Chapter XLII…

Chapter XLII

Assembly of the Nez Perces, Cayuses, and Wallawallas.--Mock fight.--Council with the Indians.--Speeches by Yellow Serpent, Tilokaikt, the Prince, and Illutin.--The secret of the whole difficulty.--John, the Kanaka.--A cow for a horse.--Killing of a medicine woman.

We will return to Rev. Mr. Hines' narrative of his trip among the Cayuses, May 22, 1843.

"As the Indians refused to come together unless Ellis and his men came down to meet us, we informed them that we would go up and see Ellis in his own country; but being suspicious that we intended to prevent his coming down, they were much opposed to our going. Explaining to the chiefs the object of our visit, they seemed to be satisfied."

We have, in this short statement of Mr. Hines, an important fact. The Cayuse Indians had been instructed what to do; they were not to be diverted by any arrangements of the sub-agent. Notwithstanding, the agent and Mr. Hines had learned that Ellis was coming with several hundred warriors, they knew not for what purpose, some saying to make war upon the Cayuses, and they had determined to prevent the meeting of the two tribes if possible. During their absence the Cayuses all collected not far from Dr. Whitman's, and were waiting the arrival of the Nez Perces. On the 22d of May the Nez Perces, some six hundred strong, with a thousand horses, arrived on the plain. Some three hundred of the Cayuses and Wallawallas uniting formed a grand Indian cavalcade on the plain in front of Dr. Whitman's house, when a grand display of Indian horsemanship commenced, such as advancing in mock fantastic fight, with discharges of blank cartridges, wheeling and running in all directions, till the Indians had nearly worked themselves into a real fight and a great excitement. Ellis said that he thought the Cayuses were determined to have a fight in earnest.

Tawatowe, the Catholic chief, as he approached them appeared quite angry and disposed to quarrel. Seeing the excitement increasing, and fearing that it might end seriously unless the attention of the Indians could be drawn to some other subject, Mr. Spalding, who was present, gave notice that all would repair to Dr. Whitman's house for tallapooso (worship). But Tawatowe came forward in a very boisterous manner and inquired what we had made all this disturbance for. The American party, followed by several hundred Indians, repaired to the station and engaged in religious exercises, when the excitement subsided for the night.

On May 23, the chiefs and principal men of the three tribes assembled at the station to hear what the self-constituted United States Indian commissioner and his secretary of state had to say.

"They were called to order by Tawatowe, who by this time had got over his excitement, and then was placed before them the object of our visit. They were told that much had been said about war, and we had come to assure them that they had nothing to fear from that quarter." If Dr. White was no more explicit in setting forth the object of this visit to the Indians than Mr. Hines is in giving the account of it, there certainly was room for a misunderstanding between him and the Indians. He said "the President of the United States had not sent him [Dr. White] to make war upon them, but to enter into arrangements with them to regulate their intercourse with the white people. We were not there to catch them in a trap, as a man would a beaver, but to do them good; and if they would lay aside their former practices and prejudices, stop their quarrels, cultivate their lands, and receive good laws, they might become a great and happy people; that in order to do this they must all be united." Exactly what the Hudson's Bay Company wished to have done to aid them in crushing the American settlement and preventing further American emigration to the country.

As a reason for their being united, Mr. Hines says, 178-9th pages:

"They were told they were few in comparison to the whites, and if they were not all of one heart they would be able to accomplish nothing. The chiefs should set the example and love each other, and not get proud and haughty, but consider the people as their brothers and their children, and labor to do them good, that the people should be obedient, and in their morning and evening prayers they should remember their chiefs.

"Ellis remarked that it would not be proper for the Nez Perce chiefs to speak until the Cayuse people should receive the laws. The Cayuse chiefs replied: 'If you want us to receive the laws, bring them forward and let us see them, as we can not take them unless we know what they are.'

"A speech was then delivered to the young men to impress them favorably with regard to the laws. They were told that they would soon take the places of the old men, and they should be willing to act for the good of the people; that they should not go here and there and spread false reports about war; and that this had been the cause of all the difficulty and excitement that had prevailed among them during the past winter."

With the information which Mr. Hines has already given us in the first part of his ninth chapter, we would suppose he would avoid this apparently incorrect statement to the Indians of the cause of the difficulties then existing. He and Dr. White appear to have acted under the same influence with Dr. McLaughlin, and to have carried all their acts and counsels to the one object, which was to combine the Indians, and divide and destroy the settlement. He tells us, in continuation of the proceedings of this council, that "the laws were then read, first in English, and then in Nez Perce."

"Yellow Serpent then rose and said: 'I have a message to you. Where are these laws from? I would that you might say they were from God. But I think they are from the earth, because, from what I know of white men [a term claimed by Brouillet as belonging to the Hudson's Bay Company and Frenchmen], they do not honor these laws.' In answer to this, the people were informed that the laws were recognized by God, and imposed on men in all civilized countries. Yellow Serpent was pleased with the explanation, and said that it was according to the instructions he had received from others, and he was glad to learn that it was so, because many of his people had been angry with him when he had whipped them for crime, and had told him that God would send him to hell for it, and he was glad to know that it was pleasing to God.

"Tilokaikt, a Cayuse chief, rose and said: 'What do you read the laws for before we take them? We do not take the laws because Tawatowe says so. He is a Catholic, and as a people we do not follow his worship.' Dr. White replied that this did not make any difference about the law; that the people in the States had different modes of worship, yet all had one law.

"A chief, called the Prince, arose and said: 'I understand you gave us liberty to examine every law,--all the words and lines,--and as questions are asked about it, we should get a better understanding of it. The people of this country have but one mind about it. I have something to say, but perhaps the people will dispute me. As a body, we have not had an opportunity to consult, therefore you come to us as in a wind, and speak to us as to the air, as we have no point, and we can not speak because we have no point before us. The business before us is whole like a body; we have not dissected it. And perhaps you will say it is out of place for me to speak, because I am not a great chief. Once I had influence, but now I have but little.'"

This was one of the principal chiefs of the tribe that assisted in taking Fort Wallawalla and tying Mr. Pambrun to compel him to give more goods for horses and furs. "He was about to sit down, but was told to go on. He then said: 'When the whites first came among us, we had no cattle; they have given us none; what we have now got we have obtained by an exchange of property. A long time ago Lewis and Clarke came to this country, and I want to know what they said about us. Did they say they found friends or enemies here?' Being told that they spoke well of the Indians, the Prince said: 'That is a reason why the whites should unite with us, and all become one people. Those who have been here before you have left us no memorial of their kindness, by giving us presents. We speak by way of favor; if you have any benefit to bestow, we will then speak more freely. One thing that we can speak about is cattle, and the reason why we can not speak out now is because we have not the thing before us. My people are poor and blind, and we must have something tangible. Other chiefs have bewildered me since they came; yet I am from an honorable stock. Promises which have been made to me and my fathers have not been fulfilled, and I am made miserable; but it will not answer for me to speak out, for my people do not consider me as their chief.' [This was just what Mr. Pambrun, of the Hudson's Bay Company, had done to this Indian chief to break his power and destroy his influence with his tribe and his people. But let us hear him through.] 'One thing more; you have reminded me of what was promised me some time ago, and I am inclined to follow on and see, though I have been giving my beaver to the whites and have received many promises, and have always been disappointed; I want to know what you are going to do?'

"Illutin, or Big Belly, then arose and said that the old men were wearied with the wickedness of the young men; that if he was alone he could say 'Yes' at once to the laws, and that the reason why the young men did not feel as he felt, was because they had stolen property in their hands, and the laws condemned stealing. But he assured them that the laws were calculated to do them good and not evil.

"But this did not satisfy the Prince. He desired that the good which it was proposed to do them by adopting the laws might be put in a tangible form before them.

"He said that it had been a long time since the country had been discovered by whites, and that ever since that time people had been coming along promising to do them good; but they had all passed by and left no blessing behind them."

This chief said that "the Hudson's Bay Company had persuaded them to continue with them, and not go after the Americans; that if the Americans designed to do them good, why did they not bring goods with them to leave with the Indians? that they were fools to listen to what Suapies (Americans) had to say; that they would only talk, but the company would both talk and give them presents."

This Indian, as his speech shows, was shrewd, and thought he was certain to obtain his object, either from the Hudson's Bay Company or the Americans. He had been humbled by the company, and an offer to buy him back had been made. He bid for a higher price with the Americans. In doing so, he naturally exposed the secret influence of the company, which is given in this book of Mr. Hines', as a matter of course, and he passes along without note or comment upon what he saw, and heard.

"In reply to the last Indian speech, Dr. White told the Indians that he did not come to them as a missionary or as a trader."

To Ellis and Lawyer, who called on them in the evening to have a talk, "they said they expected pay for being chiefs, and wanted to know how much salary Dr. White was going to give them. Ellis said he had counted the months he had been in office, and thought that enough was due him to make him rich. They left at a late hour without receiving any satisfaction. In the council, efforts were made to induce the Nez Perces to unite under one chief in the fall of 1842. Thomas McKay had promised these chiefs large salaries and many presents that Dr. White and his government would give them as an inducement to form a union, knowing that White had not the ability or means to make good his promises to them, and in this way any influence as an agent of the American government he might have would be lost in this tribe.

"Ellis was a Hudson's Bay Indian, educated at the Red River settlement. They left this private interview with White without any satisfaction, showing that the policy of the company was producing its legitimate effect upon Ellis's mind. The Lawyer, however, understood the matter in its true light. He explained to us the whole transaction, and the promises of McKay from the company. He thought Dr. White was foolish to let McKay talk so much for him and the American government.

"Some hundreds again assembled the next day (May 24) to renew the business relative to laws; but the first thing investigated was the shooting of John, the Kanaka, by the Indian. John had gone to a lodge the day before, and in a dispute in a trade he had dared the Indian to shoot him. The Indian had seized his gun and fired it at John's head, making considerable of a hole in the scalp, but none in the skull. The Indian fled, but was brought back and found guilty and kept till the laws were adopted for sentence and punishment, and finally punished with forty lashes on the bare back.

"The Indians continued to speak in reference to the laws. Their speeches were grave, energetic, mighty, and eloquent, and generally in favor of receiving the laws. After all had spoken it was signified that they were ready to vote whether they would take the laws or not, and the vote was unanimous in the affirmative. Having adopted the laws, it was now necessary to elect their chief, according to the provisions of the laws, and Tawatowe was nominated to the highest chieftainship. Some were opposed; a majority were in favor, and while the question was pending [this Indian had not consulted his priest, or he would have declined at once on this first proposition to elect him chief], Tawatowe arose and said, 'My friends, I rise to speak to you, and I want you all to listen.' He then adverted to his past history, and told them how much he had suffered in consequence of their divisions and quarrels. Tawatowe joined his influence with the Prince to get more pay from the Hudson's Bay Company for horses and furs, hence his tribe were encouraged to quarrel with and disrespect him. When we first arrived in the country he was seldom invited to the fort, and received no presents from the company. He inquired of his people if they would lay aside all their past difficulties and come up and support him if he would accept of the chieftainship.

"It was now time to close for the day, and the vote being put, Tawatowe was declared duly elected to the high chieftainship of the Cayuse tribe.

"Dr. White bought of Mrs. Whitman a fat ox and presented it to the Indians. Mrs. W. gave them a fat hog, which they butchered and feasted upon at night.

"May 25.--A number of the chiefs came early in the morning at Mr. Hines' request, to settle a difficulty concerning some horses which they gave to Rev. Jason Lee when he first came to Oregon in 1834, Mr. Lee having requested Mr. Hines to come to some arrangement with them if possible. After a long talk we succeeded in settling with them by proposing to give them a cow for each horse that they had given to Mr. Lee. We found that the Indians always expected to be well paid for a present."

The Jesuit missionaries and the Hudson's Bay Company had represented to the Indians that Mr. Lee's receiving their horses and not making them any presents was the same as stealing from them, and in this way the American missionary was regarded as having stolen the Indians' horses. In the conversations and talks the Indians had with Dr. Whitman about the land the mission occupied, the horses given to Mr. Lee were generally mentioned. Dr. Whitman was anxious that some arrangement should be made to settle that matter as soon as he learned the facts in the case. The Indians, as per arrangement with Mr. Hines, did receive a cow for each horse given, and thus the matter was satisfactorily settled.

The Indians having again assembled, Tawatowe came forward and said that he had made up his mind that he could not accept of the chieftainship, in consequence of the difference of his religion from that of most of his people.

Here is Jesuitism and Hudson's Bay, combined with ignorance and religious bigotry, and shows the influence then operating upon the savage mind. This Indian declared a reason why he could not accept the chieftainship, which, four years later, would have fixed at once a crime upon that sect, without a shadow of doubt in their favor. As it was, the plan was deeper, and a Protestant Indian, or one that favored the Protestant cause and American missions, a younger brother of Tawatowe is selected. Tawatowe resigned, and his brother Five Crows is elected the American head chief of the Cayuse tribe, with the approval of the sub-agent of the United States. Bear these facts in mind as we proceed, that you may fully understand the deep-laid plots of the foreign influence then operating in the country to secure the whole or a large portion of it for themselves and their own government.

In connection with this we will give one other incident as related by Mr. Hines on his tour among the Indians; to show the shrewdness, as also the long premeditated baseness of the Hudson's Bay Company in their efforts to get rid of all American missionaries and settlers, and to bring on a war with the Indians. Mr. Hines and party returned to the Dalles, and from there Mr. Hines embarked on one of the Hudson's Bay Company's boats with Mr. Ogden for Vancouver. A short distance below the Dalles they were driven ashore by a wind storm. While there, Mr. Ogden told the following story of the killing of a medicine woman, or doctress:--

"Mr. Ogden related some of his wonderful adventures among the Indians, with whom he had resided more than thirty years. He was an eye-witness to a remarkable circumstance that transpired at the Dalles during one of his voyages up the Columbia.

