s^. ^%^>. IMAGE EVALUATION TEST TARGET (MT-3) ■M^\t<>. VI ^ ^ /}. ^1^ /a /A 1.0 l^iiil 14 I.I ■12 m m Z2 1.8 1.25 1.4 1.6 = _ ^ .^_ 6" ► Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, NY. MS80 (716) 873-4503 %' CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Biblio0raphic Notas/Notas tachniquas at bibliographiquaa Tha Inttituta hat attamptad to obtain tha baat original copy avaiiabia for filming. Faaturat of thia copy which may ba bibliographically uniqua, which may altar any of tha 'magaa in tha raproduction, or which may aignificantly changa tha usual mathod of filming, ara chackad balow. 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Tha tot r~n Colourad pagas/ D Pagas da coulaur Pagas damagad/ Pagas andommagAas Pagas rastorad and/oi Pagas rastaur6as at/ou palliculAas Pagas discolourad. stainad or foxai Pagas dAcoiorAas, tachatAas ou piquAas Pagas detachad/ Pagas d6tach6es Showthrough/ Transparanca Quality of prir Qualiti inAgala da I'imprassion Includas supplamantary matarii Comprand du material supplAmantaira Only adition avaiiabia/ Saula Adition disponibia I I Pagas damagad/ I I Pagas rastorad and/or laminatad/ r~n Pagas discolourad. stainad or foxad/ pn Pagas detachad/ I I Showthrough/ I I Quality of print varies/ rn Includes supplementary material/ I — I Only adition available/ Pagas wholly or partially obscured by errata slips, tissues, etc., have been ref limed to ensure the best possible image/ Lea pages totalament ou partiellement obscurcies par un feuillet d'errata, una pelure, etc., ont AtA filmAes A nouveau da fapon A obtenir la meilleure image possible. 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Les diogrom.nes suivonts illustrent lo mAthode. 1 2 3 1 2 3 4 5 6 Po 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 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 <0 I 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. VI 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; Pth 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, 8 brown's politicai. history. I8I8 :l 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. 9 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 lO 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, tL i8i8 i8i8 PROVISIONAI. GOVERNMENT. II 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. ta 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. 1$ 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 te 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 i6 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- M ■■■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. 17 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 Perousnstrued, 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 5 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 a8 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 J J i863 PROVISIONAL GOVERNMENT. 99 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 r :, i, !l! I 30 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 I 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. 3? 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. I ;' ! i li 32 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. i 1 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. ■1 m I i : ! \ i i I ■Hi !! :ni|j 34 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. 35 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 36 brown's KiUTICAL HISTORY. 1775 ii!| ■■':'! 1 ! ! 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. 37 I I ,1 i I i » 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- ; 'i wsm ^ i I i iir 38 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. 39 : 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- g^ ! .::''iii iH ill II' 40 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. 41 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 ,'li I 1 1 !li liii ! 42 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. 43 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 i I 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 : m il! m ipiilitii ■■■M i 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. I iiiin 1 824 1827 PROVISIONAI. GOVERNMENT. 45 $ 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 \ 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 t '■ I' '4i-9 H m !» 'I i i M ■ 1 { 1 (Hi ■ :;; . \ i 62 brown's political history. 1842 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. 63 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 1' ,1 '' 1' "I V'iV I Si *. i if k ■ 64 brown's politicai, history. 1842 I n 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. 65 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 I > i5 'Mi 1' I 1:1 66 brown's political history. 1792 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. 67 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 68 brown's rOLITICAL HISTORY. 1792 'III ■it' i 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. 69 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 70 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 Il 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 u x i ji ■11! . 72 brown's political history. 1832 11 ; in 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. 73 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 74 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\ Itates, 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! m Ir 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. Ca 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. 79 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^^ z^ > ., 6^ s"^ .A 4. % n? 