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TRKATI
ARV
I'Al
V

BROWN'S

Political History of Oregon

PROVISIONAL GOVERNMENT.

TRKATIKS, CONVENTIONS, AND DIPLOMATIC CORRESPONDKNCK ON THE HOUND-

ARY QUESTION ; HISTORICAL, INTRODUCTION OK THE EXPLORATIONS ON THE

PACIFIC COAST; HISTORY OF THE PROVISIONAI. GOVERNMENT FROM

YEAR TO YEAR, WITH ELECTION RETURNS AND OFFICIAL REPORTS ;

HISTORY OP THE CAYUSE WAR, WITH ORIGINAL DOCUMENTS.

BY J. HKNRY BROWN,

VOLUME) I.

WTURY B. ALURN, - PUBLISHER.

PORTl,AND, OREGON:

PRESS OF THE LEWIS & DRYDKN PRINTING CO,

1892.

'' I

V. I

Kntered according to Act of Congress

in the year 1892

in the office of the Librarian of Cor.gress, by

J. Hbnry Brown.

DEDICATION.

To the intrepid men and women who braved the toils and dangers
of the journey to Oregon in the earliest days of its settlement,
whether over plains and mountains, or across the tempestuous main of
two oceans ; who, laying the foundation of the Pacific States of the
American Union, builded better than they knew, and who preserved
these broad domains to the jurisdiction of the United States, this work
is reverentially dedicated by

THE AUTHOR.

71096

PRBFACB.

IN presentiivK this volume to the public it is hartUy necessary to
say that the collection of the material and data comprising the
nmin features, and of the volumes to follow it, has been the interesting
work of years. I came to Oregon forty-five years ago, while yet a boy,
and here has been my home ever since. At the time of my arrival,
the Provisional Government had been established by the people, ami
was being maintained amidst all the difficulties and vicissitudes inci-
dent to all newly settled countries ; but here, on account of the iso-
lation of the country, the hardships both of government and people,
were severe indeed. The history of that government, I have attempted
to give in this volume. How well I have succeeded, I leave to the
considerate judgment of my readers. I have not attempted an elevated
style of writing, but have endeavored to present facts drawn from offi-
cial documents and from other authentic sources wherever obtainable,
many of which were never before published.

To the enterprising immigrants who came prior to 1848. was given
the high privilege, never to be repeated, of rocking the cradle of the
infant government, till by their nourishing and sustaining care, it could
grasp the folds of the American flag, and be received as an organized
Territory of the Union.

The founders of the Provisional Government of Oregon, were an
exceptional people and of our history. They were capable of the
the work before them, as if trained and led* forward by the hand of
Providence. They were equal to every station of developing life itnd
responsibility, from the plow in the field to the Senate of the United
States. It was my privilege to be personally acquainted with most of
these men and with the brave women who accompanied them. But
few now linger on the shore ot time ; most of them have passed beyond,
leaving their work well done. It has been my effort in this volume to
make for them some lasting record.

brown's rOUTICAL HISTORY.

I would beg leave to acknowledjje the R:reat assistance and enconr-
agenient which I have received from Hon. U. F. Grovcr, while (Gover-
nor and United States Senator ; also from Hons. S. F. Chadwick and
Rocky P. Ivarhart ( lately deceased) while severally fillitiR the im-
portant office of Secretary of State for Oregon. Also, I have been
greatly indebted to Hon. Henry H. (iilfry, clerk in the United States
Senate, for many acts of kindness ; and to Senator John H. Mitchell,
for many favors.

With these remarks, I leave the verdict with a generous and dis-
criminating public.

J. HENRY BROWN.
Portland, Oregon, 1892.

Iir-
r-
1(1
n-

es
11.

CONTKNTS

IS-

TREATIKS AND CONVENTIONS.

Orbat Britain and Spain ; United States and Great Britain ; United States Page
and Russia ; Great Britain and Russia ; United States and Great Britain ;
Uiplomatical correspondence ; Monroe to Baker ; Baker's reply ; Rush to
Adams ; Adams to Rush ; Rush's reply ; J. B. I'revost to Adams ; British
surrender of Astoria ; Russian and American controversy ; Poletica to
Adams ; Adam's reply ; Poletica to Adams ; Treaty l)etween United States
and Great Britain ; British law over Oregon ; Organization of Oregon Ter-
ritory ; Regulating fur trade ; Award of Kmperor William ; Notes i

HISTORIC AI. INTRODUCTION.

Gknkral Revikw of DrscovKRiES; Captains Kendrick and Gray ; Jona-
than Carver; Hudson's Bay Company ; President Jefferson ; Lewis and
Clarke ; Astor's fur company ; F'ounding of Astoria ; Destruction of the
Tonquin ; Hunt's expedition ; Congressional proceedings ; Gen. Jcsup's
letters ; Ashlay"s letter ; Merchant's Journal article ; Hall J. Kellcy ;
Captain Wyeth ; Methodist missionaries ; Whitman and Spalding ; Fort
Vancouver ; W. A. Slacum ; Ewing Young ; Cattle company ; Memorial
to Congress ; Congressional ; Death of Mrs. Lee ; Eastern States memo-
rials ; Arrival of the Lausanne ; Memorial to Congress ; Congressional ;
Hunt's Merchant magazine with log book of Capt. Gray ; Karly settlers
of French Prairie ; Memorial of J. Quinn Thornton ; Memorial of Mrs.
Gray 33

PROVISIONAL GOVERNMENT.

1841.

DkaTH ov EwiNii Young ; Meeting at the Methodist mission ; Second meet-
ing; Election of officers ; Rev. David Leslie appointed administrator;
Original copy of same ; Third public meeting ; Captain Wilkes and Dr.
McLoughliu . -. 81

1842.

Dr. H. White ; Oregon lyceum; Whitman's winter trip; Mr. Linn's resolu-
tion ; Lieutenant Fremont's expedition 87

1843.

PuBMC Meeting at the Institute; Meeting at Joseph Gervais ; Canadian
citizen's address; Dr. White and his credentials ; Public meeting and a
division had on the question of organization ; Legislative committee
elected; P<lection of Executive Committee; Districting of Territory;
Report of judiciary committee ; Land law ; Memorial to Congress ; Ore-
gon City controversy ; Dr. White's report ; P^xtracts from Dr. Mcl<ough-
lin's manuscript ; P'irst printing press ; PMinburg Review article ; "\Vni.
Sutton's statement ; Congressional proceedings ; Death of Senator Linn ;
Provisional Government officers 93

VI I r

HROWN S FOI.ITICAI. HIST»)RY.

1844.

Cai,i,ino ok puumc mubtinc. uv Kxbcutivk Committkkman Ukbrs ;
Organization of military compan]^ ; Letter from Captain Keizer ; Officers
of Provisional Government ; Meeting of legislative Committee ; Message
of Bxecutive Committee ; I^aw in ref^ard to free Negroes and M ulattoes ;
Second meeting of Kxecutive Committee ; Secutid meeting of Jyegislative
Committee ; Bxecutive Committee's message ; Congressional ; Senator
Allen's resolution ; Senators Murehead and Allen ; Mr. Semple's resolu-
tion of notification; President Tyler's special message; Debate on report of
committee ; Indiana l<egislatura's resoluiion ; Secretary of War's report ;
Senator Dayton s speech ; Louisville Journal ; Christian Advocate ; Cap-
tain Spaulding's report: Mr. Buchanan; John Dunn; Dr. Whitman's
letter to Secretary of War ; His proposed bill ; Secretary of War's certifi-
cate ; Mr. Benton's prediction ; Election returns of 1844 127

1845.

Election ok Govbrnur and othbr okficbrs; Meeting of the I evjislative
Committee ; Memorial to Congress ; Copy of same sent Ec. 1 by Dr.
White ; Amended organic law ; Second session of the Legislature ; Apple-
gate's resolution ; Protest against ; Pilot launch ; Law against duelling ;
Complimentary resolutions to Dr. White ; Vote rescinded and Dr. White
requested to return the papers ; His reply ; Applegate's resolution ; Con-
gressional ; President's message ; Diploniatical correspondence ; I<'ox to
Webster ; Aberdeen's note ; Webster to Fox ; Pakcnham to Upshur ; Re-
ply of U )hur ; Pakenham to Calhoun ; Protocols ; British proposals ;
Pakenha^ J and Buchanan letters ; Notes ; Election returns 158

184H.

MBMhersok Lbgisi^aturb; Gov. Abernethy's message ; Veto of liquor law;
Memorial to Congress ; Military company ; Battle Creek battle ; T^icut.
Howison's report of the wreck of the Shark ; Assistance rendered ; Cor-
respondence on the same ; His report on the country, people, resources,
etc ; Ogden and Douglas letter ; Puget Sound Agricultural Society ; Con-
gressional; Floyd's report; Blair's report on the Columbia river; Maginn's
opinion ; President's special message ; Senate proceedings on ratification
of treaty ; Provisional Government seal ; Douglas's letter on the treaty ;
Notes; Election returns and official reports 228

1847.

AbkrnkThv's RH-Kr,KCTioN ; Public meetings ; First news of the notice to
England and the treaty; Indian trouble at The Dalles; J. Quinn Thornton
goes to Washington ; Letter to the President ; Nesmith's resolution ;
Ivctter of Abernethy in regard to them ; A bill to organise Oregon Terri-
tory ; Officers of Provisional Government, etc.; Gov. Abernethy's mes-
sage; Buchanan's letter to Shively ; Benton's letter to the citizens of
(3regon ; Douglas's bill to establish a Territorial Government ; Notes ;
Caynse war; Election returns 295

1848.

President's spbciaIv mbssaoh on Oregon and the Indian war; fias-

i of ft-O-

sage of Oregon bill ; President's mesrage on the subject ; Officers
visional Government ; Meeting of the legislature ; Governor's message ;
Election of Territorial officers ; Discovery of gold in Cali^'amia ; Poetical
description of the rush to the mines ; Oregon mint ; Cuts of the " Beaver
money;" Notes; Election and official returns

43<i

1 I

Treaties and Conventions.

127

Between the Gove''nniLats of different Nations, relating to the
Nor^hucst Territories of North America.

158

Great Britain and <«pain ; United States and Great Britain ; United
States and Russia ; Great Britain and Russia ; United States and
Great Britain ; Diplomaticai. CoitRESPONDENCE,— Monroe to Baker,
Baker's replv ; Mr. Rusii to Mr. Adams ; Adams to Rush ; Mr. Rush's
REPLY ; J. B. Prevost TO Mr. Adams ; British Surrender ok Astoria ;
Russian and American Controversy ; Tuletica to Adams ; Adams'
reply; Poletica to Adams; Treaty between Unxied States and
Great Britain ; British Law over Oregon ; Organization of Oregon
Territory ; Regulating fur trade ; Award of Bmperor William ;
Notes.

228

295

43«

Convention between Great Britain and Spain, signed at the Escurial, October

28, lygo.

Article i. The buildings and tracts of land situated on the northwest coast
of the continent of North America, or on the islands adjacent to that continent,
of which the subjects of his }3ritannic Majesty were dispossessed about the month
of April, 1789, by a Spanish officer, shall be restored to the said British subjects.

Art. 2. A just reparation shall be made, according to the nature of the case,
for all acts of violence or hostility which may have been committed subsequent to
the month of April, 1789, by the subjects of either of the contracting parties against
the 'ubjects of the other ; and, in case any of the said respective subjects shall,
since the same period, have been forcibly dispossessed of their lauds, buildings,
vessels, merchandise, and other property, whatever, on the said continent, or on
the seas and islands adjacent, they shall be re-established in the possession thereof,
or a just compensation shall be made to them for the losses which they have sus-
tained.

Art. 3. In order to strengthen the bonds of friendship, and to preserve in
future a perfect harmony and good uuderstanding, between the two contracting
parties, it is agreed that their respective subjects shall not be disturbed or molested
either in navigating, or carrying on their fisheries, in the Pacific ocean or in the
South seas, or in landing on the coasts of those seas in places not already occupied,
for the purpose of carrying on their commerce with the natives of the countty, or
of making settlements there ; the whole subject, nevertheless, to the restrictions
specified in the following articles.

brown's political history.

I8I8

Art. 4. His Britannic Majesty engages to take the most effectual measures
to prevent the navigation and fishing of his subjects in the Pacific ocean or in the
South seas from being made a pretext for illicit trade with the Spanish settlements ;
and, with this view, it is moreover expressly stipulated that British subjects shall
not navigate, or carry on their fishery, in said seas, within the space of ten sea
leagues from any part of the coast already occupied by Spain.

Art. 5. As well in the places which are to be restored to the British subjects,
by virtue of the first article, as in all other ports of the northwestern coasts of North
America, or of the islands adjacent, situate to the north of the ports of the said
coast already occupied by Spain, wherever the subjects of either of the two Powers
shall have made settlements since the month of April, 1789, or shall hereafter
make any, the subjects of the other shall have free access, and shall carry on their
trade without any disturbance or molestation.

Art. 6. With respect to the eastern and western coasts of South America,
and to the islands adjacent, no settlement shall be formed hereafter, by the respect-
ive subjects, in such part of these coasts as are situated to the south of these ports
of the same coasts, and of the islands adjacent, which are already occupied by
Spain ; provided that the said respective subjects shall retain the liberty of landing
on the coasts and islands so situated, for the purposes of their fishery, and of erect-
ing thereon huts and other temporary buildings, serving only for those purposes.

Art. 7. In all cases of complaint or infraction of the articles of the present
convention, the officers of either party, without permitting themselves previously
to commit any violence or act of force, shall be bound to make an exact report of
the affair, and of its circumstances, to their respective Courts, who will terminate
such differences in an amicable manner.

Art. 8. The present convention shall be ratified and confirmed in the space
of six weeks, to be computed from the day of its signature, or sooner if it can be
done.

Convention between the United States of America and Great Britain, signed at

London, October 20, 18 18.

ArTici,e 2. It is agreed that a line drawn from the most northwestern point
of the Lake of the Woods, along the 49th parallel of north latitude, or, if the said
point shall not be in the 49th parallel of north latitude, then that a line drawn from
the acid point due north or south, as the case may be, until the said line shall in-
tersect the said parallel of north latitude, and from the point of such intersection
due west along and with the said parallel, shall be the line of demarkation between
the territories of the United States and those of His Britannic Majesty ; and that the
said line shall from the northern boundary of the said territories of the United
States, and the southern boundary of the territories of His Britannic Majesty, from
the Laks of the Woods to the Stony mountains.

Art. 3. It is agreed that any country that may be claimed by either party
on the northwest coast of America, westward of the Stony mountains, shall to-
gether with its harbors, bays, and creeks, and the navigation of all rivers within
the same, be free and open for the term of ten years from the date of the signatui i
of the present convention, to the vessels, citizens, and subjects of the two Powers ,
it being well understood that this agreement is not to be construed to the prejudice
of any claim which either of the two high contracting parties m"' have to any
part of the said country, nor shall it be taken to affect the claims of any other

i824

PROVISIONAL GOVBRNMENT.

Power or State to any part of the v^nd country ; the only object of the high con-
tracting parties, in that respect, being to prevent disputes and differences among
themselves.

Treaty of amity, settlement, and limits, between the United States and Spain,
(commonly called the Florida treaty,) signed at Washington, Feb. 22, 18/9.
Article 3. The boundary line between the two countries, west of the Missis-
sippi, shall begin on the Gulf of Mexico, at the mouth of the river Saline, in the
sea, continuing north, along the western bank of that river, to the 32d degree of
latitude ; thence, by a line due north, to the degree of latitude where it strikes the
Rio Roxo of Natchitoches, or Red river ; then, following the course of the Rio
Rozo westward, to the degree of longitude 100 west from London and 23 from
Washington ; then crossing the said Red river, and running thence, by a line due
north, to the main Arkansas ; thence following the course of the northern bank of
the Arkansas to its source in latitude 42 north ; and thence, by that p.')rallel of
latitude, to the South sea ; the whole being laid down in Melisli's map of the
United States, published at Philadelphii, improved to the ist of January, 1818.
But if the source of the Arkansas river should be found to fall north or south of
latitude 42, then the line shall run from the said source due south or north, as the
case may be, till it meets the said parallel of latitude 42, and thence, along the said
parallel, to the South sea. All the islands in the Saline, and the said Red and
Arkansas rivers, throughout the course thus described, to belong to the United
States ; but the use of the waters and the navigation of the Saline to the sea, and
of said rivers Roxo and Arkansas, throughout the extent of the said boundary, on
their respective banks, shall be common to the respective inhabitants of tx>th
nations.

The two high contracting parties agree to cede and renounce all their rights,
claims, and pretensions to the territories descried by the said lire ; that is to say,
the United States hereby cede to His Catholic Majesty, and renounce forever alJ
their rights, claims, and pretensions to the territories lying west and south of the
above described line ; and,in like manner. His Catholic Majesty cedes to the United
States all his rights, claims, and pretensions to any territories east and north of
the said line ; and for himself, his heirs, and successors, renounces all claim to the
said territories forever.

Convention between the Ignited States and Russia, signed at Saint Petersburg,

on the 5-/7 of April 1824.

Articlk I. It is agreed that, in any part of the great ocean, commonly called
the Pacific ocean, or South sea, the respective citizens or subjects of the high con-
tracting Powers shall be neither disturbed nor restrained, either in navigation or in
fi:}hing, or in the power of resorting to the coasts, upon points which may not
already have been occupied, for the purpose of trading with the natives ; saving
always the restrictions and conditions determined by the following articles :

Art. 2 With the view of preventing the rights of navigation and of fishing,
exercised upon the great ocean by the citizens and subjects of the high contracting
Powers, from becoming the pretext for an illicit trade, it is agreed that the citizens
of the United States shall not resort to any point where there is a Russian estab-
lishment, without the permission of the governor or commander ; and that, recip-
rocally, the subjects of Russia shall not resort, without permission, to any estab-
lishment of the United States upon the northwest coast.

brown's political history.

1825

Art. 3. It is, moreover, agreed that, hereafter, there shall not be formed by
the citizens of the United States, or under the authority of the said States, any
establishment upon the northwest coast of America, nor in any of the islands ad-
jacent, to the north of fifty-four minutes of north latitude ; and that, in the same
manner, there shall be none formed by Russian subjects, or under the authority of
Russia, south of the same parallel.

Art. 4. It is, nevertheless, understood, that during a term of ten years,
counting from the signature of the present convention, the ships of both Powers, or
which belong to their citizens or subjects, respectively, may reciprocally frequent,
without hindrance whatever, the interior seas, gulfs, harbors, and creeks, upon the
coast mentioned in the preceding article, for the purpose of fishing and trading
with the natives of the country.

Art. 5. All spirituous liquors, fire-arms, other arms, powder, and munitions of
war of every kind, are always excepted from this same commerce permitted by the
preceding article ; and the two Powers engage, reciprocally, neither to sell, nor
suffer them to be sold to the natives, by their respective citizens and subjects, nor
by any person who may be under their authority. It is likewise stipulated, that
this restriction shall never afford a pretext, nor be advanced, in any case, to author
ize either search or detention of the vessels, seizure of the merchandise, or, in fine,
any measure of constraint whatever, towards the merchants or crews who may
carry on this commerce ; the high contracting Powers reciprocally reserving to
themselves to determine upon the penalties to be incurred, and to inflict the pun-
ishments in case of the contravention of this article by their respective citizens or
subjects.

Convention between Great Britain and Russia, signed at Saint Petersburg,

Feb. 16-23, iS^S-

Artcle I. It is agreed that the respective subjects of the high contracting
parties shall not be troubled or molested in any part of the ocean, commonly called
the Pacific ocean, either in navigating the same, in fishing therein, or in landing
at such parts of the coast as shall not have been already occupied, in order to trade,
with the natives, under the restrictions and conditions specified in the following
articles :

Art. 2. In order to prevent the right of navigating and fishing, exercised
upon the ocean by the subjects of the high contracting parties, from becoming the
pretext for an illicit commerce, it is agreed that the subjects of His Britannic Majesty
shall not land at any place where there may be a Russian establishment, without
the permission of the governor or commandant ; and, on the other hand, that
Russian subjects shall not land, without permission, at any British establishment
on the northwest coast.

Art. 3. The line of demarkation between the possessions of the high con-
tracting parties, upon the coast of the continent, and the islands of America to the
northwest, shall be drawn in the manner following : — Commencing from the south-
ernmost point of the island called the Prince of Wales Island, which point lies in the
parallel of 54° 40' north latitude, and between the 131st and the 133d degree of west
longitude, (meridian of Greenwich), the said line shall ascend to the north along
the channel called Portland Channel, as far as the point of the continent whe it
strikes the 56th degree of north latitude. Prom this last mentioned point, the hne
of damarkation shall follow the summit of the mountains situated parallel to the
coast, as far as the point of intersection of the 141st degree of west longitude, (of

1825

PROVISIONAL GOVERNMENT.

the same meridiftn). And finally, from the said point of intersection, the said
meridian line of the i4iRt degree, in its prolongation us far as the Frozen ocean,
shall form the limit between the Russian and British possessions on the continent
of America to the northwest.

Art. 4. With reference to the line of demarkation laid down in the preceding
article, it is understood : ist. That the island called Prince of Wales Island shall
belong wholly to Russia, and. That whenever the summit of the mountains which
extend in the direction parallel to the coast, from the 56th degree of north latitude
to the point of intersection of the 141st degree of west longitude, shall prove to be
at the distance of more than ten marine leagues from the ocean, the limit between
the British possessions and the line of coast which is to belong to Russia, as above
mentioned, shall be formed by a line parallel to the windings of the coast, and
which shall never exceed the distance of ten marine leagues therefrom.

Art. 5. It is, moreover, agreed that no establishment shall be formed by
either of the two parties within the limits assigned by the two preceding articles to
the possessions of the other ; consequently British subjects shall not form any estab-
lishments either upon the coast, or upon the border of the continent comprised
within the limits of the Russian possessions, as designated in the two preceding
articles ; and, in like manner, no establishment shall be formed by Russian subjects
beyond the said limits.

Art. 6. It is understood that the subjects of His Britannic Majesty, from
whatever quarter they may arrive, whether from the ocean, or from the interior
of the continent, shall forever enjoy the right of navigating freely, and without
hindrance whatever, all the rivers and streams which, in their course towards the
Pacific ocean, may cross the line of demarkation upon the line of coast described
in article 3 of the present convention.

Art. 7. It is also understood, that, for the space of ten years from the signa-
ture of the present convention, the vessels of the two Powers, or those belonging
to their respective subjects, shall mutually be at liberty to frequent, without hin-
drance whatever, all the inland seas, gulfs, havens, and creeks, on the coast,
mentioned in article 3, for the purpose of fishing and trading with the natives.

Art. 8. The port of Sitka, or Novo Archangelsk, shall be open to the com-
merce and vessels of British subjects for the space of ten years, from the date of
the exchange of the ratification of the present convention. In the event of an ex-
tension of this term of ten years being granted to any other Power, the like exten -
siou shall be granted also to Great Britain.

Art. 9. The above mentioned liberty of commerce shall not apply to the
trade in spirituous liquors, in fire-arms, or other arms, gunpowder, or other war-
like stores ; the high contracting parties reciprocally engage not to permit the above
mentioned articles to be sold or delivered, in any manner whatever, to the natives
of tie cv.untry.

Art. 10. Every British or Russian vessel navigating the Pacific ocean, which
may be compelled by storms or by accident to take shelter in the ports of the re-
spective parties, shall be at liberty to refit therein, to provide itself with all neces-
sary stores, and to put to sea again, without paying any other than port and light-
house dues, which shall be the .same as those paid by national vessels. In case,
however, the master ot such vessel should be under the necessity of disposing of a
pari of his merchandise in order to defray his expenses, he shall conform himself to
the regulations and tariff of the place where he may have landed.

Art. II. In every case of complaint on account of an infraction of the arti-

brown's political history.

I8I4

cles of the present convention, the civil and military authorities of the high con-
tracting parties, without previously acting, or taking any forcible measure, shall
make an exact and circumstantial report of the matter to their respective Courts,
who engage to settle the same in a friendly manner, according to the principles of
justice.

Convention beiwcen the United States and Great Britain, signed at London,

August 6, 1827.

Article i. All the provisions of the third article of the convention be-
tween the United States of America and His Majesty, the King of the United
Kingdom of Great Britain and Ireland, on the 20th of October, 1818, shall be and
they are hereby, further indefinitely extended and continued in force, in the same
manner as if all the provisions of the said article were herein specifically recited.

Art. 2. It shall be competent, however, to either of the contracting parties,
in case either should think fit, at any time after the 20th of October, 1828, on giving
due notice of twelve months to the other contracting party, to annul and abrogate
this convention ; and it shall, in such case, be accordingly entirely annulled and
abrogated, after the expiration of the said term of notice.

Art. 3, /Tothing contained in this convention, or in the third article of the
convention of the 20th of October, 1818, hereby continued in force, shall be construed
to impair, or in any manner affect, the claims which either of the contracting
parties may have to any part of the country westward to the Stony or Rocky
mountains.

Treaty between Great Britain and the United States, at Ghent, December zf,

JS14.
Article i. There shall be a firm and universal peace between his Britannic
Majesty and the United States, and between their respective countries, cities, towns,
and people of every degree, without exception of places or persons. All hostilities,
both by sea and land, shall cease as soon as this treaty shall hav jn ratified by
both parties, as hereinafter mentioned. All territory, places, and possessions
whatsoever, taken by either party from the other during the war, or which may be
taken after the signing of this treaty, excepting only the island hereinafter men-
tioned, shall be restored without delay, and without causing any destruction or
carrying away any of the artillery or other public property originally captured in
the said forts or places, and whiqh shall remain therein upon the exchange of the
ratification of this trcety, or any stores or other private property. And all archives,
records, deeds, and other papers, either of a public nature or belonging to private
persons, which in the course of the war may have fallen into the hands of the
officers of either party, sb all be, as far as may be practicable, forthwith restored and
delivered to the proper authorities and persons to whom they respectively belong.
Such of the islands in the bay of Passamaquaddy as are claimed by both parties, shall
remain in the possession of the party in whose occupation they may be at the time
of exchange of the ratification of this treaty, until the decision respectiug the title
to the said islands shall have been made, in conformity with the fourth article of
this treaty. No disposition made in this treaty, as to such possession of the islands
and territories claimed by both parties, shall in any manner whatever be construed
to affect the right of either.

i8i4

1817

PROVISIONAL GOVERNMENT.

igh con-
e, shall
Courts,
iples of

Territorial claims upon the Northwest coast of America. — Secretary Monroe to
Mr. Baker, Charge de' Affairs from Great Britain.

Dbpartubnt of State, July 18, 1815.
Sir : It is represerted that an expedition which has been sent by your Gov-
ernment against a post of the United States, established on Columbia river, had
succeeded in taking possession of it. By the first article of the treaty of peace, it
is stipulated that all territory, places, and possessions whatever, taken by either
party from the other during the war, shall be restored writhout delay, with the ex-
ception of the islands in Passamaquaddy bay, which should remain in the posses-
sion of the party in whose occupation they then were, subject to the decision
provided in the fourth article. As the post on the Columbia river was taken during
the war, and is not within the exception stipulated, the United States are of course
entitled to its restitution ; measures, therefore, will be taken to re-occupy it without
delay. It is probable that your Government may have given orders for its restitu-
tion ; to prevent, however, any difficulty on the subject, I have to request that you
will have the goodness to furnish me with a letter to the British commander th re
to that effect. I have the honor to be, &c.

Anthony St. John Baker, Esq. JAMES MONROE.

Mr. Baker's Reply.

Washington, July 23, 1815.

Sir : I have had the honor to receive your letter of the i8th inst., acquainting
me that it had been represented to the American Government that a British force,
sent for that purpose, had succeeded in taking possession of the United States es-
tablishment on Columbia river, and claiming its restoration under the words of the
article of the treaty, upon the ground of its having been captured during the war ;
stating, likewise, that His Majesty's Government may have given orders for its res-
titution, but requesting with a view to prevent any difficulty on the subject, that
I will furnish a letter to that effect to the British commander ♦ihere.

As I have received no communication from His Majesty's Government on the
subject of these orders, you will readily, I am convinced, perceive the impractica-
bility of my furnishing a letter of this nature ; and although it is believed that the
post in question has been captured, of which, the American Government does not
appear to have any certain information on which to ground the claim of restitution,
yet another point, equally essential, remains in great uncertainty, viz : whether any
person whatsoever were left to retain possession of it. My impression is, that the
establishment was broken up, and the persons found there brought away. Vice
Admiral Dixon, however, the commander-in-chief of His Majesty's naval forces on
the Brazil station, in whose command the Pacific ocean is included, is no doubt in
possession of every necessary information in relation to this port, and will be able
to communicate on the subject with any authorized agent on the part of the United
States. ♦ # ^t

Sir, your most obedient and humble servant.

ANTHONY ST. JOHN BAKER.

Mr.

Bagot, Envoy Extraordinary and Minister Henipotentiary from Great
Britain, to Mr. Adams, Secretary of State.

Washington, Nov. 26, 1817.
Sir : Prom conversation which you did me the honor to hold with me two
days ago, upon the occasion of the inquiry which I thought it my duty to make,

brown's politicai. history.

I8I8

relative to the reported destination of the United States sloop of war Ontario. I
am, I presume, warranted in inferring that the information which I previously
received upon that subject is essentially correct, and that one of the .bjects of the
voyage of the Ontario is to establish a settlement in the neighborhood of the
Columbia river, on the northwest coast of America.

It will be remembered that, some months after the exchange of the ratification
of the treaty of peace, an application was made to Mr. Baker, * * claim-
ing the restitution of a port which had been held by the United States upon the
Columbia river, and which was alleged to have been captured during the war ; and
Mr. Baker requested to take steps for the purpose of facilitating its restoration. Mr.
Baker, having, in his reply, pointed out the insufficiency of the evidence on which
the claim of restitution appeared to be founded, and having represented his want
of authentic information and instructions upon the subject, referred the Secretary
of State to the British Admiral, within whose command he conceived the Pacific
ocean to be included. In consequence of this correspondence, an application was
soon afterwards made by Mr. Baker to the Governor General of Canada, in the
expectation that he might be enabled to furnish some information upon the subject
in the event of the question being again brought into discussion. From reports
then made by him, it appeared that the post in question had not been captured
during the late war, but that the Americans had retir. d from it, under an agree-
ment made with the Northwest Company, who had purchased their effects, and
who had ever since retained peaceable possession of the coast.

As it thus appears that no claim for the restitution of this post can be grounded
upon the first article of the treaty of Ghent, and as the territory was early taken
possession of in His Majesty's name, and has since considered as forming a
part of his Majesty's domains, I have to request that you will do me tlie honor to
furnish me with such explanation as you may judge proper of the object of the
Ontario, so far as it may relate to establishments upon the territory to which I refer,
in order that I may represent to his Majesty's Government, inits just point of view,
a measure in which His Majesty's rights and interests appear to be so materially
involved. I have the honor, &c.

CHARLES BAGOT. *

Extract of a letter from Mr. Rush to the Secretary of State,

L<>NroN, Feb. 14, 1818,

I am now to have the honor of stating all that paused in the conversation with
I/ord Castlereigh, on the ist of the month.

His lordship introduced in the last place, (assuaging as much as possible', by
his manner, the essential character of his remarks) the affairs of the establishment
at the mouth of the river Columbia. A dispatch from Mr. Bagot, he observed, had
acquainted the Government here with the steps lately taken by the government of
the Jnited States to repossess itself of that post ; and he had to express to me the
regret which had been felt at the measure. It was to have been wished, he inti-
mated, that, before the Ontario sailed, notice had been given to the British Minister
at Washington, of the intention to dispatch her, with a communication of the
object of her destination ; Great Britain having a claim dominion over the territory
in question. He went on to inform me that Mr. Bagot had sent in a remonstrance
upon the occasion, which, at the last dates, an answer had not been returned. His
lordship closed by saying that it was the desire of this Government to submit to
the Government of the United States a proposal that the claim of title to this first,

ili

i8i8

1818

PROVISIOXAL GOVERNMKNT.

itario. I
reviously
cts of the
xiof the

should, as in the two former instances, go before commissioners, &nd be governed,
in other respects, by the precedent of the treaty, annexing to it a tuird supple-
mental article as the groundwork of an eventual arbitration.

To his propositions and remarks, I made such replies as the nature of all, and
the novelty of some of them, appeared to demand. First, as to the settlement at
Columbia river. Having heard nothing from the Department upon the subject, I
was necessarily uninformed of what passed at Washington. I could only treat it
as my first impressions dictated. I expressed the surprise which I felt at its assum-
ing an aspect of complaint. The just grounds upon which England claimed
dominion were, I said, unknown to me. Granting that there did exist in her favor
any claim or pretence of right, was it possible that the lawfulness of the step taken
could be drawn into question ? That the spot was in oar possession before the war,
was a fact known to the world ; that it fell by beligerant capture, into the hands of
Britain, whilst it raged, was alike notorious. How, then, under a treaty which
stipulated the mutual restitution of all places reduced by arms of either party, was
our right to immediate and full repossession to be, for an instant, impugned ? I
adverted to the familiar case of Nootka Sound and the Falkland islands. Here
Great Britain, under circumstances far less strong, had asserted the undeniable
principle of which we had claimed the benefit. In fine, I knew not how to illus-
trate or justify, by argument, a measure which seemed to rest upon so broad and
indisputable a foundation of national right. It is proper, at this stage, to say that
Lord Castlereigh admitted in the most ample extent, our right to be reinstated,
and to be Ihe party in possession while treating of the title. The manner of ob-
taining it, he said, was alone to be lamented, declaring that it arose from the possi-
ble tendency which it might have to give some momentary disturbance in that
region to the general harmony subsisting between the countries. He hoped sin-
cerely this would not be the case, and added that, with a view to /orestall, by the
most prompt and practicable means, such a result, he had addressed a note to the
lords of the admiralty, and another to Lord Bathurst, Secretary of State for the
Colonial Department, desiring that the proper orders might be expedited to prevent
under what form, all hostile collision. A copy of these notes he took down and
read to me. I proceeded with further remarks. Though it was scarcely to be ex-
pected, I said, that I could yet have received information from my Government
relative to the measure, and although, in fact, nothing had reached me, I was
nevertheless abundantly confident that it had originated in no unfriendly motive
or feeling. * * Above all, I subjoined, that the use of force, as a means
of re-establishing our previous domain, had in no wise coupled itself with the in-
tentions that were formed. These assurances, I thought, appeared to go some
length towards placing the transaction in its innocent and justifiable light. Given
as they were, frankly, I hope that what I said may be found to meet the President's
approbation. I felt all the extravagance of the supposition that there had been
any deviation, on the part of the Government, in this instance, from .its wanted
respect to the rights of other nations. Lord Castlereigh did not, in any way, unfold
the nature of the British claims.

Mr. Adams' Reply.

Department of State, Washington, May 20, 1818.

* * * This accession is understood to be absolute and unconditional,

but accompanied with the suggestion of a wish on the part of the British cabinet to

try, as a previous measure, the experiment adopted for the adjustment of other

questions between the two countries, of submitting the case to the decision of com-

■ cl

brown's poutical history.

I8I8

^1!

tnissioners mutually chosen by the two parties ; submitting at the same time to the
same, or other commissioners appointed in like manner, the ascertainment and
demarkation of a boundary line from the northwest corner of the Lake of the
Woods, westward ; and the right and title of the United States to a settlement at
the mouth of the Columbia river on the Pacific ocean. * * As soon as the
President shall have come to a determination cc>ncerning it, the result will he im-
mediately communicated to you. In the meantiuio, it may be proper that you
should assure Lord Castlereigh that it was eutirely >^wmg to accident, and to the
communications which had previously passed between the late Secretary of State
and Mr. Baker, concerning the restitution of the post at the mouth of the Columbia
river, that the Ontario was dispatched for the purpose ot resuming our possession
tuere, without giving notice of the expedition to Mr. Bagot and to his Government.
C. pies of these communications are herewith enclosed, from which it was con-
cluded that no authorized English establishment existed at that place ; and as they
intimated, no question whatever of the title of the United States to the settlement
which existed there before the late wa-. it did not occur that any such question
had since arisen which could make it an object of interest to Great Britain. You
are authorized to add, that notice of the departure of the Ontario, and of the object
of her voyage would nevertheless have been given, but that the expedition was
determined, and the vessel dispatched, during the President's absence from the
scat of Government lust season.

These explanations have already been given to Mr. Bagot, who has expressed
himself entirely satisfied with them, and his conviction that they will be equally
satisfactory to his Government. As it was not anticipated that any disposition
existed in the British Government to start questions of title with us on the borders
of the South sea, we could have no possible motive for reserve or concealment
with regard to the expedition of the Ontario. In suggesting these ideas to Lord
Castlereigh, rather in conversation than in any more formal manner, it may be
proper to remark the minuteness of the present interests, either of Great Britain,
or to the United States, involved in this concern ; and the unwillingness, for that
reason, of this Government to include it among the objects Of serious discussion
with them. At the same time you might give him to understand, though not
unless in a manner to avoid everything offensive in the suggestion, that, from the
nature of things, if in the course of future events it should ever become an object
of serious importance to the United States, it can scarcely be supposed that Great
Britain would find it useful or advisable to resist their claim to possession by syste-
matic opposition. If the United States leave her in undisturbed enjoyment of all
her holds upon Europe, Asia and Africa, with all her actual possessions in this
hemisphere, we may fairly expect that she will not think it consistent either with
a wise, or friendly policy to watch with eyes of jealousy and alarm every possibility
of extension to our natural dominion in North America, which she can have no
solid interest to prevent, until all possibility of lier preventing it shall have van-
ished.

Mr. Rush to Mr. Adams.

London, July 25, 1818.
^^ * I began the conversation by affording the explanatioa embraced in
your dispatch, respecting the Ontario's \oyage to the mouth of the Columbia. In
the course of them, I particularly dwelt, according to your instruction, upon the
correspondence which took place between the Secretary of State and Mr. Baker
soon after the peace, in which the latter never made a question as to the valid citle,

i8i8

PROVISIONAI. GOVERNMENT.

of the United States, or intimated the existence of any authorized establishment at
that port, on the part of Great Britain before the war. His lordship said nothing
in reply, though, it appeared to me that the explanation was satisfactory to him,
removing as it does all grounds of complaint.

J. B. Prevosl, IL s. Commercial Afi^ent to Secretary of State.

Monte Rey, New Caufornia, Nov. ii, i8i8.

Sir : In conformity with mine of 27th July, which I had the honor to address
to your Department from Lima, I proceeded in His Britannic Majesty s sloop of war
Blossom to the mouth of the Columbia, and entered tV a river on the ist of October
following. A few days thereafter, to-wit, on the 6th, as you will perceive by re-
ferring to a copy of the act of surrender, (marked A.) I received in the name and
on the part of the United States, the possession of the establishment at Fort
George, made under the first article of the treaty of Ghent, by Captain Hickey, of
the royal navy, in compliance with the orders of the Prince Regent for that pur-
pose, signified to him through the medium of Earl Bathurst. The British flag
was thereupon lowered, and that of the United States hoisted in its stead, where it
now waves in token both of possession and sovereignty.

The establishment, has been considerably extended and improved by the
agents of the Northwest Company of Canada, who will continue to occupy and
protect it under our flag, until it shall please the President to give orders for their
removal. I will, however, suggest that, when this disposition shall take place,
time ought to be granted in a ratio with the distance, to enable them to obtain the
means of transporting the private property deposited there, consisting of dry goods,
furs, and implements of war, to a large amount. Shortly aft;er the ceremony and
surrender, 1 received a note (No. x,) on this subject from Mr. Keith, the gentle-
man whose signature accompanies that of Capt. Hickey, which together with a copy
of my answer, (No. 2,) is submitted for your inspection. A sense of justice would
have dictated the assurances I have given him in reply ; but I had a further motive,
which was that of subsiding the apprehensions excited by the abrupt visit of the
Ontario. It appeared to me prudent, in this viiew, to take notice of the suggestion
relative to a discussion of boundary, and, in answering, to avoid any intimation of
immediate or of future removal, or either might have induced him to form a settle-
ment elsewhere on the river, and thus give rise to collisions between the two
Governments which may now be wholly avoided.

The bay is spacious, contains several anchoring places in a suflicieut depth of
water, and is by no means so difficult of ingress as has been represented. Those
enjoying the exclusive commerce have probably cherished an impression so favor-
able to its continuance, growing out of the incomplete survey of Lieut. Broughton,
made under the orders of Vancouver, in 1 792. It is true that there is a bar extending
across the month of the river, at either extremity of which are, at times, appauling
breakers ; but it is equally true that it offers, at the lowest tides, a depth of twenty-
one feet of water throughout a passage exempt from them of nearly a league in
width. Tlie Blossom, carrying more guns than the Ontario, encountering a
change of wind while in the channel, was compelled to let go anchor, and, when
again weighed, to tack and beat in order to reach the harbor, yet found a greater
depth, and met no difficulty cither then or on leaving the bay. The survey marked
C^ may be relied on for its accuracy. The bearings, distances, and soundings
were taken by[Captain Hickey, who was kind enough to lend himself to the examin-

I Omitted.

brown's political history.

1818

ation, and furnish me with the result. It is the more interesting as it shows thai
with the aid of buoys, the access to vessels of almost any tonnage, may be renderd se-
•cure. In addition to this, it is susceptible of entire defence, because a ship after
passing the bar, in order to avoid the breaking of the sea, on one of the banks, is
obliged to bear up directly for the knoll forming the cape, at all times, to approach
within a short distance of its base, and most frequently then to anchor. Thus a
small battery erected on this point, in conjunction with the surges on the opposite
side would so endanger the approach is to deter an enemy, however hardy from
the attempt.

This outlet, the only one between the thirty-eight and fifty-third degrees of
latitude, embraces the entire range of country from the ocean to the mountains,
and its interior unites the advantage of a water cummunication throughout by
means of the many streams tributary to the Columbia ; two of which disembogue
opposite to each other, within twenty-five leagues of the post, one navigable, and
nearly of equal magnitude with this beautiful river. The ocean teems with the
otter {tnustela,) the seal, and the whale ; while the main land affords, in innumer-
able quantities the common otter, {musk,) the bear, the buffalo, and the whole
variety of deer.

It has been observed by those exploring this coast that the climate to the
southward of 53° assumes a mildness unknown in the same latitude on the eastern
side of the continent. Without digressing to speculate upon the cause, I will
merely state that such is particularly the fact in 46° 16', the site of Fort George.
The mercury during the winter seldom descends below freezing point ; when it
does so, it is rarely stationary for any number of days, and the severity of the sea-
son is more determined by the quantity of water than by its congelation. The rains
usually commence in November, and continue to fall partially until the latter end
of March or the beginning of April. A benign spring succeeds ; and when the
summers heats obtain, they are so tempered by showers as seldom to suspend vegeta-
tion. I found it luxuriant on my arrival, and during a fortnight's stay, experienced
no change of weather to retard its course. The soil is good ; all the cereal, gram-
ina, and tuberous plants may be cultivated with advantage, and the waters abound
in salmon, sturgeon and other fish.

The natives in appearance as well as in character, differ essentially from those
with us. They are less in stature, more delicately formed, and singular in the
shape of the head, which, in infancy, is compressed between two small plates of
wood or metal, so as in its growth to obtain the semblance of a wedge. They are
inquisitive, cheerful, sagacious, possess fewer of the vices attributed to the savage,
and are less adicted tu cruelties in war ; scalping is unknown to them, and a
prisoner suffers the infliction of no other punishment than that of becoming a slave
to the captor ; but as they neither sow or reap, an observer cannot easily discern in
what the servitude consists. The wants of the one are supplied by his own address
in the use of the bow and the spear, while those of the other require the same
efforts and equal skill for their gratification.

The language on the side of the falls bears a strong pnalogy to that of Nootka,
so much so, that, with the aid of a Spanish vocabulary of the latter, accompanying
the voyage of Voldes, I could, notwithstanding the imperfection in this mode of
conveying and obtaining sounds, express my wants and be perfectly understood.
I met with several of the natives who had heretofore volunteered on board of some
one of our vessels in their fur excursions, two of whom had acquired a sufficient
knowledge of our language to speak it with some ease, and were extremely solicit-
ous to embark with us.

m
o\
cc

i8i8

t shows thai

e reoderd se-

a ship after

he banks, is

to approach

■lor. Thus a

the opposite

hardy from

d degrees of
mountains,
oughout by
disembogue
^^igable, and
ms with the
in innumer-
the whole

mate to the
the eastern
luse, I will
3rt George.
It ; when it
of the sea-
The rains
2 latter end
d when the
end vegeta-
xperienced
real, gram-
ers abound

from those
liar in the
1 plates of
They are
he savage,
im, and a
ingaslave
discern in
'D address
the same

f Nootka,
iipanying
mode of
derstood.
I of some
iuflScient
ysolicit-

1818

PROVISIONAI, GOVERNMENT.

I regret that I could not collect sufficient datn upon which to ground an esti-
mate of the fur gathered on the Columbia ; it was impossible, for reasons that are
obvious. Hi'mboldt has undertaken to number those of the otter taken on the
coast and shipped to China, of which he assigns five-sixths to the Americans ; he
may be correct in the quantity, but I doubt whether the proportion be quite so great,
as it frequently happens that the English adventurers confide his stock to our
countrymen in order to participate in the benefits of a market, from a direct inter-
course with which he is excluded by the laws of his country.

* * I shall now conclude with the relation of an occurrence which may
and ought to influence the course to be adopted and pursued as to this station.
The speculations of Humboldt, his glowing description of the soil and climate of
this province, have probably given a new direction to the ambition of Russia, and
determined its Emperor to the acquisition of empire in America. Until 1816, the
settlements of this Power did not reach to the southward of 55°,' and were of no
consideration, although dignified by them with the title of Russian-America. In
the commencement of that year, two distinct establishments were made, of a differ-
ent and more imposing character ; the first at Atooi, one of the Sandwich islands ;
the other in this vicinity, within a few leagues of San Francisco, the most northerly
possession of Spain, in 37° 56'. The sketch I subjoin, marked D^ was procured
from a member of the Government at this place ; from whom I also learned that
its augmentation has since become so considerable as to excite serious alarm. Two
Russian ships lefl this port on their way thither a few days anterior to our arrival; one
having on board mechanics of every description, together with implements of hus-
bandry. We passed sufficiently near the spot assigned to it to distinguish the
coast with some precision, and ascertain that it was an open road — a circumstance
that renders the position liable t<j many objections, if intended to be permanent ;
in other respects, the choice is judicious for an infant colony. It enjoys a climate
still milder than that of Columbia, is environed by a beautiful country, and its
proximity to an old settlement enables the Russians to partake of the numerous
herds of black cattle and horses that have been multiplying for the last fitly } ears.
The port of St. Francis is one of the most convenient, extensive, and safe in the
world, wholly without defence, and in the neighborhood of a feeble, diffused and
disaflfected population. Under all these circumstances, may we not infer views to
the early possession of this harbor, and ultimately to the sovereignty of entire Cal-
ifornia? Surely the growth of a race on these shores, scarcely emerging from the
savage state, guided by a chief who seeks not to emancipate, but to enthrall, is an
event to be deprecated — an event,, the mere apprehension of which ought to excite
the jealousies of the United States, so far at least, as to induce the cautionary
measure of preserving a station which may serve as a birrierto a nprthern aggran-
dizement.

I have not been able to gather o* information respecting the settlement at
Ato' i than that of an assurance of its existence — a fact corroborated by the visit of
two ships to those islands in their route hither. The Russians are not yet such
ente- prising u^vigators as to augment sea risks by extending a voyage several
thousand miles without an object. Such was the ca<«e in this instance, unless con-
nected with the settlement, as they had sailed from Lima abundantly supplied a
few weeks prior to my visit to that city in April last.

These islands yield the sandal wood, so much esteemed in China, and have

1 Chart of the discoveries of Russian navigators, published by order of the Emperor in 1802 ;
referred to by Humboldt, in his view of New Spain ; translated p. 270. vol. 2. (Note).

2 Omitted.

«4

brown's political history.

I8I8

i I

been resorted to by our vessels for years past, not only in search of this valuable
article, but of the necessary stock of fresh provisions to supply the crew during
their cruise on the northwest coast. How far this intercourse may be affected by
this encroachment, is also a subject for the consideration of the President.

I take the liberty to enclose a note marked H, of the authorities, Spanish as
well as English, that have fallen under my view, illustrating the discovery of the
Columbia by Mr. Gray, in 1793. Its subsequent occupation in i8ti, by which the
soverignty of the United States was completed, to the exclusion of any European
claimant, is a fact of which the surrender of the sole establishment on the river is
conclusive evidence. I have the honor, &c.

J. B. PREVOST..
A.
Acl of surrender and acknowledgement.
In obedience to the commands of His Royal Highness the Prince Regent, tW
nified in a dispatch from the rit . honorable Earl Batburst, addressed to the
partners of the Northwest Compat bearing date 27th January, 1818, and in obed-
ience to subsequent orders, dated . ,th July last, from Wm. H. Sheriff; Esquire,
Captain of His Majesty's ship Andromache, we, the undersigned, do .11 conformity
to the first article of the treaty of Ghent, restore to the Govemmeul of the United
States, through its agent, J. B. Prevost, Esquire, the settlement of Fort George on
the river Columbia.

Given under our hands, in triplicate, at Fort George, Columbia river, this 6th
of October, 1818. F. HICKEY,

Captain of His Majesty's ship Blossom.
JAMES KEITH,
Of the Sorthwest Company.
I do hereby acknowledge to have this day received, on behalf of the Govern-
ment of the United States, the possession of the settlement designated above, in
conformity to the first article of the treaty of Ghent.

Given under my hand in triplicate, at Fort George, Columbia river, this 6th
of October, 1818. " J. B. PREVOST,

Agent for the United States.
No. I.

Mr. Keith to Mr. Prevost.

Fort Georce, Columbia River, Oct. 6, 18/8.

Sir : — Now thatjthe restitution and the settlement have been made, and that
the Northwest Company are still allowed to occupy it in the prosecution of their
commercial pursuits, permit me to submit to you the following important
queries, to which I request a candid and implicit reply : ^Vhether or not you feel
authorized, on behalf of the United States, to tender me any assistance, or to
afford any security, that no abandonment or relinquishment of said settlement
will be claimed by your Government in favor of any of its subjects, to the eject-
ment and exclusion of said Northwest Company, prior to the final decision of the
right of sovereignty being confirmed to the United States, may the Northwest
Company implicitly rely on the justice and equity of your Government, that
adequate allowance will be made for any extension or amelioration of aforesaid
settlement, or of the trade dependent thereon, of which circumstances may from
time to time suggest the propriety ? I have the honor, &c.,

J. B. Prevost, Esq. JAMES KEITH,

Acting for self and Northwest Company.

I8i8

l832

PROVISIONAL GOVERNMENT.

this valuable
crew during

>e affrcted by

dent.

■», Spanish as
covery of the
by which the
ny European
>n the river is

5V0ST..

Regpnt, sip
essed to the
and in obed-
fiff, Esquire,
1 conformity
f the United
t George on

ver, this 6th

SY,

blossom.

'H.

'fnpany.

;he Govern -

d above, in

er, this 6th

States.

. /8/8.
■, and that
n of their
important
>t you feel
ice, or to
ettlement
the eject-
ion of the
rorthwest
lent, that
aforesaid
lay from

ipany.

No. 2.
Fort Gkorgk, Columbia River , (hi. 6, iSiS.

Sir : — In answer to your note of this morning, I have the honor to state that
the principal object of the President in sending me thus far was to obtain such
information of the place, of its access, and of its commercial iniportaiict , a» it
might enable him to submit to the consideration of Congress measures for the
protection and extension of the establishment. From hence you will perceive
that, until the sense of the Goveniment may be taken upon my report, \ny assur-
ance, I might offer to meet the wishes expressed by you would be as unauthorized
as unavailing. I, however, sir, have no hesitation in saying that, should it here-
after comport with the views of the nation to foster the settlement, any claim of
the Northwest Company, justified by the usages of nations, will be liquidated
with great liberality ; and that, should its policy induce a system of exclusion, it
will never extend to your removal without sufficient notice to prevent loss and
injury to|the company.

I cannot take my leave, sir, without expressing my approbation of the man-
ner in which an establishment so precarious has been managed, nor without
offering a hope that the same judicious course may be pursued under the
change of flag for its success, until the pleasure of the President can be known.

James Kkith, &c. J. B. PRKVOST.

E.
Notes and Authorities.

Relacion del Viore Heclo por los Goletos Sutie y Mexicana, in 1792, pub-
lished in 1802, page 157.

Introduction to|same, page 95.

Chartjaccompanying the work, in which the mouth of the Columbia is stated
only as an entrance "seen" by Heceta and Quadra, to whom the discovery is
ascribed. Manrelle, the pilot, published an account of the voyage. This work
has been translated by Barrington, and is referred to in the instructions to
La Perouse.

Vancouver, ist vol. quarto edition, 210, 214, 215.

2d vol. 74, observations incorporated with the report of Lt. Broughton Mears,
who also perceived indent, but could discover no entrance, and examined the
northern point "Disappointment" whichjjit still leaves.

RUSSIAN AND AMERICAN CONTROVERSY.

The Chevalier de Poletica to the Secretary of State.

Washington, Jan. jo, [February //.] 1822.

The undersigned Envoy Extraordinary and Minister Plenipotentiary, of His
Majesty the Emperor of all the Russias, in consequence of orders which have
lately reached him, hastens herev;ith to tn nsmit to Mr. Adams, the Secretary of
State, a printed copy of the iegula>.l'.,iii adopted by the Russian- American'Com-
pany, and sanctioned by Hisj£lmi>^.ial Majesty, relative to foreign commerce in
the waters bordering the establishments of the said company on the northwest
coast of America.

The undersigned conceives it. to be, moreover, his duty to inform Mr. Adams
that the Imperial Government, in adopting the regulations, supposes that a

brown's political history.

1822

. II

foreign ship, which shall have sailed from a European port after the ist of
March, 1822, or from one of the ports of the United States after the first of July
of the same year, cannot lawfully pretend ignorance of these new measures.

The undersigned &c.,

PIERRE DE POLETICA.
Rules established for the limits of navigation and order of communication * *

the northwest coaat of America.

Section i. The pursuits of commerce, whaling, and fishery, and of all
other industry, on all islands, ports, and gulfs, including the whole of the north-
west coast of America, beginning from Behring's straits to the 51st degree of north
latitude, also from the Aleutian islands to the eastern coast of Siberia, as well as
along the Kenile islands from Behring's straits to the south cape of the island of
Ump, viz : to 45° 50' northern latitude, are exclusively granted to Russian
subjects.

Sec. 2. It is therefore prohibited to all foreign vessels not only to land on
the coasts and islands belonging to Russia, as stated above, but also to approach
them within less than a hundred Italian miles. The transgressor's vessel is sub-
ject to confiscation, along with the whole cargo.

Sec. 14. It is likewise interdicted to foreign ships to carry on any traffic or
barter with tho tiatives of the islands and of the northwest coast of America, in
the whole extent hereabove mentioned. A ship convicted of this trade shall be
confiscated. (60 other sections.)

The Secretary of State to Mr. Poletica.
Department oe State, Washington^ Feb. 5, 1822.

Sir: * * I am directed by the President of the United States to inform you
that he has seen with surprise, in this edict, the assertion of a territorial claira on
the part of Russia, extending to the fifty-first degree of north latitude on this con-
tinent, and a regulation interdicting all commercial vessels other than Russia,
upon the penalty of seizure is made to apply. The relations of the United States
with His Imperial Majesty's have always been of the most friendly character,
and it is the earnest desire of this Government to preserve them in that state. It
was expected, before any act which should define the boundary between the ter-
ritories of the United States and Russia on this continent, that the aame would
have been arranged by treaty between the parties. To exclude the vessels of our
citizens from the shores beyond the ordinary distances to which the territorial
jurisdiction extends, has excited still greater surprise.

This ordinance affects so deeply the rights of the United States and of our
citizens, that I am instructed to inquire whether you are authorized to give
explanation of the grounds of right upon the principles generally recognized by
the laws and usages of nations, which can warrant the claims and regulations
contained in it.

I assure you of my distinguished consideration.

JOHN QUINCY ADAMS.

The Chevalier de Poletica to the Secretary of State.

Washington, Feb. 28, 1822.
Sir — * * Readily yielding, sir, to the desire expressed by you in your
letter of knowing the rights and principles upon which are founded the deter-

■■■IIHII

the 1st of
first of July
sures.

[.ETICA.
ation * *

and of all

the north-

ree of north

, as well as

he island of

to Russian

to land on
:o approach
sssel is sub-

ly traffic or
A^merica, in
ide shall be

r, 1822.

inform you
al claira on
jn this con-
an Russia,
lited States

character,
it state. It
:en the ter-
lame would
ssels of our

territorial

and of our
;ed to give
ognized by
regulations

VDAMS.

, 1822.

3U in your

the deter-

1822

PROVISIONAL GOVERNMENT.

minate limits of the Russian possessions on the northwest coast of America, from
Behring's strait to the fifty -first degree of north latitude, I am happy to fulfill
this task by only caUing your attention to the following historical facts, the
authenticity of which cannot be contested.

The first discoveries of the Russians on the northwest continent of America
go back to the time of the Emperor Peter I. They belong to the attempt made
towards the end of the reign of this great monarch to find a passage from the
Icy sea into the Pacific ocean.

In 1728 the celebrated Captain Behring made his first voyage. The recital
of his di8co\°ries attracted the attention of the Government, and the Empress
Anne Entrusted to Captain Behring ( 1741 ) a new expedition in these same lati-
tudes. She sent with him the academicians Gemelin, Delile dela Crayere, Mullet,
Steller, \Fisher, Krosilnicojff, Kraecheninicoff, and others ; and the first chart
of these countries which is known, was the result of their labors, published in
1758. Besides the strait which bears the name of the chief of this expedition,
he discovered the great part of the islands which are found between the two
continents : Cape or Mount St. Elias, which still bears this name upon all charts,
was so called by Captain Behring, who discovered it on the day of the feast of
this saint): and his second, Captain Tchiricoff, pushed his discoveries as far as
the fifty-ninth degree of north latitude.

The first private expeditions undertaken upon the northwest coast of America
go back asjfar as the year 1743.

In 1763, the Russian establishments had already extended as far as the island
of Kodiak ( or Kichtak ). In 1778, Cook found them at Ounalaska, and some
Russian inscriptions at Kodiak. Vancouver saw the Russians' establishment in
the bay of Kinai. In fine, Captains Mears, Porttuck and La Perous<j unanimously
attest the existence of Russian establishments in these latitudes.

If the Imperial Government had at the time published the discoveries made
bj' the Russian navigators after Behring and Tchiricoff (viz. , Chivelilofif and others )
no one could refuse to Russia the right of first discovery, nor could even any one
deny her that of first occupation.

Moreover, when D. Jose Martinez was sent, in 1789, by the court of Madrid,
to form an establishment |in Vancouver's island, and to remove foreigners from
there under the pretext that all that coast belonged to Spain, he gave not the
least disturbance to the Russian colonies and navigators ; yet the Spanish Gov-
ernment was not ignorant of their existence, for this very Martinez had visited
them the year before. The report which Captain Malespina made of the results
of his voyage proves that the Spaniards very well knew of the Russian colonies,
and in this very report, it is seen that the court of Madrid acknowledged that
its possessions upon the coast of the Pacific ocean ought not to extend to the
north of Cape Blanc, taken from [the point of Trinity, situated under 42° 51 ' of
north latitude.

When, in 1799, the Emperor Paul I. granted to the present American Com-
pany its first charter, he ga"e it the exclusive possession of the northwest coast
of America which belonged to Russia from the fifty-fifth degree of north latitude
to Behring's strait. He permitted them to extend their discoveries to the south,
and vliere to form establishments, provided they did not encroach upon the terri-
tory occupied by other powers.

This act, when made public, excited no claim on the part of other cabinets,
not even on that of Madrid, which confirms that it did not extend its pretensions
to the sixtieth degree.

brown's poIvITical history.

1822

I !■

( I

;

When the Government of the United States treated with Spain for the ces-
sion of a part of the northwest coast, it was able to acouire, by the treaty of
Washington, the right of all that belonged to the Spaniards north of the fort}'-
second degree of latitude ; but this treaty says nothing positively concerning the
northern boundary of this cession, because, in fact, Spain well knew that she
could not say that the coast as far as the sixtieth degree belonged to her.

From this faithful exposition of known facts, it is easy, sir, as it appears to
me, to draw the conclusion that the rights of Russia to the extent of the north-
west coast, specified in the regulations of the Russian- American Company, rests
upon the three bases required by the general Jlaw of nations and immemorial
usage amrong nations — that is, upon the title of first discovery ; upon the title of
first occupation ; and, in the last place, upon that which results from a peaceable
and uncontested possession of more than half a century — an epoch, conse-
quently, several years anterior to' that when the United States took their place
among the independent nations.

It is, n"--°over, evident, that if the right of the possessions of a certain ex-
tent of the w^ilhwest coast of America, claimed by the United States, only
devolved upon them in virtue of the treaty of Washington, the 22d of February,
1819 ( I believe it would be difficult to make good any other title), this treaty
could not confer upon the same coast, because Spain herself had never pretended
to similar rights.

The Imperial Government, in assigning for limits to the Russian possessions
on the northwest coast of America, on the one side ot Behring's strait, and on
the other the fifty-first degree of north latitude, has only made a moderate use of
an incontestable right ; since the Russian navigators, who were first to explore
that part of the American continent, in 1741, pushed their discoveries as far as
the fifty-ninth degree of north latitude. The fifty-first degree therefore, is no
more than a mean point between the Russian establishment of New Archangel,
situated under the fifty-seventh degree, and the American colony at the mouth of
the Columbia, which is found under the forty-sixth degree of the same latitude.

All these considerations united have concurred in inspiring the Imperial
Government with the entire conviction that, in the last arrangements adopted in
Russia relative to her possessions on the northwest coast, the legitimate right of
no foreign Power has been infringed. In this conviction, the Emperor, my
august sovereign, has judged that his good right, and the obligation imposed by
Providence upon him to protect with all his power the interests of his subjects,
sufficiently justified the measure last taken by His Imperial Majesty in favor of
the Russian- American Company, without it being necessary to clothe them with
the sanction of treaties.

I shall be more succinct, sir, in the exposition of the motives which deter-
mined the Imperial Government to prohibit foreign vessels from approaching the
northwest coast of America belonging to Russia within the distance of at least
one hundred miles. This measure, however severe it may at first view appear, is,
after all , but a measure of prevention. It is exclusively directed against enter-
prises of foreign adventurers, who, not content with exercising upon the coasts
above mentioned an illicit trade very prejudicial to the rights reserved entirely to
the Russian- American Company, taken upon them besides to furnish arms and
ammunition to the natives in the Russian possessions in America, exciting them
likewise in every manner to resistance and revolt against the authorities there
established.

l822

1822

PROVISIONAL GOVERNMENT.

n for the ces-
the treaty of
of the fortj'-

onceniing the

new that she

) her.

it appears to
of the north-
)mpany, rests
immemorial
m the title of
n a peaceable
poch, conse-
k their place

a certain ex-
States, only
of February,
) , this treaty
ver pretended

11 possessions
strait, and on
•derate use of
rst to explore
ries as far as
erefore, is no
w Archangel,
the mouth of
ne latitude.

the Imperial
ts adopted in
nate right of
Bmperor, my
I imposed by
his subjects,
ty in favor of
lie them with

which deter-
)roaching the
:e of at least
;w appear, is,
gainst enter-
»n the coasts
;d entirely to
sh arms and
Kciting them
lorities there

The American Government doubtless recollects that the irregular conduct of
these adventurers, the majority of whom are composed of American citizens, has
been the object of most pressing remonstrances on the part of Russia to the
Federal Government from the time that diplomatic missions were organized be-
tween the two countries. The \e remonstrances, repeated at different times, re-
main constantly without effec'., and the inconveniences to which they ought to
bring a remedy continue to inf /ease.

The Imperial Govemmeni , respecting the intention of the American Govern-
ment, has always abstained from attributing the ill success of its remonstrances
to any other motives than those which flow ( if I may be allowed to the ex-
pression ) from the very nature of the institutions which govern the national
affairs of the American federation. But the jhigh opinion which the Emperor
has always entertained of the rectitude of the American Government, cannot ex-
empt from the care with his sense of justice towards his own subjects imposes
upon him. Pacif c means not Jhaving brought 'any alleviation to the just griev-
ances of the Russian- American Company against foreign navigators in the waters
which environ their establishments on the northwest coast of America, the Im-
perial Government saw itself under the necessity of having recourse to the
means of coercion , and of measuring the rigor according to the inveterate char-
acter of the evil to which it wished to put a stop. Yet it is easy to discover, on
examining closely the last regulation of the Russian- American Company, that no
spirit of hostility had anything to do with its formation. The most minute
precautions have been taken in it to prevent abuses of authority on the part of
commanders of Russian cruisers appointed for the execution of said regula-
tions. * * *

I ought, in the last place, to [request you to consider, sir, that the Russian
possessions on the Pacific ocean extend, on the northwest coast of America, from
Behring's strait to the [fiftj'-first Jdegree of north latitude, and on the opposite
side of Asia, and the islands adjacent, from the same strait to the forty-fifth de-
gree. The extent of sea, of which these possessions form the limits, comprehend
all the conditions 'which are ordinarily attached to s/itil seas, ( mers /ermeis, )
and the Russian Government might consequently judge itself authorized to exer-
cise upon this sea the right of sovereignty, and especially that of entirely inter-
dicting the entrance of foreigners. * *

I have the honor, etc. , PIERRE DE POLETICA.

The Secretary of State to Mr. Poletica.
DeparTmknt ok State, Washington, March 30, 1822.

Sir : — I have the honor of receiving your letter of 28th ult. , which has been
submitted to the consideration of the President.

From the deduction which it contains of the grounds upon which articles of
regulations of the Russian -American Company have now, for the first time, ex-
tended the claim of Russia on the tiorthwest coast of America to the fifty-first
degree of north latitude, its only foundation appears to be a small settlement of
Novo Archangelsk, situated, not on the American continent, but upon a small
island in latitude 57° ; and the principle upon which you state that this claim is
now advanced is, that the fifty-first degree is equidistant from that settlement of
Novo Archangelsk and the establishment of the United States at the mouth of
Columbia river. But from the same statement, it appears that, in the year 1799,
the limits prescribed by the Emperor Paul to the Russian- American Company
were fixed at the'fifty-fifth degree of latitude, and that, in assuming now the lati-

!■

1 ■ I
■ 1

brown's political history.

1822

tude 51°, a new pretension is asserted, to which no settlement made since the
year 1799 has given the color of sanction.

This pretension is to be considered not only with reference to the question of
territorial right, but also to that prohibition to the vessels of other nations, in-
cluding those of the United States, to approach within one hundred Italian miles
of the coast. From the period of the existence of the United States as an inde-
pendent nation, their vessels have freely navigated the seas, and the right to
navigate them is a part of that independence.

With regard to the suggestion that the Russian Government might have
justified the exercise of sovereignty over the Pacific ocean as a close sea, because it
claims territory both on its American and Asiatic shores, it may suffice to say
that the distance from shore to shore on this sea, in latitude 51° north, is not less
than ninety degrees of longitude, or four thousand miles.

As little can the United States accede to the justice of the reason assigned for
the prohibition above mentioned. The right of the citizens of the United States
to hold commerce with the aborignal natives of the northwest coast of America,
without the territorial jurisdiction of other nations, even in arms and munitions
of war, is as clear and indisputable as that of navigating the seas. That right has
never been exercised in a spirit unfriendly to Russia ; and although general com-
plaints have occa iionally been made on the subject of this commerce by some
of your predecessors, no specific ground of charges has ever been alleged by them
of any transaction in it which the United States were, by the ordinary laws and
usages of nations, bound either to restrain or punish. Had any such charge been
made, it would have received the most pointed attention of this Government,
with the sincerest and firmest disposition to perform every act and obligation of
justice to yours which could have been required. I am commanded by the Presi-
dent of the United States to assure you that this disposition will continue to be
entertained together with the earnest desire that the most harmonious relations
between the two countries may be preserved.

Relying on the assurance in your note of similar dispositions reciprocally
entertained by His Imperial Majesty toward the United States, the President is
persuaded that the citizens of this Union will remain unmolested in the prosecu-
tion of their lawful commerce, and that no effort will be given to an interdiction
manifestly incompatible with their rights. I am &c. ,

JOHN QUINCY ADAMS.

Extract from Chevalier de Poletica to Secretary of State.

Washington, March 21, [April 2] 1822.

Sir : — In the first official letter which I had the honor of addressing to you,
I thought I had succeeded in clearly demonstrating that the rights of Russia to
the possession of a certain extent of the northwest coast of America, as far as
these rights can be rendered legitimate by the first dicovery, the first occupation,
and a possession not contested for more than half a century — that these rights, I
say, go back to times considerably earlier than the reign of the Emperior
Paul I.

When this soverign granted, in 1799, to the Russian-American Compan}' its
first charter of incorporation, there had never been a question about abandoning
to that company the right of sovereignty over one determinate portion of the
northwest coast of America in all its plentitude. The question was purely and
simply of conceding to the said company a part of the sovereignty, or rather cer-
tain exclusive privileges of commerce, and it is in this view that the act of 1799,,

l822

lade since the

the question of
ler nations, in-
d Italian miles
tes as an inde-
id the right to

nt might have
e sea, because it
suffice to say
orth, is not less

son assigned for
ic United States
ast of America,
3 and munitions
That right has
jh general com-
imerce by some
alleged by them
iinary laws and
uch charge been
is Government,
.nd obligation of
led by the Presi-
continue to be
lonious relations

ions reciprocally
the President is

I in the prosecu-
o an interdiction

^CY ADAMS.
State.

pril 2\ 1822.
idressing to you,
fhts of Russia to
merica, as far as
first occupation ,
at these rights, I
jf the Emperior

can Company its
•bout abandoning
te portion of the

II was purely and
ty, or rather cer-
t the act of 1799,.

1846

PROVISIONAL GOVERNMENT.

to which you refer, fixed the limits of the operations of the Russian- American
Company.

* * * Thatjthese rights extended, in the opinion of the" Imperial
Government, further south than the fifty-first degree of latitude, appears evident
from the structure of the third article of the act of incorporation, which author-
ized the company to form establishments south of the fifty-first degree of north
latitude.

But what will dispel even the shadow of doubt in this regard is the authentic
fact that, in 1789, the Spanish packet St. Charles, commanded by Captain Han,
found in the latitude 48° and 49°, Russian establishments to the number of eight,
consisting, in the whole of twenty families, and four hundred and sixty-two indi-
viduals. These were the descendants of the companions of Captain Tchiricoff,
who was supposed till then to have perished. With such titles justifying the
rights claimed by Russia, sir, will agree that it is perfectly immaterial whether
the Russian establishment at Novo Archangelsk be small or large. If the rights
of territorial possession were measured according to dimensions of the points
occupied, what would become of those of the United States upon a considerable
extent of the same northwest coast ? for the only American establishment ever
yet known is certainly very inferior in stability to that of Russia at Novo
Archangelsk. * *

As to the right claimed for the citizens of the United States of trading with
the natives of the country of the northwest coast of America, without the limits
of the jarisdiction belonging to Russia, the Imperial Government will not cer-
tainly think of limiting it, and still less of attacking it there. But I cannot dis-
semble, sir, that this same trade beyond the fifty-first degree will meet with diffi-
culties and inconveniences, for which the American owners will only have to
accuse their own imprudence after the publicity which has been given to the
measures taken by the Imperial Government for maintaining the rights of the
Russian-American Company in their absolute integrity. * *

Be pleased to accept, &c.

PIERRE DE POLETICA.
Convention betzveen the United States of America and Her Majesty the Queen
of the United Kingdom of Great Britain and Ireland, concluded at Wash-
ington, fune 15, 1846.

The United States of America and Her Majesty, the Quesn of the United
Kingdom of Great Britain and Ireland, deeming it to be desirable, for the future
welfare of both countries, that the state of doubt and uncertainty which has
hitherto prevailed respecting the sovereignty and government of the territory on
the northwest Jcoast jof America, lying westward of the Rocky or Stony moun-
tains, should be finally terminated by an amicable compromise of the rights
mutually asserted by the two parties over the said territory, have respectively
named plenipotentiaries to treat and agree concerning the terms of such settle-
ment ; that is to say, the President of the United States of America has on his
part furnished with full |powers Jamee Buchanan, Secretary of State, of the
United States ; and Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, has on her part appointed the right honorable Richa'''!
Pakenham, a member of Her Majesty's most honorable privy council, and Her
Majesty's Envoy Extraordinary and Minister Plenipotentiai-y to the United
States; who, after having communicated to each other their respective full
powers, found in good and due form, have agreed upon and concluded the follow-
ing articles :

!
i

!
I

! i

brown's poi,iticai« history.

1846

Article i. From the point on the forty-ninth parallel of north latitude
where the boundary laid down in existing treaties and conventions between the
United States and Great Britain terminates, the line of boundary between the
territories of the United States and those of Her Britannic Majesty shall be con-
tinued westward along the said forty-ninth parallel of north latitude to the mid-
dle of the channel which separates the continent from Vancouver's Island, and
thence southerly through the middle of the said channel and of Fuca's Straits to
the Pacific ocean : Provided, however. That the navigation of the whole of the
said channel and straits, south of the forty-ninth parallel of north latitude, re-
main free and open to both parties.

Art. 2. From the point at which the forty-ninth parfillel of north latitude
shall be found to intersect the great northern branch of the Columbia river, the
navigation of the said branch shall be liree and open to the Hudson's Bay Com-
pany and to all British subjects trading with the same, to the point where the
said branch meets the main sticam of the Columbia, and thence down the said
main stream to the ocean, with free access into and through the said river or
rivers ; it being understood that all the usual portages along the line thus de-
scribed shall in like manner be free and open. In navigating the said river or
rivers, British subjects, with their goods and produce, shall be treated on the
same footing as citizens of the United States ; it being, however, always under-
stood that nothing in this Article shall be construed as preventing, or intended
to prevent, the Government of the United States from making any regulations
respecting the naviga*^" jn of the said river or rivers, not inconsistent with the
present treaty.

Art. 3. In the future appropriation of the territory south of the forty-ninth
parallel of north latitude, as provided in the first Article of this treaty, the pos-
sessory rights of the Hudson's Bay Company, and of all British subjects who may
be already in the occupation of land or other property lawfully acquired within
the said territory, shall be respected.

Art. 4. The farms, lands, and other property of every description, belong-
ing to the Puget Sound Agricultural Company, on the north side of the Columbia
river, shall be conferred to the said company. In case, however, the situation
of these farms and lands should be considered by the United States to be of
public or political importance, and the United States Government should sig-
nify a desire to obtain possession of the whole or in part thereof, the property so
required shall be transferred to the said Government, at a proper valuation to be
agreed upon between the parties.

Art. 5. The present treaty shall be ratified by the President of the United
States, by and with the advice and consent of the Senate thereof, and by Her
Britannic Majesty ; and the ratification shall be exchanged at London at the ex-
piration of six months from the date thereof or sooner if possible.

Done at Washington the fifteenth][day^of June, in the year of our Lord, one
thousand eight hundred and forty -six.

(Signed)) [L. S.] JAMES BUCHANAN.

(Signed) [L. S.[ RICHARD PAKENHAM.

The following are inserted at this place instead of consecutive date for the
reason that there was no mention made in regard to the subjects. These were
what might be termed private laws, and were not mentioned in any of the treaty
conventions, and it was not supposed that they were to be extended to the terri-
tory in joint occupancy, but really only occupied Ly one of the parties, -t-nd that

1846

i3o3

PROVISIONAL GOVERNMENT.

th latitude
tween the
tween the
all be con-
to the mid-
[sland, and
s Straits to
hole of the
atitude, re-

th latitude
river, the
Bay Com-
t where the
m the said
lid river or
ne thus de-
aid river or
ited on the
vays under-
or intended
regulations
nt with the

forty-ninth
.ty, the pos-
:ts who may
lired within

ion, belong-
le Columbia
he situation
tes to be of
should sig-
property so
uation to be

r the United
and by Her
n at the ex-

ar Lord, one

NAN.
ENHAM.

date for the
These were
)f the treaty
to the terri-
es, -ind that

party claimed the extension over Oregon. They will be read, I have no doubt
with interest, and show the power conferred upon the Northwest Company of
Montreal and the Hudson's Bay Company, and of thf.'ir consolidation to the latter
named company.

Cap. CXXXVIII, — An Act for extending the jurisdiction of , the Courts of Jus-
tice in the Provinces of Lower and Upper Canada to the trial and punish-
ment of persons guilty of crimes and offenses within certain parts of North
.hnerica, adjoining to the said Provinces [iith August, /8oj].

"Whereas crimes and offenses have been committed in the Indian territories and
other parts of America, not within the limits of the provinces of Lower and
Upper Canada, or either of them, or of the jurisdiction of any of the courts
established in these provinces, or within the limits of any civil Government
of the United States oi America, and are therefore not cognizable by any jur-
isdiction whatever, and by reason thereof great crimes and offenses have
gone, and may hereafter go unpunished, and greatly increase." For remedy
whereof, may it please your Majesty that it may be enacted by the King's
most excellent Majesty, by and with the advice and consent of the Lord's
Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, That from and after the passage of this
Act, all offenses committed within any of the Indian territories or parts of
America not within the limits of either of the said provinces of Lower or
Upper Cattada, or of any civil Government of the United States of America,
shall be, and be deemed to be, offenses of the same nature, and shall be tried in
the same manner and subject to the same punishment as if the same had
been committed within the provinces of Upper or Lower Canada.

II. And be it further enacted. That it shall be lawful for the Governor or
Lieutenant Governor, or persons idministering the Government for the time
being of the province oi Lower Canada, by commission under his hand and seal,
to authorize and empower any person or persons wheresoever resident or being
at the time, to act as civil magistrates and justices of the peace for any of the
Indian territories or parts oi America not within the limits of either of the said
provinces, or of any civil Government of the United States of America, as well
as within the limits of either of the said provinces, either upon information taken
or given within the said provinces of Lower or Upper Canada, or out of the said
provinces in any part of the Indian territories or parts oi America aforesaid, for
the purpose only of hearing crimes and offenses, and committing any person or
persons guilty of any crime or offense to safe custody, in order to his or their
being conveyed to the said province oi Lower Canada, to be dealt with according
to law ; and it shall be lawful for any person or persons whatever to apprehend
and take before any person so commissioned as aforesaid, or to apprehend and
convey, or cause to V)e safely conveyed with all convenient speed to the province
of Lawer Canada, any person or persons guilty of any crime or offense, there to
be delivered into safe custody for the purpose of being dealt with according
to law.

III. And be it further enacted. That every such offender may and shall be
prosecuted and tried in the courts of the provinces of Lower Canada (or if the
Governor or Lieutenant Governor, or person administering the Government for
the time being, shall, from any of the circumstances of the crime or offense, or
the local situation of any of the witnesses for the prosecution or defense, think
that justice may more conveniently be administered in relation to such crime

brown's political history.

I82I

or offense in the province of Upper Canada, and shall by any instrument under
the great seal of the province of Lower Canada, declare the same, then that every
such offender may and shall be prosecuted and tried in the court of the province
of Upper Canada,) in which crimes or offenses of the like nature are usually
tried, and where the same would have been tried if such crime or offense had
been commited within the limits of the province where the same shall be tried
under this act ; and every oflFender, tried and convicted under this act, shall be
liable and subject to such punishment as may by any law in force in the province
where he or she shall be tried be inflicted for such crime or offense ; and such
crime or pffense may and shall be laid and charged to have been committed
within the jurisdiction of such court, and such court may and shall proceed
therein to trial, judgment and execution, or other punishment for such crime or
oflFense, in the same manner in every respect as if such crime or offense had been
really committed within the jurisdiction of such court ; and it shall also be law-
ful for the judges and other officers of the said courts to issue subpoenas and
other processes for enforcing the attendance of witnesses on any such trial ; and
such subpoenas and other processes shall be valid and effectual, and be in full
force and put in execution in any ports of the Indian territories, or other ports of
America out of and not within the limits of the civil Government of the United
States oi America, as well as within the limits of either of the said provinces of
Lower or Upper Canada, in relation to the trial of any crimes or offenr.es by this
act made cof zable in such court, or to the more speedily and eflFectually bring-
ing any offender or offenders to justice under this act, as fully and amply as any
subpoenas or other processes are, within the limits of the jurisdiction of the court
from which any such subpoenas or processes shall issue as aforesaid ; any act or
acts, law or laws, custom, usage, matter or thing to the contrary notwith-
standing.

IV. Provided always, and be it further enacted, That if any crime or
offense charged and prosecuted under thii3 act, shall be proved to have been com-
mitted by any person or persons not being a subject or subjects of his Majesty,
and also within the limits of any colony, settlement or territory belonging to any
European State, the court before which such prosecution shall be had, shall
forthwith acquit such person or persons, not being such subject or subjects as
aforesaid, of such charge.

V. Provided, nevertheless, That it shall and may be lawful for such court to
proceed in the trial of any other person, being a subject or subjects of His
Majesty, who shall be charged with the same or any other ofiense, notwithstand-
ing such offense shall appear to have been committed within the limits of any
colony, settlement or territory belonging to any European State as aforesaid.
{Extended to the Hudson's Bay Company, see ist and 2nd G. IV, c 66.

ORGANIZATION OF THE OREGON TERRITORY.

THE BRITISH OREGON LAW.

The following act of the British Parliament was passed the 2nd day of July, in
the year 1821, entiled " An act for regulatiig thr fur trade, and establishing a civil
and criminal jurisdiction in certain parts of North Am.'rica."

AN ACT for regulating the fur trade, and establishing a criminal and civil jur-
isdiction, within certain parts of North America.

" Whereas, the competition in the fur trade between the Governor and Company
of Adventurers of England trading into Hudson's Bay, and certain associations

l82I

I82I

PROVISIONAL GOVERNMENT,

nent under

that every

e province

are usually

Dffense had

all be tried

ct, shall be

he province

and such

committed

all proceed

oh crime or

se had been

also be law-

)pcEnas and

h trial ; and

id be in full

ther ports of

r the United

provinces of

:nF.es by this

ually bring-

niply as any

of the court

; any act or

iry notwith-

ly crime or
/e been com-
his Majesty,
nging to any
e had, shall
■ subjects as

mch court to
jjects of His
otwithstand-
imits of any
IS aforesaid.
6.

ly of July, in
ishing a civil

nd civil jur-

ad Company
I associations

of per- ens trading under the name of ' The North West Company of Montreal,'
has been found, for some years past, to be productive of great inconvenience
and loss, not only to the said company and associations, but to the said trade
in general, and also of great injury to the native Indians, and of other per-
sons, subjects of His Majesty ; And whereas, the animosities and feuds, arising
from such competition have also for some years past kept the interior of Amer-
ica, to the northward and westward of the provinces of Upper and Lower Can-
ada, and the territories of the United States of America, in a state of continued
disturbance ; And whereas, many breaches oi the peace and violence extend-
ing to the loss of lives, and considerable destruction of property, have contin-
ually occurred therein ; And whereas, for remedy of such evils, it is expedient
and necessary that some more effectual regulations should be established for
the apprehending, securing and bringing to justice all persons committing
such offences, and that His Majesty should be empowered to regulate the said
trade ; And whereas, doubts have been entertained, whether the provisions of
an act passed in the forty-third year of the reign of his late Majesty King
George the Third, entitled ' An act, for extending the jurisdiction of the courts
of justice in the provinces of Lower and Upper Canada, to the trial and pun-
ishment of persons guilty of crimes and offences within certain parts of North
America, adjoining to the said provinces, extending to the territories granted
by charter to the said Governor and Com'-any;' and it is expedient that
such doubts should be removed, and that l le said act should be further ex-
tended :

Be it therefore enacted by the King's most excellant Majesty, by and with the
advice and consent of the Lord's spiritual and temporal, and Commons, in this
present Parliament assembled, and by the authority of the same. That from and
after the passage of this act, it shall be lawful for His Majesty, his heirs or succes-
sors, to make grants or give his royal license, under the hand and seal of one of
His Majesty's principal Secretaries of State, to anybody, corporate, or company,
or person or persons, of or for the exclusive privilege of trading with the Indians
in all parts of North America as shall be specified in anj' such grants or licenses
respectively, not being part of the lands or territories heretofore granted to ihe
said Governor and Company and adventurers of England trading to Hudson's Bay,
and not being part of any of His Majesty's provinces in North America, or of any
lands or territories belonging to the United States of America ; and all such grants
and licenses shall be good, valid and effectual for the purpose of securing to all
such bodies of corporate, or companies, or persons, the sole and exclusive privi-
lege of trading with the Indians in all such parts of North America, (except as
hereinafter excepted) as shall be specified in such grants or licenses ; anything
contained in any act or acts of Parliament, or any law to the contrary, notwith-
standing.

II. Provided always, and be it further enacted. That no such grant or
license, made or given by His Majesty, his heirs or successors, of any such exclu-
sive privileges of trading with the Indians in such parts of North America as
aforesaid, shall be made or given for any longer period than twenty-one years ;
and no rent shall be required or demanded for or in respect of any such grant or
license, or any privileges given thereby under the provisions of this act, for the
first period of twenty-one years ; and from and after the expiration of such first
period of twenty-one years, it shall be lawful for His Majesty, his heirs or suc-
cessors, to reserve such rents in any future grants or licenses to be made to the
same or any other parties, as shall be deemed just and reasonable, with security

Hi !

brown's poutical, history.

1821

for the payment thereof ; and such rents shall be deemed part of the land rev-
enues of His Majesty, his heirs, and successors, and be applied and accounted for
as the other land revenues of His Majesty, his heirs or successors, shall, at the
time of payment of any such rent being made, be applied and accounted for.

ni. And be it further enacted, That from and after the passing of this act,
the Govemor^and Company of Adventurers trading at Hudson's Bay, and every-
body corporate and company, and person, to virhom such grant or license shall be
made or given, as aforesaid, shall respectively keep accurate registers of all per-
sons in their employ in any part of North America, and shall, once in each year,
return to His Majesty's Secretaries of State accurate duplicates of such registers,
and shall also enter 11.10 such security as shall be required by His Majesty for the
due execution of all processes, criminal and civil, as well within the territories
included in any such grant, as within those granted by charter to the Governor
and Company of Adventurers trading to Hudson's Bay and for the producing
or delivering into safe custody, for purpose of trial, of all persons in their em-
ploy or acting under their authority, who shall be charged jwith any criminal
offense, and also for the due and faithful observance of all such rules, regulations
and stipulations as shall be contained in any srch grant or license, either for
diminishing or preventing the sale or distribution of spirituous liquors to the In-
dians, or j|for promoting their moral or religious^iniprovement, or for any other
object which His Majestj' may deem necessary for the remedy or prevention of
the other evils which have hitherto been found to^exist.

IV. And whereas, by a convention entered into between His Majesty and
the United States of America, it was stipulated and agreed, that any country on
the northwest coast of America, to the westward of the Stony mountains, should
be free and open to the citizens and subjects of the two Powers, for the term of
ten years from the date of the signature of that convention. Be it there/ore en-
acted. That nothing in this act contained shall be deemed or construed to author-
ize anybody corporate, company or person, to whom His [Majesty may have,
under the provisions of this act, made a grant or given a license of exclusive
trade with the Indians in such parts of North America, as aforesaid, to claim or
exercise any such exclusive trade within the limits specified in the said article, to
the prejudice or exclusion^of any citizens of said United States of America, who
may be engaged in the said trade : Provided always, That no British subject
shall trade with the Indians within such limits without such grant or license as is
by this act required.

V. And be it declared and enacted, That the said |act passed in the forty-
third year] of the reign of his late Majesty, entitled an act for extending the
jurisdiction of the courts of justices in the provinces of Lower and Upper
Canada, to the trial and punishment of persons guilty of crimes and offenses
within certain parts of NorthJ America adjoining to the said provinces, and all
the clauses and provisos therein contained, shall be deemed and construed, and
it is and are hereby respectively declared, to extend to and over, and to be in
full force in and through all the territories heretofore granted to the Company of
Adventurers of England trading to Hudson's Bay ; anything in any act or acts of
Parliament, or this |act, or in any grant or charter to the company, to the con-
trary notwithstanding.

VI. And be it further enacted. That from and after the passage of this act,
the courts of judication now |existing, or which may be hereafter established in
the province of Upper Canada, shall have the same civil jurisdiction, power and
authority, as well in the cognizance of suits, as in the issuing process, mesne and

]

I82I

PROVISIONAL GOVERNMENT.

e land rev-
:couiited for
ihall, at the
ed for.
of this act,
, and every-
nse shall be
of all per-
il each year,
ch registers,
esty for the
e territories
le Governor
e producing
n their em-
my criminal
, regulations
ie, either for
rs to the In-
or any other
revention of

Majesty and
y country on
tains, should
r the term of
therefore en-
ed to author-
y may have,

of exclusive
1, to claim or
lid article, to
America, who
dtish subject
r license as is

in the forty-
Ktending the
r and Upper
and offenses
uces, and all
>nstrued, and
md to be in
! Company of
act or acts of
, to the con-

e of this act,
stablished in
1, power and
s, mesne and

final, and in all other respects whatsoever, within the said Indian territories,
and other parts of America not within the limits of either of the provinces of
Lower or Upper Canada, or of any civil Government of the United States, as the
said courts have or are invested with, within the limits of the said provinces of
Lower or Upper Canada, respectively ; and that all and every contract, agree-
ment, debt, liability and demand whatsoever, made, entered into, incurred, or
arising within the said Indian territories and other parts of America ; and all
and every wrong and injury to the person or to property, real or personal, com-
mitted or done within the same, shall be and be deemed to be of the same
nature, and be cognizable by the same courts, magistrates, or justices of the
peace, and be tried in the same manner, and subject to the same consequences,
in all resi)ects, as if the same had been made, entered into, incurred, arisen,
committed or done within the said province of Upper Canada ; anything in any
act or acts of Parliament, or grant or charter, to the contrary notwithstanding :
Provided always, That courts have or invested with within the limits of the said

all such suits and actions relating to lands, or to any claims in respect to

lands not being within the province of Upper Canada, shall be decided accord-
ing to the laws of that part of the United Kingdom called England, and shall
not be subject to or affected by any local act, statues, or laws of the legislature of
Upper Canada.

VII. And be it further enacted, That all process, writs, orders, judgments,
decrees and acts whatsoever, to be issued, made, delivered, given and done, by
or under the authority of the said courts or either of them, shall have the same
force, authority and effect within the said Indian territory, and other parts of
America, as aforesaid, as the same now have wjthin the said province of Upper
Canada.

VIII. And be it further enacted, thsX it shall be lawful for the Governor,
or Lieutenant Governor, or person administering the Government, for the time
being, of Lower Canada, by commission under his hand and seal, to authorize
all persons who shall be appointed justices of the peace under the provisions of
this act, within the said Indian territories, or other parts of America, as afore-
said, or any other person who shall be specially named in such commission, to
act as a commissioner within the same, for the purpose of executing, enforcing,
and carrying into effect, all such process, writs, orders, judgments, decrees and
acts, which shall be issued, made, delivered, given, or done by the said courts of
judication, and which may require to be enforced and executed within the said
Indian territories ; or such other parts of North America as aforesaid ; and in
case any person or persons, whatsoever, residing or being within the said Indian
territories, or such other parts of America as aforesaid, shall refuse to obey or
perform any such process, writ, order, judgment, decree or act of said court, or
shall resist or oppose the execution thereof, it shall and may be lawful for the
said justices of the peace or commissioner, and they or any of them are, and is
hereby, required, on the same being proved before him, by the oath or affidavit of
one credible witness, to commit the said person or persons so offending as aforesaid,
to custody, in order to his or their being conveyed to Upper Canada ; and that it
shall be lawful for any such justice of the peace or commissioner, or any person
or persons acting under his authority, to convey, or cause to be conveyed, such
person or persons so offending as aforesaid to Upper Canada, in pursuance of
such process, writ, order, decree, judgment or act ; and such person and persons,
shall be committed to jail by the said court, on his, her or their being so brought
into the said province of Upper Canada, by which such process, writ, order, de-

f l l ' ll i

I i'

I
.1' lll

i I

brown's political history.

I82I

cree, judgment, or act was issued, made, delivered, given or do. », until a final
judgment or decree shall have been pronounced in such suit, and suall have been
duly performed ; and all costs paid, in case such person or persons shall be a
party or parties in such suit, or until the trial of such suit shall have been con-
cluded, in case such person or persons shall be a witness or witnesses therein :
Provided always, That if any person or persons so apprehended as aforesaid shall
enter into a bond recognizance to any such justice of the peace or commissioner,
with two sufficient sureties, to the satisfaction of such justice of the peace or
commission, or the said courts, commissioned to obey and perform such process,
writ, order, judgment, decree, or act, as aforesaid, then and in such case it shall
and may be lawful for the said justice of the peace or commissioner, or the said
courts, to discharge such person or persons out of custody,

IX. And be it further enacted, That in case such person or persons shall net
perform and fulfill the condition or conditions of such recognizance, then and in
such case it shall and may be lawful for any such justice or commissioner, and
he is hereby required to assign such recognizance to the plaintiff or plaintiffs, in
any suit which such process, writ, order, decree, judgment or act, shall have
been issued, made, delivered, given or done, who may maintain an action in the
said courts in his own name against the said sureties, and recover against such
sureties the full amount of such loss or damage as such plaintiff shall prove to
have been sustained by him, by reason of the original cause of action in respect
of which such process, writ, order, decree, judgment or acts of the said courts,
were issued, made, delivered, given, or done, as aforesaid, notwithstanding any-
thing contained in any charter granted to the said Governor and Company of
Adventurers of England trading to Hudson's Bay.

X. And be it further enacted, That it shall be lawful for His Majesty, if he
shall deem it convenient so to do, to issue a commission or commissions to any
person jr persons to be and act as justice of the peace within such parts of
Amerir a a i aforesaid, as well within any territories heretofore granted to the
CompfiTiy of Adventurers of England, trading to Hudson's Bay, as within the
Ind'a.i » orritories of such other parts of America as aforesaid ; that it shall be
lawful lor the court in the province of Upper Canada, in any case in which it
shall appear expedient to have any evidence taken by commission, or any facts
or issue, or any cause or suit ascertained, to issue a commission to any three or
more of such justices to take such evidence, and return the same, or try such
issue, and for that purpose to hold courts, and to issue subpoenas or other
processes to compel attendance of plaintiffs, defendant, jurors, witnesses, and all
other persons requisite and essential to the execution of the several purposes for
which such commissions had issued, and with the like power and authority are
vested in the courts of the said province of Upper Canada ; and any order, ver-
dict, judgment, or decree, that shall be made, found, declared, or published, by
or before any court or courts held under and by virtue of such commissions, shall
be considered to be of full effect, and enforced in like manner, as if the same
had been made, found, declared, or published, within the jurisdiction of the
court of the said province ; and at the time of issuing such commission or com-
missions shall be declared the place or places where such commission is to be
opened, and the courts and proceedings thereunder held ; and it shall be at the
same time provided how and by what means the expenses of such commission,
and the execution thereof, shall be raised and provided for.

XI. And be it further enacted, That it shall be lawful for His Majesty,
-notwithstanding anything contained in this act, or in any charter granted to the

i863

PROVISIONAL GOVERNMENT.

said Governor and Company of Adventurers of England trading to Hudson's
Bay, irom time to time, by any commission, under the great seal, to authori/.e
and empower any such persons so appointed justices of the peace as afores&° '., t»
sit and hold courts of rtcord for the trial of criminal offenses and misdemeanors,
and also of civil causes ; and it shall be lawful for His Majesty to order, direct,
and authorize the appointment of proper officers to act in aid of such courts and
justices, in any such commission ; anything in this act or in any charter oi" che
Governor and Company of Merchant Adventurers of England trading to Hud-
son's bay, to the contrary notwithstanding.

XII. Provided, always, and be it further enacted, That such courts shall
be constituted, as to the number of justices to preside theiv'n. and as to such
places within the said territories of the said company, or any Indian territories,
or other parts of North America, as aforesaid, and the times and manner of
holding the same as His Majesty, shall from time to time order and direct; but
shall not try any offender upon any charge or indictment for any felony made the
subject of capital punishment, or for any off"ense or passing sentence affecting the
life of any offender or adjudge or cause any offender to suffer capital punishment
or transportation, or take cognizance of or try any civil action or suit, in which
the cause of such suit or action shall exceed in value the amount or sum of two
hundred pounds ; and in every case of any offense subjecting the person commit-
ting the same to capital ]i mishment or transportation the court, or any judge of
such court, or any justice or justices of the peace, before whom any si'ch offiender
shall be brought, shall commit such offender to safe custody, and cause such
offiender to be sent in such custody for trial in the court of the province of Upper
C.-nada.

XIII. And be it further enacted. That all judgments given in any civil suit
shall hi subject to appeal to His Majesty in Council, in like manner as in other
cases in His Majesty's province of Uppei Canada, and also in any case in which
the right or title to any land shall be in question.

XIV. And be it further enacted, That nothing in this act contained shall
be taken or construed to affect any right, privilege, authority or jurisdiction >
which the Governor and Company of Adventurers trading to Hudson's Bay are
by 1 w entitled to claim and exercise under their charter; but that all such rights^
pr. - it' jes, authorities and jurisdictions, shall remain in as full force, virtue, and
eti"„ct as if this act had never been 7iiade, anything in this act to the contrary
notwithstanding.

AWARD. 1

At a meeting of the commissioners under the treaty of Jul)' ist, 1863, between
the United States of America and His Britannic Majesty, for the final settlement
of the claims of the Hudson's Bay and Puget''^ Sound Agricultural Companies,
held at the city of Washington, on the loth of September, 1869. Present ;
Alexander S. Johnson, Commissioner on the part of the United States of Am-
erica ; John Ross, Commissioner on the part of His Britannic Majesty. The
Commissioners having heard the allegations and proofs of the respective parties,
and the arguments of their respective counsel, and duly considered the same, do
determine and award that, as the adequate money consideration for the transfer
to the United States of America of all the possesory rights and claims of the
Hudson's Bay Company, and of the Puget's Sound Agricultural Company, under

I According to a treaty of 1863, founded on Art. IV of treaty of 1846.

r
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brown's poutical history.

I87I

the first article of the treaty of July ist, 1863, and the third and fourth article sof
the treaty of June 15, 1846, commonly called the Oregon treaty, and in full satis-
faction of such rights and claims, there ought to be paid in gold coin by the
United States of America, at the times and in the manner provided by the fourth
article of the treaty of July ist, 1863, on account of the possessory rights and
claims of the Hudson's Bay Company, four hundred and fifty thousand dollars ;
and on the account of the possessory rights end claims of the Puget's Sound
Agricultural Company, the sum of two hundred thousand dollars ; and that at
or before the time fixed for the first payment to be made in pursuance of the
treaty and of this award, each of the said companies do execute and deliver to
the United States of America a sufficient deed or transfer and release to the
United States of America, substantially in the form hereunto annexed.

In testimony whereof we, the said Commissioners, have set our hands to this
award in duplicate, on the day and year and at the place aforesaid.

ALEXANDER S. JOHNSON,
Commissioner on the part of the United States.
JOHN ROSS,
Commissioner on the part of Her Britannic Majesty.

I !

Award of the Emperor of Germany under the XXXIVth Article of the Treaty
of May 8, i8ji, giving the island of San fuan to the United States.

[ Translated ]

We, William, by the grace of God, Gern an Emperor, King of Prussia, etc.,
etc., etc.

After examination of the treaty concluded at Washington on the 6th of
May, 1871, between the Governments of Her Britannic Majesty and of the
United States of America, according to which the said Governments have sub-
mitted to our Arbitration the question at issue between them, whether the
boundary line which, according to the treaty of Washington of June 15, 1846,
after being carried westward along the forty-ninth parallel of north latitude l;o
the middle of the channel which separates the continent from Vancouver's
Island is thence to be drawn southerly through the middle of the said channel
and of the Fuca Straits to the Pacific ocean, should be drawn through the
Rosario Channel as the Government of Her Britannic Majesty claims, or through
the Haro Channel as the Goveninieiit of the United States claims ; to the end
that we, may finally and without appeal decide which of these claims is most in
accordance with the true interpretation of the treaty of J .■ 15, 1846.

After hearing the report made to us by the experts and jurists summoned
by us upon the contents of the interchanged memorial and their appendices,
have decreed the following award :

Most in accordance with the true interpretations of the treaty concluded on
the istliof June, 1846, between the Governments of Her Britannic Majesty and
of the United States of America, is the claim of the Government of the United
States that the boundary line between the territories of Her Britannic Majesty
and the United States should be drawn through the Haro Channel.

Authenticated by our autographic signature and the impression |of the im-
perial great seal.

Given at Berlin, October the 21st, 1872,

[Seai,.] WILLIAM.

I87I

PROVISIONAL GOVERNMENT.

lands to this

Prussia, etc.,

n 'of the im-

VILLIAM,

The undetermined boundary line between the old province of
Louisiana and the British-American possessions, the provisions con-
cerning which defeated Rufus King's Treaty of 1803, presented itself
again after the peace of 48 14. It was settled, temporarily, in the
treaty of 18 r 8, by on agreeing that the 49th parallel should be the
boundary from the Lake of the Woods to the Rocky mountains,
and that the territory west of the Rocky mountains should be occu-
pied jointly for the term of ten years. Fort George (Astoria), on the
Columbia river, which had been withheld from the United States, in
admitted violation of the provisions of the treaty of Ghent, was only
formally restored to them.

Negotiations were opened at London in 1823, on the motion of the
United States, for settling this boundary, but they came to a close
without any treaty or other engagement having been concluded. The
British plenipotentiaries proposed the "49th parallel to the point
where it strikes the northernmost branch of the Columbia and thence
down along the middle of the Columbia to the Pacific ocean," Mr.
Rush refused this, and proposed the 49th parallel to the Pacific. The
British plenij otentiary rejected this and made no new proposal in re-
turn. In 182 >, negotiations were resumed on the suggestion of the
British Government. Lord Canning inquired of Rufus King, then
Minister at London, whether he was provided with instructions for
their resumption. Mr. King, who was on the eve of leaving London,
replied that he had been expecting special instructions, and immedi-
ately transmitted the correspondence to Washington. Mr. Clfiy, then
Secretary of State, instructed Albert Gallatin, Mr. King's successor,
that the President could not consent that the boundary should be
south of 49°. Mr. Gallatin attempted to conclude a convention on
that basis, but the attempt proved fruitless and the convention closed
August 6, 1827 by an 'indefinite extension on twelve months' notice
by either party. Congress by a resolution passed April 27, 1846,
authorized the President, "at his discretion, to give the notice re-
quired for the abrogation of the convention." On June 15th follow-
ing a treaty was concluded at Washington, setting the boundary
on the 49th parallel, " to the middle of the channel which separates
the continent from Vancouver's Island, thence southerly, through the
middle of said channel of Fuca's Straits, to the Pacific ocean." The
motives and purposes of the United States are set forth in a confi-
dential document submitted to the Senate with the treaty of iHji.

iPoreig:!! Relations, 4 vol.

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brown's political history.

I87I

They were ' ' so far to depart from the 49th parallel as to leave the
whole of Quadra and Vancouver's Island to England." What the
British Ministry intended, was stated by Sir Robert Peel in the House
of Commons June 26. 1846. "That which we proposed is the con-
tinuation of the 49th parallel of latitude till it strikes the Straits of
Fuca ; that that parallel should not be continued as a boundary across
Vancouver's Island, thus depriving us of a part of Vancouver's Island,
but that the middle of the channel shall be the future boundary, thus
leaving us in possession of the wholt of ^'^ancouver's Island." The
reason that England was willing to U'CC': . '^is treaty, was that during
the quarter of a century that the joii. . occapancy was maintained, that
the Hudson's Bay Company had stripped the country of fur-producing
animals, and was really of no financial worth to that company, and
that the American settlers had come in such numbers that they over-
powered the company and could not control the country as previous
to that time. But this company succeeded in having a claim inserted
in the treaty, that greatly recompensed that company for their finan-
cial loss, and that was to pay the Puget Sound Agricultural Company
$200,000 ; and the Hudson's Bay Company, $450,000. which should
be considered as a gift to that powerful company. But the British
Government again evinced their grasping chsracteristics, through
Lord Palmerston, who laid claim to run the louudary through to
Rosario Straits, and embrace San Juan Island aJoui. with Vancouver
Island. This claim was resisted by the A n-c f; ;r settlers on San
Juan and came near involving the two nations in 'ar, but the matter
was left to arbitration and was settted by Emperoi Vi-iiam as already
shown.

I87I

leave the
What the

1 the House
is the con-

le Straits of
tidary across
;^er's Island,
indary, thus
and." The

that during
itained, that
ir-producing
jmpany, and
at they over-

as previous
aim inserted

their finan-
ral Company
irhich should

the British
iics, through
i through to
th Vancouver
ctlers on San
ut the matter
m as already

Historical Introduction.

Gbnbrai< reviuw ok discoveries ; Captains Kendrick and Gray ; Gray's

DISCOVERY OF THE COLUMBIA ; JONATHAN CaRVER ; HUDSON'S BAY COM-
PANY ; President Jefferson ; Lewis and Clarke; Astor'sFur Company;
Founding of Astoria ; Destruction of the Tonquin ; Hunt's expedi-
tion ; Congressional proceedings ; Gen. Jesup's letters ; Mr. Ash-
ley's LETTER ; Merchant's Journal article ; Hall J. Kelly ; Captain
Wyeth ; Methodist Missionaries ; Whitman and Spalding ; Fort Van-
couver ; W. A. Slacum ; Rwing Young ; Cattle company ; Memorial
to Congress ; Congressional; Death of Mrs. Lee; Eastern States Me-
morials; Arrival of THE Lausanne; Memorial to Congress; Congress-
ional ; Hunt's Merchant Magazine, with log-book of Capt. Gray ;
Early settlers of French Prairie ; Memorial of J. Quinn Thornton ;
Memorial of Mrs. Gray.

FROM the time that Cortez conquered Mexico, eflforts were made
by the maritime nations of the old world to explore the secrets
of the northwest Pacific coast. Various expeditions were fitted out
from the western part of Mexico to reconnoiter this terra incognita.
That portion north of San Francisco with its shore line of mountains
lashed by wild, angry waves was entirely unknown to the early and
bold navigators, and no conception could be formed by them of the
beautiful valleys favored with salubrious climate, that lay only a bhort
distance from them as they sailed along, seeking friendly harbors ; and
little did they think that those valleys were destined to become the
happy homes of teeming thousands of civilized people.

In 1539, Ulla coasted along the shores of California up to the 13°
of north latitude, and he was followed by Cabillo and Ferrei- in 1540,
who went as far as the 43". Sir Francis Drake between the years
iSyS-So, visited the coast, but it is doubtful if he went further north.
The Viceroy of Mexico in 1602 ordered Viscaino to survey the co^st
and select proper locations for settlements. The latter reached Cape
Blanco and discovered two harbors — Port San Diego and Monterey —
both of which he named. By his death in 1609, all of the projected
settlements fell through. For about one hundred and fifty years ex*
plorations seem to have ceased.

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brown's political history.

1787

During the early part of the eighteenth century the Jesuit society
settled in California and remained until 1767, when they were expelled.
The Mexican authorities ordered another expedition under command
of Juan Perez, who reached the 16° of north latitude and then returned
to Monterey whence they proceeded north as far as 49^° and en-
tered Nootka Sound. The Viceroy sent in 1775, two ships under the
command of Heceta and Bodega, who reached Fuca's Straits, where
they parted ; and Heceta on returning probably discovered the mouth
of the Columbia river, which he named San Roque, and immediately
south what he supposed to be a harbor at the mouth of a river. Bo-
dega continued northwest until he reached the 58° of north latitude
and named several bays. Captain James Cook, who was making his
second voyage in 1778 to the Arctic ocean, passed the Columbia river
without seeing it and ran into Nootka Sound. After exploring Behr-
ing's Straits he returned and went to the Sandwich Islands, where he lost
his life Feb. 16, 1778 and thus became immortalized. Captain Clark,
the senior oflBcer assumed command of the expedition, went to Petro
Paulousk and through Behring's Straits, but ill health compelled him
to return, and he died at Petro Paulousk. The command then fell
upon Captain John Gore, and he determined to return home, going by
Canton, where he sold his furs at a good profit. This opened a new
line of trade and was the first incentive to trade direct with China, as
heretofore all furs had been sold to Russia, and they in turn sold to
China. This subsequently suggested the organization of the Hudson's
Bay Company that afterwards grew to such colossal proportions.
France sent out Pej'^rome in 1785, who met a melancholy fate after he
had surveyed the coast near Mount St. Elias. Next the Spaniards
began the fur trade.

We now come to the most interesting part of the discoveries on the
Pacific coast to Americans, the result of which was to give a magnifi-
cent empire in extent of country. That is the discovery of the Colum-
bia river by Captain Robert Gray. In 1787, an association of mer-
chants in Boston, Massachusetts, consisting of Joseph Barrell, Samuel
Brown, Charles Bulfinch, John Darby, Crowell Hatch and John M.
Pintard, subscribed to the amount of $50,000 to fit out a trading and
discovery expedition to the northwest Pacific coast. They fitted out
two small vessels — the Columbia, of 200 tons, with John Kendrick as
captain, and the sloop Washington, of ninety tons, with Robert Gray
as captain. Captain Kendrick had been a privateer commander dur-
ing the revolution, and Captain Gray had served as an ofl&cer in the

I79I

PROVISIONAI, GOVERNMENT.

American navy during the same war. These two vessels being well
supplied with material to trade with the Indians for furs, sailed from
Boston, September 30, 1787, amid the hearty good wishes of the people
in general and the owners especially. After a long and at times, a
tempestuous voyage, during which the little ships became separated
off of Cape Horn, the Washington arrived off of Cape Mendocino
August 2, 1788, and Captain Gray traded some with the Indians.
After sailing north he stopped at a small harbor, and as a boat had
been sent ashore to collect some grass for the few head of stock, they
were attack ^d and one of the crew was killed. They sailed north and
on Aug. 16, 1788, the sloop reached Nootka Sound where he found
Captains Mears and Douglas who were sailing under the Portuguese
flag. A few days afterwards the Columbia arrived much to the relief
of Gray and crew. Before Gray reached Nootka Sound he passed the
mouth of the Columbia and for nine days tried to make an entrance,
but the strong current or outflow prevented his entrance, and on his
meeting with Captain John Vancouver, of the British navy, he stated
that he believed that he had discovered a great river. After Captain
Kendrick's arrival on the Columbia and assuming command of the
expedition, he sent Gray to the north to trade and explore, and in
this he spent some time. On his return. Captain Kendrick placed
Gray in charge of the Columbia, laden with furs and ordered him to
China, there to sell his cargo for tea and continue on to Boston, while
he went aboard of the Washington to continue in the trade. Gray left
Clayoquot in the Columbia, July 30, 1789, and called for a short time
at the Sandwich Islands, then proceeded to Canton. He sailed early in
February, 1790, and reached Boston on the following loth of August,
amid great rejoicing of the people, as he was the first man to carry the
American flag around the world, having sailed in all nearly 50,000
miles, and opened up a new commercial field of great value.

The Columbia with Gray as commander left Boston on her second
and most important cruise, Sept. 28, 1790, and arrived at Clayoquot,
June 4, 1 79 1, and soon started on a cruise, when on August 20th, he
lost three men by the Indians. In the meantime, Kendrick had been
meeting with some adventures with the Indians. On one occasion his
son Soloman had been murdered by them. He had also sailed to
Macao, and after changing his sloop to 9 brig, he touched at Japan and
tried to open a trade, but was immediately ordered off, but he had the
satisfaction of being the first man who had ever unfurled the starry
banner in those waters. He then returned to Clayoquot where Gray met

brown's KiUTICAL HISTORY.

1775

ii!|

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i!ii!!!|!j

him. Kendrick on Aug. 5, 1791, purchased of the Indians quite a strip
of land, and the deed was made out, but that is about all that it ever
amounted to. Captain Kendrick, who left the coast on the 29th of
September, 1791, lost his life by an accidental discharge of a salute.
The Washington, with her cargo of furs, was lost on the coast of
China.

During this winter. Gray built and on Feb. 23, 1792, launched a
sloop, which he named the Adventure, of about forty tons and was
sent on a cruise under the command of one of the officers and was a
good sailer. On April 29, 1792, Gray met Captain Vancouver, to whom
he told ( as before stated ) that he believed he had discovered a large
river, but could not enter it. Vancouver scouted it as he had sailed
only a few days before along the same route, and had not seen any in-
dications of a river. Gray determined to settle the question, and sailed
in that direction, and on May 7th, he arrived at the entrance, and con-
tinued his efforts until on May 11, 1792, he dropped anchor in the
largest stream on the Pacific coast, naming it the Columbia, thus se-
curing to the United States a territory large enough for three States of
great extent. The log book I give further on. By this act Gray im-
mortalized himself and ship, placing them in history where they never
will be erased.

At the close of this article will be found a memorial of Hon. J.
Quinn Thornton, with cut of medal, also one from Mrs. Gray to Con-
gress.

We will now turn back a little. Several important surveys of differ-
ent parts of the coast had been made by the British and Americans,
and Capt. J. Mears in :i.e Felice tried to discover the opening seen by
Heceta in 1775, which was laid down as " Entrada de Heceta, " or " de
Ascension," or " Rio de San Roque," but not finding them satisfactory,
called the promontory " Cape Disappointment," and the opening " De-
ception Bay," and said that there was no such river as San Roque as
laid down in the Spanish charts. It would seem that Providence had
designed that this magnificent river and country should be reserved
for the new bom nation as a rightful heritage, as ship after ship sailed
by without being able to discover and enter the mouth of the ' ' Great
tiver of the West," whose source laps the headwaters of that other
great river which flows through our country for thousands of miles and
loses itself in the Atlantic. But the man and the time came, the great
secret was solved and our country reaped the benefit.

Jonathan Carver, who was bom in Connecticut in 1732, possessed

1775

lite a strip
lat it ever
29th of
a salute,
le coast of

aunched a

,s and was

and was a

r, to whom

red a large

had sailed

een any in-

, and sailed

:e, and con-

:hor in the

lA, thus se-

ee States of

ct Gray im-

i they never

of Hon. J.
rray to Con

eys of dififer-
Americans,
ing seen by
:ta," or"de
satisfactory,
ening ' ' De-
an Roque as
vidence had
be reserved
r ship sailed
the "Great
f that other
of miles and
ae, the great

;2, possessed

1792

PROVISIONAI, GOVERNMENT.

I
I

i
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of an adventurous spirit, had traveled and lived among the western
tribes of Indians and having heard of the " River Oregon" or " River of
the West," tried to organize an expedition to cross the continent, going
up the Missouri river and down that mysterious stream to the Pacific
ocean. He was fated to fail in accomplishing his life's object, and Le
said : " That the completion of this scheme, which I have the honor
of first planning and attempting, will some time or other be effected, I
make no doubt. Those who are so fortunate as to succeed in it will
reap ( exclusive of the national advantages that must ensue ) emolu-
ments beyond their most sanguine expectations. And while their
spirits are elevated by their success, perhaps they may bestow some
commendations and blessing on the person that first pointed out to
them the way ; these, but a shadowy recompense for all my toil, I shall
receive with pleasure." Captains I^ewis and Clarke in 1804-6 pursued
the route spoken of by Carver. It was probably his efforts that first
directed the attention of Mr. Jefferson, who afterwards, while President,
sent a confidential message to Congress asking authority to send an
expedition across the continent. At least, let us give Jonathan Carver
just credit for his attempt, for the womb of time produced results which
contained the realization of his fondest expectations.

The fur trade held out such inducements for great fortunes, that a
company of merchants in London organized the Hudson's Bay Fur
Company, and were granted a charter of almost unlimited power by
Charles II in 1669, controlling all of the vast region in and around Hud-
son's Bay; but this company had a strong rival in Canada, who traded ex-
tensively with the interior. When the province was conquered by
England, the Hudson's Bay Company ashamed complete control, until
a new company was organized in Upper Canada in 1766, which was
again re-organized in 1783, with headquarters at Montreal. But the
intense rivalry of these two powerful companies led to so much strife
and bloodshed, that it was found necessary to come to some compromise
and the two companies united under the title of the Hudson's Bay
Company and a new charter was granted extending twenty-one years.

"In 1792, Mr. Jefferson proposed to the American Philosophical
Society a subscription to engage a competent person to proceed to the
northwest coast by land ; and Captain Merriweather Lewis who was
stationed at Charlottville, Virginia, was engaged for the piurpose. M.
Michaux, a French botanist, was to be his companion. They had
gone as far as Kentuckey on their journey when Michaux was recalled
by the French minister to pursue in other quarters his botanical re-

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brown's poIvITical history.

I8IO

searches, which put a stop to the enterprise." ' President JeflFerson re-
commended to Congress in a confidential message in Januar3', 1803,
that a party should trace the Missouri to its source, and cross the Rocky
mountains and proceed to the Pacific ocean. This was acceded to by
Congress. Captain Lewis requested to be placed in command, and
Wm. Clarke, a brother of Gen. G. R. Clarke, also volunteered his ser-
vices. Full instructions were given as to route, observations of natural
history, resources, etc., as the President had great desire to ascertain
all that was possible, in hopes that an Asiatic trade could be opened
across the continent, so that America might be independent of all other
powers commercially as well as politically. The expedition started
May 4, 1804, and after great hardship, arrived at the mouth of the
Columbia Nov. 14, 1805, started to return March 23, 1806, and arrived
at St. L,ouis, September 23, 1806 ; being exactly six months in return-
ing, and two years, four months and eight days on the expedition. *

From 1806 to 18 10, quite a number of ships entered the Columbia,
and in the spring of the latter year, Capt. T. Winship of the i4/6atross
sailed up to Oak Point, built a house and put in a garden.

At St. Louis in 1808, the Missouri Fur Company was formed and
established trading posts and forts upon the upper Missouri and
beyond the Rocky mountains to the headwaters of Lewis river.

Mr. John Jacob Astor, the celebrated fur trader of New York city
organized the Pacific Fur Company in 18 10, and in September of that
year, Messrs. M'Kay, M'Dougal, David and Robert Stewart, four of
Mr. Astor's partners, with clerks, mechanics, stores, arms, etc., em-
barked in the ship Tonquin, under command of Captain Jonathan
Thorn, a naval officer, to establish a post and fort on the Columbia river.
Thorn was a competent navigator, but in every other respect was
wofully deficient, as he was hasty in temper and very tyrannical; and

1 I^ewis and Clarke Rocky Mts.

2 The following notice was posted up on the fort, and severtil copies distributed among the
natives, and one copy fell into the hands of Capt. Hill, of the brig Lydia, and by him carried to
Canton, from whence it was sent to Boston in a letter dated at Canton, January, 1807: " The object
of this is, that through the medium of some civilized person may sec the same, it may be known to
the world that the party, consisting of the persons whose names are hereunto annexed, and who
were seat out by the government of the United Slates to explore the interior of the continent of
North America, did cross the same by the way of the Missouri and Columbia rivers, to the dis-
charge of the latter into the Pacific ocean, where they arrived on the 14th day of November, 1805,
and departed the 23d day of March. 1806, on their return to the United States, by the same route by
which they had come out."

The copy of the above that I i~ ^.d was not signed, as the compiler evidently did not think it
necessary. On the map of the ex^ ^ dilion, the Willamette is set down as Mult-no-mah, Clackamas
as Clack-mus, Calapooiaas Cal-lah-p6-e-wah, but is evidently the Yamhill river, as the Calapooia is
on the east side of the Willamette instead of the west.

i8io

1823

PROVISIONAL GOVERNMENT.

: Jefferson re-
nuarj', 1803,
)ss the Rocky
acceded to by
>tnmand, and
teered his ser-
ons of natural
e to ascertain
lid be opened
nt of all other
dition started
mouth of the
and arrived
iths in return-
xpedition.*

he Columbia,
the Albatross
n.

IS formed and
Missouri and
1 river.

STew York city
:ember of that
ewart, four of
rms, etc., em-
tain Jonathan
Columbia river,
r respect was
yrrannical; and

:ributed among^ the
1 by him carried to
/, 1807: "The object
, it may be known to
o annexed, and who
of the continent of
ia rivers, to the dis-
r of November, 1805,
>y the same route by

intly did not think it
-no-mah, Clackamas
r, as the Calapooia is

not understanding the Indian character, had a great contempt for
them. The result of this effort proved disastrous, as will be shown
further on. He arrived at the mouth of the Columbia March 22, 1811,
and sent a small boat with eight men to cross and examine the bar
under strong protest of the men, and all lost their lives. After cross-
ing the bar and It^nding the material and goods for the fort, which was
named Astoria in honor of the head of the company. On the 5th of
June following he left the river and sailed to Vancouver Island, where
he commenced trading with the Indians for furs. Disobeying explicit
orders not to allow but few Indians on his ship at a time, they were
permitted to crowd the deck, and it was not long before his imperious
nature brought on a disturbance, and the Indians attacked and killed
twenty-three men, among the first victims being Thorn himself. The
ship's clerk, I^ewis, interpreter and four others took refuge in the
cabin and escaped the general massacre. Four of the men at night
took a ships boat and attempted to get away, but were driven ashore
by the incoming tide and wind and murdered. I^ewis determined to
take a terrible revenge upon the Indians while sacrificing his own life.
He enticed about a hundred on board the ship and firing the magazine
sent them all to distruction. The interpreter who was in the cross-
trees, was thrown into the water and escaped unhurt and afterwards
carried the news to Astoria.

"In the spring of 18 11," odys Gray in his history of Oregon,
"Wilson Price Hunt with other partners Cook, M'Kenzie and
M'Clellen, with a party of sixty men started across the continent.
They were extremely anno3'ed by the opposition fur traders on their
route and also by hos*;ile Indians. Such of the party as did not perish
by famine and hostile Indians and British fur traders, arrived at
Astoria on the 28th of January 1812."

Mr. Hunt visited the Russian ports to negotiate commercial inter-
course, where he was delayed through variou,s causes for a year, dur-
ing which time discord seems to have arisen among the remaining
partners, and as they had received news that the United States and
England were at war, and a naval vessel was coming to capture
Astoria, the establishment, with all the turs was sold at a great sacri-
fice to the Hudson's Bay Company. November 30, 18 13, the British
sloop-of-war Raccoon entered the river and captured Astoria and
changed the name to Fort George. By the terms of the treaty of Ghent,
Astoria was restored to the United States October 6, if 18.

On Dec. 29, 1823, Mr, Floyd of Virginia, in the House of Repre-

! .::''iii

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brown's political history.

1824

sentatives, moved that a committee be appointed to inquire into the
expediency of occupying the Oregon or Columbia river, and to regu-
late intercourse with the Indian tribes, and to report by bill or other-
wise. On April 15, 1824, Mr. Floyd submitted the following report
which was read and laid on the table. The report is as follows :

The committee to whom was referred the resolution of the 29th day
of December last, instructing them to inquire into the expediency of
occupying the mouth of the Oregon or Columbia river, have had the
same under consideration, and ask leave to report. That they have
considered the subject referred to them, and are persuaded, that, both
in a military and commercial point of view, the occupation of that
territory is of great importance to the Republic ; but as much has
been submitted to the house on these points by former committees
they have now deemed it necessary only to present a view of the diffi-
culties which would probably present themselves in accomplishing
that object, and the manner in which they can be overcome. To
obtain information, a letter to this end was addressed to an officer of
the army, whose integrity in the public service is well known to the
House, and whose military knowledge is entitled to the highest
respect ; that officer is Brig. Gen'l Thos. S. Jesup ; answered so satis-
factorily to the committee, that they have presented the answer, and
adopted it as a part of this report :

'' Quartermaster Generai^'s Office, |

Washington, April 26 1824. )

Sir : — In reply to your letter, dated 30th ult., requesting me to communicate
"any facts, views, or opinions, which may have presented themselves to me,
relative to the probable difficulty of making an establishment at the mouth of
the Columbia river, and the military advantages of that establishment," I have
the honor to remark, that, ever since my attention was first directed to the sub-
ject, I have considered the possession and military command of the Columbia,
necessary not only to the protection of the trade, but to the security of our West-
em frontier. That flank of our country, entending from the lakes to the gulf of
Mexico, is everywhere in contact with numerous, powerful and warlike Indian
nations ; who, altogether, might be able to bring into the field from 20,000 to
30,000 warriers. Most of those nations communicate, either with the British to
north and west, or the Spanish to the south. In the event of war, that force,
with a few hundred foreign troops, or under the influence of foreign companies,
might be made more formidable to us than any force which Europe combined
could oppose to us. On the other hand, if such measures be adopted as to secure
a proper inflnence over them, and, in the event of war, to command their co-
opeidtion, they, with the aid of a few small garrisons, would not only afford
ample protection for that entire line, but would become a scourge of our enemies.
The danger to be apprehended, can only be averted by proper military establish-
ments ; and whether the post at the mouth of the Columbia be intended to secure
our territory, protect our traders, or to cut off" all communication between the

18^4

i824

PROVISIONAL GOVERNMENT.

uire into the
and to regu-
bill or other-
owing report
oUows :

the 29th day

xpediency of

have had the

at they have

d, that, both

tation of that

as much has

:r committees

w of the difl&-

ccomplishing

vercome. To

o an officer of

known to the

• the highest

rered so satis-

e answer, and

Vs Office,!
[■/ 26 1824. S

to communicate
emselves to me,
at the mouth of
shment," I have
cted to the sub-
f the Columbia,
rity of our West-
ces to the gulf of
L warlike Indian
i from 20,000 to
th the British to

war, that force,
reign companies,
lurope combined
)pted as to secure
nmand their co-

not only afford
e of our enemies,
lilitary establish-
itended to secure
tion between the

Indians and foreigners, I should consider a line of posts extending from the Coun-
cil BluflFs entirely across the continent necessary. Those posts should be situated,
as well with a view to command the avenues through which the Indians pass
from the north to the south, as to keep open communication with the establish-
ment at the mouth of the Columbia. A post should be established at the Man-
dan villages, because, there the Missouri approaches within a short distance of
the British territory and it would have the effect of holding in check the Hud-
son's Bay and North West companies, and controlling the Rickarees, Mandans,
and other Indians, who either reside or range on the territory east, north, and
west of that point. A post at, or near, the head of navigation on the Missouri,
would control the Blackfoot Indians, protect our traders, enable us to remove those
of the British companies from our territory, and serve as a depot, at which detach-
ments moved toward the Columbia might either be supplied, or leave such stores
as they should find it difficult to carry with them through the mountains. It
might also be made a depot of trade and of the Indian department. To keep
open the communication through the mountains, there should be at least one
small i)ost at some convenient point between the mountains and the Columbia,
and on the latter river and its tributaries, there should be at least three posts.
They would afford present protection to our traders, and, on the expiration of the
privileges granted to British subjects to trade on the waters of the Columbia, would
enable us to remove them f.om our territory, and to secure the whole to our
citizens. They would also enable us to preserve peace among the Indians,
and, in the event of foreign war, to command their neutrality or their assistance,
as we might think most advisable. The pos;a designated, might be established
and maintained, at an additional annual expense not exceeding $40,000. By
'j extending to those posts the system of cultivation, now in operation at the
Council Bluffs, the expense of supplying them would, in a few years, be greatly
diminished. Mills might be erected at all those posts, at a trifling expense, and,
the whole country abounding in grass, all the domestic animals necessary, either
fcr labor or subsistence, might be supported. This would render the establish-
ment more secure, and, consequently more formidable to the Indian nations in
their vicinity.

As to the proposed posts on th. TDlumbia, it is believed they might be sup-
plied immediately at a low rate, v ': at may be obtained at New California, at
about 25 cents per bushel, and beef cattle at $3 or $4 each. Salt, in any quantity
required, may be had at an island near the Peninsula of California. Should
transportatic M not be readily obtained fcx those articles, vessels might be con-
structed by the troops. To obtain the defirecl advantages, it is important, not
only that we occupy the posts designated, but that we commence our operations
without delay. British companies are wealthy and powerful ; their establish-
ments extend f-om Hudson's Bay and Lake Superior to the Pacific ; many of
theui within our territory. It is not to be supposed they would surrender those
aclvancug .Ithout a struggle, and, though they should not engage in them-
selves, they, might render all the Indians, in that extensive region hostile. The
detachment intended to occupy the mouth of the Columbia might leave the
Council Bluffs in June, and 150 men proceed with the boats and stores ; and, as
the country is open, and abounds with grass, the remaining 50 might proceed by
land, with horses intended for the transportation across the mountains, and
might drive 300 nc 400 beeves to the Mandan village or to the falls of the Mis-
souri ; at one of ihese places the parties should unite and spend the winter. The
latter would be preferable, because there they might be able to establish a

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brown's political history.

1824

friendly intercourse with the Blackfoot Indians, or, at all events, by impressing
them with an idea of the power of the nation, restiain their depredations upon
the neighboring tribes, and deter them from acts of outrage upon our traders.
They might, also, during the winter, reconnoiter the several passes through the
mountains, prepare provisions necessary to support them on the march, and
c!own the Columoia ; and, if authorized to do so, remove from the territory all
tLe British traders on the waters of the Missouri. They would necessarily
remain at, or in the vicinity of their wintering ground, until June, but might be
occupied during the months of April and May, in opening a road to the moun-
tains and constructing bridges over the numerous streams on the route. This
work performed, they might, in about twenty days reach the navigable waters of
Clarke's river, a branch of the Columbia, and in ten days more, prepare trans-
portation to descend to their destination, where, after every necessary allowance
for accidents and delays, they would certainly arrive by the month of August.

The vessels employed to transport the stores by sea, might leave the United
States in the month of November, and wi aid arrive at the mouth of the
Columbia in April, at least four months are the detachment fiom Council
Bluffs could reach that point ; and, unle ships should be detained during

that time, which could not be expected, u- atores would be exposed to damage
and depredations, and, perhaps, by the time the troops should arrive, would be
entirely destroyed. It would therefore, seem to me a measure of prudence, that
at least one company of artillery be transported with the stores. That descrip-
tion of the force would be found necessary at the post, and the ships would afford
them ample accommodations.

That the route from the Council Bluffs to the mouth of the Columbia is
practicable, has been proved by the enterprise of more than one of our citizens.
It, no doubt, presents difficulties; but difficulties are not impossibilities. We
have only to refer to the pages [of our history to learn that many operations, in-
finitely more arduous, have been accomplished.

A post at the mouth of the Columbia is important, not only in relation to the
interior trade, and the military defense of the Western section of the Union, but,
also, in relation to the naval powers of the nation. Naval power consists, not in
ships, but tn seamen ; and to be efficient, the force must always be available.
The northwest coast of America is an admirable nursery for seamen — many of
our best sailors are formed there ; without a naval station, however, on the
Pacific, the force employed in the? whale |fishery, as well as in sealing, and the
northwest trade, would in the event of war, with a great maritime power, be, in
some measure, lost to the nation. But, that establishment made, it would afford
a secure retreat to all our ships and seamen in that section of the globe ; and the
force, thus concentrated, might be used with effect against the trade, if not the
fleets or possessions of the enemy, in place of being driven to the Atlantic, or
perhaps captured on their way. The establishment might be considered as a
great bastion, commanding the whole line of coast to the north and south ; and
it would have the same influence on that line which the bastion of a work have
on its curtains ; for the principles of defense are the same whether applied to a
small fortress, or to a line of frontier, or even an entire section of the globe. In
the one case, the missies used are bullets and common shot, in the other, ships
and fleets. I have the honor etc. ,

HON. J. FIvOYD, H. of R. TH. S. JESUP.

The above report was laid upon the table, as Congress did not seem

i824

1824

PROVISIONAI. GOVERNMBNT.

by impressing
iredations upon
on our traders,
ses through the
he march, and
the territory all
uld necessarily
le, but might be
id to the moun-
he route. This
igable waters of
, prepare trans-
issary allowance
h of August,
eave the United

mouth of the
it fiom Council
detained during
posed to damage
irrive, would be
f prudence, that
That descrip-
ips would afford

die Columbia is
e of our citizens,
ossibilities. We
ly operations, in-

in relation to the
f the Union, but,
r consists, not in
lys be available.
;amen — many of
however, on the
sealing, and the
me power, be, in
e, it would afford
e globe ; and the
: trade, if not the

the Atlantic, or
; considered as a

1 and south ; and
n of a work have
ther applied to a
3f the globe. In
ti the other, ships

:h. S. JESUP.
ss did not seem

disposed to consider the subject, and on the following January 24, Mr.
Floyd introduced the following resolution, which was adopted :

Resolved, That the President be requested to cause to be laid before this
House an estimate of the expenses which would be incurred by transporting 200
of the troops now at Council Bluffs to the mouth of the Columbia or Oregon
river.

To this the f*resident sent the following message :

To the House of Representatives of the United States: The House of Repre-
sentatives on the 26th ult., having resolved, that the President be requested to
cause to be laid before it an estimate, etc., I herewith transmit a report of the
Secretary of War, which contains the information required.

February 29, 182.1 JAMES MONROE.

Department ok War, February 17, 1824.
The Secretary of War, to whom was referred the resolution of the House of
Representatives of January 26th * * has the honor to transmit a report of the
Quartermaster-General which contains the information required.

J. C. CALHOUN.

Quartermaster-Generai. Office, I

Washington, February 16, 1824. |

Sir : — In obedience to your order, dated the 30th ult., requiring an estimate
of the probable expense of transporting 200 of the troops from Council Bluffs on
the Missouri river to the mouth of the Columbia river, I have the honor to report
that the expenses will consist : i — Of an outfit of boats, and the necessary
tools and materials to keep them in repairs to transport the detachment from
Council Bluffs to the head of navigation on the Missouri and Yellow Stone river,
2 — The number of horses necessary to transport the detachment, their pro-
visions, and stores, from that place to some navigable point on the Columbia
river, and tools to open a road and construct bridges on the route. 3 — The
tools and materials necessary to enable them to construct boats to descend the
Columbia.

I take it for granted that the ordnance, clothing, provisions, and all the
heavy baggage required for the use of the detachment, after it shall have arrived
at its destination, will be transported by sea, and that no other supplies than
those actually necessary on the march, will be taken across the Rocky moun-
tains. If so, the whole outfit, including arms, ammunition, and provisions, for
twelve months, would not exceed 140 tons ; the transportation of which ten boats,
which, with all their equipments, would not exceed $700 each, would be sufficient.
Fifteen hundred dollars would provide all the tools that would be required in
opening a road and constructing bridges between the navigable points of the
Missouri and the Columbia. And 200 horses would be amply sufficient for the
transportation over that route. These horses could be obtained from the Paw-
nees near Council Bluffs, or from the Mandans, perhaps not costing the govern-
ment more than $15 to $20 each ; at all events, not more than $25 each. Fifteen
hundred dollars would provide all the tools and materials necessary to construct
boats to descend the Columbia. The necessary expenses then, incident to the
movement, would be :

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44 brown's pouticai. history. 1824

For ten boats at $700 each $ 7i000

For intrenching and other tools necessary on the march _. 1,500

For 200 horses, at $25 each 5,000

For tools and materials for boats on the Columbia 1,500

Total .-- $15,000

Add an equal sum for unseen expenses - 15,000

And the whole amount required will be j $30,000

To transport the heavy baggage, ordnance, and a supply of provisions by sea
two vessel? at $7,000 each, $14,000, making the entire operations by land and sea,
$44,000. Small as this estimate may appear when we consider the magnitue of
the object proposed to be accomplished, I feel confident that, if the operations
be conducted by the military, it would be more than sufficient.

TH. S. JESUP.

It will be observed, that the idea of taking wagons to the great
Columbia basin never occurred to General Jesup, and that fact was
left to be demonstrated by citizen enterprise and heroic pluck eighteen
years afterwards.

It evidently was the intention of the Hudson's Bay Company as
agents of the British Government to, if possible, wrest from the United
States the vast domain owned by her on the northwest coast by right
of discovery, if not by the Louisiana purchase. The royal charter
was granted to this company, May 2, 1670, and was supposed to
operate in the country in contiguity to Hudson's Bay, but they ex-
tended their explorations and built trading posts all over the whole
northwest territory and as far south as the northern boundary of the
Mexican possessions, and drov^e out all competition either by fair or
foul means. Even in the decadence of this powerful company after a
remarkable career of nearly two centuries, there were on November
17, 1847, 239 proprietors or members, representing a capital stock of
;^40o,ooo, or nearly $2,000,000. No one could hold office without he
held ;^i,8oo of stock, so it was a rich man's or aristocratic institution.

As the bitterness that had been engendered between the Hudson's
Bay Company and the American Fur Company had grown to such a
degree that the attention of Congress was called to the matter.
Senator Benton wrote a note of inquiry to Mr. Ashley, one of the
principal partners in regard the matter, receiving the following, which
was submitted by Mr. Benton, December 24, 1827, and referred to the
Committee on Foreign Relations, and ordered printed :*

1 Poreign Relatioas, p. 706, No. 458.

iiiin

1 824

1827

PROVISIONAI. GOVERNMENT.

$ 7.000

1,500

5.000

1,500

$15,000

15,000

$30,000

•ovisions by sea

y land and sea,

;he magnitue of

the operations

I. S. JESUP.

to the great
that fact was
luck eighteen

y Company as
Dm the United
:oast by right
royal charter
s supposed to
, but they ex-
iver the whole
)undary of the
ither by fair or
impany after a
on November
ipital stock of
ice without he
tic institution.

I the Hudson's
:own to such a
o the matter,
ey, one of the
Uowing, which
referred to the

Mr. Ashley to Mr. Benton.

St. Louis, Nov. 182J.
Dear Sir : — ^Your letter making inquiries of me concerning trade and inter-
course with Indians west of the Rocky mountains, &c. , is at hand. In reply, I
will remark that I have no knowledge of any of our citizens being west of the
Rocky mountains, upon the territory of the United States, except those employed
or equipped by me ; and, having a pretty correct idea of the bounds of their opera-
tions, can with certainty, say that in no instance have they advanced north of the
forty-ninth degree of north latitude, the supposed boundary between the United
States and Great Britain. We believe that, in extending our operations north of that
boundary, we should greatly endanger our property and lives, inasmuch as we should
be exposed to numerous hostile Indians, who are under the immediate influence of
British traders, as well as those traders themselves. I have been creditably in-
formed that the Hudson's Bay Company will not even allow the men in their serv-
ice to trap beaver north of the forty-ninth degree of latitude, west of the Rocky
mountains. The pol .cy of this regulation must be obvious to all, that they intend
to make the best use of the privilege granted them by the treaty of 1818, allowing
British subjects free trade and intercourse upon the territory claimed by the United
States south of that degree of latitude. The British have extended their trapping
excursions as far south as the Mexican territory ; and appearances justify the be-
lief that they have been so engaged, between the thirty -ninth and forty-ninth de-
gree of latitudes, for the last ten or fifteen years. I have no criterion by which to
estimate the probable amount of iiirs taken by them in that time, but by the pro-
ducts of the labor of men employed or equipped by me in the same business, and
upon the same grounds, for the last three years, and from information derived
from men who have been in the service of the Hudson's Bay Company for many
years. The products of the American hunters, ( about 100 in number, ) for three
years before mentioned, averaged about $600 annually, each, making a sum of
$180,000 for that period ; they collect those furs from streams that had been previ-
ously, and in many instances, repeatedly, trapped by the British, That the same
water courses did, when first trapped, furnish double the quantity of furs in the
same time, with the same labor, I have not the least doubt.

In the winters oi ;824 and 1825, Mr. Jedediah S. Smith, with a small party of
Americans, visite \ <? ae of the British establishments at the mouth of Flathead river,
a branch of the Columbia. Mr. Ogden, who had charge of that post, informed
Mr. Smith, rather exultantly, that his party, composed of about sixty men, had
taken during their operations in the district of country claimed by the Snake Indi-
ans, ( a small portion of our territory west of the Rocky mountains ) 85,000 beaver,
equal to ^150,000, worth say $600,000. The time employed in collecting those
furs, as well as I now recollect, was between two and three years. A considerable
portion of our territory west of the Rocky mountains being as yet unexplored, the
extent of our fur region is uncertain ; it, however, would not be an extravagant
estimate to include half of the whole of our territory west of the thirtieth degree
of longritude, ( counting from Washington City, ) under that denomination ; and
such is the peculiar situation of the country that, under suitable regulations, it
would probably aflFor I a great quantity of furs for centuries to come. I have been
brought to this conclusion from the opinions of the most experienced hnnters, and
in some degree from my own observations, that, after trapping beaver where they
were considered plenty, until they became so diminished in numbers as not to jus-
tify the hunters continuing his operations at the same place, leaving the streams

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brown's political history.

oti7

'Pi I"!

■•■; J

I I

undisturbed for five or six years, they will, at the expiration of that time, be found
as numerous as when first trapped. The beaver is a shy, sagacious animal ; they
become, after being pursued for some time, to understand their enemies, and avoid
the traps set for them ; consequently a sufficient number is left to produce their
origi»^ _ number in the course of five or six years.

I have been info.med that the British have three or four posts established south
of the forty-ninth degree of latitude, but do not know the location of but one, that
is at the mouth of the Flathead river, a branch of the Columbia, and about the
center of the territory west of the Rocky mountains. I have not in every instance
answered the questions contained in your communication, but have stated circum-
stances which would govern me in my opiuious, and which will lead you to such
conclusions as those circumstances deserve. Putting aside the impropriety of suf-
fering foreigners to enter upon our territory and gathering its wealth without any
advantage whatever to our Government, and to the great inconvenience and injury
of our citizens engaged in the same pursuits, the serious consequences that may
arise from the influence of foreigners among our western Indians, should be a suf-
ficient objection to exclude them.

In relation to this matter, Missouri has the greatest cause to complain. We see
our Government locating upon the western borders of our State, numerous savages
whose minds have been already poisoned against us by British influence. If the
same influence is suffered to be experienced among the savages in the region of
the Rocky mountains, what numerous savage foe may we expect at some period,
perhaps not far distant.

Your obedient servant,
Hon. Thos. H. BENlfON. W. H. ASHLEY.

There is not the least doubt but that the Hudson's Bay Company
did all in their power to prejudice the Indians west of the Rocky mount-
ains against all Americans, stating that they were women, and would
not fight ; and this fact was generally known, and probably had some
influence in precipitating the Whitman masacre in 1847.

The Merchant's Journal of Sept. 25, 1840, said: "It is time
that the question of jurisdiction over the Oregon territory, now mooted
by the English and this Government, were examined and facts clearly
ascertained and settled, whether we are entitled to that country as is
generally believed, or whether the English can claim it according to the
law of nations. The longer the adjustment of this question is delayed,
the more difficult it will be to come to an amicable settlement. The Hud-
son's Bay Company already act as if the whole country west of the
Rocky mountains belonged to Great Britain, to the great detriment of
American citizens, who are engaged in similar undertakings, and are
struggling with difficulties thus thrown in their way."

The St. Louis Gazette says that the value of the furs and peltries
obtained by the American Fur Company, the last year (1839) consist-
ing of beaver, buffalo, otter, deer skins, etc., is about $250,000.

ol'iy

1834

PROVISIONAL GOVERNMENT.

time, be found
\ animal ; they
nies, and avoid
• produce their

tablished south
}f but one, that
and about the
every instance
; stated circum-
ad you to such
ropriety of suf-
th without any
ence and injury
;nces that may
should be a suf-

iplain. We see
merous savages
fluence. If the
in the region of
it some period,

HIvEY.

Jay Company
Rocky mount-
;/i, and would
ibly had some

"It is time
', now mooted
d facts clearly
country as is
:cording to the
on is delayed,
nt. TheHud-
y west of the
t detriment of
Icings, and are

rs and peltries
;i839) consist-
out 1250,000.

Their operations have been much circumscribed recently, on the
west, by the Hudson's Bay Company, who possesses the great ad-
vantage of introducing the goods required for carrying on the trade,
free of duty. In the Rocky mountain expedition undertaken two or
three years since, by the American Fur Company, they sustained a
loss of $60,000, being unable to compete with the Hudson's Bay
Company for the reasons above stated. The branch of the latter com-
pany, in the Columbia, has obtained the present season about one
hundred packs of beaver, worth $40,000, two-thirds of which have
been taken on the territory claimed by the United States. With this
competition, the American Fur Company have found it necessary to
confine their trade to the Missouri river and its tributaries, leaving the
uncontrolled possession of the Rocky mountains and the Oregon terri-
tory to the English company.

Statement of skins sold by the Hudson's Bay Company, for four
years, commencing with December, 1834 •

1834.

Beaver —

Martin

Otter

Fox, silver and cross

Fox, other sorts

Muskrat

Bear

Ermine

Fisher

Lynx

Mink

Wolf

Badger

Swan

Raccoon

649

5
14
25
8
I
7

,288

,490

.303
,063

,876
192

.457
491
,296

.255
,100
,484
009
,918
7K

1835.

79,908
61,005
15.487

t)IO

8,; n

1,111,616

4,127

2,479

9.990

17,809

3.722
698

4,703
522

1836.

46,063

52,749

8,432

471

1,924

160,906

1.715

1.327

3,762

12,218

307

201

1837.

82,927
156,118

15.934

2,147

822,861

738,549
8,763

6,115
31,887
27,^50

7,031
754

6,600

585

Total.

307,186

334.362

62,156

4.592

842,361

2,660,263

22,062

491

15,117

59,894

82,277

19,544
2,662

19,233
1.919

That being over 23,418,109 animals destroyed for their pelts and
furs, besides 19,238 swans in four years. The question would natur-
ally arise what could have been the amount of money that has been
lost to the American people and Government through the almost
idiotic policy of our ministers and plenipotentiaries in granting joint
occupancy to the vast domain of the northwest and its untold wealth
of furs and pelts. As soon as this cream of wealth had been skimmed,
the British Government evinced a desire to have the momentous and
intricate question settled, and it was settled in a short time when Her
Majesty's Government gave its consent to the same, years afterwards.

From 18 18 to 1846, Oregon was a subject of diplomatic ccntro-

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brown's political history.

1834

versy, and the people of the United States became interested in the
subject and called upon Congress, through petitions of individuals, so-
cieties, churches, and memorials of State I^egislatures, to take some
action in regard to the matter. Among the first and most persistent
was " Hall J. Kelly, A. M., of Three Rivers, Massachusetts, v«fho hav-
ing as far back as 1817, been impressed with the importance of forming
American settlements in Oregon, had through long weary years, given
to the subject the energies of a cultivated mind, and the resources of a
fortune by no means small at first,"' determined to go to Oregon.

Mr. Kelly crossed the continent and arrived at Vancouver, October
15, 1834, bringing with him Ewing Young, a man who possessed great
energy and determination, and was destined in a few years that he
lived to become historical. Mr. Kelly on account of ill health was
obliged to return home, but did not give up his cherished idea of col-
onizing Oregon, although he never became a settler, he did a gieat
deal to attract attention towards and awaken interest in regard to Ore-
gon.

Captain Nathaniel J. Wyeth was the next prominent figure in the
pages of history, he organized an explorirg expedition in 1832, return-
ing home che following year, and in 1 834 sent a ship with goods to the
Columbia river, at the same time bringing out the first installment of
supplies for Rev. Jason L<ee's Methodist Mission. Captain Wyeth
coming overland, escorting Revs. Jason and Daniel lyce, Messrs. Cyrus
Shephard and P. E. Edwards, laymen. Dr. Nutall and J. K. Towns-
end, scientific gentlemen ; the first a botanist, the latter an ornitholo-
gist. Captain Wyeth remaining in the interior to erect a trading post.
The remainder of the party arrived at Vancouver under escort of the
Hudson's Bay Company employees, and were warmly welcomed by
that good man and public benefactor. Dr. John Mclyoughlin, Chief
Factor or Governor of the Hudson's Bay Company on the northwest
coast.

Of Wyeth's party of 1832, there remained John Ball, Calvin Tib-
betts, Solomon H. Smith. During that winter, Mr. Ball taught a
school at Vancouver, which was the first ever taught on the Pacific
coast. Joseph Gale also came that year from California.

I quote the following from a document written by Dr. Mcl/)ughlin
and found among his papers after his death, stating why he advised
the missionaries to settle in the Willamette valley, and the sequel
clearly demonstrated his wisdom :

I J. Quinn Thornton, Pioneer Proceedings.

i^ ; I

1836

PROVISIONAL GOVERNMENT.

" In 1834, Messrs. Jason and Daniel Lee, and Messrs Walker and P. L. Edwards
came with Mr. Wyeth to establish a mission in the Flathead country. I observed
to them that it was too dangerous for them to establish a mission ; that to do good
to the Indians, they must establish themselves where they could collect them
around them ; teach them first to cultivate the ground and live more comfortably
than they do by hunting, and as they do this, teach them religion ; that the Wil-
lamette afforded them a fine field, that they ought to go there, and they would get
the same assistance as the settlers. They followed my advice and went to the Wil-
lamette, and it is but justice to these pioneers to say that no men, in my opinion,
could exert themselves more zealously than they did till 1840, when they received
a large reinforcement of forty or more persons, then the new-comers began to neg-
lect their duties, discord sprung up among them and the mission broke up."

Dr. Marcus Whitman and Rev. Samuel Parker were sent by the
American Board of Foreign Missions to explore the country with a
view of establishing missions in Oregon. They traveled together until
they reached the Rocky mountains, when Dr. Whitman returned for
reinforcements, and Mr. Parker continued his journey, arriving that
year and spent considerable time in traveling over the country, and on
returning home wrote a very interesting book of his trip and on Oregon.

The next year Dr. Whitman accompanied by his wife, Rev. H. H.
Spalding and wife, Mr. Wm. H. Gray, secular agent, started across
the trackless plains and mountains for 3,000 miles, and arrived at Fort
Walla Walla, September 2, 1836, and were kindly received by the offi-
cers of the Hudson's Bay Company. To these two ladies belong the
historical honor of being the first white women who crossed the plains,
making the entire journey on horseback, but were sustained by relig-
ious enthusiasm to enter upon their missionary duties ; how well they
i were rewarded subsequent events will show. After remaining a few
I days at Walla Walla, the party proceeded down the Columbia to Fort
Vancouver and arrived on the 1 2th of that month and were cordially
welcomed by Dr. McIyOUghlin. In due time these missionaries re-
I turned up the Columbia to the stations assigned them.

Before starting on their journey, Dr. Whitman and Rev. H. H,
[ Spalding were furnished with the following permit by the Secretary of
jWar, lycwis Cass, to settle in Oregon. It may be that this permit,
caused these two gentlemen to consider the advent of the Catholic
[priests as interlopers, especially as they were foreigners.

War Department, Office of Indian Affairs, 1

March i, 1836. j
Sir : — At the request of the Rev. Mr. Green, of Boston, Massachusetts, I en-
Iclose you a permit for yourself and Dr. Marcus Whitman to reside in the Indian
[country among the Flathead and Nez Perces Indians.

Very respectfully, ALBERT HERRING.

IREv. H. H, Spalding, St. Louis, Mo.

nr*

.ij.ii,j

iiilli

brown's political history.

1837

The American Board of Foreign Missions having apprised the Department,
that they have appointed Dr. Marcus Whitman and Rev. H. H. Spalding, both of
the state of New York, to be missionaries and teachers to reside in the Indian
country, among the Flathead and Ncz Perces Indians. Approving the designs of
said board, these gentlemen are permitted to reside in the country indicated, and I
recommend them to the officers of the army of the United States, to the Indian
agents, and to the citizens gv...~'«illy ; and request for them such attentions and aid
as will facilitate the accomplishment of their object, and protection, should cir-
cumstances require it.

Given under my hand and seal of the War Deparment, this ist day of March,
1836. LEWIS CASS,

Sec^ of War.

As a description of Fort Vancouver as it appeared at that time,

might prove of interest at this late day, I quote from Mr. Gray who

was one of the party :

" Fort Vancouver was a stockade, built with fir logs about ten inches in diam-
eter, set four feet in the ground, and about twenty feet above, secured by pieces of
timber pinned on the inside, running diagonally around the entire stockade, which
at that time covered or enclosed about two acres of ground. The old fort as it was
called was so much decayed that the new one was then being built, and portions of
the old one replaced. The storehouses were all built of hewn timbers, about six
inches thick, and covered with sawed boards one foot wide and one inch thick, with
grooves in the edges of the boards, placed up and down upon the roof, in place of
shingles ; of course, in case of knot-hole or a crack, it was a leaky concern. All
the houses were covered with boards in a similar manner in the new quarters. The
partitions were all upright boards planed, and the cracks battened ; floors were
mostly rough boards, except the office and the Governor's house, which were
planed. The parsonage was what might be called of the balloon order, covered
like the rest, with a big mud and stone chimney in the center. The partitions and
floors were rough boards. There were but two rooms, the one used for dining
room and kitchen, and the other for bed room and parlor. The doors and gates
of the fort, or stockade, were all locked from the inside, and a guard stationed over
the gate. In front of the Governor's house was a half circle double stairway, lead-
ing to the main hall up a flight of some ten steps. In the center of the semi-circle
was one large 24-pound cannon mounted on a ship's carriage, and on either side
was a small cannon, or mortar gun, with balls piled in order about them, all point-
ing to the main gate entrance ; latterly, to protect the fort from the savages that
had commenced coming over the Rocky mountains, a bastion was built, said to be
for saluting Her Majesty's ships when they might arrive or depart from the coun-
try."

Naval Agent William A. Slacum was sent by the United States
Government to the mouth of the Columbia, by sea, and arrived there
in 1836. The following I quote from his report to the State Depart-
ment, dated March 8, 1837 :

" Fori Vancouver, the principal depot of the Hudson's Bay Company west of
the Rocky mountains, stands on a gentle acclivity 400 yards from shore, on the
north bank of the Columbia or Oregon river, about 100 miles from its mouth.
The principal buildings are enclosed in a picket, forming an area of 750 by 450

i837

1837

PROVISIONAL GOVERNMENT.

le Department,
aiding, both of
in the Indian
the designs of
ndicated, and I
, to the Indian
entions and aid
ion, should cir-

day of March,
CASS,
•'jV of War.

at that time,
[r. Gray who

inches in diam-
ired by pieces of
stockade, which
aid fort as it was
t, and portions of
mbers, about six
; inch thick, with
roof, in place of
ky concern. All
;w quarters. The
ned ; floors were
use, which were
,n order, covered
'he partitions and
e used for dining
e doors and gates
ard stationed over
ble stairway, lead-
of the semi-circle
and on either side
ut them, all point-
i the savages that
IS built, said to be
irt from the coun-

i United States
id arrived there
le State Depart-

jr Company west of
from shore, on the
s from its mouth,
area of 75° by 45°

feet. Within are thirty-four buildings, comprising officers' dwelling-houses, and
workshops for the various mechanics, all of wood, except the magazine for
powder, which is of brick. Without and near the fort, are forty-nine cabins for
laborers and mechanics, a large barn and seven buildings attached thereto ; an
hospital and large boat house on the shore six miles from the fort. On the north
bank the company have erected a sawmill on a never- failing stream which falls
into the Columbia, which cuts over 2,000 feet of lumber daily, employs twenty-
eight men, chiefly Sandwich Islanders, and ten yoke of oxen ; the depth of water
at the mill is four fathoms, where the largest ships of the company take in their
cargoes for the Sandwich Island market. The farm at Vancouver contains at this
time about 3,000 acres of land, fenced and under cultivation, employing generally
100 men, chiefly Canadians and half-breed Iroquois ; the mechanics are Euro-
peans. These, with the factors, traders, clerks and domestics, may be estimated
at thirty. The laborers and mechanics live outside the fort in good log cabins,
two or three families generally under one roof; and as nearly every man has a
wife, or lives with an Indian or half-breed woman, and as each family has from
two to five slaves, the whole number of persons about Vancouver may be est'
mated at from 750 to 800. The police of the establishment is as strict p.i the
best- regulated military garrison. The products of the farm this year v.ere 8,000
bushels of wheat, 5,500 of barley, 6,000 of oats, 9,000 of peas, 14,000 of potatoes,
besides large quantities of turnips, rutabaga, pumpkins, etc. About 6,000 bushels
of wheat, old crop, remain on hand. Stock consists of about 1,000 head of meat
cattle, 700 hogs, 200 sheep, 450 to 500 horses and forty yoke of working oxen.
There are a large threshing machine, distillery (not at present in operation) and a
gristmill. The farm is abundantly supplied with implements for a much larger
establishment, and will be much increased the ensuing year. A thriving orchard
is planted. The apple, pear, quince and grape grow well. The London ship
usually arrives in early spring ; discharges, and takes in a cargo of lumber for the
Sandwich Islands ; returns in August to receive the furs that are brought to the
depot (Fort Vancouver) once a year from the interior, via Columbia river, from
the Snake country, and from the American rendezvous west of the Rocky moun-
tains and from as far south as St. Francisco. While one of the company's vessels
brings in the furs and peltries collected at the different depots along the coast at
the north, the steamboat is employed in navigating the magnificent straits from
Juan de Fuca to Stickem. Immense quantities of furs, sea otter, beaver, martin
and sable, can be collected along the shores of these bays and inlets. * * An
express, as it is called, goes out in March yearly from Vancouver, and ascends the
Columbia coo miles in batteaux. One of the chief factors take charge of the
property, and conveys it to York Factory, on Hudson's Bay ; the anmiiil returns
of the busiupe? oeing conducted by the Hudson's Bay Company west ot the
Rocky mountains, in the Columbia district. This party like' vise conveys to the
different forts along the route goods suitable to the Indian trade. Other parties
take up supplies, as they may be required, to W^alla Walla, 250 miles above Van-
couver ; to Colville, 600 miles above ; to the fort at the junction of Lewis river,
700 fniles further ; to the south, to Fort M'Roye, on the River Umpqua, in latitude
43° 50' north ; and last year. Chief Trader McLeod took up to the American
rendezvous, in latitude 43° north, a large supply of British marmfactures. This
assemblage of American trappers and hunters takes place annually on the western
side of the Rocky mountains, generally in the month of July, and amounts to 450
to 500 men, who bring the result of their year's lubor to sell to the American fur-
traders. These persons purchase their supplies at St. Louis ; and, of course, find

■ in

brown's political history.

1834

it hard to contend with the British company's agents, who have neither the same
burden of duties on their goods, nor the same arduous journey."

Vancouver was made the headquarters in 1825, by Dr. McLoughlin,
A^ho came to this coast in 1824. In 1825, the Hudson's Bay Company
had twenty-five head of cattle, all told, and as it was very expensive
to obtain any by sea. Dr. Mclyoughlin decided that none should be
killed, except one bull calf annually for rennet to make cheese. This
band of cattle had increased considerably, and Dr. McLoughlin made
a rule to loan cows to those who wished them for milk, but reserved
the ownership and increase. The reason he would not sell, was that
those who had ths means would make purchases and then speculate
upon their poorer neighbors.

There arrived in the Willamette valley from California in October,
1834, the party of Hall J. Kelly and Ewing Young, with a band of
nearly one hundred horses and mules. Kelly has already been spoken
of as having been for years imbued with the idea of forming American
settlements in Oregon, and he now entered the country for the first
time, to lay the foundation for the consummation of his long cherished
plans. They were denied admission to Fort Vancouver where they
arrived October 15, in consequence of a letter which had been received
by Chief Factor Mcl^oughlin from the Governor of California in which
Kelly and Young were denounced as horse thieves, and their
party as banditti. But as Kelly was suffering with a relapse of
fever, of which he had a severe attack while crossing the mountains
of Southern Oregon, he was furnished with a but outside of the fort,
with medical aid and all else necessary for his comfort during the
winter, This treatment, although humane, would have been more
cordial if the letter had not been received as above spoken of. In the
following March (1835) Kelly discouraged and disheartened, took
passage in the company's ship Dryad, Capt. Keplin for the Hawaiian
Islands ; and never returned to the country which had so long been
the subject of his fondest hopes and brightest dreams.

After leaving Fort Vancouver, Young had returned to French
Prairie in the Willamette valley, where he found that the people had
been cautioned by means of posted notices, to receive neither him nor
any of his party of bandits into their houses. Young tore dov/n the
notices in a rage, and by his indignant denials of the charges against
him so far modified the opinion of McL,oughlin concerning him that
the latter wrote to Figuerra in the spring when the Cadbow returned
to California, to learn the basis of the charges [against Young. An

1 834

PROVISIONAL GOVERNMENT.

answer to this letter was received upon the next arrival of the Cad-
bow, stating that the real thieves, who started with Young, had left
his party when they found they were under suspicion. This letter
exonorated Young, and together with his straightforward course since
arriving in the country, went far toward repairing the mischief that
had been done in the first report. Young had located in the Cheha-
lem valley, opposite ChampcEg on the Willamette river, where he
devoted himself to raising horses, and afterwards erected a sawmill
and distillery, being assisted in the latter by Lawrence Carmichael
who had accompanied him from California; but upon receiving a letter
from the missionaries and other settlers asking him for the best inter-
est of the community to desist from his undertaking, and offering to
reimburse him for his expenditures, abandoned his distillery, but
would accept no compensfltion for his loss. Being of a practical turn
and realizing the necessity for cattle in the country, aside from the
few owned by the Hudson's Bay Company, Young suggested the
formation of a company to purchase cattle in California where they
could be bought very cheaply, A meening was accordingly called at
Champoeg for that purpose, which was largely attended by both Cana-
dians, and Americans ; where, with the active influence of Rev, Jason
lyce, a company known as theWil.'amette Cattle Company, was formed
with Young as superintendent, Lee as financial agent, and P. L.
Edwards as treasurer. The sum of $i,6oo was raised in the Willam-
ette valley , $500 being contributed by Naval Agent Slacum and the
remainder raised among the settlers. Notwithstanding the statement
in Hines Oregon History p. 23, that the organization of the company
was indirectly opposed by the authorities at Fort Vancouver ; and in
Graves 156 ; that they did it directly and did all they dared to do,
openly and secretly, to prevent the bringing of that band of cattle into
the country ; and the more serious charges, which is more than
implied by Mr. Gray, that the Hudson's Bay Company incited the
Fogue River Indians to destroy the expedition, when returning from
California with the cattle. There is very good evidence that Dr.
McIyOUghlin subscribed a considerable portion of the cattle company's
capital. The exact amount subscribed by him is not clearly settled.^

I Daniel Lee states, Lee and Frost's Oregon 144-6, that 800 -were purchased at $3 per head-
and forty horses at $12 a head, making the whole outlay {2,880 ; but does not account for the sub-
scription to the capital Of anymore than $1,600 furnished by Slacum and the settlers. Bancroft
Hist. ofOrn. 141 says that nearly $900 was added by McLoughlin ; but Lee says that the whole out-
lay was $2,880, is true, it is likely that McLoughlin's claim that he took half the stock is more
nearly correct, as $1,280 must be accounted for in addition to the $1,600 taken by Slacum and the
settlers.

brown's poutical history.

1837

The following is Dr. McLoughlin's statement on the subject :

" In 1836 we found means of forming a company to go to California for cattle.
I took half the stock for the Hudson Bay Company, so that by purchasing a
larger number (as the expense ot driving five hundred or a thousand was the
same) as it would make the cattle cheaper. Those of the settlers that had
means put it in the stock, those that nad none, engaged as drivers at one dollar
per day to be paid in cattle at their actual cost. Mr. Slacum, who came here
in a chartered vessel, gave them a passage gratis from this place to San Fran-
cisco. Mr. Ewing Young was selected to conduct the party. Mr. P. L. Ed-
wards, who came with Messrs. Lee, of the. Methodist Mission, but now a law-
yer in California, was appointed treasurer. They bought, I think, about
seven hundred head of cattle, which cost eight dollars per head rendered. In
the Willamette, the settlers kept the tame and broken-in oxen they had belong-
ing to the Hudson Bay Company, and gave their California wild cattle in the
place, so that they found themselves stocked with tame cattle which cost them
only eight dollars per head, and the Hudson Bay Company, to favor the settlers,
took calves in place of grown up cattle, because the Hudson Bay Company
wanted them for beef. These calves would grow up before they were required."
—McLoughlin' s MS.

I can find no authority in any of the writings by Americans or
British, which could possibly lead to the conclusion that the Iiudson's
Bay Company had anything to do with the attack upon Young and party
by the Rogue River Indians ; a charge which is likewise a charge
against Dr. McL/Oughlin, as he was the head of the company, and no
order or action was taken by any officer or servant without his direc-
tion or sanction. Moreover, it is well known that the Rogue River
Indians, from the first time they ever saw a white man, were robbers,
thieves and murderers, always ready to attack any party they thought
possible to destroy, a characteristic which they maintained until finally
subdued and expelled from this country years afterward.

In May, 1837, the Methodist mission received a reinforcement ot
nine men and seven women, the latter being the first to come to
the Methodist. Of the party there were several men who assisted
materially in the formation of the Pro^^isional Government. During
the same year quite number of Independent settlers arrived, and the
number increased up to 1840, when the missionaries and others num-
bered about 137 and 63 Canadians,^ mostly in the Willamette valley.

On March 16, 1838, a mass meeting of the citizens was held in the

Willamette valley, and the following memorial was drawn up and sent

to Mr. Linn, who presented it to the Senate, Monday, January 28, 1839 :

To the Honorable the Senate and House of Representatives of the United
States of America : The undersigned, settlers of the Columbia river, beg leave
to represent to your honorable body, that our settlement, began in the year 1832,

i837

"or cattle.
;hasing a

was the

that had
jne dollar
ame here
sail Fran-

P. L. Ed-
)w a law-
ik, about
lered. In
ad belong-
tle in the
cost them
tie settlers,

Company
required."

iricans or
Hudson's
and party
a charge
y, and no
his direc-
igue River
e robbers,
;y thought
ntil finally

rcement ot
o come to
lo assisted
t. During
id, and the
ithers uum-
ette valley,
held in the
up and sent
•y 28, 1839'-
f the United
rer, beg leave
he year 1832,

1838

PROVISIONAL GOVERNMENT.

has hitherto prospered beyond the most sauguine expectations of its first pro-
jectors. The products of our fields have amply justified the most flattering de-
scriptions ot the fertility of the soil, while the facilities which it affords for rais-
ing cattle are, perhaps, exceeded by those of no country in North America. The
people of the United States, we believe, are not generally apprised of the extent
of valuable country west of the Rocky mountains. A large portion of the terri-
tory from the Columbia river south, to the boundary line between the United
States and the Mexican Republic, and extending from the coast of the Pacific
about 250 or 300 miles to the interior, is either well supplied with timber or
adapted to pasturage or agriculture. The fertile valleys of the Willamette and
Unipqua are varied with prairies and woodland, and intersected by abundant
lateral streams, presenting facilities for machinery. Perhaps no country, of the
same latitude, is favored with a climate so mild. The winter rains, it is true, are
an objection ; but they are generally preferred to the snows and intense cold
which prevails in the northern parts of the United States. The ground is seldom
covered with snow, nor does it ever remain but a few hours.

We need hardly allude to the commercial advantages of the territory. Its
happy position for trade with China, India and the western coast of America will
be readily recognized. The growing importance, however, of the islands of the
Pacific is not so generally known and appreciated. As these islands progress in
civilization their demand fcr the produce of more northern climates will increase.
Nor can any country supply them with beef, flour, etc., on terms so advantageous
as this. A very successful effort has been recently made at the Sandwich Islands
in the cultivation of coffee and sugar cane. A colony here will, in time, thence
easily derive these articles and other tropical products in exchange for the
products of their own labor. We have briefly alluded to the natural resources of
the country, and to its external relations. They are, in our opinion, strong in-
ducements for the Government of the United States to take formal and speedy
possession. We urge this step as promising to the general interests of the nation.
But the advantages it may confer upon us, and the evils it may avert from our
posterity, are incalculable.

Our social intercourse has thus far been prosecuted with reference to feelings
of honor, to the feelings of dependence on the Hudson's Bay Company, and to
their moral influence. Under this state of things, we have thus far prospered,
but we cannot hope that it will continue. The agricultural and other resources of
the country cannot fail to induce emigration and commerce. As our settlement
begins to draw its supplies through other channels, the feeling of dependence
upon the Hudson's Bay Company, which we have alluded to as one of the safeguards
of our social intercourse, will begin to diminish. We are anxious when we
imagine what will be, what must be, the condition of so mixed a community, free
from all legal restraint, and superior to that moral influence which has hitherto
been the pledge of our safety.

Our interests are identified with those of the country of our adoption. We
flatter ourselves that we are the germ of a great state, and are anxious to give an
early tone to the moral and intellectual character of its citizens. We are fully
aw8:w, too, that the destinies of our posterity will be intimately affected by the
character of those who emigrate to the country. The territory must populate.
The Congress of the United States must say by whom. The natural resources of
the country, with a well-judged civil code, will invite a good community. But a
good community will hardly emigrate to a country which promises no protection
for life or property. Inquiries tiave already been submitted to some of us for in-

.,'1

;..^f'!

Blr

I i

^ I'

brown's political history.

1838

formation of the country. In return, we can only speak of a country highly fav-
ored by nature. We can boast of no civil code. We can promise no protection
but the ulterior resort of self-defense. By whom, then, shall our country be popu-
lated? By the reckless and unprincipled adventurer, not by the hardy and enter-
prising pioneer of the west. By the Botany-boy refugee, by the renegade of
civilization from the Rocky mountains, by the profligate, deserted seamen from
Polynesia, and the unprincipled sharpers from South America. Well are we
assured that it will cost the Government of the United States more to reduce ele-
ments of discord to social order, than to promote our permanent peace and pros-
perity bj' a timely act'on of Congress. Nor can we suppose that so vicious a
population could be relied on in case of a rupture between the United States and
any other power.

Our intercourse with the natives among us, guided much bj the same in-
fluence which lias promoted harmony among ourselves, has been generally pacific.
Bnt the same causes which will interrupt harmony among ourselves, will also
interrupt our friendly relations with the natives. It is, therefore, of primary im-
portance, both to them and to us, that the Government shou' I take energetic
measures to secu*-" the execution of all laws affecting Indian trauc uu the inter-
course of white u.jn and Indians. We have thus briefly shown that the security
of our persons and our property, the hopes and destinies of our children are in-
volved in the objects of our petitions. We do not persunie to suy^est the manner
in which the country should be occupied by the Government, nor ihe extent to
which our settlement should be encouraged. We confide in the wisdom of our
national legislators, and leave the subject to their candid deliberations, and your
petitioners will ever pray. J. U WHITCOMB,

March 16,1838.^ And thirty-five others.

Wednesday, February 7, 1838, "Mr. lyinn, of Missouri, on leave,
introduced a bill authorizing the occupation of the Columbia or
Oregon river. [Establishing a territory north of latitude 42°, and west
of the Ro^^Vy mountains, to be called the Oregon territory ; authoriz-
ing the establishment of a fort on that river, and the occupation of
the country by the military force of tlie United States ; establishing a
port of entry, and requiring that the country should then be held sub-
ject to the revenue laws of the United States ; with an appropriation
of $50,000.]

This bill was referred to a select committee of five, with Mr. I,inn
as chairman, and on February 13, he introduced a resolution " calling
upon the Secretary of War for information in his possession and a
map embracing recent discoveries in the country claimed by the
United States in the western slope of the Rocky mountains to the
Pacific ocean."

