Chapter L…

Chapter L

Dr. White's report.--Seizure and destruction of a distillery.--Homicide of Joel Turnham.--State of the Territory.--Trials of Dr. White.--The liquor law.--Revenue act.--Case of the negro Saul.--The Indians kill an ox.--Other Indian difficulties.--Indian expedition to California.--Death of the Indian Elijah.--State of the Territory.--Claim of the Hudson's Bay Company on the north bank of the Columbia.--Letter of Peter H. Burnett.--The Nez Perces and Cayuses.--Extract from the report of the United States Senate.

We give the following extracts from Dr. White's Indian report and proceedings in Oregon, that the reader may be informed as to what he claimed to be his influence, and also the way he maneuvered with the Indians and settlers; with his full account of the killing of the young Indian Elijah in California.

The letters from the different missionaries show the condition of the American missions at the time. Mr. Lee and the Jesuit missionaries did not deem him the proper agent to report to. Notwithstanding, in his report, given in a previous chapter, he attributes to the Jesuit missionaries improvements wholly made by the Americans, not from ignorance of the fact, but from personal prejudice.

It will be seen that the committee in Congress, to whom his report and petition was referred, deemed it equitable and just on general principles, and allowed it.

WALLAMET, November 4, 1844.

SIR,--The Hudson's Bay ship Columbia sailing in a few days, via Sandwich Islands, for England, by the politeness of her owners I have the honor of again addressing you, and certainly under circumstances most favorable and gratifying.

Since my last, forwarded in March, aside from two or three incidents of an unpleasant nature, the colony and country have been in a state of unusual quietness, and the season has been one of great prosperity.

The legislative body, composed of nine members, met on the 24th of May, at the falls at Wallamet, and closed their short but effective session in nine days; having passed, in due form, twenty-five bills, most of which were of importance to us in the regulation of our intercourse. A few of these laws I transmit to you, and would here remark, the taxes were in general cheerfully paid. The liquor bill is popular, and the laws of Oregon are honored.

The Liquor act not coming in force under sixty days from its passage, a few individuals (having clandestinely prepared, before its passage) improved this favored moment to dispose of all they could with any hopes of safety. Of this I was immediately notified, and hastened in from the Tualatin Plains, all the mischief, "as heretofore," being done in and about the town at the falls of the Wallamet.

Liquor was in our midst, as was but too manifest from the noisy, vulgar, obscene, and even diabolical expressions of those who had previously ever conducted themselves in a quiet and orderly manner.

This was perplexing and exciting, as all professed ignorance; and many opinions prevailed regarding the amount manufactured, and the number interested, and especially regarding the seat of mischief or point where distilled.

I resolved, at whatever danger or cost, to nip this in the bud, procured the call of a public meeting at once, and had the happiness to receive the following expression from all but one convened:--

"Resolved, That it be the sense of this meeting, that Dr. White, in his official relation, take such assistance as he may require, and forthwith search out and destroy all intoxicating liquor that may be found in this vicinity or district of country.

"P. G. STEWART. "Executive Chairman.

"JOHN E. LONG, "Secretary."

I started with ten volunteers early the ensuing morning, and found the distillery in a deep, dense thicket, eleven miles from town, at three o'clock, P.M. The boiler was a large-size potash kettle, and all the apparatus well accorded. Two hogsheads and eight barrels of slush or beer were standing ready for distillation, with a part of one barrel of molasses. No liquor could be found, nor as yet had much been distilled.

Having resolved on my course, I left no time for reflection, but at once upset the nearest cask, when the noble volunteers immediately seconded my measures, making a river of beer in a moment; nor did we stop till the kettle was raised, and elevated in triumph at the prow of our boat, and every cask, with all the distilling apparatus, was broken to pieces and utterly destroyed. We then returned, in high cheer, to the town, where our presence and report gave general joy.

Two hours after my arrival, I received from James Connor, one of the owners, a written challenge for a bloody combat; which ended last week in his being indicted before the grand jury, fined $500, and disfranchised for life.

Six weeks since, an unhappy affray occurred between one Joel Turnham, late from Missouri, and Webley Hauxhurst, of Wallamet, and serious threats passing from the former, a warrant was issued, and Turnham, resisting with a deadly weapon, was shot down by the officer; for which he comes before the grand jury to-morrow. Turnham expired at once, being shot with three mortal wounds through the neck and head, but with singular desperation fought and resisted to the last.

So far as I understand the public expression, all unite in acquitting the officer, who has ever been a harmless, quiet, good citizen; while Turnham was regarded as a most desperate and dangerous character all abroad, having left Missouri under circumstances most unfavorable to his reputation and quiet here, where he has been particularly sour, irritable, and quarrelsome; and was the more obnoxious as he was reputed brave and generally too stout for his antagonist.

November 8.--Since penning the last, the grand jury have unanimously declared no bill; and here allow me to say, having accompanied Judge Babcock to four of the courts embraced in the circuit of five counties, I have not seen in any country such uniform decorum and quietness as has prevailed throughout at these courts. Much of this mildness, sobriety, and good order, is doubtless attributable to the absence of all intoxicating drinks.

The laws of this country, framed to meet present circumstances, are taking deeper and stronger root continually. And some are already suggesting, "notwithstanding our infancy," whether, if longer left without a mother's protection, it will not be well to undertake to run alone.

The resources of the country are rapidly developing, and the expectations of the people are generally high; the mildness of the climate and the strength of the soil greatly encourage the large immigration of last year. For the last twelve months, mercury has ranged from 96 to 30; four-fifths of the time from 80 to 55; making an agreeable summer and mild winter, grazing being good throughout; so much so that the jaded and worn-down animals of the poor immigrants fatted up greatly to their surprise, before spring, without feeding or the least attention.

Crops of all kinds usually good, even to Indian corn, and cheerfulness prevails throughout since harvesting. As statements have been made in the States derogatory to our soil, allow me to say, it is believed, with the same cultivation, no country produces better wheat, oats, peas, barley, potatoes, or any crop save Indian corn, for which the nights are generally too cool for a heavy growth. The wheat crops, being never injured by the frosts of winter or the rains of summer, as in the States, are remarkably sure; nor as yet have our crops been disturbed by flies or insects.

Wheat crops are heavy, as you will judge when I assure you, from simply turning over the prairie in June, scattering the seed in October, and then with no further trouble than passing the harrow over it, ten acres upon my plantation grew five hundred and forty-one bushels and a half. The river flats, containing much alluvial deposit, are very rich; the plains beautiful and verdant, being admirably watered, but generally sparsely timbered; the high lands well timbered and watered in many parts, the soil tolerable, producing herbage for an abundance of deer, elk, mountain sheep, etc. The entire Wallamet and Umpqua valleys, capable of sustaining a population of several millions, it is generally believed can not be excelled, as a whole, for richness of soil, variety, grandeur, or beauty of scenery; nor, considering the latitude, can be equaled in mildness, equability, and agreeableness of climate.

Since last writing, abundance of limestone has been found at the mouth of the Columbia, and likewise in this valley, conveniently obtained, and proves of an excellent quality. The Rev. Mr. De Smet arrived here in August last, bringing, as a part of his cargo, six priests and as many nuns, fine, hale-looking girls, very acceptable just now, particularly as the Methodist Mission is breaking up, and the half-breed Canadian daughters are rapidly multiplying.

Having no pilot or chart to depend upon, and his commander a stranger, he sailed in through the south channel, greatly to the surprise and alarm of all on shore, but without injury or difficulty, not once touching, and reporting abundance of water for the heaviest burden ships.

The sands are supposed to have changed and improved the channel; but of this I know nothing, and am not a little skeptical. I am induced to attribute their success more to the fine day and small vessel than change of the sands in their favor since Captain Wilkes left. Captain Couch, however, who has now been passing in and out here for the last five years in the service of Mr. Cushing, of Newburyport, pronounces it a better port to enter than theirs, and says, with pilots, there will be little difficulty or danger.

Our exports are wheat, beaver, salmon, and lumber, for which, in return, we obtain from the Sandwich Islands, sugar, molasses, tea, coffee, and other commodities brought there from China, England, and America.

We are much in want of a currency and market, American merchants being as yet a slender reliance; and in view of the large immigrating parties of each year, we should be greatly distressed for necessary articles of wearing apparel, but for the most commendable spirit of accommodation on the part of the Hudson's Bay Company.

Could some arrangement be entered into for us to supply the navy of the Pacific with bread, beef, pork, fish, etc., we would thereby be much improved in our condition. This might, and perhaps ought to be done, in view of the encouragements held out for our people to emigrate to this country. Should it not be convenient for our ships of war to come to the Columbia for such supplies, they could be shipped to the Sandwich Islands, if required. But more of this another time.

Having just taken the tour of the colony for the purpose of attending the courts and visiting the schools, it affords me pleasure to say I felt amply rewarded. I found throughout health, cheerfulness, and prosperity, and, certainly, most surprising improvements for the short time since the settlers commenced. The decorum of the courts I have spoken of, and now have only to speak of the schools and Indians, and I am done, fearing I have already wearied your patience. For the want of means, the Methodist manual labor Indian school has lately been broken up, and this is now occupied as a boarding-school for white children of both sexes. The school is yet small, but well conducted, and promises usefulness to the colony. The school at the falls of the Wallamet and Tualatin Plains, and likewise the one under the direction of Rev. Mr. Blanchet, Catholic clergyman, are all small,--numbering from fifteen to thirty only,--but are all well kept and doing good. I feel solicitous on this subject, and am saying and doing what I can to encourage education, but, like all other new countries, the people need and require their children much at home.

Since the unhappy affair last spring, the Indians have been unusually quiet, and the summer has been spent without alarm. I sent my interpreter, Mr. Lee, to the Wallawallas six weeks since, to make some presents to the chiefs, as a safe conduct to the immigrants down to this place, but having, as yet, nothing from him of interest, I addressed a line to Mr. J. B. Littlejohn, who is just down from there, and received the annexed reply; all other statements are corroborative:--

"WALLAMET, November 1, 1844.

"DEAR SIR,--It is with the utmost pleasure I undertake to give you what information I am able to do. I have resided with the missionaries of the American Board for two years past; I have known their hearts, and am well acquainted with all they have done. Their influence among the Indians is by no means small, or their efforts vain, as their condition is very much improved, both in a spiritual and temporal point of view. And, dear sir, your efforts among and for them have been much to their advantage, and at the same time not to the disadvantage of the missionaries, but greatly to increase their usefulness among them. I have no doubt you have labored with this motive in view. The Indians are becoming civilized as fast or faster than any tribes concerning whom I am informed. Their anxiety for cattle, hogs, and sheep is very great; leading them to make most commendable efforts to obtain them, and their efforts are by no means vain. They have purchased a good number from those who are emigrating to this country, by exchanging their horses for cattle. Thus, while their horses have been very useful to the immigrants, they have greatly benefited themselves. They are enlarging their farms yearly,--improving much in fencing, etc. Quite a number of families are enabled to live from what they raise on their farms, the milk of their cows, and their beef. There is perfect quietness existing between them, and I have no doubt this state of things will continue to exist. Many things that are interesting might be written, but time does not allow me to say more at present.

"I am, dear sir, yours with the greatest respect, "J. B. LITTLEJOHN."

Thus far the Indians have kept their treaties of amity with me astonishingly well, and it is thought we have now as much to hope as fear from them, if we succeed in keeping out liquor, which, by the grace of God, not few of us are resolved to do, though we do not pass unopposed, nor slightly opposed; and had it not been for that most salutary liquor law, and the hearty co-operation of some of the friends of temperance with your agent, liquor would have already made ruinous havoc among us.

The Methodist Mission, though we have not agreed on all subjects, has behaved very properly on this. And to it, in connection with the Honorable Hudson's Bay Company, will the colony be lastingly indebted for its commendable efforts.

Since my first arrival, I have not received a line from the department save my last year's report. As my condition is peculiar, and not a little embarrassing, I should feel greatly obliged for an expression and further instruction from the department. I have had, as may well be judged, much to contend with, in the midst of lawless Indians of so many different tribes, and lawless whites of so many nations,--some bred upon old whale-ships, others in the Rocky Mountains, and hundreds on the frontiers of Missouri. I have at times waded in deep perplexing difficulties, but am now greatly relieved by the colonial government, which as yet is well administered. By reason of this I now have less to do, and sail in smoother seas, meeting with less opposition than heretofore, my proper official relations toward the whites and Indians being better understood.

I have the honor to be, etc., E. WHITE, Sub-Agent Indian Affairs, W. R. M. Hon. J. M. PORTER, Secretary of War, Washington.

An Act to prohibit the Manufacture and Sale of Ardent Spirits.

Whereas the people of Oregon, now occupying one of the most beautiful and interesting portions of the globe, are placed in the most critical and responsible position ever filled by men, owing, as they do, important duties to themselves, to their country, to posterity, and to mankind, as the founders of a new government and a young nation; and whereas the introduction, distillation, or sale of ardent spirits, under the circumstances in which we are placed, would bring withering ruin upon the prosperity and prospects of this interesting and rising community, by involving us in idle and dissolute habits, inviting hither swarms of the dissipated inhabitants of other countries, checking immigration, destroying the industry of the country, bringing upon us the swarms of savages now in our midst, interrupting the orderly and peaceable administration of justice, and, in a word, producing and perpetuating increasing and untold miseries that no mind can rightly estimate; therefore,

Be it enacted by the Legislative Committee of Oregon as follows:--

SECTION 1. That if any person shall hereafter import or introduce any ardent spirits into Oregon, with intent to sell, barter, or trade the same, and shall offer the same for sale, barter, or trade, he shall be fined the sum of fifty dollars for each and every such offense, which may be recovered by indictment or by trial before a justice of the peace, without the form of pleading.

SEC. 2. That if any person shall hereafter sell, barter, or trade any ardent spirits of any kind whatever, directly or indirectly, to any person within Oregon, he shall forfeit and pay the sum of twenty dollars for each and every such sale, barter, or trade, to be recovered by indictment in the Circuit Court, or before a justice of the peace, without the form of pleading.

SEC. 3. That if any person shall hereafter establish or carry on any manufactory or distillery of ardent spirits in Oregon, he shall be subject to be indicted before the Circuit Court as for a nuisance; and if convicted, he shall be fined the sum of one hundred dollars, and the court shall issue an order to the sheriff, directing him to seize and destroy the distilling apparatus, which order the sheriff shall execute.

SEC. 4. That it shall be the duty of all sheriffs, judges, justices, constables, and other officers, when they have reason to believe that this act has been violated, to give notice thereof to some justice of the peace or judge of a court, who shall immediately issue his warrant and cause the offending party to be arrested, and, if such officer has jurisdiction to try such case, shall proceed to try such offender without delay, and give judgment accordingly; but, if such officer shall not have jurisdiction to try the case, he shall, if the party be guilty, bind him over to appear before the next Circuit Court of the proper county.

SEC. 5. That all sales, barters, or trades, made under color of gifts or otherwise, with intent to evade this act, shall be deemed a violation of the same, and all fines and penalties recovered under this act shall go into the general treasury, and all officers receiving the same shall pay over to the sheriff, whose duty it shall be to pay the same into the treasury.

SEC. 6. That this act shall not be so construed as to prevent any practicing physician from selling such liquors for medicine, not to exceed one gallon at one time.

SEC. 7. That the clerk shall make out a copy of this act and put the same up in Oregon City as early as practicable.

SEC. 8. That this act shall take effect within sixty days from and after its passage.

Passed 24th June, 1844. M. M. MCCARVER, Speaker. Attest: J. E. LONG, Clerk.

An Act to provide for Ways and Means.

Be it enacted by the Legislative Committee of Oregon as follows:--

SECTION 1. That in order to raise a revenue for the purpose of defraying the expenses of the government, there shall be levied and collected a tax of one-eighth of one per cent. upon the following property, at a fair valuation, to wit: All merchandise brought into this country for sale; improvements in town lots; mills; pleasure-carriages; clocks; watches; horses; mules; cattle and hogs.

SEC. 2. Every male citizen over the age of twenty-one years, being a descendant of a white man, shall be subject to pay a poll-tax of fifty cents.

SEC. 3. That it shall be the duty of the collector of revenue to require of each and every merchant of Oregon to give him a statement of the amount of all merchandise on hand, in writing, to be stated upon oath or affirmation, which oath or affirmation the collector shall administer; and said collector shall collect and receipt for the tax upon such merchandise, which receipt shall serve said merchant for a license for the next year, commencing from the time given; and that, when a merchant shall wish to renew his license, he shall give a similar statement of all merchandise received by him for sale in the preceding twelve months, and the collector shall only require him to pay tax upon the amount of said imports.

SEC. 4. That any person refusing to pay tax, as in this act required, shall have no benefit of the laws of Oregon, and shall be disqualified from voting at any election in this country.

SEC. 5. That the sheriff shall serve as ex officio collector of the revenue, for which he shall receive, as a compensation for his services, ten per cent. upon all moneys collected as revenue.

SEC. 6. That the sheriff, before entering upon the duties of his office as collector of the revenue, shall enter into bond, with two or more good and sufficient securities, in a sum not less than five nor more than ten thousand dollars, to be approved by the executive, which approval shall be written upon the back of said bond, and the said collector's bond shall be filed in the office of the clerk of the court.

SEC. 7. That the collector shall pay over to the treasury, on the first Monday in each and every month in the year, all moneys that may be in his hands, and get the treasurer's receipt therefor.

SEC. 8. That it shall be the duty of the tribunal transacting county business to require the collector to settle with said court at each and every regular term of the court in Clackamas County.

SEC. 9. The collector of the revenue shall make full payment into the treasury on or before the first Monday in December in each year.

SEC. 10. The revenue of Oregon shall be collected in specie or available orders on solvent merchants in Oregon.

SEC. 11. That all acts and parts of acts contrary to this act be, and the same are hereby, repealed.

SEC. 12. This act to take effect from and after its passage.

M. M. MCCARVER, Speaker. Attest: J. E. LONG, Secretary.

Oregon Territory, Tualatin District, United States of America, May 1, 1844.

Charles E. Pickett, plaintiff, in the name of Oregon Territory, threatening to incense the Indians, against Saul, a man of color.

Complainant's oath and warrant issued, directed to J. L. Meek, sheriff, and summons for three witnesses, viz.: James Conner, William Hill, and Mr. Bird.

May 3.--Sheriff made his return with defendant and witnesses, and jury of good and lawful men, viz., Philip Foster, W. C. Dement, J. W. Nesmith, John McCaddan, C. Spencer, and S. W. Moss, being duly sworn, returned a verdict of guilty of the charges alleged to him, and signed their names, viz.: Philip Foster, J. W. Nesmith, William C. Dement, John McCaddan, Chauncey Spencer, and S. W. Moss.

Two witnesses, viz., William Hill and Mr. Bird, of lawful age, being duly sworn, did depose and say: that the threats in the deposition of Charles E. Pickett were correct; and that the Indians had come in a menacing manner; and that Saul said he would stand for the Indians' rights; and that he (Saul) was armed and prepared to do so; and that the Indians would burn and destroy his house and property. The charges being of a higher character than the Oregon laws have cognizance of, judgment is, that the United States sub-Indian agent, Dr. Elijah White, is the proper officer to take cognizance of him; and he, Saul, a man of color, be forthwith delivered into said agent's hand; which was forthwith done.

ROBERT MOORE, Justice of the Peace.

The criminal was received and kept in custody for some weeks; but having no prison-house or jail to lodge him in, and the captain absolutely declining taking him on board his vessel, after the storm had blown over I suffered and encouraged him to leave this place, and stop with one of the mission families for the present, at the mouth of the Columbia.

Though unsuccessful in getting employment as I had hoped, he remains in that vicinity with his Indian wife and family, conducting, as yet, in a quiet manner, but doubtless ought to be transported, together with every other negro, being in our condition dangerous subjects.

Until we have some further means of protection, their immigration ought to be prohibited. Can this be done?

E. WHITE, Sub-Agent.

TERRITORY OF OREGON,} } ss. DISTRICT OF TUALATIN.}

Charles E. Pickett, being duly sworn, says, that Saul (a man of color), of said Territory, has threatened to incense the Indians against his person and property, to destroy the same; and that he, the said Charles E. Pickett, verily believes that, unless measures are taken to prevent him, there are sufficient grounds to apprehend that he will carry those threats into execution.

Sworn to and subscribed this 1st day of May, 1844, before me,

ROBERT MOORE, J. P.

We, the jury, find the prisoner guilty of the charges alleged against him.

PHILIP FOSTER, J. W. NESMITH, WM. C. DEMENT, JOHN MCCADDAN, CHAUNCEY SPENCER, S. W. MOSS.

* * * * *

OREGON, WALLAMET VALLEY,} April 4, 1845.}

----Starting too late, and the winter rains setting in earlier than usual, subjected the immigrants to incredible suffering and hardships, especially from the Dalles of the Columbia down to the Wallamet Valley; but our early and delightful spring is exerting a cheering and most salutary influence upon their hitherto depressed spirits. They have, bee-like, been hived up in Oregon City during the winter, and are now swarming, to the entire satisfaction of the first occupants of the hive, it not being wide and large enough for such an unexpected increase. The last immigration, numbering about a thousand, are generally pleased with the country, and are setting about their spring work with becoming spirit and fortitude.

The Indians of this lower country, whose national honor and dignity are laid in the dust, are looking upon the rapid growth and increased strength of the whites with sorrowful countenances and sad hearts. The present state of things between us and them is peculiar, critical, unenviable, and dangerous, at least, so far as peace and property are concerned.