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 "%'■ if &• :| (■ ! 84 brown's political history, I84I 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. n jf'i § a o Cu a, rt biO C 1^ "^ bo rt a, I i 2 ^ P^ biO ■♦-> ID )-< a; > .2 "o o o t/! Ph O r. B c .Si . ■ it i 1 if. '• i , :! ASTORIA IN 1837. {Fiiiiii C^MM.v Hislotv of i)if^on, byconsenl.) 1842 I f§ 1 t I? ' . 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 88 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 : i 1842 PROVISIONAL GOVERNMENT. 89 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 I, i i '' m ' ! i f 90 brown's political history. 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 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 _•, /i i i It h 94 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. 95 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 I Evidently iuteuded for May a, 1843. 96 urown's political history. 1843 i i 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. 97 1- LC 111 id re IS held, but there was a meeting held of which the following is a minute of the proceedings : Champoeo, June 23, iS(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 Ml ' ^i'l "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, anuntain 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 -li; I 120 brown's political mlstory it 1 i ; iV; 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 i I ! i fcv|j^^ ■.*' 'ifl: I 122 brown's political history. 1843 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 ownelace 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 }<■■ \ 128 brown's poIvITical, history. 1844 f 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 I! 130 BROWN S POLITICAL HIvSTORV. 1844 I 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. 'M 1844 PROVISIONAL GOVKRXMENT. MKSSAGK. 131 To (he honorable Lei';islative Assembly of Oregon Territory : Gi;N"ri»■''■ THE PEOPLE OF OREGOI TO ALL TO WHOM TUKSI'] PIIESF llifje 'J \<-^»U6j t)c a|xhIU*i ^^>^^- ^ ni /t ^iH44 604^ ' '^ulout, (luUl'. uink P^om />T^ Ln*i 6(u.<) il/mcc t*t Ifif m(ui*v€A. 6h/eau*() ut cuvc^ Utj i>« sou) iSAiHUcUA Ofr v5o* ^ita rf ©team, liie ^\ntA-f(- (ki*^ of O^ ctonl mmJ^vet) am) jWu - __-<^!^<^ tiiscrf (Ac •/Idjutant- GeneraVs Office- \/ Adjutant' General REGOJV TERRITORY, SK FIIESEIVTS SHALL COME: umk ^tom />Vw fxc^. Wu..... GEORGE JinERJ\T/niY, -t--^ 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 — -^-»„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. c^^^^ >^ i-t ^^^ .^^Kf?. [^.^-if^ifM^ S /^Mmm^ Commissioners. ui^tziu^ataS- Gov. Oregor, Territory, ^f rOMMISSARYS OFFICE. OREGON CITY, "^^^^ ^^ T7f=^ 184 r r" ttV> cZ-o-e--/. ^ e^-'-L.^-^t^ Com'y.Cen'l. ) 1^ ! I 1 , "■•: I V- 1844 00 G o o u: o o Eu u. >- a: ■< O c ^ ^ 'h •s • 1844 PROVISIONAL GOVERNMENT. 133 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 :i 1 134 BROWN S POUTICAI, HISTORY, 1844 ii ;ll • f3'- I i ii 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', 142 HUOWN S rOLITICAI, HISTORY 1844 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 , Territorial Recorder, Dr. J. E. Long ; Territorial Treasurer, Francis Ermatinger ; Supreme m t 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. 1; i ■ ( 1 Election and ufficial reports at end of chapter. I *E I 60 brown's political history. 1845 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. l6l 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 anry 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 h! 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. '; I I : } Mi i:S " : i 1 A] Mdl 1 66 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 I 168 BKOWN S I'OI.ITICAI, IIISTOKV, 184- *M 1 1 i; i II 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 1'^! IMAGE EVALUATION TEST TARGET (MT-3) V €?. % < . '

. ^ 1.0 I.I 1.25 ': iiM V, 112 IW 1.4 M |||M 11 20 1.6 V] <^ o cr-l c'j %. # 0% <$> c» O /,. / ///, Photographic Sciences Corporation «■ \ '% V ' % /% % 5=- II !i 111 T -f I ryo brown's political history. 1845 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.. ym 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 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 I ; ;' li 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 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. ' 1 1 f ' 1 :i .1, II Mf M 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 '' ' ' if 1-^' Ihi; 1 i 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." '^- o^ J} (lyi'^^-L/^V'' vJW / i: .n* xk \l> ~\ \^. .y' \ , 'I it ii i % III I, .: 1 8. froi pri( clai Uni in t war moi our to 1 Met thrc tain the but decl can clow call( Cap. Van faile clus; stroi and 46° 1 incn shor bar 1 Sour ant i Afte: of tl he h; indu' tered is nu sligh deed evadi nuuU cvi(k the 11 the V disco ferre( f river WC PC were and i at ion 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 ^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 ■ i. m Y' I it ■ ii' r, i' 'I ] II: i ? ! Ii ri t ! •, 1 1 86 brown's political, history. 1845 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 i845 PROVISIONAL GOVERNMENT. 187 W^ 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 f 1 1 i i; m lit f'r i88 brown's political history. 1845 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 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 Hifvn ' I 1845 PROVISIONAL GOVERNMENT. 191 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 ;? rl i'li 196 brown's political history. 1845 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- :mi i) ^M 5 198 brown's political history. 