorial government of Oregon. The bill
being before the Senate as in Committee of the Whole, the several amendments reported
by the Committee on Territories were considered. The second amendment was to insert,
at the beginning of section fourteen, " inasmuch as the said territory is north of the
parallel of thirty-six degrees and thirty minutes of north latitude, usually known as the
Missouri Compromise." Senator Underwood moved to strike out the words " thirty-six
degrees and thirty minutes " and insert " forty-two," and to strike out the words " usually
known as the Missouri Compromise." This provoked an acrimonious debate. No vote
was taken that da}-. On the lOth of August, the Senate took up the bill, pending the
Underwood amendment. Daniel Webster addressed the Senate : " He admitted the
necessity and propriety of the establishment of a territorial government in Oregon, and he
was willing to vote for this bill as it came from the House. If amended as now proposed,
he would not be able to vote for it."
298 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Senator Butler contended that California and New Mexico should have been included
in the bill for territorial governments. He complained bitterly of the treatment, b}' the
House, of the Senate compromise measure, and avowed his opposition to the bill now
before the Senate. Senator Underwood withdrew his amendment, and the question
recurred on the committee amendment. The debate was continued b}- Senators Calhoun,
Mangum, Niles, Webster, Metcalfe, Johnson of Maryland, Berrien, Foote and Johnson of
Georgia. The Senate took a recess, and commenced its night session at 5.30 p. m. Mr.
Foote moved to lay the bill on the table, which motion was lost, a^-es fifteen, noes
thirt3'-six. A spirited debate continued until ten o'clock. The committee amendment
was then voted down, yeas two, nays fifty-two, on the understanding, however, that Mr.
Douglas was to offer an amendment including the Missouri Compromise. That amendment
passed, thirty-three to twenty-one. Senator Jefferson Davis moved to strike out the
enacting clause, and insert thereafter the Senate Compromise bill, providing for the
admission of the three territories. On the urgent appeal of Senators, he withdrew
the motion, the bill came to a vote, aud the Senate passed it as amended, thirt3'-three
ayes, twenty-two noes. The House of Representatives, on the nth, proceeded to the
consideration of the Senate amendments to the House bill. By decisive votes on each of
the Senate amendments, they were severally non-concurred in by the House.
On the 12th, in the Senate, Senator Douglas moved the appointmeut of a Committee
of Conference. Senator Benton moved that the Senate recede. Senator Mason of
Virginia moved to lay on the table the bill and the amendments. This was lost on a vote
by ayes and noes, eighteen to thirty-three. Senator Benton addressed the Senate at
length. The chair decided that Mr. Benton's motion took precedence of the motion for a
committee of conference. The debate continued. Senators Calhoun, Berrien, Westcott,
Downs, Bell, and Johnson of Georgia, discussed the bill till the hour of recess. At the
evening session, Daniel Webster spoke. Both the Johnsons, Houston, King, Dickinson,
Mason aud Phelps continued the debate till midnight. The controvers}- was warm, at
times exciting. There were dramatic scenes that night. The Senate refused to adjourn,
by a vote of eighteen to thirt3'-two. Then followed a still more exciting discussion,
running into Sunda}' morning at nine o'clock, which was closed by Senator Foote, who
had spoken quite frequently. It was on that memorable Sunda}' he declared " his ability
to speak two entire daj-s and nights without au}' great inconvenience to himself." The
question was then taken on Senator Benton's motion to recede. The recession upon each
amendment was voted separately. The amendment conferring the veto power upon the
governor was jnelded by a vote of thirty-one ayes, twent3'-three noes. The second
amendment of kindred purport was abandoned, without division.
The great contention, the embodiment of the Missouri Compromise, was receded from,
twent3'-nine a3'es, twenty-five noes. The bill then passed in the precise form it came from
the House, in the same language as approved b3^ the President. The President, upon
signing the bill, deemed it a proper occasion to give his reasons for such approval. That
message to Congress, even at this late date of so great an interest to ever3' student of the
histor3' of the nation at large, is surel3' worthy to hold a place in the annals of the region
which he so often, so generousl3' befriended. A few extracts will displa3' his patriotic
interest in the territor3' ; how read3^ he was to accord to it the protection demanded, and
his conscientious, conservative tendencies to prevent agitation of the slaver3- discussion :
" None doubt that it is proper to establish a government in Oregon ; indeed, it has
been too long dela3-ed. I have made repeated recommendations to Congress to this effect.
Oregon's struggle in congress to become a territory. 299
" The petitions of the people of that distant region have been presented to the
government, and onght not to be disregarded. To give to them a regularly organized
government and the protection of our laws, which as citizens of the United States they
claim, is a high dut}- on our part, and one which we are bound to perform, unless there be
controlling reasons to prevent it."
Nor was he to be swerved from his path b}- the agitation of the question as to whether
Oregon would become a slave or free State. He said :
" The territor}' of Oregon lies far north of thirty-six degrees, thirt}- minutes,
the Missouri and Texas compromise line. Its southern boundar}- is the parallel of
forty-two, leaving the intermediate distance to be three hundred and thirt}' geographical
miles. And it is because the provisions of this bill are not inconsistent with the terms of
the Missouri Compromise, if extended from the Rio Grande to the Pacific Ocean, that I
have not felt at liberty to withhold my sanction. Had it embraced territories south of that
compromise, the question presented for my consideration would have been of a far different
character ; and mj' action upon it must have corresponded with my convictions. Ought
we now to disturb the Missouri and Texas compromises ? Ought we, at this late day, in
attempting to annul what has been so long established and acquiesced in, to excite
sectional divisions and jealousies ? To alienate the people of different portions of the
Union from each other, and to endanger the existence of the Union itself? From the
adoption of the Federal Constitution, during a period of sixty years, our progress as a
nation has been without example in the annals of history. Under the protection of a
bountiful Providence, we have advanced with giant strides in the career of wealth and
prosperity. We have enjoyed the blessings of freedom to a greater extent than au}' other
people, ancient or modern, under a government which has preserved order, and secured to
every citizen life, liberty and property. We have now become an example for imitation
to the whole. The friends of freedom in every clime point with admiration to our
institutions."
All the territory of the United States west of the Rocky Mountains, north of
California (fort}'-two degrees), to the boundary line fixed by the treaty of June 15, 1846,
was free territory forever, erected into the territorial government of Oregon by Act of
Congress, approved August 14, 1848, entitled, " An Act to Establish the Territorial
Government of Oregon." In its domain was included all of the States of Oregon and
Washington, the whole of Idaho Territory, and so much of the State of Montana as lies
west of the Rocky Mountains.
Chapter XXXV.
(1848-1849.) •
The Last Days of the Provisional Goveriiinent — Tlie Discovery of Gold in California
— Ex<idus to the New Gold Fields — Coinage of Beaver Money — Last Session of
the Legislatnre <)f the Provisional Goverinnent — Projj^ress of American
Settlements on Puget Sound — Keturn of Delegates Thornton and 3Ieek —
Appointees to the Territorial Offices — The Provisional Government Superseded
by Governor Lane's Proclamation Announcing Organization of Territory.
•'"T^HE discover}- of gold in California materially affected the condition of affairs in
J. the American settlements of Oregon. It will not be disputed that that great event
attracted attention to the Pacific coast ; promoted Pacific settlements ; opened new avenues
of commerce ; materiall}- contributed to the wealth of the world ; revolutionized trade and
transposed its centers. It ma\', however, be gravel}- questioned whether the California gold
stampede of 1848-9 was not a most serious check to the health}- advancement of Oregon.
That notable exodus to the new gold fields depleted the little growing communities, which
were developing the resources of the country' and making comfortable homes ; and it may
be safely asserted that years of steady, sober advancement were required to recuperate.
James W. Marshall made that discovery. He had come to the Willamette valle}- in
the " Immigration of 1844," and that winter remained in Oregon. Next 3-ear he went
overland to California. He was a millwright by trade, and entered into a copartnership
with General John A. Sutter to erect a mill on the Coloma, a tributary of the American
river. In Januar}', 1848, Marshall was following the line of the tail race being-
constructed, inspecting the work, and observed what he believed to be small flakes of
gold. He then washed some dirt and secured a small quantit}- of dust. The next
morning he washed more dirt, and with his dust went to the fort, where his discovery was
full}' tested, and all were assured of the existence of gold in that region. The news of
Marshall's discovery had reached Oregon in the month of August. It was communicated
by a sailing vessel which had come to the Columbia river to load with supplies for San
P'rancisco.
P'or years immigration from the East ceased to come to Oregon, but turned off for
the California gold fields. Oregon contributed quite one-third of her male population, as
gold-seekers in the new El Dorado. The benefit that inured to Oregon was the finding of
a market for her products. Hitherto, sales of produce were confined to the few vessels
visiting the Columbia river; in fact, there was but little demand except for home consumption.
Now her citizens began to return from California with dust. Large amounts were received
in exchange for beef, bacon, butter, pork, grain, flour and vegetables.
The want of a market had been, from Oregon's earliest settlement, the drawback
to her progress and material wealth; and the greatest inconvenience to which her
( 3U0 )
HON. B.W.GRANDY,
LA GRANDE, OR.
1
COINAGE OF BEAVER MONEY. 301
merchants and their customers had been subjected was the absence of a circulating medium,
the absence of money, the absence of gold and silver. Gold dust had now become a
substitute for a circulating medium. True, it had a conventional rate per ounce, varj'ing
from eleven dollars to eighteen dollars, contingent upon fineness or pureness. Its value
was more or less subject to control bj' merchants ; loss was liable to be incurred in its being
transferred from hand to hand ; its form was an inconvenience to those who had to make
small purchases of necessaries. To remedj' this grievance, the legislature of the
Provisional government were petitioned to pass a law providing for " the assaying, melting
and coining of gold." The Constitution and laws of the United States had vested
exclusively in Congress authorit}' " to coin money ; " and it had been made a grave offense
for States, or private individuals, to violate this provision of fundamental law. But the
Provisional government of Oregon obeyed " necessity which knows no law." It authorized
the erection of a mint, the coinage of money, fixed its value, and appointed officers of the
Oregon mint. The abrogation of that government, by the establishment of the territorial
government, superseded that law ; and the coinage of the gold dust became a private
enterprise.
A large amount of gold was coined into pieces of five and ten dollars value, called
" Beaver Money," by an association of bankers who styled themselves the " Oregon
Exchange Company." Its members were W. H. Kilborn, Theophilus Magruder, James
Taylor, William H. Rector, Hamilton Campbell and Noyes Smith. On one side of the
five-dollar piece was a beaver surrounded above by the letters " K. M. T. A. W. R. C. S."
These letters were the initials of the associates in the enterprise. Mr. J. C. Campbell, in
a letter to Secretarj^ May, August 4, 1865, accompanyiag the deposit of Beaver Coin dies,
says : " The names of the parties that paid for the machinery, dies, etc., and who incurred
and lost the whole expenses of the transaction, were Kilborn, Magruder, Taylor, Rector,
Campbell and Smith. It will be observed that the eagle pieces contain only the initials
of the parties named. The letters "A" and " W " are on the half-eagles, representing
Abernethy and Willson." Beneath the beaver were the letters, " O. T. 1849." Upon
the reverse side of the coin were the words " Oregon Exchange Company, 130 G. Native
Gold, 5 D." The ten-dollar piece differed slightly in the legends. On the one side was
engraved the beaver surmounted by seven stars, over which were the letters " K. M. T.
R. C. S." Beneath the beaver, " O. T. 1849." On the reverse side were the words
" Oregon Exchange Company, 10 D. 20 G. Native Gold, 10 D." Mr. Campbell engraved
the dies. Mr. Rector supplied the stamps, dies, press and a rolling machine. The Beaver
money was quite abundant until the establishment of an United States mint at San
Francisco, when the presence of United States gold and silver coin rendered their use
unnecessary. As the Beaver money contained nearly ten per centum more gold than the
government coin, they soon went out of circulation; besides, the Ignited States mint at
San Francisco called them in, redeemed them, allowing their premium value.
The general stampede to California had left the legislature without a quorum at its
session in the fall of 184S. Governor Abernethy had called special elections to fill
vacancies, where resignations had been made. The legislature adjourned until the first
Monday in February, 1849. On the 5th of February, 1849, the legislature of the
Provisional government held its last session. Governor Abernethy in his message advised
that body, that information had been received of the appointment of the Federal officials
required by the Territorial Government Bill; that such officers were upon their wa}', and
might be shortl}' expected; that their business would consist chiefly in adjusting the
302 " HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
expenses of the Ca3-use war, of which he felt assured the United States would assume the
paj'ment. The}- would also be called upon to pass upon the amendments to the Organic
Law, which had been sanctioned by the popular vote, viz. : As to the prohibition and sale
of ardent spirits ; the oath of office ; and as to the appointing of clerks of courts of the several
counties, and recorders of land claims. The House passed the latter amendment ; but the
governor refused to approve it, giving as his reason that the United States laws would
regulate the taking and recording of land claims. The House, instead of adopting the
prohibition amendment, modiiied it by substituting "regulate" for "prohibit;" but
they also passed a law requiring that every person applj'ing for license to sell or
manufacture liquor take an oath not to sell, give or barter liquor to an Indian, fixing the
penalty for violation at five hundred dollars. The law prohibited the erection of distilleries
beyond the White settlements.
It will be remembered that, in 1845, ^ small part}- of American settlers, under the lead
of Colonel IM. T. Simmons, had located at the head of Puget Sound. Accessions to their
number had been made each year. In the administration of the Provisional government,
the progress of those little settlements has been incidentally referred to. Lewis county
was established by an Act of the House of Representatives, approved December 21, 1845,
to take effect after the June election of 1S46. It embraced all the territory lying between
the Columbia river and fifty-four degrees, forty minutes north latitude, west of the Cowlitz
river. At the June election, 1S46, Dr. William F. Tolmie, of Fort Nisqually, was elected
the first representative. The county continued of the limits defined in the act, until the
treaty of June 15, 1846, made forty-nine degrees the northern boundary of Oregon. This
county had become, in the spring of 1847, q^iite a factor in politics. Its vote determined
the election of Governor Abernethy. The other counties had given General Lovejoy 518,
Governor Abernethy 477. Lewis changed the result by giving sixty-one for Abernethy
and two for Lovejoy. At that election Simon Plemondon, of Cowlitz Prairie, was elected
representative. In July, a brick kiln was constructed on Cowlitz Prairie, where were
burnt the first bricks used north of the Columbia river. In August was formed the Puget
Sound Milling Company, which built a saw-mill at Tumwater.
In 1848, Thomas W. Glasgow located a dam, built a cabin, and planted wheat and
potatoes on Whidby's Island, opposite Port Townsend. Later in the season, a council of
the Sound tribes had been invited by Patkanim, chief of the Snoquahnie nation, to discuss
the propriety of resisting the further progress of American settlements. Patkanim urged
that soon the Americans would outnumber them, when they would transport the Indians
in large fire ships to a distant country, and then appropriate their lands. That at present
it would be an easy task for the Indians to exterminate them, and they would thereby
acquire a large amount of property. The Upper Sound Indians strenuously resisted any
hostile movement, and Snohodemtah, principal chief of the Indian bands about Tumwater,
was the champion for peace. This refusal of the Indians of the Upper Sound created
intense excitement, and nearly a conflict, upon the council ground. Glasgow and his
companion became alarmed, and, by the assistance of friendly Indians, reached Tumwater.
At the election this year, the last under the Provisional government, Antonio B.
Rabbeson was elected sheriff, and Levi Lathrop Smith, the original taker and proprietor
of the site of the town of Olympia, was elected to the legislatwe. On the 14th of June,
Rev. Pascal Recaid, with a small party of Oblat missionaries, established the mission of
St. Joseph on the east side of Budd's Inlet, about a mile north of the town of Olympia.
During the fall, the Puget Sound Agricultural Company conceived the design of asserting
RETURN OF DELEGATES THORNTON AND MEEK. 303
a claim, under the treaty of June 15, 1S46, to the immense tract called the Nisqually
claim. The agent of the company proposed to claim, also, land south of the Nisqually
river, and caused a large band of cattle to be driven across the river. A citizens' meeting
was held at New Market (Tumwater), and a committee appointed to wait upon Dr.
William F. Tolmie and remonstrate against such act. The committee presented to Dr.
Tolniie their resolutions and proceedings, demanding the removal of the stock to the north
side of Nisqually river. The demand was at once complied with. There seems to have
been some little feeling on the part of the settlers ; but the interview of the committee
with Dr. Tolmie was of the most peaceable character; and he made no objections to
carrying out the expressed wish of the citizens.
Upon the adjournment of Congress in August, 184S, soi-disant Delegate J. Quinn
Thornton embarked from New York for Oregon, in the Sylvie de Grasse^ where he arrived
in May, 1849. His companion, not colleague, was more fortunate in securing an
appointment under the newly created territorial government. Joseph L. Meek was the
first ITnited States Marshal for Oregon Territory. To General James Shields, of Illinois,
the President tendered the commission of governor, but he declined ; and the office was
conferred upon, and accepted by, General Joseph Lane of Indiana. Kintzing Pritchett, of
Penns3dvania, was appointed secretary of the territor}-. To the Supreme Bench were
commissioned William P. Bryant of Indiana, Chief Justice ; James Turne}' of Illinois, and
Peter H. Burnett of Oregon, Associate Justices ; and Isaac W. R. Bromley, of New York,
received the appointment of United States District Attorney, but declined. Astoria, under
the Organic Act, was declared the port of entry of the District of Oregon ; and General
John Adair of Kentucky was appointed Collector of Customs. Mr. Turney declined the
office of Associate Justice of the Supreme Court ; and the President appointed Orville C.
Pratt, a native of New York, residing in Illinois, but at that time in the service of the
government in California. He was the first of the corps of territorial appointees to reach
the territory (February, 1848).
Governor Lane and United States Marshal Meek, pursuant to instructions of the
President, immediately started for Oregon, zn'a San Francisco; but they did not reach
Oregon City until March 2, 1849. ^" the 3d of March, 1849, Governor Lane issued a
proclamation announcing his assumption of executive duties, and that the territory of
Oregon was duU' organized. Collector Adair reached the territor}' shortly afterwards
(March 30th). There were, in the month of March, present in the territor}-, the following
Federal officials: General Joseph Lane, Governor; Hon. Orville C. Pratt, Associate
Justice; Colonel Joseph L. Meek, Marshal; General John Adair, Collector of Customs.
The organized territorial government had now superseded the Provisional government,
— that government so emphatically " a government of the people, by the people and for
the people." In its every official act, with scrupulous care, it had avoided invading the
rights or offending the national prejudices of British subjects. In the language of its
memorial of June 28, 1844, " by treaty stipulations, the territory has become a kind of
neutral ground, in the occupancy of which the citizens of the United States and the
subjects of Great Britain have ecpial rights, and ought to have equal protection."
Founded upon such principles, the national prejudices of every citizen not only
tolerated, but deferred to, that government could not have been a failure. It was a grand
success. In peace, it commanded the support of all its citizens, without distinction of race
or nationality. Under its wise and judicious administration, its fruits were good order
and prosperity. In the shock of battle, it stood the test. Unaided, neglected and alone,
304 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
it declared and maiutained a successful war to redress the unprovoked wrongs, the
unparalleled outrages, its citizens had suffered. From its own resources, it levied
necessar}' troops, put them in the field, and there maintained them. Confided in by the
people, in the hour of danger they promptly responded to the call of their constituted
authorities. In the prosecutiou of the Cayuse war, the most historic feature of the
pioneer period, was full}- demonstrated the inherent strength of the Provisional
government, the unity of feeling it inspired, and its entire capability to meet the
requirements of the inhabitants of the territory in which it had exercised its functions.
J.A.RICHARDSON, MD.
SALEM, OR i
HON S. F. CHADWICK,
SALEM, OR.
. V?
^'
HON GEO. H.WILLIAMS,
PORTLAND, OR.
^
■4 '^r--'
HON. JOHN B.CONGLE,
PORT LAND, OR.
WM H.WATKINS.M.D
PORTLAND, OR
Chapter XXXVI.
(1849-1851.)
Census — Superiiiteiulent Lane Visits Columbia River Tribes — Attack by Snoqualmies
on Fort Kisqually — 3Iur(ler of Leander C. Wallace — Hostile Attitude of
Snoqualmies — White Settlers Build Blockhouses — Governor Lane Arrives at
Tnmwater — Judicial Districts Declared, and Judges Assigned — Sub Indian
Agents Thornton and Newell — Election of Samuel K. Thurston, Delegate to
Congress — Meeting of Legislature — Names of Counties Changed — Towns in
Oregon — Sub-Agent Thornton Visits Puget Sound — Reward for Wallace's
Murderers — Action Disapproved by Governor Lane — Thornton Resigns —
Trial and Execution of the Murderers — Arrival of Momited Rifle Regiment —
Deserters to California Gold Fields — Surrender, Trial and Execution of
Murderers of the Whitmans — Major John P. Gaines Aijpointed Governor —
Governor Lane Resigns, to Take Etfect June 18th, and Leaves for California
3Iines — Arrival of the United States Steamer Massachusetts — General Adair,
Collector of Customs, Astoria — Seizure of the British Ship "Albion" at New
Dungeness — Survey of Columbia River — Lieutenant McArthur — The Ship
"Albion" Condemned as a Forfeiture — Seizure and Release of the Schooner
"Cadboro" — Progress of Settlements on Puget Sound — Oysters Discovered at
Shoalwater Bay — United States Census, I80O.
AMONG the earliest acts of Governor Lane's administration was that directing a census
. to be taken. The population numbered 9,083, of whom 8,785 were citizens, and 298
foreigners. There were 5,410 males and 3,673 females. In the counties of Vancouver
and Lewis, embracing all of Oregon north of the Columbia river, the total population was
304, of whom 189 were citizens, and 115 foreigners; the males numbered 231, females 73.
The Organic Act constituted the governor ex-officio superintendent of Indian affairs.
In the latter capacity. Governor Lane immediately inaugurated an efficient Indian policy.
He made an official visit to The Dalles, on his way interviewing and counseling with the
chiefs and head-men of tribes and bands on both sides of the Columbia. The abandonment
of his designed journe}- further eastward was occasioned by advices received at The Dalles,
from Puget Sound, of the murder, on the ist of Ma}-, of Leander C. Wallace, an
American settler, by Snoqualmie Indians, in the attack made by them upon Fort
Nisqually. " About noon, a large armed part}' of Snoqualmies and Skewhamish arrived
and took up their position before the water-gate, where the}' had an affray with our people,
in which an American, Wallace, was killed, and Lewis slightly wounded. One of the
enemy was killed, and another wounded. The cause and commencement of the difficulty
are as follows: As the horn blew for dinner, a large part}' of Skewhamish and Snoqualmies
were reported to have arrived. Our working and other Indians immediately commenced
running into the fort, bringing with them their movables. When dinner was over, a
large party of Snoqualmies, to the number of about one hundred, were observed advancing
a ( 305 )
306 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
across the plain on the northwest side of the fort ; part went to Lahalet's (the Squall}-
chief) lodge, and the. others gathered around the water-gate, where they were soon after
rejoined by the others. On being asked the reason for making such a warlike
demonstration, they replied that young Lahalet, married to a daughter of one of their
petty chiefs, was treating his wife brutally, and they had come to see about it, and did not
come with the intention of harming any Whites. The chief, Patkanim, was then invited
into the fort ; to the others was given tobacco to smoke the pipe of peace, for which they
retired to one of the deserted lodges. We took the precaution of placing two armed men
(Thibeault and Gohome) at the gate, with orders to let none of them in. I also took
my gun and went about among our Indians, who were sweeping out the fort. I had just
taken a turn around them when I heard a shot. I repaired to the gate, and found that it
had been fired by Gohome in jest. I reproved him for so doing. Soon after I arrived
at the gate, four or five of the worst Snoqualmies came rushing to the gate. One of their
number, Cussass, rudel}' pushed Gohome into the fort. I demanded wh}- he did that, and
told him to keep quiet. He answered only with insolence. I then put him out, upon
which he cocked his gun and drew his dagger, making two or three thrusts at me. Wren,
standing a piece off, was called in. I then directed that the gate be closed ; but, finding
Wren shut out, it was again opened. Wren, upon entering, seized one of their guns;
whereupon a scuffle ensued, and the gun falling between the door and post, prevented
closing it. I observed Cussass pointing his gun at me. I presented mine, and, as I
thought, fired first; but it is maintained by friendly Indians outside that one of the
Snoqualmies (Ouallawowt), provoked by a blow given by Wren, with the butt end of a
gun, to one of their chiefs, fired at him (Wren), but missing him, my shot followed. A
good man}' shots followed, and the gate closed. We then took to the bastions ; but our
people taking time to get armed, by the time they were at their stations the enemy were
out of shot, running across the plains to their canoes. Patkanim, who was in the fort at
the commencement of the row, escaped after the closing of the gate, unperceived b}- our
people, young Lahalet (Wyamoch) showing him the way. Wallace and Lewis were
outside when the afi"ray commenced, and did not respond to the call of ' all hands come in
and shut the gate.' They perhaps thought themselves secure from harm, as they were
Americans, and did not belong to the fort. Cussass is said to have shot poor Wallace.
Lewis had a wonderfully narrow escape ; one ball went through his vest and trousers, and
another grazed his left arm. S'Geass, an Indian, was wounded in the neck, and a
medicine-man (a Skewhamish) was killed; also, a Snoqualmie was wounded in the
shoulder. .We do not suppose that the war party came here with the intent of attacking
us, but think they had some other object in view besides the affair with Lahalet. One
circumstance proves that they thought -lightly of quarreling with the Whites. When
tobacco was handed to them, Quallawowt asked if it was not poisoned ; and none of the
Indians would touch it until some one had previousl}' smoked and chewed it. The
Snoqualmies and Skewhamish are the terror of all tribes south of the Soquamish " (i).
There was but little doubt that the intention of the Snoqualmies was to capture Fort
Nisquall3^ If that scheme had succeeded, it was to have been followed by a massacre of
the Whites upon the Sound. Patkanim believed that the prestige which such an exploit
would have secured to him would unite all the Sound Indians in an effort to exterminate
the settlers. Although the attack failed, the Indians believed that the}- had provoked the
enmity of the Whites. Committed therefore to war, and too far advanced to recede from
^l) Journal of Fort Nisqually, kept by Walter Ross, Clerk.
JUDICIAL DISTRICTS DECLARED, AND JUDGES ASSIGNED. 307
their assumed hostile attitude, they notified the Aniericau settlers to leave the country,
consenting that they could do this peaceably, provided they left their property. The
settlers, construing these messages as declarations of savage hostility, prepared for defense.
Blockhouses were built at Tumwater and Cowlitz, into which the settlers and their
families sought refuge ; then they notified Governor Lane of the situation.
With an escort of five soldiers, commanded by Lieutenant Hawkins, Mounted Rifle
Regiment, the governor immediately visited Tumwater, bringing a supply of arras and
ammunition. Before going farther, he learned of the arrival of the U. S. transport
Massac/iiisrt/s^ with two companies of artillery, under Major Hathaway, U. S. Army.
That officer offered to move a compau}' immediately to Puget Sound. Governor Lane
returned to the Columbia river. He addressed a communication to Dr. W. F. Tolmie, in
charge of Fort Nisqually, requesting his co-operation. That gentleman was requested to
notify the Snoqualmies of the arrival of troops in sufficient numbers to punish the hostiles
for their past misdeeds, and also to warn them that, upon the commission of further
outrages, they would be severely chastised. The officers of the Hudson's Bay Company
at Fort Nisqually were also requested not to sell to Indians arms or ammunition. In
July, Company M, First Artillery Regiment, U. S. Army, Captain Bennett H. Hill, was
stationed at Fort Steilacoom.
On the 15th of May, the territory was divided by Governor Lane into three judicial
districts; and the Judges of the Supreme Court of the t-erritory were respectively assigned.
The first district embraced Vancouver county and adjacent counties south of the Columbia
river, to which Hon. Wm. P. Bryant, Chief Justice, was assigned. The second district,
all other counties south of the Columbia river ; and to it was assigned Hon. Orville C.
Pratt, Associate Justice. All of Oregon, north of the Columbia river, except Vancouver
county, that is to say, Lewis county as then defined, formed the third judicial district.
As Hon. Peter H. Burnett, appointed Associate Justice, had never qualified, and no
successor had been appointed, there was no assignment of a judge to hold the district
courts in the third district.
In the meantime, the commissions of Robert Newell, George C. Preston and J. Quinn
Thornton, appointed United States Sub Indian Agents for Oregon Territorj-, had been
received by the Superintendent of Indian affairs. Mr. Preston did not accept. As there
remained but two sub-agents. Superintendent Lane divided the territory by the Columbia
river into a northern and southern district, assigning charge of the northern district to
J. Quinn Thornton.
The election for delegate to Congress, and for the first Legislative Assembly, took
place on the 6th of June. Of 943 votes polled for delegate, Samuel R. Thurston received
470, and was elected. On the i6th of July, the first territorial Legislative Assembly
convened at Oregon City. Governor Lane's message was a practical document abounding
in valuable suggestions, summing up the needs of the territory as proper subjects for
memorials to Congress. Referring to those Cayuse Indians who were yet unpunished for
the Whitman massacre and the murderers still at large, protected by tribes, he assured the
assembly that chastisement should speedily follow their refusal to surrender the murderers,
upon the arrival of the Mounted Rifle Regiment then en route to Oregon. Reference was
also made to the murder of Wallace at Fort Nisqually ; and to the demand upon the
Snoqualmies to deliver the murderers for trial, assuring the Assembly that the tribe
should be held responsible upon their refusal to surrender the guilty savages.
308 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The legislature changed the names of several counties. Vancouver count}' became
Clark, in honor of one of the leaders of the first overland exploration to the mouth of the
Columbia river; Champoeg became Marion; the name Washington was substituted for
Tualitan. An election law was passed, under which necessar}- county officers could be
secured. The legislature fixed an early election day; and then and there the counties
became thoroughl}^ organized. The consummation and completion of territorial
organization was effected.
The towns of Oregon were all within the Willamette valley; at the time that the
territorial government entered upon its career, there were a number of aspiring little
communities rejoicing in a name, more or less endeared by associations to the earl}'
settlers. Prominent among them were^ Astoria, St. Helens, Millton, Portland, Milwaukee,
Oregon City, Champoeg, Lafayette, Albany, Corvallis (then called Marysville), Hillsboro
and Salem. Milwaukee was the rival of Portland, the latter of which has since become
the metropolis of that whole region, — the historic Oregon, — in fact, of Northwest
America. How full of interest would prove the tracing of the trials and struggles of each
community for prestige and precedence, so illustrative of the aspirations, the ambitions,
the vicissitudes of pioneer life.
On the last of July, Sub-Agent Thornton visited Puget Sound, and was occupied several
weeks in collecting data as to the Sound tribes, which he embodied in a report to
Superintendent Lane. Some Indians were visited and some presents made; but most of the
information acquired was contributed b}? Dr. Tolmie, Agent of the Hudson's Bay Company,
in charge at Nisqually. Thornton's acts in regard to the surrender of the murderers he
thus detailed in a report to Superintendent Lane : " On the 7th ult., I arrived at Fort
Nisqually. I immediately proceeded to investigate the facts connected with the killing of
Mr. Wallace. I sent messengers to Patkanim, head chief of the Snoqualmie tribe. I
advised him to arrest the offenders and deliver them over to Captain B. H. Hill, and as aji
inducement offered him eighty blankets as a reward, if this were done in three weeks. I
authorized Captain Hill, of the First Artillery, to double the reward, and to offer it in my
name, as sub-agent, if the murderers were not delivered up in the three weeks."
That action of Sub-agent Thornton was most distasteful to Governor Lane. It was
not only an unauthorized assumption of authority, but an interference, at direct variance
with the plan Governor Lane had resolved to pursue. That official thus commented in his
report to the Indian Bureau : " In my instructions to Mr. Thornton, I said nothing about
the murder of Wallace, nor did I intend that he should interfere in the premises, as it was
my intention, on the arrival of the troops at Nisqually, to visit the Sound and demand
the murderers, and make the Indians know that they should give them up for punishment,
and that hereafter all outrages should be promptl}- punished, being well satisfied that there
is no mode of treatment so appropriate as prompt and severe punishment for wrong-doing.
It is bad policy, under any consideration, to hire them to make reparation, for the reasons,
to wit : First. It holds out inducements to the Indians for the commission of murder, b}-
way of speculation; for instance, they would murder some American, await the offering of
a large reward for the apprehension of the mui^derers; this done, they would deliver up
some of their slaves as the guilt}-, for whom they would receive ten times the amount that
they would otherwise get for them. Second. It has a tendency to make them underrate our
ability and inclination to chastise by force, or make war upon them for such conduct,
which, in my opinion, is the only proper method for treating them for such offenses." The
disagreement between superintendent and sub-agent led to the resignation of the latter.
■J: >i- a !
S-
HIRAM SMITH,
PORTLAND, OR
TRIAL AND EXECUTION OF WALLACE'S MURDERERS. 309
Dr. Robert Newell went to the California gold mines; and Governor Lane was left to
manage alone the Indian affairs of Oregon. Sub-Agent Thornton's reward had
accomplished the surrender b}' the tribes to Captain Hill at Steilacoom of six Snoqualmie
Indians. He held them as prisoners for trial.
As before stated, there was no judge to hold courts in Lewis county, within which
was Nisqually, where the murder of Wallace had been committed, and the district in
which the murderers must be tried. To obviate this difficulty, the legislature, then in
session, at the request of Governor Lane, passed a special act providing for a term of court
at Fort Steilacoom, in Lewis county. That county was attached to the first district for
such purpose; and Chief Jiistice Bryant was empowered to hold a term of court at Fort
Steilacoom on the first Monday of October. The report of that first trial at the first
court held upon Puget Sound was furnished by Bryant, Chief Justice, to Governor Lane:
"In pursuance of the provisions of an act of the Legislative Assembly for the territory
of Oregon, attaching the count}- of Lewis to the first judicial district in said territory,
and appointing the first Monday in October at Steilacoom as the pljice of holding the
District Court of the United States for said county, I opened and held said court at
the time and place appointed. Captain B. H. Hill, of the First Artillery, U. S. Army,
delivered to the marshal of the territory six Indians of the Snoqualmie tribe, given up
by said tribe as the murderers of Wallace, namely, Cussass, Quallawowt, Stulharrier,
Tatam, Wh3-erk and Qualthlinkyne, all of whom were indicted for murder. The two
first named, Cussass and Quallawowt, were convicted and executed. The other four
were found not guilt}- b}- the jur}-. Those who were found guilty were clearly so. As
to three of the others who were acquitted, I was satisfied with the finding of the jur}-.
It was quite evident that they were guilty in a less degree (if guilty at all). As to the
fourth, there was no evidence against him; all the witnesses swore they did not see him
during the affray or attack on Fort Nisqually.
" It is not improbable that he was a slave whom the guilty chiefs expected to place
in their stead, as a satisfaction for the American murdered. Two others, Americans,
were badly wounded by shots, and an Indian child, who afterwards died. The effect
produced by this trial was salutary, and I have no doubt will long be remembered by
the tribe. The whole tribe, I would judge, were present at the execution, besides a vast
gathering of Indians from other tribes on the Sound. They were made to understand
that our laws would punish them promptly for every murder committed, and that we
would accept no satisfaction short of all who acted in the murder of our citizens.
" I appointed Judge Alonzo A. Skinner District Attorney for the time, and ordered
that he be allowed for his services $250. And I also appointed, to defend them, David
Stone, Esq., and made an allowance of record to" him for $250. This compensation I
deemed reasonable. They have to travel two hundred miles from their respective homes,
camp in the woods, as well as all the rest of us, and endure a great deal of fatigue in
the manner of traveling in bateaux and canoes by water. Many of the grand and petit
jurors were summoned at a distance of two hundred miles from their homes; and although
the transportation may have cost some more to the department than bringing the Indians
into the more settled district, and with them the witnesses, with a sufficient escort for
protection (which I doubt very much), yet I have no hesitation in believing that the
policy pursued more than repaid any additional expense that may have been incurred."
The total expense of holding court to try those Indians was $1,899.54, to which
should be added the reward of eighty blankets, making a total of $2,379.54.
310 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
An Act of Congress was passed May 19, 1S46, to raise a monnted rifle regiment, for
the purpose of establishing posts on the emigrant road to Oregon. The regiment was
not raised until the spring of 1S47, ^"^ then was ordered to IVIexico. Greatl}- reduced
in numbers while in that country, it was recruited in the spring of 1849, and ordered
to Oregon. On the route, Fort Laramie had been established and garrisoned by two
companies. At Cantonment Loring, located on Snake river about three miles above Fort
Hall, one company had been stationed. The remaining companies, upon reaching Fort
Vancouverf not finding sufficient quarters, marched to Oregon City, making that place
their headquarters until the summer of 1S50, when barracks at Fort Vancouver had been
provided. Colonel W. W. Loring was in command. Troops were also stationed at
Astoria, Fort Vancouver and Fort Steilacoom.
In the spring of 1850, desertions for the California gold mines greatl}' reduced the
number of the regiment. So great had this evil become, that Colonel Loring was
powerless to detail necessary parties to overtake and bring back deserters. He appealed
to Governor Lane, who raised a party of volunteers, and with them followed and overtook
a large number of deserters at the Rogue river and brought them back to Oregon Cit}-.
Colonel Loring with a party captured others. The remainder escaped into California.
Since the governor's assumption of the duties of superintendent of Lidian affairs,
negotiations had been continuously carried on with tribes in the interior for peaceable
surrender to the Oregon authorities for trial of the Cayuse murderers of Dr. Whitman
and others at Waiilatpu. Early in May, news was received b}- Governor Lane that those
savages would be surrendered at The Dalles. Telau-ka-ikt, Tamahos, Giaashetucteas,
Clokomas and Kiamasumkin were delivered and brought to Oregon Cit}' for trial. The
May term of the District Court for Clackamas county was in session. Hon. Orville C.
Pratt was presiding Judge. Aniory Holbrook (i), United States Attorney for Oregon
Territory, conducted the prosecution. Lidictments charging them with murder were
found against the pri.soners, and filed May 21st. F. W. Pettygrove was foreman of the
Grand Jury. The Lidians were ably represented and zealouslj' defended by Secretary
Pritchett, U. S. Paymaster R. B. Reynolds, and Captain Claiborne of the Mounted Rifles.
On the 22d, the defendants filed a plea to the jurisdiction of the court, contending that,
at the time of the alleged commission of the crime, the laws of the United States had not
been extended over the territory; and that consequent!}- the court had no jurisdiction of
the crime charged. The plea was overruled. The trial proceeded on the 23d. It was
with great difficulty that a jury was impaneled. The testimony of the inmates of
Waiilatpu who had survived the horrid butchery conclnsivel^' fixed the guilt upon each
of the accused. Sticcas, a witness for the defense, told how he had warned Dr. Whitman,
and also Mr. Spalding, of the growing hostility of the Cayuse Indians. The Rev. Mr.
Spalding was called by the defense to corroborate Sticcas; he admitted that he had
himself received such warning. Dr. John McLoughlin and Osborn (one of the sojourners
at Dr. Whitman's, who had testified for the prosecution) each gave testimony tending to
show that Dr. Whitman had been fully advised of the temper of the savages, and was
well aware of the danger which surrounded him and his household. Presumably such
evidence must have been intended to show that he did not avoid the impending storm,
(I) Amory ITolbrook liad been appointed in the tall of 1^49 as United Slates Attorney for Oregon Territory. In the month of December ol
that year he left his former home in Massachnsetts for the territory, via the Isthmus of'l'anama. He reached Oregon City early in May. 1S50.
This'distinguished jurist, brilliant orator, able writer and ripe scfioUir was born in Rowley, Mas.s.. August 15, 1S20. He gVaduated at Bowdoin
College in tile class of 1S41 ; studied law with Ruins Clioate. to whom he was related ; comineliced the practice of law in 1S45. at Salem, Mass., in
partnership with Judge Perkins, and soon took a prominent position at the bar of his native state. In Oregon his many admirers will hold hinl
in memory as a lawyer, editor, politician, the zealous Masonic writer and ritualist, and the fearless and independent expounder of his convictious.
He died iu the city of Portland, after a brief illness, on the 26th of September, 1866.
MAJOR JOHN P. GAINES APPOINTED GOVERNOR. 311
which he might have done, or that he defianth- invited his doom ; that measurably such
failure on the Doctor's part to abandon his home and desert his post excused the perfidious
wretches who sla3-ed those innocents. It would seem, however, that the intention to kill
must have been formed and talked of by those conspirators before the knowledge of
danger could have been inferred, so as to justify its communication to Dr. Whitman or
Mr. Spalding. Hence, the execution of tho.se threats which had made the warning
necessary was but the damning proof of long-continued and brooding malice and hostilit}'
to the presence of Americans at that station. Testimony- was also offered to shoAv the
Indian theory as to medicine-men, — a sort of irresistible mania that inspires its possessor
to murder one of that class who has lost a patient; but Judge Pratt denied its admissibility
or relevanc}'. As to acts at Waiilatpu mission station during that memorable massacre,
the defense offered but little testimony. The jury returned a verdict of guiltv' ; the
prisoners were sentenced to be hanged ou the 3d of June. All except Kiamasumkin
confessed actual participanc\- in the murder. He too admitted his presence, but denied
striking a blow, or the actual commission of any deed which could result in killing.
The signing by Governor Joseph Lane of the death-warrant of the Cayuse murderers
of the inmates of Whitman mission was practically the closing executive act, at the seat
of government, of his patriotic administration. The news had reached Oregon in April,
that Major John P. Gaines of Kentucky had been appointed in October, 1849, as successor
of Governor Lane. The arrival of Governor Gaines was daily expected. On the 27th of
May, Governor Lane advised the Secretary of War, by letter of resignation, that he had
made arrangements for concluding a treat}- with the Indians of the Rogue river valley,
which would occupy till the iSth of June, which date he had fixed in such letter as the
termination of his official duties. The treaty with the Rogue river tribes having been
signed, Governor Lane left Oregon and went to the California mines (i).
By orders of the War and Navy Departments of the United States (November 30,
1848), Brevet Colonel J. L- Smith, Alajor Cornelius A. Ogdeu, and Lieutenant Danville
Leadbetter, Engineer Corps, U. S. Army, and Commanders Louis M. Goldsborough, G. J.
Van Brunt and Lieutenant Simon F. Blunt, U. S. Navy, had been constituted a
commission "to examine the coast of the United States lying upon the Pacific Ocean,
with reference to points of occupation for the securit\- of trade and commerce, and for
military and naval purposes."
In the spring of 1850, the U. S. steamer Massac/niscl/s arrived in Puget Sound,
remaining several months engaged in its thorough examination. The commission then
examined the coast from Cape Flattery to the Columbia river. A party was employed in
Shoalwater Bay; and the name Leadbetter's Point, the south cape of entrance, will continue
a memorial of that thorough reconnaissance.
General John Adair, Collector of Customs, had arrived at Astoria b}' sea in April,
1849. By the Organic Act, the President had been authorized to locate two ports of
delivery. This was done by proclamation, Januar}^ 10, 1850, designating Nisqually and
Portland. Information was lodged at the custom-house at Astoria, in April, 1850, that
the British ship Albion was at Dungeness, on the Strait of Fuca, taking a cargo of spars,
which were being felled on the neighboring shore by her crew and native Indians. In
addition to this trespass on government lands, it was charged that a trade was being carried
(1) It must doubtless have been observed, that in previous pages, as will also mark the remainder of the labor assigned to me. I have
studiouslv avoided crossing the Catapooia iMountains and entering Southern Oregon. The company projecting this historic enterprise wisely
committed that field exclusively to my learned friend Judge L. K. Mosher To the seeker after knowledge of the histor>' of Southern Oregon, the
part of the work dedicated to that field contributed bv Hon. L. F. Mosher is heartily commended. E. E.
312 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
on between the ship and natives. Eben May Dorr was appointed United States Inspector,
and sent to the Sound. Finding matters as reported, and that the}- had continued since
January 5, 1850, he, with the assistance of a detachment of United States troops from
Fort Stailacoom, commanded b}- Lieutenant John B. Gibson, Jr., seized the Albion and her
cargo on the 22d of April, and took her to Steilacoom. This seizure became a subject of
negotiation between the governments of Great Britain and the Ignited States. The owner
of the Albion, a London merchant, had contracted with the British government to supply
a cargo of spars, to be obtained on the northwest coast of America. The master, Captain
Henderwell, stated that his vessel proceeded direct from Sydney to the Strait of Fuca,
anchoring at New Dungeness, Januarj^ 5, 1850, after having " previously traversed the
coast and into every place between said New Dungeness and the top of Port Townsend."
The master made no attempt to enter his vessel, nor to obtain consent to cut timber.
In his protest, he avowed ignorance that a port of entry existed in the terrritor}-. The
following is quoted from the instructions to the master, dated IMarch 23, 1849:
" We have got permission from the Hudson's Bay Company to cut timber on auj'
part of Vancouver Island. On the south side of the strait is Port Discover}-, a very good
harbor, and I believe plent}^ of spars, that note belong to the Americans ; and, if they are
the best spars, I have authorized Captain Brotchie to arrange and purchase forest suitable
for 3^our purpose, provided he can purchase it very cheap. I mean on the American side
of the strait."
Lieutenant \V. P. AIcArthur, L''^. S. Navy, in command of the United States surveying
schooner Fi^'ing, during the spring and summer made a survey- and chart of the Columbia
river bar and harbor, extending his survey as far inland as Cathlamet. At the request of
General Adair, collector at Astoria, Lieutenant McArthur accompanied that officer to
Puget Sound to take charge of the seized ship Albion and bring her to the Columbia
river (i). Insufficient crew and heav}- winds caused Lieutenant McArthur (having
brought her from Steilacoom to the strait), to return with her to Steilacoom, where she
remained in charge of the garrison until adjudged a forfeiture b}' the District Court of
the Third Judicial District of Oregon ( 2 ) .
About the same time that the Albion had arrived at Steilacoom (May, 1850), Mr.
Dorr seized the Hudson's Bay Compan3''s schooner Cadboro, together with a quantity of
goods imported from Fort Victoria direct to Nisquall}'. Governor Peter Skeen Ogden, in
charge of Fort Vancouver, having given notice that an arrangement was desirable bj'
which that vessel could go direct from \'ictoria to Nisqually instead of entering at
the Columbia river, General Adair permitted entry to be made by the original invoices.
During this year, settlements on Puget Sound and north of the Columbia river were
considerabl}' extended ; and there was a large increase of population in northern Oregon.
Edmund Sylvester laid off and dedicated the Smithfleld claim as a town, nominating it
Olympia. The beautiful snowcapped mountains of the Ol3-mpic or Coast Range, which
constitute the background of glorious scenery-, enjoyed upon every clear da}-, looking
northward from Olympia, prompted that classic name to Charles Hart Smith (a partner of
Colonel Simmons), by whom it was suggested.
In July, the Bradfords, Bishop, Johnsons and F. A. Chenoweth located at the upper
and lower cascades of the Columbia, establishing a town at the latter place, where a store
was early opened by Messrs. George L. and George W. Johnson, T. B. Pierce and F. A.
Chenoweth.
(i) Letter of General John Adair to Captain Jas. S. Lawson, U. S. Coast Survey, May 20, 1880.
(2) At the October term of the United States District Court, 1850, held at Vancouver, in Clark county, Hon. William Strong presiding, the ship
and carjio were condemned as forfeitures to the United States, and sold at Steilacoom, November 23d. The Secretary of the Treasury, January 11,
1851, remitted the forfeitures.
, .lif"
MRS. HANNAH M.SMITH.
PORTLAND, OR.
OYSTERS DISCOVERED AT SHOALWATER HAY. 313
Ou July 19th, Edward D. Warbass settled at the old Cowlitz landing, laid off a town
called Warbassport, opened a store and engaged in the forwarding and commission business.
On October 13th, Colonel Isaac N. Ebey took a claim on Whidby Island, from which
Thomas W. Glasgow had been driven in the summer of 1S48.
Oysters were this year discovered at Shoalwater Bay by Captain Feldstead, who
shipped a quantity on his vessel to San Francisco, but failed to secure their arrival in
good order. Anthony Ludlum then fitted out the schooner Sra Serpen f and dispatched
her to Shoalwater Bay for a cargo of oysters, which were safel}- delivered in San Francisco.
Upon the arrival of the Sea Serpent, a company was formed who purchased the schooner
Robert Brnee, and sent her to Shoalwater Baj', in command of Captain Terry. She
arrived at the bay safely, commenced to load, but on the third day was burned to the
water's edge. It is reported that the cook took all the laudanum from the medicine chest,
drugged the food, thus stupefying the crew, and then set fire to the schooner. An old
man named McCarthy, then the only inhabitant upon the bay, aroused and rescued the
stupefied crew. They, being without means to leave the bay, erected cabins on the beach,
continued to reside there, and were long known as the Bruce Company. The town
Bruceport occupies the site of their settlement (i).
The United States census of 1850 exhibits a total population in Oregon of 13,294.
Of this number, the total white population north of the Columbia river was 1,049, thus
apportioned to the two North Oregon counties, viz.: Lewis count}- 457, Clark county 592.
These figures indicate the return of Oregon gold-seekers from California, — a reaction in
favor of Oregon settlement, a growing attention to the importance of the Puget Sound
region and the territory north of the Columbia river.
(i) See a lengthy article on the " Oyster Trade of the Pacific Coast " in San Francisco Bulletin.
Chapter XXXVII.
(1S50-1853.)
President Taylor's Ai)i)(>iiitiiieiits of Territorial Officers — Their Arrival in the
Territory — 3Iail Service and Steamers Between San Francisco and Portland
— Passage of Donation Law — Titles to Private Land Claims — Pnblication of
Western Star, Oregonian and Oregon Statesman — Session of Legislature,
1850-51 — Building of Steamer Lot Whitcomb — New Counties Organized —
Kemodeling Judicial Districts — Location of Public Buildings — Death of Samuel
K. Thurston — Arrival of Chief Justice ISelson — The Oi'egon Party — Election of
General Lane as Delegate to Congi'e.ss — Seat of Government Controversy —
Quorum Supreme Court Meets at Oregon City, and Decides It to be the Seat
of Government — Judge Pratt Holds Supreme Court at Salem — In a Letter
Dissents from Justices Nelson aiul Strong — (Quorum of Legislative Assembly
Meets at Salem — Session of 1851-5^ — 3Iinority at Oregon City — Thurston
County Organized — President Fillmoi'e's Official Message on Capital Controversy
— Congress Intervenes, Declares Salem the Seat of Government, and Ratifies
Laws Passed Thei'eat, Session 1851-5'^ — Extra Session of Legislature — Kenewed
Personal Kancor Growing Out of Decision as to Iowa Laws in Force by
Legislation of Provisional Government — Judge Deady's Historic Notice of
"Steamboat Code" and the "Blue Books" — Progress of Settlements North of
Columbia Kiver, Legislation of 1852-53 — Creation of New Counties — Judicial
Districts Reconstructed — Division of the Territory.
IN SEPTEMBER, 1S49, President Zachary Taylor had appointed as officers for the
territor}-: Major John P. Gaines of Kentncky, Governor; General Edward Hamilton
of Ohio, Secretary ; William Strong of Ohio, Associate Justice of territorial Supreme
Court, in place of Peter H. Burnett, who had declined appointment tendered b}' President
Polk. Those Federal officials, with their respective families, were tendered passage to
San Francisco, via Cape Horn, in the store-ship Supply^ then being fitted out at the
Brooklj-u navy yard for San Francisco, to transport supplies for the Pacific squadron,
they providing themselves with private stores. That vessel, with the above-named
party as passengers, sailed January 3, 1850. Upon arriving at San Francisco, they were
transferred to the U. S. sloop-of-war Fahnouth, about to sail for the Columbia river, and
reached Astoria August 14, 1850.
The territory had been without a governor since June 18, 1850. In consequeuce of
impaired health, Chief Justice Bryant had resigned and been compelled to return to
Indiana. Associate Justice O. C. Pratt had been called to San Francisco to sit in
several admiralty causes, thus leaving the territor}' without a judge. Present in the
territor}' were Secretary Pritchett, acting as governor, United States Marshal Meek,
United States Attorney Holbrook, Collector of Customs Adair at Astoria. On the 19th
of August, Governor Gaines entered upon the duties of Executive. The other officials
who had accompanied at once assumed their respective offices.
( 314 )
PASSAGE OF THE DONATION LAW. 315
For several years a contract had been in existence between the United States Postoffice
Department and Howland and Aspinwall for the transportation of United States mails b}'
steam vessels between Panama and Oregon, 7'ia some port in California. A temporary
modification of service nntil six months' notice had been given by the Postmaster-General
had been made: "North of San Francisco the service might be performed in sailing vessels
instead of steamers, on condition that mails should be received and delivered as often
as once a month 'at or near Klamath river;' and ves.sels were to touch at San Francisco,
Monterey and San Diego free of cost to the government." Delegate Thurston became
advised of such condition of the mail contract of the Pacific Mail Steamship Company;
and at his instance the six months' notice of abrogation of the temporary modification
was given b}' the Postmaster-General. The notice expired June i, 1850, after which the
Pacific Mail Steamship Company were under contract to carr}^ mails by steamships north
of vSan Francisco. In June, 1S50, the steamer Carolina^ Captain Whiting, arrived at
Portland from San Francisco carrying United States mails and passengers. At irregular
intervals, but as often as once a month, she was succeeded by the California^ Sea (riill,
I\i)iama and Oregon. But not until March, 1S51, on the arrival on the coast of the
Columbia, were established regular monthly vo3'ages of ocean steamers between San
Francisco and Portland for the transportation of the United States mails and passengers.
The 27th of September, 1850, marks the date of the approval by the President of
the Act of Congress entitled, " An Act to create the oEfice of Surveyor-General of the
public lands in Oregon, and to provide for the survey and making donations to settlers of
the said public lands," known as the " Oregon Land Bill " and usuall}- termed the
Donation Law'.
What was the status of land titles in Oregon at the date of the passage of that law ?
The Organic Act (August 14, 1848) had made a definite grant to missionary societies for
lands occupied at the date of the passage of that act ; but the rights of settlers had been
corapletel}' ignored. Happily, the condition of rights to soil vesting in the settler
antecedent to the passage of the Donation Law had been judicially determined by the
highest tribunal in the world, the most eminent judicial authority. \\\ Hall \s. Russell
(October term, 1879), Chief Justice Waite, in -pronouncing the opinion of the Supreme
Court of the United States, thus defined the situation :
" The anomalous condition of affairs in Oregon Territory when this act was passed
has been heretofore brought to our attention. {Stark vs. Starrs, 6 Wall., 402 ; Lamb vs.
Davenport, 18 Wall., 307; Stark vs. Starrs, 94 U. S., 447; Barney vs. Dolph, 97 U.S.,
654.) For many years, the inhabitants had been without any government except that
which they had themselves organized for their own protection. The ownership of the soil
on which they lived was in dispute between the United States and Great Britain. Under
the operation of treat}- stipulations for the joint occupation of the territory, extensive
settlements had grown up ; and the people in governing themselves had adopted land laws
which made occupancy the basis of ownership between settlers. While waiting for the
contesting sovereign claimants to determine which of the two should be the acknowledged
owner of the soil, they contented themselves with regulating their rights of occupancy as
between each other, trusting to the bounty of the government under whose sole dominion
they should ultimatel}^ fall for a grant of title to the land itself. The first of these acts
was passed in 1844. ( ' Laws of Oregon,' 1843 to 1849, 77.) Under this, onl}' free males
over the age of eighteen, who would be entitled to vote if of lawful age, and widows, were
entitled to hold a ' claim,' save that a married man under eighteen was not debarred. A
claim was also confined to 640 acres or less.
316 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
" Permanent improvements and continuons occupation and cultivation were essential
to the preservation of the rights conferred. Following this was the ' land law,' contained
in the Organic Law of the Provisional government, which went into operation in 1846.
('Territorial Statutes of Oregon,' 1851, 32, article three.) This law relaxed somewhat
the stringenc}- of the former act as to actual occupation, and extended the privilege of
establishing claims to all residents of the territory. B3' the act of Congress creating a
territorial government for Oregon (9 Stat., 323), approved August 14, 1848, all laws
theretofore passed in the territory making grants of land, or otherwise affecting or
incumbering the title of lands, were declared void ; but all other laws in force under the
authority of the Provisional government were continued in operation so far as the}^ were
not incompatible wath the Constitution or the principles and provisions of that act. All
laws passed by the legislative assembl}- of the territory were to be submitted to Congress,
and, if disapproved, were to be null and void. (Section six.)
" Doubts having arisen whether, after the establishment of the territorial government,
the land law of the Provisional government was in force, an act of the territorial legislature
was passed September 22, 1849, expressly declaring it to be so; and some additional
provisions were made consistent with the title of the new act, which was ' An Act to
prevent injuries to the possession of settlers on public lands.' ( ' Territorial Laws,' 1851,
page 246.) By section five of this act, it was provided that 'land claims shall descend
to, and be inherited by, the heirs-at-law of the claimant in the same manner as provided
by law for the descent of real estate.' On the 26th of September, 1849, 'An Act respecting
wills ' was passed by the territorial legislature. ('Territorial Statutes,' 1851, 27.) By
this act, every person of twenty-one years of age and upwards, of sound mind, might, by
' last will devise all his estate, real, personal and mixed, and all interest therein, leaving
to the widow her dower.' Before the passage of the act of September 12th, if a person
died in the lawful possession of a land claim, it formed part of his personal estate, and
was to be disposed of by his executors or administrators for the benefit of his legal heirs.
( ' Laws of Oregon,' 1843 to 1849, page 61.)
" It was in the midst of this condition of affairs that the Donation Act was passed.
Congress had the right, on assuming undisputed dominion over the territory, to confine
its bounties to settlers within just such limits as it chose. The settlers had no title to the
soil ; and the legislation under the Provisional government, as well as that b}^ the
territorial legislature, had no other effect than to regulate possessor}' rights on the public
domain in the absence of congressional interference."
In the case first cited (Stark vs. Starrs), Xho. Supreme Court of the United States had
referred to the " land system " of the Provisional government of Oregon. Mr. Justice
Field, in delivering the opinion of the court, used the following language :
"It (the Donation Law) substantially gave to every settler, upon certain conditions,
the land which he occupied, excepting onl}^ mineral and saline lands, and such parcels as
might be reserved by the President for forts, arsenals and other public uses. The law,
as well observes Mr. Justice Deady, in the able opinion from which we have already cited
{Lozc'/isda/e \s: Ci'tj' 0/ Port/and), ^ was a system complete within itself, and admirably
adapted to the conditions of the people and the country as it found them,' and was 'a
practical recognition and confirmation of the land law of the Provisional government.' "
The language used by Mr. Justice Deady, and referred to in such commendatory
terms, was embodied at length and constituted part of the opinion of the Supreme Court
in Stark vs. Starrs, 6 Wallace, 415.
TITLES TO PRIVATE LAND CLAIMS. 317
" It is well known," says Mr. Justice Deady of the United States District Court of
Oregon, "that at the time of the organization of Oregon Territory, an anomalous state of
things existed there. The country was extensively settled, and the people were living
under an independent government established by themselves. They were a community
in the full sense of the word, engaged in agriculture, trade, commerce and mechanical arts,
had built towns, opened and improved farms, established highways, passed revenue laws
and collected taxes, made war and concluded peace. As a necessity of their condition,
and corner-stone of their government and social fabric, they had established a land law,
regulating the possession and occupation of the soil among themselves. That all this
was well known to Congress would be highly probable from its historic importance, and
is certain to have been so from the language of the act itself. The leading feature of the
land law of the Provisional government was that which provided that every male
inhabitant of the country, over a certain age, should hold and possess 640 acres of land.
The uses to which the land might be put to was immaterial. In the disposition of the
public land, this state of things called for peculiar legislation, different in ioto from that
required in an unsettled country."
In brief general terms, the Donation Law was intended to secure to each settler, upon
his compliance with conditions imposed by that act, the land claim which he had taken
under the land law of the Provisional government, and occupied at the time of the passage
of the Donation Law.
Nor are we without direct congressional expression that the animus of that legislation
was also recognition that Congress had stimulated immigration by promising land grants (i).
"Our claims to this country (Oregon) were endangered, the jealousy and patriotism
of the country were aroused. In view of this state of things, the expedient of donating
land in liberal quantities to all American citizens who should go there and settle was
debated. The advocacy of the policy^ though general, was no more so than the conviction
uniT'crsal, that these grants icoiild be made by Congress. Had it not been for treaty
stipulations which forbade such action. Congress would long previous to 184S have made
provisions for such donation. Such donations were based upon public sentiment and
congressional action ; and without sucli expectation they never would have emigrated to
the country, which would therefore have remained unsettled by American citizens to this
day. Among the benefits accruing to the government from the settlement of that territory
by Americans was a speedy settlement of the question of title in dispute between the
United States and Great Britain, enlarging the commerce of the United States, and laying
the foundations of the new and mighty states upon the Pacific coast."
Congress had, about the time that emigration commenced from the western States to
Oregon, committed itself to the policy of donating lands to actual settlers, in consideration
of colonizing or defending the territory. In view of Indian difiiculties in Florida, Congress
passed a law which provided that any person being the head of a family, or a single man
over eighteen 3'ears of age, able to bear arms, who had made or should, within one year
from and after the passage of the act, make actual settlement, should be entitled to one
quarter section " (2).
Hence it may be stated without fear of contradiction that the government was
committed to the policy of granting lands to actual settlers, whose presence in the territory
were invited for the purpose of recovering, reclaiming or holding occupancy of the territor3\
Florida.
10 Report of Commissioner of House of Representatives. No. 271, Thirty-first Congress, first session.
(2) Act of Congress approved August 4, 1S42 ; " Act for the armed occupation and settlement of the unsettled part of peninsula of East
da."
318 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
In the passage of the Donation Law, Congress clearly recognized the fact that its
own proceedings for a series of ^-ears liad fully warranted the Oregon Provisional
government in forming its land law, in the anticipation that the national government
would sanction such legislation b}^ grants to actual settlers. In such a view, the act of
September 27, 1850, ma}^ be accepted as a redemption by Congress of that pledge^ which
seems to have been implied from the significant circumstance that each branch of Congress,
separatel}', 'tis true, yet 3'ear after year, had encouraged settlement of the country b}^
incorporating in each measure introduced and discussed, na}- more, passed by one or the other
House, though concurrent action or perfected legislation had been uniforml}- defeated
because of the existing Joint-Occupanc\r Treaty of 1827. Those ideas would seem also
to have actuated Congress in defining beneficiaries of the act, in fixing the area of land
grants, and prescribing boundaries. Two classes were created ; the quantitv of land
.granted was made contingent upon the time of arrival in the countrw
The first class embraced '' ever}' white settler or occupant of public lands, American
half-breeds included, over the age of eighteen years and a citizen of the United States, or
Avho had declared his intention to become such, or who should, on or after December i,
1S51, make such declaration, then residing in the territor}', or who should arrive therein
prior to December i, 1850. To such, the act granted a half section, or 320 acres, if a
single man ; or, if married, an entire section, or 640 acres, one-half to the husband and
the other half to the wife, in her own right. The second class included white male
citizens above the age of twenty-one 3'ears, or persons above the age of twent3'-one ^-ears
who had made declaration to become citizens, settling in Oregon after December i, 1S50,
and prior to December i, 1853, and all white male American citizens not before provided
for, who shall have become twent3--one years of age in the territor}- between December i,
1850, and December i, 1853. The amendator}- act of Februar\' 14, 1853, extended the
time from December i, 1853, to December i, 1855. To the second class was granted a
quarter section, or 160 acres, if a single man; or, if married, a half section, or 320 acres,
one-half to the husband, and the other half to the wife, in her own right.
The Donation Law, as originally passed, required four years' residence and cultivation,
making all sales or contracts of alienation void till patent issued. The amendatory act
rendered contracts of sale or other disposition valid after four j-ears' residence. It also
provided that, in lieu of four 3'ears' residence, the settler might, after two years' residence,
commvite b3- pa3'ment of one dollar and twenty-five cents per acre. The subsequent
amendatory act, approved July 17, 1S54, still further reduced the term of residence to one
year, with the privilege to commute b3' purchase at one dollar and twent3'-five cents per
acre. The donation S3-stem expired by limitation, fixed in the last amendator3' law, upon
December 2, 1855. Number of donation certificates issued in Oregon, 7,317; area of laud
covered hy certificates, 2,563,757; number of donation certificates issued in Washington
Territor3-, 985 ; area of land covered b3' certificates, 290,215.
Despite the pledges of the government to the settler, despite the hardships of pioneer
life, — the hard task to earn those lands too often b3- four 3'ears of solitar3' confinement at
hard labor, for such it was in those earh' days, — 3-et ever3' excuse has been sought, ever3'
technicalit3- has been resorted to, to defeat claims, to set aside proof, to den3- recognition
of the settler's title. Numerous patents for those so-called donations remain unissued to
those who helped to regain the countr3-, who defended it from savage warfare before the
government commenced to perform its dut3', who prepared it for the homes of American
men, women and children, who prepared the wa3' for the establishment of Pacific
commonwealths. >
PUBLICATION OF WESTERN STAR, OREGONIAN AND OREGON STATESMAN. 319
John B. Preston of Illinois, who was appointed by President Taylor first
Surveyor-General of the territory, reached Oregon City April 21, 185 1, where he
established his office and at once entered upon his official duties. Surveys of public lands
were commenced in October ; and on the 5th of Februar}^, 1852, the first township plats
had been filed, at which date notice was given to settlers on surve\^ed townships that the
Surveyor-General was prepared to receive from them notifications of their respective
claims as provided by section six of the Donation Law.
On the 29th of November, 1850, Lot Whitcomb commenced the publication of a
Democratic newspaper at Milwaukee called the JVes/ern Star, of which John Orvis
Waterman was editor. In the May following. Waterman and William D. Carter, printer,
purchased the office and removed it to Portland, where the paper was published under
the name of the Portlaud Times. On the 4th of December, 1850, Thomas J. Dryer issued
the first number of the Orcgoma?i at Portland. From its birth it has ever continued to
be conducted with marked ability and thorough devotion to the interests of the whole
Northwest. During the session of the legislature (winter of 1850), Asahel Bush had been
elected public printer. In the month of March (1851), he commenced the publication at
Oregon Cit}' of the Oregon Statesman. Its distinguished editor advocating with most
earnest zeal the removal of the seat of government to Salem, the publication office of that
journal was early afterwards transferred to that city. Partisanship of bitterest and most
ultra characteir was the great feature of that time. The newspapers either caught the
infection or fanned the flame. Dr3'er was the recognized Whig journalist of the territory.
Bush was the acknowledged champion of the Democracy and so-called Democratic
measures, and quite as severe as his Whig rival in denouncing those with whom he
differed. Each successfully vied with the other in personal rancor, in bitterness of
personal retort. For a period, " Oregon Journalism " became and continued to be the
recognized synonym for utter disregard of editorial courtesy and civilit}^ of expression or
demeanor to each other, or to a political opponent. Never, perhaps, to a greater degree,
were differences as to political opinions or party fealt}' made occasion to mar and destroy
social relations, to alienate the good feeling and peace of the comniunit}'. But that
abnormal condition of society, that perversion of the great mission of the press, has
happily changed. Those scars have all been effaced. The impulsive and impetuous
Dryer, so bitter to opponents, so generous to friends, has gone to his reward. Bush lives
at a green old age, respected and esteemed as one of Oregon's most conservative and
public-spirited citizens. The acerbities of partisanship strife have been alla3-ed. The
happy task alone remains to attest appreciation of the zeal, commend the industry and
express admiration of that genuine ability exhibited by those brave pioneers in the politics
and journalism of Oregon, at the dawn of the last half of the nineteenth centur}'.
On the 2d of December, 1S50, the second session of the territorial Legislative
Assembly convened at Oregon Cit}-. W. W. Buck of Clackamas was elected President
of the Council, and Dr. Ralph Wilcox of Washington Speaker of the House of
Representatives. George L. Curry was chosen Chief Clerk of the Council, and Asahel
Bush Chief Clerk of the House. Governor Gaines delivered his first annual message,
mainly devoted to recommendations as to the expenditure of congressional appropriations
for territorial buildings and purposes. Among the appropriations to which reference was
made was the sum of $5,000 in his hands for building a capitol, to which sum should be
added a late appropriation of $40,000.
320 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
During the fall, Lot Whitcomb had been engaged in constructing a steamboat to run
upon the Willamette and Columbia rivers. Soon after the legislature had convened,
a public meeting was called (December 7th) in the hall of Representatives in Oregon
City, consisting of legislators, public officials and citizens. It was resolved that the
steamboat in process of building at Milwaukee should be named " Lot Whitcomb of
Oregon " ; and a stand of colors was presented to Mr. Whitcomb by a committee, consistiug
of Governor Gaines, Hon. Samuel Parker and Hector Campbell. On Christmas da}-, the
steamer was lauuched, Governor Gaines christening her. In the salute, Captain Morse of
the schooner Mcrcliantnian was killed by the explosion of a cannon. In Januar}-, she
made her trial trip to iVstoria, and thereafter ran as a regular passenger and freight packet,
commanded by Captain John C. Ainsworth ; her engineer was Jacob Kamm.
The count}' of Pacific (north of the Columbia river) and Lane and Unipqua counties
iu the southern part of the territor}-, were organized at this sessiou. The judicial districts
were remodeled as follows : First District, Clackamas, Marion, Linn and Lane ; Second
District, Washington, Yamhill, Benton, Polk and Umpqua ; Third District, Clatsop,
Lewis (including Pacific) and Clark. Most of the session was spent in acrimonious
debate upon the removal of the seat of government, and as to the powers of the governor
to act concurrently with the assembl}- iu the application of certain funds appropriated by
Congress for the erection of suitable public buildings for the territor}' at its seat of
government.
In Provisional government times, b}- the act of June 27, 1S44, Willamette Falls, or
Oregon City, had been designated as the place for the Legislative Assembly to hold its
sessions. Later, in 1S45, ^ ^^^^' ^'^^ enacted by which that place had been designated as
the seat of government. At that place the first session of the Oregon territorial legislature
had met, which legislature, by section fifteen of the Organic Act, was empowered " at its
first session, or as soon thereafter as practicable," to locate and establish the seat of
government. That first session adjourned without fixing either time or place for the next
session of the assembl}'. On April 6, 1850, Governor Lane called an extra session of the
legislature, to meet at Oregon City May 6, 1S50. At that extra session, a resolution was
passed " that the Legislative Assembly will meet on the first Monday of December next."
Under those circumstances the present session was held at Oregon Q,\\.y.
A bill was introduced, entitled, " An act to provide for the selection of places for the
location and erection of the public buildings of the territory of Oregon," the consideration
of which occupied much of the session. The bill consisted of ten sections, the first
of which located the seat of government at Salem; the second established the penitentiary
at Portland; the third located the territorial university at Marysville (Corvallis), and
provided for the sale of universit}- lands to erect suitable buildings for such university.
By other sections, commissioners were appointed to regulate the erection of buildings.
Their duties were defined and their powers enumerated. It was the contention on the part
of the friends of Oregon City as the capital, that such act was null and void because it
was in express violation of the territorial Organic Act. That section six of said act,
among other things, provided : "To avoid improper influences, which may result from
intermixing in one and the same act such things as have no proper relation to each other,
every law shall embrace but one object, and that shall be expressed in the title." That
this act embraced more than one object; that its objects were not expressed in the title;
and that it failed to conform witl] the above expressed rule, and therefore was a nullity;
HON. ELISHA P FERRY,
SEATTLE, W T
FIRST GOVERNOR OF THE STATE OF WASH.
HON. Ml LES C. MOORE.
WALLA WALLA, W. T.
LAST GOVERNOR OF THE TEROFWASM.
LOCATION OF PUBLIC BUILDINGS. 321
that as Oregon City had been recognized by the legislatnre as the capital, it unist so
remain until by proper legal enactment another place shall have been lawfully fixed as the
seat of government.
The Location Bill was called the Omnibus Bill because of its many sections, its
several purposes securing all necessary public buildings. The controversy in regard to it
soon assumed partisan shape. The bill passed on the ist of February, 1851. In the council,
it received six votes to three; by the House it was passed by a vote of ten to eight. On
the 3d of February, Governor Gaines sent a special message to the Assembly, in which
he conceded the right of the Assembly to locate the seat of government, but claimed that
after the location it was his province to act in conjunction with the Assembly in the
expenditure of the appropriation. He declaimed against the act as violating section six
of the Organic Act, and asserted it was therefore a nullity. Again he invoked the
Assembly not to adjourn without carrying into effect the recommendations of his message
as to the erection of the public buildings, for which appropriations had been made by
Congress. To the Location Bill as passed he expressed his dissent, and refused to
participate in its execution. The legislature, fretting under these suggestions, or, as they
called it, "interference," passed a resolution that neither his annual nor special message
should be printed with the journals.
Before adjournment, the legislature passed a joint resolution providing for the
annual session of the Legislative Assembly to be held on the first Monday of December,
at the seat of government.
On the 5th of February, 1851, at the request of Governor Gaines, United States
Attorne}^ Holbrook rendered an official opinion that the act was invalid because in
direct violation of the last clause of the sixth section of the Organic Act, inasmuch as
more than one object is embraced in the law, all of which objects are not expressed in the
title (i). On the 6th of February, Governor Gaines inclosed copies of the Location Bill,
his special message of February 3d, and the opinion of the United States Attorney, to the
Attorney-General of the United States, requesting an official opinion as to the validity of
the act; — whether the Legislative Assembly can lawfully assemble at Salem at its next
session, and whether the bond authorized to be taken by said act would have any binding
force (2). The matter having been referred to the Attorney-General by President
Fillmore, the Attorney-General, John J. Crittenden, replied, April 23, 185 1 (3) :
"The only Acts of Congress which I have found relating to the subject are, 'An
Act to establish the Territorial Government of Oregon,' passed August 14, 1848, and
'An Act to make further appropriations for public buildings in Minnesota and Oregon,'
passed June 11, 1850.
" By the first of these acts, the legislative power and authorit}^ are vested in the
Legislative Assembly of the territory, consisting of a council and House of Representatives ;
and the concurrence or approval of the governor is not requisite to the validitv of acts of
tlie legislature. The power ' to locate and establish the seat of government for said
territory,' is expressly given to the Assembl}- by the fifteenth section of that act.
"It may be a question how far this general and exclusive power of legislation has been
qualified by the Act of Congress of June 11, 1850, in instances therein embraced. That
act in its first session provides, ' that the sum of twenty thousand dollars each be, and
the same is hereby, appropriated to be applied by the governors and Legislative Assemblies
(i) Executive Document No. 96, House of Representatives, thirty-second Congress, first session, page 5.
(2) Ibtd., page i. Executive Document No. 94, id,, page 3.
(3) Ibtd., page 6. Id,, page 5.
322 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
of the territories of Minnesota and Oregon, at such place as the}- ma}- select in said
territories for the erection of penitentiaries ;' and in the third section it further provides,
' that the sum of twenty thousand dollars, etc., be, and the same is hereb}^ appropriated,
etc., to be applied by the governor and Legislative Assembly of the territory of Oregon,
to the erection of suitable public buildings at the seat of government of said territory.'
"This last section does not conflict with the previous exclusive power of the Assemblv
to ' locate ' the seat of government. But the seat of government once fixed b\- the
Assembly, it does not give him, the governor, concurrent and equal authority with them
in the application of money to the purpose designated. In reference to the use of this
money, the legislative power of the Assembly is qualified ; and they cannot dispose of it
without the concurrence of the governor.
"In regard to the appropriation for the erection of a penitentiar}- in Oregon, the act is
too explicit to leave an}- room for construction. That mone}' is to be applied, 'by the
governor and Legislative Assembl}' of Oregon, at such place as they may select for the
erection of a penitentiary.' By the force of this language, the governor must have
concurrent and equal power with the Assembly, not only in the application of money for
the erection of necessary buildings, but in the selection of the place where the}- are to
be erected.
"On the other topics presented in the message of Governor Gaines, and in the written
opinion of the United States Attornej', it is utmecessary for me to sa^- more than that I
entirel}' concur in the views expressed b}- those gentlemen.
"The Act of Congress which established the territorial government of Oregon, and
from which its Legislative Assembl}- derives its existence and power, expressly- and
imperativel}^ declares that, ' to avoid improper influences which may result from
intermixing, in one and the same act, such things as have no proper relation to each other,
every lazu shall embrace but one object, and that shall be expressed in the title.'
"That the Act of the Legislative Assembly in question does 'embrace more than one
object,' and that it is, therefore, in violation of the Act of Congress, is a proposition that
cannot be made plainer by argument. The same Act of Congress declares what shall be
the consequence of such violation of its provision, namely, that the territorial act 'shall
be utterly null and void.'
"My opinion, therefore, of the act in question is, that it is null and void in all its
parts, and consequently can give no legal validity to any thing done under color of its
authority."
On the 9th of April, 1851, Samuel R. Thurston, first delegate to Congress, while
returning to Oregon on the steamer Califonua, died at sea between Panama and Acapulco,
at which latter place he was buried. Mr. Thurston was born in 1S16, at Monmouth,
Maine; graduated at Bowdoin College, class of 1843; studied law at Brunswick, and
having been admitted to practice, married and migrated to Burlington, Iowa, in 1845,
where he edited the Bni/iiigtoii Gametic until 1847. That ^-ear he crossed the plains to
Oregon. In politics an ultni Democrat, yet at the period he reached the territor}-, and at
the first election, party lines had not been strictly drawn. Citizens divided more upon
sympathy with, or avowed opposition to, the Hudson's Bay Compan}-. The Methodist
Mission, or rather those who had been identified with it (for it and they still retained
their prestige), constituted the iniclnis about which had rallied the elements of hostility,
actual or passive, to the Hudson's Bay Company's influence in the territory. Of Methodist
predilections, Thurston, with his whole ardent nature, espoused the Anti-Hudson's Bay
DEATH OF SAMUEL R. THURSTON. 323
Company part}-. To that counse, not to partisan politics, nor to liaving been a Democrat,
was he indebted for election as Oregon's first delegate to Congress. To him mnst be accorded
decided ability, eloqnence of a high order both as a stump speaker and debater, untiring
industry and earnestness of purpose. All must commend his zeal to accomplisli a
result, while hesitating to approve the means resorted to. He was a politician who
worked mainly for personal success and popular applause ; nor did he scruple as to the
means to gratify his ambitious desires. He was an industrious and efficient representative,
and accomplished much useful legislation for his constituency. By authority of the
legislature of his adopted territory, his remains w-ere exhumed at Acapulco and brought
to Salem, the seat of government, and there by the representatives of the people was
caused to be erected b}- the territor}- of Oregon a marble monument to his memor}-. On
one face are the words "Thurston, erected by the People of Oregon," with a fac-simile
of Oregon's great seal. Another face records in full his name, his age, date of his
death ; and yet another .side attests : " Here rests Oregon's first Delegate, a man of
genius and learning, a lawyer and statesman, his Christian virtues equaled by his wide
philanthropy. His public acts are his best eulogium." Let that laudatory tribute to
eminent ability by grateful admirers be his requiem. Let the remembrance of intellectual
greatness and successful labors so conspicuous as to warrant that high-wrought eulogy
efface the recollections of any error in the short but brilliant career of a youthful,
impulsive, perhaps too impatient, seeker for political fame.
On the 2ist of April, Thomas Nelson of New York, who had been appointed Chief
Justice of the Supreme Court of the territory in place of William P. Bryant, resigned,
arrived at Oregon City. He was accompanied by Associate Justice Pratt, who had
returned from San Francisco. For the first time since the organization of the territor}',
a full bench was present; the three judicial districts had assigned judges on duty within
their respective districts.
In company with Chief Justice Nelson came the " Oregon party, " as it was known
and named by their fellow travelers on those notable voyages of the Eynpire City on the
Atlantic side, and the California from Panama to San Francisco, including several
gentlemen who became prominently identified with Oregon history and progress, and who
filled the highest offices in its State government. Among them may be named
Surveyor-General Preston, with his family, Stephen F. Chad wick, who so creditably
discharged his duties as Secretary of State, and acquired distinction as governor, and L. T.
Moody, one of the most practical of Oregon's governors. That party lost its most
brilliant member by the death of Oregon's first delegate (i).
At the general election (June 2, 1851), General Joseph Lane, Democratic nominee
for delegate to Congress, was elected, he receiving 2,093 votes to 548 for his competitor,
William H. Wilson. Such a triumphant majority was in a great measure attributable to
the personal popularity of General Lane. He was a favorite with all classes. He had
justl}' endeared himself to the people b\- his efficient and patriotic administration as
governor and superintendent of Indian affairs, and by his gallant and disinterested
services against the savages in Southern Oregon. His election was also a tribute of
grateful admiration to an old soldier and hero, who had done meritorious service in the
wars of the republic. He was a born leader of men. He claimed not the eloquence of the
schools. He possessed to a marvelous degree that greater power, that eloquence of action,
(i) Manuscript notes by Governor S, F. Chadwick, entitled " Oregon Party." They left New York on the steamer Empire City March 13, 1851,
wo Isthmus of Panama, from whence they canje to San Francisco on the steamer California, and arrived at Oregon City April 21,1851.
324 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
that magnetism, which asserted personal sway whenever occasion reqnired it. In the
merited tribute paid to his memor\- b}- his friend, companion and copatriot, the late
Senator Nesmith (the text but slightly altered to give it individual application), will
be found most faithfully portrayed those qualities which marked his character and were
the elements of his great popularity :
" He was the product of a frontier civilization. Nature had been more lavish to him in
her bounties than had the schools. He had gained great distinction in the military
service of the country; j^et simplicity of character, honesty and directness of purpose,
sympathy with the people, were his great characteristics. He was a brave, unselfish
patriot, whose chief, nay, whose only, desire was the welfare of his fellow citizens."
The " Location Question " had permeated, saturated and poisoned the politics of the
territory; it had been an issue in the election. The Whigs in the main acted in sympathy
with the Whig Executive. Democrats as naturally opposed, and hence the location
controversy to a great extent became a party issue; but here and there local interest made
it a local rather than a political question. As the time for the meeting of the Legislative
Assembly and the Supreme Court approached, the feeling, not to say excitement,
intensified. The question "where was the seat of government?" in the very nature of
things had to be met and answered. Judges of the Supreme Court and members of the
legislature were alike compelled to choose before entering upon the performance of required
public duties. Each for himself must go to the seat of government, either to Oregon City
or to Salem. Thus personal attendance in itself at either place practically indicated the
decision reached, or the individual construction of the law. According to law, the Supreme
Court must hold its annual term at the seat of government. The same law was applicable
to render legal the session of the Legislative Assembly. That body also, to make its acts
effective, was required to have performed them at the seat of government, and to have
assembled on the day fixed by law.
Nelson, Chief Justice, and Strong, Associate Justice, constituting the quorum of the
Supreme Court of the territory, assembled at Oregon City December i, 1S51, to hold its
annual term. Thus and thereby the}- practically established that the Supreme Court, or
at least a majority of its members, were of the opinion that such place was the seat of
government. So remarked Chief Justice Nelson to counsel, when the plea was interposed
in the case of Amos M. Short, plaintiff in error, vs. Frederic Enialiiigcr^ defendant in
error, objecting to the two Judges proceeding with the case at Oregon City, that "said cause
can be heard, determined and acted upon only by a majority of the Judges of the Supreme
Court convened for the purpose of holding a term thereof at the seat of government, which
said seat of government has been dulj' and legally established and now is at Salem."
Argument on the plea was heard; the next day the plea was overruled, both Judges filing
lengthy written opinions holding the Location Law invalid because of violating section six
of the Organic Act. Pratt, Associate Justice, had opened court at Salem. He there
waited for his brethren, maintaining that citj^ to be the legally established seat of government.
In a letter in repl}^ to a request by the president of the territorial council, he dissented ///
toto from the reasoning and conclusion of the opinion by the majority of the court, — the
decision of the court; for the law made a quorum the court, competent for all purposes.
On December ist, the day fixed by law for the convening of the legislature, all the
members of the territorial council (except Columbia Lancaster, of Lewis and Clark
counties), and all the representatives (except four, to wit: Messrs. Matlock, Wait, Kiune}'
and Brownfield), assembled at Salem. A quorum of both Houses being in attendance,
SAMUEL K. BARLOW,
A PIONEER OF 1845.
QUORUM OF LEGISLATI\-R ASSEMBLY MRETS AT SAI.EM. 32")
the council organized by the election of vSamuel Parker, President. The House of
Representatives elected William M. King, .Speaker. On the 9th of December, a joint
committee \vas appointed to draft a memorial to Congress relative to the conduct of the
Federal officials. That censorious aj/innis which dictated the movement was but another
outcropping of the spirit of the times. The people had become more tenacious as to the
location of their own seat of government, because "imported officials," as they were called,
whom they had no agenc}- in selecting, were attempting to thwart the exercise of such
privilege. On December i8th, the memorial passed with great unanimity. It was a
popular measure. Meetings followed in several counties, denouncing Governor Gaines,
judges Nelson and Strong, and other Federal appointees, and their acts, and upholding
the vSalem legislature and Associate Justice Pratt. That memorial was an able document;
it severely arraigned the Federal officials for neglect of dut}-, and charged them with
malfeasance and misfeasance in office. It championed the validitj- of the law which had
made the location of the public buildings. It defended the legality of the proceedings of
the legislative body then assembled at Salem. It ably criticised- the opinions of the
Supreme Court, pronounced b}' the two judges then in session at Oregon City as the
Supreme Court. It claimed that faults committed b}' officials not identified with the
territor}' and its people were harder to be borne by that people; that there were bona-fide
citizens of the territory able to discharge the duties of all the offices; that there are
all-sufficient reasons why the citizens of the territory should elect their own officers.
Such were the premises for the prayer for " Home Rule," for an amendment to the
Organic Act allowing the people to elect their own governor, secretary and judges :
" Your memorialists are well convinced that the system of appointments b}- the
President, of men to execute and construe our laws who are strangers to our wants, our
customs, our sympathies and our feelings, is intrinsically wrong, and that it is especially
so when applied to a territory situated, as this is, five thousand miles from the Federal
capital.
" The government of the United States is based upon the proposition that man is
capable of self-government. If, when the people of this territory, numbering less than
half the present population, were capable of originating and maintaining out of the crude
and conflicting elements then existing a government for themselves, there is no good
reason why they are not capable to select from among themselves men of their own choice
to execute and construe their laws. In our present situation, we sustain the position of
absolute dependents, unfortunately not directl}' upon the will of a beneficent Congress,
but upon the caprice of adventurers and strangers who came here by the accident of party
ascendancy, and treat their official position, when here, as a reward for political services
already rendered to their party at home, rather than as a means of advancing our
prosperit}^ and interests. Although the territories are the property of the United States,
we conceive their inhabitants are citizens of the United States, and should enjoy and
exercise, so far as Congress can extend it to them, the freedom of free men."
That memorial having been passed, the as-sembl}' settled down to law-making.
Marion, Linn and Lane counties were detached from the judicial district of Chief Justice
Nelson, and added to the district presided over b}' Judge Pratt. One county (Clackamas)
alone constituted the district of the Chief Justice. This attempted invidious circumvention
of Judge Nelson, to defeat his exercise of judicial functions, found its provocation in the
alleged fact that the Judge had avowed a predetermination to ignore all laws passed at
Salem at that session. Whether he so unwisely and injudiciousl}- talked, or even
326 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
entertained the thought to prejudge matters liable to come before him for judicial
construction, need not be inquired into. Suffice it to say that, consistent with the ruling
as to the legal seat of government made by the quorum of the Supreme Court of Oregon,
who held the term at Oregon City (December, 1 851), it would have been his dut}- as a uisi
/>r/«.s' judge, to follow the decision of that higher court; doing so, he must have so held.
The knowledge that such decision, as to the laws enacted at Salem, must logically follow,
if any question as to such laws should arise, probably gave origin to the accusation of
judicial bulldozing, or injudicious, nonjudicial prattle ; but, whether truly or falsely made,
it afforded no justification for thus indirectly and humiliatingly defeating the performance
of judicial duty by one lawfully clothed with the ermine. Again Judge Nelson, a
gentleman of high personal character and admitted learning, was entitled to respect from
a co-ordinate branch of the government; nor was the assembly a competent tribunal to
punish him, surely not without trial ; nor was such a scheme a proper punishment for
any supposed official delinquency. It was quite earl}- enough to have consigned a man to
Coventry, to have declared a judge incompetent or unworth\', after he had made a decision
which exhibited abuse of his exalted trust, when selfishly or mercenarily he had
wrongfully decided, governed in such wrongful decision by personal prejudice rather than
by honest conviction.
At that session, several new counties were established. The northern part of Lewis
was set off. When reported, the act contained the name " Simmons," in honor of the
pioneer American settler in the Puget Sound basin ; that name gave place to Thurston,
a legislative tribute to the memor}^ of the first delegate. Douglas and Jackson counties
were formed of territor}' cut off from Umpqua ; but for judicial purposes the}- continued
attached to the old count3^
Columbia Lancaster, who had been elected to that legislature as councilman for all
the territory north of the Columbia river (all of what shortly afterwards became
Washington Territory), repaired to Oregon City; and, upon the day fixed by law for the
meeting of the Legislative Assembly, he organized a council of one. He was unanimou.sly
elected its temporary' President. He caused all offices of that branch to be filled. Day
after day, until December 17th, that council of one met and adjourned. Solitar}- and
alone, that faithful legislative Wilkins Alacawber waited for something to turn up, —
awaited the coming of his brother members. But they came not to his council ; neither
did he go to theirs. On the 17th of December, he adjourned. The clerk of that council
kept a faultless, faithful record. The entries were brief, but the}- told how promptly and
regularly he met and as promptly he adjourned (i). The Oregon City House opened on
the first of December; present, Messrs. W. T. Matlock and A. E. Waite. Mr. Matlock
was declared Speaker ^/-i* iev/. Those two were subsequently reinforced by the attendance
of Mr. Kinney of Yamhill and General Daniel F. Brownfield of Lewis. On the ninth,
Mr. Waite secured leave of absence. At the afternoon session, two o'clock, Wednesda}-,
December 17, 1851, the record reads :
" The House met pursuant to adjournment. The House was called to order b}? the
Speaker ; present Messrs. Matlock, Kinney and Brownfield. There not being a quorum
present, on motion of Mr. Brownfield the House adjourned sinedicy
The " late two presiding officers//-*? /rw," as they sign themselves, drafted, and in their
official character .signed, a memorial to Congress (2). Said they : "There is no spot
(1) House Miscellaneous, Thirty-second Congress, first session. No. lo.
(2) House Miscellaneous, Thirtj'-second Congress, first session. No. 14.
MINORITY OF LEGISLATIVE ASSEMBLY AT OREGON CITY. 327
within the government domain presenting so man}' barriers and obstructions in the way of
approach and intercommunication between its different parts as Oregon. The surf of the
Pacific is lashed into one unbroken line against the base of the Coast Range of mountains,
while they shut in the eden of Oregon, and present one dark outline of unbroken and
impassable barriers on the west, creating a solitude which is felt, but which cannot be
expressed. It is true that the Columbia river, like the principles of civil and religious
equalit}', with wild and unconquerable fury, has burst asunder the Cascade and Coast
Ranges of mountains, and shattered into fragments the basaltic formations, thereby
opening a communication into the interior of about two hundred miles; and that a few-
other places have been found south, along the coast, which in time will be reached at great
labor and expense; j-et the present wants and necessities of the inhabitants of the whole
territory require aid, protection and securit}-." .
This eloquent preamble was followed by prayers : That territorial council representation
be increased from nine to fifteen ; that necessary fortifications and defenses be erected
at the mouth of the Columbia river; that a military road be constructed from Puget
Sound to the Columbia river, thence up the Willamette river to Umpqua valley; that
the navigation of the Willamette river be improved ; that bounty land be granted to
volunteers who had served in the Cayuse war, that pensions be granted to wounded and
disabled survivors of that war, and to the widows and heirs of tho.se who fell in that war;
that a competent military force be stationed within the territory, and at proper points
along the overland routes, to protect immigrants ; that an appropriation of $10,000 be made
by Congress to purchase a library to be placed in the University of Oregon.
As illustrative of the personal character of the politics of that period, Columbia
Lancaster for years was alluded to as " old basaltic formation," in derision of the " One-horse
Council," and the act of those two very respectable gentlemen in forwarding to Congress
the " Memorial of Columbia Lancaster and W. T. Alatlock, presiding officers of the
Council and House of Representatives of the Territory of Oregon."
Such was the anomalous condition of affairs. A quorum of the law-construing
power at Oregon Cit}- judicially declared that such place was the " seat of government,"
while a meager minority of elected legislators assembled there and respected judicial
decision. A quorum of the law-making power was at the same time assembled at Salem.
A dissenting minorit}- of the Supreme Court was there also giving sanction by judicial
presence and opinion, that by the operation of law Salem had been declared and was the
seat of government, the lawful place where such legislature should perform its functions.
On January i, 1852, Governor Gaines addressed a lengthy communication to the
President of the United States. He complained that Associate Justice Pratt had published
articles in the press of a partisan character, and bearing upon the seat-of-government
difficulty ; that that official was guilty of using his influence and making personal efforts
to induce members of the legislature to attend the session at Salem. The governor asked
that an investigation should be made of Judge Pratt's official conduct ( i ).
On March 22, 1852, Attorney-General Crittenden, to whom Governor Gaines' letter
to the President (January ist), wath its inclosures, had been referred, made a report (2).
Having ably reviewed the whole subject, and reiterated his formerly expres.sed opinion
that the law locating territorial public buildings was invalid, he thus recommended
congressional interposition to terminate the controversy :
(1) Executive Documents, Thirty-second Congress, first session, House of Representatives No. 94, page 30
(2) /hid., page 31.
328 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
"Thus it appears that the act of February i, 1850, for the removal of the seat of
government from Oregon City to Salem, is regarded by the governor as repugnant to the
Organic Law, and void ; that it has been solemnl}- so decided by the Supreme Court of the
territory, and that Oregon City is the lawful seat of government ; that the court is
accordingly holding its session there, and proceeding in the discharge of its judicial
duties, while a large majority of the members elected to the present Legislative Assembl}-,
adhering to the said act of the preceding Legislative Assembly, has assembled at Salem,
insists that that is the seat of government, and has there organized as a legislative body,
and has assumed and exercised legislative powers. From such a conflict of public
authorities, the most unhappy consequences can alone result. Controvers}- and confusion
and high excitement are represented as having alread}- spread through the territory ; and
these evils must increase in the course of time, if some remed}' be not applied. The
members elected to the Legislative Assembly, who have assembled and organized at Salem,
refuse all respect and conformit}- to the decision of the Supreme Court of the territory ;
and that court having decided that the meeting of the assembly at Salem was illegal, will,
as a plain consequence, regard and hold all their acts as nullities. The source of all these
troubles is the act so often alluded to, for the removal of the seat of government and other
purposes.
" Having, as before stated, given ray opinion as to the legal validity of that act iu my
letter to 3'ou of the 23d of April, 1851, I have now onl}- to refer you to that letter.
There is no other question of law involved in the case as now presented ; and therefore I
ought, perhaps, to conclude here. But you will excuse me for suggesting, that I see no
proper remedy for the state of things existing in Oregon, but that which must be
found in the wisdom and power of Congress. By its supreme authority. Congress can put
an end to the disputed question about the seat of government, and can dispose of all the
other minor or incidental questions which have sprung up and contributed to the disorder
and confusion that now prevail in Oregon. It would seem to me, therefore, to be proper for
the President to recommend such a course to Congress, and to communicate to them all
the information in his possession relating to the subject."
President Fillmore adopted the wise and judicious suggestions of his able and
conservative Attorney-General. On May 3, 1852, he sent a special message to Congress ( i),
accompanj'ing it with copies of the act locating the public buildings, the messages of
Governor Gaines, the opinion of Attorne3^-General Crittenden on the validity of the
Location Act, the opinions of Judges Nelson and Strong on the Location Act, the letter of
Judge Pratt, which contained his dissent from those opinions. Governor Gaines' letter to
the President (January i, 1852), and the report of Attorney-General Crittenden upon said
letter. The message concluded :
" If it should be the sense of Congress that the seat of government has not already
been established by the local authorities, pursuant to the law of the United States for the
organization of that territor}', or, as so established, should be deemed objectionable, in
order to appease the strife upon the subject which seems to have arisen in that territory, I
recommend that the seat of government be either permanently or temporarily ordained by
act of Congress ; and that that body should in same manner express its approval or
disapproval of such laws as may have been enacted in the territor}^ at the place alleged
to be its seat of government, and which may be so enacted, until intelligence of the
decision of Congress shall reach there."
(i) Executive Documents Thirty -second Congress, first session, House of Representatives, No. 94, page i.
HON. EMORY CFERGUSON,
SNOHOMISH, W.T.
CONGRESS DECLARES SALEM THE SEAT OF GOVERNMENT. 329
Congress immediately, by joint resolution, declared Salem to be the seat of government
of Oregon Territory, and approved the laws which had been passed at Salem during the
session of 1851-52. The President signed that measure May 4, 1852. On being advised
of the action of Congress in declaring Salem the capital, Governor Gaines issued a
proclamation calling an extra session of the Legislative Assembl}- (the members of
which had been elected at the annual election in June, 1852), to be holden at Salem
on the 26th da}- of July. At such extra session, Matthew P. Deady was elected President
of the Council, and Benjamin F. Harding, Speaker of the House of Representatives.
The governor's message informed the legislature of the action of Congress in declaring
Salem to be the territorial seat of government, but expressed doubts as to the sufficiency
or definiteness of the location. He suggested that sites for public buildings should be
selected, commissioners appointed, and provisions made for letting contracts for the
necessary buildings. The message also recommended rearranging judicial districts, and
the appointment of a code commission. The legislature, without any attempt at legislation,
on the third da}- after convening, adjourned sine die.
Through the intervention of Congress, the location embroglio was at an end. Its
force as a part}' shibboleth had been spent ; but the spirit of offensive partisanship
engendered during its continuance had arraj-ed the respective political parties bitterly
against each other.
Nor had the " Location " agitation been the exclusive firebrand in territorial politics.
When it had subsided, it gave place to renewed and more intense personal rancor against
the judges, Federal officials and those who sympathized with them or were disposed to
palliate or defend their official conduct. "Under what ' Laws of Iowa' the people lived?"
was a question which proved even a more disturbing element of social and community
peace, more vexatious and far-reaching because that interested all classes. Doubt or
discussion whether the people were living under any system of law, or whether the law
that they had learned to respect was law, or had ever been legally enacted, was a
contention which tended to render the community chaotic, not to say anarchical.
Matthew P. Deady, the erudite judge, the industrious scholar (than whom none has
labored more zealously and conscientiously to preserve the archives, traditions and facts
as to the great Northwest ; who is admiringly appreciated by a grateful people for such
invaluable labor ; who is to an equal degree recognized as authorit}' upon the history of
the region, and especially the history of its law, as he is accepted as the expounder of that
law ; who is a most truthful and reliable living oracle from whom either or both may be
ascertained and determined), has in his usual felicitous and comprehensive manner
briefly and tersely illustrated that controversy and its causes, a controversy which
continues through all of Governor Gaines' administration, as one of the foremost elements
of that prolonged, prescriptive, personal and political strife. That account is of unusual
interest. It points out the fountains of the law under which the territory lived. It
explains a feature of legislation of a most novel and eccentric character, teaches the
meaning of the " Steamboat Code," of what that consisted, and how originated that
singular name. We learn, also, about the law as contained in the " big " and " little
blue books." An event took place in metropolitan Portland in the summer of 1S85, when
that city right royally entertained at a banquet the visiting Iowa journalists. The feature
of that banquet was the speech made by the venerable judge in proposing the toast,
" The State of Iowa." That incident made the occasion for his shortly subsequent
contribution to popular knowledge of the land which is our home, a succinct but most
330 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
valuable historic notice of " Early Oregon Laws " of the " big " and " little blue books."
To have hesitated to eliminate an}' text, and substitute that oracular statement, would be
culpable in any author who desired that his readers should have the most light, the facts
best stated. Thus wrote Judge Deady ( i ) :
" They (the Legislative Committee of the Oregon Provisional government, at its
session at Willamette Falls, May and June, 1S43) also provided that 'the laws of Iowa
territory shall be the laws of this territor}- in civil, militia and criminal cases, when not
otherwise provided for ; and when no statute of Iowa territor}- applies, the principles of
common law and equit}^ shall govern.'
"The public meeting held at Champoeg, July 5, 1843, to consider the report of this
committee, adopted the same, and added thereunto a resolution called ' Article XIX,'
declaring that thirty-.seven specified acts of general nature, contained in the ' Statute
Laws of the Territory of Iowa,' enacted at Burlington in 1S38-9, and 'published by
authoi^ity ' in 1S39, should be the laws of Oregon.
" At a session of the Legislative Committee, held at Willamette Falls, June 18, 1844,
consisting of Peter H. Burnett, David Hill, M. M. McCarver, M. Gilmore, A. L. Lovejoy,
Daniel Waldo, Thomas D. Kiezer and Robert Newell, the constitution of the government
was somewhat revised b}- an act passed June 27th, which vested the executive power in a
single person, and the legislative power in a House of Representatives, to meet annually
at Willamette Falls.
" Article XIX, relating to particular Iowa statutes, was repealed, and the following
enacted on that subject :
" ' Article III. Laics. Section i. All the statute laws of Iowa Territory passed at the
first session of the Legislative Assembl}' of said territor}-, and not of a local character,
and not incompatible with the condition and circumstances of this country, shall be the
law of this government, unless otherwise modified ; and the common law of England, and
principles of equit}-, not modified by the statutes of Iowa or of this government, and not
incompatible with its principles, shall constitute a part of the law of this land.'
" And so the matter stood until the first session of the legislature after the
organization of the territory by the United States, held at Oregon City, July 16, 1S49,
when, on vSeptember 29th, an act was passed, ' to enact and cause to be published a code
of laws.' This code consisted of sevent3--two acts selected from ' the revised laws of
Iowa of 1843,' ^^'ith some modifications, together with the original acts passed at the same
session.
"The provision for its publication failed. In the spring of 1850, the newly arrived
United States District Attorney pronounced the act making the selections from the Iowa
statutes void, because it embraced more than one object, contrary to section six of the
Organic Act of August 14, 1848; and, by way of making the imputation of multifariousness
stick, he named it the ' Steamboat Code.'
" Then the question arose and vexed the country, whether the Iowa laws of 1839 or
those of 1843 were the laws of Oregon. Neither of them were published, except in the
original Iowa volumes of 1839 and 1843, copies of which were scattered about the country.
They were both bound in blue boards; and, as the earlier one was the smaller of the two,
and the contents were very near the same, they soon came to be known as the 'big' and
' little blue books.'
(i) Daily Oregonian, June 26, 1S85.
JUDICIAL DISTRICTS RECONSTRUCTED. 331
" From 1850 to 1853 the politics and 'personalities' of the country turned largely on
this controvers3^ The judges were divided on it, editors wrangled about it, orators grew
eloquent over it, until the condition between the Big-bookers and Little-bookers grew
almost as fierce as that between the Big-endians and Little-endians of Lilliput, over the
momentous question, — at which end should an egg be broken.
" In 1853 the writer, with his Iowa associates on the Supreme Bench, George H.
Williams and Cyrus Olne}-, settled the controvers}- in favor of the 'big' book; and the law
of Iowa, as contained therein, continued to be the law of Oregon, until May, 1854, when
it was largely superseded b}- the code of that year.
" In conclusion, let me say that when asked how the common law of England came
to be the law of this countr}-, I have answered that it was brought here by the pioneers
across the plains in their ox wagons, just as the colonists on the Atlantic slope brought it
with them from the mother countrj- across the ocean two hundred years ago; and I think
this brief story of the origin of our laws justifies the answer. • The English common law
and language is the birthright and heritage of the English-speaking race, and follows
them wherever they go, and under whatever flag."
The Democrac\' were greatl}' in the ascendant. The Federal officials, being appointees
of a Whig national administration, continued to be subjects of personal denunciation.
The Whig journals and leaders retorted upon prominent leaders of their political foe with
equal malevolence. The Presidential election had resulted in the elevation to that exalted
office of Franklin Pierce, the Democratic candidate. In the territory and nation, the
Democrats had achieved triumphant success. The Oregon Legislature which convened
at Salem December, 1852, was overwhelmingh' Democratic. Before it had assembled,
the term of office of Judge Pratt had expired. C. F. Train had received the appointment
to succeed him, but had not arrived, nor did he ever come to the territory. The district
over which Judge Pratt presided was much too large for one judge. That fact made it
necessary for the Legislative Assembly to rearrange the judicial districts. The new first
district was composed of the southern counties, — Umpqua, Douglas and Jackson ; and to
it, by the bill as passed. Chief Justice Nelson was assigued. The second included the
counties of Clackamas, Marion, Yamhill, Polk, Belton and Linn; assigned thereto was
A.ssociate Justice C. F. Train. The third district embraced all the territory north of the
Columbia river, and the counties of Washington and Clatsop, to which Associate Justice
Strong was assigned. A provision was inserted in the act authorizing the judges among
themselves to make a different assignment, which should take effect upon notice being
filed with the Secretary of the Territory. Under that arrangement, Chief Justice Nelson
became presiding Judge of the second judicial district.
The progress of settlement in the Puget Sound region, and, in fact, generally north
of the Columbia river west of the Cascade Mountains, rendered necessary the formation
of four new counties, set off from the north end of Thurston, and respectfully denominated
Pierce, King, Jefferson and Island counties. Acts were passed also locating their county
seats and appointing the necessary county officers. The several measures providing for
the location of the territorial public buildings were amended. A board of building
commissioners was constituted. The governor was made cx-ojficio treasurer of the several
building appropriations, with power to disburse only upon the order of the respective boards.
A number of important memorials to Congress, for appropriations for the aid of military
roads, improvements of rivers and building of lighthouses, were passed. Notable among
them were : For a military road from Scottsburg to Rogue river ; for a military road from
332 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Fort Steilacoom across the Cascade Mountains to Fort Walla Walla ; for an appropriation
for the survey of the boundary line between California and Oregon ; for the improvement
of the W^illamette river ; for lighthouse and buoys at the mouth of the Umpqua river ;
and for a custom-house at Umpqua. The most important memorial, perhaps, was a prayer
for the division of the territory, the setting off of the territory north of the Columbia
river, to be organized as a new territorial government, to be named Columbia.
General Lane, the delegate, was eminently successful in promptly securing the
passage by Congress of a number of measures responsive to the memorials of the
Legislative As.sembly. Among the congressional appropriations made was the sum of
$75,000 for the expenses of the Cayuse war. The President was authorized to designate
ports of delivery in Umpqua and Puget vSound collection districts. An appropriation of
$20,000 was secured for a military road across the Cascade Mountains from Fort
Steilacoom to Fort Walla Walla, and a like sum for a military road from Umpqua valley
to the Rogue river. The act to establish the territorial government of Washington,
passed in the latter da3-s of the second session of the Thirty-second Congress, was
approved March 2, 1853. It provided that all that portion of Oregon Territory lying
north of the Columbia river, from its mouth to its intersection by the forty-sixth degree
of north latitude, and said parallel continued to the summit of the Rocky Mountains, be
organized into and constitute the territor}- of Washington.
M. L.CMAMBERLIN ,
SALEM , OR .
HON. JAMES O.BURNETT,
MYRTLE CREEK, OR
Chapter XXXVIII.
(1850-1853.)
Exclusive Reference to Historic Acts North of tlie Columbia lliver Explained
Legislative Representation —United States Census, 1850 — Status of Settlement
North of the Columbia at that Date— Historic View of Progress of Settlements
upon the Banks of the Columbia — Incubus to Settlement of Vancouver —
Conflicting Claims to Site — Settlements North of River, and North of Oljinpia
— Edmund A. Starling, Indian Agent, Puget Sound District — The Collection
District of Puget Sound Established — Arrival of Revenue Officers — Disastrous
Expedition of Gold Hunters to Queen Charlotte's Island in Sloop Georgianna
— Wreck of Sloop — Passengers Taken Captive by Hydah Indians — Ransom of
Captives — Seizure of Steamer Beaver and Brig Mary Dare at Olympia — First
Term of District Court at Olympia — First Commemoration of Indepj'udence
Day at Olympia — Division of Territory — Monticello Convention — Congress
Establishes the Territory of Washington.
I^HE Columbia river, so eminently adapted for a natural boundary between separate
commonwealths, had so cut off from the Willamette valley the territor}' and
communities lying north, that the early necessary division of Oregon Territory by that
river was a spontaneous opinion which gathered strength with the growth of both sections.
Through all the early history of Oregon, the denizens of the Willamette valley had looked
upon the territory north of the Columbia river as a distinct section, and had learned to
regard that river as the ultimate boundary of the future State of Oregon. There was but
little of interest in common between the two sections. The routes of travel between them
retarded close intercommunication ; nor could the political needs and purpose of those
dwelling upon Puget Sound, or even iipon the line of travel pursued between the Columbia
river and the Sound, be subserved by connection with the centers of population or business
in the Willamette valley. Naturallj' and necessarily, those inhabiting the Sound basin
must depend niainU' upon San Francisco (then the distributing point on the Pacific coast)
for their supplies ; and as Northern Oregon exportations, consisting of lumber, piles and
timber, went to that port by way of the Sound, and Strait of Juan de Fuca, upon it they
must depend for supplies instead of upon an inland emporium on the Columbia river.
Hence Northern Oregon communities were not only practically isolated b}- position, but
also by the channels of transportation and tlie diversity of commercial interests. Until
the closing days of Governor Gaines' administration, that northern territory was generally
spoken of as Northern Oregon or the " Sound Countr}'." Although, upon the north bank
of the Columbia, settlers had located and settlements been formed, yet, in the main,
communities were established near or upon Puget Sound (i),or were within an area
(0 Puget boiiiul has tlie same meaning here as in the Act ol Congress approved February 14, 1851, establishing the Collection District ol
Puget Sound, that is to say, that great inland sea, not inaptly called the Mediterranean of Northwest America, embracing Puget Sound, properly
sooUed, Admiralty Inlet/Hood's Canal, Strait of Juan de Fuca, Gulf of Georgia, and the numerous tributary bays and inlets.
( 3:33 )
334 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
adjacent to the trail or road from the Columbia river, <■/« Cowlitz river and Cowlitz
Landing, thence across the portage to the head of the Sound, already known as Oh'mpia.
Those little nuclei of future Northern Oregon communities, mere embr3'0 towns
rejoicing at that period only in names, were completeh' independent of and isolated from
the Willamette valle}-. In fact, Northern Oregon progress or colonization has its own
peculiar history, requiring separate narration. It would have been quite impossible to
have presented, succincth" and intelligently, the annals of Puget Sound settlement
blended with the current history of older communities south of the Columbia, which
cxclusivel}' affected the residents of the Willamette valley. It would have proved a
profitless task to have attempted tracing together events happening, 'tis true,
contemporaneously, 3'et entirel}' dissimilar in character, and solely of interest to the
inhabitants of the one region : one class being those which purely pertained to the
primitive location of sites for future communities, — acts predicating future provincial life ;
the other, the proceedings of already established communities executing governmental or
political functions. Such an attempt would have dissipated the consistenc}- of narration,
and marred the symmetrv of the annals of each ; and the accurac}- of statement would
have been defeated. Hence the necessity now to recur to events north of the Columbia
which had happened during the Gaines administration. Thus will be chronicled, since
1850, the progress or advent of population to northern Oregon, till such growth had
demonstrated that the time had arrived for the division of Oregon Territorj', — an advent,
as already claimed, foreshadowed by the topography of the region, and inevitable from
the very nature of things. In that labor, it will be quite impracticable, within the limits
of this work, to detail the annals of each locality (i). Nor can the narration be strictly
chronological. A historic view of the centers of population of Northern Oregon, and their
development at the period of territorial division, must suffice ; for such is the real aim of
this chapter. To that end, those localities which have attained to such importance as to
have secured prominence, or to have conferred identity, will be briefly adverted to, and
their progress detailed. Frequentl}- it will have been necessary to carr}- these local annals
beyond the time when territorial division had been consummated, when the particular
settlement had ceased to be within the territory then named Oregon.
Shortly after Governor Lane's assumption of executive duties, it will be remembered
that he issued a proclamation districting Oregon Territory for the election of members of
the first territorial Legislative Assembl}-. By that proclamation, all of Oregon Territor}'
which subsequently became Washington, that is to say, all of Oregon north of the
Columbia river, together with Clatsop county, formed one Council District. Lewis count}-,
then the northern part of the territory h'ing west and north of the Cowditz river, constituted
a Representative District. It may be remarked that Samuel T. McKean, of Clatsop, at
the election in June, 1849, was elected councilman. Michael T. Simmons was the first
representative of Lewis county.
By the United States census of 1850, the total number of white inhabitants north of
the Columbia river was 1,049. ^^^ Lewis county had been erected 146 dwelling-houses,
occupied by that number of families. Thirteen pupils attended school ; but, as shown by
the official record, twenty-three pupils at some time within the year preceding had attended
school. The total sum, including taxes collected, expended in education, amounted to
(1) Niinierous letters and historic statements have been received as to neighborhoods, pedigrees of pioneer settlers, etc., "claiming that they
deserve a place in the history;" and so they do. .^n appendix to contain them all would be larger than the limits allowed for this work. Perhaps
those statements, antohiojjraphical and otherwise, would be as entertaining to the general reader as the text; but, as the author dare not substitute
thcuj, he will not mar them by attempted condensation.
CONFLICTING CLAIMS TO SITE OF VANCOUVER. 335
five hundred dollars. In Clark county the families numbered ninety-five, with a school
attendance of eleven. That census also demonstrated that, at that date, the British
or Hudson's-Bay-Company element of population greatly preponderated in Xorthern
Oregon.
The incidents of the pioneer settlements at the head of Puget Sound have been
narrated in preceding pages. lu the winter of 1849-50, Messrs. Isaac N. Ebey, B. F.
Shaw, Edmond Sylvester, George Moore and Jackson purchased the brig Orbit. She
arrived at Olynipia January i, 1850, when Colonel M. T. Simmons purchased the interest
of Jackson. She loaded with a cargo of piles for San Francisco. The Orbit was the first
American vessel hailing from and owned at Puget Sound.
A retrospective glance at Northern Oregon settlements at that period (1850-3) is full
of interest. \"ancouver (then Fort Vancouver) was the most historic of all Oregon towns
north of the Columbia river. Since 1824 it had been the headquarters of the Hudson's
Bay Company west of the Rocky Mountains. That company still continued in possession
under the treaty of June 15, 1846, by which they had been guaranteed their possessory
rights. It was claimed that since 1838 it had been a missionary station of the Roman
Catholic Church, nominated the St. James Mission. Here had been erected a church of
that name ; and here the priests of that faith had ministered to the native population and
to the emplo3-es of the company (i). Here also an United States militarv post had been
established, and a military reserve declared by order of the War Department (2). A section
of the land was also claimed under the Land Law of the Oregon Provisional government
by Amos M. Short, an immigrant of 1845, \vhose family had resided upon the land since
December of that year. In May, 1847, he had built a house upon the tract and cultivated
a number of acres. In the latter part of that year, servants of the Hudson's Bay Compau}'
had ejected him (3). In 1848, Peter W. Crawford had survej^ed the same tract for Henry
Williamson, who had also claimed the land under the Oregon Land Law. After
having filed the requisite notice, he went to Indiana for his famil}-. On his return, finding
Short in possession, he abandoned the controversy and went to California. Under the act
of May 23, 1844, the county court of Clark county, July 3, 1850 (4), made the following
location of a quarter section : " Commencing at a balm of Gilead tree on the north bank
of the Columbia river marked 'A. M. S.', thence along the east line of Amos M. Short's
claim, one hundred and sixt}' rods, thence due south to the Columbia river, thence along
the bank of said river to the place of beginning, excepting thereout the inclosures of the
Hudson's Bay Company." Such townsite was platted; and a number of blocks and lots
were sold, and improved by the purchasers.
(i) The Roman Catholic Mission of St. James (the name of the little church then at Fort Vancouver) subsequently claimed six hundred and
forty acres under the second proviso of the first section of the Organic .\ct of Oregon, approved August 14, 1848; " That the title to the land, not
exceeding six hundred and forty acres, now occupied as missionary stations among the Indian tribes in said territory, together with the
improvements therein, be confirmed and established in the several relig'ious societies to which said missionary stations respectively belong."
This proviso in the same language was incorporated in the Washington Organic Act, approved March 2, 1S53, with the additional phrase, "or
that may have been so occupied as missionary- stations prior to the passage of the act establishing the territorial government of Oregon," which
phrase is inserted after " territorj- " and before "together."
I'he merit of the Roman Catholic claim to any portion of Vancouver as a missionary station is based upon the acts narrated in a previous
chapter, entitled "Roman Catholic Mission."
(2) The claim by the United States for a military reservation rests upon the following facts :
In May, 1S49, Major Hatha wav, U. S. Army, leased of the Hudson s Bay Company sufficient buildings for garrison purposes, officers' quarters,
barracks, etc.. with free privilege of adjacent lands unoccupied bv the company. In May, 1850, by order of General Persifer F. Smith, commanding
the Pacific Division, under directions of the War Department, Colonel W, W. I.oring, U. S. Army, declared a reserve of four miles square. This
large reserve was subsequently reduced. An .\ct of Congress, approved February 14, iS,S3. had limited military reserves to six hundred and forty
acres. On the 29th of October, 1S53. the War Department ordered that the Vancouver reserve should conform to the requirement of that act ; and
Colonel UonneviUe. I'. S. .\riiiy, then in command (December s, l^53), re<luced the reserve to the legal <iuantity.
l-,i The equities of the heirsatlaws of Amos M. Short are briefly set forth in the "Decision of the Surveyor-General of Washington
Territory (Dr. .■^nson G. Henry), 1862," page 14. It shows a persi.stcnt eflort to hold the claim from the time of filing in 1S45 till his death, January
19, 1S53. ' He was twice forcibly ejected by the Hudson's Bay Company, and once by a judgment of court. In his absence, his family were pl.accd
in a boat and sent adrift down the Columbia, .\gain. in defending his place. Dr. G. Gardiner and a Kanaka servant, who were attempting to eject
him. were slain l.\pril 5. 1S50I. Technically, under the Donation Law. he had forfeited his right, because he had failed, before his death (January
19, 1S53), to notify the Surveyor-General, as required by the Donation Law.
(4) The county record shows that, instead of locating under the first section of the act of May 2J, 1S44, for relief of the citizens of towns, the
county authorities of Clark county located really, under the act of March j6, 1824, a quarter section of land for the county seal of Clark county.
336 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
A more complicated conflict of claims calculated to cloud title could scarceh- be
imagined : Possessory rights of a foreign corporation present under a mere license of trade,
which expired b\' its own limitation within a decade ; claims of a religious denomination
for a missionar}- station, where missionar_v services had been performed before the
sovereignty of the soil had been determined ; the government asserting its right of
reservation for militar}- purposes ; private claims ; the county or municipal authorities
seeking relief for citizens, or seeking to secure necessary ground for municipal purposes (i).
Yet, with this hj-dra-headed niaibns driving awa}- investment, ^'ancouver, possessing from
its location many natural advantages, also perhaps the most beautiful and attractive
townsite, had secured considerable population. Naturally, it had become the adopted
residence of man}- retired emploj-es of the Hudson's Baj' Compau}-, and discharged United
States troops whose terms of enlistment had expired. Other immigrants had settled there;
and it had already become the center of a farming settlement.
East of Fort Vancouver, several emplo3'es of the Hudson's Bay Companv, as
individuals, had taken claims under the Oregon Land Law. A trading-post had been
established at the Cascades. On Baker's Bay, Shoalwater Bay, Gray's Harbor and
at Cowlitz Landing, embryo towns had been commenced, some only in name, but
all confidently predicting early future development. Hon. Columbia Lancaster, of the
immigration of 1847, ^^ early Supreme Judge under the Provisional government, later
Washington's first delegate, had with his famil}- removed from Willamette to the Lewis
river. William Dillon, in 1849, 1^^<^ established a ferrj- on the north side of the Columbia,
to the opposite shore near the mouth of the Willamette river.
Jonathan Burpee had first located on the Kalama river, but had removed to the
Cowlitz. These were all the white families at that date (1850) who had settled between
Fort Vancouver and the mouth of the Cowlitz. Upon both sides of the latter-named
river were a number of famil}^ homes made by Seth Catlin, Peter W\ Crawford, Mr. West,
Henry D. Huntington, Nathaniel and David Stone and Royal C. Smith.
Oak Point (proper) was located upon the south side of the Columbia below the
mouth of the Cowlitz river, from the circumstance of an oak-tree grove near the bank.
Immediately opposite, on the north bank of the Columbia, there entered a little stream, to
which had been given the name of Oak Point river. Upon its bank, a saw-mill was in
course of erection in 1S48 for the firm of Abernethy & Clarke. Late in 1S4S, that mill
commenced running. Alexander D. Abernethy (a man so justly endeared to every old
settler of Oregon and Washington, long one of the most prominent and respected citizens)
was the resident partner. It long continued to ship cargoes of lumber to San Francisco
by a line of vessels making regular voyages between the Columbia river and San
Francisco. At Cathlamet, a short distance below, was the residence of James Birnie,
retired from the Hudson's Ba}- Compan3-'s service, who had settled there prior to the
treaty of 1846. Pacific City had been laid out by Dr. Elijah White on the claim of James
D. Holman ; and there was also an active settlement at Chinook, on the lower Columbia.
Those promising places, with the presence of other settlers near the mouth of the Columbia
river, caused the Oregon legislature, on the 4th of February, 185 1, to pass the act
(I) Such cloud upon the title of lot-lioldcrs continued or years. The contest between the several claimants was waged in courts, in the
several land-offices, in the Deijartnient of the Interior, and in Congress. A partial settlement of the matter relieved lot-owners and purchasers by
the isstiance of a jjatent Noveml)er 3. 1S74. under the law for relief of the inhabitants of cities and towns upon the public lands, approved March
2. i^*);, to tile mayor of the city of Vancouver, in trust for the several use and benefit of the inhabitants of said city. The Washington territorial
legislature passed an act to prescribe regulations for the disposal of lots in the city of Vancouver, and the proceeds for sale thereof, approved
November 11 1S75, which act authorized conveyances to be made, cnid legalized the title to the grantees. The contest between the mission and the
Vniled States, as to their military res rve, and' as to the extent of the mission grant, decided by the Supreme Court of the territory adversely to
the mission, has been appealed to the Supreme Court of the United States, where it is now pending.
'■*»K.v .
HON. G. V. CALHOON, M.D.
LA CONNER, W. T.
SETTLEMENTS NORTH OF COLUMBIA RIVER AND NORTH OF OLYMPIA. 337
establishing Pacific couuty by setting off from Lewis county, " the territory commencing
at Cape Disappointment, following the Pacific coast twenty-five miles, thence due east
thirty miles, thence south to the Columbia river, and down its channel to the place of
beginning." The apportionment law gave Clark and Lewis a joint member. Clatsop and
Pacific were constituted a representative district. The council district was not changed.
It was in 1851, before settlers had made their appearance on Shoal water Bay. In 1850,
Charles J. W. Russell, who had been engaged in trade at Pacific City, carried from
Astoria, Oregon, by steamer to San Francisco, a lot of oysters. During that year. Captain
Feldstead had also made an unsuccessful venture to sliip a cargo of oysters to San
Francisco. The next j-ear (1851), the oyster trade attracted a number. There were also
parties engaged in cutting piles and timber on the banks of those small rivers which
empty into the northeast portion of the bay. Reference has already been made to the
Bruce Company, who operated at Shoalwater Bay in 1850, and in subsequent years.
On January 10, 1851, Captain Lafayette Balch, in the brig (ieorq-e linirry^ about
inaugurating a regular trade between San Francisco and Puget Sound, took the claim at
Lower Steilacoom, dedicating it as a townsite, conferring upon it the name of Port
Steilacoom, after the name of the creek immediately northward of the tract (the creek
upon which shortly afterwards was erected the mill of Thomas M. Chambers). The
frames for his warehouse, store and residence were on his vessel; and the erection of those
buildings was immediately commenced. John B. Chapman, an old attornej'-at-law from
Indiana, together with his son John M., settled, October 31, 1851, upon Steilacoom Point,
adjoining the Balch site. A half section was located in the name of the son, was platted
as a town, and nominated Steilacoom City. A few years later, the Balch and Chapman
towns had become sufficiently consolidated to be spoken of under the general name of
Steilacoom.
On February 10, 185 1, Dr. Richard H. Lansdale went in a canoe from Ol3'mpia to
Oak Harbor, on the east side of Whidby Island, and there made his first location. In the
following summer, a number of horses, the property of William Wallace, w^ere landed at
Oak Harbor by Asher Sargent, then of Olympia ; and Wallace and his family took a
Donation claim at Crescent Harbor, which name had been conferred by Dr. Lansdale
within the year. Dr. Lansdale was joined at Oak Harbor by Martin Taftson, Clement
W. Sumner and Ulric Friend. The Doctor returned to Olympia to winter, where he
resumed his duties as justice of the peace for Lewis county (which included Whidb)-
Island until the session of 185 1-2 of the Oregon legislature, when Thurston county was
set off, the latter embracing the island). A scow having been built for the purpose, in
March, 1S52, Dr. Lansdale assisted in the transportation to the island of the families of
Walter Crockett and Colonel Isaac N. Ebey, who had arrived at Olympia in the early
winter of 185 1. Colonel Walter Crockett was a native of Virginia, of which state, in his
early manhood, he had been a prominent citizen. With a large family of children and
grandchildren, which constituted a little colony in itself, he, together with them, made a
permanent settlement on the island. Isaac N. Ebey, a lawyer by profession, had for
several years been a leading citizen of the Sound country. He was a member of the
Oregon legislature at the last session before the division of the territor\-. He it was who
drafted and secured the passage of the memorial of that body praying for the establish-
ment of the territorial government of Columbia. When Washington became a separate
territory, he became still more prominent for his active zeal and energy. Many offices of
honor and trust were filled by him, among which was that of collector of customs of the
338 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
district of Puget Sound. He was perfidiously and cruelh^ murdered on August 12, 1851,
by a band of Russian Indians called Kakes or Kikans, who inhabit the northwestern side
of Kufrinoff Island, near the head of Prince Frederick's Sound. They severed his head
from his body, and carried it to their northern home as a troph}- of their murderous
malice. His head was subsequenth' recovered through the intervention of the British
authorities. The band who committed this nefarious deed was led by the brother of an
Indian who had lost his life in the spring of that 3'ear at Port Gamble, when the U. S.
steamer Massachusetts had dislodged the hostile northern Indians then camped at that
point, and compelled them to leave the Sound.
Dr. Lansdale did not return to his Oak Harbor home, but changed his residence to
Penn's Cove. Colonel Ebe^' took the tract opposite the bar of Port Townsend, since and
still known as Ebey's Landing. In the spring of 1853, the brig Cabot^ Captain Drydon,
direct from Portland to Penn's Cove, brought a number of families, among whom were
those of James Buzby, Dr. J. C. Kellogg and the late Reuben L. Doyle. This settlement
was one of the most prosperous on the Sound.
About the middle of September, 1S51, Henry Van Assalt, Jacob IMaple, Samuel
Maple and Luther M. Collins selected claims on the Duwamish river a few miles from the
site of the city of Seattle, and commenced their residences there on the 26tli of that
month. About the latter date, John N. Low, Lee Terr}-, David T. Denny and Captain
Robert C. Fay arrived at Alki Point. Low and Terr}- located claims at the point. On
the 28th, Dennv and Terr^^ laid the foundation for a house. Low returned to the
Willamette for his family. On the 5th of November, the schooner Exact, Captain Folger,
sailed from Portland for Puget Sound, and for the newly discovered gold mines on Queen
Charlotte's Island. A number of settlers came as passengers. On the 13th of November,
she landed Arthur A. Denny, William N. Bell and Carson D. Boren, and their families,
and Charles C. Terrv. The little settlement at .\lki Point, named New York, numbered
twenty-five, twelve of whom were adults. Among the passengers b}- the lixact were James M.
Hughes, who settled in Steilacoom, Daniel R. Bigelow, who located at Olympia, H. H. Pinto
and family, who settled at Cowlitz, John Alexander and family, and Alfred Miller, who took
claims on Whidby Island. The Alki Point colonists soon finished the house of which the
foundation had been laid ; and other houses were built for the families of Messrs. Bell
and Boren. The brig Lconcsa, Captain D. J. Howard, soon after arrived. Desiring to
purchase a cargo of piles for San Francisco, as the Alki settlement had no team, Lee
Terr}- went to Pu3-allup, purchased cattle and drove them along the beach to Alki Point.
On the i8th of Februar}-, Messrs. Arthur A. Denny, Bell and Boren crossed over Elliott's
bay, and, at the site of the present city of Seattle, located their three claims in one
body, the southern boundary being fixed at what is now the head of Commercial
street in that city. The claims extended north to where the claim of D. T. Denny
afterwards joined. Dr. David S. Maynard arrived on March 31st at Alki Point. It had
been his design to establish a fishery to pack salmon. On April 3, 1S52, he moved over to
Seattle and was persuaded to remain.
In October, Henry L. Yesler arrived, seeking a site for a steam saw-mill. To induce him
to remain, tlie first settlers so changed the lines of their respective claims as to enable him
to secure an eligible location with a proper share of water front. On the 25th of May,
1853, the two plats of the town of Seattle were filed in the auditor's office of King county,
the first by Messrs. Denny and Boren and the second by Dr. David S. Maynard. In 1S53,
John N. Low sold his claim at Alki Point to Charles C. Terry. Lee Terry returned to
SETTLEMENT OF PORT TOWNSEND. 339
New York. On the iSth of April, 1855, Edward Lander, the first Chief Justice of
Washington Territory, and Charles C. Terry, purchased the front half of the Carson D.
Boren Donation claim.
On December 5, 1850, the brig George Emery ^ Captain Lafayette Balch, arrived at
Neah Ba}' from San Francisco. Among the passengers were Alfred A. Plummer, Charles
Bachelor, William Wilton, George O. Wilson and Gilbert Wilson. Captain Enoch S.
Fowler was mate. She sailed to Olympia to procure a cargo of piles on Budd's Inlet.
Plummer, Bachelor and Wilton stopped at Steilacoom creek, where the brig was loading.
Upon Balch's return, he made his location at Port Steilacoom (January 10, 1851).
Plummer and Bachelor remained at Port Steilacoom until April. At that time, and upon
the suggestion of Captain Balch, Messrs. Plummer and Bachelor went to Port Townsend ;
and, upon April 24, 1S51, Mr. Plummer commenced the settlement of Port Townsend.
His claim fronted upon the beach around to Point Wilson, and then inland sufficient to
embrace a section of land. Bachelor's claim adjoined. In the fall. Port Townsend was
visited by Francis W. Pettj'grove and Loren B. Hastings from Portland via Olympia.
Each located a claim, the two adjoining those of Messrs. Plummer and Bachelor, and
then returned to Portland. On January 16, 1852, Hastings purchased the pilot-boat i^/«;j
Taylor^ sixty tons burthen, and advertised for passengers to Puget Sound. She sailed
hither February 3d, bringing Hastings and famih', Pettygrove and famil}', Benjamin
Ross and family, David Shelton and family, Thomas Tallentire and family and Smith
Hays. The Mary Tay /or arrived at Port Townsend the 21st of Februar}'. On the beach
at that date were Alonzo M. Poe, Henry C. Wilson, A. B. Moses, B. J. Madison and
William W^ilton. The families of Messrs. Hastings and Pettygrove landed the next da}'.
The remainder of the passengers proceeded to Olympia. Of those present at Port
Townsend beach at that time was Henry C. Wilson, who had selected his claim on the
bay, and notified upon it in August, 1850; but he had continued clerking for Captain
Balch, and did not make actual residence until after Mr. Plummer had commenced to
reside on the place taken by him. Bachelor and the others named did not settle at Port
Townsend. IMessrs. Plummer, Pettygrove and Hastings each contributed, and together
laid out the citj^ of Port Townsend in June, 1852. Henry C. Wilson, appointed V. S.
inspector of customs, made his official headquarters at Port Townsend. The U. S.
surveying steamer Active visited Port Townsend in July. Her presence contributed
much to quiet the natives, who had grown quite insolent, and but shortly before had
forbidden the cultivation of the soil by the settlers. On the 29th of September, the brig
James Afarsha// brought a load of cattle from Olympia, and sailed November 5th, taking
from Port Townsend the first cargo of piles and lumber. She was followed during the
winter by the brig U'eIIins;sley, Captain John Gibbs, and the bark Anic/ia, Captain
Caines. Among the accessions to the population during 1852 were Judge Albert Briggs
and famil}', who took a claim upon the bay.
In the fall of 1S52, Captain William Battle, under a contract with the Hudson's Bay
Company to furnish timber at Fort \'ictoria, \'ancouver Island, from Lopez Island had
crossed over to Bellingham Bay in search of suitable trees. As he and his companions,
Messrs. Morrison and Thomas, walked along the beach, they observed seams of coal. At
once they located adjoining Donation claims of one hundred and sixty acres each, fronting
upon the bay. Pattle took the northernmost claim, next south of the present town of
Sehome. Morrison and Thomas located south of him in the order named. These claims
were shortly afterwards leased to a San Francisco company, who dispatched to the bay
340 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
their superintendent, Captain William A. Howard. On the IMorrison claim, a vein named
"mamoosie" was opened; one hundred and fift}' tons were taken out, when the enterprise
was abandoned. A vein on the Pattle claim was also opened, but no further attempt was
made to develop it. Bellingham Bay coal, however, acquired its reputation from the mines
between what shorth' afterwards became the sites of the towns of Sehome and Whatcom,
the discovery of which in the fall of 1853 was made by Messrs. Brown and Hewitt. A
large fir tree having blown down had laid bare the vein. Those mines, upon claims taken
b}' their discoverers shortly subsequent, were purchased b}- the Bellingham Bay Coal
Company, of San Francisco, for whom Colonel Edmond C. Fitzhugh (afterwards Associate
Justice of the Supreme Court of Washington Territorj^) was resident manager and
superintendent for several \-ears. In December, 1S52, Captain Henr}- Roeder and his
partner, Russell V. Peabody, at Port Townsend met Captain William Pattle, the first
discoverer of coal at Bellingham Ba^-. He informed them of the coal discover}', the
exhaustless timber and valuable water-power on the bay. Roeder and Peabod}- immediately
went there and located claims on Whatcom creek, erected a saw-mill and built a schooner.
On the claim of Roeder, a vein of coal was discovered from which, in July, 1854, sixty-five
tons were mined and shipped to San Francisco. Bellingham Bay settlements were
immediately increased by the taking of claims by Alonzo M. Poe, Edward Eldredge,
William Utter, John Bennett, David Harris, Ellis Barnes and others.
Soon after the minority- legislature had closed its brief session at Oregon Cit}- (1S51-2),
General Daniel F. Brownfield, the representative from Lewis county in that small body,
became the first white settler at New Dungeness. He was followed within the 3-ear b}-
B. J. Madison, Charles M. Bradshaw, J. C. Brown, John Thornton, Elliot Cline, S. S. Ervin,
Captain E. H. McAlmond, Daniel Smalley, G. H. Gerrish, Thomas Abernethy and others.
Prior to 1852, most of those settlers who had found their way to Puyallup valley, and
to the plains back of Steilacoom, were either retired servants of the Hudson's Bay Company
who had been in the service of that company at Fort Nisqually, or emplo3'ed in herding
by the Puget Sound Agricultural Company, or discharged United States soldiers who had
completed their terms of enlistment. In the spring of 1852, Nicholas Delin located his
Donation claim at the extreme head of Commencement Ba}', within what are now the
corporation limits of the city of Taconia. Earh- in the spring of 1S53, a partnership was
formed by Delin, Colonel M. T. Simmons and Smith Hays to build a saw-mill on Delin's
claim and one upon Skookum Bay. The builders were Stephen Hodgdon, Cortland
Elhridge and James Taylor. That party arrived at the millsite April i, 1853. The}- cut
the frame timbers about where the present Jefferson street intersects Pacific avenue. At
that point was located an old Indian medicine-house, forty b\' sixty feet, in which they
camped. One of their workmen (Jake Barnhart) took the claim, which was subseqnentl}-
(1853) taken by Peter Judson. In the spring of 1853, the brig George Eiiiny, Captain
Alden Y. Trask, took the only two cargoes of lumber shipped from the Delin mill to San
Francisco. At that date, he found anchorage in five fathoms of water, where now the tide
land is scarcely bare at high water. The settlement of the upper Puyallup valley began
with the arrival of the immigration of 1853, which crossed the Cascade Mountains by the
Nahchess Pass. Then came the Downeys, the Kincaids, the Judsous, the Woolerys, the
Lanes, Van Ogle, the Wrights, the Morrisons, the Carsons and James Bell. Others also
came, some of whom settled in Thurston county; and some went over to the Willamette
valley. The division of Oregon early in the spring, by the establishment of Washington
Territory, had been hailed by the people of the Sound as the harbinger of an early brilliant
*;-.-5^**
\#^
JAMES UF?QUHART,
NAPAVINE, W. T.
THE "citizens' road" TO PUGET SOUND. 341
future. Effort.s were at once inaugurated to divert the overland immigration of that j^ear
to the Puget Sound basin.
In the summer of 1853, in anticipation of the overland immigration of that 3-ear, and
with the desire to induce such immigrants to come direct to Puget Sound, the citizens of
Olympia and Steilacoom, and in the vicinity of those towns, conceived the project of
building a ferry at or near old Fort Walla Walla (Wallula), to cross immigrants over the
Columbia, and thence a road z'la the Nahchess Pass of the Cascade Mountains to Pu"-et
Sonnd. John Edgar, an old Hudson's Bay Company employe, who was married to a
Klikitat woman, was familiar with the trails used b}' that tribe in crossing the mountains,
and in their travels to old Fort Walla Walla. He reported Nahchess Pass as practicable
for a wagon road. The citizens employed Edward Jay Allen, George Shazar and John
Edgar, to ascertain the practicability of the route to Fort Walla Walla, by way of that
pass. Mr. Allen reported the route practicable for wagons. The citizens and neighboring
farmers having subscribed over six thousand dollars in money, supplies and road labor,
employed Mr. Allen to build that season what was called the " Citizens' road," to go over
it, and to return with such immigrants as would come to Puget Sound.
Allen was engineer, contractor, and the soul of the enterprise. With fort}- men,
he started from the outside settlements, expending most of the labor before reaching the
summit, and built a passable mountain road through the Nahchess Pass. The eastern
slope of the mountains, and thence to the Columbia, was without material difficulty. At
old Fort Walla Walla they established a ferr}^ across the Columbia river, and placed it in
charge of Shirley Ensign, an old soldier of the Cayuse war, who was familiar with the
region. On the approach of the "immigrant train," handbills were distributed, advertising
the completion of a road direct to Puget Sound. Personal efforts were made to divert
them thither. Until they had reached the summit from the eastern side, the immigrants
met with no obstacle to easy travel. Through the mountains, a trail had been blazed, —
nothing more. Over the huge logs, bridges of small poles had been constructed, passable
for horses, but obstructions really to the passage of wagons. Fallen trees, the growth of
centuries, laid across the path. Abrupt, dangerous and steep river crossings, just as
nature had made them after her floods, had washed away the banks. To call it a road
was an abuse of language ; but over it and by it did those immigrants of 1853 travel in
their journey to Puget Sound. W^ith axe in hand after that wearisome journej- over the
plains to Fort Walla Walla, the men of that immigrant train of 1853, and the
road-building party led by Allen, hewed their way through a mountain gorge of the Cascade
Range. From the last crossing of Nahchess river to the last crossing of the Green river,
it was work. Some days they accomplished three miles ; but the}- came through with
their wagons, over a road built as they marched.
The citizens had expended about $6,600 in constructing that road. The labor by
them bestowed had been utilized b}- the United States in building a military road,
pursuant to an Act of Congress. Two sessions of the Washington Legislative Assembly
had urgently memorialized Congress to reimburse the citizen road-builders. At one
session of Congress, an appropriation bill for that purpose passed the House of
Representatives, but failed in the Senate. As stated elsewhere. Delegate Lane had secured
an appropriation of $20,000 to build a military road from Fort vSteilacoom, on Puget
Sound, to Fort Walla Walla, on the Columbia river, I'ia the Cascade Mountains. In those
days, the Democratic party were in the majority in Congress. Strict construction of the
Federal Constitution was a favorite theory; and appropriations for internal improvements
342 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
were among those tilings inhibited. While emigrant roads or wagon roads per sc could
not be constructed b}- direct aid from the general government, it was eminently proper
that roads should be supplied to transport troops and munitions of war. Therefore a road
between two forts was called a militar}^ road, and became a proper subject for government
aid. And thus it was that a road between the old Hudson's Bay Company's Fort Walla
Walla and the barracks leased from the same company, called Fort Steilacoom, secured
congressional assistance.
On May 26, 1854, the Secretary of War selected Lieutenant Richard Arnold, U. S.
Army, to expend the appropriation, directing him " to adopt the Nahchess Pass and the
emigrant road wherever the latter w^ould admit." Under instructions of Governor Isaac I.
Stevens, that officer had, early in May, made an examination of Nahchess Pass, and
traveled over the emigrant road to Fort Walla Walla. Lieutenant Arnold emplo3'ed
Edward Jay Allen, who had built the citizens' road, as contractor. He, with thirt}' men,
expended almost the entire appropriation in improving the citizens' road, where it was
most needed. Lieutenant Arnold closed his report to the Secretary of War with a request
for an additional appropriation of $10,000, and an urgent recommendation " that the
amount expended by the citizens of the territory in 1853 be refunded. The greater part
of the road cut b}^ them from Steilacoom to the mountains has been adopted ; but for
this, I do not believe the work could have been as satisfactoril}- carried forward" (i).
