A History of Oregon, 1792-1849

Father P. J. De Smet, from Brouillet’s statements, was among the Flatheads and at Wallawalla in 1840. This priest boasted of his belonging to the Jesuit order of the Romish Church. He usually wore a black frock-coat, was of full habit, arrogant and bigoted in his opinions, and spoke with considerable sarcasm and contempt of all Americans, and especially of the missionaries, as an ignorant set of men to represent the American churches. He would be considered, in his church, a zealous and faithful priest of the order of Jesus. His religious instructions to the Indians were simple and easy to be understood: “Count your beads, hate or kill the Suapies (Americans), and kiss the cross.”

Rev. Harvey Clark was a man whose religion was practical, whose labors were without ceasing, of slender frame, black hair, deep, mellow voice, kind and obliging to all. He organized the first Congregational Church in Tualatin Plains, and one in Oregon City, and was the getter-up of the Pacific University at Forest Grove; a warm friend to general education and all objects calculated to do good to any and all of his fellow-creatures. But few who knew him did not respect and esteem him for his sincere piety and Christian conduct. He came to the country as a missionary sent out by some of the northwestern churches in the United States, without any definite organization further than sufficient to furnish the means for outfit for himself and associates, – Smith and Littlejohn and their wives, – trusting Providence and their own strong arms and willing hearts to labor and do all they could for a subsistence. Mr. Clark was perhaps the best man that could have been sent with the early settlers. He early gained their confidence and esteem, and was always a welcome visitor among them. He had not that stern commanding manner which is usual to egotists of the clerical order, but was of the mild, persuasive kind, that wins the rough heart and calms the stormy passions. The country is blessed by his having lived in it.

A. T. Smith, the associate of Rev. H. Clark was an honest and substantial farmer, a sincere and devout Christian, a man not forward in forming society, yet firm and stable in his convictions of right; liberal and generous to all objects of real worth; not easily excited, or ambitious of political preferment. His wife seemed, in all her life and actions, to be a suitable helpmeet for him. They came early to this country, and have ever been substantial and useful citizens, and supporters of morality and religion. They were among the earliest settlers at Forest Grove, and the first members of Rev. H. Clark’s church.

P. B. Littlejohn was the opposite of Smith, a confirmed hypochondriac; yet, under excitement that was agreeable to his ideas, a useful man. Owing to his peculiar temperament, or the disease with which he was afflicted, his usefulness, and that of an interesting and Christian wife, were cramped and destroyed. He returned to the States with his family in 1845.

At this point, perhaps a statement of all the names of persons I have been able to collect and recollect, and the year they arrived in the country, will not be uninteresting to the reader. A short history of most of them has already been given.

In the year 1834, Rev. Jason Lee, Rev. Daniel Lee, Cyrus Shepard, and P. L. Edwards, connected with the Methodist Mission; Captain N. Wyeth, American fur trader, and of his party in 1832, S. H. Smith, Burdet, Greeley, Sergeant, Bull, St. Clair, and Whittier (who was helped to or given a passage to the Sandwich Islands by the Hudson’s Bay Company); Brock, a gunsmith; Tibbets, a stone-cutter; Moore, killed by the Blackfeet Indians; Turnbull, who killed himself by overeating at Vancouver. There was also in the country a man by the name of Felix Hathaway, saved from the wreck of the William and Ann. Of this number, Smith, Sergeant, Tibbets, and Hathaway remained. Of the party in 1834, James A. O’Neil, T. J. Hubbard, and Courtney M. Walker remained in the country, making six of Wyeth’s men and one sailor. C. M. Walker came with Lee’s company. With Ewing Young, from California, came, in this year, John McCarty, Carmichael, John Hauxhurst, Joseph Gale, John Howard, Kilborn, Brandywine, and George Winslow, a colored man. By the brig Maryland, Captain J. H. Couch, G. W. Le Breton, John McCaddan, and William Johnson. An English sailor, by the name of Richard or Dick McCary, found his way into the settlement from the Rocky Mountains.

In the year 1835 it does not appear that any settlers arrived in the country. Rev. Samuel Parker visited and explored it under the direction of the American Board of Foreign Missions.

In 1836, Rev. H. Spalding, Dr. M. Whitman, W. H. Gray, Mrs. Eliza Spalding, and Mrs. Narcissa Whitman, missionaries of the American Board, and Rev. Mr. Beaver, Episcopal chaplain at Vancouver, and Mrs. Beaver. There appear to have been no settlers this year; at least, none known to us.

