A History of Oregon, 1792-1849

“The Doctor next sought an interview with President Tyler, who at once appreciated his solicitude and his timely representations of Oregon, and especially his disinterested though hazardous undertaking to cross the Rocky Mountains in the winter to take back a caravan of wagons. He said that, although the Doctor’s representations of the character of the country, and the possibility of reaching it by a wagon route, were in direct contradiction to those of Governor Simpson, his frozen limbs were sufficient proof of his sincerity, and his missionary character was sufficient guaranty for his honesty, and he would therefore, as President, rest upon these and act accordingly; would detail Fremont with a military force to escort the Doctor’s caravan through the mountains; and no more action should be had toward trading off Oregon till he could hear the result of the expedition. If the Doctor could establish a wagon route through the mountains to the Columbia River, pronounced impossible by Governors Simpson and Ashburton, he would use his influence to hold on to Oregon. The great desire of the Doctor’s American soul, and Christian withal, that is, the pledge of the President that the swapping of Oregon with England for a cod-fishery should stop for the present, was attained, although at the risk of life, and through great sufferings, and unsolicited, and without the promise or expectation of a dollar’s reward from any source. And now, God giving him life and strength, he would do the rest; that is, connect the Missouri and Columbia rivers with a wagon-track so deep and plain that neither national envy nor sectional fanaticism would ever blot it out10. And when the 5th of September, 1843, saw the rear of the Doctor’s caravan of nearly two hundred wagons, with which he started from Missouri last of April, emerge from the western shades of the Blue Mountains upon the plains of the Columbia, the greatest work ever accomplished by one man for Oregon was finished. And through that great emigration during that whole summer, the Doctor was their everywhere-present angel of mercy, ministering to the sick, helping the weary, encouraging the wavering, cheering the mothers, mending wagons, setting broken bones, hunting stray oxen, climbing precipices; now in the rear, now at the front; in the rivers, looking out fords through the quicksands; in the deserts, looking out for water; in the dark mountains, looking out passes; at noontide or midnight, as though those thousands were his own children, and those wagons and flocks were his own property. Although he asked not, nor expected, a dollar as a reward from any source, he felt himself abundantly rewarded when he saw the desire of his heart accomplished, the great wagon route over the mountains established, and Oregon in a fair way to be occupied with American settlements and American commerce. And especially he felt himself doubly paid, when, at the end of his successful expedition, and standing alive at his home again on the banks of the Wallawalla, these hundreds of his fellow summer pilgrims, way-worn and sunbrowned, took him by the hand and thanked him with tears for what he had done.

“During the Doctor’s absence, his flour mill, with a quantity of grain, had been burned, and, consequently, he found but a small supply at his station on his return, raised by Mr. Geiger, a young man. But what he had in the way of grain, garden vegetables, and cattle, he gladly furnished the needy immigrants at the very low figure of the Wallamet prices, which was six hundred per cent. lower than what they had been compelled to pay at Forts Hall and Boise, and one half lower than they are to-day in the same country. And this was his practice every year till himself and wife and fourteen immigrants were murdered in the fall of 1847, because, as Vicar-General Brouillet says, ‘they were American citizens’, and not, as I am bold to say and can prove, because he was a physician. Shame on the American that will intimate such a thing! This vicar-general of the Papal hosts on this coast does not thank you for such an excuse. He tells you plainly it was to break up the American settlements on this coast.

“Often the good Doctor would let every bushel of his grain go to the passing immigrants in the fall, and then would have to depend upon me for breadstuffs for the winter and the whole year till next harvest, for his own large family and the scores of immigrants who every year were obliged to stop at his station on account of sickness or give-out teams. Although the Doctor had done so much for his country, it seems his blood was necessary to arouse the government to take formal possession of this coast, as it was his death by savages that sent the devoted J. L. Meek over the mountains to Washington, in the spring of 1848, to beg the government, in behalf of the citizens of this coast, to send us help, and to extend its jurisdiction over us.”

CHAPTER XXXVIII

Petition of the citizens of Oregon in 1843. – Complaints against the Hudson’s Bay Company. – The Milling Company. – Kicking the half-bushel. – Land claims of Dr. McLaughlin. – Names of the signers. – Reasons for not signing. – Notice, deed, and bond of John McLaughlin. – Claim of Alvin F. Waller.