May 6, 1838, a detailed report was ordered printed, but I have been

iBancrofl says this was signed by ten preachers and laymen, Ewiug Young and ten other
colonists, and nine French Canadians, and at the same time took occasion to make some very un-
just remarks in regard to Rev. Jason Lee.

ill! II

1838

PROVISIONAL GOVERNMENT.

unable to find or obtain a copy. This bill did not pass, as the South-
ern members opposed everything pertaining to Oregon on account of
the "everlasting nigger," while some of the Northern members were
afraid of creating trouble with Great Britain, and could not be made
to believe that the country was worth quarreling about.

During this year (1838), the Ameiican Board of Commissioners of
Foreign Missions sent Mr. William H. Gray and wife. Revs. Klkanah
Walker and wife and Gushing Eells and wife, and A. B. Smith and
wife, and Cornelius Rogers, as reinforcement to the church denomi-
nation of Dr. Whitman, and reached the latter's station in September
of that year. Of this party, Mr. Gray had returned the year be-
fore for that purpose. This same year Revs. F. N. Blanchet and
Demerre came as u.l.-.sionaries of the Catholic faith. The three prin-
cipal churches in the country at this time were represented by Congre-
gationalists, thirteen ; Methodist Episcopal church, sixteen ; Catholics,
two, being a total of thirty-one, and were distributed as follows;
Congregationalists, in what is now Eastern Oregon and Washington ;
Methodists, in the Willamette valley, with one station at The Dalles ;
the Catholics, with headquarters at Vancouver. ^

"The first printing press in Oregon was received as a donation
from the mission of the American Board of Foreign Missions in the
Sandwich Islands to the mission ot the board in Oregon. It reached
its destination at L,apwai, and was put in operation by Mr. E. O.
Hall, of the Sandwich Islands Mission, and commenced printing books
in the Nez Perce language. Both Mr. Rogers and Mr. Spalding
soon learned to set type, and print the small books required for the
Indian schools that had been kept at the stations. The books and in-
structions were furnished gratuitously to all the Indians that wished
to receive them."" From a letter written to me by Mr. M. G. Foisy
(only a short time previous to his death), dated Gervais, March 3,
1879, he says : * * * jn 1844- 1845 I printed for Rev. H. H.

lOti June 26, 1838, Mrs. Anna Maria Pitman, wife of Rev. Jason Lee, died at the 'nissiou, about
eight miles below Salem. Afterwards she was taken up and removed to the Missio.i cemetery at
Salem, where a plain tombstone was erected, on which was inscribed the following : ' Beneath th's
sod, the first ever broken in Oregon for the reception of a white mother and child, lie buried the
remains of Anna Maria Pitman, wife of Rev. Jason Lee, and infant son. She sailed from New
York in July, 1836 ; landed in Oregon, June, 1837; was married in July, 1837, and died June 26,
1838, in the full enjoyment of that love which constrained her to leave all for Christ and heathen
souls. So we have left all and followed Thee ; what shall we have therefore' In this same ceme-
tery Rev. David Leslie, wife and one daughter, Rev. A. F. Waller and several of his family, and
other early missionaries and settlers are buried.

2Gray's History, p. 184.

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Spalding and Dr. Whitman a small Nez Perce and English vocabu-
lary and Matthews' gospel, translated by them.^

When the station at L,apwai was abandoned by Rev. H. H. Spald-
ing, the printing press and material was brought to the Willamette
valley, and through the efforts of the late Judge J. Quinn Thornton, it
was donated to the State of Oregon and placed in charge of the Secre-
tary of State. It is now looked upon as a curcsity, being what is called
a Ramage press and can only take a form about 12x14. 1*he ink was
first distributed by "inkballs," made out of wool and covered with
leather, but Mr. Foisy made a roller which is still with it, but shows
great age.

While the people of Oregon were doing all that they could to at-
tract the attention of Congress, there were a great many in the Eastern
and Western State who were moving in the same direction. The fol-
lowing is a sample of the petitions received by that body :

To the honorable Senate and House of Representatives of the United Stxtes :
Your petitioners would respectfully represent to your honorable bodies that they
have with other gentlemen formed an association by the name of the Oregon Pro-
visional Emigratiun Society, the object of which is to plant in the United States
territory west of the Rocky mountains, settlements of American citizens of un-
doubted character for christian morality, and in order the more safely and advan-
tageously to accomplish their purposes, they pray that such special privileges and
immunities may be granted them as shall in the judgment of your honorable bodies
be consistent with the honor and interests of the United States, and calculated to
promote the welfare of settlers in Oregon.

January 22, 18,59.
Charles Haywood, Cha's. K. True,

A.. D. Sargeant, William Walden,

Fredrick P. Tracy, Saneord Benton,

Wm. B. Pike, Amos Walton,

Stephen G. Hiler, Jr.,
Joshua B. Harrison,
James Pool,
Dexter S. King.

During the year 1839, the settlements of Oregon were augmented by
the arrival of several Americans, also the missionary ship Lausanne,
Captain Spaulding, arrived in June, with a large and well equipped
reinforcement to the Methodist mission ; there being eight ministers,
five laymen, one physician — all accompanied by their wives, fifteen
children and five single ladies — forty-eight in all. This expedition cost
about . 12, 000. During this year, Mrs. Whitman gave birth to a
daugi t'" the first white child born on the Pacific coast, who was drowned
in the vValla Walla river two years afterwards ; Mrs. Spalding the
sei'onu, a daughter, and Mrs. Elknnah Walker, the first son.

iMr. Foisy was a French Canadian, and a printer by trade ; he came to this country from St,
Louis in 1844, and for a number of years he lived near Gervais, where he died respected and
honored by all.

1 839

PROVISIONAI, GOVERNMENT.

To the honorable the Senate and House of Representatives of the United States

of America in Congress assembled:

Your petitioners represent unto your honorable bodies, that they are resi-
dents in the Oregon territory, and citizens of the United States, or persons desir-
ous of becoming such.

They further represent to your honorable bodies, that they have settled
themselves in said territory, under the belief that it was a portion of the
public domain of said states, and that they might rely upon the Gov-
ernment thereof for the blessings of free institutions, and the protection of its
arms.

But your petitioners further represent, that they are uninformed of any
acts of said Government by which its institutions and protection are ex-
tended them ; in consequence whereof, themselves and families are exposed
to be destroyed by the savages around them, and others that would do them
harm.

And your petitioners would further represent, that they have no means of
protecting their own and the lives of their* families, other than self-constituted
tribunals, originating and sustained by the power of an ill-instructed public
opinion, and the resort to force and arms.

And your petitioners represent these means of safety to be an insufficent safe-
guard of life and projierty, and that the crimes of theft, murder, infanticide, &c. ,
are increasing among them to an alarming extent ; and your petitioners declare
themselves unable to arrest this progress of crime, and its terrible consequences,
without the aid of law, and tribunals to administer it.

Your petitioners therefore pray the congress of the United States of America
to establish, as soon as may be, a territorial government in the Oregon territory.

And if reasons other than those above presented were needed to induce your
honorable bodies to grant the prayer of the undersigned, your petitioners, they
would be found in the value of this territory to the nation, and the alarming cir-
cumstances that portend its loss.

Your petitioners, in view of these last considerations, would represent that the
English Government has had a surveying squadron on the Oregon coast for the
last two years, emjjloyed in making accurate surveys of all its rivers, bajs, and
harbors ; and that, recently, the said Government is said to have made a grant to
the Hudson's Bay Company, of lands lying between the Columbia river and
Puget's Sound ; and that said company is actually exercising unequivocal acts of
ownership over said lands thus granted, and opening extensive farms upon the
same.

And your petitioners represent that these circumstances, connected with
other acts of said company to the same effect, and their declarations that the
English Government own and will hold, as its own soil, that portion of the
Oregon territory situated north of the Columbia river, together with the import-
ant fact that the said company are cutting and sawing into lumber, and shipping
to foreign ports, vast quantities of the finest pine trees upon the navigable waters
of the Columbia, have led your petitioners to apprehend that the English Gov-
ernment do intend, at all events, to hold that portion of this territory lying north
of the Columbia river.

And your petitioners represent, that the said territory, north of the Columbia,
is an invalnabe possession to the American Union ; that in a-.id about Puget's
Sound, are the only harbors of easy access, and commodious ivnd safe, upon the

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whole coast of the territory ; and that a great part of this said northern portion
of the Oregon territory is rich in timber, water power, and valuable minerals.
For these and other reasons, your petitioners pray that Congress will ' ,/ iblish
its sovereignty over said territory.

Your petitioners would further represent, that the country south of the
Columbia river and north of the Mexican line, and extending from the Pacific
ocean one hundred and twenty miles in the interior, is of unequaled beauty and
fertility. Its mountains, covered with perpetual snows, pouring into the prairies
around their bases transparent streams of the purest water ; the white and black
oak, pine and cedar, and fir forests that divide the prairies into sections conven-
ient for farming purposes ; the rich mines of coal in its hills, and salt springs in
its valleys, its quarries of limestone, sandstone, chalk, and marble ; the salmon of
its rivers, and the various blessings of the delightful and healthy climate, are
known to us, and impress your petitioners with the belief that this is one of the
most favored portions of the globe.

Indeed, the deserts of the interior have their wealth of perpetual pasturage,
and their lakes evaporating in sumt^er, and leaving in their basins hundreds of
bushels of the purest soda. Many other circumstances could be named, showing
the importance of this territory in a national, commercial, and agricultural point
of view. And, although your petitioners would not undervalue considerations of
this kind, yet they beg leave especially to call the attention of Congress to their
own condition as an infant colony, without milita'-y force or civil institutions, to
protect their lives, and property, and children, sanctuaries and tombs, from the
hands of uncivilized and merciless savages around them. We respectfully ask for
the civil institutions of the American Republic. We pray for the high privileges
of American citizenship ; the peaceful enjoyment of life ; the right of acquiring,
possessing, and using property ; and the unrestrained pursuits of rational happi-
ness. And for this your petitioners will forever pray.

DAVID LESLIE, and others.

Feb. 27, 1840, Mr. Toppati of Ohio, presented a petition from 238
citizens of that state, asking aid of Congress in making a settlement
in Oregon territory, on I^ewis river, by making such grants as may be
deemed proper. On the same day Mr. Allen presented a petition
from 133 citizens of Ohio, praying that the laws of the United States
may be extended over the territory of Oregon.*

Oregon.— The bill submitted by Mr. Linn, iu the Senate of the United States
relates, relative to this fine territory, proposes that Congress shall provide a
bounty of 640 acres of land for every white male inhabitant of said territory of the
age of 18 years, or upwards, who shall cultivate and use the same for five consec-
utive years. There has never been a final adjustment of the question between
this country and Great Britain concerning the right to the Oregon region. Our
claim rests partly upon the first discovery of the mouth of the Columbia or Ore-
gon river and the subsequent exploration of the country by Lewis and Clarke ;
and the right is still further secured by the Florida treaty, which vests in the
United States all the rights of Spain in the northwest from California to the
Russian settlements. The Spanish explorations of the coa?t were made earlier

I Niles' Register, March 7, 1840.

1840

PROVISTONAL GOVERNMENT.

than those of England, and so far as such priority may give superior right the same
belongs to the United States by virtue of thfe transfer from Spain. In our treaties
and negotiations with England, the settlement of our exact boundary line in this
direction has always been deferred or left incomplete. In the meantime a p(>wtr-
ful agent or instrument of British influnce, the Hudson's Bay Company, has fixed
itself upon the territory and has extended its operations over a vast region.
Within a year or two past the attention of public men in this country has been
turned occasionally to the subject, and its great importance is beginning to be
acknowledged. It will perhaps cost some trouble to retrieve what has been
suffered to go contrary to our interests and rights, through remissness on the part
of the nation hilherLo. — Baltimore Americaji. — 1840.

On April 21, 1840, Senator Young, presented from Levi Young
and other citizens of Kentucky, asking grants of lands in Oregon,
and permission to take their negroes with them, and that John Rowan,
of Kentucky, be appointed Governor of the territory.

March 31, 1840, Mr. L,inn from the select committee on the Oregon
territory, to which was referred the resolution of Dec. 18, and placed
upon the orders of the day and awaits its turn to be considered :
Joint resolution to authorize the adoption of measures for the occupa-
tion and settlement of the territory of Oregon.

Resolved by the Senate and House of Representatives of the United States
of America in Congress assembled, That the title of the United States to the
territory of Oregon is certain and will not be abandoned. That the President of
the United States be, and he is hereby, authorized to take immediate measures to
have the boundaries of the United States on the Pacific frontier ascertained and
fixed, and in the meantime to ^take measures as may be necessary to protect the
persons and property of our citizens residing or trading in the territory of
Oregon.

That the President of the United States is hereby authorized to cause to be
erected at suitable places and distances a line of military posts from Fort Leaven-
worth to the Rocky mountains, for the better protection and encouragement of
the Indian trade, and for the preservation of peace between the whites and
Indians.

That, as soon as the boundaries of the Oregon territory are indisputably
determined, one thousand acres of land shall be granted to every white male
inhabitant of said territory, of the age of 18 years and upwards, who shall cultivate
and use the same for five consecutive years, or to his heir or heirs at law, if such
there be.

That the President is hereby authorized to appoint an additional Indian agent,
whose duty It shall be (under his direction and control) to superintend the inter-
ests of the United States with any or every Ind'-^n tribe west of any agency t:ow
established by law.

That the sum of dollars be appropriated out of any money in the

treasury not otherwise appropriated, to carry into effect the foregoing resolution.

From the meagre notices to be found in the proceedings of Con-
gress, it is evident that president making was far more interesting

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than the discussion of the Oregon question, and a long speech on
slavery was more important than that of the encroachment of the
Hudson's Bay Company and their robbing the northwest territory of
millions of dollars worth of furs annually.

The following was published in Hunt's Merchants Magazine,
1842, although rather lengthy, it contains a great deal of information
and will repay reading :

" It was long after the discovery of this contiuent by Christopher Columbus,
before it became known in its full extent to the civilized portion of mankind. In
the year 15 13, Vasco Nunez de Balboa, who was at that time the Governor of a
colony of Spain, located at Darien, on the coast of the Atlantic ocean, while di-
recting a march across the mountains in that vicinity, found his progress inter-
rupteu by an immense sea stretching off into the western horizon. The publica-
tion of this discovery led at once to the conjecture that this was the great southern
ocean, the search for which had so long inspired and baffled the zeal of navigators.
From its juxtaposition to the Atlantic, it was supposed that the two seas were con-
nected with each other, f,nd the aim thereafter was to discover the spot where
their waters intermingled. It was calculated by the Spanish adventurers that this
point must lie somewhere in the neighborhood of the Isthmus of Darien, and their
researches were mostly directed towards that region. In the meanwhile, Fernando
Magellan, a distinguished Portugese navigator, having in vain importuned his own
Government, lent himself to the service of Spain ; and in the year 15 19, made a
voyage to the East Indies, through the strait which now bears his name. This
important discovery was regarded as demonstrating the practicability of circum-
navigating the globe. But the route which it opened to the East Indies was found
to be long and perilous, and the advantages resulting, hardly compensated for the
difficulties encountered in prosecuting the trade through this line of communica-
tion. •

A still more interesting and important discovery was made in the year 1517,
which revealed to the astonished world the extensive and flourishing empire of
Mexico. It was subsequently conquered by Hernan Cortez, who marched to its
Capitol, dethroned its monarch, struck terror into the hearts of his subjects, and
reduced his magnificent kingdom to the dominion of Spain, having firmly es-
tablished his authority, he immediately commenced exploring the seas and country
adjacent. By his splendid and fortunate enterprises having discovered that the in-
terior country was unoccupied by any powerful tribes, and that the two great
oceans were wholly separated from each other, he directed his expeditions towards
the northward, whither he penetrated as far as the southern entrance to the penin-
sula of California, which he supposed to be an island. Hurtaclo, Mendoza, Ulloa,
Conovado and others, successively pushed on these researches until their discoveries
included the whole of New Spain. They accomplished no further laudable results,
however, than to explode the idea of the existence of fhe magnificent and opulent
cities of Cilx)la, which had so long fascinated and bewildered the imaginations of
adventurers. The descriptions given of these voyages and discoveries, are very ob-
scure and imperfect. They were generally written by persons who were unacquaint-
ed with the geography of the earth, who knew nothing of the advantages derived by
navigation from astronomical observations, and who seem to have paid no regard
to latitude and longitude. These circumstances have caused a great degree of in-
acuracy in their statements, and render it almost impossible to determine the

1 845

PROVISIONAI, GOVERNMENT.

localities of the places they pretend to describe, or the actual extent of their dis-
coveries. We at0>left almost entirely to conjecture in supplying these deficiencies,
till we come down to the narratives given of the voyages of Juan de Fuca in the
year 1592. It is supposed that he penetrated as far north as Vancouver's Island,
inasmuch as his description of what was then supposed to be the northwest passage
is perfectly in accordance with those subsequently given of the straits which sep-
arate that island from the mainland. He passed through these straits, with an air
of triumph, turned his course again southward, as if he had solved this great ques-
tion. The representation that this grand discovery had been made, and that the
country beyond was inhabited by affluent and powerful nations, induced the Span-
ish Government to institute a more particular investigation of the subject. An ex-
pedition was accordingly fitted out for this purpose, under the direction of Sebas-
tian Viscaino, which sailed from Acapulco on the 5th of May, 1602.

After having reached the western side of California, and surveyed and exam-
ined the coast and territory adjoining, Viscaino proceeded still further northward,
and is said to have entered the mouth of a large river, in about the 42-43° of lati-
tude, which has never yet been sufficiently identified. He subsequently returned
to Spain, where, upon relating the success of his adventures, he obtained from
Philip III, orders for carrying out some plans which he had projected for establish-
ing trading settlements on the coast. His death which occurred in Mexico in
1606, prevented the execution of these designs, and suspended the adventures of
the Spaniards in that region for a period of about 160 years. The subsequent
most important and interesting discoveries connected with this portion of our con-
tinent, were made by Russia, in about the beginning of the eighteenth century.
The conquests which she had obtained over K.imschatcha, and the country which
intervened between that and Europe, inspired the desire still further to extend her
domains. Ambitious to establish the sway of his scepter beyond those barriers,
the Czar became anxious to discover whether the waters which laved the shores of
Kamschatcha communicated directly with those of the Pacific ocean. To the re-
sult of the several expeditions fitted out for this purpose, under the directions suc-
cessively of Behring, TchirofT, and Spangberg, is Russia indebted for her posses-
sions in North America.

These were followed by the Government of Great Britain, which thereafter
became deeply interested in the controversy respecting the existence of a north-
west passage between the two. oceans. She dispatched two several expeditions
for the purpose of solving the question, one of which was directed to Baffin's
bay, under Clarke ; and the other to the Pacific, under Captain Cook. We derive
from the narratives of Captain Cook the most complete and accurate account of
the northwest coast of America that has yet been given. He was followed by
Mears in 1788, and Vancouver in 1792, who were sent out by the same Govern-
ment. To the discoveries by these navigators the Government of Great Britain
refers their title to the countries watered by the Columbia, the justice of which
will be hereafter developed. But we are not indebted to the more daring and act-
tive enterprise of our own New England traders, for those more full and accurate
accounts of the territory and resources of Oregon, which render it an object of
interesting speculation at the present day. In the year 1791, several vessels
arrived in the waters of the North Pacific ocean, among which was the Columbia,
under the command of Captain Gray, from Boston. This enterprising adventurer
had before visited these seas in the years 1787- 1788, under the direction of a com-
pany of merchants of that city, formed with a view to participate in the advant-
ages of the fur trade of that region. He then made many important observations

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and discoveries, and extensively unfolded the commercial capabilities and re-
sources of the country. He sailed from Boston on this last ^pedition ii. May,
1790, and reached the coast of North America in the year following, a little north-
ward of Cape Mendocino, and sailed along the coast towards Nootka. In about
latitude 46° 16'' Captain Gray described an inlet, which he attempted to enter,
but the outflowing current was so strong as to baffle all his efforts to effect an en-
trance, although he spent nine days in endeavoring to do so. He at length pur-
sued his voyage northward, and on the 5th of June he anchored in the harbor of
■"^layoquot, near Nootka. From this point he sailed to Queeu Charlotte's island,
and on the 15th of August he observed an opening under the parallel of 54>^°,
which he entered, and sailed to the distance of more than eighty miles in a north-
easterly direction. The channel was discovered to be exceedingly broad and
deep, and the stream seemed to extend far beyond the distance already traversed
in the same direction. He returuef* again to Claycquot without pursuing the ad-
venture any further, and under the persuasion that this was the /?io de los Royes,
which was represented to be the route through which Admiral Fonte pursued his
way to the Atlantic in 1640. It has been since called the Portland canal. Captain
Gray wintered at Clayoquot, in a fortification which he erected on the shore and
called Fort Defiance. He also here built and launched a schooner, which he
called The Enterprise, and which was the first American vessel built on these
shores. In the month of August, in this same year, Captain Kendrick (who had
accompanied Captain Gray in his first expedition, and had remained in these seas
with the Washington, during Gray's return to Boston) was anchored in Nootka
sound. Having reason to apprehend hostilities from the Spaniards, and suppos-
ing that an opening might exist at the northwestern extremity of the harbor, he
determined to make his escape to the sea in that direction. In this he was suc-
cessful, and he named the channel thus discovered Massachusett's sound. He
also purchased from several of the native chiefs large tracts of land near Nootka,
which were transferred by deeds marked by the chiefs, witnessed by several of the
officers and crew of the Washington, and authenticated by a notary at Macao. In
1840 an application was pending in Congress, made by the representatives of
the owners and captain of the Washington, to confirm this title to these lands.
After making this purchase Kendrick sailed for the Sandwich Islands.

In April, 1792, Captain Gray sailed from his winter quarters at Clayoquot, when
he fell in with the English navigator Vancouver, at the entrance of the Strait of
Fuca. He informed Vancouver that he had entered an inlet to the northward in
latitude 54>^°, into which he had sailed as far as the 56° of latitude, without dis-
covering its termination. That he had also stood oflF the mouth of a river, in the
latitude of 46° 10', whose current was so strong that it presented an effectual bar
to his entrance, although he had spent nine days in the effort. Vancouver sup-
posed this to be an opening which he had represented that he himself had passed
on the forenoon of the 27tu of April, and which he declared was apparently in-
accessible, not from the current, but owing to the breakers which extended across
its entrance.

In his narrative, under date of April 30, 1792, Captain Vancouver says : " We
have now explored a part of the American continent, extending nearly 215
leagues, under the most fortunate and favorable circumstances of wind and
weather. So minutely has this extensive coast been inspected, that the surf has
been constantly seen to break on its shores from the mast head ; and it was but
in a few small intervals only where our distance precluded it being visible from
the deck. It must be considered as a very singular circumstance, that, in no great

1792

PROVISIONAL GOVERNMBNT.

an extent of sea coast, we should not until now have seen the appearance of any
opening in its shores, which presented any certain prospect of affording shelter ;
the whole coast forming one compact, solid, and nearly straight barrier against
the sea. The river mentioned by Mr. Gray, should, from the latitude as assigned
to it, have existed in the bay south of Cape Disappointment. This we passed in
the forenoon of the 27th, and, as I then observed, if any inlet or river should be
found it must be a very intricate one, and inaccessible to vessels of our burthen,
owing to the reefs and broken water which then appeared in its neighborhood.
Mr. Gray stated that he had been several days attempting to enter it, which at
length he was unable to effect on account of a very strong outset. This is a phe-
nomenon difficult to account for, as in most cases, where there are outsets of such
strenth on a sea coast, there are corresponding tides setting in. Be that, how-
ever, as it may, I was thoroughly convinced, as were also most persons of obser-
vation on board, that we could not possibly have passed any safe, navigable
opening, harbor, or place of security for shipping, on this coast, from Cape
Mendocino to the promontory of Classet (Cape Flattery), nor had we any reason
to alter our opinions, notwithstanding that theoretical geographers have thought
proper to assert in that space the existence of arms of the ocean communicating
with a mediterranean sea and extensive rivers, with safe and convenient ports."
Whatever may have been the motives which prevented Vancouver from placing
any reliance on the accounts of Captain Gray, it is evident at least from this ex-
tract, that no discoveries of the kind had been made upon this coast by the
English navigators at this date. Captciin Gray, however, was not contented to
leave the matter thus undecided. After parting with Vancouver he proceeded
southward along the coast till the 7th of May, when the record in his log-book
proceeds as follows :

A. M. Being within six miles of the land, saw an entrance in the same,
which had a very good appearance of a harbor ; lowered away the jolly-boat, and
went in search of an anchoring place, the ship standing to and fro, with a very
strong weather current. At i p. m. the boat returned, having found no place
where the ship could anchor with safety ; made a sail on the ship, stood in for
shore. We soon saw, from our masthead, a passage between the sand bars. At
half-past 3 bore away and run in northeast by east, having from four to eight
fathoms, sandy bottom ; and as we drew in nearer between the bars had from
ten to thirteen fathoms, having a very strong tide or ebb to stem. Many canoes
alongside. At 5 P. m. came to in five fathoms of water, sandy bottom, in a safe
harbor, v-. 11 sheltered from the sea by long sand bars and spits. Our latitude ob-
served this day was 46° 58' north.

May 10. Fresh breeze and pleasant weather — many natives alongside. At
noon all the canoes left us. At i p. m. , began to unmoor, took up the best bower-
anchor, and hove short on the small bower anchor. At half past 4, being high
water, hove up the anchor, and came to sail, and a beating down the harbor.

May II. At half past 7 we were out clear of the bars, and directed our
course to the southward along shore. At 8 p. m., the entrance of Bulfinch's har-
bor bore north, distance four miles ; the southern extremity of the land bore south-
southeast-half-east, and the northern, north-northwest. Sent up the main top
gallant yard and set all sail. At 4 p. M., saw the entrance of our desired port bear-
ing east-southeast, distance six leagues ; in steering-sails, and hauled our wind in
shore. At 8 p. M. , being a little to windward of the entrance of the harbor, bore
away and run in east-northeast between the breakers, having from five to seven
fathoms of water. When we were over the bar, we found this to be a large river

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of fresh water, up which we steered. Many canoes came alongside. At i P. M.,
came too with small bower in ten fathoms, black and white sand. The entrance
between the bars bore west-southwest, distance ten miles. The north side of the
river a half mile distance from the ship, the south side of the same two and half
miles distance. A large village on the north side of the river, west by north, distant
three-quarters of a mile. Vast numbers of natives came alongside. People em-
ployed in pumping the salt water out of our water casks in order to fill with fresh,
which the ship floated in. So ends.

May 12. Fresh winds and rainy weather. Many natives alongside. Hove
up the best bower anchor. Seamen and tradesmen at their various departments.

May 14. Fresh gales and cloudy ; many natives alongside. At noon weighed
and came to sail ; standing up the river northeast by east we found the channel
very narrow. At 4 p. M. we had sailed upwards of twelve or fifteen miles, when
the channel was so very narrow that it was almost impossible to keep in it, hiving
from three to eighteen fathoms water, sandy bottom. At half past 4 the ship
took ground, but she did not stay long before she came off, without any assistance.
We backed her off stern foremost into three fathoms, and let go the small bower,
and moored the ship with hedge and hawser. The jolly-boat was sent to sound
tht channel out, but found it not navigable any further up ; so of course we must
have taken the wrong channel. So ends, with rainy weather, many natives along-
side.

Tuesday, May is. Light airs end pleasant weather. Many natives from differ-
ent tribes came alongside, At 10 a. m., unmoored and dropped down with the
tide to a better anchoring. Smiths and other tradesmen constantly employed. In
the afternoon Capt. Gray and Mr. Hoskins, in jolly-boat, went on shore to take a
view of the country.

May 16. Light airs and cloudy. At 4 p. M., hove up the anchor and towed
down about three miles, with the last of the ebb tide. Came into six fathoms,
sandy bottom, the jolly-boat sounding the channel. At 10 a. m. a fresh breeze
came up the river. With the first ebb tide we got under way and went down the
river. At i, (from its being very squally,) we came to, about two miles from the
village, ( Chinook,) which bore west southwest ; many natives alongside. Fresh
gales and squally.

May 17. Fresh winds and squally ; many canoes alongside. Calkers calking
the pinnace. Seamen paying the ships sides with tar ; painter painting ship,
smiths and carpenters at their departments.

May 18. Pleasant weather. At 4 in the morning began to heave ahead ;
at half-past came to sail, standing down the river with the ebb tide ; at 7 (be-
ing slack water and the wind fluttering) we came to in five fathoms, sandy bottom.
The entrance between the bars bore southwest, distance three miles. The north
point of the harbor bore northwest, distance two miles. The south bore southeast,
distance three and a half miles. At 9 a breeze sprung up from the eastward — took
up the anchor and came to sail, but the wind soon came fluttering again ; came to
with the kedge and hawser — reeved out fifty fathoms. Noon pleasant. Latitude
observed 46° \^' north. At i came to sail with the first of the ebb tide, and drifted
down broadside, with light airs and strong tide. At three-quarters past, a fresh
wind came from the northward ; wore ship and stood into the river again. At 4
came to in six fathoms. Good holding ground about six or seven miles up. Many
canoes alongside.

1792

PROVISIONAL GOVERNMENT.

Hove
ments.

reighed
;hannel
3, when
having
he ship
istance.
[ bower,
o sound
we must
;s along-

m differ-
with the
oyed. In
to take a

id towed
fathoms,
sh breeze
down the
from the
;. Fresh

3 calking
ting ship,

ve ahead ;
at 7 (be-
dy bottom.
The north
southeast,
ard — took
; came to
Latitude
and drifted
)ast, a fresh
gain. At 4
up. Many

May 19. Fresh wind and clear weather. Early a number of canoes came along-
side. .Se,\men and tradesmen employed in their various departments.

May 20. Gentle lireezis and pleasant weather. At 1 p. m (being full sea)
took up anchor and made sail, standing down the river. At 2 the wind left us, we
being on the bar, with a very strong tide, whicli set on the breakers. It was now not
possililo to get out without a b eeze to shoot her across the tide, so we were
obligmi o bring up in tlirec and a half fathoms, the tide running five knot. At three-
quarters past ': a fresh wind came in from seaward. We immediately came to
sail, and beat over the bar, having from five to seven fathoms water in the channel.
At 5 p. M., we wore out clear of all the bars, and in twenty fathoms water. A
breeze came from the southward. We bore away to the northward ; set all sail to
the best advantage. At 8 Cape Hancock bore southeast, distance three leagues ;
the northern extremity of the land in sight bore north by west. At 9 in steering
and topgallant sails. Midnight light airs.

May 21. At 6 a. m., the nearest land in sight bore east-southeast, distance
eight leagues. At 7 top-gallant sails and light stay-sails. At 11, steering sails
fore and aft. Noon, pleasant, agreeable weather. The entrance to Bulfinch's
harbor bore southeast by east-half east, distance five leagues.

Before leaving this river. Captain Gray bestowed upon it the name of his ship,
the Columbia. The southern side of its entrance he named Cape Adams, and on
the north side Cape Hancock. This point had been previously named Cape Disap-
pointment, by Captain Mears, in 1788, as indicative of the point where his own re-
searches terminated, without any successful result. This territory watered by this
river and its tributaries, has since been called the Oregon territory, from a tradi-
tion, said to have prevailed among the Indians near lake Superior, of the existence
of a mighty river rising in that vicinity, and emptying its waters into the Pacific
and which was supposed to be the Columbia. But to this expedition of Gray we must
refer its first discovery, and the first accurate and satisfactory account which we
have of this part of the coast of the north Pacific. In the month of October of the
same year. Captain Brou.hton was dispatched by Vancouver, and succeeded in
effecting an entrance up the same river to a distance of ^about ninety-two miles.
The expedition of Captain Broughton, with a narrative given of his adventures by
Mears, in 1788, are made the basis of the claim of the English Government to the
territory of Oregon. In order to give a clear exposition of the nature of this
claim, we need but quote a brief extract from the narrative of Mears, and com-
pare it with those of Vancouver and Gray, already cited. Sailing in a southerly
direction from about latitude 46° 47'' he rounded a promontory, after which he
says — " A large bay, as we had imagined, opened to our view, that bore a very
promising appearance, and into which we steered with very encouraging expecta-
tion. The high land that formed the boundaries of the bay was at a great distance,
and a flat, level country occupied the intervening space ; the bay itself took rather
a westerly direction. As we steered in, the water shoaled to nine, eight, and seven
fathoms, when breakers weie seen from the deck, right ahead ; and from the mast-
head they were observed to extend across the bay. We therefore hauled out, and
directed our course to the opposite shore, to see if there was any channel, or if we
could discover any port. The name of Cape Disappointment was given to the
promontory, and the bay received the name of Deception Bay. By an indifferent
meridian observation, it lies in the latitude of 46° 10'' north, and in the computed
longitude of 235° 34'' east, We can now with safety assert that there is no such
river as that of Saint Roc exists, as laid down in the Spanish chtirts."

It appears therefore, that Captain Mears made no discovery of any such inlet

r' II

brown's rOLITICAL HISTORY.

1792

'III

■it'

or river. The idea of its existence seems to him to have been satisfactorily dis-
proved by his own observations of the coast. Vancouver's narrative, as wc have
seen is still stronger. He scouts at the descriptions of all previous adventurers, as
the idle and unfounded "assertions of theoretical geographers," and claims, with
an evident air of self-gratulation, the honor of having demonstrated the absurdity
of the supposition. He avers, that he minutely explored this part of the coast, un-
der the most favorable circumstances of wind and weather ; and then positively
insists upon the impossibility of examining or even approaching its shores. With
these facts and circumstances before us, it cannot be questioned for a moment,
that to Captain Gray belongs the honor of having first penetrated the waters of the
Columbia ; and ihat, consequently, the claim of the United States is prior to that of
Great Britain. The question of right, however, is still mooted, though measures
are now in progress which may eventuate in securing to the United States its un-
disputed possession.

From this period the shores of the North Pacific gradually became more and
more familiar to all navigators. Voyages for trade and exploration were pursued
until the year 1796, when the declaration of v\ar between Great Britain and Spain
withdrew the attention of those nations from the subject, and they became there-
fore too much engrossed in mi^Te important interests at home, to care for the
progress of discovery in these seas. For nearly twenty years from this date
the trade between this coast and China was carried on solely by United States
vessels, or under our flag. The East India Company prohibited the trade to
English merchants, and Russian vessels were excluded from the ports of China,
so that few other than American ships floated on the waters of the North Pacific.
The commerce was prosecuted by vessels from the United States, or from Europe,
to this coast, which were laden with sugar, spirits, wine, tobacco, gunpowder,
iron, firearms, and various coarse articles of woolen manufacture. These were
here exchanged for furs with the natives, or at the Russian settlements, and were
transported hence to China, where their proceeds were invested in articles of
merchandise intended for our own or European markets. Up to this time no
settlement had been made on this coast by the United States, and but little was
known of the resources of the interior country. The vast multitudes of its native
population which thronged around its shores for the purpose of traflBc ; and the
imperfect and confused accounts which they gave of the neighboring country,
were calculated to bewilder the fancy of the adventurers and give an unlimited
range to wildest vagaries. But as the imagination wandered over the immense
territory lying between the coast of the Pacific and the banks of the Mississippi,
the mind grew more credulous of its suggestions. Science with here obtuse cal-
culations, philosophy with her thousand speculations, and curiosity with her end-
less conjectures were busy, restless, and unsatisfied ; but the hope of gain and
aggrandizement above stimulated the enterprise which first penetrated those
unbroken solitudes, and attempted to explore those unknown regions. In the
years 1788-92, Alexander Mackenzie was employed for this purpose by the North
Western Company, fur trading association of Canada, whose settlements had
already extended nearly to the 59th parallel, about 800 miles beyond Lake Super-
ior. Mackenzie spent some time in exploring a river which was then supposed
to be the Columbia, but which has since been discovered to empty its waters into
the Strait of Fuca, and is called Frazer river. The result of his expeditions was
given to the public, in London, in 1802, together with a sketch of Canada fur
trade, accompanied with suggestions as to the most advisable mode of regulating
the intercourse between this part of America and China, .so as to secure to Great

i8o4

PROVISIONAL GOVERNMENT.

dis-
lave

8, as

with

rdity

, un-

ively

With

ncnt,

jfthe

hat of

isures

ts un-

•e antl

arsued

Spain

there-

or the

is date
States

■ade to

China,

Pacific.

Europe,

jowder,

se were

nd were

[ides of

time no

ittle was

ts native
and the

country,

nlimited

immense

ssissippi>

)tuse cal-
her end-
gain and

ted those
In the

the North

[lents had

ike Super-
supposed

sraters into

litions was
anada fur
regulating

re to Great

Britain its commercial advantages, which, it was represented, were entirely under
control of "adventurers from the United States."

We allude to the explorations of .lackenzie, merely as originating that spirit
of enterprise and inquiry which drew the attention of rival powers to this portion
of our continent. In January, 1803, the then President of the United States
addressed a confidential message to Congress, recommending the immediate
adoption of measures to explore it. Captain Merriweather Lewis and William
Clarke were subsequently commissioned to execute the proposed undertaking.
They were instructed " to explore the river Missouri and its principal branches to
their sources ; and seek and trace to its termination in the Pacific, some stream,
whether the Columbia, the Oregon, the Colorado, or any other, which might
offer the most direct and practicable water communication across the continent,
for the purposes of commerce." On May 14, 1804, Captains Lewis and Clarke,
in pursuance of these instructions, launched their barks on the waters of the Mis-
souri. The course of this river was then scarcely known ; its shores were occu-
pied by numerous and hostile tribes of Indians, while many difficulties and
privations, arising from other sources , embarrassed their progress. Toward the
end of October, however, they had reached to about 1,600 miles from the mouth
of the river, where they remained until April, 1805. In the summer succeeding
they arrived at its headwaters, which took their ris amoung the Rocky moun-
tains. After a tedious march over the great dividinj.' ridge, a new and inviting
scene of adventure opened before them. We can hardly conceive of anything
equal to the delight they must have experienced, as they descended from these
rugged heights to a plain of country wholly unknown to the world which they
had left behind them, and whose luxuriant wilderness was now for the first time
gazed upon by the eye of civilized men. They must have trod its soil with a
sacred awe as they penetrated its deep solitudes, and hesitated long, before they
launched their frail barks, to disturb the serenity which had for untold ages
reigned over its quiet waters. On the 7th of October they fell in with a stream
upon which they embarked in their canoes. Borne along on its gentle current,
they were wafted into a nobler river, stretching and widening in its course, and
swelling with the waters of many beautiful tributaries, till it bore them onward
into the broad bosom of the Pacific ocean. The stream on which they finst em-
barked was discovered to be a branch of the Columbia river, which they named
Lewis river. After a few days they reached its confluence with another great
branch, which they called Clarke river. These two united to form the Columbia,
through which, on the 15th day of November, they arrived at Cape Dissapoint-
ment, the northern side of its entrance into the Pacific, and about 4,000 miles
from the place of their departure. They formed an encampment near the mouth
of the Columbia, which they called Fori Clatsop, where they spent the succeed-
ing winter. They found the natives already too well accustomed to the presence
of white men to be disturbed by their appearance among them, and easily sup-
plied themselves with the necessary appliances for comfort and subsistence. On
March 13, 1806, they commenced their return. They rowed their canoes up the
Columbia till they reached its falls, about 160 miles from its mouth ; whence they
prosecuted their journey together by land till they reached the Rocky mountains.
Here they divided into two parties, one of which struck directly eastward for the
Missouri, while the other took a southerly direction toward the Yellow Stone,
through which they reached the Missouri. The two -parties met again at a short
distance below the point where the two stream! unite, and arrived at St. Louis
on the 23d day of September following. The narratives of these two skilled and

Wl'

i;M,a

brown's political history.

I8I2

:i!

ijliiii ij I

.;(il,i.

scientific adventurers furnishes the first accurate knowledge we have of the terri-
tory of Oregon, It was not pubHshed till the year 1814. But long before this
period the results of their researches had become generally known, and had
caused both the English and American merchants to take a lively and more
active interest in the vast resources which were thus opened to the specul itions
of commercial enterprise. The first attempt to establish a settlement in the
territory was made by the Missouri P'ur Company, of St. Louis, in 1808. This
company planted several posts on the upper Missouri, and on the headwaters of
the I<ewis river, beyond the Rocky mountains, for the purpose of establishing a
regidar trade, which is said to have been the first settlement ever made by white
men in the territory watered by the Columbia and its tributaries. The project
however met with much opposition and hostility from the natives, and lingered
in a feeble condition till the year 1810, when it was abandoned.

At this time the Pacific Fur Company was established in the city of New
York, under the auspices and control of John Jacob Astor, a German merchant,
possessing immense capital, and great commercial sagacity. He proposed to
establish a post or settlement at the mouth of the Columbia river, which should
be the grand depository for furs collected at the minor posts to be established at
various points along the shores of the Pacific, the branches of the Columbia, and
the headwaters of the Missouri. Ships were to be sent annually from New York
to this grand depot, where they were to discharge their cargoes, were then laden
with the furs, with which they were to proceed to China, where these were to be
exchanged at a high rate for teas, silks, and other articles of merchandise des-
tined for the New York market. This splendid project was no sooner conceived
by Mr. Astor, than, availing himself of his ample means, he at once undertook to
carry it into execution. With this view lu- planned two expeditions. In Septem-
ber, 1810, he dispatched a party on board the ship Tonquin, which sailed from
New York for the Columbia, under the direction of Captain Thome. Soon after
her arrival at the mouth of the Columbia, in March, 181 1, the Tonquin sailed
toward the north in the search of furs. A spot had previously been marked out
for the principal depot, on the south side of the Columbia, about eight miles
from its mouth, which, in compliment to the principal patron and projector of
this scheme, was called Astoria. The capital at his command furnishing the
necessary materials, commodious buildings were erected, gardens were planted,
a vessel was built and launched, a traffic was carried on with the natives in such
a manner as to conciliate their prejudices, and before the summer passed
away Astoria presented all the appearance of a thriving and prosperous settle-
ment.

In the spring of the succeeding year they were joined by the other party,
which, under the direction of Mr. W. P. Hunt, of New Jersey, had taken the
route across the continent. They took their departure from St. Louis in January,
1811. Entering the Missouri, they adventurously and cautiously pushed their
way through the hostile tribes on its banks, now passing under towering bluffs,
and anon through level plains, which stretched far away into the horizon, till
they reached the great bend of the river, whence they pursued their journey by
land to the Rocky mountains. Passing over the ridge, in about latitude 46°, they
came to the Salmon, a branch of the Lewis river, where they again took to their
canoes, and reached Astoria in the spring of 181 2. Soon after their arrival, in-
telligence was received that the Tonquitty with her whole crew, had been de-
stroyed by the Indians near Nootka sound. The various causes of vexation and
discouragement experienced from the hostile dispositions of the natives, and the

retv

use(

and

Moi

the

wa^

an {

adv

i \'i

l!i ! ■'

i829

PROVISIONAL GOVEKNMENT.

7«

losses and misfortunes occasioned by the perils of ihe ocean, might indeed have
daunted a less efficient spirit. But his large pecuniary resources enabled Mr.
Astor to overcome these hindrances ; and it is difficuH to say to '.^hat extent his
plans might have been consummated, had they not been fru>l rated hy more for-
midable obstacles. Upon the declaration of war between the L nited States and
Great Britain, all the establishments, furs, and property of the Pacific Fur Com-
pany were transferred to the Northwest Company ; Astoria was taken possession
of in the name of His Britannic Majesty, and ". rebaptized by the name of Fort
George."

Such was the termination of the truly splendiu project of Mr. Astor, occa-
sioned, as we have seen, by events and circumstances which were beyond his
calculation or control. It must be observed, however, that a very large propor-
tion of those associated with him, and employed in this enterprise, were British
subjects They were bound by no ties of birth, citizenship, or sympathy, to
American interests ; and on discovering the hostile attitude in which they would
be placed to their nati- e sovereigti in defending these settlements, they readily
withdrew and ranked themselves on the side of Great Britain. This fatal result
cannot but be a subject of deep regret, inasmuch as the mainienance cf i.'u. post
till after the war would have insured the success of the advantages arising from
iin undisputed possession of the territory watered by the Columbia river and its
branches. Although Astoria was subsequently delivea-ed to the " re-occupation
of the United States," under the direction of the Government of Great Britain,
in 1818, she still maintained that she had a right to extend her juricdiction over
the territory, and insisted that the settlement made at Astoria was an encroach-
mert on our part. The question has since undergone much discussion in the
diplomatic correspondence carried on between the two nations, and is hardly yet
definitely adjusted.

Upon the failure of the jcheme of Mr. Astor, the Northwest Company, and
subsequently the Hudson's Bay CcHipany, severally established their settlements
in different pai cS of the territory. They removed the principal post from the
mouth of the river, and established it at Vancouver, about six miles above where
the Willamette flows into the Columbia. We hear nothing more of the American
adventurers in this region till the year 1823, when General Ashley, of St. Louis,
fitted out an expedition for the country beyond the Rocky mountains. The dar-
ing exploits of this enterprising adventurer have been the theme of admiration
on the western frontier. He had previously established trading posts on this
side of the mountains by his individual enterprise. He now crossed the moun-
tains, between the sources of the Platte and the Colorado, near the 42° of latitude,
and succeeded in collecting a large quantity of furs, which he transported to St.
Louis. In the following year he sent out a large band of trappers and hui:ters,
and in the space of three years collected furs amouuting to about $180,000 in
value. In 1827, sixty men were sent out under his direction, who marched as far
as Lake Youta [Utah], beyond the mountains; and, in less than eight months,
returned laden with a rich supply of furs. In these expeditions pack horses were
used to transport the goods. Mr. Ashley at length sold out his establishments
and interest in the trade to an association formed at St. Louis, called the Rocky
Mountain Fur Company, who established a regular trade with the countries of
the Colorado and Columbia rivers. This company sent out an expedition with
wagons, in the year 1829, the following account of which we quote, as it will give
an accurate idea of the course now generally pursued, and may be useful to future
adventurers : " On April 20, we set cut from St. Louis, with eighty-one men, all

i ji
■11! .

brown's political history.

1832

;

mounted on mules ; ten wagons, each drawn by five mules, and two Dearborns
(light carriages or carts), each drawn by one mule. Our route was nearly due
west to the western limits of the State of Missouri, and thence along the Santa
Fe trail, about fifty miles from which the course was for some degrees north or
west, across the waters of the Kansas, and up the Great Platte to the Rocky
mountains, and to the head of Wind river, where it issues fron- the mountains.
This took us until July 16, and was as far as we wished the wagf ns to go, as the
furs to be brought in were to be collected at this place, which is or was this year
(1829) the great rendezvous of the persons engaged in that bvsiness. Here the
wagons could easily have crossed the Rocky mountains, it b.nng what is called
the vSouthem pass, had it been desirable for them to ao so. which it was not, for
reason stated. For our support, at leaving the Mijpouri settlements, until we
should get into the buffalo country, we drove twelve head of cattle, besides a
milk cow. Eight of these only being required for use before we got to the
buffaloes, the others went on to the head of Wind river. We began to fall in
with the buffaloes on the Platte, about 350 Kiiles from the white settlements ; and
from that time lived on buffaloes, the quantity being infinitely beyond what we
needed. On August 4, the wagons being in the meantime loaded with the furs
which had been previously taken, we set out on our return to St. Louis. All the
high points of the mountains then in vie'- were white with snow ; but the passes
and valleys, and all the level country, were green with grass.

Our route back was over the same ground nearly as in going out, and we ar-
rived at St. Louis on October loth, bringing back the ten wagons, the Dearborns
being left behind ; four of the oxen and the milk cow, were brought back to the
settlements in Missouri, as we did not need them for provision. Our men were all
healthy during the whole time ; we suffered nothing bv th-i Indians, and had no
accident but the death of one man, being buried under a 1 auk of earth that fell
upon him, and another being crippled at the same time. Of the mules we lost but
one by fatigue, and two horses stolen by the Kansas India is ; the grass being,
along the whole route, going and coming, sufficient for the ■ apport of horses and
mules. The usual weight in the wagons was about 1,800 pjunds. The usual pro-
gress of the wagons was from fifteen to twenty-five miles per day. The country be-
ing almost all open, level and prairie, the chief ol)structions were ravines and creeks,
the banks whicl: required cutting down ; and for this purpose a few men were gen-
erally kept ahead of the caravan. This is the first time that wagons ever went to
the Rocky mountains, and the ease and safety with which it was iloue, prove the
facility of communicating overland with the Pacific ocean ; the route from the
Southern Pass, where the wagons stopped, to the great falls of the Columbia, be-
ing C'isier and better than on this side of the mountains, with grass enough for
horses and mules, but a scarcity of game for the support of man."

The North America." Fur Company, at the head of which was Mr. Astor, had
hitherto confined its operations principally to the neighborhood of the great lakes,
the headwaters of the Mississippi, and the lower part of the Missouri rivers. In
the year 1.S22, it became united with another company, under tlie name of the Co-
lumbia I'ur Company, when its operations were exiended to the lieadwatcrs of the
Missouri, and along the sources of 'he Yellow Stone. The more enterprising and
successful operations of the trader^* a* St. Louis, now stimuialed this company to
push their expeditions bejond the T > ky mo iiitains. They confined them.selves
however, exclusively to the objects ■■■'' r^-ade about the waters of the Columbia, and
seldom penetrated into the interior of the country.

In 1832, Captain Bonneville, of the United States army, then stationed at one

1832

PROVISIONAL GOVERNMENT.

of our western frontier posts, having obtained a furlough, with some assistance
from the city of New York, left Missouri for the Oregon territory. He was ac-
companied with a band of about 100 men, twenty wagons, and a number of mules
and horses, laden with goods, ard tnc necessary provisions, and utensils for hunt-
ing and trapping. He was the first who crossed the Rocky mountains with wagons.
Pursuing the usual cute along the course of the Platte, he arrived at the mount-
ains so early in the sv^ason, as to furnish the opportunity of pursuing his enterprise
under the most favorable circumstances. Descending into the vale on tht" opposite
side he struck l/cwis river near its source. He planted a station near the Colorado,
where his party were employed in trading, hunti ig, and trapping. Captain Bon-
neville made several excursions over the country, but it does not appear that he
reached as far as the Pacific. After an absence of about two years, he returned
again to St. Louis with the most interesting acccunt of the country he had visited.

At about this time (1834), a plan was proj<;cted by Mr, Nathaniel Wyeth, of
Massachusetts, to establish a direct trade between the ports of New England and
the waters of the Columbia. In prosecution of his plan, he sent a vessel to the
coast, and himself made two expeditions across the continent. He erected a
trading post near the confluence of the Portneuf and Lewis rivers, in the south-
east comer of Oregon, which he called Fort Hall ; and another at the entrance of
the Wallamet into the Columbia, on Wapatoo island, abwut eighty miles from
the ocean. His plan was sim.lar to that of Mr. Astor. Having observed that
the waters in this region abounded in salmon, he calculated that the supply of
these would be ample enough to meet all the expenses of the expedition, thus
leaving a clear profit on the furs. We are indebted to the narrative of Mr.
Wyeth for the most interesting and accurate account which has yet been fum-
'shed us of the nature, capabilities and resources of Oregon. His plan for found-
ing settlements were well contrived, and in its dawning operations bid fair to
establish an enterprising American colony upon the coast of the North Pacific.
The ample supplies which could have been provided to meet the demands of
commercial speculation must have led to an increase of its population, and its
consequence permanency and prosperity. But the hopes which it had inspired
were blasted by the hostilities of the Hudson's Bay Company. The existence of
this company has always been adverse to colonization in Oregon, and but one
settlement has been made under its auspices west of the Rocky mountains. This
is on the Wallamet, and is composed of Canadians, who have intermarried with
the natives, and families of the half-breed. All its buildings and appliances are
subordinate to the uses and interests of the company, and no inducements are
held out to encourage a better class of settlers.

There is, however, another class of adventurers (if we may be permitted to
call them such) whose operations are not unworthy our interested attention. The
spirit of Christian philanthropy suggested th'* first expedition to this territory
which was uncounectf-d with any objects of trade or gain. A small band was
sent out for missionary pui-poses by the American Baptist Society in 1H32. These
were followed, in 1835, by another party, under the direction '^ f the Methodist
Episcopal Society, which planted a station on the banks of the Wallamet, about
seventy miles from its mouth. Since that time their n^embers have been gradually
increasing. It is stated in a recent report of this society, that on October 9, 1839,
a company of fifty persons, including adults and minors, male and female, left
New York for Oregon. These included six missionaries with their wives and chil-
dren ; one physician, wife and child; a missionary steward, wife and two chil-
dren ; two farmers, wives and children ; a cabinet maker, two carpenters and a

brown's political history.

1832

f(lacksniith, their wives and children, and five single female teachers. On their
arrival at the station on the Wallamet, the number of settlers amounted to about
sixty-eight persons. The station, it is stated in the report, was well stocked with
cattle, under a fine state of cultivation, and had already become " so productive
as to furnish the mission family with abundance." The American board have
stations at Kamiah.in the country of the Nez Perces Indians, on the Kooskooske,
a branch of the Lewis river; at Willatpoo, on the Walla Walla, near the great
bend of the Columbia; and also on the Clear Water river ; at the latter of which
a printing press is in successful operation. It is said, in their last annual report,
that " a sawmill and giain mill have been put in operation at Clear Wut^r, and a
grain mill at Wauletpu." Accessions have recently been made to all of these
several settlements by emigrants from New York and other places, and they are
generally represented to be in a very thriving and prosperous condition.

We cannot but regard the.se settlements as the precurs ,rs *" incalculable
good as regards the future prospects and condition of this terri It is now a

serious question how far its possession and settlement may be an object of interest
on account ot the fur trade. The extent to which it has been carried on, and the
unceasing avidity with which it has been pursued, have caused the disappearance
of most of the animals whose skins and furs were an object of enterprise. The
Hudson's Bay Company have found it I'ecessary to restrain the trade at certain
seasons, in order to prevent their entire extinction ; and the time is probablj' not
far distant when some other mode of employing capital in that region nmst be
resorted to ; while what is now known of the resources of the country affords
but little hope of a very speedy return to any other than what has been hitherto
the usual mode of investment. The further investigations of science ma^' per-
haps give greater accuracy to existing descriptions and localities, but it can de-
velop no new sources of wealth or aggrandizement. The general characteristic
features of the country are well understood. Its territory has been traversed, its
rivers have l)een explored, and its mountains have been scaled by the botanist,
the geologist, the hunter and the trapper ; and the lover of romance and ad-
venture has delineated the variegated attractions of its natural scenery. We must
now regard it as presenting no other allurements to the adventurer than such as
may be found in a rich and luxuriant soil, a temperate and salubrious climate,
and vast commercial capabilities. The ordinary occupation of commerce, agri-
culture, trade and manufactures, with industry, frugality and enterprise, will
yield at once ample, and in time an affluent recompense. And what more could
be desired? What more (aside from the religious principle, how much less) was
it that encouraged our forefathers to encounter the sturdy forests and rigorous
climate of New England ? What more was it that has covered the banks of the
Ohio with opulent cities, and made the valley of the Mississippi to teem with a
flourishing and happy population ? What more was it that has made our whole
country the abode of prosperity, civilization and refinement ? They who are accus-
tomed to estimate the progress of mankind by the slow and languid growth of
ancient nations, may smile at the prediction; but let the existing difiiculties be
removed ; let the interposition of the general Government settle the claims of the
United States to this te'~itory ; let it render the way thither easy and accessible,
by establishing permanent |H>sts at convenient di.stances on the route ; let it
establish a military post at the mouth of the Columbia to protect the lives, the
property, and the interests of its citizcTis, and Oregon will soon be cove-ed with
permanent settlements, the history of whose growth and prosperity .'jhall at least
equal that of any of the states now comprising our republic.

f <

me, frj

with

died

ruary

with

came

in ^75\
I<ahor
years. |
Hunt
in i78d

of intj

Ca
after
long
AmeriJ

I Bt|
Is now
French

1832

1842

PROVISIONAL GOVERNMENT.

11 their

about
id with
luctive
d have
iooske,
e great
" which

report,
■, and a
af these
they are

ilculable
s now a
' interest
and the
pear an ce
se. The
t certain
lably not
must be
ry affords
, hitherto
may per-
it can de-
racteristic
s'ersed, its
: botanist,
e and ad-

We must
n such as
IS climate,
erce, agri-
prise, will
lore could
ti less) was
d rigorous
,nks of the
;em with a

our whole
o are accus-

growth of
Acuities be
aims of the

accessible,
cute ; let it
le Uves, the
ne-ed with

ill at least

From a very valuable historical address delivered by Hon. Willard
Rees, before the Oregon Pioneer Assocciation, 1870. I quote the
following :

" French Prairie, comparatively limited in extent, is nevertheless a prolific
field, abounding in many stirring and important events in connection with the
early history of Oregon. Here have lived and now lie buried, two of that gallant
band of pioneers, who, with Lewis and Clarke, in 1X05, followed the waters of the
Columbia from their source to the uttermost limits of the west.

" Here were the homes of Gervais, Lucier, Cannon, Jack, and on the west
side of the river, Labonte and Laframboise — four Canadians and two American
citizens, all Astor men, who came to Oregon with Capt. Hunt, in 181 1, some who
were with McKinze}-, when this part of the territory was first explored by white
men, and in later years with the exception of Laframboise, these five free trap-
pers were the first to introduce the civilizing arts of husbandry in the valley of
the Willamette. Here the pioneer missionaries, who were sent to the v/estem
confines of the continent, first proclaimed the salvation of the Cross to .he wild
native tribes of the valley. Here too, were held in 1841, the first political meet-
ings which eventuated in 1845 in giving to the whole people of the territory a pro-
visional form of republican government, a work of the Oregon pioneers, the his-
tory of which must endure while the River of the West shall continue to roll his
volunied waters to the briny deep.

In speaking of the first settlement of French Frairie, Mr. Rees

says :

"The venerable Donald Manson, who arrived at Vancouver Jan. 6, 1825,
now a resident of ChampcEg, says : ' I married Felicite, eldest daughter of
Eitenne Lucier, in October, 1828. Her father was then living on his land claim
two miles above Champoeg, where he had settled in the fall of 1827.'

" By request. Rev. B. Delorme pastor of St. Paul's church, kindly furnished
me, from the parish registry a list of names of the early settlers of French Prairie,
with age and date of demise. I will give here a few names : Frances Quesnel,
died 1844, age 65 years. Philip Degie, born at Sorel, Canada, in 1739, died Feb-
ruary 27, 1847, aged 108 years. This oldest inhabitant first crossed the continent
with Lewis and Clarke in 1805. P'rancis Rivet, died September 15, 1852, aged 95,
came to Oregon with Lewis and Clarke. William Cannon, born in Pennsylvania,
in 1755, died 1854, aged 99 years, Etienne Lucier, died March 6, 1853.^ Louis
Labonte died in i860, aged 80 years. Joseph Gervais, died July 13, 1861, aged 84
years. These four men were free trappers, and came to Oregon with Captain
Hunt in 181 1. Francis Dupra, died 1858, aged 99 years. Andrew Longtaiii, bom
in 1782, died 1879, aged 97 years."

As a matter of history I insert the following and hope it will prove

of interest.

Capt. Robert Gray was a naval officer during the Revolution.?,ry War, and
after the treaty of peace took command of merchant vessels and made several
long and successful trips ; he being the first American navigator to carry the
American flag around the world, discovering and entering the mouth of the

I Etienne Lucier was the first man wJio settled on a farm in Oregon. He first settled at what
is now East Portland, and after .-esiding there a few years moved and settled on the first farm in
French Prairie, in 1827.

I I

i ■,

brown's political history.

1842

11.

mythical " River of the West," which he named the Cc^mhia, May 11, 1792, and
claimed the country for the United States by right of discovery. On his return
to Boston, from whence he sailed, a few silver medals were struck off, one of
which was presented to him, aiii' •" ^r a more concise history, I copy the following
nieuiorial uritttn by the ln*e J. Quinn Thornton, and the report of the Legislative
Committee upon the subject: "Mr. Speaker. — Your standing committee on
commerce, to whom was referred the accompanying memorial of Hon. J. Quinn
Thornton, presenting to the state of Oregon a medal, the history of which is
therein set forth, respectfully report that the fa ts narrated in the memorial are,
and always will be, full of historical interest to the people of Oregon, and of the
United States." * « # The medal is made of silver and has the follow-
ing inscription : On one side in the center two vessels under sail, in the circle
surrounding them the words, "Columbia and Washington, commanded by J.
Kendrick." On the reverse, " Fitted at Boston, North America, for the Pacific
ocean, by J, Burrell, S. Brown, C. Bullfinch, J. Darby, C. Hatch, T. M.
Pintard, 1787."

MEMORIAL.

J. Quinn Thornton would respectfully represent that in the year 1848, while
in Washington City, Hall J. Kelly, A. M., of the state of Massachusetts, confided
to his trust a silver medal which had been struck for the purpose of commem-
orating the great historical fact of the discovery of the mouth of the Columbia
river b}- Capt. Gray, on the nth of May, 1792. Your memorialist received it in
trust, that at a fitting time lie would "make a suitable disposition of it." Your
memorialist knows not hov,', in executing the sacred trust confided in him, he
could make a more " appropriate disposition of it " than bj- presenting it to the
state, one of the most prominent geographical features of which is the river, the
discovery of which it was designated to commemorate. He therefore prays your
honoroble body, as the representati.es of the people of the state of Oregon, to
accept it in their name. Your memorialist hopes that it will not be deemed
inappropriate, if at tliis time and in this presence, he present in a condensed
form the principal historical facts which stand more or less nearly connected
with this medal.

In the year 1789, a company of merchants in the city of Boston, consisting of
J. Barrel!, vS. Brown, C. Bullfinch, J. Darby C. Hatch, and J. M. Pintard, with a
sagacious liberality and an enlightened enterprise, fitted out the Columbia and
Washington for trade and exploration on the northwest coast of America. The
former vessel was under the command of Capt. Kendrick, and the latter under
that of Capt. Gray. These gentlemen sailed from Boston on the ,^oth of .Septem-
ber of the same year, with letters from the Government of the United States, and
passports from that of Massachusetts. Both vessels arrived at Nootka Sound in
September, 1788 — the Washington a few days before the Columbia — where they
spent the winter, taking furs of the natives in exchange for commodities brought
for that pirrpose. In the following spring Capt. Gray took command of the Col-
umbia and sailed for Canton, from which jilrAce he sailed in the autum of 1789,
and returned to Boston harbor in 1790. In 1791, Capt. Gray in command of the
Columbia and J )sepli liigrahani in command of the brig Hope, su.ile<i "'
North Parific. In the spring of 1792, Capt. Gray arrived on the northw- ■ 1,
and while sailing northward, discovered an o|jen place in latitude 436° r6', from
which a current fowed with a force sufficient to prevent, him from entering,
though ^e spent nine days in efforts to do so. In April, 1792, he hailed the
British ship Discovery, and informed her commander, Capt. Vancouver, that

1842

PROVISIONAL GOVERNMENT.

.-v W

792, and
s return
F, one of
oUowing
;gislative
littee on
J. Quinn
which is
orial are,
id of the
le follow-
;he circle
ed by J.
tie Pacific
:h, J. M.

J48, while
, confided
commem-
Columbia
eived it in
t." Your
ti him, he
^ it to the
river, the
irays your
Dregon, to
)e deemed
condensed
connected

nsisting of
rd, with a
'inidia and
rica. The
tter under
f Septe-nn-
>tates, anaA
I Sound in
vhere they
es brought
)f the Col-
oi 1789,
nid of the
ed %c tdK
west eosst,
° lb', from
1 entering,
haiU-a the
)aver, that

between the 46th and 47th degrees of north latitude, he had discovered the mouth
of a river which he was not able to enter in consequence of the force of the cur-
rent setting ant to sea. Capt. Vancouver, in his jonrnal, speaks of this latitude
as having been passed by him two days before. He says, "the whole coast
formed one compact, solid, and nearly straight barrier to the sea." He also
further added that he was " thoroughly convinced that he could not possibly
have passed any safe navigable ojiening harbor, or place of security for shipping,
on the coast, from Cape Mendocino to Cape Flattery in 48", nor had he any rea-
son to alter his opinion, notwithstanding theoretical geographers, had thought
proper to assert the existence of large inlets, communicating with the Mediter-
ranean sea, and safe rivers with safe and convenient ports."

Captain Gray, feeling certain that he had discovered the mouth of a large
river, on the nth of May, 1792, renewed his efforts to enter with his vessel. With
some difficulty he succeeded and sailed up to the place now known as Tongue Point,
where he dropped anchor, took in a supply of fresh water, and remained until the
20th, trading with the natives. Upon leaving the river. Captain Oray gave to it
the name of his ship — Coi,umbia. The land immediately at the north side of the
entrance of the river, he called Cape Hancock ; that on tho south side, Cape Adams.
* * * In October, 1792, Vancouver having learned from Quaelra, the Span-
ish officer in command at Nootka, the discovery which Captain Gray reported he
had made, sent the Chatham, in command of Captain Broughton, to explore it.
On the arrival of that officer at the mouth ol the river, he found the brig Jenny,
from Boston, lying at anchor. The Jenny had sailed a few da\s previous from
Nootka. Captaiii Broughton left his vessel at the mouth of the rivir, and
proceeded up in his cutter to a pou-ut somewhere near the mouth of the Willamette.
On the 10th of November, the Chatham and the Jenny weighed anchor, and sailed
in company for tlie bay of San Francisco. * * * Captain Vancouver
admits that Cancain Gray discovered the river. After leaving Nootka, in October,
1792, he sa;s the serenity of weather encouraged him to hope that he might be en
abled on his way south, to " re-examine the coast of New Albion, and particularly
a river and harbor discovered by Captain Gray, in the Columbia, between the 46th
and 47th degrees north latitude."

Upcu the final return of the expedition, which, your memorialist has already
stated, was fitted out by the sagacious liberality and enlightened enterprise of the
gentlemen airead}- named, a few silver medals were struck for the purpose of com-
memorating Captain Graj''s discovery. It was at once seen that this, would be-
come an important fact as constituting one of the great elements of title to the
country drained by the river became priority of discovery, followed within a
reasonable time by occupancy, gives, under the laws of nations, the domain., iu
virtue of whicV. :he nation aione may use the country for the supply of its necessi-
ties, and the empire, or right of sovereign command.

One of these imecte^ was dpposi ted m the State Department at Washington , and
is now in the Librr!-r\ of Cm^ess. One was retained "^y Captarr Gra\ . It is be-
lieved that these aie the naly oaes now in exister-e. L'pon (...aptain (xray'shartdng
ended the vovage of life, sstd gone where all the chip's compaiij' meet, ' his
widow became the ynMeaaarod^ tlae«ae he had retamed. After kf piuift it several
^ears, she gave it a» Hall J, 'Birftj 's trost that he w^uUl "make «■■» afipropriate
disposition of it" She eaafiW. it to this gentiemtan. becauar he had Irasg tjeen
known to fa*? imsvessec! with a sMi»«f Ae v^imt «na importance of the- cofantry
west of tae fesidcy mmnXains, oai kaanae akK- regarded him as hiTrinif cunvrived
the plan uf cokaiizin^ tiae tosatary, kanac for Heat object and cue of »uch labor

% I ■

wir!

1 ■ "

7«

rmovvN s political history.

1846

the fouadliij^ of a new rcpiihlic of civil and religious freedom on the shores of the
racific.

Yonr memorialist, being at the seat of the Cieneral Government ih i8.|H, labor-
ing as best he couM to promote the common interest of an infant community
which had already planted under a Provisional Go\eriiment, tlie vine of Christian-
ity and the germ of civil freedom, he received Ihe accoinpan\ing medal, promising
to make " some appropriate disposition of it." He therefore ask- your acceptance
of it ; and he prays that you may be made the honored instrument, in the hands of
the great Ruler of nations, for the establishing on broad and comprehensive princi-
ples, the institutions of civilization and liberty, in

" The contiuiiims woo'l wliete rolls the Oregon,
And hears no sonml save his own dashings."

J. QUINN THORNTON.

From the Oregon Spectator of Sept. 3,1846, I copy the following:
Mr. Winthrow, of Boston, offered the following memorial :
To the honorable Senate and House of Representatives of the United States of
A^nerica in Congress assenidled : The petition of Martha Gray respectfully sets
forth : That your petitioner is the widow of Captain Robert Gray, well known as
the navigator who discovered, first entered, and gave its present name to the " Col-
umbia river." That your petitioner was left a widow nearly forty years ago, with
four young daughters, and without adequate means for their education and support.
That she has struggled thus far througli life amidst great difficulties and severe
trials, and in her advanced age is still in circumstances requiring strictest economy.
That her daughters are yet living, and three of them remain unmarried. That her
late husband. Captain Gray, was in the naval service of his countr} during apart
of the war of the Revolution, but that your petitioner is unable under the existing
laws to entitle herself to be placed upon the list of United States pensioners, ' ' the act
granting half pay and pensions to certain widows and for other purposes," providing
only for widows whose marriage took place before the first of January, 1794, and her
marriage having taken place in the month of February, 1794. That neither her
late husband during his life-time, nor his family since his decease, have received
the slightest pecuniary benefit from the great discovery herein referred to ; and
your petitioner now, for the first time, appeals to the justice of her country with
confidence ; that, at the moment when your honorable body 's spreading before
the world the claims of the United States to a vast territory of immense value, and
founding these claims, to a great extent, upon a discovery made by the energy and
perseverance of one of her citizens, the family of that citizen will not be suffered,
in their humble circumstances, to go without any remuneration ; but that your hon-
orable l)ody will make such provisions as a sense of justice and the honor of the
nation seem to require for the aged wid(jw and unprotected daughters of the man
who first unfurled the fiag of our country upon the " Great River of the West,"
and who was the first to bear this flag in triumph round the world.

With due respect. MARTHA GRAY.

Boston, Jan, 17, 1846.

c^:

Cai

1846

s of the

K, labor-
iin unity
liristiaii-
omising
•eplance
hands of
■e priuci-

lowing:

States of
.fully sets
known as
the "Col-
ago, with
il support,
nd severe
economy.
That her
ing a part
c existing
i, "the act
providing
j4, and her
leithcr her
e received
:d to ; and
untry with
ing before
value, and
;uergy and
)e suffered,
,t your hon-
■nor of the
of the man
;he West,"

1846

PROVISIOXAL GOVERNMENT.

This medal was struck commemorating the orgaiii/,atioii and sailing of the
first expedition.,

I have been requested to, if possible, obtain and publi.sli a fac-simile
of the original autographs of the earliest pioneer missionaries: The
following are all that I could obtain, and hope that they will prove of
interest to the reader :

^:^^^^-*-^ '^^'^t^r^*^^

Came to Oregon in 1836. Murdered at Lapwai, Nov. 27, 1847.
Came to Oregot. in 1836. Murdered at Lapwai, Nov. 27, 1847.

Came to Oregon in 1836. Stationed among the Nez Perces.

c^^

<t^C^-l/V<:^^ 2«a'

f-^:^-^ 91 i^f*^^^

Came to Oregon in 1836. Stationed among the Nez Perces.

I|*J

brown's poutical, history.

1846

Came to Oregon in 1838. Stationed among the Yakima's.

Came in 1845. Killed at the Whitman massacre, Nov. 27, 1847.

Came to Oregon in 1839. Stationed with Rev. Spalding.

Came in 1836.

Came in 1838.

Provisional GoYernnieiit.

1841.

Provisional Government; Death of Ewing Young; Meeting at the
Methodist Mission; Second meeting; Election op okpicers ; Rev.
David Leslie appointed administrator; Original copy ok same;
Third public meeting ; Captain Wilkes and Dr. McLoughlin.

THERE is au inherent inclination in the character of the Ameri-
can people to organize themselves into forms of self government.
If they compose an assembled train of emigrants who have come to-
getlier, strangers to one another, from different points to traverse broad
and arid plains and to face the dangers of wild beasts and savage
tribes, they organize for self protection and to aid one another. If in
the pursuit of the precious metals, they meet by accident in a mount-
ainous solitude where no law prevails, they organize mining camps,
and declare and enforce regulations for the district. They define the
size of mining claims and restrain the lawless portion of the newly
formed community. So it was with the American settlers in Oregon
in 1 84 1 ; composed of various classes and of various qualities of char-
acter, having come by sea or by land — by ship, by pack train, on foot,
or on horseback, from distant and diverse regions, they got themselves
together to take counsel how they might form some kind of Govern-
ment for themselves. They found the country practically occupied
before them by the Hudson's Bay Company — a corporation powerful
and arrogant, and representing a Government inimical to them in in-
terest and occupation. There was also at this time quite a number of
discharged servants of the Hudson's Bay Company, French Canadians,
trappers, hunters and bateau voyageurs, who had spent the best years
of their lives in toil, dangers and hardships, receiving a mere pittance,
and cast adrift in their old age to eke out a living as best they could.
They had mostly settled and made farms upon what is now known as
French Prairie in Marion county. Of course these people were largely

lilt^

.;ir

BROWN S POLITICAL HISTORY.

1841

under the influence of the Hudson's Bay Company, to whom they
looked for supplies and a market. But, as subsecjuent years disclosed,
they were qualified to make good American citizens, and were willing
to assimilate themselves with a new condition of things as soon as
circumstances demanded. Heretofore the Hudson's Bay Company
had been a monopoly, of government and a monopoly of trade in all
the vast region west of the Rocky mountains and north of Mexico
and up to the Russian possessions, save the temporary struggle of
American fur traders to occupy some of the ground. As the num-
bers of the American settlers augmented, the grasp of this monopoly
was loosened and American influences began to operate.

February 15, 1841. Mr. Ewing Young, the wealthiest and most
enterprising American citizen, died, and at his funeral, which was
largely attended, the question arose : What should be done with his
property ? He had left no will nor heirs, as far as known, and if he
had left a will there was no legal officer to probate the same, and it was
determined to hold a meeting at that time and place, which was done,
and the meeting was organized by electing Rev. Jason Lee, the head
of the Methodist Mission, chairman, but unfortunately, there is no
record of the meeting in existence. It seems that a committee had
been appointed to take into consideration the feasibility of organizing
a Provisional Government, and adjourned to meet at the Methodist Mis-
sion February 17th, and the proceedings were as follows:
Public Meeting, Held February 11 , 1841,

At a meeting of some of the inhabitants of the Willamette valley, for consul-
tation concerning the steps necessary to be taken for the formation of laws, and
the election of officers to execute the same, for the better preservation of peace
and good order, the following business was transacted :

Rev. Jason Lee was chosen chairman, and Rev. Gustavus Hines was choren
secretary. On motion,

Resolved^ That an addition of one be made to the committee of arrangements
chosen at previous meeting.^ On motion.

Resolved, That the chairman nominate this committeeman. Geo. Le Breton
was nominated and elected.

Resolved, That it be recommended that there be a committee of seven elected
for the purpose of drafting a constitution and code of laws for the government of
the settlements south of the Columbia river. It was then

Resolved, That all settlers north of the Columbia river, not connected with
the Hudson's Bay Company, be admitted to the protection of our laws, on making
application to that effect.

The meeting then proceeded to advise the committee of arrangements to pro-
pose the making of certain officers, to-wit : A Governor ; a Supreme Judge, with
probate powers ; three Justices of the Peace ; three constables ; three road com-

I This was ihe meeting held the day before.

build

I84I

PROVISIONAL GOVnRNMENT.

«3

: Breton

tnissioners ; an Attorney General ; a Clerk of the Courts and Public Recorder;
one Treasurer ; two overseers of the poor. It was recommended to nominate per-
sons to fill the several offices, and they be chosen viva voce.

The meeting then resolved itself into committee of the whole for the purpose
of choosing candidates for the several offices, and after having nominatt'd persons
to fill the various offices it was

Kcsolied, That the doings of the committee of the whole be deposited in the
hands of the chairman, to be presented to the meeting to-morrow.

On motion, the meeting then adjourned to meet at 8 o'clock to-morrow.

February 18, 1841.

At a full meeting of the inhabitants of the Willamette valley, at the Ameri-
can Mission house, David Leslie was elected chairman, and Sidney Smith and
Gustavus nines were chosen secretaries.

The doings of the previous meeting were presented to the assembly, and were
accepted in part, viz. : That a committee be chosen for framing a constitution
and drafting a code of laws ; and that the following persons compose the com-
mittee. Rev. F. N. Bianchet, Rev. Jason Lee, David Donpierre, Gustavus Hines,
Mr, Charlevon, Robert Moore, J. L. Parrish, Etienne Lucie and Wm. Johnson.

Dr. Ira L. Babcock was appointed to fill the office of Supreme Judge with pro-
bate powers ; Geo. Le Breton was chosen to fill the office of Clerk of Courts and
Public Recorder ; Wm. Johnson was chosen to fill the office of High SheriflF
Havier Laderant, Pierre Billique and Wm. McCarty were chosen constables.

Resolved, That until a code of laws be adopted by this community, Dr. Bab-
cock be instructed to act according to the laws of the State of New York.

Resolved, That this meeting now adjourn to meet on the first Tuesday of
June, at the new building, near the Catholic church.

Tuesday, June i, 1841.

An adjourned meeting of the inhabitants of the Willamette valley, at the new
building, near the Catholic church, was calle I to order by the chairman.

On motion the doings of the former meeting were read.

The report of the committee for drafting a constitution and code of laws, was
called for, and responded by the chairman and others, that no meeting of the com-
mittee had been had, consequently no report had been prepared.

Rev. F. N. Bianchet requested to be excused from serving further upon the
committee to draft a constitution and code of laws, and was excused.

On motion, Ur. Bailey was chosen to fill the vacancy and the committee in-
structed to meet on the first Monday in August next. That this committee be
instructed to report to an adjourned meeting on the first Tuesday in October next.

Resolved, That the committee for drafting constitution and laws, be instructed
to confer with the Commodore of the American squadron, * and John McLoughlin,
Chief Factor of the Hudson's Bay Company, w'th regard to forming a constitution
and code of laws for this community.

Resolved, That the motion to adopt the report of the nominating committee,
presented at a former meeting be reconsidered.

Resolved, That the committee to draft a constitution, &c., be instructed to
cake into consideration, the numbi. and kind of offices it will be necessary to
create, in accordance with their constitution and code of laws, and report the same

I
'i

■

ii ^4il

FM \

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XX-

I Commodore Wilkes, U. S. N.

Mm.

IMAGE EVALUATION
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to the next meeting, and that the report of the nominating committee be referred
to said committee.

Moved and carried, that this meeting adjourn to meet aithe American Mission
Hoi'se, at 1 1 o'clock on the first Tuesday in October next.

SIDNEY SMITH.
GUSTAVUS HINES.

Secretaries.

It will be noticed in one of the last resolutions, that the matter of
organizing a Provisional Government was to be referred to Commodore
Wilkes and Dr. McLoughlin. This was a fatal move, as Commodore
Wilkes strenuously advised against the project and was used as one of
the arguments, that the United States Government would extend their
laws over the territory iti a short time, which he must have known
could not possibly transpire under two or more years, as the treaties at
that time required a years' notice from the Government that desired to
open the question again for settlement, and then a full year could, and
most probably would be consumed in trying to negotiate. Dr. Mc-
Lougblin at that time, was Chief P'actor of the Hudson's Bay Company,
and, although his great philanthropy did tirge him to extend an assist-
ing hand to all in need — whoever it might be, his duty to his com-
pany or employer recjuired him to discourage anything that he might
conceive wotild lead to sectional jealousy, or to interests adverse to his
company. He therefore expressed an opinion similar to that of Wilkes,
although after he had resigned his high and lucrative office as Chief
P'actor, sustained the Provisional Government, and at the earliest date
possible declared his intentions to become an American citizen.

With this discouragement, the committee to draft the constitution
and code of laws never met, and the movement died out for the want of
some one to keep the matter alive. Meanwhile jealousies in regard to
who should fill the office of Governor were rife. The Methodist Mis-
sion wanted to furnish one or two cand'dates, the English element a
candidate, and the last, but an important factor, the non-church mem-
bers, men who were neither Catholics nor Protestants wished a candi-
date. None could elect singly, no two could combine, therefore the
whole matter went i)y default, although not killed in any maimer, but
postponed to a time when more Americans would arrive and settle in
the country.

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ASTORIA IN 1837.
{Fiiiiii C^MM.v Hislotv of i)if^on, byconsenl.)

1842

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Dr. E. White; Oregon Lyceum; Whitman's Winter Trip; Mr. Linn's
Resolution ; Lieutenant Fremont's Expedition.

THERE were about one hundred and forty American settlers in
Oregon at the beginning of 1842, and the attempt of the previous
year to organize a Provisional Government was allowed to lie dor-
mant for the time being, evidently to gather strength by augmenta-
tion of the immigration expected across the plains that year. The
number that came were not ver>' large, but some of them soon took
an active part in assisting to further the object of the American por-
tion of the old settlers, especially Captain Medorem Crawford and
A. L. lyovejoy. The latter before reaching the Willamette valley re-
turned across the mountains with Dr. Whitman, and accomplished a
very perilous journey. The third person of this year's immigration,
and one who attempted to rule the country, whether it would be ruled
or not, was Dr. Elijah White, who bore a commission as sub-agent to
the Indian Department. He was a keen, foxy, unscrupulous blather-
skite, and a man of great pretensions.

The question of establishing a Government began to be mooted,
and in the fall of that 3'ear the ' ' Oregon Lyceum ' ' was organized at
the " Falls," or Oregon City, and the question of establishing an in-
dependent Government was discussed by its members, while overtures
were being made to Canadiaivs to take part. But the Canadt s were
held back by the influence of their spiritual leaders and the peculiar posi-
tion that they were placed in ; first, they were subjects of Great Britain ;
second, the countr}-, through treaty then in existence, was subject to
joint occupancy of the United States and Great Britain, although it was
tacitly admitted that that portion of the country south of the Columbia
river belonged, or would belong to the United States ; and again, to
join in this movement, would be against the interest of the Hudson's
Bay Company, most of whom had been in its employ, and still were
in a manner dependent upon the company to obtain the necessaries of
life and a market for their produce ; third, the American population
were Protestants in religion, while the Canadians were Catholics, and

brown's political history

1842

the Hudson's Bay Company represented their church, and they were
more or less afraid that their rights would be interfered with, in re-
gard to holding land and other property, and th"refore preferred to re-
main as they were until the two great Governm'ents should settle the
matter of ownership of the country.

Taking into consideration the surrounding circumstances, it does
not seem strange at all that this class of settlers, who knew nothing
whatever of the benefits of good government or had ever taken part
in anything of the kind should hold back, although they lived in
great cordiality with all Americans.

An address was drawn up and presented to the Americans the
next year, which will appear in its proper order of date.

That the Americans were anxious to have their assistance was
founded on the ground that they would make good citizens, which an-
ticipation was realized to its fullest extent when the Provisional and
Territorial Governments were finally organized. And at the present
day under the state organization, those who are still living and their
descendants are the best citizens of the community wherever they live.

As a true narrative of the remarkable overland winter trip of 1842-
1843 has never been printed in any history, and only once in a news-
paper, it is deemed of so great interest that a letter written by Hon.. ,
A. ly. Lovejoy, who accompanied Dr. Whitman on that journey, is
herewith inserted. Although written twenty-eight years afterwards,
it is a plain and truthful statement and the only one extant :

Orkgon City, February //, 18 jo.
Dr. Atkinson — Dear Sir: In compliance with your request, I will en-
deavor to give you some idea of the journey of the late Dr. Marcus Whitman
from Oregon to Washington, in the winter of 1842-1S43. True, I was the doctor's
traveling companion in that arduous and trying journey, but it would take
volumes to describe the many thrilling scenes and dangerous hair-breadth escapes
v'e passed through, traveling, as we did, almost the entire route through a hostile
Indian country, and enduring much suffering from the intense cold and snow we
had to encounter in passing over the Rocky mountains in mid-winter. T crossed
the plains in company with Dr. White and others, and arrived at Wailatpu the
last of September, 1842. My party camped some two miles below Dr. Whit-
man's place. The day after our arrival. Dr. Whitman called at our camp and
asked me to accompany him to his house, as he wished me to draw up a memorial
to Congress to prohibit the sale of ardent spirits in this country. The doctor was
alive to the interests of this coast, and manifested a very warm desire to have it
properly represented at Washington ; and after numerous conversations with the
doctor touching the future prosperity of Oregon, he asked me one day in a very
anxious manner, if I thought it would be possible for him to cross the mountains
at -liat time of the year ? I told him I thought he could. He next asked me,
"Will you accompany me? " After a little reflection I told him I would. His

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1842

PROVISIONAL GOVERNMENT.

arrangements were rapidly made. Through the kindness of Mr. McKinley, then
stationed at Fort Walla Waila, Mrs. Whitman was provided with a suital)le
escort to the Willamette valley, where she was to remain with her missionary
friends until the doctor's return. We left Wailatpu October 3, 1842, traveling
rapidly, reached Fort Hall in eleven days, remaining two days to recruit and
make a few purchases. The doctor engaged a guide and we left for Fort Winte.
We changed from a direct route to one more southern, through the Spanish
coimtrj', via Salt Lake, Taos and Sante Fe. On our way from Fort Hall to Fort
Winte we had terrible, severe weather. The snow retarded our progress and
blinded the trail, so we lost much time. After arriving at Fort Winte and mak-
ing some purchases for our trip, we took a new guide and started for Fort Un-
cumpagra, situated on the waters of Grand river, in the Spanish country. Here
our stay was verj' short. We took a new guide and started for Taos. After being
out some four or five days we encountered a terrific snow storm, which forced us
to seek shelter in a deep ravine, where we remained snow bound for four days, at
which time the storm had somewhat abated, and we attempted to make our way
out upon the high lands, but the snow was so deep and the winds so piercing and
cold we were compelled to return to camp and wait a few days for a change
of weather.

Our next effort to reach the highlands was more successful ; but after spend-
ing several daj^s wandering around in the snow without making much headway
our guide told us that the deep snow had so changed th*" face of the country that
he was completely lost and could take us no further. This was a terrible blow to
the doctor, but he was determined not to give it up without another effort. We
at once agreed that the doctor should i;ake the guide and return to Fort Uncum-
pagra and get a new guide, and I remain in camp with the animals until he could
return ; which he did in seven days with our new guide, and we were now on our
route again. Nothing of nmch import occurred but hanl and slow traveling
through deep snow until we reached Grand river, which was frozen on either side
about one-third across. Although so very cold, the current was so intensely
rapid about one-third of the river in the center was not frozen. Our guide
thought it would be dangerous to attempt to cross the river in its present condi-
tion, but the doctor nothitig daunted, was the first to take the v.ater. He
mounted his horse — the guide and myself shoved the doctor and his horse off the
ice into the foaming stream. Awa\' he went completely under water, horse and
all, but directly came up, and after buffeting the rapid, foaming current he
reached the ice on the opposite shore a long way down the stream. He leaped
from his horse upon the ice and soon had his noble animal by his side. The
guide and myself forced the pack animals and followed the doctor's example, and
were soon on the opposite shore drying our frozen clothes by a comfortable fire.
W'e reached Taos in about thirty days, suffering greatly from cold and scarcity
of provisions. We were compelled to use mule meat, dogs, and such other
animals as came in our reach. We lemained at Taos a few days only, and started
for Bent's and Savery's Forts on the hea' vaters of Arkansas river. When we
had been out some fifteen or twenty days, we met George Bent a brother of Gov.
Bent, on his way to Taos. He told us that a party of mountain men would
leave Bent's Fort in a few days for vSt. Louis, but said we would not reach the
fort with our pack animals in time to join the party. The doctor being very
anxious to join the party, so he could push on as rapidly as possible to Washing-
ton, conclvided to leave myself and guide with the animals, and he himself taking
the best animal with some bedding and a small allowance of provisions, started

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1842

alone, hoping by rapid traveling to reach the fort in time to join the St. Louis
party, but to do so he would have to travel on the Sabbath, something we had not
done before. Myself and guide traveled on slowly and reached the fort in about
four days, but imagine our astonishment when on making inquiry about the
doctor we were told that he had not arrived nor had he been heard of. I learned
that the party for St. Louis was camped at the Big Cottonwood, forty miles from
the fort, and at my request Mr. Savery sent an express, telling the party not to
proceed any further until we learned something of Dr. Whitman's whereabouts,
as he wished to accompany them to St. Louis. Being furnished by the gentle-
men of the fort with a suitable guide I started in search of the doctor, and
traveled up the river about one hundred miles. 1 learned from the Indians that
a man had been there who was lost and was trying to find Bents' Fort. They
said they had directed him to go down the river and how to find the fort. I
knew from their description that it was the doctor. I returned to the fort as
rapidly as possible, but the doctor had not arrived. We had all become very
anxious about him. Late in the afternoon he came in very much fatigued and
desponding ; said that he new that God had bewildered him to punish !''.m for
traveling on the Sabbath. During the whole trip he was verj' regular in his morn-
ing and evening devotions, and that was the only time I ever knew him to travel on
the Sabbath.

The doctor remained all night at the fort, starting cxrly on the following
morning to join the St. Louis party. Here we parted. The doctor proceeded to
Washington. I remained at Bents' Fort until spring and joined the doctor the
following July near Fort Laramie on his way to Oregon, in company with a train
of emigrants. He often expressed himself to me about the remainder of his
journey and the manner in which he was received at Washington and by the
Board of Foreign Mission at Boston. He had several interviews with President
Tyler, vSecretary Webster and a good many members of Congress. Congress
being in session at that time, he urged the immediate temi.'iation of the treaty
with Cireat Britain relative to this country, and begged them to extend the laws
of the United States over Oregon, and asked for liberal inducen.ents to emigrants
to come to this coast. He was very cordially and kindly recei\ed by the Presi-
dent and members of Congress, and without doubt the doc'^^or's interviews
resulted greatly for the benefit of Oregon and to this coast. But his teception at the
Board of Foreign Missions was not so cordial. The board was inclined to censure
him for leaving his post. The doctor came to the frontier si ttlements urging the
citizens to emigrate to the Pacific. He left Independence, Missouri, in the month
of May, 1843, with an emigrant train of about i,o<x) souls, for Oregon. With his
energy and knowledge of the country, he rendered them great assistance in ford-
ing the many dangerous streams they had to cross, and in finding a wagon road
through many of the narrow, rugged passes in the mountains. He arrived at
Wailatpu about one year from the time he left, to find his home sadly dilapi
dated ; his flouring mill burned to the groinid. The Indians were very hostile to
the doctor for leaving them, and, without doubt, during his absence the seeds of
that assassination were sown (by those haughty Cayuses) which resulted in his
death, Mrs. Whitman and many others, although it did not take place until some
four years after.

I remain j-ours, with great respect,

A. LAWRENCE LOVEJOY,

A. E. Wilson, Peter Foster, P. H. Hatch, and F. W. Pettigrove

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1832

PROVISIONAL GOVERNMENT.

also arrived this year, and all proved to be beneficial acquisitions to
the country. Mr. Pettigrove brought a small stock of goods with him.
In fact, the settlers were becoming more independent of the Hudson's
Bay Company in regard to supplies.

A colony of about forty families arrived from the Red River settle-
ment to colonize Puget Sound, under the auspices of the Hudson's
Baj' Company, consisting of English, Scotch and French Canadians,
but they did not like the country or their treatment and soon settled on
the Oregon side of the Columbia, and were received as citizens. The
Hudson's Bay Company now fortified Fort Vancouver, and Her
Majesty's ship Modeste was stationed in the Columbia river to over-
awe and control the independent moving Americans, which of course
made the latter more determined to organize a Government, and had
the effect to hasten that object.

While the citizens w^re wondering and looking to the " good time
coming," by being recognized by the mother Government, Mr. Linn
was still doing all that could be done to influence Congress to take some
decisive step, and on his motion, all the petitions and memorials relat-
ing to the occupancy, etc., of the Oregon territory, presented since
1838 were removed from the files and referred to the select committee.

January 4, 1842, Mr. Linn submitted the following : Resolved, That the
President of the United States he requested to give the notice to the British Gov-
ernment which the convention of 1829 requires, in order to put an end to the treaty for
the joint occupation of Oregon, west of the Rocky mountains, and which territory is
now possessed and used by the British Hudson's Hay Company, to the ruin of the
American Indian and fur traders in that quarter, and conflicting with our inland
commerce with the internal provinces of Mexico. I'laced on the calendar.

January 21st. Mr. Linn, from the select committee on territory of Oregon, re-
ported a bill to authorize the adoption of means for the occupation and settlement
of the territory of Oregon, and for extending certain jiortions of the laws of the
Union over the same, and for other purposes.

March 28tli. A memorial from residents on Oregon River asking extension of
United States laws over Oregon territory ; from citizens of Missouri for the same.

April 7th. The resolution submitted a few days since by Mr. Linn, for calling
for any correspondence 011 the subject of the Oregon territory was taken up, and
Mr. Preston having stated that he had information that the call was unnecessary,
it was on his motion laid upon the table.

April 30th. Mr. Linn presented a petition from citizens of Michigan praying
a military occupation of the Oregon territory and its formation into a territorial
government. '

Lieutenant Fremont left St. Louis, Mo., about June i, 1842, under
orders from the war department, with a party of twenty men on a tour

I Niles' National Register, Vol. 12— 1R42.

brown's POMTICAI. niSTOKV,

1842

to the Rocky mountains. The object of the expedition was an exam-
ination of the country betwt-en the mouth of the Kansas and the head
waters of the great river Platte, inchidiug the navigable parts of both
these rivers, and what is called the Southern Pass in the Rockj' mount-
ains and the intermediate country, with a view to the establishment of
a line of military posts from the frontier of Missouri to the mouth of
the Columbia river. This expedition is connected with the proposition
now before Congress to occupy the territory about the Columbia river,
as proposed by Dr. Linn's bill.

The great river Platte is the most direct line of communication be-
tween this country and the mouth of the Columbia, and that route is
known to be practicable and easy. It therefore becomes important to
ascertain the general character of that river and the adjacent country,
and the facilities it will be likely to afford in prosecuting the contem-
plated settlements in Oregon. The Southern Pass, or depression in
the Rocky mountains, is near the source of the extreme western branch
of the Platte, and affords an easy passage for wagons which have fre-
quently passed over it ; and it is important that the latitude of this
point should be ascertained, as it is thought that it will not vary much
from the line established between the United States and Mexico,
by the treaty of Spain in 1.S19. If this pass should fall south of that
line (40 degrees north latitude) it may be necessary to examine the
country north of it ; the line of the Yellowstone, and the south branch
of the Columbia would, it is thought, afford the next best route.

Lieutenant Fremont is well supplied with instruments for making
astronomical observations ; for fixing the latitude and longitude of im-
portant points ; and a daguerotype apparatus for taking views of im-
portant points and scenes along the route; and, if not obstructed in
his operations bj' large bands of Indians, which sometimes trouble
small parties passing through that region, may be expected to impart
much valuable information to the Government and the country.

Since the attention of the country has been directed to the settle-
ment of the Oregon territory by our able Senator (Dr. Linn) and by
reports of those who have visited that region in person, the importance
of providing ample security for the settlers there, and the opening of
a safe and easy communication from the western boundary of Missouri
to the Columbia river, has been universally admitted. — St. Louis Re-
publican.

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1843.

Pnill.lC MlvlCTlNC. AT Til K iNSTlTli. Mi:i;TIN(; AT JdSKI'H C.ICKVAIS; CA-
NADIAN CiTi/.KNs' Addkkss; Dr. W iiitk and His Cki;iikntiai,s ; I'l'ii-
MC MekTinu and a Division \\\:> t)N yiKSTioN ok ()U(, animation ;

I.HCISI.ATIVK CoMMlTTKlC I". aTKD MlOlTr >r Dl" LkC ISI. \'n VK CoM-
MlTTlCK; MlvKTiNC. TO Ra..1V TllKlM TkoCKIvIUNCS ; I'J.HCTION OK

ExECUTiVK CoMMiTTKK; DISTRICT! ::i. OK Tkrkitorv ; Rivi'ORT OK Ju-
diciary CoMM TTi:!; ; Land L.av; ..Ii:m(iriai, To Con(.ri;ss ; Okkcon
CiTv Controvi;rsv ; Dr. Wiiiti:'', Rki'drT; Ivxtracts 1'rom Dr. Mc-
Loughmn's Manuscript; I'irst Pkintinc. Prkss ; Mdimurc. Rkvikw
ArTici.k; Wim.iam Sutton's StaTIvmicnt; Conc.ricssionai, Prockkd-
iNCS; Dhatii ok SknaTor I, inn; Provisu)Nai, Govi;knmi;nt OkkichrS.

Procred i iijfs of a Meciitii^ Held at the Orison Institute, Fibrnary _•, /<S/,?.

A puhlic meeting, of a munber of citizens of this colony, was culled to onler
to take into consideration the propriety of adopting some measnres for the pro-
tection of our herds, etc., in this country.

On motion, I. L. Uabcock was called to the chair, who proceeded to state the
objects of the meeting, and the necessity of acting.

Mr. W. H. Gray moved, and Mr. Torn seconded the motion, that a committee
of six be appointed to notify a general meeting, and report business, etc., which
motion was carried, and Messrs. W. H. Gray, Alaiison Beers, Joseph Gervais,
W. H. Willson, Barnaby and E. Lucie were appointed said committee.

Mr. Beers moved that a general meeting be i_"alled at the house of Mr. Joseph
Gervais on the first Monday in March next, at lo o'clock a. m., which motion
carried. I. L. BABCOCK, Chairman.

W. H. Wim.son, Secretary.

Journal of a Meeting at the House of J. Gervais, First Jfonday in JIarch, /S/j.

In pursuance of a resolution of a previous meeting, the citizens of Wallamet
valley met, and, the meeting beinij called to order, Mr. James O'Xeil was chosen
chairman. Mr. Martin was chosen as secretary, but declined to serve, and Mr.
Le Breton was chosen .

Minutes of former meeting were read.

The committee appointed to notify a general meeting and report business,
made the following report :

Your committee beg leave to report as follows : It is admitted by all, that
bears, wolves, panthers, etc., are destructive to useful animals owned by the
settlers of this colony, your committee woidd submit the following resolutions, as
the sense of this meeting, by which the communit)' may be governed in carrying
on a defensive and destructive war against all such animals :

Pirst — /Resolved, That we deem it expedient for this community to take im-

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brown's political, history.

1843

mediate measures for the destruction of all wolves, panthers and bears, and such
other animals as are known to he deistructive to cattle, horses, sheep and hogs.

Second — That a treasurer be appointed, who shall receive all funds, and dis-
pense the same, in accordance with drafts drawn upon him by the committee ap-
pointed to re. ive the evidences of the destruction of the above named animals;
and that he report the state of the treasury, by posting up public notices once in
three months, in the vicinity of each of the committee.

Third — That a standing committee of eight be appointed, whose dut}' it shall
be, together with the treasurer, to receive the proofs, or evidences, of the
animals, for which bounty is claimed, having been killed in the Wallamet valley.

Fourth — That a bounty of 50 cents be paid for the destruction of a small wolf;
$3 for a large wolf; $1.50 for a U-ns. ; $2 for a bear, and $5 for a panther.

Fifth — Thatno bounty be paid unless the individual claiming said boimtygive
satisfactory evidence, or present the skin of the head, with the ears, of all
animals for which he claims a bounty.

Sixth — That the committee and treasurer fortn a board of advice to call pub-
lic meetings, whenever they may deem it expedient, to promote and encourage
all persons to use their vigilance in destroying all the animals named in the
fourth resolution.

Seventh — That the bounties specified in the fourth resolution be limited to
whites and their descendants.

Eighth — That the proceedings of this meeting be signed by the chairman
and secretary, and a copy thereof be presented to the recorder of this colony.

All of the above resolutions were adopted.

On motion, W. H. Gray was chosen treasurer.

It was moved and carried that Messrs. McRoy, Gervais, Maitune, S. Smith,
Dougherty, O'Neil, Shortes and Lucie be the standing committee.
G. \V. Le Breton and Bridges were appointed collectors.

On motion, the following resolutions were adopted :

Resolved, That no money be paid to any white man, or his descendants,
previous to the time of his subscription.

Resolved, That the bounty of a minor child be paid to a parent or guardian.

Resolved, That the draft for receiving subscriptions be drawn by Mr. Gray
and Le Breton.

Resolved, That drafts on Fort Vancouver, the Mission, and the Milling Com-
pany be received as subscriptions as payment.

Mr. W. H. Gray introduced the following resolutions, which were adopted :

Resolved, That a committee be appointed to take into consideration the pro-
priety of taking measures for the civil and military protection of this colony.

Resolved, That said committee consist of twelve persons, as follows : Messrs.
Dr. Babcock, Dr. White, O'Neil, Shortess, Newell, Lucie, Gervias, Hubbard, Mc-
Roy, Gray, Smith and Gay were appointed said committee. On motion, meet-
ing adjourned. JAMES O'NEIL, President.

G. W. Lk Breton, Secretary.

The following addres.s of the Canadian citizeiLS was presented at
the above meeting, and was laid a-side for the present :

1843

PROVISIONAI, GOVERNMENT.

Address of the Canadian Citizens of Oregon to the Meeting at Champoeg,

March ^,' A?/J.

We, the Canadian citizens of the Willamette, considering, with interest and
reflection, the subject which unites the people at the present meeting, present to
the American citizens, and particularly to the gentlemen who called said meet-
ing, the unanimous expression of our sentiments of cordiality, desire of union
and inexhaustible peace between all the people, in view of our duty and the in-
terest of the new colony, and declare :

First — That we wish for laws, or regulations, for the welfare of our persons,
and the security of our property and labors.

Second — That we do not intend to rebel against the measures of that kind
taken last year, by a party of the people ; although we do not approve of certain
regulations, nor certain mo'les of laws, let those magistrates finish their time.

Third — That we will not address a new petition to the Government of the
United States, because we have our reasons, till the line be decided, and the
frontiers of the states fixed.

Fourth — That we are opposed to the regulations anticipated, and exposed
to the consequences for the quantity, direction, etc., of lands, and whatsoever ex-
pense for the same lands, because we have no direct guarantee from the Govern-
ment to come, and, perhaps, to-morrow, all thtse measures may be broken.

Fifth — That we do not wish a provisional mode of Government, too self
interested, and full of degrees, useless to our power, and overloading the colony
instead of improving it ; besides, men of laws and science are too scarce, and
have too much to do in such a new country.

vSixth, — That we wish either the mode of Senate or Council, to judge the dif-
ficulties, punish the crimes (except capital penalties), and make the regulations suit-
able for the people.

Seventh — That the same Council be elected and composed of members from
all parts of the country, and shall act in a body, on the plan of civilized countries
in parliament, or as a jury, and to be represented, for example, by the President of
said Council, and another member, as judge of the peace, in each county, allowing
the principle of recalling to the whole Senate.

Eighth — That the members shall be influenced to interest themselves to
their own welfare, and that of the public, by the love of doing good, rather than
by the hope of gain, in order to take off from the esteem of the people all supicions
of interest in the persons of their representatives.

Ninth — That they must avoid every law loading, and inexpedient to the peo-
ple, especially to the new arrivals. Unnecessary taxes, and whatever records are
of tlia: ivind, we do not want them.

1 cnth — That the militia is useless at present, and rather a danger of bad sus-
picion to the Indians, and a delay, for the necessary labors ; in the same time, it is
a lord ; we do not want it, either, at present.

E'eventh — That we consider the country free, at present, to all nations, till
Government shall have decided ; open to every individual wishing to settle, without
any distinction of origin, and without asking him anything, either to become an
English, Spanish, or American citizen.

Twelfth — So wc, English subjects, proclaim to be free, as well as those who
came from F'rance, California, Unite 1 States, or even natives of this country ; and

I Evidently iuteuded for May a, 1843.

urown's political history.

1843

ilHi

we desire unison with all the respectable citizens who wish to settle in this country ;
or, we ask ti) be recognized as free amongst ourselves, to make such regulations as
appear suitable to our wants, save the general interest of having justice from all
strangers who niiglit injure us, and that our reasonable customs and pretensions be
respected.

Thirteenth — Thai we are willing to submit to any lawful Government when
it comes.

Fourteenth — That we do not forget that we make laws only for necessary
circumstances. The more laws there are, the more opportunities for roguery, for
those who make a practice of it ; and perhaps, the more alterations there will be
some day.

iMfteenth — Tint we do not forget in a trial, that before all fraud on fulfilling
some points of the law, the ordinary proofs of th.e certainty of the fact ought to be
duly weighed, so that ji itice may be done, and no shame given for fraud.

Sixteenth — In a new country, the more men employed and paid by the pub-
lic, the less remains for industry.

Se'venteenth — That no one can be more desirous than we are, for the pros-
perity, amelioration, and the general pjace of the country, and especially for the
guaranty of our riglits and liberties; and such is the wish we make for all those
who are, or may become our fellow-countrymen, for long years of peace.

[Then follow our names and persons].

In regard to the above addres.s, Mr. Le Breton who had taken a
very active part in all the proceedings and posted himself as he could
speak French, quietly laid the address aside.

Mr. Gray says : "By mutual agreement, the committee of twelve
met at the Willamette Falls, about the middle of March, i^^43. * *
Dr. White was chosen temporary chairman, G. W. I_,e Breton, secre-
tary of the committee, a motion was made and carried to invite the
citizens of the valley to participate in the deliberations of the commit-
tee. Rev. Jason Lee, Rev. A. P\ Waller, Geo. Abernethy, R. Moore,
and in fact all the prominent men of the place were present and par-
ticipated in the discussions."

Rev. Jason Lee and Mr. Abernethy were disposed to ridicule the
proposed organization as foolish and unnecessary, and repeated some
anecdotes to illustrate their meaning.

After the adjournment of the committee of twelve at the Wallamet
Falls, the French and Hudson's Bay Company held a meeting at Van-
couver, one at the Falls, and two in French Prairie at the Catholic
church. At these meetings the course to be pursued was decided upon
and the above address was drawn up and presented.

The meeting of the American citizens of June i, 1841, adjourned
to meet on the first Tuesday ot the following October seems not to have
occurred, or at least no records can be found that such a meeting was

,i"i' 1

i«43

PROVISIONAL GOVERNMENT.

1-
LC
111

held, but there was a meeting held of which the following is a minute

of the proceedings :

Champoeo, June 23, i<S43.

At a meeting of the citizens of the Willamette, Dr. Ira h. Babcock, chairman,
and Geo. W. Le Breton, secretary, Dr. Elijah White was asked to show his creden-
tials as United States Sub-Agent of Indian Affairs which he did, and a committee
of seven were appointed to draft a set of resolutions as expressive of the feeling ot
the community. The committee consisted of Thomas J. Hubbard, Geo. W. Le
Breton, Robert Shortess, Rev. Gustavus Hines, James O'Neil, George Abernethy,
and Rev. Josiah L,- Parrish, who presented the following and unanimously adopted :

Resolved, 1. That we, the citizens 01 Willamette valley, are exceedingly
happy in the consideration, that the Government of the United States have mani-
fested their intentions through their agent. Dr. E. White, of extending their juris-
diction and protection over this country.

Resolved, 2. That in view of the claims which the aborigines of this country
have upon the sympathies of the white man, we are gratified at the appointment of
an agent by the United States Government to regulate and guard their interests.

Resolved, 3. That we highly approve of the appointment of Dr. E. White to
the above office, and that we will cordially co-operate with him in carrying out the
measures of Government in reference to this country.

Resolved, 4. That we feel grateful to the United States Government for their
intended liberality towards the settlers of this country, and for their intention to
support education and literature among us.

Resolved, 5. That it will give us the highest pleasure to be brought as soon as
practicable, under the jurisdiction of our mother country.
J. Hubbard, G. W. L,B Breton, R. Shortess,

J. O'Neil, G. Hines, " J. L. Parrish.

Resolved unanimously. That the doings of this meeting be transmitted to the
Government of the United States by Dr. E. White, in order that our views and
wishes in relation to this country may be known.

Geo. W. Le Breton, I. L. BABCOCK,

Secretary. Chairman.

At a public meeting of the inhabitants of the Wallamet settlements, held in
accordan:e with the call of the committee chosen at a fonner meeting, for the
purpose of taking steps to organize themselves into a civil community, and pro-
vide themselves with the protection, secured by the enforcement of law and
order.

Dr. I. L. Babcock war- chosen chairman, and Messrs. Gray, Le Breton and
WiVlson, secretaries.

The committee made their report, which was read, and a motion was made,
that it be accepted, which was lost, considerable confusion existing in con-
sequence.

It was moved by Mr. Le Breton, and seconded by Mr. Gray, that the meet-
ing divide, preparatory to being counted ; those in favor of the objects of this
meeting taking the right, and those of a contrary mind the left, whioli being
carried by acclamation, and a great majority being found in favor of organization,
the greater part of the dissenters withdrew. '

I The vote stood yeas 55, nays 50.

brown's political history.

1843

It was then moved and carried, that the report of the committee be taken up,
and disposed of article by article.

A motion was made and carried, that a supreme judge, with probate powers
be chosen to officiate in this community.

It was then moved and carried that the following officers be chosen : sheriff;
three magistrates ; three constables.

Moved and carried that a committee of nine persons be chosen for tlie pur-
pose of drafting a code of laws, for the government of this community, to be pre-
sented to a public meeting to be hereafter called by them, on the fifth day of July
next, for their acceptance.

A motion was made and carried, that a treasurer, be chosen also one major
and three captains.

Moved and carried, that we now proceed to choose the persons to fill the var-
ious offices, by ballot. W. E. Wilson ' was chosen as supreme judge with pro-
bate powers ; G. W. Le Breton, was chosen as clerk or recorder ; J. h. Meek was
chosen sheriff; W. H. Willson, was chosen treasurer.

Moved and carried that the remainder of the officers be chosen by hand
ballot, and nominated from the floor.

Messrs. Hill, Shortess, N«_well, Beers, Hubbard Gray, O'Neil, Moore, and
Dougherty, were chosen to act as a legislative committee. Messrs. Burns, Jud-
son and A, T. Smith were chosen to act as magistrates ; Messrs. Ebbets, Bridges
and Lewis were chosen to act as constables ; John Howard as major ; Messrs.
Wm. McCarty, C. McRoy, and S. Smith were chosen captains.

Moved and carried, that the legislative committee make their report on the
5th day of July next, at Champooick.

Moved and carried that the services of the legislative committee be paid for,
at $1.25 per day, and that the money be raised by subscription.

Moved and carried that the major and captains be instructed to enlist men to
form companies of mounted riflemen.

Moved and carried that an additional magistrate and constable be chosen :
Messrs. Campo was chosen magistrate, and Matthews constable.

Moved and carried that the legislative committee shall not sit more than
six days.

The meeting then adjourned.

The question having arisen, with regard to what time the newly appointed
officers shall commence their duties, the meeting was again called to order, when
it was moved and carried, that the old officers remain in office till the laws are
made and accepted, or until the next public meeting.

Attest: G. W. LE BRETON,

Secretary,

Journal of the Legislative Committee, May /6, 184s .

Willamette, May 16, 1843.

The legislative committee met, and came to order by choosing Mr. Moore,
chairman, and G. W. Le Breton, secretary.

On* motion of Mr. Gray, a committee of three, Messrs. Gray, Shortess and
Newell, were appointed to prepare rules and business for this house.

1 This should be A. E. Wilson.

■ I'rw^

1843

PROVISIOxVAL GOVERNMENT.

The committee on rules reported and were adopted article by article.

The chair appointed Messrs. Reers, Hubbard and Shortess committee on
judiciary; ways and means, Messrs. Shortess, O'Neil and Dougherty; military
affairs, Messrs. Hulibard, Newell and Gray ; on private land claims, Messrs.
Shortess, Dougherty and Hill ; division of the country into districts, Messrs.
Gray, Dougherty and Beers ; adjourned.

The second day's proceedings consisted of reports of committees and com-
mittee of the whole.

May 19. The committees on judiciary recommended that an executive com-
mittee of three be elected at the public meeting that was to ratify their pro-
ceedings. '

The legislative committee then adjourned until Thursday, June 27, 1843.

The committee met pursuant to adjournment and spent two hours in consid-
ering the report of the revising committee to whom all the reports of the previous
session had been referred and then adjourned to meet at Champooick, July
5. 1843-

Attest : G. \V. Le Brkton, ROBT. MOORE,

Clerk. Chairman.

Public meeting held on the 5th day of July, 1843.''

The inhabitants of Oregon territory met, pursuant to adjournment, to hear
the report of the legislative committee, and to do such other business as might
come before them.

The report of the legislative committee was considered section by section
and very generally ?idopted.

The executive committee were elected by ballot, consisting of the following
gentlemen : David Hill, Alanson Beers, and Joseph Gale.

Moved and carried, that the committee chosen to carry into effect the nine-
teenth -resolution, have access to all public records, and also to have authority to
call upon any individual for information, necessary to carry out their instruc-
tions.

Resolved, That the chairman of the meeting, assisted by the Rev. Messrs.
Lee, Clark, and Leslie, be a committee to draft, and administer an oath of office,
to the civil officers elected on the 3d of May, 1843 ; and that said officers be
required to subscribe to the same, and administer the oath to the supreme judge,
who shall hereafter qualify all civil and military officers elected by the people.

(Signed) G. W. LE BRETON,

Recorder.

Report of Legislative Committee upon Districts.
The legislative committee recommend that the territory be divided into four
districts, as follows :

First district to be called the Twality district, comprising all the country south

I The cause for this action was that it was ascertained that a single person could not be elected
Governor, as the Methodist Mission would present a candidate, the foreign population, consisting
of the Hud.son'8 Bay Company and their adherents, and the American citizens who did not affiliate
with either of the other two parties, and would endanger the whole scheme.

3 The proceedings are so long, I give material portion.

11 ;

lOO

brown's political history.

1843

l:'i

!ii

of the northern boundary line of the United States, west of the Willamette or
Multnomah river, north of the Yamhill river and east of the Pacific ocean.

Second district to be called the Yamhill district, embracing all the oountrj'
west of the Willamette or Multnomah river, and a supposed line running north
and south from said river, south of the Yamhill river to the parallel of 42°
north latitude, or the boundary line of the United States and California, and east
of the Pacific ocean.

Third district to be called the Clackamas district, comprehending all the terri-
tory not included in the other three districts.

Fourth district to be called the Chanipooick district, and bounded on the
north by a supposed line drawn from the mouth of the Anchiyoke river, rutining
due east to the Rocky mountains, west by Willamette or Multnomah river and a
supposed line running due south from said river to the parallel of 42° north lati-
tude, south by the boundary line of the United vStates and California, and east by
the summit of the Rocky mountains.

The legislative committee also recommend that the above districts be desig-
nated as Oregon territory.

Approved by the people, July 5, 1843.

Attest : G. W. LE BRETON,

Recorder.

Report of Legislative Committee on Ways and Means.
" The legislative committee report that a subscription paper, as follows, be put
in circulation to collect funds for defraying the expenses of the Government :

We, the subscribers, pledge ourselves to pay, annually, to the treasurer of
Oregon territory the sum affixed to our respective names, for the purpose of de-
fraying the expenses of the Government. Provided, that, in all cases, each indi-
vidual subscriber may, at any time, withdraw his name from said subscription,
upon paying up all arrearages and notifying the treasurer of the colony, of such
desire to withdraw.

Approved by the people, July 5, 1843.

Attest : G. W. LE BRETON,

Recorder.

Report of the Legislative Comtnittce upon the Judiciary.

The legislative committee recommend that the following laws (upon judiciary)
be adopted :

Section i. We, the people of Oregon territory, for the purpose of mutual
protection, and to securp peace and prosperity among ourselves, agree to adopt the
following laws and regulations, until such time as the United States of America
extend their jurisdiction over us.

Be it therefore enacted by the free citizens of Oregon territory, That the said
territory, for the purposes of temporary Government, be divided into not less than
three, Hor more than five districts, subject to be extended to a greater number
when an increase of population shall require it.

For the purpose of fixing the principles of civil and religious liberty, as the
basis of all laws and constitutions of Government that may hereafter be adopted.

Be it enacted, That the following articles be considered as articles of compact
among the free citizens of this territory :

1843

PROVISIONAL GOVERNMENT.

lOI

Article i. No person, denieaning himself in a peaceable and orderly man-
ner, shall ever be molested on account of his mode of worship or religious senti-
ment.

Art. 2. The iuh.Hbitauts of said territory shall always be entitled to the bene-
fits of the writ of fiahras corpus and trial by jury ; of a proportionate representa-
tion of the people in the legislature, and of judicial proceedings, according to the
course of common law. All persons shall be bailable, unless for capital offenses,
where the proof shall be evident or the presumption great. All fines shall be mod-
erate, and no cruel or unusual punishments inflicted. No man shall be deprived
of his liberty but by the- judj.',nu!nt of his peers or the law of the land; and should
the public exigencies make it necessary for the common preservation to take any
person's property, or to demand his particular services, full compensation shall be
made for the same. And, in the just preservation of rights and property, it is
understood and declared that no law ought ever to be made, or have force, in said
territory, that shall in any manner whatever interfere with, or affect private con-
tracts, or engagements, bona fide, and without fraud previously formed.

Art. 3. Religion, morality and knowledge being necessary to good govern-
ment, and the happiness of mankind, schools and the means of education shall
forever be encouraged.

The utmost good faith shall always be observed toward the Indians. Their
lands and property shall never be taken away from them without their consent ;
and, in their property, rights and liberty they shall never be invaded or disturbed,
unless in just and lawful wars, authorized by the representatives of the people;
but laws, rounded injustice and humanity, shall, from time to time, be made for
preventing injustice being done to them, and for preserving peace and friendship
with them.

Art. 4. There shall be neither slavery nor involuntary servitude in said ter-
ritory, otherwise than for the punishment of crimes whereof the party shall have
been duly convicted.

Sec. 2, Art. i. Be it enacted by the anthoiities aforesaid. That the oflBcers
elected on the 2d of May, shall continue in office until the second Tuesday in
May, 1844, and until others are elected and qualified.

Art. 2. Be it further enacted. That an election of civil and military officers
shall be held annually on the second Tuesday in May, in the several districts of
such places as shall be designated by law.

Art. 3. Each officer heretofore elected, or hereafter to be elected, shall,
before entering upon the duties of his office, take an oath or affirmation to sup-
port the laws of the territory, and faithfully to discharge the duties of his office.

Art. 4. Every free male descendant of a white man, an inhabitant of this
territory, of the age of twenty-one years and upwards, who shall have been an in-
; ibitant of this territory at the time of its organization, shall be entitled to vote
at the election of officers, civil and military, and be eligible to any office in the
territory ; provided, that all persons of the description entitled to vote by the pro-
visions of this section, who shall havecniigrated to this territory after organization,
shall be entitled to the rights of citizens after having resided six months in the
territory.

Art. 5. The executive power shall be vested in a committee of three persons,
elected by the qualified voters at the annual election, who shall have power to
grant pardons and reprieves for offenses against the laws of the territory ; to call

I02

brown's political, history.

1843

■1
i'.

iii

out the military force of the territory to repel invasion, or suppress insurrection ;
to take care that the laws are faithfully executed, and to recommend such la\vs as
they may consider necessary, to the representatives of the people, for their action.
Two members of the committee shall constitute a quorum to transact busine^..

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

Art. 7. The judicial power shall be vested in a supreme court, consisting
of a supreme judge and two justices of the peace ; a probnte court, and in
justices of the pea^e. The jurisdiction of the supreme court shall be both ap-
pellate and original ; that of the probate court and justices of the peace as limited
by law : Provided, That individual justices of the peace shall not have jurisdic-
tion of any matter of controversy, when the title or boundary of land may be in
dispute, or where the sum claimed exceeds $50.

Art. 8. There shall be a recorder elected by the qualified electors, at the
annual election, who shall keep a faithful record of the proceedings in the legis-
lative committee, supreme and probate courts; also record all boundaries of
land presented for that purpose, and all marks and brands used for marking live
stock ; procure and keep the standard weights a'nd measures required by law,
seal weights and measures, and keep a record of the same ; and also record wills
and deeds, and other instruments of writing, required by law to be recorded.
The recorder shall receive the following fees, viz: For recording wills, deeds,
and other instruments of writing, 12 cents for every 100 words, and the same
price for copies of the same ; for every weight or measure sealed, 25 cents; for
serving as clerk of the legislative committee, the same daily pay as the members
of the legislature ; and for all other services required of him by this act, the same
fees as are allowed for similar services by the laws of Iowa. '

Art. 9. There sliall be a treasurer elected by the qualified electors of the
territory, who shall, before entering upon the duties of his office, give bond to
the executive committee in the sum of $1,500, with two or more securities, to be
approved by the executive committee, conditional for the faithful discharge of
the duties of his office. The treasurer shall receive all moneys belonging to the
territory, that may be raised by contribution, or otherwise, and shall procure suit-
able books, in which he shall enter an account of his receipts and disbursements.

Art. 10. The treasurer shall in no case pay money out of the treasury, but
according to law, and shall annually report to the legislative committee a true ac-
count of his receipts and disbursements, with necessary vouchers for the same,
and shall deliver to his successor in office, all books, moneys, accounts, or other
property, belonging to the territory, as soon as his successsor shall become
qualified.

Art. II. The treasurer shall receive, for his services, the sum of 5 per cent,
of all moneys received and paid out, according to law, and 3 per cent, of all
moneys in the treasury when he goes out of office, and 2 per cent, upon the dis-
bursement of all money in the treasury when he comes into office.

Art. 12. The laws of Iowa territory shall be the law in this territory, in
civil, military, and criminal cases ; where not otherwise provided for, and where

'There was only one taw book at this time in Oregon, and that was a copy of the Statute
of Iowa.

tf ™ I

1843

PROVISIONAIv GOVERNMENT.

103

no statute of Iowa territory applies, the principles of common law and equity
shall govern.

Art. 13, The law of Iowa territory, regulating weights and measures, shall
be the law of this territory : Pyox'ided, That the supreme court shall perform the
duties of the county commissioners, and the recorder shall perform the duties of
the clerk of the county commissioners, as prescribed in said laws of Iowa :' And
provided. That sixty pounds, avoirdupois weight, shall be the standard weight of
a bushel of wheat, whether the same be more or less than 2,150 2-5 cubic inches.

Art. 14. The laws of Iowa territory, respecting wills and adnr listrations,
shall be the laws of this territory in all cases not otherwise provided for.

Art. 15. The law of Iowa respecting vagrants is hereby adopted, as far as
adapted to the circumstances of the citizens of Oregon.

Art. 16. The supreme court shall hold two sessions annually, upon the
third Tuesdays in April and September ; the first session to be held at Cham-
pooick, on the third Tuesday of September, 1843, and the second session at
Twality Plains, on the third Tuesday of April, 1844. At the session of the su-
preme court, the supreme judge shall preside, assisted by two justices; Provided,
That no justice shall assist in trying any case that has been brought before the
court by appeal from his judgment. The supreme court shall have original juris-
diction in cases of treason, felony, or breaches of the peace, and in civil cases,
where the sum claimed exceed $50.

Art. 17. All male persons, of the age of 16 years and upwards, and all
females, of the age of 14 and upwards, shall have a right of engaging in mar-
riage : Provided, That where either of the parties shall be under the age of 21,
the consent of the parents or guardians of such minors shall be necessary to the
validity of such matrimonial engagement. Every ordained minister of the gospel
of any religious denomination, the supreme judge, and all justices of the peace
are hereby authorized to solemnize marriages according to law, to have the same
recorded, and pay the recorder's fee. All marriages shall be recorded by the
territorial recorder, within one month from the time cf such marriage taking
place and being made to him officialh'. The legal fee for marriage shall be $l,
and for recording the same, 50 cents.

Art. 18. All offices subsequently made shall be filled by election and ballot
in the several districts, in the most central and convenient place in each district,
upon the day appointed by law, and under such regulations as the laws of Iowa
provide.

Art. 19. Resolved, That a committee of three be appointed to draw up a
digest of the doings of the people of this territory, with regard to an organiza-
tion, and transmit the same to the United States Government, for their informa-
tion.

Resolved, That the following portions of the laws of Iowa, as laid down in
the statute laws of the Territory of Iowa, enacted at the first session of the legis-
lative assembly of said territory, held at Burlington, 1 838-1 839 ; published by
authority ; certified to by William B. Conway, secretary of Iowa territory, be
adopted as the laws of this territory. ^
Approved by the people, July 5, 1843.

G. \V. LE BRETON,

Recorder.

I
' I.

! ,

I I copy this as I find it, but it is evident that this paragraph belongs to Art 16.
3 I omit the laws cited as at present immaterial.

Ill

104

brown's foliticai. history,

1843

Laiv of Land Claims.

Articmj I. Any person now holding, or hereafter wishing to establish, a
claim to land in this territory, shall designate the extent of his claim by natural
bovindaries, or by marks at the corners and on the lines of such claim, and have
the extent and boundaries of such claim recorded in the office of the territorial
recorder, in a book to be kept by him for that purpose, within twenty days from
the time of making said claim : Provided, that those who shcJl already be in pos-
session of land, shall be allowed one year from the passage of this act, to fde a
description of his claim at the recorder's office.

Art. 2. All claimants shall, within six months of the time of recording
their claims, make permanent improvements upon the same by building or enclos-
ing, and also becoming an occupant upon said claim within one year from the date
of such record.

Art. 3. No individual shall be allowed to hold a claim of more than one
square mile, or 640 acres in a square or oblong form, according to the natural situ-
ation of the premises; nor shall any individual be allowed to hold more than one
claim at the same time. Any person complying with the provisions of these ordi-
nances, shall be entitled to the same recourse against trespass as in other cases by
law provided.

Art. 4. No person shall be entitled to hold such a claim upon city or town
sites, extensive water privileges, or other situations necessary for the transaction
of mercantile or manufacturing operations, to the detriment of the community
Provided, that nothing in these laws shall be so construed as to effect any claim of
any mission of a religious character, made previous to this time, of an extent not
more than six miles square.

Approved by the people, July 5, 1843.

Attest: G. W. LE BRETON,

Recorder.

The following petition or memorial was drawn up and signed by a
large number of the then settlers, and I insert without comment, allow-
ing the reader to form his own opinion and history to render its verdict:

Petition of Citizens of Oregon in 1S43.

To the Honorable the Senate and House of Representative of the United States
of America in Congress assembled: We, the undersigned, settlers south of the
Columbia river, beg leave respectfully to present to your honorable body :

As has been before represented to your honorable body, we consider ourselves
citizens of the United States, and acknowledge the right of the United States to
extend its jurisdiction over us; and the object of the present memorial is to ask
that the protection of the United States may be extended to us as soon as possible.
Hitherto our numbers have been small, and the few difficulties that arose in the
settlement were speedilj and satisfactorily settled. But, as our own settlement in-
creases in numbers, so our difficulties increase in numbers and importance ; and,
unless we have laws to govern us that will be respected and obeyed, our situation
will be a deplorable one. Where the highest court of appeal is the rifle, safety
in life and property cannot be depended upon.

The state of the country, its climate, resources, soil, productions, etc., has al-
ready been laid before your honorable body, in Captain Wyeth's memoir, and in
former memorials from the inhabitants of this place.

1843

I'ROVISIONAU GOVKRNMENT.

105

'^'i

Laws are made to protect the weak against the mijihty, and we feel the neces-
sity of Iheni in the steps that are constantly taken by the Honorable Hudson's
Ray Company, in their opposition to the improvement and enterprise of American
citizens. V<m have been apprised already of their opposition to Captain Wyeth,
Honneville and others, anvl we find that the same spirit dwells with them at the
present day. Some years a,ro, when the Hud-ion's Hay Company owned all the
cattle in the country they would not sell on any conditions; but they would lend
their cows to the setUer — he returning to the company the cows loaned with all
the increase ; and iti case of the death of a cow. he then had the privilcj,'e of fay-
ing for it. Hut after the settlers, at great risk ami expense, went to California and
purchased for themselves, and there was a fair prospect of the settlement l)eing
eupplicd, then the Hudson's Ray Company were willing to sell, and at a lower
rate than the settlers could sell.

In the year 1.S42, feeling the necessity of having mills erected 'hat could sup-
ply the settlement with flour and lumber, a number of the inhabitants formed
themselves into a joint stock company, for the purpose of supplying the growing
wants of the communii.y. Many of the farmers were obliged to leave their farms
on the Wallamet, and go six miles above Vancouver, on the Columbia river, mak-
ing the whole distance about sixty miles, to get their wheat ground, at a great loss
of tiui and expense. The company was formed and proceeded to select a site.
They selected an island at the falls of the Wallamet, and concluded to commence
operations. After commencing they were informed by Dr. McLoughlin, who is
at the head of the Hudson's Bay Company's aflfairs west of the Rocky
mountains, that the land was his, and that he (although a chief factor of the Hud-
son's Hay Company) claimed all the land on the east side of the Wallamet, em-
bracing the falls down to the Clackamas river, a distance of about two miles. He
had no idea, wc presume, that the company would succeed. However, he erected
a shed on the island, after the stuff was on the island to build a house, and then
gave them permission to build under certain restrictions. They took the paper he
wrote them containing his conditions, but did not obligate themselves to comply
with the conditions, as they did not think his claim just or reasonable.

Many projects had been started by the inhabitants, but, for want of means and
encouragement, failed. This fate was predicted for the milling company. But,
after much labor and difficulty, they succeeded in getting a sawmill erected and
ready to run, and entered into a contract to have a grist-mill erected forthwith.
And now, as they have succeeded, where is the Hudson's Bay Compau}-? Dr.
Mclvoughlin employs hands to get out a frame for a saw-mill, and erect it at Wal-
lamet falls ; and we find, as soon as the frame is up, the gearing, which has been
made at Vancouver, is brought up in boats ; and that which cost a feeble company
of Americans months of toil and embarrassment, is acco: , ished by the chief factor
of the Hudson's Bay Company in a few weeks. He has men and means, and it is
said by him that in two weeks his mill will be sawing. And what will be the con-
sequence? Why, if the milling company sell for $15 per thousand, he can sell for
$12; if they reduce the price to |io he can come to |8 or $5, or $2 per thousand.
He says he will have a grist-mill started as soon as he gets the saw-mill in oper-
ation.

All the wheat in Oregon they are anxious to get, as they ship it to the Rus-
sians, on the northwest coast. In the first place they measured the wheat in a
half-bushel, called by them imperial measure, much larger than the standard
measure of the United States ; this not answering, they next proceed to kick the
half-bushel 7vith the foot to settle the wheat ; then they brought up a measure

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1843

larjjer than the former one ; and now they fill this measure, then strike it Mrr^
times with a stout club, and then fill up, and call it a fair measure. Against such
proceedings we need law that will he respected and obeyed.

Al)out twelve or fourteen years ago, the Hudson's Bay Company blasted a
canal a few feet to conduct water to a mill they were going to build, the timber
for which is now lying at the falls rotting. They, however, abandoned the thing
altogether, and built their mills on the Columbia, about six miles above Van-
couver, on the north side or the river.

In the year 1837, agreeable to orders left by Mr. Slacuni, a house was erected
at the falls, to secure the claim for him.

In 1840, the Methodist Mission erected buildings at the falls, and stationed
two families there, and jnade a claim to sufficient land for their buildings, not
interfering with any others who might wish to build. A short time previous to
this Dr. McLoughlin had a stone house erected for the com] ny, not occupied,
however, further than to store wheat and other articles in, ai is a trading house
during the salmon season.

After this, in 1H41, a shanty was erected, and a man kept at the falls, whose
business it was to trade with the Indians for furs and salmon, and to look out for
the doctor's claim, he said, and to forbid persons building at the falls, as some
had built, and others were about buildiT^g. This man was, and still is, a servant
of the Hudson's Hay Company.

During the years 1841 and 1842, several families settled at the falls, when Dr.
McLoughlin, who still resides at Fort Vancouver, comes on the ground and says
the land is his, and any person building without his permission is held as a tres-
passer. Without reference to any person's rights or claim, he emjjloyed a sur-
veyor to run out the plat ; and as a bill was before the Senate of the United vStates
to grant to every white male inhabitant a mile square, he has a mile run out to
suit his views, and lays out a town plat a*^ the falls, and calls it Oregon City.
Altnough some, for peace sake, asked him for the lots they had already in posses-
sion, and which he appeared very willing to grant, the doctor now felt secure,
and posted u] the annexed paper (marked A), which is the original ; and all who
had lots wer? I'equired to pay Mr. Hastings five dollars for a deed of laiid which
they knew y well the grantor did not own, but that Congress 'vill pass a
si)ecial act g. iting to each man his lot and improvements. Those chat applied
received (if °y had a house on the lot) a deed, a copy of which is annexed
(marked B); they had no house a bond was given for five dollars, a copy of
which is ant xed (marked C). To those that applied and paid five dollars all
was right wi' ^ the doctor ; while those who considered his title to the land not
good, and that therefore he had no . right to direct who should build and who
should not, had their lots sold to others. In one case the purchaser came to
the original claimant and ordered him to stop digging the. ground which he was
preparing for a garden, and commanded him to remove his fences, as he had Dr.
McLoughlin's bond in his pocket for the lots ; and if he did not remove the fence
he would take forcible possession. Those who desired to have no difficulty, and
did not apply for a deed, have lost their lots, the doctor's promise and all. And
Mr. Hastings (the doctor's agent) is now offering for sale the lots on which part
of the mission buildings stand ; and if he succeeds in finding a purchaser, they
must either contend or lose their buildings.

Dr. McLoughlin has held claims in other places south of the Columbia river ;
at the Tualatin Plains and Clackamas Plains he had huts erected, to prevent

1843

PROVISIONAL GOVKRNMENT.

107

others from biiildin); ; and such is the jiower of Dr. McLouj^hliii, that many per-
sons an- actually afraid to n.ake their situation known, thinking;, if he hears of
it, he will stop their supplies. Letters were received here from Messrs. I. add &
Co., of the Sandwich Islands, in answer to a letter written by the late Mr. I'lwin)^
Younj^, for a few siipplies, that orders were received forbidding the company's
vessels carrying any goods for the settlers of Oregon. Kvery means will be made
use of by them to break down everything that will draw trade to this country, or
enable persons to get goods at any other place than their store.

One other item, and we are done. When the United States Ciovcrnment ofh-
ccrs of distinction arrives, Vancouver is thrown open, and every facility afforded
them. They were even more condescending to the settlers during the time the ex-
ploring s(iuadrou was in the Columbia ; nothing w as left undone to give the olhcers a
high opinion of the Honorable Hudson's Bay C()mpany. Our Indian .\gent is en-
tirely dependent on ihem for supplies and funds to carry on his operations.

And now your memorialists pray your honorable body that immediate action
of Congress be taken in regard to this country, and good and wholesome laws l)e
enacted for our Territory, as may in your wisdom, be thought best for the good of
the American citizens residing here. And your memorialists will ever pray.

Robert .Shortess, A. E. Wilson, W. C. Reuiick, Jeffrey Brown, E. N. Coombs,
Reuben Lewis, Geo. Davis, V. Bennett, J. Rekener, T.J. Hubbard, Jas. A. O'Ncil,
J. Horregou, Wtn. McCarty, Chas. Compo, John Howard, R. Williai"s, G. Brown,
John Turner, Thco. Pancott, A. V. Waller, J. R. Robb, J. L. Morrison, M. Craw-
ford, John Anderson, Jas. M. Bates, L. H. Judson, Joel Turnham, Richard H. Kkin,
II. Campbell, Jas. Force, W. H. Willson, Felix Hathaway, J. Lawson, Thos. J.
Shadden, Joseph Gibbs, S. Lewis, Jr., Chas. Roy, Wm. Brown, A. Beers, J. L. Par-
rish, Wm. H. Gray, A. D. Smith, J. C. Bridges, Aaron Cook, A. Copeland, S. W.
Moss, Gustavus Hines, Gee. W. Le Breton, Daniel Girtmau, C. T. .\rrendrill,. A.
Towner, David Carter, J. J. Campbell, W. Johnson, John Edmunds, W. Hauxhurst,
W. A. PfiefFer, J. Ilolman, H. B. Brewer, Wm. C. Sutton, S. Davis, Joseph Yalter,
J. Ilopstater, J. W. Bellomy, W. Brown.

Notice is hereby given to all whom it may concern, that those who have ob-
tained grants of lots in Oregon City, will be expected to call upon L. W. Hastings,
my authorized agent at Oregon City, and obtain a bond for a deed or de^ds, as the
case may be. Those who hold claims to any lot, and who comply with the above
requisite, on or before the first day of February next, will be entitled to their lot
or lots ; otherwise, the lots upon which they hold a claim will thereafter be subject
to any disposition wliich the undersigned may think proper to make of them.

January 18, 1.S43. JOi.N McLC JGHLIN.

Oregon Cr.v, March 27, icr.T,.
We, the undersigned, do hereby certify that the above notice of John Mc-
Loughliu was posted up in the most public places in this town.

R. SHORTESS,
A. E. WILSON.

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brown's political history.

1843

Decd^ohn .^fcLoug/ilin to Walter Pomeroy.

Know all men by these presents, that I, John Mcl.ou . 'lin, of Fort Vancouver,
in the Territory of Oregon, for and in consideration of the sum of one dollar, to nie
in hand paid by Walter Ponieroy, of Oregon City, of the Territory aforesaid, the
receipt whereof is hereby acknowledged, have this day, and do, by these presents,
remit, release, and forever quit-claim unto the said Pomeroy, his heirs and assigns,
all and singular, the following piece, parcel, and lot of land, bounded, and de-
scritied as follows, to-wit : Commencing at the noriueast corner, running thence
southerly sixiy-six feet to a stake, thence easterly one hundred feet to a stake at
tli, place of beginning, being lot number foiir, in block number three, in the town
of Oreg m City, in the Territory of Oregon, which will more fully appear from a
reference to the map and plat of said town.

To have and to hold the same, together with all and singular the privileges
and appurtenances thereunto in any wise appertaining or belonging unto the said
Pomeroy, his heirs, executors, adiiiinistrators or assigns, forever. And I, the
said McI<ouglilin, for myself, do vouch and declare that I am the true and proper
claimant of and to the said premises and lot of land, and that I have in myself
full power, good right, and sufficient authority to remit, release, and quit my
claim in and to said lot and premises, in manner and form aforesaid.

And I, the said McLoughlin, do hereby covenant and agree to warrant and
defend the said premises, together with the privileges and appurtenances there-
unto appertaining or belonging, to the said Ponieroy, his heirs and assigns,
against all lawful claims of all persons whomsoever, the claims of the Govern-
ment only excepted.

In testimony whereof, I, the said McLoughlin, have hereunto set my hand
and aihxed my seal, this the 2d of March, A. D. 1843.

[L. S.] JOHN McLOUGHLIN.

Per L. W. Hastings, his agent.

We, the undersigned, do hereby acknowledge that the above is a true and
correct copy of the original.

R. SHORTESS.
A. E. WILSON

"C," is merely a bond for a deed drawn up in the usual law terms
and is quite long, and as the two above will plainly indicate that Dr.
McLoughlin considered that he had as clear a right to the land as could
be obtained at that time, and it was the sole cause undoubtedly of the
preceding memorial being drawn up, quite extensively signed and
sent to Washington. From the best information that I can obtain, it
seems that in 1839, Dr. McLoughlin bought out an American citizen
by the name of W. C. Rcmick, who located it as a land claim and had
a cooper shop near where the Imperial mill now stands. Iti 1840, Dr.
McLoughlin got out some timbers to build a mill, and loaned the tim-
ber to Rev. A. F. Waller of the M. E. Mission to build a house for (as
he understood it), church purposes. In 1843, Dr. McLoughlin

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1843

PROVISIONAL GOVERNMENT.

109

employed Wni. H. Gray to buiM him a house, and as soon as it was
finished ( 1844 ), he moved his family into it and remained thcrf^ per-
manently. Mr. Gray says :

" It was unfortunate that, at the time Dr. McLoughliu was making his claim
to ihe land and his improvements at Oregon City, it was not known that he had,
or would, sever his connection with the Hudson's Bay Company, and become an
American citizen, as he afterwards did. It was his connection with; and apparent
control over, the affairs of the company, that created the strong American preju-
dice against him, and deceived many as to his intentions, besides giving occasion
for a strong feeling in favor of Rev. Mr. Waller, who employed a Mr. John Ricord
to prepare a declaration setting forth his claim to that location. " — Gray's His. p. joo.

Mr. Ricord is.sued a lengthy declaration from which I make the
following liberal quotations :

To the People of Oregon, — Fellow-citizens : Having been retained profes-
sionally to establish the claim of Mr. Alvin F. Waller to the tract of land on the
east side of the Wallamet river, sometimes called the Wallamet Falls settlement,
and sometimes Oregon City, I consider it a duty to my client and to the public to
state, briefly and concisely, the several circumstances of his case, as they really
exist, in order that his motive may not be impugned, nor his intentions misunder-
stood and misrepresented."

" The public are already aware that my client commenced the occupancy of his
farm in the spring of 1840, when no one resided at the falls, and that, in the course
of that summer, he built his house, moved his family into it, and cleared and
fenced a good portion of the land ; from which, in the ensuing years, 1841 and 1842,
he raised successive crops of corn, potatoes and other vegetables usually cultivated
by farmers. That he remained thus occupying undisturbed, until the month of
December, 1842, about two years and six months, when Dr. John McLoughlin
caused his farm to be surveyed, for the purpose of selling it in subdivisions to
American citizens. It has since been currently reported and quite generally be-
lieved that my client had renounced his right in favor of Dr. McLoughlin. This
I am authorized to contradict, having perused the letter written by Mr. Waller,
whic!i hot only contains no renunciation, but, on the contrary, is replete with
modest and firm assertions of his rights in the premises ; offering at the same time
to relinquish his claim if ti.c doctor would comply with certain very reasonable and
just conditions. Upon this offer the parties had come to no final conclusion until
my arrival in the colony. Mr. Waller engaged me to submit the conditions a
second time to the doctor for his acceptance or rejection, which I did in the fol-
lowing words :

" I. That your pre-emptive line be so run as to exclude the island upon which
a private company of citizens have already erected a giist mill, conceding to them
as much water as may be necessary for the use of said mill."

" 2. That Mr. Waller be secured in the ultimate title to the two city lots now
in possession and other U)ts not exceeding in superficial area five acres, to be chosen
by him from amoug the unsold lots of your present survey."

"3. That the Rev. Mr. I^ee, on behalf of the Methodist Episcopal Mission, be
in like manner, secured in the lots claimed for the use of said mission. They con-
sist of church and parsonage lots."

" I received a letter from Dr. McLoughlin, dated Nov. 10, 1843, in answer to

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1843

Mil

mine, in which he declines complying with the above conditions, and thus puts an
end to the offer of my client to relinquish his rights of pre-emption. * * *

"The legality of .Mr. A. !•'. Waller's claim rests upon the following grounds :

" I. He is a citizen of the United States, of full age, and possessed of a familj-
when he came to reside on the premises ; 2, He built a house upon them and moved
his family into it, thus becoming in fact and in law a householder ; 3, He cleared,
fenced, and cultivated a portion of it during two years and six months before he
was disturbed in his actual settlement ; and 4, that he is not at this moment con-
tinuing to cultivate his farm is not his fault, since it was wrested from him."

" The illegality of Dr. McLoughlin's claim rests upon the following grounds :"

" I. He was a British subject owing allegiance to a foreign Power, and has so
continued to be ever since the spring of 1S40. For this reason alone he could not
acquire pre-emption to lands in the United States ; 2, He is a chief officer of a for-
eign corporative monopoly. I'^or this reason alone he could not acquire pre-emp-
tion to lands in the United States ; 3, He does not now, and never did, reside on
the land in question ; but, on the contrary, he resides, and has always continued
to reside, on the north bank of the Columbia river, the section of country actually in
dispute between the two Governments, about twenty miles from the land claimed by
Mr. Waller, and there he is obliged to remain so long as he continues to be Chief
Factor ; 4, He is not in fact the claimant. The Hudson's Bay Company, a foreign cor-
poration, is in fact the claimant, while Dr. Mcl.cughlin only lends his name ; well
knowing that a corporation, even though it be an .American one, can not acquire a pre-
emption. This is evinced by the employment of men to be his agents, and to sell lots
for him, who are at the same time partners in, and receiving dividends and sala-
ries from the company ; 5 The pretensions of Dr, McLoughlin's arose, if at all, two
years and six months after actual settlement of Mr. Waller ; therefore they are iu
direct violation of the treaty of 1827, converting the mutual and joint occupation
into an exclusive occupancy by British subjects ; 6, The treaty of joint occupation
( 1827) does not, and was never intended, on the part of the United States, to con-
fer any rights of citizenship upon foreigners. The power to confer such rights is,
by the Constitution, reserved to Congress. And the right to acquire title by pre-
emption is peculiar to citizens."

" These, fellow-citizens, are the facts and some of the points of law in my
client's case. Upon the same principle contended for by Dr. McLoughlin, any of
you may incur the risk of being ousted from your farms in this colony, by the next
rich foreigner who chooses to take a fancy so to do, unless in the first instance
you come unanimously forward and resist these usurpations." * * * << j
am of the opinion that Mr. Waller has rights in the premises which neither Dr.
McLoughlin, nor even Congress, by any retrospective legislation, can take away
from him." JOHN RICORD,

Counselor in the Supreme Court of the United States, and attorney for Alvin
F. Waller.

Dated Dec. 20, 1S43."

The animosity thus created against Dr, McLoughlin by the action
of Ricord and others, was kept up until the question was brought into
Congress by Delegate Thurston, and consummated by the celebrated
amendment to the eleventh section to the land law, which robbed the
good doctor of his land, and caused him infinite trouble until this great

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1843

PROVISIONAL GOVERNMENT.

I I I

wrong was finally rectified by the Oregon Legislature only a short time
before his death, through the exertion of Hon. L. F. Grover.

Rev. Mr. Waller, with whom I was personally acquainted for years,
was a good, kind hearted man. He intended to do right, but was a
zealot, strongly prejudiced against the Catholic church. He was
somewhat narrow in his religious views, but his surroundings were
largel}' responsible for that failing. His principal life work was the
building up of educational institutions in Oregon, and its result can
now be seen in the success of the Willamette University, to which he
contributed more than any other man. He was not fully appreciated
until after his death.

Dr. White sent the following report of his operations in Oregon to
the Commissioner of Indian Affairs :

Dr. Elijah White's report.

Oregon, April i, 1S43.

Sir: — On my arrival, had the honor and happiness of addressing you a brief
communicatiou, giving information of my safe arrival, and that of our numerous
party to these distmt shores.

At that time it was confidently expected tha* more direct, certain, and expe-
ditious method would be presented to address yo^ in a few weeks ; but that failing,
none has offered till now.

I think I mentioned the kind and hospitable manner we were received and en-
tertained on the way by the gentlemen of the Hudson's Bay Company, and the
cordial and most handsome reception I met with at Fort Vancouver from (Governor
Mclvoughlin and his worthy associate. Chief Factor James Douglas, Esq.; my ap-
pointment giving pleasure rather than pain — a satisfactory assurance that these
worthy gentlemen intend eventually to settle this country, and prefer American
to English jurisdiction.

On my arrival in the colony sixty miles south of Vancouver, being in advance
of the party, and coming unexpectedly to the citizens, bearing the intelligence of
the arrival of so large a re-enforcement and giving assurance of the good intentions
of our Government, the excitement was general, and two days after we had the
largest and happiest public meeting ever convened in this infant colony.

I found the colony in peace and health, and rapidly increasing in numbers,
having more than doubled in population during the last two years. English,
French, and half-breeds, seem equally with our people, attached to the American
cause ; hence the bill of Mr. Linn, proffering a section of land to every white man
of the territory, has the double advantage of being popular and useful, increasing
sucb attachment, and manifestly acting as a strong incentive to all, of whatever
nation or party to settle this country.

My arrival was in good time, and probably saved much evil. I had but a short
season of rest after so long, tedious, ^ud toilsome a journey, before information
reached me of the very improper conduct of the upper country Indians toward the
missionaries sent by the American Board of Commissioners, accompanied with a
passport, and a desire for my interposition in their behalf at once.

I 12

BKOWN S POLITICAL HISTORY,

I«43

I allude to the only three tribes from which much is to be hoped, or anything
to be feared in this part of Oregon. These are the Walla Walla's, Cayuses, and
Ncz Perces, inhabiting a district of country on the Columbia and its tril)iitaries,
commencing 240 miles from its mouth, and stretching 480 miles into tlie interior.
The Walla Walla's most contiguous to the colony, number some 3,000, including
the entire population. They are in general poor, indolent and sordid, but avari-
cious ; and what few have propert}', in horses and herds, are proud, haughty, and
insolent. The Cayuses next easterly, are less numerous, but more formidable,
being brave, active, tempestuous and warlike. Their country is well watered, gently
undulating, extremely healthy, and admirably adapted to grazing as Dr. Marcus
Whitman, who resides in their midst, may have informed you. They are compar-
atively rich in herds, independent in manner, and not unfrequently boisterous,
saucy, and troublesome in language and behavior. The Nez Perces, still further
in the interior, number something less than 3,000 ; they inhabit a beautiful grazing
district not surpassed by any I have seen for verdure, water privileges, climate or
health. The tribe forms to some extent, an honorable exception to the general In-
dian character, being more noble, industrious, sensible and better disposed toward
the whites and their improvements in the arts and sciences ; and though as brave
as Ciesar, the whites have nothing to dread at their hands, in case of their dealing
out to them what they conceive to be right and equitable. Of late these three tribes
have become strongly united by reason of much intermarriage. For the last
twenty years they have been generally well disposed toward the whites, but at the
time Captain Bonneville visited this district of country, he dealt more profusely in
presents and paid a higher price for furs than Mr. Pambrun, one of the traders of
the Hudson's Bay Company, established at Walla Walla, who had dealt long with
them and was previously a general favorite.

On Captain Bonneville's leaving, the chiefs assembled at the fort and insisted
on a change of tariff in their favor. Pambrun refusing, they seized him stamped
violently upon his breast, beat him severely and retained him as prisoner in rather
unenviable circumstances till they gained to a considerable extent their object.
Since that time they have been more consequential in feeling, and show less defer-
ence and respect to the whites. On the arrival of missionaries among them, they
have never failed to make at first, a most favorable impression, which has in most
instances, unfortunately, led to too near an approach to familiarity, operating alike
prejudicial to both parties. The Rev. Messrs. Lee and Parker, who made each but
a short stay among them, left with like favorable impression.

Their successors, Spalding, Whitman, Gray and ladies, with others who re-
mained among them, were at last driven to the conclusion that Indians as much
resembled each other in character as complexion. These worthy people, not well
versed in Indian character, anxious to accomplish a great deal in a short time, re-
sorted to various expedients to induce them to leave off their wandering migratory
habits, and settle down contiguous to them in herding and agricultural pursuits,
so as to be able to send their numerous and healthy children to school. In these
efforts they were zealous and persevering, holding out various inducements as so
many stimulants to action, most of which would have operated in civilized life,
but generally failed with these Indians ; and whatever was promised conditionally,
whether the condition was met or otherwise, there was no reprieve — the promised
article must come ; and sometimes, under circumstances sufficiently trying, had
these missionaries been less devoted, they would have driven them from their post
forever.

i«43

PROVISIONAL GOVERNMKNT.

113

The Indians having gained one and another victory, became more and more
insolent, till at last, sometime previous to my arrival, they were not only obtrusive
and exceedingly annoying about and in the missionaries' houses, but seized one of
the clergymen in his own house, without a shadow of provocation, further than
that of treating a better neighboring chief with more respect than they, and insult-
ing him most shamefully, there being no other white person within fifty miles,
save his sick and delicate lady. Soon after, they commenced on Dr. Whitman,
pulling his ears and hair, and threw off his hat three times in the nmd at his feet.
A short time after, the chiefs assembled, broke into the house, violentlj- assailed
his person with war clubs, and, with an ax broke down the door leading to his
own private apartments. It is generally thought and possibly with truth, that on
this occasion, Dr. Whitman would have been killed, had not a party of white men
arrived in sight just at this moment. Never was such an outrage and insult more
undeserved. He had built for the express purposes of Indian accommodation, a
house of the same materials and finished in like manner with his own, of respect-
able size and joined to his, and at al) times, night and day accessible. In addition
to this, they were admitted to every room in his house but one ; this being closed,
had nearly cost him his life.

He had hardly left for the .States last fall, when, shocking to relate, at the
hour of midnight, a large Indian chief manai^ed to get into the house, came to the
door of Mrs. Whitman's bed chamV)er and had succeeded in getting it partially
opened before she reached it, A white man sleeping in an adjoining apartment,
saved her from violence and ruin. The villain escaped. There was but one thing
wrong in this matter on the part of Dr. Whitman, and that was a great error, —
leaving his excellent lady unprotected in the midst of savages, A few days after
this they burned :lown the mission mill on his premises with all its aj^pcndages
and considerable grain, damaging them not less than twelve or fifteen hundred
dollars. About the same time, Mrs. Spalding was grossly insulted in her own
house, and ordered out of it in the absence of her husband. Information reached
him of an Indian having stolen his horse near the same time, he hastened to the
spot to secure the animal ; the rogue had crossed the river, but immediately re-
turning, he presented his loaded gun, cocked, at the breast of Mr. Spalding and
abused and menaced as far as possible without shooting him.

In addition to this, some of our party were robbed openly of considerable prop-
erty, and some twelve horses stolen by night. All this information coming near
the same time, was embarrassing, especially as my instructions would not allow
me to exceed for office, interpreter and every purpose, |i,25o per annum. On the
other hand, their passport, signevl by the Secretary of War, made it my imperative
duty to protect them, in their persons at least, from outrage. I did not long hesi-
tate, but called upon Thomas McKay, long in the employment of the Hudson's
Bay Company as explorer and leader of parties, who, from his frank, generous dis-
position, together with his universal success in Indian warefare, had obtained an
extensive influence among the aborig lies of the country, and placing the facts be-
fore him, he at once consented to accompany me to the scene of discord and con-
tention. We took but six men with us, armed in the best manner, a suflicient
number to command respect and secure the object of our undertaking, — McKay
assuring me, from his familiar acquaintance with these Indians, and their thorough
knowledge of the use of arms, that if hostile intentions were entertained, it would
require a larger party than we could raise in this country to subdue them.

Obtaining Cornelius Rogers as interpreter, we set out on the 15th of November
<jn our voyage of misery ( as McKay justly denominated it), having a journey, by

114

BROWN S POLITICAL HISTORY

1843

nil

water and land, of not less than 950 miles, principally over open plains, covered
with snow, and several times under the necessity of spending the night without
wood or fire, other than what was made by a small growth of wild sage, hardly suf-
ficient to boil the tea kettle. The gentlemen, as we called at Vancouver, did
everything in their power to nipke the journey comfortable, but evidently felt anx-
ious concerning our safety. We reached The Dalles, souk. 220 miles from the Pa-
cific, on the 24th, having been detained by wind, spent several days with the
Methodist Mission families, who welcomed us joyfully, and made our stay agree-
able and refreshing. * * * We procured horses and traveled by land to
Walla Walla, 140 miles above, reaching the Hudson's Bay Company establishment
on the 30th. Mr. McKinley, the gentleman in charge, to whom the missionaries
are indebted to many kind offices in this isolated portion of the earth, resolved to
make it a common cause, and stand or fall with us. We reached Wailatpu, the
station of Dr. Whitman, the day following, were shoe-' -^d and pained at beholding
the sad work of savage destruction upon this hitherto neat and commodious little
establishment. ' The Indians in the vicinity were few and shy. I thought it best
to treat them with reserve, but made an appointment to meet the chiefs and tribe
on my return. Left the day following for the station of Mr. Spalding among the
Nez Perces, some iSo miles away ; reached it on the 3d of December, after a rather
pleasant journey over a most verdant and delightful grazing district, well watered,
but badly timbered. Having sent a private dispatch in advance, they had con-
veyed the intelligence to the Indians, many of whom were collected. The chiefs
met us with civility, gravity, and dignified rc^'rve, but the missionaries with joy-
ful countenances and glad hearts.

.Seldom was a visit of an Indian agent more desired, nor could one be more
necessary and proper. As they were collecting, through my able interpreter and
INIcKav, I managed to secure confidence and prepare the way to a good understand-
ing ; visited and prescribed for their sick, made a short call at each of the chief's
lodges, si)cnt a season in school, hearing them read, spell and sing; at the same
time examined their printing and writing, and can hardly avoid here saying I was
happily surprised and greatly interested at seeing such numbers so far advanced
and so eagerly pursuing after knowledge. The next day I visited their little planta-
tions rude, to be sure, but successfully carried on, so far as raising the necessaries,
of life were concerned ; and it was most gratifying to witness their fondness. and
care for their little herds, pigs, poultry, etc.

The hour arriving for the public interview, I was ushered into the presence
of the assembled chiefs, to the number of twenty-two, with some lesser dignitaries,
and a large number of the common people. The gravity, fixed attention, and
decorum of these sons of the forest was calculated to make for them a most favor-
able impression. I stated explicity, but briefiy as possible, the design of our
great chief in sending me to this country, and the present object of my visit ;
assured them of the kind intentions of our Government, and of the sad conse-
quences that would ensue to any white man, from this time who should invade
their rights, by stealing, murder, selling them damaged for good articles, or
alcohol, of which they are not fond. Without threatening, I gave them to under-
stand how highly Mr, and Mrs. Spalding were prized by the numerous whites, and
with what pleasure the great chief gave them a paper to encourage them to come

I Dr. Whitman at this time was on his way to the States across the mountains, and Mrs.
Whitman staying at The Dalles.

www

1843

PROVISIONAL GOVERNMENT.

115

here to teach them what they were now so diligently employed in obtaining, in
order that they and their children might become wise, good and happy.

After me, Mr. McKinley, the gentleman in charge of the Hud.son's Bay
establishment at Walla Walla, spoke concisely, but very properly ; ailuded to his
residence of some year-^ .iml the good understanding that had generally existed
between them, and of the happiness he felt that one of his brothers had come to
stand and judge impartially between him, them, and whiles and Indians in gen-
eral ; declared openly and frankly that Bostons, King George and French were all
of one heart in this matter, as they, the Cayuses and Walla Wallas should be,
flattered them delicately in view of their (to him) unexpected ad\anccment in the
arts and sciences, and resumed his seat, having made a most favorable impression.

Messrs. Rogers and McKay then spoke in about the same strain as Dr.
White and Mr. McKinley, which was replied to by Five Crows, who was quite
wealthy, who stated that they wished to live in peace and amity. Bloody Chief
then arose (not being less than 90 years old) and stated that he was a chief when
Lewis and Clarke went through the country on their exploring trip, and that he
had always had a good heart. After three hours thus sjjeiit the doctor submitted
a code of laws that were adopted and then the council broke up with good feeling
all around.

After a severe journey of some four days, through the inclemency of the
weather, we reached Wailatpu, Dr. Whitmans station," says Dr. AVhite, and it
seems that he had some trouble in getting the Indians to meet him in council, but
succeeded and ultimatel}' left Ihcm a code of laws. The rest of the report is taken
up in generalities that are of no special interest except the two following para-
graphs :

No intelligence from abroad has reached us this winter. IMount .St. Helens,
one of those snow-capped volcanic mountains, some 16,000 feet above the level of
the sea, and eighty miles northwest of Vancouver, broke out upon the 20th of
November last (1842'), ])resLnting a scene the most awful and sublime imaginable,
scattering smoke and ashes several hundred miles distant.

A petition started from this country to-day, making bitter complaints against
the Hudson's Bay Cou'pany and Governor ]McLuughlin. On reference to it (a copy
was denied), I shall otdj- say, had any gentleman disconnected with the Hudson's
Bay Company been at halt the pains and expense to establish a claim on the Wal-
lamet Falls, very few woidd have raised an opposition. His half-bushel measure I
know to be exact, according to the English imperial standard. The gentlemen of
this company have been fathers and fosterers of the colony, ever encouraging
peace, industry and good order, and have sustained a character for hospitality and
integrity too well established to be very well .shaken.

I am, sir, your humble and obedient servant,

ELIJAH WHITE,
T. HARTI.RY Crawford, Sub-Agent Indian Affairs, IV. A'. M.

Commissioner Indian Affairs.

The .statement in the above that " the gentlemen of this company
have been fathers and fosterers of the colony," is drawing the com-
parison rather strong. Aside from Dr. McL,oughlin, who at this time
had severed his connection with that company, the officers did not
evince even a step-father's paternal care. "During the early fall a

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Clackamas Indian named Cockstock, who seems to have been a rene-
gade in his tribe, having become involved in a difficnlty with the
whites, rode a few days later into Oregon City, accompanied by five
others, armed and painted, and made hostile demonstrations. They
finally crossed the river and attei.ipted to incite the Indians of the vil-
lage to come over and institute a general massacre. Not succeeding
in this, Cockstock and his immediate followers recrossed the stream
and was met at the landing by a numbc of whites who intended to
capture him alive. Firing soon commenced, and Mr. George W. Le
Breton attempted to seize Cockstock but received a heavy discharge- in
the palm of his right hand, a ball in his elbow and another in his arm
two inches above the elbow joint. A scuffle ensued, in which he fell
to the ground with the Indian, crying out instantly, ' He is killing me
with his knife.' At this moment a mulatto named Winslow Armstrong
rushed to the spot and dispatched Cockstock, by smashing his skull
with the barrel of his rifle. In the meantime the other Indians, yell-
ing fearfully, were firing amon<^ the whites with guns, pistols and
poisoned arrows, and many colonists narrovvh' escaped. Two men
who were quietly at work near by, were wounded with arrows (Mr.
Wilson slightly in the hip, and Mr. Rogers in the nutscles of the arm),
but neither, it was supposed, dangerousl3\ The five Indians retired to
the bluff, lodged themselves among the rocks and commenced firing
indiscriminately. They were dislodged after one of them had been
wounded and ahorse killed. The surgeon being absent from town, Mr.
Le Breton was immediately removed to Vancouver, where he received
every attention ; but as the canoe was ten hours on the passage, the
poison diffused itself through his system, and death ensued in less than
three days. Mr, Rogers, though but slightly wounded in the arm,
lived only one day longer. Mr. Wilson has suffered comparatively
little, althoughnot considered in a safe condition.'"

The death of Mr. Le Breton was a heavy blow to the Provisional
Government. He came to the country with Captain J. H. Couch, and
was a young man of education and ability.

The emigration this year was large, consisting of from 800 to 1200
souls, including a number of men who were destined to play very im-
portant parts in the moulding and maintaining of American supre-
macy, and the establishing of Provisional, Territorial and State Gov-
ernments. Among them was Jas. W. Nesmith, Jesse Applegate,
Daniel Waldo, H. A. J. Lee, Dr. John E. Long, John Minto, A. L.

I Gray's History, p. 251.

1843

PROVISIONAL GOVERNMENT.

117

Lovejoy, Peter H. Burnett, John G. Campbell, J. M. Garrison, J. J.
Hembre, Thos. I). Kaiser, Wni. J. Martin, M. M. McCarver, J. B.
McClane, Fredrick Prig^, P. G. Stewart, John M. Shively, Hiram
Straight, and others who probably should be mentioned.

I will now quote from a document that was found among Dr.
McLoughlin's papers after his death, and published by the Oregon
Pioneer Association in iS.So, that was verified long previous to his
death, especially the first paragraph :

In 1843, about >S(k) iminif,'raiits arrived from the States. I saw by the looks
of the Indians that they were excited, and I watched thcni. As the first stragglers
were arriving at Vancouver in canoes, I was standing on the bank ; nearer the
water there was a group of ten or twelve Indians. One of them bawled out to his
companions, "It is good for us to kill these Bostons." vStruck with the excite-
ment I had seen in the countenances of the Indians since they had heard the report
of the immigration coming, I felt certain that they were inclined for mischief, and
that he spoke thus loud as a tecler to sound me, and take their measures accord-
ing!_.. I immediately rushed on them with my cane, calling out at the same time,
" Who is the dog that says it is a good thing to kill the Bostr j,V' The fellow,
trembling, excused himself, "I spoke without meaning harm, but The Dalles
Indians say so." " Well," said I, " The Dalles Indians are dogs for saying so, and
you also," and left him, as, if I had remained longer it would have had a bad
effect. I had done enough to convince them I would not allow them to do wrong
to the immigrants with impunity. I'rom this Indian saying, in the way he did.
that The Dalles Indians sai<l it was good to kill the Bostons, I felt it my duty to do
all I could to avert so horrid a deed.

Mr. P. L. Edwards, whom I mentioned came in 1S34, with ]\Ir. Lee, and left
in 1S38, sent me a letter by General McCarver, stating he had given a letter of
introduction to me to P. II. Burnett, P'sq. I immediately formed my plan and
kept my knowledge of the horrid design of the Indians secret, as I felt certain
that if the .Americans knew it, these men acting independent of each other, would
be at once for fighting, which would lead to their total destruction, and I sent two
(2) boats with provisions to meet them ; sent provisions to Mr. Burnett, and a large
quantity of provisions for sale to those who would purchase, and to be given to
those who had not the means, being confident that the fright I had given (as I already
stated) the Indians who said it was a good thing to kill the Bostons was known at
The Dalles before our boats were there, and that with the presence of the Hudson
Bay Company people, and the assistance they afforded the immigrants, would deter
the Indians from doing them any wrong, and I am happy to be able to say that I
entirely succeeded. At first I thought these Indians were excited by some of the
Iroquois Indians in the Hudson's Bay Company's service, and tried to find if so,
but found nothing to enlighten me on the subject.

About a month after Dr. Whitman came from his mission at Walla Walla to Van-
couver, as The Dalles was on his way, and as he had s-een the principal men there,
it occurred to me that he might have heard of it, and told him what I heard the Indian
say, and how I had alarmed him, what I had done to deter them, and my suspicion
that all this sprung from some of our rascally Iroejuois, and that I was anxious to
find that rascal out to punish him as an exauiple to deter others. "Oh," says the
doctor, "I know all about it." " You do, doctor," said I. " Ves," said the doctor,

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"I have known it for two years." "Von have known it for two years and you
told nic nothinj;^ ! Pray tell me his name." The (h)ct<)r, seeing I was on the wrong
scent, said : " His name is Thomas Hill." After thinkini^ for some lime, I replied
that the Hudson's Ray Company had no man of that name in their service. Oh,'
says the doctor, "Tom Hill, the Shawnee." This Indian, it is said, had been edu-
cated at Dartmouth coUej^'e in the St ites, had tolil the Indians tliat a few .\meri-
cans had come to settle on their lands ; that the Shawnees allowed them, hut
■when the Americans were stroni.,' cnouj^h Ihey drove tlie Shawnees off and now
the Shavviiees have no lands, an<l iir^jed the Indians toallow no .-Xmericans to settle
on their lands, which advice the Indians about Walhi Walla say the Cayuses are
following to this day, and the In<lians were inclined to follow by killing the immi-
grants who Prst came, and which, I bcliLVc, 'hey would have done but for the
decided and cautions manner that I acted. And the reason lie Indian made use
of the expression he did, was because I ])unished Ihe murderers of the .Smith
party, and hi fore acting Ihey wanted to know how I would treat them, and most
certainly if I had not been mo.st anxious for the safety of the immigrants and to
discharge to them the duties of a Christian, my ear would not have caught so
quickly the words, ' it is a good thing to kill these Bostons, 'and acted as I did.
In fact, if the immigrants had all been brothers and sisters, I could not have done
more for them. I fed the hungry, caused the sick to be lemled to and nursed,
furnished them assistance as long as they rccjuircd it, and which some have not
paid to this day, though abundantly able, and for which, if tl.'cy do not Jiay, I am
answerable to the Hudson's Hay Company. It may be s.iid, and has been said,
that I was too liberal in making these advances. It was not so but was done
judiciously and prudently.

The following article from the Edinburfi' Review, 1843, i,s often

quoted from, but as it has not been published in full for several years,

and will undoubtedly prove of interest and at the same time show the

object of Great Britain, and the ignr)rance dis])layed in regard to Atuer-

ican snap and energy in crossing the plains with wagons, a feat which

was actually being performed at the moiuent the article was being

written :

Orkgon. — This is the last co.ner 011 earlli left free for the occupation of a
civilized race. When Oregon sh ill be coloui/.ed, the map ot" the world may be
considered as filled up. The romantic days in which every new adventurer saw in
the first green shore.s which greeted him the nurscrv of some new empire to be called
by his name, are gone forever. The world has grown old in the last two hundred
years more rapidly than in the precedeing two thousand. Our further coiujuests
must be over the other elements. Ivarth has little more surface left to dis])ose of.
Of Australia we know neatly all that will ever be worth knowing, and, although
there is room there for a great multiplication of inhabit'Uits, there arc no new spots
of value for the foundation of fresh colouie-;. Of the beautiful islands of the Pa-
cific, the loveliest and the largest are already appioprialcd. Asia belongs to an-
other race. The vast and teeming solitufles of South America afford room for
empire ; but their air breathes death to the uorlherii colonist. The only region of
any extent, of temperate climate and agricultural capaliility, which still invites
swarms from old hives of mankind, is that which stretches along the west coast of
America, between the extreme settlements of the Mexicans and those of the Rus-
sians. I'ormerly, this coast was nearly inaccessible ; lying to the windward of the

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119

steady easterly currents of air, it was difficult and uncertain approach ; and the
seas which washed it were unknown to commerce. Now, steam will render it ap-
proachable at every season, and from every quarter. The mouth of the Colund)ia
lies but eif<ht or ten days sail from the Sfindwich Islands, now as well known as the
Azores, and as much visited by ICuropean and American vessels. This country
once settled, will command the Pacific. It will comnmnicate directly with New
Zealand, .Vustralia, and China ; and should the transit across the Isthnms of Darieii
be effected, it will be within forty or fifty days' voyage from the shores of Britain.

Generally sjieakini.;, Oregon cinsists of mountains. The Columbia river its chief
geographical feature, in falling from the Rocky mountains to the sea, cuts trans-
versely three or four distinct mountain ridges, running north and south ; one of
them, which the Americans call the Tresident's range, of very great height, attain-
ing the elevation of i,s,cxx) t)r i6,uoo feet in single peaks, some of which frown al-
most immediately over its waters.

North of the Columbia, the country is in general a labyrinth of nu>untain
ranges, but interspLMsed with heavy timber ; the climate mild for the latitude, but
moist aiul tempestuous.

South of the Columbia, the character of the country completely changes, and,
a.-; we have said, very suddenly. Tlie forests gives jjlace t(j an open undulating
country, still clad with magnificent trees on the nu)untain ridges. In the interior
the plains are perfectly arid, the soil volcanic, and buffalo's dung supplies the
place of fuel. P.ut the trad intervening between the ivcstcnnost of the parallel
ranges of mountains and the Pacific ocean, enjoss more moisture than the rest,
and produces trees of a size hardly equalled within the tropics.

Such is Oregon — a land of magnificent scenery, and a healthful climate ; of
limited agricultural capabilities with a large proportion of unproductive soil, but
fertile ground enough to form the home of a new tialion ; poor in harbors, and de-
ficient in navigat)le rivers, but yet by no means inaccessible, and possessing an
adiTiirable geographical situation for commercial purposes. The tribes of Indians
which wander o\er its surface are few in number, chiefly subsisting by sf.lmon
fishing and on roots, and very inferior physical power and ferocious energy to their
brethren of the prairies. But, for this very leason, they offer the less obstruction
to the operations of the colonists ; and, it must be ai'uled, that their sim])le inoffen-
sive habits of life are found to be accompanied in many cases with a moral eleva-
tion which ranks the nr in the scale of humanity far above most savages, and forms
but too striking a ct)nt'-"-* to the morals and habits of the wandering whites and
half breeds who visit them from the cast. No race of men appears to live in so
much consciousness of the immediate jiresence of the invisible world. "Simply
to call these people religious," says Irving, in the character of Captain Bonneville,
speaking of some tribes west of the Rocky mountains, " would convey but a faint
idea of the deep hue of piety and devotion which pervades the whole of their con-
duct. They are more like a nation of saints than a herd of savages." Among
such people as the.se, the exertions of a few missionaries have met with rather
more than usual success, but extermination treads rapidly on their heels.