In 1837, Mrs. A. M. Lee, Mrs. S. Shepard, Dr. E. White, Mrs. M. White, A. Beers, Mrs. R. Beers, Miss E. Johnson, W. H. Wilson, Mr. J. Whitcomb, members of the Methodist Episcopal Mission. Second re-enforcement this year: Rev. H. K. W. Perkins, Rev. David Leslie, Mrs. Leslie, Misses Satira, Mary, and Sarah Leslie, Miss Margaret Smith, Dr. J. Bailey, an Englishman, George Gay, and John Turner.

In 1838, Rev. Elkanah Walker, Mrs. Mary Walker, Rev. Cushing Eells, Mrs. Elvira Eells, Rev. A. B. Smith, Mrs. E. Smith, and Mrs. Mary A. Gray, missionaries of the American Board. As laborers under special contract not to trade in furs or interfere with Hudson’s Bay Company’s trade, James Conner, native wife, and one child, and Richard Williams, both from Rocky Mountains. Jesuit priests: Rev. F. N. Blanchet, Rev. Demerse, located at Vancouver and French Prairie.

In 1839, Rev. J. S. Griffin, Mrs. Griffin, Asael Munger, Mrs. Mary Munger, Independent Protestant Mission; Robert Shortess, J. Farnam, Sydney Smith, Mr. Lawson, Rev. Ben. Wright (Independent Methodist), Wm. Geiger, Mr. Keizer, John Edmund Pickernel, a sailor.

In 1840, Mrs. Lee, second wife of Rev. Jason Lee; Rev. J. H. Frost and wife; Rev. A. F. Waller, wife, and two children; Rev. W. W. Kone and wife; Rev. G. Hines, wife, and sister; Rev. L. H. Judson, wife, and two children; Rev. J. L. Parish, wife, and three children; Rev. G. P. Richards, wife, and three children; Rev. A. P. Olley and wife. Laymen: Mr. George Abernethy, wife, and two children; Mr. H. Campbell, wife, and one child; Mr. W. W. Raymond and wife; Mr. H. B. Brewer and wife; Dr. J. L. Babcock, wife, and one child; Rev. Mrs. Daniel Lee; Mrs. David Carter; Mrs. Joseph Holman; Miss E. Phillips. Methodist Episcopal Protestant Mission: Rev. Harvey Clark and wife; P. B. Littlejohn and wife. Independent Protestant Mission: Robert Moore, James Cooke, and James Fletcher, settlers. Jesuit Priest: P. G. De Smet, Flathead Mission.

Rocky Mountain men with native wives: William Craig, Robert or Dr. Newell, J. L. Meek, James Ebbets, William M. Dougherty, John Larison, George Wilkinson, a Mr. Nicholson, and Mr. Algear, and William Johnson, author of the novel, “Leni Leoti; or, the Prairie Flower.” The subject was first written and read before the Lyceum, at Oregon City, in 1843.

In the above list I have given the names of all the American settlers, as near as I can remember them, the list of names I once collected having been lost. I never was fully informed as to the different occupations of all these men. It will be seen that we had in the country in the fall of 1840 thirty-six American settlers, twenty-five of them with native wives; thirty-three American women, thirty-two children, thirteen lay members of the Protestant missions, nineteen ministers (thirteen Methodist, six Congregational), four physicians (three American and one English), three Jesuit priests, and sixty Canadian-French, – making, outside of the Hudson’s Bay Company, one hundred and thirty-seven Americans and sixty-three Canadians, counting the three priests as Canadians.

CHAPTER XXVI

1840. – Petition to Congress of United States. – British subjects amenable to the laws of Canada. – Esquire Douglas as justice of the peace. – Mr. Leslie as judge.

Eighteen hundred and forty finds Oregon with her little population all active and busy, laboring and toiling to provide the necessaries of life – food and raiment. And if a man did not wear the finest of broadcloth, his intelligence and good conduct secured him a cordial welcome to every house or shanty in the country among the American or French settlers and missions. This was an innovation upon Hudson’s Bay Company customs, and a violation of aristocratic rules sought to be enforced by foreign influences and sustained by the missionaries then in the country.

Mr. Hines, in his 21st chapter on Oregon, says: “The number of people in the colony was so small, the business transactions so limited, and the difficulties so few, that the necessity of organizing the community into a body politic did not appear to be very great, though for two years persons had been chosen to officiate as judges and magistrates.”