"He arrived at the Dalles on the Sabbath day, and seeing a congregation of some three hundred Indians assembled not far from the river, he drew near to ascertain the cause, and found the Rev. H. K. W. Perkins dispensing to them the word of reconciliation through a crucified Redeemer. There was in the outskirts of the congregation an Indian woman who had been for many years a doctress in the tribe, and who had just expended all her skill upon a patient, the only son of a man whose wigwam was not far distant, and for whose recovery she had become responsible by consenting to become his physician. All her efforts to remove the disease were unavailing; the father was doomed to see his son expire. Believing that the doctress had the power of preserving life or inflicting death according to her will, and that instead of curing she had killed his boy, he resolved upon the most summary revenge. Leaving his dead son in the lodge, he broke into the congregation with a large butcher-knife in his hand, and, rushing upon the now terrified doctress, seized her by the hair, and with one blow across her throat laid her dead at his feet."

This story is a very plausible one, as much so as the one Mr. Hines tells us on the 110th page of his book, about Smith, Sublet, and Dripse's partner. There is an object in telling this story at this time to Mr. Hines, as much so as there was in a letter written by James Douglas, Esq., to S. N. Castle, Esq., and published in the March number of the Friend, at Honolulu, Sandwich Islands, which we will give in due time.

The reader will observe in these sketches that our effort has been to speak of all the principal events and prominent and prospective influences in our early history, as in the year in which they occurred. In attending to other duties we have not been able to keep as close to dates and chronological order as we could wish; still, with patience and perseverance we can restore the "lost history" of our early settlement upon this coast, so that the future historian can have the material before him for an interesting chapter in the history of our country.

We have, in addition to personal and public duties, to wade through an immense amount of what is called Oregon history, to gather up dates and events that have been given to the public at different times, without order, or apparent object, only to write a book on Oregon. We have no hesitancy in saying that Rev. G. Hines has given to the public the fullest and best book, and yet there is but a single chapter that is useful to the historian.

Rev. Samuel Parker has many scientific and useful statements and observations, but all come in before our civil history began to develop itself.

Spotted a typo or a problem in this chapter? Tell us

Chapter XLIII

The Legislative Committee of nine.--Hon. Robert Moore, chairman.--Description of the members.--Minutes of their proceedings.--Dr. R. Newell, his character.--Two specimens of his speeches.--The dark clouds.

In 1843 the people of Oregon showed signs of life, and sprang into existence as an American Territory with their provisional government, which we have allowed to be silently forming in the Wallamet Valley, while we have traced the operations of the Hudson's Bay Company, and Dr. Whitman to Washington; and also Dr. White and Mr. Hines among the Indians, all over the country. This will enable the reader to understand the strong influences operating against the American settlement; and if he will go with us, we will introduce him to the first Legislative Committee of nine, and tell him just what we know of their proceedings all through their deliberations.

The record shows no instruction from the settlers, as to when or where the committee should meet to prepare the laws, to report at Champoeg, only, that they were limited to six days, and to be allowed $1.25 per day, and that the money be raised by subscription. Every member at once subscribed to the full amount of his own per diem pay, and in addition to this, Mr. Alanson Beers, Rev. J. L. Parish, and Dr. Babcock subscribed the full amount of the board of the whole nine, and the Methodist Mission furnished without charge the use of their granary at the old mission, as the first council chamber on this western coast. The building was a frame some sixteen by thirty feet, one and a half stories high, boards upright, with one square room in front, and the balance used for a granary, from which it derived its name; the upper part was for storing and sleeping use. The square room was used for schoolhouse and church, and now, for a legislative hall.

We will enter this hall and introduce you to an old gray-headed man with a fair complexion, bald head, light eye, full face, frequent spasmodic nodding forward of the head, and a large amount of self-importance, not very large intellectual developments, with a superabundance of flesh, sitting by a square-legged table or stand, in a chair with square posts, and strips of rawhide for bottom; dressed in fustian pants, large blue vest, and striped shirt, and a common brown coat, who, on motion of Mr. Hill, was chosen Speaker of the House, and hereafter will be known in our history as Hon. Robert Moore, Esq.

The first difficulty the committee found was to organize a government without an executive. They could organize a legislative body, and appoint all the committees and officers and draft all the laws necessary, but the folly and absurdity of the effort without an executive, was so apparent, that the first thing decided upon, was, Shall we have an executive head, called a governor, or a committee with executive powers! This was a difficult question, under all the votings and the discussions that had taken place. The committee were fully aware of all the opposition they must contend with. The judgeship had passed by vote of the people at Champoeg from a member of the Methodist Mission to Mr. A. E. Wilson, an intelligent, unassuming, and excellent young man, who came to the country in the employ of Mr. Cushing, and had become a settler.

The committee were well assured that they could eventually secure the Methodist Mission influence, yet at this time it was extremely doubtful, and they feared that it would, as in the previous effort of 1841, go against them, with that of the Catholic Mission and the Hudson's Bay Company. An executive committee consisting of three men would form a council that could act in any emergency, and at the same time enable the Methodist Mission to be represented by one of their members in the Executive Council.

Alanson Beers was a good, honest, faithful, and intelligent Christian man, acting with heart and soul with the interests of the settlement and the American cause. The settlers could rely upon him.

David Hill was a resident of Hillsborough, Tualatin Plains, and was known to be decidedly opposed to the company, and not any too favorable to the Catholic and Methodist missions. He could be relied upon so far as the outside settlers were concerned, and Robert Newell could represent the Rocky Mountain men and such of the Canadian-French Hudson's Bay Company, and Roman Catholics as were disposed to join our organization. It was in consequence of his contending so strongly for the Hudson's Bay Company's rights, interests, and privileges, at Champoeg, on the 5th of July, that he was dropped, and Joseph Gale (who was one of the Ewing Young party to bring cattle from California to the Wallamet settlement) elected in his place.

With the understanding as above indicated, the Legislative Committee, consisting of Hon. Robert Moore, David Hill, Robert Shortess, Alanson Beers, W. H. Gray, Thomas J. Hubbard, James A. O'Neil, Robert Newell, and William Dougherty, with the uplifted hand solemnly declared before God that they would faithfully perform the duties assigned them by the people of this settlement, at Champoeg, on the 2d day of May, A.D. 1843, so far as they understood the duties thus assigned them. W. H. Gray then by request administered an oath to the Speaker elect, that he would faithfully and impartially discharge the duties of his office as presiding officer of the present appointed Legislative Committee of the people of Oregon, so help you God; to which Beers said, Amen. The question arose as to the appointment of a clerk for the committee, when the members agreed, if necessary, to pay his expenses per diem, if no other means were provided.

George W. Le Breton, a young man of active mind, ready with the pen, useful and agreeable, and practical in his conversation, having come to the country as an adventurer in a vessel with Captain Couch, was chosen secretary and duly qualified by the Speaker. The records of the proceedings, as published, seem to have left out the preliminary part of this Legislative Committee's proceedings. This is owing to the fact that the compiler had no personal knowledge of them, and perhaps sought information from those as ignorant of the facts as himself; hence the meager and unsatisfactory document given to the country. Most, or all of the proceedings thus far mentioned were with closed doors, as will be seen by the record published. It was not deemed important by Messrs. Newell, O'Neil, and Hubbard, to have any record of our daily proceedings, only the result or report. Messrs. Shortess, Beers, Gray, Dougherty, and Hill thought it best to keep a record, which was commenced.

"WALLAMET, May 15, 1843.--The Legislative Committee met, and after the preliminary discussions above alluded to, came to order by electing Robert Moore, Esq., chairman, and G. W. Le Breton, secretary.

"On motion of W. H. Gray, a committee of three was appointed by the chairman to prepare rules and business for the house. This committee (Messrs. Gray, Shortess, and Newell), at once, in a hasty manner, prepared eight rules, and suggested the business proposed for the committee as a whole to perform. The rules were taken up and adopted with scarcely a single objection. Up to this time no one except members of the committee had been allowed a place in the house as spectators.

"On motion, it was decided that the committee sit with open doors. O'Neil, Hubbard, and Dougherty favored the closed-door sessions, as they did not want to expose their ignorance of making laws. Newell thought we had better make as little display as possible, for it would all be known, and we might be ashamed of what we had done.

"Shortess, Hill, Gray, and Beers were willing that all our efforts to make laws for ourselves should be fully known, and were ready to receive instructions and advice from any source. The deliberations of the committee, they were confident, would not prevent opposition or aid the opposers of our proposed organization.

"On motion, a judiciary committee was appointed by the Speaker or chairman, consisting of Messrs. Beers, Hubbard, and Shortess.

"On motion, a committee of ways and means was appointed, consisting of Messrs. Shortess, O'Neil, and Dougherty."

The minutes at this stage show that there was a doubt as to the disposition of the Speaker, Mr. Moore, to place the best men as chairmen of the several committees. Mr. Moore had peculiar notions of his own about land claims, and had placed upon the committee, I think, Robert Newell, as favoring his and Dr. McLaughlin's pretensions to the entire water privileges at Wallamet Falls, which resulted in the appointment as above stated. The record seems to convey the idea that the first appointment was conferred by vote. This was not the case. It was the final action that was repeated and entered.

"On motion, a committee, consisting of Hubbard, Newell, and Gray, was appointed on military affairs."

We have not the original documents to refer to, but are of the impression that considerable correction was made in the first day's journal, and that more should have been made at the time. There was a little feeling on the part of the Speaker and the writer as to the necessity of an extended minute, and a disposition on the part of Mr. Le Breton to do as little writing as possible, not for want of time and material, but, from the deep interest he took in the discussions, he seemed to forget his work. I am not prepared to think the compiler has abridged the minutes, yet such may be the fact.

"On motion, Messrs. Shortess, Dougherty, and Hill were appointed a committee on private land claims.

"On motion, Messrs. Gray, Dougherty, and Beers were appointed a committee on districting the Territory into not to exceed five districts."

This committee, it seems by the motion, was to be appointed by the chairman or Speaker.

"Adjourned to 8 o'clock, A.M., May 17, 1843.

"The house was called to order by the chairman, and Mr. Gray appointed secretary, pro tem. The session was then opened with prayer by A. Beers. The minutes of yesterday's session were then read, corrected, and accepted."

The house then adjourned for one hour and a half to prepare business, at the expiration of which time they were called to order by the chairman.

The judiciary committee reported progress. The military committee reported in part; also committee on districts.

"Reports accepted.

"It was moved that there be a standing committee on finance, which was lost, as the vote at Champoeg had directed that the finance of the government should be by subscription and voluntary contribution.

"Adjourned to 1.30 P.M.

"House called to order by Speaker.

"On motion, house went into committee of the whole upon reports of committees, Gray in the chair. It was soon found that the business before the committee of the whole was not in a shape to be properly acted upon, and that by an open and informal meeting of the members, it could be brought into shape for action, or rather that the several members of the different committees had not had a full expression upon the reports that were before them, and these expressions could be shortened by separate committee consultation and agreement among the members of the several committees; hence an adjournment of one hour was agreed upon.

"At the close of the hour the house met and agreed, went into committee of the whole as to the number of districts. The report of the committee accepted, as amended in committee of the whole."

The question arises here why did not this committee on districts, and the whole Legislative Committee, specify all north of the Columbia River?

It will be remembered that the Hudson's Bay Company, with all the influence and votes they, with the priests, could collect, had met the settlers at Champoeg on the 2d of May previous, and opposed the entire organization; and the French priest had sent to the Legislative Committee a protest against any organization; at least the districting committee was aware that such would be the case, as the protest already given was in the hands of Le Breton, the secretary of the committee, and of the whole house. In specifying the districts beyond the limits named, or north of the Columbia, the additional votes and personal influence of the company would be thrown against us. The district committee contended that that influence and vote would defeat us, and make us an English or Hudson's Bay Company settlement. We could, without the interference of the company, manage our own affairs with such of the French settlers as chose to remain and vote with us. Such as did not like our laws could have a place to which they could continue their allegiance. Besides, we were confident we should receive a large immigration in the fall, and in that case we could extend our settlements and districts and laws to that section of the country.

Another prominent, and perhaps the most prominent reason of all was, we were afraid to attempt to enforce any laws we might wish to adopt, or think necessary among ourselves, upon the servants of the company. We did not acknowledge their right to enforce any English laws over us, and we, as the writer thought then, and still thinks, wisely concluded if they would not openly interfere with us, we would not openly interfere with them, till we were strong enough to outnumber and control them, as will hereafter be clearly demonstrated.

The journal of the proceedings of that committee shows that there were frequent short adjournments. These moments were all occupied in discussing and agreeing upon some report that was soon to be acted upon, and in coming to a unanimous vote as to the final result; there was but one thought and but one object with the majority of the members of the Legislative Committee.

That thought and object was, to establish the provisional government they had undertaken to organize. They felt that union in their action was absolutely necessary, as the opposing elements were so strong, that without it we must fail, and subject ourselves and the settlement to the worst possible tyranny and humiliation from Dr. White and the Hudson's Bay Company.

After the second recess, during the second day, the report of the military committee was before the house and instructions asked. Newell was opposed to any military arrangements at all. Hubbard was undecided. Gray insisted on carrying out the instructions and ideas of the meeting of the 2d of May in regard to military officers that had been appointed at that meeting, and in preparing rules to govern them in organizing and drilling the men. He was unwilling to leave the military power without any responsibility to any one but themselves; hence instruction was asked, and given, to proceed as indicated in the meeting at Champoeg, and prepare a military law, to be included in the articles of organic compact.