It has certainly become apparent that, although occasionally a straggling solitarj-
settler may have located his home in previous years at some isolated or remote point north
of the Columbia, A'et were those residences few and far between, prior to 185 1. It must
also be conceded that active and actual permanent colonization on Puget Sound, north of
Olympia, was not inaugurated until 1851. Previous to that date, except Bolton's shipyard,
north of Steilacoom, on the bay, the saw-mill of Thomas M. Chambers on Steilacoom
creek, and occasional settlements on Steilacoom plains, there were no White settlements
north of Fort Nisqually. During 1851, settlements extended to and included the
Steilacooms, the claims located on the prairies within the confines of the present county
of Pierce, Alki Point, and upon the Duwamish river in the present King count}-. Port
Townsend, Ebey's Landing, Oak Harbor and Crescent Harbor. It must be also apparent
that, in 1852, the Sound country had commenced to attract immigration, to excite attention ;
that its resources and capabilities to support population were becoming known. Early in
the 3'ear, as already stated, Seattle was first occupied as the home of American families.
During the first year of its existence, it was visited by several vessels. Between it and
San Francisco, regular voyages were being made by the brigs Franklin Adams, Captain
Felker, and the John Davis, of which Captain Plummer and A. W. Pra}' alternated as
masters. Those vessels brought merchandise and supplies, took away cargoes of piles
and hewn timber, and, late in the year, timber from the steam saw-mill of H. L. Yesler,
the first steam mill upon Puget Sound. In 1853, steam saw-mills were erected at Alki
Point, Apple-tree Cove, Port Gamble, Port Ludlow and Utsalady (2).
In aggregating data chronicling the advent of population to Northern Oregon,
exhibiting the development and growing importance of the region, the narrative has
necessaril}' proceeded bej'ond the date and chronologic order of statement of important
events, recurrence to which must now be made.
(1) Executive Dociinients, first session, Thirty fourth Congress, Vol. I, part 2, 1855-6. Report of Secretary' of War, Appendix O, page 532 el sfq.
12) In l-'ebruary, 1S53. J. J. Felt built his mill at Apple-tree Cove, which was moved to Port Madison in the spring of 1S54, and subsequently
purchased by George A. .Meigs, and enlarged. Captain William Renlon built a sawmill at Alki I'oint in the spring of iS';3, but about a veai
,-.. _ ■_ I J,.:- , — .._.. ._ ,. _. «_„. 1 ■ ^ , _ .. . .. . . . _ . _ „.,..„ Talbot
. Keller.
_ ^„ __,., ... . _. 1853,
bringing also necessary mill machinery. Port Ludlow had been taken as a site by Captains J. K. Thorudike and William T. S'ayward.
purcnasea ov oeorgc t\. ivieigs, ami eniargeti. «^apiaiii wiiiiam Kenioii nuilt a saw-mill at Alki roint in tlie spnng or ib53, out aoout a yc
afterwards changed his location to Port Orchard, and subsequently to the iiresenl location at Port Plakely. In Julv, 1S53. Captain W. C. TalV
came to the .Sound to build a saw-mill for the firm of W. C. TaUiot S: Co., composed of himself, A. J. Pope, Charles'Fosler and Josiah P. Kelt'
The latter, commanding the schooner /,. P, Fustei; arrived at I'ort Gamble direct from Boston in 154 days, with his family, September 5, 18,
DISASTROUS EXPEDITION OF SLOOP GEORGIANNA. 343
In the latter part of October, 1S51, Edmund A. Starling-, who had been appointed
Indian agent for Oregon Territory by President Fillmore, was assigned by Superintendent
Anson Dart to the territory north of the Columbia called the district of Puget Sound, with
headquarters at Fort Steilacoom. He made a very interesting report, embodying an
approximate census of the Indian tribes within his district (i), and based upon reports
made to him b}^ the chiefs and head-men of tribes and bands. The returns of the tribes
upon Puget Sound exhibited a total of 5,795 ; remaining bands west of the Cascade
Mountains, 925. He ascribed the generic name of Klikitat nation to the Indians dwelling
east of the Cascades and west of the Columbia river, estimating their number at three
thousand, and divided them into five great tribes or bands.
An Act of Congress, approved February 14, 1851, created the collection district of
Puget Sound and established Olympia as the port of entry. In May, Simpson P. Moses,
of Ohio, had been commissioned, by President Fillmore, collector, and General William
W. Miller, of Illinois, surveyor of the port of Nisqually. General Miller crossed the
plains and reached the district before the collector. On the lOth of November, Collector
Moses had arrived within the district, and took the oath of office before Henry C. Wilson,
Esq., a justice of the peace of Lewis county, and arrived, November 15th, at the port of
entry.
As the brig George Emery ^ on which Collector Moses and his family were passengers,
entered the Strait of Fuca, November 9th, the sloop Gcorgianna, Captain William Rowland,
passed her outward bound for Gold Harbor, on the west side of Queen Charlotte's Island.
During the fall, considerable excitement had been created upon the Sound by reported
rich discoveries of gold on that island. Captain Rowland, who had recently arrived at
Fort Victoria, Vancouver Island, from Australia, with his sloop Gcorgiaima, forty-five
tons burthen, obtained some fine specimens of gold-bearing quartz from Queen Charlotte's
Island, which he brought to Olympia, and advertised for passengers to that new El Dorado.
She sailed from Olympia on the 3d of November, with twent3--two passengers and a
crew of five (2). After passing the brig George Eii/ery^ the sloop continued her voyage
northward, and was driven by adverse winds eastward of the island. Though her
destination was Gold Harbor on the west side, Captain Rowland kept on his course,
intending to work through Skidegate Channel, which divides the island. On the afternoon
of the iSth of November, the sloop anchored on the east side of the island in a little
harbor, called by the natives Kom-she-wah. In the evening, two Hydah Indians, who
called themselves John and Charle}-, came aboard ; their camp was across the bay, four
miles distant. They refused to leave because of the wind, which was blowing fresh.
At midnight, it blew heavilv from the southeast; and, before daylight of the 19th, it had
blown the sloop ashore, abreast of a camp of Hydah Indians. Soon a large number from
that camp and the camp of John and Cliarle}' had collected on the beach. At noon, the
crew and passengers of the sloop had all landed from the wreck. The Indians at once
commenced to plunder from the persons of the unfortunate party. They took the caps,
weapons and such clothes as they could strip off of the sufferers. The two parties of
Indians numbered about one hundred and fifty ; and a quarrel arose between them as to
the distribution of the plunder.
(i) Report dated September i, 1852. House DocuraenLs. Vol. I, No. 71. page 460. Thirty second Congress, .second session.
(2) The following is a list of the crew and passengers of the sloop Oeotgiantia on her last voyage :
Crew : Wm. Rowland, captain; Duncan McEwen, mate; Benjamin (iibbs, Richard Gibbs, and a Kanaka cook named Tamarcc.
Passengers; Asher Sargent, E. Nelson Sargent, Samuel D. Howe. Ambrose Jewell, Charles K. Weed, Daniel Show, Samuel H. Williams,
James McAllister. John Thornton, Charles Hendricks. George A Palege, John Renilv. Jesse Ferguson. Ignatices Colvin, James K. Hurd, William
Mahard, Solomon S. Gideon, George Moore, B. F. McDonald^ — — Seidner, Sidney S. Ford, Jr., and Isaac M. Browne.
344 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Indian John had offered to shelter tlie part}' at his house, if they would abandon the
wreck. Finally a comproniise was effected, the Georgianna party offering, if John and
Charley would deliver them at Fort Simpson as soon as the weather justified, to pay a
large ransom. The beach party then received the sloop as their booty. She was
complete!}' stripped. The sacks of flour were brought out and cut, the flour being
emptied out for the sake of the sacks. The passengers were deprived of their blankets
and clothing ; but, beyond plunder, the Hydahs seemed to have no hostile intentions.
It was manifest that gain was their real motive. They were already acting upon the
belief that a large ransom would be paid for the surrender of the captives at Fort Simpson.
The Gcotgianna party crossed over to the camp of John and Charley, where they
were all assigned to a house seventy by forty feet, about twelve feet high, occupied by ten
families, each averaging from five to eight members. Their blankets had all been stolen;
but, after much persuasion, one blanket was returned for the joint use of Captain
Rowland and Asher Sargent, both of whom were old men, and were represented by their
fellow-captives as " tyees^'' or chiefs at their home. The only labor imposed was
supplying the house with fuel and water. A meager supply of Indian food was allowed.
Occasionally, in their hearing, the savages discussed the proposition of distributing the
party as slaves. Scant of clothing and at all times subject to have stolen the little
which remained, their captivity among the Hydah Indians was hard to bear and humiliating
in the highest degree.
From the first, the Indians had promised that, as soon as the weather would permit
their crossing over to the Hudson's Bay Company's Fort Simpson, the captives should be
taken to that post (i). On the 6th of December, Samuel D. Howe having been selected by
his fellow captives to make the voyage to Fort Simpson, the Indians furnished a large
canoe with a crew of seven Hydahs, who, with three of the crew of the wrecked sloop,
started on that perilous winter voyage to Fort Simpson, in quest of relief Mr. Howe
having referred to the wreck and their previous captivity, thus graphically described that
venturesome mission :
" After the lapse of eighteen days, and after much evasion, the Indians consented to
send a canoe with one of our number and three of the crew to Fort Simpson to negotiate
for our release. I was selected for the mission, and authorized to make all necessary
terms and conditions with Captain McNeil, then in charge of the Hudson's Bay Company's
post (Fort Simpson). Accompanied by Captain McEwen, late first mate of the sloop, Ben
Gibbs, a sailor, Tamaree, the Kanaka cook, and a crew of seven Hydah Indians, we set
out for that post, and safely reached it after a voyage of five days, in the dead of winter
and without blankets. The arrival of such a party, at such a time, in such a condition,
created quite an excitement among both Whites and natives.
" We were at once furnished something to eat and a change of clothing, and felt that
our suffering companions were soon to be relieved ; but in this we were sadly disappointed.
We remained at Fort Simpson about four weeks. We importuned Captain McNeil at all
fitting opportunities to send assistance to our unfortunate comrades, who invariably
promised to send canoes for them, but never made the slightest attempt at keeping his
word.
" He even required us, while waiting for him to dispatch relief to the captives, to
stand guard at night as a return for the blankets and subsistence we received at the fort.
^^'hen that kind gentleman (John A\'ork, Jr.), whom we shall always remember with
II) Narratives of Ch.irles K. Weed, Samuel D. Howe, diary of Captain George Moore, aud letter of Captain William Rowland.
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CAPTIVITY OF PASSENGERS OF SLOOP GEORGIANNA. 345
gratitude, communicated to us this order of McNeil, that we must earn these blankets by
standing guard, we told him we did not object to making ourselves useful in any manner
while there, but we did not like the compulsion of exacting service as a compensation for
the necessities to preserve us from the winter's cold or stan'ation. With the exception of
Captain McNeil, all the servants and employes of the company treated us with great
kindness and attention."
Captain Lafayette Balch, with his schooner Daman's Covi\ was at Neali Bay on the
9th of November, and had there boarded the sloop Georgiamia as she passed out seaward.
He also visited Collector Moses on the brig George E}iier\\ of which vessel he was owner.
Shortlj- afterward he sailed northward for Gold Harbor, expecting to meet there the sloop
Georgianna. He was advised of the wreck and the captivity of the passengers, but was
unable to get to them or to relieve them, and was actually compelled to leave the island
December ist, in consequence of hostile acts by the natives. He arrived, December nth,
at Port Steilacoom, and addressed a communication to Collector Moses, inclo,sing a letter
of Captain Rowland, dated November 25, 1851, in which occurred this language :
" I was cast away in latitude fifty-two degrees, fifty-two minutes, on the east side of
this island (Queen Charlotte's) on the 19th of this month, in a heavy gale of wind from
the southeast, with twenty-two passengers and five of crew from Olympia, November the
3d, and have succeeded in getting on shore. The Indians have robbed us of every
necessary and some of the clothing of our bodies ; and we are left without one blanket or
shirt to shift. Consequently, we are in a most wretched and deplorable condition ;
therefore we, all of us, do earnestly pray you, if there is any possible means to render us
any assistance, to send it as quick as possible."
Captain Balch wrote to the collector. " I am in hopes that you will take .some
immediate steps for their relief. They will undoubtedly remain on the i.sland until they
are ransomed or taken by force ; but I do not think that the Indians will attempt their
lives, their object being plunder."
Appeal was made to Captain Bennett H. Hill, First Artillery, U. S. Army, commanding
at Fort Steilacoom. To old Governor John Work, a chief factor of the Hudson's Bay
Company, then on a visit to Fort Nisqually, Captain Hill applied for information as to
the probability of relief coming from Fort Simpson to our captive fellow citizens.
Governor Work replied December 12th:
" Should the unfortunate passengers and crew be able to reach Fort Simpson, I have
no doubt that Dr. Kennedy (the gentleman in charge) will render them every assistance
in his power ; but the difficulty will be for them to get there. The shortest traverse from
Queen Charlotte's Island, east side, near its north end, to the islands bordering on the
main land, is about thirty miles, and dangerous except in fine weather. Besides, along
the east shore of the island, from where I judge the unfortunate people are, to where
the traverse is taken, is a considerable distance; and from the want of shelter and the
heavy surf generally breaking on the shore, especially towards the north, the navigation
is also dangerous even for the skillful Indians with their canoes. Besides the danger of
the navigation, the Indians of Queen Charlotte's Island are at war with the Chimsyans,
who reside about Fort Simpson, and I fear will not be easily induced to go there, especiall}-
at this season ; and probably no intelligence will reach Fort Simpson of the unfortunate
occurrence ; and even should it be heard of there, I doubt whether the Chimsyans would
be induced to venture among their enemies. Fort Simpson, when I left, was short-handed,
and I doubt whether the safety of the Fort would admit of Dr. Kennedy being able to
send any adequate assistance of white men.
346 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
" The Hydahs (Queeu Charlotte's Island Indians) are reckoned the worst natives on
the coast, and have less intercourse with the Whites than the others. The)- may probably
have distributed the unfortunate people among them, so that when assistance comes it may
require some time to collect them ; and most likely high prices will be demanded before
the}- will be given up. I don't think they will harm them except they be induced to do
so to obtain their property. They can't withstand any inducement to plunder, even among
themselves, whenever an opportunity offers.
" Allow me to suggest that the only plan I see of furnishing immediate relief to the
sufferers would be to send some of the vessels now in the Sound, well manned and armed;
and if such a person could be got, some person on board acquainted with the coast."
There was no United States government vessel nearer than San Francisco. No
revenue cutter was stationed in these northern seas, — nothing here to redeem the
unfortunates from that horrible captivity. The collector at once resolved upon his course.
That night, December 12th, he hastened to Steilacoom, to consult Captain Hill and Captain
Balch. After some correspondence with Captain Hill in regard to ammunition and a detail
of United States troops. Collector Moses chartered the schooner Datnaris Cove, Captain
Lafayette Balch, " mounted with four pieces of cannon, provisioned for twenty men from
the port of Olympia, and fifty men returning, to sail immediately for the east side of
Queen Charlotte's Island." Captain Hill subsequently detailed a corporal and five men,
under command of Lieutenant John Dement, First Artillery, U. S. Army. To Lieutenant
Dement was given a letter of credit to enable the purchase of blankets, etc., at Fort
Victoria or Fort Simpson, sufficient to ransom the captives (i). On the 9th of December,
the Daman's Coi'e sailed, effected the release of the captives, who all safely returned and
arrived at Port Steilacoom Januar}' 31, 1852. On the 20th of March, 1852, Thomas
Corwin, Secretary of the Treasury, thus wrote to the collector of customs :
"I acknowledge the receipt of your letter of the 22d of December last, with its
accompanying documents, relative to the expense of fitting out, on your own authority, a
military expedition for the rescue of the captain, crew and passengers of the sloop
Georgianna, held prisoners by the Indians of Queen Charlotte's Island in the British
territory, where the said vessel had been wrecked; but the Department does not, nor has
it the power to, recognize an act by which you constituted yourself the representative of
the government of the United States in such an emergency; and whatever may have been
the motives which prompted the formation of such an unauthorized militar}' expedition, it
cannot be sanctioned by the payment of the expense referred to in your letter."
In this painfull}' humiliating record, how strikingly was exhibited the neglect of this
region at that period by the general government, and the readiness at the Federal capital
to rebuke the taking of responsibility by a public officer, who to his infinite credit assumed
the duty of obeying the instincts of humanity, though it did conflict with the routine of
official duty, and might subject him to removal from oflSce. At the first session of the
Legislative Assembly of the territory of Washington (March 21, 1854), an earnest
memorial went forward to the Congress of the United States, praying that the expenses
incurred in that expedition, to restore from Indian captivity our fellow citizens, might be
paid by the United States. The gallant Lafayette Balch was a member of that first
territorial Council. Samuel D. Howe, one of those captives, and who had made that canoe
voyage of one hundred and sixty miles in that wintry sea without blanket or food to beg
relief for his captive brethren, was a member of that first House of Representatives.
(II The ransom paid for each captive was five blanket.s, two shirts, one bolt of imisUii ami two pounds of tobacco.
SEIZURE OF STEAMER BEAVER AND BRIG MARY DARE. 347
Though justice had been delayed, though relief had long been denied, j-et Congress
granted the prayer of the people of Washington made through their representatives. On
the 4th of August, 1854, the sum of $15,000 was appropriated, or so much thereof as
might be necessary to enable the State Department to reimburse those who had fitted out
that expedition of mercy to relieve citizens of the United States from captivity among
British Indians, an expedition commanded alike by patriotism and humanit}'.
Other interesting incidents happened contemporaneously with the disastrous enterprise
of the gold miners who sailed in the sloop Georgianna. On the 28th of November, the
Hudson's Bay Company's steamer Bcavc)\ Captain Charles E. Stuart, towed that
company's brigantine Mary Dan\ Captain William A. Mouat, to Budd's Inlet, on which
the 013'nipia custom-house was situated. Both vessels anchored about two miles north of
the town and were immediately boarded by the deputy collector (Elwood Evans), who was
accompanied by two temporary inspectors (Colonel Isaac N. Ebey and Andrew J.
Simmons), who were respectively assigned to duty on the two vessels. The Beaver^
employed as a towboat, reported in ballast. The Maiy Dare, from Fort Victoria, had for
her cargo the usual annual suppl}- of company goods and merchandise for the post. Fort
Nisqually.
Colonel Ebey, inspector on the Beaver, reported, December ist: "The Beaver ha.?, no
ballast except coals. I found, however, a quantity of Indian trading goods not upon the
manifest, to the value of $500; also that both vessels, before reaching the port of entry,
had anchored at Fort Nisqually for fifteen hours; that six passengers and their baggage
had been landed without permit, and that boats during all that time were passing between
the shore and both vessels." As to the Alary Dare, Inspector Simmons reported the
presence of a package of refined sugar weighing 230 pounds, in violation of section 103 of
the Act of Congress approved March 3, 1799, which provides: "Refined sugar cannot
be imported in packages of less than six hundred pounds weight, under penalty of
forfeiture of the sugar and the vessel in which it is imported."
Technically, to say the very least, both vessels had utterly disregarded the plain
requirements of the United States revenue laws. In both instances, there was apparent
a manifest violation of the letter of that law, the execution of which, according to its
letter, was the bounden duty of the collector. This time he insisted upon an observance
of the law. He literally obeyed the published instructions of the Treasury Department.
On December ist, he ordered the seizure of both vessels. Those seizures necessitated a
special term of the court of the third judicial district of Oregon Territory (i), which was
the first term of a district court held at Olympia. That court was held January 20, 1852,
by Hon. William Strong, Associate Justice of the Supreme Court of Oregon Territory,
and Judge of the third judicial district, which included Lewis county. David Logan and
Simon B. Marye, of the Portland bar, accompanied the Judge. The former acted as
United States Attorney. The latter appeared as counsel for the Hudson's Bay Company,
the owner of the seized vessels. Quiucy A. Brooks was appointed acting clerk. Alonzo
M. Poe was appointed Deput}' United States Marshal ; and he accepted a bond of $13,000
for the Mary Dare and the sugar. Messrs. Daniel R. Bigelow, Isaac N. Ebey, Quinc}' A.
Brooks, Simpson P. Moses and Elwood Evans, were admitted to practice as attorneys of
the courts of Oregon.
(1) Territorial courts at that time, and for years thereafter, rejoiced in the high-sounding title, " United States District Court of Oregon." and
were so regarded bv bench, bar and people. Later they were held to be mere territorial courts, clothed with Federal jurisdiction when it became
necessar\- to invoke it in the trial of Federal or admiralty causes. They then assumed the name " District Court of the— Judicial Distnct,
Territory of for County, etc." The Judge, when necessary-, exercised I'uited States Circuit or District Court jurisdiction, as the
nature of the case required.
348 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
On the 2ist of Januar}', libels were filed against the steamer Beaver^ Captain Charles
E. Stuart, master, and against certain articles of cargo, praying for the usual process.
The court allowed a warrant for the arrest of Captain Stuart, but denied the arrest of the
vessel, holding that, for violations of the revenue law by the master of a vessel, he was
punishable by fine and imprisonment, but that the vessel could not be held liable for his
criminal acts. The captain of the Beaver at once disappeared. That night in a large
canoe he left Fort Nisqually for Fort Victoria. Then, as now, \'ictoria proved a sanctuary
for violators of the law in United States territory. A libel was also filed against the
brigantine Mary Dare, and the package of sugar. Upon the next da}', on motion of the
respondent's attorney, the collector was directed b}' the court to proceed. No answer nor
defense was attempted to be made to the allegations of the libel against the Mary Dare
and the package of sugar, except that Mr. Tolmie, chief trader in charge of the Hudson's
Bay Company's business at Fort Nisqually, gave notice in open court of his having made
petition to the Secretar}- of the Treasury for a remission of the forfeiture. Judge Strong
proceeded to take the proofs, which he certified to the Treasury Department, accompanying
the petition. Those seizures resulted thus : " Trading goods not upon an}- manifest, to
the value of $500, were brought into the district from a foreign port, were seized upon the
vessel thus importing them. The court holding that the vessel was not liable for such
acts of the master, discharged her; and the master fled the jurisdiction of the court. The
sugar-supplied Mary Dare is bonded for $13,000, to await the action of the Secretar}- of
the Treasury ; " and so, upon the 24th, the court adjourned sine die. That da}- Doctor
Tolmie paid the duties upon the cargo of the Mary Dare ; and she was towed out of
013'mpia harbor b}' the steamer Beax'er. At the April term, 1853, in the same court, the
case of the United States vs. Charles E. Stuart was, on motion of the district attorney,
stricken from the docket. In the Mary Z?«r^ proceedings, entry was made: "In this
cause, the forfeiture having been remitted by the Secretary of the Treasury, the costs are
taxed, etc., etc."
The first Fourth of July celebration at Olympia took place this x-ear (1S52). Daniel
R. Bigelow was the orator. Simpson P. Moses read the Declaration. Frank Shaw acted
as marshal. The commemoration attracted settlers from all parts of Northern Oregon,
many of the Sound settlements being largely represented. After the ceremonies of the day
had been concluded, an enthusiastic meeting was improvised, and the division of the
territory discussed. It resulted in an arrangement for a convention to be held during the
fall to promote that object. In September, the first number of the Columbian was issued
at Olympia by James \V. Wile}- and Thornton F. McElroy, the former named being the
editor. The journal was devoted generally to the advocacy of the interests of Northern
Oregon and Puget Sound. It especially championed the division of Oregon, and the
formation of a separate territory north of the Columbia river, to be nominated "Columbia."
The division question had long been agitated. As early as 185 1, several county meetings
had been held ; but in the fall of 1852 it became the all-absorbing subject with the people.
Conventions were held and delegates elected by all the counties and communities north
of the Columbia, and west of the Cascade Mountains, to attend a convention at Monticello,
Cowlitz river, on the 25th of November, 1852. At that convention, George N. McConaha,
of Seattle, presided. R. J. White was secretarj- ( i). A manly, temperate, straightforward
(l) The followiiiK is a list of the delegates to the Monticello convention : George N. McConaha, R. J. White, Quincv A. Brooks, L. L. Davis,
Arthur A. Denny, E. H. Winslow, David S Mayiiard, A. B. Uillcnbaugh, Stephen D. Ruddell, Charles C. Terry, Seth Catliii. William Plumb, Hugh
Allen Ooldsborough, George Drew, Simon rlemandon, Charles S. Hathaway. William N. Bell. \. Cook, A' F. Scott. Luther M. Collins, Nathan
Stone. Calvin H. Hale, Kdward J. .\llen. John R. Jackson, Frederick A. Clarke. .-Vdam Wylie. John N. Low, .\ndiew J. Simmons, Michael T.
Simmons, Loren B. Hastings. Benjamin C. Armstrong. Sidney S. Ford, Sr., \Vm. \. L. McKorkle, Nathaniel (_^strauder, Eugene L. Finch, Henrj'
Miles, Simpson P. Moses, Peter W. Crawford, C. F. Pater, .\, Crawford, Henry D. Hiinliugtou. J. Fowler.
JOHN HARFORD,
PATAHA CITY.W T
THE MONTICELLO CONVENTION. 349
memorial was unanimously adopted, praying for the establishment of a territorial
government in " that portion of Oregon Territory lying north of the Columbia river and
west of the great northern branch thereof," to be called the " Territory of Columbia."
That memorial was sent to General Joseph Lane, Delegate to Congress, signed by
the members of the convention. Early in the session (1852-3), the memorial, on motion
of Mr. Lane, was referred to the Committee on Territories, with instructions to report by
bill. In the meantime, the Oregon legislature (1852-3), of which Colonel Isaac N. Ebey
was the member from Lewis county, had passed a legislative memorial, with almost entire
unanimity, urging the division of Oregon and the formation of a territory to be named
"Columbia" on the north side of the Columbia river. On the 8th of February, 1S53, the
United States House of Representatives took up the bill " to organize the Territory of
Columbia."
The bill was earnestly supported by Delegate Lane, who, in advocating its passage in
a speech in the House, said : " Aside from the seeming reflection upon the legislative
department of the government of Oregon, and waiving the consideration of what is therein
represented as sectional strife between the people north and those south of the Columbia,
I can scarcely hope to add to the causes set forth in this memorial, and to what I have
already remarked, in the expectation of influencing this House in favor of the passage of
this bin."
On motion of Robert H. Stanton, of Kentucky, the bill was amended by striking out
the word " Columbia " and inserting " Washington " in lieu thereof On February 10,
1S53, the bill thus amended passed the House by a vote of one hundred and twenty-eight
yeas to twent3Miine nays, the nays by states being: Ohio, two; Indiana, one; Alabama, five;
North Carolina, four; South Carolina, three; Georgia, four ; Tennessee, four; New York,
two ; Virginia, one. On March 2d, the bill passed the Senate without opposition. On
the same day, it received the signature of Millard Fillmore, President of the United States.
The territor}- of \Va.shington had been established. B}- its Organic Act, the boundaries
were defined as follows : " That from and after the passage of this act, all that portion of
Oregon Territory lying and being south of the forty-ninth degree of north latitude, and
north of the middle of the main channel of the Columbia river, from its mouth to where
the forty-sixth degree of latitude crosses said river, near Fort Walla Walla, thence with
said forty-sixth degree of latitude to the summit of the Rocky Mountains, be organized
into and constitute a temporary government, b}- the name of the Tciritory of Jl 'asJii)igt(m.''''
Chapter XXXIX.
(1853-1859.)
Appointments of Territorial Officers by President Pierce — Reconstrnct ion of
Judicial Districts — The Election of General Lane to Congress — Arrival of
Governor John W. Davis — Session of Legislature, 1853-4 — First Attempt to
Calla Constitutional Convention — George L. Curry Succeeds Governor Davis
Session of Legislature, 1854 — Multnomah County Established — Legislative
and Congressional Proceedings as to tlie Admission of Oregon as a State —
Ex-Governor Gaines Nominated by Whigs for Delegateship — Election of Jime,
1855 — General Lane Ke-elected — The Constitutional Convention Defeated —
Ke-Agitation of Location of Capital — Session of Legislature, 1855-G— Counties
of Curry and Josephine Organized — Organization of the Republican Party in
Oregon — General Lane Renominated by Democrats — The Opposition Supports
George W. Lawson, Independent Free-Soil Democrat — Election of June, 1857
— General Lane Re-elected — Large Majority for Constitutional Convention —
Session of Legislature, 1857 — Election of 1858 — L. F. Grover Elected to
Congress — State Organization — General Lane and Delazon Smith Elected
United States Senators — Session of Legislature, 1858 — Oregon Admitted as
a State, February 14, 1859.
EARLY after the inauguration of President Franklin Pierce, the supplanting of the
Whig Federal officials of the territory followed. Judge Pratt was nominated to the
Senate as Chief Justice of the Supreme Court, which assigned him as presiding Judge of
the court of the second judicial district as then constituted. The nomination, however,
having been withdrawn before action by the Senate, George H. Williams of Iowa was
appointed successor to Chief Justice Nelson. Matthew P. Deady (i) and C3'rus Olney
were appointed Associate Justices. Mr. Justice Deady was assigned to the first district,
or southern Oregon counties, and Judge Olnej' to the northern counties, or third judicial
district, which had been materially abridged in extent by the counties north of the
Columbia river having been detached by operation of the Washington ierritory Organic
Act. As a con.sequence of this diminution of the jurisdiction of the third judicial district,
and to more approximately equalize judicial labor, the legislature, at its next session,
redistricted the territory, placing Marion, Linn, Lane, Polk and Benton counties in tlie
first district, to which Chief Justice Williams was assigned. Clatsop, Washington,
(1) After Judge Deady had entered upon the performance of his judicial functions, a commission was issued to Obadiah B. McFaddeii. of
Pennsylvania, as an Associate Justice of the Supreme Court of Oregon. That gentleman came to the territory in the fall of i8^S5, and claimed to
bejudgeof the district over which Judge Deady presided. Judge McKadden (jualified, and held one term of court in that district. He w;as then
appointed an Associate Justice of the Supreme Court of Washington Territory. Judge Deady. having in the interval been re-commissioned
Associate Justice of Oregon, was reinstated in the district to which he had been originally appointed, or intended so to be. It was alleged that this
political or judiciary fiasco arose from the misspelling of the christian name of the distinguished Judge, and that such clerical misprision had
rendered void his appointment, confirmation ana commission ; that, to avoid the evil results of so great an error, a new appointment had become
necessary. Judge Deady's appointment had, however, proved entirely satisfactory. Judge McFadden, although among the best of men and a
sound and capable jurist, as liis long and popular judicial career in Washington Territory abundantly demonstrated, was, under the circunistances,
received with coolness and popular disfavor. Whether Judge Deady was "spelled down " intentionally or maliciously, or whether the mistake was
inadvertently made, may never be known ; but none will challenge the statement that Matthew 1'. Deady, after his restoration to judicial honors,
rapidly rose to the "head of the class."
( 350 )
THE ELECTION OF GENERAL LANE TO CONGRESS. 351
Yamhill and Clackamas counties were constituted the second district, with Judge Olney
presiding judge. The third district included the counties of southern Oregon, the district
courts of which were held by Judge Deady.
General Joseph Lane was appointed Governor, and George L. Curry, Secretary (i).
Governor Lane reached Oregon City on the i6th day of May, and within a few days
resigned to accept the Democratic nomination for delegate to Congress. At the June
election, 1853, Judge Alonzo A. Skinner was the Whig nominee for Congress, a candidate
eminently qualified for the office ; a nominee creditable to the party who made the
selection ; a man who, had he have been elected, would have reflected honor upon himself
and his constituency. Each party had in the field its strongest man ; each made its best
efforts. The conflict was warm, at times and places bitter, always earnest and exciting.
The Democracy, under its popular leader, with its prestige of national supremacy and
territorial success, of course triumphed. General Lane received 4,516 votes. Judge
Skinner 2,951 votes.
Dr. John W. Davis of Indiana (2), who had been appointed to succeed General Lane
as governor, arrived at Salem December 2, 1853. The annual session of the Legislative
Assembly (1853-54) was about to commence. Fresh from the Atlantic side of the
continent, a personal stranger, he declined making a formal message, but courteously
informed that Assembly that from time to time it would be a pleasant dut}- to communicate
such information as the official records contained. It had been too often the custom
for imported officials to act upon the belief that the people who had abandoned the eastern
States and had found their v/ay to the western verge of the continent knew but little ; that
legislators and the people who selected them needed instructions. This instance was an
exception. Here was a statesman of national reputation willing to tarry a little while
until he became advised of what might be needed before he should make a mere exhibit
of that " little brief authority," which exhibit, when prematurely or needlessly made, might
cause "angels to weep." It certainly never added to the popularity of an office-holder.
At that session, little but routine and local legislation was done. The usual
memorialization to Congress upon every conceivable subject, in behalf of every locality,
was not omitted. A law providing for the organization of militia, and providing for the
election of necessary military officers, was passed. The first attempt was made looking to
the admission of Oregon as a state. A bill was passed providing for submitting, to the
vote of the people, the propriety of holding a convention to frame a state constitution (3).
On August 5, 1854, Governor John W. Davis resigned his commission of governor
and started for his home in Indiana. He had proved a satisfactory public officer. To
him no objection- had been made, save alone that the people had so learned to believe that
their officials should be selected from the territory, that they called an appointee from
abroad an "imported official;" and to a certain extent such epithet carried with it popular
1 1,1 The reniaiuiug offices in the gift of the President were filled during the year i>53. as rapidly as possible, aud were as follows: Joel
Palmer, Superintendent of Indian affairs; IJenjatnin F. Harding, United States .\ttorney ; James W. Xesmith, I'nited Slates Marshal ; John
Adair. Collector of Customs at .\storia ; Addison C. Gibbs, Collector of Customs at I'mpqua: General .\. L. Lovejoy, Postal Agent; William M.
King, Robert W. Dunbar and Peter G. Stewart, were appointed Surveyors respecti^'ely of the Ports of Portland, Milwaukee and Pacific City, in the
order named.
(2) Upon Governor Lane's resignation, Secretary Curry, acting governor by virtue of his office, as.sumed the performance of executive duties.
In November. Dr. John W. Davis of Indiana, late speaker of the United States House of Representatives, was commissioned governor of Oregon
Territory. He arrived at Portland t-n toitte to Salem in the last days of November, where the author met him. He was talented, practical,
unassuniing, a man of good administrative ability, a genial, accessible and social gentleman. Personal politics still reigned in Oregon. The new
governor engaged in social amenities without having considered the political status of his associates. Some of us were Whigs. He was cautioned.
The author will not forget the manly indignation of Governor Davis at the attempt to control liis social relations. His politics, though of the
ultra-Democratic school, did not include social alienation and estrangement because of political opinions.
(.;) The proposition to hold a convention to frame a state constitution preparatory to admission into the Union was defeated at the election of
i^.M by the following vote : For. 3,210 ; against. 4.079, The real reason of that defeat was alleged to have been that the southern counties were
strongly opposed. While this was a pet measure with the Democracy, and those counties were Democratic counties, yet the project had been
agitated to create a new territory of Northern California and Southern Oregon. The admission of Oregon as a slate would of course have put the
qittetus on such a scheme.
352 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
opproborium. Sucli, and such alone, was the onl}- offensive criticism of Governor Davis
or his administration. He had consistently stood aloof from an}^ "clique" within the
dominant part}- ; such term at that time was the popular phrase applied by either wing or
faction to those who acted in the other. Though an ardent party man, he had no
S3'mpathy with that personal rancor which at that period imbued Oregon politics.
Ostensibly, he desired to return to his home, to give attention to his private business
affairs. Really, he escaped from a political turmoil most distasteful to his amiable nature.
In November, Secretary George L. Curry (i), who had again acted as governor since
Governor Davis' departure from the territory', received the appointment of governor.
District Attorney Benjamin F. Harding was transferred to the office of secretary; and
William H. Farrar succeeded to the district attorneyship.
At the session of the Legislative Assembly which convened in December, 1854, one
of the principal measures passed was the establishment of Multnomah county, which had
failed to pass the previous session. The subject of calling a convention to frame a state
constitution occupied considerable of the session. The act as originally introduced
proposed the appointment of a committee to draft a constitution to be submitted to a vote
of the people. That scheme, however, met with little favor ; and the proposition, after
protracted discussion, ultimated in passing a bill submitting to the popular vote, at the
next general election, the question of holding a convention to frame a state constitution.
Contemporaneousl}' with the action of the territorial legislature. Delegate Lane had
introduced in Congress an act enabling the people of the territory west of the Cascade
Mountains, and south of the Columbia river, to form a state constitution preparator}^ to
admission as a state to the Union. This act passed the House of Representatives, but
failed in the Senate.
Much time was expended at that session in discussing the location of the public
buildings. The appropriation for building the capitol had been exhausted ; and the
building was not nearh' completed. The penitentiary appropriation had been nearly
expended ; and much work remained to be done to render the building of au}- utility for
the purpose designed. As to the university, but little progress had been made be^-ond
securing a site at Corvallis for the buildings ; and but a small sum had been realized from
the sale of the university lands. In this condition of affairs, an act was passed on the
13th of January, 1855, providing for the removal of the seat of government to Corvallis,
and the university to Jacksonville. A new board of commissioners, to secure the erection
of necessary buildings, was named ; and the act declared that thereafter every session of
the legislature slioukl be held at Corvallis. In the meantime. Congress had appropriated
$27,000 to complete the capitol at Salem, and $40,000 for the penitentiary, with the
proviso that such buildings were to be completed without further aid from the United
States.
(l) George I.. Curry, a ii.ltive of Philadelphia. Pennsylvania, was born July 2, 1S20. Having lost his father, he went with an uncle to Boston
at the aec of eleven and was bound as ati apprentice to the jewelry trade. While yet a youth he was devoted to literary labor, delivering addresses
and reading original poems before the Mechanics" Apprentice Library of Boston, of which association he served two terms as president, lu i^.*.*,
he started west, stopping at St. Louis. He was employed in the publication office of the Reveille until 1S46, in which year he crossed the plains,
arriving at Oregon City .\ugust ,^otli. He soon assumed the editorship of the Oregon Spectator, in which capacity he continued for several months.
In March. 1H4H. he coinmenced the publication of the Chrguti Firr Press, the first weekly journal issued 011 the Pacific slope. It was printed on a
press made in the cniiilry. Its display type was also cut out of Oregon wood. This enterprise subsided within its first year, greatly attributable
to the exodus to the California mines. I'rominently in politics and before the public for several years, without solicitation on his part, in May,
1853, the office of Secretary of the Territory was conferred upon liilii by rresiaent Pierce. As acting governor and future governor during the
territorial life of Oregon, lie became so identified with its progress and develoi>nieiit that its history is his biography. After it had become a state.
he still continued a prominent figure in its politics until his death, which occurred July 28, i.S7,s, at' the city of Portland. Ever active and zealous
in politics, the favorite of (Oregon s most ultra-partisans, yet he was respected by opponents for his genial qualities, his consistency of life, his
faithfulness to himself and friends. How truthfully hfs characteristics arc summed up in the tribute to his memory (Pioneer Proceedings. 1S7S,
IiageSo): " He was of a singularly amiable disposition, honorable, and gifted with a versatility of talents to such a degree, that whatever he
undertook was well performed. Though his jniblic life was wholly within the period when personal rancor poisoned politics, and but few escaped
the venom ot malevolent criticism, yet no one ever insinuated a dishonorable act by him. He was in every sense a self-made man. By hard study
and constant reading he had acquired a wealth of information, and as a well-read student he had few equals. Much of his leisure was devoted to
literary pursuits ; and his graceful pen has adorned the best publications of the state."
CAPT. H . L.TIBBALS
PORT TOWNSCND.W.T.
I
ELECTION OF JUNE, 1855. 353
In April, 1855, the Democratic territorial convention met at Salem, and renominated
General Joseph Lane. On the iSth of the same month, the Whig convention was held at
Corvallis, and nominated ex-Governor John P. Gaines. In the Oregon Stalcsvian^ its
editor, Asahel Bush, thus introduced the nominee and prospectus of the Democracy: "Jo
Lane, a Democratic legislator. Democratic prosecutor. Democratic everything." The
Whigs with equal defiance adopted a laconic platform: "General Gaines against the
world." The canvass was earnest, not to say bitter. Governor Gaines was charged with
being the Know-Nothing candidate ; and there were elements of population in the
territory, who were quite numeroiis, to whom a candidate so charged would be obnoxious.
At all events, the prediction of the Statesman was sufficientl}' verified. General Lane
was re-elected by the handsome majority of 2,235 i^^ ^ total vote of 10,021. Two Whig
representatives and two Whig councilmen- only were elected to the legislature ; and all
the prosecutors elected were Democrats. The state constitutional convention scheme was
again defeated by the popular vote. In favor of a convention there were 4,420 \otes,
against 4,835.
In the month of April, 1S55, territorial printer Asahel Bush had mo\ed the
publication office of the Oregon Statesman to Corvallis. That circumstance, together
with the previous removal of the offices of the governor and secretary to Corvallis, had
given origin to the derisive term, " The capital on wheels." The First Comptroller of the
Treasur}' Department but shortly afterwards notified the governor and secretary of the
territory that the relocation act of the session of 1854-5 was without force or effect until
it had received congressional approval ; that no expenditures of government money
must be made except at Salem ; that contracts made for expenditures for the public
buildings at that place must not be annulled ; and that no member of the Legislative
Assembly should be paid mileage or per diem for attending a session convened at any
other place than Salem. Governor Curry and Secretary Harding returned to Salem with
their respective offices. Work was resumed on the public buildings at Salem.
On the 2d of November, 1855, a company was organized at Portland by Charles F.
Johnson, an employe of the Alta California Telegraph Company, who introduced
telegraphic communication between Portland and Oregon City. The first telegraphic
message was transmitted between the two cities upon the i6th of November. The line
had been extended southward to Salem in the fall of 1856; but it was never utilized nor
kept in repair. Some six or seven years had elapsed before telegraphic communication
was completed to California.
The time approached for the session of the legi.slature (1855-56). The knowledge
had spread as to the implicit instructions received in September by Secretary Harding
from the First Comptroller as to the status of the relocation of the capital. It seemed to
have put a quietus on any governmental recognition of Corvallis as the seat of government.
Those instructions may be stated thus : No congressional appropriation must be disbursed
for capitol buildings except at Salem. The legislature must meet at Salem, or the members
will not be paid by the United States for mileage or attendance. Tho.se instructions
asserted the law voidable and inoperative until sanctioned by congressional approval.
A sort of compromise programme met with favor, which was ultimately acted upon. It
was thought that the legislature, to conform to territorial law, which might be law till
congressional disapproval, to make its organization legal, should meet at the time
appointed by law at Corvallis, the place designated by an act of the legislature, where
"every session, general or special, must be held;" that adjournment to Salem was
354 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
necessary, whicli would carry with it the legalization of legislative proceedings thereat,
and also secure compensation for members' services. Consonant with such programme,
a large quorum of both houses assembled at Corvallis, December 3, 1855. On the 6th,
Lafayette Grover introduced the first and only bill passed at Corvallis. Its purpose was
to relocate the seat of government at Salem. On the loth, that bill passed the House,
to take effect and be in force on the 12th. Its passage was immediately reported to
the Council ; but there was no quorum of that body in session. Ou the next daj-, the
Council proceeded to its consideration. Amendments were offered suggesting a location
by the popular vote ; and different towns were in turn named for the capital, all of which
were severally defeated. The Council then amended the section, fixing, as the time of
talcing effect, the 15th instead of the 12th, and returned the bill to the House for
concurrence. The House promptly concurred ; and the Assembly adjourned to meet at
Salem, at which city the session was resumed on the iSth. On the night of the 29th,
the capitol buildings were fired by an incendiary, the buildings destroyed, and the
territorial library and furniture consumed.
At that session (1855-56), the accustomed budget of memorials were adopted, among
which was one for the removal of General Wood, U. S. Army, from the command of the
Department of the Pacific, and another for the removal of Joel Palmer from the ofiice
of Superintendent of Indian Affairs. Joint resolutions were passed censuring the
Surveyor-General and Postal Agent. The counties of Curry and Josephine were
organized. A bill was passed providing for an election to be held in April for delegates
to a convention to frame a state constitution, and at the same election to take the sense
of the people as to holding such convention. Delegates were elected. They held no
convention, as the vote on the propriet}- of holding the convention was 4,097 in favor,
and 4,346 against. An act was also passed providing for the submission to a vote of the
people the selection of the seat of government. The legislature adjourned on the 21st of
January.
At the general election in June, in accordance with the provisions of the act of the
Assembly, a vote was taken on the relocation of the seat of government. Eugene Cit}'
received 2,627 votes; Corvallis received 2,327 votes; Salem 2,101 votes; and Portland
1,154 votes. The act had provided that the returns should be filed in the office of the
secretary of the territory within forty days from the date of the election, at the expiration
of which time that officer should canvass the vote and declare the result. The counties of
Wasco, Tillamook, Jackson and Josephine failed to forward returns. The secretarj^ thus
announced the official result: Eugene City received 2,319 votes; Salem 2,049 votes;
Corvallis 1,998 votes; and Portland 1,154 votes. B}^ the provision of said bill, should
neither place voted for at the June election receive a clear majorit3% a special election was
to be held on the first Monday in October, at which election the places to be voted for
should be restricted to the two places which had received the highest number of votes at
the general election. At the October special election, the contest was between Eugene
Cit}' and Salem. By that time, the feeling had become one of apparent indifference. The
people had generally settled down to the belief that Congress would have to approve any
territorial enactment removing or relocating a seat of government to make it operative ;
and that, until such approval, the appropriation for the erection of a capitol would be
expended at Salem ; and also, that a legislative assembly meeting elsewhere than at Salem
would neither be recognized nor paid. In the counties of Marion, Tillamook, Polk, Curry
and Wasco, elections were not held. In the rest of the territor}^, Eugene City received
STATUS OF POLITICAL PARTIES IN OREGON. 355
2,559 votes; Salem 444 votes; and Con-allis 318 votes. Although Eugene Cit}' had
received a large majority as the place for the seat of government, yet no regard was paid
to that popular verdict. Both the Supreme Court and the Legislative Assembly alike
ignored the law providing for the vote and the vote itself. Both their annual sessions
convened at Salem ; and that cit}' contiiaued to be the capital of Oregon.
At that legislature (1856-57), the act passed providing for holding a convention in
August, 1857, to form a state constitution, should the popular vote at the general election
in June be in favor thereof. The southern counties had abandoned the idea of a new
territorial government to be composed of Southern Oregon and Northern California. The
people had grown ready for home rule. They were heartily tired of the annoyances
incident to the territorial condition. The}- had learned, in the capital controversy, that
Congress, not themselves, controlled the settlement of their purely local affairs. The
hope was large that, if they became a state, the increased political influence (a vote in
the national House of Representatives, and senatorial representation) would assist in
securing the recognition and payment of their Indian war debt, a debt which had accrued
because the general government had ignored them, a self-imposed liability which never
would have been necessary had Oregon been represented as a state ,in the Congress of
the nation.
The period had also been reached when the transition of Oregon from territorial
tutelage to statehood was at hand. With that change, state politics must necessarily
assume a kindred character with those tenets of political faith professed by the great
national parties; — those principles which gave name or identity to the political parties,
which, divided, the people of the Union were to become the shibboleths for party
organization within the territory about to be erected into the future State of Oregon. The
Whig party of the nation, since the death of its founder and most illustrious leader, had
fallen into a state of complete " innocuous desuetude." True, opposition to the Democracy
still survived. It had arrayed itself under various names in various sections of the
Union. The most formidable political organizations which succeeded the national Whig
part}- were the Republican and American parties. Those two parties chiefl}- absorbed the
Whig hosts, who had made their last national struggle in the disastrous defeat of 1852.
In 1856, the Whig part}^ as such had become a thing of the past. Under that name, it
had ceased to contend for its time-honored tenets of protection to American industry,
liberal appropriations by the general government for internal improvements, a national
bank and uniform currency, and the distribution among the states of the proceeds of the
sale of the public lands. For the time, those issues were lost sight of and deferred. They
gave place to more exciting matters of contention, — sectional issues arising out of the
slavery question ; slavery in the territories ; the right of persons to go with their slaves,
which the law had made property in the state of their domicile, into a free territory ; the
admission of states, with or without the institution of slavery engrafted upon their
constitutions. In fact, the issue was crystallizing into " Whether slavery shall be
extended beyond its present limits." "Is freedom national, and slavery sectional ?" or
vice versa. But comparatively few favored any interference with the domestic institutions
of any state ; but the number was rapidly increasing, especially in the free states, of those
who were unalterably opposed to slavery extension, — to allowing slavery being carried
into any free territory. While in the Southern states the contention was intensifying that
no power existed under the Federal constitution to control or interfere with the institution.
356 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
either in the territories or states, in other words, the claim was that slaves are property,
and as such their owners maj^ go with them, and enjo}- such property-, into any territory
of the United States.
This reference to the status of political parties has been rendered necessary, because
Oregon is soon to become a state, her congressional representatives must affiliate with one
or the other of the great political parties of the nation, and, as an applicant for admission
into the family of states, the character of her institutions, to a ver}' great extent, will be
considered in her application. Besides, the representatives of the people have afforded to
their constituencies the opportunity to provide for the holding of a convention to frame a
constitution for the future state, preparatory to that admission ; and the character of her
domestic institutions, the doctrines of the fundamental law, are to constitute in great
measure the criteria of the republican form of government necessary to be established to
entitle her to admission. The da}- for local and personal politics has therefore passed.
Purely local issues must cease to control. The people who are about to become an integral
part of the nation, with the privilege and duty to join with their fellow citizens of other
states in discussing and settling national affairs, must do political battle in the ranks of
a national part3^ Oregon's representatives in Congress are about to be vested with the
right to vote as well as speak. From a mendicant for his territory, the representative is
hereafter to participate in and assist to regulate those momentous questions which affect
the whole nation, of which his constituency is a part.
Upon the "decline and fall" of the Whig organization in Oregon Territory,
contemporaneously with its subsidence in the states of the Union (and it may be remarked
that, in its palmiest daj^s, it was not a success, nor was its organization thorough),
some strength accrued from the Know-Nothing movement ; 3-et the coalition made no
headway against the Democracy. In the southern counties, the movement was i-uitiated
looking to the formation of a new party on the anti-slavery idea. A meeting was held at
Eden, Jackson county, in May, 1856, to nominate candidates for representatives to the
legislature, and for county officers, to be supported at the June election. Although such
was the single object in the call, that embryo Republican convention passed resolutions
opposing the admission into the American Union of any more slave states. That meeting
antedated the holding at Philadelphia, in May, 1S56, of the national Republican convention,
which nominated John C. Fremont for the Presidency. It was the primar}- Republican
meeting of Oregon. None of those Eden nominees for the legislature were successful, but
one Know-Nothing was elected ; and an inroad was made in an hitherto impregnable
stronghold of the Democracy. The subsequent fall marks the inauguration, in the
counties of the Willamette valley, of the necessary steps to affect an organization of the
Republican party. The first call was for a county convention at Silverton, Marion county,
to "all who were opposed to slaver}' in free territory." At this meeting emanated a
committee of correspondence with all the other counties ; and there followed in quick
succession county meetings in the several counties of the Willamette valley.
At the territorial Legislative Assembly (1856-57), which convened on the finst
Monday of December, but little important business was transacted. Colonel James K.
Kelly was elected President of the Council, Lafayette Grover Speaker of the House of
Representatives. Much of the time was employed in discussing political questions, on
the qualifications of voters, the exclusion of free negroes, the conferring of the elective
franchise upon half-breeds, — foreshadowing the proposed settlement of such questions in
the state constitution. The bill passed to submit to the vote of the people a proposition
E.N.COOKE
SALEM OR.
MRS. E N COOKE.
SALEM OF?
^.
MRS.SARAH A.KING.
PORTLAND OR.
HON.T. M<=E PATTON.
SALEM OR
AMORY HOLBROOK,
PORTLAND OR.
ORGANIZATION OF THE REPUBLICAN PARTY IX OREGON. 357
to hold a convention to frame a state constitution, and at such election to choose delegates
to hold such convention, provided a majority had voted in favor of the holding of the
proposed constitutional convention.
On the adjournment of the legislature, the contest commenced. Republican clubs
were formed in most every county. A state convention, consisting of delegates from the
several counties, was called to meet at Albany on the nth day of February', 1857, for the
purpose of completing the organization of the Republican part}'. That convention named
themselves "the Free State Republican Party of Oregon." Their platform harmonized
with the national Platform of the Philadelphia convention of 1856. It favored the perpetuity
of the Union ; resistance to the introduction of slavery into free territory; the prohibition
of polygamy; the admission of Oregon as a free state; governmental aid to the immediate
construction of a Pacific railroad; the improvement of rivers and harbors; the grant of
bounty land to the volunteers of the Indian war of 1855-56; and a united 'effort by all
citizens, irrespective of party, to secure a free state constitution for Oregon.
A free-state club had been formed by and at a meeting at Grand Prairie, January 17,
1 85 7, which had been called for the exclusive purpose of promoting the electiou of
delegates to the proposed constitutional convention, pledged to favor an article to exclude
all negroes from the new state.
At the first session of the Thirt3'-fourth Congress (1855-56), Delegate Lane
introduced in the House of Representatives an act to authorize the holding of a convention
to frame a constitution preparatory to admission into the Union. The measure was
objected to on the ground that the population of Oregon was insufiicient to entitle it to a
member. At the ensuing session, the bill was again introduced by Delegate Lane, when
it passed the House, was sent to the Senate and amended ; but the Senate refused to pass
the bill.
In the spring of 1S57, on the assembling of the Democratic territorial convention.
General Lane was reuomiuated for Congress by acclamation. That convention adopted a
platform in which they " deny the right of any state to interfere with such domestic
institutions of other states as are recognized by the Federal constitution." Regarding
the selection of delegates to the proposed constitutional convention, the convention
recommended that the personal views of a candidate as to phases of the slavery agitation
should not subject him to opposition, for such cpiestion should be submitted separately to
a direct vote of the people; hence, whatever view such candidate entertained, if the
convention adopted it, would still be subject to popular approval or rejection.
In several counties only had the Republicans sufficiently completed their party
organization to justif}' their making partisan nominations for delegates to the
constitutional convention. In other counties, the opponents of the Democracy suffered
the matter to go by default. Nor did the new party feel sufficiently self-reliant to call
a territorial convention to nominate a candidate for delegate to Congress. George W.
Lawson, a free-soil Democrat, had announced himself as an independent candidate for
that office. In this condition of things, the Republicans generally supported Mr. Lawson.
This policy was adopted in the hope that a number of Democrats with anti-slavery
proclivities, and otherwise disaffected, would be alienated from the dominant party. The
discussion during the canvass was earnest and exciting as to the candidates, and as to a
probable introduction of slavery into Oregon. It was equally warm and positive as to
the exclusion of free negroes. General Joseph Lane received 5,662 votes, and George W.
Lawson 3,471 votes. The vote by which the people of Oregon ordered the convention to
358 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
be held to frame a state constitution was 7,209 in favor and 1,616 against. Of the
delegates chosen to the constitutional convention, composed of sixty members, about
one-third were Republicans and Indeiaendents, elected upon opposition tickets to regularly
nominated Democratic candidates. In the next legislature, the Democrats had a majorit}'^
of one in the Council and twenty in the House.
The people thus significantly having approved the holding of the convention to frame
a constitution, the delegates assembled at Salem on the 17th of August, 1S57. Matthew
P. Deady was elected President, and Chester N. Terry, Secretary. The following named
delegates composed the convention : Benton county, John Kelsay, Haman C. Lewis,
Henry B. Nichols, William Matzger; Clackamas county, James K. Kelly, Asa Lawrence
Lovejoy, William A. Starkweather, Hector Campbell, Nathaniel Robbins ; Clatsop county,
Cj^rus Olnev ; Columbia county, John W. Watta ; Coos county, Perry B. Marple ; Ciirry
county, William H. Packwood ; Douglas county, Matthew P. Deady, Solomon Fitzhugh,
Stephen F. Chadwick, Thomas Whitted ; Jackson county, L. J. C. Duncan, John H. Reed,
Daniel Newcomb, P. P. Prim ; Josephine county, Sidney B. Hendershott, William H.
Watkius ; Lane county, Enoch Hoult, W. W. Bristow, Jesse Cox, Paul Brattain, A. J.
Campbell, Isaac R. Moores ; Linn county, Delazon Smith, Luther Elkins, Reuben S.
Coyle, John T. Brooks, James Shields, J. H. Brittain ; Marion county, George H.
Williams, Lafayette Grover, John C. Peebles, Joseph Cox, Nicholas Shrum, Davis
Shannon, Richard Miller; Multno?nah county, Samuel J. McCormick, William H. Farrar,
David Logan; Mtiltnomah and Washington, Thomas J. Dryer; Polk county, Reuben P.
Boise, Frederick Wa3'mire, Benjamin F. Burch ; Polk and Tillamook, A. D. Babcock;
Umpqua county, Jesse Applegate, Levi Scott ; Wasco county, C. R. ]\Ieigs ; Washington
county, E. D. Shattuck, John S. White, Levi Anderson ; Yamhill county, W. Olds, R. \'.
Short, Robert C. Kinney, John R. McBride.
On the 17th day of September, 1857, the delegates had completed their labors. They
had subscribed the constitution ; and the convention adjourned sine die. Their sessions
had been harmonious. The debates exhibited ability of high order, fairness and liberality
of view. The meager compensation allowed the oflScers of the new state, and especially
their judges, the extreme limitation of indebtedness or liability to be incurred by state,
county and municipal corporations, although prompted in the spirit of economj^ is open
to criticism. Such policy may well be questioned. In the main, however, the constitution
of Oregon is an admirable fundamental code. The short time in which the labor was
eifected was in great measure due to the express understanding reached during the earliest
days of the session, that there should be no prolonged discussion on negro exclusion or
slavery extension, with their kindred exciting accompaniments ; but that those subjects
should be embodied in fairly stated propositions to be submitted to the people with the
constitution, and voted upon separately "for" or "against"; and such "propositions" as
may be approved by a majority should become a part of the constitution. In consonance
with this understanding. Article XVIII of the constitution having designated the 9th
day of November, 1S57, as the day for voting on the constitutiou, provided for the manner
of submitting the propositions, and regulated the manner of conducting the election, its
fourth section provided : " If this constitution shall be accepted by the electors, and a
majority of all the votes given for and against slavery shall be given for slavery, then
the following section shall be added to the Bill of Rights, and shall be part of this
constitution :
SESSION OF THE LEGISLATURE, 1857. 359
" ' 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.'
"And if a majorit}- of such votes be given against slaver}^ then the foregoing section
shall not, but the following section shall, be added to the Bill of Rights, and shall be a
part of this constitution ;
" ' Section — . There shall be neither slavery nor involuntary servitude in the state,
otherwise than as a punishment for crime, whereof the party shall have beeu duly
convicted.'
"And if a majorit}- of all the votes given for and against free negroes shall be given
against free negroes, then the following section shall be added to the Bill of Rights, and
shall be a part of this constitution :
" ' Section — . No free negro or mulatto, not residing in this state at the time of the
adoption of this constitution, shall come, reside, or be within this state, or hold any real
estate, or make any contracts, or maintain any suit therein ; and the Legislative Assembly
shall provide by penal laws for the removal by public officers of all such negroes and
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.' "
The proposition for slavery was rejected by a vote of 7,727 for a free state ; for a
slave state, 2,645. This resulted in the incorporation of the anti-slavery proposition,
which became Section 34 of the Bill of Rights. The proposition for exclusion of free
negroes or mulattoes carried by the vote of 8,640 for, and 1,081 against. That section
was incorporated into the constitution as Section 35, Article I, Bill of Rights.
"No Chinaman, not a resident of the state at the adoption of this constitution, shall
ever hold any real estate or mining claim, or work any mining claim therein. The
Legislative Assembly shall provide by law in the most effectual manner for carrying out
the above provision." (Article XV, Section 3.)
" Nor shall any negro. Chinaman or mulatto enjoy the right of suffrage." (Article
II, Section 6.)
The boundaries of the state were established as follows, to wit : " Beginning one
marine league at sea, due west from the point where the forty-second parallel of north
latitude intersects the same ; thence northerly at the same distance from the line of the
coast lying west and opposite the state, including all islands within the jurisdiction of the
United States, to a point due west and opposite the middle of the north ship channel of
the Columbia river ; thence easterly to and up the middle channel of said ri\er, and when
it is divided by islands, up the middle of the widest channel thereof, and in like manner
up the middle of the main channel of Snake river to the mouth of the Owyhee river;
thence due south to the parallel of latitude forty-two degrees north ; thence west along
said parallel to the place of beginning, including jurisdiction in civil and crimilial cases
upon the Columbia river and Snake river, concurrently with states and territories of
which those rivers form a boundar}- in common with this state." (Article XVI, Section i.)
Oregon had had an annoying experience in the controversy over the location of the
seat of government. To repress that agitation, to quiet such disturbing element, a
provision was inserted in the constitution to indicate the manner of locating the seat of
government, and assuring its stability after the location had been made.
360 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
" The Legislative Assembly sliall not liave the power to establish a permauent seat of
government for this state. Bnt at the first regular session after the adoption of this
constitution, the Legislative Assembl}- shall provide by law for the submission to the
electors of this state, at the next general election thereafter, the manner of the selection
of a place for a permanent seat of government ; and no place shall ever be the seat of
government under such law which shall not receive a majority of all the votes cast on the
matter of such election. No tax shall be levied, or an}- moue}- of the state expended, or
debt contracted for the erection of a state-house, prior to the j-ear eighteen hundred and
sixt3'-five. The seat of government, when established as provided herein, shall not be
removed for the term of twent}^ j-ears from the time of such establishment, nor in any
other manner than as provided in this article : Provided^ that all the public institutions of
the state, hereafter provided for b}- the Legislative Assembly, shall be located at the seat
of government." (Article XIV.)
On the 19th of October, i860, an act was passed by the Oregon legislature for the
submission to the popular vote at the election in June, 1862, and ever}^ general election
thereafter until " some one point " shall receive a majority of all the votes cast upon the
question of locating the seat of government. At the election in 1862, no place received a
niajorit}' of the votes. At the election in 1864, Salem received 6,108 votes, Portland 3,864,
Eugene 1,588 votes, and all other places 577 votes. Salem received seventy-nine majority
of the whole vote cast, and was duly declared " the permanent seat of government."
The incorporation of banks by the state was thus stringently prohibited : " The
Legislative Assembly shall not have the power to establish or incorporate any bank or
banking company, or moneyed institution whatever; nor shall any bank, company or
institution exist in the state with the privilege of making, issuing or putting in circulation
any bill, check, certificate, promissory note, or other paper, or the paper of any bank,
company or person, to circulate as money." (Article XI, Section i.) "Nor shall the state
subscribe to or be interested in the stock of any company, association or corporation."
(A/., Section 6.) " Nor shall the Legislative Assembly loan the credit of the state, nor in
any manner create any debt or liabilities, which shall, singly or in the aggregate with
previous debts or liabilities, exceed the sum of fifty thousand dollars, except in case of war,
or to repel invasion or suppress insurrection ; and every contract of indebtedness entered
into or assumed by or on behalf of the state, when all its liabilities and debts amount to
said sum, shall be void and of no effect." (/c/.. Section 7.) " Neither shall the state assume
the debts of any county, town or other corporation whatever, unless such debts shall have
been created to repel invasion, suppress insurrection, or defend the state in war." (/a'..
Section 8.) " No count}^, town or other municipal corporation, by vote of its citizens
or otherwise, shall become a stockholder in any joint-stock company, corporation or
association whatever, or raise money for, or loan its credit to, or in aid of, any such
company, corporation or association." (A/., Section 9.) "Neither shall a county' create
any debts or liabilities which shall, singly or in the aggregate, exceed the sum of five
thousand dollars, except to suppress insurrection or repel invasion ; but the debts of
au}- county, at the time this constitution takes effect, shall be disregarded in estimating
the sum to which such county is limited." (/c/.. Section 10.)
By the following humane provision, the property rights of married women were
adequately protected : " The property and pecuniar}' rights of ever}- 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." (Article XV, Section 5.)
#
HON. CHARLES M.BRADSHAW,
PORT TOWNSEND, W T
SESSION OF THE LEGISLATURE, 1857. 361
" The governor and secretary of the state shall receive an annual salar}- of fifteen
hundred dollars. The judges of the supreme court shall each receive an annual salary
of two thousand dollars. They shall not receive any fees or perquisites whatever for the
performance of any duties connected with their respective offices." (Article XIII.)
"The judicial power of the state shall be vested in a supreme court, circuit courts
and county courts, which shall be courts of record, having general jurisdiction, limited and
regulated by law. Justices of the peace may also be invested with limited judicial powers;
and municipal courts may be created to administer the regulations of incorporated towns
and cities. The supreme court shall consist of four justices, to be chosen in districts by
the electors thereof, who shall be citizens of the United States, and who shall have resided
in the state at least three years next preceding their election, and after their election to
reside in their respective districts. The number of justices and districts may be increased,
but shall not exceed five, until the white population of the state shall amount to one
hundred thousand, and shall never exceed seven. The supreme court shall have
jurisdiction only to revise the final decisions of the circuit courts ; and every cause shall
be tried, and every decision shall be made, bj- those judges only, or a majority of them,
who did not try the canse or make the decision in the circuit court. There shall be one
term, at the seat of government, annually." (Id.^ Article VII.)
An elaborate article (Article VIII) was exclusively devoted to the subjects of education
and the school lands. It provided, among other things : " The proceeds of all the lands
which have been, or hereafter may be, granted to this state for educational purposes
(excepting the lands heretofore granted to aid in the establishment of an university); all
the monej's and clear proceeds of all property which may accrue to the state by escheat or
forfeiture; all moneys which may be 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 when the purposes of such
grant shall not be stated ; all the proceeds of the five hundred thousand acres of land to
which this state is entitled by the provisions of an act of Congress, entitled, 'An act to
appropriate the proceeds of the sales of public lands, and to grant pre-emption rights,'
approved the 4th of September, 1S41, and also the five per centum of the net proceeds
of the sales of the public lands to which this state shall become entitled on her admission
to the Union (if Congress shall consent to such appropriation of the two grants last
mentioned) — shall be set apart as a separate and irreducible fund, to be called the
common-school fund, the interest of which, together with all other revenues derived from
the school land mentioned in this section, shall be exclusively applied to the snpport and
maintenance of common schools in each school district, and the purchase of suitable
libraries and apparatus therefor. The governor, secretary of state and state treasurer
shall constitute a board of commissioners for the sale of school and university lands, and
for the investment of the funds arising therefrom; and their powers and duties shall be
such as may be prescribed by law: Provided, that no part of the university funds, or of the
interest arising therefrom, shall be expended until the period of ten years from the
adoption of this constitution, unless the same shall be otherwise disposed of, by the
consent of Congress, for common-school purposes."
In the first section of the eighteenth article, " the second Monday in November, in
the year 1S57," was fixed as the day " for taking the vote of the electors of the state for
the acceptance or rejection of the constitution." On the day appointed, 10,390 votes were
cast, of which 7,195 were for its adoption, 3,195 against (i).
(i) See official proclamation of Goveruor Curry, dated December 14, 1857. Deady's " General Laws of Oregon," 1S43-64. page 129.
362 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The constitution having thus been ratified by the people, an election was to be held
in accordance with its provisions, on the first Alonda}' in June, 1858, for a member of the
United States House of Representatives, for members of the first state legislature, and
for county ofiicers under the new state constitution. That state legislature was to
assemble on the first Monday of July, 1858, to elect two United States Senators, and to
enact such necessary legislation as was required to perfect the state organization.
To avoid the confusion that might result from two sets of officers, two governments,
or from an inter regnum occasioned by an inadvertent superseding of the proper territorial
officers before state officers were authorized to act, it had been fully provided and understood
that, until Congress had passed the bill admitting Oregon as a state, that the territorial
organization should continue in unimpaired vigor, as though no efforts had been made to
change the condition of things. For which reason, at the election (1S58), the usual
territorial, district and county officers would also be elected.
The legislature elected in June, 1857, met December 17th, and organized by
selecting Hugh D. O'Bryant as President of the Council, and Ira F. M. Butler Speaker
of the House of Representatives. Governor Curry delivered a message, mainly devoted
to chronicling the growth of the territory, and referring to the change which was about to
take place, congratulating the Assembly upon the hopeful condition of Oregon affairs.
But little legislation was done beyond electing territorial officers; and, after a short session,
the last territorial Legislative Assembly adjourned on the 5th day of Januar}', 185S.
At the election in June, 1858, three different state tickets had been nominated. The
Democrats, so-called, or the Oregon Democrats, had nominated Lafayette Grover for
Congress and John Whiteaker for governor; the national Democrats supported Colonel
James K. Kelly for Congress and E. M. Barnum for governor; and the Republicans
presented a ticket with the names of John R. McBride for Congress and John Denu}- for
governor. Full nominations were made on all the tickets, including the offices of secretary
of state, treasurer and public printer. Besides those state tickets, the people of Oregon
voted for the usual territorial officials. In the election for state officers, the Republicans
abandoned their ticket and supported the national Democratic candidates. Kell}' received
a very strong vote ; but the regular Democratic ticket achieved its accustomed success.
L. F. Grover received 5,859 votes, James K. Kelly 4,190 votes. On the vote for governor,
Whiteaker received 5,738, Barnum 4,214. Matthew P. Deady, Riley E. Stratton, Reuben
P. Boise and Aaron E. Wait were elected Justices of the Supreme Court.
As provided by the constitution, the recently elected state legislature met on the 5th
of July, for the purpose of electing two United States Senators. Luther Elkins was
elected President of the Senate, and William G. T'Vault Speaker of the House of
Representatives. That legislature was composed of thirt3'-eight Democrats and eleveu
Republicans. Joseph Lane and Delazon Smith were elected United States Senators. On
the 8th day of July, John Whiteaker was inaugurated first governor of the State of
Oregon. But little legislative business was transacted. A tax law was passed providing
for the levy of a two-mill tax to defray the current expenses of the state organization.
Acts were also passed regulating the practice of the circuit courts, and fixing the terms.
In accordance, however, with the arrangements of making all legislation under the new
constitution dependent upon congressional admission of the new state, the time fixed for
these laws going into effect was the date of the admission of the State of Oregon by Act
of Congress.
PROCEEDINGS IN CONGRESS FOR ADMISSION OF OREGON. 363
Section lo, of Article XIV, relating to the legislative department, had provided for
the first regular biennial session of the Legislative Assembly to meet on the second
Monday of September, 1S58. As the state had not at that date been admitted, a
quorum failed to attend; and it immediately adjourned, without any attempt to make
even a temporary organization. On the 6th of December, the territorial legislature met,
electing Charles Drain President of the Council, and N. H. Gates Speaker of the House
of Representatives. Governor Curry's message was a lengthy essay on the power of
Congress over the territories, and upon the admission of states into the Union. The
legislature confined itself to electing territorial officers, granting franchises, amending
previously enacted laws, and in passing the usual stock of memorials to Congress. On
the 22d day of January, 1859, the last Legislative Assembly of the territory of Oregon
adjourned siuc die.
The constitution of the future state, together with a copy of the proclamation of
Governor Curry containing the official vote, approving not only the instrument itself,
but also the separate propositions which had been engrafted on the constitution, as
Sections 34 and 35 of the Bill of Rights, had been forwarded to Congress. The two
Senators-elect (Messrs. Joseph Lane and Delazon Smith) were both in Washington City
claiming seats in the United States vSenate. Lafayette Grover was also there in person,
urging his admission as a member of the United States House of Representatives for the
State of Oregon. On the ist day of February, 1858, the Senate referred the Oregon
constitution to the Committee on Territories.
On April 5, 1858, Stephen A. Douglas, Chairman of the Committee on Territories,
reported to the Senate a bill for the admission of Oregon into the Union. On the iSth
of May, it passed the Senate by a vote of thirty-five to seventeen. Twelve Republicans,
among whom were Nathan H. Seward, Simon Cameron, Zachariah Chandler, Jacob Collomen
and James Hartan voted for the bill. Among the Republican opposition were Senators
Benjamin F. Wade, W^illiam P. Fessender, John P. Hale, Hannibal Hamlin and Lyman
Trumbull. John J. Crittenden, John Bell and John P. Kenned}-, of the American party,
voted against the bill. The then Anti-Lecompton Senators voted for the bill. A party
analysis of the vote shows twelve Republicans, three Anti-Lecompton Democrats, one
American and nineteen Democrats voting for the passage of the bill, — six Republicans,
three Americans and eight Democrats voting against admission.
The bill was reported to the House for concurrence. The Democrats as a part}- were
interested to secure prompt passage of the bill. A Presidential election was approaching;
and at that time it seemed to be an assumed fact that three electoral votes would be given
by Oregon for the Democratic nominee, and those votes might be a dcsideratuvi. Kansas,
admitted under the free-state constitution for like political reasons, was desired b}' the
Republicans, and correspondingl}- opposed by the Democrats.
In 1856, in the discussion which had followed the introduction of the first act to
enable the people of Oregon to hold a convention to frame a state constitution. Delegate
Lane had stated it as his belief, that Oregon could at that time poll a vote of from 15,000
to 20,000. Again, on the ist of January, 1857, in the debate on a bill for the same object,
Alexander H. Stephens of Georgia, Chairman of the Committee on Territories of the
House, stated on the floor that Oregon possessed a population of 90,000. In debates on
the admission of Kansas, statements as to the population had subsequently proved to
have been exaggerated; and thus it was that the opponents of the admission of Oregon
received these estimates of population with allowance, and even challenged them. In
364 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
1858, a census liad been taken by the Oregon territorial authorities, which showed a
population of 42,677 (i)- While the Oregon constitution was still in the hands of the
Senate Committee on Territories, Delegate Lane actively and zealously participated in the
debate in the House of Representatives on the proposed admission of Kansas under the
so-called pro-slavery Lecompton constitution. The feeling between the two political
parties was wrought to a high pitch. Nor was that all ; there was an amiable and
respectable minority of the Democratic members who were styled Auti-Lecompton
Democrats, who included in the Senate such leaders as Douglas and Shields of Illinois,
and Stuart of Michigan. At such inopportune time, with such infelicitous surroundings,
Delegate Lane, one who was privileged merely to state the needs of his people, but could
not vote, an agent of a practicall}^ disfranchised constituency, his presence tolerated to ask
favors, but be disarmed of the ballot :
" That weapon that comes down as still
As snowflakes fall upon the sod ;
But executes a freeman's will
.■\s lightning does the will of God."
At such a time, when by the peculiar condition of parties and political contingencies,
the attempt was being made to shut out his constituency from real representation in the
counsels of the nation, he needlessly, not to say most unwisely, antagonized the
anti-slavery element in Congress, the Republican and Anti-Lecompton Democratic vote
therein, by the avowal of sentiments which it is not denied he had the fullest right to
entertain; but at the critical junction, when sympathy was needed from all quarters, the
policy of his then utterance of them must be gravely questioned. Oregon had the right
to claim that he should be exclusively for Oregon's admission, uutrammeled by the
Kansas-Lecompton imbroglio, or any extraneous issue. Duty to his constituency would
seem to have dictated conciliation rather than offensive partisanship with a particular
party. He said :
" I repeat, sir, that that constitution is before us. The people have had a chance to
vote upon the question of slavery, and nine-tenths of those who have voted have voted in
favor of slaver3^ I have no doubt that a majority of the whole people of the territory, at
the time the question was submitted, were not in favor of slavery. But their opposition to
slavery did not go to the extent of recording their vote against it. What I mean to say is
this, that, in ascertaining the will of the people, 3'ou are to look to the votes given for or
against, not to the vote withheld, whether they be withheld on account of indifference to
the result, or from factious motives. And when gentlemen say the}- are ready to vote for
the admission of a slave state, if they are satisfied that the people of the state are in favor
of slavery, and yet propose to vote against this constitution, I say, that, with the
constitution before us recognizing slavery, the}- are estopped in that argument. They
cannot go behind that constitution. It is here legally ; it is here legitimately ; it is here
properl}'. If there have been irregularities, bloodshed and disorder in the territor}', you
know how it has been caused. You know it has been caused by the instrumentality of
men armed with Sharpe's rifles sent out by the emigrant aid societies for the purpose of
defeating the ends of justice, and thwarting the will of the people. The fault rests with
them ; and let the consequence rest upon the guilty. Do not permit the territory and the
country to suffer. It is in behalf of the country that I speak. I appeal to this House to
(1) By the Tnited States census of iS6o, tlie population of OreKou was returned at 52,416.
A. P. WOODWARD,
UMATILLA INDIAN RESERVE.
OPPOSITION TO ADMISSION OF OREGON. 365
stand by the constitution, and to allow the majority of the people to regulate their own
institutions. Bring Kansas into the Union. Raise her to the dignity of a state. Place
the sovereignty in the hands of her people; and they will regulate their own affairs as they
please, and peace will be restored to the country. Let us not do injustice to our friends of
the South, now and for all time. I am sure my friend from Iowa (Mr. Curtis) would not
desire to do injustice. I have a very high personal regard for the gentleman. I know
him to be a man of good heart, and strong mind, although he is wrong in politics. He
has only to take one step further, and come over to the Democratic party. I say to that
gentleman, that the decision of the Supreme Court of the United State's upon this question
of slavery commends itself to my judgment; that .slavery nominally exists in the
territories subject to the control of the people when they come to form a state government;
that Congress has no power over the subject. It is not in the book. No such powers were
conferred upon Congress by the constitution. Our forefathers had the good sense to
confer, in plain and unmistakable terms, all powers necessary for the good of the whole
country ; and they took care to provide that the powers not conferred upon Congress
should be reserved to the states respectively, or to the people."
Ostensibly, those who made opposition to the admission of Oregon urged the fact that
her population was insufficient to entitle her to a representative in Congress, at that date
as fixed by the apportionment (93,000). While it is true that such objection should be
dismissed as frivolous, there being nothing whatever in the constitution of the United
States prescribing any number of population necessary as a condition precedent to
admission, the only requirement being that the applying state should have a republican
form of government, it being the imposed duty upon Congress to guarantee to each state
a republican form of government. (Article IV, Sections three and four, United States
constitution.) It being a question addressing itself to the sound discretion of Congress,
perhaps that body would be justified in insisting upon the guarantee, on the part of the
territory applying, of ability to maintain a state organization. In this case, that was
amply conceded. As there was no legitimate constitutional inhibition, there was no
justification for denying to Oregon so long a representation in Congress, — no warrant for
the enslavement of a territory, nor the disfranchisement of its citizens.
Another reason for opposition to Oregon's admission had for its origin a deep-seated
feeling of prej udice against the territory, a condemnation of the territorial authorities of
Oregon and Washington, and their volunteers in the Indian war of 1855-56, when,
ignored and neglected by the general government, in their own defen.se they justly and
necessarily chastised the perfidious murderers of our race, and the nations and tribes that
abetted them and joined in a war of extermination of the settlements. That war had
resulted in a large debt, which the people of Oregon believed should be assumed and paid
by the general government. The probability of such debt being successfully urged
would be enhanced by conferring upon Oregon congressional representation, with the
influence contingent thereupon. The Oregon people and authorities stood charged before
the nation as conspirators to rob the national treasury by inciting an Indian war, and
conducting raids against Indians in the Indian country. That war was foully and falsely
charged to have been instigated and waged for rapine and plunder. That population
deficit, that cruel suspicion that our people were barbarians and but semi-civilized, were
alleged as excuses by many for delaying the recognition of Oregon's just demand.
Again, there were conscientious Republicans who could not approve those prohibiting
provisions excluding, merely on account of race, free negroes from the state. To them it
366 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
seemed that sanctioning the admission of a state, with such provisions in its fundamental
code, was establishing a government anti-republican in form, and in defiance of the duty
imposed upon Congress by Section four of Article IV of the Federal constitution. All
these circumstances contributed to cause the delay in the admission of the state. But
Schuyler Colfax explains the true aniimis of the larger portion of those who were arrayed
in opposition to Oregon's admission : " The President in his message demanded that the
offensive restriction 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. General 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 L^nited States 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 Repiiblicaus to insist that Oregon, with her Lecompton delegation, should
wait for admission till Kansas, with her Republican delegation, was ready to 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
General 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 disenthrall 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 General Lane & Co., but in spite of the disfavor
with which they regarded them."
And such was the condition when the bill was taken up in the House. The
Republicans and Anti-Lecompton Democrats in Committee of the Whole attached
numerous amendments to the Senate Bill ; but, when the bill came to the House, it was
stripped of those amendments, put upon its passage, and there were enough Republicans
who were unwilling to punish the people of Oregon for acts of omission or commission by
the Democratic party to pass the bill as it came from the Senate. The first vote was
taken February 12, 1859. On the 14th the President approved the bill; and upon the
same day Joseph Lane and Delazon Smith presented their credentials and were sworn in
as Senators in Congress from the State of Oregon. On drawing lots for the respective
terms, Mr. Smith drew for the term which expired March 3, 1859 ; and General Lane drew
the term which expired March 3, 1861. Lafayette Grover on the next day appeared in
the United States House of Representatives, and took the oath of office as a member
thereof, from the State of Oregon.
The Admission Bill, however, imposed upon the people of Oregon the necessity of
formally accepting certain propositions, preliminary to the final and complete admission
into the Union : " i. Sections sixteen and thirty-six of the public lands in every township
shall be granted to said state for use of schools; 2. Seventy-two sections shall be set apart
OREGON ADMITTED AS A STATE, FEBRUARY 14, 1859. 367
and reserved for use and support of a state universit}- , to be applied in such manner as the
legislature shall prescribe for that purpose, but for no other purpose ; 3. Ten sections of
land shall be granted, in legal subdivisions, for the purpose of completing the public
buildings ; 4. Salt springs, not to exceed twelve in number, with six sections of land
adjoining, to be disposed of as legislature shall direct ; 5. Five per centum of the net
proceeds of the sales of the public lands within the state, for the purpose of making
roads and internal improvements, under direction of the legislature. The above propositions
are conditioned upon the people of the State of Oregon providing, by irrevocable ordinance,
that the state shall never interfere with primary disposal of the soil, nor with any regulations
that Congress may deem necessary to secure bona-fide purchasers thereof; and in no case
shall non-resident proprietors be taxed higher than residents ; 6. And that the State of
Oregon shall never tax the lands nor property of the United States within the state."
By a formal provision (section five) of the bill admitting Oregon as a state, the residue
of Oregon territory was incorporated into and made a part of the territory of Washington.
On the 3d day of June, 1859, the legislature of the State of Oregon passed an act
entitled, "An act relative to certain propositions made by Congress of the United States to
the people of the State of Oregon," which formally accepted all the propositions of the
said Admission Bill ; and then Oregon became incorporated into the American Union as
one of the states thereof, " on an equal footing with the other states."
Chapter XL.
(1827-1847-)
Southern Oregon — Natural Divisions — Topographical Features — Early Immigration
— First Settlement — Introduction of Cattle — ^ Emigrant Wagon Koad — Heroic
Corporation — Pioneer Koad Builders — Fremont's Old Camp — Exploring
Southeastern Oregon — First Immigrant Train Through Southern Oregon.
'^^HE historjf of the settlement and growth of Southern Oregon is full of varied and
X striking incidents in the life of its pioneers, very different from those experienced
b}' the settlers in the northern part of the state. The first immigrants to Oregon were
attracted to the Columbia river, in the expectation of finding that great watercourse
another Mississippi, down which their crops could easih' be transported to the Pacific and the
markets of the East. While there was some disappointment in regard to the facilities
afforded by the upper Columbia, the settlers were fully compensated by finding all the
desired advantages in the Willamette valle}^, the great plains north of the Columbia, and
the land-locked harbor of Puget Sound.
The subsequent immigration was chiefly induced by those advantages. The principal
idea seemed to be the ability to secure a market for the products of their industry. The
southern portion of the country was almost entirely unknown at that time. Its
remoteness from a market, and the hostile character of the Indians occupying the country,
rendered it a very undesirable region into which the settler should remove his family ;
while the ruggedness of the country rendered it a very difficult region to explore under
any circumstances. The northern boundary of what is known as Southern Oregon is
the Calapooia Range of mountains, which divides the waters of the Willamette on the
north from the waters of the Umpqua river on the south. This range meets the Coast
Range of mountains near the forty-fourth parallel of north latitude, and extends in the
general direction of soutli-b3'-east until it meets the Cascade Range at a point about fifteen
miles south of Diamond Peak. From this point, the boundary is an imaginary line
running due east to the line of the territory of Idaho. The southern boundary is the
fort3--.second parallel, which is also the northern boundary of the states of California and
Nevada. The eastern, which is also the western boundary of Idaho, is within a very short
distance from the one hundred and seventeenth degree of longitude west from Greenwich.
The western is the Pacific Ocean. Its area is not quite two degrees of latitude, and a
little more than seven of longitude.
This area is intersected by a network of hills and mountains, two ranges running
north and south throughout its whole extent, the Coast and the Cascade, while others
without anj' law or order intersect it from east to west. The Coast Range is from fifteen
to thirty miles from the coast, while the Cascades are from seventy-five to one hundred
miles. The most striking difference in the topography between the northern and
southern portions of the state arises from the change in the direction of the
( 368 )
HON.W.W. THAYER,
CHIEF JUSTICE.
HON.R.SSTRAHAN,
ASSOCIATE JUSTICE.
HON. W. P. LORD,
ASSOCIATE JUSTICE.
W. M . HOLMES,
CLERIC.
OREGON SUPREME COURT
i
i
TOPOGRAPHICAL FEATIRES OF SOUTHERN OREGON. 369
watercourses. North of the Calapooia Mountains, the main Willamette runs nearly
due north to the Columbia, with a broad and fertile valley on either side ; and on the
eastern side of the Cascades the Des Chutes runs an almost parallel course until it joins
the Columbia above the Dalles ; while, south of the dividing line, all the great rivers
have their rise in the Cascades, and, running westerly, break through the Coast Range,
and reach the Pacific. The first principal river south of the Calapooia is the Umpqua,
and the next is the Rogue, while there are other lesser streams which rise in the Coast
Range, and run west to the ocean, as Siuslaw, Coos river, Coquille and Chetco. The
Cascade Range from the point where the Calapooia meets it, near Alt. Thielson, to the
Siskiyou Mountains, at which it ends, presents some of the most striking mountain
scenery on the coast. Alt. Thielson is a snow-peak, and is said to have an altitude of
9,250 feet above the sea. Further south are a cluster of snow-peaks, among which is
situated the now famous Crater Lake; and overlooking the Rogue river valle}^ is Mt.
Pitt, also a very striking landmark. From the northwest base of Alt. Thielson, the
north fork of the Umpqua takes its rise, and from the southwest base the south branch.
After devious courses, they unite a few miles east of the Coast Range. The spurs of Alt.
Thielson to the west and southwest, between the two branches of the Umpqua, sink down
until they are lost in the hills of the Umpqua valley ; while between the Umpqua river
and the Rogue river, which has its origin near the source of South Umpqua river, the spurs
of the Cascades extend in a rough range of mountains nearly to the coast. The Siskiyou,
wnich is the dividing range between Oregon and California, runs westerly to the ocean,
and, after passing Rogue river valley and the headwaters of the Illinois river, spreads '
out so as to cover all the country south of the Rogue river to the California line, making
a section that is almost inaccessible, and has never been thorough!}- explored to this
da3\ The Coast Range is onl}- about one-third the height of the Cascades, nOr has it so
large a base ; but even this range is impassable except at certain passes. The valleys of
the Umpqua and Rogue rivers are not what the name generalU- implies. These rivers
have no broad level land along their borders ; but there is a succession of small valle3fs
divided by hills, the largest of which is the Rogue river valley, the first on the north side
of the Siskiyou Mountains.
Such a country, it will be readily perceived, presented great difiEculties to the explorer,
since he could not follow the course of the streams, but had to spend weeks threading the
intricacies of the hills and mountains, the most of which were covered with a dense growth
of timber ; and we can scarcely give too much credit to those who first penetrated this
wilderness, and opened it to civilization. There is strong proof that the Catholic priests
from the Spanish missions in California visited the valley of Southern Oregon long before
Lewis and Clark saw the Columbia river; and many years before the first Americans made
the trip, the trappers of the Hudson's Bay Company had made their annual journey from
the Sacramento to the Columbia with their furs. The first Americans of whom we have
any authentic account, who penetrated the countr)', were a party of trappers, under the
command of Captain Jedediah S. Smith, of the Rock}- Alountain Fur Compan}', of St.
Louis. In the spring of 1827, this party left the head of the Sacramento, with a large lot
of valuable furs, with the intention of proceeding north to the Columbia river; from which
point they could return east to their rendezvous, on Green river, east of the Rocky
Mountains. Upon reaching the headwaters of Rogue river, thinking they had reached a
stream which ran into the Columbia, they followed it to the ocean. From this point, they
followed the coast to the mouth of the Umpqua, where they were attacked by the Indians
370 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
while crossing the stream ; and all of the part}', except Smith, Prior and Laughlin, were
killed. These three managed to reach Fort Vancouver, with the loss of their animals and
furs. Smith reached Vancouver in August, 1828. The Hudson's Bay Company, being
very desirous of recovering this valuable property, sent one of their traders, John Garnier,
for this purpose, who erected a stockade, called Fort Umpqua, at the junction of Elk
creek and the I.^mpqua river. This was the first settlement of any kind south of the
Calapooia Mountains.
The next part}' to undertake the trip from the Sacramento to the Columbia was a
party of sixteen men, headed by Hall J. Kelley and Ewing Young. The}- had with them
about one hundred head of horses and mules, and left the mission of San Jose for the north
in the summer of 1834, their destination being the settlements on the Columbia. They
reached Rogue river valley with much difficult}-, and had a fight with the Indians on
Rogue river. Kelley was taken sick in the mountains of Southern Oregon ; and it is
probable that the whole party would have been destroyed had they not been overtaken by
a party of trappers, under the lead of La Framboise, returning to Vancouver after their
season's hunt. This party kindly relieved their necessities, and brought them safely, by
the Hudson's Bay Company's trail, to the Willamette valley.
In 1835, a party of eight trappers left the Sacramento valley for the Columbia. They
made the trip in safety until they arrived on Rogue river, and made their camp near the
mouth of Foot's creek, below Rock Point. Here several hundred Indians came into camp
with professions of friendship, and suddenly attacked the party with clubs, bows and
knives. The Whites fought with great desperation, and succeeded in repelling the attack,
with the loss of two men killed, the rest more or less wounded, and all but two of their
guns. The survivors proceeded northward, fighting the Indians by day and traveling by
night. But four of the party lived to reach the settlements on the Willamette. Their
names were J. Turner, George Gay, Dr. Bailey and Woodworth.
The want of neat cattle being severely felt by the settlers in the Willamette valley,
it was decided to make an attempt to procure the same from California. For this purpose
the Willamette Cattle Company was organized at Champoeg, in 1836, with Ewing Young
as leader, and P. L. Edwards treasurer. The company selected for the work numbered
eleven men, all mountaineers, many of whom had passed over the trail in 1S34 and 1835.
They left the mouth of the Columbia in a vessel named the Lariet, on the loth of
February, 1837, and arrived at San Francisco on the ist of March. After much difficulty
in procuring the cattle, and a still greater difficiilty in driving them, the party arrived at
the head of the Sacramento valley on the 20th of August, with 729 head. The difficulty
of driving these cattle, the most of which were wild, over a narrow, brushy trail and steep
mountains, was great; but in addition to this they were attacked in the Shasta valley, just
south of the Siskiyou Mountains, by Indians. This necessitated not only a close watch
over the cattle, but the utmost care to prevent a surprise by the savages. They reached
Rogue river on the 17th of September, having had several of the cattle wounded by
arrows, but only one killed. On that night, the party camped at Foot's creek, near where
Turner's party was attacked two years before. On the morning of the i8th, they moved
about sunrise; and about noon, in a rocky and bushy pass, they were attacked from each
side of the road. Young halted the cattle, and leaving them in charge of the herders,
proceeded, with four men, to rout the Indians. This he aff"ected, but his horse was shot
with two arrows, and Gay was wounded in the back by another. From this point, until
EMIGRANT WAGON ROAD. 371
they reached the Umpqua, they were continually harassed, but finally succeeded in
reaching the settlements on the Willamette about the middle of October, with 630 head
of cattle, with a loss of three men killed by the Indians.
The next attempt to pass through Southern Oregon was made in 184 1, when a
detachment of Commodore Charles Wilkes' exploring expedition, commanded by George
F. Emmons, then a lieutenant, consisting of four commissioned officers and thirty-four
men, left Vancouver for Yerba Buena (now San Francisco). Taking advantage of this
escort, J. D. Dana, the geologist, and several emigrants, with their families, undertook to
make the trip. They took the old Hudson's Bay Company trail and left Fort Umpqua,
at Elkton, on the iSth of September. They had been warned before they left, by Mr.
Garnier, the agent in charge of Fort Umpqua, of the character of the Indian tribes
through which they would pass, and the dangers they were liable to encounter. By using
strict military discipline, and allowing no Indians in his camp, the lieutenant succeeded
in making the trip without loss, although the Indians threatened an attack at several
points.
In 1S42 and 1S43 there were cattle driven from California, and parties of emigrants
going and returning; but, as they have no reference to the settlement of Southern
Oregon, and their experience was the same as already narrated, it is not deemed necessary
to record them.
The first and most effective method to secure the settlement of Southern Oregon,
although it was not so intended at the time, was the opening of a wagon road from the
Willamette to the confines of Southern Oregon, and, in view of its results, is entitled
to an extended notice. The immigration to Oregon by the way of the Columbia river
route had suffered severe hardships in the years of 1843, ^844 ^"d 1845; and many
attempts had been made to find a more accessible route over the Cascades further south,
without success, — justifiable search; for such a pass has been since discovered. The
immigration of 1846 was expected to be unusually large ; and while it was important
that the}^ should be afforded better facilities for reaching the Willamette valle}', it was
also necessary to provide against au}^ interference by the British authorities, who at that
time had laid claim to a large portion of the Columbia river route.
This matter was the subject of much discussion among the settlers ; and it was
finally concluded that the most feasible plan was to cut a wagon road from the Willamette
through the Umpqua and Rogue river valleys, thence east over the lowest portion of the
Cascade Range and through a country then unexplored, to Fort Hall, on the headwaters
of Snake river. To accomplish this object, a compau}- was formed in Polk county in
May, 1846, to undertake this enterprise, but, being insufficient in numbers, returned
without accomplishing an3-thing. Upon the return of what might be designated as the
prospecting party, a company was formed to execute the project. The company was
organized by the action of no legislative body, nor even by an instrument of writing,
but by what was more binding than either, — an agreement, between the men composing
it, who had faced danger in almost every form, that they would accomplish the object
thej' had undertaken or lose their lives in the attempt. Histor}^ presents but few
instances of self-sacrifice greater than this; and, it must be said in addition, that not a
single one of the compan}- failed to perform the agreement he had undertaken. Their
names are as follows : Jesse Applegate, Lindsa}' Applegate, Levi Scott, John Scott,
Henry Bogus, Ben Burch, John Owens, John Jones, Robert Smith, Samuel Goodhue,
Moses Harris, David Goff, Bennett Osborne, William Sportsman and William Parker.
372 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The expenses of the expedition were supplied b}- those of the party who were able to do so;
and as the Applegates were the richest in cattle, then the only mone}- in the countrj', the
burden fell principally upon them. It must be remembered that this expedition was
undertaken with no hope of reward, except of increasing the population of their beloved
Oregon, and securing the title to the United States. The members of this company
were all mountaineers, and were fully aware of the dangers they had to encounter. Mr.
Ogden, of the Hudson's Bay Compau}-, gave them all the information he possessed in
regard to the trails and the character of the route to be passed over, which he had
derived from the employes of the company and his own experience. He ridiculed the
idea of building a wagon road through that country, stating that it was an impossibilit}-,
and took especial pains to warn them of the hostile disposition of the Indian tribes
through whose countr}^ they would be compelled to pass, the worst of which, according
to his statement, were the Rogue river Indians, who had acquired the name b}' their
conduct toward the hunters and trappers of the compan}-.
This company of road builders was not composed of the material to be frightened at
such a prospect ; but, having provided for their families during their absence, each with
saddle and pack horses left Polk county on June 20, 1846. The point of departure was
on the La Creole river, commonly called the Rickreal, about where the town of T)allas
now stands; the course was up the west side of the Willamette to the crossing of Mary's
river, the site of the present cit}- of Corvallis, thence up the same river b}' the wa}' of
vSpencer's Butte until they arrived at the base of the Calapooia Mountains. Up to this
point they had experienced no difficulties, with the exception of building a few bridges.
From this point a thorough reconnoisance was made ; and the Pass creek route, which
afterwards became the roadway, was not adopted on account of the heav^- timber. They
chose a mountain ridge a few miles east, where, although the hills were higher, the expense
of a wagon road was less, owing to the timber being more sparse. They came out on the
southern side of the mountains into a beautiful little valley, now known as Scott's valley,
where some of the party subsequently settled. From this point the part}' moved on
through, as one of the party described the route, "the grassy, oak hills and narrow
valleys of the Umpqua country." The}' had some difficult}' in crossing the North Umpqua
river, but met no serious obstacles to a wagon road until they arrived at a point on the
South Umpqua, near where the old Hudsons Bay trail crossed the Umpqua Mouiitains.
A thorough examination of this route proved it to be impracticable for wagons; but, by
following up a stream opposite where they were camped, they discovered an available pass
through the present Umpqua caiion. On this stream they struck the trail of a large
body of Indians who had preceded them a few days, and who endeavored to stampede
their horses while camped in the little valley at the southern end of the canon. Traveling
through a very broken country, the sharp hill separated by small streams, upou which
were little openings, they arrived about noon at a branch of Rogue river afterwards named
Grave cre^k. After resting here two hours, their course was through a more open country,
with scattering pine and oak timber, until they reached a prairie on the banks of Rogue
river, about sundown.
The Indians had followed them from the canon ; and, when the}- approached
Rogue river, a large number of the savages occupied the bank of the river where the trail
crossed. The party therefore decided to remain in the open prairie, and prepared for a
night attack. Owing to precautions taken, no attack was made; but at daylight the Indians
were found occupying the position of the night before. On nearing the crossing, the
i&
■^ii^.
1^
r'fr
W. F.HOOKER,
CHENEY, W.T.
EXPLORING SOUTHEASTERN OREGON. 373
company was divided into two divisions, one driving the pack horses across the stream
protected by the rifles of the second, when the latter crossed protected by the guns of the
first. From this point they passed up the south bank of Rogue river and through the
Rogue river valley, which is described as one great meadow interspersed with groves of oak
which appeared like vast orchards, luitil they reached a stream now called Emigrant creek.
Here the old trail led south across the Siski3'ou Mountains; but the cour.se of the road
builders was east over an unexplored country several hundred miles in extent.
On the morning of the 30th of June, they moved along the north bank of the creek
and soon began the ascent of the mountains to the eastward, the slopes of which they
found to be gradual, where wagons could pass without difficulty, although these mountain
sides were covered by a heavy forest of pine, fir and cedar. On the 4th of July, they
reached the summit of the Cascade Mountains, and after descending the steep slopes on
the eastern side, at noon reached a small glade, from which they could see the Klamath
river. After reaching the river, they followed up the north bank about six miles, when,
emerging from the forest, they obtained a full view of the Klamath country, extending
eastward as far as the eye could reach.
Following the river up to near where it leaves Lower Klamath Lake, they crossed the
stream, and, proceeding down the river and along the lake shore a few miles, came into
the main valley of the Lower Klamath lakes. At this time, columns of smoke were seen
rising in every direction, which proved to the party that their presence was known to the
Modoc Indians, who were thus telegraphing the fact to the different bands of the tribe.
Keeping along the shore of the lake, they came to a stream called Hot creek, where they
found pieces of newspapers and other evidence that civilized people had camped there a
short time before. They also found signs which some of the party believed indicated that
persons had been buried there, which opinion was strengthened by the great excitement
among the Indians upon their arrival. It was afterwards learned that this was the spot
at which the Modocs had surprised the camp of Colonel Fremont, killed three of his
Delaware Indians, and would probably have destroyed the whole camp but for the vigilance
and presence of mind of Kit Carson. The Indians doubtless supposed this part}' had come
to aveuge the murder. Taking every precaution against an attack, they pursued their
way around the southern end of Lower Klamath Lake, and camped with the lake on the
west and a high, rocky ridge on the east of them. In the morning, they ascended the
ridge, and discovered at its eastern base Tule or Modoc Lake. Farther to the east, at a
distance estimated at thirty miles, they saw a timbered butte, and what appeared to be a
pass through the range which surrounded the lakes. In descending the ridge, they
became entangled among the crevices and caves of the lava beds, and were compelled to
return to smoother ground. Thence a northern course was taken around Modoc Lake ;
and after crossing Lost river near the lake, they passed eastward over the rocky ridge
between Langell valley and Clear Lake ; thence around the southern end of Goose Lake ;
and on the Sth they encamped at the mouth of a stream coming in from the southwest.
From this point a pass was found into Surprise valley, with grass and water plenty; but
beyond the prospect was exceedingly gloomy. Between them and the Humboldt river,
their objective point, a sandy desert, broken only by rocky ridges, stretched interminably
without a sign' of water or grass. Nothing daunted, they left camp on the 9th ; and, after
enduring severe hardships of hunger and thirst on this alkaline desert under a July sun,
on the iSth, at noon, they reached the Humboldt river. Being too far south, they
proceeded up the valley for three days, when they arrived at the Meadows, where they
374 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
found plent}^ of grass and water; and, after remaining a few days to recruit their horses,
the}' resumed their march. The majority of the company proceeded to locate the road to
Bear river, south of Fort Hall, as originally intended, while Jesse x'Ypplegate, Harris Goff,
Owens and Bogus turned off from Thousand Springs valley to Fort Hall for supplies.
While at Fort Hall, Jesse Applegate represented the advantages of the route just
explored; and a caravan of ninety or one hundred wagons met, on August 12th, at the
Thousand Springs, to follow the new road. Leaving David Goff and Levi Scott to guide
them to the Willamette, the Applegate party, accompanied by a party of young men of
the immigration, pushed forward to mark or cut out the road, as the exigency required.
The real labor of road-making was over the Cascade Mountains, through the Grave creek
hills and the Umpqua caiion. After arriving in the Umpqua valle}', their provisions
being exhausted, they left the work of clearing the road over the Calapooia Mountains,
which was light, to the immigrants themselves, and returned to their homes, in the
Willamette, on the 3d day of October, 1846.
In Alay, 1S47, Levi Scott led a company of twenty men, destined for the states, over
the Applegate route, and guided a portion of the immigrants of the following autumn into
the Willamette valley in good season and in good condition, while the main immigration,
by the Snake rivef route, suffered severely. Among the immigrants of this year (1S47)
was Colonel W. W. Chapman, who has since made a brilliant record, both in the territory
and the state. This expedition established the reputation of the southern route ; and the
legislature of that 3'ear passed an act for its improvement, making Levi Scott commissioner,
and allowing him to collect a small toll as compensation for his services.
In June, 1847, Cornelius Gilliam set out, with a company, to explore the Rogue river
and Klamath valleys, and on his return made favorable mention of the climate and soil
of that locality. Nevertheless, on account of the hostile savages, Southern Oregon
remained still unsettled. The discovery of gold in California opened a new era in the
history of that section, which will be developed hereafter.
Chapter XLI.
(1848-1850.)
Early Arj«:<»iiauts — First American Settlemoiits South of t lie Calapooias — A Fri<Mi(l
of the Whites — United States Regulars in Southern Oregon — Haifa Keginient
Deserts — Fighting Their Way to the Gold Fields — Relief for the Deserters —
A Soldier for Dinner — Dogs for Supper — First Cattle in Oregon — Forcing a
Treaty of Peace — First Civilized Vessel to Enter the Umpciua River — Trying
to Boom the Country — Founding of Umpqua City, Gardiner, Scottsburg and
Winchester — Organization of Umpqua County.
THE discovery of gold in California, in the year 184S, greatly hastened the settlement
of Southern Oregon. At the time of the reception of the news in the Willamette
valley, the settlers were engaged in the war with the Cayuse and other tribes of Indians,
in the northern part of the territory; bnt peace having been secnred, and the harvests
of that 3-ear gathered, many of the Oregonians went to the new El Dorado to make their
fortunes. These adventurers packed the supplies for their long and difficult journey on
horses or mules, and, on account of the hostile character of the Indians on the route,
were compelled to travel in well-armed companies of considerable numbers, and to exercise
the utmost caution to prevent a surprise. Colonel J. W. Nesmith, who made the trip in
the fall of the year, says : " From the time we left the Umpqua valley, our party was
continually harassed by Indians ; but, by keeping strict guard, and allowing none of them
to enter our camp, we made the journey without any serioiis casualties." Colonel John E.
Ross also led a company over the route, with a like experience ; but there were several
parties who left the Willamette valley, or were returning to it, during this year and the
next, who were never afterwards heard from. On account of lack of numbers, or want of
experience and caution, they were doubtless robbed and murdered by the savages.
In the summer of 1848, Captain Levi Scott, the old scout, with his two sons, William
and John, ventured to take land claims, under the act of the Provisional government, on
the south side and near the base of the Calapooia Mountains, which they named Scott
valley. They were followed, in the fall of that year, by Robert Cowan. In the summer
of 1849, Jesse Applegate located his claim at Yoncalla, in the same neighborhood. These
were the first American settlers in Southern Oregon. Although they settled upon the
extreme northern portion of the dangerous territory, the safety of their flocks and herds
was largely owing to the annual presence of a band of Klikitat Indians, w^ho, headed by
their war chief, made regular raids upon the southern Indians, often as far as Rogue river.
The professed object of these trips was hunting ; but, in addition to gathering furs and
skins, they amused themselves by fighting the local tribes, stealing their women and
anything else they deemed valuable. The Klikitats originally belonged north of the
( 3-5 )
376 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Columbia river, but had been driveu from their original location bj- some stronger tribes.
The}^ had acquired some civilization from the Hudson's Baj- Compan}-, were well armed
with guns, and were good warriors. Their chief was a man of imposing presence, and
was known as the Socklate Tyee, or Great Chief; but his real name is found in none of the
records. He was a sincere friend of the new settlers, and especially to Jesse Applegate,
whom he always regarded as a great chief.
In the spring of 1849, the United States government ordered the Mounted Rifle
regiment to Oregon, for which sen,-ice it was originally intended. Captain Hawkins, of
this regiment, who was in command of the escort of General Joseph Lane in 184S, over
the old Santa Fe trail, as the southern route across the plains was then called, was
ordered, with a detachment, to meet the regiment at Fort Hall, and guide them to Fort
Vancouver. Colonel William J. Martin and Captain Levi Scott were employed as guides.
The detachment followed the Applegate trail, as it was more practicable at that season of
the year, and reached Fort Hall without loss of an}' of the men, owing to the experience
of the guides, both of whom were old mountaineers, and familiar with all forms of Indian
treachery ; but Colonel Martin admits that Captain Scott had five arrows in his body when
they reached their destination.
At Fort Hall the detachment met the Rifle regiment, and conducted it b)' the Snake
river route to Fort Vancouver without serious loss. Among the noted immigrants of that
year was Matthew P. Dead}^ then a young man, now United States District Judge,
whose services as a jurist during the life of the territory, and, since that time, for the
state, are too well known to need any eulogy.
Shortl}' after the arrival of the regiment at Vancouver, a detachment of about four
hundred of them were stationed at Oregon City. During the winter the soldiers became
very much excited by the stories of the returned gold hunters from California ; and in the
month of January about three hundred of them deserted in a bod}' and started for the
gold fields. They were entirely unacquainted with the country over which they were to
travel, and, of course, had a scanty supply of provisions. They made their way up the
Willamette river and over the Applegate road through the Umpqua valley safely. From
the Cow Creek Mountains to Rogue river, they were continually harassed by Indians.
At the crossing of Rogue river, they were met by the Indians in full force, and a desperate
fight ensued. About eighty of the men fought their way across the river, and after untold
suffering succeeded in reaching the Sacramento valley with the loss of many of their
number. Those who failed to cross the Rogue river were overtaken by the most severe
snowstorm ever recorded in that section of the country. Their ammunition being almost
exhausted, and their provisions entirely so, the men divided into small companies and
scattered over the country, in the hope of obtaining sustenance until the storm was over.
The troops remaining faithful at Oregon City were not sufficient in numbers to
arrest the deserters; and Colonel Loring, in command of the regiment at Vancouver, not
willing to try the fidelity of the men under his immediate command, made a request for
volunteers. Governor Lane promptly responded to the call, and with a party of citizens,
all of whom were mountaineers of tried courage, proceeded with a detachment of the
Rifles to capture their erring brothers. U^pon reaching the Cow Creek Mountains,
Governor Lane and his party went in advance, the regulars following with a pack-train
of provisions. When nearing the Umpqua canon, learning that the deserters were in a
starving condition, the commanding officer of the detachment called for volunteers to
HON. E.D.SMITH,
LOWELL, W.T
FORCING A TREATY OF PEACE. 377
carry rations to the sufferers in advance of the pack train, which was compelled to travel
slowly on account of the snow. The leader of these volunteers was Captain J. D. Biles,
a gentleman well known in Northern Oregon, who has the honor of being the first
judicial officer under the United States government north of the Columbia river, having
been appointed a justice of the peace at Vancouver b}' Governor Lane in 1S49. This
relief party, with packs on their backs, traveled on foot through the snow, in many places
four feet in depth. Although nearly starving themselves, the}'' were the first to discover
a company of the deserters who had just drawn lots as to which of thera should be killed
as food for the remainder. The man who had drawn the fatal long straw was being led
to the place of execution when the relief party came in sight. Captain Biles says that
it would be difficult to tell which felt most relieved b}' their appearance, the man who
was to be sacrificed or his comrades. The commanding officer of the detachment finding
that the rations he brought would be inadequate for the purpose, purchased a number of
beef cattle of Jesse Applegate, which were driven by him and his men with the pack train.
This party discovered one company of the deserters, who, having met a band of Indians
nearly as starved as they were themselves, but, being tempted by the offer of guns and
ammunition, sold the soldiers all the dogs they had in camp. These furnished the
provisions of the company until the}' were relieved. The surgeon of the relieving party
prescribed a light diet of soup, which the starving men deemed insufficient. Mr. Applegate,
while on an inspection of the camp at a late hour of the night, discovered a party cooking
something in a camp-kettle over a small fire, and being fearful that the orders of the
surgeon were being violated, made an investigation of its contents. Upon removing the
lid, he was much surprised at the appearance of a dog's nose, this being the last remnant
of the dogs purchased of the Indians. After this terrible experience, the soldiers readily
returned to their duty and remained faithful during the term of their enlistment.
In the year 1837, the first cattle were brought to the Willamette valley by Ewiug
Young and company, which by reason of the nutritious grasses and equable climate
increased rapidly, and in a few years produced a surplus. When the mining immigration
had reached the upper Sacramento valley, we find the Oregonians driving cattle to the mines
to supply the newcomers with beef. In the year 1850, several bands were driven. On
June I, 1850, Governor Lane, Thomas Brown, still a resident of Douglas county, Captain
Thompson, an old mountaineer, and Martin Angell, killed by the Indians in 1855, '^^
Yamhill with three hundred head. Upon reaching Rogue river, near Gold Hill, the
governor sent for the head chiefs of the Indians, Joe and Sam, with whom he negotiated
a treaty of peace. While the " peace talk " was being carried on, Sam Mulkey, who with
a party of miners was accompanying the governor, discovered, among the Indians on the
opposite side of the river, two horses which had been stolen from him while returning
from California in the spring of 1S49. These the chiefs were required to return to the
owner. Upon the return of the horses, it was found that a negro servant belonging to
the cattle party had been captured by the Indians ; and the chiefs were held as hostages
until he was safely delivered in camp. This was done about dark. The negro had gone
in the morning prospecting for gold, taking a pistol with him, but unconscious of danger.
About noon the Indians pounced down upon him and took him prisoner. They not only
took his pistol, but stripped him of his clothing. Being a curiosity to them, they concluded
to make him a slave. The poor negro was extremely happy in being returned, and never
after left the protection of the camp.
378 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
At this point, John Kelly, who was register of the laud-office of Southern Oregon in
1861, and afterwards collector of customs at Portland, purchased the interest of Captain
Thompson in the baud of cattle, and went with the party to the Sacramento vallc}-, which
they reached without difficulty. Upon their arrival, the cattle were sold ; and most of the
members engaged in mining during the winter. In the spring, General Lane, Brown,
Kelly and Angell came north to the newl}' discovered mines on Scott river, a branch of
the Klamath.
The wave of gold-seekers, attracted by the first discover}' in 1848, swept northward up
the Sacramento river, over almost inaccessible mountains and more dangerous canons,
through a countr}^ that had never been explored, to the Trinit}- and Klamath rivers, and
in the year 1S50 had almost reached the Siski^-ou Mountains. The difficulty of getting
supplies to the miners over the rough mountain trails they had followed in their
explorations led some of the adventurous men in San Francisco to acquire a cheaper
route by sea. The mouth of the Klamath river, which enters the Pacific Ocean about
fort}' miles south of the forty-second parallel of latitude, offered the nearest route to the
mines, if it should prove to be practicable.
In the spring of 1S50, the firm of Winchester, Payne & Co. promoted a scheme for
this purpose, which was known as the Klamath exploring expedition. Patrick Flanigan,
of Coos Bay, was one of the stockholders in the company. The company fitted out the
schooner Samuel Roberts^ under the command of Captain Coffin, with Peter Mackey as
first mate. On arriving at the mouth of the Klamath river, it was found that it was not
navigable, and that it was impossible to construct a road from that point to the mines, by
reason of the inaccessible mountain ranges intervening. After this discomfiture, the
vessel sailed up the coast until it reached the mouth of Rogue river, in latitude about
forty-two degrees, twenty-five minutes. Here Mackey and two of the men landed in a small
boat to prospect the river and its entrance. Upon their landing, they were immediately
surrounded by hostile Indians. By keeping close together, and threatening their
assailants with their revolvers, they protected themselves until Captain Coffin, seeing the
danger to which they were exposed, fired from the vessel a cannon-shot over their heads.
The noise was so novel and terrifying that the Indians fled in great haste, enabling
Mackey and his men to reach their boat and the vessel in safety. Proceeding up the
coast, the mouth of the Umpqua river was reached, which was entered without accident of
any kind. The Samuel Roberts was the first vessel of any nation to enter the Umpqua
river.
It took but a short time to satisfy the explorers that the river was navigable for a
considerable distance from its mouth, and that a practicable route for a wagon road could
be located to the Applegate road, which furnished a comparatively easy way to the mines
in Northern California. After ascertaining these facts, the Samuel Roberts returned to
San Francisco.
The glowing accounts of their new discovery, given by the members of the Klamath
expedition upon their return, created a great excitement in the city; and the firm of
Winchester, Payne & Co. immediately fitted out another schooner, the Kate Heathy
for the same port. The party consisted of one hundred men, headed by Mr. Winchester,
and was intended as not only a trading but a colonization venture. Their object was not
alone to establish a trade from their new seaport to the mines, but to select and lay out
townsites at such points as would likely prove trade-centers in the country which they
FOUNDING OF UMPOUA CITY, GARDINER, SCOTTSBURG AND WINCHESTER. 379
confidently believed would be rapidly settled. Among the adventurers were many men who
subsequently made their mark in the state, of whom we may name Addison C. Gibbs,
afterwards governor of the state; Patrick Flanigan, who afterwards engaged in coal mining
on Coos Bay; Addison R. Flint, who came with the expedition as surveyor, and many
others whose names will appear in a subsequent part of this work.
The Kate Heath sailed from San Francisco on the 12th of September, 1S50, and
entered the Umpqua safely after a quick passage. After crossing the bay, they were
surprised to find the wreck of a vessel which proved to be the ship Bostonian. This ship
had been dispatched by a Boston merchant by the name of Gardiner with a cargo of
merchandise, around Cape Horn, under the charge of George Snelling, a nephew of
Gardiner, as supercargo, as an adventure on the northwest coast. Snelling having heard
of the new discovery entered the Umpqua, but having missed the channel was wrecked
upon a sand spit. The crew' managed to save most of the cargo, which was taken to a
place of safety and covered by the sails of the wrecked vessel. This spot was named
Gardiner, and has ever since been a place of importance as a seaport.
The part}- on the Kate Heath laid out their first town near the month of the river on
the north side, which they named Umpqua City. Passing up the river beyond Gardiner,
they arrived at the mouth of Smith river, where a number of men were landed to cut
piling timber, then in great demand at San Francisco, for a return cargo. Some of the
party went up to the head of tide water, where they found that Cajjtain Levi Scott, the
old mountaineer, had already laid out a townsite which he named Scottsburg, which he
was probably induced to do by the entrance into the river of the Sa7)iiiel Roberts. The
same part}- proceeded to find a trail to the Applegate road; and on the route at the mouth
of Elk creek they laid out the town of Elkton. They found a good wagon road to the
main thoroughfare a few miles from the North Umpqua river, at the crossing of which
they laid out the town of Winchester. The exploring party returned to Smith river,
where the schooner was loaded with piles and spars, and sailed for San Francisco,
where she arrived safely. Owing to a conflict of views, the association was broken up.
Winchester, Pajnie & Co. became bankrupt; and all their brilliant prospects were left for
others to realize.
The vessels which entered the mouth of the Umpqua river during the A-ear 1850
\\&r& i\\Q. SaiiiKel Roberts^ Bostonian (wrecked), Oriolan, Kate Heath, Reindeer, Minerva
and Caleb Curtis. All except the first two came in ballast with passengers, and took a
return cargo of piles. Nearly all these passengers remained and became citizens of the
new territor}-. Many of them took claims under the Donation Act, while others engaged
in various occupations.
The new settlers were all deeply impressed with the importance of opening the route
to the mines in Northern California; and, with this object in view, they laid out a trail
to the main overland thoroughfare. At Winchester, John Aiken and Thomas Smith had
established a ferry. During this year, Dr. E. R. Fiske located a Donation claim
adjoining and below that of Levi Scott ; and later William Sloan located one still farther
down the river, which were subsequently known as Middle and Lower Scottsburg. In
December, 1850, Captain Morgan, who owned the barque Minerva, and J. Woodbury of
Hartford, Connecticut, established the first store in Southern Oregon, upon the premises
of Dr. Fiske ; and Dr. E. P. Drew was selected by the owners to take charge of the same.
380 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
This was a great convenience to the settlers in the upper part of the vallej-, who had
before been compelled to purchase and pack their supplies from Corvallis, then called
Marysville, a distance of one hundred and twenty miles.
The increase of settlements along the Umpqua in this year, caused by the discovery
of a new seaport, was sufficient!}' large to induce the territorial legislature, in the winter
of 1850-51 to establish a county government for their benefit. The new county was
named Umpqua ; and its boundarj' line commenced on the coast at the southwest corner
of Benton count}^, thence east to the Calapooia Mountains, thence following this dividing
ridge to the head of Calapooia creek, thence down that stream to its mouth, thence down
the Umpqua river to the Pacific Ocean. All the remainder of Southern Oregon belonged
to the county of Lane. The organization of Umpqua was effected in the spring of 1851.
HON. HUGH LBROWN
BROWNSVILLE. OR
MPS CLARRISA BROWN.
BROWnSVILLE.OR.
ANDREW WARREN
BROWNSVIULEOF?
OLIVER PCOSHOW,
BROWNSVILLE OR.
MRS SARAH E COSHOW.
BROWNSVILLE OR.
Chapter XLII.
(1850-1851.)
Gold in Southern Oregon — Ambushed by Savages — General Phil Kearney — The
Settlers' Appeal — Gallantly Answered — The Military Worsted — Her<)ie Conduct
— Death of Captain Stewart — Reinforcements by Volunteers — General Jo Lane
at the Front — The Indians Beaten — A Bad Appointment.
DURING the winter of 1S50, the mines on Scott river and Yreka, just south of the
Siskiyou Mountains, were discovered, and, proving verj^ rich, attracted a large
number of miners. In the spring of 185 1, after the water had failed on the Yreka flat,
the miners started north, in search of new placers. One party of thirty men, under the
leadership of Hardy Elliff, now a resident of Douglas count}-, crossed the mountains by
the waj' of the old Oregon and California trail into the Rogue river valley, followed it
down to the present site of Jacksonville, thence south by Sterling and Little Applegate
creeks and across the mountains to the Klamath river. After going down the river a
short distance, they recrossed the mountains and reached the head of Illinois river, upon
which and its tributaries very rich placer mines were discovered ; and a large influx of
miners followed. Thus the settlement of Josephine county preceded that of Jackson by
nearl}' a year.
In the spring and summer of 1S51, three ferries were established on Rogue river to
accomodate the increased travel to and from the Willamette valley and California. These
were all, or nearly all, on the line of the Applegate road. The names of the daring
adventurers who risked their lives in the business were Davis Evans, Charles Perkins
and the Jewett brothers. The ferry stations were the only houses or cabins between the
Umpqua valley and Yreka.
Early in 1851, I. B. Nichols, who left Iowa for Oregon with the immigration of 1847,
but followed the partv going down the Humboldt river to California, was engaged in
packing from the new seaport of Scottsburg to the Yreka mines. On entering Rogue
river valle}-, he was informed that the Indians, in violation of their treat)^ with Governor
Lane, were openly hostile. He camped with his train at Willow Springs, but a few miles
south of Rogue river, taking ever}^ precaution against surprise. The subsequent events,
as related by Mr. Nichols himself, are as follows :
"Just at daybreak, June 2, 1851, A. B. Jenkins went to the spring near the willows
for water, and was ambushed b}' the Indians. He was seated dipping water when he was
fired upon. His coat was nearly torn off" of him by buckshot ; but onl}' one hit him in
the heel. He ran out of sight ; and the Indians, seeing me coming to his rescue, began
firing at me. The other men of the party, who were in bed when the firing commenced,
hastily rushed to the rescue with their guns. The savages, who were too cowardlj- to
fight in open ground, although there were only six of us, took refuge in the willows, from
which we were unable to dislodge them, on account of the densit)^ of the thicket. Seeing
(381 )
382 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
two of the Indians mount their horses and ride towards Rogue river, evidentl}- for
reinforcements, our partj^ mounted our saddle horses and hastened to Perkins' ferr}' for
assistance. Having secured an addition to our part}', we returned to our camp, to find
that the Indians had destro^-ed the outfit, taken all the cargo, and driven off all of the
train but four mules." IMr. Nichols went on to Yreka with the pack of Ball & Jacobs,
where he purchased a new outfit, and returned to the Willamette for another cargo. On
the 3d of June, a part}- of thirtj'-two Oregonians, under Dr. James AIcBride, returning
from California, were attacked near Willow Springs. The Indians were repulsed with a
loss of seven killed, the Whites having one man wounded in the thigh, and losing four
saddle and pack animals, one of them having a pack containing fifteen hundred dollars in
gold dust.
In May, 1851, the late General Phil Kearne}', then a Brevet Major of the First
Dragoons, left Fort Vancouver overland for Benicia barracks in California, with a squadron
of that regiment. Upon his arrival at the Umpqua caiion, he was met by a deputation of
settlers, miners and packers, who presented him a petition, of which we give a copy, as it
contains not only a full statement of the condition of affairs at that time, but a list of all
the white men then in that section of the country :
"Umpoua County, O. T., nth June, 1851.
" To M.\jor Ke.arney, Commanding Detachment U. S. Army,
" Sir: The undersigned, citizens of the United States and residents of Oregon, beg
leave respectfully to inform }'ou that the savages in this vicinity and along the southern
frontier of this territor}- are now in a state of actual hostility to the white inhabitants.
" They have recently attacked and robbed several parties, and murdered a number of
citizens pursuing their peaceful avocations. Those engaged in mining operations have,
by the determined hostility of the natives, been forced to embody themselves in large
parties and maintain a military organization for their common safety, which draws heavily
on the time of each individual, and greatly diminishes the profits of labor. Besides which,
many persons who have formed settlements for agricultural and commercial purposes
have been forced to abandon their homes and flee to a place of safety. All of these facts
we are, if desired, able to establish by the most positive evidence.
" We will further state that if you consider the case one justifying you in attempting
the fortification and safety of the southern frontier, we pledge ourselves, so long as you
may be detained in the performance of this, to us, highly important service, to supply your
troops with ammunition and subsistence at prices as low to the government as such
articles can be obtained and transported to the seat of your operations.
" Earnestly soliciting a reph-, we remain, with the highest respects,
" Your most obedient servants,
"Joseph Knott, W. Patterson, Wm. Harris, A. B. Florence, Wesley Carroll, John W.
Lancaster, J. C. Gouldin, H. P. McGee, W. H. Bolander, D. Evans, Philander Gilbert, M.
M. Foote, Samuel Hoffman, George B. CuUen, Franklin Kittredge, Daniel Grewell, J. D.
Jewett, Jack Powell, Geo. C. Brown, William Judd, James F. Gazley, W. D. Eakin, Albert
H. Hakes, Sam'l McCullum, David Avery, Charles Perkins, Hearou Noble, Wm. T.
Patton, John Sweet, Samuel Neill, David White, James Williams, N. P. Newton, David G.
Boyd, Thomas N. Aubrey, J. M. Jes.se, Gilbert Reynolds, Waldo Jewett, Sewell Johnson,
Edward Griffin, R. Ferrel, John Dickens, John Fullerton, J. W. Corkins, A. Tyrrel, Wm.
REPORT OF GENERAL PHIL KEARXEV. 383
Burget, Reuben F. Burget, David Powell, Geo. T. Easterbrook, Leonard J. Powell, James
G. McLealner, J. M. Stewart, C. G. Belknap, G. W. Betliards, H. A. Belknap, M. G. St.
John, Reuben Dickens, Joseph A. Watt, James Watt, R. S. Jewett, Wm. Densmore, Wm.
N. Wells, Jesse Hawley, Chisholm Griffith, Allen Nixon."
Major Kearne\', who was too gallant a soldier to resist such an appeal, immediately
undertook to protect the settlers. It is impossible to describe his subsequent campaign
more tersely than he has done in his reports to the adjutant-general at Washington, of
which the following are copies :
" Hdqrs. Detachment First Dragoons,
" Camp on Branch of Rogue river, June 19, 1851.
"The Adjutant-General, U. S. Army,
" S/r : I have the honor to report in detail that I left Columbia Barracks, Vancouver,
on the 29th ultimo, pursuant to instructions from division headquarters, with the
squadron of First Dragoons, late transferred from the Mounted Rifles, en route for
California.
" The first part of our march was the ordinary routine, passing through a thinl}-
settled, but uncommonly fertile and beautiful, country. On nearing the extreme
settlements, rumors of Indian hostilities met us. At Knotts, at the entrance of the
Umpqua canon, the truth of these was confirmed beyond a doubt ; and I was waited on
bv a deputation of citizens with a petition requesting the protection of my command.
" A post is required in this vicinity more than at any other point in Oregon. This
point is the ke}' to the road to California, and is the best entrance for emigrants to
Oregon ; and the Rogue river Indians are proverbiall}' the tribe of all others to be dreaded
as fierce and treacherous in the extreme. At this moment, not only is the ' road' infested
by them, but all the settlements throughout the Umpqua are in danger.
" As, under my orders, it was not in my power to delay more than a limited period,
I deemed it advisable to surprise these Indians, if possible. Consequentl}', having
detached ni}- train under Lieutenant Irvine, b}' the regular road, with as strong a force
as I could spare, guided b}' Messrs. Jesse Applegate and Levi Scott, I penetrated by a
new route, placing m3-self in rear of the presumed situation of the Rogue river villages ;
and thus I hoped, with even the limited force of sixty-seven men, to break them up before
they could combine or disperse. We left Knotts on the 14th instant, following up the
South Umpqua, cros.sed the Divide on the i6th, and reached the Rogue river on the
following da}'.
" Our difficulty was the uncertainty of the distance to, and the situation of, the
villages. They were supposed to be from five to ten miles off. My plan was rapidly to
sweep both sides of the river ; but it was found for miles unfordable and dangerous in
swimmiug from the swiftness of the current and nature of the banks.
" We pushed on at a trot on discovering a fresh trail ; but signals and cries soon
convinced us that we had been discovered and our movements watched. Tlie column
took the gallop, trusting to anticipate the Indian scouts, Captain Walker leading with
orders to seize canons or passes when he could, and Captain Stewart following in
supporting distance, but destined under my command to act on the right bank, the
provisions and baggage following with a small guard.
384 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
" A part}- of Indians being observed in a hammock, Captain Walker dismounted and
cleared it, the Indians escaping b\' the river. Captain Stewart was ordered to cover this
movement. Shortly after this period, Captain Walker most gallantly pushed across the
river in defiance of all obstacles, and some Indians opposite, fortunateh' without accident.
I then overtook and joined Captain Stewart's half squadron just in time to see it, in a
brisk skirmish, charge and destroy a party of the enemy, who fought desperately, — a
charge brilliant in itself, but costly to us, as it resulted in the death of its most
distinguished leader, who fell mortally wounded whilst leading his men. Two others
were badly wounded. The train had now to be waited for, and the camp of the wounded
established.
" This occasioned a delay of some three-quarters of an hour, and left me but seventeen
disposable men, with whom, accompanied by Lieutenant Williamson of the Topographical
Engineers, whom I assigned to line duty, I pushed on again rapidly, hoping at least to
make a diversion for Captain Walker. After passing on some miles, a smoke at a distance,
which proved to be a signal fire, led me to suppose that Captain Walker had destro\-ed
some villages.
" I consequently disposed my men so as to intercept the fugitives. This brought me
unexpectedly on a powerful war party of two hundred and fifty or three hundred Indians.
Fortunately, an isolated clump of trees gave me a strong position and concealed my
numbers. I maintained this position as long as I dared, without being cut off from
my camp, and retired without loss.
"The next day, fearing for Lieutenant Irvine's and Captain Walker's detachments,
especially from our previous ignorance of a strong war party, and greatly hampered by
hospital litters, I crossed to the left bank to avoid an action amidst the ravines and passes.
"The 19th June, Captain Walker and Lieutenant Irvine joined me, from a camp at
the foot of the Siskiyou Mountains. I inclose Captain Walker's report of his movements.
" My position is such as to leave the enemy in doubt as to my future moves ; and
they are likely to remain deceived. In the meanwhile, I have sent Messrs. Applegate and
Scott, with an address to the citizens in the several adjoining mining districts, calling
on them to turn out in force, in which case our dragoons will do their duty in the main
attack ; and the volunteer companies will cut the Indians off from their villages, or pursue
them to the mountains. I trust in this manner to afford relief from the Indian attacks
until a post can be permanently established, which I now recommend as necessar_y. The
post would in a short time be of little expense, as the Rogue river bottoms are very
fertile.
"In detailing those operations, I must mention that Messrs. Levi Scott, Jesse
Applegate and W. G. T'Vault, gentlemen of high standing as pioneers in Oregon, have
rendered me as much service, by their courage and coolness before the enemy, as by their
knowledge as guides in this new region.
" I have the honor again to report the satisfactory conduct of every man of my
detachment, and of the gallant and efficient manner in which I have been supported bj'
Captain Walker and Lieutenant Williamson. Brevet Captain Stewart's brilliant career
raises him beyond the commendation of the individual commander. It can only be uttered
bj- the united voice of the Army of Mexico.
" I am, sir, very respectfully, your obedient servant,
" P. Kearney,
" Bvt. Major, First Dragoons."
DR. N. G BLALOCK,
WALLA VJ/KLLA .W T.
REPORT OF CAPTAIN WALKER. 385
Captain Walker's report is as follows :
" Camp First Dragoon Detachment,
"Lieutenant C E. Irvine, " ^^^^^^ ^'''^' P^^^""' O- T, June 22, 1851.
"Adjutant First Dragoon Detachment,
^^ Sz'r: I have the honor to communicate for the information of Brevet Major First
Dragoons, Commanding, that, agreeably to his orders, I crossed Rogue river on the morning
of the 17th instant, with detachment Conipau}' E, First Dragoons, at a point about twenty
miles north of this place. Major Kearne}-, with detachment Company A, under the late
Brevet Captain Stewart, remaining on the right bank, the object being to sweep down both
banks of the river and to chastise or destroy any bands of hostile Indians that might be
encountered, and for me to act in concert with the command on the opposite shore as far as
circumstances would allow. At the same time, each party was thought to be of sufficient
strength to be successful against any force of hostile Indians that might be encountered,
and also that the two companies would form a junction with each other at some point
below, which in our ignorance of the country could not be designated.
" In obeying these instructions, I pursued the course of the stream some ten or twelve
miles, encountering and partly destroying several bands of hostile Indians. Before
proceeding further down, I considered it important to gain, if possible, information of
Major Kearney's position and route. For this purpose, I dispatched a non-commissioned
officer with four men to return on ni}^ trail and ascertain, if possible, where Major Kearney
then was, and to receive his orders. After several hours' absence, the party returned
without bringing any information relative to Major Kearney's command, although the
non-commissioned officer reported that he had gone almost to the point of our crossing in
the morning, and was prevented from going to that point by encountering a large band of
hostile Indians, which he supposed had been driven across by Major Kearney's command
passing down on the opposite shore.
" At the point I had then reached, the river formed a semicircle, my line of march
being on the outer circumference, while the company under IMajor Kearney, b}- taking the
chord of the arc, would arrive much sooner than I could at the point below, where a large
force of hostile Indians were said to be assembled.
" This line of march I supposed he had pursued; and in order to co-operate with the
other company in the main attack, which I was now aware would be more serious than I
had previousl}' supposed, I pushed forward along the bank of the Rogue river for fifteen
miles as rapidly as possible, endeavoring without success, at every point that looked
fordable, to recross the river.
" From an elevated point, I now obtained a good view of the country on the opposite
side of the river, and saw to my surprise several hundred Indians (mounted and
dismounted) on a plain at the base of what is known as Table Mountain. I then became
still more desirous of recrossing and forming a junction with the command on the
opposite side, wherever they might be, as I knew they were unprepared to encounter so
formidable a force as the Indians had here assembled. Crossing here, however, was
utterljr impossible, as bj' the junction of several large tributaries the stream was here
ver}- deep and of great rapidit}' of ciirrent, assuming more the character of a torrent
rushing between high banks of volcanic rock.
" M}' anxiety to join Major Kearney was not lessened b}^ remembering that ray
company was entirely unprovided with subsistence. To have countermarched twenty-five
or thirt}' miles to the point where I left Major Kearne}' in the morning would have
386 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
occupied all of next daj'; and on arriving there I might not find hira, and during which
time my compan}- would be without food. Under these circumstances, I determined to
endeavor to find the main road leading from Oregon to California, in hope' of falling in
with Lieutenant Irvine's subsistence train, or with some emigrant or mining party from
whom subsistence might be procured.
" I accordingly left the river, and, pursuing a southeastern direction for about five
miles, had the satisfaction of finding the road, and, after traveling about six miles further,
encamped for the night, having marched that day over forty miles.
" The next morning, at daylight, I pursued my course, and before going far had the
satisfaction of learning from a party of miners that Lieutenant Irvine was in advance of
me; and, pushing on rapidly, I overtook him about noon on the iSth. I should have set
out to rejoin Major Kearney's command immediately on getting supplies; but, from the
exhaustion of both men and horses after two da3's of rapid marching, and the men without
food, I considered it advisable not to set out on my return before the next morning. In
the afternoon, however, I received orders from Major Kearney to follow back my route
and join him here, with which I complied, joining him at this camp on the 19th instant.
" I am, very respectfully, etc.,
"J. G. Walker,
" Bvt. Capt., Comdg. Det. First Dragoons."
Major Kearne}-, in his hasty report, neglected to mention that I. B. Nichols, who had
just returned with a cargo from the Willamette, and several others, left Knotts with his
detachment ; while the men who signed the petition for his assistance hastil}' organized a
compau}' under Captain Humphre}', and joined him at the earliest possible moment.
General Jo Lane, who returned to Oregon from the Scott river mines early in the spring,
and had been elected delegate to Congress in place of Hon. Sam Thurston, deceased, upon
hearing of the proposed campaign, at once organized a company of volunteers and
proceeded to the scene of hostilities. The balance of the campaign is best described in
Major Kearney's final report : ,,^0 0 1 x
Camp Stewart, Saturday, June 29, 1051,
" Branch of Rogue River.
".SVr.- I have the honor to continue the report of mv late movements against the
Rogue river Indians. My desire had been, b}' assembling a large force of volunteers, to
simultaneously occupy the principal passes of the mountains, so that the Indians, retiring
before oi\r main party, might be intercepted in tlieir retreat to the inner villages, — our
difficulty being a want of knowledge of the country and their S3\steni of detecting our
movements by spies on the most elevated peaks.
" The position of my camp enabled me, while awaiting volunteers, to cover the road,
and to afford a safe resting spot to parties from the mines. I recaptured the onl}- packs
robbed within miles of me.
" Sunday, the 22d, at noon, Mr. Levi Scott returned from the Rogue river mines, and
in the evening Mr. Jesse Applegate, accompanied b}- Colonel Freanor (of New Orleans),
from Chaste (Shasta) plains. The desultory bonds of a mining community caused a
comparatively small number to volunteer. Those who did, however, rendered much
service, and were extremely active. They amounted, with Captain Humphrey's party (a
volunteer force organized at my camp), to near one hundred.
"As soon as it became dark, that same night, by a rapid march, I placed myself
again near and above the point where I expected to find the rendezvous of the Indian war
FINAL REPORT OF GENERAL PHIL KEARNEY. 387
party. The shortness of the night cansed it to be daylight before we could reach it ; and
our efforts to secure their horses were without avail. The 23d and 24th were spent in
breaking up the Indian ranches, and in destroying such war parties as we could meet.
"On the afternoon of the 23d, there was something of a brisk skirmish, in a dense
hammock, with a party, which had been first intercepted by Colonel Freanor's spies. This
gentlemen deserves to be particularly noticed, for the zealous manner with which he left
important interests at the Chaste mines to volunteer in this quarter.
"The night of the 24th, General Lane, who, on learning of the troubles, had raised
a party and had been acting in the vicinit}-, joined our camp. As General Lane was
present in a private capacity, it was not possible to yield (as I would have desired), as due
to his position and distinguished reputation, the command of my detachment; but I had
the honor, from that time, of acting in co-operation with him.
"Accompanj'ing General Lane with part of my dragoons (Captain Walker, Captain
Humphreys and Colonel Freanor scouring the countr}- at opposite points), we forded
Rogue river from the left bank, at a point about ten miles above the ferry ; and following
up a creek, over a country hitherto unexplored, we spent the next three days in making
a circuit around the stronghold near Table Rock. We returned to Camp Stewart (our
permanent camp) on the evening of the 27th instant.
" Whilst on this detour. General Lane's party succeeded in capturing the family of
the head chief.
" The occupations of the citizens are such, that in thus spiritedly turning out, they
have done everj'thing that could be expected. I declined assuming an}^ direct command
over them, although the}' have cheerfully acted on such points as I assigned to them.
Governor Lane, of course, would have been chosen to that command had they acted in
one bod}'.
" We have taken many prisoners from among the women and children, — above thirty.
They will prove useful in effecting a treaty, or holding the Indians in check. It was
impossible to spare the nicii^ as they combat with desperation to the last, meeting any
advances with treachery. In these late affairs, there have been a number of wounded, but
none seriously.
" The volunteers broke up on the 2Sth instant. This morning, the 29th, I will
resume my march to California. The lateness of the rain}- season, the temporary nature
of ray outfit for the detachment, this late delay of more than a fortnight's operations,
which counts from my leaving Knotts, on the South Umpqua, imperatively demand that
I lo.se no time (according to division orders) in organizing the Dragoons in California with
the Rifle transfers, those present with us and those who went by sea ; and I consequently
must content myself with these rapid operations, which, as the enemy has been dispersed
and many severe blows inflicted on him by the loss of life, capture of families and
destruction of property, have had all and more success than I could have hoped. Still a post
is instantly demanded to maintain quiet; nor have I any faitli in a treaty with these people.
" Whilst again recounting the efficiency of Brevet Captain Walker and Lieutenant
Williamson, it gives me pleasure to state that Lieutenant Irvine, who has commanded
detachment Company A, has proved himself as valuable a line officer as he has been
indefatigable as acting Quartermaster and Commissary.
" Assistant Surgeon Edgar has been imtiring in the discharge of his duties to the
sick and wounded. I am, sir, very respectfully, etc.,
" P. Kearney,
" Brevet Major First Dragoons, Comdg."
388 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
General Lane, in writing of the campaign, says : " The Indians have been completely
whipped in ever}- fight. Some fifty of them have been killed, and thirty taken prisoners.
Major Kearney has been in the saddle for more than ten days, scouring the country and
pouncing upon the Indians wherever they could be found. Never has an Indian country
been invaded with better success, nor at a better time." (As the name of the gallant
ofl&cer who was killed in this campaign has been differently spelled in the reports, it is
proper to say that his name was James Stuart, not Stewart. )
General Lane accompanied Alajor Kearney and his detachment, on his route to San
Francisco, as far as the Shasta mines, where he had some business matters to attend to.
As General Lane would return to Oregon in a few da3's. Major Kearney took advantage
of the opportunity to get rid of his troublesome prisoners, b}- turning them over to the
general, and taking his receipt therefor, of which the following is a cop}' :
" I have this day received of Major P. Kearney, U. S. Army, b}- Captain Walker,
thirty-one prisoners (women and children) taken from the Indians living on Rogue river,
Oregon, which I am to deliver to Governor Gaines of said territory, or to the superintendent
of Indian aflfairs. " Joseph Lane.