At present the only fixed inhabitants of this vast wilderness nmy be said to be
the people of the Hudson's Bay Company at P'ort Vancouver, and a few hundred
English and Americans; chiefly men tired of the wandering life of the deserts,
who have established themselves as agricultural settlers in the valley of the Wal-
lamette, tiear the mouth of the Columbia. They have at present no Government,
being recognized subjects of neither Great Britain nor the United States, but are

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120

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1843

demaiuliiiK loudly to he included within the houndaries of the great repuhlic.
They are at this tnoinciit partially undi-r the control of a power not very responsible
to either state, hut of which all the instincts and habits arc thoroughly Hritish and
anti-American — the Hudson's 'lay Company.

Few among us are aware of the extraordinary resources and wide-spreading
plans of this remarkable society, which has exercised in its barren domains a
steady, enterprising policy not inferior to that of the Kast India Company itself;
and now occupies and controls more than one-ninth of the soil of the globe. The
great business of this company is the fur trade, of which it is now nearly the sole
monojjolist throughout nearly all the choicest fur bearing regions of North Amer-
ica, wilh the exception of the portion occupied by the Russians. The bulk of
its empire is secured to it by charter ; t)ut it is in possession of Oregon as debat-
able land, under stipulation between Britain and the United States. The stock-
holders arc British, the management of its affairs in America is carried on by
"partners," so-called, but in point of fact, agents paid by a proportion of the net
income of the company. These are scattered in various posts over the whole ter-
ritory between Hudson's Bay and the Pacific. The (ioveriior-General resides in
York Factory on the former. They are chiefly Scotchmen, and a greater propor-
tion of shrewdness, daring and commercial activity, is probably not to be found in
the same number of heads in the world. Before 1820, this body carried on a fierce
contest with the Northwest Company, attended with hideous battles of Indians
and half breeds, in the burning and sacking of each other's posts. In 1821, the
two com]5anies were consolidated, since which time they ha\ehad no British rival,
and have exerted all their policy to repress interference on the part of the Ameri-
cans. In this they seem to have thoroughly succeeded. The attempts of the Ameri-
cans to establish a fur trade of their own, one by one have ended in disappoint-
ment. Their own trai)pcrs and hunters prefer the markets of the company. Its
agents seek out the Americans — so at least they complain — outbid them and
imdersell them in every point to which they can penetrate. The Pacific I'ur Com-
pany, the scheme of John Jacob Astor, commemorated by Washington Irving,
those of Captain Wyeth, and mony 1 .t, ler American adventurers, have failed against
the strength and persevercnce of the old monopoly. Its traders supjily the de-
mand, such as it is, both of Ind'.'r-.iu and white hunters for European goods, over
all the Northwest.

We have purposely abstained from all discussion of the question now pending
between Great Britain and America as to the sovereignty of Oregon. We have
been anxious on the present occasion, only to point out the existence and the
capabilities of this region — the remotest nook of the world, and the last vacant
space, as we hcive said, for the plantation of a new people. The land which is to
command the iSorth Pacific, and give the law to its myriad islands, cannot long
remain unoccupiv^d. It calls loudly on tliose who have foresight, on those who can
estimate the futuie, to forecast its destiny. The Americans never show themselves
deficient in this branch of political wisdom. They are familiar with what we can
scarcely realize — t'le rapid march of time in the western world. Almost before we
have satisfied ourst-lves with the mere contemplation of a newly discovered portion
of the wilderness— before its lines were mapped out, and the names of its natural
features becomes lamiliar to our ears — the wilderness is gone, the mountains
stripped of their forests, the rivers alive with navigation. The far west will change
rapidly as the east has done. In the words of Washington Irving, "The fur bear-
ing animals extinct, a complete change will come over the scene ; the gay fur
trapper and his steed, decked out in wild array, and titikling with bells and trink-

1843

ery ; the sa\
winding thr(
ing im its tr
of danger, t
cliffs— all th
then exist b

Surely i
earth, /(> not

WK M.W

tween Kiigl:
jiou 7vill tiei
pointing out
haps at tcdio
va.'.l space w
cm most lim
Columbia
uess of snov
hopeless stci
bitter shrub'
traversed by
more than S
or conciliate
panics the ra
irresistible t(
uttermost liu
regions he 111
not but iina
luagous )iiaki
meantime, tl
the old world
will be easiei
have made it
gon, its peop
tion in earne
tion the able
which their (

French
view. Let u
us ; from nu
indolence,
onies enougl
over the eart
one thing or
attained dep
markets, the
emigration i
send. But t
merely as th
people. Wl
but to found
onv founded

1843

rROVISTONAI. GOVERNMKNT.

i.n

ery ; the savage warchief, plumed, and ever on the prowl ; and traders' cavalcade,
winding; thiouj^h dtfdfs and over naked plains, 'vith the stealthy war party lurk
ing on its tnil ; tlie InifTalo chase, the huntinj,'CFtnp, the mad carouse in the miilst
of daiif^er, the nij^hl attack, the scamper, the fierce skirmish iunoiig rocks and
clifFs — all this romance of savaj^e life, which >et exists amonj,' the mountains, will
then exist but in frontier story, and seem like the fictions of chivalry «)r fairy talc."

Siite/y it tvell hrfuwzm us, who have an intrtesl in every new corner of the
earlh, /(> no/e /he sij^ns of ihese ehani^es, \si) T\RS TimM To oik I'Koirr whin
WK MAY. And one thing strikes us forcibly, lujwever the political question l.e-
tween Riiglaiid and America, as to the ownership of Oregon, may be decided, ()re-
ji;of/ 7uill never he colonized overland from the luistern States. It is wilh a vit>» of
pointing out the entire distinctness of the two regions, that we have gone, per-
haps at tedious length, into a description of the geographical peculiaiities of the
va '•! space which sejiarates them. It is six or seven hundred miles from the west-
ernmost limit of that fertile part of the prairies to the cultivable region of the
Columbia. vSix months of the year the whole of this spare is a howling wilder-
ness of snow and tempests. During the other six it exhiijits every variet)' of
hopeless sterility, plains of arid sand, defiles of volcanic rocks, hillsjcovercd with
bitter shrubs and snowy mountains of many days' journey; and its level part is
traversed by the formidable predatory cavalry we have described, an enemy of
more than Scythian savageness and endurance, who cannot be tracked, overtaken
or conciliated. We kn( w and admire the extraordinary energy vshich accotn-
panies the rambling habits of the citizens of the States; we know the feverish,
irresistible tendency to press onward, which induces the settler to push to the
uttermost limits of practicable enterprise, regardless of the teeming and inviting
regions he may leave behind. Still, with these natural obstacles between, :; e can
not but imagine that the ivorld must assume a new face before the American
zuagotis make plain the road to the Columbia, as they have to the Ohio. In the
meantime, the long line of coast invites emigration from the over-peopled shores of
the old world. When once tin; isthmus of Daritn is rendered traver_iblc, the voyage
will be easier and shorter than that to Australia, which -^o ooo of our countrymen
have made in a sijigle year. \Vhocver, therefore, is to be the future owner of Ore-
gon, its people will come from Europe. The Americans have taken up the ques-
tion in earnest ; their press teems with writings on the subject ; we need only men-
tion the able memoir of Mr. Greenhow, translator to the Department of State, in
which their claim is historically deducted with much ingenuity.

French writers, as may be suppo.scd, are already advertising the American
view. Let us abandon ours from motives of justice, if the right be proved against
us ; from Tuotives of policy, if it be proved not worth contesting ; but not in mere
indolence. Let us not fold our hands under the idle persuasion that we have col-
onies enough ; that it is mere labor in vain to scatter the seed ■ .f future nations
over the earth ; that it is but trouble and expense to govern them. If there is but
one thing on which the maintenance of that perilous greatness to which we have
attained depends, more than all the rest, it is colonization : the opening of new
markets, the creation of new customers. It is quite true that the great fields of
emigration in Canada and Australia promise room enoueh for more than we can
send. But the worst and commonest error respecting colonization, is to regard it
merely as that which it can never be — a mode of checking the increase of our
people. What we want is. not to draw off driblets from our teeming multitudes,
but to found new nations of commercial allies. And, in this view, every new col-
ony founded, far from diverting strength Irom the older ones, infuses into them

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additional vigor. To them as well as to the mother country it opens a new mar-
ket. It forms a new link iti the chain along which commercial inter- communica-
tion is carried — touching and benefiting every point in the line as it passes. Thus,
in former days, the prosperity of the West India Islands was the great stimulus
to the peopling of North America. The newer colony of Canada has flourished
through its connections with our settlements in the States; the market of New
Zealand will excite production in Australia. VVie uttermost, portions of the earth
arc our inheritance. Let us not throw it away in mere supineness, or in deference
to the wise conclusions of those sages of the discouraging school, who, hai they
been listened to, would have checked, one by one, all the enterprises which have
changed the face of the world in the last thirty years.

The following was published in the Springfield, 111., Journal, ond
as it .speaks of a man who was well known in Oregon at the time, and
who returned and lived here for .several years, it may be interesting" to
his old acquaintances as well as giving some historical facts :

" We have had the plea.sure of conversing with Mr. Wm. Stitton, a resident
of Oregon territory, and who left the settlement at Wallamet Falls ahotit the mid-
dle of May. He was three months in reaching the settlements on the Missouri ;
and was the bearer of a petition to the American Government (and other papers)
from the residents of Oregon, asking the Government to extend the laws
and jurisdiction of the republic over that interesting territory. Mr. vSuttcii met
the caravan of emigrants on the route, as also two smaller parties ])oand for Ore-
gon. He spoke of the settlement as pro.sperous and healthy. No money in circu-
lation, but trade is by barter — no law for collection of debts, but debts are always
paid. A town is growing up at the Wallamet Falls. Dr. McLoughlin, the British
commander of I'ort \'ancouvtr claims the site by right of discovery, or as having
established a post there some years since. The Wallamet furnishes an immense
water power suitable for machinery. Two grist and saw mills are by this time
built at that place — one owne<l by Dr. McLoughlin. Whe;it, which is the])rinci-
pal crop raised for sale, is worth 8u cents per bushel at I'ort Vancouver. This
price is not paicl in money, but in goods at a low rate. ?iIoney will not purchast;
goods as low by 20 per cent, as wheat or beaver skins. Mr. Sutton is so well
pleased with the country that he designs to return and spLiid his days there. If
emigrants sliould continue to pass into Ori'gon for a few years, as rapidly as they
have the present year, the jieople will soon be alile t(j protect themselves from the
repacity of the Hudson's IJay Company. The settlement now has a good tnilitary
company well commanded."

Coni^'-ressionat.

Dec. 20. Rep. Wentworth, of Illinois, committee on Territories asked leave to
offer a resolution calling on the President to communicate to this Hou.se, if not in-
compatible with the public interests, all correspondence between the Govern-
ment of the United States and Oneign powers in relation to the discovery, posses-
sion, title, and boundary of the Oregon territory. Objection being made, the res-
olution was not received.

.Senator Atchison, of Missouri, introduced a bill for establishing a governtuent
over t)7e Oregon territory, was read and referred to the select committee on that
subject. Mr. Allen, of Ohio, proposed a resolution calling upon the Ivxecutive foi-
copies of the instructions given, and cf)rrespondence of our minister with the Brit-
ish minister in relation to Oregon. Which lays over for consideration.

1843

PROVI.SIONAL GOVERNMENT.

123

Dec. 21. Senator Atchison, on leave, introduced a bill to facilitate and en-
courage the settlement of the territory of Oregon. The following is an abstract
of its provisions : It provides for a line of stockades and blockhouses not exceed-
ing five, from a point on the Missouri river into the best pass for entering the
valley of the Oregon. The President to cause one to be erected at or near the
mouth of the Columbia river. A grant of 640 acres to each white male inhabit-
ant over 18 years who shall cultivate the same for five years, and to his heirs in
case of decease. To every married man there shalj be granted in addition 160
acres to the wife, and 160 acres for each child under 18 years of age he may have,
or which shall be born within the territory. No sale or contract of land to be
valid before the patent is issued, nor shall it be liable for any judgment, mortgage
or lien before the patent is issued. The territory shall comprise all the country
west of the Rocky mountains, and between the parallels of 40° and 54° 40'', north
latitude. To carry into effect the provisions of this bill |;itHj,()tK) to be appro-
priated. The bill was referred to a select connnittee of five as follows ; INIessrs.
Atchison, Walker, Sevier, Merick, and Phelps.

Dec. 28. Senator Atchison introduced a bill to establish a govenmient for
the territor}' of Oregon. Mr. .'Vllen presented several memorials for the occupa-
tion of Oregon territory.

Senator Lewis Field lyinn, Oregon's best friend died Oct. 31, 1843,
at his home in Missouri, very suddenly of heart disease. He was born
near Louisville, Kentucky, 1796, was the grandson of Col. Wm. Linn
of the re\'olution army, who was afterwards killed by the Indians.
The father of Senator Linn died, leaving this son but eleven years of
age. He studied medicine and afterwards moved to Missouri, and was
elected to the State Senate, then was appointed Judge to examine land
title, , afterwards appointed U. S. Senator, and three times elected to
that office, the last time only a few months before his death. He served
from 1S33 to 1843.

Senators Benton and Buchanan delivered eulogies on Senator Linn,
and Mr. Buchanan said : " In him were combined the most opposite
and most admirable qualities of nature, in more striking contrast than
I have ever witnessed in any other num. Gentle as the lamb, and mild
as the zephyr, he was as brave as a lion. ' He had a heart for pity,
and a hand open as day for melting charity.' Human suffering always
drew from him the tear of .s^-mpathy, and his active benevolence never
rested until he had attempted to relieve the sufferer. He was one of
the ablest men who hehl a seat in the Senate in mj' day, yet he was so
modest and unpretending that he never seemed sensible of his own
ability, and would blush at the faintest praise. If the first settlers who
shall boldly establish themselves in Oregon under the ample folds of
the American flag — .ot those who may ' enter the territory prudently
and silently ' — do not call their first city after his name, they will de-
serve the brand of ingratitude."

124

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1843

I'i

The January number, 1843, of Fisher^ s Colonial Magazine, con-
tained a long article on the fur trade and the British claim on Oregon,
from which I take the following :

The importance of the trade between this coas*^ and China was first ascertained
in Cook's third voyage of discovery in the Pacific. The scarcity of fuel in the
densely populated provinces of China, the uuskillfulness of the people in manu-
facturing woolens, and the severity of the winter, caused a greater demand and
higher prices for furs in the Chinese market than in any other part of the world,
insomuch that the return given by the Russiansfor Chinese commodities is almost
entirely in furs, and those for the most part of an inferior quality.

The capture of the sea-otter, in consequence of the very gre;^t ' nluc ,' *s fur,
early attracted the attention of the Russians, as Cook, when in 177? t,e \ ; ;; .(.d the
coast of Kamschatka and the neighboring islands, found many Russiii-. posts es-
tablished through them, for securing this valuable article of commerce. These
traders, however, had not the enterprise to push their traffic at that time to the
opposite coast of America, as, when Cook first visited Nootka Sound, an inlet in Van-
couver's Island, in latitude 49° 36', north, the natives readily bartered the finest
sea-otter's furs for beads, buttons, and similar toys.

The sea-otter is the largest of the otter tribe, being about three feet long, or,
including the tail, a little more than four feet, and weighs from seventy to eighty
pounds. The fur, which is the richest, softest and warmest known, is, in the finest
specimens of a deep glossy brownish-black. It is an animal singiilarly limited in
its locality, being confined to the tract between 44° and 60°, north latitude, and
150° and 25(1° east longitude.

Other furs of inferior value are found in the northwest coast, the most ."bund-
ant being those of beaver, bears, wolves and foxes, which last are most abundant,
being yellow-, reddish-grey and black. The furs obtained by the Russians ;n,
sent into China overland. When the British vessel of discovery, which ! d
been commanded by Cook, proceeded to Macao, the furs which the^/ procured
at Nootka Sound met with a ready sale at extraordinary high prices. Sea-utter
skins of which six had l)een purchased lor a dozen glass beads, sold for fi 20 apiece,
and altogether the quantity procured realized about ^'6,cx)o. * * * The
fur trade on this coast had now became a frequent and favorite olyect of mercan-
tile enterprise, and Mears, on making the American shore, iVjvmd the J'rincess
Royal, of London, already engaged in traffic there. Entering Nootka Sound, he
built a house, and established a small factory, and soon after, in the name of the
King of Great Britain, took possession of the Straits of Juan de Fuca, or the sornd
which separates Vancouver Island from the mainland. He also built a schoc , r
and after a prosperous, course of tratTic, the /'V/zVv? returned lo China, wht'o 'if
cargo was disposed of at a large profit. Some sea-otter skins sold for $250 em".
and the tails for $15 each, the whole cargo being purchased by one merchant fur
$38 ,000.

The course of the con.sort vessel [phigcuia, we, , ."oi. sostu'ioth. On its arrival
at Nootka vSound, where there were two Americ*,. vessels f i^'aged in the same
traffic, the [phii\enia was seized by a Spanish fone, consisting if two small ships
of war, the commander of whom, Martinez, took po.sscssion o " the small factory
founded by Mears, hoisted the Spanish standard on it, and proclaimed that all
the territory extending from Cape Horn to 60° north latitude, belonging to the
crown of Spain. He then proceeded to erect batteries, store houses, and other
buildings requisite for fortifying that ^Jort. At the same time, three other British

1843

PROVISIONAL GOVERNMENT.

125

vessels, the Argonaut, the North West America, and the Princess Royal, were
seized. The total loss incurred on this occasion by the British is estimated by
Mears at $5ck),ooo.

In consequence of formidable preparations for hostilities by Great Britain,
the Spanish Government executed a treaty on Oct. 28, 1790, b}- which the invaded
possessions \verL' restored to the British. It is not easy to imagine a more un-
questionable territorial right than is made out, first in consequence of priority of
occupation by Sir Francis Drake, who left Plymouth, and reached this coast in
December, 1577. This expedition intended to plunder the Spaniards, to explore
iniknown regions in the eastern and western hemisphere, and to circumnavigate
the globe, consisted of the Pelican of 100 tons, the Elizabeth of Su, the Swan of
50, the Marygold oi yes, and the Christopher of 15, carrying 167 men. With these
Drake doubled Cape Horn and proceeded north, plundering and insulting the
Spaniards, until he reached latitude 48° north, where he landed, styling the coun-
Xxy New Albion, and taking possession in the luime of Queen lilizabeth. This
was followed by Mears and other British subjects and the cession by vSpain, the
only civilized power competent to dispute the claims of the British.

In I79i, Captain Vancouver was dispatched in command of the sloop of war
Discovery, and the armed tender Chatham, to accept from the vSpuniards the res-
toration of the settlements. At the entrance of the inlet named the straits of Juan
de Fuca he fell in with an American ship commanded by Robert Gray, who had
penetrated fifty miles, but Vancouver finished the survey, aiid found it to be a
strait, separating the island which bears his name from the main land ; he took
possession on a spot, which he named Port Discovery , situated in latitude 56° 20' 3"
north, and longitude 226° 35' east.

On the King's birthda}-, he took possession which we give in his own words :
" I went ashore at r o'clock, pursuing the usual formalities whicli are generally
observed on such occasions, and under the discharge of a royal salute from the
vessels, took possession accordingly of the coast from that point of New Albion in
the latitude o/_^g° 20' north, and longitude 2j^6^ 26' east to the entrance of this in-
let' of the sea, said to he the supposed straits offuan de Fuca ; as likewise all the coasts,
islands, &c., ivitliin the said straits, as ivell on the northern, as on the southern
shores, together zuith those situated in the interior sea ivhich zve had discovered,
which interior sea, I honored with the name of the Gulf of Georgia, and the con-
tinent bounding the said gulf, and extending southerly to 45° of north latitude
with that of New Georgia, in honor of his present Majesty."

It should also be observed, that Mears previously on May 18, 1788, had pur-
chased for a few sheets of copper, the ground on which he built the factory
at Nootka Sound. On Oct. 19, 1792, the Chatham entered the Columbia river,
Tiow claimeil by the United vStates, under the name of Oregon. So much for IJrit-
isli rights, now for the encroachments of the United States. Washington Irving
maintains (Astoria, vol. i, p. 37), that the discovery of the Columbia river, was
made pre\ iously to Vancouver, by Captain Gray, of Boston ; but even if tlie truth
of this was admitted, it could no more set aside the rights of the British founded on
the discoveries and prior occupation of the whole coast of New .\lbion by Drake,
Cook and Vancouver, than the discovery of the mouth of a river iimong oiir Aus-
tralian possessions, could establish a territorial right there for a rival vState.

The country, both in commercial and territorial point of view, is so valuable,
that it is to be hoped that our Government will not be guilty of the very culpable
infatuation of allowing the execution of the threats uf the Americans, that they
will expel us from so noble an acquisition, of which having actually the possession,

!■

126

brown's political history.

1843

]

t 1

I I

and unquestionably the right, we are consequently masters dc facto, as well as de
jure. By making this coast the outlet of the furs obtained tliroughout this vast
region, and with traffic with the natives would amount annually to above half a
million sterling. * * * ^jjy demonstration in the maintenance of our
rights would be well supported by members of the present population, originating
in the race which .onstituted the servants of the Hudson's Bay and Northwest
Companies. That such a contingency may soon arise there is much reason to
apprehend, ^ dv-closed by the following from an American newspaper: "We
have the noi .1 n boundar}- settled, and so will we soon have the northwest-

ern, for our cou inen are fast establishing themselves in that country, which
will soon constituie the surest rights of possession, and the best title." This
alludes to a Siittlement made about loo miles from the Pacific, on the banks of the
Willamette, a main tributary of the Columbia. * * * By a strange and
unpardonable oversight of the local officers of the company, missionaries from the
United States were allowed to take religious charge of the population, and these
artful men lost no time in introducing such a number of their countrymen as reduced
the influence of the small number of original British settlers to complete insignifi-
cance. These missionaries have also solicited and obtained from the Government of
the United States a recognition of the political existence of the settlement. The exec-
utive of the United .States, not content with this, has .sent by Cape Horn a Gov-
ernor to take charge of the infant colony, and, unless a speedy remedy be applied,
our fellow subjects in that quarter will soon be excluded from the Columbia river,
its tributaries, and adjacent countries, hitherto reckoned among our possessions.
Provisional Government Officers, iSfj.

Executive Committee, David Hill, Alanson Beers, Joseph Gale ; Supreme
Judge, A. E. Wilson ; Clerk or Recorder, Geo. W. Le Breton ; S/ieriff, Joseph L.
Meek ; Treasurer, W. H. Willson.

Legislative Committee,'^ Robert Shortcss, David Hill, Dr. Robert Newell, Alan-
son Beers, Thomas Hubbard, W. H. Gra}-, James O'Neil, Robert Moore and Will-
iam Dougherty.

Certificate.

This certifies, that David Hill, Alanson Beers and Joseph Gale were chosen
executive committee of the territory of Oregon, by the people of said territory,
and have taken the oath for the faithful performance of the duties of their office
as required by law. GEO. W. LE BRETON,

Wali.amkt, Oregon Territory, July 5, 1843. Recorder.

Note. — December 31, 1841, the number of Americans was about 4cx)

British subjects of all classes was about 1,200

The immigration of 1842 numbered 137

The immigration of 1843 numbered 875

— 1,412

Total - -- 2,612

I At the meeting of July 5th, the above legislative committee submitted their report, which was
adopted and they were discharged, and then the executive committee was elected and took the
oath of otfice.

1844.

'■r

Caij.inc; ok I'l'Bi.ie mke'i.nc, by Executive Com^mitteman Beers; Pro-
ceedings OK THE meeting; ORGANIZATION OK MILITARY COMPANY ;

Letter from Captain Keizer ; Ofeicers oe Provisionai. Govern-
ment; Meeting ok Legislative Committee; Message ok Executive
Committee; Law in regard to kree Negroes and Mulattoes ; Sec-
ond Meeting ok Legislative Committee; Executive Committee's
message; Congressional; Senator Allen's resolution ; Senators
Moreiiead and Allen; Mr. Semple's resolution; Mr. Allen's res-
olution dekeated; Rep. R. D. Owen's resolution ok notification;
President Tyler's special message; Debate on report ok commit-
tee ; Indiana Legislature's resolution; Secretary ok War's re-
port; Senator Dayton's speech; Louisville Journal; Christian
Advocate; Captain Spaulding's report; Mr. Buchanan; John
Dunn, Dr. Whitman's letter to Secretary ok War; His proposed
bill; Secretary ok War's cerTikicate; Mr. Benton's prediction;
Election Returns ok 1844.

THK settlements in Oregon remained in quiet and peace during
the remainder of 1843, and up to March 4, 1844, vi^hen the Cock-
stock affair took p>lace as before mentioned. Word was sent to the Execu-
tive Committee, andMr. Beers, one of the memliers, immediately issued
a proclamation calling a general meeting of the citizens at the resi-
dence of Mr. Larshapell's, at French Prairie, on the 9th of March, to
organize a military company. I insert the proceedings :

March 9, 1844.

The citizens of Champoe^ district met at the house of Mr. Larshapell, in ac-
conhince with the proclamation of tlie Executive Committee. The meeting was
called to order by one of the Executive Committee, and the proclamation was
read.

Upon the suggestion of the executive, it was moved that W. H. Willson be
chairman of this meeting, and Mr. T. E. Keizer secretary.

The object of the meeting was briefly explained by Mr. A. Beers and the
chairman. Information was called for concerning the depredations committed at
the Willamette Falls on the 4th instant.

Mr. Beers presented an officialletter from Dr. Hill, one of the Executive Com-
mittee, which was read. Statements were made by Mr. Garrison respecting accounts

}<■■
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128

brown's poIvITical, history.

1844

received from otlier sources ; and a letter was presented by the United States sub-
Indian agent, fioni A. L. Lovejoy, Esq., respecting the affair of the 4th, which
was read. Statements were made by the Executive Committee, concerning the
steps they had taken and the orders they had issued.

On motion, the United vStates sub-agent was requested to give his views and
advice on the subject. He accordingly related his proceedings in the matter; said
" he was unprepared to give advice, or suggest what was best to be done in the
present case ; he was fully aware of the defenseless state of the cclony, and of the
dangers to which we were exposed ; he knew the character of the Indian that was
killed to be of the vilest kind ; he had threatened and attempted the lives of citi-
zens before, and he had made an unsuccessful attempt to take him and have him
punished by the Cayuse, to avoid the danger and the difficulty tli it might result
from the whites pnnisliiiig him themselves. The Indian had atte .ipted to enlist
the Indians at the Falls to burn the town, and, failing, he returned across the
river, and the citizens attempted peaceably to take him. In the affray, three
whites were wounded and one Indian killed." The agent thought a more efficient
organization of the territory necessary.

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

Resolved, That in view of the facts presented, we deem it expedient to organize
a volunteer company of mounted riflemen to co-operate with other companies, to
bring to justice all the Indians engaged in the affiiir of the 4th of March, and to
protect our lives ~\\(\. pfopc^y in future against any depredations that may be at-
tempted, which was carried unanimously.

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

The articles allowing the company to select a captain, lieutenant and ensign
as soon as twelve men should be enlisted, the company proceeded to elect, by nom-
ination, their officers, to-wit : For captain, T. D, Keizer; first lieutenant, J. L.
Morrison ; ensign, K. James Casen. The captain gave notice to the company of
his acceptance of his appointment, and that the company would meet at the Ore-
gon Institute, armed and equipped according to the art.icle3 of compact, on the nth
of the present month for company drill.

On motion, the following resolution was •ananimously adopted :

Resolved, That this meeting recommend to our fellow citizens of this terri-
tory, to organize volunteer companies in their respective districts forthwith, and to
rendezvous at the Oregon Institute on Saturday, 23d inst., at 12 o'clock M.

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

On motion, adjourned.

T. U. Kki/.icr,

Secretary.

W. H. WII^LSON,

Chairman.

For some reason, the Canadian portion of the connnunity did not
organize a company, and there is no record of any other organization
of a similar nature in the territory at that time.

1 844

PROVISIONAL GOVERNMENT.

129

The following is a copy of the compact, or articles of enlistment,
and the names of the members of the company as they appear on the
rolls at the meeting of the same at the Oregon Institute.

The letter of Captain Keizer, which is published, indicates that
all was not harmonious at the time. On Keizer's resignation, Charles
Bennett was chosen captain, and as he had served for several years in
the United States army, he soon had a good company.

Articles of Enlistment for the Oregon Rangers.
PREAMBI.K. Self defense, the protection of property and life being one of
the first laws of nature and enforced by all laws, both human and divine, the un-
dersigned deem it important and indispensably necessary to enter into a compact
for our mutual protection against all dangers to which we are and may be exposed
while resinents of Oregon ; to be governed by the following articles of compact
and agreement, to-wit :

Article I. This body shall be called the " Oregon Rangers," and shall have
power to enlist as many men to act in defense of the lives and property of the
citizens as shall, from time to time, be deemed requisite ; and also to call the same
into active service in time of danger, invasion or Indian depredation, by order of
any commissioned officer of this body or of any one or more of the Executive or
I,egislative Committees of the territory, in all cases of danger to the lives or prop-
erty of any of the citizens, by public proclamation or otherwise.

Art. II. As soon as twelve men shall be enlisted they shall be entitled to
elect a captain, lieutenant and ensign, with such other officers as the company
may deem requisite.

Art. III. The company, when organized, shall meet at the place designated
by the captain, or in his absence in command, as often as shall be deemed neces-
sary b}' the executive or legislative officers of the Government, and also meet at
the command of the conutiissioned officers, if deemed proper, once a month for
inspection and military exercise.

Art. IV. Each man shall be equipped with a good rifle a* \ accoutrements,
and mounted upon a good horse with the necessary appendages for traveling upon
a light horse, and shall be entitled fo receive for each day's meeting for company
drill, one dollar, and for each day in actual service in case of invasion or pursuit of
Indians, two dollars per day, and shall forfeit twice the amount per day to the
company for non-attendance. All such forfeitures may be collected by civil suit,
attachment and sale of property as by law provided.

.Vrt. V. The officers of this company shall receive a charter from the Colonial
Government, which shall allow them \.o increase the number of companies to any
numljer that may be deemed necessary for the protection of the lives and property
of all the citizens of Oregon.

Names.

J. L. Morrison,

Webley Hauxhurst

Peter Brainanl,

J. M. Garrison,

Jas, R, Patterson,

Chas. IC. Pickett,

William Martin,

Lindsey Applegate,

Thos. D. Keizer,
Isaac Hutchens,
John Anderson,
Nathan Sittcn,
Joseph Hohnaii,
John Elmons,
John B. Keizer,
James Martin,
K. James Carson,

Chas. P. Malt,
Rich. H. Ekin,
Joel Turnham,
Wm. Delaney,
John Ford,
Nimrod Ford,
David Waldo,
Wm. Henry Gray.
Total, twenty-five.

.^i y

;i I

130

BROWN S POLITICAL HIvSTORV.

1844

I hereby certify that the persons named and enlisted agreeably to the articles
herewith submited, are armed and equipped and ready for action.
Given under my hand, this i6th day of March, A. D. 1S44.

THOMAS I). KEIZER,
Captain Ore^'OTt J^atiffets.

Oregon Territory, Champooic District, April 29, 1844.
To His Excellency — A. Beers :

Dear Sir:. In accordance to your proclamation, March 5th, the undersigned
have succeeded in enlisting twenty-six mounted men ; and this our third company
drill, and in behalf of the company, we take the liberty of asking the following
questions :

Was there any cause for raising these troops, and is there any need of these troops
knowing their chartered limits and their discretionary powers ? Recollect wc are
to be called out at the instance of any one of the commissioned officers, or at the
instance of either of the Executive or Legislative Committees. Where is our char-
tered liberties of drawing on your military stores and deposits for munitions and
provisions? Or where is our liberty of making out pay rolls and drawing on the
treasury? If wo had the chartered liberties that brave men expect, signed by the
proper officers, with the seal of the territory, while we keep in the bounds of that
charter, we have to assume no responsibilities, and if we have to assume responsi-
bilities on onr own expenses, we have too n.uch soldier's pride to be made mere mock
soldiers, (iiving the words of the great Col. Crockett "Those that fight on their
own expenses and their own responsibilities have enough to do to fight their own
battles, commissions not excepted "

vSigned: THOMAS D. KEIZER,

J. L. MORRISON,
PETER HRAINARD.

Officers of Provisional Government. '

[Hlecteci May 14, 1844.]

Executive Connnittee, Peter G. Stewart, Osborn Russell, W. J. Bailey ; Terri-
torial Recorder, Dr. John E. Long ; Territorial Treasurer, Philip Foster ; Terri-
torial Sheriff, Joseph L. Meek ; Supreme Judge, Dr. Ira L. Babcock.

Legislative Committee.

Tualatin District, Peter H. Burnett, David Hill, INI. IM. McCarvcr, M.Gil-
more; Klackamas, A. Lawrence Lovejoy ; Cliainpag, Daniel Waldo, T. D. Keizer,
Dr. Robt. Newell.

The Legislative Committee met at Oregon City, June iS, 1S44, and
organized by electing M. M. McCarver, speaker ; Dr. John E. Long,
territorial recorder, by virtue of his office was clerk.

After organizing, a committee consisting of Messrs. Burnett and
Lovejoy were appointed to wait upon the Executive Committee, and
informed them that the house was now ready to receive any communi-
tion they might have to make. The Executive Committee, immedi-
ately sent the following

I Election returns at end of chapter.

1844

PROVISIONAL GOVKRXMENT.

MKSSAGK.

131

To (he honorable Lei';islative Assembly of Oregon Territory :

Gi;N"ri<KMKN. — As a rising colony, under no immediate external control or
civil protection, we have abundant reasons for rendering our thanks to the Great
Ruler of the universe for His parental care and protection over us, from the fifst
entrance into this country unto the present day. And it becomes us humbly to
acknowledge our dependence on him as our protector and preserver, and implore a
contitmation of his care and watchfulness over us, and wisdom to direct us in the
discharge of the duties devolving upon us.

This country has been populated by powerful tribes, but it has pleased the
great disposer of human events to reduce them to a mere shadow of their former
greatness, thus removing the chief obstruction to the ejitrance of civilization, and
opening a way for the introduction of Christianity where ignorance and idolatry
have reigned uncontrolled for many ages. There have perhaps been few colonies
planted in North America under the sam ecircumstances in which the present set-
tlers of this territory are placed. We are sitiiated in a portion of the country re-
mote from civilized nations, among the few remaining savages who are the orig-
inal proprietors of the soil. The country is claimed by two powerful, civilized
and enlightened nations, proud of their national liberties, and jealous of their re-
spective rights and privileges. It is obvious that these claims must be adjusted,
and the soil purchased from the original proprietors, previous to any right being
conferred upon the citizens of those governments, relative to the cultivation of
lands in this territorj'. The Government of Great Britain has never publicly ex-
tended her claim so far south as to include the lands now under cultivation in this
colony. But a treaty now exists between that Government and the United States,
giving to each party the right of mutual occupancy of this territory in relation to
the Indian trade.

The United States have held out inducements to tiieir citizens, and indirectly
encouraged the settlement of this country by them. Consecjuently we are now
improving the coi'ntry by the consent, but without their protection ; and it is self-
evident that ever}- community has a right to make laws for their mutual lienefit
and protection, where no law exists. It was under these impressions that the set-
tlers in this territory established a form of Government last year, and adopted
such rules and regulations as were at that time deemed necessary for the protec-
tion and prosperity of the colonv. These regulations were so constructed as to be
altered or amended by a legislative assembly, whose members were to be chosen
by the people annually, until such time as the Goverimient of the United States
shall extend their jurisdiction over the territory. At the time of our organization
it was expected that the United States would have taken possession of the country
before this time, but a year has rolled around, and there appears little or no pros-
pect of aid from that quarter, consequently we are yet left on our own resources
for protection. In view of the present state of affairs, gentlemen of the assembly,
we would recommend to your consideration the adoption of some measures for a
more thorough organization.

Also to take into consideration the propriety of laying a light tax for the sup-
port of Government. We would also reconinioml to your consideration the pro-
priety of vesting the executive power in one person ; and the impropriety of vest-
ing the power of supreme, probate and district judges in one person ; and the ne
cessity of having an individual iudge for each court. W^e would recommend ti.tiL
such of the laws of Iowa as have or may be adopted, be so amended as to suit the
circumstances of the country. That the militia law be so amended that military

f s

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1

132

15KOVVX S POLITICAL HISTORY.

1844

officers hold their commission during good behavior, and that each company shall
have the privilege of electing their (jwn officers, at such time and place as they
shall think fit, excepting the days of amiiial review ; and that such portion of the
militia law of Iowa be adopted as will suit all the circumstances of our military
organization.

We would recommend that the first article of the land law be so amended as
to require that some permanent improvement be made on a claim before record-
ing, and that such improvement be designated on record, with such other regula-
tions relative to land claims, as, in the opinion of this assembly, will be most
beneficial to the interests of the public. We would recommend that the fourth
article of the land law be repealed, as it is considered detrimental to the interests
of the community. We would recommend that commissioners be appointed to
locate roads, in such places as this assembly shall deem necessary for the interests
of the public, and that a law be enacted for the purpose of establishing ferries at
different thoroughfares crossing the Willamette river.

We recommend the encouragement of the means of education, as far as our
limited circumstances will allow. We would also recommend that the laws of
Iowa be taken into consideration , concerning blacks and mulattoes, and that a
law be enacted for the punishment of offi'tiders inciting the Indians against the
whites, and regulating the intercourse of the whites among the Indians of this
colony.

And in conclusion, we desire to impress upon your minds, that although the
colony is small, and its resources feeble, yet the life, rights, and liberties of an
individual here are of equal value to him as to one in' the city of Washington or
London. And it is a duty which involves on you, and Si us, to use as much dis-
cretion, vigilance and caution in maturing and adopting measures for promoting
the interests of this little colonv, as if we expected our names and acts would be en-
rolled in the pages of history, or inscribed on pillars of stone, when our day and
generation shall have passed away. P. G. STKWART,

Willamette Falls, June 18, 1844. O. RUSSELL,

W. J. BAILEY,

Execufii'C Connnitlce.

On motion of Mr. Newell, a resolution was adopted thanking the committee
for their message.

The Legislative Committee worked faithfully for ten days and then
adjourned until December 16. Among' the laws that they passed were
two that became historical : The prohibition law, and the other to
prevent Negroes and Mulattoes from residing in Oregon. The follow-
ing is the vote on the latter bill : Yeas, Messrs. Burnett, Gilmore,
Keizer, Waldo, Newell and Mr. Speaker (McCarver) — 6. Nays,
Messrs. Lovejoy and Hill, — 2.

The following is the act as originallj- passed on June 27, 1844, and

the amended act as passed at the adjourned session in the following

December.

An Act in regard to Slavery and Free Negroes and Mulattoes.

Be it enacted by the Legislative Coiiiinittee of Oregon asfolloivs :

Section i. That slavery and involuntary servitude shall be forever prohib-
ited in Oregon.

1844

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THE PEOPLE OF OREGOI

TO ALL TO WHOM TUKSI'] PIIESF

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Adjutant' General

REGOJV TERRITORY,

SK FIIESEIVTS SHALL COME:

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fxc^. Wu..... GEORGE JinERJ\T/niY,

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ni' General

WlnllalfiEi^SQ % <»«' oj '■^ Le-git/alure of ine Tarritory of Orrgon, approved IQth Dectmher 1847, 6ke
Gvoemor of said Terrilory, teas (viUi other pmrers) authorised tu raise a regiment ef volunterr rifemen : tehich satd
act alto auAnrited Jesse AppLEftATK, A. L. Lovkjoy a/j'i G. L. Cvrky, as Commumioners, to negotiale a Jixin met
to exceed One Hundred Thousand Dollars, for the purpose of carrying out the f.ovisioruKf that act, and to pleiJge the
faith of t}ie Territory for the payn\ent of such sum as might he so negotiated, toilhin three years from the date of s(de^
loan ufUess sooner discharged try the Government of the United Stales. And

WHEREAS the said commissioners resigned their said office without performing nil ilic dniies thereof- And
lVHEltJ£AS by act of the Legislrrture of said Territm-y, approved I'M JDef A. D. 1?'47, A. L^Lovkjov, Hvan <
Burns, and W. H. Wilson, were apjmnted a Board of Commissioners to fill the vacancy caused by the resignation
of said former Board of Commissioners, clothed with the same powers, and subject to (he same restrictions as drfineU
in the said act, approved December lOth, A. D. 1847.

KNOW ALL MEN BY THESE PRESENTS,

IPISIAlP WSj A. L. LOVEJOY, HUGH BURNS, and W. H. WILSON, Commissioners of the Tern-
toru of Oi-f^on, acknowledge that the Territory qf Oregon is held and stands firmly bound unto t^'I^r ^ >f^./i,^-^l. .

Ot^vZ? ■■^l<-~- '" '^^ -^" '' '"*'^ ■'''*' '^"'" '^f' l/'^TL-'— ■<-»-*--'x — <r^v^ t^£/—t

dolfars, with interest at the rate of /jL^-l^per cent per annum, to be paid unto the said ^^^Z^-^!*^^^^!*

(7^1^ £^y^<-^ "T'^i-t? Aftr5, t'jecutori, administrators or assigns, for the payment of which, well
and truly to be. made, we, a.« Commtssipners aforesaid, hind the Terjrilory of Oregon firmly by these pre.ients.
Signed with, our hands and sealed with our seals, this /^' day of t,...f^--^^^-^.^C^ ■ D. 184 O
THE CONDITIONS of the above obligation are such, that if the Government of the United States shall dis-
charge the said sum of •/t.>-^-»„eX^ ^^ t^^l*—^ dollars, with the interest, within three years

from, the date hereof ; or if the Territory of Oregon shal pay and satisfy the same vnthin the time last aforesaid, then
the above obligation shall he void, otherwise remain in full force and virtue.

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Gov. Oregor, Territory, ^f

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PROVISIONAL GOVERNMENT.

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Sec. 2. That in cases where slaves shall have been, or sliall be, brought into
Oregon, the owners of such slaves respectively shall have the term of three years
from the introduction of such slaves to remove them out of the country.

Sec. 3. That if such owner of such slaves shall neglect or refuse to remove
such slaves from the country within the time specified in the preceding section,
such slave sliall be free.

Sec. 4. That when any free negro or mulatto shall have come to Oregon, he
or she (as the case may be), if of the age of eighteen or upward, shall remove from
and leave the country within the term of two years for males, and three years for
females from the passage of this act ; and that if any free negro or mulatto shall
hereafter come to Oregon, if of the age aforesaid, he or she shall quit and leave the
country within tin- term of two years for male and three years for females from
his or her arrival in the country.

Sec. 5. That if such free negro or mulatto be under age aforesaid, the terms
of time specified in the preceding section shall begin to run when he or she shall
arrive at such age.

vSec. 6. That if any such free negro or mulatto shall fail to quit the country
as required by this act, he or she may be aiTested upon a warrant issued by some
justice of the peace, and, if guilty upon trial before such justice, shall receive upon
his or her bare back not less than twenty nor more than thirty-nine stripes, to be
inflicted by the constable of the y iper county.

Sec. 7. That if any free negiM ormulato shall fail to quit the country within
the term of six months after receiving such stripes, he or she shall again receive
the same punishment once in every six moriths until he or she shall quit the
country.

vSec 8. That when any slave shall obtain his or her freedom, the time spec-
ified in the fourth section shall begin to run from the time when such freedom
shall be obtained.

When the same Lt-gislative Committee met again on December 16,
the Executive Committee made the following recommendation : " We
would recommeml that the act passed by this assembly in June last,
relative to blacks and mulattoes, be so amended as to exclude corporal
punishment, and reqtiire bonds for good behavior in its stead." — Ore-
gon Laws und Archives, p. 5S.

At this session, the originator of the above law stibraitted the fol-
lowing as amendator>' :

An .\ct amendatory of an Act j)assed June 26, 1S44, in regard to slavery and for

other purposes,
/)V // I'liar/i'i/ />]' the Lt'^islativc Couimitlce of Oregon as follows :

vSiXTiON 1. That the sixth and seventh sections of said act are hereby re-
pealed.

Sec. 2. That if any such tree negro or mulatto shall fail to (juit and leave
the country, as reciuired by the act to which this is amendatory, he or she may
be arrested upon a warrant issued by some justice of the peace ; and if guilty upon
trial before such justice had, the said justice shall issue his order to any offi-
cer competent to execute process, directing said otViccr to give ten days' notice, by

' fl

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134

BROWN S POUTICAI, HISTORY,

1844

;ll •

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at least four written or printed advertisements, that he will publicly hire out such
free negro or mulatto to the lowest bidder, on a day and at a place therein specified.
On the day and at the place mentioned in said notice, such officershall expose such
free negro or mulatto to public hiring ; and the person who will obligate himself
to remove such free negro or nmlatto from the country for the shortest term of
service, shall enter into a bond with good and sufficient surety to Oregon, in apen-
alty of at least one thousand dollars, binding himself to remove said negro or mu-
latto out of the country' within six months after such service shall expire ; which
bond shall be filed in the clerk's office in the proper county ; and upon failure to
perform the conditions of said bond, the attorney prosecuting for Oregon shall
commence a suit upon a certified copj- of such bond in the circuit court against such
delinquent and his snr<it\tis.-^ Recollect ions and Opinions of an old pioneer , by P.
H. Burnett, p. 21^.

Both of these laws seem to have been entirely nugatory. First,
they did not go into effect until two j^ears after their passage ; Second,
it was evident that there were none who would insist upon the fulfill-
ment of such an objectionable law. Mr. Burnett though a native of a
slave State, was not in favor of slavery himself, and thought it would
not be best for a class who were proscribed on account of color and so-
cial condition to live among a people, who, although opposed to
slaverN^ would not allow them franchise of citizenship.

I have not been able in one instance to find in the history of Oregon
at that, or, at any later period an instance in which the law was or at-
tempted to be enforced. It was practically a dead law on the statute
books.

The Legislative Committee met at Oregon Q\\.y, Dec. 16, 1S44,
pursuant to adjournment, and the Executive Committee sent the fol-
lowing

MP^vSSAGE.

To the honorable the Legislative Committee :

GenTIvRmkn. — As the expectation of receiving some information from the
United States, relative to the adjustment of the claims of that Government and of
Great Britain, upon this country, was the principal cause of the adjournment of
this assembly, from June last to this day, we feel it our duty to communicate such
information as we have been at)le to collect on tlie subject, and likewise to recom-
mend the adoption of further measures for the promotion and security of the in-
terest of Oregon.

The lines defining the limits of the separate claims of the United States and
of Great Britain, to this portion of the country, had not been agreed upon when
our latest advices left the United States — and, as far as we can learn, the (juestion
now stands in the same position as before the convention in London, in iiSiS, At
that time, the United States Government proposed to draw the division line, on the
49th parallel of north latitude, from the Lake of the Woods to the Pacific ocean.
To this. Great Britain would only consent in part, viz : That the line should run
on the 49th parallel, from the Lake of the Woods to the dividing range of the
Rocky mountains ; and it was fully agreed upon between the parties, and that all

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1 844

PROVISIONAL GOVERNMENT.

135

of the country lying west of the Rocky mountains and on the Pacific ocean , should,
with its harbors, bays and rivers, remain open for ten years to the vessels, sub-
jects or citizens of both countries. But it was at the same time, expressly under-
stood, that the said agreement was not to be construed to affect or prejudice the
claims of eitaer party, or any other power, or any portion of said country. Before
this agreement expired, another convention was held in London, in 1827, by the
two contracting powers ; by which the former treaty was extended with the pro-
visions, that when either of the parties thought fit, after the 20th of October, 1828,
to abrogate the convention, they were at liberty to do so, by giving twelve months'
notice to the other contracting party ; but nothing contained in the treaty of 1827,
was to be construed so as to effect in any manner the claims which either of the
contracting parties or any other power, might have to any of the country lying
west of the Rocky mountains.

The subject has again been called up for investigation by the two powers, and
a negotiation was begun at Washington in the early part of the present year, but
was for the time being suspended on account of a disagreement Vietween the par-
ties ; aiid notice of the abrogation of the convention of 1827, had not been given
by either party, when our latest information left the United States. And we find
that after all the negotiations that have been carried on between the United States
and Great Britain relative to settling their claims to this country, from October,
1818, up to May, 1844, a period of nearly twenty-six years, the question remains
in the following unsettled position, viz : Neither of the parties in question claim
exclusive right to the country lying west of the Rocky mountains between the
parallels of 42°, and 54° 40' north latitude, and bordering on the Pacific ocean.
But one claims as much right as the other, and both claim the right of joint occu-
pancy of the whole, without prejudice to the claims of the other State or Power
to any part of said country.

We have submitted to you this information, gentlemen of the assembly, for
two particular reasons : i st — To correct an error that occurred in our last com-
munication to this body, relative to the claims of the United States and Great
Britain to this country. 2d. — That you may bear in mind, while legislating for the
people of Oregon, the position in which this country stands with regard to these
claims.

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

We would suggest for your information, that this Government has now in its
possession , notes given by different individuals residing in the country, amounting
to 13,734 26, most of which are already due. These notes are a balance in favor
of the estate of Kwing Young of Oregon, deceased, intestate, A. D., 1840, after all
legal dues, debts and damages are paid, that have come to the knowledge of the
administrator, or probate courts of Oregon, up to date. We would therefore advise
tliut these demands should l)e collected, and appropriated to the benefit of the
country, the Government being at all times responsible for the payment of them
to those who may hereafter ajjpear to have a legal right to the same.

We would again call your attention to a measure recommended in our last
communication , to-wit : The expediency of making provision for the erection of a

136

BROWN S POLITICAL HISTORY.

1844

' m 1

public jail in this country. Although the community has suffered very little as
yet for the want of such a building, and perhaps another year might pass without
it being occupied, which is to be hoped might be the case ; yet we are assured
that it is better policy to have the building standing without a tenant, than a ten-
ant without the building. And, in order to promote industry, and the peace and
welfare of the citizens of Oregon, this Government must be prepared to discoun-
tenance indolence, and check vice in the bud.

We would recommend to your consideration the propriety of making provis-
ions for the filling of public offices which are now, or may become vacant or other-
wise, previous to the next annual election.

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

vVe consider it a highly important subject that the executive of the Govern-
ment should have laws which may direct them in settling matters relative to lands,
reserved by Indians, which have been, or maybe settled upon by whites.

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

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

We are informed that the number of emigrants who have come from the
United States to this country, during the present year, amounts to upwards of 750
persons.

W^e would recommend that the act passed last June, defining the northern
boundaries of Tuality and Clatsop counties be so explained as not to conflict with
the act passed in this assembly in Jnne, 1843, extending the limits of Oregon to
54^" 40', north latitude.

And we would suggest, in conclusion, that tc preserve the peace, good order,
and kind feeling which have hitherto existed among the inhabitants of this coun-
try, depends very much upon the calm and deliberate judgment of this assembly.
And we sincerely hope that Oregon, by the special aid of Divine Providence, may set
an unprecedented example tothe world, of industry, moralit} and virtue. And al-
though we may now be unknown as a State or Power, yet we have the advantages, by
united efforts of our increasing population, in a diligent attention to agriculture,
arts and literature, of attaining, at no great distant day, to as conspicuous an ele-
vation as anj' State or Power on the continent of America. But, in order to carry
this important measure, and arise to that distinguished station, it becomes the
duty of ever)- citizen of this country, to take a deep interest m its present and fu-
ture welfare. As descendants of the United States and of Great Britain, we should
honor and respect the countries which gave us birth ; and as citizens of Oregon,
we should by a uniform course of proceeding, and a strict observance of the rules
of justice, equity and republican principles, without party distinction, use our best
endeavors to cultivate the kind feelings, not onl.v of our native countries, but of
all the Powers or States with whom we may have intercourse.

Wiij^ametTe; FAIJ.S, Dec. 16, 1844. OSBORN RUSSKLL

P. G. STEWART,
Executive Committee of Oregon.

The Legislative Committee adjourned on Dec. 24, 1844, after enact-
ing quite a ntimber of beneficial laws.

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1844

PROVISIPNAL GOVERNMKNT,

137

Congressional.

January 4, (1S44"), vSenator Allcu's, Oliio, resolution which reads as follows was
taken up and discussed :

Resolved, That the President be requested to lay before the Senate, if in his
judgment that may be done without prejudice to the public interest, a copy of any
instructions which may have been given by the Executive to the American minis-
ter in England on the subject of the title to and occupation of the territory of Ore-
gon since March 4, 1841. Also, a copy of any correspondence which may have
passed between this Government and that of Great Britain in relation thereto since
that time.

Mr. Morehead apprehended its adoption might create a precedent.

Mr. Allen said the precedent is already established in the long settled practice
of this body. The President has power to initiate negoiiations leading to treaties,
but they must be consummated here. The President has no absolute power over
their conclusion. * * The late British treaty should admonish us, that
the Senate must act in time, and interfere while negotiations are pending. The
impending calamity must be arrested in time. The discussions of the British
treaty, which took place, and could be alluded to without impropriety. He would
ask the senators what was the strongest argument in favor of the ratification of
this treaty ? The argument was, that the Executive had acted and the country
was compromitted, and that the calamity of a rejection of a treaty wovdd be as
great as of its ratification. That treaty was negotiated almost under the eye of the
Senate — certainly within reach of its arm. A treaty that was repugnant to
the sense of a majority of the senate was ratified here by a vote of two-thirds. It
was done because every Senator felt himself bound to vote in compliance with the
case that was made to them. Could it be supposed that representatives of sover-
eign vStates would agree to a treaty by which a portion of one of their number was
thrown out of the Union, and given to a foreign power ? Wc lost a part of the ter-
ritory of Maine the moment we yielded to negotiation, though we had unani-
mously declared that it belonged to us. We agreed to ne^'otiate, and then it be-
came necessary that somebody should pay the cost of a negotiation, and so they
split the country in dispute between the two parties. We have had experience and
warning enough in the history of that treaty, by which the benate were forced to
sacrifics the interests, and, I believe, the honor of the country, to induce us to be
more watchful and prompt in the discharge of our duties hereafter. How is it
with the Oregon negotiations ? I hdve seen the official debates, wherein it is re-
ported that on March 21, 1S43, Lo'd Palmerston said "There was another bound-
ary question still pending, relative to what was called the Oregon territory. Wl.at
had happened lately in t'tiat question ? The .Senate of the United States had pro-
posed a bill for taking possession of that entire territory, and the Senator wli j in-
troduced the bill observed that Great BritaiTi would acciuiesce in the right of the
United States to the territory when the subject should be brought before her "n
what the .Senator was pleased to call a proper manner. It was i)ossil)le that th.?
bill might not pass; but if it did pass, and became a law, and was acted on, it would bf;
a declaration of war." Mr. Allen then read :

"The question of the Oregon boundary, said .Sir Robert Peel, is not adjusted,
aad it is not necessary that I should address the house upon it. Our Government
was not so open to p-ipular influences as that of the United States. But we have
no intelligence that the bill alluded to had becomi- a law. We had proposed to
that Government some means by which the adjustment of the Oregon (juestion
could be effected, and we had met no repulse. We had, on the contrary, re-

138

BROWN S POLITICAL, HISTORY.

1844

'■ *

ceived assurances that the Government was anxious to bring it to an adjustment.
But we are dealing with the executive branch of the Government, and not with the
legislative. If the bill alluded to should pass, it was impossible for the Executive
to give it his sanction, after the assurance given to this Government on this sub-
ject."

After considerable debate, the further consideration was postponed

until the following Monday.

January 8, Mr. Seniple, of Illinois, submitted the following which lies over :

Resolved. That the President of the United States be requested to give notice
to the British Government that it is the desire of the Government of the United
States to annul and abrogate the provisions of the third article of the convention
concludt'd between the Government of the United States of America and His Bri-
tannic Majesty the King of the United Kingdom of Great Britain and Ireland, on
the 20th of October, 1818, and indefinitely continued between the same parties,
signed at London the 6th of August, 1827.

Mr. Allen submitted the following which lies over :

Resolved, That the President be requested to inform the Senate, if it be in his
power to do so, whether any of the Indian tribes, or any of the Indians residents
within the territorial limits of the United States, are in receipt, periodically or oc-
casionally, of any pension, pay or presents, in money or in other things, from the
British C-overnmeut ; and if so, that he be requested to state the particulars ; also,
whether the Government of the United States has had any correspondence with
the British Government in relation to the matter ; and in that event, that he be re-
quested to lay before the Senate a copy of such correspondence.

The senate then proceeded to the consideration of the resolution
heretofore submitted by Mr. Allen, and the debate was taken part in by
several of the senators ; the western members advocating the same, the
eastern and southern opposing, and it was defeated, yeas, 14 ; nays, 31,

January 4. Rep. Robert Dale Owen, of Indiana, submitted the following
which was referred to committee on foreign affairs :

Resolved, That in accordance with the provisions of the second article of a
convention between the United States of America and the King of the United
Kingdom of Circat Britain and Ireland, of Sept. 6, 1827, continuing indefinitely the
provisions of the third article of the convention of Oct. 20, 1818, relative to the
joint occupancy by Great Britain and the United vStatcs of America of certain lands
on the northwest coast of America, westward of the Gtony mountains, commonly
called the territory of Oregon, tlic President of the United States l)e requested to
give due notice of twelve months to the Government of Great Britain, that, after
the expiration of the said term of notice, the United States of America will annul
and abrogate the said convention of Sept. 6, 1827, so continuing the provisions of
the third article of the conventiv)n of Oct. 20, 1818, a"^ aforesaid.

The following message from the President was received by the
House of Representatives.

To the House of Representatives of the United States. — In answer to the reso-
lution of the House of Representatives of lolh inst., requesting the President to
communicate to that body " copies of all correspondence with any foreign Govern-

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PROVISIONAL GOVERNMENT.

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ment relative to title, boundary, fliscovery aiul settlement, of the territory of Ore-
gon." I have to state that the information called for by the house, has been al-
ready, from time to time, transmitted to Congress, with the exception of such cor-
respondence as has been held within the last few months between the Department
of State and our minister at London ; that there is a prospect of opening a negoti-
ation on the suljject of the northwest boundary <.)f the United States immediately
after the arrival at Washington of the newly appointed British minister, now
daily expected ; and that, under existing circumstances, it is deemed inexpedient,
with a view to the public interest, to furnish a copy of the correspondence above
mentioned. JOHN TVLKR.

Washington, Jan. 16, 1844.

January 23. Rep. C. J. Ingersoll, of Pennsylvania, from the committee on for-
eign affairs, to whom had been referred the joint resolutions introduced by Mr.
Owen, requesting the President to give notice of twelve months to the British
Government of the intention of the United States to put an end to the conven-
tion for the joint occupancy, etc., reported the following :

/Resolved, As the opinion of the committee, that it is 'nexpedicnt for Con-
gress at this time, to act in any manner upon the subject rcerred to in said reso-
lution. ^

Mr. Owen, of Indiana, moved to amend by substituting^ for it the original res-
olution which he had introduced. Mr. O. said that this territory was one-third as
large as the original thirteen States of the Union. Tht convention for its joint oc-
cupancy was made in 1818. In 1824, Mr. Adams being secretary of state, and Mr.
Rush, minister at London, there W3S an attempt unsu-jcessfully made to settle the
subject ; also two years later there was another attfjipt, Mr. Clay being secretary
of state, and Mr, Gallatin, minister. In a letter from liie former to Mr. Gallatin,
Mr. Clay said, " nor is it concluded that Great i?ri*din has or can make out even a
colorable title to any portion of the territory on the northwest coast." Mr. Clay
had doubtless examined the subject and understood it, and Mr. O. pledged him-
self to prove that the title of the United States to tliat whole territory was perfect,
unquestionable, undeniable, according to international law — as clear as that of any
man on this floor to the plantation or farm he owned. Mr. O. then went on to
condemn strongly the instructions given by Mr. Clay shortly afterwards to the
same minister to negotiate away one-half of the territory, and that too in a spirit
of concession and compromise. Mr. O. strongly reprobated such concession
and expatiated upon the increased arrogance and extent of British claim which
ensued upon that demonstration. Every concession weakened a claim, and the
American claim had been weakened by concession upon this subject. He con-
ceived that our best statesmen had been misled by the position then taken. Mr.
Calhoun vas quoted and complained of for yielding so much as he had upon this
subject.

The morning hour having expired, the house resolved itself into
committee of the whole, and spent the rest of the day in discussing an
abolition resolution from the Massachu.setts legislature.

January 24. On motion of Mr. Owen, the house resolved itself in the com-
mittee of the whole, on the amendment offered by Mr, 'ngersoU.

Mr. Owen arose and concluded his remarks and strongly animadverted upon
the passage of Mr. Calhoun's speech on the Oregon ciuesiion made last session,
wherein as quoted "it follows that the portion of territory really in dispute be-

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tween the two countries is about three deprees of latitude." Mr Owen feared that
if Mr. I'akenham had read that speech, he would come i)rcpared not to discuss the
question whether Orej^on belonged to us or (ireat Britain, but the question how
these three degrees of latitude should be parcelled out. What could be expected
from negotiations commenced under such auspices? He knew that they were told
in the message of the President, that our minister at London had again brought
this subject to the consiieratiou of that Governtiient. I am sorry for it. Twice
had we approached Great Hritain in a spirit of liberal concession ; twice had she
rejected our terms. The objection that had been made, he presumed by the com-
mittee on foreign affairs to this resolution was, that, if adopted, it would cast diffi-
cultics in the way of this negotiation. Hut if nothing reasonable was to be expec-
ted from such a negotiation, why should objection be made on that ground?
From the past he judged the future. That which had baffled the talents of Henry
Clay and the perseverance of the honorable gentleman from Massachusetts (J. Q.
Adams), he trusted he might be permitted to doubt whether John Tyler would
succeed in effecting.

But a further objection would be made that this joint resolution, this notice to
Great Britain, might be offensive to her, and might become a cause of war. If to
give notice to Great Britain that she could no longer occupy with us the valley of
the Columbia — if that were a cause of war, then war must come ; it might come
sooner, it might come later ; but come it must at last. Would they check the em-
igration to Oregon ? How ? Would they build up along the summit range of the
Rocky mountains a Chinese wall of demarkation, and say to the spirits of the
western wilderness " thus far shalt thou go and no further, and here shall your on-
ward progress be stayed ?' When they could control the mountain eagle on his
upward course to the sun ; when they could check the wild horse of the prairie in
his impetuous career ; when they could quench in the bird of passage that instinct
which bids her up and away, then they might expect to set mete and Sound to the
spirits of the west this side of the Pacific. Oregon is our land of promise, our land
of destination. " The linger of nature, " had pointed it out. Two thousand Amer-
ican citizens are already indwellers of her valley ; 5,0(X), and it may be twice 5,000
will have crossed the mountain passes before another year rolls around. While
we are legislating they are emigrating and, whether we legislate or not, they will
emigrate still. If Great Britain was governed by principles of justice and equity,
she could find no cause of offense in the notice. But if it was her intention to re-
sist if, as a leading I/ondon journal (not a ministerial organ, however) had lately
asserted, she was resolved to arm the Indian tribes in her cause — if that were the
policy she intended to pursue, why then this resolution might be voted down ; the
bill of the gentleman from Miss .luri might be defeated ; they might depart from
these halls and do nothing for the settlers of the valley of the Columbia, yet let
that threat be carried into effect. Let these Indians be armed, let the first blood
follow the blow of the tomahawk, and would th(. people wait their tardy legislation
before they rr bed to rescue.

Let the news of a massacre on the banks of the Columbia pass over our land, and
their "armed occupation" project for the protection of Oregon would be but an
idle form. It soon would be occupied — armed occupation, too. By whom ? Not
by smooth chinned, neatly-trimmed, and uniformed cadets from West Point, but
by veteran pioneer men from whom old age, though it whitened tlu.ir locks, could
not steal their .strength and fire ; by fierce young hunters, who had heard the war-
whoop in their cradles, who burned to avenge the death of their fathers ; by par-
ties of Nimrod hunters, who, with their belts at their arm and their musket on

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their shoulder, feared nothing, white, red or hhick, in the shape of man. What a
spectacle. A distinguished Hritish statesman had well said, " he who vindicates
the honor of his country vindicates its dearest interests ; for he who vindicates its
honor preserves its peace." When we make a nio\c, let it be an efTect-
ual one. It was worse than idle to patch up a hollow truce. They knew
public opinion told them — that wc must have the valley of the Columbia ; but we
must occupy it alone ; wc must extend our jurisdiction over it. A bill to that
effect — and not only that, but making grants o*" lands to actual settlers — had passed
the Senate at it" last session. It was very possible that such a bill would pass at
the present session ; it certainly would before long. * * * Before this
government promised possession to others, it ought first to take measures to ob-
tain it wholly ourselves. The treaty pointed out how this might be done, and the
present resolution declared that it should be done. Then all scruples would be
over, and wc might erect the territory into a free and independent State — destined
as he trusted to a long career of prosperity and glory, and to preserve and perpetuate
those noble institutions to which we owed our own strength and happiness as a people
— destined, though prairie and wilderness, and mountain might intervene, to be-
come one with us in sentiment and habit, in feeling, and in creed.

Mr. Thomasson, of Kentucky, agreed with Mr. Calhoun, that there was no ne-
cessity for immediate action upon this subject. The pioneers would soon be strong
enough in Oregon to take possession of the territory for themselves.

Mr. Wentworth, of Illinois, was opposed to the policy of the Government and
Great Britain, and was for taking speedy possession of the territory.

By general consent, the matter was passed over for the present.

February 5. Senator Hannegan presented the following joint resolutions from
the State legislature of Indiana :

Whereas, The district of country known as the territory of Oregon right-
fully belongs to our National Government ; and whereas, the insatiate avarice and
grasping spirit of the British Government seems already directed to its subjugation
and conversion ; and whereas, the slightest infringement of national right is a pre-
lude to more high-handed and audacious aggresion ; therefore

Be it resolved, That our senators in Congress be instructed and repiesenta-
tives requested to use their proper instrumentality to provide for the immediate
occupation, organization, and defeuce of Oregon territory, "peaceably if wc can,
forcibly if we must."

Mr. Hannegan said he was happ\^ to say that the resolution had passed with
singular unanimity, both branches of the legislature having adopted it without a
dissonting voice. At a proper time he would take an opportunity to address the
senate on this subject, and would uow content himself with simply moving that
the resolution be laid on the table and printed — agreed to.

Mr. Atchison, of Missouri, presented a memorial from sixty or seventy emi-
grants to Oregon, who say that they have been driven from the territory by the
Hudson's Bay Company.

February, q. During a debate to purchase 1,500 copies of Robert Greenhow's
book on Orel' a, a great deal of interest was manifested in regard to Oregon.

Mr. Archer, of Virginia, said the senator from Missouri (Mr. Benton), was
thoroughly informed while other senators were not.

Mr. Buchanan said he would never agree to relinquish one foot of Oregon.
Our claim to that territory could be substantiated by the treaty of Utrecht only as

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far as the 49°, If wv rested our claim on discovery, it would not extend beyond
the valU-y of the ()ri')^on. Hut if our claim is j^ood as this hook shows us, it rests
on the old vSpanish cli'.ini. This work presents translated copies of old vSpanish
voyaj^es and documents, proving their title and thus, also, ours, hy abundant tes-
timony, up to 54° 40' to a certainty, and beyond that, but for our treaty with
Russia.

Mr Henton — As to the character of our title to Oregon, there was a much
broadtr and clearer claim than any menticjiied in this book, on which we rested.
We settled the territory. The settlement of it was the basis of our claim. lie
could show that our settlement was of a date prior to that of the Hritish. The
British never saw or heard of the Ore.i^on till we discovered it, and put the badge
of our sovereignty upon u. Ihen Great Britain jumped down upon, and
now she was going to fight out her claim. He would assure the gentlemen that
we were not going to have another northeastern boundary (juestion ol' this. It
was not another Massachusetts and Maine (juestion. There was to be no trembling
and j'ielding in this case, as there was in the former one. No trembling hearts
were to be found in the west. This was a western question, and the west had a
regard for national honor. * * * " Before long I will make a speech
on the Oregon question for myself."

On motion the subject was postponed for the present.

Secretary of war, J. M. Porter, in hi iunual report dated Novem-
ber 30, 1843, uses the following language in regard to surveying the
route to Oregon and establishing military posts along the same, which,
evidently, was the policy advanced by Dr. Whitman to that officer,
and i^ ,t had been carried out by the Government woidd have saved
the emigrants of after years great suffering and danger :

By the commencement of topographical surveys west of the Mississippi, it is
thought that assn'-^iice has been given of their prosecution. The results, as far
as ascertained, are highly satisfactory and creditable to the scientific gentlemen
in charge of the respective works. It is hoped that the surveys already com-
menced on the Platte and Kansas rivers may be prosecuted, and that means may
be furnished, and authority given to construct a road through the lands belonging
to the United States, so as to afford a safe and expeditious route for emigrants to
the Oregon territory. This could l)e done at a mo<lerate expense, as there would,
generally, be little to do more than to survey and mark out, and construct bri<lges
over the large streams. The survey should also embrace the proper positions of
militarj- posts which will be found necessarj- for the purposes of keeping the In-
dians in order, preventing misconduct in trading among them, and furnishing
security to travelers crossing the Rocky mountains. At these military posts set-
tlements would soon be formed, and travelers, instead of encountering the
troubles, inconveniences and dangers of a long joun:ey through a wilderness,
would find themselves enjojnng on the whole route, the comforts and security of
civilized life."

Senator W. L. Dayton, of New Jerse}^ on Februarj^ 23d, made a
long speech against the resolution of notification, and reviewed the
whole question in a partial and biased manner, and brought up all the
disparaging articles that had been published about Oregon. The fol-

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PROVISIONAL GOVKRNMENT.

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lowing are two articles that he read. The former, from the Louisville
foiirih'il, .shows a deiiseness of ignorance that is simply appalling, and
if the writer is still living, he certainly must blush at the manner in
which he spoke of a district of country that now comprises three as
prosperous states as there are in the Union. Mr. Dayton said :

I trust I may Lv pardoiit-d here for reiidtiij( ati extract from a western paper
of recent date — [.ouisvillc Jourual — republished in the Xatiomil Intclligoicer^ of
this city. Here it is : " What there is in the territory of Orej^'oii to tempt our
national cupidity, no one can tell. Of all the countries on the face of the earth,
it is one of the least favored of Heaven. It is the mere riddling of creation. It
is almost as barren as the desert of Africa, and quite as unhealthy as the Cam-
pania of Italy. To leave the fertile and salubrious lands on thisside of the Rocky
mountains and to go beyond their snowy summits a thousand miles, to be exiled
from law and society, and to endeavor to extort food from the unwilling sand
heaps which are there called earth, is the maddest enterprise that has ever de-
luded foolish man. We would not be subjected to the innumerable and indescrib
able tortures to a journey to Ore^ - for all the soil its savage hunters ever wan-
dered over. The journey thither, from all accounts, is horrible enough, but it is
piaradisean when contrasted with the wasting miseries which beset the wretched
eungrant when he has reached a point where he fancied his unutterable woes were
to cease, but where lu- finds they are to be increased beyond all endurance. Of
the last party of emigrants that left Missouri for Oregon, only eight died of
starvation before reaching I'ort Hall, which is half way to the country that is
reckoned inhabitable by those who are afllicted with the Oregon mania.

"All the writers and travelers agree in representing Oregon as a vast extent of
mountains and valleys of sand dotted over with green and cultivable spots. This
is the representation given by Cox, Bonneville, Farnham and Hinds. Now that
such a wretched territory should excite the hopes and the cupidity of citizens of
the United States, inducing them to leave comfortable '-oiiies for the heaps of
sand is, indeed, passing strange. Ru.ssia has her vSiberia, and England has her
Botany Bay, and if the United States should ever use a country to which to ban-
ish its rogues and scoundrels, the utility of such a region as Oregon will be
demonstrated." Mr. Dayton said, I read the extract without adopting the senti-
ments as to the character of the country in the full extent ; but this description
in a paper of the west so widely circulated as the f.ouisviUc Journal, is evident to
my mind that public sentiment there in behalf of the settlement of Oix-gon is not
so universal as some gentlemen have presented it. I desire here to (hsclaim any
intention to burlesque till; subject or feelings of senators who seem to be extremely
sensitive upon the point. With the permission, theiefore, of the senate, I will
call attention to another extract of a grave tone, and from a paper above all
exception. I read from the C/irisiian .Idx'ocate of the yth of this month (Feb-
ruary): " The west has land enough yet to settle and improve at home. The
population cannot be so crowded for half a century to come as to be willing to
incur the liorrors of war to acquire waste lands on the other side of the globe.
Indeed, when we take into view the inducements which must be offered to a
people circumstanced as the inhabitants of the western states and territories are,
in order to induce them to emigrate and compare them with the Oregon territory
presents, we should be inclined to think, the representation of their feelings as
having been made on very insufficient grounds. We have some opportunity, from
our position, to form a correct estimate of the soil, clirrite, productions and

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facilities of the country from the Rocky mountains to the Pacific ocean, as we
have had a large mission there for several years, distributed in small parties over
the territory; and, from all we have learned, we should prefer migrating to
Botany Bay. With the exception of the lands on the Wallamette, and strips
along a few of the smaller water courses, the whole is among the most irreclaim-
able barren wastes of which we have read, except the desert of Sahara. Nor is
this the worst of it. The climate is so unfriendly to human life, that the native
population has dwindled away, under the ravages of its malaria, to a degree which
defies all history to furnish a parallel in so wide a range a country ; and the scat-
tered remnants of the wandering tribes of Indians who still remain exhibit a
degree of decrepitude, loathsome disease and moral degradation which is un-
known among any other portion of the aborigines. So entirely sunken and sub-
dued are these wretched people, and so rapid has been their decay, that they pre-
dict their own annihilation from the ' cold sickness,' as they have learned to call
the ague, which is a prominent symptom of the terrible malady which annually
visits them in all their wanderings."

Mr Day toil then proceeded to argue that the country was not worth

contenaing for, it was 18,000 miles by the way of Cape Horn and 5,000

across the continent, and entirely too far for any practical use, and the

long journey by teams was a great undertaking; and as to building a

railroad, he says :

"The power of steam has been suggested. Talk of steam commimication —
a railroad to the mouth of the Columbia ? Why, look at the cost and bankrupt
condition of railroads proceeding almost from your capitol, traveling your great
thoroughfares. A railroad across 2,500 miles of prairie, of desert, and of mount-
ains ! The smoke of an engine through those terrible fissures of that great rocky
ledge, where the smoke of the volcano has rolled before ! Who is to make this
vast internal, or rather external improvement? Whence is to come the power ?
Who to supply the means? The mines of Mexico and Peru disembowled would
scarcely pay a penny on the pound of the cost. Nothing short of the lamp of
Aladdin would suffice for such an expenditure. The extravagance of the sugges-
tion seems to me to outrun (jverythi.ig which we know of modern scheming. The
South Sea bubble, the Dulchnian's speculation !ii tulip roots, our own in town lots
and niulticanlis, are a'l commonplace plodding in comparison."

The above is a specimen of Mr. Dayton's argutnent through fifteen
columns of the G/o/je, using ridicule in place of arijument in many jjlaces.
It is strange that men with the ability of senators Dayton and Choate,
and po.ssessing such opportauities of informing themselves at that late
day in history and geo^raph}-, should use such language, without
heeding the mighty achievem^'uts that were even then being inaugu-
rated. Within two dr?ades of the time in which they spoke railroads
spanned the continent i;. several places, with parallel lines of telegraph;
a cable con\-eyed iu-L .igence beneath the (jcean's waves, while
in less than fifty ytnrs from that date, half a dozen States were admit-
ted into the Union all, with one excption formed out of country only
to be compared to Botany Bay.

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Mr. Breese in reply to Messrs. Dayton and Choate brought forward
considerable evidence that was apparently new, but as this debate is
growing so long, I will only give one of his quotations :

"Captain Spaulding, who visited Oregon in 1S41 says: ' The colony of the
United States is situated on the Willamette, a branch ot the Columbia, about ninety
miles from its mouth, which is undoubtedly the finest grazing and wheat coxmtry
in Oregon ; at present it consists of seventy families, who raise considerable grain,
and have about 3,000 head of cattle. The mission, last year, raised 1,000 bushels
of wheat, and made butter, chee-e, &c., for their own use. They have ^00 head of
cattle, and 200 horses, and last year they sowed 400 bushels of wheat, 120 of peas,
and planted a large quantity of potatoes and vegetables of every description. They
have bogs, poultry, &c., in abundance. Last year they raised over, 1,500 bushels
of potatoes. The extent of the country comprising the Willamette valley is about
300 miles long, and 200 broad, interspersed with ravines of wood, generally of suf-
ficient quantities for fuel and fencing. The land, in its natural state is ready for
the plough, and is very fertile, producing from 25 to 40 bushels of wheat to the
acre, and the climate so mild that the cattle subsist in the fields without fodder,
or shelter of any kind being prepared or provided for them through the winter.
Salmon can be taken at Willamette falls ( which, however the British have taken
possession of, and compelled our people to build mills at the falls above ) with lit-
tle trouble from May to September, in almost any quantity. I have no hesitation
in saying that 10,000 barrels might be taken per annum. Probably noplace in the
world offers greater inducements to emigrants. Provisions might readily be pro-
cured to support 1,000 emigrants at any time.' "

To the speech of Mr. Dayton, Senator Buchanan, of Pennsylvania, said : " I
feel deeply impressed with the importance of the qucoUuu under discussion, and
for the necessity which exist for its speedy adjustment. My conviction is strong
that a peaceful settlement of this question can only be accomplished by prompt
but prudent action on the part oT this Government. We are all anxious that it
should be settled in peace ; yet I am firmly convinced that the mode by which
Senators on the other side desire this end will utterly fail. .Vlready we are send-
ing numerous emigrants every year across the Rocky mountains ; we are sending
them without the protection of law, and without the restraint of civil government.
We must send them laws and a regular form of Government. We must take them
under our protection if we would prevent collisions lictween them and ihe British
occupants — the servants and people of the Hudson's Bay Company. This we must do,
if we would preserve peace between the two naLioUs. Mr. Buclianan said he cared lit-
tle as to the mere form of the resolution. " This I shall say however, we ought not
to expect the President, under existing circumstances, to assume the responsibility
of giving the proposed notice for the terminating of treaty of joint occupancy,
without the sanction of both houses of Congress. The treaties of i8i8and 1827, are
the law of the land. The third article of the convention of the 2t)th of October,
1818, and extended in 1827, subject, however, to the condition, that either of the
parties ' on giving due notice of twelve months to the other contracting party,
might 'annul and abrogate tliis convention.' The question is, shall we a<lvise
the President to give this notice? If our Government sliould give this notice it
would restore eacli party to its original rights. The northern boundary of Mexico,
on the Pacific is the forty-second parallel of nortli latitude. By separate trea*.ies
between the United States and Russia, and Great Britain and Russia, this pcwer
has relinquished all claim to any territory on the northwest coast of America,

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south of tlie latitude of 54° 40'. The territory in dispute embraces that vast region
extending along the Pacific ocean, from the 42° of north latitude to 54° 40' north,
and running east along these respective parallels of latitude to the summit of the
Rocky mountains. Now, sir, to the whole of this territory — to every foot of it — I
believe most firmly that we have a clear and conclusive title."

This debate was long and acrimonious, and Senator Buchanan referr-
ed to the celebrated Oswald map, on which was marked the boundary
in a broad red line between the United States and Canada, drawn by
Mr. Oswald, who was the British Commissioner at Paris who made the
preliminary treaty in 1782, which was confirmed in 1783. This map
was marked by order of King George III, and written upon in the
King's own hand, "this is the boundary line." After the death of
King George III, the map was removed to the private office in the foreign
office and there kept secretly. By this low trickery of the British
ministry, they were enabled to secure a much more advantageous treaty
in regard to territory and stragetical points in case ot war. Some of
the Senators were inclined to doubt the statement, but Mr. Buchanan
produced the proof by an official report of the Parliamentary debates,
but it was too late to repair the defect.

The truth is, that for some reason, our negotiators were never equal
to the British agents, and then to add still more to our disgrace, Con-
gress itself seemed indifferent, and would at any period spend ten times
more time in discussing an abolition petition or any other question
where the everlasting " nigger" would appear than the interest of a
domain that has since proved to be more than a hundred times as valu-
able. The history of Congressional action in regard to the Pacific
coast from the earliest days of the rise of our interest, up to our admis-
sion as a State, has been a disgrace to any Government, and especially
to ours. Neglected for years while struggling to overcome British in-
fluence, exerted through the Hudson's Bay Company, compelled to
carry on a war and conquer a savage tribe of Indians, without assist-
ance. Even when compelled by dire necessity, an appeal was made,
we were left to struggle as best we could, while the Government
to pander to a domineering southern majority declared an unjust war
on a friendly nation and robbed it of a vast and valuable territory for
the purpose of creating a new slave State in order to keep a political
equilibrium.

The action of our Government even after territories were organized
was anything but just and equitable. When the savage Indians at-
tacked the settlements and brought on war, the volunteers were not
paid justly for service or material furnished, and to this day payment

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is resisted for property destroyed b}-^ the Indians. This indiflference of
our Government allowed the Hudson's Bay Company to rob the coun-
try of over $30,000,000 in furs during the time that they possessed the
country under joint occupancy, and came near turning the whole pos-
session over to the British Government, instead of that portion now
known as British Columbia, that justly belonged to the United States
according to the treaty of Utrecht.

Mr. John Dunn, who was for eight years a clerk of the Hudson's
Bay Company, during most of that time being stationed at Fort Van-
couver, returned to England in 1844, and in a book published that
same year, speaking of the immigrants coming to Oregon says :

" Though several parties have penetrated into Oregon from the United States,
through the Rocky mountains, yet it may be safely asserted, from concurrent tes-
timony of trappers and traders, and settlers, who have themselves passed these
natural barriers, that the difficulties are so numerous and formidable, and the time
necessary for the passage so long, that there is no secure, expeditious or commodi-
ous track, which can ever be used as a highway to afford facilities for an influx
of emigrants overland. Several routes have been tried of late, and each differs
only from the other in the privations which the passengers undergo. None but
the wild and fearless trappers can clamber over these precipices, and tread these
deserts with security; and even these are quiting them as haunts, and now using
them only as unavoidable tracks. It is true, there have been published more favor-
able accounts within the last year or two by p irties who have made the journey
safely, and who encourage others to make a similar experiment. But these ac-
counts are in such a spirit of bravodo, and accompanied with expressions of thank-
fulness by the parties for tlieir own success, that they are indirect proofs of the
difficulties and danger of the undertaking, and of the utter hopelessness of such a
rente for general purposes. For hundreds of miles, the several tracks present
nothing but frightful barrenness under foot, and overhead, scorching heat, or pierc-
ing cold. The country even west of the Rocky mountains, is broken with tower-
ing cUffs, deep ravines, and sunken streams, from which the traveler cannot draw
a drop to allay his burning thi.st ; and the soil is either sandy, in which he sinks
at every step ; or of a black, rugged stone, which tears his feet. The travelers
have been obliged to feed on the lean carcasses of their animals, which have died
from hunger, thirst or fatigue."

It seems strange that Dunn should write in that strain when he
ought to have known that emigrants had successftiUy crossed the plains
two years before ( 1842). But his whole book was written in that
spirit ; everything English was good, — everything American bad,
who indulged in braggadocio and bordering on robbery atid other dis-
reputable conditions of affairs.

There has been considerable discussion whether Dr. Marcus Whit-
man went to Washington City at the time he made his celebrated
winter trip ( 1842-3), across the motintains. The following letter on

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148

brown's political history.

1844

file in the war department written to Secretary of War, James M, Por-
ter, in the handwriting of Dr. Whitman should settle the question that
he was at that city, and undoubtedly had interviews with the President
and most of his cabinet. On the original is the endorsement, ' ' Mar-
cus Whitman, enclosing synopsis of a bill, with his views in reference
to importance of the Oregon Territory, War 382, Rec. June 22, '44."

This document was copied from the original by Hon. Henry H.
Gilfry.

To the Honorable Javies M. Porter, Secretary of War :

Sir: — In compliance with the request you did me the honor to make last
v.-inter while at Washington, I herewith transmit you the synopsis of a bill which,
if it could be adopted, would, according to my experience and observation, prove
highly conducivr to the best interests of the United States generally, to Oregon,
where I have resided for more than seven years as a missionary, and to the Indian
tribes that inhabit the intermediate country.

The Government will doubtless now for the first time be apprised through
you and by means of this communication, of the immense migration of families
to Oregon which has taken place this year. I have, since our interview,
been instrumental in piloting across the route described in the accompanying
bill, and which is the only eligible wpgon road, roless than [21x3] families consist
ing of 1,000 persons of both sexes, with their wagons, amounting in all to more
than 120, 694 oxen and 973 loose cattle.

The emigrants are from different states, but principally from Missouri, Arkan-
sas, Illinois and New York. The majority of these are farmers lured by the pros-
pects of Government bounty in lands, by the reported fertility of the soil and by
the desire to be first among those who are planting our institutions on the Pacific
Coast.

Among them, also, are artisans of every trade composing, with farmers, the
very btst material for a new colony. As pioneers, these people have undergone
incredible hardships, and having now safelj' passed the Blue mountain range with
their wagons and effect, have established a durable road from Missouri to Oregon,
which will serve to mark permanently the route for larger numbers each succeed-
ing year, while they have practically demonstrated that wagons drawn by horses
or oxen can cross the Rocky mountains to the Columbia river, contrary to all the
sinister assertions of those who pretended it to be impossible.

In their slow progress these persons have encountereil, as in all former
instances, and as all succeeding emigrants must, if this or some similar l)ill be not
passed by congress, the contiimal fear of Indian -.iggression , the actual loss
through them of horses, cattle and other property, and the great labor of trans-
porting an adetjuate amount of provisions for so long a journey. The bill here-
with proposed would in a great measure lessen these inconveniences by the estab-
lishment of posts which, while they pos.sessed power to keep the Indians in check,
thus doing away with the necessity of constarit military vigilance on the part of
the traveler by day and night, would be able to furnish them in transit with fresh
supplies of provision, diminishing the original burdens of the emigrants and
finding thus a ready and profitable market for their produce, a market that would,
in my opinion more than suflice to defray all the current expenses of such posts.
The present party are supposed to have expended no less than two thou,sand dol-

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PROVISIONAL GOVERNMENT.

149

lars at Laramie's and Bridger's forts, and as much more at Fort Hall and Fort
Boise, two of the Hudson Bay Company's stations. These are at present the only
stopping places in a journey of twenty-two hundred miles, and the only places
where additional supplies can be obtained, even at the enormous rates of charge
called mountain prices, /. <?. fifty dollars the hundred for flour, and fifty dollars
the hundred for coffee, the same for sugar and powder, etc.

Many cases of sickness and some deaths took place among those who accom-
plished the journey thi.s season, owing in a great measure to the uninterrupted
use of much salt and fish with flour, which constitute the chief articles of food
they are able to carry in their wagons, and this would be obviated by the vegetable
productions which the posts in contemplation could ver}- profitably afford them.
Those who rely upon hunting as an auxiliary support, are at present unable to
have their arms repaired when out of order; horses and oxen become tender
footed and require to be shod on this long journey, sometimes repeatedly, and the
wagons repaired in a variety of ways. I mention these as valuable incidents to
the proposed measure, as it will al.so be found to tend in many other incidental
ways to benefit the migratory population of the United States choosing to take
this direction, and on these accounts, as well as for the immediate use of the
posts themselves, they ought to be provided with the necessary shops and
mechanics, which would at the same time exhibit the several branches of civil-
ized art to the Indians.

The outlay in the first instance must be but triflng. Forts like those of the
Hudson Bay Company, surrounded by walls enclosing all the buildings, and con-
structed almost entirely of adobe, or sun-dried bricks with stone foundations
only, can be easily and cheaply erected. There are very eligible places for as
many of the.se as the Government will find necessary, at .suitable distances, not
further than one or two hundred miles apart, at the main crossing of the principal
streams that now form impediments to the journey, and con.sequently well sup-
plied with water, having alluvial bottom lands of a rich quality and generally
well wooded. If I might be allowed to suggest the best sites for said posts, my
personal knowledge and observation enable me to recommend first, the main
cros.sing of the Kansas river, where a ferry would be very convenient to the
traveler and profitable to the station having it in charge: Next, and about eighty
miles distant, the crossing of JUue river, when in times of unusual freshet, a ferry
would in like manner be useful. Next, and distant from one hundred to one
hundred and fifty miles from the last mentioned, the Little Blue or Republican
fork of the Kansas. Next, and from sixty to one hundred miles distant from the
last mentioned, the point of intersection of the Platte river. Next, and from one
hundred to one hundred and fifty miles distant from the last mentioned, the cross-
ing of the South Fork of Platte river. Next, and about one hundred and eighty
or two hundred miles distant from the last mentioned. Horse Shoe creek, which
is about forty miles west of Laramie I'\)rk in the Black Hills. Here is a fine
creek for mills and irrigation, good land for cultivation, fine pasturage, timber
and stone for building. Other locations may be had along the Platte and Sweet-
water, on the Green river or Black's or Ham's fork, on the Bear river near the
great soda springs, near I-'ort Hall and at suitable places down to the Columbia.
These localities are all of the best description, so situated as to hold a ready inter-
course with the Indians in their passage to and from the ordinary buffalo hunting
g'ouuvis, and in theuuselves ?o well situated in all other respects as to be desirable
to private enterprise if the usual advantages of trade existed. Any of the farms
above indicated would be extremely valuable in the States,

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BROWN S POLITICAL HISTORY.

1844

1 1

INI:

The Government cannot long overlook the importance of superintending the
savages that endanger this line of travel, and that are not yet in treaty with it.
Some of these are already well known to be led by desperate white men and mon-
grels, who form banditti in the most difficult passes, and are at all times ready to
cut off some lagging emigrant in the rear of the party, or some adventurous one
who may proceed a few miles in advance, or at night to make a descent upon the
sleeping camp, and carry away or kill horses and cattle. This is the case even
now, in the commencement of our western emigration, and when it comes to be
more generally known that large quantities of valual^le property and considerable
sums of moricy are yearly carried over this desolate region, it is to be feared an
organized banditti will be instituted. The posts in conteni] lation would effectually
counteract this. For that vmrpose they need not, nor ou^ht not to be military
establishments. The trading posts in this country have never been of such a char-
acter, ami jet, with very few men in them, have for years kept the surrounding
Indians n the most pacific disposition, so that the traveler feels secure from
molestati ni upon approaching Fort Laramie, Bridger's Fort, Fort Hall, etc.

The same can be obtained without any considerable expenditure by the Gov-
ernment, while, by investing the officers in charge with conipcteint authority, all
evil disposed white men, refugees from justice, or discharged vagabonds from the
trading posts might be easily removed from among the Indians and sent to the
appropriate states for trial. The Hudson's Bay Company's system of rewards
among the savages would soon enable the posts to root out these desperadoes. A
direct and friendly intercourse with all the tribes, even to the Pacific, might be
thus maintained. The Government would become more intimately acquainted
with them and they with the Government, and instead of sending to the state
courts a manifestly guilty Indian to be arraigned before a distant tribunal, acquitted
for the want of testimony by the technicalities of lawyers and of laws unknown to
them, and sent back into this wilderness loaded with presents as an inducement to
further crime, the posts should be enabled to execute summary justice as if the
criminal had already been condemned b}- his tribe, because the tribe will be sure to
deliver up none but the party whom they know to be guilty. They will in that way
receive the trial of their peers, and secure within themselves, to all intents and
purposes, if not technically, the trial by jury yet the spirit of that trial. There are
many powers which ought to reside in some person on this extended route for the
convenience and even necessity of the public.

In this the emigrants and the people of Oregon are no more interested than
the resident inhabitants of the States. At present, no person is authorized to ad-
minister an oath or legally attest a fact from the western line of Missouri to the
Pacific. The emigrant cannot dispose of his proporty at home, although an op-
portunity ever so advantageous to him should occur after he passes the western bor-
der of Missouri, and no one can here make legal demand and protest of a promissory
note or bill of exchange. No one can secure the vahiable testimony of a mount-
aineer or of an emigrating witness after ne has entered this, at present, lawless
country. Causes do exist, and will continually arise in which the private rights of
citizens are, and will be seriously prejudiced by such an utter absence of legal au-
thority.

A contraband trade from Mexico, the introduction from that country of licjuors
to be sold cniongthe Indians west of the Kansas river, is already carried on with the
mountain trappers, and very soon the teas, sii^s, nankins, spices, camphor and
opium, of the East Indies will find their way, duty free, through Oregon, across

1 844

PROVISIONAL GOVERNMIiNT.

151

the mountains and into the States, unless custom house officers along this line find
an interest in intercepting them.

Your familiarity with the Government policy, duties and interest, render it
unnecessary for me to more than hint at the several objects intended by the en-
closed bill and any enlargement upon the topics here suggested, as inducements
to its adoption .would be quite superfluous, if not impertinent. The very existence of
such a system as the one above recommended, suggest the utility of post-office and
mail arrangements, which it is the wish of all who now live in Oregon, to have granted
to them, and I need only add, that contracts for this purpose, will be readily
taken at reasonable rates for transporting the mail across from Missouri, to the
mouth of the Columbia in fort3'days, with fresh horses at each of the contempla-
ted posts.

The ruling policy proposed regards the Indians as the police of the country
who are to be relied upon to keep the peace, not only for themselves, but to ex-
pel lawless white men and prevent banditti, under the salutary guidance of the
superintendents of the several posts, aided by a well directed system of bounty to
induce the punishment of crime.

It will be only after a failure by these means to procure the delivery or punish-
ment of violent, lawless and savage acts of aggression, that a band or tribe should
be regarded as conspirators against the peace, and punished accordingly by force
of arms.

Hoping that these suggestions may meet your approbation , and conduce to
the future interest of our growing colony.

I have the honor to be

j/^i^A..-rti^ ^'^^^C'^^i^^^^^^*^

Title of the Proposed Act.

A bill to promote safe intercourse with the territory of Oregon, to suppress violent
acts of aggression on the part of certain Indian tribes west of the Indian ter-
ritory, Neosha, better to protect the revenue for the transportation of the mail
and for other purposes.

Synopsis of the Act.

Section i. Be it enacted by the senate and house of representatives of the
United States of America in congress assembled, That from ana after the pas-
sage of this act, there shall be established at suitable distances and in convenient
and proper places, to be selected by the president, a chain of agricultural posts, or
farming stations, extending at intervals from the present most usual crossing of
the Kansas river west of the western boundary of the vState of Missouri, thence
ascending the Platte river on its scutliern border, thence through the valley of the
Sweetwater to I''ort Hill, and thence to the settlements of the Willamette in the
territory of Oregon, which said posts shall have for tlicirobject, to set examples of
civilized industry to the several Indian tribes, to keep them in proper subjection to
the laws of the United States, to suppress violent and lawless acts along the said

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152

brown's political history.

1844

line of frontier, to facilitate the passage of troops and munitions of war into and
out of the said territory of Oregon, and the transportation of the mail as hereiu-
after provided.

Sec. 2. And be it further enacted, That there shall reside at each of the said
posts one superintendent, having charge thereof, with full power to carry into effect
the provisions of this act, subject always to such instructions as the President may
impose. One deputy superintendent to act in like manner in case of the death,
removal or absence of the superintendent ; and such other artificers and laborers,
not exceeding twenty in numl)er, as the said superintendent may deem necessary
for the conduct and safety of the said posts, all of whom shall be subject to his
appointment and liable to his removal.

Sec. 3. And be it further enacted, That it shall be the duty of the President
to cause to be erected at each of the said posts suital)lc buildings for the purposes
herein contemplated, to-wit : One main dwelling house, one store house, one
blacksmith and gunsmith shop and one carpenter shop, with such and so many
other buildings for storing the products and supplies of the said posts as he may,
from time to time, deem expedient. To supply the same with all necessary imple-
ments of mechanical art and agricultural labor incident thereto, and with all such
other articles as he may judge requisite and prober for the safety, defense and com-
fort thereof.

To cause said posts, in his discretion, to be visited by detachments of troops
stationed on the western frontier, to suppress, through the said posts, the sale of
munitions of war to the Indian tribes in case of hostilities, and annually to lay
before congress at its general session full returns, verified by the oaths of the said
several superintendents, of the several acts by them performed, and of the condi-
tion of the said posts, with the income and expenditures growing out of the same
respectively.

Sec. 4. And be it further e^iactcd, That the said superintendents shall be
appointed by the President, by and with the advice and consent of the senate, for
the term of four years with a salary of f 2,000, payable out of any moneys in the
treasury not otherwise appropriated. That they shall respectively take an oath
before the district judge of the United States for the western district of Missouri,
faithfully to discharge the duties imposed on them in and by the provisions of this
act, and give a bond to the president of the United States, and to his successor in
office and assigns, with sufficient security, to be approved by the said judge, in at
least the penality of 125,000, conditioned to indemnify the President, his successors
or assigns, for any unlawful acts by them performed, or injuries committed by
virtue of their offices, which said bonds may be at any time assigned for prosecu-
tion agiiinst the said respective superintendents and their sureties, upon applica-
tion to the said judge at the instance of the United States district attorney, or of
any private party aggrieved.

Skc. 5. And be it further enacted. That it shall be the duty of said superin-
tendents to cause the soil adjacent to the said posts, in extent not exceeding six
hundred and forty acres, to be cultivated in a farmer like manner, and to produce
thereon, such articles of culture as in their judgment shall be deemed the most
profitable and available for the maintenance of the said posts, for the supply of the
troops and other Government agents which may from time to time resort thereto,
and to render the products aforesaid adequate to defraying all expenses of labor in
and about the said posts, and the salary of the said deputy superintendent without
resort to the treasury of the United States, remitting to the secretary of the treas-
ury yearly a sworn statement of the same, with the surplus moneys if any there be.

mmt

Wf'

1844

PROVISIONAL GOVERNMENT.

153

Sec. 6. And be it further eftacted, That the said several superintendents of
posts shall ex-officio be superintendents of Indian affairs, west of the Indian Ter-
ritory, Neosho, subordinate to, and under the full control and supervision of the
Commissioner General of Indian Affairs at Washiuj^ton. That they shall by virtue
of their ofBces be conservators of the peace, with full powers to the extent herein-
after prescribed in all cases of crimes and misdemeanor, whether committed by
citizens of the United States, or by Indians within the frontier line aforesaid. That
they shall have power to administer oath, to be valid in the several courts of the
United States, to perpetuate testimony to oe used in any of the said courts ; to take
acknowledgment of deeds and other specialties in writing, to take the probate of
wills and testaments executed upon the said frontier, and of which the testators
shall have died in-transitu between the State of Missouri and the Territorv of Ore-
gon, to do and certify all notarial acts, and to perform the ceremony 01 .. arriage
with as legal effect, as if the several acts above enumerated, had been performed by
the magistrates of any of the States having power to perform the same.

That they shall have the power to arrest and remove from the line aforesaid,
all disorderly while persons and all persons, inciting the Indians to hostilities, and
to surrender up all fugitives from justice, upon the requisition of the Governor of
any of the States ; that they shall have power to demand of any of the several tribes
within the said frontier line, the surrender of any Indian or Indians, committing
acts in contravention of the laws of the United States, and in case of such surren-
der to inflict punishment thereon, according to the tenor and effect of the said
laws without further trial, presuming, such offending Indian or Indians, to have
received the trial and condemnation of the tribe to which he or they may belong ;
to intercept and sieze all articles of contraband trade, whether introduced into
their jurisdiction in violation of the acts, imposing duties on imports or of the acts
to regulate trade and intercourse with the several Indian tribes, to transmit the
same to the marshal of the western district of Missouri, together with the proofs
necessary for the confiscation thereof, and in every such case, che superintendent
shall be entitled to, and receive one-half of the sale value of the said confiscated
articles, and the other half be disposed of, as in like cases arising under the exist-
ing revenue laws.

Sec. 7. And be it further enacted. That the several superintendents shall have
and keep at their respective posts, seals of office for the legal authentication of
their public acts herein enumerated and that the said seals shall have as a device,
the spread eagle with the words " U. S. Supcrintendency of the Frontier," en-
graved thereon.

Sec. 8. And be it further enacted, That the said superintendents shall be
entitled in addition to the salary herein before granted, to the following perquis-
ites and fees of office to-wit : I'^or the acknowledgment of all deeds and other
written specialties, the sum of one dollar ; for the administration of all oaths,
twenty-five cents; for the authentication of all written instruments, one dollar ; lor
the perpetuation of all testimony to be used in the United States courts, by the
folio, fifty cents ; for the probate of all wills and testaments, by the folio, fifty
cents ; for all other writing done by the folio, fifty cents ; for solemnizing marri-
ages, two dollars, including the certificate to be given to the parties ; for the sur-
render of fugitives from justice in addition to the necessary costs and expenses of
arrest and detention, which shall be verified to the demanding Governor, by the
affidavit of the Hiiperintendcnt, ten dollars.

Sec. 9. And be it further enacted. That the said superintendents shall by
virtue of their offices be postmasters at the several stations, for which they are ap-

■1

154

brown's politicai. history.

1844

l8^

z
, I

pointed, and as such, shall be required to facilitate the transportation of the mail
in its transit to and from the Territory of Orejifon, and the nearest post office with-
in the State of Missouri, subject to all the regulations of the post office department
and with all the immunities and privilej^es of the postmasters in the several
Sta es, except ihat no additional compensation shall be allowed them for such ser-
vices, and it is hereby made the duty of the Postmaster General to cause proposals to
be issued for the transportation of the mail along the line of said posts, to and from
the said territory, within six months after the passage of this act.

Skc. 10. And be it further enacted. That the sum of thousand dol-
lars, be and the same is hereby appropriated out of any moneys in the treasury not
otherwise appropriated, for the purposes of carrying into effect the several provis-
ions of this act.

[endorskment.]

Marcus Whitman, enc. synopsis of a bill, with his views in reference to impot.
of the Oregon Terry, War 382. Rec. June 22, '44.

Signature of Dr. Whitman.

War Department, \
Washington, March 3, 1892. /
Sir : The department is in receipt of your letter of the 22d ultimo, requesting
to be furnished with a tracing of the signature of Dr. Marcus Whitman for use in
your forthcoming history of the State of Oregon, and in response thereto, please
find inclosed a copy of the signature taken from the letter of Dr. Whitman, with-
out date, but received at the War Department, on June 22d, 1844.

With reference to your request to be advised whether any information is of
record, showing the presence of Dr. Whitman at the War Department in the winter
of 1843 and 44, it is remarked that no record is found of his calling at the depart-
ment, other than that given in the opening paragraph of the letter above referred
to, a copy of which you state is now in your possession.

Very respectfully,

S. B. ELKINS,
J. Henry Brown, Esq., Secretary of War.

Portland, Oregon.

(Tracing of signature herewith).

Mr. Benton's Prediction
Extract from a speech delivered in St. Louis, Oct. 19, 1844.

" I say the man is alive, full grown, and is listening to what I say ( without be-
lieving it perhaps, ) who will yet see the .\siatic commerce traversing the north Pacific
ocean — entering the Oregon river — climbing the western slope of the Rocky mount-
ains — issuing from its gorges — and spreading its fertilizing streams over our wide-
extended union ! The steamboat and the steam-car have not exhausted all their
wonders. They have not yet found their amplest and most appropriate theatres — the
tranquil surface of the North Pacific ocean, and the vast inclined plains which
spread cast and west from the base of the Rocky mountains. The magic boat, and
the flying car, are not yet seen upon this ocean, and upon this plain, but they will
be seen there ; and St. Louis is yet to find herself as near Canton, as she is now to
L/Ondon, with a better and safer route, by land and sea, to China and Japan, than
she now has to France and Great Britain."

NoTKS. — Hon. I. L,. Babcock resigned as Supreme Judge, Nov. 11,

1844.

The emigration of 1844, numbered 475.

Fot

Tc,

Suj

Sh,

'V*f\

1844

PROVISIONAL GOVKRN'MENT.

155

Elccliou Returns, May //, iS//.

CaNDIDATKS I'OK Ol'lMCK,

For Executive Committee —

P. (i. Stewart

(). Russell

Alan sou Beers -- -

Jesse Applej^ate -

P. H. Hurnett -.

Hu)^h Hums

David Hill

W.J. Bailey -

Wtn. Dauj.(herty

A. I<. I<ovejov

Robert Newell

A.J. Hembree

Wni. Geiger

C. Spencer

Territorial Recorder or Clerk —

Dr. J. E. Long

. O. lohnson

C. M. Walker

J. G. Campl)ell

A. K. Wilson

F. X. Mathieu

Suprejne Court Judge —

I. Iv. Babcock .

J. W. Nesmith

P. H. Burnett

P. C-. Stewart ..

''nssell

in son

nil Treasurer —

Foster

Ninevali Ford - ._. . .

P. H. Hatch .

A. E. Wilson --

J. E. Long

W. C. Remick

Sheriff—

Joseph L. Meek

B. Harragus

Wm. Holmes

Legislative Committee —

M. Gihnore

P. H. Burnett

David Hill

M. M. McCarver

W. T. Perrv: . -

T. D. Keizer

Daniel Waldo

R. Newell .-

W. H. Gray

W.J. Baile'v

T. C. Cason

O.
ft
Ten
1

C
V.

41
40
21
II
10

6
6
3
3
2
2
I

39
16

40
4
4
2
I
I

64
2
I

15
22
10

23
10

7
26

24
20

S.
o"

182

•4

67
75
75
20
1 1
iS

140

24J

1 1

III

7'^

12
I
7
7

5
2

48
10

4
2
I
I

143
2
I

27
32
24
20
8
67
75
75
20
1 1
18

"No returns from Klakanius District for Legislative Committee.

156

hkown's political history

1844

i Ji. :,.

Treasurer's Reports

Amount of money received |Si 50

" paitlout 91 50

IWsent Liabilities,

Due on Geo. W. I<e Breton's draft - 900

Commission on $Hi 50 at 5 per cent 407

Total' .-$94 57

Amount received 81 50

Total due -. - ^ — $13 "7

W. H. WILLSON, Treasurer, O. T., 1844.

Legislative Committee report on Treasurer' s report. 1844.

Dr. Cr.

To copying laws, &c. by Geo. \V. Le Breton % 90 cx5

To books purchased of J. A. O'Neil. 10 00

To delivery of same .. 5 cjo

Total

By subscription paid

Amount due on account rendered.

Total

-$105 00

«i 50
23 50

$105 CX)

Salaries of Officers.

Members of Executive Committee per annum fioo 00

" " Legislative Committee per diem 2 00

Assessor per diem ■? 00

Appropriations.

Pay of legislature -.Jioo 00

" assessor, (1844) 6(j 00

" sheriff 11196

" secretary 9600

" jurries 30 00

" circuit attorney ( A. L. Lovejoy ) 50 00

" rent legislative hall (J. K. Long) 20 00

" keeping lunatics or insane 5ck; 00

Total $967 96

Treasurer' s Report.

Received of collector of taxes $313 13

" for licenses, two ferries 4000

" " fine 500

Total ---$35S 31

I TlieTe was no date attiiclied to this report, except the year, but it evidently was made at the

May iiicetinK of ihe I^egislalive Comniitlee of 1844.

1 844 PROVISIONAL GOVKRNMKNT. 157

Kxpemled for statioii'.ry - ..)f 20 3S

V. Hathdway, rent of house '5 ""

Judge Hahcock's salary - - - 6t) 00

Services of Secretary in house -_. 20 (XJ

Total - --- #11538

Balance in treasury - $^\^ 93

(Signed) THILIP FOSTER, Treasurer.

Dec. i«, 1844.

1846.

lilt ^

Ei-ECTioN OF Governor and other officers ; Meeting of the Legvla-
TivE Committee; Memorial to Congress; Copy op SArii, to vr. sent
East by Dr. White; Amended Organic Law; Second sEb.:. on of the
Legislature; Applegate's resolution; Protest against; Pilot
Launch ; Law against duelling ; Complimentary resolutions to Dr.
White ; Vote rescinded and Dr. White requested to return the
papers; His reply; Mr. Applegate's resolution; Congressional —

PliESIDENT'S message ; DiPLOMATICAL CORRESPONDENCE — Mr. FOX TO MR.

Webster — Aberdeen's note ; Webster to Fox ; Pakenham to Upshur ;
Reply of Upshur ; Pakenham to Calhoun ; Protocols ; British pro-
posals ; Pakenham and Buchanan letters ; Notes — election returns
AND reports.

THE year 1S45 opened with con.siderable political activity in the
country. Public meetings were held in the different districts
and nominations made for members of the Legislative Com; littee,
while delegates Vv'ere sent to a convention to meet at Champ* eg to
nominate candidates for Governor, Supreme Judge, and Terri orial
Recorder. The most prominent candidates for governor, were A.
Lawrence lyovejoy, George Abernethy, Osborn Russell and Dr. Wm. J.
Bailey. The contest resulted in the nomination of Mr. Lovejoy for
Governor ; James W. Nesmith for Supreme Judge and Dr. John E.
Long, for Territorial Recorder. The nomination of Lovejoy was so
distasteful to Russell's friends, that they combined with the adherents
of Abernethy, and elected the latter by a majority of 98 in a vote of
504 cast.

For the office, of Territorial Treasurer, Philip Foster was nominat-
ed, but was defeated b}' Francis Ermatinger, a clerk of the Hudson's
Bay Company, by a majority of 54 out of a vote cast of 448. Mr. Er-
matinger receiving the .solid vote of the French. Mr. F'oster attempted
to conte.st this election at the next session of the Legislature, which
met August 5, i84^s, fit Oregon City, but failed

The officers and members of the Legisl e elected at this June
election were : Governor, George Al)erneth_> , Territorial Recorder,
Dr. J. E. Long ; Territorial Treasurer, Francis Ermatinger ; Supreme

1845

PROVISIONAL GOVERNMENT.

159

Judge, J. W. Nesmith ; Attorney, Marcus Ford ; Sheriff, Joseph L.
Meek ; Legislative members, for Clackamns county, H. A. (^i. Lee,
W. H. Gray and H. Straight ; Cbampoeg, R. Newell, J. M. Garrison,
M. G. Foisy and Barton Lee ; Tualatin, M. M. McCar^-er, J. \V.
Smith and David Hill ; Yamhill, Jesse Applegate and A. Hendrick ;
Clatsop, John McClure.

The following certificate I print as written for the first governor
elected in Oregon :

To Mr. George Abernethy of Klackamas county, greeUng :

Sir : — I have the honor to inform you, that at an elei;tion held in Oregon, on
the 3d day of June, 1845, you were duly elected by the legal voters, to fill the of-
fice of Executive of Oregon. I have the honor .0 remain sir,
Dated at Oregon City, Your most obedient servant,

I2thjuue, 1845. J. E. LONG, Clerk.^

The Legislative Committee met at Oregon City, June 24, 1845, and
after temporary organization by caUing R. Newell to the chair, Mr.
Applegate introduced the following dual oath for the purpose of pro-
pitiating the English element of the members, which was adopted :

" 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
dutic- :.. a citizen of the United vStates, or a subject of Great Britain, and faithfully
df^meau myself in office, so help me God."

Mr. McCarver was duly elected speaker, and a committee of three
was appointed to wait upon the Executive Committee for any com-
munication that they should desire to make. The committee sent a
message, which unfortunately was lost and cannot now be found.

A committee of five, consisting of Messrs. Gray, Applegate, H. A.
G. Lee, McClure and Hill, w^s appointed to draft a memorial and pe-
tition to be forwarded to the Congress of the United States, setting
forth the condition, situation, relation and wants of this country.

The Executive Committee recommended in their message a revis-
ion of the Organic law, and it was referred to the following select com-
mittee, Messrs. H. A. G. Lee, Newell, Applegate, Smith and Mc-
Clure.

The committee on memorial presented the following, and a resolu-
tion was paf.sed that the E-:ecutive Committee and Circuit Judge sign
the same, their signatures to be followed by those of the Legislative
Conmiittee, and the same be immediately sent to the Senate and House
of Representatives.

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Memorial to Congress.
The following luemorial to conj^ress, was drawn up by legislative
committee in session at Oregon City, June 28, 1845, and taken to Wash-
ington City by Dr. Elijah White, United States Indian agent, and pre-
sented to the United States senate by Hon. Thos. H. Benton, senator
from Missouri on December 8, 1845 :

Mr. lieiitoii rose for the purpose of presenting to the senate a paper from Dr.
White, wlio occupied the position of Indian agent for the tribes occupying the
territory of Oregon west of the Rocky mountains. This gentleman had, for tiie
last half dozen years, been employed on that side of the Rocky mountains, and
the paper which he now desired to present accompanied a petition from the Amer-
ican citizens inhabiting the Oregon territory. Thesye petitioners stated that for
the preservation of order they had, among themselves, established a prov; . -^al
and temporary Government, subject to the ratification of the United State T-r. ■•
emment. The petition set forth in strong and respectful language, argnmetits
why the citizens residing in that section of country should be protected for the
purpose of preserving order. The memorial was drawn up in a manner creditable
to the body by which it was presented, to the talents by which it was dictated,
and to the patriotic sentiments which pervaded it ; and the application was
worth)' of a favorable consideration for its moderation, reasonableness and jus-
tice. As the best means of spreading the contents of this petition before the
country, and doing honor to the ability and enterprise of those who had presented
it, he moved that it be read at the bar of the senate.

The petition was read. ,

Mr. Benton then moved to print the petition, which motion was agreed to. —
Congressional Globe, December S, 18-f^.

To the Honorable, the Senate and House of Representatives of the United States of
America, in Congress Assembled : —

Your memorialists and petitioners, the representatives of the people of Ore-
gon for them.selves, and in behalf of the citizens of the United States residing in
this teiTitory, would lespectfuUy submit to the consideration of your honorable
body some of the grievances under which we labor, and pray your favorable con-
sideration of our petition for their remedies.

Without dilating upon the great importance of this territory as an appendage
to the Federal Union, or consuming j'our valuable time in repeating to you the
oft-repeated account of our agricultural and commercial advantages, we would,
with due diffidence, submit to your serious consideration our peculiar difficulties
as occupants of this territory. As, by treaty stipulations between the Goveni-
ment of the United vStates and Great Hritain, this territory has become a kind of
neutral ground, in the occupancy of which the cit'zens of the United States and
the subjects of Great Britain have equal rights, and, as your memorialists humbly
conceive, ought to have equal protection ; such beinij the fact, the population of
the territory, though promiscuously interspersed, is composed of the subjects of a
crown and the citizens of a republic, lie'ween whom no common bond of union
exists.

It may naturally be supposed, in the absence of any provision having been
made by the two Governments to pievont or settle nny such occurrences, that
conflicting interests, aided by ancient prejudices, would speedily lead to results

1845

PROVISIONAL CIOVKRNMKNT.

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the most disastrous, particularly when it is considered that this mixed population
exists in the midst of numerous warlike tribes of Indians, to whom the smallest
dissensions among the white inhabitants would be the signal to let loose upon
their defenseless families all the horrors of savage warfare.

To prevent a calamity so much to be dreaded, the well-disposed inhabitants
of this territory have found it absolutely necessary to establish a provisional and
temporary Government, embracing all free male citizens ; and whose executive,
legislative and judicial powers should be etjual to all the exigencies that may arise
among themselves, not provided for by the Crovernment to which they owe allegi-
ance. And we are most happy to inform your honorable body that, with but few
individual exceptions, the utmost harmony and good will has been the result of
this, as we conceive, wise and judicious measure ; and the British subjects and
.\merican citizens vie with each other in their obedience an<l respect to the laws,
and in promoting the common good and general welfare of Oregon.

Although such has been the result, thus far, of our temporary union interests —
though we, the citizens of the United States, have had no cause to complain,
either of exactions or oppression at the hands of the subjects of Great Britain,
l)ut, on the contrary, it is but just to say that their conduct towards us has been
most friendly, liberal and philanthropic ; yet we fear a long continuance of the
present state of things is not to be expected — our temporary Government being
limited in its efficiency and crippled in its powers by the paramount duty we owe
to our respective Govenmients — our revetme being inadequate to its support, and
the almost total absence, apart from the Hudson's Bay Company, of the means of
defense against the Indians, which, recent occurrences lead us to fear, entertain
hostile feelings towards the people of the United States.

Your memorialists would further inform your honorable Ijodj' that, while the
subjects of Great Britain, through the agency of the Hudson's Bay Company, are
amply provided with all the miniitions of war, and can afford, by means of their
numerous fortifications, ample protection for themselves and their property, the
citizens of the United States are scattered over a wide extent of territory, without
a single place of refuge, and, within themselves, are almost de;;titute of the
means of defense.

Your memorialists would further crave your indulgence to remark, that
Great Britain has, by extending her criminal code to this country, guaranteed
every British .unject claiming his Ijirth-right, a legitimate trial by the laws of his
country. We, as citizens of the United States, having neither the military pro-
tection of our Government, nor the extension to us of the civil laws of our coun-
try, are forced to the enactment and execution of laws not authorized, and for
what we know, never will be sanctioned liy our Government.

Your memorialists would further call the attention of your honorable bod}' to
the fact that, as citizens of the United States, we labor under the greatest com-
mercial disadvantages; we have neither ships of war nor of commerce, nor any
luiv'igation of the rivers of the interior; and for want of adequate protection, no
private capitalists among us can establish a successful competition with a wealthy
and powerful monopoly, possessing all the appliances of commerce, and all the
influence over the natives by an early establishment among them. We are, there-
fore, dependent for a market for a large and increasing sur])Uis, and for nearly all
our supplies, upon a single company, which holds the market under its control.

Your meniorial'sts, with a view to remedy the grievances under which they
labor, pray the national congress to establish a <listrict territorial Government,
to embrace Oregon aiul its adjacent sea coast.

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We pray for adequate means of protection from the numerous Indian tribes
which surround us ; for the purchase of territories which they are willing to sell,
and for agents, with authority to regulate intercourse between whites and Indians
and between Indian tribes.

That donations of land may be made according to the inducements held out
to us by the passage of a bill through the ^ -nited States senate, at the second ses-
sion of the twenty-seventh congress, entitled : "A bill to authorize the adoption
of measures for the occupation and settlement of the territory of Oregon, for ex-
tending certain portions of the laws of the United States over the same, and for
other purposes."

That navy yards and marine depots may be established on the river Columbia,
and upon Puget's sound, and a naval force adequate to our protection be kept per-
manently in the adjacent seas.

That a public mail be established, to arrive and depart monthly from Oregon
City and Independence, and such other local mail routes be established as are
essential to the Willamette country and other settlements.

We pray for the establishment of such commercial regulations as may enable
us to trade in our own territory, at least on an equality with non-resident for-
eigners.

We pray that adetjuate militarj' protection be given to emigrants coming to
us, either by establishment of posts on the route, or by military escort.

And we pray that in the event you deem it inexpedient as a measure, or con-
trary to the spirit of existing treaties, to eatal)lish a territorial Govenmient in
Oregon, that you extend to us adecjuate military and naval protection, so as to
place us at least upon a par with other occupants of this country.

For the granting of which 5'our memorialists will ever pray.
. Signed: 0SI50RN RUSSELL,

PETER G. STEWART,

J. W. NE.SMITH,

Judge of Circuit Court.
M. M. McCarver, Speaker, Jesse Applegate.
W. H. Gray, John M. Garrison,

David Hill, H. A. G. Lee,

John IMcClure, Robert Newell,

I'lxecutive Cotnmiltee.

Medad G. Foisy,
.\bijah Hendrick,
Barton Lee,
J. W. Smith,

Hiram Straight,

Done at Oregon City, June 28, 1845.

Attest :

Members of Legislative Committee.

J. E. LONG,

Clerk.

Mr. Garrison introduced the following resolution which were referred
to the committee of the whole and never were acted upon :

Resolved, That whereas tlie people of Oregon assembled en masse did, on the
2d day of May, 1843, resolve that no tax should be levied upon the people, con-
i.rming the same by the adoption of the report of the committee of ways and
ireans, adcpteil by the legislative committee, and referred to the people en masse,
and by them enacted on the 5th day of July, 1843, therefore,

fiesolved, That this house Inis no right to levy a tax of any kind, without the
conser.!. of the free voters of this terri^^ory previoush' obtained.

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PROVISIONAL GOVERNMENT.

163

Resolved, That all acts and parts of acts on that subject, passed by the legis-
lative committee, were contrary to the expressed resolution and action of the
people.

On motion of Mr. Lee, it was resolved that the clerk be required to
flirnish Dr. E. White a copy of the memorial to congress, as soon as it
shall be properly signed as per resolution of the preceding day.

This created S(mie di.sciission, which culminated in considerable ill
feeling, as will be shown later on.

Mr. Garrison introduced the following, which was referred to the
committee of the whole, but never acted upon.

Resolved^ That this Government can recognize the right ol one person to the
service of another only upon bona fide contract, made and entered into, and
equally binding on both parties.

On the last day of the session, Mr. Applegate introduced the same
resolution, which passed by the following vote : Yeas — Messrs. Apple-
gate, Gray, vSmith, McCarver, Garrison, Hill, Newell, H. L,ee, Hen-
dricks and Foisy — 10. Nays — Messrs. Straight, B. Lee and McClure — 3.

The amended organic law was adopted unanimously and submitted
for ratification by the people July 26, i<'^45, 'axA adopted by a majority

of 203.

The legislative committee then adjourned to meet August 5, 1845,
at the same place.

OrQanic Law of the Provisional Govennnent of Oregon.

We, the people of Oregon territory, for the purpose of mutual protection, and
to secure peace and prosperity among ourselves, agree to adopt the following laws
and regulations until such lime as the United States of .\merica extend their
jurisdiction over us .

Be it enacts d, therefore, by the citizens of Oregon territory, That the said ter-
ritor\ , for the purposes of temporary Government, be divided into not less than
three nor more than hve districts, subject to be extended to a greater number
when an increase of population shall require ; for the purpose of fixing the prin-
ciples of" civil and religious liberty, as the basis of all laws and constitutiotns of
Government that mav hereafter be ".dopted.

Be it enacted. That the following articles be considered articles of compact
among the free citizens ot this territory :

ARTICLE I.

hinaaelf m a pe 'ceable and orierly man-
. uuKt !« his taode of worship or reli^ous.

Skl'TION L No per " ^
iier. sfiall ever be mo;^. ... , .
sentiments.

Sue. 2. The inhahnsaErrrs of mbui te!:r;ii>ry shall ijJwanps be entitled u>i£lte lirat--

fits ol the writ of hal»c»ri cor-r :• ' • '■-•■ '-.-v, of a Tiroportionafc: reprtseaato-

tion ut the people m sin; le;L cial pnicredings, according to fifae

164

kkown's political history

1845

course of oommon law. All persons shall be bailable, unless for capital offeiises
where the proof shall be evident, or the presumption great. All fines shall be
moderate, and 110 cruel or unusual pmiislnnents inflicted. No man shall be de-
prived of his iil)erty but by the judgment of his peers or the law of the land ;
and should the public exigencies make it necessary for the common preservation
to take any person's property, or to demand his i)articular services, full compen-
sation shall be ujade for the same ; and in the just presers-atiou of rights and
property, it is understood and declared that no law ought ever to be made, or have
force in said territory, that shall, in any manner whatever, interfere with or affect
private contracts or engagements, bonajide and without fraud previously formed.

Skc. 3. Religion, morality and knowledge being necessary to good Govern-
ment, and the happiness of mankind, schools and the means of education shall
be forever encouraged. The utmost good faith shall always lie observed towards
the Indians; their lands and property shall never be taken from them without
their consent ; and in their property, rights and liberty, they s^iall never be in-
vaded or disturbed, iniless in just and lawful wars, authorized b\ the representa-
tives of the people ; but laws fouuded in justice and humanity shall, from timt to
time, be nuuie for preventing injustice being done to them, and for preserving
peace and friendship with them.

Skc. 1. There shall be neither slavery nor involuntar}- servitude in said ter-
ritory, otherwise than for the punishment of crimes, whereof the party shall
have been duly convicted.

Skc. 5. No person shall be deprived of the right of bearing arms in his own
defense ; no unreasoiuible searches or seizures shall be granted ; the freedom of
the press shall tiot be restrained ; no person shall be twice tried for the same
ofFe-n*ie ; nor the people deprivetl of the right of peaceabb assembling and dis-
cussing any matter they may think proper ; nor shall the right of petition ever
be denied.

Skc. 6. The powers of the Government sliall be divided into three distinct
departments ; the legislative, executive, and judicial ; and no person belonging to
one of these departments, shall exercise any of the powers properly belonging lo
either of the others, except in cases herein directed or permitted.

ARTICLP: II.
Section i. The legislative power shall be vested in a house of representa-
tives, which shall consist of not less than thirteen, nor more than sixtj-onc mem-
bers, whose numbers shall not be increased more than Jive at anyone session, to be
elected by the qualified electors at the annual election, giving to each district a
representation in the ratio of its population (excluding Indians), and the said mem-
bers shall reside in the district, for which they shall be cho.^en ; and in case of
vacancy by death, resignation or otherwise, the Executive shall issue his writ to
the district where such vacancy has occurred, and cause a new election to be held,
giving sufficient notice, at least ten days previously, of the timo and place of hold-
ing said election.

Skc. 2. The house of representatives, when assembled, shall choose a speaker
and its other officers, be judges of the qualifications and elections of ils members,
and sit upon its own adjournment from day to day. Two-thirds of the house shall
coustilut'- a quorum to transact l)usiuess, but a smaller nunibc>r may ailjourn from
day to day, aud may be authorized by law to compel the attendance of absent
members.

Sec. 3. The house may determine the rules of its proceedings, punish its

1 84:

PROVISIONAL GOVERNMENT.

165

Its

niemhers for disorderly behavior, and with the concurrence of two-thirds, expel
a member, but not a second time for the same offense, and shall have all powers
necessary for a le,i>;islatnrc of a temporary government, not in contravention with
the restrictions imposed in this Organic law.

vSivC. 4. The house of representatives shall, from time to time, fix the salaries
of the dilfcrent olTicru appointed or elected under this compact, provided the pay
of no officer sliall be altered during the term of his service ; nor shall the pay of
the house be incieascd by any law taking effect during the session at which such
alteration is made.

Shc. 5. The house of representatives shall have the sole pow^r of impeach-
ing ; three-fourths of all the members must concur in an impeachment. The gov-
ernor and all civil officers under these articles of compact, shall be liable to im-
peachment for treason, bribery or any high crime or misdemeanor in office. Judg-
ment in such cases shall not extend further than removal from office, and disqual-
ification to hold any office of honor, trust or profit, under this compact ; but the
party convicted may f)e dealt with according to law.

vSkc. 6. The house of representatives shall have power to lay out the terri-
tory into suitable districts, aiul apjjorlion the representation in their body. They
shall have power to pass laws for raising a revenue, either by levying and collect-
ing taxes, or the imposing of license on merchandise, ferries or otlx^r objects, — to
open roads and cpnals, cither by the levying a road tax, or the chartering of com-
panies,— to regulate the intercourse of the people with the Indian lril)e3, — to estab-
lish post offices ami post roads, — to declare war, suppress insurrection or rejjel in-
vasion, — to provide for the organizing, arming and disciplining the militia, and the
calli?ig fi)rth the militia to execute the laws of Oregon, — to pass law.s of Oregon, —
to pass laws to regulate the introduction, manufacture or sale of ardent spirits, —
to regulate the currency and internal police of the country ; t-. create inferior tri-
bunals and inferior officers necessary, and not provided for by these articles of
compact, and generally to pass such laws to promote the general welfare of the
people of Oregon, not contrary to the sj)irit of this instrument, — and all powers not
contrary to the spirit of this histniment, — and all powers not hereby ex-
pressly delegated, remain with the people. The house of representatives shall
convene annually on tJie first Tuesday in December, at such place as may be
provided by law, and sh.dl, upon the first meeting afterthe adoption of this instru-
n:ent of compact, proceed to elect and define the duties of a Secretary, Recorder,
Treasurer, .■Xuditcr, INIarshal or any other officers necessary to carry into effect the
provisions of this compact.

Sec. 7. The executive power shall be vested in one person, elected by the
(pialified voters at the annual election, who shall have power to fill vacancies, to
remit fines and forfeitures, to grant pardons and reprieves for offenses against the
laws of the Territory, to call out the military force of the Territory to repel invas-
ion or suppress insurrection, to take care that the laws arc faithfully executed, and
to recommend such laws as he may consider necessary, to the representatives of the
people for their action. Every liill which shall have been passed by the house of
representatives, shall, before it becomes a law, be presented to the Governor for
his a^iprobation. If he approve, he shall sign it ; if not, he shall return it, with
his objections, to the house, and the hou.se shall cause the objections to be entered
at large on its journals, and shall proceed to reconsider the bill ; if, after such re-
consiileration, a majority of two-thirds of the house shall agree to pass the same,
it shall become a law. In such cases, the vote shall be taken by ayes and noes.

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brown'vS political history

1845

and be entered upon the journals. If any bill shall not be returned by the Gover-
nor to the house of representatives within three days (Sunday excepted) after it
shall have been presented to him, the same shall become a law in like manner as
if the Crovernor had signed it, unless the house of representatives, by its adjourn-
ment shall prevent its return, in which case it shall not become a law. The Gover-
nor shall continue in office two year.-, and until his successor is duly elected and
(lualificd ; .'iiid in case of the office becoming vacant by death, resignation or other-
wise, the Secretary shall exercise the duties of the office until the vacancy shall be

filled by election. The Governorshall receive the sum of dollars per annum, as

full compensation for his services, which sum may be increased or diminished at
any time by law, provided, the salary of no Governor shall be altered during his
tenn of service. The CrOvernor shall have power to convene the legislature on ex-
traordinary occasions.

SKC. 8. The judicial power shall be vested in a vSupremc Court, and such infer-
ior courts of law, equity and arbitration, as may by law, from time to time be es-
tablished. The supreme court shall consist of one judge, who shall be elected by
the house of representatives, and hold his office for four years, and until his suc-
cessor is duly elected and qualified. The supreme court, except in cases otherwise
directed by this compact, shall have appellate jurisdiction only, which shall be co-
extensive with the territory, and shall hold two sessions annually, beginning on
the first Mondays of June and September, and at such places as by the law diracted.
The supreme court shall have a general superintending control over all inferior
courts of law. It shall have power to issue writ.s of habeas corpus, mandamus, quo
warranto, certiorari, and other remedial writs, and hear and determine the same.
The supreme court shall have power to decide upon and annul any laws contrary
to the provisions of these articles of compact, and whenever called upon by the
house of representatives, the supreme judge shall give his opinion, touching the
validity of any f)ending measure. The house of representatives niay, hereafter,
provide by law for tlic supreme court having original jurisdiction in criminal
cases.

SfiC. 9. All officers under this compact shall take an oath as follows to-wit :
I do solemnly swear that I will support the organic laws of the provisional Gov-
ernment of Oregon, so far as said organic laws arc 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.

Sec. 10. Every free male descendant of a white man, inhabitant of this ter-
ritory, of the age of twenty-one years and upwards, who shall have been an in-
habitant of this territory at the time of its organization, .shall be entitled to vole at
the election of officers, civil and military, and be eligible to any office in the terri-
tory ; Provided, that all persoiis of the description entitled to vote by the pro-
visions of this j-^ction, who shall emigrate to this territory after organization, shall
be entitled to the right of citizens, after having resided six months in the territory.

Sec. II. The election for all civil officers, provided for by this compact, shall
be held the first Monday in June annually.

I This is the same oath, on motion of Mr. Applegate, that was administered to the members
of the legislative committee, June 24, 1845, ani^ afterwaids incorporated in the organic law, he being
one of the committee on revision. The cause iif this was, that at that time, Oregon was under
joint occupancy of American citizens and subjects of Cireat Britain, and the Provisional Govern-
ment was organized and maintained by both nationalities, and that was the cause of the dual oath
being adopted.

1845

PROVISIONAL, GOVKKNMKNT.

167

ARTICLE HI.

Section i. Any person now holding, or hereafter wishinj^ to establish a
claim to land in this territory, shall designate the extent of his elaini by natural
bonndaries, or by marks at the corners and upon the line of such claim, and have
the extent and boundaries of said claim recorded in the otfice of the territorial
recorder, in a book to be kept by him for that purpose, within twenty days from
the time of makin;,' such claim ; Providrd, that those who shall be already in pos-
session of land, shall be allowed twelve months from the passage of this act, to file
a description of his claim in the recorder's office ; and the size, shape and
locality of such claim, and give the names of the adjoiniu;,' claimants, and the
recorder may require the applicant for such record tu be made, to answer on his
oath touching the facts.

Skc. 2. All claimants shall, within six months from the time of recording
their claims, make permanent improvements upon the same by building or en-
closing, and also become an occupant upon said claim within one year from the
date of such record, or in case not occupied, the person holding said claim shall
pay into the treasury the sum of five dollars annually, and in case of failure to
occupj', or on failure of payment of the sum above stated, the claim shall be con-
sidered as abandoned ; Provided, that no non-resident of this territory shall have
the benefit of this law ; ami, provided, /iirt/ief, that any resident of this territory
absent on his private business for two years, may hold his claim by paying five
dollars annually to the treasury.

Sec. 3. No individual shall be allowed to hold a claim of more than one
square mile, or six hundred and forty acres, in a square or oblong form, according
to the natural situation of the premises. Nor shall any individual be allowed to
hold more than otie claim at the same time. Any person complying with the pro-
visions of these ordinances shall be entitled to the .same recourse against trespass
as in other cases bylaw provided.

Sec. 4. Partnership of two or more persons shall be allowed to take up a
tract of land, not exceeding six hundred and forty acres to each person in said
partnership, subject to all the provisions of the law.s, and whenever such partner-
ship is dissolved, the members shall each record the particular parts of said tract
as may be allotted to him ; Provided, that no member of said partnership shall
hold a separate claim at the time of the existence of said partncr.sliip.

Sec. 5. The boundary lines of all claims shall hereafter conform as near as
may be to the cardinal points.

Sec. 6. The officers elected at the general election, held on the first Tuesday
in June, 1845, shall be the officers to act under this organic law, and their official
acts, so far as they are in accordance with this compact, are heieby declared valid
and legal.

Skc. 7. Amendments to this instrument may be proposed bv the house of
representatives, two-thirds of the members concurring therein, which amendments
shall be made public in all parts of Oregon, and be read at the polls at the next
succeeding general election, and a concurrence of two thirds of all the members
elected at said election, may pass said f niendmenls, and they shall become a part
of this compact.

I, John K. Long, secretary of Oregon territory, do hereby certify that the fore-
going is a true and correct copy fif the original law as passed by the representa-
tives of the people of Oregon, on the ,5th day of July, A. D. 1S45, and submitted

168

BKOWN S I'OI.ITICAI, IIISTOKV,

184-

1 1

i; i

to the peo])le 011 the 26th day of the same tuonlh, and by them adopted and now
on file in mv ofFioe.

J. E. LONG, Secretary.

TIk- following certificate was filed by the secretary of the territory
with the K^overiior, as reijuired by law, after a full canvass of the vote.

SlCCKRTARV'S 'Jl'I-ICE, OREGON ClTV, Au^USt 23, 1845

To his Excellency, Ceo. Abernethy, Governor of Oregon : —

Sir : I have the honor to inform voii that the atnended orj^anic laws of Ore-
gon territory were submitted to the people at a general election, held on the last
.Saturday in July, 1S45, and by them adopted. Said organic laws have, therefore,
become the supreme law of the land.

I am, dear sir, with respect, your obedient servant,

J. E. LONG, Secretary.

The legislative committee met pursuant to adjournment, at Oregon City,
August 5, 1845, all the members present except Mr. Hendricks.

Mr. McCarver was called to the chair, and Mr. Gray was elected speaker, Imt
Mr. McCarver claimed that he was .still speaker as it was an adjourned session.
On motion of Mr. Applegate it was resolved that Mr. McCarver be requested to
resign his seat as speaker.

The next day the vote electing Gray and tlic vote requesting McCarver to re-
sign was reconsidered.

A message was received at that time from the governor, George
Abernethy, but cannot be found in the archives.

Mr. Applegate introduced the following resolutions which were re-
ferred to the committee of the whole.

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

Resolved fiirthey. That this house cannot assume, in behalf of the people, the
payment of any debt, or the refunding of any funds, borrowed or otherwise un-
lawfully contracted or obtainci], wilho'it first obtaining the consent of the people.

Aflcr some debate the above was adopted. Yeas — Messrs. Applegate, Garri-
son, Hendricks, Hill, H. Lee, B. Lt-e, McClurc and Smith — S. Nays — Messrs.
Eoisy, Gray, .Straight, and Speaker — 4. Mr. Newell l)eing excused.

Leave was granted to any member to protest, and the following was fded :

Wherkas, a resolution with a preamble, containing a direct and positive cen-
sure upon the proceedings of the Oregon Government, was introduced into this
house by Jesse .\pplegate, asserting that this luuse, aud the people of Oregon, are
not morally or legally, bound for any act of sai i Government, to the payment of
any debts contracted, or unlawfully borrowed, except they had previously obtained
the consent of the people. And,

Whereas, I'roni the wording of said resolution, two constructions may be
placed upon it, the same amounting to a repudiation of all debts heretofore con-
tracted, or money borrowed ; the other implying a want of confidence in the
agents and officers of this Government ; therefore,

1 845

PROVISIONAL GOVERNMENT.

169

We, the uiiderniyned, decidedly and soleniidy protest against the ado])tioii of
any such rosohitioiis or expressions by this house, as they not only do no good,
but tend to jjreat evil, in destroying the confidence of the people in the agents and
officers of this Government without sufficient cause.
Dated, Oregon City, August 7, 1845.

Signed : W. H. GRAY,

M. G. I'OISV,
H. STRAIGHT.

When Ca])tain Wilkes, of the United States Navy, wlio commanded
the exploring expedition, left Oregon, he put a launch in charge of
Dr. McLoughlin to be used as a pilot boat at the mouth of the Colum-
bia river, and the legislative committee applied to him to have it turned
over to the provisional Government, to be used for the purpose in-
tended. This, Dr. McLoughlin refused to do, claiming that he had no
authority to surrender it except to some United States officer. There-
fore it was allowed to remain in his care until Lieutenant Howison, of
the United States navy, took charge of it and .sold it to private parties.

On the sixth day of the session (August nth), Mr. Applegate
rushed into tlie house under con.siderable excitement, and moved that
the rules be suspended to allow him to introduce a bill to prevent duel-
ling. The bill was read once for information, and twice b\' title, then
pa.ssed, and ordered forwarded to the executive forthwith for ap-
proval. The speaker appointed Mr. P. G. Stewart .special messenger
for that purpose. The bill was returned to the hou.se, with the ap-
proval of the executive, and in le.ss than an hotir after its introduction
it became a law. The cause of the extraordinarv ha.ste was that Dr.
E. White had been slandering vSamuel Holderness, who had expressed
his intention of calling the doctor to account on the field of honor, and
the latter had implored Mr. Applegate to introduce and rush the bill
through, which ptirpose was accompli.shed to his great relief, as he was
not celebrated for his courage.

A bill was passed creating a supreme court, the salaries were, first
year, $200 ; second, $300 ; third, $400 ; fotirth, $500.

Dr. White who had been making some explorations in the country,
keeping a jotirnal of the same, presented the record to the house which
received it with a vote of thanks and ordered it printed. He was also
invited to address that body on the subject, which he did, and suc-
ceeded in convincing himself at least that he had materially benefited
Oregon in keeping the Indians quiet and assisting in finding pa.sses
across the Cascade mountains.

Mr. Applegate presented to the L use several official documents

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belonging to Dr. White, which were read, then Mr. Applegate intro-
duced the following :

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,

Be it further resolved, ist. 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 consti-
tution of the United States.

2d. That Dr. Elijah White, sub-Indian agent of Oregon, be requested to furn-
ish a copy of the amended organic law to congress of the United States.

3d. That these resolutions be endorsed on said copy, with the vote of this house
adopting the same.

The above were adopted unanimously, but afterwards changed so
that the members should not sign them. Mr. Speaker McCarver de-
termined that he would sign the iame, which he did and they were
attested to by J. E. Long as Clerk, without the knowledge of the house.
Dr. White determined to ride the free horse as much as possible, so
prevailed upon Dr. Newell to introduce the following :

Resolved, That this house reecommend 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 dis-
cover a southern passage through the Cascade mountains.

This resolution wa,s adopted, yeas, 8, ; nays, 5. As soon as possible,
Dr. White obtained possession of all these documents and hied himself
to the States by the way of Vancouver. He told Mr. Garrison that
Messrs. McCarve. and Long had signed all the papers in their official
capacity, and that he had destroyed all the private letters confided to
his care. This created a perfect tempest, and the next day, Mr. Barton
Lee introduced the following :

Resolved, That M. M. McCarver has been opposed to the organic law, as
adopted by the people of Oregon ; and, contrary to the voice ot this house in regu-
lar session, clandestinely, and in a manner unworthy of 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, con-
trary to a direct vote of this house ; therefore,

// is further rewlved. That we disapprove of the course lie has pursued, and
feci ourselves under the humiliating necessity of signifying the same to the United
States Government, by causing a copy of this resolution to accompany these doc-
uments.

Which resolution was referred to a committee of the whole. After

:l..

i^.

"1!'?^

1845

PROVISIONAL GOVERNMENT.

171

a thorough overhauling, Mr. McCarver was allowed to speak in his
own defense, and the resolutions were laid on the table. But the mat-
ter was not allowed to drop, as in the evening session, Mr. Applegate
intrc iuced the following, which was adopted :

j Resolved, That, whereas a copy of the organic laws of Oregon, together with

I some resolutions, intended to be sent to the United States, have not been attested

and despatched according to the directions of this house ; therefore.

Resolved, That the clerk iespatch 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 resolutions.

The next day, on motion of Mr. McClure, it was

Resolved, That, whereas the speaker of this house has signed certain docu-
ments, 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 the house ; there-
fore,

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

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 then appointed Mr. Garrison speaker pro tern.

Mr. McCarver immediately left the house, but ascertaining that the
clerk's messenger had already gone, in the afternoon session prevailed
upon Mr. Smith who introduced the following :

Resolved, That the vote requiring the speaker to go in quest of D*-. 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 be re-
stored to the chair.

By return messenger was received a letter from Dr. White that
might be considered a " corker" for impudence :

August 17, 1845.
To THE Hon., &c.

Gkntlkmkn: — 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 an-
swers my purpose best, I pledge myself to adhere strictly to that. Sincerely wish-
ing you good luck in legislating, I am, dear sirs, very respectfully yours,

E. WHITE.

!? r^^

III

I I

17a

brown's political history.

1845

This, as it afterwards proved, was a very unfortunate letter for Dr.
White, as it increased the legislative committee's indignation to a
white heat, and that body determined to defeat him if it lay in their
power. On motion of Mr. Applegate, it was

/Resolved, That the secretary be requested to forward to the United States Gov-
ernment, through the American consul at Sandwich Islands, a copy of the articles
of compact, as adopted by the people of Oregon territory, on the last Saturday of
July, 1845 ; and that the sanie be signed by the governor, and attested by the sec-
retary ; also, all resolutions adopted by this house, relati ,e to sending said docu-
ments by E. White, late Inciian agent of this territory ; also, a copy of the letter
of E. White directed to this house.

These documents and papers, also sworn affidavits of his having
opened private letters consigned to his care, were handed to Captain
John H. Couch, who was about to sail for Honolulu, and by him handed
to the consul. President Polk received them before Dr. White arrived
at Washington, and gave the doctor a cool reception and refusing to
appoint him to any office whatever.

On motion the house held a secret :.ession for the purpose of electing oflicers,
and the vote to be by ballot. District judges of Chanipoeg county — E. Parrish,
three years; F. X. Mathicu, two years; and Daniel Waldo, one year. Sheriflf —
WiH. Morrison. Judges of Tuality county — O, Russell, three years; H. Higgins,
two years ; Wni. Rrrriss, one year. Sheriff — T. Stnith. Judges for Yamhill
county — ^Jas. O'Neil, three years; J. Hembree, two years; J. V. Walker, one year.
Sheriff — A. Hembree. P. H. Burnett was elected supreme judge; O. Russell, of
Tuality declined and R. Q. Tucker elected instead. Judges for Clackamas county
— P. G. Stewart, three years ; Fred Prigg, two years ; T. W. Pettigrove, one year
Mr. Stewart resigned and S S. White was elected to fill the vacancy. vSheriff —
Wni. Holmes. Judges for Clatsop county — W. T. Per/y, three years; Robert
Shortess, two years ; Calvin Tibbitts, one year. Sheriff — Thomas Owens. Gov-
ernor Abernethy was elected superintendent of Indian affairs, and Wm. G. T' Vault,
postmaster-general.

On Wednesday, August 20, 1845, the legislative committee ad-
journed sine (ifc to make away for the first regular house of representa-
tives under the new organic law, adopted July 26, 1.S45, to meet in the
following Deceiuber.

The finst regular session of the house of representatives of the pro
visional Government, met at Oregon City, Tuesday, December 2, 1845.
This session was composed of the same members who were elected in
the previous June. Robert Newell was elected speaker ; J. K. Long,
chief clerk ; Theopolus McGruder, .sergeaut-at-arms.

The principal bill of interest introduced at this session was a law
regulating the sale of intoxicating liquors, which was finally defeated
through the influence of the Hudson's Bay Company.

1 845

PROVISIONAL GOVERNMENT.

173

A law was passed regulating currency, in which gold, silver, treas-
ury drafts, approved orders on solvent merchants, and good merchant-
able wheat delivered at places where the people were accustomed to
receive wheat, was a lawful tender for taxes and judgments rendered
by the courts of Oregon. The sections on exemptions from sale in-
cluded nearly everything, and no property could be sold for less than
two-thirds its value. I append another act that was passed August
19, 1845, but seems not to have been approved by the governor, and is
marked ' ' re) ained. ' '

Ah Act to Regulate the Currency.

Be it enacted by the house of representatives of Oregon Territory as follows :
That cash or the following articles, at their current value, shall be a lawful tender
in the payment of all demands in this territory, where no special contract had
been made between the parties, viz : Available orders, wheat, hides, tallow, beef,
pork, butter, lard, peas, lumber, or other articles of export of this territory ; Pro-
vided, the same be delivered at such points on the navigable streams, or such other
places as may be established as depots of such . -tides.

This act to take effect and be in force, from and after its passage.

A few days after Mr. Newell was elected, he asked to be excused
on account of the dangerous illness of his wife. Henry A. G. L,ee
was elected speaker pro teni, and served the rest of the term.

Just before the hou.se adjourned sine die, the following resolution
was adopted :

Resolved, That one of the principal objects contemplated in the formation of
the Government, was the promotion and prosperity of peace and happiness among
ourselves, and the friendly relations which have, and ever ought to exist between
the people of the United States and Great Britain ; and any measure of this house
calculated to defeat the same, is in direct violation of the true intention for which
it was formed.

The legislature created the following districts in the territory :

The first district to be called the Tuality District, comprising all the country
lying south of the northern boundary line of the United States, northwest of the
Willamette river and a supposed line running due north to upper mouth of said
river, north of the Vam Hill river, and extending to the Pacific ocean upon the
west.

The second district to be called the Yam Hill District, embracing all the coun-
try west of the Willamette river, and a supposed line running north and south from
the said river south of the Yam Hill river to the parallel of 42°.

The third district to be called the Clackamas District, incluies all territory not
included in the other two districts.

The fourth district to be called the Champooick District, and bounded upon
the north by a supposed line drawn from the mouth of the Anchioke river and
running due east to the Rocky mountains ; west of the Willamette river and a sup-

1< 1.1

174

HROWN S POLITICAL HISTORY.

1845

; ;'

posed line running due south from the Willamette river to the parallel of 42° of its
latitude ; south by the boundary line of the United States and California and east
by the summit of the Rocky mountains.

That all that portion of the Territory of Oregon lying north of the middle of
the main channel of the Columbia river, shall be and the same is hereby declared
a separate district, under the name and style of Vancouver District, and the said
district shall be entitled to elect one member to the house of representatives at the
next annual election. GEO. .\BERNETHY,

Approved, Aug. 20, 1845. Governor.

President Polk in his message to Congress, December, 1845, sub-
mitted all the documents in regard to the Oregon question, from 1842,
when Mr. Webster was Secretary of State, to his own administration
and up to date. The correspondence is voluminous, but of great his-
torical value, and because of its interest to the student, it is here repro-
duced by the historian as the result of much laborious research.

From the message oj the President of th" United States to Congress, December,

1845.

"My attention was early directed to the negotiation, which, on the 4th of
March last, I found pending at Washington, between the United States and Great
Britain, on the subject of Oregon territor)-. Three several attempts have been pre-
viously made to settle the questions in dispute between the two countries, by nego-
tiation, upon the principle of compromise ; but each had proved unsuccessful.
These negotiations took place at London, in the years 1818, 1824 and 1829; the
two first under the administration of Mr. Monroe, and the last under that of Mr.
Adams. The negotiation of 1818 having failed to accomplish its object, resulted
in the convention of the 20th of October of that year. By the third article of that
convention, it was agreed that any country that may l)e claimed by either party on
the northwest coast of .\merica, westward of the Stonj' mountains, shall, together
with its harbors, baj's and creeks, and the navigation of all rivers within the same,
be free and open for the term of ten years from the date of the signature of the
present convention to the vessels, citizens and subjects of the two Powers ; it being
well understood that this agreement is not construed to the prejudice of any claim
which either of the two high contracting parties may have to any part of the said
country, nor shall it be taken to effect the claims of any other Power or vState to
any part of the said country ; the only object of the high contracting parties in that
respect being to prevent disputes and differences among themselves.

The negotiation of 1S24, was productive of no result, and the coTivention of
1818, was left unchanged. The negotiation of 1826, having also failed to effect an
adjustment by compromise, resulted in the convention of August 6, 1S27, l)y which
it was agreed to continue in force, for an indefinite period, the provisions of the
third article of the convention of October 20, 1818; audit was further provided,
that ' it shall be competent, however, to either of the contracting parties, incase
either should tliink fit, at any time after the 20th of Oclober, 1828, on giving due
notice of twelve months to the other contracting party, to annul and abrogate this
convention ; and it shall, in such case, be accordingly entirely annulled and abro-
gated after expiration of the said term of notice.' "

In these attempts to adjust the controversy, the parallel of 49° of north

1 845

PROVISIONAL GOVERNMEXT.

175

latitude had been offered by the Uuited States to Great itritain, and in those
of 1S18 and 1826, and a further concession of the free navigation of the Columbia
river south of that latitude. The parallel of 49°, from the Rocky mountains to
its intersection with the northeasterniost branch of the Columbia, and thence down
the channel of that river to the sea, had been offered by Great Rritaiii, with an ad-
dition of a small detatchcd territory north of the Columbia. Each of these propo-
sitions had been rejected by the parties respectively.

In October, 1843. the envoy extraordinary and minister plenipotentiary of the
I'nited States in London, was authorized to make a siTiilar offer to those made in
iSiSand 1S26. Thus stood the question, when negotiations were shortly after-
wards transferred to Washington ; and, on the 23d of August, 1S44, was formerly
opened, under the direction of my immediate predecessor. Like all the previous
negotiations, it was based upon principles of ' compromise ; ' and the avowed pur-
pose of the parties was, ' to treat of the respective claims of the two countries to the
Oregon territory, with the view to establish a permanent boundary between them
westward of the Rocky mountains to the Pacific ocean.' Accordingly on the 26th
of August, 1844, the British plenipotentiary offered to divide the Oregon territory by
the 49th parallel of north latitude from the Rocky mountains to the point of its in-
tersection with the northeasterniost branch of the Columbia river, and thence down
that river to the sea ; leaving the free navigation of the river to be enjoyed in com-
mon by both parties — the country south of this line to belong to the United States,
and tha* north of it to Great Britain. At the same time, he proposed, in addition,
to yield to the United States a detached territory, north of the Columbia, extend-
ing along the Pacific and the vStraits of Fuca, from Bulfinch's harbor inclusive to
Hood's Canal, and to make free to the United States any port or pots south of
latitude 49°, which they might desire, either on the main land, or on Quadra or
Vancouver's Island. With the exception of the free ports, this was the same offer
which had been made by the British, and rejected by the American Government in
the negotiations of 1826. This proposition was promptly rejected by the American
plenipotentiary on the day it was submitted. This was the only proposition of com-
promise offered by the British plenipotentiary. The proposition on the part of
Great Britain having been rejected, the British plenipotentiary requested that
a proposal should be made by the United States for 'an equitable adjustment of the
question.'

When I came into otTicc, I found this to be the state of the negotiation. Though
entertaining the settled conviction, that the British pretensions of title could not be
maintained to any portion of the Oregon territory upon any principle of public law
recognized bv nations, yet, in deference to what had been done by my predecessors,
and especially in consideration that propositions of compromise had been thrice
made by two preceding administrations, to adjust the question on the parallel of
49°, and in two of thetn yielding to Great Britain the free navigation of the
Columbia, and that the pending negotiation had been commenced on the basis of
compromise. I deemed it to be my duty not abruptl.v to break it off. In consid-
eration, too, that under the conventions of i8i8and 1827, the citizens and .s...jjects
of the two powers held a joint occupancy of the country, I was induced to make
another effort to settle this long pending controversy in the spirit of moderation
which had given birth to the renewed discussion. A proposition was accordingly
made, which was rejecte<l by the British plenipotentiary, who, without submitting
any other proposition, suffered the negotiation on his part to drop, expressing his
trust that the United States would offer, what he saw fit to call " some further
proposal for the settlement of the Oregon question, more consistent with fairness

176

brown's political history.

1845

I ■

and equity, and with the reasonable expectations of the Britisli Government."
The proposition thus offered and rejected, iei)eated the offer of the parallel of 49°
of north latitude, which had been made by the two preceding administrations,
but without proposing to surrender to Great Britain, as they had done, the free
navigation of the Columbia river. The right of any foreign power to the free
navigation of any of our rivers, through the heart of our coimtry, was one which
I was unwilling to concede. It also embraced a provision to make free to Great
Britain any port or ports on the Cape of Quadra and Vancouver's Island, south of
this parallel. Had this been a new question, coming under discussion for the first
time, this proposition would not have been made. The extraordinary and wholly
inadmissible demands of the British Goveniment, and the rejection of the propo-
sition made in deference alone to what had been done by my predecessors,
and the implied obligatior which their acts seemed to impose, afforded satisfac-
tory evidence that no compromise which the United States ought to accept, can
be effected. With this conviction, the proposition of compromise which had
been made and rejected, was, by my direction, subsequently withdrawn, and our
title to tb" whole of Oregon territory asserted, and, as is believed, maintained by
irrefragable facts and arguments. The civilized world will see in these proceed-
ings a spirit of liberal concession on the part of the United States ; and this Gov-
ernment will be relieved from all responsibility which may follow the failure to
settle the controversy.

JAMES K. POLK.

Documents Accompanying the President's Message.
( Mr. Fox to Mr. Wkbster. )

Washington, November 15, 1842.
Sir : With reference to our recent conversation upon the question of the
Oregon or Northwestern boundary, when I conveyed to yon the desire of Her
Majesty's Government that instructions should, at an early period, be addressed
to the United States minister at London, empowering him to treat with such per-
son as may be appointed by Her Majesty on the part of Great Britain for a final
settlement of that question, I have now the honor to enclose to you the extract of
a dispatch addressed to me upon the subject by the Karl of .Aberdeen, in which
the wishes of Her Majesty's Government are fully and satisfactorily set forth. I
feel pursuaded that the great importance of the matter at issue, and the friendly
and conciliatory manner of Lord Aberdeen's proposal, will induce the President
of the United States to bestow upon them his early and serious attention.

I avail myself of this occasion to renew to you the assurance of my distin-
guished consideration. H. S. FOX.
Hon. Daniki. Wkbstkr.

( Enclosure.)

Foreign Office, October 18, 1842.
Sir : The ratifications of the treaty concluded on the 9th of August, between
Great Britain and the United States, were exchanged by me on the 13th instant,
with the minister of the United States accredited to the court of Her Majesty.
The more important question of the disputed boundary between Her Majesty's
North American provinces and the United States, being thus settled, and the feel-
ings which may have mutually produced in the people of both countries by the
settlement being evidently favorable, and indicative of a general desire to con-
tinue on the best footing with each other, it has appeared to Her Majesty's Gov-

1845

PROVISIONAL GOVERNMENT.

177

ernment that both parties would act wisely in availing themselves of so auspicious
a moment to endeavor to bring to a settlement the only remaining subject of ter-
ritorial difference, which, although not so hazardous as that of the northeastern
boundary, is, nevertheless, even at this moment, not without risk to a good un-
derstanding between the two countries, and may, in course of time, be attended
with the same description of danger to their mutual peace as the (juestion which
has recently been adjusted — I speak of the line of boundary west of the Rocky
mountains.

You are aware that Lord Ashburton was furnished with specific and detailed
instructions with respect to the treatment of this point of difference between the
two Governments, in the general negotiations with which he was intrusted, and
which he has brought to a satisfactory issue.

For reasons which it is not necessary here to state at length, that point, after
having been made the subject of conference with the American Secretary of State,
was not further pressed. The main ground alleged by his lordship for abstaining
from proposing to carry on the discussion with respect to the question of the
northwest boundary, was the apprehension lest, by so doing, the settlement of
the far more important matter of the northeastern boundary should be impeded,
or exposed to the hazard of failure. This ground of apprehension now no longer
exists ; and Her Majesty's Government, therefore being anxious to endeavor to
remove, so far as depends on them, all cause, however remote, or even contingent
risk to the good understanding now so happily restored between the two countries
which ought not to be at varianc > with each other, have determined to propose to
the Government of the United c-Lates to meet in an endeavor to adjust by treaty
the unsettled question of boundary west of the Rocky mountains.

On receipt of this dispatch, therefore, I have to desire that you will propose
to Mr. Webster to move the President to furnish the United States minister at this
court with such instructions as will enable him to enter upon the negotiations of
tliis matter with such person as may be appointed by Her Majesty for that object.
And you will assure him, at the same time, that we are prepared to proceed to the
consideration of it in a perfect spirit of fairness, and to adjust it on a basis of
equitable compromise.

I am with great truth and regard, sir, your most obedient and humble servant^

ABERDEEN.

(Mr. Webstkr to Mr. Fox.)
Department of State, Washington, November 25, 1842.
Sir : I have the honor to acknowledge the receipt of your note of the 15th
instant, upon the question of the Oregon or northwestern boundary question, with
an extract of a dispatch recently addressed to you on the subject by the Earl of
Aberdeen, explanatory of the wishes of Her Majesty's Government, both of which
I laid before the President a few days afterwards. He directed me to say that he
concurred entirely in the expediency of making the (jestion respecting the Oregon
territory a subject of immediate attention and negotiation between the two Gov-
ernments. He had already formed the purpose of extending this opinion in his
message to congress ; and, at no distant day, a communication vWU be made to
the minister of the United States in London.

I pray you to accept the renewed assurance of my distinguished consider-
ation. DANIEL WEBSTER.
H. S. Fox, Esg., &c. '

f ' 1

.1,

178

brown's political history.

1845

(Mr. Pakbnham to Mr. Ui'Shur.)

Washington, February 24, 1844.

Sir : Among the matters at present under the consideration of the two Gov-
ernments, there is none respecting which the British Govenimentis more anxious to
bring to an early and satisfactory arrangement with the Government of the United
States than that relating to the boundaries of Oregon or the Columbia territory.

The undersigned, Her Majesty's envoy extraordinary and minister plenipoten-
tiary, has accordingly been instructed to lose no time in entering into communi-
cation with the Secretary of State of the United States upon this subject. In ful-
filment, then, of the commands of his Government, the undersigned has the
honor to acquaint Mr. Upshur that he will be ready to confer with him, with a
view to ulterior negotiations on the subject in question, whensoever it shall suit
Mr. Upshur's convenience.

The undersigned offers to Mr. Upshur his high consideration.

R. PAKENHAM.
Hon. Abel P. Upshur.

(Mr. Upshur to Mr. Pakenham.)
Department of State, Washington, February 26, 1844.
Sir : The undersigned. Secretary of State of the United States, has the
honor to acknowledge the receipt of the note dated the 24th instant, from Mr.
Pakenham, Her Majesty's envoy extraordinary and minister plenipotentiary, in
which he states that he will be ready to confer with the undersigned with a view
to ulterior negotiation on the subject of the boundaries of the Oregon or
Columbia territory, whensoever it shall suit his convenience.

In reply, the undersigned has the honor to inform Mr. Pakenham that he will
receive him for that purpose at the department of state to-morrow^, at eleven
o'clock A. M.

The undersigned avails himself, &c. ,

A. P. UPSHUR.
Richard Pakenham, Esq.,

(Mr. Pakenham to Mr. Calhoun.)

Washington, July 22, 1844.

Sir : In the archives of the department of state will be found a note which
I had the honor to address, on the 24th of February last, to the late Mr. Upshur, '
expressing the desire of Her Majesty's Government to conclude with the Govern-
ment of the United States a satisfactory arrangement respecting the boundary of
the Oregon or Columbia territory.

The lamented death of Mr. Upshur, which occurred a few days after the date
of that note, the interval which took place between the event and the appoint-
ment of a successor, and the urgency and importance of various matters which
offered themselves to your attention immediately after your accsesion to office,
sufficiently explained why it has not hitherto been in the power of your Govern-
ment, sir, to attend to the important matter to which I refer.

But the session of congress having been brought to a close, and the present
being a season of the year when the least public business is usually transacted, it
occurs to me that you now feel at leisure to proceed to the consideration of that
subject. At all events it becomes my duty to recall it to your recollection, and to

I Mr. Upshur was killed by the explosion of a large gun that was being tested on board ship
near Washington in the ides of March.

1845

PROVISIONAL GOVERNMENT.

179

repeat the earnest desire of Her Majesty's Government, that a question on which
so much interest is felt in both countries, should be disposed of at the earliest
moment consistent with the convenience of the Govenimentof the United States.
I have the honor &c., R. PAKRNHAM,

Hon. John C. Calhoun.

'i! ?'" ! I .1

' is!

( Mr. Calhoun TO Mr. Pakknham.)
Department of State, Washington, August 22, 1844.

Sir : The various subjects which necessarily claimed my attention on enter-
ing on the duties of my office have heretofore, as you justly supposed in your note
of the 22d of July last, prevented me from appointing a time to confer with you
and enter on the negotiation with reference to the Oregon territory.

These have at length been dispatched, and, in reply to the note which you did
me the honor to address to me of the date above mentioned, I have to inform you
that I am now ready to enter on the negotiations; and, for that purpose, propose
a conference to-morrow, at one o'clock p. m., at the department of state, if per-
fectly convenient to you ; but if not, at any other time which it may suit your
convenience to appoint. The Government of the United States participates in
the anxious desire of that of Great Britain, that the subject may be early and sat-
isfactorily arranged. I have the honor, &c.,

J. C. CALHOUN.
The Right Hon. R. Pakenham,

(Mr. Pakenham to Mr. Calhoun.)

Washington, August 22, 1844.

Sir : I have the honor to receive your note of this morning's date, in which
you signify your readiness to enter on the negotiation in reference to the Oregon
territory, proposing to me to meet you in conference on that subject to-morrow,
at one o'clock. I reply, I have the honor to acquaint you that I have great pleas-
ure in waiting on you at the department of state at the hour proposed.

Be pleased to accept, &c., R. PAKENHAM.

The Hon. J. C. Calhoun.

Protocols.

On the 23d of August, 1844, a conference was held by appointment at the
office of the secretary of state, in the city of Washington, between the Honorable
John C. Calhoun, secretary of state of the United States, and the Right Honor-
able Richard Pakenham, Her Britannic Majesty's envoy extraordinary and min-
ister plenipotentiary, both duly authorized by their respective Governments to
treat of the respective claims of the two countries to the Oregon territory, with
the view to establish a permanent boundary between the two countries westward
of the Rocky mountains to the Pacific ocean. The conference was opened by
assurance on both sides of the desire of their respective Governments to approach
the question with an earnest desire, and in the spirit of compromise, to eflfect an
adjustment consistent with the honor and just interests of either party. The
plenipotentiaries then proceeded to examine the actual state of the question as it
Stood at the last unsuccessful attempt to adjust it. This done, the American
plenipotentiary desired to receive from the British plenipotentiary any fresh pro-
posal he might be instructed to offer on the part of his Government towards
effecting an adjustment. The British plenipotentiary said he would be ready to

R , : . ; it

i8o

brown's politicai, history.

1845

offer such a proposal at their next conference, hoping that the American plenijio-
tentiary would he ready to present a proposal on the part of his Government.
The conference adjourned to meet on Monday, the 26th instant.

J. C. CALHOUN.

R. I'AKENHAM.

On the 26th of August, 1844, the second conference was held between the re-
spective plenipotentiaries at the office of the secretary of state. The British plenipo-
tentiary offered a paper containing a proposal for adjusting the conflicting claims
of the two countries. The American plenipotentiary declined the proposal. Some
remarks followed in reference to the claims of the two countries to the territory,
when it became apparent that a more full understanding of their respective views
in reference to them was necessary at this stage, in order to facilitate futut a proceed-
ings. It was accordingly agreed that written statements containing their views
should be presented before any further attempt should be made to adjust them. It
was also agreed that the American Plenipotentiary should present a statement at
the next conference, and that he should inform the British Pleuipotentiar\' when
he was prepared to hold it. J. C. CALHOUN,

R. PAKENHAM.

Proposals offered by the British Plenipotentiary at the secc I Conference.

Whereas the proposals made on both sides in the course of the last negoti-
ation had been mutually delivered, Her Majesty's Government were prepared, in
addition to what had already been offered on the part of Great Britain, ' and in

I The precise nature and terms of the offer on the part of Great Britain here referred to, are
shown by the following extracts from the protocols of the conferences which took place at London in
1824 and in 1826 :
Protocols of the twenty third conference July /?, tSi4, — Extract from the lirilish fnifier :

" The boundary line between the territories claimed by His Hritannic -Majesty and those claim-
ed by the I'nited States, to the west in both cases of the Rocky mountains, shall be drawn due west
along the forty-ninth parallel of north latitude, to the point where that parallel strikes the great
northeasternmost branch of the Oregon or Columbia river — marked in the maps as Mcllillvray's
river ; thence down along the middle of the Oregon or Columbia, to its junction with the Pacific
ocean ; the navigation of the whole channel being perpetually free to the stibjects and citizens of
both parties ; the said subjects and citizens being also reciprocally at liberty, during the term of ten
years from the date thereof, to pass and repass by land and by water ; and to navigate, with their
vessels and merchandise, all the rivers, bays, harbors, and creeks, as heretofore, ou either side of
the above mentioned line ; and to trade with all and any of the nations free of duty or impost of any
kind, subject only to such local regulations as, in other resjiects, either of the two contracting Pow-
ers may find it necessary to enforce within its own limits, and are prohibited from furnishing the
nations with firearms and other exceptionable articles, to be hereafter enumerated ; and it is further
especially agreed that neither of the high contracting parties, their respective subjects or citizens,
shall henceforward form any settlements within the limits assigned hereby to the other, west of the
Rocky mountains, it being at the same time understood that any settlements already formed by the
British to the south and east of the boundary line above described, or by citizens of the United
States to the north and west of the same line, shall continue to be occupied and enjoyed, at the
pleasure of the present proprietors or occupants, without let or hindrance of any kind, until the
expiration of the above mentioned term of years from the date hereof."
Protocol 0/ the third Conference Dec. i, iSi6'.

" The British plenipotentiaries, in order to evince the earnest desire of their Government to
afford every facility to the final adjustment of the question of boundary, submitted the following
terms of accommodation, with a view to their reference to the Ameriain Government.

" ' That, considering that the possession of a safe and commodious port on the northwest coast
of America, fitted for the reception of large ships, might be an object of great interest and import-
ance to the United States, and that no such port was to be found between the forty-second degree of
latitude and the Columbia river, in still adhering to that river as a basis. His Majesty's Government
was willing so far to modify her former proposal as to concede, as far as she was concerned, to the

1845

PROVISIONAL GOVERNMKNT.

I8i

proof of the earnest desire to arrive at an arrangement suitable to the interests and
wishes of both parties, to undertake to make free to the United States any part, or
port or ports which the I'nited .States Government might desire, either on the
main land or on Vancouver's island south of latitude 49°.

On vSeptember 2, 1S44, the third conference was held, at the office ofthc secre-
tary of state, according to appointment. The American plenipotentiary presented
a written statement of his views of the claims of the United Stau 'o the portion
of the territory drained by the waters of the Columbia river (markv. . v.), and con-
taining his reasons for declining to accept the proposals offered by tht British plen-
ipotentiary at their second conference.

J c. CAl.HOTTN,

R. PAKi'XllAM.

On Sfi'tember 12, 1844, the fourth conference was held al ih< office of the
secretary ol State, when the British ])lenipoteiitiary presented his statement
(marked I)), counter to that of the American plenipotentiary (markrd A), pre-
sented at the preceding conference. J. C. CALHOUN,

R. PAKKNHAM.

At the fifth conference, held at the office of the secretary of state, on the
20th of September, the American plenipotentiary delivered to the British pleni-
potentiary a statement ( marked B ) , in rejoinder to his counter statement ( marked A ) .

J. C. CALHOUN,
R. PAKENHAM.

' illil
I

'i:

The sixth conference was held or. the 24th of September, 1H44, when the Brit-
ish plenipotentiary stated that he had read with due attention the statement
(marked B| presented by the American plenipotentiary at the last conference, but
that it had not weakened the impression previously entertained by him with re-
gard to the claims and rights of Great Britain, as explained in the papi.'r lately
presented by him imarked I)). That reserving for a future occasion suc.i obser-
vations as he might wish to present, by way of explanation, in reply to the state-
ment last presented by the American plenipotentiary, he was for the present
obliged to declare, with reference to the concluding part of that statement, that
he (lid not feel authorized to enter into discussion respecting the territory north
of the forty-ninth parallel of latitude, which was understood by the British Gov-
ernment to fonn the basis of negotiation on the s: 't of the United States, as the
line of the Columbia formed that on the side of Great Britain. That the pro-
posal which he had presented was offered by Great Britain as an honorable com-
promise of the claims and pretensions of both parties, and that it would, of course,

United States, the possession of Port Discoven.', a most valuable harlrar on the southern coast of De
Kuc.t's inlet ; and to annex thereto all that tract of country comprised within a line to be drawn from
Cape Flattery, alon^ the southern shore of I)e Fucas inlet to Point Wilson, at the northwestern ex-
tremity of Admiralty inlet, from thence alonj; the western shore of that inlet, across the entrance of
Hood s inlet, to the point of landing forming the northwestern extremity of the said inlet ; from
theuce along the ensterii shore of that inlet to the southern extremity of the same ; from thence di-
rect to the southern poin. of Gray's harbor ; from thence along the shore of the T'acific ocean to Cape
Flattery as before mentioned.' "

" ' They were further willing to stipulate tl'.at no works should at any time be erected at the
entrance of the river Columbia, or upon the banks of the same, that might be calculated to impede
or hinder the free navigation thereof by the ves.sels or boats of either party.' "

(

rii '' ' '

1-^'

Ihi;

182

brown's political history.

