In the midst of this speech, which was a repetition of the reasons for getting up the paper to find out who were favorable to our proposed government, the house was so uncourteous as to adjourn and leave the balance of Dr. Newell’s speech unrepeated. Suffice it to say, that in those short adjournments as noted in the Oregon archives, nearly or quite all the little differences of opinion were quickly explained and understood by a majority of the members. The exact subjects that were before them at the several meetings we have no documents to indicate, and we can only be governed by such documents as we have, to wit, the record and our own memory.
Newell was the only prominent opposer of the report of the judiciary committee, which was prepared by Robert Shortess, to whose memory we are indebted for a remarkable speech of Hon. Mr. Robert Newell on that occasion. Mr. Shortess says the discussion was on the question of who should be deemed voters. Most of the committee were in favor of universal suffrage, and, as Dr. Newell had a native wife, naturally supposed he would be quite as liberal as those who had full white families; but the doctor gave us one of his “stumpers,” or, as he calls it, “big fir-tree speeches,” by saying: “Wall, now, Mr. Speaker, I think we have got quite high enough among thedark clouds; I do not believewe ought to go any higher. It is well enough to admit the English, the French, the Spanish, and the half-breeds, but the Indian and the negro is a little too dark for me. I think we had better stop at the half-breeds. I am in favor of limiting the right to vote to them, and going no further into the dark clouds to admit the negro.”
We confess that till Mr. Shortess reminded us of this speech, and the manner of its delivery, it had escaped our memory, and that, without it, Mr. Newell could scarcely receive his proper position in the history of our early struggle for American liberty upon this coast. His position and the patronage he received from the Hudson’s Bay Company were sufficient for him to work effectually in their interests through all our struggle.
“At the evening session of May 18, the committee on ways and means were instructed to prepare a subscription for presenting at the general meeting, to procure funds to defray the expenses of the government, after spending a short time in committee of the whole.“Adjourned till next day.“May 19, 1843.—House met pursuant to adjournment. Opened with prayer. Moved that the minutes of the 18th be accepted. Taking the whole subject of the organization into consideration, Gray presented the following resolution that a committee of three be appointed to prepare and arrange all the business that has been done, or may be done hereafter at this session, revising statutes of Iowa, etc., report at the next session of the committee, and request the clerk to copy the same.“Resolution adopted.“Messrs. Gray, Beers, and O’Neil were appointed; these three living within fifteen miles of each other, it was thought could meet and superintend and revise the whole proceedings, and get them in shape for the public meeting.“Committee of ways and means reported a subscription, which was accepted, and the military committee reported in part, which was accepted.“Adjourned to 2P. M.“At 2P. M.house met. The judiciary committee reported in full. Report accepted.”
“At the evening session of May 18, the committee on ways and means were instructed to prepare a subscription for presenting at the general meeting, to procure funds to defray the expenses of the government, after spending a short time in committee of the whole.
“Adjourned till next day.
“May 19, 1843.—House met pursuant to adjournment. Opened with prayer. Moved that the minutes of the 18th be accepted. Taking the whole subject of the organization into consideration, Gray presented the following resolution that a committee of three be appointed to prepare and arrange all the business that has been done, or may be done hereafter at this session, revising statutes of Iowa, etc., report at the next session of the committee, and request the clerk to copy the same.
“Resolution adopted.
“Messrs. Gray, Beers, and O’Neil were appointed; these three living within fifteen miles of each other, it was thought could meet and superintend and revise the whole proceedings, and get them in shape for the public meeting.
“Committee of ways and means reported a subscription, which was accepted, and the military committee reported in part, which was accepted.
“Adjourned to 2P. M.
“At 2P. M.house met. The judiciary committee reported in full. Report accepted.”
On the 20th page of the archives, and in reference to the proviso in the fourth article of the organic law, the record does not give us the fact. The proviso referred to was prepared but not included in the original act, as reported and read at Champoeg, but was adopted at Champoeg. The report was duly referred to the revising committee, and the proviso left in the hands of Le Breton to be withheld or presented, as the occasion might require, in the final action of the people. The large pretensions to lands by the Methodist and Catholic missions were fully understood by the entire committee. They wished to curtail them as much as possible, and were fully aware that any direct action to this end would bring the whole influence of both missions against them.
Fourth of July, 1843.—Oration by Mr. Hines.—Meeting of July 5.—Debate on the land law.—How the Jesuits and the Hudson’s Bay Company secured their land claims.—Speech of the Rev. G. Hines against the proposed Executive Committee.—The committee supported by O’Neil, Shortess, and Lee.—W. H. Gray closes the debate.—The report of the committee adopted.—Committee appointed to report to Congress, another to make a Digest of Territorial laws, and a third to prepare and administer an oath of office.
Fourth of July, 1843.—Oration by Mr. Hines.—Meeting of July 5.—Debate on the land law.—How the Jesuits and the Hudson’s Bay Company secured their land claims.—Speech of the Rev. G. Hines against the proposed Executive Committee.—The committee supported by O’Neil, Shortess, and Lee.—W. H. Gray closes the debate.—The report of the committee adopted.—Committee appointed to report to Congress, another to make a Digest of Territorial laws, and a third to prepare and administer an oath of office.
On the 4th of July our national anniversary was observed, and an oration was delivered by the Rev. G. Hines. The committee favored the selection of Mr. Hines as orator, that they might gain his views, and be ready to meet him on the main questions that would be brought up on the fifth. In this, however, we failed, as he dwelt principally upon the subjects of temperance, the glorious deeds of our forefathers on the other side of the Rocky Mountains, and the influences and blessings of the day. No Englishman, or foreigner, could have taken any exceptions to his sentiments or language. On the 5th, Dr. Babcock, chairman of the meeting of May 2, being absent, the meeting was called to order by G. W. Le Breton, one of the secretaries of the May meeting. On motion, the Rev. Gustavus Hines was elected president of the convention by acclamation. R. Moore, Esq., chairman of the Legislative Committee, presented his report, which was read by Secretary Le Breton, and on motion accepted. Rev. L. H. Judson moved that the report of the committee on ways and means be accepted. This motion brought the land law up for discussion. The Legislative Committee as a whole reported that law entire, to the proviso in the fourth article. Upon the first part of that article a discussion arose between Mr. Newell and the members of the Methodist Mission, as to the right of any single individual to hold a claim of 640 acres upon a city or town site, or extensive water privilege. Mr. Moore agreed with Mr. Newell on that question, as he claimed one side of the Wallamet River at the falls, and Dr. McLaughlin the other. The Methodist Mission also claimed a right to the east side of the Wallamet, and the Milling Company claimed the island, upon which they were erecting mills. Mr. Newell opposed the fourth article, to favor Dr. McLaughlin; the Methodist Mission and Milling Company favored the article on the ground that it secured them in their rights, and prevented a monopoly of thatwater-power by any single individual. Rev. Jason Lee was anxious to secure the rights and claims of the Methodist Mission. So far as the water privilege and town sites were concerned, there were no fears on the part of the committee, but in reference to the large claims of the Methodist Mission, there were fears that Mr. Lee and Mr. Hines would oppose our whole effort, and combine the influence of their mission against the organization. To satisfy Rev. Jason Lee, Le Breton presented the proviso as contained in the fourth article, which removed his objection. The committee were well assured that the Jesuit missions would claim the same right to land, and in this way, the one mission would he induced to give up to curtail the other. This occurred as anticipated, only the Methodist Mission held on to their claims, and attempted to maintain them publicly, while the Jesuits did the same thing silently, and by having their lands recorded in the supposed names of their members, or priests, the same as the Hudson’s Bay Company recorded all their improvements and forts in the names of their different servants, so as to hold them for the company; the company and the Jesuits having, as they supposed, secured their own claims to land in the name of their respective servants, joined with the new immigrants, in condemning the large pretensions of the Methodist Mission, and in this way prejudiced the minds of the settlers against it for doing, openly, just what they had done in the names of their servants, secretly.