"Shasta Mines, Cal., July 3, 1851."
In a few davs after, General Lane returned to the Willamette valley, taking the
prisoners with him. These he delivered safely to Governor Gaines, whom he met at the
crossing of Rogue river, who was at that point for the purpose of making a treat}' with
the Indians. After the delivery of the prisoners, Governor Gaines made a treaty with the
Rogue river Indians, which, while indefinite in its terms, would have been sufficient to
control the recently punished tribes had he appointed the right man as Indian agent.
Judge Alonzo A. Skinner, to whom this position was assigned, was probabl}' the most
unqualified person for the place that could have been found in the whole territory. He
had arrived in the country from the East only the year before, was entirely ignorant of
the character of the Indians placed in his charge, and, although a man of strict honor and
integrity, was the most amiable of men, with no force of character whatever. The Rogue
river Indians, who were a nation of warriors and only respected a fighting man, soon
discovered the agent was a king log, and treated him accordingly. In justice to Judge
Skinner, it should be stated that he labored under the disadvantage of having no troops
under his control, while Dr. Anson Dart, then Indian superintendent of the territory,
seemed to ignore the existence of these warlike tribes. The result of this mismanagement
will be seen later.
■'!H'
\c*
HON.D.F. PERCIVAL,
CHENEY, W T.
I
4
Chapter XLIII.
(1851-)
Settleiueut and Organization of Unipqua Connty — Fii-st County Election — First
Postoflices and Postnjasters — Pioneer Merchants — United States Collector of
Customs — Shipping — Discovery and Settlement of Port Orford — Desperate
Fight with Savages — Indians Become Acquainted with Cannon — Disastrous
Ending of First Settlement — Second Attempt to Settle Port Orford — Disastrous
Explorations — Humane Indian Boy — Inhuman Massacre — Savage Butchery
and Cremation — The First Indian Mission — A Disgraceful Failure — Military
Expedition — Settlement of Kogue Kiver Valley — Discovery of Gold — Saw-mill»
and Grist-mills.
IN ADDITION to the campaign before related, the 3'ear of 1851 was an eventfnl one
for Southern Oregon in regard to its settlements. During this year, the Umpqua
valley, the fertile soil and equable climate of which was well known to the early pioneers,
became settled. From the Calapooia Mountains to the Umpqua cafion, from Yoncalla to
the seaport of Scottsburg, and, in fact, in every open valley, daring settlers had taken
claims under the Donation Act. Each one of these settlers was a hero, and his wife a
heroine. Compelled to live in the most primitive manner, without any of the luxuries
and without many of the necessities to which they had been accustomed, at the risk of
their lives from hostile savages, they determined to carve out a home for themselves and
their posterity.
The act of 1850, establishing the county of Umpqua, having omitted to provide the
time and places of holding elections, Governor John P. Gaines, in April, 1851, issued a
proclamation ordering the election to be held at the time of the regular election in June,
and fixing the polling places at the house of Jesse Applegate in Yoncalla, at Reason
Reed's, on Calapooia creek, at the house of John x'liken, Umpqua ferr)^, and at Scottsville
(•Scottsburg), the head of tide water on the Umpqua river. This election resulted in the
choice of Dr. Joseph W. Drew, Representative; J. W. Perit Huntington, Clerk ; Henry
Jacquith, Sheriff; A. German, Treasurer; A. Pierce, Assessor; Ben J. Grubbe, J. N.
Hall and William Golden, County Commissioners. The total vote was seventy-eight; but
it is safe to say that not more than half the vote was polled, owing to the distance from
the polls and the pressing necessity of the settlers and merchants to remain at home.
Soon after, the county offices were organized and the business in full operation. Elkton
was designated as the countv seat. This point was on the main Umpqua river, opposite
the site of Fort Umpqua, but never grew into a town, and was afterwards abandoned.
Pack trails were cut out from Scottsburg to Yoncalla, and from Scottsburg to Winchester,
and two ferries established across the bend of the Umpqua river, the lower one by Henry
H. Woodward and the upper one b}' Abijah Ives. Postoffices were established at
Scottsburg, with S. F. Chadwick, postmaster; Gardiner, George L. Snelling, postmaster;
Elkton, Daniel B. Wells, postmaster; and Umpqua City, Amos E. Rogers, postmaster.
( 389 )
390 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
These were the first postoffices south of the Calapooia Mountains. The chief source
of this prosperity was the opening of the Umpqua river to commerce, and the establishment
of mercantile houses at Scottsburg to supply the mines of Northern California, by means
of which the settlers could procure their supplies without the heav}' expense of
transportation from the Willamette valley by pack trains.
Scottsburg at this time, like ancient Gaul, was divided into three parts. The claim
of Levi Scott, the original one, was known as Upper Scottsburg, that of Dr. E. R. Fiske,
next below, was IMiddle Scottsburg, and the lower, that of William Sloan, as Lower
Scottsburg. In December, 1850, Captain Morgan, of the bark Minei-va^ and J. Woodbur}^
of Hartford, Connecticut, established the first store at Middle Scottsburg. In January,
1851, Turner & Chism put up a store in Upper Scottsburg; and the next in order was
the establishment of Duncan McTavish with an extensive stock of goods. Then followed
in rapid succession the firms of Merritt, Oppenheimer & Co.; Bradbury & Co.; Wadsworth,
Peter & Ladd ; R. E. Stratton ; Dunlap & Co.; Dr. L. S. Thompson ; Brown, Dunn & Co.;
Geo. L. Snelling. These were all in Upper Scottsburg. In Lower Scottsburg, the firms
were A. German & Co.; Chadv/ick, Hinsdale & Co.; Allen, McKinlay & Co.; Burns &
Wood; and Mr. Hogan. Several of these firms had large pack trains, by which they
shipped their goods to the mines, where they received fabulous prices. In Ma}^, Collins
Willson was appointed collector of the port, and arrived at his post of dut}-, on the Sea
Gull, in August. The entries at this port during 185 1 were the McLellan^ Andrew Roy,
Capacity, Harriet, Minerva, Kate Heath, Commodore Preble, McLellan, Ortolan, Emily
Farnham, Sea Gull, Almira, Faivn, Chesapeake and Orchilla. Nearly all of these vessels
brought cargoes of merchandise, and for return cargo carried piles, wood, charcoal and
fish.
Fortune seemed to favor the adventurous settlers of the Umpqua, as but one casualt}'
is reported during the year, which was the drowning of Briggs A. Turner and Captain
Isaac Toner of the brig McLellan on the 7th of July, in the Umpqua river, b}' the
upsetting of a boat.
The success of the venture at the mouth of the Umpqua stimulated others to find a
new port within easier reach of the mines. Captain William Tichnor, a shipmaster from
New Jerse}^, who arrived at San Francisco in the fall of 1849 by the overland route,
having purchased the schooner Jacob Ryerson, left San Francisco on an exploring voyage
along the northern coast, and on March 26, 1850, discovered a harbor or roadstead in
latitude forty-two degrees, fort}- -three minutes, some twent}' miles north of the mouth of
Rogue river, which he named Port Orford. Subsequently, he was appointed captain of
the Sea Gnll, a steamer plj-ing between San Francisco and Portland, Oregon. The
distance from Port Orford to the mines in Northern California is, in a direct line, less
than one-third of that by the way of the mouth of the Umpqua ; and as the topography
of the countr}' was unknown, never having been explored bj- white men, it was reasonable
to suppose that as good a trail or road would be found up the valley of Rogue river as
had been found in the Umpqua.
Acting under this belief. Captain Tichnor determined to make a settlement at Port
Orford. While at Portland the last of Ma}^, 1851, he engaged nine men for that purpose.
Having secured a good supply' of provisions, arms and ammunition, he took them aboard
the Sea Gull on her trip to San Francisco ; and on the 9th of June, 1851, they were
safel}' landed at Port Orford, together with the ship's gun and copper magazine. The
names of these adventurers were J. M. Kirkpatrick, Captain J. H. Egan, Joseph Hussey,
DISCOVERY AND SETTLEMENT OF PORT ORFORD. 391
Cyrus Hedden, R. E. Summers, P. D. Palmer, McCuue, Rideout and Stater. After the
lauding, the ship proceeded on her voyage, the captain promising the men that on his
return trip, which would he in twelve days, he would bring them a reinforcement from
San Francisco. I'pon arri\ing at that port, it was found necessary to repair and paint
the ship, which delayed her return. Wliile his vessel was being repaired, Captain
Tichnor made a trip to Portland on the Pacific Mail Company's steamer Columbia, Captain
Leroy commanding, in the capacity of pilot. As tliey entered the harbor of Port Orford,
a number of canoes filled with Indians were seen paddling with all haste to the southward.
The ship fired her gun to warn the men left there of her approach. As soon as the gun
was fired, all the Indians plunged overboard and swam to the shore. After the vessel
was anchored, a boat was manned and pulled ashore. At the landing lay a dead Indian.
An immediate search proved that the carriage of the gun had been broken up, and that
the magazine, as well as the tents, were gone. Hard bread and pork were scattered
around, and devastation everywhere. Fragments of a diary were found scattered around,
in which all the events that had happened up to the previous evening were recorded. A
further diligent search having failed to find any trace of the men, the ship proceeded on
her voyage to Portland, all on board being fully satisfied that the men left had been
massacred.
Tlie adventures of the first settlers of Port Orford are best told in a letter written by
their Captain, J. AI. Kirkpatrick. He says : " We were landed at Port Orford ou the
morning of the 9th of June, 1851. We found the Indians, who made their appearance
when we first landed, to be somewhat friendly disposed, manifesting a disposition to trade
with us; but this did not last longer thaii the steamer lay in the bay. As soon as she left,
the}^ grew saucy and ordered us off. Finding that we would not go, they all left. In the
meantime, we had taken possession of a small island or rock, detached from the mainland
by a passage about one hundred 3-ards in width, upon which we made our encampment.
We had a four-pounder cannon, which we had brought from the steamer. This we planted
in front of our encampment, so as to rake the passage to the bottom or offset in the island.
The Indians did not make their appearance till early the next morning, when the}- began
to gather on the beach in considerable numbers. I noticed that they were better armed
than when we first landed. There were about forty of them on the ground.
" At sunrise, the}' built up several fires and went through with a regular war-dance.
They were joined by others who came over the hills, and shortly after by twelve others
with a chief, who came in a large canoe. By this time, there were about sixty of them.
As soon as the chief landed, they began to come up the island. We met them and made
signs that we would shoot them if they did not go back. This had no effect on them, and
they still came on. We then retired to the top of the island, where we had our gun
stationed. They had by this time gained the top of the first step, about forty of them in
number. They then made a rush to pitch into the camp among us, the chief leading the
way. As he approached the top of the hill, he seized hold of a musket in the hands of
one of the men and would have wrenched it out of his hands had not another man struck
him over the hands and knocked his hold loose. In an instant, they threw a volley of
arrows at us, the most of them passing over our heads. The great crowd of them were
within six feet of the mouth of the cannon. I jerked up a firebrand, and discharged the
cannon among them, killing some six or eight dead. This threw them into confusion,
which we followed up with a discharge from our rifles and pistols. Three of them only
got into the camp, and were knocked down with the butts of our guns. The fight lasted
392 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
about fifteen minutes, when the Indians broke and ran, leaving thirteen dead on the
ground. They fled to the hills and rocks, and continued to shoot their arrows at us for
some time. There were a great many of them wounded, and I learned afterwards from an
Indian at the mouth of the Umpqua, who could speak jargon, that there were twenty
killed and fifteen wounded. There were four of our men wounded.
"The Indians got several rifles, and shot at us in the afternoon, but with no eSect.
During the afternoon, a chief came up the beach, and made signs that he wanted to come
into camp. He threw his arms down on the sand, and we let him come up. He made
signs that he wanted to take away the dead. This we let him do; and, while he was in the
camp, I made signs to hiui that, in fourteen days from the time we arrived there, we would
go away. After they had taken away their dead, they fired a few shots at us and left.
We were not troubled by them any more till the morning of the fifteenth day, when they
attacked us again. There were a great many more at the second fight than at the first.
There were at least fifteen of them to one of us. Their chief came out and urged them
in tones that could be heard a mile distant, but could not prevail on them to make the
second rush on us. They shot their arrows at us at the distance of three hundred yards,
a great many of them falling in the camp; but none of us received the slightest injur3%
We were at this time in a critical situation. Our ammunition was just about gone. We
had not more than eight or nine rounds of shot left, and were surroiinded by at least one
hundred and fifty Indians. The only alternative left was to take to the woods, and make
our way to the habitation of white men. Here fortune appeared to favor us. The Indians
drew off", and went down the coast to the mouth of a small creek, where they built a
number of fires. There were still a number that stayed to watch us. We then went to
work to strengthen our breastwork. This movement had the desired effect ; for, in a few
minutes, they all left to join the others. This gave us an opportuuit}" to make our
escape to the woods, which we effected, leaving everything we had in the camp, except
our small arms."
The account of the journey to the Umpqua, told in the same way, is very interesting,
although full of painful incidents. The party was obliged to avoid the beach, where they
could have obtained food, on account of hostile Indians, and for four days were obliged to
subsist on salmon berries, which are a ver}^ light diet. On the evening of the fourth day,
the}' struck the beach, where they got some mussels, upon which they lived until they
reached the mouth of Coos river. Here they found some friendly Indians, who furnished
them food, but compelled them to give the shirts from their backs as the price of crossing
them to the other side. After almost incredible hardships, they arrived at the mouth of
the Umpqua on the eighth day after leaving Battle Rock, as it has since been appropriately
named, and were kindl}' greeted b}' the settlers in Umpqua City and Gardiner.
Captain Tichuor, upon his return to San Francisco on July ist, found the Sea Gull
ready to take in cargo, and, not disheartened by the disastrous result of his first venture,
adhered to his purpose of making a settlement at Port Orford. He accordingly called for
volunteers, which were easily obtained, as there were in the city at that time a large
number of adventurous, as well as idle and destitute, persons willing to go anywhere, if it
promised success or the means of support. The vessel sailed with sixty-seven men, under
the command of James S. Gamble. They were provided with a brass six-pounder gun,
two iron swivels and small arms of the most approved pattern obtainable at that time,
with ammunition, provisions, clothing and everything necessary for a four-months' siege.
All were safely landed on the 14th of July. The volunteers were active and intelligent
f'-i^
EUGENE. F. SKINNER.
EUSENE CITY OR
WM T, 05B0RN
EUGENE CY.OR
i
DISASTROUS EXPLORATIONS. 393
young men for the most part, who made good citizens ; and man^' of them made their
mark upon the history of Southern Oregon, among whom must be named L. L. Williams,
whose record will more fully appear. But, unfortunately, some of them were the worst
desperadoes that could have been found in the Golden City. Mr. Nolan joined the
expedition at Humboldt Bay.
Immediatel}' on their arrival, a point was selected on the mainland, which was
picketed, and two blockhouses erected inside of heavy logs, which was named Fort Point.
Upon the return trip of the Sea Giill^ Captain Ticlinor brought some swine and six
horses. W. G. T' Vault, who had been a guide for Major Kearney in the spring, came as
a passenger, and was expected to discover the most direct route to the mines in the
interior. Upon the departure of the vessel, it was found necessary to send fourteen of the
most desperate and insubordinate back to San Francisco. The prospects at this time were
very favorable. The fortifications had been completed, and the Indians began to come in,
showing a disposition to trade and be friendly.
On the 24th of August, two parties were sent to find a trail to the overland route, one
under the command of Mr. Nolan, the other under T' Vault. The first-named party
returned safely after being out seven days, but were entirely unsuccessful in accomplishing
their object. The party under T' Vault also failed in their purpose, but were much more
unfortunate. The T' Vault company consisted of eighteen men, with six pack horses to
carry provisions, blankets, etc., and was accompanied by an Indian chief, who went to
guide them to the Rogue river. After being out eight or nine days, nine of the party
returned to Port Orford, bringing a flattering report of their progress. The party were
proceeding easterl}^ until they reached the Rogue river, where the Indian guide left them.
The}' followed this course but a short distance, when they left the river, and in about ten
miles found an Indian trail leading in a northerly direction, which they pursued for several
days, under the belief that it would lead them to the Umpqua river. Upon reaching the
stream, it proved to be the south branch of the Coc[uille ; but, at the time, they mistook it
for the Coos river, which mistake was soon discovered by Cyrus Hedden, who had been one
of the nine who escaped from Battle Rock in June. Upon reaching the river, they
abandoned their pack horses and all their baggage, as they were almost on the point of
starvation, and had been subsisting upon berries alone for several days. Following down
the stream, they arrived at the main Coquille river, where, meeting a number of Indians,
they induced them, by presents of buttons and such things as could be spared, to take
them in their canoes to the mouth of the river. Upon reaching a point about two miles
from the mouth, they discovered a number of Indians in canoes near the north bank of
the river, and about two hundred more on the shore. The men were weak and hungry,
having had nothing to eat for several days; so they determined to obtain some provisions
at all hazards. With this view, they approached the shore ; but as they did so, their
canoes were seized and brought near the bank. While no hostile demonstrations were j'ct
made, their request for food was refused; and, when they attempted to push off and resume
their journey, their canoes were held by the Indians. Suddenly about fifty Indians
sprang into the water, seized the arms of the men before they could fire, sank their canoes,
and commenced a murderous attack with clubs and knives. T' Vault's accouut is as
follows :
" I was sick and hardl}^ able to sit up in the canoe, but, as I rushed to the shore,
was stabbed and knocked down by two blows, one on the breast and the other on the
back, and suppose I was thrown into the river for dead or to be drowned. The first
394 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
thing I remember was that I was about thirty feet from the shore in swimming water,
and was helped into a small canoe by an Indian lad about fifteen years old. The boy
then ran to the other end of the canoe and assisted Mr. Brush to get into the same.
Brush had been knocked down b\- a blow on the head with the sharp edge of a paddle,
which took away a large portion of his scalp. As soon as we were safely in the canoe,
the boy gave us the paddles and jumped overboard. Brush and myself paddled the
canoe to the opposite bank; but, when we arrived there, neither of us was able to stand;
so we rolled out, pulled off our clothes and crawled up the bank into the brush. During
this time, there were heard the most dismal screams and the sound of blows ; but no
Indians followed us. We continued our course south, keeping in the chaparral during
the day and traveling the beach at night. After two days, we arrived at Port Orford
on the 1 6th of September, in such a feeble condition that it required two Indians (we
found some friendly ones) to assist us to walk."
Upon T'Vault's arrival at Port Orford, he believed the rest of the party killed, which
was not true. Williams and Hedden reached the shore, fighting their way. The former
being clinched b}' a large savage, a desperate struggle ensued, in which the Indian was
thrown ; and Williams made short work of the brute with his knife ; but, while down,
another Indian drove an arrow into him, entering the loin and ranging towards the
opposite groin. Hedden pulled out the shaft, leaving a three-inch piece, to which the
stone arrow-head was attached. Hedden escaped without serious injur}-, but terribly
bruised by the blows of clubs and paddles. The two escaped to the brush, holding the
Indians at bay with their rifles, which they managed to retain, and killing two Indians
in their retreat. It was not long, however, before the fatal arrow-head began its terrible
work, causing intense suffering to Williams ; and, on the following da}-, it was almost
impossible for him to move. So great was his agou}^, that he begged to be permitted to
lay down and die. His faithful companion gathered berries for him to eat, carried water
in his dilapitated cap for long distances, encouraged him with the hope of escape, and
assisted him in walking. On the ninth day after the massacre, the}- reached the mouth
of the Umpqua river, where they fortunately found the brig Fazi'?i, Captain Wood, who
sent a boat and conveyed them to Gardiner, seven miles up the river. Williams finally
recovered, the arrow-head having been extracted in 1S56. After having filled several
positions of honor and trust in Douglas county, he died in IMarch, iSSi. Cyrus Hedden
still lives, an aged and much-respected citizen of Douglas countv-
The four persons mentioned were all who escaped the massacre. The other five,
having been killed, were hacked to pieces in such a manner that their bodies could
not be identified ; and a party of Indians who were hired to purchase the bodies were
compelled to cremate them.
Thus ended the first attempt to establish a road to the mines. Soon after T'\'ault's
return, a party of twelve inexperienced mountaiueers, with one pack animal, attempted to
find a trail by the way of the Coquille river. They failed to find the pass from the
Coquille to the South Umpqua, and, after suffering many hardships, returned without the
loss of a man.
Notwithstanding the failure to find au}- communication with the interior. Captain
Tichnor and the Port Orford company were, in some manner, able to convince the Indian
and War Departments that this was the only point from which negotiations with the
Rogue river Indians could be carried on. Accordingl}', the Sea Gitll^ on her departure
from Portland on August 29th, took Anson Dart, Superintendent of Indian Affairs, Dr.
MIIJTARV EXPEDITION TO CHASTISE INDIAN MURDERERS. 395
Spaulding, of Walla Walla, and J. L. Parrish, a missionary of the Methodist church, the
two latter as interpreters, neither of whom knew a word of the language of the coast
Indians, as the latter were entirely unacquainted with the jargon of the northern tribes.
They were accompanied by two Indians, who had been captured while boys, and were
supposed to be from Port Orford or its vicinity. At Astoria, the Sea Gull took on board,
by order of General Hitchcock, then in command of the department. Lieutenant Why man,
of the artillery, thirty men, two mules and one mountain howitzer, with the necessary
supplies, all of which were safely landed at Port Orford.
The best that can be said of the mission of Dart and his interpreters was that it was
a miserable failure. None of the party had the courage to meet the Coquille Indians; but
they sent two Indian women to beg them to come to Port Orford, which offer the hostile
savages respectfully declined. Dart also sent an Indian to request the Rogue river tribes
to come to him and make a treaty. Had he known anything about the Indians of
Southern Oregon, and the topography of the country, or if he had tried to inform himself,
he could have known that the Rogue river Indians were hostile to the coast tribes, and
would not undertake a journey through their countrj^, even if disposed to make a treaty,
which they were not. Dart and his party i-eturned to Astoria by the steamer Sea Gull in
the latter part of September, leaving Samuel Culver as Indian agent.
Upon the reception of the news at vSan Francisco of the murder of the T'Vault part}',
General Hitchcock, then in command of the department of the Pacific, ordered
Lieutenant-Colonel Silas Casey, with ninety men, to proceed at once to Port Orford and
chastise the murderers. The command consisted of two companies of dragoons,
dismounted, under First Lieutenant Stanley, and thirty-six mounted men, with sufficient
pack mules, under the command of Lieutenants Stoneman and Wright. The command
were all safely landed at Port Orford early in November, and immediately proceeded to
execute their orders. Upon their arrival at the south side of the Coquille river, the
Indians, who were in full force at their village on the opposite bank, by gesture challenged
the soldiers to fight, and fired several volleys from the guns they had captured. A few
well-directed shells from the howitzer enabled a part of the command to cross on a raft,
when the Indians fled through the brush up the river. Their village and their winter
store of provisions were destroyed. The troops pursued them under great difficulties, on
account of the rainy weather and the inaccessible nature of the country ; but, having
procured boats from Port Orford for a part of the force, they finally brought them to bay
near the forks of the Coquille. The engagement was short, the Indians soon fleeing to
the woods and mountains, leaving fifteen killed and many more wounded. Having
burned their lodges and provisions, the troops returned to Port Orford, from which place
they took passage on the Columbia and arrived at San Francisco December 12, 1851.
The year 1851 was also made memorable by the settlement of the Rogue river
country, by which is meant that portion of the country drained by this stream and lying
between the Coast and Cascade Ranges of mountains. At the time of the raid by Major
Kearney, as before related, there were no settlements between the South Umpqua river
and Yreka, on the south side of the Siskiyou Mountains, with the exception of the three
ferries across Rogue river. During the year 1850, the mines on Scott river and in Yreka
flat were discovered, and induced a large immigration of miners. Early in the spring of
1 85 1, a small party of miners, among whom was Dan F. Fisher, at present an old and
respected resident of Jackson county, crossed the Siskiyous to the head of Illinois river,
and following down that stream discovered, in May, the diggings on what was afterwards
396 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
called Josephine creek. Fislier returned to Yreka in the latter part of Ma}' for provisions.
On his return, about the first of June, he was accompanied b}- a large number of miners,
among whom were Hardy EllifiF, John E. Ross, N. C. Dean and many others who
afterwards became permanent and leading farmers in different parts of Southern Oregon.
The party crossed the mountains by the old Oregon trail, followed the foothills on the
south side of Rogue river till they came near the present site of Jacksonville, thence
south through where Sterling now stands, thence followed the south fork of the Applegate
some distance, when they crossed the mountains to the new diggings. The countr}' over
which they traveled has since proved very rich in gold ; but, in their haste to reach their
destination, they failed to discover it. Josephine creek proved to be ver}- rich ; and, in
July, Cafion creek, a branch of the same stream, was prospected atid also found to contain
rich gold placers. By this time there were several hundred miners and prospectors in
that vicinity.
Shortl}- after the so-called treaty of peace made b}' Governor Gaines was executed, A.
A. Skinner, who had been appointed Indian agent, and Chesle}' Graj', his interpreter,
took Donation claims in the valle}' of Bear creek, not far distant from Table Rock, the
headquarters of the Indian chiefs. N. C. Dean quit mining on Josephine creek, and took
his claim at Willow Springs. Other adventurous men, emboldened by the punishment
given the Indians b}' Major Kearne}', and b}- the Gaines treaty, located in the upper end
of the valley. The Mountain House, at the foot of the Siskij'ou Mountains, was held by
]\Iajor Barrow, John Gibbs and Jas. H. Russell. A few miles below, Patrick Dunn,
Thomas Smith and Fred Alberding made their locations under the Donation Act, as did
also Samuel Culver, the former Indian agent, at Port Orford ; and near by L. J. C.
Duncan, Stone, Pojaitz and Lewis also made their homes. In all, there were about fifty
persons residing in Jackson county on January i, 1852.
In addition to the actual settlers, there was an increasing trade being carried on
between the Willamette valley and Scottsburg, with the miners in Northern California
and Josephine connt}^, the most of which was by means of pack trains, the roads or trails
being almost impassable for wagons other than the ox-teams that had made their way
across the plains.
The immigration of this 3fear added largely to the population of the Umpqua valle\-,
and was composed of intelligent, manly, self supporting men, whose names will be found
in another volume, and who made their mark on the records of the state. In November
of this year, Thomas Smith and Calvin C. Reed erected a saw-mill near Winchester, on
the North Umpqua river, which was a great boon to the settlers, and which was followed
the next season by a grist-mill.
'^
-"■':--^:^;\
GEO . W. GOODWIN,
NORTH YAKIMA, W.T.
Chapter XLIV.
(1852.)
Douglas and Jackson Counties Created — First Election — First Court in the
Southern District — Early 3Ierchants — Pioneer Lawyers and Doctors — Pony
Expresses and Territorial Koads — U. S. Mail Koute — Gold Discovered at
Kogue Kiver — Gaines' Futile Treaty — Marauding Indians — Volunteers Called
Out — War With the Savages — Settlers Favor a Treaty — Captain Lanierick
Banqueted — Heroism of the Pioneers — The Government's Neglect of Settlers
aiul Volunteers — Pi'otecting and Relieving Immigrants — Indian Amhuscades
aiul Savage Murders — White Women and Children Butchered — The Settlers
to the Ilescue — Captain Ben Wright Wreaks Revenge — Disaster at Port
Orford — Prosperity on the Umpqua — A Hard Winter.
'T^^HE territorial legislature, at the session of 1851-52, on the 7th of January, 1852,
J. passed an act organizing the county of Douglas, defining its boundaries as follows :
Beginning at the mouth of Calapooia creek, thence following the main fork of said creek
to its source, thence due east to the summit of the Cascade Range of mountains, thence
due south to the summit of the dividing ridge separating the waters of Rogue river from
the waters of the Umpqua, thence westerly along the summit of said ridge to the summit
of the Coast Range of mountains separating the waters of Coquille and Coos rivers from
the Umpqua, thence northerly along the summit of said Coast Range to a point where
the south line of Umpqua county crosses said range, thence due east along the south line
of Umpqua count}' to the place of beginning. The election precincts were established at
Reason Reed's, the town of Winchester, the house of Joseph Knott, near the canon, and
at the house of Joseph Roberts, in the South Umpqua valley. By act of January 17,
1852, the count}' seat of Douglas county was fixed at the town of Winchester.
On the 9th of January, an act was passed creating the count}- of Jackson. The
boundaries were described as beginning at the southwest corner of l^mpqua county, thence
due east to the northwest corner of Douglas county, thence southerly along the western
boundary of Douglas county to the southeast corner thereof, thence in a southeasterly
direction to the eastern extremity of Rogue river vallej', thence due south to the boundary
line between Oregon and California, thence west to the Pacific, thence northerly along the
coast to the place of beginning. Election precincts were established at Port Orford,
R. P. Daniels' store on Cafion creek, Long's ferry on Rogue river near the mouth of
Applegate creek, and at Willow Springs in Rogue river valley.
The creation of this county and the establishment of voting precincts exhibited a
degree of ignorance of its topography, which evidently proves that no member of the
legislature had ever been in that section of the country. The district between Port Orford,
on the coast, and Canon creek, where placers had been recently discovered, was an
unknown region ; and the miners on Josephine and Canon creeks had no more knowledge
( 397 )
398 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
of the existence of a settlement at Port Orford than the settlers of the latter had of the
discovery of mines in the interior. The legislators, however, bnilded better than thej^
knew. The discovery of the mines on Jackson creek and Rogue river in the same year
rendered the creation of a body politic a great boon, as it relieved the miners and settlers
from the necessit}- of executing their own laws.
The legislature at the same session granted one senator to the counties of Umpqua,
Douglas and Jackson, and one representative each to the counties of Douglas and
Jackson. It also passed an act iiniting Umpqua, Douglas and Jackson counties in one
judicial district, the court to be held in Umpqua county on the fourth Mondays of March
and September.
The first election in Douglas county resulted in the selection of E. J. Curtis for the
legislature ; Solomon Fitzhugh, Probate Judge ; Thomas Smith, Wm. T. Perry and John
Danford, County Commissioners; Fleming R. Hill, Sheriff; A. R. Flint, Clerk; C. W.
Smith. Assessor; and Caleb Grover, Coroner. The total vote was 163. At the election
in Jackson county, John R. Hardin was elected Representative ; L. A. Rice, Probate
Judge ; James Cluggage, Thomas Smith and Davis Evans, County Commissioners ;
Columbus Sims, County Clerk ; W. W. Fowler, Treasurer ; and John Walker, Coroner.
Umpqua county elected Addison C. Gibbs to the legislature ; while Levi Scott, of Umpqua
county, was elected Councilman for the district.
Although county officers were elected in all the counties, in none of them was the
machinery set in motion until the following year. The first court for the southern district
was held at the house of Jesse Applegate, at Yoncalla, in Umpqua county, in accordance
with the statute, on Monday, March 22, 1S52. Hon. O. C. Pratt, Judge; J. W. Perit
Huntington, Deputy Marshal; Jesse Applegate, Clerk pro ton. (S. F. Chadwick, the
Clerk, being absent); and R. P. Boise, Esq., District Attorney pro tcm. Twenty-one
grand jurors were empaneled, with Lindsey Applegate as foreman. On the 24tli, the
grand jury reported that they had no business before them; and, as there was no civil
business, the court adjourned.
The material prosperity of the Umpqua valley was very much increased during this
year. Nearly every valley in the two counties was occupied b}- one or more settlers,
many of whom were accompanied by their families, who had been able to reap a crop the
previous harvest. At Winchester, the firm of Martin & Barnes had established a general
merchandise store. Fendel Sutherlin advertised flour at fifteen dollars per hundred, and
dr}' goods, etc., at his store on Deer creek, on the Donation claim of William T. Perry.
Smith and Reed had erected a flouring mill on the North Umpqua, just above Winchester.
Aaron Rose kept a hotel at Roseburg, in a frame building made of split boards ; and
there were many similar stopping places on the road to the mines, especially at the north
and south end of the Umpqua canon, Jump-ofF-Joe creek. Grave creek and the three ferries
on the Rogue river.
The trade to the gold mines, and the .saving in freight thereto from the Umpqua
river, led to the establishment of many commercial houses at Scottsburg, the head of
navigation. In i<S52, the houses that dealt in general merchandise in Upper Scottsburg
were : Duncan McTavish ; George L. Snelling ; Merritt, Oppenheimer & Co. ; Wadsworth,
Peter iS: Uadd ; R. E. Stratton ; Dunlap & Co.; Brown, Dunn & Co , who also owned a
pack train conveying supplies to the mines ; and Bradbury & Co. Dr. L. S. Thompson
opened the pioneer drug store, and also owned a pack train. Hirstel & Co. dealt in
tobacco and cigars. Levi, Kent & Co. established a tanner}-, and David Thompson a
PONY EXPRESSES AND TERRITORIAL ROADS. 399
harness shop. William Craize kept the hotel. In Lower Scottsburg, engaged in general
merchandise, were A. German & Geo. Haynes ; Chadwick, Hinsdale & Co.; Allen,
McKinlay & Co., who brought th^ steamer Washington from the Columbia river as a
transfer boat to ruu from the mouth of the river to Scottsburg ; Burns & Wood ; and Mr.
Hogan. J. D. May kept the hotel. The legal profession was well represented b}- Stephen
F. Chadwick, Addison C Gibbs and l\Ir. Hartley. Hartle}- remained but a short time;
and the two first-mentioned have filled the position of governor of the State of Oregon
with credit to the state and themselves. The medical profession was represented by Drs.
R. R. Fiske, J. W. Drew, E. P. Drew, L. S. Thompson and Theo. Dagan, all of whom
served as surgeons in the Indian war of 1855-56, and also bj- Dr. Payne and Dr. Daniel
Wells.
In addition to the trade from Scottsburg, pack trains were regularly making trips
from the Willamette to the mines, with occasionally a wagon with an ox-team. In
February, T'Vault & Co. advertised an express to run between Winchester and
Shasta-Butte City (Yreka), touching at Rogue river. Smith river, Josephine creek,
Klamath and Humbug creek, every two weeks. Soon after Crouch & McLaine started
a similar express from Portland to Shasta and Humbug cities. The legislature had
not been unmindful of the necessity- of keeping up the communication between the
Willamette valley and the southern portion of the territory, and on February 4, 1S52,
passed an act for a territorial road from Marysville (Corvallis) to Winchester; and
Samuel Stars, George F. Hubert and Addison R. Flint were named as commissioners
to locate such road. On January 19, 1852, an act was passed for a similar road from
Winchester to the south line of the territory at or near Shasta-Butte City (Yreka).
The commissioners named were Joseph W. Drew, Samuel Culver and R. P. Daniels. On
the 1 2th of July, N. Coe, Special Agent, advertised for bids for carrj'ing the United
States mail from Canonville, Douglas county, to Yreka, California, one trip in two weeks,
but noted that proposals for a weekly service would be considered.
The principal cause of this commercial activity was the discovery of gold in the
Rogue river valle3^ In 185 1, the miners, coming from the mines at Yreka on their way
to Josephine creek, had discovered gold in several portions of the valley, but not in
sufficient quantities to detain them from the richer placers of Illinois river ; but in
January, 1852, James Cluggage and James Poole discovered, in Rich gulch, where the
town of Jacksonville now stands,, placers of extraordinary richness. This discovery at
once caused a rush of miners to the valley ; and as earl}- as February there were about
five hundred men prospecting Rich gulch and Jackson creek. This number was
constantly increased during the 3'ear ; and further discoveries were made on Rogue
river and in different sections of the surrounding country. The climate and soil of the
Rogue river \alley, as well as the beauty of the surrounding mountain scenery, offered
attractions to the agriculturist that were almost irresistible ; and many immigrants, who
started for the Willamette valley by the southern route, left it with regret on account
of the hostile character of the Indians. In the fall of 185 1, N. C. Dean took up his claim
at the Willow Springs, a favorite camping-place on the Oregon and California trail.
Later, Moses Hopwood settled near A. A. Skinner's place on Bear creek ; Captain
Thomas Smith, Patrick Dunn and Fred Alberding settled near the present site of
Ashland ; while Barrow, Russel and Gibbs took up the ^Mountain House claim at the
foot of the Siskiyou Mountains ; and several other settlers selected homes in the
neighborhood of the first settlers.
400 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Emboldened by the presence of the large number of miners in the country, a large
number of immigrants, several of them having their families, selected Donation claims in
different parts of the valley during the 3'ear 1852. As an evidence of the prosperity of
the country, Samuel Culver and T. Thompson, on Januar}' 2, 1852, advertised for
pasturage for stock for miners and travelers; and on the 15th of June, Dagan & Co.
advertised an express, to connect with Adams & Co's Express at Portland, with agencies
at all the principal towns and camps in the Umpqua, Rogue river and Shasta mines.
The Indians, suffering from the punishment inflicted bj' IMajor Kearne}' in 1851,
were for a time deterred from any act of open hostility ; but, after having learned that the
treaty made with Governor Gaines was of no binding force and no profit to them, they
availed themselves of every opportunity to waylay, rob and murder traveling parties,
whenever the}- could dispose of their bodies in such a manner as to avoid discover}'.
Many a small party going to the mines from the Willamette valle}^ or returning thereto,
were never heard from, whose loss may undoubtedl}' be attributed to the savages.
Later in the fall of 1851, a party consisting of Bowen, INIoffit and Jones, with an
employe named Boney Evans, who were taking a drove of hogs from the Willamette to
Yreka, were attacked b}' the Indians about daybreak in their camp on Wagner creek,
about one-half mile from the present townsite of Talent. Moffit and Evans were wounded ;
but Bowen escaped and reached a part}' encamped at the spring near where the Eagle mill
now stands. This party consisted of Joseph Goodwin, Mr. Farmer, each with a wagon
and team, Henry Klippel, the Fox brothers and Quiner. When Bowen arrived, they had
not yet broke camp ; but they immediately rushed to the relief of the party, taking one
wagon for the wounded. On their way, they met the balance of the party. IMoffit and
Evans were placed in the wagon, the hogs were gathered, and the whole party proceeded
south on their way to Yreka. The next day Moffit died, and was buried on the Siskij'ou
Mountain. The murderers were never captured.
In the spring of 1852, the Indians murdered a white man in Shasta valley ; and about
the first of June they became very saucy and menaced the settlers in Rogue river valley ;
and suddenly all disappeared from the settlements, a fact which indicated that a crisis was
at hand.
General Jo Lane, who was then the delegate in Congress from Oregon, insisted upon
the establishment of a military post in Rogue river valley, iu which demand he was
fortified by the report of Major Kearney, heretofore cited, as well as his own experience.
At that time, the -expense of sending troops overland from San Francisco was excessive;
and the temptation to desertion through the mining region was so great that the
commanding officer of the department made pretense of obeying his orders by sending
troops to Port Orford, where they were quite as efficient for the purpose of controlling the
savage warriors of Rogue river valley as if they had remained at the headquarters at
Benicia. The result of this mismanagement is shown by the events that followed. In
the early part of July, Geo. H. Ambrose, who had taken a Donation claim where Gold
Hill station now is, and who was afterwards Indian agent, was so annoyed by the Indians
in various ways, that he, with other neighboring settlers, appealed to the miners for
protection.
In response to this petition, John K. Lamerick called for volunteers ; and about eighty
men immediately responded, and went to Ambrose's on the i6th of July. Shortly
thereafter a party from Shasta valley, under the command of Elijah Steele, arrived in
search of two Indian murderers, who were supposed to be secreted by the Rogue river
i>^..
-45
p yw^ ,
8
:^
N.S.KELLOGG
SPOKANE FALLS.W.T.
WAR WITH THE SAVAGES. 401
band. A. A. Skinner, the Indian agent, knowing that an oiitbreak was imminent,
strained every nerve to patch np a peace, which the troops gave him every opportunity
to do. It was finally decided to have a peace talk with the chiefs and Indians on Big Bar,
Lamerick's and Steele's forces to be present. Lamerick's forces moved up to the bar,
where they found Steele's men already on the ground. About ten o'clock in the
morning, an attempt was made to have a peace talk at the cabin on the bar. Skinner,
Martin Angell, Chief Jo and others were endeavoring to get the Indians to the cabin for
that purpose, all apparently acting in good faith. John Calvin, one of Steele's men, was
also bringing a squad of Indians down the bar towards the cabin. One of these held
back and refused to go. Calvin insisted and pushed him forward, when he turned and
strung his bow in a menacing manner, at which Calvin shot him. Then the fight
began, the Indians being all armed. There was no premeditation on the part of any one ;
but, after the firing of Calvin's gun, it was utterly impossible to check it. Chief Jo, Jim
and Mary, Jim's wife, the daughter of Jo, were not fifty yards from the place where the
firing commenced. The}^ made no attempt to escape, and consequently were not injured
nor molested ; but, on the contrary, they were protected and taken to a place of safety.
Chief Sara led the savages.
After the fight, a portion of Lamerick's men went down the river to Evans' ferr}',
where the}' had a slight skirmish with the Indians. From this place they went to
Evans creek, where the}' attacked and routed a large Indian camp. The next day James
Lacke}', with a Klikitat Indian, located the hostiles on the north side of Rogue river,
in what was then called " the Horseshoe," formed by two spurs of the lower Table Rock
making into the river. It was at once decided to attack them at daylight next morning ;
and for this purpose it was arranged that Steele's men, with some of the settlers, should
pass through the Willow Spring gap, thence east, crossing Rogue river about one mile
abo\e the mouth of Bear creek, at the first ford above Table Rock ; and another party
was sent over the Blackwell to remain on the north side of the river directly opposite
to Sam's camp. Lamerick, with fifty men, crossed the river at midnight near the
battle-ground of the da}' before, and moved up the river until he struck Sam's creek.
From this point, Lieutenant Humphrey, with twenty-five men, was sent to take a
position on the lower Table Rock to cut off the retreat of the Indians in that direction.
Lamerick, with the remnant of about twenty-five men, moved up the north side of the
river. It was understood that all the separate commands were to be at their appointed
place by daylight. Lamerick's command arrived within a mile of Sam's camp fully an
hour before daylight, where they dismounted and allowed their horses to graze. While
here one of the picket guard fired his gun, which proved to be a false alarm ; but at early
dawn they were ordered forward. When about six hundred yards from Sam's camp,
Lamerick, Lackey and Klippel, who were in advance, met an Indian coming towards
them on the trail. Lackey fired at and missed him, when the company rode rapidly
forward and took position on a little hill about one hundred and fifty yards in front of
Sam's camp. Lamerick's force was on time, as was also the party on the south side of
the river, opposite the Indian camp.
While waiting for the supports to come down the river, and to learn whether Lieutenant
Humphrey had succeeded in getting onto the rock, an Indian ran the gauntlet and gained
the rock, from which point for an hour he could be heard at intervals talking to the
Indians below. All at once the Indian decamped, and in a few minutes Humphrey's
command appeared on the top of Table Rock. Immediately upon the appearance of
402 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Humphrey's forces, the Indians sent out two squaws, who came half-way between their
camp and Lamerick's line, and said that Sam wanted two white men to come to him
without arms and have a peace talk, or " close wawa." Lamerick refused to entertain the
proposition. At this time, some of the Indians made a break to cross the river and get
away, but were promptly checked by a vollej^ from the troops on the south side. After
waiting two or three hours longer, a detachment of about fort}^ men made their
appearance coming down the river. B}- this time the Indians became frantic in their
appeals for a treat)\ Lamerick was making preparations to attack ; but the late arrivals,
who were mostly composed of the farmers, seemed inclined to a treat}-, in fact, were
strong advocates of peace, claiming that the defenseless condition of their homes would
place them at the mercy of the marauding savages. Lamerick, speaking for his
company, said to them : " We came here at your earnest request. We have the Indians
corralled and demoralized, and, with 3-our help, can destro}' them in one hour, which
lesson will be the best guarant}- of the safety of the valley." After considerable talk,
it was finally decided to leave it to a vote as to whether a treaty should be made ; and the
vote resulted in favor of a treaty, the farmers voting unanimousl}- for it, while Lamerick
and his men did not vote.
In accordance with this decision, a treaty, so-called, was made and signed, by which
the Rogue river Indians would have no communication with the Shastas, who had been
in the habit of stealing horses and property in Shasta valley, and seeking protection with
the Rogue rivers ; that the}- should expect no more presents from the " Boston Tyee,"
the President of the L^nited States, unless he wanted to give them (this referred to the
demand of the Indians for the breach of the Gaines treaty); that the Whites should have
the right to settle where they pleased and be secure and protected by their chiefs and
counselors in their person and property ; that all cattle in the valley belonging to the
Whites should be safe from molestations from the Indians ; that, if any property of any
kind or description belonging to the Whites was stolen or destroyed by the Indians, and
Sam, the chief, did not produce it in a given time, he was to be surrendered to the Whites
to do with him as they thought fit, even to the taking off of his head. In fact, Sam
would have promised anything while Lamerick had him " bottled up," and his life was
worth only an hour's purchase.
The making of this treaty was a very grave mistake. The farmers stated their case
in the strongest light, but were unacquainted with the character of the Indians with whom
the}' had to deal. The Rogue river Indians were cunning, treacherous and cruel, and
were never known to spare the white man when they had the advantage. Captain
Lamerick, with his forces, had completely outgeneraled Sam, the war chief; and he and
his warriors were entirely at his mercy. Had the farmers consented to the plans of
Captain Lamerick, and had the hostiles been visited with the condign punishment they
justly deserved, the supremacy of the Whites would have been established, without the
aid of government troops; and the wars of 1853 and 1S55 would never have occurred.
Captain Lamerick, on this occasion, proved himself not only a brave soldier, but an
officer with sound judgment and a clear head, all of which he maintained in his subsequent
conflicts with the Indians. Soon after the peace was made, on July 25th Captain Lamerick
and his company were tendered a public dinner at Jacksonville by the citizens of the
valley. There were present twenty-two ladies and about one hundred soldiers and citizens.
D. AI. Kinney, on behalf of the citizens of the valley, tendered thanks to Captain Lamerick
CAPTAIN LAMERICK BANQUETED. 403
and his men for services performed, to which the captain responded in fitting terms.
After which the following letter was read by the chairman :
" Indian Agency, Snnday Morning, July 25, 1852.
" Gentlemen: It is with extreme regret that, in consequence of the state of my health
and other circumstances beyond my control, I am under the necessity of declining _vour
polite invitation to be present at the public dinner tendered to Captain Lamerick and his
company of volunteers, who, by their energy, perseverance and gallantry, have so speedily
and successfully terminated the hostilities in which we were recentlj' engaged with the
warlike and wily savages of this valle3\ And though I cannot be present, permit me
through you to assure Captain Lamerick, and his brave companions-in-arms, of my
sympathy with patriotism and valor wherever exhibited. And allow me to propose the
following sentiment : ' The citizens and miners of Rogue river valley : Quick to discover
and prompt to repel danger: Worthy descendants of the heroes and patriots of '76.'
" Very respectfully,
" A. A. Skinner.
" Messrs. Fowler, Kinney and Miller, Com."
After many other toasts had been responded to, the dinner closed with an original
ditty, composed and sung by Esquire W. H. Appier, which will be remembered by the
pioneers present as long as they live. Space will not permit its publication ; but the
favorite verse began with the line " Table Rock is a pretty elevation," while the chorus
was, " Rise, rise, 3'e Oregons, rise."
The loss of the Indians in the campaign was thirty warriors killed. On the side of
the Whites, James Lackey was slightly, and a Klikitat Indian seriously, wounded. The
effect was to establish the supremacy of the Whites, and to secure the safety of settlers
and travelers for one year at least. It is not creditable to the United States government
that the expense of Lamerick's and Steele's commands, amounting to several thousand
dollars, was never paid.
The facts of this campaign, and the indorsement of the Indian agent, have been thus
particularly described, for the reason that some writers, entirely ignorant of the situation,
have grossly misrepresented the pioneers of Southern Oregon, and especially those of the
Rogne river valle3\ Some have gone so far as to represent the majorit}- of them as
desperadoes, whose chief delight was in the slaughter of the Indians, regardless of age or
sex. The exercise of a little common sense would show the absurdity of such a charge.
The settlers were devoted to improving their claims and providing homes for their families,
while the miners were engaged in a very lucrative occupation, in which a competency
could be secured only by unremitted labor and attention. It is true that the}- were brave
and gallant, as only such had the hardihood to endure the perils and hardships to be
encountered to reach this- " Promised Land." Many of these pioneers are still living,
most of whom are the leading citizens of Oregon, Washington and California. It is also
true that whenever danger threatened any portion of the new communit}*, all were ready
to rush to its defense, without regard to personal danger or pecuniary loss.
On these too-frequent occasions, there were men who, by their military ability and
penetrating knowledge of Indian character, were quickly recognized as leaders. Among
these were General Jo Lane, Colonel John E. Ross, Captain J. K. Lamerick, Captain Ben
Wright and several others whose names will subsequently appear. These men gave
404 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
their services neither for glor}- nor money, but to secure to their beloved country the
benefits of a christian civilization. In regard to the charge that the Indians were murdered
for recreation, it is only necessary to sa}-, that onl}' those who never met these treacherous
and implacable savages upon the warpath have given that designation to subduing the
Indians.
Certain humanitarians contend that, as the Indians were deprived of their lands,
they had a right to defend their property. The Congress of the United States, by act
of September 27, 1850, commonly known as the "Donation Act," gave to any settler in
Oregon, who would reside upon and cultivate the same, a certain quantity of land. It
was not the fault of the settler that his title was not perfect ; but it was a crying
shame that the general government neglected to protect the settlers, whom b}- so large
a bount}' it had induced to build up a state. Not only did the government fail to provide
troops for their protection, but has since failed to repay to the settlers the expense of
defending themselves. The protection of the immigrants over the southern route,
through the Piute and Modoc tribes of Indians, in what is known as the Lake country,
had heretofore devolved upon the people of the Willamette valle}^; but the settlement
of Jackson county imposed upon the citizens of that section the dut}' of protecting the
incoming immigration of this year. The people of Jackson county were in perfect
accord with those on the south side of the Siski3-ou Mountains, as their interests were
identical.
In the summer of 1S52, a letter was received at Yreka from one of the incoming
immigrants, stating that great suffering would ensue unless the train was supplied with
provisions. Immediately upon the receipt of this information, a supply train was fitted
out by the citizens of Yreka and committed to a company commanded by Charles
McDermit, who at once proceeded to Lost river, at the point where the trail from
Yreka met the Applegate trail to Southern Oregon. After passing Tule Lake, the
company met a party of immigrants with a pack train bound for Yreka. Captain
McDermit having seen no hostile Indians on his way, simply gave instructions as to
the route, and proceeded to relieve the wagon trains. When the packers reached a
narrow pass on the north side of Tule Lake, since named Blood}' Point, they fell into an
ambuscade of the Modoc Indians ; and all were killed except a man by the name of
Coffin, who cut the pack off a horse, and, mounting it, succeeded in reaching Yreka,
where he gave the alarm. Ben Wright was sent for at once, and quickl}- organized a
company of about thirty men, well supplied with horses, arms and provisions, m-Iio lost
no time in proceeding to the scene of the massacre.
The news of the slaughter of the pack-train party was received in Jacksonville in
the evening; and the next morning a compau}' of thirt}' men, under the command of
Captain John E. Ross, left for the protection of the immigrants. Captain McDermit,
entirel}' ignorant of the events taking place behind him, continued to advance, meeting
the first wagon train at Black Rock, with which he sent three men to show the route and
select camping places. Upon reaching the scene of the late murder, the three guides
rode without suspicion into the same ambuscade, and were killed. The men of the train,
which had been delaj'ed by accident, hearing the firing, made a barricade of their wagons,
and kept the Indians at bay until the arrival of Ben Wright and his company. Wright, upon
seeing the situation, suddenly charged upon the Indians, who fled and attempted to reach
their boats, but were intercepted by the volunteers, who, riding through the titles^ killed them
without mercy. Tlie numl)er of Indians killed was about fort}-. Captain Ross, with his
FRANCIS FLETCHER
YAM Ml LL CO., OR
MRS. E. THOMPSON
YAM Ml LL CO., OR .
/J^'f MRS MARY A.CHAMBERS,
NEE HARRIS .
MR HATHAWAY,
VANCOUVER, WT.
NAPOLEON MPGILVERY,
VANCOUVER, W T,
4
CAPTAIN BEN WRIGHT WREAKS RE\'ENGE. 405
companj-, arrived soon after ; and several days were spent in a search for the bodies of the
murdered immigrants. T\vent3'-t\vo bodies were found and buried by Wright's company.
Captain Ross buried fourteen, among whom were several women and children, all of whom
had been mutilated beyond recognition. Captain Ross advanced to meet the immigrants,
and detailed a guard for each train until it was be3fond danger, the company returning
home with the last of the immigration. Captain Wright, with a part of his command,
returned to Yreka for supplies, being determined to inflict signal punishment upon the
treacherous murderers.
Major Fitzgerald, with a company of U. S. dragoons, who had been ordered to assist
in the punishment of the Indians, rendered signal service, not only in protecting the
immigrants, but in forcing the Indians to take refuge upon an island in Tule Lake.
After the immigrant trains had all passed, the major returned to his quarters at Fort
Jones, near Yreka. When Wright returned with supplies to his camp on Lost river, he
was fully prepared to meet the savages with their own tactics. He had with him, and
devoted to his service, two Indians named Charley and Enos. He had also secured the
services of five Shastas, who were at war with the Modocs, and a Modoc squaw named
Mary, who had been sent into Yreka as a spy, but who forgot her allegiance to her tribe.
Upon reaching his camp on Lost river. Captain Wright secured a boat to keep guard over
the island, while the Shastas, under the direction of jNIary, found and destroyed all their
winter store of provisions, which were cached near the borders of the lake. When their
winter supplies were gone, this being about the first of November, 1852, the Modocs, for
the first time, offered to make peace. Wright accepted their offer, and invited them to
come to his camp for a feast. About fifty warriors, with their squaws, accepted the
invitation, which they could not well refuse, as they were on the border of starvation.
At this time. Lost river was very low, while above the river bottom was a terrace, upon
which Wright's company bivouaced. Upon the river bottom the Indians set their lodges ;
and it was on this grassy plain that the Whites cooked and feasted with the Indians, both
parties leaving their arms in camp.
It was Wright's object to obtain the valuables stolen from the murdered immigrants,
and also to secure the chiefs, Sconchin and Curlej^-headed Doctor, as hostages for peace in
the future; but Sconchin was too wily a rascal to be caught in this way. He, while
pretending to consider the matter, formed a plan to surprise and slaughter the Whites.
Wright, having been informed of this treacherj- through his Indians, sent six of his men
across Lost river to prevent the retreat of the Indians in that direction, and then attacked
them as they were scattered around their camp-fires. None of the Indians escaped except
the chiefs, Sconchin and Curley-headed Doctor, who were supposed to have left before the
attack was made. Wright had nineteen men, including the two Indians. He had three
men severely wounded, Isaac Sandback, Poland and Brown. The loss of the Indians was
forty-seven warriors. Captain Wright has been accused of treachery and violation of the
laws of civilized warfare; but no apology is necessary for the men who had lately buried
the mutilated bodies of murdered helpless women and children; and the taking of au
adequate revenge upon these implacable savages was a lesson deserved and imperative.
Upon their return to Yreka, Captain Wright aud his company were received with honors
which they richly deserved.
Upon the coast, the new settlement at Port Orford did not meet with the success its
founders anticipated, which chiefly depended upon finding a road or a trail directly to the
mines. Attempts were made by Lieutenants Stoneman and Williamson, of the U. S.
406 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Engineers, during this year, to find sucli a route; but the}'^ only succeeded in reaching the
Big Bend of Rogue river, from which point it was reported that a good road could be
found " through the broad and handsome valleys of Rogue river." The fact is, that from
this point to the old Oregon and California wagon road, the valley of the river is a
succession of almost inaccessible mountains. Colonel T'Vault reported in Februar}' that
Grave creek, which is a tributary' of Rogue river, emptied into the Coquille, thus affording
an easy grade to Vannoy's ferr}^, within a distance of ninety miles. The topography of
this rugged country was at that time entirely unknown to the Whites; and it was not
until- 1856 that a feasible route from the bend b}- tlie way of the valle}^ of Illinois river
was accidentally discovered b\' Captain A. J. Smith, too late to be of any commercial
advantage to Port Orford.
An additional drawback to the success of the venture was the loss of Captaiu
Tichnor's steamer Sea Gull on the 26th of February, 1S52, in Humboldt Bay, all the
passengers being saved. The regular mail steamers from San Francisco to Portland
refused to stop at Port Orford, as they were not pecuniarily interested in the townsite,
which added much to the difficulty of carrying on trade at that point. Captain Tichnor,
with his wife and family, arrived and settled on his Donation claim on the 9th day of May.
On the 2d of January, 1852, the three-masted government schooner Captain Lincoln left
San Francisco with troops and provisions for Port Orford. She is reported to have sprung
a leak shortl}- after leaving port; and, after repeated attempts to reach Port Orford, the
captain was compelled to run her ashore eighteen miles south of the mouth of the Umpqua.
Fortunately, no lives were lost ; and the cargo was all saved in a damaged condition.
Lieutenant Stanton, who was in command of the troops camped upon the beach at the
scene of the wreck, detailed a party to seek a trail to Port Orford ; but it soon returned
with the report that such a route was impracticable, on account of the steep and rugged
hills that flanked the coast, while the truth was that there was an almost level wagon
road from the camp to Port Orford, the only obstruction being in the crossing of the
rivers. On the iSth of Ma}^, the schooner Nassaii took the cargo of the Captain Lincoln
to San Francisco, whence the detachment reached Port Orford without difficult}-. During
the stay of Lieutenant Stanton on the coast near Coos river, he had several difficulties with
the Indians, which he promptly suppressed by punishing several of the ringleaders, one
of whom escaped with the irons on him and was never heard from.
While Port Orford was under a cloud, the seaports on the Umpqua river were rapidly
increasing their trade, especially the town of Scottsburg, by reason not only of the increase
of settlers in the counties of Umpqua and Douglas, but by the discover}- of the new mines
in Jackson county. There is one incident that occurred on the river that is worthy to be
recorded, as it goes to contradict the saying, " of the Federal officers, few die and none
resign." On the 21st of December, 1852, Collins Wilson, Collector of Customs at the
mouth of the Umpqua, tendered his resignation to Secretary Corwin, by whom he had
beeu appointed. The surprise occasioned by such action is somewhat lessened by the
reasons he gave therefor. In his letter he says that he had to do his own cooking and
washing, cut his own firewood, and board vessels by himself; that he had lived alone for
months, with no one within six miles of him ; and, besides which, he had received no pay.
His resignation was accepted. A. C. Gibbs was appointed his successor; and the office
was removed to more hospitable quarters at Gardiner.
The winter of 1852 was a very severe one, not probably as severe as the winter of
1850, but certainly the worst that had been experienced since white men had settled in
A HARD WINTER. 407
Southern Oregon. The mountains of California, north of Redding, were .so blockaded by
snow as to prevent the passage of pack trains to the mines in Xorthern California. The
people of Jackson county were dependent entirely upon the supplies brought from the
Willamette or Scottsburg; and, when the unexpected storm came upon them, the supply
of provisions was entirely inadequate. Snow fell at Jacksonville to the depth of three
feet, and lay upon the ground for more than four weeks ; while, for a long time after the
snow disappeared, high water offered an equal obstruction to travel. During this time,
the citizens and miners suffered severely. The supply of flour was soon exhausted ; and
many persons lived on " beans straight " for the whole period. Salt was also extremely
scarce, and was issued only to the sick, in about the same quantities that the physician
gives quinine to his patients in malarious countries. Starving cattle, horses and mules
were killed for the relief of the suffering people. The first relief was furnished by B. F.
Dowell, who brought into Jacksonville a pack train loaded with flour, after surmounting
obstacles that few had the hardihood to undertake. The people of the Umpqua valley
were better provided with wheat and flour. The storm was not so severe in that section ;
and their principal suffering was caused by the increased prices of the necessaries of life.
Chapter XLV.
(1853-)
Judge Deatly's First Term — Trial of Joseph Knott — 3Iurderoiis Savages — Settlers
and 3Iiners Assassinated and Kobbed — Securing Anns — Direful Fate of White
Victims — Volunteers Called For to Protect the Settlements — Heroic Response
— The First Skirmish — Jackson County Appeals to the Governor of the
Territory — Genei'al Lane Besought to Help His Fellow Citizens — His Prompt
Response — Nesmith and Grover Volunteer — Indians Captiu'ed — Perfidy of
Surrendered Savages — Combination of Indian Tribes to Exterminate the
Whites — Fortified at Table Rock — Pursuing the Savage W^arriors — ^ Fatal
Conflicts — General Lane in the Field Ahead of His Commission — Energetic
and Successful Prosecution of the War — A Pitched Battle — Colonel Alden
and General Lane W^ounded — Surrender of the Indians — Flags of Honor —
General Smith's Heroic March — Ti'eating for Peace — General Lane and Ten
Unarmed Negotiators Tlireatened with Base Murder — Conclusion and Terms
of the Treaty — Retaliatory Depredations — Protecting the Immigrant Trains —
Fighting on the Overland Trail — Conduct of the Treaty Indians — 111
Treatment of the Volunteers by the National Government — Pony Expresses
— Mines and Mining — Other Industries — First Courts in Jackson and Douglas
Counties — Murderers Hanged — More Indians Punished — Many Settlers
Assassinated by the Savages — Discovery of Gold — The Coos Bay Company and
Settlement.
WITH the opening of the spring of 1S53, the prospect for the future of Southern
Oregon was very encouraging. Settlers had occupied nearly all the valleys in
the three counties, and were prepared to put in crops, while the placer mining in Jackson
county, as well as in Northern California, yielded large returns. The trade of
Scottsburg consequently rapidly increased. On March 29th, the Pacific Mail steamship
Fremont entered the Umpqua river, bringing one hundred and fifty tons of freight ; and
on the same day the schooner Fawn brought two hundred tons. The Fremont was billed
for semi-nionthl}^ trips.
At the June election in 1853, the vote was as follows : Jackson comity : Total vote,
1 191. Representatives, George H. Ambrose, John F. Miller, Chauncey Nye ; Probate
Judge, Thomas McF. Patton ; County Commissioners, Martin Augell, B. B. Griffin and
John Gibbs ; County Auditor, C. S. Drew ; Sheriff, William Galley ; County Treasurer,
Dr. E. H. Cleveland. Douglas county : Total vote, 306. Representative, Wm. J.
Martin ; Probate Judge, Sol. Fitzhugh ; County Commissioner, Sam B. Hadley ; Sheriff,
lilijah Perry; Assessor, H. lies; Coroner, R. P. Daniels; Prosecuting Attorney,
Columbus Sims. Unipqna county: Total vote, 223. Representative, Dr. L. S.
Thompson; County Commissioners, Wm. H.Wilson and Ebenezer Stephens; Probate
Judge, Isaac N. Hall ; Sheriff, J. A. Knowles ; Treasurer, W. W. Wells ; Auditor,
Jos. L. Gilbert.
( 408 )
HON. JAMES H.RINEHART,
SUMMERVILLE.DR.
TRIAL OF JOSEPH KNOTT. 409
The second term of the U. S. District Court was held at Scottsburg on July 29th,
Judge M. P. Deady presiding. Mr. Deady had recently been appointed District Judge by
President Pierce, and had been assigned to the Southern Oregon District. This was his
first term. The occasion was made remarkable from the fact that the first case of
homicide in the district was tried at that time, — the case of The Tcrrito)-y vs. Joseph
Kiiott. The tragedy occurred at Winchester, upon election day, and produced intense
excitement throughout the thinly settled community. There was even talk of lynching
the accused ; but this was promptly suppressed by the better class of citizens and the
efforts of Sheriff F. R. Hill, who was a brother of the victim. The territory was ably
represented by C. Sims, Prosecuting Attorney, B. F. Harding, United States Attorney,
and George K. Sheil. On the pai't of the defense appeared ex-Judge O. C. Pratt, R. E.
Stratton, A. C. Gibbs and S. F. Chadwick. The trial resulted in a verdict of acquittal
of the defendant. This case proves more strongly than any other circumstance that even
at this early day the people of Southern Oregon were a law-abiding people.
The trade from Scottsburg and the Willamette valley with the mines in Jackson
county and Siskiyou, which was principally carried on by pack trains, was very profitable
during the early part of the summer, and was still further encouraged by the fact
that Major B. Alvord was at the time engaged in locating an United States military
wagon road from Myrtle creek to Camp Stewart, in the Rogue river valley, upon the
completion of which it was confidently expected that the wagon train would supersede the
present expensive mode of conveyance. The Indians, since the fight at Big Bar, had
been very quiet, with the exception of the Grave creek band, under the command of Chief
Taj-lor. Early in June, it was ascertained that a party of seven men, who were engaged
in mining on Rogue river near the mouth of Gallice creek, had mysteriously disappeared.
Chief Taylor volunteered the evidence that they had been drowned in the winter's flood ;
but, as Taylor was found in possession of their gold dust, he and several of his band
were arrested by Captain Bates and a company of miners, were duly tried and convicted
of murder, and were accordingly executed. Before their execution, the Indians made a
full confession of their guilt, and boasted of the manner in which they had tortured their
victims. Bates and his company made a war of extermination upon this band, but were
only partially successful. The survivors concealed themselves in the mountain fastnesses,
from which they could watch the trail, and often murdered and robbed a lone prospector,
while they dared not attack a party of three or four. Early in the summer, two miners
were killed on Cow creek, and their cabin robbed, probably by these renegades.
Aside from the trouble with the Grave creek band, which was not formidable, no
difficulty was anticipated with the tribes in the Rogue river valley, who had up to this
time professed the greatest friendship for the Whites. In fact, they had so ingratiated
themselves with the miners and settlers that the latter willingly traded their arms and
ammunition for venison, for which they had no time to hunt. In all this, the treachery
of the blood-thirsty savages was fully disclosed. Having provided themselves with what
they deemed a sufficient suppl}' of military stores, their conduct suddenly changed; and
from being friendl}- and subservient, they became sullen and arrogant. Tipsu, the chief of
the tribe at the foot of the Siskiyou Mountains, with whom the settlers had made a treaty
in the previous year, insisted that they must leave his country; and, as it sub.sequently
appeared, the Klamath, Shasta and Rogue river Indians had already formed a league for
the extermination of the Whites. The settlers in the upper part of the valley, fearing
trouble, were making a hasty organization, when they were anticipated by a general
410 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
outbreak of the Indians. But few men in the country were prepared for such an attack;
and a large majority were without arms or ammunition. The first notice the settlers had
of the outbreak was the murder, on the 4th of August, of a farmer named Richard
Edwards, who resided about five miles from Jacksonville. The Indians had entered his
cabin in his absence ; and, upon his return, he was shot with his own gun through the
spine, after which his head was nearl}- severed from his body with an ax, and an attempt
made to cut his throat with a dull knife.
Upon the return of the coroner's jury from the scene of the murder, a meeting of
the citizens was held at the Robinson House in Jacksonville ; and the work of organizing
military companies was at once begun. On the day of the murder of Edwards, several
ha3'stacks were burned in different parts of the valley, a yoke of oxen belonging to
Mr. Miller were killed near Jacksonville, and the house of William Kahler entered aud
rifled of its contents. On the following morning, the cabin of Mr. Davis was broken
open and robbed ; and in the evening, Mr. Davis and Burrel B. Griffin were fired upon
by the Indians and both wounded by arrows, the former in the thigh and the latter in
the shoulder. About nine o'clock on the night of the same da}-, a report of a gun was
heard in Jacksonville, accompanied by a cr}' of " murder." Several of the citizens armed
themselves and rushed to the rescue. Upon arriving at the spot, Thomas J. Wells, a
merchant of Jacksonville, was found shot through the lower part of the body, and died
shortly after. A strong guard was established around the town to prevent surprise.
On the next day, Rhodes Nolan, who had been acting as one of the town guards, was
shot and killed as he was entering his cabin on Jackson creek. The citizens, who had
been preparing for a skirmish, upon receiving intelligence of his murder, immediately
started for the scene, and soon returned with a captured chief, who was quickl}' mustered
to an oak tree ; and during the day three others were hung beside him.
On the night of the 5th, W. K. Ish and Mr. Davis were sent to Fort Jones for
assistance ; and to their appeal Captain Alden aud the people of Yreka aud vicinity
quickly responded. At the same time, August 6th, the settlers in the upper part of the
valley went to interview the band commanded by Tipsu. Upon their arrival at the camp,
they were met by a volley from the Indians ; and a brisk skirmish ensued, in which
Andrew J. Carter and Patrick Dunn were wounded, the former having his right arm
broken below the elbow, and the latter receiving a gunshot wound in the shoulder. The
loss of the Indians was never clearly ascertained ; but it is known that five were killed
and several wounded. The Whites captured the women and children of the rancheria,
and took them to the farms of Alberding and Dunn as hostages, the}- having erected a
stockade to prevent an assault. The situation of the women and children of the settlers
upon the outbreak was really deplorable. Their husbands were all needed for the public
defense; and their little accumulations, together with the heirlooms they had brought
across the plains, had to be abandoned to the mercy of the savages. Many of the families
came to Jacksonville. Those on the lower Rogue river congregated at T'Vault's (Fort
Dardanelles), N. C. Dean's, Willow Springs, Martin Angell's, and in the upper part of
the valle}' at Jacob Waggoner's. All of these places were fortified and well guarded.
Captain J. K. Lamerick, with a company of forty meu, was stationed at Willow
Springs. On the 7th, several of the compau}', about a dozen in number, went to
Jacksonville, and towards evening started to return to camp. John R. Harden, late
representative of Jackson county. Dr. Rose and another were riding by themselves,
while T'Vault aud the rest of the party had taken another road. About a mile from
HEROIC RESPONSE OF VOLUNTEERS. 411
camp, the three were fired upon b}^ Indians in ambush. Dr. Rose was instantly killed,
and Harden shot through the hips by a rifle ball ; but the third man was not wounded.
Harden kept his horse until the rest of the party, who heard the firing, came up, and
lived eleven hours, suffering the most intense agony. The party came in for help, and
upon their return found Dr. Rose's body stripped, his throat cut in two places, one eye
gouged out and his person horribly disfigured. He had about six hundred dollars, which
with his horse was stolen. As soon as any dwelling was left unprotected, it was burned,
and its inmates, if any, murdered. During the first week of the outbreak, ten houses
were burned between Jacksonville and Fort Dardanelles.
The promptness with which the residents volunteered is deserving of great praise.
In Jackson count}' alone, six companies were raised at once. They were respectively
commanded by Captains J. K. Lamerick, John F. Miller, R. L. Williams, E. A. Owens
and W. W. Fowler. The latter's company was raised especially for the protection of the
women and children who had taken refuge in Jacksonville. The muster-rolls of these
gallant soldiers will be published in another volume of this histor\\
The appeal to Captain Alden, of Fort Jones, and the people of Yreka and Scott's
valle}', was very promptly responded to. Captain Alden immediately left Fort Jones with
ten men, all who were available at the post at that time, bringing fifty muskets and a
supply of cartridges. Captain Jas. P. Goodall, of Yreka, with a company of ninety men,
and Captain Jacob Rhodes, from Humbug creek, with a company of sixt\-, followed very
shortly after.
The Board of County Commissioners of Jackson county acted as a Committee of
Safety, and on the 14th of August directed a communication to the Governor of Oregon,
of which the following is a copy :
"At a meeting of the Board of Commissioners, I am instructed to inform you that
war exists between us and the Indians of this valle^^, who are, as we are informed, in
league with the Indians of Klamath Lake, Snake river, and with the Shasta Indians, for
the purpose, as they affirm, of the extermination of the Whites of Rogue river vallej^.
They have already killed and wounded several of our citizens, killed our cattle and
destroyed our dwellings. Captain B. R. Alden, Fourth U. S. Infantry, from Fort Jones,
Scott's valley, with a small detachment, is here by request. He has enrolled two companies
of volunteers, and, in obedience to the wish of our citizens, taken the command. We would
request your Excellenc}- to procure from Fort Vancouver one small howitzer, together with
some small arms, and enroll a sufficient number of men to guard them through. (Signed.)
Geo. Darr, Secretary Board of Commissioners. Edward Shiel, President." On the back
of this letter was the following indorsement: " I consider it very requisite that a howitzer,
with ammunition, fifty muskets and some three thousand rounds of ammunition, be sent
to the valley. B. R. Alden, Captain Fourth Infantry."
This communication was forwarded b}' Mr. S. Ettlinger, who made the trip to Salem,
on horseback, in four da^^s. Mr. Ettlinger was accompanied to the house of General Lane,
near Winchester, by I. B. Nichols and James Cluggage, who carried to the general an
urgent appeal for his presence and help. The general received the message at one o'clock
in the morning of the 17th ; and before noon he proceeded to the seat of war, and on his
journey secured many volunteers, who were his old friends, and who had confidence in his
militarj' ability. As the general had just been elected a delegate to Congress, and was at
the time of receiving news of the outbreak preparing for his journe}- to Washington, it
was not remarkable that the gallant men who accompanied him esteemed him for his love
412 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
of his adopted state, as well as his self-sacrifice. The result of Mr. Ettliuger's mission
was very successful. Governor Curry issued a requisition, through General Palmer,
Superintendent of Indian Affairs, upon Colonel Bonneville, in command of the United
States garrison at Vancouver, which was very promptly responded to; and, as an instance
of the lack of red tape, it is proper to copy his letter :
" Headquarters Fourth Infantry,
"Columbia Barracks, August 24, 1853.
" Sir: Lieutenant-Colonel Bonneville has this moment received your communication
of 3'esterda3', requesting that a howitzer, and a sufficient force to work it, may be sent to
the seat of the Indian difficulties. He desires me to inform your Excellenc}' that he has
alread}- sent a howitzer with its caisson, containing a good supply of ammunition, under
charge of an ofiBcer and six men. The men are acquainted with the artiller}' drill, and
are verj' competent to work the howitzer. Lieutenant Kautz has charge of the party, and
will expect a volunteer force to escort him to the seat of difficulties.
" Thomas R. Connell,
" Hon. Geo. L. Curry, " Adjt. Fourth Inf , Brvt. Capt. U. S. A.
" Acting Gov. of Oregon."
The request for an escort was promptly responded to. Under the proclamation of
Governor Curr}', a compau}- of forty men at once enlisted, of which the officers were: J.
W. Nesraith, Captain ; L. F. Grover, First Lieutenant ; W^ni. K. Beale, Second Lieutenant ;
Dr. J. C. McCurd}-, Surgeon; J. M. Crooks, Orderly Sergeant. These men did gallant
service, as will hereafter appear.
In the meantime, the citizens of Rogue river valle}- were left to defend themselves.
About a week after Dunn and Carter, with their party, had captured the women and
children of Tipsu's band. Sambo, a son of Tipsu, came with his warriors, numbering about
fifteen, into their camp and surrendei^ed. Tliey were received in good faith and provided
for. Several families were at this station at this time, including those of Fred Heber, Asa
Fordyce, Samuel Grubbe, Isaac Hill and Robert Wright, besides a number of single men.
The Indians were not watched, full credit being given to their professions of friendship.
On the morning of the 17th, they made an attack upon their protectors, instantl}' killing
Hugh Smith, and wounding John Gibbs, Wm. Hodgkins, Brice Whitmore, Morris Howell
and B. Morris, and then made their escape. Gibbs died soon after at the stockade at
Waggoner's, where the Whites moved for protection. Hodgkins expired while being
moved to Jacksonville, and Whitmore a few days after reaching the hospital at that place.
The first business of the volunteers was to ascertain the localit}^ of the main bod}- of
the Indians. Scouting parties soon found that their stronghold was their position of the
year before, near Table Rock, to which they had added fortifications with considerable skill.
They numbered at least three hundred warriors, commanded by Joe, Sam, Jim and several
other minor chiefs; and all were defiant and aggressive, pledging themselves to a war of
extermination. The tribes of Chiefs John and Elijah were known to be somewhere on
Applegate creek, to the south and west of Jacksonville, and therefore ver}' dangerous to
the safety of the town, if an advance was made to Table Rock, which was nearly north.
To ascertain the force of these Indians, and to drive them from their position, if possible.
Lieutenant B. B. Griffin, of Company A, and Captain J. F. JMiller, with a detachment of
twenty-five men, were ordered to march on the morning of June loth. The Lieutenant
""■'s.
-X^
HENRY STOVER,
PENDLETON, OR.
PURSUING THE SAVAGE WARRIORS. 413
proceeded to Sterling creek, where he destroyed the rancheria of Chief Elijah after a slight
skirmish, in which Sergeant George Anderson was wounded in the hip. Following down
Sterling creek the next day to the main Applegate, a short distance above the mouth of
Williams creek, an Indian trail was struck, which was vigorously followed up Williams
creek until about a mile from its mouth, when the attacking party was suddenly
ambushed by the Indians under Chief John. At the first fire. Private Francis Garnett
was killed. The company made a gallant fight for some time, but being greatly
overmatched, and the Indians being concealed, they were compelled to retreat, leaving the
field to their enemies. Lieutenant Griffin was shot through tlie leg by a rifle ball. The
Indian loss was afterwards reported as being five killed and wounded.
Upon the arrival in the valley of Captain vllden with his few regulars, and the
California volunteers under Captains Goodall and Rhodes, the Oregon volunteers, by
order of Colonel Ross, united with them ; and all were encamped on Bear creek, which
was called Camp Stuart. At the unanimous request of the volunteers. Captain Alden
assumed command of the forces, which numbered about three hundred men. It had
alread}- been ascertained that the Indians had abandoned their position on the south of
Table Rock and taken another, five or six miles north of the rock, in a caiion of dense
brush. About the 15th of Augu.st, the forces proceeded to give them battle. Captain
Hard}^ Elliff, with his command, was ordered to their rear to bring on an engagement,
when the main force was to charge them in front. When the troops arrived on the
ground, the Indians were nowhere to be found, having moved their camp several da3's
before.
First Lieutenant Ely, of Captain Goodall's company, with a picked company of
twent3--two men, was sent in search of the Indian camp, while the main force returned to
Camp Stuart for the purpose of obtaining supplies to pursue the Indians into the
mountains. On the morning of the 17th, Lieutenant Ely discovered the Indians about
ten miles north of their last camp, upon the right-hand fork of Evans creek. He
immediately fell back to an open prairie interspersed with small washed gullies bordered
with willows, sent two men to headquarters announcing the situation, and determined to
hold his position with his twenty men until the arrival of the main body. In the
meantime the Indians, availing themselves of the shelter of the gullies and brush,
crawled up and commenced an attack at a distance of thirt}- yards, killing two men at
the first fire. Lieutenant El}^ immediately withdrew his men a distance of two hundred
and fifty \-ards to a ridge covered with pine trees, with a prairie in front, but elevated
ground in the rear. In this position the Indians flanked and surrounded them. In this
position this gallant little band fought, without flinching, an overwhelming number of
Indians for three hours and a half, when John D. Cosby, with five men, the advance of
Goodall's company, arrived on the ground. On seeing the reinforcement, the Indians
precipitateh' fled, carr3'ing off eighteen horses and mules, with their caparisons, blankets
and camp equipage. The loss in Ely's command was : killed, J. Shane, P. Keath,
Sergeant Frank Perrj', A. Douglass, A. C. Colburn and L. Stuckling ; wounded, First
Lieutenant Eh' shot through the wrist, John Albin, James Carrol and Zebulon Shutz, all
slightl}'. The entire force again returned to Camp Stuart to care for the wounded and to
obtain supplies.
On Sunday morning, August 21st, General Jo Lane, with his friends, arrived in camp,
when Captain Alden at once tendered him the command. Governor Curry had already
appointed General Lane Brigadier-General of the volunteers; but the general was much
414 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
in advance of his commission. The general promptl}' accepted the position; and the next
morning at sunrise the whole force was en route. The battalion under the command of
Colonel Ross, consisting of the companies of Captains Miller and Lamerick, with the
Umpqua volunteers, were ordered to go down Rogue river to the mouth of Evans creek,
thence up Evans creek until they found the Indian camp, which the}- were to attack at
once. If thej^ failed to find the enemy, they were to proceed until they met the other
battalion under the command of Captain Alden. The events of this short campaign
cannot be better represented than by the dispatch of General Lane to Brigadier-General
Hitchcock, then in command of the Department of the Pacific :
"On the 17th of August, I received information, at my residence in Umpqua valley,
that the Rogue river Indians, assisted by the Klamaths, Shastas, and with the bands living
on Applegate and Grave creeks, had united and attacked the settlements in the Rogue
river valley near Jacksonville; that a number of persons had been killed, a large amount
of stock killed or driven off, houses and grain burned; and that companies were being
formed for the defense of the settlements, and for the purpose of a general war upon the
Indians. I promptly notified the citizens of the neighborhood, and advised with Major
Alvord, who was then present engaged in the location of the road from Myrtle creek to
Camp Stewart, and immediately proceeded, accompanied by Captain Armstrong, James
Cluggage, I. B. Nichols and some ten others, to the scene of hostilities. On the 21st, I
arrived at the headquarters of our forces on Stewart creek, where I found Captain Alden,
Fourth Infantry, who had promptly, upon the first information being received by him at
Fort Jones, on Scott river, repaired to Jacksonville with ten men of his command, all vdio
were fit for duty, and forthwith proceeded to take energetic measures for an active and
effective campaign, by appointing four commissioners of military aff"airs, and mustering
into service all the volunteers for whom arms could be procured. His force on my arrival
consisted of companies under Captains Goodall, Miller, Lamerick and Rhodes, commanded
by Colonel John Ross, the whole under the command of Colonel Alden. These troops
had been actively engaged in scouring the country in all directions, and had succeeded in
driving the main body of the Indians to their strongholds in the mountains. Pack trains
were being collected in view of an extended pursuit of the Indians; and all other
preparations were being made with the utmost dispatch.
" At the request of Colonel Alden and the troops, I assumed the command of the
forces, and on the 2 2d, at four o'clock A. M., left camp for the mountains, having divided
the command into two battalions, in order better to scour the whole countr}'. One
battalion, composed of Captains Miller and Lamerick's companies, under the command of
Colonel Ross, were directed to proceed up Evans creek, which empties into the Rogue
river from the north, and continue on, if no traces of the Indians were found, until the
two detachments should meet at a point designated, but, if the trail was found, to follow it
and bring the Indians to battle. At the head of the other battalion, composed of
Captains Goodall's and Rhodes' companies, commanded by Colonel x\lden, I proceeded by
the way of Table Rock, in the direction of the point designated on Evans creek. After
advancing about fifteen miles beyond Table Rock, I discovered the trail of the Indians,
and encamped upon it.
" I took up the line of march early next morning, and followed the trail with great
difficulty, the Indians having used every precaution to conceal it. The country was
exceedingly mountainous, and almost impassable for animals ; and as the Indians had
fired the country behind them, the falling of the Inirning timber and the heat delaj'cd
COLONEL ALDEN AND GENERAL LAXR WOrXDKD. 415
our progress, while the dense smoke prevented us from ascertaining with certainty the
face of the country. About noon we came to the place at which they had encamped a few
nights before, by the side of a stream in a dense forest. Here they had killed a mule and
a horse they had captured in a battle some days previous, and used them for provisions.
From this point, we had more difficulty in finding the trail, it having been carefully
concealed, and the mountains lately- fired; but, after some delay, we again struck it. Late
in the evening, we came to the main fork of Evans creek, now called Battle creek, where
we came to a spot at which the Indians had again encamped. Beyond this, all trace of
the Indians seemed to be lost; and, after searching in vain for the trail until dark, we were
forced to encamp. The valley was very narrow, and almost entirely covered with an
impenetrable thicket of vine maple, leaving scarceli' room for the men to lie down on the
bank of the creek. The animals were closely tied to the bushes, there being no grass or
forage of an}- kind.
" The command was ready to move at daylight. A party on foot early discovered the
trail ; and, after cutting out the brush for nearly a quarter of a mile, we succeeded in
reaching it with the animals. About a mile farther up we crossed Battle creek, and
ascended a high, steep mountain which forms the dividing ridge of the numei"ous branches
running into the Rogue river. This part of the country had not been fired. About nine
o'clock A. M., we arrived at another Indian camp on the ridge, at a spring very difficult of
access, on the side of a mountain. On leaving this camp, we found that the woods had
been recently fired, which induced me to believe that the Indians were not far in advance
of us. About a half mile from the spring, as I was riding slowly in front, I heard the
crack of a rifle in the direction of the enemy. I proceeded to a point commanding the
rapid descent of the trail from the mountain, and, halting, could hear persons talking in
their camp about four hundred yards distant, in a dense forest thick with underbrush,
which entirely obstructed the view. As the troops came up, they were ordered in a low
voice to dismount, tie their animals and prepare for battle.
"Colonel Alden, at the head of Captain Goodall's company, was directed to proceed on
the trail, and attack the eneni}^ in front, while a portion of Captain Rhodes' compau}^ was
directed to follow a ridge running to the left of their trail, and turn their flank. Colonel
Alden proceeded to engage them in the most gallant manner, his well-directed fire being ■
the first intimation of our approach. It being found impracticable to turn their flank,
Captain Rhodes at once engaged them on their right. The men were deplo3'ed, taking
cover behind the trees ; and the fight became general. I was delayed a few minutes on
the hill, for the arrival of the rear guard. These were dismounted, and, all except fifteen
men, I immediately led into action. On arriving on the ground, I found Colonel Alden,
who had been shot down early in the fight, dangerously wounded, in the arms of his
faithful sergeant, and surrounded by a few of his own men. The battle was now raging
with great fierceness, our men coolly pouring in their fire, unshaken b}^ the hideous yells
and wanvhoops of the Indians, or by their rapid and more destructive fire.
"After examining the ground, and finding the enemy were securely posted behind
trees and logs and concealed by underbrush, and that it was impossible to reach them
except when the}^ carelessly exposed their persons in their anxiet}- to get a shot at our
men, I determined to charge them. I passed the order, led forward in the movement, and,
when within thirty vards of their position, received a wound from a rifle-ball, which struck
my right arm near the shoulder-joint, and, passing entirely through, came out near the point
of the shoulder. Believing at the time that the shot came from the flank, I ordered our
416 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
line to be extended, to prevent the enemy from tnrning our flank, and the men again to
take cover behind trees. This position was held for three or four hours, during which
time I talked frequent!}- with the officers and men, and found them cool, and determined
on conquering the enemj-. Finding myself weak from loss of blood, I retired to the rear,
to have my wound examined and dressed. While here the Indians cried out to our men,
many of whom understood their language, that they wished for a talk ; that they desired
to fight no longer ; that they were frightened and desired peace. I\Ir. Tyler was dispatched
by Captain Goodall to inform me of the desire of the Indians to cease firing and make
peace. By this time, Robert Metcalf and James Bruce had been sent into their lines to
talk, and, having informed them that I was in command, they expressed a great desire
to see me.
" Finding that the}- were much superior in numbers, being about two hundred warriors,
well armed with rifles and muskets, well supplied with ammunition, and knowing that
they could fight as long as they saw fit and then safely retreat into a country exceedingly
difficult of access, and being desirous of examining their position, I concluded to go among
them. On entering their lines, I met their principal chief, Joe, and the subordinate chiefs,
Sam and Jim, w-ho told me their hearts were sick of war, and that they would meet me at
Table Rock in seven days, when they would give up their arms, make a treaty and place
themselves under our protection. The preliminaries having been arranged, the command
returned to the place where they had been dismounted, the dead were buried and the
wounded cared for.
" By this time Colonel Ross, with his battalion, arrived, having followed our trail for
some distance. This gallant command were anxious to renew the attack upon the Indians,
who still remained in their position ; but as the negotiations had proceeded so far, I could
not consent. That night was spent within four hundred yards of the Indians ; and good
faith was observed on both sides. At the dawn of day, I discovered that the Indians were
moving, and sent to stop them until a further talk was held. Accompanied by Colonel
Ross and other officers, I went among them, and became satisfied that they would faithfully
observe the agreements already made. By the advice of the surgeon, we remained that
day and night upon the battle-ground, and then returned to Table Rock.
" Too much praise cannot be awarded to Colonel Alden. The country is greatly
indebted to him for the rapid organization of the forces, when it was utterly without
defense. His gallantry is sufficiently attested by his being dangerously wounded while
charging at the head of his command, almost in the enemy's lines. Captains Goodall
and Rhodes, with their companies, distinguished themselves from the beginning to the
end of the action for their cool and determined bravery; no troops could have done better.
The command of Colonel Ross, under Captains Miller and Lamerick, although too late
to participate in the action, made a severe march through the mountains, and arrived on
the ground one day sooner than I expected them. Their presence was of great assistance
to us. Our loss in the battle was three killed : Pleasant Armstrong, John Scarborough
and Isaac Bradley, and five badly wounded: Colonel Alden, myself, and privates Charles
C. Abbe (since dead), Henry Flesher and Thomas Hays. The Indians lost eight killed
and twenty wounded, seven of whom we know to have since died.
" Soon after my return from the mountains. Captain A. J. Smith, First Dragoons,
arrived at camp with his troops from Port Orford. His arrival was most opportune. His
presence during the negotiations for a peace was of great assistance, while his troop
served to overawe the Indians.
GEN!- CUVIER GROVER
U.S.A..
f'>>. -^T
GEN!- A.L.LOVEJOY.
^'„^-5<v'.<V^^
HON. L. F. GROVER,
PORTLAND, OR.
HON.H.W.CORBETT,
PORTLAN D, DR.
Wl LLiAM S LADD.
PORTLAND, OR.
FLAGS OF HONOR. 417
" The governor of the territory, upon the first information being received by him,
ordered out a company under Captain Nesniith, and sent them as an escort for a large
quantity of arms and ammunition which were procured from Fort \'ancouver. Captain
Nesmith arrived after the negotiations had been commenced, but was of great service to
me from his intimate knowledge of the Indians and their language. Lieutenant Kautz,
Fourth Infantry, accompanied Captain Nesmith, and had in charge a twelve-pound
howitzer and caisson, which he brought safely into camp, although the road is a very
difficult one and seldom traveled by wagons. A commission as brigadier-general, from
the governor of Oregon, reached me a few days after I. had assumed command at Captain
Alden's request. A treaty of peace has been made with the Indians ; and I have no doubt
that with proper care it can be maintained. The tribe is a very large one, and to a great
extent controls the tribes in this part of the country ; and a peace with them is a peace
with all. This, in my opinion, can only be perfectly secured by the presence of a
considerable military force in the Rogue river valley without delay.
" To Robert Metcalfe, who acted for me as scout and guide, I am indebted for the
faithful discharge of his duty. John D. Cosby, James Bruce and George W. Tyler did
good service in the same capacity. On the expedition to the mountains, from the 2 ad to
the 26th, W. G. T' Vault, Esq., acted as my volunteer aid. At that time, Captain C. Sims
joined the command, and handsomely performed the duties of assistant adjutant-general
until compelled by sickness to resign on the 29th. Since that time, Captain Mosher, late
of the Fourth Ohio Volunteers, has performed the duties of that office. Doctor Ed. Shiel,
George Dart, Richard Dugan and L. A. Davis, the Commissioners appointed by Colonel
Alden, were most active in the performance of their duties, and kept the command
supplied with provisions, transportation and necessaries for carrying on the war. Major
Chas. S. Drew, Assistant Quartermaster, with his assistants, performed their duties with
promptness and accuracy. Dr. E. H. Cleveland, Surgeon-General, and his assistants,
were unremitting in their attention to the sick and wounded.
" I have the honor to be, etc.,
"Joseph Lane."
The troops upon their return went into camp at B3'bee's ferry, near Table Rock,
which was named Camp Alden, in honor of the gallant officer who had been so severely
wounded, the headquarters being established in a small log cabin without floor or door.
The quarters were not pretentious, but were in full accord with the command, which
was entirely without tents, which they did not need, especially as they had plenty of
commissary stores, the want of which had been very much felt during the campaign in
the mountains.
On the ist of September, a pleasant episode occurred at the camp. A deputation
from Yreka brought two flags wrought b}- the women of that place, to be presented to
the companies of Captains Goodall and Rhodes for their gallant conduct. The ceremony
of presentation took place at headquarters. The troops were paraded, when Dr. Gatliff,
the leader of the deputation, delivered the flags to General Lane for presentation. The
general, in the performance of this duty, gave great praise to these companies for their
conduct in action, explained the situation, and warned all the troops to be guilt}* of no
act of treachery pending the negotiations. General Alvord, U. S. Army, being present,
was introduced by General Lane and made some very happy and appropriate remarks.
28
418 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The next day, Captain A. J. Smith, First U. S Dragoons, with one compan}' of his
regiment, arrived at Camp Alden from Port Orford. For making this jonrnej'. Captain
Smith, now General A. J. Smith, on the retired list, has never been given proper credit.
From tlie time of the unfortunate exploration of IMr. T'Vault, several expeditions had
been fitted out at Port Orford, some of which were under the charge of the engineers of
the United States Army, for the purpose of finding a trail to the Rogue river valle}^
none of which had been successful. When Captain Smith received his marching orders,
he left immediatel}', and proceeded to the north side of Rogue river at Big Bend.
Finding no practicable trail on the north side of the river, he crossed to the south side,
intending to follow the first stream that entered Rogue river from the south. The
countr}' being all on fire, the smoke was so dense that it was impossible to discover the
topography of the country ; and the Captain missed the mouth of the Illinois river, and
entered a caiion from which it took him three days to extricate himself. Upon getting
out, he ascended the dividing ridge between the Illinois and Rogue rivers, and struck
Rogue river at Vannoy's ferry without the loss of a man or a horse.
On the fourth of September, Lieutenant L. F. Grover, with a portion of Captain
Nesmith's company, as an escort for the ammunition, arrived in camp, accompanied by
General Palmer, Superintendent of Indian Affairs, S. H. Culver, Indian Agent, and
Judge Deady, of the U. S. District Court.
On Saturda}-, September 3d, Joe and Sam, the principal chiefs, and Mary, the wife of
Jim, came to headquarters to hold a talk with General Lane, in which the preliminaries of
the treat}- were concluded. There were present at the council. Major Alvord, Captain
Smith, U. S. Army, Colonel John E. Ross, Captain Mosher, Captains Miller, Goodall,
Rhodes, Martin and Applegate. On the next day, Sunday, General Lane, accompanied
b}' Captain Smith and his company of dragoons, with the part}' recently arrived, visited
Joe's camp, some six miles distant, for the purpose of concluding the treaty ; but, as all
the warriors were not yet assembled, three days more were allowed ; and Chief Joe was
informed that, if at that time he was not ready to treat, hostilities would recommence.
On the 9th, Lieutenant Kautz, with the howitzer, arrived in camp, as well as Captain
Nesmith, whose influence was quite as effective as the " big gun." On the morning of the
loth, the parties met according to the previous agreement, which was that only ten
unarmed Whites should be present. The Indian chiefs were to be there, with their arms
and their warriors within convenient distance to support them, while Captain Smith's
company of dragoons should remain at the foot of the hill nearly half a mile away.
Captain Nesmith, who of course was invited, not only from his rank, but as an interpreter,
objected to trusting himself to the treachery of the savages, as did many of the others;
but they went all the same. This incident has been so vividly described by Captain
Nesmith, in a communication to the Oregon pioneers at their reunion in 1879, as to be
worthy of being reproduced here :
" Early in the morning of the lotli of vSeptember, 1853, we mounted our honses and
set out for the Indian encampment. Our party consisted of the following named persons:
General Jos. Lane, Joel Palmer, Superintendent of Indian Affairs, Saml. H. Culver,
Indian Agent, Captain A. J. Smith, First Dragoons, Captain L. F. Mosher, Adjutant,
Colonel John E. Ross, Captain J. W. Nesmith, Lieutenant A. Y. Kautz, R. B. Metcalf,
J. D. Mason, T. T. Tierney. After riding a couple of miles across the level valley, we
came to the foot of the mountain, where it was too steep for horses to ascend. We
dismounted and hitched our horses, and scrambled up for half a mile over huge rocks and
THE NEGOTIATORS THREATENED WITH BASE MfRDER. 419
through brush, when we found ourselves in the Indian stronghold, just under the
perpendicular cliff of Table Rock, surrounded by seven hundred fierce and hostile
savages, arrayed in all their gorgeous warpaint and feathers.
"Captain Smith had drawn out his company of dragoons, and left them in line on
the plain below. It was a bright, beautiful morning; and the Rogue river valley lay like
a panorama at our feet. The exact line of dragoons, sitting statue-like upon their horses,
with their white belts and burnished scabbards and carbines, looked like they were engraven
upon a picture ; while a few paces in our rear the huge, perpendicular wall of Table Rock
towered frowningly many hundred feet above us.
" The business of the treaty commenced at once. Long speeches were made by
General Lane and Superintendent Palmer, which had to be translated twice. When an
Indian spoke the Rogue river tongue, it was translated by an Indian interpreter into
Chinook, or jargon, to me, when I translated it into English. When Lane or Palmer
spoke, the process was reversed, I giving the speech to the interpreter in Chinook and he
translating it to the Indians in their own tongue. This double translation of long
speeches made the labor tedious ; and it was not until late in the afternoon that the treaty
was completed and signed.
" In the meantime, an episode occurred which came near terminating the treaty, as
well as the representation of one of the ' high contracting ' parties, in a sudden and tragic
manner. About the middle of the afternoon, a young Indian came running into camp
stark naked, with the perspiration streaming from every pore. He made a brief harangue
and threw himself upon the ground apparantly exhausted. His speech had created a
great tumult among his tribe. General Lane told me to enquire of the Indian interpreter
the cause of the commotion. The Indian responded that a company of white men down
on Applegate creek, under the command of Captain Owens, had that morning captured an
Indian known as Jim Taylor, tied him to a tree and shot him to death. The hubbub and
confusion among the Indians at once became intense, and murder glared from each savage
visage. The Indian interpreter told me that the Indians were threatening to tie us up to
trees and serve us as Owens' men had served Jim Taylor. I saw some Indians gathering
up lasso ropes, while others drew the skin covers from their guns and the wiping sticks
from the muzzles. There appeared to be a strong probability of our part}^ being subjected
to a sudden volley. I explained as briefly as I could what the interpreter had communicated
to me ; and, in order to keep our people from huddling together and thus make a better
target for the savages, I used a few English words not likely to be understood by the
Indian interpreter, such as 'disperse' and 'segregate.' In fact, we kept so close to the
savages and separated from one another, that any general firing must have been nearly as
fatal to the Indians as to the Whites. While I admit I thought ni}^ time had come, and
hurriedl}' thought of wife and children, I noticed nothing but coolness among m\'
companions. General Lane sat upon a log with his arm bandaged in a sling, the lines
about his mouth rigidl}- compressing his lips, while his eyes flashed fire. He asked brief
questions and gave me sententious answers to what little the Indians said to us. Captain
A. J. Smith, who was prematurel}' gray-haired, and was affected with a nervous snapping of
the eyes, leaned upon his cavalry saber and looked anxiously down upon his well-formed line
of dragoons in the valley below. His eyes snapped more vigorously than usual, while
muttered words escaped from under the old dragoon's white mustache that did not sound
like prayers. His sqiiadron looked beautiful, but alas ! they could reuder us no service.
I sat down on a log close to old Chief Joe, and having a sharp hunting knife under m}^
420 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
undershirt, kept one hand near its handle, determined that there would be one Indian
made ' good ' about the time the firing commenced.
" In a few moments. General Lane stood up and commenced to speak slowl}', but very
distinctly. He said : ' Owens, who has violated the armistice and has killed Jim Taylor,
is a bad man. He is not one of aiy soldiers. When I catch him he shall be pnnished.
I promised in good faith to come into your camp with ten other unarmed men to secure
peace. Myself and men are placed in your power. I do not believe that you are such
cowardly dogs as to take advantage of our unarmed condition. I know that 3'ou have the
power to murder us, and can do so as quickly as you please ; but what good will our blood
do you? Our murder will exasperate our friends, and your tribe will be hunted from the
face of the earth. Let us proceed with the treaty, and, in place of war, have a lasting
peace.' IMuch more was said in this strain by the General, all rather defiant, but nothing
of a begging character. The excitement gradually subsided after Lane had promised to
give a fair compensation for thedefunct Jim Ta3dor, in shirts and blankets.
"The treat}- of the loth of September, 1853, was completed and signed, and peace
restored for the next two years. Our party wended their way among the rocks down to
where our horses were tied, and mounted. Old A. J. Smith galloped up to his squadron
and gave a brief order. The bugle sounded a note or two, and the squadron wheeled and
trolled off to camp. As General Lane and part}- rode back across the valley, we looked
up and saw the rays of the setting sun gilding the summit of Table Rock. I drew a
long breath and remarked to the old general that the next time he wanted to go unarmed
into a hostile camp, he must hunt up some one besides myself to act as an interpreter.
With a benignant smile he responded, ' God bless you, luck is better than science.' I
never hear the fate of General Canby, at the Modoc camp, referred to, that I do not think
of our narrow escape of a similar fate at Table Rock."
By the treaty of the loth of September, the Rogue river Indians ceded to the
United States a large amount of territory to which they had no title, and over which they
had no control, except the right of the robber to collect toll from the passing immigrants.
The cession was bounded as follows : " Commencing on the south side of Rogue river,
one mile below the mouth of Applegate creek, thence southerl}' to the highlands dividing
the waters of Applegate and Althouse creeks, thence along said highlands to the summit
of the Siskij'ou Mountains, thence easterly to Pilot Rock, thence northeasterly to the
summit of the Cascade Range of mountains to Pitt's Peak, continuing northeasterly to
Rogue river, thence westerly to the headwaters of Jump-off-Joe creek, thence down
said creek to the intersection of the same with a line due north from the place of
beginning, thence to the place of beginning." The consideration for this grant was
sixty thousand dollars, from which was to be deducted the sum of fifteen thousand dollars
for damages to the settlers, according to the preliminary treaty made by General Lane
on the 3d of vSeptember. The balance due the Indians was to be paid on the installment
plan, in blankets, agricultural implements, clothing and such other goods as might be
deemed proper by the Indian agent, which an old mountaineer described as " chips and
whetstones." It was further agreed that the treaty Indians should be allowed to occupy
temporarily, as a reserve, the land bounded as follows : " Commencing at the mouth of
Evans creek on the north side of Rogue river, thence up said creek to the upper end
of a small prairie bearing in a northwesterlj'- direction from Upper Table Rock, thence
through the gap to the south side of the cliff of said mountain, thence in a line to
Rogue river, striking the southern base of Lower Table Rock, thence dow'U said river
^^<,^
\ «
- 1 \ '
-•««>^ -- •'■'>■
HON. DAVID SHELTON,
SHELTON, W.T.
CONDUCT OF THE TREATY INDIANS. 421
to the place of beginning." It was also agreed that the peace thus made should not be
violated by the misconduct of individuals of either party, but that any violations of the
treaty should be referred to the Indian agent for settlement ; that all Indians guilty of
any offense should be delivered by the chiefs to the civil authorities for pifnishraent;
that the chiefs would guarantee a safe conduct to any white person desiring to cross the
temporary reservation. They also surrendered all their guns, except fourteen riiles and
ammunition for hunting purposes.
The armistice which followed the negotiations for peace, while generally respected,
was on several occasions violated by irresponsible Whites and renegade Indians, but
chiefly by the latter. On the 4th of September, a house was burnt within one mile and
a half of Jacksonville, with ten tons of hay and oats. Several houses were burned on
Applegate creek ; and in that vicinity a Spanish pack train was attacked, three of the
muleteers wounded and two of the mules with their cargoes captured. Dan Raymond's
house on Cow creek was burned, and all his property destroyed. On the 5th of
September, Captain Owens made a treacherous raid upon a party of Taylor's band of
Indians at Grave creek, which came near producing a catastrophe at the making of the
treat}'. During the armistice, an attempt was made to prevent the consummation of the
treaty by those who advocated the total extermination of the Indians. It is needless to
say that those who advocated this course had not met the Indians on the battlefield. On
September Stli, General Lane issued an order to Captains Terry and Owens to proceed at
once to the ranch recentl}' burned by the Indians, follow their band till they found them,
and bring them to battle. Failing to obe}' this order, these valiant Indian exterminators
were immediatel}' discharged from the service, and were heard of no more. The other
companies of the command were honorabl}' discharged, with a high compliment to their
bravery and good conduct.
Captain John F. Miller, however, was ordered with forty men of his compain- to
proceed without delay to the Southern Oregon trail for the purpose of protecting the
incoming immigration. He was given unlimited discretion in the treatment of the
Indians. This service Captain Miller performed with credit to himself and the soldiers
under his command. The immigration was large, and well-provided with cattle, horses
and mules ; but their oxen were poor, they were short of provisions, and the Indians were
hostile and very bold. Captain Miller saw their signal fires along the whole route, and
made several unsuccessful raids upon them ; but they fled at the approach of the troops.
On September 29th, he surprised a camp of Modocs at Bloody Point, killing one and
wounding several others. He made his headquarters at this place, and sent First
Lieutenant Abel George, with twenty men, along the trail to the east. Lieutenant
George proceeded to the foot of the Sierra Nevada iMountains where, on the third of
October, he met a train of immigrants be3'ond Deep canon, one hundred miles east of
Bloody Point, whose train he guarded, as the members of it were completely worn out.
Just before daylight in the morning they were attacked by the Indians, who were trying
to steal the stock of the train. The Indians were repulsed with the loss of two killed and
many others wounded, while the Whites had two wounded, Joseph Wate, of Missouri,
shot in the side of the head by an arrow, and private Wm. Duke, shot through the breast
and arm by a bullet. The immigration came through with comparatively little loss and
suffering, but this, judged bj'^ the present standard, was such as could never have been
endured by men and women in their station in life. A portion of the new settlers went
422 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
to California, but a large part of them settled in the Rogue river valley, where they and
their descendants have built up one of the most prosperous and intelligent communities
in the state.
After the treaty was made, there was still one element of danger that threatened the
much-desired peace. Chief Tipsu, who claimed to own the upper end of Rogue river
valley, well known to be a dangerous and treacherous enemy, had not joined in the treaty,
and gave out that he would not be bound by its provisions. General Lane, before his
return to his home in October, wishing to leave nothing undone to secure peace to the
valley, went to Tipsu's camp accompanied onl}' by R. B. Metcalfe and James Bruce, and
made an agreement with him by which the rights of the settlers should be respected.
This was an extremel}' dangerous venture; and no one but General Lane could have
returned uninjured from such an interview.
The treaty Indians were located upon the Table Rock reservation, while on the south
side of the river Captain A. J. Smith with his dragoons erected a two-company military
post built with logs, within easy reach of the reservation, which was properly named Fort
Lane. S. H. Culver, who was appointed agent of the Southern Indians, made his
headquarters at the fort. This post was abandoned after the removal of the Indians in
1S56, and has long since fallen to decay; but it has the distinction of being the school in
which many prominent soldiers had their first experience in warfare after leaving the
acadgmy at West Point. Among them were General George Crook, General H. B. Gibson,
General N. B. Sweitzer, General John B. Hood, of the Confederate ami}', and several others
of lesser fame; but the pride of the post was Dr. Charles H. Crane, late Surgeon-General
U. S. Army, who, although a non-combatant, proved himself as gallant a soldier as the best
of them.
Congress at the solicitation of General Lane, who was the delegate from Oregon, paid
the expenses of the war and assumed the payment of the loss suffered by the settlers,
which was to be computed by a commission. The commission when organized consisted
of Hon. L. F. Grover, A. C. Gibbs and George H. Ambrose. The award of the
commission, after a full examination, was about forty-six thousand dollars, of which only
about thirty-three per cent was ever paid.
The business of Jackson county, although very much impeded b}- Indian hostilities,
went steadily forward. The first term of the district court was held in Jacksonville, ou
the 5th of September, by Judge M. P. Deady. Several civil cases were tried, and some
indictments found by the grand jury, which under the circumstances could not be tried at
that term. The court sat only a few days; and all the accessories were of a ver}' primitive
character. Before the war broke out, the settlers on the farming lands had sown
considerable wheat, the 3aeld of which was so extravagantly large that the newcomers
could scarcely realize it. In 1852, Dugan & Co. established an express from the
Willamette to the Sacramento valley, which proved very valuable propert}', as there was
no mail communication at that time. The headquarters were at Jacksonville. Late in
the year the business was transferred to Cram, Rogers & Co. and was finally absorbed by
Wells, Fargo & Co. The express business was then in its infanc3\ In the earl}- part of
ICS53, the miners did remarkably well. Water was plentiful, and the mines recently
opened proved extravagantly rich. The business of the merchants rapidh' increased,
so that the business of the express comjjany became a very important matter. It seems
almost incredible at this time to say that all this treasure was during the most
dangerous portion of the year carried daily between Yreka and Jacksonville upon
IXIJIAX MURDERERS HAXcil'D. 423
horseback, with relays at convenient stations, by two young men, who, when they left their
several offices, in addition to the treasure, took their lives in their hands. The}' were
fortunate then and have been ever since. One of them was Stephen D. Brastow, of Wells,
Fargo & Co., and the other C. C. Beekman, the banker of Jacksonville, Oregon.
During this year. Major Alvord, U. S. Army, made a reconnoisance, in order to
determine the line of the militar}- road from Myrtle creek to Rogue river. Assisted by
Jesse Applegate, he examined these different routes, one east of the Umpqua canon, one
following Cow creek and the canon itself. The route through the I'mpqua caiion was
finalh' adopted ; and the contract for building the road was let to Jesse Roberts for the
distance through the Umpqua caiion, and to Lindsay Applegate for the portion through
the Grave creek hills. The road was to be completed by June, 1854; and the work was
duh' performed with the money available from the appropriation by Congress, — fifteen
thousand dollars.
The first term of the district court for the county of Douglas was held at Winchester,
on the 19th of September, 185^, Judge M. P. Deady presiding. L. F. Grover, Esq.,
appeared as United States district attorney and S. F. Chadwick, Esq., prosecuting attorney
pro toil. There were eight civil cases on the calendar, and the grand jury found two bills
of indictment ; but, as none of the cases were read}' for trial, the term of the court lasted
but three days. During the fall of this year, ten wagons, loaded with immigrants, who
had made the overland trip by the southern route, came through the canon ; and their
owners made their homes in the Umpqua valley. As an evidence of the increasing
prosperity of Douglas county, it may be stated that in the fall of 1S53, in addition to
other stock, a band of one thousand head of mutton sheep was driven to the mines of
Southern Oregon.
After the execution of the treat}- with the Rogue river Indians at Table Rock, the
settlers of Jackson county relied upon peace being maintained, although, as has been
related, there had been se\eral violations of the armistice previous thereto. They were
consequently much alarmed to hear that on the night of the 7th of October, about
10 o'clock, James Kyle, a merchant of Jacksonville and a partner of Wills, who was
murdered near Jacksonville at the commencement of the war, had been shot by two
Indians, who were traced to the reservation. Captain Smith, in command of Fort Lane,
and Mr. Culver, the Indian agent, took prompt measures to secure the delivery of the
murderers. This was a difficult matter, as one of them was a relative of Chief Joe, and
both were popular with the young Indians of the reservation. The object was finally
accomplished; and the two, George and Tom, were given up on the i2tli of October, as well
as Indian Thompson, the murderer of Edwards. They were tried at Jacksonville by Judge
McFaddeu, at the February term, 1854, of the district court, found guilty, and hanged a
few days after. Mr. Kyle died on the 13th of October. The surrender of these Indians
did much to restore confidence in the good faith of the Rogue river chiefs.
The Indians living on the Illinois river owed their allegiance to Chief John. Although
desperate fighters, they were intimidated by the large number of miners then in that
section of the country, did not join in the war, and took no part in the treaty ; but
they amused themselves by stealing stock and whatever else they could safely get away
with. About the 12th of September, 1853, they attacked two miners, Tedford and
Rouse, several miles below Deer creek bar. Rouse was cut in the face, and Tedford
was shot in the left arm, shattering the bone. The miners were alone at the time, but
were speedily found by the neighboring miners and taken to a place of safety. Tedlord
424 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
died within a week. About the middle of October, Alex. Watts aud a number of others
mining at the mouth of Deer creek, which is a branch of Illinois river, having lost over
twenty horses and mules, demanded them from this baud of Indians. The Indians
replied that the stock had stra3'ed down the Illinois river and that they could come and
get them. Accordingl}^ Watts and some twelve men started down the Indian trail to
recover them. Arriving at a small prairie where they were grazing, they commenced
herding the stock, when they discovered that the Indians were attempting to cut off
their retreat. They immediately charged through them and reached the trail in safet}',
Alex. Watts being shot in the leg. A few da3^s after, Mr. Culver, the Indian Agent,
having been informed of the difficult}-, left Fort Lane with a detachment of dragoons
under Lieutenant Radford, to punish the Indians and recover the stock. Upon arriving
upon the ground, it was found that more force and provisions were necessary. In
response to his request, Lieutenant Castor arrived with a reinforcement. The further
account of the movement is taken from the official report of the Indian agent : " On
the 23d of October we started into the mountains, and on the 24th, at noon, we came
to where my guides wanted us to stop, that the}- might explore a little. These two Indian
guides belonged to Chief Joe's people. In a short time, the guides returned and said
they were satisfied the Indians were below on the creek. Lieutenant Radford left a guard
with the horses and went down the mountain with the command on foot. The guides
took us down so as not to be observed. The men jumped into the water, were across
the river and upon them so quickly that they were completely surprised. The Indians
made three different stands, though they were short. After the word ' forward ' was given
the dragoons never stopped, but rushed upon them and chased them until they reached
the mountains. From eight to fifteen Indians were killed. It was impossible to tell
how many, because the Indians carried off all the killed and wounded the}- could. There
were twenty soldiers in the fight, and we had two men wounded. Just after we had
commenced our return, we were fired upon from the bushes. Sergeant Day was killed
and private King wounded."
The command returned to Fort Lane in safety. A few weeks after this attack, the
miners about the mouth of Deer creek, under the command of Mike Bushe}', made another
attempt to recover the stolen propert}'. The part}' was composed of thirty miners, who
proceeded by the trail to the Indian rancheria. Upon their arrival, the Indians were very
hostile, and in one engagement William Hunter was shot three times with bullets, but
finally escaped without serious injury. Captain Bushey and Alex. Watts, however, finally
succeeded in patching up a peace which was fairly observed until 1855.
The coast section of Oregon south of the LTmpqua river was rapidly developed during
the year 1853, of which little was known in the interior for the reason that all
communication which the settlers of the coast had with the outside world was by sea
directly with San Francisco, from which port they received all their supplies. The new
settlements were therefore more colonies of California than an integral portion of the
territory of Oregon. The military post at Port Orford was of little advantage towards the
settlement of the country; but the discovery of gold mines near that place in the summer
of 1853 secured a rush of miners, and brought the locality into prominent notice. The
first news of this discovery was obtained through a San Francisco newspaper, which stated
that about fifty miners were making from seventy to seventy-five dollars per day to the
hand near Port Orford. The mines were on the beach, and extended nearly thirty miles
above and below Port Orford.
f%
ALANSON MINMAN,
FOREST GROVE.OR.
DISCOVERY OF GOLD. 425
Similiir deposits were found above and below the mouth of Rogue river, wliich was
properly named Gold Beach. About the same time, two half-breed Indians discovered the
placers at the mouth of Whiskey Run, a small creek which empties into the ocean about
five miles north of the Coquille river. After working them a short time, they sold them
to the Macuamara brothers, it is said, for twenty thousand dollars. It was estimated that
more than one hundred thousand dollars was taken from this one claim. The rumor of
these rich miues having got abroad, thousands of miners flocked to them, and began
prospecting along the coast from Trinidad in California to the Umpqua river. Along the
beach near Whiskey Run, not less than a thousand men were congregated. A town
sprang up at once, containing stores, lodging houses, saloons, restaurants, tents and cabins
in large numbers, which was named Randolph. The beach mining during this season
was very profitable, but as soon as the season of high tides, which accompany the rainy
season, set in, the work had to stop.
While the gold-mining excitement was at its height, another movement was being
made much more quietly, but which proved to be of incalculable value to the people of the
coast, and the source of their present prosperity. Perry G. Marple, who was an enthusiast,
had been a preacher, and what, in our present vernacular, would be designated as a
" crank," conceived the idea of exploring the mouth of Coos river, and establishing a
colon}' there. At that time, the merchants, miners and settlers of Jackson count}- were
anxious to find a seaport through which they could receive their supplies at a less expense
than by the way of Scottsburg or Portland. Marple, in carrying his idea into execution,
took a party, in the winter of 1S52, to the mouth of the Umpqua, and, having procured
two Indian guides, followed the coast until they arrived on Coos Bay, where Empire City
now stands. Having ascertained that the entrance to the harbor was practicable, that the
timber was of a fine quality, almost inexhaustible, and that coal was to be found, he
returned to Jackson county to organize a colony. In this he was successful. The original
members of the Coos Bay Company were : Rolin S. Belknap, James C. Tolman, Elizabeth
E. Tolman, Mary Tolman, Freedman G. Lockhart, Esther M. Lockhart, Ella Lockhart,
Lillias M. Lockhart, Vestal W. Coffin, Esther J. Coffin, Emma Coffin, Vestal W. Coffin,
Jr., Solomon Bowermaster, Jos. H. McVay, James A. J. McVay, Wni. H. Harris, Chas.
W. Johnson, Wm. H. Jackson, Perry G. Marple, Andrew B. Overbeck, A. P. de Cuis,
Charles Pearcey, Matthias M. Learn, Curtis Noble, Henry A. Stark, Chas. H. Haskill,
David Rohrer, Jesse Roberts and Sigismund Ettinger. Perry G. Marple was President,
and James C. Tolman, Secretary. The pioneers of the company came to the Umpqua
valley, and found a convenient trail by the way of Looking Glass and Camas valley to the
middle fork of the Coquille, thence to the ocean. From the mouth of the Coquille, they
proceeded up the beach to Coos Bay. W. H. Harris took his Donation claim on the south
side of the bay, about five miles from the bar, the site of Empire City. Lockhart took a
claim at North Bend, Curtis Noble the Coos City claim, J. C. Tolman the Marshfield
site ; and the others took the most available claims in the vicinity.
The company, as originally formed, was on the Fourier system of a community of
interest. In December, 1S53, the company, by their president and secretary, sent to
General Lane a draft of a bill which they wished Congress to pass. The fourth section
directed the Surveyor-General of Oregon to survey all the claims then taken, nineteen in
number, giving the names of the claimants, and issue the certificates for patents to the
Coos Bay Company. The bill further provided for a division of stock and dividends, the
duration to be twenty years. It is needless to say that the bill was never presented. The
426 HISTORY OK PACIFIC NORTHWEST — OREGOX AND WASHINGTON.
settlers heM their Donation claims as all otlier citizens of Oregon, and laid the foundation
of one of the most prosperous communities in Southern Oregon.
Induced thereto by the rapid settlement of the country, the legislature of 1853-54,
on December aad, passed an act creating the county of Coos, and defining its boundaries
as: "Beginning at a point on the ocean eight miles south of the Umpqua river; thence
southeast to the dividing ridge between the waters of the Umpqua, and Coos and Coquille
rivers ; thence along the summit of the divide to the southwest corner of Douglas countj'^;
thence south to the source of the south fork of the Coquille ; thence south to the
forty-second parallel ; thence west to the Pacific Ocean ; thence north to the place of
beginning."
The first vessel that entered Coos Bay was a small schooner bound for the Umpqua,
which entered there by mistake in 1852, and remained several weeks, hunting for the
settlements and terrified by the Indians, until P. Flanagan and Pilot Smith, learning their
condition from the Indians at the Umpqua, piloted them out, and into their destination.
The first vessel to bring a cargo to the bay was the Cynosure^ a sailing vessel, commanded
by Captain Whippy, which arrived in 1S53, soon after the opening of the Randolph mines.
The commerce and development of this section will be fully shown later.
Chapter XLVI.
(1854-)
Mild Weather and Pi-osperous Times — A New Territory Projected — Conventions
Held — The 'Oregon Legfislatiire — How Koseburg Became the County Seat —
Millinf? Industries — Gold on the Seashore — The First Coal from Coos Bay —
Disastrous Navigation — First Newspaper in Southern Oregon — First Term of
Court at Empire City — Protection of Immigrants — Captain Walker's Volunteer
Company — Serious Engagement with the Indians — Repulsed by the Savages —
Patriotism of the Volunteers.
'"P^HIvS year was one of universal prosperity and progress in Southern Oregon. The
JL winter of 1853-54 was very mild, the farmers were enabled to keep their plows
running during the whole winter, the mining interests were prospering, all fear of Indian
difficulties was allayed, and the rapid development of the country seemed assured. In the
fall of 1853, Judge M. P. Deady, who had been assigned to the southern district, was, by
a singular mistake, removed, and O. B. McFadden, of Penns^dvania, appointed in his
stead. This change was very distasteful to the people of the district, who, without
distinction of party, united in a vigorous protest against it. Judge Deady was, however,
reinstated in January, 1S54, and McFadden appointed District Judge of Washington
Territor}-.
In the earl}' part of the year 1854, a vigorous movement was made in Southern Oregon
and Northern California for the creation of a new territory, to contain that portion of Oregon
south of the Calapooia Mountains, and all that portion of California north of Redding
Springs. The matter had been much discussed ; but the first call for a convention was
issued by the Mountain Herald^ of Yreka, California, on December 30, 1853. In pursuance
of that call, a large number of the citizens of Jackson county convened at the Robinson
House, in Jacksonville, on Januar}- 7, 1854, to consider the propriety of, and to devise
means for, organizing the new territory. Sam Culver was chosen President, and T.
McPatton, Secretar}-. A committee of five was appointed to draft a memorial to the
Legislative Assembly of Oregon, and to select ten delegates to the general convention to
be held in Jacksonville, Oregon, on Januar}' 25, 1854. The committee on memorial
consisted of Dr. Jesse Robinson, W. W. Fowler, L. F. Mosher, T. McF. Patton and S. C.
Graves. The committee reported a memorial, which was unanimousl}' adopted. A full
delegation was selected for the general convention. This convention assembled at the
Robinson House, in Jacksonville, Oregon, on January 25, 1854. The delegates present
were : From Siskij^ou county, California, Elyah Steele, C. N. Thoruburg, E. J. Carter,
H. G. Farris, E. Moore, O. Wheelock and J. Darrough ; from Jackson county, Oregon,
L. F. Mosher, Richard Dugan, John E. Ross, C. Sims, T. McF. Patton, Saml. Culver,
D. M. Kenue}', Chas. S. Drew, Martin Angell and Jesse Robinson ; from Coos count)',
( 427 )
428 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Oregon, S. Ettinger and Anthony Lettleys ; from Umpqua county, Oregon, George L.
Snelling. Connnittees were appointed to memorialize Congress, the Legislature of the
State of California and the Legislative Assembly of Oregon, after which the convention
adjourned to meet at Jacksonville on the 17th of April following. The delegate to
Congress from Oregon, General Lane, was opposed to the project ; but the chief cause of
its failure was that a large majority of the people of California, and all their representatives
in Congress, were violently opposed to it.
The Legislative Assembly of the territory of Oregon, at its session in 1S53-54,
seemed to be very much alive to its interests. A bill was passed submitting the question
of the formation of a state constitution to a vote of the people, which was defeated. They
also passed an act incorporating a railroad compan\' to build a railroad from Portland to
the California line, by the wa}- of the west side of the Willamette river; but, unfortunately,
this project did not materialize. Among their local acts was one submitting to the voters
of Douglas count}' the selection of the county seat. There was much excitement created
on this subject. Aaron Rose, who held a Donation claim at the mouth of Deer creek,
offered three acres of land and a contribution of one thousand dollars towards the erection
of the courthouse, whereby he secured the prize, the vote for Deer creek being 265, for
Winchester ninety, and for Looking Glass twenty-five. A townsite was laid out and named
Roseburg, which is now one of the most thriving cities in Southern Oregon. The raising
of wheat led, of course, to the erection of flouring mills; and we find, in 1S54, five of them
in Southern Oregon, one at Oakland, one at Winchester, one at Deer creek and two on
Bear creek, in Jackson county.
The increased business of the country demanded additional mail facilities, which the
general government granted in a very niggardly manner; but the United States postal agent,
J. C. Avery, managed so to change the schedules as to shorten the time from Portland to
Yreka seventeen days. During the 3'ear a good wagon road was constructed from
Scottsburg to the Oregon and California road. Congress having made an additional
appropriation of twenty thousand dollars for the completion of the military road from
Scottsburg to Rogue river. Lieutenant Withers, U. S. Ami}', who was detailed to resume
the surve}' and construction of the same and charged with the expenditure of the moue}',
arrived at the scene of his labors in October, 1854.
The brilliant prospects offered by the beach mines of Coos Bay in 1853, and which
attracted so large an immigration, were not fulfilled in 1854. The gteat sea that had
deposited untold wealth upon its shores in the previous season, with its usual capriciousness
removed it all in the following winter. The spring found both mines and merchants
bankrupt. The merchants mostly returned to Scottsburg; but a few far-seeing men,
among whom were Rogers & Flanagan, Northrup & Lymonds and James Aiken, remained,
satisfied that the coal and lumber of this region offered sufficient inducements to remain
and await developments. The first cargo of coal was mined from a drift in the Boatman
Donation claim. It was transported in wagons a mile and a half to Coal Bank slough,
and transferred in scows to Empire City. This cargo was shipped in the Chansey'va. 1854;
and both vessel and cargo were lost on the Coos Bay bar. Another cargo was shipped
shortl}' afterwards, procured from the same source. At that time the price of coal in San
Francisco was fort}' dollars per ton ; and freight from Coos Bay was paid at the rate of
thirteen dollars per ton.
About March 15, 1854, the brig Frances Helen\di\.\h'^\TXQVi\h.oi the Umpqua for Coos
Bay, expecting to make the trip in a few hours. After having crossed out, she had to put
M13 J. B.Mc CLANE.
J. BMC CLANE,
INDIAN AG't. GRAND RONDE RESERVATION.
OREGON.
SERIOUS ENGAGEMENT WITH THE INDIANS. 429
to sea on account of heavy weather, and did not cross the Coos Ba^- bar until the 27th,
and after crossing went ashore on the north spit, where she remained in a perilous position
for three days, but was finally got off by the exertions of her master. Captain Leeds, and
. safely moored in the harbor. The brig had on board ninety tons of freight from
Scottsburg.
In April, 1S54, the first newspaper of Southern Oregon was published by D. J. Lyon
at Scottsburg, William J. Beggs being the printer. It was styled the Umpqua Gazette,
and was edited with more than average ability. Judge Deady held the first term of the
district court in Coos county at Empire city on October 2, 1854.
The remaining incidents of 1854 are connected with the expedition of Captain Jesse
Walker to assist the incoming immigration b\- the southern route in that year. On July 1 7,
1854, Governor Davis of Oregon, at the request of the citizens of Jackson county, issued
an order authorizing John E. Ross, as colonel of the militia, to call into service a company
of volunteers for that purpose, if he should deem it necessar_y. The governor also
directed a communication to General Wool, commanding the Department of the Pacific,
requesting his attention to our Indian relations in that direction. General Wool, although
deeply impressed with the necessity of such an expedition, had no force of regular troops
which could be spared for such service. Colonel Ross, who by his former experience was
fully aware of the necessity of such protection, on the third day of August issued a call
for a company of volunteers, to serve for the term of three months. The company,
consisting of seventy-one men rank and file, was promptly- enlisted. The officers were
Captain Jesse Walker, Lieutenant C. Westfeldt and Isaac Miller, Sergeants William G.
Hill, R. E. Miller and Andrew J. Long. The instructions of Colonel Ross to Captain
Walker were to proceed at once to some suitable point near Clear Lake, in the vicinity of
Bloody Point, and protect the trains. The treatment of the Indians was left to the
discretion of Captain Walker, but concluded with the following terms: " If possible,
cultivate their friendship ; but, if necessary for the safety of the lives and property of the
immigration, whip and drive them from the road."
About the same time that the compau}' of Captain Walker left Jacksonville, a party
of experienced mountaineers, fifteen in number, left Yreka with the same object. The
Yreka company struck the Indians on the north side of Tule Lake, and were met with a
shower of arrows. Their force being insufficient to withstand the charge, they fell back
to await the arrival of the Oregon compau}-. When Captain Walker arrived, he sent
forty men of his company, with five Californians, to attack the Indian village, which was
situated in the marsh three hundred }-ards from where the attack had been made. The
Indians fled, the village was destroyed, and all the men returned to camp at the mouth of
Lost river. The headquarters of both companies was established at Clear Lake. Captain
Walker, from this point, sent a detachment of his company under Lieutenant Westfeldt
eastward on the trail, to meet the coming immigration; and a number of the California
company joined this command. Lieutenant Westfeldt went as far east ^s the Big Bend
of the Humboldt, collecting the scattered wagons into trains, and supplying them with
escorts to the headquarters at Clear Lake. Owing to these precautions, the immigrants
arrived with few accidents, except the stealing of their stock b}- the Indians.
On the third of October, Captain Walker determined to punish these thieves, and
with sixteen men started north in pursuit of them. North of Goose Lake, he met a band,
of Indians which he followed the whole day. On the next he came upon them, and found
them fortified upon the top of a huge rock, which he named Warner's Rock in
430 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
remembrance of Captain Warner, who was killed there in 1849. He immediatel}' charged
their stronghold, but was repulsed with the loss of one man, John Low, wounded.
Returning to Goose Lake, the compan}^ met and killed two Indians. The captain again
set out with twenty-five men, and, by traveling in the night, succeeded in reaching
Warner's Rock without being discovered by the Indians, who had retired from the rock
and were encamped on the bank of a creek. The company formed a semi-circle around
the camp, and at daybreak commenced firing. The Indians being completely surprised
took to the brush; but man}' were killed. The only white man injured was Sergeant
William G. Hill, who was severely wounded in the arm and face by the accidental discharge
of a gun in the hands of one of his comrades. Returning to Goose Lake, the}' were
ordered home, and were mustered out of service at Jacksonville November 6, 1854, having
served ninety-six days. When it is considered that these men volunteered with no hope
of reward beyond the consciousness of the performance of a dut}-, it will not be denied that
the}' deserved well of their country.
Chapter XLVII.
(1855-)
Promised Prosperity Brings Iiulian Wars to Southern Oregon — New Land District
— Hon. L. F. Moslier Appointed Kegister ; George W. Lawson, Receiver —
Indian Depredations — The Savages Pnrsned : They Retreat to the Reservation
— Otlier Savage Mnrders — Volunteers Organize and Take the FieUl — Sii(;cessJiil
Opei'ations — Conduct of the Whites — A Darlv and Memorable Day — The
Savages Inaugurate a General War to Exterminate tlie Pioneers of the Pacific
Northwest — Numerous Murders — Volunteers to the Rescue — United States
Troops Take the Field — Organizations of Settlers for Defense and Protection
— Inhuman and Savage Butchery of Men, Women and Children, Murdered by
the Indians — Governor Curry Calls for Volunteers — Desperate Conflicts — The
Savages Victorious — Reorganization for the War — Plan of Campaign — The
Closing Events of the Year.
'"l^HE settlers of Southern Oregon had every reason to congratulate themselves upon
1 their future prospects at the beginning of the year 1855 The population was
steadily increasing ; the immigrants of previous years had built themselves homes, — most
of them, it is true, of a very primitive character, — made fences and raised bountiful crops;
villages had sprung up all over the country, and also trading posts, where all necessary
supplies could be secured ; money was plenty, owing to the yield of the gold mines ;
schools and churches had been established ; law and order prevailed everywhere ; and the
country began to assume, in a rude form, the character of the states east of the Rocky
Mountains. The land was being survej^ed, upon the plats of which surveys every
original Donation claim was marked out, thus preventing any future controvers}' in
regard to land titles. To further the interests of the settlers of Southern Oregon,
Congress, on the 17th of Februarj-, 1855, passed an act creating a new land district
south of the fourth standard parallel, which was near the line of the Calapooia
Mountains, to be called the Unipqua District. The act was not to take effect until
three months after its passage. The location of the office was fixed b}^ the President
at Winchester, Douglas county. L. F. Mosher was appointed Register, and George W.
Lawson, of Indiana, Receiver. The trade by the way of the mouth of the Umpqua river
was steadil}- increasing. Wagon teams drawn by oxen were to a great extent taking the
place of pack trains, owing to the improvement of the roads, thus reducing the price of
goods in the interior. On Coos Ba}', two coal mines were being opened, one at Newport
by Flanagan & Rogers, the other at Eastport b}- Northrup & Symonds. Two saw-mills
were also erected, one by A. M. Simpson at North Bend, the other by H. H. Luse at
Empire City. The discovery of new beach mines was reported near Port Orford and the
Coquille river. In Jackson county, the mining and agricultural interests were never in a
more prosperous condition. The year which opened so auspiciouslj' was destined to be
closed with one of the most desperate and cruel Indian wars recorded in the annals of the
United States.
( 431 )
432 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The Indians on the Rogue river reservation, under the command of their chiefs, Sam
and Joe, as a general rule, maintained the obligations of the treaty they had entered into
in 1853 ; but many of the young warriors chafed under the restraint, and were willing at
every possible opportunity to join the bands of John, Lirapy, George, Tipsu, and other
chiefs who had not signed the treat}-, in au}- raid of murder and pillage.
Captain A. J. Smith, in command of Fort Lane, and George H. Ambrose, who had
succeeded S. H. Culver as Indian agent, used their best efforts to punish these marauders;
but the small force of regular troops at their command, and the great extent of mountainous
countr}- over \vhich the Indians roamed, made it impossible to effect much. In fact, if
the citizens had not on these occasions united to defend themselves, they could have
accomplished nothing. It is impossible to narrate all the devilment the Indians did
during this period, as there was no newspaper published in Jackson county at that time,
and most of the old pioneers have passed away.
The first one of these raids occurred in May, 1855. A part}^ of Indians belonging to
Limpy's tribe, with some of the Rogue river Indians, went from their camp on Illinois
river across the mountains to Happy Camp, on the Klamath river, where the}' robbed a
number of mining camps. From there they went to Indian creek, where they killed a
miner named Hall. Returning home across the Siskiyou Mountains, they stole some
cattle from Hays' ranch, and retreated to the mountains at the head of Slate creek. The
next da}' Sam Frye, with eight men, left Hays' ranch in pursuit. He came upon them
and killed three. He returned for reinforcements, and found that the Indians had gone to
Deer creek, and upon the way had murdered a man by the name of Philpot and seriously
wounded James Mills. Upon hearing the news, the settlers moved to Yaruell's stockade
for safety ; and a messenger was sent to Fort Lane for assistance. Frye, with twenty
men, was still pursuing the Indians. Upon receiving news of the attack. Captain Smith
ordered Lieutenant Sweitzer, with twelve men, to their relief This detacliment found
the bodies of Jerome Dyer and Daniel IMcCue where they had been murdered on Applegate
creek. Lieutenant Sweitzer and his command, not being able to find the Indians, returned
to Fort Lane ; but Captain Frye pursued them with such vigor that, finding their escape
impossible, they returned to Fort Lane and gave themselves up to Captain Smith, by
whom they were kept in custody, he refusing to give them to the soldiers or to the civil
authorities until after an indictment was found. The court did not meet until December;
and the whole band, fourteen in number, escaped punishment.
The next massacre occurred on Humbug creek, a branch of the Klamath river, on
the night of the 27th of July, 1S55. A party of Indians, mostly of the Klamath tribe,
with two of the Rogue rivers, made a raid upon the miners working on the creek and
Klamath river and killed twelve men in cold blood while asleep, after which they
retreated north across the mountains to the head of Applegate creek. They were
immediately followed by five companies of volunteers hastily gathered, numbering in
all about two hundred men. The Indians, finding themselves pursued in force, sought
refuge upon the Rogue river reservation. The voluiiteers, having traced them to this
point, asked Captain Smith to deliver the criminals up to them, which he refused to do,
but promised to surrender them to the civil authorities of California upon a proper
requisition. Some time after, the two Rogue river Indians engaged in the murders were
given up to the civil authorities at Yreka and were executed, the remainder of the party
being a part of the Indian force whose record will be given later.
■ir
'O
WM. Bl LLINGS,
OLYMPIA.W T
SHERlrr OF THURSTON CO.
INDIAN DEPREDATIONS. 433
About the first of September, a party of Indians, which was no doubt a part of
Tipsu's band, stole a number of horses from Fred Alberding, who lived near the head of
the Rogue river valley. Alberding, securing the assistance of a few of his neighbors,
started out to recover his property. Following their trail, they fell into an ambuscade of
the Indians and were fired upon. Granville Kcene was killed; and Alberding and
J. Q. Faber were wounded. The party was compelled to retire, leaving the bod}' of
Keene vipon the ground. News having been sent to Fort Lane, Captain Smith ordered
Lieutenant Sweitzer and Lieutenant Allston, with thirty-eight men, to the scene of the
murder. They found the remains of Keene mutilated almost beyond recognition. The
Indians, numbering about thirty, they did not find. On the 24th of September, Harrison
B. Oatman and Daniel P. Brittain of Phoenix started an ox-team train to Yreka loaded
Avith flour from the Phoenix mill in Jackson count}', Oregon. With them were Calvin
M. Fields, formerly from Iowa, and John Cunningham, from Sauvies Island, Oregon.
Each one drove an ox team of two yoke ; and the train camped the first night near the
foot of the Siskij-ous. The next day, when near the summit, it became necessar}' to
double teams by reason of the steepness of the ascent. Fields and Cunningham joined
teams. When within three hundred j^ards of the summit, they were fired upon by the
Indians and instautl}' killed. Brittain, who was in charge of the remaining teams,
hearing the firing and ascertaining the cause, fled back to the Mountain House, three
miles distant; and news was at once sent to Fort*Lane for assistance. Oatman, who was
in advance, escaped over the summit ; and a short distance below, on the south side, he
met A. O. Hutchings of Polk county, Oregon, who was returning from Yreka. The two
went back a short distance, when, meeting some men who were ready to accompany' them,
they immediately returned to the scene of the murders. Fields' body was lying in the
road, but that of Cunningham could not be found. The Indians had shot and killed
eighteen head of cattle, and upset the wagon.s. No Indians were found.
Upon the receipt of the news at Fort Lane, Captain Smith at once ordered Major
Fitzgerald, with Lieutenant Allston and thirty-six men, to proceed to the scene and
puni.sh the Indians. Major Fitzgerald lost no time. On his arrival at the Mountain
House, he found a party of twenty-two citizens under the command of Captain Thos.
Smith, ready to follow the Indians, with whom he at once joined forces. On the morning
of the 28th, on the summit of the Siskiyou Mountains, the trail of the Indians was
discovered, which was followed until it reached a branch of the Klamath, where the
Indians appeared to have scattered. Small parties were sent in every direction, and the
trail was discovered. " At daylight the next morning," says Major Fitzgerald in his
ofEcial report, " the command was on the trail, which was pursued until noon, when the
valley became almost a cailon, with very rocky and precipitous sides, and entirely
impracticable for horses. From this point I sent eighteen volunteers, who had
accompanied me and who left their horses at this point, to follow up the Indians until
night, in order that we might ascertain if their position was accessible from any other
direction. They continued in pursuit for ten miles over what they represent to be the
most impracticable country they have ever seen, over the summit of the Siskiyou
Mountains again, and on to the waters of Butte creek, which run into Rogue river. As
the Indians were unapproachable from ni}' position, and as the}- were evidently aware of
our pursuit, and as they were much more accessible from Rogue river valley, I returned
to the post and report these facts. I arrived (at Fort Lane) on the ist instant. I
received much valuable assistance from the volunteers who accompanied me, and from
their commander, Captain Thomas Smith."
434 HISTORY OF PACIFIC XORTHWEST — OREGON AND WASHINGTON.
The settlers, although they had not the advantage of the report of Major Fitzgerald
above alluded to, were sufficiently warned by Captain Smith and his company, and were
well prepared for their appearance on Butte creek. Having learned that the murderous
band were in camp near the mouth of Butte creek seeking a refuge on the reservation, to
the protection of which the}' were certainh- not entitled, the citizens of the valley at once
organized a company to inflict upon them the punishment thej- deserved. Captain Hays
was in command. The company consisted of about forty men. On the evening of the
-th of October, they surrounded their camp, and at da\-break in the morning commenced
the attack which resulted in the killing of most of the warriors. The victory was dearly
gained, with the loss of Major Lupton, who was killed by an arrow from a wounded Indian,
almost in the same manner as Captain Stuart was killed in 1S51. Major Lupton was a
member of the House of Representatives from Jackson county.
Before proceeding to narrate the events which immediatel}- followed the last fight, it
becomes necessar}- to repel some grave charges against the good name and fame of the
people of Southern Oregon. To every citizen of this section, it was plainly evident that
the majority of the Indians had no disposition to abide by the treaty of 1S53, but were
fatally bent on war. This, unfortunately, was not the view that the Indian agents and
the military officers of the United States government took of the situation. They
persistently held that these outrages were committed by the Indians in retaliation for
attacks made b}^ the Whites, with the malicious intention of driving them to desperation,
in order that the Whites might have an excuse for their extermination. The}- accordingly
defended and protected the red-handed murderers of women, children and unarmed men
whenever an opportunity offered. Chief among these slanderers were Joel Palmer,
Superintendent of Indian Affairs in the territor}', and General John E. Wool, commander
of the Department of the Pacific at San Francisco. The newspapers of the northern part
of Oregon, knowing little of the actual state of affairs, reiterated these charges. It was
the year of Know-Nothingism in Oregon ; and, as party politics were at a white heat, it is
not surprising that the statements of the newspapers were made more with reference to
their effect upon the campaign than to their accurac}'. The reports of the ami}- officers
and the Indian agents are efifectiveh- locked up in the Con^o-irs.'^ioiial Record, that nobody
reads ; while the heated discussions of the political campaign have long since been
forgotten. It would not be necessary, therefore, to refer to the charges, had the}- not been
perpetuated by certain publications called histories. One of these is designated as the
" History of the Southern Oregon Counties," published by A. G. Walling at Portland,
Oregon, the other called the " History of Oregon," by H. H. Bancroft, published at Sau
Francisco ( i ) .