1845

be undersood as having been made subject to the condition recorded in the proto-
col of the third conference held between the respective plenipotentiaries in London ,
in December, 1826.1 j. c. CALHOUN,

R. PAKENHAM.

The seventh conference was held at tL; department of state, on the i6th of
July, 1845, between the honorable James Buchanan, secretary of state, the Amer-
ican plenipoteVLiary, and the Right Honorable Robert Pakenham, the British
plenipotentiary, when the pending negotiation respecting the Oregon territory was
resumed. The American plenipotentiary presented to the British plenipotentiary
a statement (marked J B), bearing date 12th of July, 1845, made in compliance
with the request of the latter, contained in his statement (marked D), that the
American plenipotentiary would propose an arrangement for an equitable adjust-
ment, of the question, and also define the nature and extent of the claims of the
Ur'^.jd States to the territory north of the valley of the Columbia.

JAMES BUCHANAN,
R. PAKENHAM.

(A)
(Mr. Calhoun to Mr. Pakenham.)

Washington, September 3, 1844.

The undersigned, American plenipotentiary, declines the proposal of the
British plenipotentiary, on the ground that it would have the effect of restricting
the possessions of the United States to limits far more circumscribed than their
claims clearly entitle them to. It proposes to limit their northern boundary by a
line drawn from the Rocky mountains along the forty-ninth parallel of latitude to
the northeastemmost branch of the Columbia river, and thence down the middle
of that river to the sea, giving to Great Britain all the country north, and to the
United States all south of that line, except a detached territorj' extending on the
Pacific and the straits of Fuca, from Bulfinch's harbor to Hood's canal. To which it
is proposed in addition, to make free to the United States any port which the
United States Government might desire, either on the main land or on Van-
couver's island, south of latitude 49°.

By turning to the map hereto annexed, and on which the proposed boundary
is marked in pencil, it will be seen that it assigns to Great Britain almost the en-
tire region (on its north side) drained by the Columbia river, lying on its northern
bank. It is not deemed necessary to state at large the claims of the United States
to this territory, and the grounds on which they rest, in order to make good the
assertion that it restricts the possessions of the United States within narrower
bounds than they are clearly entitled to. It will be sufficient for this purpose to
show that they are clearly entitled to the entire region drained by the river ; and
to the establishment of this point the undersigned proposes accordingly to limit
his remarks at present.

Our claims to the portion of the territory drained by the Columbia river, may
be divided into those we have in our own proper right, and those we have derived

I The condition here referred to is the protest contained in the followinf? extract from the pro-
tocol of the third conference held on the ist of December, 1826 : "The British plenipotentiaries
• • * protested against the offer of concession so made being ever taken in any way to prejudice
the claims of Great Britain included in her proposal of 1S24 ; and declared that the offer now made
was considered by the British Government as not called for by atiy just comparison of tht groimds
of those claims and of the counter claim of the United States, but rather as a sacrifice which the
British Government had consented to make, with a view to obviate all evils of future difference in
respect to the territory west of the Rocky mountains."

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1845

PROVISIONAL GOVERNMENT.

183

from France and Spain. We ground the former, as against Great Britain, on
priority of discovery and priority of exploration and settlement. We rest our
claim to discovery, as against her, on that of Captain Gray, a citizen of the
United States, who, in the ship Columbia, of Boston, passed the bur and anchored
in the river, ten miles above the month, on the nth of May, 1792, and who after-
wards sailed up the river twelve or fifteen miles, and left on the 20th of the same
month, calling it Columbia after his ship, which name it still retains. On these facts
our claim to the discovery and entrance into the river rests. They are too well attested
to be controverted ; but they have V)een opposed by the alleged discoveries of
Meares and Vancouver. It is true that the former explored a portion of the coast
through which the Columbia flows into the ocean in 1788 (five years before Cap-
tain Gray crossed the bar and anchored in the river), in order to ascertain whether
the river, as laid down in the Spanish charts and called St. Roe, existed or not ;
but it is equally true that he did not discover it. Oji the contrary he expressly
declares, in his account of the voyage, as the result of his observations, that " we
can now safely assert that there is no such river as that of the St. Roe, as laid
down in the Spanish charts," and, as if to perpetuate his disappointment, he
called the promontory lying north of the inlet where he expected to discover it,
Cape Disappointment, and the inlet itself Deception bay. It is also true that
Vancouver, in April, 1792, explored the same coast; but it is no less so that he
failed to discover the river, of which his own journal furnishes the most con-
clusive evidence, as well as his strong conviction that no such river existed. So
strong was it, indeed, that when he fell in with Gaptain Gray, shortly afterwards,
and was informed by him that he had been off the mouth of a river in latitude
46° 10'', wlio.se outlet was so strong as to prevent his entering, he remained still
incredulous, and strongly expressed himself to that effect in his journal. It was
shortly after this interview that Captain Gray again visited its mouth, crossed its
bar and sailed up the river, as has been stated, .\fter he left it he visited Nootka
Sound, where he coninmnicated his discoveries to Quadra, the Spanish command-
ant at that place, anil g '.ve him a chart and description of the mouth of the river. '
After his departure, Vancouver arrived there in September, when he was informed
of the dis'^r-veries of Captain Gray, and obtained from Quadra copies of the chart
he had It.t >\ith him. In conseciuence of the information thus obtained he was
induced to visit again that part of the coast. It was during this visit that he en-
tered the river on ihe 2(ith of October and made his survey. From these facts it
is manifest that the alleged discoveries of Meares and Vancouver cannot, in the
slightest degree, shake the claim of Captain Gray to priority of discovery. In-
deed, so conclusive is the evidence in his favor, that it has been attempted to
evade our claim on the novel and wholly untenable ground that his discovery was
made, not in a national, but in a private vessel. .Such, and soincontestible is the
evidence of our claim as against Great Britain — from priority of discovery, as to
Uie mouth of the river, cossing its bar, entering it, and sailing up its stream — on
the voyagf of Captain Gray alone, without taking into consideration the prior
<liscovery of the Spani.sh navigator Heceta, which will be more particularly re-
ferred to hereafter.

Nor is the evidence of the priority of our discovery of the head-branches of the
river and its exploration less conclusive. Before the treaty was ratified by which
wc Pcquired Louisiana, in 1S03, an expedition was planned— at the head of which
were placed Meriwether Lewis and William Clarke— to explore the river Missouri
and its principal branches to their sources, and then to seek and trace to its termin-
ation in the Pacific some stream, "whether the Columbia, the Oregon, the Colora-

!' 1

\' I ■

.ill
I

]\]

184

BROWN S POUTICAL HISTORY

1845

da, or any other which might offer the most direct and practicable water commu-
nication across the continent, for the purpose of commerce." The party began to
ascend the Missouri in May, 1804, and, in the summer of 1805, reached the head-
waters of the Columbia river. After crossing many of the streams falling into it,
they reached the Kooskooskee, in latitude 43° 34'— descended that to the principal
northern branch, which they called Ivcwis — followed that to its junction with the
great northern branch, which they called Clarke — thence descended to the mouth
of the river, where they landed and encamped on the north side, on Cape Disap-
pointment, and wintered.

The next spring they conmienced their return, and continued their explora-
tions up the river, noting its various branches, and tracing some of the principal ;
and finally arrived at St. I^ouis, in September, 1806, after an absence of two years
and four months. It was this important expedition which brought to the knowl-
edge of the world this great river — the greatest by far on the western side of this
continent — with its numerous branches, and the vast regions through which it
flows, above the point to which Gray and Vancouver had ascended. It took place
many years before it was visited and explored by any subjects of Great Britain, or
of any other civilized nation, so far as we are informed. It as clearly entitles us
to the claim of priority of discovery as to its head-branches, and the exploration of
the river and region through which it passes, as the voyages of Captain Gray and
the Spanish navigator, Heceta, entitles us to priority, in reference to its mouth, and
the entrance into its channel.

Nor is the priority of settlement less certain. EstHblishments were formed by
American citizens on the Columbia as early as 1809 and 1810. In the latter year a
companj' was formed in New York, at the head of which John Jacob Astor, a wealthy
merchant of that city, the object of which was to form a regular chain of establish-
ments on the Columbia river and the contiguous coasts of the Pacific for commer-
cial purposes. Rarly in the spring of iSi i, they made their first cstablishme.1t on
the south side of the river, a few miles above Point George, where they were visited
in Jiilv following by Mr. Thompson, a surveyor and astronomer of the Northwest
Ccinpauy, and his party. They had l)eeii sent out by that company to forestall
ihe American company in occupying the mouth of the river, hut found them-
selves defeated in their oly'ect.

The American company formed two other connected e.^tablishmcnts higher up
the river ; one at the confluence of the Okanogan with the north branch of the
Columbia, about 600 miles above its mouth ; and the other on the Spokane, a
stream falling into the north branch, some 50 miles above. These posts passed
into the possession of (ireat Britain during the war which was declared the next
year, but it was provided by the first article of the treaty of Ghent, which tcrn:inate<l
it, that "all territories, places, and possessions whatever, taken by either party
from the other during the war, or which may be akcn after signing of the treaty,
excepting the islands hereafter mentioned (in the Ray of I'undy), shall be restored
withou*^ delay." Under this provision, which embraces all the establishments of
the American Company on the Columbia, Astoria was formally restored, on the
6th of October, iSi.S, by agents duly authorized on the part of the British Govern-
ment to restore the possession, and to an agent duly authorized on the part of the
Government of the I'nited States to receive it — which placed our possession where
it was before it passed into the hands of British subjects. Such are the facts on
which we rest our claims to priority of discovery and priority of exploration and
settlement, as against Great Britain, to the region drained by the Columbia river.
So much for the claims we have, in our own proper right, to that region.

1845

PROVISIONAL GOVERNMRNT.

185

To these we have added the claims of France and Spain. The former we ob-
tained by the t; r.aty of Louisiana, ratified in 1803 ; and the latter by the treaty of
Florida, ratified in 1819. By the former we acquired all the rights which France
had to Louisiana, " to the extent it now has (1803) in the hands of Spain, and that
it had when France possessed it, and such as it should be after the treaties subse-
quently entered into by Spain and the other States." By the latter, his Catholic
Majesty " ceded to the United States all his rights, claims and pretensions" to the
country lying west of the Rocky mountains, and north of a line drawn on the 42d
parallel of latitude, from a point on the south bank of the Arkansas, in that paral-
lel, to the South Sea — that is, to the whole region claimed by Spain west of those
mountains, and north of that line. The cession of Louisiana gave us undisputed
title west of the Mississippi, extending to the sumniit of the Rocky mountains,
and stretching south between that river and those mountains to the possessions of
Spain, the line between which and ours was afterwards determined by the treaty of
Florida. It also added much to the strength of our title to the region beyond the
Rocky mountains, by restoring to us the important link of continuity westward to
the Pacific, which had been surrendered by the treaty of 1763 — as will be hereafter
shown.

That continuity furnishes a just foundation for a claim of territory in connec-
tion with those of discovery and occupation, would seem unquestionable. It is ad-
mitted by all, that neither of them is limited by the precise spot discovered or
occupied. It is evident, that in order to make either available, it must extend at
least some distance beyond that actually discovered or occupied, but how far, as an
abstract question, is a matter of uncertainty. It is subject, in each case, to be in-
fluenced by a variety of considerations. In the case of an island, it has been usu-
ally maintained in practice, to extend the claim of discovery or occupancy to the
whole. So, likewise in the case of a river, it has been usual to extend them to the
entire region drained by it, more especially in a case of discovery and settlement
at the mouth ; and emphatically so, when accompanied by exploration of the river
and the region through which it flows. ;^uch, it is believed, may be affirmed to
be the opinion and practice iu such cases, since the discovery of this continent.
How far the claim of continuity may extend in other cases is less perfectly defined,
and can be settled only by reference to the circumstances attending each.

When this continent was fir.st discovered, Spain claimed the whole, in virtue
of the grant of the Pope ; but a claim so extravagant and unreasonable was not ac-
quiesced in b\- other countries, and could not long be maintained. Other nations,
especially England and France, at an early period, contested her claim. They
fitted out voyages of discovery, and made settlements on the eastern coasts of
North America. They claimed for their settlements, usually, specific limits along
the coasts or bays on which they were formed, and, generally, a region of corres-
ponding width, extending across the entire continent to the Pacific ocean. Such
was the character of the limits assigned by England, in the charters which she granted
to her former colonies, now the T-iited States, when there were no special reasons
for varying from it. How strong she regarded her claim to the region conveyed by
these charters, and extending we>^twardof her settlements, the war between her and
France, which was terminated by the treaty of Paris, 1763, furnishes a striking illus-
tration. The great contest, wliich ended so gloriously for England, and afiected
so great and durable a change on this continent, commenced in a conflict between
her claims and those of France, resting on her side on this verj' right of continuity,
extending westward from her settlements to the Pacific ocean, and on the part of
France, on the same right, but extending to the region drained by the Mississippi

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and its waters, on the jfround of settlement and exploration. Their respective
claims, which led to the war, first clashed on the Ohio river, the waters of which
the Colonial charters, in their western extension, covered, but which France had
been unquestionably the first to settle and explore. If the relative strength of
these different claims may be tested by the result of that remarkable contest, that
of continuity westward must be pronounced to be the stronger of the two. Eng-
land has had at least the advantage of the result, and would seem to be foreclosed
against contesting the principle — particularly as against us, who contributed so
much to that result, and on whom that contest, and her example, and her preten-
sions, from the first settlement of our country, have contributed to impress it so
deeply and indelibly.

But the treaty of 1763, which terminated thpt memorable and eventful struggle,
yielded, as has been stated, the claims and all the chartered rights of the colonies
beyond the Mississippi. The seventh article establishes that river as the perma-
nent boundary between the possessions of Great Britain and France on this conti-
nent. So much as relates to the subject is in the following words : " The confines
between the dominions of His Britannic Majesty in that part of the world ( the
continent of America) shall he fixed irrevocably by a line drawn along the middle
of the river Mississippi, from its source to the river Iberville ; and from thence by a
line drawn along the middle of this river, and the lakes Maurpas and Pontchartrain,
to the sea," &c. This important stipulation, which thus establishes the Missis-
sippi as the line ' fixed irrevocably" between the dominions of the two countries
on this continent, in effect extinguishes in favor of F'^rance whatever claim Great
Britain may have had to the region lying west of the Mississippi. It of course
could not affect the rights of Spain — the only other nation which had any pretense of
claim west of that river ; but it prevented the right of continuity previously claimed
by Great Britain from extending beyond it, and transferred it to France. The
treaty of Louisiana restored and vested in the United Stales all the claims acquired
by France and surrendered by Great Britain, under the provisions of that treaty, to
the country west of the Mississippi, aud, among others, the one in question. Certain
it is that France had the same right of continuity, in virtue of her possession of Louis-
iana, and the extinguishment of the right of England, by the treaty of 1763, to the
whole country west of the Rocky mountains, and lying west of Louisiana, as against
Spain, which England had to the country west of the Alleghany mountains, as
against France — with this difference, that Spain had nothing to oppose to the
claim of France at the time but the right of discovery, and even, that England has
since denied ; while France had opposed to the right of England, in her case, that
of discovery, exploration and settlement. It is therefore not at all surprising that
France should claim the country west of the Rocky mountains (as may be inferred
from her maps), on the same principle that Great Britain had claimed and dispos-
sessed her of the regions west of the Alleghany ; or that the United States, as soon
as they had acquired the rights of France, should assert the same claim, and take
measures immediately after to explore it, with a view to occupation and settle-
ment. But since then, we have strengthened our title, by adding to our own pro-
per claims, and those of France, the claims also of Spain by the treaty of Florida,
as has been stated.

The claims which we have acquired from her between the Rocky mountains
and the Paci fie rests on her priority of discovery. Numerous voyages of discovery,
commencing with that of Maldonado, in 1528, and ending with that of Galiano
and Valdes, in 1792, were undertaken by her authority along the northwestern
coast of North .\merica, that they discovered and explored not only the entire

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coast of what is now called the Oregon territory, but still further north, is a fact
too well established to be controverted at this day. The voyages which they per-
formed will accordingly be passed over at present without being particularly al-
luded to, with the exception of that of Heceta. His discovery of the mouth of
the Columbia river has already been referred to. It was made on the 15th day of
August 1775, many years anterior to the voyages of Meares and Vancouver, and
was prior to Cook's who did not reach the northwestern coast until 1778. The
claims it gave to Spain of priority of discovery were transferred to us, with all
others belonging to her, by the treaty of Florida ; which added to the discoveries
of Captain Gray, places our right to the discovery of the mouth and entrance into
the inlet and river beyond all controversy. It has been objected that we claim
under various and conflicting titles, which mutually destroy each other. Such
might indeed be the fact while they were held by diflferent parties, but since we
have rightfully acquired both those of Spain and France, and concentrated the
whole in our hands, they mutually blend with each other, and form one strong
and connecting chain of titles against the opposing claims of all others, including
Great Britain.

In order to present more fully and perfectly the grounds on which our claims
to the region in question rest, it will now be necessary to turn back to the time
when Astoria was restored to us, under the provisions of the treaty of Ghent, and
to trace what has since occurred between the two countries in reference to the ter-
ritory, and inquire whether their respective claims have been affected by the set-
tlements since made in the territory by Great Britain, or the occurrences which have
since taken place. The restoration of Astoria took place, under the provision of the
treaty of Ghent, on the 6th day of October, 1818, the effect of which was to put Mr.
Prevost, the agent authorized by our Government to recei'e it, in possession of
the establishment, with the right at all times to be reinstated and considered the
party in possession, as was explicitly admitted by I^ord Castlereagh in the first
negotiation between the two governments in reference to the treaty. The words
of Mr. Rush, our plenipotentiary on that occasion, in his letter to Mr. Adams,
then secretary of state, of the 14th of February, 1818, reporting what passed be-
tween him and his lordship, are : " That Lord Castlereagh admitted in the most
ample extent our right to be reinstated, and to be the party in possession, while
treating of the title. ' ' That negotiation terminated in the convention of the 20th
of October, 1818, the third article of which is in the following words :

" It is agreed that any country that may be claimed by either party on the
northwest coast of America, westward of the Stony mountains, shall, together
with its harbors, bays and creeks, and the navigation of all rivers within the same,
be free and open for the term of ten yeais from the date of the signature
of the present convention, to the vessels, citizens and subjects of the two
powers; it being well understood that this agreement is not to be construed
to the prejudice of any claim which either of the two high contracting parties
may have to any part of the said country ; nor shall it be taken to affect the
claims of any other power or state to any part of the said country; the only object
of the high contracting parties in that respect being to prevent disputes and differ-
ences amongst themselves."

The two acts, the restoration of our possession and the signature of the con-
vention were merely contemporaneous — the latter taking place but fourteen days
subsequently to the former. We were then, as admitted by Lord Castlereagh,
entitled to be considered as the party in possession ; and the convention, which
stipulated that the territory should be free and open for the term of ten years

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from the date of its signatures, to the vessels, citizens and subjects of the two
countries without prejudice to any claim which either party may have to any
part of the same, preserved and perpetuated all our claims to the territory, in-
cluding the acknowledged right to be considered the party in possession, as per-
fectly during the period of its continuance as they were the <lay the convention
was signed. Of this there can be no doubt. After an abortive attempt to adjust
the claims of the two parties to the territoiy in 1824, another negotiation was
commenced in 1826, which terminated in renewing, on the 6th of August, 1827,
the third article of the convention of 1818, prior to its expiration. It provitled
for the indefinite extension of all the provisions of the third article of that con-
vention, and also that either party might terminate it at any time it might think
fit, by giving one j-ear's notice after the. 20th of October, 1828. It took, however,
the precaution of providing that " nothing contained in this convention, or in the
third article of the convention of the 20th of October, 1818, hereby continued in
force, shall be construed to impair, or in any manner affect, the claims which
either of the contracting parties may have to any part of the country westward of
the Stony or Rocky mountains." That convention is now in force, and has con-
tinued to be so since the expiration of that of 1818. By the joint operation of the
two, our right to be considered the party in possession, and all the claims we had
to the territory while in possession, are preserved in full vigor as they were at the
date of its restoration in 1818, without being affected or impaired by the settle-
ments since made by the subjects of Great Britain. Time, indeed, so far from
impairing our claims, has greatly strengthened them since that period; for since
the treaty of Florida transferred to us all the rights, claims and pretensions of
Spain to the whole territory, as has been stated. In consequence of this, our
claims to the portion drained by the Columbia river — the point now the subject
of consideration — have been much strengthened by giving us the incontestible
claim to the discovery of the mouth of the river by Heceta, above stated. But it
is not in this particular only that it has operated in our favor. Our well-founded
claim, grounded on continuity, has greatly strengthened, during the same period,
by the rapid advance of our population towards the territory, as well as the greatly
increased facility of passing to the territory l)y more accessible routes, and the
far stronger and rapidly swelling tide of population that has recently commenced
flowing into it.

When the first convention was concluded, in 1818, our whole population did
not exceed 9,000,000 of people. The portion of it inhabiting the States in tlie
great valley of the Mississippi was probably under 1,700,000, of which not more
than 200,000 were on the west side of the river. Now our population may be safely
estimated at not less than 19,000,000 — of which at least 8,000,000 inhabit the States
and Territories in the valley of the Mississippi, and of which upwards of 1,000,000
are in the States and Territories west of that river. This portion of our population
is now increasing far more rapidly than ever, and will, in a short time, fill the
whole tier of States on the western bank. To this great increase of population,
especially in the valley of the Mississippi, may be added the increased facility of
reaching the Oregon territory, in consequence of the discovery of the remarkable
pass in the Rocky mountains at the head of the La Platte. The depression is so
great, and the pass so smooth, that loaded wagons now travel with facility from
Missouri to the navigable waters of the Columbia river. These joint causes have
had the effect of turning the current of our population towards the territory, and au
emigration estimated at not less than 1,000 during the last, and 1,500 during the
present year, has flowed into it.

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PROVISIONAL GOVERNMENT.

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The current thus commenced, will no doubt continue to flow with increased
volume hereafter. There can, then, be no doubt now that the operation of the
same cause which impelled our population westward from the shores of the Atlan-
tic, across the Alleghany to the valley of the Mississippi, will impel them onward
with accumulating forces across the Rocky mountains into the valley of the Co-
lumbia, and that the whole region drained by it is destined to be peopled by us.

Such are our claims to that portion of the territory, and the grounds on which
they rest. The undersigned believes them to be well founded, and trusts that the
British plenipotentiary will see in them sufficient reasons why he should decline
his proposal. The undersigned plenipotentiary abstains for the present from pre-
senting the claims which the United States may have to other portions of the
territory.

The undersigned avails himself of this occasion to renew to the British pleni-
potentiary the assurance of his high consideration.

R. Pakenham, Esq., &c. J. C. CALHOUN.

(Mr.

(D.)
Pakenham to Mr. Calhoun.)

Washington, September 12, 1844.

The undersigned, British plenipotentiary, has studied with much interest and
attention the statement (marked A.) presented by the American plenipotentiary,
setting forth the grounds on which he declines the proposals offered by the British
plenipotentiary as a compromise of the difficulties of the Oregon question.

The arrangement contemplated by that proposal would, in the estimation of
the American plenipotentiary, have the effect of restricting the possessions of the
United States to limits far more circumscribed than their claim clearly entitles
them to. The claims of the United States to the portion of territory drained by the
Columbia river, are divided into those adduced by the United States in their own
proper right, and those which they have derived from France and Spain. The
former, as against Great Britain, they ground on priority of discovery and priority
of exploration and settlement.

The claim derived from France originates in the treaty of 1S03, by which Lou-
isiana was ceded to the United States, with all its rights and appurtenances, as fully
and in the same manner as they had been acquired by the French Republic ; and
the claim derived from Spain is founded on the treaty concluded with that power
in the year 1S19, whereby his Catholic Majesty ceded to the United States all his
rights, claims, and pretensions to the territories lying cast and north of a certain
line terminating on the Pacific, in the 42d degree of north latitude.

Departing from the order in which these three separate claims are presented
by the American plenipotentiary, the British plenipotentiary will first beg leave to
observe, with regard to the claim derived from F'rance, that he has not been able
to discover any evidence tending to establish the belief that Louisiana, as origin-
ally possessed by France, afterwards transferred to Spain then retroceded by Spain
to France, and ultimately ceded by the latter power to the United States, extended
in a westerly direction beyond the Rocky mountains. There is on the other hand,
strong reason to suppose that at the time when Louisiana was ceded to the United
States, its acknowledged western boundary was the Rocky mountains. Such ap-
pears to have been the opinion of President Jefferson, iinder whose auspices the
acquisition of Louisiana was accomplished. In a letter written by him in August,
1805, are to be found the following words :

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" The boundaries (of Louisiana), which I deem not admittia)^ question are the
high lands on the western side of the Mississippi ; enclosing all its waters (the
Missouri of course), and terminating in the line drawn from the northwest point of
the Lake of the Woods, to the nearest source of the MisBissippi, as lately settled
between Great Britain and the United States."

In another and more formal document, dated in July, 1807 — that is to say,
nearly a year afler the return of Lewis and Clarke from their expedition to the
Pacific, and fifteen years afler Gray had entered the Columbia river — is recorded Mr.
Jefferson's opinion of the impolicy of giving offense to Spain by any intimation
that the claims of the United States extended to the Pacific ; and we have the au-
thority of an American historian, distinguished for the attention and research which
he has bestowed on the whole subject of the Oregon territory, fur concluding that
the western boundaries of Louisiana, as it was ceded by France to the I'nited
States, were those indicated by nature — namely, the highlands separating the
waters uf the Mississippi from those falling into the Pacific. I-Voni the acquisition
then, of Louisiana, as it was received from France, it seems clear that the United
States can deduce no claim to that territory west of the Rocky mountains. But,
even if it were otherwise, and if France had even possessed or asserted a claim to
territory west of the Rocky mountains, as appertaining to the territory of Louisi-
ana, that claim, whatever it mtght be, was necessarily transferred to Spain when
Louisiana vvas ceded to that Power in 1762, and of course became subject to the
provisions of the treaty between Spain and Great Britain of 179*^, which effectually
abrogated the claim of Spain to exclusive dominion over the unoccupied parts of
the American continent.

To the observations of the American plenipotentiary, the effect of continuity in
furnishing a claim to territory, the undersigned has not failed to pay due attention ;
but he submits that what is said on this head may more properly be considered as
demonstrating the greater degree of interest, which the United States possess by
reason of contiguity in acquiring territory in that direction, than . s affecting, in
any way, the question of right. The undersigned will endeavor to show hereafler
that, in the proposal to put in on the » art of Great Britain, the natural expectations
of the United States, on the ground of ;ontiguity, have not been disregarded. Next

\d from Spain.

hat by the treaty of 1819, Spain did convey
e power to dispose of on the northwest coast
t latitude ; but she could not by that trans-
tiich she had, by a previous transaction, ac-
.*r.

comes to be examined the claim der

It must, indeed, be acknowledge
to the United States all that she had >
of America, north of the 42d parallel
action annul or invalidate the rights
knowledged to belong to another Po-

By the treaty of 28th of October,

1790, Spain acknowledged in Great Britain
certain rights with respect to those parts of the western coast of America not already
occupied. This acknowledgment had reference especially to the territory which
forms the subject of the present negotiation. If Spain could not make good her
own right to exclusive dominion over those regions, still less could she confer such
a right on another power ; and hence. Great Britain argues, that from nothing de-
duced from the treaty of 1810 can the United States assert, a valid claim to exclus-
ive dominion over any part of Oregon territory. There remains to be considered
the claim advanced by the United States on the ground of prior discovery and
prior exploration and settlement.

In that part of the memorandum of the American plenipotentiary which speaks
of the Spanish title, it is stated that the mouth of the river, afterwards called the

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PROVISIONAL GOVERNMENT.

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Columbia river, was first discovered by the Spanish navigator Ileceta. The admis-
sion of this act would appear to be altoge'.aer irreconcilable with a claim to prior-
ity of discovery from anything ace tmplished by Captain Gray. To one, and to one
only, of those commanders, can be couce<lc-! the merit of first discovery. If Heceta's
claim is acknowledged, then Captain Gray is no longer the discoverer of the
Columbia river. If, on the other hand, preference is given to the achievement of
Captain Gray, then Heceta's discovery ceases to be of any value. Rut it is argued
that the United States now represent both titles— the title of Heceta and the title
of Gray, — and therefore that under one or the other, it matters not which, enough
can be shown to establish a case of prior discovery as against Great Hritain. This
may be true, as far as relates to the act of first seeing and first entering the mouth
of the Columbia river; but, if the Spanish claim to prior discovery is to prevail,
whatever rights may thereon be founded are necessarily restricted by the stipula-
tions of the treaty of 1790. which forbid a claim to exclusive possession. If the
act of Captain Gray, in passing the ' ar and actually entering the river, is to super-
cede the discovery of the entrance — which is all that is attributed to Heceta — then,
the principle of progressive or gradual discovery being admitted as conveying, in
proportion to the extent of discovery being admitted as conveying in proportion to
the extent of discover^ or exploration, superior rights, the operations of Vancouver
in entering, surveying and exploring to a considerable distance inland, the river
Columbia, would, as a necessary consequence, supercede the discovery of Captain
Gray, to say nothing of the act of taking possession in the name of his sovereign,
which ceremony was duly performed and authentically recorded by Captain Van-
couver.

This brings us to an examination of the conflicting claims of Great Britain
and the United States on the ground of discovery, which may be said to form the
essential point in the discussion, for it has above been shown that the claim de-
rived from France must be considered as of little or no weight, while that derived
from Spain, in as far as relates to exclusive dominion, is neutralized by the stipu-
lations of the Nootka convention. It will be admitted that, when the United
States became an independent nation, they possessed no claim, direct or indirect, to
the Columbia territory. Their western boundary in those days was defined by
the treaty of 1783. Great Britain, on the contrary, had at that time already directed
her attention to the northwest coast of America, as is sufficiently shown by the
voyages and discoveries of Captain Cook, who, in 1778, visited and explored a
great portion of it, from latitude 44° northward. That Great 1 ritain was the first
to acquire what may be called a beneficial interest in those reg. ans by commercial
intercourse will not either be denied. In proof of this fact, we have the voyages of
several British subjects, who visited the coast and adjacent islands previously to the
dispute with Spain ; and that her commerce, actual as well as prospective, in that
part of the world was considered a matter of great national importance, is shown
by the resolute measures which she took for its protection when Spain mauifested
a disposition to interfere with it. .

The discoveries of Mears, in 1788, and the complete e"rvc;y of the coast and its
adjacent islands, from about latitude 40° northwards, which was affected by Cap-
tain Vancouver, in 1792, 1793 and 1794, would appear to give Great Britain, as
against the United States, as strong a claim, on the ground of discovery and explo-
ration coastwise, as can well be imagined, limited only by what was accomplished
by Captain Gray, at the mouth of the Columbia — which so far as discovery is con-
cerned, forms the strong point o -. th-^ American side of the question. In point 01
accuracy and authenticity, it is believed that the performances of Cook and Van

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couver stand pre-eminently superior to those of any country whose vessels had in
those days visited the northwest coast ; while in point of value and importance,
surely the discovery of a single harbor, although at the mouth of an important
river, cannot, as giving a claim to territory, be placed in competiton with the vast
extent of discovery and survey accomplished by the British navigators. As regards
exploration inland, entire justice must be done to the memorable exploit of MM.
Lewis and Clarke ; but those distinguished travelers were not the first who
effected a passage across the Oregon territory from the Rocky mountains to the
Pacific. As far back as 1733, that feat had been accomplished by Mackenzie, a
British subject. In the course of this expedition, Mackenzie explored the upper
waters of a river called Fraser's river, which in process of time was traced to its
junction with the sea, near t, 49th degree of latitude ; thus forming, in point of
exploration, a counterpoise to the exploration of that part of the Columbia which
which was first visited by Lewis and Clarke.

Priority of settlement is the third plea on which the American claim proper is
made to rest. In 181 1, an establishment for the purpose of trade was formed at
the south side of the Columbia river, near its mouth, by certain American citizens.
This establishment passed during the war into the hands of British subjects ; but
it was restored to the American Government in the year 1818, by an understanding
between the two Governments. Since then it has not, however been really occu-
pied by Americans. This is the case of priority of settlement.

The American plenipotentiary lays some stress on the admission attributed to
Lord Castlereagh, then principal secretary of state for foreign affairs, that "the
American Government had the most ample right to be reinstated, and to be con-
sidered the party in possession while treating of the title." The undersigned is
not inclined to dispute an assertion resting on such respectable authority ; but he
must observe, in the first place, that the reservation implied by the words " while
treating of the title," exclude? any inferences which might otherwise be drawn
from the preceding words prejudicial to the title of Great Britain ; and further,
that when the authority of the American minister is thus admitted for an observa-
tion which is pleaded against England, it is but fair that, on the part of the United
States, credit should be given to England for the authenticit}' of a dispatch from
Lord Castlereagh to the British minister at Washington, which was communicated
verbally to the Government of the United States, when the restoration of the estab-
lishment called Astoria, or Fort George, was in contemplation, containing a com-
plete reservation of the rights of England to the territory at the mouth of the Co-
lumbia. — (Statement of the British plenipotentiaries, Dec. 1876. 1 In fine, the
present state of the question between the two Governments appears to be this :
Great Britain possesses and extrcises in common with the United vStates a right of
joint occupancy in the Oregon territory, of which right she can be divested with
respect to any part o^ that territory, only by an equitable partition of the whole
between the two powers It is for obvious reasons, desirable that such a partition
should take place as soon as possible, and the difficulty appears to be in devising a
line of demarkation which shall have leave to each party that precise portion of
the territory best suited to its interests and convenience.

The British Government entertained the hope that by the proposal lately sub-
mitted for the consideration of the American Government, that object would have
been accomplished. According to the arrangement therein ccntempiated, the
northern boundary of the United States, west of the Rocky nioi.utains, would, for
a considerable distance, be carried along the same parallel of latitude which forms
their northern boundary of the eastern side of these mountains — thus uniting the

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present eastern boundary of the Oregon territory with the western boundary of the
United States, from the 49th parallel downwards. From the jioint where the 49th
degree of latitude intersects the northeastern branch of the Columbia river (^called
in that part of its course, McGillvary's river), the proposed line of boundary would
be along the middle of that river till it joins the Columbia ; then along the middle
of the Columbia to the ocean — the navigation of the river remaining perpetually
free to both parties. In addition. Great Britain offers a separate territory on the
Pacific, possessing an excellent harbor, with a further understanding that any port
or ports, whether on Vancouver's island, or on the continent south of the 49tli par-
allel, to which the United States might desire to have access, shall be made free
ports. It is believed, that by this arrangement ample justice would be done to the
claim of the United States on whatever ground advanced, with relation to the Ore-
gon territor)'. As regards extent of territory, they would obtain acre for acre,
nearly half of the entire territory to be divided. As relates to the navigation of the
principal river, they would enjoy a perfect equality of right with Great Britain ;
and with respect to harbors, it will be seen that Great Britain shows every disposi-
tion to consult their convenience in that particular. On the other hand, were
Great Britain to abandon the line of the Columbia as a frontier, and to surrender
her right to the navigation of tha river, the prejudice occasioned to her by such an
arrangement would, beyond all proportion, exceed the advantage accruing to the
United States from the possession of a few square miles of territory. It must be
obvious to every impartial investigator of the subject, that, in adhering to the line
of the Columbia, Great Britain is not influenced by motives of ambition, with ref-
erence to extent of territory, but by considerations of utility, not to say necessity,
which cannot be lost 'ight of, and for which allowance ought to be made, in an
arrangement professing to be based on considerations of mutual convenience and
advantage.

The undersigned believes he has now noticed all the arguments advanced by
the American plenipotentiary, in order to show that the United States are fairly
entitled to the entire region drained by the Columbia river. He sincerely regrets
that their views on tl.is subject shovdd differ in so many essential respects. It re-
mains for him to request that, as the American plenipotentiary declines the propo-
sal offered on the part of (ireat Britain, he will have the goodness to state what
arrangement he is, or the part „.f the United States, prepared to propose for an
equitable adjustment of the question, and more especially that he will have the
goodness to define the nature and extent of the clai::i= v.hich the United States may
have to other portions of the territory, to which allusion is made in the concluding
part of his statement, as it is obvious that no arrangement can be made with re-
spect to a portion of the territory in dispute, while a claim is reserved to any por-
tion of remainder

The undersigned British plenipotentiary has the honor to renew to the Ameri-
can plenipotentiary the assurance of his high considcralicn.

R. PAKENIIAM.

(B.)

(Mr. Calhoun to Mr. Fakkn-ham.)

DKI'ARTMRNT ov Statk, \

Washington, 20th September, 1844. (

The undersigned American plenipotentiary, has read with attention the counter

statement of the British plenipotentiary, but w'^'uiut weakening his confidence in

the validity of the title of the United States to the territory, as set forth in hisstate-

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ment (marked A.) As therein set forth, it rests, in the first place, on priority of
discovery, sustained by their own proper claims, and those derived from Spain
throuj^h the treaty of Florida. The undersigned does not understand the countcr-
statemcut as denying that the Spanish navigators \vere the first to discover and ex-
plore the entire coast of the Oregon territory ; nor that Heceta was the first who
discovered the mouth of the Columbia river ; nor that Captain Gray was the first
to pass its bar, enter its mouth, and sail up its stream ; jior that these jointly held
by the United States, would give them the priority of discovery which they claim.
On the contrary, it- would seem that the counter-statement, from the ground it
takes, admits such would be the case on that supposition ; for it assumes that Spain,
by the Nootka Sound convention in 1790, divested herself of all claims to the terri-
tory, founded on the prior discovery and explorations of her navigators, and that
she could consequently transfer none to the United States by the treaty of Florida,
Having put aside the claims of vSpain by this assumption, the counter-statement
next attempts to oppose the claims of the United States by those founded on the
voyages of Captains Cook and Meares, and to supersede the discovery of Captain
Gray, on the ground that Vancouver sailed further up the Columbia river than he
did, although he effected it by the aid of his discoveries and chartt. It will not be
expected of the undersigned that he should seriously undertake to repel what he is
constrained to regard as a mere assumption, unsustained by any reason. It is suf-
ficient, on his part, to say that in his opinion, there is nothing in the Nootka
Sound convention, or in the transactions which led to it, or in the circumsluices
attending it, to warrant the assumption. The convention relates wholly to other
subjects, and contains not a word in reference to the claims of Spain. It is on this
assumption that the counter-statement rests its objection to the well founded
American claims to priority of discovery. Without it, there would not be a plaus-
ible objection left to thcni.

The two next claims on which the United States rests their title to the terri-
tory, as set forth in statement (.\.), are founded on their own proper right, and
cannot possibly he affected by the assumed claims of Great Britain, derived from
the Nootka convention. The first of these is priority of discovery and exploration
of the headwaters and upper portions of the Columbia river by Lewis and
Clarke ; by which that great stream was first brought to the knowledge of the
world, with the exception of a small portion near the ocean, including its
month. This counter-statement admits ; but attempts to set off against it the prior
discovery of Mackenzie of the headwaters of the Frazer'f river — quite an inferior
stream, which drains the northern portion of the territory. It is clear that, what-
ever right Great Britain may derive from his discovery, it can, in no degree, atTect
the right of tlie United .States in the region drained by the Columbia, which may
be emphatically called the river of the territory.

The next of these, founded on their own proper right, is priority of settlement.
It is not denied by the counter-statement, that we formed the first settlements in
the portion of the territory drained by the Columbia river ; nor does it deny that
Astoria, the most considerable of them, was restored, under the third article of the
treaty of Ghent, by agents on the part of (ireat Britain, duly authorized to make
the restoration, to an agent on the part of the United States duly authorized to re-
ceive it. Nor does it deny that, in virtue thereof, they have the right to be rein-
stated, and considered the party in possession while treating of tlie title, as was
admitted by Lord Castlereagh in the negotiation of 1818 ; nor that the convention
of 1818, signed a few days after the restoration, and that of 1827, which is still in
force, have preserved and perpetuated until now all the rights they possessed to

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the territory at the time, including that of being reinstated and considered the
party in possession while the question of title is depending, as is now the case. It
is true, it attempts to weaken the effect of those implied admissions — in the first
place, by designating positive treaty stipulations as "an understanding between
two Governments ;" but a change of phraseology cannot possibly transform treaty
obligations into a mere understanding ; and, in the next place, by stating that we
have not, since the restoration of Astoria, actually occupied it, but that cannot
possibly affect our right to be reinstated, and to be considered in possession, secur-
ed to us by the treaty of Ghent, implied in the act of restoration, and since pre-
served by positive treaty stipulations. Nor can the remarks of the counter-state-
ment in reference to Lord Castlereagh's admission weaken our right of posses-
sion, secured by the treaty, and its formal and unconditional restoration by duly
authorized agents.

It is in these,' and not on the denial of the authenticity of Lord Castlereagh's
dispatch, that the United States rests their right of possession, whatever verbal
communication the British minister may have made at the time to our Secretary
of State ; and it is on these that they may safely rest it, setting aside altogether
the admission of Lord Castlereagh. The next claims on which our title to the ter-
ritory rests are those derived from Spain by the treaty ceding Louisiana to the
United States, including those she derived from Great Britain by the treaty of 1763.
It established the Mississippi as " the irrevocable boundary between the territories
of France and Great Britain ;" and thereby the latter surrendered to hVance all her
claims on this continent west of that river, including of course, all within the
chartered limits of her colonies, which extended to the Pacific ocean. On these,
united with those of France as the pt)Ssessor of Louisiana, we rest our claim of
continuity, as extending to that ocean, without an opposing claim, except that of
Spain, which we have since acquired, and consequently removed, by the treaty of
Florida. The existence of these claims the counter statement denies, on the au-
thority of Mr. Jefferson ; but, as it appears to the undersigned, without adequate
reasons. He does not understand Mr. Jefferson as denying that the United States
acquired any claim to the Oregon territory by the acquisition of Louisiana, either
in his letter of 1803, referred to by the counter-statement, and from which it also
refers. It is manifest, from tiie extract itself, that the object of Mr. Jefferson was
not to state the extent of the claims acijuired with Louisiana, i)ut simply to state
how far its unquestioned boundaries extended ; and these he limits westwardly b}-
the Rocky mountains. It is, in like manner, manifest from the document, as cited
by the counter-statement, that his object was not to deny that our claims extended
to the territory, but simply to express his opinion of the impolicy, in the then
state of our relation:; with Spain, of bringing them forward. This, .so far from
denying that we had claims, admits them by the clearest implication. If, indeed,
in either case, his opinion had been equivocally expressed, the prompt measures
adopted by him to explore the territory, after the treaty was negotiated, but be-
fore it was ratified, clearly show that it was his opinion not only that wc had ac-
quired claims to it, but highly important claims, which deserved prompt attention.
In addition to this denial to our claims ot the territory on the authority of Mr.
Jefferson, which the evidence relied on does not seem to sustain, the counter-state-
ment intimates an objection to continuity as the foundation of a right, on the
ground that it may ti'.orc jiropcrly be considered ( to use his own words) as demon-
strating the greater degree of the interest which the United States possessed by
reason of contiguity, in ac<juiring territory in a westward direction. Contiguity
may, indeed, be regarded as one of the elements constituting the right of continu-

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ity — which is more comprehensive — and is necessarily associated with the right of
occupancy, as has been shown in statement A. It also shows that the laws which
usage has established in the application of the right to this continent, gave to the
European settlements on its eastern coasts an indefinite extension westward. It is
now too late for Great Britain to deny a right on which she has acted so long, and
by which she has profited so much ; or to regard it as a mere facility, not affecting
in any way the question of right. On what other right has she extended her
claims westwardly to the Pacific ocean from her settlements around Hudson's Bay ?
or expelled France from the east side of the Mississippi, in the war which termina-
ted in 1763 ?

As to the assumption of the counter-statement, that Louisiana, while in the
possession of Spain, became subject to the Nootka Sound convention — which, it
is alleged, abrogated all rights of Spain to the territory, including those acquired
with Louisiana — it will be time enough to consider it, after it shall be attempted to
be shown that such, in reality was the efFect. In the meantime the United States
must continue to believe that they acquired from France, by treaty of Louisiana,
important and substantial claims to the territory. The undersigned canno^^ assent
to the conclusion to which, on a review of the whole ground, the counter-statement
arrives, that the present state of the question is, that Great Britain possesses and ex-
ercises, in common with the United States, a right of joint occupancy in the Ore-
gon territory, of which she can be divested only by an equitable partition of the
whole between the two Powers. He claims, and he thinks he has shown, a clear
title on the part of the United States to the whole region drained by the Columbia,
with the right of being reinstated and considered the party in possession, while
treating of the title — in which character he must insist on their being considered,
in conformity with positive treaty stipulations. He cannot, therefore, consent that
they shall be regarded, during the negotiation, mei'ely as occupants in common
with Great Britain. Nor can he, while thus regarding their rights, present a coun-
ter-proposal, leased on the supposition of a joint occupancy merely, until the ques-
tion of title to the territory is fully discussed. It is, in his opinion, only after such
discussion, which shall fully present the titles of the parties respectively to the ter
ritory, that their claims to it can be fairly and satisfactorially adjusted. The United
States desire only what they deem themselves justly entitled to ; and are unwilling
to take less.

With their present opinion of their title, the British plenipotentiary must see
that the proposal which he made at the second conference, and which he more
fully sets forth in his counter-statement, falls far short of what they believe them-
selves justly entitled to. In reply to the request of the British plenipotentiary,
that the undersigned should define the nature and extent of the claims which the
United vStates have to the other portions of the territory, and to which allusion is
made in the concluding part of document A., he has the honor to inform him, in
general terms, that they are derived from Spain by the Florida treaty, and are
founded on the discoveries and explorations of her navigators ; and which they
must regard as giving them a right to the extent to which they can be established,
unless a better can be opposed.

Thk Right Hon. R. Pakenham. J. C. CALHOUN,

1845 PROVISIONAL GOVERNMENT. 1 97

(J. B.)
(Mr. BUCHAIS'AN TO Mr. Pakenham.)

Department of State, \
Washington, July 12th, 1845. j

The undersigned. Secretary of State of the United States, now proceeds to re-
snuic the negcliations on the Oregon question, at the point where it was left by
his predecessor. The British plenipotentiary, in his note to Mr. Calhoun of the
I2th vSeptembcr last, requests that "as the American plenipotentiary declines the
proposal offered on the part of Great Britain, he will have the goodness to state
what arrangement he is, on the part of the United States, prepared to propose for
an equitable adjustment of the question ; and more especially that he will have
the goodness to define the nature and extent of the claims which the United States
may liave to other portions of the territory, to which allusion is made in the con- .
eluding part of his statement, as it is obvious that no arrangement can be made
with respect to a part of the territory in dispute while a claim is reserved to any
portion of the remainder." The Secretary of State will now proceed (reversing
the order in which these requests have been made), in the first place, to present
the title of the United States to the territory north of the valley of the Columbia ;
and will then propose, on the part of the President, the terms upon which, in his
opinion, this long pending controversy may be justly and equitably terminated be-
tween the parties.

The title of the United States to that portion of the Oregon territory between
the valley of the Columbia and the Russian line, in 54° 40' north latitude, is re-
corded in the Florida treaty. Under this treaty, dated on the 22d February, 1819,
Spain ceded to the United .States all her " rights, claims and pretensions" to any
territories west of the Rocky mountains and north of the 32d parallel of latitude.
We contend that, at the date of this cession, Spain had a good title, as against
Great Britain, to the whole Oregon territory ; and, if this be established, the ques-
tion is decided in favor of the United States. But the American title is now en-
countered at every step by declarations that we hold it subject to all the conditions
of the Nootka Sound convention between Great Britain and Spain, signed at the
Escurial on the 2.Slh of October, 1790. Great Britain contends that, under this
convention, the title of Spain was limited to a common right of joint occupancy
with herself over the whole territory. To employ the language of the British plen-
ipotentiary : " If Spain could not make good her own right of exclusive douun-
ion over those regions, still less could she confer such a right on another power;
and hence Great Britain argues that from nothing deduced from the treaty of 1819
can the United States assert a valid claim to exclusive dominion over any part of
the Oregon territory."

Hence it is that Great Britain, resting her pretensions on the Nootka Soitnd
convetition, has necessarily limited her claim to a nicie right of joint occupancy
over the whole territory, in common with the United States, as the successor of
Spain, leaving the right of exclusive dominion in abeyance. It is, then, of the
first importance that wc should ascertain the true construction and meaning of the
Nootka vSouud convention. If it shoidd appear that this treaty was transient in its
very nature — that it conferred upon Great Britain no right but that of meiely trad-
ing with the Indians while the country shoidd remain unsettled, and making the
necessary establishments for this purpose — that it did not interfere with the ulti-
mate sovereignty of Spain over the territory ; and, above all, that it was annulled
by the war between Spain and Great Britain in 1796, and has never since been re-

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newed by the parties — then the British claim to any portion of this territory will
prove to be destitute of any foundation. It is unnec-'.^ary to detail Lhe circum-
stances out of which this convention arose. It is sufficieni to say that John Moarcs,
a B.-itish subject, sailing under the Portuguese flag, landed ?.t Nootka S-und, in
1788, and made a temporary establishment there for the piiniosc of building a ves-
sel ; and that the Spaniards, in 1789, took possession of this establishment, under
the orders of the Viceroy of Mexico, who claimed for Spain the exclusive sover-
eignty of the whole territory on the northwest coast of America up to the Russian
line.

Meares appealed to the British Government for redress against vSpain, and the
danger of war between the two nations became imminent. This was prevented by
the conclusion of the Nootka Sound convention. That convention provides, by its
first and second articles, for the restoration of the lands and l)uildings of which
■ the subjects of Great Britain had been disposssesd by the Spaniards, and the pay-
ment of an indemnity for the injuries sustained. This indemnity was paid by Spain ,
but sufficient evidence has been adduced, that neither Nootka Sound, or any other
spot upon the coast, was ever actually surrendered by that Power to Great Britain.
All we know with certainty is, that Spain continued in possession of Nootka Sound
until 1795, when sh? voluntarily abandoned the place.

Since that period, no attempt has been made (unless very recently) by Great
Britain or her subjects, to occupy either this or any other part of Vancouver's Is-
laii:l. It is thus manifest, that she did not formerly attach much importance to
the exercise of the rights, whatever they may have been, which she had ?■ quired
under tne Nootka vSound convention. The only other portion of this convention
important for the present discussion will be be found in the third and fifth articles.
They arc as follows ; "Art. 3. In order to strengthen the bonds of friendship,
and to preserve in future a perfect harmony and good understanding between the
two contracting parties, it is agreed that their respective subjects shall not be dis-
turbed or molested, either in navigating or carrying on their fisheries in the Pacific
ocean or in the South Sea, or in landing on the coast of those seas in places not
already occupied, for the purpose of carrying on their commerce with the natives
of the country, or of making settlements there ; the whole subject, nevertheless, to
the restrictions specified in the three following articles. " The material one of which
is — "Art. 5. As well in the places which are to be restored to the British sub-
jects, by virtue of the first article, as in all other parts of the northwestern coasts
of North America, or of the islands adjacent, situate to the north parts of the said
coa~' already occupied by Spain, whenever the subjects of cither of the two Powers
sh-ii . have made settlements since the month of April, 1789, or shall hereafter
ma' -^ny, the subjects of the other shall have free access, and shall carry on
then vade without any disturbance or molestation."

It may be observed as a striking fact which must have an important bearing
against the claim of Great Britain, that this convention, which was dictated by her
to Spain, conta-ns no provision impairing the ultimate sovereignty which that
Power had asserted for nearly three centuries over the whole western side of North
America as far north as the 6ist degree of latitude, and which had never been seri-
ously questioned by any European nation. This right has been maintained by
Spain with the most vigilant jealousy ever since the discovery of the American
continent, and had been acquiesced in by all European Governments. It had been
admitted even beyond the latitude of 54° 40' north by Russia, then the only Power
Slaving claims which come in collision with Spain ; and that too under a sovereign
peculiarly tenacious of the territorial rights of her empire. This will appear from

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the letter of Count dc Fenian Nunez, the Spanisli embassador at Paris, to M. de
Monttnorin, the Secretary of the Foreign Department of France, dated Paris, June
16, 1790. From this letter, it seems that complaints had been made b\- vSpain to
the court of Russia against Russian subjects for violating the Spanish territory on
the northwest coast of America, south of the 61st degree of north latitude ; in con-
sequence of which, that court, without delay, assured the King of Spain "that it
was extremely sorry that the repeated orders issued to prevent the subjects of Rus-
sia from violating in the smallest degree, the territory belonging to another Power,
should have been disobeyed."

This convention of 1790 recognizes no right in Great Britain , either present or pro-
spective, to plant permanent colonies on the northwest coast of America, or to ex-
ercise such exclusive jurisdiction over any portion of it as is essential to sovereignty.
Gerat Britain obtained from Spain all she then desired — a mere engagement tliat her
subjects should "not be disturbed or molested " "in landing on the coasts of those
seas in places already occupied, for the purpose of carrying on their commerce with
the natives of the country, or of making settlements there." What kind of settle-
ments ? This is not specified ; but surely their character and duration are limited
by the object which the contracting parties had in view. They must have been
such only as were necessary and proper " for the jvarpose of carrying on commerce
with the natives of the country." Were these settlements intended to expand into
colonies, to expel the natives, to deprive Spain of her sovereign righ ts, and to confer
the exclusive jurisdiction over Ihe whole territory on Great Britain ? Surely, Spain
never designed any such results ; and if Great Britain has obtained these conces-
sions by the Nootka Sound convention, it has been by the most extraordinary con-
struction ever imposed upon human language. But this convention also stipulates
that these settlements which might be made by the one party " the subjects of the
other shall have free access, and shall carry on their trade without any disturbance
or molestation." What trade ? Certainly that " with the natives of the country."
as prescribed in the third article ; and this, from the very nature of things, could
continue only while the country should remain in the possession of the Indian.
On no other construction can this convention escape from the absurdities attribu-
ted to it by British statesmen, when under discussion before the House of Com-
mons. ' ' In every place in which we might settle ( said Mr. — afteward Earl — Grey),
access was left for the Spaniards. When we might form a settlement on one hill,
they might erect a fort on another ; and a merchant must run all the risks of a dis-
covery, and all the expenses of an establishment, for a property which was liable to
be the subject of continual dispute, and could never be placed upon a permanent
footing." Most certainly, this treaty was, in its very nature, ^temporary ; and tne
rights of Great Britain under it were never intended to "be placed upon a perma-
nent footing." It was to endure no longer than the existence of those peculiar
causes, which called it into being. vSuch a treaty creating British and Spanish
settlements intermingled with each other, and dotted over the whole surface of the
territory, wherever a British or Spanish merchant could find a spot favorable for
trade with the Indians, never could have been intended for a permanent arrange-
ment between civilized nations. But whatever may be the true construction of the
Nootka Sound convention, it has, in the opinion of the undersigned, long since
ceased to exist.

The general rule of national law is, that war terminates all subsisting treaties
between the belligerant powers. Great Britain has maintained this rule to its ut-
most extent. Lord Bathurst, in negotiating with Mr. Adams, in 1815, says, "that
Great Britain knows of no exception to the rule that all treaties are put an end

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to by subsequent war between the same parties." Perhaps the only exception to
this rule — if such it may be styled — is that of a treaty recognizing certain sovereign
rights as belonging to a nation, which had previously existed, independently of
any treaty engagement. These rights, which the treaty did not create, but merely
acknowledged, cannot be destroyed by war between the parties. Such was the
acknowledgment of the fact, by Great Britain, under the definitive treaty of 17H3,
that the United vStatcs were "free, sovereign, and independent." It will scarcely
be contended that the Nootka Sound convention belongs to this class of treaties.
It is difficult to imagine any case in which a treat}' containing mutual engagements,
still remaining unexecuted, would not be abrogated by war. The Nootka Sound
convention is strictly of this character.

The declaration of war, therefore, by Spain against Great Britain, in October,
1796, annulled its provisions, and freed the parlies from its obligations. The whole
treaty consisted of mutual express engagements to be performed by the contracting
parties. Its most important article (the third), in reference to the present discus-
sion, does not even grant, in aflfirmative terms, the right to the contracting parties
to trade with the Indians, and to make settlements. It merely engages in negative
terms, that the subjects of the contracting parties " shall not be disturbed or mo-
lested," in the exercise of these treaty privileges. Surely this is not such an en-
gagement as will continue to exist in despite of war between the parties. It is
gone forever, unless it has been revived in express terms by the treaty of peace, or
some other treaty between the parties. Such is the principleof p-' lie law, and the
practice of civilized nations. Has the Nootka Sound convention been thus revived?
This depends entirely upon the true construction of the additional articles to the
treaty of Madrid, which was signed on the 28th of August, iSi4,and contained the
onl}- agreement between the parties since the war of 1756, for the renewal of en-
gagements existing previous to the latter date. The first of the additional articles
of this i.reaty provides as follows : " It is agreed that pending the negotiation of
a new treaty of commerce, Great Britain shall be admitted to trade with Spain
upon the same conditions as those which existed previous to 1 796 ; all the treaties
of commerce which at that period subsisted between the two nations being hereby
ratified and confirmed."

Tlie first observation to be made upon this article is, that it is confined in
terms to the trade with Spain, and does not embrace her colonies or remote terri-
tories. These had always been closed against foreigners. Spain had never con-
ceded the privilege of trading with her colonies to any nation, except in the single
instance of the Asiento, which was abrogated in 1740 ; nor did any of the treaties
of commerce which .were in force between the two nations previous to 1795, make
such a concession to Great Britain. That this is the true construction of the first
additional article of the treaty of Madrid, appears conclusively from another part
of the instrument. Great Britain, by an irresistible inference, admitted that she
had acquired no right under it to trade with the colonies, or remote territories of
Spain when she obtained a stipulation in the same treaty, that, "in the event of
the commerce of the vSpanish American possessions l)eing opened tt> foreign nations.
His Catholic Majesty promises that Great Britain .shall be admitted to trade with
those possessions as the most favored nations." But even if the first additional ar-
ticle of the treaty of i<Si4 were not thus expressly limited to the revival of the trade
of Great Britain with the kingdom of Spain in Europe, without reference to any
other portion of her dominions, the Nootka Sound convention can never be tmbi aced
under the denomination of a treaty of commerce between the two Powers. It con-
tains no provision whatever to grant or to regulate trade between British and

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PROVISIONAL GOVERNMENT.

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Spanish subjects. Its essential Part, so far as concerns the present question, re-
lates not to auj' trade or cotnmerce between the subjects of the respective Powers ;
it merely prohibits the subjects of either from disturbing or molesting those of the
other in trading with third parties — the natives of the country. The " grant of
making settlements," whether understood in its broadest or most restricted sense,
relates to territorial acquisition, and not to trade or commerce in any imaginable
form.

The Nootka Sound Convention, then, cannot in any sense, V)e considered
a treaty of commerce and not therefore revived by the treaty of Madrid
of 1814. When the war commenced between Great Britain and Spain in
1796, several treaties subsisted between them, which were, both in title and sub-
stance, treaties of commerce. These, and these alone, were revived by the treaty
of 1814. That the British Go\'ernment itself had no idea in 181S that the Nootka
Sound convention was then in force, may be fairly inferred from their silence upon
the subject during the whole negotiation of that year on the Oregon question.
This convention was once referred co by the British Plenipotentiaries, They then
rested their claims upon other foundations. Surely that which is now their main
reliance would not have escaped the observation of such statesmen had they then
supposed it was in existence. In view of all these considerations, the undersigned
respectfully submits that if Great Britain has valid claims to any portion of the
Oregon territory, they must rest upon a better foundation than that of the Nootka
Sound convention.

It is far from the intention of the undersigned to repeat the argument by which
his predecessor (Mr. Calhoun) has demonstrated the American title "to the centre
region drained by the Columbia river and its branches. He has shown that t ) the
United States, belongs the discovery of the Columbia river, and that Captain Gray
was the first civilized man who ever entered its mouth and sailed up its channel, 'uap-
tizing the river itself with the name of his vessel ; that Messrs. Lewis and Clarke,
under a commission from their Government, first explored the waters of this river
almost from its head springs to the Pacific, passing the winter of 1805 and 1806, on
its northern shores near the ocean; that the first settlement upon this river was
made by a citizen of the United States, at .Astoria ; and that the British Govern-
ment solemnly recognized our rights to the possession of this settlement, which
had been captured during the war, by surrendering it to the United States on the
6th day of October, 1818, in <jbedience to the treaty of Ghent.

If the discovery of the mouth of a river, followed up within a rensonable
time by the first exploration, both of its main channel and its branches, and ap-
priatcd by the first settlements on its banks, do not constitute a title to the terri-
tory drained by its waters in the nation performing these acts, then the principles
consecrated by the practice of civilized tuitions ever since the discovery were nec-
essary to preserve the peace of the world. Had they not been enforced in practice,
clashing claims to newly discovered territory, and perpetual strife among nations,
would have been the inevitable result. The title of the United vStates lo the entire
region drained by the Columbia river and its branches, was perfect and complete
before the date of the treaties of joint occupation of October, 181S, and August,
1S27 ; and under the express provisions of these treaties, this title, while they en-
dure, can never be impaired by any act of the British Government. In the strong
lanyuange of the treaty of i^2y. " nothing contained in this convention, or in the
third article of the convention of 1818, hereby continued in force, shall be construed
to impair, or in any manner affect, the claims which either of the contracting parties
may have lo any part of the country westward of the Stony or Rocky mountains."

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Had not the convention contained this plain provision, which has prevented the re-
spective parties from looking with jealousj' on the occupation of portions of the terri-
tory by the citizens and subjects of each other, its chief object — which was to pre-
serve peace and prevent collisions in those distant regions — would have been en-
tirely defeated. It is then manifest tliat neither the grant of this territory for a
term of years, made by Great Britain to the Hudson's Hay Company in December,
1S21, nor the extension of this grant in 1S38, nor the settlements, trading posts,
ami forts, which have been established by that company under it, can, in the
slightest degree, strengthen the British, or impair the American title to any jiortion
of the Oregon territory. The British claim is neither l)etter nor worse than it was
on the 29th October, 181S, the date of the first convention.

The title of the United .Stales to the valley of the Columbia is older than the
Florida treaty of Feburary, 1S19, under which the United States acquired all the
rights of Spain to the northwest coast of America, and exists independently of its
provisions. Even supposing, then, that the British construction of the Nootka
Sound convention were correct, it could not apply to this portion of the territory
in dispute. A convention between Great Britain and Spain, originating from a dis-
pute concerning a petty trading establishment at Nootka Sound, could not abridge
the rights of other nations. Both in public and private law, an agreement between
two parties can never bind a third, without his consent, express or implied. The
extraordinary propositon will scarcely be again urged, that our acquisition of the
rights of Spain under the Florida treaty can in any manner weaken or impair our
pre-existing title. It may often become expedient for nations, as it is for individ-
uals, lO purchase an outstanding title merely for the sake of peace ; and it has never
heretofore been imagined that the acquisition of such a new title rendered the old
less valid. Under this principle, a partv having two titles would be confined to
his worst, and forfeit his best. Our acquisition of the rights of Spain, then, under the
Florida treaty, while it caimot affect the prior title of the United States to the valley of
Columbia, has rendered it more clear and unquestionabU before the world. We have
a perfect right to claim .nder both these titles ; andth'j .Spanish title alone, even if
it were necessary to confine ourselves to it, would, in the opinion of the President,
be good as against Great Britain, not merely to the valley of the Columbia, but the
whole territory of Oregon. Our own American title, to the extent of the valley of
the Columbia, resting as it does on discovery, exploration, and possession — a pos-
session acknowledged by a most solemn act of the British Government itself — is
sufficient assurance a'jainst all mankind ; while our superadded title derived from
Spain extends our exclusive right over the whole territory in dispute as against
Great Britain.

I I

Such being the opinion of the President in regard to the title of the United
States, he would not have consented to yield any portion of the Oregon territory
had he not found himself embarrassed, if not committed, by the acts of his prede-
cessor. They had uniformly proceeded upon the principle of compromise in all
their negotiations. Indeed, the first question presented to him, after entering upon
the duties of his office, was, whether he should abruptly terminate the negotiation
which had been commenced and conducted between Mr. Calhoun and Mr. Paken-
ham on the principle avowed in the first protocol, not of contending for the whole
territory in dispute, but of treating of the respective claims of the parties, " with
the view to establish a permanent boundary between the two countries westward of
the Rocky mountains." In view of these facts, the President has determined to
pursue the present negotiation to its conclusion upon the principle of compromise

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in which it commenced, and to make one more effort to adjust this loii^ pendinjr
controversy.

In this determination he trusts that the British Government will recognize his
sincer/ and anxious desire to cultivate the most friendly relations hctwcen the two
countries, and to manifest to the world that he is actuated by a spirit of moderation.
He has, therefore, instructed the undersigned again to propose to tlie CTOvernment
of Great Britain that the Oregon territory shall be divided between the two coun-
tries by the 49th parallel of nortii latitude from the Rocky mountains to the Pacific
ocean ; ollering, at the same time, to make free to tireat Britain any port or ports
on \'ancouver's Island south of this parallel, which the British Governnient may
desire. He trusts that Great Britain may receive this proposition in the friendly
spirit by which it was dictated, and that it may prove the stable foundation of last-
ing peace atid harmony between the two countries. The line proposed will carry
out the principle of continuity equally for both parties, by extending the limits
both of ancient Louisiana and Canada to the Pacific along the same parallel of lat-
itude which divides them east of the Rocky mountains ; and it will secure to each
a sufficient number of commodious harbors on the northwest coast of America.

The undersigned avails himself of this occasion to renew to Mr. Pakenham
the assurance of his distinguished consideration.
The Right Hon. R. Pakenham. JAMEvS BUCHANAN.

(Mr. Pakenham to Mr. Buchanan.)

(R.P.)

Washington, July 29, 1845.

Notwithstanding the prolix discussion which the subject has already under-
gone, the undersigned, Her Britannic Majesty's Knvoy Extraordinarj' and Minister
Plenipotentiary, feels obliged to place on record a few observations in reply to the
statement marked J. B., which he had the honor to receive on the i6th of this
month, from the hands of the Secretary of vState of the United States for the settle-
ment of the Oregon question.

In this paper it is stated that " the title of the United States to that portion of
Oregon territory between the valley of the Columbia, and the Russian line, in
54° 40' north latitude, is recorded in the P'lorida treaty. Under this treaty, dated on
22d February, 1819, Spain ceded to the United Slate" "" her rights, claims, and
pretensions to any territories west of the Rocky mountains, and north of the 42d
parallel of latitude." "We contend,"" says the Secretary of State, "that at the
date of this convention Spain had a good title, as against Great Britain, to the
whole of Oregon territory, and, if this be established, the question is then decided
in favor of the United States," the convention between Great Britain and Spain,
signed at the Escurial, on the 28th of October, 1790, notwithstanding. "If," says
the American Plenipotentiary, " it should appear that this treaty was transient in
its very nature ; that it conferred upon Great Britain no right but that of merely
trading with the Indians, whilst the country should remain unsettled, and making
the necessary establishments for this purpose ; that it did not interfere with the ulti-
mate sovereignty of Spain over the territory ; and, above all, that it was annulled
by the war between Spain and Great Britain in 1796, and has never since been re-
newed by the parties, that the British claim to any portion of the terrtiory will
prove to be destitute of foundation."

The undersigned will endeavor to show, not only that when Spain concluded

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with the I'liitecl vSlates the treaty of iSrg, coinmoiih- called the Florida treaty, the
convention concluded between the former Tower and Cireat Britain, in 1790, was
considered by the parties to it to be still in force ; but even that, if no such treaty
had ever existeil, Great Hritain would stand, with reference to a claim to the ( )re-
goii territory, in a position at least as favorable as the United vStatcs.

The treaty of 1790 is not appealed toby the British Government, as the Amer-
ican I'lcnipotcntiary seems to suppose, as their " main reliance" in the i)resent <lis-
cussion ; it is appealed to, to show that, by the treaty of 1819, by which "Spain
ceded to the United States all her rights, claims, and pretensions, to any territories
west of the Rocky mountains, and north of the 42d parallel of latitude," the
United States acquired no right to exclusive domain over any part of the Oregon
territory. The treaty of 1790 embraced in fact, a variety of objects. It partook in
some of its stipulations of the natureof a commercial convention ; in other respects
it must be considered as an acknowledgment of existing rights, an admission of
certain principles of international law.not to be revoked at the pleasure of either party
or to l)e set aside by a cessation of friendly relations between them. Viewed in the
former light, its stipulations might have been considered as cancelled in conse-
quence of the war which subsequently took place between the contracting parties,
were it not by treaty concluded at Madrid, on the 28th of August, 1814, it was de-
clared that all the treaties of commerce which subsisted between the two nations
( Great Britain and vSpain ) in 1796 were thereby ratified and confirmed. In the
latter point of view, the restoration of a state of peace was of itself suflicient to
restore the admissions contained in the convention of 1 790 to their full original force
and vigor. There are, besides, very positive reasons for concluding that Spain did
not consider the stipulations of the Nootka convention to have been revoked by
the war of 1796, so as to require, in order to be binding on her, that they should
have been expressly revived or renewed on the restoration of peace between the
two cc untries. Had Spain considered that convention to have been annulled by the
war ; in other words, had she considered herself restored to iu.r former position and
pretensions with respect to the exclusive dominion over tlu uim ; cupied parts of the
North American continent, it is not to be imagined that sbe \\'juld have passively
submitt'. !, to sec thecontending claims of Great Britain :'i.*' the United .States toa
portion of that territory, the sul)ject of negotiation and formal diplomatic transac-
tions between those two nations. It is, on the contrary, from her silence with re-
spect to the continued occupation by the British of their settlements in the Colum-
bia territory, subsequently to the convention of 1814, and when, as yet, there had
been no transfer of her rights, claims, or pretensions to the United States ; and
from her silence also, while important negotiations respecting the Columbia terri-
tory, incompatible altogether with her ancient claim to exclusive dominion, were
in progress between Great Britain and tht United States, fairly to be inferred that
Spain considered the stipulations of the Nootka convention, and the principles
therein laid down, to be still in force. Bui the American Plenipotentiary goes so
far as to say that the British Government itself had no idea, in 181S, that the
Nootka Sound convention was then in force, because no reference was made to it
on the part of England during the negotiati ^n of that year on the Oregon question.

In reply to this argument it will be surticient for the undersigned to remind
the American Plenipotentiary that in the year 1818 no claim, as derived from .Spain,
was or could he put forth by the United States, seeing that it was not until the
following year ( the year 1819 ), that the treaty was concluded by which Spain
transferred to the United States her rights, claims, and pretensions to any territory
west of the Rocky mountains, and north of the 42d parallel of latitude. Hence, it

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is obvious that in th" year 1S18, no occasion had arisen for appealinj^' to the (|iia!i-
fied nature of the n, hts, claims, and pretensions so transferred — a (pialiluatioii
imposed or at least recoj^nizcd, by the convention of Nootka. The title of thp
United States to the valley of the Columbia, the Ameriran Plenip«>tcnliary ob-
serves, if. older than the Florida treaty of February, iSiy, and exists independently
of its provisions.

Ivven supposing, then, that the Hritish construction of the Nootka vSontid con-
vention was correct, it could not ai)ply to this portion of the territory in dispute.
The undcrsijrned must be permitted respectfully to infjuire upon what principle,
unless it be upon the principle which forms the foundation of the Nootka conven-
tion, could the United Slates have acquired a title to any part of the Oregon territory,
previously to the treaty of 18 19, and independently of its provisions ? By discovery,
exploration, settlement, will be the answer. Hut, says the American Plenipoten
tiary, in another part of this statement, the rights of Spain to the west coast of
America, as far north as the 61° latitude, were so complete as never to have been seri-
ously questioned by any European nation.

They have been maintained by Spain with the most vigilant jealousy, ever
since the discovery of the America continent, and had been acquiesced in by all
European Powers. They had been admitted even by Russia, and that, too, ut\der
a sovereign peculiarly tenacion ; of the territorial rights of her empire, wh' wheu
complaints had been made to the court of Kussiri sgainst Russian subjects, for vio-
lating the Spanish territory on the northwest coast of America, did not hesitate to
assure the King of Spain that she was extremely sorry that the repeated orders is-
sued to prevent the subjects of Russia from violating, in the smallest degree, the
territory belonging to another Power should have be^^u discbtyed. In what did
this alleged violation of territory consist : assuredly in some attempted acts of
discovery, exploration, or settlement.

At that time Russia stood in exactly the same position with reference V) the
exclusive rights of Spain as the United States; and any acts in contravention of
those rights, whether emanating from Russia or from the United States, would
necessarily be judged by one and the same rule. How then can it be pretended
that acts which, in the case of Russia, were considered as criminal violation of the
Spanish territory, should, in the case of citizens of the United States be appealed
to as constituting a valid title to the territory affected by them ; and yet from this
inconsistency the American I'lenipotentiary cannot escape, if he persist in con-
sidering the American title to ha\e been perfected by discovery, exploration, and
settlement, when as yet Spain had made no transfer of her rights, if, to use his
own words, " that title is older than the Florida treaty, and exists independently
of its provisions. According lo the doctrine of exclusive dominion, the exploration
of Lewis and Clarke, and the establishment founded at the mouth of the Colum-
bia, must be condemned as encroachments on the territorial rights of Spain. Ac-
cording to the opposite principle, by which discovery, exploration, and settlement
art considered as giving a valid claim to territoiy, those very acts are referred to
in the course of the same paper as constituting a complete title in favor of the
United vStates. Besides, how shall we reconcile this high estimation of the terri-
torial rights of Spain, considered independently of the Nootka Sound convention,
with the course observed by the United States in their diplomatic transactions
with Great Britain, previously to the conclusion of the Florida treaty? That
claim advanced for the restitution of F'ort George, under the first article of the
treaty of Ghent ; the arrangement concluded for the joint occupation of the Ore-
gon territory bj' Great Britain and the United States ; and, above all, the propo-

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sal actually made on the part of the United States for a partition of the Oregon
territory ; all which transactions took place in the year 1818, when as yet Spain
had made no transfer or cession of her rights, — appear to be as little reconcilable
with any regard for these rights, while still vested in Spain, as the claim founded
on discovery, exploration, and settlement, accomplished previously to the trans-
fer of those rights to the United States. Supposing the arrangement proposed in
the 1818, or ain- other arrangement for the partition of the Oregon territory, to
have been concluded in those days, between Great Britain, and this country,
what would, in that case, have become of the exclusive rights of Spain ? There
would have been no refuge for the United States but in an appeal to the princi-
ples of the Nootka convention. To deny, the then validity of the Nootka conven-
tion, is to proclaim the illegality of any title founded on discovery, exploration,
or settlement, previous to the conclusion of the Florida treaty. To appeal to
the Florida treaty as conveyitig to the United States anj- exclusive rights, is to
attach a character of encroachment and of violation of the rights of Spain to every
act to which the United States appealed in the negotiation of 1818, as giving them
a claim to territory on the northwest coast. These conclusions appear to the un-
dersigned to be irresistible.

The United States can found no claim on discovery, exploration, and settle-
ment, effected previously to the Florida treaty, without admitting the principles
of the Nootka convention, and the consequent validity of the parallel claims of
Great Britain founded on like acts ; nor can they appeal to any exclusive right as
acquired by the Florida treaty, without upsetting all claims adduced in their own
proper right, by reason of discovery, exploration, and settlement, antecedent to
that arrangement. The undersigned trusts that he has now shown that the con-
vention of 1790 ( the Nootka vSound convention ), has continued in full force up to
the present moment. By reason, in the first place, of the commercial character of
some of its provisions, as such expressly renewed by the convention of August,
1814, between Great Britain and Spain. By reason, in the next place, of the ac-
quiescence of vSpain in various transactions, to which it is not to be supposed that
that Power would have assented, had she not felt bound by the provisions of the
convention in question. And, thirdly, by reason of repeated acts of the Govern-
ment of the United States, previous to the conclusion of the L'lorida treaty, mani-
festing adherence to the principles of the Nootka convention, or at least dissent
from the exclusive pretensions of Spain.

Having thus replied, and he hopes satisfactorily, to the observations of the
American Plenipotentiary, with respect to the etfect of the Nootka Sound conven-
tion and the F'lorida treaty, as bearing upon the subject of the present discussion,
the undersigned must endeavor to show that even if the Nootka vSound cunveiition
had never existed, the position of Great ^jdtain in regard to her claim, whether to
the whole or to anj' particular portion of the Oregon territory, is at least as good
as that of the United .States. This branch of the subject must be considered, first,
with reference to principle, to the right of their party. Great Britain, or the Uni-
ted States, to explore, or make settlements in the Oregon territory, without viola-
tion of the rights of Spain ; and next, supposing the first to be decided aflirma-
tively, with reference to the relative value and importance of the acts of discovery,
exploration, and settlements effected by each. As relates to the question of prin-
ciple, the undersigned thinks he can furnish no l)etter argument than that con-
tained in the following words, which he has already once quoted from the state-
ment the American Plenipotentiary.

"The title of the United States to the valley of the Columbia is older than

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the Florida treaty of February, 1819, under which the United States acquired all
the rights of Spain to the northwest coast of America, and exists independent!}' of
its provisions." And, again, " the title of the United States to the entire region
drained by the Columbia river and its branches, was perfect and complete before
the date of the treaties of joint occupancj- of October, 1818, and August, 1827."
The title thus referred to must be that resting on discovery, exploration, and set-
tlement. If this title then is good, or rather was good, as against the exclusive
pretensions of Spain, previously to the conclusion of the Florida treaty, so must
the claims of Great Britain, resting on the same grounds be good also. Thus,
then it seems manifest that, with or without the aid of the Nootka Sound conven-
tion, the claims of Great Britain, resting on discovery, exploration, and settlement,
are, in point of principle, equally valid with those of the United States. Let us
now see how the comparison will stand, when tried by the relative value, import-
ance, and authenticity of each. Rejecting previous discoveries north of the 42d
parallel of latitude as not sufficiently authenticated, it will be seen, on the side of
Great Britain, that, in 1776, Captain Cook discovered Cape Flattery, the southern
entrance of the {Straits of Fuca. Cook must also be considered the discoverer of
Nootka Sound, in consequence of the want of authenticity in the alleged previous
discovery of that port by Perez. In 1787, Captain Berkeley, a British subject, in
a vessel under Austrian colors, discovered the Straits of Fuca. In the same year.
Captain Duncan, in the ship Princess Royal, entered the straits, and traded at the
village of Classet. In 1788, Meares, a British subject, formed the establishment
at Nootka, which gave rise to the memorable discussion with the Spanish Govern-
ment, ending in the recognition, l)y that Power, of the right of Great Britain to
form settlements in the unoccupied parts of the northwest portion of the Ameri-
can continent, and in an engagement, on the part of Spain, to reinstate ISIeares in
the possessio-i from which he had been ejected b\ the Spanish commanders.

In 1792, Vancouver, who had be'.::i ?ent from F)ngland to witness the fulfill-
ment of the above mentioned engagement, and to effect a survey of the north-
west coast, departing from Nootka soand, entering the straits of Fuca, anc. after
an accurate survey of the coasts and inlets on both sides, discovered a passage
northward into the Pacific by which lu returned to Nootka, having thus circum-
navigated the island which now bears iiis name. And here we ha\e, as far as re-
lates to Vancouver's Island, as complete case of discovery, exploration and settle-
ment as can well be presented, giving to Great Britain, in any arrangement that
may be made with regard to the territory in dispute, the strongest possible claim
to the exclusi"" possession of that island. While Vancouver was prosecuting dis-
covery and ^. ; .oration by sea. Sir Alexander Mackenzie, a partner in the North-
west Company, crossed the Rock}- nountains, discovered the headwaters of the
river since called Fraser's river, and following for some time the course of that
river, effected a passage to the sea, being the first civilized man who traversed the
continent of .Vmerica from sea to sea in those latitudes. On the return of ^Nlac-
kenzie to Canada, the Northwest Company established trading posts in the coun-
try to the westward of the Rocky mountains. In 1806 and isii, respectively, the
same company established posts on the Tacoutche, Tesse and the Columbia. In
the year r8ii Thompson, the astronomer of the Northwest Company, discovered
the northern headwuters of the Columbia, and following its course till joined by
the rivers previously discovere<l by Lewis and Clarke, he continued his journey to
the Pacific. I'rom that time till the year 1818, when the arrangement for the
joint occupancy of the territory was concluded, the Northwest company contin-
ued to extend their operations throughout the Oregon territory, and to "occupy,"

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it may be said, as far as occupation can be effected in regions so inaccessible and
destitute of resources. While all this was passing the following events occurred
which constitute the American claim in their own proper right :

In 1792 Gray entered the mouth of the Columbia river. In 1805 Lewis and
Clarke effected a passage across the Rocky mountains, and discovering a branch
of the Columbia river, followed it until they reached the ocean. In 181 1 the trad-
ing post or settlement of Astoria was established at the mouth of the Columbia,
on the north side of that river. This post or settlement passed during the last
war into British hands by the voluntar}' act of the persons in charge of it, a fact
most clearly established. It was restored to the United States in 1818, with cer-
tain well authenticated reservations, but it was never actually re-occupied by
American citizens, having, from the moment of the original transfer or sale, con-
tinued to be occupied by British subjects. These are the acts of discovery, ex-
ploration and settlement, referred to by the United States as giving them a claim
to the valley of the Columbia in their own proper right.

The British Government is disposed to view them in the most liberal sense,
and to give to them the utmost value to which they can in fairness be entitled ;
but there are circumstances attending each and all of them which must, in the
opinion of any impartial investigator of the subject, take from them a great deal
of the effect which the American negotiators assign to them, as giving to this
country a claim to the entire region drained by the Columbia and its branches.
In the first place, as relates to the discovery of Gray, it must be remarked that
he was a private navigator, sailing principally for the purpose of trade, which fact
establishes a wide difference, in a national point ofview, between the discoveries ac-
complished by him and those effected by Cook and Vancouver, who sailed in ships of
the royal navy of Great Britain , and were sent to the northwest coast for the express
purpose of exploration and discovery. In the next place, it is a circumstance not
to be lost sight of, that it was not for several years followed up by any act which
could give it value in a national point of view ; it was not, in truth, made known
to the world either by the discoverer himself or by his Government. So recently
as the year 1826, the American Plenipotentiaries in London remarked with great
correctness, in one of their reports, that " respecting the mouth of the Columbia
river, we know nothing of Gray's discoveries but through British accounts." In
the next place, the connection of Gray's discovery with that of Lewis and Clarke
is interrupted by the intervening exploration of Lieutenant Broughton, of the
British surveying ship Chatliaui.

With respect to the expedition of I<ewis and Clarke, it must, on a close exam-
ination of the route pursued by them, be coTifessed that, neither on tneir outward
journey to the Pacific, nor on their hotneward journey to the United States, did
they touch upon the headwaters of the principal branch of the Columbia river,
which lie far to the north of the partsof country traversed and explored by them.
Thompson, of the British Northwest Company, was the first civilized person who
navigated the northern, in reality the main l)ranchofthe Columbia, ortrave- 1 any
part ofthe country drained by it. It was by a tributary of the Columbia that Lv .v.aand
Clarke made their way to the main stream of that river, which tliey reac'.ieci at a
point distant, it is believed, not more than two hundred miles from the )oint tr.
which the river had already been explored by Broughton. These facts, the under-
signed conceives, will be found sufficient to reduce the value of Lewis and Clarke's
exploration on the Columbia to limits which would by no means justify a claim
to the whole valley drained l)y that river and its branches. As to settlement, the
qualified nature of tiie rights devolved to the United States, by virtue of the res-

itward
es, ili<l
river,
them.
m who
1 iiriy
;aaiid
LHi at a
oi'it t'
niuler-
larke's
chiim
•lit, the
Lhe res-

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PROVISIONAI. GOVERNMENT.

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titution of l-'ort Astoria, has already been pointed out. It will thus be seen, the
undersigned confidently believes, that on the grounds of discovery, exploration
and settlement. Great Britain has nothing to fear from a comparison of her claims
to the Oregon territory, taken as a whole, with those of the United States. That
reduced to the valley drained by the Columbia, the facts on which the United
States rest their case are far from being of that complete and exclusive character
which would justify a claim to the whole valley of the Columbia; and that espe-
cially as relates to Vancouver's island, takcii by itself, the preferable claim of
Great Britain, in every point of view, seems to have been clearly demonstrated.
After this exposition of views entertained by the British Government respecting the
re' !t've value and importance of the British and American claims, the American
' iDotentiary will not be surprised to hear that the undersigned does not
iCL at liberty to accept the proposal offered by the American Plenipotentiary for
t".ie settlement of the question. This proposal, in fact, offers less than that ten-
dered by the .Vmerican Plenipotentiaries in the negotiation of 1826, and declined
by the British Government. On that occasion it was proposed that the naviga-
tion of the Coliimbia should be made free to both parties. On this nothing is
said in the proposal to which the undersigned has now the honor to reply ; while,
with respect to the proposed freedom of the ports on Vancouver's island south of
latitude 49°, the facts which have l)een appealed to in this paper, as giving to
Great Britain the strongest claim to the possession of the whole island, would
seem to deprive such a proposal of any value.

The undersigned, therefore, trusts that the American Plenipotentiary will be
prepared to offer some further proposal for the settlement of the Oregon question
moreconststenl. with fairness and equity, and within the reasonable expectations of
the British f 'ovcriment, as defined in the statement (marked D) which the under-
signed he ' \h-j honor to present to the American Plenipotentiary at the early part,
of the T't sen', negotiation.

Th' nu let.cigned British Plenipotentiary has the honor to renew to the Hon.
Jam°s Bucha \:i, vS-cretary of State and Plenipotentiary of the United States, the
assurance cf 1 . ..igh consideration. R. PAKENHAM,

Hon. JAME.S Buchanan.

(Mr. Buchanan to Mr. Pakenham.)
(J.R.— 2.)
Department of vState, Washington, August 30, 1845.

T? . undersigned, vSecretary of vState of the United States, deems it his duty to
make _'.!\.° observations in reply to the statement of Her Britannic Majesty's Envoy
Extr if. .1^ ^pry and Minister Plenipotentiary, marked " R. P." and dated 29th of
July, i.-^v .

Prelimina'-y to the discussion, it is necessary to fix our attention upon the
precise question under consideration in the present stage of negotiation. This
question simply is, were the titles of Spain and the United States, when united
by the P'lorida treaty, on the 22d of P''ebruary, 1819, good as against Great Britain
to the Oregon territory as far north as the Russian line, in the latitude of 54° 40' ?
If they were, it \ill be admitted that this whole territory now belongs to the
United vStates. The undersigned again remarks that it is not his purpose to re-
peat the argument by which his predecessor, Mr. Calhoun, has demonstrated the
American title "to the entire region drained by the Columbia river and its
branches." He will not thus impair its force. It is contended, on the part of

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Great Britain, that the United States acquired and holds the Spanish title sulyect
to the terms and conditions of the Nootka sound convention, concluded between
Great Britain and Spain, at the Escurial, on the 28th of October, 1790. In oppo-
sition to the argument of the undersigned, contained in his statement marked
"J, B.," maintaining thattliis convention had been annulled by the war between
Spain and Great Britain in 1796, and has never since been revived by the parties,
the British Plenipotentiary, in his statement marked "R. P." has taken the fol-
lowing position :

I. "That when Spain concluded \ t ' 'lir United States the treaty of 1819,
commonly called the Florida treaty, the ( tion concluded between the former

power and Great Britain, in 1791), was cons.. id by the parties to it to be still in
force."

And 2. ' ' But that, even if no such treaty had ever existed, Great Britain would
stand, with reference to a claim to the Oregon territory, in a position at least as
favorable as the United States, ' '

The undersigned will follow, step 1)y step, the argument of the British Pleni-
potentiary in support of these propositions. The British Plenipotentiary states that
" the treaty of 1790, is not appealed to by the British Government, as the American
Plenipotentiary seems to suppose, as their 'r ain reliance' in the present discus-
sion ;" but to show that, by the Florida treaty of 1819, the United States acquired
no right to exclusive dominion over any part of the Oregon territory. The under-
signed had believed that ever since 1826 the Nootka convention has been regarded
by the British Government as their main, if not their only reliance. The very
nature and peculiarity of their claim identified it with the construction which they
have imposed upon this convention, and necessarily excludes every other basis of
title. What but to accord with this construction could have caused Messrs. Hus-
kisson and Addington, the British commissioners, in specifying their title, on the
i6th of December, 1826, to declare "that Great Britain claims no exclusive sov-
ereignty over any portion of that territory. Her present claim, not in respect to
any part, but to the whole, is limited to a right of joint occupancy in common
with other states, leaving the right of exclusive dominion in abeyance." And
agai'i, " By that convention (of Nootka) it was agreed that all parts of the north-
western coast of America, not altogether occupied at that time by either of the
rjntracting parties, should thenceforward be ecjually open to the subjects of both
for all purposes of commerce and settlement — the sovereignty remaining in abey-
ance. But on this subject we are not left to mere inferences, however clear. The
British commissioners, in their statement from which the undersigned has just
quoted, have virtually abandoned any other title which Great Britain may have
previously asserted to the territory in dispute, and expressly declare "that what-
ever that title may have been, however, either on the part of Great Britain or on
the part of vSpain, prior to the convention of 1790, it was thenceforward no
longer to be traced in vague narratives of discoveries, several of them admitted to
be apocryphal, but in the text and stipulations of that convention itself." And
again, in summing up their whole case, they say: "Admitting that the United
States have acquired all the rights which Spain possessed up to the treaty of Flor-
ida, either in virtue of discovery, or, as is pretended, in right of Louisiana, Great
Britain maintains thai the nature and extent of these rights, as well as the rights
of Great Britain, are fixed and defined by the convention of Nootka," etc.

The undersigned, after a careful examination, can discover nothing in the
note of the present British Plenipotentiary to Mr. Calhoun, of the 12th of Sep-
tember last, to impair the force of these declaiations and admissions of his prede-

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211

cessors. On the contrary, its general tone is in perfect accordance with them.
Whatever may be the consequence then, whether for good or for evil — whether to
strengthen or to destroy the British claim — it is now too late for the British Gov-
ernment to vary their position. If the Nootka convention confers upon them no
such rights as they claim, they cannot at this late hour go behind its provisions,
and set up claims which in 1S26 they admitted had been merged "in the text and
stipulations of that convention itself." The undersigned regrets that the British
Plenipotentiary has not noticed his exposition of the true construction of the
Nootka convention. He had endeavored, and he believes successfully, to prove
that this treaty was transient in its very nature ; that it conferred upon Great
Britain no right but that of merely trading with the Indians whilst the country
should remain unsettled, and making the necessary estaLlishments for the pur-
pose ; and that it did not interfere with the ultimate sovereignty of Spain over the
territory. The British Plenipotentiary has not attempted to resist these conclu-
sions. If they be fair and legitimate, then it would not avail Great Britain, even
if it should prove the Nootka convention to be still in force. On the contrary,
this convention, if the construction placed upon it by the undersigned be correct,
contains a clear virtual admission, on the part of Great Britain, that Spain held
the eventual right of sovereignty over the whole disputed territory ; and conse-
quently that it now belongs to the United States. The value of this admission,
made in 1790, is the same, whether or not the convention has continued to exist
until the present day. But he is willing to leave this point on the uncontroverted
argument contained in his former statement. But is the Nootka sound conven-
tion still in force ? The British I'lenipotentiary does not contest the clear general
principle of public law, "that vsar terminates all subsisting treaties between the
belligerant powers." He contends, however, in the first place, that this conven-
tion is partly commercial, and that, so far as it partakes of this character, it was
revived by the treaty concluded at Madrid on the 28th of August, 1814, which de-
clares "that all the treaties of commerce which subsisted l)etween the two parties
(Great Britain and Spain) in 1796, were thereby ratified and confirmed;" and sec-
ond, "that in other respects it must be considered as an acknowledgment of sub-
sisting rights — an admission of certain principles of international law," not to be
revoked by war. In regard to the first proposition, the undersigned is satisfied to
leave the question to rest upon his former argument, as the British Plenipotentiary
has contented himself with merely asserting the fact, that the commercial portion
of the Nootka sound convention was revived by the treaty of 1S14, without even
specifying what he considers to be that portion of the convention. If the under-
signed had desired to strengthen his former position, he might have repeated with
great effect the argument contained in the note of Lord Aberdeen to the Duke of
Sotomayor, dated June 30, 1845, in which his Lordship clearly established that all
the treaties of commerce subsisting between Great Britain and Spain previous to
1796 were confined to the trade with .Spain alone, and did not embrace her col-
onies and remote possessions. The second proposition of the British Plenipoten-
tiary deserves greater attention. Does the Nootka sound convention belong to
that class of treaties containing "an acknowledgment of subsisting rights — an ad-
mission of certain principles of international law" not to be abrogated by war?
Had Spain by this convention acknowledged the right of all nations to make dis-
coveries, plant settlements, and establish colonies on the northwest coast of
America, bringing with them their sovereign jurisdiction, there would have been
much force in the argument. But such an admission never was made, and never
was intended to be made by Spain.

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The Nootka convention is arbitrary and artificial in the highest degree, and is
anything rather than the mere acknowledgement of simple and elementary princi-
ple consecrated bv the law of nations. In all its provisions it is expressly confined to
Great Britain and Spain, and acknowledges no right whatever in any third Power
to interfere with the northwest coast of America. Neither in its terms, nor in its
essence, does it contain any acknowledgement of previously subsisting territorial
rights in Great Britain, or any other nation. It is strictly confined to future engage-
ments ; and these are of a most peculiar character. Even under the construction
of its provisions maintained by Great Britain, her claim does not extend to plant
colonies — which she would have had a right to do under the law of nations, had
the country been unappropriated ; but it is limited to a mere right of joint occu-
pancy, notinre.spccttoany part, but to the whole, the sovereignty remaining inabe\ -
ance. And to what kind of occupancy? Not separate and distinct colonies, I'Ut
scattered settlements, intermingled with each other, over the whole surface of the
territory, for the single purpose of trading with the Indians, to all of which the sub-
jectsof each power should have free access, the right of exclusive dominion remaining
suspended. Surely it cannot be successfully contended that such a treaty is "an
admission of certain principles of international law," so sacred and so perpetual in
their nature as not to be annulled by war.

On the contrary, from the character of its provisions, it cannot be supposed
for a single moment that it was intended for any purpose but that of a mere tem-
porary arrangement between Great Britain and vSpain. The law of nations recog-
nizes no such principles in regard to unappiv^priated territory as those embraced
in this treaty ; and the British Plenipotentiary must fail in the attempt to prove
ib;>: it contains "an admission of certain principles of international law," which
will survive the shock of war. But the British Plenipotentiary contends that from
the silence of Spain during the negotiations of 1S18 between Great Britain and the
United States respecting the Oregon territory, as well as "from her silence with
respect to the continued occupation by the British of their settlements in the Co-
lumbia territory subsequently to the convention of 1814," it may fairly " be in-
ferred that Spain considered the stipulations of the Nootka convention, and the
principles therein laid down, to be still in force."

The undersigned cannot imagine a case where the obligations of a treaty, once
extinguished by war, can be revived without a positive agreement to this effect
between the parties. Even if both parties, after the conclusion of peace, should
perform positive and unequivocal acts in accordance with its provisions, these must
be construed as merely voluntary, to be discontinued by either at pleasure. But
in the present case it is not even pretended that Spain performed any act in accord-
ance with the convention of N'ootka Sound after her treaty with Great Britain of
1814. Her mere silence is relied upon to revive that convention. The undersigned
asserts confidently, that neither by public nor private law will the mere silence
of one party, whilst another is encroaching upon his rights, even if he had knowl-
edge of this encroachment, deprive him of those rights. If this principle be cor-
rect as applied to individuals, it holds with much greater force in regard to nations.
The feeble may not be in a condition to complain against the powerful; and thus the
encroachment of the strong would convert itself into a perfect title against the weak.
In the present Case it was scarcely possible for Spain even to have learned the
pending negotiations between the United vStates and Great Britain, in relation to
the northwest coast of America, before she had ceded all her rights on that coast to
the former by the Florida treaty of the 22d of February, 1819. The convention of
joint occupation between the United States and Great Britain was not signed at

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PROVISIONAL GOVERNMENT.

IvOndon until the 20th of October, iSiS, but four months previous to the date of
the I'lorida treaty ; and tlie ratifications were not exchanged, and the convention
published, until the 30th of January, 1819. Besides, the negotiations which term-
inated in the Flofi la treaty had been commenced as early as December, 1815, and
were in fuii progress on the 20th October, 1818, when the convention was signed
between (ircat Britain and 'he United vStates. It does not appear, therefore, that
Spain had any knowledge of the existence of these negotiations ; and even if this
were otherwise she would have had no motive to complain, as she was in the very
act of transferring all her rights to the United States. "But," says the British
Plenipotentiary, "Spain looked in silence on the continued occupation by the
British of the settlement in the Columbia territory subsequently to the convention
of 1S14, and therefore she considered the Nootka Sound convention to be still in
force." The period of this silence, so far as it could affect Spain, commenced on
the 2Sth day of August, 1814, the date of the additional articles to the treaty of
Madrid, and terminated on the 22d of February, 18 19, the date of the Florida treaty.
Is there the least reason for this silence to infer an admission by Spain of the con-
tinued existence of the Nootka Sound con%'ention ?

Ill the first place, this convention was entirely confined "to landing on the
coasts of those seas, in places not already occupied, for the purpose of carrying on
their commerce with the natives of the country, or of making settlements there."
It did not extend to the interior. At the date of this convention no person dream-
ed that British traders from Canada or Hudson's Bay would cross the Rocky
mountains and encroach on the rights of Spain from that quarter. Great Britain
had never made any settlement on the northwestern coast of America from the
date of the Nootka Sound convention until the 22d of February, 1819, nor, so far
as the undersigned is informed, has she done so down to the present moment.
vSpain could not, therefore, have complained of any such settlement. In regard to
the encroachments which had been made from the interior by the Northwest
Company, neither Spain nor the rest of the world had any specific knowledge of
their existence. But even if the British Plenipotentiary had brought such knowl-
edge home to her — which he has not attempted — she had been exhausted by one
long and bloody war, and was then engaged in another with her colonies; and
was, besides, negotiating for a transfer of all her rights on the northwestern coast
of America to the United States. Surely there were sufficient reasons for her si-
lence, without inferring from it that she acquiesced in the continued existence of
the Nootka convention. If Spain had entertained the least idea that the Nootka
convention was still in force, her good faith and her national honor would have
caused her to communicate this fact to the United States before she had ceded
this territory to them for an ample consideration. Not the least intimation of
this kind was ever communicated.

Like Great Britain in 1818, Spain had no idea that the Nootka sound conven-
tion was in force. It had then passed awaj-and was forgotten. The British Pleni-
potentiary alleges that the reason why Great Britain did not assert the existence
of the Nootka convention during the negotiations between the two Governments
in 1818 was, that no occasion had arisen for its interposition, the American Gov-
ernment not having then acquired the title of Spain. It is very true that the
United States had not then acquired the Spanish title; but it is possible to imagine
that throughout the whole negotiations the British commissioners, had thev sup-
posed this convention to have been in existence, would not have remained entire-
ly silent in regard to a treaty which, as Great Britain now alleges, gave her equal
and co-ordinate rights with Spain to the whole northwest coast of America. At

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that period Great Rritain confined lier claims to those arising from discovery and
purchase from the Indians. How vastly she could have strengthened these claims
had she then supposed the Nootka convention to be in force, with her present con-
struction of its provisions! Ivven in 1824 it was first introduced into the negotia-
tion, not by her commissioners but by Mr. Rush, the American Plenipotentiary.
But the British IMenipotentiary argues that "the United States can found no claim
on discovery, exploration and settlement effected previously to the Florida treaty,
without admitting the principles of the Nootka convention ; nor can they appeal
to any exclusive right as acquired by the Florida treaty without upsetting all
claims adduced in their own proper right by reason of discovery, exploration and
settlement antecedent to that arrangement." This is a most ingenious method of
making two distinct and independent titles' held by the same nation worse than
one — of arraying them against each other, and thus destro>ing the validity of
both. Does he forget that the United States own both these titles, and can wield
them either separately or conjointly against the claim of Great Britain at their
pleasure ? From the course of his remarks it might be supposed that Great Brit-
ain, and not the United States, had acquired the Spanish title under the Florida
treaty. But Great Britain is a third party — an entire stranger to both these titles —
and has no right whatever to marshal the one against the other. By what author-
ity can Great Britain interpose in this manner? Was it ever imagined in any
court of justice that the acquisition of a new title destroyed the old one, and
vice versa, that the purchase of the old title destroyed the new one ? In a
question of mere private right it would be considered absurd if a stranger to Ijoth
titles should say to the party who made a settlement, "You shall not avail your-
self of your possession, because this was taken in violation of another outstand-
ing title; and, although I must admit that you have also acquired this outstand-
ing title, yet even this shall avail you nothing, because, having taken possession
previously to j'our purchase, you thereby evinced that you did not regard such
title as valid." And yet such is the mode by which the British Plenipotentiary
has attempted to destroy both the American and Spanish titles. On the contrary,
in the case mentioned, the possession and the outstanding title being united in the
same individual, these conjoined would be as perfect, as if both had been vested
in him from the beginning.

The undersigned, whilst strongly asserting both these titles, and believing
each of them separately to be good as against Great Britain, has studiously
avoided instituting any comparison between them. But admitting, for the sake
of argument merely, that the discovery by Captain Gray of the mouth of the
Columbia, its exploration by Lewis and Clarke, and the settlement upon its banks
at Astoria, were encroachments on Spain, she, and she alone, had aright to com-
plain. Great Britain was a third party, and as such had no right to interfere in
the question between Spain and the United States. But Spain, instead of com-
plaining of these acts of encroachment, on the 22d of February, 1819, by the
Florida treaty, transferred the whole title to the United States. From that mo-
ment all possible conflict between the two titles ended, both being united in the
same party. Two titles which might have conflicted, therefore, were thus blended
together. The title now vested in the United States is just as strong as though
ever}' act of discovery, exploration and settlement on the part of both powers
had been performed by vSpain alone, before she had transferred all her rights to
the United States. The two powers are one in this respect ; the two titles are
one ; and, as the undersigned will show hereafter, they serve to confirm and
strengthen each other.

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PROVISIONAL GOVERNMENT.

215

If Great Britain instead of the Unit'jd vStates, had acquired the title of Spain,
she might have contended that those acts of the United States were encroach-
ments; but standing in the attitude of a stranger to both titles, she has no right
to interfere in the matter. The undersigned deems it unnecessary to pursue this
branch of the subject further than to state that the United States, before they
had acquired the title of Spain, always treated that title with respect. In the
negotiation of 1818, the American Plenipotentiary "didnot assert that the United
States had a perfect right to that country, but insisted that their claim was at least
good against Great Britain ;" and the convention of October 20, 1818, unlike that
of Nootka sound, reserved the claims of any other power or state to any part of
the said country. This reservation could have been intended for Spain alone. But
ever since the United States acquired the Spanish title they have always asserted
and maintained their rights in the strongest terms up to the Russian line, even
whilst offering for the sake of harmony and peace, to divide the territory in dis-
pute by the forty-ninth parallel of latitude. The British Plenipotentiary, then,
has entirely failed to sustain his position, that the United States can found no
claim on discovery, exploration and settlement, without admitting the principles
of the Nootka convention. That convention died on the commencement of the
war between Spain and England in 1796, and has never since been revived. The
British Plenipotentiary next "endeavors to prove that even if the Nootka sound
convention had never existed, the position of Great Britain, in regard to her
claim, whether to the whole, or to any particular portion of the Oregon territory,
is at least as good as that of the United States." In order to establish this posi-
tion, he must show that the British claim is equal in validity to the title of both
Spain and the United States. These can never be separated. They are one and
the same. Different and diverging as thej' may have been before the Plorida
treaty, they are now blended together and identified. The separate discoveries,
explorations and settlements of the two powers previous to that date, must now
be considered as if they had all been made by the United States alone. Under
this palpable view of the subject, the undersigned was surprised to find that in
the comparison and contrast instituted by the British Plenipotentiary between the
claim of Great Britain and that of the United States, he had entirely omitted to
refer to the discoveries, explorations and settlements made by Spain. The under-
signed will endeavor to supply the omission.

But, before he proceeds to the main argument on this point, he feels himself
constrained to express his surprise that the British Plenipotentiary should again
have invoked, in support of the British title, the inconsistency between the Span-
ish and American branches of the title of the United States. The undersigned
cannot forbear to congratulate himself upon the fact, that a gentleman of Mr.
Pakenham's acknowledged ability has been reduced to the necessity of relying
chiefly upon such a support for sustaining the British pretensions. Stated in
brief, the argument is this : The American title is not good against Great Brit-
ain, because inconsistent with that of Spain; and the Spanish title is not good
against Great Britain, because inconsistent with that of the United States. The
undersigned had expected something far different than such an argument in a
circle. He had anticipated that the British Plenipotentiary would have attempted
to prove that vSpain had no right to the northwestern coast of America ; that it
was vacant and unappropriated ; and hence, under the law of nations, was open
to discovery, exploration and settlement by all nations. But no such thing. On
this vital point of his case he rests his argument solely on the declaration made
by the undersigned, that the title of the United States to the valley of the Colum-

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BROWN .S POLITICAL HISTORY

1845

bia was perfect and complete before the treaties of joint occupation of October,
1818, and August, 1827, and before the date of the Florida treaty in 1819. But the
British Plenipotentiarj- ouglit to recollect that this title was asserted to be com-
plete, not against Spain, but against (Vreat Britain; that the argument was con-
ducted, not against a .Spanish but a British I'lenipotentiary ; and that the United
States, and not Great Britain, represent the Spanish title; and further, that the
statement from which he extracts these declarations was almost exclusively de-
voted to prove, in the language quoted by the British I'lenipotentiary, himself,
that "Spain had a, good title, as against Great Britain, to the whole of the Ore-
gon territory." The undersigned has never, as he before observed, instituted any
comparison between the American and Spanish titles. Holding both — having a
perfect right to rely upon both, whether jointly or separately — he has strongly as-
serted each of them in its turn, fully persuaded that either the one or the other is
good against Great Britain, and that no human ingenuity can make the Spanish
title, now vested in the United State, worse than it would have been, had it re-'
mained in the hands of Spain. Briefly to illustrate and enforce this title shall
be the remaining task of the undersigned.

And, in the first place, he cannot but commend the frankness and candor of
the British Plenipotentiary in departitig from the course of his predecessors, and
rejecting all discoveries previous to those of Captain Cook, in the year 1778, as
foundations of the British title. Commencing with discovery at a period so late,
the Spanish title, on the score of antiquity, presents a strong contrast to that of
Great Britain. The undersigned had stated, as an historical and " striking fact,
which must have an important bearing against the claim of Great Britain, that
this convention (the Nootka), which was dictated by her to Spain, contains no
provision impairing the ultimate sovereignty which that Power had asserted for
nearly three centuries over the whole western side of North America, as far north
as the 6ist degree of latitude, and which had never been seriously questioned
by any European nation. This had been maintained by vSpain with the most vig-
ilant jealousy ever since the discovery of the American continent, and had been
acquiesced in by all European Governments, It had been admitted even beyond
the latitude of 54° 40' north, by Russia, then the only Power having claims which
could come into collision with Spain ; and that too, under a sovereign peculiarly
tenacious of the territorial rights of her empire." These historical facts had not
been, as they could not be, controverted by the British Plenipotentiary, although
they were brought under his particular observation, and were even quoted by him
with approbation, for the purpose of showing the inconsistency of the several
titles held by the United States.

In the language of Count Fernati de Nunez, the Spanish Ambassador at Paris,
to M. de Montmorin, the Secretary of the Foreign Department of France, under
date of June 16, 1790: " By the treaties, demarkations, takings of possession,
and the most decided acts of sovereignty exercised by the .Spaniards in those sta-
tions from the reign of Charles II., and authorized by that monarch in 1692, the
original vouchers for which shall be brought forward in the course of the negotia-
tion, all the coast to the north of Western America, on the side of the South vSec.
as far as beyond what is called Prince William's Sound, which is in the 6tst de-
gree, is acknowledged to belong exclusively to Spain." Co'np''rpd with this a..
cient claim of Spain, acquiesced in by all B'uropean nations for centuries, the
claim of Great Britain, founded on discoveries commenced at so late a period as
the year 1778, make an unfavorable first impression. Spain considered the
northwest coast of America as exclusively her own. She did not send out expedi-

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PROVISIONAL GOVKRNMKNT.

317

tions to explore that coast for the purpose of rejideriiig her title more valid. When
it suited her convenience, or pn)uioted her own interest, she fitted out such expe-
ditions of discovery to ascertain the character and extent of her own territory, and
yet her discoveries along that coast are far earlier than those of the Rritish.

That Juan De I'uca, a (ireek, in the service of Spain, in 1592, discovered and
sailed through the strait now bearing his name, from its southern to its northern
extremity, and thence returned by the same passage, no longer admits of reason-
able doubt. An account of this voyage was published in London in 1625, in a
work called the Pilgrims, by Samuel Purchas. This account was received from
the lips of Fuca himself at Venice, in April, 1596, by Michael Lock, a highly re-
spectable Ivnglish merchant. During a long period, this voyage was deemed fab-
ulous because subsequent navigators had in vain attempted to find these straits,
p-inally, after they had been found, it was discovered that the description of De
Fuca corresponded so accurately with their geography and the facts prese.'ted by
nature upon the ground, that it was no longer possible to consider his narration
as fabulous.

It is true that the opening of the straits from the south lies between the 48th
and 49th parallels of latitude, and not between the 47th and 48th parallels, as he
had supposed ; but this mistake may be easily explained by the inaccuracy .so com-
mon throughout the i6th century in ascertaining the latitude of places in newly
discovered countries. It is also true that De Fuca, alter passing through these
straits, supposed he had reached the Atlantic, and had discovered the passage so
long and so anxiously sought after between the two oceans ; but from the total ig-
norance and misapprehension which had prevailed at that early day of the geog-
raphy of this portion of North America, it was natural for him to believe that ne
had made this important discovery. Justice has at length been done to his mem-
ory, and these straits which Le discovered will, in all future time, bear his name.
Thus, the merit of the discovery of the Straits of Fuca belongs to Spain ; and this
nearly two centuries before they had been entered by Captain Berkeley, under the
Austrian flag.

It is unnecessary to detail the discoveries of the Spaniards, as-" they regularly
advanced to the north from their settlements on the western coast 01 North Amer-
ica, until we reach the voyage of Captain Juan Perez in 1774. That navigator w :;
commissioned by the Viceroy of Mexico to proceed in the corvette Santiago t:
the 60th dej;' ^ ^ of north latitude, and from that point to examine th • coast down
to Mexico, -le sailed from San Bias on the 25th of January, 1774. In the per-
formance of i' ' mission, he landed first on the northwest coast of Queen
Charlotte's Islav 'he 54th degree of north latitude, and thence proceeded
south along the j-acre . ." that island, and of the great island of Quadra and Van-
cou%'er, M\A then along Jie coast of the continent until he reached Monterey. He
went on shore and held intercourse with the natives at several places and espe-
cially at the entrance of a bay in latitude 49'2°i which he called Port vSan Lorenzo,
the same now known by the name of Nootka Sound. In addition to the journals
of this voyage, which render the fact incontestable, we have the high authority
of Baron Humboldt in its favor. That distinguished traveller, who had access to
the manuscript documents in the city of Mexico, states that " Perez and his pilot,
Estevan Martinez, left the port of San Bias on the 24th of January, 1774. On the
9th of August, they anchored ( the first of all F^uropean navigators ) in Nootka
Road, which they called the Port of San Lorenzo, and which the illustrious Cook,
four years afterwards, called King George's Sound."

The next year ( 1775 ) the Viceroy of Mexico again fitted out the Santias^o, un-

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ik-r tliL- commiind of Bruno Ilcceta, with Perez, her former commander, as ensign,
and also a sdiooner, called the Senora, commanded by Juan Francisco de la Bo-
degay Quadra. These vessels were commissioned to examine the northwestern
coast of Americ'.i as far as the 65th degree of latitude, and sailed in company from
San Bias on the 15th of March, 1775. It is unnecessary to enumerate the diflferent
places on the coast examined by these navigators either in company or separately.
vSulficc it to say, that they Uuuied at many places on vhe coast from the 41st to the
57th degree of latitude, on all of which occasions they v')ok possession <;f the coun-
try in the name of their .sovereign, according to a prescribed regulation ; celebrat-
ing mass, reading declarations a ■.,.■.«. uiiig the rigi't of Spain to the territory, and
erecting crosses with inscriptijns to commemorate the event. vSome of thebe
crosses were afterwards found standing l)y British navigators. In reference to these
voyages. Baron Ilumboidtsays: "In the following year 1775 (after lhatofrerez),a
second expedition set out from San Bias, under the command of Heceta, Ayala,
and Quadra. Heceta discovered the mouth of the Rio Columbia, called the Kn-
trada de Heceta, the peak of San Jacinto ( Mount lidgeconib ), near Norfolk Bay,
and the fine port of Bucareli. I possessed two very curious small maps, engraved
in 178S, in the city of Mexico, which gave the bearings of tlie coast from the 27th
to the jSth degree of latitude, as they were discovered in the expedition of
Quadra."

In the face of these incontestable facts the British Plenipotentiary says: ' 'That
Captain Cook mi: .t also be considered the discoverer of Nootka sound, in conse-
quence of the want of authenticity in the allcjjed previous dicovery of that port
by Perez." And yet, Cook did not even sail from England until the 12th of July,
1776, nearly two years after Perez iiad made this discovery. The chief object of
Cook's vjyage wastht. di.scovery o." a northwest pa.ssage, and he never landed at
any point of the continent south ol i\ootka sound. It is true, that in coasting
along the continent t)efore he reached this place, he had observed Cape Flattery ;
but he was entirely ignorant that this was the southern entrance of the straits of
Fuca. In his journal he admits that he had heard some account of the Spanish
voyages of 1774 and 1775, before he left Kngland ; and it is beyond question that,
before his departure, accounts of the voyage of Quadra had been published both in
Madrid and in London. From Nootka sound Cook did not again see land until
he reached the 57° of north latitude.

In 17S7, it is alleged by the British Plenipotentiarv, that Captain Berkeley, a
British subject, discovered the straits of F^uca ; but these straits had been discov-
ered by Juan De Fuca nearly two centuries before. Besides, if there had been
any merit in this discovery of Captain Berkeley, it would have belonged to Austria,
in whose service he was, and under whose colors he sailed, and cannot be appro-
priat':;d by Great Britain. And here it is worthy of remark, that these discoveries
of Cook and Berkeley in 1778 and 1787, are all those on which the British Pleni-
potentiary relies, previous to date of the Nootka sound convention in October,
1790, to defeat the ancient Spanish title to the northwest coast of America. The
undersigned will now take a position which cannot, in his opinion, be successfully
assailed, and this is, that no discovery, exjjloration, or settlement made by Great
Britain on the northwest coast of America, after the date of the Nootka sound con-
vention, and before it was terminated by the war of 1796, can be invoked by that
power, in favor of her own title, or against the title of Spain. Even according to
the British construction of that convention, the sovereignty over the territory was
to remain in abeyance during its contmuance, as well in regard to Great Britain as to
Spain. It would, there ore have been an open violation of faith on the part of Great

I ' JV

i«45

1845

PROVISIONAL GOVKRNMKNT.

Britain, after liaviiij^ secured the privileges cotifcrcd upon her by the rotiveiition,
to tuni round aj^ainst lier i)arlMer and perform any acts calculated to divert vSpain
of her ultimate soverciHUt* over any jwrtion of the country. The palpable
me3"!;i;^ of the convention was; that durinjf its continuance the rights of the re-
spf.live i)arties, whatever they nuKht have been, should remain just as they had
existed at its ommencenient. The ("Tovernmeiit of Gnat Britain is not justly
charj^jeable with any such breach of faith. Captain Vancouver acted without in-
structions in attempting to take possession of the wliolc northwtstern coast of
America in the name of his sovereign. This oflicer, sent out from England to
execute the convention, did not carry with him any authority to violate it in this
outrage ais manner. Without this treaty he would have lieen a mere intru<ler ;
under it, Great Britain had a right to make discoveries and surveys, not thereby
to acquire title, but merely to enable her subjects to select spots the most advan-
tageous, to use the lan;^'uage of the convention, 'for the purpose of carrying on
their commerce with the natives of the country, or of making settlements there."
If this construction of the Xoolka sound convention be correct— iiid the under-
f 'led does not see how it can be (juestioned — then Vancouver's passage through
straits of Fuca in 1792, and Alexander Mackenzie's journey across the conti-
iu 1793, can never be transformed into elements uf title in favor of Great
Britain.

But even if the undersigned could be mistaken in these positions, it would be
ea>y to prove that Cajjtain John Kendrick, in the American sloop irashiiiiitou,
passed through the straits of Fuca in i7iS9 three years before Captain Vancouver
performed the same voyage. The very instructions to the latter, before he left
England in Janu iry, .'791, refer to this fact, which had been communicated to the
British Government by Lieutenant Meares, who has rendered his name so notorious
by its connection with the transaction preceding the Nootka sound convention. It
is, moreover, well known that the whole southern division of the straits had been
explored by the Spanish navigators iilisa and Quimper — the first in 1790, and the
hitter in 1791. After what has been said, it will be perceived how little reason the
British I'lenipotentiary has for stating that his Government has, "as far as relates
to Vancouver's island, as complete a case of discovery, exploration and settlement,
as can well be presented, giving to Great ]5ritaiu, in any arrangement that may be
made with regard to the territory in dispute, the strongest possible claim to the
exclusive possession of that island." The discover}' thus relied upon is that of
Nootka sound by Cook in 1778, when it has been demonstrated that this port was
first discovered by Perez in 1774. The exploration is that by Vancouver, in pass-
ing through the straits of Fuca in 1792, and examining the coasts of the territory
in dispute, when De I'uca, himself, had passed through these straits in 1592, and
Kendrick again in' 1 789, and a complete examination of the western coast had
been made in 1774 and 1775, both by Perez and (juadra.

As to possession, if Meares was ever actually restored to his possessions at
Nootka sound, whatever those may have i^-oen, the undersigned has never seen
any evidence of the fact. It is not to be found in the journal of Vancouver, al-
though this officer was sent from England for the avowed purpose of witnessing
such a restoration. The undersigned knows not whether any new understanding
took place between the British and Spanish Govenmients on this subject ; but one
fact is placed beyond all doubt, that the vSpaniards continued in undisturbed pos-
session of Nootka sound until 1795, when they voluntarily abandoned the place.
Great Britain has never at any time since occupied this or any other position on
Vancouver's island. Thus, on the score of either discover}-, exploration or pos-

t: 'J.

220

brown's political history.

1845

t '

session, this island seems to be the very last portion of the territorj- in dispute in
which she can assert a just claim. In the meantime the United States were pro-
ceeding with the discoveries which served to complete and confirm the Spanish-
American title to the whole of the disputed territory. Captain Robert (iray in
June, 1789, in the sloop U'as/iingto)!, first explored the whole eastern coast of
Queen Charlotte's island. In the autumn of the same year, Captain John Ken-
drick, having in the meantime surrendered the command of the Columbia to Cap-
tain Gray, sailed, as has alrcad}- been stated, in the sloop IVas/ihifftoii, entirely
through the straits of Fuca. In 1791 Captain Gray returned to the North Pacific
in ihe Cn/utnhia, and in the summer of that year examined many of the inlets
and passages between the 54th and 56th degrees of latitude, which the undersigned
con.'iiders it unnecessary to specify. On' IMa}- 7, 1792, he discovered and entered
Bullfinch's harbor, where he remained at anchor three days, trading with the In-
dians. On the nth of May, 1792, Captain Gray entered the tnouth of the Colum-
bia, and completed the discovery of that great river. This river had been long
sought in vain by former navigators. Both Meares and Vancouver, afterexamina-
tion, had denied its existence. Thus is the woild indebted to the enterprise, per-
severance, and intelligence of an American Captain of a trading vessel for their
first knowledge of this, the greatest river on the western coast of America — a river
whose headsprings How from the gorges of the Rocky mountains, and whose
branches extend from the 42d to the 53d parallels of latitude. This was the last
and most important discovery on the coast, and has perpetuated the name of
Robert Gray. In all future time this great river will bear the ruime of his vessel.

It is true, that Bruno Heceta, in the year 1775, had been opposite the bay of
the Columbia ; and the currents and eddies of the waters, caused him, as he re-
marks, to believe that it was " the mouth of some great river, or of some passage
to another sea ;" and his opinion seems decidedly to have been, that this was the
opening of a strait, discovered by Juan De Fuca, in 1592. To use his own language:
"Notwithstanding the great difference between the position of this bay and the
passage mentioned by De Fuca, I have little difficulty in conceiving that they may
be the same, having observed equal or greater differences in the latitudes of other
capes and ports on this coast, as I shall show at its proper time ; and in all cases,
the latitudes thus assigned are higher than the real ones."

Heceta, from his own declaration, had never entered the Columbia, and he
was in doubt whether the opening was the mouth of a river or an arm of the sea ;
and subsequent examinations of the coast by other navigators, had rendered the
opinion universal that no such river existed, when Gray first bore the American
flag across its bar, sailed up its channel for twenty five miles, and remaining in the
river nine days, trading with the Indians, The British Plenipotentiary attempts
to depreciate the value to the United vStates of Gray's discovery, because his ship
( the Columbia ) was a trading, and not a national vessel. As he furnishes no
reason for tliis distinction, the undersigned will confine himself to t' ^- remark, that
a merchant vessel bears the flag of her country at mast-head, and continues under
its jurisdiction and protection, in the same manner as though she had been com-
missioned for the express purpose of making discoveries.

Besides, beyond all doubt, this discovery was made by Gray ; and to what na-
tion could the benefit of it belong, unless it be to the United States ? Certainly
not to Great Britain. And if to Spain, the Uniteil States are now her representa-
tive. Nor does the undersigned perceive in what manner the value of this great
discovery can be lessened by the fact that it was first published to the world
through the journal of Captain Vancouver, a British aVithority. On the contrary.

•!n-!«} !

184 =

PROVISIONAL GOVERNMENT.

221

its authenticity Ijeiiig thus acknowledged by the party having an adverse interest, is
more firmly established than if it had been first published in the United States.
I'rom a careful examination and review of the subject, the undersigned ventures
the assertion, that to Spain and the United States belong all the merit of the dis-
covery of the northwest coast of America south of the Russian line ; not a spot of
which, unless it may have been the shores of some of the interior bays aiul inlets,
after the entrance to them had been known, was ever beheld by British subjects'
until after it had been seen or touched by a .Spaniard or an American.

Spain proceeded in this work of discovery, not as a means of acquiring title,
but for the purpose of examining and surveying territory to which she believed
she had an incontestable right. This title had been sanctioned for centuries by
the acknowledgment or acquiescence of all the European Powers. The United
States alone could have disputed this title, and that only to the extent of the re-
gion watered by the Columbia. The Spanish and .\merican titles, now united by
the Florida treaty, cannot be justly resisted by Great Britain. Considered together
they constitute a perfect title to the whole territory in dispute, ever since the nth
of May, 1792, when Captain Gray passed the bar at the mouth of the Columbia,
which he had observed in August, 1788.

The undersigned will now proceed to show that this title of the United States,
at least to the possession of the territory at the mouth of the Columbia, has been
acknowledged by the most solemn and unequivocal acts of the British Govern-
ment. After the purchase of Louisiana from France, the government of the Uni-
ted vStates fitted out an expedition under Messrs. Lewis and Clarke ; who, in 1805,
first explored the Columbia, from its source to its mouth, preparatory to the occu-
pation of the territory by the United States. In 181 1, the settlement at Astoria
was made by the .\mericans near the mouth of the river, and sev eral other posts were
established in the interior along its banks. The war of 181 2 between Great Brit-
ain and the United States thus found the latter in peaceable possession of that
region. Astoria was captured by Great Britain during the war. The treaty of
peace, concluded at Ghent in December, 1814, provided that "all territory, places
and possessions whatsoever, taken by either party from the other during the war,"
etc., "shall be restored without delay." In oV)edience to the pv .visions of this
treaty, Great Britain restored Astoria to the United States, and th\;s admitted, in
the most solemn manner, not only that it had been an Americar, territory or pos-
session at the commencement of the war, but that it had been . .iptured by British
arms during its contimuince It is now too late to gainsay or explain away these
facts. Both the treaty of Ghent, and the acts of the British Government under it,
disprove the alleg.ations of the British I'lenipotentiary that .Vstoria passed "into
British hands by the voluntary act of the persons in charge of it," and "that it
was restored to the United vStates in r8i8 with certain well authenticated reserva-
tions " In reply to the first of these allegations, it is true that the agents of tb**
.\nierican Pacific Fur Company, before the capture of Astoria, on the i6th of Oc-
tober, 1813, had transferred all that they could transfer — the private property of
the company — to the (British) Northwest Company ; but it will scarcely be con-
tended that such arrangement could impair the sovereign rights of the United
Stales to the territory. .Vccordingly the .Vmericaii fiag was still kept flying over
the fort until the ist of December, 1813. when it was captured by His Majesty's
sloop of war Racoon^ and the British flag was then sulistituted. That it was not
restored to the Unitetl States " with certain wtdl authenticated reservations" fiUly
appears from the act of restoration itself, bearing date 6th of October, 1818. This
is as absolute and unconditional as the EInglish language can make it.

I "

•hi

Mir

t ' i

222

BROWN S POLITICAL HISTORY.

1845

That this was according to the intention of Lord Castlereagh clearly appears
from his previous admission to Mr. Rush of the right of the Americans to l)e re-
instated, and to be the party in possession while treating on the title. If British
minister? afterwards, in dispatches to their own agents, the contents of which were
not communicated to the Government of the United ites, thought proper to
protest against our title, these were, in effect but mere mental reservations, which
could not affect the validity of their own selemn and unconditional ace of restora-
tion. But the British Plenipotentiary, notwithstanding the American discovery of
the Columbia by Captain Gray, and the exploration by Lewis and Clarke of its
several branches from their sources in the Rocky mountains, as well as its main
channel to the ocean, contends, that because Thompson, a British subject, in the
employment of the Northwest company, was the first who navigated the northern
branch of that river, the British Government therein' acquired certain rights
against the United States, the extent of which he does not undertake to specify.
In other words, that after one nation had discovered and explored a great river
and several tributaries, and made settlements on its b' nks, another nation, if it
could find a single branch on its headwaters, which had not been actually ex-
plored, might appropriate to itself this branch, together with the adjacent terri-
tory. If this could have been done, it would have produced perpetual strife and
collision among the nations -ifter the discovery of America. It would have vio-
lated the wise principle consecrated by the practice of nations, which gives the
valley drained by a river and its branches to the nation which had first discovered
and appropriated its mouth. But, for another reason, this alleged discovery of
Thompson has no merit whatever. His journe}- was undertaken on behalf of the
Northwest Company for the mere purpose of anticipating the United States in
the occupation of the mouth of the Columbia — a territory to which no nation,
unless it may have been vSpain, could, with any show of justice, dispute their
right. They had acquired it by discovery and by exploration, and were now in
the act of taking possession. It was in an enterprise undertaken for such purpose
that -Mr. Thompson, in hastening from Canada to the mouth of the Coluuiljia, de-
scended the north, arbitrarily assumed by Great Britain to be the main, branch of
this river. The period was far too late to impair the title of either Spain or the
United States by any such proceeding. ]\Ir. Thompson, on his return, was ac-
companied by a party from Astoria, under Mr. David vStuart, who established a
post at the confluence of the Okanagan with the north branch of the Columbia,
about 600 miles above the mouth of the latter. In the next year (181 2) a second
trading post was established by a party from Astoria on the Spokane, about 650
miles from the ocean. It tlnis appears that previous to the capture of Astoria by
the British, the .\mericans had extended their possessions up the Columbia 650
miles. The mere intrusion of the Northwest Company into this territory, and
the establishment of two or three trading posts in iSii and i<Si2 on the head-
waters of the river, can surely not interfere with or impair the Sp:inish-.\nierican
title. What this company may have done in the intermediate period until the
20th of October, 1818, the date of the first treaty of joint occupation, is unknown
to the undersigne<l, from the impenetrable mystery in which thev have veiled
their proceedings. After the date of this treaty neither Great Britain nor the
United States could have performed any act affecting their claims to the disputed
territory.

To sum up the whole, then, Great Britain cannot rest her claims to the north-
west coast of .\merica upon discovery. As little will her single claim by settle-
ment at Nootka sound avail her. Even Belsham, her own historian, forty years

■r-'Ti

184 =

PROVISIONAL GOVERNiMENT,

223

ago, declared it to be certain, from the most authentic information, "that the
Spanish flag flying at Nootka was never struck, and that the territory has been
virtually relinquished by Great Britain." The agentsof the Northwest Companj-,
penetrating the continent from Canada in 1806, established their first trading
post west of the Rocky mountains at I'razer's lake, in the 54th degree of latitude; and
this, with the trading posts established liy Thompson — to which the undersigned
has just adverted — and, possiljly, some others afterwards, previous to Octol)er,
1818, constitutes the claim of Oreat Britain by actual settlement. Upon the whole,
from the most careful and ample examination which the undersigned has been
able to bestow upon the subject, he is satisfied that the vSpanish-American title,
now held by the United States, embracing the whole territory, between the parallels
of 42° and 54° 40', is the best title in existence to this entire region ; and that the
claim of Great Britain to any portion of it has no sufficient foundation. Even
British geographers have not doubted our title to the territory in dispute. There
is a large and splendid globe now in the department of state, recently received
•"rom London, and published by ^lattley 6c Co., "manufacturers and publishers to
the Society for the Diffusion of Useful Knowledge," which assigns this territory
to the United States.

Notwithstanding such was, and still is, the opinion of the President, yet in
the spirit of compromise and concession, and in deference to the action of his
predecessors, the undersigned, in obedience to his instructions, propo.sed to the
British Plenipotentiary to settle the controversy by dividing the territory in dis-
pute by the 49t]i parallel of latitude, offering at the same ' le to make free to
Great Britain atn- port or ports on Vancouver's island south ■-: this latitude, which
the British Government might desire. The British Plenipotentiary has ronectly
suggested that the free navigation of the Columbia river was not embrat t I in this
proposal to Great Britain ; but, on the other hand, the use of free ports on the
southern extremity of this island had not been included in the former oifers.
Such a proposition as that which has been made, never would have been author-
ized by the President had this been a new question. Upon his accession to otfice
he found the present negotiation pending. It had been instituted in the spirit and
upon the principle of compromise. Its object, as avowetl l)y the negotiators, was
not to demand the whole territory in dispute for either country; but, in the lan-
guage of the first protocol, " to treat of the respective claims of the tvv'o countries
to tlie Oregon territory, with the view to establish a permanent bounilary between
them westward of the Rocky mountains to the Pacific ocean." Placed in this po-
sition, and considering that Presidents Monroe and Adams had on former occasions
offered to divide the territory in dispute by the 49tli parallel of latitude, he felt it
to be his duty not abruptly to arrest the negotiations, but so far to yield his own
opinion as once more to make a similar offer. Not only respect for the conduct
of his predecessors, but a sincere and anxious desire to promote peace and har-
mony between the two countries, influenced him to pursue this course. The Ore-
gon cjuestion presents the only intervening cloud which intercepts the prospect of
a long career of mutual friendship and beneficial commerce between the two
nations, aiul this cloud he desired to remove. These are the reasons which actu-
ated the President to offer a proposition so liberal to Great Britain. And how has
this proposition been received by the British Plenipotentiary? It has been re-
jected without even a reference to his own Government. Nay, more, the British
Plenipotentiary, to use his own language, " trusts that the American Plenipoten-
tiary will be prepared to offer some further proposal for the settlement of the
Oregon question, more consistent with fairness and equity, and with the reason-
able expectations of the British Government."

' .1

I w

ill

- (

224

BRr 'n's political history.

1845

Under such circumstances, the undersigned is instructed by the President to
saythat he owes it to his own country, and a just appreciation of her title to the
Oregon territory, to withdraw the proposition to the British Government which
had been made under his direction, and it is hereby accordingly withdrawn.

In taking this necessary step, the President still cherishes the hope that this
long-pending controversy may yet be finally adjusted in such a manner as not to
disturb the peace or interrupt the harmony now so happily subsisting between the
two nations.

The undersigned avails himself, etc.,

J.\MRS BUCHAN.\N.

The Right Honoraklk R. Pakknham.

! ;

This last letter of Mr. Buchanan suspended all negotiations until
June 10, 1846, when President Polk sent to congress a confidential
message, asking authority to give England the twelve months' notice
that was required by the existing treaty. The subject will be fully
'created in the next chapter (1846) as it came up for final settlement at
that time.

s i

i'M

1845

PROVISIONAL GOVERNMENT.

225

General Election Returns, June 3, 1845.

Candidates.

For Governor —

George Aberiiethy

Osbuni Russell

Win. J. Bailey

A. Lawrence Lovejoy _ -

Total vote cast

Aheniethy's majority

For Secretary of Territory —

John K. lyong

Noyes Smith

For Treasurer —

Phil. Foster

F. F^rmatinger

For Judge —

J. W. Nesmith

For District Attorney —

Marcus Ford

For Assessor —

S. W. Moss

Jacob Reed

For Sheriff—

Joseph I/. iSIeek

A.J. Hembree

For Legislative Representatives-

H. A.J. Lee

Hiram Straight

W. H.Gray -

C. Pickett

N. Ford

J. M. Garrison

M. G. Foisy

Joseph Gervais

I'arton Lee--

W. H. Willson

Rol)ert Newell

A. Chamberlain

F. X. Mathieu

Jesse .'\pplegate

A. Ilendrick

Smith

Rich;irdson ._.

Clark '--.. --.

-W. McCarver

Lenox

Hill -_.

S:itton

W. Dawson

Jos. Gale

J. W. Smith

C. M. Walker

John McChire

George Simmons

J-

I).

[14

62
51

III

ICX3

.S3
52

59
42

99
b2

54
50
23

5
123

49
5^>

115

39
48

77
43

51
47
60

9
167

117
53

47
118

128

131
68
90
49

79
74
14

51 I
39 !

53 '
28 I
22 i
43 i
51
47

23
21

6
12

T
12

166

168

119

III
54

.5
15

77
39

25
35

38
20

5
56

15
61

34
31

228
130

71
504

283
195

197
251

473
409

216
204

267
215

99
82

128

T31

68
90
49
79
74
14
38
34
31
29
ro
51
39
53
28
22
43
51
47
II
10

\¥.

'■\\\

,|r-

226

BROWN S POLITICAL HISTORY.

1845

Census Returns in Oregon in 1845.

•:r&

I i

j(^

SffP

•III

-I

Under 12

12 and
under

18 !

md
Icr

Whole

rt-

years

-h

of age.

over.

Nun

ber

rt
^

18 years.

45 years.

►tS

County.

ft*

►d

C/J

'Ji

1— •

1
1

tr.

Clackamas

136

232

129

361

Chanipuic

»5

142

136

171

114

4ot)

305

705

Clatsop . -

17
14

29
127

14
"5

3
24

42
142

30
229

540

Tualatin -

109

311

Yamhill .--

109

fe5

124

257

155

412

Total -

407

4i9i 382

117

103

615

322

1261

848

2109

Note, a bill was passed by the Legislative Committee, December 24, 1844
submitting the question of "Convention," or " No convention" to frame a consti-
tution at the election of June 3, 1845, as recommended by the Executive Commit-
tee in their message. The vote was — " Convention," 190 ; " No convention," 283 ;
majority against convention, 93.

The question of "Old Organic Law," or "Amended Organic Law" was sub-
mitted to the people for ratification or rejection, on July 25, 1845, with the follow-
ing result: Old organic law, 22 ; amended law, 255 ; — majority for, 233.

Treasurer'' s Report.

Dr. Cr.

By ferry license $ f 40 00

By fines to Government 52 78

By ad valorem tax 354 41

To stationery 30 00

To sundries 302 93

To A. Lawrence Lovejoy, administrator on Ewing Young's estate 300 00

To jail fund (Dawson & Otey) contractors -- 291 66

By order on Abernethy 300 o<j

To jail fund (Dawson & Otey) 145 83

To H. Euuberg draft of jail on Ermatinger 12 00

By order on Ermatinger -- 300 00

To Dawson & Otey 291 66

" 45 «8

$1419 96 1047 19

Balance in treasury $ 196 62

PHILLIP FOSTER.
June 9, 1845. Treasurer,

Thrt

361

705

540

412

2109

Cr.

40 00

52 78

354 41

300 CX)

1845 PROVISIONAL, GOVERNMENT. 227

Treasurer's Report. Dr. Cr.

Amount of funds in treasury 1 ,*i 441 00

Received of A. L,. Lovejoy adinint'r Young's estate 2000 00

Treasury scrip issued, not yet taken up _. iioo 00

Legislature and clerks for which no scrip issued 500 00 3600 00

From the above, your honorable body will see that the responsi-
bilities of the Government are 3600 00

Deduct funds in hand 44100

And there will remain a balance of .- I3159 00

FRANCIS ERMATINGER,
Oregon City, Aug. 12, 1845. Treasurer.

Th'easurer's Report. Dr.

To the estate of Ewing Young 12315 00

To scrip issued and unpaid 500 00

To F. Ermatinger, merchandise 40000

To legislature (supposing the session to continue 20 days) 560 00

To salaries of governor, judges and clerks 900 00

Total 14675 00

F. ERMATINGER,
Oregon City, Dec. 10, 1S45. Treasurer.

Sheriff's Report for /S^s-

Joseph L. Meek, sheriff and tax collector for the Provisional Government,

submitted the following report and bill to the Legislative Committee of 1845,

for tax collected as levied in 1S44, and his bill for services rendered in the year

1845.

TAX COrXECTED.

The amount collected in the upper country $396 77

" " " Clatsop county 11 39

Total 1408 16

Deduct per cent, allowed for collecting 40 81

Balance . $367 35

Amount paid to treasurer -I356 77

" in my hands — - 1058

Total -— $367 35

Amount still unpaid m upper country 7041

" " " Clatsop county 257

Total $ 72 98

Three orders of no value for taxes 3 37

provisionai. government.

Taking census in 1S44, — 2107 persons at I5.00 per hundred $105 35

Attending circuit court 100 53

Total ^^205 88

JOSEPH L. MEEK,
[No date.] SAertff.

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1846.

Members of L,egisi.ature ; Gov. Abernthy's Message; Veto of I^ioiok
Law; Memorial to Congress ; Military Company ; Battle Crici.k
Battle ; Lieut. Howison's Report and Wreck of the Shark ; Assist-
ance RENDERED — Correspondence of same ; His report on the Coun-
try, People, resources, etc.; Ogden and Douglas Letter; Puget
Sound Agricultural Society ; Congressional — Floyd's Repc)RT ;
Blair's Report on the Columbia River ; Maginn's Opinion ; Presi-
dent's Special Message ; Senate Proceedings on the Ratification
OF THE Treaty ; Provisional Government Seal ; Douglas's Letter on
THE Treaty ; Notes ; Election Returns and Offici.\l Reports.

I ■

I {

THE year 1846, was the most prcsperous the settlements had yet
known. The harvest of the previons year having been abundant
the people were enjoying peace and prosperity.

The election for members of the legislature and for county officers, oc-
curred on Monday, June 4th. The legislature met at Oregon City, Dec.
I, 1846, in second annual session, with the following members :

Clncknmas county — Hiram Straight, A. L. Lovejoy, William G.
T' Vault ; Chatnpoic — Angus M' Donald, A. Chamberlain, Robert
Newell, Jesse Looney ; Clatsop — George Simmons ; Tuality — Joseph
L. Meek, D. H. Lownsdale, Lawrence Hall ; Polk — ^J. E. Williams,
John D. Boon ; Yamhill — Thomas Jeffreys, Absalom J. Hembree ; \'an-
couvcr — Henry M. Peers ; Lewis — Win. T. Tolmie.

The legislature organized by electing A. E. Eovejoy, Speaker ; N.
Huber, Chief Clerk ; H. M. Knighton, Sergeant-at-arms.

The Governor immediately sent the following message which is in-
serted in full as it contains matter, interesting as well as hi.storically
valuable :
To the Honorable the Lej::^islative Assembly of Oregon : —

Fellow Citi/jcns.— The duly of addressinj^ you al the opening of your ses-
sion once more presents itself. The duty of legislating for the welfare and hapi)i-
ness of the couinmnity, again devolves upon you. May we be guided and directed
by that Wisdom that never errs.

The l)oi.ndary question — a question of great importance to us as a people, there
is every reason to believe, is finally settled. The following is an extract from the

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PROVISIONAL GOVERNMENT.

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Polynesian, a paper published at the Sandwich Islands, of the 29th of August last :
" The Senate ratified the treaty upon the Oregon question, by a vote of 41 to 14 —
27 majority.

This the Polyticsiati credits to the Nezu Yotk Gazette and Times, of June 19,
— showing that a treaty had been entered into and probably concluded between
the two Governnieiits. The provisions of the treaty are not yet known to us in
Oregon, further than what we gather from the letter of Sir George Seymour, the
British Commander-in-chief in the I'acific, to the agent of the Hudson's Bay Com-
pany at the Sandwich Islands — being an " extract of a private letter from A.
Forbes. Esq., consul at Tepic, to vSir George Seymour." " I send you an American
newspaper, which Mr. Bankhead has requested to be forwarded to you, and which
shows that the Oregon question is entirel}- settled — the 49th degree is to run on to the
Straits of Fuca, the whole island of Vancouver being left in possession of England,
and the said Straits of Euca, Puget's Sound, etc. , remaining free to both parties.
The Columbia river is also free to both parties until the expiration of the charter
of the Hudson's Bay Company — when the whole to the south of the 49th degree is
to belong to America, with the exceptions mentioned."

Should this information prove correct, wc may shortly expect officers from the
United States' Government to take formal possession of Oregon, and extend over
us the protection we have long and anxiously looked for.

The notice that the joint occupation of Oregon would cease after twelve
months, was given by the President of the United States to the Government of
Great Britain. The President in his message of 1845, before the notice wac- given,
speaking of Oregon, says: " It will become proper for Congress to determine
what legislation they can in the meantime adopt, without violating the conve'itiori.
Beyond all question, the protection of our laws, and our jurisdiction, civ.l and
criminal, ought to be immediately extended over our citizens in Oregon." As yet
we have not been made acquainted with any action of Congress that would extend
the jurisdiction of the United States over us; but from the feeling that prevailed
in Congress with regard to this country, and the sentiment set forth by the Presi-
dent, previously to the notice having been given, there can be no doubt but that
now— the notice having been given — the boundary line in all probability finally
settled, we shall in a few months at farthest, be again living under, and enjoying
the protection of the stripes and stars of our loved country, and erelong we may
reasonably hope, be added to the brilliant constellation.

In view of the above, and as the preamble of )ur Organic law sets forth the
fact, that we agree to adopt the laws and regulations of our Provisional Government,
" until such time as the United States of America extend their jurisdiction over us,"
and as that time probably is near at hand, it remains with you to determine whether
it will be better, after confirming tlic appointments, filling vacancies, making the
necessary appropriations and attendiig to the unavoidable business of the session,
to adjourn, either to meet in the spring, at which time we will undoubtedly have
all the proceedings of Congress relative to this country, passed at the last session,
or at the call of the Executive, should he be put in possession of the intention of
the U. S. Government respecting us, or whether you will go on with the regular
business of the session as if nothing was done for us, or expected by us. In the
latter case, there are laws that need revising, and some laws that are very neces-
sary for the welfare of the territory that should be passed.

The law establishing the postofiice department needs altering very materially.
It was found after being in operation but a short time, that the rates of postage

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were altoj^ether too high, amounting indeed, to a prohibition ; the revenue arose
ahnost entirely from the postage on newspapers, but fell so far short of the ex-
penses, that the Postmaster General, at the close of the third quarter stopped send-
ing the mail. I would recommend that the rates of postage be reduced to five cents
on each letter ; double letters and packages in proportion, and one cent on
each newspaper. A mail route should be kept up between the principal sections
of our territory, and I have no doubt, if the postage is reduced, the revenue arising
from the receipts of the olTice, would very 'learly or quite pay the expenses.

The act passed at the last session ol the legislature, entitled " An Act to Pre-
vent the Introduction, vSale and Distillation of Ardent Spirits in Oregon," is one
that I should recommend for revision ; there are several points in which it is
thought to be defective. The Organic law provides that the legislature shall have
power to "pass laws to regulate the introduction, manufanure, 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 fine collect-
ed under this act, shall go one-half to the informant and witnesses, 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 of the act makes it the duty of
any officer or an^- 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 liquor was being made or sold in his
county, and authorize him to raise a sufficient force to aid and assist him in en-
forcing the law. We have as a community taken a high stand in the cause of tem-
perance ; 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 the sale of ardent spirits is kept within its
proper limits we shall continue to prosper.

It is said by some that we have no right to say what a man shall make, or
what he shall not make. Yet we find in all large cities, that certain manufactures
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 com-
pelled to be removed ; and if the city nicreascs and extends to the place where they
have retreated, they are removed again. Intoxicating drink is an enormous pub-
lic injury and private wrong ; its effects ine^ery 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 ex-
pect of him. It deprives the community of the labor which constitutes the nation's
wealth ; for it is a well known fact, that the wealth of nations is made up of indi-
vidual labor, and every day thereof lost by the effects of alcoholic dunk, is loss to
the community at large. Persons "ho had become habitually addicted to the use
of ardent spirits, hearing that we had excluded the poison from our land, and be-
lii^ving they never wouhl get free if they remained near its influence, have left
their homes and crossed the Rocky mountains to escape the ruin that threatened
them. vShall they be disappointed ? During the past year, persons taking advant-
age of the defect in our law, have manufactured and sold ardent spirits. We have
seen the effects ( altliough the manufacture was on a small scale) in the mid-
night carousals among the Indians in our neighborhood during their fishing sea-
son, and while they had property to dispose of, and me let ask what would be the

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consequences, if the use of it should be general in the country and among the differ-
ent tribes of Iin''i is 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 indiscrim-
inate use of ardent spirits? Almshouses, hospitals, prisons, and the gallows. I
would therefore recommend that one person, and that person a physician, be ap-
pointed and authorized to import or manufacture a suflicicnt ([uantity to supply
the wants of the community for medicinal i)urposcs ; to dispose of no liquor except
when he knows it is necessary, or oi; an order from a regular physician, stating
that the person applying stands in neeci of it for medicinal purposes ; and to physi-
cians to be used in their practice. The person so cmjjowercd to import, manufact-
ure and sell, to keep a record of the (juantity manufactured or imported. Also a
record of the quantity sold or disposed of, and to whom, and the name of the phy-
sician 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 on the ingedient in his presence.

Section fifth of the law, I would recommend to be altered so that the fines and
penalties shall go one-half to the informer, and the other half into the treasury. I
would recommend that the penalties for manufacturing be increased. If the in-
discriminate sale of liquor be admitted as an evil, no good citizen can wisli to be
engaged in it. I have said more on this subject than I shouUl have done, did I
not fear an attempt would be made to break down the barrier raised by the early
settlers of the land.

There will be several proposals laid before you in regard to locating the seat
of Government, but under the present aspect of affairs I think it best to postpone
the subject for the present.

A subject of great importance to us as a people presents itself in our com-
mercial regulations. That this will be a commercial nation there can be no doubt
in the mind of any person acquainted with our location; it is therefore our duty to
commence preparing the way for shipping to enter our harbors. The first requisite
for the mouth of the Columbia river is a good pilot or pilots. Many ships em-
ployed in the whale fishery would no doubt enter our river and remain with us
during the winter, if they were sure of obtaining a good pilot to bring them in
safelj' over the bar, and conduct them out when ready for sea. Vessels can, with-
out doubt, enter and depart from the mouth of the Columbia river, witli as much
safety as they can in the majority of sea ports in the United States. It needs only
a careful pilot, well acquanited with the currents, landmarks and shoals, to make
it perfectly safe for vessels to enter our port. I therefore recommend that a
branch l)e established at th« mcuth of the Columbia river, and that a board of
commissioners be appointed, whose duty it shall be to examine all persons apply-
ing for license to act ,is pilcLs, as to their capability so to act. Connected with
this is the means to prevent seamen from deserting. If seamen are at liberty to
leave their vessels and secrete themselves among the inhabitants, or be provided
for and protected by them, until their vessels leave, we can never hope to see our
ports frequented by vessels for the purpose of refitting and obtaining supplies. I
would therefore recommend that a heav penalty be imposed on any person who
shall entice a seaman to leave his ship, or who shall harbor, secrete, employ or in
any wise assist a deserter. This may appear severe, but when, on reflection, we
consider that these men voluntarily entered into a contract to perform certain
duties, and that the safety of the vessel they belong to, and the lives and property

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on luKinl (IcpL-nd upon their faitlifully fullilliny Ihtir contriicts, the si'vurity van-
ishes at once. We should consider that a vessel lightly manned, which must he
the case if a part of the ship's crew desert, as there are no seamen here to supply
their places, runs a great risk in working out of our harbor ; a risk that ship iiuis-
ters aud ship owners will not he likely to run. Unless regulations can he made
that will pri'vent desertion, vessels will avoiil our ports, and without vessels the
produce of the farmer must remain on his hands, and in this way work an injury
all round, and oiu? thf.t will he felt by all classes in the community.

Our courts, as at present r<'gulated, have not answered the expectations of the
framers of the law, hut as the jurisdiction of our courts will soon cease, it will
probably not he worth while to enter into any new arrangement.

I regret being compelled to inform you that the jail erected in Oregon City,
and the property of the territory, was destroyed by lire on the night of the iSth
of August last, the work, no doubt of an incendiary. A reward of f 100 was im-
mediately offered, hut as yet the offender has not been discovered. vShould you
think best to erect another jail, I would suggest the propriety of building it of
large stones clamped together. We have but little use for a jail, and a small
building will answer all purposes for many years, 1 have no doubt, if we should
be successful in keeping ardent spirits out of the territory.

There is one subject which I would lay before you in reference to the Indian
population, and that is the extent the law intends to allow them in their villages.
Complaints are made by the Indians that they are encroached on by the whites.
Cannot some way be devised, by which their villages can be surveye and stakes
set, inside of which boundary the whites may not be permitted to enter and build?
The Indians inhabited these villages previous to our arrival and should be pro-
tected by us. The time, no doubt, is near at hand, when the agent of the United
States Government will be here, and these matters will be arranged by him, but
until he arrives, I deem it necLSsary that some provision be made by you as it
may save trouble and difficulty.

Another emigration has crossed the Rocky mountains, and most of the party
has arrived in the settlements. Al)OUt 152 wagons reached this place very early
in the season, via Mr. Harlow's road, for which a charter was granted him at your
last session. About 100 wagons are on their way, if they have not already arrived in
the upper settlements by a southirn route. They have no doubt been detained
by traveling a new route, the difficulties attending the opening of a wagon
road are very great, and probably will account in some measure for their
detention. The emigration falls far short of last year's, probably not numbering
over one thousand souls. This is accounted for by a great part of the emigra-
tion turning off to California. We trust that those who have come among us, may
have no cause to regret the decision that brought them to Oregon.

I would call your attention to the subject of education. Without education
no country can be prosperous, it therefore becomes the duty of the legislature to
provide liberally for the education of the rising generation.

I am happy to say that the past year has amply repaid the tiller's toil ; our
harvest has been abundant, and the season for gathering in the crop was dry, en-
abling the farmer to secure the reward of his labor free from injury.

During the past season we have enjoyed throughout our territory the 1)less-
ings of iiealth. These blessings and mercies call for our gratitude ; may we ever
feel our dependence on the Divine Heing through whom we receive them, and our
prayers continually ascend to Him for wisdom to guide us in the important duties
to which we are called. GKO. ABlCRNHTHY.

OkKGon City, December, 1846.

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233

On December lytli the Governor vetoed "An Act to Regulate the
Manufacture and Sale <: f Wine and Distilled Li(|uors, " stating; that on
accoiuit of the condition of the Indians, it was danj^erous to allow ati>-
one to manutacture or sell liquor in the territory, as there were men
who would sell to the Indians for furs or horses, thus greatly endan
gerinji^ the peace of the community. The real reason for the passage
of this bill was that every ship that came into the Columbia river,
especiall.\- those of the Hudson's Hay Company, 1)rought li([Uor, and as
that traffic could not be stoi)ped, it was thought that it might as well
be manufactured in the territory, as since the evil could not be obliter-
ated from their midst, it would be better to retain the profit in the
country also. The bill was passed over the veto by the following vote:
Yeas — Messrs. Boon, Hall, Heiubree, lyOwnsdale, L,ooney, Meek, Sum-
mers, Straight, T' Vault, Williams and Mr. Speaker — 11. Nays —
Messrs. C..am''erlain, McDonald, Newell, Peers ai... Tolmie — 5. It
will be v,/.. .. ved that all wlio voted for the law were American citizens
by birth and sympathies, while those who voted against it, except Dr.
Newell, were either English or men coiuiected with the Hudson's Bay
Compan3^ Dr. Newell had always sympathized with that company
and acted with them. McDonald was a Scotchman, Chamberlain a
Canadian, both discharged employees of that company ; W. F. Tol-
mie an officer, and Henry N. Peers a discharged servant, which ex-
plains their vote against the law and their desire to allow that com-
pany to have exclusive control of the trade.

Through some cause the remainder of the journal of the House,
dating from Dec. ig, 1S45, has been lost.

The following memorial was drawn up, adopted and sent to Con-
gress :

Memorial of thk Rkprkskntatives of the Prople of Oregon in Legis-
lature ASSEJIHLED, DECKMHER, 1846.

To llie Honorable tlic Senate and House of Representatives of the United States
0/ A>nerica in Cctii^ress assembled :

Your memorialists, the representatives of the people of Oregon in Legislature
assembled, do res])ectfnlly solicit, that the followir.g subjects herein contained ma}-
claim the attention and sympathy of your honorable body,

Oregon is so situated that it will, erelong, occupy an enviable position amongst
the civilized portions of the world ; in proof of which, permit us to refer your hon-
orable body to tlie report of committee in the United States Congress, on Post Offices
and Post Roads, April 20, 1S46, wherein are fully set forth the salubrity of its
climate and the fertility of its soil, as well as the many other advantages bestowed
by nature's God on this favored portion of his earth, which, although three thous-
and miles distant from the United vStates, se'^ms destined soon to become a central
])oint of cotujierce and happiness.

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We here beg to insert the follovviug statement, representing the eligibility of
the Columbia river, as a quarter trom whence supplies could be furnished for the
navy cruising in the Pacific. Bread stuflFs could be supplied in large quantities
and on the shortest notice, say 5,000 barrels of flour, or part in biscuit if preferred.
Salt beef and pork, should a demand arise, could also be prepared — say by the
1st of May, 184S, 3,000 barrels salt beef. The above estimates, of flour particularly,
arc guardedly moderate ; let but markets open and our productive powers would
rapidly increase. Lumber can always be supplied in abundance, and tar aud pitch
could soon be manufactured if such should be required by the navy. In connec-
tion with this subject, it will be proper to mention that flax and hemp have been
successfully cultivated in small quantities, and could be made articles of export
were encouragement offered.

Manv of us have been induced to seek homes in this remote Territory, from
promises held out by some action of your honorable body. Our population is of a
character to be envied by older settled countries ; but, we would not presume on the
wisdom of Congress by saying, give us land. Those among us who have overcome
the difficulties of the journey to Oregon, as well as those who first encouraged agri-
culture and civilization by their early settlements in this country, here conjointly
submit to the impartial judgment of your honorable body, their claims on the Gov-
ernment to secure them in their homes. We however, think we have some right to
expect a grant of land, not only we ourselves, hut those who may immigrate for
the next few years. Many of us are settled under the provisions of the Organic
law, which provides that any person is entitled to hold 640 acres of land. The claims,
as we call them, are taken up in accordance with the above named law, either in a
square or oblong form, and some portions of the country are entirely occupied.
Should therefore your honorable body in its wisdom conclude to sanction our title
to these claims, we hope we may be permitted to hold them as now located, other-
wise jireat inconvenience and hardships must necessarily result.

On the subject of education, your memorialists would beg to present for your
honorable consideration, that in this, as in the settlement of all ne.v countries, in-
surmountable barriers present themselves to the general diffusion of education, that
the unavoidable sparsity of settlements and the numerous pecuniary inconveni-
ences offer but limited inducements to competent preceptors is a fact but too appa-
rent. Upon the consideration therefore, that the general difiiusion of knowledge is
among the leading principles of a government founded upon republican ;.)rinciples
like that of the United States (which government we are prayerfully awaiting to be
extended over i\s), where the people may not only in semblance, but in reality
have the care of their political institutions ; and as their ability to exercise that
power in a manner that will be the most conducive to the prospcritj' and preserva-
tion thereof, depends materially upon the general diffusion of education — we say
upon these considerations, and in view of the disadvantages under which we labor,
your memorialists most respectfully beg to suggest the propriety of adopting soma
measures which shall have fnr their tendency the removal of those barriers above
mentioned, and place a sound elementary education within t'.ie reach of all. Your
memorialists will not pretend to dc^'ise ways aii'l 'Means, but presuming upon the
known liberality of the enlightened government o. the United States, wc fondly
cherish the hope that crelon;^ wc may receive that tii 'ely assi.stance which has in-
variably been afforded by liberal grants of land aiul , therwi.se, in difTerent portions
of the Union.

The difficulty of sailing ve.ssels navigating in. Columbia, on their u])\vari' pas-
sage during the winter season, and the dangers to be encountered by them in cross-

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PROVISIONAL GOVERNMENT.

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'I pas-
rross-

ing the bar of that river, is another subject to which we would most respectfully
solicit the attention of your honoiable body.

No greater drawback has perhaps as yet presented itself to the welfare of our
com '.nunity, than the tardy movements of ship owners in sending vessels to this
r.ver, whereby we might be enabled to dispose of the produce of our lands and pre-
vent those unavoidably high prices on the part of the merchant to which we are
at present subject.

The reluctance on the part of merchants above alluded to. is doubtless caused
in a great measure by the risk to which merchandise is subject in crossing the bar, and
the loss of time and expense consequently incurred by sailing craft in arriving at
their destination.

The causes of the difficulties to which we have reference, are as follows : That
with respect to crossing the bar, a vessel is under the necessity, from the intricacy
of the passage, to await what is generally termed a fair wind, and also, in most
cases a particular stage of the tide. She is subject both to natural calms and calms
caused by Cape Disappointment and the adjacent highlands ; and also to the influ-
ence of numerous currents setting towards different points according; to the stage
of tide.

During five months of the year, we may say the wind almost universally blows
down the river, so that an inward bound vessel usually takes from one to two
months in advancing a distance of loo miles, or from the entrance of the Columbia
to Portland on the Villamette river.

A more detailed description (jf the intricate navigation of this river, we pre-
sume would be superflu(»us, asthe journals of Commodore Wilkes, Captain Belcher
and others have doubtless come under the observation of your honors. We have,
during our present session, done our utmost for the safety of vessels in establishing
a pilotage ; but at the same time, are of the opinion that nothing but the aid of
steam vessels will save that loss of labor, time and property of which we speak.
We therefore, your memorialists, would most earnestly petition your honorable
body for the use of a steam towboat which might enable vessels either to enter or
leave the river at all seasons, and be of infinite service in the navigation of the
stream itself.

Before closing this our memorial, we cannot but express with mixed astonish-
ment and admiration, our high estimation of a grand project ( the news of which
has found its way to Oregon ) by the memorial of George Wilkes, Esq., for a railroad
from the Atlantic to the Pacific ocean. That such a thing should exist, cannot but
be obvious to every person, particularly to those who have traveled from the Uti'ted
States to Oregon. .Vnd although some years may roll by before the completion of
this great undertaking, yet we shall anxiously look forward to the time when, by
such a work, commerce shall stride with gigantic steps over those wild and soli-
tary regions now known only as the huntit\g grounds of the trapper or the red
man.

In conclusion, your humble memorialists having presented for your considera-
tion some of the most important subjects to the prosperity and well doing of our
adopted country, do most earnestly and respectfully pray that they ma\' meet
such reception and consideration, as shall redound to the peace and prosperity of
all interested and the furtherance of an attachment to the C>overntncnt of the
United States of .Vmcrica, as shall cease only with our existence. And your me-
morialists, as in duly bound, will ever pray.
Attest, N. HuiiKR, Oerk. A. 1,. I.OVKJOV, Speaker.

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There had been several attempts to organize militar}' companies in
Oregon, but from various causes, principally the sparseness of settle-
ment, they had not been successful, but an unusual effort was made in
Ma> , 1846, and a gooaly number met pursuant to notice at Hon. Dan-
iel Waldo's farm and organized according to the following proceedings,
which is copied from the Oregon Spectator, June 11, 1846:

On motion, I\Ir. T. D. Keizer was called to the chair, and Thomas Holt was
appointed secretarj'. The following preamble was read and adopted ;

Wherkas, The people of Oregon territory are situated remote from, and
without the protection of any Government, ve, therefore as memljers of a free
and enlightened community, wishing to preserve the principles and institutions of
a free and republican form of Government, and being well aware that the body of
the people is the only power capable of sustaining such institutions, therefore we
deem it advisal^le to form ourselves into military bodies, for the purpose of pre-
serving peace and order at home, and preventing aggression from abroad — having
this precept before us, that

Eternal vigilance is freedom's price —
Its deadly l)ane is ignorance and vice.

On motion, it was resolved, That we, as citizens of said territory, in pursuance
of this duty, forthwith organize ourselves into a company of mounted riflemen,
and pledge ourselves to abide by such rules, regulations and laws as may be
adopted by a majority of the company. On motion, •

Resolved, That this company shall be called " The Oregon Rangers."

On motion, the president proceeded to read a code of by-laws for the govern-
ment of the troop, which was adopted. After which forty-five joined the com-
pany by subscribing their names to the by-laws.

The following were elected officers of the company : Captain, Charles Ben-
nett; first lieutenant, k. A. Robinson; second lieutenant, Isaac Hutchins ; third
lieutenant, Hiram English; orderly sergeant, Thos. Holt; second sergeant, Thos.
Howell; third sergeant, S. C. Morris; fourth sergeant, William H. Herron ; First
corporal, P. C. Keizer; second corporal, Robert Walker; third corporal, B. Frost;
fourth corporal, John Rowe.

It is much to be regretted that a complete roll of that company can
not be obtained, as it contained some men who afterwards took an im-
portant part in the aflFairs of the territory and .state. First was Capt.
Charles Bennett, who had .served in the regular United States army,
and was honorably discharged as orderly sergeant. Coming to Oregon
in 1845, he resided at Salem until 1847, when he went overland to Cal-
ifornia with Hon. Stephen Staats and others. He went to work
in Captain Sutter's mill, and was walking with Mr. Marshall when the
first piece of g(3ld was found. Whether Marshall or Bennett picked up
the piece will never be known, but Bennett pronounced it gold, and
made such tests as to estat)lish the identity of the metal. Mr. Ben-
nett mined and traded in California for two years, then returned to
Salem to live, having made considerable money. He was an enter-

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PROVISIONAL GOVERNMENT.

^37

prising man and erected the first hotel building in that city. He was
a born soldier and as brave as a lion. He led a companj' of v^olunteers
in 1855, and was killed at the head of his company in the heaviest
battle Oi ne war. He was brought to Salem for burial. Hon. Daniel
Waldo and Hon. T. D. Keizer both served as members in the Oregon
legislature. W. H. Herron was sheriff of Marion county and filled
other important po.sitions.

About a month after their organization, while drilling under the
command of lyieutenant Robinson (Captain Bennett being absent) word
was brought to the company that a band of Indians, in camp a few
miles away, were committing various depredations and the settlers
wanted assistance. This was a good opportunity for the newly organ-
ized militia to display their valor, and accordingly they proceeded to
investigate, and if necessary, to give the savages an example of their
prowess, and inflict a severe chastisement. The following is a written
statement furnished by a gentleman who lived at that time near the
scene of action.

The Battle Creek Affair.

In June, 1846, a party of Indians, Wascopams, from The Dalles, or Warm
Springs in Wasco county, made their appearance in the southern part of Marion
county. Whether they came via the Indian trail north of Mount Hood, or by
the one leading into Santiam valley is not known. They appeared and located
their camp for a time on the northwest of Looney Butte in the lower Santiam
vallej", and soon afterwards attracted the attention of the scattered settlers both
by their numbers and their rather free and easy behavior. In the then condition
of the settlement, it required but little that was unusual to attract such attention.
Hamilton Campbell, a niember of the recently dissolved M. E. Mission, had be-
come owner of the cattle of the mission by purchase, and these cattle ranged on
the hills between the vSantiam river and Mill creek to the north where the mission
was and Salem now is located. A rumor wa^ started in the settlement that the
Indians were killing and eating from the cattle ranging in the vicinity of their
camp, and upon that rumor a young man was sent to ask the aid of Captain Ben-
nett's company of rangers, who met for drill every Saturday at the farm of Daniel
Waldo, in the range of hills now bearing his name. The messenger found the
rangers drilling under command of Lieutenant A. A. Robinson, second in com-
mand (Captain Bennett being absent). Robinson gave the order to march to
where the Indians wtre supposed to be. There was nothing in the wayof acjuick
gallop across the country, the distance being abont fourteen miles. The Indians
had (seemingly entirely unaware of being a cause of alarm) moved their camp
some four miles northward towards Salem, and the horsemen having got onto the
trail between Salem and the Santiam settlement, a little north of where the In-
dians set their new camp in a fringe of brush bordering a small stream, were right
in amongst the Indians when they became aware of their presence. The party
had been riiling very briskly and, of course, under some excitement. Their sud-
den appearance and sudden stopping on seeing the Italians, alarmed the latter
ami they took to such cover as the little fringe of l)rush afforded. It is not cer-

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tain whether it was an Indian or a white man that fired the first shot. Which
ever it was, it w as without orders. It was never questioned that David Daily fired
at close range and an Indian fell. The whites, at this time, were crowded together
and the Indians began a lesultory fire from the brush, some of them having pis-
tols and some having the small fusee, which was the gun of the Hudson's Bay
Company's trade with the Indians. That the Indians were poorly armed is suf-
ficiently indicated by the fact that no white man was touched, while thus exposed
to the fire of the Indians in the cover at close range. The command was soon
given, however, to retreat, and the whites formed in some little order at long rifle
shot from where the Indians were, and a few scattering shots were sent into the
brush at random.

This was soon stopped, and the leader of the Indians demanded to know why
they were attacked in that manner. On being informed that it had not been the
intention to attack his party, but that information had been circulated amongst the
whites that his party were killing and eating the cattle which belonged to white
men, and they had come to see about it. This, the Indians stoutlj' denied, and
the proof of the charge was not made. No further shooting occurred, and the
casualties were one ze//fzV(? w/a« badly frightened,^ and one Indian shot through
the fleshy part of both thighs. As everything could be settled with the In-
dians for a property consideration this man's case was no exception. A gift of a
pony and a pair of blankets settled the trouble, and the trouble and the name of it
settled Captain Bennett's company of Oregon Rangers. It needed no instruction
after the aff"air of Battle creek. Public spirit wilts under ridicule. The e.Tect of
a prospective fight had such an effect upon one of the Ranger; as to bring the
action into riticule. The Indian recovered from his wounds; the ranger never re-
covered.

The Mounted Riflemen.
On May 19, 1846, Congress passed an act authorizing the raising
and equipping of a mounted regiment of riflemen and establishing mil-
itary posts in Oregon, with the same pa}'' and allowances to dragoons,
and for extra duty 15 cents per day. The sum of $76,500 was appro-
priated for mounting and equipping this regiment. The sum of 83,000
was appropriated for each military post that the President might
authorize to be built on the route to Oregon. Stat, at large, ist Se.ss.
Ch. 23, p. 14, 1846.

Lieutenant Neil M. Hoivison's Report.
Lieutenant Howi.son, United States navy, was ordered by Commo-
dore Sloat to take the United States schooner Shark and proceed to
the Columbia river. The Shark left the Sandwich Islands June 23d,
and arrived off the mouth of the river July 15th, and was compelled to
lay off for three days and entered on the i8th. Being warned by Cap-
tain Mott, of the Hudson's Bay Company's barque Vancouver, and
Captain Crosby, of the American barque Toulon, that the bar of the

1 It required a wet-nurse application of water to restore the victim to normal conditiou.

1846

PROVISIONAL GOVERNMENT.

239

river had shifted, and not to depend upon Commodore Wilkes' chart, he
took a small boat and sounded out the channel and made his entrance
safely. Thus it was that Commodore Wilkes' chart was out of date
even before it had been published, as Lieutenant Howison had a copy
on tracing paper. On arriving at Baker's bay, he was boarded by
Messrs. Lovejoy, Gray and Spaulding, who happened to be at Astoria,
After a negro pilot had run the schooner on to a sand bar, Mr. Lattie,
formerly a mate of a Hudson's Bay Company's ship, took the vessel to
Astoria, where he remained three days, visiting the American settle-
ments on Clatsop plains, obtaining all the beef and vegetables he re-
quired. The Shark reached Fort Vancouver July 24th, where he found
Her Britannic Majesty's sloop-of-war Modeste, Captain Baillie. On the
26th he dropped down to the mouth of the Willamette, but could not
enter, and returned to Vancouver. Lieutenant Howison sent his lieu-
tenant with a boat to Oregon City, accompanied by a letter of instruc-
tions to refrain from engaging in arguments touching the ownership of
the soil, as he considered it his duty "to allay rather than increase
excitement on a question which no power hereabouts could settle,"
Lieutenant Howison learned that the British Government had the
sloop-of-war Alodestc, in the Columl)ia, the frigate Fishgord in
Puget Sound, and the strongly armed steamer Cormorant in the sound
and about Vancouver's island. These unusual demonstrations of power
were a source of great irritation to the Americans. "The English res-
idents calculated with great certainty upon the river being adopted as
the future dividing line, and looked with jealousy upon the American
advance into the northern portion of the territory, which had some in-
fluence in restraining innnigration." Lieutenant Howison went up to
Oregon City and was received with a salute, in which blacksmith an-
vils were used in place of cannon. From Oregon City, accompanied
by Governor Abernethy, the lieutenant took a trip up the Willamette,
and is very enthusiastic in his description of the valley and the man-
ner in which he was received by the people. He says : "I had previ-
ously dispatched the first lieutenant, W. S. Schenck, up the Columbia
river as high as The Dalles, to find out what settlements had been
made along the banks, and more particularly to gain information of the
large emigration which was expected in ='■ * * from which
we should get dates as late as June. When Captain Wilkes left the
the river in i<S4i, he placed the Peacock^ s launch, at that time a
splendid boat, in charge of Dr. McLoughlin, to be used in assisting
vessels about the bar, should they need it. After this boat had re-
mained a year in the water without being of any use, she was hauled

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BROWN S POLITICAL HISTORY.