Petition of Citizens of Oregon in 1843

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

We, the undersigned, settlers south of the Columbia River, beg leave respectfully to represent to your honorable body:

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

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

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 the settlers, at 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 the settlers could sell.

In the year 1842, feeling the necessity of having mills erected that could 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 of the farmers were obliged to leave their farms on the Wallamet, and go six miles above Vancouver, on the Columbia River, making the whole distance about sixty miles, to get their wheat ground, 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 Wallamet, and concluded to commence their operations. After commencing, they were informed by Dr. McLaughlin, 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) claimed all the land on the east side of the Wallamet, 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 the stuff was on the island to build a house, and then gave them permission to build under certain restrictions. They took the paper he wrote them, containing his conditions, but did not obligate themselves to comply with the conditions, as they did not think his claim just or reasonable.

Many projects had been started by the inhabitants, but, for want of means and encouragement, failed. This fate was predicted for the Milling Company. But, after much labor and difficulty, they succeeded in getting a 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. McLaughlin employs hands to get out a frame for a saw-mill, and erect it at Wallamet Falls; and we find, as soon as the frame is up, the gearing, which has been made at Vancouver, is brought up in boats; and that which cost a feeble company of 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 $15 per thousand, he can sell for $12; if they reduce the price to $10, he can come to $8, or $5, or $2 per thousand. He says he will have a grist-mill started as soon as he gets the saw-mill in operation.

All the wheat in Oregon they are anxious to get, as they ship it to the Russians on the northwest coast. In the first place they measured the wheat in a half-bushel, called by them imperial measure, much larger than the standard measure of the United States; this not answering, they next proceeded to kick the half-bushel with the foot to settle the wheat; then they brought up a measure larger than the former one; and now they fill this measure, then strike it three times with a stout club, and then fill up, and call it fair measure. Against such proceedings we need law that 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, the timber for which is now lying at the falls rotting. They, however, abandoned the thing altogether, and built their mills on the Columbia, about six miles above Vancouver, on the north side of the river.

In the year 1837, 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 at the falls, 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. McLaughlin had a storehouse erected for the company, not occupied, however, further than to store wheat and other articles in, 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 the years 1841 and 1842, several families settled at the falls, when Dr. McLaughlin, who still resides at Fort Vancouver, comes on the ground, and says the land is his, and any person building without his permission is held as a 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 to 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’s sake, asked him for the lots they had already in possession, and which he appeared very willing to grant, the doctor now felt himself secure, and posted up the annexed paper (marked A), which is the original; and 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, but that Congress will pass a special act granting to each man his lot and improvements. Those that applied received (if they had a house on the lot) a deed, a copy of which is annexed (marked B); if they had no house, a bond was given for five dollars, a copy of which is annexed (marked C). To those that 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. McLaughlin’s bond in his pocket for the lots; and if he did not move the fence he would, and take forcible possession. Those who desired to have no difficulty, and did not apply for a deed, have lost their lots, the doctor’s promise, and all. And Mr. Hastings (the doctor’s agent) is now offering for sale the lots on which part of the mission buildings stand; and if he succeeds in finding a purchaser, they must either contend or lose their buildings.

Dr. McLaughlin has held claims in other places south of the Columbia River: at the Tualatin Plains and Clackamas Plains he had huts erected, to prevent others from building; and such is the power of Dr. McLaughlin, that many persons are actually afraid to make their situation 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 Mr. 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 every thing that will draw trade to this country, or enable persons to get goods at any other place than their store.

One other item, and we are done. When the United States government officers of distinction arrive, Vancouver is thrown open, and every facility afforded them. They were even more condescending to the settlers during the time the exploring squadron was in the Columbia; nothing was left undone to give the officers a high opinion of the Honorable Hudson’s Bay Company. Our Indian agent is entirely dependent on them for supplies and funds to carry on his operations.

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

And your memorialists will ever pray.