1845 !. 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 1845 PROVISIONAL GOVERNMriNT. 199 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 r f ■ ii ' « f ■ 3 itiill ilisw 200 brown's political history. 1845 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 itcnliary 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- M',, "1 * ; I 206 brown's political history. 1845 Hi i' :i la 1. ~ I II ! 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 1845 PROVISIONAI. GOVERNMENT, 207 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: 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 l'-"i''"T« 1845 PROVISIONAL GOVERNMENT. 21 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 ;i ii I ni ill in If I 111 h ' 214 brown's political history. 1S4: 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. "1 'I W^} \ 1845 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- >l!fl! 1 , ' ' , ' ■i ■ ■ i,\ f-! w N n \l 1 1 ■ i" r ■ i 216 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- ■■TT-TTTFW«| i«45 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- Ijf f i • I ! i 2l8 HROWN'S politic a I. HISTORY 1845 '] m h 1 ■, i i; i\\ 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. 19 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 intruy 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- IH ii w t: 'J. 220 brown's political history. 1845 i- t ' I 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 Hi t ' i li 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 115 78 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 22 I 23 21 6 12 T 12 166 17 168 ID 119 48 - III 54 .5 15 51 7 7 12 77 39 25 35 38 20 64 53 5 56 15 61 II ID 38 34 31 29 10 228 130 75 71 504 66 283 195 197 251 473 409 216 204 267 215 99 82 54 5" 23 128 T31 68 90 49 79 74 14 38 34 31 29 ro 51 39 53 28 22 43 51 47 II 10 m \¥. '■\\\ ,|r- 226 BROWN S POLITICAL HISTORY. 1845 Census Returns in Oregon in 1845. •:r& !! I i j(^ SffP •III ^ ^ -I p p Under 12 12 and under 18 ! md Icr 45 md Whole rt- W years un -h of age. over. Nun ber K rt ^ 18 years. 45 years. s ►tS County. a n a 3 P 2 ft* 3 2 r. a 9 ►d W) pj C/J 'Ji 1— • en p Ui p ft _. rt rt n rt re S5 1 1 1 1 1 1 1 1 tr. I 1 1 J tB Clackamas 18 57 69 54 12 15 136 53 15 7 232 129 361 Chanipuic 24 »5 142 136 45 37 171 114 42 18 4ot) 305 705 Clatsop . - 17 14 29 127 14 "5 18 I 3 24 42 142 H 4 26 I 6i 30 229 91 540 Tualatin - 109 28 90 6 311 Yamhill .-- 16 109 79 fe5 31 24 124 57 23 9 257 155 412 Total - 89 407 4i9i 382 117 103 615 322 no 41 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 o5 705 30 91 29 540 55 412 48 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. ?n"^T«i iiliiii; .^1 •i I ■ * i iii' 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 ■ 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 It w ' }\ t\ 1846 PROVISIONAL GOVERNMENT. 229 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 ■ifl 1:1 [fr II ,'h 230 brown's political history. 1846 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 'M1*IH|l 1846 PROVISIONAL GOVB;RNMr-:NT. 231 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 ■ 1 :\ i,! i ] i !in 1 232 UROWN S I'OL,ITICAL HISTORY 1846 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. '. »^T r 1846 PROVISIONAL GOVKRNMKNT. 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. .': 1 ■ i ■ ii i ! 1 !fr 234 brown's political history. 1846 ¥ 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- t '>.mm ■I f 1846 PROVISIONAL GOVERNMENT. ^35 '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. I fi ii: If i i ill 2.-; 6 brown's political history. 1846 'M m i ■■ \W 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- :• ri} 1846 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- '\- i r,. "i ;U 1 - ! ', 238 BROWN S POLITICAL HISTORY. 1846 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'; b . f 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 i! I . i,j I ; 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. i : i % 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. ;'::'i II. n I ifT" 244 BROWN S POUTICAL, HISTORY. 1846 i S I I f ■ . i 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. ^TV'K 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. I . ii ! ! ':| 346 brown's political history. 1846 ■! ■) '■ ! 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 caunioii. 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 I 248 brown's political history. 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. it ■*llll' 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 brown's political history. 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 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- i' », §■] 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 "■ i 1 i '1 i i 1 ! 1 ill 1 1 1 i H vi> ■ :• 1 1' 256 BROWN S POLITICAL HISTORY. 1846 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." '. ^■■'■.J^M^ T-^ 1X46 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 .1 'I '\jyii^ i .- i ; i j fn ( t i 258 brown's political history, I S46 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- "thr mitt( 36. to CO comt deba Unit Govt conv west 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/:'^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 lalituj;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- inf ii • - I' III \lH : ( 'r- i ■ 266 brown's political history. i84r) 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 !!jspr; 1846 1845 PROVISIONAL GOVERNMENT. 