A History of Oregon, 1792-1849

We are much in want of a currency and market, American merchants being as yet a slender reliance; and in view of the large immigrating parties of each year, we should be greatly distressed for necessary articles of wearing apparel, but for the most commendable spirit of accommodation on the part of the Hudson’s Bay Company.

Could some arrangement be entered into for us to supply the navy of the Pacific with bread, beef, pork, fish, etc., we would thereby be much improved in our condition. This might, and perhaps ought to be done, in view of the encouragements held out for our people to emigrate to this country. Should it not be convenient for our ships of war to come to the Columbia for such supplies, they could be shipped to the Sandwich Islands, if required. But more of this another time.

Having just taken the tour of the colony for the purpose of attending the courts and visiting the schools, it affords me pleasure to say I felt amply rewarded. I found throughout health, cheerfulness, and prosperity, and, certainly, most surprising improvements for the short time since the settlers commenced. The decorum of the courts I have spoken of, and now have only to speak of the schools and Indians, and I am done, fearing I have already wearied your patience. For the want of means, the Methodist manual labor Indian school has lately been broken up, and this is now occupied as a boarding-school for white children of both sexes. The school is yet small, but well conducted, and promises usefulness to the colony. The school at the falls of the Wallamet and Tualatin Plains, and likewise the one under the direction of Rev. Mr. Blanchet, Catholic clergyman, are all small, – numbering from fifteen to thirty only, – but are all well kept and doing good. I feel solicitous on this subject, and am saying and doing what I can to encourage education, but, like all other new countries, the people need and require their children much at home.

Since the unhappy affair last spring, the Indians have been unusually quiet, and the summer has been spent without alarm. I sent my interpreter, Mr. Lee, to the Wallawallas six weeks since, to make some presents to the chiefs, as a safe conduct to the immigrants down to this place, but having, as yet, nothing from him of interest, I addressed a line to Mr. J. B. Littlejohn, who is just down from there, and received the annexed reply; all other statements are corroborative: —

“Wallamet, November 1, 1844.

“Dear Sir, – It is with the utmost pleasure I undertake to give you what information I am able to do. I have resided with the missionaries of the American Board for two years past; I have known their hearts, and am well acquainted with all they have done. Their influence among the Indians is by no means small, or their efforts vain, as their condition is very much improved, both in a spiritual and temporal point of view. And, dear sir, your efforts among and for them have been much to their advantage, and at the same time not to the disadvantage of the missionaries, but greatly to increase their usefulness among them. I have no doubt you have labored with this motive in view. The Indians are becoming civilized as fast or faster than any tribes concerning whom I am informed. Their anxiety for cattle, hogs, and sheep is very great; leading them to make most commendable efforts to obtain them, and their efforts are by no means vain. They have purchased a good number from those who are emigrating to this country, by exchanging their horses for cattle. Thus, while their horses have been very useful to the immigrants, they have greatly benefited themselves. They are enlarging their farms yearly, – improving much in fencing, etc. Quite a number of families are enabled to live from what they raise on their farms, the milk of their cows, and their beef. There is perfect quietness existing between them, and I have no doubt this state of things will continue to exist. Many things that are interesting might be written, but time does not allow me to say more at present.

“I am, dear sir, yours with the greatest respect,“J. B. Littlejohn.”

Thus far the Indians have kept their treaties of amity with me astonishingly well, and it is thought we have now as much to hope as fear from them, if we succeed in keeping out liquor, which, by the grace of God, not few of us are resolved to do, though we do not pass unopposed, nor slightly opposed; and had it not been for that most salutary liquor law, and the hearty co-operation of some of the friends of temperance with your agent, liquor would have already made ruinous havoc among us.

The Methodist Mission, though we have not agreed on all subjects, has behaved very properly on this. And to it, in connection with the Honorable Hudson’s Bay Company, will the colony be lastingly indebted for its commendable efforts.

Since my first arrival, I have not received a line from the department save my last year’s report. As my condition is peculiar, and not a little embarrassing, I should feel greatly obliged for an expression and further instruction from the department. I have had, as may well be judged, much to contend with, in the midst of lawless Indians of so many different tribes, and lawless whites of so many nations, – some bred upon old whale-ships, others in the Rocky Mountains, and hundreds on the frontiers of Missouri. I have at times waded in deep perplexing difficulties, but am now greatly relieved by the colonial government, which as yet is well administered. By reason of this I now have less to do, and sail in smoother seas, meeting with less opposition than heretofore, my proper official relations toward the whites and Indians being better understood.