On the final vote there were but few dissenting voices, except upon the adoption of the proviso. It may be asked why the land law was brought up first. The minutes as recorded on the twenty-third and twenty-fourth pages of the Oregon archives, show that Mr. Judson moved the adoption of the report of the committee on ways and means. This was all the minute that was made, as the business and discussion progressed. The report on the land law was deemed, by the committee, to be of the first importance, as all were personally interested in the law about land claims; and upon the discussion of that report, they could learn the result of the whole effort, and the feelings of the people as to the permanence of the proposed government. The notice of the report of the committee on ways and means, on page 24, and of the proviso, is entered, to show that the amendments alluded to were made. We are of the opinion, that had Mr. Le Breton lived to copy those minutes, he would have so changed them. He says such amendment and proviso were adopted. To this fact we have affirmed under oath as being a part of the provisional law adopted at that meeting. This brings us to the first clause of the organic law, as adopted by the people in mass convention.
The preamble and first article were adopted on motion of Joseph McLaughlin, the second son of Dr. John McLaughlin, who took an active part in favoring the organization, against the wishes and influence of his family.
The second article was read, and, on motion of L. H. Judson, was adopted.
The third, on motion of C. McRoy, and the fourth, on motion of Joseph Holman, were also adopted.
On motion to adopt the fifth article, “on the executive power,” it was plain to be seen that the Rev. Mr. Hines was swelling and becoming uneasy, in proportion as the Rev. Jason Lee appeared to be satisfied with the proceedings. He hesitated to put the motion, called Robert Moore, the chairman of the Legislative Committee, to the chair, and commenced:—
“Mr. President, gentlemen, and fellow-citizens,—The Legislative Committee which you appointed to prepare certain laws, and perform a certain duty, have assumed to present for your approval something they had no right, in all the instructions given them, to present. They have commenced a course which, if not checked, will lead to the worst possible form of despotism. Grant them the privilege which they now ask, of imposing upon this settlement, upon you and me and our families, thishydra-headed monsterin the shape of an Executive Committee, and we have but the repetition of the Roman Triumvirate—the Cæsars upon the throne. We may be told by them, in excuse for the violation of plain and positive instructions, that they found it difficult to proceed with the organizing of a temporary government without an executive; and here they have brought before you thismonstrosity—thisblack bear—thishydra-headed monster, in the shape of an Executive Committee; and ask you to adopt it, as necessary to preserve your civil liberties and rights.“Gentlemen and fellow-citizens,—You have but to look to past history, to warn you of the dangers of so palpable a violation of instructions on the part of public servants. You instructed them to do a certain work, to prepare certain laws. If they could not do as instructed, let them resign and go home. So far as they performed the duties assigned them, we can approve of their acts; but when they attempt to force upon us what we have not asked of them, but said to them we do not want this monstrosity with three heads, yet they persist in saying we do; and have gone on and made their laws to correspond with this absurd and outrageous thing they callExecutive Committee. Is it wise, is it reasonable, that we should submit to it? What assurance have we that the next Legislative Committee, or bodywe may appoint, following the example set by this one, will not give us a king or emperor, and tell us it is necessary to complete our organization?”
“Mr. President, gentlemen, and fellow-citizens,—The Legislative Committee which you appointed to prepare certain laws, and perform a certain duty, have assumed to present for your approval something they had no right, in all the instructions given them, to present. They have commenced a course which, if not checked, will lead to the worst possible form of despotism. Grant them the privilege which they now ask, of imposing upon this settlement, upon you and me and our families, thishydra-headed monsterin the shape of an Executive Committee, and we have but the repetition of the Roman Triumvirate—the Cæsars upon the throne. We may be told by them, in excuse for the violation of plain and positive instructions, that they found it difficult to proceed with the organizing of a temporary government without an executive; and here they have brought before you thismonstrosity—thisblack bear—thishydra-headed monster, in the shape of an Executive Committee; and ask you to adopt it, as necessary to preserve your civil liberties and rights.
“Gentlemen and fellow-citizens,—You have but to look to past history, to warn you of the dangers of so palpable a violation of instructions on the part of public servants. You instructed them to do a certain work, to prepare certain laws. If they could not do as instructed, let them resign and go home. So far as they performed the duties assigned them, we can approve of their acts; but when they attempt to force upon us what we have not asked of them, but said to them we do not want this monstrosity with three heads, yet they persist in saying we do; and have gone on and made their laws to correspond with this absurd and outrageous thing they callExecutive Committee. Is it wise, is it reasonable, that we should submit to it? What assurance have we that the next Legislative Committee, or bodywe may appoint, following the example set by this one, will not give us a king or emperor, and tell us it is necessary to complete our organization?”
Many of the persons present at Champoeg on the 5th of July, 1843, will recollect this speech, and the strong and emphatic manner in which it was delivered. Why Mr. Hines did not move to strike out the executive clause has always been a mystery to us. When he had resumed his seat as president of the convention, Mr. O’Neil made a few remarks, explaining the position of the committee. Mr. Shortess followed, denying the assumption of power attributed to the committee, or a disposition to go beyond their instructions, and urged the necessity of a head or some controlling influence somewhere. Could we rely upon Captains McCarty, or McKay, or Smith to call out their companies; or Major Howard? Should the military control the civil power? “The thing is absurd,” said Shortess. Rev. Jason Lee could not see the proposed executive head of the proposed provisional government in the light Mr. Hines did. If it was thought necessary to have a government at all, it was necessary to have a head, and an executive, or the laws were of no effect.
