Copyright 2000 - 2003 - Janine M. Bork
This page is part of the
Union County, OR AGHP
CHAPTER XXXI.
(1843.)
Sad Accident Near Willamette Falls - Departure of Immigrants of '42 for California - The "Petition of 1843," Its Authorship and Contents - Dr. John McLoughlin's Answer to Its Charges - Cattle Policy of the Hudson's Bay Company - Dr. John McLoughlin's Statement as to Formation of California Cattle Company - Rev. Daniel Lee's Statement as to Said Company - Oregon City Claim - Rev. George Gary, Superintendent of Oregon Methodist Mission, Sells Its Property to Dr. McLoughlin - Section Eleven of Donation Law of September 27, 1850 - The Immigration of 1843 - The Cattle Contract - Frémont's Second Expedition.
MEDOREM CRAWFORD, in the "occasional" address at the Pioneer's Reunion of 1881, thus chronicled the casualties and causes of discouragement which ushered in Oregon's spring of 1843. Early in February, an event happened which cast a gloom over the Willamette settlement: "Dr. White and Nathaniel Crocker of our company, W.W. Raymond of the Methodist Mission, Cornelius Rodgers, a teacher, with his wife and her young sister, daughters of Rev. David Leslie, were on their way to the falls in a large Chinook canoe manned by four Indians. Arriving at the rapids above the falls, where the breakwater and basin are now located, they attached a line to the canoe, as was the custom; and Mr. Raymond and two Indians walked along the rocks to hold it while approaching a landing place just above the falls, where the saw-mill now stands, across the channel. As the canoe came alongside a log, Dr. White stepped out, and instantly a strong current caught the stern, and, snatching the line from those on the bank, carried the canoe like a flash over the falls, only a few rods distant. The canoe was dashed into a thousand fragments, and, with its living freight, swallowed up in the whirlpool below. This was indeed a fearful blow to our little colony. And, as the sad tidings were carried through the settlement, all business was suspended and general grief and sadness pervaded.
"A number of our company, probably one-third, dissatisfied with the winter, acting on their migratory instincts, determined to go to California. It was said of some that they never remained in one place longer than to obtain the means to travel; and of one family in particular, that they had practically lived in the wagon for more than twenty years, only remaining in one locality long enough to make a crop, which they had done in every state and territory in the Mississippi valley. Accordingly, under the lead of L.W. Hastings, they set out as soon as the weather would permit, and, after encountering some difficulty with Indians, reached the Sacramento valley. Those who remained generally located claims in the Willamette valley, which were recognized and respected without other protection than public opinion until the Provisional government was established."
In March, a petition to Congress was circulated, and was signed by many influential members of the Oregon Methodist Mission, and American settlers. Equally prominent
(242)
missionaries and settlers refused to sign. The "Petition" was really an appeal to the United States government to adopt measures against the continuance of the Hudson's Bay Company in the territory. It was a bitter manifesto against that company, its presence in the territory, its policy of trade and manner of occupancy. It inveighed against Dr. John McLoughlin and his associate officers for "opposition to the improvement and enterprise of American citizens." Its circulators and signers denounced those who refused to sign as anti-American. Those charges and counter-charges, sympathies or prejudices, constituted the politics of that period. The petition was dated march 25th. Robert Shortess' name headed the list of sixty-five signers. he was long accredited as its draftsman. On the 1st of September, 1867, he made the following statement (1): "The authorship of that famed petition being claimed by Governor Abernethy, I will state the part he had in getting it up. I, without consulting any one, determined on an application to Congress, and drew up a summary of the subjects I intended to embrace, and showed it to one or two persons. It was decided to request Mr. Abernethy to write it in proper form, which he did, but refused to sign or allow it to be circulated in his handwriting, fearing it might injure the mission. I had it copied by A.E. Wilson. It was circulated and, through his assistance, sent to Washington. As Governor Abernethy would feel himself unjustly treated if the authorship of the petition were ascribed to me, I will state that he wrote it at my request and from my notes, but refused to sign or have it circulated in his handwriting" (2).
The petition recites: "laws are made to protect the weak against the mighty; and we feel the necessity of them in the steps that are constantly taken by the honorable Hudson's Bay company, in their opposition to the improvement and enterprise of American citizens. you have been apprised already of their opposition to Captain Wyeth, Bonneville and others; and we find that the same spirit dwells with them at the present day. Some years ago, when the Hudson's Bay Company owned all the cattle in Oregon, they would not sell on any conditions; but they would lend their cows to the settler, he returning to the company the cows loaned, with all the increase. And, in case of the death of a cow, he then had the privilege of paying for it. But after settlers, at a great risk and expense, went to California and purchased for themselves, and there was a fair prospect of the settlement being supplied, then the Hudson's Bay Company were willing to sell, and at lower rates than settlers could sell.
"In 1841, feeling the necessity of having mills erected, that would supply the settlement with flour and lumber, a number of the inhabitants formed themselves into a joint-stock company, for the purpose of supplying the growing wants of the community. Many farmers were obliged to leave their farms on the Willamette, and go six miles above Vancouver, on the Columbia river, making the whole distance about sixty miles, to get their wheat ground, and at a great loss of time and expense. The company was formed, and proceeded to select a site. They selected an island at the Falls of the Willamette, and concluded to commence their operations. After commencing, they were informed by Dr. McLoughlin, who is at the head of the Hudson's Bay Company's affairs west of the Rocky Mountains, that the land was his, and that he, although a chief factor of the Hudson's Bay Company, claims all the land at the east of the Willamette, embracing the Falls, down to the Clackamas river, a distance of about two miles.
"He had no idea, we presume, that the company would succeed. However, he erected a shed on the island, after stuff was on the island to build a house, and then gave
(1) Autograph letter to author.
(2) The "Petition" will be found
in the documents of the twenty-eighth Congress, first session.
them permission to build under certain restrictions. They took the paper he wrote them, containing his conditions, but did not obligate themselves to comply with the conditions, as they did not think his claim just or reasonable. Many projects had been started by inhabitants, but, for want of means and encouragement, failed. This was predicted for the milling company. But, after much labor and difficulty, they succeeded in getting a saw-mill erected and ready to run, and entered into a contract to have a grist-mill erected forthwith. And now, as they have succeeded, where is the Hudson's Bay Company? Dr. McLoughlin employs hands to get out a frame, and erects it at Willamette Falls; and we find, as soon as the frame is up, the gearing, which has been made at Vancouver, brought up in boats, that that which caused a feeble company of American citizens months of toil and embarrassment is accomplished by the chief factor of the Hudson's Bay Company in a few weeks.
"He has men and means, and, it is said by him, that in two weeks his mill will be sawing. And what will be the consequence? Why, if the milling company sell for fifteen dollars per thousand, he can sell for twelve; if they reduce the price to ten, he can come to eight, or five, or two dollars per thousand. He says he will have a grist-mill in operation. All the wheat in Oregon they are anxious to get, as they ship it to Russians on the northwest coast. In the first place, they measure wheat in a half bushel, called by them 'imperial measure,' much larger than standard measure of the United States. This not answering, they next proceed to kick the half bushel with their foot to settle the wheat. Then they brought up a measure larger than the former; and now they fill this measure; then strike it three times with a stout club, and then fill it up and call it fair measure.