"May 18, 1843.--House met pursuant to adjournment. Session was opened by prayer. Minutes of yesterday's session read, corrected, and accepted.

"Robert Newell moved, and was seconded, that a committee be appointed to prepare a paper for the signature of all persons wishing an organization."

The reader is already informed of the appearance of the French protest, and that it was in the possession of Le Breton. It is possible that Newell may have received it from the French priest. The writer has never been able to learn the exact facts in the case. At all events Newell's resolution shows, that however willing and ready he was to commence the organization of an American government with his adopted countrymen, he is now in doubt as to the propriety of the step he, with others, had undertaken.

He presents a resolution to get up a committee to prepare a paper to circulate among the people, to find out who were in favor of the organization we were then attempting to bring into shape, under the instructions already received.

Perhaps the reader will understand Mr. Newell better if he is more fully informed as to his real genealogy, as there has always been a little doubt whether he belonged to the American or British nation. From the best information we could get about him, he was formerly from Cincinnati, Ohio, and the Rocky Mountains. From the earliest history we have of him, he has claimed to be an American, and represented the interests of a foreign monopoly, under a religious belief that he was conscientiously right in so doing. By keeping himself talking strong American sentiments to Americans, and acting strongly anti-American while in the mountains and in the settlement, he succeeded in obtaining and holding positions to benefit the trade of the Hudson's Bay Company; also a place in the Legislative Committee, and in the settler's government, to shield and protect those who were seeking the destruction of all American trade and influence in the country. He was a man of quite ordinary ability, yet smooth and insinuating in his manners, with a great abundance of plausible stories, to make a stranger believe he was learned in a profession. His real sentiments could never be learned except by his vote; his thoughts only read by his acts, which always tended to complicate and confuse legislation. This probably arose from a disposition to seek popularity and places he was incompetent to fill; as, also, from the title he assumed in early life, it naturally made him a hypocrite in action as well as profession. He had not the moral principle requisite to make known the truth, and to assume his proper position and be regarded as a plain man without a title. As plain Bob Newell he could be respected for his natural and genial talent. As Dr. Newell he assumes an air to correspond with the title, and shows the hypocrisy of his life. He was at this time, and has continued to be, a faithful representative of the Hudson's Bay Company and Jesuit interests in the country, for which service they should enter his name upon their calendar of saints. As a public man, we are not aware that he ever originated a single act or law; but as representing a clique, or the interests of his masters, he has always been ready to do his utmost in every possible way. At the time we were called to vote upon Mr. Newell's first resolution, his position was fully known to but few, yet enough was understood of his duplicity to reject his proposition at once, and the house proceeded to amend its rules and add a ninth to those already adopted.

The report of the military committee was recommitted with instructions for further notion. Mr. Hubbard was considerably under the influence of Newell, and in consequence of this fact the military rules or laws were remodeled in committee of the whole. Newell and Hubbard were disposed to defeat it altogether as unnecessary, as intimated in the tenth proposition in the French priest's address. In fact, Mr. Newell acted all through the proceedings of the Legislative Committee upon the ideas contained in that address, and opposed all measures looking beyond the suggestions contained in it.

At this point, the judiciary committee, consisting of Beers, Hubbard, and Shortess, reported in part on the executive power, and opened the eyes of Dr. Newell to the awful responsibility and to a full realization of the fact that a majority of the committee were in favor of an organization, and a real, actual American government. He took the floor and commenced: "Wall, reelly now, Mr. Chairman, this 'ere report is a stumper, I see from the report of this 'ere committee that you are going on a little too fast. I think you had better find out if we can carry this thing through before we go too far. We have a good many people that don't know what we are about, and I think we had better adjourn before we go too far."

In the midst of this speech, which was a repetition of the reasons for getting up the paper to find out who were favorable to our proposed government, the house was so uncourteous as to adjourn and leave the balance of Dr. Newell's speech unrepeated. Suffice it to say, that in those short adjournments as noted in the Oregon archives, nearly or quite all the little differences of opinion were quickly explained and understood by a majority of the members. The exact subjects that were before them at the several meetings we have no documents to indicate, and we can only be governed by such documents as we have, to wit, the record and our own memory.

Newell was the only prominent opposer of the report of the judiciary committee, which was prepared by Robert Shortess, to whose memory we are indebted for a remarkable speech of Hon. Mr. Robert Newell on that occasion. Mr. Shortess says the discussion was on the question of who should be deemed voters. Most of the committee were in favor of universal suffrage, and, as Dr. Newell had a native wife, naturally supposed he would be quite as liberal as those who had full white families; but the doctor gave us one of his "stumpers," or, as he calls it, "big fir-tree speeches," by saying: "Wall, now, Mr. Speaker, I think we have got quite high enough among the dark clouds; I do not believe we ought to go any higher. It is well enough to admit the English, the French, the Spanish, and the half-breeds, but the Indian and the negro is a little too dark for me. I think we had better stop at the half-breeds. I am in favor of limiting the right to vote to them, and going no further into the dark clouds to admit the negro."

We confess that till Mr. Shortess reminded us of this speech, and the manner of its delivery, it had escaped our memory, and that, without it, Mr. Newell could scarcely receive his proper position in the history of our early struggle for American liberty upon this coast. His position and the patronage he received from the Hudson's Bay Company were sufficient for him to work effectually in their interests through all our struggle.

"At the evening session of May 18, the committee on ways and means were instructed to prepare a subscription for presenting at the general meeting, to procure funds to defray the expenses of the government, after spending a short time in committee of the whole.

"Adjourned till next day.

"May 19, 1843.--House met pursuant to adjournment. Opened with prayer. Moved that the minutes of the 18th be accepted. Taking the whole subject of the organization into consideration, Gray presented the following resolution that a committee of three be appointed to prepare and arrange all the business that has been done, or may be done hereafter at this session, revising statutes of Iowa, etc., report at the next session of the committee, and request the clerk to copy the same.

"Resolution adopted.

"Messrs. Gray, Beers, and O'Neil were appointed; these three living within fifteen miles of each other, it was thought could meet and superintend and revise the whole proceedings, and get them in shape for the public meeting.

"Committee of ways and means reported a subscription, which was accepted, and the military committee reported in part, which was accepted.

"Adjourned to 2 P.M.

"At 2 P.M. house met. The judiciary committee reported in full. Report accepted."

On the 20th page of the archives, and in reference to the proviso in the fourth article of the organic law, the record does not give us the fact. The proviso referred to was prepared but not included in the original act, as reported and read at Champoeg, but was adopted at Champoeg. The report was duly referred to the revising committee, and the proviso left in the hands of Le Breton to be withheld or presented, as the occasion might require, in the final action of the people. The large pretensions to lands by the Methodist and Catholic missions were fully understood by the entire committee. They wished to curtail them as much as possible, and were fully aware that any direct action to this end would bring the whole influence of both missions against them.

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Chapter XLIV

Fourth of July, 1843.--Oration by Mr. Hines.--Meeting of July 5.--Debate on the land law.--How the Jesuits and the Hudson's Bay Company secured their land claims.--Speech of the Rev. G. Hines against the proposed Executive Committee.--The committee supported by O'Neil, Shortess, and Lee.--W. H. Gray closes the debate.--The report of the committee adopted.--Committee appointed to report to Congress, another to make a Digest of Territorial laws, and a third to prepare and administer an oath of office.

On the 4th of July our national anniversary was observed, and an oration was delivered by the Rev. G. Hines. The committee favored the selection of Mr. Hines as orator, that they might gain his views, and be ready to meet him on the main questions that would be brought up on the fifth. In this, however, we failed, as he dwelt principally upon the subjects of temperance, the glorious deeds of our forefathers on the other side of the Rocky Mountains, and the influences and blessings of the day. No Englishman, or foreigner, could have taken any exceptions to his sentiments or language. On the 5th, Dr. Babcock, chairman of the meeting of May 2, being absent, the meeting was called to order by G. W. Le Breton, one of the secretaries of the May meeting. On motion, the Rev. Gustavus Hines was elected president of the convention by acclamation. R. Moore, Esq., chairman of the Legislative Committee, presented his report, which was read by Secretary Le Breton, and on motion accepted. Rev. L. H. Judson moved that the report of the committee on ways and means be accepted. This motion brought the land law up for discussion. The Legislative Committee as a whole reported that law entire, to the proviso in the fourth article. Upon the first part of that article a discussion arose between Mr. Newell and the members of the Methodist Mission, as to the right of any single individual to hold a claim of 640 acres upon a city or town site, or extensive water privilege. Mr. Moore agreed with Mr. Newell on that question, as he claimed one side of the Wallamet River at the falls, and Dr. McLaughlin the other. The Methodist Mission also claimed a right to the east side of the Wallamet, and the Milling Company claimed the island, upon which they were erecting mills. Mr. Newell opposed the fourth article, to favor Dr. McLaughlin; the Methodist Mission and Milling Company favored the article on the ground that it secured them in their rights, and prevented a monopoly of that water-power by any single individual. Rev. Jason Lee was anxious to secure the rights and claims of the Methodist Mission. So far as the water privilege and town sites were concerned, there were no fears on the part of the committee, but in reference to the large claims of the Methodist Mission, there were fears that Mr. Lee and Mr. Hines would oppose our whole effort, and combine the influence of their mission against the organization. To satisfy Rev. Jason Lee, Le Breton presented the proviso as contained in the fourth article, which removed his objection. The committee were well assured that the Jesuit missions would claim the same right to land, and in this way, the one mission would be induced to give up to curtail the other. This occurred as anticipated, only the Methodist Mission held on to their claims, and attempted to maintain them publicly, while the Jesuits did the same thing silently, and by having their lands recorded in the supposed names of their members, or priests, the same as the Hudson's Bay Company recorded all their improvements and forts in the names of their different servants, so as to hold them for the company; the company and the Jesuits having, as they supposed, secured their own claims to land in the name of their respective servants, joined with the new immigrants, in condemning the large pretensions of the Methodist Mission, and in this way prejudiced the minds of the settlers against it for doing, openly, just what they had done in the names of their servants, secretly.

On the final vote there were but few dissenting voices, except upon the adoption of the proviso. It may be asked why the land law was brought up first. The minutes as recorded on the twenty-third and twenty-fourth pages of the Oregon archives, show that Mr. Judson moved the adoption of the report of the committee on ways and means. This was all the minute that was made, as the business and discussion progressed. The report on the land law was deemed, by the committee, to be of the first importance, as all were personally interested in the law about land claims; and upon the discussion of that report, they could learn the result of the whole effort, and the feelings of the people as to the permanence of the proposed government. The notice of the report of the committee on ways and means, on page 24, and of the proviso, is entered, to show that the amendments alluded to were made. We are of the opinion, that had Mr. Le Breton lived to copy those minutes, he would have so changed them. He says such amendment and proviso were adopted. To this fact we have affirmed under oath as being a part of the provisional law adopted at that meeting. This brings us to the first clause of the organic law, as adopted by the people in mass convention.

The preamble and first article were adopted on motion of Joseph McLaughlin, the second son of Dr. John McLaughlin, who took an active part in favoring the organization, against the wishes and influence of his family.

The second article was read, and, on motion of L. H. Judson, was adopted.

The third, on motion of C. McRoy, and the fourth, on motion of Joseph Holman, were also adopted.

On motion to adopt the fifth article, "on the executive power," it was plain to be seen that the Rev. Mr. Hines was swelling and becoming uneasy, in proportion as the Rev. Jason Lee appeared to be satisfied with the proceedings. He hesitated to put the motion, called Robert Moore, the chairman of the Legislative Committee, to the chair, and commenced:--

"Mr. President, gentlemen, and fellow-citizens,--The Legislative Committee which you appointed to prepare certain laws, and perform a certain duty, have assumed to present for your approval something they had no right, in all the instructions given them, to present. They have commenced a course which, if not checked, will lead to the worst possible form of despotism. Grant them the privilege which they now ask, of imposing upon this settlement, upon you and me and our families, this hydra-headed monster in the shape of an Executive Committee, and we have but the repetition of the Roman Triumvirate--the Caesars upon the throne. We may be told by them, in excuse for the violation of plain and positive instructions, that they found it difficult to proceed with the organizing of a temporary government without an executive; and here they have brought before you this monstrosity--this black bear--this hydra-headed monster, in the shape of an Executive Committee; and ask you to adopt it, as necessary to preserve your civil liberties and rights.

"Gentlemen and fellow-citizens,--You have but to look to past history, to warn you of the dangers of so palpable a violation of instructions on the part of public servants. You instructed them to do a certain work, to prepare certain laws. If they could not do as instructed, let them resign and go home. So far as they performed the duties assigned them, we can approve of their acts; but when they attempt to force upon us what we have not asked of them, but said to them we do not want this monstrosity with three heads, yet they persist in saying we do; and have gone on and made their laws to correspond with this absurd and outrageous thing they call Executive Committee. Is it wise, is it reasonable, that we should submit to it? What assurance have we that the next Legislative Committee, or body we may appoint, following the example set by this one, will not give us a king or emperor, and tell us it is necessary to complete our organization?"