1846

up on shore, and was found completelj^ out of order from the effects of
deca)' and shrinkage. Many applications had been made for her by-
American emigrants, but Dr. McLoughlin did not feel authorized to
deliver her to any other than a United States officer. "I thought it
good policy to sell her for the benefit of the Government, as the man
who purchased her for $150, did so with the intention of using her
as a pilot boat." On August 23d the Shark started down the
river and reached Baker's bay on September 8th. "The 9th was de-
voted to observations on the bar and preparations for crossing it. On
the loth, in the afternoon, the attempt was made and resulted in the
shipwreck of the schooner." The crew all made their escape with
only the clothes they wore. Lieutenant Howison immediately went to
Fort Vancouver, where' all :)f his wants were supplied by the officers
of the Hudson's Bay Company, by taking bills on Baring Bros., at
par, and a free gift of a boat load of provisions from the officers of the
Modestc. Governor Abernethy and Captain Couch, of Oregon City,
offered assistance. October nth, L,ieutenant Howison chartered the
Hudson's Bay Company's schooner Caclhow, for /"500 to take him
and crew to San Francisco, but did not succeed in getting out of the
river until January 18, 1847, and arrived at San Francisco on the 27th.
The following letters will explain themselves :

Fort Vancouvkr, September 11, 1846.
Dkar Sir : We have just heard of the unfortunate accident which has be-
fallen the S/iark on the bar of the river, and we beg to offer our sincere condolence
on the distressing event. We also beg to offer every assistance we can render in
your present destitute state, and hope you will accept of the few things sent by
this conveyance. Captain Baillie having dispatched bread and tea by the Modeste's
pinnace anticipated our intention of sending such things. Have the goodness to
apply to ]Mr. Peers for any articles of food or clothing you may want, and they
will be at your service if he has them in store. .\s the people of Clatsop can fur-
nish abiuulance of beef and potatoes, we are not anxious aljout your suffering any
privation of food. If otherwise, IMr. Peers will do his utmost to supply your
wants. With kind remembrance to the oi^icers, we reuuiin yours truly,

PKTKR SKKEN 0GDP:N,
J.\MKS DOUGLAS.

Hkr Majesty's Sloop Modeste, )

Port Vancouver, Cohmhia River, September 13, 1846. f
Sir ; It was with the greatest regret that I this morning r -reived infornuition
of yoivr vessel being on the sands at the mouth of the Columbia. I'rom the hur-
ried information I have received, I much fear that my boat will be too late to
render any assistance in saving the vessel ; but in the possibility of your not hav-
ing been able to save provisions, etc., I beg to offer for your acceptance a few of
sucli articles as are not likely to be obtained at Clatsop.

I have the horor to be your obedient servant.
Lieutenant Howison, " TIIOS. BAII T,IE,

Comma»din_q^ U. S. Schooucr Shark. Commander.

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1846

PROVISIONAI, GOVERNMKNT.

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milder.

Bakkr's Bay, Friday, November 9, 1846.

Sir : I much regret the melancholy dibaster which befell your vessel on
Wednesday evening, and also my inability to render you any assistance at that
time. The Indians tell me there are several lives lost, but I hope such is not true.
I am informed you wish to occupj' part of the house at Astoria ; it is at your ser-
vice, as also anything else there in the shape of food or clothing ; and I must, at
the same time, apologize for oftering you such poor accommodations. I sent off
a dispatch to Vancouver yesterday morning, to actjuaint them of your distress,
and expect an answer vSunday morning. HENRY PKKRS,

Port Agent of Hudson's Bay Company.

To Captain Howison.

Oregon City, September 15, 1846.

Dkar Sir : Last night we heard the melancholy tidings that the schooner
S/iark was lost on the south spit. It was painful intelligence, particularly as we
are yet in doubt as to the safety of yourself, otficers and crew. The letter we re-
ceived at this place states that the probability is, all were saved, which I sincerely
hope may be the case ; but until we hear of the safety of all, we will be in an un-
happy state of suspense. My first feeling was to leave all here and reach Clatsop
as soon as possible , but I am situated in such a way, just at this time, I cannot
leave. Should you not make arrangements to get away in the Mariposa, we have
your room in readiness for you, and will be very happy to have you make one of
our family, as long as you remain in the country, and any one of your officers
that you may choo.se for the other room. I perceive the Modeste's launch was to
leave with a supply of provisions for you for the present. If you wish anything
that I have, let me know, and I will send it down immediately. I have plenty of
flour, and I have no doubt but plenty of beef and pork can be obtained here for
the crew. It will give me great pleasure to be of any service to you. Hoping to
hear from you soon, and that yourself, officers and crew are all safe on shore and
in good health, I remain yours truly. GEORGE ABERNETHY.

Captain NEit Howison.

September 19, 1846.
Dkar Sir. * * * Should a vessel arrive belonging to the firm, I
think you will have no difficulty in chartering her to go to California. I shall be
happy to render you all the assistance that lies in my power. Should you wish
any assistance as it regards money, or anything that I can obtain for you in Oregon,,
please inform me, and I will at the earliest date endeavor to procure it for you.
Please accept my kindest regards to yourself and officers.

Yours truly. JOHN H. COUCH.

Baker's Bay, Columbia River, \
December i, 1846. )
DEAR Governor : One of the few articles preserved from the shipwreck of
the late U. vS. vSchooncr Shark, was the stand of colors. To display this national
emblem, and cheer our citizens in this distant territory by its presence, was the
principal object of the Shark's visit to the Columbia ; and it appears to me, there-
fore highly proper that it should henceforth remain with you, as a memento of pa-
rental regard from the General Goverumeut. With the fullest confidence that it
will be received and duly appreciated as such by our countrymen here, I do my-
self the honor of transmitting the flag ( an ensign and union jack ) to your address

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242

brown's POI.ITICAL HISTORY.

1846

nor can I omit the occasion to express my gratification and pride that this relic of
my late command should be emphatically the first United States flag to wave over
the undisputed and purely American territory of Oregon.

With considerations of high respect. NEIIv M. HOWISON,'

Lieutenant Commanding U. S, Navy.

Oregon Citv, Dec. 21, 1846.
Dear Sir : I received your esteemed favor of Dec. ist, accompanied with the
flags of the laic U. S. vSchooner Shark, as a " memento of parental regard from the
General Government" to the citizens of this territory. Please accept my thanks
and the thanks of this conminnity for the ( to us ) very valuable present. We will
fling it to the breeze on every suitable occasion, and rejoice under the emblem of
our country's glory. Sincerely hoping that the "star-spangled banner" may ever
wave over this portion of the United States,

I remain, dear sir, yours truly.
Lieut. Howison, Lieut. Commanding. GEO. ABERNETHY.

Lieutenant Howison's report to the Commander-in-chief of the U.
S. Naval forces is quite long, covering thirty-six printed pages. He
employed all of his time in gathering information and formed a very
favorable impression of the peopl'e and country. He made .several very
urgent and beneficial recommendations in regard to the development
and fostering of commerce; which, if the " paternal Government " had
heeded instead of discussing the "nigger question" would not only
have been of great benefit to the struggling community, but would have
saved several ships and many lives. However it was politics first, and
the country afterwards.

Speaking of Dr. McL,oughlin, he says :

"The control of all the company's affairs west of the Rocky mountains was at
that time (1820), and continued until 1845, to be in the hands of Mr. John
McLoughlin. As this gentleman figures largely in the first settlement of the coun-
try, and contiimes to occupy a most respectable and influential stand there, it may
"be proper to describe him. He is a native of Canada, but born of Irish parents, he
is well educated, and, having studied medicine, acquired the title of doctor, which
is now universally applied to him. Of fine form, great strength, and bold and
fearless character, he was of all men best suited to lead and control those Canadian
adventurers. * * * \\^ came I think, as early as 1820 to assume the
direction of the Hudson's Bay Company's interest west of the Rocky mountains,
and immediately organized the necessary trading posts among the Indians of Ore-
gon and those on the more northerly coasts. He continued to maintain the super-
intendence of this increasing and most profitable trade, and by judicious selection
-of assistants, the exercise of a profound and humane policy towards the Indians,

1 Tjeut. Howison in his report pp. 6-7 says : "October i6th the American barque Toulon ar-
rived from the Sandwich Islands, and brought us the news of the Oregon treaty, Mexican war, and
the occupation of California. * * * The right of ownership of the soil beinj; decided by
treaty, I no longer felt any reserve in hoisting our flag on shore ; and it had been sometime waving
over our quarters on the very spot which was first settled by white man on the banks of the Colum-
bia, When we broke up and embarked, I transmitted this emblem of o\ir nationality to Oovernor
Abeniethy.

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1846

PROVISIONAL GOVERNMENT.

24:

* * * placed the power and prosperity of his employers upon a safe and
lasting foundation. The doctor is now about 70 years of age ; is still strong and
active, of robust figure and rosy complexion, with clear gray eyes, surmounted by
huge brows and a full head of hair, white as snow. He is a strict professor of the
Catholic religion. He resides now altogether at Oregon City ; is said to be on fur-
lough from duty in the company's service, and devotes himself to the operation of
a fine flour and saw-mill which he has built at the falls. He is active and
indefatigable, and has by his advice and assistance done more than any man
towards the rapid development of the resources of this country ; and although his
influence among his own countrymen, some few of the most respectable American
settlers, and throughout the half-breed and Indian population, is unbounded, he is
not very popular with the bulk of the American population. Some complaints
against him of an overbearing temper, and a disposition to aggrandizement increas-
ing with his age, seem not to be entirely groundless. He is, nevertheless, to be
considered a valuable man; has settled himself on the south side of the river, with
full expectation of becoming a citizen of the United States, and I hope the Govern-
ment at home will full}' appreciate him."

Speaking of the population, Lieut. Howison says :

"Simultaneously with the Canadians were discharged from the company's
service other subjects of Great Britain, as farmers, mechanics, &c., chiefly from
Scotland and the Orkney isles, besides some of the wild offspring from the Earl of
Selkirk's emigrants to the Red River settlements, north of the lake of the Woods.

* * * No important accessions occurred until the American missionaries,
with their families came into the country ; nor do I believe, prior to 1836, a single
white ivoinan lived here. It was not until the year 1839 that any regular emigrat-
ing companies came out from the United States; and these were small until 1842,
when an annual tide of thousands began to flow towards this western window of
our republic."

Lieut. Howison entertained a different opinion from Captain Wilkes
who had left only a few years before. In regard to the necessity of
some kind of a civil government. Lieut. Howison says ;

"The people of Oregon had lived without law or politics, until the early part
of 1845 ; ' and it is a strong evidence of their good sense and good disposition that
it had not previously been found necessary to establish some restraint of law in a
community of several thousand people. Among the emigrants of this year, how-
ever, were many intelligent, reflecting minds, who plainly saw that this order of
things could not continue in a rapidly increasing and bustling population ; and
that it became indispensable to establish legal landmarks to secure property to those
already in its possession, and to point to newcomers a mode of acquiring it. A
convention was accordingly held, and a majority of votes taken in favor of estab-
lishing a Provisional Government, ' until such times as the United States of .Amer-
ica extend their jurisdiction over us.' The organic law or constitution was of
course first framed, and made abundantly democratic in its character for the taste
of the most ultra disciple of that political school. * * * The election for
Govern I ir excited the same sort of party array ; but, as there were several candidates
for this office, some new considerations may be supposed to have mingled in the
contest. George Abernethy, Esq. , a whole-souled American gentleman, w as elected

1 The first meeting to organize a government was held Feb. 17, 1841.

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BROWN S POUTICAL, HISTORY.

1846

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by a majorit}' of the whole ; nor did he receive any support from those u'uder the
Company's influence. This gentleman came to Orejjjon as secular agent to the
Methodist mission in i83Sor '39, and, at the dissolution of that body, engaged in
mercantile and milling business. He is very extensively acquainted with the coun-
try and people of Oregon, and is greatly respected for his amiable, consistent and
patriotic character. He is a native of New York, and married a lady of Nova
Scotia, and will make a valuable correspondent to the United vStates Government
should it be desirable to communicate with Oregon."

" Large droves of American cows and oxen have annually accompanied the
emigrating parties from the United States, and the Hudson's Bay Company have
imported many from California ; but of this indispensable appendage to an agricul-
tural district, the far greater number in the Wilhammctte ' valley have sprung from
a supply driven in from California through the instrumentality of Purser Slacum,
U.S. Navy who visited Oregon eight or nine years ago as an agent of the Government.
Chartering a small vessel in the Columbia, he carried down to San Francisco a number
of passengers, gratis, whom he aided in procuring cattle, and purchased a number for
himself besides, which were driven into the rich pastures of Oregon ; their descend-
ants are to the inhabitants a fertile source of present comfort and future wealth.
It is but justice to the memory of Mr. Slacum to add, that from this circumstance,
and others like it, evincing an interest in the welfare of the people, and a desire to
aid their efforts in settling the country, no other official agent of the United States
who has visited Oregon is held in equally high estimation or grateful remembrance
by the early settlers here."

When lyieut. Howison arrived at San Francisco, a court of inquirj-
to investigate the cause of the wreck of the Shark was ordered which
totally exonerated that gallant officer, as will be shown by the follow-
ing extract from a letter of Comiuander Biddle. They also tendered a
resolution of thanks to Captain Baillie and the Hudson's Bay Company.
The services rendered by the captain of the Modeste, were of course
courtesies that one naval vessel of any nation would instantlj'^ render
another, but the motive of the officers of the Hudson's Bay Compan}-,
was entirely of another nature — what they furnished was paid for,
and the proffered aid was made for the purpose of creating a good im-
pression at the capital as they well knew it would be reported to our
Government and aid them in any scheme they might wish to carry out.
The following is Lieut. Howison's letter with extracts :

U. S. Frigatk Savannah, \
Monterey, March 17, 1847. )
Dear Governor : We sail to-morrow for Valparaiso, from where I proceed
across the Isthmus to the United States as bearer of dispatches. I cannot how-
ever leave the coast, without bidding you a friendly good-bye.

You will sec by the annexed extracts, that I have passed the tribunal of inves-
tigation, unscathed. Upon getting hold of Wilkes' chart again ( a cop}' of which
was the only one I had on board the Shark)^ I found it afforded me an ample defense,
setting down on the cape bearings where I struck, four and a quarter fathoms, and

: Lieut. Howison's spelling of Willamette in his report.

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1846

PROVISIONAL GOVERNMENT.

245

there tiot hehi^ accoydhiff to that chart, a spot I could j^touiuI upon in less than two-
thirds of a mile from us. Lest I should not find time to write Messrs. Ogden and
Douj^las a line, please send them a copy of that jjortion of the findinjj of the court
concerning their kindness to us which is annexed.

I hope you )^ot my letters by the Toulon, includinj^ a paper couta' iig the
boundary convention. Although I have been obliged to represent the navigation
of your river as it really is, very dangerous and uncertain, I shall not fail to inform
the (iovernment how greatly these disadvantages will be diminished by the intro-
duction of the same aids which other such entrances throughout the w(jrld arc
furnished with.

The little I have seen of California, has served only to elevate my opinion of
your charming country ; for certainly it is more proper to contrast, than compare
anything hereabouts with the Willamette valley. Gen. Kearney is so disposing
his forces — volunteers and regulars — as to ensure the peace of this country, but
our latest advices from Ivasteru Mexico, give no groutids to hope for a speedy pac-
ification in that quarter. After the Savannah's departure hence, we shall still have
an S6 gun ship, the Colntnhus, two heavy frigates, four sloops-of-war, and two
transport ships, to lay in the ports and along this western coast, and defend our
population from impertinent interposition by water.

The middle of July will see me at Washington, and if an opportunity presents
so late in the season, I will communicate all I can learn interesting to j-ou and
your friends in Oregon. Gen. Kearney will return overland by September next.
With him I have had a great deal of conversation about Oregon, and he tells me
his influence will be exerted to induce speedy action in and attention to its inter-
ests on the part of the General Cjovernment.

With respects to all my friends, and particlar regards to your lady and family.
I remain dear sir,

C>-

George Abernethy, Esq.

Oregon City.

Extracts.
" And it appears further to the court, that the timely and needful supply of
provisions, etc., which were so promptly furnished to the wrecked officers and
men of the Shark, by Captain Baillie, of H. M. vS. Modeste, and the Hudson's Bay
Company, contributed nmch to their relief and comfort, and was praiseworthy in
the highest degree." E. A. F. LAVALLETTE,'

Wm. W. Russell. Lt. Marines. President.

Judf^e Advocate.

Extract from a letter from the Commander-in-chief to Lieut. Comd'g, Neil 'SI.
Howison :

" I will add that from my previous knowledge of your character as an officer,
1 was quite sure that the inquiry would, as it has, result in entirely exonerating
you from any blame whatever." Very respectfully, your most obedient,

(Signed.) JAMES BIDDLE.

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■!

■) '■ !

To show that the Hudson's Bay Coinpatiy considered the north side
of the Columbia as British territory, and that they were actinj;^ ai^cnts
for that Goverinnent, the following letter was written after the Slinrk
had left Fort Vancouver, and three days before she was wreckt-d. It
most undeniably makes false accusations against the officers of the un-
fortunate schooner, although lyieutenant Howison is given a left-handed
compliment :

I'ORT Vancouver, .September 7, 1S46.
y. A. Duntze. Captain of H. M, S. Fisguard —

vSiR ; vSince we had the pleasure of addreating you on the irtli ult., this set-
tlement has not been disturbed. A great many of the Americans have been down
from the Willamette and made excuisions into the country around this place, with
a view to discovering eligible situations for settlements, but have committed no
overt act of trespass on the rights of tlie prior owners of the laud. The Ameri-
cans had never shown any predilection for settling on the north side of the Columbia
river until the I'nited States schooner Shark arrived at this port, and the excitement
among them having greatly abated since her departure from here, we caun<it
help IhiiiUing that the people were directly or indirectly encouraged by the officers
of that vessel to encroach upon our settlements. This was, to speak of it in the
mildest terms, a most impudent act on their part, which cannot do any good, or
add one iota to the rights of the United States ; Imt on the contrary must tend to
much evil, by dragging the ignorant and over-excitable population of the country
into mischievous courses. We bog to add, iti justice to Captain Howison, the com-
mander of the Shark, that he evinced much concern on observing the lengths to
which his countrymen were disposed to carry their encroachments, and made some
exertions to put a stop to their proceedings. The prevailing opinion among Amer-
icans now appears to be, that Great Britain will give up the Columbia and accept
the 49th parallel of latitude as a boundary, and moreover, they firmly believe that
the British subjects in this country will not be allowed to hold lands ihey now oc-
cupy when the Government of the United Slates comes into possession, conse-
quently each and all arc striving to establish pre-emption rights on our settle-
ments, in hopes of coming into possession the moment we are, according to their
views, obliged to surrender them. * '^^ * # * *

We remain with respect your obedient servant.

Signed : PKTb:R SKKKN OGDKN.

JAMHS DOUGLAvS. '

Lieutenant Howison in his report (p. 20-1), .speaking of the Puget
Sound Agricultural Company, says :

The Puget vSound Agricultural Company is merely a nominal affair, being only
a new name with new privileges, under which the capital of persons belonging to
the Hudson's Bay Company is turned to profit. It is difficult to get exactly at the
true relationship between it and the other, as the parties who manage them are
the same, and they have endeavored to make them appear as separate interests.
When, therefore, a new farm is taken possession of stocked and put under culti-
vation, or a fine mill is erected and put into profitable operation, these are acts and
privileges of the Agricultural society ; but when the products of these establish-

I See note at end of this vear.

^mm:

1846

TKO VISIONAL GOVKKNMKNT.

247

tncnts are ready for market, the company with trading privileges take them in
h.'iiid. As before stated, persons wisliing to hold land under the Provisional (k)v-
cnimetit, having selected the same, were reijuired to mark out its limits, and have
it recorded by a person selected to keep a book of all snch entries. Land thus
marked out were called "claims," and in compliance with this recpurement, the
Hudson's Hay Company had entered all their landed property in the names of
their officers and clerks ; they have omitted no means or forms necessary to secure
tliem in their possessions. Fort Vancouver is surrounded by eighteen Knglish
"claims," viz. : niiu; miles on the river and two back; and besides the dwelling
houses, storehouses and shops in the fort, they have a flour mill a few miles up
the river, and above that again, a saw mill. The Vancouver grounds are princi-
pally appropriated to grazing cattle, horses, sheep and hogs. On the Cowlitz the
company has a large wheat growing farm, and I believe these are the only land
claims they have below the mountains. They have, besides, a post on the Tmp-
qua. Around their posts at I'orts Hall and Boise, and on the northern branches of
the river, they have hitherto enclosed no more ground than was necessary for gar-
den purposes ; but finding themselves confirmed by tteaty in their hold upon prop-
erty " legally ac(pnr'-d," God knows what may be the ex! .at of their claims when
a definite line comc'i to be drawn. The company have three baniucs, employed
freighting hence to England and back, via the Sandwicli Islands, besides a schooner
and a small steamer in the trade of the northwest coast. They supply the Russian
establishment at Sitka annually vvUh I5,cx)u bushels of wheat, and sell them be-
sides, I am told, some furs. The trade in this latter article has become of lale
years much less profitable t' an formerly, and ii is said to have so far dwindled in
amount as to be scarcely wuith pursuing ; but as no statistical reports of profits, or
extent of trade, are ever published by the company, it ia not possible to say with
accuracy what tliey are do ng. In April, 1S46, a report readied Oahu that the
company's barcjue Co'vlit:: had after leaving the Sandwich Islands for England,
been run awav with by the crew, and Mr. Pelly, the company's agent, immediately
issued advertisements, making it known, and calling on couimr aders of ships of
war to intercept her. He told me on that occasion that the l)arque's cargo of furs
and specie (which was the usual annual remittanct^ by the company) amounted to
nearlv ,/'2iio,(i(X) sterlin^^ The rumor about her turned out to have originated in a
mistaken appreheii>ioii.

The above .shows the object of the English Governraetit in not set-
tling the boundary ([tiestion, and in carrying otit the wishes of the
Hudson's Bay Company, for jcjint occupancy from 1818 to 1S46, being
twenty-eight years ; knowing full well that they could, as they did,
dnee out all opposition in the fur trade, and thus ho^d po.sse.ssion of
the countr}' until they had stripped the same of all fur-bearing animals.
This they did at the rate of at least Si, 000, 000 annually, amounting at
least to 628,000,000. Our Government cotild have well afforded to have
given a bonus of Si 0,000, 000 and .settled the question in 18 iS. Then to cap
the climax, our Government was again swindled iu the treaty of 1846,
by agreeing to ])ay an unknown bill to that greatest of frauds and
swindles, the Puget Sound Agricultural Company, to the tune of
$450,000 "on account of the possessory rights and claims of the Hud-

iiiii^ i

248

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1846

son's Bay Company ; and on account of the possessory rights oi the
Puget vSound Agricultural Company, the sum of §200,000;" total
$650,000. A nice commentary on American sagacity, statesmanship
and diplom;icy.

The first proposition ever made in Congress for the occupation and
settlement of Oregon was made in 1820-21, by Dr. John h'loyd, a re])-
resentative from Virginia, who became acc^uaiuted in Washington with
Ramsey Crooks and Russell Farnham, who had both been out to the
Pacific coast, and boarded at che same hotel with Mr. Floyd and Sena-
tor Benton. Mr. Floyd determined to bring forward the question of the
occupation of that, to him, interesting country ; and moved that a
select committee of three be appointed to take the subject into consid-
eration. He was appointed chairman, with Thomas Metcalf of Ken-
tucky, and T. V. Swearingen of West Virginia as the remaining two
of the committee. It was generally supposed that nothing would be
done, but the committee introduced a bill to authorize the occupation
of the Columbia river, and to regulate trade and intercourse with the
Indian tribes thereon, and at the same time su1)mitted an interesting and
elaborate statistical report in regard to the fur trade, in which the re-
sources of the country, etc., were set forth with clearness. The bill
was read twice and referred to the conunittee of the whole, and
nothing more was done that session in regard to the matter, but a
subject hid been broached that was destined to play a very important
part in political affairs at different periods until finally settled twent\'-
five years afterwards. At the next session Dr Floyd stated: "The
danger of a contest with Great Britain, to whom we had admitted a
joint possession, and who had already taken possession, was strongly
suggested, if we delayed longer our own occupation ; and a vigorous
effort of policy, and perhaps of arms, might be necessary to break her
hold ;" and he used the following almost prophetic language : " Mere
adventurers ma}- enter upon it, as ^neas entered upon the Tiber, and
as our forefathers came upon the Potomac, the Delaware and the Hud-
son, a id renew the phenomenon of individuals laying the foundation
of a future empire."

As soon as Missouri was admitted, Mr. Benton, one of her first sen-
ators, came to the relief of Dr. Floyd, and in some remarks said ;

I, for one, had as lief see American ministers going to the Emperors o' Ohiua
and Japan, to tlie King of Persia, and even to the Grand Tnrk, as to ■ tliu-m
dancing attendance upon these European legitimates who hold everything,, .'* tneri-
can in contempt and detestation.

■*llll<ll J 1

IS45

PROVISIONAL, GOVERNMENT.

249

'una

Mr. Jefferson, whose far-reaching, philosophical mind assured him
that as the Rocky mountains were the head of the Missouri river, the
other side of them must necessarily produce a stream equally as large.
To determine whether that stream was not the Columbia wluch Cap-
tain Gray had discovered was one of his grentest desires. Actuated
bj Uiis motive, soon after he had attained the position of Presid'Mit,
he urged congress to organize the Lewis and Clarke expedition, which
so successfully solved the problem, and proved that the country was a
n</cessity to our Government for the purpose of developing our com-
merce with the Asiatic nations, furnishing harbors for our whalers,
merchantmen and men-of-war. To that great statesman is due, in a
large measu/e the ownership of an extensive country that within a cer.-
tury of his time will be the home of millions of people, living und^r
the Government he helped to found. Strange as it may seem the oc-
cupation of Oregon was not again reverted to until 1828, a period of
seven years.

By the terms of a treaty signed at London, 1818, a j jint occupancy
was agreed to by Messrs. Gallatin and Rush, the American negotiators.
"That any country claimetl by either party on the northwest coast of
America, together with its harbors, bays and creeks, and the naviga-
tion of all rivers within tlie. ;ai) e, be free and open for the term of ten
years, to the subjects, citizerib and vessels of the two powers, without
prejudice to any cla'iu which either party might have to any part of
he country.'" By the terms of the above, it will be noticed that our
negotiations virtually admit that Great Britain had some claim to the
country south of the 49° 30' north latitude ; but upon what grounds it
is impossible to conjecture, as the United States had purchased all the
domain claimed by France and Spain. Captain Gray had discovered,
entered and named the Columbia in 1792, and Captains Lewis and
Clarke had discovered the head of the same stream and traced it to the
ocean, there meeting the discoveries of Captain Gray. 1805. Still, in
tiie face of all this, they allowed a joint occupancy, virtually shutting
out the Americans, as the country was even ;it that time in the hands
of Great Britain through the powerful Hudson's Bay Company. They
also drove out the Astor colonists and other Americans who entered
their own country to trade for furs and pelts. So fletermined was the
Hudson's Bay Company to control the country, that up to 1S28, a well
authenticated report was made to our Government thac not less than

I President Monroe statefl "that his instructions had not authorized this arrangement (which,
in fact, the commissioners intimated in their correspondence), an<l only after much hesitation pre-
vailed on himself to send it to Hit- Senate." Thiity Years View. Vol. II, p. 4(19.

2 so

bro^/n's political history.

1846

2s til

five hundred of our citizens had been killed, and not less than $500,000
worth of goods and furs had been robbed of them. In 1828, the ten
years joint occupanc}' expired by limitation, but was unwiseljTenewed
indefinitely, with the proviso that after one year's notice, it could be
annulled and a new treaty entered into. To this treaty Senator Ben-
ton was strenuously opposed, and filed the following in the executive
journal of the senate for future reference.^

r. That it is not expedient for the United States and Great Britain to treat
further in relation to their claims on the northwest coast of xVnicrica, on the basis
of a joint occupation by their respective citizens.

2. That it is expedient that the joint occupation article in the convention of
1818 be allowed to expire upon its own limitation.

3. That it is expedient for the Government of the United States to continue
to treat with His Britannic Majesty in relation to said claim, on the basis of a sep-
aration of interests, and the establishment of a permanent boundary between their
dominions westward of the Rocky mountains, in the shortest possible time.

These resolutions were not voted upon, btit the treaty was ratified
with onl}^ seven votes in the negative, so Oregon again was handed
over to the Hudson's Bay Compan}' indefinitely. The discu.ssion in
the Senate attracted the attention of the people, especially in the West-
ern states, and the subject grew in interest until the .state legislatures
of Indiana, Illinois, Michigan and Missouri passed resolutions from
time to time, instructing their senators and represt-iraitives to tirge the
General Government to take action for an immediate change in the
treat}', and give to our possessions in Oregon both civil and military
authoritj'. The reports of traders and .scientific men who had visited
that cotmtry were well calculated to keep up the excitement uritil 1836,
when the Reverend Lee and other missionaries went to Oregon, and
reported its desirableness as a country' to make a home in.

In 1842, lyord Ashburton negotiated a treaty with the United States
in which our Government was again badly outwitted in regard to the
national boutidary between the state of Maine and Canada. In regard
to the Oregon question his lord.ship requested that the matter be set
aside and the following is from the l^resident's message on that subject :

.\fter sundry informal communications \Vith the Hritish minister ujjon the sub-
ject of the claims of the two countricH to tctriiory west of the Rocky mountains,
so little probability was found to exist of comini; to an aj^rcement on that subject
at present, that it was not thought expedient to make it one of the subjects of
formal net^otiation, to be entered upon between this Government and the Uritish
nrnister, as a part of his duties under his special mission.

When this treaty was published, it created great excitement, and

2 Thirty Year's View. Vol. I, p. iii.

1846

PROVISIONAL GOVERNMKNT.

■5^

Mr. Tyler was reminded that Mr. Monroe's administration had asserted
that all foreigners were excluded from settling or ct)lonizing Oregon,
while it was then well known that permanent improvements were be-
ing made by British subjects, who were developing commercial inter-
course with the Sandwich Islands and other foreign governments.
Another one of Mr. Tylei s blunders was the recommendation to dis-
courage emigration to Oregon, by withholding land from the settlers
until the two governments had made a treaty. The western people
had comiuenced to cross the plains since 1.S3S, and the number grew
yearly until 1842, when there were so many leaving for the Pacific that
it attracted universal attention, and the presidential campaign cry of
" ^1-40 or fight," was being carried out spontaneously without regard
tc Fn sident Tyler's wishes or non-encouragement.

Early in the session of Congress, 1842, Senator lyinn, of Missouri,
f introduced a bill to afford protection while traversing the plains and

after arrival in Oregon, also giving all a liberal grant of land; also ap-
pointing civil officers to maintain order under the laws of the territory
of Iowa, which were to be extended to the Pacific coast. As England
had authorized justices of the peace to officiate under an act of Parlia-
ment, it was claimed that Congress could do the same, especially asall
the country south of 49° was owned b}- the United States. This bill
met with bitter opposition, especially from Senators Calhoun and
McDuffie, both of South Carolina, among other things was said :

For whose l)eiiefit are we boutul to pass this bill ? Who arc to go there along
the line of military posts and take possession of the only part of the territory lit
to occupy — that part lying upon the sea coast, a strip of less than one hundred
miles wide; for, as I have already stated, the restof the territory consists of mount-
ains almost inaccessible, and low lands which are covered with stone and volcanic
remains, where rain never falls except during the spring ; and even 011 the coast no
rain falls from April to October, and for the remainder of the year there is nothing
but rain. Why, sir, of what use will this be for agricultural purposes? I would
not for that purpose give a pinch of snufF for the whole territory. I wish to God
we did not own it. I wish it was an impassable barrier to secure us from the in-
trusion of others. This is the character of the country. Who are we going to
send there? Do you think your honest farmers iti Pemisylvania, New York, or
even in Ohio and Missouri, will abandon their farms to go upon an>' such enter-
prise as this? God forbid ! I f any man is to go to that country under the temptation
of this bill.

He further said that if he had a .son who was a fit subject for Bot-
any Bay, he would urge him to go. He also said that " Great Britain
would resist our encroachment with war." Still this country was
worth nothing, this is strange, but a:i consistent an argument as would
be expected from those who knew nothing about the matter, and were

1) •

252

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1846

determined, and did do all in their power to give the country over to
British power. To the southern senators Mr. Linn replied, that it was
strange that England insisted on claiming and holding the country if
it was not worth anything, and stated that the country was valuable,
and "she knew well its soil, climace, and physical resources, and per-
fectly comprehends its commercial and geographical importance. And
knowing all this, she is ready to sink all sense of justice, stifle all re-
spect for our clear title, so as to secure the strong, even where most
wrongful title of possession."

One of the reasons urged by Mr. Calhoun, was that the great ex-
pense that must be incurred and the distance from civilization, and
urged that time might be taken to find out more about the countr}'.
After several days debate, the bill passed, yeas, 24 ; nays, 22.

" The bill went to the House, where it remained unacted upon during the ses-
sion ; but the effect intended bv it was fully produced. The vote of the Senate
was sufficient encouragemeut to the enterprising people of the West. Emigration
increased. An American settlement grew up at the mouth of the Columbia. Cou-
veutional agreements among themselves answered the purpo.-e of laws." Mr.
Benton further says : " The great event of carrying the Anglo-Saxon race to the
shores of the Pacific ocean, and planting the race firmly on that sea, took place at
this time, beginning in 1S42, and larj^ely increasing in 1843. It was not an act of
the Government, leading the people and protecting them ; but like all other great
emigrations and settlements of that race on our continent, it was the act of the
people, going forward without Government aid or countenance, establishing their
possession, and compelling the Government to follow with its shield and spread
it over them. "^

The Democratic National Convention in 1844, incorporated in its
platform the cry of "54-40, or fight!" for political effect, and nineteen-
twentieths of the people really ihottght that that party wottld insist on
the just claims of the United States line of pos.session on the Pacific
northwest coast ; and when President Polk after his election on that
is.-iue, finally accepted the line of 49° north latitude, a great howl was
raised all over the land, even someof the leading Senators joining in the
chorus. Senator Benton who probably was the best posted man in the
United States on that subject, gives the following history of our claim
and thows a clearer light than anyone on the subject. The following is
quoted from his great speech on the organization of the Territorial (xov-
ernment of Oregon, as written in his Tliirty Years View :

" It has been assumed for two years, and the assumption has been made the
cause of all the Oregon excitement of the country, that we have a dividing line
with Russia, made so by the convention of 1S24, along the parallel of 54° 40', from
the sea to the Rocky mountains up to which our title is good. This is a great mis-

I Itentoti's Thirty Years View, Vol. 2, p. 468.

r/uifi&tt4

'M/tj'mri:'"X"m'y^:^Mi!'

1846

PROVISIONAL GOVERNMENT.

253-

take. No such line was ever established ; and so far as proposed and discussed, it
was proposed and discussed as a nortliern British, and not as a northern American
line. The public treaties will prove there is no such line ; documents will prove
that, so far as 54° 40', from the sea to the mountains, was ever proposed as a north-
ern boundary for any Power, it was proposed by us for the British, and not for
oui selves. To make myself intelligible in what I shall say on this point, it is nec-
essarj' to go back to the epoch of the Russian convention of 1824, and to call to re-
collection the circumstances out of which that convention grew. The circum-
stances were these : In the year 182 1, the Emperor Alexander, acting upon a
leading idea of Russian policy ( in relation to the north Pacific ocean ) from the
time of Peter the Great, undertook to treat that ocean as a closed sea, and to exer-
cise nmnicipal authority over a great extent of its shores and waters. In Septem-
ber of that year, the Emperor issued a decree, bottomed upon this pretension, as-
suming exclusive .sovereignty and jurisdiction over both shores of the north P.'icific
ocean, and over the high seas, to the extent of one hundred Italian miles, from
Behring's Straits down to latitude fifty-one, on the American coast, and to forty-
five on the Asiatic ; and denouncing the penalties of confiscation upon all ships of
whatsoever nation, that should approach the coasts within the interdicted distances.
This was a very startling decree. Coming from a feeble nation, it would have
been smiled at ; coming from Russia, it gave uneasiness to all nations.

Great Britain and the United States, as having the largest commerce in the
north Pacific ocean, and as having large territorial claims on the northwest coast
of America., were the first to take alarm, and to send remonstrances to St. Petersburg
against the formidable ukase. They found themselves suddenly thrown together,
and standing side by side in this new and portentous contesi with Russia. They
remonstrated in concert, and here the wise and pacific conduct of the Emperor
Alexander displayed itself in the most prompt and honorable manner. He imme-
diately suspended the ukase (which, in fact, had remained without execution)
and invited the United States and Great Britain to unite with Russia in a conven-
tion to settle amicably, and in a spirit of mutual convenience, all tbc questions
between them, and especially their respective territorial claims on the northwest
coast of America. This magnanimous proposition was immediately met b) the
Powers in a corresponding spirit ; and, the ukase being voluntarily relinquished
by the Emperor, a convention was quickly signed by Russia with each Power,
settling, so far as Russia was concerned, with each, all their territorial claims
in northwest America.

The Emperor Alexander proposed that it should be a joint convention of the
three Powers — a tripartite convention — settling the claims of each and all at the
same time; and if tlriK wise suggestion had been followed, all of the subsequent
and all of the present difficulties between the Unite 1 States and Great Britain,
with respect to this territory, would have been entirely avoided. But it was not to
follow ; an act of our own prevented it. .After Great Britain had comsented, tla'e
non-colonization principli', the principle of non-oolumization in America by any
European Power — was promalgated by our GovermHent, and for that reason Great
Britain chose to treat separately with each Power, and se it was doans.

Great Britain and the United States treated sic^ratei'? with Itawin . and with
each other : and em-h came to airreements with Raaisia, liantiEi immk ■iiiniig them-
selves. The agreements with Russia were cQEOfeBBed in *j«b> Gawsentions signed
nearly at tae same time, and nearly in the sasR; wot;^ IttEdarag the tenitoriail
claim of Russia to 54° 40', comining her tu caaos atul i^jotds, aoAka^ng tbc coa-

»,

§■]

254

brown's political history.

1846

tiuent out to the Rocky mci'iitains, to iie dividefl V)ctwen the United vStates and
Great Britain, by an agreement I^et'vien themselves.

The Emperor finished up his own business and quit t'le concern. In fact, ii
would seem, from the promptitude, moderation, and firmness with which he ad-
justed all differences both with the United States and Great Britain, that his only
object in issuing the alarming ukase of 182 1, was to bring those Powers to a set-
tlement ; acting upon the homely, but wide maxim, "that short settlements make
long friends "

Well, there is no such line as 54° 40'; and that would seem to be enough to
quiet the excitement which has been got up about it. I set out with saying that
although this fifty-four-forty was never established as a northern boundary for the
United Slates, yet it was proposed to establish as a northern boundary, not for us,
but for Great Britain — and that proposal was made to Great Britain by ourselves.
This must sound like a strange statement in the ears of the fifty-four-forties ; but it
is no more strange than true ; and after stating these facts, I mean to prove them.
The plan of the United States at that time was this : That the three Powers ^Great
Britain, Russia and the United States) having claims on the northwest coast of
America, should divide the country between them, each taking a third. In this
plan of partition, each was to receive a share of the continent from the .sea to the
Rocky mountains, Russia taking the northern slice, the United States the southern
aud Great Britain the center, with fifty-four-forty for her northern boundary and
tij/ty-nine for her southern, ■;*■**

Russia had no settlements on that part of the continent, and rejected the con-
tinental share which we offered her. She limited herself to the coasts and islands
where she had settlements, and left Great Britain and the United States to share
the continent between theniNt'lves. But before this was known, we had proposed
to her fifty-four-forty for the Russian southern boundary, and to Great Britain the
same for her northern \ jundary We proposed this to Great Britain. She refused
it, saying she would establish her northern boundary with Russia, who was on her
north, and not with the United States who was on her south. This seemed reason-
able ; and the United States then, and not until then, relinquished the business of
pressing fifty-four-forty upon Great Britain for her northern boundary. The proof
of this is in the executive documents. * * * British statesmen, do
not grow so fast as to leave all knowledge behind them. They remember Mr.
Monroe and his cal)inet — the President and cabinet who acquired the Spanish title
under w hich we now propose to squeeze them out of the continent, actually offered
them six degrees of latitude in that very place ; and they will certainly want reasons
for so much compression now, when we offered them so much expansion then.
These reasons cannot be given. There is no boundary at 54° 40' ; and so far as we
proposed to make it one, it was for the British and not for ourselves ; and so ends
this redoubtable line, up to which all true patriots were to march.

I come to the line of Utrecht, the existence of which is denied upon this floor
by Senators whose fate it seems to be to assert the existence of a line that is not,
and to denv the existence of one that is. A clerk in the Department of .State has
compiled a volume of voyages and of treaties, and, undertaking to set the world
right, has denied that commissioners pver met under the treaty of Utrecht, and
tixed boundaries between the British northern and French Canadian possessions in
North .\Dierica. That denial has been pmduced and accredited on this floor by a
Senator in his place , Mr. Cass 1 ; and tins production of a blundering book, with
this vScnatonal endorsement ■-•f Us blunder; lays me under the necessity of correct
ingathird error which the " fifty-four-forties " hug to their bosom, and the correction

■imp

1846

PROVISIONAL GOVERNMENT.

255

of which becomes necessary for the vindication of history, the cstablishnicnl of a
political ri<;ht, and the pi-otectiou of the Senate from the suspicion o' iyjnora'ice.
I affirm that the line was established ; that the conunissiouers met and did their
work ; and what they did has been acquiesced in by all the Powers iiilLTcsted from
the year 1713 down to the present time.

lu the year 1S05, bein^ the second year after the acquisition of Louisiana,
President Jefferson sent ministers to Madrid (Messrs. Monroe and Charles Piiuk-
neyl, to adjust the southern and southwestern boundaries with her, and in doing
so, the principles which had governed the settlement of the northern boundary of
t}ie same province became a proper illustration of their ideas. Tliey quoted these
principles and gave the line of I'tre.ii as the example; and this to Don Pedro
Cevallos, one of the most accomplished statesmen of Europe. They say : " It is
believed that this principle has been admitted and acted on invariably since the
discovers- of America, in respect to their possessions there, by all European powers.
It is particularly illustrated by the stipulations of their most important treaties
concerning those possessions and the practice under them, viz.: The treaty of
Utrecht in 1713, and that of Paris in 1763. In conformity with the tenth article of
the first-mentioned treaty, the boundary between Canada and Louisiana on the one
side and the Hudson's Bay and Northwest Company on the other, was established
by commissioners, by a line to commence at a cape orj romontory on the ocean, in
58° 31' north latitude, to run thence, southwesterly, to latitude 49° north from the
equator, and along that line indefinitely westward. Since that time no attempt
has been made to extend the limits of Louisiana or Canada to the north of it, by
purchase, conquest or grant from the Indians." This is what the Messrs. Monroe
and Pinckuey said to Don Pedro Cevallos — a minister who must be supposed to
be as well acquainted with the treaties which settled the boundaries of the late
Spanish provinces of Louisiana as we are with the boundaries of the United States.
The line of Utrecht, and in the very words which carry it from the Lake of the
Woods to the Pacific ocean, and which confine the British to the north, and the
French and Spanish to the south cf that line, are quoted to Mr. Cevallos as a fact
which he and all the world knew. He received it as such, and thus Spanish
authority comes in aid of British, French and American, to vindicate our rights
and the truth of history. Another contribution which I have is an extract from
the journal of the British House of Commons, March 5, 1714, " directing a writ to
be issued for electing a Burgess in the place of Fredrick Heme, Esq., who, since
his election, hath accepted," as the journal says, 'the office of one of His Majesty's
commissioners for treating with commissioners on the part of France for settling
the trade between Great Britain and France." The entry occurs at the same time
with respect to James Murray, Esq., and Sir Joseph Martyn. The tenth article of
the treaty of Utrecht applies to limits in Xorlh America, the eleventh and fifteenth
to commerce. Here is proof that three were appointed.

One more piece of testimony and I have done. We all know that in one of
the debates which took place in the British House of Commons on the Ashburton
treaty, and after that treaty was ratified and past recall, mention was made of a
certain map called the King's map, which had belonged to the late King (George
IIP and hung in his library daring his lifetime, and afterwards in the I'oreign
office, from which said otSce said map silently disappeared about the time of the
Ashburton treaty, and which was certainly not before our Senate at the time of the
ratification of that treaty. Well, the member who mentioned it in Parliament said
there was a strung red line upon it about the tenth of an inch wide, running all along
where the Americans said the true boundary was, with these words written along it in

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four places in King George's hand writing: "This is Oswald's line," meaning,
it is the line of the treaty of peace negotiated by Mr. Oswald on the Britisli side,
and tlierefore called Oswald's line.

Now, what I have to say, is this, that whenever this royal map shall emerge
from its retreat and resume its place in the Foreign office, on it will be found an-
other strong red line, about the tenth of an inch wide, in another place, with these
words written on it : "Boundaiies between the British and French possessions in
America as 7?.t'«/ d'j' i/ie treaty of Utrecht.^' To complete this last and crowning
piece of testimony, I have to add that the evidence is in the Department of State,
as is nearly the whole oi pie-poudre insurrection — "■this puddle-lane rebellion'''' —
against the truth and majesty of history, which, beghining with a clerk in the De-
partment of vState, spread to all the organs, big and little, then reached the Senate
of the United States, held divided empire in this chamber for four months, and
now dies the death of the ridiculous. 1 * * * Well let us proceed a little
further with the documents of 1823, and see what the men of that day — President
Monroe and his cabinet — the men who made the treaty with vSpain, by which we
became the masters of this large domain ; let us proceed a little further, and see
what they thought of the title up to lifty-four-forty. I read from the same docu-
ment of 1823: Mr, Adams to Mr. Middleton, July 22, 1823 — "The right of the
United States from the forty-second to the forty-ninth parallel of latitude on the
Pacific ocean, we consider as unquestionable, being founded, first, on the acquisi-
tion by the treaty of February 22, 1819, of all the rights of Spain ; second, by the
discovery of the Columbia river — first from the sea at its mouth, and then by land
by Lewis and Clarke ; and third, by the settlement at its mouth in 181 1. This
territory is to the United States of an importance which no possession in North
America can be of to any European nation, not only as it is, but the continuity of
their possessions from the Atlantic to the Pacific oceans, but as it offers their in-
habitants the means of establishing hereafter water communication from one to
the other. From 42° to 49° is here laid down by Mr. Monroe and his cabinet as
the extent of our unquestioned title, and on these boundaries they were ready to
settle the question. * * Six times Mr. Monroe and his cabinet re-

nounced Frazer river and its valley, and left it to the British. They did so on
the intelligent principle that the British had discovered it, and settled it, and were
in actual possession of it when we got the Spanish claim, which claim Spain
never made. Upon this principle New Caledonia was left to the Brithish in 1823.
* * * INIr. Gallatin and Mr. Ru.sh offered the same line as being a con-
tinuation of the line of Utrecht (describing it by that name in their dispatch of
October 20, 1818), and so covering the valley of the Columbia river, to which they
alleged our title to be indisputable. Mr. Jefferson had offered the same line in
1807. All these offers leave Frazer's river and its valley to the Britisli, because
they discovered and settled it, and all these offers hold on to the Columbia river and
valley because we discovered and settled it, and all these offers let the principle of
contiguity or continuity work equally on the British as on the .American side of the
line of Utrecht. For my part, I thought they were right then, and think so now. I
was Senator then , as I am now. I thought with them that New Caledonia belonged
to the British, and thinking so still, and acting upon the first half of the great
maxim — ask nothing but what is right — I shall not ask them for it, much less
fight them for it now.

I since the delivery of this sppech a copy of a paragraph of a dispatch fruiii Mr.'Kdward Ev-
erett, United states minister in London, dated Marcl 31st, 1S43, has been obtained, givinjj an ac-
count of this map, as shown to him by I^ord Aberdeen, containing the two red lines upon it, one of
o\ir northeast boundary, called "Oswald's line," the other for the northwest, called the line of the
"treaty of Utrecht."

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PROVISIONAL (;«)Vi-;rnmknt.

257

great
:h less

ADVIClC 01' TIIIv SlvXATK .\SKI':i)— TRi;.\TV MADH AND RATIKIE!^.

TIk' pressure l)ecame so great upon I'rcsiflenl Polk, unci Congress
after the eleetion ])ecause of one of the planks in the Democratic plal-
fonn, of " 54-40 or fight," and the heavy iminigration to Oregon, that
it became al);H)lntely necx'ssary that notice should be given to (ireat
Ih-itain of the desire on the part ol' the United States to obtain an ab-
rogation of the articles of the convention of iSlS and 1S27.

A resolution lor that purpose was introduced in the House, and
after being debated for several days passed by ;i vote of 154 to 54, and
was sent to the vSeuate where an amendment was offered bj- Senator
Reverdy Johnson which went " to show that amicable settlement of the
title by negotiation was the object in view, and intended to be promo-
ted by a separation of interests between the parties." This passed by
a vote of 40 to 14, and returned to the I Icnise where it passed as amend-
ed by an increased majoritj*.

Mr. Benton says his Thirty Years View, volume 2, page 674,
" the President acted at once upon the discretion which was given him
— caused the notice for the abrogation of the joint occupancy article to
be immediately given to the British Government^ — and urged Congress
to the adoption of the measures which were necessary for the protec-
tion of the American citizens who had gone to the territorj'. The
news of the broken off negotiations was received with regret in Great
Britain. vSir Robert Peel, with the frankness and integrity which con-
stiute the patriotic statesman, openly expressed his regret in Parliament
that the offer of 49°, when made by tlie American Government had not
been accepted by the British Government, and it was evident that ne-
gotiations would be renewed. So they were, and in a waj^ to induce a
specd\' conclusion of the question — being no less than a fair and open
oi'fer on the side of the British to accept the line we had offered."

Mr. Pakenham, the British Minister offered the line of 49° of north
latitude, and it was not a case of delay. It must be accepted or reject-
ed immediately ; but it placed President Polk and his administration
in a quandary, as he had been elected on the "54-40" issue, although
he and his Secretary of State, James Buchanan, well knew that the 49
line was the oid}' one that could possibly be obtained by our Govern-
ment.

The President took advice of vSenator Benton, who advised him to
treat on the 49 line and he would obtain the co-operation of the Whig
Senatoi's, who, with the conservative Democratic mend)ers, would in-
sure the requisite two-thirds majority. This was assured, and the

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brown's political history,

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President then (luterniined to throw all the responsil)ility on the Senate
and sent the project of the treat}' and asked their ad\'ice which he de-
sired.

But the President, to show consistency to the Baltimore convention
while throwint; the responsibility on the Senate, further said : " My
opinions and my action on the Orep;on ((uestion was fully made known
to Congress iii my aninnl message of the second of December last ; and
the opinions therein expressed remaiti unchanged."

It will be seen that the Kxecutive had thrown the whole responsi-
bility on the vSenate, and he well knew that over two-thirds ( as the
fact had been ascertained before} the Senate were in favor of settling
the question on the 49th degree of north latitude.

There was a bitter struggle by the friends of his cabinet and the
fifty-four-fortyites against the President, and all the dilatory tactics that
possibly could be conceived were made, as the proceedings show, to de-
feat the application of ad\-ice so as to throw it back upon him, where
the responsibility they claimed rightfully belonged, but the Senate ac-
cepted the responsibility ])y a vote of 38 to 12.

The following is the President's message and Senate proceedings :

IN SENATE OF THE UNITED STATES.

Executive proceedings, correspondence and documents, relating; to Oregon, from

which the injunction of secrecy has been removed.

Wednksdav, Junk 10, 1846.

The following message was received from tl'e President of the United States,
by Mr. Walker, his secretary :
To the Senate of the United States :

I lay before the .Senate a proposal, in the form of a convention, presented to the
Secretary of State on the sixth instant, by the Envoy Extraordinary and Minister
Plenipotentiary of Her Britannic Majesty, for the adjustment of the Oregon ques-
tion, together with a protocol of this proceeding. I submit this proposal to the
consideration of the Senate, and request their advice as to action which, in their
judgment, it may be proper to take in reference to it.

In the early periods of the Goverinncul, the opinion and advice of the Senate
were often taken in advance upon important questions of our foreign policy. Gen-
eral Washington repeatedly consulted the Senate, and asked their previous advice
upon pending negotiations with foreign Powers; and the .Senate in every instance
responded to his call by giving their advice, to which he always conformed his
action. This practice, though rarclv resorted to in latter times, was, in my judj?-
ment, eminently wise, and may, on occasions of great importance, be properly re-
vived. The Senate are a branch of the treaty-making power ; and, by consulting
them in advance of his own action upon important measures of foreign policy
which may ultimately come before them for their consideration, the President sc-

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1846

PROVISIONAL GOVERNMENT.

259

cures harmony of action between that l)0(ly and himself. The Senate are, more-
over, a branch of the war nuikin;.^ power, ami it may be eniinenlly i)r<>pcr for the
Executive to take the opinion and advice of that body in advance upon any j^rcat
(juestion which may involve in its decision the issue of peace or war. On the
present occasion the maj^Miitude of the subject would induce me, under any circum-
stances, to desire the previous advice of the Senate ; and that desire is increased by
the recent debates and procecdinj^s in Coni^ress, which render it, in my judgment,
not only respectful to the .Senate, but necessary and proper, if not indispen.sable,
to insure harmonious action between that body and ihc Iv.'cecutivc. In confcrrinjj;
on the Kxecutive the authority to give the notice for the abrogation ( f ilie conven-
tion of 1827, the Senate acted publicly so large a part, that a decision on the pro-
posal now made by the Hritish (lovernment, without a definite knowledge of the
views of that body in reference to it, might rciulcr tlu- (jueslion still more cotnpli-
catcd and difficult of adjustment. I'or these reasons I invite the consideration of
the Senate to the proposal of the Hritish (jovernment for the .settlement of the Ore-
gon question, and ask their advice on the svbject.

My opinion and my action on the Oregon question was fully made known to
Congress in my annual message of the second of December last ; and the opinions
therein expressed remain unchanged.

.Should the Senate, by the constitutional majority required for the ratification
of treaties, advise the acceptance of this proposition, or advise it with such modifi-
cations as they may, upon full deliberation, deem proper, I shall conform my ac-
tion to their advice. .Should the Senate, however, decline by such constitutional
majority to give such advice, or to express an opinion on the subject, I shall con-
sider it my duty to reject the offer.

I also communicate herewith an extract from a dispatch of the Secretary of
State to the Minister of the United States at London, under date of the 28th of
April last, directing him, in accordance with the joint resolution of Congress "con-
cerning the Oregon Territory," to deliver the notice to the British Government
for the abrogation of the convention of the 6th of August, 1827 ; and also a copy of
the notice transmitted to him for that purpose, together with extracts from a dis-
patch of that Minister to the Secretary of State, bearing date on the r8th day of
May last. JAMES K. I'OI.K.

Washington, June 10, 1846,

Message was read. On motion by Mr. Allen, that the message and documents
communicated therewith be referred to the Committee on Foreign Relation.s, and
printed in confide iice for the u.se of the .Senate.

.A division o' the question was called for by Mr. McDuffie and on the question,
" that the message and documents communicated therewith be referred to the Com-
mittee on Foreign Relations." It was determined in the negative, yeas, 9 ; nays,

36.

Thi'r.sdav, Junk i i , 1846. — On motion by ?^Ir. Mangum, the Senate proceeded
to consider the message of the President of the United .States of the loth instant,
communicating a proposal for the adjustment of the Oregon question ; and after
debate, Mr. Haywood submitted the following resolution for consideration :

7?«o/:'^</ (two-thirds of the .Senators concurring), That the President of the
United States be, and he is hereby, advised to accept the proposal of the British
Government, accompanying his message to the Senate dated June 10, 1846, for a
convention to settle boundaries, iS:c., between the United States and Great Britain
west of the Rocky or Stony mountains.

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The Senate by unanimous consent proceeded to consider the said resolution .

On motion by Mr. N'iles, that it he amended by adding thereto the followin;^:
With the followin)^ proviso at tlie end of the second article of the proposeil con-
vention, to-wit: Provided, That the rights of navigation secured to British sub-
jects by this articU- be limited to the year A. I). iS^g, when they shall ce: se and
determine

I'ridav, JiNi'; 12. 1.S4). — The Senate proceeded to consider the resolution
submitted by Mr.- Haywood on the nth Instant, together with the amendment
proposed thereto by Mr. Niles ; and after debate, Mr. Niles, by unanimous con-
sent, modified his propo.sed amendment to read as follows :

With the following proviso at the end of the .second article of the propo.sed
convention, to-wit : Provided. That the right of navigating the Columbia river,
secured to the Hudson's I?ay Company, and to all British su!)jects trading with the
same, be limited to the year A. D, 1863, when it shall cease and determine.

On the (juestitiu to agree thereto, it was iletermined in the negative — yeas, 10;
nays, 31.

On the question to agree to the resolution, it was determined in the affirmative
— yeas, 3H ; nays, 31. vSo it was

Resolved 1 two-thirds of the Senators present concurring), That the I'resident
of the United vStates be, and he is liereby. advised to accept the proposal of the
British Govennnent, accompanying his message to the vSenate, dated June 10,
[S40, for a convention to .settle boundaries, ii.c., between the I'nited States and
dreat Britain west of the Rockj- or Stony mountains.

Ordered, That the secretary lay the said resolution before the President of
the I'nited .States.

TuKSD.w, Ji'Ni-; 16, 18.46. — The following message was received from the Presi-
dent of the United States by Mr. Walker, his .secretary ;

To (he Senate of the Ibiited States : In accordance with the resolution of the
Senate of the 12th instant, that "the President of the United States be, and he is
hereby, advised to accept the proposal of the British Government, accompanying
his message to the Senate, dated June 10, 1846. for a convention to settle bound-
aries, ^c, between the I'nited States and Great Britain west of the Rocky or
Stony mountains," a convention was concUided and signed on the 15th instant,
by the Secretary of State on the part of the United States, and the Envoy Ex-
traordinary and Minister Plenipotentiary of Her Britannic Majesty on the part of
(ireat Britain.

This convention I now lay before the Senate for their con.sidcration, with a
view to its ratification. JAME.S K. POI.K.

W.\sniNC.ToN, June 16, 1846.

Mr. Hannegan submitte-d the following resolution for consideration :
Resolved, That the President be requested to communicate to the Senate a
copy of all the correspondence which has taken place between this Government
and that of Great Britain relative to the Oregon treaty, together with the ilis-
patches and instructions forwarded to our minister, Mr. McLane ; and a full and
complete copy of his dispatches and communications to this Government on the
same subject.

WkdnKsd.w, Jink 17, 1846. — The Senate proceeded to consider the resolu-
tion submitted by Mr. Hannegan on the 16th instant, A'hich was modified and
agreed to, as follows :

1846

PROVISIONAL GOVERNMKNT

261

Resolved, That the President be requested to communicate to the vSenate a
copy of all the correspondence which has taken place between this (iovernnient
and that of Great Britain relative to the Oregon treaty, together with the dis-
patches and instructions to our minister, Mr. McLane ; and a full and ccmplete
copy of his dispatches and coinnuinications to this CTOvernment on the same sub-
ject, not heretofore communicated to the Senate.

Mr. Atchison submitted the following resolution for consideration :

Resolved, That the President lie requested to furnish the Senate with all the
information in his possession in relation to the kind and extent of claims to farms
and lands of the Puget's Sound Agricidtural Company, in the territory of Oregon.

TiiiRSiJAV, Ji'NK iS, 1H46. — The vSenate proceeded to consider the resolution
submitted by Mr. Atchison the 17th instant, which was modified by adding thereto
the following words :

"And that he be requested to communicate to the Senate a copy of the act
incorporat' g the Puget's Sound Agricultural Company, or of the original instru-
ment constituting that company."

On motion by Mr. .^llen, to amend the said resolution, so modified, by add-
ing thereto the following :

"And that the President be requested to lay before the .Senate any informa-
tion in his possession relati%'e to the kind, character, number, and extent of the
possessory rights of the Hudson's Bay Company, and of all Hritish subjects who
may be already in the occupation of land or other property in the Oregon territory
south of the forty-ninth parallel of north latitude ; also, the number of such Brit-
ish subjects, including the members, agents and servants of said company ; also,
the location, number and extent of the forts, stations and settlements of said
company south of said parallel ; also, the means of attack and defense in the pos-
session of said company within said limits.

.\fter debate, it was determined in the afl'irmative — yeas, 36; nays, 15.

The resolution, as amended, was then agreed to as follows :

Resolied^ That the President be requested to fumi.sh the Senate with all the
information in his possession in relation to the kind ami extent of claims to farms
and lands of the Puget's Sound .Agricultural Compaiiy in the territory of Oregon;
and that he be retjuested to communicate to the Senate a copy of the act incor-
poratiu't tin- Puget's .Somul -Vgrieultural Comjiany, or of the original instrument
constituting tliat (.■oni])any ; and that the President be requested to lay before
the Senate any information in his possession relative to the kind, character num-
ber and extent of the possessory rights of the Hudson's Hay Comj)any, and of all
Hritish subjects who may be already in the t)ccupation of land or other property
in the Oregon territory ."^outh of the forty-ninth parallel of north latitude; also,
the number of such Hritish subjects, including the members, agents and servants
of sai<l company; .also, tlw location, tunubfr and extent of the forts, stations and
settlements of said company south of said parallel ; also, the meansof attack and
defense in the possession of s aid comi)any within said limits.

Ordered, That the Secretary lay the said resolution before the President of
the I'nitetl States.

The Semite proceeded, as in committee of the whole, to consider the treaty
between the l'nite<l States of .\merica and Her Majesty the Queen of the United
Kingdom of Oreat Britain and Ireland, concluded at Washington the 15th day of
June, 1H46 ; and no amendment being made thereto, it was reported to the Senate.

Mr. McDulTie sidunitted the following resolution for consideration :

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1846

/Resolved (two-thirds of the Senators present corcun-ing). That the Senate
advise and consent to the ratification of the treaty between the United .States of
America and Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, concluded at Washington the 15th day of June, 1846.

The vSenate, by unanimous consent, proceeded to consider the said resolution.

On motion by Mr. Hannegan, to amend the said resolution i)y striking out all
after the word '^Resolved,"' and inserting the following in lieu thereof:

"That the Prtsident of the United States be, and he is hereby, advised by the
Senate to offer to the Government of Great Hritain as a just, fair and eciuitable
compromise of the conflictiug claitns of the two Governments connected with the
country lying along between the Rocky inountjiins and the Pacific ocean, extend-
ing from the parallel of forty two degrees to fifty-four degrees and forty minutes
north latitude, and including the islands embraced within said parallels of lati-
tude adjacent to the coast, the following, as the fundamental provisions for a
treaty between the two governments :

'"First — Tl'.e Government of Great Hritain shall acknowledge the right of
soil and the sovereignty to exist and be with the United States to the whole terri-
tory above described, and shall abandon to the United .States all claim which
shall in any manner conflict with the paramount jurisdiction of the United States
therein.

Second — The United .States shall guarantee to the Hudson's Ikiy Company for
twenty years from the date of such treaty the most perfect security in all their
posses.sions, and the right to pursue their business of hunting and trapping, with
all the imnmnities which pertain thereto, and to trade during that period with the
natives, and the use during that time of the ports, rivers and harl)ors within said
territory, without charge or hindrance,

" Third — Within twelve months from the date of said treaty, commissioners
shall be selected, by a'lid on behalf of the respective Governments, whose duty it
shall be to assess at just and liberal prices the value of the property of the Hud-
son's Bay Company within said territory, which amount, when a.scertained, shall
be paid by the United States to said company in such manner .-uid at such time
as shall be agreed upon between the United .States and Great Britain."

It was determined in the negative — yeas, 5 ; nays, 42.

On the (juestion to agree to the resolution, it was determined in the affirmative
— yeas, 41 ; nays, 14. So it was

Resolved, (two-thirds of the .Senators present concurring), That the Senate
advise and consent to the ratification of the treaty between the United .States of
America and Her majesty the Queen of the United Kingdom of Great Hritain and
Ireland, concluded at Washington the 15th day of June,.iS46.

Ordered, That the secretary lay the said resolution l)eforethe President of the
United .States.

TiiTRSDAV, JiLV 16, 1S46. — Mr. Hannegan submitted the following resolution
for consideration :

Resolved, That the President be requested to inform the Senate if it is his in-
tention .. comply with two resolutions of the Senate, pa.ssed on the i7tli ultimo,
in relation to the correspondence attending the Oregon treaty, and the origin of
the Puget's .Sound -Agricultural Company, with the nature and extent of the com-
pany's claims and pos.sessions in Oregon.

Ti;k.sI)AV, Jrr<v 21, 18.^6. — The following message was received from the
President of the United States by Mr. Walker, his secretary.

1846

PROVISIONAL GOVKKNMKNT.

;63

To the Senate of the (Iniled States: I herewith transmit, in compliance with
the request of the Senate in their resolution of the 17th of June, 1S6, a report of
the Secretary of State, together with a copy of all " the dispatches and instruc-
tions relative to the Oregon treaty, forwarded to our minister, Mr. McT.ane, not
heretofore connnunicated to the Senate," including a statement of the proposi-
tions for the adjustment of the Oregon question previously made and rejected bj*
the respective Governments. This statement was furnished to Mr. McLane before
his departure from the country, and is dated on the I2th of July, 1845, the daj on
which the note was addressed by the Secretary of State to Mr. Pakenham, offer-
ing to settle the controversy by the forty-ninth parallel of latitude, which was re-
jected by that minister on the 29th of July following.

The Senate will perceive that extracts from but two of I^Ir. McLane's "dis-
patches and communications to this Cjoverjiment" are transmitted; and these
onlj- because they were necessary to explain the answers given to them by the
Secretary of State.

These dispatches are both numerous and voluminous, and, from their confi-
dential character, their publication, it is believed, would be highly prejudicial to
the public interests.

Public considerations alone have induced me to withhold the dispatches of
Mr. ]McI<ane addressed to the Secretary of vState. I concur with the Secretary of
State in the views presented in his report, herewith transmitted, against the pub-
lication of these dispatches.

Mr. McLane has performed his whole duty to his countr\ , and I am not only
willing, but anxious, that every Senator who may desire it shall have an oppor-
tunity of peru.sing these dispatches at the Department of State. Tlie Secretary of
State has been instructed to afford every facility for thispurpo.se.

W.\SHiNGTON, July 21, 1S46. JAMKS K. POLK.

To the Senate of the United States: I communicate herewith a report from
tlie Secretary of State, in answer to the resolution of the Senate of the iXth of
June, 1846, calling for certain information in relation to the Oregon territory.

Washington, July 21, 1846. JAMKS K. POLK.

^i ii

PROTOCOL.

A conference was held at the Department of State, on the 6lh of June, i«46, be-
tween the honorable James lUichanan, Secretary of State, the American Plenipo-
tentiary, and the right honorable Richard Pakenham, the British Plenipotentiary,
when the negotiation respei lini^ the Oregon Territory was resumed. The Hritish
Plcnipotcntiarv made a verbal explanation of the moti%es which had induced Her
Majesty's Government to instruct him to make another proposition to the (rovcrn-
ment of the Uniteil Stales for the solution of these long existing difficu'ties. The
Secretary of State expressed his satisfaction with th-' friendly motives which had
animated the British (lovennnenl in this endeavor.

Whereupon the Mrilish PlcnipoleiUiary submitted to the Secret iry of Stale
the draught of a convention ( marked .'V ) setting forth the terms which he had
been instructed to propose to the Government of the United States for the settle-
ment of the Oregon (juestion.

JAMES BUCHANAN.
R. PAKENHAM.

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(A.

-I)RAU(.HT OK CONVENTION.
/'rfa>n/>/i\
Ilor Majesty the Ouciii of the I'liited Kiiij^ihun of Oreat Hritaiii and Ireland,
and the Inited States of Ameriea, deeniiii}; it to he desirable for the future wel-
fare of both eountries that the state of donht and iinecrtainty which has hitherto
prevailed res])ectin,t( the sovereignty and Ciovcrnnient of the territory of the north-
west coast of America 1\ inf^ westward of tlie Rocky or Stony mountains shoidd l>e
finally terminated by an amicable compromise of the rights !nutiial1\ asserted by
the two jjatties over the said territory, have respectively named pleni])t)tcntiaries
to treat and agree concerning the terms of such settlement ; that is to say, Her

Majesty the Ouccn of the I'nited Kingdom of (Ireat Britain and Ireland,

and President of the Inilcd Stales of America, , who, after having com-
municated to each other their res])eclive full powers, found in g -od and due form
have agreed upon and concluded the following articles :

AKTICMv I.
I'Vom the jjoiiit on the lyth ])arallcl of north latitude where the boundary
laid down in existing treaiies aiiil conveiiiions between (rrcat Hritain ami the
United .States terminates, the line of boiunlary between the territories of Her Hri-
trinnic Majesty .md those of the United Slattts shall be continued westward along
th • said 49th i)arallel of north latitude U) the middle of the channel which sepa-
rates the continent from Vancouver's island ; and thence southerly throt'gh the
middle of the said channel and of I'uca's straits to the I'acif\c ocean : Provided,
however, that the navigation of the 'vhole of the said channel and straits south of
th',.' 4ylli parallel of north lalitu<Je remain free and open to both jjartics.

Aktici.i'. II.

I'Voni the jioint at which the jyth. parallel of north latitude shall be fiiund to
intersect tne great northern branch <'f the Columbia river, the navigation of the
said branch shall be free and ojjcu to the Hudson's Bay Comj)any, and to all Brit-
ti--h subjects trading with the same, to the point where the said branch meets the
main stream of the Columbia, and thence down the said main stream to the ocean,
with free access into and through the said river or rivers; it being understool that
a:l tho usual port.«ges along the line thu- described shall in like manner be free
and open. In navi'„'ating the said river or rivers, British subjects, with their goods
and produce, shall be treate<l on the same footing as citizens of tiie United States :
it being, however, always understood that nothing in this article shall be construed
as preventing, or intended to prevent, the (iovcrnmcnt of the United .States from
making regulations respecting the unvigation of the said river or rivers, not incon-
sistent with the present treaty.

Aktici.k III.

In the future ajipropriation of the territory south of the .|y!h parallel of north
latitude, as provided in the first j.rticle of this treaty, the possessory rights of
the Hr.dson's Bay Company and of all British subjects who may be alreadv in the
occupation 01 land or other projierty, lawfidly ac(|uired within the said territory,
shall be rcsi)ectcd.

Ahticlh IV.

The farm-i. l.iiids, and other ])roperty of every description belonging to the
Puget's Sound Agricultural Comp.iny, on the north side of the Columbia river,
shall be confirmed to the said company. In case, however, the situation of these
farms and lands should be considered by the United States to be of i)ublic and
political importance, and the Uuiteil States Oovernmeut should signify a desire to

1846

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obtain ])os9CSSiou of the whole, or of any part thereof, the property so required
shall be transferred to the said Government at a proper valuation, to l)C agreed
upon between the parties.

ARTicr<EV.

The present treatv shall be nitificd by Iler Britannic Majesty and by the I'res-
idontof the Tnited States, l)y and with the advice iid consent of the Senate thereof;

and the ratiticalions shall be cxchanj^ed at London at the expiration of months

from tlic date hereof, or sooner it possible.

In witness whereof, liic respective Plenipotentiaries have signed the same, and

have alfixcd thereto the seal of their arms. Done at Washington, the day

of , in the year of our Lord 1.S46.

Mr. Buchanan to Mr. McLatte. — Extracts.

Departmknt of State,

WasJiingtou, April 2S, /S/6. )

1 herewith transmit a notice for the abrogation of the convention of the 6th
August, 1827, between (ireat Britain and the United States, in accordance with the
terms prescribed in its second article. This paper you will deliver to Her Britan-
nic Majesty in person, or to Her Maiesty's Principal Secretary of State for Foreign
Affairs, after you shall have ascertained which of these uiodes of presenting it will
be most in accordance with Her Majesty's wishes. A duplicate of the same is
transmitted, to be placed on file in the archives of yt-ur legation.

As the abrogation of this convention is an act of an important and solemn
character, the delivery of the notice ou'jLl to be attested with all due formality.
The mode is left entirely to your own discretion ; but I would suggest that it might
be made the subject of a protocol, in triplicate ; one cojiy of which should remain
with the British Government, another with the legat'on in London, and the third
be transmitted to this de])artment.

In the remarks which you may have occasion to make on the deliver}' of the
notice, the language to the preamble to tl:e "joint resolution concerning the Ore-
gon Territory " must necessarily be your guide. * * * Congress have
spoken their will upon the subject, in their joint resolution, and to this it is his
( the President's ) and your duty to conform.

To licr Maji'stv \'icToi<iA, Quern of the Ihiifed Kiugdovi of Great Britain and

Ireland' cS~V., ii~V., &e.

\\ iicrcas the Congress of tlic United vStates have adopted a "joint resolution
cncerning the Oregon Territory," of which the following is a copy :

"JOINT RKSOLUTION concerning the Oregon Territory."
"Whereas bv the convention concludcdthe twentieth day of October, eighteen
hundred and ei>j;hteen, between the United Statcsof .\inerica and Kiu'.; of the United
Kingdom of Great Britain and Ireland, for tl. . period ot ten years, and afterwards
indefinitely extended and continued in force by another convention of the same
parties, concluded the sixth day of Avigust, in the year of our Lord eighteen hun-
dred and twenty-seven, it was {greed that any country that may be claimed by
eitlier partv on the northwest coast of America, westward of the Stony or Rocky
mountains, now commonly called the Oregcju Territory, should, together with its
harbors, bays, and crecki; and the navigation of all rivers within the same, be 'free
and open' to the vessels, citizens, and subjects of the two powers, but without preju-

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dice to any olaiin which either of the parties might liave to any part of the said
country ; and with this further provision, in the second article of the said conven-
tion of the sixth of August, eighteen hundred and twenty -seven, that either party
might abrogate and annul said convention, on giving due notice of twelve months
to the other contracting party.

"And whereas it has now become desirable that the respective claims of the
United States and (ireat Uritain should be definitely settled : and that said Territory
may, no longer than need be, leniain subject to the evil consequence^ of the di-
vided allegiance uf its .\nierican and British population, and of the confusion and
conflict of national jurisdiction, dangerous to the cherished peace and good under
standing of the two countries :

'■ With a view, therefore, that steps be taken for the abrogation of the said
convention of the sixth of August, eighteen hundred and twenty-seven, in the mode
prescribed in its second article, and that the attention of the Governments of both
countries may be the more earnestly directed to the adoption of all proper meas-
ures for a speedy and amicable adjustment of the differences and disputes in regard
to the s.iid Territories :

" Resolved by llic Senate and House of Representatives of the I 'nited States of
Ameriea in Congress assembled. That the Tresidenl of the I'nited Slates be, and
he is hereby authorized, at his discretion, to give to ihe Government of Great
Britain the notice recjuired by Jie second article of the said convention of thesixth
of August, einhtecn hundred and Iweiity-seven, for the abrogation of the same.

".\pprovcd April 27, 1S46."

Now, therefore, after a careful consideration of tlie premises, I, James K.
Polk, President of the United .States, in the exercise of the authority and discre-
tion vested in me by the said "joint resolution concerni ';■■ the Oregon territory,"
and in pursuance of the second article of the conventioi of. the 6th of August,
1827, therein mentioned, do hereby, in behalf of the United States, give notice to
Her Majesty, the (jueen of the United Kingdom of Cireal Britain and Ireland,
that at the end of twelve months from and after the delivery of these presents,
by the P^nvoy Extraordinary and Minister Plenipotentiary of the United States at
Londoii, to Her Britannic Majesty, or to Her Majesty's principal secretary of state
for foreign affairs, the said convention shall be entirely annulled and abrogated.

In testimony whereof, I have caused the seal of the United States to be here-
unto affixed. Given under my hand, at Washington, this twenty-eighth day of
.\pril, A. D. 1846, and of the independence of the said States the seventieth.

[L. S.] JAMKS K. POLK.

By the President :

Jamks BicHAN.\:>, Secretary of Stale.

Mr. McLane to Mr. Huehanan. — Extracts.

London, May 18, 1S46.
I received late in the day, on the fifteenth instant 1 Friday ), your dispatch 11 nm-
Ijer twenty-seven, dated the twenty-eighth of .Vpril, eighteen hundred and forty-
si.x, transmitting a notice for the abrogation of the convention of the sixth of
.\ugust, eighteen hundred and tv/eiity-seven, between the United States and Great
Britain, in accordance with the terms prescribed in the second article, instructing
me to deliver the notice to Her Britannic Majesty in person, or to Her Majesty's
principal secretary of state for foreign affairs, as will be most agreeable to Her

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PROVISIONAL GOVERNMENT.

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Majesty's wishes, and at the same time leaving the mode of the delivery of the
notice entirely at my own discretion.

I will of course execute your instructions at the earliest practicable moment.
As, however, I could only ascertain Her Majesty's wishes, which I am directed to
consult, through the principal secretary of state for foreign affairs, sutTu-icnt time
has not yet been afforded fcr that purpose ; and in the midst of the preparation of
my dispatches for the steamer of to-morrow, and of my engagements at the for-
eign office connected with one of the topics of this letter, it has not been in my
power to give to a subject of so much importance that deliberation which 1 am
sensible a proper exercise of the discretion confided to me requires. To morrow,
however, I propose to seek an interview with Lord .\berdeen for the purpose, and
without loss of time finally to execute your instructions in the mode that may be
deemed most effectual. I may add, that although it is altogether probable that
the presentation of the notice to Her Majesty in person will not be admissible, and
that where a treaty may be animlled upon notice by one party, the mode of deli vering
the notice tieed not be dependent upon the assent of the other ; yet, in the present
instance, I do not apprehend there will be any difficulty in giving and receiving
the notice in a mode mutually satisfactory, and in conformity with usage in such

Cas*r9. * * * * # # * # -K- * * * »

I have now to acquaint you that, after the receipt of your dispatches on the
fifteenth instant, by the Caledonia, I had a lengthened conference with Lord
.\fx:"leen, on which occasion the resumption of the negotiation for an amicable
sett! mentof the Oregon question, and the nature of the proposition he contem-
plated submitting for that purpose, formed the suljject of a full and free conversa-
tion. I have now to state that instructions will be transmitted to Mr. I'akenluim
by the steamer of to-morrow, to submit a new and further proposition on the part
of this Government for a partition of the territory in dispute.

The proposition most probably will offer, substantially,

/•"irsi — To divide the territory by the extension of the line on the parallel of
forty-nine to the sea ; that is to .say, to the arm of the sea called Burch's bay;
thence by the canal De .•\rro and straits of Fuca to the ocean ; and confirming to
the United States what indeed they would possess without any special confirma-
tion — the right freely to use and navigate the strait throughout its extent.

Second — To secure to the British subjects occupying lands, forts and stations
anywhere in the region north of the Columbia, and south of the forty-ninth par-
allel, a perpetual title to all their lands and stations of which they may be in
actual occupation ; liable, however, in all respects, as I understand, to the juris-
diction and .sovereignty of the United States as citizens of the I'nited States.
Similar privileges will be offered to be extended to citizens of the United .States
who may have settlements north of the forty-ninth parallel ; though I presume it
is pretty well imderstood that there are no settlements upon which this nominal
mutuality could operate. I have no means of accurately ascertaining the extent
of the present British settlements between the Columbia and the forty-ninth par-
allel. They are not believed by Lord .\berdeen to be numerous, however; con-
sisting, as he supposes, of a few private farms, and two or three forts and stations.
I have alread}' in a previous dispatch taken the liberty to remind you that, by
their charter, the Hudson's Bay Company are prohibited from ac(iuiring title lo
lands, and that the occupations to be affected by this reservation have been made
either by the scjuatters of that company, or by the Puget's Sound Land Company,
for the purpo.se of evading the prohibition of the Hudson's Bay charter. They
are in point of fact, also, according to Captain Wilke's account, cultivated and

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1846

used cliiclly by the persons employed on the service of the former company, and
as auxihary to their jj;eneral l)usiiiess of hunting and trapping;, rather than with a
view, as it has been generally sui)posed,of colonizing, or of permanent settlement.

I.ostly — The ])ro])osition will demand for the Hudson's l?ay Com])any, the
right of Ireely navigating the Columbia river. 11 will, however, as I understand,
disclaim the i<lea of .sovereignty, or of the right of exercising any jurisdiction or
police, whatever, on the part of this (Government, or of the company, and will
contemplate onl\- the right of navigating the river upon the same footing, and ac-
cording to the same regulations, as may be applicable to the citizens of the I'nited
States. I have already actpuiinted yon that Lord .Mierdeen has positively and ex-
plicitly declined to treat of the navigation of the St. Lasvrence in connection with
that of the Columbia ; and that even if it were desirable to us to propose to offer
one for the other, he would on no account enter into any negotiotion in regard to
the vSt. Lawrence.

* * * I have seen no cause to change the opinion that in any at-
tempt to divide the Oregon territory, the obligation felt by this Government to
protect the rights of their subjects which may have been accjuired or have grown
up during the joint occupation, would most probably interpose thu greatest diifi-
culty in the way of an amicable adjustment. And it is now obvious that the pro-
posed reservation oi the right to the Hudson's Hay Company of freely navigating
the CoUunbia, and that in favor of the British occupants north of the river, pro-
ceed from this source ; although it is probable that more or less pride may be
felt at giving u]) now, without what they may deem an adetjuate equivalent, what
has been hitlu-rto tendered by our negotiators.

In fact, except in the surrender to the United States of the title of the land.s
not occupied by British subjects between the Coluniliia and the forty-ninth par-
allel, and also surrender the jurisdiction over the river and the country within the
same limits, I am afraid it may, with some plausibility, be contended that there
is no material difference between the present proposition and that offered to Mr.
Gallatin by Messrs. Addington ami Huskissou, the British negotiators in 1S27.

It is scarcely necessary for me to state that the proposition, as now sulnuitteil,
has not received my countenance. * "■•■ * I have, therefore felt it my
dnt}- to discourage any expectation that it would be accepted by the President ; or,
if submitted to that body, approved by the St'uate.

I do not thiidc there can be much doubt, however, that an impression lias
been produced here that the Senate would accept the proposition now offered, at
least without any material mo<lification, and that the President would not take
the responsibility of lejecting it without consulting the Senate. If there be .any
reasonable ground to entertain such an impression, bov.cver erroneous, an offer
less objectionable, in the first instance at least, could hardly l)e expected.

It may be considered certain, also, in my oi)inion, that the offer now to be
made is not to be submitted as an ultimatum, ar.d is not intended as such ; though
I have reason to know that Mr. Pakenluun will not be authorized to accept or re-
ject any modification that may be proposed on our part; but that he will, in such
case, be instructed to refer the modificatitni to his Govennnent.

It is not to be disguised that, since the President's annual message, and the
public discussion that has subsecpiently taken place in the Senate, it will be difii-
cult, if not impossible, to conduct the negotiation in its future stages, without
reference to the opinion of the Senators, or free from speculation as to the degree
of control they may exercise over the result. Whatever, therefore, might be pru-

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269

(Ifiit and ri').^ular in tht- (jrdinary i-oiirst- of things, I think it i)f Iht- iittUDst ini-
jxjrtance, upon thu prest-nt occasion, if llu- I're-sidcnt should tliink propi-r to pro-
post- any modification of the otTcr to he inadt- hy Mr. I'akcnhani, that th;- niodifi-
ration should he undt-rstooi! as possessing tlu- concurrence of the co-ordinate
hra:!'-li of the treat)" power.

It is not I'usy to conjectun-, with atiy certainty, the extent to which this ('.(>v-
ernnieiit might be induced to mO(Hfy the proposition, even if they should lie as-
sured that the vSenate, no less than the President, demanded it. It mu.st not
escape observation that, during the ])receding aihninistration of our <iovernment,
the extension of the line on the forty-ninth p;irallel to the strait of I'uca, as now
proposed by Lord Aberdeen, was actually suggested by my immediate ])rcdccessor
as one he thought his Government might accept; and that, in regard to tho.se
Knglish subjects who would be left within American jurisdiction by adopting that
boundary, he considererl the provisions of the second article of Jay's treaty as a
precedent for a convenient mode of dealing with them. By the second article of
Jay's treaty, however, Hritish subjects woulil not only be .secured in the absolute
title to all their lands and effects as fully cs by Lord .\berdeen's proposition, but
would be allowed the option to continue as liri'ish subjects, and without any al-
legiance to the (Government of the United L^tatcs, which, according to Lord Aber-
deen's offer, as I understand it, they would not possess. In point of fact, there-
fore, the substantial points of the present offer, and those which may be expected
to be regarded as most objectionable, are little more than the embodiment of the
various offers or suggestions which, at different times, have, in some form or other,
proceeded from our own negotiators.

I have myself always beheved, if the extension on the line of boundary on
the forty-ninth parallel by the stait of Fuca to the sea would be acceptable to our
Government, that the demand of a right to freely navigate the Columbia river
could be compromised upon a point of time by conceding it for such period as
might be necessary for the trade of the Hudson's Hay Company north or .south of
the forty-ninth parallel. Entertaining great confidence in that opinion, and
deeming it only reasonable, I confess that, from an early period, I have used
every argument and persuasion in my power to reconcile Lord Aberdeen to such a
limitation; and, although I am cjuite aware that, with a portion of the British
public, an importance it by no means deserves is attached to the navigation of
the Columbia river, ami that in others it is undeservedly regarded as a point of
pride, I have been disappointed by the pertinacity with which it has been, at so
nmch risk, insisted upon. I'eeling verj' sure, however, that the present offer is
not made or intended as an ultimatum, I think it only reasonable to infer an ex-
pectation on the part of those who are offering it, not only that modifications may
be suggested, but that they maj' be reasonably required. And therefore I still en-
tertain the opinion, that although, from a variety of causes — in part, perhaps,
from an expectation that in the United States this point may not be absolutely
insisted upon, and in part from deference to interests and impres.sions at home —
they could not be induced in the first instance to make an offer with such a (|uali-
fication ; yet if the adjustment of the question should be found to depend upon
this point only, they would yield the demand to the permanent navigation of the
river, and be content to accept it for su':h a number of years as would afford all
the substantial advantages to those interests they have particularly in view that
could be reasonably desired. If the only question upon which the adjustment of
the Oregon ijuestion depended should be whether the navigation of the Columbia
river should be granted for a period sufficient to subserve all the purposes of the

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British subjects withiu the disputed territory, or whether the rij;ht should he ex-
tended indefinitely to u particular class oT Hritish sid)jects, I must believe that no
Knylish statesman, in the face of his denial of a similar privilege to American
citi/ens in regard to the St. hawrence, would take the hazard u])on this point
alone of disturbing tiie peace of the world. Indeed, if the same ministry fn»m
whom the present offer proceeds should continue nuisters of their own piojuxsition
by remaining in oflice until the (|ualification 1 am adverting to would have to be
dealt with, 1 si "dd feel entire conlidence in the belief I have now expressed.

I regret to say, however, that I have not the least expectation that a less res-
ervation than this proposed in favor of the occupants of land between the Colum-
bia and the forty-ninth parallel would be assented to. I may rejxat my convic-
tion, founded upon all the discussions in which 1 have been engaged here, that,
in making partition of the Oregon territory, the protection of those interests
which have grown up during the joint occupation is regarded as an indispensafde
obligation on the score of honor, and as impossible to be neglected, I am (juite sure
that it was at one time in contemplation to insist upon the free navigation of the
Columbia river for Hritish subjects and Uritish commerce generally, and that it
has been ultimately confined to the Hudson's Hay Company, after great resistance,
and, in the end, most reluctantly. Heing so confined, however, it would be only
reasonable to limit the enjoyment of the right to a period beyond which the com-
pany might have no great ob ?ctto use the river for the pur^ioses of their trade.
But the interests of the Briti .» subjects who have settled upon, and are occupy-
ing lands north of the forty-ninth, are considered as permanent, and entitled,
when passing under a new jurisdiction, to have their possessions secured. This,
at least, is the view taken of the subject by this Government, and not at all likely
in my opinion to be changed.

I may add, too, that I have not the least reason to suppose it would be possible
to obtain the extension of the 49lh parallel to the sea, so as to give the southern
cape of Vancouver's island to the United States.

It may not be amiss, before leaving this subject, to call your attention to the
position of the present ministry. The success of their measures respecting the pro-
posed commercial relaxations is quite certain ; and the corn bill, having now fin-
ally passed the House of Commons, may be expected, at no remote day, to pass
the Lords by a majority no less decisive. I'rom that time, however, the tic which
has hitherto kept the Whig party in support of Sir Robert Peel will be dissolved ;
and the determination of the protectionist party, who suppose themselves to have
been betrayed, to drive him from office, has lost none of its vigor or power. In-
deed, it is confidently reported, in quarters entitled to great respect, that they
have even offered to the leader of the Whig party to select his own time, and that,
when he is ready, they will be no less prepared to force the ministers to resign. I
have reason to know that, at present, ministers themselves believe a change to be
inevitable, and are considering oidy the mode and the time in which it will most
likely happen. It will not be long, after the success of the mea.sures for the repeal
of the "corn laws," before opportunities enough for the accomplishment of the
object will occur. The "factory bill," regulating the hours of labor, will afford
one, and most probably that on which the change will take place. With a Vnowl-
ed{i,e that the change, sooner or later, must be unavoidable, and that the ofTer has
been made to the probable head of a new ministry to select his owJi time, may it
not be expected that, instead of waiting quietly to allow the Whig leader to select
the time of coming in, the present Premier will rather select his own time and
mode of going out, and, with his usual sagacity, so regulate his retirement as to

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leave as few obstacles as possible to his restoration to power ? ItJ that case it is !iot
very unlikely he w»)Ul(l iirefer ^oin^ out upon the " factory bill," bt'Torc taking
ground upon more important measures ; aiitl, if so, it will not siir]iiisf me to wit-
ness the ctimiu)^ in of a new ministry by the end of June, or earlier.

With a knowlejlge of the proposition now to l)eniade, I am not pri])ared tosay
that one more objictionable miji;lil have been apjjrehendcd from a W'Iul; ministry ;
unless, indeed, the present Government may l)e hU])posed to l)e prepared to accept
qualifications, when proposed by the I'resident, wliicli it was unwiiliiijj at first to
offer. Upon that supposition, it mijiht bi- i' rablo that tlie niodifie-alioiis should
be offered before the coming in of a new miui.-.er, wlio, iuidiiij,' only the acts of his
predecessor, without a knowledge of his ii.tentions, might not be so ready to take
the responsibdity of assenting to a rlr ii^^e.

MESSAGE I'ROM THK PRKSIDTNT OF THE UNITED STATES.

Coinniunicaling a convenli.Di with (treat Britain, concluded at Washinf^ton,

June IS, />>/<>.
To the Senate of the United States :

In accordance with the resolution of the Senate of the 12th instant, that "the
President of the I'nited States be and he is hereby advised to accept the proposal
of llie IJritish Government, accompanying his message to the Senate, dated loth
June, 1.S46, for a convention to settle boundaries, \-.o., between the United States
anil Great Britain, west of the Rocky or Stony mountains." a convention was con-
cluded and signed on the 15th instant, by the Secretary of vState on the part of the
United vStates, and the Envoy Extraordinary and Minister Plenipotentiary of Her
Britannic Majesty on the part of Great Britain.

This convention I now lay before the Senate for their consideration, with a
view to its ratification.

Wa.su iNGTON,y««r 16, 1S46. JAMES K. POLK.

Convention betiveen the Ihiitcd States of America and Her Majesty the Queen
of the I'nited Kingdofn of Great liritain and Ireland, concluded at Wash-
ington, the i^th of June, /S/6.

The United vStates of America and Her Majesty the Queen of the United King-
dom of Great Britain and Ireland, deeming it to be desirable, for the future welfare
of both countries, that the state of doubt and uncertainty which has hitherto pre-
vailed respecting the soveicignty and government of the territory on the north-
west coast of America, lyitig westw.trd of the Rocky or Stony mountains, should
be finally terminated by an amicable compromise of the rights mutually asserted
by the two parties over the said territory, have respectively named plenipotenti-
aries to treat and agree concerning the terms of such settlement ; that is to say, the
President of the United States of America has on his part furnished with full
powers James Buchanan, Secretary of State of the United States; and Her Majesty
the Queen of the United Kingdom of Great Britain and Ireland has on her part ap-
pointed the right honorable Richard Pakenham, a member of Her Majesty's most
honorable privy council, and Her Majesty's Envoy Extraordinary and Minister
Plenipotentiary to the United States ; who, after having communicated to each
other their respective full powers, found in good and due form, have agreed upon
and concluded the following articles :

172

brown's political history.

1846

Articlk I.
I'roni the point on the I'oity-innth parallel of north latitude where t}ie hound
ary laid down in existini; treaties and conventions hetween the United .States and
Great IJritain terminates, the line of houndary lietweu the territories of the United
.States and those of Her Britannic IMajesty shall lie continued westward alonji the
said fort\ ninth parallel of north latitude to the middle of the channel which separates
the continent f om Y .nconver's island, and thence southerly throuj^h the middle
of the said channel and of h'uca's straits to the Pacific ocean : /'roi'i'ded, /nnucirr.
That the navigation ot the whole of the said channel and straits, south of the forty-
ninth parallel of north latitude, remain free and open to both parties.

ARTICI.K II.
From the point at which the forty-ninth parallel of north latitude shall he
found to intersect the great northern hranch of the Columbia river, the navigation
of the said branch shall he free and open to the Hudson's Bay Company and to all
British suljjects trading with the same, to the point where the said main stream to
the ocean, with free access into and through the said river or rivers ; it being un-
derstood that all the usual portages along the line thus described shall in like man-
ner be free and open. In navigating the said river or rivers, British subjects, with
their goods and produce, shall be treated on the same footing as citizens of the Uni-
ted States ; it being, however, always understood that nothing in this article shall
be construed as preventing, or intended to prevent, the Government of the United
States from making any regulations respecting the navigation of the said river or
rivers, not inconsistent with the present treat)-.

Article III.

In the future appropriation of the territory south of the forty-ninth parallel of
north latitude, ps provided in the first article of this treaty, the possessory rights of
the Hudson's Bay Company, and of all British subjects who may be already in the
occupation of land or other property lawfully acquired within the said territory,
shall be respected.

Article IV.

The farms, lauds, and other property of every description, belonging to the
Puget's Sound Agricultural Company, on the north side of the Columbia river
shall be confirmed to the said company. In case, however, the situation of those
farms and lauds should be considered by the United States to be of public and po-
litical importance, and the United States Government should signify a desire to ob-
tain possession of the whole or of any part thereof, the property so required shall
be transferred to the said Government, at a proper valuation to be agreed upon be-
tween the parties.

Article V.

The present treaty shall be ratified by the President of the United .States, by
and with the advice and conse.it of the Senate thereof, and by Her Britannic Maj-
esty ; and the ratifications shall be exchanged at Loudon at the expiration of si.»
months from the date hereof, or sooner if possible.

lu witness whereof, the respective pk.iipoteutiaries have signed the same, and
have affixed thereto the seals of their arms.

Done at Washington the fifteenth day of June, in the year of our Lord one
thousand eight hundred and forty-six,

[L. s.] JAMFS BUCHANAN.

[i,. s.] RICHARD PAKENHAM.

1846

e bound
tales and
.e United
ilon}4 llie
rieparales
e middle
hoivci'cr,
the forty-

shall be
avij^ation
md to all
itrcani to
being un-
like man-
sets, with
f the Uni-
ticle shall
lie United
d river or

1846 PROVISIONAL GOVKKNMENT. 273

BY THE PRESIDENT OK THE UNITED STATES (3E AMERICA.

A PROCLAMATION.

Whereas, a treat}' between the United .States of America and Her IMajesty the
Queen of the United Kingdom of Great Britain and Ireland was concluded and
signed by their plenipotentiaries at Washington on the fifteenth day of June last.

And whereas the said treaty has been duly ratified on both parts, and the re-
spective ratifications of the same were exchanged at London, on the seventeenth
ultimo, by Louis McLane, Envoy Extraordinary and Minister I'lenipotentiar}- of
the United States, and Viscount I'almerston, Her Britannic Majesty's Principal
Secretary of State for Foreign Affairs, on the part of their respective Governments.

Now, therefore, be it known that I, James K. Polk, President of the United
States of America, have caused the said treaty to be made public, to the end that the
same, and every clause and article thereof, may be observed and fulfilled with good
■ faith by the United .States and the citizens thereof.

In witness whereof, I have hereunto .set my hand and caused the seal of the
I'niled States ,0 be affixed.

Done at the city of Wa.shington, this fifth day of August, in the year of our
Lord, one thousand eight hundred and furty-six, and the Independence of the Uni-
ted States, the seventy -first.

[.SKAi..] JAMES K. POLK.

By the President : J.\MKS Buchanan;

Secretary of State.

i
i

parallel of
,• rights of
idy in the
territory,

ing to the
nbia river
1 of those
ic and po-
sire to ob-
lircd shall
1 upon be-

States, by
innic Maj-
lion of SK>

same, and

Lord one

AN.
INHAM.

MESSAGE FROM THE PRESIDENT OF THE UNITED vSTATES.

Communicating documents not heretofore communicated to the Senate relative

to the Oregon Territory, in answer to the resolution of the Senate of ijth
func, 1S46.
To the Senate of the United States :

I herewith transmit, in compliance with the request of the Senate in their res-
olution of the 17th of June, 1S46, a report of the Secretary of State, together with
a copy of all " the dispatches and instructions" "relative to the Oregon treat}-,"
" forwarded to our minister, Mr. McLane," " not heretofore communicated to the
.Senate," including astateineiitof the propositions for the adjustment of the Oregon
question previously made and rejected by the respective Governments. This .state-
ment was furnished to Mr. McLane before his departure from the country, and is
dated on the 12th July, 1845, the day on which the note was addressed by the Sec-
retary of State to Mr. Pakenham, offering to settle the controversy by the 49th
parallel of latitude, which was rejected by that minister on the 29th July following.

The Senatu wiU perceive that extracts from but two of Mr. McLane's "dis-
patches and comoiuuications to this Government" are transmitted ; and these only
because they were necessary to explain the answers given to them by the Secretary
of State.

These dispatches are both numerous and voluminous, and, from their confi-
dential character, their publication, it is believed would be highly prejudicial to
the public interests.

Public considerations alone have induced me to withhold the dispatches of
Mr. McLane, addressed to the Secretary of State. I concur with the Secretary of
State in the views presented in his 1 eport, herewith transmitted, against the publi-
cation of these dispatches.

fll

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ih.

274

brown's poijtical history.

1846

Mr. McLane has performed his whole duty to his country : and I am not only
willing, but anxious, th it every Senator who may desire it shall have an opportu-
nity of perusing these dispatches at the 1 )epartnient of State. The Secretary of
vState has been instructed to afford every facility for this purpose.

Washington,/?//;' i>/, /S^6. JAMKS K. I'OLK.

To tke President of the ( fitted States:

The Secretary of vState to whom was referred the resolution of the Senate of
the 17th ultimo, requesting the President "to communicate to the Senate a copy
of all the correspondence which has taken place between this Government and
that of Great Britain relative to the Oregon treaty, together with the di.spatches
and instructions forwarded to our minister, Mr. McLane, and a full and complclt-
copy of his dispatches and communications to this Government on tlif
same subject, not heretofore communicated to the vSenate," respectfully reports
that no correspondence has taken place between this Government and that of
Great Britain, relative to the Oregon treaty, which has not heretofore been com-
municated to the Senate. The {secretary of vState herewith submits to the Presi-
dent copies of all "the dispatches and instructions forwarded to our minister, Mr.
McLane, and also a full and complete copy of his dispatches and communications
to this Government," on the subject of the Oregon treaty, " not heretofore com-
municated to Congress. He also submits the copy of a note from Lord Aberdeen
to Mr. McLane, dated on the 22d of May last.

In regard to his own " dispatches and instructions" to Mr. McLane the Sec-
retary is not aware of any public considerations which now oppose their trans-
mission to the Senate. On the contrary, he deems it eminently proper that entire
copies of them all should be furnished to that body without further delay.

In regard to the dispatches of Mr. McLane to this Government, a serious
question ari.ses as to the propriety of communicating them to the Senate. This
question he deems it proper to present to the President for his determination ; be-
cause its decision may involve consequences for all future time, essentially affect-
ing the ability of the executive department of the Government to conduct our
intercourse with foteign nations in such manner as best to promote the public in-
terest.

It is a primary duty of a foreign minister to commimicate freely to his Gov-
ernment all that he sees or hears, which can have any bearing upon the interests
of his country, together with his own opinions and speculations upon passing
events, both at home or abroad, connected with the object of his mission. It is
his business to seek information from every source within his reach, and to place
his own Government in possession of all that he accjuires. vSuch information is
essential to enable this Government successfully to perform its duties to the
country, in our present extended intercourse with foreign nations. Whatever,
therefore, would tend to close up the .sources of information against our diplomatic
agents abroad, or to deter them from freely communicating all the information
in their possession, could not fail to prove seriously detrimental to the national in-
terest.

Mr. McLane has, in the fullest manner, performed his duty in this respect.
His dispatches are both numerous and voluminous. He has kept the department
well advised of all that it was necessary for it to know in relation to the different
and varying aspects which the Oregon (juestion has assume'! in P)n^l;ind. No per-
.son, however, who peruses these dispatches can .suppose that, with the exception
of very small portions of them, tliey were intended for publication, or that the
probalnlity of such an event had been contemplated by him.

^iwn

1846

PROVISIONAL GOVERNMENT,

275

If, under such circumstances, his conversations with individuals in office and
out of office, which from their very nature were confidential, should be published
to the world, this would have a strong tendency to obstruct every avenue of in-
formntion against our diplomatic agents, and greatly to impair their usefulness;
and, on great occasions, the possibility of a candid disclosure to them of the in-
tentions of a foreign Government, or the real motives which might control the
action of its ministers would be entirely out of the question. Persons intrusted
with the conduct of foreign affairs in other countries would feel the necessity of
observing towards our diplomatic agents a guarded silence, diffijrent from the
course which might safely be pursued towards the ministers of other powers.
Tlie private and confidential intercourse between ministers of diffijrent countries,
which often leads to the most important and beneficial results, would cease to exist
in regard to the ministers of the United States. In thi.-. manner one of the great
purposes of sending ministers abroad would be deft uted.

Besides, the publication of such communications, especially if coupled with
the minister's unreserved comments, made confidentially to his own Government,
would place him in a position towai'ds those whose confidence he had thus been
made instrumental in violating, which no honorable man would desire to occupy.

The publication of such dispatches would exercise an unhappy influence upon
the conduct of our diplomatic agents. In order to shield themselves from reproach,
they might then be induced either to communicate important information, with
their observations upon it, in private letters, and through other channels not sub-
ject to official inspection, or to refrain altogether from making communications
except such as might be published to the world without unpleasant consequences
to themselves. In the first case, that information which ought to exist in the
archives of the department for the use of the Government in all future time
would be confined to a few individuals, and in the last, the Government might
be deprived of the information necessary to avert danger from the country, or
to promote the l)est interests of the people in their intercourse with foreign
nations.

The Secretary is deeply sensible that, from the very nature of our institutions
the greatest publicity ought to be given to the conduct of all public agents. There
should be no exceptions to this rule, unless in cases where the public interest im-
peratively demands it. Whether this be such a case, is respectfully presented for
the decision of the President.

Public considerations alone have induced the Secretary of State to make
these suggestions. In performing this duty, he need scarcely say that every
facility for this purpose will most cheerfully be afforded at the Department of
State to any Senator who may desire to peruse the dispatches of Mr. McLane.
All which is respectfully submitted by

JAMES BUCHANAN.

Jl/r. Buchaitati to Mr. McLane.
Dkpartmknt of State, Washington, July 12, 1845.
Sir : Although the President does not intend to transfer the Oregon negoti-
ation from Washington to London, yet, as Her Britannic Majesty's ministers will
doubtless afford you frequent opportunities of conversing on the subject, it is
proper that you should be well informed of the present state of the question.
For this purpose it is necessary to furnish you with a brief historical sketch of
the propositions for its adjustment which have been heretofore made and rejected
by the respective governments.

I . j

It 1

; i

(

i
i

- ■ T

' :h

: \

i t-

' : !

276

BROWN S POLITICAL HISTORY.

1846

The first negotiation was that of 1818, which terminated in the convention of
the 20th of October of that year. It was conducted by Messrs. Gallatin and
Rush, as American Plenipotentiaries, in obedience to instructions from Mr.
.\dams, then Secretary of State under Mr. ISIonroe's administration. Our Pleni-
potentiaries inform us that they did not, on that occasion, "assert that the United
States had a perfect right to the country, but insisted that their claim was at least
good against Great Britain." They, therefore, offered to compromise by adopt-
ing the ])arallel of forty-nine degrees as the dividing line betweed the two coun-
triei, and by surrendering to Great IJritain the free navigation of the rivers (the
Columbia, of course, included) which might be dissected by this line. The Brit-
ish Plenipotentiaries (Messrs. Robinson and Goulbumi in answer, " did not make
any formal proposition for a lioundary, but intimated that the river itself was the
most convenient that could be adopted, and that they would not agree to any that
did not give them the harbor at the mouth of the river in common with the
United States." But althoug!i they did not propose a permanent boundary, they
did make a most extraordinary proposition to the American Plenipotentiaries,
which was instantly and properly rejected. This was no less in effect that the
United States should surrender to Great Britain the exclusive sovereignty overthe
whole territory north of 49 degrees, whilst that portion of it which lies between
the 45th and 49th parallels, embracing the mouth and nearly the whole course of
the Columbia river, should " be free and open to the subjects and citizens of the
two States respectiveh', for the purpose of trade and commerce," reserving the
claims of the respective parties, not to the whole territory, but to this section of
it merely.

This negotiation resulted in the adoption of the third article of the conven-
tion of the 20th of October, 181 8, under which the United States so far yielded
to the claims of Great Britain as to agree that the whole territory should ' ' be
free and open, for the term of ten years from the date of the signature
of the present convention, to the vessels, citizens and subjects of the two powers."

The second negotiation on this subject, during the administration of Mr.
Monroe, was conducted, in 1824, by Mr. Rush as the American Plenipotentiary,
under the instructions of IMr. Adams. In the meantime the United States ha '
acquired the Spanish title, embracing the whole territory in dispute, under the
Florida treaty of the 22d of February, 18 19; and Mr. Monroe had made his celebrated
declaration to the world, that the American continent should no longer be subject
to colonization. Notwithstanding this change in the lelative position of the
parties, Mr. Monroe, anxious to settle the conflicting claims of Ru.ssia, Great
Britain and the United States, to the territory on the northwest coast of America,
and knowing that this could only be done by compromise, authorized Mr. Rush,
through the instructions of ^Ir. Adams, dated the 22(1 July, 1823, " with a view to
draw a definite line of demarcation for the future, to stipulate that no settlement
shall be made on the northwest coast, or on any of the islands thereto adjoining,
by Russian subjects, south of latitude ,55 ; by citizens of the United States north
of latitude 51 degrees, or by British subjects either south of 51 or north of 55. I
mention (says Mr. Adams) the latitude of 51 as the bound within which we are
willing to limit the future settlement of the United States, because it is not to be
doubted that the Columbia river branches as far north as 51." "As, however,
the line already runs in latitude 49 degrees to the vStony mountains, should it be
earnestly insisted upon by Great Britain, we will consent to carry it in continu-
ance on the same parallel to the sea."

Mr. Rush, with great ability, attempted to execute his instructions. He first

I. ,

1846

PROVISIONAL GOVERNMENT.

277

He first

proposed 51 degrees, and afterwards 49 degrees, but in vain. These propositions
were severally rejected by the British Plenipotentiaries (Messrs. Huskis.son and
Stratford Canning), who proposed the 49th parallel as a permanent boundary be-
tween the two countries until it should strike the northeastemmost branch of the
Columbia river (McGillivray's) and thence down the same to its junction with the
ocean, "the navigation of the whole channel being perpetually free to the sub-
jects and citizens of both parties." This proposition was rejected by Mr, Rush,
and here the negotiation ended.

The third negotiation on this subject took place in 1826-7, during the admin-
istration of Mr. Adams, and was conducted by Mr. Gallatin as American Plenipo-
tentiary, under instructions from Mr, Clay, then Secretary of State. The third
article of the convention of October, 1818, was about to expire by its own limita-
tion ; and a most formal and serious effort was then made finally to adju-st this
vexed question ; but it utterly failed. This negotiation displays great research and
ability on both sides. Mr. Gallatin, in behalf of the United States, again offered
to compromise the question by adopting the 49th parallel of latitude as the divid-
ing line between the two countries west of the Rocky mountains, and to agree
that the navigation of the Columbia should ' ' be perpetually free to the subjects
of Great Britain in common with the citizens of the United States," provided this
line should strike the northeastemmost or any other branch of that river at a
point from which it was navigable for boats.

This offer was rejected by the British Plenipotentiaries (Messrs. Huskisson
and Addington) in very strong terms. They repeated the offer which had been
made to Mr. Rush on the part of Great Britain in 1824, with this addition, that
they were willing to concede to the United »States the possession of Port Discov-
ery, on the southern coast of De Fuca's inlet, and annex thereto "all that tract
of country comprised within a line to be drawn from Cape Flattery, along the
southern shore of De Fuca's inlet to Point Wilson, at the northwestern extremity
of Admiralty inlet ; thence along the western shore of that inlet, across the en-
trance of Hood's inlet, to the point of land forming the northeastern extremity
of the -aid inlet ; from thence, along the eastern shore of that inlet, to the south-
ern extremity of the same ; from thence direct to the southern point of Gray's
harbor ; from thence along the shore of the Pacific to Cape Flattery as before
mentioned.

This proposition was rejected by Mr, Gallatin, and the negotiation terminated
in the convention of .\ugust 6, 1827, which continued the third article of the con-
vention of October, 1818, until it should be abrogated by the one party or the
other, by giving a notice of twelve months to that effect. This convention has
ever since remained in force ; and ever since, under its provisions, the subjects of
Great Britain have enjoyed the same rights over the whole territory as the citizens
of the United States. This joint occupation has continued for more than a quar-
ter of a century ; and it is not to ])e supposed that the British Government will
now consent by negotiation to yield to us the whole territory up to 54° 40', after
our Government had thrice offered to divide it by the parallel of 49 degrees, and
they had thrice refused this offer, even when accompanied by a giant of the free
navigation of the Columbia.

The next notice of this question will be found under the administration of
General Jackson. It is contained in the in.structions of Mr. Livingston to Mr,
Van Buren, dated on the ist of August, 1831, with a copy of which, so far as they
relate to this subject, you shall be furnished. From this, you will perceive that
General Jack.son's administration, so far from objecting to the occupation of the

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278

brown's political history.

1846

whole territory by the British in common with ourselves, were entirely satisfied to
suffer this state of things to continue. These instructions do not proceed upon
the principle of claiming the whole territory for the United States, although they
express a strong opinion in favor of our right. After stating that the term of
joint occupation was indefinitely continued for the purpose, in the language of the
treaty, " of giving time to mature measures which shall have for their object a
more definite settlement of the claims of each party to the said territory," they
go on to remark that "this subject, then, is open for discussion; and until
the rights of Lhe parties can be settled by negotiation, ours can suffer nothing by
delay."

These instructions evidently looked to a settlement of the rights of the re-
spective parties by negotiation, and not to an absolute exclusion of Great Britain
from the whole territory.

From the ist of August, 1831, the date of Mr. Livingston's instructions to
Mr. Van Buren, until the 9th of October, 1843, no further notice of the Oregon
question was taken in any instructions from this department. On that day Mr.
Upshur, then the Secretary' of State under Mr. Tyler's administration, addressed
instructions to Mr. Everett on the subject. Following in the course of com-
promise pointed out by his predecessors, Mr. Upshur s, ys : "The offer of the
49th parallel of latitude, although it has once 1)een rejected, may be again ten-
dered, together with the right of navigationg the Columbia upon equitable terms.
Beyond this the President is not now prepared to go. Nevertheless, you may
propose or receive, subject to the approval of this Government, any other terms
of compromise, which, in the progress of your discussions, may appear to prom-
ise a satisfactory adjustment of this important cjuestion."

Next came the existing negotiation which the President found pending on his
accession to office.

This negotiation, like all which had preceded it, was based upon the principle
of compromising the claims of the parties, and not of demanding the whole ter-
ritory for the United States. The first protocol signed by Messrs. Calhoun and
Pakenham, on the 23d of August last, states that it was instituted " to treat of the
respective claims of the two countries to the Oregon territory, with the view to
establish a permanent boundary between the two countries westward of the Rocky
mountains to the Pacific ocean,"

The President, at a very early period of his administration, was called upon
to decide whether he would break off or continue this negotiation. Placed in
such a responsible position, he first inquired whether the national honor required
that he should abrupth- terminate it by demanding the whole territory in dispute.
War before dishonor, is a maxim deeply engraven upon the hearts of the American
people, and this maxim ever shall regulate his conduct towards foreign nations.
But it was impossible for him to conceive that there could be dishonor in pursuing
the course which had been adopted by Mr. Monroe, his patriot revolutionarj'
predecessor, more than a quarter of a century ago, and had been either expressly
sanctioned oi acquiesced in by all succeeding administrations.

His next inquiry was, would a compromise of the claims of the parties, by
adopting the parallel of 49 degrees, materially injure the interests of the United
States? The entrance of the straits of Fuca, Admiralty inlet, and Puget's sound,
with their fine harbors and rich surrounding soil, are all south of this parallel.
We know but little of the country north of it, but from all the information we
have obtained, it is, with the exception of a few spots, wholly unfit for agriculture,

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1846

PROVISIONAL GOVERNMENT.

279

and incapable of sustaining any considerable population. Its chief, indeed almost
its only value, consists in the furs which may yet be collected upon it; and even
in this particular it is not of much importance.

.\rbitration being out of the (luestion, the alternatives which remained were
either to compromise the claims of the parties upon terms similar to those which
had often been proposed by the Government of the United States and rejected by
that of Great Uritain, or to demand the exclusive sovereignty over the whole ter-
ritory in dispute, and thus to render war almost inevitable. In the present en-
lightened and christian age, war ought to be the very last alternative of nations,
and should never be resorted to unless for a cause which renders it imperatively
necessary. To rush into hostilities, if this can be honorably avoided, would sub-
ject the United States to the condemnation of all Christendom. The President
doubts whether the judgment of the civilized world would be in our favor in a
war waged for a comparatively worthless territory north of 49 degrees, which his
predecessors had over and over again offered to surrender to Great Britain, pro-
vided she would yield her pretensions to country south of that latitude. Besides,
a war for such a cause, whilst it -vould doubtless be sustained by the patriotism,
might not meet the approbation of a large portion of our own fellow citizens.

On the other hand, suppose the American proposition of the 49th degree of
latitude should be again made by the United States and again rejected by Great
Britain, and war then be the consequence, wc might appeal to all mankind for the
justice and moderation of our demand. The \oice of an impartial world would
pronounce our cause to be righteous, and our own citizens would be enthusias-
tically united in sustaining such a war. Should the negotiation end in disappoint-
ment, the President, having done all that can be required of him for the preser-
vation of peace, will afterwards feel himself perfectly free to insist upon our rights
in their full extent, up to the Russian line.

Influenced by these important considerations, you will perceive from my note
to Mr. Pakenham, a copy of which I now enclose you, that the President has once
mo: e proposed to the Government of Great Britain that the territory west of the
Rocky mountains, which has been, under existing treaties, "free and open" to
the occupation of both nations ever since 1818, shall now be divided between them
by the 49th parallel of north latitude, offering at the same time to make free to
Great Britain any port or ports on Vancouver's island, south of this parallel,
which the British Government may desire.

You will observe that the jiroposition is silent in regard to the navigation of
the Columbia river — a privilege wliich has heretofore been repeatedly offered to
Great Britain in former attempts to settle this question. Such a privilege the Pres-
ident cannot concede, although he is well aware of the serious, if not insuperable
obstacles which this may present to the success of the negotiation. The tenacity
with which Groat Britain will adhere to the free navigation of the Columbia, which she
now enjoys, is manifest from the note of ]Mr. Pakenham to Mr. Calhoun, of the
12th September last, with a copy of which you have been furnished.

If the free navigation of the Columbia were granted to Great Britain, this
would be perpetual source of strife and cause collision between the citizens and
subjects of the two nations in those remote regions. It would be almost impos-
sible, by any vigilance which could be exerted, to execute the revenue laws of the
respective countries, and prevent smuggling on either side of the river. Besides,
there arc several portages around the falls and rapids of this river and its branches,
the use of which is necessary to the enjoyment of its free navigation. This would

28o

BROWN S POLITICAL HISTORY.

1846

introduce the subjects of Great Britain with their merchandise into the heart of
the country, and thus greatly increase the evil beyond what it would be if they
were cofined to the channel of the river. The President is desirous to adjust the
question in such a manner as to leave no source behind from which might pro-
ceed new diflBculties and new dangers, again to involve the peace of the two coun-
tries. With his present impressions, he can never yield to Great Britain the free
navigation of the Columbia.

It is to be hoped that Great Britain may view this subject in the satne light,
especially as within the last few years rivers have been explored and resorted to
north of 49 degree j, on which her trade may be conducted between the interior
and the ocean, wif'out the use of the Columbia.

Whilst denying this privilege, which has been hitherto so often offered, it may
be asked, what reason have we to hope that Great Britain may now accede to the
naked parallel of 49 degrees? There would be little or none, unless our proposi-
tion had contained such a concession in some other particular as to enable her to
retreat with honor from her former demands. This will be found in our offer to
I'lake free to Great Britain any port or ports on Vancouver's island, south of 49 de-
grees, which the British Government may desire. It is true, this is but a trifling
concession, considering the small portion of the cap of Vancouver's island which
lies south of that parallel ; and, although no equivalent, it is yet something which
may be a refuge for British pride, whilst surrendering the free navigation of the
Ci)lumbia. Besides, as they have in their last proposition so far gone beyond that
of 1827 as to offer to make free to the United Stales any port or ports which they
might desire, either on the main land to Vancouver's island, south of latitude 49
degrees, our offer to them of free ports on the southern cap of that island may be
deemed a reciprocal concession.

Had this been a new question, you are fully aware that the President never
would have presented such a proposition ; but it must not be forgotten that the
American Government never dies, although the agents who administer it are per-
petually changing. Its course of policy towards foreign nations should not change
with every changing administration ; but ought to be uniform and consistent, un-
less for reasons of imperative necessity.

From what has been said, you will perceive how wholly impossible it is for the
President to accept any terms of compromise which would bring the British south
of the parallel of 49 degrees ; and this you may intimate to the British ministers
in conversation, should you deem it wise under all the circumstances. The only
exception to this rule which could possibly be made might be the concession, for
an adequate equivalent, of the small cap of Vancouver's island south of this latitude,
which would be of no importance to the United vStates, whilst it is of considerable
value to Great Britain.

Vou will enforce our proposition upon the British ministry with all the enlight-
ened ability of which you are so eminently the master. Should it be rejected, the
P.esident will be relieved from the embarrassment in which he has been involved
by the acts, offers, and declarations of his predecessors. Afterwards, if the diffi-
culty can only be resolved by the sword, we may then appeal, with confidence, to
the world for the equity and justice of our cause, and may anticipate the smiles of
Heaven upon the right.

I am, &c., JAMES BUCHANAN.

Louis McLane, Esq., &c., &c.

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PROVISIONAL GOVERNMENT.

281

Mr. Buchanan to Mr. McLane.

Department of State, \
Washington, November 5, iSfS- >

Sir: Your dispatches to No. 16, inclusive, have been duly received.

Since the receipt, on the 21st ultioio, of your No. 9, I have had several convcr-
sa'ions witli Mr. Pakcnliani. His purpose doubtless, was to ascertain whether the
President would not take back his withdrawal of our proposed compromise, and
suffer it to stand as a basis of further negotiation ; and, if it could not be done, to
ol.tain some assurance in advance as to the manner in which a new j^roposition
from the Hritish Government would be received. He did not accomplish either
object. In these conversations, I gave him distinctly to understand that the Presi-
dent could not consent to recall what ha 1 been already done, nor to modify in any
degree the withdrawal of our offer. At the same time, I observed, in answer to a
question propounded by him, that if the British Government should think proper
to make any new proposition to the Government of the United States for the settle-
ment of the Oregon question, it would be respectfully considered by the President,
without, however, feeling himself committed in any degree by the offer which had
been already made and rejected, and afterwards withdrawn.

Mr. Pakenham urged that he had not rejected our proposition, but had merely
refused to accept it ; and endeavored by argument to impress upon my mind the
distinction, not very obvious, between the refusal to accept a proposition and its
rejection. To this I replied by referring him to the subsequent part of his note, in
which he expressed his trust that " I would be prepared to offer some further pro-
fxwal for the settlement of tae Oregon question, more consistent with fairness and
equity, and within the reasonable expectation of the British Government." This
language, I observed, necessarily implied, not only an emphatic rejection of our
offer, but a condemnation of its character.

In consequence of my communications with Mr. Pakenham, the President,
after holding two cabinet councils on the present state of the Oregon negotiation,
has finally determined that he would not renew his former offer, nor submit any
other proposition ; and it must remain for the British Government to decide what
other or further steps, if any, they may think proper to take in the negotiation.
Vou will not be surprised at the result, as you are well aware that nothing but def-
erence for the repeated action of his predecessors, and for the principle of com-
promise on which the negotiation had been commenced, as well as a sincere desire
to cultivate the most friendly relations between the two countries, could have in-
duced him so far to depart from his well-known opinions as to have directed the
proposition to be made which has been rejected and witlnlrawn.

Mr. Pakeiiham's note of the 30th of July, rejecting our proposition, became,
immediately after its receipt, the subject of grave deliberation by the President.
I 'poll a full consideration of the whole question, and after waiting a month for fur-
ther developments, he arrived at the conclusion that it was a duty which he owed
his country to withdraw the proposition which he had submitted. This was accord-
ingly done by my note to Mr. Pakenham of the 30th of August last. The Presi-
dent thus took his ground, from which he will not depart. If the British Govern-
ment hive any new proposition to submit, it must proceed from them voluntaril)',
and without any previous invitation or assurance on our part ; and then such a
proposition will be respectfully considered by the Government of the United
States.

This is the posture on which the negotiation now stands; and, unless in the

383

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1S46

meantime it should be changed by some action on the part of the British Govern-
ment, the President intends to lay the whole subject before Congress for their con-
sideration.

I am, &c. JAMES BUCHANAN.

Louis McLanb, Esq., &c., &c.

Mr. McLane to Mr. Buchanan. — Extracts.

London, December /, iSf$.

Although it is well understood here, that, in the present posture of the Oregon
question, my connection with it must be in a great degree informal, the Earl of
Abeideen occasionally makes it a subject of conversation.

At his request I have recently had an interview with him, when he put in my
hand, to read, two dispatches from Mr. Pakenham : one, in explanation of his re-
jection, without reference to his Government, of the President's proposition ; the
other, containing a statement of his subsequent attempts to induce you to allow the
President's proposition to stand as the basis of further negotiation, or to have sonic
assurance of the answer which a new proposition from the British Government
would receive. ♦ * *

In his fir^t letter, Mr. Pakenham, among other things, thought his treatment
of the President's proposition justifiable on the ground of his instructions, which,
in his opinion, forbade the expectation that such a proposition could, unfler any
circumstances, receive the approbation of his Government. He also * # *
expressed his belief that a reference of the proposition to his Government, merely,
as he supposed, to be rejected, would not have avoided the embarrassment in
which the subject has been by that step involved.

In answer to these views, I had only to point out the clear insufficiency of Mr.
Pakenham's explanations ; and to defend and justify the withdrawal of the Presi-
dent's proposition upon the obvious grounds on which, in your communicitions,
you had placed it ; to point out with entire explicitness the attitude the President
had determined to maintain, and the course it was his intention to pursue, in con-
formity with the statement in your dispatch No. 13, dated the 5th November last.

The principal object of Lord Aberdeen in seeking the interview appeared to
me to be, to point out the embarrassment in which he thought the President'D
withdrawal of his proposition had placed this Government, It was quite evident —
indeed, he espressl)- said — that he was not prepared to accept the President's pro-
position, but desired only to make it the basis of further negotiation and modified
propositions from his Government, which he would have done, notwithstanding
the rejection of it by Mr. Pakenham, if it had not been withdrawn by the direction
of the President. He complained of the withdrawal of the proposition as unusual,
if not unprecedented in diplomacy ; and seemed to consider it impossible, in the
present posture of the affair, to submit any proposition for a partition of the terri-
tory in dispute, unless he could have some assurance of the treatment which any
proposition he might submit for that purpose would receive.

Under these circumstances, he could only regard the negotiation as having
been terminated by the President ; and the door to further attempts at compromise
being thus closed, this Government had no alternative, in its desire to preserve the
peaceful relations of the two countries, [other] than to propose arbitration, and
abide the consequences. Indeed, I understood him to say, very distinctly, that
this course would be pursued. It may be considered certain, therefore, that if he

1846

PROVISIONAL, GOVERNMENT.

283

has not already, Mr. I'akenham will, by the present steamer, be instrncted to
propose an arbitration ; and that according to the answer that proposition may re-
ceive, the ultimate course upon the part of this Government will be defined.

I think it not improbable that if the offer l)e declined upon the ground u])on
which it is understood it was refused by Mr. Calhoun, to-wit : that a more satis-
factory adjustment might be obtained through the medium of negotiation, this
Government would then submit a new proposition, and so resume the negotiation ;
but that if it be refused on such terms as warrant them in assuming that our Gov-
ment has determined to insist upon the extreme claim, and to decline both negoti-
ation and arbitration, this Government will treat the offer to arbitrate as its ultima-
tum, and abide the result. Of course, these opinions are founded upon the ob-
servations of the Earl of Aberdeen in the conversation to which I have already
alluded to.

Although I am quite sure that the Karl of Aberdeen has no idea at present of
accepting the compromise contained in the President's proposition, it would not
surprise me if an arrangement upon that basis should prove acceptable to large
and important classes in this country — indeed complained of principally b}' the
Hudson's Bay Company, and those in its interest. That the ministry would find
it difficult atid hazardous to prefer war to such a settlement, may be well imagined;
although you may assume it to be certain, that when war becomes inevitable it
will receive the undivided support of the British people.

I believe the Government and people here are quite prepared for the reasser-
tion in the message of the President's opinions expressed in his inaugural address;
and, perhaps, for a recommendation by him to terminate the joint occupation in
the manner provided by the existing treaty. And I also think that, unless the
recommendations in the message should be such as to discourage further negotia-
tion, and to manifest a determination to insist upon our whole right, they would
not lead to any immediate measures upon the part of this Government, or materi-
ally add to the embarrassment in which the relations between the two countries
appear to be at present involved.

Mr. Buchanan to Mr. McLane.
Department ok State, Washington, June 6, 1846.
Sir : I transmit to you, herewith, a copy of the projet of a convention de-
livered to me by Mr. Pakenham this morning, for the adjustment of the Oregon
question, together with a copy of the protocol of the proceeding. This being the
regular day for the meeting of the cabinet, the subject was brought before them
by the President. The result was a determination on his part to submit the projet
to the Senate, for their previous advice. This will be d " as soon as the proper
message can be prepared, and the necessary papers copied. I am, &c.,

JAMES BUCHANAN.
Louis McLane, Es^., Sen. &c. &c.

Mr. Buchanatt to Mr. McLane.
Department op State, Washington, June 13, 1846.
Sir : The President communicated to the Senate, on the loth instant, a con-
fidential message, of which I transmit you a copy, asking their previous advice in
regard to the projet of a convention for the adjustment of the Oregon question,
delivered to me by Mr. Pakenham on the 6th instant.

On yesterday the Senate adopted the following resolution :

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1846

i. j

''Resolved (two-thirds of the Sonntors present concurring), That the Presi-
dent of the United State be, and he is hereby, advised to accept the proposal of
the Uritish Government accompanying his message to the Senate, dated loth of
June, 1846, for a convention to settle boundaries, iS:c., between the United States
and Great Britain, west of the Rocky or Stony mountains."

The vote of the ^Senate stood 37 to 12.

I have learned from the best sources that the vSenate gave this advice under
the conviction that, by the true construction of the second article of the projet, tin-
right of the Hudson's Bay Company to navigate the Columbia would expire with
the termination of their present license to trade with the Indians, &c., on the
northwest coast of America, on the .V)th of May, 1H59. In a conversation with
Mr. Pakenham to-day, I communicated this fact to him, and retjuested him to
state it in his dispatch to Lord Aberdeen.

The treaty will be signed and sent to the Senate on londay next, and it is
more than probable they will, in some form or other, ice upon their records
their understanding of its true construction in this particular. I am, &c.,

JAMES BUCHANAN.

Louis McLank, Esq., &c. &c. &c.

Mr. Buchanan to Mr. McLane.
Department of State, Washington, July 22, 1846.
Sir: The Senate having given its constitutional advice av 1 consent to the
treaty concluded on the 15th instant between the United States and Great l<-'tain
for the adjustment of the Oregon question, the President has ratified it O' the
part of the Government of the United States, and I now transmit to you the
American ratification, to be exchanged against that of Her Britannic Majesty.
You will, accordingly, upon the receipt of this dispatch, inform Her Majesty's
principal secretary of state for foreign affairs that the treaty has been ratified on
our part and that you are, as you will perceive by the special power which is here-
with en losed, authorized to exchange the ratifications with such person as may
be duly mpowered for that purpose on the part of the British Government. As
Ity or delay in this exchange is anticipated. General Armstrong, who
;t the treaty, has been instructed to wait for, and take charge of, the
atification, if, in your opinion, there is a prospect of its being obtained
be forwarded by the steamer of the 19th of July. Should the exchange
be received until after that date, you will either avail yourself of some
ate conveyance to forward it to this country, or to send it to General
Armstrong, at Liverpool, for transmission.

I am, sir, respectfully, your obedient servant,

JAMES BUCHANAN.
Louis McLane, Esq., &c. &c. &c.

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copy nc
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Lord Aberdeen to Mr. McLane,

Foreign Oekice, May 22, 1846.
The undersigned. Her Majesty's principal secretary of state for foreign affairs,
has had the honor to receive the note of Mr. McLane, Envoy Extraordinary and
Minister Plenipotentiary of the United States of America, dated the 20th, and de-
livered on the 2ist instant, enclosing a document, dated on the 28th day of April,
signed by the President of the United States of America, and countersigned by
the Secretary of State, in which, after reciting a joint resolution concerning

1846

PROVISIONAL GOVKRNMENT.

285

the Orejjoii territory which has been adopted by the Coiigressof the United States,
the President, in conformity witli the- terms of that resolution, gives to her Britan-
nic Majesty's (ioverntntMit thi- noti''e reiinired by tlie second article of the con-
vention of the 6th of Angnst, 1.S27, belwun ijreat Britain and ihe United States
for the abrogation of the same.

The undersigned acknowledges, accf)rdingly, ot; the part of Her Majesty's
Government, the receipt of the saitl notice ; and declares that, in conformity with
its tenor. Her Majesty's Goveniment will consider the convention of the 6th of
August, 1S27, abrogated accordingly from the ;.ist day of May, 1847.

The undersigned has the honor to renew to Mr. Mcl<ane the assurances of his
high consideration. AliIvRI)l<;i'<N.

I^ouis Mcl/ANK, Ksy., &c. &c. &c.

Mi'ssaQ;e Frotn the /Resident of the United States,
In answer to the resolution of the Senate of the i8th of June, 1846, relative to the

claims of the Puget's Sound Agricultural Company, and the possessory rights

of the Hudson's Bay Company.
To the Senate of the United States :

I communicate herewith a report from the Secretary of State, in answer to
the resolution of the Senate of the i8th of June, 1846, calling for certain informa-
tion to the Oregon territory. JAMKS K. POLK.

Washington, July 21, 1846.

To the President of the United States :

The Secretary of vState, to whom was referred by the President the resolution
of the Senate of the i8th ultimo, respectfully reports that there is not in the De-
partment of State any official docunu nt or evidence " in relation to the kind and
extent of clain:s to farms and lands of the Puget's vSound Agricultural Company,
in the territory of Oregon ;" nor is there in this department " a copy of the act
incorporating the Puget's Sound Agricultural Company," or of "the original in-
strument constituting that company ;" nor is their any official document or evi-
dence in this department " relative to the kind, character, number and extent of
the possessory rights of the Hudson's Bay Company and of all British subjects
who may be already in the occupation of land or other property in the Oregon
territory south of the 49th para lei of latitude," nor of " the nimiber of such Brit-
ish subjects, including the mem jers, agents and servants of said company," nor
of the " location, number and extent of the forts, stations, and settlements of said
company south of said parallel," nor of " the means of attack and defense in the
possession of said company within said limits."

The only information on the subjects in the possession of the Secretary of
State has been obtained from books accessible to all, and has been chiefly derived
from the following sources :

PMrst — The correspondence and proceedings of the Hudson's Bay Company
with the British Government, previous to the renewal of the lease of that com-
pany on the 30th of May, 1838, for a term of twenty-one years, to trade with the
Indians in certain parts of North America west of the Rocky mountains. This
correspondence and these proceedings were ordered to be printed by the House of
Commons on the 8th of August, 1842, and may be found in the twenty-eighth
volume of "Accounts and Papers," &c., in the Congressional Library. There is
no copy of this work in the State Department.

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286

BROWN S POLITICAL HISTORY.

1846

Second — From detached portions of Captain Charles Wilkes' Narrative of
the Exploring Expedition, contained in volume 4, chapters 9, 10, 11, 12, 13 and 14.
And, third — From Mr. Greenhow's History of Oregon and Califoniia, and
especially pages 31, 32 and 33 of that work.

All of which is respectfully submitted by

JAMEvS BUCHANAN,
Department of State, Washington, iSthJuly, 1846.

The news of the treat}^ rapidly spread over the country and created
much excitement, although the settlement failed to please those who
had insisted on "54-40," it at the same time gave assurance that the
country could be settled without any likelihood of trouble with Eng-
land, and a great many, especially from the west, determined to go to
this new " promised land" on the faraway Pacific. The next year, a
larger number of immigrants crossed the plains than ever before.
Among them was the compiler of this history, who has since made
Oregon his home.

Senator Benton who still continued to retain his interst in the welfare
of Oregon, wrote the following letter to Passed Midshipman, James
Blair, who had been connected with Commodore Wilkes's expedition,
asking information iti regard to t!ie Columbia river bar, which he had
assisted to survey.

HARBOR AT THE MOUTH OF THE COLUMBIA.

Letter from Senator Benton to James lUair, Esq., United States Navy.

Washington City, March 30, 1846.

Dear Sir : I have understood that you were one of the officers of the late
exploring expedition under Captain Wilkes, who made tlie survey of the mouth of
the Columbia river. Messrs. Knox and Reynolds, who are not now in this city, being
the other two; and that you were upwards of two months engaged in that work.
If so, I should suppose that yourself, and the two gentlemen named, must be bet-
ter acquainted with the mouth of that river than any other persons in the world ;
.^nd desiring to have the best information in relation to the place, I address myself
to you alone, in the absence of Messrs. Knox and Reynolds, for the fullest account
you can give me of it, with all its defects and capabilities as a harbor for vessels of
war or commerce, such as now in state of nature, and such as it may be in the
hands of a maritime power, and with all the advantages of beacons, l)Uoys, lights,
pilots and steam towboats. The character of the coast about it, whether high or
low land — the character of the channels, bars, breakers, — depth of water on the
bar, and also on the inside and outside of the bar — ^distance across the bar, and the
length of time to cross it, coming in and going out — the currents, winds, and tides,
— temperature of the air, summer and winter— capacitj- of the port as to the num-
ber of vessels it can receive — its security from winds— its defensibility against ene-
mies — its proximitv to the sea — the points, if any, outside of the harbor to shelter
or hide an enomy's fleet blockading the port, or waylaying its commerce — with all
other information necessary to a complete knowledge of the place as a good or bad

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PROVISIONAL GOVERNMENT.

287

port, and as being capable or not capable of being made a safe and better. I wish
vou to give me, if possible, the full result of your experience and observations dur-
ini^ the whole time you were employed in the survey, with the facts and circum-
stances which justify your opinions, which I may rely on in any use which I :.iay
choose to make of your statements.

Very respectfully, sir, your friend.

THOMAS H. BENTON.
James Bi^air, Esq., U. S. N.

fames Blair to Thomas H. Benton.

Washington, April 2, 1S46.

Sir : In answer of your inquiries of the 30th ultimo, I regret that neither
Lieutenants Knox or Reynolds are in the city, for information from them would
be more satisfactory to you. They are both senior to myself; and the first being
directly charged with, and responsible for, the service, in which I cooperated, a
statement from him particularly would have been much greater authority than
anything from me. Yet I venture Lo say that it would be precisely the same in.,im-
port, however in other respects more satisfactory. *

Lieutenant Knox, commander of the Flying Fish, conducted and completed
the survey with great ability, sharing with Lieut. Reynolds and myself the drudg-
ery of sounding out the harbor, channels, and bar. The accompanying chart will
show you how faithfully the work was performed — every spot in the bed of the
river having its depth ascertained. The diagram will explain how easily the river
may be entered by ranges of landmarks, and without the compass. The only diffi-
culty in entering the harbor of the Columbia is the strength of the currents. They
vary from five lo three miles an hour, according to the time of the tide, and dif-
fering in several parts of the channel. When the water is low, and confined to the
channels, the currents are very strong ; but as the river rises the tide sweeps over
the middle sands, and are much moderated.

During two months and a half we were engaged in the Flying Fish upon this
survey, from August to November, we had ample opportunity to observe the effect
of all weathers upon the bar and channels. In heavy weather the bar is dangerous,
but not more so than any other bars, with the same depth of water and in like situ-
ation. The channels are very much protected by the north and south breakwaters,
upon which the sea breaks, leaving the channel comparatively smooth, and when
the sea is running highest, the more completely is it broken upon these breakwaters.
If the bar and channels were buoyed out, there would be no necessity for pilots.
Four and a half fatlioins is the least water found on the bar at any time. This is
sufficient water for frigates and the largest ineichantmen, even with a swell run-
ning. There is as much water on this bar as through the famous (Tidney channel
into the harbor of New York. In a state of nature as it is now, it is far preferable
to that, on many accounts — especially on the ])roxiuiity of safe anchorage to the
sea, which the bold shores of the river, the high land, and the heavy timber, cover
from the storm.

Licuterant Knox di-r:o%'ered the south channel (which renders the entrance
into the river much more lirect and easy) when upon a rcconniasance of the work
to be performed, he observed and concluded thai such a vast body of water as
swept between the great middle sands and the southern shore must create a deep
channel. He pulled through in a boat, and followed shortly afterwards with the
schooner drawing :nne feet of water. This channel is a straight chute, and, taking

)

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288

BROWN S POLITICAL HISTORY.

1846

the direct course of the dead tree land mark with the remoter on Yonnj^'s Point,
t Cockscomb hill). You enter the river on a straight line ; never having less than
tour and a half fathoms water, and a width of from three-quarters to one-third of a
mile. There is no difficulty in entering even against the ebb tide, if the ship has
a six knot breeze. Three knots are sufficient to keep the range on with the flood
tide. The wind is free for this channel to enter, when from any point of the com-
pass west of north and south through the channel the tide is so strong that a vessel
can beat through it with the tide against the wind, and a larger one can back and
fill through when the sea is not high. We passed in and out of the river, schooner and
boats, from thirty to forty times, and were never in any danger, except when ven-
turing upon the breakers or the middle sands. Lieut. Knox would sometimes club
through the channel in a calm, merely using his anchor to sheer from one side
of the channel to the other, as the occasion required.

If Sir E'dward Belcher, of the English navy, knew of this channel, he kept it
to himself, as he did all the information he had obtained while here. This was in-
gratitude, unless the result of obedience to positive orders from the Admiralty ;
for the Peacock assisted him when unfortunate in the Fijee islands, and Captain
Hudson's want of information was the immediate cause of the loss of his ship ;
yet this disaster might have been avoided, if the precaution of feeling our way in
had been adopted.

While the Peacock was going to pieces on the north breakers, Lieutenant
Knox, in the schooner Flying Fish, felt his way with the lead over the bar, and
was about to anchor near Cape Disappointment, and would easily thence have
entered the river, but was ordered to sea again by signal from the Peacock. After
the discovery of the south channel, we used it or the north as served best for the
occasion. You may see, l)y inspecting the accompanying chart, that the north
channel (which seems to have been the only channel known, or, at least, used,
until Knox's discovery of tlie south channel has two elbows, and is, besides sub-
ject to strong cross tides. It is, however, deeper and wider than the south chan-
nel. All things considered, I think the south channel preferable for entering,
and the north for leaving the river, with the prevailing northwest sea breeze. This
sea breeze generally prevails throughout the year, in all clear weather, from about
II o'clock A. M. until sunset. There was during the season we were on the north-
west coast, much more clear weather than I had ever experienced on the east coast
of the United States at the same season of the year, and a milder climate at all
seasons. You will perceive, by inspecting the diagram, that the northwest sea
breeze is a leading wind in through the south, and a leading wind out through the
north channel.

In answer to your inquiries of the depth of water on the bar, I reply that the
mean depth is about five fathoms; in and outside of it, six and a half fathoms;
distance across it, half a mile, when the current of the river combi^ies with the
tide, the water flows out of the river five miles an hour ; the current against the
flood tide merely neutralize each other. Mean rise of tide, about six feet. The
winds prevail from the north, northwest and west, and moderate during the sum-
mer; during the winter, from west to southeast and stormy. Temperature of the
air is mild as that of Europe in the same latitudes, during the same sea.sons. Se-
curity from winds as good as any harbor that I have ever been in of the same
size. Its defensibility perfectly easy by those in possession of both the cape and
Point Adams. From the cape you can command the north and the Chinook
channels by a raking fire for two and a half miles, whether in approaching or re-
ceding from the cape, after passing it. Every ship is obliged to pass at the near-

^Jl^sj-i is;

1846

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the near-

1846

PROVISIONAL GOVERNMENT.

289

est point within musket shot. You have the same command of the south and
Clatsop channels from Point Adams, and here ships ore obliged to pass within a
half to three-quarters of a mile, and may be subjected to a raking fire in the ap-
proach and receding, after passing. P^ven the temporary occupation of the mid-
dle sands holds perfect control of the passage up the river. A secure harbor may
be reached in Baker's bay, or near the Clatsop shore, within Point Adams, within
three and a half miles of the open sea. Frequently, in twenty minutes after
weighing anchor, we have been out to sea. We were about this time coming out
when the squadron (the Porpoise, Oregon and ["lying Fish] left the river.

Shoalwater bay, to the northward, is the only shelter near the Columbia
river, and that only for small vessels ; for the entrance to it is shoal and intricate.
The harbor of the Columbia river as a seaport, is inferior to none, except New-
port, on the east coast of the United States, in point of security from winds, de-
fensibility, proximity to the sea, 01 capacity as a harbor for vessels of war or com-
merce. In the hands of a maritime power, with all the advantages of pilots,
buoys, lights, and steam tow-boats, it will be found one of the best harbors in the
world.

In addition to my own experience and observation (the results of which are
found in the notes of the survey and marked on the chart), I obtained much in-
formation, confirming mj' opinion, from Mr. Birney, commandijig I'ort George,
formerly called A.storia. JAi\IK.S BLAIR,

Hon. TiiOM.vs H. Benton, Passed Midshipman, U. S. N.

United States Senator.

Mr. Maginn's Statement and Opinion.

Mr. John Maginn, of the city of New York, and since the year 1828, a regu-
lar licensed pilot in the harbor of that city, now president of the Association of
Pilots in New York, and at present in the city of Washington as agent of the
State pilots in their application to Congress, being requested by vSenator Benton
to examine the chart of the mouth of the Columbia, in the library of Congress,
as made upon the surveys and .soundings by the officers under Captain Wilkes,
and to compare tlie same with a chart of the harbor of New York, and to give my
opinion of the comparative merits of the two harbors, do hereby .state and declare:

That I have made such comparison accordingly, and find that the mouth of
the Columbia is the better harbor, and has manifest advantages over the harbor
of New York in all the es.sential points which constitute a good harbor. It has
deeper water on the bar, having four and a half fathoms, without addition of tide
which is there said to be eight feet, while the New York harbur has on the bar but
four fatlioins, without the addition of tide, which is six feet. The bar in the
Columbia is half a mile across, while that of New York is about three-quarters of
a mile. The channel on the l)ar at th" mouth of the Columbia is about 6,000 feet
at the narrowest, and 12,0 w at the widest, and then .shoals gradually on each side-
wliile the channel on the bar off Sandy Hook is about 600 feet and slioals rapidly.
The channel across the l)ar is straight at the Columbia ; tliat of New York is
crooked. As soon as the bar is crossed in the Columbia two channels present
themselves — one at the south, a new chainiel, discovered by Captain Wilkes' ofE-
cers, who made the soundings entirely straight, and deep enough for ships of the
line ; the other, the north, or old channel, being crooked, or rather forming an
elbow, and deep enough for any ship after crossing the bar. Both these channels
arc from 6,000 to 12,000 feet wide or more, and free from shoals; while the New

' 1

i' . ' ' -

1 ', <

- 1 ]

IP-

1 : ' *

290

BROWN S POLITICAL HISTORY.

1846

York channels, after crossing the bar, are narrow and crooked, and beset with
shoals, which require many changes of course of the ship. In accessibility to the
sea, the Columbia is far the best, as it is immediately at the sea, and ships can get
out of the sea into the harbor at once, and also get out at once into the high sea, and
thus more easily elude cruisers in time of war. A great number of good and safe
anchorages are found in the Columbia as soon as the ship enters, and room enough
for thousands of vessels and deep enough for ships of the line.

The bars and banks of the mouth of the Columbia are all of hard sand, and
therefore not liable to shift, and being free from rocks are less dangerous. The
land on each side of the mouth of the Columbia is high and makes a marked
opening into the sea, and confines all the water of the river to one outlet, and,
therefore, would seem easy of defense. There seems to be no points, islands or
bays off the mouth of the Columbia to shelter an enemy's cruisers while lying in
wait to capture vessels going in or coming out ; while the New York harbor pre-
sents such shelters from an enemy. The winds at the mouth of the Columbia are
marke4 regular and steady, blowing six months one way, and six months another;
while the winds at New York are entirely variable, and cannot be calculated upon
by the mariner for any time. The mouth of the Columbia is free from ice, and
also from great heat, the temperature never falling below the freezing point, nor
raising above the summer warmth. The current of the river is said to be strong,
but I cannot see that it offers any serious obstacles. The breakers on each side of
the channel are said to be very great, but with a channel so wide, and a bar so
narrow and free from rocks and shoals, these would be nothing to experienced
mariners. Taking the mouth of the Columbia as it now is — in a state of nature —
without the aid of pilots, buoys, beacons, lighthouses, and steam tow-boats, I
deem it a good harbor ; with the aid of these advantages, I would deem it a far
better harbor than New York, and capable of containing an unlimited number of
ships. In fact, I have never .seen a large river with its waters so well enclosed by
bold shores at its mouth, and making so commodious a bay, large enough to hold
any number of ships; and at the same time small enough to be defended, and
where there were more anchoring and sheltering places for ships, and where they
could be close up to bold shores, and be better under the protection of forts and
batteries. JOHN MAGINN.

Washington City, April 26, 1846.

As the Provisional Government was in need of a seal to be attached
to all legal documents, there was one made, and from the best and
most reliable information that I can obtain, it is believed that Mr.
Hamilton Campbell, formerly connected with the Methodist Mission,
designed the one herewith presented. It was used during the years
i8i.6-7 and a part of 1848, when it was superseded by one brought
out by Judge J. Quinn Thornton. This seal when first used was known
as the ' ' Salmon Seal, ' ' consisting as the cut shows, of the word Oregon
in a half circle, in the middle three sheaves of wheat, underneath a
salmon, and although made at that early day it will be noticed that it
was prophetic in regard to the natural resources of the country. The
sheaves of wheat indicating agriculture, and the salmon, the then un-

r i

1846

PROVISIONAL GOVERNMENT.

291

developed resource of commercial wealth that have brought millions to
the State and coast and spread the name of Oregon all over the civil-
ized world.

The following letter was received by Gov. Abernethy from James
Douglas, Chief Factor of the Hudson's Bay Company, which contained
the first news of the Oregon treaty received in the Territory. Although
meagre, it afforded great relief to the public mind, although not as ex-
plicit as it was wished.

Fort Vancouver, Nov. 3, 1846.
George Abernethy, Esq.,

Dear Sir : Very important news for all parties in Oregon has just been re-
ceived by the barque Toulon, from the Sandwich Islands. It appears that the
boundary question is finally and fully settled. This intelligence rests on the au-
thority of Sir George Seymour, the British commander-in-chief in the Pacific, and
I think may be relied on. I forward a copy of Sir George's communication on the
subject to our agent at Sandwich Islands. The British Government has surren-
dered more than strict justice required ; but John Bull is generous, and was bound
to be something more than just to his promising son Jonathan, who will no doubt
make a good use of the gift. At all events, I am glad to see this vexing question
settled soquietly. The Hudson's Bay Company is fully protected in all its interci-.^.

t,Z_-^t-<^o*«'H/

-i^^C^

[copy.]
Extract from a private letter oj A. Forbes, Esq., Consul at Tepic, to Sir
George Seytnour :

"I send you an American newspaper which Mr. Beckhead has requested to be
forwarded to you, and which shows that the Oregon question is entirely settled;
the 49th degree is to run on the Straits of Fuca, the whole island of Vancouver
being left in the possession of England, and the said Straits of Fuca, Puget's
Sounds, &c., remaining free to both parties. The Columbia river is also free to
both parties until the expiration of the charter of the Hudson's Bay Company, when
the whole to the south of the 49th degree is to belong toAmerica, with the excep-
tion mentioned."

■■;■ i

lli'i

292

brown's POLI'TICAI, HISTORY.

1846

Notes, — The Postmaster General ( of Oregon ), contracted with Mr. Hugh
Burns, to carry the mail from Oregon City to Weston, Missouri, one trip at fifty
cents per letter. Mr. Burns receiving twenty-five \':r cent, on the amount of post-
age that the department receives for sending lettcis eat ., and only fifty cents can
be charged for a single letter.

H. M. Frigate Fishp^ard ( at Vancouver), 42 guns. Captain, J. A. Uuntre ;
Lieutenants, John Rodd, Charles Dyke, Geo. Y. Patterson, Edward W. Lany, Ed-
ward D. Ashe; Marines, Lieuts. Henry H. McCarthy, I'leetwood J. Richards; Master,
Edmund P. Cole ; Chaplain, Robert Thompson ; Surgeon, Thos. R. Duun ; Purser,
Thos. Rowe ; Second Master, James Crosby ; Instructor, Robert M. Jaship ; fourteen
midshipmen ; crew, 350 men.

The Hudson's Bay Company built and launched a sailing vessel at Vancouver,
in June, 1S46, of the following dimensions : Length, 76 feet over all, breadth of
beam iS, 14 feet below, and registered 74 tons.

On June 21, 1846, Dr. John E. Long, Secretary of Territory, was drowned in
the Clackamas river. He was a physician by profession ; came to the United States
from England in 1833, and to Oregon in 1843. He took a firm and decided stand
in favor of establishing the Provisional Government.

June 25, 1846, Jesse Applegate, David Goff, B. F. Burch, John Owen, J. Jones,
W. Sportsman, B. Ausbuan, Robert Smith, Lindsey Applegate, and Mr. Goodhue,
started to survey a route for emigrants through Southern Oregon.

A slight disturbance took place betwceu the Molalla Indians and the white set-
tlers on the Molalla creek about the first of July. Col. James Finley with a corn-
pan)' of voluntecrfi went to the scene of trouble, but their services were not needed.

The citizens celebrated 4th of July at Salem, in a becoming style. Capt. Ben-
nett's company paraded ; the oration was delivered by W. G. T' Vault, and Joseph
Smith, who afterwards was Representative to Congress, read the Declaration of
Independeiice. I am told that one of the toasts at the barbecue dinner was :

" Salem for beauty, Champoeg for pride.

If not for salmon, Oregon Citj' would have died."

TheU. S. Schooner .S/iaivi arrived in the Columbia, July iS, 1846. Her officers
were Lieut. Com'dg. Neil M. Howison ; Lieut. W. S. Schenck ; Acting Master, Jas.
D. Bullock ; Acting Purser, Wm. S. HoUiiis ; Asst. Surgeon, Edward Hudson ; Past
Midshipman, T. McLanahan ; Midshipmen, T. J. Sirens, H. Davidson.

Thr Spectator of Aug. 6th, spys that tliere were lately two cases of trouble with
the Indians. One in Clatsop county in which an Indian was killed, and in Cham-
poeg county, with some Walla Walla Indians, in which two were murdered by
whites for stealing cattle. The editor, H. A. G. Lee, reads the people a severe lec-
ture for not first calling on the Governor. It afterwards turned out that the Clat-
sop Indian tried to kill a white man by the name of Owens while arresting him,
and Mr. Owens shot him.

The following is the estimate of the amount of wheat raised in 1846 in the
Willamette valley : Champoeg county, 60,000 bushels : Tualitin, 30,000 ; Yamhill,
20,000; Polk, i5,(XK) ; Clackamas, Vancouver, Clatsop ami Lewis, 15,000, — total
150,000 bushels.

John H. Couch was appointed treasurer vice Francis Ermatinger resigned,
March 4, 18 1.6. Fredrick Prigg appointed Secretary of Territory vice J. E. Long,
deceased, June 26, 1846. Theopolis M'Gruder elected Territorial Recorder by the
Legislature, Dec. 8, 1846.

T I

1846

Hugh
It fifty
)f post-
its can

)uutre ;
ly, Ed-
Master,
Purser,
ourteen

icouver,
;adth of

wned in
;d States
;d stand

J. Jones,
ioodhue,

vhite set-
th a com-
)t needed,
'apt. Ben-
id Josepli
iration of
as :

^er officers
aster, Jas.
lison ; Past

ouble with
in Chani-
irdered by
severe lec-
,t tfie Clat-
:sting him,

1846 in the
,; Yamhill,
,000, — total

ler resigned,
J. K. lyong,
jrder by the

1846

PROVISIONAL GOVERNMENT.

Election Returns for iS^6.

293

Candidates.

3
"1

c
7t

2
■5

•^_

A'rpie.si'ii/iitnrs —

Hiram Straight

lOI

73
90

95
24

\ I ^ . ly V t j y

W G. 1" Vault

Willi.ini Holmes

Trcasuirr —

Jolin H. Couch

Assessoi —

S. W. Moss

Repyesi-ntativi'\*—

I !•' Williams

37
30

T M'Narv

J C Avery

Representative-—

Heiirv N Peers . .. .. .. ....

45
45
33

Treasurer —

Thoiiiiis r^owe

Sheriff-

Cieorge Aitkeii

Reprei,cnla li?'i's*—

J h Mt'ek

90
65

»3

Rfprrsrn lutrrrs —

112
116

199

139

185
21

15
13

Wui. J linilev

Robt.it N'cwell

I,. X. KiiLclish

W. 11. WiUsoU

T D. KeiztT

A J. Davis

W. li. Howell

Ticasni I'r—

W. I'. [Implies

Sheriff—

\Vm. Martin

Win. Howell

A ssessor —

J C Fruit

Ri'pre.'.i-H.'ii/iTe'*—

Rep>fseiita lires —

.\ J Heiuhree

Thomas JefTervs

C. M Wal'ver

D. Kizlev

Siducv Siuitli

Sherijf—'

J. G. Baker

Henrv Hill

Assessor^

Win . Ne wb V.

S*^

Abj. Heudrick

I \

♦No returns for county officers or vote on election of Circuit Judges from counties indicated
by*

For Legislature to elect Judges : Champoic, 10 ; Yamhill, 5 ; Clackamas, 12; total, 27. People
to elec*. Judges, Champoic, 154 : Yamhill, 97 ; Clackamas, 67 ; total 31S. Counties not voting on this
question, Polk, Vancouver, Clatsop and Tuality.

§■•

ijii

294

brown's political history.

1846

Treasurer's Report.

Amounts due on appropriations of 1844 and 1845, December 1846 —

Balance of appropriation for pay of Legislature % 25 00

Balance due for pay of jurors 54 90

Contingent expenses of the House 43 79

Expenses of supreme and criminal courts 80 00

Governor's salary —whole amount paid ending his last quarter,

October, 1S46 8000

Judge of supreme court, quarter ending, December 6, 1846 50 00

Judge of criminal court, quarter ending December 6, 1846 50 00

Circuit attorney, quarter ending vSeptembcr 12, 1846 136 13

Superintendent of Indian affairs 50 ocj

#389 82

Paid of the above up to date —

P. H. Burnett, Dec. 8th. one-quarter's salary, supreme Judge % 50 00

P. H. Burnett, Dec. 8th, one quarter's salary, criminal judge 50 00

■ $100 00

Balance due J289 82

December 9, i8j6. Signed : JOHN P. BROOKS,

Deputy Treasurer.
Treasurer' s Report. — Stai,<; of the Treasury, December, 1S46.

FUNDS ON HAND.

Amount due by George Abernethy per account $ 81 54

Amount due by John H. Couch, per account 16 92

Amount due by F. W. Pettygrove, per account .- \v 27

Amount due by Hudson's Bay Co. (Vaucouver) 16 42

Total . .-. 5126 15

LIABILITIES.

Amount due Hudson's Bay Co. (Vancouver) % 140 94

Amount collected estate of Evving Young 2,815 00

Amount scrip outstanding at this date not paid 1.879 64

14,835 58

Receipts since December 1, 1.S46, to date —

Taxes from J. R.Jackson, sheriff Lewis county % 34 58

Taxes from J. R.Jackson, sheriff Vancouver county 57 73

Taxes from Wm. Holmes, sheriff Clackamas county 115 00

License paid by R. K. Payne 100 00

License paid by H. M. Winslow 100 00

Absentee taxes paid by J. R. Jackson, Vancouver county -. — 10 00

Total % 407 31

Interest on scrip 359

% 4f'3 72

Balance liabilities $4,431 86

The receipts since December i, 1846, have been paid me wholly in scrip.
Signed : JOHN P. BROOK,

December 9, 1846. Deputy Treasurer.

nr'^Tij

1846

1389 82

$100 00

.$289 82

trer.

1847.

Abkrnethy's rk-Ei.Ection ; Public meetings; Tirst news or the notice
TO Engi,and and the treaty ; Indian trouble at The Dalles ; J.
QuiNN Thornton goes to Washington; Letter to the President;
Nesmith's resolutions; Letter ok Abernethy in regard to them ;
A BILL TO organize Oregon Territory; Officers of Provisional
Government, etc.; Governor Abernethy's message; Buchanan's

LETTER TO ShIVELY; BENTON'S LETTER TO THE CITIZENS OK OREGON;

Douglass' bill to establish a Territorial Government; Notes;
Election returns and reports of officers; Cavuse War.

.$ 81 54
. 16 92

. ii 27
. 16 42

.-)f;i26 15

f4,835 58

% 4'''3 72

.$4,431 86
crip.

surer.

THE year opened with general prosperity for all the settlers in Ore-
gon. Crops were abundant with a good prospective market,
created by the large emigration that was confidently expected in
the fall to increase the demand for supplies. There were also to be
elected a Governor and other officers besides the members of the Leg-
islature ; consequently there was more interest taken in politics than
at any previous time. It was known that Governor Aberneth}- was a
candidate for re-election, and as he had proved himself a cons:ientious
and conservative officer, it was almost a foregone conclusion that he
would succeed himself. Still there was quite a number of the people
who desired that there should be some one elected who was not con-
nected with the dominant church (the Methodist Mission), as they
conceived, whetl'er with good grounds or not is uncertain, that this
church was inclined to run the political as well as the religious affairs
of the community. The non-sectarian element cast about for a can-
didate and selected Hon. A. lyiwrence Lovcjoy as their strongest man
to compete with Governor Ab;:'rnethy. It was expected that the Hud-
son's Bay Company would throw all of their influence for Mr. Love-
joy, and that he, of course, would control the Catholic vote, which,
combined with all who did not affiliate with the Methodi.sts, would
elect their candidate, and thus retire that church from politics to its
legitimate calling of preaching and teaching. The canvas was con-
ducted with spirit, but not as much acrimony as could be expected,

I"!

Hllli

i lis

I !.!;.;

I 11,

III

296

brown's political history.

1847

but with enough to cause some of the non-church members to vote
for Abernethy instead of Lovejoy, as they considered of the two
churches they preferred to live under the Methodist, which was a dis-
tinctively American institution (so to speak), while the Catholic was
composed so larj^^ely of foreigners, that it might be called a foreign
church. Still, if a third candidate had not appeared in the person of
Mr. W. Huested, Mr. I/)vejoy would undoubtedly have been elected.
The following of the new aspirant was small, but enough to defeat Mr.
Lovejoy. The vote cast was: Abernethy, 536; Lovejoy, 520;
Huested, 11 ; scattering 7 ; total, 1074 — Abernethy, 536; against him,
538. In regard to the legislative and other candidates, there was little
interest taken.

The news of the passage of the notice bill to England of the cessa-
tion of joint occupancy, caused great rejoicing throughout the terri-
tory. This raised the question of the propriety of sending a delegate
to Washington to represent the interests of the territory as a lobby
member, as no news of the treaty which had already been made be-
tween the two Governments had been received. This delegate was to
ask Congress to allow all who had settled on land to hold the same
according to the boundaries they had recorded in compliance with their
own law, and not to confine them to section lines and subdivisions.
They also wished to co-operate with the scheme of building a railroad
across the continent to the Pacific ocean, and the delegate would bear
a memorial, signed by the people generally, who had passed over the
route, treating of its practibility. Thej'^ also wished a mail route estab-
lished, and the Columbia and Willamette rivers improved, so that
commerce would be fostered. To set the ball in motion, a public meet-
ing was held -at Oregon City, September 26th, which is here copied in
full from the Spectator, October rsL

A meetiiijj of the citizens of Oregon, for the purpose of takinaj into consider-
ation, subjects concerning their interest nnd welfare, was holilen at the City Hotel
on Saturday evening, .September 26lh. The as-enibly was cilled to order b}' A. L.
Lovejoy, Esq., whereupon Col. Win. J'inley was called to tlie chair, and Geo. L.
Curry was appointed secretary ; after which, Mr. r,ovejoy, with some remarks pre-
sented the following preamble and resolution, wliich was adopted :

Whkreas, The citizens of Oregon territory are fully convinced of the great
importance of a national railroad across the Rocky mountains to this country, and
cannot in justice to themselves forbear the first opportunitv offered to express to
the Congress of the United States, the high admiration in which they hold so
magnificent an enterprise. To commend such a project to that Government, it
would seem to be sufficient for the citizens of Oregon who have mostly crossed the
Rocky mountains, to state in general terms, that the route for such a project is
feasible to insure it the favorable consideration of that Government, or at least

' ' "»!

i847

1847

PROVLSIONAL GOVERNMENT.

897

to vote
le two
•; a dis-
ic was
foreij^n
rson of
ilected.
cat Mr.
', 520;
1st him,
as little

e cessa-
e terri-
lele.i^ate
a loi)by
ade be-
e was to
le same
ith their
ivisions.
railroad
Lild bear
over the
te estab-
so that
lie meet-
copied in

I consider-
^ity Hotel
;r by A . L.
(1 Geo. L.
unrks pre-

tlie great
puntry, and
express to
y hold so
rnment, it
crossed the

project is
or at least

have great weight in establishing a link which will complete a great central chain
of inland communication, connecting the waters of the Atlantic ocean with those
of the Pacific, contributing thereby, in various ways, wonderfully to facilitate
comtnerce and travel, to elevate and enrich this country, to consolidate national
sentiment, and to strengthen the ties which bind the states together as a political
union, therefore

Resolved, That a due regard for the public interest, as connected with this
great measure, reijuires that a committee of five be appointed by this meeting to
take into consideration the ])ropriety of devising some means, whereby a general
expression of opinion from the people in this territory can be had, relative to me-
morializing Congress on this and any other subject.

The following named gentlemen were appointed the committee according to
the resolution : Messrs. I^ovejoy, Col well, Taylor, McCarver and T' Vault.

Mr. N, W. Colwell after addressing the meeting, uilimitted the subjoined res-
olution, which was adopted :

Resolved, That it is expe<lient for the inhabitants of this territory to examine
into the subject relating to the extent and most etiuitable manner in which grants
of land should be made to the early settlers of this country, and after they have
determined thereupon, they ought to memorialize Congress to sanction the same.

General McCarver, with some remarks then introduced the following reso-
lution :

Resolved, That it is the wish of this meeting that measures be taken to com-
municate with our Government at as early a period as practicable, ami that to
effect this object, we believe that primary meetings should be; held in each county
in Oregon, and that delegates be sent to a general meeting to be holdeti at Oregon
City, on the first Monday of November next, to consider all measures which re-
late to our interest, and we would suggest the propriety of sending at least as
many delegates as the county is entitled to representatives.

Mr. P. G. Stewart, after an expression of his views, moved to amend the reso-
lution so as to instruct the delegates to draft a memorial to Congress.

W. G. T' Vault, Ksq., moved the subjoined amendmetit to the amendment,
which, after ho had addressed the meeting, was decided in the affirmative. The
resolution as amended was then arlopted.

Resolved, That we do believe that it becomes our duty as citizens of the United
Slates resident in Oregon, to memorialize or petition Congress upon the subject of
our great wants, and for the purpose of obtaining perfect unanimity, we propose to
hold a convention in Oicgon City, on the first Monday in Noveni ler next, for the
purpose of drafting petitions or memorials to be circulated for the people to sign, and
to devise ways and means of forwarding the same, whether by delegate or other-
wise, and that the citizens be requested to hold meetings in the several counties
for that purpose.

Mr. D. Stewart, with a few remarks, offered the folio ving re.solution, which
was adopted.

Resolved, That one subject of the memorial be, that nothing short of 54° 40'
north latitude be made the boundary of Oregon territory on the north.

It was then, on motion, voted that the proceedings of this meeting be signed
by the chairman and secretary, and published in the Oregon Spectator.

The meeting then adjourned to meet again on Saturday evening, the loth day
of October next, to choose delegates to the convention, &c. &c.

WM. FINLEY, Chairman.

Geo. L. Curry, Secretary.

( s

29'S

hrown's poi iticai. history.

1847

HU\^

iiili

III

ill

The committee to call a general meeting submitted the following :

TO THK CITIZUNS OF ORKOON TRRRITORY,

At a meeting of the citizens of Clackamas county, lield on the eveninj^
of the 26th instant, for tlie purpose of taking into consideration subjects
affecting the general interests of the territory, the undersigned were appointed a
committee to devise means whereby an expression of public opinion might be ob-
tained in relation to memorializing or petitioning the General Government con-
cerning the wants of the country. At that meeting it was determined to hold a
convention of delegates, to beelecteil from the several counties, to meet in Oregon
City, on the first Monday in November next, to decide upon the best method of
communicating our desirL'S to Congress. Accordingly, in furtherance of this ob-
ject, the undersigned would most respectfully urge upon the citizens of the several
counties the propriety and necessity of holding meetings at as early a day as prac-
ticable, to select delegates to attend said convention. The committee, feeling sen-
sibly that the citizens of the territory generally, are well aware of the im])ortance
of this movement, do not, therefore deem it requisite to enter into any argument
to establish the same. Hoping for prompt and unanimous action, the committee
remain very respectfully, A. L. LOVEJOV,

N. W. COLWELI/,
J. TAYLOR,
M. M. McCARVER,
Oregon CiTv, September 29, 1846. W. G. T'VAUI.T.

At the time appointed only three counties sent delegates to the
convention : Charapoeg — W. J. Bailey, F. Bernia, Jo.seph Barnaby
and J. Sanders, all residing in the lower part of the county ; Tualatin
— Hugh Burns and Robert Moore ; Clackamas — Philip Foster, Samuel
McSwain, H. Wright, H. V. . Knighton, S. S. White and J. McCor-
raack. After a stormy session of a few hours, the convention ad-
journed without accomplishing anything, and the matter dropped.

A few days after this meeting, the news came that a treat\' had been
made, but the result did not give general satisfaction, especially that
portion in regard to the Hudson's Bay Company's claims of land and
posts, as they all knew that the Government would be swindled out of
an immease sum of money'. The news was also received that the
President had a full list of territorial officers made out, which f:ict did
not accord with the independent and self-governing spirit of-the people.
They had selected their own officers for .so long a time, they preferred
to continue in that privilege rather than to be governed by imported
officials whc had no interest in common with them. The subject of
sending a delegate was again agitated, or rather, to memorialize the
President, requesting the appointment of officers from among the citi-
zens of Oregon. A convention was called to meet at the new town of
Lafayette, but they were unable to settle among themselves who to
recommend, but finally appointed a committe of three, consisting of

P. H. Bur

to Congrei
obtain sig;
Roland G:
ifornia, an
the raattei
Anoth
dians were
The niutte
the Wascc

O'i Au
The Dalle
some anini
taking son
Waller, wl
objected, £
was killed
chief of t
Mr. Walle
Aram mac

Goven
went to T
Indians,
river up tc
cans or '
were affili:
the massa(

Mr. Jo

sions for C

David Hil

ria ; Chas.

at this tin

"In th
such a way
a more freii
the ' infidel
Whitman h
with Dr. Jol
ton to go to
as the only
yet, on the
tinued pros]
— Oregon 3

■fm»m

.847

PROVLSIONAL GOVERNMKXT.

299

1*. H. Burnett, Geo. L. Curry and A. L. Rice to (Iraujjhl a mcniorial
to Congress setting forth the wishes of the people of Oregon, and to
obtain signatures to the same, and send it to the states by Captain
Roland Galston of the bark Whiton, which was soon to sail for Cali-
ifornia, and from there to be forwarded as occasion occurred, and chus
the matter rested.

Another cause of uneasines was the hostile attitude that the In-
dians were assuming, especially on the east side of the mountains.
The mutterings of hostilities soon broke out into open war, not witfi
the Wascopams, but with the Cayuse tribe as will be narrated further on.

Oii August 22, 1.S47, the first wagons of the emigration arrived at
The Dalles accompanied by ten men. It seems that the Indians stole
some animals that night, and the next day the emigrants retaliated by
taking some of the Indians stock through the advice of Rev. A. F\
Waller, who lived at that place as missionary. To this the Indians
objected, and the affair culminated in a fight, in which a Mr. Sheppard
was killed, and Messrs. Parker and Aram were wounded ; the principal
chief of the Indians ( Wascopams ) was killed, and several wounded.
Mr. Waller took Mr. Parker to his house and cared for him, while Mr.
Aram made his way across the mountains and arrived at Oregon Cit}'.

Governor Abernethy, who was superintendent of Indian Affairs
went to The Dalles and succeeded in making a settlement with the
Indians. But he found that all the Indian tribes along the Columbia
river up to the Cayuse tribe were badly disposed towards the Ameri-
cans or "Bostons." This animosity affected the Nez Perces who
were affiliated with the Cayuses by inter-marriage and culminated in
the massacre of Dr. Whitman and several others in October following.

Mr. John M. Shively arrived the next day with papers and commis-
sions for Cornelius Gilliam, as superintendent of postoffice department;
David Hill as post master at Oregon City, and J. M. Shivelj^ for Asto-
ria ; Chas. E. Pickett as Indian Agent for the Territory. Mr. Pickett
at this time was re.siding in California.

"In the spring of 1847, some Nez Perces Indians annoyed IV'/. vSpalding in
such a way as to prove fatal to his usefuhiess for a time, but as the season advanced
a more frendly feeling was shown, the chiefs professing to deplore the conduct of
the ' infidel party,' and earnestly desiring Mr. Spalding to remain with them. Dr.
Whitman had some misgivings as to his safety, in regard to which he consulted
with Dr. John McLoughlin, and in the spring of 1847 urged Hon. J. Quinn Thorn-
ton to go to Washington to urge the establishment of a Territorrial government,
as the only means of saving his mission from the murderous hands of the savages ;
yet, on the whole he thought that affairs were favorable, and gave promise of con-
tinued prosperity, so that he was preparing to erect a church and other buildings."
— Oregoti A/isst'ons p. ^S.