"Against such proceedings we need law, which will be respected and obeyed. About twelve or fourteen years ago, the Hudson's Bay Company blasted a canal a few feet, to conduct water to a mill, they were going to build, timber for which is now lying at the Falls, rotting. They, however, abandoned the thing altogether, and built their mills on the Columbia, about six miles above Fort Vancouver, on the north side of the river.
"In the year 1838, agreeably to orders left by Mr. Slacum, a house was erected at the Falls to secure the claim for him. In 1840, the Methodist Mission erected buildings and stationed two families there, and made a claim to sufficient land for their buildings, not interfering with any others who might wish to build. A short time previous to this, Dr. McLoughlin had a storehouse erected for the company, not occupied, however, further than to store wheat and other articles, and as a trading-house during the salmon season. After this, in 1841, a shanty was erected, and a man kept at the Falls, whose business it was to trade with the Indians for furs and salmon, and look out for the Doctor's claim, he said, and to forbid persons building at the Falls, as some had built, and others were about building. This man was, and still is, a servant of the Hudson's Bay Company.
"During 1841 and 1842, several families settled at the Falls, when Dr. McLoughlin, who still resides at Fort Vancouver, comes on the ground, and says the land is his, and every person building without his permission is held as a trespasser.
"Without reference to any person's right or claim he employs a surveyor to run out the plat; and as a bill was before the Senate of the United States to grant every white male inhabitant a mile square, he has a mile run out to suit his views, and lays out a town plat at the Falls, and calls it 'Oregon City.'
"Although some, for peace sake,
asked him for lots they already had in possession, and which he appeared
very willing to grant, the Doctor now felt himself secure, and posted up
the annexed paper:
"Notice is hereby given to all whom it may concern, that those who have obtained grants of lots in Oregon City will be expected to call on L.W. Hastings, my authorized agent at Oregon City, and obtain bond for deed or deeds, as the case may be. Those who hold claims to any lot, and who comply with above requisite on or before the first day of February next, will be entitled to their lot or lots; otherwise, lots upon which they hold claims will thereafter be subject to any disposition which the undersigned may think proper to make of them.
"'JOHN McLOUGHLIN.'
"All who had lots were required to pay Mr. Hastings five dollars for a deed of land which they knew very well the grantor did not own, and which we hope he never will own, but that Congress will pass a special act, granting each man his lot and improvements. To those who applied and paid their five dollars, all was right with the Doctor; while those who considered his title to the land not good, and that therefore he had no right to direct who should build and who should not, had their lots sold to others. In one case, the purchaser came to the original claimant and ordered him to stop digging the ground which he was preparing for a garden, and commanded him to remove his fences, as he had Dr. McLoughlin's bond in his pocket for the lots; and if he did not move the fence, he would, and did, take forcible possession. Those who desired to have no difficulty, and did not apply for a deed, have lost their lots, the Doctor's promise and all. And Mr. Hastings, the Doctor's agent, is now offering for sale lots on which a part of the mission buildings stand; and if he succeeds in finding a purchaser, they must either contend or lose their buildings, too.
"Dr. McLoughlin has held claims in other places south of the Columbia river. At Tualatin Plains and at Clackamas Plains, he has huts erected to prevent others from building. And such is the power of Dr. McLoughlin, that many persons are actually afraid to make their situations known, thinking if he hears of it he will stop their supplies. Letters were received here from Messrs. Ladd & Co., of the Sandwich Islands, in answer to a letter written by the late Ewing Young, for a few supplies, that orders were received forbidding the company's vessels carrying any goods for the settlers of Oregon. Every means will be made use of by them to break down everything that will draw trade to this country, or enable persons to get goods at any other place than their store.
"One other item and we are done. When United States government officers of distinction arrive, Fort Vancouver is thrown open and every facility afforded them. They were eve more condescending to settlers during the time the exploring squadron was in the Columbia. Nothing was left undone to give the officers a high opinion of the Hudson's Bay Company."
Dr. John McLoughlin was, and since the combination of the Hudson's Bay and North West Companies had been, in charge of the Hudson's Bay Company's affairs west of the Rocky Mountains. The policy denounced in the petition had been established by him. It details a series of acts, dishonest, sordid and selfish upon his part, - mean, oppressive and ruinous to the settlers. That early friend of Oregon, that eminent benefactor of his race, has long since been called to his reward. Those whom Robert Shortess names as connected with the authorship of the petition are no more. Happy is the duty in giving publicity to the manly and generous views of the conceiver of that "Petition." In a letter to the author, quoted above, Mr. Shortess says:
"In a short time the entire policy
of the company, or at least of Dr. McLoughlin, underwent a change; and
he, the Doctor, afforded very great facilities to immigrants and
settlers, for which, in many cases, he received an ungrateful return. He was a man of excellent qualities of head and heart; and few men wielding the power that he did would have done it with greater leniency."
That document was an arraignment of John McLoughlin for his management of the Hudson's Bay Company's affairs, an accusation of oppression and wrong to the Oregon pioneers and their families: 1. It charges that Dr. McLoughlin refused to sell cattle for many years, and afterwards sold at lower rates than settlers; 2. It refers to the Oregon City claim. It was valuable as a townsite, and for its wonderful water power. Such features made it valuable to the Methodist Mission, to the American settler. The petition denounces the Doctor's acts of settlement as in bad faith; that his claim is without shadow of right. It asks that he may be divested of interest, his claims be ignored and disregarded; 3. It complains that he can build mills and saw lumber cheaper, and does undersell the settler; 4. It alleges that in buying wheat he insisted upon good measure; 5. That those who had recognized his claim to Oregon City, and had obtained grants of lots from him, he notified to comply with their contract; 6. That the company's vessels were not allowed to bring goods from the Sandwich Islands to settlers; 7. That the company's officers were more hospitable to visiting officials and persons of distinction than to private citizens.
Simple justice to the memory of the dead demands quoting Dr. McLoughlin's own comments upon those imputations upon his personal integrity and method of dealing. Of the cattle policy and the Oregon City claim, more extended discussion cannot be avoided. As soon as Dr. McLoughlin had been informed of the charges made in the petition, he thus referred to them (1):
"First, as to my opposing them in purchasing cattle, it is false. Mr. Lee knows how false this is. Every one knows, who was then in the country, that so anxious was I to replenish the country with cattle, that I killed none till 1838, and would sell none, because, as I told them, they would kill them, and not allow them to increase. But I lent cattle to every man who wanted to settle, for which, when they had them, I took wild cattle from California, and of which fully one-half died a short time after we got them. As to kicking or striking the half bushel, it is the custom in that part of Canada where I have been. The measure is the imperial measure, and which ought to contain seventy pounds of good wheat. Talking some time ago with Dr. White, in case the cooper might have made a mistake, I had a half bushel measured by an imperial copper half-pint measure (sent here for the purpose), in the presence of Dr. White, and, though it was exactly the measure with water, yet I find, filled with wheat, it does not weigh seventy pounds; and as our wheat is as good as any I know, I infer that the measure is smaller than it ought to be, which is caused by the copper measure having been knocked a little on the side, and is, therefore, smaller than size. The truth is, when I was first asked the price of wheat, I said two shillings and sixpence, as I calculated a bushel to weight sixty pounds; but finding, on measuring it that it weighed seventy-two pounds, I told them, without their asking it, I would give three shillings per bushel.