It was arranged with the Legislative Committee, that Gray should meet Hines on this question, and make the last speech in favor of the executive department. Hence O’Neil and Shortess both spoke in favor of it. Dr. Babcock was opposed, on account of its going beyond present necessities, and looking too much like a permanent and independent government; whereas we only wished to form a temporary one. He thought with Mr. Hines, that the committee had gone beyond their instructions in providing for this executive power, still he was willing to abide the decision of the people. There was a little uncertainty us to Mr. Lee’s final vote. Dr. Babcock was clearly against us. Mr. Hines made but the one speech. From the course the debate had taken, Gray had no fears as to the final result, and waited until it was evident that no more opposing speeches would be made when he commenced:—
“Mr. President and fellow-citizens,—The speech which we have just listened to, from our presiding officer, is in the main correct. It is true that the Legislative Committee were not instructed to bring before you an executive department in the laws and government you proposed to form, when you appointed your committee to prepare those laws. It is also true, that when that committee met, they found that they could not advance one step in accomplishing the work you instructed them to perform, without some supervising influence, or power, somewhere; in short, without a head. Their instructions were against a governor. They have provided an Executive Committee, in place of a single manfor governor. This executive head is to act in the place of senate, council, and governor. This provision is before you for your approval or rejection. With this Executive Committee our organization is complete; without it we have no head; no one to see that our laws are executed, and no one to grant a reprieve or pardon in case a law should be enforced against the life or property of any one, for the violation of any law, no matter what the circumstances connected with that real or supposed violation might be. The pardon and mercy part of our law is in that ‘horrible hydra-headed monster’ that the gentleman spoke about, and warned us against; and instead of its being as black as his ‘bear,’ it becomes light and mercy to the erring and the ignorant. As to the example set by your committee for future despots to rob us of our liberty, and place over us a king or an emperor, you and I have no fears so long as we elect our own legislative bodies.“Now, fellow-citizens, let us look calmly at our true situation. We are two thousand five hundred miles from any point from which we can receive the least assistance by land; and seventeen thousand miles by water. A portion of our community are organized and ready to protect themselves, and to defend all their rights and interests. Another organization of a religious character is in our midst,—I should say, two. They each have a head—an executive. How is it with us? Who is our head in all that pertains to our civil liberty, rights, and property? It is possible the gentleman may wish us to remain as unprotected, as helpless and exposed to all the dangers that surround us on every hand, as we have heretofore been. If he does, you, fellow-citizens, I am sure, do not wish to add to his feebleness by destroying the organization you have commenced, because he is afraid of what some Cæsar did in Rome some centuries past. We are acting for ourselves and those immediately dependent upon us for protection. In union there is strength. I believe you are fully satisfied that your committee have acted honestly, and, as they thought, for the good of all they represented. If such is the case, you will approve of their acts, and our organization will be complete as they have prepared it for this meeting.”
“Mr. President and fellow-citizens,—The speech which we have just listened to, from our presiding officer, is in the main correct. It is true that the Legislative Committee were not instructed to bring before you an executive department in the laws and government you proposed to form, when you appointed your committee to prepare those laws. It is also true, that when that committee met, they found that they could not advance one step in accomplishing the work you instructed them to perform, without some supervising influence, or power, somewhere; in short, without a head. Their instructions were against a governor. They have provided an Executive Committee, in place of a single manfor governor. This executive head is to act in the place of senate, council, and governor. This provision is before you for your approval or rejection. With this Executive Committee our organization is complete; without it we have no head; no one to see that our laws are executed, and no one to grant a reprieve or pardon in case a law should be enforced against the life or property of any one, for the violation of any law, no matter what the circumstances connected with that real or supposed violation might be. The pardon and mercy part of our law is in that ‘horrible hydra-headed monster’ that the gentleman spoke about, and warned us against; and instead of its being as black as his ‘bear,’ it becomes light and mercy to the erring and the ignorant. As to the example set by your committee for future despots to rob us of our liberty, and place over us a king or an emperor, you and I have no fears so long as we elect our own legislative bodies.
“Now, fellow-citizens, let us look calmly at our true situation. We are two thousand five hundred miles from any point from which we can receive the least assistance by land; and seventeen thousand miles by water. A portion of our community are organized and ready to protect themselves, and to defend all their rights and interests. Another organization of a religious character is in our midst,—I should say, two. They each have a head—an executive. How is it with us? Who is our head in all that pertains to our civil liberty, rights, and property? It is possible the gentleman may wish us to remain as unprotected, as helpless and exposed to all the dangers that surround us on every hand, as we have heretofore been. If he does, you, fellow-citizens, I am sure, do not wish to add to his feebleness by destroying the organization you have commenced, because he is afraid of what some Cæsar did in Rome some centuries past. We are acting for ourselves and those immediately dependent upon us for protection. In union there is strength. I believe you are fully satisfied that your committee have acted honestly, and, as they thought, for the good of all they represented. If such is the case, you will approve of their acts, and our organization will be complete as they have prepared it for this meeting.”
On the question being taken, there were but two or three votes against the executive, or fifth section. Mr. Lee informed the writer that he saw plainly enough that the meeting was determined to have a government of some kind, and that probably the Executive Committee was the best at first. This point gained, the remainder was soon disposed of.
The marriage fee was changed, in the seventeenth article, from three dollars to one dollar.
The resolution referred to as the nineteenth was: “Resolved, That a committee of three be appointed to draw up a digest of all the laws and proceedings of the people of this Territory, in relation to the present provisional government, and the reasons for forming the same; and forward said digest and report to the Congress of the United States for their information.” Rev. Jason Lee, Rev. Gustavus Hines, and Mr. C. M. Walker were chosen that committee, and instructed to have access to all public documents, and to call upon any individual for any information they might deem necessary in carrying out their instructions.
That committee, so far as performing their duty and carrying out the wishes of the people were concerned, did the same as the reverend Legislative Committee did in 1841; they neglected the thing altogether, and paid no attention to the object of the resolution. Still, at the present day, when the same reverend gentlemen are charged with having done all they could against the early settlers’ government, they attempt to repel the charge, and take great credit to themselves for the perseverance of others in securing permanent laws and protection for themselves and the settlements.
Messrs. Beers, Hill, and Gale, were chosen by ballot as the first Executive Committee.
Hugh Burns, who had been chosen at the May meeting as justice of the peace, had resigned, and Robert Moore was chosen to fill his place.
The committee had prepared a full list of the laws of Iowa, to recommend for the adoption of the people, which was presented and read, some slight amendments made, and the list adopted.
The report of the Legislative Committee was adopted as a whole; and on motion it was “Resolved, That the president of the convention assisted by the Rev. Messrs. Lee, Clark, and Leslie, be a committee to draft and administer an oath of office to the civil officers elected on the 2d of May, 1843, and that said officers be required to subscribe to the same; and administer the oath to the supreme judge, who shall hereafter qualify all civil and military officers to be elected by the people.” At this point, a question arose in the mind of the last-named committee, whether they would proceed that night to administer the proposed oath, or defer it till some other time. There were some earnest and determined men in that convention, who were not to be defeated at the last moment by the disposition of these reverend gentlemen to delay the concluding ceremony of drafting and administering the oath of office to the persons the people had chosen. To relieve them of all doubt as to the wish of the convention (although it wasthen nearly dark), it was moved and carried, “that the committee to qualify officers proceed to the performance of their duty, as far as practicable, this evening.” Judge Wilson was not present.
Rev. Jason Lee noticed that Mr. Beers received the smallest number of votes given for any member of the Executive Committee. This to him, and probably to Messrs. Leslie and Hines, was unaccountable; but not so to us, who understood the general feeling of opposition against the rule of the missionaries and their large claims to land; as also the secret prejudices excited against them by the Hudson’s Bay Company and the Jesuits, who attributed the entire government movement to them, while the organization was that of the settlers unaided by any mission, except individual members of the Protestant missions. This was probably the reason for the proposition to delay qualifying the officers elected, and carrying out the decided wish of the convention. This fact simply shows a reluctant assent to the organization by the principal members of the missions. The French address showed the feelings of the French and Catholics, while the Hudson’s Bay Company stood entirely aloof from it, and expected to defeat the whole movement by the influence of such men as the Rev. G. Hines, Dr. White, Robert Newell, and the Indians.
We have two copies of the organic laws adopted by the people at Champoeg; one published by Charles Saxton in 1846, and the other by the compiler of the Oregon archives in 1853. That published by Mr. Saxton corresponds nearer with our own recollections of the facts of the case; hence we will copy them as given by him.
Organic laws.—Resolutions.—Districts.—Militia law.—Land claims.—Certificate.