A sufficient reply to these charges is contained in the beginning of this chapter. To
the farmers and miners whose labor for a year was dependent upon the preservation of
peace, nothing could be more disastrous than an Indian outbreak. Besides this, the
citizens of all classes, relying upon the peaceful year of 1854 and tlie presence of the
United States troops, were almost entirely unprepared for a serious conflict; while tlie
Indians, taking advantage of their security, were well provided with arm's and ammunition
for a long campaign.
The truth of the matter was, that all the chiefs who had not joined in the treaty of
1853, and some who had, became convinced, by the rapid influx of the white population,
(i) In Baiicrort's Histor>' many statements are made, the antliority of which is given, in a foot-Tiote, to the antobiograpliy of General I,a!je.
M. S, The atithor of these papers is in a position to know that tienera'l Lane never wrote nor dictated an antobiography ; and. further, that all
the statements made on this alleged antliority are absolutely false. MOSUER.
A DARK AND MEMORABLE DAY. 435
that their days were numbered, and that a final struggle was imperative. Chief John,
who was not only a warrior, but a general, was the leader of the movement in the south.
Chief Joe was dead; and Sam, his brother, in charge of the Rogue river Indians on the
reservation, refused to fight; but John enlisted most of his j^oung warriors. He also
engaged the Indians of the Umpqua valley on his side, who had never made any pretense
of ill treatment by the Whites, as well as the Indians on the coast. As this war broke
out almost simultaneously, from the line of British Columbia into Northern California,
the conclusion is irresistible that the conflict was an united effort upon the part of tlie
Indians to prevent any further encroachments on the part of the Whites, and that the
citizens of Southern Oregon had nothing to do with its inception.
The 9th of October, 1S55, was a dark and memorable day in Southern Oregon. On
the morning of that day, the Indian warriors under the command of Chiefs John and
Linipy started on the warpath. Their first act was to murder William Going, a teamster
employed on the reservation, about two o'clock in the morning. They thence proceeded
down the river on the Oregon and California road. Their first attack was upon the camp
of a train loaded with mill irons, near Jewett's Ferry, where they killed a Mr. Hamilton,
who was in charge, and severely wounded his companion, who was shot in four places.
They fired upon Jewett's house, but finding it too well protected proceeded to Evans'
Ferry, which they reached about daybreak. Here they shot Isaac Shelton, from the
Willamette, bound for Yreka, who died after lingering twenty hours. A short distance
from Evans' they met and killed a drover with beef cattle. They next reached the house
of Mr. Jones, who was shot dead in his yard. Mrs. Jones was shot through the body.
She ran for the brush, pursued by an Indian, who shot her again while begging for her
life, and left her for dead. She was found alive not long after by the volunteers and
taken to a place of safety, but died the next day. The Indians burned the house after
plundering it. Between Jones' and Waggoner's they killed four men, two of whom were
driving a wagon loaded with apples. The}' burned the wagon and contents, destroyed the
harness and appropriated the horses.
On reaching Waggoner's, they were joined by Chief George's band of Indians, who
liad been camped on the creek near his house for some months, alwaj-s professing
friendship for the Whites. Early that morning, Mr. Waggoner left home to escort Miss
Pellet, a traveling temperance lecturer, to Illinois valley, leaving his wife and four-year-old
daughter in perfect security, as he supposed, under the protection of Chief George, who
had alwa3's been a favored guest at his house. Upon the arrival of the war part}', Mrs.
Waggoner and child were murdered, and the house burned over them. The barn and all
the outbuildings were also burned.
From this point they went to the house of George W. Harris, a few miles beyond.
Mr. Harris was making shingles near the house ; and Mrs. Harris was engaged in
washing behind the house. xA.bout nine o'clock, according to the statement of Mrs.
Harris, her husband hastily entered the hou.se with an axe in his hand, stating that
the house was surrounded by Indians, whose manner indicated they were warlike. He
seized his wife ; but while endeavoring to shut the door, he was shot through the breast
by a rifle ball. He twice after fired his rifle mechanically and fell upon the floor. His
daughter, eleven years of age, seeing her father shot, went to the door, when she was
shot through the right arm between the shoulder and the elbow. The husband
reviving, advised his wife to bar the doors and load the guns, of which there was a
rifle, a shotgun, a revolver and three pistols. Mrs. Harris secured the doors, but told
436 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
her husband she had never loaded a gun in her life. Mr. Harris instructed her how to
load the weapons and expired. This brave woman, left to her own resources, commenced
a sharp firing upon the savages, who, having burnt the outbuildings, were endeavoring
to fire the house. She thus continued to defend herself and daughter, she watching at
one end of the house and the child the other, for eight hours, and until about sundoM-n,
when the savages, being attracted by a firing on the flats about a mile below the house,
left to discover whence it proceeded. She embraced the opportunity and fled to a thicket
of willows which grew along a spring branch near the house, taking with her only a
holster pistol. She and her daughter had barel}' secreted themselves when the Indians,
eighteen in number, all armed with rifles, returned, and, finding the house abandoned,
commenced scouring the thicket. Upon their near approach to her hiding place she
fired her pistol, which caused a general stampede. This was repeated several times,
and always with the same result until finally, surrounding the thicket, they remained
till da34ight. Her ammunition was now exhausted ; but she retained her position until
the volunteers arrived, when the Indians fled precipitately, and she was saved. Mrs.
Harris had on the evening previous sent her little son, aged nine years, to the house
of a neighbor. He was killed, as well as Frank Reed, the partner of ]Mr. Harris.
This list does not include all who were murdered on that bloody day, man}' of whom were
never heard of afterwards.
Upon the receipt of the news at Jacksonville, at least twent}- men sprang into the
saddle at once. They did not wait to be enrolled, consequently a full list cannot be
obtained; but among them were John Drum, Henry "Klippel, James D. Burnet't, Wm.
Dalland, x\lex. Mackey, John Hulse, Angus Brown, Jack Long, A. J. Knott, Levi Knott
and John Ladd. Upon their arrival at Fort Lane, they were authorized by Major
Fitzgerald to go in advance as a scouting part}', stating that he would follow them with
his compan}' of fifty-five dragoons in a short time. The narrative of the expedition is
copied from the diary of J. D. Burnett, one of the volunteers. He says :
" We left Evans' Ferry at two o'clock on the morning of the loth of October. The
first body found was the body of Jones, whose body had been nearly eaten up by the
hogs ; the next were Cartwright and his partner, the apple men. As they ueared the
creek on which Waggoner's house had been situated, they found the Indians were still
there. The volunteers crossed the creek, which was thickl}- bordered by willows, when
they met about twent}' Indians on horseback, drawn up in line of battle, with a battle
flag. The Indians challenged the volunteers to fight, which was quickly accepted ; but
as the volunteers charged, Major Fitzgerald broke through the willows, and with his
dragoons joined in the movement. The Indians suddenly retreated, but too late. Seven
were left dead on the ground, and the number of wounded could not be ascertained, as
the Indians fled to the mountains where the troop could not follow them, as their horses
were already nearly exhausted.
" Upon reaching the Waggoner house, Mr. Burnett and. Alex. Mackey found the bones
of Mrs. Waggoner and her little girl on the hearthstone. Taking some bricks from the
chimney, they made a small vault, into which they deposited the remains with the intention
of removing them upon their return and giving them decent burial. Upon their return,
they found the Indians had taken the bones to a large pine stump near the house and
crushed them to powder. Upon reaching Harris's ranch, they found Harris dead in the
house, and soon discovered Mrs. Harris and her daughter coming toward them from a
willow thicket near by. The girl had been shot in the arm; and both were in a deplorable
COL. HENRY LANDES,
PORTTOWNSEND,W T.
ORGANIZATION OF SETTLERS FOR DEFENSE AND PROTECTION. 437
condition. After they had buried Mr. Harris, the company was ordered back to take the
woman to a place of safety, and to gather up the dead. On tlie next day, they returned
to take care of three wagons belonging to Mr. Knott, which were loaded with merchandise,
but found them all burned with their contents and the teams driven off. In searching the
surrounding country, they came to the house of Mr. Haines, where they found Haines and
his young son killed ; but Mrs. Haines could not be found. As she was never afterwards
heard of, she undoubtedly met the fate of Mrs. Waggoner."
There could no longer be any doubt as to the disposition of the savages. Captain
Smith of fort Lane, in a letter to the Adjutant-General at Benicia, dated October 14,
1S55, said : " All we can do yet for a few days will be to furnish protection to the settlers
most exposed, or until they can arm themselves and get together for mutual protection.
There are but few arms of any description in the hands of the settlers; and I shall have
to provide them with such of my old musketoons as I can spare. A large majority of the
Indians are well armed with good rifles of different descriptions. Chiefs Sara, Elijah and
Sambo, with upwards of three hundred of their men, women and children, are now at this
post under our protection, and will take no part in the war. Chiefs John, Limpy and
George, with all their people, are proscribed. We have a very mountainous country to
operate in."
The news of the outbreak was rapidly conveyed northward, and was received in the
Cow creek valley the same day. A number of travelers, catching the alarm, assembled at
Smith's house, about five miles from Elliff 's place, at the south end of the Umpqua caiion.
J. H. Rinearson at once proceeded to organize a company of volunteers of more than thirty
men. Rinearson was chosen Captain, and Chas. Johnson Lieutenant. Hardy Elliff,
Stephen Mynatt, Smith, Turner and Redfield, all settlers of the valley, were among the
number. At this time Mr. Lawler, a miner on Lower Grave creek, arrived in camp and
informed the Captain that the raid of the Indians had been continued down Grave creek.
Captain Rinearson, leaving a sufficient number of men to guard the houses of Smith and
Levins on Cow creek, proceeded at once to the locality. Just below Lawler's cabin, they
were fired upon by the Indians; but, upon the firing being briskly returned, they retreated.
Proceeding a short distance further, they found the dead bodies of two miners, which they
buried and returned to the road. From this point, they went south to Harris's ranch,
where they met the command of Major Fitzgerald, when they returned as far as the Six
Bit House, where they remained a few days to guard the road.
On the 17th of October, the Indians attacked the miners on Gallice creek, numbering
about twenty-five men. The miners hearing of the outbreak, as they had no means of
leaving, determined to defend themselves as best they could. The two houses, which
were constructed with split boards, offered no means of defense ; and the log corral was
little better. They dug a ditch and threw up a breastwork; but before this was finished,
earl}' in the morning, the hostiles made the attack, which lasted all day. The loss of the
besieged was three men killed: J. W. Pickelt, Israel B. Adams and Samuel Sanders.
Among the wounded were Ben Tuffts, who soon died, Wni. B. Lewis, W. A. Moore, Allen
Evans, John Enixon, Louis Davis, Milton Blackenridge and Umpqua Joe, a friendl}'
Indian. The Indians retired at nightfall, of which the Whites took advantage to increase
their defenses. Upon the return of the Indians in the morning, finding the increased
means of defense, and warned, of course, of the succor that was approaching, they fired a
few guns and retreated. Jack Collins and Ben Gentry, who were sent from Gallice creek
as messengers, reported the attack to Captain Rinearson at his camp on Jump-off-Joe ;
438 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
and the Captain immediatel}' went to the rescue with his compan}'. Upon their arrival,
the}- found that the Indians had retreated. A short time afterwards, a detachment of
regular troops under Captain Smith having arrived, the survivors, including one woman,
Mrs. Pickett, with the wounded, were intrusted to their care; and Captain Rinearson
returned to his camp on the road near the house of Mrs. Miday.
Lieutenant H. G. Gibson of the Fourth Artillery, with sixty men, who had acted as
escort for Lieutenant Williamson on his survey east of the Cascade Mountains, was
returning to Benicia by the Oregon road, and was encamped at Winchester when the news
of the outbreak on the ninth was received. He at once proceeded to Fort Lane with his
command.
On the loth of October, A. V. Kautz, V. S. Arm}', with ten men and a guide, started
from Port Orford to make an examination of a proposed road to Jacksonville, being
entirely unaware of the Indian difficulties. He took a due east course, and in thirty
miles reached the big bend of Rogue river. On his arrival, he found the settlers in
great alarm from a threatened attack of a large body of hostile Indians from the valley
above. It appears that some friendly Indians had come down the valley from Grave creek
and warned the settlers to leave ; that the Indians had already come down the valley and
killed Dr. Reavis on his ranch, and were going to burn his trading post, about four miles
below. The settlers, who lived only a short distance below the trading post, did not credit
the report at first ; but a number of them, accompanied by the Indians who had brought
the report, went up to ascertain the truth of the matter. Going up the hill carefully, not
far from the store, they beheld the house in flames, a:id some sixty or more Indians
dancing the war dance around it. The Indians told them that the war part}-, after killing
the Doctor, came on to the store, where there was a young man, whose name was known
only as Sam, and only one or two others near. The savages told Sam they had come to
kill him. Thinking they were in jest, he made no attempt at resistance. They did as
they threatened, — a// him in quarters and salted Jiini. After taking what flour and other
articles they wanted, they set fire to the building. The party who had witnessed the
burning fled in all haste, and met Lieutenant Kautz and his party at Big Bend, who at
once put his men in a good log house, with nine guns and all the ammunition and stores
he had, and left with his guide for Port Orford, where he arrived at one o'clock A. M. on the
i6th. He returned immediately with arms, etc., intending to reach his camp at the bend
the same night, preparatory to a resistance to the further advance of the hostile party.
The foregoing statement of Kautz's expedition is taken from the official report of R. W.
Dunbar, Indian agent at Port Orford. Lieutenant Kautz soon returned to Port Orford,
induced by the reports of the Indian agents, which represented the disposition of the
savages at the mouth of Rogue river and vicinity to be very threatening to the peace of
that section.
The belief that all the hostiles had gone down Rogue river to a place of safety was
dispelled on the 24th of October, when the Cow creek Indians, supposed to be friendly,
made their outbreak. They first attacked a wagon train consisting of three ox teams and
a drove of hogs belonging to the Bailey Brothers of Lane county. The train had just
safely crossed Cow creek on the military road when they were fired upon. H. Bailey was
instantly killed, and Z. Bailey and three others wounded. Several of the employes in the
rear of the train escaped unhurt. John Redfield, who lived on the north side of the
crossing of Cow creek, hearing the firing, hitched up his team and, taking his family in
a wagon, started for Smith's house, where many were collected. On the way his horses
GO\ERNOk CIRRV CALLS FOR \OLLNTEERS. 439
were shot; and the remainder of the distance was on foot. He was successfnl in
reaching Smith's house, although his wife was wounded. The Indians fired Redfield's
house after plundering it, and also his barn and all his outbuildings. Lieutenant
Johnson, who was at Smith's with Oarrick and Mynatt, went up the mountain side
near the house to discover the movements of the Indians. They had not proceeded far
when they were fired upon by the Indians. Johnson was fatally shot. Mynatt, in
going to his relief, was also very badly wounded. Captain Hardy Elliff, under the
protection of the guns of the camp, climbed the mountain and brought Mynatt to
the house, where he died the next day. The body of Johnson was stripped, scalped
and mutilated, but was afterwards decently buried. All the houses, barns and outhouses
in the Cow creek valley, with the exception of Smith's and Levins', which were ably
defended, were burned, and the settlers' stock stolen, killed or driven off.
Captain Rinearson, whose camp was on Jump-ofF-Joe about fifteen miles south of
Cow creek, was first informed of the attack by Fleming R. Hill, who left his camp in the
afternoon and returned after dark, reporting the killing of Bailey. Captain Rinearson,
with his company, immediately left for the scene of the murder, which they reached
before daybreak. The oxen of the three teams of Bailey were h'ing in the road where
they had been shot down in the 3-oke, and the hogs running around. Upon crossing
Cow creek, they found all the houses burned except Smith's and Levins' ; but the
Indians had disappeared. The Rev. J. W. Miller of the Methodist church, with his wife,
who were at Levins' at the time of the attack, were sent under an escort, commanded by
F. M. Tibbats of Rinearson's company, to their home in the Umpqua valley. It is said
that on this occasion the reverend gentleman fought as well as praj'ed.
As soon as the war became an established fact, Geo. L. Curr}^ Governor of Oregon,
issued a proclamation for nine companies of mounted volunteers for the defense of
Southern Oregon, four companies to be raised in Jackson county, who were to rendezvous
at Jacksonville and elect a major. This was to be designated as the Southern battalion.
The Northern battalion was to consist of five companies, two from Lane, one from Linn,
one from L^mpqua and one from Douglas, who were to meet at Roseburg and elect their
major. Each volunteer was to furnish his own horse, arms and equipments; and they
were to elect their own officers. This proclamation was dated at Portland, Oregon,
October 15, 1S55 ; but, before it reached its destination, more than a dozen companies had
been enlisted and enrolled by Colonel John E. Ross. The names of the captains of the
companies were as follows : Company A, L. S. Harris ; Company B, James Bruce ;
Company C, J. S. Rinearson ; Compau}' D, R. L. Williamson ; Compau}' E, W. B. Lewis ;
Company F, A. S. Walton ; Company G, Miles T. Alcoon ; Company H, W. A.
Wilkinson; Company I, I. T. Smith; Company K, S. A. Frye; Company L, Abel
George ; Company M, F. R. Hill. The muster rolls of all these companies included
nearly eight hundred men. It is safe to sa}' that every able-bodied man in the district, of
proper age, who could command a gnu, placed his name on the rolls. The first companies
organized under the proclamation of the governor were the Lane county company :
Captain Joseph Bailey, First Lieutenant D. W. Keith, Second Lieutenant Cy. Mulkey, of
seventy men; and the Douglas county compau}-. Captain Samuel Gordon, First
Lieutenant Sam B. Hadley, Second Lieutenant Theodore Prather, of seventy-five men.
These companies left Roseburg on the 2Sth and arrived at the Six Bit House on the
30th of October.
440 HISTORY OF PACIFIC XORTHWEST — OREGON AND WASHINGTON.
Scouting parties from both the regular and volunteer troojDS had on the twenty-eighth
located the main body of the Indians, supposed to be between two and three hundred
warriors, on a high range of rugged hills between Cow creek and Grave creek, about
fifteen miles west of the road. Captain Smith at once sent word to Colonel Ross, who
joined him at his camp near Grave creek late on the night of the twent3'-ninth. Captain
Smith had in his command one hundred and five men and three ofiicers: First Lieutenant
H. G. Gibson, Third Artiller}' ; Second Lieutenant A. V. Kautz, Fourth Lifantry ; and
Second Lieutenant B. Allston, First Dragoons. Colonel Ross had in his command:
Captain Harris, company of forty men ; Captain Bruce, thirt}' ; Captain Welton, forty ;
Captain Williams, thirty; Captain Rinearson, forty; Captain Baile}', sevent}-; and Captain
Gordon, seventy-five men; of which he took about two hundred and fifty into action.
The spies of the regulars and volunteers had located the position of the Indians on a
hill extremely difficult of access. A plan of attack was agreed upon; and, in order to
surprise the enemy, the movement was to be commenced at midnight. The troops moved
very near the appointed time, although the orders were received late at night, and at
daylight reached a high point of the mountain, where the Indians were supposed to be;
but they had disappeared. After a search by scouting parties for some hours, the Indians
were discovered on the top of a mountain about four miles to the north. The troops were
ordered to march in that direction ; and, when within half a mile, the Indians were seen
drawn up in line of battle on the top of Bald Peak, awaiting their approach. The volunteers
were so eager for the fray that they threw coats and blankets by the wayside ; and the
fleetest on foot were foremost in the assault. The first charge, which was made at ten
o'clock A. M., drove the Indians from their position into the brush, from whence they
poured a deadly fire into the ranks of the Whites. The battle continued throughout the
day without intermission. All efforts to turn their position were unavailing, owing to
the dense thicket in their rear ; and the several gallant charges made by Captain Smith
and his regulars only resulted in loss to the attacking part}-. About dark the firing
ceased ; and the Whites retired a short distance to obtain water for the wounded and
dying.
The next morning, November ist, about sunrise, the Indians made a desperate attack
upon the camp of the Whites, which was resisted with great gallantr}- b}- both regulars
and volunteers ; and, at about ten o'clock .A^. M., the Indians were forced to retire. As
soon as the fight ceased, the troops withdrew to the road, a portion to the Six Bit House,
which was named Camp Bailey, and the remainder to the Grave Creek House. The
retreat was more trying to the troops than the two days' engagement, since they were
compelled to travel about fourteen miles over high mountains and cross deep canons,
encumbered by the wounded, having been without food for forty-eight hours, and with
very little water. Thej^ arrived in camp at ten o'clock p. m. The casualties were as
follows : Captain Gordon's company, Hawkins Shelton, James AI. Fordice, William
Wilson, severely wounded ; Captain Rinearson's company-, Henr}' Pearl, Jacob W. Miller,
killed, James Pearcy, missing, W. H. Crouch, Ephraim Yager, Enoch Miller, wounded;
Captain Baile3''s company, John Gillespie, killed, John Walden, John C. Richardson,
James Saphar, Thomas J. Aubre}-, John Paukey, wounded; Captain Harris's companj-,
Jonathan Pettigrew, killed, Ira Mayfield, L. F. Allen, Wm. Purnell, Geo. Harris, John
Goldsby, Thomas Gill, wounded; Captain Bruce's company, Chas. Goodwin, wounded;
Captain Welton's company, John Kennedy, wounded ; Captain Williams' company, John
Winters, killed, John Stannus, Thos. Ryne, wounded. Total, five killed, twenty wounded
J - ■*■*
'"-^'^'^IIl^L^'^- '' -t^^^Ti
CAPT. J M, M?MILLEN,
EAST PORTLAND. OR.
MRS.T B.M? MILLEN.
EAST PORTLAND, OR
THE S.WAGES VICTORIOUS. 441
and one missing. Of the regular troops, Captain Smith lost three men killed and five
wounded ; Lieutenant Kautz lost one man killed ; Lieutenant Gibson of the Artillery was
severely wounded in the thigh on the second day of the fight. It is unfortunate that the
official report of this engagement, by Captain A. J. Smith, never reached the office of the
Adjutant-General, and cannot be referred to.
There was considerable discussion at the time in regard to the failure of the attack.
It failed from no event of gallantry in the officers and men of either the regulars or
volunteers, but simpl}' from the fact that it was prematurely made. The Commissary
Department for the volunteers had just been appointed, but were not yet organized and
could render no assistance. The troops had been hastily assembled, had no opportunitj'
for drill or even consultation, and, worse than all, the topography of the countr}' had not
been ascertained nor the position of the cneni}- determined. A delaj- of two daj's would
have enabled the scouts to locate the position of the Indians, as well as have furnished a
strong reinforcement of volunteers, and two officers of the regular army.
The Indians retained their position on the battle ground, and held their scalp dance
to celebrate their victor}' ; but it was dearly purchased. The evidence of this is that they
not onl}^ failed to pursue the retreating Whites, but left immediately for their stronghold
down Rogue river. The loss of the Indians was never ascertained, but must have been at
least equal to that of the troops.
On the 30th of October, William J. Martin was elected major of the Northern
battalion, and on the next day left Winchester for Canyouville, where two companies of
his command were encamped, — Captain Buoy of Lane count}', and Captain Keeney of
Linn county. At this point he also met Lieutenant George W. Crook and Lieutenant
Abbott of the United States Army. Lieutenant Crook had been acting as quartermaster
for Captain Williamson's expedition ; and Lieutenant Abbott of the Topographical
Engineers had been his assistant. They were each encumbered with pack trains, and
had no escort. Lhider the circumstances, they gladly accepted the protection of Major
Martin's command, which left Canyonville early on the morning of November ist. The
command reached Camp Bailey about sundown, just as the advance of the troops, with the
wounded, were returning from Hungry Hill. The next morning. Major Martin, with
Captain Buoy's company and the trains of Lieutenants Crook and Abbott, proceeded to
the Grave Creek House, where he met Colonel Ross and Captain Smith. At a
cousultation, it was determined to make a new attack as soon as the proper preparations
could be made therefor. Captain Smith returned to Fort Lane, Major Bruce with his
battalion made his camp at \^annoy's Ferry on Rogue river, while Major Martin with the
Northern battalion made his headquarters at Grave Creek, but divided his command in
such a manner as to protect the main road, and all those points in the Umpqua valley that
seemed to be in danger of attack.
Captain John K. Lamerick was appointed Acting Adjutant-General of the Southern
troops, and was intrusted with the duty of mustering and organizing the force according
to the proclamation of Governor Curry. On the tenth of November, 1855, he mustered iu
the Southern battalion, which consisted of the companies of Bruce, Williams, Wilkinson
and Alcoon. The quota of the Northern battalion was completed by mustering in the
Umpqua county company of ninety men, commanded by Captain W. W. Chapman.
M. M. McCarver was appointed Commissary-General, who made his headquarters at
Roseburg. John F. Miller was appointed Quartermaster-General, but, having resigned to
be a candidate for the Legislative Assembly, Dr. Joseph W. Drew was appointed in his
442 HISTORY OF PACIFIC NORTHWEST — OREGON' AND WASHINGTON.
stead. After the organization, all the other companies which had been called into service
under the militia law of the territory were discharged by Colonel Ross. The forces were
still further weakened in November b}' the transfer of Major E. H. Fitzgerald, with his
company of the First Dragoons, from Fort Lane to The Dalles.
After the troops had been supplied with ammunition and provisions, and the position
of the Indians having been ascertained to be at the little meadows on Lower Rogue river,
Majors Bruce and Martin determined to attack them, which plan of campaign was
indorsed by Captain Smith, who ordered Captain Judah, who had recently arrived from
Fort Jones with his compau}', to join in the movement The command started from
Grave Creek, down the trail along the north side of Rogue river. When near the
Meadows, it was discovered that the main stronghold of the savages was upon the south
side. It was therefore ordered that Major Bruce's command, with Captain Keenej^'s
compan}^ of IMajor Martin's command, should cross the river some miles below the Indian
encampment and attack them in the rear, while Major Martin's command, and Captain
Judah with the mountain howitzers, should reach a point opposite. On the morning of
the 27th, Major Bruce attempted to throw his division across the river, but, while
constructing rafts for this purpose, was fired upon b}' the Indians upon the opposite bank.
A sharp fire was kept up all day with little effect upon the Indians, as they were concealed
by a dense thicket of brush ; and, having lost one man killed, Wm. Lewis, of Captain
Keeney's compan}-, and five wounded, he made no further attempt to cross, and sent a
dispatch to Captain Judah. The report of Captain Judah to Captain Smith explains more
fully the whole circumstances. He says :
" On the iSth of November, I left Fort Lane with fifty men. I was joined at
Grave Creek b}' four hundred volunteers, with whom I pushed on over a rough and
mountainous country to what are called the Meadows, upon Rogue river, consisting of
bald hills or mountains covered with grass. The Indians, from the most reliable
authority, to the number of two hundred, were found posted in a caiion upon the opposite
side of the river, about five miles above our camp, and in an almost impregnable position.
An attack was organized ; and, on the 26th of November, I started from my camp witli
my command and the howitzer, accompanied by one hundred and thirty volunteers, to
gain a position upon a sharp ridge running down in front of their camp, from which I
might use the field piece. I had proceeded to a point within two miles of my position
when an express reached me from Major Bruce, commanding the Southern battalion of
O. T. Volunteers, to the effect that the command destined to cross the river and occupy
the rear of the enemy's position was opposed in crossing, and that the services of uiy
command and the howitzer were immediately necessary to protect the passage of the
command over Rogue river. I marched back a distance of twelve miles, arriving at camp
after midnight, when a crossing was abandoned. A severe snowstorm rendering it
necessary to leave upon the subsequent day or lose my animals induced me to return
without delay to Fort Lane."
When Captain Judah left Fort Lane, Captain Smith had but twenty-five men on
dut}' at the post. Upon the arrival of Lieutenant Underwood with a company of
infantry, Captain Smith resolved to go to his relief, as he had become anxious for the
safety of his command. On the 28th of November, the captain left Fort Lane with
forty-four men, Lieutenant Sweitzer, Surgeon C. H. Crane and L. F. Mosher, who
served as a volunteer, accompanying the expedition. It was raining hard when the
command left the post. At Grave Creek, Captain Smith sent his horses back to Fort
REORGANIZATION FOR THE WAR. 443
Lane, and the company proceeded on foot. The second night they camped at the mouth
of Whiskey creek. In the morning the march was resumed in the midst of a heavy
snowstorm. Upon nearing the top of the mountain on the trail, oue of the mules,
loaded with ammunition for the howitzer, lost his footing and went down the caiion an
indefinite distance ; at least it was never heard from. The order was then given to
return to the valley ; and that da}' the advance of the troops commenced to arrive from
the Meadows. Captain Smith, in his dispatch to. the Adjutant-General, approved the
action of Captain Judah, and said : " In order to attack and route the Indians the
command must be divided and their camp approached on either side of the river. I
will make my arrangemens to make this attack as soon as it turns cold and the weather
is settled, if I can prevail upon the Northern battalion to occupj- the north side of the
river." ^The disposition of the volunteers was the same as before the advance on the
Meadows.
The division of the volunteers of the South into two separate commands was a
mistake so palpable that it was singular it should ever have been made. But Governor
Curr\- corrected it b}- ordering their consolidation into oue regiment ; and the companies
were ordered to elect a colonel, lieutenant-colonel and major. The election took place
at Grave Creek on the 7th of December, 1855. The candidates for colonel were Captain
Robt. L. Williams and Captain L. F. Mosher. It was well understood that Captain
Moslier approved of Captain Smith's plan of attack, while Captain Williams preferred
to go into quarters until spring. The snow was at that time nearly two feet deep at
Grave Creek, and very much deeper on the Rogue river mountains ; and, while the most
of the Northern battalion favored a winter campaign, the Southern and Captain Keeney's
compau}' of the Northern battalion, who had just returned from the Meadows, were opposed
to it. Captain Williams was elected Colonel, William J Martin, Lieutenant-Colonel, and
James Bruce, Major. This election virtually ended the campaign for this year. The
headquarters of the Southern battalion was established at \^anuoy's, and the forces so
distributed as to prevent the Indians from reaching the settlement in Jackson count}' ;
while to the Northern battalion was left the duty of protecting the road and the settlements
in the Umpqua valley.
While the main body of the troops were engaged in the expedition to the Meadows, a
band of Cow creek and Rogue river Indians, who were camped at the Big Bend of Cow
creek, commenced killing cattle on the range. Becoming emboldened by meeting no
resistance, they made a raid upon the settlers. Their first attack was upon a Mr. Yell, who
in the morning had yoked up his team to haul logs, but, finding himself in the midst of a
band of Indians, left his cattle and, mounting a horse, left to give the alarm, the Indians
following him. Meeting I. B. Nichols, they went to give the information to Captain
Gordon, after taking the family of Mr. Nichols to the fortified house of Mr. Hiat. Captain
Gordon being under orders for Rogue river, could not respond to the call ; and Mr.
Nichols proceeded to secure volunteers, but was enabled to secure only three: Thos. Lytte,
Eugene and Isaac Flint. In the morning, they were joined by a party from Myrtle
Creek, consisting of Henry Adams, John Milligan, Isaac Bailey and James Weaver, and
followed the trail by a dead horse or cow until they arrived at Harrison Rice's place,
which had lately been attacked. Mr. Rice, being prepared, repulsed the attack ; but his
brother was shot in the arm, his granary and all the outbuildings burned. The party was
soon after joined by a party consisting of James D. Burnett, Jeptha Green, Michael
Hauley, John Dillard, William Dillard, Edward Gage, Carson McCloud and William
444 HISTORY OF PACIFIC XORTHWEST — OREGON' AND WASHINGTON'.
Booth. The Indians, upon being repulsed from the Rices', burnt the schoolhouse and
proceeded up the valle}- of Teu-I\Iile creek, stealing all the valuable stock and property
they desired, and burning all the houses that were not well defended.
The settlers followed close upon their trail ; and at Kent's place, which had not been
disturbed, the}' met J. P. Da}', Sheriff, and Fred Castleman, of the Quartermaster's
Department, who had left Roseburg upon the first information of the raid, in defense of
the settlers. Leaving Kent's, they followed the trail until dark, and saw them fire the
last house. Shortly after, they saw a carapfire in a thick clump of fir timber. The party
halted ; and James D. Burnett and Pat Day made a reconnoisance. By moving quietly,
and crawling the last portion of the distance, they were enabled to obtain a full view of
the enemy's position. Upon their return, the attack was deferred until the next morning;
and, as they had eaten nothing since morning, they retired to the house of Mr. C.
Cullough, two miles distant, for supper. Here they met Sergeant Thomas Hallaud and
eighteen men of Captain Bailey's company, who stated that the Indians had been there
the day before and challenged them to fight; but that he had refused, as the Indians
outnumbered his command. While here, a plan of attack was agreed upon, which was to
be made at daylight. The camp of the Indians was on the west side of the creek ; and
Holland was to cross the creek below and come up on the east side to cut off their retreat,
while the settlers would approach a large fir log which lay near the Indian camp. Just
before daylight, the Whites had arrived near the log, when a gun was fired and a charge
was made by the Whites. The Indians ran to the log and fired a volley, severely
wounding Fred Castleman and slightly wounding J. D. Burnett, when they retreated,
leaving three killed, as well as all the horses, guns and other plunder captured on the
raid. Some of the party followed the Indians toward their camp at the Big Bend ; but a
heavy fall of snow checked the pursuit.
A tribe of Indians no less dangerous, known as Jake's tribe, lived in the neighborhood
of Butte creek in Jackson county. While professing friendship, they had always refused
to go upon the reservation, or place themselves in charge of the Indian agents. They
were known to be thieves, and were a standing menace to the Whites. One of their
rancherias was situated on the north side of Rogue river, just below the mouth of Big
Butte creek. On the night of the 23d of December, a detachment of Captain Rices'
company numbering thirty-four men made a night march, and at daylight made a
successful attack upon the camp, killing nineteen warriors, and capturing twenty squaws
aud children. The rancheria was burned. The other part of the tribe was camped on
the other side of Rogue river, betweeu Big and Little Butte creeks. At the same time
that Rice made his attack on one camp. Captain Alcoon with a part of his company also
made a night attack upou the other with equal success, killing eight warriors, capturing
two, besides the women and children. The captives were turned over to the Indian agent
at Fort Lane.
Besides the war, there were but few matters of interest occurring in Southern Oregon
during the year 1855. In December, the Unipqua Herald was removed from Scottsburg
to Jackson\-ille, and published as the Tahic Rock Sriitiiir/ bv T'Vault, Taylor and
Blakesley, the first two being the editors.
The latter part of the year was remarkable not only from the amount of snowfall,
but for being intensely cold. On the last three days of the year, the thermometer in
the Rogue river and Umpqua valleys marked as low as three degrees below zero.
Pk.
ISAAC CATH CART, ESQ..
SNOHOMISH , W T
Chapter XLVIII.
(1856.)
The Indian War in Southern Orejfon Continued (1) — New Year's Day Finds the
Savages Committing Depredations — Conduct of the ]>Iilitary and Vohinteers
— Major Bruce in the FieUl — An<»tlier Fight Witli tlie Savages — Pursuing tlie
Indians — Tlie Vohinteers Ambushed — lleorganization (»f llie 3Iilitia — Jolm
Kelsay, Colonel, and W. W. Chapman, Lieutenant-Colonel, of the New Kegiment
— A Flag of Truce Protects the ]>lurderous Savages — Ilenewal of the Campaign
Against the Indians — Captain Poland's Company of Volunteers Surprised and
Butchered — Depredations by the Indians, and Etforts at Self- Protection by
the Settlers — Treachery of Enos — The Big Bend of Kogue River — A Great
Battle at That Point — Valor of the Volunteers Saves the Regulars From
Annihilation — Surrender of the Indians — Close of the War.
''T^HE year of 1856 opened much less auspicioiish' than the previous one. The ground
X was still covered with snow, although the weather was milder; while the Indian
difficulties were apparently no nearer a settlement than when commenced in October of
the preceding 3'ear. The withdrawal of the troops from an offensive campaign gave to
Chief John, the leader of the hostiles, the desired opportunit}' to rob, kill and burn, as
well as to supply his warriors with food; while the uncertainty as to the point of the next
attack rendered travel unsafe, and much embarrassed every branch of business.
On the first day of January, Major Bruce was informed that a band of Indians had
taken possession of three log cabins on Starr gulch, a branch of Applegate creek, and
were committing depredations from that point. The Major at once ordered Captain Rice
to proceed there with his compau}'. Upon reconnoitering the place, it was found that the
cabins were held and so well fortified by the Indians that small arms would have no effect.
Word was immediately sent to Fort Lane ; and Captain Smith at once ordered Lieutenant
Underwood and Lieutenant Hazen, with thirty-five men, in charge of the howitzer, to
proceed to that point. On their way they were joined by many citizens, among whom
were Martin Angell and Mr. Walker, who were riding nearl}' two hundred yards ahead of
the command, when, at a point about two miles from Jacksonville, they were fired upon
by the Indians. Angell was killed iustantl}', having received four bullets in his head and
neck, but Walker escaped without injury. The Indians were immediately pursued, but
easilv made their escape up the mountain, through the chaparral, and were soon beyond
gunshot. This was not the only misfortune experienced b}' the command. On the
forward march to Applegate, the mule packed with the ammunition for the howitzer fell
off a cliff into Applegate creek, and was killed, and the ammunition spoiled. An express
was at once sent to Fort Lane for more ; and Lieutenant Sweitzer and sixteen dragoons
(1) In the biograpliy of Colonel W. W. Cliapiiian, in another volume of this work, will be found an account of this Indian war. which was
written at the dictation of and approved l>v. Colonel Chapman, who was an active participant in that war, and knows wliere<»f lie speaks. The
Colonel is now in his eighty-second year; but his memory and other mental faculties are hale and unimpaired. rciiLlsilCK.
( 4-1.5 )
446 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
left Fort Lane with the necessar}- ammunition, the transportation being furnished by the
quartermaster of the volunteers, as it could not be furnished by the quartermaster at Fort
Lane. The regular troops arrived at the cabins about three o'clock P. M. on the 4th of
Januar}', planted their howitzer, and sent a shell through the roof of one of the cabins
which killed two Indians. It being now nearly dark, the attack was postponed until
morning, a guard being placed around the cabins to prevent the escape of the Indians.
The savages, finding that their quarters were getting too uncomfortable, broke through
the guard about two o'clock in the morning and escaped. The force of the Indians was
about thirty warriors, who were well fortified, besides having dug bomb-proof chambers
inside, six feet underground. The loss of the Whites was one man killed and five
wounded, one having been shot through the leg at a distance of five hundred j^ards. On
the same day that Angell was killed, Charles Hule, of Jacksonville, while hunting on the
hills near town, became separated from his companions, and was also killed by the
Indians.
After the escape of the Indians from their fort on Applegate, Major Bruce, who had
arrived on the field, taking a portion of Alcorn's, Rice's and Williams' companies, followed
their trail, which led to the west. On the twentj'-first, the scouting party came upon an
Indian, who ran with all speed to the camp of the savages and gave the alarm, when the
Indians at once prepared to fight. The scouts only numbered twenty-five men, less than
half the force of the Indians, but they attacked them with great gallantrj'. The fighting
was severe for some time, but the arrival of Lieutenant Armstrong with a small
reinforcement soon compelled the Indians to retreat. The Whites lost Wiley Cash of
Alcom's company, killed, and private Richardson of Williams' company, severely wounded.
They also lost twelve horses killed.
On the iSth of January, Captain James Barnes of the spy company reported to
Colonel W. J. Martin that quite a large force of Indians were encamped at the Big Bend
of Cow creek. Colonel Martin immediately ordered Captains Bailey, Chapman and
Gorden, with such forces as were available, their commands being verj- much scattered in
order to protect the settlements, to proceed and attack the camp. The command left
Cow creek on the night of the 20th of Jannary, traveled all night and stopped all the
next day in order to conceal their advance. On the twenty-second, they renewed their
advance, and at midnight arrived at the Indian camp, which they found deserted. Scouts
followed their trail far enough to arrive at the conclusion that the Indians had retreated to
their headquarters at the Meadows ; therefore the commands of Captains Chapman and
Gorden returned to the settlements, leaving Captain Bailey and his companv, with a small
detachment of Captain Buoj^'s company, under the command of Lieutenant Noland, to
guard against an}' attack of the Indians from that direction. On the night of the
twenty-third, Captain Bailey's command, deeming the eneni}' far away, built a large fire,
around which the}? were indulging in athletic sports to keep themselves warm. While
thus engaged, the Indians, who had followed the volunteers as soon as their retrograde
movement was made, fired into the camp, instantly killing John L. Gardiner of Lane
count}', mortally wounding Thos. Gage, and seriously wounding Jere. Taylor of Douglas
county. The Whites being in the full light of the fire, and the Indians concealed by the
brush and in the dark, it became necessary for the Whites also to retire to the brush,
where they laid upon their arras till morning. The Indians made no further attack ; and
Captain Bailey, having ascertained in the morning that the main body of the Indians
were present, fell back and rejoined the other companies.
REORGANIZATION" OF THE MILITIA. 447
About the middle of January, 1S56, Colonel Williams ordered the headquarters of the
Southern regiment to be removed from \'annoy's ferr^- to Drew's farm on Bear creek,
several miles east of Fort Lane. The object of such a movement is not apparent. In a
military point of view, it was unpardonable. The defensive policy had already proved
disastrous to the Whites upon many occasions; while the abandonment of Fort Vannoj^,
which was the key to the position, left the whole of the valley of Rogue river and its
tributaries at the mercy of the savages. The protest of the officers and the citizens was
at least heard b}- the Legislative Assembly ; and on the 26th of January an act was passed
for the organization of the militia, under which John K. Lamerick was elected
Brigadier-General of the southern forces, I\I. M. McCarver, Commissary-General, Jos. S.
Drew, Quartermaster-General and Dr. Backwell, Surgeon-General. The term of service of
the companies having expired, man^- of the men desired to be discharged, especially in
the Northern battalion, whose farms and families required their presence. These were
accordingly discharged; and on the 12th of February, General Lamerick, by order of the
governor, issued a proclamation for the enlistment of four new companies to reinforce the
Northern battalion, two companies from Lane and Benton counties conjointly, and one
company each from Linn and Douglas counties. The new regiment was soon recruited.
The company from Lane county was mustered in on February 13th, Wm. H. Latshaw,
Captain; that from Benton county February i8th, John Kelsay, Captain ; the Douglas
county company a few days later, Ed. Sheffield, Captain. The companies of Captain W.
W. Chapman, Captain Laban Buoy and Captain Dan Barnes of the Northern battalion
remained in the field.
The Southern battalion nearly all re-enlisted, and was increased b}' the companies of
Captain IM. M. Williams, Captain Mike Bushey and Captain Abel George. The regiment
was organized, March 18, 1856, by the election of John Kelsay, Colonel; William W.
Chapman, Lieutenant-Colonel; James Bruce, Major; William H. Latshaw, Major of first
recruiting battalion ; E. L. Massey, Major of second recruiting battalion. Lieutenant
Colonel Wm. J. Martin, having been appointed receiver of the Umpqua land-office, was
compelled to leave the field. The companies of the new regiment were distributed much
in the same manner as before to protect the settlements, the Northern battalion taking
positions on Grave creek. Cow creek, Camas valley and other points ; while the Southern
battalion was distributed in Rogue river and Illinois valleys until such time as the
commissary and quartermaster generals could provide the means for an aggressive
campaign. The performance of this dut}- was ver}' much impeded b}- the very bad
weather of Februar}' and March. About the 20th of February, Chief Limpy and thirty
of his warriors, well armed, came to Fort Lane with a flag of truce. The}' there announced
that their object was to secure the surrender of some of their squaws who were held as
prisoners b}^ the Indian agent. They had no desire for peace, and declared their
confidence in being able to conquer the Whites. Upon their request being refused, they
were permitted to return unharmed to their headquarters on lower Rogue river. In
allowing these savages, who had never spared a kneeling woman or an innocent child, the
benefit of the rules of civilized warfare, Captain vSmith exhibited a degree of magnanimitj-
which he had an opportunity to regret a few months later at the Big Bend of Rogue river.
On February 23, 1S56, Chief Sam with all his band of friendl}^ Indians, who had
been encamped at Fort Lane since the outbreak of October previous, left for their
reservation in the Willamette valley, escorted by one hundred and six regular soldiers
under the command of Lieutenants Underwood and Hazen. They were not attacked
448 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
either b}- the hostile Indians or the volunteers, as was feared, although, before reaching
the Grave creek hills, one Indian, while searching for his horse outside of camp, was
shot and killed by some person unknown. The removal of these Indians was a source
of relief to the settlers, who, knowing the Indian character, were uncertain at what
moment their friendship would change to deadly hostilitj' ; while the Indian agent and
Captain Smith at Fort Lane were in constant dread of an attack upon them either by the
hostiles or the volunteers. The whole band numbered four hundred, of which only
eighty were men, many of them superannuated, the remainder being women and children.
On the 2d of February, Indian agent R. B. Metcalfe arrived at the Grand Ronde
reservation in charge of the friendh' bands of Umpqua Indians, without any escort or any
accident. The same could have been done with Sam's band, but for a -scare which
originated with General Palmer, the superintendent of Indian affairs.
As soon as it was evident that the volunteers intended to take the field in earnest,
Captain Smith, who had ceased to act in accord with the volunteers, on the 13th of
Februar}- made a requisition upon General Wool at San Francisco for three companies to
reinforce him at Fort Lane. In compliance with this request, the steamer Columbia
landed at Crescent City, California, on March eighth, ninetj'-six men of Company B,
Third Artillery, under Captain Ord and Lieutenant Thrie, with Colonel Buchanan, who
had been sent to take the chief command in Southern Oregon ; and on the next day the
same vessel landed forty-seven recruits for Major Reynolds' company at Port Orford.
Up to the month of Februar}-, the Indian tribes of the coast, by the efforts of the
Indian agents and the punishment they had previously suffered, seemed disposed to
remain at peace with the Whites ; but it soon became evident that the emissaries of the
hostiles had again been among them with dangerous effect. Special Agent E. P. Drew,
who had charge of the Indians from the Siuselaw to the Coquille river, and Captain Ben
Wright, who was in charge of those from Port Orford to the California line, used their
utmost endeavors to prevent any combination. Drew, upon visiting his charges, found
that the warriors had gone to the head of the Coquille, from which point communication
with the headquarters of the hostiles at the Meadows was, to an Indian, ea.S3'. Captain
Wright went up the coast as far as Port Orford, and was indefatigable in his labors.
Upon his return to Rogue river, Wright went up the Big Bend to induce the Indians
under liis charge to remove to Port Orford, and thus keep them beyond the influence
of the hostiles. Captain Poland, with a company of thirty-three volunteers, occupied a
well-fortified post near the bend, from which any westward movement of the hostiles
could be detected and perhaps checked. Wright, having reason to believe that his
mission was successful, returned to his cabin on the south side of Rogue river ; and
Captain Poland with his company came with him and encamped at the same place.
At the dawn of day on the 2 2d of Februar}', the camp was surprised and every
man killed but two, one of whom escaped to the mouth of the river; and the other,
Charles Foster, escaped by concealing himself in a thicket until dark, when he made
his escape to Port Orford and reported the disaster to Major Re3'nolds. A number of
Captain Poland's company had previously left for the mining camp at the mouth of
the river and thus escaped the massacre. After this, the Indians crossed Rogue river
and went up the coast as far as Port Orford, a distance of thirty miles, burning every
house but one, and murdering all the inhabitants except Mrs. Geisel and her daughter,
who were taken prisoners. As soon as the news reached the mouth of the river, the
volunteers and all the men who had arms, which were few, proceeded at once to the
^^Mll
"-m
•■:?' V'Sfe
HON ROBT. C. HI LL,
PORT TOWNSEND, W T.
CAPTAIN POLAND'S COMPANY .SrRPRISP:D AND BrTCHERRD. I l'.»
camp but found the Indians had gone. They buried the dead, and on their return crossed
to the north side of the river with the whole population, numbering over one hundred,
and took refuge in some warehouses which had been slightl}- fortified. They had but
few arms and but four days' provisions. Major Reynolds, in command of Port Orford,
had but about thirty men, which force was barely sufficient, with the citizens, to protect
that place, and could render no assistance to Rogue river. A whale boat was sent from
Port Orford to communicate with them ; but, in attempting to land, it was swamped,
and the crew drowned. Captain Tichenor tried to reach them with the schooner Nelly^
but owing to the heavy wind failed to do so. The killed were : Ben Wright, Indian
Agent; John Poland, Captain of volunteers; Pat. McCullough, Pat. McClusky, John Idles,
Henry Lawrence, Barney Castle, Guy C. Holcomb, Joseph Wilkinson, Joseph Wagner,
E. W. Howe, J. H. Braun, John Geisel and four children, his wife and daughter taken
prisoners (soon exchanged), Martin Reed, George Reed, Lorenzo Warner, Samuel
Hendrick and a negro, name unknown. These were killed in the first attack. Soon after
the list was increased with the names of Henry Bullen, L. W. Oliver, Daniel Richardson,
Adolf Schmoldt and George Tricke}-, to which may be added the names of the drowned:
H.C. Gerow, merchant, John O'Brien, miner, Sylvester Long, farmer, William Thompson,
Richard Ga}', boatmen, and Felix McCue.
This massacre exhibited a depth of treachery which was scarcely credible, even to
those who best understood the Indian character. The number of Indians making the
attack, according to Foster, who, from his hiding place, had full opportunity to see all
tlieir movements, was about three hundred, the most of whom belonged to a tribe under
Wright's care, which had received special favors from him ; and the remainder were
warriors from John's band, all under the leadership of Eneas, or Enos, as he was generally
called by the Whites. Enos was a Canadian Indian, who was with Fremont when he was
attacked by the Modocs at Klamath Lake in 1845, ^^^^ was favorably mentioned by him.
He acted as scout for Wright when he made the attack upon the Modoc Indians in 1852,
and while acting as Indian agent at Rogue river was his most trusted agent. It was upon
the efforts of Enos that Wright chiefly relied to prevent the Tootootenais, his wards, from
joining the hostiles ; and it was upon his assurance of their fidelity tiiat he returned to
the mouth of the river. On the morning of the twenty-second, Enos entered the quarters
of Captain Wright, unsuspected of treachery, and killed him with an axe, which was the
signal for the general massacre. He afterwards mutilated the body, cut out his heart and
ate a portion of it. It is said that Chetcoe Jennie, a squaw who was acting as interpreter
for Wright, at a salar}' of five hundred dollars a year from the Indian Department, also
joined in the repast.
Chief John, after the accession of Enos and the coast Indians, had too strong a force
to remain idle at his headquarters, and consequently sent a strong force to his old camp
on Deer creek and through the Illinois valley. On the 12th of Februar}^, they killed
John Guess while j^lowing on the farm of Dr. Smith on Deer creek, and left him dead in
the furrow. On Sunda}', March 23d, they ambushed and killed two travelers, Wright, a
partner of Vanno3''s, and Private Olney of O'Neal's compaii}', at the foot of Eight Dollar
Mountain ; and an hour later the same band met a part}- of five upon whom they fired,
mortally wounding John Davis. Word was sent to Vaunoy's, to which place the
headquarters of the Southern battalion had been lateh' removed ; and Lieutenant-Colonel
Chapman at once ordered .Major Bruce to move against the Indians. Captain O'Neal's
compan}-, which was nearest the scene of action, was sent to Hays' ranch, as there were
450 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
few men to defend that post. Just before reaching it the}- met the Indians and had a sharp
fight, in which Private Caldwell was mortally wounded. The Whites reached the fort,
which the Indians surrounded until uight, when they left to capture Evans' pack train,
which was coming from Crescent Cit}-. They killed a Mexican packer and wounded '
Evans. Evans escaped to Reeves' rauch ; but the mules and packs were all captured by
the Indians, who thereby obtained a large amount of provisions and clothing.
Major Bruce, with the companies of Alcorn, Rice, M. M. Williams and Abel George,
came up with the enemy on the 25th of March. Major Bruce and Dr. Barkwell, the
surgeon, with a portion of Williams' company, were in advance of the main bod}-, when
the Indians fired upon them, killing two men and shooting down several horses. This
small party dismounted and returned the fire, which they briskly kept up for more than
half an hour; but the Indians, numbering over one hundred, still pressing them, they
were compelled to fall back. When the main body of the volunteers came up, the Indians
retired and the Whites took possession of the field. The Whites had three men killed.
Privates Collins, Phillips and John McCarty, none wouuded. The loss of the Indians
was unknown, but was supposed to be much larger. Dr. Barkwell had his horse shot and
captured, as well as all the instruments and medicines he had with him.
About the .same time, Chief John sent a band of warriors into the Unipqua valley for
the purpose of stealing horses and cattle, as it afterwards appeared. The number engaged
in the raid was about fifty, and was composed of those who were most familiar with the
country. They entered Camas valley, but, avoiding the settlements, crossed over to the
valley of Ollala, thence aroirnd the fortified camps at Rice's, Willis' and McCullough's,
stealing horses and mules and killing cattle along their entire roirte. Their trail was first
discovered on the i8th of March, by Lieutenant James Moore of Buoy's company, in the
lower end of Camas valley. Following the trail, he sent a messenger to Captain Buoy,
the larger portion of whose company was stationed at Fort McCullough. Captain Buoy
sent several detachments in various directions to intercept them ; but they all failed to
come up with them until they found them on the twenty-second in Camas valley, with
their stolen stock with them. Here the Indians attacked Fort Martindale, which was
defended by ten men of Buoy's company, who returned their fire very briskly. While a
portion of the Indians attacked the fort, the rest were engaged in driving off and killing
stock ; and they also burned the houses of William P. Day and Adam Day, a few miles
from the fort. When the detachments of Captain Buoy's company arrived, the Indians
exchanged shots with them until the horses and cattle had been started on the trail to the
Meadows, when they retreated. Captain Buoy himself having arrived, the pursuit of the
Indians was commenced. The company was divided, the Captain being in command of
one party and Lieutenant Moore of the other, with whom were several settlers, among
them being Robert Phipps, Bent Kent and others. When about four miles below the
valley, on the headwaters of the Coquille river, just after daybreak, they heard the voices
of the Indians in their camp, preparing to move. Captain Buoy ordered Lieutenant
Moore to proceed down the stream and charge them, while he went to the left to turn
their flank and cut off their retreat. The Indians were unaware of the approach of the
troops until fired upon by the forces of Lieutenant IMoore. They made a stand, however,
until the stolen stock was well on the trail, when they retreated with the loss of several
killed. Owing to Captain Buoy's ignorance of the topography of the country, his
movement to the left failed to cut off their retreat, and the stock was driven to the
Meadows. The troops had no one injured.
LETTER OF GENERAL LAMERICK TO GOVERNOR CURRY. 451
Major Rej'uolds, V. S. Ann}-, having been reinforced slightly by General Wool,
relieved the people at the mouth of Rogue river, and on the 25th of March went up
Rogue river with one company to burn the lodges of the Tootootenais. In this he
succeeded, but on his return was fired upon by the Indians from the brush. The Indians
were charged, and driven from their position at the point of the baj^onet, losing eight or
ten killed, the troops having two privates wounded.
On the ist of April, a company of volunteers from Port Orford, under Captain
Creighton, who had been ordered to bring back some of the Coquillc Indians who had left
the Port Orford reservation to join the hostiles, came upon them near the mouth of the
Coquille, and after a well-fought battle killed all but two (about twenty ), and captured
fort}' squaws and children.
The movement of the regular and volunteer troops from the coast, as well as the
closing of their supplies from the east, by a circle of volunteers that was slowl}- but
surel}' closing around them, induced Chief John to concentrate his forces in that country
which he deemed inaccessible to civilized troops, lying about the Big Bend of Rogue
river and including the mountainous and rocky region called the Big and Little
Meadows. In this he was no doubt very much influenced by Enos, who was perfectly
familiar with the plans of both the regulars and volunteers.
General Lamerick, having discovered by his scouts that the eneni\- were in front of
him, determined on an advance, and issued orders to his troops accordingly. These are
indicated in a letter to Governor Curr}' of the date of April 15, 1S56, of which the following
is a copy : " I have just returned from the Southern battalion. The spy company from
that battalion had just got in and brought the intelligence that Old John's Indians had
gone to the Meadows, their stronghold. I have ordered Lieutenant-Colonel Chapman and
Major Bruce to move with the entire strength of the battalion. They will leave to-morrow
with tools and provisions sufficient to besiege the Indians in their fortress, if it should
be necessary. The troops take with them twenty-five days' rations. I am happy to state
that the troops are in fine health and under good discipline, a thing much to be desired.
I am now making preparations to move with the Northern battalion the day after
to-morrow, to meet the Southern battalion at the Meadows. The Southern battalion will
go down on the south side of Rogue river. The Northern battalion will start from this
place (F*ort Leland) and march by way of Hungr\' hill and Whiske}' creek. I will
accompany this battalion myself. Everj'thing seems to bid fair for a successful
campaign. I have good reasons to believe that General Wool has issued orders to the
United vStates troops not to act in concert with the volunteers. But the officers at Fort
Lane told me they would, wherever they met me, most cordialh- co-operate with an}'
volunteers that I had command of. There is now under command of Colonel Kelsay
sixty men scouring the country from Hungry hill to the ^Meadows. There is also a
detachment of thirty men under Captain Sheffield scouring the country froui Hungry
hill to the Big Bend of Cow creek."
On the 2ist of April, the companies of Captain Keith of Lane county, seventy-one
men, and Captain Blakely of Linn county, sixty-six men, which had been delayed for
want of arms, arrived at Roseburg. At this place they were met by an order from
General Lamerick to march at once to the Meadows by the way of Fort Martin in Camas
valley. They left early in the morning of the twenty-second. The Northern battalion
reached the Little Meadows without meeting the enemy in force ; and the Southern
battalion reached Peavine Mountain, on the south side of the river about twelve miles
452 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
above, without seeing any Indians. While in camp at the Little ]\Ieado\vs, the country
in front was reconnoitered ; and it was found that large numbers of Indians were camped
in the brushj^ and rock\- country below and at the Big Meadows on the north side of
the river. Major Bruce was ordered to cross the river and join the rest of the command.
A forward movement was then made to the Big Meadows ; and it was found that the
Indians had abandoned their stronghold. After several da3's spent in reconnoitering, it
was discovered that the enemy had changed their headquarters to a bar on the south side
of the river, about three miles below.
After consultation, it was determined to attack them on the twenty-seventh,
Colonel Kelsay to attack in front, while Major Bruce was to cross the river above
and cut off their retreat. Earl}' in the morning. Colonel Kelsaj', with about one
hundred and fifty men of the Northern battalion, descended to the bank of the river
opposite their camp, concealed b}' a heavy fog, and deploying his men opened a
heavy fire. The Indians were taken completely by surprise, and in the confusion
of moving the women and children, with their camp equipage, which the former carried on
their backs, to a place of safety over the mountain, were unable for some time to return
the fire. Major Bruce with his battalion, having for some reason been unable to cross the
river, came down towards the bar and opened a cross fire upon the Indians, who had now
taken refuge in the timber behind the bar. The firing was continued throughout the day;
but, as there was no means of crossing the river, the victory was not as complete as it
would otherwise have been. The loss of the Indians was at least fift}- killed, that of the
troops, one man of Wilkinson's company, Elias D. Mercer, mortall}- wounded, and John
H. Clifton of Shefl&eld's compan}-, wounded. The force of the Indians was about five
hundred.
The fight was recommenced on the twenty-eighth ; but the Indians were exceedingly
cautious, their object appearing to be onW to prevent the troops crossing and to secure
their retreat. On the twenty-ninth, having rigged boats, the whole regiment, except
Major Massey's battalion, crossed the river and searched the whole countr}-, but the enemy
had left. As it rained and snowed incessantly, it was impossible to follow their trail ; and
on the thirtieth the troops recrossed the river and returned to the Big Meadows. The
companies of Captains Keith and Blakely arrived on the ground in the evening of the
twentj'-eighth. On the 27th of April McDonough Harkness, a partner in the Grave
Creek House, and Waggoner, whose wife and child were murdered in the October outbreak,
were carr^ying dispatches to General Lamerick, when they were fired upon by the Indians
at Whiske}' creek. Waggoner escaped with several bullet holes in his clothes; but
Harkness was shot off his horse and horribly mutilated while still alive.
General Lamerick finding no further use for the large force under his command, after
leaving Major Bruce in charge of constructing a fort at the Big Meadows, ordered the
remainder of the troops back to the road where it would be much easier to obtain supplies,
the Northern battalion by the way of Camas valley and the Southern to Fort Leland. The
troops left with Major Bruce consisted of the companies of Captains Blakel}-, Keith,
Barnes, Bledsoe and Noland, in all over two hundred effective men. The fort, which was
named in honor of General Lamerick, was admirably situated for the purpose for which
it was intended, and being so strongly garrisoned efifectuall}' prevented the Indians from
escaping to the eastward.
General Wool, who seems to have had as great an antipath}' to the volunteers as a
bull to a red flag, formed a plan by which the Indian warriors of Southern Oregon were
CAPT.ORRIN KELLOGGJR.
CAPT.ORRiN KELLOGG, SR- MRS. MARGARET KELLOGG.
PORTLAN D, OR.
CAMPAIGN OF CAPTAIN SMITH. 453
to be easily captured b}- tlie regular troops aloue. The execution of the plan was confided
to Brevet Lieutenant-Colouel Buchanan, Fourth Infantry, and consisted in concentrating
his forces at the Big Bend of Rogue river and marching upon their stronghold at
the Meadows, when the war would be at an end. The forces at his corauiand for this
purpose were two companies at Crescent City under Captain Ord and Lieutenant Jones,
two companies at Port Orford under Major Reynolds and Captain Augur, lately arrived
from Fort \'ancouver, and a part of two companies at Fort Lane under Captain Smith, a
portion of which only were available for the field, since a large number were required to
garrison the different posts.
Captain Smith moved as soon as the orders were received. In his official report
he says : " I then immediately organized a detachment of one hundred men from
Companies C, First Dragoons, and E, Fourth Infantry, with Assistant Surgeon Crane
and Lieutenant Sweitzer, and left Fort Lane on the 14th of March and proceeded to
\'annoy's ferry on Rogue river, where I was to procure guides. It was my intention
to follow from this point the trail I made from the coast to Rogue river valley in the
summer of 1853, but was assured by mj- guide and mau}^ persons of experience in the
mountains of the impracticability of that route so early in the season. I could find no
person that would consent to guide us through on the north side of Rogue river, and
from my own knowledge of that country, believe it to be an impracticable trail for a
command with any considerable number of animals. On the morning of the sixteenth
we left Rogue river and crossed over to the waters of Illinois and followed that
stream down to its mouth. During the whole distance we found quite a good trail,
with abundance of grass and water, at intervals from three to ten miles. I believe this
will be found the most, if not the only, practicable trail from Port Orford to Upper
Rogue river valley.
" As we were descending a ridge near the mouth of Illinois river on the 24th of
March, as we had anticipated, the headquarters of the district Indians were discovered
on the flat below. Leaving the pack train in charge of Lieutenant Sweitzer, with
Company E, I moved rapidly forward with the advance guard and my compan\', through
thick brush and timber to the point that makes out at the junction of the rivers, and
found, from the appearance of their ranches, that the Indians had made a precipitate
retreat. Some canoes with Indians were seen moving rapidly down the stream ; and we
opened a brisk fire upon them, which caused man\' to take to the water and others to
gain the bank, with the canoes, as soon as possible. Judging from their actions, several
of the Indians must have been hit, although thej^ were distant some three hundred
yards. While we were occupying this exposed point, several shots were fired at us
from across Illinois river by Indians concealed in the thick brush and timber on the
side of the mountain, wounding one private of Company E in the neck. We instanth-
returned the fire and maintained the point, when the howitzer was ordered down and
two shells fired at points the Indians were supposed to occupy. In their ranches we
found a variety of articles of which we took possession, and a large supply of eels and
other fish, which were burnt with the ranches. The rapidity of the current, depth of
the stream, and want of proper means, precluded the possibility of our gaining the
opposite bank. One or more Indians were killed on the mountain side. On returning
to the pack train then in camp, I was informed that Indians had been seen above the
camp on the same side of the river. I immediately ordered out Lieutenant Sweitzer
with Company E, who soon met the Indians within a short distance of camp, charged
454 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
them and drove them back. It was not known positively that an^^ were killed or wounded.
One private of Company E, Fourth Infantry-, was wounded in the left cheek.
" I remained in camp during the twent3--fifth and twent^'-sixth, hoping to hear from
Colonel Buchanan, and moved on the t\vent3'-peventh to Oak Flat, some four miles above
the mouth of the Illinois river, in order to send back on our trail to search for some stores
that had been lost. We left Oak Flat camp on the t\vent3--ninth, and proceeded to
opposite the lower end of Big Bend, where we failed in effecting a crossing, and then
proceeded to the upper end of the Bend, where we constructed a canvas boat and attempted
to cross it with ropes, but found the current so rapid that we were foiled, with the loss of
some twenty lash-ropes. I then had oars made, and we succeeded in crossing everything
in about five hours on the ist of April. On the afternoon of the 31st of ^Nlarch, three Indians
were seen on the north side of the river, who succeeded in making their way down a
bushy ravine to within about two hundred j'ards of where we were at work constructing
the boat, and fired at us, but did no harn). One Indian was shot. A shell was fired
across the river, and several men sent over ; but the Indians had disappeared. Several
Indians made their appearance near camp as the rear guard were about leaving it, but
kept at a respectful distance until all had been crossed. The boat was stripped of its
covering ; and the baggage was removed some two hundred 3'ards from the river. While
we were packing up, the Indians approached the bank and fired several shots, wounding
slightly one mule. On the night of the ist of April, we encamped at the Big Bend, on
the north side of Rogue river. Having no provisions on hand but a little fresh beef, I
deemed it prudent to march toward the coast, and left camp on the morning of the second,
with the expectation of taking the trail that comes in at the head of Bush}- creek, but was
taken over the Iron Spring and Bald Mountain route, impracticable for want of grass, and
arrived at this post (Port Orford) late on the evening of the 5th of April, We had four
daj's' hard rain and dense fog in the mountains, and left two mules between this place
and Iron Springs, given out."
The failure of Colonel Buchanan to meet Captain Smith at Oak Flat, with all his
forces, as agreed upon, came verj- near being a fatal mistake. It will be seen by a
comparison of the dates given in the reports of General Lamerick and Captain Smith,
that if the volunteers had not attacked the Indians at the time they did, nothing could have
prevented the total annihilation of the command of Captain Smith in the narrow caiion of
Illinois river, by the overwhelming force of the Indians then in the field. On the 13th
of March, Captain Augur, with his compau}-, marched from Port Orford to the place of
rendezvous at Oak Flat ; but, upon reaching the mouth of the Illinois river, he was met
b}' the Indians, who, being fired upon, returned the fire; and a sharp skirmish ensued, in
which five Indians were killed, the troops suffering no loss. After waiting a short time,
and finding that Colonel Buchanan did not arrive, he marched back to the mouth of
Rogiie river. Upon moving awaj', the Indians entered his camp, while he was yet in
sight, and fired off their guns in token of victor}-, and continued to follow the troops the
whole da}'.
Colonel Buchanan at Crescent City was taking matters much more leisurely.
Captain Abbott with a company of forty volunteers, authorized by the governor of
Califoinia, becoming impatient at the delay, started up the coast and met the Indians at
Chetco river, where he engaged them the whole day, but was forced to take refuge behind
logs upon the beach. The next day the regulars under the command of Captain Ord and
Lieutenant Jones, numbering one hundred and twelve, came to his relief; and the savages
NEGOTIATIONS FOR THK SURRENDER OF THE INDIANS. 4").')
were driven back. Two days were spent in punishing these Indians, which was effectually
done, and their village destroyed. On the 20th of March, Colonel Buchanan with his
regulars arrived at the mouth of Rogue river. About the time of his arrival, General
Palmer, the superintendent of Indian affairs, arrived at Port Orford ; and the brilliant
niilltar}' coup of Colonel Buchanan was never afterwards heard of Palmer's diplomacy
superseded powder and lead. The volunteers were still watchful and active, believing
tliat the Indians would only surrender at the last extremitj-. On the 21st of April,
Captain Bledsoe, of the Port Orford volunteers, started up Rogue river with a scouting
partv of eleven men, and encamped that night with Captain vSmith and his regulars.
Early the next morning, he quietl}' withdrew from the camp and took a position at
Lobster creek, a mile and a half below. At sunrise two canoes, containing twelve warriors
and three squaws, were seen approaching their place of concealment. When within a
short distance of Captain Bledsoe's command, the latter opened a murderous fire upon
them, killing eleven bucks and one squaw. The Indians were all armed with guns, which
were lost by the capsizing of the canoes. As the Indians were in force near b}-. Captain
Bledsoe's command returned to his camp on the twenty-third.
Captain Bledsoe sa^-s in his report of that date: "The regulars are 3^et here, but
inactive. All their officers, or nearly so, are desirous that my command should accompan}'
them when the}- take up their line of march to the mountains, with the exception of
Colonel Buchanan, who is chief in command, and who steadily refuses to co-operate with
the volunteers. We are therefore thrown upon our own resources, but intend to occupy
all the vantage ground possible. From appearances, I am inclined to believe the enemy
are becoming disheartened." Captain Bledsoe reported from Port Orford Alay 23d : " I
have just returned from a trip south with success, having captured twent}' Indians, who
were delivered by me to the Indian agent. The coast Indians are evidently becoming
disheartened, and would make peace almost on an}' terms. General Palmer, Indian
Superintendent, and Sub-agent Olney, left this morning for the headquarters of Colonel
Buchanan's command, who are encamped at or near the Big Bend of Rogue river. It is
evidentlv the intention to conclude peace with them upon such terms as will give
satisfaction to all concerned."
Colonel Buchanan at last moved to Oak Flat, having previouslj- sent messengers to
all the chiefs to meet him at that point. On the 23d of May, two months later than the
time he appointed to meet Captain Smith at the same place, he arrived there with all of
his command except the company of Captain Ord, which had been sent to escort a
provision train from Port Orford. He was met by nearl}- all the hostile chiefs and many
of their warriors, the most of whom, especiall}- the coast tribes, were willing to make peace
on any terms ; but Chief John, while willing to make peace, refused to give up his arms
or leave his countrj-. The arrangement finall}- made was that the Upper Rogue river
Indians should in four da3^s surrender to Captain Smith at the Meadows, and be escorted
by him to the reservation by the way of Fort Lane ; while the coast and Lower Rogue
river tribes were to assemble at the coast, and at a point on the river about six miles
below the mouth of Illinois river. Affairs being thus settled, Major Reynolds was .sent to
meet Captain Ord and the pack train ; Captain Augur was ordered to the point below the
bend, and Captain Smith to the Big Bend. The result of the mission of the latter, we
give in the words of his official report to Colonel Buchanan :
"I have the honor to report that, in obedience to special order Xo. 27, I left Oak
Camp on the Illinois river on the morning of the 24th of May, with my Company C, a
456 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
detachment of Company E, Fourth Infantry, under command of Lieutenant Sweitzer,
First Dragoons, and Assistant Surgeon Chas. H. Crane, to proceed to this point (Big
Bend) for the purpose of receiving George's and Limpy's bands and such other hostile
Indians as might wish to surrender themselves for the purpose of being removed to the
new or coast reservation. Taking the trail down Illinois to near its mouth, I ascended on
the south side of Rogue river to a point two miles from this camp, where my command
was crossed over and the march continued to the Big Bend, which was reached about dark
on the first day. The following day, the twenty-fifth, being rainy and disagreeable, the
Indians did not come in according to promise, and made that excuse, which of itself was
plausible enough. Early in the day of the twenty-sixth, several Indians came into camp
and stated that George was some nine miles above us on the river, endeavoring to make
his way down with all his people, including the Applegate, Gallice creek and Cow creek
bauds, and, if not prevented by Old John and the Klamaths, would reach my camp that
day.
" Late in the afternoon I was informed, by some Indian boj-s that had been in my camp
for several da^'s, that it was the talk among the Indians that Old John was to attack
us early next morning, with all the Indians he could muster, on the north side of our
camp, the lower river Indians to attack on the south side. Our position being an
insecure one, I determined at once to change camp, and sent Lieutenant Sweitzer to
examine an adjacent hill with a view of occup3dng it, if found suitable. His report being
favorable, I moved camp after dark, having to transport my howitzer, ammunition, stores,
etc., on the backs of my men. Early on the morning of the twenty-seventh, several
Indians came into camp, some of them George's people, and told me the Indians were
coming in. I soon saw a number of canoes land ; and small parties were moving up the
hill, all apparently friendly, though being armed. I would not permit them to enter
camp. Up to ten o'clock in the day their numbers were increasing; and, as soon as I
ascertained that many of John's people were among them, I placed my whole command
under arms, not suspecting up to this time their treachery. I increased my sentinels ou
the left brow of the hill, which is steep and covered with timber and heavy brush, with
orders not to fire the first gun. By this time they had entirel}' surrounded the hill ; and
their movements seemed hostile.
"The Indians fired the first gun about eleven o'clock; and a large body of them were
seen moving up the northern slope of the hill. As they appeared above the crest, they
were met by a discharge of canister from the howitzer, followed by a charge of the men
occup3'ing that portion of the hill, which drove them out of sight into the thick brush.
At the same time they attempted to charge the hill on the left and center, but were
gallantly met b}- Lieutenant Sweitzer, who had charge of the southern slope of the hill.
The Indians then took position ou a ridge to our left and the slope leading up to our
camp, from which they opened a cross fire on the men in position on that flank, and
succeeded in wounding so many in the course of two hours that I had to withdraw some
ten or twelve yards from the crest of the hill, from which position a continuous fire was
kept up during the day, and charges made at different times that forced the Indians to
retire. At the close of the da}', we had four men killed and fifteen wounded besides my
guide and an Indian boy, servant to Lieutenant Sweitzer. The Indians kept up their
fire until after dark, and occasionally through the night. About eleven o'clock at night.
Lieutenant Sweitzer, with all the men that could be spared, commenced a breastwork ou
the southern part of the hill, composed of blankets, saddles, tents, provisions, etc., and
RICHARD JEFFS.
SNOOUALMIE.W. T.
BATTLE AT THE BIG BEND OF ROGUE RU'ER. 457
with the aid of one shovel so far completed it by da^-light as to form a tolerable protection
for our wounded and a small portion of the command. On the outside of this work I had
dug a number of rifle pits to contain from two to five men each, and which were found
to answer the desired purpose. As soon as the Indians discovered our movements, they
raised signal fires, and by four o'clock in the morning of the twenty-eighth renewed the
attack, which they kept up by a brisk fire until four p. m., making several attempts
during the day to charge us en masse.
" Captain x\ugur, with his Company G, Fourth Infantry, arrived about four P. M. on
the afternoon of the 2Sth, and, seeing the Indians in our front and right, gallantly
charged them and put them to flight. Had he known our relative position, his
movements could not have been bettered, as they cut the Indians from their caiious,
and from a retreat across the river. At the same time I ordered Lieutenant Sweitzer,
with the detachment of Company E, to charge the Indians then occupying the hills
in our front and ridges to the left, which was handsomely done ; and on his return he
was ordered to join Captain Augur. From eleven A. m. on the 27th to four p. m. on the
twenty-eighth, my men were all actively employed, and behaved most creditably. Dr.
Crane, in addition to his arduous duties to the wounded, when not engaged professionally,
was always found with rifle in hand to render me what aid I might require. It is well
known that during the first day a number of Indians were either killed or wounded; but
it is impossible to state with au}- degree of accuracy the number, as the}^ were instantly
dragged from the field. The casualties were : Killed, nine privates ; wounded, twelve."
Captain Augur lost two privates killed and three wounded.
At the same time, the volunteers were not idle. Major Latshaw, who assumed
command at Fort Lanierick on Ma}^ 24th, in place of Major Bruce, detached on other
service, left the post on the 27th of May with the companies of Captains Keith, Blakely
and Noland, and detachments from the companies of Captains Robinson and Wallau,
under Lieutenants McClure and Phillips, and Captain Barnes' sp}^ compan}^, in all one
hundred and thirteen men. The following report was written by one of the officers of
the command :
" On the first da}- we marched five miles, and camped on the river. Soon after we
camped, Captain Barnes discovered the enemy in considerable force ; and, at two o'clock
on the next morning, thirty men under Captain Blakely took a position where they
could watch the movements of the eneni}-, while the remainder of the command, under
Major Latshaw, moved early in the morning down the river to attack them. Bj- some
means, they discovered our movements and were on the move when we broke in upon
their ranches. A small party under Lieutenant Hawle}' discovered a party whilst
attempting to make their escape, and fired upon them, killing three. About the same
time, a party of them were fired upon further down the river by Captain Blakely's
detachment. A running fight then ensued, which lasted all day, about four miles
down the river. During the day, five or six Indians were killed and fifteen taken
prisoners. On the twenty-ninth, a party of ten men crossed the river to examine the
countr}', when the Indians discovered them and sent a strong party to cut ofi" their
retreat, and fired upon our forces across the river. Captain Keith with his company,
and Captain Noland with a portion of his, crossed the river under the fire of the enemy
and charged upon them where they had taken position in the bushes and among rocks.
The fight did not continue more than half an hour, when our forces completely routed
4.")8 HISTORY OF PACIFIC NORTHWEST OREGON AND WASHINGTON.
tliem. There were two Indians killed and one wounded in the charge. H. C. Huston,
Sergeant of Keith's company, was severel}' wounded in the thigh at the first fire across the
river.
" On the morning of the thirtieth, skirmishing commenced across the river b}- a small
part}- of our men and a scattering party of Indians. Mr. Cooley, of Captain Wallau's
company, was shot through the hand and thigh. The firing ceased about noon. During
the three days, we had broken a great many canoes, destroyed a vast amount cf their
provisions, and taken a great deal of trumpery which we found in their caches along the river,
besides some gold dust, arras, etc., which they had not time to take along with them. On
the afternoon of the thirtieth. Major Latshaw, leaving Lieutenant Hawle^' with fifty men
to erect a hospital and temporary fortification for the sick and wounded, with the remainder
of his command marched down the river, and on the thirtj'-first found Colonel Buchanan,
with a force of about four hundred regular troops, encamped near the mouth of Illinois
river. From General Palmer, who was also there, we learned that the bands of Indians
which we fell in with on the twenty-eighth were those of Limpy and George, and that they
had made a precipitous retreat to his camp, delivered up their arms and called for quarter.
They stated to him that the "Bostons" were coming down upon them, and that they never
had seen so nianv muskets before, — that the river and hills were literally alive with them.
Major Latshaw turned over to General Palmer twent3--one squaws and children that he
had taken prisoners."
This last attack finished the war. It is true that there was some skirmishing required
to bring all the coast Indians in; but the decree had gone forth. On the 29th of June,
the last of the Southern Oregon Indians, Chief John, had surrendered, and was taken
from Port Orford by sea to the coast reservation by the way of Portland.
In giving the history of this conflict, many interesting events have doubtless been
omitted, since they occurred over a large expanse of country and followed in rapid
succession ; and many acts of heroism and suffering are not recorded, as well as many
that were never known. But suflScieut has been written to prove that the pioneers of
Southern Oregon fairly earned the homes which the government of the United States so
gracioush- tendered them.
Chapter XL IX.
(1853-1S59.)
Political and Local History of Washiiifjfton as a Separate Territorial Government
Until Admission of Oregon as a State, Excluding Detailed Narrative of Indian
Wars — Area of the Territory — General Featnres of Organic Act — President
Pierce's Appointments of Federal Ofticials — Census Taken by Marshal Anderson
— Northern Pacific Kailroad Exploration — Governor Stevens' Arrival — His
First Proclamation — Organization of the Territorial Government — Judicial
Districts Defined by Governor— Apportionment of Territory for Legislative
Representation — First Election — Columbia Lancaster Elected Delegate to
Congress — Session of First Legislative Assembly — New Counties Organized —
Secretary 3Iason Becomes Acting Governor — Indian Disturbances on Puget
Sound — Collectors of Customs of Fort Victoria and Puget Sound Both Claim
Revenue Jurisdiction Over San Juan Island — Congressional Legislation for
Territory — Session of Legislature, 18o4-o5 — Treaties With Indian Tribes —
Indian Council at Walla Walla — Discovery of Gold at Fort Colvile — 3Iurder
of Miners and Indian Agent Bolan — Governor Stevens at Covmcil with
Blackfoot Nation — Session of Legislature, 18o5-oG — The People in Block-
houses— General Stagnation of Business — The Campaigns Against Indians
Ended — Session of Legislature, 1850-57 — Organization of Republican Party
in Territory — Electi<»n of 1857 — Governor Isaac I. Stevens Elected Delegate
to Congress — Fayette 3IcMullen Appointed Governor — The Eraser River
Excitement — Session of Legislatui-e, 1858-59 ^Oregon Admitted Into the
Union — Enlargement of Territorial Area by Annexation of Residue of
Oregon.
1"^HE boundaries prescribed by the act of IMarcli 2, 1853, establishing the territor}- of
Washington, embraced the territory as it existed at the date of the passage of the
act authorizing the holding of a convention to form a constitution, preparatory' to being
admitted as the " State of Washington," together with so much of Idaho and Montana
as lies north of the fort3'-sixth parallel of north latitude and west of the Rocky Mountains.
The Organic Act created for the new territorial government the oflBces of governor,
secretar}', chief justice and two associate justices of the Supreme Court, an attorney and
marshal. It provided for a Legislative Assembl}- consisting of a Council of nine members,
and House of Representatives, the first of which should consist of eighteen members,
which number might subsequently be increased by the legislature, but never to exceed
thirt}- members. Of the Council chosen at the first election, the terms of office were
respectively one, two and three years, to be settled by drawing lots, one-third retiring at
the close of each period. At subsequent elections, the term for which a councilman was
elected was three years. The territorj' still remained in the land district of Oregon,
under the jurisdiction of the surveyor-general of that territorj- ; but upon July 17, 1S54,
( 4.i9 )
460 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Congress amended the Donation law of September 27, 1850, wliicli had created that oiBce,
and established Washington Territory as a separate land district, created the office of
surveyor-general, and authorized the President, when he deemed it expedient, to appoint a
register and receiver (i); and an United States district land-oflfice was established at
013'mpia.
Previous to the first election, it was made the duty of the governor to cause a census
to be taken of the inhabitants and qualified voters, to enable the government to make an
apportionment for the election of members of the Legislative Assembl}^ the ratio of
representation to be fixed according to the number of qualified voters in a district or
county. The governor was to fix times and places for holding the first election, convene
the legislature and name the place of meeting At the first session, or as soon thereafter
as deemed expedient, the legislature " shall proceed to locate and establish the seat of
government " of the territory. All justices of the peace, constables, sheriffs, and other
judicial and ministerial officers in office in the territory of Washington at the date of
approval of the Organic Act, shall continue in their respective offices until the}- or others
shall be duly elected or appointed, and shall have qualified to fill their places, or until the
offices are abolished. It was under that pi'ovision of the Organic Act that Associate Justice
William Strong of the Supreme Court of Oregon (who had been assigned to and resided
in the third judicial district of that territory, which at the time included all of Washington
Territory), held courts north of the Columbia river, and performed all other necessary
judicial functions, until the governor, by his proclamation, had created judicial districts
for Washington Territory and designated the times and places of holding the district
courts therein. Causes pending in the district courts of the late third judicial district of
Oregon were transferred by operation of law to the proper court of the district including
the county in which suit was brought.
Two townships of land were reserved, b}- the amendatory act creating the office of
surveyor-general of Washington, for university purposes ; and, b}- the Organic Act,
sections sixteen and thirty-six in each township in the terntor}- were reserved for the
purpose of being applied to the common schools.
The territories of Oregon and Washington were vested with concurrent jurisdiction
over all offenses committed on the Columbia river, where the said river forms the common
barrier between them.
Soon after the inauguration of Franklin Pierce, President of the United States, he
appointed Brevet Major Isaac I. Stevens, U. S. Engineers of Massachusetts, Governor and
c'x oj'ficio Superintendent of Indian Affiairs, Charles H. Alason of Rhode Island, Secretary,
John S. Clendeuiu of Alississippi, Attorney, and James Patton Anderson of Tennessee,
Marshal, Edward Lander of Indiana, Chief Justice, Victor Monroe of Kentuck}- and
Obadiah B. McFaddeu of Pennsylvania, Associate Justices of the Supreme Court of
Washington Territory. Isaac N. Ebey, an old resident of the territory, was appointed
collector of customs for the district of Puget Sound ; and earh- thereafter the port of
entry of the district was removed from Olympia to Port Townsend. In the spring of 1854,
Associate Justice Victor Monroe, after having held a terra of court in several of the river
counties, was superseded by Francis A. Chenoweth, an early Oregon pioneer residing in
Clark county, now Washington Territory. Of these appointees. Colonel J. Patton
Anderson, Marshal, Mr. Clendeuiu, Attorney, Secretary Alasou and Judges Lander and
(i) James Tilton of Indiana was appointed tlie first snr\'eyor-general. Early in 1S54, Henry C. Mosely of Steilacoom was appointed register,
and Elias Vulce of Indiana receiver ; and a land-ofTice was established at Olympia.
f
1
GEORGE BRACKET ESQ.
EDMUNDS, W.T.
XORTHERX PACIFIC RAILROAD EXPLORATION. 461
Monroe reached the territory during the summer of 1853. Marshal Anderson at once
proceeded to take the census, which, when completed, showed a population of 3,965 white
inhabitants, of whom 1,682 were voters.
The delay in the organization of the territory, growing out of the non-arrival of
Governor Stevens, occasioned no dissatisfaction, as it had early become known that he
had been assigned to the charge of the exploration and survey of a route for a Northern
I Pacific Railroad from St. Paul, or some other eligible point near the head of the ^fississippi
river, to Puget Sound. The instructions of the Secretary of War (Jefferson Davis) to
Governor Stevens required a thorough examination of the passes of the Rocky, Bitter
' Root and Cascade ranges of mountains. The geography and meteorology of the
intermediate country, the character of the same, or adaptability thereof for avenues of
li trade and transportation ; the examination of the Missouri and Columbia rivers and their
longest tributaries, as auxiliary channels for transportation, and in constructing a
transcontinental road ; to ascertain the rainfall, the depth of snow along the route,
especially in the several mountain passes ; in short, learn ever}^ feature of country, soil
and climate which may render assistance to the solution of the problem of the practicability
of transcontinental railroad communication b}' the northern route. It was also required
that investigation be made as to the Indian tribes of the country traversed, with reference
to their numbers, habits and especiall}- as to their feelings towards the Whites, and in
regard to a right of wa}' for such a railroad through their accustomed haunts.
The better to accomplish their purpose within one season, the expedition was divided
into an Eastern and a Western division, the former to operate westward fnnn the Upper
Mississippi. The purpose of the latter will be best appreciated by quoting the language
of the War Secretary : " A second party will proceed at once to Puget Sound and explore
the passes of the Cascade Range, meeting the Eastern party between that range and the
Rocky Mountains, as may be arranged bj' Governor Stevens." The Eastern division or
main party was under the command of Governor Stevens. Captain George B, McClellan,
Corps of Engineers, had direction of the Western part^^ Associated with him were his
assistant, Mr. Joseph F. Minter ; Engineer, Lieutenant Jefferson K. Duncanm, Third U.
S. Artillery; Dr. J. G. Cooper, Surgeon and naturalist. Captain McClellan started May
20, 1853, from New Vork, via Panama. Upon his arrival at Fort Vancouver, he was
joined b}' Lieutenant Sylvester Mowry, U. S. Army, as meteorologist, and George Gibbs, so
' well known to the early inhabitants of Oregon and Washington as a distinguished Indian
linguist and ethnologist, who acted as interpreter, geologist and ethnologist of the Western
division. Lieutenant Henry C. Hodges, Fourth U. S. Infantry, commanded the militar}-
I escort, and acted as commissary and quartermaster of the western parly. Under a general
! supervision of Governor Stevens, the Secretar}' of War had directed Captain McClellan
"to open the militar}- road from Fort Steilacoom to Fort Walla Walla." Incidentally,
Captain McClellan made a superficial topographic reconnaissance, intrusting the work to
Edward Jay Allen, engineer and contractor upon the emigrant road built by the citizens.
Lieutenant Riifus Saxton had been assigned to the Western division as its quartermaster
and commissar}-, with the special duty of organizing a suflBcient force to establish a depot
in the valley of the Bitter Root, and suppl}^ it with four thousand rations of provisions.
The performance of this dut\- practically necessitated a third and separate part}-, whose
starting point was Fort Vancouver, and whose field of operation was confined to the
territory west of the Rocky Mountains and the examination of a route to Bitter Root
valle}-, in what is now Western Montana.
402 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Before the Eastern division went into the field, Lieutenant Andrew J. Donelson, U. S.
Engineers, was dispatched by Governor Stevens to IMontreal to interview Sir George
Simpson, Governor-in-Chief of the Hudson's Bay Company's affairs in America, to
arrange for obtaining, if necessary, from the trading-posts of the company, provisions or
other necessaries, to secure knowledge of the Red River country, and to procure
necessary guides and hunters from Fort Snelling to Fort Union, and from that post to
Fort Benton, and across the Rocky Mountains. Governor Stevens also determined to send
a small party up the Missouri river to Fort Union. A survey of that river was to be
made. A post was to be established at Fort Union ; and the surrounding coixntry was to
be thoroughly- examined while the party waited for the coming up of the entire force of
the Eastern division, to which had been assigned the following army ofl&cers and scientists:
Captain J. W. T. Gardiner, U. S. Dragoons, to command the military escort ; Lieutenant
Andrew J. Donelson, U. S. Engineers, with a detachment often United States sappers and
miners; Lieutenant Beekmau du Barry, Third Artillery, U. S. A.; Lieutenant Cuvier Grover,
Fourth Artillery, U. S. A.; Lieutenant John Mullau, Second Artiller}-, U. S. A.; James
M. Stanle}', the artist of the expedition; Dr. John Evans, who had been employed since
185 1, by the Department of the Interior, in the geological examination of Oregon and
Washington, was assigned to the expedition as its geologist; Isaac F. Osgood, purchasing
and disbursing agent; Doctor George Suckle}^, Surgeon and naturalist; Frederick W.
Lander, locating and estimating engineer; A. W. Tinkam, assistant engineer.
The first of June had been fixed as the time of commencing the march of the main
party of the Eastern division from Fort Snelling, Minnesota, the appointed rendezvous.
The mules were unbroken, and the wagons were not delivered until the 26th of May.
Then came the circus of inexperienced civilians breaking those unruly creatures.
Mule-breaking was amusing to all except the one who was tr3'ing to discipline the
brute ; it was the work of camp for several days. Small parties were sent out to make
preliminary examinations of the river, others to ascertain camps and the condition of the
route over which the train was soon to travel ; but the members of the party were mainly
in camp from the 26th or 27th of May.
When it had been determined to make a surve}' of the IMissouri river to the mouth of
the Yellowstone, a steamer of high draft had been chartered at Pittsburg, Pennsjdvania ;
but the uncertainty as to the practicability of her ascending to that point induced
Governor Stevens to abandon that means of transportation of Lieutenant Donelson and
party, to whose charge had been committed that work. The part}- left St. Louis on the
American Fur Company's steamer for Fort Union, on the 20th of May. It consisted of
Lieutenant Andrew J. Donelson, in command, Lieutenant John Mullan, Mr. William M.
Graham, astronomer, and a detachment of six United States sappers and miners. On the
31st of May, small advance engineering parties, in charge of Lander, Lambert, Grover
and Tinkham, started by different lines to Sauk Rapids. On the 3d of June, in
consequence of ill health. Captain Gardiner was relieved from duty with the exploration,
and ordered to report at Washington City. On the 6th of June, the Eastern division
struck camp at Fort Snelling and moved toward Sauk Rapids in three parties, all of whom
had arrived within two daj-s at Camp Davis (on the Sauk river, two miles from its mouth).
Here they remained, making preparations, but moving out in small detachments, until
the i5tli, when the whole command was on the march. Lieutenant du Barry was
relieved at his own request, and ordered to report to the adjutant-general at Washington
City.
GO\-ERNOR STK\F.NS' ARRIVAL. 463
The main party of the Eastern division reached Fort Union on the ist of August,
Donelson's party had been there for several weeks. The other parties all arrived early in
August, Lander coming in last, — on the fifth. It was first resolved to organize two
parties, under Lieutenants Donelson and Grover, respectively, in order to examine a wider
belt of country. The governor was to go forward with a small party, but be within
communicating distance. On the 9th of August, the two parties, in charge of Lieutenants
Donelson and Grover, respectively, started from Fort Union. Governor Stevens remained
until the loth. On the nth, he had overtaken both parties at the crossing of the Big
Muddy river. Again the programme was changed. The two parties were again
consolidated under the command of Lieutenant Donelson ; and small parties were to be
detailed to perform side-work or make necessary examinations, under Lander, Grover,
Tinkham and other officers. The main train moved forward under the command of
Lieutenant Donelson. An itinerary of the march and doings of that Eastern division,
were they more pertinent to the territorial history, and did space permit, would prove
most interesting. Suffice it to add that Governor Stevens reached Fort Benton September
ist; and the Eastern division were all in camp, at that old trading-post of the American
Fur Company, on the 6th of September. The governor resolved to abandon the wagons
at this point, and go forward with pack animals. On the sixteenth, the westward march
was resumed. On the twenty-sixth. Governor Stevens, with a small part}', left the main
train, hastened forward, and crossed the divide of the Rocky Mountains upon the
twenty-ninth. The pass b_v which the Eastern division crossed the Rocky Mountains
(Cadotte's Pass) was the same that had been traversed in 1805 by the Lewis and Clark
overland expedition to the mouth of the Columbia river.
Governor Stevens reached Fort Col vile on the i8th day of October. Captain
McClellan had arrived there upon the day before. On the 28th of October, both
parties met, having in their joint jourueyings traversed the continent; and the
place where they commemorated the happy result of their joint labors they named
Camp Washington. The season was growing late, snow had already fallen, the animals
were much fatigued and were growing thin. Further examinations and work had been
marked out and discussed by those three accomplished engineers, Stevens, McClellan
and Lander. McClellan had been in the Cascade Mountains. He suggested that an
examination from the Sound over the Snoqualmic Pass was more practicable than to
work westward from Camp Washington. His views were accepted, as he had been in
charge of the western field of exploration ; and wiselv the resolution was reached and
acted upon to push forward by Walla Walla, The Dalles and Wancouver to Olympia. In
the latter daj's of November, the expedition (except small parties who had been detached
for examination of special features upon which information was required before final
report could be made) had finished its labors in the field. Its officers, engineers and
specialists had gone into winter quarters ; and the office work of preparing reports and
maps and illustrations commenced. The labors of that party were chronicled in three
large quarto volumes published b}- the national government, and constitute a valuable
addition to the knowledge of the country at large, and especially the physical geography
and topographic features of the territory of Washington.
Governor Stevens having arrived at Ol3'mpia (the seat of government as determined
upon by him) issued upon the 2Sth of November, 1853, a proclamation, as required
b}' the provisions of the Act of Congress establishing the territorial government of
Washington. By it, Monday the 30th day of January, 1S54, was designated as the day
464 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
for holdiug the first election for members of the Council and House of Representatives
of the Legislative Assembly, and for the first delegate for Washington Territor}- to the
House of Representatives of the United States. An apportionment was made ; and the
council and representative districts were defined. The three judicial districts were
established, viz.: the counties of Clark and Pacific constituted the first district, Lewis
and Thurston the second ; and in the third were embraced the counties of Pierce, King,
Island and Jefferson. The times and places for holding said courts were also appointed.
The 27th day of February, 1S54, at Olympia, were designated the time and place for the
meeting of the first Legislative Assembly.
Immediatel}' after the proclamation, the two political parties called territorial
conventions to nominate a candidate for delegate to Congress. The Democrats assembled
at Cowlitz Landing and nominated Columbia Lancaster, who had served as a judge of
the Supreme Court under the Oregon Provisional government, and who was defeated at
the first Oregon territorial election (1S49) ^o^" the delegateship to Congress by Samuel
R. Thurston ; and he it was also who conducted the proceedings of that minority Oregon
legislative council, called at the time the " One-horse Council," which met at Oregon
Cit}^ session 1851-52. The Whigs met in convention at Olympia and nominated
Colonel William H. Wallace, an immigrant of 1853, a prominent lawj^er, a distinguished
advocate and orator, and who had filled several official positions in the State of Iowa.
Judge Lancaster was elected by a vote of 698, to 500 received by Colonel Wallace. Both
branches of the legislature were Democratic by small majorities.
On the day designated in the governor's proclamation, the first territorial legislature
assembled at Olympia. The Council organized by the election of George N. McConaha
(i) of King county as President. Francis A. Chenoweth of Clark county was elected
Speaker of the House. Governor Stevens delivered his message in person in joint
convention of both Houses on the 28th of February. Referring to the valuable
information he had acquired in his journey to the territory, with reliance he urged the
memorializatiou of Congress for the vigorous application to Washington Territory of its
general territorial policy, — those incidental aids always accorded to new territories by the
general government. He appropriately alluded to the deficiency in the mail service, to
the extingiiishment of the Indian title to lands, and reminded them that as yet Congress
had failed to pass a law applicable to the territory east of the Cascade Range. He then
called attention to the public lands, and the inconvenience to settlers by the failure of the
government to extend the public surveys. His recommendations as to the building of
government roads exhibited an intimate knowledge of the needs of the territory. His
suggestions for a memorial for congressional aid contemplated a system connecting the
Columbia river with the Sound. A road was required extending westward from the falls
of the Missouri, at the head of navigation of that river, to connect with the road from the
crossing of the Columbia river at Fort Walla Walla to Fort Steilacoom. A road should
also be coutinued down the Columbia river to Fort Vancouver, then called Columbia Cit}',
and thence from that point across to the head of the Sound, thence northward on the east
side of the Sound to Bellingham Baj^ He suggested, as proper subjects to urge upon
the attention of Congress, the creation of the office of surve^-or-general of Washington
Territory ; the granting of liberal appropriations to extend the public surveys ; the
(l) President McCon.nhahad proved himself iu that session a thorough parliamentarian, an able debater, and a master in invective. He was
a consummate jury la\v\-er, a successful advocate. On the Sound, though a recent comer, he had acquired an enviable popularity with the
masses. He was iu the prime of vigorous manhood, and had he lived, a brilliant future awaited him. While returning from the session of the
legislature to his home at Seattle in a canoe, accompanied by Captain B. r. Barstow, with a crew of Indians, the canoe was swamped between
Vashou Island and .\lki Point. May 5, 1^53 ; aud, with the exception of one Indian, the whole party found a watery grave.
'^vaM4«i
JOSEPH BEEZLEY,
THE DALLES, OR.
MRS. M.J. BEEZLEY,
THE DALLES, OR.
FIRST MESSAGE OF GOVERNOR STEVENS. 465
amendment of the Donation law so as to anthorize, after a continnous residence of one
year, a conimntation by paying the minimnm val nation of the land, or the making of
improvements eqnal to snch minimnm value ; with the proviso that the right to acquire
or commute should be enjoyed but once; that single women be placed on the same
footing as married ones.
This perfect schedule of territorial needs, as also the illustration of territorial
resources and future grandeur, included also reference to geographic and geologic
surveys. He then urged the necessity of congressional appropriations to continue the
survey of the Northern Pacific Railroad route. With broad and liberal statesmanship,
he indicated, in that able message, the necessity of " building simultaneously roads to the
great harbors on the Pacific, Pnget Sound and San Francisco, if practicable routes are
found. I can speak decisively as to the Northern route ; and I have no doubt that
surveys will establish the entire practicability of the Southern and many intermediate
routes. The best interests of the country will be advanced by the ascertaining of many
practicable routes ; and the necessities of the times imperiously demand that the roads
now running westward should not be stayed in their course till they reach our Western
shores. I am firmly of the opinion, however, that these great undertakings should be
controlled and consummated by the people themselves, and that every project of a
government road should be discountenanced."
He then cited an actual occurrence of that winter, which illustrates the then condition
of the territory, and one of the annoyances to which the early settler was subjected, as he
alluded again to the defective mail service : " For six weeks of the present winter has
this territory been without communication with the States. Yet, in this interval, sailing
vessels reached Seattle from San Francisco, and brought to that port information on the
i2th of January which only reached the same place by mail more than six weeks
subsequently. There are reasons growing out of the condition of the territory which call
for an efficient mail service by steamers. There are nearly five thousand Indians on the
shores of the sound, a large revenue district with innumerable ports affording facilities to
the evasion of the revenue laws, and a disputed territor}'. The entrance to the Sound is
in common with a foreign possession to the north, wielded by an almost despotic sway,
and the abode of large bands of aborigines. For the management of public business, for
the protection alike of the Indian and the settler, for the enforcement of the revenue laws,
and for the upholding of the dignity and integrity of national and territorial rights, it is
essential that a line of steamers should run direct from San Francisco to Pnget Sound, and
that an effective mail service by steamers be organized on the Sound itself. The portion
of the territory on the Columbia river will be provided for by the existing arrangements,
let them only be carried out with a due regard to express stipulations."
Governor Stevens was also ex officio superintendent of Indian affairs. In that capacity
he had as far as practicable acquainted himself with the native population. His estimate
of the number of Indians was ten thousand, in about equal proportions on either side of
the Cascade Mountains. With the usual first blush of sentimentalism of Eastern people,
he characterized them " for the most part a docile, harmless race, disposed to obey the laws
and be good members of the State." With this view, with that charity towards that race
for which he was eminently noted, in that first message (his inaugural address, it may
with propriety be called), he warmly recommended "the memorializing of Congress to
pass a law authorizing the President to open negotiations with the Indians east of the
Cascades, to provide for the extinguishment of the title to their lands, and to make ample
466 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
I
appropriatious to actual!}- extiuguisli their title throughout the territor}-, reserving to them
such portions as are indispensable to their comfort and subsistence.
He then wisely referred to the confusion and ambiguity of the statute law in force in
the territory b}' Oregon legislation. He suggested enacting certain necessary laws
applicable to the territory, and the emplo3'ment of a commission to prepare and report
necessary acts. He urged the organization of Eastern Washington into counties ; the
erection of new counties, and the change of count}' boundaries ; the passage of an election
law aud a militia law ; and as to the latter he made a number of suggestions of what was
requisite in the formation of a proper militia system. The message took strong ground
in favor of extinguishing by purchase the title of the Hudson's Bay and Puget Sound
Agricultural Companies to any possessions or possessory rights under the treaty, and
suggested legislative investigation, and a report as to its value, and the policy to be
pursued to remove the presence of those companies from the territory. He advised the
legislature that " the Hudson's Bay Company would not longer be allowed to trade with
Indians within the territory, that notice had been given to that effect under instructions
from the secretary of state, and that the company would be allowed until the ist of July,
1854, to wind up their affairs. After that time, the laws regulating intercourse with the
Indians would be rigidly enforced."
Information was also communicated as to the congressional appropriation for a
territorial library, and its expenditure, and the contributions secured through application
to learned societies and the executive of each state and territory, for copies of their
publications. The message concluded with invoking the Assembly to provide a system
of education, " which shall place within the means of all the full development of the
capacities with which he has been endowed. Let every youth, however limited his
opportunities, find his place in the school, the college, the university, if God has given
him the necessary gifts. A great champion of liberty said, more than two hundred years
ago, that the true object of a complete and general education was to fit man to perform
justly, skilfully and magnanimously, all the offices, both private and public, of peace aud
war. Congress has made liberal appropriations of land for the support of schools ; aud I
would recommend that a special commission be instituted to report on the whole school ,
system. I will also recommend that Congress be memorialized to appropriate land for an
university."
Every suggestion herein made found a response by the Legislative Assembly. They
created a code commission consisting of Chief Justice Edward Lander, William Strong,]
late Associate Justice of Oregon, and Victor Monroe, Associate Justice of Washington.
The laws by them made, reported separately in order to conform to the requirements of ■
the Organic Act, that " they should have but one object, and such object must be
expressed in the title," constitute a code, and substantially continued the great body of the
statutory law of Washington throughout its territorial existence. The innovations made
by subsequent legislatures upon that collection of laws (uncodified, because each subject
matter must be confined to a separate enactment, but regarding each act as a chapter
rather than as a code), under the guise of so-called amendments, in nowise improved the
very creditable system which had emanated from those two vigorous legal minds and
learned jurists, Edward Lander and William Strong.
An important memorial upon a subject to which the governor's message had not
referred urged Congress to reimburse Captain Lafayette Balch and others for the expenses
incurred in the rescue of the crew and passengers of the sloop GeorgiaiDia from captivity
SESSION OF FIRST LEGISLATIVE ASSEMBLY. 4(>7 '
on the east side of Queen Charlotte's Island, among the H3-dah Indians. Another was a
memorial praying Congress to recognize the humanity of George Bush, a free man of
color, who came to Puget Sound in 1S45 with the first American colony who settled in
that section. He took up a section of land, and with his family had resided upon it from
that date ; and that the lirst legislature unanimously joined in the request that, colored
man as he was, a grant be made to him of the home he had made for his family. And
Congress promptl}- acceded to that request, so eminently just and creditable to the
legislature which had made it. The creation of necessary ports of deliver}^, the building
of a marine hospital, and of lighthouses at proper locations, for making the salar}' of the
collector of customs of Puget Sound equal to the collector of Astoria, were referred to in
joint resolutions to aid the delegate in asking Congress to recognize the needs of the
infant territor}-.
Governor Stevens was requested to visit \\'ashington City in the interest of the
Northern Pacific Railroad survey, and kindred matters incidental thereto. The private
independent enterprise of Frederick W. Lander, so liberall}^ contributed to by the private
means of his distinguished brother (the chief justice), the examination of the railroad
route from Puget Sound b}- the valley of the Columbia to the South Pass of the Rocky
Mountains, was heartil}- commended b}- the legislature. Congress was asked to publish
his report, and to make appropriation to compensate his labor, and reimburse him for the
expenses incurred.
B)' the terms of the Organic Act, the duration of the first session of the Legislative
Assembly had been limited to one hundred days. That session was materially shortened
and the labors of its members lessened by reason of the S3'stematized co-operation of its
able coadjutors, the commission of judges reporting from da}' to day well-digested laws,
which the assembly could accept as authorized, essential and competent to promote the
public welfare. Indeed that judicial oracle announced what the law ought to be and how
the courts would construe it. Nor is it unreasonable to say, that following the timel}^
suggestions of that statesmanlike message of the governor, which in so many instances
were accompanied with the reason, evidence of necessit}- or benefit which prompted them,
contributed greatl}^ to the prompt and creditable performance of its functions, and
enabled that legislature to adjourn sine die on May first, after having been in session only
sixty-four days, which included the da^-s of convening and adjournment.
As before remarked, the territorial Organic Act had prescribed as an essential to the
validity of a statute that it should refer oxAy to one subject-matter, and that such subject
should be clearl}' expressed in the title. Hence each enactment, each bill, was separateh-
reported and passed. A full code of civil procedure, in the main following New York, but
with occasional interpolations from Indiana or Ohio, the representative states of the two
reporters or authors. A Criminal Practice act, a Probate law and Justice's Practice were
adopted. The election, and very many of those acts which constitute the political code,
were similar to the Oregon code upon some subjects, wisel}^ retained because the people
were familiar therewith, and because of a strong partialit}- for Iowa law, which had been
spoken into the Oregon S3-stem of law, b}- mere legislative fiat, that the laws of Iowa, so
far as the same may be applicable, are in force in Oregon.
The boundaries of several of the old counties were re-defined. Seven new counties
were created. Cowlitz count}- was set apart from Lewis in the early part of the session ;
and later Wahkiakum county was set off from its western side. Chehalis and Sawamish
were detached from Thurston. The latter-named county by a subsequent legislature was
468 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
nominated Mason, in honor of Charles H. Mason, the first secretary of the territory-, and
its acting governor during much of the period marked b}- Indian outbreaks, and the
Indian war of 1855-56. Clallam was set off from Jefferson county. Whatcom constituted
all the territory included in Island count}', embraced all the mainland late in that county
north of a line running due east of the north point of Perry's Island to the summit of
the Cascade Range of mountains, its northern boundary being the forty-ninth parallel
west to the Canal de Haro, following that channel to the Strait of Fuca, by it across
Ringgold's Channel to the place of beginning. In it was the Archipelago de Haro, the
islands so long in dispute between the United States and Great Britain, and awarded to
the .former by Emperor William of Germany.
Among the early acts of the session, the count}^ of Skamania was set off from Clark.
It was all of Eastern W^ashington, the territory lying east of Cape Horn, in the Columbia
river ; and from it was set off and established the county of Walla Walla. It was a large
empire in extent. Run a line due north from the north bank of the Columbia, opposite
the mouth of Des Chutes river, to the fortj'-ninth parallel of north latitude ; all the
territor}' between that imaginary line and the dividing ridge of the Rock}' Mountains,
all of Idaho and IMoutana, north of forty-six degrees north latitude and west of the Rocky
Mountains, was Walla Walla county as defined by the act establishing its boundaries.
The land claim of Lloyd Brooke was its county seat. At the next session, Lloyd Brooke
was invested with the several ofiices of probate judge, count}' auditor and county
treasurer. Shirley Ensign was sheriff. Major John Owens, who lived at St. Mary's
village, in the Flathead country in Bitter Root valley, was one of the county
commissioners named. His colleagues were B. B. Bomford and George N. Noble.
Surely it was a county of magnificent distances. That inland empire was allowed two
members of the House of Representatives. There were sufficient residents to justify
that act, but their residences were far between. No county officers named ever qualified.
No organization was attempted under either of those acts, by virtue of the legislation of
either of those sessions (i). The act creating the county, or rather defining county lines,
remained upon the statute book, and never was repealed.
At that session, county seats were designated for the newlv created counties. Countv
officers were appointed for them, as also for old counties where vacancies existed, where
officers, by the change of boundaries, had ceased to be residents, and for offices established
at the current session. In brief, very much was done to effect working county organizations
throughout the territory. The legislature divided the territory into three judicial districts,
fixed the terms of court in each, and assigned thereto the judges.
The. counties of Walla Walla, Skamania, Clark, Cowlitz, Wahkiakum and Pacific
constituted the first judicial district, to which was assigned Obadiah B. McFaddeii
Associate Justice of the Supreme Court of the territory. The counties of Lewis
Chehalis, Thurston and Sawamish (Mason) formed the second district, to which the aci
assigned \'ictor Monroe, Associate Justice; but, early in the summer of 1S54, he wa;
superseded by Francis A. Chenoweth, who continued to hold the courts of the secouc
district until January 25, 1855, '^^'hen the legislature made a reassignment, whereb}
Edward Lander, Chief Justice, was transferred to the second district, and Associate Justics
(1) It was not until the fall of iSjS that the upper couutrv, the Walla Walla valley, was thrown open to white settlement. On the 19th c
Januarj', 1859, the legislature passed an act appointing officers of Walla Walla countv. No intervening legislature had abridged the limit
prescribed by the act of US54 ; and this lawfully recognized the county as an entity, though unorganized. On the 15th of March. 1^59, a quorun
of the county commissioners, named in the act. appointed necessary officers to carry on a county organization. At subsequent sessions of th
board, all necessary officers were secured. At the July electiou (iSsq'i, all county officers were elected. Steptocville had been the name of the sit
of the present city of Walla Walla. On the 7th of November, 1S59, the board of countv commissioners changed that name to Walla Walla, aci'
designated it as the county seat.
p 1
i
HON. JOHN GATES,
PORTLAND, OR.
VENGEANCE OK NORTHERN INDIANS. 469
Chenoweth to the third district. The third judicial district was composed of the counties
of Pierce, King, Island, Jefferson, Clallam and Whatcom. To it Chief Justice Edward
Lander was assigned by the act; but on a reassignment January 25, 1S55, the district
courts of that district were presided over by Associate Justice Chenoweth.
As requested by the Legislative Assembly, Governor Stevens started on the 26th of
i March for Washington City, for a protracted absence from the territory. Secretary Mason
assumed the office of acting governor.
Immediately after the adjournment of the legislature, several Northern Indians, who
were on a visit to Puget Sound in quest of employment, and to sell articles of handiwork,
were employed by John L. Butler upon his Donation claim on Butler's cove, on the west
side of Budd's Inlet, some three miles north of Olympia. With Butler lived a man named
Burt. Those Indians having completed the job, demanded payment of Butler for their
services. A quarrel ensued between the Indians and the White men, Butler having
refused to pay what the Indians claimed. That demand for wages was the occasion of the
death of the chief of the Indian laborers, at the hands of Butler and Burt. Tho.se parties
were charged with murder. They were arrested; and, when brought before the magistrate
( William W. Plumb) for examination, the prosecuting attorney of the second judicial
district of the territory, appointed by a late legislative act, himself at the time a member
of the Council, moved for the discharge of the accused, " because Thurston county had
no jail, and it would be an expense to the county to retain them in custody." Those
red-handed murderers, without the semblance of. a trial, were set at liberty. At that time,
there were many in the community who denounced that needless, unprovoked homicide
as a wanton murder, and the miserable travesty on law and justice which succeeded its
commission.
Unfortunately, its results did not end with that discharge. The murderers escaped
even a trial for their misdeeds ; but several innocent lives were sacrificed to atone for that
mercenary slaying of that northern chief near the city of Olympia. The murdered man
was a prominent chief of a tribe of Stikeen Indians, whose dwelling place was near Sitka,
in Russian America. In the latter part of May, Indians of that nation came from their
northern homes in large numbers to Puget Sound, to avenge that death, — not alone to
visit punishment upon those who had occasioned his death. They cared not particularly
for the wrong-doer ; but his race must pay for that loss by an equal or greater sacrifice.
As he was a chief, the}' exacted two lives for one. In ten large war canoes, each carrying
between fifty and sixty well-armed braves, the avenging expedition arrived at Vancouver
Lsland. There, mistaking one Charles Bayley, a settler upon that island, for an American,
they initiated their work of reciprocal murder, — their enforcement of their traditional law
of retaliation and compensation. A party of eight of the savages shot and fatally wounded
Bayley. Governor Douglas, having heard of the raid, immediately dispatched a force to
pursue and capture the murderers. The Indians, who had too much the start, eluded
their pursuers among the islands and escaped in the direction of Bellingham Bay.
On Saturday, May 24th, at about noon, two of those large canoes, each manned with
fifty or sixty Northern Indians, approached Bellingham Bay from the direction of
\'ancouver Island, and landed on the beach opposite to the house of a Mr. Clayton.
Entirel}' unarmed, he walked down to meet them, when they surrounded him and proposed
: selling to him blankets. Their conduct excited his suspicion as to their friendliness of
motive. Under pretense of going to his house for mone}^ to pay for the blankets offered,
he fled to the woods, and was pursued for a considerable distance. He ran to the house of
470 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Captain Pattle, some five miles distant, where he took refuge. There happened to be
there several Bay Indians of the Lummi tribe, whom he induced to warn the settlers.
Captain Pattle, Clayton and five other Whites, all unarmed, except that in Pattle's cabin
there was an old musket with a broken lock, manned a canoe and paddled out from shore
a sufficient distance to enable them to observe the movements of the enemy either upon
land or water, and make good their escape if pursued. They anchored the canoe abreast
of Captain Pattle's cabin, and remained in it reconnoitering the enemy until near midnight
of Sunday. Then they noiselessly paddled ashore, thinking they had baffled their
besiegers ; but in this they were grievously mistaken, as the sequel proved. Two of the
white men remained in the canoe as a guard. Their movements had been watched by the
war party, who immediately pursued. The retreating settlers, with the hope to deter the
advance of their foe, fired off the old musket with the aid of a coal ; and a volley of
twenty or thirty shots was returned. The settlers then fled to the timber. The Indians
hurriedlj' retired after firing the volley. The settlers' canoe, in which the two guards had
remained, was afterwards found to be riddled with shot. In the bottom was found a pool
of blood. Before the party on shore had fled, the two guards had been heard urging each
other to piish off the canoe and effect their escape. By the words used and the replies, it
it was evident that both had been disabled by that volley from the Northern canoes. The
names of those two iinfortunate men, who lost their lives to atone for the crime committed
by Butler and Burt, were David Melville and George Brown. After thej^ had been
murdered, their heads were severed from their lifeless bodies, and carried north by the
avenging raiders.
The Indians, before they left Clayton's house, to which they went upon his flight,
stripped it of every valuable article. Two days later they attacked and fired into the
house of Alonzo M. Poe. Having thrown the bay settlers into a state of consternation,
and aroused them to organized defense, the Stikeens went to Whidby's Island, attacked
the houses of Captain Hathaway and R. B. Holbrook while absent, and appropriated
blankets, ammunition, groceries and provisions, indeed everything which could be carried
off. Subsequently, they robbed the residences of several other settlers on Whidb3''s Island,
and then, satiated and satisfied with the murder and mischief they had done, headed for
their northern homes. By the time the news of these depredations had reached Olympia,
those marauders and pirates were well on their way to their northern abode. There was
no vessel to pursue them, no means at hand to punish their predatory excursions, nor to
protect the settlements against those hordes of Northern barbarians. On the 3d of June,
the news having reached Olympia, Governor Mason proceeded to Fort Steilacoom to adopt
measures as far as practicable to restore quiet to the northern settlements. He visited the
lower Sound. A company of volunteers were enrolled at Olympia, of which Colonel
Isaac N. Ebey, Collector, was elected captain, who held themselves in readiness to go upon
call.
The Indians of the Sound tribes were also at this time a source of considerable
anxiety to the territorial authorities. In several localities their friendship was questionable,
and their conduct was calculated to excite apprehension, though no actual indication of
hostility was manifested nor even threatened. This state of feeling was attributable to
several causes. There was not any immediate fear of the Whites molesting the Indians.
The conduct of the settlers was uniformly friendly; and the Indians near the settlements
were glad to perform labor for the settlers, their women to do housework, and furnish fish,
game, berries, etc., to the Whites, and receive compensation therefor. Indeed, there was a
INDIAN DISTURBANCES ON PUGET SOUND. 471
reciprocal feeling of dependence by the settlers and their aboriginal neighbors. Yet there
was a .suspicious feeling of unrest, a seemingh* unsatisfied series of grievances or
jealousies which might develop into hostilit}^ by an act of indiscretion or injustice on the
part of the settlers. A number of white settlers had been murdered by Indians in
different sections ; and in some neighborhoods an outbreak might occur at any moment.
While it cannot be denied that the settlers on the Sound treated the Indians with uniform
fairness and liberality, nor be truthfully charged that the American settlers committed
acts of cruelty upon the Indians, or gave them provocation, still there were latent reasons
rendering necessary the exercise of caution and justice in the dealings of the Whites with
the native population.
The inexcusable act of Butler and Burt stands alone in the history of American
settlement on Puget Sound. It was committed against one of a people who lived at a
great distance, with whom the Sound tribes had no sympathy. In truth, they much dreaded
the visits of those Northern hordes, and feared them more than the Whites. Hence that
wanton act, however illustrative of the madness of the conduct of irresponsible Whites,
had no influence whatever in antagonizing the native Indian mind on Puget Sound against
the settlers, or in provoking hostile feelings, or in intensifying the danger from their
presence. The traditional law and custom of the Sound tribes also exacted a life for a life,
or some fixed valuation of propert}-, as compensation to the survivors of the deceased; nor
could they appreciate or be reconciled when the}' had to surrender more than one to expiate
the murder of one outlaw. Indian law was satisfied if a like number were exchanged for
punishment. It was this view of things that created disaffection by the law's execution
of accomplices, when only one party had been slain.
In the winter of 1851, a man at Crescent Harbor had been murdered by Indians.
Three years later, after the courts had been organized (at the spring term of 1854, at
Penn's Cove), an Indian was tried for that murder, convicted and hung. A surveyor
b}- the name of Hunt, who unarmed and alone was peaceably pursuing his profession
on the Swinomish slough, was murdered by Indians. When the first court was held
at Whatcom, two Indians were tried for that murder, convicted and executed. In
Februar}', 1S53, William Young started from Seattle with a crew of two Snohomish
Indians for the east side of Whidby's Island. On his way, the Indians murdered and
robbed him. When it was ascertained that Young had been murdered, Thomas S. Russell,
a deputy sheriff of King county, Dr. Charles Cherry, F. M. Syner and R. R. Phillips
went with a crew of four Indians to Holmes Harbor, Whidby's Island, and arrested the
two murderers. A rescue was attempted by the tribe. In the struggle, Dr. Cherry was
mortall}- wounded, and died the next day, March 6, 1853. None of the arresting party
escaped severe wounds. One of their Indian crew was mortally wounded, and shortly
died. The others escaped. One of the prisoners was killed, the other escaping.
It will be readil}' appreciated that such acts as these on the part of the white men,
however laudable and commendable, were naturall}- calculated to leave exasperated
feelings. They might not openly exhibit hostility ; but sooner or later those feelings
might manifest themselves in an outbreak of a band, or in acts of sullen and murderous
revenge against unprotected Whites. In 1853, near Seattle, a white man had been
killed by an Indian, and buried on the shores of Lake Union. That killing of a man
unmissed would have remained unknown ; but the Indians themselves reported the
murder. The body was disinterred ; but the victim was a stranger whom no one could
identify. For that murder, two Indians were hanged on the accusations of their people.
472 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
without a trial. Their guilt was established according to the custom of the red mau;
and the people of that race sympathized with the executioners and clamored for the
punishment of the two outlaws and desperadoes of their race of whom they lived in
constant fear. Shortly afterwards, at Seattle, an Indian killed his wife. On the day
that horrible crime was committed, he was hanged b}' white men. He was an outlaw,
called by his people a bad Indian ; and they should have punished him, not the white
population of Seattle. Three white men, who were accused of participating in that
execution, were indicted for murder. One of them stood his trial for murder. The
case was stubbornly contested. The Judge denounced mob violence, and charged the
jury that it afforded no excuse. The jur}' remained out all night; but the prisoner
was finally acquitted. The Prosecuting Attorney, Frank Clark, Esq., then entered a
nolle prosequi in the case of the other two.
That Indian murderer, so hated by his people as to warrant them in having demanded
his punishment, had friends; and so it is said and believed that two white men, respectively
named Rodgers and Phillips, soon afterwards were murdered in cold blood by Indians to
expiate the death of that Indian who had killed his wife, and had paid the penalty by
having his own taken b}- an enraged populace. Indians said that Rodgers and Phillips
suffered death to expiate the killing of the uxoricide. These circumstances are here
detailed as exhibiting some of those underlying causes which serve to illustrate the
surroundings of the settlers at that period. The}- will also measurably explain the status
of the Indian mind towards the white population. Through the wise and conciliatory
conduct of Governor Mason, the patriotic and prudent course of the settlers, and the very
general kindly feeling between the settlers and Indians, fostered b}^ a feeling of mutual
dependence on each other, hostilities were, for the time, averted, and quiet restored.
Colonel Ebey, collector of customs, in May, 1854, in the sloop Sarah Stone, made an
official tour to points down the Sound. While mainly prompted in the line of his official
duty as a revenue officer, incidentall}' his labors were directed to ascertaining the cause
and extent of the then existing Indian troubles. On visiting San Juan Island, he found
over three thousand head of sheep, cattle, horses and hogs, and was informed by those in
charge that such stock had been imported, in December, 1853, from Vancouver Island, and
that no attempt had been made to enter the same at the United States custom-house, nor
to tender or pay duties. Collector Ebey, upon his arrival on the island, was visited by
Charles James Griffin, who informed him that he was a justice of the peace, and had come,
in the name of Governor James Douglas, to inquire the occasion of his visit to the island.
Collector Ebey declined to answer questions. On the next da}-, the Hudson's Bay
Company's steamer Otter arrived in the harbor, having on board Mr. Sangster, collector
of customs of Fort Victoria, who, on coming ashore, demanded of Collector Ebej^ his
business upon San Juan Island. Ebey replied that he was on "official business as collector
of customs of the district of Puget Sound." Whereupon Collector Sangster informed
Collector Ebey that he should " make seizures of all vessels and arrests of all persons found
navigating the waters west of the Rosario Straits and north of the middle of the Strait
of Juan de Fuca." To which Collector Ebey responded that an United States revenue
officer should be established upon the island to enforce the revenue laws of the United
States, where the same were attempted to be violated. He expressed the hope that, in
the performance of official duties, the United States officer so left would not meet with
any person so rash as to interfere with his performance of dut}^, under pretense that the
party interfering was an officer of the British government, or was employed by the colonial
authorities of Vancouver Island.
G. P. KUYKENDALL.M.D.
POMEROY, W. T.
CONGRESSIONAL LEGISLATION FOR THE TERRITORY. 473
Collector Sangster then notified Collector Ebey that James Douglas, Governor of
Vancouver Island and Vice-Admiral of the British Navy, was on board the Otier, and, if
Collector Ebey wished to see him, the governor would receive him. Collector Ebey
replied that if Governor Douglas had official business with Collector Ebey, and desired an
interview, he would receive him at his tent on shore. Sangster then retired to the steamer,
and returned to the shore with a boat and crew; and the Otter immediately steamed out
of the harbor. The next morning Collector Ebey appointed and swore in Captain Henry
Webber as an United States inspector of customs. Webber's instructions were given in
the presence of Mr. Justice Griffin and Collector Sangster, who threatened to arrest Webber
and carry him to Vancouver Island. Shortly after Ebey's departure, an attempt was made
to arrest Webber ; but it was abandoned. Captain Webber shortly after made a visit to
Victoria ; and no trouble grew out of the two collectors asserting revenue jurisdiction over
the then disputed island of San Juan.
Governor Stevens, then in Washington City, having been advised of the raids made
by the Northern Indians, and of the unsettled state of mind of the settlers on the lower
Sound, as also the questionable attitude of the native tribes, made application August 15,
1854, to the Secretary of War for one thousand stand of arms, one hundred thousand
cartridges and a small number of revolvers, to be placed in a depot at Fort Steilacoom, in
charge of the commandant of that post, subject to the requisition of the governor of the
territory. With hardly a corporal's guard of United States troops in the territory, without
even a revenue cutter upon the Sound to drive those marauders from these waters, yet the
answer made, August iSth, by the Secretary, was that "the territory is not entitled to and
cannot be supplied with arms until the return of the effective militia therein is received."
Comment is unnecessary on this continued neglect of the government to protect the
frontier settlements. The presence in the territory of that requested quota of arms and
ammunition, so rightfully due to the territory, especially as the government had no
disposition to station sufficient forces within it, would by its moral effect alone upon the
Indians have averted the war which so soon followed. And if, with one thousand armed
militia, an outbreak had occurred, will it be questioned that our people would have made
quick work in restoring peace, with but trifling expense to the general government ?
During the first session of the Thirty-third Congress (1853-54), much beneficial
legislation had been accomplished for the territory. The amendatory act of July 17, 1S54,
to the Donation law (September 27, 1850), provided that a Donation claim should be
restricted to lands settled upon for purposes of agriculture, and should not in any case
include a townsite, nor lands settled upon for purposes of business or trade ; and all legal
subdivisions included in whole or in part in such townsites, or settled upon for business
or trade, should be subject to the operations of the act of May 23, 1844, for the relief of
'certain citizens of towns. That provision was, however, liberally construed by the general
land-office; and a settlement taken for agricultural purposes, which subsequentl}^ became
a townsite or business location, was not affected by the statutory inhibition. The proviso
to section one lessened the period of continuous residence, to acquire a right of purchase,
to one year. Contracts for the sale of land were made valid after completion of residence,
instead of issuance of patent, as provided by the original law. The time for giving notice
of Donation claims was extended to December r, 1S55. The provisions of the pre-emption
law were extended over the territory. Two townships of land were reserved for university
purposes. It secured to orphans, whose parents or either of them, while living, would
have been entitled to the benefits of the act, a quarter section of land. It authorized the
474 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
President to appoint a register and receiver, to hold their offices at snch place as he should
direct, established the territory as a separate survej'ing district, and created the office of
surveyor-general of the territory (i). A large appropriation was made to effect the
extinguishment of the Indian title to the lands in the territor}-. Lighthouses were
ordered to be erected i:pon the waters of Puget Sound ; and an appropriation therefor was
made. Mail routes were extended so as to embrace all the settlements on Puget Sound
and its adjacent waters, and from the valley of the Columbia, by Cceur d'Alene Mission,
to Fort Benton.
The delegate, assisted by his able coadjutor. Governor Stevens, and the Oregon
delegate, General Joseph Lane, urgently pressed the passage of acts providing for marking
the northern boundar}' of the L^nited States westward from the Lake of the Woods to the
Pacific Ocean, and to provide for the creation of a commission to investigate the claims of
the Hudson's Bay and Puget Sound Agricultural Companies, and to report for what sum
their possessory and other rights in the territory could be extinguished by purchase.
Both these measures were passed in one branch, but failed in the other.
It may properly be noted, that the cruel massacre of the Ward part}-, consisting of
twenty-one immigrants, near Fort Boise, on the aSth of August, b}^ a party of Weuet
Indians (a band of the Snake or Shoshonee nation), created great consternation, and added
to the general and growing solicitude as to the uncertain relations between the settlers and
their aboriginal neighbors. A force was dispatched from Fort Dalles under command of
Major Granville O. Haller, U. S. Army, consisting of United States troops (Fourth
lufantrj'), and a company of thirty-seven volunteers, composed of immigrants and settlers
near The Dalles, in command of Nathan Olney (2). On the iSth of September, Governor
Currj^ of Oregon called for two companies of volunteers. He suggested to Major Raines,
U. S. Army, the commandant of Fort Dalles, the co-operation of those volunteers with
the regulars ; but that officer declined such co-operation, and, on the 23d, the Governor
countermanded the call.
In the month of September, 1S54, Governor Stevens, as superintendent of Indian
affairs, submitted a report to the Indian Bureau, in which he estimated the total Indian
population of Washington Territory as follows : Tribes east of the Cascade Mountains,
6,500; tribes west of the Cascade Mountains, 7,599. The names of the nations, tribes
and bands were given, with their respective numbers. The territory inhabited by each
was delineated on a map accompanying. The extinguishment of the so-called Indian title
to lauds within the territory had long and persistently been demanded by the citizens.
The titles to their land claims remained in abe3'ance until such action had been
consummated by the government. It is foreign to the purpose of the narrative to inquire
or settle the measure of title or possessory right the aborigines possessed or could set
up by reason of their roaming over or frequenting at uncertain intervals any particular
area. It was surely transitory, vague and uncertain ; but the government had long
recognized this traditional proprietorship. It had concluded itself, in its land laws, to
extinguish such title or claim before recognizing the right of a settler, or confirming to
him a title to land.
Hence, it was a matter of individual interest to every settler upon the public land of
the territory that this title should be extinguished ; for till such extinguishment he could
not receive from the government a title to his home. It is true that no Indian had ever
(0 See ante, the appoiiitmeut of the first surveyor -general.
(2) The beariug aud intimate connection of this massacre and its attempted punishment is more properly of the series of acts leading
directly up to, if not a preliminary of, the Indian war. -which shortly followed, in the account of which it will be more fully narrated.
REPORT OF GOVERNOR STEVENS TO INDIAN BUREAU. 475
set up claim to land settled upon. Yet was sucli course advisable to assure the maintenance
of peaceful relations with the Indians ; for they had been taught that they had some claim
or interest to sell to the government. Just what, thej^ did not appreciate, for they had
never claimed anything as between themselves ; and land or landed possessions had
never been taken into consideration bj' them as propert}'. It is readil}^ conceded that it
was polic}' to assume that the government was purchasing this claim, or the right to
traverse and dispose of the lands. Such purchase or gift at least created a right whereby
the government could assert authorit}^, and that too, with the Indians' consent, to control
the Indian, to designate the territory to which he must confine himself, and also to assume
a police regulation, and place the Indian where he could do the least harm to the Whites,
if evil-disposed, as well as be protected from annoyance, outrage or fraud by designing,
unscrupulous and irresponsible Whites. Such at least was the philanthropic view of
Governor Stevens when writing that report. He had treated fully as to the number,
peculiarities and surroundings of the various tribes ; in it is set forth the s/a/us of certain
bands, and the discipliuary system adopted to secure good order, and promote peace to the
settlements. He referred to the refractorv spirits among them, and the steps taken to
keep them in proper subjection. Of a large tribe who had caused much trouble and
auxietv to American settlers, who still adhered to their British preferences, which
measurably occasioned their quasi independence, and their insolent indifference to
American restraint, he said :
" The Clallams, as well as the jMakahs and .some other tribes, carrj- on a considerable
trade with \'ancouver Lsland, selling their skins, oil, etc., and bringing blankets in
return. At present it is hardly worth while to check this traffic, even if it Avere possible;
but, when the white population increases, it may become necessary as a revenue measure.
In any treaties made with them, it should enter as a stipulation that the}' should confine
their trade to the American side. A part of the Clallams are permanentl}- located on
that island ; and it is believed that their language is an extensive one. The I^ummi,
on the northern shore of Bellingham Bay, are a branch of the same nation. This tribe
have, within the last year, been guilty of the murder of three Americans, as well as of
several robberies, — for the first, that of a man named Pettingill. One of the two
perpetrators was secured by arresting the chief, and has been in custody some two
months at Steilacoom awaiting his trial. The other case was the murder of Captain
Jewell, master of the barque John Adams, and of his cook, and was unknown until
recentl}', as it was supposed that Jewell had absconded. In both instances the parties
had considerable sums in their possession, which fell into the liands of the Indians.
On learning of the last affair, a requisition was made by me upon the officer commanding
the military post at Steilacoom, and a party promptly dispatched there to support the
special agent in securing the criminals. Some severe lesson is required to reduce them
to order, as their natural insolence has been increased by the weakness of the settlements
near them, and b_v the facility with which they can procure liquor. The establishment
of a militar}' post at some point on the strait would be ver}- desirable for the purpose of
overawing them and their neighbors."
Our people were in a tinder-box, on all j^roper occasions reminding the general
government of the great fact that the earh^ settlers, while laying the foundation of a
future commonwealth which should contribute grandeur to the American name, were
hazarding the lives of themselves, and those dependent upon them, tlirough the
negligence and failure of dutj- of the government, who had invited them hither under
the implied pledge of protection.
476 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Governor Stevens' report furuished an illustration of a trait of Indian character
which teaches the necessity' of watching them closely, and acting judicionsly to avoid
their enmity and the danger therefrom : "The jealousies existing among all these petty
bands, and their fear of one another, is everywhere noticeable in their establishing
themselves near the Whites. Wherever a settler's house is erected, a nest of Indian
rookeries is pret'ty sure to follow, if permitted ; and, in case of temporar}' absence, they
always beg storage for their valuables. The compliment is seldom returned ; though it
is often considered advantageous to have them in the neighborhood as spies on others.
Some amusing traits of character occasionally develop themselves among the Indians,
of which an instance happened with these. A saw-mill was erected during the last
autumn upon the outlet of the lake, at a place where the}- are in the habit of taking
salmon. The fisher}- was much improved by the dam ; but what afforded the greatest
satisfaction to them was its situation upon their property, and the superior importance
thereby derived to themselves. They soon began to understand the machiner}-, and took
every visitor through the building to explain its working, and boast of it as if it had been
their own construction."
Having thus fully exhibited that he had studied the traits of character of individuals,
as well as the strength and the needs of tribes, he concluded : " Although ray attention
has been earnestly directed to the measures which should be adopted for ameliorating the
condition of the Indians in Washington Territor}-, I do not propose here to enlarge upon
this subject. As the duty will devolve upon myself to negotiate treaties with the Indians
of the territory, and, in conjunction with another commissioner, with the tribes of the
Blackfoot nation, it would be obviously improper to commit myself to views which might
need modification when deliberate consultations shall take place with the Indians in
council. The great end to be looked to is the gradual civilization of the Indians, and their
ultimate incorporation with the people of the territory. The success of the missions
among the Pend d'Oreille and Coeur d'Alene Indians, and the high civilization, not to say
refinement, of the Blackfoot women, who had been married to Whites, shows how much
may be hoped for.
" It is obviousl}' necessar}' that a few reservations of good lands should be large
enough to give to each Indian a homestead, and land sufficient to pasture their animals,
of which land they should have the exclusive occupation. The location and extent of
these reservations should be adapted to the peculiar wants and habits of the different
tribes. Farms should be attached to each reservation, under the charge of a farmer
competent fully to instruct the Indians in agriculture and the use of tools. ,Sucli
reservations are especially required in consequence of the operation of the Donation Act,
in which, contrary to usage and natural right, the United States has assumed to grant,
absolutely, the lands of the Indians without previous purchase from them. It has followed
that, as settlers poured in, the Indians have been thrust from their homes without any
provision for their support. In making the reservations, it seems desirable to adopt the
policy of uniting small bands under a single head. The Indians are never so disposed to
mischief as when scattered, and therefore beyond control. When they are collected in
large bands, it is always in the power of the government to secure the influence of the
chiefs, and through them to manage the people. Those who at present bear the name
have not sufficient authority ; and no proper opportunity should be lost in encouraging
them in its extension. In conclusion, I would express the hope that the administration of
Indian affairs in this new and interesting field may illustrate, not so much the power, as
the beneficence and paternal care of the government.''
JOHN FLETT,
LAK E VI EW, W T.
JOHN CARSON,
TACOM A , W.T.
TREATIES WITH INDIAN TRIBES. 477
These extracts are presented to show the animus of the man who was about to enter
upon the duty of treating with the native tribes of Washington Territory for the cession
to the United States of whatever right of territory had attached indefinite!}^ to a large
area, and in exchange the conferring upon them of tangible, well-defined benefits. Many
of the beneficent suggestions he then made have since been adopted as the best solution
of the problem of Indian proprietary rights to reserved lands. In the month of December,
the governor had returned to Olympia. He delivered to the legislature, 1854-55, which
there convened on the first Monday of that month, his annual message. It detailed the
services he performed at the national capital, rehearsed briefly congressional proceedings
regarding the territory, urgently pressed the importance of immediate organization of the
militia, alluded to the massacres of immigrants on the plains during the past year, and
recommended memorializing Congress to place upon that trail such a force as will inflict
summary chastisement on hostile Indians, and render it safe for our immigrants moving
in small bodies. In that document will be found an admirable exhibit of territorial
resources, and the claim of the territory to the fostering care of the national government,
the geological survey thereof, and the building of necessary roads. After invoking the
attention of the legislature to the necessity of erecting proper places for the confinement
of those who had violated the law, he concluded his message : " In closing this
communication, I will indulge the hope that the same spirit of concord and exalted
patriotism which has thus far marked our political existence will continue to the end.
Particularly do I invoke the spirit in reference to our Indian relations. I believe the time
has now come for their final settlement. In view of the important duties which have been
assigned to me, I throw myself unreservedly upon the people of the territory, not doubting
that they will extend to me a hearty and generous support in my efforts to arrange, on a
permanent basis, the future of the Indians of this territory."
As soon as the session of the legislature had commenced its labors, Governor Stevens
at once actively entered upon the duty of treating with the Indian tribes west of the
Cascade Mountains. The first treaty, known as the "Medicine Creek Treaty," was
concluded and signed December 26, 1854, and was ratified by the United States Senate
March 3, 1855 (i). By it the Nisqually, Puyallup, Steilacoom and other tribes and bands
of Indians " occupying the lands l^'ing round the head of Puget Sound and the adjacent
inlets, who, for the purposes of this treaty, are to be regarded as one nation," relinquished
and conveyed their right, title and interest in the country occupied b}- them, reserving
three small tracts, each containing two sections of land. Upon these reservations, they
were to remove within one year after tlie ratification of the treaty. No white man was to
reside upon said reservations without their permission, and that of the superintendent or
agent. Until they removed to such reservations, the}^ were at liberty to occupy an}' land
unclaimed by a citizen, or to go upon a citizen's land with permission of the owner. If it
became necessary to cross said reservations by a public road, the right of wa}' was allowed;
and to each was assured a right of way to secure free access to any public highway. The
right of taking fish at usual and accustomed grounds, in common with citizens, and the
privilege of erecting temporary houses to cure the same, of hunting, gathering roots and
berries, and pasturing their stock on open and unclaimed lands, were all guaranteed ; but
the}' were not to take shell fish from beds marked or cultivated by citizens.
For the territory thus divested of Indian possessory right, the United States
covenanted to pay $32,500, in manner following: For the first year after ratification,
^i) riiited Statutes at Large, Vol. X, page 1,132.
478 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
$3,250; for the next two 3-ears, $3,000 each year; for the next three years, $2,000 each
year; for the next four years, $1,500 each year; for the next five years, $1,200 each year;
for the next five years, $1,000 each year. To enable the Indians to settle upon the
reservations, to clear, fence and break up necessary tillable land, the United States was to
pay the sum of $3,250. In all the treaties which follow, it is proper to remark that a
payment is guaranteed for the objects above-mentioned equal to ten per centum of the
consideration for the release. The Indians consented to be removed to other reservations,
or to be consolidated with other bands and be located upon a large central agency for all
the Indians, provided they were indemnified for any improvement thej' might sacrifice in
such removal. Reserved lauds, at the discretion of the President, may be surveyed into
lots which may be assigned to individuals or families, who will locate and make a
permanent home. Annuities shall not be taken to pay the debts of individuals. The
Indians acknowledge their dependence on the United States, and promise friendship with
the citizens thereof, and pledge themselves not to commit depredations on the property of
any citizen. Violations of this pledge shall be followed by the return of the property;
or, if injured and destroyed, compensation shall be made by the government out of the
annuities. No tribe will make war on another tribe, except in self-defense, but will
submit all matters of difference to the agents of the government, and abide by such
decisions. In cases of depredation committed on another Indian's property, the same rule
applies as in the case of white persons ; and they will not shelter nor conceal offenders
ao-ainst the laws of the United States, but deliver such offenders to the authorities for trial.