"I thought that my character as an honest man was beyond suspicion; when I find who those are who have cast these reflections on me, I shall have no dealings with them, as I will not deal with people who suspect my integrity. As to reports, if they sold their boards for twenty dollars per thousand, I would sell them for fifteen dollars per thousand, and undersell them, it is false; and, as to the Hudson's Bay Company and I opposing
(1) Letter
to Lansford W. Hastings, Esq., April 10, 1843.
the interests of citizens, really, the citizens are themselves the best judges if we did so or not. And I am certain, if they are so lost to a sense of what is due to truth as to make such an assertion, it is useless for me to say anything; but I feel confident that I can easily prove it is not so, and that a very large majority will support me in it. As to the petition, if the document went no further than this place, I would be silent; but when I consider where it is to go, and to whom it is to be presented, respect to them and to myself makes it my duty to take notice of it."
Persistent refusal by Dr. McLoughlin to sell cattle to the Oregon Methodist Mission and to settlers had caused great disaffection to the company. Dr. McLoughlin thus referred to the course adopted by him, and rigidly adhered to it until 1838:
"I lent them each two cows, as in 1825. We had only twenty-seven head, big and small, old and young. If I sold, they would of course be entitled to the increase, and I would not have the means to assist new settlers; and the settlement would be retarded, as those purchasers who offered me two hundred dollars for a cow would put such a price on the increase as would put it out of the power of poor settlers to buy. This would prevent industrious men from settling. For these reasons I would not sell, but loaned two cows to each settler; and, in case the increase of settlers might be greater than we could afford to supply with cattle, I reserved the right to take any cattle (above his two cows) from any settler to assist new settlers. To the Methodist Mission, as it was a public institution, I lent seven oxen, one bull and eight cows, with their calves."
The reason offered by Dr. McLoughlin was that there was insufficient stock in the country; that importation was most expensive and hazardous; and that all that there was in the country should be preserved to secure increase, was unavailing. To the settler it was not satisfactory to be told that the company's start had been a few head driven at vast expense and danger along the coast from the Russian establishments on Bodega Bay, in California; that those establishments most begrudgingly spared them, their California settlements being only intended to supply northern trading-posts; that the colonial law of California prohibited the exportation of female cattle. The scarcity of cattle, the dissatisfaction of settlers because of this refusal to sell, continued until the importation of stock by the California company. Referring to that enterprise, Dr. McLoughlin said:
"In the winter of 1836-7, we found means of forming a company to go to California for cattle. I took half of the stock for the Hudson's Bay Company, so that, by purchasing a larger number (as the expense of driving five hundred or a thousand was the same), it would make the cattle cheaper. Those of the settlers who had means put it in stock; those who had none engaged as drivers at one dollar per day, to be paid in cattle at their actual cost. Mr. Slacum, who came here in a chartered vessel, gave them passage gratis to San Francisco. Ewing Young was selected to conduct the party. P.L. Edwards, of the Methodist Mission, was appointed treasurer. They brought, I think, about seven hundred head of cattle, which cost about eight dollars per head rendered in the Willamette. The settlers kept the tame and broken oxen belonging to the Hudson's Bay Company, and gave their California wild cattle in their place; so that they found themselves stocked with tame cattle, which cost about eight dollars per head. The Hudson's Bay Company, to favor settlers, took calves in place of grown-up cattle, because the Hudson's Bay Company wanted them for beef, and these calves would grow up before they were required."
Rev. Daniel Lee, nephew and associate
of Rev. Jason Lee, in "Ten years in Oregon," thus refers to the formation
of the California Cattle Company: "At this period (winter of 1836), the
cattle in the country nearly all belonged to the Hudson's Bay Company;
and, as it was then policy not to sell any, it became necessary for some measures to be adopted to obtain elsewhere what could not be bought of the company. In order to effect this, an expedition was in contemplation when Mr. Slacum (1) arrived.
"On Mr. Slacum being advised of the proposed expedition to California for cattle, and the objects of it, he lent his aid to carry it into immediate effect, and tendered passage to those who might compose the party. Of this very reasonable and unexpected means of reaching California, the party availed themselves. A company was formed, and stock invested to a considerable amount, to which were to be added the avails of labor which the party might perform during their detention in California till the ensuing summer, when they were to return to Willamette, where the business was to be closed. After deducting expenses of the expedition, the owner was to receive his share of cattle according to his investment. It being desirable to stock the mission, in view of securing permanent provision for its future sustenance in its anticipated enlargement and progress, Rev. Jason Lee, Superintendent, invested six hundred dollars, mission funds, for this purpose. The party was organized, and was headed by Ewing Young, accompanied by P.L. Edwards, of the mission, as purser of the company.
"The cattle party took passage with Mr. Slacum, and, after some detentions at Baker's Bay, reached California in safety. Here they went to work and commanded high wages, till next spring, and, as soon as arrangements had been completed, commenced their march to the Willamette. Under an old colonial law, the transportation of female cattle had been prohibited. Messrs. Young and Edwards, having secured a removal of the restriction, bought 800 head of cattle at three dollars per head, and forty horses at twelve dollars each, making the whole outlay $2,880.
"Their return journey was full of hardships and through a rough, mountainous country. Numbers of cattle were drowned in swimming rivers. Some strayed, and some were shot by Indians. One Indian was killed by the party. They reached Willamette in October, 1837, with about six hundred head. the horses having been sold at public sale, the cattle were found to have cost seven dollars and sixty-seven cents apiece; of these, more than eighty head belonged to the mission."
That importation not only supplied settlers with seed cattle, but it enabled them also to restore to the Hudson's Bay Company borrowed cattle, upon most advantageous terms to themselves. The company thereafter allowed their stock to roam unmolested over extensive pasturage ranges north of the Columbia, their object being the raising of beef cattle for their establishments, and the ultimate exportation of hides and tallow. Subsequent to 1838, the company's cattle, except a few for work and dairy use, were suffered to run wild, and were hunted as deer.
In the petition of '43, opposition to the claim of Dr. John McLoughlin to the tract of land including Willamette Falls, the Oregon City claim, was grounded upon: "1. He does not make such tract his continuous residence; but his time is divided between Fort Vancouver and elsewhere; 2. He is a British subject; 3. He claims tracts in other localities; 4. Like the 'dog in the manger,' when others would utilize the water-power at the Falls, by preparation to erect mills, he, also, then prepared to build; and as, with his superior facilities, he could undersell Americans, his threatened competition deters enterprise; 5. He has disposed of lots without himself having title."
British subjects, and citizens of the United States, then inhabited the territory. Did they not enjoy the same privileges to occupy land and make homes? Were not the
(1) Purser
W.A. Slacum, U.S. Navy. See ante.
possessory rights of each entitled to the same recognition and respect? It can hardly be questioned that, until sovereignty of soil was recognized to be in the United States, until Federal jurisdiction and law had been extended over the territory, that the American citizen enjoyed no greater privileges than the subject of the Queen of Great Britain. Until establishment of law and courts within the territory, all, of whatever nationality, were possessed of the same rights to occupy and utilize land, their guarantees of future ownership and confirmation of title being equal. If British subjects, in common with American citizens, could not, at that time, by occupying lands in Oregon, acquire possessory rights in such land, then Dr. McLoughlin was a mere squatter at Willamette Falls, whose right to such claim continued only while actual possession was maintained. His right was, of course, subject to whatever conditions should be prescribed by law, when the territory became an organized government. If he were an alien, and that class were disqualified from acquiring lands, then Dr. McLoughlin would be compelled to elect whether he would continue his alienage or become a citizen of the United States. Should actual residence for a prescribed period be imposed as a condition to acquire title, he would have to comply with the law or forfeit his claims. In short, whatever the law should impose would have to be performed by every British subject in common with every American citizen.