Many of the persons present at Champoeg on the 5th of July, 1843, will recollect this speech, and the strong and emphatic manner in which it was delivered. Why Mr. Hines did not move to strike out the executive clause has always been a mystery to us. When he had resumed his seat as president of the convention, Mr. O'Neil made a few remarks, explaining the position of the committee. Mr. Shortess followed, denying the assumption of power attributed to the committee, or a disposition to go beyond their instructions, and urged the necessity of a head or some controlling influence somewhere. Could we rely upon Captains McCarty, or McKay, or Smith to call out their companies; or Major Howard? Should the military control the civil power? "The thing is absurd," said Shortess. Rev. Jason Lee could not see the proposed executive head of the proposed provisional government in the light Mr. Hines did. If it was thought necessary to have a government at all, it was necessary to have a head, and an executive, or the laws were of no effect.

It was arranged with the Legislative Committee, that Gray should meet Hines on this question, and make the last speech in favor of the executive department. Hence O'Neil and Shortess both spoke in favor of it. Dr. Babcock was opposed, on account of its going beyond present necessities, and looking too much like a permanent and independent government; whereas we only wished to form a temporary one. He thought with Mr. Hines, that the committee had gone beyond their instructions in providing for this executive power, still he was willing to abide the decision of the people. There was a little uncertainty us to Mr. Lee's final vote. Dr. Babcock was clearly against us. Mr. Hines made but the one speech. From the course the debate had taken, Gray had no fears as to the final result, and waited until it was evident that no more opposing speeches would be made when he commenced:--

"Mr. President and fellow-citizens,--The speech which we have just listened to, from our presiding officer, is in the main correct. It is true that the Legislative Committee were not instructed to bring before you an executive department in the laws and government you proposed to form, when you appointed your committee to prepare those laws. It is also true, that when that committee met, they found that they could not advance one step in accomplishing the work you instructed them to perform, without some supervising influence, or power, somewhere; in short, without a head. Their instructions were against a governor. They have provided an Executive Committee, in place of a single man for governor. This executive head is to act in the place of senate, council, and governor. This provision is before you for your approval or rejection. With this Executive Committee our organization is complete; without it we have no head; no one to see that our laws are executed, and no one to grant a reprieve or pardon in case a law should be enforced against the life or property of any one, for the violation of any law, no matter what the circumstances connected with that real or supposed violation might be. The pardon and mercy part of our law is in that 'horrible hydra-headed monster' that the gentleman spoke about, and warned us against; and instead of its being as black as his 'bear,' it becomes light and mercy to the erring and the ignorant. As to the example set by your committee for future despots to rob us of our liberty, and place over us a king or an emperor, you and I have no fears so long as we elect our own legislative bodies.

"Now, fellow-citizens, let us look calmly at our true situation. We are two thousand five hundred miles from any point from which we can receive the least assistance by land; and seventeen thousand miles by water. A portion of our community are organized and ready to protect themselves, and to defend all their rights and interests. Another organization of a religious character is in our midst,--I should say, two. They each have a head--an executive. How is it with us? Who is our head in all that pertains to our civil liberty, rights, and property? It is possible the gentleman may wish us to remain as unprotected, as helpless and exposed to all the dangers that surround us on every hand, as we have heretofore been. If he does, you, fellow-citizens, I am sure, do not wish to add to his feebleness by destroying the organization you have commenced, because he is afraid of what some Caesar did in Rome some centuries past. We are acting for ourselves and those immediately dependent upon us for protection. In union there is strength. I believe you are fully satisfied that your committee have acted honestly, and, as they thought, for the good of all they represented. If such is the case, you will approve of their acts, and our organization will be complete as they have prepared it for this meeting."

On the question being taken, there were but two or three votes against the executive, or fifth section. Mr. Lee informed the writer that he saw plainly enough that the meeting was determined to have a government of some kind, and that probably the Executive Committee was the best at first. This point gained, the remainder was soon disposed of.

The marriage fee was changed, in the seventeenth article, from three dollars to one dollar.

The resolution referred to as the nineteenth was: "Resolved, That a committee of three be appointed to draw up a digest of all the laws and proceedings of the people of this Territory, in relation to the present provisional government, and the reasons for forming the same; and forward said digest and report to the Congress of the United States for their information." Rev. Jason Lee, Rev. Gustavus Hines, and Mr. C. M. Walker were chosen that committee, and instructed to have access to all public documents, and to call upon any individual for any information they might deem necessary in carrying out their instructions.

That committee, so far as performing their duty and carrying out the wishes of the people were concerned, did the same as the reverend Legislative Committee did in 1841; they neglected the thing altogether, and paid no attention to the object of the resolution. Still, at the present day, when the same reverend gentlemen are charged with having done all they could against the early settlers' government, they attempt to repel the charge, and take great credit to themselves for the perseverance of others in securing permanent laws and protection for themselves and the settlements.

Messrs. Beers, Hill, and Gale, were chosen by ballot as the first Executive Committee.

Hugh Burns, who had been chosen at the May meeting as justice of the peace, had resigned, and Robert Moore was chosen to fill his place.

The committee had prepared a full list of the laws of Iowa, to recommend for the adoption of the people, which was presented and read, some slight amendments made, and the list adopted.

The report of the Legislative Committee was adopted as a whole; and on motion it was "Resolved, That the president of the convention assisted by the Rev. Messrs. Lee, Clark, and Leslie, be a committee to draft and administer an oath of office to the civil officers elected on the 2d of May, 1843, and that said officers be required to subscribe to the same; and administer the oath to the supreme judge, who shall hereafter qualify all civil and military officers to be elected by the people." At this point, a question arose in the mind of the last-named committee, whether they would proceed that night to administer the proposed oath, or defer it till some other time. There were some earnest and determined men in that convention, who were not to be defeated at the last moment by the disposition of these reverend gentlemen to delay the concluding ceremony of drafting and administering the oath of office to the persons the people had chosen. To relieve them of all doubt as to the wish of the convention (although it was then nearly dark), it was moved and carried, "that the committee to qualify officers proceed to the performance of their duty, as far as practicable, this evening." Judge Wilson was not present.

Rev. Jason Lee noticed that Mr. Beers received the smallest number of votes given for any member of the Executive Committee. This to him, and probably to Messrs. Leslie and Hines, was unaccountable; but not so to us, who understood the general feeling of opposition against the rule of the missionaries and their large claims to land; as also the secret prejudices excited against them by the Hudson's Bay Company and the Jesuits, who attributed the entire government movement to them, while the organization was that of the settlers unaided by any mission, except individual members of the Protestant missions. This was probably the reason for the proposition to delay qualifying the officers elected, and carrying out the decided wish of the convention. This fact simply shows a reluctant assent to the organization by the principal members of the missions. The French address showed the feelings of the French and Catholics, while the Hudson's Bay Company stood entirely aloof from it, and expected to defeat the whole movement by the influence of such men as the Rev. G. Hines, Dr. White, Robert Newell, and the Indians.

We have two copies of the organic laws adopted by the people at Champoeg; one published by Charles Saxton in 1846, and the other by the compiler of the Oregon archives in 1853. That published by Mr. Saxton corresponds nearer with our own recollections of the facts of the case; hence we will copy them as given by him.

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Chapter XLV

Organic laws.--Resolutions.--Districts.--Militia law.--Land claims.--Certificate.

The Legislative Committee recommend that the following organic laws be adopted:--

WE, the people of Oregon Territory, 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:--

SECTION I.

Be it enacted by the free citizens of Oregon Territory, That the said Territory, for the purposes of temporary government, 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.

For the purpose of fixing the principles of civil and religious liberty as the basis of all laws and constitutions of government that may hereafter be adopted, Be it enacted, That the following articles be considered articles of compact among the free citizens of this Territory.

ARTICLE 1. No person demeaning himself in a peaceable or orderly manner shall ever be molested on account of his mode of worship or religious sentiments.

ART. 2. The inhabitants of said Territory shall always be entitled to the benefit of the writ of habeas corpus and trial by jury, of a proportionate representation in the Legislature, and of judicial proceeding 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. All fines shall be moderate, and no cruel or unnatural punishments inflicted. No man shall be deprived of his liberty but by the judgment of his peers, or the law of the land; and should the public exigences make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it is understood and declared that no law ought ever to be made, or have force in said Territory, that shall in any manner whatever interfere with, or affect, private contracts, or engagements bona fide made and without fraud previously formed.

ART. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.

ART. 4. The utmost good faith shall always be observed toward the Indians, their lands and property shall never be taken from them without their consent, and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars, authorised by the representatives of the people. But laws, founded in justice and humanity, shall, from time to time, be made, for preventing injustice being done to them, and for preserving peace and friendship.

ART. 5. 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.

SECTION II.

ARTICLE 1. Be it enacted by the authority aforesaid, That the officers elected on the 2d of May instant shall continue in office until the second Tuesday of May, 1844, and until others are elected and qualified.

ART. 2. An election for civil and military officers shall be held annually upon the second Tuesday in May in the several districts, at such places as shall be designated by law.

ART. 3. Each officer heretofore elected, or that shall hereafter be elected, shall, before entering upon the duties of his office, take an oath or affirmation to support the laws of the Territory, and faithfully discharge the duties of his office.

ART. 4. Every free male descendant of a white man, inhabitant of this Territory, of the age of twenty-one years and upward, who shall have been an inhabitant of this Territory at the time of its organization, shall be entitled to vote at the election of officers, civil and military, and be eligible to any office in the Territory; Provided, That all persons of the description entitled to vote by the provision of this section, who shall emigrate to this Territory after the organization, shall be entitled to the rights of citizens after having resided six months in the Territory.

ART. 5. The executive power shall be vested in a committee of three persons, elected by the qualified voters at the annual election, who shall have power to grant pardons and reprieves for offenses against the laws of the Territory, to call out the military force of the Territory, to repel invasions or suppress insurrections, to take care that the laws are faithfully executed, and to recommend such laws as they may consider necessary to the representatives of the people for their action. Two members of the committee shall constitute a quorum for the transaction of business.

ART. 6. The legislative power shall be vested in a committee of nine persons, to be elected by the qualified electors at the annual election; giving to each district a representation in the ratio of its population, excluding Indians; and the said members shall reside in the district for which they shall be chosen.

ART. 7. The judicial power shall be vested in a Supreme Court, consisting of the supreme judge and two justices of the peace; a Probate Court and Justice Court. The jurisdiction of the Supreme Court shall be both appellate and original; that of the Probate Court and Justice Court as limited by law; Provided, That individual justices of the peace shall not have jurisdiction of any matter or controversy when the title or boundaries of land may be in dispute, or when the sum claimed exceeds fifty dollars.

ART. 8. There shall be a Recorder, elected by the qualified electors at the annual election, who shall keep a faithful record of the proceedings of the Legislative Committee, Supreme and Probate courts; also record all boundaries of land presented for that purpose, and brands used for marking live stock; procure and keep a record of the same; and also record wills, deeds, and other instruments of writing required by law to be recorded. The Recorder shall receive the following fees, viz.: For recording wills, deeds, and other instruments of writing, twelve cents for every hundred words; and for every weight or measure sealed, twenty-five cents. For granting other official papers and the seal, twenty-five cents; for services as clerk of the Legislature, the same daily pay as members of the Legislature; and for all other services required of him by this act, the same fees as allowed for similar services by the laws of Iowa.

ART. 9. There shall be a Treasurer, elected by the qualified electors of the Territory, who shall, before entering upon the duties of his office, give bonds to the Executive Committee in the sum of fifteen hundred dollars, with two or more sufficient sureties, to be approved by the Executive Committee of the Territory, conditioned for the faithful discharge of the duty of his office. The Treasurer shall receive all moneys belonging to the Territory that may be raised by contribution, or otherwise, and shall procure suitable books in which he shall enter an account of his receipts and disbursements.

ART. 10. The Treasurer shall in no case pay money out of the Treasury but according to law, and shall annually report to the Legislative Committee a true account of his receipts and disbursements, with necessary vouchers for the same, and shall deliver to his successor in office all books, moneys, accounts, or other property belonging to the Territory, as soon as his successor shall become qualified.

ART. 11. The Treasurer shall receive for his services the sum of five per cent. upon all moneys received and paid out according to law, and three per cent. upon all money in the Treasury when he goes out of office, and two per cent. upon the disbursement of money in the Treasury when he comes into office.

ART. 12. The laws of Iowa Territory shall be the laws of this Territory in military and criminal cases, where not otherwise provided for; and where no statute of Iowa Territory applies, the principle of common law and equity shall govern.

ART. 13. The law of Iowa regulating weights and measures shall be the law of this Territory; Provided, The Supreme Court shall perform the duties required of the commissioners, and the recorder shall perform the duties of the clerk of the county commissioners, as prescribed in said laws of Iowa; and proved, that sixty pounds avoirdupois shall be the standard weight of a bushel of wheat, whether the same be more or less than two thousand one hundred and fifty and two-fifths cubic inches.

ART. 14. The laws of Iowa respecting wills and administrators shall be the laws of this Territory in all cases not otherwise provided for.

ART. 15. The laws of Iowa respecting vagrants is hereby adopted as far as adapted to the circumstances of the citizens of Oregon.

ART. 16. The Supreme Court shall hold two sessions annually, upon the third Tuesdays of April and September, the first session to be held at Champoeg upon the third Tuesday of September, 1843, and the second session at Tualatin Plains, upon the third Tuesday of April, 1844. At the sessions of the Supreme Court the judge shall preside, assisted by two justices; Provided, That no justice of the peace shall assist in trying any case that has been brought before the court by appeal from his judgment. The Supreme Court shall have original jurisdiction in cases of treason and felony, or breach of the peace, and in civil cases where the sum claimed exceeds fifty dollars.