Organic laws.—Resolutions.—Districts.—Militia law.—Land claims.—Certificate.
The Legislative Committee recommend that the followingorganic lawsbe adopted:—
We, the people of Oregon Territory, for purposes of mutual protection, and to secure peace and prosperity among ourselves, agree to adopt the following laws and regulations, until such time as the United States of America extend their jurisdiction over us:—
We, the people of Oregon Territory, for purposes of mutual protection, and to secure peace and prosperity among ourselves, agree to adopt the following laws and regulations, until such time as the United States of America extend their jurisdiction over us:—
SectionI.
Be it enacted by the free citizens of Oregon Territory, That the said Territory, for the purposes of temporary government, be divided into not less than three, nor more than five, districts; subject to be extended to a greater number when an increase of population shall require.
For the purpose of fixing the principles of civil and religious liberty as the basis of all laws and constitutions of government that may hereafter be adopted,Be it enacted, That the following articles be considered articles of compact among the free citizens of this Territory.
Article1. No person demeaning himself in a peaceable or orderly manner shall ever be molested on account of his mode of worship or religious sentiments.
Art.2. The inhabitants of said Territory shall always be entitled to the benefit of the writ ofhabeas corpusand trial by jury, of a proportionate representation in the Legislature, and of judicial proceeding according to the course of common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident, or the presumption great. All fines shall be moderate, and no cruel or unnatural punishments inflicted. No man shall be deprived of his liberty but by the judgment of his peers, or the law of the land; and should the public exigences make it necessary, for the common preservation, to take any person’s property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of rights and property, it is understood and declared that no law ought ever to be made, or have force in said Territory, that shall in any manner whatever interfere with, or affect, private contracts, or engagementsbona fidemade and without fraud previously formed.
Art.3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind,schoolsand the means of educationshall forever be encouraged.
Art.4. The utmost good faith shall always be observed toward the Indians, their lands and property shall never be taken from them without their consent, and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars, authorised by the representatives of the people. But laws, founded in justice and humanity, shall, from time to time, be made, for preventing injustice being done to them, and for preserving peace and friendship.
Art.5. There shall beneither slavery nor involuntary servitudein said Territory, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted.
SectionII.
Article1.Be it enactedby the authority aforesaid, That the officers elected on the 2d of May instant shall continue in office until the second Tuesday of May, 1844, and until others are elected and qualified.
Art.2. An election for civil and military officers shall be held annually upon the second Tuesday in May in the several districts, at such places as shall be designated by law.
Art.3. Each officer heretofore elected, or that shall hereafter be elected, shall, before entering upon the duties of his office, take an oath or affirmation to support the laws of the Territory, and faithfully discharge the duties of his office.
Art.4.Every free male descendant of a white man, inhabitant of this Territory, of the age of twenty-one years and upward, who shall have been an inhabitant of this Territory at the time of its organization, shall be entitled to vote at the election of officers, civil and military,and be eligible to any officein the Territory;Provided, That all persons of the description entitled to vote by the provision of this section, who shall emigrate to this Territory after the organization, shall be entitled to the rights of citizens after having resided six months in the Territory.
Art.5. The executive power shall be vested in a committee of three persons, elected by the qualified voters at the annual election, who shall have power to grant pardons and reprieves for offenses against the laws of the Territory, to call out the military force of the Territory, to repel invasions or suppress insurrections, to take care that the laws are faithfully executed, and to recommend such laws as they may consider necessary to the representatives of the people for their action. Two members of the committee shall constitute a quorum for the transaction of business.
Art.6. The legislative power shall be vested in a committee of nine persons, to be elected by the qualified electors at the annual election; giving to each district a representation in the ratio of its population, excluding Indians; and the said members shall reside in the district for which they shall be chosen.
Art.7. The judicial power shall be vested in a Supreme Court, consisting of the supreme judge and two justices of the peace; a Probate Court and Justice Court. The jurisdiction of the Supreme Court shall be both appellate and original; that of the Probate Court and Justice Court as limited by law;Provided, That individual justices of the peace shall not have jurisdiction of any matter or controversy when the title or boundaries of land may be in dispute, or when the sum claimed exceeds fifty dollars.
Art.8. There shall be a Recorder, elected by the qualified electors at the annual election, who shall keep a faithful record of the proceedings of the Legislative Committee, Supreme and Probate courts; also record all boundaries of land presented for that purpose, and brands used for marking live stock; procure and keep a record of the same; and also record wills, deeds, and other instruments of writing required by law to be recorded. The Recorder shall receive the following fees, viz.: For recording wills, deeds, and other instruments of writing, twelve cents for every hundred words; and for every weight or measure sealed, twenty-five cents. For granting other official papers and the seal, twenty-five cents; for services as clerk of the Legislature, the same daily pay as members of the Legislature; and for all other services required of him by this act, the same fees as allowed for similar services by the laws of Iowa.
Art.9. There shall be a Treasurer, elected by the qualified electors of the Territory, who shall, before entering upon the duties of his office, give bonds to the Executive Committee in the sum of fifteen hundred dollars, with two or more sufficient sureties, to be approved by the Executive Committee of the Territory, conditioned for the faithful discharge of the duty of his office. The Treasurer shall receive all moneys belonging to the Territory that may be raised by contribution, or otherwise, and shall procure suitable books in which he shall enter an account of his receipts and disbursements.
Art.10. The Treasurer shall in no case pay money out of the Treasury but according to law, and shall annually report to the Legislative Committee a true account of his receipts and disbursements, with necessary vouchers for the same, and shall deliver to his successor in office all books, moneys, accounts, or other property belonging to the Territory, as soon as his successor shall become qualified.
Art.11. The Treasurer shall receive for his services the sum of five per cent. upon all moneys received and paid out according to law, and three per cent. upon all money in the Treasury when he goes out of office, and two per cent. upon the disbursement of money in the Treasury when he comes into office.
Art.12. The laws of Iowa Territory shall be the laws of this Territory in military and criminal cases,where not otherwise provided for; and where no statute of Iowa Territory applies, the principle of common law and equity shall govern.
Art.13. The law of Iowa regulating weights and measures shall be the law of this Territory;Provided, The Supreme Court shall perform the duties required of the commissioners, and the recorder shall perform the duties of the clerk of the county commissioners, as prescribed in said laws of Iowa; and proved, that sixty pounds avoirdupois shall be the standard weight of a bushel of wheat, whether the same be more or less than two thousand one hundred and fifty and two-fifths cubic inches.
Art.14. The laws of Iowa respecting wills and administrators shall be the laws of this Territory in all cases not otherwise provided for.
Art.15. The laws of Iowa respecting vagrants is hereby adopted as far as adapted to the circumstances of the citizens of Oregon.
Art.16. The Supreme Court shall hold two sessions annually, upon the third Tuesdays of April and September, the first session to be held at Champoeg upon the third Tuesday of September, 1843, and the second session at Tualatin Plains, upon the third Tuesday of April, 1844. At the sessions of the Supreme Court the judge shall preside, assisted by two justices;Provided, That no justice of the peace shall assist in trying any case that has been brought before the court by appeal from his judgment. The Supreme Court shall have original jurisdiction in cases of treason and felony, or breach of the peace, and in civil cases where the sum claimed exceeds fifty dollars.