;iiai

300

BROWN S POLITICAL HISTORY.

1847

As there was no law authorizing the sending of a delegate, it wa .
determined by a few. that some individual should go ?nd urge Con-
gress to take prompt action, especiallj^ as the Methodist Mission was
becoming uneasy about their claim in regard to the Abernethy island
at the Willamette falls or Oregon City. An arrangement was made
with Judge J. Quiiui Thornton by Gov. Abernethy, M. M. McCarver
and Samuel. Parker, the latter two executing a joint note to Thornton
for $300, and a draft on the treasury of the Methodist Missionary society
in New York city for $150 by Rev. George Gay for his expenses, and
about fifty barrels of Hour were contributed by Noyes Smith to be sold
in San Francisco by Thornton as part of his expenses. Judge Thorn-
ton then resigned his office as Supreme Judge of Oregon, and took
passage on the Whiton, Oct. 19, US47, for San Francisco, just eight
days before Dr. Whitman was massacred, and bearing the following
letter to the President.

Oregon City, Oct. 14, 1847.

Sir : I think it would be well for us, an individual people, without authority,
to send a delegate to the Congress of the United Stales to represent our interest,
under the present circumstances ; but we cannot claim the JLirisdictioii of our Gov-
ernment, as our Government has not been extended over us. Neither can wesend
a minister to represent our Government, as we ar» but a temporary fixture, ex-
pecting every few liionths to come under the permanent Government of the United
States. Placed in this predicament we have sent petitions and memorials to Con-
gress, but thus far without much effect. Your Excellency has been pleased to
manifest a deep and untiring interest in our affairs, for which we, as a people, feel
very grateful. But you cannot as a matter of course, fully understand our wants
as no person has been present to represent our case. It seems necessary for some
o!ie who has resided here, and who is somewhat acquainted with its wants and re-
sources to visit \V^ashini;ton. I cannot but l)elieve you would feel relieved from
uncertainty, in having near you a gentleman of education and veracity, whom you
could rely upon for information, as to facts at least.

The bearer, J. Quinn Thornton, Judge of the .Supreme Court, h.as consented to
go to Washington at his own expense, but it is hoped that the Government of tlie
United States will in some way compensate him. And I think that I may h-^ v -
mitted to express the hope that ycmr Kx-'cllency would not deem it inconsistent
with the fiiblic welfare to appoint him to some oflice, the salary connected with
which "ill in som.e degree enable him to realize the just expectations. If, as it has
buen stated by some, you intend fdling the offices of this Territory with the resi-
dents of Oregon ( except the fjovernor). I know of no man in the Territory bet-
ter qualified to fill one of the judgeships than Mr. Thornton.

During the three years past, the Indians have r)ecome alarmed at the number of
America-is that have come to Oregon, and as they are pushed into smaller space,
without selling their lauds, they are becoming dissatisfied and want pay for their
lauds. Some persons have paid them, while others will not. Last summer, the
Indiaiisin the lower country, told a farmer that he must pay them a certain sum
for land, and they were not pacified until I could be sent for. I immediately went
and met the Indians; they appeared, and wanted recompense for their lands and their

1 847

1847

PROVISIONAL GOVERNMENT

301

I, it wa-<
■ge Con-
ion was
ly island
as made
IcCarver
hornton
y society
ises, and
J be sold
2 Thorn-
md took
1st eight
bllowing

4, 1847.
authority,
r interest,
)f our Gov-
an we send
ixture, ex-
the United
als to Con-
pleased to
eople. feel
our wants
y for some
iits and re-
icved from
whom you

insented to
lent of the
lay b- 1 ■ -
iconsistcnl
Jcted with
If, as it has
h tlie rcsi-
rritory bet-

■ numl)crof
dler space,
ly for their
ninier, the
!rtain sum
lately went
Is and their

expectations are pretty high. We told them certain officers would be on here in the
fall, and I quieted them with the thrice told tale ; then they could invite him, as he
will come when the emigrants come in the fall to look after their interests. We asked
them what we should do ? Told them next fall you will be paid." They said, "You
told us so before. We are dying off and soon will be all gone, and then we shall
get no pay or government blankets." How I shall appease them, I do not know.
I am in hopes Mr. [Roth] will arrive here if he has an appointment as Indian
agent, and relieve us in some manner. The above is our condition in the settled
parts of our land. Where bands of Indians reside, if they get no pay, they perhaps
will steal horses or cattle, and in return, some of them may get shot, and lead us
all into trouble. A war with the Indians, you know may be a very troublesome
affair.

This fall a skirmish took place at The Dalles, between four emigrants who
were a short distance ahead of the wagons, and a party of Indians, and it is be-
lieved a white man was killed, and one Indian and also an Indian chief. The In-
dians are very numerous and hostile to the missionaries residing there. They sent
for nie to come and settle the difficulty. I found that nothing had been taken, ex-
cept a few articles of not much value, and insisted on having four cows and some
provisions provided them, to pay for the chief, I told them one white man had
been killed and one wounded, therefore it would not be right to pay anything at
the Indian custom of settling differences is by accepting presents which prevent
hostilities. I proposed to give them one cow and some provisions, if they would
give me four good horses. After some delay, they agreed to this and the difficulty
was settled. They promised not to molest the Americans in any way ; and if any
property was stolen in their neighborhood, to make immediate reparation.

I had not much more than returned to the Willamette, before I heard the In-
dians on the Columbia, near John Day's river, had robbed three wagons. Our
people 'vill come in small parties, and unless a scout pattol party is kept up on the
river while the emigrants arc coming in, they will be insulted, and their teams
stolen .rom them, and sometimes wagons robbed. .A. few mounted men would
keep them quiet and give security while the emigrants were passing through their
country, which is about 200 miles from the place of entering the mountains.

I vvoald make a few suggestions. Should you deem it proper to confer with
Judge Thornton, he will be able to give more information upon subjects connected
with this country than it will be possible for me to give in a written communica-
tion. I may mention some few items. And here let me say the last visit to The
Dalles and tlie Methodist mission, as the importance of the situation is made by
our government a contingency, the vSuperintendent of Indian Affairs, thought the
United States Government would refund the expense, as it was important to pro-
tect American interests and allay the excitement in that distant quarter. With
regard to our wants :

A recognition of all our legislative and judicial acts that are not inconsistent
with the laws which may be p is':ed on organizing a government here. Grants of
land to settlers, land for educational purposes. Appropriations for the transporta-
tion of mails in Oregon ntid to Oregon (we have po.stmasters and an agent, but
no mail). A good steamer at the mouth of the Columbia river to tow vessels in and
out, and a few buoys are wanted, as soon as possible, at all seasons of the year. The
erection and maintenance of a naval depot will be mentioned in the items and pro-
jects of the Government engineers whether a good point can be furnished at the
mouth of the river, and supplies can be furnished for the navy in a very few years.
That a permanent surveying and laying out of a road from the Western States to

> ■

li.

302

brown's political history.

1847

:Mi

Oregon, as a great amount of property is annually lost in consequence of the bad-
ness of the road. An appropriation for the opening and improving such a road,
would be of great benefit to American citizens coming this way. We are under the
impression that a steamer is to ply between Panama and the Columbia river, touch-
ing at California. This would bring us into the civilized world once more.

Two weeks ago, we were gratified with the receipt of your message delivered in
December, 1846. We saw extracts from the message in California and Sandwich
Island papers.but notthe message itself in full until last month. We are very anxious
to know what Congress is doing in Washington as we feel very much interested
in the proceedings. I take the liberty of troubling you with a It.tc;- and shall
close by reminding you of this as a private citizen and not as Gr-e'-.' ■■ ■' Oregor.
Territory, because my intentions would be misconstrued.

I have the honor to be >'<tc.

GEO. ABERNETHY.
To his Excellency,

James K. Polk, President United States.

The sudden departure of Judge Thornton created some surprise
and various rumors soon began to spread, that he and those who paid
his expenses were to obtain all, or at least, the best offices in the terri-
tory. The Legislature met on the first of December, and J. W. Nes-
mith, who was a personal enemy of Thornton, introduced "a resoiutJon
for sending the remonstrance of the house to the President of the United
States, against the appointment of J. Quinn Thornton to an> office in
this territory." The ill-feeling between Nesmith and Thornton was
caused by some letters which the latter had published in the Spec a >,',
in regard to David Goff, Nesmith's father-in-law, stating th.^t he per-
suaded the emigrants to take the southern route, thus subjecting tb^ri.
to great hardship. The resolution was adopted, afterwards reconsidered,
and finally defeated by a tie vote, after a somewhat heated debate, .some
claiming that it was merely an individual affair, and it was preposterous
to pass such resoltitions on an individual ace. The entire delegation from
Clackamas, Messrs. Crawford, White and Wair voted against them.

On December 28th, after the resolutions had been publi.shf G
ernor Abernethy wrote the following letter to President Polk,
assistance after the massacre of Dr. Whitman, which was seni L;
L,. Meek, special messenger to Washington, ac. .)>s the plains :

ov-

i'lg

J-

ORTf"CN CiTv, December 2S, 1847.

Sir: Herewith I beg leave to hand your excellen'^y t ,0 papers, which will
give you some idea of our situation with the . •idia.is of this territory. We are in
hopes that our present distress will cause Congress to act in our behalf.

Some resolutions against J. Quinn Thornton appeared in one of the papers ;
these resolutions the board did not wish published, but the editor was determined
to lay them before the public that they might have an influence,! presume, at
Washington. Mr. Thornton's lady resides in our city, and to save her feelings

' r""?!5j

1847

PROVISIONAL GOVERNMENT,

303

is one cause why the board did not desire the resolutions published, which were
lost in the house and made public through the paper. These resolutions were in-
troduced by a personal enemy and seconded by another, who even last summer
challenged Judge Thornton, and the second one was to second the challenge,
which the Judge very properly paid no attention to. I am happy to say the mem-
bers from the county where the Judge resided nearly all the time he was in this
country, voted against the resolutions, viz.; Messrs. Crawford, Wair and White.
Some of those who voted for them never saw the Judge, and all they knew of
him was from hearsay evidence, and that from those who were anxious to have
the resolutions pass. A great number here want office ; they came here for that
purpose, I believe; though they say no, still they hope to get in.

I feel it a duty to make these few remark.s, and hope you will excuse the lib-
erty I have taken. I feel certain there will be a great effort made to destroy
Judge Thornton at Washington, and hope, with many fellow-citizens the effort
may not succeed. I remain your obedient servant.

To His Excellency, GEORGE ABERNETHY,

jAME.s K. Por.K, President of the United states.

ov-

!nt LyJ.

For the publication of these resolutions Mr. Curry was removed from
the editorial charge of the Spectator, and Mr. A. E. Wait, was ap-
pointed.

Judge Thornton, unconscious of this uproar, proceeded to San
Francisco, where he .sold the flour, furnished as part pay of his ex-
penses. The Whiton then sailed to San Jose, and Lieutenant Bart-
lett, of the sloop-of-war Portsmouth, which happened to be stationed
at that place, came aboard to pay his respects to the captain of the
Whiton, and learning that Judge Thornton was desirous of getting to
Washington as soon as possible, reported the circumstances to Capt,
J. B, Montgomery, who immediately invited the Judge on board, and
gave him a free passage to Boston, where he arrived on May 8, 1848.
On the nth he arrived at Washington, and Senator Douglas intro-
duced him to President Polk, who listened eagerly for news from
Oregon. Other interviews were appointed with the President, and at
his suggestion Mr. Thornton prepared a memorial to Congress setting
forth all the important facts relative to his country, and the wants and
necessities of the people ; especially their desire for organization and
protection under the general Government. This memorial was pre-
•sented by Senator Benton to the Senate, \vas ordered printed and was
received with general favor.

Judge Thornton proceeded to draw up a land bill conforming, as
nearly as po.ssible, to the measures relating to settlement on public
lands in Oregon that had been adopted by the Provisional Govern-
ment, in the absence of any congressional action. In view of the im-
plied promises of Congress, made to secure immigration and settle-

illl

I iitii

304

brown's poutical history,

184/

ment of Oregon by Americans during the period of joint occupancy,
and which resulted in deciding the question of ownershij) to a great
degree, the provisional legislature had authorized the claiming of sec-
tions of land by actual settlers, who were heads of families. This was
confirmed by the passage of the donation latid act. This bill and
amendments to the bill for the admission of Oregon that he found
pending' "■ as the especial labor of the Oregon representative, for the
pending I , eked some points of importance to the settlers of Oregon,

All Congress was interested, the President was favorable, and this
informal representative of the farthest northwest found himself, though
without a dollar in his purse, treated in the most kindly and friendly
manner. It is worth while to notice here the anomalous position
Judge Thornton occupied and the singular interest that was taken in
the Oregon of that day. It is possibly true that no single individual
with so uncertain a position, representing a country so unformed and
remote, has ever visited Washington claiming official recognition. It
is certainly true, that no one ever went there with so little regular
claim to recognition who was accorded so universally not only a hear-
ing, but the unanimous good will and support of all parties while the
question at issue was so fraught with political disagreement. All that
a dozen years later resulted in rebellion, secession and civil war, was
roused to action by the Oregon bill, but Oregon itself commanded the
unqualified respect and united support of all the contending partisans.

There was an anomaly in the case of Oregon that commanded the
admiration of the world and secured for the representative of this
region universal respect and attention. A handful of Americans, who
seemed animated as much by patriotic as personal feeling, had taken
their leave of civiliz^jd life, and with their household pcnatcs had
crossed the wilderness of the mid-continent to make homes on the
bank of the Oregon. Their presence had settled the dispute as to
boundary, and had terminated the long period of joint occupancy.
The world read of this immigration to the Pacific with almost rever-
ence for the few who had dared so much and had reclaimed the beau-
tiful region on the Pacific, not only from savagery, but from British
rule and occupation. The advent in Washington of one of these
greater than Argonauts, as a representative of his fellow Orcgonians,
who had only in time reached the national capital by half circumnav-
igating the entire world ; the fact of a growing community so remote
from trade that they had no money and had only actual barter and ex-
change of products to depend on — all this cast a glamour of romance

1847

PROVISIONAL GOVERNMENT,

305

over the much voyaging representative of far-off Oregon, and made his
presence at Washington not only a welcome event, but gave him in-
fluence and personal magnetism and power that — most fortunately for
Oregon — he proved himself wise enough to use to good advantage.

Such was the condition of affairs at the national capital when the
Oregon bill came up for consideration and action. But when the bill
came up it was found to be a very apple of discord thrown into the
national councils. It contained a clause prohibiting slavery that
aroused the spirit of Calhoun to opposition and arrayed against it the
whole south in a contest that was only ended as the gavel stroke told
that the session was adjourned.

The people of Oregon had twice before that time voted down the
slavery question. They had declared that slavery should not exist in
Oregon. So in drawing up the Oregon bill, he had taken the anti-
slavery clause from the ordinance of 1787, to faithfully represent the
wishes of the people. The slavery interest made overtures to Judge
Thornton to consent that the bill should remain silent on the subject,
and promised unanimous support in case that was done, but he thor-
oughly knew the wishes of the people of Oregon, and the anti-slavery
clause remained a part of the Oregon bill. The measure was attacked
in the Senate by Jeff Davis and Foote of Mississippi, Butler and Cal-
houn of South Carolina, Mason of Virginia, and others of great note,
and was as warmly defended by Houston of Texas, and Benton of
Missouri, as well as by Douglas, Webster, Corwin, Dix and Collamer.
It was a bone of contention for several weeks. Calhoun employed a
morning session, until adjournment, with one of his most command-
ing efforts. He was clear, argumentative and logical ; the Senate and
the large audience were entranced by the force of his reasoning, and
when he closed, silence reigned for somt time, and was only broken
by the motion to adjourn.

The bill passed the Senate by a close vote and went to the House,
where the storm of fiery opposition broke out afresh. But it passed
there, also, in the course of time, and came back to the Senate with
some unimportant amendments towards the close of the session. Then
its opponents rallied again and undertook to kill it by delay, using
every possible expedient known in parliamentary warfare to insure its
defeat, and on this ground the battle was fought over again. Tom
Corwin supported the bill in one of his most telling efforts, and Tom
was not particularly tender towards the slavery interest, even in his
best moods. It was after hearing this speech that Father Ritchie, as

30C

BROWN S POLITICAL HISTOP''

1847

they passed out of the Senate chamber, said to Thornton: "A few
speeches such as that would dissolve the Union."

Congress was to adjourn Monday, August 14, 1848. It was Satur-
day the 12th, and the Oregon bill was under discussion, when Bugler
of South Carolina, moved to go into executive session.

On Saturday, the bill being before the Senate for final action on the
House amendments, the friends of the measure were resolved to vote
down every motion to adjourn until the bill should pass. Adjourn-
ment was to take place on Monday, at noon ; the scene between Butler
and Benton occurred Saturday night at 10 o'clock ; vhen it was over,
Foote arose and announced his intention to keep the floor until Mon-
day noon, the hour of final adjournment. He commenced with scrip-
tural history and continued until two hours after sunrise Sunday
morning, only giving away to motions for adjournment. The friends
of the Oregon bill were in the adjoining room, with a page on guard,
who gave notice of each motion to adjourn, when they filed out and
voted it down. Sunday morning the opposition had tired themselves
out, and gave up the game. Fbote was silenced by his friends, who
became tired of their own folly. The bill passed, though by only a
small vote, and even the support of a number of pro-slavery Senators
was necessary to its success. The organization of Oregon Territory
was provided for, including in its limits what is now known as Utah,
Idaho, and Washington — in fact, all territory west of the Rocky mount-
ains not included in California.

Mr. Thornton called on Calhoun, who was one of the Senate com-
mittee who had the bill in charge, and in several interviews won his
personal friendship and his earnest suppi^rt in framing the bill to suit
the interests of the people of Oregon. All the pro-slavery element
seemed to feel friendly to Thornton personally, and made that fact
manifest. He had great pleasure in the acquaintance he formed with
the " Godlike Daniel" — Senator Webster. The distinguished Senator
from Massachusetts extended his kind regards and an vinlimited promise
to forward to the fullest all that Thornton desired to accomplish for
Oregon. Tom Corwin was especially a champion of the Oregon bill.
He gave Thornton warm personal support, as well as stood manfully up
for Oregon and Oregonians.

The power of the northern press never was more evident than at that
time. Thornton's presence was announced by many correspendents,
and his movements heralded as of importance. He embodied a principle,
and was fortunately able to present it free from personal antagonism and

i847
A few

Satur-
Butler

1 on the
to vote
.djouni-
1 Butler
as over,
til Mon-
,h scrip-
Sunday

friends
1 guard,
out and
;mselves
ids, who
(y only a
Senators
[territory
as Utah,
y mount-
ate com-

won his
ill to suit

element
that fact
med with
i Senator
d promise
iiplish for
egon bill.
xnfuUy up

lan at that
pendents,
principle,
jnism and

1847

PROVISIONAL GOVERNMENT.

307

entanglement. It was a time when public men took sides and no half-
way views were possible. The northern "doughface" got his distinctive
name at that time, and the long struggle grew fierce and hot that was
to culminate in secession and civil war.

In this bill there was the sum of $10,000 voted to the President to
be used in paying the expenses of the messenger, and it was understood
by all that Thornton was to be liberally paid his expenses. During
this time the treaty in regard to the Oregon boundary line was being
considered by the two nations, and Sir George Simpson, Governor of
the Hudson's Baj- Company, was in the city, endeavoring to get the
United States to pa}^ his company $3,000,000 for their possessions in
Oregon, and he had $75,000 to facilitate the sale of their Oregon inter-
ests. President Polk's private secretary, Maj. Knox Walker introduced
Geo. N. Sanders to Judge Thornton, who made an offer of $25,000 if
he would write a note to each of two cabinet officers who were opposed
to paying the company anything, although the President and the rest of
the cabinet were in favor of allowing that sum, and in that condition the
treaty was sent to the Senate for confirmation. In the meantime Walker
had talked with Joe Meek, who had lately arrived from Oregon as special
messenger, who stated that the possessions were worth that amount.
Walker also told Meek about offering the bribe to Thornton, and Meek
in turn mentioned it to several members of Congress and the corres-
pondent of the iV. Y. ifera/c?, who published the whole matter. This
caused some excitement and the Senate rejected that portion of the
treaty. Thus, unwittingly, Meek saved $3,000,000 to the treasury —
less $650,000 that was awarded sometime afterwards by a commission.

After the passage of the Oregon bill. Judge Thornton applied to the
President for some of the appropriation, but was flatly refused. Mr.
Thornton then applied to Senator Douglas to call upon the President,
which he did. and he was in turn refused. Finally Mr. Douglas re-
marked that he would pay Thornton's expenses to remain until Con-
gress convened again and would have a committee appointed to investi-
gate charges that he would bring. On this, the President asked him
to call the next day, which was done, and Thornton received $2,750
but he did not receive the appointment as one of the Judges in the
territory.

The year 1847, was one of remarkable prosperity as far as the ma-
terial condition of the people was concerned, and as a very large immi-
gration had arrived, and the boundary question had been settled, high
hopes were entertained that a Territorial Government would soon be
established by the General Government.

■■ih

3o8

brown's political history.

1847

• '.

The Provisional Legislature met at the usual date as they supposed
for the last time with the following Territorial officers and members of
the Legislature :

Officers of the Provisional Government. — 1847.
Governor, — George Abernetby ; Secretary of Territory, — Fred-
erick Prigg ; Territorial Recorder, — Theopilus McGruder ; Post-
master General,— Wm. G. T' Vault.

The Legislature met at Oregon. City, Dec. 7. 1847.
Champoeg county — Wm. H. Rector, W. H. Reese, A; Chamberlain,
Anderson Cox, and Robert Newell ; Clackamas — M. Crawford, J. M.
Wair and S. S. White ; Polk—]. W. Nesmith, M. A. Ford ; Yamhill
A.J. Hembree, L- Rogers ; Tuality — R. Wilcox, D. Hill, J. L. Meek;
Clatsop — J. Robinson ; Lewis — S. Plamondeau ; Vancouver — H.
W. Peers. Mr. Peers did not attend during the session.

Speaker, Robert Newell ; Chief Clerk, Calvin W. Cook ; Engross-
ing Clerk, J. E. Lyle ; Sergeant-at-arms, Wm. Holmes.

Governor Abernethy sent in his message from which I make the following ex-
cerpta :

" Contrary to the expectation of all who reside in this Territory, you are again
convened under the Provisional Goveninieut of Oregon. After learning that the
boundary line question was settled, there was hardly a doubt resting in the mind of
any individual with regard to the extension of the jurisdiction of the United States
over this Territory'. We have been sadly disappointed, and hope, which was so
fondly cherished, begins to sink into despair in the hearts of many. Our situation
is not a pleasant one, on account of the uncertainty of it. We may be, in less than
six months, under the laws and government of the United States ; and we may, on
the other hand, exist in our present state several years. This uncertainty will, no
doubt, embarrass you in your proceedings. If we remain as we are for any length
of time, ways and means must be devised for raising a more extensive revenue.
The laws should be published in a convenient form ; a fund set apart for treating
with Indians, and many other things provided tor, that we have thus far dispensed
with, but which must be attended to, in order that we may carry out the principles
under which we have associated.

This being the first session of the present Congress, they will have more time
to devote to the formation of a government for this Territory, than at the last ses-
sion. * * These things lead to the hope that among the first acts of
Congress, will be the passage of an act to establish a Territorial Government in
Oregon.

In my message of 1845, I recommended that ''n addition to'gold and silver,
wheat should be the only article used in the country as a legal tender. The Leg-
islature added treasury drafts, and orders on solved' merchants. I would recom-
mend the repeal of that part of the act which mak >. s treasury drafts and orders on
solvent meichants a lawful tender, receiving treasury drafts, however, in payment
of taxes and debts due the government. Gold and silver are much more plentiful

1847

pposed
bers of

— Fred -
Post-

berlain,
d,J. M.
VamhiU
,. Meek;
rer— H.

'ngross-

owing ex-
are again
g that the
emincl of
itcd States
ch was so
r situation
a less than
ra may, on
ty will, no
iny length
revenue,
or treating
• dispensed
principles

more time
he last ses-
first acts of
ernment in

and silver.
The Leg-
)uld recom-
id orders on
in payment
)re plentiful

; r '■' •«■?

■r

1847

PROVISIONAL, GOVERNMENT.

309

in the Territory now, than two years ago, and could be made the only lawful ten-
der without detriment to the community, still, I think wheat had better remain in
connection with gold and silver ; it is a staple article and can always be disposed
of to merchants and others."

Our relation with the Indians becomes every year more embarrassing. They
see the white man occupying their land, rapidly filling up the country, and they
put in a claim for pay. They have been told that a chief would come out from the
United States and treat with them for their lands. They have been told this so
often that they begin to doubt the truth of it ; at all events, they say he will not
come until we are all dead, and then what good will blankets do us ? We want
something now. This leads to trouble between the settlers and the Indians about
him. Some plan should be devised by which a fund could be raised and presents
made to the Indians of sufficient value to keep them quiet until an agent arrives
from the United States. A number of robberies have been committed by the In-
dians in the upper country upon the emigrants as they were passing through their
territory. This should not be allowed to pass. An appropriation should be made
by you, sufficient to enable the superintendent of Indian affairs to take a small
party in the spring and demand restitution of the property, or its equivalent in
horses. Without an appropriation a sufficient party could not be induced to go
up there, as the trip is an expensive one.

I'he emigration the past season has been much larger than any preceding
year, amounting to between four thousand and five thousand souls. They have
all arrived in the settlements, unless a few families should still be at The Dalles
and Cascades, and scattered themselves over the territory. The most of them are
farmers and mechanics, and they add much to the future welfare and prosperity
of Oregon.

During the past year we have been visited by a .number of vessels, some of
them drawing more water than the vessels which ha* o usually visited us. I am
happy to say they received full cargoes on board and crossed the bar in safetj'.
The provisions of the pilot law have been carried out and its good effects are al-
ready visible. The able pilot at the mouth of the river has made himself thor-
oughly acquainted with the channels and currents, thus diminishing the dangers
formerly attending vessels coming into the river. The time is not far distant
when our river will be entered with more ease and facility than many of the ports
of the United States on the Atlantic coast, and captains will wonder why the en-
trance was so much dreaded, forgetting that they are reaping the benefits of ex-
perience. * * * GEO. ABERNETHY.

Oregon City, December 7, 1847.

The Governor recommended that the office of Territorial Recorder
be abolished, and the count}' recorders record all land claims, as the
settlement was extending so far as to cause great expense and loss of
time to go to the office of Territorial Recorder.

The Governor took strong ground against the liquor law and de-
sired a prohibition law enacted instead.

The following letter written b}^ Secretar}' of State Buchanan to
J. M. Shively was circulated through the Territory:

Sir

Department of State, Washington City, March 29, 1847.
On the eve of your departure for Oregon, the President has instructed

■'I

'I '

310

brown's politicai, history.

1847

:l:^

*!{?

me to communicate to you his views in regard to that Territory, so that you may
make them known to its inhabitants. He deems you a suitable agent for this pur-
pose, as you are now an officer of the United States, having been commissioned
deputy postmaster at Astoria.

The President deeply regrets that Congress did not, at their last session, enact
a law establishing a Territorial Government in Oregon. A bill for this purpose
passed the House of Representatives on the i6th of January last by a vote of 133
to 35. It failed in the Senate, not ,as I am firmly convinced, for want of disposi-
tion on the part of a majoritj' to provide a Government for that interesting portion
of the Republic, but because other urgent and important business connected with
the Mexican war did not allow the necessary time before the closing of their short
session, to discuss atid perfect its details. For this reason alone, it was laid upon the
table on the day Congress finally adjourned. It is the intention of the President, in
hip message to Congress in December next, to reiterate his recommendation in re-
gard to Oregon contained in his last annual message. No doubt is entertained
that Congress will, at an early period after their meeting, create a Territorial
Government for Oregon , extending over it our laws relating to trade and inter-
course with the Indian tribes ; establishing custom houses ; making liberal grants
of land to those bold and patriotic pioneers, who, amidst great privation and
dangers, have established their settlements upon the soil.

An earnest of this is afforded by the recent act carrying into effect the recom-
mendation of the President, so far as regards the extension of our postoffice laws
and the grant of mail facilities to our fellow citizens in Oregon. This will appear
from a certified copy now furnished you, of part of the first section, and of the
second, sixth and seventh sections of the act, approved March 3, 1847, " to estab-
lish certain post routes and for other purposes." I am authorized by the Post-
master-General to assure you that all the provisions contained in these sections
will be carried into effect with as little delay as possible. Thus, you will perceive,
that the means have already been provided for the conveyance of public informa-
tion and private correspondence amongst the citizens of our States and Territories
east of the Rocky mountains.

Besides, the late Congress, at their first session by tne act of the 19th of May,
1846, provided for raising a regiment of mounted riflemen, for the express pur-
pose of affording a secure passage through the intervening Indian territory to
emigrants on their way to Oregon and for the establishment of military posts along
the route for their protection.

The people may rest assured that the Government and the people of the
United States will never abandon them, or prove unmindful of their welfare. We
have given a sufficient pledge of this determination by the zeal and firmness with
which, throughout a quarter of a century, our just right to that territory was
steadfastly maintained against the claims of Great Britain, until at last the ques-
tion was finally adjusted between the two powers by the treaty of June, 1846.
That treaty has secured to us the v/hole territory on the continent south of the
parallel of 49°; and this we shall never abandon.

We feel the deepest intrresi in the prosperity of the people of Oregon, Their
brethren on this side of the Rocky mountains regard them with affection ,ind
hope. We can perceive in the not distant future, one or more glorious States of
this Confederacy springing into existence on the shores of the Northern Pacific —
States composed of our own kindred, of a people speaking our own language,
governed by institutions similar to those which secure our own happiness, and

1847

PROVISIONAL OOVKKNMKNT.

311

you may
this pur-
lissioiied

:)ii, enact
purpose
te of 133
■ disposi-
r portiou
:te(l with
icir short
upon the
sident, in
ion in re-
tertained
'erritorial
nd inter-
•al grants
ition and

le recom-
ffice laws
ill appear
nd of the
' to estab-
the Post-
2 sections
[perceive,
; in form a-
ferritories

:h of May,
press pur-
?rritory to
osts along

pie of the
!lfare. We
nness with
ritory was
t the ques-
Juue, 1846.
)uth of the

on. Their
"ectioii and
is States of
-n Pacific —
1 language,
piness, and

extending the blessings of religion, liberty and laws over that vast region. Their
commerce and intercourse with the other States of the Union will confer mutual
benefits on all parties concerned, and will bind them to us, and us to them, in
bonds of reciprocal interest and affection more durable than adamant. Science
has discovered, and enterprise is now fast c^stablishing, means of intercoinmuni'
cation so rapid that, at no distant <lay, a journey from New York to Oregon will
be accomplished in less time than was once employed in traveling from that city
to New Orleans, and important news will be communicated with the velocity of
lightning. Their foreign commerce with the west coast of America, with Asia
and the isles of the Pacific, will sail under the protection of our common flag, and
cannot fail to bear back wealth in abundance to their shores. In the meantime,
we shall watch over their growth with parental care.

The President will direct our vessels of war to visit their ports and harbors as
often as practicable, and to afford them all the protection which they may require;
and Congress, I doubt not, will, at its next session, provide for them a Territorial
Government suited to their wishes and their wants.

Yours very respectfully,

JAMES BUCHANAN, Secretary of State. '
John M. Shivbly, Esq., appointed Deputy Postmaster at Astoria, Oregon Ter-
ritory.

Mr. Shively also brought the following letter from Senator Benton
to the people of Oregon, that was extensiv^ely read and copies made of it
to send to different parts of the Territory, and as all knew he was doing
everything possible for them, it gave encouragement to all. This copy
is from the original now on file in the State Department at Salem :

Washington City, March, 1847.

My friends ( for such I may call many of you from personal acquaintance,
all of you from my thirty years devotion to the interests of your country ), I think
it right to maks this communication to you at the present moment when the ad-
journment of Congress, without passing the bill fit y 'Ur government and protec-
tion, seems to have left you in a state of abandonu.jut by your mother country.
But such is not the case, You are not abandoned. Nor will you be denied protec-
tion unless you agree to admit slavery. I, a man of the South, and a slaveholder,
tell you this. The House of Representatives, as early as the middle of January,
had passed the bill to give you a Territorial Government, and in that bill had sanc-
tioned and legalized your Provisional Organic act, one of the clauses of which for-
ever prohibited the existence of slavery in Oregon. An amendment from the Sen-
ate's committee, to which this bill was referred, proposed to abrogate that prohibi-
tion, and in the delays and vexations to which that amendment gave rise, the whole
bill was laid upon the table and lost for the session. This will be a great disap-
pointment to you and a real calamity, already five years without law or legal insti-
tutions for the protection of life, liberty and property, and now doomed to wait a
year longer. This is a strange and anomalous condition, almost incredil)le to con-
template, and most critical to endure. A colony of freemen, four thousand miles
from the metropolitan Government to prcsevc them. But do not be alarmed or
desperate. You will not be outlawed for not admitting slavery.

Your fnndamental act against that institution, copied from the ordinance of

I App. Globe, ist Ses. ^olli Cong. p. ,)n.

312

bkown's pol,itical history.

1047

1787 ( the work of great nieti of the South, in the j^reat day of the South, prohib-
ited slavery in a territory far less northern than yours) will not be abrogated. Nor
is that the ititention of the prime mover of the amendment. Upon the record of
the Judiciary Committee of the Senate is the author of that amendment, but not so
in fact. It is only midwife to it. Its ai thor is the same mind that generated the
"Fire Brand Resolution, ' of which I send you a copy, and of which the amend-
ment is the legitimate derivation. Oregon is not the object. The most rabid
propagandist of slavery cannot expect to plant it on the shores of the Pacific in the
latitude of Wisconsin and the Lake of the Woods. A home agitation for election
and disunion purposes, is all that is intended by thrusting this firebrand question
into your bill as it ought to be. I promise you this in the name of the South, as
well as of the North ; and the event will not deceive me. In the meantime the
President will give you all the protection which existing laws can enable him to
extend to you, and until congress has time to act, your friends must rely upon you
CO continue to govprn yourselves as you have heretofore done under the provisions
of your own voluntary compact, and with the justice, harmony at ' moderation
which is due to your own character aiid to the honor of the Ameri ame.

I send to you by Mr. Shively, a copy of the bill of the late s^ , both as it

passed the House of Representatives and as proposed to be amended in theSena,te's
vote upon laying it upon the table, and a copy of Mr. Calhoun's resolution ( pos-
terior in date to the amendment, but nevertheless its father) ; also a copy of your
own Provisional Organic act, printed by order of the Senate ; all of which will put
you completely in possession of the proceedings of Congress on your petition for a
Terri .orrial Government, and for the protection and security of your rights.

It' conclusion, I have to assure you that the same spirit which has made me
the friend of Oregon for thirty years — which led me to denounce the joint occupa-
tion treaty the day it was made, and to oppose its renewal in 1828, rind to labor for
its abrogation until it was terminated, the same spirit which led me to reveal the
grand destiny of Oregon in articles written in 1818, and to support every measure
for her benefit since — the same spirit animates me and will continue to do so wiiile
I live — which I hope will be long cnouiih to see .-in emporium of .Vsiatic commerce
at the mouth of your river and a stream of Asiatic trade pouring into the valley of
the Mississippi through the channel of Oregon.

Your friend and fellow-citizen.

THOMAS H. BENTON.

Hon. Richard M. Young, Conitnissioner of the General Land Office,
dated Washington, Nov. 27, 1847, '" ^^i^ report says :

" The propriety of extending our admirable land system over the Territory of
Oregon, attracted considerable attention during the last Congress, and a bill for
that purpose was presented for consideration of the Senate, by the able chairman
of the committee on Public Lands.

By providing for the survey of the rich and fertile lands bordering on the I'a-
cific, in Oregon, and granting ;::nnificent bounties to the present settlers, and to
those who may remove there in a given time, that Territory will soon be settled by
a virtuous, hardy and patriotic people, who, carrying with them the principles of
civil and religious liberty, in which they have been educated, will with their
usual enterprise develop the wealth of that interesting region, perpetuate our in-
stitutions, and extend our commerce."

•7""i!l

164:

1847

PROVISIONAL GOVKRNMENT.

313

Congressional.

On Uecember 23, 1846, Mr. S. A. Douglas, of Illinois, chairman of the com-
mittee on territories, reported a bill to establish a Territorial Government in Ore-
gon, which was twice read and referred to the committee of the whole on the
state of the Union, and made a special order of the day for Tuesday, the 5th of
January next. Mr. Thompson, of Massachusetts, wished to know if there was a
section providing against the introduction of slavery in the Territory of Oregon,
and if not he would introduce an amendment to that effect. To this, Mr. Doug-
las replied, by reading the fourteenth section of the bill, which extended the pro-
visions of the ordinance of 1787 to the Oregon Territory, and said he presumed
the gentleman would find slavery expressly prohibited by that ordinance. The
first portion of section five, elicited considerable discussion by those who were
afraid that the officers or members of the Hudson's Bay Company would become
members of the Legislature and run things to suit themselves and to the detri-
ment of the American interest. IV' 1. Douglas, then proposed a modification of
the section, as follows :

" That every free white male inhabitant above the age of twenty-one, who
shall have been a resident of said territory at the time of the passage of this act,
and shall possess the qualifications hereinafter prescribed, shall be entitled to
vote at the first election ; but the qualifications of voters at all subsequent elec-
tions shall be such as shall be prescribed by the Legislative Assembly ; provided,
that the right of suffrage shall be exercised only by citizens of the United States,
and those who shall have declared on oath, before some court of record, their in-
tention to become such, and shall have taken an oath to support the Constitution
of the United States and the provisions of this act."

The next amendment offered was to the sixth section in regard to incorporat-
ing banks, which was adopted. The seventh, eighth, ninth and tenth sections
were agreed to ; the eleventh Mr. Douglas moved to pay the judges in Oregon
$2,cK)D, but the blank was finally filled at $1,500. Mr. Stephen Adams offered to
amend section twelve by the following :

'•'Provided , That nothing in relation to slavery in this act shall be construed
as an intention to interfere with the provisions or spirit of the Missouri com-
promise, but the same is hereby recognized as extending to all territory which
may hereafter be acquired by the United States."

Mr. Hamlin, of Maine, offered the following amendment to the proviso :
^'Provided, Nothing herein contained on the subject of slavery shall be con-
strued as intending to interfere in anywise with the provisions or spirit of the
Missouri compromise."

Mr. Hamlin said he would vote for the amendment without, however, any
reference to the Missouri compromise. He held that that compromise had noth-
ing to do with the Territory of Oregon. He should vote under the belief that the
compromise had no more application to the Territory of Oregon than it had with
the East Indies. Gentlemen asked him, why then put it into the bill? He
would tell them why ; because, if this were not inserted, sla^ °ry would creep into
this Territory as certainly as ever Satan crept into the garden of Kden. Mr.
Adams withdrew his amendment, and the proviso went with it. Mr. Burt, of South
Carolina, movtd to amend the twelfth section by inserting in the seventh line be-
tween the words " and " and " shall " the following ;

" Inasmuch as the whole of the said Territory lies north of 36° 30' north lati-
tude, known as the line of the Missouri compromise."

il:

Jl!
II'

314

brown's political history.

1847

1 '■

Mr. Burt said : * * * " The moderation and wisdom which averted
a war from the United States and Great Britain by the happy and peaceful ad-
justment of their long protracted controversy about the limits on the northwest
coast of the continent. It was a signal triumph of moderation and justice over
passion and pride. By that treaty they had acquired a territory west of the
Rocky mountains, extending from the parallel of forty-two degrees to the parallel
of forty-nine degrees north latitude. They obtained a country whose area was
sufficient for the formation of four or five States of the medium size. It was a
country which possessed many and important advantages. It had a mild and
genial climate — a generous and fertile soil. It could command the commerce of
Chma, of India, of Japan, and the islands of the South Sea."

Mr. Burt claimed that the IVIissouri compromise did not apply or reach as far
as the Pacific coast. That the causes of acquisition of territory was different.
The Louisiana purchase comprised Louisiana, Missouri, Arkansas and Iowa, audit
was made to obtain control of the Mississippi river, and a concession of mutual
rights resulted in the following as what is known as the Missouri compromise :

"Sec. 8. And be it further enacted. That in all of that territory ceded by
France to the United States under the name of Louisiana, which lies north of 36°
30' north latitude, and included within the State contemplated by this act, slavery
and involuntary servitude, otherwise than in the punishment of crimes whereof
the parties shall have been duly convicted, shall be, and is hereby, forever pro-
hibited; provided always , That any person escaping into the same, from whom labor
or service is lawfully claimed, in any State or Territory in the United States, such
fugitive may be lawfully reclaimed, and conveyed to the person claiming his or
her labor or services as aforesaid." Approved March 6, 1820.

The above is the eighth section of the act of Congress authorizing the people
of Missouri Territory to form a Constitution and State Government and admission
in the Union.

Mr. Leake, of Virginia, presented reasons which would induce him to vote
against the bill, and against all similar legislation. He complained that the
House seemed to ha\e been converted into a magnificent abolition society, and
expressed Iiis fears that the abolitionists, after laying their profane hands on the
altars of religion and the halls of legislation, would next assail the bulwarks of
the Constitution itself, and break like an avalanche on the peace a:ul security of
the entire South, He was sick and tired of compromises ; the South had entered
into maiiy, and they had all been violated. He considered the vote this morning
as an indication that the Missouri compromise was considered as no longer of any
obligation, and an intimation that the institutions of the South were no longer to
be respected.

Thus, it will be seen, that the Oregon bill created a great deal of discussion
and finally passed the House on January t6, 1847, by a vote— yeas, 133 ; nays, 35.

On January iH, 1847, the Senate received from the House the bill to organiz-^
a Territorial Government in Oregon, which was read the first and second time
and referred to the committee on judiciary. The next move was the report of
that committee with several amendments. The third time that the bill came was
on March 3, 1847, just at the close of the second se.ssion of the twenty ninth Con-
gress, and was laid on the table by a vote — yeas, 26; nays, 18. Thus died the hill
after a .strong ])ut short existence.

til

NoTK.S. — Mr. Fred Lee Lewis, who was born in Oregon, when only fifteeJi
years old, rode seventy-five miles between daylight and noon — from old Fort Col-

'r"fi

1847

1 averted
ceful ad-
lortliwest
itice over
st of the
e parallel
area was
It was a
mild and
imerce of

ach as far
different,
wa, and it
of mutual
omise :
ceded by
.rth of 36°
ct, slavery
s whereof
rever pro-
hom labor
;ates, such
ing his or

the people
admission

m to vote
\ that the
)ciety, and
lids on the
lUvarks of
security of
ad entered
s morning
ger of any
D longer to

discussion
; "ays, 35.

organiz,^
cond time
.e report of

1 ciitne was
ninth Con-
ied the bill

inly fifteen
d Fort Col-

1847

PROVISIONAL GOVERNMENT

315

ville to Spokane. He says : " M3' father sent me out on his swiftest horse a few
days after the Whitman massacre to warn the families at the Spokane mission
that the Indians were out and to urge them to come to the fort at once for protec-
tion. Walker's family came up the next day and staid at the fort until the troops
escorted them back in safetj- to the settlements."

The following is the exports from Oregon during the month of April, 1847 :
Hudson's Bay Company's barlt Colujndia, gix> barrels of flour; American bark,
Toulon, 386 barrels of flour, 94,000 feet of lumber; American brig. Commodore
Stockton, 450 barrels of flour, 7,000 feet of lumber ; American brig, Henry, 70,000
feet of lumber, 96,000 shingles; showing a total export of 1,736 barrels of flour,
171,000 feet of lumber and 96,cxx> shingles. — Spectator, May 13, 1847.

On May 13, 1847, Mr. Abernethy announced himself as a candidate for re-
election to the office of Governor. Also, at the same time, Mr. A. S. Lovejoy an-
nounced himself as a candidate for the same office.

THE CAYUSE WAR.

On October 27, 1847, the first general massacre of American fam-
ilies occurred at Waiilatpu, within a few miles of where now stands
the beautiful city of Walla Walla, Washington, but was known then
as a portion of Oregon. There were at the mission about seventy per-
sons, men, women and children. Of which Dr. Marcus Whitman,^
Mrs. Narcissa Whitman, wife of Dr. Whitman, and several others were
killed. The account of the manner will be given in the following pages,
also a history of the war with the reports of officers, and official docu-
ments so far as obtainable. The event aroused the American portion
of the settlers in Oregon to a keener sense of the great danger with
which they were environed. The bold and energetic measures to in-
vade the enemy's country ukI punish the tribe for their crime, was
both unlocked for and a surprise to all the Indian tribes along the Co-
lumbia river. It also demonstrated to them that the Americans were
not women as they had been told and would fight. The first and
a very important movement was the occupation and holding the key
of the whole situation. Wascopam, now The Dalles. There was not
as many whites or Indians killed in this war as is usual, but the moral
effect upon the Indians was as beneficial as if attended with greater
loss of life. There is only one thing that an Indian respects in a white
man, and that is power. That once established, he is peaceable and
friendly, but if the .situation is otherwise, he only holds contempt and
often hatred.

I Marcus Whitman, M. D., was born Sept. .}, 1802, at Rusliville, N. Y., aud was niarriecl, Feb-
ruary, 1H36, to Narcissa Ptentiss, (laughter of Hon. Stephen I'reutiss. She was born at i'rattsburg,
N. Y., March 14, iSoS.—0>eg:o>i Missions.

1 1 if

3i6

brown's political history,

1847

^m-.

The Whitman Massacre.

The causes of this tragedy were numerous and somewhat compli-
cated, and were augmi"'*ing several years anterior to their culmination.
It is my purpose to give the facts as concisely as possible. Dr. Whit-
man settled at Waiilatpu, in November, 1836, apparently under favor-
able auspices, but the Cayuse Indians were naturally of an intracta-
ble disposition, and did not take kindly to religion and agriculture,
and the progress towards civilization was not encouraging. The
reports that were received by the Executive Committee of the Board
of Foreign Mission were of such a discouraging a nature, that they or-
dered the stations at Waiilatpu ( Whitman), Lapwai ( Spalding) and
Kamiah (Eells) to be rbandoned, and a meeting was called to be held
at Waiilatpu. This was attended by Revs. Whitman, Spalding, Eells,
Walker, and Mr. Gray. After a long and earnest consultation, it was
determined by Spalding that he would remain at Lapwai, and Whit-
man that he would hold Waiilatpu. The former was prosperous under
Spalding, and the latter becoming more valuable as a stopping place
for those en route across the plains and to obtain the much needed sup-
plies of vegetables of which they had been deprived while on the trip.
Besides this, the Doctor was an ardent American, and desired to
solve the question of the possibility of bringing wagons from Fort Hall
across the mountains to the Columbia valley, and thus increase the
tide of immigration to the country. To carry out this laudable and
patriotic idea, the Doctor determined to attempt to cross the continent
that winter, against the strong protests of Revs. Walker and Eells, to
lay the church matter before the Board and the value and desirability
of the country before the General Government.

After sending Mrs. Whitman to The Dalles to remain until his re-
turn, on Oct. 3, 1842, in company with Mr. A. h. Lovejoy and an
Indian as guide to Fort Hall, he started upon what proved to be a per-
ilous but successful trip. In an hour or two after leaving the station,
an incident occurred that nearly terminated the proposed trip forever.
The Cayuse Indians supposing that the Doctor was going to leave
them entirely, blocked the way and demanded that he should return,
claiming that he had made several promi.ses that he had not fulfilled,
among them that he had not built a grist mill or raised as much grain
as they expected, and recalled quite a number of frivolous promises that
he had unfortunately made, and in the multiplicity of his affairs had
forgotten, but they had not. The truth was that the Board of Foreign
Missions had not sustained him as they should. These complaints of

!.!"•' W

jfl'i Jl

1847

PROVISIONAL GOVERNMENT.

317

the Indians were not made on account of love and respect for the
Doctor, but from mercenary motives. The Indians have never enter-
tained such sentiments for the white man. Through interposition of
some of the more friendly members of the tribe, the Doctor was allowed
to continue his journey, an account of which is given by Mr. Lovejoy
in a previous chapter.

On the return of the Doctor Sept. 25, 1843, after bringing wagons
across the mountains ; he found that the Indians had during his ab-
sence, burned his saw-mill, torn down his fences and damaged his
buildings to a considerable extent. They received him in a sullen mood.
This was the first sowing of the seed which engendered bad feeling,
and like a malignant disease frew and gathered strength as it preyed
upon its doomed victim. Another very unfortunate circumstance oc-
curred which greatly increased the Doctor's perplexities, and that was
the visit of Dr. E. White as sub-Indian agent to hold a council with
the Cayuses. He gave them a code of laws, about as binding and op-
pressive to the Indians, as the "Blue laws of Connecticut" were in
their time. These after a T:reat deal of discussion and ill-feeling in the
council were adopted. 1 aen to cap the climax, he caused Ellis, an
overbearing and arrogant Indian to bt- elected chief with twelve sub-
chiefs, who enforced these laws rigorously. This visit of Dr. White
may be considered as another link in the chain of c rcumstances leading
to the unfortunate finale. The insults and indignities heaped upou
the Doctor would have driven any other man away. Once several In-
dians entered his house and proceeded to break up his furniture and
were in the act of breaking down the door to Mrs. Whitman's private
room, when the timely arrival of some white men undoubtedly saved
their lives. At another time an Indian three time- knocked the Doc-
tor's hat off of his head snd stamped it into thi mud. If the good
Doctor had promptly knocked his aggressor down, it would have caused
them to respect him more, for Indians admire braverj^.

Shortly after the Doctor's return, dissensions arose among the In-
dians in regard to religious matters. A large number of them and
all of the Hudson's Bay people joined the Catholic church. The
showy ceremonies of that church were more attractive than the plain,
and not very comprehensible one of the Protestants. The Cath-
olics did not insist upon the Indians quitting the more natural roving life
and settling down to agriculture and raising cabbage ( so to speak ) for
prizes at the annual fair.s. The Catholics made no pretensions of
changing their mode of life, nor desiring any land, not caring whether
they lived in wigwams or houses, but to gain an influence over them

318

brown's political history.

1847

through their religion. There is no doubt that if the Catholics had con-
fined themselves to the neighboring tribes and not invaded Dr. Whitman's
mission or Cayuse Indians, there would have been less cause of trouble.
I do not mean to be understood as condemning the Catholic religion,
but cannot help thinking that their zeal overran their judgment, and
unintentionally did a great wrong. There is another point that has
been overlooked in the bitterness of the discussion that was carried on
for years, and that was the fact, that Messrs. Whitman and Spalding had
official permits to come to Oregon as missionaries from the U. S. Govern-
ment, while the Catholic priests were not armed with that authority, and
were all foreigners, and considered as an auxiliary of the Hudson's Bay
Company, being under their protection and the Indians were made to so
understand. There is no doubt but that Dr. Whitman considered the
Catholic priests as interlopers.

The Indians also became uneasy in regard to their land, fearing
that the Americans would take it away and not pay them for it, while
the Catholics, or Hudson's Bay Company, pretended that they did not
want land This weapon was used with great effect against the Amer-
icans, as there were rumors among the Indians that there w-.re a great
many more coming for the purpose of settlement. This was the con-
dition of affairs until the fateful year 1847. When the large immi-
gration arrived it was attended by the measles, a disease not necessarily
serious, but spreading among the Indians was the cause of considerable
fatality — being aided by their sweat-house and cold bath system of
treatment, ^ making the disease as fatal as smallpox. Dr. Whitman un-
dertook to cure them with the same medicine that he was giving to his
white patients, without the care and conditions that were necessary for
their recovery. The white patients recovered while the Indians died.
As was natural, aided by ignorance, the suspicion soon arose that he
was poisoning them, which fallacy was used to great effect by Joe
Lewis, an educated half-breed Cherokee, who had come that year with
the immigration from Fort Hall and who was a Catholic. He told

I The Indian sweathouse is constructed as follows: A circle about eight feet in diameter is
marked on the ground near the bank of some deep hole in a stream of water. Willow branches
are then set in the circle and drawn together at the top and tied, then a covering of grass and small
fir branches are woven in the willow frame, then a coating of clay and mud about four inches
thick is plastered over the first covering and allowed to dry, but if the weather is stormy the sweat
house is protected by blankets, etc. There is only one small entrance, which is carefully closed up
with a blanket after the patients have entered, disrobing and seating themselves in a circle, pack-
ing themselves closely. Then a fire is built in a small pit in the center of the house. The Indians
now commence singing and pounding on ahuost anything that will make a noise, and exercising
themselves as much as possible, which, aided by the heat of the fire, soon causes them to become
very warm and reeking with perspiration, then they crawl out of the house, and with one or two
bounds plunge head foremost into the ice-cold stream. Death invariably followe<l in a short time,
and I was told by one person that he knew of an Indian man who did not reach the shore.

1 847

had con-
litman's
trouble,
religion,
ent, and
that has
irried on
iing had
Govern -
rity, and
m's Bay
ade to so
ered the

fearing

it, while

■ did not

le Amer-

e a great

the con-

^e imrai-

icessarily

;siderable

ystem of

tman un-

ing to his

essary for

ans died.

: that he

:t by Joe

year with

He told

I diameter is
low branches
iss and small
it four inches
tiiy the sweat
illy closed up
I (jircle, pack-

The Indians
lid exercising
L-m to become
H one or two

a short time,
liore.

1847

PROVISIONAL GOVERNMENT.

319

them that the doctor was poisoning them for the purpose of obtaining
their land, and unless they killed him and all the Americans, they
would do as they had done with his own people — send a few mission-
aries at first, to be followed by thousands of Americans, who would
drive *hem from their country. He said that he had overheard a con-
versation between Whitman and Spalding, in which the proposition
was made to poison the entire tribe and gain possession of the country.
Now if they would rise and kill all in their portion of the country,
they could go to the Willamette valley and "clean out" the whole
settlement, and that they could get all the powder and ball that they
needed from the Hudson's Bay Company. By this species of argu-
ment, assisted by the various other circumstances before enumerated,
the fiend in human shape was the controlling spirit in the massacre.

Mr. Archibald McKinley, a firm friend of the doctor, had warned
him to abandon the mission, but he did not desire to leave the field
open to the Catholics, who had, as he considered, invaded his mission
for the purpose of driving him away. But the surrounding circum-
stances, aided by the measles and Joe I^ewis, were more than the doc-
tor and his heroic wife and dependents could withstand.

Dr. McLoughlin testified in the Indian trial of Dr. Whitman's mur-
derers, at Oregon City in 1849, " that he had warned Dr. Whitman in
1840 and 1 84 1 of his danger, as the Indians did kill their own medi-
cine men." And early in 1847, while in Oregon City, Dr. Whitman
urged Judge Thornton to go to the States and prevail upon our Gov-
ernment to provide some protection for his mission ; and that was a
great incentive for sending Judge Thornton to the States that fall.

On November 27, 1847 (a few days over eleven years from the estab-
lishment of the mission), the massacre occurred. There were .seventy-
two persons all told at the mission, of whom quite a number were im-
migrants, who were en route to the Willamette valley. At about two
o'clock p. M., a short time after school had been called, two Indians
came into the room where the doctor was sitting and reading and
called for some medicine ; the doctor took a seat by one 01 them and
was in the act of giving him the potion, when the other Indian stepped
up behind the doctor and, drawing a pipe tomahawk from beneath his
blanket, buried it twice in the Doctor's brain, killing him instantly.
The slaughter now began, and Joe Lewis, firing through a window,
shot Mrs. Whitman through the right breast. She lingered a few hours
before death relieved her, and spoke of her father and mother and
prayed for her adopted children, now twice left orphans. While this

320

brown's POI.ITICAL HISTORY.

1847

;«

ISH

scene of carnage was being enacted at the house, several men some dis-
tance away, engaged in dressing a beef, were attacked, only one, Mr.
Canfield, making his escape. The victims were Doctor and Mrs.
Whitman, Messrs. Rogers, Saunders, Marsh, Kimball, Gill, Gitten,
Young, John and Francis Sager, two sick men, Bewley and Sales.
Excepting Mrs. Whitman, none of the wouiv.r or children were killed.
Mr. Osborn and family (who had hid under the floor), Messrs. Hall
and Canfield, Mrs. Hayes and two of the adopted children of the doc-
tor's succeeded in concealing themselves in the confusion and finally
escaped. Mr. Hall was the first to reach Fort Walla Walla and re-
ported the massacre, but was refused protection by Wm. McBean, who
was in charge of the fort, but had Mr. Hall put across the Columbia
river, and he is supposed to have been murdered, as he never was seen
afterwards. Mr. Osborn, who after this lived for several years in Linn
county, states that he escaped with his wife and children, and travel-
ing by night and hiding by da}', succeeded on the third night in reach-
ing Fort Walla Walla with one child, leaving the rest in hiding, but
was refused admittance or assistance of any kind, Mr. Stanley, the
artist, who happened to be present, let him have two horses and em-
ployed an Indian to go with Mr. Osborn to rescue his family. When
he again returned, he was refused admittance, and upon Mrs. Osborn
declaring that she would die at the gate (as she had been sick for some
time before the massacre) McBean finally admitted them, and put the
family in a dark, cold room without any bed or other furniture, even
refusing to loan the family a blanket, saying that he would sell them
some out of the store. Mr. Osborn bought a pair, which was all the
bedding his sick wife and children had until Mr. Ogden arrived and
took them away. This heartlessness of McBean at that time is
explicable only on the theory of cowardice and hatred of the Ameri-
cans in general and this mission in particular. There has never been
a doubt of any who knew McBean, but that he was cognizant of
the great danger of the mission, and that they were liable to be mur-
dered. Knowing this, he could have warned the doctor in time and
in such a manner that he would have heeded it. This would have
been the means of saving many lives, as well as much suffering to
those who finally escaped. He could even have deterred the Indians
from the crime by the influence he possessed through the Hudson's
Bay Company. It is not my desire to revive old animosities, in regard
to the Catholic influence in this lamentable affair, but that they had
entered that particular field, one that had been occupied by Dr. Whit-
man for over eleven years, is a well-known fact, and that the day after

"r"'!'!

1847

ome dis-
one, Mr.
nd Mrs.
, Gitten,
d Sales.
re killed.
irs. Hall
the doc-
id finally
I and re-
ean, who
Columbia
was seen
in Linn
d travel-
in reach-
ding, but"
nley, the
and em-
. When
5. Osborn
for some
i put the
ure, even
sell them
as all the
rived and
t time is
e Ameri-
ever been
fnizant of
o be mur-
time and
mid have
fFering to
e Indians
Hudson's
in regard
they had
Dr. Whit-
: day after

1847

PROVISIONAL GOVERNMHNT.

321

the massacre, in adminivStering the church rites, even before visiting
the scene of carnage and viewing the dead, they evinced, to speak
mildly, a want of Christian philanthropy. This church, continuing
to press their object, succeeded in getting religious control of this
same tribe, when they were placed on the Umatilla reservation by the
general Government.

November 30th, McBean wrote a letter to Chief Factor James Doug-
las, at Fort Vancouver, and evidently instructed the messenger not to
communicate the fact to Mr, Hinman, who was living at The Dalles.
At least, Mr. Hinman was not told, and the messenger said he acted
as instructed ; thus several more lives were endangered. This letter of
McBean is published further on.

As soon as the news reached Fort Vancouver, Peter S. Ogden, second
in commaad, left for Fort Walla Walla, December 7th, with a large party
to rescue the captives. Reaching that place on the 19th, and calling the
chiefs together on the 23d, he held a council, which lasted all day-
Mr, Ogden' s address assured them that his company did not intend to
assist them in the least, but their best move would be to give him all
their captives and he would pay them well. By taking a firm and de-
cided stand he succeeded in enforcing compliance with his demands.
The following is a list of the captives ransomed : Missionary children
adopted by Dr. Whitman, viz.: Mary T, Bridger, Catherine Sagar,
aged 13 years, Elizabeth Sagar, 10, Matilda J, Sagar, 8, Henrietta
N. Sagar, 4, Hannali h. Sagar, Helen M. Meek' (the two last named
died soon after the massacre). From Du Page county, Illinois : Joseph
Smith, Mrs. Hannah Smith, Mary Smith, 15 years, Edwin Smith, 13,
Charles Smith, 11, Nelson Smith, 6, Mortimer Smith, 4. From Ful-
ton county, Illinois: Mrs. Eliza Hall, Jane Hall, 10 years; May Hall,
8, Ann E. Hall, 6, Rebecca Hall. 3, Rachel Hall, i. From Osage
county. Mississippi: Elam. Young, Mrs. Iiene Young, Daniel Young,
21, John Young, 19. IVom La Porte county, Indiana: Mrs. Hirriet
Kimball, Susan Kimball, 16, Nathan Kimball, 13, Byron M. Kimball,
8, Sarah S. Kimball, 6, Mince A. Kimball, i. From Iowa: Mrs.
Mary Sanders, Helen M. Sanders, 14, Phoebe L. Sanders, 10, Aifred
W, Sanders, 6, Nancy I. Sanders, 4; Mary A. Sanders, 2; Mrs. Sally
A. Canfield, Ellen Canfield, 16, Oscar Canfield, 9, Clarissa Canfield,
7, Sylvia A. Canfield, 5, Albert Canfield, 3. From Illinois: Mrs.
Rebecca Hays, Henry C. Hays, 4, also, Eliza Spalding (daughter of
Rev, H, H. Spalding), Nancy E, Marsh, Lorinda Bewley,

I Helen M. Meek was a child of Jo 1,. Meek.

\\ \

322

brown's political history.

1847

f: ^Mi

The ransom was sixty-two blankets, three point ; sixty-three cotton
shirts, twelve company guns, six hundred rounds of ammunition,
thirty-seven pounds of tobacco, twelve flints. The Indians surrendered
seven oxen, large and small, and sixteen bags coarse flour that be-
longed to the mission. The next day Rev. Mr. Spalding was escorted
to the fort by two Nez Perce chiefs and a body guard, and joined the
Ogden party, which started for Oregon City on January i, 1848, which
they reached in safety on the 19th, amid great rejoicing of the people.

Mr. Spalding at the time of the massacre, was at the Umatilla, about forty
miles distant and did not learn of it until he was within about three miles of the
mission station, when he met a Catholic priest, who informed him of the disaster,
whereupon he turned and fled by a circuitous route towards his own station. He
was pursued by an Indian who intended to kill him ; but by traveling by night
and hiding in the day time, he managed to escape, though at one time the Indian
was within a few yards of him. The second night his horse left him and he was
obliged to travel on foot. His boots so hurt his feet that he was obliged to cast
them off, and he had no food except such as he could find on the way. Thus he
traveled nearly 120 miles, and it was not till the seventh night he reached home,
in great physical suffering, much to the relief of his wife, who thought he had
been killed. He found his premises had been plundered by hostile Nez Perces,
but his wife was protected by friendly chiefs of the same tribe. — History of In-
dian Missions, p. 501.

When the Hou.se met at 2 p. m., on the second day, Gov. Aber-
nethy sent the following special message.

Oregon City, Dec. 8, 1S47.

GknTlrmen : It is my painful duty to lay the enclosed communication l;e-
fore your honorable body. It will give you the particulars of the horrible mas-
sacre committed by the Cayuse Indians on the residents of Waiilatpu. This is one
of the most distressing circumstances that has occurred in our Territory, and one
that calls for immediate and prompt action. I am aware that to meet this case
funds will be required, and suggest the propriety of applying to the Hudson's Bay
Company and the merchants of this plac: for a loan to carry out whatever plan
you may fix upon. I have no doubt but the expense attending this affair will be
promptly met by the United States Government.

Ihe wives and children of the murdered persons, the Rev. Mr. Spalding and
family, and all others who may be in the upper country, should at once be prof-
•fered assistance, and an escort to convey them to places of safety.

I have the honor to remain gentlemen, your obedient servant.

GEORGE ABERNETHY.

?!?'y.

Fort Vancouver, Dec. 7, 1847.
George Abernethy, Esq.,

Dear Sir. — Having received intelligence last night by special express from
"Walla Walla, of the destruction of the missionary settlement at Waiilatpu, by the
Cayuse Indians of that place, we hasten to communicate the particulars of that
dreadful event, one of the most attrocious which darkens the annals of Indian
crime.

1847

:e cotton
unition,
endered
that be-
escorted
ined the
8, which
i people.

)out forty
les of the
e disaster,
tion. He
by night
he Indian
id he was
;d to cast
Thus he
led home,
lit he had
ez Perces,
ory of In-

)v. Aber-

8, 1847.
ication ^)e-
rrible mas-
This is one
■y, and one
et this case
dsou's Bay
atever plan
fair will be

lalding and
;e be prof-

v'ant.
NETHY.

7, 1847.

press from
itpu, by the
ars of that
s of Indian

1847

PROVISIONAL, GOVERNMENT.

323

Our lamented friend, Dr. Whitman, his amiable and accomplish; d lady, with
nine other persons, have fallen victims to the fury of those remorseless savages,
who appear to have been instigated to this appalling crime by a horrible suspicion
which had taken possession of their superstitious minds, in consequence of the
number of deaths from dysentery and measles, that Dr. Whitman was silently
working the destruction of their tribe by administering poisonous drugs, under the
semblance of salutary medicines. With a goodness of heart and benevolence truly
his own, Dr. Whitman has been laboring incessantly since the appearance of the
measles and dysentery among his Indian converts to relieve their sufferings : and
such has been the reward of his generous labors.

A copy of Mr. McBean's letter herewith transmitted, will give you all the par-
ticulars known to us of this indescribably painful event. Mr. Ogden, with a strong
party, will leave this place as soon as possible for Walla Walla, to endeavor to
prevent further evil ; and we beg to suggest to you the propriety of taking instant
measures for the protection of the Rev. Mr. Spalding, who, for the sake of his
family, ought to abandon the Clearwater mission without delay, and retire to a
place of safety, as he cannot remain at that isolated station without imminent risk,
in the present excited and irritable state of the Indian population.

I have the honor to be, sir, your most obedient servant.

JAMES DOUGLAS.

"Fort Nez Perces, Nov. 30, 1847.
To the Board of Managers :

Gentlemen. — It is my painful duty to make you acquainted with a horrible
massacre which took place yesterday at Waiilatpu, about which I was first apprised
early this morning by an American by the lame of Hall, who had escaped, and
who reached this place half naked and covered with blood, as he started at the out-
set ; the information I received was not satisfactory. He, however, assured me
that the Doctor and another man were killed, but could not tell us the persons
who did it, and how it originated. I immediately determined on sending my in-
terpreter and one man to Dr. Whitman's to find out the truth, and if possible, to
rescue Mr. Manson's two sons and any of the survivors. It so happened that be-
fore the interpreter had proceeded half-way, the two boys were met on their way
hither, escorted by Nicholas Finlej-, it having been previously settled among the
Indians that these boys should not be killed; as alsD the .\merican women and
children. Tilokaikt is the chief who recommended this measure.

I presume that you are well acquainted that fever and dysentery have been
raging here in the vicinity, in consequence of which a great number of Indians
have been swept away, but more especially at the Doctor's place, where he had at-
tended upon the Indians. About thirty souls of the Cayuse tribe died, one after
another, who evidently believed the Doctor poisoned them, and in which opinion
they .vere, unfortunately confirmed by one of the Doctor's party. As far as I have
been able to learn, this has been the sole cause of the dreadful butchery. In or-^e*-
to satisfy any doubt on that point; it is reported that they requested the Doctor to
administer medicine to three of their friends, two of whom were really sick, but
the third feigned sickness, and that the three were corpses the next morning.
After they were buried, and while the Doctor's men were employed slaughtering
an ox, the Indians came one by one to his house, w' h their arms concealed under
their blankets, and, being all assembled, commenced firing on those slaughtering the
animal, and in a moment the Doctor's house was surrounded; the Doctor, and a
young lad brought up by himself, were shot in the house. His lady, Mr. Rogers,

324

brown's political history.

1847

\t, 1!

and the children had taken refuge in the garret, but were dragged down and dis-
patched ( excepting the children ) outside, where their bodies were left exposed

" It is reported that it was not the intention to kill Mr. Rogers, in consequence
of an avovvel to the following effect, which he is said to have made, and which
nothing but a desire to save his life could have prompted him to do. He said ' I
was one evening lying down, and overheard the Doctor telling Rev. Mr. .Spalding
that it was best that you should all be poisoned at once, but that the latter told
him it was best to continue slowly and cautiously, and between this and spring not
a soul would remain, when they would take possession of your lauds, cattle and
horses.' These are only Indian reports, and no person can believe the Doctor ca-
pable of such action without being as ignorant and brutish as the Indians them-
selves. One of the nmrderers, not having been made acquainted with the above
understanding, shot Mr. Rogers."

" It is well understood, that eleven lives were lost and three wounded. It is
also rumored that they are to make an attack upon the fort ; let them come if they
will not listen to reason ; though I have but five men at the establishment, I am
prepared to give a warm reception ; the gates are closed day and night, and bas-
tions in readiness.

In company with Mr. Manson's two sons was sent a young half-breed lad
brought up bv Dr. Whitman ; they are all here and have got over their fright.

The ringleaders in this horrible butchery are Tilokaikt, his son, Big Belly,
Tamsaky, Istacus, Towmoulisk, etc. I understand from the interpreter that they
were making one common grave for the dead. The houses were stripped of every-
thing in the shape of property, but when they came to divide the spoils they all
fell out among themselves, and all agreed to put back the property. I am happy
to state the Walla Walla chief had no hand in the whole business. They were all
the doctor's own people — the Cayuses. One American shot another and took the
Indians' part to save his own life.

Allow me to draw a veil over this dreadful affair, which is too painful to dwell
upon, and which I have explained conformably to information received and with
sympathizing feelings.

I remain with much respect, your most obedient servant,

WIIvLIAM McBEAN,

N. B. — I have just learned that the Cayuses are to be here to-morrow to kill
Serpen Juane, the Walla Walla chief. W. McB.

Names of those wfho are killed : Dr. Whitman, Mrs. Whitman, Mr. Rogers,
Hoffman, Sanders, Osborn, Marsh, John and Francis Sager, Canfield and a sailor,
besides three that were wounded more or less — Messrs. Kimball and another whose
name I cannot learn. W. McBEAN.

l!i i

Fort Vancouver, December 4,' 1847.
Mr. George Abernethy —

Drar Sir : A Frenchman from Walla Walla arrived at my place on Saturday,
and informed me that he was on his way to Vancouver, and wished me to assist in
procuring him a canoe immediately. I was very inquisitive to know if there was
any difficulty above. He said four Frenchmen had died recently, and he wished
to get others to occupy their places. I immediately got him a canoe and con-

I Evidently a mistake in date.. It should be the 7th at lea.st.

184:

PROVISIONAL GOVERNMENT.

325

eluded to no [a company with him, in order to get some medicine for the Indians,
as they were dying off with measles and other diseases very fast. I was charged
with indifference. They said we were killing in not giving them medicine,
and I found if we were not exposing our lives, we were our peace, and conse-
quently I set out for this place. This side of the Cascades I was made acquainted
with the horrible massacre that took place at Waiilatpu last Monday. Horrible to
relate! Dr. and Mrs. Whitman, Mr. Rogers, Mr. Osborn, Mr. Sanders, a school
teacher, t""0 orphan boys (John and Francis Sager), together with all the men at
that place — eleven in all. Some are living at the sawmill, which is situated about
twenty miles from the doctor's. A party set out for that place to dispatch them ;
also, a party for Mr. vSpalding's to dispatch them ; and thej are not satisfied yet,
but a party is said to have started for my place, and has, if true, reached there be-
fore this time. Oh ! liad I known it when I was at home. I can neither sleep nor
take any rest on account of my family and those with them, viz.: my wife and
child, the doctor's nephew. Dr. Saffron, and Mr. McKinney and wife. If I had
ten men I could defend myself with perfect ease, by occupying the meetinghouse,
which is very roomy and close. You see my situation, as well as Mr. Spalding's.
I have perfect confidence in your doing all you can to get a party to come up and
spend the winter there, and likewise to go to the women and children and Mr.
Spalding if alive, which I think is very doubtful. Delay not a moment in sending
a few men for my protection; a few moments may save our lives. I expect to
leave to-morrow for home, and perhaps the first salutation will be a ball. My family
is there and I must return if it costs me my life. We are in the hands of a merci-
ful God, why should we be alarmed ? I will close by saying again, send a small
force immediately without the delay of one day. Farewell. Yours truly,

AI.ANSON HINMAN.

It seems a little strange that Mr. McBean should put so much stress
upon an Indian report that Mr. Rogers had told the Indians that Dr.
Whitman had laid a plot to poison them. If so, why did he not give
explicit orders that the settlement at The Dalles should be warned ?
Mr. McBean never did explain those two incidents satisfactorily.

The reading of the Governor's message and the two letters above
produced intense excitement, and Mr. Meek moved that the communi-
cations be referred to a committee of the whole house, which motion
was lost. Mr. Nesmith offered the following, which was adopted :

Resolved That the (Governor is hereby required to raise arms and equip a
company of riflemen, not to exceed fifty men, with their captain and subaltern
officers, and dispatch them forthwith to occupy the mission station at The Dalles,
on the Columbia river, and to liold possession of the same until reinforcements
can arrive at that point, or other means be taken as the Government may think
advisable.

On the morning of December 7th P. S. Ogden left Fort Vancouver,
wath a ^ arty of sixteen men who proceeded with all dispatch, and ar-
rived at Fort Walla Walla on the 19th of December, and immediately
sent out summons to the Cayuse chiefs to meet him. After waiting
fotir days a council was held which lasted all day, and they finally

I 1

326

BROWN S POLITICAL HISTORY.

1847

agreed to surrender the captives upon paying a certain amount within
a week. Mr. Ogden made the following remarkvS as reported :

I regret to observe that all the chiefs whom I asked for are not present. Two
being absei'l, I expect the words 1 atn about to address to you to be repeated to
them and your young men on your return to your camps. It is now thirty years
si-.cc we have been among you. During all this long period we have never had
any instance of blood being spilt until that inhuman massacre which has so
recently taken place. We are traders, and a different nation from the .\mericaiii.
But recollect we supply you with amunitiou not to kill the .Xmericans. They are
the same color as oursclvc speak the same language, one children of the same
God, and humanity makes our hearts bleed when we behold you using them so
cruelly. Besides the revolting butchery, have not the Indians pillaged, ill-treated
the Americans, and insulted their women while peaceably making their way to
the Willamette ? As chiefs, ought you to have connived at such conduct on the
part of your young men? You tell me the young men committed the deeds with-
out your knowledge. Why do we make you chiefs if you have no control over
your young men? You are a set of hermaphrodites, and unworthy the appell.itiou
of men as chiefs. You young, hot-headed men. I know that you pride yours ■''C?
upon your bravery, and think no one can match you. Do not deceive yourselves.
If you get the Americans to commence once, you will repent it, and war will not
end until every one of you is cut off froi the face of the earth. I am aware that
a good many of your friends and relatives have died through sickness. The In-
dians of other places have shared the same fate. It is not Dr. Whitman who
poisoned them, but God has commanded that they should die. We are weak mortals
.d must submit; and I trust you will avail yourselves of the opportunity. By so
doing it may be advantageous to you ; but at the same time remember that you
alone will be responsible for the consequences. It is merely advice that I give
you. Wc have nothing to do with it. I have not come here to make promises or
hold out assistance. We have nothing to do with your quarrels, we remain neutral.
On my return, if you wish, 1 shall do all I can for you, but I do not promise to pre-
vent war. If you deliver me up all the prisoners, I shall pay you for them on their
being delivered, but let it not be said among you afterwards that I deceived you.
I and Mr. Douglas represent tl.e company ; but I tell you once more that we
promise you nothing. We sympathize with these poor people, and wish to return
them to their friends and relatives by paying you for thein. My request in behalf
of the families concerns you, so decide for the best.

Tau-itau made a speech, stating "the young men were strong-headed and
foolish. Though we made war on other tribes, yet we always looked and ever
will look upon the whites as our friends." He was willin^'^ to give up the families.
Several other chiefs spoke and consented to surrender the captives. Mr. Ogden
then sent a letter to Rev. H. H. Spalding by two Nez Perccs chiefs, and on the
evening of December 30th he arrived at the fort. On New Year's day Mr. Ogden
and the rescued party started for the Willamette, wliere they arrived in due time
amid great rejoicing of their friends and die people.

The Governor called a public meeting that night and a company of
forty-two men was organized, H. A. G. Lee, being elected Captain ;
Jos. Magone, First Lieutenant ; John E. Ross, Second Lieutenant ; and
the next day at noon, Dec. 9, 1-S47, the brave little company started for

^•Pil

1847

PROVISIONAL, GOVKRNMKNT.

327

the seat of war, hearitic a flaj^ presented to thetn bj- the Indies of Ore-
gon City. All this was accomplished within thirteen days from the
date of the massacre.

A bill was introduced and passed authorizing the Governor to raise
a regiment of mounted riflemen. A communication was also received
from Hon. Jesse Applegate urging the necessity of sending a messenger
to the United States. This was referred to a special committee con-
sisting of Messrs. Nesmith, Wair and Meek, and the following was in-
troduced by them and adopted ;

Resolved, That in view of our critical situation with the powerful tribes of In-
dians inhabiting the banks of the Columbia, and with whom wc are actually in a
state of hostilities, it is the duty of this Legislature to dispatch a special messenger^
as soon as practicable, to Washington City, for the purpose of securing the imme-
diate influence and protection of the I'nited States Government in our internal,
affairs.

Dec. XI, To permanently organize the army, the Legislature elected
the following officers : Colonel, Cornelius Gilliam ; Lieutenant Col-
onel, James Waters ; Major, H. A. G. Lee ; Commissary General, Joel
Palmer.

According to recommendation of the Governor, a Loan Commission
consisting of Jesse Applegate, A. L. Lovejoy and Geo. L. Curry, were
appointed and proceeded to Fort Vancouver to obtain assistance from
the Hudson's Bay Company, and the following letter was addressed to.
Mr. Douglas, Chief Factor :

(A.)

Fort Vancouvrr, Dec. 11, 1847.
To James Douglas, Esq., Chief Factor 0/ Hudson's Bay Company:

Sir By the enclosed document you will perceive that the undersigned have
been charged by the Legislature of our Provisional Government with the difficult
duty of obtaining the means nece&sary to arm, ecjuip, and support in the field, a
force sufficient to obtain full satisfaction of the Cayuse Indians for the late massacre
at Waiilatpu, and to protect the white population of our common country from fur-
ther aggression. In pursuance of this object, tliey have deemed it their duty to
make immediate application to the Hon. Hudson's Bay Company for the requisite
assistance. Thougli clothed with the jiowcrto pledge, to the fullest extent, the faith
and means of the present government of Oregon, they do not consider this pledge
the only security of those whom, in this distressing emergency, may extend to the
people of this country the means of protection and redress. Without clairaint: any
special authority from the Government of the I'nited vStates to contract a debt to
be liquidated by that power, j-et, from all precedents of like character in the his-
tory of our country, the undersigned feel confident that the Tinted .States Govern-
ment will consider the murder of the late Dr, Whitman and his lady as a national
wrong, and vvill fully justify the people of Oregon in taking active measures to
obtain redress for that outrage, and for their protectio . from future aggression.

mv. I

.k;.

32S

brown's political history.

1847

The right of self defense is tacitly accorded to every body politic in the confed-
eracy to which wc claim to belong, and in every case similar to our own, within
our knowledge, the General Government has promptly assumed the payment of
all liabilities growing out of th-e measures taken by the constituted authorities to
protect the lives and property of those residing within the limits of their districts.
If the citizens of the States and Territories, east of the Rocky mountains, are justi-
fied in promptly acting in such emergencies, who are under the immediate protec-
tion of the General Government, there appears no room to doubt that the lawful
acts of the Oregon Government will receive a like approval.

Should the temporary character of our Government be considered by you
sufScient ground to doubt its ability to redeem its pledges and reasons growing out
of its peculiar organization be deemed sufficient to prevent the recognition of its
acts by the government of the United States, we feel it our duty, as private individ-
uals, to enquire to what extent, and on what terms, advances may be had of the
Hon. Hudson's Bay Company, to meet the wants of the force the authorities of
Oregon deem it their duty to send into the field.

With sentiments of the highest respect, allow us to subscribe ourselves.

Your most obedient servants,

JESSE APPLEGATE,
A. L. LOVEJOY,
GEO. L. CURRY.

Commissioners.

To this Mr. Douglas sent the following reply :

Fort Vancouver, Dec. 11, 1847.
To Jesse Applegate, A. L. Lovejoy, Geo. L. Curry, Esquires :

Genti.emex. I have had the honor of your communication of this date, and
have given an attentive perusal to the documents accompanying it. With a deep
feeling of the importance of the object which has procured me the honor of your
present visit, and the necessity of the measures contemplated for the punishment
of the Cayuse Indians and for the future protection of the country, I can on the
present occasion only repeat the assurances verbally given in our conversation of
yesterday, that I have no authority to grant loans or make any advances on ac-
count of the Hudson's Bay Company, my orders yiw that point being so positive
that I cannot deviate from them without ?»ssuming a degree of responsibility which
no circumstances could justify to my own mind. It is, however, in accordance
with the spirit and letter of my instructions from the Hudson's Bay Company, to
exert their whole power and influence in the maintaining the peace of the country,
and ill protecting the white population from Indian outrage. The force equipped
and dispatched, at their sole expense to Walla Walla, under the command of Mr.
Ogden, immediately on receiving the intelligence of the disastrour, event at Waii-
latpu, is an earnest of oik attention to the calls of humanity. The object of that
expedition is, with the blessing of God, to prevent further aggression, to rescue the
v.omen and children who survived the massacre from the hands of the Indians,
and to restore then to their afflicted friends. Trusting that these objects may be
successfully accompi. ihed, I have the honor, ^:c.

JAMES DOUGLAS,

C. F. H. B. Co.

1 appvTid '^ statement from a letter 1)efose me now of Hon. Jesse
Applegatc which was written to Hon. vS. K. Chadwick, and handed to

1847

PROVLSIONAL GOVERNMENT.

329

the writer that explains the whole matter and removes any false im-
pression in regard to Mr. Douglas. The letter is dated Nov. 8, 1877 :

" Your letter of 5tli inst.., enclosing; ' Scraps of Oregon History,' by J. Henry
Brown, has received my attention. The correspondence he published lacking
the reply of Sir James Douglas, is calculated to make a wrong impression in regard
to the private sympathies of thf.t gentleman, as well as his conduct as an officer of
the Hudson's Bay Company. By a standing order of his superior, the Board of
Management in London, he was, as were all other traders of the company, forbid-
den to make advances upon or deal in any kind of goods not securities, and had
the commissioners been accredited to him by the U. S. Government itself, he could
not have acted otherwise than he did. Mr. Douglas was a humane man and earnest
Christian, and held the murdered missionary in high esteem. He was ready and
willing to do anything consistent with his duties as an officer and a subject to
bring the murderers of Dr. Whitman to justice, and protect the scattered infant
settlement from the horrors of an Indian ';var.

It was known that a party of immigrants had been forced to stop at Dr. Whit-
man's station for the winter, and as soon as the news of the massacre reached Van.
couver, without waiting to consult the Oregon Governor or any American, INIr.
Ogden, second in command at Vancouver, left at once at the head of a powerful
company for the scene of slaughter, to stop the further effusion of blood and rescue
the helpless women and children from savage cruelty and barbarity. For reasons
given above, Mr. Douglas could not make advances directly to the Oregon Govern-
ment, but upon the notes of good men, he agreed to furnish us with any articles his
stock afforded, to the full extent of our wants in carrying on the war. Mr. Doug-
las further agreed that these notes should be held as security only, so long as there
were any hope that the V. S. Government would assume the payment of the Cay-
use war debt, and tipou such assumption, they were to be returned to the makers.

I admit as this correspondence shows, we made a bungle of carrying out the
high functions of an independent sovereignty. But Indian war, forced upon us,
we made a success by making the enemy's country its theater, thereby protecting
our settlement from savajs^es, and we made no peace until our demand tor the pun-
ishment of the leaders in the massacre was complied with. We had no mutinies,
sections or strikes in our little army, though both officers and men served without
pay and frequently without food, /ea>i horse meat being a luxury.

I will close this already too lengthy letter by a brief account of the expedi-
tion of our British cousins for the relief of the immigrants held prisoners by the
Indians after the massacre of Dr. Whitman, which I have already mentioned. It
was an expedition of priceless value to those in whose Ijehalf it was undertaken ;
a service their countrymen could not do for them. It was prosecuted night and
day, over land and water, through snow aud rain, of an inclement December, un-
til all the survivors, numbering about sixty, mostly women and children, were
ransomed and gathered up, the naked clothed and made comfortable, and tenderly
and carefully conveyed to their friends in the Willamette. .-Ml this was not
effected at that day without much toil, cost and danger. The women, particu-
larly the young, were most unwillingly surrendered by the dusky warriors to
whose arms they had been consigned, and a large ransom paid for them would not
have been accepted had it not Ijeen supplemented by the fear of the terrible anger
of the Hudson's Bay Company, with which Mr. Ogden threatened them in case
refusal. For this great service no pay was asked of Government or people,

■.

! ?! ''- '

330

brown's political history.

1847

nor would it have been received if offered, and the act stands to-day, as on the
day of its performance, one of pure mercy and philanthropy, that money could
neither hire nor reward.

I will admit that after reading Gray's history and Spalding's nar-
rative that I had great prejudice against the Hudson's Bay Company
and Sir James Douglas, aided by the foundation laid by living under
the influence of the Methodist Mission in my youth, but upon exam-
ining the facts with a desire to do justice to all, the conclusion is, that
Sir James did do all that a Christian and humane man could do, and
that his actions were prompted by a sincere desire to relieve those who
were in need of aid. That justice has never been done to Douglas
cannot but be admitted, and the testimony of Hon. Jesse Applegate
(the Sage of Yoncalla) carries great weight with all who knew that
gentleman. ^

The following is a copy of the note given to Mr. Douglas for sup-
plies at the time that the foregoing letter was addressed to him, with
the signature of Governor Abernethy in place of G. L. Curry, who at
that time was not financially able to sign the note, and as Governor
Abernethy was present :

Fort Vancoiver, December 11, 1847.
We, the undersigned, hereby bind ourselves, jointly and severally, our heirs,
administrators and assigns, to pay the sum of nine hmulred and ninety-nine dollars
and forty-one cents to James Douglas, Esq., or order, on or before the first day of
November, one thousand eight hundred and forty -eight (1848), if not before paid,
for supplies furnished to the Provisional Government of Oregon, under this, our
bond of security. Signed : GKORGK .XBERNKTHY,

k. L. LOVKJOY,
JESSE .\PPLEGATE.

This note was paid by Daniel Waldo at maturity, but it was not
tlie only note given, as the following; extract irom a previous letter
from Mr. Applegate will show :

* * •■^ The note copied by Mr. Hrown, in his " .Scraps of History,"
was not, as he seems to suppose, the only one, and was paid at maturity wit!'
money borrowed from Uncle Dan Waldo. On the contrary, two others were given
during the progress of the war — one of them was signed by Daniel Waldo and
Jesse Applegate for |i,ouo; the other by Neil Gilliam and Joel Palmer for |,StM),

1847

PROVISIONAI, GOVERNMENT

331

making $2, 800 in all. Some years after the United States Government assumed
the payment of the Cayuse war debt, these notes were returned to their makers,
they never having been called upon to pay either principal or interest.

The commissioners returned to Oregon City and issued the follow-
ing letter addressed to the merchants and citizens of Oregon :

(C)

Oregon City, December 13, 1847.
To the Merchants and Citizetis of Oregon —

Gentlemen : You are aware that the undersigned have been charged by
the Legislature of our Provisional Government with the difficult duty of obtain-
ing the means necessary to arm, equip and support in the field, a force sufficient
to obtain full satisfaction of the Cayuse Indians for the late massacre at Waiilatpu,
and protect the white population of our common country from further aggression.
In furtherance of this object they have deemed it their duty to make immediate
application to the merchants and citizens of the country for the requisite assist-
ance. Though clothed with the power to pledge to the fullest extent the faith and
means of the present Government of Oregon , they do not consider this pledge
the only security to those who, in this distressing emergency, may extend to the
people of this country the means of protection and redress.

Without claiming any special authority from the Government of the United
States to contract a debt to be liquidated by that power, yet, from all precedents
of like character in the history of our country, the undersigned feel confident
that the United States Government will regard the murder of the late Dr. Whit-
man and his lady as a national wrong, and will fully justify the people of Oregon
in taking active measures to obtain redress for that outrage, and for their protec-
tion against further aggression. The right of self-defense is tacitly accorded to
every body politic in the confederacy to which we claim to belong, and in every
case similar to our own, within our knowledge, the General Government has
promptly assumed the payment of all liabilities growing out of the measures
taken by the constituted authorities, to protect the lives and property of those
who reside within the limits of their district. If the citizens of the States and
Territories east of the Rocky mountains, are justified in promptly acting in such
emergencies who are under the immediate protection of the General Govern-
ment, then therr .ippears no room for doubt that the lawful acts of the Oregon
Government will receive a like approval.

Though the Indians of the Columbia have committed a great outrage upon
our fellow-citizens passing through their country, and residing among them, and
their punishment for these murders may, and ought to be, a prime object with
every citizen of Oregon, yet, as that duty mere particularly devolves upon the
Government of the United States, and admits of delay, we do not make this the
strongest ground upon which to found our earnest appeal to you for pecuniary as-
sistance. It is a fact well-known to every person acquainted with the Indian char-
acter, that by passing silently over their repeated thefts, robberies and murders of
our fellow-citizens, they have been emboldened to the commission of the appalling
massacre at Waiilatpu. They call ns women, destitute of the hearts and courage
of men, and if we allow the wholesale murder to pass by as former aggressions,
who can tell how long either life or property will be secure in any part of this
country, or what moment the Willamette will be the scene of blood and carnage.

The officers of the Provisional Govenmient have nobly performed their duty.

332

brown's political history.

1847

None can doubt the readiness of the patriotic sons of the West to offer their per-
sonal services in defense of a cause so righteous, so it now rests with you, gentle-
men, to say whether our rights and our firesides shall be defended or not. Hop-
ing that none will be found to falter in so high and so sacred a duty, we beg leave,
gentlemen, to subscribe ourselves, your servants and fellow-citizens,

JESSE APPLEGATE,
A. L. LOVEJOY,
GEO. L. CURRY.

Commissioners.

On the 14th of December the loan commissioners made the follow-
ing report :

To the Honorable, the Legislative Assembly of Oregon Territory —

The undersigned, commissioners appointed by your honorable body for the
purpose of negotiating a loan to carry into effect the provisions of an act to author-
ize the Governor to raise a regiment of volunteers, &c., have the honor to inform
you that, fully realizing the heavy responsibilities attached to this situation, and
the peculiarly difficult nature of their duties, they at once determined to act with
promptness and energy, and to leave no fair and honorable effort untried, that
might have a tendency to a successful termination of this undertaking. They ac-
cordingly proceeded to Fort Vancouver on the loth instant, and there addressed
a communication to Jame3 Douglas, chief factor of the Hudson's Bay Company,
a copy of which (marked A) will be found among the accompanying documents.
The commissioners had anticipated the unfavorable reply of Mr. Douglas, as
agent of the Hudson's Bay Company, and its only effect was to heighten their
zeal, and to occasion them stronger hopes of a more satisfactory reliance upon
the citizens generally of our common country. However, two of the commissioners
with the Governor, became responsible for the amount of the outfit for the first
regiment of Oregon riflemen, being $999,41, Not at all disheartened by the un-
successful issue of their mission, the commissioners returned to this city on the
13th instant, and at once entered into negotiations, the revelatior of which here-
with follows.

It will be seen, by document marked C, the commissioners, througli a pul)lic
meeting held at Oregon City on the night of the 13th instant, addressed the mer-
chants and citizens of Oregon, at which meeting, from citizens generally, a loan
of about |i,ooo was effected.

Document marked (I)) will show the correspondence on the part of the com-
missioners with the Rev. Mr. Roberts, superintendent of the Oregon mission.
[This letter is so like the address to the merchants and citizens that it is omitted. J
The negotiations are not yet concluded entirely, yet the commissioners feel safC'
in reporting a loan from tnis source of $1,1)00

The commissioners are happy to state that they have succeeded in negotiating
a loan of $r,6(x> from the mercha'nts of Oregon City, with, perhaps, a likelihood of
further advance. The commissioners feel well assured, from the interest niiuii-
fested by our fellow citizens in the matter, an<l prompt action they have proposed
to take in several counties in the Territory to assist the comniissioners in tlif
successful discharge of their duties, that the Government will ultimately succeed
in negotiating an amount adequate to the present emergency of affairs. The com-
missioners would beg j'our iKjnorable body, with as little delay as possible, to ap-
point appraisers, whose duty it shall be to set a cash value upon produce and other
property, which may be converted into means to assist the Government in its

nrnra

1847

PROVISIONAL, GOVERNMENT.

333

present operations. Therefore, gentlemen, as we believe we can no longer be use-
ful to our fellow-citizens as a board, we hope to be permitted to resign our trust
into the hands of the proper accounting officers of this Government.

JESSE APPLEGATE,
A. L LOVEJOY,
GEO. L. CURRY.

Mr. Nesmith introduced a resolution thanking the commissioners
for the prompt and efficient manner in which they had discharged their
duties, and moving that they be discharged from further services. The
bill to send a special messenger to Washington was passed in a few
days, and J. L. Meek resigned his seat in the Legislature to prepare to
make the hazardous trip, as that intrepid mountaineer was the most
available man in the country for such an undertaking ; $1,000 was ap-
propriated to defray his expenses. A committee of five was appointed
to draft a memorial to Congress to be sent by Mr. Meek, which appears
further on. Mr. Hill introduced the following:

Resolved, That the commodore of the United States squadron in the Pacific
ocean be solicited to send a vessel of war into the Columbia river for our relief,
and to send such other assistance as may be in his power.

Mr. Crawford offered the following, which was adopted :

Resolved, That a delegation of three persons be appointed by this House to
proceed immediately to Walla Walla, and hold a council with the chiefs and prin-
cipal men of the various tribes on the Columbia, to prevent, if possil)le, the coali-
tion with the Cayuse tribes in the present difficulty.

The following, received by Governor Abernethy, relieved the
anxiety felt for those living at Wascopam, now known as The Dalles :

Fort Vancouver, December 15. 1847.
George Abernethy, Esq., Governor Provisional Government of Oregon —

Sir : I have much pleasure in communicating for your information and that
of the public generally, that an Indian arrived here last night from The Dalles,
who reports that the mission at Wascopam had not been visited by any of the
Cayuse tribe, and that the inmates were all alive and well, Monday morning, the
13th instant, when he started from that place on his way down. Mr. Ogden and
party arrived at Wascopam on Saturday preceding (nth inst.). Mr. Hinman and
company spent the better part of a day there, and continued onward towards
Walla Walla. Six men of the Cayuse tribe had appeared at the "Chutes '" and
put an unfortunate "medicine man " to death, on a suspicion of mal-practicc. Our
informant brings no intelligence from any point beyond the " Chutes." The safety
of Wascopam induces a ho[)e that the Cayuses have relented and not carried their
threats against the Rev. Mr. .Spalding into execution, which I fervently hope may
be the case. Your most obedient servant, JAMES DOUGLAS.

On Deceml)er 20th the Legislature elected three war commissioners,
according to a bill passed for that purpose — A. L. Lovejoy, Hugh

! Now called Des Chutes

I :<

liio

334

brown's political history.

1847

Burns and Wm. H. Willson, who at once entered upon their duties,
but the scarcity of money at that day, and the doubt as to whether the
United States Government would assume the indebtedness, of course
worked against the commissioners. In due order a copy will be given
of a bond issued by them, also a commissary general's order with the
report of the commissioners, which will explain the condition of affairs.
The coinmittee appointed to draft a memorial to Congress to be sent
by J ly. Meek, reported the following:

To the Honorable, the Senate and House of Representatives of the United States

in Congress Assembled —

Your memorialists, the Legislative Assembly of Oregon Territory, would re-
s:iectfully beg leave once more to lay before your honorable body a brief statemeut
of their situation and wants.

Having called upon the Government of the United States so often in vain, we
have almost despaired of receiving its protection, yet we trust that our present sit-
uation, when fully laid before you, will at once satisfy your honorable body of the
great necessity of extending the strong arm of guardianship and protection over
this remote, but beautiful portion of the United States' domain. Our relations
with the proud and powerful tribes of Indians residing cast of the Cascade mount-
ains, hitherto imiformly amicable and pacific, have recently assumed quite a differ-
ent character. They have shouted the war-whoop and crimsoned their tomahawks
in the blood of our citizens. The Cayuse Indians, after committing numerous
outrages and robberies upon the late immigrants, have, without the semblance of
provocation or excuse, murdered eleven American citizens. Among the murdered
were Dr. Marcus Whitman and his amiable wife, members of the American Board
of Foreign missions.

Callec' upon to resent this outrage, we feel sensibly our weakness and inability
to enter ijito a war with powerful tribes of Indians. Such outrages cannot, how-
ever, be suffered to pass unpunished. It wil! be the commencement of future and
more extensive murders, and our hitherto peaceful settlement will become the
scene of fierce and violent warfare. We do not doubt the readiness of the people
of this country to defend their lives and property, and to submit to all the priva-
tions incident to a state of war in a new and remote settlement like this. Circum-
stances warrant your memorialists in believing that many of the powerful tribes
inhabiting the upper valley of the Columbia, have formed an alliance for the pur-
pose of carrying on hostilities against our settlements. The numbcrof the white pop-
ulation in Orej^on is alarmingly insignificant compared with the swarms of In-
dians which throng its valleys.

To repel the attacks of so formidable a foe, and protect our families and prop-
erty from violence and rapine, \:'"11 require more stt'ength than we [)ossess. We are
deficient in many of the grand essentials of war, — such as men, arms and treasure ;
for them, our sole reliance is on the Government of the United States ; we have the
right to expect your aid, and you are in justice hound to extend it. For althougli
we are separated from our native laud by ranges of mountains whose lofty altitudes
are mantled in eternal snows ; although three thousand miles, nearly two-thirds of
which is a howling wild, lie between us and the Federal capitol, yet our hearts are
unalienated from the land of our birth. Our love for the free and noble institu-
tions, under which it was our fortune to be born and nurtured, remains unabated.

1847

: duties,
ether the
)f course
be given
with the
3f affairs.

;o be sent

ited States

would re-
r statemeut

in vain, we
present sit-
)ody of the
action over
ir relations
ade mount-
lite a diflfer-
toniahawks
r numerous
;mblance of
e murdered
rican Board

nd inability
annot, how-
future and
become the
the people
1 the priva-
js. Circum-
erful tribes
for the pur-
e white pop-
arms of In-

;s and prop-
ss. We are
ul treasure ;
we have the
or although
fty altitudes
wo-thirds of
ir hearts are
oble institu-
s unabated.

1847

PROVISIONAL GOVERNMENT.

335

In short, we are Americans still — residing in a country over which the Govern-
ment of the United States have sole and acknowledged right of sovereignty — and
under such circumstances we have the right to claim the benefit of its laws and
protection.

Your memorialists would avail themselves of this opportunity to invite your
attention to other subjects of deep and vital interest to the citizens of this Territory.
The very nature of our compact formed between the citizens of a republic and the
subjects and official representatives of a monarchy, is such that the ties of a polit-
ical union could not be drawn so closely as to produce that stability and strength
sufficient to form an efficient government. This union between the democrats of
a republic and wealthy aristocratic subjects of a monarchy could not be formed
without reserving to themselves the right of allegiance to their respective Govern-
ments. Political jealousy and strong party feeling have tended to thwart and
render impotent the acts of government, from its very nature weak and insufficient.

In establishing a regular form of Government, creating tribunals for the ad-
justment of the rights of individuals, and the prevention and punishment of crime,
a debt has accumulated, which, though an insignificant amount, yet your memo-
rialists can devise no means of liquidating. The revenue laws, from not being
properly executed, while they are burdensome to classes of our citizens and sec-
tions of country, are wholly disregarded by others, and whole counties, which for
numerical strength are equal to any in the Territory, and fully participating in all
the advantages of our compact, have never contributed any assistance in bearing
the common burdens. To coerce obedience to our temporary government would
at once destroy the great object which called it into existeuce — the peace and
harmony of our country. Anxiously looking forward to that happy period when
we should again be under the protection of our revered and parent republic, we
have rather endeaved to maintain peace by forbearance, hoping that the dangers and
difficulties to be apprehended from domestic discord and from the savages around us
would be postponed until we became an acknowledged people, and under the pro-
tection of our mother country.

The action of your honorable body in regard to the land in Oregon would seem
to justify the expectation that liberal grants would be made to our citizens ; yet the
uncertainty of our title, and the uneasiness which is felt upon this subject, urge us
to press this subject upon your attention. Our citizens, before leaving their homes
in the United vStates for Oregon, have had the strongest inducements held out by
Congress to settle iu this country, and their just expectations will not be met short
of liberal donations of land.

On the subject of filling the offices that will be created in the event of the ex-
tension of the jurisdiction of the United States over this Territory, your memorial-
ists would respectfully represent, that, as the pioneers of American population in
this country the present citizens of this country have strong claims upon the pat-
ronage of the Cieneral Government, aud that it would be gratifying to have them
filled by our fellow-citizens ; but as few of them of an equally deserving number
can enjoy this mark of the approbation of our parent republic, and in view of our
peculiar and difficult situation, it is the opinion of your memorialists that it will be
better for the future prosperity of our country, and the great mass of the people
will concur with them in requesting that important and responsible offices created
here, such as the office of Governor aud the several judgeships, should be filled
with nucn of the best talent and most approved integrity without regard totheir
present location.

If it be at all the intention of our honored parent to spread her guardian wing

336

brown's political history.

1847

over her sons and daughters in Oregon, she surely will not refuse to do it now,
when they are struggling with all the ills of a weak and temporary government,
and when perils are daily thickening around them and preparing to burst upon
their heads. When the ensuing summer's sun shall have dispelled the snow from
the mountains, we shall look with glowing hopes and restless anxiety for the com-
ing of your laws and your arms.

The accompanying documents' will afford additional information concerning
some of the subjects of which we have spoken.

To insure the speedy conveyance of these papers to the Federal Government,
your memorialists have elected J. L. Meek, Esq., a special messenger to bear the
same, and respectfully ask your honorable body to make him such compensation
therefor that you may deem just. And your memorialists will ever pray, etc." ^^

Mr. Nesmith offered the following which was adopted :

Resolved, That a committee of three be appointed to draft a letter to the
American Consul at Sandwich Islands, representing our affairs, and imploring any
assistance which he may be able to render.

Mr. Hill introdticed the following which was adopted :

Resolved, That the commander-in-chief of the United States naval and land
forces in California, is respectfully requested to furnish us all the assistance in liis
power, not inconsistent with his instructions, or his duty to his country.

On Dec. 25th, the Hotise went into secret session, for the purpose
of conferring with the Governor, Colonel, Lietit-Colonel, and Commis-
sar}' General, in relation to the Indian difficulties. When it was con-
cluded, Mr. Nesmith offered the following which was adopted :

Resolved, That the Executive, as commander-in-chief, has full power to adopt
all measui'es necessary for the prosecution of the existing war; and that it is the
opinion of this House, that it is expedient for the Executive to issue orders for 500
men, and trust to the patriotism of the citizens of Oregon, for their support in the
field.

After the above conference and the adoption of the resolution offered
by Mr. Nesmith. the Governor issued the following:

PROCLAMATION.

BY GEORGE ABERNETHV, GOVERNOR OF OREGON TERRITORY.

In consequence of the low state of the finances of this country, and the gen-
eral impression being that the Indians in the upper country were not united, a
small force was thought sufficient to proceed to Walla Walla lo punish the Cayuse
Indians, and a proclamation was issued by me asking for one hundred men ; since
which, information has been received here, which leads to the belief that the In-
dians have united, and the force ordered out in that case being insufficient, I there-
fore call on the citizens of this Territory to furnish five hundred men, and appoint
the following persons brevet captains to enroll such citizens as may wish to en-
list, viz.:

Wesley Shannon, John Ford, Thomas McKay, Champoeg county John
Owens, Wm, Williams, John Stewart, Polk county ; Philip Thompson, George

I The others were the message by the Governor ; an account of Indian outrages ; massacre at
Waiilatpu ; and list of killed.

^T^

1847

PROVISIONAL GOVKRNMENT.

337

o it now,
ernment,
Lirst upon
now from
the com-

mcerning

.•ernment,
bear the
pensation
etc."

ter to the
loring any

1 and land
ince in his

s purpose
Com mis-
was con-

er to adopt
lat it is the
Icrs for 500
port in the

on offered

id the gen-
}t united, a
the Cayuse
men ; since
that the In-
ent, I there-
and appoint
wish to en-

unty John
5on, George

s ; massacre at

Nelson, Felix Scott, Yamhill county ; Isaac W. Smith, Benjamin Q. Tucker, Tual-
atin iounty ; James Officer, Clackamas county. The enlistments to be for six
months, unless sooner discharged by proclamation.

Ivach man will furnish his own horse, arms, clothing and blankets. The com-
panies will bring all the ammunition, percussion caps and camp equipage they
can, for which they will receive a receipt from the commissary general.

Colonel Cornelius Gilliam will remain at Oregon City until the first companies
arrive at Portland, when he will take command and proceed forthwith to Walla
Walla. Lieutenant-Colonel James Waters will remain until the rear companies ar-
rive at or near Portland, wheu he will take command and proceed to Walla Walla.

Companies will rendezvous at Portland, or opposite Portland, on or before the
Sth day of January, 1848. Whenever a sufficient number of volunteers arrive on
the ground at Portland, they will organize and proceed to elect their otTicerb, viz.;
one captain, one first lieutenant, one second lieutenant, one orderly sergeant and
four duty sergeants.

Companies will consist of eighty-five men, rank and file. If any company
should be formed in the counties smaller or larger, they will be regulated after
they arrive on the ground.

As the commissary general will not be able to furnish a sufficient quantity of
provisions for the army, the citizens of the Territory are called on to deliver to his
agents all the provisions they can, that the operations of the troops may not be
impeded for want of provisions. Agents will be appointed by him at Salem,
Yamhill ferry, Champoeg, Butte, and Portland.

In witness vhereof, I have signed my name and affixed the seal of the Terri-
tory at Oregon City, this 25th day of December, 1847.

[l. s.] GEORGE ABERNETHY.

On December 27th, A. L. Lovejoy was elected adjutant-general,
and Joel Palmer superintendent of Indian aifairs. This was all the
action taken in regard to the war during that session, which was ad-
journed, December 28, 1847.

Captain Lee and his company from Oregon City, arrived at Fort
Vancouver, December loth, and after receiving their otitfit, procured
by the commissioners, started to The Dalles, where they arrived on the
2 1 St. The appended letter was written from that place :

Wascopam, December 26, 1847.
To Governor Abernethy —

Sir : I reached this place on the evening of the 21st instant with ten men,
including Mr. Hinman, whom I met on his way to Willamette at Wind River
mountain, thirty miles below. The boats being wind-bound, and hearing from Mr.
Hinman that a party of the Cayuses and river Indians had been down and driven
off some horses from the mission, and that he had lefl with his family soon after,
thinking it unsafe to remain longer, I was induced to lead the few men that were
with me (for we had been separated by the wind and could not get together), and
press to this place by land with all dispatch, to save the houses from destruction,
and I am happy to inform you that we arrived just in time, and that all is now safe.
The natives immediately about this place are friendly, and hailed our arrival with
much joy. Seletza professes friendship, but I shall keep an eye on him ; his men

I I

ii'

■I .1. ■ a S

)

i^ii

338

brown's political history.

1847

have been killing cattle, and I suspect with his consent, though he promises to
make them pay for them. We have been collecting the cattle and placing theui
below, in order to stop the slaughtering that has been carried on above. Wc havi-
not yet learned the amount of mischief done at this place, but are getting things
under way quite as well as I could have anticipated. Mr. Hinman has been of
great service to me here ; he leaves to day to join his family, whom he left on the
river.

We have uo intelligence from Waiilatpu except Indian rejK)rt, which if wc-
may credit, is awful enough. It is said, after the murder of the whites at that
place, a general council had been held, and that the Nc/. I'erces were present by
special invitation, i. e., the chiefs ; that it was determined to make a clean sweep ol
all the Bostons, including Messrs. vSpalding, Ivels and Walker above, and Hinman
here ; that they had, in execution of that resolution, returned and nmrdered all
the women and children who had been spared in the first place, with the exception
of three females who had been reserved for wives. Remember, this is only native
news. I must refer you to Mr. Hinman for many other items 1 dare not write.

From all I can gather, the country east of the I)es Chutes is all an enemy's
country, and our movements should be directed accordingly. Can you have us
two or three guns cast at the foundry ? Kach one would be equal in effect to fifty
men. I am satisfied that the enemy is going to be much more formidable against
an invading force than many in the Willamette are willing to lielieve. The Indians
are all friendly with the Hudson's Bay Company's men, and I am truly sorry to
learn that Mr. Ogden paid them powder and ball for making the portage at The
Dalles. I hope this will be stopped and their supplies of ammunition immediately
cut off. Please take some measure to effect this without delay. * * '

While writing the above, one horse which had been stolen from the immi
grants has been brought in, and others reported on the way. I think most of the
property stolen near this place will be returned; that above the l)es Cluites will
probably be contended for. The Indians about this place are evidently terrifieil,
and I shall avail myself of that fact, as far as possible, in furthering the object of
our trip. I have no fears of an attack on this place, yet I shall be as vigilant as
though an attack were certain. The boats, which were wind-.bor.nd ci'.^lit d'lys,
arrived this morning all safe and well. I remain

There .seems to have been a report circulated that the Americans
under command of Colonel Gilliam were going to levy contributions
on the Hudson's Bay Company for munitions of war. This created
quite a flurry among our British cousins, and brought forth the fol-
lowing letter :

Fort Vancouver, December 31, 1847.
To Governor George Abernethy, Esq.—

Sir : A rumor having been in circulation for some days pa.st, that it is General

^TTl

1847

romises tu
nng thetii
We havi'
ng thiugs
s been of
left on the

iiich if we
es at tViat
preseut by
lu sweep ot
id Hinman
inlered all
jexceptiou
jnly native
not write.

in enemy's
)ii have VIS
feet to fifty
iblc against
.'he Indians
ly sorry to
age at The
tninediately

the imiui-
most of the
Cluitcs will
y terrified,
le object oi

vigilant as
C'i'.,'ht d'tys,

Americans
[itributions
lis created
;h the fol-

31. 1847-
it is Geueial

1847

PROVISIONAL GOVKRNMKNT.

339

Gilliam's iutentiou to levy contributions on the Hudson's Bay Company's prop-
erty, for the purpose of completing the ecjuipmeut of the troops ordered out in
your late proclamation, for the intended operations against the Indians, I feel it
my duty to communicate with you frankly on the subject, as it is most important
in the present critical state of our Indian rel ions, that there should be an entire
absence of distrust, and that the njost perfect unanimity should exist among the
whites of every class. From my personal knowledge of (ieneral Gilliam, and his
highly respectable character, I should be the last person to believe him capable of
committing an outrage which may prove so disastrous in the imuiediatt and re-
moter consequences to the peace and best interests of this country ; at the same
time, as the representative of a powerful British association, it becomes my duty
to take instant measures for the protection of their property, until I receive
through you a distinct disavowal of any such intention as herein stated. Difticul-
ties of that nature were certainly not contemplated by us when we dispatched a
large part of our effective force into the interior for the purpose of receiving the
unfortunate women and children, the survivors of the massacre at Waiilatpu, who
remained in the hands of the Indians. It was never supposed that our establish-
ment would be exposed to insult or injury frotn American citizens, while we were
braving the fury of the Indians for their protei lion.

Such a proceeding would, in fact, be so inconsistent with every principle of
honor and sound policy, that I cannot believe qny attempt of the kind will be
made ; but I trust this explanation will satisfactorily account *or any unusual pre-
caution observed in the present arrangement of this cstablishiuent. Trusting that
this note will be observed at your earliest convenience, I have the honor to be
your most obedient servant, JAMES DOUGLAS, C. F. H. B. C.

There is no doubt but what there was much idle talk among the
volunteers probably to the effect that they would be justified in capttir-
intr Fort Vancouver and supplying themselves with ammtmition, which
V a very scarce article. Many of the citizens, too, honestly believed
t .tt McBean could have prevented the massacre of Dr. Whitman and
others, or at least warned them, and rendered possible their safe tran-
sit out of the country. Consequently there was considerable animosity
telt towards the Hudson's Bay Company, and but for the prompt de-
parture of Mr. Ogden to rescue the captives, there undotibtedly wotild
have been an open rupture. Although this humane act was given
great credence, still, many thought it more an act of policy than
mercy on the part of that company. There was no organization made
or attempted to capture the fort, although the officers in charge were

badly frightened.

Oregon City, January 3, 1848.

Sir : I received your favor of 31st ult., yesterday evening, and in answering
it, would thank you for your frankness in communicating with me on the subject.

Having had conversation with Colonel Gilliam on this subject, I can state that
he has no intention of levying contributions on the Hudson's Bay Company's prop
erty for any purpose whatever. He will probably cross the Columbia river at the
mouth of the Sandy. I trust nothing will occur that will in any way cause dis-
trust among the whites during this crisis.

ill

H'l

) ^ 1.

340

BROWN S POLITICAL HISTORY.

1847

The reports from above lead to the conehisioii that Messrs. Spalding, Walker
ajid Kells have been cut oft', and the women atid children spared in the (irst place,
have since been murdered. Should these rumors prove true, we know that peace
cannot be restored between the Indians and whites. Captain Lee informs me that
Mr. Ogden paid the Indians powder and ball for making the portage. The legis
lature passed an act during their last session prohibiting the sale of powder, lead,
caps, etc., to Indians. I trust you will sec the necessity of complying with this
act, which will be published in the next number of the Spectator.

I trust the disavowal in this letter will prove satisfactory to you. Your obed
ient servant, GlvORt;!') AHKKNlvTHY,

Cover not of Oregon 'I'eryitoty.

To the above letter, Mr. Douglas .sent the following- :

1h)RT Vancouvkr, Jan. 4,

184S.

Geo. Abernethy, Esq. , Gov. of Oregon :

Sir. I have to acknowledge your letter of yesterday's date and consider it
perfectly satisfactory. 1 place little confidence in the late report from The Dalles,
ami entertain sanguine hopes that they will prove unfounded. Whenever we re-
ceive intelligence from the interior, I will lose no time in comnmnicating the same
to you. The Indians have been always paid with amnmnition and tobacco, by our
travelling parties, for passing bbats at the portages of this river, and I cannot see
that Mr. Ogden had any reason to depart from the established practice on the oc-
casion mentioned in your letter ; as these Indians have no fellow feeling with the
Cayuse, and behaved in the most friendly manner to his people, and I am con-
vinced will not enter into any combination against the whites, unless there be great
mismanagement on our part. In fact when we consider the object of Mr. Ogden's
journey to Walla Walla, and that the lives of sixty or seventy fellow creatures were
under Providence mainly dependent on the celerity of his movements, it cannot
be supposed that he would allow any minor consideration to weigh one moment in
his mind against the great object of their preservation. As he could not carry his
Iwats over the portage of the falls, w" hout the assistance of the Indians, it would
have been an act of great indiscretion ^.n his part, to have excited alarm and created
suspicion in their minds, by withholding the compensation of two or three pounds of
powder and lead, which they had been accustomed to receive for such services ; when
it was certain that the omission would be regarded as evidence of a hostile intent, and
induce them to put every obstacle in his wa)- ; whereby the object of the journey
must have been entirely defeated, and the unfortunate women and children left to
their cruel fate. The general stoppage of ammunition will be in my opinion, an ill
advised and harsh measure. The Thlecatats and other friendly Inc'ans who live
by the chase cannot dispense with ammunition. It has become to them a positive
necessity of life, and they must absolutely starve without it. It is in facta measure
fraught with danger to the country. There is no saying how the Indians may resent
a proceeding, which they will certainly regard, as an act of unjustifiable cruelty.
To prohibit the sale of ammunition within certain districts in arms against the
whites, would be the proper course, but to extend the measure to every part of this
country, is to make the innocent suffer with the guilty, and a departure from the
conciliatory course of policy, which we have always found to answer best with In-
dians, and will, I much fear drive them to the most desperate courses. I am now
only expressing an opinion on what the law is reported to be, and await the next
issue of the Spectator vrilh some impatience, to discover its real character and value.

You may rest assured that we will do nothing improper, or which will in any

1847

I'KOVISIONAI. GOVKRNMKNT.

34'

way endaiif»er the '.afety of the country. We have not y«t her.rd from Mr. Ogden
since he left The Dalles, but are now daily expecting to h°ar from him

Your ob't 8v't. JAMES DOUOl AS, C. F. //. B. C.

To the above which was published in the Spectator, Gov, Aber-
iiethy wrote the following reply. The object in publishing thetn was
to allay the excitement created by the fact becoming known that Mr.
Ogden had paid the Indians powder and ball to transfer their boats
around the ix)rtage at The Dalles, a custom that had been in vogue
for years. To this an emphatic protest was sent to the Governor, as it
was at that time not really known whether tb.e Wascopam Indians
were friendly to the Americans or not. If not, this same ammunition
might be used against them. This uncertainty was the cause of the
ill feeling against the Hudson's Bay Company, which was also aug-
ni.cnted by the well known fact that they the ( H. B. C's sevants ) and
Catholic priests could travel through the country without molestation.

Oregon City, Jan. lo, 1848.

Sir. I received your welcome letter of vSaturday (Jan. 4), yesterday morning,
and •-;;u:rn you my sincere thanks for the gratifying intelligence it contained. I
had begun to fear for the safety of all that was in the upper country. These fears
are happily dispelled. I shall be very happy in communicating with Mr. Ogden.
Indeed had you not informed me that he would be here to-day, I should have left
this morning for Vancouver. Should you wish it, I will have your letters of 31st
ult. and 4th inst. , together with mine of Jan. 3d, published in the next Spectator,
if not, I think it advisable that Mr. Ogden should state his reasons for giving pow-
der to the Indians, viz : not to excite any alarm among them, which was the reason
Mr. McKinleygave me. Your ob't sv't.

James Dougi^as, Esqr. GEO. ABERNETHY.

Under the excitement at the time and circumstances, it is not strange
that a stringent law prohibiting the sale of powder and lead tolndians
was passed. Still it was an tmwise act. The Indians, especially tho.se
who had had intercottrse with the Hudson's Bay Company and the
Americans, had discarded the ancient bow and arrow. They were not
able to hunt succe.s.sfully, as game had become scarce and harder to
secure. It is true, that some of the Indians may have .supplied the
hostilcs with ammunition, but if they had been warned that they could
not have any more if they so disposed of it, they would not have done
.so if the penalty had been rigorotisly enforced. The officers of the
Hudson's Bay Company knew their circumstances and character well,
and their prediction was nearly fulfilled by Pe-pe-mox-mox who threat-
ened to join the Cay uses, and would have done so but for fear of the
tumibcr of troops at that time in the country.

When Captain Lee with the first company of Oregon Riflemen ar-
rived at the Cascades on his way up to Wascopum, he sent the following :

342

brown's political history.

1847

Cascades, I ic. 16, 1847.

Oov. Arrrnkthv. Dear Sir: The return of the bateaux aflFords me an oppor-
tunity of sending you a line. Because of the extreme lowncssi of the water, we
were compelled to make a land portage with the boats. I am happy to say it is
now done, and will leave in a few minutes for The Dalles. I have heard nothing
from the mission there since I left you except an Indian report as follows : "vSix
Indians ( Cayuse and river I)es Chutes Indians ) came to The Dalles ^nd endeav-
ored to get the Wascopams to join them in murdering the whites and aking the
property. Hut after making medicine a day or two, they disagreed an ong them-
selves, and one was killed by another. The Wascopam's refused to jc.n them and
they had gone away. The Des Chutes Indians had joined the war-party and in-
tended to fight. This was learned from an Indian who w" 'v.avli'g The Dalles
with his family — he thought the mission was taken the day aft-"! ne left, and that
Mr. Ogdeu got there that evening ( vSaturday). I am happy to say there has bee'i
the utmost good feeling in the company, a general spirit of perseverance worthy f
the confidence placed in it.

There are a few sick with colds, etc. Please id vise the next company to come
in small boats and canoes — such as they can readily bear on their shoulders over-
land, for they cannot be taken by water with safety at this stage of water. I have
drawn upon you for the expense of the bateaux.

In haste, your most obedient servant. H. A. G. LEE.

As it was not known at this time that the American force.'^ had
taken po.ssession of California, the Governor addre.s.sed the following
letter to Commodore Shubrick which explains itself :

Oregon City, Dec. 28, 18.^7.

Sir. The present siate of affairs in Oregon induces me to r. idrcss you on the
subject. I enclose herewith two papers which will inform you of lur situation, and
the necessity there is of sending aid if in your power, as soon as possible, h sloop-
of-war anchored in the Columbia river at Vancouver or near the m wth of the Wil-
lammette river, would exert a powerful influence in our behalf T\e Indians would
he led to believe that our chief, of whom they have often hear'i, was ready to ex-
amine into and punish any wrongs they might inflict on American citi/ens. A
supply of ammunition could be furnished to repel any attacks they might make on
us, and would also let the citizens of the United vStates dwelling in this distant
land know that they were not neglected. A vessel drawing 16 feet of water, can
enter our harbor in safety, one drawing 15 feet, can I believe get up the Columbia
at any season of the year with proper caution. I am aware that the present season
is not the most favorable for entering our river and ascending it, still merchant-
men enter and depart at all sea.sons of the year. Relieving that you will do all you
can to render us a.ssistance ; I have the honor to remain yours truly.
To W. Hradford Shubrick. r,K(^ ARKRNKTHY,

Commander Pacific Squadron. Governor of Oregon.

Mr. Douglas was so confident that the law would create trouble

with the Indians, that he wrote the following to Dr. W. F. Tolmie

who had charge of the station at Nisn<'ally :

foRT Vancouver, Jan. 18, 1848.
The Legislature has passed a law prohibit .ng the sale of powder, lead and caps
to all Indians, I consider it a dangerous measure, which will excite the Indians

1847

y, 1847.
an oppor-
water, wc

say it is

1 nothing
a: "vSix
d eudeav-
aking the
mg them-
them and
ty and in-
'he Dalles
, and that

has bee'i
worthy 1'

ly to come
ders over-
r. I have

LEE.

irces had
following

28, 1.S47.
^ou on the
lation, and
A sloop-
of the Wil-
ians would
;ady to ex-
iti/ens. A
it make on
Lhis distant

water, can
! Columbia
sent season

merchant-
1 do all you

HV,

■ Otefion.

te trouble
F. Tolmie

18. iS4S-
ad and caps
the Indians

1847

PROVISIONAL GOVERNMENT.

343

more and more against the Americans ; they will starve without ammunition, and
distress may drive them to dangerous courses. They will prey upon the settle-
ments, and slaughter cattle when they can no longer hunt the deer. Represent
this to the Newmarket ' men. It is oppression, not kindness, that will drive the Indians
to acts of hostility. Use all your influence to protect the Newmarket people, and
tell them to be kind and civil to the Indians. Use your discretion about the pow-
der and lead prohibition ; vou need not enforce the law if it endangers the safety
of the country. The Amt; .ans about this place are all exclaiming against it, and
are serving out powder to the Indians themselves to protect their stock. You
ought, in my opinion, to get the fort enclosed imme(!iately, and bastions put up
it two of the corners. If your own people are not sufficient, hire hands to a.ssist
you ; the sooner that precaution is taken the better. JAMEvS DOUGLAS.

It was at thi.s time that, as before related, i resolution was pa.s.sed
l)y the Legislature appropriating $500 to send a messenger- across the
continent to Washington City, with dispatches and a memorial to the
President and Congress, and Jcseph L Meek, a member of the Legis-
lature, and who had spent several years in t tie mountains as a trapper,
was chosen to make that perilous journey. He was supplied with the
following letter of introduction :

Oregon City, December 28, [847.
Sir : The bearer, Joseph L. Meek, Esq., has been appointed by the Legisla-
t\irc of Oregon Territory, .special n.essenger to carry dispatches to Wa.shington
City. His journey will be an arduous one, and I would recommend him to the
fa\orable notice of Your Excellency. I have the honor to be, &c.,

GEORGE ABERNETHY,
To Ids Excellency y Governor 0/ Oregon.

James K. Poi^k, President United States.

To place the army on a good footing the following officers were
commissioned and etitered actively upon their duties with a determina-
t ion to punish the Cayuse tribe :

Colonel, Cornelius Gilliam (accidentally killed): lieutenant-colonel,
James Waters (promoted U^ colonel); major, H. A. G. Lee Cwho had
been appointed lieutenant-colonel but resigned in favor of Waters, and
when Waters became colonel Lee was chosen lieutenant-colonel); adju-
tant of regiment, B. F. Hurch; surgeon, W. M. Carpenter; assistant
surgeons, F. Snider and H. Saffaraus; adjutant-general, A. Lawrence
I.ovejoy; commis.sary-general, Joel Palmer; quartermaster, B. Jennings;
)iayma.ster, L. B. Knox; judge advocate, Jacob S. Rinearson.

The following letter was received by the Governor from James
Douglas in regard to the rescue of the captives ;

EoRT Vancouver, January 8, 1848,
Ccorgr Aberncth\\ Esq. —

SiR : Mr. Ogden has this moment arrived with three bofvts from Walla Walla,

lAn American settlement at the south end of Puget's Soutid .

l.>

344

brown's political history.

1847

and I rejoice to say that he has lirought down all the women and children from
Waiilatpu, Mr. and Mrs. vSpalding and Mr. Stanley the artist. Messrs. Walker
and Eells were safe and well ; they are not considered to be in danger. The re-
ports of the later murders committed at Waiilatpu are all absolutely without
foundation, not a life having been 1 st since the day of Dr. Whitman's death.'
Mr. Ogden will visit the Falls on Monday and give you every information in his
power respecting the Indians in the interior. The Cajnises, Walla Wallas, Nez
Perces and Yakimas are said to have entered into an alliance for mutual defense.

In haste, yours respectfully,

JAMES DOUGLAS.

As Captain Thos. McKay and his company of Canadian French-
men were passing through Oregon City to the seat of war, a flag, em-
blematic of the present situation of the country — a lone star with .sev-
eral stripes, made by some citizens for the company, was pr. 'nited to
the company by their captain, accompanied by the followiu^; .hort ad-
dress : " This is the flag which you are expected to defend, and you
must defend it, too !"

Colonel Gilliam gathered his men as rapidly as possible and left
Portland January 12th, arriving at The Dalles on the 23d with fifty
men, as he had heard by express messenger that a skirnii.sh had oc-
curred on the 3d of January, and was fearful that Captain Lee would
be cut off. The rest of the regiment arrived on the 25th. I will refer
the reader to the reports of those ofiicers.

Governor Abernethy wrote the following to Colonel Gilliam :

Oregon City, January 10, 1848.

Sir : * * * I received a letter from Mr. Douglas yesterday, in-
forming me that Mr. Ogden would be at Oregon City to-day and " give me every
information in his power respecting the Indians of the interior." This letter
contained the highly gratifying intelligence that Mr. Ogden had brought down to
Vancouver all the women and children from Waiilatpu, Mr. and Mrs. Spalding
and Mr. Stanley, the artist. Messrs. Walker and Kells are safe and not consid-
ered in danger. This now takes away the pressing necessity of a forced march to
Walla Walla. As soon as I have an interview with Mr. Ogden, I shall visit your
camp. I remain yours truly, GKORGP: ABKRNRTHY,

Colonel Gilliam, Cover no* of Oregon.

First Regiment Oregon Riflemen.

The captives arrived at Oregon City, January nth, under the im-
mediate charge of Mr. Ogden, and were received with much rejoicing
by the people of that town. They were turned over to Governor
Abernethy, and soon found homes among the people of the valley,
who, with that genero.sity characteristic to the frontiersman, did every-
thing for their comfort. The following letter was addressed to Mr.

I This is ii tjji.stake, Crockett Btwley and AnKvs Sale* were killwtl three days afterwards.

1 847

Ireii from
Walker
The ro-
• without
s death. '
on in his
alias, Ne/.
1 defense.

LAS.

French-
flap^, em-
vith sev-
"11 ted to
hort ad-
and you

and left
vith fifty

had oc-
ee would
will refer

im :

), 1848.
5terday, in-
; me every
This letter
;ht down to
s. Spaldinj^
not oonsid-
d march to
I visit your

Iregon.

;r the im-
i rejoicing
Governor
he valley,
did every-
2d to Mr.

wards.

1847

PRovivSif)NAL govp:rnment

345

Ogden by Governor Abernethy in acknowledgement of his generoii.s
and successful achievement:

Orkgon CiTv, January 19, 184S.

Sir : I feel it a duty as well as a pleasure, to tender you my sincere thanks,
and the thanks of this community, for your exertions in behalf of the widows
and orphans that were left in the hands of the Cayuse Indians. Their state was
a deplorable one, subject to the caprice of savages, exposed to their insults; com-
pelled to labor for them, and remaining constantly in dread lest they should be
butchered as their husbands and fathers had been. From this state I am fully
satisfied we could not have rescued them, a small party of Americans would have
been looked upon by them with contempt, a larger party would have been a sig-
nal for a general massacre. Your immediate departure from Vancouver on the
receipt of the intelligence from Waiilatpu, enabling you to arrive at Walla Walla
before the news of the American party having started from this place reached
them, together with your influence over the Indians, accomplished the desirable
object of relieving the distressed. Your exertions in behalf of the prisoners will
no doubt cause a feeling of pleasure to you throughout life, but this does not re-
lieve them nor us from the obligations we are under to you. You have also laid
the American Government under obligations to you, for their citizens were the
subjects of this massacre, and their widows and orphans are the relieved ones.
With a sincere prayer, that the widow's God, and the Father of the fatherless may
reward you for your kindness, I have the honor to remain your obedient .servant.
To Pkter Skeen Ogden, GEO. ABERNETHY,

Chief Factor Hon. H. B. Co. Gov. of Oregon Territory.

To this Mr. Ogden wrote the following reply :

Fort Vancouver, Jan, 26, 1848.
Mr. George Abernethy, Esqr. — Gov. of Oregon :

Sir. I have to acknowledge the receipt of your highly flattering letter of 19th
inst. , and the high value you lay on my services in re;!cuing so many fellow crea-
tures from captivity, but the meed of praise is not due to me alone. I was the mere
acting agent of the Hudson's Bay Company, for without its powerful aid and influ-
ence, nothing could have been effected, and to them the praise is due — and permit
me to add, should unfortuuately, which God avert, our services be again required
under similar circumstances, I trust you will not find us wanting in going to their
relief.

>^C^.

Hon. Willard H. Rccs, in his annual address before tiie Oregon
Pioneer As.sociation, says ;

"1 served under Gen. Joel Palmer as commissary agent, during the Cayu.sc
war, at I'"rench Prairie, and I can assure you that those old ])ioneer Canadians gave
quite as liberally f)f their own means to supply the volunteers in the field, as did
the people of any other portion of old Champoeg county. Being desirous of plac-

346

brown's political history.

1847

itiK upon our records something to show the feelings and position occupied by this
people during this exciting and critical struggle, and in defense of their truth and
fidelity to the Provisional Government against all unjust aspersions. The follow-
ing preamble and resolutions unanimously atlopted at a meeting composed of more
than 100 Canadians, held on French Prairie, is copied from the Oregon Spectator,
Jan. 20, 1848.

Wherkas, It is believed that several of the Indian triljes east of the Cascade
mountains have formed an alliance for the purpo-^e of carrying on hostilities against
this colony, and

Whereas, The exigency of the times calls for prompt and energetic action
on the part of the people of this Territory, in enlisting and mustering into service
the number of volunteers required by the Executive ; therefore.

Resolved, That we deem it highly expedient to raise, arm and equip, one
company of Riflemen to proceed immediately to join the regiment at Portland.

Resolved, That the Canadian citizens of Chauipoeg county, feel it their duty
to assist our adopted country- in the prosecution of the war against the Cayuse In-
dians, for the horrible massacre committed by them upon American citizens at
Waiilatpu.

After which, a call was made for volunteers, when thirty came forward and en-
rolled their names. Thomas McKay was chosen Captain.

It was first intended that the messenger to the States, Joseph L. ■
Meek, should go b>- the way of California, and deliver dispatches to
Commodore vShubrick. But that intrepid trapper and mountaineer
chose the route via Fort Hall, so it became necessary to select a mes-
senger for California, and Rev. H. H. Spalding contributed $500, the
amount required to defray the expenses of the trip. Hon. Jesse Apple-
gale was chosen, who selected a company of sixteen men including him-
self, and started on what proved to be an arduous but unsuccessful
trip. The following is the letter of appointment :

Oregon City, Jan, 25, 1848.
Dear vSfk. As Mr. J. T,. Meek is still at The Dalles, and does not intend going
to California, Rev. H.H.Sjialding proposed advancing a sum not exceeding jf5<)o to
be paid at Vancouver, any time after March 20th next, for the purpose of sending
a messenger with disjiatrhcsto California. I immediately proposed you as the man,
and as the Vancouver funds will just aiiswei your purpose, and can at the same
time render essential service 'to this country by informing the j)roper authorities of
C.ilifurnia of our situation. I see nothing in the wfiy to prevent your immediate
departure. If you conclude to go, let me know how .Tiuch you will require to tit
out tliv- mission .' If ;i ( ovemment vessel comes up soon, you can return on hei.
I received a letter from Maj. Lee last Sunday, in which he informs me briefly, he
has had a skirmish with the Indians who were running off the cattle. vSome of our
men wont to bring them back, not seeing but two or three Indians, but some 25 of
them were hidden'among the hills and rooks, bortunately. more men wtrc sent out,
when a fire was opened upon them Ijy the Indians, and a tunning tight took place.
One of our party was wounded in the leg. It was thought some of the Indians
were killeil, as two horses saddled were left on the field. Soon after this, our own
men being out on an expedition, brought in about sixty horses, so this puts the

1847

PROVISIONAL GOVERNMENT.

347

him-

party on horseback. Thus you see the war is openinj;; and the Indians are unitiufr
against the Americans. Vou cannot set forth in too strong a light the al»sohite
necessity of a man-ofwar being sent forthwith. We see that the Indians look oti
the Hudson's Ray Company as friends ; on the Americans as enemies. Catholics
remain unharmed among them. Protestants are murdered. Why that is so, I can-
not say, but that it is so we all know. Mr. Spalding says that the ludiatis say that
no American or protestant shall live among them. They know they murdered
both Americans and Protestants. I should like to see you before you start, but
this would be wasting lime. This package contains letters and papers for Commo-
dore Shubrick and Gov. Mason. I have not time to write any more, but hope to
learn in a few days that you have left, and I hope you will .succeed in inducing a
man-of-war to visit us. Should you need a small sum in advance, you can draw
on me, and I will draw on Mr. Spalding for the amount. Remember you will be
going south and getting into a warmer climate.

I remain yours truly,
Jesse Applegatk, GEO. ABERNETHY, Gov. of Oregon.

The following is an iterestiug account of the trip written by Hon.
John Minto, who was one of the party :

* * * The party consisted of sixteen men, including the bearer of the
dispatches, the Hon. Jesse Applegate. Caji. Levi Scott, commanded the company.
Two of his sons, John and William Scott, Walter and Thomas Monteith, A. A. Rob-
inson, Wni. (William, Joseph Waldo, James Campbell, James Fields, James Lemon,
John Tice, Solomon Tethero Gcorgc Hibbler and John Minto, made up the party.
The plan was to pass to California via Klamath lake and Pitt river country, passing
the Sierra Nevada range by the valliey of the latter or some other confluent of the
Sacramento. Little was then known of the country we intended to traverse, but
it was believed that if we found the country as bare of snow as the mildness of the
season in the Willamette valley gave reason to expect, we could make the trip
either by the way indicated, or by striking and following the route pursued by Col.
Fremont a few years previous.

The party rendezvoused on the south bank of the La Creole, about opposite
the present town of Dixie, in Polk county, and thence started about Jan. 28, 1848.
Each man furnished his own saddle and pack horse, gun and blankets. Ammuni-
tion, flour and bacon were furnished hv the settlers, under some arrangement that
( never mllv understood, only that the worth or cost of these latter articles should
ultimately he paid by the Government. The party were without tents or shelter
of any kind, and the bedding of each individual had to be used under a dfinbling
up process in order to secure comfort. Fmm the time of departure, th* part^ hafl
plenty of wet tn encounter overhead and under foot, Vidgrs and ferries benig
little known thwn in the rottnlry we traversed. From the Sooth Umpqua sonth-
ward, we liad iiuthing but hostilities to expect frofr the Tndiuis. as up to that time
a weak party was aiinnwst sure to l»e ntxacked in passing through the Rogue River
va'ley. We made fmr pra g r esK until '^aching a point in that valTfrv above the place
where the oUi California trmil came inrto it , ther.^e h<»arm>; ewatswird rather than
south, wc H«x>ti strut** the sm »v line - "he moiBitains. T-Yow the point where the
party ftrsl struck tbr now «e pt i inte the iBt-mntains ( on Ike Iraie blamed

bv Messrs. Appiecr^ and SriK: liit ' vear fr»- the first pii»tir •f i«Bmigrauts

Hy the southern rmiate), a sapptwed li.; ._i:. . of t'weany five miles tovrarcfai Klamath
lake. At this ;yL»int, idte snow beiais about feur feet deep and HuKi higher

34«

brown's political history.

1847

! m-i

X'-ound to pass in order to get to Klauiath lake basiu, the Captain conchided he
would have to abandon the attempt to proceed, as even if the horses could have
traveled mi such a snow, there v/as no green thing for them to eat, but the poison
laurel. Mr. Applegate, feeling keenly the responsibility of the success or failure
of the enterprise, said he felt impelled to try to go forward, and would do so if any
one of the part;, would go with hiiu. His call for volunteers resulted in an even
division of the party. Eight, consisting of Mr. Appleg.ite, Solomon Tethero, Jas.
Fields, James Lemon, A. A. Robinson, Walter and Thomas Moutieth and the writer
volunteered to go. The plan to go forward if po^^sible being for these eight (.0
make snowshoes, take eight days' provisions to eatrli man and try to push their
way through; C iptain Scott and seven men returning to the Willamette vfalley
with all the horses. The next day aftet this was concluded on, the Captain and
party started back, and Applegate and party spent the day in preparing snowshoes.
None of the party knew how to make them, and we did not have the proper mate-
rial. The best we could do was to bend rods of willow into nearly oval shape,
about twenty inches the longest way, and into the hoops so formed, weave a net-
work of buckskin thongs. By taking our gun covers and other pieces of this ma-
terial or rawhide as we had among us, we made such aset of things, whether snow-
shoes or not, as would keep each of us upon the surface of the snow.

Next day we made trial of traveling with them. It soon became manifest that
the lightest man could get along best, and it was proven, on the first day, that the
heaviest (Mr. Fields t was utterly unable to proceed. Early on the first day, Mr.
Fields begau to break or stretch the thongs of his snowshoes and getting them
turned edgewise, so that he would sink down in the soft snow. This, while the
snow was not more than four feet deep, was not the occasion of much extra fatigue,
only it delayed the whole party by stopping until he could refix them. But as we
advanced the snow deepened and the labor became excessive, and before night the
party were passing over snow about six feet deep on the level, and in places where
drifts lodged, much deeper. When Mr. Fields went down in such places, there
was no other way but for some of the rest to take his gun and pack, and generally
two others would throw him on his beam end, as sailors would say, and fetch him
out of his hole sidewise, set him up and refix his .snowshoes. This became so tire-
some as to make Mr. Fields sick before night, and after striking camp, the first
(juestion that presented itself to the party was whether we should leave him be-
hind us next morning and push on ( taking the unexpected depth of the snow
where we were, as good evidence that the Klamath lake basiu was also under snow,
which being the case would render the accomplishment of our journey, with our
then means, utterly impossible), turn back and make for the Willamette again.

After extracting all the information we could from Mr. Applegate as to the lay
of the country l)etween us and Klamath lake, we concluded that in all probability
the country around it was under at least two feet of snow, A vote was t.ikcn on
the proposition to leave Mr. Fields and go forward nr all stick together and go back,
and it was carried in favor of return seven to one. This concluded on, the determin-
ation was taken to overtake our ci>mrades if we could. The ?iext morning we
started with that object in view, and in four days and nights forced marching we
came up with them and our horses, near the present site of Canyonvillc, on the
South lTmp(|ua. Thesf foiii- days were the roughest in all my experience of fron-
tier life, and the whole trip was a hard one, compared with the ordinary life in
camp and on duty with those who were in the Cayuse country, according to the
<xperieiice <•' Thomas Montieth and James Lemon, who went up there after our
return about the 4th of March.

1847

PROVISIONAL GOVERNMENT.

349

We had proof within a few hours after we comnieuced our return that if we had
lefl Mr. Fields or any other member of our party, it would have been almost cer-
tain death by the Indians, for we met them tracking us in the snow, imuI their pre-
cipitate retreat when they discovered us ready for them, betrayed their design.
.N'or is it at all probable that any of us would have succeeded in getting through to
California by the route we contemplated, at that season of the year, at least that
was the opinion of Mr. Walter Montieth, who with his brother, passed tbat way
to the gold mines the succeeding autumn. There were no lives lost either t)f or by
the party. We did not fire upon any of the Indians we saw, but sometimes were as
near doing so as well could be. Jt^HN MINTO.

The failure of this expedition was a severe disapoiiitnient toCiOver-
nor Abernethy as well as to the brave nieti who made the attempt, al-
though It is probable that if they had reached California in safety they
wotildhave obtained no relief for the sorely pressed people of Oret^on,
as at that time, all of the Pacific .squadron were fully employed in
guarding the different stations capttired from the Mexican forces.

Immediately after Col. Gilliam's arrival at Wascopam, he wrote the
following showing the condition of the army in regard to provisions
and other necessaries for prosecuting the war :

Fort Wascopam, Jan. 25, 1848.
Joel Palmer Esq.:

Sir. I hope you will use every exertion to forward provisions to this place.
We have only enough to supply the men until the boats return. I wish to move
forward, as we are doing no good by remaining here, and cannot move until we
have a better supply of provisions. Yours truly, C.GILLIAM.

I'oRT Wascopam, Jan. 25, 1848.
f /is Excellency. Gov. Abernethy:

Sir. On reaching the Cascades, I received a letter per express from Maj. Lee,
informing me of a skirmis': wliich he had with a party of Cayuse Indians at this
place, and that he expected an attack upon the place daily. I immediately started
with a company of fifty men and reached here on the 23d. The main body arrived
this evening. The men are in good spirits and health, the horses are much jaded,
and many of them will not be fit for service until they rest and recruit.

The hostile Indians are in the vicinity and frequently seen. Our horse guards
were driven in this evening, after exchanging a shot or two with the Indians. I have
learned that there is a party of the enemy living on the Chutes river, who have a
large number of horses and cattle, many of which they have taken from this place,
and from the Indians living near. I shall leave to-morrow with as many men as
can be mounted, for Chutes river, and endeavor to obtain possession of the stock
they have. They will probably give us battle, as I learn from the friendly Indians
that they tell them that they wish to see us there and will fight us.

I wish that every exertion may be made to forward provisions to this place. I
am anxious to take the field and proceed to the enemy's country, as soon as we
return from the expedition to Chutes river. With the addition which will be made
to the army when LI. Col. Waters arrives, I shall he enabled to proceed. It is

4\l

!]■- I'

M' ■

yK> ;

IMKI.I

liiK

350

brown's political history.

1847

highly necessary that a suflBcient number of men may be sent to the Cascades to
protect that place and assist in making the portage of provisions.

I remain yours, &c.

^W /f^//^,T^^

Camp liH Cmrihs, Jan. j>^, 164S.
Ml. Sheldon:

Sir. Immediately on receipt of this, you will send fifty men with provisions and

ammunition. Mr. Jennings will send a good supply of provisions, as we are out.

The Indians will pilot the men to the upper crossingon the Des Chutes river. The

enemy are encamped in a canyon a short distance above. Maj. L,ee with a party of

eighteen men had a skimiisli with the Indians yesterday, one Indian killed and

more wounded ; also one of our friendly Indians killed. If \X. Col. Waters has

arrived, he will take command of the party. We start this morning for the place

where the eneni}- are encamped. We shall not reach the place in time for any action

to-day, but are in hopes of meeting them to-morrow. Forward the provisions ami

amnuinition as soon as possible. Yours in haste.

R. WILCOX, Adjutant.

February 3d, Superintendent of Indian Affairs, Joel Palmer and Dr.
Robert Newell as one of the commissioners, accompanied by Mr. Perin
Whitman ( nephew of Dr. Whitman) as interpreter, started to The
Dalles to join Maj. Lee in holding a council with the Nez Perces and
neighboring tribes of the Cayuse Indians,in accordance with a resolution
passed by the Legislature on that subject. They bore the following
letter of instructions from the Governor :

Oregon City, Feb. i, 1848.

Gentlemen. The object in appointing you commissioners to treat with the
Nez Perces and other tribes of Indians is, if possible, to avert a general war with
the Indians of the upper country, and to prevent a union among the tribes as far
as possible. To effect this, every effort should be made on your part, as far as
consistent with the honor of .American citizens. There are some requisitions that
must be complied with on the part of the Indians, and must be insisted on by you,
viz.: All the murderers and those who forced the young women, must be delivered
up for puni.shment. The property taken must be given up or an equivalent given;
and restitution made of the property stolen from the emigrants last year. This you
cannot ascertain, buc it can be so arranged that the persons who had property
stolen from them can get it hereafter, or an equivalent. I am aware the greatest
difficulty will be in obtaining the persons of the murderers, but the Indians must
be given to understand in the commencement of the negotiations, that this must
be done, or that no compromise car be made.

There may be some amony those that are implicated in tlijs affair around
whom some palliating circumstances may be thrown ; these you will take into con-
sideration. But the principal actors should be executed in the presence of all the
tribes. You will hold a council with a field officer of the army and decide in council

i847
cades to

1847

PROVISIONAL GOVERNMKNT.

351

164s.

isions ami
e are out.
ver. The
1 party of
tilled and
Waters has
the place
iuy action
isions and

djutant.

r aiul Dr.
Vir. Perin
I to The
irces and
esolution
oUowing

1848.
It with the
I war with
•ibes as far

as far as
itions that
on by you,
e delivered
lent given;
This you
d property
le greatest
dians must

this must

air around
e into coD-
e of all the
in council

what steps shall be taken to accomplish the most desired object, the restoration of
peace. You will use every exertion to have the lives and j)roperty of our fellow-
citizens that may hereafter be traveling through the liuiian country, preserved.
The chiefs are able to govern their own people. Make as advantageous a treaty
with them as you can ; bind them to use their influence to protect American cit-
izens. (.)n your arrival at The Dalles, you must be guided by circumstances as to
the lime and place of meeting the chiefs, but let runners be sent among them, in-
forming them of your intentions and object. I have the honor to be gentlemen,
your obedient servant. ('.K()R(iK AHKRNKTHY,

Itovernor of Otegun.

Rev. H. H. Spalding also sent the following letter to the Nl-/ Per-
res chiefs. In the style of writing, the original letter is a curosity,
being in pen letters as near printing as possible, so that those who
could read a printed book could read his letter. It is evident that
those to whom it was .sent were unable to read nianuscrijjt :

WlM..\MK'rrK, I'-eb. 1S4S.
.V<?~ Penes Chiefs: — Mv Krir..ds. Kills, Kansoot, James, Vusinmalakin,
Luke, Jacol), I'ocatash, Yamahmohnin, Ynmtamlikin, Timothy, Solomon, Ish-
toop toop-nin, Tsel soo-talet-mctum, Joseph, Kepop, Apshwahaikt, Richard He-
mimelsselp, Jason, Anatashin, Tohtamatum, Haposelpelp, Metatwaptash, and
Noah, quick meet them : with these flags meet them ,with good liearts meet them ;
From us, from the .Americans, five go to meet you ; Mr. Palmer, Dr. Newell, Mr.
McKay, Mr. l,ee, and Mr. Gilliam. These meet you with good hearts they meet
you; they bear a message (proposals, law or talk), from the Great Chief they Ijear
it, therefore they call you to meet them. Keep quiet, ye young men. Do not go
over to the Cayuse. Wait till the commissioners speak clearly to you. The good
are not to be punished ; only the bad are to be punished. The Nez I'erces and the
Americans are one, therefore do not depart from us. Very many .Americans are going
to seek the bad Cayuses -the bad only. There will soon be large ships from Cali-
fornia; therefore they offer you a message, proposals of peace. They send you
tobacco, therefore meet them without delay. My youngest child is sick, therefore
I cannot meet you. When my child is well, I will see you, by the blessing of God.
Ever make to yourselves good hearts. B3' the blessing of God we may see each
other. H. H. SI'ALDING.

There is no doubt that the above letter had great influ.ence for good
with the Nez Perces chiefs, as Mr. Spalding was highly esteemed by
them.

The following was written by Maj. Lee and needs no special ex-
planation :

Fort Wascopam, Jan. 20, 1848.
Dkar Sir. Sergeant McMillen arrived safely on the 14th inst., bringing me
intelligence from the valley up to the 7th. I am glad something is being done to-
watds the prosecution of the war, but I am truly sorry that there has been so much
delay. My situation for the last week, has been anything but desirable. On my
arrival here, I informed the Indians that many others were just behind me and
would be coming all the time, and that this place would be occupied by the "Bos-

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352

hkovvn's foi.iticai, history.

I.S47

tons" (/Kiinasotn. I Imvehecii here just one iiiDiitli and no cuiupau) yd. Tlic na-
tives are all the time wishing to know when the other " Hostons" are coming — ami
I have answered them " wake siah" till I am ashatned to say aj^ain. Many of them
were at lirst disposed to be friendly and keep on the good side of the ' Bostons,"
who are now sidinj^ with the enemy — thinking no doubt, that we have spoken
falsely to them, that no more are coming ; an<l we would be unable to defend
ourselves against so large a force as the enemy will bring against us.

Hearing that Col. (iilliatn was at the crossing, twenty-five miles below this place
and could not cross (^n account of high wind, and at the same time being assured
that a body of the Walla Wallas, &c., were in the vicinity contemplating an attack,
I was induced to start an e.Kpress to induce him if possiijle to reach this place in
time to pursue them, for I feared they might succeed in breaking the corral at
night and running our horses away, leaving us as poor as wc were on our arrival.
This express was entrusted to the hands of Mr. Olney, who about y o'clock at night
on the 17th with no one but an Intlian guide, set out on horseback for the crossing,
with orders to go as far as the Cascades falls, if he did not meet the party sooner,
but to return from the Cascades whether he met them or not. He returned last
night at 2 o'clock with the following intelligence: " I arrived at Fort Gilliam'
the next morning after I left you, for when I reached the village at the crossing, I
learned the Colonel was not there : I took a canoe and pressed to the fort where I
found only two men, who could give me no news of Gilliam later than that of Ser-
geant McMillen. They were expecting boats with stores every hour ; so I remained
that day and night, and there being no arrival, I left in the morning on my return
and am here safe." I confess, sir, this provokes me in despite of all my philoso-
phy. 1 feel that we have been disappointed, and only appear as deceivers in the
estimation of Indians. Yet I will bear it, and use all va.y persuasive powers to rec-
oncile the men to their lot. You know they expected re-inforceuients before
this, and they feel themselves unjustly detained. For myself, I have no thought of
leaving the place or of suffering it to pass into the hands of the enemy as long as
I can raise a hand in its defence, and I am happy to be assured that many, a large
majority of the First company are of the same spirit — and if our friends in the
valley are dra?r enough to leave us in our present situation, after getting us into it,
we are determined to be generous enough to battle with the enemy and defend
ourselves as long and as well as we can.

We had one battle, or rather a skirmish, which did us some good by arousing
us, showing us the Indian mode of fighting, and also showing us who among these
treacherous beings are really friends and who are not. There was no one killed
on either side. We had one man, Mr. Berry, slightly wounded. Being on foot,
and the enemy mounted, we were unable to ascertain the damage done them, fur-
ther than the capture of two of their horses with their rigging. Seletza has shown
himself a true man, and a decided friend to us, and in doing so, has suffered the
loss of all of his propety which the enemy has taken and run off — he is with us and
of great service. He has a gun and a rifie at Mr. Lummez's shop for repairs for
which he has paid Mr. I^ummez a horse — he wants them very much. Please send
them.

The I)es Chutes Indians have joined the enemy and fought with them. We
have since made a tour amongst them and regained several stolen horses, taking
many others which we intend to use during the campaign, so that we are able to
mount ourselves pretty decently. From the experience of one lesson, we are pretty
well prepared to meet the enemy in their own way and upon their own horses, and

1 A small fort built at the Cascades.

lil

IS47

The ua-

iti)(- and

of Uuiii

iostons,"

SpoktMl

u (Icfeiiii

his pUice
; assured
II attack,

place in

corral at
r arrival.
iC at uight
crossiug,
y sooner,
irned last

(iilliaru'
rossing, I
t where I
at of Ser-
remaiued
iiy return
y philoso-
:rs in the
ers to rec-
11 ts before
thought of
as long as
ly, a large
ids in the

us into it,
nd defend

y arousing
long these
3ne killed
ig on foot,
them, fur-
has shown
affered the
'ith us and
repairs for
'lease send

hetn. We
ses, taking
are able to
2 are pretty
lorses, and

1847

PROVISION AI, GOVKRNMKNT.

353

we intend to do it. Mr. Ogileii — what sliall I say of him? Ho jjassod down in a
j^reat splutter as usual. Is decidedly opjjosfd to our attempting the corrcclioii nl
tlie Cayuses. He says we can <lo nothing with them ; that all the tril)es will unite
against us, ami that the idea of sending a parlv up there this winter is the wildest
niilioM hf c'\t*r lie.iiil (if ; .iml c\rn went so far as to say that wc had Itetter ixirn
the buildings here and go hack to the valley. It is possible that he has checked
the niovcnuuts below? If so, please let us know what we arc to de]»ciid on, and
we will <lic in the midst of the enemy, or light our way through them tuour native
land and K a\e our brave countrymen in Oregon to enjoy the rich reward of their
valor. .Allow me to tender to yon, and tliroiigh you, to tny friends, my lu'arty
thanks for the coiifidcnci' they have placed in nic and tin- h\y\\\ compliment paid
inc in placing me in thc.vA/// Of the Oregon aiiny. I will do m\' duty as far as ! can
know it, and am competent to discharge it.

Our provisions .arc holding out better than we expected. I sent a ])arty to the
gate' for the ammunition there, before I received your order by McMillen. Or-
dering them to take nothing but ammunition or such things as would be useful to
the eiKiny in warfare. Tlu-y brought i^owder and lead, but no caps, we need so
much. Ilu/./a! Hete llies come! ! While writing, a party from the Ouarter-
master lia\e arrivi-d for ixials and repot t Col. C.illiam at the Cascades yesterday
whiii the\ lell with .?5o men. Oh, what a cbauge in cam]). Mr. Jennings sent six
men for the boals, and re(|iusts nie to Inrnish enough more to move the boats with
dispatch. Soim- of my comijany wish to return to the \;diey. 1 send them with
the boats, viz : 1/ient. Ross, on furlough ; .\. I,ytle, .A. Oieenleaf, las. l'"ields, O.
\V. Westiai, discharged. Joined the lirst company Oregon Riflemen, Dec, 12, J.
T. I.assater ; Jan. 15, II. Carnehan, .Alex. McDonald, vSam'l bently.

Weare all in good health, and at present in very line sjjirits. In a few days
more we will lie through the disasters ofwar, in the country of the enemy, and
jjay them well foi new, as well as old outrages with good iuteiesl. Mr, Ogden's
opinion to the contrary notwithstantling. In haste, yours truly.

Gko. Abi;nkthv, H. A. G. LliR,

Cotn)iuiiidey-in-Chief O. A. Captain ist Co. (). A\

The following letter written by Cornelius H. Defendorff, connui'.s-

sary of the (iist company coniniandeil by Captain I.,ee, gives a fuller

account of the battle and state of affairs than Capt. L,ee does in the

preceding' letter.

Thk Dai.i.ks, Jan. 17, 1848.
Mr. I.OVEJGV. Previous to the reception of yours of 4tli inst., which arrived
on the 14th, serious api)rehensions were eiitcitained, that the government of Ore-
gon would do little or nothing lor our relief. Hut by that and various other infor-
mation which was received by the express, we not only found that the Government
had done more than could be reasonably expected, but also that the people of Ore-
gon had not forgotten that spirit of patriotism which glowed so warmly and freely
in the bosoms of our American fathers of '76. Friend Lovejoy, with such a spirit
at home, together with that which is manifested in the field what is no less noble— no
less patriotic, our arms and cfTorls cannot fail to be crowned with success and glory ;
but whilst this is the fact so cheering in its nature, it is no less a fact that some of
the severest difliculties will be its neccssaiy attendants. For when we glance at

I Toll gate at east eii<l of Harlow's roa<l "toss tlie Cascade mountains..

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23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

354

brown's pouticaIv history.

1847

our position, far removed from the arm of protection, at our numbers — infant like
in point of power, at our resources, blighted with an empty treasury ; at our credit
dishonored even by those among us ; and then turn and view our enemy — numer-
ous in number, barbarous in principle, transient in their very nature, whose homes
are unfettered by civilization, with almost a boundless waste before them to qover
their retreats, such conclusions irresistibly force themselves upon the mind. But
however this may be, I hope and trust that the Government of Oregon will prose-
cute with due vigor and effect the war already commenced, by one vigor and stead-
iness. I mean that it should be prosecuted in a steady and unrelaxed determina-
tion, but not in such a manner as would drive the several nations into combination
and retard the final settlement of the war.

By the war already commenced, 1 have reference to the skirmish that took
place on the 8tli iiist., which was brought on in the following manner: On the
morning of that day, as Captain Lee ordered up some horses to form a party of
horsemen for the purpose of escorting to this place the family of Seletza, an Indian
chief whom the Cayuses and the Des Chutes river Indians had robbed; some Indians
were seen off in the east, about two miles from this place herding cattle and horses
for the purpose of driving thetn oflf. A short time after this was discovered. Bar-
low and Bosworth, forming an idea that our party would soi)n follow and overtake
them, proceeded thither. They had l)ecn gone but a short time when serious ap-
prehensions were entertained in camp of their being cut off. Capt. Lee immedi-
ately with some five or six horsemen went to their relief, and they no sooner
arrived o!i the ground, than the natives opened fire upon them. Soon after ten
more of our men went on foot to their rescue, by this time the engagement was
fairly commenced, but owing to the great distance that intervened between the In-
dians and our men, taking up the mode of Indian warfare, they fired to little or no
purpose. After a continuation of about two hours, the engagement ceased^in the
retreat of the natives. During the engagement, Mr. Berry, of Oregon City was shot
in the leg, and it was supposed that one of the Indians, together with several horses,
were severely wounded. The parties to this action were about sixteen Americans
against twenty-three Indians, eight of whom were Cayuses. On the morning of
the next day, another party made an attempt to rescue the family of Seletza. They
proceeded until they were nearly at the place, when the beheld at a distance a band of
liorses, which they proposed to drive in. They did accordingly and brought in
.soni" fifty or sixty horses. This to us was quite rich booty, for up to this time, we
could not with our best exertion raise scarcely more than eigl'.t or ten horses.

The third day, a party of 25 men again started out and brought in Seletza,
family and people, who remain with us at present. It appears from the best ac-
count that I can gather, that this man was robbed of property amounting to about
|i,ocx), for no other provocation than that he was friendly to the Americans and
endeavored to prevail upon his people to restore to the iiiimigratits the property
that they had pilfered from them. He has been of considerable service to the gov-
ernment, he may be still more so, and I do sincerely hope, whatever may be the
result of this war, that the government will appreciate his services according to its
merits. Since then, nothing of note has transpired, save the reception of vague
Indian reports, stating at one time, that the Spokanes, the Walla Wallas and the
Nez Perces had joined the Cayuses ; and at other limes, that the Cayuses did not
wish to enter into ho.stilities with the whites, but were willing to deliver up the
perpetrators of the murder of Dr. Whitman and family.

I'ntil this evening when vSeletza's spy returned and reported that there was a
large body of Indians collected on this side of the river ( Des Chutes), who from

^^'i

1847

-infaut like
at our credit
luy — nunier-
vliose homes
icm to qover
miufl. But
1 will prose-
or and stcad-

I determiua-
coiiibinatiou

ih that took
ler : On the
m a party of
za, an Indian
iome Indians
le and horses
covered, Bar-
and overtake
n serious ap-
Lee immedi-
;y no sooner
>on after ten
[aj^einent was
Lween the In-
to little or no
ceasedKin the
City was shot
everal horses,
Eu Americans
e morning of
sletza. They
auce a band of
d brought in
this time, we

II horses.

lit in Seletza,
1 the best ac-
iting to about
Lincricans and
i the property
ice to the gov-
?r may be the
:cording to its
ition of vague
V alias and the
ayuses did not
deliver up the

at there was a
tes), who from

1847

PROVISIONAL GOVERNMENT.

355

all appearances intended to make an attack upon this place to-night. We accord-
ingly made all arrangements, and Capt. Lee, in the meanwhile, sent an express to
Col. Gilliam for the purpose of notifying him of our situation. Thus prepared,
we silently but calmly awaited their appearance. That night has passed, and still
another, yet the enemy, though they were reported in our vicinity last night, have
not made their appearance. This morning an Indian from the Indian village near
Mr. Barlow's camp, brought in a horse belonging to Mr. Hinman. He says that
Voluptutic, the Indian chief in whose safe keeping the immigrants gave their
property, is quite anxious that it should be taken away. This anxiety I suppose is
caused not only from an apprehension that the wagons would be robbed and the
cattle and horses driven away, but also that he would endanger his own life if he
kept them in his possession any longer. For when our party was there some three
weeks ago, for the purpose of bringing off the ammunition that was left, he then
was compelled to distribute his family at night in the wagons to prevent them from
being pilfered, and in fact was shot at at one time in the very act of defending them.
Then I suppose Col. Gilliam ho ( as a small squad of men who came up this
morning, informed us was in our vicinity, and would be here in a short time ) will
bring them in when he arrives, while his men and horses are recruiting. The
same Indian further- states that there are three parties of the Cayuscs, of which
one party are belligerent. Whether this is so or not you are as capable of judging
as I am, but if so, prudent measures ought to be adopted so as not to force the in-
nocent into the same calamity with the guilty.

0*^^

Iraniedintely upon the receipt of Captain Lee's letter in regard to

the skirmish that he had had at The Dalles, Gov. Abernethy sent the

following to Col. Gilliam :

Orroon City, Jan. 28, 1848.
Sir. I received a dispatch from Maj. Lee under date of 2otli inst., in which
he informs me that he had had a skirmish with a small party of Indians. On re-
ceipt of this, you will select some of your best men and horses and scour the Des
Chutes river country if you have an idea that Indians hostile to whites are in that
neighborhood. It will require great caution on your part as commander in-chief
in the field to distinguish between friends and foes. However, when you are cer-
tain that they are enemies, let them know the Americans are not zvomeii. The
9-pounder has been forwarded to the Cascades. If the Indians fortify themselves, it
will be of great .service to you. You will make The Dalles headquarters until fur-
ther orders. Companies are still being formed throughout the country, and will
be forwarded on to join you at The Dalles as they come in. Perhaps the hostile
Indians may come down to meet you, give them liberty to get as close as you
think they will venture before you commence operations. If you think there is
any danger of a party of Indians attacking Fort Gilliam at the Cascades, send as
many men to protect it as you think will be be necessary.

I remain yours truly.
To Cou. C. Gii.MAM, GEO. ABERNRTHV,

ist Keg. O. /*., The Dalles. Goik of Oregon and Commander in-Chief .

I Cornelius H. Dcffeiulorl' cniiie toO.-egoii in 1847 from one of the Kastern Slates. Ue was a
lawyer liy profession anil was ^aininK (-'onsiderable practice. Wlien the first conii)any was raised,
he was ap|)oiiUe(l commissary, and returned to Oregon City about March 1, 1H48, andfeeliug unwell
tooVc by mistake an Qverdose of tinctnre o< opii and was found dead by his bed.

\-\

U ■ !

.' . il'

\ ■ • 'i

1 i ' ;■

356

brown's poutical history.

1847

1 :

The Spectator oi Feb, 10, 1848, at the head of its war news has
this to say . " The thunders of war have commenced? Let them he
continued until American property, and American ijkk shall l)esECURK
upon Awen'cnn soiJ." " Maj. Lee had learned, that three Indians
were killed in the engagement of Jan. 8." "Lieut. Ro.ss who was in
the above engagement, states that the Indians succeeded in driving off
300 head of cattle left at The Dalles owned by the mission and immi-
grants."

The following report of Col. Gilliam described the first pitched
battle with the Indians, and taught them that Americans were not wo-
men an they had" been told by some of the Hudson's Bay Company
servants.

I'oKT Wascopam, l"eb. 7, 1848.
Ai//. (-en. I.ovejoy :

I arrived at this place on the 23(1 ult., with fifty men, pushed with that iiuui-
her from the Cascailes falls to the relief of this ])lace. The rej^iinent in care of
Capt. Mall came up on evening of the 25111. Learning that a number of Des
Chutes Indians who had proven themselves hostile, were encamped with their
stock a short distance up that river, on the morning of the 27th I took about
130 of the best mounted men, proceeded to the mouth ol" that river, an<l crosse<l;
ascended the eastern bank several miles, found the villages all deserted and no
fresh sign. On the morning of the 2.Sth I st-nt out Maj. I,ee with a <letacliment
of twenty men to proceed up the river and ascertain whether the Indians were
there, and report to nie the same night. About 12 o'clock that night Maj. Lee
presented me the following :

"Coi,. ('rii,i,rAM. We proceeded this morning up the river some twenty
miles, when we discoveretl a considerable paity of Indians with their families, re-
moving across the plains, and evidently to station themselves higher upon the
canyon. We charged upon them, killed one, took two (fenuiles) jjrisoners and
several horses, the rest escaped into the canyc^n which was close by. i^xpecling
a large war party out immediately, we hastened towards camj) with the prisoners,
but had not proceeded far, when I discovered a large party of mounted Indians,
making afti'r us with all possible si)eed. We rode down into a small canyon,
turned our horses loose below us, and prejiared for battle. The Indians were by
this time all aroun<l us on the bills tumbling down huge stones in our midst and
annoying us much with their savage yells, some with their arms. We were
fighting some two or three hours, killed and woumled, I suppose, some six or eight,
as they took care to keep at a resjiectful distance. They drew no blood from
us, and got only in return for their loss, their horses which we had taken, with
four or fivi' of ours that went out with them unperceived through a small canyon
during the engagement. We have all returned safe, though much fatigued. Ac-
cept this as a reason for the imperfect sketch of the day's doings. H. A. G. JJ^H."

Convinced that there were Indians there, on the morning of the 29th I pro-
ceeded up to the vicinity of the large canyon, at the Meek's crossing, when on
Sunday umrning the 3()th, about 10 o'clock, A. M., as we entered the mouth of the
canyon, the Indians appeared on the hills immediately above drawn up in order of
battle to about our own number. I ordered the horses to a .safe poigt, left theiu with

1847

news has
!t them be
l)esECUUK
;e Indians
,rho was ill
driving off
and inimi-

st pitched

re not wo-

Company

7, i«4«.

h that mnii
lit in care ol
IllltT ol' Des
(I with their
I tofjk ahoul
and crossed;
it-rted and no
I ditaclinieiil
iidiaus were
ght Maj. Lee

some twenty
r rauiihes.re-
jher upon the
j)ris(iners ami
. Uxpecting
Iht- prisoners,
iited Indians,
mall canyon,
liaiis were l>y
»ur midst and
IS. We were
e six or ei>(ht,
hlootl from
(I taken, with
small canyon
atigued. Ac-
. A.G. LKK."

le 29th I pro-
iing, when on
: mouth of the
up in order of
left them with

1847

PROVISIONAL OOVKRNMENT.

357

a strong guard, and gave directions as to the order of attack. The Lieut. Col. was
ab.seiit. The Major, and each of the Captains took the respective points assigned
them, with firmness and speed, and acquitted themselves well. In an hour we
were all at the top of the hill, and the enemy fleeing before us. I ordered up the
hor.ses, we charged upon them; they fled like wolves and scattered among the hills
and canyons. The men ail acted i>vavely; the only difllculty is in keeping them
back. I cannot tell the number we killed { as th.ey removed them as fast as they
were shot), but from their reports siiuv, it must have been some twenty or thirty
killed and wounded. We lost not a man. One (a Spaniard) was slightly wounded
in the hip. We chased them up the river till I became convinced we could not
overtake them this .side of Klamath lake. So after burning up and destroying all
their movable property and provisions I could find, we returned to this place, at
which we arriv<Ml yesterday, bringing with us some forty head of their horses,
four head of cattle, and aboutf.vx) worth of personal property, all of wliich I have
had .sold off to-day, the proceeds amounting to about $1,400, which is placed in
the hands of the Paymaster Maj. Magone, and is appropriated to the pay of the
regiment. This course is perhaps objectionable but seemed l)est under the cir-
cumstances.

The Cayuses came down in our absence, killed two of our men who were
guarding horses, ("Jackson and Pack wood), drove off a few cattle and were gone
before we returned. A detachment bringing us out fresh provisions, awkwardly
shot Mr. McDonald, while on guard. He has .since died. Those three are all we
have yet lost. Mr. Hrown, ist Lieut, of 5th company, died at Vancouver a few
days since. ' I understand that McKay and others are coming up to assist us, send
them on ! Send all that want to come. Had I a thousand men, I coulil settle the
matter with less time and expense. I have the liorses on good grass recruiting,
and am anxious to proceed as soon as possible. The signs of the times are un-
changed above. A few discreet commissioners with tlie proper corresponding
prudence may yet leave the Cayuses alone. Diligence ami precaution are the life
of success. Yours, C. GILLIAM,

Col. I.St. Reg't. O. R.

The following letter, although not ih.serted in correct position as to
date will throw considerable light upon the condition of affairs. It
contains evidence as to Mr. Ogden's remarks at The Dalles when re-
turning to the valley with the rescued captives. It seems that he im-
bibed .some of McBean's cowardice and predicted dire calamity to all
Americans who attempted to enter the Cayuse country. Another cause
of Mr. Ogden's nervousness, was the wish of the Catholic priests that
no armed men should invade the country, but make a treaty with the
Cayuses, on the assurance that they would not kill any more Ameri-
cans, provided they did not invade their territory, and thus burying
past injuries.

f'll

III

; : j

: 1

' 1

f ■

I I.ieiitetiaiit Jiiints A. Drown came to Oregon in 1S46 ; tlie next year lie started to return east
but meeting friends returned. On the organization of Captain Philip K. Thompson'.s comoany, he
was elected ist Lieutenant. He met with an accident and die<i at the residence of Mr. Swizler op-
posite Vancouver, January 24, 1S48, aged 24 years. He was very popular.

:-'i

I '

-I

35H

brown's political history.