ART. 17. All male persons of the age of sixteen years and upward, and all females of the age of fourteen years and upward, shall have the right to marry. When either of the parties shall be under twenty-one years of age, the consent of the parents, or guardians of such minors, shall be necessary to the validity of such matrimonial engagement. Every ordained minister of the gospel, of any religious denomination, the supreme judge, and all justices of the peace, are hereby authorized to solemnize marriage according to law, to have the same recorded, and pay the recorder's fee. The legal fee for marriage shall be one dollar; and for recording, fifty cents.

ART. 18. All offices subsequently made shall be filled by election and ballot in the several districts upon the day appointed by law, and under such regulations as the laws of Iowa provide.

* * * * *

1. Resolved, That a committee of three be appointed to draw up a digest of the doings of this Territory with regard to an organization, and transmit the same to the United States government for their information.

2. 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. 1838-9, published by authority in Dubuque, Russell & Reeves, printers, 1839;" certified to be a "correct copy," by William B. Conway, secretary of Iowa Territory--be adopted as the laws of this Territory.

* * * * *

The Legislative Committee recommend that the Territory be divided into four districts, as follows:--

First District, to be called the Tualatin District, comprising all the country south of the northern boundary line of the United States, west of the Wallamet 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 Wallamet 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 the 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 Wallamet or Multnomah 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 Legislative Committee also recommend the above districts to be designated by the name of "Oregon Territory."

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 respective 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.

Militia Law.

ARTICLE 1. The militia of this Territory shall be arranged into one battalion, consisting of three or more companies of mounted riflemen.

ART. 2. That in case of the vacancy of the office of major by death or otherwise, it shall be the duty of the Executive Committee to appoint another whose duty it shall be to serve in the place of such removed officer, until the annual election.

ART. 3. That when a portion of country is so distant, or so situated, that in the opinion of the Executive Committee it would be inconvenient for persons residing therein to belong to an organized company, they shall be organized as a separate company under the command of a captain appointed by themselves, and give due notice to the major of the battalion, and be subject to the same laws and regulations as the other companies of the battalion.

ART. 4. That all companies shall meet once in each year for company inspection upon the last Tuesday in September, well mounted, with a good rifle, or musket, and accouterments for company inspection and military exercise.

ART. 5. It shall be the duty of the major to notify each captain of a company to notify each member of his company of the day and place of each annual meeting of his battalion and company at least six days previous to such time of meeting.

ART. 6. It shall be the duty of each and every male inhabitant, over the age of sixteen years and under sixty, that wishes to be considered a citizen, to cause himself to be enrolled, by giving his name to the proper officers of the militia, and serve under the same, except such as are hereafter excepted.

ART. 7. That fines shall be laid upon all who fail to adhere to the commands of the Executive Committee, and the same shall be expended for ammunition and arms, without delay, and persons appointed to take charge of the magazine wherever the Executive Committee shall direct its location.

ART. 8. It shall be the duty of the Executive Committee to appoint a surgeon to the battalion, who shall serve in his profession when so ordered by the Executive Committee.

ART. 9. It shall be lawful for any commissioned officer in case of invasion, or insurrection, to order out the militia under his command, provided he has sufficient reason for so doing, and give immediate notice thereof to the Executive Committee.

ART. 10. The militia of this Territory shall, with the advice and consent of the Executive Committee, be subject to the call of the authorized agents of the United States government until she may send troops to support the same.

Land Claims.

ARTICLE 1. Any person now holding or hereafter wishing to establish a claim to land in this Territory, shall designate the extent of his claim by natural boundaries, or by marks at the corners and upon the lines of said claim, recorded in the office of the Territorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim; Provided, That those who shall be already in possession of land shall be allowed one year from the passage of this act, to file a description of their claims in the recorder's office.

ART. 2. All claimants shall, within six months from the time of recording their claims, make permanent improvements upon the same, by building or inclosing, and also become occupant upon said claims within one year of the date of such record.

ART. 3. 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 against trespass as in other cases provided by law.

ART. 4. 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.

Approved by the people, as per minutes, Wallamet, July 5, 1843.

A true copy from original papers. Attest

GEORGE W. LE BRETON, Recorder.

Certificate.

This certifies that David Hill, Alanson Beers, and Joseph Gale were chosen the Executive Committee of the Territory of Oregon, by the people of said Territory, and have taken the oath for the faithful performance of the duties of their office as required by law.

GEORGE W. LE BRETON, Recorder. WALLAMET, OREGON TERRITORY, July 5, 1843.

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Chapter XLVI

Description of the State House.--Conduct of the French settlers.--Arrival of Dr. Whitman's party of immigrants.--Prosperity of the settlers.--Change in the policy of the Hudson's Bay Company.--Their exorbitant claims.

A primitive State House was built with posts set upright, one end in the ground, grooved on two sides, and filled in with poles and split timber, such as would be suitable for fence rails; with plates and poles across the top. Rafters and horizontal poles held the cedar bark, which was used instead of shingles for covering. It was twenty by forty feet. At one end, some puncheons were put up for a platform for the president; some poles and slabs were placed around for seats; three planks one foot wide and about twelve feet long, placed upon a sort of stake platform for a table, for the use of the Legislative Committee and the clerks.

Perfect order and decorum prevailed throughout the proceedings. The bolder and more independent portion of the French settlers participated in this convention, and expressed themselves pleased with the result. They looked to this organization to relieve them from British tyranny; while by far the greater number of them kept aloof and refused to have any thing to do with, or to submit to, the organization.

This arose from the advice they had received from the company, and the instructions of the priests who were among them, as in the case of Dr. White's effort to get a few of them to go with him to the interior, on the report of threatened Indian difficulties. The Hudson's Bay Company, as indicated in a communication to the Executive Committee, felt themselves abundantly able to defend themselves and their political rights.

This year, through the influence and representations by letters, reports, and the personal efforts of that devoted friend to Oregon, Dr. Marcus Whitman, an immigration of eight hundred and seventy-five persons arrived in the fall, notwithstanding that deceitful servant of the Hudson's Bay Company, Grant, at Fort Hall, did all he could, under the instructions of the company, to induce as many as possible to go to California, by telling them all the frightful stories he and his men could invent, of their danger, and the difficulties they must encounter in getting through to the settlement on the Wallamet. This company brought with them thirteen hundred head of cattle. The immigration of 1842 amounted to one hundred and thirty-seven men, women, and children, a limited supply of cattle, and a number of wagons to Fort Hall, where they were induced to abandon most of them, through the false statements of the man in charge.

The immigration of 1843, under the guidance of Dr. Whitman, brought most of their wagons, teams, and cattle through all safe. They opened the road to the Columbia, and the trail through the Cascade Mountains, which was only an obscure Indian trail quite difficult to pass in 1842, on account of brush, logs, and fallen timber.

Our population, all told, now amounted to not far from twelve hundred. Among the immigrants of 1842 and '43 there were many excellent families, and intelligent, industrious, noble-hearted young men; with a full proportion of miserable scoundrels. Most of the families soon found locations, and having some little means, with the assistance they could obtain from the Methodist Mission, and such as was brought by Captain Couch in the brig Maryland, and the barks Lausanne and Toulon, by Captain Crosby, sent by Mr. Cushing of Newburyport, soon commenced permanent improvements. The winter was mild and the larger portion of them were prosperous and happy in their new homes.

The provisional government was formed and put in operation in July previous to the arrival of the large immigration of 1843. Supplies of flour, sugar, and tea had been sent from the settlement to meet such as might be in want on their way into the Wallamet Valley.

From the time it was known that Dr. Whitman had safely arrived in Washington, and the boundary line was not settled, the whole policy of the Hudson's Bay Company changed. Advances of outfits were made to such men as Hastings and his party, Burnett, and other prominent men. Employment was given to a select few, and every encouragement and inducement held out to assist as many as could be prevailed upon to go to California; while those who contemplated making Oregon a permanent home were denied supplies or employment, especially those who had asked the protection of the American government. Those who proposed going to California could readily get all the supplies they required of the company by giving their notes payable in California.

It was well understood by most of them when they gave their notes that they never expected to pay them. Two of them informed us that they did not intend to pay if they went out of the country, as they understood it as equivalent to hiring, or giving them their outfit to induce them to leave.

This last remark applies particularly to the immigration of 1842, and the company that went to California with Mr. Hastings in the spring of 1843. This policy continued up to 1847-8, when the company found themselves, as they supposed, through the influence of their Jesuit missions and Indian allies, prepared to fully maintain their licensed mercantile privileges, but found themselves confronted by an army of five hundred brave and determined men, and an organization sufficiently strong and united to compel them to again change their policy, though not their secret hatred of what they termed American intrusion upon their imaginary rights in the country. In the seventeenth page of their memorial, they assert, "And they had therein and thereupon a right of trade which was virtually exclusive.----And such right of trade, and the control, possession, and use of said Territory, for the purposes thereof, independent of their foreign commerce and the sale of timber, exceeding in total value the sum of two hundred thousand pounds sterling ($973,333.33)." This statement is made in behalf of that company as their profits in trade before and up to 1846, which, together with the declaration of Dr. McLaughlin and Mr. Douglas, as found in chapter fifty-four, addressed to our Executive Committee under date March 11 and 12, 1845, is sufficient to indicate the true policy of the company, which will be more fully developed as we proceed.

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Chapter XLVII

Actions speak louder than words.--Efforts of the Hudson's Bay Company to discourage immigration.--Account of the two Jesuits, F. N. Blanchet and P. J. De Smet.--Protestant missionaries discouraged.--Important position of the Rev. G. Hines.--Recall of the Rev. Jason Lee.--Efforts of the Hudson's Bay Company to prevent emigration to the Territory.--Statement of General Palmer.--Indian combinations.--The Donner party.--Mr. McBean's character.--Extent of Oregon at this time.

Reaching thoughts by actions. This the historian of the times has a right to do; and by comparing the act and result, he can arrive with almost mathematical certainty as to what the thought was that originated the act, and produced the result. But we are not confined to this mode of reasoning. We have their own, and the statements of those favorable to them, to substantiate our conclusions.

1st. The inadvertent statement of F. Ermatinger, one of their chief traders, in 1838, that in case the American government attempted to take this country, the Hudson's Bay Company would arm their eight hundred half-breeds, and with the aid of the Indians, drive back any force that could be sent across the continent to take it. Their navy could defend the coast. The Jesuits could influence the Indians.

2d. The arrangements made to bring to the country the Red River immigrants in 1842.

3d. The stationing of a ship of war at Vancouver to protect the company.

4th. The building of bastions at Fort Vancouver, and strengthening that post in 1845-6.

5th. The refusal of Mr. Douglas to furnish supplies to the provisional troops, sent to punish the parties engaged in the Wailatpu massacre.

6th. The supplying of Indians, by Mr. Ogden, with a large amount of war material, and his avowal not to have any thing to do with American difficulties.

7th. The letters and correspondence of Sir James Douglas.

8th. The positive statements of William McBean.

9th. The statements of Vicar-General Brouillet.

10th. The correspondence and letters of Bishop Blanchet.

11th. The testimony they have produced in support of their claims.

12th. The designs of the British government as indicated by James Edward Fitzgerald.

13th. The sending of American immigrants from Fort Hall and Oregon to California.

14th. The attempt to supply the Indians in the interior, by the aid of Romish priests, with a large amount of ammunition.

15th. The implacable hatred implanted in the mind of the Indian against Americans, through the influence of the Hudson's Bay Company and the Jesuit missionaries brought to the country for that purpose.

16th. The strict rules of the company, and the continued effort to enforce those rules to the destruction of life and property.

We now come to the thoughts which originated and caused the foregoing acts.

These American missionaries have done more to defeat us, to settle the country, and defer the establishment of the boundary line, than all other efforts and causes combined. We must make another effort to destroy their influence, and drive them and their settlements from the country; and thus secure it to the British crown, for the use of the company, at the risk of a war between the two countries.

It will be remembered that Messrs. Lee, Parker, Whitman, Spalding, Gray, and other missionaries, had their passports from the Secretary of War of the United States, giving them permission to travel through, and settle as teachers in, the Indian country; and that all military officers and agents of the government were instructed to facilitate their efforts, and, if at any time it was necessary, afford them protection. These passports had been duly presented to the Hudson's Bay Company at Vancouver, and had the effect to prevent a direct effort to destroy or drive them from the country, as they had done to all who preceded them.

Hence, an extra effort must be made to get rid of this American missionary influence, and the settlements they were gathering around them.

We will now proceed to give historical facts as connected with results.

Two intelligent, jovial, yet bigoted priests had been brought to the country by the company. They had traveled all through it, and had actually discovered the pure silver and golden ores of the Rocky Mountains, and carried specimens to St. Louis and to Europe. These priests fully understood the licensed rights of the Hudson's Bay Company, and the efforts they were making to secure it to the British crown. They were also assured that, in case the American Protestant influence could be driven from it, the Papal would become the prevailing religion, as in California and Mexico. They knew that the English Episcopal effort was an early and utter failure, and that no renewed effort would be made in their behalf by the company, and that they were then using their influence to drive the Wesleyan missionaries from Moose Factory. Hence, they and their associates entered upon their work with a zeal and energy only equaled by him who was their first victim.

F. N. Blanchet visited Canada, New York, and Rome, and was made Bishop of Oregon. His associate, P. J. De Smet, gathered his priests and nuns, returned to the country, and entered vigorously upon their missionary work, having the substantial aid of the Hudson's Bay Company, and the personal assistance of its members. Their churches, nunneries, and schools sprung up as if by magic in French Prairie, Oregon City, Vancouver, the Dalles, Umatilla, Pen d'Oreille, Colville, and St. Marie. The Protestant missions in the country were greatly annoyed by the unreasonable and threatening conduct of the Indians about their stations. They were demanding unreasonable pay for the lands upon which the stations were located, and paying but little or no attention to their American teachers. The American missionaries were becoming disheartened and discouraged, and were beginning to abandon their stations. Rev. A. B. Smith, of the Nez Perce mission, Dr. Richmond, from Nasqualla, Rev. Messrs. Kone and Frost, from Clatsop, and Mr. Edwards had left the country. Rev. Daniel Lee, Rev. H. K. W. Perkins, Mr. Brewer, and Dr. Babcock, had all become dissatisfied, and thought they had found a plausible excuse for leaving. A simple statement of a man in the employ of the Hudson's Bay Company had more influence with them than their missionary vows and obligations to the churches that sent them out.