The fact that the judges and magistrates officiating were chosen by the Methodist Mission, in opposition to the wish of the settlers, and from whose decisions there was no appeal, and that there was no statute or law book in the country, and nothing to guide the decisions of the judge or magistrate but his own opinions, caprice, or preferences, Mr. Hines leaves out of sight. This state of things was submitted to from the combined organized influence of the Methodist Mission and the unorganized condition of the settlers. A petition was gotten up and sent to Congress. This petition is too important a document to be omitted. The writer has no means at present to give the names attached to it. The petition speaks for itself. As settlers, we saw and knew the objects of the Hudson’s Bay Company and the English government, by their actions and oft-repeated insolent assertions that they meant to “hold the country” by fair or by foul means, which, as men understanding the unscrupulous and avaricious disposition of the entire English occupants of this country, we fully understood and duly appreciated, as will be readily demonstrated upon a perusal of the following: —

Petition of 1840

To the Honorable the Senate and House of Representatives of the United States of America in Congress assembled:

Your petitioners represent unto your honorable bodies, that they are residents in the Oregon Territory, and citizens of the United States, or persons desirous of becoming such.

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

But your petitioners further represent, that they are uninformed of any acts of said government by which its institutions and protection are extended to them; in consequence whereof, themselves and families are exposed to be destroyed by the savages around them, and OTHERS THAT WOULD DO THEM HARM.

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

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

Your petitioners therefore pray the Congress of the United States of America to establish, as soon as may be, a Territorial government in the Oregon Territory.

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

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

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

And your petitioners represent, that the said Territory, north of the Columbia, is an invaluable possession to the American Union; that in and about Puget Sound are the only harbors of easy access, and commodious and safe, upon the whole coast of the Territory; and that a great part of this said northern portion of the Oregon Territory is rich in timber, water-power, and valuable minerals. For these and other reasons, your petitioners pray that Congress will establish its sovereignty over said Territory.

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

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

David Leslie, [and others.]1

We have before alluded to the fact that the English government, by act of Parliament, had extended the colonial jurisdiction and civil laws of Canada over all her subjects on this coast, and had commissioned James Douglas, Angus McDonald, and, I think, Mr. Wark, as justices of the peace, having jurisdiction in civil cases not exceeding two hundred pounds sterling. In criminal cases, if the magistrate found, on examination, sufficient cause, the accused was to be sent to Canada for final trial. In all minor matters the Hudson’s Bay Company were absolute. Their men, by the articles of enlistment, were bound to obey all orders of a superior officer, as much so as a soldier in the army. Flogging was a common punishment inflicted by all grades of officers, from a petty clerk of a trading-post up to the governor of the company. All British subjects, or any that had been subjects to the British crown, were considered as amenable to the laws of Canada, which were delivered from the brain of the magistrate or judge, who perchance may have passed through some parts of Canada on his way to this coast, no one knew when. Of course he knew all about the laws he was to enforce upon her Majesty’s subjects, the same as our American judge, I. L. Babcock, did of the laws he was called upon to administer among the American settlers. Although the following incident is not exactly in the order of time in which we are writing, yet it illustrates the legal knowledge of Esquire Douglas so well that the reader will excuse me for giving it just here. The case occurred in the summer of 1846, I think in August. The Hudson’s Bay Company and the British subjects in the country had changed from the open opposition policy to that of union with the provisional government, and some of the members of the company had been elected to office. Mr. Douglas had received a commission as justice of the peace and county judge from Governor Abernethy. A man by the name of McLame had taken it into his head to jump a claim belonging to one of the company’s servants, near Fort Vancouver. The fact was duly stated to Esquire Douglas, who issued his warrant commanding the sheriff, a servant of the company, to arrest McLame. The sheriff proceeded with his warrant and posse, took McLame, brought him to the fort, and put him in irons to keep him secure until he could be tried. The day following, the writer arrived at the fort, and as he was an old acquaintance of Esquire Douglas, and also holding a commission of justice of the peace and judge of the county court, Esquire Douglas stated the case to him, and asked his advice how to conduct it. I inquired what it was McLame had done.

“Why, he went upon the land of one of our people and set up a claim to it, and made some threats.”

“Did he use any weapons, or injure any one?”

“No; but he was very insulting, as the men tell me; used abusive language and frightened the men, and attempted to get them off the claim, is the most he did.”

“Well, Esquire, I think if you do not manage this case carefully you will have a devil of a muss among these fellows.”

“What do you think I had better do?” says the Esquire.