Robert Shortess, A. E. Wilson⚹, W. C. Remick⚹, Jeffrey Brown, E. N. Coombs, Reuben Lewis, George Davis, V. Bennett, J. Rekener, T. J. Hubbard, James A. O’Neil, Jer. Horregon, William McCarty, Charles Compo, John Howard⚹, R. Williams, G. Brown, John Turner⚹, Theodore Pancott, A. F. Waller, J. R. Robb, J. L. Morrison, M. Crawford, John Anderson, James M. Bates, L. H. Judson, Joel Turnham⚹, Richard H. Ekin, H. Campbell⚹, James Force, W. H. Wilson⚹, Felix Hathaway⚹, J. Lawson, Thomas J. Shadden⚹, Joseph Gibbs, S. Lewis, Jr., Charles Roy, William Brown, S. Davis, Joseph Yatten, John Hopstatter⚹, G. W. Bellomy⚹, William Brown, A. Beers, J. L. Parish, William H. Gray, A. D. Smith⚹, J. C. Bridgers⚹, Aaron Cook, A. Copeland, S. W. Moss, Gustavus Hines, George W. Le Breton⚹, Daniel Girtman, C. T. Arrendrill, A. Touner, David Carter⚹, J. J. Campbell⚹, W. Johnson⚹, John Edmunds, W. Hauxhurst, W. A. Pfieffer, J. Holman, H. B. Brewer, William C. Sutton. Sixty-five in all.

It is understood that the persons whose names are marked with an asterisk (⚹) are now dead; the balance are supposed to be still living.

The foregoing are all the names which appear to the petition printed as Senate document 105, and presented to the Senate at the first session of the twenty-eighth Congress.

W. J. McDonald,

Principal Clerk of Sec’y Senate.

Washington, D. C., Jan. 5, 1866.

Mr. George Abernethy declined to sign this petition through fear of injuring the Methodist Mission in its secular or business relations with the Hudson’s Bay Company.

Hugh Burns would not sign it because he did not wish Congress to be asked to confirm his title to lots and improvements.

Jason Lee, though he thought it right to petition Congress for protection, yet on account of his position as superintendent of the Methodist Mission, and the influence of the company against them should he sign it, thought it best not to give his name.

Dr. I. L. Babcock refused, because, by signing, he would lose his influence with the company.

Walter Pomeroy, ditto.

Dr. Bailey did not wish any protection from the Congress of the United States.

Rev. H. K. W. Perkins was ashamed of the petition. “What does Congress care about measuring wheat? or a contest between two milling companies?”

George Gay did not care any thing about it. Congress might do as it pleased; he did not want its protection.

The people in Tualatin Plains did not have an opportunity to sign or refuse for want of time to circulate it in that section. The bearer of it, William C. Sutton, was on his way to the States across the Rocky Mountains. Through the influence of Dr. White, who had clandestinely procured a copy of the petition and the names attached, and had made an effort to prevent its reaching Mr. Sutton, it had been delayed, but through the perseverance and promptness of Robert Shortess and A. E. Wilson, it was sent by Davis and Johnson and some Indians in an express canoe, and reached Mr. Sutton before he left the Cascades. For this service to his country and the persevering efforts of Mr. Shortess to maintain the rights of American citizens in it, he was early placed under the ban of the Hudson’s Bay Company, and, it may be added, the Methodist Mission; and reports prejudicial to him have been freely and persistently kept before the public mind, as also against any others that have taken an active part against the infamous and despotic course of that company. This is to weaken their testimony, and to render them powerless to prevent the present proposed robbing of our national treasury. Instead of paying one dime to that company for doing all they dared to do to prevent the settlement of Oregon by Americans, a pension should be paid to Robert Shortess and many others who dared to maintain the rights of the American people to this western coast. Whitman periled every thing and lost his life to save the country. Shortess has periled all, and worn himself out in struggling under an influence that took the life of Dr. Whitman and many others, for which this Hudson’s Bay Company are now to receive pay.

It is unnecessary for me to make a single remark in reference to this petition. It is a history in itself of the times and events then occurring. Mr. Hines refers to it as of little moment, and on page 150 says: “Not being one of the authors, but merely a signer of the petition, I did not come under the ban of the company; consequently, I obtained my outfit for the expedition, though at first there were strong indications that I would be refused.”

We would infer from this, that the Hudson’s Bay Company did not regard it as a serious matter, but in the next line he tells us: “We remained at the fort over night and a part of the next day, and, after a close conversation with the gentlemen in command, were treated with great courtesy.”