They were not satisfied with leaving themselves, but made charges against the purest and best man of their number, simply because that, while he was absent from Oregon in 1838-9, influences were brought into the country by the company, with the intent to defeat them, and destroy all Protestant missions,--applying the same policy to destroy the harmony and usefulness of the American missions, that they had used to destroy the power and influence of the Indian tribes; which was to divide them up into factions, and get them to quarreling among themselves, as in the case of Rev. J. S. Griffin and party. This would destroy their influence, and help to break up their settlements.

The Rev. Mr. Hines, with all his wisdom, sound judgment, and experience, became, unwittingly, an important instrument and apologist in this deep-laid scheme to rid the country of Protestant missionaries and American settlements. He was led to join his influence against his truest and best friend, who is called home and superseded, and the mission stations abandoned and broken up.

Mr. Hines, on pages 236-7 of his book, says: "With regard to the objections against Mr. Lee, arising from his not furnishing the Board with the desirable report concerning the disbursement of the large appropriations, it should be observed that no such charge of delinquency appears against him, up to the time of the appointment of the great re-enforcement." Dr. White was known to be a bitter enemy of Rev. Jason Lee, and a willing tool of the Hudson's Bay Company. Mr. Hines, as his book, and the letters he wrote to Dr. White and the Indian Department at Washington, show, was favorable to the proceedings and policy of Dr. White and the Hudson's Bay Company.

We understand, through Rev. Mr. Geary, that Mr. Hines attributed to Mr. Lee's advice expenditures for buildings that were the pet objects of Mr. Hines himself; and thus Rev. J. Lee, to gratify the wish of others, yielded his own convictions of right, and in this way became an object of censure, which was the cause of his removal. The "changes inconceivably great with respect to the Indians of Oregon," which, Rev. Mr. Hines says "took place betwixt the time the great re-enforcement was called for, and the time of their arrival in the Columbia River," were brought to bear, and had their influence and effect, upon him, in his Umpqua missionary trip, in his trip to the interior, in his representations to his Missionary Board, in his opposition to the provisional government, and had their influence upon his missionary brethren. These men, Mr. Hines included, instead of studying the true interests of the country,--their obvious duty to the churches that sent them out, and the cause they represented,--were flattered and cajoled by the artful members of a foreign monopoly, and made to believe they had talents superior to the field in which they were placed by the influence and advice of the superintendent, Mr. Lee, forgetting the changes above intimated, and having no suspicions that a secret foreign influence was working to bring about the utter failure of their Indian missions; nor supposing that the brightest and best talents would secure the most attention, and the surest effort to render them dissatisfied.

The whole statement about Mr. Lee's recall, and the reasons assigned, appear to us to be unjust (though, perhaps, not intended) to the character of Mr. Lee. It was after the great re-enforcement spoken of, that the large expenditures referred to were made; hence, Mr. Hines' excuse confirms the charge, and he only attempts to change the responsibility to another; while Mr. Lee, like Dr. McLaughlin, is suffered to fall by the influence of his professed friends.

The Jesuit priests, co-laborers with the Hudson's Bay Company, did not hesitate to poison the minds of all who would listen to them against the Protestant missionaries and all their efforts; neither did they hesitate as to the means, so long as a certain object was to be accomplished. Le Breton, Lee, and Whitman must fall by their influence. The character of others must suffer by their malicious slanders and false statements. See Brouillet, pages 20 and 21, in which he attempts to show that Dr. Whitman and others were in the habit of poisoning melons to prevent the Indians from stealing them, while the fact is, the Doctor encouraged the Indians to come and get melons to eat freely, in order to induce them to cultivate for themselves; and we are certain that no one at the station at that time thought of putting poison into melons.

As we said, we are reading thoughts by words and acts, so as to arrive at a correct conclusion as to the thought that caused the act.

The American missionaries and settlements must be driven from the country. To do this, the Indians that have heretofore been kept at war among themselves, must now be united. Some changes must be made; Grant, of the Hudson's Bay Company, must occupy Fort Hall, and do all he can to turn immigrants to California, and rob such as persist in coming to Oregon.

General Palmer says in his journal, page 43: "While we remained at this place (Fort Hall) great efforts were made to induce the immigration to pursue the route to California. The most extravagant tales were related respecting the dangers awaiting a trip to Oregon, and the difficulties and trials to be surmounted. The perils of the way were so magnified as to make us suppose the journey to Oregon almost impossible. For instance, the two crossings of Snake River, and the crossings of the Columbia and other smaller streams, were represented as being attended with great danger. Also, that no company heretofore attempting the passage of these streams, succeeded but with the loss of men, from the violence and rapidity of the currents, as also that they had never succeeded in getting more than fifteen or twenty head of cattle into the Wallamet Valley.

"In addition to the above, it was asserted that three or four tribes of Indians in the middle regions had combined for the purpose of preventing our passage through their country. In case we escaped destruction at the hands of the savages, that a more fearful enemy--famine--would attend our march, as the distance was so great that winter would overtake us before making the Cascade Mountains. On the other hand, as an inducement to pursue the California route, we were informed of the shortness of the route when compared with that to Oregon, as also of the many other superior advantages it possessed."

It is not our intention to go into the history of California, but give what strictly relates to Oregon and her people in those early times. In the paragraph we have quoted from General Palmer's journal, the reader will see a fiendish, a damning policy; and if our language has any severer terms to express evil motives and intentions, let him use them, as belonging to the course pursued by that organization yclept Honorable Hudson's Bay Company, in attempting to prevent the settlement of Oregon, and sending whole families to starve and perish, and become cannibals in the mountains of California, rather than tell the truth, and aid them in getting to Oregon; as will be seen by the following extract from the Gold Hill (Nevada) News, concerning the horrible sufferings of "The Donner Party:"--

"The world perhaps never produced a sadder and a truer story, nor one which will be so long remembered by many whose fortunes were cast on the Pacific slope in the early days of its settlement by the Americans. We personally knew one of the families that perished among the Donner party, and on reading the interesting letter in the Union it awakened in our memory a little incident in connection with this sad calamity, which happened in the State of Illinois twenty years ago last April. At that time we were publisher of a newspaper in Putnam County, Illinois. Oregon and California were beginning to attract the attention of the Western people; and in the spring of 1846 a party of about fifty persons, farmers with their families, and young men, was made up in that county destined for Oregon. When the day of departure arrived, the whole party assembled in a village called Magnolia to agree upon camp regulations, appointment of officers, etc. As a journalist, we attended that meeting and published a full account of its proceedings. Among the party was 'Uncle Billy Graves' and his family, consisting of father, mother, two daughters, and a son, the ages of the children ranging from fifteen to twenty years. Uncle Billy Graves was a well-to-do farmer, with every thing comfortable about him; and, having already reached the age of threescore, it was a matter of surprise to many that he should sell his farm and start off to make a new home in such a far-off and wild country as Oregon then was. But the country in Illinois was getting too thickly settled for the old man, and he longed for the wild adventures of the far west. He pleaded and persuaded us to go with him, and to bring our office along, as Oregon would some day be a great country, and we would have the credit of having been the first to publish a newspaper in it. But circumstances over which we had no control prevented us, although we certainly had the will and the wish just as Uncle Billy Graves advised. We remained in Illinois, and the Graves family joined with the overland party for Oregon. Letters written by the party during the summer were published in our paper. The last one written by any of the Graves family was dated at Fort Laramie, and this was the last heard of the old farmer. He joined the Donner party, which separated from the emigration to Oregon at Fort Hall, near the headwaters of the Columbia, and wending his way westward toward California, before its gold-fields were known in the world, he perished in the mountains, and his good old wife perished with him. The son and daughters of the Graves family were among the persons who were rescued by the relief party of sailors and others who were sent out by the benevolent Americans at Sutter's Fort and San Francisco. A long letter written by one of the Graves girls was published in our paper in the year 1847, and which contained a full and sad account of the awful sufferings of the party. We shall never forget the manuscript of the letter. It was blotted all over with the tears which the poor girl shed while describing the sufferings of her famishing parents, their death, and the flesh of their dead bodies furnishing food for their starving children! Horrible! horrible! Let the bleached bones and skulls of the Donner party be gathered together and decently buried, for they once belonged to good Christian people."

The Indians also have become deeply interested in their schemes to prevent the settlement of the country.

We are told by Mr. Hines, on page 143, that they sent one of their chiefs on snow-shoes, in the winter of 1842-3, to excite or induce the Buffalo Indians to join them to cut off the immigrants that were expected to come to the country with Dr. Whitman.

Mr. McKinley, a professedly warm friend of Dr. Whitman, was removed from having charge of Fort Nez Perces, and William McBean, who (Mr. Roberts, an old clerk of the Hudson's Bay Company, says) "is one of the d----dest scoundrels that ever lived," put in his place.

The reader will not forget that we are speaking of events and movements in a country where an Indian in a canoe or on horseback or snow-shoes was our swiftest messenger, and that its boundaries included what is now the State of Oregon, the Territories of Washington, Idaho, and Montana, besides Vancouver Island and British Columbia.

The Hudson's Bay Company was a powerful and unscrupulous monopoly, and the only representative of a vast empire on this western part of our continent. To possess the whole, or a valuable part of it, was an object worth using the influence they had spent years of labor and thousands (not millions, as they claim) of dollars to secure.

The time has now arrived when all is at stake. The American missionary societies have accomplished what American commerce and fur traders have failed to do. The trouble is now between a "squawtocracy of British skin traders" and Italian and Belgian Jesuits on one side, and American missionaries and settlements on the other. The traders and Jesuits have nearly overcome the American missionary influence. The settlements are organized. The old policy to get rid of all opposition fur traders, destroy Indian influence, and break up missions, must be tried, to prevent and destroy the settlements.

The thoughts expressed in this chapter have carried us in advance of the date of culminating events; hence, we must return, in order that we may bring them in the order of their occurrence.

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Chapter XLVIII

1844.--The settlements alarmed.--Indian attack.--Death of G. W. Le Breton.--Meeting at Mr. La Chapelle's.--Volunteer company formed.--The Modeste in the Columbia River.--The Legislative Assembly.--Names of the members.--Peter H. Burnett.--Mr. David Hill.--Oregon social standard.--M. M. McCarver.--"Old Brass Gun."--A. L. Lovejoy.--Daniel Waldo.--Thomas B. Keizer.--Black act.--Prohibitory liquor law.

1844.--March 9th of this year found our settlements alive and in great alarm. The Indians in the vicinity of Oregon City had made an attack upon the town on the 4th instant, and three white men had been wounded and one Indian killed. G. W. Le Breton was wounded while attempting to take the Indian that commenced the attack, by a ball entering and breaking his arm, from the effect of which he died some twelve days after, and was buried at Vancouver, where he had been taken for surgical treatment. The other two received slight flesh wounds, although one proved fatal--probably made by a poisoned arrow. The Indians commenced the fight in open day, and continued it till their leader was taken by Le Breton, after his arm was broken.

The Indian was placed under guard, and, on attempting to make his escape, was killed. Those who were with him, and took part in the fight, fled into the thick wood back of the town, and escaped.

This account, which we have received from other sources, will be seen to differ slightly from the one already given by Dr. White in his letter to the Secretary of War.

A proclamation was issued by the Executive Committee, calling for an organization of the military forces in the settlement. It appears, from the record of those times, that but one company was organized in Champoeg District. The proceedings of that meeting, as noted by the writer, and signed by the secretary, gives the fullest account we have, and properly belongs to the history of the times. The attempt to destroy the people and town at Wallamet Falls was made on the 4th of March; the news was conveyed to the old mission and Salem on the 5th; notices were immediately sent to the American population to meet on the 9th, with arms, to organize for defensive or offensive measures. In the mean time, each individual and family took such precautionary measures as were thought advisable, keeping guard over their separate and individual possessions. Most of the French or Hudson's Bay Company's servants showed no alarm on the occasion, and very few of them turned out, or paid any attention to the military call, though the meeting was at the house of a Frenchman.

The citizens of Champoeg having met on March 9, at the house of Mr. La Chapelle, in accordance with the proclamation issued, the meeting was called to order by one of the Executive Committee, and the proclamation read.

Upon the suggestion of the executive, W. H. Wilson was chosen chairman of this meeting, and T. D. Keizer, secretary.

The object of the meeting was briefly explained by one of the Executive Committee, Hon. A. Beers, and the chairman. Information was called for concerning the depredations committed at Wallamet Falls on the 4th instant.

Mr. Beers presented an official letter from Hon. D. Hill, one of the Executive Committee, which was read. Statements were made by Mr. Garrison respecting accounts received from other sources, and a letter was presented by the United States sub-Indian agent, from A. L. Lovejoy, Esq., respecting the affair of the 4th, which was read.

Statements were made by Hon. A. Beers concerning the steps they had taken, and the orders they had issued.