For instance, in proof: Soon after I sent my last dispatches, the chief of the Tualatin Plains, whose orderly conduct and that of his clan did honor to the Nez Perce laws, and the engagement we had mutually entered into, called on me, desiring my offices in procuring the mending of his gun. This being done, he invited me to come and see him and his people; said all was not right at his lodge; his tribe was divided, and all was not right; his influence was waning, and some of his people were becoming very bitter toward the Americans. Observing anxiety and mental reservation, I endeavored to draw out the secret, reminding him of the frequent communications he had brought me from the Rev. Messrs. Clark and Griffin, bearing such satisfactory testimony to their previous quiet, orderly, and proper conduct, etc., but all I could learn was, "Things are not right with us, and we are miserable."

The camass, their principal dependence for food, was cut off last season by reason of drought; and the deer are hunted so much by the late hungry western immigrant riflemen, that they have become wild, poor, and few in number. The chief left.

A few days after, I learned they had killed an ox and ate it, belonging to a neighboring white man. The owner was excited, and applied to one of the executive; a proclamation was issued, the military was called out (if it be lawful to call it such), and ample preparations made to avenge this national insult, and seek redress for this astounding loss. The army collected upon the opposite bank of the river, about six miles from the position occupied by the enemy, talked bravely, long, and loud, but the river was a little too high to cross that day; appointed another, the river being lower; none of the warriors appeared; nor could the executive, or owner, simply for the want of a few gallons of alcohol, obtain the necessary assistance to avenge the horrid wrong, and perform a brilliant military exploit. The chief, in his embarrassment and distress, came to me as usual for sympathy and succor. My coldness and look of severity (for which Heaven forgive me!) keenly afflicted him. After a deep sigh and painful pause, peculiar to a wounded or injured Indian, he slowly rose, gently smiting his breast, and said, "Dr. White, I am a true man, and carry an honest heart. Do you remember my coming to get my gun mended last fall? Do you remember my words, that all was not right with our people, and my inviting you to come and see us? We had just before killed that old ox, and were then eating it." I inquired, "Had you any thing to do with it personally?" "Yes, I helped to kill it, and, with my family, took and ate one-half of the animal. You saw the condition of my gun;--our provisions were out; I and others had hunted for two days,--our hunger was great. We held a council; and, hoping for success, I promised, on condition nothing was caught till the setting of another sun, we would kill the first animal we met. I traveled far, and wearied myself till evening; shot often but killed nothing;--we met this poor old ox, which our people would scorn to kill or eat but in case of extreme hunger;--my word was passed to my people; I could not go back from my word; I helped to kill and butcher the ox, and joined in eating him; and now my peace is gone. I am ashamed to see a white man's face; they look cold on me and shake the head;--I can not bear it--I can not live so; I come to you to help me, for I am told they want to kill me. I do not want such feelings to exist; nor do I want to be hunted as a bear or wild beast, for slaughter. I stand here a wisher of peace, willing to have you dictate the terms; but wish to have it remembered that we were distressed with hunger." "Suppose," said I, "the owner should require your rifle and four horses?" "You stand to judge between us, and I shall abide your decision." "But you have broken your engagement and forfeited confidence, and I fear it can not be settled, and some think you have killed before." "Dr. White, I am a true man, and lie not. I, nor my people, can not be so accused justly; this is injurious; none can meet my face and say it." I wrote, through him, to the owner, praying, as it was the first offense so far as we had the least evidence, and especially in view of our critical situation and his general good behavior, that he would fully indemnify himself; and then, in view of what I knew of the condition of his gun, and the probability that it was induced by hunger, to settle it; and requested him to assure the chief that he was convinced from my letter and all the circumstances, in connection with his past good conduct, that it must have been brought about by hunger.

The advice was rejected, as the laws of the organization now had cognizance of the offense, and he wished to see them faithfully enforced. Public opinion became divided, and no judicial expression being made, and the poor chief becoming excessively tired of being held by public opinion in durance vile, came to see me a second time. I wrote again, and learned it was settled by the chief and his people paying his rifle and eight horses. If this be correct (as I fear it is), I abominate the act and dread its prejudicial influence.

Week before last a hungry and mischievous lodge killed a cow. They were pursued by a party of whites, overtaken, and, in attempting to take them, the Indians fired upon the whites, killing one horse, and wounded another. The fire was returned; one Indian killed, and a second wounded. Thus ended this affair, which creates very little excitement among whites or Indians.

The most painful circumstance that has occurred lately, transpired last fall at California. The Cayuses, Wallawallas, and some of the chiefs of the Spokans, entered upon the hazardous but grand and important enterprise of going directly through the Indian country to California, with a view of exchanging their beaver, deer, and elk skins, together with their surplus horses, for neat stock. As they had to travel through an extensive country inhabited by the savage and warlike Klamaths and Shastas, where Smith, Turner, and so many other white parties had been defeated, we are at a loss to conclude whether their valor is more to be commended than the rashness of their stupendous enterprise to be censured. They were well mounted and equipped; the chiefs clad in English costume, and the residue attired in dressed skins, molded according to their several tastes. The journey of seven or eight hundred miles, after some fighting, watching, and much fatigue, was accomplished, and their numbers not lessened.

Taking their own statement, their reception was cordial, and the impression made upon the whites by these distant and half-civilized people, upon an errand so commendable, was most favorable. The treating and salutations being over, the trade commenced in good faith, and to mutual satisfaction. All moved on well, till, on an excursion to procure elk and deer skins, they met a marauding band of mountain freebooters; fought them, and, being victorious, took a prize of twenty-two horses, all previously stolen from the whites.

On returning to the settlements, the Spaniards laid claim to the animals. The chiefs remonstrated, and said, agreeably to their customs, the horses were theirs. The Spaniards explained their laws, and showed the animals not to be vented, i.e., bearing a transfer mark, and told the Indians they must give them to the rightful owners, as all Americans and others did. The Indians seemed grieved and rather incensed; said in their country six nations of people were on terms of amity, and that in case any one of these six nations stole a horse, the tribe was responsible for the safe delivery of that animal to the rightful owner; but in case the Blackfeet or other formidable enemy steal or capture, the properly is supposed lost, without redemption; and as we have captured these horses at the hazard of our lives, from your long openly declared enemies, we think they ought in justice to be ours. The Spaniards condescended to offer ten cows for the redemption of the horses; the chief not replying, five more were added; he still remaining moody and without replying, the negotiation unhappily broke off. A day or two after, an American, seeing his mule among the number captured, told the Indians it was his mule, and have it he would. "Will you?" said a young chief by the name of Elijah Heading; and stepping into the lodge, he immediately loaded his rifle, came out and observed significantly, "Go now and take your mule." The American, much alarmed, remarked, "I hope you are not going to kill me." "No! I am going to shoot yonder eagle" (perched upon a neighboring oak). Not liking the appearances, the man left without attempting to obtain his mule. A day or two after, the Indians left their encampment and walked down to the fort of Captain Sutter to church; and from the best information we have obtained (all being ex parte), the following appears to be near the truth: After service Elijah was invited into another apartment, taking with him his uncle, a brave and sensible chief of the age of five and forty; while there, in an unarmed and defenseless condition, they commenced menacing him for things alleged against the river Indians of this upper country, in which none of them had any participation; called them indiscriminately dogs, thieves, etc. This American then observed: "Yesterday you were going to kill me; now you must die"--drawing a pistol. Elijah, who had been five or six years at the Methodist Mission, and had learned to read, write, and speak English respectably, said, deliberately: "Let me pray a little, first;" and kneeling down, at once commenced; and while invoking the Divine mercy, was shot through the heart or vitals dead upon the spot. Every measure, as the Indians say, was taken to cut them all off by the Spaniards, who brought out the cannon, with other fire-arms, and hotly pursued them, and tried to prevent their escape by checking and interrupting their passage across the ferries, etc. But at length they all arrived safely, after manifest suffering, leaving the herds they had paid for in California.

They met three Americans on the way as they left the California settlements and had them in their power, but instead of revenging the death of Elijah, they mounted each on a horse of their own, and sent them on, telling them to go to the fort and acquaint the people that they could not kill innocent white people in their power and lodge.

Taking for truth an Indian report, this horrible affair creates considerable excitement, and there is some danger of its disturbing the friendly relation that has hitherto existed between us here, and all those formidable tribes in the region of Wallawalla and Snake River. They had no sooner arrived, than Ellis, my interpreter, the high chief of the Nez Perces, was deputed to come down and learn our opinions regarding the affair. They could not have sent a better agent, the whites all giving him a handsome and cordial reception. From Wallawalla, he accompanied Mr. Grant, the chief trader at Fort Hall, down to Vancouver. He called on Dr. McLaughlin, whose great experience and address were serviceable. He spoke touchingly of the violent death of his own son upon the northwest coast, and left the impression that he could not avoid sympathizing with the father and friends of the deceased young chief. Mr. Douglas, too, an early friend, patron, and favorite of Ellis, aided much in convincing him that all the good and virtuous could not avoid the most painful regrets at so melancholy a circumstance, which must have occurred by reason of the difference in their customs or laws, imperfectly understanding each other, or from some, as he would charitably hope, excusable circumstance.

Under the influence of this salutary language and interview, Ellis arrived at my residence, in Wallamet, about the 1st instant, having, a short time before, got a hasty communication, written in excitement, from Dr. Whitman, who was under serious apprehensions that it might be avenged upon some of the whites of the upper country. Be assured I was happy to see this my most faithful friend and interpreter. Sir, pardon me for saying--isolated as we are here, agitated as we have a thousand times been by faithless savages and still more faithless whites, responsible, yet powerless and defenseless, in our unsettled state of things--to meet with this honest man, this real friend, though an Indian, gave me hearty pleasure.

His thorough education at Red River molded him into more of the white man than Indian. His prudence and good management with his tribe sanctioned the choice that had been made, and all the whites spoke handsomely of his kind offices and obliging deportment, while immigrating through his country. Being satisfied of the safety and policy, I feasted him, and took at once unobserved measures to have him invited to every respectable place abroad, where the ladies and gentlemen received him so cordially, and feasted him so richly and delicately, that he almost forgot the object of his embassy, and, I verily believe, thought extremely highly of the whites of Wallamet, however ill he might have thought of the conduct of the Californians.

Being anxious to make this visit useful to him and his people, as well as pleasant, after spending a few days in visiting the schools, as well as the principal inhabitants and places of interest, I showed him my little library; told him to make himself at home; put on my farmer's garb and commenced working upon my plantation. He soon came out, accompanied by a wealthy cousin, and begged for tools to assist me. I loaned them, and found he was much at home in their use. He spent with me a sufficient length of time to convince me of the truth reported concerning his cheerfulness in labor, as well as his knowledge, application, and assiduity in business. He spoke sensibly of the advantages of industry, and the astonishing change that had been effected among his people by the cultivation of the soil; assured me that every family or lodge now raised an abundance for home consumption, besides having considerable quantities to barter with the whites. He says he raised, himself, the past season, six hundred bushels of peas, with a fine crop of wheat, potatoes, beans, etc.; spoke properly of its moral and social effects. Wars were no longer talked of, and the chase was nearly abandoned; the book and the Bible consumed their leisure moments. Polygamy, once so common, was now done away with, except in two solitary cases, and not a lodge of his people but observed the Sabbath, and regularly attended morning and evening devotion. This was only corroborative of what I had previously heard from other sources. He spent ten days with me in the most cheerful, agreeable, and profitable manner, and at the close I felt myself the happier and better for the visit; nor did I marvel that his influence was increasing and the prospects of his people brightening.

Pardon me, for, in thinking of his visit and dwelling upon his excellences, I had like to have forgotten his agency. Learning from Dr. Whitman, who resides in their midst, how much they were all excited by reason of the treacherous and violent death of this educated and accomplished young chief, and perhaps more especially by the loss they had sustained; and then, after suffering so many hardships and encountering so many dangers, losing the whole,--I apprehended there might be much difficulty in adjusting it, particularly as they lay much stress upon the restless disaffected scamps late from Wallamet to California, loading them with the vile epithets of "dogs," "thieves," etc., from which they believed, or affected to, that the slanderous reports of our citizens caused all their loss and disasters, and therefore held us responsible. He assured me that the Cayuses, Wallawallas, Nez Perces, Spokans, Ponderays, and Snakes were all on terms of amity, and that a portion of the aggrieved party were for raising about two thousand warriors of these formidable tribes and marching to California at once, and, nobly revenging themselves on the inhabitants by capture and plunder, enrich themselves upon the spoils; others, not indisposed to the enterprise, wished first to learn how it would be regarded here, and whether we would remain neutral in the affair. A third party were for holding us responsible, as Elijah was killed by an American, and the Americans incensed the Spaniards. Ellis reminded me at the same time of the ill-success the chiefs met with in trading off their ten-dollar drafts for herds with the immigrants; which drafts I had sent up by Mr. Lee, my interpreter, to secure peace and safety while the immigrants were passing through their country, the year before so many having been pillaged and robbed of their effects, through the inattention of the chiefs.

Sir, how this affair will end is difficult to conjecture; the general impression is, that it will lend to the most disastrous consequences to the Californians themselves, or to the colony of the Wallamet Valley. My principal fear is, that it will result in so much jealousy, prejudice, and disaffection, as to divert their minds from the pursuit of knowledge, agriculture, and the means of civilization, which they have been for such a length of time so laudably engaged in obtaining.

Should this be the case with these numerous, brave, and formidable tribes, the results to them, and to us, would be indeed most calamitous. To prevent such a result, I wrote, through Ellis, a long, cordial, and rather sympathizing letter to the chiefs of these tribes, assuring them that I should at once write to the governor of California, to Captain Sutter, and to our great chiefs respecting this matter. With a view to divert attention, and promote good feeling, I invited all the chiefs to come down in the fall, before the arrival of the immigrants, in company with Dr. Whitman and Mr. Spalding, and confer with me upon this subject; at the same time, as they had been so unfortunate, to bring along their ten-dollar drafts, and exchange them with me for a cow and calf each, out of my own herds. I likewise wrote them, that on condition they would defer going to California till the spring of 1847, and each chief assist me to the amount of two beaver skins, to get a good manual labor literary institution established for the English education of their sons and daughters (a subject they feel the deepest interest in), I would use every measure to get the unhappy affair adjusted; and, as a token of my regard for them, would, from my private funds, give the chiefs five hundred dollars, to assist them in purchasing young cows in California. I likewise proffered, as they are so eager for it, to start the English school next fall, by giving them the services of Mr. Lee, my interpreter, for four months, commencing in November next.

Ellis more than properly appreciated my motives and proffers, and said he was of the full belief the chiefs would accede to my proposition; spoke of the importance of the English school, and of the strong and general desire to obtain it. He left in high hopes of a continuance of peace and onward prosperity to his people.

A few days later brought me into another excitement and difficulty at Vancouver. Two young men, named in McLaughlin's communication to this government (a copy of which, marked A, together with a reply, accompanies these dispatches), crossed the Columbia River, and, unobserved, in the midst of a little thicket something over half a mile from Fort Vancouver, felled some timber, threw up a few logs in the shape of a hut, intending soon to finish it, put up a paper upon a contiguous tree, stating that they had commenced and intended to establish a claim agreeably with ----; here the note ended. Some one about the establishment, observing the paper and commencement of the hut, reported it to the governor, who sent down at once and had all the timber removed from the vicinity, the tree felled, and that, with the paper likewise, removed. They had hardly cleared the ground when the claimants arrived with a surveyor, and commenced surveying off a section of land, embracing the post first commenced upon. They were inquired of, at the instance of Governor McLaughlin, as to their object and intentions. They at once laid down the chain, dropped all business, and walked up to the fort. Several respectable and influential American citizens happened to be present on business, who, with myself, were respectfully invited to hear the discussion.

Williamson, a modest and respectable young man, demeaned himself with propriety; but Alderman, his associate, a boisterous, hare-brained young fellow, caused me (as occasionally others do) to blush for American honor. His language was most severe, and, but for the sake of the country's quiet, could not have been endured; the governor and Mr. Douglas displaying their usual calmness and forbearance. I heard the discussion for two hours; and, becoming satisfied that no possible good could grow out of it, remarked that with the cheerful consent of both parties I would give my sense of the matter.

Each readily consenting, I thought best to come up on the blind side of Alderman; treated his measures with less severity, and himself with more consideration and respect, than he anticipated; then spoke of Greenough's construction of the treaty between the two governments (which I happened to have with me); of the immense district of country dependent upon this establishment for supplies in beef, pork, etc., and as evidence that they had no more land contiguous than was necessary for their purposes, spoke of the number of cattle and other stock that had died of starvation during the last winter; dwelt upon the importance of union and good feeling among all the whites, surrounded as we were by savages, in our weak and defenseless condition, and especially of the propriety of establishing correct precedents in our unsettled state, regarding land claims; and, without advising particularly either party, took my seat.

Williamson and Alderman soon manifested a desire for a private interview, which resulted in a suspension of hostilities for the present, and probably an abandonment of the claim.

Now, my dear sir, suffer me to write a few things concerning this country, which seemed to me strongly to demand the speedy attention of the members of our government. Take fifty men from the colony, of the most intelligence, firmness, and prudence, and anarchy and confusion follow. Suffer a free introduction of ardent spirits, and desolation, horror, dismay, and bloodshed ensue. Never were a people more illy prepared for self-government, nor more unfavorably circumstanced to succeed,--aside from the single fact of the absence of all intoxicating drinks.

Sir, too great a portion of our population comes from the western suburbs of civilization, for one moment's safety to us in our present condition. I know not but I have as much patience as most men, but am heartily tired of this state of things. Nor would I run the risk again, by land and water, from whites and savages, for the safety and quietness of the colony and country, for all the wealth of earth. I have not shrunk from toil, danger, nor hardships, and though alone-handed and unsustained, black-balled and traduced, astonishing to say, my measures have yet succeeded. I think of the past with a clear conscience, yet at present, at peace as we are, I look upon our critical condition with an anxious, aching heart, feeling that the members of our government err exceedingly toward their citizens in Oregon.

As I have so often said of this lower country, with its beauty, excellence of soil, and mildness of climate, it might be rendered the paradise of earth; but, sir, every thing is jeoparded by the tardiness of our government measures; not only the poor, injured natives, but the whites generally, have become wearied to impatience in waiting for an expression from our government, and disaffection, with a want of confidence, is taking the place of previous warm feeling and strong attachment.

I regret this exceedingly, but feel it my duty to speak out in truth and distinctness upon this important point. I have said and done what I could to keep up confidence and hope; but already demagogues are haranguing in favor of independence, and using the most disparaging language regarding the measures of our government as a reason for action. These are but the beginnings, and, though I am glad to say such sentiments do not generally obtain, yet they are more favorably listened to this year than last; their natural results and practical tendency you will readily perceive.

Your annual report of 1843 reached me only a few days since, having been broken open on the way, then put into the hands of Indians, and forwarded to me through that channel. And while I have to regret never having received any thing from your pen, be assured I am not insensible to the honor done me, in speaking as you did of my report, through yours of 1843 to the Secretary of War. I feel any kind expression from home the more sensibly, from the torrent of opposition I have been forced to meet and contend with here; but am happy to observe that my influence is increasing, and my measures are being better understood and appreciated.

Influence here is most important; I felt this strikingly a few weeks since. Three among the most correct and sensible men of the colony formed a co-partnership to enter largely upon the brewery business. They had already taken some steps; and as the business promised to be lucrative, the probabilities were against me in attempting to dissuade them from their purpose. I visited them, labored calmly, honestly, and faithfully, and felt the difference dealing or talking with men of sense and principle, over many with whom I have to do in Oregon.

The interview broke up most agreeably, not an unpleasant sentence having passed; the gentlemen engaging to give me their decision very soon. This was communicated to me two days after, in a delicate and handsome manner, which was entirely to my wishes, the business being altogether abandoned. This was most gratifying to me, as from such a quarter should beer be introduced, it would be impossible for us to prevent the introduction of stronger drink into the colony and country, which, of all others, is most illy prepared to receive it.

The colony, now numbering about four thousand, is in a most flourishing state, and I am doubtful if any like number are more pleased or better contented in our wide domain. The schools of the country during the last winter have been well sustained; I have contributed to each, as was necessary, from ten to fifteen dollars, to pay rents, etc., and to encourage them forward in their laudable struggle to educate their rising families.

I attended the examination of the Methodist Institute school a few weeks since, and was most agreeably impressed regarding the institution.

The pleasant deportment and improved manners of the young ladies and gentlemen of the school, saying nothing of their astonishing advancement in the different departments of literature, was a cause of the highest gratification. I have nowhere attended an examination, taking all things into the account, more creditable to the principal or institution. I have called for a report, but am sorry it has not yet come to hand.

The branches taught are rhetoric, grammar, geography, arithmetic, reading, writing, and spelling. The most enlightened and best disposed are using their influence to strengthen the organization, and perfect the laws of the colony. Many are favorable to the adoption of a constitution, by calling a convention for that purpose the present season. This being the most enlightened sense, and meeting with little opposition, I am of the opinion it will prevail. Should this be effected, the constitution, accompanied with a petition, will probably be forwarded by a delegate from this country to Washington City the coming winter. As the friends of the constitution generally wish best to the country, and desire to have every thing so conducted as not to embarrass, but to meet with acceptance at home, I am solicited to be said delegate, and represent the wants of Oregon. A circulating medium is greatly needed; however, the enterprise and onward march of this people can not easily be repressed. Through the auspices of the Hudson's Bay Company almost every man, requesting and needing it, is helped to sufficient means to commence upon his section of land; and, certainly, by far the greater number give evidence of well-placed confidence. The prairies are dotted over with houses, and the fruitful fields are spreading out widely all around us. Moral and religious influence, I regret to say, is waning; yet it is gratifying to observe an increasing interest upon the subject of schools and education; and I am happy to say we have now eleven schools this side the mountains, most of them small, to be sure, but they are exerting a salutary and beneficial influence.