I have the honor to be, etc.,

E. White,

Sub-Agent Indian Affairs, W. R. M.

Hon. J. M. Porter,

Secretary of War, Washington

An Act to prohibit the Manufacture and Sale of Ardent Spirits

Whereas the people of Oregon, now occupying one of the most beautiful and interesting portions of the globe, are placed in the most critical and responsible position ever filled by men, owing, as they do, important duties to themselves, to their country, to posterity, and to mankind, as the founders of a new government and a young nation; and whereas the introduction, distillation, or sale of ardent spirits, under the circumstances in which we are placed, would bring withering ruin upon the prosperity and prospects of this interesting and rising community, by involving us in idle and dissolute habits, inviting hither swarms of the dissipated inhabitants of other countries, checking immigration, destroying the industry of the country, bringing upon us the swarms of savages now in our midst, interrupting the orderly and peaceable administration of justice, and, in a word, producing and perpetuating increasing and untold miseries that no mind can rightly estimate; therefore,

Be it enacted by the Legislative Committee of Oregon as follows: —

Section 1. That if any person shall hereafter import or introduce any ardent spirits into Oregon, with intent to sell, barter, or trade the same, and shall offer the same for sale, barter, or trade, he shall be fined the sum of fifty dollars for each and every such offense, which may be recovered by indictment or by trial before a justice of the peace, without the form of pleading.

Sec. 2. That if any person shall hereafter sell, barter, or trade any ardent spirits of any kind whatever, directly or indirectly, to any person within Oregon, he shall forfeit and pay the sum of twenty dollars for each and every such sale, barter, or trade, to be recovered by indictment in the Circuit Court, or before a justice of the peace, without the form of pleading.

Sec. 3. That if any person shall hereafter establish or carry on any manufactory or distillery of ardent spirits in Oregon, he shall be subject to be indicted before the Circuit Court as for a nuisance; and if convicted, he shall be fined the sum of one hundred dollars, and the court shall issue an order to the sheriff, directing him to seize and destroy the distilling apparatus, which order the sheriff shall execute.

Sec. 4. That it shall be the duty of all sheriffs, judges, justices, constables, and other officers, when they have reason to believe that this act has been violated, to give notice thereof to some justice of the peace or judge of a court, who shall immediately issue his warrant and cause the offending party to be arrested, and, if such officer has jurisdiction to try such case, shall proceed to try such offender without delay, and give judgment accordingly; but, if such officer shall not have jurisdiction to try the case, he shall, if the party be guilty, bind him over to appear before the next Circuit Court of the proper county.

Sec. 5. That all sales, barters, or trades, made under color of gifts or otherwise, with intent to evade this act, shall be deemed a violation of the same, and all fines and penalties recovered under this act shall go into the general treasury, and all officers receiving the same shall pay over to the sheriff, whose duty it shall be to pay the same into the treasury.

Sec. 6. That this act shall not be so construed as to prevent any practicing physician from selling such liquors for medicine, not to exceed one gallon at one time.

Sec. 7. That the clerk shall make out a copy of this act and put the same up in Oregon City as early as practicable.

Sec. 8. That this act shall take effect within sixty days from and after its passage.

Passed 24th June, 1844.M. M. McCarver, Speaker.

Attest: J. E. Long, Clerk.

An Act to provide for Ways and Means

Be it enacted by the Legislative Committee of Oregon as follows: —

Section 1. That in order to raise a revenue for the purpose of defraying the expenses of the government, there shall be levied and collected a tax of one-eighth of one per cent. upon the following property, at a fair valuation, to wit: All merchandise brought into this country for sale; improvements in town lots; mills; pleasure-carriages; clocks; watches; horses; mules; cattle and hogs.

Sec. 2. Every male citizen over the age of twenty-one years, being a descendant of a white man, shall be subject to pay a poll-tax of fifty cents.

Sec. 3. That it shall be the duty of the collector of revenue to require of each and every merchant of Oregon to give him a statement of the amount of all merchandise on hand, in writing, to be stated upon oath or affirmation, which oath or affirmation the collector shall administer; and said collector shall collect and receipt for the tax upon such merchandise, which receipt shall serve said merchant for a license for the next year, commencing from the time given; and that, when a merchant shall wish to renew his license, he shall give a similar statement of all merchandise received by him for sale in the preceding twelve months, and the collector shall only require him to pay tax upon the amount of said imports.