367 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 'ml I . [ < ' ) ) 268 HROWN S POLITICAL HISTORY 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 iv- 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 >/<>. 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 I. 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 :•) ■1 j ih. I 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. 1 ^iwn 1846 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 *J ( i i i - ■ T ' :h : \ i t- ' : ! ii 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 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 m- r i ■; Ml ti Hi 1 M ■ ■ fi I'- liiiiii 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, lTi™i 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 i' 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. ^wm 1846 1846 PROVISIONAL GOVERNMENT. 281 n 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 brown's political history. 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 II 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 : t ! t !' ! : 284 brown's political history. 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. no diffi carries English in time copy nc safe pr 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 !i 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 < fli 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 ^^Vf^n 1846 1846 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. fi M 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 ) .(: ' »■ 'A \ ■ ■ ! i 288 BROWN S POLITICAL HISTORY. 1846 Ih 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- 11 ^Jl^sj-i is; m 1846 s Point, ess than lird of a ship has he flood he com- : a vessel )ack and oner and tien ven- ues club one side e kept it s was in- imiralty ; Captain lis ship ; ir v^'ay in ieutenant bar, and ace have k. After ,t for the he north ast, used, sides sub- uth chan- entering, eze. This om about he north- east coast late at all hwesft sea trough the ■ that the fathoms ; with the j;ainst the feet. The r the sum- ture of the sons. Se- the same e cape and I Chinook hing or re- 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." ii ■■;■ i lli'i it h 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. Q 5" 3 "1 c 7t < B 8 c t * r, 2 ■5 •^_ A'rpie.si'ii/iitnrs — Hiram Straight lOI 90 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 21 9 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 57 65 199 68 85 46 I 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'*— 14 Rep>fseiita lires — .\ J Heiuhree 66 Thomas JefTervs 67 C. M Wal'ver 52 35 2S D. Kizlev Siducv Siuitli Sherijf—' J. G. Baker 9S 21 Henrv Hill Assessor^ Win . Ne wb V. S*^ Abj. Heudrick 1 I \ 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. §■• fl 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"! m 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 ■ li. 302 brown's political history. 1847 :Mi i! \\ 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 >' 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 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 I \, h 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 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 il 'I ' 310 brown's politicai, history. 1847 :l:^ f *!{? 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 T^ 1847 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 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 y ^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 followei 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, ■. I i i ! ?! ''- ' 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. I 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 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 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 wm 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 ; ?f 'I 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 6^ a '-b^^ Ci^ t;'- .<.■ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 w. ^ ^^ !i 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' f \ ■ • 'i 1 i ' ;■ Ml 356 brown's poutical history. 1847 1 : n< 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, any »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 arrive 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 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 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 ^' 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-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 1; 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 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- I » J' ' I > f 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. < if 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 expcctewing 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 anf 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 i '1 ; 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;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 1 f :' i 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 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 It 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 10 M I: 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 : w 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 m 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. II '.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 m 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 1 1! 