Pardon the length and want of interest of my report. Did not duty hold me here, or had I funds appropriated to travel abroad to explore this delightful region of surrounding country, from what I learn of vague reports I have little doubt but much interesting, curious, and important information might be collected. But here I am, doomed to sit, watch, and sometimes almost fight for peace between whites and Indians--the question of right and wrong becoming more and more complicated continually; while here, allow me to say, the settling these difficulties necessarily costs me not a little. I believe most fully, in making a settlement with an Indian or tribe, to have it a happy, earnest, and hearty one; and, in order to effect this, they require a present as a seal. And, sir, this is my principal means of usefulness or influence over these poor, and, in many instances, injured natives. Their seeming confidence and regard makes one the more patient and cheerful in doing for them; nor can I complain, as so many east of the mountains have been obliged to, of violated faith on the part of the Indians. From all I can learn, on much of which little reliance is to be placed, there appear to be about forty-two thousand Indians in the Territory, allowing it to extend to 54 deg. 40' north latitude.

Mr. Lee's (my interpreter) report accompanying this you will observe. I would have accompanied him but for the season of the year, and the prevalence of the dysentery, which is sweeping off the poor natives of this lower country. This gave rise to Dr. Long's bill, which, I hope, will be honored, as it was a work of humanity as well as policy. I directed it, as I could not possibly attend to those and these at the same time, there being forty miles between us.

I hope, Providence permitting, to have the pleasure of seeing you and the other gentlemen of the departments, at Washington, in a few weeks, or months at longest, after this reaches, and of explaining my accounts and reasons for expenditures.

I had not expected to draft on the department this spring; but there were no other means of settling with Governor McLaughlin, for the want of a circulating medium through which to operate.

Inclosed is a letter from Peter H. Burnett, Esq., which I proposed forwarding in my last dispatches, but received too late for transmission.

With great respect, I am, dear sir, your most humble and obedient servant,

ELIJAH WHITE, Sub-Agent Indian Affairs, W. R. M.

To the Citizens of Oregon:

GENTLEMEN,--We take the liberty of informing you that a person named "Henry Williamson," some time about the 15th of February, this year, took the liberty of erecting on the premises of the Hudson's Bay Company a few logs, in the form of a hut, and wrote a notice upon an adjoining tree that he had taken a section of land there. This was done without our knowledge or consent, within a few hundred yards of a house occupied by one of the Hudson's Bay Company's servants, and within the limits of their improvements. As soon as we were informed of that proceeding, we had the tree cut down and the logs removed, in order to prevent any future difficulty with a person who had, in a manner so unjustifiable, intruded on the Hudson's Bay Company's premises.

The Hudson's Bay Company made their settlement at Fort Vancouver under the authority of a license from the British government, in conformity with the provisions of the treaty between Great Britain and the United States of America, which gives them the right of occupying as much land as they require for the operations of their business.

On the faith of that treaty, they have made a settlement on the north bank of the Columbia River; they have opened roads and made other improvements at a great outlay of capital; they have held unmolested possession of their improvements for many years, unquestioned by the public officers of either government, who have, since the existence of their settlements, repeatedly visited it; they have carried on business with manifest advantage to the country; they have given the protection of their influence over the native tribes to every person who required it, without distinction of nation or party; and they have afforded every assistance in their power toward developing the resources of the country and promoting the industry of its inhabitants.

The tract of land they occupy, on the north bank of the Columbia River, is indispensable to them as a range for their flocks and herds, but otherwise of little value, being in part inundated every summer by the waters of the Columbia, and in part unimprovable forest land.

Occupying the said tract of land by the authority of law, and under the protection of the British government, they can not submit to the infringement of rights so acquired; and we, as their representatives, are bound to use every means sanctioned by the law which governs us against all trespassers on their premises, until otherwise directed by orders emanating from the Hudson's Bay Company.

Permit us to assure you, gentlemen, that it is our earnest wish to maintain a good understanding, and to live on friendly terms with every person in the country. We entertain the highest respect for the provisional organization; and knowing the good it has effected, as well as the evil it has prevented, we wish it every success, and hope, as we desire, to continue to live in the exercise and interchange of good offices with the framers of that useful institution.

The advantages of peace and harmony, of the support and maintenance of established rights, must be as evident to every member of the community as the evils flowing from a state of lawless misrule.

With these considerations before us, we feel confident that every person who desires the well-being of the country, who wishes to see it prosperous and flourishing, will unite in putting down every course which may have a tendency to disturb the public peace, and in promoting, by every means in his power, the cause of justice, obedience to the laws, and mutual accommodation.

With a fervent prayer to the Divine bestower of all good for the happiness and prosperity of every individual in the country, we have the honor to be, gentlemen, your obedient servants,

JOHN MCLAUGHLIN. JAMES DOUGLAS.

* * * * *

VANCOUVER, March 18, 1845.

GENTLEMEN,--I am sorry to inform you that Mr. Williamson is surveying a piece of land occupied by the Hudson's Bay Company, alongside of this establishment, with a view of taking it as a claim; and as he is an American citizen, I feel bound, as a matter of courtesy, to make the same known to you, trusting that you will feel justified in taking measures to have him removed from the Hudson's Bay Company's premises, in order that the unanimity now happily subsisting between the American citizens and British subjects residing in this country may not be disturbed or interrupted. I beg to inclose you a copy of an address to the citizens of Oregon, which will explain to you our situation and the course we are bound to pursue in the event of your declining to interfere.

I am, gentlemen, your obedient humble servant,

J. MCLAUGHLIN.

WILLIAM BAILEY, OSBORNE RUSSELL, P. G. STEWART, Executive Committee of Oregon.

[The above documents must be considered a full declaration of war by the Hudson's Bay Company, as all future operations of theirs were merely preparatory to the final consummation and attack that was made through the Cayuses. The answer of our Executive Committee acknowledged treaty rights that did not exist, as neither the sovereignty of the soil, nor the boundary line, were settled, hence the joint occupancy of both as per treaty was good.]

* * * * *

OREGON CITY, March 21, 1845.

SIR,--We beg to acknowledge the receipt of your letters,--one dated 11th of March, and the other 12th of March,--accompanied with an address to the citizens of Oregon.

We regret to hear that unwarranted liberties have been taken by an American citizen upon the Hudson's Bay Company's premises, and it affords us great pleasure to learn that the offender, after due reflection, desisted from the insolent and rash measure.

As American citizens, we beg leave to offer you and your much esteemed colleague our most grateful thanks for the kind and candid manner in which you have treated this matter, as we are aware that an infringement on the rights of the Hudson's Bay Company in this country, by an American citizen, is a breach of the laws of the United States, by setting at naught her most solemn treaties with Great Britain.

As representatives of the citizens of Oregon, we beg your acceptance of our sincere acknowledgments of the obligations we are under to yourself and your honorable associate for the high regard you have manifested for the authorities of our provisional government, and the special anxiety you have ever shown for our peace and prosperity; and we assure you that we consider ourselves in duty bound to use every exertion in our power to put down every cause of disturbance, as well as to promote the amicable intercourse and kind feelings hitherto existing between ourselves and the gentlemen of the Hudson's Bay Company, until the United States shall extend its jurisdiction over us, and our authority ceases to exist.

We have the honor to be, sir, your most obedient servants,

OSBORNE RUSSELL. P. G. STEWART.

JOHN MCLAUGHLIN, Esq.

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TUALATIN PLAINS, November 2, 1844.

DEAR SIR,--Your communication of the 20th October, 1844, was duly received, and a press of business has delayed my reply till now.

In relation to the subject of inquiry contained in your letter (being the natural resources of Oregon), I can truly say that I entertain a very high opinion of the great and decided advantages bestowed by nature upon this most interesting and beautiful portion of our globe.

Our facilities for commercial enterprise are most decided, as the rapidly increasing commerce of the great Pacific lies at our very door. The climate of this country is more equable, subject to fewer extremes than any, perhaps, in the world. I have been here about one year, and have found it most delightful, and I can truly say that it is the most healthy country I have ever lived in. During the present year, I have scarcely heard of a case of fever in the whole country. The timber of Oregon is indeed most superior, and constitutes a large portion of its wealth; and we have not only the tallest, finest timber in the world, but we have everywhere water power to any desirable extent, suitable for propelling all kinds of machinery.

The soil of this country is most excellent, and can be prepared and cultivated with less labor than that of any other country. Wheat is the great staple of the world, and as a wheat-growing country, this ranks in the very first class. The crop is not only of the best quality, but is always large, and there is no such occurrence as a failure of the wheat crop. For potatoes, melons, turnips, and garden vegetables generally, our soil is superior. Indian corn does not succeed well, and in fact we have no use for it, as our cattle live all the year upon the natural pastures of the country. Since I have been here, I have been myself engaged in farming occupations, and I have been astonished at the very small amount of labor required to cultivate a farm. Potatoes are planted, and nothing more is done to them until they are ready for digging, when they are not dug, but generally turned up with the plow. Peas are sown broadcast, like wheat, and are neither staked nor cultivated, and produce in great abundance. Plowing is done here from the month of September until July, and wheat is sown from October to May, and potatoes are planted in March, April, and May. A team of two horses, with a very light, easy plow, can break prairie land, but a team of two yoke of oxen is most generally used. I am informed that timothy, clover, and blue grass all grow well in the soil of Oregon. For pasturage this country is pre-eminent. Horses, cattle, and sheep require neither feed nor shelter, and keep fat all the year round. Hogs are raised here with partial feeding, and pork is generally fattened upon wheat, and finer pork I never saw anywhere.

I omitted to mention in its appropriate place that our harvesting commences about the 20th of July, and continues throughout the month of August; and during the present year we had no rain from about the 1st of July to the 15th of October, so that we had the finest weather for saving our crops imaginable.

One thing that strikes the beholder of this country with greatest force, is the unsurpassable beauty of its scenery. We have snow-clad mountains, beautiful valleys, pure, rapid streams running over pebbly beds, with numerous cascades and waterfalls, and trees of superior grandeur and beauty.

The government of Oregon has grown up from necessity; and perhaps no new organization has been adopted and sustained with so much unanimity and good order. Every circumstance has tended to strengthen it. I attended the last term of the Circuit Courts in most of the counties, and I found great respect shown to judicial authority everywhere, and did not see a solitary drunken juryman, or witness, or spectator. So much industry, good order, and sobriety, I have never observed in any community. Our population seem to be exceedingly enterprising, and is making rapid progress to comfort and wealth. As yet, we have had no murders, no robberies, thefts, or felonies of any kind, except one assault with intent to kill. Our grand juries have exhibited very laudable assiduity in discharging their duties, and criminals here will meet with certain and prompt punishment.

Nature has displayed here her most magnificent powers, and our country has its full share of natural advantages. Our prospects are most brilliant. If we can keep out intoxication, and we will do it, half a century will not roll away before there will exist in Oregon one of the most industrious, virtuous, free, and commercial nations in the world.

I have already protracted this communication beyond its appropriate length, and will now close it by subscribing myself,

Yours, etc.,

PETER H. BURNETT.

Dr. E. WHITE.

* * * * *

WALLAMET, OREGON, April 4, 1845.

SIR,--I have the honor and happiness of informing you, and through you, if it be your pleasure, the American public, that measures have been taken by myself and the citizens in this colony, to open a wagon route through from the upper part of this valley, the present season, directly to Fort Hall, or Green River; the pilot returning and escorting the immigrants through the much shorter, easier, and every way more advantageous route. The immigrants will thereby be enabled to bring with them their herds, wagons, and all their effects at once directly into the heart of the Wallamet Valley; saving thereby an immense amount of toil, hardship, and suffering, saying nothing of the necessary destruction and increased danger of the other route.

Your humble and obedient servant, E. WHITE, Sub-Agent Indian Affairs, W. R. M.

The messenger is leaving.

* * * * *

OREGON CITY, March 4, 1845.

Dr. E. White:

SIR,--In compliance with the request you made to me, that I should notice and communicate to you whatever I might deem of interest during my visit, in your employ, to the various Indian tribes east of the Cascade Mountains, bearing to them presents with admonitions and advice from you in order to secure the safety and peace of the immigrants in their passage through their country, the following is submitted:--

1. The Nez Perces.--Your acquaintance with this promising people renders it unnecessary for me to speak of their general character. I would simply remark, that their anxieties to become a civilized and literary nation have suffered no abatement since I left them in March last, after passing the winter with them most pleasantly, as teacher, in the employ of Rev. H. H. Spalding, missionary. Ellis, with most of the chiefs, was absent, having gone to meet the immigrants, then in the vicinity of Fort Boise, with a view to furnish them provisions, and trade them horses for cattle. You are aware of their eagerness to obtain domestic stock with all farming utensils, which I regard as one of the most interesting facts connected with Indian affairs west of the Rocky Mountains. Avarice is doubtless the ruling passion of most Indians, and forms a capital upon which those engaged in Indian affairs may operate for good or evil. With the Nez Perces, it has thus far been turned to good account, effecting results as beneficial to the whites and more salutary to the natives themselves, on this side the mountains, than has been effected on the other side by military force. Such is the prevalence of this "love of gain" among the Indians, that all efforts to control them by motives held out to any other passion, must prove ineffectual, at least, while we are unable to awe them by martial parade.

The individual difficulties existing between James, Timothy, and others, in relation to their claims on the valley, about the Clearwater Mission, are, for the time, put to rest, by the promise that you will visit them soon, and have the matter properly adjusted. Their crops this year have been abundant, and they have furnished the immigrants large supplies of provisions, which, I am happy to say, were bartered in good faith, and the trade conducted with much amity and good feeling on both sides, while I have to regret that Ellis and his people were unable to procure cattle to any extent worthy of notice. The presents were received, and the advice heard with a most respectful attention.

2. The Cayuses are also manifesting a spirit of enterprise, highly commendable. They too, have raised much grain and potatoes, and are trading freely with the immigrants. A number of their chiefs and principal men were absent at the time, having gone, in company with a party of Wallawallas, to California, with horses to trade for cattle. They have since returned, and I sincerely regret to learn the failure of this, their first expedition of the kind. The Spaniards and other whites treated them badly; murdered one of the most promising young men of the Wallawallas, and the party returned without effecting the object of their trip. What influence this affair will have upon the conduct of these two tribes in reference to the next immigration passing through their countries, time alone must determine.

The lawless bands along the river, from Fort Wallawalla to the Dalles, are still troublesome to the immigrants; and the immigrants are still very imprudent in breaking off into small parties, just when they should remain united. The Indians are tempted by the unguarded and defenseless state of the immigrants, and avail themselves of the opportunity to gratify their cupidity. Here allow me to suggest a thought. These robbers furnish us a true miniature likeness of the whole Indian population, whenever they fail to obtain such things as they wish in exchange for such as they have to give. These are robbers now, because they have nothing to give; all others will be robbers when, with what they have to give, they can not procure what they wish. I am satisfied of the correctness of this conclusion, from all that I have witnessed of Indian character, even among the praiseworthy Nez Perces. And should the government of the United States withhold her protection from her subjects in Oregon, they will be under the necessity of entering into treaty stipulations with the Indians, in violation of the laws of the United States, as preferable to a resort to force of arms. Hitherto, the immigrants have had no serious difficulty in passing through the territory of these tribes; but that their passage is becoming more and more a subject of interest to the Indians, is abundantly manifest. They collect about the road from every part of the country, and have looked on with amazement; but the novelty of the scene is fast losing its power to hold in check their baser passions. The next immigration will, in all probability, call forth developments of Indian character, which have been almost denied an existence among these people. Indeed, sir, had you not taken the precaution to conciliate their good feelings and friendship toward the whites, just at the time they were meeting each other, it is to be doubted whether there had not been some serious difficulties. Individuals on both sides have been mutually provoked and exasperated during the passage of each immigration, and these cases are constantly multiplying. Much prudence is required on the part of the whites, and, unfortunately, they have very little by the time they reach the Columbia Valley. Some of the late immigrants, losing their horses, and very naturally supposing them stolen by the Indians, went to the bands of horses owned by the Indians and took as many as they wished.

You are too well acquainted with Indians to suppose that such a course can be persisted in without producing serious results. I am aware that this is looking at the dark side; but sir, perhaps it is wisdom to look at that side when it is more than half turned toward us, if, by looking, we can find some way to turn it back again. I look to Ellis, and the speedy action of the general government of the United States, as the brightest features in the prospect now before us. Your knowledge of my situation and circumstances render any apology unnecessary for this imperfect scroll.

I remain, your humble servant, H. A. G. LEE.

Dr. E. WHITE, Sub-Agent Indian affairs, W. R. M.

* * * * *

OREGON TERRITORY, July 8, 1845.

To the Hon. the Secretary of the War Department:

DEAR SIR,--I beg leave, most respectfully, to submit a few thoughts for your consideration, relative to the course pursued by Dr. E. White, our late Indian sub-agent, now on the eve of leaving us. I would not venture to intrude upon your time, but for the reason that I am aware that Dr. White leaves with an anxious and laboring mind, in view of the state of his finances, fearing, perhaps, a proper consideration might not be given to the situation and circumstances in which he has been placed in this isolated portion of our wide domain. I consider it but justice to Dr. White, to say, having crossed the mountains with him, that he exerted himself, and did much toward raising the first party that were of a sufficient number to travel independent of the trading companies to the mountains; thereby opening the way, and making the first track to Oregon; and since his arrival, by his promptness, decision, and firmness, we have been saved from the baneful influence and degradation of ardent spirits here, in our infant colony; and by his kind, conciliatory measures, active charity, and judicious conduct among the Indians, he has done much for them, and probably, in several instances, fended off the arrow of savage warfare.

The indefatigable perseverance, expense, and time Dr. White has been at in ferreting out a road across the Cascade Mountains,[11] which will intersect the old wagon road in the vicinity of Fort Hall, cutting off some two or three hundred miles of the worst portion of the road, entirely avoiding the Columbia River, and the dangers incident to these waters, by an inexperienced, worn-out, and fatigued immigration. By this new route, the immigrants will find themselves greatly relieved, and saved from immense trouble, as they will as readily reach the head of the Wallamet settlement, as they would, by the old, reach Wallamet; avoiding the difficulties and dangers of the Snake and Columbia rivers.

In conclusion, allow me to observe that the sacrifice one is obliged to make in funds of this country, to render them specie, or available drafts, is immense; and it is almost impossible to do it at all, to any amount. Consequently, the doctor finds himself very much embarrassed in his financial concerns, being obliged to draft on his government for his entire expenditures in his official capacity. Be pleased to accept, etc., my dear sir,

While I remain yours, With due regard and great respect,

A. LAWRENCE LOVEJOY.

[Footnote 11] The Cascade ridge of mountains was found to be high and difficult to pass; and it is doubtful with me if the immigrants succeeded in crossing over with their wagons and effects, into the valley of the Wallamet.

* * * * *

OREGON, August 14, 1845.

The following resolution was introduced and adopted in the House of Representatives of Oregon Territory, this day:--

Resolved, That this House recommend to the favorable consideration of the government of the United States, the just claims of Dr. Elijah White, sub-Indian agent, to remuneration for the heavy expense by him incurred, in attempting to discover a southern pass through the Cascade Mountains.

M. M. MCCARVER, Speaker. Attest: J. E. LONG, Clerk.

* * * * *

WASHINGTON CITY, Dec. 9, 1845.

Hon. W. Medill:

DEAR SIR,--Allow me to say a word in behalf of my friend, Dr. Elijah White, Indian agent in Oregon, who desires to arrange at the department the accounts of his four years' service in that Territory. Dr. White, with whom I passed the winter of 1844 upon the Wallamet, has had unnumbered difficulties surrounding him, and has performed his duties with great delicacy and happy success. My conviction is, that he has performed services in Oregon, both to whites and Indians, equal to those of several agencies combined, on our western frontier, at a very inadequate compensation, and with very stinted means. All whom I heard comment upon the administration of his office have accorded to him great praise for ardor and industry; and those among whom he has officially acted will be gratified to hear that he has met a generous reception at the department.

Yours, with great respect,

WILLIAM GILPIN.

* * * * *

WAR DEPARTMENT, } OFFICE OF INDIAN AFFAIRS, Jan. 5, 1846. }

SIR,--The Secretary of War is desirous that you should return to your agency as early as practicable, and has authorized me to say that the Department will allow to you the sum of three hundred dollars ($300) to defray your expenses there.

Instructions in relation to your duties will be given you when you reach this city, or will be forwarded to you at such place as you may designate. An immediate reply will be expected.

Very respectfully, your obedient servant, W. MEDILL.

Dr. ELIJAH WHITE, Lansingville, Tompkins Co., N. Y.

Since the above requirement I have been detained here waiting the action of Congress upon the following bill, to release me from the responsibilities of my government protested drafts, which, from the rapid influx of white population to that distant Indian country, the necessities of my position have compelled me to incur.

I am now out of employment, and on heavy expenses, and under obligation, from important engagements, to leave for Oregon soon, in order to reach my destination this fall.

Should the following report of the Senate committee prove satisfactory, and all be persuaded that I have acted correctly, and expended no more than the honor of our government and the necessities of my position required, I will feel greatly obliged if Congress, "now so much relieved from heavy national and public affairs," will take up my bill and pass it through informally, as these protested drafts crowd and embarrass me much.