Ardent spirits are to be excluded from the reservation. If an Indian bring it there and
drink it, his annuity may be withheld.
Within one 3'ear after the ratification of the treaty, the United States is to establish
at the general agency for Puget Sound district, and support for twenty 3'ears, an industrial
and agricultural school free for the children of these bands in common with those of other
tribes, and provide teachers; also a smithy and carpenter shop, and furnish the necessary
tools; and employ a blacksmith, carpenter and farmer for a term of twenty years to
instruct the Indians in those occupations respectively. A physician shall be emploj^ed
to reside at the central agency, to furnish medicine, advise and vaccinate them, all of which
expenses shall be paid by the United States, and not be deducted from the annuities. All
slaves are to be freed; and none shall hereafter be purchased or acquired. The tribes
agree that no Indian shall trade at Vancouver Island, or out of the United States, nor shall
any foreign Indian be permitted to reside on the reservations without the consent of the
superintendent or agent.
It is a noteworthy fact that the first Indian signature to the Medicine Creek Treaty is
that of Ouiemuth. His brother Leschi signed third. They were the two leading spirits
in the organization of Indian hostility in the fall of 1S55. They both infused life into that
conspiracy, and held together that hostile combination on Puget Sound. They were in
that war that Tecumseh and his brother, the Prophet, were in the war of 1S12, on the then
northwestern frontier. Natural leaders, born orators, consummate strategists, fertile in
resource and of brilliant audacit}-, they gave strength to the malcontents, and transformed a
mere outbreak into a protracted war.
The negotiations and signing of subsequent treaties followed in rapid succession (i).
The same features, privileges and conditions permeated all of them. Substantially they
(I) Except the Medicine Creek Treaty, none of the tre.ities negotiated by Governor Stevens were at the time ratified by the United States
Senate. Those that followed were ratifiedMarch S, 1S59, and proclamation made a few days later. See United States Statutes at Large, Vol. XII,
page 927 et scg.
TREATIES WITH INDIAN TRIBES. 479
are intended to be the same, so far as circumstances and surroundings will admit. They
differ of course in the description of territor}' ceded, the reservations made, and in the
amount paid by the government for the relinquishment of claim. In their negotiation,
the most scrupulous care was manifested to make plain to all the Indians every provision.
The objects and effects were thoroughlj' explained. Careful and conscientious interpreters
were employed. Every Indian was afforded the freest, fullest opportunity to give
expression to his opinion, or to urge objection. Those treaties subsequently negotiated
are as follows :
The Point Elliott Treaty, signed at Muckelteo, January 22, 1S55, was ratified by the
Senate March 8, 1S59. It was between the United vStates and the Dewamish, Snohomish
and other tribes on the east side of the Sound, from Puj-allup northward to the boundary
line, and eastward to the Cascade Mountains. Among the chiefs who signed were the
venerable Seattle and the crafty Patkanim. The purchase money was $150,000. The
Point-no-Point Treaty, signed January 26, 1855, 1'atified March 8, 1S59, was with the Clallam
nation, the tribes and bands living upon the Strait of Fuca and Hood's Canal, for the
country occupied by them. The sum paid was $60,000. The Neah Bay Treaty, signed
January 31, 1855, ratified March 8, 1S59, was with the Makah Indians for the country
surrounding and adjacent to Cape Classet or Cape Flattery. The consideration to be paid
was $30,000. Those treaties included all of the tribes and bands of Indians west of the
Cascade Mountains with whom it was practicable at that season to secure a council of the
tribes. There had only been omitted the Quenaitl and Quiltehutes ( i ) on the Pacific
coast, occupying the territory north of Gray's Harbor up to the south boundary of the
Makah territor}', the Chehalis tribes and those straggling bands residing in the vicinity of
Shoalwater Bay and upon the Lower Columbia, perhaps numbering a total of between
seven and eight hundred. His diplomatic labors having been completed as far as they
could be at that time, Governor vStevens returned to Olympia.
Whilst the governor had thus been engaged in treat}^ making, the legislature, which
had convened on December 4, 1854, continued in session the full term of sixty days,
adjourning the I st of February, 1853. It passed amendments to the school, road and
fence laws, and changed the time of holding the general election to the second Monday
of Jul}'. A crude militia law was passed, which provided for the enrollment and
organization of the militia, sufficient however to meet the objection of the Secretary of
War, and to entitle the territorj^ to its quota of arms and ammunition. Chehalis county
was detached from the second judicial district and annexed to the first district for judicial
purposes. Chief Justice Lander and Associate Justice Chenoweth were exchanged, the
former coming to the second district, and Judge Chenoweth succeeding him in the third
district. The representation in the house was increased from eighteen to thirty members.
Considerable legislation in regard to county seats and county lines was accomplished.
The marriage law was altered, not amended. It was made to declare that all marriages
were void between parties where one of the spouses was a white person and the other
more than one-fourth negro or one-half Indian blood, except that parties within the
proscribed classes then unlawfully living together could marry ; and such marriage
would not be a violation of the amendatory act. A penalty of not less than fifty nor more
than five hundred dollars was to be imposed against clergymen or judicial ofiicers
(il These two bands were negotiated with, and the ffa.vs of a treaty agreed upon Julv i. iS^s. at a meeting on the Quenaitl river. The formal
treaty was signed at Olympia on the 25th of January, 1K56, after the "return of Governor Stevens from the Blackfoot council. It is called the
" olympia Treaty."' The territory ceded is on the Pacific coast, between the south boundary of the Makah country and Gray's Harbor. The
purchase money was $2;\,ooo.
480 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
solemnizing such marriage. The sale, exchange or gift of liquor to Indians was made a
territorial misdemeanor, subjecting the party convicted to a penalty of not less than
twenty-five nor more than five hundred dollars. Much of the session was devoted to the
consideration of measures providing for the location of the public territorial buildings.
A number of acts were generally passed whereby the university was located at Seattle,
the penitentiary at Vancouver, and the seat of government at Olympia. The Penitentiary
Bill located that in.stitution at the count}^ seat of Clark county, provided ten acres of land
were donated to the territor}^ free of expense, " the deed thereof to be satisfactory to the
commissioners " to be appointed. An act followed appointing a commission to select the
site and superintend construction, defined the duties of said commissioners, and prescribed
the capacity of said institution : " Cells to confine separately one hundred convicts at
night" (i).
The location of the university gave occasion for the passage of several bills. One
established the university at Seattle, and located a branch upou Boisfort Prairie in Lewis
county. Of the congressional reservation of two townships of land for university purposes,
the act assigned one township to the main institution, the other to the branch. Both
were placed upon the same footing, the difference alone being in the name. The act was
an attempted location of two universities, the splitting of a grant wisely intended by
Cono-ress for one only. Commissioners were appointed to select and locate the two
townships of laud granted for university purposes ; but they were restrained from
selecting more than two sections each, prior to the meeting of the next session of the
legislature (2).
The seat of government was established upon ten acres of land upon the Donation
claim of Edmund Sylvester, immediately south of the platted townsite of Olympia. The
places contending as sites for the capital were Olympia, Steilacoom and Vancouver.
Having located the seat of government, the act to take eff"ect fifteen days after passage of
the bill, a joint committee consisting of three from the Council and two from the House
were appointed to examine the title to the land donated. Alexander S. Abernethy,
Benjamin F. Yantis and Henry Miles were appointed on the part of the Council. William
H. Wallace and Timothy Heald were the House members of that commission. Colonel
Wallace acted as chairman. He, with Messrs. Miles and Heald, reported the title
unsatisfactory, and recommended the repeal of the Location law. Messrs. Abernethy
and Yantis reported the title papers as exhibits, and suggested that the title was as good
as an}- title to lauds in the territory could be made. They appended to their report a
supplementary bill, instructing the secretary of the territory to file the title deeds, and to
repeal so much of the former law as made it operative after fifteen days. It declared the
Location law in force from and after its passage. The supplementar}^ bill passed. Olympia
remained the seat of government. The Assembly then, by joint resolution, requested
the governor to utilize the appropriation of $5,000, made for the purpose of erecting
temporar}- capitol buildings, which request was complied with ; and, during the summer
following, the building since used as a capitol was erected.
That legislature passed an act entitled, "An Act to prohibit the manufacture and sale
of ardent spirits in the Territory of Washington. " That law was in all respects a
duplicate of what was then called the " Maine Law." It prohibited the 'manufacture, sale
(i) Under those acts the site was located, considerable material was collected tipon the ground, and some progress made in foundation work.
Later, however, that location was abandoned before any progress had been made in erecting buildings ; nor was there ever any judicial
recoguition of Vancouver as the place where territorial convicts should be incarcerated.
(2) Nothing whatever was ever attempted to be done under either of the university location laws passed during the session of 1854-55.
^.
ULMER STINSON ESQ,
SNOHOMISH, W.T.
INDIAN BUREAU APPOINTS TREATY COMMISSIONERS. 481
or gift of spirituous liquors. It provided for au ageut to sell spirits for medicinal,
mechanical and sacramental purposes, and no other, and prescribed the duties of, and
manner of, c[ualification of such agent, imposed a penalty for violatiou of the law, and
declared that all sales, transfers, conve_vances or securities in payment for liquors null and
void. The act was to go into effect from and after November i, 1S55, if the majority of
voters at the general election in July, 1855, should vote in favor thereof, and prescribed
the manner of voting. It never went into effect. At the election, 540 voted "for," and
610 " against."
The memorials passed were few in number and upon eminently practical subjects,
which commended themselves to favor; and quite a number sooner or later secured
favorable action. The extinguishment by purchase of the rights of the Hudson's Bay
and Puget Sound Agricultural Companies ; an urgent request to reimburse the emigrant
road builders of 1853; that Olympia, San Juan Island and Shoalwater Bay might be
created ports of delivery ; that protective legislation be made in favor of the proprietors of
townsites and purchasers of lots ; for increased mail facilities, in which memorial the
prayer was incorporated to pa}' the owners of the steamer Major Tompkins (i) for carrying
the mails on Puget Sound from October i, 1S54 ; to allow the governor to accept the
services of two companies of mounted volunteers, to serve for twelve months, to protect
emigrants traveling westward from the South Pass to Oregon and Washington, and to
reduce the military reserve at Fort Vancouver to twenty acres.
Governor Stevens, as superintendent of Indian affairs, and General Joel Palmer, had
been appointed, by the Indian Bureau, commissioners to treat with the Yakima and Nez
Perce nations, and with confederate tribes of the Walla Wallas, Cayuses and Umatillas.
James Doty, late a member of the Northern Pacific Railroad survey, and who had been
appointed by Governor Stevens secretary of the treat}' commission, had in January been
detailed to visit those tribes to ascertain whether they continued of the same mind that
they had evinced to Governor Stevens in person, when he passed through their country
late in 1S53. Circumstances had recently occurred calculated to have alienated their then
pretended loyal feelings. Gold had been found in paying quantities in the northern part
of the territory, upon the bars of the tributaries of the Upper Columbia ; and many miners
had journeyed thither through territory hitherto untraveled by white men. The previous
season Major Haller of the U. S. Army, with armed United States troops, accompanied by
armed white settlers, had moved through their territory with intent to make war against
Indians, to chastise those perfidious Shoshones who had in cold blood and without a cause
murdered the immigants of 1S54 near Fort Boise. Many were soured and disaffected,
some were quasi hostile ; and yet to Mr. Doty they professed that continuing desire to
treat for the sale of their lands. They rendered the same lip-service that they had
accorded to the governor. They promised to meet him in grand council on the 20th of
May.
On the 1 2th of May, Governor Stevens left Olympia for Eastern Washington. He
stopped at The Dalles ; and, as he believed that many of the Indians were restless, he
requested of Major Rains, U. S. Army, in command of Fort Dalles, that a small body of
troops should be sent forward to the council ground to act as an escort to the commission,
as also to guard the treaty goods which were to be carried thither and be distributed among
the Indians. Major Rains detailed Lieutenant Gracie, U. S. Dragoons, with a force of
(I) The steamer Major Tompkins, aprcpeller, was brought to Puget Sounrl in September. 1.S54, by John H. Scran ton and Captain James M.
Iluiit. and was the first steamboat to engage in regular trips between Olympia and Victoria via the Sound ports. She was lost in Kebruary, 1855,
while coming out ol I'ort Victoria in a dense fog.
32
482 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
fort}- nieu, including two half-breed packers, and a Cay use Indian to act as guide, named
Cutmouth John, who was so called by reason of having been shot in the mouth in a fight
with Snake Indians. Lieutenant Grade's command was reinforced before reaching Walla
Walla by falling in with a detachment of ten men under command of a corporal, who had
been dispatched in pursuit of Indian murderers but had failed to find them. The governor
and Superintendent Palmer had arrived at the council ground before the militar}- escort.
That place of meeting had long been the traditional council ground for the meetings of
those nations; and it had been designated by Kamiakin, head chief of the Yakima nation,
in his interview with Mr. Doty, when he consented to meet in council. The goods for
distribution had been stored at old Fort Walla Walla, a trading-post of the Hudson's Bay
Compan}', then in charge of James Sinclair, a clerk in the company's service.
The Indians were tardy in making their appearance. On the twenty-fourth, the Nez
Perces, twenty-five hundred strong (i), with Lawyer, their head chief, arrived. On the
twenty-sixth came three hundred Cayuses. On the twenty-eighth, the Yakimas and the
confederate bands of Umatillas and Walla Wallas swelled the assembled number to about
five thousand. On the afternoon of the twenty-ninth, the council was formally opened by
Governor Stevens in an appropriate speech, explaining briefly the purposes for which
they were assembled. On the next da}^, both of the commissioners, in length}' remarks,
explained the objects of their presence there, which were, as the sentences were uttered,
interpreted in turn in the Nez Perce and Walla Walla tongues, — a very tedious and
protracted method. On the thirty-first, the commissioners again explained ; but no words of
response came from any Indian. On the ist of June, the Indians declined to attend council
with the commissioners, but held among themselves a council to discuss the propositions.
Upon the 2d of June, the governor, in a brief speech, opened the council. He was followed
by several chiefs in short addresses. A Cayuse chief closed with remarks unfavorable to
the treaty. Briefly Governor Stevens closed the talk ; and the council adjourned until
Monday, the fourth. Upon that day, after the council had been opened by Governor
Stevens, Lawyer, head chief of the Nez Perces, the first Nez Perce who had made a
response, made a speech in favor of the treaty. He was followed by several chiefs ; but
there seemed to be but little headway made towards any understanding except with the
Nez Perces, who, under Lawyer's lead, were ready to sign. On the fifth. Governor
Stevens spoke more lengthily and forcibly than ever. General Palmer followed, speaking
longer than an hour, attempting to illustrate to that motley horde how much satisfaction
and benefit they would enjoy by civilization. He pictured to them the advantages of
railroads and telegraphs, — "pearls before swine ; " for he received no encouragement for
his eloquence but the return of a savage grunt, the customary token of the Indian's close
attention. Stechus, an old Cayuse chief, responded briefly, but indicated no change of
sentiment on the part of that surly people. That night the Cayuses manifested
unmistakable indications of growing hostile feelings towards the soldiery wlio were on
the ground as guards, whose presence there was to resist an uprising, to c[uell disturbance,
to keep the Indians peaceable ; nor would they allow the ofiicers to enter their camps.
On the sixth, the Indians again refused to attend the council, but held a consultation
among themselves. On the next day, several chiefs participated in the speaking. An
attender of every session of that council has reported its proceedings. Except the Nez
Perces, the other Indians were still disinclined to the treaty. The Cayuses, in a body,
(]) "The ludian Council at Walla Walla," page 12. "A pamphlet printed, not published." yet graphically written, by Lawrence Kip. U. S.
.-Vrmy, who was the guest and companion of I.ieiitenant Oracle,
INDIAN COUNCIL AT WALLA WALLA. 4S3
were universall}- opposed to the treaty. Peu-peu-mox-mox, the old Walla Walla chieftain,
had abandoned his usual caution, and openl}- denounced the sale of their lands. Kamiakin
would have nothing to do with it. Joseph and Looking Glass of the Nez Perces opposed
it. The Cayuses made no disguise of their bitterness of feeling against La\vyer for his
advocac}' of the treat}-. Joseph refused to give his adherence unless it was pledged to
him that he could retain his country, the \\'allowa valley. Looking Glass, the war chief
of the Nez Perces, would not be present at the council until the eighth (i).
" Frida}', June Sth. — To-da}- it was nearl\^ three o'clock before they met. After a few
remarks by Governor Stevens, General Palmer made a long speech addressed to those
chiefs who refused yesterda}- to accede to the treaty. He told them, as they do not wish
to go on the Nez Perces' reservation (the tribes never having been friendly to each other),
he would offer them another reservation, which would embrace parts of the lands on which
they were now living. After this offer had been clearl}^ explained to them and considered,
all acceded to it, with the exception of one tribe, the Yakimas. It seemed as if we were
getting on charmingly, and that the end of all difficulties was at hand, when suddenl}' a
new explosive element dropped down into this little political caldron. Just before the
council adjourned, an Indian runner arrived with the news that Looking Glass, the
war chief of the Nez Perces, was coming. Half an hour afterwards, he, with another
chief and about twenty warriors, came in. The}' had just returned from an incursion
into the Blackfoot countr}', where there had been some fighting ; and the}' had brought
back with them, as a trophy, one scalp, which was dangling from a pole. Governor
Stevens and General Palmer went out to meet them ; and mutual introductions were made.
Looking Glass then, without dismounting from his horse, made a short and very violent
speech, which I afterwards learned was, as I suspected, an expression of his indignation
at their selling the country. The council then adjourned.
" Saturday, June 9th. — This morning the old chief. Lawyer, came down and took
breakfast with us. The council did not meet till three o'clock ; and matters seem now to
have reached a crisis. The treaty must either be soon accepted, or the tribes will separate
in hopeless bad feeling. On the strength of the assent yesterday given by all the tribes,
except the Yakimas, the papers were drawn up and brought into the council to be signed
by the principal chiefs. Governor Stevens once more — for Looking Glass' benefit —
explained the principal points in the treaty, and among other things told them there
would be three reservations, the Cayuses, Walla Wallas and Uniatillas to be placed upon
cue, the Nez Perces on another, and the Yakimas on the third, and that they were not to
be removed to these reservations for two or three years. Looking Glass then arose and
made a strong speech against the treaty, which had such an effect, that not only the Nez
Perces, but all the other tribes, refused to sign it. Looking Glass, although nominally
only the second chief, has more influence than Lawyer, and is in reality the chief of the
different Nez Perce tribes. Governor Stevens and General Palmer made several speeches
to induce him to change his decision ; for, should he do so, the other chiefs would follow
his example. But their efforts were in vain ; and the council was obliged to adjourn until
Monday.
" Monday, June i ith. — Before breakfast we had a visit from Lawyer, with some other
Indians. At ten o'clock the council met. Governor Stevens opened it with a short
speech, at the close of which he asked the chiefs to come forward and sign the papers.
This they all did without the least opposition. After this was over, the presents wliich
(1) Lieuteuaut Kip's journal of the Walla Walla council, before cited.
484 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
General Palmer had brought with him were distributed; and the council, like other
legislative bodies, adjourned sine die. We have now ended our connection with the
council, and bid adieu to our Indian friends. It is therefore an appropriate place to say
that we subsequently discovered we had been all the while unconsciousl}- treading on a
mine. Some of the friendly Indians afterwards disclosed to the traders that, during the
whole meeting of the council, active negotiations were on foot to cut off the Whites.
This plot originated with the Cayuses, in their indignation at the prospect of being
deprived of their lands. Their programme was first to massacre the escort, which could
be easily done. Fifty soldiers against three thousand Indian warriors, out on the open
plain, made rather too great odds. We should have had time, like Lieutenant Grattan at
Fort Laramie last season, to have delivered one fire ; and then the contest would have
been over. Their next move was to surprise the post at The Dalles, which they could
also easily have done, as most of the troops were withdrawn, and the Indians in the
neighborhood had recently' united with them. This would have been the beginning of
their war of extermination upon the settlers. The only thing which prevented the
execution of this scheme was the refusal of the Nez Perces to accede to it ; and, as they
were more powerful than the others united, it was impossible to make this outbreak
without their concurrence. Constant negotiations were going on between the tribes,
but without effect ; nor was it discovered by the Whites until after the council had
separated."
The official proclamation of the conclusion of the treaty bears date the 12th of June.
By that notice it is recited that the terms were agreed upon on the ninth, though the
signatures were exchanged on the eleventh. Care has been taken to exhibit all that was
done, and how it was done, though "it were not done c^uickly" at that memorable council;
for those lands ceded became the battle ground of the war, so soon thereafter initiated and
waged for a number of years ; and the perfidious wretches who signed it were the chief
actors. The cessions of territory, together with the reservations, were as follows :
By the Yakima nation, fourteen bands including the Palouse tribe, the land included
within the following boundaries was ceded to the United States, to wit : Commencing at
Mt. Ranier ; thence northerly along the main ridge of the Cascade Mountains to the point
where the northern tributaries of Lake Chelan and the southern tributaries of the Methow
river have their rise ; thence southeasterly on the divide between the waters of Lake
Chelan and the Methow river to the Columbia river ; thence crossing the Columbia, on
a true east course, to a point whose longitude is one hundred and nineteen degrees and
ten minutes; thence in a true south course to the forty-seventh parallel of latitude;
thence east on said parallel to the main Palouse river ; thence down the Palouse river to
its junction with the southern tributary of the same ; thence in a southeasterly direction
to the Snake river at the mouth of the Tukanon river ; thence down the Snake river to
its junction with the Coluinbia river; thence up the Columbia river to the "White
Banks " below Priest's Rapids ; thence westerly' to " La Lac " ; thence southerly to a
point on the Yakima river called Toh-mah-luke ; thence in a southwesterly direction to
the Columbia river at the western extremity of the " Big Island,'' between the mouth of
the Umatilla river and Butter creek ; thence down the Columbia river to midway between
the mouths of White Salmon and Wind rivers ; thence along the divide between said
rivers to the main ridge of the Cascade Mountains ; and thence along said ridge to the
place of beginning.
J. a. BALL, ESQ.
STERLING, W T
PIONEER OF 1853.
CESSIONS OF TERRITORY MADE AT WALLA WALLA COUNCIL. 485
There is, however, reserved from the land above ceded, for the exclusive use and
occupation of said confederate tribes and bands of Indians, the tract of land included within
the following boundaries, to wit : Commencing on the Yakima river at the mouth of the
Attahnam river ; thence westerl}- along said Attahnam river to the forks ; thence along
the southern tributary to the Cascade Mountains ; thence southerly along the main ridge
of said mountains, passing south and east of Mount Adams, to the spur whence flows the
waters of the Klikitat and Pisco rivers ; thence down said spur to the divide between the
waters of said rivers ; thence along said divide to the divide separating the waters of the
Satass river from those flowing into the Columbia river ; thence along said divide to the
main Yakima, eight miles below the mouth of the Satass river; and thence up the Yakima
river to the place of beginning. Also a tract of land, not exceeding one township of six
miles square, situated at the forks of the Pisquouse or Wenatshapam river, and known as
the " Wenatshapam Fishery ; " which said tract shall be surveyed and marked out
whenever the President may direct.
The country embraced in the cession, and included' in the reservations, is opened to
settlement, excepting that the Indians are secured in the possession of their buildings and
improvements until removed to the reservation.
By the Nez Perces : Commencing at the source of the Wo-na-ne-she or southern
tributary of the Palouse river ; thence down that river to the main Palouse ; thence in a
southerly direction to the Snake river at the mouth of the Tirkanon river ; thence up the
Tukanon to its source in the Blue Mountains ; thence southerly along the ridge of the
Blue Mountains ; thence to a point on the Grand Ronde river midway between Grand
Ronde and the mouth of the Wol-low-how river; thence along the divide between the
vvaters of the Wol-low-how and Powder rivers ; thence to the crossing of Snake river at
;he mouth of the Powder river ; thence to the Salmon river, fifty miles above the place
known as the "crossing of the Salmon river;" thence due north to the summit of the
Bitter Root Mountains ; thence along the crest of the Bitter Root Mountains to the place
5f beginning.
By the Walla Wallas, Cayuses and Umatillas, a tract of land having the following
joundaries, to wit : Commencing at the mouth of the Tukanon river in Washington
Territory ; running thence up said river to its source ; thence easterly along the summit
)f the Blue Mountains, to the source of Powder river ; thence to the headwaters of Willow
:reek ; thence down Willow creek to the Columbia river; thence up the channel of
[Columbia river to the lower end of a large island below the mouth of Umatilla river ;
hence northerl}' to a point on the Yakima river called Toh-mah-luke ; thence to " La
Lac ; " thence to the " White Banks " on the Columbia below Priest's Rapids ; thence
lown the Columbia river to the junction of the Columbia and vSnake rivers ; thence up the
Miake river to the place of beginning.
Provided, however, that so much of the country described above as contained in the
bllowing boundaries shall be set apart as Indian reservations.
For the Nez Perce tribe, to wit : Commencing where the southern tributary of the
-^alouse river flows from the spurs of the Bitter Root Mountains ; thence down said
ribntary to the mouth of the Ti-nah-pan-up creek ; thence southerly to the crossing of
he Snake river, ten miles below the mouth of the Alpowa river; thence to the source of
he .\lpowa river in the Blue Mountains ; thence to the crossing of the Grand Ronde
iver, midway between the Grand Ronde and the mouth of the Wol-low-how river; thence
ilong the divide between the waters of the Wol-low-how river and Powder river ; thence to
486 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
the crossing o^ Snake river, fifteen miles below the moutli of Powder river ; thence to the
Salmon river above the crossing ; thence by the spurs of the Bitter Root Mountains to the-
place of beginning.
For the confederate tribes of Walla Wallas, Cayuses and Umatillas, to wit:
Commencing in the middle of the channel of the Umatilla river opposite the mouth
of Wild Horse creek ; thence up the middle of the channel of said creek to its source ;
thence southerly to a point in the Blue Mountains, known as Lee's encampment; thence
on a line to the waters of the How-tome creek ; thence west to the divide between the
How-tome and Birch creeks ; thence northerly along said divide to a point due west of
the southwest corner of Wm. C. McKay's claim ; thence east along his line to the
southeast corner ; thence in a line to the place of beginning.
The countr}' embraced in the cessions, and not included in the reservations, is open
to settlement, excepting that the Indians are secured in the possession of their buildings
and improvements till removed to the reservations.
Fourteen confederate tribes and bands, for the purposes of the treaty, acknowledged
themselves as one nation under the name of " Yakima," with Kamiakin as their head
chief (i). Among them may be noticed the Yakimas, Palouses and Klikitats, all of whom
lived north of the Columbia and Snake rivers. The area of the country described as
released from Indian claim comprised twenty-nine thousand square miles. This treaty
embraced substantially all the provisions incorporated into the Medicine Creek Treaty
(see autc)^ with the additions or modifications about to be noted. The personal privileges
and immunities, the personal pledges, the pledge of allegiance, were the same. For the
release of the Indian title to the countr}^ of those fourteen tribes and bands, the
commissioners stipulated, on behalf of the government, to pa}- to the Yakima nation, in
addition to the goods and provisions issued to the Indians at the time of signing the treaty,
the sum of two hundred thousand dollars, payable as follows : The sum of sixty thousand
dollars to be expended within the first year after the ratification of the treaty, in making
provision for their removal to the reservation ; for breaking up and fencing farms, building
houses for them, supplying them with provisions and a suitable outfit; and the remainder
in annuities, viz. : For the first five years after the ratification of the treaty, commencing
September i, 1S56, $10,000 each year; for the next succeeding five years, $8,000 each
year; for the next succeeding five years, $6,000 each year; and for the next succeeding
five years, $4,000 each 5^ear.
Within one 3^ear after the treaty should be ratified, the government was also to
establish two schools and erect necessar}^ buildings, and keep them in repair, provide books,
furniture and stationery; one of those schools to be an agricultural and industrial school,
to be located at the agency and to be free to the children of said tribes ; to employ oue
superintendent of teaching and two teachers ; to build two blacksmith shops, to one of
which a tin shop shall be attached, and to the other shall be attached a gunsmith's shop ;
one carpenter shop, the necessary tools to be furnished ; to employ, for the instruction of
the Indians in trades, and to assist them in prosecuting the same, one superintendent of
farming and two farmers, two blacksmiths, one tinner, one gunsmith, one carpenter, one
wagon and plow maker ; to erect a saw'-mill and grist-mill and furnish the same with
tools ; to erect a hospital and provide the same with necessar}- medicines and furniture,
and to employ a physician ; and to erect and keep in repair all necessary buildings required
for employes ; the said buildings to be maintained and kept in repair, and the employes to
be retained in service for tvvent}- j-ears.
(i) United States Statutes at Large, Vol. XII. page 951.
CONDITIONS OF TREATIES SIGNED AT WALLA WALLA COUNCIL. 487
" And it is distinctly understood and agreed that, at the time of the conclusion of
• this treaty, Kamiakin is the dul}- elected and authorized head chief of the confederate
bands styled the Yakima nation, and is recognized as such by them. And in view of
the fact that the head chief of the said confederate tribes and bands of Indians is
expected aud will be called upon to perform many services of a public character,
occupying much of his time, the United States further agree to pay five hundred dollars
per year, for the term of twent}' years after the ratification of the treaty, as a salary for
such person as the said confederate bands of Indians may select to be their head chief,
to build for him at a suitable point on the reserv^ation a comfortable house and properly
furnish the same, and to plow and fence ten acres of land. The said salar}' is to be
paid to, and the said house to be occupied b}', such head chief so long as he may
continue to hold that office." The same salar}^, house and farm were secured to the
head chief of the Nez Perces, and to each of the head chiefs of the Walla Wallas,
Cayuses and Umatillas.
The treat}- with the Nez Perces, like the Yakima treaty, contained those provisions
common to all the Western Washington treaties. The consideration for the ceded territory,
aud the duties imposed on the United States government, were identical. It differed
alone fron; all the others in this, that it contained a provision whereby it was agreed
that " William Craig should continue to live with them, and that the tract of land now
occupied by him, and described in his notification to the register and receiver of the
United States land-office, on the 4th day of June last, shall not be considered a part of
the reservation defined in the .treaty, except that it shall be subject to the operations
of the intercourse act."
In the treaty with the Walla Walla, Cayuse and Umatilla nations, as a rule the
articles follow the language used in the other treaties. They are not exempted from
any obligation imposed upon other tribes. They are guaranteed the same privileges
and immunities. In its .peculiar modified provisions or the additional articles, in the
difference of phraseolog}- or the additional sections, no departure from the general Indian
policy adopted will be observed. The purchase money was to be paid as follows : For
the five years commencing September i, 1856, $8,000 each year; for the five years next
succeeding, $6,000 each year ; for the five 3'^ears next succeeding, $4,000 each year ; for
the five years next succeeding, $2,000 each year.
" The United States further agree to expend the sum of $50,000 during the first
aud second years after the ratification of this treaty for the erection of buildings on the
reservation, fencing and opening farms, for the purchase of teams, farming implements,
clothing and provisions, for medicines and tools, for the paj-ment of employes, and for
subsisting the Indians the first year after removal. In addition there is to be erected
upon the reservation one saw-mill, one grist-mill and hospital, two schoolhouses, a
blacksmith shop, a carpenter shop, and a dwelling-house and necessary outbuildings for
each of the following employes, viz.: two millers, one farmer, one superintendent of
farming operations, two school teachers, one carpenter, the services and subsistence of
each to be paid for the term of twent}- years. To purchase and keep in repair, for the
term of twenty j-ears, all necessary mill fixtures and mechanical tools, medicines and
hospital stores, books and stationery for school, and furniture for employes."
To Peu-peu-mox-mox (named in treaty as Pio-pio-mox-mox ) the first payment of
salary as head chief commenced with the signing of the treat}'. It was not, as with all
the other head chiefs, contingent upon ratification, or at a distant day. To him were also
488 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
granted other specialties : a dwelling-house was to be built for his son, with five acres
plowed and inclosed ; and one hundred dollars per annum, for twenty 3'ears, was to be
paid to him, commencing with September i, 1856. To that crafty old chieftain was
granted the right to build and occupy a house near the mouth of the Yakima river for the
term of five 3'ears, to be used as a trading-post in the sale of his bands of wild cattle
ranging in that vicinity. Over and above all this he was to be given, within three months
after the signing of the treat}^ "three yoke of oxen, three 3'okes and four chains, one
wagon, two plows, twelve hoes, twelve axes, two shovels, one saddle and bridle, one set of
wagon harness, and one set of plow harness." In another article this proviso occurs : "That
the head chiefs of the three principal bands, to wit : Pio-pio-mox-mox, Weyatenatemany,
(head chief of the Ca3'uses) and Wenapsnoot (head chief of the Umatillas), shall each
be secured in a tract of at least one hundred and sixty acres."
To the ordinar3' mind, this extra largess would seem the testimonial of the necessity
to conciliate the influence of that seemingly sullen diplomat and veteran warrior. It
shows at least that he had his way, and that his opposition to the treaty and to the
surrender of the land at ever3' stage had to be removed. It is questionable whether
yielding to his arrogant demands did not have the contrary effect from the one intended.
That the commissioners meant the best, and hoped to make the old chief a friend to the
Whites, is certain ; but they seemed to lose sight of the fact, that this is not the age of
miracles, that they were powerless to change the leopard's spots, or to remove the vengeful
feeling in that old man's bosom for the slaying of his son some years previous in California.
The sequel too soon proved that those old conspirators first opposed, then unwillingly
signed, their pretended cordial satisfaction, merely to throw tl:e Whites off their guard
in the great conspiracy which for years had been forming, which had been discussed at
that council ground, and which- so soon culminated in war against the Whites from the
boundary line of California to British Columbia.
This treaty further provided that, in consequence of the immigrant wagon road from
Grand Ronde to Umatilla passing through the resei-yatiou, thus leading to disputes
between immigrants and the Indians, and as a more feasible route existed south of the
present line, a sum not to exceed |io,ooo Avas to be expended by the government in
locating and opening a wagon road south of the southern boundary of the reservation,
from Powder River or Grande Ronde to the plain at the western base of the Blue
Mountains.
The article relating to the allotment of land to individuals of the tribes furnishes an
elaborate view of the intention of the commissioners, and is therefore quoted /// cxtciiso.
" Article VI. The President may, from time to time at his discretion, cause the
whole, or such portion as he may think proper, of the tract that ma3' now or hereafter be
set apart, as a permanent home for those Indians of the confederated bands as may wish
to enjoy the privilege, and locate thereon permanentl3\ To a single person over
twent3--one years of age, forty acres ; to a famil3' of two persons, sixty acres ; to a family
of three and not exceeding five, eighty acres ; to a family of six persons and not exceeding
ten, one hundred and twenty acres ; and to each family over ten in number, twenty acres
to each additional three members ; and the President may provide for such rules and
regulations as will secure to the famil3', in case of the death of the head thereof, the
possession and enjoyment of such permanent home and improvement thereon ; and he
may at any time, at his discretion, after such person or famil3' has made location on tlie
land assigned as a permanent home, issue a patent to such person or famil3' for such
1-
T.J.V. CLAF?K,
N.YAKIMA, W.T.
G.W. 02MENT,
CARTWRICHT, OR.
TREATY WITH TRIBES OF MIDDLE OREGON. 489
assigned land, conditioned tliat the tract shall not be aliened or leased for a longer term
than two 3'ears, and shall be exempt from lev}', sale or forfeiture, which condition shall
continue in force until a state constitution embracing such land within its limits shall
have been formed, and the legislature of the state shall remove the restriction : Provided^
hoivcver, that no state legislature shall remove the restriction herein provided for without
the consent of Congress ; And provided also, that if any person or family shall, at any
time, neglect or refuse to occupy' or till a portion of the land assigned, and on which they
have located, or shall roam from place to place, indicating a desire to abandon his home,
the President may, if the patent shall have been issued, cancel the assignment, and may
also withhold from such person or family their portion of the annuities or other money
due them, until the}' shall have returned to such permanent home and resumed the
pursuits of industry ; and in default of their return the tract may be declared abandoned,
and thereafter assigned to some other person or family of Indians residing on said
reservation."
At the close of the council at Walla Walla, Superintendent Palmer of Oregon
returned to The Dalles, where he concluded a treaty between the confederated tribes and
bands of Indians of Middle Oregon, signed at Wasco June 25, 1S55. The consideration
was $150,000. The provisions in the main are similar to the other treaties, and, in the
special clauses, follow more nearly the treaty with the Walla Wallas, Cayuses and
Umatillas. Governor Stevens, with a number of Americans and a body guard of Nez
Perces, started for Colvile ; but the Indians in that vicinity declined to treat, and he was
compelled to hasten forward. On the i6th of July, 1855, at Hellgate, in the Bitter Root
valley, he concluded a treaty with the Flathead, Kootenai and Upper Pend d'Oreille
Indians. The price for the extinguishment of the Indian title was $120,000. The
features were similar to the other treaties. The head chiefs of the three tribes were
allowed a salary of $500 per annum for three years, and were each provided with a house
and farm of ten acres. That treaty concluded. Governor Stevens crossed the Rocky
Mountains to Fort Benton.
Of the treaties negotiated during the year 1855, not one was ratified by the United
States Senate. Such delay, however mala fide on the part of the United States, cuts no
figure as a provocative of the war which followed a few months later ; for that war in
reality was inaugurated before the session of the Senate began, to which most of those
treaties would have been submitted for ratification. One only (Medicine Creek), which
was signed December 26, 1854, had been ratified (March 3, 1855). It has been quite
extensively asserted that those treaties caused the Indian war which so soon succeeded
their conclusion. Such allegation, so devoid of justice and truth, has rendered necessary
a full exhibit of the conduct of the contracting parties, the motives which actuated their
negotiation, the necessity demanding their having been made, the methods used to
procure their signing by the Indians, and finally the language adopted, conditions
imposed, immunities guaranteed, the mutual obligations created. That liberality to the
Indian, sympathy for and with the race, and an ardent Christian philanthropic wish to
civilize him, animated Governor Stevens, must be evident from the policy underlying
those documents, his addresses to the Indians explaining their provisions and pointing
out their intended benefits, and the very treaties themselves. It is a cruel slander to
insinuate that the negotiation of those treaties, or the insertion therein of any provision,
was designed in the remotest degree to provoke a war for selfish purposes, or for the
gratification of any scheme of personal ambition, or to give occasion for disaffection by
the native population with whom they were made.
490 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Previous pages will have satisfied the reader that the real causes for a war between
the Whites and Indians in this region had their origin and were being fostered long prior
to the organization of Washington Territory-; that a race prejudice had been instilled,
which had in some sections intensified into unmitigated jealous hate through an anomalous
condition of affairs and surroundings, without a parallel in the history of colonization.
Extraneous causes will abundantl}- account for the sequel to the well-meant, perhaps
unwise, attempts to establish sudden and spasmodic goodwill and amit}- with tribes of
Indians with whom no previous relations of friendship had ever existed ; in the breasts of
man}^ of whom an ineradicable prejudice had been instilled; a large mass of whom were
hopelessl}' ignorant, and so preferred to remain, of the language, customs and laws of that
stranger race, who, malcontents taught them to believe, sought to circumscribe their
territorial limits for roaming, hunting and fishing ; who, for the first time, were to be
brought within restrictions of laws imposed b\' a different race, of which they had never
heard, and the necessity for, or spirit of which, they could not possibly appreciate.
Still, those treaties are a part of the lifework of the eminent war governor of
Washington. His policy may have been unwise, may have been too liberal to
unappreciative savages, who mistook kindness for fear, who sold goodwill as Judas betrayed
the Saviour of mankind, to enable them immediatel}' thereafter to accomplish their
perfidious intent ; but there is nothing in those treaties, nor in their surroundings, which
does not reflect infinite credit on their distinguished author and his humane motive. Nor
should it be averred that any attempt to have wronged the Indian appears because of his
illiteracy, or to impose upon his judgment by misleading statements, or to drive an
advantageous bargain for the government. Details, such as unfortunate selections of
reservations, may be subjects of fair criticism ; but the assertion cannot be successfully
contradicted, that never, since the government adopted the policy of treating as its wards
the aborigines of the country, has it been represented by one more thoroughly imbued
with Christian love and parental, affectionate sympathy or broad humanity for that
unfortunate race, than the negotiator and author of the treaties -to extinguish the Indian
title to lands in the territory of Washington.
Those treaties had provided for the extinguishment of Indian titles to all of
Washington Territory except the soil watered b}- the Chehalis, Cowlitz and Lower
Columbia rivers, as also the territor}- occupied by the Spokane nation and adjacent
tribes and bands, and the extreme northeast portion of the territor}- drained b}' tributaries
of the northern Columbia. With all those Indians not treated with, the understanding
had been reached that, upon the return of Governor Stevens from the Blackfoot council
at Fort Benton, councils would be convened to treat for the release of the Indian title
to their respective territories at times to be fixed in the notice to be given. The breaking
out of hostilities during the absence of Governor Stevens prevented the holding of those
councils, and the conclusion of treaties with those bands and tribes at the times expected.
Colonel Michael T. Simmons, the pioneer of Puget Sound (American) settlement had
since March 9, 1854, been connected with the Indian department of the territor}-, acting
as a special or sub-agent by appointment of the superintendent of Indian affairs (Governor
Isaac I. Stevens), much of that time however acting as agent, and discharging all the
duties pertaining to such office. He was appointed IMay 13, 1856, Indian agent for the
territory of Washington.
There were three political conventions held this spring at Olympia, to nominate a
candidate for delegate to Congress to be supported respectively b}- the Democratic, Whig
COLONEL ANDERSON ELECTED DELEGATE TO CONGRESS. 491
and Free Soil parties. The first-named met on the 7th of May. Joseph S. Smith of Island
count}' was selected to preside. That convention consisted of forty-seven delegates. As
the two-thirds' rule was adopted before proceeding to ballot, thirty-two votes were required
to nominate. On the first ballot, Columbia Lancaster, the then delegate, received eighteen
votes, Isaac I. Stevens thirteen votes, Isaac N. Ebej' seven votes, J. Patton Anderson seven
votes, and Henr}- R. Crosbie two votes. With slightl}' varying votes, Lancaster's strength
not increasing, on the sixteenth ballot Stevens received his highest vote of sixteen. Upon
the tentli ballot, Lancaster received fifteen votes, Stevens ten votes, Henr}- C. Mosely
thirteen votes, J. Patton Anderson four votes, Isaac N. Ebej^ three votes, Edward Lander
one vote, Charles H. Mason one vote. At the end of this ballot. Governor Stevens
withdrew his name. The convention continued to ballot. On the twenty-ninth, J. Patton
Anderson received thirt3'-eight votes, Isaac N. Ebe}^ five, H. C. Mosely three, Stevens
one. Colonel J. Patton Anderson (i) was then unanimously nominated. Upon the
thirteenth ballot, Mosely received his highest vote of eighteen. On the seventeenth
ballot, McFadden received twelve votes. Ebe^^'s vote ran up to eighteen. Upon the
twenty-fourth ballot, Edward Lander received his highest vote of twenty, the largest vote
given to any candidate except the nominating vote of thirt\--eight to Colonel Anderson.
The Whig convention met upon the 14th of May. Elwood Evans was made chairman.
Forty delegates were in attendance. The names of Gihnore Hays, George Gibbs, William
Strong, Alexander S. Aberneth}', William H. Wallace, Hugh A. Goldsborough and Elwood
Evans were presented to the convention. The contest for several ballots was close between
Judge William Strong and Judge Gihnore Ha3's of Thurston count3^ The latter having
received within a vote of nominating, and who would have received the nomination on the
next ballot, withdrew. Several ballots followed, George Gibbs (2) of Pierce count}' receiving
the largest vote. On the twenty-first ballot, William Strong received a majority of the
votes, and was afterwards nnamiously nominated. A small assemblage of Free Soilers
presented the name of Joseph Cushman (3) of Olympia to the people of the territory as
the Free Soil candidate.
Colonel Anderson and Judge Strong traveled together and canvassed the territory.
Every precinct was visited, and the people addressed. Neither of them at any time forgot
that they were gentlemen. J. Patton Anderson was elected, receiving 857 votes to 681 for
William Strong (4). The Democrats carried the legislature. The new Council consisted
of six Democrats and three Whigs ; while the House of Representatives was composed of
eighteen Democrats and twelve Whigs.
(i) James Pattou .\nderson was a native of Tennessee. He was born in 1S20, and was a lawyer by profession. On the breaking out of the
Mexican War. he was commissioned Lieutenant-Colonel of a Mississippi regiment of cavalr>-. On'the establishment of the territorial government
of Washington, he accepted the appointment of U. S. Marshal of the territory and remove'd to Olympia. where he also practiced his profession
and attainc-d a prominent standing at the bar. He was elected delegate to Congress in 1S55, serving till March 4, JS57, but did not return to the
territory. He was a state rights Democrat of the ultra school. With his associations and sympathies of that caste of character which forces a
man to'defend his convictions and belief at every sacrifice, it was natural and expected that he should follow the fortunes of his native state.
He warmly espoused the Confederate cause, and at the outset of the rebellion was commissioned a Ilrigadier-General. He was present at Shiloh
and at the battle of Stone river. Shortly afterwards promoted Major General, he assumed commanci in the district of Florida. On February
17, 1S64, he was transferred to the command of a division in Polk's corps, Army of the Tennessee. He came out of the war armless to live till
1873, in Memphis, and there to be sacrificed by that terrible scourge, the yellow fever.
(2) George Gibbs was eminent as a scientist, ethnologist and Indian linguist, and was bom at Sunswick, now Astoria, Long Island. July 17,
1S15. He died at New Haven, Connecticut, April g, 1S73. He received his education at Round Hill School. Northampton. Massachusetts, niider
George Bancroft, and graduated at Har\'ard Law School, class of 1S3S. He practiced law in New York city several years in partnership with
Prescott Hall, and at the same time wrote "Memoirs of the Administrations of Washington and .Adams." edited from the pages of his grandfather.
Oliver Wolcott (signer Declaration of Independence, Secretary of the Treasury' and Chief Justice of the Supreme Court o( the United States). He
accompanied the regiment of Mounted Kifles in their overland march to Oregon in 1S4S. His first civil service in Oregon was as deputy collector
of customs at Astoria. He acted as geologist on the Western Division of the Northern Pacific Railroad expedition in is.^3. In 1S54, he was with
Governor Stevens in the negotiations of the Indian treaties west of the Cascades, winter of 1S34-55. and on clerical duty at Fort Steilacoom in
1S55-56, during the Indian war. In i-S^g, he served as astronomer and ethnologist on the Northwest Boundary Conimissioii. He returned to New
York in 1.S60. In iS6j. he was secretary of the commission to adjust the claims of the Hudson's Bay and Pug'et Sound .Agricultural Companies, for
possessory rights in Oregon and Washington, under the treaty of 1S46. He never was idle, and in all those years was an active contributor to the
publications of the Smithsonian institute. .Among the many works of 'George Gibbs may be named his chief productions: "Judicial Chronicle,"
Cambridge. 1S34; '■Instructions for Research relative to Ethnology and Philology' of America,'' Washington. 1S63; "Dictionary of Chinook Jargon;"
"Comparative Vocabulary;" " Subjects relative to objects of scientific investigation in Russian .\merica.''
t3) Joseph Cushman was a prominent merchant of Olympia, and one of her most generous, enterprising and public-spirited citizens. He
came to the Sound in iSs3 to manage the business of the Kendall Compaii}-, whom he subsequently succeeded in business. For a nimiber of years
he held the office of probate judge'of Thurston county. In the spring of 1S54, he was admitted to the bar of the third judicial district by Chief
Justice Lander. In 1S61. he was appointed receiver of the Olympia district land-office.
14) Such was the official vote as returned by counties ; but, owing to the failure of the secretary to receive the returns in time, that officer
certified the vote : Anderson, S04 ; Strong, 603.
492 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
The reported discovery of gold in the vicinity of Fort Colvile (the Hudson's Bay
Company's post, situate on the east bank of the Columbia, south of Clark's Fork, latitude
forty-eight degrees, thirty minutes north) had commenced to attract attention. Parties in
considerable numbers, from all points on Puget Sound, from other portions of Washington
Territory, from Oregon, and even from California, were journeying to the newly discovered
gold fields. Colonel J. Patton Anderson, the delegate-elect, with the design of informing
himself upon the resources of the territory before proceeding to Washington, accompanied
quite a large party of prospectors ; in fact, all the settlements contributed their quota to
the band of gold hunters.
Never had there been more assured prospect for the future of the great Northwest,
for Washington and Oregon. Till this time the settlers, especially of the former, had
waited in vain for that promised "great immigration;" yet still it proved "the hope
deferred." But now a "mining excitement" had been inaugurated. It would prove the
inducement, the attraction. By those treaties just concluded, the friendship of the
Indians was regarded as assured. Such was the hope, the genuine belief, of all. Nothing
so well illustrates the reliance of the settlers in the friendly disposition of the Indians
as the fact that the Whites traveled alone or in small bands unarmed through hitherto
unfrequented territory, en route to the Colvile mines. They neither carried arms suitable
for defense, nor were they in sufficientl}- large parties to secure self-protection ; innocently
they visited Indian camps to be surprised and immolated. On the aSth of August, 1855,
Messrs. Wilbur and Bennett, two reliable Oregonians, who had visited the Colvile mines
and returned to the settlements, published a card in which they represented, in language
of the warmest confidence, that the Indians in the mining section and upon the route
manifested a peaceable disposition, and that they professed an ardent desire for the Whites
to settle in their country.
All these hopes were based upon a fanciful security. The people even in the
settlements had been reposing on a slumbering volcano. At that period, indeed long
prior thereto, even while attending the councils called by Governor Stevens, with
professions of friendship and peace, the Indians had relinquished their territories, had
acknowledged dependence upon the United States, and had agreed to live upon terms of
friendship with its citizens. Embracing the opportunity afforded by so many being
assembled, they had at that very time been conspiring and arranging for a combination for
predatory war at the earliest moment, and had resolved on the murder of the white
race. They were and had been assiduously collecting arms, ammunition, provisions and
supplies, to be used in offensive war; and it was their determination to banish the
Americans from the territory and prevent their settlement therein. At that juncture,
they were to some extent unprepared to commence war. The plans were as yet
immatured. But the advent of small parties of Whites to sections of territory hitherto
untraversed by them hastened hostile acts on the part of the disaffected savages. That
that immigration must be checked promptl}' was the Indian's determination. Besides, it
gave color to the insidious assertions of the opponents of the treaties, who had made so
much trouble at the councils, in their clamorous objection to the sale of their countr3\
Those malcontents found the verification of their predictions that the Whites would get
possession of their country, and the}' be confined upon the reservation, in the unexpected
rush of miners across the territory en route to Colvile.
To beget Indian resistance, the rumors were circulated through the disaffected region,
that the expedition of Major Haller, U. S. Army, sent out from Fort Dalles to Snake
J. W. BORST,
FALLS CITY.W.T.
MURDER OF MINERS AND INDIAN" AGENT BOLON. 493
river to chastise some Indians who had murdered immigrants, as well as to meet and escort
the overland immigration of that year, had been cut off and Haller and his whole command
murdered; that Governor Stevens and his party, on their journey to Fort Benton, had been
cut to pieces by the tribes east of the Rocky Mountains ; and that the Indian tribes in the
interior, all the way south to the California boundary, were uniting in determined hostility
to the Americans entering their country, and in a war of extermination of the settlements.
Colonel Anderson had returned to Olympia on the 19th of September, 1855, bringing
with him (confirmation of) the sad intelligence of the murder in the Yakima countr}', and
rumors, too reliable, of frequent massacres of small unarmed parties, and of individuals
who had straggled from their companions. In consequence of these rumors, miners were
discouraged from remaining in the mining country ; and parties en route were returning,
deterred from prosecuting their journey through fear of Indian hostilities. The fact
appeared to be established that the Yakima nation had become hostile to the Whites
entering or passing through their country, and were in a state of open war. It was also
manifest that a combination of the tribes east of the mountains had already taken place ;
and all doubt was removed that Henry Mattice, Jamison, Walker, Eaton, Cummings,
Huffman, Fanjo}' and others had been murdered. The immolation and brutal cremation
of x\ndrew J. Bolon, Indian sub-agent, by the direction of Kamiakin, head chief of the
Yakima nation, displayed the perfection of Indian malignity, not alone the hostile
attitude of the bands composing that nation of Indians, but carried with it the threat
of extermination of the white race. That amiable gentleman had been apprised of the
murder of eight white men by the Yakimas, and had officiallj' visited the Yakima conntr}',
unarmed and unattended, to ascertain the truth, as also the circumstances, and if possible
to adopt measures for the satisfaction of the Indians. He left The Dalles on the iSth of
September for the Catholic Mission at Atahnam. General Joel Palmer, superintendent of
Indian affairs of Oregon, on the 3d of October reported to the Indian Bureau : " He
(sub-agent Bolon) was shot by the son of Sho-wah-way, and then, by the aid of three
others, was seized and his throat cut. They then shot his horse, and made a fire over
both and burned them up. Word was then conveyed to all the surrounding bands,
informing them of what had been done, and requesting them to unite with them in
hostility against the Whites ; and that, if they declined such invitation, they would be
treated as enemies and their children made slaves of" (i).
The receipt of the intelligence of the horrible murder of U. S. Indian Sub-Agent
Bolon gave occasion for the fitting out of the expedition into the Yakima country to
demand the delivery of the murderers, commanded by Major Haller, fourth infantry, the
details of which will be found in a subsequent chapter specially treating of the Indian war.
About the middle of the month of November, 1856, a part}' of Northern Indians
became exceedingly troublesome near Steilacoom. They became so annoying that
Lieutenant-Colonel Casey, U. S. Army, in command at Fort Steilacoom, ordered them to
leave, and return to their own country. He reported their predatory conduct to Captain
Samuel Swartwout, U. S. Navy, in command of the U. S. steamship Masscuiiiisctts. On
the eighteenth, Captain Lafayette Balch requested of Colonel Casey " that measures be
taken to remove certain Northern Indians from the Sound." The Indians having ignored
Colonel Casey's warning to leave the country, and that officer not having a steamer to
assist in the enforcement of orders given to those Indians, Captain Balch's letter was
(l) Hon. L. F- Moiher write.-? the h'.story of SDUtherli Oregon ; and therefore matters relating thereto arc left for his treatment. See preface
to this work.
494 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
inclosed to Captain Swartwout, with the request of Colonel Casey " that he take the
matter in hand, and adopt snch steps as were best calculated to advance the interests of all
concerned." On receipt of the request of Colonel Casey, Captain Swartwout on the next
morning, with his vessel, proceeded to Steilacoom reservation and Swan's logging camp
on Henderson's Bay, at which place the Northern Indians had but recently committed
depredations. At the reservation, they had had a fight with the Sound Indians ; and two
of their number had been killed, and one canoe captured. The Northern Indians had left
Henderson's Bay on the eighteenth, reaching Port Madison that evening and renewing
their depredations there, thence going down the Sound. The Massac/insiits followed,
and, on arriving at Port Gamble on the twentieth, found the Northern Indians encamped
there in large force. As soon as the Massachusetts anchored. Captain Swartwout
dispatched ashore eighteen armed men, including the interpreter, commanded by
Lieutenant Young, with orders to have a friendly talk with them, and persuade them
to leave the Sound for Victoria, Vancouver Island, peaceably, in tow of the vessel, and to
invite two or three of the chiefs to come on board and confer with Captain Swartwout, who
also promised that all their previous depredations should be overlooked. The Indians
approached the boats in large parties, armed, and threatened to shoot any one who
attempted to land, shaking their fists at the men in the boats, and defying them to come
ashore and fight. In pursuance of Captain Swartwout's orders not to come in collision,
Lieutenant Young and the boats returned.
A large expedition was immediately fitted out, consisting of the " launch," with a
howitzer, and two cutters, with forty-five men and an interpreter secured from Port Gamble
(the party being under command of Lieutenant Young), with the same orders, to
communicate with those Indians by sending in advance the interpreter with a flag of
truce. The same requests were made, the same conditions proposed. The orders were
to return to the ship without landing if the Indians refused. The interpreter, as directed,
informed the Indians of the force present, and that, if they left peaceably, all past misdeeds
would be forgiven. The Indians were still defiant and intractable. They refused to leave
till they were ready ; and in no event would they accompany the ship. To Lieutenant
Young their conduct was extremely insulting and defiant. That party also returned to
the ship, as ordered, without attempting to make a compulsory landing. By this time
da3dight had gone.
During the night the ship was moved as close as possible to the Indian camp, and
abreast of it, with her broadside to bear upon it, by springs upon the cable. At seven
o'clock in the morning. Lieutenant Semmes in the first cutter was sent to the steamer
Traveler, which little steamer, and the " launch " commanded by Lieutenant Forrest, both
having field-pieces on board, had been anchored the night before above the Indian camp, in
such a position that their guns had a raking fire upon it, with orders to communicate
through a flag of truce with the Indians, and renew the demands made the day previous.
They were also duly advised of the preparations for attack if they still resisted.
Lieutenant Semmes, after some twenty minvites of unsuccessful parley, with a force of
twenty-nine sailors and marines, accompanied by Lieutenant Forrest and Mr. Fendall, the
captain's clerk, made a landing in a heav}' sea, the wind blowing fresh, wading up to their
waists and carrying the boat howitzer in their arms. The party having been formed on
the beach. Lieutenant Semmes approached alone to where the interpreter was delivering
the message of Captain Swartwout. The manner of those present was defiant. The
Indians commenced arming themselves, and carrying their goods into the woods. Not
CAPTAIN SWARTW'OUT CHASTISES NORTHERN INDIANS. 495
until the Indians had taken positions behind logs and trees was the order given to fire the
field-piece on the Travr/er ; and, simultaneously with that, the Indians fired a volley. The
battery of the ship was then directed towards that part of the woods to which they had
escaped, and where the}' appeared to be concealed ; and a discharge of round shot and
grape did great execution. Under cover of the ship's guns, a charge was made upon the
Indians ; and the}' were driven from their camp into the woods. Their camp was set on
fire, their propert}' destroyed, and their canoes, which had been hauled up to their camp,
all disabled except one. Lieutenant Semnies held possession of the camp from about 7:20
A. M. till 10:00 A. M., when the part}- returned to the ship. During the whole day, the fire
continued from the Massachitsr/fs whenever any of them were seen in the woods. In the
afternoon, the weather having moderated, in order to prevent the Indians escaping through
the night, a part}' of thirty-seven sailors and marines went ashore and destroyed the good
canoe, and made sure that all the rest were unseaworthy. During this act, the party were
subjected to a constant fire from the Indians, under cover of the woods ; but the duty was
accomplished without the loss of a single man. During the afternoon, a squaw who had
been taken prisoner was sent by Captain Swartwout with a message to the Indians
demanding their surrender, and that they go with him to Victoria, and from there proceed
to their homes, and never again return to the Sound ; and that he would forgive them. To
this they returned answer, that they " would fight as long as there was a man of them
alive." On the morning of the twenty-second, however, two of the principal chiefs visited
the ship, surrendered unconditional!}', and begged for mercy.
When the fight commenced they had, exclusive of squaws and boys, one hundred and
seventeen men. There had been twent}'-seven killed and twenty-one wounded, one of the
latter being a chief. They had been without food for forty-eight hours, and were entirely
destitute. The number taken on board of the ship and carried to Victoria was eighty-seven.
They were furnished with provisions, and faithfully promised they would go to their
northern homes, and never return to these waters. The loss of the Massac/insrfts^- crew
was one killed and one wounded ( i).
Shortly after this chastisement, so thoroughly deserved and so well administered, that
vessel left these waters, and, as the sequel shortly after proved (2), left the remote
settlements more than ever liable to the attacks and raids of those perfidious and
unrelenting savages, and the isolated settlers more than ever liable to be sacrificed, to
atone for this official act of the United vStates government. Those Indians went away
promising good faith to Captain Swartwout. With Indians, treaties or pledges of faithi
are merely cloaks to conceal their bad intent ; but these Indians had not left the Sound
before threatening revenge, and boasting that they would have a "tyee" American (a
prominent man) for every one they had lost in that engagement.
The third session of the legislature (1855-56) convened at Olympia on the first
Monday in December. Governor Stevens not having returned from the Blackfoot council
at Fort Benton, Governor Mason delivered the message usual upon the assembling of that
bodv. Tliat able and interesting document is a faithful and patriotic exhibit of the
condition of the territory, as also of its needs. It is proper to record the status of the
people of the territory and the officials towards the Indians, as officially chronicled :
" Since you were last assembled, an important, and, I regret to say, disastrous change has
taken place in our social prospects. While peace and security seemed to reign about us,
(1) official report of Captain S. Swartwout, U. S. Nav>', in a letter to Lientenant-Colonel Casey. November 23 and 24, 1S56.
(2) The cold-blooded murder and beheading of Isaac N. Ebey at his home on Whidby's Island, .\ugust 11. 1857.
496 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
and every person was, as usual, pursuing his customary avocation, an Indian war breaks
out in our midst, spreading alarm throughout the whole territory. Families are murdered,
property is destroyed, claims are abandoned for the fort and blockhouse, and the whole
country, instead of portraying the usual peaceful occupations of American citizens, has
the appearance of desertion ; and nothing but parties of armed men are to be seen iu
motion. How long this state of affairs is to continue, it is impossible to say; but from
the energy which our citizens have shown, and the measures which have been adopted,
it is earnestly to be hoped that the end is not far off."
The high personal character of Governor Mason entitles anj- of&cial statement made
by him to the greatest consideration. He had taken occasion to allude to the absence of
Governor Stevens, and briefly to allude to the duties imposed upon that ofi&cer, — to treat
with the Indians of the territory for the extinguishment of their title to lands, responsive
alike to the urgent demands of the citizens of the territor}- and the orders of the national
government. He referred in fitting terms to those well-performed duties by his friend as
assuring confidence to the people in the future of the territory ; and with what satisfaction
they had hailed the promises by the Indians of friendship and amity with their white
neighbors ; and with what reliance and confidence they accepted those promises as an
assurance of the maintenance of peace between the settlers and their Indian neighbors.
He continued :
" In the midst of this favorable appearance of things, while the ink was scarcely dry
with which the treaties had been written, Indians, who had entered into these stipulations
and solemnly pledged their faith to preserve amity and peace toward all American citizens,
have risen in arms, treacherously surprised and barbarously murdered our unoffending
citizens, killed an Indian agent while in the performance of his official duties, and, iu
defiance of all plighted faith and written obligation, waged a war, accompanied with all
the horrid brutalities incident to savage life. The space alloted to this message will not
justify a recital of the preliminary aggressions. Satisfactory evidence, however, has been
afforded, indicating that both iu Oregon and this territory, for a great length of time,
preparations for war have been going on on the part of the Indians. Simultaneously with
the murders committed in the Yakima valley. Southern Oregon became the scene of
Indian warfare ; and, the moment troops move from Puget Sound across the mountains,
an outbreak takes place on the White river prairies. On the 23d of September, in addition
to previous floating rumors, positive information was received that two of our citizens had
been murdered in the Yakima valley while traveling on the militar}^ road across the
Nachess pass."
This was followed by a recurrence to the poverty of the territory in arms and
ammunition, as also the utter inability of the United States military posts to supply
either, and the entire insufficiency of men and means to provide for the defense of the
settlements. In this exigency. Governor Mason had been compelled to appeal to a foreign
government for that aid which our own government had neglected to furnish. It was
humiliating to him, and to the settlers of his territor}^, that he was compelled thus to
acknowledge a helplessness which established neglect by those who ought to have acted, —
to ask of a foreign official for arms and ammunition to defend Atuerican homes and
firesides. But Sir James Douglas, Governor of the colony of Vancouver Island, proved
the friend in need. Promptly and generously he embraced the opportunity to assist his
fellow-beings in their emergency, and also to impart the useful lesson to savagery that, in
a war against the white race, they need not expect any sympathy whatever from that
HENRY BUXTON
FOREST GROVE OR.
GOVERNOR ]\IAS0N'S MESSAGE TO THE LEGISLATURE. 497
great statesman and the company over the affairs of which he presided. They were
unmistakably apprised that he had no sympathy with Indian rapine and murder.
Governor Mason thus acknowledged that invaluable service : " I deem it my duty
here to make public acknowledgment of the services rendered by his excellency, James
Douglas, governor of Vancouver Island. Upon the alarm naturally attendant upon a
serious Indian outbreak, almost within arms' length of us, and owing to the scarcity of
arms and ammunition, application was made to him for such an amount of the munitions
of war as he could possibly furnish. That application was promptly and cordially
responded to to the extent of his power, he at the same time regretting that he had at the
moment no vessel-of-war at his disposal, and that his steamers, the Otter and Beaver^
were both absent, but that, upon the arrival of either, she should be dispatched to the
Sound, to render such services as might be required of her. Since then the Otter has
visited this place. This movement on the part of the executive of Vancouver Island
cannot fail to have its influence upon the Indians residing upon our waters, having a
tendency to show to them that, whatever differences ma}' exist between the Americans and
Englishmen in their social and political organizations, as far as savages are concerned,
they are but one."
The legislature promptl}^ joined with Governor Mason in expressing, on behalf of the
people of the territory, " grateful acknowledgment of the services rendered by his
excellency. Sir James Douglas, Governor of Vancouver Island, in furnishing arms and
ammunition to the executive of this territory in the present Indian war."
In this connection, it becomes proper to notice also the language of this message in
regard to the generous conduct of Commander Isaac S. Sterrett, U. S. Navy, in command
of the sloop-of-war Decatur^ and of Captain William C. Pease, commanding the revenue
cutter Jefferson Davis, in response to a requisition for arms and ammunition to arm the
territorial volunteers. " By their assistance was the first company- of Washington
Territory volunteers armed and equipped, in time to take the field the moment their
organization was completed. Captain Sterrett had but few arms and but little ammunition
which he could spare from his vessel ; but he bought upon his private account all the
arms and ammunition to be obtained in the stores at Seattle." These acts, so eminently
patriotic, were properly acknowledged in the proceedings of that legislature.
Governor Mason then adverted to the policy adopted, and its effects : " The Indians
west of the Cascades, with the exception of those before alluded to, still continue
friendly. They have been collected at various points, disarmed and placed under the
surveillance of local agents ; and arrangements have been made for their support.
The only fear at present entertained is that, by some act of indiscretion, they may be
frightened into the hostile ranks. The disposition which has been subsequently made
of the troops in the field in this portion of the territory has been with the design,
while at the same time to keep the hostile Indians in check, that an adequate force
should be moving on the outskirts of the settlements, in order that the farmers might be
enabled to provide for the coming year's subsistence."
Allusion is made to the stagnation of trade and industrial pursuits arising out of
the continuance of the Indian war, loudly calling for prompt and speedy action on the
part of the national government, deprecating the effect of an adjournment of Congress
without affording relief, and describing the emergency as one which, should it continue,
would retard territorial growth and advancement. These considerations demand an
urgent memorial calling for a sufficient appropriation to compensate the citizen soldiery
498 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
for their valuable and patriotic services, and to reimburse the citizens for advances made
and supplies furnished, and for property destroyed by the hostile Indians.
As a motive for a memorial to the Navy Department for an armed steam vessel to
be stationed on Puget Sound, he cites in appropriate language the fact that Northern
Indians of fierce and warlike character are in the habit of descending into a settlement,
ostensibly to procure employment, but that their raids are invariably attended by thefts
and depredations in the remote settlements. If punishment is attempted, it results in
isolated settlers being murdered by the Indians in revenge. The governor recommended
that the legislature make it a penal offense to harbor or employ such Northern Indians.
He also wisely suggested that further sales of arms and ammunition should be prevented
by stringent legislative enactments.
Those suggestions of the governor were acted upon by the Assembly. The message
devoted considerable length to informing the Legislative Assembly of matters of public
interest, and of congressional aid : " During the past summer, rumors of discoveries of
gold fields near Fort Colvile induced many enterprising and energetic citizens of the
territory to visit that region. Many have returned on account of the war, and the
impossibility of obtaining provisions there during the winter. Although the extent of
the gold-bearing district is not known, yet the fact is certain, that those who worked
the bars and prospected the country near Fort Colvile found gold in sufficient quantities
to pay well for working. Wherever the more experienced miners dug, either upon the
bars or upon the hillsides, gold was found ; and even with the rude mode of working
with pans, an average of ten dollars per day has been made ; and those who are still at
the mines report profitable employment. I have no doubt that, with improved machinery
and better preparations for working to advantage, these gold mines will prove amply
remunerative to manj' citizens who may go there, whene\er the state of the countr}- will
permit communication between the Columbia river and Puget Sound settlements and
the gold-bearing region. The prosecution of the public surveys during the past year
has developed large bodies of fertile lands, and made a great addition to the topographical
knowledge of the territory, which will be useful to emigrants in search of the best lauds.
As to the amount of work thus far accomplished, the office of the suiweyor-general shows
the following results : Total amount surveyed while this territory was under the Oregon
office, 1,876 miles; amount surveyed and under contract since the organization of the
Washington office, 3,063 miles ; proposed to be surveyed in 1856 and 1857, as per annual
report of the surveyor-general, 5,688 miles, all lying west of the Cascade Mountains."
Congress had made liberal appropriations for public surveys ; but the surveyor-general
had failed to obtain surveyors willing to accept large contracts, even at the maximum
rates per mile allowed by law, because of the difficult nature of the country, and the high
prices of labor and provisions. The pending Indian war had suspended all field work ;
but Congress should have, in the interim, authorized an increased sum per mile for the
surveys. The legislature were invited to and did, by an appropriate memorial, second the
urgent request to that effect by Surveyor-General Tilton.
Appropriations had been authorized by Congress for military roads from Fort Barton
in Nebraska to Walla Walla, and from The Dalles to Columbia barracks at Fort
Vancouver, and one from Columbia barracks to Fort Steilacoom. On the two latter, a
reconnaissance had been made during the fall ; and the building would be commenced
during the coming spring.
SESSION OF THE LEGISLATURE, 1S55-56. 499
Under the act of Congress making appropriations for the army ending June 30, 1S56,
the Secretary of War was authorized to equalize the number of arms heretofore distributed
and in possession of the several states, so that each state which had not received its pro
rata should receive a sufficient number to make an equal />;'c» rata^ according to the number
of representatives in Congress. Under this act, the share belonging to Washington
Territory was 2,000 muskets. The effort to draw the quota in rifles failed. The annual
quota of arms is 137 muskets, giving a total of 2,137 muskets. On account of this, 1,980
muskets, one hundred rifles and accoutrements and thirty cavalry sabres (to which
208,000 caps had been added), by some singular fatality had been shipped to Fort
\'ancouver. In the condition of roads, it was impracticable to transport them to Puget
Sound ; but efforts had been made to effect a shipment by sea from Vancouver to Olympia
of such portion suitable for the Puget Sound section of couutr}'.
The matter of postal arrangements and increased mail facilities was also properlj-
noticed, and legislative action invited. Since the adjournment of the last session of the
Assembly, the site for the capitol building had been cleared, and the contract entered into
for its erection ; but, when the building had neared completion, the work was suspended in
consequence of the breaking out of the Indian war. The mechanics employed had
enlisted, and it was impossible to supply their places. Again was the attention of the
Legislative Assemblj- called to the adjustment of the northern and northwest boundary,
and to the extinguishment of the rights of the Hudson's Bay and Puget Sound
Agricultural Companies.
Among the legislation of this winter not alread}- adverted to should be noted the
repeal of all laws heretofore in force by virtue of anj' legislation of the territory of Oregon,
except that county seats and county lines established by law were not affected, nor were
any proceedings commenced under such laws invalidated. The common law in all civil
cases was declared to be in force when not modified by statute. A number of divorce laws
were passed, several acts of incorporation, and a few unimportant amendatory acts.
The legislature passed a joint resolution instructing the delegate to request of the
Secretary of War an investigation into the fact of Major Rains withdrawing troops from
the Yakima country in November, 1855, and ordering them into winter quarters, and for
disbanding the company of Washington volunteers, raised on the Columbia river, and
mustered into the United States' service with the express understanding that they should
be sent to the relief of Governor Stevens, at the time returning through the hostile Indian
territory from the Blackfoot council. They also protested against the separation of the
offices of governor and superintendent of Indian affairs, as recommended by the
commissioner of Indian affairs. The number of memorials and joint resolutions was
quite large. The subjects were roads, lighthouses, the establishment of ports of delivery,
a hospital for the insane, a marine hospital, an additional land district, tendering thanks
to Governor George L. Curr}- of Oregon, and the Oregon volunteers, and the regulars and
volunteers, rank and file, on service in the Indian war, and a tribute to the gallant
Lieutenant William A. Slaughter, Fourth Infantry, U. S. Ami}', killed by a band of
hostile Indians December 4, 1855.
On Saturday, January 19, 1856, Governor Stevens arrived at Olympia on his return
from the Blackfoot council. On the twenty-first, he was waited upon by a joint committee
of the two houses, and invited to meet them in joint convention. On that afternoon, he
delivered an address upon the situation, the existing war and its causes, and the future
purposes of his administration :
500 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
" We are, fellow citizens, aud have been for the past three months, engaged in an
Indian war. Our settlers, from the Cowlitz river to the Sound, have been obliged to
abandon their claims, to live in forts. It is true that almost all the Indians are friendlv, —
that the number of Indians hostile does not exceed the number of one hundred and fifty
or two hundred ; but from the peculiarity of the country, if this force is not soon crushed,
it will prove a source of serious anno3'ance upon this side of the Cascade IMouutains, and
upon the other. Several tribes have violated their plighted faith, and broken out into
open hostilities.
" We are now in the midst of a war. What has brought it about ? — and what is the
remedy ? Gentlemen of the Legislative Assembly, it is due to you that I should enter
dispassionately aud fully into the policy which has marked the government in the making
of treaties with the Indians of this territory. It is important that the houor and dignity
of that government should be sustained, — that its course should be characterized by
humanity and justice. Those who have done their duty, and maintained the dignity and
honor of their country, should not be struck down. Let the blow be struck in the right
quarter. If dignity and honor have been maintained, then has no citizen anything to
blush for ; aud it is a bright page in the history of the country, and dear to every citizen.
" When this territory was organized, there was a population of about four thousand
souls, widely scattered. No treaties had been made with the Indians occupying the lands
of this territor}', nor was there, practically, an intercourse law. Congress had by law
extended the provisions of the Indian intercourse act, so far as applicable, over this
territory and Oregon. Congress had also passed a Donation law, inviting settlers to locate
claims, first west and then east of the Cascade Mountains ; and public surveys had been
ordered to be made over this domain. But the Indian title had not been extinguished.
This was a bitter cause of complaint on the part of the Indians. The Yakimas, Cayuses
and Walla Wallas were anxious to make treaties, selling their lands to the government,
and securing to themselves reservations for their permanent homes ; and they asserted
that, until such treaties were made, no settlers should come among them. These were the
reasons of public policy which induced the government to enter into these treaties ; and
no time was lost in consummating them. The people of this territory urged upon
Congress the necessity of such a policy ; and Congress made an appropriation to carry
out their wishes. It fell to my- lot to be appointed commissioner to negotiate those
treaties. I entered upon those labors in December, a ^-ear ago, aud during that and the
following month successfully- treated with all the Indians upon the Sound, the straits,
and the Indians at Cape Flattery.
" In January, a year ago, I dispatched Jas. Doty, Esq., east of the Cascade Mountains
to ascertain the feelings and views of the Indians. He visited the Yakimas, the Cayuses,
the Walla Wallas and the Nez Perces in their own country; and they were desirous to
treat and sell their lands. Kamiakin advised the tribes to meet in council at Walla Walla,
saying that was their old council ground. The council was convened, and lasted fourteen
days. All these tribes were present. The greatest care was taken to explain the treaties,
and the objects of them, and to secure the most faithful interpreters. Three interpreters
were provided for each language, one to act as principal interpreter, the other two to
correct. At the close of that council, such expressions of jo}' and thankfulness I have
never seen exhibited to a greater degree among the Indians. Kamiakin, Peu-peu-mox-niox,
young Sticcas and Law3'er, all personally expressed their joy and satisfaction. Kaniiakni
asserted that, personally, he was indifferent about the treaty ; but, as his people all wanted
HON. D B.HANNAH,
TACO M A , W, T.
A PJONEER OF 1845.
V'''N^
iM-^,
,^' s
HILORY BUTLER,
s eattle:, w. t.
HENRY VAN ASS ELT, ,
SEATTLE, W. T.
#
C.G. SAYLOR,
M9 Ml NNVI LLE.OF?.
HON. P G.STEWART.
GERVAIS, OR.
GOVERNOR STEVENS' ADDRESS UPON THE INDIAN WAR. 501
it, he was for it, and that was the reason he assented to the treaty. The record of that
council was made up by intelligent and dispassionate men ; and the speeches of all there
made are recorded verbatim. The dignity, humanity and justice of the national
government are there signally exhibited ; and none of the actors therein need fear the
criticism of au intelligent community, nor the supervision of intelligent superiors. By
those treaties, had the Indians been faithful to them, the question as to whether the Indian
tribes of this territory can become civilized and christianized beings would have been
determined practically, and as to whether the intervention of an Indian service, for the
supervision of the Indians, might not become unnecessary, in consequence of the Indians
being able to govern themselves. This spirit lies at the basis of all the treaties made in
this territor}'.
" Another council followed, in which three considerable tribes were convened, which
lasted eight days, — the Indians at the close again expressing the utmost joy and
satisfaction. It is due to you, gentlemen of the Legislative Assembly, to make this frank
and full statement. The printed record will show that the authorities and the people of
this territory have nothing to blush for, nothing to fear in the judgment of impartial men
now living, nor the rebuke of posterity.
" As to the causes of this war, it is not a question necessar}^ to dwell upon. It has
been conclusively demonstrated, that it has been plotting for at least two or three 3^ears.
I am frank to admit that had I known, when the council at Walla Walla was convened,
what I had learned afterwards, I should not have convened that council. I learned from
one of the fathers, some da3'S after it had commenced, and I was satisfied that his
information was correct from the deportment of several of the principal chiefs, that many
of the Indians came to that council with hostile feelings. But, when I left Walla Walla,
I thought that by the treaty such feelings were entirely assuaged, — that those who were
once for war were now for peace.
" It is difficult to see how such a combination should have existed, and not have been
known ; and yet it extended from the Sound to the Umpqua, — from one side to the other
of the Cascade Mountains.
"Fellow citizens, war has existed for three months, and still exists, — a war entered
into by these Indians without a cause, — a war having its origin not in those treaties, nor
in the bad conduct of our people. It originated in the native intelligence of restless
Indians, who, foreseeing destiny against them, that the white man was moving upon them,
determined that it must be met and resisted by arms. I regret on this occasion to be
compelled to criticise the official acts of a gallant and war-worn veteran, one whose name
has been on the historic rolls of the country for nearly half a century. But it is due to
the people, and the authorities of the territory of Washington, that the facts should appear
and be known to the national government. Governor Mason, in obedience to the
commanding officer of the United States forces upon the Columbia river, raised two
companies of volunteers of excellent material. They were well mounted, and ready for
tlie field. Another company was raised to protect the commissioner appointed b}- the
President of the United States to make treaties with the Indian tribes in the interior of
the continent. Those troops were disbanded, — were brought down into garrison. The
regulars were kept in garrison. And there stands out the broad fact that seven hundred
Indians in the Walla Walla valley were met and defeated by volunteers when the regulars
were in garrison. The President's commissioner, a high functionar}-, deriving his powers
from the President of the United States, and not from any department, was left without
502 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
protection ; and the troops raised to protect liini Major-General Wool thought proper to
disband and bring into garrison. That officer acted, unquestionably, from a sense of duty.
His reputation as a gallant soldier, his long and valuable ser\dces to the country, cannot
be disputed. I do not wish to impugn his motives. I only desire to submit facts for the
judgment of superiors at home.
" I learn from good authority that his plan of operations is to delay till spring,
probably until May. It is well known, by those who have experience and knowledge of
the country, that February and March are the best months for the prosecution of this
war. I think it due to the Legislative Assembly to state the reasons why all voyageurs,
and gentlemen of experience in these matters, give it as their opinion that now is the
proper time for action. There is a vast plain between the Cascade and Bitter Root
Mountains. The Columbia, Snake, Clear Water and Spokane rivers are to be crossed.
The snow is but a few inches deep, and lasts but a short time, seldom over a fortnight.
There is but one continuous period of cold weather ; and that period has now passed.
The mountain passes are all closed up with snow, which can only be scaled by snowshoes.
For these reasons the Indians cannot escape, should vigorous operations be made. On
these plains our forces can operate well. There is abundance of fuel for camps, grass for
animals, and the rivers are low. The Indians must be struck now. But if we delay, in a
few months the roots and fish will abound, suppl3ang the Indians with food. The snows
will melt, and the mountain passes will allow them hiding places. It is ni}' opinion, if
operations are deferred till summer, they must be deferred till winter again.
" What effect would it have on the Sound, should nothing be done until i\Iay or June?
The whole industrial community would be ruined, the Sound paralyzed. The husbandman
would be kept in a state of suspense by rumors of war, and could not adhere to his
pursuits ; fields would not be tilled, and the territory would starve out.
" I am of the opinion that vigorous operations should be prosecuted on both sides of
the Cascade Mountains. Whenever it is practicable or expedient, it is best that volunteers
should be mustered into the United States service. It should go to the authorities at home,
that we endeavored to co-operate with the regular service. But there has been a breach of
faith. Troops mustered into service were disbanded, in violation of a positive
understanding ; and it is now proper that the authorities of this territory should conduct
the movements of their own troops, co-operating with the regulars where such
co-operations can be effective. I therefore do not think the volunteers of this territory
should be mustered into the United States service. I am ready to take the responsibility
of raising them, independent of that service ; and it is due to the territory, and to myself,
that the reasons for assuming it should go to the President and the department at
Washington. The spirit of prosecuting this war should be to accomplish a lasting peace,
not to make treaties, but to punish their violation.
" Gentlemen of the Legislative Assembly, I have done my duty. It was a
pleasant feeling that actuated me on my mission, in making those treaties, to think I was
doing something to civilize and render the condition of the Indian happier ; and, while
justice and mercy should characterize the acts of our government, there should be no
weakness, no imbecility. In nations, as well as individuals, we may apply the precept, a
man who has deceived you once should not again be trusted. Let the blow strike where
it is deserved. I am opposed to any treaties. I shall oppose an}' treaties with these hostile
bands. I will protest against any and all treaties made with them. Nothing but death is
a meet punishment for their perfidy. Their lives only should pay forfeit. A friendly Ivez
GENERAL STAGNATION OF BUSINESS. 503
Perce informed nie that, in the Cayuse tribe, nineteen ill-disposed persons caused all the
trouble. Could these be punished, the tribe could be governed. These turbulent persons
should be seized and put to death. The tribes now at war must submit unconditionally to
the justice, mercy and leniency of our government. The guilty ones should suffer, and the
remainder be placed upon reservations under the eye of the militar}-. In a few years, the
policy might be changed. By such a decisive, energetic and firm course, the difficulty
ma}' be grappled with, and peace restored.
" Let our hearts not be discouraged. I have an abiding confidence in the future
destiny of our territory. Gloom must give way to sunlight. Let us never lose sight of
the resources, capacities and natural advantages of the territory of Washington. We
have an interior soon to be filled up with settlements. Gold, in considerable quantities, has
been discovered in the northern part of the interior. There are fine grazing tracts, and
rich agricultural valleys; and that interior will fill up when these Indian difficulties are at
an end. Then, too, will the Sound resume its prosperity. Gather heart, then, fellow
citizens. Do not now talk of leaving us in our hour of adversity, but stay till the shade
of gloom is lifted, and await the destiny to be fulfilled. Let us put our hands together,
and rescue the territory from its present difficulties, so that we all may feel that we have
done our whole duty in the present exigency."
These copious extracts demonstrate the animus of the territorial authorities of
Washington as expressed by the man who was long fiercely maligned for his agency
in making those treaties. For executing the war policy here foreshadowed, he was
denounced as a raider upon the national treasury, a conspirator with Governor George
L. Curr}- of Oregon, who as steadily pursued the same policy in the campaign by him
inaugurated to protect the settlements of Washington Territorj^, called upon as he was
to extend to the United States military authorities assistance in protecting the frontier,
which they were powerless to do through the negligence of the general government
and the commander of the Department of the Pacific.
In the spring and summer of 1856, notably, and to a great extent during the
entire year, owing to the existence of the Indian war, there was a general stagnation
of business and industrial pursuits. Settlers had been banished from their farms,
and had taken refuge in the blockhouses that were erected at short distances from
each other throughout the settled portion of the territory, or had been driven to
the towns. Travel, except with escort, was dangerous. Small tracts of land were
cultivated, guards being stationed to protect those at labor. The pending war was a
setback, from the evil effects of which the territory could not hope to recover for years.
Personal issues as to the conduct of the war, as to the policy of treating with the
Indians, distinguished the politics of that period. Governor Stevens had infused his
great personality, not only into the territorial administration, into his management of
Indian affairs as superintendent, into the conduct of the war in its every detail, but into
partisan politics ; so much so that party lines were about obliterated, and partisan
division hinged upon opposition to or support of the governor's policy, war, Indian or
personal. For the time, the darling names of " Whig " and " Democrat " had become
measurably meaningless, and had lost their rallying power. Parties were called
"Stevens " and " Anti-Stevens ;" and such were the issues upon which the election in
the summer of 1S56 was contested. The declaration of martial law by the governor in
Pierce and Thurston counties in April and Alay had furnished the oppo.sition with a
rallying (ixy. It had tended also to array many Democrats in open opposition to the
504 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
governor. That measure, and the acts consummated during its continuance, had
contributed greatl}^ to detach from a personal support the many Whigs in the
territorial volunteer service who were identified with the war, were at least passivelj?
a part of the Stevens regime^ and who had during the fall of 1S55 and spring of 1856,
regardless of party feeling, cordially supported both Governor Mason and Governor
Stevens, in every measure adopted or proposed, to place the territory in a proper state of
defense. Those acts of Governor Stevens strengthened the opposition of the indifferent
or lukewarm, and alienated many Democrats. In fact, a number of the most prominent
members of that political party had become his most strenuous opponents. There were
several causes tending to produce such a condition of affairs. The Whig party of the
territory at this time, upon the personal issue, had lost a considerable number of its
adherents. Many believed that the welfare of the territory depended upon supporting
the territorial administration in its war policy ; that abandoning Governor Stevens or
his policy was measurably condemnatory of his course, and so far an indorsement of the
malignant libels of him and the people of the territory ; and that sustaining him was
the proper loyal course to be pursued to secure a recognition of his services, his policy,
and of the large debt created to carr}- on the war, the nonpajaneut of which would
bankrupt so many citizens who had so generously contributed their services and means.
The Whigs who adhered to their party organization, and the Anti-Stevens Democrats,
acted in unison. This temporary combination derived additional strength during the
Know-Nothing excitement ; and the opposition thus composed, in the election ( July,
1856) obtained an "Anti-Stevens" majority in each branch of the legislature. Late in
the fall, the campaign of the Washington Territory volunteers had ended by the
disbandment of the Second Regiment on the 30th of October, 1S56.
The Legislative Assembly convened December ist. The Council organized by the
election of William H. Wallace (i) President, and El wood Evans Chief Clerk, both
Whigs. The House of Representatives elected Joseph S. Smith Speaker, and Reuben L.
Doyle, both Anti-Stevens Democrats.
The governor's message was an able defense of himself from the charges of his
oppouents, and a clear, conservative and dispassionate explanation of his war policy, the
measures adopted, and his motives. In succeeding pages, treating the Indian war as a
specialty, those acts will be detailed, and his reasons appear ; and upon them the wisdom
or necessity of his policy must depend. Fearlessl}-, and with that self-reliance so
conspicuous an element of his character, he concluded that last message :
" In this, my last annual address to the Legislative Assembly, I am especially
reminded of the duty which devolves upon me of acknowledging the courtesy and
kindness which has ever been extended to me by the several Legislative Assemblies of
the territory, and by the constituency which elected them. I have endeavored faithfully
to do my whole duty, and have nothing to reproach myself with as regards intention. I
(i) Colonel William H. Wallace, a native of Ohio and a lawyer by profession, came to Steilacoom, Washington Territory, _ from the State of
Iowa in the fall of 1S53. He at once commenced to practice, and was soon recognized as the leading jury lawyer of the territory. At the first
election, January. 1S54, he was the Whig nominee for delegate to Congress, but was defeated by his Democratic competitor, Hon. Columbia
Lancaster. Although his county was strongly Democratic, he was elected to the territorial House of Representatives, sessions 1S54-5S and I.S55-56.
He resigned his seat in the last, 'having been elected, on the breaking out of the Indian war, captain of Company D, First Regiment,_ Washmgton
Territory Volunteers ; and with his company he made a winter campaign against the hostile Indians, who were infesting the White river country.
At the election of 1S56, he was elected a member of the territorial council, and at the session of 1S56-57 was the president of that body. At the
election of 1S57, he ran as an independent candidate for delegate to Congress against Isaac I. Stevens, the Democratic nominee. Colonel Wallace
received the v^otes of the Republicans and .\nti-Xebraska Democrats, but was defeated. In 1S61. President Lincoln appointed him governor of the
territory. During his absence, he received the Republican nomination for the delegateship. His competitors were Selucins Garfielde. Democratic
nominee, and e.x -Chief Justice Lander, Independent Democrat. Colonel Wallace was elected by a handsome plurality. Before his term had expired,
the territory of Idaho had been set off from Washington; and he was commissioned first governor of tliat territory. Upon his arriving in, the
territory, at its first election he was nominated by the Republicans and elected first delegate "to Congress from that territory. His term expiring,
he returned to his Pierce-county home and resumed his law practice. He was an eloquent speaker, of fine address and presence, full of humor atid
anecdote ; and his suavity made hiui a successful stump speaker and advocate. Having outlived all enmities, and to an eminent degree gained the
affectionate regard of his fellow citizens, on the "th of February, iS7g, he quietly passed away.
N
-*?!i«^
HON.ELISHA PING,
DAYTON, W.T.
GOVERNOR STEVENS' LAST MESSAGE TO THE LEGISLATURE. 505
could have wished some things had been done more wisel}', and that my whole course
had been guided b}^ my present experience. I claim at your hands simply the merit of
patient and long labor, and of having been animated with the fixed determination of
suffering and enduring all things in your behalf Whether in the wilderness contending
with the hostile elements, managing and controlling the more hostile aborigines, or
exploring the country, or at the capitol struggling with disaffection, the subject of obloquy
and abuse, I have no end but my duty, no reward in view but my country's good. It is
for you to judge how I have done my part, and for the Almighty Ruler to allot to each
man his desert.
" I close this address with the expression of the confident hope that your session will
be harmonious, and will result in the advancement of the best interests of our territory
and common country."
In the body of the message, he had reported to the legislature the circumstances
connected with the declaration of martial law, and had closed the reference in this manly
language : " When the time had come for all members of the community to resort to
arms, when the officers of justice are in the field in command of troops, it would seem to
be the dictate of patriotism, and to be an obligation of duty, to avoid a collision with the
authorit}' intrusted to the general defense. Least of all would it be expected that the field
should be abandoned not only without orders, but without notice, to enter upon a course
the inevitable result of which was to bring about a collision, and engender strife and ill
feeling amidst a population alread}- too small, when united, to defend itself from the
common enemy and leave bauds enough at home to procure food for the coming year.
"I impute no want of patriotism, no inconsiderateness of action, to those who have
differed from me. I concede to all the highest motives of action which may be claimed.
I speak of stubborn facts, and of the inferences to be drawn therefrom, and of the practical
tendenc}' and effect of the action of those who sought to strike down the executive, when
laboriously and honestly exerting his whole force to briug back peace and prosperity to a
suffering people. I now leave this matter of martial law in your hands, fellow citizens of
the Legislative Assembly ; and I invite your most rigid scrutiny into the necessity of
proclaiming it, and the measures taken to enforce it."
That legislature did investigate patiently. The discussion was long and protracted.
William Strong, who had been the Whig nominee for delegate to Congress in 1S55,
championed the governor and his policy in the House. In that disintegration of the
national Whig party which had so recently occurred, Judge Strong had to select his future
political associates. Personal associations and surroundings, his recent connection with
the military organization as a captain, the selection of himself as counsel to the governor
to defend in the courts those acts which had grown out of the declaration of martial law,
and the necessary confidential relations that clientage begets, all fully explain his
affiliation with the Stevens following. It would not have been Judge Strong to have
seemingly deserted the cause of a client or friend. It aLso accounts for his subsequent
action with the Democratic party. Joseph S. Smith, an ardent Democrat, who had at an
early day been mayor of the city of Portland, and who afterwards so ably represented
the state of Oregon in the Congress of the United States, an able lawyer and debater, and
a man of earnest convictions, was the recognized leader of the anti-Stevens forces in the
House. In the Council, the veteran Whig, Colonel Wallace, its president, with Denn}-,
Abernethy and Alonzo M. Poe on the floor, all old Whigs, who suksequentl}- identified
themselves with the Republican party, together with William Cock of Olympia, a
506 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Democrat, constituted the opposition to the governor's declaration of martial law, and
other acts under investigation. James W. Wiley, editor of the Pioneer and Democrat^
Democratic councilman from Thurston county, led the Stevens supporters. Messrs.
Pagett of Lewis county. Huff and Van Vleet of Clark county, voted with him. The
resolution disapproving of the proclamation of martial law was passed by both houses.
Kindred questions connected with the martial-law investigation took the same course ; but
fuller reference belongs in another chapter.
This part of the author's labor is performed with many misgivings as to his ability to
be strictly impartial. That silent appeal from the grave which reminds him to "be just
and fear not," — that injunction which is due to those whose lips are closed, whose hands
are motionless in death, — imperiously demands him to be just to their memories and to
their deeds through life. He is also commanded with equal emphasis to be just to truth
and to one's self. Time, which makes all things even, has restored the sweet incense and
remembrance of the good of other days, has brought oblivion of everything which
marred friendships or poisoned the streams of personal goodwill. It has done its
charitable work of healing wounded feelings, and of appeasing disappointed ambitions. It
has obliterated the recollection that social relations were shattered, and even for the time
suspended, by the acerbities of political or personal controversy. It has effaced all
vestiges of personal rancor and partisan prejudice. And now, when the great hero of that
hour sleeps in the patriot's grave, shall one who, at the time, was- among his most ardent
of political opponents, be false to the trust imposed on him of recording the occurrences
of those times ? It were a labor of love to follow the preference so sincerely felt, — to
present nothing but a tribute of affectionate remembrance. No words of detraction nor
denial of the patriotism of Governor Stevens shall be found in these pages, whatever
differences of opinion may now be entertained, or however harshly or bitterly in that past
those acts in those troublous times were condemned in language of censure, a censure
provoked at the time and which found its occasion for utterance in the heat of an excited
political contest, or in the warmth of partisan discussion.
Recurring to the message, it will be found that the governor recommended, in
appropriate language, "that the hostile tribes be planted by the strong arm of military
power on reservations to be established by act of Congress." He justly denounced the
usurpation by an army officer, in the plentitude of his power, issuing edicts wip;ng out
the entire county of Walla Walla (i). The governor congratulates the legislature " that,
on this your assembling, you will find nothing to reproach the people of our beloved
territory with for their conduct either at home or in the field. During the first six months
of this war, not an Indian was killed except in battle. Throughout the war, not an Indian
has been killed in a volunteer camp. Captured animals have been accounted for as public
property. The animals and property of friendly Indians have been cared for and returned
to them. Since last April, some murders have occurred, one recently, under circumstances
of great aggravation (2). But the wonder is, that these murders were not much more
numerous ; for it must be borne in mind that for a long time the fealty of all the tribes
was uncertain, our citizens were in constant apprehension, and a spirit of exasperation
gradually rose and gained strength in consequence of the positive sufifering of the entire
(1) Order of Lieutenant-Colonel Steptoe, V. S. Army, August 20, 1856: "No eraigraut or other white person, except the Hudsoii's Bay
Company or persons having ceded rights from the Indians, will be permitted to settle or remain in the Indian country, or on land not settled or
not confirmed by the Senate and approved by the President of the United States. These orders are not, however, to apply to the miners engaged in
collecting gold at Colvile mines.
Governor Stevens' message and documents, session of 1856-57, page 59.
(2) The murder of Quiemuth, a hostile chief, in the executive oflSce, Olympia, November iS, 1856, by Jos. Buutin, son-in-law of Lieutenant
McAllister, killed by Quiemuth.
SESSION OF THE LEGISLATURE, 1856-57. 507
conlmun^t3^ We have waged the war with humanity, with moderation, with honor to our
countr}^ and honor to ourselves. The dignitj^ the justice and the mercy of the government
has been vindicated at our hands."
Recommendations for legislation and memorializing Congress were then made, with
suggested amendments to the militia law. From a statement of the survej^or-general
incorporated in the message, the legislature is informed as to the extent of the public
surveys : Amount surveyed under contracts from the surveyor-general of Oregon
Territor}', 1,876 miles; since the organization of Washington Territory, 2,969 miles;
making a total of 4,845 miles.
As before stated, the investigations invited by the governor occupied much of the
session. On the i6th of August, 1S56, Congress had passed a law entitled, "An act to
amend the acts regulating the fees, costs and other judicial expenses of the government in
the states, territories and District of Columbia."
Sections five and ten of that act are as follows :
"Sec. 5. And be it further oiactcd^ that the judges of the supreme court in each
of the territories, or a majority of them, shall, when assembled at their respective seats
of government, fix and appoint the several places of holding the several courts in their
respective districts, and limit the duration of the terms thereof: Provided^ that the courts
shall not be held at more than three places in any one territory."
" Sec. 10. And be it fiirtho- enacted^ that it shall be the duty of each of the judges of
the supreme court of the respective territories of the United States to designate and
appoint one person as clerk of the district over which he presides ; * * ''' and only
such district clerks shall be entitled to a compensation from the United States, except fees
taxable to the United States."
Heretofore ever}^ court created in the territory, whether of a district composed of
several counties, or of a single county, was called an United States district court, so
treated by bench and bar, and attended by the marshal and district court of the territory.
In section seven of this act, the title of these courts is reduced from its hitherto lofty
pretension of being an United States district court, and is called plainly and simply,
" the district court of the territories." Those by sections five and ten are limited in
number to one for each judicial district; and "they shall not be held at more than
three places in any one territory," and only one clerk shall be appointed for each of the
districts. To conform the civil and criminal procedure to the new condition of things, to
regulate the selection of grand and petit juries, to arrange the courts so as to accomplish
their purpose, in fact, to adopt the judicial system to the change, necessitated a series
of amendatory laws. A joint committee, consisting of three from the House, Messrs.
Strong, Morrow and Hinkley, and two from the Council, Messrs. Wiley and Denu}^, were
appointed. Those laws were drafted by Hon. William Strong, the chairman of the joint
committee, and unanimously passed. The judicial districts were redefined. The newly
created county of Slaughter was added to the third district ; and Chehalis was changed
from the first to the second district. One place in each district had been designated at
the term of the supreme court as the place for holding the terms of the district court
therein, as also the times of holding and the length of terms. The number of courts in
the territory were thus reduced to three ; and the new legislation, to conform the practice
to the requirements of the acts of Congress of August 16, 1856, declared "each judicial
district shall constitute one county ; and wherever in the acts, to which these acts are
amendatory, the words ' county ' or ' district ' are used, they shall be construed to mean
508 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
either 'district' or 'county,' whenever such construction shall be required to conform
the practice of the courts to the said act of Congress." The attempt was also made to
enlarge the civil jurisdiction of probate courts, and to confer criminal jurisdiction upon
said courts to try cases of misdemeanor. But soon a general opinion prevailed that such
enlarging of the powers of probate courts was inconsistent with the Organic Act ; and
those acts became inoperative. For years thereafter, onl}- three courts at places separated
by a great distance supplied that large area of territory, which, considering the difficulty
and expense of transportation, and the time occupied in traveling to the place of holding
court b}' suitors and parties not residents of the county in which the court was held,
amounted to a practical denial of justice, except to the few residents of the county in
which the courts were held.
A new county nominated Slaughter in the act creating it, in honor of the gallant
Lieutenant William A. Slaughter (i), was set off from the counties of King and Jefferson.
^ A few days after its passage, a supplementary act authorized the legal voters of the
county at the next general election to settle, by the highest number of votes, the name of
such county. At that election the name Kitsap was adopted, such being the name of a
war chief of the band whose haunts were upon the peninsula adjacent to Port Madison,
the county seat of the new county. At the time of the passage of the act, he was one of
the most promineut of the chiefs in the camps of the hostile Indians, and was a medicine
man. During the war he had received serious wounds on different occasions, which,
unaided by others, he treated and successfully healed. He took occasion to boast that it
was impossible for either white man or Indian to kill him ; and he succeeded for years in
creating in the minds of his people such a belief; and they had a superstitious dread of
his surgical powers, or, as the}^ called it, tamanous. On the iSth of June, 1856, Governor
Stevens addressed a communication to Colonel George Wright, Ninth Infantry, U. S.
Army, commanding the Columbia river district, offering, as superintendent, to take charge
of such Indians " Who may be reported by yourself (Colonel Wright) as having changed
their condition from hostility to peace." The governor excepted, however, from any
amnesty, Leschi, Nelson, Kitsap and Quiemuth, from the Sound. From motives of
prudence, considering the inflamed state of the public miud, Colonel Wright thought it
best not to act at once upon the governor's requisition. On October 4th, Governor Stevens
renewed the demand, adding Stehi to the list, and asking that those five " be sent to the
Sound to be tried by civil authority," giving reasons for insisting that those named should
be tried. On the i6th of October, Colonel Wright directed Major Garnett, Ninth Infantry,
U. S. Army, commanding at Fort Simcoe, to deliver them up. Each of those named had
been indicted for several murders. Leschi was tried, convicted and executed. His brother
Quiemuth voluntarily came to the executive office November 7, 1S56, and surrendered
himself to the governor to answer charges, and was to have been taken to the guardhouse
at Steilacoom the next morning at daylight. He was murdered in cold blood, in the
presence of a guard, during the night. A son-in-law of James McAllister, an early victim
of the war, who had been treacherously killed by Quiemuth, shot him. The slayer rushed
to the door, Quiemuth pursuing, where he was fatally stabbed and fell dead. Governor
Stevens made the complaint and had the supposed murderer arrested ; but there was
insufficient evidence to hold the party. This was the case of murder referred to by the
(I) First Lieutenant William .\. Slaughter, Fourth Infautrv. U. S. Armv, graduated at West Point in the class of 1S4S. No officer of the a™y
ever came to Fort Steilacoom who so endeared himself to the citizens of the'tcrritorv as did this gallant and enterprising gentleman. From the
breaking out of the Indian ivar, till his untimely death on the uiglit of the 4th of December, 1S55, when a night attack was made upon his little
camp by Kanaskut, chief of the hostile Klikitats, who fired the fatal shot, he distinguished himself for his gallant conduct.
GEO. D. SHANNON,
OLYIVIPIA,W. T.
SESSION OF THE LEGISLATURE, 1856-57. 509
Governor in the paragraph quoted from his message. Kitsap, having escaped from the
guardhouse at Fort Steilacoom, was subsequently arrested by a detachment of six
United States troops under Sergeant Gardner on the 6th of January, 1859. He was
tried shortly afterwards at Olympia and acquitted. He was killed by Indians of his own
band, April 18, i860. The circumstances connected with his death, published at the time,
are as follows : " While in the guardhouse at Fort Steilacoom awaiting his trial, Kitsap
was taken ill ; and a prescription composed of red liquid was administered. This had the
effect of restoring him to health ; whereupon Kitsap thought he had made a wonderful
discovery. Shortly after his return to his people, three of his warriors became sick.
Having previously informed them that during his captivity he had acquired a knowledge
of the healing art, he officiated as the medicine man for the occasion ; and, preparing a
mixture of water and the red stuff used to paint their faces, he gave it to them to drink.
Unfortunately for Kitsap, this didn't operate upon them as the medicine of like color had
operated iipon him at the garrison. The three invalids went the way of all flesh a few
hours after swallowing it. To the relatives and friends of the deceased, this looked like
willful murder, and they accordingly vowed to be revenged. A favorable opportunity
occurring by Kitsap being drunk, he was induced in this state to accompany his
executioners to a vacant cabin near Montgomery's, where two of them fired simultaneously
at him, both shots taking mortal effect. With knives they afterwards cut his throat from
ear to ear, and severed the body from the lower extremities, leaving only the backbone
connecting the two parts. In this condition his remains were found on the Sunday
following."
The usual amendatory legislation to school, road and revenue laws was consummated.
A number of acts of incorporation were passed, notable among which was the act
incorporating the Northern Pacific Railroad Company, the route being designated as
" commencing at one of the passes of the Rocky Mountains, and connecting with such
road passing through the territories of Minnesota and Nebraska, as the company may
elect, thence westward through Washington Territory by the Bitter Root valley, crossing
the Coeur d'Alene Mountains by the most practicable route ; thence across the great plain
of the Columbia with two branches, one down the Columbia to Vancouver, the other over
the Cascade Mountains to the Sound, with a connection from the river to the Sound ; "
also the act incorporating the Territorial Geographical and Statistical Society ; also the
Cit}- of Vancouver. The Penitentiary Commission Bill was amended, naming new
commissioners, who were to supervise the building. of the penitentiary at Vancouver when
Congress appropriated the necessary funds. Trade with or employment of Northern
Indians was made a misdemeanor, with fine and imprisonment as the punishment. The
license law was amended to prohibit the issuing of a " license for the sale of intoxicating
liquors, unless the applicant presents a petition signed by a majority of all the adult
white inhabitants of the precinct in which it is to be used."
The assembly memorialized Congress to separate the offices of governor and
superintendent of Indian affairs, or rather to make the latter an independent office, urging
as a reason that the experience of the late war had demonstrated that the duties of the
two might be inharmonious ; that the precarious relations between settlers and Indians
required that the arduous duties of Indian superintendent should be performed by an
officer exclusively appointed for the purpose. The usual prayer was made for a steam
war vessel upon the Sound to protect the exposed settlements against the inroads of
Northern savages ; the extinguishment of the rights of the Hudson's Bay and Puget
510 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Sound Agricultural Companies ; and for extra pay to Sergeant Kelly and his detacliment,
Company H, Fourth Infantry, U. S- Army, for " their efficient aid in protecting the
citizens that escaped massacre at the Cascades on the 27th of March, 1856, and their
gallant conduct in defending the blockhouse at that place against the combined attack, for
three days, of several hundred Indians ; " also to confirm to settlers, who were actually
residing upon their Donation claims at the time of the commencement of Indian hostilities
in 1855, the title to the same as though four years' actual residence had been made.
Before the members of the legislature had departed for their respective homes, those
who favored the principles enunciated by the national Republican convention held in
Philadelphia in 1S56, and which nominated John C. Fremont for the Presidency, together
with prominent citizens from all parts of the territory (invited because of their having
heretofore acted with the opposition to the national or territorial administration, or
Democrats of pronounced free-soil views, or those who had expressed sympathy with the
national Republican movement), assembled at Olympia and formally indorsed the national
Republican platform of principles, and organized the Republican party for the territory.
A territorial central committee was appointed, and the resolution adopted to organize in
each county, and to nominate full territorial, district and county Repiiblican tickets to be
supported at the next general election.
In the spring, business began to resume a more active and confident appearance.
Farmers were gradually returning to their claims. At the usual time, the Democratic
and Republican territorial conventions, respectively, assembled for the nomination of a
candidate to be supported at the ensuing election. The proceedings were conducted with
apparent unanimity. Governor Stevens received the Democratic nomination. Alexander
S. Abernethy was his Republican competitor. About the time that the political canvass
commenced, Selucius Garfielde, who but shortly before had been appointed receiver of the
United States district land-office at Olympia, had arrived at his post. He came with a
national reputation as an orator and stump speaker. He had, in the Presidential contest
of 1856, stumped many of the western and northwestern states, being steadily engaged
during the whole canvass. Of admirable personal presence and address, with a rich,
round and full voice of which he had singular control, with a peerless enunciation of
well-selected language, ofttimes rising to exalted eloquence and high-wrought imagery,
with a spleudid physique, his style of orator}^ was effective and captivating. He had but
few equals and no superior as a stump speaker, a platform orator or a jury advocate. His
natural gifts were extraordinary, his acquirements varied ; but he required spurring by
some motive to incite him to labor. He lacked application. His ambitions for office were
boundless, but were merely those of the place-hunter. With talents that fitted him for
any office within the gift of the people or of a national administration, he lacked the
energy to establish his claim, and forgot what was due to himself He was neither true
to himself nor to his friends, nor to any political party, nor consistent in anything. No
man was ever welcomed more cordially by a community than he. None ever made greater
prestige in his political dcbui. In politics, at the bar, in society, he might have been
master of the situation had he assumed to claim and retain the personal homage his newly
found home was so ready to accord.
He at once entered upon the congressional canvass for Governor Stevens,
accompanying him and making speeches on the national issues. Fresh from his political
services in which he had won so many laurels, in this smaller arena he dazzled the eyes
of his Democratic votaries, as he fought over in most eloquent style the political battles of
GOVERNOR ISAAC I. STE\'ENS ELECTED DELEGATE TO CONGRESS. 511
1856, and repeated those able and matured addresses on Democracy so popularly received
and frequently made in the preceding national campaign. How elocpently and
successfully he invoked the Democracy to achieve in the territory what their political
brethren had accomplished in the nation ! There was great plausibilit}- in that
encouragement. It had alwaA-s been the favorite theory in territorial politics that the
territorial delegate should be in political accord with the majority in Congress, especially
with the national administration. His presence and championship of partisan issues
enabled the Democratic candidate to devote his time and remarks exclusively to urging
his personal claim, to defending the Indian war policy of the territory, and to explaining
the necessit}' of martial law as a war measure, therebj- palliating its proclamation. He
appealed to those who had furnished their services and made advances, urging that, as he
had incurred the indebtedness, he was best adapted to explain the exigency ; and that to
secure the recognition of that debt and its payment by the general government, as he was
cii rapport with the national administration, as also with the Democratic majority in
Congress, it was safest as a business proposition to elect him. There was a still more
urgent appeal made by him. He it was, above all others, against whom General Wool
and his co-slanderers of the territory, its people and its soldiery, had hurled their poisoned
shafts of malice and falsehood for the purpose of ruining him in public esteem, and
defeating the just claims of the citizens of the territory and its volunteers in the defense
of their homes. Reliantly he asked, " Would the people consent to his sacrifice, and join
with their slanderers to consummate a wrong to him and to themselves ?"
His Republican competitor, Alexander S. Abernethy, one of the oldest settlers, and a
most respected and worthy citizen, not a public speaker, but a thinker, a concise and clear
talker and an able writer, rich in knowledge, of ample experience and thoroughl}^ informed
in the science of politics and in the needs of the territory, modest and unassuming to a
fault, declined to make open speeches in the canvass, and remained at home. William
H. Wallace and Elwood Evans represented him as the Republican canvassers. Both were
identified with the opposition to martial law. By the Democratic journals, both had been
classified as opponents of the governor's war policy. Both had been denounced as
" confederates of Leschi." The political platforms were fearlessly discussed by the
Republican speakers and Mr. Garfielde. Salient points of the governor's personal policy
were not spared ; 3^et no personal rancor entered into the canvass on the stump. The
issue at the polls ingeniously and steadily pressed was not Democracy as against
Republicanism. It was simply this, nothing more : " A vote against Isaac I. Stevens is
a vote against the Indian war as carried on by the people of the territory. It is an
admission that the charges made against him and the territorial authorities of Oregon and
Washington are true, and were justly made. It is a rebuke by the people themselves of
their officers. It is the verdict that the Indian war debt has no claim to recognition and
payment by the general government." Such was that contest of 1857. Never did those
engaged in the conduct of that canvass forget the amenities of social life. It was
pleasantly and gentlemanly conducted between the canvassers ; yet never were men more
disparagingly referred to in the partisan journals of the successful party than were the
two canvassers who carried the standard of the Republican part^' in its first canvass in
Washington Territory to signal defeat.
Governor Stevens was triumphantly elected, his policy sustained, and the instructions
given to repeal the Anti-Stevens measures, passed by the legislature of 1S56-57, by the
512 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
following decisive vote: Stevens 953, Abernethy 518. The legislature elected consisted
of, in the Council, six Democrats and two Republicans ; in the House, twenty-two
Democrats and seven Republicans.
On the nth of August, an event took place on Whidby's Island which caused the
greatest consternation throughout the territory, and threw the whole lower Sound country
into a state of the highest alarm and indignation. That night or towards morning. Colonel
Isaac N. Ebey was cruelly murdered at his own house by a band of Northern Indians, and
his head severed from his body and carried away. The perpetrators of this brutal outrage
were a party of Kake Indians, who have their homes as far north as between fifty-eight
and fift3'-uine degrees north latitude. They made a descent upon Whidby's Island, and
were supposed to have numbered about two hundred. During the da}-, they had called at
the house of Colonel Ebey and had been kindly received. When midnight came, they
again went to the house, called him out, shot him and cut his head off, and made their
escape, carrj-ing away the head. George W. Corliss, United States marshal, and his wife,
were visiting at the Colonel's. They and the Colonel's family managed to escape while
the Indians were parleying outside of the house (i).
For a long time, every effort to ascertain where the head of the murdered Ebey was,
and to secure its return, was unsuccessful. During the usual northern fall trip (i8,s8) of
the Hudson's Bay Company's steamer Beaver^ a village of Kake Indians, fifty-eight
degrees, thirty minutes north, was visited ; and Captain Swanston, master of the steamer,
learned that that band had the scalp of Colonel Ebey. Chief Trader Dodd, who was on
board, sent word to the chiefs of the village that he wanted to purchase it. Almost
immediately three or four large canoes filled with armed men came alongside of the Beaver^
and some eight or ten had boarded the steamer before their warlike appearance and conduct
were observed. The crew of the Beaver was beat to quarters, the guns run out, and the
ship prepared for action. The Indians were then put off and the canoes warned away from
the vessel. Inquiry was then made as to the cause of the hostile attempt to board the
vessel. The reply from the Indians was that they supposed the demand for the scalp was
preliminary to an attack on the village, if the demand was not complied with. On being
advised that no such intention existed, quiet was restored, and the Indians became
peaceable ; but they would not on any terms consent to surrender the scalp. On the fall
trip a year later. Chief Trader Dodd on the Laboiichcre secured Colonel Ebey's scalp from
the Northern Indians, and presented it to Alonzo M. Poe, who gave it to the relatives of the
deceased. That blood-curdling horror had no provocation in any act of the gallant Ebey.
He was always just and discreet in his treatment of that race. It was a reprisal on the
part of the Northern savages. It was the delayed gratification of revenge. It was the
deferred execution of the threat made by the subtle, unrelenting, unsubdued savages
chastised in November, 1856, at Port Gamble, by Captain Samuel Swartwout, U. S. Navy,
then in command of the U. .S. steamship Massachusetts.
The election of Governor Stevens to Congress, as also the fact that his commission
had expired in the early days of the previous March, had created a vacancy which was
filled by the appointment of Fayette jMcMullin of Virginia, who had served in several
Congresses as a member of Congress from that state. He reached Olympia early in
September. On the 7th of December, the Legislative Assembly (fifth annual session of
1857-58) convened at Olympia. Christopher C. Pagett, of Lewis count}-, was elected
(ij Both Mr. Corliss and his wife were subsequently murdered on the island by Northern Indians, supposed to be the same band, and actuated
by the same motive.
JUDGE A.J THAYER,
CORVALL IS ,OR
'X
MRS. A. J. THAYER.
PORT LAN D, OR.
MAJ THEODORE J. ECKERSON, U.S. A
.v
..'/i
:^^'f%^^:'
^ %v^
^^\ .-:*■''
J.R. BAYLEY, MD.
NEWPORT, OR.
MRS. ELIZABETH BAYLEY,
NEWPORT, OR
GOVERNOR McMULLIN'S MESSAGE TO THE LEGISLATURE. 513
president of the Council ; and John M. S. Van Cleave, of Pacific county, was elected
speaker of the House of Representatives. On the twelfth. Governor McMullin delivered
the customary message. He alluded to his recent advent to the territory as a reason why
he could give but little information beneficial to the Assembl}', and was unable to make
any recommendations. This afforded the opportunit}- to laud the President of the United
States and his Cabinet advisers : " Gentlemen of enlarged and liberal views, who are true
to the Constitution and the Union, and who will contend for the rights and equality of the
states. In conclusion, I will say to you, my countrymen, that if we wish to preserve this
great and glorious Union, which has recentl}^ been shaken to its very center, and which I
seriously fear is still in imminent danger, it can onl}? be done by adhering strictly to the
Constitution, — that sacred instrument which will be to us as a ' cloud by da}^ and a pillow
of fire by night.' We must, at the same time, practice and carry out the clear and
unmistakable doctrine of non-intervention, a doctrine which will and must be maintained
so long as we recognize the right of a representative government. If we will but do these
things, I hope and believe that God, in the plenitude of his mercy, will continue to
bestow upon us, as he has hitherto done, his rich and innumerable blessings."
He protested against " the attempt to rob Washington Territor}^" characterizing it a
"political, moral and social outrage" on the part of Oregon in the northern boundary of
the state, as suggested in its proposed constitution. Instead of following the forty-sixth
parallel, after its intersection with the Columbia river, eastward, it aimed to preser\-e a
natural boundary b}' continuing up the channel of the Columbia to the mouth of the
Snake, and then adopting its channel as the east. This would have secured to the new
state of Oregon the Walla Walla valley; but at that time it was unoccupied and unsettled,
the militar}- interdict against American occupancy issued b}' General Wool not having
been removed. The state constitution of Oregon, however, had expressly provided for the
alternative, anticipating that Congress would not disturb the boundaries of the territory
of Washington as defined by the Organic Act. That boundar}'^ was adopted by Congress
in the Oregon Admission Act ; and Walla Walla valley, or so much of it as lies north
of the forty-sixth parallel, remained a part of Washington Territory.
As an encouragement to emigration, the governor recommended a gift of a quarter
section, without any restrictions imposing residence or cultivation.
The legislature was advised that Congress had appropriated thirty thousand dollars
to erect the public buildings at the seat of government. Responsive to this suggestion,
an act was passed appointing commissioners to provide for the erection of the capitol
building at Olympia ; " but no money was to be expended until the Attorney-General of
the United States had pronounced the title valid in Washington Territory to at least ten
acres of land, including that whereon the present capitol stands." Commissioners were
also appointed, by an amendatory act, to superintend the construction of the penitentiary,
which had been located at the " Short claim," in the city of \^ancouver. Much routine
legislation was accomplished, including amendments to the militia law, common school
law, and also providing for the distribution of territorial arms, the recording, as also the
vacating, of town j^lats, and making it a criminal offense to sell liquor to Kanakas. The
United States coast-surveying officers were authorized to enter upon lands to erect signals;
and the destruction of those signals was made a misdemeanor. The territorial university
was relocated at Cowlitz Farm Prairie, in Lewis county, provided a donation of one
hundred and sixt}' acres could be secured. In such event, the two townships of university
lands reserved by Congress were to be sold. There were a great number of incorporation
514 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
acts passed and county boundary lines changed. The county of Spokane was cut off from
Walla Walla county, and included all of Eastern Washington, commencing at the mouth
of the Snake river, following its channel to the fortj'-sixth parallel, thence east to the
Rocky Mountains, thence north to the northern boundary of the territory, thence west to
the Columbia river, and down that river to the place of beginning. Several divorce bills
were passed, notably that of Fayette McMullin and Polly A. McMullin. The name of
his divorced wife was Polly Wood. When the governor had shuffled off that '" marital
coil," he did not pause, but took to himself another Mary Wood, with whom he returned
to old Virginia within the year, leaving the administration of affairs of state to Secretary
Charles H. Mason, as acting governor.
The legi-slature, in obedience to the popular verdict at the election in 1857, rescinded
the action of the previous session disapproving of Governor Stevens' declaration of martial
law. The legislature now resolved: "That the resolution passed January 16, 1857, does
not now, and did not at that time, express the opinion of a majority of the citizens of
Washington Territory, but was in direct contravention of the same, a fact manifested
by the triumphant election of Governor Stevens as delegate to Congress, he receiving
in such election over two-thirds of the votes cast." The legislature also censured its
predecessors because of their omission to condemn the course pursued by General Wool
and Colonel George Wright, and then went on to censure those officers and to commend
the war policy of Governor Stevens, and acknowledge in eulogistic terms the services of
the volunteers. The^' also united with Governor McMullin in rebuking the alleged
covetous desire of Oregon to acquire Walla Walla valley, and strongly upbraided the
interdict of the United States army officers in expelling American settlers and prohibiting
settlement. A vote of thanks was tendered to Governor Curry of Oregon for his able
message to the Oregon legislature concerning the Indian war, and the policy of that
executive. A memorial was adopted urging the separation of the office of joint
superintendent of the territories of Washington and Oregon, and the creation of a
separate superintendency of Indian affairs for Washington Territory (i). Additional
memorials on many subjects were also passed, suggested by the condition of affairs
growing out of the Indian war, and the privations of citizens consequent thereupon, and
the usual needs of a frontier territory, together with the fact that it had an exclusive
coast line and was without appliances to encourage commerce.
Immediately before the adjournment of the United States Senate, June 18, 1858,
that body confirmed the appointment of Obadiah B. McFaddeu as chief justice of the
supreme court of Washington Territory, and William Strong and Edmund C. Fitzhugli
as associate justices.
In 1853, parties of the Northern Pacific Railroad exploration had found traces of gold
in many streams west of the Rocky Mountains. In 1855, the bars of the Upper Columbia
and its tributaries proved remunerative to miners ; and reports were numerous that north
of the forty-ninth parallel gold existed in large quantities and was extensively diffused.
But the attention of the officers of the Hudson's Bay Company was not excited until
about March i, 1856, when Archibald McDonald, Chief Trader, in charge of Fort Colvile,
apprised Governor Douglas that gold had been found in paying quantities on the Upper
Columbia, within British territory. On the i6th of April, 1856, Governor Douglas
communicated the intelligence to the British government, suggesting a tax upon miners
(i) The provision that the governor should exercise the duties of superintendent of Indian affairs had been abrogated by an act of Congress
approved March 3. 1S57 ; and the territories of Oregon and Washington had been consolidated into one superintendency. Jaiues W. Nesmith had
been appointed the superintendent in the consolidated district.
THE FRASER RIVER MINING EXCITEMENT. 515
and the employmeut of a military force to secure its collection. Mr. Laboucliere, then
colonial secretary, replied August 4, 1856, that the government was unprepared " to
increase its expenses on account of a revenue derivable from such a source from that
distant quarter of the British dominions." Governor Douglas answered October 29,
1S56 : " The number of persons engaged in gold digging is yet extremely limited in
consequence of the threatening attitude of the native tribes, who, being hostile to the
Americans, have uniformly opposed the entrance of American citizens into their country.
The people from American Oregon are therefore excluded from the gold district, except
such as are resorting to the artifice of denying their country, and succeed in passing for
British subjects. The number of persons at present engaged in the search for gold are
chiefly of British origin and retired servants of the Hudson's Bay Company." He then
reiterates that experiments upon the tributaries of Fraser river justify the belief that the
gold region is extensive.
It must be borne in mind that, in 1S55-56, the Indian war in Washington Territory
had closed all the avenues of approach by land into adjacent British territory. Governor
Douglas asserted that Americans were deterred only by the hostility of British Indians
from rushing in to enjoy these new discoveries. He desired the adoption of a policy
by the British colonial authorities which would save British Columbia for the enjoyment
of British settlers to the exclusion of their American neighbors, and secure government
support and authority as an auxiliary to the Hudson's Bay Company in exacting tribute
from xA.mericans should they be tempted into British Columbia. But chief of all he desired
the attention of the government to the importance of its possessions on the northwest
coast of America, and to incite such a permanency of establishment as would secure
British competition for the commerce, wealth and political benefit of these regions.
There really had been no Americans within British Columbia, at that time called New
Caledonia, nor was there any real foundation for anticipating a raid by them, warranting
the assertion that to their ingress the natives were hostile. The efforts of Governor
Douglas to secure colonization from England, under the auspices of the British government,
were without success. After waiting more than a year, he redoubled his efforts to make
British Columbia attractive.
On the 29th of December, 1857, Governor Douglas was still corresponding with the
home government in regard to these gold fields, now designated by him as the " Couteaux
mines," from the name of the tribe inhabiting the region. " It appears from report that
tlie auriferous character of the country is becoming more extensively developed through
the exertion of the native Indian tribes, who, having tasted the sweets of gold-finding, are
devoting much of their time and attention to that pursuit. The reputed wealth of the
Couteaux mines is causing much excitement among the population of the United States
territories of Washington and Oregon ; and I have no doubt that a great number of people
from those territories will be attracted thither with the return of fine weather in spring."
Although the governor was silent on the subject, yet, on the day previous to the foregoing
dispatch, he had issued a proclamation declaring the existence of gold in the Fraser river
and Thompson's river districts, claiming the same as a royalty of the Crown, and
prohibiting mining in British territory without first having obtained a license, the fee for
which was fixed at twenty-one shillings per month. A copy of that proclamation had
been at once forwarded to Dr. William F. Tolmie, Chief Factor of the Hudson's Bay
Company, in charge of Fort Nisquall}', for publication iu the Pioneer and Democrat^
printed at Olympia, theu the only newspaper on the Pacific coast north of the Columbia
516 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
river. As a postscript to the advertisement, this notice was appended : " The Couteaux
Indians have driven all the Whites who have attempted to work the mines out of their
country; and people should be warned that they are decidedly dangerous."
At the commencement of the year 1858, there was no excitement whatever in Oregon
or Washington territories as to the supposed existence of gold anywhere in this northern
region. The Couteaux mines had never been heard of, much less were they an occasion
of excitement. Indeed, the people of those territories, after extensive and unsuccessful
prospecting, had abandoned the hope that the discovery of gold might become an incentive
to immigration. Not a single journal in Oregon or Washington, at that period, heralded
any such ideas, or published any sensational matter upon the subject. In the advertising
columns of an Olympia paper, the proclamation of Governor Douglas stood for weeks,
without even a comment from the editor. But it cannot be doubted that such ofi&cial acts
by Governor Douglas, than whom no man stood justly higher for probity, prudence and
thorough acquaintance with the country, did engender a popular belief that gold must
exist in large quantities, or that that eminent official would never have adopted so delicate
a step.
It was not until Alarch 5, 1S58, that the Pioneer and Democrat ventured to advert
editorially to the " supposed " discoveries of gold in the British territory. It then
announced " Reported gold discoveries." Accompan3nng its publication of the rumors
from Victoria came the qtiasi-o^cml assurance : " The same license is demanded of
Britains as well as Americans. British subjects and American citizens stand in perfect
equality as to the privilege of working the mines." The issue of March 12th chronicles
" Good news from the gold mines." With more confidence, on the 26th of March, the
paper heads its notice : " The gold regions north ! Highly favorable reports." April
9th : " Latest from the gold regions. Further encouraging news." April i6th, in
glowing colors, the Pioneer gives the latest intelligence " From the Fraser river gold
mines. Late reliable and confirmatory tidings." Those who started from the American
side of the forty-ninth degree could not have reached the diggings, owing to the difficulties
of travel and the high stages of water. Hence it was not the personal success of the gold
seekers. It was merely the word sent back which the Americans received from the
Hudson's Bay Company's employes as the former journeyed to the Upper Fraser.
This much has been quoted to show the progress of heralding the existence of gold.
The rapid spread of the excitement, substantially based upon the dignity of its origin and
the great deference for its eminent apostle, is illustrated by a statement from the columns
of the San Francisco Herald, as early as April 20, 1858, that the excitement in California
" was fully equal to that existing in the Atlantic States in 1849-50, in regard to California."
The Pioneer of April 30th announces the arrival of the steamer Commodore at Victoria
with 450 passengers, and the Columbia at Olympia with 250. In the foregoing memoranda
is portrayed the modest doubting start of the journal nearest to the gold fields, most liable
to be infected with the excitement, and most interested in attracting immigrants to the
vicinage. Although its advertising columns contained the authoritative invitation of
Governor Douglas to come and pay for the privilege of digging for gold where he ofiicially
proclaimed its existence, yet that journal, reflecting the sentiments of the people of Oregon
and Washington, did not feel warranted in attempting to create a sensation. These facts,
which are indisputable, repel the idea that there was any excitement in the American
territories previous to the spring of 1858. They clearly establish the proposition that the
inception of the Fraser river excitement is attributable exclusively to the official acts of
i%^'^
J. D. DAM MAN,
ELLENSBURGM.W.T.
THE FRASER RIVER EXCITEMENT. 517
the late Sir James Douglas, tlieu governor of Vancouver Island. The tide had now fairly
set towards Fraser river, — towards British Columbia.
The contemplation of one of these gold migrations is a pardonable, if not a necessary,
digression. The one under consideration is well marked in all its phases. It is eminently
worthy of the close attention of the student. Like a fever, it will be found to have had
its successive stages. Spreading far and wide over the earth's circumference, possibly
infecting even a larger field than its predecessor of California, it developed quickly, rushed
madly to the crisis, then as rapidly subsided. One short eventful year chronicled its rise,
its progress and its fall. It almost depleted Oregon and Washington of their male
population, who rushed in large numbers to the new gold fields. All the approaches to
the new mines were through and around those territories. The hitherto unfrequented and
almost unknown ports of Puget Sound were suddenly enlivened by the bustle and
excitement of a newly created trade, and swarmed with the gold pilgrims en route to the
Fraser. San Francisco will not forget that eventful year, the vast cargoes leaving the
Golden city on all sorts of vessels, calling into requisition old hulks long before laid up to
rot, which, in ordinary business transactions, a man of judgment would hardly risk the
weight of a feather aboard, surely not invest more than its value in such a venture ; yet
those old hulks carried thousands to the northern El Dorado. Truly the gold mania is
irresistible, carrying all before it, remodeling and revolutionizing every section it infects.
To recur now to the current acts of Governor Douglas after the arrival of vast
numbers at Victoria. On the 6th of April, 1858, he had written to the Secretary of State
for the colonies : " The search for gold and prospecting had, up to the last dates from the
interior, been carried on by the native Indian population." Can anj- one doubt that till
this time Governor Douglas was acting solely on the statements of Indians, and his faith
in the country ? On the Sth of Ma}^, he again addressed the Secretary, exulting in the
advent of numbers to the colony, and boldly avowing the project of making Victoria a
port between San Francisco and the gold mines, converting the latter into a feeder and
dependency of the colony of Victoria. After developing his plans, he concludes : " By
that means, also, the whole trade of the gold region would pass through Fraser river, and
be retained within British territory, forming a valuable outlet for British manufactured
goods, and at once creating a lucrative trade between the mother countr}' and Vancouver
Island." That very interesting correspondence tends in the same general direction ; and
pages might be quoted to illustrate the designs of that sagacious statesman, whose great
natural ability had been tempered by an experience of a third of a century on the Pacific,
where he was the leader of men and improviser of governments. Governor James
Douglas meant nothing less than the founding of an empire. He aimed at the creation
of British interests upon the Pacific, which would become of such importance as to cause
Great Britain to permanently establish its power in these regions. His attachment to the
Hudson's Bay Company, to whose service he had devoted a long life, induced the hope
that the company would contribute to the success of, and reap the advantages flowing from,
the accomplishment of his programme. Wise and sagacious was the projector of British
commerce and supremacy in these seas. He merited the compliment he received, — the
commission as first governor of British Columbia, and the honors of knighthood.
The first grand effect of the Fraser river excitement proclaims that during its
short-lived continuance, had the United States been owner of the ports of Esquimault and
Victoria, the advantage of position alone would have secured to the United States, or at
least have controlled for an American center of trade, the entire benefits which have
518 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
accrued from that remarkable gold hegira and its consequent events. If Victoria had not
become the recognized emporium of the gold fields, it is safe to say that a large city would
have sprung into life upon the shores of Puget Sound. Such a city in American territory
would have continued the outlet and absorber of the mineral wealth of the exhaustless
gold-bearing regions of British Columbia. The progress of the " excitement " has already
been traced to May, 1858. The advent of thousands had indicated that the most sanguine
hopes of Governor Douglas had been fully justified. The cloak had been thrown off, the
purpose avowed, of establishing Victoria as a port, concentrating all the trade with the
interior, through Fraser river, and of prohibiting American competition and enterprise
within British territory. Of even date with his dispatch to the British Secretary of State
for the colonies (May 8, 1S58), when thousands, mostly Americans, were congregated at
Victoria and at various points on Puget Sound, waiting for means of transportation to
Fraser river, Governor Douglas issued a proclamation declaring an embargo of said river,
except to vessels and boats of the Hudson's Bay Company, without a sufferance first
obtained from the custom-house at Victoria. Conditions were imposed that the owner was
to receive goods only of the Hudson's Bay Company, and that no arms, ammunition or
utensils of war should be carried up the river except from the United Kingdom. No
passengers were to be transported, except those Avho had a license and permit from the
government of Vancouver Island. There was an entire prohibition of trade with the
natives. After fourteen daj^s from date, the violation of the said proclamation subjected
the boats and propert}^ to forfeiture. The proclamation asserted the sole right of the
Hudson's Bay Company to trade with the Indians in the British possessions on the
northwest coast of America, to the exclusion of all other persons, whether British
or foreign. To enforce this proclamation. Governor Douglas called into requisition H. M.
ship Satellite^ Captain James B. Provost, R. N., who for several weeks maintained a strict
blockade of the river. Three hundred and four permits were issued. A number of small
craft were seized, together with several small cargoes of merchandise.
In announcing these acts to the British government (May 19, 1858), Governor
Douglas thus justified his course: "In the meantime, with the view of escaping the
greater evil of compelling people to have recourse to expedients for entering the country
by unlawful means, I am striving to legalize the entrance of gold miners into Fraser river
on certain conditions, which at once assert the rights of the Crown, protect the interests of
the Hudson's Bay Company, and are intended to draw the whole trade of the gold district
through Fraser river to this colony, which will procure its supplies directly from the
mother country. With those views, I proposed an arrangement on the following terms to
the agents of the United States Pacific Mail Steamship Company: i. That they should
place the necessary steamers on the river, between the mouth and the falls ; 2. That they
should carry the Hudson's Bay Company's freight, and such as they permitted to be
shi^Dped into Fraser river, and no other; 3. That they carry no passengers except such as
have secured a permit and mining license from the government of Vancouver Island; that
they pay to the Hudson's Bay Company, as compensation, at the rate of two dollars
head money for each passenger carried into or upon Fraser river." The maximum
charges for freight from Victoria to the mines were also regulated by this agreement.
He concludes the dispatch: "The object of all these measures is to gain facilities to
miners, and to secure the trade of the gold regions for our own country, as it will otherwise
take the direction of the Columbia river into American Oregon."
THE FRASER RIVER EXCITEMENT. 519
An idea of the development of the "excitement" is admirably presented in a letter
of Governor Douglas to the home government early in July, 185S. From that document
we learn that, from May 19th to July ist, the records of the Victoria custom-house
exhibited arrivals at that point of nineteen steamships, nine sailing ships, fourteen
decked vessels, with 6,133 passengers reported. And it may safel}- be added that large
numbers came as passengers whose names found no place on those reported lists. To
this should be added the fleet which arrived at Puget Sound ports, probably quite as
numerous, and which landed their living cargoes at Whatcom, Port Townsend, Seattle,
Steilacoom and Ol3'mpia. Nor must we forget the overland gold seekers who journeyed
thither from Oregon and Washington, by all the mountain routes, and appropriated that
great natural channel of communication, the Columbia river. There was also a vast
exodus from Canada, Minnesota and the lake states. Every part of the globe contributed
its quota to this remarkable stampede.
The object of the distinguished author of this gold bubble has already been
abundantl}' depicted, — the grandeur of the British Crown traveling hand in hand with
and contingent upon the permanent establishment and assured success of the Hudson's
Bay Company. In the mind of Governor Douglas, this two-fold result was to be attained
by those two elements depending upon and contributing each to the other. He founded
Victoria as an emporium of commerce, a center of power. He caused to be filled with
a numerous population the adjacent province of British Columbia. Such province was
to be entirely dependent upon Victoria ; and the Hudson's Bay Compau}^ was to be the
chief almoner to the needs of that people ; and they in turn were to be the dependants
upon the company as their source of supply. The termination of the exclusiveness of
right in the Hudson's Bay Company to operate or trade in British America west of the
Rocky Mountains was the immediate response by the British government when advised
that the " Fraser river excitement" was about to be urged as the basis of claim to increase
the privileges of that compau}', and to continue territorial or proprietary rights in the
British territory west of the Rocky Mountains.
It is no part of the purpose of this work to trace the history of British Columbia or
Vancouver Island, or of the relations of the Hudson's Bay Company thereto, being
content to leave that history at the point where the world-renowned Bulwer placed upon
record his commentaries upon the Hudson's Bay Company. It is claimed, however, that
the " Fraser river excitement '' merits an enduring place among the notable events in
history, because it hastened the downfall of that great monoply as an agent in colonization
or settlement.
Having commended the prudence and vigilance of Governor Douglas' administration,
improvised to meet an unanticipated and unparalleled emergency. Sir E. Bulwer Lytton,
then British Secretary of State for the colonies, reminds that official that his commission
strictly was confined to Vancouver Island ; but the steps taken to prevent the landing at
Fraser river of articles prohibited by the customs laws is approved. The dispatch proceeds
with instructions as to terms upon which foreigners will be permitted to navigate the
Fraser river, and to disembark passengers and goods. The governor is emphatically
warned against " using the powers intrusted to him in maintenance of the Hudson's Bay
Company in the territory, who, under its license, is entitled to exclusive trade with the
Indians, and possesses no other right or privilege whatever." The exclusion of persons or
the prevention of importation of goods, because of apprehended interference with the
monopoly, is strictly forbidden, "still more to make any governmental regulations
520 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
subservient to tlie interests or revenues of the company." The proclamation of May 8,
1858, is disallowed ; and the contract with the Pacific ]\Iail Company is disapproved.
Secretary Lytton, in this dispatch, discards in toto all claim of exclusiveness of privilege
to the Hudson's Bay Company under its " license of trade," except the mere franchise of
exclusive trade with the Indians.
Accompanying that official dispatch, Sir E. Bulwer Lytton transmitted a confidential
letter to Governor Douglas, tendering the commission of first governor of British Columbia,
then about to be established as a colonial government : " My public dispatch of this date
will have shown you the high value which Her Majesty's government attach to your
services, and, at the same time, will guard you against some of the errors into which you
may be led by your position as an agent of the Hudson's Bay Company, while at the
same time an officer of Her Majesty's government. The legal connection of the Hudson's
Bay Company with Vancouver Island will shortly be severed by the resumption by the
Crown of the grant of the soil. And their legal rights on the continent will terminate
in May next, at all events, by the expiry of their license, if Her Majesty should not be
advised to terminate it sooner on the establishment of the new colony. It is absolutely
necessary, in their view, that the administration of the government, both of Vancouver
Island and of the mainland opposite, should be intrusted to an officer or officers entirely
unconnected with the company. I wish, therefore, for 3^our distinct statement, as early
as you can afford it, whether you are willing, on receiving the appointment which is thus
offered to 3^011, to give up, within as short a time as may be practicable, all connection
which you may have with that company either as its servant, or a shareholder, or in any
other capacity."
On the 31st of Jul}^, Mr. Bulwer notified Governor Douglas that the confidential
letter of the i6th of July should also have mentioned the Puget Sound Agricultural
Company, a disconnection with which was also a sine qua non to the reception of an
appointment as governor of British Columbia. On the 14th of August, 1858, the British
parliament passed the act establishing a government for the province of British Columbia.
In transmitting to Sir James Douglas the copy of said act, Mr. Bulwer advises him, as its
first governor, that " The Hudson's Bay Company have hitherto had an exclusive right
to trade with Indians in the Fraser river territory ; but they liave had no other right
whatever. They have had no right to exclude strangers. They have had no rights of
government or of occupation of the soil. They have had no rights to prevent or interfere
with any kind of trading, except with Indians alone. But to render all misconceptions
impossible. Her Majesty's government have determined on revoking the company's
license (which would itself have expired in next May) as regards British Columbia, being
fully authorized to do so by the terms of the license itself, whenever a new colony is
constituted."
One of the immediate and direct results of the Fraser river excitement is an e.vposi:
of British policy, fraught with vast interest and full of instruction. How plainl}^ is
exhibited the strictness with which that wary government acts in her direct dealings with
her own subjects. How marked the contrast between rights of the Hudson's Bay
Company growing out of their pursuit of trade in American territorj-, under the license
of trade of 183S, when sought to be enforced as against the United States, and the
obligations recognized as due to the same company growing out of a cotemporaueous
presence under the same license, in a portion of the same region which had become British
territory, and the British government had become the party to construe the contract. The
1
\
/.'.
-3nr
\
W K
L.A.LO OMI S,
ILWACO, W. T.
REVOCATION' OF LICENSE OF TRADE OF HUDSON'S BAY COMPANY. 521
grant, though continuing until Ma}', 1S59, ^^'^s revoked in British territory b}- the British
Crown in the summer of 1858. And that government denied au}^ liability whatever to
indemnify the grantees for abruptly terminating the license. Neither did the Hudson's
Bay Company pretend to assert a claim for privation of benefits, the enjoyment of which,
for a prescribed term, it might have been supposed, had been guaranteed. In British
territory, "possessory rights" ceased to exist with the termination of the license which
conferred their enjoyment. B37 the treat}' of 1846, the United States had stipulated to
respect those identical "possessory rights" attaching under the same license when
exercised in American Oregon. British opinion ascribed an entirely different significance
to that term, under that treaty. As against the United States, those rights were construed
as continuing as proprietary interests, extinguishable only by purchase by the United States.