Art.17. All male persons of the age of sixteen years and upward, and all females of the age of fourteen years and upward, shall have the right to marry. When either of the parties shall be under twenty-one years of age, the consent of the parents, or guardians of such minors, shall be necessary to the validity of such matrimonial engagement. Every ordained minister of the gospel, of any religious denomination, the supreme judge, and all justices of the peace, are hereby authorized to solemnize marriage according to law, to have the same recorded, and pay the recorder’s fee. The legal fee for marriage shall be one dollar; and for recording, fifty cents.
Art.18. All offices subsequently made shall be filled by election andballot in the several districts upon the day appointed by law, and under such regulations as the laws of Iowa provide.
1.Resolved, That a committee of three be appointed to draw up a digest of the doings of this Territory with regard to an organization, and transmit the same to the United States government for their information.
2.Resolved, That the laws of Iowa—as laid down in the “Statute Laws of the Territory of Iowa, enacted at the first session of the Legislative Assembly of said Territory, held at Burlington,A. D.1838-9, published by authority in Dubuque, Russell & Reeves, printers, 1839;” certified to be a “correct copy,” by William B. Conway, secretary of Iowa Territory—be adopted as the laws of this Territory.
The Legislative Committee recommend that the Territory be divided into four districts, as follows:—
First District, to be called theTualatin District, comprising all the country south of the northern boundary line of the United States, west of the Wallamet or Multnomah River, north of the Yamhill River, and east of the Pacific Ocean.
Second District, to be called theYamhill District, embracing all the country west of the Wallamet or Multnomah River, and a supposed line running north and south from said river, south of the Yamhill River, to the parallel of forty-two degrees north latitude, or the boundary line of the United States and California, and east of the Pacific Ocean.
Third District, to be called theClackamas District, comprehending all territory not included in the other three districts.
Fourth District, to be called theChampoeg District, and bounded on the north by a supposed line drawn from the mouth of the Haunchauke River, running due east to the Rocky Mountains, west by the Wallamet or Multnomah River, and a supposed line running due south from said river to the parallel of forty-two degrees north latitude, south by the boundary line of the United States and California, and east by the summit of the Rocky Mountains.
The Legislative Committee also recommend the above districts to be designated by the name of “Oregon Territory.”
The Legislative Committee recommend that a subscription paper be put in circulation to collect funds for defraying the expenses of the government, as follows: We, the subscribers, hereby pledge ourselves to pay annually to the treasurer of Oregon Territory the sum affixed to our respective names, for defraying the expenses of government;Provided, That in all cases each individual subscriber may, at any time,withdraw his name from said subscription upon paying up all arrearages, and notifying the treasurer of the colony of such desire to withdraw.
Militia Law.
Article1. The militia of this Territory shall be arranged into one battalion, consisting of three or more companies of mounted riflemen.
Art.2. That in case of the vacancy of the office of major by death or otherwise, it shall be the duty of the Executive Committee to appoint another whose duty it shall be to serve in the place of such removed officer, until the annual election.
Art.3. That when a portion of country is so distant, or so situated, that in the opinion of the Executive Committee it would be inconvenient for persons residing therein to belong to an organized company, they shall be organized as a separate company under the command of a captain appointed by themselves, and give due notice to the major of the battalion, and be subject to the same laws and regulations as the other companies of the battalion.
Art.4. That all companies shall meet once in each year for company inspection upon the last Tuesday in September, well mounted, with a good rifle, or musket, and accouterments for company inspection and military exercise.
Art.5. It shall be the duty of the major to notify each captain of a company to notify each member of his company of the day and place of each annual meeting of his battalion and company at least six days previous to such time of meeting.
Art.6. It shall be the duty of each and every male inhabitant, over the age of sixteen years and under sixty, that wishes to be considered a citizen, to cause himself to be enrolled, by giving his name to the proper officers of the militia, and serve under the same, except such as are hereafter excepted.
Art.7. That fines shall be laid upon all who fail to adhere to the commands of the Executive Committee, and the same shall be expended for ammunition and arms, without delay, and persons appointed to take charge of the magazine wherever the Executive Committee shall direct its location.
Art.8. It shall be the duty of the Executive Committee to appoint a surgeon to the battalion, who shall serve in his profession when so ordered by the Executive Committee.
Art.9. It shall be lawful for any commissioned officer in case of invasion, or insurrection, to order out the militia under his command, provided he has sufficient reason for so doing, and give immediate notice thereof to the Executive Committee.
Art.10. The militia of this Territory shall, with the advice and consent of the Executive Committee, be subject to the call of the authorized agents of the United States government until she may send troops to support the same.
Land Claims.
Article1. Any person now holding or hereafter wishing to establish a claim to land in this Territory, shall designate the extent of his claim by natural boundaries, or by marks at the corners and upon the lines of said claim, recorded in the office of the Territorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim;Provided, That those who shall be already in possession of land shall be allowed one year from the passage of this act, to file a description of their claims in the recorder’s office.
Art.2. All claimants shall, within six months from the time of recording their claims, make permanent improvements upon the same, by building or inclosing, and also become occupant upon said claims within one year of the date of such record.
Art.3. No individual shall be allowed to hold a claim of more than one square mile, or 640 acres, in a square or oblong form, according to the natural situation of the premises, nor shall any individual be able to hold more than one claim at the same time. Any person complying with the provisions of these ordinances shall be entitled to the same process against trespass as in other cases provided by law.
Art.4. No person shall be entitled to hold such a claim upon city or town lots, extensive water privileges, or other situations necessary for the transaction of mercantile or manufacturing operations;Provided, That nothing in these laws shall be so construed as to affect any claim of any mission of a religious character made prior to this time, of extent not more than six miles square.
Approved by the people, as per minutes, Wallamet, July 5, 1843.
A true copy from original papers. Attest
George W. Le Breton,Recorder.
Certificate.
This certifies that David Hill, Alanson Beers, and Joseph Gale were chosen the Executive Committee of the Territory of Oregon, by the people of said Territory, and have taken the oath for the faithful performance of the duties of their office as required by law.
George W. Le Breton,Recorder.
Wallamet, Oregon Territory, July 5, 1843.
Description of the State House.—Conduct of the French settlers.—Arrival of Dr. Whitman’s party of immigrants.—Prosperity of the settlers.—Change in the policy of the Hudson’s Bay Company.—Their exorbitant claims.
Description of the State House.—Conduct of the French settlers.—Arrival of Dr. Whitman’s party of immigrants.—Prosperity of the settlers.—Change in the policy of the Hudson’s Bay Company.—Their exorbitant claims.
A primitive State House was built with posts set upright, one end in the ground, grooved on two sides, and filled in with poles and split timber, such as would be suitable for fence rails; with plates and poles across the top. Rafters and horizontal poles held the cedar bark, which was used instead of shingles for covering. It was twenty by forty feet. At one end, some puncheons were put up for a platform for the president; some poles and slabs were placed around for seats; three planks one foot wide and about twelve feet long, placed upon a sort of stake platform for a table, for the use of the Legislative Committee and the clerks.
Perfect order and decorum prevailed throughout the proceedings. The bolder and more independent portion of the French settlers participated in this convention, and expressed themselves pleased with the result. They looked to this organization to relieve them from British tyranny; while by far the greater number of them kept aloof and refused to have any thing to do with, or to submit to, the organization.