There existed the conviction, on the part of American residents, that Oregon South of the Columbia river would never be recognized as British territory. So believing, their jealousy against British subjects seizing the most valuable claims in that section may be extenuated. To that jealousy may be attributed the presence in the "Petition" of frivolous insinuations, detracting from the tone of a memorial of grievances, and lowering it to a mere dogmatic tirade. However natural such prejudice, it was none the less unjust. In 1818, the United States and Great Britain, the national claimants of the territory, had entered into a treaty providing for its joint occupancy for ten years. In 1827, that condition of affairs had been continued until it should be terminated after twelve months' notice had been given by either nation. "The country westward of the Stony Mountains had continued free and open to vessels and subjects of both nations."
The faith of the two nations
for a quarter of a century had been solemnly pledged that British subjects,
and citizens of the United States, might settle in any part of the vast
region west of the Rocky Mountains, and from forty-two degrees to fifty-four
degrees, forty minutes north latitude, and that no prejudice to the territorial
claim of either nation should inure by such settlement. As nations, neither
could occupy to the prejudice of the other; but to British and American
citizens, in an equal degree, the country was free and open. Both were
equal before that treaty, the supreme law of the land. Nay, more, acts
of Congress had been suffered at different sessions to pass the Senate
or House of Representatives (not concurrently, for it was not intended
that they should become law while the territory was in dispute), for it
was not intended that they should become law while the territory was in
dispute), but, foreshadowing a legislation encouraging the settlement of
Oregon, by donations of land to all who would settle, regardless of nationality.
The boon was extended tot he native born to go to ORegon. It was alike
offered as an incentive to the Briton, there to become an American citizen.
Congress voluntarily indicated a policy encouraging settlement. It held
out inducements, to both the native born and alien, to settle and acquire
land in Oregon. It virtually promised that, when sovereignty was determined
to be in the United States, such land should be confirmed to the actual
settler.
Under the Joint-Occupancy Treaty, under the spirit of the legislation of Congress, intended to invoke occupancy of Oregon, and thus secure to the United States an advantageous termination of the boundary controversy, Dr. John McLoughlin, by the expressed action of the United States, stood in the same relation as a native-born citizen, entitled to the same consideration at the hands of the United States Congress as did the signers of the Petition of 1843. The vast territory was open to him as a British subject, free to settle anywhere; for none had been present to oppose him when he came. As early as 1828-29, he had encouraged the formation, south of the Columbia river, of an agricultural settlement by retired servants of the Hudson's Bay Company. In 1829, he projected the erection of a saw and grist mill, as an auxiliary to such settlement; with this in view, to obtain water power, he occupied the land at Willamette Falls, the present site of Oregon City. During the winter, his workmen had resided there in three log houses, preparing timber for the saw-mill. In the spring, following, they cultivated a garden. The Canadian settlement made but little progress, as the necessities for lumber and of the wheat supply did not demand the immediate erection of mills. In 1832, the mill race was blasted. In 1838, the square timber was hauled to the site of the mill, and a house and store were erected, the houses built in 1829 having been destroyed by Indians.
In 1840, Rev. Jason Lee, Superintendent of the Oregon Methodist Mission, applied to Dr. John McLoughlin for permission to build a missionary station at Willamette Falls, and for the loan of sufficient square timber for the erection of mission buildings. Dr. McLoughlin freely granted sufficient ground for the buildings. As machinery for his mill had not arrived, he loaned the mission the desired timber. Dr. William F. Tolmie, then on duty at Fort Vancouver, was sent to show Superintendent Lee what had been reserved for the mill yard, and to designate the spot upon which Dr. McLoughlin consented that the mission building might be erected. To avoid misunderstanding, as also to give publicity to his claim, Dr. McLoughlin addressed Rev. Jason Lee, July 21, 1840, written notice, embodying his offer. The Rev. Jason Lee, Superintendent, accepted that officer, recognizing Dr. McLoughlin as the party authorized to make it.
The Methodist Mission building
was at once erected, consisting of two apartments, one for a store, the
other for the residence of the missionary, Rev. A.F. Waller. In 1841, Felix
Hathaway had some timber upon an island, intending to build. He was notified
by Dr. McLoughlin that the claim of the latter embraced that island. In
that same year was formed the "Willamette Milling and Trading Company,"
three-fourths of the stock being held by members of the Oregon Methodist
Mission. There were a few shares held by independent settlers, among whom
was Felix Hathaway. He and his associates now occupied the island regardless
of the claim of Dr. McLoughlin. The company at once proceeded to erect
a saw and grist mill on the island, containing about two and a half acres,
afterwards called Abernethy Island. The water flowered over it during high
water; at low water, it is separated from the main land by a channel forty
feet wide. Dr. McLoughlin, as soon as he learned of the formation of the
company, and their purpose, notified them that his claim included the island,
but consented to their going on, giving them a written document, in which
he made certain reservations. Superintendent Lee, who attended the first
or second meeting of the company, before any operations had been commenced,
stated that the island upon which they contemplated building was within
the limits claimed by Dr. McLoughlin.
In the fall of 1842, Dr. McLoughlin, having heard that Rev. A.F. Waller intended to claim the Falls, communicated such rumor to Superintendent Lee, who, having seen Mr. Waller, assured him that he denied such intention. A few days later, a settler applied to Dr. McLoughlin for a building lot. He was directed to make his selection. Waller, noticing the settler so engaged, ordered him to desist, saying "it was all well enough for Dr. McLoughlin to give away lots on Mr. Waller's claim, but he preferred to give away his own lots." This unmistakable claim by Mr. Waller called forth a correspondence between Dr. McLoughlin and Superintendent Lee. On the 18th of November, 1842, Dr. McLoughlin inquired of Superintendent Lee whether Rev. A.F. Waller claimed a mile square at Willamette Falls; to which, on the 28th, Superintendent Lee replied:
"I said to you that I had conversed with Mr. Waller on the subject of claims at the Falls, and that I understood him to say that he sat up no claim in opposition to yours; but, if your claim failed, and the mission did not put in a claim, he considered he had a better right than any other man, and should secure a title to the land if he could. From what I have since heard, I am inclined to think I did not understand Mr. Waller correctly; but I am certain it is so You will here allow me to say, that a citizen of the United States, by becoming a missionary, does not renounce any civil or political right. I cannot control any man in these matters, tho' I had not the most distant idea, when I stationed Mr. Waller there, that he would set up a private claim to the land."
No satisfactory settlement was reached between the Rev. Mr. Waller and Dr. McLoughlin, although several propositions appear to have been made. In the summer of 1843, John Ricord, Esq., who styled himself "Counsel of the Supreme Court of the United States," stopped at Fort Vancouver, and, while there, remarked that, as Dr. McLoughlin was a British subject, he could not hold Willamette Falls. Dr. McLoughlin proposed to retain his professional services, and asked him to indicate how he (Dr. McLoughlin) could secure his property-rights at the Falls. Ricord declined to give an opinion; but, a few days later, in company with Rev. Jason Lee, he again called at Fort Vancouver, upon which occasion he handed to Dr. McLoughlin a note, in which the following offer was made:
"I shall be most happy to serve you
on the following conditions: That your pre-emption line be so run as to
exclude the island upon which a private company of citizens have erected
a grist-mill, conceding to them as much water as may be necessary for the
use of said mill; that Rev. A.F. Waller be secured in the ultimate title
to two city lots now in his possession, and other lots, not exceeding five
acres, to be chosen by him from among unsold lots on your present survey;
that Rev. Jason Lee, on behalf of the Methodist-Episcopal Mission, be also,
in like manner, secured in regard to certain lots in Oregon City. For my
services, in attempting to establish your pre-emption to the land in question,
the sum of
L300 sterling money.