Sec. 4. That any person refusing to pay tax, as in this act required, shall have no benefit of the laws of Oregon, and shall be disqualified from voting at any election in this country.

Sec. 5. That the sheriff shall serve as ex officio collector of the revenue, for which he shall receive, as a compensation for his services, ten per cent. upon all moneys collected as revenue.

Sec. 6. That the sheriff, before entering upon the duties of his office as collector of the revenue, shall enter into bond, with two or more good and sufficient securities, in a sum not less than five nor more than ten thousand dollars, to be approved by the executive, which approval shall be written upon the back of said bond, and the said collector’s bond shall be filed in the office of the clerk of the court.

Sec. 7. That the collector shall pay over to the treasury, on the first Monday in each and every month in the year, all moneys that may be in his hands, and get the treasurer’s receipt therefor.

Sec. 8. That it shall be the duty of the tribunal transacting county business to require the collector to settle with said court at each and every regular term of the court in Clackamas County.

Sec. 9. The collector of the revenue shall make full payment into the treasury on or before the first Monday in December in each year.

Sec. 10. The revenue of Oregon shall be collected in specie or available orders on solvent merchants in Oregon.

Sec. 11. That all acts and parts of acts contrary to this act be, and the same are hereby, repealed.

Sec. 12. This act to take effect from and after its passage.

M. M. McCarver, Speaker.

Attest: J. E. Long, Secretary.

Oregon Territory, Tualatin District, United States of America, May 1, 1844.

Charles E. Pickett, plaintiff, in the name of Oregon Territory, threatening to incense the Indians, against Saul, a man of color.

Complainant’s oath and warrant issued, directed to J. L. Meek, sheriff, and summons for three witnesses, viz.: James Conner, William Hill, and Mr. Bird.

May 3. – Sheriff made his return with defendant and witnesses, and jury of good and lawful men, viz., Philip Foster, W. C. Dement, J. W. Nesmith, John McCaddan, C. Spencer, and S. W. Moss, being duly sworn, returned a verdict of guilty of the charges alleged to him, and signed their names, viz.: Philip Foster, J. W. Nesmith, William C. Dement, John McCaddan, Chauncey Spencer, and S. W. Moss.

Two witnesses, viz., William Hill and Mr. Bird, of lawful age, being duly sworn, did depose and say: that the threats in the deposition of Charles E. Pickett were correct; and that the Indians had come in a menacing manner; and that Saul said he would stand for the Indians’ rights; and that he (Saul) was armed and prepared to do so; and that the Indians would burn and destroy his house and property. The charges being of a higher character than the Oregon laws have cognizance of, judgment is, that the United States sub-Indian agent, Dr. Elijah White, is the proper officer to take cognizance of him; and he, Saul, a man of color, be forthwith delivered into said agent’s hand; which was forthwith done.

Robert Moore, Justice of the Peace.

The criminal was received and kept in custody for some weeks; but having no prison-house or jail to lodge him in, and the captain absolutely declining taking him on board his vessel, after the storm had blown over I suffered and encouraged him to leave this place, and stop with one of the mission families for the present, at the mouth of the Columbia.

Though unsuccessful in getting employment as I had hoped, he remains in that vicinity with his Indian wife and family, conducting, as yet, in a quiet manner, but doubtless ought to be transported, together with every other negro, being in our condition dangerous subjects.

Until we have some further means of protection, their immigration ought to be prohibited. Can this be done?

E. White, Sub-Agent.

Territory of Oregon,District of Tualatin.

Charles E. Pickett, being duly sworn, says, that Saul (a man of color), of said Territory, has threatened to incense the Indians against his person and property, to destroy the same; and that he, the said Charles E. Pickett, verily believes that, unless measures are taken to prevent him, there are sufficient grounds to apprehend that he will carry those threats into execution.

Sworn to and subscribed this 1st day of May, 1844, before me,

Robert Moore, J. P.

We, the jury, find the prisoner guilty of the charges alleged against him.

Philip Foster,

J. W. Nesmith,

Wm. C. Dement,

John McCaddan,

Chauncey Spencer,

S. W. Moss.

Oregon, Wallamet Valley,April 4, 1845.