This arose from the advice they had received from the company, and the instructions of the priests who were among them, as in the case of Dr. White’s effort to get a few of them to go with him to the interior, on the report of threatened Indian difficulties. The Hudson’s Bay Company, as indicated in a communication to the Executive Committee, felt themselves abundantly able to defend themselves and their political rights.
This year, through the influence and representations by letters, reports, and the personal efforts of that devoted friend to Oregon, Dr. Marcus Whitman, an immigration of eight hundred and seventy-five persons arrived in the fall, notwithstanding that deceitful servant of the Hudson’s Bay Company, Grant, at Fort Hall, did all he could, under the instructions of the company, to induce as many as possible to go to California, by telling them all the frightful stories he and his men could invent, of their danger, and the difficulties they must encounter in getting through to the settlement on the Wallamet. This companybrought with them thirteen hundred head of cattle. The immigration of 1842 amounted to one hundred and thirty-seven men, women, and children, a limited supply of cattle, and a number of wagons to Fort Hall, where they were induced to abandon most of them, through the false statements of the man in charge.
The immigration of 1843, under the guidance of Dr. Whitman, brought most of their wagons, teams, and cattle through all safe. They opened the road to the Columbia, and the trail through the Cascade Mountains, which was only an obscure Indian trail quite difficult to pass in 1842, on account of brush, logs, and fallen timber.
Our population, all told, now amounted to not far from twelve hundred. Among the immigrants of 1842 and ’43 there were many excellent families, and intelligent, industrious, noble-hearted young men; with a full proportion of miserable scoundrels. Most of the families soon found locations, and having some little means, with the assistance they could obtain from the Methodist Mission, and such as was brought by Captain Couch in the brigMaryland, and the barksLausanneandToulon, by Captain Crosby, sent by Mr. Cushing of Newburyport, soon commenced permanent improvements. The winter was mild and the larger portion of them were prosperous and happy in their new homes.
The provisional government was formed and put in operation in July previous to the arrival of the large immigration of 1843. Supplies of flour, sugar, and tea had been sent from the settlement to meet such as might be in want on their way into the Wallamet Valley.
From the time it was known that Dr. Whitman had safely arrived in Washington, and the boundary line was not settled, the whole policy of the Hudson’s Bay Company changed. Advances of outfits were made to such men as Hastings and his party, Burnett, and other prominent men. Employment was given to a select few, and every encouragement and inducement held out to assist as many as could be prevailed upon to go to California; while those who contemplated making Oregon a permanent home were denied supplies or employment, especially those who had asked the protection of the American government. Those who proposed going to California could readily get all the supplies they required of the company by giving their notes payable in California.
It was well understood by most of them when they gave their notes that they never expected to pay them. Two of them informed us that they did not intend to pay if they went out of the country, as they understood it as equivalent to hiring, or giving them their outfit to induce them to leave.
This last remark applies particularly to the immigration of 1842, andthe company that went to California with Mr. Hastings in the spring of 1843. This policy continued up to 1847-8, when the company found themselves, as they supposed, through the influence of their Jesuit missions and Indian allies, prepared to fully maintain their licensed mercantile privileges, but found themselves confronted by an army of five hundred brave and determined men, and an organization sufficiently strong and united to compel them to again change their policy, though not their secret hatred of what they termed American intrusion upon their imaginary rights in the country. In the seventeenth page of their memorial, they assert, “And they had therein and thereupon a right of trade which was virtually exclusive.——And such right of trade, and the control, possession, and use of said Territory, for the purposes thereof, independent of their foreign commerce and the sale of timber, exceeding in total value the sum of two hundred thousand pounds sterling ($973,333.33).” This statement is made in behalf of that company as their profits in trade before and up to 1846, which, together with the declaration of Dr. McLaughlin and Mr. Douglas, as found in chapter fifty-four, addressed to our Executive Committee under date March 11 and 12, 1845, is sufficient to indicate the true policy of the company, which will be more fully developed as we proceed.
Actions speak louder than words.—Efforts of the Hudson’s Bay Company to discourage immigration.—Account of the two Jesuits, F. N. Blanchet and P. J. De Smet.—Protestant missionaries discouraged.—Important position of the Rev. G. Hines.—Recall of the Rev. Jason Lee.—Efforts of the Hudson’s Bay Company to prevent emigration to the Territory.—Statement of General Palmer.—Indian combinations.—The Donner party.—Mr. McBean’s character.—Extent of Oregon at this time.
Actions speak louder than words.—Efforts of the Hudson’s Bay Company to discourage immigration.—Account of the two Jesuits, F. N. Blanchet and P. J. De Smet.—Protestant missionaries discouraged.—Important position of the Rev. G. Hines.—Recall of the Rev. Jason Lee.—Efforts of the Hudson’s Bay Company to prevent emigration to the Territory.—Statement of General Palmer.—Indian combinations.—The Donner party.—Mr. McBean’s character.—Extent of Oregon at this time.
Reaching thoughts by actions. This the historian of the times has a right to do; and by comparing the act and result, he can arrive with almost mathematical certainty as to what the thought was that originated the act, and produced the result. But we are not confined to this mode of reasoning. We have their own, and the statements of those favorable to them, to substantiate our conclusions.
1st. The inadvertent statement of F. Ermatinger, one of their chief traders, in 1838, that in case the American government attempted to take this country, the Hudson’s Bay Company would arm their eight hundred half-breeds, and with the aid of the Indians, drive back any force that could be sent across the continent to take it. Their navy could defend the coast. The Jesuits could influence the Indians.
2d. The arrangements made to bring to the country the Red River immigrants in 1842.
3d. The stationing of a ship of war at Vancouver to protect the company.
4th. The building of bastions at Fort Vancouver, and strengthening that post in 1845-6.
5th. The refusal of Mr. Douglas to furnish supplies to the provisional troops, sent to punish the parties engaged in the Wailatpu massacre.
6th. The supplying of Indians, by Mr. Ogden, with a large amount of war material, and his avowal not to have any thing to do with American difficulties.
7th. The letters and correspondence of Sir James Douglas.
8th. The positive statements of William McBean.
9th. The statements of Vicar-General Brouillet.
10th. The correspondence and letters of Bishop Blanchet.
11th. The testimony they have produced in support of their claims.
12th. The designs of the British government as indicated by James Edward Fitzgerald.
13th. The sending of American immigrants from Fort Hall and Oregon to California.
14th. The attempt to supply the Indians in the interior, by the aid of Romish priests, with a large amount of ammunition.
15th. The implacable hatred implanted in the mind of the Indian against Americans, through the influence of the Hudson’s Bay Company and the Jesuit missionaries brought to the country for that purpose.
16th. The strict rules of the company, and the continued effort to enforce those rules to the destruction of life and property.
We now come to the thoughts which originated and caused the foregoing acts.
These American missionaries have done more to defeat us, to settle the country, and defer the establishment of the boundary line, than all other efforts and causes combined.We must make another effort to destroy their influence, and drive them and their settlements from the country; and thus secure it to the British crown, for the use of the company, at the risk of a war between the two countries.
It will be remembered that Messrs. Lee, Parker, Whitman, Spalding, Gray, and other missionaries, had their passports from the Secretary of War of the United States, giving them permission to travel through, and settle as teachers in, the Indian country; and that all military officers and agents of the government were instructed to facilitate their efforts, and, if at any time it was necessary, afford them protection. These passports had been duly presented to the Hudson’s Bay Company at Vancouver, and had the effect to prevent a direct effort to destroy or drive them from the country, as they had done to all who preceded them.