The Fraser river excitement is therefore interesting in a national view because it provoked
the necessity of the British government authoritatively construing the measure of
privileges, franchises and tenure of the Hudson's Bay Company under the license of
exclusive trade in the territory west of the Rocky Mountains, and the duties and
obligations of the British government to said company upon the recall of the grant. By
the decision of that government, no vested rights had attached in the territory, — no
"possessory rights."
No sooner did British Columbia begin to attract settlers, than Sir E. Bulwer Lytton,
speaking as one of the British cabinet the will of the British government, set at rest all
pretensions of proprietary claim, all continuing rigbts or equities supposed to attach to
such a license of trade, although such license had necessarily carried with it a permission
to occupy territory. " The company's private property will be protected in common with
that of Her Majesty's subjects; but they have no claim whatever for compensation for
the loss of their exclusive trade, which they only possessed subject to this right of
revocation."
That memorable stampede is eminently worthy of study. True, it was short-lived,
but how pregnant with results ! The mammoth monopoly, to benefit whom it was written
into existence by the ablest officer in the Hudson's Bay Company's service, that empire
organization which had survived for nearly two centuries, which profited so much while
the excitement continued, was itself to pass into history, its first great death-blow dealt as
a necessity growing out of the attraction of people to Fraser river. Vancouver Island and
British Columbia had become settled by free or individual settlers. Free settlements and
the Hudson's Bay Company occupancy were two principles which could not harmonize.
The former depended for its success upon the recognition of man's individuality ; whilst
the discipline of organized monopoly was the thralldom of the individual to its behests.
The one is vitality of progress, the other mere inanity. Both cannot survive. It was
admitted that the occupancy of a country by such an organization as the Hudson's Bay
Company could not be promotive of free settlement and colonization. It cannot have
escaped notice that, as the " excitement " progressed, the company was deprived of
exclusiveness of privilege to trade. Then it was put under the ban of government, and
its able chief compelled to renounce all connection with it before he could be intrusted
with the administration of the civil government. Strongly, too, was marked the opinion
of the eminent colonial secretary, that what might subserve the interests of the Hudson's
Bay Company was inimical to the true purposes of government, and to that security of
the immunities due to the settler. More recent events show that that gre^t company, once
exercising more than imperial power in a vast portion of the North American continent,
522 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
never recovered from the ordeal to which it was subjected in 1S5S, but that it was thereafter
divested of all territorial characteristics and proprietary powers ; that thereafter it was
confined to the enjoyment of the profits of legitimate trade, a mere commercial association.
This " excitement " marks the era when that transition commenced, if of itself it did not
contribute to or hasten the downfall of that vast controlling power.
Such were the results consequent upon the Fraser river excitement. Its pre-eminent
benefit to the Pacific slope is to be found in its powerful invocation to attention to the
great Northwest and its growing importance. It attracted to British Columbia and
Vancouver Island immigrants from California, Oregon, Washington, the Atlantic states,
Canada, Europe, Australia, the Sandwich Islands aud the Celestial Empire. As it
subsided, it left a colony in a prosperous condition, to whom it had contributed a large
population. Greater accessions to the population of Oregon, Washington and California
were furnished as the excitement expended its force than had been drawn from those
places during its continuance. To the latter it afforded a new and vastly increased demand
for her staples, and opened a new and vastly increased field for commercial enterprise. To
Oregon and Washington, the same benefits accrued, though necessarily in a less degree.
To the whole coast it gave a new vitality. What an impetus it gave to the advancement
of the great utilitarian idea of the age, — transcontinental land communication ! The
states (no longer western), and even the very conservative Canada, yearned for continuity
with the great Pacific. The remoteness between the two great oceans lost its ideal
significance, while the growing importance of the Pacific slope commanded the attention
of the Atlantic states. National ties were extended to and reciprocated upon the shores of
the Pacific, and the oneness of our nation intensified. Mountain chains were leveled ;
and the denizens of the Pacific slope were again brought nearer in feeling to early homes
and kindred. The conviction of antipodal distance, the result of education, was removed.
Less than ten years before, California had inspired the thought that the Pacific was much
nearer what we still call Jiome than our generation had learned at school. The Fraser
river excitement followed, approximating west to east. In this annihilation of ideal
remoteness, in this realization of onetiess of country, in the triumphant assurance that the
Pacific is to become the center of American commerce and empire, how much was
contributed by that singular episode, so intimately connected with the territorial
development of the great inland empire of Oregon and Washington, the " Fraser river
excitement ! "
The sixth session of the Legislative Assembly convened December 6th. The Council
organized by electing Crumline La Du, of Cowlitz county, president. The House elected
Edward S. Dyer, of Jefferson county, speaker. On the eighth. Acting Governor
Mason's message was delivered. It opened by contrasting the situation then with the
time (1S55) ^^ i" the same capacity had performed the like duty. An interesting rtsiim'e
of the Fraser river gold excitement and its effects was given, with appropriate comments
upon the restrictive policy pursued by the British authorities towards American miners.
The renewal, by the Indians of Northeastern Washington, of robberies and murders of
miners as they journej^ed through their territory en route to the northern mines, and the
subsequent chastisement of the murdering bauds by Colonel Wright, U. S. Army, were
recounted, and the gallant services of that distinguished ofScer acknowledged in fitting
terms. There was a hearty approval of the recent creation of the military department of
Oregon, because in the vicinage of the region where the presence of troops was required,
where duty was to be performed. The problem of transcontinental commuuicatiou by
SESSION OF THE LEGISLATURE, 1858-59. 523
rail, and the necessity of building properly located military roads within and to the
territory, were descanted upon, and attention thereto requested as proper subjects for
memorials. Those treaties, negotiated so long ago by Governor Stevens, remained
unratified (i). An urgent memorial was suggested. The legislature advised that General
Nesmith, Superintendent of Oregon and Washington, had recommended the establishment
of Oregon as an exclusive superintendency ; and it was suggested that the Assembly
concur in a memorial approving of such recommendation. The recognition and speedy
payment of the Indian war debt received proper attention. The resources of the territory,
especiall}^ its coal and lumber, were portra3'ed. The progress made in the public surveys,
and in the marking of the public boundary, was exhibited by reports from those in charge.
The necessity for the creation of additional land-offices to accommodate the extended
nature of new settlements received appropriate attention. The legislature was informed
of the completion of lighthouses at Cape Flattery, New Dungeness, Shoalwater Bay, and
upon Smith's Island in the Strait of Juan de Fuca. An appropriation had been made for
a lighthouse on Red Bluff, Whidby's Island, the arrangement for which had been
completed to secure its erection in the spring. The governor recommended memorials for
additional ones to be placed at Gray's Harbor, and upon the north end of Vashon's Island
or at Sandy Point.
At the last session of the Assembly, a joint resolution had passed appointing William
Strong, Selucius Garfielde and Butler P. Anderson to compile the laws of the territory and
report to the present session. Mr. B. P. Anderson of said commission made a report of
his individual labor on the seventh. His work was referred to a special committee who
reported, December i6th, that about two-thirds of the compilation had been made, and
recommended the continuance of Mr. Anderson at the work for twenty-five days, to report
January 20, 1859. At that time, Mr. Anderson submitted his "revision and compilation"
to a special committee, to whom the matter had been referred, who reported it to be " an
all-sufficient revision and compilation." The special committee were discharged; and Mr.
Anderson's work was laid on the table. On the 4tli of January, Mr. Maxon of Clark
couut}^ introduced a Council resolution, stating in its preamble that the resolution of the
last legislature had not been complied with, and that Mr. Anderson's work was
unauthorized; and, as the territorial treasury might be called upon to pay for such labor,
the president of the Council correspond with Mr. Anderson, " asking him to communicate
in writing to this body that he will in no event claim of the territory, whether as part of
the commission or an individual upon his own responsibility, an}' compensation from the
treasury of the territor3^"
Later in the session, Public Printer Edward Furste was, by a resolution introduced by
Mr. Maxon, asked whether he would print the said Anderson compilation, and in no event
look to the treasury of the territory for compensation. In the meantime, the House
passed a bill providing for payment for a compilation, which in the Council reached two
readings, was referred to the Committe on Ways and Means, reported to the Council
without recommendation, and, on being ordered to a third reading on motion of Mr.
Maxon, was laid on the table and made the special order for the 4th of February ensuing.
Mr. Maxon introduced a bill creating a code commission. One of its provisions was that
the parties performing the labor should look to the United States, and disclaim any liability
of the territory to pay for the service. That bill failed to pass the House. But few laws
were passed of a general nature, though numerous amendatory sections were added to
(i) They were all ratified March 8, 1S59. See " United States Statutes at Large," Vol. XII.
524 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
existing laws. Several county lines were slightly changed. A number of incorporation
acts were passed, among which may be named the " Town of Olyrapia," the " Cascade
Railroad Company," the " Sisters of Charity of the House of Providence." The memorials
in the main are such as the governor's message suggested, reaching the establishment of
roads, lighthouses and other territorial needs.
On the 14th of February, 1S59, the President approved the Oregon State Admission
Bill, whereby the southern boundary line of Washington Territory was adhered to, so far
as the same constitutes the northern line of Oregon. The residue of Oregon was formally
declared to be a part of the territory of Washington. The area of the territory was
thereby greatly amplified, and Eastern Washington extended southward to the forty-second
degree of north latitude, embracing within its borders the "South Pass" of the Rocky
Mountains, the great doorway of the overland route for immigrants to the Pacific states
and territories. Northward it extended to the forty-ninth parallel. It embraced all of
Idaho and Montana west of the Rocky Mountains.
■>*«'
^v
w«
HON IPA FM BUTLER.
MONMOUTH OR.
HON B F DOWELL,
PORTLAND OR
W, W PARKEP.
ASTORIA, OR.
Chapter L.
(1855-1856.)
The Oregon -Washington Indian Wars — Canses, Immediate and liemote — Race
Conflict for Supremacy — Agency of the Treaties — Condition of the Territories
as to Defense — Neglect of the Government to Station Snflicient Troops — Tlie
"Ward Massacre," 1854 — Indian Ontrages Precipitate tlie War — 3Inrder of
Bolon, Indian Agent — Haller's Expedition to tlie Yakima Conntry — Official
Knowledge of the Hostile Intentions of the Indians — Requisition of Major
Rains on the Governors of Oregon and Washington for Volnnteers — - Response
Thereto — Governor Cnrry's Proclamation Calling for Eight Companies —
Officers and Men, First Regiment Oregon Monnted Volnnteers — Reliisal of
Major Rains, U. S. Army, to Furnish to Them Arms, Ammunition and
Equipments — James W. Nesmith Elected Colonel — Governor 3Iason Api>oints
Major Rains Brigadier-General of Washington Territory.
BEFORE proceeding to detail the operations and acts incident to and the aggregate
of which constitnte the story of the Oregon-Washington Indian war of 1855-56, a
retrospect becomes necessary to ascertain its causes, immediate and remote, and to learn
the situation at the time when that cloud of discouragement and temporary disaster so
unexpectedly burst upon the exposed and then almost defenseless settlements of both
territories. Thus also will be made apparent the difficulties surrounding the problem
itself, the necessities for and the justification of that war; and it will be determined
which race was really blamable for the war and its consequences.
The Indian war of 1S55-56 retarded settlement. For 3'ears it deterred many from
coming to the territories. It almost entirely checked immigration. During its continuance,
and for some time after its termination, the discouragement and loss it had occasioned
caused numbers to abandon the territories. At the time of the outbreak in 1855, both
Oregon and Washington were in the full tide of hopefulness as to the early future.
Business was encouraging. Gold discoveries in the eastern section of the territory,
then the all-prevailing incentive to immigration, had commenced to attract attention.
Miners from all parts of the Pacific slope were wending their wa}' to the Colvile diggings.
The people felt assured at last that gold existed in their midst, aud that they were to reap
that benefit which would accrue from a gold excitement. They indulged the fond hope,
nay, the}' relied upon the assurance, that there was no danger to be apprehended from the
Indians, as they had just concluded treaties of peace and amity. Especially was such
feeling as to the future prospects, and as to the peaceable disposition of the Indian
population, in the Puget Sound region. There it was, and with the Indians of the
interior of Washington Territory and around the valley of the Walla Walla, that the
war prevailed with which these pages are to deal. Part of the war ground was within the
confines of Oregon Territory.
^ ^ ( 525 )
526 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
So far as the Indians not in the hostile parties exclusively making war against the
Puget Sound settlements (the Indians of the interior), the problem of safe transit by
white men through their territory en route to the northern mines was of quite as much
interest and importance to Oregon as Washington. Independent, therefore, of the
demands of a common humanity, the interests of Oregon were as materially affected as
were those of Washington in the attempted closing of the interior, by the hostiles, to
the advent of the miner. That vicinage of hostile occupancy and operation cut off travel
from The Dalles, obstructed the channels and checked the pursuit of profitable business.
It deterred miners from prosecuting their calling. It prevented the settlement and
development of a region as beneficial and tributary to Oregon, and quite as much its
appanage, as it was to Washington. Hence, independent of former territorial oneness,
the present condition of affairs allied both territories in a common interest. The territory
of Washington was the site where the blow was struck, the effect of which was as injurious
to Oregon as to Washington. True, the territories were separate and distinct. But their
people were of the same race ; and social ties and business relations existed which to a
great extent made them as one. A common cause, a common sympathy and duty, a
common interest in the necessity of, and in the opportunity to establish, peace and freedom
from danger in that country through which the citizens of both might travel or settle,
united the two in a common purpose to prosecute the war, to chastise the murderers of
citizens of both territories, and to conquer a lasting peace for the mutual benefit of both.
Again, when that outbreak burst upon the settlements, the United States military
commander of the district invited both territories to aid him to protect the settlements
(a duty assigned to him which he was utterly powerless to accomplish), called upon
both territories, and made them co-operative factors in the prosecution of the war. The
status was defined by the United States military commander of the district, he admitting
his inability to keep the Indians in subjection, by soliciting the aid of the authorities of
the two territories. The general government, b}^ its authorized agents, itself is directly
responsible for enlisting the two territories and their citizen soldiery in the prosecution of
that war. The most immediate cause for the necessity of thus involving those territories
in war (or, at least, the statement cannot be gainsaid that such a war might have been
avoided) was the supine neglect of the general government, and those intrusted with the
defense of the western frontier, to j^lace within the territories the means of protection to
the settlements, or a force calculated to overawe the Indians or instill them with respect
for the power of the general government. That wily and ever-observant race, who never
failed to take advantage of the weak, fully appreciated the insignificance and utter weakness
of the forces which had been stationed within the lines of the settlements to keep quiet
and peaceable the hordes of Indians west of the Rocky Mountains, and who here and
there had been restless and troublesome from the time that American settlement had been
initiated. Tribes of them in many localities never had been peaceably disposed ; and it
was necessary to closely watch them all.
The following is a faithful picture of the situation. The two territories embraced the
region westward of the Rocky Mountains lying between the forty-second and forty-ninth
parallels of latitude, containing an area of nearly 300,000 square miles. In this empire
in extent, the white population was perhaps 40,000, of which number 5,000 were resident
in Washington Territory, or that portion north of the Columbia river. The white
settlements were isolated, and scattered from the California line northward to Bellingham
Bay. In Washington Territory, there were perhaps 1,600 men capable of bearing arms;
CONDITION OF THE TERRITORIES AS TO DEFENSE. 527
in Oregon, perhaps 8,000. The Indian population numbered 20,000 in Washington
Territory, and was but little less in Oregon. In the vicinity of the Columbia river, on
both sides, the hostile bands were principally located east of the Cascade Mountains. On
Puget Sound and in Southern Oregon, the white settlements were in close proximity to,
and surrounded by, the hostile bands of Indians.
]\Iilitary posts had been established, and United States troojxs stationed throughout
this wide domain, as follows: At Fort Steilacoom, two companies of infantry, 152 men;
Fort Vancouver, two companies of infantry, 194 men ; Fort Dalles, three companies, two
of infantry and one of artillery, 231 men ; Fort Lane (eight miles from Jacksonville), two
companies of dragoons, 115 men; Fort Orford (Port Orford), one company of artillery,
47 men; a total of 741 men.
A glance at the map — as to the extent and topography of the territory; the sites of
the settlements ; the points of location of the military posts ; the number of troops in
garrison, and the arm of service to which the companies respectively belonged ; the hostile
region and the number of hostile Indians — must at once force the conviction that, for
the purpose of holding the Indians in proper subjection or repressing any outbreak of
refractory tribes, such a military establishment was utterly useless. The commanding
general of the department was at Benicia, many hundreds of miles from the scene of
trouble, he who was responsible, from the fact that the territory and its settlements
were entirely unprovided with the means of defense; for he it was who had made that
distribution of the United States troops.
Such was the defenseless condition of the territories. Such was their weakness ; and
their escape from a ruthless war of extermination did not depend upon the ability to cope
with the hostiles, but from the fact that the Indians themselves, who thoroughly
appreciated the weakness of the Whites, could not banish the jealousies existing among
themselves, — their suspicions towards each other arising from their naturally perfidious
disposition. Treachery was the pre-eminent characteristic of those Indians. They were
intelligent and full of cunning and resource ; nor did they lack physical courage, though
they alwa3's sought the advantage, and depended more upon ambushing their victims than
on open, manly warfare. There remains no doubt of the fact, for it is abundantly
corroborated by Indian testimony obtained since the cessation of hostile operations against
them, that at intervals reaching back years anterior to the diabolical massacre of the
peaceable inhabitants of Whitman's missionary station, and at various points in the entire
region from the California line to the northern boundary, plots were made and schemes
were planned looking to a grand combination of all the tribes, to strike simultaneously at
the exposed settlements, to murder isolated men, to cut off small parties, to exterminate
the Whites as far as practicable, or at all events to create such a terror on their part that
they would leave the countrj^ and deter others through fear from coming, and would
thereby retard American settlement and civilization.
This scheme, urged by the malcontents at the councils at the very time that they
were assembled and consenting to make treaties of friendship with the Americans, and
which had been canvassed for years previously, failed in great measure because the strike
was premature, the plan not completed. The intention existed to strike along the whole
line simultaneously. While the race generally, and with few exceptions, intended so to
act, while all were cognizant of the movement projected, some withdrew at the last
moment, betrayed their people and their plans, and sought to be longer fed and clothed by
the government rather than go into the field and fight the Americans. The government
528 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
gladly accepted that alternative ; for it was cheaper to feed than fight those who were
willing to be fed. But the greater cause for the scheme having been ouly partially carried
into execution is found in the very nature of the Indians themselves. Their disposition
absolutely prevented even a hearty and thorough alliance between separate bands of the
same tribe or nation, much less between separate and distinct nations. Mutual distrust
kept them aloof from any harmonious action. False themselves to every trust, they
doubted each other ; and their combinations were neither cordial nor lasting.
Limited space forbids, except in a general way, illustration of the clashings of the
two adverse civilizations, the latent but all-powerful and ever-continuing irrepressible
race conflict. Perhaps it were better to bave said the conflict between our so-called
civilization and (as we assume to style it) their barbarism. In the same region, both
cannot survive. The assertion cannot be successfully controverted that American
settlement cannot be made except by the occupancy of American territory by Americans,
and the subsequent dedication of it exclusively to American civilization. Such is the
general proposition, the great provoking cause, of the conflicts which are ultimately
settled by the " survival of the fittest." American appropriation means Indian exclusion.
That it was the purpose of Infinite Wisdom that this continent should become the abode
of civilization, the arts and Christianity, can hardly be disputed ; a:id all must admit that
this march of civilization, in the appropriation of the wilderness for its benign purposes,
necessitates the conflict between that race who were content that it should remain in
primeval desolation, and the advancing race whose mission is to spread the benefits of
civilization. The first — savage, without culture, without ambition — would not have that
wilderness transformed. The other, with all the appliances of civilized life, obedient to
destiny, drives before it the savage, levels the forest, and at one and the same time banishes
the savage himself and the game upon which he subsists. As a necessity, the Indian
must retire before the advancing settlements or be absorbed, himself merged into the
advancing column.
If it be wrong or criminal to subdue the earth and replenish it ; if it were a wrong to
have established upon this continent the United States of America ; if it be wrong to go
forth and preach the gospel unto every people, — then is American colonization wrong, —
American civilization the greatest of wrongs. This whole nation should have been left as
it existed, prior to the discovery b}' Columbus of the New Woidd. However much it is to
be regretted, howsoever unfortunate that such transitions of the wilderness and barbarous
regions must be necessarily accompanied by such conditions, yet Indian wars are but the
essential concomitants of American settlement, the necessary evil from which untold good
emanates. It measurably, however, removes the asperity of such cruel fact by the
remembrance that the Indian himself has invariably selected the time when he would
provoke the exercise of such necessit}'. He has always been allowed to prepare himself
for his arraignment in hostility to the further advance of civilization. He strikes and
strikes only when his victim is found to be defenseless, when settlements or settlers can
be surprised, overpowered and are unable to resist. To him the advancing race has
always magnanimously accorded the place and time for the commencement of hostile
operations, and only accepted the dread alternative of svibjugating him for self-protection.
So it was especially the case in the Indian war in Oregon and Washington in 1855.
It would be but an idle task to sum up the occasional acts of individual outrage
committed by both races through all those 3'ears since American settlement commenced
west of the Rocky Mountains. Those predatory acts were local. Like a local disease,
^t^
S.R.GEDDIS,
ELLEINSBURGH.W.T.
RACE CONFLICT FOR SUPREMACY. 529
they needed only local treatment, and in almost ever}- instance were matters for summarj'
settlement. The Indian war of 1855 was wide-spread and pervading. \\'hile man}- causes
might be suggested as affecting the Indian mind and provoking hostility to American
occupancy of the country; while it was precipitated by the perfidy of Indians who just
before had joined in treaties to allure the white race into a belief of their security; while
those very Indians went to that council to begin war there by the murder of the
commissioners, — yet that war, so far as the Indians were concerned, was made on their
part, not because of any personal outrages committed by Whites, not because of any
injustice sought to be inflicted by virtue of those treaties, not because the terms of the
treaties were unsatisfactory, but solely because it was the Indian purpose to exterminate
the white settlements, to force the white race to abandon the territory. That war on the
part of the Indians is perhaps sanctioned by what may be called patriotism. If merit it
had, then is that merit obliterated by the perfidious cruelty which marked its declaration
and commencement by them.
On the part of the people and the authorities of the territory, the Oregon- Washington
Indian war resulted from repeated and unprovoked outrages which were committed by
savages upon unoffending and defenseless white men, women and children. The causes
or the commencement should occasion no self-reproach nor shame to the people of either
territory. In no respect were any citizens of those territories the aggressors. No act of
their citizens nor of their officials provoked hostilities. There was no cause of complaint
by the Indians; nor were they afforded a shadow of justification for that outbreak of
perfidy and hate during the summer and fall of 1855. The only offense of the Oregon
and Washington pioneers, in the Indian estimation, was that as American citizens
they were in the country. That presence, lawful in itself, was to the Indian a standing
menace that others of that race would follow them. The war was initiated by the
native population to discourage immigration or American occupancy. Forced upon
our people, it was prosecuted by them solely to hold the country for our race, to protect
the settlements, and to effect a peace which would be lasting, and enable the white
population then in the country, and those who should come thereafter, to remain in safety.
That conflict, so unexpected to the American settlers, and for which they were so illy
prepared, may have been hastened by the negotiating of the treaties, and the events which
so quickly followed, — events which could not have been anticipated by any, either Indian
or White, who participated in those negotiations. In no sense, however, were those treaties
the cause of those hostile feelings which brought about the war.
With the purest of motives, for what was deemed the best interests of the Indian,
to avoid all occasion for difficulties between the citizens and settlers which might lead
to war, those treaties had been negotiated. By them the Indians were necessarily advised
that those lands over which they had theretofore roamed were thereafter to be appropriated
for American settlements. While it is true that those treaties were gratuitous promises
to pay the Indians liberally for what they only nominally owned, still soon must follow
that necessary sequel, though consented to by them, that the advance of settlement would
necessarily circumscribe the area of their roaming haunts, and possibly restrict them to
reserv-ations. Those treaties also provided for a metamorphosis of Indian nature,
obliterating his very identity, — civilizing him. Malcontents who had opposed the
treaties, who merely attended the council in the expectation that it w-ould culminate in
the murder of the few Whites who attended the commissioners, jealous of Americans
entering the territory, kept alive the discord. The predictions were made that, upon the
530 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
sale of those possessory rights by the Indians, the Whites would come in great numbers
and fill up the country. The representations were made, which many pretended to
believe, that they (the Indians) would be shipped on steamers to a sunless country.
Orators inilamed their prejudice against the American race. The incoming of settlers,
the spreading out of settlement consequent upon the belief that the Indians were friendly,
the travel of miners through their country to newly discovered gold mines, all gave color
to those insidious appeals. The faith was created : " White occupancy means Indian
extermination." The predictions of the malcontents were apparentl)' fulfilled. Those
Indians who had been peaceably disposed were imbued with doubt. " Words replete
with guile, into their hearts too easy access won." They had become enemies.
Since American colonization began, Indian wars have thus been inaugurated. Indian
disaffection has been accompanied with treacherous and perfidious murder by them of
unsuspecting and unarmed victims. Exposed and defenseless settlements have been
surprised and the inhabitants mercilessly sacrificed, regardless of sex or age. The war
of 1855 was no exception in the long array of Indian rapine and cruelty. It was
precipitated by the murder of a confiding, unsuspecting Indian agent in the performance
of official duty, in the act of intended friendship ; and also b}' the murder and mutilation
of a number of miners who were peaceably traveling through the Yakima country, as
they journeyed alone at a distance beyond any white settlements in pursuit of a
legitimate vocation, which meant no offense to any Indian, and was not a trespass on
any territorial right of that people. The lurking and ill}- concealed disaffection at the
Walla Walla grand council in May, 1855, the sullen resentment at times apparent among
that vast assemblage of five thousand Indians, the machinations of malcontents and
marplots, were fed and stimulated in the caucuses held during the recesses of its
meeting by the unforgiving and relentless Cayuses and Walla Wallas, who yet
remembered their chastisement in the Cayuse war ; and the disaffected Yakimas joined
in the intended conspiracy. True, a treaty of amity and friendship was signed in June;
yet during the negotiations, and up to the very night before the signing, those active
plotters and conspirators had labored assiduously to defeat the acceptance of the treaties
by the assembled tribes. They sought to array all present in a grand combination, and to
commence their work of murder on the council ground b}^ slaying the commissioners and
the small party present, and to continue their work by a simultaneous blow at the white
settlements while they were unprepared for attack. Such at least is Indian testimony,
as reliable as any which can be obtained from such a source, .and in this instance,
however, abundantly corroborated by events which so shortly followed. To effect such
a combination, to accomplish their purpose, the war orators made the assertion that the
sale of their country to the Whites, as they were wont to term the objects of the treaties,
would be followed by the immediate white occupancy of the territory; that the Americans
would pour into the country in greater numbers than ever; that the United States troops
would be used to force the Indians upon the reservations and confine them there as in a
prison, while the Whites would occupy the whole country.
The illustration was at hand to support those insidious appeals to native prejudice.
It was co-existent with the meeting of that great council. It had been furnished by
United States troops from Fort Dalles marching through their country ni route to punish
those of their race who had sought to stay the tide of immigration, who had resisted the
further coming of Whites to the countr}^, who had participated in that soul-sickening
horror, that brutal carnival of blood, the " Snake River Massacre " of August 20, 1854.
THE SNAKE RIVER OR WARD MASSACRE OF 1S54. 531
In May, 1S55, a force of United States troops had been sent out to the Snake country to
protect the immigrant route from Fort Hall westward, as also to punish those who had
committed those murders in the previous year. Indeed, one of the stories most successfully
used during the interval between the signing of the Walla Walla treaty and the initiation
of the series of murders iu the Yakima country in the late summer of 1S55, by the
preachers of the crusade against the white settlements, and to keep alive the disaffection
and stimulate the uprising of the Indians, was the arrogant and boasting rumor that
Major Haller and his command had been cut off and murdered by the Snake Indians.
The "Snake River or Ward ^Massacre " of 1S54, and those operations of the United
States military authorities in the department of the Columbia consequent thereupon,
greatly contributed to the creation of an unsettled feeling by the Indians in the upper
country. Those acts were inseparably connected with other cotemporaneous incidents
which were successfully referred to by the war-inciting orators to provoke Indian prejudice.
They constituted the premises for insidious appeal. They furnished the causes of alleged
grievances with which those orators inveighed against the further encroachment of Indian
country by the presence of their white invaders. They were most successfully used to
intensify disaffection, — to array in open hostility the tribes of Eastern Oregon and
Washington.
That lamentable and most horrible massacre by the Snake Indians of innocent and
inoffensive men, women and children, who had never meditated offense (the legitimate
out-cropping of Indian perfidy and hate), was heartily approved by the other tribes. The
attempt of the United States troops acting in concert with the settlers and immigrants to
punish it, and to prevent a recurrence of like outrages, had engendered the feeling of
resentment in the whole race. Other tribes might not actively ally themselves in resisting
that chastisement which the Snakes had so justly invited ; but the murderous Snakes had
the sympathy of all the Indian population of the great interior, regardless of tribal
relations or past tribal jealousies or differences. About that, the fact had been made
apparent to the Indian mind of all the nations, tribes or bands inhabiting the whole region,
that United States troops were present in the country to force the Indians to submit to its
occupancy by the Whites, nay more, were to be used to guard the routes by which the
immigrants came, and thus encourage greater numbers year after year to come and fill up
the countr\'. Thus the orator for war was furnished with all-sufficient proof to sustain
his appeals. His theory that the extermination of the W^hites was essential to Indian
autonomy was thoroughly supported by that illustration.
What is usually known in history as the " Snake River Massacre," though called the
" Ward Massacre " quite frequently to distinguish it from a similar catastrophe which
occurred several years later, occurred on the 20th of August, 1854, upon the south side of
Boise river, twenty-five miles above Fort Boise. The effective and wise Indian polic}' of
the Hudson's Bay Company had rendered the country in the vicinity of Forts Hall and
Boise perfectly safe for travel by white men so long as the Indians were aware that that
company was present in the countr3^ For years the immigrant wagon trains, and even
small parties, had journeyed through the country without occasion for fear of Indians, and
entirely escaping molestation from the natives. Such was the conduct of little parties in
the year 1854; and seldom was any provision made against attack or depredation by
Indians. The Ward party consisted of Alexander Ward, his wife and seven children, Dr.
Charles Adams and brother, Samuel Mulligan, William Babcock, Mrs. William White and
child (she was the wife of William White, a resident of Looking Glass Prairie, Douglas
532 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
county), John Frederick, Rudolph Shultz, Mr. Ames and a Frenchman, name unknown
(i), with five wagons, forty head of cattle, six head of horses and the usual outfit and
property of such a train of immigrants. Reckless of danger from Indians, they pursued
their journey without precautions for defense in the event of an attack. Their arms were
rusty and useless from continued neglect and disuse. In fact, they were no better off than
if they had been entirely without weapons.
They were suddenl}? attacked by a band of Winnass Indians (a tribe of the Shoshone
or Snake nation) numbering thirty warriors, and were entirely unprepared to make any,
and in fact made no, real resistance. Newton, a son of ]\Ir. Ward, aged thirteen 3'ears,
was the only survivor. From his statement it would seem that only Dr. Adams and
Mr. Mulligan had made any struggle with the Indians ; and that at the very outset the
rest of the men were killed by their savage foe. Newton had been severely wounded, but
succeeded in reaching the bushes, where he lay concealed until rescued by the small party
of immigrants who heard the firing and hastened to the assistance of the Ward part}'.
The eldest Miss Ward, who had attempted to escape by flight, was pursued ; and she
made such resistance that the enraged Indians shot her in the head. The murderous
wretches then set fire to one of the wagons, heated an iron and with it mutilated her dead
body. With the surviving women and children and four wagons, the Indians started for
their camp upon the Boise river about a mile distant, ^\'hen they had reached the bush,
the}' burned up three wagons. Having outraged Mrs. White in the most horrible manner,
they shot her in the head and instantly killed her. Mrs. Ward and three small children
were placed in the last remaining wagon, taken to the Indian camp only to be subjected
to such torttire as an Indian only can conceive. The three children were put in the
wagon, and it set on fire. The children by their hair were held across the burning wagon
and slowly charred to death, their mother being compelled to stand and witness their
agonv. Having been subjected to the same cruel penalty which Mrs. White had suffered,
she was then dispatched by a blow from a tomahawk.
Another party of immigrants were traveling sufficiently near to hear the firing, and
to learn that an Indian attack had been made upon some of their number. A volunteer
party of seven headed by William Yantis hastened forward, and seeing the Indians
engaged in robbing the wagons charged upon them ; but their numbers were insufficient
to contend with the Winnass band, which numbered about thirty. In that struggle, a
young man named Ammen was killed. Two days later, John F. Noble, who was at Fort
Boise on his way to the states, led a party of eighteen volunteer immigrants to the site of
the massacre. They found the bodies of Alexander Ward and his eldest son Robert,
Mulligan, Adams, Babcock and Schultz at the place of the first attack. Young Ammen's
body was found some three hundred yards distant. One hundred yards further on, they
found the mutilated corpse of Miss Ward, shot through the head ; and the evidence was
manifest of the unspeakable outrages committed on her person. Not far distant, three
wagons had been burned. Near at hand was found the mutilated body of Mrs. White.
Across- the river was the camp, which iudications established had consisted of sixteen
brush lodges. Among the debris of that camp was found the body of Mrs. Ward,
tomahawked and mutilated, and near her the charred remains of her three little children,
murdered by that slow fire in her agonized presence. The fate of the other four children,
and John Frederick and the unknown Frenchman, never have been ascertained. The
Indians could not be seen anywhere ; but signs indicated their fliight to the mountains.
(I) House Miscellaneous Documents. Thirty-fifth Congress, second session, No. 47, page 58.
HON. p. PAQUET,
OREGON CITY.Of?.
PURSUIT OF THE PERPETRATORS OF THE WARD MASSACRE. 533
Noble and his part}' buried the mangled and mutilated \ictim.s of Indian atrocity, and
forwarded by express the news to Fort Dalles, which reached there August 28th. On the
next day, INIajor Haller, U. S. Army, organized a force numbering twenty-seven privates,
together with himself. Lieutenant MacFeely and Surgeon George Suckley, who were joined
by a company of thirty-seven volunteers, settlers and immigrants commanded by Captain
Nathan Olney, Lieutenants Orlando Neal and J. A. Staley, all under the command of
Major Haller. They reached Fort Boise September nth, and were joined on the twenty-
ninth b}' Lieutenant Day and fifteen troops, Third Artillery, U. S. Army.
On the 1 2th of September, the volunteers captured four Indians. They were placed
in charge of Lieutenant Neal and six men, and in endeavoring to escape were shot. On
the fifteenth, Major Haller with his force moved to the Payette river, and captured five
empt}- lodges and several packs of dried salmon. The friendly Indians who had
accompanied as guides found, in caches^ articles which had been stolen from the Ward
party. On the discovery of the Indian camp, Olney, with the volunteers, captured an
old man, who proved to be head chief of the Winnass Indians, a squaw and three children.
On the next day, the regulars surprised a lodge of Winnass Indians, killed two, and
captured three squaws with several horses and a quantity of provisions. The command
then returned to the Boise river, and made a night attack on a village of Indian lodges;
but the Indians had a few hours previously made a hurried escape. The Haller expedition
then marched thirty-five miles bej-ond Fort Boise, and went into camp. A scouting party
on the 2 1st of September met a small part}- of immigrants headed by a man named
Jeffreys. He informed them that Indians were following his train, and had threatened to
attack it. The soldiers charged upon the pursuing Indians, who retreated. A horse was
captured, but no Indians were killed. The soldiers continued the pursuit, and captured
eight of the savages, who were summarily tried by a military commission, condemned and
executed on a gallows erected on the Indian camp ground where Mrs. Ward had been so
cruelly murdered, and her children burned to death. As the Jeffreys party were the last
of the " immigration of '54," Major Haller with his command returned to The Dalles,
without having lost a single man in the expedition.
During the following May (1855), General W^ool, U. S. Army, commanding the
Department of the Pacific, ordered Major Haller, Fourth Infantry, U. S. Army, with a
detachment of one hundred and fifty United States troops, rank and file, to Fort Boise and
vicinity to guard the immigrant road (i). Nathan Olney, Indian agent, accompanied the
expedition. The command of Major Haller reached Fort Boise July 15th. The next day
a council of the Indians of the vicinity was held. Two hundred were present, of whom
sixty-five were warriors. While the council was being held, four Winnass Indians came
in to witness the proceedings. All were arrested as soon as the council was through.
One of them made a confession, naming the actors and detailing the circumstances of the
Ward massacre, and volunteered to conduct the command to the camps of the \Mnnass
tribe, where the murderers were concealed. He then broke from his guard ; and the
sergeant shot him as he attempted to escape by the river. The three others were tried by
a board of officers, convicted and sentenced to be hanged at the place where they had
committed their horrible crime. The day after the trial, the command marched to the
scene of the tragedy, dug a large grave, and in it deposited the remains of the victims of
the massacre, which had been disinterred by the coyotes. They then erected a gallows,
and upon it hanged at one time the three Winnass Indian murderers of the Ward party.
(i) Letter of General Wool, commaudiug Department of the Pacific, L'. S. Army, in report of the Secretary of War, 1S55. Message and
Documents, 1855-56, page 78.
534 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
A day or two later, tlie bodies were taken down and buried. The gallows was allowed to
stand for the good it had done, and to warn other Snake Indians of the punishment which
should be visited on the murderers of immigrants.
The command then marched to the great Camass Prairie, thirty-five miles from the
crossing of Malade river, and over sixty miles beyond Fort Boise, where a camp was
found. From there, escort was furnished to one train to Fort Boise. Detachments were
sent to Salmon Falls, and to other points where immigrants were expected to pass. Major
Haller went about one hundred and fifty miles beyond Fort Boise. The command
remained in the country until late in September, when the immigration of 1S55 was
through, and then returned to Fort Dalles.
Details of the murders in the Yakima country have been given in the preceding
chapter, as also of the immolation of Sub-agent Bolon by the direction of Kamiakin, head
chief of the Yakima nation. Immediately on the receipt of the intelligence of those
murders. Major Haller, U. S. Ami}', left The Dalles on the 3d of October, 1855, with one
hundred men for the Yakima country, intending to effect a junction with Lieutenant
Slaughter, U. S. Army, who, with forty United States troops, had left Fort Steilacoorn
September 27, 1S55, for the Yakima country, via Nahchess Pass. The orders of Major
Haller were to demand the murderers of Bolon, and chastise the Yakimas.
On the 6th of October, while descending a long hill in an open countrj^, and
approaching a stream whose banks were covered with oak trees and thick undergrowth,
the advance guard discovered the Indians in their front. At some distance on a bluff,
a chief appeared and harangued his warriors, who responded with the warwhoop. The
position of the Indians had been determined by the sound. The advance guard was
drawn in, the rear guard closed up, and the battle commenced. The loss at that point
was one soldier killed and seven wounded. War parties of Indians had been constantly
arriving, considerably augmenting their numbers. Captain Russell's companj' being on
the left, descended the hill, and turned the right flank of the Indians in the brush.
After a vigorous charge, the Indians fled. It was dark before the wounded had been
collected. The command then advanced about a mile, and on ascending a height the
Indians could be heard at a short distance. From the guide it was ascertained that
they were preparing for an attack. No attack however was made until daylight. Major
Haller's position was susceptible of defense, but destitute of wood, grass and water.
On Sunday, the seventh. Major Haller's little force was surrounded by about seven
hundred Indians, who during the day were reinforced by accessions of bands to the
number of fourteen hundred. INIajor Haller then sent to The Dalles for the reserve
force of forty-four men under Lieutenant Day, Third Artillery. The troops maintained
their position all that day, and, by repeated bayonet charges, kept off the Indian
skirmishers. Up to Sunday night, the loss had been two soldiers killed and thirteen
wounded. The return to The Dalles by a night march was then determined upon.
The rear guard had become separated from the advance ; and a halt to rest the men
was made on the summit of the mountain. Major Haller's force now numbered forty
eff"ective men. On the morning of the eighth, they resumed their march for The Dalles.
A running fight ensued. Before sundown, the Indians were again charged and driven
out of the timber, after which the troops were not molested. The total loss on that
expedition was five soldiers killed and seventeen wounded. The rear guard, which had
taken another trail, arrived at The Dalles without molestation. Major Haller with his
advance reached Fort Dalles on the morning of the tenth, with his wounded and baggage.
OFFICIAL KNOWLEDGE OF THE HOSTILE INTENTION OF THE INDIANS. 535
Lieutenant Slaughter having learned of the reverse of Haller, and that he had returned
to The Dalles, recrossed the Cascade Mountains and fell back to a prairie on White
river, to await further orders and for reinforcements.
The repulse of Major Haller by the Yakimas was doubtless the chief moving cau.se
v\'hich impelled Major Rains, commanding the military districts of the Columbia river
and Puget Sound, to make requisitions upon the two governors, Currj' of Oregon and
Mason of Washington. But it is interesting to chronicle that this hostile state of feeling
of the Indians was thoroughly known by the United States officials at the time, and
that the utter deficiency of means upon the part of the United States military departments
to punish the murderers, or protect the settlements, was also officially acknowledged by
the highest militar}' authorities.
On the i2th of October, 1855, U. S. Indian Agent Olney, writing from Walla Walla,
thus officially advised Governor Curry :
" I beg to draw your attention to the fact that all the Indians north and south of the
Columbia, this side of the Nez Perces and Spokaues, have either commenced open
hostilities upon the Whites, or are concentrating their forces- for that purpose. I just
arrived at this place this morning from The Dalles, and find the most alarming state
of affairs as to the friendly relations heretofore existing between the Americans and Walla
Wallas, Palouses, Umatillas and Cayuses. I am doing all in my power to check the
gathering storm ; but I fear nothing but a large military force will do au}^ good towards
keeping them in check. The regular force now in the country I do not consider sufficient
for the protection of the settlers and the chastisement of the Indians. One thousand
volunteers should be raised immediatel}-, and sent into this part of Oregon and
Washington territories. Dela}' is ruinous. Decisive steps must be immediatel}- taken.
The}' must be humbled ; and in all conscience send a force that can do it effectually
and without delay. These Indians must be taught our power. The winter is the very
time to do it."
Again, on the ist of November, 1S55, U. S. Indian Agent Nathan Olney apprised
the governor of Oregon :
" The Cayuses are determined upon war. They are only waiting for the young men
that are out in the buffalo country. They expect the Nez Perces and Spokaues to join
them. I am more and more inclined every day to the belief that the Spokanes, Nez Perces
and Cayuses will go to war with us as soon as they can fix it."
Here is the official testimony of Isaac I. Stevens, Governor of Washington Territory,
and then superintendent of Indian affairs :
" In the summer of 1855, the general impression in both territories was that there
was little to fear of war. The Indians had been more or less disaffected for a long time ;
but treaties had been concluded, with which they pretended to be entirely satisfied ; and
the feeling of confidence on the part of the settlers followed. In the spring of 1855, both
Colonel Bonneville, iu command of the Columbia river district, and Major Rains, in
command of The Dalles, came to the conclusion that the Walla Walla chief,
Peu-peu-mox-mox, ought to be seized and put in confinement on the ground that he
was getting up a general Indian war; and he would have been seized and put in
confinement but for the pursuasion of myself and other officers in the Indian ser\ace who
discredited the reports and had confidence in the chief Previous to my going to the
Walla Walla council (May, 1855), word was sent to me by Rev. Father Ricard, then
superior of the missions in the Yakima and Cayuse country, that the Yakimas, Cayuses
536 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
and Walla Wallas would attend the council with a hostile purpose, and that I would go
there at the hazard of my life. I had warning from various other sources ; but the
council had been called, and I went there in good faith. We were in council fourteen
days, — in friendly council and converse with the chiefs and the great body of the people
of all those tribes. All those chiefs who afterwards took to arms were in my camp, and
sat at my table during those fourteen days. General Joel Palmer, Superintendent of
Indian Affairs, and myself, were the commissioners ; and, with the Indian agents and a
few employes and fifty soldiers to preserve order on the council ground, we met there
fifteen hundred warriors. It is ridiculous to talk of our using threats and bringing force
to bear to get them to 3aeld to our terms. The record speaks for itself The commissioners
have no reason to be ashamed of it ; nor has the government reason to be ashamed of it."
About the same date, November 3d, General Wool, the commander of the Department
of the Pacific, acknowledged : " In Washington Territory there appears to be an extensive
combination of hostile tribes, which a check unfortunately given to Brevet Major Haller
with a small command may possibly cause to extend to yet other tribes. The Yakimas,
Walla Wallas, Klikitats, Des Chutes and Cayuses are doubtless in arms. They have
been excited by fears at seeing their country rapidly filling up with settlers and miners,
lest their fate shall be like that of the California Indians, and hope to exterminate the
Whites at a blow."
On the 9th of October, Major Rains, in command at Fort Vancouver, upon the
application for reinforcements, made requisition upon Governor Mason for two companies
of volunteers, each to be composed of one captain, one first lieutenant, one second
lieutenant, two musicians, four sergeants, four corporals, and seven t3'--four privates.
Captain Maloney, in command of Fort Steilacoom, was ordered to take the field immediately
with all his disposable force. Governor Mason, by proclamation of October 14, 1855,
called for two companies, one to rendezvous at Olympia and one at Vancouver. By the
terms of the governor's proclamation, the Washington volunteers were to be mustered
into the service of the United States.
Major Rains, on the 9th of October, also addressed to Governor George L. Curry an
official communication, in which the following language occurred (i) :
" We have just received information from Brevet Major Granville O. Haller, who was
ordered into the Yakima country, with a force consisting of five officers, one hundred and
two men, and one mountain howitzer, on the third instant. He states that he fell in with
the enemy on the afternoon of the sixth instant, and commenced an action with them in
the brush on the Pasco river; and that, after fighting some time, he drove them at the
point of the bayonet, and has taken possession of the heights surrounding that river. He
was surrounded, and has called for a reinforcement. This morning. Lieutenant Day, of
the Third Artillery, U. S. Army, leaves Fort Dalles to join Major Haller's command, with
about forty-five men and one mountain howitzer.
" As commanding officer, I have ordered all the United States disposable troops in
this district into the field immediately, and shall take the command. As this force is
questionable to subdue these Indians, the Yakimas, Klikitats and some smaller bands, I
have the honor to call upon you for four companies of volunteers, composed, according to
our present organization, of one captain, one first lieutenant, one second lieutenant,
four sergeants, four corporals, two musicians and seventy-five privates. This number
of companies is just enough for a major's command, and would authorize that officer
(i) Annual message of Governor George t,. Curry, December 17, 1S35, and accompanying document, page 30.
HON ARTHUR A.DENNY,
A PIONEER OF 1 8 5 I ■
■I,
MRS. A. A. DENNY.
LOG CAbTn OF A.A.DENNY,
AL-KI PO I NT, W.T.
(erected NOVEMBER 1851.)
DAVI D T. D EN NY.
MRS. D.T.DENNY
SEATTLE, W. T.
GOVERNOR CURRY S PROCLAMATION CALLING FOR VOLUNTEERS. 537
also. We have only arms enough at this post for two companies; so it is advisable
to have two of the companies come armed with rifles or such arms as can be best
obtained. We have plenty of ammunitiou, however. As celerity is the word,, we
want as many of the volunteers as can be immediately obtained to rendezvous at this post,
and proceed with the troops to Fort Dalles. The}^ can be mustered here."
On the nth of October, Governor Curry issued the following proclamation:
" Whereas, certain Indians have been guilty of the commission of criminal offenses, and
have combined, and are now engaged in hostilities that threaten the peace and security of
the frontier settlements ; and the chief in command of the military force of the United
States in this district having made requisition upon the executive of this territory for a
volunteer force to aid in suppressing the attacks of said hostile Indians, I issue this my
proclamation, calling for eight companies of mounted volunteers, to remain in force until
duly discharged, each company to consist of one captain, one first lieutenant, one second
lieutenant, four sergeants, four corporals, and sixty privates. Each volunteer, if possible,
is to furnish his own horse and equipments. Each company is to elect its own officers,
and rendezvous, without delay, on the right bank of the Willamette, opposite Portland,
where they will be mustered into service on reporting to the adjutant-general of the
territory. The following-named counties are expected to make up the number of men
wanted ; and, in order to facilitate operations, the subjoined-named gentlemen are
respectfully requested to act as enrolling oiificers in their respective counties : Multnomah
county, one company, Shubrick Norris ; Clackamas county, one company, A. F. Hedges ;
Washington county, one company, W. S. Caldwell ; Yamhill county, one compau}-, A. J.
Hembree ; Marion county, one company, L. F. Grover; Polk county, one company,
Fredk. Waymire; Linn county, one company, S. S. Helm; Wasco count}', one company,
O. Humason. The last-named company will organize at The Dalles, and report in
writing to the adjutant-general.
" Our fellow citizens who may be in possession of arms, rifles, muskets and revolvers
are most earnestly desired to turn them over to Assistant Quartermaster-General Albert
Zeiber, or his agents, in order that they may be appraised, and suppl}' a deficiency that is
most seriously experienced."
On the thirteenth, the Multnomah company, having become full, elected A. V. Wilson
captain. Governor Curry directed him : "At once you will proceed to Fort Vancouver for
the purpose of receivi:ig arms, ammunition and equipments. * * '•' You and your
command will be mustered into the service of the United States. This step, as I am
informed, will be required by the ofiScer in command at that fort before you can there be
supplied with arms. You will bear in mind that the governor of this territory is made b}'^
law the commander-in-chief of the forces raised or to be raised in Oregon ; and that you
are and will be subject to my orders as the commander-in-chief"
Of even date, a requisition by the governor of Oregon was made on the commanding
officer at Fort Vancouver for arms, ammunition and equipments to make up any deficiency,
and to facilitate the dispatch of the march of the company to the scene of Indian hostilities.
It having become known that such arms would not be supplied unless the compau}' was
mustered into the service of the United States, and amenable to the commands of the
officers of the U. S. Army, Governor Curry held a consultation with James W. Nesmith,
Brigadier-General, and E. M. Barnum, Adjutant-General, the result of which was the
modified order of same date to Captain Wilson : " You will bear distinctly in mind that
your command j^ou will not suffer to be mustered into the service of the United States.
538 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
If Lieutenant Withers will furnish you with arms, by your giving a receipt therefor, do
so. If he will not furnish you with arms, etc., without your command first beiug
mustered into the United States service, you will in such case refuse to do so, and await
further orders from me, at Vancouver. If I have to furnish you with arms, I will do so
at the earliest possible moment. Send me a report immediately, as to the number of your
command and the arms in possession thereof. By the Eagle^ to-morrow morning, I will
send you arms and ammunitiou for 3'our command, with further orders " (i).
The companies composing the First Regiment of Oregon mounted volunteers called
into service by Governor Curry's proclamation were mustered as follows (2):
Company A : Captain A. V. Wilson, ninety-seven men, rank and file, enrolled October
13th, Multnomah count}^ ; Lieutenants, B. M. Harding, Charles B. Pillow. Compau}^ B :
Captain O. Humason, sixty-five men, enrolled October iSth, Wasco county; Lieutenants,
John T. Jeffries, James McAuliffe. Company C : Captain James K. Kelly, ninety-three
men, enrolled October 15th, Clackamas county (Captain James K. Kelly was elected
lieutenant-colonel, October 30th, and was succeeded by Captain Samuel B. Stafford);
Lieutenants, Dolphes B. Hannah, Joseph A. Pownall and Charles Cutting. Company D:
Captain Thomas R. Cornelius, one hundred men, enrolled October 15th, Washington
county (Captain Cornelius was elected colonel, December 21, 1855) ; Lieutenants, Hiram
Wilbur, W. H. H. Myers and John H. Smith. Company E : Captain A. J. Hembell,
ninety-nine men, enrolled October 15th, Yamhill county; Lieutenants, John P. Hibbler
and John H. Smith. Company F: Captain Charles Bennett, eighty-one men, rank and
file, enrolled October 15th, Marion county (Captain Bennett was killed in battle, December
7, 1855, and was succeeded by First Lieutenant A. M. Fellows, elected captain);
Lieutenants, A. M. Fellows, A. Shephard and Richard A. Barker. Company G : Captain
A. N. Armstrong, one hundred and four men, enrolled October 15th, Polk county (Captain
Armstrong was elected major, October 30th, and was succeeded b}^ Captain Ben Hayden);
Lieutenants, Ira S. Townseud, Francis M. P. Goff and David Cosper. Company H :
Captain Davis Layton, seventy-four men, enrolled October 17th, Linn county ; Lieutenants,
A. Hanan and John M. Burrows (Second Lieutenant Burrows was killed in battle,
December 7th). Company I: Captain Ljanan B. Munson, sevent3^-one men, enrolled
October 20th, Benton county; Lieutenants, Smith Suard and Charles B. Hand. Company
K: Captain Narcisse A. Cornoyer, thirty men, enrolled October 30th, IMarion county;
Lieutenants, Antoine Rivet and Thomas J. Small. (This company Avas raised for scouting
service.)
On the 30th of October, the following-named officers of the First Regiment were
chosen: James W. Nesmith, Colonel; James K. Kelly, Lieutenant-Colonel; A. N.
Armstrong and Mark A. Chinn, Majors ; William H. Farrar, Adjutant ; Robert Thompson,
Quartermaster ; Shubrick Norris and John F. Miller, Commissaries ; and W. H.
Fauntleroy, Assistant Quartermaster.
A reference to the muster rolls and returns will show that, upon the 20th of October,
1855, there were enrolled 763 men, rank and file; upon November 20th, 756; upon
December 20th, 607 ; upon January 20th, 1856, 577 ; upon February ist, 901 ; upon
February 20th, 746; upon March 20th, 739; upon April 20th, 694; upon May 20th, 130;
upon June 20th, 113; upon July 20th, 130; and upon August 20th, 8.
(i) See "Governor Curry's Message aud Documents," December 17, 1855, page 33.
(2J See "Governor Curry's Message aud Documents," Registry of Commissioned OfScers, page 145.
MAJOR RAINS APPOINTED BRIGADIER-GENERAL OF VOLUNTEERS. 539
Great difficulty was experienced in procuring arms, ammunition and equipments,
excepting horses, which were quite abundant. Arms were borrowed of the citizens ; and
horses, stores, supplies and the necessary equipments were purchased on credit. Although
Major Rains' requisition called for men to be mustered into the United States service, the
Oregon volunteers determined to maintain their own identity, and be subject to the
command of their own officers. In the language of Governor Curry in his order to Colonel
Nesmith : " You will, so far as practicable, act in conjunction with Major Rains, chief in
command of the United States troops, and, at the same time keeping your command a
distinct one, afford him a cordial co-operation."
The Washington Territory Volunteers had been mustered into the service of the
United States. James W. Nesmith commanded the Oregon regiment with the rank of
Colonel. The highest ranking officer of the regulars was Gabriel J. Rains, a major. In
this condition, to avoid complication as to the relations of the two regiments, each to the
other, and to the United States military commandant of the district, upon whose
requisition the volunteers had been called into service. Acting Governor Mason
commissioned Major Rains Brigadier-General of Washington Territory Volunteers.
Chapter LI.
(1S55-1S56.)
Condition of Washington Territory at tlie time of tlie Ontbrealt — Ooini>any A,
Wasliington Territory Volunteers, Keports to Captain Maloney, U. S. Army, Fort
Steilacoom — Captain Maloney 's Expedition towards tlie Yakima Country —
Killing of Moses and Miles — Company B, Captain William Strong, Keports to
Major Kains — Uprising of Indians on the Sound — Captain Eaton's Company
of Rangers — Killing of Lieutenant 3IcAllister — Captain Eaton's Command
Besieged — Massacre of Families on White River — War Policy Established —
Hostile Ground Defined — Battle with Hostiles on White River, November lid —
Killing of John Edgar — Disposition of Forces by Captain 3Ialoney, U. S. Army
— Night Attack by Hostiles — Killing of Lieutenant William A. Slaughter, U. S.
Army, and Two Corporals, by Kanaskut — The Steamer "Active" Cruises near
Steilacoom — Return of Governor Stevens from Blackfoot Council — Hostility
of General Wool to the People and Authorities of Oregon and Washington.
BEFORE passing to the narrative of events, a recurrence to the condition of the
territory becomes interesting. The hitherto uniform and peaceable character of the
Indians, the contempt or pity indulged by the settlers for their weak, forlorn and destitute
condition, the fact that they had so recently and so cordially entered into the treaties,
ceding their title to the lands with the accompanying pledge that they would live in
friendship with the Whites, had created the feeling of perfect security in our recognized
superiority ; and the idea was contemned that there could by any possibilit}^ be any cause
of dread or apprehension from such an eneni}-. The territory was illy supplied with arms
and ammunition. The necessary supplies to maintain either offensive or defensive war
were almost entirely lacking. Such weapons as had been in the country had been carried
off by the miners ; and, without a thought that they would be so soon required, but few
had refurnished themselves. On hearing the news from the Yakima county, on being
apprised of the real danger which surrounded the settlements, and in fact within our very
midst, the reaction at once carried the people to the other extreme ; — the situation
amounted almost to a " stampede." Too late to prevent its first unfortunate consequences,
the fact was apparent that an Indian war existed ; that we had to combat an enemy whose
power to inflict injur}' was not to be despised, who had to be chastised, who had to be
taught submission.
The company of volunteers enrolled at Olympia, in response to Governor Mason's
proclamation (Company A), elected Gilmore Hays, Captain, Jared S. Hurd, First
Lieutenant, and William Martin, Second Lieutenant. That company reported to Captain
Maurice ^laloney, Fourth Infantry, U. S. Army, in command at Fort Steilacoom, on
Saturday, October 20th. On Sunday, the twenty-first, Company A, Washington Territory
Volunteers, started for the Yakima country via the Nahchess Pass. Lieutenant §laughter,
(540 )
Vj3 '■--•
HON. JOHN HOBSON,
ASTORIA, OR.
CAPTAIN Eaton's company of rangers. 541
with forty United States regulars, was encamped on White river prairie where, upon the
twenty-first, he had been joined by Captain Maloney with seventy-five United States
infantry. They remained there until tlie twenty-fourth, at which time. Captain Hays'
company of volunteers having come up, the expedition, under command of Captain
Maloney, U. S. Army, marched to the Nahchess river, which they reached on the 28th of
October. At that point, Captain Maloney remained to recruit the animals. He sent in
an express to Lieutenant Nugen, U. S. Army, in command at Fort Steilacoom, that the
delay in the march of the troops from Fort Vancouver, the reliably reported heavy force
of the hostile Indians in front, the alarming character of the reports in the rear as to the
disaffection of the Puget Sound Indians, and the actual outbreak of many since the troops
had left Fort Steilacoom, had occasioned him (Captain Maloney) to determine upon
returning with his command to the west of the mountains to protect the Puget Sound
settlements. The express party to Lieutenant Nugen consisted of A. Benton Moses,
Joseph Miles, George R. Bright, Dr. Matthew P. Burns, Antonio B. Rabbeson and William
Tidd. On Wednesday, October 31st, the party were fired upon from an ambush near
White river ; and Messrs. Moses and Miles were instantly killed. Upon the recovery of
their bodies they were found shockingh' mutilated. After severe suffering and hardships,
the surviving members of the party succeeded in reaching the settlements.
Equal promptness had been displa3'ed in raising the second company of volunteers,
ordered by Governor Mason's proclamation to report to Major Rains, U. S. Army, at Fort
Vancouver. That company (Company B) elected William Strong (late Associate Justice
of the Supreme Court of Oregon), captain. A company of volunteers, commanded by
Captain Robert Newell, consisting of trappers and others well acquainted with the
country, had been raised about the same time for scouting purposes in the vicinity of
Fort Vancouver, and had been accepted into the service of the United States. Upon the
withdrawal of the troops from Fort \'ancouver, the citizens organized a company of fifty
men at Vancouver for home defense, of which William Kelly was elected captain.
The threatening condition of affairs on Puget Sound foreshadowed b}^ Captain
Maloney's dispatch to Lieutenant Nugen had been fully realized. No sooner had the
force under Captain Maloney left Fort Steilacoom for the Yakima country, than the
Indians west of the mountains evinced unmistakable evidence that they were disaffected,
that they were well apprised of the movements of the hostile Yakimas, and in close
communication with them. Those facts prompted Acting Governor Mason, on the 19th
of October, to authorize Captain Charles H. Eaton to raise a company of rangers. The
conduct of Leschi and Ouiemuth and their bands of disaffected Nisquallys had rendered
necessary such action. The company was fully organized (forty-one strong), elected him
captain, James McAllister, James Tullis and Alonzo M. Poe lieutenants, and took the field
on the 24th of October. Captain Eaton had come to Oregon in 1843, and was thoroughly
acquainted with the country and with the Indians. No wiser selection, considering the
peculiar duties imposed, could have been made. James McAllister, First Lieutenant, was
an old citizen and pioneer of Thurston county (1S44). Captain Eaton was instructed to
divide his company into three parties and scour the whole country along the western base
of the Cascade Mountains between the Snoqualmie Pass and the Lewis River Pass of the
Cascades, and intercept communication between the Indians west of the Cascades and the
Indians east. He was especially enjoined to notify all Indians found upou the line of
march to remove west to the shores of Puget Sound; and upon their willingness or refusal
so to remove was to be determined their friendl}- or hostile disposition.
542 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
On the 28th of October, Captain Eaton having received news that Leschi, with a
large party of Indians, were fishing twelve miles distant on the White river, at the
crossing by the military road from Fort Steilacoom to Fort Walla Walla, Lieutenant
James McAllister applied for permission to make a friendly visit to them, which was
granted. He was accompanied by Mr. Connell and two friendly Indians. The whole
party were treacherously killed by a band of the hostiles led by Quiemuth long before
reaching Leschi's camp. About an hour after Lieutenant McAllister had left camp. Captain
Eaton, accompanied by James W. Wiley (i), made a reconnaisance of a slough lying
ahead about three-quarters of a mile, which had to be passed 01 route to White river.
Upon returning, and before they had reached the house which his small command (now
reduced to eleven) occupied, several shots had been fired by the hostiles. Captain Eaton
at once abandoned the house (that of Charles Baden, and built of thin cedar boards), and
fell back to an Indian log cabin, in which had been stored a quantity of oats, wheat, peas,
salmon skins and berries. A log Indian barn looking to the eastward was demolished to
insure safety ; and the cabin was additionally fortified, as far as practicable. The baggage
was transferred from Baden's house. The horses were picketed about two hundred yards
to the northward of the cabin, and a water cask brought from the house and filled. At
sundown the Indians attacked the cabin in force, and kept up a constant fire until after
two o'clock, and at intervals thereafter during the remainder of the night. The horses of
the command were all stolen by the Indians. On the next morning, Captain Eaton
strengthened his position. At eleven o'clock, an express from Fort Steilacoom, en route
to Captain Maloney's camp, three in number, came into the fortification. Eaton's gallant
little band maintained their position for one hundred and one hours without losing a man,
and then effected their escape to Steilacoom. It is not known what was the loss of the
enemy. Indian testimony, however, has fixed the number of Indians killed at seven.
On the 22d of October, Governor Mason called for four additional companies, to be
considered " a reserve force," and liable at any moment to be called into the field. The
call of the executive was promptly responded to ; and the various settlements erected
blockhouses, and otherwise placed themselves in a posture of defense. James Tilton was
commissioned as adjutant-general of the volunteer forces. To avoid complications as
to rank between the regiment of Oregon volunteers commanded by Colonel Nesmith,
and the regulars commanded by Major G. J. Rains, LT. S. Arm}^, the latter was appointed
brigadier-general of Washington Territory Volunteers by Acting Governor Mason.
Corroborative of the fact that a general combination of Indians had been formed
against the settlers of the Sound was the horrible massacre of a number of families
upon White river, in King county. Christopher C. Hewitt, afterwards chief justice of the
territor}', captain of the company raised at. Seattle, in a letter dated November 5th,
in that county, thus communicated the sickening intelligence : " We started IMonday
morning (October 29th) for the scene of action. After two days' hard work, we made
the hovise of Mr. Cox, which we found robbed. We next went to Mr. Jones', whose house
had been burnt to the ground ; and Mr. Jones, being sick at the time, was burnt in it.
The body of Mrs. Jones was found some thirt}- 3-ards from the house, shot through the
lower part of the lungs, her face and jaws horribl}- broken and mutilated, apparently with
the head of an axe. The bones of Mr. Jones were found, the flesh having been roasted
(1) James W. Wiley was editor of the Pioneer and Democrat, published at Olympia. long the only newspaper printed within the territory. He
was a zealous advocate of the division of Oregon Territory, which resulted in the establishment of the territorial government of Washington, and
was a member of the Monticello convention. November 25, 185?. called to promote that object. He served thiee years as a member of the
territorial Council. He died at Olympia. March 30, i860, in the fortieth year of his age.
WAR POLICY ESTABLISHED. 543
and eaten off by hogs. Mr. Cooper, who had lived with Mr. Jones, was found about one
hundred and fifty yards from the house, shot through the lungs. After burying the
bodies, we proceeded to the house of W. H. Brown, a mile distant. Mrs. Brown and her
infant, apparently ten months old, we found in the well, the mother stabbed in the
back and head and also in the lower part of the left breast, the child not dressed, but
no marks of violence noticeable upon it. Mr. Brown was found in the house, literally
cut to pieces. We next went to the house of Mr. King, or to the site of it, for it had been
burnt to the ground. Mr. Jones and the two little children were burnt in the house ;
and the body of Mr. King, after being roasted, had been almost eaten up by hogs. Mrs.
King was some thirty yards from the house. She had been shot through the heart and
was horribly mutilated. Three children were saved, one the son of Ivlr. King, and two
of Mr. Jones."
The territory of Washington had reached a critical period in its history. An active
enemy was in the field composed of malcontents from a number of the tribes. It was
not known, nor could it be ascertained, to what extent the disaffection existed. Governor
Mason and Colonel Simmons, Indian Agent, at this time inaugurated a war policy, which
had for its object the segregation of the friendly Indians, or those Avho had not yet joined
the hostiles, and their separation from those who were in the field. The war was declared
to be a war against the Indians who located upon the east side of the Sound, who
disregarded the protection of the government, who refused to come in upon the
reservation, — against the hostile Indians, or those who had chosen to stay on ground
declared to be hostile and under the interdict of military operations. A numerous corps
of sub-agents were appointed to collect all the Indians at convenient localities upon the
west side of the Sound. To this policy, successfully carried out, more than to any other
agency, were the people of the Sound countr}' indebted for the checking of the Indian
outbreak, the circumscribing of the war limits and the lessening of the number of hostiles.
Had not this been dwne, nothing possibly could have averted a general Indian war.
It is proper to chronicle the embarrassments of the volunteer service. The people at
this time were almost without arms and ammunition. The authorities were unable to arm
the volunteers who were ready to serve. In this exigenc}-, the executive department made
requisitions on the military posts of Fort Steilacoom and Fort Vancouver. Those posts
were almost as indifferently supplied, and could not issue either. Failing there, Governor
Mason called upon Captain Sterrett, of the U. S. sloop-of-war Decatur^ then lying at
Seattle, and upon Captain W. C. Pease, of the revenue cutter Jefferson Davis. The
prompt, generous and hearty co-operation of both those gallant officers entitled them to
the lasting gratitude of the people. Captain Sterrett purchased at his own risk, and upon
his private credit, all the arms which could be procured in the town of Seattle, and liberally
furnished all the arms which could be spared from his ship. He also stationed Lieutenant
Drake and a boat's howitzer at Seattle, to assist in the defense of that place, procured and
mounted a twelve-pounder, and, having left an abundance of ammunition, he started for a
cruise upon the Sound.
Captain Pease of the revenue cutter was equally zealous. He supplied a considerable
number of small arms, 350 rounds of musket cartridges, and two twelve-pounders with
fixtures complete, together with a large quantity of ammunition. These guns were
mounted on the stockade in the town of Olympia, where they continued until the cessation
of hostilities west of the mountains. He also tendered a detachment of twent}- men well
armed to be landed on notice at any point, to assist the land forces. The services of
544 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Lieutenant Harrison of the Jefferson Davis are worthy of especial notice. He was
present and behaved with great gallantry in the action on Green river on the 6th of
November, 1855.
The co-operation of James Douglas, Governor of Vancouver Island, at this trying
juncture, cannot be too highly commended. He sent to Olympia the steamer Otter (i),
which cruised the whole length of Puget Sound, to exhibit to the Indians that, in a war
against the Whites, they could not expect the sympathy of the Hudson's Bay Company.
In his response to Governor Mason, he aptly remarked : " The moral effect of the steamer
Beaver^ s visit to the Sound will be powerfully felt by the native Indian tribes, and may
contribute, in some measure, to confirm their wavering loyalt}-, and to detach them from
the general Indian co^federac3^ Again, I most cordially acknowledge the moral
obligations which bind christian and civilized nations to exert their utmost power and
influence in checking the inroads of the merciless savage ; and it is a matter of infinite
regret on my part that our means of rendering you assistance come infinitely short of our
wishes."
Governor Douglas also transmitted fifty stands of arms (half of all they had for the
defense of the colony at Victoria), ten barrels of gunpowder and a large supply of ball.
On the 3d of November, 1S55, a decisive engagement was fought upon White river.
The force engaged consisted of fifty volunteers under Captain Hays and fifty regulars
commanded by Lieutenant Slaughter. The Indians, numbering from one hundred and
fifty to two hundred, commenced the attack; and one of the regulars was shot dead. The
fight lasted from nine o'clock A. M. until three p. m. The estimated Indian loss was thirty
killed and a number wounded. The loss in Captain Hays' command was one killed and
one wounded. The river was so swollen that the troops could not cross on the same day. ,
Next day a detachment sent by Captain Maloney overtook Captain Hays' command on the I
opposite side of Green river. The Indians, not being disposed to make a protracted
resistance, retreated. Two of the troops were wounded. The Indian loss is unknown.
Active operations in that region against the hostiles were almost impracticable, owing to 1
the high state of the rivers. " '■
On the 6th of November, Lieutenant Slaughter's command, in crossing the Puyallup
river, was attacked from an ambush. John Edgar, acting as guide, was mortally wounded
and died shortly afterwards. The same shot severely wounded Addison Perham. Andrew
J. Burge, a pioneer of Pierce count}^, was also badl}' wounded. On coming out to South
Prairie, Corporal Magek, a regular, was wounded by a buckshot. Captain Maloney then
established himself at Camp Montgomery.
The volunteer forces had been so augmented that they had amounted to a regiment,
yet were never organized as such. Several companies, in addition to Companies A and B
and the Puget Sound Rangers, Captain Eaton, had been enrolled, and had been accepted
by Governor Mason. Those companies had been mustered into the regular service, but
furnished their own horses. The other companies had been especially raised and accepted
for "home defense." But all were subject to be called into active service in the field, upon
emergency ; and several of them as entire companies, and detachments from each, were
actively and continuously in the field during their terms of enlistment, " for three months
unless sooner discharged." They were thus classed upon the muster rolls of the First
Regiment of Washington Territory Volunteers :
(I) On the 6th of November. 1S55, Governor Douglas addressed a letter to Adjutant-General Tilton, stating that, on the arrival of the Beaver,
she should be sent. The Otter arrived'at Fort Victoria before the Beaver; and she was dispatched November 19th.
■^,.
-<«<
'^^»
*\£»
I
JOHN E.BROOKS,
MSMINNVILLE.OR.
DISPOSITION OF FORCES BY CAPTAIN MALONEY, U. S. ARMY. 545
Company C: Captain George B. Goudy ; infantr}? ; Olympia ; seventy men, rank and
file. Many of this company were constantly detached for field service. Company D :
Captain William H. Wallace; infantry; Steilacoom ; fifty-five men; constantly in the field
as a compan}'. Company E : Captain Isaac Hays ; mounted ; Thurston county ; forty men;
furnished their own horses, and were much of the time in field service. Company F :
Captain B. L. Henness ; mounted ; Mound Prairie, Thurston county ; sixty-three men,
rank and file ; furnished their own horses ; in active field service. Company G : Captain
McCorkle ; infantry; Cowlit>z county; twenty-two men ; blockhouse defenses. Company
H : Captain Christopher C. Hewitt ; Seattle, King county ; infantry ; seventy-five men,
rank and file ; in continuous active service in the field. Company I : Captain Isaac N.
Ebey ; infantry ; Lower Sound ; eighty-four men ; performed much active and detached
service in the Lower Sound and Snohomish country. Company J : Captain A. Plummer;
infantry ; Port Townsend ; twenty-nine men ; garrison duty at Port Townsend. Company
K: Captain John R.Jackson; mounted; Lewis county; thirty-six men ; scouting service.
To the foregoing must be added : The Cowlitz Rangers : Captain Peers ; mounted ; Cowlitz
Landing; thirty-nine men; active scouting service. And the detachment often men,
known as Sergeant Packwood's squad, mustered as the Nisqually Ferry Guards ; on
constant duty guarding that ferry, and keeping open communication between Olympia
and Fort Steilacoom ; an arduous and dangerous post. Though later called into service,
there must not be omitted : The Stevens Guards, commanded by Captain William
Huggius ; twenty-five men ; mounted. The Spokane Invincibles : Captain Benjamin F.
Yantis ; twenty-three men. And the Nez Perce volunteers. Chief Spotted Eagle's
command, seventy in number, who escorted the governor from Hell Gate to the camp of
the Oregon \'olunteers. The three companies last-named were improvised to escort
Governor Isaac I. Stevens through the hostile country upon his return from the
Blackfoot council, and continued in service until the disbandmeut of the First Regiment.
The whole country between Cowlitz river and the Sound had been deserted ; and the
inhabitants had taken refuge in stockades and blockhouses. By special orders of Captain
Maloney, U. S. Army, in command of the forces operating in the Puget Sound region,
the following disposition had been made : Lieutenant Slaughter, Company C, Fourth
Infantry, accompanied by Lieutenant Harrison of the revenue service and fifty men,
marched to White and Green rivers. Captain Hewitt, Company H, Washington
Territory Volunteers, proceeded up White and Green rivers and placed himself in
communication with Lieutenant Slaughter. Captain Wallace, Company D, Washington
Territory Volunteers, was stationed on Puyallup river, keeping up communication with
Lieutenant Slaughter. Captain Hays, Company B, Washington Territory Volunteers,
proceeded to Nisqually river and I^.Iuck Prairie.
Upon receiving advices from Major Rains of the Indian outbreak. General Wool had
ordered Captain E. O. C. Ords' company. Third Artillery, to reinforce Major Rains.
Captain Edward Fitzgerald's company, First Dragoons, from Fort Lane, and Captain E. D.
Keyes' company. Third Artillery, were ordered from the Presidio to push northward with
all haste to the seat of war. At the same time, requisition was made by the commanding
general on Washington City for an additional regiment for duty on the Pacific coast.
Responsive to this request, the Ninth Regiment w^as ordered to California in December,
1855. Early in November, General Wool, with Major E. D. Townsend, Major Cross,
Major Lee, Captain Cram, Captain Keyes and Captain Reynolds, came to Fort Vancouver
on the steamer California, Captain W. E. Dall. Company M, Third Artillery, U. S.
546 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Army, Captain Keyes, destined for Fort Steilacoom, together with two thousand stand of
arms, were also aboard. Captain Ke^-es thus described the crossing of the bar of the
Columbia river on that voj-age :
" We arrived off the mouth of the Columbia river in the afternoon ; and, although a
fierce wind had covered the whole bar from shore to shore and for several miles up and
down with a white foam, it was decided to cross at once. There happened to be a pilot on
board ; and he and the captain stood together on the bridge. The head of steam was
increased to secure steerage way in the billows ; and we moved up against a strong ebb
tide at a fine rate of speed till we reached about midwaj' of the passage, when a flue
collapsed, drove all the burning coals from under one of the boilers and .set fire to the ship,
which immediately lost headway so much that she ceased for a moment to obey her
rudder. The pilot lost courage, exclaimed "she's a goner!" and started down the bridge.
Captain Dall instantly resumed command, and called out to the firemen to feed the
remaining fires with lard and tallow. After a few seconds, the ship began to move forward ;
and, at the end of an hour, we were anchored off Astoria. When the steamer lost
headway, the lead showed a draught of water almost exactl}- corresponding with that of
the vessel ; but fortunateh' she did not ground. If she had struck, not a soul on board
could by any possibilit}' have been saved. Some of the soldiers, as they saw the pilot
quitting his post, came to me in terror and asked what they should do. I replied, ' Take
hold of that hose and let us put out that fire in the hold.' I carried the end of the hose
down the steps as far as I could breathe. The men pumped ; and in a short time the
flames were extinguished. General Wool was perfectly calm, as were the other officers ;
but it is certain that none of us ever escaped a greater danger than on that occasion ; and
such was the opinion of the eight or ten shipmasters who were among the passengers.
Captain Ball's intrepidity was the admiration of every man on board the ship.
" From the Columbia river, General Wool ordered me to proceed on another transport
to Steilacoom, and assume command of the Puget Sound district. I arrived there on the
24th day of November, 1855, and found a condition of wild alarm. Many families had
been massacred ; and the surviving settlers were all collected in the small towns. There
were only two skeleton companies of regular infantry and a few companies of volunteers
in the district; and the}- were widely scattered. Lieutenant Slaughter, with one company,
guarded a stockade at the mouth of the Puyallup ; and I arranged an interview with him
with the aid of a friendly Indian. I went out twenty miles from Fort Steilacoom and
conversed with him across the river, which was so deep and rapid that my volunteer
messenger, after delivering my note to Slaughter, lost his horse in returning, but saved
himself" (i).
On Saturday, the twenty-fourth inst.. Company C, Fourth Infantry, under command
of Lieutenant W. A. Slaughter, and the Pierce county volunteers. Company D, numbering
forty-five men. Captain W. H. Wallace, left Camp Montgomery for the Pu3'allup and
White rivers. On the march to the Puyallup, fresh tracks of Indians were discovered,
leading both up and down the river. No Indians, however, were seen. That night
they camped on Sitting's Prairie, one mile from the Puyallup river. During the night,
everything remained quiet. The next day (Sunday) Lieutenant McCaw, Company D,
Washington Territory Volunteers, was sent to the "Stuck" settlement with sixteen men.
They found there the houses of Messrs. Kincaid, Woolery and McCarty burnt to the ground.
(1) " Fifty Years' Obsenation of Men and Events," by E. D. Keyes, Brevet Brigadier-General r. S. .-irniy, Major-r.eneral V. S Volunteers,
page 257-
KILLING OF LIEUTENANT WILLIAM A. SLAUGHTER, U. S. ARMY. 547
The grain, except some taken from tlie barn of Mr. Morrison, remained untouched.
The houses that were not burnt were built of square timbers, and could easily be made
defensible. The house of Robert S. Moore, a lieutenant of Company D, Washington
Territory \'olunteers, was found broken open, and everything taken. There were no
signs of Indians on the march or at Stuck river. At half-past ten o'clock that night,
Mr. Hall, of Captain Wallace's company, on duty as sentinel, had his attention attracted
by the snorting of a pack animal, picketed thirty yards from the camp. It was very
foggy ; and nothing could be seen. He ran immediately to camp, and gave information
that the Indians were stealing the animals, A rush was made by a number of men to
the place where the animals had been picketed; and a number were missing. The guard,
numbering twenty men, under Sergeants Tootwiler, of Lieutenant Slaughter's company,
and Byrd, of Captain Wallace's company, pursued about a mile to the house of Mr.
Lemmon, firing at intervals. At Lemmon's place, unmistakable evidence was furnished
that a large body of Indians were in the vicinity; and the guard hastily retraced their
steps to camp. During the balance of the night, the yells of the Indians were incessant.
The number of hostiles immediately about the camp was afterwards ascertained to have
been three hundred. Much that they said was distinctly understood ; and one squaw,
known to be a female from the voice, was repeatedly heard urging them on in the most
vehement manner. They were commanded by Kitsap and Ka-nas-kut, who led the
Klikitats, and Quiemuth and Klow-owit, chiefs of the Green river and White river
Indians. The next morning (Monday), about nine o'clock, E. G. Price, a recent
volunteer in Captain Wallace's company, after cooking breakfast, went down to the
creek about three hundred yards from camp to wash. Upon starting to return, he was
shot in the back by a musket ball.
On Monday at two o'clock, Lieutenant McKeever, U. S. Army, reached camp with a
detachment of twenty-five men from Captain Keyes' company of artillery. On Monday
night, Messrs. Lemmon, Pierce and Fosher volunteered as picket guard. About two
o'clock, one of the inside sentries had fired at an Indian, but missed him. As he ran from
camp he was shot by Lemmon and was killed. During the whole of the night, sentinels
were continually firing at the Indians. F'ew shots, however, were returned by them.
In the night-attack upon Lieutenant Slaughter's and Captain Wallace's camp, the
Indians succeeded in driving off thirty-two horses and mules, — a great misfortune at that
juncture. Thirteen of these animals belonged to the volunteer company. On the receipt
of the news, Captain Keyes ordered Captain Hays to march to the support of Lieutenant
Slaughter. Captain Henness, Compau}- F, Washington Territory Volunteers, wath
twenty-five men, was left in the neighborhood of the Nisqually river. Captain Keyes
took the field in person November 27th, leaving Captain Maloney, with one hundred men,
in command of Fort Steilacoom. After the engagement on White river, the Indians had
separated into small bands, but were now regaining confidence, and were concentrating.
On the 4th of December, Lieutenant Slaughter, on his march from the Puyallup to the
forks of the White and Green rivers, had encamped on Brannan's Prairie and occupied a
small house built of logs. At about seven o'clock in the evening, Lieutenant Slaughter,
Captain Hewitt, Lieutenant Harrison, and Dr. Taylor of the navy, being engaged in
conversation, a band of hostile Indians, under command of Kanaskut, fired a voile}' at the
house and through the door. One ball passed through the breast of the gallant Slaughter;
and he fell dead without a groan. The Indians continued the firing until after ten o'clock,
548 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
killing Corporal Barry of Company C, Fourth Infantry, and Corporal Clarendon of
Company D, Washington Territor}' Volunteers, and severely wounding six of the men,
one of whom died within a day or two.
It was the fortune of the writer of these annals to have enjoj^ed the intimate personal
acquaintance of the late Lieutenant Slaughter. His death was certainly one of the
saddest events of that war. He was a native of Kentuck}-, born there in 1827. I" ^844.
he entered the military academy at West Point from Indiana, being then a resident of
Lafayette, in that state. He graduated in 1848, and entered the army as a brevet second
lieutenant. Second Infantry, serving first on the commission to run the boundary between
the United States and Mexico. Promoted to the Fourth Infantry, he returned to the
states again, coming in 1852, with his regiment, to the Pacific coast. He was stationed at
Fort Vancouver a short time, and in 1853 was ordered to Fort Steilacoom. As an officer,
he was brave to a fault. As an Indian campaigner, he had been remarkably successful.
No man had more endeared himself to his command. None had a more happ3^ faculty of
iijspiring men with enthusiasm. Small in frame and delicate in person, his powers of
endurance were wonderful. He had led almost all the expeditions to check the Indians
during his stay in the country, and had been actively in the field from the commencement
of hostilities till he met his untimely death. Brilliant he was as a soldier ; and, as the
citizen, he had rendered himself equally dear to the people of the territory in which he
had been assigned to duty. In the walks of social life, who that enjoyed his friendship or
acquaintance can ever forget him ?
It was a homely phrase which Captain Ke3-es adopted to close his report of that sad
event, and j^et how true and suggestive : " My heart is sick when I reflect that so brave
an officer and so gallant a gentleman should be slain by the wretched savages." The
Legislative Assembly in session at the time of his death passed resolutions expressing the
feeling of the territory in the irreparable loss, and adjourned in honor to his memory. He
was buried at Fort Steilacoom on the 9th of December, with appropriate masonic and
military honors.
The success of the Indians in that last attack, and the unfavorable condition of the
country at that season of the year for operations against the Indians, occasioned the
temporary withdrawal of the United States troops from the field.
On the 17th of December, the U. S. surveying steamer Active^ Commander James
Alden, arrived at Steilacoom with a large supply of arms, ammunition and stores. She
was stationed at or near Steilacoom, and co-operated with the land forces, and in the
transportation of troops and supplies. The fact that a large number of Northern Indians
in the Sound country about that time had recently committed numerous depredations, and
excited considerable alarm, rendered the presence of that steamer an opportune occurrence.
On the night of the 5th of Januar}-, 1S56, Leschi, the Nisqually chief, who had led
the enemy west of the Cascades, with thirty-eight warriors visited the Indian reservation
opposite Steilacoom, and endeavored to incite the friendly Indians there collected to join
the hostiles. Captain Kej'es immediately sent an express to Captain Gansevoort of the
Drcatur (who had superseded Captain Sterrett, the latter having been placed on the
retired list), to send boats. At request of the same officer. Dr. Tolmie dispatched the
Hudson's Bay Company's .steamer Beaver (then at Fort Nisqually) to Steilacoom, which
was sent at daylight on the sixth, with Captain Maloney and thirt3' men, to the reserve.
Judge Lander, aide-de-camp to Governor Mason, with the rank of Lieutenant-Colonel,
Washington Territory Volunteers, accompanied the expedition. Mr. John Swan, who
JAMES JOHNSON
LA FAYETTE, OR.
MRS.JU LI ETT JOHNSON
LA FAYETTE, OF?.
HOSTILITY OF GENERAL WOOL. 549
was in charge of the reservation Indians, had been unmolested, and on the arrival of the
steamer off the reserve came aboard alone. Leschi and his party, well armed, lined the
beach. The Beaver had no guns which could cover the landing of Captain Maloney's
force, and had but one boat capable of landing more than four or five men at once. Under
such circumstances it was found impracticable for Captain Maloney to accomplish
an3'thing ; and the steamer returned to Steilacoom. Leschi continued there some thirty
hours after the steamer left, and then left for the Pu3'allup.
On the 19th of Jauuar}', 1856, Governor Stevens arrived from the Blackfoot council.
Much anxiety until very recentl}- had been felt for his safety ; and his return was
hailed with great enthusiasm (i).
The terms of enlistment of the troops called into service by Governor Mason were
about to expire. The two companies on the Columbia river. Company B, Captain Strong,
and the company of scouts, Captain Newell, had been disbanded by General Wool. Grave
difficulties had occurred between the commander-in-chief of the Pacific Division and
Governors Stevens and Curry. The troops of Oregon had never been mustered into the
United States service ; but those of Washington had been. General Wool had, in a
manner most insulting, humiliating and degrading, ignored the authorities of both Oregon
and Washington. Through private pique, malignity or envy, or all combined, he had
refused to furnish an escort or guard to insure the safety of Governor Stevens, an United
States commissioner, through the hostile Indian country. The time had therefore come,
either for the territories to protect themselves or abandon the field and trust entirely to
General Wool, who, judging from the aniiiiits so manifestly displayed in his every report
made to the War Department, was not as much interested in punishing the Indians and
securing peace as he was in seeking to bolster up libelous and slanderous charges he
had originated against the people of Oregon and Washington territories.
(I) The incidents of Governor Stevens' return from the Blackfoot council to Olympia will be found detailed in a subsequent chapter
introriuctorv to the campaign of the Second Regiment, Washington Territory Volunteers. They are inseparably connected with those causes
which fuUv warranted Governor Stevens in organizing the Washington Territory Volunteers as an independent factor in the war. and in
refusing to allow them to be mustered into the service of the United States while General Wool was commauder of the PaciSc Department,
U. S. Army.
Chapter. Lll.
(1855-1856.)
Operations on the Columbia Kiver, and in the Yaliinia and Walhi Walla Country —
Force of Troops and Volunteers at Forts Vancouver and Steilacooni — Estimate
of Number of Hostiles — Major Ilainsand Colonel Nesmitli Move into the Yakima
Country — Battle of the " Two Buttes " — Colonel Nesmith's Keqnisitiou on
General Wool for Arms, etc., to Reinforce Major Chinn — Lieutenant-Colonel
Kelly's March to Walla Walla — Battle With the Walla Wallas— Death of
Peu-peu-mox-mox — Colonel Nesmith Kesigns — Thomas K. Cornelius Elected
his Successor — The Oregon Volunteers go into Winter Quarters at Walla Walla
— Campaign in the Yakima Country — Disbanding of the Regiment of Oregon
Mounted Volunteers.
IN A REPORT dated November 17, 1855, made by Lieutenant Withers, Fourth
Infantry, he numbered the force (mustered into the United States service) in Washington
Territory as follows: Major Rains' coinniaiid : 4S0 regulars (20 dragoons included); 62
volunteers, Yakima, Captain Strong, mounted, Company B, First Regiment, Washington
Territory Volunteers; 50 volunteers, Yakima, Captain Newell, mounted; total, 592.
Steilacooni command: 168 regulars. Fourth Infantry; 54 regulars, Third Artillery,
Captain Keyes, U. S. Army; 84 volunteers, Puget Sound, Captain Hays, mounted,
Company A, First Regiment, Washington Territory Volunteers ; 84 volunteers, Puget
Sound, Captain Wallace, mounted. Company D, First Regiment, Washington Territory
Volunteers ; total, 390. Rccapiiulaiion : Regulars, 702 ; volunteers, 280, all mounted.
This estimate does not include the volunteer companies accepted by Governor Mason
for local defense. The Indian war had become general. A combination of so formidable
a character had been made by the tribes for purposes of hostility to the Whites, that those
best acquainted with the Indian character were loth to believe and could not realize it.
East of the Cascade Mountains, every tribe in Washington Territory except the Flatheads,
Spokanes, Pend d'Oreilles, and a portion of the Nez Perces, were in the field ; and, of
those tribes named, many of the young men had joined the camps of the hostiles. The
lowest estimate of those engaged in the war placed the number at three thousand warriors.
Pursuant to the policy adopted by the Indian Department of collecting friendly
disposed Indians on the reserves, disarming and feeding them, Lieutenant Withers ordered
the band of Klikitats, living at the mouth of the Cattapootle river opposite St. Helens, to
come into Vancouver and encamp under surveillance of the garrison. On the 9th of
November, these Indians, evidently more frightened than with the design of hostilities,
decamped and fled. Captains Strong and Newell, with a force of thirty men, were detailed
to pursue and bring them in. They overtook them encamped on a prairie about thirty-five
miles north of Vancouver ; and, after a short parley, the Indians agreed to return.
( 550 )
MAJOR RAINS DECLINES TO FURNISH ARMS TO VOLLTNTEERS. 551
Umtuts, their chief, starting to come in alone, was waylaid and murdered by his own
party. The reason assigned for the slaying was that he had persuaded the Indians to flee
from Vancouver.
As before stated, the Oregon Volunteers had been called into .service upon a requisition
made by the U. S. military commander of the Districts of Columbia river and Puget
Sound, the condition of which was that they should be mustered into the United States
service. That condition subjected those volunteers to serving under the orders of Major
Rains, who had made the requisition. That intended arrangement had been ignored by
the Oregon territorial and military authorities. When the volunteers had reached Fort
Dalles, Major Rains refused to accept the services of more than the four companies that
he had requested by his letter to Governor Curr}- ; and he also declined to furnish arms,
ammunition or equipments, excepting to such as should be regularly mustered into the
United States service. Upon being assured that such position would not be departed from
by Major Rains, Colonel Nesmith addressed the following letter to Governor Curry :
" I arrived at this place on Friday night, the nineteenth inst., and the next day visited
Major Rains' camp, on the opposite side of the river. The Major, with all his officers,
expresses the most ardent desire to co-operate with me in the common cause of chastising
the Indians, but at the same time declines to furnish any supplies, unless the troops called
out by your order shall be mustered into the service of the United States. I feel,
consequently, that we are thrown upon our resources, and that we must experience great
embarrassment in the want of horses to mount the men, and for means of transportation.
" The embarrassment experienced in making the portage at the Cascades appears to
me to be of a permanent character. If possible, this should be immediately remedied.
Even the small supply of ammunition, etc., purchased by Quartermaster Thompson on
the seventeenth inst., at Vancouver, which came to the Cascades with us, has not reached
this point. If this delay is to be continued, that point might as well be, for all practical
purposes, in the hands of the enemy, and will prevent the command from taking the field
this winter.
'' I am anxiously awaiting the return here of Captain X. Olney, Sub Indian Agent,
from the upper country, to obtain positive information respecting the position and
intentions of the Indians in the region of Walla Walla, so as to determine on the necessity
of a detour in that direction. I have suggested the propriety of such a movement to Major
Haller. He appears to be of the opinion that the position and number of the enemy in
the Yakima country proper will be such as to require a concentration of the entire force,
volunteer and regular, in that direction. I intend to submit the plan to Major Rains
to-morrow, with the view of obtaining his co-operation, if such a course should be deemed
advisable, as in that event it will be highly advisable to have one or two pieces of light
artillery, with United States troops to manage them, accompan}' the command."
Governor Curry at once communicated with Governor Mason as follows : " Five
companies of the regiment of Oregon mounted volunteers, authorized by my proclamation
of the nth day of October, have gone forward to the Dalles of the Columbia. The
remainder will leave the rendezvous in a few da3-s. This regiment will be an effective
torce of more than eight hundred men, as each company is much stronger in point of
numbers than is prescribed b}- the proclamation. To obviate delay, if not positive failure
in the enrollment of a volunteer force to meet the present critical emergenc}', I have been
constrained to preserve a distinct military organization of the volunteer force from this
territory The officer in command of the regiment will be instructed to act in concert
552 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
with the commanding officer of the United States troops in the field, as also with the officers
of the forces raised nnder your proclamation of the 14th of October, and to co-operate
with them in the prosecution of the campaign. I shall repair to the Dalles as soon as
the regiment of Oregon mounted volunteers is on the march, and shall be pleased to meet
and confer with you then, in the arrangement for prosecuting the campaign."
Governor Curry then addressed Colonel Nesmith : " Your communication of the
twenty-second has this moment reached me. Everything will be done that can be
towards expediting the transportation of supplies and munitions of war. The Bentou
county company will leave here to-morrow for the mouth of the Sand}^, and the next
daj' the Linn count}' company. By the transports on Thursday morning, I shall cause
the horses and equipments for Compauy A to be sent forward. The horses are excellent
animals; and they could not be procured at an earlier day. Captain Cornelius (Company
D) will be with yon on Thursday, Captain Kelly (Company C) the day after. On
Thursday night, I trust you will have a force of 450 men available for field operations.
Still, if it be deemed not inoperative, I should like any important movement to be
deferred until my arrival ; although I wish you distinctl}' to understand that you are
clothed with ample power to act as your judgment shall dictate. Mr. McKiulay seems
to believe that the combiuation is in the vicinity of three thousand as to numbers, and
that they will fight."
Such being the condition of affairs, on the 2 2d of October, James W. Nesmith, Colonel
of the regiment of Oregon mounted volunteers, addressed a brief note to Major Rains,
U. S. Arm}', commanding the Columbia river and Puget Sound Districts : " By order of
the governor of Oregon, I am directed to co-operate with you in the prosecution of the
campaign against the hostile Indians. I would be pleased to have a confereuce with
you on the subject at such time and place as may best suit your convenience." Colonel
Nesmith also informed Major Rains that his men only needed "adequate subsistence,
camp equipage and means of transportation " to enable them to take the field, but that
the quartermaster's department had been unable to furnish them, which rendered it
necessary to call on the army for them. He concluded : " Now I want you to furnish
subsistence and transportation to the extent I may require. If you will do so, it will
enable me to penetrate the Indian country before we shall be visited by the winter season,
and reduce the hostile Indians to complete acquiescence with the terms of our dictation.
I am willing, and, in case you incline to refuse the above-named request, I proffer, to
furnish you the bond of myself and others, to the extent of the value of articles
whatsoever advanced or furnished my command, conditioned for its payment to you
or the United States, in case you shall be held individually responsible, or if your act
in that behalf shall be disapproved or disallowed by the proper department of the
government."
In reply to the above. Major Rains replied to Colonel Nesmith : " Yours of yesterday
I have the honor to acknowledge ; and, in conversation with the quartermaster I find
that sixty horses on hand are totally unfit for our purpose, and that many of the animals
though fit, on account of their having recently arrived from a trip in the prairies of more
than fifteen hundred miles, are not much better. So that we are reduced to a minimum.
" Governor Curry of Oregon was called upon by me, as commanding officer of the
United States troops in this district, for volunteers ; to which call he nobly and promptly
responded. But he has found it necessary to depart from the course pointed out, and
kindly writes that he could not get the force in any other way. All of us have but one
J.C.TRULLINGER,
ASTORIA, OR
REPLY OF MAJOR RAINS TO COLONEL NESMITH. 553
object ill view, namely, to subdue the foes; aud volunteers, when mustered into the service
of the United States, can act anywhere aud everywhere, irrespective of territorial
bouudaries. This also sets aside the question of right of the governor of one territory
sending into another a description of force not called for by the governor of the latter, or
by any United States officer. It renders my duty also plain, which obliges me, before
making issues, to see that they would be properly made to a legalized number of men and
officers mustered into service according to the laws of the United States. If I mistake
not, a departure from these principles created the difficulty with Major-General Ed. P.
Gaines at the breaking out of the Mexicau War, which ultimately led to a court of inquir}-
at Frederick, Mo., into his conduct. I am certainl}- a much more humble individual ;
and, while acknowledging with courtesy your patriotic offer of personal security, must
beg leave to decline laj'ing myself open to a like, if not worse, procedure. Arms were
furnished to a part of your command at Fort Vancouver ; but this irregularity is intended
to be corrected by deducting the number from the quota to which your territory is entitled
by law.
" The merciless savage commenced massacring our fellow citizens. The troops of
the United States rushed to the rescue. Being too few, we called for help, and calculated
such call would be responded to without other views than to subdue the foe. We are too
few, now, to meet the enemy, multiplied wonderfully, as we have reason to think, since
the check upon the troops in the field. Wliole tribes, before peaceable, are now at war ;
and something more should have been done ere this. I understand from you that you
expected an accession to your strength to-day or to-morrow sufficient to raise the number
to four hundred effective men. We have packs of provisions, mules and horses sufficient
for eight hundred men for two weeks. If you and your command will be enrolled and
mustered into the service of the United States, yourself as Major, a legitimate rank
according to that number, and each company (one-fifth thereof) with its own elected
officers, non-commissioned officers and musicians, we can take the field immediately with
some show of success ; but should you determine otherwise, aud wait for the slow and
uncertain movements of those in the rear, which, as things proceed, will not be in a
condition to march before it will be winter indeed, aud too late ( for we have ice already
about our tent doors), I shall march on with the regulars, and leave you and the
citizens-in-arms with you to reconcile to themselves and their honorable feelings any
mishaps which may befall us in fulfilling our duty to our country."
Colonel Nesmith answered : " Your communication of yesterday, in reply to mine
of the twenty-third iiist., is before me. I regret exceedingly that you should find yourself
compelled to decline to furnish the supplies and transportation so necessary for my
command to take the field in a prompt and efficient manner. As to the matter of being
mustered into the United States service, while I have myself no objection, it is a matter
entirely beyond my control. Governor Curry is expected here on Saturday. On his
arrival, this question may be adjusted to the satisfaction of all parties. I have information
which induces me to believe that four hundred mounted men of my command will be
concentrated at this point within the next three days. I design crossing them as rapidly
as possible after their arrival, and shall form a camp at the nearest point convenient for
that purpose, where grass can be obtained, on the Washington side of the river, and shall
then take up the line of march for the enemy's country with such facilities as are at my
command. I most earnestly wish for cordial co-operation in our common object."
554 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Major Rains marched into the Yakima country, from his camp opposite The Dalles
on the 30th of October, with 350 regulars, and twenty days' provisions. Six companies
of Oregon volunteers, all mounted, commanded by Colonel Nesmith, followed on the first
of November with Companies C, D, E, F and G. A few days later. Companies A and K
were joined to his command, augmeuting his force to 553 men, rank and file.
The operations of the forces operating in the Yakima countrj^ under Major Raius,
U. S. Army, and Colonel Nesmith, of the Oregon volunteers, are thus detailed by the
former in a dispatch to Governor Alason, from the Roman Catholic Mission of the Yakima,
dated November 12, 1855 :
" Here we are without a battle, except a skirmish four days since with some forty
Indians, who defied us as we approached the Yakima river. We thought that it was the
prelude to the big battle with the whole of their force, and forded the stream to an island
with our mounted troops, eighteen dragoons and eight pioneers. Here we commenced the
action, firing on the enemy, and ordered up our artillery and infantry to ford the stream.
Our troops made a rush into the water, but, being on foot, tried again and again to cross
the river but failed, the rapid current sweeping away two of our best men, who were thus
drowned ; whereupon I sent back to Colonel Nesmith for two companies of volunteers,
who, with our dragoons, drove headlong into the foaming torrent, and reaching the
opposite shore charged the enemy, who fled away over the hills, one of their balls striking,
but fortunatel}' not wounding. Colonel Nesmith's horse.
" Late in the afternoon, after recalling all our forces to the south bank of the Yakima
river, we heard, some distance on the plain, the reports of small arms (indication of a
fight), and, taking two companies, we proceeded in that direction until some time after
night, when, the firing having ceased, we returned to the edge of the timber and
bivouacked for the night. Next day we found a number of Indians around us on swift horses,
who were driven off by our mounted volunteer companies. As we approached the mountain
gorge, we found the Indians, about three hundred in number, on the hill tops beating their
drums and shouting defiance. These were soon driven from their position and scattered
by discharges from our howitzers. We cut off some of them by a proper disposition of
our troops ; and two or more were killed. We continued our march to this place, sweeping
the plains with our cavalr}^, dispersing, killing and wounding all the enemy we saw, and
found the mission abandoned. Captain Maloney not having arrived in conjunction with
Colonel Nesmith (who himself went in command), we dispatched one hundred and
sixty-eight volunteers and regulars, on our best horses, to proceed in the direction of the
Nahchess pass, and ascertain his whereabouts. We are awaiting their report ; for we
cannot tell where the large body of the eneni}' is, unless they have gone that way to attack
Captain Maloney 's command."
In the Portland Democratic Standard was a very interesting and detailed account ot
field operations in the Indian country, up to December i, 1855. It exhibited also the good
feeling between the officers of the army and volunteers prosecuting that Yakima
campaign :
" In the engagement at the Yakima river (mentioned in JMajor Rains' dispatch),
Captain Bennett's company (Company F) and part of the Clackamas company (Company
C), took part and were the first to cross the river and charge the enemy, who fled with
great rapidity, so much so that the disabled state of the horses of the volunteers rendered
pursuit unsuccessful. Captain Cornelius' company (Company D) having become separated
from the main body of the volunteers on the day of the engagement at the river,
OPERATIONS IN THE YAKIMA COUNTRY. 555
encountered a superior force of Indians and fought them nearlj- a half day. He kept
them at bay and succeeded in taking some cattle and driving them into camp that night.
Two of his men were severely wounded. The damage inflicted upon the Indians was not
known. In the attack the next day at the mountain gorge spoken of by Major Rains,
otherwise called the " Two Buttes," the number of Indians was not less than five hundred.
About one hundred and fift}- were counted upon the top of the hill ; and the remainder
were in the brush. By some misunderstanding of the orders given to surround them, a
gap was left open ; and those made their escape. Two only were killed. Pursuit was of
no avail.
" The regulars and volunteers encamped near the mission, which, having been
abandoned, it was conjectured that the main force of the Indians had either gone to the
Nahchess Pass to attack Captain Malone}-, or up the Columbia to Priest's Rapids.
Colonel Nesmith, with a command of two hundred and fifty men, proceeded towards the
pass, and after an absence of three days returned without having seen the enemy. He
found the snow so deep as to prevent the forage of his animals, and was compelled to
return. He found caches of Indian provisions, which he destroyed, and several Indian
mares and colts, which were killed, as the^' could be of no service to the volunteers. Some
wild Indian cattle were also found and killed, which furnished subsistence for the troops.
In and about the mission were found vegetables and a variety of useful articles.
" On Colonel Nesmith's return, a council of officers was held, by which it was deemed
inexpedient to proceed to Walla Walla, owing to the scarcity of forage, the weak condition
of the animals, and the difficult}- of crossing the Columbia with the sick and wounded. It
was decided to return to The Dalles and recruit. After burning the mission and a house
owned by Kamiakiu, the whole force, regulars and volunteers, took up their line of march
for The Dalles. On their way, they met Captain Wilson's command (Company A) with
the pack train of supplies, which train had suffered great loss of animals and supplies by
reason of the snows in the mountains, which in some places were four or five feet in depth.
The expedition reached the Klikitat river, about twenty-five miles distant from The Dalles,
on the seventeenth, and there encamped. The most cordial co-operation had existed
between the regular and volunteer officers. All seemed animated with a common interest
in accomplishing the ends and objects of the campaign."
Colonel Nesmith himself had reached The Dalles on the eighteenth, and there found
an express from Major Chinn to Lieutenant-Colonel Kelly, asking for reinforcements. It
must be remembered that on the i2th of November, while Colonel Nesmith with several
companies of Oregon volunteers was prosecuting operations in the Yakima valley, Major
Chinn, with Company B, Captain Humason, had been dispatched to the mouth of the
Des Chutes, where Company H, Captain Taylor, was encamped. The two companies
marched to Wells' Springs, where they arrived on the seventeenth. At that point, Major
Chinn learned by an express from Narcisse Ra3-mond that the Walla Wallas, led by
Peu-peu-mox-mox, had become hostile ; that, after robbing Fort Walla Walla and
possessing themselves of the ammunition which was stored there, they had dismantled it.
This determined him to delay his march into the Walla Walla country until he had
received reinforcement and artillery. On the next day, he marched to the Umatilla
river, where he erected a fortification which he described : " We have an abundance of
water and timber, and enough grass for stock. We have picketed in with large split
timber one hundred feet square of ground, and erected two bastions of round logs on
two of the angles, and made two corrals for the horses and cattle. This as a defense is
556 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
good against any body of Indians." The station so established was called Fort Henrietta.
On the twenty-first, Major Chinn applied to Colonel Nesmith for two more companies.
Colonel Nesmith responded, sending three companies, viz.: Company A, Captain Wilson
Company I, Captain Munson, and Company- K, Captain Corno3'er, numbering 170 men.
On the 17th of November, General Wool, commanding the Department of the Pacific,
had arrived at Vancouver. About the same period. Major Rains and his command had
returned to The Dalles, and had gone into winter quarters. Colonel Nesmith's command
reached The Dalles on the 19th of November.
The arrival of General Wool defeated every project which looked to a winter campaign
against the Indians, or to any co-operation between the regulars and volunteers. He even
suggested that the combination of the two commands of Rains and Nesmith, in the Yakima
country, had been injurious to the service, because the Indians were so overawed by such
a force, seven hundred men, that they fled upon the approach of the troops. General
Wool ordered the regulars from Fort Dalles to Fort Vancouver, except a small garrison.
He censured Major Rains for calling for volunteers, and also for going into the Yakima
country to make war against the hostiles. He accused the territorial authorities of
sinister and dishonest motives. While not accusing the Whites in Washington Territory
of murdering Indiaus, as he did charge the Whites within the Rogue river country, yet
he maintained that war should only be carried on upon the defensive. To au}' proposi-
tion of the territorial authorities to chastise the Indians for their past misdeeds, he was
opposed, and should use his eff"orts to defeat. In fact, he was so bitterly prejudiced
against the two territories, their official authorities, their volunteers and their people, that
his sympathies were entirely with that savage race which it was his highest duty to
keep in subjection. For the people who had the right to rely upon him for protection,
he had no word of encouragement, no disposition to assist. At that time he was a
greater marplot to the regaining of peace, and a more bitter foe to the Oregon and
Washington people, than any hostile chief bearing arms against them.
Colonel Nesmith, who had reinforced Major Chinn by sending to his aid the troops
required, desiring also to furnish the necessary artillery to enable him to move forward to
Fort Walla Walla, and if necessary to dislodge the hostile Walla Wallas from the fort,
thus addressed General Wool :
" On my return to this place from the Yakima country, on the evening of the
nineteenth inst., I received an express from Second Major Chinn, who had been ordered
by the governor of Oregon territory to advance in the direction of Walla Walla, that his
front was menaced by a force of one thousand Indians, led on by the notorious
Peu-peu-mox-mox ; that, as his command consisted of only about one hundred and forty
men, he had called a halt on the Umatilla river, and desired to be immediately reinforced.
I have this morning sent forward to his relief a force of seventy men, and shall send one
hundred more to-morrow. It is represented that Peu-peu-mox-mox, with his one thousand
warriors, has taken a strong position. To dislodge him, it is desirable to have the service
of the artillery. I have therefore to request that you will furnish me with two or three
howitzers, or other equivalent artillery, with officers and men requisite to manage the
same, for that purpose. I can furnish a mounted escort to forward the artillery to the
command on the Umatilla, provided 3'ou, in the plenitude of 3^our power, see proper to
grant my request. If, in the exercise of 3'our superior judgment, 3'ou should conclude to
comply with my request, I would suggest it is very desirable the movement should be
executed with all possible dispatch. I hope we may shortly have the pleasure of seeing
you at this place."
ABEL E. EATON,
UNION, OR.
CORRESPONDENCE BETWEEN COLONEL NESMITH AND MAJOR RAINS. 557
Receiving no answer to this, Colonel Nesmith addressed Major Rains : " On mj-
arrival here, the evening of the eighteenth inst., T received an express from the second
major of my regiment, who was then advancing towards the Walla Walla country with a
volunteer force of about one hundred and fifty men. The express brought me intelligence
that the command of the Major was threatened by an overwhelming force of the enemy ;
and I was requested to reinforce him with one hundred and fifty men and two howitzers.
I have sent forward the number of men asked for; and, in your absence from Fort Dalles,
I forwarded to Major-General Wool a request to be furnished with the artillery, and a
requisite number of officers and men to work the same properly.
" The dela}' incident to communication between this place and \'ancouver renders it
quite uncertain as to the time I may receive the reply of the General. In view of this, I
made this morning the verbal application to' you, as the commanding officer of this
military district, to furnish me with the howitzers, hoping that under the present
emergency you would feel 3'ourself warranted promptly to respond to my call. ' The
merciless savages ' having driven our people from the valley of the Walla Walla, burned
their dwellings and captured their stock, 'the troops of Oregon Territory have 'rushed
to the rescue.' Not having in our possession the necessary appliances of war, 'we called
for help, and calculated such call would be responded to without other views than to
subdue the foe.' Without artillery', 'we are too few to meet the enemy, multiplied
wonderfully, as we have reason to think, since the check upon the troops in the field.
Whole tribes, before peaceable, are now at war ; and something more should have been
done ' in the way of furnishing artiller}' ' ere this.'
"If the howitzers, with the officers and men to manage them, are furnished, I can
readily provide a mounted escort to take them before the position occupied by the enemy,
and ' can take the field immediately with some show of success; but should you determine
otherwise, and wait for the slow and uncertain movements of those in the rear, which,
as things proceed, will not be in condition to march before it will be winter indeed, and too
late,' for we have had ice and snow already, without ' tents ' to afford us any protection,
' I shall march on with the ' volunteers, ' and leave you to reconcile to your honorable
feelings any mishaps which may befall us in fulfilling our dut}' to our country.' "
To which Major Rains replied : " Your letter of yesterday for artillery, I have had
the honor to acknowledge, and also its facetiousness in the lengthy quotation of a former
letter of mine seemingly applicable to our present position: When the letter was
written, there was scarcely a doubt that we had a big fight before us ; but now we
know otherwise, and have had assurances that an adequate force would find no eneni}'
to combat, and an inadequate one would likely be defeated. So it becomes questionable,
if your command went to Walla W^alla, with cannon and ' the requisite number of officers
and men to work the same properly,' if the enemy would wait in the mud walls of that
fort to receive you.
"Our difficulties lie now not at any unwillingness to meet the enemy, as you know, but
in our inability to find him ; and while acknowledging your courteousness on former
occasions, where your chivalry was displayed to advantage in gallant charges with your
mounted troops upon the foe, we would fain accommodate }-ou with the artillery required,
but are now entireh- under the instructions of Major-General Wool, commanding the
Department of the Pacific, with whose plans such overt action on my part might conflict,
and from whom you will probabl}' hear to-morrow.
" P. S. — In an emergency, of course our utmost endeavors would be to relieve you."
558 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Subsequently to receipt of this, Colonel Nesmith received the following reply from
General Wool : " I have but just this moment received your communication of the
twenty-first inst., by Major Haller. In reply I have only to say that I have no authority
either to employ or to receive volunteers into the service of the United States. I am
therefore, unable to comply with your request. I will, however, observe that, owing to
the condition of the United States troops, animals and other requisite supplies necessary
to carry on an efficient campaign, or even temporary operations against the Indians, I have
ordered a critical examination of the United States troops and supplies of every description,
embracing wagons, horses and mules, all of which is with reference to an efficient
preparation for future operations. Hitherto, the expeditions against the Indians have
been made in too much of a hurr}-, unable to act efificientl}-, and without supplies to keep
the field. Unless prepared to take the field, it would be more than folly to attempt to
encounter the Indians with any expectation of success. In conclusion, I suggest that I
have not power fo give you the assistance you ask for."
This was the first of a series of acts on the part of that officer to deny protection to
the people of Oregon and Washington. Without a shadow of a cause or right to provoke
it, he had become a malignant, unrelenting slanderer, and never ceased his persecutions
of any and all who were connected with said territories, or who had sympathy' for them
in that dark hour of peril. Had he -devoted to the chastisement of the Indians one
tithe the amount of energy or industry that he displayed in slandering the people and
the authorities of the two territories, his previously well-earned laurels in long service
for his country might have spared him the tarnish of his reputation, by the total failure
of his campaign of the winter of 1855-56, to which he had invoked the attention of the
world by the grandiloquent assertion that " his headquarters would be in the saddle." As
a scold he acquired notoriety. As a soldier he gained no reputation.
That petty act of meanness illustrates the animus of the commanding general of
the department, whose ignorance of the countr}' and gross negligence in the distribution
of troops had contributed so greatly to encourage the Indians to believe that they could
banish the Whites from the region. Later he pretended that he acted upon the information
of General Palmer, the superintendent of Indian affairs of Oregon, who expressed himself
about that date . " I am unwilling to believe that the Walla Wallas will engage in
hostilities against us, unless provoked by overt acts of our own citizens. I am satisfied
that the Cayuses as a tribe are desirous of maintaining peace. This is true also of the
Nez Perces. Their uniform good conduct and friendship for our citizens renders it
improbable that they intend to make war. The reported combination of all these tribes
to wage a war of extermination against the Whites is, I apprehend, but a phantom
conjured up in the brains of alarmists."
At this time, the volunteers were badl}- off, scantily clothed, poorl3- armed, and their
animals broken down b}^ the service in the Yakima country. On the 26th of November,
Colonel Nesmith addressed the Governor from The Dalles : " I have assumed the
responsibility of discharging about one hundred and twenty-five men from ni}- regiment.
Several of this number have been discharged upon the report of the assistant surgeon of
the regiment that they were unfit for service. The greater portion discharged are
from the companies commanded b}- Captains Cornelius, Hembree and Bennett ( those
companies have been ordered to this side of the Columbia to hold themselves in readiness
to proceed to Walla Walla), from the fact of being mounted on horses totally unfit to
make the trip. xAs there are no horses here suitable to remount the men, I resolved to
LIEUTENANT KELLY'S MARCH TO WALLA WALLA. 559
grant their applications to be discharged, deeming it worse than useless to retain a
large unmounted force at this place to consume our scant}- supplies, all of which are
unconditionall}' required for those who are in condition to remain in the service. I would
respectivel}' and earnestly invite your immediate and close attention to the fact that
the commissary department here is almost destitute of every indispensable article of
subsistence, and particularly flour and fresh beef. It is deeply to be regretted that, of
tlie large number of horses now in the hands of the quartermaster at this post, scarcely
one is fit for service. Whatever may have been their condition when purchased, they are
entirel}' useless, and are dail}' becoming worse than useless, owing to the scarcit}^ of grass
and the almost entire want of forage in the quartermaster's department.
" This deficiency is keenl}- felt at the present time, b\- reason of the necessity for
remounting the men in order to render them of the least efficiency against an eneni}- well
supplied with fleet horses. It is with great difficult}' that suitable animals can be had to
answer the immediate demands for transportation. These difficulties will become nearly
insurmountable when it becomes necessary to transport supplies for a large force over the
distance from here to Walla Walla. The severity of the weather has been such that the
men have experienced severe suffering from the want of tents. It is the cause of dailj^
complaint by the men, that they are not provided with tents. This should be remedied
at the earliest possible period of time."
To return to Major Chinn and his little command at Fort Henrietta. On the 29th
of November, Major Chinn had been joined by reinforcements forwarded by Colonel
Xesmith. Lieutenant-Colonel Kelly had accompanied to take command of operations in
the Walla Walla countr}'. After sunset, December 2d, Lieutenant-Colonel Kelly left Fort
Henrietta, leaving that post in charge of Lieutenant Sword, Company I, with a detachment
of twentj'-five men, his force consisting of Companies A, Captain Wilson, B, Captain
Humason, F, Captain Charles Bennett, H, Captain Layton, I, Captain Munson, and K,
Captain Cornoyer, numbering about three hundred and fifty men. It was Colonel Kelly's
design to reach Fort Walla Walla early in the morning and surprise the Indians. The
fort, however, had been abandoned by the Indians, after all the furniture had been
destroyed. The volunteers continued there for two days, at which time Major Chinn,
with one hundred and fift}' men and the baggage, set out for the mouth of the Touchet.
Colonel Kelly, with two hundred men, without baggage or provisions, marched up the
Touchet to find the Walla Wallas, whom the scouts had reported as camped upon its
banks.
Colonel Kelly thus officiall}- reported the operations of his command : " On the
evening of the eighth inst., I gave 3-ou a hasty report of our battle with Indians up to the
close of the second day's fight, and then stated that at a future time I would give a more
detailed account of all transactions that occurred since the march from the Umatilla river.
Owing to active engagements in the field, and in pursuit of the Indians, I have not hitherto
had leisure to make that report.
" As soon as it was dark on the evening of the second, I proceeded with ni}- command
from Fort Henrietta to Walla Walla, having left a detachment of twenty-five men, under
command of Lieutenant Sword, to protect the former post. On the morning of the third,
we encamped on the bank of the Walla Walla river about four miles from the fort ; and,
proceeding to the latter place, I found it had been pillaged by the Indians, the buildings
much defaced and the furniture destroyed.
560 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
" On the morning of the fifth, a body of Indians was observed on the opposite side of
the Columbia, apparently making preparations to cross the river with a large amount of
baggage. Seeing us in possession of the fort, they were deterred from making the attempt,
when I sent a small detachment down to a bar making into the Columbia immediately
below the mouth of the Walla Walla, and opposite to where the Indians were, with
directions to fire upon them and prevent the removal of their packs of provisions. The
width of the river at this place is about two hundred and fifty yards ; and a brisk fire was
at once opened upon the Indians, which was returned by them from behind the rocks on
the opposite shore. No boats could be procured to cross the river in order to secure the
provisions or to attack the body of Indians, numbering about fifty, who made their
appearance on the hill north of Walla Walla, who, after surveying our encampment,
started oil" in a northeasterly direction. I at once determined to follow in pursuit of them
on the following day.
" Early on the morning of the fifth, I dispatched Second Major Chinn, with one
hundred and fifty men, to escort the baggage and pack-trains to the mouth of the Touchet,
there to await my return with the re^mainder of the forces under my command. On the
same morning I marched with about two hundred men to a point on the Touchet river
about twelve miles from its mouth, with the view of attacking the Walla Walla Indians,
who were supposed to be encamped there. When I was near to and making towards the
village, Peu-peu-mox-mox, the chief of the tribe, with six other Indians, made their
appearance under a flag of truce. He stated that he did not wish to fight ; that his people
did not wish to fight ; and that on the following day he would come and have a talk and
make a treaty of peace. On • consultation with Hon. Nathan Olney, Indian Agent, we
concluded that this was simply a ruse to gain time for removing his village and preparing
for battle. I stated to him that we had come to chastise him for the wrongs he had done
to our people, and that we would not defer making an attack on his people unless he and
his five followers would consent to accompany and remain with us until all difficulties
were settled. I told him that he might go awa}- under his flag of truce if he chose; but,
if he did so, we would forthwith attack his village. The alternative was distinctly made
known to him ; and, to save his people, he chose to remain with us as a hostage for
the fulfillment of his promise, as did also those who accompanied him. He at the same
time said that on the following day he would accompany us to his village; that he would
then assemble his people and make them deliver up all their arms and ammunition,
restore the property which had been taken from the white settlers, or pay the full value of
that which could not be restored ; and that he would furnish fresh horses to remount ui}'
command, and cattle to supply them with provisions, to enable us to wage war against
other hostile tribes who were leagued with him. Having made these promises, we
refrained from making the attack, thinking we had him in our power, and that on the
next day his promises would be fulfilled. I also permitted him to send one of the men
who accompanied him to his village to apprise the tribes of the terms of the expected
treaty, so that they might be prepared to fulfill it.
" On the sixth, we marched to the village and found it entireh' deserted, but saw the
Indians in considerable force on the distant hills, and watching our movements. I sent
out a messenger to induce them to come in, but could not do so. And I will here observe
that I have since learned, from a Nez Perce boy who was taken at the same time with
Peu-peu-mox-mox, that, instead of sending word to his people to make a treaty of peace,
he sent an order for them to remove their women and children and prepare for battle.
^1£*'*C^" ""^^fc.
DR. C.H. SPINNING,
TACOMA,W.T
HON. W.R.DOWNEY,
STEILACOOM, W. T.
BATTLE WITH THE WALLA WALLAS. 561
From all I have since learned, I am well persuaded that he was acting with duplicity, and
that he expected to entrap my command in the deep ravine in which his camp was situated,
and make his escape from us. We remained at the deserted village until about one o'clock
in the afternoon; and, seeing no hope of coming to any terms, we proceeded to the mouth
of the Touchet with a view of going from thence to some spot near Whitman's station,
where I had intended to form a permanent camp for tlie winter.
" On the morning of the seventh. Companies H and K crossed the Touchet, leading
the column on the route to Whitman's valley, and, when formed on the plain, were joined
by Company B. A few persons in front were driving our cattle; and a few were on the
flanks of the companies and near the foot of the hills that extended along the river. These
persons, as well as I can ascertain, were fired on by the Indians. Immediately all the
companies except A and F (who were ordered to remain with the baggage) commenced an
eager chase of the Indians in sight. A running fight was the consequence, the force of
the Indians increasing every mile. Several of the eneni}- were killed in the chase before
reaching the farm of La Rocque, which is about twelve miles from the mouth of the
Touchet. At this point they made a stand, their left resting on the river covered with
trees and underbrush, their center occupjang the flat at this place covered with clumps of
sagebrush and small sand knolls, their right on the high ridge of hills which skirt the
river bottom.
" When the volunteers reached this point, they were not more than forty or fifty men,
being those mounted on the fleetest horses. Upon these the Indians poured a murderous
fire from the brushwood and willows along the river, and from the sage bushes along the
plain, wounding a number of the volunteers. The men fell back. The moment was
critical. They were commanded to cross the fence which surrounds La Rocque's field,
and charge upon the Indians in the brush. In executing this order. Lieutenant Burrows
of Compan}^ H was killed ; and Captain Munson of Company I, Isaac Miller,
Sergeant-I\Iajor, and G. W. Smith of Company B, were wounded. A dispatch having
been sent to Captain Wilson of Company A to come forward, he and his company came
up on the gallop, dismounted at a slough, and with fixed bayonets pushed on through the
brush. In the course of half an hour. Captain Bennett was on the ground with Company
F ; and, with this accession, the enemy were steadily driven forward for two miles, when
the}' took possession of a farm house and close fence, in attempting to carrj' which Captain
Bennett of Company F, and private Kelso of Company A, were killed.
" A howitzer found at Fort Walla Walla, under charge of Captain Wilson, b}' this
time was brought to bear upon the enem3^ Four rounds were fired, when the piece
bursted, wounding Captain Wilson. The Indians then gave wa}^ at all points; and the
house and fence were seized and held by the volunteers and the bodies of our men
recovered. These positions were held by us until nightfall, when the volunteers fell
slowly back and returned unmolested to camp.
" Early on the morning of the Sth, the Indians appeared with increased forces,
amounting to fully six hundred warriors. They were posted as usual in the thick brush
by the river, among the sage bushes and sand knolls, and on the surrounding hills. This
day Lieutenant Pillow with Company A, and Lieutenant Hannah with Compau}- H, were
ordered to take and hold the brush skirting the river and the sage bushes on the plain.
Lieutenant Fellows, with Company F, was directed to take and keep the possession of the
point at the foot of the hill. Lieutenant Jeffries with Company B, Lieutenant Hand with
Company I, and Captain Cornoyer with Company K, were posted on three several points
562 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
on the hills, with orders to maintain them and to assail the enemy on other points of the
same hills. As usual, the Indians were driven from their position, although they fought
with skill and braver}-.
" On the ninth, they did not make their appearance until about ten o'clock in the
morning, and then in somewhat diminished numbers. As I had sent to Fort Henrietta
for Companies D and E, and expected them on the tenth, I thought it best to act on the
defensive and hold our positions, which were the same as on the eighth, until we could get
an accession to our forces sufficient to enable us to assail their rear and cut off their
retreat. An attack was made during the day on Companies A and H in the brushwood,
and upon B on the hill, both of which were repulsed with great gallantry by those
companies, and with considerable loss to the enemy. Companies F, I and K also did honor
to themselves in repelling all approaches to their positions, although in doing so one man
in Company F, and one in Company I, were severely wounded. Darkness as usual closed
the combat, by the enenn- withdrawing from the field. Owing to the inclemency of the
night, the companies on the hill were withdrawn from their several positions. Company B
abandoning the rifle pits which were made by the men for its protection. At
early dawn on the next da3^ the Indians were observed from our camp to be in
possession of all points held by us on the preceding day. Upon seeing them, Lieutenant
McAuliffe of Company B gallantly observed that his company had dug those holes,
and that after breakfast they would have them again. And well was his declaration
fulfilled ; for in less than half an hour the enenn- were driven from the rifle pits, and had
fled to an adjoining hill which they had occupied the day before. This position was
at once assailed. Captain Cornoyer with Company K, and a portion of Compau}' I, being
mounted, gallantl}- charged the enemy on his right flank; while Lieutenant McAuliffe
with Company B, dismounted, rushed up the hill in face of a heavy fire, and scattered
them in all directions. They at once fled in all directions to return to this battle field no
more ; and thus ended our long-contested fight.
" I have already given you a list of the killed and wounded on the first two days of
the battle. On the last two days, we had only three wounded, whose names 3'ou \\ill find
subjoined to this report. J. Fleming, of Company A, before reported as mortally wounded,
has since died. I am happy to state, hoAvever, that private Jasper Snook, of Company H,
reported b}^ me as mortally wounded, is in a fair way to recover. The surgeon informs me
that all the wounded in the hospital are now doing well. The loss of the enemy in
killed, during the four days, I estimate at about seventy-five. Thirty-nine dead bodies have
already been found by the volunteers ; and many were carried off the field b}^ their
friends and comrades. So that I think that my estimate is about correct. The number
of their wounded must of course be great. In making my report, I cannot say too much
in the praise of the conduct of the ofiicers of the several companies and most of the
soldiers under ni}^ command. They did their duty bravel}' and well during those four
trying days of battle. To Second Major Chinn, who took charge of the companies in
the bush by the river, credit is due for his bravery and skill, also to Assistant Adjutant
Monroe Atkinson for his efficiency and zeal as well in the field as in the camp. And here,
while giving to the officers and men of the regiment the praise that is justly due, I cannot
omit the name of Hon. Nathan Olney, although he is not one of the volunteers. Having
accompanied me in the capacity of Indian agent, I requested him to act as my aid, on
account of his admitted skill in Indian warfare ; and, to his wisdom in council and daring
courage on the field of battle, I am much indebted, and shall never cease to appreciate his
worth.
LIEUTENANT-COLONEL KELLY'S PURSUIT OF THE IXDL\NS. oG3
" Companies D and E having arrived from Fort Henrietta on the evening of the tenth,
the next morning I followed with all the available troops along the Nez Perces' trail in
pursuit of the Indians. On Mill creek, about twelve miles from here, we passed through
their village numbering 196 fires, which had been deserted the night before. Much of
their provisions were scattered along the wa3'side, indicating that they had fled in great
haste to the north. We pursued them until it was too dark to follow the track of their
horses, when we camped on Coppei creek. On the twelfth, we continued the pursuit
until we passed some distance beyond the station of Brooke, Noble and Bumford on the
Touchet, when we found the chase was in vain, as many of our horses were completely
broken down and the men on foot. We therefore returned, and arrived in camp on
yesterday evening with about one hundred head of cattle which the Indians left scattered
along the trail in their flight.
"On the eleventh, while in pursuit of the eneni}', I received a letter from Narcisse
Raymond by the hands of Tin-tin-raetzy, a friendly chief (which I inclose), asking our
protection of the French and friendly Indians under his charge.
" On the morning of the twelfth, I dispatched Captain Cornoyer with his company to
their relief Mr. Olne}-, who accompanied them, returned to camp this evening, and
reports that Captain Cornoyer will return to-morrow with Mr. Raymond and his people,
who now feel greatly relieved from their critical situation. Mr. Olney learned from these
friendly Indians what we before strongly believed, that the Palouses, Walla Wallas,
Uniatillas, Cayuses, and Stock Whitley's band of Des Chutes Indians, were all engaged
in the battle on the Walla Walla. These Indians also informed Mr. Olney that, after the
battle, the Palouses, Walla Wallas and Umatillas had gone partly to the Grande Ronde
and parti}' to the country of the Nez Perces, and that Stock Whitley, disgusted with the
manner in which the Caj-uses fought in the battle, has abandoned them and gone to the
Yakima country to join his forces with those of Kamiakin. W^e have now the undisputed
possession of the country south of the Snake river; and I would suggest the propriety
of retaining this possession until such time as it can be occupied by the regular troops.
The Indians have left much of their stock behind, which will doubtless be lost to us if we
go away. The troops here will not be in a situation for some time to go to the Palouse
country, as our horses at present are too much jaded to endure the journe}-; and we
have no boats to cross Snake river, and no timber to make them nearer than this place.
But I would suggest the propriety of following up the Indians with all possible speed,
now that their hopes are blighted and their spirits are broken. Unless this be done, they
will perhaps rally again.
" To-day I received a letter from Governor Stevens, dated yesterday, which I inclose.
You will perceive that he is in favor of a vigorous prosecution of the war. With his
views I fully concur.
" I must earnestly ask that supplies be sent forward to us without delay. For the
last three days, none of the volunteers, except the two companies from Fort Henrietta,
have had any flour. None is here, and but little at that post. We are now living on beef
and potatoes which are found en cache ; and the men are becoming much discontented with
this mode of living. Clothing for the men is much needed as the winter approaches.
To-morrow we will remove to a more suitable point, where grass can be obtained in greater
abundance for our worn-out horses. A place has been selected about two miles above
Whitman's station, on the same (north) side of the Walla Walla; consequently I will
564 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
abandon this fort, named in honor of Captain Bennett of Company F, who now sleeps
beneath its stockade, and whose career of nsefnlness and bravery was here so sadly but
nobly closed.
" Very respectfully, j^onr ob't serv't,
"James K. Kelly,
Lieut.-Col., Com'g Left Col."
The loss of Oregon troops in the battle of Walla Walla was as follows : Killed,
Captain Charles Bennett, Company F, Second Lieutenant J. AL Burrows, Company H,
Privates Simon S. Hagerman, Company 1, Kelso, Company A, Henry Crow, Company H,
Joseph Strutevant, Company B, Jesse Fleming, Company A ; Dangerously wounded,
Captain Layton, Company H, Privates Jasper Snook, Company H, T. J. Payne, Company
H, F. Crabtree, Company H, J. B. Gervais, Company H, Nathan Fry, Company H;
Severely wouuded, Captain A. V. Wilson, Company A, Captain Munson, Company I,
Sergeant-Major Isaac Miller, Company H, Private G. W. Smith, Company B; Slightly
wounded. Privates Franklin Duval, Company A, A. H. Addington, Company H.
Among the killed of the seventh was the celebrated chief of the Walla Wallas,
Peu-peu-mox-mox or the "Yellow Serpent." Of the circumstances of his death, Colonel
Kelly in his dispatch to Adjutant Farrar, dated December 8, 1S55, said : " Among those
killed yesterday was the noted chief of the Walla Wallas, the celebrated Peu-peu-mox-mox.
He was taken prisoner by my command on the fifth instant, near his camp on the Touchet,
and during the battle yesterday made an effort to escape. In doing so he was killed,
together with four others who were made prisoners at the same time, and who also
attempted to get away."
The killing of Peu-peu-mox-mox was not only of importance because of his
prominent position among the Indians of the confederated tribes hostile to the Whites,
and his great wealth and influence with those tribes, but because it has been the great
subject of comment by those who, following the example of Major-General Wool, have
sought some shadow of justification for their unceasing denunciation of the people of
Oregon and Washington, their denial of common sympathy, their repudiation of the just
and well-founded claims of indemnity and protection from the national government. From
one end of the federal Union to the other, the slaying of Peu-peu-mox-mox has been
denounced as a treacherous and cold-blooded murder.
It is true there was great rejoicing among Oregonians and Washingtonians at the
death of that perfidious and mischief-making Indian. But was there no occasion for it?
It is true that volunteers thought they had done inestimable service, when the scourge in
that section of country was powerless for further evil. It is too true that it was in ill taste for
the soldiery of a civilized race to collect as trophies portions of the scalp and ears of the
deceased chieftain. But much may be said in extenuation. Indian Agent Nathan Olney,
in reporting to Superintendent Palmer this occurrence, stated as follows :
" We arrived near the camp (Walla Wallas) just before night (the fifth of December),
and were met by Peu-peu-mox-mox and about fifty of his men with a white flag. They
asked for a talk. We halted (Colonel Kelly's command) and demanded what he wanted.
He said peace. We told him to come with us and we would talk. He said no. 11 'e then
told him to take l)ack his flag and we would fight. He said no. We then told him to take
his choice, — go back and fight, or come and stop with us. He chose the latter. We
retained him until the next day. We tried to come to an understanding, but could not.
.V.,.
ANTONIO 8. RABBESON,
OLYMPIA, W. T.
THOMAS R. CORNELIUS ELECTED COLONEL OK OREGON VOLUNTEERS. 565
We still retained him as a prisoner, with four of his men who came along with him. The
next morning, the seventh, a large force attacked us as we left camp. In trying to escape
from their guard during the seventh, they were killed."
From all that can be gathered from the witnesses of his death, whilst we ma}' without
stint reprobate the indignities to his person as unbecoming the spirit of the age, yet his
killing was demanded by every principle justified in war (i). For months he had been
endeavoring to alienate the Indians from their friendship for the Whites. Less than a
month before he had seized and sacked Fort W' alia Walla. His threats of intention to cut
off the party of Governor Stevens, as the latter should return from the Blackfoot council,
were oft repeated. The testimony of Agent Olney gives the falsehood to the charge that
he was entrapped b}- a flag of truce. He came in voluntarily. He had his choice of peace
or war. He consented to remain with the force of Colonel Kelly, as a pledge of his
adherence to the former. While the battle was raging, he rose upon his guard and sought
to sla}- them, violating his parol of peace; and, having learned the strength of the Whites,
he attempted to escape and join his people. His killing under the circumstances was a
legitimate consequence of the war. Self-protection, self-defense and military judgment
alike demanded it. And nothing is hazarded in sa3'ing, that had that chieftain been the
hostage of General Wool, and had made the attempt to escape during an engagement, his
life would as promptly have been forfeited.
The battle was fought on the line of the two territories. Most of the Indians engaged
belonged to the territory of Oregon. But the inseparable relations of the tribes east of
the Cascades, on both sides of the Columbia river, made those tribes the common enemy
of Oregon and AVashington; and the morale of this defeat was vastly beneficial.
After the battle of Walla Walla, the volunteers went into winter quarters in the
country of the Indians whom they had so signally defeated, protecting the few straggling
settlers of the upper country, overawing the hostile Indians and preventing acts of reprisal
upon friendly bands, and keeping the communication open with The Dalles. Their camp
was changed occasionally to secure feed for the horses. It was a severe and drear}' winter
to those patriotic men, who willingly gave up the comforts of home and a milder climate,
accompanied with the comforts of life. They were exposed to a winter temperature of
twenty degrees below zero, and were denied all its necessaries. Without sufficiency of
blankets, clothing and food, they patiently waited till spring .should open, and active
operations in the field be resumed. On the 21st of December, Thomas R. Cornelius,
Captain of Company D, had been elected colonel of the regiment, in place of Colonel
James W. Nesmith, resigned. Narcisse E. Cornoyer, Captain of the company of scouts,
(K), succeeded Major Mark A. Chinn, Antoiue River succeeding to the command of
Company K. During the winter, a battalion of recruits had been formed in Willamette
valley, from which Colonel Cornelius' command was strengthened earl}- in March, the}'
taking the places of volunteers discharged, whose terms of enlistment had expired.
W'ith the earliest opening of spring. Colonel Cornelius determined upon an active
campaign in the Yakima country. The orders of Governor Curry, with the official report
of Colonel Cornelius, give the keynote and motive of that campaign. They make the
record of the men who participated in that memorable winter campaign, which will in
history be ranked as the parallel of the " Valley Forge " of the " times that tried men's
souls," more to be remembered because its necessity and the suffering undergone could
all have been avoided had the appliances at hand not been studiously and maliciously
Ul See B. F. Dowell's account of the kitliug of Peu-peu-mox.niox.
566 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
withheld by those whose duty it was to have performed that service in which the Oregon
Volunteers were compelled to undergo so great a sacrifice. They perpetuate the record
of the deeds of those who shared with their gallant colonel the honor of carr3'ing the war
into the enemy's country ; and, in the region where our people had been murdered, the
murderers met their just chastisement. They close the record of the campaign of the
citizen soldiery, who contributed so vastly to saving Oregon and Washington settlements
from desolation and destruction.
Under date of February 15, 1S56, Governor Curry thus instructed Colonel Cornelius:
" Your several communications to the second instant have been received.
" The recruit of your command, consisting of four companies, numbering about four
hundred men, is now en route. A portion is beyond, and the remainder at this point.
They will be pushed forward with the utmost dispatch. You will find the whole force well
mounted, officered and equipped. Subsistence and adequate transportation for active
operations duriug sixty days will be at your disposal ; and it is not for a moment doubted
that you will immediately prosecute, with energy, activit}' and success, the campaign in
which your gallant company is engaged.
" Relying with confidence upon your skill and prudence, the plan of operations for
the achievement of the object developed in general orders will be submitted mainly to
your discretion, as it must necessarily be more or less influenced by circumstances ever
changing and constantly occurring. So far as practicable, the plan you will adopt will be
controlled by the following suggestions.
" The dispirited and exhausted condition of the eneni}-, from the hardships, privations
and disasters they have encountered during the winter thus far, will probably disincline
them to engage the force under your command in a pitched battle. Detachments in
snfiScieut force to maintain themselves successfully against any considerable body of the
enemy, and not so distantly removed in the field of their operations from each other as
to enhance the ordinary dangers of the service, will be calculated to promote effectually
the desired issue. After crossing the Snake river, and before reaching the mouth of the
Palouse, the main body of the Indians on the south side of the Columbia ma}- be drawn
into a general engagement by a display of but a portion of your force, the remainder
being kept in reserve to act as circumstances may indicate. At the mouth of Snake river,
or its vicinity, the Columbia may be crossed advantageously, and the country occupied by
the Yakima and other Indians, on the north side of the Columbia, successfully penetrated.
It is anticipated that the United States troops, in force, will be in the field about the middle
of April. By, and perhaps before, that time, it is confidently expected that the volunteers
will have achieved the purpose for which the\' were called out, and be ready to return to
their long-suspended peaceful pursuits. When satisfactorily informed that the United
States troops are in the field, and in a position to maintain the advantages conquered by
the Oregon Volunteers, you will adopt such prudent measures as may be required to bring
your command to The Dalles, when regulations will be made with a view to mustering
out of the service. If practicable, it is desired that, before the return march shall be
undertaken, the Yakima valley should be penetrated far enough to break up any
encampments of the enemy existing in that section of the country.
" The post at Fort Henrietta you will constantly maintain with a force of not less
than thirty men, to be reduced under no circumstances while the regiment remains in the
field, instructing the officers in command to scour the country in its vicinity thoroughly,
as the safety of the trains passing to and from The Dalles, as well as the property at that
post, must be, as far as possible, completely assured."
OFFICIAL REPORT OF COLONEL CORNELIUS. 5(37
On the 2d of April, 1S56, Colonel Cornelius tlius officially reported: "On the
morning of the ninth ultimo, I dispatched Lieutenant Charles B. Pillow, Compan}^ A, of
the First Battalion, in charge of a detachment of fifty men, to form an encampment at or
near Fort Walla Walla. I gave him orders to hold that post, to scout the adjacent
country, and to preserve open the line of communication from the mouth of Snake river
to our military post on the Umatilla. Having completed m}' preparations, on the same
date I took up the line of march for Snake river with Companies A, D, E, H and K
of the First Battalion, and A, B, C and D of the battalion of recruits, the command
numbering about five hundred persons. We were supplied with full rations of sugar and
coffee, and one-half rations of flour and beef, for the period of nine days. Beyond this we
were destitute of supplies of an}- kind, the commissary department being wholly barren.