On motion, the United States sub-Indian agent was requested to give his views and advice on the subject. He accordingly related his proceeding in reference to the matter; said he was unprepared to give advice, or suggest what was best to be done in the present case. He was fully aware of the defenseless state of the colony and the dangers to which it was exposed. He knew the character of the Indian that was killed to be of the vilest kind, and that he had threatened and attempted the lives of citizens before. The agent said he had made an unsuccessful attempt to take him, and have him punished by the Cayuses, to avoid the danger that might result from the whites punishing him themselves. This renegade had attempted to induce the Indians at the falls to burn the town; and, failing in this object, he returned across the river. The citizens attempted peaceably to take him, but in the affray three whites were wounded, and one Indian killed. The agent thought a more efficient organization of the Territory necessary.

Some remarks were made by W. H. Gray, and a resolution offered as follows:--

Resolved, That in view of the facts presented, we deem it expedient to organize a volunteer company of mounted riflemen, to co-operate with other companies, to bring to justice all the Indians engaged in the affair of the 4th of March, and to protect our lives and property against any attempt at future depredations.

Carried unanimously. Whereupon W. H. Gray presented some articles of compact as the basis of an organization of a volunteer company, which, on motion, and with warm expressions of approbation from the United States sub-Indian agent, were adopted, and immediately subscribed to by nineteen volunteers.

The articles of compact allowed the company to elect a captain, lieutenant, and ensign, as soon as twelve men should be enlisted, so the company proceeded, by nomination, to elect their officers, to wit: For captain, T. D. Keizer; first lieutenant, J. L. Morrison; for ensign, Mr. Cason. The captain gave notice to the company of his acceptance of the appointment, requesting them to meet at the Oregon Institute, armed and equipped, on the 11th inst., for company drill.

On motion, the following resolution was adopted, viz.:--

Resolved, That this meeting recommend to our fellow-citizens of this Territory, to organize volunteer companies in their respective districts forthwith; and to rendezvous at the Oregon Institute, on Saturday, the 23d instant, at 12 M.

Moved, that the proceedings of this meeting be signed by the chairman and secretary, and as much of them as is deemed proper be transmitted to other districts. Carried.

On motion, adjourned.

W. H. WILSON, Chairman. T. D. KEIZER, Secretary.

It will be seen by Dr. White's statement, that the Indian killed was a renegade from the Cayuse or upper country Indians. He was doing all he could to excite the Indians and get them to join in a general combination to destroy the American settlements in the Wallamet Valley. Dr. White, as he stated to the meeting, had now reached the utmost limit of his authority and influence. He knew not what to do. He was too big a coward to propose any bold measure, and too mean to be trusted by the settlers; hence, if the reader will carefully study the proceedings of this meeting, he will find a firm and steady influence, on the part of the settlers, leading on through all the dangers and excitements of the occasion. The proposed company was at once organized and elected its officers. Gray accepted the office of first sergeant in the company, which was soon filled up and drilled, and all were mounted on good horses. This soon became known throughout the settlements, and had the effect to frighten the Indians and keep them quiet, so that no further disturbance was made in the settlements of the Wallamet. It also had the effect to secure in the Columbia River the presence of the Modeste, a war vessel of the English government, which became absolutely necessary (ironically speaking) to protect the property and interests of the Hudson's Bay Company from the threatened depredations of the Indians about their posts at Vancouver, as they were represented to be becoming far more hostile than formerly. The company had found that, since the Americans began to settle in the country, these Indians had become more dangerous and hostile to them; and as their people were scattered more extensively over the Indian country, it was absolutely necessary to have their principal depot more strongly fortified and protected, not against Indians, for they, by the course already pursued by that company, were fast melting away. Their country had been "hunted up" and made destitute of fur-producing animals by the advanced prices they had given in 1838-40, and now starvation was their only portion, unless the American settlers would share with them what they produced from the soil. This Indian difficulty was only an attempt to bring on an Indian war in the Wallamet to see how strong the settlements were, what means of protection they possessed, and what their offensive measures were likely to be.

This opened the eyes of Sir James Douglas to the natural weakness of Fort Vancouver. The Modeste was ordered to the river, and other preparations were made to defend that establishment from an attack of the American settlers. They found from the results of what occurred on the 4th of March, that there was a real substantial power in the country, and an influence of combination that they did not dream of; hence they found themselves, with all their Indian combinations, the weaker power.

We will now leave the Honorable Hudson's Bay Company under the protection of the guns of her Majesty's ship Modeste, the fort being repaired, bastions built, and all other protective and defensive measures completed, while we look after the election and proceedings of the Legislative Assembly of 1844.

The members elected from Tualatin District (since divided into Washington, Multnomah, Columbia, Clatsop, and Tilamook counties) were Peter H. Burnett, David Hill, M. M. McCarver, and Mr. Gilmore.

Clackamas District, including all of Washington Territory, Idaho, Montana, and half of the eastern part of the State of Oregon, was represented by A. L. Lovejoy. Champoeg District, including Marion, Linn, Baker, Douglas, and Jackson counties, was represented by Daniel Waldo, from Missouri, Thomas D. Keizer, from Arkansas, and Robert Newell, from the Rocky Mountains.

Peter H. Burnett was a lawyer from Missouri, who came to Oregon to seek his fortune, as well as a religion that would pay the best, and give him the most influence; which in the Legislative Committee was sufficient to induce that body to pay no attention to any organic law or principle laid down for the government of the settlements. In fact, he asserted that there were no constitutional provisions laid down or adopted by the people in general convention at Champoeg the year previous. Mr. Burnett was unquestionably the most intelligent lawyer then in the country. He was a very ambitious man--smooth, deceitful, and insinuating in his manners.

On motion of Mr. Lovejoy (another lawyer), the several members were excused from producing their credentials, and on motion of the same gentleman, the house proceeded to elect a Speaker. M. M. McCarver was duly elected.

The journal of the proceedings of this Legislative Committee shows that no regard was paid to any previous laws, or constitutional provisions.

David Hill, of Tualatin District, was from Ohio. He was a tall, slim man, of sallow complexion, black hair, with strong prejudices, having no regard for religion or morality. He left an interesting wife and family in Ohio, and passed himself off in Oregon for a widower or bachelor. He was favorable to all applications for divorces, and married a second wife, as near as we could learn, before he obtained a divorce (if he ever did) from his first wife. He early took an active part in the provisional government, and was a decided opponent of the Hudson's Bay Company, as also of all missionary efforts in the country. This rendered him popular among the settlers, and secured his election as a representative for that district for several years, although his education was quite limited. As a citizen he was generally respected. Though intimately acquainted with two of his sons, we could never learn that he was any thing but kind and affectionate as a husband and father. The fact of his leaving a wife and young family in Ohio, coming to Oregon, and remaining for years without making any provision for them, is evidence of guilt in some one. The friends of his wife and family spoke of them as being highly esteemed by all who knew them. But it is of his public acts, as connected with the history of Oregon, that we wish particularly to speak.

The social standard adopted by the people of Oregon was peculiarly adapted to favor men of Mr. Hill's morality, and aid them in rising from the effect of any former misconduct they may have been guilty of in any other country. This standard was, to receive as fellow-citizens all who came among us; to ignore their former actions, and give them a chance to start anew, and make a name and character in the country.

There must be something noble and generous in a people occupying a new and wild country, as Oregon was in those days, that would lead them to adopt a standard for common action and citizenship, so peculiarly republican and in accordance with the most liberal and enlightened Christianity. To this spirit of toleration and benevolence must be attributed, under an all-wise Providence, the complete success and stability of the first civil government formed on this coast. Hence, as we have before said, we shall deal with men, morals, and politics as they belonged to Oregon at the time of which we are writing.

M. M. McCarver, from having acted as commissary in the Black Hawk war, in Iowa, was called General. This title secured to him considerable influence, and many favors from the Hudson's Bay Company. General McCarver was a man of common education, making large pretension to political knowledge, without much judgment or understanding of political economy. He was an intolerable debater, and acquired, among the lobby members of the Legislature, the name of "Old Brass Gun." In his political course, he strove hard for popularity, and attempted to secure places of honor for personal promotion. He was what would be considered a Simon Pure pro-slavery Democrat. Like the silly moth in the fable, he fluttered around the shadow of Dr. White, the sub-Indian agent, and assisted him in insulting the Legislative Committee of 1845, and attempted to get his name before the Congress of the United States as an important and influential man, which was divulged and defeated by another member of the same committee, though in a cowardly and dishonorable manner. We are not aware that General McCarver ever originated any important measure, or performed any extensive or important service in the country. His political schemes were generally so supremely selfish that they died still-born.

Mr. Gilmore, from the same district, was a substantial farmer. He neither said or did much, and but little is known of him.

A. Lawrence Lovejoy, formerly from Massachusetts, was a man of medium size, light complexion, light hair, rather impetuous and dogmatical in his conversation. He crossed the mountains with the immigration of 1842 to Dr. Whitman's station; from that place he attempted to return to the United States with Dr. Whitman. As near as we can learn, he became utterly exhausted by the time they reached Bent's Fort on the Arkansas River, and was left there by the Doctor. In the summer of 1843 he returned to Oregon and pursued his profession of law. In Oregon he has always acted with the radical Democratic party, rather doubtfully on the pro-slavery platform. He was the first regular nominee for governor of Oregon. George Abernethy, the secular agent of the Methodist Mission, was run as an independent candidate, and, with the assistance of Peter H. Burnett, Mr. Russell, and his friends, who bolted the general convention, was elected governor, though at the time he was on a visit to the Sandwich Islands. A large number of political friends still adhered to Mr. Lovejoy, and made a second attempt to elect him governor. Mr. Abernethy was again the opposing candidate. It appeared in the canvass of that year, that the Hudson's Bay Company generally voted for Mr. Lovejoy; but the personal kindness of Mr. Abernethy to a priest traveling up the Wallamet, induced him to tell his people to vote for Mr. Abernethy, and by this vote he was elected, although a fair majority of the votes of the American settlers was given for Mr. Lovejoy. Mr. Lovejoy, like many of us, leaves but little usefulness or philanthropy to record, that his talents and position should have led him to aspire to. As a citizen and neighbor, he is kind and obliging, as a lawyer not above mediocrity, and it is generally understood that he makes no pretensions to religion.

Daniel Waldo, formerly of Missouri, was a plain, substantial farmer, and the first man who ventured to experiment upon the hills, or upland portions of Oregon. He had owned extensive tracts of land on the banks of the Missouri, a large portion of which had been washed away by the floods, which cause continual changes along the banks of that river. In coming to Oregon, he had made up his mind to take the hills, if there were any in the country. He did so, and has proved by his experiment the value of a large portion of country that was before considered worthless for cultivation. From the time Mr. Waldo arrived in the country he became an enthusiastic admirer of Oregon. Soon after he had located in the hills bearing his name, an old acquaintance of his, and also of his brother in Missouri, came to Oregon on a visit, and was about to return to the States. He paid Mr. Waldo a visit, and after chatting awhile and looking over his farm, on which we could not see a single rail, except a few he had in a corral, his friend (Colonel Gilpin) said to him: "What shall I say for you, to your brother in Missouri?" "Tell him," said Waldo, "that I would not give the bare idea of owning a section of land in Oregon for all I own in Missouri [which was then two sections, 1,280 acres], and that I would not give a section of land here for the whole State of Missouri." Such men gave a good report of Oregon, and it is to such that the country is indebted for her stability and prosperity. Mr. Waldo's experiment has shown the capacity of the country for settlement to be more than double what it was previously considered, and while some of those who laughed at him and called him an enthusiast here had their farms, cattle, and houses swept away by floods, he has remained in the hills uninjured and secure.

Thomas D. Keizer, from Arkansas. Of this man's early history we have learned but little. It seems that, for some cause, he and his family were compelled to leave the State. Their story is that a gang of counterfeiters was exposed by them, and in consequence of their becoming informers they were surrounded by a mob and compelled to leave. On first arriving in the country they were not scrupulous as to the rights of their neighbors, or those of the Oregon Institute, or mission claims. They found themselves comfortably housed in the first buildings of the Oregon Institute, and occupied them till it suited their pleasure to leave, and to find other quarters upon land claimed by the mission. As was to be expected, Mr. Keizer was inclined to do all he could to curtail the mission and Institute claims, he being the gainer by curtailing the claims of others. As a politician, he considered all little dirty tricks and slanders against an opponent justifiable. In religion he professed to be a Methodist.

Robert Newell has been previously described.

Such being the composition of the Legislative Committee of Oregon in 1844, it is not surprising that interests of classes and cliques should find advocates, and that the absolute wants of the country should be neglected. The whole time of the session seems to have been taken up in the discussions of personal bills. The question of convention of the people was before this session and was lost.

There was one inhuman act passed by this Legislative Committee, which should stamp the names of its supporters with disgrace and infamy. We find its inception recorded on the 25th of July, the sixth day of the session.

On motion, the rules were suspended for the special purpose of allowing Hon. P. H. Burnett to introduce a bill for the prevention of slavery in Oregon, without giving previous notice; which was received and read first time. It was read a second time next day in the forenoon, and in the afternoon of the same day the bill to prevent slavery in Oregon, and for other purposes, was read a third time, and on the question, "Shall the bill pass?" the yeas and nays were demanded, when the vote stood: yeas, Burnett, Gilmore, Keizer, Waldo, Newell, and Mr. Speaker McCarver--6; nays, Lovejoy and Hill--2.

The principal provisions of this bill were, that in case a colored man was brought to the country by any master of a vessel, he must give bonds to take him away again or be fined, and in case the negro was found, or came here from any quarter, the sheriff was to catch him and flog him forty lashes at a time, till he left the country.