Hence, an extra effort must be made to get rid of this American missionary influence, and the settlements they were gathering around them.
We will now proceed to give historical facts as connected with results.
Two intelligent, jovial, yet bigoted priests had been brought to the country by the company. They had traveled all through it, and had actually discovered the pure silver and golden ores of the Rocky Mountains, and carried specimens to St. Louis and to Europe. These priests fully understood the licensed rights of the Hudson’s Bay Company, and the efforts they were making to secure it to the British crown. They were also assured that, in case the American Protestant influence could be driven from it, the Papal would become the prevailing religion, as in California and Mexico. They knew that the EnglishEpiscopal effort was an early and utter failure, and that no renewed effort would be made in their behalf by the company, and that they were then using their influence to drive the Wesleyan missionaries from Moose Factory. Hence, they and their associates entered upon their work with a zeal and energy only equaled by him who was their first victim.
F. N. Blanchet visited Canada, New York, and Rome, and was made Bishop of Oregon. His associate, P. J. De Smet, gathered his priests and nuns, returned to the country, and entered vigorously upon their missionary work, having the substantial aid of the Hudson’s Bay Company, and the personal assistance of its members. Their churches, nunneries, and schools sprung up as if by magic in French Prairie, Oregon City, Vancouver, the Dalles, Umatilla, Pen d’Oreille, Colville, and St. Marie. The Protestant missions in the country were greatly annoyed by the unreasonable and threatening conduct of the Indians about their stations. They were demanding unreasonable pay for the lands upon which the stations were located, and paying but little or no attention to their American teachers. The American missionaries were becoming disheartened and discouraged, and were beginning to abandon their stations. Rev. A. B. Smith, of the Nez Percé mission, Dr. Richmond, from Nasqualla, Rev. Messrs. Kone and Frost, from Clatsop, and Mr. Edwards had left the country. Rev. Daniel Lee, Rev. H. K. W. Perkins, Mr. Brewer, and Dr. Babcock, had all become dissatisfied, and thought they had found a plausible excuse for leaving. A simple statement of a man in the employ of the Hudson’s Bay Company had more influence with them than their missionary vows and obligations to the churches that sent them out.
They were not satisfied with leaving themselves, but made charges against the purest and best man of their number, simply because that, while he was absent from Oregon in 1838-9, influences were brought into the country by the company, with the intent to defeat them, and destroy all Protestant missions,—applying the same policy to destroy the harmony and usefulness of the American missions, that they had used to destroy the power and influence of the Indian tribes; which was to divide them up into factions, and get them to quarreling among themselves, as in the case of Rev. J. S. Griffin and party. This would destroy their influence, and help to break up their settlements.
The Rev. Mr. Hines, with all his wisdom, sound judgment, and experience, became, unwittingly, an important instrument and apologist in this deep-laid scheme to rid the country of Protestant missionaries and American settlements. He was led to join his influenceagainst his truest and best friend, who is called home and superseded, and the mission stations abandoned and broken up.
Mr. Hines, on pages 236-7 of his book, says: “With regard to the objections against Mr. Lee, arising from his not furnishing the Board with the desirable report concerning the disbursement of thelarge appropriations, it should be observed that no such charge of delinquency appears against him, up to the time of the appointment of the great re-enforcement.” Dr. White was known to be a bitter enemy of Rev. Jason Lee, and a willing tool of the Hudson’s Bay Company. Mr. Hines, as his book, and the letters he wrote to Dr. White and the Indian Department at Washington, show, was favorable to the proceedings and policy of Dr. White and the Hudson’s Bay Company.
We understand, through Rev. Mr. Geary, that Mr. Hines attributed to Mr. Lee’s advice expenditures for buildings that were the pet objects of Mr. Hines himself; and thus Rev. J. Lee, to gratify the wish of others, yielded his own convictions of right, and in this way became an object of censure, which was the cause of his removal. The “changes inconceivably great with respect to the Indians of Oregon,” which, Rev. Mr. Hines says “took place betwixt the time the great re-enforcement was called for, and the time of their arrival in the Columbia River,” were brought to bear, and had their influence and effect, uponhim, in his Umpqua missionary trip, in his trip to the interior, in his representations to his Missionary Board, in his opposition to the provisional government, and had their influence upon his missionary brethren. These men, Mr. Hines included, instead of studying the true interests of the country,—their obvious duty to the churches that sent them out, and the cause they represented,—were flattered and cajoled by the artful members of a foreign monopoly, and made to believe they had talents superior to the field in which they were placed by the influence and advice of the superintendent, Mr. Lee, forgetting the changes above intimated, and having no suspicions that a secret foreign influence was working to bring about the utter failure of their Indian missions; nor supposing that the brightest and best talents would secure the most attention, and the surest effort to render them dissatisfied.
The whole statement about Mr. Lee’s recall, and the reasons assigned, appear to us to be unjust (though, perhaps, not intended) to the character of Mr. Lee. It was after the great re-enforcement spoken of, that the large expenditures referred to were made; hence, Mr. Hines’ excuse confirms the charge, and he only attempts to change the responsibility to another; while Mr. Lee, like Dr. McLaughlin, is suffered to fall by the influence of his professed friends.
The Jesuit priests, co-laborers with the Hudson’s Bay Company, did not hesitate to poison the minds of all who would listen to them against the Protestant missionaries and all their efforts; neither did they hesitate as to the means, so long as a certain object was to be accomplished. Le Breton, Lee, and Whitman must fall by their influence. The character of others must suffer by their malicious slanders and false statements. See Brouillet, pages 20 and 21, in which he attempts to show that Dr. Whitman and others were in the habit of poisoning melons to prevent the Indians from stealing them, while the fact is, the Doctor encouraged the Indians to come and get melons to eat freely, in order to induce them to cultivate for themselves; and we are certain that no one at the station at that time thought of putting poison into melons.
As we said, we are reading thoughts by words and acts, so as to arrive at a correct conclusion as to the thought that caused the act.
The American missionaries and settlements must be driven from the country. To do this, the Indians that have heretofore been kept at war among themselves, must now be united. Some changes must be made; Grant, of the Hudson’s Bay Company, must occupy Fort Hall, and do all he can to turn immigrants to California, and rob such as persist in coming to Oregon.
General Palmer says in his journal, page 43: “While we remained at this place (Fort Hall)great effortswere made to induce the immigration to pursue the route to California. The most extravagant tales were related respecting the dangers awaiting a trip to Oregon, and the difficulties and trials to be surmounted. The perils of the way were so magnified as to make us suppose the journey to Oregon almost impossible. For instance, the two crossings of Snake River, and the crossings of the Columbia and other smaller streams, were represented as being attended with great danger. Also, that no company heretofore attempting the passage of these streams, succeeded but with the loss of men, from the violence and rapidity of the currents, as also that they had never succeeded in getting more than fifteen or twenty head of cattle into the Wallamet Valley.
“In addition to the above, it was asserted that three or four tribes of Indians in the middle regionshad combined for the purpose of preventing our passage through their country. In case we escaped destruction at the hands of the savages, that a more fearful enemy—famine—would attend our march, as the distance was so great that winter would overtake us before making the Cascade Mountains. On the other hand, as an inducement to pursue the California route, we were informed of the shortness of the route when compared withthat to Oregon, as also of the many other superior advantages it possessed.”