The Indian Department have reconsidered the case, and, as the report of the committee will show, done for me what they felt authorized to do; and I now most respectfully pray your honorable consideration to the payment of the residue, that I may go back to the land of my adoption unembarrassed, and happy in the consideration that our Congress will do right. And that any small presents, and other reasonable expenses to conciliate Indians where our citizens are settling on their unbought lands, will be cheerfully met.

Should any member desire an explanation, please drop me a note, and I will call at the moment required. Only pray act, and let me be off; for I thirst to be on the prairies of the far west, making my way to the valley of the Wallamet.

* * * * *

The documents from the Legislature of Oregon arrived and defeated the doctor.

The following extract is from the report of the Senate Committee on Indian Affairs on the petition of Dr. White:--

"Your committee finds this first charge to be the amount actually and necessarily expended by the petitioner, and believes it to be moderate and equitable, and that it ought to be allowed.

"The second charge appears equally just, and to have been made in compliance with the instructions of T. Hartley Crawford, superintendent of Indian affairs, of February 9, 1842, and enforced by the resolution of the Oregon Legislature, expressing the hope that Congress will reimburse the expenses of the petitioner thereby incurred.

"The third charge is for moneys actually paid under the specified heads by the petitioner, and for which drafts are now under protest, being disallowed by the department. These accounts, your committee finds, have been suspended by the department under a decision made to restrict the petitioner to the amount allowed by law to sub-agents, viz., $1,250 per annum in all. Your committee believes that these amounts are equitably and justly asked, and should be granted by Congress, although the committee approves of the decision of the department, and thinks, in cases like the present, that such extra allowances should be made only by Congress.

"Your committee has had a variety of testimony before it, showing that the affairs of his position have compelled the petitioner to transact and regulate Indian relations among ten large tribes, and many more smaller ones, speaking different languages, and for the most part warlike, excitable, and suspicious people. The Indian population, among whom he has been the only official organ, amounts to twenty-five thousand souls. The petitioner has been left to support himself by his solitary energies and exertions, without the aid of troops, annuities, or the awe which the power of the government exercises over Indians to whom it is known. The prices of all articles (especially provisions), and the wages of interpreters and assistants, and the means of traveling and transportation are very high, and difficult to be procured.

"Your committee believes that the petitioner would be left without any compensation for four years of arduous, harassing, and vexatious services, unless the relief for which he prays be extended to him by Congress.

"The committee, therefore, reports the accompanying bill, and recommends its passage, as sanctioned by the equity and justice of the case, and according with the uniform policy and practice of the Congress of the United States in similar cases."

We wish to state that the reason for quoting Dr. White's report so extensively is from the facts embodied in it, wholly independent of his self-lauding statement. Did we not know that Mr. Cornelius Rogers and Mr. H. A. G. Lee were his advisers and interpreters, we would not quote him as at all reliable in any of his Indian councils or proceedings.

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Chapter LI

1845.--Public meetings to elect delegates to convention.--Candidates for governor.--Members elected to the Legislative Committee.--Oath of office.--Mr. Applegate's announcement.--Dr. McLaughlin's amphibiousness.--Description of the members of the Legislative Committee.--Business of the session.--Ermatinger's election contested.--Mr. Garrison's resolutions.--Anti-slavery resolution.--Organic law revised.--Improvements and condition of the country.

1845.--Public meetings had been held in most of the districts, and nominations made for the Legislative Committee. Delegates were elected to meet at Champoeg in convention, to nominate candidates for governor, supreme judge, and Territorial recorder.

In this convention A. L. Lovejoy, George Abernethy, O. Russell, and Dr. Bailey were candidates for governor. After several ballotings, Mr. Lovejoy received a majority of the votes, and was declared the regularly nominated candidate. Mr. Russell's friends were dissatisfied, and in the final vote at the June election, joined with Mr. Abernethy's friends and elected him, although he was absent from the country. This left the old Executive Committee in power until after the meeting of the Legislative Committee, and revision of the organic laws, which was the first business the committee attended to, and submitted the amended organic compact to the people for their approval.

The members elected were:--

From Clackamas County: H. A. G. Lee, W. H. Gray, H. Straight.

From Champoeg County: R. Newell, J. M. Garrison, M. G. Foisy, and B. Lee.

From Yamhill County: Jesse Applegate and A. Hendricks.

From Tualatin County: M. M. McCarver, J. W. Smith, and David Hill.

From Clatsop County: John McClure.

The oath administered to this Legislative Committee shows the feelings of the mover (Mr. Applegate) toward the Hudson's Bay Company.

OATH OF OFFICE.--"I do solemnly swear that I will support the organic laws of the provisional government of Oregon, so far as the said organic laws are consistent with my duties as a citizen of the United States, or a subject of Great Britain, and faithfully demean myself in office. So help me God."

In starting from Missouri to come to this country in 1843, Mr. Applegate announced to his traveling companions, as we have been credibly informed, that he meant to drive the Hudson's Bay Company from the country. To reach the country independent of them, he had sold or mortgaged his cattle to get supplies at Wallawalla. On arriving at Vancouver, he found Dr. McLaughlin to be much of a gentleman, and disposed to aid him in every way he could. The doctor advised him to keep his cattle and gave him employment as a surveyor, and credit for all he required. This kind treatment closed Mr. Applegate's open statements of opposition to the company, and secured his friendship and his influence to keep his Missouri friends from doing violence to them. He carried this kind feeling for them into the Legislative Committee.

At this point the amphibious disposition of Dr. McLaughlin (a term applied to the doctor, by a member of the company, for his supposed friendship to the American cause) began to develop itself; and in proportion as he favored American interests he fell in the estimation of the company and the English government.

The oath of office presented by Mr. Applegate, and supported by Messrs. Newell, Foisy, McCarver, Garrison, Smith, and Hendricks, shows that these men were favorable to a union with the company or the English party in the country. This would have been right and honorable, had there been a corresponding honorable confidence on their part; but, as the sequel will show, this was not the case. They were willing to favor our organization and give it a quasi support while it served their purposes and afforded them an opportunity to work for its final overthrow.

As a citizen, Mr. Applegate has been one of our best; as a politician, he has acted on the old Whig platform, that, with him, has never been revised. Though half the American continent has been changed since he adopted it, yet his political creed is the same as that announced by Hamilton in the Federalist. My first impression of him was, that he was better versed in the principles of that party than in those of religion, or the general interests of a new country. The fact that the Hudson's Bay Company, or rather Dr. McLaughlin, early secured his personal friendship, was the cause of his losing caste among his Missouri friends, and also among the larger portion of the settlers that the company were not disposed to favor. In his legislative capacity he was invaluable. His mind was clear and distinct, and he was generally correct in his conclusions. Though not a good debater, yet his mathematical calculations, and straight lines, always came close to the mark. He was kind and obliging to a friend or favorite, but severe on his enemies.

Mr. Abijah Hendricks, from the same county, was a plain farmer, who followed the lead of Mr. Applegate, causing him to always count two in any vote.

Mr. J. H. Smith, of Tualatin County, was also a plain farmer, and generally voted with Mr. Hill.

Mr. M. G. Foisy, from Champoeg, a Frenchman, followed the lead of Mr. Newell.

Mr. Barton Lee was of the independent Democratic pro-slavery school, generally voting against mission interests, from personal prejudice, and was equally ignorant of and prejudiced against the Hudson's Bay Company; following the lead of H. A. G. Lee.

J. M. Garrison was a perfect weathercock, and none could tell from his speeches or actions what his vote would be.

H. Straight, of Clackamas County, was a man of strong prejudices and but little legislative ability, pro-slavery in sentiment, and strongly opposed to the company and mission influences. He generally voted with Mr. Hill, of Tualatin District.

John McClure, of Clatsop County, a man of fine appearance and generally respected for his age, but, as a politician, having no influence--merely occupying a place. He was of the pro-slavery school--extremely bitter and sarcastic in his conversation against all who fell under his displeasure, yet liberal to personal friends, and kind to strangers; but severe alike on the Hudson's Bay Company and religious societies. He was inclined in his own religious ideas to Romanism.

H. A. G. Lee was a young man of talent, firmness, and unimpeachable character. He acted with caution, and generally right. He was not a verbose, but a conclusive debater. In short, the words of a debate were uttered by McCarver, and the conclusions and final action followed Lee, who was always ready, with Applegate and Gray, to do his full share of writing and labor.

As we have before stated, the first business of this Legislative Committee was, to revise and prepare an organic law, which could be submitted for the adoption of the people. The whole number of voters was about eight hundred.

While this was being done by a special committee consisting of H. A. G. Lee, Newell, Applegate, Smith, and McClure,--one from each county represented,--another special committee, consisting of Gray, Applegate, H. A. G. Lee, McClure, and D. Hill, were appointed to draft a memorial and petition, to be forwarded to the Congress of the United States, setting forth the condition, situation, relations, and wants of this country. These two objects occupied the greater portion of the time of this Legislative Committee, during their session of eleven days.

On the third day of the session, the question as to the legality of allowing Francis Ermatinger to hold the office of treasurer came up, and it was finally decided that there were not sufficient grounds for contesting the election. Ermatinger was then a member of the Hudson's Bay Company, and so was Dr. McLaughlin. Hill and Straight were the only two who voted against Ermatinger's holding that office. I have no doubt, from the feeling and influence just then operating among the officers and servants of the company and English colonists (which subsequent events have proved), that they were laboring to divide the American influence, by coming in and appearing to act with us. Ermatinger was popular among the Americans, and received the entire French vote, and was declared duly elected by the Legislative Committee.

On the fifth day of the session, J. M. Garrison (I think he was called Rev. in those days) brought in a set of resolutions which speak for themselves.

"On motion of Mr. Garrison--

"Resolved, That whereas the people of Oregon, assembled en masse, did, on the 2d day of May, 1843, resolve that no tax should be levied upon this people, confirming the same by the adoption of the report of the committee of ways and means, adopted by the Legislative Committee and referred to the people en masse, and by them enacted on the 5th day of July, 1843; therefore,

"Resolved, That this house has no right to levy a tax of any kind, without the consent of the free voters of this Territory previously obtained.

"Resolved, That all acts and parts of acts on that subject passed by the Legislative Committee were contrary to the express resolution and action of the people."

These resolutions were referred to committee of the whole, where they found a silent grave.

Dr. White by this time is coming up for a big splurge. Our young friend H. A. G. Lee proposes to make him the bearer of our memorial to Congress, by introducing a resolution, "That the clerk be required to furnish to Dr. E. White a copy of the memorial to Congress, as soon as it shall be properly signed, as per resolution of yesterday."

This resolution elicited a little discussion, and a statement that Dr. White was not to be trusted with any public document to the government, as he would more than probably change, or so arrange those documents as to secure his own personal ends, whatever they might be. By those unacquainted with Dr. White this was considered strange and unreasonable prejudice against him; so that on the final question there were but Gray, Hill, and Straight who voted against placing the documents in his hands.

On the last day of this session Mr. Applegate introduced a test question on the subject of slavery, precisely the same as that introduced by Garrison four days previous.

"Resolved, That this government can recognize the right of one person to the services of another only upon bona-fide contract made and entered into, and equally binding on both parties."

Yeas--Applegate, Gray, Smith, McCarver, Garrison, Hill, H. A. G. Lee, Hendricks, and Foisy--10.

Nays--Straight, B. Lee, and McClure--3.

We must now adjourn our Legislative Committee a few days, and see what is going on outside.

The organic laws of the people first adopted at Champoeg, July 5, 1843, had been revised, and unanimously adopted by the Legislative Committee, and submitted for the vote of the people, July 26, 1845.

On page 431 of Mr. Hines' book, he says: "In the spring of 1844 a new Legislative Committee was elected, which embraced two or three lawyers, who arrived in the country the previous fall. This committee passed a vote recommending several important alterations in the organic laws, which were found to be, in their practical operations, somewhat defective. As the people had not yet surrendered their law-making power into the hands of the Legislative Committee, it was necessary to call an election to ascertain the will of the people in relation to the proposed alterations and amendments. This election took place, and resulted in the adoption of the organic laws, with the proposed alterations and amendments, by an overwhelming majority. The principal alterations thus effected relate to the three powers of government,--the legislative, executive, and judicial. Instead of a committee of nine, whose acts were to be confirmed or rejected by a subsequent vote of the people, the legislative power was vested in a House of Representatives, to consist of not less than thirteen nor more than sixty-one members, possessing all the powers usual to such bodies. Instead of a committee of three, the executive power was vested in one person, to be elected by the qualified voters at the annual election, and possessing the powers common to the governors of the different States."

We are unable to understand Mr. Hines when he says, "As the people had not yet surrendered their law-making power into the hands of the Legislative Committee, it was necessary to call an election to ascertain the will of the people." This statement shows the ignorance of Mr. Hines as regards the organic laws adopted by the people of Champoeg. Mr. Saxton, who was in the country at the time, and took copies of those laws attested by Mr. Le Breton (which have already been given), found an organic law with an executive, legislative, and judicial department, the same as the committee of 1845, and all that was requisite was to revise, select out, and define the powers and duties of the several departments.

As a matter of policy, and to harmonize and consolidate, as much as was possible, all the conflicting interests and influences in the country, the presence of British subjects was admitted, their treaty rights were acknowledged by our laws, and they were admitted to a voice and representation in the provisional government.

The liberal course pursued by the Legislature of 1845 has fixed the deep stain of ingratitude and infamy upon the British subjects who participated in our organization, and received its benefits and protection, till they had completed their arrangements for its destruction, just as slavery grew under the fostering care of a liberal and generous government, and then attempted to crush and destroy its protector.

From a review of Mr. Hines' book, I find that he was on a tour from Oregon to New York by way of China, during 1845 and 1846. This will account for his want of information regarding the political events that were taking place during that time; and also shows the views he entertained on leaving the country.

Dr. McLaughlin had completed his saw-mill and flour-mill at Oregon City. The Milling Company had also put up mills at that place which were now in successful operation, and the country generally was in a prosperous condition.

Dr. Whitman had much annoyance and difficulty with the Indians on account of interference and tales told them by old Toupin, Doreo, Gervais, the priests, and others who were jealous of his labors and success among them.

He had purchased the Dalles station of the Methodist Mission, and engaged Mr. Hinman to occupy it until other arrangements could be made.

Mr. Spalding was engaged in improving his farm, also printing books in the Nez Perce language on his small press, and translating and printing portions of the Bible, for the use of the natives. He had a saw-mill and grist-mill at his station; and about three hundred of his Indians, and one hundred at Dr. Whitman's, were cultivating patches of ground.

Messrs. Walker and Eells were staying at Cimakain, ready to depart any time, as stated by Mr. Brouillet. On page 9 of his narrative, he says: "A missionary of the Spokans, writing to Dr. Whitman, as early as 1839, has said: 'The failure of this mission is so strongly impressed upon my mind, that I feel it necessary to have cane in hand, and as much as one shoe on, ready for a move. I see nothing but the power of God that can save us.'" Query.--Where did Rev. Vicar-General Brouillet get this letter, and for what purpose did he preserve it? Did he find it among Dr. Whitman's papers, when he was hunting them over to find the vial of poison to show the Indians as per deposition in the case?

Brouillet continues: "These facts and statements prove clearly, I think, that there existed among the Indians, long before the arrival of the bishop of Wallawalla and his clergy, strong causes of dissatisfaction against the Protestant missionaries and the Americans in general, and that they formed a leaven that had been fermenting several years." This statement of Vicar-General Brouillet is unquestionably true, but, unfortunately for him, he is standing on the outer line of the circle, and has no personal knowledge of inside influences; hence he reasons from effect and guesses at the cause. He is anxious to so arrange cause and effect, as to remove suspicion of crime from a sect, and thereby involves his friends and himself, and furnishes the strongest proof of the complicity and guilt of both in the crime alleged against them. The "leaven" that had been fermenting is just what we are bringing to light.

The Hudson's Bay Company were repairing and strengthening their forts, under the plea that they wished some bastions from which they could salute her Majesty's ships on their arrival and departure from the river; at the same time they were laboring to secure political influence in the settlements, through their American dupes and tools.

While combining the Indian tribes, they were encouraging Jesuitical religious teachers among them; and while preparing for self-defense, they were dividing the settlement into parties and factions.

The Methodist Mission influence was but little, and mission credit was worse than greenbacks in 1864. As to commerce, it was nearly or quite under the control of the Hudson's Bay Company, also the market value of all produce in the country.

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Chapter LII

1845.--Second session of the Legislative Committee.--Mr. McCarver removed from the office of Speaker.--Mr. Applegate's resolutions.--Protest of Gray, Foisy, and Straight.--A legislative incident.--Law against dueling.--Dr. White addresses the Legislature.--Resolutions.--Dr. White denies the right of the settlers to organize a provisional government.--McCarver signs documents without authority.--Resolutions by the house on the subject.--Impertinent letter from Dr. White to the house.--White cornered by President Polk.--Incidents in White's temperance movements.--Proposition to repeal all laws for the collection of debts.--The Currency act.--Adjournment of the Legislature in August.--Meets again in December.--Proposal to locate the capital.

The Legislative Committee, at their second session, August 5, 1845, met under the revised and amended organic law, which had been previously adopted by the people by a majority of two hundred and three. There were between two and three hundred votes against the revision or amendments. Many voted against it, on account of its allowing the Hudson's Bay Company's English and French followers an equal voice with the Americans and others, and on account of its allowing the Legislature the power to regulate the introduction, manufacture, and sale of liquors.

McCarver claimed that he was Speaker of the house, under the organic law as revised. This caused some discussion and voting and the introduction of a resolution requesting him to resign his position as Speaker, which he declined to do. Gray moved that the vote electing him Speaker of the house be reconsidered. McCarver then proceeded to organize the house, to suit his views of matters, by appointing new committees, and went forward as if no previous committees had been appointed. When his appointments were all made, Gray inquired if, in the opinion of Mr. Speaker McCarver, the house was properly organized. He replied that it was. Gray then appealed to the house, and was sustained, McCarver having denied his own position by appointing new committees. On motion of Mr. Straight, Mr. McCarver was removed from his office as Speaker, and Robert Newell elected pro tem.

Applegate, for reasons never fully explained, introduced two resolutions, which show either a short-sighted view of matters, or a foolish policy on his part, to wit:--

"Resolved, That the people of Oregon are not, in the opinion of this house, morally or legally bound by any acts of the officers or agents of the people not expressly authorized or sanctioned by the instrument in virtue of which they had their official existence.

"Resolved, further, That this house can not assume, in behalf of the people, the payment of any debt, or the refunding of any funds borrowed, or otherwise unlawfully contracted or obtained, without first obtaining the consent of the people."

On motion, the vote referring said resolution to committee of the whole was reconsidered, when the rules were suspended, the resolution read a second time, and referred to committee of the whole.

On the fifth day of the session, the resolutions of Mr. Applegate were called up, and Messrs. Applegate, Garrison, Hendricks, Hill, H. Lee, B. Lee, McClure, and Smith voted for, and Foisy, Gray, Straight, and McCarver against. Newell asked to be excused. These resolutions had the effect, designed or not, to destroy the credit of the provisional government.

On the sixth day of the session, Gray, Foisy, and Straight presented, and, on motion, were allowed to enter, their protest against their adoption, as follows:--

"Whereas, A resolution, with a preamble, containing a direct and positive censure upon the proceedings of the Oregon government, was introduced into this house by Jesse Applegate, asserting that this house, and the people of Oregon, are not morally or legally bound for any act of said government, to the payment of any debts contracted, or unlawfully borrowed, except they had previously obtained the consent of the people.

"And whereas, From the wording of said resolution, two constructions may be placed upon it; the one amounting to a repudiation of all debts heretofore contracted, or money borrowed; the other implying a want of confidence in the agents and officers of this government; therefore,

"We, the undersigned, decidedly and solemnly protest against the adoption of any such resolutions or expressions by this house, as they not only do no good, but tend to great evil, in destroying the confidence of the people in the agents and officers of this government, without sufficient cause.

"W. H. GRAY. "M. G. FOISY. "H. STRAIGHT. "OREGON CITY, Aug. 7, 1845."

The effect of these resolutions was at once manifest. Measures were taken to procure the launch of the Peacock (which had been left in the care of Dr. McLaughlin by Captain Wilkes), for a pilot-boat at the mouth of the Columbia. The doctor informed the committee that he was not authorized to give it in charge of any irresponsible parties, without an order from as high authority as that from which he had received it. Hence the launch was allowed to rot upon the beach at Astoria; Mr. McClure, from that place, being one who voted to repudiate responsibility on the part of the provisional government.

On the 11th of August, in the midst of business under the order of the day, Mr. Applegate came in, apparently under considerable excitement, and in quite an earnest manner asked that the rule be suspended, to allow him to present a bill to prevent dueling. No immediate or pressing reason was assigned, but from the earnest manner of Mr. Applegate, and from what a number of the members knew, or pretended to know, the rule was suspended, Mr. Applegate's bill to prevent dueling read first time; rule further suspended, his bill read by title second and third time and passed, and on his further motion, a special messenger, P. G. Stewart, Esq., was sent with it to the governor, for his approval and signature; and in half an hour's time from its introduction and reading in the house it became a law in this vast country, bounded by the Russian possessions on the north, the Rocky Mountains on the east, California on the south, and the Pacific on the west.