"The three first-mentioned conditions
are induced by a wish to escape the censure of several personal friends
in this country; to diminish at the same time, as much as possible, the
opposition which I am convinced will be made to your claim; and to secure
on your behalf the valued testimony of some important witnesses. I would
desire not to make public the fact of my retainer, lest any person, unfriendly
to your claim, should in the meantime endeavor to counteract my efforts.
Conciliation ought to be observed towards those who have heretofore pretended
to hold adverse possession of the same tract."
This proposal, which had the appearance of a desire for amicable settlement, but was really a suggestion that Dr. McLoughlin should yield everything to those he had too much reason to believe were trespassing on his rights, was declined. He replied: "I am most anxious to do everything I can to promote a good feeling among members of our little community; still the desire ought to be mutual. But, in the document you gave me, the concessions are all to be on my side; and some of these are perfectly inadmissible, as they are out of my power to be complied with."
A week later, Counselor Ricord regretted that he was precluded from serving Dr. McLoughlin, and notified that officer that he wished to go to the Sandwich Islands, and inquired about securing passage. That was about the 17th of November. Rev. Mr. Lee, Superintendent, accompanied Ricord to the Sandwich Islands on the bark Columbia. Dr. McLoughlin then made an offer in regard to the mission's claim, and also as to the milling company, but did not recognize any right in Rev. A.F. Waller. Three days before this verbal interview, Counselor Ricord had penned a notice, dated December 8, 1843, which he caused to be served February 22, 1844. That notice was signed by Ricord as "Counsel of the Supreme Court of the United States, and attorney for A.F. Waller." Said counsel also issued an address to the people of Oregon in behalf of his client, Rev. A.F. Waller, invoking them to resist the aggressions of Dr. McLoughlin. In that address will be found this demagogic appeal: "These, fellow citizens, are the facts and some of the points of law in my client's case. Upon the same principle contended for by Dr. McLoughlin, any of you may incur the risk of being ousted from your farms in the colony by the next rich foreigner who chooses to take a fancy to do so, unless, n the first instance, you come unanimously forward and resist these usurpations." The letter to Dr. McLoughlin by the attorney of Mr. Waller is interesting, because it shows the animus of those who would deprive Dr. McLoughlin of his property, or his right of possession to property. John Ricord, "Counsel of the Supreme Court of the United States, thus stated the position of his client:
"A.F. Waller has taken formal measures at Washington to substantiate his claims as a pre-emptor and actual settler upon the tract of land, sometimes called the Willamette Falls settlement, and sometimes Oregon City, comprising six hundred and forty acres; and, being aware that, although a foreigner, you claim to exercise acts of ownership over said land, this notice is given to apprise you that all sales you may make of lots, or other subdivisions of said farm, after the receipt hereof, will be regarded by my client, and by the government, as absolutely fraudulent, and will be made at your peril.
"The grounds upon which my client claims exclusive right, under the laws of the United States, of acquiring a patent for said land, are:
"1st. As a citizen of the United States, in 1840, when he first took possession of the same;
"2d. Prior occupancy, building, fencing and clearing of said land, from which he has never removed his domicile.
"The ground on which he denies your pretended claim to the right under the laws of the United States of acquiring a patent to the said tract of land are:
"1st. That you are an alien, owing allegiance to a foreign government; and therefore you are not eligible to such a claim;
"2d. That you are the chief officer
of a foreign corporate monopoly, and that that would be sufficient of itself
to debar you of any such rights;
"3d. That you have never resided upon the land alluded to since the month of December, A.D. 1840, when you first openly laid claim to the same; but that, on the contrary, you have always resided and still reside at Vancouver, on the north bank of the Columbia, within the territory actually in dispute between the two governments, at least twenty miles from this land; and that, upon no other principle than that of omnipresence, could you be supposed to settle thereon;
"4th. That while you pretend to hold said land for yourself, you in fact hold the same for a foreign corporate body, evinced by the employment of their agents and partners, as your pretended agents; and, as no corporation in the United States can acquire land by pre-emption, so most assuredly a foreign one cannot; and,
"5th. That your claim arose, if at all, more than two years subsequently to your actual possession, building, fencing, clearing and cultivation; and that therefore, all other reasons aside, it cannot be so good.
"I regret extremely the failure of my endeavor to make an amicable compromise of this matter, and that my client has been driven to the vexatious proceedings of the law, in order to establish his rights as an American citizen."
And thus matters had continued, without material change, until the spring of 1844. In April, Dr. Elijah White, while on a visit to Fort Vancouver, conversing with Dr. McLoughlin upon the subject of differences between the Methodist Mission and Mr. Waller, on the one part, and Dr. McLoughlin on the other, as to the Oregon City claim, volunteer to interview Mr. Waller. An arbitration resulted. Dr. Elijah White, James Douglas and William Gilpin were selected, who awarded to Rev. A.F. Waller five acres and five hundred dollars, and to the Oregon Methodist Mission fourteen lots. Governor James Douglas had favored buying off the Doctor's contestants, and the Doctor submitted.
In June, 1844, Rev. George Gary succeeded Rev. jason Lee as superintendent of the Oregon Methodist Mission. The sale of the property of the mission having been determined upon, Superintendent Gary, on the 15th of July, submitted in writing the following proposition to Dr. John McLoughlin: "The following is the valuation we put upon the property of the Missionary Board of the Methodist-Episcopal Church in this place (Willamette Falls). We deem it proper to present a bill of items, that you may more fully understand the grounds of our estimate: One warehouse, $1,300; one white dwelling-house, $2,200; outhouses and fencing, $200; old house and fencing, $100; four warehouse lots, $800; eight lots in connection with dwelling-house, $1,400. Total, $6,000. The two lots occupied by the church are not included in the above bill. If you should conclude to purchase the above-named property, you will do it with the understanding that we reserve the occupancy of the warehouse until the 1st of June, 1845; the house in which Mr. Abernethy resides until August, 1845; and all the fruit-trees on the premises, to be moved in the fall of 1844 or spring of 1845; and the garden vegetables now growing. If you see fit to accept this proposition, please inform us at the earliest opportunity, as we cannot consider ourselves pledged longer than a day or two."
Dr. McLoughlin felt outraged at this
extortion. In vain he referred to the fact that he had so recently donated
the lots; that the old house was built with lumber borrowed of him. He
suggested that the matter might be referred to the Methodist-Episcopal
Missionary Board; but every proposition was rejected. The reverend gentleman
justified himself, as it was "business." The business man vainly
urged that honor and conscience might be regarded. The terms were accepted; the mission, as such, was out of the controversy, but not its late constituent elements. As individuals, the relentless spoliation against him continued.