These six Solons, who got up and carried through this measure, did it for the good of the black man of course, as one of the first principles laid down by the people the year previous in the organic law, and unanimously carried, was: "That slavery, except for the punishment of crime, whereof the parties shall have been previously convicted, shall never be tolerated."

The principles of Burnett's bill made it a crime for a white man to bring a negro to the country, and a crime for a negro to come voluntarily; so that, in any case, if he were found in the country, he was guilty of a crime, and punishment or slavery was his doom.

Mr. Burnett claimed great credit for getting up a prohibitory liquor law, and made several speeches in favor of sustaining it, that being a popular measure among a majority of the citizens.

At the adjourned session in December, we find the executive urging the Legislative Committee to adopt measures to secure the permanent interests and prosperity of the country, also to amend their act relative to the corporal punishment of the blacks, and again urging the calling of a convention of the people.

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Chapter XLIX

Message of the Executive Committee.--Observations on the message.--Generosity of the Hudson's Bay Company.--The Methodist Mission.--The Oregon Printing-press Association.--George Abernethy, Esq.

To the Honorable the Legislative Committee of Oregon:

GENTLEMEN,--As the expectation of receiving some information from the United States relative to the adjustment of the claims of that government and of Great Britain upon this country, was the principal cause of the adjournment of this assembly from June last to this day, we feel it our duty to communicate such information as we have been able to collect on the subject, and likewise to recommend the adoption of further measures for the promotion and security of the interests of Oregon.

The lines defining the limits of the separate claims of the United States and Great Britain to this portion of the country had not been agreed upon when our latest advices left the United States, and as far as we can learn, the question now stands in the same position as before the convention in London, in 1818. At that time, the United States government proposed to draw the division line on the forty-ninth parallel of north latitude from the Lake of the Woods to the Pacific Ocean. To this Great Britain would only consent in part, that the line should run on the forty-ninth parallel from the Lake of the Woods to the dividing ridge of the Rocky Mountains; and it was finally agreed upon, between the parties, that all the country lying west of the Rocky Mountains, and on the Pacific Ocean, should, with its harbors, bays, and rivers, remain open for ten years to the vessels, subjects, or citizens of both countries. But it was at the same time expressly understood, that the said agreement was not to be construed to affect or prejudice the claims of either party, or any other power, to any portion of said country. Before this agreement expired, another convention was held in London, in 1827, by the two contracting powers, by which the former treaty was extended, with the provision, that when either of the parties thought fit, after the 20th of October, 1828, to abrogate the convention, they were at liberty to do so, by giving twelve months' notice to the other contracting party; but nothing in the treaty of 1827 was to be construed so as to affect, in any manner, the claims which either of the contracting parties, or any other power, might have to any of the country lying west of the Rocky Mountains.

The subject has again been called up for investigation by the two powers, and a negotiation was begun at Washington in the early part of the present year, but was for the time being suspended on account of a disagreement between the parties; and notice of the abrogation of the convention of 1827 had not been given by either party when our latest information left the United States. And we find that after all the negotiations that have been carried on between the United States and Great Britain relative to settling their claims to this country, from October, 1818, up to May, 1844, a period of nearly twenty-six years, the question remains in the following unsettled position, viz.:--

Neither of the parties in question claim exclusive right to the country lying west of the Rocky Mountains, between the parallels of forty-two degrees and fifty-four degrees forty minutes north latitude, and bordering on the Pacific Ocean; but one claims as much right as the other, and both claim the right of joint occupancy of the whole without prejudice to the claims of any other state or power to any part of said country.

We have submitted to you this information, gentlemen of the Assembly, for two reasons:--

1st. To correct an error that occurred in our last communication to this body relative to the claims of the United States and Great Britain to this country.

2d. That you may bear in mind, while legislating for the people of Oregon, the position in which this country stands with regard to those claims.

We would advise that provision be made by this body for the framing and adoption of a constitution for Oregon, previous to the next annual election, which may serve as a more thorough guide to her officers, and a more firm basis of her laws. It should be constructed in such a manner as would best suit the local situation of the country, and promote the general interests of the citizens, without interfering with the real or pretended rights of the United States or Great Britain, except when the protection of life and property actually require it.

We would suggest for your information that this government has now in its possession notes given by different individuals residing in the country, amounting to $3,734.26, most of which are already due. These notes are a balance in favor of Ewing Young, of Oregon, deceased, intestate, A.D. 1840, after all legal dues, debts, and damages are paid, that have come to the knowledge of the administrator or Probate Courts of Oregon up to this date. We would, therefore, advise that these claims should be collected and appropriated to the benefit of the country, the government being at all times responsible for the payment of them to those who may hereafter appear to have a legal right to the same.

We would again call your attention to a measure recommended in our last communication, to wit, the expediency of making provision for the erection of a public jail in this country. Although the community has suffered very little as yet for the want of such a building, and perhaps another year might pass without its being occupied, which it is hoped may be the case, yet we are assured that it is better policy to have the building standing without a tenant than a tenant without the building. And in order to promote industry and the peace and welfare of the citizens of Oregon, this government must be prepared to discountenance indolence, and check vice in the bud.

We would now recommend to your consideration the propriety of making provision for filling public offices which now are or may become vacant by resignation or otherwise, previous to the next annual election.

We would recommend that the act passed by this assembly in June last, relative to blacks and mulattoes, be so amended as to exclude corporal punishment, and require bonds for good behavior in its stead.

We consider it a highly important subject that the executive of this government should have laws which may direct them in settling matters relative to lands reserved by Indians, which have been, or may hereafter be, settled upon by whites.

We would also recommend that provisions be made for the support of lunatics and insane persons in Oregon.

With regard to the state of the treasury, we would refer you to the treasurer's report to this Assembly.

We are informed that the number of immigrants who have come to this country from the United States during the present year amounts to upward of seven hundred and fifty persons.

We would recommend that the act passed last June, defining the northern boundaries of Tualatin and Clatsop counties, be so explained as not to conflict with the act passed in this Assembly in June, 1843, extending the limits of Oregon to fifty-four degrees forty minutes north latitude.

And we would suggest, in conclusion, that to preserve the peace, good order, and kind feeling, which have hitherto existed among the inhabitants of this country, depends very much upon the calm and deliberate judgment of this Assembly, and we sincerely hope that Oregon, by the special aid of Divine Providence may set an unprecedented example to the world of industry, morality, and virtue.

And although we may now be unknown as a state or power, yet we have the advantages, by the united efforts of our increasing population, in a diligent attention to agriculture, arts, and literature, of attaining, at no distant day, to as conspicuous an elevation as any State or power on the continent of America.

But in order to carry this important measure, and arise to that distinguished station, it becomes the duty of every citizen of this country to take a deep interest in its present and future welfare.

As descendants of the United States and Great Britain, we should honor and respect the countries which gave us birth; and, as citizens of Oregon, we should, by a uniform course of proceeding, and a strict observance of the rules of justice, equity, and republican principles, without party distinction, use our best endeavors to cultivate the kind feeling, not only of our native countries, but of all the powers or states with whom we may have intercourse.

Signed, OSBORNE RUSSELL, P. G. STEWART. Executive Committee of Oregon.

Dated, WALLAMET FALLS, Dec. 16, 1844.

To the honor of the country, Peter H. Burnett's negro-whipping law was never enforced in a single instance, against a white or black man, as no officer of the provisional government felt it incumbent upon himself to attempt to enforce it.

The proposed constitutional revision was also strongly recommended by the Executive Committee, and the Legislative Committee went through the farce of calling a convention, and increased the number of representatives, and called it a Legislature. In fact, the whole proceedings seemed only to mix up and confuse the people; so much so, that some doubted the existence of any legal authority in the country, and the leading men of the immigration of 1843 denounced the organization as a missionary arrangement to secure the most valuable farming lands in the country.

The Hudson's Bay Company, under the guidance of James Douglas and P. S. Ogden, carried forward their plans and arrangements by placing men at their posts along the line of the immigrant route, who were doing all they could, by misrepresentation and falsehood, to deceive and rob those who were journeying to this country.

But, says the sycophant, the early settlers of Oregon are greatly indebted to the Hudson's Bay Company for supplies of goods and provisions sent to aid the starving immigrants. General Palmer tells us (page 42) that flour at Fort Hall, when he came along, was twenty dollars per one hundred pounds; cattle were from five to twelve dollars per head. They could not be prevailed upon to receive any thing in exchange for their goods or provisions, except cattle or money.

Two to four cows, or two yoke of oxen for a hundred pounds of flour is great generosity, and renders the man who gives his last cow or ox to the company, under great obligations; as much so as the early settlers and the company's servants were in taking care of their cattle for the little milk they could get from them, the company claiming the cow and increase, and pay for any animal lost. This was Hudson's Bay Company's generosity to the early settlers!

They found that through the influence of Burnett, Newell, Pomeroy, and a few other Americans, they could accomplish more than by direct opposition, and therefore began to change their course, and manifest approval of the provisional government; so much so, that Ermatinger, a member of the company, was elected treasurer in 1845, in opposition to P. Foster, who served in 1844.

During the summer of 1844, Rev. George Geary arrived in the country, "clothed with discretionary power," and had the destiny of missionaries, laymen, property, and all, put into his hands. He superseded Mr. Lee. Mr. Hines returned from the Sandwich Islands, and they proceeded at once to dispose of the missionaries and property of the Methodist Mission.

The stations at Clatsop, Nasqualla, and the Dalles were given up. That at the Dalles was sold to the American Board, that on Clatsop to Rev. J. L. Parish, while the station at Nasqualla was abandoned by Rev. J. P. Richmond, who, with Rev. Messrs. Kone and Frost, had become dissatisfied with their Indian missionary labors, and returned to the States. Rev. Messrs. D. Lee and H. K. W. Perkins, Dr. Babcock, and Mr. Brewer had all made up their minds to leave the country.

These missionaries, having enlisted in a cause surrounded, at the time of their engagements, with all the romance of early missionary life in the far west, as soon as they reached their field of labor, had found that romance and real life among the Indians did not accord with the feelings of their proud and supremely selfish hearts. They were not satisfied with silently withdrawing from the country, and encouraging others more capable and better adapted to the missionary work to come to it; but they joined with Dr. White, a bitter enemy of Rev. J. Lee, and succeeded in obtaining the latter gentleman's removal from the superintendency, and, through Rev. Messrs. Geary and Hines, the abandonment of their Indian mission.

As an outside eye-witness of these transactions, we will state frankly our impressions as to the general closing up of the Methodist missionary labors among the Indians. The special and general watchfulness of the Hudson's Bay Company, and their influence over the leading members of the mission, and the effort they made to counteract the moral and civil improvement of the Indians, was brought to bear both directly and indirectly upon the superior and subordinate members, the same as it had been upon the members of the missions of the American Board, and caused a division in sentiment as to the usefulness and results of missionary labor, and thus crippled their efforts, and caused many of them to join with Dr. White, and complain of Superintendent Lee, as an excuse to abandon the missionary work.

While these influences were working their intended results upon all the American missionaries, the Jesuits, having explored the country, under the patronage and by the assistance of the Hudson's Bay Company, were making extensive preparations to occupy it with their missionaries, who were then being collected, and sent from Belgium and Canada to Oregon, under the direction of that arch-Jesuit, P. J. De Smet, and Bishop Blanchet.

By the time they arrived, the Methodist Indian missions were all disposed of; thus enabling the Jesuits to fix their undivided attention and combine their united influence against the missions of the American Board, which all admitted were accomplishing a noble work among the tribes of their charge.

As Mr. Fitzgerald says: "But the company not only get rid of missionaries as soon as they can do so without dangerous unpopularity, but they obstruct them in the performance of their duties while in the country." (See page 189 of his work.)

This opposition to the missionaries was not caused by the Indians, but the personal opposition of the company, as proved by Sir J. Pelly's answer to the question, "Have you found a disposition on the part of the natives to receive moral and religious instruction." "Very great. There were a couple of young lads sent from the Columbia District, to whom the names of Pelly and Garry were given; these lads were revered by the natives, when they returned, for the religious instructions they were enabled to give." (See page 195, of the work above quoted.)

One Congregational and five Methodist ministers have left the country with their families. Five Jesuit priests and as many nuns are coming to it. Eight hundred emigrants are plodding their way over the mountains and plains with ox-teams, to find a home in this country. The sub-Indian agent has worked himself quiet. The Indians are waiting orders, watching the immigration, and getting ready to strike at the proper time.

Mr. Lease had brought a band of five hundred head of California cattle to the country and disposed of most of them to the Hudson's Bay Company.

The Oregon Printing-Press Association was formed, and about eighty shares, at $10 each, were subscribed, and the money sent to New York for press, type, and paper, by George Abernethy, Esq., who, after the provisional organization in 1843, became a valuable supporter of all the best interests of the country. His integrity of character, consistent piety, and unbounded generosity, but few will question. From his position, and connection with the Methodist Mission, he has suffered much pecuniary loss, from men who were ever ready to take undue advantage of a confiding and generous disposition.

As a public officer he always held a negative position, the tendency of which was to hold all in suspense, and wait for some future action, or to be carried forward by events that might occur. He could not be called a leader in any civil, religious, or political measure, yet he truly represented, in his public capacity, the organization of which he was a member. So far as he was capable, he held in abeyance all laws and measures, to what he considered would be the policy of the United States government at some future time. The natural result of this position was, to accomplish nothing definitely. Hence we find in all his public acts, this tender spirit, and want of decided action.

Mr. Hines started for the United States by way of China. The property of the Methodist Mission was distributed, and the settlers had increased; while the Hudson's Bay Company were busily preparing to defend their assumed rights by arming their forts and Indians in a manner so as not to excite suspicion, or alarm the American settlements.

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