Not long after this telegraphic law on dueling was passed, it was discovered that a young man by the name of Holderness had considered himself insulted and slandered by some report said to have originated with Dr. White. Holderness was about to send him a challenge, or at least there was a prospect that they might fight, if either of them had the courage to do so. This law gave the doctor an honorable excuse to decline the challenge, and have Holderness indicted and punished for sending it. This matter was engineered through so handsomely by Mr. Applegate, that Dr. White expressed himself highly gratified and pleased.

On the next day, the 12th, Mr. Applegate was honored with an important dispatch from Dr. White, which he presented in due form, together with a resolution of thanks to Dr. White, and an order was entered on the journal to have the doctor's communication filed for publication. This was not exactly what the doctor wanted, as the sequel will show. He had found that Applegate had the talent and influence requisite to carry through the resolutions necessary to accomplish his purposes.

He, having spent a part of the summer in running about the Wallamet Valley, made a trip over to the coast, and one into the Cascade Mountains; wrote a journal of these trips, and presented it to the house through Mr. Applegate. After White's journal was read, Applegate presented a resolution, that the thanks of this house are due to Dr. E. White and his party for their meritorious exertions to find a passage through the Cascade Mountains, and that his account be filed for publication. On motion, White was allowed to address the house, which he did in his usual self-lauding, plausible manner, insinuating the great labor and benefit he had done, in keeping the Indians quiet and in exploring the country. His chaff and bombast secured the co-operation of Robert Newell and Mr. Applegate. On the 14th, Mr. Applegate informed the house that he had in his possession several official documents, belonging to Dr. E. White, which he was requested to lay before the house. The report and documents were received.

On motion of Mr. Applegate--

"Resolved, That, whereas the adoption of the amended organic law by the people of Oregon was an act of necessity rather than choice, and was intended to give to the people the protection which, of right, should be extended to them by their government, and not as an act of defiance or disregard of the authority or laws of the United States; therefore,

"It is further resolved, 1st. That, in the opinion of this house, the Congress of the United States, in establishing a Territorial government, should legalize the acts of the people in this country, so far as they are in accordance with the Constitution of the United States. 2d. That Dr. Elijah White, sub-Indian agent of Oregon, be requested to furnish a copy of the amended organic law to the Congress of the United States. 3d. That these resolutions be indorsed on said copy, with the vote of this house adopting the same."

On the adoption of the above, the vote was unanimous, which vote was taken by yeas and nays; and, on motion, the house decided that the members should not sign their names to said resolutions.

It will be seen by the statement of Applegate in the first part of this resolution, or preamble, that he wished to deny an attempt to resist the government of the United States on the part of the people and provisional government; and the fact that Dr. White had allowed him to examine his official papers, and present them to the Legislative Committee, shows the manner he was working with Applegate to get documents, resolutions, and papers from the Legislature into his hands; also the desperate effort there was made to get a unanimous vote favoring White as the bearer of those documents.

Dr. White had from the first denied the right of the settlers to organize a provisional government unless they would elect him as their governor. Applegate is caught in his trap, as we shall see, and from that day he began to lose his influence, and soon found that he had committed an egregious mistake, notwithstanding he had obtained a unanimous vote, to place those documents in Dr. White's hands. In order to head off McCarver, the house had voted that the members should not sign their names to the resolutions. McCarver could not withstand the temptation to get his name as Speaker of the Oregon Legislature before the Congress of the United States; so, as soon as the documents came into White's hands, he went to the clerk and attached his name as Speaker of the house. Newell was not quite satisfied, or rather Dr. White was not; so he got Newell to present a resolution, as follows:--

"Resolved, That this house recommend to the favorable consideration of the Congress of the United States the just claims of Dr. E. White, sub-Indian agent, for a remuneration for the heavy expenses by him incurred, in attempting to discover a southern passage through the Cascade Mountains."

In the afternoon session the resolution of Mr. Newell was called up, and, on its final passage, the yeas and nays were demanded, and were as follows:--

Yeas--Messrs. Applegate, Foisy, Hendricks, H. Lee, McClure, Newell, Straight, and the Speaker--8.

Nays--Messrs. Gray, Garrison, Hill, B. Lee, and Smith--5.

So the resolution was passed.

Dr. White waited for the passage of this resolution (keeping quiet as to McCarver's signing the others in violation of the order of the house), and as soon as it was safely in his pocket, left for Vancouver, on his way to the States.

White had no sooner gone, than it leaked out that McCarver had signed the documents, and White had broken the seals, and destroyed private letters intrusted to him to convey to the States, and had made Garrison his confidant respecting breaking open and destroying the letters. Here was a muss on hand such as none but White and McCarver could "kick up." Applegate was too much excited and insulted by these men to say any thing; but he presented through B. Lee a resolution as follows:--

"Resolved, That M. M. McCarver has been opposed to the organic law, as adopted by the people of Oregon; and, contrary to the voice of this house in regular session, clandestinely, and in a manner unworthy the confidence reposed in him, placed his name to a copy of those laws transmitted to the United States, thereby conveying a false impression; and did, also, sign his name to two resolutions, contrary to a direct vote of this house; therefore,

"It is further resolved, That we disapprove of the course he has pursued, and feel ourselves under the humiliating necessity of signifying the same to the United States government, by causing a copy of this resolution to accompany those documents."

Which was received, and referred to committee of the whole.

In the afternoon, Dr. J. E. Long, clerk of the house, A. L. Lovejoy, Smith, and Hill were called before the house, and put on oath, to state what they knew of the matter. Mr. Applegate was chairman. The committee rose and reported that they had been engaged in investigating the subject referred to in Mr. B. Lee's resolution, but had not adopted the resolution. McCarver had been allowed to explain his course.

On motion of Mr. Applegate--

"Resolved, That, whereas a copy of the organic laws of Oregon, together with some resolutions, intended to be sent to the United States, have not been attested and dispatched according to the directions of this house; therefore,

"Resolved, That the clerk dispatch for them a messenger, to Vancouver, with authority to bring said documents back, and that he deliver them to the secretary, and that the expenses incurred be paid by the members of this house who voted for the resolution."

On the adoption of which the yeas and nays were called, and were as follows:--

Yeas--Messrs. Applegate, Gray, B. Lee, McClure, and Newell--5.

Nays--Messrs. Hill, Smith, and Straight--3.

So the resolution was adopted. Messrs. Foisy, Garrison, Hendricks, and the Speaker were excused from voting.

On motion, the house went into committee of the whole, Mr. Applegate in the chair.

The committee rose, and reported, that the resolution of B. Lee having been under consideration, was laid upon the table.

It is but justice to state that the clerk of the house, J. E. Long, favored Dr. White's and Mr. McCarver's course, and allowed McCarver to sign the documents he well knew the house did not wish him to sign. A majority of the house were inclined to believe that White had been slandered; and had McCarver allowed the documents to go as per vote, White's designs, as stated by his opponents, would not have been revealed; so the messenger was sent for the documents on account of McCarver's course.

August 16, 1845.--The House met pursuant to adjournment.

The rules were suspended to allow the introduction of resolutions, when, on motion of Mr. McClure, it was

"Resolved, That, whereas the Speaker of this house has signed certain documents, ordered to be sent to the United States by a vote of this Legislature, from a mistaken sense of duty, and not from contumacy or contempt for this house; therefore,

"Resolved, That M. M. McCarver, said Speaker, have leave of absence, for the purpose of following Dr. E. White to Vancouver; and this house enjoins that said Speaker erase his name from said documents, to wit, the organic laws, and two resolutions in favor of Dr. E. White."

On motion of Mr. Applegate, it was

"Resolved, That it was not the intention of this house, in passing resolutions in favor of Dr. E. White, to recommend him to the government of the United States as a suitable person to fill any office in this Territory; and,

"Be it further resolved, That the clerk of this house forward, by some suitable person, an attested copy of this resolution, to the United States government."

The house appointed J. M. Garrison, Speaker, pro tem.

McCarver, being thus plainly invited, left the house, and found that the clerk's messenger had already gone for the documents. He returned in the afternoon and induced Mr. Smith, from Tualatin, to present the following resolution:--

"Resolved, That the vote requiring the Speaker to go in quest of Dr. E. White, for the purpose of erasing his name from certain documents in his possession to be by him conveyed to the United States, be reconsidered, and the Speaker restored to the chair."

On the 18th of August, the arrival of a letter from Dr. E. White was announced, which was read, as follows:--

August 17, 1845.

To the Hon., etc.:

GENTLEMEN,--Being on my way, and having but a moment to reflect, I have been at much of a loss which of your two resolutions most to respect, or which to obey; but at length have become satisfied that the first was taken most soberly, and, as it answers my purpose best, I pledge myself to adhere strictly to that. Sincerely wishing you good luck in legislating,

I am, dear sirs, very respectfully yours, E. WHITE.

On the 20th, on motion of Mr. Applegate, it was

"Resolved, That the secretary be requested to forward to the United States government, through the American consul at the Sandwich Islands, a copy of the articles of compact, as adopted by the people of Oregon Territory, on the last Saturday of July, A.D. 1845; and that the same be signed by the governor, and attested by the secretary; also, all resolutions adopted by this house relative to sending said documents by E. White, late Indian agent of this Territory; also, a copy of the letter of E. White, directed to this house."

These documents and papers, with depositions respecting White's opening and destroying private letters, were prepared, duly signed, and sent on to the Sandwich Islands by Captain Couch, of the Lausanne, and reached Washington just in time for President Polk to refuse White an important commission in New Mexico. The President, on receiving the documents and learning of White's course, asked an explanation, which he at first declined to give, on account of an attempt, as he alleged, of some low blackguards in Oregon to slander him. The legislative documents were referred to, when he found he was cornered, and left the President's house without his appointment.

Thus ended, for a time, the official course of a base and unprincipled man, who seemed only to live and move for selfish ends. His influence as a missionary, and as an officer of the government, were alike vile and unprincipled. He sought friends and partisans only to deceive and betray them. Applegate, McCarver, Garrison, Lee, McClure, and Newell were compelled to acknowledge his deception. In fact, no one but the Hudson's Bay Company could make any use of him, and with them he was considered an irresponsible man, and only useful as a tool to combine the Indians, and divide and destroy the influence of the settlement, as he had done that of the Methodist Mission.

The history of Dr. White, as connected with Pacific City and Spiritualism, and his secret agency under President Lincoln's administration, are of small moment when compared with the moral blight he fixed on the cause of missions and religion, in his early relations in Oregon. All who have ever attempted to associate with him, or assist him, have been made to feel his immoral influence. He made great professions of sustaining the temperance cause, while acting as Indian agent, and still allowed the Hudson's Bay Company to do as they pleased with their liquors, without a single word of complaint or remonstrance to the American government, while he pursued a high-handed and injudicious course toward the American citizen in his efforts to prevent the introduction or manufacture of liquors in the country. In his zeal, he hoarded a vessel of which Captain J. H. Couch was master, and asserted his right to search and seize all the liquors he had on board. Captain Couch, knowing his rights and duties better than the Indian agent did his, ordered his men to get ready a couple of swivels he had on board, ranging them fore and aft along the vessel. He then said to Mr. Indian Agent. "If you are able to take my ship, you can search and seize her, and not otherwise." The doctor found he was dealing with the wrong person, and left, to visit Mrs. Cooper, who had recently arrived in the country from Sydney, New South Wales, with a supply of liquors. He succeeded in getting a dram from "Old Mother Cooper," as she was called, and inquired if she had any more like it. The old woman had by this time a suspicion of his object, and informed him that, if she had, he could have no more.

Soon after, he learned that Dick McCary had put up a teapot distillery somewhere near his own house. He then got a party of men and went down and destroyed the whole concern, except the kettle, which answered for a bell, upon which he beat and drummed on his way back to Oregon City, and then took an adz and stove a hole in it, thus destroying it. If this had been done on the ground, no exceptions would have been taken to it; but White's proceedings disgusted the friends of temperance so much, that a few days after, when Newell presented a communication from him to the Legislature, with a bill to prevent the sale of liquor, it was defeated--5 for and 8 against.

The governor, having confidence in the morality and honesty of the people, suggested in his message the repeal of all laws for the collection of debts. He seemed to be of the opinion, that as they had lived and prospered under the mission and Hudson's Bay Company's rule without any such laws, the same rule would apply to a more numerous and civilized community. He was sustained in his opinion by Applegate, Hendricks, H. Lee, B. Lee, and Newell--5; Foisy, Gray, Garrison, Hill, McCarver, McClure, Straight, and Smith--8, were of a different opinion.

This vote seemed to annoy Applegate, as he had taken an active part in shaping the governor's suggestions into a bill to prevent litigation, and he seemed to insist upon the experiment being tried in a more extensive manner in the government of Oregon. It is due to this legislative body and to the governor to state, that none of them had ever had any experience in law-making until they found themselves in a country where there were no laws, and where the representatives were without law-books (with the single exception of a copy of the statutes of Iowa) to guide them. They had to originate, revise, and do as the majority thought best, in all the laws presented. That they were adapted to the time and the people then in the country there can be no question. This shows the innate love of law and order in the American people, as also a disposition to abide by and sustain right principles, though not immediately in the presence of prisons and punishment.

Had there been no foreign influences in the country, it would, perhaps, have been safe to risk the governor's suggestion, and Applegate's experiment. I arrive at this conclusion from my experience in four times crossing the continent, and in visiting the early mining regions of California, British Columbia, and Oregon. In all American caravans and mines, the company and miners make their own laws. In British mines, the government makes the laws, and the revenue officers enforce them. So with the Hudson's Bay Company and Roman missions: the committee in London, and the pope in Rome, give their subjects certain laws by which to be governed; and whenever those laws come in conflict with the more liberal American idea of government, there is opposition; for the disposition to oppress and the desire to be free can never harmonize. With the one is organized wealth and superstition, backed by irons, flogging, and ignorance. With the other is liberty and the love of right, sustained by intelligence, honesty, and virtue. No one acquainted with the early history of the people of Oregon can fail to admire their virtue and stability, and the firmness they displayed in maintaining their natural rights. We have already explained the secret influences that were combined to hold them in a state of half-savage and half-religious or ecclesiastical vassalage, till some action should be taken by the United States government.

This state of things did not accord with the feelings of a great majority of the people. They had ruled their own individual actions too long to submit quietly to any religious or political power, in which they had no voice. Hence they were ready for any mutual organization, that was of their own choice and creation.

They adopted a system of currency suitable to the time and country. This system became necessary, from the known disposition of the Hudson's Bay Company to oppress and force payment, in what did not then exist in sufficient quantity to meet the wants of the settlement; besides, they held the commercial power; and here again protection was required. The two petitions to the Congress of the United States of 1840 and 1842 state their policy as to internal matters. The first section of this currency law is:--

"Be it enacted by the House of Representatives of Oregon Territory: 1st. That, in addition to gold and silver, treasury drafts, approved orders on solvent merchants, and good merchantable wheat at the market price, delivered at such place as it is customary for people to receive their wheat at, shall be a lawful tender for the payment of taxes and judgments rendered in the courts of Oregon Territory, and for the payment of all debts contracted in Oregon Territory, where no special contracts have been made to the contrary.

"2d. The personal estate of every individual, company, body politic or corporate, including his, her, or their goods or chattels, also town or city property, or improvements claimed and owned in virtue of occupancy, secured and allowed by the treaty between Great Britain and the United States, shall be subject to execution, to be taken and sold according to the provisions of this act; excepting, that wearing-apparel shall not be considered as any part of the estate of any defendant or defendants in execution; and no land claim or improvement upon a land claim, held according to the laws of this Territory, shall be subject to execution; and no stay upon execution shall be permitted or allowed, except by the consent of the party in whose favor the execution has been issued, nor for any time other than the time agreed upon by the parties.

"3d. Specifies that personal property shall be sold previous to town lots.

"4th. Exempts (if a family) one Bible, one cow and calf, one horse, or yoke of cattle, five sheep, five hogs, household and kitchen furniture not to exceed in value thirty dollars, one stove fixed up in the house, one bed for every two in the family, farming utensils not to exceed in value fifty dollars, one month's provisions for all the family, all mechanics' necessary tools, and all the books of private libraries not to exceed one hundred dollars' worth."

Who says we were not willing to give a poor family a good show to start with in Oregon in 1845?

"5th. Fifteen days' notice of any sale was to be given.

"6th. No property was to be sold for less than two-thirds its appraised value."

On the second section of this act, there was a long and animated discussion, Newell and Garrison claiming that we had no right to subject the property of the Hudson's Bay Company, and the Methodist and other missions, to our laws; McCarver and Hill, that we ought to exempt town sites and lots from execution. On its final passage, the vote was Applegate, Foisy, Gray, Hendricks, McClure, Smith, Straight, and H. Lee--8, for; Garrison, Hill, B. Lee, Newell, and McCarver--5, against.

This body adjourned sine die on the 20th of August, 1845, and in consequence of there being no provision made for a new election in the amended organic compact, they were again called to meet on Tuesday, December 2, 1845, in accordance with the organic law, to arrange and fill up any deficiencies in the offices and laws.

Applegate had resigned. There were present, Foisy, Garrison, Newell, and Barton Lee from Champoeg; Gray and Straight from Clackamas; Hill and McCarver from Tualatin; and McClure from Clatsop.

There were absent, from Yamhill, Hendricks; from Tualatin, J. M. Smith; and from Clackamas, H. A. G. Lee.

Newell, of Champoeg, was elected on the final vote as Speaker; Dr. J. E. Long, clerk.

Jefferson's Manual, which had for the first time strayed across the Rocky Mountains, was presented to the house, and used to govern its proceedings, so far as it was applicable. I think it must have come into the Multnomah Circulating Library, in part payment for a share in that institution. Gray moved its adoption to govern the proceedings of the house, which was considered organized by the election of Speaker, clerk, and sergeant-at-arms.

On the second day all the members were present except Applegate. The governor was called upon to issue his warrant to fill the vacancy, which he did. I think, however, that no election was held, as no representative appeared to claim the seat.

An effort was made to locate the seat of government, but failed, on account of Dr. McLaughlin not having put in his bid in time to have it considered by the house; and a remonstrance was got up by Ermatinger and the Hudson's Bay Company's influence, with sixty names attached, against locating it at all.

This was in accordance with the short-sighted policy of Dr. McLaughlin, aided by the influence secured over the people by such men as Ermatinger, Long, Newell, and McCarver, who had become a resident of Clackamas, while he represented Tualatin County.

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

Chapter LIII

The liquor law.--Amended act of 1845.--Message of the governor on the same.--Repeal of the prohibitory and passage of the license law.--Letter of James Douglas.--Reply of Mr. Samuel Parker.--Dr. Tolmie's resolution on the judiciary.--The governor's veto of the license law.--Immigration for Oregon and California in 1846.--Arrival of the brig Henry.--The Oregon Printing Association.--The Spectator, the first newspaper in Oregon.--W. G. T. Vault, first editor.--H. A. G. Lee, second editor.--G. L. Curry, third editor.--Judge Wait, fourth editor.

The Liquor Law.--Peter H. Burnett framed a law on this subject, which was revised by Newell in the summer of 1845, and lost on the final vote. In December, 1845, Gray, from committee on ways and means, reported a bill on ardent spirits, expressing the views, and gaining the approval of a decided majority of the people. Governor Abernethy, in his annual message the next year, expressed an opinion that this law required some amendment, but, by combining the whole liquor influence in the country, the law was repealed, and a license law substituted, by a two-thirds vote over his veto; while, at the same time, nearly two-thirds of the voters of the Territory voted to prohibit the sale of liquor, instead of to regulate it, as expressed in the organic law.

The law, as reported by the committee of ways and means, was passed December 6, 1845, by the following vote: Gray, Garrison, Hendricks, H. Lee, B. Lee, McClure, and McCarver--7, for; Foisy, Hill, Straight, and Newell--4, against.

On the 8th, the Monday following this vote (Hendricks and Barton Lee having been treated and tampered with), on motion of B. Lee--

"Resolved, That the house now reconsider the vote on the final passage of the bill on ardent spirits."

Yeas--Hendricks, Hill, B. Lee, Smith, Straight, and Newell--6.

Nays--Foisy, Gray, Garrison, H. Lee, McCarver, and McClure--6.

So the motion to reconsider was lost, and the bill published in the first newspaper ever published on this coast, as provided for in the bill itself, which is as follows:--

Amended Act of 1845.

SECTION 2. That if any person shall hereafter sell, barter, give, or trade any ardent spirits of any kind whatever, directly or indirectly, to any person within the Territory of Oregon, he shall forfeit and pay the sum of twenty dollars for each and every such sale, trade, barter, or gift, to be recovered by indictment in the County Court, or before a justice of the peace, without the form of pleading.

SEC. 3. That if any person shall hereafter establish or carry on any manufactory or distillery of ardent spirits in Oregon, he shall be subject to indictment before the County Court, as for a nuisance, and if convicted, he shall be fined the sum of one hundred dollars, and the court shall issue an order to the sheriff, directing him to seize and destroy the distilling apparatus, which order the sheriff shall execute.

SEC. 4. Whenever it shall come to the knowledge of any officer of this government, or any private citizen, that any kind of spirituous liquors are being distilled or manufactured in Oregon, they are hereby authorized and required to proceed to the place where such illicit manufacture is known to exist, and seize the distilling apparatus, and deliver the same to the nearest district judge or justice of the peace, whose duty it shall be immediately to issue his warrant and cause the house and premises of the person against whom such warrant shall be issued to be further searched, and in case any kind of spirituous liquors are found in or about said premises, or any implements or apparatus that have the appearance of having been used, or constructed for the purpose of manufacturing any kind of spirituous liquors, the officer who shall have been duly authorized to execute such warrant shall seize all such apparatus, implements, and spirituous liquors, and deliver the same to the judge or justice of the peace who issued the said warrant. Said officer shall also arrest the person or persons in or about whose premises such apparatus, implements, or spirituous liquors are found, and conduct him or them to said judge or justice of the peace, whose duty it shall be to proceed against such criminal or criminals, and dispose of the articles seized according to law.