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, 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 m 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, m 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 r 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. Wiiur 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. (Signesue 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 anntnand. 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 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. hi 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. ^\ mk % ii^B 1 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 If ' 1 : ■ i i • r 1 i 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 of men 1 oiitent' , and the 1 iderb'.y on it so it sertions I 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 4U 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 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. Itri- 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 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- li 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 50 563 00 546- 50 213 00 744 00 228 00 134 5<-> 080 50 4H7 50 543 50 926 50 824 00 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. m' 1847 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 n ! 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. Q a n K 3 u 134 III 4 a* v> B 73 206 5 f 1 5= a i n •1 40 9 I »r 10 33 I 3 47 £ a" •• 1 122 65 ■ 87" B 77 74 1 "53 s — 1 t 1 For Governor.— CeorRe Abernethy 61 19 2 20 536 520 A. Huesied ScatterincT 3 66 7 1074 69 99 . 73 43 74 36 56 44 57 67 140 Total vote cast 2,(9 69 99 73 43 74 -,6 5*5 44 57 2S4 49 I'ot Legislative Kepreseiitatives. M. Crawford S. S. White — . S. Chase. 1 J. M. Wair.- - John Fleming P. (1. Stewart-. Himni Straight H. Johnsoti 67 Robert Newell •240 246 252 179 229 I^ 62 20 A. Chamberlain -_ . W. n. Kees __ 25a 179 22g W. H. Rector — I'eterson 2'i J. S. Smith - bi W H Burns - 20 I,. A. Rice 140 85 24 97 2 25 43 '^5 24 97 2 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 ._ 39 J. W. Nesmith. — — 32 23 21 3 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 35 35 89 31 3 194 207 40 35 38 ;i9 ' 3' 3 J. Kendall --- T>ea!iirer.— John H. Couch Daniel Waldo 194 207 40 W. P Hujfhes — Isadore Bernier ._ 35 A. L. Lewis 3H ...... N. Ford. — - '8 A. Harvey -- 85 85 36 190 40 29 47 iHr Clerk.- 36 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 ID T.B.Rogers - - --- T Liggett 3 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 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 00 H5 00 1.13 25 20 00 27 75 120 14 165 26 HO S9 34,S 00 2,912 42 4,504 42 1.377 61 2.693 oS / 29 140 94 43 26 203 66 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- F 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 ^1 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 brown's poutical history. 1848 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^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 :M! yy ■ I' ■ ! S ■ 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 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 r; 11 !i'' U iS •5 'Sit M 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, ii 184S PROVISIONAL (lOVURNMKN'T. 44: H of the c buund >ortaiice la'Hcter. ndaiiKer lessings. embrace lier, and s of the • iustitu- 111 isc and )in oii^ht ivcly the (led that Liition of li service the Mis- igrcss by lie. The , and was ■y patriot c birth of adopted, authorize Govern - le United I latitude, ivery and ereof the -ohibitcd. 1 labor or ites, such iig his or niud, and e feelings iier. The i restored actors. I tlie public ingress on )nciliation . the most uipromise of a ceu- lution for ides that, g south of e, shall be 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 ^>1^ IMAGE EVALUATION TEST TARGET (MT-3) / O * /%. «/ 1.0 I.I 1.25 '' IIIM IIIIM ■• '« IIIIM m "'"^ ill! 1.8 U III 1.6 ^. ^ "n & /} VI a ^ c^ /. //% M A y Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY 14JB0 (716) 872-4503 '■•» w MP. r¥k i 448 brown's political history. 1848 if! t I > 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;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 ; t' II > 450 hrown's political history 1848 jl;;: i I .).;■■ '/ 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 proviy,;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; :i ijiic there he Terri- , we have jc ofticcrs I the way ^ chanj^es t hitherto ies, and I Orpjri/,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 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 i 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 'F 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 drcaniev 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;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 anf 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-> f) BKOWN S POMTICAI, HISTOKV. IS,, s 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 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;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 Ccr. 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 21 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 ..- 74 9 lu 2(K) 162 29 7,S 17S .^2 \H,\y. 184.S PROVISIONAL GOVKRNMKNT. 461 e and Se]) 213 113 30 128 169 9 10 2CX> 162 29 75 178 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 7: •fl n 3 7^ 3s ! 1 1 1 crk as der 93 M 37 64 34 1 93 14 65 119 95 1 "3 '34 54 144 2.S 223 239 22 27 — 13" 239 109 693 71W 7"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?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 60 75 K<) 75 CM) '63 So 775 (HI KK) (HI ^M 5" I1562 90 4itdi/or.