“If it was my case, as it is yours, I would call the court as soon as possible, and call the parties. McLame claims to know something of law, and he will plead his own case, or get some one that don’t know any more about law than he does, and they will call for a nonsuit on account of some illegality in the warrant or pleadings, and the first show you have, give them a nonsuit, and decide against your own people. This will satisfy McLame and his party, and the matter will end there. The suit is a civil one, and should have been by notice and summons, for ‘forcible entry and detainer,’ instead of an arrest and confinement as a criminal. They may attempt to make false imprisonment out of it. If they do, I would settle it the best way I could.”

I never learned the exact manner in which this case was settled. I think McLame received some compensation and the matter was settled. But the Esquire never fully recovered from the effect of this legal attempt at provisional American wisdom, as he came as near involving the two governments in a national war in the San Juan boundary question, in 1849, as he did the country, in attempting to protect the unreasonable claims of the company’s servants in 1846. As to law books or legal knowledge, the country in those early times could not boast of having an extensive law library or profound lawyers, and, as was to be expected, some new and strange lawsuits occurred.

Of the following case we have no personal knowledge, and can only give it as related to us by parties present. T. J. Hubbard, of Champoeg, had a native wife. She was claimed and coveted by a neighbor of his, who threatened to take her from him. Hubbard was armed, and prepared to defend his own supposed or real right of possession from his covetous neighbor, who attempted to enter his cabin window, or space where a window might be put (in case the owner had one to go there). Hubbard shot him while attempting to enter, and submitted to a trial. Rev. Mr. Leslie presided as judge. A jury was called, and the statements of all parties that pretended to know any thing about the case made. The verdict was, “Justifiable homicide.” The petition which was gotten up about this time, says that “theft, murder, and infanticide, are increasing among them to an alarming extent.” A fact was unquestionably stated in the petition, that justice and virtue were comparative strangers in the country. Despotism and oppression, with false notions of individual rights and personal liberty, were strongly at variance. The leading men, or such as one would naturally suppose to be guides of the erring, seemed to have fixed a personal standard for virtue, justice, and right, not difficult for the most abandoned to comply with.

CHAPTER XXVII

Death of Ewing Young. – First public attempt to organize a provisional government. – Origin of the provisional government. – First Oregon schooner.

In the early part of this year, about the 15th of February, 1841, Mr. Ewing Young, having been sick but a short time, died. He left a large band of cattle and horses and no will, and seems to have had no heirs in the country. On the 17th we find most of the settlers present at the funeral. After burying Mr. Young, a meeting was called, over which Rev. Jason Lee presided. After some discussion it was thought best to adjourn to meet at the Methodist Mission.

On the next day, the 18th, short as the notice was, nearly all the settlers were present, – Canadians, French, English, Americans, and Protestant missionaries and Jesuit priests.

Rev. Jason Lee, for some cause not stated, was excused from acting as chairman, and Rev. David Leslie elected to fill his place. Rev. Gustavus Hines and Sydney Smith were chosen as secretaries. “The doings of the previous day were presented to the assembly and adopted in part.” Why does not Mr. Hines give us all the proceedings of the previous day? Was there any thing in them that reflected upon the disposition of the reverend gentleman to control the property of the deceased Mr. Young, and apply it to the use of the mission, or distribute it among its members?

We are well aware of the fact that, on the death of a person in any way connected with, or in the service of, the Hudson’s Bay Company, they at once administer upon his estate, to the setting aside of the will of the deceased, as in the case of Mr. P. C. Pambrun, which occurred the summer before Mr. Young’s decease; and, more recently, of Mr. Ray, who died at San Francisco. Mr. Ray was an active, energetic young man, had won the heart and hand of Miss McLaughlin, youngest daughter of Governor McLaughlin, and by this marriage had three interesting children, a son and two daughters. By his trading and speculations with his private funds, he had acquired a handsome fortune for his young family. At his death the Hudson’s Bay Company sent an agent to take charge of the property. He claimed that as Mr. Ray was a servant of the company, and in their employ, he had no right to acquire property outside of their business; hence, the property belonged to the company. The books were canceled, and left his estate in debt to the company, and his family destitute. His widow was obliged to take in washing, which was given her by some American officers then at that place. By this means she supported herself and young family till she could obtain help from her father, who had withdrawn from the company, and was then residing in Oregon City.

This is as good an illustration of the Hudson’s Bay Company’s generosity as can be given. They pursued Dr. McLaughlin and his children to the death. Their influence and statements have led the American people to mistake the doctor’s unbounded generosity to them as wholly due to the company, and changed the friendly feeling and rewards due to Dr. McLaughlin for needed supplies in the hour of greatest peril to their own account, at the same time holding the doctor’s estate responsible for every dollar, as they did Mr. Ray’s.