SEC. 5. All the fines or penalties recovered under this act shall go, one-half to the informant and witnesses, and the other half to the officers engaged in arresting and trying the criminal or criminals, and it shall be the duty of all officers into whose hands such fines and penalties may come, to pay over as directed in this section.

SEC. 6. This act shall not be so construed as to prevent any practicing physician from selling such liquors for medicines, not to exceed half a pint at one time.

SEC. 7. That it shall be the duty of the secretary to publish this act in the first newspaper published in Oregon.

I, John E. Long, secretary of Oregon, do hereby certify that the foregoing act on ardent spirits is truly and correctly revised by me.

JOHN E. LONG, Secretary.

It will be seen in the final vote, that Foisy at first voted against this bill; but Hendricks and B. Lee changed their vote and Foisy changed his; thus the liquor law remained as it was, and was published February 5, 1846, and remained in force till Saturday, December 19, 1846. On December 4 of that year, the governor called the attention of the Legislature to this law, in the following language:--

"The act passed at the last session of the Legislature, entitled 'An Act to prevent the introduction, sale, and distillation of ardent spirits in Oregon,' is one I should recommend for revision; there are several points that are thought to be defective. The organic law provides that the Legislature shall have power to pass laws to regulate the introduction, manufacture, or sale of ardent spirits. It is held that the power to prohibit the introduction, manufacture, or sale is not granted by the organic law. Another objection is that the fines collected under the act shall go, one-half to the informant and witnesses, and the other half to the officers engaged in arresting and trying: in fact, making the witnesses and judges interested in the case. The fourth section makes it the duty of any officer, or any private citizen, to act whenever it shall come to their knowledge that any kind of spirituous liquors are being distilled or manufactured in Oregon. It would be much better if it were made the duty of the sheriff of each county to act, whenever he should be informed that any liquor was being made or sold in his county, and authorize him to raise a sufficient posse to aid and assist him in enforcing the law. We have, as a community, taken a high stand in the cause of temperance; among our earliest efforts may be found the abolishing of ardent spirits from our land, and to this, in a great measure, may be attributed our peace and prosperity. No new country can be pointed out where so much harmony prevailed in its first settlement as in this: laws, we had none, yet all things went on quietly and prosperously. I have no doubt if ardent spirits are kept within their proper bounds, we shall continue prosperous.

"It is said by some we have no right to say what a man shall make or what he shall not make; yet, we find, in all large cities, certain manufactories are forbidden to be carried on within the limits of the city, because they annoy the inhabitants, and hence are declared to be public nuisances, and by law are compelled to be removed; and, if the city increase and extend to the place where they are relocated, they are removed again. Intoxicating drink is an enormous public injury and private wrong; its effects, in every way, shape, and form, are evil, and therefore should be restrained within proper limits by law. It deprives the wife and children of the inebriate of the support and protection they have a right to expect from him; it deprives the community of the labor which constitutes a nation's wealth, for it is a well-known fact that a nation's wealth is made up of individual labor, and every day, therefore, lost by the laborer, caused by the effects of alcoholic drink, is a loss to the community at large. Persons who have become habitually addicted to ardent spirits, hearing that we had excluded the poison from our land, and, believing they never could be free if they remained near its influence, have left their homes and crossed the Rocky Mountains to escape the ruin that threatened them. Shall they be disappointed? During the last year, persons taking advantage of the defect in our law, have manufactured and sold ardent spirits. We have seen the effects (although the manufacture was on a small scale) in the midnight carousals among the Indians in our neighborhood, during their fishing season, and while they had property to dispose of; and, let me ask, what would be the consequences if the use of it should be general in the country and among the different tribes of Indians in the Territory? History may, hereafter, write the page in letters of blood! And what are the consequences, as presented to us in the history of older countries, of an indiscriminate use of ardent spirits? Almshouses, hospitals, prisons, and the gallows. I would, therefore, recommend that but one person, and that person a physician, be authorized to import or manufacture a sufficient quantity to supply the wants of the community for medicinal purposes; to dispose of no liquor except when he knows it to be necessary, or on an order from a regular physician, stating that the person applying stands in need of it for medicinal purposes; and to physicians to be used in their practice; the person so empowered to import, manufacture, and sell, to keep a record of the quantity manufactured or imported; also, a record of the quantity sold, or disposed of, and to whom, and name of physician on whose certificate given. This would be attended with but little trouble, and might be required to be given under oath. Many articles require alcohol to dissolve them; this could be done by taking the article to the person appointed and having the alcohol put into the ingredients in his presence. Section fifth I would recommend to be altered, so that the fines should go one-half to the informer, and the other half into the treasury. I would recommend that the penalties be increased. If the indiscriminate sale of liquor be admitted an evil, no good citizen can wish to be engaged in it. Why should the majority suffer to benefit a few individuals?

"I have said more on this subject than I should have done, did I not fear an attempt will be made to break down the barriers raised by the early settlers of this land. Much of our prosperity and happiness as a community depends upon your action in this matter."

I am inclined to think that the governor was misinformed or mistaken in the statement that liquor had been manufactured in the settlement otherwise than by drugs and a composition called rot-gut, which there were men in the country base enough to produce. Had the governor been more energetic and taken the matter in hand, no manufacturing of liquors would have been allowed. He seems to have thrown himself back upon the faults of the law as an excuse for not seeing that it was executed as it should have been, and as it was executed in other places. Some of this drugged liquor was brought to Astoria by one George Geere, of Dr. White notoriety, and the citizens of Clatsop Plains being notified of the fact, came over prepared for a fight, and found Geere, with his liquors, his pistols, and a seven-shooter rifle. They took him and his pistols and rifle, also his two kegs, and several bottles of liquor. The liquor they turned out on the ground,--took Geere before Esquire Tibbetts, and gave him a jury trial before six men of his own choice, who found him guilty. He was fined one hundred dollars and costs of suit, which was all given, by unanimous consent, to the county. When such a man as Governor Abernethy could excuse himself from acting and enforcing a law, because he thought the distribution of the fines imposed made the officers and witnesses interested persons, it is not surprising that men of no principle should engage in destroying their fellow-men. The fact is, that the men whom the people had honored and trusted with their legal and executive duties were destitute of the firmness requisite to the position they occupied, with some few honorable exceptions. The people generally were in advance of their leaders in sustaining good and wholesome laws, hence but few cases of lawsuits or quarrels occurred.

We will now give what we conceive to be the cause of the failure of the law.

By a reference to the organization of the house in December, 1845, it will be seen that the Hudson's Bay Company was represented by Messrs. Dr. W. F. Tolmie, Chamberlain, McDonald, Newell, and Peers. The liquor interest was represented by Messrs. Boon, Hall, Hembree, Looney, Meek, Summers, Straight, T. Vault, Williams, and the Speaker. Six of the last-named representatives should have been fined for violations of the law on a small scale, and all of the first on a large scale, as connected more or less with the Hudson's Bay Company, and selling and giving to their men and Indians.

While the Hudson's Bay Company yielded a quasi assent to the organization, and had their representatives in the Legislature, they were using their influence to curtail the privileges of American citizens. They were ready to vote against the manufacture and sale of liquors, while they were constantly bringing it to the country in their ships, and distributing it to suit their trade.

The composition of the house was peculiarly American and antagonistic to the Hudson's Bay Company. Any measure that gave to the company any advantage, such as it was urged the prohibitory law did, could not stand. Hence the friends of prohibition had to yield the point, on the ground of self-defense for national rights, and not from a disposition to consider the law unjust or improper. In other words, they licensed and sustained a great evil, to combat a privilege of equal evil, claimed and used by a foreign monopoly in our midst.

When we take into account the facts as stated by the governor in his message, the actual condition of the country, the temporary nature of our government, and all the combinations that were forming at the time the license law was passed, I think all will join with me in condemning the course of the men who cursed the country with such a law. It is asserted that the organic law provided that the Legislature should regulate this traffic. Very true; which they did by placing it in the hands of the practicing physician, where it belongs, and nowhere else. But these wise Solons of 1846 came to the conclusion that three, two, or one hundred dollars was ample pay to the country for the loss of any man in it. That for three hundred dollars the whole country might be filled with poisonous rot-gut, and for two hundred the wholesale business might go on, while for one hundred the miserable victims of the business could be turned loose to degrade themselves and blight the hopes of kindred and friends. I can count a hundred victims who have lost one hundred dollars' worth of property for every dollar received by the Territory, besides their own lives, in consequence of this traffic. I can count five hundred families that have suffered poverty and want, insult and abuse, purely chargeable to this regulating law of these men.

We read in histories of the church, that the pope of Rome sold indulgences to commit certain sins which by the common law would be considered crimes, such as adultery, theft, and even murder. The price of the indulgence was according to the crime to be committed. This law proceeds upon the principle of the amount of profits in the business, while its nature and effect upon the community is lost sight of. Or, in other words, the government sells the indulgence to commit the crime proposed by the manufacturer or wholesale and retail dealer. While the former law admitted that liquor as a medicine might be useful, and placed it in the hands of the practicing physician, the license law puts each seller under a one thousand dollar bond to keep a quiet house. They were ready to license hells all over the land, provided the keepers would bind themselves not to violate the sanctity of the Sabbath. The morality and political economy of the business is forced to be satisfied with the amount paid as per law provided.

This act, as a matter of course, opened all the liquor shops of the Hudson's Bay Company and of all the unprincipled men in the country. To give a better idea of this liquor question, a letter of James Douglas, found in No. 10, volume 1, of the Oregon Spectator, June 11, 1846, is given. Mr. Parker, in his stump speech, alluded to the liquor law, and asserted that it was daily violated by the Hudson's Bay Company. Mr. Douglas attempts to refuse the charge and sustain the law. The italics in the following letter are the author's:--

"MR. EDITOR,--In Mr. Parker's address to the electors of Clackamas County, delivered at the meeting lately held in Oregon City, as reported in the Spectator of the 28th of May, I observe that he is pleased to point out Mr. Douglas, a judge of the County Court, who, he understood, was in the habit of selling ardent spirits. This may have suited Mr. Parker's purpose, while attempting to establish a position which appears to be a favorite with him, 'that the oath of office binds a man to do just as he pleases!' As it can not, however, be supposed that I admire the mode of illustration he has chosen, and as I also happen to entertain a very different opinion touching the force and propriety of that oath, I hope it will not be considered a breach of courtesy on my part, to offer, through the medium of your respectable paper, a direct and unqualified denial of this charge of rum-selling, in the only sense it is plainly meant to be received, and can be considered at all applicable to the subject in question. As a particular favor, I ask Mr. Parker to bring forward a single proof in support of the assertion he has so wantonly advanced. I refer him to all his fellow-citizens. I ask him to search the country from one extremity to another, and to put the question to each individual member of the community with the absolute certainty that not one person will be found who ever purchased ardent spirits from Mr. Douglas. A stranger in the country, evidently unacquainted with its early history, Mr. Parker may not have been informed that the members of the Hudson's Bay Company have for many years past uniformly discouraged intemperance" (by a regular daily allowance of liquor to their men, as we shall see Mr. Douglas says) "by every means in their power, and have also made great and repeated pecuniary sacrifices to prevent the sale of ardent spirits in the country: an article, moreover, which forms no part of their trade, either with the white man or the Indian." (See Mr. Dunn's book, in which it is asserted the company sells to Indians, and Fitzgerald, page 162). "Mr. Parker does not indeed pretend to speak from his own personal experience of the fact, but on the authority of others; and should any doubt still linger in his mind with respect to the correctness of what I have just said, he may perhaps have no objection to seek other means of arriving at the truth; suppose, for instance, he was to try the experiment of negotiating a purchase, I venture to predict he would soon be convinced that Mr. Douglas is not in the habit of selling ardent spirits.

"But let us inquire a little further into this matter. What could have induced a person of character to hazard an observation in public, which, he must know, would, if false, be as openly exposed. Mr. Parker must have had some grounds for his assertion; he may possibly have heard, or he may have supposed that her Majesty's ship Modeste was daily receiving supplies at Fort Vancouver. If, with reference to these supplies, he had told his hearers that her Majesty's ship Modeste, now stationed at Fort Vancouver, had, with other supplies for ship use from the stores of the Hudson's Bay Company, received several casks of rum; or if, referring to the company's own ships, he had stated that a small allowance of spirits is daily served out to the crews of the company's vessels; and that other classes of the company's servants, according to long-accustomed usage, receive, on certain rare occasions, a similar indulgence, he would have told the plain and simple truth, and his statement would not this day have been called in question by me.

"These acts, which I fully admit, and would on no account attempt to conceal, can not by the fair rules of construction be considered as infringing upon any law recognized by the compact which we have agreed to support, in common with the other inhabitants of Oregon. [The same argument is used to justify Mr. Ogden in furnishing powder and arms to the Indians at the commencement of the Cayuse war.]

"The framers of these laws, with a decree of wisdom and foresight which does them honor, never entertained the idea that a person, in becoming a member of the compact, thereby relinquished his distinctive national character.

"On the contrary, British subjects and citizens of the United States, casting aside every shadow of illiberal prejudice, extended to each other the right hand of good-fellowship, for the purpose of mutual protection, to secure the peace and promote the prosperity of the country, until protected by their respective governments. The compact was formed and perfected upon that principle, and can rest with security upon no other foundation.

"We are pledged, and do faithfully intend to support the organic laws. They do not bind us to violate pre-existing engagements with our servants, nor to withhold from the officers of our government supplies of whatsoever kind the company's stores can provide. In the high character of the latter we enjoy the fullest security against abuse to the detriment of the country. With all other parties we have most rigidly, and shall continue to enforce the prohibitory statutes of Oregon. My wish in addressing you, Mr. Editor, is to set Mr. Parker right in respect to this matter of rum-selling, and the people may rest assured that if my wishes could influence the community, there would never be a drunkard in Oregon.

"JAMES DOUGLAS."

Mr. Parker's answer, which, like the letter of Mr. Douglas, is addressed to the Spectator, says:--

"MR. EDITOR,--Our friend Mr. Douglas, in the Spectator of the 11th instant, denies, in the most unqualified terms, the charge of rum-selling at Vancouver, and challenges me to the proof of the assertion, by calling individually on all of our fellow-citizens for testimony; and no other alternative is left me but to proceed in accordance with his request; he will, I am sure, pardon me if I seek this among the highest authorities, and I will produce one at least whose veracity will not, I am sure, be called in question by our friend.

"When I, in my speech, adverted to the fact that rum was sold at Vancouver, contrary to law, the statement was based on the thousand-tongued rumor, and I so qualified my remarks. But in Mr. Douglas's confession, found in the paper alluded to, the matter of doubt is settled, and we are now furnished with the authority of no less a personage than Mr. Douglas himself. Hear his testimony. 'If,' says he, 'with reference to these supplies, he had told his hearers that her Majesty's ship Modeste, now stationed at Fort Vancouver, had, with other supplies for ship use from the stores of the Hudson's Buy Company, received several casks of rum; or if, referring to the company's own ships, he had stated that a small allowance of spirits is daily served out to the crews of the company's vessels; and that other classes of the company's servants, according to long-accustomed usage, receive, on certain rare occasions, a similar indulgence, he would have told the plain and simple truth,' etc.

"These facts, Mr. Douglas, who has charge of the trading-post at Vancouver, fully admits, and upon his testimony in the matter I place the most implicit confidence. It was not my intention to charge our friend with having kept a tippling-shop at Vancouver, and I wish to correct such, if any there are, who may have come to such a conclusion; but I confess, I had not supposed that the law in relation to ardent spirits (and which may be found in the first number of the Spectator) had been so wantonly disregarded. We know, from personal observation, that rum in considerable quantities had found its way among our citizens from some quarter, and the disclosure here made furnishes a key to the mystery, and we are now broadly told that casks of this article have been furnished to her Majesty's officers stationed in Oregon, but that in their high character we enjoy the fullest security against its abuse, etc.

"And now, my dear sir, having heard much of the hollow and ceremonious professions and hypocritical grimaces of courts, and men in high places, and disgusted with every thing that savors of aristocratical or monarchical parade, and smitten with the love of republican simplicity and honesty, I can not admit that rank or men in high places are guaranteed against our laws, nor are they so framed as to justify such a conclusion. Raised as I was under these simple institutions, which tend to bring all on an equality, I can not perceive those high guaranties or pledges which are said to emanate from rank or station in high places in society. With us, men give pledges of honor and character, alone from their moral conduct; and the bacchanalian carousals (one was a most disgraceful drunken row kept up for several days by the officers of the Modeste, in honor of the Queen's birthday) which came off in the Tualatin Plains on Vancouver rum, last winter and spring, at the expense of the good morals of our farming community, gave me abundant and additional evidence to admire our simple and republican usages, while it serves as a moral worthy the consideration of a prince, or the strongest appendage of nobility. Our laws make no distinction in favor of the officers on board of her Majesty's ship Modeste, nor of the Hudson's Bay Company's servants. If their ships visit our ports, our laws will protect them, and, according to the usages of all nations, we expect them to submit to their provisions; but should these officers, through the plenitude of their power, determine to disregard our laws, it certainly could find no justification with one filling the high judicial station which Mr. Douglas occupies. He has sanctioned our law-making authority by accepting one of the highest judicial offices under our organization. According to his own confession, he has disregarded the law, not only by giving in small quantities, but by selling ardent spirits by the cask; nor can he find justification by dealing it out under pre-existing contracts to the servants of the company. To admit that principle, dealers in this article would only be required, when the prohibitory law was about being passed, to contract for the supply of all their old customers, and thus defeat the object and intention of the law by a pre-existing contract. And as for the argument of long-existing usages, that pays the poorest tribute of all. Why, the very toper may plead his long indulgence in the use of this article, with as much propriety. I should not have noticed the subject again, but for my anxious desire that the matter should be fairly placed before the public.

"SAMUEL PARKER."

These two laws, and the two communications we have given, place the temperance question fully before the reader. The communication of Mr. Douglas shows the position and feelings of the English and the Hudson's Bay Company in relation to our laws, as also the liberty they claimed to violate them whenever it suited their interest or their convenience. Mr. Douglas says, "with all other parties we have most rigidly, and shall continue to enforce the prohibitory statutes of Oregon." It also shows another fact. "The Modeste, now stationed at Fort Vancouver," is our (the company's) protection, and you must not attempt to enforce a law upon English subjects, or English ships that enter the rivers or ports of the country. To say that many of us did not feel keenly this taunt, and almost despair of securing this vast country from the rapacious mouth of the crouching lion, whose drunken, beastly representatives were distributing their rum to every family that would receive them, would not be true.

When their representatives entered our legislative councils, the most stupid of its members understood their object. They wished to make laws for Americans. Their own people needed no laws, and no other government than such as was provided for them by the Hudson's Bay Company. The reader is already informed how those laws were enforced.

Dr. Tolmie, who at the present time (1870) stands at the head of the company in Vancouver Island and British Columbia, presented the following resolution to the house on the sixth day of the session, showing the true position of the English element:--

"Resolved, That the judiciary committee be discharged from further duty, as the present Legislature deems it inexpedient to organize the judiciary at the present time, in any manner different from the present organization."

By a reference to the journal of the house, we find Dr. Tolmie to be a member of the judiciary committee. Four days after, we find this same gentleman presenting another resolution:--

"That the Legislature deems it inexpedient, at the present time, to legalize the manufacture and sale of ardent spirits."

Yeas--Chamberlain, McDonald, and Tolmie--3. Nays--Boon, HALL, Hembree, LOUNSDALE, LOONEY, Meek, Newell, Peers, Summers, Straight, T. Vault, Williams and the Speaker--13. Hudson's Bay Company men in italics; doubtful, in SMALL CAPITALS.

On the motion of Newell to lay the bill to regulate the manufacture and sale of ardent spirits on the table, it stood: Yeas--Chamberlain, Hall, Lounsdale, Looney, McDonald, Newell, and Tolmie--7. Nays--Boon, Hembree, Meek, Summers, Straight, T. Vault, Williams, and the Speaker--8. Peers absent.

On the final vote to carry this bill over the veto of the governor, we find Hall, Lounsdale, and Looney changing their votes in favor of passing the bill over the veto, which is as follows:--

OREGON CITY, Dec. 17, 1846.

GENTLEMEN,--I return to your honorable body the act entitled "An Act to regulate the manufacture and sale of wine and distilled spirituous liquors," with my objections to the same.