With the great migration of 1843 had come Peter H. Burnett, a lawyer from Missouri, with a reputation for ability and integrity. (The Oregon Provisional government made him Chief Justice. When Oregon became an United States territory, he was appointed an Associate Justice of its Supreme Court. Moving to California n 1849, he was elected first governor of that state, and served afterwards upon its Supreme bench.) Dr. McLoughlin retained him as counsel. Under his advice, Waller, though still an occupant landlord, under whom, as tenant, he had entered. The milling company was notified that Dr. McLoughlin would assert his right to the island, as soon as courts of law should be established with jurisdiction to adjudicate land titles.
The election, in 1844, of Mr. Polk as President, on the Oregon issue of "fifty-four, forty or fight," created excitement in Oregon. War was supposed to be imminent, if not at that time declared. Dr. McLoughlin had estates in Canada. To change his allegiance in time of war might be attended with most serious personal consequences. Neither could he, in such a condition of affairs, as a British subject hope to retain Oregon City. As soon as the war-bubble had been dispelled, he had resolved to sever his connection with the Hudson's Bay Company, and become a citizen of the United States. His former legal adviser had become Chief Justice of the Oregon Provisional government. Dr. McLoughlin appeared before him to declare his intention to become an American citizen, and to renounce all allegiance to the British Crown. But Judge Burnett was powerless to receive that declaration. He had neither authority of law to administer such an oath, nor was his court authorized by law to receive, file, or attest such declaration. Scrupulous and conscientious, he denied the application. The Provisional government might not be recognized; clearly its courts were not among those courts upon which Congress had conferred jurisdiction to naturalize aliens. The Oregon controversy had been settled between the two nations. Dr. McLoughlin had resigned the service of the Hudson's Bay Company, and was residing at Oregon City. Governor Joseph Lane, first governor of Oregon Territory, had arrived, and, on March 3, 1849, issued a proclamation formally announcing the extension of Federal jurisdiction over the territory. Hon. William P. Bryant, commissioned as Chief Justice of the Oregon Supreme Court, had entered upon the discharge of his judicial duties. a court competent to try the title to Abernethy Island had been furnished; but Chief Justice Bryant and Governor Lane had become purchasers of that island. On the 30th of May, 1849, John McLoughlin declared his intention to become a citizen of the United States, in what was called the United States District Court of the county of Clackamas, Oregon Territory. Those territorial courts have ceased to be regarded as United States courts; but their jurisdiction to naturalize was exercised and sanctioned by authority.
Samuel R. Thurston, in honor to whose memory the county of Thurston received its name, was elected Oregon's first delegate to the Congress of the United States. On the 27th of September, 1850, that Congress passed the Donation Law, its eleventh section being as follows:
"And be it further enacted, that
what is known as the 'Oregon City claim,' excepting the Abernethy Island,
which is hereby confirmed to be the legal assigns of the Willamette Milling
and Trading Company, shall be set apart and be at the disposal of the Legislative
Assembly, to the establishment and endowment of a university, to be located at such place in the territory as the Legislative Assembly may designate: Provided, however, that all the lots and parts of lots in said claim sold or granted by Dr. McLoughlin previous to the fourth day of March, eighteen hundred and forty-nine, shall be confirmed to the purchaser or donee, or their assigns, to be certified to the Commissioner of the General and Office by the Surveyor-General, and patents to issue on said certificates as in other cases."
It will be asked, "why were such wrongs perpetrated by Congress? The solution will be found in the address of Oregon's representative to his constituents, embodying the misrepresentations and character of the arguments used. Here is an extract from his personal appeal to members of Congress urging the passage of the Donation Law:
"I will next call your attention to the eleventh section of the bill, reserving the townsite of Oregon City, known as the 'Oregon City claim.' The capital of our territory is located here; and here is the county seat of Clackamas county. It is unquestionably the finest water-power in the known world; and as it is now, so it will remain, the greatest inland business point for the territory. This claim has been wrongfully wrested by Dr. McLoughlin from American citizens. The Methodist Mission first took the claim, with a view of establishing here their mills and mission. They were forced to leave it, under the fear of having the savages of Oregon let loose upon them; and successively a number of citizens of our country have been driven from it, while Dr. McLoughlin was yet at the head of the Hudson's Bay Company, west of the Rocky Mountains. Having at his command the Indians of the country, he has held it by violence and dint of threats up to this time. He has sold lots up to the 4th of March, 1849, worth $200,000. He also has upon it a flouring mill, granaries, two double saw-mills, a large number of houses, stores and other buildings, to which he may be entitled by virtue of his possessory rights, under the treaty of 1846. For only a part of these improvements which he may thus hold, he has been urged during the last year to take $250,000. He will already have made a half million out of that claim. He is still an Englishman, still connected in interest with the Hudson's Bay Company, and still refuses to file his intentions to become an American citizen, and assigns as a reason to the Supreme Judge of the territory that he cannot do it without prejudicing his standing in England.
"Last summer he informed the
writer of this, that whatever was made out of this claim was to go into
the common fund of the Hudson's Bay Company, of which he and the other
stockholders would share in proportion to their stock; in other words,
that he was holding this claim for the benefit of the company. Now, the
bill proposed to reserve this claim, subject to whatever rights he may
have had to it, or any part of it, by virtue of the treaty, and confirms
the title to all lots sold or donated by him previous to March 4, 1849.
This is designed to prevent litigation. That day is fixed on because, on
that day, in Oregon City, Governor Lane took possession of the territory,
declaring the laws of the United States in force, and apprising Dr. McLoughlin
and all others, that no one had a right to sell or meddle with the government
lands. Dr. McLoughlin ought to have been made to pay back $200,000; but,
not wishing to create any litigation, the committee concluded to quiet
the whole matter by confirming the lots. Having in this way made $200,000,
and his possessory rights, if it shall turn out that he lawfully acquired
any, being worth $300,000 more, the people of Oregon think your bounty
is sufficient to this man, who has worked diligently to break down the
settlements every since they commenced; and they ask to save their capital,
their county-seat, and the balance of that noble
water-power from the grasp of this British propagandist, and bestow it on the young American generation in Oregon in the shape of education, upon whom you and the country are to rely to defend and protect the western outposts of this glorious Union.
"When the Methodist Mission was driven from this claim, they went onto an island in the middle of the river, and constructed mills and made other improvements. This island is known as Abernethy Island, and is of no value, except for the improvements upon it. It consists of about two acres of barren rock. This island was subsequently sold to George Abernethy, and the bill ought to confirm the same to Abernethy or his assigns. This is a simple act of justice to American citizens, who now have their mills and property staked on those rocks, and on which, for a long time, stood the only mill in the valley where an American could get any grain ground for toll."
It is impossible to believe that the eleventh section of the Oregon Donation Law could ever have received the sanction of Congress, but for the representations that John McLoughlin had refused to become an American citizen; that he had refused to renounce allegiance to the British Crown. Congress is blameless for acting upon information before it, and reaching the decision that the Oregon City claim was without a lawful claimant, and donating it to the territory for educational purposes.
John McLoughlin, who had assisted the American immigrant, who had given up his high rank and salary in the Hudson's Bay Company rather than ignore the claims of humanity and refuse credit to the destitute settler, was in his old age thus unjustly despoiled of his property. The island went to the assigns of the milling company. The good and generous old friend of the Oregon pioneer, broken hearted and soured with the injustice of the world, sunk into his grave in the fall of 1857. Five years later, the State of Oregon refused to retain the unhallowed gift, and restored the Oregon City claim to the heirs of John McLoughlin.