The first night, we encamped on the Touchet. In the evening. Lieutenant W'right of
Company E, whom I had previously dispatched to reconnoiter the mouth of Snake river,
returned and reported he had discovered stock in the forks of the rivers, herded by
Indians. The command did not move on the tenth, as I judged it advisable to await for
one da}' the return of an express detachment I had been forced to send to The Dalles to
obtain a needful supply of ammunition. Lieutenant Miller of Company H, with a
detachment of that company, I sent beyond Mill creek to obtain cattle. He returned on-
the evening of the eleventh with twenty-one head of beef, which unfortunately effected
their escape from us at Snake river.
" On the eleventh, we proceeded down the valley of the Touchet. The afternoon of
the twelfth, after a march of forty-two miles from Camp Cornelius, we arrived on Snake
river, twenty-five miles above its mouth ; and, before nightfall, the command had
accomplished the passage of the river, with the exception of Company A, Captain
Harding, of the recruiting battalion. The transit over the river was made without loss
or accident beyond tiie loss of two or three animals. On approaching the river, a very
feeble encampment of Indians was perceptible on the opposite shore. Immediately
after a portion of our advanced guard had crossed the river, I went in pursuit of the enemy,
who had fled in the direction of the Columbia on observing our boats. A quantity of
their packs and provisions, a small amount of ammunition and some horses were captured
and brought into camp. Captains Hembree, Wilber, Revais, Burch and Ankeny, and
Lieutenant Miller, with portions of their respective companies, were engaged in this
movement. We succeeded in killing four or five of the enemy, and captured one Indian
boy of some four or five years. This last I have intrusted for the present to Captains
Hembree and Ankeny. In the pursuit, two Indian women were overtaken. They were
suffered to pass on unmolested.
" The succeeding day. Captain Revais, with a detachment of his men. Company K,
and Lieutenant Taggart of Company A, Second Battalion, with a detachment under
command of Major Cornoyer, struck across the country to the mouth of the Yakima; while
Captains Burch, Ankeny and Settle of the Second Battalion, with tl^eir companies, under
my immediate command, proceeded down the river to its mouth, and thence up the
Columbia for ten miles to opposite the mouth of the Yakima, when we were met by the
detachment in charge of Major Cornoyer. W^e failed to find any considerable force of
Indians. A small number were discovered, pursued, and three or four killed. The
remainder, with a small band of stock, had succeeded in crossing the river before they
could be overtaken. These fled with great precipitancy towards the north. We returned
to camp by different routes, having traveled this day some seventy-five miles over a country
56<S HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
presenting no indications of having been occnpied by a force of the war party of our
enemy. While Lieutenant Small of Company K, and one other man, were together
making their course to camp, they were fired upon by eight or ten Indians. The
lieutenant returned their fire, succeeded in killing one of the Indians, and himself and
companion escaped untouched. The same evening, private Harvey Robbius, of Company
D, was slightly wounded in the thigh with an arrow.
" The wagon train I had employed for the transportation of our boats, on the
fourteenth I ordered to proceed to Walla Walla with five of the boats. One boat was
cached on Snake river. On the afternoon of this day, I took up the line of march for the
Palouse river, following the rough trail of the Snake. On the sixteenth, after a march of
some forty miles from our crossing of Snake river, we encamped two miles below the
Palouse. On this march, we discovered no manifestations that the countr}' had been
occupied during the past winter by any large body of Indians. At long intervals were to
be noted evidences of temporary camps of a few families. Signs of numerous Indians
having passed along the trail were perceptible. On arriving in the vicinity of the Palouse,
I ordered Captain Hembree forward to ascertain if there was an encampment of the enemy
at the mouth of that river. The same evening, he reported no Indians there, and no
appearances of an encampment at or near that locality since late in the past autumn.
" On the seventeenth, I sent an express to the post at Walla Walla for supplies. We
moved up the Palouse a distance of eight miles, and encamped until the morning of the
twenty-third. Prior to reaching the Palouse, our scanty stock of provisions was exhausted;
and we were reduced to the necessity of subsisting on horse meat. IMany s3'mptoms of
strong reluctance to proceed further had been for several days manifested by a portion of
the command. I called a council of the officers on the evening of the seventeenth, when it
was determined to await the arrival of the provisions, and in the meantime to send out
detachments to scout the country. On the eighteenth. Captains Hembree, Reavis, Burch
and Ankeny, Lieutenants Hutchinson, IMears, Wright and Hale}', with detachments from
Companies D, E, H and K of the First, and B and C of the Second, Battalion, under command
of Lieutenant-Colonel Kelly, proceeded up the Palouse, and across the Colvile trail, to
Clear creek. At the crossing of the creek, the Colonel divided his forces, sending one
part, under Captain Hembree, down the creek to the Palouse, then up the Palouse, a
distance of thirt}' miles from the encampment of the regiment. Colonel Kelly, with his
part}', moved up Clear creek a further distance of twelve miles, thence marched to Sinking
Springs, on the trail leading from the falls of the Palouse to Priest's Rapids, and from
that section pursued an easterly course to camp. The command of Lieutenant-Colonel
Kelly was absent two days. They saw no Indians or cattle, and but one horse, which
was ' appropriated by the men for their evening's meal. The Colonel reported that his
command discovered a recent encampment; that it was evident that the whole body
had crossed the country towards the Columbia; that no other camping ground of the
Indians was found ; and that there was but one trail leading from the Palouse river over
the Palouse country to Priest's Rapids. The day of the return of Colonel Kelly to camp,
I dispatched a second express to Walla Walla for provisions. Fortunately, on this day' we
found, on the south side of Snake river, a baud of forty Indian horses. With the
assistance of a few men, I succeeded in driving them to camp. Most of the number were
used for the subsistence of the regiment.
" On the morning of the twentieth, I was induced, by a series of circumstances, to
order a parade of the regiment, at which I informed the command that it was my desire
■i: <
MOVEMENTS OF THE \'OLUNTEERS. 569
and intention to follow the trail across the Palouse country to the Columbia, and to
penetrate the country of the Yakima before I marched the command to The Dalles, and
that such Avere your orders to me. I regret being under the painful necessity of stating
the fact that one of the field officers exhibited his disrelish of ni}- plan in a manner which
he ought not to have suffered himself to have betrayed. Lieutenant-Colonel Kelly and
Major Cornoyer, in unequivocal terms, expressed their decided approbation of the line of
march I had proposed to pursue. On the twenty-first. Captain Wilson, having in charge
Watson's pack train with provisions, reached Snake river. Captain Cason of Company
E, recruiting battalion, reported his command at Walla Walla ready for dut}'. I ordered
him to form an encampment at the mouth of Snake river, to scout the country on both sides
of the river, and after the twenty-fourth to have our boats at that point prepared to cross
any express I might forward, or the whole command. Watson's pack train brought
rations of flour for twelve, and coffee for nine, da3's. From some mismanagement of the
assistant quartermaster in the field, but two hundred pounds of coffee were forwarded to
me. I had ordered four hundred and fifty pounds to be sent. At the time, there were
some two or three thousand pounds of coffee at Walla Walla. Several instances of
mismanagement have occurred in the quartermaster's department in the field that have
seriousl}- embarrased my plans and movements. On Sunda}' the twenty-third, we resumed
our march, taking along one of our boats, following the trail that had been discovered by
Lieutenant-Colonel Kelly on the eighteenth and nineteenth eii ro7i/e to Priest's Rapids, and
late on the twenty-sixth encamped on the bank of the Columbia.
" We were four days in traversing the country between the Palouse and Columbia
rivers. Throughout the march, the men and animals suffered severely for want of water
and subsistence. Numbers of horses became so exhausted that they were unable to travel.
The route was exceedingly difficult. No man of the regiment had before penetrated the
countr}'. Not an Indian was seen. A very few miserably poor horses were secured, which
were consumed as provisions. Captains Hembree and Harding and Lieutenant-Colonel
Kell}', with five men, on the twentj'-seventh, followed up the Columbia for several miles
above Priest's Rapids. Captain Hembree reported that the party discovered three Indians
on the west bank of the Columbia; that they conversed together; that the Indians stated
that they had no firearms and did not wish to fight; and that they declined to cross the
river to our men. He further reported no more or different indications of the locality of
the Indians than are presented in every part of the Palouse countr}'.
" I w^as extremely solicitous to cross the Columbia at the point we had attained, and
pass directly into the heart of the country of the Yakimas. At a council of my officers,
I submitted for consideration several propositions, one as to the expediency of at once
passing over the Columbia. The exhaustion of both men and animals, the absence of
supplies, and the uncertaint}^ of obtaining provisions from the trains supposed to be on
the route to Walla Walla, in conjunction with other causes, led to the determination that
the command be marched on the east side of the river to the mouth of the Yakima. On
the twenty-eighth, we moved down the Columbia on a wretched trail, and on the thirtieth
camped opposite the mouth of the Yakima. Captain Cason arrived at my camp this
evening, and relieved our immediate wants b}- driving in eight head of beef, captured by
his company on the Umatilla. It now became imperative to decide whether the country
of Kamiakin should be entered and thoroughl}' scouted. The troops of the Lhiited States
were hourl}' expected to arrive in the valley of the Walla Walla, and thus relieve the
volunteers of the duty they have for mouths performed, and enable them to return to
their homes.
570 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
'' Governed by considerations that impressed me as tlie best and most prudent I
could adopt under existing circumstances, I ordered Major Curl to take command of
Companies H and K of the First Battalion, and A and D of the Second Battalion, proceed
to Walla Walla river, form there an encampment, scout that valley to the base of the
Blue IMountains, occupy the country until he was satisfied that a sufficient body of United
States troops had come into the valley to hold the same, and march the command directly
to the neighborhood of The Dalles. That command is now in the Walla Walla. To
Captain Cason I gave an order to proceed with Company E to the headwaters of Wild
Horse creek, the Umatilla and John Day rivers, into the Eureka valley and to The Dalles,
by wa}- of Warm Springs, to collect and drive in all the horses and cattle on the route,
and arrest and hold in custody any and all white persons he might find in charge of
stock. Captain Cason had departed to fulfill this mission. The same date I issued an
order, to the regimental quartermaster and the commissary and their assistants, to
withdraw all supplies, stores and property whatsoever, in their charge, from the field to
The Dalles, whenever the left column of the regiment might vacate the countr}-. The
commanding officer of Company B of the First Battalion I have ordered to abandon Fort
Henrietta, totall}^ destroy that post, and march to The Dalles on the approach of the left
column to the Umatilla. Lieutenant Pillow has been ordered to cross the Columbia with
his force, and rejoin ni}^ command on the Yakima. On the last day of March I crossed
the Columbia with Companies A, D and E of the First Battalion, and B and C of the
Second Battalion. Lieutenant-Colonel Kelly, Major CornoA-er and Captain Revais
accompanied me.
" On the first of the month, with Major Cornoyer, Captains Burch and Ankeny,
Lieutenant Hult, and nine men, I followed up the Yakima river a distance of thirty miles.
We found neither Indians nor evidences of an encampment since last autumn. Captain
Hembree penetrated the country about the same distance. They report no recent traces
of the enemy. Lieutenant-Colonel Kelly recrossed the Columbia in search of cattle, but
returned without success.
" I had dispatched Lieutenant Caldwell to Walla Walla for one thousand pounds of
flour and twenty-five rations of coffee. With this quantity, I proposed immediately to take
up the line of march through the Yakimas, and depend on the capture of wild horses for
all deficiency of provisions. Lieutenant Caldwell has returned, and reports that Major
Curl' and Lieutenant Miller, despite his remonstrances, took possession of four hundred
pounds of flour, and that he succeeded in obtaining but fourteen rations of coffee. With
him came your express messenger, Mr. Robinson, with 3'our advices, and a communication
from Captain Pownall, the regimental quartermaster, and from Hubbard's wagon train.
A wagon and pack train with provisions are eii route from The Dalles. If the}' be not
dela3'ed or discharged at Fort Henrietta, which I am fearful of, although I have given an
order for the trains to push through direct to Walla Walla, I have hope of obtaining such
supplies as will enable me to perform a campaign in the Yakima without danger of
suffering for want of subsistence. Quartermaster Pownall communicates that the Cascades
have been attacked b}- Indians, and that the United States troops, at that time en route to
Walla Walla, had been recalled to The Dalles. Under the present order of facts, I may
find it indispensable for the public good to place either Lieutenant-Colonel Kelly or Major
Cornoyer in command of the troops on the south of the Columbia river. I shall remain
in this section of the country until the arrival of the expected subsistence trains. I
contemplate a direct forward movement into the Yakima valley. I shall go through
DISBANDMENT OF THE OREGON MOUNTED VOLUNTEERS. 571
the Klikitat valley. From that point my course must depend upon contingencies that
may arise. I propose to send a force down the White Salmon river, and, if }'ou deem it
advisable, proceed by the mountains and valle3-s to the north on to Vancouver.
" In relation to the loss of Dowell's pack train, no supplies were obtained b}' the
Indians. The animals were stolen about four o'clock on the morning of the 25th of
February, on Wild Horse creek. Pursuit was given, but with no avail. I attribute the
loss to carelessness on the part of the persons having the animals in charge. At the time
the train left the Umatilla, Company A, of the battalion of recruits, was encamped about
one mile from the train, and supposed it would be hazardous to leave the train, as it was
to proceed to Camp Cornelius with Company A. In addition to this force, Hubbard's
wagon train was proceeding with the pack train, and under the escort of Captain Harding."
The command of Colonel Cornelius had crossed the Columbia river on the 30th of
March ; but thej^ were dela3'ed in the march to the Yakima country, awaiting subsistence.
On the 5th of April, with 241 men fit for duty. Colonel Cornelius commenced the march.
No Indians were seen in the lower country. On the 6th of April, arriving at Canon
creek, the hostiles were met in force. On the next morning, Captain Hembree, with
seven or eight others, rode out with the intent of going to the top of the ridge separating
the valley they were in from Simcoe valley to reconnoiter. While ascending the hill,
and when but a short distance from camp, the}^ came upon a number of what seemed to be
loose horses, which they carelessly approached. In a moment it was apparent that each
horse was mounted, as from each an armed warrior rose, and charged upon Captain
Hembree's squad. That officer was killed, but not until he had himself dispatched two of
his Indian assailants. The others hastil}' retreated to camp and gave the alarm. Major
Cornoyer, with a detachment, swiftly pursued ; but poor Hembree had been scalped and
mutilated. The attempt of the Indians to stampede the horses of the command signally
failed. Major Cornoyer continued pursuing the savages all day, and finally came up
with them at a place which they had fortified. _ His command charged them and killed
six of their number without losing a man.
Upon the next day, the command returned to The Dalles, carrying along with them
the body of Captain Hembree. Two Indians were met on their line of march, and killed.
Arriving in Klikitat valle}', the troops went into camp to recruit the animals and wait for
further orders. On the 28th of April, a band of fifty hostiles stampeded the animals, and
succeeded in driving off a large number.
During the month of May, 1856, the regiment, excepting the companies of Captains
Wilson, Wilber and Haley, were mustered out. Those three companies were retained in
service until August, when they were discharged. The muster rolls exhibit that during
the service of the regiment there had beeu (including the re-enlistment) enlisted 1,455
men, including fiftj^-seven who became commissioned officers.
This chapter has copiously presented the documentary record, to the end that
the conduct and motives of the participants in the volunteer movement in the
Oregon -Washington Indian war may be full}' exposed and exhibited. There was but a
single act which too signall}^, for a civilized race, betrayed an exultation over the corpse of
a deceased foe ; and although that life had been marked with perfidy, deceit and cruelty to
our race, still should his lifeless body have been exempt from such a treatment. That
citizen soldiery, numbering nearly fifteen hundred men, rank and file, have no occasion
for other than patriotic pride in the record that they made in their service as Oregon
volunteers.
Chapter LIII.
(1856.)
Oregon and Washington Indian War — Governor Stevens' Operations — His Ketnrn
from the Blaclvfoot Council — He Addresses tlie Legislative Assembly — Call for
Volunteers — Indian Attack Upon the Town of Seattle — Arrival of the Kiuth
Infantry — Governor Mason Goes to Washington City — Governor James Douglas
— Patkauim Has a Battle With Leschi's Band — Murder of Northcraft and
White — Battle of Connell's Pi'airie — Indians Becoming Demoralized — Major
Hays Resigns His Commantl — Raid of Maxon's and Achilles' Companies up the
?>isqually — Arrest of Wren, McLeod and Others — Habeas Corpus Proceedings
— Martial Law in Pierce and Thurston Counties— Trials by Military Commission
— Discharge of Wren, McLeod and Others — Trial of Lieutenant-Colonel Shaw
and Governor Stevens for Contempt of Court — Campaign of Lieutenant-Colonel
Shaw East of the Cascade Mountains.
AFTER the signing of the treaty made with the Flatheads, Kootenais and Upper Peud
. d'Oreilles, Governor Stevens proceeded to Fort Benton to attend the Blackfoot
council. The council through satisfactorily, the governor set out on his return to
Olympia. On the 29th of October, two days out from Fort Benton (i), an express
brought the intelligence of the outbreak of the Yakimas, the preceding murders, and
repulse of Major Haller, and the further declaration of their intention to exterminate all
the Whites in the country. He was advised that the current belief was that the Cayuses,
Walla Wallas and Coeur d'Alenes were disposed to hostilities. His party — consisting of
twenty-five men, with poor and jaded animals worn out in the express service necessitated
by the Blackfoot council, with but few arms and little ammunition, entirely unprepared
for such an exigenc}^, having believed their return was through a territory of friendly
Indians — halted their train. Secretarj^ Doty was dispatched to Forts Campbell aud
Benton to procure fresh animals, arms and ammunition. On the thirty-first. Governor
Stevens hastened forward to Bitter Root valley, instructing Mr. Doty to follow with the
train as speedily as its condition would permit. The governor reached the valley
November 4th, making two hundred and thirty miles in four and one-half days. The
train left the Missouri November 4th, and in eight days reached Hell Gate, in Bitter
Root valley, a distance of two hundred miles, where the governor's camp had been
established. Before reaching the valley, Governor Stevens had overtaken delegations of
Nez Perces, returning from the Blackfoot council. At Hell Gate, he held a conference
with them. They had heard of the war below ; but Governor Stevens fully explained the
situation, and requested certain of them to accompany him by way of the Cceur d'Alene
Pass, although he had been advised that it was impracticable from snow. The whole
party, fourteen men, among whom were spotted Eagle, Looking Glass and Three Feathers,
(i) Governor Stevens' message to Washington legislature. January 21, 1856.
( 572 )
MILES GARY,
LA FAYE.TTE,OR.
m
MRS. C.B. GARY,
LA FAYETTE, OR.
J.W.M? CARTY,
TACOMA.W. T.
SAMUEL ALLEN,
DECEASED.
MRS. SARAH TRIMBLE,
(nee ALLEN)
SALEM, OR
RETURN OF GOVERNOR STEVENS FROM THE BLACKFOOT COUNCIL. 573
principal chiefs amoug the Nez Perces, expressed their determination to accompany. The
Nez Perces invited the governor to go to their country, when a large company of young
men would escort him to The Dalles.
On the 14th of No\'ember, the governor pushed forward, crossed the Bitter Root
Mountains on the twentieth, the snow being nearly three feet deep, and reached the
Cceur d'Alene mission on the twenty-fifth. A council was held with those Indians ; but
they were greatly excited, and uncertain whether to be for peace or war. At this place the
rumors were extremely alarming ; — that the troops had fought a battle with the Yakimas
and had driven them across the Columbia; that the Walla Wallas, Cayuses and Umatillas
were in arms, and that the Nez Perces had joined the hostiles. Nothing seemed
reliable but the fact that several tribes in front were in arms, blocking up the road,
and that they had threatened to cut off the governor's pa^t3^ The governor still
advanced to the Spokane country. A council was called, at which the whole Spokane
nation was represented. It was also attended by the Cceur d'Alenes and Colvile
Indians. The Spokane and Colvile Indians were bitterly hostile in their expressions.
They denounced the war below, wanted it stopped, and said the Whites were in the
wrong. The belief was general that Peu-peu-mox-mox would execute his oft-repeated
threat against the governor and his party, — the threat that he would never reach The
Dalles alive. Those Indians had not as 3'et joined the hostiles. The}- would not even
promise neutrality, but said that, if the Indians at war were driven into their countrj-,
many of the Spokanes would join them. After a stormy council lasting several days,
those Indians were conciliated and promised to continue the firm friends of the Whites.
Governor Stevens having reinforced his party, a forced march was made to Lapwai
in the Nez Perce country. The whole nation except the buffalo hunters assembled to
greet the governor. William Craig, from letters received, informed the governor that
Walla Walla valley was blocked up with hostile Indians ; and the Nez Perces declared
it was impossible to get through. Governor Stevens called a council, and asked them
for an escort of one hundred and fiftv to accompau}^ him to The Dalles. Cordially they
agreed to go. Before the council had adjourned, the news was received of Colonel Kelly's
victory in Walla Walla valley. The next day, with sixty-nine well-armed Nez Perces,
the governor started for Walla Walla, which he reached without encountering a hostile
Indian. Such was the gauntlet which Governor Stevens, a commissioner of the United
States to negotiate treaties, had to run in returning from his duty. Yet General Wool,
the commanding officer of the territory, disbanded a company of volunteers who had been
raised and accepted into the United States service, with the condition that one of their
duties .should be that of escorting Governor Stevens on his return from the Blackfoot
country through that hostile region. Such was the bitter hate of that arch-enemy of the
territories of Washington and Oregon. Governor Stevens reached Ol3'mpia on the 19th
of January, 1856.
B\- unanimous recjuest of the Legislative Assembly, then in session, the governor,
on the 2ist day of Januar}', 1856, addressed both houses in joint convention. He reviewed
the Indian polic}' which had hitherto governed his administration, rapidly and cursorily
noticed the events of the Indian war, and adverted to the policy which would govern the
further prosecution of the Indian war b}' the territorial authorities. He boldl}^ proclaimed
that the volunteers called out by Governor Mason to co-operate with the regulars had been
treated with bad faith ; that some of those troops had been disbanded in open violation
of positive understanding ; and that, therefore, " It is now proper that the authorities of
574 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
this territory should conduct the movements of its troops, co-operating however with the
regular troops where such co-operation can be effective ; that the volunteers called into
service by the territory should not be mustered into the service of the United States ■
that he was ready to take the responsibility of calling for troops to act independently of
the regular service."
On the 23d of January, 1S56, Governor Stevens issued a proclamation calling for six
companies of volunteers, reciting for the occasion that " during the past three months a
band of hostile Indians have been spreading alarm amongst the settlers residing on Puget
Sound, murdering the families, destroying property, causing claims to be abandoned, and
preventing the usual avocations of the farmer, whereby a large portion of the territory
has become deserted ; and positive want, if not starvation, stares us in the face during the
coming year : And whereas, the term of service of the troops already called out into the
iield either has or is about to expire ; and, by a vigorous prosecution of the war, it is
believed that a peace can soon be conquered, or our enemies west of the Cascade
Mountains be annihilated, especially from the friendly attitude, up to this time,
maintained by the Indians residing immediately upon the waters of Puget Sound."
That preamble briefl}^ stated the condition of the country at that time. It recognized
that war existed against the hostile bands of Indians west of the Cascade Mountains,
against those Indians who had, up till this time, refused to move upon the reservations,
and who refused to be separated from, or who acted with, the hostiles. It was not war
against the race. It was war against those who refused to be wards or dependents of the
government and to live in amity with the Whites.
On the 26th of January, 1856, at half-past eight o'clock in the morning, the Indians
attacked the town of Seattle. This attack, made in open daylight, an United States
sloop-of-war anchored in the harbor, indicated a boldness at variance with Indian character,
and utterly inexplicable, considering their usual mode of warfare. It demonstrated that
the feeling of confidence had returned to them. It meant conclusively : " Had they been
successful in that engagement, thereb}' would have been settled the question by the great
number of Indians vipon the reservations, who yet doubted as to which party should have
their allegiance." It was the bold bid of the race to stimulate to hostility the wavering.
The firing continued incessantly all day. Two white men were killed. The U. S. ship
Decatur rendered most valuable assistance. A number of Indians were killed ; but tlie
number, as in all conflicts with that race, could not be definitely ascertained. A shell
thrown by the Dtra/ur struck a house upon the outskirts of the town, which the Indians
reported to have killed five of their number. Outside the town of Seattle, all the houses
in King county, excepting the improvements on Alki Point, had been burnt to the ground;
and the whole country was devastated. On the day of the attack, a company was raised
for the defense of that place, the term of enlistment of Captain Hewitt's company having
expired. Of that new company, Hon. Edward Lander, Chief Justice of the territory, was
elected captain. Although raised to temporarily defend Seattle, the company was received
into the new regiment raised under the governor's recent proclamation as Company A.
On the 29th of January, Lieutenant-Colonel Casey, U. S. Army, arrived at Steilacoom
in the steamer Republic, with two companies of the Ninth Infantry, the remaining
companies of that regiment, under Colonel Wright, U. S. Army, having gone to Fort
Vancouver.
The following appointments were made by the governor, who was ex officio
commander-in-chief: James Tilton, Adjutant-General; William W. Miller, Quartermaster
0
LIST OF COMPANIES MUSTERED INTO THE VOLUNTEER SERVICE. 675
and Comiuissarj^-Geueral ; James K. Hurd, xA.sst. Quartermaster and Commissary-General ;
Charles E. Weed, Quartermaster, Olympia ; Warren Gove, Quartermaster, Steilacoom ;
R. S. Robinson, Quartermaster, Port Townsend ; M. B. Millard, Quartermaster, Portland,
Oregon; M. R. Hathaway, Quartermaster, Vancouver; A. H. Robie, Quartermaster, The
Dalles.
The following exhibit from the muster rolls shows the companies who were accepted
into the service, their strength, together with the names of their officers: B.Frank
Shaw, Lieutenant-Colonel; Walter W. de Lacy, Adjutant; Christopher H. Armstrong,
Quartermaster. Company A: Captain Edw^ard Lander; Seattle, King county ; fifty-three
men, rank and file; infantry. Company B : Captain Gilmore Hays; Olympia, Thurston
county; fifty-two men, rank and file ; infantry. Upon the election of Captain Hays as
Major, he was succeeded by A. B. Rabbeson, who was succeeded by D. E. Burntrager.
Coiupau}- C: Captain Benjamin L. Henness ; Thurston county; sixty-seven men, rank
and file ; mounted ; furnished their own horses. Company D : Captain J. H. Achilles ;
forty-four men, rank and file ; mounted. During part of term. First Lieutenant Powell
commanded this company. Company E : Captain C. W. Riley ; Steilacoom ; twenty-one
men, rank and file ; infantr}'. First Lieutenant Cole succeeded Captain Riley in command
f company. Company F : Captain Calvin W. Swindal ; Mason county ; forty men, rank
and file; infantry. Company G : Captain Juo. J. J. H. Van Bokkelin ; Jefferson county ;
fifty-five men, rank and file ; infantry. On the election of Captain Van Bokkelin as
Major of the Northern Battalion, he was succeeded by Captain Daniel Smalley. Company
H: Captain R. V. Peabody ; Whatcom; forty-two men, rank and file ; infautrj-. Company
I: Captain Samuel D. Howe; Island; thirty-five men, rank and file ; infantry. Company
J: Captain Bluford ^Miller; Oregon; forty men, rank and file; mounted rifles. Company
K : Captain F. M. P. Goff; Oregon ; one hundred and one men, rank and file ; mounted
rifles. Company L : Captain Edward D. Warbass ; Lewis county ; ninety-one men, rank
and file ; infantrj-. Company M : Captain Henri M. Chase; fifty-three men, rank and
file; mounted. This company was composed often white men and forty-three Nez Perces.
They furnished their own horses. Company N: Captain Richards; Oregon; seventy-four
men, rank and file; mounted. A part of term this compau}^ was commanded b}' Captain
Williams. Washington Mounted Rifles: Captain H.J. G. Maxon ; ninety-five men, rank
and file ; mounted. Clark County Rangers : Captain Wm. Kelly ; eighty-one men, rank
and file; mounted. Pioneer Company: Captain Joseph White; Thurston county; forty
men, rank and file; infantry. On Lieutenant-Colonel Shaw's expedition to Eastern
Oregon, a part of the Pioneer Company, Captain Urban E. Hicks, performed duty west of
the mountains as mounted men, — fourteen men, rank and file. Walla Walla Company:
Captain Ford ; twent3Miine men, rank and file; mounted. Train Guard: Captain Oliver
Shead; forty-sev^en men, rank and file; infantry. Nisqually Ferry Guards: Sergeant
Packwood ; nine men, rank and file ; infantry.
IMuch anxiet}' existed on account of the presence of a number of Northern Indians
on the Sound ; and their constant robberies and depredations upon the remote and
defenseless settlements was a continued cause of alarm. The hostiles were becoming
emboldened. Their coming to the very verge of the settlements, stealing horses and
cattle and driving them off to their camps and pastures, was of constant occurrence. On
the 30th of January, Governor Charles H. Mason took his departure on the steamship
Republic for Washington City, as a bearer of dispatches, and to present the condition of
our territorial and Indian affairs to the national government.
576 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Illustrative of the manner in wliich Govenor Stevens took responsibility and
accomplished purposes, as also the sympathy of Sir James Douglas, Governor of Vancouver
Island, in our struggle, the appeal of the former to the latter (February 7, 1856), and the
response, should not be omitted. It exhibits the poverty of the territory, — its actual
needs ; it alike shows the humanity of Governor James Douglas. Governor Stevens
addressed Governor Douglas: "I have appointed R. S. Robinson my commissary and
quartermaster for the volunteer operations on the lower part of the Sound ; and I have to
request that you will furnish him with whatever he may call for. We need powder, lead,
sugar, coffee, pork, clothing, candles, soap, etc. I have no question that an appropriation
will be made this session of Congress to defray these expenses ; and Captain Robinson
will issue the necessary certificates for such articles as you may furnish."
Governor Douglas, after the exchange of several notes as to the method of purchase
and securities, replied : " Unable to procure supplies from the merchants of Victoria on
the terms proffered in your letter, I have purchased a quantity of sugar, coffee, the
number of blankets wanted for the troops, with a supply of gunpowder and lead, with my
private fluids^ for Captain Robinson, with a view of meeting your present necessities,
leaving the payment for your settlement in any manner that will secure me from loss."
Nearly three years later, the government of the United States having delayed the
recognition of this debt, because, as Secretary John B. Floyd remarked, he " had been
under the impression that the debt arose from an ordinary purchase of goods, made on
the same terms as other purchases at that time from private parties." Sir James Douglas
explained that transaction to Lord Napier, the British Minister at Washington : " They
were advanced from my own private funds to aid, not the ordinary military operations of
the country, for that I should not have felt bound to do, but to avert the devastating
inroads of savages menacing the destruction of the defenseless settlements of the United
States. You will see by the impressive and oft-repeated appeals made to me for assistance,
and that failing all other aid, and having no government means at my command, I
authorized Mr. Commissary Robinson to purchase a limited quantity of stores at my
expense, which he did ; and I paid the cost from my own private funds, and not in the
least in connection with the Hudson's Bay Compan3^ That was done from an entirely
friendly spirit, as governor of Her Majesty's colou}^ of \^ancouver Island ; and assuredly
I should not have laid out money in that way, under any other circumstances, with views
of commercial profit."
Secretary Floyd on learning this, January 27, 1S59, earnestly recommended the
payment of this advance, in which President Buchanan heartily concurred in this
language : " I learn that this transaction had in it nothing whatever of a commercial
character, but was, in fact, a loan made by the generosity of the chief magistrate of a
neighboring colon}', in a time of great distress, for the relief of the territory, and with
the guaranty of the national faith as security."
Congress made the appropriation as recommended, " to refund the amount of this
claim, with interest, which is clearly demanded by the circumstances of the case."
On the 4th of February, Patkanim, with fifty-five friendl}^ warriors of the Snohomish
and Snoqualmic tribes, had taken the field for the purpose of operating against the hostiles
of the White, Green and Puyallup rivers. Colonel Simmons and Mr. Fuller of the Indian
service accompanied them up the Snoqualmic river till the\' abandoned their canoes. On
the 8th of February, these Indian auxiliaries were scouting along the base of the
mouiitains. When within five miles of Snoqualmic Falls, and eighty miles east of Seattle,
A.M. CHAMBERS, ESQ
OLYMPIA.W.T.
PATKANIM HAS A BATTLE WITH LESCHl'S BAND. 577
Patkanim learned of an Indian camp just below the falls. Colonel Simmons, the Indian
agent, and the Whites who had accompanied, had been directed by Patkanim to camp on
Wapito Prairie. Patkanim then surrounded and captured the whole Indian camp,
numbering seventeen, without firing a gun. Three of the part}^ proved to be Klikitats.
The others belonged to Pakanim's tribe. One of the Klikitats turned informer, and
agreed to join Patkanim and guide the party to Leschi's camp. The other two Klikitats,
Patkanim hanged and beheaded. From the Klikitat informer, much information was
obtained. He said that the Klikitats, during the previous fall and winter, had been east
of the mountains, engaged in making war upon the Whites ; that the hostiles who had
taken part in the war at different times and places numbered between five and six hundred ;
that Nelson and Leschi's bands, together with the Sababs and Duwamish Indians, had
made the recent attack upon Seattle, but that neither Leschi nor Nelson was personally
present; that there were but thirty armed Indians then in the vicinit}' of Seattle, and that
they were in the vicinity of Lake Washington ; that the hostiles were divided into four
camps, all near each other, upon the eastern side of White river, just above where it was
crossed b}- the military road, and that the road was completely guarded at its crossing ;
that in the spring, as early as practicable, a large portion of the Yakimas and Klikitats
would cross the mountains and renew hostilities.
On the night of the 15th of Februarj^, Patkanim arrived at the camp of Leschi in
the forks of a small stream on White river. He intended to have surprised Leschi ; but
his approach was betrayed by the barking of the dogs. A fruitless colloquy occurred
between the two chiefs ; and Patkanim commenced the attack on the next morning.
Leschi's party occupied a log house outside the forks. After a desperate fight, Patkanim
dislodged Leschi's party, who retreated to the forks of the river. The fight continued ten
hours. Leschi's party lost eight men killed, one being a chief, six being killed on the
opposite side of the river. Two of the heads only were secured as trophies of the battle.
Patkanim continued the fight until he was out of ammunition, when he withdrew his
forces to wait for supplies. About this time, another party of Indian scouts, mostly of the
Chehalis tribe, was organized, with Sidney S. Ford as captain. In the meantime, a
sufficient number of volunteers had been accepted into the service to form the Central
Battalion, which, on the 21st of February, elected Captain G. Hays, Major. A. B.
Rabbeson succeeded to the command of Company B. The battalion consisted of Companies
B, C, the Pioneers under Captain White, and Company F, Captain C. W. Swindal. They
immediately established the post at Camp Montgomer}', and by the agtli of Februar}- had
established a post and ferrj' at the crossing of the Puyallup river b}- the emigrant road.
On Sunday, February 24th, William S. Northcraft, of Thurston county, in the
employ of the quartermaster of the volunteer forces, was killed about twelve miles from
Olympia, on his way to the fort on Yelm Prairie. Heretofore, the Indians had confined
their operations to the country northward of Steilacoom, between the Pu^'allup and
Snoqi:almic rivers, embracing the Green and White river country, and the vicinit}^ ot
Seattle. They now transferred themselves to the Nisqually region. The Indians in that
vicinity were commanded by Quiemuth and Ste-hi.
On the Tuesday following, the twenty-sixth, Wesley Gosnell started for the Nisqually
bottom with fifteen friendly Indians from the Sqiioxin reservation as scouts.
On the 27th of Februar}', the Central Battalion were ordered to move forward to the
IMuckleshoot Prairie, to co-operate with the regulars under Colonel Casey. But " this is
not intended either directly or indirectly to place you under the orders of Colonel Casej-,
578 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
nor to make your operations subordinate to his." En route to Muckleshoot, a blockhouse
to be garrisoned by ten men, was ordered to be erected at Porter's Prairie, and one also at
Camp Connell.
On Sunday, the 2d of March, William White, one of the oldest residents and most
prominent citizens of Thurston county, while returning from church on Chambers' Prairie
with his family, was killed by a small band of hostile Indians. Mr. White was walking
at the head of the horse, a little in advance, when he was shot and instantly killed. The
horse took fright at the firing and ran awa}', to which circumstance is attributable the
saving of the lives of the two estimable ladies who were accompan\ang Mr. White.
On the loth of March, a decisive engagement was fought on Connell's Prairie. IMajor
Hays reported the result of the action as follows: "At about eight o'clock this morning,
Captain White, with his company, was ordered to the White river to build a blockhouse
and ferry, supported b}' Captain Swindal and ten privates. He had not proceeded more
than half a mile from camp when he was attacked by a large Indian force, supposed to be
at least one hundred and fifty warriors and a large number of squaws. I immediately
ordered Captain Henness to his support with twenty men. Captain Henness moved with
great rapidity, a tremendous volley of guns announcing his arrival. I became satisfied
that an additional force was necessar}', and dispatched Lieutenant ]\Iartin of Company B,
with fifteen additional men. The Indians by this time were seen extending their flank to
the left with great rapidity. I then ordered Lieutenant Van Ogle, Company B, with
fifteen men, to check their flank movement; but, before he could gain a position, they had
so extended their line as to make it necessary to send another party of twelve men under
command of Captain Rabbeson, who succeeded in checking them. The fight by this time
extended the whole length of our line; and one continuous volley could be heard from the
Indian guns on the hill and those of our men in the bottom. This firing continued some
two hours. I saw the advantage which the Indians had in position, and determined to
charge them. I ordered Captain Swindal to charge them from his position, which was
central, and Captain Rabbeson to make a simultaneous move against their extreme left;
while Captain Henness and Captain White were ordered to hold the position which they
occupied.
" This order was promptl^^ obe3^ed, and the charge made in the most gallant st3de by
Captain Swindal against their center, and Captain Rabbeson against their left, through a
deep slough, driving the enemy from their position and pursuing them some distance in
their flight. Captain Rabbeson returned to camp ; while Captain Swindal occupied a high
ridge in the rear of the main body of the Indians. I ordered Captain Rabbeson to join
Captains Henness and White, and direct Captain Henness to charge the Indians if he
deemed it advisable. The Indians in front of Captains White and Henness were in
strong position behind logs and trees, and upon an elevation. It was deemed too
dangerous to charge them in front. Captain Rabbeson was ordered to join Captain
Swindal, make a flank movement to the right, and charge the eneni}- in their rear. This
order was gallantly obeyed. Simultaneously with this movement. Captains Henness and
White charged them in front. The Indians were routed, and were pursued for a mile
or more along a trail covered with blood. It is believed that not less than t\vent\--five
or thirty w^ere killed, and as many wounded. They had been seen carrying ofi" their
wounded and dead from the time the fight commenced until it terminated. Withes and
ropes were found on the ground they occupied, which had been used in dragging off their
dead into the bush. Hats, blankets and shirts were picked up with bullet holes in them,
MAJOR HAYS RESIGNS HIS COMMAND. 579
stained with blood. They were forced to give up their drum, which they abandoned in
their retreat. But two Indians were found dead on the field, one of whom was recognized
as Chehalis John. The other was placed under a log, and has not yet been examined.
The Indians had together their whole force. They picked their own ground. They
brought on the attack without being seen by our troops. I regard the victory of this day
as complete, — a grand triumph. They exceeded us in numbers nearl}^ if not quite two to
one ; and we whipped and drove them before us. We had four men wounded, all of whom
will soon get well."
On the 14th of March, the Indians attacked Captain White's Pioneer Company, while
at work on the blockhouse on White river. Company C, Captain Henness, were on guard
at the time, one man of which compau}^ was severely wounded.
Everything now indicated that the Indians were disheartened, and were separating
into small parties. Major Hays wrote on the 24th of March : " The Indians are evidently
much alarmed, and are flying before us as rapidly as possible, leaving behind their poor
horses, five of which we have taken. I should judge them to be in a starving condition
from the fact that we have found a number of their horses killed for food."
On the loth of April, 1S56, Major Hays resigned his commission in the volunteer
service, ^'^er3' soon thereafter, B. F. Shaw was elected lieutenant-colonel.
On the 1 2th of Alarch, Captain Maxon of the Southern Battalion, having arrived
with his command of fifty-four men, was ordered to detach twenty-five men to escort a train
to Fort Connell, and to scout with the remainder of his company up the right bank of the
Des Chutes river, by way of Chambers' and Tenalquott Prairies, and to return bj^ way of
Gravelly Prairie. His general field of duty was defined to be to scout the country between
the Des Chutes and the Puyallup.
Certain persons who had intermarried with squaws, such squaws having been members
of tribes then hostile, and the husbands being discharged employes of the Hudson's Bay
Company, in consequence of suspicions that they had harbored and were harboring the
hostiles, and had furnished information and afforded supplies to them, as also from the fact
that they had without molestation continued to dwell in the vicinity of those Indians who
were in arms, when it was impossible for any American even to pass through that section
of country, had prompted Governor Stevens to order those persons into Nisqually and
Steilacoom. Those suspects were also informed that if they returned to their claims they
would be regarded as enemies. It is alike unnecessary to express an opinion as to the
authorit}' of the executive to make such an order, or to pass upon the guilt of the parties
suspected. That the motive of bringing them in was good will not be denied; and that
circumstances appeared to corroborate the suspicions ma}^ well be conceded. Captain
Maxon was ordered to visit the claims of those parties, and, if the banished parties
returned, to watch them and bring them in.
Captains Maxon and Achilles left McLeod's on the 29th of March, and proceeded up
Nisqually river. On the thirty-first, the\' overtook Indians beyond Olalle}' Lake. They
here took Chuckmose, and two women with children, prisoners. Of two other Indians
who attempted to escape, one was killed and the other taken prisoner. From the prisoners
it was learned that a small band with a number of horses were encamped on the Owhop
river. At that point, eleven horses and two colts were captured; but the Indians had
recentl}- fled. On the ist of April, Captains Maxon and Achilles pushed forward to the
forks of the Nisqually and [Michael. At length the presence of the hostiles was
ascertained. The woman who had been taken prisoner was sent forward to engage in
O.S(» HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
conversation, while the volunteers surrounded the Indian camp. A portion of the troops
had crossed the river before the attack was made; and the men crawled up to within
twenty feet of the ranch containing the Indians. The surprise was so complete that but
one hostile gun was fired. After the first fire, the Indians jumped into the stream with a
view of gaining the opposite side ; but they were here met by the party who had crossed
the river. Three were killed in the stream, and t-\\'o in the forks below. One of the killed
was a prominent Indian leader known as Sk3'-skie. About noon, a small party were sent
out to reconnoiter, and to cross the Michael at its mouth ; while the company itself crossed
the Michael about a mile above, in search of a trail to the encampment of the hostiles,
called by the prisoners Jim's camp, where it was represented that a great number of
horses had been collected. Before the crossing was effected, a part}^ of Indians, five or six
in number, were discovered crossing on a log. They were fired upon by the advance guard.
One was killed and another wounded. The others escaped by the stream. The
detachment at the forks was apprised of the presence of the Indians by one jumping into
the stream and heading for the opposite side. He was fired upon and killed. The next
day the command returned to McLeod's, where they arrived on the 3d of April. On their
way they seized and .sent in as prisoners Charles Wren, John McLeod, L. A. Smith and
others, discharged Hudson's Bay Company employes, Red river half-breeds and Canadian
French who were married to Indian wives, and who were suspected of communicating with,
furnishing supplies to, and harboring, the hostiles.
The events which followed those arrests were of so important a character as to render
it necessary to i^efer to the causes which were alleged as justifjnng the extraordinary
subsequent proceedings of Governor Stevens. As early as March 2, 1856, it had been
determined to order to Fort Nisqually "certain settlers, with their families, whose further
continuance upon their farms was deemed incompatible with the public safety or interest."
Dr. Tolmie, a chief factor of the Hudson's Bay Companj-, in charge of that post, was desired
to detain them, to keep an account of necessary supplies fiirnished to them, to observe
their conduct, and to prevent any communication between them and the hostile Indians.
On the Sth of March, Isaac W. Smith, then acting as secretary of the territory in place
of Charles H. Mason, who had gone to Washington City, had been sent to those
settlements (mostly in Pierce county), composed of French Canadians and half-breeds,
mau}^ of whom were discharged employes of the Hudson's Ba^- and Puget Sound
Agricultural Companies. IMost of those persons were married to, or living with, Indian
women, — some few to half-breed women. Pursuant to his instructions, Mr. Smith ordered
several of those families into Nisqually ; but they were permitted, when so preferring, to
go to Steilacoom. Suspicious against those persons were undoubtedly justified, not only
on account of their marital relations, but also from the fact that they could dwell in
perfect safety in a section of countr}' which no American dared visit. The hostiles
were known to visit their homes. There were reasons justifying the belief that the
Indians could and did, by threats or persuasion, obtain supplies ; and Indian testimou}-
even charged several of them with having furnished ammunition to the hostiles. Public
policy, and the interest of the territory, seemed to dei:iand the removal of those persons
from the seat of war, and from proximit}' to the hostiles; and no fault can justly be
found with the manner in which their removal was sought to be efifected.
In the latter part of March, Captain Maxon, when scouting through that region,
found that those suspects had returned to their places in the hostile country. He
caused them at once to be brought into Olympia. On the 31st of March, Governor
HON. EUGENE SEMPLE,
WABH.TER.
MARTIAL LAW IN PIERCE AND THURSTON COUNTIES. 581
Stevens sent Captain Alaxou's prisoners under a volunteer guard to Fort Steilacoom.
Lieutenant-Colonel Casey, U. S. Army, commanding that post, received them, and placed
them in the guardhouse.
On the 2d of April, 1S56, Governor Stevens issued a proclamation of martial law
over the county of Pierce, and inclosed a copy of the proclamation in a letter of that date
to Colonel Casey. This letter alleged that the design of the proclamation was to prevent
the taking from that officer, "by civil process, habeas corpus, or otherwise," the prisoners in
, 's custody. What is most singular. Colonel Casey was requested to suppress the
proclamation, or not put it in force until civil process had been .served upon him. On the
night of April ad. Governor Stevens was informed by an express that Colonel William H.
W'allace and Frank Clark had been retained by the prisoners as counsel, and that those
attorneys had gone to Whidby's Island to apply for a writ of hahras corpus, to be made
returnable before Associate Justice Francis A. Chenoweth, Judge of the courts of the
third judicial district. Colonel Casey replied, April 3, 1S56, requesting to be relieved of
the charge of the prisoners. He expressed doubt whether the proclamation of Governor
Stevens would relieve him of the necessity of obeying a writ of habeas corpus. The
proclamation of martial law over Pierce county was at once published, bearing date
April 3, 1S56.
The proclamation alleged as the causes for its issuance : " In the prosecution of the
Indian- war, circumstances had existed affording such grave cause of suspicion that certain
evil-disposed persons of Pierce county had given aid and comfort to the eneni}-, and had
been placed under arrest and ordered to be tried by a militar}^ commission ; and that
efforts were then being made to withdraw by civil process those persons from purview of
the said commission." It then proclaimed martial law over the county of Pierce, and
suspended the functions of all civil officers in the county. Had a military commission
to try those persons been ordered ? If so, it too had been abrogated and suppressed. A
careful inspection of the records of the office establishes that the order under which a
militar}^ court was detailed for the trial of those parties emanated from the governor. May
16, 1856, a date more than six weeks after the proclamation of martial law had asserted
the existence of such an order. Nor was the suspension of that writ essential to confer
jurisdiction upon a militar}- commission ; nor would it help such a tribunal to perform an
unlawful act. The criticism of Governor Stevens' official acts will not go further than
to furnish a candid view of the condition of affairs at that time. Lieutenant-Colonel
Casey, in command of Fort Steilacoom, had three companies of United States troops. The
forces of the territory, consisting of the Central and Southern Battalions, were engaged in
scouting the whole country. The hostile Indians were disintegrated, were breaking up
into small parties, and were disheartened. After the decisive action of Connell's Prairie
on the loth of March, 1856, there never had been another general fight between the
hostiles and the troops in either service. All the reports of the different scouts to
territorial headquarters indicated that the Indians had separated into small bands, were
avoiding the troops, were thoroughl_y demoralized, and that many had escaped across the
mountains. Assuming that the conduct of those parties had rendered them liable to
suspicion by the authorities, yet there was no real cause at that time to justify the
subversion of the civil law to the military, and for the degradation of the judiciary.
While it is notorious!}' the fact that, xmtil the discharge of those persons and the
departure of the volunteers under command of Lieutenant-Colonel Shaw for a campaign
against the Indians east of the Cascade Mountains, the history of the period of martial
582 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
law is almost a full narrative of the proceedings of the territorial forces. A brief statement
of the events in their order must suffice.
The proclamation continued in force on the 5th of May, the lirst Monday of the
month, the time fixed by a law of the territory for holding the district court of Pierce
county. The illness of Judge Chenoweth, Judge of that court, caused him to request
Hon. Edward Lander, Chief Justice of the territory, to hold that term of court. On the
first day of the term, the court was opened in due form of law. A patriotic desire of Judge
Lander (himself a captain of a company raised for the defense of the territory) to co-operate
with the territorial authorities induced the chief justice to suspend the court for that day,
to enable, as he requested, the governor to withdraw his proclamation. The governor had
the volunteers to sustain him, and he declined. To Judge Lander was left the only
alternative. He had but one duty to perform ; and that was to hold the court as
required by law. On the 7th of May, after conferences with the governor and officers
had failed, he opened the court. A few minutes thereafter he was forcibly removed from
the Bench by the territorial volunteers under command of Lieutenant-Colonel Shaw ;
and he and the clerk, together with the records of the court, were taken out of the county,
and removed to Olympia. On the ninth, Judge Lander was informed that he was no
longer a prisoner. On the tenth, John M. Chapman, the clerk, was notified that he was
at liberty.
On the 1 2th of ]\Iay (the second Monday of the month), the term of the district
court of the county of Thurston, in Judge Lander's own district, commenced. On that
day, three of the prisoners in the custody of the governor applied to Judge Lander at
his chambers for a writ of habeas corpus. It was issued, of course ; nay, it could not be
denied. It was made returnable on Wednesday, May 14th. The marshal served the
writ on Monday evening. During that night, martial law was proclaimed in Thurston
county. The alleged cause for it was " that the writ of habeas corpus was issued to
prevent the trial of the pevsons seized, which trial had been ordered to take place on the
20th of May." On the morning of the 13th of May, a company of volunteers rode into
town, and placed a cannon in front of the courthouse; and, though none of the soldiery
entered the courtroom, yet they were on duty at the governor's office immediately opposite
the courthouse door. In defiance and contempt of the writ, the persons at whose instance
the habeas corpus was issued were taken by a guard out to Camp Montgomer}-, — out of
the county of Thurston. On the fourteenth, court still proceeded; and, the governor
failing to appear at the judge's chambers, a rule for a writ of attachment was taken,
returnable on the 15th. On that day the attachment issued. The marshal charged with
its service was resisted; and Judge Lander and his clerk were arrested by a company of
volunteers, commanded by Captain Bluford Miller of Oregon. The clerk was not detained
in custody ; but Judge Lander, refusing to suspend the court during the pending of the
proclamation of the executive, was sent a prisoner to Camp Montgomery in Pierce county,
where he continued until his release upon May 26, 1856.
On the 23d of May, Judge Chenoweth, having recovered, reached Steilacoom and
granted two several writs of habeas corpus.^ directed to Colonel Shaw, one ordering him to
produce the body of Judge Lander, and abide the decision of the court as to his right to
retain him in custody, and the other relating to three of the prisoners, returnable May 24,
1856. That day had been fixed for admiralty proceedings. Anticipating an attack on the
part of the executive, as his proclamation of martial law had not been revoked, the court
very wisely summoned a sufficient number of bailiffs to protect its dignity. Judge
DISCHARGE OF WREN, McLEOD AND OTHERS. 583
Chenoweth also called upon Lieutenant-Colonel Casey, commanding at Fort Steilacoom,
for aid should it be required. Colonel Casey declined, but visited Lieutenant Curtis, who
was in command of the detachment of volunteers charged with the duty of seeing martial
law enforced, and who had been ordered to arrest Judge Chenoweth should he persist in
holding court. It was the intention of Colonel Casey, if he could not dissuade that officer,
to have addressed the volunteers. The commendable conduct of Lieutenant Curtis made
the latter step unnecessar}-; and the session of the court was not disturbed. Colonel
Shaw failing to answer to the writs of habeas corpus, an attachment was issued, the judge
giving a lengthy opinion, in which the acts of the executive were freely commented upon
and censured.
On the 26th of May, proclamations revoking martial law were posted and published.
That evening Colonel Shaw was arrested upon the attachment. On the morning of the
twenty-seventh, by written request of Governor Stevens, the hearing upon the writ was
fixed at the November term, 1S56, of the Pierce county district court. The reason for this
delay was that the expedition into the Yakima country, of which Colonel Shaw was
commander, had been organized and was about to start.
The result of the trial b}^ the military commission of the suspected persons may be
interesting in this connection. The court convened at Camp Montgomery on the 20th of
May. On the 23d of May, they decided that the offense charged, being "aiding and
comforting the enemy," constituted the crime of treason, which could not be tried by a
military court. The court adjourned until May 26th, at which time the judge-advocate
preferred amended charges. A plea to the jurisdiction was made by the accused, and
argued orally by their counsel, but was overruled. The parties pleading not guilty on
the 2Sth of May, the judge-advocate advised, "that the further prosecution of the charges
against the accused involved the absence of many valuable officers from the command of
the troops, and was therefore seriously interfering with military operations; and, as
martial law had been abrogated, that no further proceedings be had against the accused by
the court, but that the}- be turned over to the civil authorities." The court so ordered.
The governor, who ordered the trial, approved the proceedings.
On the 29th of ^lay. Captain de Lacy, a member of the military commission, swore
out a warrant for the arrest of three of the suspected persons, to answer the charge of
" giving aid and comfort to the Indians, with whom the United States were at war," which
complaint was investigated by James M. Bachelder, then U. S. commissioner for that
district, ht the close of the examination, the acting United States district attorney moved
the discharge of one of the defendants. The others were discharged b}^ the United States
commissioner on the next morning. The evidence and all the proceedings were published;
and it must be a matter of regret that the termination of this matter affords so little
justification for the violence and injustice used against the persons who were driven from
their homes, and branded in times of deep discouragement with being traitors. The
outrage upon the constitution and the law, and the humiliation of the judiciary, are
graver matters; and, as the actors in this travesty on justice stand most condemned, by
direct reference to the record detailing the facts, further reference to the subject is needless.
Governor Stevens was shortly afterwards fined by the judge of the second judicial district
for contempt of court in refusing to obey the writ of habeas corpus.
The sequel is easily told. The conduct of Governor Stevens was most freely discussed,
and those acts made the subject of comment. The majority of the people sustained him.
His immediate friends and supporters likened the matter to the fining of General Jackson
584 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
at New Orleans by Judge Hall. There were many who gave utterance to the thought,
that the mantle of that distinguished chieftain had descended to and clothed the hero, who,
with a regiment of volunteers at his call, had for the time being overawed and overthrown
county courts, contemned their authority, and had twice refused to obey a writ of habeas
corpus. History does not require the further carrying out of the parallel. It may be
summed up in the respective judgments of Judges Hall and Lander. The former fined
General Jackson one thousand dollars. Governor Stevens was fined by the latter fifty
dollars.
On the 22d of May, 1S56, Colonel Shaw called a council of the officers of the
Southern and Central Battalions, then at Camp Montgomery. The council unanimously
decided that an expedition to the country east of the Cascade Mountains was necessary,
and assigned the following reasons : " The mounted volunteers having crossed the
mountains, the necessity of protecting the settlements west of the mountains, especially
the Puget Sound country, devolved upon the United States infantry commanded by
Lieutenant-Colonel Casey. Should the volunteers remain west of the mountains, they
assumed that Lieutenant-Colonel Casey would be obliged to go east of the mountains and
join Colonel Wright; and that, while infantry were best adapted to the service west of the
Cascades, the mounted volunteers could operate to advantage in the regions east. The
Yakimas were the leading element of the hostile party. Their main strength must be
broken before pursuing individuals or small parties. They asserted that, if Colonel
Wright did whip the hostiles with infantry, he could not follow them after a fight. If the
volunteers remained west of the mountains, they were powerless to check an enemy over
one hundred and fifty miles off. The volunteers must make a fight before going out of
service. Sufficient troops would still remain west of the mountains to protect the
settlements. It was necessary that depots of provisions should be established in the
Yakima country before the winter. The Indians west of the mountains had been
repeatedly defeated; whilst those east of the Cascades had never been checked."
Such were the conclusions of the volunteer council of war held at Camp Montgomery.
It is a matter of regret that, at that time (it does not matter upon whom the censure
should be cast), there existed a feeling of mistrust between the United States troops
operating in Washington Territorj', and the territorial volunteer forces. Many at that
time (the officers of the regular army without exception) contended that, since early in
1856, volunteers had not been required for the protection of the settlements in the vicinity
of Puget Sound. And the reason assigned by that council of war, " that the volunteers
must make a fight before going out of service," was the concession by that organization that
a campaign east of the mountains and a battle with the hostiles were essential to justify
the policy of the executive in having so long maintained the volunteer force as a separate
organization. In this connection, it is proper to remark that, on the 15th of March, 1S56,
Colonel Casey, U. S. Army, had made a requisition on Governor Stevens for two companies
of volunteers, stating in such request that, with that force and the United States troops
under his command, he could protect the frontier without the assistance of the territorial
volunteers. That requisition was not complied with. On the ist of June, Colonel Casey
had again informed the governor that he had regular troops enough to give protection to
the inhabitants of this portion of the territory. At the same time, Colonel Wright,
U. S. Army, with a large force of troops, was conducting a campaign in the Yakima
country. The Indians west of the mountains had been whipped. East af the mountains,
in the Yakima country, a truce had been agreed upon by Colonel Wright with the Yakima
/^'
>\
i\'
25'^^ir-'<?i-;.
HAMAN C.LEWIS,
CORVALLI S,OR.
ALFRED HOVENDEN,
HUBBARD, OR .
GEO.F. HERBERT,
DALLES. OR.
MRS. E. A. GATES,
DALLES, OR
CAMPAIGN OF COLONEL SHAW EAST OF THE CASCADE MOUNTALMS. 585
and other hostile tribes. Governor Stevens maintained with equal pertinacity the positions
assumed by him. The people of the territory, jealous of the reputation of its gallant
volunteers, justly indignant at the cruel slanders which General Wool had uttered against
them, ardently and most justifiably coveting revenge and retribution upon the Indians
who had without provocation commenced this war by the treacherous murder of many of
their fellow countrymen, with almost entire unanimity approved the expedition conducted
by Lieutenant-Colonel Shaw east of the Cascade Mountains into the country of the
hostiles, against those tribes who not only had been hostile, but were at the time harboring
Leschi, Ouiemuth, Nelson, Kitsap and the chieftains who had committed the massacres
on Puget Sound.
Lieutenant-Colonel Shaw crossed the Cascade Mountains by the Nahchess Pass and
camped on the Wenass on the 20th of June, having lost but one animal. He there sent
out scouting parties, who encountered no hostile Indians, but found the camp of Colonel
Wright, U. S. Army, on the Upper Yakima, with eight companies of regulars. That
officer had a short time before held a council, but had failed to make a treaty. A number
of Yakima chiefs had been present, as also Leschi, Kitsap and Nelson of the Puget Sound
hostiles. Lieutenant-Colonel Shaw's expedition moved forward down the Wenass to near
its mouth, thence over the Atahnam and Nahchess to the big bend of the Yakima, thence
directly across the country- to the Columbia river at the mouth of the Umatilla, some
twenty -five miles below Fort Walla Walla. On the 30th of June, two canoes manned by
four Indians were observed. Upon being ordered to come in by Colonel Shaw, they
refused, and wei'e fired upon, though at a distance of five hundred 3'ards. The Indians
abandoned one canoe, which a volunteer swam to and brought in. The Indians made their
escape unhurt. Lieutenant-Colonel Shaw gives as his reason for crossing the Yakima
country without delay, that both Colonels Wright and Casey, U. S. Army, had informed
him that they had ample forces for the protection of the Yakima region and the settlements
west of the mountains. Everything indicated, at that time, that the regulars in the field
repelled the assistance of the volunteers, believing their presence entirely unnecessar}-.
About that time. Governor Stevens had proposed a joint operation of the volunteers
and regulars for a campaign into the Yakima country, the volunteers to cross over the
Snoqualmic Pass, and the regulars by the Nahchess Pass. Colonel Casey declined the
joint campaign, and sent two companies of infautr}^ by way of The Dalles, to reinforce
Colonel Wright. Captain W. W. de Lacy, having returned from a reconnaissance of the
Snoqualmic Pass, reported its impracticability at this season, on account of the great
delay it would occasion to the crossing of wagons. The Nahchess Pass was adopted, and
the Snoqualmic route abandoned. Messrs. Coffee and Sharp, two of the volunteers,
successfully carried an express to the camp of Colonel Wright, apprising him of the
projected movement of the volunteers. Lieutenant-Colonel Shaw marched from Camp
Montgomery on the 12th of June, with a force consisting of four companies of the Central
and Southern Battalions, Majors Blankenship and ]\Iaxon, viz.: Company C, Captain
Henness; Mounted Rifles, Major Maxon; Company D, Lieutenant Powell; and Company
J, Captain Miller, — numbering one hundred and seventy-five officers and men. Captain
C. H. Armstrong accompanied as quartermaster and commissary of the expedition, and
was in charge of one hundred and seven pack animals and twenty-seven packers. The
companies of Captains Goff and Williams being full}^ recruited on the Columbia river,
and numbering one hundred and fifty-six men, rank and file, left The Dalles on the
22d of June, with orders to join Colonel Shaw at Walla Walla. A train of fortj^-five
586 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
wagons aud thirty-five pack animals accompanied in charge of A. H. Robie, quartermaster
and commissar}'.
In the early part of July, the Nez Perces evincing a hostile disposition, Lieutenant-
Colonel Shaw went among them, held a conference and received from them assurances of
peace. The preliminaries were arranged for a general council to be held with the Nez
Perces, Spokanes and other Indians who had not heretofore acted with the hostiles.
On the 9th of July, the two expeditions came together on ]\Iill creek, in the Walla
Walla countr}', excepting Captain Golf's detachment of sixty-eight men. He had
separated from the train on tlie Umatilla river on the 6th of July, to reinforce Major
Layton of the Oregon Volunteers, who had informed Captain Gofif that he had overtaken
a large band of Indians, at the head of John Day's river, too numerous for him to attack
prudently. Captain Golf's force reached Layton's camp on the ninth; but the Indians
had a few hours previously retired. The two commands followed up John Day's river to
Red Bluff without encountering Indians. Captain Goff, being severely ill, sent forward
Dieuteuant Hunter and twenty-eight men to join Major Layton with his force of forty-five
men. Captain Goff followed two days later, and, on the 17th of July, overtook Major
Layton and Lieutenant Hunter on Burnt river. On the fifteenth, which was the day
Major La3'ton and Lieutenant Hunter had reached Burnt river. Second Lieutenant Eustus,
Company N, and privates Smith and Richardson of Company K, proposed going to an
adjacent hill to reconnoiter. Before reaching the summit, they were fired upon from an
ambush. The two former were instantl}' killed; but the latter made his escape into camp.
Hearing the firing in camp. Lieutenant Hunter, with ten men, marched to their relief,
drove the Indians from the hill, and recovered the bodies of Eustus and Smith. The
Indians that night surrounded the camp to prevent expresses being sent out, and in the
morning were still on three sides of the camp. Firing continued until three o'clock, one
private, James Cheney, Company K, being wounded. Lieutenant Hunter then charged the
Indians, killing three, wounding one, and killing a horse. Major Layton then joined his
force to Lieutenant Hunter's party; and the firing was renewed, lasting until six o'clock,
four more Indians being slain. The Indians retreated during the night. On the
eighteenth, the command left Burnt river, struck the emigrant road, and reached the camp
on Mill creek on the 25th of July.
To resume the operations of the main expedition under Lieutenant-Colonel Shaw:
Having strengthened the post on Mill creek, and secured the services of a Nez Perce chief
(Captain John) for a guide. Colonel Shaw, with one hundred and sixty men and officers,
and a pack train with ten days' rations, left Mill creek on the night of the 14th of July for
Grand Ronde, where they arrived on the evening of the sixteenth. His official report
thus stated the operations of his command :
" On the morning of the seventeenth, leaving Major Blankenship of the Central, and
Captain Miller of the Southern, Battalion, assisted by Captain de Lacy, to take up the
line of march for the main valley, I proceeded ahead to reconnoiter, accompanied by Major
Maxon, Michael Marchmean, Captain John and Dr. Burns. After proceeding for about
five miles, we ascended a knoll in the valley, from where we discovered dust arising along
the timber of the river. I immediately sent Major Maxon aud Captain John forward to
reconnoiter, and returned to hurr}' up the command, which was not far distant. The
command was instantly formed in order. Captain Miller's company was in advance,
supported by Maxon's, Henness' and Powell's companies, leaving the pack train in charge
of the guard under Lieutenant Goodwin, with a detachment of Gofif's company under
CAMPAIGN OF COLONEL SHAW EAST OF THE CASCADE MOUNTAINS. 587
Lieutenant Wait, and Lieutenant Williams' company in reserve, with orders to follow on
after the command. The whole company moved on quietly in this order until within half
a mile of the Lidian village, where we discovered that the pack train had moved to the
left, down the Grand Ronde river. At this moment, a large bod}' of warriors came
forward, singing and whooping, one of them waving a white man's scalp on a pole. One
of them signified a desire to speak. Whereupon I sent Captain John to meet him, and
formed the command in line of battle. When Captain John came up to the Lidians, they
cried out to one another to shoot him. Whereupon he retreated to the command; and I
ordered the four companies to charge.
" The design of the enem}' evidently was to draw us into the brush along the river,
where, from our exposed position, they would have the advantage, they no doubt having
placed an ambush there. To avoid this, I charged down the river towards the pack train.
The warriors then split, part going across the river, and part down towards the pack train.
These we soon overtook and engaged. The charge was vigorous and so well sustained
that they were broken, dispersed and slain before us. After a short time, I sent Captain
Miller to the left, and Major Maxon to the right, the latter to cross the stream and cut
them off from a point near which a large body of warriors had collected, apparently to
fight; while I moved forward with the commands of Captain Henness and Lieutenant
Powell to attack them in front.
" The major could not cross the river; and, on our moving forward, the enemy fled
after firing a few guns, part taking to the left, and part continuing forward. Those who
took to the left fell in with Captain Miller's compau}', who killed five on the spot; and the
rest were not less successfiil in the pursuit, which was continued to the crossing of the
river, where the eneni}- had taken a stand to defend the ford. Being here rejoined by
Captain Miller, and by Lieutenant Curtis with part of IMaxon's company, we fired a volley;
and I ordered a charge across the river, which was gallantly executed. In doing this,
private Shirlej' Ensign, of Henness' company, who was in the front, was wounded in the
face. Several of the enemy were killed at this point. We continued the pursuit until the
enemy had reached the rocky canons leading towards Powder river, and had commenced
scattering in every direction, when, finding that I had but five men with me, and that the
rest of the command were scattered in the rear, most of the horses being completelj'
exhausted, I called a halt and fell back, calculating to remount the men on the captured
horses, and to continue the pursuit after night.
" I found the pack train, guard and reserve encamped on a small creek not far from
the crossing, as I had previously ordered them to do, and learned that a body of the enemy
had followed them up all day, had annoyed them, but had inflicted no damage beyond
capturing many of the animals which we had taken in the charge and left behind.
" I learned, also, that Major Maxon had crossed the river with a small part}', that he
was engaged with the enemy, and wanted assistance. I immediately dispatched a
detachment under Lieutenants Williams and Wait, sending the man who brought the
information back with them as a guide. They returned after dark without finding the
major, but brought in one of his men, whom they found in the brush, and who stated that
one of the major's men had been killed, and that the last he saw of them they were
fighting with the Indians. At daylight, I sent out Captain Miller with seventy men, who
scouted around the whole valley, without finding him, but who, unfortunately, had one
man killed and another wounded while pursuing some Indians. I resolved to move camp
next day to the head of the valley, where the emigrant trail crosses it, and continue the
588 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
search until we became certain of their fate. The same evening, I took .sixtj' men under
Captain Henness, and struck upon the mountain and crossed the heads of the canons to see
if I could not strike his trail. Finding no sign, I returned to the place where the major had
last been seen, and there made search in different directions, and finally' found the bodj' of
one of the men (Tooley), and where the major had encamped in the brush. From other
signs, it became evident to me that the major had returned to the post by the same trail he
had first entered the valley.
" Being nearly out of provisions, and unable to follow the Indians from this delay, I
concluded to return to camp, and recruit for another expedition in conjunction with Captain
Golf, who had, I presumed, returned from his expedition to John Day's river.
" I should have mentioned previously, that in the charge the command captured and
afterwards destroyed one hundred and fifty horse-loads of lacamas, dried beef, tents, some
flour, coffee, sugar and about one hundred pounds of ammunition and a great quantity of
tools and kitchen-ware. We took also about two hundred horses, most of which were shot,
there being but about one hundred serviceable animals.
" There were present on the ground from what I saw, and from information received
from two squaws taken prisoners, about three hundred warriors of the Cayuse, Walla
Walla, Umatilla, Tyh, John Day and Des Chutes tribes, commanded by the following
chiefs: Stock Whitley, Sim-mis-tas-tas, Des Chutes, Tyh, Chick-iah, Plyon, Wic-e-cai,
Wat-ah-stuar-tih, Win-imi-swoot, Tah-kin, Ca5Uise, the son of Peu-peu-mox-mox, Walla
Wallam, and other chiefs of less note.
" The whole command, officers and men, behaved well. The enemy were run on the
gallop for fifteen miles; and most of those who fell were shot with the revolver. It is
impossible to state how man}^ of the enemy were killed. Twenty-seven bodies were
counted by one individual ; and many others we know to have fallen and been left, but who
were so scattered about that it was impossible to count them. When to these we add those
killed by Major Maxon's command on the other side of the river, we may safely conclude
that at least forty of the enemy were slain, and that many went off wounded. When we left
the valley, there was not an Indian in it ; and all the signs went to show that they had
gone a great distance from it.
" On the twent3'-first, we left the valley by the emigrant road, and commenced our
return to camp. During the night, Lieutenant Hunter of the Washington Territory
Volunteers came into camp with an express from Captain Goff. I learned, to my surprise,
that the captain and Major Layton had seen Indians on John Day's river, had followed
them over to the head of Burnt river, and had had a fight with them in which Lieutenant
Eustus and one private were killed, and some seven Indians. They were shaping their
course for the Grand Ronde valley, and had sent for provisions and fresh horses. I
immediately sent Lieutenant Williams back with all my spare provisions and horses, and
continued my march. On Wild Horse creek, I came across Mr. Files, a pack master, who
had been left in camp, and who informed me, to my extreme satisfaction, that Major
Maxon and his command had arrived safe in camp, and were then near us with provisions
and ammunition. These I sent on immediatel}- to Captain Goff".
" I learned that Major Maxon had been attacked in the valley by a large force of
Indians on the day of the fight, but had gained the brush and killed man}- of them; that
at night he tried to find our camp, and, hearing a noise like a child crying, probably one
of the captured squaws, had concluded that my command had gone on to Powder river, and
that the Indians had returned to the valley by another canon. He moved his position that
HENRY BOWMAN,
PENDLETON. OR.
CAMPAIGN OF COLOXEL SHAW EAST OF THE CASCADE MOUNTAINS. 580
iiiglit, and the next day saw the scout looking for liini, but in the distance thought he was
ane of a band of Indians hunting his trail. Conceiving himself cut off from the command,
he thought it best to return to this camp, thinking that we would be on our waj^ back to
Grand Ronde with provisions and ammunition. Surgeon's report of killed and wounded
in the engagement on Burnt river and the Grand Ronde on the 15th and i6th of Jul}-,
1856: Lieutenant Eustus, Compan}^ N, killed, residence Luckiamute, O. T. ; Daniel vSmith,
Company K, killed, residence French Prairie, Oregon; James Chene}-, Company K,
wounded in the thigh slightly, residence Oregon; Wm. F. Tooley, Company A, killed,
residence Cape Horn Mountain; Wm. Irven, Company A, killed, residence Vancouver,
W. T. ; Wm. Holmes, Compau}- K, killed, residence Thurston county, W. T. ; Thomas
Conio, Company A, dangerousl}' wounded, residence \^ancouver, ^^^ T. ; Shirley Ensign,
Company C, wounded in the nose and cheek; Wm. Downy, Company D, slightly wounded
in the knee with an arrow; T. N. Lille}-, Company J, forearm fractured and head cut by
an Indian with an empty gun."
This was the last action of the volunteers before their final disbanding, which
occurred on the 3d of October, 1S56.
Chapter LIV.
(1856.)
Campaign of the Regulars West of the Cascade Moiiiitaiiis — Condition of Puget
Sound, December, 1855 — Pacific Department Reinforced by the Ninth Infantry
Regiment — Two Companies Ordered to Fort Steilacoom — Lieutenant-Cohmel
Casey in command of Puget Sound District — Six Companies Ordei'ed to
Columbia River — Colonel George Wright in command of Columbia District —
Lieutenant-Colonel Casey Establishes a Blockhouse at Muckleshoot Prairie —
Killing of Kanaskat, the Hostile Chief — Fight with Indians at the Crossing of
White River — Requisition of Lieutenant-Colonel Casey on the Governor of
Washington Territory for Two Companies of Volunteer Infantry — Governor^
Stevens Declines — Expeditions to Stuck Prairie, Boise Creek and D'Wainisli
Lake — Exi)edition Under Captains Dent, Pickett and Fletcher to the Green and
Cedar River Country — Major Garnett's Command of Two Comiianies Ordered
to Join Colonel Wright East of the Cascades.
IN THE early part of 1856, the inhabitants of Puget Sound were in a condition of
discouragement and despondency. The hostiles infested the region from Green river to
within a few miles of Fort Steilacoom. South of that they were restricted to the towns 11
and blockhouses. Military operations had in great measure been suspended, because of
the features and condition of the country. From incessant rains, the streams had
swollen so as to become almost impassable ; and the roads were so muddy as to retard
the movement of troops, not to say to defeat operations entirel3^ Both regulars and
volunteers had been withdrawn from the outer sections, where the hostiles had their
haunts and hiding-places. In the main they remained in and around towns, prepared
to act upon the defensive, and occasionally to repel a hostile demonstration.
On the 3d of December, 1855, the order was given for the Ninth Infantry Regiment,
U. S. Army, to reinforce the Department of the Pacific. Of this regiment, two companies, |
Captains Pickett (i) and Guthrie, were to operate in the Puget Sound district, of which
Lieutenant-Colonel Silas Casey was the commanding officer, superseding Captain E. D.
Keyes. The remaining six companies were ordered to the Columbia district, of which
Colonel George Wright had become the commanding officer.
I
(i) George E. Pickett was born at Richmond, Virginia, January 25, 1S25. He died at Norfolk July 30, 1S75. He entered West Point as a cadet ii
from Illinois, and graduated iu the class of 1S46. He was commissioned second lieutenant of the Second Infantry Regiment, V. S. Army. March 3, ■
1S47. He was present at the siege of Vera Cruz, and in all the battles preceding the capture of the City of Mexico. He was transferred to the
Seventh Infantry July 13, 1847, and to the Eighth Infantry July iS, 1S47. He was brevetted a first lieutenant September S, 1S47, for gallant and i
meritorious conduct at Contreras and Churubusco, and captain September 13th, for gallant conduct at Chapultepec. He was commissioned captain
of the Ninth Infantry March 3, 1855.
He distinguished himself in the Indian war on Puget Sound in 1S56, and was afterwards stationed at Fort Bellingham. In 1S59. with sixty
men, he was detailed by General Harney, then commanding the Department of the Columbia, to occupy San Juan Island. Sir James Douglas sent
three British vessels of war to eject him. He forbade their landing, and threatened to fire if they attem'pted it. The admiral opportunely arrived ;
and a peace was patched np between that officer and General Scott, Commander-in-Chief of the United States Army. For his gallantry, the
Legislative Assembly of the territory unanimously accorded him a vote of thanks. He resigned from the United States Army June 25, 1S61, and
soon after accepted a commission from his native state (Virginia) as a colonel of the state forces. In February, 1862, he was made a brigadier-general
in General Longstreet's division of J. E. Johnston's army, then called " Potomac," but later the Army of Virginia. His brigade, in the retreat
before General McClellan in the Peninsula campaign, and in the Seven Days' Battles, was known as the " Game-Cock Brigaded" He was severely
wounded in the shoulder in the Battle of CJaines' Mills, June 27, 1S62, and continued out of the service until after the first Maryland campaign. He
was then made general of a division of native Virginians. At the Battle of Fredericksburg, he held the center, and made his name immortal in the
charge at Gettysburg, July 3, 1S63. In May, 1S64, he defended Petersburg. At Five Forks^his division received the whole force of the Union attack.
He retired to Richmond after the war, and devoted the balance of his days to life insurance.
( 500 )
KILLING OF KANASKAT, THE HOSTILE CHIEF. oOl
Lieutenant-Colonel Casey (i) with the two companies of the Ninth Infantry (Guthrie
and Pickett), arrived at Fort Steilacoom on the 29th of January, 1S56. The force at
Steilacooui was thereby augmented to four companies of infantry and one of artillery.
The first movement of Liei:tenaut-Colonel Casey was to establish a blockhouse at
Muckleshoot Prairie, making it his central position, and keeping the communication open
between it and Fort Steilacoom by the blockhouse and ferry at the crossing of the
Piiyallup. Lieutenant-Colonel Casey took the field in person on the 25th of February.
The command remained at the Puyallup blockhouse till the morning of the twenty-seventh,
when they marched to Lemmon's Prairie and camped. It was at this camp that Kanaskat,
the leading spirit of the hostile combination, met his death, as he stealthily approached
the camp of Lieutenant-Colonel Casey to assassinate that distinguished officer. Captain
Keyes was second in command, and was officer of the day. He has graphically described the
killing of Kanaskat by Private Kehl, of Company D, Ninth Infantry. Captain Keyes
had personall}- inspected all the surroundings of the camp, had located the posts at which
the picket guards were to be stationed, and had personally addressed the guards. He goes
on (2) :
" Private Kehl, with his two companions, went to the post assigned them. In the
morning, soon after five o'clock, Kehl was standing sentinel under the tree. It was before
daybreak. But the cooks had already lighted their fires; and the watchful soldier saw a
gleam of light reflected from the barrel of a rifle a hundred yards up the trail beyond the
bend. Then in a few minutes he saw five Indians in single file creeping stealthily down
the hill. The one in front was waving his right hand backward to caution the men who
followed him. Kehl stood motionless till the leader came nearly abreast of him. Then
with deliberate aim he fired; and the great chief Kanaskat fell. At the report of his shot,
I ran out to the bridge, where I heard Sergeant Newton, forty yards beyond, cry out,
' We've got an Indian !' He and another man were dragging him along by the heels.
The savage had received a shot through the spine, which paralyzed his legs ; but the
strength of his arms and voice was not affected. He made motions as if to draw a knife.
I ordered two soldiers to hold him ; and it required all their strength to do so. As they
dragged him across the bridge, I followed; and he continued to call out in a language I
did not understand. Some one came up who recognized the wounded Indian, and
exclaimed, 'Kanaskat.' ' Nawitka !' said he, with tremendous energy, his voice rising to
a scream, 'Kanaskat, tyee, mamelouse nica ! Nica mamelouse Bostons !' (Yes, Kanaskat,
chief kill me ! I kill Bostons ! ) He added, ' My heart is wicked towards the Whites, and
al\va3'S will be ; and 3-011 had better kill me !' Then he began to call out in his native
language, not a word of which could any of us understand. I ordered two soldiers to stop
his mouth; but the^^ were unable to do so. He appeared to be calling for his comrades.
Two other shots were fired from the pickets on the hill; when Corporal O'Shaughnessy,
(i) Silas Casey, Brevet Major-General, U. S. .\rniy, was horu at East Greenwich, Rhode Island, January 12, 1S07. He died at Brooklyn, New
York, January 22, '1SS2. He graduated from the West Point military academy in the class of 1826. and entered the Second Infantr>-. lie' was on
garrison duty 'till 1S36, being commissioned first lieutenant June 2.S,' JS36. He served under General Worth in the Seminole War fro'ni 1837 to 1842,
inthe meantime having become captain, July r, 1839. He served with great distinction in the war with Mexico, and was brevetted major August 20,
1S47, for gallant conduct at Contreras and Ch'urubusco. He was at Molino del Rey. While leading the assaulting column at Chapultepec, he was
severely wounded, and was brevetted lieutenant-colonel September 13, 1S47, The legislature of his native state also extended him a vote of
thanks' He received the appointment of lieutenant-colonel of the Ninth Infantn,-, March 3, 1855. During the years 1834-55, he served with great
satisfaction on the board upon breach-loading arms. On December 3, iS35,his regitnent was ordered to reinforce the Department of the Pacific; and. in
February, he arrived at Fort Steilacoom. He was commandingofficer of the district of Puget Sound during the years iS36-,39. On the 31st of August,
1S61, he was commissioned brigadier-general, and assigned to the charge of organizing volunteers near Washington City. Subsequently he was
assigned a division in General Keyes' corps, .\rmy of the Potomac. Commanding the eastern advance upon Richmond, he received the first attack
at Fair Oaks, May 31, 1862. For d'istinguished gallantry, he was brevetted brigadier-general, V. S. Army, and major-general of volunteers. From
i.S6;5 to 1S65, he served as the president of the board for the examination of officers to command colored troops. March 13, 1S65, he was brevetted
major-general, U. S. Army. July 8. 1868, he was retired from active service, and served on the retiring board at New York until .\pril 26, 1869. He
was the author of a system of iiifantry tactics, two volumes, published, 1S61, and infantry tactics for colored troops, published in one volume
in 1S63. During his service in Washington Territory, he endeared himself to all with whom he came in contact by his genial and affable
deportment, his conscientious devotion to dutj-, his zealous interest in the territory, and his earnest effort to restore peace.
(2J '■ I-^ifty Years' Observation of Men and F.vents," by General E. D. Keyes, page 256.
592 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
who was standing by, placed the muzzle of his rifle close to the chieftain's temple, blew a
hole through his head, and scattered his brains about."
Lieutenant-Colonel Casey left Lemmon's Prairie on the morning of March ist. At
about noon, he received a note sent by Lieutenant August V. Kautz, Fourth Infantry (i),
communicating the intelligence that he, Kautz, with his company, were at the crossing of
the White river, two miles above Muckleshoot, cut off from camp by a large body of
Indians in his rear, and that he had determined to hold his position. He had intrenched
his command within a mass of driftwood and dead timber collected upon the river bank.
At one o'clock, the Indians commenced firing from across the river into his camp,
wounding two of his men. Colonel Casey immediately detached Captain Keyes to go to
the relief of Lieutenant Kautz. Captain Keyes thus described the operations on that
day (2) :
" I took the Indian boy, who was only fifteen years old, as a guide. We pushed
forward with all possible speed a distance of eight or nine miles; but, instead of leading
me to the ford, the young rascal conducted me to a point half a mile belo\v, where the
contracted torrent was absolutely impassable. I called the boy to me and told him to show
me the crossing, or I would shoot him on the spot. He replied ' Nica cumtux ' (I know)
and led the wa}' through the -woods to a place where the river spread out to three times its
width below. I ordered the soldiers to fasten their cartridge boxes about their shoulders ;
and then we dashed in and passed over without accident, although the water, which was
icy cold, came up to the armpits of the small men, and ran like a millrace. Between the
water's edge and the bluff on the opposite side of the river was a grass-covered slope about
two hundred yards wide. The bluff on the bank was not high ; and it was so thickly
covered with trees and brush that not an enemy could be seen. I deployed my men as
skirmishers ; and Kautz, who had left the wood-pile, did the same ; and I ordered the whole
to gharge. The Indians fired a volley enough to kill every one of us ; but they aimed too
high, and only one man was struck ; and that was Lieutenant Kautz. A rifle ball passed
through his leg ; but I was not aware that he had been wounded until the battle was over.
After one discharge, the Indians ran ; and we pursued them through the woods half a mile,
at double-quick time, to the base of a steep hill, on the brow of which they made a stand,
and, with derisive epithets, dared us to come on. The slope of the hill for a distance of two
hundred yards was bare; and at the top were many large standing and fallen trees, which
afforded cover to the enemy and gave him a great advantage.
" Lieutenant David B. McKibbin of Guthrie's company. Ninth lufantr}^, was in line
with the front rank ; and, when half way up the hill, the savages arose with a whoop and
opened fire. Several soldiers fell; but McKibbin's gallantry encouraged the others, and
(i) August V. Kautz was born at Ispringer. Baden, January- 5, 1S2S. His parents settled in Brown county. Ohio, in 1S32. Young Kautz ser\'e(i
during the Mexican War, in the First Regiment of Ohio volunteers, and upon his discharge went to the West Point military academy, from whence
he graduated in the class of 1852. He was assigned to the Fourth Infantry as second lieutenant, and came to Washington Territory. In 1S55, he
was promoted to a first lietitenancy. He distinguished himself in the campaign upon the Sound, 1S55-56, in which he was wounded in a battle at
the crossing of White river. Surrounded by the whole force of the hostiles, with a mere skeleton company which he commanded, he stationed his
men behind driftwood and timber collected on the edge of the stream, sent word to Colonel Casey, who was some miles distant, and patiently waited
attack. On the approach of reinforcements, he left his improvised defense and joined in the charge. In this action (the last west of the Cascade
Mountains against the hostiles in force), he was severely wounded, but never made it known until tlie troops went into camp. In 1S57, he was
commended by General Scott for his conspicuous gallantry and devotion to duty. In 1S59-60 he traveled in Europe. In 1S61, on the breaking out
of the Rebellion, he was commissioned captain in the Sixth Cavalry, U. S. Army, in which capacity he served until about the close of the>6eveu
Days' Battles. Before the Battle of South Mountain, he had been transferred to the Second Cavalry, of which he was appointed colonel. On the 24th
of October, 1S64, he was brevetted major-general of volunteers. In March. 1S65, he was assigned to the command of a division of colored troops,
which he marched into the city of Richmond April 3d. Later he was brevetted brigadier-general, U. .S. Army, for gallant and meritorious service
during the war. In 1S66, he was appointed lieutenant-colonel of the Thirty-Fourth Infantry, and in June, 1S74, colonel of the Eighth Infantry,
V. S. Army.
He was the author of " The Company Clerk," published in I.S63, " The Customs of Service for Xou-Commissioned Officers, " 1S64, and "The
Customs of Ser\-ice for Officers," 1S66. In the Ct^utitiy Ma,Qa-:inr of October. 1SS8, he evolved a plan for the reform of the sen-ice. Instead of recruiting
in the big cities and making the shuns contribute the soldiery, he proposed that recruits should come froiu each congressional district throughout the
Union, proportionate to their population; that young men of character should pass an examination; and that garrisons should be schools of
instruction, and each enlisted man taught. If war should render necessary the calling out of volunteers, at these schools would be found educated
soldiers, competent at once to act as officers.
In the early days, when General Kautz served in the defense of our settlements, he made judicious investments, which now in his green old
age have made him wealthy.
{2) " Fifty Years' Observation of Men and Invents," page 258.
-t
s f^
DAVID MARSH,
COLFAX, W.T.
REQUISITION OF COLONEL CASEY FOR TWO VOLUNTEER COMPANIES. 593
not one flinched. I was at that moment just coming up the slope of the hill ; and we all
pressed forward, and in a short time our victory was complete. Our number engaged was
one hundred ; and we lost two killed and eight wounded. The smallness of the loss was
probably due to the bravery of the men, who rushed upon the Indians, disconcerting them ;
and fift}' of their shots went over our heads for every one that took effect." Closing his
official report, Captain Keyes remarked : " We have now the good fortune of having
completel}- routed the Indians. Our next difficulty will be to find them."
On the 5th of March, Captain Keyes, with one hundred and twenty men, was sent to
attack the main camp of the hostiles, which was six miles from Muckleshoot, towards
Porter's Prairie, in the middle of a dense swamp defended by a breastwork of logs with
loopholes. The Indians had, however, made their escape the night before. Captain
Keyes thus described the remaining service performed on that campaign : " We hunted
and pursued them almost without intermission night or da}' for two months over hills and
dales, through swamps and thickets. It rained more than half the time ; and the influence
of Mount Rainier and its vast, eternal covering of snow upon the temperature made the
nights excessively cold. The hardships of that campaign, in which the pluck of Kautz,
Suckley, Alendell and several others was so severely tested, caused me afterwards to regard
the seven daj^s' fight before Richmond as a comparative recreation" (i). In that action
of March ist, brought on b}' the cool determination of Lieutenant Kautz, and gallantly
finished by Captains Keyes, Kautz and McKibbin, the entire hostile forces west of the
Cascades were present. That defeat, together with the death of Kanaskat, their ablest
and most desperate leader in the Pnget Sound forays, broke the spirits of the Indians ; and
they from that time dissevered, scattered in small parties, hid themselves, crossed the
mountains, and joined the camps of the Yakimas.
On the 14th of March, Lieutenant-Colonel Casey was further reinforced by the arrival
of two companies of the Ninth lufantr}- (Captains Fletcher and Dent), under Major
Garnett (2), accompanied by Lieutenant George H. Mendell, as topographical engineer.
On the 15th of March, Colonel Casey addressed the governor of Washington Territory:
" I respectfull}- request that you will at once issue your proclamation calling into the
service of the United States two companies of volunteers to serve on foot, for the period of
four months unless sooner discharged, each company to consist of one captain, one first
and one second lieutenant, four sergeants, four corporals and seventy privates. I wish
both companies to be mustered into service at Fort Steilacoom. The authority for calling
for the above-named troops has been given by the general commanding the Department
of the Pacific.
" I received yesterday an accession of two companies of the Ninth Infantry. With
this accession of force, and the two companies of volunteers called for, I am of the opinion
that I shall have a suflBcient number of troops to protect this frontier without the aid of
those now in the service of the territory."
(1) " Fifty ^'ea^s■ observation of Men and Events," page 260.
(2) Robert Selden Garnett was born in Essex connty, Virginia, December 16, iSiq. He was killed in battle at Carrick's Ford, Virginia, July
13, 1S61. He graduated at West Point, class of 1S41, and was assigned to the artillery with the rank of second lieutenant. He was assistant
instructor in infantry tactics at the academy from July. 1S43 to October, 1844. He acted as aid to General Wool in i>^45. He served with distinction in
the Mexican War. lie was present at the battles of Palo Alto and Resaca de la Palnia, at which time he was promoted to a first lieutenancy. He
was brevetted captain and major for gallantry at Monterey and Biiena Vista. He was commissioned captain of itifantry in 1851, and was appointed
major of the Ninth Infantry March 27, iS5.>. 'He served with conspicuous gallantry in the Oregon-Washington Indian war in 1S56. both east and
west of the Cascade Mountains, and in the Clark-Wright campaign of 1S5S. At the breaking out of the Rebellion, he was traveling in Europe.
He immediately returned to the I'nited States, and resigned his commission in the armv. April 30, I^6I. He was appointed adjutant-general of
Virginia state troops, with the rank of colonel. On the 6th of June, 1S61. he was commLssioued brigadier-general in the Confederate service. On
the 13th of July, iS6r, when General Pegram had been surrounded in Western Virginia by General McClellan, and had attempted to retreat upon
Beverly, and was overtaken at Carrick's Ford on Cheat river, General Garnett took command of a detachment and attempted to retreat. His army
was routed, and he killed in the engagement. While in this territory, the then Major Garnett was one of the most popular and esteemed army
officers on duty in the Indian war.
594 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
To which Governor Stevens replied : " I have received your letter of the fifteenth
instant, advising me of an accession to your command of two companies of regulars, and
requesting me to issue my proclamation calling into the service of the United States two
companies of volunteers to serve on foot, for the period of four months, unless sooner
discharged. These companies you wish to be mustered into the service at Fort Steilacoom.
You also express the opinion that if this requisition be complied with, that you will have a
sufficient number of troops to protect this frontier without the aid of those now in the
service of the territory. I am also advised that you have been authorized to make this
requisition for troops by the general commanding the Department of the Pacific. You
have been informed by me not only of the volunteer force which had been called out to
protect the settlements, and to wage war upon the Indians, but of the plan of campaign
which I have adopted, of the positions which these troops occupy, and of the blows already
struck by them against the enem}-. I take it for granted that this information has been
communicated to General Wool, and has been considered by him in his official action. In
the two visits which I have made to Steilacoom to confer with you, one of them made at
a great personal inconvenience, I have waived etiquette in my anxious desire to co-operate
with the regular service. I have communicated unreservedly my plans and views, and
have endeavored, so far as my operations were concerned, to conduct affairs in a way to
insure the whole force operating as a unit in the prosecution of the war. I am happy to
say that, in our several interviews and communications, 3'ou have met me in the same
spirit of co-operation to the extent that the impression has been made upon my mind, that
such disposition had been made of the volunteers as, in your opinion, would make them an
efficient element in the general combination.
" Now youi requisition on me to issue my proclamation to call into the service of the
United States two companies of volunteers, in the connection with the expression of your
opinion, that, if the call were complied with, the services of the troops now in the service
of the territory may be dispensed with, is, in fact, a call upon me to withdraw all the
troops now in the field, with their sixty to eight}' days' provisions, to abandon the
blockhouses, to leave the settlements both north and south open to attacks of the
marauding Indians, and, at the verj' moment when our troops are prepared to strike a, and
perhaps the, decisive blow, to abandon the campaign and reorganize anew.
" Are you aware that in the patriotic response of the citizens of this territory to the
call of the executive, over one-half of our able-bodied men are bearing arms, that the
people are almost entirely living in blockhouses, and that it is entirely beyond the ability
of our citizens to form an additional company of fifty men ? The two companies you call for
can, therefore, not be raised except by withdrawing troops and abandoning the campaign
at the very moment when the prospects are flattering to end the war. For the reasons
above, it will be impossible to comply with your requisition. Nor can I suppose that, in
making the requisition, either Major-General Wool or yourself believed for a moment that
the requisition would be seriouslj- entertained by me. But I am of the opinion that, even
were the requisition complied with, your force would not be adeqiiate to the protection of
the frontier and the settlements. Having the highest respect for j-our opinion, knowing
how cautiously and carefully you approach any field of labor, and how thorough I}- j-ou
investigate it and reach your conclusions, I am constrained to express my judgment that
3?ou would soon be obliged to call for an additional force fully equal, in all, to the force
which has been called out by my previous proclamations. In such a case, I have no
alternative but to act according to my deliberate judgment; for if, waiving my own
judgment to yours, injury should result, the responsibility would attach to me no less than
EXPEDITIONS TO STUCK PRAIRIE, BOISE CREEK AND LAKE d'WAMISH. 595
to yourself. Otherwise, why is the militia organized, and the executive made its
commauder-in-chief ? It is to meet emergencies like the present. But were it practicable
to comply with your requisition, and were the.se requisitions in my judgment competent, I
should not deem it expedient to place the force thus raised under the command of the
officers of the regular service.
" The war has now been waged for five months. It is a war emphatically for the
defense of the settlements. So much so, that I have ordered to the Sound four companies
from the Columbia river; and at this critical period it is important that there should be no
changes in the command, nor in the plan of campaign. In view of this, and also in view
of the changes of opinion and of plan, on the part of the officer in chief command on this
coast, growing out of a want of proper understanding of the difficulties to be encountered,
I am of the opinion that the whole force will be more efficient, and that there will be a
better spirit of co-operation, if the regular and volunteer services are kept distinct. Be
this as it may, the campaign is, I trust, approaching its consummation ; and changes of
plan can only be fraught with mischief.
" The citizens of this territory have very great confidence in the officers of the
regular service ; and especially is this the case with the people of the Sound. These
relations have been more than cordial. These are the witnesses of the efficiency of the
troops stationed here ; and their gratitude has been announced on several occasions since
the organization of the territory. The force now in the field has not been mustered into
the service of the territory, but into the service of the United States. My authority, as
the highest federal officer of the territory, is derived from the same source as that of the
major-general commanding the Pacific Division. I am commissioned by the President ;
and I act under the authority of the laws of Congress, and the responsibilities of my oath
of office. For these reasons, your requisition cannot be complied with. iVt the same time,
you may rest assured of my doing everything in my power to co-operate with you ; and I
hope that, through the action of us all, the war may soon be closed, and the suffering
inhabitants of the territory be rescued from their present unhappy condition."
Lieutenant-Colonel Casey pursued his plan of operations, notwithstanding this refusal
of Governor Stevens, with renewed activity. Parties were detached for the purpose of
hunting the places of concealment and the haunts of the small bands into which the main
body of the Puget Sound hostiles had disintegrated. On the i8th of March, an expedition
was sent to Stuck Prairie, which attacked an Indian village and captured several Indians.
Another party went in pursuit of another hostile band on Boise creek. Another
detachment proceeded against the Indians camped on Lake D'Wamish. Captain
Gansevoort, of the U. S. sloop-of-war Decatur^ had been requested by Colonel Casey to
co-operate in the latter movement ; but he declined. Colonel Casey's expedition followed
up his purpose, which resulted in those Indians voluntarily coming in, giving themselves
up, and consenting to be placed on the reserve. The companies of Dent, Pickett and
Fletcher, under Major Garnett, made a march to Meridian Prairie May 13th, and from
thence scoured the whole country along both Green and Cedar rivers. The result was
that bands of Indians in any considerable number were not to be found. It had been
demonstrated that the marauders of Puget Sound had become fugitives ; that hostilities on
their part had ceased ; that no Indian enemy was in the field west of the Cascade
Mountains. On the 19th of ]\Iay, Lieutenant-Colonel Casey reported the war west of the
Cascade Mountains ended. On the 21st of May, Major Garnett, with his command of
Dent and Fletcher's companies of the Ninth Infantr}^, was ordered to join Colonel
Wright, then prosecuting a campaign on the east side of the Cascade range of mountains.
Chapter LV.
(1856.)
Campaign of Regulars East of the Cascade Mountains — General Wool's Instructions
to Colonel Wright — Attack on the Cascades — Massacre of Whites — Siege of the
Bradford Store at Upper Cascades — Gallant Defense of Middle Blockhouse by
Sergeant Kelly and Eight Men — Attack on Lower Cascades — Lieutenant Phil
Sheridan to the Rescue — Trial and Execution of Indians Engaged in Cascade
Massacre — Inhuman Massacre by Whites of the Spencer Family — Kamiakin's
Design in Stimulating the Uprising of Cascade Indians, and the Raid Upon the
Cascade Settlements — Peaceable Exciu'sion of Colonel Wright into the Yakima
Country — The Indians Avoid Him — Efforts of the Washington Territory
Volunteers to Co-operate with Colonel Wright — Peace in the Yakima Country
Announced — Governor Stevens' Attempt to Hold a Council With the Hostile
Tribes — Terms of the Treaty — Volunteers Attacked by the Hostiles — Steptoe
asks Governor Stevens and Volunteers to Return and Escort Him to the
UmatiUa — Colonel Wright Ordered by General Wool to March Into the Walla
Walla Country — He Delivers Leschi, Quiemuth, Kitsap, Nelson and Stehi to
Governor Stevens for Trial — Treaty of Peace With the Hostiles — General
Wool Annoiuu'es the War at an End in Oregon and Washington.
ON THE 29tli of January, 1856, General Wool, commanding the Department of the
Pacific, gave orders to Colonel George Wright ( i ) of the Ninth Infantry, commanding
the Columbia River district :
" As soon as the season will permit, preparatory for operations in the Indian country
east and north of the Cascade Mountains, you will establish the headquarters of 3'our
regiment at Fort Dalles, where all the troops intended for said countrj- will be
concentrated. The points which I intend as the base of operations are the Selah Fishery,
on the Yakima river, and some point in the neighborhood of Walla Walla. It is my
intention to establish a permanent post in that region at the most eligible point for
controlling the surrounding Indian tribes. Between Fort Dalles and Selah Fishery, an
intermediate post, with one compau}-, may be necessary to prevent the Yakimas from
taking fish on the tributaries of the Yakima and Columbia." A memoir and sketches of
the country accompanied. Referring thereto. General Wool proceeded : " You will
perceive it is one hundred miles from Fort Dalles to Selah Fishery, and seventy from the
(x) General George Wright -ivas born m Vermont in 1S03. He graduated at West Point in tlie class of 1S22, and was assigned to the Third
Infantrj', U. S. Army. He was promoted to a first lieutenancy September 2,?, 1S27, and to a captaincy October 30, 1S36, and was transferred
to the Eighth Infantry. He served dtiring the Canada trouble, and at Sacket's Harbor till 1S40. He served in the Florida War with the Eighth
Infantry until 1S44. ha"ving been brevetted major. In the war with Me.vico, he was ni the siege of Vera Cruz and on Scott's line to Moliu"
ilel Rev. where he comnianded the storming partv and wa.s severely wounded. He was brevetted colonel May 4, r^4S. He was appoiuted
heutenant-colonel of the Fourth Infantry in ISj,. on the ,5d of March, 1S55. he was appointed colonel of the Ninth Infantry, in which capacity
he came to Washington Tcrritorv in 1S36, and conducted tVeneral Wool's campaign in the Yakima country and Walla \\'alla country during
that year. In 1S5S. he conducted" a short, sharp and brilliant campaign against the Spokanes, in which he taught the Indians to respect the
United States government, and that thev could not with impunity murder .American citizens. That campaign ended Indian outbreaks ni
Washington Territory. At the opening 'of the Civil War. he was commander of the Department of Oregon, and was transferred. September
2>i, 186], to the command of the Department of the Pacific, with the rank of brigadier-general of volunteers. He served in that capacity till
1864, when he was brevetted brigadier-general. U. S. .^rmv. "for long, faithful and meritorious services." He was assigned to the connnand
of the Department of the Columbia, and on his passage thither to take command went down in the steamer Brother Jonalhan. off Crescent
City, on the ,^olh of July, 1S6.S.
( 596 )
J. C. AVERT,
CORVALLIS, OR.
% L.L.ROWLAND, M. D.
SALEM, OR.
HON. E . L.SMITH,
HOOD RIVER, OR.
P. C. NOLAND,
CRESWELL.OR.
GENERAL WOOL'S INSTRUCTIONS TO COLONEL WRIGHT. •"■)!»"
fort to the Atahnam Mission. This Latter position may be important as the intermediate
post between The Dalles and the Fishery. From Fort Dalles to Fort Walla Walla, it is
one hundred and forty-two miles ; and, from the latter place to Selah Fishery, it is
ninety-five miles by the road to Fort Steilacoom. With boats to cross the Columbia, your
forces at either point could be in a few days concentrated.
'' Expeditions should be prepared at the earliest moment, that is, as soon as grass
can be obtained for Walla Walla and the Selah Fishery. As the snow will not probably
allow the expedition to the latter so early by three or four weeks, the one to the former
will be undertaken as soon as the season will permit, with four or five companies and
three howitzers. It is desirable that this expedition should be conducted with reference to
selecting a proper position for a post, and to ascertain the feelings and dispositions of the
several tribes in that section of country. I do not believe they will continue the war a
great while. The occupation of the country between the W'alla Walla, Touchet and
Snake rivers, and the opposite side of the Columbia, will very soon bring those tribes to
terms. The occupation at the proper time of the Yakima country from the Atahnam
Mission, and that on the Yakima river above and below the Selah Fishery, will compel
the Yakimas, I think, to sue for peace or abandon their country."
Those instructions illustrate the war policy of General Wool, — not a word as to
chastising the perfidious murderers of our citizens, nor the enforcement of the treaties,
nor for the punishment of hostile acts which had destroyed the business of the country
and retarded its settlement, — not a word as to checking raids and depredations on
isolated settlers. But the regiment sent out from the Eastern states " is to select a
proper position for a military post, and ascertain the feelings and dispositions of the
several tribes." They are to be located near a fishery station, to keep Indians from
fishing. The hope is entertained that their presence will keep the Indians from
procuring their food ; and that the}- will sue for peace. Such were the instructions
given the gallant officer who had come here to make war against those Indians who
had defied the authorit}' of the nation, — to conquer peace,- — but who was handicapped
b}' his superior, and instructed to starve, not fight, the Indians. Instead of carrying
war into the enemy's country, after that enemy had been in open arms for months, this
regiment was to visit them and " ascertain their dispositions." Indeed, Colonel Wright
was instructed by General Wool to protect the hostile Cayuses, and make war against
the volunteers of Oregon.
In the memoir accompanying those war-prohibiting instructions, particular attention
had been invited to the importance, for military purposes, of the portage between the
Lower and Upper Cascades of the Columbia river, forty-five miles east of Fort Vancouver.
The rush of miners to the Colvile diggings in 1S55, with the corresponding growth
of the Cascades and The Dalles as distributing points and centers of trade, and also as
keys to Eastern Oregon and Washington, had necessitated not only open communication
across the portage between the Cascades of the Columbia, but had invited the supplying
of improved facilities for travel, and the transportation of merchandise. The growing
trade at The Dalles, the increased number of troops concentrated at that point, the presence
of volunteers and regulars in the Yakima and Walla Walla countr}-, and the necessary
transportation of munitions of war and supplies for troops, had induced the putting on of
steamers to pi}- between Portland and the Lower Cascades, as also upon the Columbia river
above the Upper Cascades, running from thence to The Dalles. Such lines established,
the trans-shipment of merchandise, and its conveyance over the portage, required
598 HISTORY OF PACIFIC NORTHWEST — ORF.GON AND WASHINGTON.
appliances for handling and transportation. For these objects, Daniel F. Bradford, and
Putnam his brother, late in the fall of 1855, commenced the construction of a tramway
between the Upper and Lower Cascades, live miles in length, which was well-nigh
completed in the early spring of 1856. During the previous winter (1S55-56), a strong
guard had been on duty at the blockhouse located a mile below the Upper Cascades
landing, which had been erected by Major Rains in the fall of 1855 ; and from the
name of its builder it had been uniforml}' but unofficiall}' called Fort Rains.
Although restrained by General Wool's orders from making war. Colonel Wright
was in command at Fort Vancouver of eight companies of the Ninth Infantry, a companj'
of the Fourth Infantry commanded by Second Lieutenant Philip H. Sheridan, now of
immortal memory, a company and part of a company of U. S. Dragoons, and a company
of the Third Artillery. Under later instructions of General Wool, it was the intention
of Colonel Wright to have marched with four companies into the Walla Walla country
to displace the Oregon mounted volunteers. Embraced within that order was the
characteristically malignant innuendo against the Oregon citizen soldiery : " Should you
find, on the arrival of the troops in the Cayuse country, that a company is necessary to
give protection to the Cayuse Indians from the volunteers, you will leave a company
there with a howitzer and ammunition." Colonel Wright had made provision to leave
the necessary garrisons at Forts Vancouver and Dalles.
On the 6th of March, a band of Klikitats made a raid upon the Jocelyn settlement
at the mouth of the White Salmon, and drove off a large number of stock. Upon
receiving information of those depredations. Colonel Wright dispatched Lieutenant-Colonel
Steptoe, Ninth Infantry, with two companies, from Fort Vancouver to White Salmon.
Upon the seventh and eighth, the troops designed to operate east of Fort Vancouver
followed. Upon the eleventh. Colonel Wright himself arrived at Fort Dalles, where he
established his headquarters. On the twentieth. Lieutenant Bissell, who had been in
command of the stations at the Upper Cascades, was withdrawn with all his forces except
Sergeant Kelly and nine men, who were left in charge of the blockhouse (Fort Rains).
The orders to Sergeant Kelly were simply to guard government property, and keep open
the line of communication between Forts Dalles and Vancouver. A howitzer had been
mounted, and ammunition supplied. Just below the Lower Cascades, the Cascade Indians,
numbering about fifty, had their homes. They depended for a livelihood upon fishing,
and occasional employment as boat-hands in the transportation of merchandise and
travelers. No fears were entertained that the}' could be induced to become hostile
Neither did any one apprehend any danger, even should the}' become unsettled. The
were so insignificant, so few, so dependent, that their presence excited no consideration:
That band doubtless would have continued friendl}' had the Yakimas remained away
But as soon as Colonel Wright had moved eastward from Fort Dalles towards the Walla
Walla country, Kamiakin, chief of the Yakimas, advised of his every operation, made a
flank movement towards Fort Vancouver. With his horde of hostile Klikitats, he
overawed that little Cascade camp, and forced those Indians to co-operate in the raid
against the Cascade settlements. The Cascade Indians did the bidding of Kamiakin, and
in the end alone received all the immediate penalties for an outbreak to which they had
been stimulated by their more powerful neighbors, and to which, perhaps, they had
reluctantly assented. Had Colonel Wright marched into the Yakima country against the
concentrated hostile tribes there marshaled under their ablest leader, instead of first
proceeding towards Walla Walla to protect the hostile Cayuses and to drive out the
d
i
INDIANS ATTACK THE SETTLEMENTS AT THE CASCADES. 599
Oregon volunteers, Kaiuiakin could not have returned to the settlements again to
devastate them and massacre the citizens of the territory of Washington, peaceably
residing at the Cascades. There would have been no Cascade massacre, — no three days'
siege of the citizens at the Upper and Middle Cascades, — had the orders to Colonel Wright
been to reduce the hostiles to submission, instead of directing him to ascertain their
feelings and disposition.
As Colonel Wright moved towards The Dalles, Kamiakin massed his Klikitats and
Yakimas, and moved down the Columbia towards the Cascades. Upon the day that
Colonel Wright's Walla Walla expedition moved out from Fort Dalles and marched
eastward, Kamiakin's forces, in three parties, simultaneously attacked the Tapper, Middle
and Lower Cascades.
Lawrence W. Coe, an intelligent and reliable eye-witness, interested in business with
the Bradford Brothers of the Upper Cascades, wrote at the time a letter to Putnam F.
Bradford, then in ^Lassachusetts, in which was perpetuated the records of the incidents of
that Indian raid upon the Bradford store at the Upper Cascades :
" On Wednesday, March 26th, at about 8:30 A. m., after the men had gone to their
work on the two bridges of the new railway, most of them on the bridge near Bush's
house, the Yakimas came down on us. There was a line above us from Mill creek to the
big point at the head of the falls, firing simultaneously at the men ; and the first notice
we had of them was the firing and crack of their guns. At the first fire, one of our men
was killed and several wounded. Our men, on seeing the Indians, all ran for our store
through a shower of bullets, except three, who started down the stream for the middle
blockhouse, distant one and a half miles. Bush and his family ran to our store, leaving
his own house vacant. The Watkins family came into our store after a Dutch boy (brother
of Mrs. Watkins) had been shot in the house. Watkins, Finlay and Bailey were at work
on the new warehouse on the island, around which the water was now high enough to run
about three feet deep under the bridges. There was grand confusion in the store at first ;
and Sinclair, of Walla Walla, going to the door to look out, was shot in the head and
instantly killed. Some of us commenced getting the guns and rifles, which were read}-
loaded, from behind the counter. Fortunately, about an hour before, there had been
left with us for shipment below nine government muskets, with cartridge boxes and
ammunition. These saved us. As the upper story of the house was abandoned. Smith,
the cook, having come below, and as the stairway was outside, where we dare not go, the
stovepipe was hauled down, the hole enlarged with axes, and a party of men crawled up;
and the upper part of the house was secured.
" Our men soon got shots at the Indians on the bank above us. I saw Bush shoot an
Indian, the first one killed, who was drawing a bead on Mrs. Watkins as she was running
for our store. He dropped instantly. Alexander and others mounted into the gable under
our roof; and from there was done the most of our firing, as it w'as the best place for
observation. In the meantime, we were barricading the store, making loopholes, and
firing when opportunity presented itself I took charge of the store, Dan Bradford of the
second floor, and Alexander of the garret and roof
" The steamer Mary was lying in Mill creek ; and the wind was blowing hard down
stream. Then w^e saw Indians running towards her and heard shots. I will give you an
account of the attack on her hereafter. The Indians now returned in force to us ; and we
gave ever3'one a shot who showed himself. The}' were nearly naked, painted red, and had
guns and bows and arrows. After awhile, Finlay came creeping around the lower point of
600 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
the island towards our house. We halloed to him to lie down behind a rock ; and he did
so. He called that he could not get to the store, as the bank above us was covered with
Indians. He saw Watkins' house burn while there. The Indians first took out
everything they wanted, — blankets, clothes, guns, etc. By this time the Indians had
crossed in canoes to the island ; and we saw them coming, as we supposed, after Fiulay.
We then saw Watkins and Bailey running around the river side towards the place where
Finlay was, and the Indians in full chase after them. As our own men came around the
point in full view, Bailey was shot through the arm and leg. He continued on, and
plunging into the river swam to the front of our store and came in safel}-, except for his
wounds. Finlay also swam across and got in unharmed, which was wonderful, as there was
a shower of bullets around him.
" Watkins came next, running around the point ; and we called to him to lie down
behind the rocks ; but before he could do so he was shot through the wrist, the ball going
up the arm and out above the elbow. He dropped behind a rock just as the pursuing
Indians came around the point ; but we gave them so hot a reception from our house that
they backed out and left poor Watkins where he lay. We called to him to lie still, and
we would get him off; but we were not able to do so until the arrival of the troops, — two
days and nights afterwards. During this time he fainted several times from cold and
exposure, the weather being very cold ; and he was stripped down to the underclothes for
swimming. When he fainted, he would roll down the steep bank into the river; and, the
ice-cold water reviving him, he ^vould crawl back under fire to his retreat behind the rock.
Meantime his wife and children were in the store in full view, and moaning piteously at
his terrible situation. He died from exhaustion two days after he was rescued.
" The Indians were now pitching into us 'right smart.' They tried to burn us out, —
threw rocks and firebrands, hot irons, pitchwood, — everything onto the roof that would
burn. But as the bank for a short distance back of the store inclined towards us, we could
see and shoot the Indians who appeared there. So they had to throw from such a distance
that the largest rocks and bundles of fire did not quite reach us ; and what did generally
rolled off the roof. Sometimes the roof got on fire ; and we cut it out, or with cups of
brine drawn from pork barrels put it out, or with long sticks shoved off the fire balls. The
kitchen roof troubled us the most. How they did pepper us with rocks ! Some of the
biggest ones would shake the house all over.
" There were now forty men, women and children in the house, — four women and
eighteen men who could fight, and eighteen children and wounded men. The steamer
IVasco was on the Oregon side of the river. We saw her steam up and leave for The
Dalles. Shortl}^ after the steamer Mary also left. She had to take Atwell's fence-rails
for wood. So passed the day, during which the Indians had burned Inman's two houses,
Bradford's sawmill and houses, and the lumber yards at the mouth of Mill creek. At
daylight they set fire to Bradford's new warehouse on the island, making it as light as day
around us. They did not attack us at night, but on the second morning commenced again
livel}' as ever. We had no water, but did have about two dozen of ale and a few bottles
of whisky. These gave out during the day. During the night, a Spokane Indian, who
was traveling with Sinclair and was in the store with us, volunteered to get a pail of water
from the river. I consented, and he stripped himself naked, jumped out and down the
bank, and was back in no time. We weathered it out during the day, every man keeping
his post, and never relaxing his vigilance. Every moving object, bush, shadow or
suspicious thing on the hillside, received a shot. Night came again ; we saw Sheppard's
,/?^
It* i'^^
■.■^.
DAVID LISTER
TACOMA ,W.T.
SIEGE OF THE BRADFORD STORE AT UPPER CASCADES. ()()1
house burn. Bush's hou.se near by was also fired, and kept us in light until four A. M.,
when, darkness returning, I sent the Spokane Indian for water from the river ; and he
^lled four barrels. He went to and fro like lightning. He also .slipped poor James
Sinclair's body down the slide outside, as the corpse was quite offensive.
" The two steamers having exceeded the length of time which we gave them to return
from The Dalles, we made up our minds for a long siege, and until relief came from below.
The third morning dawned ; and lo ! the Mary and the Wasco, blue with soldiers, and
towing a flatboat loaded with dragoon horses, hove in sight. Such a halloa as we gave !
As the steamers landed, the Indians fired twenty or thirty shots into them ; but we could
not ascertain with what effect. The soldiers, as the}- got ashore, could not be restrained,
and plunged into the woods in every direction ; while the howitzers sent grape after the
retreating redskins. The soldiers were soon at our doors ; and we experienced quite a
feeling of relief in opening them.
" Now as to the attack on the steamer Mary on the first daj' of the fight. She lay in
Mill creek, — no fires, and wind blowing hard ashore. Jim Thompson, John Woodard
and Jim Herman were just going up to her from our store when the}' were fired upon.
Herman asked if they had any guns. No. He went on up to Inman's house, the rest
staj'ing to help get the steamer out. Captain Dan Baughman and Thompson were on
shore, hauling on lines on the upper side of the creek, when the firing of the Indians
became so hot that the}' ran for the woods past Inman's house. The fireman, James
Lindsay, was shot through the shoulder. Engineer Buckminster shot an Indian with his
revolver on the gangplank, and little Johnnie Chance went climbing up on the hurricane
deck, and killed his Indian with an old dragoon pistol ; but he was shot through the leg
in doing so. Dick Turpin, half crazy, probabl}-, taking the only gun on the steamer,
jumped into a flatboat alongside, was shot, and jumped overboard and was drowned.
Fires were soon started under the boiler, and steam was rising. About this time, Jesse
Kempton, shot while driving an ox-team from the mill, got on board ; also a half-breed
named Bourbon, who was shot through the body. After sufficient steam to move was
raised, Hardin Chenoweth ran up into the pilot-house, and, lying on the floor, turned the
wheel as he was directed from the lower deck. It is almost needless to say that the
pilot-house was a target for the Indians. The steamer picked up Herman on the bank
above. Inman's family, Sheppard and A'anderpool all got across the river in skiffs, and,
boarding the Mary, were taken to The Dalles."
The middle blockhouse (Fort Rains), with its little garrison of nine soldiers of
Company H, Fourth U. S. Infantry, Sergeant Kelly commanding, was simultaneously
attacked. The incidents of the siege are well narrated by Sergeant Robert Williams, one
of the besieged :
"I discovered that the Indians were preparing for mischief on the day previous to the
attack, while carrying a message from Mr. Griswold, who lived at the Middle Cascades, to
Mr. Hamilton, who lived on a farm a little below the landing at the Lower Cascades. In
passing each way by the Indian camp, as I had to do in going to and from carrying the
message, my attention was particularly attracted at seeing Indians standing together in
council, and dressed in warlike costumes, while some few were playing at a game outside.
Their actions fully confirmed my belief that they were planning mischief The
movements of some of them in particular, going in a half-circle through the timber, thus
to flank me, awakened a very strong suspicion that they were trying to catch me to kill
me. So, I hurried back to the blockhouse with my utmost speed, and then told Sergeant
602 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Kelly and my comrades m}' suspicions. But, by reason of our belief in the strength of
our position, we did not dread any danger from Indians, or even think any more about it.
" On the morning of the attack, Sergeant Kelly sent one of the men, Frederick
Bernaurj to the Upper Cascades for a canteen of whisky. Unfortunately, the Indians had
commenced their attack on the blockhouse before he returned, preventing him from
getting back to us. They shot him through both legs. He managed, however, to get to
the bank of the river, and there hide from sight. He fainted several times from loss of
blood ; but the whisky he had in his canteen supported his strength. When night came,
he left his hiding-place and got in safety to the blockhouse. When the attack began,
nearly all of the detachment were scattered around the vicinity. There were but three of
us in close proximity to the blockhouse, — Sheridan, McManus, the cook and myself. We
all heard the shooting ; but, even after M-hat I saw the day previous, I nor the other two
had not the least suspicion that we were attacked by Indians. ]\Iy iirst feeling was that
of indignation at such foolish conduct, thinking all the while that somebody was firing off"
their revolvers. But the cook quickly found out that it was no pla}^, by seeing the door
of the cookhouse riddled with bullets. He immediately gave the alarm by crying,
" Indians." McManus and myself were standing close together near the blockhouse; but,
on the instant of the alarm, we cast our e3'es towards the hills and timber which closely
surrounded us in front ; and then we beheld, to our horror, the painted and half-naked
savages, exultantly firing. McManus, who stood by my side, was shot in the groin. He
died shortly after, in the army hospital at \'^ancouver, from the effects of the wound.
" My wounded comrade and myself lost no time in getting inside of the blockhouse.
I then quickly got on my accoutrements and gun, and immediatel}^ commenced the
defense. The incessant firing and racket of the Indians gave unmistakable warning of
deadl}' danger to those of my comrades who were strolling around. They all got. to the
blockhouse in safety, excepting Lawrence Rooney, who was captured upon the hill while
cutting wood. The two or three unfortunate families who were living close by the
blockhouse ran to it for safety; but several were severely wounded in running the gauntlet.
We had with us seven wounded and three killed. Among the latter was Mr. Griswold,
who might have escaped his death but for his over-confidence in the friendliness of the
Indians towards him. The German boy, Kyle, mentioned in Mr. Coe's narrative, was
killed while riding on horseback down the road on the hill in front of us. The Indian
that shot him stood by the side of a tree close by the road, his gun almost reaching to the
poor boy, who fell instantly upon being shot.
" Tom McDowell and Jehu Switzler, and another man to me before unknown, were
on their way from the Upper to the Lower Cascades ; but before thej- had proceeded far
they discovered hostile Indians. Being themselves unarmed, they made a desperate effort
to reach the blockhouse, which they did in safety. They proved to our small force a
valuable acquisition. The three gallantly aided us during the defense. After they had got
in, the door was made secure by a bolt; and then a strong chain was drawn tightl}- across.
That being completed, we gave our savage enemies a treat of canister shot, fourteen
rounds in all, from our six-pounder gun, after which they precipitately retired. But we
still, while in reach, presented them with a few shells. They retired back of the hills,
out of range of our guns, to torture and put to a horrible death our unfortunate comrade
whom they had captured. We could not see them at it, but we heard his piercing screams.
After they had accomplished that last inhuman and diabolical cruelty, the main portion
left and went to the lower landing.
GALLANT DEFENSE OF MIDDLE BLOCKHOUSE. '">0o
" The second da}- the Indians were still besieging us, and thus preventing us from
getting water, which by that time all of us greatly needed, especially the wounded. But
close by there happened to be a saloon owned and kept b}- one of the Palmer brothers,
who, with his brother who kept a store at the foot of the hill by the river bank, luckily
made their escape immediately after the Indians made the attack, locking the doors of both
buildings before they left. My army comrade, W'm. Houser, suggested that somebod}'
should be allowed to go to the saloon and get whatever they might find that would alleviate
hunger and thirst. I seconded his motion. Sergeant Kelly then permitted him and me
to go. The door being locked, my comrade had to break it open with an axe. We procured
within one dozen bottles of English porter, one decanter of brand}^, the same of whisky
and wine, and a small box full of oyster crackers. We failed to get water ; but the articles
mentioned satisfied ever}- requirement except surgical aid until we would get relief, which
we knew was close at hand by hearing the report of gallant Phil Sheridan's guns firing
upon the enemy at the Lower Cascades. After that signal of relief, we all relaxed the
ceaseless vigilance we had all the time kept, for the purpose of allowing a portion of our
guards to take a little rest and sleep. The next morning. Brevet Lieutenant-Colonel
Steptoe, Ninth Infantrj-, commanding Companies A, E, F and I, same regiment, and
detachments of Company E, First Dragoons, and Company L, Third Artillery, in all two
hundred men, and some of the officers, came to the blockhouse. The sergeant told them
how we had managed. The colonel then complimented all for admirable conduct.
" Now that relief had come, the citizens who had taken refuge with us left for their
homes. We soldiers endeavored to find traces of the injury we had done to the enemy.
We failed to perceive any signs of Indians having been hurt ; but myself and comrade
Hiram Smile}- found, horriblj- mutilated, the body of Lawrence Roone}-, our murdered
companion. The Indians had hanged him with a w-illow withe, the same being j'et
around his neck. The}' had also mashed his nose flat w-ith his axe. We now called otit
to our other comrades to bring up a blanket to carry the body down to the blockhouse,
where we soon made a rude box, and placed the remains therein. Lieutenant Sheridan
then came up with his command, Compau}^ H, Fourth Infantry (to which company we of
the detachment belonged). He also had the cavalrj- bring up to us the twenty-eight
Indians whom he had captured. Each had his arms securel}- tied with pieces of strong
cord. After accomplishing that dut}', the lieutenant and his command returned to Fort
Vancouver, taking with them the remains of our murdered comrade for burial at the
military cemetery (i)."
The legislature of Washington Territory, on the 24th of January, 1857, passed a
joint resolution instructing their delegate in Congress to use his influence to procure the
passage of an Act granting to Sergeant Kelly, and Privates Houser, Roach, Sheridan,
Bernaur, Smiley and Williams, the extra pay allowed during the Mexican War to such
non-commissioned officers and privates as received certificates of merit for distinguished
services, as a mark of commendation for their efiicieut aid in protecting the citizens
who escaped massacre at the Cascades on the 26th of Maroh, 1856, and gallant conduct in
defending the blockhouse at that place for three days, against, attacks of Indians.
An attack was also made upon the Lower Cascades at the same time, which was
thus narrated by Lawrence W. Coe, in the letter before quoted :
(i) General Orders, U. S. Army, November 13, 1S57, thus noticed the gallautrv' of that little band : " Par. 4. In March, 1836, Sergeant M.
Kelly, Company H, Fourth Infantry, with eight men, gallantly defended a small blockhouse, and protected all the public property at the
Cascades, Washington Territory, for two days, against a bodv of fifty Indians. He had one man. Private L. Rooney, killed, and two privates,
F. Bernaur and O. McMauus, wounded, the latter since dead of his wounds."
604 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
" Geo. Johnson was about to get a boat's crew of Indians, when Indian Jack came
running to him, saying the Yakimas had attacked the blockhouse. He did not believe
it, although he heard the cannon. He went up to the Indian village on the sandbar
to get his crew, and saw some of the Cascade Indians, who said they thought the
Yakimas had come ; and George, now hearing the muskets, ran for home. E. W.
Baughman was with him. Bill Murphy had left the blockhouse earl}' for the Indian
camp, and had nearly returned before he saw the Indians or was shot at. He returned,
two others with him, and ran for George Johnson's, with about thirty Indians in chase.
After reaching Johnson's, Murphy continued on and gave Hamilton and all below-
warning ; and the families embarked in small boats for Vancouver. The men would
have barricaded in the wharf-boat, but for want of ammunition. There was considerable
government freight in the wharf-boat. They stayed about the wharf-boat and schooner
nearly all da}', and until the Indians commenced firing upon them from the zinc-house
on the bank. They then shoved out. Tommy Price was shot through the leg in getting
the boats into the stream. Floating down, they met the steamer Belle with Sheridan and
forty men, sent up on report of an express carried down b}' Indian Simpson in the morning.
George and those with him went on board the steamer and volunteered to serve under
Sheridan, who landed at George's place and found everything burned."
No white person was killed at the Lower Cascades, as an opportunity for escape was
afforded, after the alarm had been given b}- the firing at the blockhouse. The Indians
upon their arrival burnt every house, and destroyed a vast amount of government stores.
Rescue and relief came with the appearance of Lieutenant Phil Sheridan and a
detachment of forty men of the Fourth U. S. Infantry. Let that annalist, as remarkable
for clearness of statement and comprehensiveness of expression, as for military genius
and courage, describe the check of the savages b}^ his command :
" On the morning of March 26th, the movement began ; but the column had only
reached Four Mile creek when the Yakimas, joined b}' many young warriors, — free lances
from other tribes, — made a sudden and unexpected attack at the Cascades of the Columbia
midway between Vancouver and The Dalles, killed several citizens, women and children,
and took possession of the portage by besieging the settlers in their cabins at the Upper
Cascades, and those who sought shelter at the Middle Cascades in the old military
blockhouse, which had been built for refuge under just such circumstances. These points
held out and were not captured ; but the landing at the Lower Cascades fell completely
into the hands of the savages. Straggling settlers from the Lower Cascades made their
way down to Fort V^anconver, distant thirty-six miles, which they reached that night, and
communicated the condition of affairs. As the necessit}' for earl}^ relief of the settlers,
and the establishment of communication with The Dalles, were apparent, all the force that
could be spared was ordered out ; and in consequence I immediatel}^ received directions to
go with my detachment of dragoons, numbering about forty effective men, to the relief of
the middle blockhouse, which really meant to retake the Cascades. I got readj' at once,
and, believing that a piece of artillery would be of service to me, asked for one ; but, as
there proved to be no guns at the post, I should have been obliged to proceed without one
had it not been that the regular steamer from San Francisco to Portland was lying at the
Vancouver dock unloading military supplies ; and the commander, Captain Dall, supplied
me with the steamer's small iron cannon, mounted on a wooden platform, which he used
in firing salutes at different ports on the arrival and departure of the vessel. Finding at
the arsenal a supply of solid shot that would fit the gun, I had it put upon the steamboat
^1
S.S.BENTON
COLFAX WASH. TER.
LIEUTENANT PHIL SHERIDAN TO THE RESCUE. <)0o
Relh\ eniplo}-ed to carrj- my command to the scene of operations, and started up the
Columbia river at two A. y\. on the morning of the twenty-seventh. We reached the
Lower Cascades earl}- in the da}-, when, selecting a favorable place for the purpose, I
disembarked ni}- men and gun on the north bank of the river, so that I could send back
the steamboat to bring up any volunteer assistance that in the meantime might have been
collected at Vancouver.
" The Columbia river was very high at the time ; and the water had backed up into
the slough about the foot of the Lower Cascades to such a degree that it left me only a
narrow- neck of firm ground to advance over towards the point occupied by the Indians.
On this neck of land the hostiles had taken position, as I soon learned by frequent shots,
loud shouting and much blustering; then, by the most exasperating yells and indecent
exhibitions, they dared me to the contest.
" After getting well in hand everything connected with my little command, I advanced
with five or six men to the edge of a growth of underbrush to make a reconnaissance. We
stole along under cover of this underbrush until we reached the open ground leading over
the causeway or narrow neck before mentioned, when the enemy opened fire and killed a
soldier near my side by a shot, which, just grazing the bridge of my nose, struck him in
the neck, opening an artery and breaking the spinal cord. He died instantly. The
Indians at once made a rush for the body ; but my men in the rear, coming quickly to the
rescue, drove them back ; and Captain DalTs gun being now brought into play, niany
solid shot were thrown into the jungle where they lay concealed, with the effect of
considerably moderating their impetuosity. Further skirraLshing at long range took
place at intervals during the day, with but little gain or loss, however, to either side ; for
both parties held positions which could not be assailed in flank ; and onlv the extreme of
rashness in either could prompt a front attack. My left was protected by the backwater
driven into the slough by the high stage of the river; and my right rested secure on the
main stream. Between us was the narrow neck of land, to cross which would be certain
death. The position of the Indians was almost the counterpart of ours.
" In the evening, I sent a report of the situation back to Vancouver by the steamboat,
retaining a large Hudson's Bay bateau which I had brought up with me. Examining
this, I found it would carry about twenty men, and made up my mind that early next
morning I would cross the command to the opposite or south side of the Columbia river,
and make my way up along the mountain base until I arrived abreast of the middle
blockhouse, which was still closely besieged, and then at some favorable point recross to
the north bank to its relief, endeavoring in this manner to pass around and to the rear of
the Indians, whose position confronting me was too strong for a direct attack. This plan
was hazardous ; but I believed it could be successfully carried out if the boat could be
taken with me. But, should I not be able to do this, I felt that the object contemplated
in sending me out would miserably fail, and the small band cooped up at the blockhou.se
would soon starve or fall a prey to the Indians ; so I concluded to risk all the chances the
plan involved.
"On the morning of March 2iSth, the savages were still in my front; and, after
giving tliem some solid shot from Captain Ball's gun, we slipped down to the river bank ;
and the detachment crossed by means of the Hudson's Bay boat, making a landing on the
opposite shore at a point where tlie south channel of the river, after flowing around
Bradford's island, joins the main stream. It was then about nine o'clock ; and everything
hud thus far proceeded favorably. But an examination of the channel showed that it
606 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
would be impossible to get the boat up the rapids along the mainland, and that success
could only be assured by crossing the south channel just below the rapids to the island,
along the shore of which there was every probability we could pull the boat through the
rocks and swift water until the head of the rapids was reached, from which point to the
blockhouse there was smooth water.
" Telling the men of the embarrassment in which I found myself, and that, if I could
get enough of them to man the boat and pull it up the stream by a rope to the shore, we
would cross to the island and make the attempt, all volunteered to go ; but, as ten men
seemed sufficient, I selected that number to accompany me. Before starting, however, I
deemed it prudent to find out, if possible, what was engaging the attention of the Indians,
who had not yet discovered that we had left their front. I therefore climbed up the abrupt
mountain side which skirted the water's edge, until I could see across the island. From
this point, I observed the Indians running horse-races and otherwise enjoying themselves
behind the line they had held against me the day before. The squaws decked out in gay
colors, and the men gaudily dressed in war bonnets, made the scene most attractive ; but,
as everything looked propitious for the dangerous enterprise in hand, I spent but little
time in watching them ; and, quickly returning to the boat, I crossed to the island with
my ten men, threw ashore the rope attached to the bow, and commenced the difficult task
of pulling her up the rapids. We got along slowly at first ; but soon striking a camp of
old squaws, who had been left on the island for safety, and had not gone over to the
mainland to see the races, we utilized them to our advantage. With unmistakable threats
and signs, we made them not only keep quiet, but also give us much needed assistance in
pulling vigorously on the tow-rope of our boat.
" I was laboriug under a dreadful strain of mental anxiety during all this time ; for,
had the Indians discovered what we were about, they could easily have come over to the
island in their canoes, and, by forcing us to take up our arms to repel their attack,
doubtless would have obliged the abandonment of the boat; and that essential adjunct
to the final success of my plan would have gone down the rapids. Indeed, under such
circumstances, it would have been impossible for ten men to hold out against the two or
three hundred Indians ; but, the island forming an excellent screen to our movements,
we were not discovered ; and, when we reached the smooth water at the upper end of the
rapids, w-e quickly crossed over and joined the rest of the men, who in the meantime had
worked their way along the south bank of the river parallel with us. I felt very grateful
to the old squaws for the assistance they rendered. They worked well under compulsion,
and manifested no disposition to strike for higher wages. Indeed, I was so much relieved
when we had crossed over from the island and joined the rest of the party, that I mentally
thanked the squaws, one and all. I had much difficulty in keeping the men on the main
shore from cheering at our success ; but hurriedly taking into the bateau all of them it
would carry, I sent the balance along the southern bank, where the railroad is now built,
until both detachments arrived at a point opposite the blockhouse, when, crossing to the
north bank, I landed below the blockhouse some little distance and returned the boat for
the balance of the men, who joined me in a few minutes.
" When the Indians attacked the people at the Cascades on the twenty-sixth, word
was sent to Colonel Wright, who had already got out from The Dalles a few miles
on his expedition to the Spokane country. He immediately turned his column back ;
and, soon after I had landed and communicated with the beleagured blockhouse, the
advance of his command arrived under Lieutenant-Colonel Edward J. Steptoe. I
CAPTURE OF THE CASCADE INDIANS. 607
reported to Steptoe, and related what had occurred during the past thirty-six hours,
gave him a description of the festivities that were going on at the Lower Cascades,
and also communicated the intelligence that the Yakimas had been joined by the Cascade
Indians. When the place was iirst attacked, I also told him it was my belief that when
he pushed down the main shore the latter tribe, without doubt, would cross over to the
island we had just left, while the former would take to the mountains. Steptoe coincided
with me in this opinion, and, informing me that Lieutenant Alexander Piper would join
my detachment with a mountain howitzer, directed me to convey the command to the
island, and gobble up all who came over to it. Lieutenant Piper and I landed on the
island with the first boat-load ; and, after disembarking the howitzer, we fired two or
three shots to let the Indians know we had artillery with us, then advanced down the
island with the whole of my command, which had arrived in the meantime. All of the
men were deploj-ed as skirmishers, except a small detachment to operate the howitzer.
Near the lower end of the island we met, as I had anticipated, the entire body of Cascade
Indians, — men, women and children, — whose homes were in the vicinit}' of the Cascades.
" They were very much frightened and demoralized at the turn events had taken ;
for the Yakimas, at the approach of Steptoe, had abandoned them as predicted, and fled
to the mountains. The chief and head men said they had had nothing to do with the
capture of the Cascades, with the murder of men at the upper landing, nor with the
massacre of men, women and children near the blockhouse, and put all the blame on
the Yakimas and their allies. I did not believe this, however, and, to test the truth of
their statement, formed them all in line with their muskets in hand. Going up to the
first man on the right I accused him of having engaged in the massacre, but was met
b}' a vigorous denial. Putting my forefinger into the muzzle of his gun, I found
unmistakable signs of its having been recently discharged. My finger was black with
the stains of burnt powder; and, holding it up to the Indian, he had nothing more to
saj- in the face of such positive evidence of his guilt. A further examination proved
that all the guus were in the same condition. Their arms were at once taken possession
of; and, leaving a small force to look after the women and children and the very old
men, so that there could be no possibility of escape, I arrested thirteen of the principal
miscreants, crossed the river to the lower landing, and placed them in charge of a
strong guard. Late in the evening, the steamboat which I had sent back to \'ancouver
returned, bringing to my assistance from \'ancouver Captain Henry D. Wallius' company
of the Fourth Infantry and a company of volunteers hastily organized at Portland ; but,
as the Cascades had alreadj- been retaken, this reinforcement was too late to participate
in the affair."
The three days' fighting ended, the army officers caused a thorough search to be
made of the surrounding timber. A trail through the woods, by which the Klikitats
and Yakimas had retreated, was followed for ten miles. No Indians were overtaken or
captured, though a number were ascertained to have been killed. It being established
that the savages had been driven off. Colonel Wright caused to be erected two additional
blockhouses, one at the Upper Cascades, and the other near the lower landing, and
stationed an adequate force at each.
Some features of interest may yet be gleaned from the " Coe " letter before quoted,
which seem necessary to complete the reminiscences of that memorable attack, massacre,
siege and repulse :
608 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
" The Indians whom Sheridan had taken on the island were closely guarded. Old
Chenoweth (chief) was brought up before Colonel Wright, tried, and sentenced to be
hanged. The Cascade Indians, being under treaty, were adjudged guilty of treason in
fighting. Chenoweth died game. He was hanged on the upper side of Mill creek. I
acted as interpreter. He offered ten horses, two squaws and a little something to every
' tyee ' for his life, said he was afraid of the grave in the ground, and begged to be put
into an Indian deadhouse. He gave a terrific warwhoop while the rope was being put
around his neck. I thought he expected the Indians to come and rescue him. The rope
did not work well; and, while hanging, he muttered, 'Wake nica quas copa mamelouse!'
He was then shot. The next day, Tecomeoc and Captain Jo were hanged. Captain
Jo said all the Cascade Indians were in the fight. The next day, Tsy, Sim Lasselas and
Four-fingered Johnny were hanged. The next day, Chenoweth Jim, Tnmalth and Old
Skein were hanged, and Kanewake sentenced, but reprieved on the scaffold. Nine in all
were executed. Banaha is prisoner at Vancouver, and decorated with ball and chain.
The rest of the Cascade Indians are on your island, and will be shot if seen off of it.
Such are Colouel Wright's orders. Dow, Watiquin, Peter, Mahooka John and Kotzue, —
maybe more, — have gone with the Yakimas.
■' I forgot to mention that your house at the Lower Cascades, also Bishop's, was
burned ; also to account for Captain Dan Baughman and Jim Thompson. They put back
into the mountains, and at night came down to the river at Vanderpool's place, fished up
an old boat and crossed to the Oregon side. They concealed themselves in the rocks on
the river bank opposite, where they could watch us, and at night went back into the
mountains to sleep. They came in safel}' after the troops arrived. We do not know how
man}' Indians there were. They attacked the blockhouse, our place, and drove Sheridan,
all at the same time. We think there were not less than two or three hundred. When
the attack was made on us, three of our carpenters ran for the middle blockhouse, overtook
the cars at the salmon-house, cut the mules loose, and, with the car-drivers, all kept on.
They were not fired on until they got to the spring on the railroad ; but from there the}'
ran the gauntlet of bullets and arrows to the fort. Little Jake was killed in the run.
Several were wounded.
" I append a list of killed and wounded: Killed — George Griswold, shot in leg; B.
W. Brown and wife, killed at the sawmill, bodies found stripped naked in Mill creek ;
Jimmy Watkius, driving team at mill ; Henry Hagar, shot in Watkins' house, body
burned ; Jake Kyle, German boy ; Jacob White, sawyer at mill ; Bonrbon, half-breed, died
on the Maty going to The Dalles ; James Sinclair, of the H. B. Company, Walla Walla ;
Dick Turpin, colored cook on steamer Alary; Norman Palmer, driving team at mill ;
Calderwood, working at mill ; three United States soldiers, names unknown ; George
Watkins, lived four days ; Jacob Roush, carpenter, lived six days. Wounded — Fletcher
Murphy, arm; P. Snooks, boy, leg; J. Lindsay, shoulder; Jesse Kempton, shoulder;
Tommy Price, thigh ; two .soldiers, U. S. Army ; H. Kyle, German ; Moffat, railroad hand;
johnny Chance, leg; ]\I. Bailey, leg and arm; J. Algin, slightlj'."
Lieutenant Sheridan finished his description of operations at the Cascades bj'
recounting the dastardly murder of the family of Spencer, a friendly Indian, with such
words of condemnation as will find a response in every human breast. And yet that
horrible crime is too often a concomitant of Indian war, which finds palliation b}' the
excitement which grows out of witnessing the mangled, mutilated and outraged bodies of
the victims of Indian hate. That Indian wars should so transform our race, because of
j^Mi&y^.