Previous to our organization as a provisional government, public sentiment kept liquor from being manufactured or sold in this Territory. Heretofore, every act of the Legislature has been, as far as ardent spirits were concerned, prohibitory in character. The act lying before me is the first act that has in any manner attempted to legalize the manufacture and sale of ardent spirits. At the session of the Legislature in June, 1844, an act was passed entitled "An Act to prevent the introduction, sale, and distillation of ardent spirits in Oregon," and, as far as my knowledge extends, the passage of that act gave satisfaction to the great majority of the people throughout the Territory. At the session of December, 1845, several amendments were proposed to the old law, and passed. The new features given to the bill by those amendments did not accord with the views of the people; the insertion of the words "give" and "gift," in the first and second sections of the bill, they thought was taking away their rights, as it was considered that a man had a right to give away his property if he chose. There were several other objections to the bill, which I set forth to your honorable body in my message. I would therefore recommend that the amendments passed at the December session of 1845 be repealed; and that the law passed on the 24th of June, 1844, with such alterations as will make it agree with the organic law, if it does not agree with it, be again made the law of the land. It is said by many that the Legislature has no right to prohibit the introduction or sale of liquor, and this is probably the strongest argument used in defense of your bill. But do you not as effectually prohibit every person who has not the sum of one, two, three hundred dollars to pay for his license, as does the law now on the statute-book? Are not your proposed fines and penalties as great or greater than those of the old law? Where, then, is the benefit to the people? There is no doubt in my mind, but that the law will be evaded as easily, and as often, under the new law, as it was under the old, and, in addition to this, there will be the legal manufacturers, importers, and sellers, who will be able, under the sanction of law, to scatter all the evils attendant upon the use of alcoholic drinks. We are in an Indian country; men will be found who will supply them with liquor as long as they have beaver, blankets, and horses to pay for it. If a quantity should be introduced among the Wallawallas, and other tribes in the upper country, who can foretell the consequences; there we have families exposed out, off from the protection of the settlements, and perhaps, at the first drunken frolic of the Indians in that region, they may be cut off from the face of the earth. But we need not go so far; we are exposed in every part of our frontier, and when difficulties once commence, we can not tell where they will cease.

It has been proved before the House of Commons that one-half of the insanity, two-thirds of the pauperism, and three-fourths of the crimes of Great Britain may be directly traced to the use of alcoholic drink. The testimony of our most eminent judges in the United States shows that the same proportion of crime is attributable to ardent spirits in that country. Statistics might be produced, showing the enormous evil and expense of an indiscriminate use of liquor.

As to revenue, the small amount received for licenses, instead of being a revenue, would be swallowed up in the expenses attending trials for crimes, etc., caused by the crime of these licenses.

But, leaving all other countries out of view, let us consider our own state. Surrounded by Indians, no military force to aid the executive and other officers in the discharge of their duties, not a solitary prison in the land, in which to confine offenders against the laws, and consequently no way of enforcing the penalties of the law, I think these things should call for calm and serious reflection, before passing your final vote on this bill. My opinion is, the people are opposed to legalizing the introduction and sale of liquor in this land. I may be mistaken, and therefore should be in favor of the old law, or something similar should be adopted, of referring the whole matter to the polls at the next general election. If the people say "No liquor," continue to prohibit; if they say, through the ballot-box, "We wish liquor," then let it come free, the same as dry-goods, or any other article imported or manufactured; but, until the people say they want it, I hope you will use your influence to keep it out of the Territory.

It is with regret that I return any bill unsigned, but I feel that we both have duties to perform, and when we think duty points out the way, I trust we may always be found willing to follow it.

GEO. ABERNETHY.

To the Hon. the Legislature of Oregon Territory.

On motion of Mr. Hall, the communication was laid on the table.

AFTERNOON SESSION.--At two o'clock the house met. A call of the house was made, and the sergeant-at-arms dispatched for the absent members, who, after a short absence, returned, and reported that the absentees had been notified, and were now present. Thereupon, the further call of the house was dispensed with.

The house then reconsidered the bill to regulate the manufacture and sale of ardent spirits, and, after some deliberation, the question being put upon the passage of the bill, it was decided affirmatively, by the following vote:--

Yeas--Messrs. Boon, Hall, Hembree, Lounsdale, Looney, Meek, Summers, Straight, T. Vault, Williams, and the Speaker--11.

Nays--Messrs. Chamberlain, McDonald, Newell, Peers, and Dr. W. F. Tolmie--5.

* * * * *

At St. Josephs, Elizabethtown, Iowa Point, Council Bluffs, and the Nishnabatona, were 271 wagons for Oregon and California. Allowing five to the wagon gives us about 1,355 souls that crossed the Missouri at these points. The quantity of loose stock was estimated at 5,000 head. From Independence, Missouri, for Oregon, 141 men, 71 women, 109 children, and 128 wagons. From Independence, for California, 98 men, 40 women, 57 children, 320 oxen, and 46 wagons. Total, 1,841 souls, as stated in Mr. Saxton's pamphlet, 1846. The larger portion of this immigration found their way into Oregon, notwithstanding the Hudson's Bay Company and Mr. Hastings did all they could to turn them to California. A statement by Mr. S. K. Barlow shows that 141 wagons, 1,559 head of horses, mules, and horned cattle, and some 15 head of sheep passed on his road; seven more teams passed after this report was made. Besides the number that came over the Mount Hood or Barlow road, there were some persons, with wagons, who attempted to come in on the Applegate route, and a number came down the Columbia River.

This year, on the 21st of February, the brig Henry, Captain Kilborn, started from Newburyport for Oregon, with eight passengers, including women and children; also the Angelo, Captain Hastings, from Boston, made the attempt, but failed. The brig Henry arrived late in 1846.

On Thursday, February 5, 1846, the first newspaper published on the Pacific coast was issued from the press of the Oregon Printing Association, at Oregon City. The originators of the Printing-Press Association were the same that started the Multnomah Circulating Library, the Wolf Association, and the provisional government, in 1842-3.

Constitution of the Oregon Printing Association.

PREAMBLE.--In order to promote science, temperance, morality, and general intelligence,--to establish a printing-press to publish a monthly, semi-monthly, or weekly paper in Oregon,--the undersigned do hereby associate ourselves into a body, to be governed by such rules and regulations as shall from time to time be adopted by a majority of the stockholders of this compact, in a regularly called and properly notified meeting.

Articles of Compact.

ARTICLE 1. This association shall be known by the name of the "Oregon Printing Association," and shall hold an annual meeting at Oregon City, on the first Tuesday of December of each year.

ART. 2. Its officers shall be a president, vice-president, secretary, treasurer, and a Board of three directors, who shall be elected annually by ballot, and shall hold their offices until their successors are elected.

ART. 3. It shall be the duty of the president to preside at all the meetings of the association, to sign all certificates of stock, and drafts upon the treasurer for the payment of funds, and to preside at the meetings of the Board of Directors.

ART. 4. It shall be the duty of the vice-president to perform the duties of the president in case of his absence, by death, or by removal from office.

ART. 5.----The secretary to attend, and keep a record of all the meetings of the association, and of the Board of Directors, and to publish the proceedings of the annual and special meetings of the association, and such portions of the proceedings of the Board of Directors as the Board shall direct from time to time; to give one month's notice of all special meetings of the association.

ART. 6. It shall be the duty of the treasurer to take charge of the funds of the association, and keep an account of all moneys received and disbursed, and pay out the same in accordance with drafts drawn on him by the president, and signed as per third article of this compact; to give such security to the president as shall be deemed sufficient by the Board of Directors for the faithful performance of his trust; to report the state of the treasury to the Board of Directors quarterly, and to pay over to his successor in office all funds of the association.

ART. 7.----The officers and Board of Directors to manage and superintend, or procure a suitable person to do so, the entire printing and publishing association; to employ all persons required in the printing or editorial departments of the press; to publish a full statement of their proceedings semi-annually; to draft and adopt such by-laws as may be deemed proper for their government, provided no by-law contravenes the spirit of these articles of compact; to declare a dividend of any profits arising from the printing establishment as often as they shall deem it expedient; to fill any vacancy that may occur in their number; three of whom shall constitute a quorum, and be competent to transact business.

ART. 8. The press owned by or in connection with this association shall never be used by any party for the purpose of propagating sectarian principles or doctrines, nor for the discussion of exclusive party politics.

ART. 9. The stock of this association shall consist of shares, of ten dollars each, payable in cash or its equivalent.

ART. 10. For every ten dollars paid to the treasurer of the association, the payer thereof shall receive a certificate for the same, signed by the president and countersigned by the secretary; and for every such certificate, the holder thereof, or his agent, on presenting to the Board of Directors satisfactory evidence that he is such, shall be entitled to one vote in all the annual and special meetings of this association; shall receive pro rata of all moneys that may accrue from the profits of the printing establishment, and be allowed to transfer his stock to any one, by certifying and indorsing his name upon the back of his certificate.

ART. 11. These articles, except the 8th, may be altered or amended at any annual or special meeting of the association, provided that the proposed amendment shall have been published in at least two numbers of the paper published by order of the association.

Officers of the Association,

W. G. T. VAULT, President. J. W. NESMITH, Vice-President. JOHN P. BROOKS, Secretary. GEORGE ABERNETHY, Treasurer. JOHN H. COUCH, } JOHN E. LONG, } Directors. R. NEWELL, }

The first editor of this paper was W. G. T. Vault. A man more unfit for the position could scarcely have been found in the country. He professed to have been an editor of a paper in Arkansas, and blew and swelled like the toad in the fable, and whined like a puppy when he gave his valedictory, in the fifth number of the Spectator. He says: "We have among us a class of mongrels, neither American nor anti-American, a kind of foreign, hypocritical go-betweens,--as we would say in the States, fence men,--whose public declarations are, 'All for the good of the public, and not a cent for self.' The political sentiments of the conductors were at variance with his." Mr. T. Vault was led to believe that Mr. Newell was his only friend, from the fact that he was absent from the meeting of the Board when his successor was appointed; and complains of Dr. Long and J. W. Nesmith. Newell and Long acted together. H. A. G. Lee, who succeeded T. Vault as editor, was far better qualified for the position, though he did not suit this same Board of Directors, as Newell was the maneuvering spirit. Lee was too strongly American in his sentiments, and too intelligent to be a dupe of the influence of which T. Vault complained.

Mr. Douglas declares the position of the English element in the tenth number of the Spectator. Mr. S. Parker answers him in the eleventh number; and Mr. Lee, in the fourteenth number, tenders his thanks to the Board for relieving him. The fifteenth, sixteenth, and seventeenth numbers, each "run itself," as the expression is.

On the eighteenth number, G. L. Curry, Esq., took charge, to the twenty-sixth number, which completed the first volume of the paper. He continued his editorial position till the twenty-fourth number of the second volume, when he brought his duties to a close by publishing a set of resolutions calculated to injure J. Q. Thornton, who had gone on to Washington to have a history of the country published, and, as was supposed, to secure the best federal appointments for himself and his friends. One-half of the legislators believing that unfair and improper means had been used by Mr. Thornton and his friends, the other half not caring to vote against Mr. Thornton's proceedings, being, perhaps, his real friends, the resolutions were lost by a tie vote. Mr. Curry, as editor of the Spectator, took sides against Mr. Thornton, and in favor of the objectionable resolutions, and published them under an editorial article, notwithstanding he had been requested, as he admits, not to publish them.

Judge A. E. Wait succeeded Mr. Curry in the editorial department of the paper, and, by a foolish, vacillating course, continued to hold his position so as to please the Hudson's Bay Company and the Roman Catholic and Methodist influences in the country. The paper, by this means, became of little value to its patrons and the country, and soon getting involved in its financial affairs, it was sold and lost financially to the original proprietors.

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Chapter LIV

The Whitman massacres.--Narratives of, by J. B. A. Brouillet and J. Ross Browne.--Extract from the New York Evangelist.--Statements of Father Brouillet criticised.--Testimony of John Kimzey.--Dr. Whitman at Umatilla.--Returns home.

We have before us two works purporting to give a true and authentic account of the Whitman massacre,--the one prepared by a Jesuit priest, J. B. A. Brouillet; the other by one J. Ross Browne, special agent of the United States revenue department. As this part of our history was written before that of J. Ross Browne (purporting to be an official report to the 35th Congress, 1st session, House of Representatives, Executive Document No. 38) came into our hands, it is proper that we should give this report a passing notice.

Mr. Browne, upon the second page of his report, says: "In view of the fact, however, that objections might be made to any testimony coming from the citizens of the Territory, and believing also that it is the duty of a public agent to present, as far as practicable, unprejudiced statements, I did not permit myself to be governed by any representations unsupported by reliable historical data."

One would naturally conclude, from such a statement, that a candid, unprejudiced, and truthful report would be given; but, to our astonishment, we find that fifty-three of the sixty-six pages of this official document are an exact copy of the Rev. J. B. A. Brouillet's work, thus indorsing, and placing in an official document, one of the most maliciously false and unreliable accounts that a prejudiced and deeply implicated sectarian could give, claiming such to be "reliable historical data,"--thus showing both his prejudice and ignorance in the conclusion he arrived at as to the causes of the Indian wars.

Had J. Ross Browne been willing to lay aside his unreasonable sectarian prejudice, and listen to the positive testimony then in the country, he could easily have learned who were the prime cause of all the Indian wars in it; or, had he made himself familiar (as he flippantly claims to have done) with the history of the English and American people, the policy of the English political and sectarian powers, and the commercial policy of the Hudson's Bay Company, he would have escaped the folly of placing in an official document such palpable errors, and showing such willful ignorance of the subject he was commissioned to investigate.

He says, on page 2, "It was a war of destiny,--bound to take place whenever the causes reached their culminating point." The "destiny" and culminating point of that war was fixed by the Hudson's Bay Company and the Jesuit priests, as also the second and third wars with the Indians that followed, as we shall show by positive testimony of witnesses who are unimpeachable.

Had J. Ross Browne carefully examined the tissue of statements prepared by Father Brouillet, he could have found statements like this on page 53 (38 of J. R. B.), "I knew that the Indians were angry with all Americans;" page 54 (39 of J. R. B.), "All that I know is that the Indians say the order to kill Americans has been sent in all directions."

There was but one party in the country that could issue such an order, which Brouillet well knew, and the testimony we shall give will prove.

On his third page, he says: "The same primary causes existed in every case,--encroachments of a superior upon an inferior race." He then refers to the agitation of the Oregon question in the Senate in 1840-41; to Mr. Thurston's course as a delegate; the treaties with the Indians, etc.,--showing conclusively the sources of his information, and his ignorance of the causes he professed to give a truthful and impartial account of,--barely alluding to the unwarranted assumptions of the British Hudson's Bay Company of an exclusive right to trade with the Indians. In fact, the whole report appears to be a studied effort to cover the prime causes of the difficulty, and of the Indian wars he was commissioned to investigate and report upon.

It is not surprising that with the foreign emissaries then in the country, and the stupid ignorance or malicious bigotry of the United States agent, that such reports should be made; but that the government should adopt, and act upon, or publish them, is indeed surprising; unless, as the history of the late rebellion shows, it was the design of those agents to involve the whole nation in an ultimate dismemberment, and distinct, separate nationalities, under the auspices of African, Indian, and religious slavery. We regret the necessity of prefacing a chapter in this work with so severe a stricture upon a government official, yet his report is so manifestly false and malicious, and without the evidence of truth or candor toward the Protestant missionaries, to whom is due, more than to any other influence, the settlement of the country by the American people,--that, in justice to them, and the truth of history, we can say no less, while we proceed with the account of the murder of Dr. Whitman and those at his station.

The necessity and importance of an extended and particular account becomes still more important from the fact that the Roman Jesuits in the country have succeeded in placing through such an agent their false account of the massacre in a permanent government document,--thus slandering not only the dead, but the living, whose duty it becomes to refute such vile slanders by publishing the whole truth in the case. Besides, the very Rev. J. B. A. Brouillet, in a second edition of his false and absurd production, refers to this report of J. R. Browne as additional official evidence of the truth of his own false statements, previously made through such agents, and such men as Sir James Douglas,--compelling us, in vindicating the truth of history, to place before the reader more of the statements of parties implicated than was our original design.

Since this work has been in press, we have an article in the New York Evangelist of 6th of January, 1870, from the pen of Rev. Mr. Treat, D.D., containing a brief statement of the Whitman massacre, and the following as the result of the investigations as had in several religious bodies in Oregon; the conclusion is as follows:--

"It so happens, however, that men who are more competent to adjudicate the case have not hesitated to do so. The Congregational Association of Oregon adopted a report in June last, which condemns the 'prominent and absolute falsehoods' of Father Brouillet's pamphlet, and expresses the belief, 'from evidence, clear and sufficient to them, that the Roman Catholic priests did themselves instigate violence to the missions, resulting in massacre.' Similar action was taken by the Old School Presbytery, the Cumberland Presbytery, and the U. P. Presbytery. The Methodist Conference, composed of more than seventy preachers, and under the presidency of Bishop Kingsley, adopted a comprehensive and able report, which was published at Portland, September 25, 1869, in which the massacre at Wailatpu is declared to have been 'wholly unprovoked by Dr. Whitman or any other member of the mission,' and to have arisen from the policy of the Hudson's Bay Company 'to exclude American settlers,' and the 'efforts of Roman priests directed against the establishment of Protestantism in the country.' It is believed that the other evangelical denominations in Oregon have spoken with the same distinctness and the same confidence.

"Valuable testimony is borne to the character of the missionaries who survived Dr. Whitman, and who have been residents of Oregon to this day, as also to the fidelity and success of their labors, but there is not space for it in the present article. Suffice it to say, that, while the motives of Hon. J. Ross Browne, in appending Father Brouillet's pamphlet to his 'Letter,' and the reasons of the House of Representative for publishing the same, are open to grave suspicion, facts and opinions have been elicited, which throw additional light upon the manifold bearings and uses of the missionary enterprise."

On page 40 of Rev. J. B. A. Brouillet's "Protestantism in Oregon" and page 33 of J. Ross Browne's report, we find, under date of September 5, 1847, that "the Right Rev. Bishop Blanchet arrived at old Fort Wallawalla (now called Wallula), where he was cordially received by Mr. McBean, clerk in charge of said fort. He was accompanied by the superior of Oblates and two other clergymen. He had the intention of remaining but a few days at the fort, for he knew that Tawatowe (or Young Chief), one of the Cayuse chiefs, had a house which he had designed for the Catholic missionaries, and he intended to go and occupy it without delay; but the absence of the Young Chief, who was hunting buffalo, created a difficulty in regard to the occupation of the house, and in consequence of it he had to wait longer than he wished."

The house here spoken of was erected during the summer of 1837, before any Catholic missionaries were thought of, at least among the Indians, or by the American missionaries, and it was late in the fall of 1838 that Revs. Blanchet and Demerse passed down the Columbia River. These first missionaries of the Society of Jesus, wishing to do Mr. P. C. Pambrun, then clerk of the post, a special favor, baptized the infant son of the Young Chief, for whose benefit and occupation, Mr. Pambrun said, the company had ordered that house to be built. If it was designed for these priests, who was the designer?

Mr. Brouillet, in his narrative, says:--

"On the 23d of September, Dr. Whitman, on his way from the Dalles, stopped at Fort Wallawalla. His countenance bore sufficient testimony to the agitation of his heart. He soon showed by his words that he was deeply wounded by the arrival of the bishop. 'I know very well,' said he, 'for what purpose you have come.' 'All is known,' replied the bishop; 'I come to labor for the conversion of the Indians, and even of Americans, if they are willing to listen to me.' The doctor then continued, in the same tone, to speak of many things. He attributed the coming of the bishop to the Young Chief's influence! made a furious charge against the Catholics, accusing them of having persecuted Protestants and even of having shed their blood wherever they had prevailed. He said he did not like Catholics----that he should oppose the missionaries to the extent of his power.----He spoke against the Catholic Ladder![12] and said that he would cover it with blood, to show the persecution of Protestants by Catholics. He refused to sell provisions to the bishop, and protested he would not assist the missionaries unless he saw them in starvation."

[Footnote 12] A picture explaining the principal points of Catholic faith.

It is barely possible that Dr. Whitman said all that this priest says he did. In that case, did he forfeit his own and the lives of all that fell with him? This narrative of Protestantism reveals a dark page in our history,--one that should be thoroughly investigated as well as understood by all.

On the 24th page, 33d of Ross Browne's report, this priest says:--

"After such a manifestation of sentiment toward Catholics in general and priests in particular, the bishop was not astonished in hearing some hours after that Dr. Whitman, on leaving the fort, went to the lodge of Piopiomoxmox (Yellow Serpent); that he had spoken a great deal against the priests; that he had wished to prevail upon this chief to co-operate with him, in order that by the aid of his influence with the Cayuses, Des Chutes, and Dalles Indians, he might be enabled to excite these nations against them, etc."

That Dr. Whitman did as he is represented to have done no one acquainted with him will believe for a moment. But Bishop Blanchet's letter to Governor Abernethy is evidence conclusive that he and his priests had done exactly what they here say Dr. Whitman attempted to do.

"During the months of October and November," Brouillet says, "the Doctor came to the fort several times to render his professional services to Mrs. Maxwell and Mr. Thomas McKay; he was a little more reserved than at the first interview, but it was always visible enough that the sight of the bishop and his clergy was far from being agreeable to him."

It will be remembered that Mr. Brouillet is giving this narrative and speaking of a man whose blood had been shod in the cause of "Protestantism in Oregon," as he calls the title of his work, which he is writing to correct the impression that he and his associates were in some way concerned in bringing it about. In his allusions and statements, he seems to be anxious to prove that Dr. Whitman and all Protestants and Americans in the country are guilty of the crime laid to the influence of the priests, and by giving these statements expects everybody will believe them to be wholly innocent. J. Ross Browne, in his report, 3d page, agrees with this priest, and refers to supposed transactions (that did not occur) in 1835. At that time there was not a band or tribe of Indians west of the Rocky Mountains but was ready to give land to any white man that would come and live in their country. This land question, as stated by Brouillet and Ross Browne, or the "encroachments of a superior upon an inferior race," had no part in the matter. It was a foreign national question, as we have already shown, and we now propose to quote these statements from his narrative, to show the intimate connection there was between the Jesuit priests, the Hudson's Bay Company, the Indians, and the Whitman massacre.