-Starting too late, and the winter rains setting in earlier than usual, subjected the immigrants to incredible suffering and hardships, especially from the Dalles of the Columbia down to the Wallamet Valley; but our early and delightful spring is exerting a cheering and most salutary influence upon their hitherto depressed spirits. They have, bee-like, been hived up in Oregon City during the winter, and are now swarming, to the entire satisfaction of the first occupants of the hive, it not being wide and large enough for such an unexpected increase. The last immigration, numbering about a thousand, are generally pleased with the country, and are setting about their spring work with becoming spirit and fortitude.

The Indians of this lower country, whose national honor and dignity are laid in the dust, are looking upon the rapid growth and increased strength of the whites with sorrowful countenances and sad hearts. The present state of things between us and them is peculiar, critical, unenviable, and dangerous, at least, so far as peace and property are concerned.

For instance, in proof: Soon after I sent my last dispatches, the chief of the Tualatin Plains, whose orderly conduct and that of his clan did honor to the Nez Percé laws, and the engagement we had mutually entered into, called on me, desiring my offices in procuring the mending of his gun. This being done, he invited me to come and see him and his people; said all was not right at his lodge; his tribe was divided, and all was not right; his influence was waning, and some of his people were becoming very bitter toward the Americans. Observing anxiety and mental reservation, I endeavored to draw out the secret, reminding him of the frequent communications he had brought me from the Rev. Messrs. Clark and Griffin, bearing such satisfactory testimony to their previous quiet, orderly, and proper conduct, etc., but all I could learn was, “Things are not right with us, and we are miserable.”

The camass, their principal dependence for food, was cut off last season by reason of drought; and the deer are hunted so much by the late hungry western immigrant riflemen, that they have become wild, poor, and few in number. The chief left.

A few days after, I learned they had killed an ox and ate it, belonging to a neighboring white man. The owner was excited, and applied to one of the executive; a proclamation was issued, the military was called out (if it be lawful to call it such), and ample preparations made to avenge this national insult, and seek redress for this astounding loss. The army collected upon the opposite bank of the river, about six miles from the position occupied by the enemy, talked bravely, long, and loud, but the river was a little too high to cross that day; appointed another, the river being lower; none of the warriors appeared; nor could the executive, or owner, simply for the want of a few gallons of alcohol, obtain the necessary assistance to avenge the horrid wrong, and perform a brilliant military exploit. The chief, in his embarrassment and distress, came to me as usual for sympathy and succor. My coldness and look of severity (for which Heaven forgive me!) keenly afflicted him. After a deep sigh and painful pause, peculiar to a wounded or injured Indian, he slowly rose, gently smiting his breast, and said, “Dr. White, I am a true man, and carry an honest heart. Do you remember my coming to get my gun mended last fall? Do you remember my words, that all was not right with our people, and my inviting you to come and see us? We had just before killed that old ox, and were then eating it.” I inquired, “Had you any thing to do with it personally?” “Yes, I helped to kill it, and, with my family, took and ate one-half of the animal. You saw the condition of my gun; – our provisions were out; I and others had hunted for two days, – our hunger was great. We held a council; and, hoping for success, I promised, on condition nothing was caught till the setting of another sun, we would kill the first animal we met. I traveled far, and wearied myself till evening; shot often but killed nothing; – we met this poor old ox, which our people would scorn to kill or eat but in case of extreme hunger; – my word was passed to my people; I could not go back from my word; I helped to kill and butcher the ox, and joined in eating him; and now my peace is gone. I am ashamed to see a white man’s face; they look cold on me and shake the head; – I can not bear it – I can not live so; I come to you to help me, for I am told they want to kill me. I do not want such feelings to exist; nor do I want to be hunted as a bear or wild beast, for slaughter. I stand here a wisher of peace, willing to have you dictate the terms; but wish to have it remembered that we were distressed with hunger.” “Suppose,” said I, “the owner should require your rifle and four horses?” “You stand to judge between us, and I shall abide your decision.” “But you have broken your engagement and forfeited confidence, and I fear it can not be settled, and some think you have killed before.” “Dr. White, I am a true man, and lie not. I, nor my people, can not be so accused justly; this is injurious; none can meet my face and say it.” I wrote, through him, to the owner, praying, as it was the first offense so far as we had the least evidence, and especially in view of our critical situation and his general good behavior, that he would fully indemnify himself; and then, in view of what I knew of the condition of his gun, and the probability that it was induced by hunger, to settle it; and requested him to assure the chief that he was convinced from my letter and all the circumstances, in connection with his past good conduct, that it must have been brought about by hunger.