HON JOHN MINTO,
SALEM, OR.
MRS- MA. MINTO,
SALEM, OR.
R W MORRISON,
ASTORIA, OR.
MRS.R.W. MORRISON,
ASTORIA, OR.
INHUMAN MASSACRE BY WHITES OF THE SPENCER FAMILY. 609
the manner they are waged, is the best of evidence of the fiendish malice with which
' they operated in that war of intended extermination made by them in 1S55-56.
" While still encamped at the lower landing, after the events recounted, I met Mr.
Joseph Meek, an old frontiersman and guide for emigrant trains through the mountains,
v^dlo came down from The Dalles on his way to \^incouver, and stopped at my camp to
inquire if an Indian named Spencer and his family had passed down to Vancouver since my
"arrival at the Cascades. Spencer, the head of the family, was a very influential, peaceable
Chinook chief, whom Colonel Wright had taken with him from Fort Vancouver as an
interpreter and mediator with the Spokanes and other hostile tribes against which his
campaign was directed. He was a good, reliable Indian, and, on leaving Vancouver to join
Colonel Wright, took his family along to remain with relations and friends at Fort Dalles
until the return of the expedition. When Wright was compelled to retrace his steps on
account of the capture of the Cascades, this family, for some reason known only to Spencer,
was started by him down the river to their home at Vancouver.
" Meek, on seeing the family leave The Dalles, had some misgivings as to their safe
arrival at their destination, because of the excited condition of the people about the
Cascades; but Spencer seemed to think that his own peaceable and friendly reputation,
which was widespread, would protect them. So he parted from his wife and children with
little apprehension as to their safety. In reply to Meek's question, I stated that I had not
seen Spencer's family, when he remarked, ' Well, I fear that they are gone up,' a phrase
used in early days to mean that they had been killed. I questioned him closely to elicit
further information, but no more could be obtained ; for Meek, either through ignorance
or the usual taciturnity of his class, did not explain more full}' ; and when the steamer
that had brought the reinforcement started down the river, he took passage for Vancouver
to learn definitely if the Indian family had reached that point. I at once sent to the upper
landing, distant about six miles, to make inquiry in regard to the matter ; and in a little
time my messenger returned with the information that the family had reached that place
the day before, and, finding that we had driven the hostiles off, continued their journey on
foot towards my camp, from which point they expected to go by steamer down the river
to Vancouver.
" Their non-arrival aroused in me suspicions of foul play ; so, with all the men I
could spare, and accompanied by Lieutenant William T. Welcker of the ordnance corps, a
warm and intimate friend, I went in search of the family, deplo3nng the men as
skirmishers across the valley, and marching them through the heavy forest, where the
ground was covered with fallen timber and dense underbrush, in order that no point
might escape our attention. The search was continued between the base of the mountain
and the river, without finding any sign of Spencer's family, until about three o'clock in
the afternoon, when we discovered them between the upper and lower landing, in a small
open space about a mile from the road, all dead, — strangled to death with bits of rope.
The party consisted of the mother, two youths, three girls and a baby. They had all
been killed by white men, who had probably met the innocent creatures somewhere near
the blockhouse, driven them from the road into the timber, where the cruel murders were
committed without provocation, and for no other purpose than the gratification of the
inordinate hatred of the Indian that has so often existed on the frontier, and which on
more than one occasion has failed to distinguish friend from foe. The bodies lay in a
semi-circle ; and the bits of rope with which the poor wretches had been strangled to death
were still around their necks. Each piece of rope — the unwound strand of a heavier
610 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
piece — was about two feet long, and encircled the neck of its victim with a single knot,
that must have been drawn tight by the murderers pulling at the ends. As there had
not been quite enough rope to answer for all, the babe was strangled by means of a red
silk handkerchief, taken, doubtless, from the neck of the mother. It was a distressing
sight. A most cruel outrage had been committed upon unarmed people, — our friends and
allies, — in a spirit of aimless revenge. The perpetrators were citizens living near the
middle blockhouse, whose wives and children had been killed a few days before by the
hostiles, but who well knew that these unoffending creatures had had nothing to do with
those murders.
" In my experience, I have been obliged to look upon many cruel scenes in connection
with Indian warfare on the plains since that day ; but the effect of that dastardly and
revolting crime has never been effaced from my memory. Greater and more atrocious
massacres have often been committed by Indians. Their savage nature modifies one's
ideas, however, as to the inhumanity of their acts ; but when such wholesale murder as
this is done by Whites, and the victims not only innocent but helpless, no defense can be
made for those who perpetrated the crime, if they claim to be civilized beings. It is true
the people at the Cascades had suffered much, and that their wives and children had been
murdered before their eyes ; but to wreak vengeance upon Spencer's unoffending family,
who had walked into their settlement under the protection of a friendl}- alliance, was an
imparalleled outrage which nothing can justify or extenuate. With as little delay as
possible after the horrible discovery, I returned to camp, had boxes made, and next day
buried the bodies of those hapless victims of misdirected vengeance.
" The summary punishment inflicted on the nine Indians, in their trial and execution,
had a most salutary effect on the confederation, and was the entering wedge to its
disintegration ; and, though Colonel Wright's campaign continued during the summer
and into the early winter, the subjugation of the allied bands became a comparatively
easy matter, after the lesson taught the renegades who were captured at the Cascades."
At the trial of the Cascade murderers, it became manifest that Clienoweth, the chief
of the Cascade Indians, and tho§e who were executed with him, hitherto regarded friendly
and so treated by the Whites, had been guilty of co-operating with the Klikitats in the
raid upon the Cascade settlements ; that the Klikitats were the principal actors ; that
Kamiakin, head chief of the Yakima nation, had instigated and planned it; and that his
scheme had been to capture the Cascades, destroy the steamboats navigating the river, so
as to cut off communication, and, before Colonel Wright with his forces, whom he
supposed was on his way to the Walla Walla country, could have returned, kill every
White inhabitant upon the Columbia river.
Upon the loth of April, 1S56, Colonel Wright advised Governor Stevens: "The
temporary success the enemy met with at the Cascades has not given him confidence.
My sudden return and total dispersion of all the Indians at that point, with a loss of
twelve or fifteen of their warriors, with all of their baggage and animals, will have
convinced them that they are safe only in their mountain retreat. We must keep an eye
on the friendly Indians. I am well satisfied that they knew full well at the Cascades that
an attack was to be made, and that man}? of them joined the hostile party. However, I
have given them a lesson which they will long remember. Ten of those Indians, including
their chief, have been hanged by a sentence of a militar}? commission. The residue, some
forty men, and seventy or eighty women and children, have been placed on an island
without any means of leaving it, and under the observation of troops. As soon as our
PEACEABLE EXCURSION OF COLONEL WRIGHT INTO THE YAKIMA COUNTRY.' 611
I lines of communication are well secured, and quiet and confidence established in the
I settlements, I shall be prepared to advance into the country of the Yakimas. A strong^
post must be established in the heart of that country. It will not do to march through
an Indian country simpl^^ We should make them understand that we are going to make
a permanent settlement with them, break up their fisheries, and harass them constantly,
iu order that they shall have no time for laying in a supply of food. By this course I
think they may be brought to terms, — perhaps not until next winter. It is only a
question of time. It must be accomplished in the end."
A correspondence ensued between the governor and Colonel Wright as to the
co-operation of the volunteers with the latter, and as to plans of campaign, all of which
was referred to Major-General Wool, commanding the district.
General Wool again visited Fort Dalles in April. Previously to starting on the
Yakima expedition, Colonel Wright addressed a letter to Governor George L. Curry, in
which this language occurred : " I am much embarrassed by these wanton attacks of
the Oregon volunteers on the friendly Indians. Under these circumstances, and
presuming that 3'ou still retain authority over the Oregon volunteers, although at present
beyond your territorial jurisdiction, I have to request that they may be withdrawn from
the country on the north side of the Columbia river."
On the 2Sth of April, Colonel Wright, with his expedition of five companies, crossed
the Columbia river from Fort Dalles and advanced into the Yakima country. On the
iSth of May, he encamped on the Nahchess river. The stream was so high that it was
impassable for his command. Upon the opposite side, the Yakima Indians had collected
in great numbers, asking for peace. Their chiefs Owhi and Te-i-as had, upon the nth
of June, assured him that within five days they would bring in all their people. They
then left the north side of the river. Up to the iSth of June, Colonel Wright had heard
nothing of them or either of the chiefs. On that morning, having bridged the Nahchess,
Colonel Wright crossed that river with eight companies (four hundred and fifty men,
rank and file), and marched northward to the Wenass river, where he encamped.
Lieutenant-Colonel Steptoe, with three companies, had been left to occup}^ the position
on the Nahchess, called Fort Nahchess. On the 20th of June, Colonel Wright encamped
in the Kittetass valley. Still no Indians had been seen or heard of by his command.
He, however, wrote to the commanding general: " I do not despair of ultimately reducing
these Indians to sue for peace. I believe they really desire it ; and I must find out what
outside influence is operating to keep them from coming in."
Colonel Shaw's expedition of Washington Territory volunteers, en route to the Walla
Walla country, crossed the Nahchess Pass and camped June 20th on the Wenass river,
after Colonel Wright's command had marched northward from that point. Before Colonel
Shaw had set out on his Eastern-Washington campaign, he had suggested co-operation
with Colonel Wright ; but the latter not only declined but also informed Colonel Shaw
that he had ample force of regular troops to operate in the Yakima country. Colonel
Wright evidently acted upon the belief that the presence of the volunteers had tended
to disperse the Yakimas. He said in an official communication at that time : " I have
not overlooked, from the first, the evident determination of the volunteers to co-operate
with the regular forces to bring this war to a close ; and I have steadily resisted all
advances. My efforts have been retarded, but not defeated, by what was done."
On the 1 8th of June, Governor Stevens, from The Dalles, had notified Colonel Wright
at his camp on the Nahchess: " Lieutenant-Colonel Shaw, on Thursday last (June 12th),
612 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
marched from Camp Montgomery over the Nahchess. It is supposed he will camp on
the Wenass to-night. His orders are to co-operate with you in removing the seat of war
from the mountains to the interior, and for reasons effecting the close of the war on the
Sound obvious to all persons. He will then push to the Walla Walla valley, crossing the
Columbia at Fort Walla Walla. The Walla Walla valley must be occupied immediately
to prevent the extension of the war in the interior. Kamiakin has, since your arrival on
the Nahchess, 'made ever}^ exertion to induce the tribes thus far friendly to join the war.
He has flattered the Spokanes where he was on the 25th of May, and has endeavored to
browbeat the Nez Perces. The Spokanes have answered in the negative ; and the Nez
Perces will, I am satisfied, continue friendl}'. I am ready, as the superintendent of
Indian affairs, to take charge of any Indians that may be reported by yourself as having
changed their condition from hostility to peace. I am read}/ to agree to any arrangement
which may be for the good of the Indian. I presume your views and my own do not
differ as to the terms which should be allowed the Indians, viz., unconditional sv:bmission,
and the rendering up of murderers and instigators of the war for punishment. I will,
however, respectfully put you on your guard in reference to Leschi, Nelson, Kitsap and
Quiemuth from the Sound, and to suggest that no arrangement be made which shall save
their necks from execution."
On the iSthof July, 1856, Colonel Wright reported to General Wool: "Notwithstanding
the numerous difficulties and embarrassments I have encountered, the war in this country
is closed. We have penetrated the most remote hiding-places of the eneni)', and
have forced him to ask for mercy. Deserted by their chiefs Kamiakin and Owhi, and
perseveringly pursued by our troops, the Indians have no other course left them but to
surrender. So long as troops simply moved through their country and retired, it had little
effect. The Indians were generally the gainers by it. But a speedy advance over the
whole country, rendering it necessary to move their stock and families, had a different
effect, understanding, as they do, that the country is to be permanently occupied."
Without a gun fired, an Indian captured, or voluntarily coming in and submitting,
peace is declared to exist, or rather war not to exist, because the Indians have been able to
elude and keep out of the way of the force marching through, and nominally occupying,
their country. It is very true that war cannot be made without some opposing force to
make resistance ; and it is equally true that peace cannot be restored unless some party
hitherto an enemy shall agree to be at peace, or give some positive indications to that
effect. On the 2d of August, General Wool issued an order to Colonel Wright, in which
he said : " The general congratulates you on your successful termination of the war with
the Yakimas and Klikitats. * ''' With the least possible delay 3'ou will conduct an
expedition into the Walla Walla country. No emigrants or other W^hites, except the
Hudson's Bay Company, or persons having ceded rights from the Indians, will be permitted
to settle or remain in the Indian country, or on land not ceded by treaty, confirmed b}- the
Senate, and approved bj^ the President of the United States, excepting the miners at the
Colvile mines. Those will be notified, however, that, if they interfere with the Indians
or their squaws, they will be punished and sent out of the country. It appears that
Colonel Shaw from Puget Sound, with his volunteers, has gone to the Walla Walla
country. Colonel Wright will order them out of the country by way of Fort Dalles. If
they do not go immediately, the}' will be arrested, disarmed and sent out."
Lieutenant-Colonel Steptoe, with four companies, left Fort Dalles on the 20th of
August for Walla Walla, and reached there early iu September. Governor Isaac I.
<■ >-
T. C.VAN EPPS, ESQ.,
OLYMPIA.W T.
GOVERNOR STEVENS' ATTEMPT TO HOLD A COUNCIL. 613
Stevens, Superintendent of Indian Affairs of Washington Territory, was in the valley,
prepared to hold a council with the Nez Perces and the tribes who liad been hostile. On
the 5th of September, Colonel Steptoe's command encamped five miles below the council
ground. In a letter to the Secretary of War, Governor Stevens wrote : " On reaching
Walla Walla valley, I made the necessary arrangements for sending home the volunteers,
to be mustered out of the service on the arrival in the valley of the regular troops under
Lieutenant-Colonel Steptoe."
On the evening of the loth of vSeptember, the Indians being all in, except the
Yakimas, and none of them friendly except a portion of the Nez Perces, and orders having
been given for all the volunteers to go home the next day, Governor Stevens made a
requisition on Lieutenant-Colonel Steptoe for- two companies of troops and his mountain
howitzers. He answered that he had moved his camp to a point on Mill creek, seven or
eight miles abo^•e Governor Stevens' camp ; and that General W^ool's orders to him did not
allow a compliance with the requisition.
Governor Stevens, before the arrival of Lieutenant-Colonel Steptoe, had addressed him,
urging that they should camp near each other, " to show the strength of our people and
the amity of our councils." Captain David N. Russell, on his way from Yakima, was
addressed by Governor Stevens to the same effect. On the arrival of Lieutenant-Colonel
Steptoe, Governor Stevens personally urged the same course. The governor, on being
I refused, called back Captain Goff 's company, sixty-nine men, rank and file, and retained
them as guards to his camp. The council opened on the eleventh, and continued for two
days. On the thirteenth, so alarming had become the condition of affairs, that the
i goveriior addressed a confidential note to Lieutenant-Colonel Steptoe, advising him that
one-half of the Nez Perces were unquestionably hostile, that so were all the other tribes
i with very few exceptions, and that a company of his troops was essential to the security
of the governor's camp. Lieutenant-Colonel Steptoe replied : " I regret extremely that
you think a companj^ of my troops to be ' essential to the safety ' of 3^our camp. In a
previous communication, I suggested that, if 3'ou distrusted the safety of your position,
the council might be adjourned to a more convenient time and place. As you know, my
camp for the winter is in preparation. The train has been unloaded and sent back to The
Dalles ; and much valuable property, which cannot now be removed, lies on my camp ground.
If the Indians are therefore really meditating an outbreak, it will be difficult for me to
provide for the defense of my camp, and impossible to defend both camps. Under these
circumstances, if you are resolved to go on with your council, does it not seem more
reasonable that you shall move your camp to the vicinity of mine?" He then offers a
"i company of dragoons to bring up the governor, and closes by advising him as to the
i embarrassment occasioned by a request for troops, as he cannot detach any, in execution
of certain instructions received from General Wool. «
At the suggestion of Lieutenant-Colonel Steptoe, Governor Stevens moved his party,
train and supplies, with Gofif's company of volunteers, to the vicinity of Steptoe's camp.
On his way to camp, the Governor met Kamiakin and his band. The governor reported
to the Secretary of War (i) : " It is probably owing to no one being advised of my
intention to move till the order was given an hour before I started, that I was not attacked
on the road. Kamiakin had unquestionably an understanding, as subsequent events
showed, with all the Indians except the friendly Nez Perces (about one-half the nation),
and a small number of friendly Indians of the other tribes, to make an attack that day or
(i) See Governor Steveus' message to Washingtou Territory legislature, 1856-57, page 89 el seq.
614 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
evening upon my camp. He found me on the road to his great surprise, and had no time
to perfect his arrangements. I had learned in the night that Kamiakin had camped on
the Touchet the night before, and that he would be in this day. The council opened on
the tenth. All the Indians were camped near. Kamiakin and his band were only
separated from the council ground by a narrow skirt of woods in the bottom of Mill creek."
All efforts to effect a treaty proved abortive. The propositions submitted by Governor
Stevens to the tribes present were " unconditional submission to the justice and mercj- of
the government, and the surrender of murderers for trial."
That afternoon, Lieutenant-Colonel vSteptoe informed those Indians that he came there
to establish a post, not to fight them; and that he hoped they would get along friendly.
The next afternoon was appointed for a conference; but the Indians failed to appear. They
had followed Governor Stevens, who started for The Dalles about eleven o'clock in the
forenoon, and attacked him about one o'clock in the afternoon within three miles of
Steptoe's camp.
In the official report of the governor to the Secretary of War before quoted, the
governor proceeded : " So satisfied was I that the Indians would carry into effect their
determination in the councils in their own camps for several nights previously to attack
me, that, in starting, I formed my whole party, and moved in order of battle. I moved on
under fire one mile to water, when, forming a corral of the wagons, and holding the adjacent
hills and the brush by pickets, I made my arrangements to defend my position and fight
the Indians. Our position, in a low, open basin, some five or six hundred yards across, was
good; and, with the aid of our corral, we could defend ourselves against a vastly superior
force. The fight continued till late in the night. Two charges were made to disperse the
Indians, the last led by Lieutenant-Colonel Shaw in person, with twenty-four men. But,
whilst driving them before him, — some one hundred and fifty Indians, — an equal number
pushed into his rear; and he was compelled to cut his wa}^ through them towards camp.
Drawing up his men, and aided by the teamsters and pickets, who gallantly sprung
forward, he drove the Indians back in full charge upou the corral. Just before the charge,
the friendly Nez Perces, fifty in number, who had been assigned to holding the ridge on the
south side of the corral, were told by the enemy : ' We came not to fight the Nez Perces,
but the Whites. Go to your camp or we will wipe it out.' Their camp with the women
and children was about a mile distant, to which I directed the Nez Perces to retire, as I did
not require their assistance; and I was fearful that my men might not be able to
distinguish them from the hostiles, and thus friendly Indians might be killed.
" Towards night I notified Lieutenant-Colonel Steptoe that I was fighting the Indians,
that I should move the next morning, and expressed the opinion that a company would be
of service."
To 'this Lieutenant-Colonel Steptoe replied :
Governor Stevens, " Camp, Sept. 19, 1856.
Council Ground,
Gin>ernor : I have just received your note asking that the dragoons be sent to }^our
aid. Now, the Cayuses have burned all the grass near me. I shall have to send my
animals quite a distance for grass; and, if I send the dragoons to yon, I shall be unable to
herd them. Besides that, the company could not return to me for some time; and the
Indians would probably turn all their attention to the few men left with me. I have no
blockhouses, and shall expect to be annoyed much. Under these circumstances, do you
COLONEL STEPTOE ASKS THE VOLUNTEERS TO ESCORT HIM. 615
not tliink I had better use j-our train and move with you to the Umatilla, or some point
beyond, where re?/ would be safe from molestation and / could find grass abundant? If
I had my train, I would not hesitate a moment, but would join you in the morning with
ray whole command rather than part with the only mounted men I have. Jllia/ do von
//link of rctiiDinig to tins cantp to-night or in tlic morning^ taking my baggage up in your
wagons, and our moving off together ? Let me hear from you by Richard. I cannot help
' thinking that, if you abandon (burn up) your wagons, you can easily get through with
your pack animals. But what think you of my plan of going together?
" Yours in haste, E. J. vStei'Toe.
" I could probably send you Fletcher's company with most ease ; but I think it is best
for both of us that you lose a day and take up our baggage.
"Lieutenant-Colonel E. J. Steptoe."
This arrangement was assented to by Governor Stevens; and his report proceeds:
" Lieutenant-Colonel Steptoe sent to my camp Lieutenant Davidson, with detachments from
the companies of dragoons and artillery, with a mountain howitzer. They reached my camp
about two o'clock in the morning. Soon after sunrise, the enemy attacked the camp, but
were soon dislodged by the howitzer and a charge by a detachment from Steptoe's
command."
■ Lieutenant-Colonel Steptoe built a blockhouse and stockade on Mill creek, where a
company was left to defend it. The governor started for The Dalles on the 23d of
September, reaching there October 2d. In the governor's engagement on the ninteenth,
his force consisted of Goff's company, sixty-nine men, rank and file, and fifty teamsters
and employes. The train consisted of five hundred animals, not one of which was lost.
He estimated the Indian force at four hundred and fifty. The loss of the governor's
command was one man mortally, one dangerousl}^, and one slightly, wounded. The
Indian loss was thirteen killed and wounded.
It will have been remembered that, in June last. Governor Stevens, as superintendent
of Indian affairs for Washington Territory, had announced to Colonel Wright his readiness
to receive and provide for such hostiles as should come in and disavow further hostility,
and consent to live on the reservations as friendly Indians. He had excepted from the
general amnesty certain hostile chiefs of Puget Sound, who had signed the treaties and
almost immediately thereafter had instigated hostilities, and had participated in the horrible
murders and massacres at and near Puget Sound in the fall of 1855. The names of those
who were denied immunity were Leschi, Quiemuth, Kitsap, Nelson and Stehi. For
prudential reasons, Colonel W^right declined action at that time upon the governor's
demand for the surrender of those murderers for trial. On the 19th of August, the
governor renewed his demand for the delivery of the Indian chiefs above-named for
trial. On the 4th of October, Colonel Wright advised the governor : " I delayed action
on the subject, expecting your speedy return from Walla Walla, where I was anxious
to have a personal interview with you. You know the circumstances under which the
Indians referred to were permitted to come in and remain with the friendly Yakimas.
Although I have made no promises that they should not be held to account for their
former acts, yet, in the prcsoit unsettled state of our Indian relations, I think it would
be unwise to seize them and transport them for trial. I would, therefore, respectfully
suggest that the delivery of the Indians be suspended for the present."
616 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Governor Stevens immediatel}' answered Colonel Wright : " I have received your
letter of this date, in answer to my requisition for the delivery of Leschi, Nelson,
Ouiemuth, Kitsap and Stehi, to be sent to the Sound to be tried by the civil authorities.
Those men are notorious murderers, and committed their acts of atrocity under
circumstances of treachery and blood-thirstiness almost beyond example. All belong to
bands with whom treaties have been made ; and, in the case of all except Nelson, the
treaty has been sanctioned by the Senate; and the execution of the treaty has been placed
in my hands. Whether a treaty has been made or not, I am of the opinion that men
guilty of such acts should be at least tried, and, if convicted, punished. More especially
should this be done in cases where, by treaty stipulations, provision is made for the
punishment of such offenses. If the condition of things is so unsettled in the Yakima
that the seizing of these men, after such arrangements as to time, etc., as necessarily
comes within the discretion of the force making the seizure, will lead to war, the sooner
the war commences the better. Nothing, in my judgment, will be gained by a
temporizing policy. The war commenced on our part in consequence of the attempt
to arrest the murderers of Bolon, Mattice and others, on the requisition of the acting
governor of the territory of Washington. If this demand is not inflexibly insisted upon,
and peace is made on milder terms, it will be, it seems to me, a criminal abandonment
of the great duty of protecting our citizens, will depreciate our standing with the Indians,
and pave the way for wars hereafter. I must, therefore, again respectfull}' make
requisition for the delivery of the Indians mentioned, in order that they may be sent to
the Sound to be tried by the civil courts. The particular mode and the special time of
making the seizure rests with 3?our discretion. I shall send Special Agent Shaw to the
Yakima to take charge of the Indians you have officially reported to me to be friendly,
and of Indians that I propose to incorporate with them. He will have instructions not,
under any circumstances, to receive those Indians on the reservation."
On the i6th of October, Colonel Wright addressed Major Garnett, Ninth Infantry,
commanding Fort Simcoe : " I have received a requisition from Governor Stevens,
Superintendent of Indian Affairs for Washington Territory, for the delivery of Leschi,
Nelson, Ouiemuth, Kitsap and Stehi, to be sent to the Sound to be tried b}- the civil
authorities. I have determined to comply with the requisition of the governor. You will
therefore deliver up the Indians named (i) at the earliest moment practicable, having a
due regard to the condition of affairs in the Yakima countr}-. I have the assurance of
the governor that these Indians shall be fairly dealt with. Make a full explanation to the
chiefs and friendly Indians, and assure them that it is for their interest that these Indians
should be delivered up and tried."
On the 19th of October, General Wool directed Colonel Wright to proceed in person
to Walla Walla as soon as possible, to attend to the establishment of the post, as before
directed, in that vicinity, and sent Captain Wyse's compan}^. Third Artillery, to reinforce
his command. " It is also of the highest importance that you, the senior officer (the chief
man), should see and talk with all the tribes in that region, in order to ascertain their
wants, feelings and disposition towards the Whites. Warned by what has occurred, the
general trusts 3'ou will be on your guard against the Whites, and adopt the most prompt
and vigorous measures to crush the enemy before they have time to combine for resistance,
also check the war, and prevent further trouble by keeping the Whites out of the Indian
country."
(i) The Indians named were sent to tlie Sonnd, All were indicted for murders h\ them committed. Leschi was convicted and hanged.
Quiemnth was assassinated by the sou-inlaw of Lieutenant James McAllister, whom he had treacherously murdered in October, 1S55. The
others were severally tried and acquitted.
^.._.,,aet
HON. CLANRICK CROSBY,
CENTRALIA.W T.
TREATY OF PEACE WITH THE HOSTILES. 617
Ou the 31st of October, Colonel Wright reported: " I have selected the position on
Mill creek, six miles above its junction with the Walla Walla river, for the post." The
Indians dispersed after Governor Stevens' abortive effort to treat with them in September.
About fort}- attended a council convened by Colonel Wright, among whom were the chiefs
Red Wolf, Eagle from the Light, Howlish-wampum, Tintou-metey, Stickus, two sons of
Looking Glass, besides several sub-chiefs and head men of the Nez Perces and Cayuse
nations. They all inveighed against the treaty of 1855, and denounced Lawyer as having
sold their country. Eagle of the Light said : " I understand that Colonel Wright came
here to straighten out things, and to know whether the bloody cloth was to be washed and
made white, and all that is past forgotten, or whether the war was to be continued
between the Whites and red men. For my part I am for peace. I desire to see the
good talk of the white chiefs and the Indians planted in good soil and grow up together.
I desire to live in peace and harmony with the white people."
Colonel Wright replied : " The bloody cloth should be washed ; and not a spot
should be left upon it. The Great Spirit, who created both the Whites and the red
men, commanded us to ' love one another.' All past differences must be thrown behind
us. The hatchet must be buried ; and, for the future, perpetual friendship must exist
between us. The good talk we have this day listened to should be planted and grow
up in our hearts and drive away all bad feelings, and preserve peace and friendship
between us forever. Put what I say in your hearts; and, when you return to your homes,
repeat it to all your friends."
In reporting the proceedings of that council to the commanding general. Colonel
Wright also added : " I am fully satisfied that, with all that has been said, peace
and quiet can easily be maintained. The Indians are perfectly satisfied with the
establishment of a military post here (Walla Walla). All they want is quiet and
protection. I must express my decided opposition to the Treaty of Walla Walla, and
pray it may never be confirmed. All the chiefs in this and the Yakima country whom
I have seen are violently opposed to it. Give them back those treaties, and no cause of
war exists. They proclaim that unfair means were used ; whether so or not, they will
not be contented until those treaties are restored (i).
On the 2ist of November, Governor Stevens, when he had been advised of the action
of Colonel Wright, in treating with the party of hostiles who but a short time before had
attacked him when returning from a council held by him as superintendent of Indian
affairs for Washington Territory, made this earnest protest to the Secretary of War: " It
seems to me that we have, in this territory', fallen upon evil times. I hope and trust
that some energetic action may be taken to stop this trifling with great public interests,
and to make our flag respected by the Indians of the interior. They scorn our people
and our flag. They feel that the}' can kill and plunder with impunity. They denominate
us a nation of old women. The\- did not do this when the volunteers were in tlie field.
I now make the direct issue with Colonel Wright, that he has made a concession to the
Indians which he had no authority to make ; that by so doing he has done nothing but
get a semblance of peace ; and that, by his acts, he has in a measure weakened the
influence of the service having the authority to make treaties, and having charge of the
friendly Indians. He has, in my judgment, abandoned his own duty, which was to
reduce the Indians to submission, and has trenched upon and usurped a portion of mine."
(i) This language evidently means: I'nlil the lands to which the Indian title had by those treaties been extinguished shall be restored to
the condition which existed before tlie treaties were made.
618 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
On the iSth of December, 1S56, General John E. Wool, the commanding general of
the Department of the Pacific, made official announcement : "The mail has arrived from
Oregon, bringing the gratifying intelligence from Colonel Wright and Lieutenant-Colonel
Case}' that all is peace and quiet in the two territories, Oregon and Washington. Under
present arrangements, I don't believe that the war can be renewed by the Whites. The
posts are well arranged to preserve peace and to protect the inhabitants from any hostility
on the part of the Indians residing in the territories."
Chief among the spirits who had set on foot that far-reaching conspiracy to check
white appropriation of the territory of the great Northwest, which culminated in the
Oregon-Washington Indian war of 1855-56, and embraced so many hostile Indian bands
within the area north of the Calipooia Mountains, were those two old and crafty chieftains,
Peu-peu-mox-mox and Kamiakin. The former to a great extent, if not entirely, was
animated b}' the desire to avenge the death of a son murdered years before by white men
in California. Against the white race he had declared unrelenting hostility. The latter
was the unchanging and persistent foe of white occupancy of the country. Kamiakin,
with the vaster aim, was the great projector of the hostile combination, and of the
methods which he believed would contribute to its success. Through his direct instigation
of the Klikitats, who, dwelling east of the Cascade Mountains, yet crossing constantly
that mountain chain and intermingling with the western tribes, and with whom close
relations had been formed by intermarriages, he had succeeded in enlisting such bold,
restless and insidious chieftains as Kanaskut, Leschi, Ouiemuth, Kitsap, Nelson and Stehi
to commence the outbreak against the defenseless settlements of Pnget Sound and its
unsuspecting, unarmed settlers. That uprising on Puget Sound rendered it necessary
that all available troops should be required west of the Cascade Mountains to protect
the Sound settlements. Thus also was erected a barrier to the approach of the W^iites
into the Yakima country, which was effectual to deter any white man from entering the
country of Kamiakin. Having murdered in cold blood all the unwary and unarmed white
travelers as they journeyed alone or in small parties through the Yakima country, and
the Walla Wallas and Cayuses, under the lead of Peu-peu-mox-mox, having robbed and
dismantled old Fort Walla Walla, in the country of the latter chief, an effectual Indian
interdict had been established against the white settlement or occupauc}' eastward of the
Cascade Mountains. To continue such a condition of affairs, to regain, perpetuate and
maintain the integrity of the sole and exclusive Indian occupanc}- of that region, the old
chiefs and their coadjutors set about to enforce the continuance of that interdict. For
such purpose and object, war was commenced by the Indians and waged by the confederate
hostile tribes. Those chiefs and their observing people were thorough!}' acquainted with
the fact that there were comparatively no United States forces present in the territor}', —
none within the area of hostile operations. None better than they appreciated that the
number of troops was eutirel}^ insufficient to accomplish the purpose of their presence, and
that their distribution and the location of posts were entirely inadequate even to check,
much less overcome, a hostile combination of any material portion of the native population.
And so those wary chieftains, seconded by lieutenants of consummate skill in Indian
warfare and strateg}-, made haste to profit by the condition of affairs, a condition of things
for which the government of the United States, through the culpable inefficiency of the
general commanding the Department of the Pacific, was directly responsible.
Kamiakin incited the confederate hostile Indian tribes to go to war to keep the Whites
out of the countr3^ In that purpose he was ably supported by the sullen and revengeful
Peu-peu-mox-mox, who but impatiently awaited his opportunity for vengeance against the
GENERAL WOOL ANNOUNCES THE WAR AT AN END. 619
race who had slayed his first born ; who, at the Walla Walla council, had accepted
largesses to secure his good will and his influence with his people ; who had pretended
that his anger had been placated, and that he had become conciliated ; who subscribed his
name to that treaty with apparent cordiality; who then retired to his lodges to plot against
those whom he had so egregiously deceived, and whom at that council ground, with his
compeer in duplicity, the great Kamiakin, he had ahead}- conspired to betray.
That quasi peace was but the proclaimed continuance of the assurance by the U. S.
Army officers to the hostile Indians, " We came not into your country to fight, but merely
to establish posts." It now ofiicially announced the close of a war by General Wool,
which he had never commenced to prosecute as war. It was but the unblushing
publication of a policy inspired alone by him, and executed under his orders by officers,
whom he had handicapped in the enemy's countrj' by instructions, the observance of
which was but the triumph of Kamiakin. It was the official humiliating concession to
the hostiles of everything that they had demanded, or had inaugurated the war to
accomplish, viz., the keeping of white settlers out of their country; — save alone the
isolated fact, that the Indians had made no resistance to or protest against the
establishment of military posts within their territory. That failure to protest against
the erection of posts was the only evidence of passive submission by the hostiles ; yet
with what avidity was the fact seized b}' General Wool to assure him that he was occupying
the Indian territory by his troops, and that those troops were remaining there in peaceable
possession ! What a naked and barren victory, which proved too much ; for it meant
nothing except that armed troops within fortified posts were the only white men who could
occupy such country. It too palpably demonstrated a suspension of hostilities patched
up by appealing to the Indian : " Let my troops stay here ; and I will protect 3'ou and
keep out the white settler."
General Wool, in the execution of his plan of campaign by his army of occupation,
not for making war, had effectually accomplished the aim of Kamiakin in the instigation
of the outbreak. The commanding general had avowed upon several occasions his policy
of protecting the hostile Indians against the Whites, and of expelling them from, and
keeping them out of, the country. In fact, there appears to have been a common object
actuating both Kamiakin and General Wool : Both were equally determined that the
Whites should not settle in nor occupy the country of Kamiakin or Peu-peu-mox-mox ;
both were equall}- hostile to the volunteers of the two territories, who sought to save the
country for white settlement ; both were averse to any hostile demonstration against the
Indians ; both were willing that Governor Stevens should be cut off and his part}^
sacrificed, when official duty compelled his presence in the Indian territory ; both alike'
cordialljr hated the people of the two territories. Could Kamiakin have asked more than
the performance of Wool's orders ? — " Leave a company and a howitzer to protect the
Cayuse Indians against the volunteers." * * * " Warn Colonel Shaw and his
volunteers to leave the country ; and, should they fail to comply, arrest, disarm and send
them out." How it must have delighted old Kamiakin when he had interpreted to him
that interdict against white settlement: "No emigrant or other white person will be
permitted to settle or remain in the Indian country." Glorious duty for American troops
to protect the blood-stained murderers of our people, to stand guard that the spirit of
treaties shall be violated, that Americans may not occup\' America and every part of its
domain !
Thus through the direct agency of, and in the execution of the orders issued by,
the major-general commanding the department, Kamiakin amply and effectually secured
620 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
every result for which he had made contention. Yes, that inglorious campaign, or rather
its most "lame and impotent conclusion," illustrated that the war policies of Kamiakin
and General John E. Wool were respectivel}- one and the same ; that their purposes and
objects were in unison. Barring the fact that he had consented by treat}- to white
occupancy, it was patriotism in Kamiakin to hate the presence of white settlers in the
country of his ancestry, to inspire him to resist the absorption of his territory, and "to
welcome them with blood}- hands to hospitable graves." With General Wool the case was
entirel}' different. His exalted position afforded the opportunity to have accomplished so
much. The people expected his protection. He denied them even his sympathy. In
that important trust with which he had been invested, his avowed hostilit}^ to our people
was vastl}- more dangerous and damnifying than Kamiakin and his hosts. Our volunteers
had met in the field and successfully resisted the further advance of the hostile legions.
But they and all of lis were powerless to secure the S3'mpathy of General Wool, or to
withstand the evil effects of an administration of military affairs while he was the
commanding director. He refused to repress Indian hostilities himself; nor would he
allow the gallant officers and troops under his command to do any act which savored of
making war against the Indians, or of administering chastisement to the murderers of
our people.
History will accord to him whatever merit ma}- be due in securing the accomplishment
of Kamiakin's purposes, and for the adoption of Kamiakin's policy to govern his campaign.
But, while it will award credit to the Indian projector because of his sagacity in
accomplishing Indian purposes, it will fail to find reason for lauding the motives or the
efforts of one whose highest duty was to defeat the accomplishment of Kamiakin's
scheme to exterminate the white settlers of Washington and Oregon. To the one,
measurably extenuating even murder and robbery when perpetrated by a savage in
obedience to his education, traditional mode of making war and native instincts of
character, it will cover his acts, however brutal, with the mantle of charity, and credit
him with patriotic prompting. Would to God there was some extenuating circumstance
to justify the other in refusing to allow the punishment of the murderers of his race,
men, women and children, in cold blood, and who were afterwards immolated; — something
which could explain the origin and cause of that worse than savage prejudice which never
for a moment ceased to actuate the major-general of the Department of the Pacific in that
campaign which closed as it began. It left all of Eastern Washington in the actual
occupancy of unpunished, unsubmissive, hostile Indians, who were reinforced by United
States troops at several military posts, present in the Indian country with the avowed
purpose of holding it against the entry or settlement by emigrants or other white persons.
In that campaign, no hostility had been so apparent to the white settlers, authorities and
volunteers of Oregon and Washington, no vindictiveness so intense, no race-antipathy
so malignant, as that which marked the conduct and imbued the orders of General John
E. Wool. How reluctantly is performed this duty of chronicling. With that campaign
was closed a hitherto long, brilliant and patriotic career in the service of his country.
In it he fell short of what the people had a right to expect. With skillful and experienced
oflficers, and an ample sufficiency of troops to subdue the hostiles, he preferred they should
passively concede all that an insolent savage foe demanded. His motive in such a course,
as displayed by his acts and the record he left, was actuated by persistent and unrelenting
prejudice which rose to enmity against the territories of Oregon and Washington, their
patriotic governors, their brave and sacrificing citizen-soldiery, and their neglected people.
s^
■.1
^sr*
^
1
F. R. H I LL,
WILBUR, OR
MRS.DELINDA HILL.
WILBUR, OR.
HON. JAMES G.SWAN
PORT TOWNSEND.W.T.
J.T.HUNSAKER,
WOODBURN, OR.
MRS. EMLY HUNSAKER,
(DECEASED)
Chapter LVI.
(1858.)
Campaign of General Clarke and Colonel Wright, in the Conntry East of the
Columbia Kiver and North of Walla Walla — The Peace of 1856 Abortive —
Kamiakin Still Inaugurating Hostile 3Iovements — Combination of Hostile
Eastern Tribes, and Motives of Hostility — Indian Depredations in Walla Walla
Region — Expedition of Lieutenant-Colonel Steptoe, and His Disastrous Defeat
— Colonel Wright's Views of the Campaign Necessary — Treaty With the Nez
Perces — Colonel Wright Sets Out on Northern Expedition — Battle of Four
Lakes — Battle of Spokane Plains — The Spokanes Submit — The Cteur d'Alenes
Submit — Death of Owhi and (Jualchen — Submission of the Palouses — The
War Ended.
HOSTILITIES of the Indians in tlie interior who had taken part in the outbreak
of 1855-56 were not terminated by the so-called peace made under General Wool's
orders in prosecuting the campaigns of the regulars in 1856. It was a mere suspension
of open hostilities ; and at no time had there been an indication that the Yakimas,
Palouses, Cayuses, and all those bands and tribes which had refused to treat with Governor
Stevens at Walla Walla in September, 1855, had been subdued, or had become reconciled
to the United vStates authorities or to the presence of American citizens in the hitherto
hostile country. Indeed, the temporary lull in hostilities had depended upon the fact that
the United States troops were in the hostile territory to keep out white persons, as a
condition of the Indians maintaining a quiet deportment towards the soldiers, and
submitting to the presence of military posts. Through all of 1S57, there had been
constant apprehensions of a renewed outbreak. In the winter of 1S57-58, the Catholic
fathers in the upper country apprised their brethren at Vancouver that they had labored
incessantly to pacif}- the Indians, — the Cayuses, the Yakimas, the Palouses and other tribes
in their vicinity, — but that a general uprising of the Indians towards the commencement
of spring was feared (i). Another statement of the Catholic fathers was that, when
Governor Stevens was at Spokane Prairie (winter of 1855), the Spokane Indians demanded
that troops should not pass the Walla Walla river.
In the winter of 1 85 7-5S, prominent chiefs of the Spokane and CcEur d'Alene nations,
speaking the sentiments of their followers or bands, said, " If the soldiers exhibit
themselves in this country, the Indians will become furious." Everj-thing indicated that
the Yakimas, the Cayuses and the Palouses had not been pacified, and that they were as
unfriendly as ever. To those tribes who had been hostile were now added the Spokanes
and Coeur d'Alenes. Among them, Palouse emissaries had labored with great success to
incite them to hostile feeling against the Whites. Kamiakin, Owhi and Oualchen, the
implacable leaders of the Yakima nation, not to say of the confederate hostile tribes east
(l) Father Hocken to a brother priest. Father Joset to Father Cougeato.
( 621 )
622 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
of the Cascade Mountains, had never submitted to the troops, and had never accepted the
amnesty. They had marched before Colonel Wright's column in 1S56; and as he
advanced they retired, and then crossed the Columbia river to incite to hostility those
tribes who had not been visited by General Wool's missionaries of peace. Those leaders
took up their residence with the Palouses, a tribe as hostile as themselves. A large
portion of the Yakimas, thus abandoned by their most influential leaders, had gone to the
Simcoe reservation to be fed, and were friendly. Kamiakin still continued general-in-chief
of the hostile Indians. He was at this time at the head of the Palouses, a tribe who, in
1S55, at the council of Walla Walla, was classified as one of the fourteen bands constituting
the Yakima nation, of which Kamiakin was then, and ever since had been, the head chief.
Of course he was their chieftain. The disaffected Yakimas had merged into and swelled
the number of the Palouses, who had become very numerous, embracing the Palouse
bands proper, the affiliating Yakimas, many restless young spirits who found gratification
in war, and all the renegades of every neighboring tribe. Those Palouses were noted
horse-thieves. One of their number, Tilcoax, had for years successfully pursued that
calling, and by his proficiency had accumulated about eight hundred head of horses. He
had earned the highest consideration among his brother outlaws, not only because of that
wealth, but because he had proved himself to be the successful despoiler of their enemies.
For such great merit in their eyes, he had been elevated to the position of chief, and
shared equally the authority with Kamiakin.
The astute Kamiakin cordially accepted Tilcoax as his co-ordinate in rank, because
it enabled him to use the furtive Tilcoax to harass and prey upon the Whites, to
provoke the resentment of the garrison at Fort Walla Walla b}^ the stealing of stock,
which would sooner or later be followed by an expedition against the Indians to recover
the property and punish the marauders. Histor}^ was about to repeat itself. It was
Kamiakin's real aim to draw Colonel Steptoe and his little command from the post
and serve them as he had Haller's detachment in 1855, in the Yakima countr3^
Kamiakin was still the same unrelenting and unconquerable enemy of the white
race, and of white settlement within the territory. He was the same wary and persistent
strategist as when he planned the outbreak in the summer of 1855, to draw out the
garrison from Fort Dalles and induce its march into his country, where he could and did
surround them, and, as he supposed and intended, cut them to pieces. As one of the
details of that campaign, he had instigated the simultaneous massacres upon Puget
Sound, which had necessitated the keeping there of all available forces to protect those
settlements, and thereby had prevented Major Haller from receiving help from that
quarter. Kamiakin having thus isolated Haller, he expected him to become an easy
prey. Haller was compelled to retreat to The Dalles without having accomplished any
purpose ; and the hostile Indians had been encouraged by that first conflict with the
United States soldiers. The same tactics were about to be renewed in a different field, but
under the direction of the same master mind. The Palouses were already hostile. The
Spokanes and Coeur d'Alenes had been insidiously and industriously labored with, and
their prejudices inflamed against the approach of soldiers into their country.
The survey of the INIullan road from Fort Benton to Fort W^alla Walla, which the
Indians had been advised was to be made that spring, was the circumstance relied upon
to convince the Spokanes that the troops were about to occupy the countrj- ; and thus
the Spokanes were incited to the highest pitch against the soldiers and their purpose,
or presence in the country. Such feeling engendered, then followed immediately the
I
KAMIAKIN STILL INAUGURATING HOSTILE MOVEMENTS. 623
murders of the miners near Colvile, which were committed to provoke hostilities, and were
designed as and did become the occasion of Colonel Steptoe making a northern expedition
towards the Spokane country. Upon the arrival of Colonel Steptoe and his force within
their countr}-, the predictions of the malcontents had been verified. The Spokanes and
Coeur d'Alenes, as expected, united with the Palouses, Yakimas and Walla Wallas to
destroy the invaders. Such was the plot ; and all that time it had been the study and
work of Kamiakiu, the wily chieftain and conspirator, the ablest savage general west of
the Rocky Mountains. Such were the acts of those very Indians referred to in the
several communications of General Wool to the government, in the winter of 1S56-57.
Since his vain-glorious heralding of peace, the preparations for a hostile campaign and
the renewed declaration and incitement of hostilities had been the pastime, the only
occupation, of those friends of General Wool whom he had taken under his protection.
On the 3d of January, 1S57, that distinguished deluded official, if not the sympathizer
with, and apologist of, Indian murderers, had written : " For the information of the
lieutenant-general commanding the army, and the Secretary of War, I have the honor
to report that peace and quiet pervade throughout the Department of the Pacific, and I
have no doubt will thus continue as long as the Indians are treated with ordinary justice.
Efforts, for reasons heretofore again and again presented by me, no doubt will be made
to disturb the quietude of the department, which I think will not succeed. The
disposition of the troops is such as not only to prevent it, but to give protection to the
white settlements, and to restrain the Indians should they exhibit indications to renew
the war, which, from the information which I have received, I do not in the least
apprehend. From the Indians east of The Dalles and the Cascade Range of mountains,
no danger is anticipated. They will not interfere with the Whites, if the latter will only
let them alone and not plunder them of their horses, cattle and women. If the money
appropriated by Congress to preserve peace with the Indians could be properly applied
and expended, I am confident there would be no future war with the Indians in the Pacific
Department, unless unnecessarily and improperly provoked by the Whites, who have
hitherto unjustly been the cause of all the Indian wars in California and Oregon,
including the crusade of Governors Curry and Stevens against the Walla Walla tribe,
etc., during the winter and summer of 1856."
The Indian country occupied by Colonel Steptoe was under an interdict. No Whites
were allowed in it except the miners at Colvile and the Hudson's Bay Company's emplo3'es.
There were no Whites there to interfere with the Indians. The country was occupied by
General \\"oors peaceable Indians and the United States regulars he had sent to Fort
Walla Walla, commanded by Lieutenant-Colonel Steptoe.
Early in x^ugust, 1S5S, Indians of the Palouse tribe had stolen horses and cattle
belonging to various persons, Indians and Whites, and had driven off thirteen head of
beef cattle belonging to the garrison (i). The Spokane Indians, as Colonel Steptoe had
been advised, were very restless. Forty persons living at Colvile had petitioned Colonel
Steptoe for the presence of troops, as the}' believed their lives and propert}' to be in
danger from hostile Indians. The agent of the Hudson's Bay Compau}' at Fort Colvile,
in forwarding the petition, had joined in the complaint. Two white men on their way to the
Colvile mines had been murdered near the Palouse river; and the names of the murderers
had been furnished by a friendly Indian to Colonel Steptoe. These predatory acts,
(i) official letter of Lieiitenant-Colotiel E. J. Steptoe, .\pril 17, 1S5S, to the adjutant general of the Department of the Pacific Report of
Secretary of War, 1858-59, page JM.
624 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
instigated by Kamiakin, had produced the intended effect. Upon the confirmation of the
reports, Lieutenant-Colonel Steptoe determined upon making an expedition to check
further outbreaks, and, if possible, to adjust matters. On the 6th of May, the command
consisted of three companies First U. S. Dragoons, viz. : Company C, Captain O. H. Taylor
and Lieutenant James Wheeler, Jr. ; Companj' E, Lieutenant William Gaston ; Company
H, Lieutenant D. McM. Gregg ; also a detachment of twentj^-five men of Company E,
Ninth Infantry, Captain Charles S. Winder, in charge of two howitzers ; Lieutenant H.
B. Fleming, acting Assistant Quartermaster and Commissary, and Assistant Surgeon
Randolph, — in all, five company officers and one hundred and fifty-two men. One
hundred pack mules had been required for the transportation of the outfit. The last
animal had been packed ; but the ammunition remained on the ground without provision
for its transportation. Strange as it may appear, instead of procuring another pack
animal, that supply of ammunition, the one thing needful above all others, was reconveyed
to the magazine ; and that expedition started on its campaign into the hostile country
with intent to make war, if necessary, without ammunition save what happened to be in
the cartridge boxes of the soldiers.
The route was through what constituted the present counties of Columbia and
Garfield, striking the Snake river at the mouth of Alpowa creek. At that point Timoth}^,
a friendly Nez Perce chief, resided with his band. Since the first advent of the Whites
to the region, he and his people had been the constant friends of our race. They ferried
the command across Snake river ; and Timothy, with three of his warriors, determined to
accompany it. On May i6th, the expedition had passed north of Pine creek; and as it
approached Four Lakes, the Indians, who had appeared in large numbers in front, became
defiant. Insolently they informed Lieutenant-Colonel Steptoe that if he proceeded farther
north they would attack him. He parleyed with them, denied that any hostile intent
actuated the expedition, and promised to turn back the next morning. He insisted that
necessity for water compelled his camping for the night at the lakes. At three o'clock on
the morning of the seventeenth, he started to return. By daylight the enemy had
surrounded him. Another talk between Steptoe and the Indians followed. Steptoe was
talking with a Coeur d'Alene called Soltees. Father Joseph, their missionary priest,
interpreted. The Cceur d'Alene assured Steptoe that no attack would be made by the
Indians. He then shouted something to his people. One of Timothy's friendh' Nez Perces
named Levi struck Soltees over the head with the handle of his whip, saying, " What for you
tell Steptoe no fight, and then say to your people, ' wait awhile.' You talk two tongues."
A few minutes before the attack commenced. Father Joseph, the priest of Cceur d'x^lene
Mission, joined Colonel Steptoe (i) and informed him that most of the excitement
among the hostile tribes was due to mischievous reports that the government intended to
seize their lands, in proof of which they were invited to observe whether a party
(Lieutenant Mullan) would not soon be surveying a road through the country. He also
stated that the Cceur d'Alenes, Spokanes and Flatheads had bound themselves, each to the
others, to massacre any party who should attempt to make such surve3^
About nine o'clock, as the command was reaching Pine creek, which they approached
through a ravine, the Indians fired upon them from the south side and from elevated
points along their line of march. Lieutenant Gaston charged without waiting for orders,
and cleared an opening to the highlands on the south, and was followed by the entire
force. The howitzer was then iinlimbered and brought into action. Two charges followed,
(i) I.ieuteuaul-Colonel Steptoe, ISIay 23, 1S5S. Report of Secretary of War, 1S5S-59, page 350.
K^,f ^
W. H. MASTIN,
COLFAX, W.T.
f
DISASTROUS DEFEAT OF LIEUTENANT-COLONEL STEPTOE. 625
in which two privates of Company E were wounded ; and one of Tinioth3''s friendly Nez
Perces was killed by a soldier, who mistook him for a hostile. The retreat was resumed.
Sergeant Williams of Company E, U. S. Dragoons, covering the extreme rear, was
wounded. Lieutenant-Colonel Steptoe was in advance with Company H, First Dragoons,
and the pack animals. A detachment of Company C, Lieutenant Wheeler, was on the
right. Lieutenant Gaston, with Company E, U. S. Dragoons, was on the left. Captain
O. H. Taylor, with the remainder of his company (Company C), covered the rear. In
that order, the retreat continued through the forenoon. The hostiles followed, closely,
gallantl}' held in check by Captain Taylor and Lieutenant Gaston. Against great
numbers, they kept the enemy at bay until the ammunition was exhausted. Lieutenant
Gaston sent forward a messenger to Lieutenant-Colonel Steptoe to halt the command, and
afford his men the opportunity to procure ammunition. The request was not noticed.
The head of the column had reached Cache creek. Word was passed to the commander
that Lieutenant Gaston had been killed. A halt was ordered ; and, in the hand-to-hand
encounter for his dead body, the hostiles secured its possession. Captain Taylor had also
been numbered wdth the dead. Li the struggle by his comrades to rescue his body from
the savages, two of his company had been killed, and another severely wounded by an
arrow. So demoralized had the soldiers become, that when Lieutenant Gregg called for
volunteers to follow him in a charge, and relieve the rear guard, only ten responded.
The euem}' had temporarily withdrawn; and Colonel Steptoe went into camp on the spot
where the rear guard had driven back the enemy. He threw out a strong picket line,
and buried such of his dead as had not been abandoned during the retreat. A council of
war decided to bury the howitzers, and throw awa}' their stores and pack train, in the hope
that the Indians would suspend the chase while the plunder was being distributed. The
Indians were camped in the bottom, in plain sight. They had surrounded Steptoe's camp
with Indian sentinels, and only awaited the coming morrow to surround and massacre that
little force. One avenue of escape had been left unguarded ; it was a difficult pass w-hich
the hostiles believed was unknown to the soldiers, and that was an impassable route for
them to traverse by night. Timothy, the friendly Nez Perce chief, was thoroughly
acquainted with it. The night was dark. When all had become still, he led the way;
and the entire force mounted and followed in single file, as silently as possible, out
through that unguarded pass. It was a rough and bitter experience for some of the
helplessly wounded.
Colonel Gilbert, in his most interesting " Historic Sketches of Walla Walla," has
graphically described that expedition on its outward march for hundreds of miles into an
enemy's country without ammunition, and its disastrous retreat. His compilation of the
details furni.shed by members of the ill-fated party is the authority from which the
foregoing has been substantially extracted. The painful continuation of that perilous
retreat is thus narrated : " The wounded of each company were taken charge of by some
of the comrades detailed for that purpose ; and several, so badly hurt as to be helpless,
were tied upon pack animals, to be carried along with the retreating force. Among the
latter were a soldier named McCrossen, whose back was broken, and Sergeant Williams,
who was shot through the hip. The latter begged for poison, and to be left behind,
preferring death to that terrible ride. He tried to borrow a pistol from Lieiitenant Gregg,
with which to shoot himself. He was then lashed to a horse ; and a comrade led the
animal. The torture of this rough motion driving him to frenzy, he soon threw himself
from the moving rack and slipped down the animal's side. His comrades then loosened
G2G HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
the thongs binding him to the horse, and, riding awaj- into the darkness, left him there
calling upon them, in the name of God, to give him something with which to take his
life. Poor McCrossen, with his broken spine, was tied upon a pack-saddle that turned on
the mule's back; and he was precipitated between the animal's legs, when a soldier named
Frank Poisle cut the lashings ; and he, too, was left calling to his comrades, ' Give me
something, for God's sake, to kill myself with.' Through that long, dark night, the
retreating column followed, at a trot or gallop, the faithful chief upon whose judgment
and fidelity their lives depended. The wounded, except those who could take care of
themselves, were soon left for the scalping knife of the savage ; and, seemingl}' with but
one impulse, the long shadow-line of fugitives passed over the plains and hills towards
Snake river and safety. Twenty-four hours later, they had ridden seventy-five miles,
and reached that river about four miles down from where the Indian guide had lived, at
the mouth of Alpowa creek. Going up the river to near Timothy's village, the chief
placed his own people out as guards, and set the women of his tribe to ferrying the
exhausted soldiers and their effects across the stream. This was not completed until near
night of the next da3^ On the twentieth, Steptoe's command met Captain Dent, Ninth
Infantry, with supplies and reinforcements, on Pataha creek, where the road now leading
from Daj'ton to Pomeroy crosses. Here the w^orn-out fugitives went into camp for a
time to rest, and while there were overtaken by Lawyer, chief of the Nez Perces, at the
head of a formidable war party, who wished the soldiers to go back with him and try it
over again with the Northern Indians."
Lieutenant-Colonel Steptoe made the following official report of that disastrous
expedition :
" On the second instant, I informed you of ni}- intention to move northward with
a part of my command. Accordingl}', on the sixth, I left here with Companies
C, E and H, First Dragoons, and E, Ninth Infantry, in all five company officers and
one hundred and fifty-two enlisted men. Hearing that the hostile Palouses were at
Al-pow-on-ah, in the Nez Perces' land, I moved to that point, and was ferried across
Snake river by Timothy, a Nez Perce chief The enemy fled towards the north ;
and I followed leisurely on the road to Colvile. On Sunda}' morning, the sixteenth,
when near the To-hoto-nim-me, in the Spokane country, we found ourselves suddenlv in
the presence of ten or twelve hundred Indians of various tribes, — Spokanes, Palouses,
Coeur d'Alenes, Yakimas and some others, — all armed, painted and defiant. I moved
slowly along the bases of several hills, which were all crowned by the excited savages.
Perceiving that it was their purpose to attack us in this dangerous place, I turned aside
and encamped, the whole wild, frenzied mass moving parallel to us, and, by yells, taunts
and menaces, apparently trying to drive us to some initiatory act of violence. Towards
night, a number of the chiefs rode up to talk with me, and inquired what were our
motives in this intrusion upon them. I answered, that we were passing on to Colvile,
and had no hostile intentions toAvards the Spokanes, who had always been our friends,
nor towards au}' other tribes who were friendly ; that my chief aim in coming so far was
to see the Indians and white people at Colvile, and, by friendly discussions with both,
endeavor to strengthen their good feelings for each other. They expressed themselves
satisfied, but would not consent to let me have canoes, without which it would be
impossible to cross the Spokane river. I concluded for this reason to retrace my steps
at once, and the next morning (seventeenth) turned back towards the post. We had
I
REPORT OF LIEUTENANT-COLONEL STEPTOE. 627
not marched three miles when the Indians, who had gathered on the hills adjoining
the line of march, began an attack on the rear gnard; and immediately the fight became
general.
" We labored under the great disadvantage of having to defend the pack-train while
in motion and in a rolling country peculiarly favorable to the Indian's mode of warfare.
We had only a small quantity of ammunition ; but in their excitement the soldiers could
not be restrained from firing in the wildest manner. They did, however, under the
leading of their respective commanders, sustain well the reputation of the army for
some hours, charging the enemy repeatedly with gallantry and success. The difficult
and dangerous duty of flanking the column was assigned to Brevet Captain Taylor
and Lieutenant Gaston, to both of whom it proved fatal. The latter fell at twelve
o'clock ; and the enemy soon after charging formally upon the company, it fell back in
confusion and could not be rallied. About half an hour after this, Captain Taylor was
brought in mortally wounded ; upon which I immediately took possession of a convenient
height and halted. The fight continued here with unabated activity, the Indians
occupying neighboring heights and working themselves along to pick off our men.
The wounded increased in number continually. Twice the enem}- gave unmistakable
evidence of a design to carry our position by assault ; and their number and desperate
courage caused me to fear the most serious consequences to us from such an attempt
on their part. It was manifest that the loss of their officers and comrades began to
tell upon the spirit of the soldiers ; that they were becoming discouraged, and were not to
be relied upon with confidence. Some of them were recruits who had but recently joined.
Two of the companies had musketoons, which were utterl}' useless in our present condition;
and, what was most alarming, only two or three rounds of cartridges remained to some of
the men, and but few to any of them.
" It was plain that the enemy would give the troops no rest during the night,
and that they would be still further disqualified for stout resistance on the morrow ;
while the number of the enera\- would certainly be increased. I determined, for these
reasons, to make a forced march to Snake river, about eighty-five miles distant, and secure
canoes in advance of the Indians, who had already threatened to do the same in regard
to us. After consulting with the officers, all of whom urged me to the step as the only
means in their opinion of securing the safet}^ of the command, I concluded to abandon
everything that might impede our march. Accordingly, we set out about ten o'clock
in perfectly good order, leaving the disabled animals and such as were not in a condition
to travel so far and so fast, and with deep pain I have to add the two howitzers. The
necessity for this last measure will give .you, as well as many words, a conception of
the strait to which we believed ourselves to be reduced. Not an officer of the command
doubted but that we would be overwhelmed with the first rush of the enemy upon our
position in the morning. To retreat further by day, with wounded men and property,
was out of the question, — to retreat slowly by night equally so, — as we could not then be
in condition to fight all next daj'. It was therefore necessar}- to relieve ourselves of all
incumbrances and to fly. We had no horses able to carry the guns over eight}' miles without
resting; and, if the enemy should attack us en roufe^ as from their ferocity we certainly
expected they would, not a soldier could be spared for any other duty than skirmishing.
For these reasons, which I own candidl\- seemed to me more cogent at the time than
they do now, I resolved to bury the howitzers. What distresses me is that no attempt
was made to bring them off; and all I can add is that, if this was an error of judgment,
628 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
it was committed after the calmest discussion of the matter, in which, I believe, everj'
officer agreed with me.
" Inclosed is a list of the killed and wounded. The enemy acknowledges a loss of
nine killed and forty or fifty wounded, many of them mortally. It is known to us that
this is an underestimate ; for one of the officers informs me that, on a single spot where
Lieutenants Gregg and Gaston met in a joint charge, twelve dead Indians were counted.
Many others were seen to fall.
" Report of the killed, wounded and missing in the battle at To-hoto-nim-me, May 17,
185S : Company C, First Dragoons; killed, Brevet Captain O. H. Taylor, Private Alfred
Barnes ; mortally wounded, Private Victor Charles deMoy ; severel}' wounded, Privates
James Lynch and Henry Montreville ; slightly wounded. Farrier Elijah R. Birch.
Company E, First Dragoons ; killed. Second Lieutenant William Gaston ; mortally
wounded. First Sergeant William C. Williams ; severely wounded, James Kell}', William
D. Micon, and Hariot Sneckster ; slightly wounded, James Healy, INIaurice Henly, Charles
Hughes and John Mitchell. Company H, First Dragoons; killed, Privates Charles H.
Harnish and James Crozet ; missing, First Sergeant Edward Ball. Company E, Ninth
Infantry; severely wounded, Private Ormotid W.Hammond; slightly wounded. Privates
John Klay and Gotleib Berger."
Lieutenant Gregg, who commanded Company H, First Dragoons, in the Steptoe
disaster, thus referred to the fight :
" On Sunday morning. May i6th, on leaving camp, we were told that the Spokanes
were assembled and ready to fight us. Not believing this, our march was continued until
about eleven o'clock, when we found ourselves in the presence of six hundred warriors.
The command was halted for the purpose of having a talk, in which the Spokanes
announced that they had heard we had gone out for the purpose of wiping them out, and
that if that was the case they were ready to fight us, and that we should not cross Spokane
river. The Indians were well mounted, were armed principally with rifles, and were
extended along one flank, at a distance of a hundred yards. After some talk, the Colonel
told us we would have to fight; and we immediately put ourselves into position to move to
better groiind, determined that the Spokanes should fire the first gun. After marching a
mile we reached a lake, where we held another talk with the Indians, from which nothing
resulted except insulting demonstrations on their part. We dared not dismount, and were
in the saddle three hours, until the setting of the sun dispersed the Indians.
" I was ordered to move forward and occupy a hill that the Indians were making for ;
and after a close run I gained it in advance. The Indians moved around and took
possession of another one commanding that which I occupied. Leaving a few men to
hold the first hill, I charged the second and drove them off". At this time the action was
general. The dragoons, numbering one hundred and ten men, were fighting five hundred
Indians. The companies were separated from each other nearly a thousand yards, and
fought entirely by making short charges. At eleven o'clock I was reinforced by the
howitzers; and the other dragoons began to move towards the position I held, the Indians
pressing them closel3\ As E company was approaching, a large body of Indians got
between it and ray company. Seeing Lieutenant Gaston making preparations to charge
them, I charged at the same time. The result was that our companies met, having the
Indians in a right angle, where we left twelve dead Indians. After getting together we
kept up the fight for half an hour, and again started forward to reach water, moving half
a mile under constant fire, under which Taylor and Gaston fell. We finally reached a hill
1
HON.M.Z.GOODELL,
MONTESANO, W T.
COLONEL WRIGHT'S VIEWS OF THE CAMPAIGN. 629
near the suniniit ; and, the Indians having completely snrronnded ns, we dismounted and
picketed our horses on the flat summit and posted our men around the crest, making them
lie flat on the ground, as the Indians were threatening to charge the hill; but, although
outnumbering us five to one, thej^ could not succeed.
" We were kept in this position until nine P. ^r., when we mounted and left the hill ;
and after a ride of ninety miles, mostly at a gallop, and without a rest, we reached Snake
river at Red Wolf's crossing, and were met by our friends, the Nez Perces.
" It will take a thousand men to go through the Spokane country."
The details concerning that expedition, as stated by eye-witnesses and participants in
that sickening repulse to the intelligent and industrious author of " Historic Sketches of
W^alla Walla," have been admirably summed up into an interesting chapter. Several
other statements made do not materially vary from that narrative. All agree: ist. That
the command of Lieutenant-Colonel Steptoe was very badly worsted b\' the hostiles, and
that they made a very miraculous escape from the trap set by Kamiakin ; and that it
would have been much more magnanimous and creditable in the commander to have
admitted how greatly he was indebted to the friendl}' Indian, Timothy, for that escape.
2d. That he was criminally negligent in starting upon such an expedition without
ammunition. 3d. That he largel}^ magnified the number of the hostiles by whom he was
attacked; that Lieutenant Gregg's estimate is about correct as to the number in the hostile
party ; that the war party consisted of Spokanes, who furnished the largest number,
Palouses, Cceur d'Alenes, Yakimas, Walla Wallas and Lower Fend d'Oreilles.
At the time of Lieutenant-Colonel Steptoe's rout, Brevet Brigadier-General N. S.
Clarke, U. S. Army, had succeeded General Wool as commander of the Department of the
Pacific. Colonel Wright, on being advised of Lieutenant-Colonel Steptoe's disastrous
repulse from the Indian territory, at once informed the commanding general of the
department of the situation : " That all the Indians in that section of the countr}' have
combined for a general war, there is no shadow of doubt. They are numerous, active, and
perfectly acqiiainted with the topography of the country; hence, a large body of troops
will be necessary if, as I presume, it is designed to bring the Indians under subjection,
and signally chastise them for this unwarranted attack upon Colonel Steptoe. It is my
opinion that one thousand troops should be sent into the countr}', thus enabling the
commander to pursue the enemy in two or three columns." Lieutenant-Colonel Steptoe
reported : " From the best information to be obtained, about half of the Spokanes, Coeur
d'Alenes, and probably the Flatheads, nearl}' all the Palouses, a portion of the Yakimas,
and, I think, a small number of Nez Perces, with scattered bands of various pett}' tribes,
have been for some time, and are now, hostile."
On the 4th of July, 1S5S, General N. S. Clarke assigned to Colonel George Wright
the command of the troops to be employed against the Indians north and east of Fort
Walla Walla. His orders were : " That Colonel Wright proceed to Fort Walla Walla,
assume command of the troops, leave Brevet Lieutenant-Colonel Steptoe a sufficient
garrison to secure Walla Walla, and prepare to move with a column of not less than six
hundred men, as soon as practicable after the ist of August. The objects to be obtained
are the punishment and submission of the Indians engaged in the late attack on the
command of Lieutenant-Colonel Steptoe, and the surrender of the Palouse Indians who
murdered two miners in April last. These men are known to Lieutenant-Colonel Steptoe."
The Catholic Fathers Congeato and Joset had made an appeal for amnesty to the
Coeur d'Alenes, urging their penitence and their representations that they had been
630 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
deceived by Kamiakin and the Nez Perces. General Clarke was willing to receive their
submission ; but he instructed Colonel Wright : " The delivery of the insubordinate
Indians who fired on the troops, and the restoration of the howitzers abandoned by the
troops, must be conditions precedent to any accommodation." General Clarke further
instructed : " Your intention to declare martial law, and to forbid Whites to enter the
Indian country, as soon as you cross Snake river, has been made known to the
commanding general. The absolute necessity to which such an act must appeal for its
justification is not apparent; and the general forbids it. The Hudson's Bay Company
has the right of entry, guaranteed by treaty ; and this must not be denied them on the
mere suspicion that some of the emploj^es are ill disposed ; and our own citizens, from
whom no danger is to be apprehended, must not be injured in their interests."
General Clarke then adopted vigorous measures to stop the purchase by the Hudson's
Bay Company's agent at Fort Colvile of horses and other property stolen from the United
States, and the sale of ammunition to the Indians making war against the United States.
The General had received letters from Colvile stating: "I met at Colvile the Coeur d'Alene
chief, with some ten others of the same tribe. They came well mounted on United States
horses and mules. They are offering the mules for sale. Some were bought by the
Hudson's Bay Compan3^ I told the gentleman in charge that I had no orders to stop it,
but I did not think it right to furnish a market for stolen animals to the enemy. The
Hudson's Bay Company's train (some two hundred head of horses) starts in a few davs
for Fort Hope for the year's outfit. I think they are to bring some two thousand pounds of
powder, with a proportionate amount of ball. This, as a matter of course, will find its
way into the hostile camp, or at least a large portion of it. The trade in ammunition
might be stopped here ; but, as the gentleman in charge told me, we could not prevent the
company trading at Fort Forty-Nine, which is another post thirt}' miles above Colvile."
Sending copies of these to the officer in charge at Fort Vancouver, General Clarke
protested against the continuance of such unfriendly, unlawful and contraband trade. It
may also be added that James A. Graham, in charge at Fort Vancouver, and Governor
James Douglas of Vancouver Island, co-operated promptly in checking the continuance
of such acts by the employes of the company.
On the 6th of August, Colonel Wright negotiated a treaty with the Nez Perces, as
follows : " ist. There shall be perpetual peace between the United States and the Nez
Perce nation ; 2d. lu the event of war between the United States and any other people
whatever, the Nez Perces agree to aid the United States to the extent of their ability ;
3d. In the event of war between the Nez Perces and any other tribe, the United States
agree to aid the Nez Perces with troops ; 4tli. When the Nez Perces take part with the
United States in war, they shall be furnished with such arms, ammunition, provisions,
etc., as shall be necessary; 5th. When the United States take part with the Nez Perces
in war, they (the United States) will not require the Nez Perces to furnish anything to
the troops unless paid for at a fair price ; 6th. Should any misunderstanding arise
hereafter between the troops and the Nez Perces, it shall be settled by their respective
chiefs in friendly council."
Before proceeding to the campaign of Colonel Wright in the country north and east
of Walla Walla, the co-operative campaign of Major Garnett in the Yakima country must
be noticed. On the i8th of July, General Clarke, commander of the DeiDartment of the
Pacific, marched two companies of the Fourth Infantr}' from Fort \'ancouver to Fort
Simcoe, to join Major Gai'uett's command. That officer was instructed: "Leave a
COLONEL WRIGHT SETS OUT ON NORTHERN EXPEDITION. 631
sufficient force to garrison Fort Simcoe, and with the remainder take the field to punish
the Indians who in June, 1858, attacked a party of miners in the Yakima country ; and
make such an impression upon and arrangements with those and other tribes, as will
secure the lives of the Whites and their propert}-. The tribe by whom the attack was
made must deliver the individual offenders, or you must drive the whole to submission by
severe punishment. Your rear must be secured from danger by hostages given for their
good behavior. If thej^ refuse to comply with this condition, they must be treated as
hostiles. All must be driven to feel that, in the future, the demands of the government
must meet with obedience. Kamiakin and Oualchen cannot longer be permitted to
remain at large in the country. They must be surrendered or driven awa}'. No
accommodation must be made with an}- who will harbor them. Any tribe, the members
of which give assistance to either of these troublesome Indians, will be considered as
hostiles."
On the 15th of August, Major Garnett reported the death of Second Lieutenant
Jesse K. Allen, Ninth Infantry. He fell that morning, having, in command of fifteen
mounted men, accomplished the successful surprise of a hostile Yakima camp, capturing
twent^'-one men, fifty women and children, sevent}' head of horses and fifteen head of cattle,
besides a large quantit}' of Indian property. Three of the men, having been identified as
participants in the attack on the miners', were shot. Another party, detailed b}- Major
Garnett, consisting of sixtj' men, commanded by Lieutenant Crook, Fourth Infantr}',
captured five of the ho.stiles who had attacked the miners; and they were shot. The
remainder of the party had eluded their pursuers, crossed the Columbia, and had joined
Owhi, Oualchen and Skloom.
On the 15th of August, Colonel Wright left Fort Walla Walla on 'his northern
expedition. His force consisted of four companies of the First Dragoons, Major Wm.
N. Grier ; five companies of the Third Artillery, Captain Erasmus D. Keyes ; two
companies of the Ninth Infantry, Captain F. T. Dent ; thirty friendly Nez Perces,
Lieutenant John Mullan, — in all numbering six hundred men. Fort Taylor, named after
Captain Taylor, who had fallen in Colonel Steptoe's engagement with the hostiles, had
been erected on the left bank of the Snake river, at the mouth of the Tucanon. It was
garrisoned by Brevet Major Wyse with one company of the Third Artiller}'. Two six
pounders and two howitzers were mounted there. The expedition, which crossed the Snake
river on the 25th and 26th of August and camped on the right bank of the river, consisted
of five huudred and seventy regulars, thirty friendly Nez Perce Indians, one hundred
employes, eight hundred animals, and subsistence for thirt3'-eight da3's. Advancing on
the morning of the thirtieth, occasionally a few hostiles were seen on the hilltops on the
right flank, increasing in numbers through the day, and moving in a parallel line with
the troops. After a march of eighteen miles, the force encamped, when the Indians
approached the pickets and commenced firing. Colonel Wright moved out with a portion
of his command, and the Indians fled. He pursued them for four miles. On the next
day the same tactics were pursued b}^ the Indians, who were increasing in numbers.
They made an attack on the supply train, but were dispersed and driven off b}' the rear
guard.
On the I St of September was fought the Battle of Four Lakes, against the Spokane,
Coeur d'Alene and Palouse Indians. Earl}' in the morning the hostiles were observed
collecting upon the summit of a hill, distant two miles. The troops were immediately
ordered under arms to drive the enemy and make a reconnaissance of the country ahead.
632 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
At half past nine A. M., Colonel Wright marched from camp with two squadrons of the
First Dragoons, commanded by Brevet Major William N. Grier; four companies of the
Third Artillery, armed with rifled muskets, commanded by Captain E. D. Keyes ; the rifle
battalion of two companies of the Ninth Infantry, commanded by Captain F. T. Dent ; one
mountain howitzer under command of Lieutenant J. L. \\4iite. Third Artillery; and thirty
friendly Nez Perce Indian allies, under Lieutenant John Mullan, Second Artillery. The
camp was guarded by Company M, Third Artillery, Lieutenants H. G. Gibson and G. B.
Dandy, one mountain howitzer manned, and a guard of fifty-four men under Lieutenant
H. B. Lyon, — the whole commanded b}- Captain J. A. Hardie, officer of the day. Major
Grier, with the dragoons, advanced around the base of the hill occupied by the Indians,
to intercept their retreat when driven from the summit by the troops on foot. Colonel
Wright with the artillery, rifle battalion and Nez Perces marched to the right of the hill,
where it was easiest of access, to push the Indians in the direction of the dragoons, and
arrived within six hundred yards of the hill. Captain Keyes advanced Company K,
Third x^rtillery, commanded by Captain E. O. C. Ord and Lieutenant Morgan, in
co-operation with the Second Squadron of dragoons, commanded by Lieutenant Davidson,
who drove the Indians to the foot of the hill, where they rallied under cover of ravines,
trees and bushes.
The Indians kept up a constant fire upon the two squadrons of dragoons who awaited
the arrival of the foot troops. In front was a vast plain where five hundred mounted
warriors, wild with excitement, were rushing to and fro. To the right at the foot of the
hill, the hostiles were to be seen in large numbers. Captain Keyes, with two companies
of his battalion commanded by Lieutenants Ramson and Ihrie, with Lieutenant Howard,
was ordered to deploy along the crest of the hills in the rear of the dragoons, and facing
the plain. The rifle battalion, under Captain Dent, composed of two companies of the
Ninth Infantr}', under Captain Winder and Lieutenant Fleming, was ordered to move to
the right and deploy in front of the pine forest. The howitzer, under Lieutenant White,
supported by a company of the Third Artillery, Lieutenant Tyler, was advanced to the
plateau. In five minutes the troops were deployed, and the advance ordered. Captain
Keyes moved steadily down the long slope, passed the dragoons and opened a sharp fire
which drove the hostiles to the plains and pine forest ; while Captain Dent with the rifle
battalion, the howitzer and Lieutenant Tyler's company of artillery, were hotly engaged
with the Indians in the pine forest, whose number was being constantly augmented by
the retreating fugitives from the left. Captain Keyes continued to advance, the Indians
slowly retiring, and Major Grier leading his horses in the rear. At a signal the dragoons
mounted and rushed with lightning speed through the intervals of skirmishers, and
charged the Indians on the plain, completely routing and dispersing them. In the
meantime the rifle battalion, and Company A, Third Artillery, with the howitzer, had
driven the Indians from the forest. The Indians were pursued by the dragoons over the
hills, where the}^ halted to rest. But a few scattered Indians could be seen on the distant
hilltops. They were sent out of sight by a couple of shots from the howitzer. The
battle had been won without the loss of a man, either killed or wounded. The enemy
lost tweut}^ killed and as many more wounded. The troops had returned to camp b}' two
o'clock in the afternoon.
On the fifth. Colonel Wright fought the Battle of Spokane Plains. The enemy consisted
of Spokanes, Coeur d'Alenes, Palouses and Pend d'Oreilles, numbering between five and
seven hundred warriors. Leaving camp at Four Lakes, at 6:30 on the morning of the
HONJOHN CATLIN
PORTLAND OR
ANDREW ROBEf?TS.
PORTIAND OR.
THE BATTLE OF SPOKANE PLAINS. 633
fifth, the command followed the margin of a lake for three miles, and thence two miles
over a broken country, thinly scattered with pines. Emerging on the open prairie,
about three miles distant to the right and in front, the hostiles were discovered, moving
rapidly, apparently with a view to intercept the command before it reached the timber.
After a halt to close up the lengthy pack train, the column again advanced, and found
that the Indians were setting fire to the grass at various points in front and upon the
right flank. Captain Keyes was ordered to advance three companies deployed as
skirmishers to the front and right. This order was promptly obeyed ; and Compan}'' K,
Captain Ord, Compan}- M, Lieutenant Gibson, and Company A, Lieutenant Tyler,
were thrown forward. Captain Hardie, Company G, Third Artillerj^, was deploj-ed to
the left; and the howitzer, under Lieutenant White, supported by Company E, Ninth
Infantry, Captain Winder, was advanced to the line of skirmishers. The Indians attacked
in front and on both flanks. The prairie fires nearly enveloped the whole command, and
were fast approaching the troops and the pack train. Not a moment was to be lost. The
advance was ordered. Through the flames gallantl}^ dashed the skirmishers, the howitzer
and Major Grier's squadron of dragoons ; whilst the Indians sought shelter in the forest
and rocks. The howitzer was got into position; and Lieutenant White opened fire with
shells, which soon drove the Indians out of cover, when they were again pursued. The
pack train had been concentrated and guarded by Captain Dent.
A large body of Indians had been concentrated upon the left. The line moved
quickly forward ; and the firing became general throughoiit the front, which was occupied
by Captains Ord and Hardie and Lieutenant Tyler, and the howitzer under Lieutenant
White, with Lieutenant Gregg's squadron of dragoons, who were awaiting the opportunity
to make a dash. Lieutenant Gibson at the same time, with Compau}' IM, Third Artiller}',
drove the Indians on the right front. An open prairie intervening, Major Grier passed
the skirmishers with his and Lieutenant Pender's companies of dragoons, charged the
Indians, killing two and wounding three. The whole line and train advanced steadily,
driving the Indians over rocks and through ravines. The point of direction having been
changed to the right, Captain Ord and his company on the extreme left of the skirmishers
were confronted by a large number of the hostiles. They were charged by Captain Ord
and driven successively from three high table rocks, where they had sought refuge. He
pursued them until, approaching the train, he occupied the left flank. Captain Ord was
assisted b}^ Captain Winder and Lieutenants Gibson and White, who followed into the
woods after him. Moving towards Spokane river, the Indians still in front. Lieutenants
Ihrie and Howard, with Company B, Third Artillery, were thrown out on the right flank
and instantly cleared the way. After a continuous fight for seven hours over a distance
of fourteen miles, Colonel Wright camped on the Spokane, the troops having become
exhausted by a fatiguing march of twenty-five miles without water, and having been for
two-thirds of that distance under fire. The battle had been won. Two chiefs, and two
brothers of the head chief, Spokane Gary, had been killed, besides many of lesser note.
Colonel Wright's loss was one man slightly wounded.
On the sixth. Colonel Wright remained at his camp, three miles below Spokane
Falls. The enemy made no hostile demonstrations, although numbers approached the
opposite bank of the river and intimated a desire to talk ; but no direct communication
was had that day, the river being too wide, and also deep and rapid. Early on the morning
of the seventh. Colonel Wright advanced along the left bank of the Spokane, and soon
the Indians were on the opposite side. A talk commenced with the friendly Nez Perces
634 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
and the interpreters. They said that Gary was near by, and that they and he desired
an interview with the Colonel. A meeting was appointed at the ford, two miles above
the falls.
The foregoing accounts of the battles fought by Colonel Wright are freely copied from
the official reports. The attitude of those Indians, and the Clarke-Wright policy of dealing
with the question, so diametrically opposed to that of General Wool, and the fact so
apparent that all the present troubles were directly originated b}- the unpunished
malcontents of the war of 1855-56, which never had been ended, makes it most interesting
to embody the I'crbalitn official reports.
Colonel Wright thus reported that interview: "I halted at the ford and encamped,
soon after which Gary crossed over and came to me. He said that he had ahva3's been
opposed to fighting, but that the young men and many of the chiefs were against him,
and that he could not control them. I then told him to go back, and to speak as follows
for me to all the Indians and their chiefs: 'I have met you in two bloody battles. You
have been badl}^ whipped. You haA-e had several chiefs and man}^ warriors killed or
wounded. I have not lost a man nor animal. I have a large force. You Spokanes,
Coeur d'Alenes, Palouses and Pend d'Oreilles may unite ; but I can defeat you as badly
as before. I did not come into this country to ask you to make peace. I came here to
fight. Now, when you are tired of the war, and ask for peace, I will tell you what you
must do. You must come to me with 3'our arms, with your women and children, and
everything you have, and lay them at my feet. You must put 3'our faith in me and
trust to my mercj'. If you do this, I shall then dictate the terms upon which I will
grant you peace. If you do not do this, war will be made on yoxs. this year and next,
and until your nation shall be exterminated.'
" I told Gary that he could go and say, to all the Indians that he might fall in with,
what I had said, and also say that, if they did as I demanded, no life should be taken.
Gary promised to join me the following morning on the march.
" After my interview with Garj-, the chief Polotkin, with nine warriors, approached
and desired an interview. I received them. I found this warrior was the writer of one
of the three letters sent to you b}' Congeato ; that he had been conspicuous in the affair
with Colonel Steptoe, and was the leader in the battles of the first and fifth instants. Thej^
had left their rifles on the opposite bank. I desired the chief and warriors to sit still,
while two of his men were sent over to bring me the rifles. I then told this chief that
I desired him to remain with me, with one of his men whom we recognized as having
lately been at Walla Walla with Father Ravelle, and who was stronglj^ suspected of having
been engaged in the murder of the two miners in April last. I told the chief that I
wished him to send his other men, and bring in all of them, with their arms and
families. I marched at sunrise on the morning of the eighth, and at the distance of
nine miles discovered a cloud of dust in the mountains to the front and right, and
evidently a great commotion in that quarter. I closed up the train, and left it guarded
by a troop of horse and two companies of foot. I then ordered Major Grier to push
rapidly- forward with three companies of dragoons ; and I followed with the foot soldiers.
The distance proved greater than was expected, deep ravines intervening between us
and the mountains ; but the dragoons and Nez Perces under Lieutenant Mullan were
soon seen passing over the first hills. The Indians were driving off their stock, and
had gone so far into the mountains that our horsemen had to dismount. After a smart
skirmish, they succeeded in capturing at least eight hundred head of horses; and, when the
THE CCEUR d'alENES SUBMIT TO COLONEL WRIGHT. 635
foot troops had passed over the first mountain, the captured animals were seen approaching
under charge of Lieutenant Davidson, with his men on foot, and the Nez Perces. The
troops were then reformed and moved to this camp. I had previously sent an express
to the pack train to advance along the river. After camping last evening, I investigated
the case of the Indian prisoner, suspected of having been engaged in the murder of the
two miners. The fact of his guilt was established be^'ond doubt ; and he was hanged at
sunset."
On the loth of September, Colonel Wright received, from Father Joset of the Coeur
d'Aleue Mission, a dispatch announcing that the hostile Cceur d'Alenes were suing for peace.
Colonel Wright thus reported his answer: " I have just sent off Father Joset's messenger.
I said to the Father, that he could say to those who had not beeu engaged in this war,
that they had nothing to fear; that they could remain in quiet with their women and
children around them ; to say to all Indians, whether Coeur d'Alenes, or belonging to
other tribes, who have taken part in this unhappy war, that if thej^ are sincere and truly
desire a lasting peace, they must all come to me with their guns, with their faini'lies, and
all they have, and trust entirely to my mercy ; that I promise only that no life shall
be taken for acts committed during the war. I will tell them what I do require before
I grant them peace. As I reported, in my communication of yesterday, the capture of
eight hundred horses on the eighth instant, I have now to add that this large band of
horses composed the eutire wealth of the Paloiise chief Til-co-ax. This man has ever
been hostile ; for the last two years he has been constantly sending his young men into
the W^alla Walla valley, and stealing horses and cattle from the settlers and from the
government. He boldly acknowledged these facts when he met Colonel Steptoe in IMay
last. Retributive justice has now overtaken him ; and the blow has been severe but well
merited. I found myself embarrassed Avith these eight hundred horses. I could not
hazard the experiment of moving with such a train ; should a stampede take place,
we might not only lose our captured animals, but many of our own. Under these
circumstances, I determined to kill them all, save a few for service in the quartermaster's
department and to replace broken down animals."
Colonel Wright reached Coeur d'Alene Mission on the fourteenth. . He reported :
" I found the Indians here in much alarm as to the fate which awaited them ; but happil}'
they are now quieted. Father Joset has been extremely zealous and persevering in
bringing in the hostiles. They are terribly frightened ; but last evening and to-da}? they
have beeu coming in quite freely with their w^omen and children, and turning over to the
quartermaster such horses, mules, etc., as they have, belonging to the United States.
" The hostile Spokanes have, many of them, gone beyond the mountains and will
not return this winter. The Palouses, with their chiefs Kamiakin and Til-co-ax, are
not far off; but it is doubtful whether the}^ will voluntarily come in. If the}' do not, I
shall pursue them as soon as I can settle with the Cceur d'Alenes.
" The chastisement which these Indians have received has been severe but well
merited, and was absolutely necessary to impress them with our power. For the last
eighty miles, our route has been marked by slaughter and devastation. Nine hundred
horses and a large number of cattle have been killed or appropriated to our own use.
Many horses, with kamas, and great quantities of dried berries, have been destroyed. A
blow has been struck which they will never forget.
" On the seventeenth instant, the entire Coeur d'Alene nation having assembled at
my camp near the mission, I called them together in council. I then stated to them
636 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
the cause of my making war upon them. I made my demand specifically: ist. That
they should surrender to me the men who commenced the attack on Lieutenant-Colonel
Steptoe, contrary to the orders of their chiefs ; 2d. That they should deliver up to me
all public or private property in their possession, whether that abandoned by
Lieutenant-Colonel Steptoe, or received from any other source ; 3d. That they should
allow all white persons to travel at all times through their country unmolested; 4th.
That, as security for their future good behavior, they should deliver to me o)ic chief and
four men with their families, as hostages, to be taken to Fort Walla Walla. After a
brief consultation, they announced their determination to comply with all my demands
in every particular, in sincerity and good faith. All the Coeur d'Alene nation, with the
exception of some six or eight, were present at the council ; and, as an evidence that they
had previously determined to make peace on any terms, they brought with them their
families, and all the property they had belonging to the government or to individuals,
ready and willing to submit to such terms as I should dictate. The chiefs and head men
came forward and signed the preliminary articles of a treat}- of peace and friendship,
and in the course of the day fulfilled, as far as practicable, my demands, by delivering
up horses, mules and camp equipage. The chiefs and head men expressed great grief
and apparently sincere repentance for their misconduct, which had involved them in a
war with the United States. I have never witnessed such a unanimity of feeling, nor
such manifestations of joy, as were expressed by the whole Cceur d'Alene nation, men,
women and children, at the conclusion of the treaty. They ktiozv us; they have felt
our poivcr ; and I have full faith that henceforth the Cceur d'Alenes will be our staunch
friends.
" I marched from the Cceur d'Alene Mission on the morning of the eighteenth,
having with me the prisoners, hostages, and many other Coeur d'Alenes as guides, etc.
" Marching from my camp on the morning of the twenty-second, at the distance of
three miles we emerged from the woods onto the open prairie, and, after pursuing a
west-southwest course for eighteen miles over a rolling country thinly studded with pines,
we reached this place and encamped.
" Before reaching here I was advised that the whole Spokane nation were at hand,
with all their chiefs, head men and warriors, ready and willing to submit to such terms
as I should dictate.
"Yesterday at ten o'clock a. m., I assembled the Indians in council; and, after
enumerating the crimes they had committed, I made the same demands upon them which
had been made upon the Cceur d'Alenes.
" Speeches were made by the principal chiefs. They acknowledged their crimes, and
expressed great sorrow for what they had done, and thankfulness for the mercy extended
them. They stated that they were all ready to sign the treat}^, and comply in good faith
with all its stipulations.
"The chiefs Gary, Polotkin and Mil-kap-si were present; the first two are Spokanes;
the last is a Coeur d'Alene. It will be recollected that each of those men wrote a letter to
the general in August last. That of Mil-kap'si was particularly significant, haughty and
defiant in tone, and stated that he was willing to make peace if ivc desired it, but that he
was unwilling to take the initiative. This man was not present when the treaty was made
with the Coeur d'Alenes. Now he comes in and humbly asks for peace, and that he may
be allowed to sign the treaty. I granted his request; but I took occasion before the whole
council to remind him of his letter to General Clarke, and to say to him that ive had not
asked for peace.
I
HON.CHARLEIS N.BYLES,
MONTESANO.W. T.
IMPRISONMENT OF OWHI AND DEATH OF OUAL-CHEN. 637
" Among this assemblage of Spokane Indians were representatives from the Calespelles
and some other small bands, who stated that they had not engaged personally in the war,
but that some of their young men had been in the fights. I did not make any special
treat}' with them, but told them that they might consider themselves on the same footing
as the Spokanes, so long as the}- refrained from war, and conformed to the articles of the
Spokane treaty.
" The entire Spokane nation, chiefs, head men and warriors expressed great joy that
peace Avas restored, and promised, before the Great Spirit, to remain our true friends
forevermore. They have suffered; they have fell us in battle; and I have faith that they
will keep their word.
" At sunset on September 23d, the Yakima chief Owhi presented himself before me.
He came from the lower Spokane river, and told me that he had left his son Qual-chen
at that place. I had some dealings with this chief Owhi when I was on my Yakima
campaign in 1856. He came to me when I was encamped on the Nah chess river, and
expressed great anxiety for peace, and promised to bring in all his people at the end of
seven days. He did not keep his word, but fled over the mountains. I pursued him, and
he left the country. I have never seen him from that time until last evening. In all
this time he has been considered as semi-hostile; and no reliance could be placed on him.
" This man Oual-chen spoken of above is the son of Owhi. His hi.story for three
years past is too well known to need recapitulation. He has been actively engaged in all
the murders, robberies and attacks upon the white people since 1855, both east and west
of the Cascade Mountains. He was with the party who attacked the miners on the
Wenatche river in June last, and was severely wounded ; but, recovering rapidly, he has
since been committing assaults on our people whenever an opportunity offered. Under
these circumstances, I was very desirous of getting Qual-chen in my power. I seized
Owhi and put him in irons. I then sent a messenger for Oual-chen desiring his presence
forthwith, with notice that if he did not come I would hang Owhi. Qual-chen came to me
at nine o'clock this morning; and at 9:15 A. Ji he was hanged.
" On the 23d, Brevet ^lajor Grier, w^ith three troops of dragoons, went to Colonel
Steptoe's battle ground, twelve miles south of this place. He returned on the 25th,
bringing the remains of Captain Taylor and Lieutenant Gaston, who fell in the battle,
and also the two howitzers abandoned by the troops when they retreated.
" On the evening of the twenty-fifth, many of the Palouse Indians began to gather
in my camp. They represented themselves as having been in both battles, and that, when
Kamiakin fled over the mountains, they seceded from his party, and were now anxious
for peace. I seized fifteen of them; and, after a careful investigation of their cases, I found
that they had left their own country and had waged war against the forces of the United
States, and that one of them had killed a sergeant of Colonel Steptoe's command, who was
crossing the Snake river. I had promised those Indians severe treatment if found with
the hostiles ; and accordingly six of the most notorious were hanged on the spot. The
others were ironed for the march.
"I left my camp on the Ned-whauld (Lahtoo),on the morning of the twenty-sixth,
and after a march of four cold, rainy days, reached this place (Palouse river) last
evening.
" On the twenty-seventh, I was met by the Palouse chief, Slow-i-archy. This chief
has always lived at the mouth of the Palouse, and has numerous testimonials of good
character, and has not been engaged in hostilities. He has about twenty-five men, besides
638 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
women and children, probably one hundred in all. He told nie that some of his young
men had, contrary to his advice, engaged in the war, but that they were all now assembled
and begging for peace. Slow-i-archy had five men with him; and he dispatched two of
them, the same day he met me, high up the Palouse to bring in the Indians from that
quarter, whom he represented as desirous of meeting me.
" iVfter I encamped last evening, Slow-i-arch\' went down the river about two miles
and brought up all his people, men, women and children, with all the property they
had ; and, early this morning, a large band of Palouses, numbering about one hundred
men, women and children, came in from the Upper Palouse. These comprise pretty
much all the Palouses left in the country. A few have fled with Kamiakin, who is
represented as having gone over the mountains and crossed Clark's fork.
" After calling the Palouses in council, I addressed them in severe language,
enumerated their murders, thefts and war against the United States troops. I then
demanded the murderers of the two miners in April last. One man was brought out
and hanged forthwith. Two of the men who stole the cattle from the Walla Walla
vallej- were hanged at n:y camp on the Ned-whauld; and one of them was killed in the
Battle of Four Lakes. All the property they had, belonging to the government, was
restored. I then brought out my Indian prisoners, and found three of them were either
Walla Wallas or Yakimas. They were hanged on the spot. One of the murderers of
the miners had been hanged by the vSpokanes.
" I then demanded of these Indians one chief and four men, with their families, to
take to Fort W'alla Walla as hostages for their future good behavior. They were
presented and accepted.
" I told these Indians that I would not make any written treat}- of peace with them;
but, if they performed all I required of them, that next spring a treaty should be made
with them.
" I said to them that white people should travel through their country unmolested.
That they should apprehend and deliver up every man of their nation who had been
guilty of murder or robbery. All this they promised me. I warned them that, if I ever
had to come into this country again on a hostile expedition, no man should be spared ;
that I would annihilate the whole nation.
"I have treated these Indians severely; but they justly deserved it all. They will
remember it."
Colonel Wright added : "The war is closed. Peace is restored with the Spokanes,
Coeur d'Alenes and Palouses. After a vigorous campaign, the Indians have been entirely
subdued, and were most happy to accept such terms of peace as I might dictate. Rcsnifs :
1. Two battles were fought by the troops under my command, against the combined
forces of the Spokanes, Coeur d'Alenes and Palouses, in both of which the Indians were
signally defeated, with a severe loss of chiefs and warriors, either killed or wounded;
2. One thousand horses, and a large number of cattle were captured from the hostile
Indians, all of which were either killed or appropriated to the service of the United States ;
3. Many barns filled with wheat or oats, also several fields of grain, with numerous
caclics of vegetables, dried berries and kamas^ were destroyed, or used by the troops ;
4. The Yakima chief, Owhi, is in irons ; and the notorious war chief, Oual-chen, was
hanged. The murderers of the miners, the cattle stealers, etc. (in all, eleven Indians),
were hanged ; 5. The Spokanes, Coeur d'Alenes and Palouses have been entirely subdued,
and have sued most abjectly for peace on any terms ; 6. Treaties have been made with
THE WAR ENDED. 639
the above-named nations. They have restored all propert}- which was in their possession,
belonging either to the United States or to individuals. The}' have promised that all
white people can travel through their country unmolested, and that no hostile Indians
shall be allowed to pass through or remain among them ; 7. The Indians who commenced
the battle with Lieutenant-Colonel Steptoe contrary to the orders of their chiefs have been
delivered to the officer in command of the United States troops ; 8. One chief and four
men, with their families, from each of the above-named tribes, have been delivered to the
officer in command of the United States troops, to be taken to Fort Walla Walla and held
as hostages for the future good conduct of their respective nations ; 9. The two mounted
howitzers abandoned by the troops under Lieutenant-Colonel Steptoe have been recovered."
General Clarke, in his closing report of those operations which secured peace and
put at rest Indian outbreaks, murders and robberies in the Yakima and Walla Walla
countries, and enabled both to be opened to settlement, thus remarked : " Some time
since I was persuaded that the treaties made by Governor Stevens, Superintendent of
Indians Affairs for Washington Territory, with the Indian tribes east of the Cascade
Range, should not be confirmed. Since then circumstances have changed, and with them
my views. The Indians made war and were subdued. By the former act, they lost some
of their claims to consideration; and, by the latter, the government is enabled and justified
in taking such steps as may give the best security for the future."
Chapter LVII.
(1856-1873.)
Southern Oregon — Counties of Josephine and Curry — Straggling Savages Murder
and Hob Unipqua Liglithou.se — Trial and Execution of Enos — Chief John Sent
to San Francisco — Desperate and Almost Successful Attempt of Himself and
Son to Capture the Steanishii> — Military Wagon Road — Discovery of Gold in
the Unipqua Valley — Exploration of the Klamath Lake Country — First Mail
Between Sacrainento and Portland — More Indian Depredations — Bailey's Brave
Stand Against a Hundred Savages — S. D. Evans Shot Dead with an Arrow —
The Great Deluge in Southern Oregon — Eifects of the Southern Rebellion —
Oregon Volunteers Again in the Field — Indian Council at Ivlaniath Lake —
Causes and Details of the Modoc Indian War — The Assassination of General
Cauby — Punishment of the Traitorous Savages.
THE territorial legislature at the session of 1S55-56 created two new counties in
Southern Oregon, Curry and Josephine. The first was named after the Governor,
the latter after Josephine Rollins, the first white woman residing within its borders. The
boundaries of Curry county, as described by the act of December iS, 1855, were as follows:
Beginning at a point on the Pacific Coast at the mouth of New river, thence east to the
dividing ridge of the waters of the Coquille river and Horse creek ; thence following said
divide, which separates all the waters of the Coquille river from those which discharge
themselves directly into the ocean, until such ridge connects itself Avith the dividing
ridge between the waters of the Coquille and Rogue rivers ; thence east along said ridge
or divide to the divide forming the eastern tributaries of John Mule creek ; thence south
to the parallel of forty-two degrees north latitude; thence west to the ocean; thence north
along the line of the Pacific Coast to the beginning. The county seat was located, by
a vote of the citizens at the next regular election at Ellensburg, near the mouth of Rogue
river.
Josephine county was created by an act passed January 22, 1S56. Its boundaries are as
follows : Beginning at the southwest corner of township number thirty-two south, of range
five west, being the south boundary of Douglas county ; thence west along the dividing
ridge separating the waters of Cow creek from those of the Rogue and Coquille rivers, to the
northeast corner of Curr}^ county ; thence south along the east line of said county to the
summit of the divide between the Rogue and Illinois rivers ; thence west along the divide
to a point seven miles east of the junction of those rivers ; thence south to the California
state line ; thence east to the intersection of the west boundary of range four west ; thence
north to the southeast corner of township number thirty-six ; thence west to the southwest
corner of the same township ; thence north to the place of beginning. The county seat
was first located at Waldo ; and the first court was held at that place by Judge Deady in
the fall of 1856.
( 640 )
JOHN KINETH ESQ.
COUPEVILLE.W. T.
PIONEER OF '49.
INDIAN DEPREDATIONS IN SOUTHERN OREGON. 641
The southern portion of the coast during this year suffered not onl}- from war, but
shipwreck. On the 3d of May, 1856, the brig Quadraiiis, loaded with merchandise and
the machinery for a steam sawmill belonging to Simpson and Jackson, ran ashore in Coos
Bay. Mr. Simpson, one of the owners of the vessel and mill, and Mrs. McDonald and
child, were drowned in attempting to laud in a small boat through the surf. The mate
of the vessel, who was in the same boat, had a narrow escape with his life, having been
thrown about in the surf, but, by clinging to a life-preserver, was finally saved. Mr.
McDonald remained on the vessel and saw his wife and child drown. The brig came in
with a strong ebb tide ; but, the wind failing, she drifted ashore before an anchorage could
be reached. She was driven b}' the surf up on the sands ; but the rest of her passengers
and crew were saved, as well as the mill and her cargo, which was in a damaged condition.
During the month of June, the schooners /ozua and Francisco were driven ashore at Port
Orford, and were wrecked; but no lives were lost. On the 21st of December, the brig
Fawn, Captain T. Bunker, bound for the Umpqua river with a valuable cargo of
merchandise, went ashore near the mouth of the Siuselaw, twenty-five miles north of the
Umpqua. She was dismasted at sea and drifted ashore. The mate and three sailors were
washed overboard during the storm. The remainder of the crew, the passengers and a
portion of the cargo, were saved. The Fawn was chartered by Dearborn & Co., of
Roseburg.
Although the Indian war was concluded in June, many members of the different
tribes remained in their old haunts ; and the most of them were ever ready to rob and
kill whenever an opportunit}^ offered. Among these were a portion of the Chetco and
Pistol river Indians on the coast south of Rogue river, a part of John and Limpy's band
in the Illinois river mountains, Sampson's band at the head of the South Umpqua, and
a portion of the Cow creek and Modoc Indians, who were still unsubdued, and were liable
at any time to make a raid upon the settlements at the head of the Rogue river and
Shasta valle3^s. On the 6th of July, a pack train of fifteen mules, accompanied by two
men, was attacked on the Siskiyou Mountains. One of the men, by the name of Ogle,
was killed and the whole train captured by the Modoc Indians. On the nth of Jul}', a
pack train from Port Orford to Crescent Cit}'' was attacked by the Pistol river Indians,
and two of the four packers killed. On the 15th of August, James Weaver and William
Russell were fired upon by Indians while traveling from Roseburg to Canj'onville.
Russell was shot three times, — once in the breast ; but they both escaped to the house
of Lazarus Wright. A short distance further on, the Indians burned the unoccupied
house of James Beane and a field of grain. Two miles further on, they shot David
Klink while binding wheat in the field. He escaped to the house of Colonel Burnett.
They afterwards burned Klink's house and two stacks of grain belonging to Samuel
Moore. They also attacked the house of William Irving in his absence, but were
repulsed b}- Mrs. Irving, who abl)^ defended her castle. A company of citizens was
soon formed to chastise the savages ; but, after following them two days, the}- lost their
trail at the head of the Ollala, and were compelled to return. This marauding part}-
was supposed to be a part of Sampson's band. On the loth of February, 1857, a band
of Cow creek Indians shot Adam Day, of Camas valley, in the shoulder with an arrow,
inflicting a severe wound. During the summer of 1856, the State of California sent a
body of volunteers, under the command of General John D. Cosby, to punish the Lake
Indians. During their operations, they attacked Lalake's tribe on the Oregon side of
the line, destroyed his fort, burnt his ranches, and killed some of his people. They
642 , HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
also attacked the Modocs by means of boats on Tule Lake, and punished them quite
severely. General Cosby made some kind of a treaty or talk with a number of the
chiefs ; but the expedition effected nothing of a permanent character.
While the war caused a general paralysis in business, it did not entirely extinguish
it. A lively trade was still kept up between San Francisco and the Umpqua river.
Two small steamers, the IVas/iiiigtoii and the Excelsior^ were kept busily engaged in
transporting freight from the mouth of the river to Scottsburg, for the interior; and, as
evidence of the progress in agriculture, on the 5th of May the schooner Palestine cleared
for San Francisco with a cargo of potatoes. George T. Allen was the pioneer shipowner
on the Umpqua river. The schooner L 'mpgna was built on Mill creek, one and a
half miles below Scottsburg, by Clark & Baker. She left the mouth of the river under
the command of Captain T. D. Hindsdale on the 12th of May, and crossed the bar on her
return on the 3d of June, making the round trip to San Francisco in twenty-two days.
Coos Bay was not behind in the commercial race. Although she had scarcely any
trade with the interior, her coal and timber proved an inexhaustible source of wealth.
Early in the year 1S56, the coal bank at Newport owned by Flanagan & Rogers, and
the one at Eastport owned by Northrup & Symonds, had been so far developed as to
produce regular shipments of coal to San Francisco. In the month of June, five vessels
entered the ba}' for coal cargoes. Two steam sawmills were erected on the bay during this
year.
The year 1S57 opened with a snowstorm; and the weather was quite severe for several
weeks. It was during this year that a lighthouse was erected at the mouth of the Umpqua
river.
On Sunda}', April 12th, Enos, the murderer of Captain Ben Wright, was executed at
Port Orford. He did not surrender with Old John. Being a half-breed of light
complexion, and talking English perfectly, he easily made his escape. He was first
recognized on French Prairie in Marion county, where he went to visit some of his old
friends, and thence to the Grand Ronde reservation, no doubt to see Old John, where he was
immediately put in irons by the Indian agent. General Palmer, Superintendent, wished
to have him tried by Judge Williams in the territorial court ; but the judge recommended
a trial by a military commission. He was finally sent b}- the steamer Columbia to Port
■ Orford. The weather being too rough to land at that place, he was put ashore at Crescent
City and taken by land to Port Orford. Upon his arrival, he was tried by the miners and
hanged on Battle Rock with very little ceremony.
The increase in the number of cattle west of the Cascade Mountains, both in the
Willamette valley and in Southern Oregon, was very extraordinarj^, and proved the source
of a large income to the settlers. It appears from actual count, that from the ist of
February to the i6th of June, 1S57, twenty-eight thousand head of cattle were driven
south through the Umpqua cafion to the markets in the mines of Southern Oregon and
California.
Roving bands of Indians still continued to give trouble in different sections of the
country. On the 15th of June, the house of Franklin Wright on South Deer creek in
Douglas county was robbed of a rifle and a quantity of ammunition, two hundred pounds
of flour and three pairs of blankets. James Gilmore, who happened to be near, had a
valuable mare killed and two colts wounded with arrows. Pursuit was made ; but the
plunderers were not caught.
CHIEF JOHN SENT TO SAN FRANCISCO. 643
The brig Ellen Wood was built on the Umpqiia, and was ready for sea on the 7th of
July. In August, Burns & Beggs commenced the publication of the Jacksonville Herald
at that place. The winter of 1S57-58 was a very mild one, there being no snow and very
little freezing weather.
The Chetco and Pistol river Indians, living on the coast between Rogue river and
Crescent City, surrendered in 1856 to the Indian superintendent and agreed to go upon
the Siletz reservation ; but, when the time came to transfer them, they refused and
returned to their old haunts. They remained quiet for some time; but on the 15th of
March, 1858, they took the warpath, killed the interpreter Oliver Cantwell, and started
on a general raid. They attacked Daly's ranch and killed a man named Taylor. In fact,
they were such a continual menace to the settlers that the}- were unable to carry on their
usual avocations. They attacked the supply train of Lieutenant Shrie on its way from
Port Orford to Crescent City, and killed an employe named Baker. This last attack was
said to have been made by a band of six Chetco Indians. Captain Tichenor, who was
special Indian agent at Port Orford, went down the coast to take a band of thirteen Indians,
who were guilty of most of the depredations along the coast, to the reservation with their
squaws. He first endeavored to get them to go out and bring in six Indians who had
attacked Lieutenant Shrie. This they promised to do, but afterwards refused. Captain
Tichenor gathered them with their squaws and started for the reservation. After going
a part of the way, the warriors watched their opportunity and left him. An express was
sent to Gold Beach notifying the people of the escape, and warning them to be on their
guard. A party from that place armed themselves and went out. The warriors were not
satisfied with having escaped themselves, but wished to release their squaws. For this
purpose they started to follow Captain Tichenor to the reservation; but, unfortunately for
them, they fell in with tliQ party from Gold Beach, who killed the whole thirteen and
buried them where they fell. Ample proof of their crimes was found upon their
persons. The six remaining desperadoes were betrayed by a sub-Indian chief named Has
for the reward offered for their scalps. After obtaining access to their camp under the
pretense of friendship, Has and his band fell upon them and killed and mutilated the chief
and three others in the usual Indian manner. A party of miners captured the other two
Indians and fifteen squaws and children. The men were tied to trees and shot, and the
women and children sent to the reservation. This put an end to the Indian troubles on
the coast.
Old Chief John, the most indomitable and cruel of all the savages, as well as the
best general, and who was the last to surrender, was taken with his two sons to the
Siletz reservation. His youngest son died in 1857, in return for which the old chief
killed one or two Indian doctors, a custom of the Indians. He was afterwards detected
in inciting the other southern Indians to revolt and return to their former homes.
Captain Augur, in command of Fort Hoskins, thereupon sent him and his son Adam
to Fort Vancouver in April, 1858, from which place they were ordered to San Francisco.
They were shipped on the steamer Cobimbia. While the vessel was at anchor off
Humboldt Bay, the old chief, knowing that this was his last chance, determined to
escape. They were in the steerage under the charge of a sergeant. About one o'clock
in the morning, they commenced operations by blowing out all the lights in the steerage.
They next attempted to steal the revolver from the sergeant ; but he awoke and caught
them in the act. Then commenced the struggle, the old chief throttling the sergeant,
who was lying in his berth, and Adam beating him on the head with an iron bar.
644 HISTORY OF PACIFIC NORTHWEST— OREGON AND WASHINGTON.
At this juncture John gave his ear-piercing warwhoop, which seems to have acted with
galvanic effect on the passengers, who incontinently quitted their berths, ran up the
hatchway's and into the cabin, where they declared the Indians had taken the ship and
were slaughtering the passengers. The}' had all forgotten to take their revolvers with
them in their hasty i^ight, and supposed the warriors had obtained possession of them.
In the meantime the struggle between the sergeant and the two Indians was fiercely
carried on, during which the pistol the}' were contending for was discharged, the ball
passing just underneath the sergeant's throat and cutting his whiskers. The pistol was
broken to pieces in the contest. Captain Dall, with his first officer, Mr. Nolan, the
second mate, and some of the passengers, then formed themselves into two bodies, four
men in each, and, after closing the hatches, armed and provided themselves with lights,
ready at a given signal to jump down both hatchways and secure the two warriors.
This plan was executed ; and, as soon as they landed on the steerage deck, shooting
and cutting commenced in lively st3'le on both sides. John, the old chief, made at Mr.
Nolan with an iron bar and aimed a blow at his head, but struck him violentl}' on the
shoulder. Mr. Nolan returned the compliment by a cut with a saber ; but the chief
caught the blade in his hand. Mr. Nolan succeeded in drawing it away, and gave him
another cut over the head. The second mate was also busy with a revolver, and shot
Adam through the leg. By this time the rest of the party had gathered in ; and the
two chiefs were overpowered after a desperate struggle, not, however, until they had shot
one man in the breast and wounded three others, besides a woman. The latter had a
little girl, at whom Adam aimed a blow ; but she threw up her arm and received a severe
cut upon it. After being subdued, the warriors were conveyed to the quarter deck,
swelteHng in blood. For some time they pretended to be dead, hoping that their bodies
would be thrown overboard, when they could easily swim ashore and effect their escape ;
but the trick did not work, and they were put in irons instead of the water.
Old John was about sevent}' years old, and declared that, if he had two or three of
his warriors with him, he would have captured the ship. Old John had a frightful
saber cut on his head. Adam was so badly shot that his leg had to be amputated at
San Francisco. A rifle stock had also been broken over his head. The brave sergeant
had his jaw broken and his head badly bruised with the iron bar. Adam died not long
after at Benicia. The death of the old chief is not recorded ; but he never returned to
Oregon.
Congress having made an additional appropriation for the military road from
Scottsburg to Camp Stuart in Jackson county. Lieutenant Mendell, U. S. Engineers,
was detailed to apply the same during this season. Lieutenant Hooker, afterwards
Major-General Hooker, U. S. Army, was appointed superintendent. Hardy EHiff of
Cow creek took the contract for grading the Grave creek hills for the sum of eight
thousand dollars. The work from Roseburg to Jackson county was well finished before
the rainy season commenced; but the work on the road to Scottsburg had to be abandoned,
for the reason that all the workmen left for Frazer river, induced by the reported gold
discoveries in that section. In November, 1858, gold was discovered on Coffee creek,
a stream that empties into the South Umpqua river about twenty-five miles above
Caynonville. The mines yielded largely to the first discoverers ; and mining was carried
on profitably on the stream and its branches for several years afterwards. On the 15th
of November, the brig Cyclops, from San Francisco to Coos Baj' with a cargo of
merchandise, was wrecked while attempting to enter Coos Bay harbor. No lives were
lost ; but the vessel and cargo were a total loss.
I
HON.MATHEW PATTON,
A LB I NA, OR.
W.P.WATSON,
ALBI NA.OR.
MRS.PRISCILLAR WATSON,
ALBINA.OR.
I
FIRST OVERLAND MAIL BETWEEN SACRAMENTO AND PORTLAND. 645
In April, 1S59, a party of men, composed of Eli Ledford and J. Brown of Jacksonville
and S. F. Conger, W. S. Probst and James Crow of Bntte Creek, started on an exploring
expedition to the Klamath Lake country by way of the Butte creek trail. On the 4th of
May, Indian Agent Abbott, with a small party, left for his station among the Klamaths
by the same trail. Upon arriving at a point where the snow prevented further progress,
they returned and followed the trail of the Ledford party to Rancheria Prairie, where they
found it deserted and the houses burned. Four of the horses of the Ledford party were
found to have been tied to trees and shot. Believing the party had been murdered, Abbott
and his men returned to Jacksonville and reported their discovery. A company of
forty-three men were immediately fitted out by the citizens of the valley, under the
command of Captain John W. Hillman. Henry Klippel and many of the leading citizens
of Jacksonville belonged to the command ; and Agent Abbott accompanied them. Upon
arriving at Rancheria Prairie, a careful search was made for the bodies of the party ; and
the place where they were buried was finally discovered. Upon their exhumation, they
proved to be the bodies of Probst, Brown, Crow and Couger. Ledford's body was found
later, buried in a thicket of firs some distance away. The bodies were badly mutilated,
but still recognizable. There was sufficient evidence to show that the party were killed
while asleep in camp. The relief party crossed the north fork of Butte creek and followed
it down to the Rogue river, making a thorough search for the murderers, without success.
It was subsequently reported in the Yreka papers that Lalake, one of the Klamath chiefs,
had brought to his white friends at that place the heads of three Indians whom he had
executed for being engaged in the Ledford massacre ; but the report lacks confirmation,
although it may be true.
There were but few other matters of special interest to Southern Oregon which
occurred during this year. Judge Deady of the first district having been appointed
United States district judge upon the admission of Oregon as a state, Governor Whiteaker
appointed P. P. Prim as his successor, which position he held for many years thereafter,
by the vote of the people of the district. In July, 1859, the Umpqua land-office was
removed from Winchester to Roseburg, the county seat of Douglas county, by order of the
President, where it still remains. In November, 1S59, L. E. V. Coon started the first
newspaper at Roseburg, which was called the Roseburg Express. On the 15th of
September, 1S60, the first dail}' mail, carried by four-horse coaches, arrived in Portland,
Oregon, from Sacramento, California. This was the inauguration of a new era upon the
Pacific Coast, and especially for Southern Oregon. Before this time the mail came
semi-occasionally ; and persons desiring to travel the route from Jacksonville to Portland
were compelled to make the trip on horse or mule back, making an average of twenty
miles a day. The stopping places were well known ; and each day's drive was managed
so that they could arrive at some favorable hostelry. At each of these there was ample
provision for the inner man, with plenty of horse feed ; and, during the rainy reason, a
roaring fire in an ample fireplace furnished the opportunity to dry the saturated clothing
of the tired traveler. The stage line changed all this. The mails arrived regularly, the
time being seven days in winter; and, except during the floods of 1S61-62, there was no
failure in the mails of any consequence. Travelers had no longer to provide themselves
with a riding animal to make a day's journey. The}' had only to provide themselves with
a ticket from the stage agent. It required an immense amount of euerg}', as well as a
good deal of capital, to make it a success, there being at that time scarcel}- any decent
646 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
wagon roads between Sacramento and Portland, while a large part of the road was
over rongh mountains and through difi&cult canons ; but men were found equal to the
emergency.
The company that took the first contract consisted of James Haworth, President,
George Thomas, Vice-President. The directors were Wash. Montgomer}-, John Andrews
and A. Richardson. The mail pay was $90,000 per annum in gold coin. Vice-President
Thomas had the chief control of the Oregon end of the line. The superintendents upon
whom the most of the work devolved were Robert \'an Dusen, John Andrews, J. J.
Comstock, Elijah Corbett and Colonel Stone. The stage soon became an institution in
the country that not only furnished a market for a large quantity of hay and grain, but
was the only means of communication with the outside world. It soon became the
custom of the whole male population of a station to meet the stage upon its arrival. At
the blast of the driver's horn, all the business men rushed to receive their packages by
mail or express ; while the balance of the crowd waited to meet some friend or hear the
latest news. The drivers were universall}' polite and obliging ; and they seemed to def}^
the weather as if made of cast iron. Each one of them deserves a memorial, which it is
not possible to give in this work. So strong a hold had the stage company upon the
people of Southern Oregon, that there was a sigh of regret even when they were
superseded by the railroad company.
In the spring of 1861, Captain Jo Bailey of Lane county, who was a member of the
legislature, having a large band of cattle which had suffered severely from the cold
weather in January of that year, determined to drive them to the head of Pitt river in
California, near Fort Crook, which region he knew to be a fine stock range and at that
time entirely unoccupied and unsurveyed. Shortly after Bailey had passed through the
Umpqua valley with this cattle, Samuel D. and David Evans of the Umpqua valle}^ left
for the same destination with three hundred and fift}^ head of cattle, seventeen head of
horses, and one wagon with two yoke of cattle. The company consisted of S. D. and David
Evans, the owners, Hiram Gove, Elijah Crow and L. F. Thompson, herders. The Evans
party left Roseburg about the ist of July. On arriving at Ashland, Baile}^ took the emigrant
trail to the east of the Cascades, as furnishing better feed and being less expensive. The
Evans part}^ on arriving at the turning-off place, followed the Bailey trail with the
expectation of soon uniting their droves. This was accomplished at a point near where
Dorris and Fairchild subsequently established their cattle ranches. Upon uniting their
forces, a consultation was held ; and it was determined to follow the immigrant road to
Goose Lake, and then down Pitt river to Fort Crook. To accomplish this, it was necessary
to turn back until they reached the sovith side of Little Klamath Lake, thence east along
the south side until they reached the east side of the lake.
The persons forming the Bailey company were: Captain Jo Bailey, James Bailey, Jack
and Dick Wright, A. C. Hill, John Cornage, Jack Shepard, James White, Ed Simmes, Old
Charley Martin, wife and son, making eighteen persons in the consolidated compau}'.
They were not well supplied with arms ; and it is evident that no danger was anticipated.
Two revolvers were all the arms in the Evans party. Bailey was better prepared. He
had five guns, one of them a shotgun, and several revolvers. At the end of the next day's
drive, several Indians came into camp, being apparently friendly, but all exceedingly
hungry. On the next day's drive, quite a large number of Indians were met, some riding
and some walking, accompanied by an indefinite number of children and dogs. The party
traveled eastward most of the day and came to the natural bridge on Lost river about one
1
INDIANS ATTACK THE BAILEY AND EVANS PARTY. 647
o'clock in the afternoon. They had no difficulty in crossing, and, after following the north
side of the river for three or four miles, camped not far from Tule Lake. There was a
large Indian village not far from the camp, which some of the party visited. The next
day's drive led around the north side of Tule Lake to the famous Bloody Point; but no
Indians were seen. They then crossed a range of hills and came down to Clear Lake.
The next day they traveled due east along a tule sw^a'mp about a mile wide, when they
came to a river they could not cross, and camped on its banks. There were several Indian
signal fires around on the hills that evening; and Captain Bailey deemed it prudent to
post a guard around the cattle. 'The party had to go back several miles to cross the river,
from which point they traveled southeast all the next day over a good road. Just before
arriving at camp on a small creek, they saw a sign on a tree, " Look out for Indians."
They kept a good lookout, but did not see any, although they could see their signal
smokes every time they started or stopped. No incident of importance occurred until the
party had traveled down Pitt river two days. Here the Indians became very saucy, and
endeavored to stampede the cattle.
On the next day, Ed Simmes, who had been left behind with a lame cow, came into
camp and reported that the Indians had fired several arrows at him. As Samuel D. Evans
and David Evans were still in the rear. Captain Bailey at once organized a part}- to go to
their relief The party accompanying him were James Bailey, Jack Shepard, James
White, John Cornage, Ed Simmes, Elijah Crow^ and Hiram Gove. The rest of the part\-
were directed to go into camp, cook the supper and guard the cattle. When Baile}' and
his part}' reached the Evans, the Indians had retired a short distance from the road, and
were seated upon the rocks. It being deemed best to have an understanding with them,
the part}' rode up the hill towards them. Upon their approach, the Indians strung their
bows and got their arrows ready. Upon getting closer, twenty or thirty more Indians
were seen running down a gulch on their right, while those in front opened fire upon the
Whites. Captain Bailey ordered the men to dismount, Gove and Samuel Evans to hold the
horses, and the rest of the men to approach closer, covering themselves behind the rocks as
they advanced. The rocks proved to be full of Indians, who sprang up in every direction
and tried to surround them and cut them off from their horses. Bailey ordered the men
back to their horses, where he arrived safely; but, while waiting for some others of the
party to return, he ran up the hill about thirty yards to make a diversion in their favor.
He had just knelt down behind some rocks and fired his rifle when the Indians came
swarming over the hill, and in a moment had him completely surrounded. Bailey, seeing
that all hope of escape or succor was cut off, drew his revolver and commenced firing.
He was a powerful man and as brave as a lion, and fought as long as he could stand,
and fired his pistol three times after he was down. The rest of the party succeeded in
reaching their horses in safety; but, just as Crow got to his horse, S. D. Evans was
struck by two arrows, one of which went straight to his heart. The other pierced him in
the neck just above the breastbone. Crow mounted and endeavored to lead Evans from the
field; but, after a short distance, he fell dead from his horse and had to be left.
Upon the arrival of the survivors at camp there was a hasty saddling of horses and a
speedy retreat. The destination was Fort Crook ; but, having lost their guide in Captain
Bailey, they lost their trail and suffered much hardship before reaching their destination,
which was the more painful as it involved the comfort of the wounded, — Ed Simmes and
David Evans seriously with poisoned arrows, and Jack Shepard .slightly. Upon their
arrival at Fort Crook, the commanding officer ordered a detail of thirty-six soldiers, under
648 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
the command of Lieutenant Fielner, to go back and punish the Indians and recover what
property was possible. Twelve of the Bailey and Evans party volunteered to acconipan}'
the detachment. They arrived at the place where the wagons had been left within
five da3's, and found the Indians killing the cattle and drying the meat. The wagons
had been burned ; and most of the cattle had been driven off. The relief force caught
the Indians unprepared, and, upon charging them, succeeded in killing several of the
Indians and recovering the captured meat, which was destroyed by fire. The troops
then returned to the point where Evans and Bailey had been killed five days before. The
bodies had been stripped but not scalped. As they could not be moved, a stone cairn was
built around them, from which they were afterwards removed to their homes. The party
then returned to Fort Crook. Ed Simmes had in the meantime died; and David Evans,
who lingered a long time, was probably indebted to the surgeon of the post for his recovery.
This narrative is taken from the manuscript of L- T. Thompson, one of the survivors, and
is published at length to show the pure and unadulterated malignity of the Indian tribes in
the Lake country.
On the 19th of August, 1S61, Lindsey iVpplegate, who had been appointed a special
Indian agent, left the Rogue river valley with a company of forty-three men to protect the
immigrants on the Southern Oregon trail. They were too late to save a train of fourteen
families,Vho were attacked by the Indians near Goose Lake on August 27th. With the
exception of one man, who escaped, they were all butchered. The company escorted the
balance of the immigration to the valley without serious accident.
During the winter of 1861-62, a disaster occurred which caused more actual damage
to Southern Oregon than the war of 1855-56. It was a deluge that extended from the
Columbia river to the mouth of the Sacramento in California. It reached the Umpqua
valley about the middle of December, 1861. The waters of the Umpqua river were ten
feet higher than was shown on their banks, or that had ever been known in the traditions
of the Indians. On the Umpqua, it carried away the bridge across the north branch of
the river at Winchester, which had just been completed, at a cost of ten thousand dollars,
by the Moore Brothers. It carried away the mills of Markham & Kellogg on the Umpqua,
and nearly all the ferry-boats, and at Scottsburg entirely washed away the middle and
lower town and left but a few houses in the upper town. On Rogue river, the damage was
quite as large. The flood swept over the river bottoms, carrying awaj' houses and destroying
valuable farms by a deposit of drift and debris. The same was the case also on Gallice "and
Applegate creeks. To add to the calamity, the weather turned extremely cold, and stock
suffered severely.
Upon the breaking out of the war of secession, the regular troops and their officers
being needed at the East, most of them were ordered to that section ; while the garrisoning
of the posts and the protection of the settlers from the Indians were left to the volunteer
troops. For this purpose a requisition was made for a regiment of Oregon cavalry, which
was soon after reduced to six companies. These companies were promptly recruited and
mustered in under the command of Colonel T. R. Cornelius. The companies were
commanded as follows: Company A, from Jackson county. Captain T. S. Harris;
Company B, from Marion county. Captain E. J. Harding ; Company C, from Vancouver,
Captain Wm. Kelly ; Company D, from Jacksonville, Captain S. Truax; Company E,
from The Dalles, Captain G. B. Curry; Company F, from Josephine county. Captain
Matthews. At this time there was of course considerable political excitement over the
occurrences in the East, each man being governed more or less by his party or family
' " <<V'
.^'V/i'
■ J.S. DYSART, ESQ
ELLENSBURGM, W T
OREGON VOLUNTEERS AGAIN IN THE FIELD. 649
prejudices; but the allegation that there was any organized effort to take Oregon out of
the Union, as charged b}' some of the newspapers of the day, was as nonsensical as it was
untrue. The strongest contradiction to such a charge is the fact that three of the six
companies of cavalry were raised in Southern Oregon, which was claimed to be the hot-bed
of the movement ; and all of these were sent to the Columbia river to do service against
the Indians on the northern route to Oregon. R. F. Maury of Jackson county was
appointed lieutenant-colonel, and C. S. Drew, major. The services of these troops during
their term of service deserve a brilliant record ; but, as most of their deeds of gallantry
were not performed in Southern Oregon, they must be left to the abler historian of that
section.
In March, 1S63, Colonel Cornelius having resigned, Lieutenant-Colonel Maurj' was
promoted to the colonelc5^ Major Drew was commissioned lieutenant-colonel, and Captain
S. Truax, major. In the spring of 1S63, Major Drew ordered Captain Kelly with
Company C to construct and garrison Fort Klamath. About the last of March, 1864,
Colonel Drew, who had been quietly drawing his rations at Camp Baker in Jackson county
ever since he was commissioned, received orders from the Department of the Pacific to
repair to Fort Klamath as soon as the roads were passable, and, after leaving force enough
to protect the government property, to make a reconnaissance to the Owyhee countrj' and
return to the post. Colonel Drew and his command arrived at Fort Klamath on the 28th
of May. It was deemed necessary, on account of the hostile disposition of the Indians in
the vicinity, for the force to remain at Fort Klamath until the 28th of June. At this time,
the Colonel organized an expedition of thirty-nine soldiers and proceeded with them to
Sprague river. Upon his arrival at this place, he received the news of an attack upon a
wagon train which was traveling from Shasta valley to the John Day mines. Fortunately
for the travelers. Lieutenant Davis from Fort Crook, California, with ten men, came up
with the train in time to prevent a massacre. Colonel Drew, upon meeting the company,
sent the wounded to Fort Klamath and proceeded to escort them, as well as a company in
reserve, to the place of their destination. This he successfully accomplished; and, upon
his return to Camp Alvord, he received an order requiring him to proceed at once with his
command to Fort Klamath to be present at the council to be held with the Klamaths,
Modocs, and Panina's band of Shoshones. Colonel Drew, with his usual success, arrived
on the council ground just after the treaty had been made.
This treaty is of great importance in history, since it was the ke}- to the Modoc War.
It was made between Huntington, Indian Superintendent of Oregon, Deputy Agent Logan
of the Warm Spring Reservation, and A. E. Wiley, Superintendent of California, by his
deputy, and the Klamaths, Modocs, and the Yakooskin band of Snakes. The Indians on
the ground numbered one thousand and seventy, of whom seven hundred were Klamaths,
over three hundred Modocs and twenty Snakes ; but more than two thousand were
represented. Lindsey Applegate and Mr. McKay acted as interpreters for the Indians.
There was no difficulty in making a treaty with the Klamaths. The Modocs and Snakes
were more reluctant, but signed the treaty, which the}^ perfectly understood. By the
treaty, there was ceded all right to a tract of country extending from the forty-fourth
parallel on the north to the ridge which divides the Pitt and McCloud rivers on the south,
and from the Cascade Mountains on the west to the Goose Lake Mountains on the east.
The reservation was described as follows : Beginning on the eastern shore of Upper
Klamath Lake at the 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
650 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
the bridge at Fort Klamath; thence due east to the ridge which divides the Klamath
marsh from Upper Klamath Lake ; thence along said ridge to a point due east of the end
of the Klamath marsh ; thence due east, passing the north end of the Klamath marsh to
the summit of the mountains, the extremity of which forms the Point of Rocks, and along
said ridge to the place of beginning. The council lasted from the gtli to the 15th of
October, and was entirely satisfactory to the Indians, who hastened to take advantage of
the presents given by the treaty, as well as of the provisions which were furnished by the
agency.
This treaty of- October 14, 1864, was approved by the United States Senate, with
certain amendments, on the 2d of July, 1866, but was not finally ratified until the lotli of
December, 1869. This long delay made the Indians who were parties to the treatv very
suspicious ; and, when the amended treaty was interpreted to them. Captain Jack, then
leader of the Modocs, protested that it did not represent what they had agreed to. He
was, however, convinced by the testimony of other chiefs, and finally assented to it. When
they were established on the reservation, they went to work to build cabins and inclose
ground for cultivation, but soon tired of this occupation. Being warriors they would not
work, and soon began to complain to the local agent that they were annoyed by the
Klamaths. Of course the Modocs had not the slightest fear of the whole Klamath tribe ;
but they induced the agent to remove them on this pretense to three different parts of the
reservation. Subsequently, the proper time having come, they abandoned the reservation
for their chosen ground of plunder; and all subsequent attempts to induce them to return
failed. Brigadier-General Canby, who had superseded General Geo. Crook, knew nothing
of the matter in controversy ; and his ignorance is not surprising when we find that the
superintendent of Indian affairs and the local agents knew still less. The fact is that
Captain Jack had become contaminated by association with the Whites about Yreka,
where he had learned all their vices and none of their virtues. After the treaty of 1864,
several heavy stockraisers in Siskiyou county drove their cattle at once upon the rich
pastures of that region. The citizens of Oregon had also entered upon the same section
of country, but were in danger of their lives from Captain Jack and his band. That
the citizens of California made use of the Modocs to keep strangers off the range cannot
be proved; but the result presents a very strong case. In 1 8 70,^ Captain Jack made a
formal claim to a tract of land six miles square, lying near the head of Tule Lake, which
was already occupied by settlers ; and Superintendent Meacham was weak enough to
recommend to the department the setting apart of this tract.
The Oregon settlers were not idle. On the 3d of Januar}', 1S72, affidavits were
forwarded to Fort Klamath, Major Jackson commanding, making a full statement of the
depredations of the Modocs, including the destruction of fences, the stealing of ha}-,
halters and household utensils, and that Captain Jack had threatened the lives of several
persons living on Lost river. These proofs were forwarded to headquarters at Portland,
but were returned with a request for further information. This specimen of red-tape
would have done credit to an older and better organized department than that then existing
in Oregon. Not satisfied with this evasion, all the settlers of the valley united in a
petition for their removal, stating the various grie\ances, which was indorsed by the local
Indian agents. Upon this last petition. Superintendent Meacham and General Canby
seemed disposed to act, but very slowly. Even a letter from the old pioneer, Jesse
Applegate, did not seem to hasten the matter. The settlers finallv appealed to the civil
authorities, and sent their petition to Governor Grover of Oregon, by whom it was at once
CAUSES AND DETAILS OF THE MODOC INDIAN WAR. 651
referred to General Canby with a request that he would act at once. The General was in
doubt, and requested that the subject should be again referred to the War Department.
On the 2d of April, 1872, Major Elmer Otis, in command, interviewed Captain Jack as to
his intentions. He had a meeting with him, in which he proved by several settlers that
he was a good Indian. One of his witnesses was H. Miller, a large stockraiser, who paid
a subsidy to Captain Jack for protection. He was one of the first that was killed in the
subsequent outbreak. Nothing came from this interview.
It was, however, finally determined that these Indians should be removed to the
reservation in December. Colonel John Green, commanding Fort Klamath, and Mr.
Dryar, the Indian agent at that place, concluded that there would be no serious difficulty
in the removal. On the 2d of December, Governor Grover received a telegram from Hon.
A. J. Burnett, at Linkville, announcing a serious outbreak of the Modoc Indians in the
lake basin, and asking for volunteers. This dispatch was immediately forwarded bj' the
Governor to General Canby, who replied that he had ordered Colonel Wheaton, who had
sufficient forces at his command, to take all proper steps to protect the settlers, which
assurance Governor Grover could not but accept as satisfactory. In this connection it
must be stated, that a campaign conducted in the Siskiyou Mountains, with a major-general
in San Francisco, a brigadier-general in Portland, with a number of gallant officers and
men who were always in doubt whether to obey the orders of their superior officers or of
the Indian agents, presented difficulties not often met in the histor}- of war.
T. B. Odeneal had superseded Meacham as superintendent of Indian affairs ; and the
order to remove the Indians was given by him to Major Green, in command of the District
of the Lakes. The first attempt was made by Captain James Jackson, First Cavalr}^, and
is very tersely told in his report, dated at Crawley's ranch. Lost river, November 30, 1872 :
" I have the honor to report that I jumped the camp of Captain Jack's Modoc Indians
yesterday morning soon after daylight, completely surprising them. I demanded their
surrender and disarming, and asked for a parle}- with Captain Jack. He, Scar-faced Charley,
Black Jim and some others would neither down their arms nor surrender ; and some of
them commenced making hostile demonstrations against us, and finall}- opened fire. I
immediately poured volley after volley among the hostile Indians, took their camp,
killed eight or nine warriors, and drove the rest into the hills. During the engagement I
had one man killed and seven wounded, three of the last severely. The band that I
attacked was on the south side of the river. Another smaller band on the north side was
attacked by a party of ten or twelve citizens, and their surrender demanded ; but, when
the firing commenced in Captain Jack's camp, these Indians opened on the citizens, and
drove them to the refuge of Crawley's ranch. One citizen (John Thurber) was killed in
the fight ; and two others, Mr. Nass and Joe Pennig, coming up the road unconscious of
any trouble, were shot, both of whom died soon after. My force was too weak to pursue
and capture the Indians that made off, owing to the immediate necessity of taking care of
my wounded and protecting the few citizens who had collected at Crawley's ranch. The
Indians were all around us ; and, apprehensive of a rear attack, I destroyed Captain Jack's
camp, and crossed to the other side of the river by the ford, a march of fifteen miles,
taking post at Crawley's ranch, where I now am."
A grave mistake was made in making this attack without having given notice in
advance to the settlers, the consequence of which was the murder of Wm. Bodd}-, Rufus
Boddy, William Bodd}^, Jr., Nicholas Sheiras, William Brotherton, W. K. Brotherton,
Rufus Brotherton, Christopher Erasmus, Robt. Alexander, Johu Tober, John Collins and
652 HISTORY OF PACIFIC NORTHWEST — OREGON AND WASHINGTON.
Henry Miller, who were killed by the Indians who escaped from the lava beds and fell
upon these settlers when they were wholl}^ unprepared for danger.
The next movement in this direction was made under the direction of Brevet
Major-General Frank Wheaton, with every prospect of success. The Colonel had been
reinforced with all the infantry he desired, as well as mortar batteries. Upou the requisition
of Governor Grover, Colonel Ross of the Oregon militia, an old Indian fighter, had
brought into the field two companies, one commanded by Captain Hugh Kelly, and the
other by Captain Oliver E. Applegate. Captain Fairchild of Siskiyou, California, brought
into the field a company of twenty-four men, who were supposed to be sharp-shooters and
men of desperate courage. Major-General John F. IMiller, with his staff. Colonels
Bellinger and Thompson, were also upon the ground to secure success. The general
field-order issued on the morning of the i6th of January, 1S73, bj^ Colonel Wheaton, was
a model of military skill ; and it seemed impossible that there could be a failure.
Uufortunately, at the time the movements should have commeuced, a dense fog covered
the lava beds, making any movement of the troops impossible for the time ; and the
occasional glimpses of the sun only rendered the movements more uncertain. All the men
did gallant service, and were highly praised by the commander ; but the only real advantage
gained by the Whites was a knowledge of the topography of the countrj', and the proper
method of surrounding them. The casualties were as follows : Regulars, seven privates
killed, two ofiicers and seventeen privates wounded ; volunteers, two privates of Captain
Applegate's company killed, and one officer and three men of Captain Fairchild's company
wounded. While the commanding officer was making every preparation for a renewal of
his attack upon the hostiles, an order was received by him requesting him to abstain from
all offensive attacks until, as General W. T. Sherman states it, the peace men could try
their hands on Captain Jack. There was the usual amount of red-tape ; but the Peace
Commission was finally organized by the appointment of A. B. Meacham, Rev. Mr.
Thomas, and Dryar, the Indian agent, with General Canby in the last lead. The result
appears in the report of Colonel Gillam, then in command .
" On the morning of the nth of April, 1S73, General Canb}^, with Messrs. Meacham,
Thomas and Dryar, members of the Peace Commission, met the Modoc Indians at a tent
pitched about one mile in advance of my camp, at the south end of Tule Lakes. The
tent was in what is known as the ' lava beds.' As suspicions of treachery existed, I
directed Lieutenant Adams, chief signal officer, to keep a constant watch on the tent, and
to give me notice of au}^ suspicious movements in the vicinity. The General and members
of the commission went out about eleven o'clock A. m. At one o'clock p. m., I received a
message from Major Mason, on the east side of the lake, stating that his pickets had been
attacked, and that Lieutenant Walter Sherwood had been killed under a flag of truce.
I was engaged in writing a message to General Canby when the signal officer informed
me that the Indians were shooting the General and his party. The troops in the camp
south of the lake at once sprang to their arms, and advanced as rapidly as possible to the
scene of the tragedy; but the Indians had fled. General Canby and Rev. Mr. Thomas
were dead when we reached them. Mr. IMeacham was supposed to be mortally
wounded, but is likely to recover. Mr. Dr3'ar escaped by his fleetness of foot."
This unfortunate result of the peace policy quickly restored the military regime.
Colonel Gillam at once closed his cordon of troops around the lava beds. General Jeff
C. Davis was assigned to the command of the department in place of General Canby, and
PUNISHMEXT OF THE TRAITOROUS SAVAGES. 653
at once entered upon his duties in the field. We have no space to o'ive the militar}^
maneuvers which resulted in the capture of the Modoc leaders, — Captain Jack, Schonchis,
Boston Charley, Black Jim, Barncho, alias One-eyed Jim, and Sloluck, alias Cok. These
were all tried by a military commission, of which Colonel W. L. Elliott, First Cavalry,
was president, on a charge of murder, in violation of the laws of war. The verdict was,
in each case, "Guilty;" and the sentence was that they should be hanged. These
sentences were approved by President Grant ; but the sentences of Brancho and Cok were
afterwards commuted to imprisonment for life at Alcatraz. The rest of the sentence was
duly executed.
END OF VOLUME I.
N. MANCHESTER,
INDIANA 46962
ill
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