According to Brouillet, the bishop and his priests remained at Fort Wallawalla from the 5th of September till the 26th of October (fifty days), enjoying the hospitality of Mr. McBean, and seeing Dr. Whitman occasionally, till, on the 26th, the Young Chief arrived. "The bishop wished to know of him if he wanted a priest for him and his young men, telling him that he could only give him one for the whole nation, and if the Cayuses wished to avail themselves of his services they would do well to come to an understanding together concerning the location of the mission. The chief told the bishop he wished a priest, and that he could have his house and as much land as he wanted." So far this statement bears the natural impress of truth, but mark the words here put into the chief's mouth, "but as a means of reuniting the Cayuses who had been heretofore divided, and in order to facilitate their religious instruction, he suggested the idea of establishing the mission near Dr. Whitman's, at the camp of Tilokaikt."

The previous history of this chief, as given by Revs. Hines, Perkins, and Dr. White, all goes to prove that he never made such a suggestion, and no one acquainted with Indian character will believe for a moment that he did. But the suggestion was without doubt made to him to impress upon his mind the importance of uniting with other bands of his tribe to get rid of Dr. Whitman, as shown by this priest in the council that was held on the 4th of November, by special request of the bishop sent to Tilokaikt on the 29th October, purporting to be by request of the Young Chief. The dates show, as per Brouillet, that the Young Chief was with the bishop on the 26th; on the 29th the bishop sent for Tilokaikt; and on the 4th of November the council was held, "at the bishop's request," who opened the meeting in the fort. At this meeting the proposition is said to have been made to the bishop to give him Dr. Whitman's station, first driving him away. Says T. McKay, in his statement to acquit these priests, speaking of this meeting on the 4th of November: "One of the chiefs told the bishop that they would send the Doctor off very soon; they would give him his house if he wished. The bishop answered that he would not take the Doctor's house, that he did not wish him to send the Doctor away, and that there was room enough for two missions." This was, as understood by the Indians, "The bishop intends to have a place near Dr. Whitman's, and he wishes us to dispose of the Doctor in some way so that he can have a place where all the Cayuses can be instructed together in his religion."

In accordance with the understanding had with the bishop and Cayuses in this council on the 4th, this priest says (see p. 44 of Brouillet, 34 of J. R. Browne): "On the 8th of November I went by order of the bishop to Wailatpu to look at the land which Tilokaikt had offered; but he had changed his mind, and refused to show it to me, saying that it was too small. He told me that he had no place to give me but that of Dr. Whitman, whom he intended to send away. I declared to him a second time the same as the bishop had done at the meeting, that I would not have the place of Dr. Whitman. I then went immediately to the camp of Young Chief, to notify him that I would take his house, since I was unable to procure a place from Tilokaikt." He further says he returned to the fort on the 10th, and on the 11th, an associate, Rev. Mr. Rousseau, left with his men to repair the house, which was ready by the 26th, and on the 27th of November the bishop and his party started for the house, said to have been designed for them (of which there is no doubt). On their first arrival at Wallawalla, it would have been the wiser course for them to have accepted of it, instead of attempting, through the influence of the company, to get possession of Dr. Whitman's station, or the consent of the Indians, as they say they did, to locate near the station. But we have positive proof of the design of Mr. McBean, the agent of the company, and the bishop, as given in the testimony of Mr. John Kimzey.

He says: "On my way to this country with my family last fall (1847), I called at Fort Wallawalla to exchange my team and wagon for horses. There were at the fort two Roman Catholic priests. During my stay of about two days, Mr. McBean, in the presence of my wife, said, 'The fathers have offered to purchase Dr. Whitman's station, but Dr. Whitman has refused to sell.' He said they had requested the Doctor to fix his own price and they would meet it, but the Doctor had refused to sell on any conditions, I asked him who he meant by the fathers? He said 'The holy fathers, the Catholic priests.' He said the holy fathers were about to commence a mission at the mouth of the Umatilla,--one in the upper part of the Umatilla, one near Dr. Whitman's station, if they could not get hold of the station, one in several other places which I can not name. They hired Mr. Marsh, whose tools I brought, to do off a room for the priests at the fort. He said, 'Dr. Whitman had better leave the country or the Indians would kill him; we are determined to have his station.' He further said, 'Mr. Spalding will also have to leave this country soon.' As I was about leaving, Mr. McBean said: 'If you could pass as an Englishman, the Indians would not injure you; if they do disturb you, show them the horses and the marks, and they will know my horses; show them by signs that you are from the fort, and they will let you pass.' The Indians noticed the marks on the horses and did not disturb me.

"JOHN KIMZEY."

"Subscribed and sworn to before me, at my office in Tualatin Plains [now Washington County], this 28th day of August, 1848.

"DAVID T. LENOX, Justice of the Peace."

This is fully confirmed by the oath of R. S. Wilcox, as having heard the statement from Mr. Kimzey the night after he left the fort, in camp at the mouth of the Umatilla, before the same justice of the peace. Mr. Wilcox says Mr. Kimzey was much alarmed, and really believed that it was the design of the priests' party to kill Dr. Whitman and drive the American missionaries out of the country. His reply was, "The Catholics have not got that station yet."

Had we not the best English testimony, Fitzgerald's, and the statements of P. J. De Smet and Hoikin in their letters to their missionary society in Brussels, to show the connection of the Hudson's Bay Company with this transaction, the facts above stated would fasten the conviction of a strong and outspoken determination to overthrow the Protestant missions. It will be remembered that these threats and efforts to get rid of Dr. Whitman were made before the appearance of any sickness or measles among the Cayuses.

Mr. Brouillet, on the 84th page of his narrative, says, "But I affirm that such a demand has never been made to Dr. Whitman by any one of us." We are not disposed to dispute Mr. Brouillet's affirmation, be it true or false. The truth is all we seek to know.

The reader will not be particularly interested in the long details of statements made by this priest to show that they had no part in bringing about the destruction of the Protestant missions and the Whitman massacre. Mr. McBean and Sir James Douglas have written extensively, together with P. H. Burnett, Esq., and this Rev. Vicar-General Brouillet, to show that nobody is responsible for that crime but the missionaries who were murdered and the Indians, while Rev. Messrs. Griffin and Spalding have attempted to fasten the whole crime upon the Roman priests alone. It appears from Mr. Spalding's account that he met Mr. Brouillet and the bishop at Wallawalla on the 26th of November, and had a sectarian discussion with them, which he thought was friendly, yet from the fact that this priest barely alludes to the visit, and not a word of the discussion is mentioned, we infer that Mr. Spalding had the best of the argument, and that he was entirely mistaken as to the friendly manner in which they could conduct their missions in the same section of country. We will not attempt to reconcile the conflicting statements of these missionary parties, but will collect the most reliable facts and particulars of the tragic events in which these parties and the whole country became so deeply involved,--a part of them so strongly implicated.

That the massacre was expected to take place in a short time, and that all the Americans at the station, and all in any way connected with, or favoring, the Protestant missions and American settlements in the country, were to be included in the ultimate overthrow of those upper, or middle Oregon missions, there can be no doubt; as shown in the quotations we have given from our English Hudson's Bay Company's historian and Sir Edward Belcher, and the efforts of the company to colonize the country with English subjects from Red River, instead of encouraging them to come direct from England.

It appears from the dates and accounts we have, that Dr. Whitman was sent for to visit Five Crow's lodge on the Umatilla, not far from the house to be occupied by the bishop and his priests; that Mr. Spalding accompanied the doctor to visit some of the Protestant Indians in that vicinity; that the same day (the 27th of November), the bishop and his priests started from Wallawalla to go to their station and occupy the house of Young Chief. They arrived at their places and learned that Dr. Whitman and Mr. Spalding were in the neighborhood. On the next day, Sunday, 28th, Dr. Whitman made a short call on them, and hastened home to attend on the sick about his place. While at the lodge of a French half-breed named Nicholas Finlay, the Indians were holding a council, to decide and arrange the preliminaries of the massacre, with Joe Lewis, a Canadian-Indian, and Joe Stanfield, a Frenchman. Of this last-named man, Mr. Brouillet says: "As to Joseph Stanfield, I admit that he was born and has been educated a Catholic." He lays great stress on the fact that this fellow had been tried and acquitted. He says: "Why should we pretend now to be more enlightened and wiser than the tribunals have been, and judge him more severely than they have done."

Dr. Whitman arrived at his station about twelve o'clock at night, attended upon the sick, and retired. That night an Indian had died. In the morning, the Doctor, as usual, had a coffin and a winding-sheet prepared, and assisted the friends in burying their dead. He observed, on returning to the house, that but two or three attended at the grave. As he returned, great numbers of Indians were seen gathering about the station; but an ox had been killed, and was being dressed, which was supposed to be the cause, as the Indians on such occasions always collected in great numbers, and often from a distance.

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Chapter LV

Occupations of the victims immediately before the massacre.--Description of the mission buildings.--The Doctor called into the kitchen to be murdered.--Joe Lewis, the leader in the massacre.--The scene outside.--The Doctor's house plundered.--Mrs. Whitman shot.--Brutalities to the dead and dying.--Escape of some and murder of others.--Safety of the French Papists and the servants of the Hudson's Bay Company.--Fate of Joe Lewis.

Joseph Stanfield had brought in the ox from the plains, and it had been shot by Francis Sager. Messrs. Kimball, Canfield, and Hoffman were dressing it between the two houses; Mr. Sanders was in the school, which he had just called in for the afternoon; Mr. Marsh was grinding at the mill; Mr. Gillan was on his tailor's bench in the large adobe house, a short distance from the doctor's; Mr. Hall was at work laying a floor to a room adjoining the Doctor's house; Mr. Rogers was in the garden; Mr. Osborn and family were in the Indian room adjoining the Doctor's sitting-room; young Mr. Sales was lying sick in the family of Mr. Canfield, who was living in the blacksmith shop; young Mr. Bewley was sick in the Doctor's house; John Sager was sitting in the kitchen but partially recovered from the measles; the Doctor and Mrs. Whitman, with their three sick children, and Mrs. Osborn and her sick child, were in the dining or sitting room.

The mission buildings occupied a triangular space of ground fronting the north in a straight line, about four hundred feet in length. The Doctor's house, standing on the west end, and fronting west, was 18 x 62 feet, adobe walls; library and bedroom on south end; dining and sitting room in the middle, 18 x 24; Indian room on north end, 18 x 26; kitchen on the east side of the house, 18 x 26, fireplace in the middle, and bedroom in rear; schoolroom joining on the east of the kitchen, 18 x 30; blacksmith shop, 150 feet east; the house called the mansion on the east end of the angle, 32 x 40 feet, one and a half stories; the mill, made of wood, standing upon the old site, about four hundred feet from either house. The east and south space of ground was protected by the mill-pond and Wallawalla Creek--north front by a ditch that discharged the waste water from the mill, and served to irrigate the farm in front of the Doctor's house, which overlooked the whole. To the north and east is a high knoll, less than one-fourth of a mile distant; and directly to the north, three-fourths of a mile distant, is Mill Creek. In a military or defensive question, the premises could be easily protected from small-arms or cavalry.

While the Doctor was sitting with his family as above stated, several Indians, who had come into the kitchen, came to the door leading to the dining-room, and requested him to come into the kitchen. He did so, taking his bible in his hand, in which he was reading, and shut the door after him. Edward Sager sat down by his side and asked for medicine. Tilokaikt commenced a conversation with him, when Tamsaky, an Indian, called the Murderer, and the one that told the bishop at Wallawalla he would give him the Doctor's station, came behind him, and, drawing a pipe tomahawk from under his blanket, struck the Doctor on the back of his head. The first blow stunned him and his head fell upon his breast, but the second blow followed instantly upon the top of his head, and brought him senseless but not lifeless to the floor.

John Sager, rising up, attempted to draw a pistol; the Indians before him rushed to the door by which they had entered, crying out, "He will shoot us;" but those behind seized his arms and threw him upon the floor; at the same time he received shots from several short Hudson's Bay muskets, which had been concealed under their blankets. He was cut and gashed terribly with knives, his throat was cut, and a woolen tippet stuffed into it,--still he lingered. In the struggle, two Indians were wounded, one in the foot, the other in the hand, by each other.

Mrs. Whitman, as soon as the tumult commenced, overhearing and judging the cause, began in agony to stamp upon the floor and wring her hands, crying out, "Oh, the Indians! the Indians! That Joe (referring to Joe Lewis) has done it all!" Mrs. Osborn stepped into the Indian room with her child, and in a short time Mr. Osborn and family were secreted under the floor.

Without coming into the other rooms, the Indians left the kitchen, to aid in the dreadful destruction without. At this moment Mrs. Hays ran in from the mansion-house, and, with her assistance, Mrs. Whitman drew her dying husband into the dining-room, and placed his mangled, bleeding head upon a pillow, and did all her frightful situation would allow to stay the blood and revive him, but to no purpose. The dreadful work was done. To every question that was put to him, he would simply reply, "No," in a low whisper. After receiving the first blow, he was probably insensible.

About this time, Mr. Kimball ran into the room through the kitchen, and rushed up-stairs with a broken arm hanging by his side. He was immediately followed by Mr. Rogers, who, in addition to a wounded arm, was tomahawked in the side of the head and covered with blood. He assisted Mrs. Whitman in making fast all the doors, and in removing the sick children up-stairs.

Joe Lewis, a Roman Catholic Indian, is asserted, by those who have traced his course, to have come from Canada with the party of priests and French that crossed the plains in 1847, and by whom it is affirmed the measles were brought into the immigrant trains that year. The priests' party brought him to Boise, and there left him to find his way to Dr. Whitman's. He attempted to make arrangements with an immigrant family to come to the Wallamet, but was afterward furnished with a horse and supplies, and traveled with a Cayuse Indian. While at Boise, making his arrangements with the immigrant family, he told them there was going to be a great overturn at Dr. Whitman's and in the Wallamet. How or what the overturn was to be, the party did not learn, but supposed it might be from immigration or some change in the government of the country. He arrived at Dr. Whitman's apparently destitute of clothes and shoes. He made himself at home at once, as he could speak English, French, and a little Nez Perce. He had been at the station but a few days, before the Doctor and the two Sager boys learned that he was making disturbance among the Indians. The Doctor finding some immigrant families who wanted a teamster, furnished him with shoes and a shirt, and got him to go with them. He was gone three days, and the second night ran away from the man he had agreed to go with, and returned about the station. He spent most of his time in the lodge of Nicholas Finlay, the common resort of Stanfield and the Indians engaged in the scenes we are relating; and was the leader in the whole affair. He was seen several times approaching the windows with a gun, but when Mrs. Whitman would ask, "Joe, what do you want?" he would ran away.

The scene outside, by this time, had attained the summit of its fury. The screams of the fleeing women and children, the groans and struggles of the falling, dying victims, the roar of musketry, the whistling of balls, the blows of the war-club, the smoke of powder, the furious riding of naked, painted Indians, the unearthly yells of infuriated savages, self-maddened, like tigers, by the smell of human blood,--the legitimate fruits of Romish superstitions faithfully implanted in the savage mind.

Mrs. Whitman remained by the side of her husband, who was pale and gasping in death. Two Americans were overpowered and cut down by the crowd under her window, which drew her attention, and gave an opportunity for an Indian, that had always been treated kindly by her, to level his gun. His victim received the ball, through the window, in her right breast, and fell, uttering a single groan. In a few moments she revived, rose and went to the settee, and kneeling in prayer was heard to pray for their adopted children (the Sager family, who had lost father and mother in crossing the plains, now again to be left orphans), and for her aged father and mother in the States, that they might be sustained under this terrible shock (made a thousand-fold more so by the infamous account of it given by Sir James Douglas in his Sandwich Islands letter), which the news of her fate must occasion. Soon after this she was helped into the chamber, where were now collected Mrs. Whitman, Mrs. Hays, Miss Bewley, Catharine Sager, Messrs. Kimball and Rogers, and the three sick children.

They had scarcely gained this temporary retreat, when the crash of windows and doors, and the deafening war-whoop, tore the last hope from their fainting hearts. The rooms below were plundered of their property,--the furniture dashed to pieces and cast out. Joe Lewis was seen to be among the foremost to dash in the windows and bring out the goods. Here a deed was perpetrated similar to that of the refined and Christian Catholic people of Burgos, in Spain, when they murdered and cut up their governor for attempting to obey the law and take an invoice of church property.

The Cayuse Indian Tilokaikt went into the room where the Doctor lay yet breathing, and with his hatchet deliberately chopped his face terribly to pieces, but left him still alive. Some Indian, also, cut the face of John Sager while he was yet alive.

About this time, Joe Lewis went into the schoolroom and sought out the children, who were hid in the upper loft, and brought them into the kitchen to be shot. As Francis passed by his mangled, gasping brother, he stooped and took the woolen tippet from the gash in his throat, when John attempted to speak, but immediately expired. Upon this, Francis turned to his sister and said, "I shall soon follow my brother." The children were kept in this painful position for some time. Eliza Spalding was among them, and understood every word spoken by the Indians, who, having finished their terrible slaughter without, were filling the room and the doorways, with their guns pointed at the heads and hearts of the children, constantly yelling, "Shall we shoot?" Eliza says her blood became cold, and she could not stand, but leaned over upon the sink, covering her face with her apron, that she might not see them shoot her. From this place they were removed out of the door by the side of the Indian room, just before Mrs. Whitman was brought out to be shot.

Immediately after breaking into the house, the Indians called to Mrs. Whitman and Mr. Rogers to come down, and on receiving no answer, Tamsaky (the Indian who was the most anxious to have the bishop and his priests take the Doctor's place), started to go up-stairs, but discovering the end of an old gun (placed there by Miss Bewley), he desisted, and entered into conversation with those above. He urged them to come down, assuring them that no one should hurt them. Mrs. Whitman told him she was shot, and had not strength to come down, besides she feared they would kill her. Tamsaky expressed much sorrow on learning that Mrs. Whitman was wounded, and promised that no one should be hurt if they would come down. Mrs. Whitman replied, "If you are my friend, come up and see me." He objected, and said there were Americans hid in the chamber with arms to kill him. Mr. Rogers, standing at the head of the stairs, assured him there were none, and very soon he went up and remained some time, apparently sympathizing with the sufferers, assuring them that he was sorry for what had taken place, and urged Mrs. Whitman to come down and be taken over to the other house where the families were, intimating that the young men might destroy the house in the night. About this time the cry was heard from Joe Lewis, "We will now burn."

Mrs. Whitman was assisted down by Mr. Rogers and Mrs. Hays; on reaching the lower room, becoming faint, she was laid upon a settee, and taken through the kitchen over the dead body of young Sager, and through a crowd of Indians. As the settee passed out of the door, the word was given by the chief not to shoot the children. At this moment Mr. Rogers discovered their treachery, and had only time to drop the settee, raise his hands and exclaim, "O my God!" when a volley of guns was fired from within and without the house, part at Mrs. Whitman and part at himself. He fell upon his face, pierced with many balls.

An Indian seized Francis Sager from among the children, and Joe Lewis drew his pistol, and with the expression, "You bad boy," shot him. All manner of Indian brutality and insult were offered to the mangled bodies while they lay groaning and dying, till night closed upon the scene, and the Indians retired to Finlay's and Tilokaikt's lodges to consult as to further outrage upon the still living and helpless victims.

The Canadian-Indian, Joe Lewis, was as active in abusing the helpless girls as he had been in selecting the children of the Hudson's Bay Company's servants to be protected and sent away from such as were to be abused and slaughtered.

Mr. Kimball, the three sick children, and Catharine Sager remained in the chamber all night. Mr. Osborn lay under the floor of the Indian room till the Indians retired. He then made his escape to the fort at Wallawalla, with his family. The three men at the beef found themselves surrounded, and in the midst of a volley of balls from pistols and guns pointed at them. All three were wounded, but neither fell. They fled as best they could: Mr. Kimball to the house; Mr. Canfield to the blacksmith shop, and thence to the mansion, where he hid himself, and remained till night; then fled and reached Lapwai before Mr. Spalding did. Mr. Hall wrenched a gun, which had missed fire, from an Indian's hand, and ran for the bushes; reached the fort next morning; was put across the Columbia River by Mr. McBean's order; and was lost,--starved to death, or murdered by the Indians, we know not which. Mr. Gillan was shot upon his bench. Mr. Marsh was shot at the mill; ran a short distance toward the Doctor's house and fell. Mr. Saunders, hearing the guns, rushed to the door of the schoolroom, where he was seized by several Indians, who threw him upon the ground amid a shower of balls and tomahawks. Being a strong and active man, he rose, though wounded, and ran some rods, but was overtaken, surrounded, and cut down. Mr. Hoffman was cut down, after fighting desperately with a knife, his body cut open, and his heart and liver torn out.

In the midst of all this fury and savage shedding of blood, no children or servants of the Hudson's Bay Company, or Roman Catholics, or such as professed friendship for that faith, were harmed in the least. Finlay, a half-breed of the company's, who had formerly kept its horses, was stopping close to the station, assisting and counseling with the Indians; Joe Lewis selected the two Manson boys and a half-breed Spanish boy the Doctor had raised, and arranged to send them to the fort. Whoever this Indian was, or wherever he was from, he seems to have understood and acted fully and faithfully his part in the "great overturn" that he said, while at Boise, was to take place at that station and in the lower country. How he came to know there was to be any change or overturn is yet a secret only to be guessed at. Mr. McBean says he returned to Boise and Fort Hall; and Mr. McDonald, that he killed the guide to a company of United States troops in the mountains, and was himself shot.

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