The advice was rejected, as the laws of the organization now had cognizance of the offense, and he wished to see them faithfully enforced. Public opinion became divided, and no judicial expression being made, and the poor chief becoming excessively tired of being held by public opinion in durance vile, came to see me a second time. I wrote again, and learned it was settled by the chief and his people paying his rifle and eight horses. If this be correct (as I fear it is), I abominate the act and dread its prejudicial influence.

Week before last a hungry and mischievous lodge killed a cow. They were pursued by a party of whites, overtaken, and, in attempting to take them, the Indians fired upon the whites, killing one horse, and wounded another. The fire was returned; one Indian killed, and a second wounded. Thus ended this affair, which creates very little excitement among whites or Indians.

The most painful circumstance that has occurred lately, transpired last fall at California. The Cayuses, Wallawallas, and some of the chiefs of the Spokans, entered upon the hazardous but grand and important enterprise of going directly through the Indian country to California, with a view of exchanging their beaver, deer, and elk skins, together with their surplus horses, for neat stock. As they had to travel through an extensive country inhabited by the savage and warlike Klamaths and Shastas, where Smith, Turner, and so many other white parties had been defeated, we are at a loss to conclude whether their valor is more to be commended than the rashness of their stupendous enterprise to be censured. They were well mounted and equipped; the chiefs clad in English costume, and the residue attired in dressed skins, molded according to their several tastes. The journey of seven or eight hundred miles, after some fighting, watching, and much fatigue, was accomplished, and their numbers not lessened.

Taking their own statement, their reception was cordial, and the impression made upon the whites by these distant and half-civilized people, upon an errand so commendable, was most favorable. The treating and salutations being over, the trade commenced in good faith, and to mutual satisfaction. All moved on well, till, on an excursion to procure elk and deer skins, they met a marauding band of mountain freebooters; fought them, and, being victorious, took a prize of twenty-two horses, all previously stolen from the whites.

On returning to the settlements, the Spaniards laid claim to the animals. The chiefs remonstrated, and said, agreeably to their customs, the horses were theirs. The Spaniards explained their laws, and showed the animals not to be vented, i. e., bearing a transfer mark, and told the Indians they must give them to the rightful owners, as all Americans and others did. The Indians seemed grieved and rather incensed; said in their country six nations of people were on terms of amity, and that in case any one of these six nations stole a horse, the tribe was responsible for the safe delivery of that animal to the rightful owner; but in case the Blackfeet or other formidable enemy steal or capture, the properly is supposed lost, without redemption; and as we have captured these horses at the hazard of our lives, from your long openly declared enemies, we think they ought in justice to be ours. The Spaniards condescended to offer ten cows for the redemption of the horses; the chief not replying, five more were added; he still remaining moody and without replying, the negotiation unhappily broke off. A day or two after, an American, seeing his mule among the number captured, told the Indians it was his mule, and have it he would. “Will you?” said a young chief by the name of Elijah Heading; and stepping into the lodge, he immediately loaded his rifle, came out and observed significantly, “Go now and take your mule.” The American, much alarmed, remarked, “I hope you are not going to kill me.” “No! I am going to shoot yonder eagle” (perched upon a neighboring oak). Not liking the appearances, the man left without attempting to obtain his mule. A day or two after, the Indians left their encampment and walked down to the fort of Captain Sutter to church; and from the best information we have obtained (all being ex parte), the following appears to be near the truth: After service Elijah was invited into another apartment, taking with him his uncle, a brave and sensible chief of the age of five and forty; while there, in an unarmed and defenseless condition, they commenced menacing him for things alleged against the river Indians of this upper country, in which none of them had any participation; called them indiscriminately dogs, thieves, etc. This American then observed: “Yesterday you were going to kill me; now you must die” – drawing a pistol. Elijah, who had been five or six years at the Methodist Mission, and had learned to read, write, and speak English respectably, said, deliberately: “Let me pray a little, first;” and kneeling down, at once commenced; and while invoking the Divine mercy, was shot through the heart or vitals dead upon the spot. Every measure, as the Indians say, was taken to cut them all off by the Spaniards, who brought out the cannon, with other fire-arms, and hotly pursued them, and tried to prevent their escape by checking and interrupting their passage across the ferries, etc. But at length they all arrived safely, after manifest suffering, leaving the herds they had paid for in California.