1847

Fort Wascopam, Feb. 8, 1S4H.
Gov. Abernethy :

Dear Sir. I received yours of 27th ult., yesterday, on uiy return from a
campaign against the Des Chutes river Indians, the particulars of which you will
learn from the Colonel's report, and I am quite happy to be relieved from the duty
of making official reports of the proceedings of the army, for I am aware that you
cannot make a proper allowance for imperfections, without a knowledge of the
disadvantages under which I labor. I hope you will not expose any more of my
productions to public view and criticism ; especially such as are communicated
without the least idea of ever seeing them in public print. The present \s priTotr
and confidential , and although it is on some injportant matters, it is encumbcrd with
all the disadvantages you can well imagine. I have been compelled to delay my own
business till the last moment, in order to attend to that of every one else first, and
now write in the midst of a crowded room all talking, laughing, calling on me
for information, explanation, interpretation, and more than you can think of, non-
sensical.

First — I have availed myself of every opportunity to conimimicate to the In-
dians a correct knowledge of our wishes. I have told them from the .irst that
we wished to remain friendly with all except those actually engaged in the mur-
ders, but that our hearts would never be good till they were punished, and that
those aroutul us who had stolen goods from us, must return them or make restitu-
tion, or we would punish them as they deserved. That we had been slow to get
mad, had T)orne n)uch from them, because we loved them and wished to make
them like us ; but when we began to fight, we never fjuit till our enemies are p11
dead. That we were very numerous in our own country — like the trees on the
mountains — and that we will never be done coming. That we understand the
distinction of different tribes, and do not include any other with the Cayuses, un-
less they join with them to fight against us, then we make no distinction. All
this I have sent, or endeavored to send to Pe-pe-mox-mox ( Walla Walla chief).
Tauhatuz, whom the surrounding tribes acknowledge as the head chief of the
Cayuses, and who has been reported to me as being opposed to the massacre,
and saying : " If the Bostons come to fight them, he would not raise his gun,
but would sit in his house, and if they would, they might kill him without resist-
ance." Also the three chiefs on the north side of the Columbia river, known as
the Skalorre Indians, who refused to join the war party of the Cayuses, when they
on"ered them horses taken from Seletza and the emigrants, and finally to V'olup-
tuteek ; whom I am sorry to believe has joined the war party, perhaps through
fear or compulsion. On receipt of your letter in reference to the goods left with
them, my situation did not ju,stify me in sending a party for the goods till re-en-
forcements arrived, which indeed were headed by the Colonel himself, to whom
I made known the contents of yours and Mr. Whitcomb's letters , aKso the fact
that the chief himself had sent a request to me to come and take the goods away
and relieve him of his charge , and then left the Colonel to take his own course in
the matter. No party has been sent and we have reasons to believe that the goods
have been given up to the enemy.

Second. — Your express is here, and I cannot inform you when he will leave
where he will go. Third. — I have no news of the W.»S. men.

Fourth. — In the skirmish I first had with the Indians, there were eight Cay-
uses. Pvdward Tolouquott at their head — all young men — the balance were the
Indians along the Columbia and Des Chutes river. Fifth. On my arrival at this
place in company with Mr. Hinman, I ordered Luxella with whom the cattle had

^rfi

1847

PROVISIONAL GOVERNMENT.

359

8, 1848.

turn from a
ich yon will
rotii the duty
are that you
ledge of the
more of my
mmunicatefl
■nt is/m'rt/r
uniberd with
elay my owu
;lse first, and
ailing on n>e
hink of, non-

ite to the In-
the nrst that

in the mur-
ed, and that
make restitu-
n slow to get
hed to make
lemies are pU

trees on the
iderstand the
Cayuses, un-
;inction. All
^Valla chief).

chief of the
he massacre,
raise his gun,
kfithout resist-
er, known as
es, when they
illy lo Volup-
haps through
3ods left with
ods till re-en-
5elf, to whom

also the fact
e goods away
own course in
that the goods

he will leave

re eight Cay-
ance were the
arrival at this
the cattle had

been left, to bring them all in to me that 1 miglrl place them in the bottom below
the mission so that they might be in less danger cf being run off; 250 were brought
in and the balance of the 450 which Mr. Hinman said had been left lure I have
never seen. They were .said to have been driven ofTby the Indians. Those <lriven
off on the day of the skirmish, were taken from I.uxella who was bringing them in.
They <lid not exceed eighty head, exclu.sive of his own which the warriorsallowed
him to drive in. Of the nineteen or twenty horses left by Mr. I!,iinian,only nine
could be found when 1 arrived, none of which were fit for use. The number taken
from the enemy previous to the Colonel's arrival, was about sixty, twenty of which
might have been u.sed. Since his arrival, about fifty have been taken, nearly all
wild mares and colt?;.

On the Colonel's arrival, I gave up charge of the place and all to him, and
felt my.self relieved from a charge that had cost me many anxious days an<l nights.
I requested, and he promised me that my men should fir.st be moimted and then
.some disposition made of the remainder of the hor.ies; but on our return from the
late compaign, I was called on by the Colonel to cry the sale of the horses. I
obeyed and found on entering the corral that every horse fit for immediate u.se
was mi.ssing. I proceeded to sell as they were pointed out by Col. (iilliam on the
following terms : " The purchaser charged with the amount if it did not exceed
his wages, if it did, give bond and security." Upon these terms, I .sold forty-four
head, amounting to som<!thing over $900. These not being fit for use at present,
were bought by the re-inforcement, leaving my old company still afoot, in conse-
(luence of which I have written a number of discharges. The best horses having
been given to tliose who wished or needed them. The Colonel gave me a 2-year
colt for my extra services in hunting them up and getting them in ; and I pur-
chased two othersat high prices, neither of which can be used at present, but will
in a short time answer some purpose. The loi's of many of my company who have
been so long with me in hours of danger and strife, and have proven them.selves
worthy of trust under all circumstances, throws a chilling damper on my feelings.

Mr. Ogden, or whoever says I was mistaken as to Mr. O's. I'emarks, whether
it be Mr. Canfield, or Mr. Sorie-one-else, is himself either grossly mistaken or
guilty of willful misstatement. The remarks were made in the presence of Messrs.
Craig and Spalding, and I think they will bear witness to the correctness of ni}'
statement. That he could not have meant my company of fifty men is evident
from the fact that I told him I was ordered to this place only. I hope you will
not be at all uneasy on the subject of my feelings towards the gentleman in ques-
tion or any of the Hudson's Bay Company. You are aware that I have ever en-
tertained and labored to diffuse amongst my countrymen, a spirit of friendship
towards the H. B. C, because I believed it to be advantageous, if not essential to
the peace and prosperity of our country. From a stand so long and so publicly
maintained, Ishall not be easilydriven, nor will I, for trival reasons, abandon feel-
ings .so long entertained and so congenial to my nature. Yet, the very motive from
which I have been induced to advocate a friendly union of the two parties, would
lead us to labor quite as diligently to sever that union whenever I shall be con-
vinced that it is no longer conducive to the welfare of the country. And now for
more important matters.

You speak of Gen. Palmer's coming up to treat with the friendly Indians.
This is highly gratifying to me. I hope he will arrive in time, but I feur he nuiy
be too late. Col. Gilliam, I think intends taking up the line of march for Waii-
latpu in two or three days, and I am satisfied that marching the army to that
place without previous interview with the Nez Perces, would involve us in a gen-

t i

T'.'

360

brown's political HIvSTORY.

1847

eral war with all the tribes, which would be a most unfortunate occurrence for us.
I have long since asked the Colonel to allow uie to take Mr. Craij^ as interpreter
and go to .see them before the army moved that way, that they might be assured
of the object of our movements, and of our wish to preserve friendly relations
with them ; but he has not yet consented. I will now endeavor to keep him here
till (ien. Palmer arrives, but if the General is slow, I fear my efforts will be in
vain. I consider our relations with the Indians far more critical to-day than il
ever wa.s, and every moment is full of importance. The operations of a .single
hour may fix our doom for weal or woe. I have not had time toconverse privately
with l<t. Col. Waters and learn his views. So fully convinced am I of the impropriety
of moving the army above, !)cfore the surrounding tribes have been visited by a
mes.'ienger of peace as they have requesteil, that, should that course be taken, I
shall be compelled to retire from the field and seek in .some other (juarter a (juiel
home.

Allow me to mention Seletza. He is still with us and wishes to remain with
us until the war is over. I am not now afraid to risk my life with him itidividu
ally, but as an officer, I can risk nothing with him, unless my judgment coinciiUd
with his suggestions. During our late ab.sence, the cattle which he had brought
to this place, twelve head, were run off by the enemy, sf) that now he is entirely
.stripped of everything. The Colonel does not like him, and he looks to me for
protection which I am bound to afford him as far as I can, for I have been the
cause of his taking the stand he has, by which he has forfeited his life with the
enemy, so that should we drop him now, he could not long survive ; and to see
him abandoned to the vengeance of hisenraged ]H'ople would wcmnd me most deeply.
At soine future time I will give you a schedule of his i»topertv he has lost, so thai
should I leave the arni3' or fall in battle, there may be some Iiojh' left for him.
His conduct has been so honorable and manly, that I cannot but regard nivi as a
friend worthy of my esteem, and I believe all who have been with me rej. ird him
as I do. Mr. Winston joined the first company — his name was omitted through
mistake, he is now Orderly Sergeant of that company.

Once more, and I think you will give me credit for sufficient ^rt;7/V«/rt;7Vv for
once at least. There are plenty of horses in the vicinity, upon which we have .some
claim, but where they are or who will get them. I know not; I will buy one from .some
friendly Indian to-morrow, if I can, for my own use in the war, and as nearly all
those who came with me are now discharged, I think you need not troulile your-
self or the General about horses for the sj^ecial use of the ist Co., O. R. I'or the
regiment, the Colonel can speak him.self. Yet I thank you sincerely for the in-
terest you have taken in the First Company. Captain Officer arrived this evening
with six men, Capt. Maxon's company is now very large and important in the
service, being thoroughly efficient. Should this reach you before Gen. Palmer
leaves, you will oblige me by tendering to him my nio.st humble acknowledgements
for the polite and gentlemanly allusion to me in his letter to Mr. Deffendorf. I
never was troubled about the duties of the issuing commissary, but the manner.
T. McKay is said to be near this place, the number of men unknown. We need
military talent more than men. Your obedient .servant.

His Excellency, Gov. Abernethy. H. A. G. LKH.

Major Lee sent the following wise snggestions to Governor^ Aber-
nethy in regard to protecting the southern portion of the Willamette
valley. Its wisdom was demonstrated by the battle of Abiqua, which

TTn

1847

eiice for lis.

I iiiterpretiT

t be iissurt<l

lly relations

cp him hcrt'

s will l)c ill

(lay than it

of a sin^jlc

rse privately

impropriety

visited by a

be taken, I

irter a (juiel

remain with
ini indiviilu
It coinoiileil
had bron^^ht
L' is entirely
ks to me for
live l)een the
life with the
and to see
mostdeiply.
lost, so tlial
eft for him.
iird iiImi us a
L' rej.'ird him
tted thronj^li

ticulaiiiv for
ve liave .some
lie from some

as nearly all
trouble youi-

R. For the
ly for the in-

this eveiiiiiK
irtant in the
Gen. Palmer
wledjjements
leffendorf. I

the manner,
n. We need

. G. LIvK.

rnor^ Aber-
Willamette
qua, which

1847

PROVISIONAL GOVKRNMENT

361

wa.s fought aiul won by a hastily collected body of citizens on March

6th, or a little le.s.s than a month after the following was written. An

account of the battle will be given in its proper place.

Wascopam, Pel). 8, iS4«.
Afr. Ceorffe Abcrnclhy —

Dear Sir. Allow me to suggest the propriety of jjuarding the sontherii por-
tion of the Willamette valley. You will sec from Col. (Tilliam's report that the
river Indians have collected togetlier and given us battle at Meek's crossing on the
Des Chutes, being whipped, they fled up the river towards Klamath lake, and are
now supposed to be in a flat near the head of the river, where there are some
warm springs. This place is occupied by a part of the Indians all the time, and
the war party send to it all the cattle and horses, except the best which are retained
for use some days before the battle. This hot spring country is on their usual route
to the lake. It is highly probable they will .itlempt a robbery on the frontier,
knowing we are away. Ks()uire DefTendorf returns with a view of raising a com-
pany for that purpose, and explore more fully the southern porticjn of the territory.
lie is well (pialified to head jiuch a party. He is remarkable for his cool, deliberate
bravery, and i)rudent management. The company will be indciiendcnt, furnishing
themselves everything and acting ui)on thcirown judgment separate from the army.
I cannot recommend too highly the propriety of encouraging such companies.
The Indians go in sm dl parties when they do mischief, keeping the main body
out of reach. We lusl adopt the same course if we expect success.

In haste. H. A. G. I.KK.

For some unknown reason, the above suggestions were not acted
upon, and the Cayu.ses did send emissaries into the valley which re-
sulted in one pitched battle.

Hon. Ralph Wilcox, who was the first Regimental Adjutant, in
writing to Adjutant General Lovejoy gives the following :

Fort Wascopam, Feb. 7, 1848.

Gknkral. * * We had some fighting and have obtained consider-
able property from the Indians. Unfortunately we have lost three men ; one by
accident, being shot by the guard, having imprudently approached the sentinel in
such a manner as to induce him to believe he was an Indian. His name was Alex

ander McDonald. James Packwixxl and Jackson, were killeil by the Indian

during our absence on the Des Chutes river. They were stationed out with others
as horse guards some distance from the fort, and seeing some horses at a distance,
they went to drive them in, when they were killed by In<iians. There is no doubt
the Indians were lying in wait for them.

The difficulty of keeping the property obtained from the enemy, was .so great,
that Col. Gilliam decided to sell it, and you will receive a report of the amount
from Paymaster Magone. The Paymaster will take the receipts from the pur-
chasers and forward them so that the several amounts may be charged to the indi-
viduals. I wish you would send <lireclioiis in relation to this matter to the pay-
master, as we are all unactjuainted with the business ; send .some kind of form for
pay-roll or whatever you may think best. The property sold very high, in all,
amounting to nearly |i,2oo. There may Ix: some objections to this course of pro-
ceedings, but for my part, I think it the best we could adopt. The property being
mostly horses, could not be kept, but would be lost as fast as collected, and it sells
much higher than stock of the same kind in the valley, ' '

I 1

3^2

brown's political, history.

1847

Mr. Fales Howard resigned as 2d sergeant of 4th company (R), and takes his
place in the ranks as private. Thomas Hiickner was clerled to fill the vai-aiu'v.
Feb. 6th, IsaJic W. .Sullivan was elected isl Ijeuteiiant of 5th comjjany t<> till llie
vacancy caused by the death of I,ieut. Mrowii. Cajjtain Thompson is expected
daily. Friend /Meek is in a terrible stew siiiie he heard of the expre s btiii>; dis-
patihed to Califotina and the States. I endeavor to comfort him by saying that if
he gets beat in the race, he will make the hesl sfi070 when he gels there. There is
no donbt we shall have some Hard fighting, but our boys are the right strii)e. In
the action on Dcs Chutes river, wc had not only to fight the Indians but to
climb a tremendously steep rocky mountain to gel at them. There is no donbt
some were killed, but it was impossible to ascertain the number, as every one that
was hit was carried off. Only one " tlo.ston" wounded. Mr. Shaw has resigned
his office as Judge Advocate and will go home. Jacob Rinearson was appointed by
Col. (lilliam to fill the vacancy to act from date.

Yours truly, R.WILCOX

Cointnissary General Palmer made the following report to Gov.
Abernethy :

Wascopam, Feb. j6, 1S4S.
Yesterday the regiment took up the line of march for W'aiilatpu. (Mtr first
encampment was on the second creek aI)ovc this place, and as the baggage wagons
were not all forwarded, I came back to attend to it. Our force numbered little
over 300 men. Twenty-seven men, including the sick, have been left at this jilace.
Two Indians belonging to a tribe forty miles north of the Columl)ia river, have
been in. We had a talk with them, and gave them tobacco and a flag lo take to
their chiefs. They inforr:ied u.^ that many Indians on Des Chutes, John Dny's and
Columbia rivers, have removed and settled in the Cayuse country. They also slate
that the Nez Percos have joined the Cayuses. Two of the Indians engaged in the
ba^r^ on the Des Chutes river came in yesterday as messengers oi peace. We
talked to them and gave them a flag aiul tobacco for their chiefs. They are to
meet us at the crossing of the Dcs Chutes river. J. PALMKR.

Camp at Springs 25 Mii.ks West ok Umatilla, Feb. 24, 1S48.
Gov. Abernethy, — Sir. Vesten ay as we were leaving camp, a parly of thir-
teen Indians were seen following our trail. We met them and they pro%'ed to be
the Indians who resided up the Des Chutes river, to whom we had sent a flag.
They were old chief Hcardy and several principal men. They cxpresse<l a strong
desire fur peace. A part of them had been in the skirmish with Maj. Lee at The
Dalles ; but say that they were forced into it by the Cayuses. That all their prop-
erty had been taken, and ihcir lives threatened if they did not join them. They
were not engriged in the last two battles. Reardy seems not lo be implicated in
the matter. Waliptoleke look an active part in the last engagement, and was one
of two, who rode nearest the Americans in the engagement ; but he has rei)ented,
and wishes lo settle the matter, and asks permission to joiu our camp. lie slates
that a part of the goods left in his charge have been taken, but that he has cached
the most of them ; which with the horses and cattle which have not been stolen, he
will return lo the Americans at The Dalles upon our return. We sent him word that
we will inform him when to bring it in, and that wc will hold a council with all the
people in that vicinity upon our return. Bcardy and his people are to remain upoi'i
his farm. They will render sotne assistance by informing us of the disp<isition of
the Indians in Uiis quarter. We have dispatched Indian Klijah as messenger to
Fort Walla Walla and to the Nez Perces. We expect a messenger from the fort

-FWr^H!

1847

11(1 takes his
lie vaoancv.
ly to fill tile
is expected
s liein^ (lis-
lyiiiK that if
e. There is
t stripe. Ill
aiis, Iml lo
is no (loiiht
ery one that
lias resigned
ip])Otnted by

WILCOX
irt to Gov.

J 6, 1S4S.
11. Our first
\i'd^e wagons
n he red little
at this place.

I river, have
ig to take to
in Dhv's and
ley also state
gaged in the
f peace. We

They are to

). 24, 1848.
party of thir-
proved to be
i\ sent a llag.
ssed a strong
j. Lee at The

II their prop-
theni. They
implicated in
, and was one
lias re])ented.
p. lie slates
ic has cached
;;eu stolen, he
lini word that
1 with all the
) remain npoii
disposition <<f
messenger to
from the fort

1847

PROVISIONAL GOVKRNMKNT.

363

to-day. We learn by Reardy, that the Caynses have fortified, and had expected to
fortify near the foot of the lUnc mountains on tiie saw mill stream. \V'e have no
other news. There arc no Indians lo be seen in the country ; but the trail of spies
has been discovered, and we shall probably have an attack by night, before we
reach Waiilalpn. J(.)RL I'ALMKR.

The following letter written hy riisho]> Hlaticliet, addressed to the
" Commander of the Oregon Army," was brought to Oregon City l)y
Quartermaster Jennings, and translated by Dr. Mcl/mghlin. The
date has been omitted, but it was probably written about Feb. i, 1848,
from the mission in the Yakima country :

Sir. I have some intelligence from Walla Walla, which I got from two Indians
who arrived yesterday. I communicated it to my Indians— the Yakamas, and
they have requested me to write you again. They arc more than ever resfjlved not
to join the Cayuses, especially since they have been informed that the Caynses
were angry with them, because they had refused to make war upon the Americans.
The two Indian^ whom they sent to you are to learn what is going on, and bring
the intelligence to the camp. Whatever may happen, I think th»y will not change
their present intention. I have told them the Americans were very numerous, and
that the Cayuses could not kill them all, and the Yakamas had no reason to fear
that the Cayuses could kill them on their lands. The Indians report that only
the Palouses have joined the Cayuse, and that the Yellow Serpent had not joined
them. The first chief of the Yakimas, Cidics, requests me particularly to inform
Mr. McKay, that he had been his friend for many years and that he will remain so.
His brother, .\ourhaie, whom Mr. McKay knows well, is detained by the Cayuses,
who have threatened to kill him, if he attempted to return to his lodge — he is a
good Indian, and I wish he could return home. Up to the present, I had hoped
that peace could have been made between the Americans and the Cayuses ; but
afler what has been written to me, it appears to me improbable. I will do all I can
to instruct my Indians, and teach them to cultivate the ground, and trust with the
blessing of God, that they will become humane. I have the honor to be, sir, your
humble servat. F. N. BLANCHET.

Vancouver, Feb. 29, 1848.
Geo. Abernethv, Esq'r. We have received a letter from Father Blanchet,
in the upper part of the Yakama river, dated i6th inst., stating the Yakamas felt
no inclination or will to join the Cayuses, although many other tribes had, merely
confirming what had reached us by The Dalles. It is my firm conviction when the
troops reach Walla Walla, the enemy will soon dwindle away. I however may be
mistaken. Yours in haste, PETER SKEEN OGDEN.

The above is in entirely a different tone from the prediction that he
made to Capt. Lee at The Dalles, while on his way down with the res-
cued captives. He then stated that all the Indinn tribes alon^ the
Columbia river would join the Cayuses, and that he doubted whether
the Americans could conquer a peace, and that to attempt a winter
campaign was the greatest of folly. But when he. and the other offi-
cers of the H. B. Co., saw with surpri.se the energy displayed by the
Americans, and that they were determined to invade the enemy's couu-

^ I

\- i

^' m}

i''Ui

««♦

BROWN'.S FOI^ITICAI. HLSTORV.

1847

try, compelling them to sue for pe.ice, they had a practical demotistra
tion proviiif? that there was another power in the land, equal if not
greater than their own.

First Lieut. Charles McKay, wrote the following interesting letter,
giving a good description of the general battle fought and the opera-
tions of the army up to d;ile of the letter. lu)r the want of time to write
to each separately, he addresed it to the four individuals named :

Wam,a VVam.a, I'el). 2S, |S4,S.
To Messrs. /hooks, Smit.'i, Mcf.onirhlin and Wilson :

Dkar I'-RiKNos. Tliis is tlie first opportunity I have liad to send any inlclli-
gcnoe of our procectlinjjs since \vc left Tlic Dalles, whioli I embrace, hut as time
is pressing, I write but one scrawl to all (»f you. The Tirst circumstance of import
ancc which occurred since wejoiued the armv, was the making of a treaty with those
of the I)es Chutes Indians, willi whom Col. rrilliam fought before our -irrival.
On the secontl ilay after the makiu).; of the treaty, we met a combined force of
Cayuses, Walla Wallas and Indians of other tril»es, amountinj.j in all to |iS armcil
men ami about loo more without xuus who remained spectators to the conflict. It
is impossible at presetU to ^ive a perfect description of the en)^aj.jemcnt. Hut it is
enoiiRii to say, that the enemy hail every ailv inta-^c of j)osition, addi'd to a thor-
ough kuowledj{C of the hills and ravines wh h marked the face of the country.
Our lines were exlemled and nearly forme<l a circle, with the horses, cattle and
wagons in the center. The enemy commenced the action by charging,' towards us,
and firing, which was briskly retnrneil by our i)arty. vSome of the Indians, more
ventnrsome than the rest, came so near to us that they were shot. Two of them
were men of infiuencc, one of whom was (Ireal Kagle. .\ Cayuse medicine man
was killed by Thomas McKay. I-'ivc Crows, the fellow who took one of the girls,
was shot in two places, smashing his left arm into si)lintcrs. He dropped his gun
which I obtained, and if my h<»rse had been ginxl, he woulil not have escaped me.
After this, the Indians keptuptheir firing, but at a great distance off. Their fu/.ees
throw balls further than (mr rifles, in which they had an advantage. The firing
continued until within an hour of sunset, when the Indians cleared f)Ut and left us
masters of the field. The cannon was discharged twice, but without much effect.
Five of our men were wounded, one severely, being shot through the right breast.
There are well grounded hopes of his recovery. On the next day a truce was
agreed upon, when some fal.se reports were explained to the Walla Wallas, Nc/.
Perces, and other tribes, that is to say : That the Americans were intending to
kill them all, and take their lands. \'\mn hearing which, they refused further in-
terfering in the matter, and ijumediately dejiarted for home.

We understand (but it is impossible to arrive at the exact truth) that thrceof the
enemy were killed, and several others and a great many horses wouufled. It was
indeed a handsome sight to see fighting men galloping on their horses, and spec-
tators on the hills (even women were there) to witness the conquest of the Ameri-
cans. The enemy had threatened that " the Americans should never drl.ik of the
waters of the Umatilla." They had further threatened that they would beat the
Yankees to death with clubs, and then proceed to the Willamette, and take women
and everything, but in this the Indians were egregiously mistaken. By the Indi-
an's'account, their loss was sustained from that portion of the field where our party
was]]stationed, but I imagine that they sustained loss from other portions of the
army.

1847

rROVISIONAI, OOVKRNMKNT.

3^'5

.'nionstra-
lal if not

inj; letter,
the opt-ra-
le to write
iK'd :

H, 1.S4S.

any iiitolli-

Imt as time

e of iiiiporl

y with thosf

our arrival.

lied force of

.11'^ ariiHMl
connict. It

It. Hilt it is
•d to a thor-
Ihc country.
!R, cattle and
1^ towards us,
idiaus, tuorc
rwo of them
ediciiie man
of the H'rls.
)l)cd his f^un
escaped me.
Their fnzees
The firing;
It and left us
much effect,
rifjht breast,
a truce was
Wallas, Ne/
intending to
m1 further in-

iit three of the
ided. It was
^es, an<l spcc-
ofthe Ameri
dri.ik of the
ould beat the

1 take women
By the Indi-

here our party
ortious of the

March ist. We have had a talk with the Indians, and proposed a treaty with
those only who were friendly ; but we have since heard that they are all combinid
with the excepticm of the Yellow Snake. We expect to be at Whitman's to-day.
Some of our party were foolish enough to tell the Indians, that Thomas McKay
and myself shot the two Indians above mentioned. So we have to look out. I'^x-
cuse al)ruptness as the courier is departing.

Vours truly, C. McKAY.

Col. Oilliain, hy the satnc express that the abovo 'vas sent, Ibrwanled
the following!; to (lox-. Ahernethy, hut it is not as full ;is it shuiild have
heeti as he well knew that lull inforniation was greatly desired hy the
offieials and the piihlie )4enerall)'. Hrevity ' i lime- is cutniiicndi'ble,
hut not as a rule :

I'ORT WaI,I,.\ WAj.Li, I'Vb. 2q, 1S4S.
/"" Ws Kxcdlency, Cevti^e Abcrnethy :

Sir. I arrived at this ])lace last cveniiif- in lifteeii days from I'ort Wascopam.
The hostile Indians met us the day before we reached the Fniatdla, and ancnj(a^;e-
ment took place, which lasted abf)ut three hours. None of the men killed, ami
r)td)' six wounded, two of them severely, but will prol)ably recover. Some of the
Cayuse chiefs who were not eiij^aj(ed in the action, came into cam]) next day .ind
])rofessed a desire to remain at peace; anions the number was Stickus. The mini
her of hostile Indians wc have learned amounted on the day of action to .117. Tani-
suckie is encamped a few miles below Whitman's place, and all the cneni\' it is
supposed will collect at that ;;!ace to ^ivc us battle. 1 wish you to send more men
into the field, as it is hij(lily probable tint a large number of liulians will take the
field aii'.aiiist us. 1 have not been able to ascertain what tribes will fight us. It
will be advisable that the men should be sent on foot or in boats, antl that the pro-
visions should be forwarded to this ])lacc by water. Some of the Company's men
who are actpiainteil witli the river could be had to pilot the ))oats to this place. It
is absolutely necessary that more men shoulil l)e sent up immediately, and also
provisions, as we now have but a small (juantity f)f flour on hand.

I have learned from the Indians that in the action of the 25tli, eight Cay uses
were killed, and among the woiiniled was I'ive Crows,. It was said he woulil die.
Among the other tribes who fought against us, we cannot ascertain how many were
killed and woiimled. .S<mie of them living on the north side f)f the Columbia, left
and went home after the action. We shall proceed at once to Whitman's place
and establish a post in that vicinity. I remain yours truly, C. GIU,IAM,

Gov. Aherncthy wrote the followiuff apfal to Commodore Shu-
hrick for assistance, and sent the same hy Capt. Kilhurn of the hrit?
Ifcnrv who sailed to San Franci.sco about that time :

Orkgon City, March 11, 1848.
Sir. I liave written you under date Dec. 2Sth and Jan. 25th, last, both of
which failed to reach you. I herewith send letters and the Spectator, from which
you can seo our present situation. Captain Kilburn of the brig Henry can inform
you on any subject you may wish to inquire of him. I would again call your at-
tention to the necessity of sending us one or more vessels of war as soon as possi-
ble. Indians are restrained by fear ; they have a dread of cannon and man-of-war

366

brown's political history.

1847

3iiii

ships. I have told them a ship of war would be here in the spring. I am waiting
with anxiety to liear from the conimissiotiers sent up to treat with the Indians.
Should wc succeed in settling this affair, which is uncertain, the presence of one
of our ships at this juncture, would let them know that the Americans have it in
tlieir power to punish them, and would probably deter them from further aggres-
sions. I have conversed ,.'th the pilot at the mouth of the Columbia. He says
he can bring in a ve;'.Kel drawing twenty-two feet of water. Under his care, any
■^loop-of-war, under 30ur command can enter our river. Captain Kilburn says, if
needed, he will come up in any vessel sent by you. Yours truly.

GEO. ABERNETHY.
CoMD'R, W. Bradford Shuerick. Governor of Oregon.

Chief Factor James Douglas, of the H. B. C, wrote the following

to Gov. Abernethy, which gives variotts items of interest :

Fort Vancouver, March 15, 1848.
George Abernethy, Esqr.

Dear Sir. One of the Company's servants has this moment arrived with
dispatches from Walla Walla, of date the 7th inst., and I hasten to communicate
the intelligence received for your information. The army had made their way to
Waiilatpu and taken possession of the remains of the mission, the Cayuses having
been defeated with considerable loss some days previously in a pitched battle near
the Umatilla river ; and had since fallen back upon the Nez Perccs' country. Ser-
pent Jaune, chief of the Walla Walla tribe, had visited the commissioners, and de-
cided on remaining quiet. The Nez Perces had in part also decided for peace, and
were expected in camp within a few days. The remaning part of the tribe appeared
still undecided about the part they would take, and will no doubt be much influ-
enced in their future conduct, by the success which attends the operations of the
army. Their sympathies are with the Cayuses, but fear may restrain them from
taking an open part against the whites. The Cayuses remain therefore without
any open support from the more powerful tribes in their neighborhood, and in
such circumstances, cannot be expected to make a very protracted defense. The
accompanying copy of a letter from Mr. Palmer, possesses much of interest, and
will put you in possession of further particulars.

Our dates from Fort Colville are up to Jan. 23d. The Indians were all quiet
and well disposed, though they had been severe sufferers from the measles and dys-
entery. Their detestation of the bruml conduct of the Cayuses, hns been openly
and generally expressed, as well as their determination to oppose the repetition of
such atrocities in their country. Messrs. Walker and Eells have l)een induced by
the friendly protestations of the Indians about them, to continue tlieir residence
at the mission near Spokane. Mr. Lewis offered them an asylum at Fort Colville,
which that gentleman observes in his letter, " is still open to them if necessary
hereafter, and I will give them every assistance in my power, if they are compelled
to remove and fly to this place for safety. All the ' Finley's' ' at ' Fools river,'

iDr. Win. McKay has favored me with the following in jegard to vhoin the " I'inley's" wer<*
ami the information is reliable : " The Finley family who reside on Colville river and Jnco valley
are numerons. There were oriRioiially live brothers, and their desoendants are liniitfrs and trap-
pers, f>-uc/t shots with the I ifle They have immense inthience with the Flat Heads, Colville and
Spokane Indians. They protected Messrs. Walker and Kells durinj;: the time of the Inilian troubles.
No Indians would dare attack Iheni. The l-'inhiy's oriKinally came from the Saskatchewan of
Britsh territories, ami are of Scotch descent. You find them now all over the northwest, in Idaho
and Montana.

*("■

■ H

1847

PROVI.SIONAL GOVERNMENT.

367

iir resilience

have volunleercil their aid and assibtaiice to protect Messrs. Walker ar;fl Eells if
necessary, which I think is fortunate. As the determined character of these men is
generally known among the Indians, few or none will like to come in contact with
them." \Vc have letters from Tort Hall up to Dec. 3olh. No intelligence of an}'
interest from that quarter, beyond the fact that a city has sprung up, as if by en-
chantment, in the midst of the desert, near the southern extremity of Great Salt
Lake. It contains a population of 3,(K)f) persons, and numbers within its precincts
6(Ki houses. One (lour mill was in operation, and four saw mills were nearly fin-
ished. In haste, yours truly. JAMES DOUGL.'VS.

Waiilatpu, March 4, 184S.
William McBean, Esq.

Dear Sir. I have been requested by Capt. McKay, to apprise you of the
progress we have made in adjusun)^ the differences between the whites and Cay-
uses ; and I am happy to say thac matters are assuming a favorable appearance.
With yours and his assistance, with a little forbearance on the part of the troops,
I believe all that could be desired, will be accomplished without further bloodshed.
Capt. McKay thinks Captain Grant ' can travel through the country with perfect
safety. Mr. Meek will leave the first of the week. Dr. Newell will write to Capt.
(irant according to your request. In haste. JOEL PALM fi;R.

Dear Sir. I have only time to say a word. Stickus was here yesterday, and
things look more favorable since (iervais arrived. I wish to go down when your
people go. I will be ready in a few days and come to the fort. No time for par-
ticulars. With respect. R. NEWELL.

Oregon City, March 16, 1S48.

Dkar Sir. I received your letter of yesterday, last evening, and beg leave to
return to yt)U tny thanks for y-^ur kindness in placing me in possession of the in-
formation contained therein so soon after its arrival at Vancouver. I have been
very anxious to licar from the u])per country ; and feel gratified to learn that there
is a prospect of a speedy lermiuatioii of the war in that neighborhood. It appears
from a letter that I received lo day, that the residents of Benton county have come
in collision with the Calapooia's. Two Indians killed and ten taken and severely
whipped. I do not know the cause of this, but regret it very much. Mr. Apple-
gate is my informant. I remain yours truly.
JAS. DouGi-AS, Esq. GEO. ABERNETHY.

Brevet Captain VVilliains counnaiuling at Fort Wascopam, thus de-
tails the situation at tliat post, while the artuy was at Waiilatpu. It
shows there was trouble in the rear as well as at the front.

I-'ORT Wascopam. Feb. 28, 1848.
Afr. George Aberneihy:

Dkar .Sir. Having the linnor of being Brevet Captain of the forces stationed
at Wascoj^ani, I deem it my In ty to report to you, Ihe strength, condition, and
future prospects of maintaining honorably and successfully the military stores de-
jHisited at this place ; and also noting the circumstances that constrain our njcn to
believe that there is a strong ])robal)ility of hostilities being opened against us by
the enemy upon the river, in intercepting our boats, as well as an attack upon our
fort. In fact we consider our boats in the most imminent danger from intercep-

I Cilptiiin t'liiiiit iiiul charge "! Fori lliill, one ol 11. W. C-i's. trailing posts. As far as there
beiug any daiijjci for any person connecteil with that i-onipauy is concerned, is all " bosh," It wan
only Americans the Indians were hostile with.

368

brown's political history.

1847

tion by hostile Indians, while passing and repassing from the Cascades to this
place. To-day our boats arrived laden with flour, salt and pork, and the Captain
informed us that he discovered Indians on the north side of the river, in a situation
that in his opinion presented an as-pect, that was not altogether friendly. This he
also reports to be a very unusual thing ; because a majority, in fact we may say,
the whole of our friendly Indians have removed from the north side of the river
to the south side, in the immediate vicinity of this place, in order to be under the
cover of our protection. Consequently the opinion is, there was a hostile or un-
friendly motive in their procedure. Two of our men left this place in pursuit of
saddle tree timber about twelve miles from this place. They reported on their re-
turn that they saw Indians, showing, in every .sense o.*" the word, movements of a
hostile nature. Consequently, such evidence leads us to believe that the river is in
all probabilit}', destined to be the scene of hostilities. Then, sir, you may imagine
our situation and the danger our boats are in while transporting provisions from
the Cascades to this place Therefore, we solicit your attention, eagerly in behalf
of our military stores, while under transportation, and the property, in the charac
ter of stock, about the fort. We are not, as you will hereafter see, with the small
force able to protect the fort, stock, and the boats. The number of men that could
in case of emergency bear arms, provided an attack upon the fort was made, would
amount to about twenty-five men, l)ut five of them are without arms, consequently
the amount of their assistance in combatting the assault of an enemy wroth with
desperation and <ietermination, would be rather of a minor character ; therefore it
is necessary in my opinion, that a reinforcement should be immediately sent to
our assistance, and to the assistance of the boats. A few arms are also necessary,
in order to supply the deficiency alM)ve mentioned, besides amnuinition is scarce.
We have two guns out of repair, one rifle and one musket.

I will now endeavor to explain to you, why our situatiot; is considered critical.
You are, I presume aware that all the Iiuliatis, save tliose of the Wasco tribe, are
hostile, and are, I presume, encamped somewhere upon the I)es Chutes river, 1
mean, when I say all those who live upon the Des Chutes and its tril)Utarics, and
are making preparations, we believe, to commence hostilities against us at this
place in the absence of the main army. It is reasonable to suppose that such
might be the case. I deem it my duly to mention the probable occurrence to you,
whether it is true or not. I will "leution, that it is not considered altogether safe
to confide too much in the fidelity atul friendshi]) of the Indians who call them
selves our friends. I am firmly impressed with the idea, that if we are attacked b)
a pretty large body of ho.stilc Indians, a part, if not all the Indians that are en-
camped but a few miles from the fort would think it i)olitic and over safe to join
the enemy because our party is too small to maintain ourselves and render thein
assistance suflTicient to rescue the women and children from the merciless knife of
a blo(Klthirsty and barbarous enemy. I am very certain that they entertain such
views. If such should be the case, the increase would be considerable on the part of
the enemy, as there is not less than fifty or sixty warriors belonging to the encamp-

ment.

Yours truly.

d^/^^^c^O'^ (^c^i^^^i^^^t^^

Brevet Captain, Fort U'ascopam,
The condition of affair.s being of such serious condition, Governor
Abernelhy thought it best to raise 300 more men to carry on the war,
and accordingly issued the following

!''[■

l847

cades to this
the Captain
11 a situation
ly. This he
we may say,
of the river
be under the
lostile or un-
iti pursuit of
, un their re-
/emeuts of a
he river is in
may imagine
jvisions from
;rly in behalf
11 the charac
ith the small
icn that could
; made, would
consequently
ly wroth with
; therefore it
iately sent to
Iso necessary.
Lion is scarce.

dered critical,
asco tribe, are
hutes river, I
-ihntarics, and
nst us at this
ose that such
irrcnce to you,
Itogether safe
^ho call them
re attacked 1)>
IS that arc cu-
lt safe to join
1 reniler Ihein
rciless knife of
entertain such
poll the part of
) the encamp-

H'asiopain.

Ml, Governor

' on the war,

1847

PROVISIONAL GOVERNMENT.

3^^Q

PROCLAMATION.

Recent accounts fmin tlie seal of war show, that the Indians are in pretty
strong force and determined to fight. Many of the tribes have ex])ressed a desire
to remain peaceful, l)ut theie can be no (jnestion, that the slightest defeat on our
part will encourage portions of them to unite against us, and if they should unfor-
tunately succeed in cutting off or crippling our army, it would be a signal for a
general union among them ; fear is the only thing that will restrain them. It is
necessary at the present moment to keep a strong force in the field, to keep those
friendly, that li.ive manifested a desire for peace, and to keep the hostile Indians
l)usy in their own country, for the war now must either be carried on there or in
our valley. Tlie (jueslioii is not now of a matter of dollars and cents only ; but
whether exertions will be made on the part of the citizens of the Territory to re-
inforce and sustain llie army in the upper country, and keep liown the Indians,
( which our men are able and willing to do if supported ), or disband the army ani|,
fight them in the valley. One of the two must be done. If the army is disbanded,
l)efore two months roll round, we will hear of depredations on our frontiers, fami-
lies will be cut off, and the murderers cm their fleet horses out of our reach in some
mountain pass before we hear of the massacre.

Many young men are willing to enlist and proceed to the seat of war, but are
unable to furnish an outfit; let their neighbors assist them, fit them out well and
send them on. As a people, we must assist and carry on the war. I hope sincerely
that the Government of the United vStates will speedily extend its protecting care
over us, but in the meautiine we must protect ourselves, and now is the time. I
therefore call on all citizens of this Territory to furnish 300 men, iu addition to the
number now in the field. Three new companies will be organized and attached to
the regiment commanded by Col. II. A. G. Lee. Kach company to consist of eighty-
five men, rank and file; the remainder will be distributed among the companies
already (irganizeil. The enlistments t(%be for six months unless sooner discharged
by proclamatioM or relieved by the troops of the United States. Each man will
furnish his own horse, arms, clothing and blankets. The companies will bring all
the ammunition, percussion caps, and camp ec^uipage they can, for which ihey
will receive a receipt from the Commissary t.cneral.

All citizens willing to enlist, will form themselves into detachments in their
several counties and be ready to march to Portland, so as to arrive there on Tues-
day, the iSth day of April, on which day Col. Lee will be there to organize the new
companies; after which the line of march will be taken up for Waiilatpu. If a
sufficient numljer of men to form a foot compauy appear on the ground, they will
be received as one of the above companies.

^^^"^ A*"^ ^" witness whereof, I have signed my name and atlixed the

^V^ , 0_^ seal of the Territory ; done at Orcgoa City, this firs^

(lay of April, 18 ,S.

The U. S. Tnm.sport AniL.'t, Acting Captain S. C. Woodvvorth, ar-
rived in the Columbia river and anchored near the nioulh of the Wil-

» J'

' I >

Hi*

370

brown's political history.

1847

lamette, on March 16, 1848 ; bringing Maj. James A. Hardie, for the
purpose of mustering into the U. S. service any troops that might be
raised in Oregon for the purpose of garrisoning Mazatlan and other
southern ports. The news of the Ca> use war had not reached Cali-
fornia when the Anita sailed. Commodore W. Bradford Shubrick,
commanding U. S. Naval forces wrote the following letter to Gov. R.
Mason for. 1,000 men to be sent down to Mazatlan for the purpose of
holding that place and others as stated above. Gov. Mason dispatched
Maj. Hardie to Gov. Abernethy with a request for four or five companies.

(Copy.) U. S. Ship Independence, Mazatlan, Dec. 6, 1847.

Governor. I embrace the opportunity of a vessel going to the Sandwich Is-
lands, to send you a copy of a letter received this morning from a reliable source
at Tepic. I have written you several times since I came here but fear none of my
letters have reached you. I will therefore recapitulate in brief. I took possession
on the nth, without opposition. Teller, with Soo cavalry, artillery and infantry
retreating before 550 sailors and marines. Lower California is in a bad state; num-
bers of Mexicans have crossed over since we took Guaymas, and have made Hay-
wood at San Jose, and Burton at La Paz very uneasy. I have the Cyane at La Paz,
and the Portsmouth at Sau Jose now, aud the Southampton will soon take the place
of the Portsmouth ; but it is absolutely necessary that more troops should be sent
into the territory; it cannot be kept quiet with less than 500 men. Unless you send
a sufficient garrison to San Jose to hold it without a ship, it must be abandoned
and the flag of course struck in May, as after that month a ship cannot be at anchor
near enough to succor the garrison. The same may be said of this place. I should
think 1,000 volunteers might be raised in Upper California and this place. The
importance of holding Mazatlan will justify any means that you may adopt for
that purpose. It is the principal port of Mexico on the Pacific, and the tariff of
the 3d of April, is now in successful operation. Under direction of Lieut. Hallcck
we are now erecting fortifications and defenses, which will leave nothing for the
officer who may occupy them after us, but to watch the appearance of the enemy
and beat them off. I am yours truly,

CoL. R. Mason, W. HRADFORI) SHUBRICK.

U. S. Army, Gov. of California. Comd'g Pacific Squadron.

Headquarters loth Military Department, \
Monterey, Caijeornia, Jan. 2S, 184S. (

Sir. l""rom intelligence received here yesterday from Coniiiiodorc Shubrick,
commanding the IT. S. Naval forces off Mazatlan — ^a copy of his communication is
enclosed herewith. I deem it of the utmost importance to raise a corps of 1,000
men to send to Lower California and Mazatlan as early as praclicabc. 1 shall there-
fore dispatch an officer. Major Hardie of the army, to confer with your Excellency
and if possible, to raise in Oregon, an infantry battalion of four companies to be
mustered into the service of the United States, to serve during the war, unless
sooner discharged, or if it be impracticable to engage them f»)r that period, then to
engage them for twelve monllis from the time of being mustered into service, un-
less sooner discharged. The Ijattalion will consist of field and staff, — one Major,
one Adjutant, a Lieutenant of one of the companies, but not in addition. Non-
commissioned staff— one Sergeant Major, one Quartermaster Sergeant. Four

itir

1847

PROVISIONAL, GOVERNMENT

371

companies, of which to consist of one Captain, one First Lieutenant, two Second
Lieutenants, four sergeants, four corporals, two musicians and 100 privates.

Should the number of privates on being mustered, not fall below sixty-four
effective men in a company, it will be received. In the United States, the volnn
teer officers are appointed and commissioned in accordance with the laws of the
State from which they arc taken. The officers from Oregon will therefore of course
be appointed pursuatit to the laws of Oregon, if there are any on that subjcrt, if
not, in such manner as your Excellency may direct, in which case, I would re-
spectfully suggest that the company officers be elected by their respective com-
panies, and that the Major be appointed by yourself, and I would further respect-
fully suggest the extreme importance to the public service, that the officer be ju-
diciously selected. The place of rendezvous for the several companies as fast as
they shall be organized, is necessarily left to yourself and Major Hardie. * * *

I do not know how this call for volunteers will be met in Oregon, but I flatter
myself with the assurance, that it will receive the cordial support of your Kxcel-
lency, and I am certain it will show that the citizens of Oregon have lost no pat-
riotism by crossing the mountains, and that they will be equally prompt in com-
ing to their country's standard, as their brethren in the United States.
Yours respectfully.

To his Excellency,

Gko. AbkrnRThy, Gov. of Oregon.

To the above. Gov. Abernethy wrote the following declining to

raise the battalion for California, and giving his reasons therefor which

were cogent and convincing. There is no doubt, if there had not been

a war in Oregon at that time, but that Major Hardie could easily have

raised the battilion, but the Territory had within itself all that it could

attend to for the time being.

ExKcuTivK Department, ^
Orkgon CiTv, April 3, 1S4.S. |

Sir. I received your letter of 2Sth of Jan'y. last, together with a copy of
Commodore Shulirick's letter of 6th of Dec. last, and in reply would beg leave to
state that in the existing state of affairs in this Territory, I do not think it would
be prudent on my part to send any men out of the Territory, before lliis reaches
you, my letters of Dec. 28lh, Jan. 26th, and March nth, together with copies of
the Spectator will have reached you, from which you will have learnetl our situation
and the need there is of our being assisted by the Government of the United States.
I have in these letters begged that a sloop-of-war might be sent to our aid. I
should have called for men, as we need a few disciplined troops to take the lead.

672

brown's politicai, history.

1847

: I, ;

«: !

but concluded j'ou could not spare thcni. Wc need very nuicli a few field pieces,
balls and powder. A quantity of rifle powder and lead, and in fact everythinjr that
is really needed to carry on a war. May I 1)0 permitted to ask your aid in furnish-
ing us with these necessary articles. I send you with this a Sprtiator of March
25th, also an extra issued this day, and a cojiy of my proclamation calliuj,( for 300
men in addition to those already in the field ; and it is not at all inii)r<>l)al)le l)ut
I may have to call a larj^e number of men into the fit Id to protect the Willamette
valley. I am ^'^'^ Ibat we have been visited by Maj. Ilardie, as he can on his n-
turn, inform you more fully of our situation than I can by IcUer. I rcjjret (hat
circumstances are such that this j^entlcman returns without the aid you expccte<l
to receive from Orc.ijon, and sincerely trust ihat you will not lay it to our want of
patriotism, for I assure you that nothinjr would have affoided me more j.leasnre
than to have mot the call of your lAcillency, and I have not a dcmbt but that it
would have been cheerftilly responded to by our citizens. I have the honor to be
your obedient servant. GEO. AHI<;RNIvTH V,

To his Pvxcellency Gov. of Orev^on.

R. R. Mason, Gov. of California.

Gov. Abernethy at the same time wrote to President Polk the fol-
lowing letter to be sent by the Aeitn on her return to California, to
be forwarded by the first opportunity ;

Orkgon City, April 3, 1S4S.
vSlR. I am aware that nuicli of your time is occupied, and shall be brief in
my remarks, hopirig the importance of the case, will excuse this liberty. .\ copy
of the memorial passed by the IvCgislature at its last session, together with i)apcrs
containing the account of the massacre of Dr. Whitman and others at Waiilatpu
by the Cayuse Indians, were forwarded to Congress by Mr. J. L. Meek. I also
forwarded an application via California. As Mr. Meek left Walla \7alla on the 4th
ult., he will no doubt reach you in May. I send with this a file of the Spcciator,
and an extra issued to-day, together with my proclamation by which you will per-
ceive that we are carrying on a war with the Indians of the interior. Sometime
since, commissioners were sent up to treat with the different tribes, am' endeavor
to detach them from the Cayuses. They effected a great deal, the Walla Wallas, Nes
Perces and other tribes, accepted presents and declared they would remain friendly
with the whites, still there are a great many that will unite with the murderers; all
the restless and turbulent spirits among the different tribes, those that were guilty
of robbing the immigrants last fall, and many who look with a jealous eye on the
inroads of the white man. So that it is to be feared that a large party, will take
to the field against us. Our settlers are scattered through the different valleys,
many of them isolated and lying in such a position, that they could be swept ofl'
in a night, and the Indians be in the rouutains out of reach next morning. Our
policy is to keep the Indians busy in protecting their families and stock in their
own country, and by this means keep them out of the valley ; and we hope we
shall succeed, but wc have no money, no munitions of war. Our patriotic volun-
teers are destitute of clothing, tents and provisions, even while in the field, still
they are there in good spirits and determined to fight to the la.st. Our powder is
gathered up in half pounds and parcels. As the settlers have brought more or less
in for their own use, this will soon give out. I have written to Gov. Mason of Cal-
ifornia for a supply of powder and lead, which I hope will come by first oppor-
tunity. I have also written to Commodore vShubrick to send us a sloop-of-war to

1847

PROVISIONAL GOVKKNMKNT.

373

:M jiicocs,
IhiiiK that
in furnish-

of March
11}^ for ,V)C)
<)l)ablc hul
.Villamelte

on his re-
rcgri'l that
II cxpcctefl
nr want of
10 j.lcasiire
hnl that it
iinor to be
•TUV,

Oiei^on.

k the fol-
ifornia, to

i, 1S4S.
be brief in
y. A copy
with i)apcrs
t Waiilatpu
;ek. I also
I on the 4th
e Spi'ctalor,
on will per-

Sonielinie
K; endeavor
Wallas, Nes
ain friendly
iirderers; all
were guilty
5 eye on the
Ly, will take
■ent valleys,
be swept ofi'
rninjr. Our
ock in their
we hope we
riotic volnn-
le field, still
XT pcjwder is
more or less
lason of Cal-

first oppor-
op-of-war to

lie in our river to show the Indians that we have forca that can be brought into
this country if necessary. Fear, and fear only, rules and controls Indians. Know-
ing this, they have been informed that we expect a man-of-war this summer, and
as soon as our Great Chief hears that his people have been murdered, he will send
some of his chiefs here to punish the murderers. Should this pass off and we re-
ceive no visit from our man-of-war and no troops are sent into the Territory, our
situation will not be an enviable one. The Indians will say all this has been said
to frighten us, see, their ships have not come ; their soldiers have not come, do not
let us be afraid any longer. Probably a large immigration will be on their wiy to
this Territory this summer. I hope that troops will accompany them, for the In-
dians are well aware of their route, and the time of their coming, and if not pro-
tected, they will very likely go on to meet them, and rob, plunder and murder all par-
ties not strong enough to resist them. They robbed them last year; they will, I fear;
proceed further this year. I hope sincerely, whether Congress passes a bill to ex-
tend the jurisdiction of the United States over us or not, that at least one regiment
will be sent into Oregon to protect us from the Indians and to protect immigration
on their way hither. Col. Gilliam, as yon will perceive by the extra accompany-
ing this, was accideutly shot on his way from Waiilatpu to The Dalles. The Col-
onel was a brave man, and his loss is much regretted. He was appointed by your
Excellency to the office of " Agent of the post-office department.'' Nothing was
ever efTected in that department, as an advertisement was put in the paper offering
to let contracts.butas the contractor was only to get his pay out ofthe proceeds of the
office, and even that could not be guaranteed to him for four years, no one would
enter into a contract to carry the mail, consequently no mail has been started in
this Territory under the authority of the United States.

I'eeling confident that you will aid us in our present difficulties, I have placed
before you briefly our situation, merely stating in conclusion, we have told the
Indians, in order to prevent them uniting against us, that troops and vessels of
war would soon be here. I have the honor to remain, your obedient servant.
To his I'Iscellency, _ GEO. ARERNETHY,

jA.Mics K. PuivK, President of United States. Gov. of Oregon.

We will DOW turn to the events tniuspiriug in the Willamette valley,
which were of an exciting nature, but generally overlooked as the ab-
.sorbing interest centered in the Cayu.se country. The battle of Abi-
(jua fought March 8, 184S, although not a severe one, was decisive in
its effect in its st()pi)ing the Klamath Indians from entering the Wil-
lamette valley, as they had aiuuially done for years during the winter
months. The narrative of the engagement is given as related by Mr.
Johii Warnock, a resident at the time in that neighborhood and a par-
ticipant. He says :

" iMoni 1843, and how long lielbre I know not, the Klamath Indians were in
the habit of bringing into this valley ( Willamette ) a number of Indian children
as slaves or ' alytcs,' as Ihcy styled them. These they traded to the Indians ofthe
valley and the I-rench settlers for Indian horses. These Indians made it a point to
pass the winter in the valley, depredating on the whites, killing cattle, robbing
houses and intiniidating the fearful for blackmail ; and as they intermarried with
the Molallas, they chose the section of country inhabited by that tribe for their
temporary residence. This tribal relation made it very convenient and somewhat

; i

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1847

Ili'J

Hi;

plausil)le for the Molallas to lay any disaj^rceable responsibilities upon their visit-
ors, the Klamaths, who in tnrii seemed to care little for their repntation so far
from home. The Molallas, too, were notorious depredators, killin^j stock, stealing
from houses, extorting provisions and gootl dinners from women in the al)seuce of
their protectors, hut no charge of rascality could he made to stick against a Molalla,
while the Klamalhs could be made the scapegoat of such sins. The depredations
duriuj* the winter of 1847-8 had increased to an alarming extent, and there was a
gri>wing conviction among the inhabitants of the eastern portion of Marion county
that the Klamaths must return home.

To increase the general anxiety two strange Indians from the cast of the Cas-
cade mountains, Cayuse spies or emissaries, arrived at the Klamatli an<l Molalla
camp about the istof March. The whites in the vicinity of the Indian camp, be-
ing apprised of their hostile intent, and fearing a general outbreak in concert with
the Cayuses, now openly hostile, determined to forestall their designs. Accord-
ingly John Warnock, M. Whitlock, R. Miller, Wm. Langlois, Lauren Thomas,
John Stanton, M. Wilkins and several others, started to the Indian camp to obtain
positive information upon the subject in which the white families of this valley
were so vitally inti rested. When half-way to the camp, they met the Cayuses re-
turning on foot and quietly took them prisoners. To all questions as to their busi-
ness they refused to answer, and spoke very defiantly ; they also said that the Klam-
afhs would not leave, that they would take to the brush, and the whites could not
dislodge them. The prisoners were placed upon the point >f a precipice, about
forty feet high, over the Abiqua, and three men left to guard them, while the re-
mainder of the party proceeded to the camp to question Cooster, the Molalla chief.
Cooster refused to be interviewed concerning the spies, and claimed the right of
the Klamaths to stay, and that he would protect them. During the interview, guns
were heard in the direction of the spies, and soon after the guard were met outside
the camp bringing the news, that the spies had jumped off of the precipice into the
river and fled, and the guard had fired on them, but without effect.

A short time after daybreak on the 3d and 4th of March, the combined forces
of the Klamaths and Molallas, armed and equipped in war paint and Teathers, ex-
ercising their lungs with the war whoop, presented themselves at the house of John
Warnock and demanded that he should go with them as interperter to Mr. Richard
Miller's, whom they considered a hyas tyee ( great chief ) among the whites, and
of whom they demanded five horses as payment for the two Cayuses killed two
days before. The foundation of their claim, however was poor, as Mr. Warnock
had seen the spies alive and well the day before, and one of them showed him a
lock of hair which he said had been cut from his head by a bullet shot by one of
the guards. So Mr. Miller gave them a decided negative to their demands ; his
pantry suffering however. The passage of that warlike cavalcade of some seventy-
five Indians over a distance of two miles, was not unheralded, and lx:fore the sun
went down, the white inhabitants of Molalla, Howell Prairie, Waldo Hills and the
Santiam, were aroused and in motion, and before the Indians had ceas'ed threaten-
ing Mr. Miller, those settlers nearest the scene of action, seized their rifles and
began to gather around the hostile savages, who sought the fastnesses of their rock
walled and brush covered camp on the Abiqua bottom.

The next morning, the settlers had collected in considerable force. There
were Capt. Allen Davye and a company of horsemen, Capt. Ralph C. Gccr, with
his company, Capt. R. Miller and his company of neighbors — all of the companies
being depleted by the call of the Cayuse war. After a council of war. Uncle Daniel
Waldo was chosen Colonel, and the troops proceeded in two divisions, the horse-

•wFTff^

1847

PROVISIONAL GOVERNMENT.

375

men on the north or prairie side, and the footmen on the south and densely brushy
side of the Abiijua to invest the Molalla and Khimatli camp. The first notice we
on the south side had of the proximity of the enemy, was a flight of arrows,
when the firing on the ])art of the whites l)ecame general. But a short time elapsed
until the chief Kat-ka, and two other Indians were killed, when the Klamaths re-
treated. The Molallas took no part in the engagement anil were unmolested.
The white troops upon the north side were within a few rods of the affray, but
were held in reserve, or, rather, gould not render any assistance without abandon-
ing their horses, and the surveillance they were keeping over the Molallas, of whose
course in the contest, all was uncertainty. A cold dri/./.ling rain had commenced
early in the morning, and the brush was loaded and constantly dripping, so that
after a few discharges, more than threeforths of the guns were useless. Under
this state of things, the troops returned to the place of rendezvous at John Warnock's.
As nothing was known of the retreating Klamaths, and fearing that they might
start homeward, committing depredations on their route, those persons living near
the Klamath trail, returned home to care of their families. About forty remained,
and the next morning proceeded up the Abitjna to ascertain the whereabouts of the
Klamaths. A light snow having fallen during the night, their trail was soon dis-
covered antl they were tracked to a camp, surrounded by swampy ground, where
they could have defended themselves sucessfully against treble their number. A
flight of arrows as before, summoned the whites to the encounter. The action
was brief but deadly. The chief Red Blanket and several others were killed, when
the remainder betook themselves to the mountains. One of their squaws being
wounded and unable to escape, was commissioned to carry to the survivors the
assurance they could have three days in which to bury their dead and start home.
The Molallas have given the number of killed repeatedly to their friends
among the whites, and that is probably the best evidence obtainable. I give the
number at eleven upon the battle ground, and there is evidence to show that one
or more died on their return, which was made indeed mournful by the constant
chant of their death song for the unreturning braves. There were no whites killed,
and only one, Mr. James Stanley, who lived on a farm near Salem, slightly wounded
in the right breast by an arrow. There was also one squaw killed besides the one
spoken of as wounded. They fought as bravely as the men, and in the melee, not
being readilj distinguishable were shot."

About this time, the people of Benton and Polk counties were hav-
ing .some trouble with the valley Indians, and marauding parties from
Tillatnook who committed some robberies, burned a house and killed
an old man who was living alone near the line of Yamhill county. On
March 1 2th Hon. Jesse Applegate wrote a letter to Gov. Abernethy as
follows : " The people of Benton county have ugain come into collis-
ion with the Calapooia Indians. Two Indians were slaiu and ten others
taken and scourged severely, and lastly, the Killamooks from the coast
have committed some robberies in Yamhill. ' ' The Spectator of March
23d says : " We learn that in the upper portion of this valley, several
of the Calapooia Indians have been severely whipped by the whites.
It is said that the Indians commenced stealing the cattle of the whites,
and continued it, although warned to desist, until the whites rallied.

1 ,

■I

;

376

brown's poIvITicak history.

r«47

followed and overtook the Indians while driving^offa nntnher of cattle,
and severely whipped ten of their nnniher." The last mentioned
tronhle occnrred previous to the battle of Abiqua, and there is tio doubt
that if the Klaniuths had not met with such a sanguinary defeat, and
that defeat in the presence of their friends, the Molallas, there would
have been serious trouble with the valley Indians. But the result of
that battle was quickly known by them all, and they remained quiet,
believing that the whites could and would annihilate them.

Having disposed of the most material incidents of the valley, we
will now return to the army invading the Cay use country.

Waiilatpu, March ro, 1S4S.
Gov. Ahernrthv, — Sir. IJttle has transpired since my hist, cxcej)! the in-
terview the conunissioners have had with the Ne/ Perce Indians, of which they
will inform you as they leave here to-morrow for the valley. The enemy are en-
camped on a creek about twenty-five miles from this place, and it is supposed tliey
are fortifyinjf. I am informed by the friendly Indians that they are upwards of 400
in number. I shall however leave here tomorrow with about 250 men, which are
all that can be spared from this place. It is absolutely necessary that mure men
should be sent on immediately, to enable me to keep the field. The number of
men who have Ijcen left at The Dalles and will be left at this place, reduces tlie
force too much to carry on operations as effectually as I wish. Every e-xcrtion
should be made to forward men. If men can be obtained for three months, send
them on. Some of the men's terms will expire shortly and every one almost will
wish to go home. Reef in abundance can be obtained of the best quality for a large
number of men, and by having a large force, the Indians will soon be compelled
to submit, and thus bring the war to a close much sooner.

Yours respectfully, C. GIIJJAM,

Col. /si Reg. O. R.

When the peace commissioners met at The Dalles, they wrote a
letter to the Yakima chiefs, and sent them a present of tobacco, a flag,
and other articles to propitiate them. This letter was taken to Bishop
Blanchet, who read and had it interpreted. The following re[)ly was
sent by the Bishop to the commander of the army :

[Translated.] Camp ok Ciaihs, Feb. 16, ]8|S.

M. CoMMANDKk. The Yakima chief Ciaies and vSklo have just presented me
a letter signed by Messrs. Joel I'almer, Robert Newell and II. A. G. Lee, which I
have read, and a young Indian, son of one of the chiefs translated it to them in the
Yakitna language. The chiefs above mentioned, charged me to saytoyiui in their
name, in those of Carnaiareun aiul of Chananaie, that they accept with acknowl-
cdgcniont the tobacco and the l)anner which you sent them. They have resolved
to follow your counsel and not unite themselves with the Cayuse, but to remain at
rest on their lands. On my arrival at the campjof Ciaies, that chief assured mc that
he would not join the Cayuses. I could but see with the greatest of pleasure, lis-

r^l

I.S47

:r of cattle,
mentioned
s no doubt
lefeat, and
lere would
le result of
ined quiet,

valley, we

I ro, 1S4S.
xcei)t the in-
which they
leiny are eii-
ippoHcd they
awards ef4cK>
11, whirh are
at mure men
le number of
, reduces the
;ery exertion
nonths, send
li almost will
ty for a large
je compelled

JAM,

ey wrote a
.ceo, a 11 ag,
1 to Bishop
re[)ly was

X 16, i8t8.
iresented me
IvCe, which I
> them in the
) you in their
ith acknowl-
lavc resolved
to remain at
suredmcthat
jleasure, lis-

1847

I'KOVISIONAL GOVICKNMKNT.

377

ixjsitions whicli will prevent the spilling of blood, and which will facilitate the
means of instructin>.i those Indians. Vour humble servant.

'aj^^SL

^//U^^^^mjU c/*;// yajLp^nt**^*

Mr. Peter vSkeeii Os^deii wrote the following incjuiry and advisory

letter which also evinces some nervousne.ss on the Indian question.

We give the letter as it is ;

Vancouver, March 21, 1S48.
Mt . George Ahcrnelhy,

Mv Dear Sir. I duly received your note with the letter enclosed, which has
been duly forwarded to the States, and trust it will reach its destination in safety.
Our express, three boats, thirty men, three gentlemen and our Bishop, all well
armed, left yesterday afternoon, and the precaution has been taken to have thirty
horses in ca.se they cinu'.i proceed with the boats, as the express must go on to its
destination. Pray, what is the object of Woodwortli's visit? For volunteers in
numbers, it cannot be ! His ship being too small, nor can the country afford in its
present unsettled state of affairs in the interior ; and I fear, likely to be in the upper
part of the Willamette, if reports are to be relied upon, spare any. I fear it will
recpiire all to protect our adopted country. Appearances have a gloomy aspect,
may we hope it will soon ptss away, and that brighter days are in store for us. I
have written to my friends on the east side and forwarded those you sent. On the
arrival of our boats at Walla Walla, a party will return to this place and if Newell
does not arrive from the interior, we shall then have no news from the army. Mr.
.McHean has a good opinion of the commissioners, and writes me they acted with
judgment, but fears the General will connnit some rash act. What does Camp-
boll' report in regard to the intentions of the American government in regard to
Oregon ? Do they intend to let it stand over until the Mexican affairs are finally
settle<l. r hops not, it is now more than full time decisive measures should be
adopted for the safety of one and all. You have certainly done your part well, and
iftlie Government would but liberally supply the sinews of war — money, the country
can well be defended with her own resources. You ought to have forwarded a du-
plicate of all your dispatches by our express in July,- and they would be in Wash-
ington, if ;\Ieek doe^ escape, they will not be there long before that.

Yours truly, PKTKR SKIvEN OG •' N.

The peace commi.ssioners returjted to Oregon City on March 23,
1S48. On their way down, they held a conference with the Des Chutes
Indians, and they promised to remain friendly with the whites and give
no assistance to the Cayuses. This in conjunction with the neutrality
of the Nez Pcrces, Walla Wallas, Yakimas, and a portion of the Cay-
use Indians, lelt the hostile portion of that tribe ostracised and more

I John O. Ciimphell had K'""-' to Uie St.ites in 1^.(6-7, and relurned via Sandwich Islands on tlie
Ilritish harcine 7(1 ;/<•/.

2'rhi8 was the annual II. B. C. express up the Culuiubia and acros.s the continent to Montreal.

i ■ II

378

brown's political history.

1847

easily haiullcd. This news caused general rejoicitij,'^ throuj^hout the
valley, and while the people were exchaii>;iiiK eoiiiL^'ratulatious, tlii'
news came that Col. Oilliani had lost his life by accitlent as he was re-
turning; from Iu)rt Waters to I'ort Waseopam lor provisions; thus un-
timely was cut Nhort the lile of Cornelius (iilliam, a man well worthy
ol the position assij^ned to him.

The following letter written by Capt. H. J. G. Maxon, will well
repay perusal, as it gives a!i account of the battle on thcTucanon. I
follow the si)elling as used at that time :

l-'oRT Wascoi'am, March 2.S, 1H4H.

Anj. CrKN'r,. I.ovKJOV. It hrcotiips my painful duty to loiniuuuirato to you
the sudden and unexpected de.ith of Col. Corjiclius ('.illi;iin, who was st hy ac-
cident on the 24th inst., whilst on liis way tt) this place. I was at soni listance
from the wa>,'on where the accident occurred, and therefore refer you to .ic notes
of his hruthcr-in-law and son-in-law for i)articulars. The notes arc herewith trans-
mitted.

The remoteness of superior officers, the seniority of my conniiission in thi.s di-
vision of the service, toxelher with our present report to \ ou of the recent proceed-
ings and present condition of the army. Vou are douhlless advised of ouri)rocecdings
up to the loth inst., at which time we left Fort Waters with about 200 men, and
proceeded in search of the enemy as far north as the Touchet river ; at which place
we met vSticcas with a portion of Dr. Whitman's property that he had induced the
murderers to give up. Some fifty head of cattle, half that number of sheep, a dozen
horses, $20(i worth of clothing, and #56 in cash, was all he could oDtain. On the
morning of the i8th, Capt. English with a number of others, whose horses were
too much reduced to contitme the pursuit, were orde. ^d back to the fort witli the
property — and the remainder, 158 men, continued the pursuit until 2 P. M., when we
encamp'. d at a spring in he vicinity of the river Tucannon. There, Johnson, We-
teploleski's son, came t< us with assurance of friendship from the Vonug Chief,
and solemn declaration . hat he would have nothing to do in the matter. Johnson

g Chief was encamped on the river a short distance above
;id dispersed — Tamsuky had gone to the land of the Red
.-emainder of the murderers had gone the preceding day
river Tucanon, to cross Snake river into the land of the
Palouses. At dark, we iiounted and proceeded to the mouth of the Tucanon in
the vicinity of which we arrived about two hours before day, when we discovered
we were amongst their stock. We rested until daybreak, when we moved down
upon them wholly unperceived, until within half a mile of their camp. Though
their surprise, dismay and consternation, were indescribable, it nevertheless failed to
deprive them of their long sighted policy of cunning and deception, by which they
have so often escaped our vigilance, and upon which without a hundred advant-
ages, they had always rather depend than the force of their arms.

When within 400 yards of their camp, we were met by an old man unarmed
with one hand on his head, the other on his heart — assuring us they were friends,
the people of the Yellow vSerpent, and would not fight us. That the murderers
were gone, and our only resource would be to take their stock, with which the
hills around were covered. We went to their camp — found all the men painted
and armed, but from their repeated assurance of friendship were ordered not to

informed us that the Yc
us. The enemy divided
Wolf. Tiloquoit, and tt
down to the mouth of tl;

"Tf

1847

ii^hout the
itit)iis, tliL'
Ik- was rc-
s; thus tiii-
/cll worths

1, will well
ucaiioii. I

1 2S, i«48.
iiicato to you
is si by ac-
otii listancf
I to ..ic notes
rcwith traiis-

ou in this di-
ceiit proceed
rj)rocec(hngs
•00 men, atxl
which place
I ituluced the
heep, a dozen
ain. On the
e horses were
fort with the
M. , when we
ohnson, Wc-
Voiiug Chief,
er. Johnson
istance abovfj
id of the R'jd
•receding day
e land of the
; Tucanou in
vc discovered
moved down
np. Though
eless failed to
y which they
idrcd advant-

lan unarmed
were friends,
he murderers
th which the
men painted
irdered not to

1847

PROVISIONAL GOVERNMENT.

37Q

fire, hut to proceed to the hills and r<»llpcl thrlr slock. When we reached the high-
lands, we saw Suake river just helow, full of stock, switnniing over and thousands
ascending the opposite hank. Wo succoe ' d however i:i securing ahout 500 hearl
(if horses and cattle, and proceeded ahoul one mile on our route to the fort, when
we were attacked in the rearliy a large party of Indians; those we had just spareil and
I'alouses to the numhei o( ahoul 400. We contiuued a very warm marching fight
until about dark, when we encamped on a small stream without footl or fire, They
were shooting in our camp all iiiglit and annoyed our guard so much, that we
uirned out the stock. At daylight we renewed j)ur inanh and with it the light, as vig-
orously as on thedav jireceding until within two milesoffouchet crossing, when the
enemy chargetl at full speed to the river to get possessiim of the brush at the ford,
ill which, owing to the swiftness of their horses they paslially succeeded. The
history of savage warfare contaiiis few instances of greater Indian piowessand dar-
ing, than the scene whiclj followed. The struggle for the ford was obstinate for some
lime, the fire of the coir './ataiits mingled together, evinced the obstinancy of the
combat. And here I must say had it not been for the bold ami decided stand of a
few young men at the most vulnerat)lei)<)int, the army must have sustained a heavy
loss in cros^'Mg the stream, perhaps have been thrown into confusion and cut to
jiieces, In in liour, the sound of our rifles had hushed. We were all over the river
alive, and but nine or ten wounded, none mortally. It was not so with our enemy.
The deafening roar of their musketry which had been .sounding in our cars for
thirty hours had died away. Their shrill war whoop was changed to the melan-
choly death song ; while a number of their lifeless brothers who lay on the field,
hcan' not their mournful elegy. They called off their warriors, more anxious to
leave be ford of the Touchet than they had been to gain it.

We moved on to the fort, at which place we arrived on the evening of the i6th,
worn down with fatigue and hunger, having eaten nothing but a small colt for
three days. Two days after, a council of ofTicers was convened, in which it was
resolved that we had accomplished all we could without more men and aninmui-
lion, and that it was best for 150 of us to proceed forthwith to this place, and re-
move a sufficiency of ammunition, and confer with you on the further movemetits
of the army. Col. Gilliam was accompanying us in pursuance of this resolu
lion when the fatal accident of his death occurred, at the springs thi> side of Uma-
tilla river. We brought with us all the wagons but two, and find here about fifty
tncn, no ammunition, and little provisions.

Something must be done, and done at once, or we must abandon the war and
have the Indians in the valley in a mouth, stealing our property and murdering
the frontier families. Wc want, and want very much, a good commander. Col.
Waters will not accept the chief conimand. We must have a cjmmander of pru-
dence, wi.sdom and perseverance, and above all, he must possess the entire confi"
dence of the regiment. You have three there, either of which has the confidence of
Ihe regiment. Maj. Lee as fully as any other man. A force of less than 600 men cannot
successfully carry on operations, as the enemy have that force or more in fifty
miles of Fort Waters. What men we have are in a destitute situation. Some al-
most without clothing, many without horses, as the principal portion of the horses
we have taken, have been claimed by friendly Indians and given up to them.
What few remain not worn out, are in the haiuls of a few and catmot be used.
The army threatens soon to be disbanded on account of the expiration of the time
of many who have made short enlistments. Captains McKay's and English's com-
panies claimed to have enlisted for three months. Captain Thomp,-,«;i but four
months ; this should be investigated. There are 150 of our boys in the very heart

380

brown's political history.

1847

Ki.

of the enemy's country, almost without ammunition — wholly without bread. I
shall be constrained to remain here until I receive orders from you, for which I
shall look with all possible speed. Their situation is truly a critical one, andtluTc
is no ammunition here to take to them. If there is a continuatio. -^f operations,
I hope there will be more patriotism shown in the Willamette valley. Indeed tlicre
nmst be or we are lost, h'athers ! Please evince your patriotism by sendinj^ a liltlr
bread to him who is fighting through cold and hunger to protect your warm and
comfortable hearths. Mothers, evince that pure and noble patriotism character-
istic of your sex, by sending up a few warm garments — and daughters, evince your
angelic influence for your country's good, by withholding your fair hand, and fairer
smiles from 'iiy young man who refuses to turn out to defend your honor and
jour country's rights. Were this universally adojjted in the valley, there would 1>l-
old batchelors enough to close this matter at once.

Mr. Magonc was elected Major to fill the place of Major Lee, if he does not
return. Major Magone will probably need a commission, as we have suiTercd
much for want of ours. The Spokanes and Pondcias Have sent us word they would
join us. The Colonel wrote to them if they would deliver him up the murderers, he
would give them the property. The Des Chutes and Walla Wallas both would licl])
us if necessary, were the proper course taken with them. Several of the boys arc
quite anxious to return home to save their farms, learning that some men who
have staid at home, have bi'cn so unmanly as to occupy tliem in tl'.eir ahsciuc.
A decided stand of the citizens, as well as an assurance from you, that their riglil:^
will be protected, would be productive of beneficial results. Yours,

II. J. G. MAXON,
Capi. ;ih Co., O. A'.

Statements referred to in Captain Maxon's letter :

Fort Wascopam, March 2.S, 1.S4S.
We were within fift\' jards of the deceased Colonel when he was shot. We
heard the discharge of a gun, and some one said, " there is a man shot." We
went on and were told that it was Col. (lilliam. When we arrived at the spot, we
iucjuired how it hapjiened, and were informed that the Colonel went to the hind
part of the wagou to get a rope, to stake out his horse with ; that California' re
marked that he would get it for him, and went to the fore ])art of the wagon for
that j)urpose, and cau,i.;lit hold of a mat and i>ulled it, when a gun in the wagon
discharged ; ami it was supposed tnat the cock of the gun caught in the mat, which
was the cause of the discharge. A. GAC^.E,

WM. vSIIAW.

A.s mentioned in Capt. Maxon'.s report, the connoil tliat had l>een
held t(» consider the situation was not a hartnoiuons discnssion. Col,
Gilliam was in I'avor ot calling otit all the men possible ami giving the
Indians a thorough thrashing, thus forcing a lasting peace. It is also
evident that li'j entertained a ver\- poor opinion of the friendship of the
surrounding Indian tribes, and especially of the Cayuses that were not
directly imjjlicated i!i the mas.sacre, and were evidently taking care ol

iCalifuniia was the iiaine tliiit a Mexlean went t>y :iii(l I have l>eeii uiiahU' Id ascerlaiii hi-
tniciiatne. Tliere was an idea enterlaimd liy some Ui.it the Mcxiean shi)l (lie CoIoirI iduposcly
I have been told th.al a hiekoiy ram ur wipinjf rod was in the Kmi and tliat it penetrated tliu C"!
ouels head, causing iustaut deatli.

i847

T without bread. I
111 you, for which I
itical one, and there
atio. ""f operations,
illey. Iiidecil tlicix-
u by sending a litllu
;ect your warm and
)atriotisui charactcr-
ughters, evince yonr
fair hand, and fairer
end your honor and
lUey, there would be

Lee, if he does not
IS we have sulTered
t us word they would
up the murderers, he
dlas both would hcl])
,'eral of the boys arc
that some men who
:ni in tb.eir absence
^ou, that their rights
Yours,

G. MAXON,
pt. fth Co., O. A'.

I, IMarch 2.S, iiS4,S.
en he was shot. \Vc
i a man shot." \Vc
rived at the spot, wc
uel went to the hind
; that California' re-
art of the wagon for
a gun in the wagon
ght in the mat, which
A. GAOE,
WM. SHAW.

loil that had litcii
discussion. Col.

)k' and giving the

peace. It is also

tViendshi[) of the

uses that were nol

Illy taking care ol

II iiiKitilc I" ;iscfil;iiii lii~

III the CuIdihI pmposciv
thai it iJLiifttateil tlic C"l

I.S47

I'ROVI.SIONAL GOVKKNM I':NT,

3S1

the stock of the hostile portion of the tribe. As an index to some of
the oificer's opinions the following letter from Capt. Leven N. English
is presented :

Wascopam, March 2S, 18.48.
Goz: Aberuetliy:

vSiR. There was a council of war held by the otTicers, and some difiercnce of
opinion c\i)ressed in rcg.ird to conducting the war. I do not think it necessary to
raise ^kk) men to be sent to this i):irt of the country, as the Indians are scattered,
and all that is necessary is to hold the two forts until relieved by the United States
ni.vernnuut. I do not think it necessary for me to remain with my company any
b.nger and create a larger debt for the Government. Capl. Maxon will leave The
Dalles with ammunition for b'ort Walla Walla. Yours with respect.

The peace commissioners returned to Oregon City from their mis-
sion and submitted tlieir report to the Governor (in.serted after the fol-
lowing letters) and evidently considered the war about closed. At the
time they started to rettirn, Col. Gilliam with his command marched
for Snake river and foitght the liattle of Tucanon, but came very near
near being defeated. On the rettirn to Fort Waters and the cotincil of
war, Col. Giliiam started to Fort Wascopam for ammunition and pro-
vision, 1)Ut unfortunately met with an untimely accidental death. Be-
fore the news of the bactle of Tucanon and his death had reached Ore-
gon Ci^y, Governor Abernethy had appointed Maj. L,ee, Stiperintendent
of Indian Affairs tipjii the resignation of Gen. Palmer, and ordered him
to proceed to the Cayuse country to assume charge of his office. The
policy of the war so changed, that it was determined to merely hold
Forts Wascopam and Waters. To do this, three companies were to be
organized. Two to hold Fort Waters, and the other Fort Wascopam,
and the whole to be under the command of Lt. Col. Waters. Peremptory
orders were sent to Col. Gilliam to report withotit delay at Oregon .City,
with the remainder of the army. The cause of the latter order was
the alarming state of affairs in the Willamette valley. The battle of
Abiqua had been fought, a collision had occurred in Benton county
between the whites and Indians, in which two of the latter had been
killed and ten more severely whipped, while the Tillamook Indians
had raided the valley in Yamhill cotinty — killing stock, burning a
house and killing an old man who occupied it. All this coming in to

I *

382

brown's political, history.

184/

•■J i

the Governor within a few days; undoubtedly decided him to send for
Col. Gilliam to come down and take charge of this new field of opera-
tions. But death intervened, changing the programme, and the orders
though written were never delivered. The following will substantiate
my statements ;

Oregon City, March 31, 184.S,
Sir. I place in your hands two letters for Col. Gilliam, the one endorsed on
the back, favor of H. A. G. Lee, and sealed, you will hand to him on your arrival
at The Dalles, for organizing three companies, and require him to return to tliis
valley with the remainder. Should he not attend to this, or show no disposition
to do so in two or three days after the first, hand him the other which I leave open
that you may know one from the other. Put a wafer on it before handing it to
him. Please hand Col. Waters his letter. If there is a prospect of an engagement
with the Indians that must take place, retain them all until the danger is over, un-
less you can see good cause for handing him the one to report to me at once. If
you do, send me the reasons. I leave this discretionary with you, believing you
will do what you think is best for the country. I remain yours,

GEORGE ABERNETHY,
H. A. G. Lek, Sup't. of Indian Affairs.

[Favor of H. A. G, Lee.] Oregon City, March 31, 1848.

Sir. Since receiving your letter requesting a large number of men to be sent
up to your aid, I have received the report of the commissioners appointed to tr^at
with the Indians atx)ve ; and learn from that report, that they have succeeded in
detaching the neighboring tribes, and part of the Cayuse tribe implicated in the
nmrder of Dr. Whitman and others. This together with the difficulties attending
the raising of men without means, and the present threatening aspect of affairs in
the Willamette valley induces me to order as follows : Organize three companies
to consist of not less than fifty men, nor more than sixty men, rank and file. If
one or two, or the three companies can be enlisted to serve for six months, or until
the troops of the United States reaches this country and relieve them, it of course will
be performed; if not, take such men as have enlisted for the longest term. Two of
these companies will be stationed at Waiilatpn, the third at The Dalles. You will
take conmiand of the remaining companies and return vvitl: them lo the Willam-
ette valley as soon after the receipt of this as possible. I am not certain but that
some fighting will have to be done in the Willamette valley. I<t. Col. Waters will
take command of the three companies left in the upper country. Reports say thai
seven Klamath Indians were killed this week in the neighborhood of I). Waldo's.
COL. C. Gll.Li.xM, G)<;o. AHERNETHY,

Col. ist. Reg. O. R. Gov. and Commandcr-iu-Chief.

[Unsealed order.] Oregon City, March 31, 184S.

Sir. On receii)t of this, you will leave the conmiand of the troops above
with Lt. Col. Waters, and report to me at Oregon City with all possiI)le dispatch.
Col. C. GilU-vm. (iEO. AHERNETHY,

Gov. and Cominander in-Chief.

Oregon City; March 31, 1.S48.
Sir. I have ordered that three companies be formed from the companies in
the field, and when organized, that tliey be placed under your command. Two
of them you will station at Waiilatpn, which you will make your headquarters

1847

11 to send for
eld of opera-
id the orders
. substantiate

rch 31, 184S,
tie endorsed on
on your arrival
o return to this
V no disposition
ch I leave open
e handinjf it to
an engagement
iger is over, un-
aie at once. If
I, believing you

lERNETHY,

irch 31, 1848.
' men to be sent
pointed to trpat
ve succeeded in
nplicated in tlic
ilties attending;
cct of affairs in
liree companies
ik and file. If
nonths, or until
it of course will
t term. Two of
ilics. Vou will

to the Willain-
t-ertain but that

'ol. Waters will
(eports say that

of I). Waldo's.
NKTIIY,
idcr-iu-Chief.

irch 31, 184S.
ic troops above
issil)!e dispatch.
NHTIIY,
idet in-Chief.

irch 31, 184H.
It' companies in
ommand. Two
r headquarters

-TTWR. -I

1847

PROVISrONAI. GOVERNMENT.

383

The other company you will station at The Dalles. You will see that the property
of the friendly Indians is protected, and use every effort to promote good feeling
between them and the whites. It is highly necessary that a force sufficient to gar-
rison Waiilatpu and Wascopam be retained in the field. To keep the Indians in
arms [away], and to protect those disposed to be friendly from the attacks of the
Cayuses. H. A. G. I^ec, late Major of your regiment has been appointed Superin-
dent of Indian Affairs. There should be a unity of feeling between the vSuperin-
tendent and the commanding officer. You will therefore consult together, and
when any particular plan is agreed upon between you, use every effort to carry it
out. I feel satisfied that we have not the power to carry on a war with the power-
ful tribes of the interior, and feeling certain that the troops of the United States
will be here this coming fall, I think it best to defer any active operations until
they arrive. Of coarse no peace will be made with the murderers, and every ef-
fort will be made on your part to obtain and punish them. Flour, etc., will be
forwarded to The Dalles. You will send a party dovn there when you want flour,
of suificient force to protect the provisions. Pack horses I should recommend as
the most expeditious method of getting your supplies. Protect the crops in the
ground at Waiilatpu. Mount the large gun and a small force will be sufficient to
protect it. Indians should not be permitted to rendezvous in or near the fort.

Yours truly, > GEO. ABERNETHY,

Lt. Cor,. Waters. Gov. and Cotumander-in-Chief.

Oregon City, March 31, 1848.
Sir. I have instructed Col. Waters who will be left in command of the troops
at Waiilatpu to consult with you, that there may be unity of feeling between you,
and that the plans adopted by you in counsel be carried out. I need not give you
any particular instructions in regard to the Indians, further than that contained in
my letter to the Superintendent and commissioners under date of Feb. 3d last. I
feel satisfied that every exertion will be made on your part to allay excitement and
if possible to get possession of the murderers. Yours truly.

GEO. ABERNETHY.
To II. A. G. lyEE. Governor of Otegon.

Upon the receipt of the news of the battle of Tncanon and the death
of Col. Gilliam, it seems that it was determined to send more men and
retain in the field as large a force as possible for the time being. Maj.
I^ee was appointed Colonel over Lt. Col. Waters, as well as holding the
office of vSuperintendcnt of Indian Affairs, and ordered to take with
him the three new companies jii.st organized. This appointment un-
doubtedly was caused by the letter of Captain Maxon, who .stated that
Waters would not take the command. Besides Gov. Abernethy had
more confidence in Lee's al)ility than any other man in the Territory.

On March 28, 1848, Gen. Palmer resigned the office of Supt. of In-
dian Affiiirs, as he could not attend to the duties, and fill the offices of
Quartermaster and Commissary Generals.

Mr. Ogden wrote the following letter and enclosed a well written
eulogy on Col. Gilliam that was published in the Spcctnter.

384

BROWN'vS POUTICAL HIvSTORY.

1847

Vancouvkr, April i, 1S4S.
Mr. Ceo. Ahem c thy :

Dkar vSir. If after perusal, you dccin the euclosed worths of iiiscrtiou iu tlic
Oregon Spectator, it is at your service ; if not, send it bark. I am not aware of the
feelings of the good ])coi)le of Oregon in regard to the hite Col. (iilliatn. He was
a stranger tome, and the outline of his character which I h!ivcf)l)laiiicd from others,
may pcrhai)s tend to have a good effect.

I iluly received your last favor and thank \ou for yout news, l)ut on some
tidings I leave ytm to form your own opinion, as to their being good or bad. Many
circumstances, and jirndcnt ones, obliged the army to relreal, thus stop the war.
Hut few in our estimation bearing the cares, this cannot be called a retreat or even
a defeat. But unfi>rtunatcly the Indians will take a very different view of it ami
give it a different construction from weakness of the army during the absence of
so many men to The Dalles. Should an attack be made on the army, I dread the
result, but not, if the officers and men, were united, they would then make a for-
midable resistance.

Capt. McKay will give you every particular. Ilis stay here was too short to
obtain correct iuforuiation, and full allowance must be made for his news, but you
know him well. lie speaks in high terms of the bravery of the volunteers in action;
but not so much so in rej^ard to their discipline. I was glad to hear that he intends
to return, and the sooner the better. In case he should change his mind, knowing
his character so well, it would not at all surprise me. This day we have a report
here in circulation (jf a war nearer our firesides. Surely one is more than sufficienl
iu the present defenseless slate of the country, and more than sufficient for the re-
sources of the unfortunate and neglected country. In making these remarks, 1
consider myself perfectly justified, for it appears tome, and must also to many
others, that the United States Government has been more remiss in not sending, if
not forces, the means of defending it — money. They may have cause to regret it
when too late, for I fear blood will be made to flow freely, ami ere I leave thissul)-
ject, let me add that present appearances, have a gloomy aspect, and may brighter
days now shine on us, is my fervent prayer.

Major Hardie has not yet honored u& with a visit. I should regret not seeing
him, as from my long experience in this country, [ might be able to impress on
his mind the absolute necessity of rendering us speedy assistance. Palmer's res-
ignation did not surprise me. Yours truly,

PETER SKEEN OGDEN.

liM

To the above, Gov. Abernethy sent the following reply which also
explains more fully the reason for promoting Maj. lyee over Lieut. Col.
Waters on the death of Col. Gilliam. It is evident that there had been
some differences of opinion among the the officers, also jjctween Col.
Gilliam and the peace commi.ssioners, when, considering the weakness
of the invading army and the surrounding circtinistances, there should
have been perfect harmony. Then the failure of Col. Gilliam to attack
the Indian camp on Snake river near the mouth of the Tucanon was an
admitted blunder. While many did not consider that the Colonel had
V'een otitwitted by the wily Indians, others held a different opinion,
and that caused some ill feeling, which most probably would have been

r ^t i

1847
il I, 1S4S.

.'ilioii in llif
aware of the
in. He was
rnnii others,

l)iit on some
hail. Many
top the war.
:treat oreveti
cw of it ami
e absence of
, I dread the
1 make a for-

> too short to
lews, Imt yon
ers in action;
lathe intends
ind, knowing
have a report
han snfiicieiit
Mit for the rc-
se remarks, 1
also to many
ot sending, if
!e to regret it
cave thissnl)-
may brighter

et not seeing
to impress on
Palmer's res-

vl OGDEN.

which also

Lieut. Col.
re had been
.'tween Col.
le weakness

lere should
m to attack
uioii was an

olonel had
nt opinion,
d have been

1847

PROVISIONAL GOVERNMENT.

385

brought prominently before the public if Gilliam had not met an un-
timel}^ death. That Col. Gilliam was a brave officer there was no doubt.
He also stood well in the estimation of all his acquaintances both in the
States where he formally resided, and in his new home in Oregon.
That was the reason of his appointment as Colotiel of the Oregon army ;
but whether he posses,sed as high a degree of military talent, or as keen
an understanding of the Indian character as Major Lee, is a question
difficult of settlement at the present day.

Oregon' City, April 4, 1848.
DRAr Sir. I received your favor of ist inst. I handed the obituary notice
to the editor, and feel very much obliged to you for it, and hope you will occasion-
ally favor us with your pen. I regret very much the circumstances that caused
the retreat of the army to Waiilatpu, and was bringing Col. Gilliam to this place.
I have heard for sometime that there was a want of unison in the army, and really
hope that hereafter this feeling will be done away with. I have appointed II. A.
G. Lee, Colonel in place of Col. Gilliam deceased. I had appointed him Superin-
tendent of Indian Affairs, before I heard of Gilliam's death. I am in hopes he will
succeed in establishing peace and obtaining the murderers. It is uncertain about
McKay's returning, he says he has no wheat in the ground. I have heard a good
deal about the Klamaths, but nothing official. All reports I receive are letters
from one of the volunteer Captains that incline me to think the reports arc much
exaggerated. I hope they are for the credit of the settlers ; as you say, " one war is
enough." I hope Maj. Hardie will visit you before he returns. You will see by
the proclamation what my feelings are on the war question. We are into it and
must keep up a good front if possible. I think we will at least, be favored by a
vis't from an American sloop-of-war ; if we are not, I think our Government is de-
termined to do nothing for us. Wonder what they would do if we should apply
to Great Britain for a loan of ^100,000 to carry on our operations? I presume we
would have a government formed in double quick time. Report says more vessels
are on their way. I have had applications as follows : To go to Washington ; to
Gov. Mason ; and to Salt Lake for assistance. I am afraid the Mormons might be
as bad as the Indians — and have refused all. Yours respectfully.
To Peter Skren Ogdkn. GEO. ABERNETHY.

Mr. F. W. Pettygrove wrote to Gov. Abernethy for a Mr. Hastings,
who offered to go to Salt Lake and implore the aid of the Mormons in
suppressing the hostile Indians. It is not probable that Oregon would
have received any aid from those dwellers of the desert. I have been
told by one or two of the men who fought in the Cayusewar, that some
of the guns captured, had the Mormon brand on them, and that the
powder used was better than the Hudson's Bay " Indian powder." It
is probable that this statement is more of a surmise than a historical
fact. The following is Governor Aberneth3''s reply

Oregon City, April 5, 1848.
Dear Sir. I received yours of yesterday. I do not think we will need the
help of the Mormons. I am in hopes the Indians will deliver up the murderers

386

brown's political history.

1847

for their property. Col. Lee will have this in view when he goes up. I have
armed him with double powers. There can be no difference between the Superin-
tendent of Indian Affairs and the commander of the army as to the policy to be
pursued. I think Col. Lee will accomplish the object we have in view. I am
much obliged to Mr. Hastings for his offer. If things take a turn a jd look unfav-
able, I shall be happy to avail myself of his services. Yours truly.

F. W. PUTTYGROVE. GEO. ABERNETIIY.

We will now turn to the report of the Peace Commissioners, corres-
pondence, etc. It is quite long, but as it necessarily occupies an im-
portant place in history, it is inserted :

Oregon City, Veh. 3, 1848.
Sir. I have appointed Major Lee and Robert Newell, Commissioners, to act
with Gen. P Imer, Superintendent of Indian Affairs, for the purpose of settling
the present difficulty with the Indians in the upper country. I have ordered them
to hold a council with the field officers of the army, to decide on the steps necessary
to be taken, as there should be entire unity between the officers and commis-
sioners. If you think it best to proceed at once, with the main body of the army
to Waiilatpu, do so ; selecting immediately on your arrival, the best point in your
judgment, for erecting a fort. Grass, water and wood, will be the principal objects.
The Indians have no cannon and could not annoy a fort fr m a distance. Should
the tribes combine together, and refuse to comply with the requisitions of the
Commissioners, I leave the field in your hands ; respecting, however, the lives and
property of all friendly Indians. I shall wait with much anxiety to hear from you,
until then I remain your obedient servant.
Coi.. C. G1U.IAM, GEO. ABERNETHY,

/si Reg. O. R. "^ Gov. of Ogn. Ter'y.

Oregon City, Feb. 3, 1S4S.

Gentlemen. The object of appointing you as commissioners, to treat with
the Nez Perccs and other tribes, is to avert a general war with the Indians of the
upper country, and to prevent a union among the tribes as far as possible. To ef-
fect this, every effort shouUi be made on your part as far as is consistent with the
honor of American citizens. There are some requisitions that must be complied
with on the part of the Indians, and must be insisted on by you, viz.: All the
murderers and those that forced the young women, must be delivered up for pun-
ishment ; the property taken delivered up, or an equivalent given, and restitution
made of the property stolen from the immigrants last year; this you cannot ascer-
tain, but it can V)e so arranged, that persons who had property stolen from them
can get it hereafter, or an equivalent. I am aware the greatest difficulty will be in
obtaining the persons of the murderers, but the Indians must be given to understand
in the commencement of negotiations, that this must be done ; that no compromise
can be made. There may be some among those who are implicated in this affair,
around whom some paliating circumstances may be thrown, these you will take
into consideration, but the principal actors should be executed in the presence of
all the tribes.

You will hold a council with the field officers of the army, and decide in coun-
cil, what steps shall be taker to accomplish the much desired object, restoration of
peace. You will use every exertion to have the property and lives of our fellow-

i847

1847

PROVISIONAI, GOVERNMENT.

387

le goes up. I bave
etwecn the Superiu-
s to the policy to be
lave in view. I am
urn aad look unfav-
truly.
ABERNETIIY.

nissioners, corres-
Y occupies an im-

ilTY, I'^eb. 3, 1848.
:otnmissioners, to act
e purpose of settling
I have ordered them
on the steps necessary
Dfficers and commis-
ain body of the army
the best point in your
i the principal objects,
n a distance. Should
10 reciuisitions of the
however, the lives and
:iety to hear from you,

ABERNETHY,
•ov. of Ogn. Ter'y.

City, Eeb. 3, 1848.
ssioners, to treat with
th the Indians of the
"ar as possible. To ef-
; is consistent with the
that must be complied
by you, viz.: All the
; delivered up for pun-
given, and restitution
this you cannot ascer-
erty stolen from them
est difficulty will be in
be given to understand
e ; that no compromise
iiplicated in this affair,
vn, these you will take
utcd in the presence of

ny, and decide in conn-
ed object, restoration of
md lives of our fellow-

citizens, that may be hereafler traveling through the Indian country, preserved ; the
chiefs are able to govern their own people. Make as advantageous a treaty with
them as you can, binding them to use their influence to protect American citizens.
On your arrival at The Dalles, you must lie guided by circumstances, as to the time
and place of meeting the chiefs; but let runners be sent among them informing them
of your intentions and object. GEO. ABERNETHY,

Gov. of Oregon Ter'y.
To the honorable commissioners appointed to treat with the Nez Perces, and other

tribes.

Oregon City, IVIarch 6, 1848.

Sir. The undersigned, Superintendent of Indian Affairs and Commissioners
appointed to visit and treat with the various Indian tribes east of the Cascade
mountains, beg leave to submit the following joint report of their proceedings.

On the receipt of our commissions and instructions, we proceeded immediatelv
to Wascopam, where according to our instructions, we held a council with the field
officers of the army, and it was agreed in counsel that we should go in advance
of the army, taking with us Capt. McKay and his company, so soon as he
should arrive at that place, with as many others as might be deemed necessary for
a safe escort, including Mr. Meek and his party, first to Fort Walla Walla, and
theu if necessary, to the Nez I'erces country, in order to prevent an alliance of
those tribes with the Cayuses, iu the war against the .\mericans. Capt. McKay
did not arrive till the evening of Feb. 13th. In the meantime we'saw and convers-
ed with many of the Indians about that place. They were evidently alarmed at
seeing so many armed men in their midst, and feeling guilty, perhaps, of having
mistreated the emigrants. We made them acquainted with our business, as Com-
missioners, and Gen. Palmer was pointed out to them as vSupeiinteiident of Indian
Affairs. On the 14th, two Yakinias came to the fort, saying they were sent by their
chiefs to learn the truth as to the intentions of the whites — that the Cayuses have
been several times to see them since the massacre, and had offered them horses and
cattle, if they would join them, telling them the whites were coming to kill them
all. They had not joined the Cayuses, but wished to know the true intentions of
the whites. They said, they had never troubled the whites — that the whites did not
pass through their country, because it was not on the road traveled by the emi-
grants — and finally, they thought the Cayuses had done very badly in killing Dr.
Whitman. We gladly embraced this opportunity to form an acquaintance with
these people, and to give them correct information as to the object of the present
camjiaigu ; and hearing they had a priest with them, we wrote to the chiefs — sent
them a flag and some tobacco as a mark of friendship.

To-day the regiment was ordered to be in readiness to take up the line of march
for Walla Walla to-morrow at 10 o'clock, and we were informed by the commander
that he could not furnish us an escort to go in advance — as he thought it unsafe to
divide his forces. On the morning of the 15th, before we marched from this place,
two of the Des Chutes Indians came iu for peace. They belong to Sue, Seletza's
older brother — he is quite an old man and had not been in battle against us, though
some of his people had ; but said they were forced to do so in order to escape the
same treatment from the Cayuses, that Seletza had received. We spoke to them
about as we had done to the Yakinias the previous day, and sent the old chief a
similar present, witli a request that he should meet us on the road; as we could not
wait at the fort.

Disappointed iu our wish to go iu advance of the regiment, and fearing the
Nez Perces and Walla Wallas might be driven to hostilities, we determined to dis-

;S8

brown's political history.

1847

patch a messenger to them. Old Elijah, an Indian professing to be a Nez Perces,
who had accompanied Messrs. Newell and Palmer from Oregon City, was thought
to be the most suitable person at our command. Accordingly on the 20th, from
the upper crossing of the John Day's river, he was sent forward with a letter from
Rev. H. H. Spalding to the Nez Perces chief — a flag and some tobacco to tuem
from us, and a letter to Mr. McIJean, to whom he was directed to deliver the pack-
age. He, however, unfortunately (or designedly) fell ir. with the Cayuses before
he reached Walla Walla, and was retained as prisoner, the flag and tobacco appro-
priated to their own use, but the package, being directed to McBcan, was setil to
him by Young Chief, who afterwards intercepted and destroyed his reply tu us.
p-ortunately, two Nez Perces, Timothy and Red Wolf, arrived at Walla Walln just
as McBean received the package, he made known to them the contents of our letter
to him, in which v.r . Spalding's letter to them was mentioned, he gave it to Timothy,
who readily opcti . ind read it aloud ; after which, these two men immediately set
out for their own .. . utry, bearing with them Mr. Spalding's letter and also the in-
formation they had gained through our letter to McBcan, which was also com-
municated to Yellow Serpent (Walla Walla chief). To this fortunate occurrence
we owe, perhaps, much of our success in preventing a general combination of the
Indian tribes against us

On the 23d, Sue, the Des Chutes chief came to our camp on Willow Creek,
bearing the flag we had sent him, accompanied by twelve of his men as an escort.
We had a frendly talk with him, and Capt. T. McKf.^ , received by him a fine horse
as a present from Waluptouleekt, from whom Col. Gilliam received a message by
the same, saying he would bring in all the property left with him and all that had
been taken from the emigrants by his people, and deliver it up to the Colonel on
his return to Wascopam, if it would make them friends. The Colonel replied it
would. We all sent word to the same effect, and requested Sue to meet us again
at Wascopam on our return, and to tell all the Indians to do the same, as we wished
to talk to them. At daylight on the morning of the 24th, a boy of Seletza's came
to us at the springs, bringing us an express at Wascopam, which proved to be a
letter from Rev. Mr. Blanchet, missionary to the Yakimas, to whom we had writ-
ten from Wascopam on the 14th. This letter had been sent to that place with some
presents to us from the Yakima chief, a translation is herewith submitted :

Camp of Cayuses,' P'eb. 16, 1S48.

Sir. My Indians have this moment handed a letter signed by you and Messrs.
Palmer and Lee. I have read it and explained it to them by means of an Indian
who understands French a little. .\ll the Yakima Indians, request mc to inform
you that they are firmly decided to follow your advice and not join the Cayuses.
They request that their decision should be made known to the Governor. If you can
do this, they will be much obliged to you. Your letter to the Yakima chiefs, has
been very opportune, and gratifying to me as it proved the absurdity of the reports
spread against the Americans, and which I contradicted, as I felt convinced that
the innocent would not be made to suff"er with the guilty. I am perfectly satisfied
with the conduct of the Indians with me, as it will afford an opportunity to the
missionaries, of instructing this people, which is the only means of civilizing them,
and attach them to the government. I do not know, if I am mistaken, but I
believe I had the honor of meeting Mr. Newell at the Willamette, at Mr. McKin-
ley's about four months ago. It is for this reason I address myself to you, and do

I It should have
' Camp of Cayuses."

been "Camp of Ciaies" the name of the heart chiefs village, instead of

1847

Nez Perces,
vas thought
i 20th, from
1 letter from
icco to taem
■er the pack-
lyuses before
bacco appro-
, was sent to
reply to us.
la Walla just
; of our letter
t to Timothy,
mediately set
id also the in-
ras also com-
te occurrence
uatiou of the

Villow Creek,
1 as an escort.
Ill a fine horse
a message by
id all that had
he Colonel on
onel replied it
meet us again
, as we wished
Seletza's came
aroved to be a
1 we had writ-
lace with some
litted :

eb. 16, 1848.
on and Messrs.
s of an Indian
it mc to inform
u the Cayuses.
nor. If you can
ima chiefs, has
ty of the reports
convinced that
xfectly satisfied
portunity to the
civilizing them,
mistaken, but I
, at Mr. McKin-
f to you, and do

1847

PROVISIONAL GOVERNMENT.

589

village, instead of

it in I'rench, not being sufficiently master of the English language to do so in it.
Your humble aud obedient servant. Cr. RLANCIIET,

Missionary a)iiong the )'akimas.

The Cay uses met us in battle array a few miles from these springs with all their
allied forces. We made every exertion in our power to get to speik with them,
but could not. A battle ensued, the particulars of which you have from the proper
source, .\fter the battle, however, we succeeded in getting a talk with the Fin-
lay's (half breeds), which opened the way for negotiating with all the tribes. On
our approach to Walla Walla, we received the accompanying letter from McHean
in reply to the one from us by one of the Finlay's :

Fort Nez Ferce.s, ?ilarch 4, 1848.
To the Commissioners :

Messrs. Palmer .vnd Neweli,. — Gentlemen. I have to acknowledge
your esteemed favor of this date, which was handed me this evening. I am happy
to learn that your success to effect peace, has so far rewarded your endeavours and
that the Nez Perces are on yo\ir side. Previous to their visiting you, the most in-
fluential chiefs came to me to know your real intentions, which I fully explained
and addressed them at length. They left me well disposed, and I am glad to learu
thej- have acted up to their promise. I now forward letters to Fort Hall and I'or.
Boise, and have to request in behalf of the Company, that j-ou be kind enough to
get them forwarded by Mr. Meek. They arc of importance— on their being de-
livered, depends loss or gain to the Company, and by so doing you will confer a
favor on us, Your most obedient servant, WILLIAM McBEAN.

P. S. Please present my best respects to Gen. (rilliam and Maj. L,ce.

Our first interview with Yellow Serpent, was at Walla Walla on the 28th. We
found him decidedly friendly and withal prudent and sensible. He visited our
camp frequently afterwards — furnished some beef cattle to tlie arnu-, and was in
the general council, which was held at Waiilatpu on March 7th. There were
present also the Cayuse U'ar ty/zV/Coslnnashpello, and the following Nez Perces,
Joseph (head chief during the absence of Ellis), Jacob, James, Red Wolf, Timothy,
Richard, Kcntuck, Luke, Stupelpenin, Youm-tama-laikin, Thomas and about 250
men. Col. Gilliam, C. W. Cook, As.st. Ouartermaster, Capt. McKay, Mr. Craig,
and a few others of the regiment were with us. After the pipe of friendship had
passed around till our hearts were all good and our eyes watery, we informed them
that we had a comnmnication to them from our head chief in the Willamette, and
we wished them to break the seal, which they did, and we read it to them, which
called out the feelings and views of nearly all the chiefs. The substance of the whole
amounts to about this : They had no knowledge of an intention on the part of the
Cajnises to murder the Doctor, till the deed was done. When they heard it they
were grieved. Some of them came to see the chiefs, and enquire who had been
guilty of so foul a deed — they had a laiu amongst them — that when one committed
murder, he forfeit his own life. They had one head chief — they all listened to hi3
words. Their old chiefs who were now dead, had told them to be friendly with the
Americans, and they had not forgotten their words. The Cayuses bad told them
the Americans were coming to kill all the Indians and to take their lands, but they
still came to see us. They had not killed Mr. Spalding, but protected him. They
asked him to stay with them, his property was still there. The\' would not join
the murderers to fight us.

'.a

390

brown's political history.

1847

To the Great Chiefs of the Nez Perccs, and other Tribes :

Hrothers. I speak to you now on a subject of great importance to Americans,
and I ask you to listen to what I have to say. Many years ago, a few Americans, came
to your country ; you received them gladly, and told them you wished them to stay
with you and instruct you; they did so at your request; among these was Dr. Whitman
and his lady. Many Americans have since that time passed through your country to
join their brethren in the Willamette. At first they were permitted to pass without
being molested. After a while some of your neighbors, without your knowledge,
would steal from the Americans as they passed along. Soon they began to steal
large things, and last summer nmcli was stolen, very much. We did not want to
be enemies to you, and our warriors were not sent up. If vou will enquire into
thesL- things, you will find that they are as I tell you. We have borne a great deal,
we believed that your chiefs did not know how much was stolen from the Ameri-
cans, but we think your power ought to be exerted to prevent stealing altogether.
But all this was nothing compared with what has since been done.

On the 27th of last November,the Cayuse Indians bathed their hands in the blood
of their best friend, and in the blood of many of our brothers. Ur. Whitman had
at your request remained among you. He has ever since been trying to do you
good by teaching you many useful things, and above all, we know that he was
teaching you to understand the IJible, the great Rook that our Creator has given us,
by which we may understand the way in which he wishes all his creatures to live,
that we may be happy in this world, and b; happ/ after death. Dr. Whitman la-
bored with you for a long time, what he told you was true, and had you listened
to him, and all your neighbors listened to him, Dr. Whitman and our
brothers would not have been killed, because one of the great command-
ments of our great Creator is "Thou shalt not kill;" another one is,
"Thou shalt not steal." I hear that you say " Dr. Wuitman was poisoning
us ;" you know better, sickness is sent by our Creator, it is in the world, and he
has said all men must die, we cannot escape. Did you not see the Americans die
with the same disease? Have not a great many of our people been buried this
year? But if it was believed by our neighbors that Dr. Whitman poisoned them,
why kill all .\mericans ? But I tell you Dr. Whitman did not poison any one, he
was giving medicine and advice to try to save you from dying ; how many times
has he healed your sick, that would have died, had he not given them medicine ?
He was your best friend, your great friend. He was always speaking of you and
trying to do you good. But he is dead ; his wife is dead ; our brethren are dead.
How did they die ? How did he die ? The men that asked him to stay among
them, that had partaken of his hospitality, that have been the subjects of his kind-
ness, stole upon him and murdered him. Our hearts bled when we heard of it.
We cannot pass this by. We hope you sympathize with us, that your hearts say
we will not protect such men.

Brothers, our warriors are on the war path, what shall be done, that we may
all again be friends, and not enemies ? I will tell you what we want, listen to me.
We waut the men that murdered our brother Dr. Whitman, and his wife, and the
rest of our brothers ; Tiloquoit, Tamsukic, and all that were engaged, and those
that forced our young women to become their wives. We want all these to be
given up to us, that they may be punished according to our law. And further,
that restitution of the property stolen and destroyed be made, either by returning
the property or giving an equivalent. If this is done, our hatchet will be buried,
and the Indians and Americans will be friends and brothers. Every tribe that
unites with the murderers and protects them, we must look on as our enemies. On

1847

Americans,
icaus, came
hem to stay
ir.Whituian
r country to
lass without
knowledge,
gan to steal
not want to
MKiuire into
a great (leal,
the Ameri-
; altogether.

in the blood
'hitman had
ig to do you
that he was
las given us,
.ures to live,
^Vhitman la-
you listened
ui and our
, commaud-
her one is,
LS poisoning
orld, and he
tnericans die

buried this
soned them,

any one, he

many times
n medicine ?

of you and
en are dead.
) stay among
3 of his kind-
; heard of it.
ur hearts say

that we may

listen to me.

wife, and the

ed, and those

11 these to V:)e

And further,

by returning

ill be buried,

ry tribe that

enemies. On

1847

PROVISIONAL GOVERNMENT

391

the other hand, every tribe that does not unite with and protect them, we shall
look upon as our friends, and protect them if nece.ssary. My brothers, consider
this well. The Americans are a great people ; a few, very few, have come to this
country. Our Great Chief has always been told tliat the Indians in this country
were all friendly; he has not sent any of his war chiefs here. We have now sent word
to him, that our people have been killed, his war chiefs will come, and should you
prefer war to peace, let me tell you, and listen bj what I say, they will punish you
until you shall be fully satisfied with war, and be glad to make peace. Consider
this well, if your young men speak for war. My advice to you as a friend is, that
you deliver up the murderers, or let the Americans go and take them, without your
interfering with them. In this case do not let the nuirderers shelter among you, lest
your people should get killed through mistake, for which I would be very sorry.

1 have sent this news to California, and very soon one or more ships of war
will be here, but if you are determined to be friendly with the Anu-ricans, this
need not alarm you ; Americans never injure their friends. We know our Great
Chief wishes the Americans and Indians to be as brothers. We wish to be so.
Will you let us be as brothers, or will you throw us away. I could talk a great deal,
but will say no more at this time. The three chiefs that I have sent up to meet
you and talk to you, will tell you what is wanted, whatever they say to you, you
can believe. In testimony that this is my writing, I sign my name, this second
day of February, 1848. GEO. ABERNETHV.

Gov. of Oregon Territory.

Speech of Ca>iiash-pello — Cayuse War Chief.
" My people seem to have two hearts. I have t)nt one. My heart is as the
Ncz Perces. I have had nothing to do with the murderers. Tamsuckie came to
me to get my consent to the murder, before it was committed. I refused. I pointed
to my sick child, and told him my heart was there, and not on murder. He went
back and told his friends he Lad obtained my consent — it was false. I did not
give my consent to the murder, neither will I protect or defend the murderers."

Speech of foscph: — Xez Perce Chief.
Who was the princioal chief dtiring the absence of Ellis, who with
many of his warriors, was absent in the buffalo country on their an-
nual htint.

"Now I show my heart. When I It.ic my home I showed my heart. I took
the book ( a Testament) in my hand and brought it with me — it is my light. I
heard the Americans were coming to kill me. Still I held my book before me
and came on. I am here. I have heard the words of your chief. I speak for all
the Cayuses present, and all my people. I do not wish my children engaged in
this war, although my broiher is wounded. You speak of the murderers. I shall
not meddle with them. I bow my head.

Speech of facob. — Nez Perce Chief.
" It is the law of this country, that the murderer shall die. This law I keep
in my heart, because I believe it is the law of God — the first law. I started to see
the Americans, and when on the way, I heard thf^ Americans were coming to kill
all the Indians — still I came. I have heard your speech and am thankful. When
I left home, I believed the Americans were coming for the murderers only. I thank
the Governor for his good talk.

V'.

392

brown's potjticai. history.

1847

Speech of James. — A^ez Perce Chief.
" I have heard your words and my lieart is glad. When I first heard of this
nnirdcr, our white brother vSpalding was down here. I heard the Cayuses had
killed him also, and my heart was very sad. A few days after, when ho returned,
I met him as one arisen from the dead. We spoke to^'ether. He said he wouhl go
to Willamette. I told him to tell the chiefs there, my heart. We have been listen-
ing for some word from them. .Ml these chiefs arc of one heart."

Speech of Red Wolf.—Nez Perce Chief.

"You speak of Dr. Whitman's body. When I heard of the Doctor's death, I
came and called for the murderers. I wished to know if it was the work of the
chiefs. I went to Tawhatoe's and found it was not of all, but of the yt)ung meu.
I did not sleep. I went to Mr. Spalding and told him the chiefs were engaged in
it. Mr. Spalding said I go to Willamette, and will say the Ne/ Perces have saved my
life, and I go to Willamette and to save yours. We have been listening to hear from
the white chiefs."

speech of Timothy. — Ncz Perce Chief.

( This man repeated each sentence as spoken by the Indians ; hence, probably
the language : "I am as one in the air.") "You hear these chiefs, they speak
for all. I am as one in the air. I do not meddle with these things. The chiefs
speak. We are all of their mind."

Speech of Richard. — Ncz Perce Chief.
" I feel thankful for the kind words of your chief. My people will take no
part in this matter. Our hearts cling to that which is good. We do not shed blood.
This is the way our old chief ( Cut N'ose), talked. His last word were : ' My chil-
dren, I leave you — love that which is good — be always on the side of right, and
you will prosper. ' His children remember his words. He told us, ' take no bad
advice.' Why should I take bad words from }-our enemies, and throw your good
words away? Your chief's words are good. I thank him for them. My chief in
the buffalo country, will be glad to hear I talk'-d ihus to you. He would be sorry
should I talk otherwis-e. This much I teli you of !He hearts of my people."

Speech of Kentuck. — .■\>.: Perce Chief.
• "The chiefs have all spoken; I havelisteneil, and now I wish to speak a little, I
have been much with the .\mericaiis and French — they know my heart, Can any-
one tell anything bad of me? In war with the lUackfcet, I and my father fought
with tlic Americans, and my father was killed there — he (pointing to Mr. Newell),
knows it. Since then I have loved the whites. Last year 1 was in California, at
Captain Sutter's, and helped Captain Fremont — not for pay, but from a good heart.
I came home and heard the T^octor was killed ! We heard that the whites were
told we were with the Cayuse... We have not such hearts. I and my people are
from the farthest part of our ctuntry. Wc had heard there, that you were coming
to kill off the last Indian west if the mountains. We have never shed the blood of
the Americans. We are glad \.^ hear that you want none but the murderers."

Remarks of J. Palmer, Supertniendenl of Indian Affairs, to Peo-Peo-uwx-moXf
the Walla Walla Chief and his people. '
Chief. We are glad to see you, and have an opportunity to talk with you.
We have been sent here by the American people to find out who murdored Doctor

I It is not exactly clear why Gen. Palmer should first address Peo-peo-mox-mox, without it
was that he was there by special invitation and closely connected to Camash-pelloo. the Cayuse war
chief. Peo-peo-mox-mo.x was to be feared as he was a powerful chief.

1847

eanl of this
L'ayiises had
u; returned,
he would i^u
; been listen-

or's death, I
work of the
young men.
; engaj^ed in
ive saved my
to hear from

ce, probaVjly

i, they speak

The chiefs

will take no
)t shed blood.
: ' My chil-
jf right, and

take no bad
w your good

My chief in
ould be sorry
ople."

;ak a little, I
t. Can any-
father fought
Mr. Xewell),
California, at
a good heart,
whites were
\- people are
were coming
d the blood of
rderers."

to-i/io.v-moxt

ilk with you.
■dored Doctor

nox, without it
the Cayuse war

1847

PROVISIONAL GOVERNMKNT.

393

Whitman, his v\ ifc.and the other Americans at \Vaiilatpu,and ask thrt justice be done.
We are vjlad to hear that you had no hand in the matter, aud that ^.-ou would not
unite wuh the Cayuses. We l)elieve this report, for wo heard a loif.; way off by
Lieut. Fremont, that you and your people had fought with the .Vmericans in Cal-
ifornia, that you acted bravely, and that your hearts were good toward the .Amer-
icans. Your conduct since the massacre convinces us that wc judged rightly. We
now consider you u great, good cliief — your conduct places you far above tliose
around you. These things have been written down, aud sent to our Great Chief,
that all tnay know it. You are now getting old, why should you embroil yourself
and people in a war with the .\mericans? You will iu)t doit — you will listen to
good counsel. We do not coTue here to do wrong to the Indians, but to do them
good. To separate the innocent from the guilty. Must we allow bad men to mur-
der our brothers, aud ill treat our women, and not punisii them? All good people
say no. The Great Master of life, orders that the guilty be punished. It is our
duty to do it. It is the duty of every good man to aid in bringing the guilty to
punishment. It is tliis, that brings us here. You express a desire to be with us in
council with the Ne/, I'erces, it is our wish that you should be present. I'or the
present, I have nothing more to saj'.

Rcinarks, of J. Pabncr in Council ivith the Ncz Pcrces, Walla JFallax, am!

friendly Cayuses.

Chikk.? and Friends. W^e are glad to see aud hold a dk with you. We
now believe that we shall reason like men, and that all the difficulties that exist
between the whites and the Indians of this country can l)e settled without further
fighting. With the Xcz I'erces we are and always have been at peace. I am glad
to say we have not seen cause of war, and in this council I hoi)e we shall strengthen
the bonds which have heretofore existed between us and the Nez Perccs and Walla
Wallas. Rut with the Cayuses this cannot be said. The land of the Cayuses has
been stained with the blood of our brothers — the Cayuses have done it. What shall
be done? The great God orders thai the guilty be punished. Is it not our duty
to do it. Is it not the duty of all good men, to aid in punishing those murderers ?
But, we do not wish to injure the innocent. We have been long coming, Mr.
Newell, Mr. Lee and myself were sent to see, and talk with the chiefs. Hut when
we reached Wascopam we were told that the roa<l was closed, and that the Cayuses
had been down and killed two of our men. That they had hired a great many In-
dians to join them. That if we came we would be killed. We then waited for our
war chief, we came with him. Many met us on the road aud made war. We wished
peace, and went in advance of our war chief with a flag to hold a talk, but their
young men were surrounding us, and made signs of war. We returned to the
wagons with sickened hearts, for we could not prevent the fighting. We sent
messengers with letters, telling them that we did not come to make war upon the
innocent, it w.-is the guilty that were to be punished. They would not listen to our
talk, we were grieved. vSome of their men were killed, and others wounded ; some
of our men were wounded, but none killed. Since then we have seen some of these
chiefs ; we know not whether they will listen to us ; but we must punish these mur-
derers, aud all those who unite with them, we shall consider as an enemy. The
Cayuses have forfeited their lauds by making war upon the Americans ; but we do
not want these lands, but we wish to open the road for Americans to travel, as they
have done before ; and if the Cayuses continue to make war upon us, we shall be
compelled to drive them from their lands. We shall build a fort and station a
number of men at Waiilatpu.

Our war chief will hunt these murderers as you hunt the deer, until he drives

394

BROWN S POLITICAL HISTORY.

■+/

them from the face of the earth. It is no credit to be associated with murderers.
Suppose you all were to unite with the Cayuses and kill us off; we are but a
handful. Others would come with both hands full and wipe you out. We have not
two hearts, nor a forked tongue, we speak the truth. The Americans are many,
and if the Cayuses were wise, they would listen to us, cease fighting and surrender
the guilty. They must also return the property belonging to the mission and to
individuals, as well as to Seletza, whom they have robbed, and in every case where
the property has been destroyed, or injured, an equivalent must be given ; when
this is done,, we will talk of peace with them. We have submitted to many wrongs
whilst traveling to our country, the Willamette. We did not go to war with them,
because our chief had told our people not to interrupt the Indians. We are slow to
get angry, l)ut when we l)egin war, we never quit until we conquer. These rob-
bers must pay for the wrongs tiiey have done our people ; the}' need not expect to
es:ape. Our war chief has a good heart, he wishes the Indians well, but will pun-
ish the baci. We have sent word to our Great Chief of what has been done ; we
soon expect great ships.

Three years ago, when I was here, I saw many of these people ; when I went
home I wrote a book; I. sent it among our people. I spoke of these people, told them
how well you all behaved. That the Nez Perccs, Walla Wallas, and Cayuses, were
ail good people, that you listened to good advice. O, how I was astonished wlicn
I heard what had been done ! I did not believe it, but I see that it is so. I have
lied, for I said your people were all good — it is not .so, I am ashamed of what I said,
but I am glad there are some good people, I esteem you. We must judge your
hearts by your acts. I am told the Cayuses say, that Dr. Whitman was poisoning
them. They know better, is it not the fate of all to die ; do not the Americans die
as well as the Indians? Do they charge the other Americans with poisoning them?
No, why did they kill them ? Because their hearts were bad, they listened to bad
counsel. When men's hearts get bad, they are ready to give and take bad counsel.
I learn they say they had ordered Dr. Whitman away. Did the chiefs do it in
counsel, or did a few bad men wish to drive him off, so that they might get his
property, and ill treat our women. If our people do a bad act, we punish them.
If my brother commit murder, he is hanged by the neck until he is dead. We are
sorry to do it, but the peace and safety of our people demand it. Our great God of
heaven commands it and it must be done. Was not Dr. Whitman doing them all
the good he could, were the whites injuring them. How is it, who enabled them
to be thus comfortably clothed. How came they to have cows, and cattle for beef,
wheat, corn, peas, and potatoes for food ; why are all these fields that we see along
the streams; for whose benefit are they. Is the Indian's condition so much better
than that of the whiits that they wish to throw away our counsel. Hut I hope they
will see their errors, will get good hearts and do well hereafter. When chiefs do
wrong, what must we expr Jt of the people? But we will not acknowledge these
murderers as chiefs ; none but good men should be chiefs. The chiefs should gov-
ern their people.

I\lr. NewelVs Retnarks to the A'cz Perces in Council at IVaiilatpu, 3farch 7, /S4S.

Brothers. I have a few words to say, call together all your men, old and
young, women and children. This day I am glad to see you here, we have come
to talk with you, and to tell you the duty we owe to our God and all good people.
I have not come here to make peace with you, we never have been at war, but al-
ways friendly. This I know, this all our people know. I have fought with the
Nez Perces, some of them I see here, but we were on the same side ; we have lost

1847

PROVISIONAL GOVERNMENT.

395

I murderers.
we are but a
We have not
IS are many,
nd surrender
ission and to
•y case where
jiven ; when
:nany \vroni,'s
ir with them,
e are slow to
These rob-
lot expect to
but will pnn-
ea done ; we

when I went
3le, told them
2ayiises, were
)uished when
s so. I have
if what I said,
St judge your
vas poisoning
Unericans die
isoning them?
itened to bad
bad counsel.
:hiefs do it in
might get his
punish them,
ead. \Vc are
r great God of
oing them all
enabled them
attle for beef,
: we see along
o much better
ut I hope they
lien chiefs do
jwledge these
fs should gov-

\rarch 7, 1S4S.
men, old and
ve have come
1 good people,
at war, but al-
ught with the
we have lost

friends on the same day and at the same battle together But we did not lose those
friends in trying to kill innocent people, but by trying to save our own lives. This
I have told our people, our people believe it. I have told them you are honest and
good people, they believed it. Your hands are not red with blood. I am glad, my
children are glad. And now brothers hear me, never go to war with the Ameri-
cans, if you do, it will be your own fault and you are done. I have come here to
see you, the Nez Perces and other good people, no one else. I am not here to fight,
but to separate the good from the bad, and to tell you that it is your dutj- to help
make this ground clean. Thank tod you have not helped to make it bloody. I
was glad to hear the Nez Perces had no hand in killing Dr. Whitman, his wife and
others. What have the Cayuses made, what have they lost ! Everything, noth-
thitig left but a name. All the property they have taken, in a short time will be
gone, only one thing left, that is a name, " the bloody Cayuses." They never will
lose that, only in this way, obey the great God and keep his laws. And my friends
this must be done, if you will ol)ey God and do what is right, we must. This is
what our war chief has come for. What is our duty to the great God ? This is his
law. He who kilis man, by man shall his blood be spilt. This is his law. This
is what God says, and he must be obeyeii, or we have no peace in the land. There
are good people enough here among the murderers to have peace again in the land
should they try. In a few days we could go about here as we have done, all
friendly, all happy. Will you hear, or will you not. You have heard that we
have come here to fight all the Indians, it is not so. The evil spirit has put bad
words in the mouths of those murderers and they have told you lies.

My friends, one thing more let me tell you; we have come here because it was
our duty. We are sorry to have to come, but the laws of God have been broken
on this ground, look at these walls, see how black they are, look at that large
grave ; He is angry with those people who broke His laws, and spilt innocent
blood. How can we have peace. This way my friends and no other. All join
together, and with goor hearts try to get those murderers and do by them as the
great God commands, rud by so doing, this land will be purified, and in no other
way will we have peace. I am sorry to see people fight like dogs. People who
love to kill and murder: they arc bad people. We have come here to get those
murderers, if good men pnts themselves before those bad people, they are just as
if they had helped to murder, and we will hold them as such. The most of the
C -j'uses have gone off, but a few arc here, they have left their farms. Why is this,
what have they done ? Because some of their people have been foolish, all should
not turn fools and be wicked. I am sorry, very sorry to see it so. What will they
if they fight us, and fight against our God, and break our laws. I wU tell you,
they will become poor, no place will they find to hide their heads, no place on this
earth nor a place in heaven, but down to hell should they go if God's words are
true. I hope you will be advised and take good council before it is too late.

Our war chief has waited a long time for the Cayuses to do what is right, he
will wait no longer, and when he begins to fight, I do not know when he will stop.
His heart is sore for Dr. Whitman and his wife, tht.t have been slaves to these peo-
ple, who done all they could to teach them how to work, and how to do all good
things, that they might live like the whites a.uibe Christians, but they have joined
the evi. one and become bad ; they have murdered, they must not escape. My
friends I am not angry, 1 am sorry. The oth.er day over yonder where we fought
the Cayuses, we saw people coming, I went with a flag, I had no gun, made signs
of peace, waved the flag for them not to shoot, but stop and talk, but they would
not. I went back sorry, I knew there were some people there who had done us

I^'i

396

brown's political history.

1847

no harm ; but those bad people told them lies, aud gave them horses to fight us.
Bought them like slaves to fight. I knew they came blind, they knew not what
they were doing; I wanted to tell them what we had come for but could not. I
have done my duty. God knows my heart. If I do wrong, then the great God
will punish me, and now I tell you the same as if you were my own children. Do
not join with those murderers, nor let them come in your country, or in your lodges,
or eat with them ; but try and bring them to justice.

My friends, I have no more to say to you now. I have come a long way
to see you and talk with you, will you throw my words away ? I hope not, I
beg you to hear my words and be wise. I have brought this flag for the Nez Pcrces;
take it, I hope you will keep clear of blood. Let the Nc/. Pcrces assemble and set.
tie among yourselves who will keep the flag. Ellis is not here, and many itLcr
chiefs are gone to the buffalo country that I am acquainted with. Mr. Craig v,. ,
tell you that we are your friends ; he loves you ; so do we all like him ; he has told
us many good things of you.

After which Messrs. Lee, Gilliam and McKay, all spoke, corroborating in •■.ub-
stance what the first two had said. A social conversation then ensued, after which
the Superintendent of Indian Affairs told them that Mr. Craig would remain with
them for the present, as his agent, and would assist and instruct them in their
efforts at agriculture. That as soon as the present difficulty was settled, he would
send them a blacksmith, and if they wished it, a school teacher ; that after this no
other white man should settle upon their lands without their consent. But thai
tho^e already settled and having families amongst them must be respected both in
person and property — and others should be allowed to travel peacefully through
their country for the purposcof trade, &c., and they should have the same privilege
to travel through our settlements. That if any difficulty occurred between them
and the whites, they should make it known to him through Mr. Craig, or other-
wise, and he would have it fairly adjusted between them. To all of which they
gave a sanction. Mr. Newell then presented them a large .\merican flag, as a na-
tional present, and requested them to preserve it as such— and to hoist it on all
national occasions, which they received with evident good will. \Vc also gave
them some tobacco to smoke in friendship to the .Vmcricans, and we are happy to
say the whole affair went off highly satisfactory to all parties. In the evening the
Nez I'erces gave us a zvar dance, which amused and delighted us much ; and we do
them but bare justice when we say the performance was well timed, the parts well
acted, characters represented to the very life, and the whole fiyst rate. We felt
gratified with our success in our efforts to prevent a general war with the Indians,
in saving the Nez Perces which havl been a matter of much anxiety with us; in
breaking the ranks of the enemy by calling off their ahies ; aud especially' in sep-
arating the innocent from the guilty.

On our return, we fell in with Yellow Serpent, who accompanied ns to Walla
Walla and there spent the evening with us in friendly conversation. He told us
that the Walla Walla Indians wlio had been with the Cayusp had k't them, as
most of their other allies had done. We inquired for the Ir. li^-n who i/(:Aieuded
Mr. Osborne and his family and found that he was a brother- in Ik;.- to Mr P,*^. -Bean's
interpreter. We expressed our appreciation of such praisewo* thy conl'-tct, .nd our
wish to reward him. He was not present however, and the mauiiestatiot of our
sincerity remains yet to be made, which it is hoped will not be neglected. It was
a matter of much regret to us, that neither the Superintendent, nor the Commis-
sioners were able to compensate such and similar services, in a manner becoming
Americans. The boy whom Seletza sent on his own horse from Wascopam to our

1 847

1S47

PROVISIONAL GOVERNMENT.

397

3 to fight us,
tievv not what
:oulcl not. I
le great God
:hildren. Do
L your lodges,

; a long way
I hope not, I
e Nez Pcrces;
mble and set
i many Mtl cr
Ir. Craig v,
1 ; he has tol'i

irating in •■.ub-
d, after which
d remain with
them in their
led, he would
t after this no
2nt. But thai
aected both in
jfuUy through
;anie privilege
between them
raig, or other-
)f which they
flag, as a na-
hoist it on all
We also gave
; are happy to
le evening the
ch ; and we do
the parts well
rate. We felt
h the Indians,
ty with us; in
ecially in sep-

:d us to Walla
He told us
1 \(.\ them, as
vho i^<;frieniled
Ml "^T.-Hean's
iv'-act, .nd our
statiot of our
ected. It was
r the Commis-
mer becoming
iscopam to our

»*,

camp at the Springs, with dispatches to us, performed that trip of more than 100
miles through a hostile country, entirely alone, and in about twelve hours. A feat
that perhaps few men in our regiment would have undertaken. We repeat our re-
gret at not having the means to make them sensible of the estimate we place upon
such service. In the absence of any appropriation made by law for the pay of con-
tingent expenses in this department, we could only make them such presents as
our private resources would allow.

On our return to Wascopam, we were truly delighted to find our old friend vSue,
with his village, quietly encamped near the fort, with the Stars and Stripes ( a
present from us) proudly, but peacefully waving over their matted tents. We held
a council with these and the Wasco Indians, confirming the friendly relations
which had already sprung up between us and them, and enforcing upon the chiefs
the duty of commanding their people, and upon the people that of obedience to their
chiefs. Telling them that hereafter, we should hold the chiefs responsible for the
conduct of their people towards the whites. But if any would not obey, the chiefs
shouldreport them to the Superintendent, who would excuse the chiefs and punish
the individual. To this, both the chiefs and people gave their assent. Sue reported
Walluptuleekt as having started to join the Cayuses with the property belonging
to the late emigrants. But for some cause, had turned up towards the head of
John Day's river where he is still encamped. Sue thinks Walluptuleekt would be
glad to make friends, but is afraid to come to us thinking he has done so bad that we
would kill him. We again sent him word to come, saying we never injured any one
whom we invited to come to see us, but always regarded such an invitation as a sa-
cred pledge of protection — for the time at least. We fear however, that he having
disposed of much of the property in such a way that he cannot now reclaim it, will
by that means be debarred from coming ; and as one of his brothers was killed in the
bat'le with the Cayuses, it is probable he will ultimately join them.

.n conclusion, allow us to say that, we believe the war party of the Cayuses
i'.sP' row so reduced in numbers that they are not likely to risk another engagement
\v the field with the regiment, at least for the present. Sticas, Camash pelloo, and
Ti : tin j:iate-sah (Cayuses) have left the murderers, and were friendly. Young
Chief had also left them, but would not come to see us. He had gone to the mount-
ains with his own lodge only. The last account we had of the war party, they
were retreating towards Snake river. The accompanying extract of a letter written
in camp on the 12th inst., will give you the latest intelligence we have of them :

Camp on Touchie, March 12, 1848.
Dear Sir. We made about ten miles the first day and encamped at i o'clock.
Soon afterwards three Indians came in with a flag, leading two horses, one of which
pxoved to be the American horse they had stolen from me on Umatilla. They said
iticas got Joe Lewis and the Doctor's property, but in attempting to bring them
to iT>, was overpowered by hostile Indians and Lewis rescued. vSticas was, thej'
said going to await our arrival on this creek with the Doctor's stock and other
property. We marched about ten miles to-day and found Sticas on this creek with
forty or fifty head of the Doctors cattle, about the same number of sheep, a few
horses, I56 in money, and about 5200 worth of other property, principally clothing.
He reports the Indians to have left this morning for the Tucanon. The Colonel
proposes to send the cannon back in the morning and follow them. The Tucanon
is about tjiirty miles north of the Touchie, and about fifty miles north of Waiilatpu
the place of the massacre. J. MAGONE.

Finally we beg leave to say that, although we apprehend more immediate dan-

II »

! f i

398

brown's political history.

1847

ger of mischief along our frontier settlements, than on the present field of action,
yet we would recommend that forces be stationed at Waiilatpu and Wascopam,
sufficient not only to command respect from the friendly, but also to keep in awe
the hostile party of Indians around those two points.

Your humble and ob't sv'ts. JOEL PALMER,

Supi. Ind. Affr's O. T.
To His Excellency, ROBERT NEWELL,

George Aberneth^', H. A. G. LEE,

Governor, Orej *i Territory. Commissioners.

The following is a Co. of the treaty of peace between the Ameri-
cans and Nez Perces by the Commissioners, Messrs. Palmer, Lee, and
Newell, which I found in the State Department. It was not signed,
but it is in Mr. Lee's hand writing and dated Waiilatpu ; and I present
it as it is, although not mentioned in the report :

ARTICLE I.

Section i. The object ol this treaty is to preserve, perpetuate and more fully
establish the relations of peace and friendship which have heretofore existed be-
tween the two parties. In order to do which it is agreed.

1st. That the Nez Perces shall give no aid or assistance to the Cayuses in the
present or any future war with the Americans. That they shall not allow any of
the Cayuses who were engaged in the outrages at Waiilatpu, to flee into and re
main within their territory in order to escape proper punishment ; and that they
will, so far as they can without bloodshed, assist the whites in punishing the guilty
and saving the innocent.

2d. That they will respect the persons and property of the whites who are
now within their territory, and such others as shall be sent by the Superintendent
of Indian Affairs to live amongst them, for the purpose of instructing them in lite-
rature, mechanical arts, agriculture, etc., but no other white men shall be permit-
ted to intrude upon their lands without their consent.

ARTICLE II.

Section i. It is agreed on the part of the whites :

1st. That the}' shall not make war upon the Nez Perces, nor in any way mo-
lest or disturb them so long as they ( the Nez Perces ) shall keep in good faith this
treaty. But on the contrary, the Superintendent of Indian affairs shall see that
they are respected in their persons and property by the whites, both in their own
territory and in the settlements of the whites, whenever they shall visit them for
trade. He shall hear their complaints, etc. It is agreed on the part of the whites
that they will not make war upon the Nez Perces, but will respect them as friends,
respecting their persons and property in all places so long as the Nez Perces keep
in good faith this treaty. That the whites shall not be allowed to intrude upon
their rights by settling upon their lands without their consent ; but it shall be the
privilege of the whites to pass through the Nez Perces country at pleasure while
they conduct themselves properly. And it is agreed that the Nez Perces shall have
the like privilege of passing through the settlements of the whites, for the purpose
of trade, without interruption.

Finally it is agreed that the Americans and Nez Perces will be friends and

1847

ild of action,
i Wascopam,
I keep in awe

vMER,
ffr's O. T.
NEWELIv,
LEE,
inissioTiers.

the Ameri-
:r, Lee, and
not signed,
lid I present

,nd more fully
•re existed be-

:ayuses in the
t allow any of
e into and re
and that they
ing the guilty

hites who are
jperintendeut
; them in lite-
all be permit-

any way mo-
ood faith this
shall see that

in their own
i^isit them for

of the whites
em a*^ friends,
z Perces keep
intrude upon
it shall be the
)leasure while
ces shall have
)r the purpose

)e friends and

1847

PROVISIONAL GOVERNMENT.

399

brothers under all circumstances and in all places. This treaty shall be in full
force until superseded by the government of the United States.
Waiilatpu, the 7th day of March, A. D., 1848.

Waiilatpu, April 4, 1848.
To His Excellency, Gov. Abernethy:

Sir. Since Col. Gilliam went from this place, our relations with the supposed
friendly Indians have undergone a material change. Not seeing any either friendly
or hostile for several da3's, I concluded to send an express to Fort Walla Walla,
and if possible, to gain some information con>. erning their movements, as I had
reason to believe from their long silence there, there was something wrong. I ac-
cordingly addressed a short note to Mr. McBean, on the evening of April ist, and
dispatched two of my men with the same, charging them strictlj- to remain there
during the day, and return as they went, in the night. They returned yesterday
in safety, and their narration, together with Mr. McBean's written statements fully
confirms me in my previous views. The Walla Walla chief, notwithstanding his
professed friendship to Col. Gilliam and the Bostons, now look upon us as enemies.
The law prohibiting the sale of amumnition appears to be the principal hobby.
By refusing it to him and his people, he says we place him on an equal footing
with the guilty ; and if this law is not abrogated, they ( the W^lla Wallas ) will be-
come murderers. This sentiment, he expressed in the presence of our express
bearers. There are about sixty lodges within a quarter of a mile of the fort, where
there was not one when we came up ; and they are said to contain between 200 and
300 warriors, Mr. McBean says he has learned that Tam-sukie is in the Grand
Ronde ; Teloquoit is in the direction of Mr. Spalding's mission, and his sons re-
ported to have left for Fort Hall with Joe Lewis. Sticus and his band are still in
the mountains. Ellis and sixty of his men have died in the mountains with the
measles, and this has produced its effect upon many of our superstitious friends.
The Cayuses and Xez Forces, have had a big feast, which to my mind speaks in
language not to be misunderstood. Mr. McBean further states the Palouse Indi-
ans, Cayuses, and a portion of the Nez Perces, are awaUing the American forces to
fight them at the Nez Perces or vSnake river. But the signs of the times justify- the
conclusion that we will be attacked much nearer home and much to our disad-
vantage, unless soon supplied with ammunition. They know our circumstances
about as well as we do ourselves, both as regards to ammunition and provisions,
and it need not be thought strange if they act accordingly.

Walluptuleekt is at the fort, and has brought quite an amount of emigrant's
property with hiri, which he delivered up to Mr. McBean. He says he was afraid
Col. Gilliam would kill him, which was the reason of his not meeting him ; this is
the report of our men. Mr. McBean did not mention his name. My opinion is,
that we have nothing to hope from his friendship. I see, by Gen. Palmer's letter to
Col. Gilliam that he refused to accept the .American flag, which was presented by
his own Indians, he of course had nothing to fear from them. I have now given
you the outline of our unpleasant situation, and doubt not that you will make every
gexertion to forward us ammunition, and men too of the right stripe. I have exa£;-
erated nothing, nor has ray active cautiousness prompted me to address you upon
this subject. If they do come upon us, be their numbers what they may, rest as-
sured, while there is one bullet left, they will be taught to believe, and that to a
demonstration, that the Bostons are not all cluchemen ( women.) I have succeeded
in getting the mill to work, and we are now grinding up the little grain we found,

i\m'

r'i!:

400

BROWN S POLITICAL HISTORY.

1847

Mr. Taylor died on JIarch 24th. The wounded are well, but I regret to say our
surgeon talks strongly of leaving us the first opportunity.

Your obedient servant, JAMES WATERS,

Li. Col.

Fort Wascopam, April 7, 184S.
Gen. A. L. Love joy:

Sir. I received your letter of instructions, by express on 3d inst., and I as-
sure you it gave me great satisfaction to make them known to the troops under
my command. The promotion of Maj. Lee to the command, the boys have taken
fresh courage, though some of them can hardly hide their nakedness, and are wil-
ling under your promises to stick it out like men. Give us 500 men and plenty of
ammunition, with Col. Lee at our head, and I think we will soon bring the war to
an honorable close.

The Yakima chiefs came over to see us a few days ago, and stated that they
had written to the white chief, but had received no answer ; therefore, they had
come over to see him. They spoke as follows : " We do not want to fight the
Americans, nor the French ; neither do the Spokanes, a neighboring tribe to us.
Last fall, the Cayusas told us that they were about to kill the whites at Dr. Whit-
man's. We told them that was wrong, which made them mad at us ; and when
they killed them, they came' to us and wished us to fight the whites which we
refused. We love the whites, but they say, if you do not help us to fight the whites
when we have killed them, wv will com«» and kill you. This made us cry, but we
told them we would not fight, but if they desire to kill us they might. We should
feel happy to know that we die innocently."

I answered them as follows : " We are glad that you have come, because we
like to see friends, and do not like to make war on innocent people. The Great
Spirit we love, has taught us that it is wrong to shed innocent blood. Therefore
we wish everybody to be our friends. Our peace men long ago sent you word, that
we did not come to make war on any but those murderers, who shed the blood of
our countrymen, and insulted our women. When we get those wicked men we
will go home, but those we will have, if not now, we will fight until we do get them.
We do not want to kill any but the murderers ; but all who nght with them we con-
sider as bad as they are. All tribes which receive them we must make war upon,
because their hearts are bad, and we know that the Great Spirit i.- '^ngry with them.
We hope your nation will not receive them. We hope that youwill not let your
young men join them, because we do not wish to kill innocent people. We hope
that if the murderers come among you, you will bring them to us. Then the
great Spirit will not be angry with us. We that fight, do not care how many bad
people we have to fight. The A mericans and Hudson's Bay Company people are the
same as one, and you will get no more ammunition until the war is at a close." I
gave them a plowi' as a national gift ; and told them that I gave that kind of a
present because we thought tilling the ground would make them happy. They re-
mained with us a day and a night, and then left for their country with an assur-
ance of friendship.

The ammunition boat arrived here this evening, and I shall start tomorrow for
Waiilatpu, with nine provision and baggage wagons, and about 100 men to guard

' IConsiderable sport was made in regard to this gift of a plow, as the Indians had no manner
of use for it. The real object of these Yakima Indians was to have the law prohibiting the supply-
ing of Indians with ammunition abrogated in their favor,'as they were at peace and had not affili-
ated with the hostile Cayuses,

irj:

1847

; to say our

ERS,
Lt. Col.

7, 1848.

t., aud I as-
roops under
i have taken
and are wil-
nd plenty of
g the war to

ed that they
re, they had

to fight the
J tribe to us.
at Dr. Whit-

; and when

Les whicli we

ht the whites

s cry, but we

We should

1847

PROVISIONAI, GOVERNMENT.

401

;, because we

The Great

[. Therefore

ou word, that

the blood of
;ked men wc
: do get them.
them we cou-
ce war upon,
ry with them.

not let your
le. We hope
s. Then the
o\v many bad
Deople are the
t a close." I
hat kind of a

y. They re-

ith an assur-

tomorrow for
men to guard

liad no manner
ting the Kupply-
nd had not affili-

thera, leaving McKay's company to guard the place until Col. Lee's arrival here.
The scanty supply of ammunition sent us is almost disheartening. If the rumor
that the Indians brought us this evening be true, I fear we will have to shoot the
most of it p.t the Indians before we can reach the boys. The Indians reported here
this evciiing that the horse guard at Waiilatpu had been killed by the Indians'
and all the horses run off. I shall lose no time I assure you, but will relieve them
with all possible speed. Your obedient servant. II. J. G. MAXON,

Senior Captain.

The following letter was written by Jesse Cadwallader to a friend
in the Willamette valley, dated Fort Waters, April 4, 1848. It will be
noticed that Col. Waters comiiiand had not heard of the death of Col.
Gilliam :

" At present, we are not in a very pleasant fix for fighting, as we are but 150
in number, and nearly out of ammunition. Col. Gilliam with the rest of the men
left here on the 20th ult., for The Dalles for supplies. VVc look for them in a few
days and hope to see more men with him. We look for the Indians to come on us
every day. They say they will give us one more fight and drive us from the coun-
try. Wc expect they will number 1,200. TheCayuses, Nez Perces, Walla Wallas,
Spokaues and Palouses, will join and fight us, and you may expect a call for more
men in a short time. We are preparing for an attack. We arc killing beef atid
drying it to-day. I think we can defend this post — we shall do so or die in the
attempt. We cannot complain of our living so far; we have plenty of beef and
bread, nearly all the time. We have found several caches of wheat, peas, and po-
tatoes. We have about thirty bushels of wheat on hand, and the mill fitted up for
grinding. I wish you would see to my claim on Clear Creek, for I expect to return
when this war is over and occupy it with some man's girl as a companion."

Meetings were held at several places in the Willamette valley by
the ladies, as the result of Captain Maxon's appeal. We ptiblish two;
one held at Oregon City, and the other wc think near Salem. They
speak for themselves.

" At a meeting of the ladies of Oregon City and vicinity, at the Methodist
church on the 12th inst., pursuant to previous notice, to consult upon the best
means to aid in relieving the necejisities of the soldiers. The meeting was called
to order by Mrs. Hood, when Mrs. Thornton was called to the chair, and Mrs.
Thurston appointed secretary. Mrs, Thornton briefly stated the object of the meet-
ing, when on motion, it v/as resolved to form a society, the object of which should
be to aid and assist in supporting the war. On motion, the meeting proceeded to
elect officers, which resulted in the election of Mrs. Thornton, president ; Mrs.
Robb, vice president ; Mrs. Leslie, treasurer; and Mrs. Thurston, secretary. On
motion, it was voted to appoint a committee of three, whose duty it should be to
assist the society in raising funds, &c. The president appointed Mrs. Hood, Mrs-
Crawford, and Mrs. Hirford, said committee. Mrs. Robb then introduced the fol-
lowing address as expressive of the sense of the meeting, to be forwarded to the
army with the clothing raised by the ladies, which on being read, was unanimously
adopted :

iThis rumor proved to be untrue as were many other Indian reports.

402

brown's poIvITical history.

1847

Oregon City, April 12, 1848.

The volunteers of the " First Regiment of Oregon Riflemen," will please ac-
cept from the ladies of Oregon City and vicinity, the articles herewith forwarded to
them. The intelligence which convinces us of your many hardships, excessive
fatigues and your chivalrous bearing, also satisfies us of your many wants. These
articles are not tendered for your acceptance, as a compensation for your services
rendered, or to be rendered. We know that a soldier's heart would spurn with con-
tempt any boon tendered by us with such an object. Accept them as a brother does
and may accept a sister's tribute of remembrance. As a token, an evidence that our
best wishes have gone to, and will remain with you in your privations, your marches
your battles, and your victories. Your fathers and ours, as soldiers have endured
privations and sufferings, and poured out their blood as water, to establish undis-
turbed freedom east of the Rocky mountains. Your and our mothers evinced the
purity of their love of country, upon those occasions, by efforts to mitigate the hor-
rors of war, in making and providing clothing for the soldiers. Accept this trifling
present as an endorsement of our approval of the justice of the cause in which you
have volunteered, and of your bearing in the service of our common country, as man-
ly, brave, and patriotic. The war which you have generously volunteered to wage,
was challenged by acts the most ungrateful, bloody, barbarous, and brutal. Perhaps,
the kindness which the natives have received, at the hands of American citizens
on their way hither, has, to some extent, induced a belief on the part of the natives
that all the Americans are " women," and dare not resent any outrage, however
shameful, bloody or wicked. Your unflinching bravery has struck this foolish
error from the minds of your enemies, and impressed them with terror, and it is
for you and a brotherhood who will join you to follow up the victories so gloriously
commenced, until a succession of victories shall compel an honorable peace, and
ensure respect for the American arms and name.

We have not forgotten that the soul-sickening massacre and enormities at
Wiiiilatpu were committed in part upon our sex. We know that your hardships
and privations are great. But may we not hope, that through you these wrongs
shall not only be amply avenged, but also that you ir jcribe upon the hearts of our
savage enemies, a conviction never to be era.sed, that the virtue and lives of Amer-
ican women will be protected, defended and avenged b}- American men. The
cause which you have espoused is a holy cause. We believe that the god of Ijat-
tles will so direct the destinies of this infant settlement, that she will come out of
this contest clothed in honor, and her brave volunteers covered with glorj'. The
widows and orphans, made so by the massacre which called you to the field, unite
with us in the bestowment of praise for the valuable services already rendered by
you; and He who has already proclaimed himself the widow's God, Judge and
Husband, and a Father to the fatherless, will smile upon and aid your exertions.
Fight on then, fight as you have fought, and a glorious victory awaits you.

On motion, a vote of thanks was tendered Mrs. Hood for her unwearied exer-
tions in behalf of the suffering soldiers.

Mrs. E. T. Thurston, MRS. N. M. THORNTON,

Secretary. Ptesident.

Wii<i,AMETTE Valley, Oregon Territory.
' Response by Young Ladies, to the call of Capt. Maxon, for the Young Men

in the Army.
We have read with much interest the late report from the army, "d feel our-
selves under obligation to reply to the appeal made to us in that report. We are

1847

I 12, 1848.

II please ac-
forwardcd to
IS, excessive
lilts. These
•our services
irn with coii-
brother does
nice that our
ourniarches
ave endured
iblish undis-

eviuced the
L^ale the hor-
t this trifling
in which you
intry,asnian-
;red to wage,
al. Perhaps,
•icaii citizens
:)f the natives
Lge, however

this foolish
ror, and it is
so gloriously
e peace, and

normities at
lur hardships
these wrongs
hearts of our
ves of Ainer-
1 men. The
i god of bat-
1 come out of

glory- The
le field, unite

rendered by
d. Judge and
>ur exertions.
:s you.
wearied exer-

RNTON,
Picsident.

Young Men

1 1 feel our-
)ort. We are

1847

PROVLSIONAI, GOVERNMENT.

403

asked to "evince our influence for our country's good, by withholding our hands
from any young man, who refuses to turn out in defense of our honor and our
country's rights." In reply, we hereby, one and all, of our own free will, solemnly
pledge ourselves to comply with that request, and to evince, on all suitable occa-
sions, our detestation and contempt for any and all young men who can but zuill
not take up arms and march at once to the seat of war, to punish the Indians who
have not only murdered our friends, but have grossly insulted our sex. We never
can, and never will bestow our confidence upon a nnm who has neither patriotism,
nor courage enough to defend his country and the girls, such a one would never
have a sufficient .sense of obligation to defend and protect his wiKK. Do not be
uneasy about your claims, and your rights in the valley. While you are defend-
ing the rights of your country, .she is watching yours. You must not be discour-
aged, fight on — be brave — obey your officers, and never (luit your posts 'till the
enemy is conquered, and when you return in triumph to the valley, you shall find
us as ready to rejoice with you, as we now are to .sympathize with you in your
sufferings and dangers.

(Signe<l by fifteen young ladies.)

When the above proceedings of the meeting held at Oregon Citj',
and the addres.s of the young ladies were received at Fort Waters, a
meeting was held and complimentary resolutions were passed, but the
want of space compels me to forego publishing them.

The following ( without date ) by Capt. Maxon, explains itself:

Gen. A. A. Lovejoy :

Sir. The following was written for the express, but in the hurry and bustle
of business was omitted to be forwarded. To call the men (158) who fought in the
Tucanon and Touchie rivers brave were but common praise. Officers a ul privates
fought with unequaled bravery and skill. Captains Hall, Owens and fhompson,
behaved with all that deliberate judgment and determined bravery, that was
requisite to so hard fought, and long contested a battle. The incomparable ser-
vices of Sergeant-Major Rurch, Quartermaster Goodhue, Judge Advocate, Rinear-
son ; Quartermaster-Sergeant, Cook, and Paymaster, Magone, cannot be passed
unnoticed, and deserve their country's praises, Captains English and McKay
were not in the engagement. The latter being sick, the former returning from
the Touchie with the wagons and stock.

H. J. G. MAXON,

While the barque Anita was lying in the Columbia river near the

mouth of the Willamette, Gov. Abernethy sent Gen. Palmer with the

following letter :

Oregon City, April n, 1S48.
Dear Sir. Gen. Palmer intends leaving this morning for the Anita to pur-
chase a few blankets. We have but little monej-. We need clothing and blankets
very much. The men in the field are very destitute. I am certain you will let
him have them as low as \-ou can. If you could by any possible way give a small
portion of the U. S. property under j'our care to this Territory in the present dis-
tressed case, it would be gratefully received. Mr. McKinley said to a gentleman
ye.sterday : " You ask for clothing from us; here is one of j-our own vessels with
just the things you want ; why don't they help you ?" You mentioned in conver-

404

brown's political, history.

1847

sation, that perhaps you might be sent up to muster our troops into the U. S.
service to serve in Oregon. If this can be done, use your influence with Gov.
Mason to effect it. If we should be able to withdraw the most of them, we must
still garrison the posts, and protect the emigration as far as possible.

I am yours, &c. GEO. ABERNETHY,

Mai. J. A. Hardik, Gov. of (hrgon.

U. S. Army.

It may seem strange to some that Maj. Hardie could not i>sue to

the needy American citizens the camp and garrison equipage that the

volunteers so much needed, but the red tape system entirely prohibited

him as the following will show .

Bar(^ue Anita, April 12, 184S.

Dkar Sir. I have received by Gen. Palmer your favor of the i ith inst., and
take advantage of Gen. Palmer's return to Oregon City, to send you a line in an-
swer. I have no clothing of any kind on board the vessel ; and what campeciuip-
age I have on board, belongs to the United States Quartermaster Department, and
cannot be ^o/rf. I could not find niyself authorized to issue camp and garrison
equipage to the Territory, though I should be glad to afford any assistance to the
war in my power. Had I powder and lead or other ordinance stores, and the
danger to the Territory was imminent without such stores for immediate use, I
should not hesitate to take the responsibility of issuing them upon your requisi-
tion. I brought with me for the use of the men to be enlisted, 245 pairs blankets
to be delivered to them at government prices. They were put on board the barque
at the sole risk and responsibility of Mr. Edward Cunningham, a supercargo and
merchant on the coast of California, but at my request, it being my impression
that blankets were very high in Oregon and that if a volunteer ( receiving an ad-
vance of $21 to equip himself,) could purchase blankets at government prices in-
stead of the high rates of the country, it would be of great assistance to him,
and he would come into the service better equipped than under other circumstan-
ces. Getting no volunteers, I have sold for Mr. Cuiniingham ( to people who
would come on Vjoard to purchase ) a few pairs at the same price as for volunteers.
I imagine this is the cause of the impression which appears to exist abroad, that
government is selling or disposing of its stores, clothing, etc.

Did these blankets belong to government, I should be risking my commission
did I sell a blanket, except it be under instructions to that effect. Gen. Palmer
can explain the circumstances to you fully. I have sold to him a few pairs of
blankets at lower prices than the invoice which IVIr. Cunningham gave me war-
rants, and would gladly do more to forward the interests of the Territory were I
at liberty. I shall proceed immediately to Monterey to represent to Col. Mason
the state of affairs in Oregon, and feel confident that he will be disposed to send
ammunition and arms for the prosecution of your war. I need not say, that I
will ask him to send any assistance either in supplies, etc., or in officers and men,
that can be spared in California, or that he may feel authorized to send, or that
he may have what immediate relief the U. S. Government can furnish on this side
of the continent. Men cannot, I suppose be expected by you in the recent state
of the war in Mexico or California. Supplies can I think be spared.
I am with great respect,

To Gov. Abernethy.

'! ;(■

1 847

the U. S.
with Gov.
, we tmist

Oregon.

: issue to

that the

-ohibited

12, 1848.

linst., and
line in sin-
impe(iuip-
;nient, and
id garrison
mce to tlie
;s, and the
liate usu, I
lur requisi-
rs blankets
the barque
rcargo an<l
impression
ing an ad-
t prices in-
ice to him,
'ircumstan-
jeople who
volunteers,
broad, that

ommission

en. rainier

ew pairs of

ve me war-

ory were I

Zoi. Mason

ed to send

say, that I

sand men,

nd, or that

on this side

rceent state

1847

PROVISIONAL GOVKRNMHNT.

405

Col. Lee wrote the subjoined to Gov. Abeniethy on the eve of liis
departure for Fort Waters :

Portland, Orkoon, April 17, 1848.
Gov. .Ibernethy.

I thank you for your kindness of the favor just received, and the sentiments
of kindness and friendship expressed. I should have been pleased to have seen
you again, but we are getting on very well. Our recruits will not exceed 25(j.
Perhaps twenty-five of that number will want horses at The Dalles. Will you
order them mounted ? Three companies have been organized, the captains are as
follows : 1st, William P. Pugh, Champoegand I.iini counties ; 2d, J. W. Nesmith,
Benton, Polk, and Clackamas counties; Win. P. Martin, Yamhill and Tuality
counties. None of the.se companies consist of more than seventy men yet, though
it is said that some men have gone up by water without enrolling here. You will
receive full returns by Gen. Lovejoy. I merely write this for your own satisfac-
tion. I have written for Glenn Burnett to join us and serve as chaplain. He will
probably come to the city, and expect to reach me by water from that place.
Please assist him if you can, and be assured, I shall do all I can to terminate the
war honorably and speedily. Yours in haste. H. A. G. LP)E,

Col. ist. Reg. Ogn. Riflemen.

Capt. L. N. English after his return from east of the mountains did
not lose his intere.st in military affairs, but proceeded to organize com-
panies in Champoeg, now (Marion county), and when four were en-
listed, he was elected Colonel of the battalion. He had seen service in
the Black Hawk war before he came to this country. The following
is his letter to the Governor on the situation :

Champoeg, April 24, 1848.
Governor Abertiethy :

I have heard that you have some idea of ordering some men to nnge in the
upper country ; that is to say, in the Umpqua and through that con : r\ I think
it would be a good idea, as I have b ard that Mr. Simmons has been told that he
must leave or he would be killed, and that they had dnven off his stock, and that
other farmers had left their farms. There were three Molallas stopped at my
house last night, and they said that the Klamaths had gone to see some great
chief to get him to help fight the Bostons, and if he woidd help, they would come
in at the head of the valley, and commence on the frontier. If you want any men,
please let me know, as there are four companies organized in this county, and for
want of a better man, have elected me colonel. It is the opinion of a majority of
the citizens, that we had better keep a good look out and range the upper country.
It is my opinion that you had better order out fifty men to range the upper coun-
try, and find themselves. vSay fifty men on this side ( east ), and the same above
the Santiam ; and twenty-five on the other .side ( west,) of the Willamette, and in a
short time, we could discover their movements. Please let me know if this meets
your approval — how many men — and how long you would want them to stay out.
I do not wish to do anything without your approval. Yours truly,

L. N. ENGLISH.

Col. Lee when he arrived at Fort Wascopam, wrote the following

4o6

bkown's politicai, history.

IS47

in which he indicated the action he afterwards carried out in regard to
resigning his commission as colonel in favor of Lt. Col. Waters.

FoKT V\ ASCoi'AM, May 3, 1S4H.
Go2\ Abernethy :

Dkar Sir. Capt. McKay i? onlcred to report liiinst-lf and company to the
Adjutant General at his olfice it Orci^on City. This course has been taken in
order to save theni from the evil cor..»e(juet'i.'es to the service under a furlough. It
is understood that C'lpt. McKay is wiUiiij^ to return with the cattle that the Com-
missary intends sending up, should they wish his company for that service. Should
they wish to cpiit the service, a <lischarge by ])roclaniation would be better than
a furlough. Of this however, you are the judge, as they await your orders.

We leave in a few days for Fort Waters. 1 have learned nothing special, save
that the friendly Indians were living near the forts. One of Capt. Maxon's men
was severely hurc by a fall from a horse. I must refer you to Gen. Ivovejoy for
information as to our camp, etc. I will only say that I am doing the best I can
under the circumstances, and will continue to do so until I reach Col, Waters,
when I will, as I have all the time intended, lay my commission at his feet and
beg to be excused from further supreme io>ntnand. I hope you will avail yourself
of every opportunity to communicate any information of interest. Luxillo in-
forms me an Indian named TuUahiouit took a white horse from The Dalles, h.,
thinks it belonged to some American. Yours trulv, H. A. G. LEE.

Col. /St. R. O. A\

Rev. Wm. Roberts furnishes the following to the Spectator en
his return to Oregon City, from a trip up the Willamette valley :

May 4, 184S,
I have just returned from an excursion up the valley. When a few miles this
side of Mary's river on Monday last, we were overtaken by a party of ei^ht men,
under the direction of Mr, John Saxton, just arrived from California. They were
fifteen days from the last settlement on the Siirramento, to the first in this valley,
traveling the old California trail. There was no snow on the route. They started
with about 100 horses, and were unfortunate enough to have sixty-five taken from
them in open daylight by the Rogue River and Klamath Indians, assisted as the
company think, by some Molallas from this valley. The Indians were very trouble-
some, firing on them for one entire day, and using every possible stratagem to
intercept, and cut them off at each of the narrow passes along the road. None of
the men were injured except Mr. Girtman, who was shot in the thigh by the ac-
cidental discharge of his own gun at the crossing of Rogue River. With some
difficulty he was brought on to the settlement and left at the first house. It is
deeply regretted that the Indians were so successful in getting the horses ; they
also captured two fine jacks, and the impression of the company, that s6me of the
Molallas were assisting, looks rather ominous.

Fort Waters, May 14, 1848.
Gov. Abernct/iy :

Dear Sir. The recruits arrived at this place yesterday, ten days from Fort
Wascopar.1, all in good health and spirits, though much fatigued and a little thin
from living on bread alone most of the way up. I find the troops here in general
good health, save one or two cases. Benj. Ford, private in Maxon's company, died

1847

regard to
irs.

3. 1848.

)any to the
11 taken in
iirloitgh. It
[it the Corn-
ice. Should
better than
ilers.

ipecial, save
ixon's men
Ivovejoy for
; best I can
^ol. Waters,
lis feet and
•ail yourself
Luxillo in-
i Dalles. L.,

. LEH.
Ji. O. A\

:tator en

lley :

y 4, 1848.

\v miles this

cl^ht men,

They were

this valley,

rhcy started

taken from

sisted as the

ery trouble -

tratagem to

d. None of

h by the ac-

With some

house. It is

lorses ; they

: sdme of the

.' 14, 1848.

ys from Fort
a little thin
e in general
mpany , died

1847

PROVISIONAL GOVKRNMKNT.

407

!i:

on i2ih insl., of inflammation of the bowels, .said to have been brought on l)y taking
cold while laboring under !in attack of tiieasles. In accordanci- with my (l<"ter-
minaticm at the time I accepted the appointment as Colonel of the regiment, 1 noti-
fied \.i. Col. Waters of the tender of my resignation as such, which I did with much
pleasure. The more so, because I found the regiment umler his iKfininislnition
greatly improved in every way — indeed quite reformed. He has shown himself
fii'iiy competent to command a regiment in j^atfisoii at lea.st, and I doubt not in
the field. To i)revent a rupture in the regiment, I have consented to serve as l.t.
Col., and am hit^jpy to say that all now sccni contented.

I find some Nez Perces here anxiously awaiting my arrival. They wish me
to say who shall take the place of blllis. I have said to them it would be good for
them to choose the man, but setting they wished me to speak first, I named Rich-
ard to take Ellis's place, and Meanway to be war chief, but told them they must
consider on it, and if these did not suit them, they should name such as would,
and I would consider, that we must be united on tin ,ul)ject. They are now con-
sidering the matter, and I will speak with them again to-day. Some of them vol-
unteered their services with us in the war, which we will certainly accept, as it
will at once <lraw a line between them and the Cayuses. I have called for the
Walla Walla chief and the Cayuses, they have come. Yellow vSer^xtnt iirst. I
called him to account for his improper talk to Mr. McBean and others during my
absence, etc. He sweated freely under my lashing, owned a part and denied a
part. I spoke sternly and mentioned all I had heard against him ; and when I
saw that he felt sore and perhaps a little frightened, I treated him well, but still
held him smarting under it. At my reque.st to see him, Tootnay ( Young Chief,)
came. I took a more rigid and stern course with him than I had done with the
other. He acknowledged my talk was just, and expressed great .?//«;«<? for having
taken so foolish a course. I told him, and all who are present, that we were
bound to hold the country until the murderers: were punished ; the stolen property
returned, and that destroyed paid for. Then asked them what they were going to
do ? Whether they would try to settle this matter and let us go home to our busi-
ness and leave them to theirs. Or, would th .-y hold ofT, as they had done, and leave
us here to hold their country with our guns, always ready to fall upon them ? Re-
quested them to consider it well, and let me know what they would do as I had
told them what we were going to do. They are now sweating under it. I also
showed them the bill of articles at this place and those taken from emigrants
along the river, as also at Barlow's gate, and told them we would forget nothing.
Walluptuleekt is a prisoner at this place. I sent for and have just received a bill
of articles delivered by him to McBean, but have not time now to copy it. I will
have a settlement with him before we will let him out.

An express arrived last night from the Spokane country, consisting of one
white man, Mr. Montgomery, one Coeur d'Alene chief, eight Spokanes ( chiefs and
principal men ) and a Palouse chief; eleven in all, bearing a letter from Rev.
dishing Eells. All well. The Indians are ready to assist us. Telinquoite isin the
Palouse Country, but the chief wishes to get rid of him. I beg to refer you to the
news communicated by others, as I am too hurried to write more at present.
With great respect, H. A. G. LEE,

Supl. I. A. of O. T.

Fort Waiilatpu, May 14, 184S.
Gov. Abcrnethy :

Sir. Among the public documents and papers recently committed to my
care, I find a commission to myself as Adjutant of the ist Regiment of Oregon

¥\

I 1

iiii

408

brown's politicai, history.

1847

Riflemen. Col. Waters having accepted the chief command, I have no further
use for tlie document; it being his right and duty to appoint his own Adjutant.
The commission is hereby transmitted. .

P. S. — Our enemy is where we left them. We have 450 men here now, and I
suppose will set out immediately in . pursuit. Walluptuleekt and some other
rogues are prisoners here. Two Spokanes came in last night; say they know
where several of the murderers are and will help to get them. Ellis is dead and
the Nez Perces want to join us. I think with proper cure and management, the
war can be speedily closed. The men wish very much to get home by harvest,
and I would like very much myself to lean back under the cool shade in the val-
ley on the 4th of July and talk about American Independence. C. W. C.

The following letter from Col. Waters will explain itself:

Fort W.\TERS, May 14, 1848.
Gov. Abernethy :

vSiR. Col. Lee arrived at this post on the 9th inst. , having come in advance
of the main party from John Day's river for the purpose of holding a council with
the Nez Perces wlio had been waiting his arrival for some days, and had finally
concluded with my consent to send an express afterhim, to reach thisplace three
days in advance of the main body. I had supposed that he would assume the
command of the army as a natural consequence from what liad transpired in the
lower country and e.xpressed myself accordingly to that officer. He recjuested me
to remain in my present situation until the party arrived ; I consented. They
reached here on the 13th inst., and to my surprise he submitted to my perusal
the tender of his resignation as Colonel of the regiment, reqviesting me to
forward the same to you at the earliest opportunity. His reasons were
frankly stated, and after pledging me his sincere friendship and assistance in
any and every form that might be con(iucive to our country's good, I con-
sented to act in the capacity of Colonel. The officers were unanimous in favor of
Col. Lee acting as Lt. Col. of the regiment, and he most cheerfully consented to
serve them. The regiment was called together, when Maj. Magone stated the pe-
culiar circumstances under which Col. Lee accepted the appointment and called
for an expression as to whom should fill the office of Lieutenant Colonel, when
the regiment answered with one voice Col. Lee. This movement was highly
gratifying to my feelings, and with such assistance, I expect to accomplish much
for my country's good.

Some of the Nez Perces have already proffered us their assistance to bring
the murderers to justice, and we are also credibly informed that a portion of the
Spokanes will lend their aid. Teloquoit and party are said to remain in the vicin-
ity of the Palouse river, and if it proves true, there can be but little doubt of our
success in capturing them. The friendship of the Indians increases with our num-
bers. Yet I feel no hesitation in giving it as my opinion, that we have a suffi-
cient force to accomplish everything that might be reasonablv expected at our hands
and rest assured that no time shall be lost in efi"ecting the one great object of our
mission.