As must have been observed, congressional proceedings, session after session, had foreshadowed congressional intent to make liberal grants of land to actual settlers in Oregon. It seemed to have been generally acquiesced in, that the favorable solution of the Oregon controversy depended upon peopling the territory overland from the western States. That protracted contest had attracted the attention of American people, more particularly citizens of the western States. The spirit of congressional legislation as to the territory had been clearly indicated by uniform provisions in those several measures which had been introduced each succeeding session. Favorable reports as to soil, climate and resources from residents of the territory, missionaries and others, all tended to invite popular attention and to promote active emigration schemes in several portions of the Union.
In the spring of 1843, as soon
as the condition of the country had warranted travel, large bodies of "Oregon
emigrants," mostly from Missouri, but quite a number from adjacent States,
commenced to journey westward towards Independence, Missouri. On the 20th
of May, a formal meeting was convened at Fitzhugh Mills, twelve miles west
of Independence. Among them were Peter H. Burnett, Jesse Applegate and
his brothers, with their respective families, James W. Nesmith, Daniel
Waldo, Jesse Looney, T.D. Kaiser, and others who have made their names
notable in Oregon. The party numbered about one thousand men, women and
children, about a third of whom were capable of bearing arms. the train
consisted of 120 wagons; the number of cattle amounted to 5,000 head. Peter
H. Burnett was elected captain, James W. Nesmith, Orderly Sergeant. A council
of nine to arbitrate and adjust differences was appointed. Captain John
Gant,
a Rocky Mountain man, and an ex United States army officer, was selected as Pilot to Fort Hall. Later Governor Burnett was succeeded by William Martin as captain. The train was subsequently divided into two columns, the one termed the "Light Column" being headed by Captain Martin, and the other, the "Cow Column," under command of Jesse Applegate. The two columns moved separately, but were near enough to support each other in the event of an Indian attack. The usual vicissitudes of prairie travel, camping marching and other features, characterized that journey.
Arrived at Fort Hall, there was considerable discussion as to going further with wagons, or abandoning them at that point. Captain Grant, the Hudson's Bay Company's agent in charge of Fort Hall, discouraged the attempt to take wagons down Snake river. Dr. Marcus Whitman, who had overtaken the train at the crossing of the Platte, as strenuously urged the ability of getting through with them. His counsel prevailed, and with the aid of Sticcas, a Cayuse chief, and other Cayuses who had come to escort Dr. Whitman to his station, he agreed to guide the train to the mission. When the train had reached Grand Ronde, Dr. Whitman was compelled to leave, being summoned to Lapwai Mission station to attend Mrs. Rev. Henry H. Spalding, who was severely ill. Sticcas, the Cayuse chief, succeeded Dr. Whitman as guide, and safely and successfully piloted the immigrants to Whitman's station at Waiilatpu.
Upon reaching Fort Walla Walla, the question arose as to the feasibility of proceeding overland to the Dalles. It was suggested to be wiser to leave the wagons and animals at Fort Walla Walla till the coming spring and then to build boats and descend the Columbia. Neither Dr. Whitman nor Archibald McKinlay, chief trader of Hudson's Bay Company in charge of Fort Walla Walla, were acquainted with the character of the road, or of the feed back of the river, nor of the crossing of the John Day and Des Chutes rivers. Both advised going down the Columbia to the Dalles in boats. The main portion of the train proceeded overland. Seventy of the party, among whom were the Applegates, acted upon the advice of Whitman and McKinlay. The advice given to leave their wagons and stock to winter at Walla Walla occasioned bitter animadversion. By many it was attributed to mercenary motives, to the desire to secure pay for herding, or to occasion, as an alternative, an exchange in the Willamette valley for the stock left, head for head, of California cattle. Growing out of these circumstances, this negotiation as to stock, its forwarding or wintering, several immigrants entered into a contract with Chief Trader McKinlay, subject to the approval of Dr. John McLoughlin, chief factor at Fort Vancouver. This transaction was much criticised, and is known as the "Cattle Contract." It occurred at old Fort Walla Walla, between certain immigrants of '43 and Archibald McKinlay, chief trader in charge. It exhibits the conduct of Dr. McLoughlin towards American settlers on their arrival in the country; his liberality; his active sympathy with them in their necessities; his exalted standard of right between man and man.
Peter H. Burnett had hurried
forward to Fort Walla Walla, to secure transportation down the Columbia.
Mr. McKinlay, chief trader in charge, had supplied a boat which Governor
Burnett was to leave at Fort Vancouver. The latter remained over night
at the fort, and had considerable conversation as to the practicability
of getting cattle over the Cascade Mountains and through to the Willamette
valley. McKinlay, who had never traveled by land over the route, declined
to give an opinion as to a road beyond the Dalles. Mr. McKinlay, who remarked
that he had shortly before sent a requisition to Fort Vancouver for ten
or fifteen gentle cows, wanted by the Indians, suggested that if any immigrants
wished to make an exchange of that number for an equal number, to be
delivered at Fort Vancouver, such arrangement would save driving to both parties. He also expressed a wish to purchase brood mares for his private use. Governor Burnett declined, having no animals to spare. A day or two later, Jesse Applegate reached the fort. He offered his whole band upon the terms McKinlay had proposed to Governor Burnett. To this McKinlay entered a flat refusal, and even remonstrated against Applegate sacrificing so much stock; that he only desired a few head to supply a small Indian trade. Mr. Applegate replied that, as he intended to go to the Shasta country in the spring, he cared only for such cattle as could be turned into beef. Mr. Applegate remarked that Mr. Littlejohn (Rev. A.B., temporarily at Waiilatpu during Dr. Whitman's absence), had offered twelve dollars and a half per head for the whole band, and, if McKinlay refused, he would sell to Littlejohn, who had stated that he wanted cattle to exchange with the Indians for furs. Mr. McKinlay, fearing that Littlejohn, if he secured the stock would embarrass the fur-trading business, then accepted Applegate's proposition, subject to Dr. McLoughlin's approval. Should Dr. McLoughlin reject the proposition, the band was to be wintered at Fort Walla Walla for one dollar per head. The horses and cattle purchased by McKinlay of Jesse Applegate, on private account, were returned, in accordance with Mr. Applegate's request.
Subsequently, Governor Burnett published a journal of an "Immigrant" in a Missouri newspaper, in which reference was made to that cattle transaction; and McKinlay was charged with driving a hard bargain. Language of Dr. McLoughlin, seeming reflecting upon McKinlay, quoted in the "Immigrant," led to an explanatory letter of Dr. McLoughlin, exculpating McKinlay. That transaction is best explained by the correspondence and contract itself. Under date of October 12, 1843, Governor Burnett wrote McKinlay:
"I wish you to consider it (the boat) engaged to us. I mentioned to Mr. Beagle your kind proposition to take our cattle here, and give us cattle at Vancouver, to which he would assent, but for the fact that his cattle are of a particular kind to which is very partial, and with which he would not willingly part. I would myself to exchange mine with you, but I may settle at the Dalles; and if I do so they would be more inconvenient to me than at this point.
"I saw Captain Applegate, to whom I mentioned the fact that you wished to purchase or exchange for some American mares, as I knew he had several. I also recommended him to see you about exchanging his cattle, as he has a large stock of good breed. I hope you will be able to procure from him as much stock as you desire."