This lets us into the whole mystery of the affair. The gentlemen in charge of the fort had become satisfied that Mr. Hines in his visit among the Indians would not interfere with their arrangements already made with McKay and White; in fact, that Mr. Hines approved of Dr. White’s policy of uniting the tribes in the interior to accomplish the one great object of the company. The documents that follow are given to show the fact stated in the petition, as also the high-handed measures of the company and Dr. McLaughlin.

A

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 upon L. W. Hastings, my authorized agent at Oregon City, and obtain a bond for a deed or deeds, as the case may be. Those who hold claims to any lot, and who comply with the above requisite, on or before the first day of February next, will be entitled to their lot or lots; otherwise, the lots upon which they hold a claim will thereafter be subject to any disposition which the undersigned may think proper to make of them.

John McLaughlin.

January 18, 1843.

Oregon City, March 27, 1843.

We, the undersigned, do hereby certify that the above notice of John McLaughlin was posted up in the most public places in this town.

R. Shortess.

A. E. Wilson.

BDeed – John McLaughlin to Walter Pomeroy

Know all men by these presents, that I, John McLaughlin, of Fort Vancouver, in the Territory of Oregon, for and in consideration of the sum of one dollar, to me in hand paid by Walter Pomeroy, of Oregon City, of the Territory aforesaid, the receipt whereof is hereby acknowledged, have this day, and do, by these presents, remit, release, and forever quit claim unto the said Pomeroy, his heirs and assigns, all and singular, the following piece, parcel, and lot of land, bounded and described as follows, to wit: Commencing at the northeast corner, running thence southerly sixty-six feet to a stake, thence easterly one hundred feet to a stake at the place of beginning, being lot number four, in block number three, in the town of Oregon City, in the Territory of Oregon, which will more fully appear from a reference to the map and plan of said town:

To have and to hold the same, together with all and singular the privileges and appurtenances thereunto in any wise appertaining or belonging unto the said Pomeroy, his heirs, executors, administrators, or assigns, forever.

And I, the said McLaughlin, for myself, do vouch and declare that I am the true and proper claimant of and to the said premises and lot of land, and that I have in myself full power, good right, and sufficient authority to remit, release, and quit my claim in and to said lot and premises, in manner and form aforesaid.

And I, the said McLaughlin, do hereby covenant and agree to warrant and defend the said premises, together with the privileges and appurtenances thereunto appertaining or belonging, to the said Pomeroy, his heirs and assigns, against all lawful claims of all persons whomsoever, the claims of the government only excepted.

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

John McLaughlin. [L. S.]

Per L. W. Hastings, his agent.

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

R. Shortess.

A. E. Wilson.

CBond – John McLaughlin to Albert E. Wilson

Know all men by these presents, that I, John McLaughlin, of Fort Vancouver, in the Territory of Oregon, am held and firmly bound unto Albert E. Wilson, of Oregon City, in the Territory aforesaid, in the full sum of five hundred dollars, federal money; for the punctual payment of which, well and truly to be made, I bind myself, my heirs, executors or administrators, firmly by these presents.

In testimony whereof, I have hereunto below set my hand and affixed my seal, this the 26th day of December, A. D. 1842.

Now, know ye, that the condition of the above obligation is such, that whereas the said Wilson hath this day, and doth by these presents, purchase of the said McLaughlin all and singular the following pieces, parcels, tracts, and lots of land, namely: Lots Nos. four and five, in block No. two, in the town of Oregon City, in the Territory of Oregon, as is more fully shown by the map and plan of said town, and hath, and by these presents doth agree to build upon and improve each of the lots within the term of one year from the date of these presents. In consideration of which, the said McLaughlin hath, and doth by these presents covenant and agree to make the said Wilson a good and sufficient quit-claim deed for and to all and singular the above-mentioned pieces, parcels, tracts, and lots of land, whenever he, the said Wilson, shall have complied with the above conditions on his part. Now, if the said McLaughlin shall well and truly make, or cause to be made, the said deed to the said Wilson, upon the said Wilson’s complying on his part with the above condition, then, and in such case, the within obligation shall become entirely void and of no effect; otherwise to be and remain of full force and virtue.