1847

e no further
■n Adjutant.

: now, and I
some other
T they know
is dead and
jement, the
by harvest,
e in the val-
C. W. C.

14, 1848.

: in advance
:ouncil with

Jiad finally
; place three

assume the
pired in the
^ijuested me
ited. They

my perusal
ting me to
asons were
.ssistance in
3od, I con-
5 in favor of
onsented to
atedtlie pe-

and called
onel, when
was highly
plish much

ice to bring
rtion of the
in the vicin-
3ubt of our
'h our num-
lave a surti-
it our hands
l)ject of our

1847

PROVISIONAI, GOVERNMENT.

409

The health of the army is generally good. We are making all due prepara-
tions to move to the scene of action. The boys are in iine spirits and eager for
the march.

The following letters written by Mr. Craig, and Mr. Taylor, will
prove of interest. Mr. Craig had lived for some years among the Nez
Perces and had great influence among them.

Fort \Val,i.a Wai.la, May 16, 1848.
Dear Sir. The Little Chief of the Nez Perces, has come from the mountains
and joined the army with five other Nez Perces, and we are preparing to march
after the Caj'uses. Old Lookingglass says that a great many more of the Nez
Perces will join the army. They all appear anxious that the murderers rhould be
taken. Col Waters will take a part of the army, and I^t. Col. Lee the other part,
and proceed after Telokite. Yours, &c. WM. CRAIG.

ForT Wai,i.a Waij^a, May 29, 1848.
Geu. A. L. Lovejoy :

Dear Sir. I have just time to drop you a line by Father Goset. I arrived
here as he was on his horse, leaving for the valley. The army of 400 men are yet
out in the Nez Perces country, gathei-ing up the stock of the murderers, who have
all fled leaving their country and stock, so says Indi: 1 report. A part of the army
is following on after the murderers in hopes of overtaking them. The murderers
have fled towards P'ort Uoise, or Fort Hall, but th' _,• have left their stock and fam-
ilies, there is no hope of overtaking them. Yo.mg Chief says that his brother
Five Crows, is going to give himself up, and be tried by our laws in the valley.
Five Crows has got well and is about the Grande Ronde. Tarn Suckie is near Fort
Boise where some of the other murderers have made for. We look every day now
for a part of the army in at the fort, with the stock taken, and feel in hopes that a
majority of the men can leave in time to get home and attend to the harvest.
Nothing but the iiumlier of men that came up here quelled the Indians into sub-
mission, as they heretofore have had no idea of the force and resolution of the
Americans. And it is believed, it will have a great influence over all the tribes up
here, as all are suing for peace. Yours truly. J. TAYLOR.

N. B. All the above are Indian reports.

Immediately on receipt of Col. Lee's letter of resignation as Colonel
and his election as Lieut. Colonel to maintain harmony, the Governor
forwarded to him his commission accompanied by the following letter.

I- -•.

:;M|.:

4IO

brown's political history,

1847

i' i'

Orrgon City, June 5, 1S4S.

Sir. I received yours of 13th and 14th of May ; the former tendering your res
ignation of the office of Colonel of the First Regiment of Oregon Riflemen, which
has been accepted, and your commission as Lieut. Colonel will be forwarded by
the .Vdjt. Gen. I have written to Col. Wat^-.^ to hold a council with you, and de-
cide upon the number of men that he requires in the upper country. I presume
from your letters which are highly satisfactory, Lhat before this reaches you, all
that can be done by the troops will have been accomplished.

Captain' Felix Scott goes with one company to meet the emigrants on the
southern route. Should you go out to meet them on the northern route, I think
it advisable to go with a small party and as far as the Narrows in advance of the
main party, and if Tam Sukey is there secure him, and while the main body of the
army is at Fort Waters, make your treaties with the Indians, and get the chiefs to
promise to use all their influence to protect Americans traveling through their
country. Mr. Spalding has applied to me for permission to return to The Dalles.
I have told him I could not give my perm: sion until this matter was fully settled.
I understand the Catholics have gone up as far as The Dalles. I dc not know as
I can give you any atlvice as what is best to be done, and the best way is to leave
it to your judgment. I think everything is going on well. A report has reached'
us that the Hen.y is in the river, I did riOt credit it, but find that she is in. To-day
the election for representatives to the Legislature is held. I send you the papers.

Yours with respect, GEO. ABERNETHY,

Lt. Col. H. A. G. Lek, Gov. of Oregon.

Supt. I. A. of Oregon.

Mr. C. E. Pickett, at this time living in California, who formerly lived
in Oregon, wa.s written to by Gov. Abernethy, to use his influence with
the American Commodore, Thos. Aple Jones, who had relieved Com.
Shubrick, and was replied to in the following. It seems that the U.
S. Government was more interested in prosecuting an unjust war for
political purposes against a weaker nation, than rendering aid to her
own distressed people ; but the inhabitants of Oregon were becoming
accustomed to such treatment :

Flag Ship Ohio, Mazatlan Roads, Mav 24, 1S48.
Mr. C. E. Pickett:

Sir. Yours of April 25th, enclosing the copy of one from Gov. Abernethy of
Oregon to j-ou, was duly received by the brig Henry. I am truly sorry to hear of
the massacre of the missionary family and the outbreak of the Indians in Oregon.
But be assured sir, if I had any sort of vessel at my command, that nothing would
afford me higher gratification than to dispatch her to the Columbia river, but the
return of two of the ships home, just before my arrival here, and the detaching
of the third to the East Indies by order of the Hon. Secretary of the Navy, as also
the absolute necessity of sending home two others, leaves me only three to hold
Mazatlan and Guaymas — taken possession of by Commodore Shubrick — and for all
other purposes of war on this extended coast. The treaty of peace is not yet rati-
fied by the Mexican Congress, nor is it by any means certain that it will be, con-
sequently I am much embarrassed by that uncertainty. I am expecting more ves-

If V 11

1847

ine 5, 1S4S.

;ring your res

lenien, wliicli
forwarded bv
you, and de-
. I presume

iclies you, all

grants on the
oute, I think
Ivance of the
n body of the
the chiefs to
hrough their
) The Dalles,
fully settled.

not know as
ay is to leave

has reached
5 in. To-day
1 the papers.
JTHY,
if Oregon.

merly lived
uence with
ieved Com.
that the U.
List war for
aid lo her
; becoming

' 24, 1S4S.

.bernethy of
ry to hear of
s in Oregon,
thing would
ivcr, but the
le detaching
favy, as also
iree to hold
— and for all
not yet rati-
^ill be, con-
g more ves-

1847

PROVISIONAL GOVERNMENT.

411

sols from the United States in the coming summer. If they arrive, I shall dispatch
one to Oregon. Please forward a copy to Gov. Aberncthy, and oblige yours truly.

'>V- -?--«»''*-€

It will be remembered that the Legislature shortly after the news
of the Whitman massacre, appointed a committee of three to write a
letter to the U. S. Commissioner at Honolulu, for such aid as he could
render or influence to be sent to suppress the Cayuse Indians. Judg-
ing fiom the letter written to the Commodore of the Pacific squadron
either this committee or some one else h.. I written some very alarming
letters, and caused our worthy U. S. Commissioner a great amount of
uneasiness. The following are the letters :

Office of U. S. Commissioner, \
HoNOi,ULU, June 6, 1.S48. 1
Sir. Enclosed I forward you a letter I have just written to Com. Jones in ref-
erence to affairs in your Territory. You will oblige me by keeping me advised of
the progress of events, and I may be able to render you assistance. Yoms resp'tly.
Hon. Geo. Abernethy, A. TEN KYCK.

Gov. of Oregon.

(COPY.)

Office of U. S. Commissioner |
Honolulu, June 5, iS48.|'

Sir. Information upon which I think I may rely, induces the opinion, that
the presence of one or more sloops-of-war, at this time, is very desirable, if not
actually necessary in the Columbia river. You are undoubtedly aware of the out-
break amongst the Indians against our countrymen and the organization of armed
volunteer forces under the authority of the Provisional Government of Uie Territory,
and that these have for sometime past been actually engaged in driving back the
savages.

You arc not probably aware of the bad state of feeling existing in the country
between our citizens and the factors, agents, &c., of the Hudson's Bay Company.
The latter are accused by our citizens of furnishing arms, and ammunition to the
Indians and otherwise countenancing and aiding them in their hostilities towards
the American settlers. The rumor is, that a portion of the volunteer forces on sat-
isfying themselves that the Indians had received amnmnition from one of the Com-
pany's forts above Vancouver, attacked and took it, and even threatened I'ort Van-
couver itself. That an angry correspondence between Gov. Abernethy and Mr.

412

brown's political history.

1847

f H

Douglas, one of the Company's Chief Factors had taken place. That Mr. D., had
written to the Company's agent here, and to the English Consul General, for the
dispatch to the river of an English man-of-war, and that the Consul General, only
waited an opportunity to write the English Admiral at Valparaizo on the subject.
I may add our people are very poor, and are much in need of arms and ammuni-
tion, and are much alarmed. Having good reasons to credit these rumors, I do
not hesitate to request that j-ou lose no time in dispatching such force as you can
spare from the squadron, and as the exigencies of the case may seem to require to
the Columbia river. I have of course forwarded a copy of this letter to the State
department. Yours very respectfully.

Com. Thos. Apcai.esby Jones, A. TEN EYCK.

Commander-in-Chief. &c.

To the above, Gov. Abernethy wrote the following reply to Mr.

Ten Eyck :

Oregon City, July 10, I8.JS.

Sir. I received your esteemed favor of 6th ult., per ship Eveline, together
with a copy of yours of 5th Juno to Commodore Jones, for which please accept my
thanks. I wrote Commodore Shubrick on the same subject requesting him to
serd us a man-of-war, but have not yet heard from the Commodore. We have in
a measure got our difficulties settled. The murderers have fled from the country ;
the neighboring tribes profess friendship and have sued for peace. Our little army
has therefore been disbanded, leaving only a few men at the two forts, to hold
them until the troops of the United States arrive to relieve them. I am in hopes
. that will be this month or next.

The presence of a man-of-war in our river this summer with the understanding
among the Indians, that it was in consequence of the murders committed by the
Cayutes would have a good effect on all the tribes of this country, as far as Amer-
ican citizens are concerned, and I therefore feel under great obligations to you for
the active part you have taken in our behalf. vShould a sloop-of-war be sent this
summer, we shall feel that we are not entirely neglected by our Government.

In your letter to Com. Jones, you speak of the bad feeling existing between the
Americans and the agents of the H. R. Co. That the latter furnished ammunition
and arms to the Indians. That the volunteers had sacked one of the Company's
forts ; and an angry correspoudance had been carried on between Mr. Douglas and
myself. I feel it my duty to correct these reports.

The Company did not render us that aid which we expected to receive in the
way of a loan, refusing any money on the credit of the National Ciovcrnment, and
giving as a reason, that they had orders from home to give no credit. They how-
ever advanced us means on individual ])aper to some extent. Reports were preva-
lent here that the volunteers intended to make an attack on \'ancouver. They
feared it would be so, and Mr. Douglas wrote so, expressing his fears, but on my
reply informing him that nothing was in contemplation, with which he expressed
himself fully satisfied. All of our correspondence has been of a friendly character.

With regard to furnishing amnmnitiou to the Indians, Mr. Ogden on his way
up to rescue the prisoners, gave powder and ball to the Indians for the passing of
his canoes. This was their former custom, and he says, he did not wish to excite
any suspicion in their minds, for fear it might defeat his -object. I think it very
likely our efforts to punish the Indians will have a dileterious effect on the H. B.
Co., with the Indians. They have looked upon them as the most powerful people
in the country, and on the Americans as women, perhaps they have been told so.

Wm^.

■ i«47

t Mr. D., had
meral, for the
General, only
n the subject,
and animuni-
: rumors, I do
ce as you can
to require to
r to the State

SN EYCK.

eply to Mr.

ily lo, 18.J.S.
H7ie, together
ise accept my
esting him to
We have in
the country ;
)ur little army
forts, to hold
I am in hopes

nderstanding

iiitted by the
far as Amer-

)ns to you for
be sent this

erument.

between the

ammunition

e Comjjany's

Douglas and

:ceive in the
•riiment, and
They how-
were preva-
luver. They
■s, but on my
le expressed
ly character.
1 on his way
le passing of
ish to excite
liink it very
)n the H. B.
■erful people
)cen told so.

1847

PROVISIONAL GOVERNMENT.

413

There is a probability that by this time their opinions are a little changed. They
see that the Americans are able and willing to punish them if they wrong them ;
and I am in hopes this knowledge will be beneficial to them and us. Hut we have
no assurance that peace will continue one month, and we therefore look anxiously
for the protecting arm of our Government to be extended over us. With many
thanks for your kindness. I have the honor to remain yours truly,
Anthony Ten Eyck, b;s(2., GEO. ABERNETHY,

U. S. Cotnmissioner, Honolulu Gov. of Oregon.

Commis.sary's Ofvice, \
Oregon City, June 4, 1848. )
Gov. Aberneihy :

Dear Sir. I have just been informed by the Loan Commissioners, that they
have no funds on hands to meet the expenses of this department ; and as there are
many liabilities already contracted, and others daily accruing without the means
of liquidating them, it will be impossible to carry on operations, unless measures
be taken to meet those liabilities and supply the army with food and clothing.
An impression seems to be entertained by many that there is no longer any neces-
sity for keeping the army in the field. But whether this be a correct conclusion
or not, it is not my purpose to inquire. It is only necessary' to say that it operates
very materially against raising means to supply the army. In absence of all other
funds and the decision which the Loan Commissioners have made, that they are
not authorized l)y law to execute bonds for such debts as this department may con-
tract, places it entirely beyond the power of the Commissary to furnish the army
with its pressing wants. Yours truly.

Commissary's Office, June 17, 1848.
Gov. Abernethy :

DERr Sir. On my way to Mr. McSwain's this morning, I met Mr. Casidson, the
bearer of dispatches from Col. Waters to the war department, informing us that
the troops would reach the Clackamas on the 21st, and they would halt at or near
McSwain's until further advised. A part have already reached the ground desig-
nated; among the number is Col. Lee. A party of fifty men has just arrived in this
city, two-and-a-half days from The Dalles by river conveyance. Twenty-five or
thirty will be here to-morrow. The regiment will be at the Clackamas to-morrow
evening. All hands seems to be anxious to get home. The officers seem to have
but little control over the men. They have apparently become perfectly reckless,
and will leave camp regardless of con.sequences. I'nder such circumstances, it is a
question, whether it would not be advisable to discharge them at once. If your busi-
ness at the Institute' is such that you cannot return immediately, I would suggest
whether you would not appoint some person to nmster the troops out of service.
I have sent four barrels of Hour and made arrangements for beef to supply the
troops. The H. B. Co.'s boat Cowlitz arrived at Vancouver this morning ; we
have not heard whether she brought any important news or not. Messrs. Snook
and Fleming are among those who came by boat. Cc^s. Waters and Jennings will
be here to-morrow. Yours truly, JOEL PALMER.

I Now Willumette University, Salem. Gov. A. w.is cue of the directors.

414

brown's political history.

1847

On Col. Lee's return to Oregon City from the seat of war, he wrote
the following letter that will explain itself and shows the unselfish
generosity of the man ;

Oregon City, June 24. 184S.

Dear Sir. Haviujr fulfilled my promise to Col. Waters, and to the ofliccrs
and men of the regiment, in accompanying them through the late campaign, I
consider myself released from any further military connection with the regiment,
that connection having expired by limitation on our return to Fort \Vci..rs. Con-
sequently,.! there withdrew from the regiment.

On the road from that place to Fort Wascopam, met a commission filled out
for myself as Lieutenant Colonel. This doubtless grew out of a misunderstanding
of the consent I gave to act as such for the time. When I resigned my commission
as Colonel, I believed I was only yielding to another, what I knew he con.sidered
his rights, and my consent to fill an office under him was purely from a wish to
preserve peace, friendship, and good feeling in the regiment until a last efibrt
should be made to punish the enemy, and not to gratify any ambition to fill an
office. In resigning the former office, there was no sacrifice ; but on the contrary',
a high degree of pleasure. In submitting to the latter, though temporarily, I
confess, there was a sacrifice required. It was made as long as necessary to the
success of the campaign. With the necessity, my obligations expired. With high
sense of obligation and duty to the community, and a sense of gratefulness to your
Excellency, I beg leave to decline the proffered honor. You are aware that no
election in the regiment to fill that office could be legal, while there was no vacancy,
even if the appointing power had been vested in the regiment So that all I did in
that capacity was by mutual consent, and not legal authority.

I remain yours truly, H. A. G. LEE.

Gov. Abernethy.

Lt. Col. L,ee, Supt. of Indian Affairs, wrote the following in regard
to the rewards offered for some of the murderers :

Oregon City, June 24, 1848.
Gov. Abernethy :

Sir. Inclosed is a letter from Wm. McBean, chief trader of the H. B. Co., at
Fort Nez Perce, containing some intelligence relative to Indian affairs, which may
be read with some interest. In connection with the transaction reported in that
letter, allow me to say that a reward of fifty blankets has been offered for the cap-
ture and delivery of any one of the principal murderers — such as Telowkoikt, Tam
Sucky, and others, or half that amount for their scalps ; and twenty-five blankets
for any one of the common men concerned in the massacre. This reward was of-
fered upon the faith of a subscription, which was gotten up in the regiment, after
it was resolved that it was useless for the regiment to pursue the flying enemy far-
ther. The fact that such a reward was offered, was not known to Serpent Jaune
at the time referred to in McBean 's letter. But I am happy to say, it was known
to the Nez Perces, and favorably considered by them ; and that I have good reasons
to believe, that some of the most influential men amongst them are now laboring
to gain that reward. '

I There was also a subcription paper circulated in the Willamette valley offering a reward for
the capture and deliverv of Teloukaikt and Tam Sukie, dated at Oregon City, May 23, 1848, and
signed by eighty-eight citizens, who subscribed merchandise, $132 ; eighty-four blankets at J5 each

tisiiiSiaiis

i847

1847

PROVISIONAL GOVERNMENT.

415

ir, he wrote
tie unselfish

le 24, 184S.
.0 tlie ofliccrs
campaign, I
the regiment,
►Va^.rs. Con-

sion filled out
imderstanding
ly commission
he considered
rom a wish to
1 a last effort
ition to fill au
1 the contrary,
xmporarily, I
cessary to the
i. With high
ulness to your
aware that no
as no vacancy,
hat all I did in

\. G. LEE.

iigin regard

le 24, 1848.

: H. B. Co., at
■s, which may
jorted in that
d for the cap-
awkoikt, Tarn
-five blankets
jward was of-
egiment, after
ng enemy far-

erpent Jaune
it was known
; good reasons

now laboring

ing a reward for
tlay 23, 1S4S, and
iiikets at $5 each

Permit me to say, for the information of all concerned, that it is desirable that
the peace of the country should not be endangered by missionaries expositfg them-
selves to the fate of our esteemed and lamented friends at Waiilatpu. In accord-
ance with this desire, an opportunity was offered Revs. Eells and Walker of making
their escape from the casualties of savage treachery, un awed by efficient military
protection ; and I am truly glad that they improved that opportunity and are now
safely\ and I hope pleasantly enjoying the society of friends in this city. Upon
the same principle, a note was dropped to the Rev. Fathers as I passed Wascopam,
a copy of which I enclose. Respectfully, IL A. G. LEE,

Supt. of fndian Affairs.

Fort Wascopam, June 15, 1848.
Rev'd Mkssikurs. As Superintendent of Indian Affairs, it becomes my duty
to inform you, with all due respect to your sacred calling, that it is desirable, no
further missionary effort should be made with any Indians east of the Cascade
mountains, until the presence of well organized and disciplined troops under com-
mand of United States officers, shall render such efTorts safe and judicious. At
present, the relations between the whites and Indians are too precarious to allow
missionary labors with the Indians to be either prudent or effective of good. So
soon as circumstances will allow, I shall take pleasure in throwing open wide the
door of missionary labors amongst the natxvGS, to all Cfiristian missionaries; at
present, prudence demands that it should be closed againt all. I have the honor
to be, &c. H. A. G. LEE,

To Mkssikurs Blanchet. Supt. Indian Affairs.

Fort Nez Perce, June 4, 1848.
Dear Sir. I lose no time in communicating with you, as I am just put in
possession of information which is of great importance to you all, and which I be-
lieve to be correct. Patatis or Pierre, who is encamped about seven miles up the
Columbia, with a small party of Walla WaDas, curing salmon, was sent to me by
Serpent Jaune, to inform me that, as soon as he reached the Yakima, a day's march
from here, he fell in with one of the nmrderers, whom he got tied by his young
men and hung on the spot. He then started in search of another one by the name
of Thomas — he who killed the American who attended the grist mill. He was
said to be a short distance up upon another riyer. But as Serpent Jaune sent his
Uicsseuger when starting to go after him, I cannot say what may be his fate. From
this information, you will be the best judge, whether you should send a party im-
mediately to assist Serpent Jaune, in case this Thomas might be protected by
others. Depending on Patatis more than on Serr.;nt Jaune, I believe the report to
be correct, and that there is no treacherous aesign in it. The good opinion enter-
tained towards me, by the officers and '.nen, is certainl}* flattering, and through
you, I beg to express my humble, but sincere acknowledgements to them, and
tiust that my conduct will be so regulated as to merit a continuation of the same, I
feel particularly thankful to you and the Doctor for the anxiety evinced in regard
to my health, and that of my family. It is merely a cold with which we have been
troubled. Yours truly. WILLIAM McBEAN.

Quartermaster S. H. Goodhue.

— 1420; 114 shirts at $i,— total $666. Thissubscription wassent up to Fort Waiilatpu and expended a r.
directed by Col. Lee and very materially helped in the object desired. I would like to publish the
names, as quite a n\imber of them occupied conspicuous positions at that time, but the waut of space
obliges me to forego that pleasure.

■*"&-■!

4i6

brown's political history.

1847

The following is the scheme of Col. lyee to enlist enough men to hold
Fort Waters until they were relieved by U. S. troops which were ex-
pected to arrive across the plains. But this again proved hope against
hope, as none did arrive that year. But the letter is inserted, and fol-
lowed by another addressed to the editor of the Spectator, which will
explain the subject more clearly.

Oregon City, June 29, 1S48.

Dkar Sir. Having recently taken an important step, about the legality of
which I have some doubts, I beg to submit the case to your Kxcellency, and ask
some expression upon it. On the return of the regiment from the Nez Perces
cou:?try to Fort Waters, and previous to a detail of men being made to hold that
post, a council'of officers was called by request of some of the Captains, as I be-
lieve from Col. Waters. The following officers were present : Col. Waters, com-
manding, Caotains Hall, Owens, Maxon, Thompson, Martin, Pugh, Nesmith, Bur-
nett, and Sha V, myself as Superintendent of Indian Affairs. In this council the
question arose, " Shall we hold Fort Waters ?" After some discussion, a vote was
taken which resulted as follows, yeas five, nays si.^c, — lost. The question being
decided in the negative, arrangements were made for the immediate abandonment
of the fort. I then requested that a call should be made for volunteers, which was
afterwards ordered, but again countt-i manded, and preparations made for all hands
to leave. Knowing that such a step would be yielding up the little advantage we
had gained over the enemy, and believing it would be, not only a violation of gen-
eral orders, but a matter of disappointment to the people in the valley, I resolved
to make one more effort, independent of the voice of the council. To make this
effort successful, I found it necessary to pledge myself to some responsible men,
that I would give them a written authority to colonize the country immediately,
securing them as far as in my power against future treaty stipulations prejudicial
to their interests. This pledge was accordingly made in good faith to Capt, Philip
F. Thompson, of Yamhill, Mr. James Taylor, of Clatsop, and their associates. A
call was then made for fifty volunteers to remain until September 15th, next, with
a promise from Capt. Thompson, that he would return by that time with families
to settle the country. I am truly glad to say that this offer proved successful, and
more than the required number of volunteers were obtained.

The point upon which I wish an expression is the legality or constitutionality
of my granting such authority. Of its expediency and utility, I have no doubt.
If the course to which I am pledged, be not a violation of any law, or anj' princi-
ples of our organic compact, will you sanction the proceedings, and give to the
promised instrument the benefit of your supervising counsel, as well as, the force
of your approbation ? Your obedient servant. H. A. G. LHK,

To His Excellency, Supt. Ind. Affairs.

Geo. Abernethy.

[ For the Spectator. [
Mr. Editor. The within is intended for publication, and in connection with
it, I should be pleased to say, for the information of any who may wish to join the
Colonizing Compau} , that there are now, in the Cayuse country, grist and saw
mills, blacksmith's anvils and bellows, with some tools, a quantity of iron, plows,
harrows, hoes, a crop of wheat, peas, potatoes and corn ; with almost every con-
venience and facility for forming a settlement. These, in connection with the su-
perior and peculiar adaptation of that section of the country to the growth of wool.

ii^B

Wki

1847

net! to hold
h were ex-
Dpe against
ed, and fol-
which will

le 29, 1848.
le legality of
:ncy, aud ask
e Nez Perces
s to hold that
;ains, as I he-
Waters, com-
^esmith, Bur-
is council the
>n, a vote was
uestiou heing
ahandonmeut
rs, which was
! for all hands
advantage we
jlation of gen-
ey, I resolved
To make this
ponsible men,
I immediately,
IS prejudicial
Capt. Philip
issociates. A
th, next, with
with families
Liccessful, and

stiiiitionality
ive no doubt.
3r any princi-
d give to the
as, the force
LEE,
id. Affairs.

tiucction with

sli to join the
rist and saw

f iron, plows,
st every con-
with the su-

owth of wool,

1847

PROVISIONAL GOVERNMENT.

417

raising of horses and cattle, hold out inducements to the husbandman not equalled
by any portion of the Willamette valley ; while the climate, for health, and the
scenery for beauty, cannot be excelled by any spot on earth.

Respectfully, H. A. C. LEIC.

In consideration of the barbarous and insufferable conduct of the Cayuse In-
dians, as portrayed in the massacre of the American families at Waiilatpu, and the
subsequent course of hostilities against the Americans generally ; and with a view
to inflict upon them a just punishment, as well as to secure and protect our fellow-
citizens, immigrating from the United States to this Territory, against a course of
reckless aggressions so long and uniformly practiced upon them by the said Cay-
use Indians.

After consultation with his Excellency, Geo. Abernethy, Governor of Oregon
Territory, and with his advice and consent, I, H. A. G. Lee, Superintendent of
Indian Affairs, hereby declare the territory of said Cayuse Indians forfeited by
them, and justly subject to be occupied and held by American citizens, resident in
Oregon. To encourage such citizens to occupy and hold said territory. Captain
Philip F. Thompson of Yamhill county. Tames Taylor, Esq., of Clatsop rounty,
and all their associates, with others wishing to settle there, are hereby aut'jorized
to take and hold laud claims within the territory of the Cayuse Indians, according
to the laws of Oregon, regulating the taking and holding of land claims ; and it is
understood that no treaty stipulation shall hereafter be eulcred into with said In-
dians prejudicial to the interests of such settlers, while they conform to the laws
of the land. In testimony of which, I subscribe my name.

Indian Department, H. A. r LEE,

Oregon City July 6, 1848. Supt. /. 4. O. T,

May 28, Maj. Magone took sixty men and went to Messrs. Eells and
Walker's missionary station, Chimerkin, but called by the Indians
Tshimakain, to escort those gentlemen and families otit of the country
to the Willamette valley. It seems that they had been very urgently
reqtiested by the officers of the H. B. Co., who resided in the country
east of the Cascade mountains to go to some of their posts un til they
could be escorted to the Willamette valley. They therefore went to
the Colville post, but hearing that relief was coming, met Maj. Magone
and party at their own station and came with them, and afterwards
reached their friends in safety in the Willamette valley.

The following letter from Capt. A. T. Rogers which was carried to
Oregon City by Seletz;i, "kicked up a row" generally, and caused con-
siderable ill feeling among the people, and the Governor received quite
a number of letters on the subject ; but with his usual good tact and
diplomacy, he succeeded in a measure in appeasing the excitement. I
append one of his replies immediately after the letter.

Fort Wascopam, July 9, 1848.
Gov. Abernethy :

Sir. I embrace this opportunity to send you a few lines by Indian Seletza.
I am sorry to inform you that the priests are trying to make a disturbance between

(■■ *

V r

\ 1

1 ;■:
I

\ 1

' 1

: ■

•

418

brown's political history.

1847

us and the Indians. It cannot be proven, but there is very strong circumstantial
evidence. The Indians say that the Bostons are very bad people; they ought not
to let the Bostons live here. I think he must not make much more disturbance.

I remain yours,

ALEXANDER T. ROGERS.

Okkgon City, Aug. i, 1848.
Sir. In answer to your request, I state in writing, that the article written by
you {or the ylmerican^ was correct. I regret very much however, that you gave
the article to the public, as all things of this kind tend to excite the community
and do no good. I am well acquainted with the Indian character and know their
disposition to carry false reports frotn one to another, sometimes merely to see
what effect a report unfavorable to the person they are speaking to will have. I
am therefore satisfied that the Indians in making the statement they did to Mr.
Rogers, did it to mislead him. For I cannot believe that the priests would be so
remiss as to say anything of the kind to the Indians while there is so much excite-
ment in the community. My inquiries for Gen. Palmer and Col Lee had no refer-
ence to this letter I was reading. I wished to know if they were in town as a
portion of another letter received by me was directed to them.- Yours truly.
Mr. R. W. Ford, ' GEO. ABERNETHY.

The followinja: official report although dated June 24th, was appar-
ently not filed or published until July 27th, or it would have been
placed consecutively. It will pick up some of the threads of the line
of events and make them more clear, although restating some incidents
previously stated.

Headquarters of the Army, )
Oregon City, June 24, 1848. f

vSiR. An official report of the proceedings of the First Regiment of Oregon
Riflemen, under my command is herewith submitted :

On the morning of May 17th, I left Waiilatpu in pursuit of our enemies, who
said by Indian report, to have stationed taemselves in the vicinity of Mr. Spald-
ing's mission. We encamped that night on a small stream near the Toucha.
Early next morning we dispatched two companies, 120 men, under command of
H. A. G. Lee, Supt. I. A. of O. T., with instructions to cross Snake river, at Red
Wolf's ground, and if possible, cut off their retreat from the mountains, while I,
with the main body, would cross at the mouth of Palouse river and prevent their
flight to the Columbia. On reaching the river at this point on the morning of the
19th, there were no canoes to be seen on either side, notwithstanding previous ar-
rangements had been made with the Palouse chief, by th -* vSuperinteiident of Indian
Affairs to have them in readiness on our arrival. The river was high and rapid,
and the idea of crossii.g our baggage on rafts at once, .seemed hazardous in the ex-
treme. A raft was however made, and Maj. Magone and four others crcssed, with

1 " Oregon .American and Evangelical Unionist," in pamphlet form of i6 pages octavo, edi-
ted by Rev. J. S. Griffin and published at Tualatin Plains.

2 At the time Gov. Abernethy received this letter (Rogers), there were a numbei of men
standing by, and they asked him to read it aloud, which he did, not knowing its content- , and the
news spread rapidly, and Mr. Ford wrote to the "American" and commented considerbly on it so it
seems, and afterwards wrote to the Governor in regard to it, to substantiate his as.sertions. I wa.9
unable to find his letter of inquiry.

1847

;ircumstantial
ley ought not
; disturbance.

ROGERS.

ig. 1, 1848.
cle written by
hat you gave
e community
id know their
merely to see
will have. I
ley did to Mr.
ts would be so
much excite-
had no refer-
in town as a
lurs truly.
5RNETHY.

was appar-

have been

1 of the line

le incidents

RMY, I

24, 1848. f
;nt of Oregon

enemies, who
of Mr. Spald-

tlie Toucha.

command of
; river, at Red
:ains, while I,

prevent their
lorning of the
E[ previous ar-
ient of Indian
gh and rapid,
ous in the ex-
1 crcssed, with

lages octavo, edi-

numbeT

men 1

oiitent' ,

and the 1

iderb'.y on it

so it

sertions

was

1847

PROVISIONAL GOVERNMENT.

419

a view of searching the Palouse for canoes. On reaching the mouth of the river,
they met seven Indians who had come to make good their promise to the army.
It was late when the Major returned, and the wind was so strong as to render the
crossing dangerous. Next morning early we commenced, the wind still continuing
to blow, which was greatly against us — having to swim most of the horses l)y the
side of the canoes. About noon on the 21st, we were all over safe and ready for
the march, having procured an Indian pilot who pledged himself to lead us direct
to Teloukoikt's camp or suffer the consequences. Our camp that night was on the
Palouse: Next day, after traveling a few miles, we took up a dry branch that led
in the direction of Mr. Spalding's. About noon an express reached us from Revs.
Walker and Ivells, stating that a portion of the Spokanes had come down with the
intention of joining us should their services be solicited. They reported some
thirty head of Teloukoikt's cattle in their country, and expressed their willingness
to drive them wherever I might say. I ordered them driven to the army, and
accepted of forty-three of their armed warriors as our allies.

Next day, about xo o'clock, two Indians were discovered by the Spokanes, and
brought forthwith to me, supposed to be spies from the enemy. They called them-
selves Nez Perces ; said Telonkoikt and party had fled for the mountains, but left
a goodly portion of stock, both cattle and horses, and that a few Indians were
guarding them on Snake river. I immediately dispatched 100 men under command
of Maj. Magone, to take the stock ; and if he found any of the guilty, to bring them
to speedy justice. On the Major's return he reported to me as follows :

Coiy. WatKrs. — Sir. — On approaching the river, an Indian was discovered
on the hills, warmly pursued by Baptise Dorio and others who were in front,
and this was deemed a sufficient signal for sl charge, which was made at the utmost
speed of the animals. Unfortunately mine did not rank with the finst class, and I
was consecjuently thrown in the rear despite my exertions to the contrary. Before
I got down the hill that leads to the river, I heard the sharp report of the rifle, and
supposed we had engaged the enemy. I reached the spot with all possible speed,
and found to my surprise that they were shooting at a canoe near the opposite shore
and that no person was discoverable in it. I was informed that there were Indians
in it, and thnt they had put out on first sight of our boys, which they considered
sufficient evidence of their guilt. There were several Indians camped on the river,
among whom I recognized old Beardy, who declared there was not one of the mur-
derers in that vicinity ; that Telonkoikt had gone, and two Bostons had come to
meet us that morning from Capt. Thompson's camp bearing letters to Lt. Col.
Waters. This tale looked so plausible from what I heard pass between you, that
I was dispos?d to place confidence in it. I left a sufficient force at this point to
guard the Indians and stock until I returned. I then proceeded up the river to
where I was inforired R.ichard might be seen. I was informed by him, that Mr.
Cook and inothcr man left there in the morning to meet the regiment. He said
the Iiuli.ins were not guilty of what those taken by surprise alleged against them,
and it was -lone out of fear for their own lives, and from no other cause. When I
returned co those left in charge of the Indians, I found that some four or five had
crossed over on a raft and killed two Indians. One reported to have been killed
while the canoe was crossing. This act, be it distinctly understood, was a volun-
tary one on their part, as I h? i given no order to that effect.

I ordered the detatchment to retu-n to the regiment, thoroughly convinced
that I would have given more general satisfaction to the men by ordering them to
wipe from the face of existence those professed friendly Indians, without distinc-
tion or mercy. But believing it to be the imperative duty of a soldier to obey the

iv..^ 11

Ml'

420

brown's political history.

1847

orders of his superior officer, I returned the detachment to you with the approval,
at least, of a c^ear conscieuce.

Your obedient servant, J. MAGONE,

A/aj. /St. Reg. O. R.

Mr. Cook arrived with an express from the Supt. of Ind. Affairs, about noon.
The substance of it was, that the enemy had fled two days before their arrival,
leaving their loose stock behind. Stated that he had crossed to the south side of
Snake river, maki* g use jf their lodges for boats, and that it was agreed in coun-
cil to await my orders. Seeing the decided advantage that the Indians hail over
us, and the many disadvantages under which we labored, particularly in crossing
streams, I ordered their detatchment to join us the next day. In the mean time I
sent out a detachment, under command of Capt. Burnett, to drive in the stock from
the hills, some of our Indians insisting that they belonged to the murderers. While
engaged in collecting the animals, an armed Indian rode up declaring they were
his, and was unceremoniously shot down by one of the men. It was done on his
own responsibility, as no officer in charge had given such order. The detach-
ment from Spalding's arrived the same evening, and Capt. Thompson presented
me the following report of the proceedings of companies D and G :

Lt. CoIv. \V.\TKRS, Sir. The above companies after separating from the
regiment, by your order of i8th inst., proceeded by forced marches, direct to the
Red Wolf's crossing on Snake river, under the guidance and with the advice of H.
A. G. Lee, S. I. A. At this crossing we learned that Telou'-oikt and party had left
some of their property near Lapwai, and had gone east ..1 different bands. We
crossed the river on the 20th, and proceeded with all possible dispatch to the vicinity
of Lapwai, where we arrived early in the morning of the 21st. A small party having
been dispatched as scouts a few miles back with Silsntal Emchume, a Nez Perce
chief, as guide, soo-i arrived in camp witli a band of horses and cattle known to be-
long to TeloukoikL. Here we remained some days, keeping parties constantly
going in search ofthe property of the murderers, during which time, many of the Nez
Perce chiefs visited our camp and spoke frjely of the murderer:?, giving us (profess-
edly I all the information they possessed concerning their movements. The substance
of which was communicated to you in a letter by express from the Supt. Ind. Affairs,
on the 23d inst. The Nez Perccs were informed that our business was to punish the
Cavuses, and that Ihcy had fled, so that we could not getthcni in person, we claimed
all the property that they had left in that section of country, and that they(tae Nez
Perces \ ought to assist us in getting it, and not attempt to hide anything from us ;
that any property brought there by the enemy would be taken as his, although he
might have given it to them when he could not get it away. They accordingly-
assisted us in getting it. Wc have succeeded in getting iiS head of horses exclu-
sive of sucking colts and forty-two liead of cattle. One mare was killed by acci-
dent, and three beeves have been killed from the cattle.

In obedience to your order of yesterday, by return express, we have joined
your camp with 117 head of horses, colts not counted, and thirty-nine head of cat-
tle. A large spotted horse, not included in the above list, was deli\-ered to the S.
I. A., to be returned to Seletza, being one taken from him by the Cayuses last
winter. C. W. Cook and David Guthrie, deserve to be noticed for their courage
and intrepidity, in going on express in search of your camp in the night, which
they did voluntarily. The Nez Perces, whoassisteil us in crossing the river, deserve
something more than the little tobacco, which was all we had to give them.

Your obedient servant. PHILIP THOMPSON,

Capt. Co. D.

1847

PROVISIONAL GOVERNMENT.

421

a])proval,

NE,

r. o. R.

)out uoon.
i^ir arrival,
nth side of
•d in coun-
is had over
in crossing
lean time I
stock from
ers. While
they were
lone on his
he dctach-
1 presented

\ from the
irect to the
idvice of H.
rty had left
^ands. We
the vicinity
arty havinjj
\ Nez Perce
lown to be-
constanily
y of the Nez
us (profess-
e substance
nd. Affairs,
punish the
we claimed
ey (tae Nez
^f from us ;
[though he
ordingly
rses exclu-
d by acci-

ive joined
ead of cat-
to the S.
lyuses last
ir courage
[fht, which
er, deserve
leni.
.'SON,
Co. D.

This state of affairs, I readily observed, wm Id soon lead to serious consequences,
and after consulting with the officers, and fiiiding that they were almost unan-
imous in favor of returning, I gave orders to march for Waiilatpu on the tnoriiing
of the 26th. I<et me here remark, that the vSuj)!. of Indian Affairs, is ciilillfd to
much credit f(jr the course he pursued towards the Indians, under those circum-
stances, and had it not been for his well timed exertions, I doubt not that we would
have been involved in a general war with the most of the Indiau tribes in the up-
per country. Capts. Thompson and Nesmith were ordered to return to Mr. Spald-
ing's place for the purpose of removing Mr. Craig's family and mission property
from the country. They joined the regiment with the familv and a portion of the
property on the 29th. Maj. Ma^one, at the head of fifty-eight volunteers, was dis-
patched on the 26tli inst., to offer protection to the missionary families at Tshima-
kin, and escort them to the valley should they be desirous of leaving. I could not
view their situation in any other light than prccirious and unpleasant. The Supt.
of Ind. Affairs advised them to improve the opportunity offered to leave the coun-
try. I started with the regiment on the morning of the 30th, and arrived in the
vicinity of the fort on June 3d. I spent five days there, during which time the
fort was garrisoned by fifty-five volunteers, whc " 'listed until Sept. 15th, with the
cx,yectation of receiving a few more from Maj. Magone's party. Capt. Wm. Martin
was put in command of the fort. I then proceeded to Fort Lee ( Wascopam),
leaving Capts. Owens and Maxon to await the Major's arrival. I garrisotied that
post on the ijlh inst., with seventeen men, placing Lieut. Rogers at their head.
They are willing to await the order of the (governor. The remainder of the regi-
ment I ordered to march by companies to McSwain's, and there Capt. Hall would
assume command. I resolved to go down by water, feeling somewhat indisposed.
About 2 1'. M., of the same day, the Major arrived, bringing with him both the
mission families. His report is as follows :

CoL. Waters — Sik. On the evening of May 26th, I encamped on the Palouse
river some twenty-five miles from where I left the regiment ; soon after, at' Indian
came to me and asked permission to leave that night for the mission. I granted
his request and sent a note by him to Revs. Walker and Kells, requesting them to
meet me at their place ( they were then at Colville ). On the 29th, soon after I
arrived at their station, they were discovered coming, and were soon in our midst.
They gave us, one and all, a hearty welcome to their once happy home, .\fter the
usual preliminaries were over. Rev. Mr. Eells unlocked the door, and I found my-
self at once iu a house that would do honor even to Oregon City. These gentle-
men appeared all anxiety to know what course the government of Oregon, or the
officers of the army would have them pursue. I briefly gave them your views and
those of the Supt. of Ind. .\ffairs on the subject, and then gave it ?' my opinion,
that you had but expressed the language of the Oregon Government. With this
explanation, they appeared perfectly satisfied, and said without a moments hesita-
tion, "we are ready to go wheresoever duty calls us, we will leave in the morning for
our familes, and shall return as soon as possible." They furnished us with an
abundance of provisions, and we remained resting our jaded animals until they re-
turned. Thev arrived on June 3d, about 11 o'clock a. m., and I can assure you it
was truly gratifying to my vanity to have such an interesting group committed to
my charge. Such emigrants cannot fail to add much to the society of Oregon.
After about two hours rest, we were all on the march, and I am happy to say, the
men were ever found ready and willing to render any assistance that would tend in
the least to the comfort or conveuience of the families. The Indians behaved well,
but appeared to regret much that the missionaries were going to leave.

422

brown's political history.

1847

I stated to them the reason why I came, which appeared to satisfy them, not-
withstanding several shed tears on bidding them adieu, and two accompanied us
to Snake riv.r. Five of my party remained at Fort Waters, among them C. W.
Cook. Our whole trip has been a pleasant and prosperous one, and I take great
pleasure in committing my sacred charge to your care, confidently trusting that
their most sanguine expectations will be realized on reaching the valley.

Your obedient Servant. J. MAGONE.

Maj. /si Reg. O. R.

Owing to adverse winds, I was unable to reach the city until most of the com-
panies had got through the mountains. Capt. Hail, who was in command of the
regiment, not meeting the proper officers at McSwain's as was expected, furloughed
the companies, subject to the order of the Governor. This step, was perhaps objec-
tionable, but I am disposed to believe the best that could have been taken under
the circumstances. Your obedient servant.

A. L. LovEjOY, JAMES WATERS,

Adjutant General. Col. Comd'g ist Reg. O. R.

To show the trouble that Commissary Pahiier had in obtaining sup-
plies for the troops that remained at Forts Waters and Wascopam, the
following is appended :

COMMI.SSAKY OFI-ICE, )

Oregon City, July 12, 1848.11'
Gov. Abernethy :

I obierve in your proclamation, dated July sth^ discharging tlie ist Regiment
Oregon Riflemen, that a portion of the regiment has been detailed and to remain
on duty at Forts Lee and Waters. Knowing that those detailed for the service
were needing many articles of clothing, as well as provisions, and having no funds
on hand to enable this department to furnish those supplies, I addressed a note on
the lotb inst., to the Board of Loan Commissioners, asking an amount barely suf-
ficient to subsist and clothe the men until the close of the quarter enrling Oct. i,
1848. I have received for answer to that communication, that the Board of Loan
Commissioners have no funds on hands, and they think it impossible to raise any
at this time. As a former f^ecision of the board was that tlr.y were not authorized
to execute bonds for such debts as I might contract ; it is placed entirely beyond
the power of this department to lo igcr supply the troops. Yours &c.

JOEL PALMER, Com. Gen.

The following editoricil copied from the Spectator oi Sept. 6, to which
the letter from Lieut. Rodgers, is appended created considerable excite-
ment. The Legislature taking it up at the next session.

" By referenc" to the following letter by Lieut. Rodgers to (Jov. Abernethy, it
will be .seen that the arms and amniu 'tion attempted to be taken into the upper
Indian country by the Catholic priest; have been seized by Lieut. Rodgers, and
deposited in Fort Lee. Orders liav( " tn dispatched to Lieut. Rodgers to sie/.e
and detain those munitions. Mu<'h ;redit is due to Lieut. Rodgers and the little
garrison at Fort Lee, for the prc:npi.r ss and efficiency with which tl.ey acted in
the matter. We understand th tt .acre was no disposition on the part of the offi-
cers of the government to destroy or confiscate those munitions, but, that they

1847

them, not-
mpanied us
hem C. W.
[ take great
usting that

3NE.
^g. O. R.

of the com-
land of the
furloughed
rhaps objec-
taken under

ERS,
eg. O. R.

lining sup-
:opam, the

[CE, )

2, 1848. f

St Regiment
id to remain
r the service
iig no funds
ed a note on
t barely suf-
ding Oct. I,
ird of Loan
to raise any
(t authorized
rely beyond
&c.
?Ofn. Gen.

6, to which
.ble excite-

tbernethy, it
to the upper
Lodgers, and
gcrs to sie/.e
id the little
Ley acted in
t of the !>tri-
it, that they

1847

PROVISIONAI, GOVERNMENT.

423

were detained to prevent their transportation into the Indian country under the
present juncture of affairs. We had intended to have spoken plainly upon the at-
tempt, by Catholic priests, to transport such a quantity of arms and ammunition
into the Indian country at this time, but as those munitions have been siezcd, and
are now safe, we abstain from present comment upon the transaction."

FoKT LKE, Wascopam, Aug. 21, 1848.
To Gov. Abernethy :

Believing it to be ray duty to let you know anything of moment that transpires
at this station, for this purpose I now address you. About 2 o'clock, p. M., at this
present, a boat arrived, consigned to the French priests who have taken up thei*-
residence here, loaded with about 700 or Soo pounds of gunpowder, 1,500 pounds of
lead, and three boxes of guns. I thought it was my duty, immediately to take charge
of them, and keep them until I get orders from you as to their disposal. By ex-
amining into the matter, and sending me directions as to my future conduct in this
affair, you will greatly oblige your humble servant,

LIEUT. A. T. RODGERS.

P. S. It seems impossible to me that they can require so much ammuni-
tion for private use. A. T. R.

'^' Resolved. That the Governor be and is hereby requested to inform the
House as soon as convenient, what disposition if any, has been made with regard
to cer*^ain arms and ammunition, what number of guns, quantity of powder and
balls, seized at Wascopam in August last by order of the Government."

This resolution was found enclosed in I^ieut. Rodgers letter, the
latter endorsed as an.swered, but I am unable to find a copy of it. The
resolution was endorsed as received, but no communication on file in
regard to it.

At the expiration of their enlistment, Sept. 15th, the volunteers
stationed at Forts Waters and Wascopam, returned to Oregon City and
were discharged. These two companies rendered considerable aid to«
the emigrants and secured for them a safe transit through the country.

It is true that there were not many Indians killed, still they were
taught that the " Bostons," or Americans were not women as they
had been led to believe for several years, evidently by some of the of-
ficers and servants of the Hudson's Bay Company. This war had also
a very deteriorating effect on the influence of that once, all power-
ful company, as there is no doubt that the Indians expected moral if
not material aid from their old friends and, in a measure, masters for
a long series of years.

Gov. Mason of Californ-a, sent l)y the brig Henry in August to
Gov. Abernethy, a 6-pound brass field piece with ample supply of am-
munition and fixtures ; 500 muskets and 100 rifles with a good .<;upply
of cartridges, which were kept at Oregon City, until the organization
of the Territorial Government and the arrival of the U. S. troops and
were then turned over to the General Government.

\\y

I !•

11^

424

brown's political history.

1847

ROSTER OF OFFICERS, STAFF AND FIELD,
Also of companies who served in the Cayuse war, commencing Dec. 8, 1847,
and ending Sept. 15, 1S48.

Commander-in-chief, Governor Geo. Abernethy ; Adjutant General, A. L. Love-
joy ; Commissary General, Joel Palmer ; Colonel, Cornelius Gilliam, ( accideutly
killed,); Colonel, James Waters; Lieutenant Colonel, Henry A. G.Lee; Major,
Joseph Magone ; Reg't O. M., B. Jennings ; Reg't. Adju't., Benjamin F\ Burch ;
Paymaster, S. B. Knox ; Surgeon, Wm. M. Carpenter ; Asst. Surg., F. Snider and
H. Saffarans ; Judge Advocate, Jacob Rinearson ; Ordinance Department, Samuel
J. Gardiner. •

NON-COMMISSIONED STAFF.

Sergeant Major Josiah H. Blankinship ; Q. M. Sergeant James Taylor ; Hos-
pital Steward Bennett Osborn.

/^irsi Company. — ( unlettered ) Captain, H. A. G. Lee, ist Lieut. Joseph Ma-
gone, 2d Lieut. John E. Ross, Surgeon W. M. Carpenter, Orderly Sergeant J. S.
Rinearson, 2d Sergt. J. H. McMillen, 3d Sergt. C. W. Savage, 4th Sergt, vS. Cum-
mings, 5th Sergt. Wm. Barry. Privaies—]ohn Little, Joel McKee, J. W. Morgan,
Jos. B. Proctor, S. K. Barlow, John Richardson, B. B. Rogers, — Shanon, A. J.
Thomas, R. S. Tupper, O. Tupper, Joel Witchey, G. W. Weston, Geo. Wesley,
Isaac Wilgamot, Jacob Johnson. John Lassater, Ed. Marsh, Geo. Moore, Nathan
Olney, Ed. Robinson, J. H. Bosworth, Wm. Beekman, Benj. Bratton, John Balton,
Henry W. Coe, John C, Danford, C. H. Deffendorf, David Everest, John Fleming,
John Finner, John G. Gibson, James Kester, Henry Levalley. [ A. Lytle, A. Green-
leaf, James Fields, and G. W. Weston, discharged at The Dalles, Jan. 17, 1848.
Joined the company at The Dalles, J. T. Lassater, H. Carnehan, Alex. McDonald
and Samuel Bcntly. Capt. Lee's report of January 17, 1S4S.]

Second Company {P^). Captain, Lawrence Hall, ist Lieut. Hugh I). O'Bryant,
2d Lt. John Euyant, ist vSgt. Wm. Sheldon, 2d vSgt. Wm. Stokes, 3d vSgt. Peter S.
Enyant, 4th Sgt. Thos. R. Cornelius, 5th Sgt. Fred. II. Ramsey, Color-bearer, Gil-
bert Mendon. Privates — R. Arthers, Alvin C. Brown, Isaac Butler, Sam'l Y. Cook,
S. Cunningham, Ira M. Donald, John F^Uiott, Abraham Enyant, Thomas Fleming,
Samuel Furgcson, Samuel Guthard, Israel N. Green, J. C. Holgate, Stephen A.
Halcomb, David Harper, Noah Jobe, Allen Kennedy, Alvis Kinsey, Thos. Kinsey,
Josiah W. Lingenfelter, Andrew Leiuberger, John Lousinquot, Geo. A. Langworthy,
Oliver Lowden, Henry Larailey, John H. Leinbarger, Wm. Mclaneary, Marshal
Martin, Geo. H. ]Mirch, Perin G. Northrup, Wm. R. Nowland, S. Ross, David C.
Smith, Plenry N. Stephens, J. II. Smith, Josiah W. Scott, (ico. W. Smith, John L.
Scroggins, Drewery Sh' ^maker, .■Mien Stewart, John W. Smith, Wm. W. Walter,
Robt. Walkers, Wm. Williams, Randal Yarbcr, John A. Zachery.

Third Company (B). Captain, John W. Owens, ist Lt. Alex. T. Rodgers, 2d
Lt. Thos. C. Shaw, ist Sgt. Jas. C. Robinson, 2d Sgt. Benj. F. Burch, 3d S(it. Jas.
Bilyieu, 4th Sgt. Robt. McF;iwt , 5th vSgt. Robt. Smith. Privates.— Geo. W. Ad-
ams, Benj. Allen, Wm, Athey, Tra Bowman. John Bapti.ste, — Currier, Manley
Ci'rry, Geo. Chapel, Je.sse Clayton, Wm. Doke, John Dinsmore, Sinnet T. Duffield,
Nathan F'nglish, vSquire Elembough, John Fiestcr, Jesse Gay, D. H. Hartley, Lester
Hulon, Fleuiming R. Hill, Stephen Jenkins, Jas. Kc^ller, J. Larkins, Daniel M.
McCumber, Joshua McDonald, Thos. Pollock, Ed. Robinson, John II. Smith, Chris.
Stemermon, Sebron P. Thornton, Joseph Wilbert, Wm. Wilson, Thos. R. Zumwalt,
E. McDonald, Henry Fuller, Charles Zunniord.

Fourth Company, {C). Captain, Hamilton J. G. Maxou, ist Lt. Isaac N. Gil-

1847

PROVISIONAL GOVERNMENT.

425

:c. 8, 1847,

1. L. Love-
accideutly
:e ; Major,
F. Burch ;
Snider and
at, Samuel

ylor ; Hos-

foseph Ma-
eant J. S.
;t. vS. Cutn-
I. Morgan,
anon, A. J.
o, Wesley,
re, Nathan
ihu Balton,
1 Fleming,
A. Green-
. 17, 1S4S.
McDonald

O'Bryant,
t. Peter S.
earer, Gil-
V. Cook,
Fleming,
ephen A.
Kinsey,
gworthy,
Marshal
David C.
John L.
Walter,

idgers, 2d
Syt. Jas.
W. Ad-
Manley
Duffield,
y, Lester
aniel M.
h, Chris,
umwalt,

N. Gil-

bert, 2d U. Wm. P. Pugh, ist Sgt. Wm. R. Johnson, 2d Sgt. Obadiah S. Thomas,
3d Sgt. Thos. M. Buchner, 4th vSgt. Daniel Stewart, 5th S^t. Joseph Ralston.
Privates. — Thomas Alpin, Andrew M. Baxter, Jackson Haty, Wm. Basye, Charles
Blain, Henry Blackner, Wm. Borden, vSamuel Clark, John M. Cantral, A. Cantral,
Samuel U. Chase, John R. Courtney, Rubon Crowdcr, John W. C rowel, Samuel
Cornelius, Wm. Chapman, Jas. S. Dickinson, Manley Danforth, Alljert G. Davis,
Wm. Dinsmore, Solomon D Durbin, J.F,arl, S. D. Earl, Napoleon B.Evans, Richard
Evans, Albert H. Fisher, John Feat, Isaac M. I'oster, EH Ferguson, Wm. I'ord,
Beiij. Ford, Samuel Fields, David Garbin, Thos. Graham, Wm. Hawkins, G. Hub-
bard, H. Hart, R. Johnson, Wm. A. Jack, I. M. Johns, Alvis Kenny, Jas. Killing-
worth, J. H. Loughlin, J. R. Lebo, John Lemon, D, Layton, H. Martin, J. vS. Miller,
J. McCoy, M. McCuUey, I. Morgan, R. Montgomery, J. Morris, M. B. McKinney,
Jas. Officer, R. H. Pollard, H. Polley, Fred. Paul, J. B. Proctor, J. Patterson, Jos.
Rucard, Wm. Robinson, S. Ritner, J. M. Rowel, Wm. Russet, Wm. M. Smith, \.
M. Smith, Geo. M. Scrowder, J. Sheithoof, A. vStone, Wm. Sherley, J. Vaughn, T.
Warener, J. Wheeler.

Fifth Co>npany, { D). Captain, Thomas McKay, ist Lt. Charles McKay, 2d
Lt. Alex. McKay, Orderly Sgt. Edward Diipois, ist Sgt. Geo. Montour, 2d Sgt.
Baptistc Dorio, 3d. Sgt. David Crawford, 4th. Sgt. Gideon Pion. Privates. —
Amprcville, C. Beauchman, N. Bird, A. Bonanpaus, J. Cunningham, C. Coweniat, J.
A. Delard, F. Dupse, N.'English, J. Gervais, F. Gravelle, J. Guslonis, \. Lafastc,
O? Lafaste, L. Laplante, R. Linkletter, L. Montour, J. Paine, A. Fearce, A. Plante,

A. Poisier, A. Russie, J. Sinegratte, J. Spence, Wm. Towses, A. Vatrais, B. Lander-
iste, P. Lacourse.

Sixth Company, ( EV Captain, Philip F. Thompson, ist. Lt. James Brown,
2d Lt. J. M. Garrison, Ord. Sgt. G. E. Frazer, ist Sgt. A. E. Garrison, 2d Sgt. A.
Welton, 3d J. Freer, 4th Sgt D. D. Dorkin. Privates, — M. P. Brown, J. Copenha-
gen, W. A. Culberson, R. Crowder, H. Davis, B. Davis, J. Elechels, J. Eldridge,
Wm. Ivads, J. Faron, A. K. Fox, C. B. Gray, W. J. Garrison, R. Harmon, Wm.
Hailey, J. O. Henderson, J. A. Johnson, G. Rowland, J. D. Richardson, Wm.
Rogers, Martin Wright, T. Wilson, Wm. Smith, W. B. Stillwell, E. T.Stone, Wm.
Shepard, J. Thompson. A. Jobc, H. C. Johnson, T. J. Jackson, J. Kenney, J. Kil-
walder, IL Kearney, A. Lason, J. Leabo, J. C. Malheny, D. Matheny, A. Matheu)',
Wm. McKay, C. P. Matt, J. Orchard, J. Packwood, J. B. Rowland, C. Rogers.

Seventh Company, yV). Captain, Leven N. English, ist Lt. Wm. Shaw, 2d
Lt. F. M. Munkers, Ord. Sgt. Wm. Martin, ist Duty Sgt. H. English, 2d Sgt. G.
W. Shaw, 3d Sgt. T. Boggs, .\i\\ Sgt. L. J. Rector. Privates,—}. Adams, L. N.
Abel, W. Burton, J. Crank, J. Downing, L. N. English, jr., T. T. Eyre, X. Ford,
R, I). Foster, A. Fish, A. Gage, A. Gribble, T. Gregory, R. Hays, G. W. Howell,
W. Howell, F. Howard, R. Jenkins, J. H. Lewis, G. H. March, N. G. McDonald,
Wm. Med way, Jas. Officer, J. R. Payne, J. Pearson, C. Roth, J. Rowel, .S. Senters, W.
Simmons, Benj. .Simpson, L. Stewart, D. Waldo, G. Wesley, T. Wigger, William
Vaughn, A. Vorke.

Uii^hth Company, (G). Captain, William Martin, ist Lt. A. E. Garrison, 2d
Lt. David Waldo, ist Sgt. L. J. Rector, 2d Sgt. William Cosper, 3d Sgt. Fales
Howard, 4th Sgt. J. Sylvester, 5th Sgt. Benj. Wright. Privates, — ^J. .\lbright.
T.J. Blair, H. Burden, J. Borst, G. Crabtree, S. Center, J. Crank, J. Cox, W. Cook,
T. Canby, J. Eads, T. T. Eyre, P. Fowler, S. Ford, S. M. Grover, J. C. Holgate,
J. Kei/.er, P. C. Keizer, Wm. Melawors, J. Matheny, .-V. M. Rainwater, L. .Stewart,

B. F. Shaw, G. K. Vernon, Wm. Waldo, L Wood, C. S. Pringle, S. G. Pugh. This

426

brown's political history.

1847

lUlAl'

company was recruited mostly from men who had returned from one term of enlist-
ment.

NirMi Company, (H). Captain, William P. Piigh, ist Lt. Nelson R. Doty, 2d
Ivt. Maxwell Ramsby. Ord. Sgt. George W. Vernon, ist Duty Sgt. David Weston,
2d Sgt. H. M. Smcad, 3d Sgt. Almond Moore, 4th vSgt. H. L. Brown. Privates, —
W. H. Bradford, W. P. Breeding, J. C. Boon, B. Blevins, M. C. Chambers j
J. Cronkhite, W. Crabtree, C. W. Curl, A. F, Davidson, T. Deakins, D. Delauey,
J. Davis, I. Flannery. J. Finncr, C. P. FuUerton, E. Fust^ J. Gaddy, J. Garrel, \V. N.
Griffin, W. Johnson, J. Kendall, A. S. Knox. C. Klum, J. Low, J. McBride, J. Mon-
tieth, W. R. Miller, W. Miller, J. Neal, L. Payne, J. Pierce, P. Potter, C. S. Pringle,
J. W. Peat, A. A. Robinson, L. C. Richardson, A. Rader, F. F. Redman, T. Riggs,
A. Stewart, P. Scott, H. Simpkins, L- M. Savage, J. Savage, E. Stout, P. Sheaffer,
J. Smith, T Shrum, H. Shelton, J. S. Thomas, G. B. Thomas, J. H. Whitley, E.
Wimberly, Wm. Waldo, and L. Wright.

Tenth Company, (I). Captain, James W. Nesmith, ist Lt. J. S. Snook, 2d
Lt. Mitchell Gilliam, Ord. Sgt. Rush Mendeuhall, ist Duty Sgt. John McCloskey,
2d Sgt. John Scudder, 3d Sgt. ^enj. Taylor, 4tli Sgt. Woodford Holraan. Privates
C. Ashworth, J. M. Bacon, J. Butler, J. W. Biirch, R. Chrisman, O. F. Clark,
J. Canlin, H. Coleman, T. Culby, A. P. Caldwell, A. Cone, A. R. Cook, D. Culver,
W. Darst, J. E. Davidson, E. C. Dire, N. H. Eberman, J. Elmburg, P. Earl, J.S.E.
Elkins, ^L A. Ford, J. T. Foster, W. Glaser, !•. M. P. Goflf, D. M. Guthrie, M. P.
Gilliam, S. B. Hall, I. Hiushaw, J. C. Hackett, S. W. Her, J. Imbree J. Jones,
J. Johnson, vS. King, F. Ketchum, H. P. Lock, J. Lowc-y, J. J Louk, J. M. Leigh,
R. W. Morrison, A. Martin, T. Martin, J. W. McNary, J. Monroe, VV. McCoy,
T. W. McNeal, J. W. Newman, W. Olds, J. M. Owen, B. Osborne, E. Pyburn, G. W.
-.\vburn, E. Peters, J. M. Richie, M. S. Riggs, A. B. Robinson, D. H. Smith,
J.' Smith, D. Trinder, S.Vanvcist, P. Weise, J.Welch, W. H. H.Walker, C.Wright.

Eleventh Company, (K). — Captain, William Shaw, ist Lt. David Crawford, 2d
Lt. Baptiste Dorio, ist Sgt. A. M. Smith, 2d Sgt. George Laroque, 3d Sgt. Vatall
Bergeron, 4th Sgt. G. W. Shaw, 5th C. McKay. Privates,--]. IL Bigler.O. Crum,
J. Despeont, C. Edwards, W. Felix, X. Gervais, A. Heeber, D. Jones P. Jackson,
S. Kinzey, A. Laborain, W. Morrill, W. McMillen, F. M. Mankis, B. F. Nichols,
J. Pearson, X. Plante, F. Poiecer, J. Peares, A. Plants, H. Smead, W. Towie,
E. Viliell, Geo. Westley.

Twelfth Company. — Organized at Oregon City, March 8, 1848. Captain, J. M.
Garrison, ist Lt. A. E. Garrison, 2d Lt. John Herren, ist Sgt. J. B. Keizcr, 2d .Sgt.
P. C. Keizer, 3d .Sgt. Geo. Crabtree, 4th Sgt. G. Larocque, 5th Sgt. J. Colster.
Privates, — F. Biernaisse, V. Berg^^ron, T. E. Blair, H. Burden, J. C. Cox.T. Can^>e,
J. Despart, F. Fowler, C. M. Grover, D. Herren, J. C. Herren, A. Hubert, I. Ma-
theny, S. P. Pugh, J. Picard, Z. Plante, W. Philips, A. Sabowrain, I. Wood.

Thirteenth Company. — Captain, Geo. W. Burnett, ist. Lt. J. R. Bean, 2d Lt.
J. R. Payne, Ord. Sgt. Wm. Webb, ist Duty Sgt. C. J Payne, 2d vSgt. I-ranklin Mar-
tin, 3d Sgt. Nathan Katan , 4lh vSgt. Solomon Richards. Privates,—^]. J. Rasson,
P. P. Mulkcy, Jas. McGinnis, Anderson Smith, J. Peters, S. A. Jackson, A. M, Poe,
R. Arthur, J. Reynolds, G. A. Previd, D.Jones, Wm. Boung, B. Grounds, J. Sil-
vester, \\. T. Ilendrick, L. W. Moore, John Bolt, Geo. W. White, E. Kitchen,
J. Luny, C. H. Roundtree, T. Bayley,Wm. McMullen, L. F. Hembree, Peter Lewis,
R. Laughlin, D.J. Burnett, M. Martin, J. T. Hembree, W. Stephens, J. Kirkpat-
rick, )•;. Marsh, J. H. Caton, A. T. Loyd, J. Cosper, A. Wilks, J. Kelsey, T. Chop-
son, J. Kitchen, J. Roberts, Wm. Linsey.

1847
-ni of enlist-

R. Doty, 2d
pid Weston,
Privates, —
Chambers']
1. Delauey,
arrel, W.N.
ide, J. ]Mon-
. S. Pringle,
n, T. Riggs,
P. Sheaffer,
Whitley, E.

>. Snook, 2d
McCloskey,
I. Privates
). F. Clark,
, D. Culver,
Earl,J.S.E.
thrie, M. P.
e J. Joues,
f. M. Leigh,
VV. McCoy,
•burn, G. W.
. IT. Smith,
r, C.Wright.

2rawfonl, 2d
Sgt. Vatall
r, O. Crum,
P. Jackson,
F. Nichols,
W. Towie,

aptain, J.M.
izcr, 2d .Sgt.
J. Colster.
x,T. Canhe,
bert, I. Ma-
Vood.

can, 2d Lt.

ankliu Mar-

J. Rasson,

A. M. Poe,

iiids, J. Sil-

K. Kitchen,

Peter Lewis,

J. Kirkpat-

!y, T. Chop-

1847

PROVISIONAL GOVERNMENT.

427

The following company was organized at Fort Wascopam, to oc-
cupy that place, Feb. 7, 1848. It was composed of men from different
companies of the regiment, and was mustered in by Ralph Wilcox, at
that time adjutant of the regiment.

Fourteenth Company.— Ca.ptn{n John E. Ross, 1st Lt. D. P. Barnes, 2d Lt. Wm.
W. Porter, Ord. S^^t. James Winston, ist Duty Sgt. E. J. Crandall, 2d Sgt. J. H.
McMillen, 3d Sgt. J. R. Payne, 4th Sj;t. C. Boles. Privates,— II. W. Coe, J. B.
Proctor, N. Olncy, S. Cummiugs, A. M. Peak, J. Monroe, Ben Allen, J. Wilgamot,
Thos. Purvis, H. Karnahan, P. R. Robinson, J. E Alsop, T. Gregory, Geo. Wes-
ley, J. McCord,J. Fuller, C. Richardson, Sam. Centley, P. Sanders, J. H. Biglcr,
J. Keeney, H. Lcvalley, W. Melloway, D. Evarts, J. T. Lassater, H. Davis,
J. Parkinson, David Jones.

The following is the last company organized, and was created
through the exertion of Lt. Col. Lee, who was also Superintendent of
Indian Affairs, to hold Fort Waters until (as it was expected it would
be) relieved by regular U. S. troops, supposed to be on their way across
the plains.

Fort W.\thrs, June 7, 1.S48.

We, the undersigned volunteers in the First Regiment of Oregon Riflemen,
hereby obligate ourselves to remain at Fort Waters, and continue in the service of
Oregon Territory, until the 15th day of September next, unless sooner removed by
recruits or by the troops of the Unitf.d StaX.cs, provided,ii fty men can bo obtained
to hold the above named fort until the tiirie specified above. In witness whereof
we hereunto set our names this 7th day of June, 1848. Election of officers for
company connnanded by Captain Martin, in command of this post until' the 15th
of September, unless sooner relieved b^- authority.

Captain, Wm. Martin, ist Lt. David Weston, 2d Lt. B. Taylor, Ord. Sgt. M.
C. Chambers, ist Duty Sgt. W. H. Bradford, 2d Sgt. Ruben Shively, 3d Sgt. Ed.
Pyburn, 4th Sgt. William Johnson. Privates. — Wm. Webb, Jas. Keller, Jas. H.
Pearce, Jackson Reynolds, Wm, Tony, A. T. Lloyd, Thomas Shrum, Enoch Wim-
berly, S. Pcntly, D. Davis, D. Evertts, R. Evans, S. Bently, J. Sylvester, — Rom-
ley, T. Riggs, B. Osburn, G. A. Hartley, W. Wright, C. F. Fullerton, T. Canbe,
O. Crum,T.T Mulkcy, A.Wilkes, J. Clayton, J.Gand, J. Rucket.J. Neal, H. B.Simp-
kins, T. Warriner, C. P. Matt, W. Shepard, J. Parkinson, A. Cerilice, J. Foster.
J. Kendall, N. A. Pyburn, A. Lovengun, J. McBride, G. H. Matick, J. Davis,
Perin B. Whitman, L. C. Richardson, Charles Klum, H. N. Snead, N. Van Toey,
in place of Wm. Toney, J. T. Duffield in place of A. Wilkes, C. B. Carr, in place
of J. Reynolds.

The following is the first report on the expenses of the war. It will

be observed that there are not so many companies as I give the roll of.

The reason is that the Captains gave returns of their own companies,

but not of the detatched companies that were made as the exigencies

of the service required.

Adjutant Gener.\l's Oi'fice, )
Oreoon City, Dec. i, 1848. f

Report of the amount due the several companies composing the First Regi-

ik'

428

brown's political, history.

1847

ment Oregon Riflemen, for their services in the war between the Territory of Ore-
gon and the Cayuse Indians :

Company A, Lawrence Hall, Captain $13,917 50

B, John W. Owens,
C,H. J, G. Maxon,

D, P. F. Thompson,

E, Levin N. English,

F, William P. Pugh,

G, Jas. W. Nesmith,
H, Geo. v. Burnett,
I, Williain Martin,
J, Thomas McKay,
K, William Martin,
L, William Shaw,

11,663 00

25.546-50

16,213 00

3)744 00

6,228 00

8,134 5"
5,080 50

9.4H7 50

4,543 50

2,926 50

1 ,824 00

Total -- _fio9,3ii 50

ALBERT E. 'WILSON,

Assistant Adjutant General.

Report of Commissary and Quartermaster Generals, showing the
total amount expended in the Commissary, Quartermaster and Ord-
nance departments in the war between the Territory of Oregon and the
Cayuse Indians :

Departmeut. Dr.

Total amount cash received ■. $ 2,8^5 02

books and stationery 14488

arms and repairs 1,319 60

Indian agency 20 00

fort account 136 59

California expedition 5,si 70

ammunition 827 21

campequipage 799 58

transportation 5,220 S2

disc't on gold, loan com. 5 50

iiorseaccount '1927 00

interest to D. Waldo 2369

subsistence 14,412 73

merchandise .t.o6o 44

saddlery 1,041 22

smithrey and .saddlery

making 732 63

Total ^34.246 (.4

Department Cr.

Total am't cash paid per vouchers $ 2,811 15

stationery, private account... i 12

arms and repairing 854 35

forage 683 92

Indian agency 254 iS

medical department 396 07

cont'gt ex., clerks, rent, etc... 1,139 °7

California expedition 4SS 82

ammunition 15 25

camp equiiiage .sold, on hand 100 00

horse acount 15,444 "o

transportation 437 77

prem. on cash paid sundries 73 86

subsistence 2,947 41

merchandise 4,256 08

saddlery 1,211 05

orders on loan com. No. i to

267 inclusive 16,127 33

commissary's due bills 5,301 00

Total ?53.M.i *'>4

There was no date or signature to the above report, but it was en-
dorsed as being sent to Gov. Abernethy, consequently is a true report
at that time. Other reports will be presented in the following years as
the'^'^ occur.

TRIAL AND EXECUTION OF THE CAYUSE MURDERERS.

As a fit closing of the war, we give the trial and execution of the
Cayuse murderers held at Oregon City, May 21, 1850, which is copied
from the Spectator i^)ublished at that time. The trial was not held for
two years after the clo^e of the war.

il f '

1847

»ry <

3f Ore-

317

563

546-

213

744

228

134 5<->

080

4H7

543

926

824

1847

PROVISIONAI. GOVERNMENT.

429

.3" 50

eneral.

iwing the
and Ord-
n and the

Cr.

$ 2,811 15

nt... I 12

854 35

683 92

254 iS
396 07

:lc... 1,1.^9 07
4S« 82

15 25
laud 70G 00
15,444 "0
437 77
iries 73 86
... 2,947 41
.... 4,256 08
... 1,211 05
I to

. i6,r27 3^

. 5,301 (X)

§53,143 <'4

t was en-
le report
years as

RERS.

)n of the
is copied
t held for

"Information having been received by Gov. Lane, May 2cl, that the Cayuse
murderers had been apprehended, and awaiting his arrival at The Dalles, he went
up and brought them down, and the following are the court proceedings ;

District Court of U. S.^ His honor, Judge O. C. Pratt, presiding.

Clackamas Co., O. T. S May 21, 1850.

The grand jury came into court with an indictment against Telokite, Tomahas,
(or the murderer), Clokomas, Isiaasheluckas, and Kiama-sumkin. The Indians
thus indicted were brought into court, and the indictment was read in their hear-
ing, and its contents made known to them by two interpreters appointed for that
purpose. The court assigned K. Pritchett, Esq., Maj. R. B. Reynolds, U. S. A.,
and Capt. Thos. Claiborne, U. S. A., as counsel for the Indians. Hon. Amory Hol-
brook. District Attorney of the U. S. , on behalf of the people.

The court directed the clerk to furnish the Indians, through their counsel,
with a copy of the indictment, and the witnesses names endorsed thereon, together
with a list of the petit jury. Also, the court ordered that they have said copies two
days before they be required to plead. Court adjourned.

Wednesday, May 22, 1850. Court convened. The counsel in behalf of the
Indians appeared and filed a ' plea in bar of jurisdiction' which was verified by the
affidavit of counsel. The District Attorney made his replication to the foregoing
plea in form. The substance of this plea was that at the time of the massacre, the
laws of the United States had not bfn extended over the Territory of Oregon.
The replication to the plea set forth that.'// the territory west of the Mississippi, was
by the act of 1S44, cmljraced within and declared to be Indian Territory ; and as
such, subject to the Hws regulating intero. urse with the Indians; an4 the act of
1848, erecting a Territorial Government for ».Vegon, gave jurisdiction to this court
to take cognizance of the offense. His bono , the Judge, gave a labored and very
lucid opinion on the whole matter ; and orf'cred the plea overruled. The counsel
for the Indians entered their exceptions to this decision. The court demanded of
the defendants what further they had to plead. They then made the general issue
and plead 'not guilty.' -A. petition was then presented to the court asking a change
of venue to Clark county, on the ground of public excitement in this county. This
petition was verified by the affidavit of the counsel for the Indians. Court over-
ruled the application. Two new indictments were handed in against the same
persons, one for the murder of Mrs. Whitman, and the other for the murder of Mrs.
Saunders ; and the same proceedings were had, and orders issued as in the case of
the other bill. Court adjourned.

Thursday, May 23. Court covened ; prisoners at the bar. Counsel for the In-
dians asked for a continuance of the case. An affidavit was filed, which being
deemed insufficient it was denied by the court. The jury was then impanneled and
sworn. Twenty persons having been peremptorily challenged by the counsel for the
Indians, and two by the District Attorney. The District .attorney then opened the
prosecution. Witnesses were called in singly into court and examined.

Mrs. Eliza Hall I'eing sworn stated that she was residing at Dr. Whitman's
at the time of the massacie (Nov. 27, 1847I. Hearing the reports of many guns,
she went to the door of the Mansion house, and saw Telokite strike Dr. Whitman
three times with a hatchet, — the blows falling on and about the Doctor's face.
They were in the back yard, about six feet from the door. The two houses were
about one hundred yards apart and witness saw and recognized Telokite distinctly.
Had resided there three moufas.

Miss Elizabeth Sager, being sworn, testified that she was residing with Dr.

I'^n-

430

brown's POLrlTICAI, HISTORY.

1847

Whitman on the 27th of Nov. 1847, and was then about ten years of age. Saw
Dr. Whitman while his wounds were being dressed by Mrs. Hall and Mrs. Whitman,
and at the same time Mrs. Whitman was shot. Saw Dr. Whitman next morning
dead. Saw Isiaasheluckus attack and shoot Mr. Saunders, and saw Saunders fall
where his dead body was found next morning. Saw Clokamas next day with a
gun which he pointed at her sister, perhaps jocosely. Had lived at Dr. Whitman's
four years. There were many sick and dying. Dr. Whitman gave medicine to the
Indians.

Mrs. Lorinda Chapman, being sworn, testified being at Dr. Whitman's on
the 27th of Nov. 1847. She was in bed sick above stairs. Heard loud and angry
talking in the kitchen, and recognized the speaker's voice distinctly as that of
Telokite. Knew his voice from hearing him rehearse for Dr. Whitman. Heard
guns and confusion and went down stairs, and there saw Dr. Whitman wounded by
a cut across the face. Started in company with Mr. Rogers and Mrs. Whitman, to
go to the Mansion house, and at the door Mr. Rogers and Mrs. Whitman were killed.
Could not stir with alarm. While standing there, saw the four prisoners at the bar,
armed, recollects them distinctly. Did not see Telokite. Dr. Whitman was alive
when she left. Saw the Indians rolling his dead body about next morning. There
were many sick and Dr. Whitman gave medicine.

Mr. Josiah Osborn, being sworn, testified that he was at Waiilatpu on Nov.
27, 1S47, was sick in Dr. Whitman's house. Pleard guns and went to the door and
saw Mr. Kimble running and v.ounded, retreated inside and through the window
saw Tamahas pursuing Mr. Saunders. While under the floor with his family,
heard murder going on. Dr. Whitman gave some medicine to both whites and
Indians. Mansion house door was three feet high from the ground. The Indians
knew the whites died as well as themselves. Dr. W., was anxious as to his safety,
and spoke of it particularly in 1845. Docs not know whether the Doctor antici-
pated immediate danger.

District Attorney here said he would call no more witnesses except to rebut
testimony in the defense.

Dr. John McLoughlin, being sworn, testified that he had warned Dr. W'hit-
man of danger in 1840 and 1841, as the Indians did kill their own medicine men.

Stickus ( a Cayuse Indian), called and through two interpreters, testified that
Dr. Whitman left his lodge on the Umatilla the day before the massacre to go
home, and after the Doctor was on his horse, he told him to be careful for the bad
Indians would kill him. The Doctor thanked him and left. Tomsukee told
Stickus that they were going to kill Dr. Whitman.

Rev. H. H. Spalding, was sworn, testified that he was at Stickus's lodge
with Dr. Whitman and had similar warnings, and the next day after the massacre
became so fearful that he determined to go home to the Nez Perce country.

Here the testimony closed, and after the addresses by the attorneys the court
adjourned.

Friday, May 24. Court convened. The Judge then gave his charge to the
jury which was full and clear, both in reference to the law and testimony, occupy-
ing one hour and ten minutes. The jury retired, and after an absence of one hour
and fifteen minutes, returned a verdict, that they were guilty as charged. Counsel
for the Indians moved the court in arrest of judgment — overruled. A new trial
was moved — overruled. The court after recess, sentenced them to be executed by
hanging on June 3, 1850.

1847

PROVISIONAL GOVERNMENT.

431

age. Saw
. Whitman,
Kt morning
lunders fall
day with a
Whitman's
icine to the

litman's on
and angry
y as that of
an. Heard
wounded by
l^hitman, to
were killed,
-s at the bar,
m was alive
iug. There

;pu on Nov.
he door and
the window
his family,
whites and
The Indians
:o his safety,
octor antici-

!pt to rebut

Dr. Whit-
dicine men.

estified that

ssacre to go

for the bad

nsukee told

kus's lodge

lie massacre

itry.

rs the court

irge to the
ny, occupy
of one hour
Counsel

A new trial
executed by

These Indians made the following confessions a short time after-
wards and before the execution ; Telokite said he did strike Dr. Whit-
man with his hatchet (tomahawk) as testified to by Mrs. Hall. Tom-
ohas, or The Murderer, admitted that he shot Doctor Whitman.
Isiaasheluckas, confessed to have shot Mrs. Whitman ; and Clockamas
the smallest of the five admits that he assisted in dispatching young
Sager. Kiamasumkin says he was present, but took no part in the
massacre.

A few days after the sentence of death was pas.sed upon these Indi-
an murderers, Gov. Lane signed the death warrant, and handed it to
U. S. Marshal, Joseph L. Meek. Lane then resigned his office, which
left the Secretary of the Territory, Mr. K. Prichett (oneof the Indian's
counsels) as acting Governor. Mr. Prichett commenced talking about
reprieving them, but Meek informed him that he had the warrant and
would execute them as sure as the day came around. This firm stand
put a .stop to any further action in that direction. But there was .some
uneasiness felt that the Indians might attempt to rescue thein on the
day of execution, and hundreds of the settlers came armed, but left
their guns at convenient places, and appeared unarmed in the streets,
so as not to create any suspicion of the state of affairs. The execution
passed off without any demonstration whatever, and thus closed the
last act of the Cayuse war. The fate of the principal instigator of that
bloody massacre, Joe Lewis, is still wrapped in mystery, and probably
will never be known, but that he met the fate he so richly deserved is
more than likely.

Mr. Burns on behalf of the Loan Commission submitted the follow-
ing report :

LOAN COMMISSIONER'S REPORT.
To the Honorable Legislative Assembly of Oregon Territory :

GentIvKMEN. I present you with a schedule of our transactions as Loan Com-
missioners for the Territory. In accordance with our duties as Loan Commissioners,
we have paid over with the exception of I42. 07, all moneys and available means to
the Commissary General, for which we have vouchers, with an account of which
you are now presented. It will be found upon examination that we issued more
bonds than we have vouchers, to meet which discrepancy we have a draft for Isoo
on Hamilton Campbell, .-\ggregate amount of bonds issued, 114,761.75 ; aggregate
amount of vouchers for Commissary General, $14,334.95 ; leaving a balance of
$416.80. To meet the above, we have balanced in Geo. Abernethy's books to our
credit, )j542.o7 ; Rev. Wm. Roberts draft on H. Campbell, $500, leaving a balance
in our favor of 1:125.27. The §500 draft above alluded to is a draft drawn by the
Rev. Wm. Roberts on H. Campbell, to the order of the Loan Commissioners. W.
H. Willson, one of the Board took charge of the draft to present to Campbell. The

! H i:

432

brown's political history.

1847

order or draft was presented, but for what cause I am unable to state to your hon-
orable body, neither property or money came into our hands as payment ; but I
think it was delivered over to the Commissary General by Mr. Campbell.

On the 2Sth of March last, the Commissary General told me that when he was
at The Dalles, it became necessary for him to take wagons and oxen, the property
of Phelaster and Philemon Lee, to the amount of I250. I consented to give bonds
to the amount, and did so, but in a few days I was called upon to give bonds for a
very large amount. I refused to execute bonds to them until I could see the other
two commissioners, and when we met together it was thought best not to give any
more.

There is another matter I wish to explain. When I commenced to collect
funds, I was not able to obtain any money, except orders on the stores in Oregon
City. In consequence of this, it was impossible for the Commissary General to
obtain articles for use of the army. He told me he could not get axes and spades,
and these article? were very much needed to make roads for wagons to pass up the
Columbia river. Philip Foster had subscribed $50, to be paid on the stores, and
John B. Price $25, to be paid also on stores. These gentlemen told me if I would
give them twenty-five per cent, premium, they would let me have cash, I told them
I would do so, Mr. Foster gave me I37.50 and I gave him a bond of I50 ; Mr.
Price gave me I18.75, and I gave him a bond for I25. This I did for the best, but
should your honorable body think otherwise, I am ready to pay this Government,
out of my own funds the amount of premium that I found at that time necessary.
The Commissary General or his agent, A. J. Hembree, obtained a loan of 1196.50,
from Thos. Justins, for which they agreed to get him a bond for I216.35. I at first
refused to give the bond for the amount, but the Commissary General being very
much in need of cash, upon consideration, sooner than the money should be re-
turned, I executed the bond for the amount.

All bonds issued by us bear interest at the rate of ten per cent, per annum,
and are signed by the Governor and countersigned by the Secretary of this Terri-
tory. All books and papers belonging are hereby transmitted for your examina-
tion. Owing to the resignation of Gen. A. h. Lovejoy, as one of the commissioners
and the absence of W. H. Willson, this document will appear with but one signa-
ture. HUGH BURNS,

Oregon City, Feb. 8, 1849. Co>nniissioner.

1847

i847

PROVISIONAL GOVERNMENT.

433

our lion-
it ; but I

m he was
property
ive bouds
luds for a
the other
give any

to collect
u Oregon
■eneral to
d spades,
iss up the
ores, and
f I would
told them

|5o; Mr.

best, but
^ernment,
lecessarj-.
f I196.50,
I at first
eiug very
lid be re-

anuum,
his Terri-
examina-

issiouers
ne signa-

S,
sioner.

General Election Returns for 18^7.

Candidates.

a
n
K

134

III

a*
v>

73
206

f 1

•1

40
9

I
»r

33
I

3
47

a"
••
1

122
65

■ 87"

77
74

"53

—

1
t

For Governor.—

CeorRe Abernethy

61 19
2 20

536

520

A. Huesied

ScatterincT

7
1074

99 .
73
43
74
36
56
44
57
67
140

Total vote cast

2,(9

73
43
74
-,6
5*5
44
57

2S4

I'ot Legislative Kepreseiitatives.

M. Crawford

S. S. White — .

S. Chase.

J. M. Wair.- -

John Fleming

P. (1. Stewart-.

Himni Straight

H. Johnsoti

Robert Newell

•240
246
252

179
229

I^
62

A. Chamberlain -_ .

W. n. Kees __

25a
179
22g

W. H. Rector

— I'eterson

2'i

J. S. Smith -

W H Burns -

I,. A. Rice

140
85
24
97

2
25

'^5

A T. Ilembree _ -

J. Davidson.

I^ewis Rogers - -

P. Armstrong. - -

C U. Ilewley -

25
43
39
38
32
23
22

A. I). Smith - —

H. W. Peers ._

J. W. Nesmith. — —

32
23

N. A. Ford

W. St. Clare. ._

J. D. Boon

P. O'Riely ---

3
128

J. U. Meek

R. Wilcox. _ -

123
128
102

David Hill

102

CoHiilv Office) s. —
Sheriff.—

A. M. Roe

194

207

35
38

;i9

J. Kendall

---

T>ea!iirer.—

John H. Couch

Daniel Waldo

194

207
40

W. P Hujfhes —

Isadore Bernier ._

A. L. Lewis

......

N. Ford. — -

A. Harvey --

190
40
29

47
iHr

Clerk.-

Assessor. —

E. B. Crawford

M Buck

190

40
29

J. B. McClaine

47
iSi

S C Morris

40
21

/
40

40
21

C. Ish

H. Hill

7
40

3
250

T.B.Rogers - - ---

T Liggett

County Jitsiires. —

250
16

■■ ( i :

[i't]

434

brown's political history.

Auditor's Refiort.

1847

Treasury Departmknt, Auditok's oi'imck,
Orec.o.n City, Dec. 7, 1847.
Whole nmount of warrnnts drawn upon Treasury, $3,242.08.

For the relief of Fredrick PriRg -

" " A. t,- I.ovejov

" J. W. Nesmith

" " estate of J. Iv I.onx--- -

" S; \V. Moss..- ... —

" " postoflice ilepartnieut

'• " Hudson's Hay Company

To pay of unpaid officers of the hist ((unrter

" " legislature of Dec. 19, 1846

" " judiciary department

" " executive department

" " Indian department.

" " contiUKent

K. M. Knig'Hon.--

Special account cf amount due Andrew Ilembree

Amount drawn under appropriation of Dec. iS,)6, to which add
tlic amount drawn on the different balances of apjiiopria
tii'us as per Treasurer's report of (.lartcr eiidiuK Dec. 1846,
towit :

For pay oflegislature

juries

Contingent expenses

Expenses I supreme and criminal courts .

Circuit attornej-

Superintendent of Indian Affairs

Ami of vouchers drawn from No. i to No. 50, inclusive

I.IAlUl-niES.

The fi>llowing is exhibit in Treasurer's re,,drt Dec. 9, 1846,

Amount due Hudson's Hay Company at Oregon City

• ollected of estate of Kwiug Voung

of scrip outstanding

Amount
.■^liproprt'd

a 27 88

34 2.S
60 00
150 00
100 00
116 0<J
140 94

494 «2

1,000 00

1,500 00

300 00

200 00

100 00

32 12

226 75

25 00
54 9"
43 79
80 00

136 13
.so 00

Amount

ASSICTS.

Following are items of assets as exhibited in the Treasurer's
report of Dec. 9, 1S46, to-wit :

Anumnt due by Geo. Al)eniethy & Co., per account

" John II. Couch

■' " F. W. Pettygrovo

" " Hudson's Bay Co. (Vancouver.)

Amount

Am't of assessment of Territorial revenue Clackamas county
for 1S47 as per county clerk's report, Nov. 1847

Amount of assets

RECAPITULATION.

Amount of liabilities per Tiea's report qrt'r ending Dec. 1846
For warrants drawn for fiscal year

Total.
(Signed)

G. W. BEU<.

Amount

Kxpende(f_

\ 2788

34 2.S
60 00

150 (X)

100 00
116 00

888 60

9^7 7.S

3(jo 00

I. SO 00

41 19

32 12

226 75

24 60

9 34

10 9,S

^7, 65
50 00

Dr.

140 94
2, Sis 00
1.475 92

4,431 86

4,431 86
3.243 94

7,674 94

Am't unex-
pended.

140 94

494 »2
III 40
512 25

50 00
5881

45 .S6

43 79

69 03

102 48

Cr.

3.243

.S4

126

714

840

1847

ICK, \

, IH47-)

Am't unex-
peii ded.

140
404

a 2

III
512

69 05

102

4«

Cr.

3.243

126

714

840 25

1847

I'KOVISIONVX GOVERNMENT.
Treasurer's /Report.

435

Ainouiit of scrip issued by former Treasurer J7.752 12

myself.-- i.'5i "7

Malvinj; ^kiss iiniDiitit isstieil-.

Iroin wliuli .--.iiKi;!!!! reiU'fiii'"(l 1)y former treasuret-
Atiiouut I fdtL'iUfd t)y myself

Makinx Kross amount redeemed

Leaving llu' aniDUiit of DulstaiKlinj; scrip-

l-'rom whicli take aiiuiiint of funds in treasury-

Whicli leaves amount of liabilities iinprovided for

The aniiiunt of ¥1,151.07 issued by me was as follows :

Kor auditor's drafis 1

I'"or ten percent, on I157.22 paid by R. K. Wiley.

Amount issued in making clianne

Amount issued to Clackamas countv for error of former treasurer-

Making in all

The amount received of former treasurer .

" " " absentee tax collected \ _-.

" " " licen.se collected

■' " scrip issued ._

" received of K. '•'. Wiley, sheriff Tualatin county.

.Amoutititip in all to

.\mo\inl on deposit at ('.eorse \Viernethy

Hudson's l!ay Company,.

Killniru A Company.-.'--.
Interest paid

Scri]) redeemed

Ten percent, paid R. K. Wiley on $157.22

..\u(lUor's draft. . .

Amount paid Clackamas county, error in license.

Total

8.903 '9

4, '23 4f>
43 72

■1,^79 74

550 00

15 71

i*<.s 36

.(ix) 00

l.l.Sl 07
3.'* 63
60 00

70 00
i.i.si 07

1.57 22

1,476 92

CR.

4.328 83
450 yo

4.779 73

28 63

10 00
5 00

■6 59
450 90

1= 70
550 00
400 00

I, .176 92

In addition to the foregoing, and as a part of the same, I beg leave to submit the former treas-
urer's report. (Signed.) W. K. KII.UrRN.
Oregon City, Dec. 9, 1847. By N. S.mith, Vep. Tras.

Treasurer of Oregon Territory to Sundries.

To l)alance

To license collected

To taxes, slierilT Holmes Clackamas county -
" Martin, Champooic c .utity-_

" " Baker, Yamhill <:ounty

" '■ Mulkey, Tualatin county

" " Wiley, Tualatin county

" " Jackson, Vancouver co.inty.

" ■' Jackson, I^ewis county

To absentee taxes collected,

To scrip issued.

Total

Sundries to Treasurer Dr.
By scrip paid

To auditor's draft (on file)

To paid estate of I,e Breton

Hudson's Bay Co., (Falls) their account

" interest on scrip

treasurer's (bill on file)

To balance (funds on hand)

''^'^'^^ -:r-:.r-zz""--—r----r^z:r---'-—--:-:zrT——- 4.504 47

Dr.

■* 39 53

515

1.13

120

165

34,S

2,912

4,504 42

1.377

2.693

140 94

203

3« 63

Cr.

4.504 42

4.504 47

(Signed.)
Oregon City, Oct.

15, 1847-

JOHN H. COUCH.

per John P. Brooks.

lii

1848.

President's special, message on Oregon and the Indian war ; passage
OF Oregon bill; President's message on the subject; oekicep>-
OK Provisional Government ; meeting ok the legislature ; Gov-
ernor's message ; election of territorial officers ; discovery of
GOLD IN California : poetical description of the rush to the
mines; Oregon mint; cuts of the "Beaver Money;" notes; elec-
tion AND official returns.

THE 3'ear of 1S4S was not ushered in by ringing of bells, salutes
of artillery or shouts of joy by the people of Oregon. Instead
of the greetings of peace and good will to all, the alarm of war
was sounded on all sides. It was known that all the Indian
tribes dwelling on the east side of the Cascade mountains were either
in open hostility or sjanpathized with the Cajnises, restrained only
through fear caused by the bold and energetic action of the small army
which was invading their country to punish the Cayuse tribe for the
murder at Whitman, or Waiilatpu station. In the Willamette valley
the Indians had heard of the war, and in some portions of it there was
some trouble, with strong indications of more, which was somewhat
retarded by the breaking out of the measles, a disease not necessarily
fatal, but made so by the Indian mode of treatment, as described in
note on page 318. Whole villages were swept away, and the death-
song could be heard from early morn till late at night, as they saw
their people perishing from the face of the earth. The season had
been mild ; the sun shone warmly and brightly overhead ; the snows
of winter scarcely whitened tlie valley ; the earth was robed in spring-
time verdure and bespangled with wild flowers ; Nature looked bright
and cheerful. But how was it with the people of Oregon ? Their con-
dition w^as not such that they could enjoy the smiles of nature. The
American portion of the settlers seemed to be the only class proscril)ed
by their surrounding foes. The other portion, the Knglish ( King
George's men), in more than one sense of the word ' , .stron;^ as the
Americans, could traverse the country without hindr;in :e or molesta-
tation. They were thought by a great many to look on with indiffer-

i \

1848

PROVISIONAI, GOVERNMENT.

437

I ; PASSAGE
; OKKICEP.'^
URE ; Gov-
5coverv of
;h to the

TES ; ELEC-

Us, salutes
. Instead
arm of war
he Indian
vere either
ained only
mall army
-ibe for the
ette valley
there was
somewhat
necessarily
:scribed in
the death-
s they saw
eason had
the sn->ws
in spring-
ked bright
Their con-
ure. The
proscribed
ish (King
m;; as the
ir molesta-
h indiffer-

ence, even if they did not covertly render the Indians assistance. The
boundarj' question had been settled a year or more, still the mother
government had not recognized or ofiFered to relieve or defend her far-
off infant colony on the Pacific coast. The cry had gone Ibrtli again
and again, but wa:, still unheard. Cmgress had "nigget on the brain"
and could not spare the time to assist her oppressed colony. Thus
left to her fate, without numerical strength, inadequately supplied with
arms and munitions of war, lacking in transportation facilities, food,
and everything else except courage and indcmiitable will, the}' carried
on a war to a successful issue, as has been shown in the previous
chaDter.

As the different memorials which had been sent to congie.ss previ-
ously from year to year seemed to have had no effect, a meeting was
held in Yamhill county to di.scuss the propriety of electing a lelegateto
go to Washington to urge the organization of a tentorial government,
as the boundar}' question had been settled ; but it was found that there
would not be sufficient time to issue notice for an election for a dele-
gate to take the journey on the only .ship ':hat would soon sail on
which passage could be secured, and it was impracticable for any one
to cross the continent at that sea.son of the 3'ear. Then there was no
law authorizing th- eltction of a delegate, and the subject was dropped.
As stated on page 300, Hon. J. Quinn Thornton went to Washington,
and on May :?5, 1848, handed to Senator Benton a memorial that he
had drawn up. It was quite long, and valuable for the intbrmation it
contained, but .space denies me the pleasure of reproducing it. The
reader can, however, find it published in full in the Pioneer Proceed-
ings. Mr. Thornton also drafted the Oregon land law, as well as the act
organizing the territorial government. Th<=se were both amended, and
the land law did not pass congress until the next year. The introduc-
tion of the bill to organize the territory of Oregon was the signal for
the Southern members to bring forth and harp upon the slavery ques-
tion, and the bitterness and narrow-mindedness that had always been
displayed by the.se sectional partisans in regard to the boundary treaty
was now renewed and enlarged upon, although the Mis.souri com-
promise, that had been adopted March 6, 1S20, stated that in all the
territory lying north of 36°3o' north latitude slavery should be prohib-
ited, and Mr. Calhoun and .several other vSouthern senators voted for
the measure. The great stumbling block was the section in the or-
ganic law of the provisional government declaring against slavery,
founded on the ordinance of 1787, and the same sentiment copied into
the territorial organization bill.

. m

438

brown's political niSTORV

I84S

Mr. Thornton, who was present in Wasliington at that time, says :

At every session of congress since the treaty of June 15, 1S46, it has had before
it one or more hills having for their object the establishment of a territorial gov-
ernment in Oregon. Hut there being no one in Washington specially chargcil
with the duty of representing the interests of Oregon, the pro-slavery element,
which has ahvajs dominated congress and controlled the government in all its de-
partments, continued from session to session to obstruct any action .:vorable to
Oregon ; and this was the policy the leading statesmen of the South had adopted as
their guide. ' In giving shape to their action il became necessary to provide gov-
ernments for the itihaoitants of two territories, when at least one of them should
have slaverj- as a counterjioisc to freedom in the other. Any one who will thought-
fully read the debates on the Oregon bill, as reported in the supplement to the
Congressional Olobe, will rise from that reading impressed with the conviction
that the great battle which really settled the future of American s'.^very was during
the first session of the Thirtieth Congress on the field of the Oregon bill.

Februarj' 9, 1S48, Mr. Smith, of Indiana, from the committee on
territories, introdnced a Inll to organize a territorial government in
Oregon, which immediately met with vindictive hostility from most of
the Southern members, among whom was Mr. Gayle, of Alabama, who
in a very long speech objected to it in every respect, and especially to
the section that p.-ohibited slavery, fotnided on the wishes of the peo-
ple, as evinced by the organic law of the provisional government. Btit
he was met by men of eqtial earnestness on the other side, especially
Mr. Evvart, of Maine, who championed the bill with great ability.

It is hard to tell what wonld have been the fate of the bill if it had
not been for the timely arrival of Mr Joseph L. Meek, the messenger
from Oregon, and the sending of a special message to congress by the
president, thus showing the al>soluie necessity of immediate action —
/. c, as fast as that body cotild be moved. The message is as follows :

To the Senate and House of Representatives of the United States :

I lay before congress the accompanying memorial and papers, which have
been transmitted to mc by a special messenger employed by tin- Governor and
" I,egislative Assembly of Oregon Territory," who constitute the temporary gov-
ernment which the inhabitants of that distant region of our country have, from
the necessity of their condition, organized for themselves. The memorialists are
citizens of the United vStates. They express ardent attachment fi)r their native
land, and, in their perilous am' distressed .situation, they earnestly invoke the aid
:'.nd protection of their government. Tlicy represent that " the proud and power-
ful tribes of Indians " residing in their vicinity have recently raiseil "the war-
whoop and crimsoned their tonuihawks in the blood of their citizens" ; that they
apprehend that "many of the powerful tribes inhabiting the upper valley of the
Columbia have formed an alliance for the purpose of carrying on 'Hostilities against
their settkmenls " ; that the' number of the white population is far inferior to
that of the savages ; that they are deficient in arms and money, and that they do
not possess strength to repel the attack of so formidable a foe and protect their
families and property from violence and rapine." They coucUule t^dr appeal to

I84S

me, says :

; had before
itorial gov-
lly charged
ry element,
11 all its de-
avorable to

I adopted as
rovidc gov-
lieni should
ill thought-
[lent to the

conviction
was during
11.

niittee on
-iinitnt in
im most of
)ama, who
aecially to
f the peo-
lent. But
especially
Mlity.

II if it had
messenger
ess by the

action —
IS follows ;

which have

)vernor and

lorary gov-

have, from

orial'sts are

leir native

oke the aid

md power-

" the war-

, that Ihcy

hIU'V ol' the

ties against

inferior to

hat they do

rotect their

appeal to

1848

PROVISIONAL GOVKRXMENT.

4:^9

the government of the United States for relief by declaring : " If it be at all the
intention of our honored parent to spread her guardian wing over her sons and
daughters in Oregon, she surely will not refuse to do it now, when they are struggling
with all the ills of a weak and tcinporarj- government, and when perils are daily
thickening around them and preparing to burst upon their heads. When the en-
suing summer's sun shall have dispelled the snow from the mountains, we shall
look with glowing hope and restless anxiety for the coming of \-our la.vs and your
arms. ' '

In my message of the fifth of August, 1S46, communicating "a copy of the
convention of the Oregon boundary," I recommended to Congress that provisions
ehould be made by law at the earliest practicable period for the organization of a
Territorial Government in Oregon." In my annual message of December, 1846,
and again in December, 1.S47, that recommendation was repeated. The population
of Oregon is believed to exceed 12,000 souls, and it is known that it will be in-
creased by a large immber of emigrants during the present season. The facts set
forth in the accompanying memorial and papers show that the dangers to which
our fellow-citi/.cns are exposed are so imminent that I deem it to be my duty
again to impress on Congress the strong claim which the inhabitants of thai dis-
tant country have to the benefits of our laws and the protection of our government.
I therefore again invite the attention of Congress to the subject, and recommend
that laws be promptly passed establishing a Territorial Government, and granting
authority to raise an adequate volunteer force for the defense and protection of its
inhabitants. It is believed that a regiment of mounted men, with such additional
force as may he rai.sed in Oregon, will be sufficient to afford the required protec-
tion. It is recommended that the forces raised for this purpose should be engaged
to serve twelve months, unless sooner discharged. No doubt is entertained, with
proper incucements in land botintics, such a force can be raised in a short
time. Upon the expiration of their services many of them will doubtless desire to
remain in the country and settle upon the land which they may receive as bounty.
It is deemed important that provisicMis be made for the appointment of a suit-
able number of Indian agents to reside among the various tribes in Oregon, and
that appropriations be made to enable them to treat with the tribes, with a view to
restore and preserve peace between them and the white inhabitants. Should the
laws recommended be promptly passed, the measures for their execution may be
completed during the present season, and before the severity of winter will inter-
pose oljstacles in crossing the Rock}^ mountains. If not promptly passed, a de-
lay of another year will be the consequence, and may prove disastrous to the white
settlements in Oregon. JAMES K. POLK.

W.vsniNOTON, May 29, 1S4S.

After the bill passed the House it was sent to the Senate. In the
meantime the Senate committee on territories had reported a bill and
were discussing the same with a great deal of heat on the section in
regard to slavery, the South claiming congress had no right to legis-
late slavery out of the territory, which could only be .settled by the peo-
ple themselves when tlie_\- organized a state government. The North-
ern members claimed that the ordinance of 1787 and the Missouri com-
promise of 1S20 had settled the question, and congress could not legis-
late slavery' into any territory north of 36^30' without repealing the

440

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mv'-

compromise, and that if a master carried a slave into that territory he
would become free. During the debate Mr. Jefferson Davis offered the
following, to go at the close of the bill :

Resolved, That nothing contained in this act shall he so construed as to au-
thorize the prohibition of domestic slavery in said territory while it remains in the
condition of a territory of the United States.

Mr. Hale, of New Hampshire, then said he thought the proper
course would be to take the question on the amendment that he had
offered and withdrawn, and said he would move it when the bill again
came up. The following is the amendment :

That the inhabitants of said territory shall be entitled to enjoy all and singular
the rights, privileges and advantages granted and secured to the people of the
tenitory of the I'nited vStates northwest of the river Ohio by the articles of com-
pact contained in the ordinance for the government of said territory on the 13th
day of July, 1787; and shall be subject to all the conditions and restrictions and
prohibitions in said articles of compact, imposed upon said people of said territory ;
and the existing laws now in force in the Territory of Oregon, under the authority
of the provisional government established by the people thereof, and shall continue
to be valid and operative therein, so far as the same is not incompatible with the
principles and provisions of this act; subject, nevertheless, to be altered, modified
or repealed by the Governor or Legislative Assembly of the said Territory of
Oregon ; and the laws of the United States are hereby extended over and declared
to be in force in said Territory, so far as the same, or any provisions thereof, may
be applicable.

When the bill came up for consideration again Mr. Bright, of Indi-
ana, offered the following amendinent to section twelve. This amend-
ment was bottomed on the Missouri compromise.

And be it further enactcii, That in all the territories owned by the United
States, including Oregon, New Mexico and Upper California, which lie north of 36°3o''
north latitude, sla>.ery and involuntary servitude, otherwise than in the punish-
ment of crimes, whereof the ]:arties shall have been duly convicted, shall be and
is hereby forever prohibited ; provided al'vays, that any person escaping into the
same, whose labor or service is lawfully claimed in any State or Tenitory of the
Uniten States, such fugitive may be lawfully reclaimed and conveyed to the per-
son claiming his t>r her labor as aforesaid.

Mr. Calhoun made a vigorous protest against l>oth of the above
resolutions, and especially against the latter. Among other remarks
he said :

He admitted that congress had power. Whence was it acquired ? It apper-
tains to the power of acc|uiring territory. It is involved in, embraced in, the power
of acquisition. Thar, we have the power of ac(juiring territory he admitted. It
belonged to the war power. If any citizen differed with him as to the origin of
the power it was of no consequence. But it is the sole power in the territories. It
is not an absolute power. It docs not follow that absolute power is exclusive

1848

PROVISIONAL GOVERNMENT.

441

poner, therefore excluHive power is not absolute power. The power of congrsss is
not absolute in the territories. It is limited. Wc tire trustees to adtniuister the
benefits of government to the territories. .\11 trust powers are limited by the
nature and object of the trust. To whom docs the property belong; ? To the
United States. Who are the United States? The States in their sovereign and in-
dependent character. There is no right in the government of the Uuiteil States to
make a discrimination between the citizens of oncvState and those of another."

Mr. Underwood, of Keiittxcky, proposed to add the following to
Bright's amendment :

^' Provided further^ That the citizens of the United States emigrating with
their slaves, into any of the Territories of the United States south of said parallel
of latitude, shall be protected in their property in their slaves so long as the Ter-
ritory to which they immigrate continues under a Territorial government."

The disctission grew warmer everj- succeeding day, and it became
apparent that it was determined to settle the question, if possible, per-
manently. Mr. Mason said :

"The people of Oregon had undertaken to pass laws pur. I y conventional and
without authority, among which is the law prohibiting involuntary servitude in the
Territory, or in other words prohil.nling the introduction of slavt ry into that Ter-
ritory. It becomes us to uncover and defeat it. < )ur object sh>)uld be to defeat
the recommendation of the committee. The ordinance of 17S7 was a compact
formed between the United States (government and tbt i)et)ple in jiosscssion of the
Northwest Territory, Vieforc tlie Constitution was tormcd. The history of the or-
dinance is shrouded in secrecy as the journals were never made public. * *
The first slaves were brought to Virginia in 1620 by a Dutch vessel, and were sold
as merchandise ; and this was done witli the knowledge and consent of the British
crown. This proves that it requires no special legislation to institute slavery, but
it must require a special law to aljolish it. Tlierc was no law originating under the
present Constitution, until 1820, which interfered with the right of the owner of a
slave to earn' his property with him into any State of the Union. Congress has
never undertaken anything more than to regulate the subject in the admission of
any new Territory."

Mr. Jefferson Davis said :

"As tr the introduction of .slavery into (Oregon, no southern Senator had ever
asked it. The fact that the slave is property, which its owner may carry with him
into any part of the Union, was whai they were desirous of seeing recognized. H€
spoke depreciatingly of the persons wlit; had assumed in <;)regoii tl' ' to make

laws for the Territory, conten<liug that 'he\ were witjaont qua), !i- ?i , the

task. They were far inferior in intelliirt^ice, in morals, and in persoual wealth, to
the population Iving south of the Oregon boundary. » * * 3,-^ \{ rjothing,
woukl satisfy the North short of the desirucMo: f thi- - itution, tiiei was the
time for dissolution come; but: let us aewirati ;dwithi goot feelings

towards ca'^h other. Let not the hattleffleldb o* -six isamury be =• ''!the

blood of brother tightmg agaiusi. brother "

Mr. Clavton, of Deiawar*^. -ssiid a: it secm*-

~ the

442

ukown's political history

1848

Northern and Southern ^lenators to agree, he proposed and moved that
the subject be reccr.ini'.icted to a coniniittce of eight members to be ap-
pointed by ballot, four to be selected from the North and four from the
South, and if nothing can be t^ffected after the committee reported at
this session, to transact the ordinary business and go home.

The next daj- the resolution was adopted and the following were
chosen : Mr. Clayton, of Delaware, chairman. Bright, of Indiana,
Calhoun, of South Carolina, Clark, of Rhode I.sland, Atchison, of
Missouri, Phelps, of Virginia, Dickin.son, of New York, Underwood,
of Kentucky. Five days afttrw.-irds the committee presented a bill as
a select committee on Territories to organize the territories of Oregon,
California, and New Mexico, and contained thirty -six sections, the first
twenty to Oregon alone. Mr. Clayton said that the committee had
worked hard and endeavored to be as harmonious as possible :

" Tlie 1 2th section in the bill reported, is similar to that reported liy the ft)rmer
committee on Territories with some sli>^ht modification. The second rendered
valid the laws now in force in Oregon, subject to change by the legislative body of
the Territory, if not incompatible with the Constitution qf the United States. Ore-
gon to send one Delegate to Congress. Such power is not conferred on New Mex-
ico and California. In the committee all other mixles of compromise entirely failed.
The compromise line of 36° 30' was voted down in committee, in every form it
could be offered. To show how this line would have operated, he referred to a re-
turn from the Cowimissioner of the (Teneral Land office, giving tlie superficies of
the new .States and Territories. Lying north of latitude 36° 30', there are 1,599,240
square miles, or 1,023,315,080 acres ; south of latitude 36° 30', there is only 262,729
squart miles, 168,146,560 acres ; so that the territory norili ol the line will be four
times as much as the territory south of it. Some members proposed as a basis the
compromise line of 36° 30' ; but it was opposed. He felt himself standing between
North and South, and standing ready to conciliate 1)etween both. The area about
as large as that of one-third of all Europe, and capable of sustaining, sooner or
later, the population of a mighty empire."

Mr. IMiller, of New Jersey, slated his objections to the triple alliance with the
two new Territ<jries. " These new Territories were scarcely a month old with the
Territory of Oregon, Oregon was a native born Territorv, and why was she in out-
set brcnight into such connection ? He understood the character of the people of
Oregon, who were mostly emigrants from our own States, but he did nut know the
character of the prople of California and New Mexico. He was prepared to give
assent to a governmeit for the former, but not prepared to give a government to
the oihers. * ' There was a sort of an understanding that Tex.-is.ind Oregon

should be admitted together — Oregon as a free, Texas as a slave State. Texas was
admitted, and Oregon was kept knocking at ourdoors until arrangements could be
matured for admitting her on the same footing."

After several days debate, the liill passed the Senate July 27th t'fter
a continuous .session of twenty-one hours. The House very promptly
laid th4- bill on the table by a vote of 112 to 97, and there it died.

1848

IS48

PROVISIONAL GOVERNMKNT.

443

ivedthat
to he ap-
from the
)orted at

ing were
Indiana,
lison, of
lerwood,
a bill as
Oregon,
, the first
ittee had

the former
1 reiidored
ve body of
tales. Ore-
New Mex-
rely failed.
jry form it
red to a re-
oerficies of
e 1,599,240
'y 262,729
11 l)e four
basis the
g between
irea about
sooner or

with tiie
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l)eo]3le of
know the
td to give
'riinuMit to
nd Ore.i^ou
Texas was
Is could be

7th ;'fter
promptly
ied.

The House Ijill was received in the Senate, August 3, 1848, and
after some disctission, Mr. Badger, of North Carolina, moved that the
bill be indefinitely postponed, and a vote being taken resulted, yeas i,
nays 47. It was then referred to the committee on Territories. Mr.
Douglas reported the bill back to the Senate, and it was immediately
met with the usual hostility, especially in regard to the slavery section.
Mr. Butler, of South Carolina, said :

"That the establish v-cnt of governments in the Territories of California . nd
New INIcxico, ought to have been embraced in this Oregon bill. He ilisapproved
of this policy of giving special protection to the Territories north of the Missouri
Hue of compromise, and giving to the North all that valuable portion of the I'nion.
* * * jjg would tell the Senate that his advice to the constituents would be
to goto these new Territories with arms in their hands, to go as armed comnumi-
ties, and take possession of the lauds which they had helped to actjuirc, and see
who would attempt to dispossess them. Would the military force of the United
States shoot down the plowman at his plow ? So help him God, he would so ad-
vise his constituents, to take with them their property there, and settle at all
hazards."

Mr. Calhoun was the acknowledged leader of the Southern Sena-
tors, the keenest and most subtle, and looked to for their policy of ac-
tion. Speaking of the dissolution of the Union, he said :

"He believed, if the great struggle should come, the calamity will not fall
the heaviest on the South. In the North, the divisions were so numerous as to keep
the people distracted and disunited. While in the South all were united. He ad-
mitted that the vSouth was poor in comparison with the North ; but if slaveiy had
impoverished the South, had it impoverished the North ? Slavery had benefitted
all mankind — all countries but the South. Slavery like the waters of the Nile, had
spread its fertilizing influences over all the world. It had benefitted all but the
Southern plaiUer,who had been the tutor, the friend, as well as the master of the
slave, and had raised him up to civilization. And the South had made great con-
cessions to the North for the purpose of cementing the Union."

Mr. Webster, of Massachusetts, said :

" He (Uily spoke for himself, he diil not speak for the North. He did not know
what the North is, or where the North is. He had been among the earliest to op-
pose the acquisition of tbreign territory. He was not apprehensive of disunion.
He never contemplated its possibilities. He was not one of those who accustomed
themselves to speak of such a contingency. He believed there was a disposition
everywhere tiJ support the Union, and that five out of six of our citizens would
be glad to give back the new Territories we had acquired."

Mr. Foote, moved that the bill be laid on the table, j-eas, 15, nays,
36. Various amendments were offered; some withdrawn and others
voted down, and the debate became very general, and finally passed at
12 (/clock, midnight, Aug. loth, 1848, and the next day was brought
up in the House for concurrence to the Senate's amendments, in which

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444

brown's political history.

1848

the House voted down every amendment proposed by the Senate, and
that body was so informed. When the bill again came up in the Sen-
ate, Mr. Renton moved that the Senate recede from its amendmetits.
Mr. Mason moved that the bill and amendments lay on the table, yeas,
18, nays, 32. Mr. Benton renewed his motion to recede and said :

" Froui tlie first he had been opposed to clogging Oregon with California. lie
wished to see Oregon go through herself. When the subject was referred to a select
conunittce of eight, a bill had been brought in, constructed for the purpose of con-
ciliaLingdifference of feelings. He had not approved of that bill ; but he had always
determined to vote for it. He had not impeded its progress by interposing a single
word. He gave his vote for it, while he disapproved of it at the same time. Then
there came up the adjustment on the parallel line of 36° ;,o'. He was extremely
reluctant to vote for that measure. Oregon was 400 miles distant from the nearest,
and nearly a 1,000 miles from the remotest point of California ; and there was no
rule which applied equally to both. Still he had voted for that bill, in order to put
an end to the question ; and on similar grounds he had given his vote for the Ore-
gon bill. That bill had been sent to the House, and had been returned from the
House with the Missouri Compromise stricken out. He thought he had done
enough to secure concilation and compromise, he had done enough when he
consented to attach California to Oregon. Oregon was now in a deplorable
condition. A few years ago we were ready to fight all the world to get posses-
sion of her ; and now we were just as willing to throw her away as we were
then to risk everything for her possession. She is left without a government,
without laws, while at this moment she is engaged in a war with the Indians.
There were i2,cxx)or i5,o<30 persons settled there who had claims on our protection.
She was 3,000 miles from the metropolitan seat of government. And yet although
she had set up a provisional government for herself, and this provisional govern-
ment had taken on itself the enactment of laws, it is left to the will of every indi-
vidual to determine for himself whether he will obey those laws or not. She has
now reached a point beyond which she can exist no longer. .She can work along
no further. The war hereafter will not be between whites and Indians ; it will be
a conflict between whites and whites. It will become necessary that every dispute
shall be settled by a resort to arms. Can this Senate satisfy itself that it will have
performed its duty, while it sits with folded arms, and declines to do anything?
It is a duty, solemn obligation, enforced by the awful solemnity of our oaths,
which we cannot avoid without a violation of that duty. He held it to i)e our
bounden duty to provide a government for Oregon ; and he would not, so far as he
was able, permit the bill to establish that government, by putting a weight of ex-
traneous matter on it, to sink it down. Florida had been permitted to come into
the Union, notwithstanding the slavery question. He had been taunted in debate
with having relaxed his zeal for Oregon at one time, and increasing it at this time.
For thirty years he had itrged the claims of Oregon, and with equal zeal he urged
them now. He reminded the Senate of a letter which he wrote a year and a half
ago, in which he had treated of the scheme formed for keeping Oregon out of the
I'nion.

This motion of Mr. Benton's was violently opposed by Calhoun,
Barrien. Mason, Butler and Turney, while Senator Houston wartuly
supported it. Senator Foote stated he could speak two entire days and

1848

PROVISIONAL GOVERNMENT.

445

nights without any great inconvenience to himself. The debate was
continued until after 9 o'clock A. m., Sunday morning, and was closed
with a speech by Mr. Foote, and a vote being taken after all the amend-
ments were receded from, the 1)ill passed as a law at 9.30, a.m. August 13,
1S4.S, and Senator Benton went home that morning proudly conscious
that he had accomplished one of the greatest acts of his life, in having
Oregon, whose interests he had guarded for years, organized as a Ter-
ritory. The enemies of Oregon had one more chance to defeat the bill
— or rather prevent it from becoming a law, and that was the passing
of a resolution authorizing the suspension of the 17th joint rule which
forbids bills being presented to the President on the last day of the
session, so as to permit the Oregon bill and all other bills which had
passed or might pass, to be sent to the President. This rule was sus-
pended in the Hou.se and the Senate immediately informed of the ac-
tion and their concurrence asked. Mr. Miller, of New Jersey, had sub-
mitted the same resolution in the Senate, and whilst in the midst of a
heated debate, the notification was received from the Hou.se. The next
move was to "strike out the Oregon bill," but it was voted down
amidst con.siderable wrangling, and at 10:30 o'clock the resolution was
adopted and the Southern members were defeated.

The President sent the following .special message to the Hou.se ap-
proving the bill which was read only a short time before it adjourned.

THE PRESIDENT'S SPECIAL MESSAGE.

To the House of Representatives of the United States :

When the President has given his official sanction to a bill which has passed
Congress, usage requires that he shall notify the house in which it originated of
that fact. The mode of giving this notification has been by an oral message
delivered b>- his private secretary. Having this day approved and signed an act
entitled "An Act to establish the Territorial Government of Oregon," I deem it
proper, under the existing circumstances to communicate the fact in a more solemn
form.

The deeply interesting and protracted discussions which have taken place in
both Houses of Congress, and the absorbing interest which the subject has excited
throughout the country, justify, in my judgment, this departure from the form of
notice observed in other cases.

In this communication with a co-ordinate branch of the Ciovernment, made
proper by the considerations referred to, I frankly and without reserve, express the
reasons which have constrained mc not to withhold my signature from the bill to
establish a government over (3regon, even though the two Territories of New
Mexico and California are to be left, for the present, without governments. None
doubt that it is proper to establish a government in Oregon. Indeed it has been
too long delayed. I have made repeated recommendations to Congress to this
effect. The petitions of the people of that distant region have been presented to
the government, and ought not to be disregarded. To give to them a regularly

wr^«m

11 !i''

U iS

•5 'Sit

446

brown's political history.

1848

or^^aiii/etl j^overmiuMit and the protection of our laws, whiili as citizens of the
I'nited Stales they claim, is a lii^h duty on our part, and one which we arc bound
to perforin, unless there he controUinjj reasons to prevent it.

In the jiro^rcss of all governments, rjucslions of such transcendent importance
occasionally arise, as to cast in tlio shade all those of a mere parly cha'acter.
Hut (me such (piestion can now be agitated in this country ; and this may enilanger
our glorious rnion, the source of our greatness and all our political blessings.
This (jucstion is slavery. With the slaveholding vSlatcs this (iocs not embrace
merely the rights of property, however valuable; but it ascends far higher, and
involves the domestic peace and security of every family. The fathers of the
Constitution— the wise and patriotic men who laid the foundation of our institu-
tions — foreseeing the danger from this (piarter, acted in a spirit of compromise and
mutual concession on this dangerous and delicate subject ; and their wisdom ought
t - be the guide of their successors. Whilst they left to the vStatcs exclusively the
question of iloniestic slavery within their respective limits, they provided that
slaves who might escape into other .States not recognizing the institution of
slavery, shall be delivered up on the claim of the party to whom such service
or labor may be due. Upon this foundation the matter rested until the Mis-
souri question arose. In December, i<St9, application was made to Congress by
the people of Missouri Territory for admission into tlic Union as a State. The
discussion upoii the subject in Congress involved the question of slavery, and was
prosecuted with such violence as to produce excitement alarming to every patriot
in the Union. But the good genius of conciliation which ])residcd at the birth of
our institutions finally prevailed and the Missouri Compromise was adopted.
The eighth section of the act of Congress of the 6th of March, 1820, to authorize
the people of tlie Missouri Territory to form a Constilutioii and a State Govern-
ment, etc., provides: "That, in all that territory ceded by I<*rance to the United
States, under the name of Louisiana, which lies north of the 36° 30' north latitude,
not included within the limits of the State contemplated by this act, slavery and
involuntary servitude, otherwise than in the puuishmcnt of crimes, whereof the
parties shall have been duly convicted, shall be, and is hereby, forever prohibited.
Proz'idcd, always, That any person escaping into the same, from whom labor or
service is lawfully claimed in any State or Territory of the United States, such
fugitive may be lawfully reclaimed, and conveyed to the person claiming his or
her labor or service aforesaid."

The Missouri question had excited intense agitation of the public mind, and
threatened to divide the country into geographical parties, alienating the feelings
of attachment which each portion of our Union should bear to every other. The
compromise allayed the excitement, tranquilized the popular mind, and restored
confidence and fraternal feeling. Its authors were hailed as public benefactors. I
do not doubt that a similar adjustment of the questions that now agitate the public
mind would produce the same happy results. If the legislation of Congress on
the subject of the other Territories shall not be adopted in a spirit of conciliation
and compromise, it is impossible that the country can be satisfied, or that the most
disastrous consequences shall fail to ensue.

When Texas was admitted into the Union, the same spirit of compromise
which guided our predecessors in the admission of Missouri, a quartei of a cen-
tury before, prevailed without any serious opposition. The "joint resolution for
annexing Texas to the United States," approved March i, 1845, provides that,
" such States as may be formed out of that portion of said Territory lying south of
36° 30' north latitude, commonly known as the Missouri Compromise line, shall be

l84>i

184S

PROVISIONAL (lOVURNMKN'T.

44:

H of the
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admitteil into the Tuion with or without slavery, as the j)eople of each .State ask-
ing admission may desire. .\nd such State or States as shall be formed out of said
territory north of the Missouri Cnmpromisc line, slavery or involuntary servitude
(except for crime) shall be prohibited." The Territory of Oregon lies far north of
36° ,"^0', the Missouri and Texas Compromise line. Its southern houmlarv is the
parallel of .\2°, leaving the intermediate distanci- to be .^;,o geographical miles.
And it is because the provisions of this bill are not inconsistent with the terms of
the Missouri Compromise, if extended from the Rio (irande to the I'acilic ocean,
that I have not felt at liberty to withhold tny sanction. Had it embrarcil terri-
tories south of that compromise, the (piestiou presented for my consideration
would have been of a far different character, and my action upon it must have
corresponded with my conviction.

Ought wc now to disturb the Missouri and Texas Compromises? Ought we,
at this late day, m attempting to annul what has been so long established and ac-
ciuiesced in, to excite sectional divisions and jealousies ; to alienate the people of
different portions of the Fniou from each other, anil to endanger the existence of
th.e Union itself?

rVom the adoption of the I'ederal Constitution, during a period of sixty years,
ourprogress as a nation has been withoutcxample in theaTiuals of history. Under
the i)rotection of a bountiful I'rovidence, we have advanced with great strides in
the career of wealth and prosperity We have enjoyed the blessings of freedom to
a greater extent than any other people, ancient or modern, under a government
which has preserved order, and secured to every citizen life, liberty and projierty.
We liave now become an example for imitation to the whole world. The friends
of freedom in every clime point with admiration to our institutions. Shall we,
then, at the moment when the people of Europe are devoting all their energies in
the attempt to assimilate their institutions to our own, peril all our blessings by
despising the lessons of exiiericnce, and refusing to tread in the footsteps which our
fathers have trodden? .\nd for what cause would we endanger our glorious ruion?

The Missouri compromise contains a prohibition of slavery througlumt that
vast region extending twelve and a half degrees along the Pacific, from the parallel
of 36°3o'' to that of 49°, and east from that ocean to aud beyond the summit of the
Rocky mountains. Why, then, should out institutions be endangered because it
proposed to submit to the people of the remainder of our newly acquired territory
lying south of36°3C)', embracing less than four degrees of latitude, the question
whether, in the language of the Texas compromise, they "shall be admitted (as a
State) into the Union with or without slavery." Is this a question to be pushed
to such extremities by excited partisans on the one side or the other in regard to
our lewly acquired distant possessions on the Pacific, as to endanger the Union of
thirty glorious States which constitute our confederacy ? I have an abiding confi-
dence that the sober reflection and sound patriotism of the people of all the States
will bring them to the conclusion that the dictates of wisdom is to follow the ex-
ample of those who have gone before us and settle this dangerous question on the
Missouri compromise, or some other equitable compromise which would respect
the rights of all and prove satisfactory to the diflferent portions of the Union.

Holding as a sacred trust the executi\e authority for the whole union, and
bound to guard the rights of all, I should be constrained by a sense of duty to
withhold my official sanction from any measure which would couflict with these
important objects. I cannot more appropriately close this message than by quot-
iug from the farewell address of the Father of his Country. His warning voice
can never be heard in vain by the American people. I die spirit of prophecy had

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1848

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distinctly presented to his view more than half a century ago the present distracted
condition of his country, the language which he then employed could noi have
have been more appropriate than it is at the present occasion. He declared :

"The unity of government which constitutes you now one people is also now
dear to you. It is justly so, for it is a main pillar in the edifice of /our real inde-
pendence, the support of your tranquility at home, your peace abroad, of your
safety, of your prosperity, of that very liberty which you so highly prize. But as
it is easy to foresee that from different causes and from different quarters much
pains will be taken, many artifices employed, to weaken in your minds the con-
victions of this truth — as this is the point in your political fortress against which
the batteries of internal and external enemies will be most constantly and actively,
though often covertly and insidiously, directed — it is of infinite moment that you
should properly estimate the immense value of your national union to your collec-
tive and individual happiness ; that you should cherish a cordial, habitual, and
immovable attachment to it ; accustoming yourselves to think and to speak of it
as a palladium of your ])olitical safety and prosperity ; watching for its prcserv a-
tion with jealous anxiety ; discountenancing whatever may suggest even a suspi-
cion that it can in any event be abandoned, and indignantly frowning upon the
first dawning of every attempt to alienate any portion of our country from the rest,
or to enfeeble the sacred tics which now link together the various parts.

" For this you have every inducement of sympathy and interest. Citizens by
birth or choice of a common country, that country has a right to concentrate your
affections The name of America, which belongs to you in your national capac-
ity, must always exalt the just pride of patriotism more than any appellation de-
rived from local discriminations. With slight shades of difference, you have the
same religion, manners, habits and political principles. You have, in a common
cause, fought and triumphed together. The independence and liberty you possess
are the work of joint councils and joint efforts, of common dangers, sufferings and
success.

" With such powerful and obviou-^ motives to union, affecting all parts ot our
country, while experience shall not have demonstrated its impracticability, there
will always bt reasons tu distrust the patriotism of those who, in any quarter, may
endeavor to weaken its bonds.

"In contemplating the causes which may disturb our Union, it occurs as a
matter of serious concern that any ground should have been furnished for charac-
terizing parties by geographical discriminations — S'oytheru and Sdiiihetu, . Ulantic
and IVesteru — whence designing men may endeavor to excite a l)elief that there is
a real difference of local interests and views. One of the expedients of party to
acquire influence within particular districts is to misrepresent the opinions and
aims of other districts. Von cannot shield yourselves too much against the jeal-
ousies and heartburnings which spring from those misrepresentations. Tliey tend
to render alien to each other those who ought to be bound togctlier by fraternal
affection." JAMES K. POLK.

Washington, August 14, 1848.

Officers of the Provisiaunl (xovernmcnt. — 1S4-S,
(jovcrnor, (IcDrj^e Abernethy : Secretary of Territory, Sain'l M.
Holderness;' TrcHSurer, John H. Couch; Auditor of Public Accounts,
Geo. W. Hell ; Attorney General, A. L,. L,;)vejoy ; Territorial Aud-

1848

distracted

noi have
ired :
» also now

real inde-
1, of your
;e. But as
tcrs much
s the con-
inst which
d actively,
t that you
•our collec-
bitual, aud
speak of it
ts prcser\ a-
k-en a suspi-
^ upon the
om the rest,
s.

Citizens by
iutrate your
lonal capac-
Dellation de-
)U have the
1 a common

you possess

fferiuKS and

jiarts ot our
ibility, there
[uartcr, may

occurs as a

f(3r charac-

«, . Itlaiitic

that there is

s of party to

ipinions and

1st the jcal-

rhey tend

)y fraternal

^:. roLK.

.s.

, Sam'l M.

Acaniina,

jri.'il AikI-

1848

PROVISION AI, r.OVKKNMKNT.

449

/f or.Theopliilus Maj^riulfr; Jndf^v of Supreme Court, J. Quinn Thorn-
ton ; Mnrsli/il, 11. M. Knighton; Judij^v of Circuit Court, A. A.
Skinner.

Officers oftfic Uuitcd States in Orcj^ou.-

Aj^ent of I*ostofficc Department, Cornelin.sCiilliani J'ostmnster
{It Orcfion City, Davitl Hill: Postmaster nt Astoria, John M.
Shively ; Indian Ai^ent, Charles K. Pickett.

The discovery of gold in California shortly after the close of the
Cayuse war cansed great excitement, which is mentioned more partic-
ularly further on. Nearly half of the members of the Legislature left
the Territory, and when that body niel at Oregon City, December 5th,
there was no (juorum. In a few days however, a sufficient number of
members arrived, and an organization was efTecled by electing Ralph
Wilcox. Speaker: W. (). T'Vault, Chief Clerk: and Wm. Holmes,
Sergeant-at-arms. The following memi)ers had resigned or left the
Territory : Clacl<amas, A. h- Lovejoy, J. I,. vSnook : Tu/ility, P. H.
Barnett ; Cluunpovu; Robert Newell : Polk, J. W. Nesmith, O. Rus-
sell. Kveu after the organizatitju, the members were .so demoralized,
that as the new mctnbers had not been elected, the lyCgislature ad-
journed on the 13th of December, to Febrtiary 5, 1849. On that date
the Legislature met and the following members were present or had
been elected since the adjournment : lienton, J. C. Avery ; Cham-
poeg, W.J. Bailey, Samuel Parker, Wm. Portius : Clackamas, d. L.
Curry, M. Crawford, A. P\ Hedges ; Clatsop, John Hudson : Linn,
H. J. Peterson, A. Cox ; Polk, Jesse Applegate ; Tuality, Ralph Wil-
cox, David Hill, S. R. Thurston ; Yamhill, A. J. Hembree. L. A. Rice,
W. J. Martin ; Vancouver, A. L. Lewis. Mr. Wilcox resigned as
speaker and L. A. Rice was elected to fill the vacancy.

The (rovernor's message being the last under the Provisional Gov-
ernment, is given entire :

GOVERNOR'S MRvSSAGE.

I'Ri.l.ow CiTizUNS: Vou are ome more assembled in your legislative oajtac-
ity under the I'rovisioii:il (i')vernmenl of ()rej.jon. The proclamation issued for
the purpose of convening tlie Legislature at this time as ou are well aware, was

1 Or. Jolni K. T.otiK, was elected Secretary of Territory, Jiuie, iH.)6, but was drowned tlmt
year in tlie Clackamas river. I'redei iik l'ri>;n was appointed lo till the vaiam \ , Init iiift his death
ill the same uireaiu in is.j;, tlu-ii Samuel M. Holdiriicss was ap|iointcd and served niuil the oixani-
/atioii of the Territorial ('•overniiient, March ,\. is^y.

2 The above officers ol the Uiiilrd Slates, I takel iOiil the < ireijoii Almanac pnljlished at Oicjjdii
City, 1H4S.

ii ;

II >

450

hrown's political history

1848

jl;;:

.).;■■

for the piirj)ose of Iransacliiif^ the business that should have l)een done at the reg-
ular sessiou, l)Ul which was not attended to in coiiscciueuce of their not heinj^ a
sufiiiient number of the members present to form a (juorum. At that time there
was no certainty of a Territorial >^overnment havinj^ been organized for the Terri-
tory of ( )rej{oii b\- the Conj^ress of the Inited States. Sini'e tliat i)eriod, we have
rcreived information lliat our Territory has been provi<led for; that the officers
necessary to eary on the jfovernment have been appointed and are now on the way
to this Terrilor\, and no doubt will soon be in onr midst. This entirely chanj^es
llu- aspect of affairs, and jilaces us in a far ha])pier position than the one hitherto
occupietl by us as a people ; we will take rank with our sister Territories, and I
have no doulit will soon be a<lmitted as one of the States of the I'nion. Orej^on
will make rapid striiles under the protecticm of the stars and stripes, and I trust the
wisdom of our legislative bodies will be apparent in the right direction given to her
steps.

The most important business that will come before you at this session will be
that connected with the late Indian difficulties. I am happy to inform you that
through aid of the Territory to go in pursuit of the murderers and their allies, and
of those who contributed so liberally to the support of our fellow-citizens in the
field, the war has been l)rought to a successful termination. It is true that the
Indians engaged in the massacre were not captured and punished ; they were
however driven from their homes, their country taken possession of, and they
made to understand that the power of t)ie while man is far superior to their own.
The Indians have a large scope of country to roam over, all ()f which they were
well actpi linted with, knew every pass, and by this knowledge could escape the
])unishmcnl they so justly merited. In view of this, the troops were recalled and
disbanded early in July last, leaving a small force under the command of Captain
Martin to keep possession of the post at Waiilatpu until the middle of September,
when the time for which his men had enlisted had exj)ired. He, however, before
leaving, sent a party to l)ring in the lost company of emigrants.

The appearance of so many armed men among the Indians in their own country
had a very salutary effect on them ; this is seen by their refusing to unite with the
Cayuse Indians, by their profession of friendship to the Americans, by the safety
with which the immigration passed ihrough the Indian country the past season.
I leretofore robberies have been committed and insults ofTered to Americans as they
would pass along, l)ur(lcneil with their families and goods, and worn down with the
fatigues of a long journey, and this was on the increase. Each successive immi-
gration suffered more than the ])receding one; but this year no molestation was
otiered in any way. On thecoutrary, every assistance was rendered by the Indians
iu crossing rivers at a reasonable compen.sation. Having learned the power and
ability of the .\mericans, I trust the necessity of calling on our citizens to punish
them hereafter will be obviated.

I submit to you the report of the .\djutant-General, by which it will be seen
that the expenses incurred for the services of privates and non-commissioned offi-
cers, in acconlame with an act passiul Dccetubcr 2S, 1S.17, allowing one dollar and
fifty cents ])er day, amount to |i<>y,;ii '5" '■ '" addition to this will be the pay of the
officers and persons employed i n the several dep;utments connected with the army.
This will devolve on you to arrange during your present session ; until it is done
the total expenses of the war i antiot be ascertained. Accompanying the report you
will find the report of the Commissary and (juartermaster-Generars department.
One thitig connected with the war department needs attending to. It is well
known that the v<jlunteers endured muih fatigue and hardship and suffered many

1848

L the reg-
l l)ein>; :i
ijiic there
he Terri-
, we have
jc ofticcrs
I the way
^ chanj^es
t hitherto
ies, and I
Orpj<on
I trust the
veil to her

m will be
1 you that
allies, ami
;eiis iu the
le that the
they were
, and they
their own.
they were
escape the
icalled and
of Captain
September,
ver, before

m\ country
te with the
the safety
last season,
ans as they
vM with the
sive iinnii-
station was
he Indians
power and
s to punish

vill be seen
ssioncd ofli-
; dollar and
e pay of the
h the army.
:il it is done
c report you
lepartnienl.
It is well
fercd many

184S

PROVISIONAL GOVKRNMKNT.

4.SI

privations while prosecuting the war, and as many of them wish to avail them
selves of the funds due them to supply tlieir immeiliate warns, 1 recomuiciul that
a law be passe<l autlii>ri/,in^( sorij) to be issueil, redeemable as early as possible, for
the aniomit due each indiviflu il, and bearing interest until i)aid. It h.is heeu sup
posed that tbe United States government would p i\ the expenses of this war, and
I sec no reaton to doubt it as it was entered into for the protection of American
citizens. This will imluce persons to {)urchasc the scrij) and cti.ible the holders to
realize something for their services.

livery effort was made by me after the I)reaking out of these diHicultics to got
letters to California, asking assistance from Crovernoi Mason. The earliest con-
veyance by which I could forward letters was the brig Henry, in March. My the
return of the t/iuiy, in August, a liberal supply of ordinance and ordinance stores
were received from California, though not in time for the lati- cam])aign ; slill,
should any difficulty occur hereafter it places in our hands the means of defense.

* * To strike out the word " regul.ite " and insert the word " pro-

hibit " in the clause relating to the sale of ardent spirits. The last amendment
came before the peoj)lc for a direct vote, and I am lia])py to say that the j)eople of
this Territory decided through the ballot-box bj* a majority of the voles given that
the word " jjrohibit " should be inserted. This makes the <|ueslion a very easy one
for you to decide up< n. This is destined to l)e a very wealthy portion of the Itiiled
States, and if to this we can add the most temperate, nothing will ]h event our
rising and becoming a valuable accjuisition to the I'liion.

I would call your attention to a law passed at the last session of the legislature
entitled "An Act to Prevent the IntrcKluction of iMrearms .^mong the Indians."
As many of the Indians live by hunting, ami a small (juantity of powder and lead
is actually necessary to provide lor their wants, 1 think the law should be modified
so as to permit the sale of posvder and lead to friendly Indians.

A communication is about to be opened with the Eastern States, through the
agency of the steamers, that will tend very much to the advantage of the Terri-
tory. Every facility we can offer them will lielj) us. Coal in large quantities will
be required for their use. This article is, no doubt, abundant in this Territory,
and if any way could be devised by which supplies from ditTerent portifuis of the
country could be procured and forwarded to their agents, in order that the different
(pialities could be testeti, it would tend to benefit us. If we have coal of the right
description so located that it can easily be j)laced on the banks of »he Columbia
river, there is no doubt that the Columbia river will become its p. i..cipal ilcpot.
The dangers that have been thrown around the mouth of our river will v.iuish on
their first entering, and the dreaded bar will soon be forgotten.

As the probability is that the legislature of Oregon will convene at no distant
day, under the new government, when the laws passed will have more permanent
basis to rest ui)on than at present, I would recommend that after the indispensable
business of the session is attended to you adjourn.

In closing, permit me to unite with yon in an expression of thankfulness to

<mr Creator for the many mercies 1>estowed on us during the past season, among

which may be enumerated an abundant harvest and the blessings of health May

we look to Him for guidance and direction in the discharge of our several duties.

OKBC.ON CiTv. Eebrnary .s, iS4y. GEO AHKRNKTMV.

AlttT tlic messagi' was ii-ad tlic k-gislaltirc atli-iKk'd in i-anu'sl to
the Ittisiiifss l)et'«iiv ii, ami calletl upon tlu- srvrtal (it*i)ailiiniits lin

1:11

._>

452

BROWN .S I'OIJTICAL HISTORY.

1848

')
H

their reports, which call was very jjeiierally responded to. TIiifcMlii-
iiately, most of these documents must have been destroyed in the burn-
ing of the capitol l)ecend)er 2c), 1.S55. All that are attainable arc-
inserted in their jjroper place.

The law prohibiting the sale of firearms, powder and lead to Indi-
ans was repealed. The following territorial and judicial officers were
elected: Supreme Judge. A. J. Lovejoy ; Circuit Judge, Wm. J.
Matlock; Secretary of Territory, Theophilus McOruder ; Treasurer,
Wm. K. Kilborn ; Auditor, J. G. Cam])bell : Marshal, Wm. II. Ben-
nett ; Superintendent of Indian Affairs. A. L. Lewis.

During this session a bill was passed providing for weighing and
stamping of gold — the vote was 16 to 2. Mr. M. Crawford entered a
]irotest on the journal, stating that he thought it contrary to the con-
stitution of the United States ; that he believed an officer of the United
.States would soon come who would prohil)it lheo])eration of the mint :
and he thought it inexpedient to pledge the faith of the territory for
the amount nece.ssary to jnit the mint in operation when it would be
discontinued immediately upon the arrival of an oflicer from the United
States. Mr. W. J. Martin also entered a protest similar to the above.

The reported discovery of rich and extensive gold mines, as before
mentioned, in California, threw the people of the territory into greater
excitement than ever. The people who had immigrated to this coast
had come to establish homes and build up the country on the same
principle that the Western states had been settled. They were frugal
in their mode of living, their wants were few, and these were gradu-
ally being supplied and augmented by the develoi^ment of the natural
resources of the country. No thought was entertained of sudden and
immense fortunes. Wheat was the currency at one dollar a l)ushel,
and that was the price of a day's labor. Horses and cattle were cheap
and increased rapidly, recjuiring but little care. All was now i)eace
and tranquility among the ])eople. The inhabitants were hap])ier at
that period than they have ever been since, while looking forward to
the time when the home government would extend its a.'gis of protec-
tion over them. Hut how soon was this jieaceful, rustic condition
changed. The .schooner Houolulu arrived at Portland, and her com-
mander, Captain Newell, after purchasing all the pick.s and shovels he
could, announced diat extensive and rich gold " diggins " had been
discovered in California. This was at fir.st doubted, but on August
yth the brig Henry arrived from vSan l^Vancisco, not only confirming
the report, l)Ut bringing marvelous tales of the discovery by J. W.
Marshall, who had come to Oregon in 1844 and thence to California in

1848

Inforlu-
it* l)uni-
.blc arc-
to Ituli-
rs were
Wni. J.
easurer,
II. Ik'ii-

ling atul
iitcred a
the coii-
e Ignited
ne mint ;
itory for
AouUl be
c United
le above,
as before
o greater
his coast
he same
re frugal
gradu-
e natural
Iden and
bushel,
ire cheap
o\v peace
appier at
)r\vard to
Df protec-
condition
her coni-
hovels he
had been
1 August
)n firming
by J. W.
li forma in

1H4.S

I'KOVISIONAI, (iOVI'lKNMKNT.

\S^

1K46; also statemihls of Charles Hennett and »Steplien Sla:its, who
had gone to California in i>!47- -^^ three were well known to the cit-
izens of the valley. I insert the following, wliich gives a very fair de-
scrijHion of the effei'l ol tlu- news, and really contains more trutiithan
poetry.

l'"i()in tlic Oiig/in Sf>ri laliif.

CtJinc liitluT, Musi', and tell the lu'ws.

Nor he thou .. deceiver.
Hut sinjj ill plain poetic strain

The present "yellow fever."

Not long ago I laid me down

To rest in (juiel slumbers,
And whilst I slept I drcanie<l a dream

And coined it into numbers.

1 thought I saw on every hand

A niiphly congregation —
A heterogeneous mass of men

Of every name and nation.

And each pursued uith keen delight

Sonic h.onest occujiation,
Whilst rosy health, the lai)orer"s wealth,

I'"illed every situation.

And then I looked, and lo ! I saw
A Herald bright advancing —

A being from some other clime
On golden pinions dancing.

And as he ueared the mighty crowd
lie made this proclamation

In tones so clear, distinct and loud
It startled half the na'ion :

" Why do you labor here," he cried,
" I'or merely life and pleasure,

While just beyond that mountain gray
Ivies wealth beyond all measure ?

The road is plain, the way is smooth,
'Tis neither rough nor thorny ;

Come, leave this rugged vale and go
With me to California.

There wealth untold is bought and sold
And each may be partaker !

Where fifty tons of finest gold
Are <lug from every acre !"

At sound of gold lioth young and old

I'orsook their occu])atioii.
And wild confusion seemed to rule

In every situation.

An old cordvvainer heard the news.
And though not much elated,

He left his pile of boots and shoes
\\\(\ just evaporated.
V.winii,!,, \ov. 10. 1S4S

The coojier left his tubs ami pails,

His buckets and his piggins ,

The sailor left his yards and sails,

.\nd started for the "iliggins."

The farmer left his ])lough an 1 steers,
Th'- merchant left his measure.

The tailor dropped his g(K)se and shears
And went to gather treasure.

A pedagogue, attired incog,

Ge' e ear to what was state<l,
l'"orsook His stool, bestrenle i mule,

And then absquatulated.

.\ boatman, too, forsook his crew,

I et fall his oar and paddle,
And stole his neighbor s iron-gray,

Hut went without a saddle.

The joiner dropped his square and jack,

The chapentcr his chisel.
The pedlar laid aside his pack

And all prepared to miz/le.

The woodman dropped his trusty axe,

The tanner left his leather,
The miller left his pile of sacks

.\nd all went off together.

The doctor cocked his eye askance,
The promised wealth descrying.

Then wheeled his horse and ofl he pranced
And left his patients dying.

The preacher dropped the Holy Hook
And grasped the mad illusion ;

The herdsman left his flock and crook
.'Vniid the wild confusion.

The judge c(msigned to cold neglect

The great judicial ermine,
Hut just which way his honor went

I could not well determine.

.\iid then I saw far in the rear

\ fat, ])urse-proud attorney
Collect his last retaining fee

And start upon his journey. ,

.\nd when each brain in that vast train

Was perfectly inverted,
My slumbers broke and I awoke

.And found the place deserted.

<). I". O.

I.Vl

MKOWN S I'Ol.rnCAl, HISTORY

IK|8

On tin.' rttiirn ol tlic st-ltk-rs of Orcj^on fr(»in tlif Califoniiii iniin-s,
llu\ hioii^ht willi tlicin a lar.nc amontil ol" .nold dust and it itntm-di
aU-l\ liicanK.' Uk- oir(iilalin.n nK<liuni. TIk- oid\ \va\ that its valiu-
roitld \>v approxiinaU'ly arrived at was hy \\c'ij;Iit on small apolhcrary
or . Hold scales. The ^;old diisl contained a larj;e |)ercentaj;e of black
sand and other impurities that could not be se])arated in the then crude
mode of mininj;-, and the rulinji^ price was Si^^ fin outice. There soon
j^rew n\) a difference of opinion between the purchaser and seller as
to whether the transactions were e([uitable, the receiver claiming;
that the i:;o\d was not up to the correct, or accepted standard, while the
owner claimed it was worth more. Conseciuently gold and silver coin,
what little there was. commanded a premium. To obviate this diffi-
culty Mr. W'm. H. Rector, of Salem, conceived the idea of e.stablishing
a mint, and as the provisional legislature was then in .session at (Oregon
City he petitioned that body to pass a law authorizing a company to
assay and coin gold into ten and five dollar pieces. The legislature
l)assed the following law, which was api)roved February i6, 1M49, by
(lovernor Abernethv.

. /// . /(•/ /(> f>rovidr /or the IVeig/iins; and . Issayinii of Gold and Melting and

Stamping the saute.

WniCRK.xs, A large amount of gold, in dust anH particles, mixed with other
metals aiul impurities, is being brouglit to and bartered in this Territory, and
great impositions may be practiced upon the farmers, merchants, and community
generally of this Territory, by the introduction of sp.irious and impure metals,
and great irregularities may exists in the scales and weights useedby the different
individuals dealing in the said article ; therefore,

Section i. Beit enacted by the House of Represenlativex of Oregon Terri-
toi-y. That a place l)e established at ( )regon City for the weighing and a.ssaying of
gold, and melting anil stamjjiug the same; and that said establishment shall be kept
open daily, vSuiidays and holidays cxcepte<l, from 10 .\. M., till 4 o'clock i*. M., and
shall be under the superintendence, management and control as hereinafter provi-
ded.

Six. 2. There shall annually be elected by the House of Representatives, one
director, one assayer, one treasurer, one melter and one coiner, who shall severally
take the oath of office, and give bonds and security, to be approved by the Gover-
nor, pa\able to the Territory of Oregon, in the penal siun of thirty thou.sand dol-
lars each, for the faithful jjerformancc of the <Iuties herein assigned them, and who
shall receive as a compensation for their services per annum the sum of nineteen
hundred and ninety-nine dollars each, for the titne such officers shall be employed,
to be ])aid (juarterly out of the proceeils of the establishment created by this act.

.Sec. ;v vSaid director is hereby authorized and empowered, immediately after
being pro])er]y qualified, to ])ledge the faith of the Territory, and the net profits
or income arising from the establishment, to secure the necessary materials to put
the establishment in successful operation ; and he is hereby enjoined and em-
powered to devote so much of the first profits arising from the concern to the pay-

I84«

1848

I'ROVIRIONAI, (.OVRRNMKN r

455

miins,
nitiu'fli
s vmIiu-
)tlKoary
of black
ill crude
ere soon
seller as
:laiininK
.hile the
verroiu,
his (lifl'i-
iblishinK
t Oregon
i])any to
^islature
1.S49, by

•/linjl!^ and

villi other
ilory, ami
otnmunity
re metals,
e (iifTerent

ron Terri-
issayin^ of
^111)0 kept
V. .M., aiirl
iftcr provi-

ativcs, 011c
1 severally
the Gover-
lusand «lol-
1, and who
f nineteen
employed,
this act.

lately after
net profits
rials to put
d and eni-
to the pay-

nu'iit of llif iuccsr>;iry pxpiMidilnres iii'urri-d Uv the ptircli isf ol tlir ^iii'l materials
and i)Uttinj^ the esahiishnuMit in operation, as soon as tlie sanu' sliali roiiu- into the
treasury ; and his draft shall l)C \i\\oA on the treasurer for the amount, ll shall In-
the dut\ of tlie director to have a siijierintetiditiK control over tin- entire esl.ihlisli
nient, and to see that tlic provisions and rei|iiiri'mrnls of this art arc carried into
effect ; to conslai'lly review and inspect the several de|)arl!ncnts, and reipiire and
enforce their perfect etlicicncy ; to direct the operations of the several departments
where the same are not herein specially provided for ; and to piihlish (piarlcrly a
statement of the doings and condition of the eslahlislimenl l)y insertinj>{ in sonic
newspaper, if any there he puhlislied in the Territory, or in case there he no news-
paper printed in the Territory, ihen hy sendinj^ to the Clerk of the Counl\ Court
of each county a copy of their quarterly report, and annually report the same to
the Legislature.

She. 4. It shall he the duty of the assayer to wcij^li and nscerlain llic purity
of whatever fjold may be offered for sale to the establishment, before its purchase,
and, when the weight, purity, and worth of said gold is ascertained, to attest the same
and deliver the gold to the treasurer, with a j)roper cerlilicatc of the facts.

SpX". 5. It shall be the duty of the treasurer to purcliase such gold as shall
properly have passed the assaying lepartmcnt, allowing si.xteen dollars and fifty cents
per ounce for gold of virgin jjurity. or twenty-four carats in finencs.s ; he shall file
away the assayer's certificates, and keep a correct account of the receipts and dis-
bursements of his office.

Sec. 6. It shall be the duty of the nielter an<l coiner to melt and prepare the
gold for stamping, without the interposition or intermixing of any alloy whatever
with the said gold ; to stamp it in pieces sveighing five pennyweights, and ten pen-
ny-weights each, no more and no less, upon such dies as hereinafter described ; he
shall receii)t to the treasurer for all gold received in his (iepartment, and the treas-
urer shall receipt to him for all the stamped gold returned by him : and the value
of said coin shall be one dollar per penny-weight, and be a legal tender throughout
the Territory.

Sec. 7. The dies for stamping shall represent on one side the Roman figure
five, for the pieces of five penny-weights, and the Roman figure ten for the jjieces
often penny-weights; the reverse sides shall have the words "Orcgcm Territory"
and the date of the year of stamping around the face, with the arms of ( )regon in
the center.

Skc. S. All the disbursements of the establisliment, together with the pay of
the officers of the same, shall be maile in the -.tamped pieces hereby authorized,
and whatever remains of profits, after de lucting the expenses of said establishment,
shall be set apart to pay the public debt for an<l on account of the Cayuse war;
and the same shall be applied according to such regulations as may hereafter be
made by law.

Sec. 9. That so soon as this establishment shall bo ready lo go into opera-
tion, the Governor sh.dl issue a proclamation of the fact.

Skc. 10. Any individual weighing <jr pretending to weigh and stamp gold in
Itiis Territory, or stamping or pretending to stainj) gold, or sliall jiass or pretend to
pa.ss or attempt to circulate the same, when so stamjied, knowing the same to be
counterfeited or stanijjed without authority of this act, shall for each and every of-
fense f)r act of this kind, be fined for the use f>f the Territorj-, any sum not less
than one hundred dollars, and imprisonment for not less than one \e.'ir ; and any
individual o»- individuals, or any company, bodj- politic or corptjrate, counterfeit-
ing or using the arms, or i>ny part thereof, of this Territory, as a stamp or mark

k->

BKOWN S POMTICAI, HISTOKV.

IS,,

IS. ,.;*■

iipoM ,iiiy metal, fitlirr pure or adiilteratefl, shall br (Incd in any sum not less than
»()nc hundrcfl dollars, and imprisoned not less than one year for each oirensc, by
indictment in a court havinjj competent jurisdictio'i.

Skc. II. The criminal provisions of this act to take elTecl thirty days after
passa.^e, the balance to take elTcct from the date of a])proval.

Approved, l*'ebruary i6, 1.S49. J<. A. RICIv,

()Ko. Akhrnuthv, Speaker.

Governor.

The Lejj^islatiire immediately elected the following officers : James
Taylor, director; Truman P. Powers, treasurer; Wm. H. VVillson,
melter and coiner ; Geo. L. Curry, assayer. The company was com-
posed of the following representative men : Theophilis Magruder,
Wm. K. Kilborne, James Taylor, George Abernethy, Wm. H. Willson,
Wm. H. Rector, John (i. Campbell, and Noyes Smith.

Mr. Rector who was a man of considerable mechanical ingenuity,
was authorized to build the rolling mill, and furnish the dies and stamps.
He went to Salem and eniployed Thomas Powell, an excellent black-
smith, to do the forging. (Mr Powell is still living, and for a man
80 years of age very active. ) In a letter to the historian on the subject
written at his dictation, the writer says: "Thomas Powell was em-
ployed to do the forging at one dollar per pound for iron used. They
had considerable difficulty in obtaining the iron, but by using old
wagon tires and such .scraps as could be found, they eventually by
welding the pieces together, made a very good machine, for which he
( Mr. Powell ) received $60. Mr. Rector did the lathe work himself,
but Mr. Powell a.ssisted during the whole process and received $40
extra pay, although he did not e.xpect it, as he wished to see the work
go through. Mr. Hamilton Campbell did the engraving on the dies."
From a letter written by Mr. John P. Rector ( third son of Mr.
Rector's) the following extract is made on the .same subject : " Father
petitioned the Legislature allowing a company to coin gold dust ( that
was fast becoming the circulating meditnn of the country ), intcj bullion
in the shape of five and ten dollar coins ; it was granted, and a com-
pany was formed giving him the privilege of making the tnint. and also
the money. He went to work at once to make the machine which
gave him great credit in the opinion of the people. The work was
done in Salem, in the shop of Thomas Powell, a blacksmith ( whom
you will remember). He did the forging, father superintending all
the work. Father did all the turning in Jo.seph Watt's shop o'l Mill
creek, east part of Salem. Hamilton Campbell engraved the dies, and
he claimed to have the tools. I saw him put the engravings on the five
dollar dies ; if you remember there was a mistake in the order of the

184-'^

tH4.S

I'KUVISIONAI. C.oVlvKNMKNT.

157

itiilials, ' (). T.' IIk> were reversed and nad ' T. ().' this was a sourer
of great dissatisfaetioii to father, hut it recjiiired so much work to make
a uew die, that it was concluded to let it j;o. ( )n the completion of the
mint, father went to Orej^on Cily and coined all the gold dust that the
people brought in, charging a certain jier cent., hut I do not know
what that was. The company then met and ordered the dies destroyed,
and there was a committee of three appointed for that i)urpose. They
were ordered to throw them from a high rock that stands below the
falls at Oregon City. Whether they did so or not I do not know, as there
was some doubt in after years. The stamp I know nothing about."

The committee spoken (jf by Mr. Rector, did not throw the dies into
the Willamette river, as Hon. I). P. Thompson afterwards rented a
room of Mr. McKenzie, and in cleaning out the rubbish, he found the
dies and sent them to the vSecretary of State ( S. Iv. May ) to be kept
by the State, and they are now in the vault of that office. There is
also one $io piece kept at the same place. The author has seen the
dies several times and made impressions of them in block tin. The
rolling mill was sent out somewhere in Southern Oregon, but the lo-
calit>- is doubtful, probably Umpqua.

A great many inquiries have been made in regard to the amount of
gold coined, and the best information that can be obtained is, that
$30,000 were coined in five dollar pieces and $2S,500 in ten dollar
pieces — being $58,500. As small an amount as that now appears, it
was a great relief to the comnuinity, but as there had been a large
amount of gold and silver coin received in California from Mexico, and
some from Philadelphia, after the organization of the Territorial gov-
ernment, the necessity and legality for this institution pas.sed awa>'.
All this money was bought up b\- the U. S. Mint at San Francisco at
a premium, as it contained more gold than the standard value, there
being no alloy in the coin. On one side of the $10 pieces, around the
edge were the words "Oregon Exchange Company," and in the circle
" 10 I) JO O, tuitive gold ten D." On the opjiosite side half around
the edge were the letters " K. M. T. R. C.S." Underneath were .seven
stars and a beaver on a log. The reniainiler of the circle was an orna-
mental .scroll on each side of the date "1841;," and above, but below the
beaver the letters " O. T." On the $5 pieces around the edge was the
inscription "Oregon Kxchrnge Company, " in the center " 130 G na-
tive gold 5 ]).'" On the opposite side the letters in the same position
as on the $10 piece, as follows : " K. M. T. A. W. R. G. S." and the
remainder with beaver and date as the other piece. It will be noticed
that "A" and "W" are omitted on the $10 pieces, a discrepancy for

I.S«

HknWN S l'OI,lTl( Al, HIST«)KV.

1H4S

which I have never lifcii ablf In iiM-crtaiii the raiise. On tlie loriiier
piece is "C," while on the $^ piece is "(?," another discrepaiic)'.

R^:CAPIT^•^ATI()N.— I'ROVISIONAI, C.OVKRNMl'lNT.

KXKCUTIVK Committer.— David Hill, Alanson Heers and Joseph Gale, Im tn
July, lS|;v to July, 1S44.

r. (i. .Stewart, Osburn Russell and Alanson Heers, from July, 1S44, to July 1.S45.
GovF.RNOR.— ("rcorge Ahernethy, frotn July, 1H45, to March p,, 1.S49.

0; ,

mm.

We now come to le end of the first epoeli of the history of Orejifon,
the closing of the Provisional Ciovernment, a veritable "government
of the people and by the people." A government more peaceful, just
and equitable, than either of the two which have followed it. The in-
habitants of that day, or the few who still linger on the shore of time
often sigh for the days long gone when Oregon was new. They came
peacefully and took possession of their heritage, laying the foundation
broad and deep, of what at this writing are three prosperous States.
They did more — they as.sisted in aciiuiring. indirectly it is true, that
great State of California and adding it to the Union. • The jirime movers
in all this were Captain John A. Sutter, the patriotic Swiss, James W.
Marshall, thedi.scoverer of gold, the first State (fovernor, P. H. Burnett,
all going from Oregon. The hundreds of miners who went from this
Territory wielded no small influence in moulding the government of the
State. Now the time had come for the pioneers of the 30' s and the
40's to lay down the burden of self goverinnent. and on the evening of
Kel)ruary 16, 1S40, Speaker Levi A. Rice, according to a resolution
previously adopted, brought down the gavel and declared the Oregon
Legislature of the Provisional (fovernment adj(mrned sii)c die, closing
its time and hi.story, but the government went on until the following 3rd
of March, when Governor Lane assumed office.

Before closing this volume, I respectfully submit the assertion, that
I^nglish navigators never di.scovered one foot of the Northwest coast,
and that her claim as such, is unfounded on facts of history. The care-

iH4«

r.x.|S

l'k<»\ISI<iNAI, (.OVI'.KNMI'N'I'.

1.S9

laic, ( 'tn
July 1.S45-

fill reiukr nl the IdioKoiiiK piiKcs, I (loiihl not will hear im- oiil in llic
assertion ; altlionjjli, as far as I know, it has mvir helou' Ik'imi assi-rted,
cxti'pt hy tin- tak-iitcd Sccntarv ol State, jatnes Hnrlianan. Taking;
the antht-nlicatcd narratives of all the navi>;alors who lirsl sailiMl alotiK
the roast, coniniencinK with Juan Dc I'lica, down to Cray and Van
eouver, the preponderant of evidence is in favor of Spain north of the
Columbia river : and Gray's .1 covery of that river, with the Louisiana
purchase, gave to the United States the title to all the country, from
the northern boundary '^^ Lal'fornia north up to 54° 40', and should
now belong to the Uni d States, i will not attempt to go into l he
miinitiic of detail, but ask the reader to peruse carefully the historical
data and tiie diplonntical coiresj^ondeuce which is (|uite full and re-
liable.

Hoping that the reader has been entertained if not instructed, I will
close volume first.

Oregon,
ernnient
:ful, ju.st
Thein-
of time
ley came
undation
s States,
rue, that
e movers
anies W.
Burnett,
Tom this
Mitof the
i and the
•ening of
^solution
2 Oregon
', closing
wing 3rd

.ion, that
est coast,
f he care-

4^)(>

i;k()WN s roi.iTit ai, historv.

184 s

TIMKS AND I'LACJvS ()!• HOUMNT, COIRTS.
SUPXEMK COVIlT.
"•'"■ j- U'liiiii Tlioriiloii, Judjff. Oregon City, firit Moiiilay in June mikI Se])-
trnil)(,-r.

CIKCTIT C<trKT.

Hon. Alon/.o A. Skinner, Juliet.

Polk County — I'irst Monday in March an<3 Se{»teinh>cr.
Cliauipoic. County -vSccond Monday in Manc-h and Septetnbcr.
Yamhill County — Third Monday in March ami September.
Tualatin County — I'ourth Monday in March ^nd Septcml)er.
Clackamas County — I'irst Monday in Apr:] and October.
Vancouver Count)' — Second Monday in Aj^ril and October.
Clatsop County — Third Monday in April an-J October.
Lewis Count) — First Monday ni May and N«>vemV)er.

A'i/>> esriilati'iCS—
vS. R. Thurston
r. H. r.urnett -
Ralph Wilcox-.

KLRCTION <»F jrN'E. 1^48.

TU.\I..'^T1N COIJSTV.

Shfurf—

- 155 J. F. '.Viley

- - 1 29 Tnaihrrr —

195 J. W. Chambers

1 1

C1,ACK.\M.\S COiVXTV.

h'rprrscti/ii/ii'i's —

.\. S. Jwovejoy 16]

C. Iv. Curry 157

M.Crawford 77

J. P. Rogers -- .S7

Wm.J.Piailey 24

J. S. Snook 143

Reptckenlaiizes —

3'. Welch. .- .V'

j. R. Robb i(x)

M. M. McCarver . . 12.S

S/ifnp—

T- J. Krown . 137

Wm. Holmes 169

Rrprcsiiiialii'es —

W.J. Bailey

W. II. Rector

Win. Port ins - -
Rice Dunbor
I,. N. liuglish
W. W. ChajjUian
.'\l)ncr (ioines- - .
Robert Newell - -
'• )';iitial rtUini'i oiilv ;

h'cpresciilnlir s -
.\. J. Ilembree
\'m. Martin
Adam Smith
Levi \. Rice
C. M. Walker

(.IIAMl'dlC COUN'T^'.'^

I^ept fi^ntatizes —
19S W. F. I»ugh

5S VVm. Shaw - -

_... 156 Shr^iff-

", Wm. I'arker.
60 v.. Ynxirifs^ - - .

J. \V. Vernun

42
1S8

SfVfial ;)recimts nul ou fil<:- in clrrkS office.

Keprewntnti:es.-
\\v M, *^"FfImorc

145 Slier iff—
. - 39 J. k Baker

-94 J. Minch ..-

2(K)

162

7,S

17S

.^2

\H,\y.

184.S

PROVISIONAL GOVKRNMKNT.

461

e and Se])

213
113

128

169

9
10

2CX>
162

178
33

h'cfiresfuhiti'i'es —
II. Liiiville
J. Morin
A. C. R. Sl-.a-v
J. W. Ne.-^iiiith
C). Russell
M. A. I'urd

I'fil.K COUNTV.

A'c/'iisruta lives —

NS A. Harvey .. 17

5.1 S/ieriff—

13 C.I). Iviiihree -- - 50

J. M. Allen ... 24

J. H. Bounds .. 30

(ft

vSPRCIAI. i;iJ-;CTl()N. NOVKMBKK 27, iS.jS.

Tl AI.ATIN C(Jl'NTY.

h'rpii'sni/alivrs — h'rfficscnla/ii'es—

iJavid Hill _ iS ;%lin Voiin^ 4

CI.ACKAMA.S COUNTV.

Reprcscntati-i'es —

.\. I". Hedges 47

(leo. Walling 37

Reprcscntalh't's —

M. Crawford 40

P. I'oster . - II

R \' Short s

5 W. F. C.ood 3

']"he (lue.stion.s of "regulating " or " prohibiting " the manufacture
of intoxicating licinor.s, and that the county clerk of each county act
as recorder of land claims, instead of the secretary of the territory, was
submitted to the pe()i)le at the general election, June 12, 1X48, with
the following result :

cor XT Y.

Clatsop.
Polk --
Linn --

Tualatin

Yamhill

Clackamas

Vancouver

Chanipoic

Benton

Majorities

•fl

3s !

1 1

crk as
der

34 1

119

1 "3

'34

144

2.S

223

239

—

13"

239

109

693

71W

7"7

680

•J)

2-0

9
9

LOAN commIvSSK)M';r'.s report

Aggregate atnonni of bonds issued .... Jj!i4,76i 75

Aggregate amount of vouchers for Com. (icneral ^ I4i344 95

Leaving a balance of -

Balance on C.ov. Aberucthy's books

Rev. Wni. Robert s draft on H. Campbell.

I416 So

42 07
500 (ji)

Total

. .. I54--' "7

(Signed) Hugh Burns, Cumin issiout'i .

462

brown's political history.

IS4S

i^: <

•1 » ^i

TREAvSrRKR'S RKPORT.

WhoU- amount of scrip issued to dale

Amount redeemed

Outstanding scrip

«.935 5-'

fS. I.v'^ 59

Dk.

Since last report there has been scrip issued - $ 5,470 7-2

Absentee taxes .- - - . 660 00

County taxes .- . 1,428 50

Licenses to vend merchandise, etc ... _. 3050)

Total

I7..S6.1 22

Ck.

Paid Auditor's drafts $ ^,52i) i.S

I'aid interest on scrip .. 116 70

Paid 10 per cent, collecting taxes . 62 55

Scrip redeemed - — — 4,155 22

Total

( Signed \

;f7,767 65

Wm. R. Kilhorn, Vrras. O. '/'.

TERRITORL\L AUDITOR'S REPORT.

Whole amouut of warrants drawn on Treasurer . I>3>529 20

By former Auditor - --- $3,204 10

By W. Clark .12510

1.^.529 20

The amount drawn from unexpended appropriation last year 342 85

Balance -

l3,i«6 35

To what Approp'ialed.

Pay of the Legislature

Executive Department

Circuit .Attorney

I'Yederick Prigg, Sec'y Territory

C. \V. Bell, Auditor

Territorial Treasurer

Judiciary Department^

Indian Department

Contingent expenses .-..-- -

Whole amount appropHate<l
Whole amouut expended
Whole amount unexpended -

Amount
Appropriated.

Kx])etuled. I'nexpended.

$1200 00

300 00

31X) 00

■So 30

68 87

5<x) cx)

|6(KJ CK)
2CX1 00

500 00

|ro69 40

225 00

80 30

68 87

?>?i(^ 20

825 (KJ
100 00

25f> 50

$,V«6 .35

1 1 30 60
75 so
75 00

163 80
775 ""

UK) (Kl
243 .5"

I1562 90

(vSigued)

\V. Ci.AKK, AiidHoi.

(»RK<".ON ClT\', February y, 1849.

NoTK. About 3, IKK) immigrants arrived in 1848.

1S4S

fs. I3>* 5y

|7,.S6.1 22

$7,767 65

r.s-. o. /;

I3.529 20

f:i,529 20
342 85

l3,i«6 35

ne.xpended.

|I30

K<)

CM)

'63

775

(HI

KK)

(HI

I1562

4itdi/or.