It is not our intention to go into the history of California, but give what strictly relates to Oregon and her people in those early times. In the paragraph we have quoted from General Palmer’s journal, the reader will see a fiendish, a damning policy; and if our language has any severer terms to express evil motives and intentions, let him use them, as belonging to the course pursued by that organization yclept Honorable Hudson’s Bay Company, in attempting to prevent the settlement of Oregon, and sending whole families to starve and perish, and become cannibals in the mountains of California, rather than tell the truth, and aid them in getting to Oregon; as will be seen by the following extract from theGold Hill(Nevada)News, concerning the horrible sufferings of “The Donner Party:”—
“The world perhaps never produced a sadder and a truer story, nor one which will be so long remembered by many whose fortunes were cast on the Pacific slope in the early days of its settlement by the Americans. We personally knew one of the families that perished among the Donner party, and on reading the interesting letter in theUnionit awakened in our memory a little incident in connection with this sad calamity, which happened in the State of Illinois twenty years ago last April. At that time we were publisher of a newspaper in Putnam County, Illinois. Oregon and California were beginning to attract the attention of the Western people; and in the spring of 1846 a party of about fifty persons, farmers with their families, and young men, was made up in that county destined for Oregon. When the day of departure arrived, the whole party assembled in a village called Magnolia to agree upon camp regulations, appointment of officers, etc. As a journalist, we attended that meeting and published a full account of its proceedings. Among the party was ‘Uncle Billy Graves’ and his family, consisting of father, mother, two daughters, and a son, the ages of the children ranging from fifteen to twenty years. Uncle Billy Graves was a well-to-do farmer, with every thing comfortable about him; and, having already reached the age of threescore, it was a matter of surprise to many that he should sell his farm and start off to make a new home in such a far-off and wild country as Oregon then was. But the country in Illinois was getting too thickly settled for the old man, and he longed for the wild adventures of the far west. He pleaded and persuaded us to go with him, and to bring our office along, as Oregon would some day be a great country, and we would have the credit of having been the first to publish a newspaper in it. But circumstances over which we had no control prevented us, although wecertainly had the will and the wish just as Uncle Billy Graves advised. We remained in Illinois, and the Graves family joined with the overland party for Oregon. Letters written by the party during the summer were published in our paper. The last one written by any of the Graves family was dated at Fort Laramie, and this was the last heard of the old farmer. He joined the Donner party, which separated from the emigration to Oregon at Fort Hall, near the headwaters of the Columbia, and wending his way westward toward California, before its gold-fields were known in the world, he perished in the mountains, and his good old wife perished with him. The son and daughters of the Graves family were among the persons who were rescued by the relief party of sailors and others who were sent out by the benevolent Americans at Sutter’s Fort and San Francisco. A long letter written by one of the Graves girls was published in our paper in the year 1847, and which contained a full and sad account of the awful sufferings of the party. We shall never forget the manuscript of the letter. It was blotted all over with the tears which the poor girl shed while describing the sufferings of her famishing parents, their death, and the flesh of their dead bodies furnishing food for their starving children! Horrible! horrible! Let the bleached bones and skulls of the Donner party be gathered together and decently buried, for they once belonged to good Christian people.”
“The world perhaps never produced a sadder and a truer story, nor one which will be so long remembered by many whose fortunes were cast on the Pacific slope in the early days of its settlement by the Americans. We personally knew one of the families that perished among the Donner party, and on reading the interesting letter in theUnionit awakened in our memory a little incident in connection with this sad calamity, which happened in the State of Illinois twenty years ago last April. At that time we were publisher of a newspaper in Putnam County, Illinois. Oregon and California were beginning to attract the attention of the Western people; and in the spring of 1846 a party of about fifty persons, farmers with their families, and young men, was made up in that county destined for Oregon. When the day of departure arrived, the whole party assembled in a village called Magnolia to agree upon camp regulations, appointment of officers, etc. As a journalist, we attended that meeting and published a full account of its proceedings. Among the party was ‘Uncle Billy Graves’ and his family, consisting of father, mother, two daughters, and a son, the ages of the children ranging from fifteen to twenty years. Uncle Billy Graves was a well-to-do farmer, with every thing comfortable about him; and, having already reached the age of threescore, it was a matter of surprise to many that he should sell his farm and start off to make a new home in such a far-off and wild country as Oregon then was. But the country in Illinois was getting too thickly settled for the old man, and he longed for the wild adventures of the far west. He pleaded and persuaded us to go with him, and to bring our office along, as Oregon would some day be a great country, and we would have the credit of having been the first to publish a newspaper in it. But circumstances over which we had no control prevented us, although wecertainly had the will and the wish just as Uncle Billy Graves advised. We remained in Illinois, and the Graves family joined with the overland party for Oregon. Letters written by the party during the summer were published in our paper. The last one written by any of the Graves family was dated at Fort Laramie, and this was the last heard of the old farmer. He joined the Donner party, which separated from the emigration to Oregon at Fort Hall, near the headwaters of the Columbia, and wending his way westward toward California, before its gold-fields were known in the world, he perished in the mountains, and his good old wife perished with him. The son and daughters of the Graves family were among the persons who were rescued by the relief party of sailors and others who were sent out by the benevolent Americans at Sutter’s Fort and San Francisco. A long letter written by one of the Graves girls was published in our paper in the year 1847, and which contained a full and sad account of the awful sufferings of the party. We shall never forget the manuscript of the letter. It was blotted all over with the tears which the poor girl shed while describing the sufferings of her famishing parents, their death, and the flesh of their dead bodies furnishing food for their starving children! Horrible! horrible! Let the bleached bones and skulls of the Donner party be gathered together and decently buried, for they once belonged to good Christian people.”
The Indians also have become deeply interested in their schemes to prevent the settlement of the country.
We are told by Mr. Hines, on page 143, that they sent one of their chiefs on snow-shoes, in the winter of 1842-3, to excite or induce the Buffalo Indians to join them to cut off the immigrants that were expected to come to the country with Dr. Whitman.
Mr. McKinley, a professedly warm friend of Dr. Whitman, was removed from having charge of Fort Nez Percés, and William McBean, who (Mr. Roberts, an old clerk of the Hudson’s Bay Company, says) “is one of the d——dest scoundrels that ever lived,” put in his place.
The reader will not forget that we are speaking of events and movements in a country where an Indian in a canoe or on horseback or snow-shoes was our swiftest messenger, and that its boundaries included what is now the State of Oregon, the Territories of Washington, Idaho, and Montana, besides Vancouver Island and British Columbia.
The Hudson’s Bay Company was a powerful and unscrupulous monopoly, and the only representative of a vast empire on this western part of our continent. To possess the whole, or a valuable part of it, was an object worth using the influence they had spent years of labor and thousands (not millions, as they claim) of dollars to secure.
The time has now arrived when all is at stake.The American missionary societies have accomplished what American commerce and fur traders have failed to do.The trouble is now between a “squawtocracy of British skin traders” and Italian and Belgian Jesuits on one side, and American missionaries and settlements on the other. The traders and Jesuits have nearly overcome the American missionary influence. The settlements are organized. The old policy to get rid of all opposition fur traders, destroy Indian influence, and break up missions, must be tried, to prevent and destroy the settlements.
The thoughts expressed in this chapter have carried us in advance of the date of culminating events; hence, we must return, in order that we may bring them in the order of their occurrence.