The so-called cattle contract is as follows:
"JOHN McLOUGHLIN, ESQ.,
"Sir: Three days after sight, please pay Applegate & Co. two hundred and seventeen head of cattle of the sex and age to the individuals as given in the following list. (Here followed a tabulated schedule of seventy-six cows, one hundred and twenty-seven oxen and fourteen bulls, which were delivered by Hiram Straight, Miles Cary, Charles Lindsey, Jesse Applegate, Thos. G. Naylor, Elijah Millikin and John Baker.)
"In consideration of the superior condition and quality of the stock left with me by said company, I have stipulated that the above order shall be filled out of the stock of the fort, and to include as many broken-in cattle as you can conveniently furnish. As, in case the above order is not accepted by you, that their former stock shall be returned to them on demand next spring, they paying a charge of herding of one dollar per head. I am sir, your obedient servant, "ARCHIBALD McKINLAY.
"Fort Walla Walla, October 27,
1843.
(Endorsed.) "The conditions of exchange contained in this covenant not being accepted, Mr. McKinlay will please to return the cattle received from Mr. Applegate and party, on his demand, at Walla Walla. "JOHN McLOUGHLIN, C.F.
Fort Vancouver, November 11, 1843:
Jesse Applegate wrote to McKinlay, December 19, 1843:
"Dr. McLoughlin, waiving all advantages that might have been derived from the exchange of cattle made with the company at Walla Walla, and actuated as I sincerely believe by the most generous and disinterested motives towards the emigrants, has canceled all contracts made with you at Walla Walla, so far as the Hudson's Bay Company was a party.
"For this reason, it becoming necessary for us to return to Walla Walla for our cattle that were exchanged, we would be very glad, if it met your wishes, to get the horses and cattle back that we sold to you as a private individual. Tho' contrary to my rules of doing business, I in this case most earnestly solicit a 'rue bargain;' for as I told you, at the time I sold them to you, that I would by no means have parted with my horses if I could have taken them down the Willamette safely, nor have sold the choice cows of the drove at any price unless the whole drove were disposed of.
"I do not pretend to deny that your conduct in the whole transaction, was entirely fair, just and honorable, nor can I in the least impugn your motives if you determine to keep the animals; but as the animals are really of far less value to you than they are to me, and as I believe you far too generous to take advantage of the peculiar circumstances under which we acted when we sold them, I hope you will comply with my wishes in this matter."
On the 29th of December, 1843, Dr. McLoughlin wrote Mr. Archibald McKinlay:
"I have returned all the cattle
the immigrants left with you, and for what you gave them orders on me,
as I do not wish to take advantage of the situation those persons are placed
in. I hope, therefore, that you have disposed of none of those animals,
and that it will be convenient for you to return all you purchased on your
own account, for which you gave orders on the store; and, though they have
been paid, they will be taken off your account. And I must again repeat
my approbation of the manner in which you managed that business by putting
in a clause which left it optional to me to return the cattle. But pray
who told them 'they could not bring their cattle down; that when they came
their cattle would die.' The immigrants tell me it was Dr. Whitman and
Mr. Littlejohn. But I do not see how those gentlemen could tell the immigrants
so; and besides, these men, without their teams to work and their cows
to supply themselves and their families with milk, can do nothing; in fact
without their cattle they are ruined.
Dr. John McLoughlin had before the date of the foregoing letter thus written to McKinlay:
"I did use the words the 'Immigrant' states on the 127th page of his journal: 'Are you aware the Spanish are inferior to your cattle. Mr. McKinlay did wrong; and I will not consent to profit by your reliance on our good faith.'
"As I was naturally enough surprised
to hear that people had given American cattle for wild California cattle,
it struck me they must not have been aware how inferior the latter were
to the former. At the time, I believed you yourself were not aware of it,
and that you meant, by wild Spanish or California cattle, cows of that
breed unaccustomed to be milked, and males not accustomed to work, but
both of which could be driven from one
place to another. What I meant by saying you had done wrong, I meant you had erred, and never thought or had the least idea that you had intended to take advantage of their situation, which you had no interest in doing, and could not mean to do, as you made the bargain subject to my approbation. Neither you nor they seem to have been aware of it at the time the bargain was made; and it would have been a breach of the confidence put in us to have kept them to it. It is this I meant: 'I will not consent to profit by your reliance on our good faith.' And I can also observe there can be no foundation for the "Immigrant' stating you drove a hard bargain with them, as I always understood the bargain was at their request."
The Dalles of the Columbia was then the terminus of the overland road from the western States. No road had been opened west of the Dalles across the Cascade Mountains into the Willamette valley. When the immigration had reached the Dalles, difficulties again appeared; from that point, and at that season, the journey forward was the most arduous of the whole trip. Rafts must be constructed to descend the Columbia, to reach the Willamette. Space is denied to recount the dangers and hardships of that fall and winter, to which the pioneers of 1843 were subjected, - how they suffered, what sacrifices they made in coming to Oregon to assure its being retained as American territory. Those two illustrious pioneers, Burnett and Applegate, have made immortal that transcontinental march of 1843, - the first in his readable and graphic "Recollections of a Pioneer;" Jesse Applegate, in his own characteristic way, has pictured "A day with the Cow Column;" and, in his many letters to Deady, Victor, Evans and the press, had pen-photographed that memorable train and its eloquent reminiscences.
The United States government had, in the spring, dispatched a second expedition under the command of Lieutenant John C. Frémont, United States Topographic engineers, "to connect his reconnaissance of 1842 to the South Pass, with the surveys of the United States exploring expedition of Captain Charles Wilkes, United States Navy, near the coast of the Pacific Ocean, so as to give a connected survey across the continent." His party left the town of Kansas about the 1st of June, crossed the South Pass August 13th, reached Fort Walla Walla october 25th, and, upon the 7th of November, arrived at Fort Vancouver. The Frémont expedition brought carts all the way to Waiilatpu, from which point it accomplished the distance to Fort Vancouver with pack animals. Guided by Rocky Mountain men, or following the immigrant wagon tracks, that expedition contributed nothing new to geographic science, added nothing that had not already been known and published as to the great American interior; nor did it traverse any country which had not been previously traversed for years by trappers, missionary men and women, immigrants and mountaineers. True, that ride across the continent, called a government exploration, was made with great ostentation and parade. The journal of its doings was branded official; yet, how just the comments of that sturdy pioneer of 1843, who was then humble orderly sergeant of a wagon train of Oregon immigrants, that peerless humorist, satirist and orator, later Oregon's distinguished Senator in Congress, James W. Nesmith. In one of his inimitable speeches, he thus characterized the hero of that expedition, its mode of march, its practical utility and national benefit:
"In the eastern States I have often been asked how long it was after Frémont discovered Oregon that I emigrated there. It is true that, in the year 1843, Frémont, then a lieutenant in the engineer corps, did cross the plains, and brought his party to the Dalles, and visited Vancouver to procure supplies. I saw him on the plains, though he
reached the Dalles in the rear of our emigration. His
outfit contained all the conveniences and luxuries that a government appropriation
could procure, while he 'roughed it' in a covered carriage, surrounded
by servants paid from the public purse. He returned to the States, and
was afterwards rewarded with a presidential nomination as the 'Pathfinder.'
The path he found was made by the hardy frontiersman, who preceded him
to the Pacific, and who stood by their rifles here, and held the country
against hostile Indians and British threats, without government aid or
recognition until 1849, when the first government troops came to our relief.
Yet Frémont, with many people, has the credit of 'finding' everything
west of the Rocky Mountains; and I suppose his pretensions will be recognized
by the future historian, while the deserving men who made the path, unaided
by the government, will be forgotten."