A History of Oregon, 1792-1849 Part 41

Two hours after my arrival, I received from James Connor, one of the owners, a written challenge for a b.l.o.o.d.y combat; which ended last week in his being indicted before the grand jury, fined $500, and disfranchised for life.

Six weeks since, an unhappy affray occurred between one Joel Turnham, late from Missouri, and Webley Hauxhurst, of Wallamet, and serious threats pa.s.sing from the former, a warrant was issued, and Turnham, resisting with a deadly weapon, was shot down by the officer; for which he comes before the grand jury to-morrow. Turnham expired at once, being shot with three mortal wounds through the neck and head, but with singular desperation fought and resisted to the last.

So far as I understand the public expression, all unite in acquitting the officer, who has ever been a harmless, quiet, good citizen; while Turnham was regarded as a most desperate and dangerous character all abroad, having left Missouri under circ.u.mstances most unfavorable to his reputation and quiet here, where he has been particularly sour, irritable, and quarrelsome; and was the more obnoxious as he was reputed brave and generally too stout for his antagonist.

November 8.--Since penning the last, the grand jury have unanimously declared no bill; and here allow me to say, having accompanied Judge Babc.o.c.k to four of the courts embraced in the circuit of five counties, I have not seen in any country such uniform decorum and quietness as has prevailed throughout at these courts. Much of this mildness, sobriety, and good order, is doubtless attributable to the absence of all intoxicating drinks.

The laws of this country, framed to meet present circ.u.mstances, are taking deeper and stronger root continually. And some are already suggesting, "notwithstanding our infancy," whether, if longer left without a mother's protection, it will not be well to undertake to run alone.

The resources of the country are rapidly developing, and the expectations of the people are generally high; the mildness of the climate and the strength of the soil greatly encourage the large immigration of last year. For the last twelve months, mercury has ranged from 96 to 30; four-fifths of the time from 80 to 55; making an agreeable summer and mild winter, grazing being good throughout; so much so that the jaded and worn-down animals of the poor immigrants fatted up greatly to their surprise, before spring, without feeding or the least attention.

Crops of all kinds usually good, even to Indian corn, and cheerfulness prevails throughout since harvesting. As statements have been made in the States derogatory to our soil, allow me to say, it is believed, with the same cultivation, no country produces better wheat, oats, peas, barley, potatoes, or any crop save Indian corn, for which the nights are generally too cool for a heavy growth. The wheat crops, being never injured by the frosts of winter or the rains of summer, as in the States, are remarkably sure; nor as yet have our crops been disturbed by flies or insects.

Wheat crops are heavy, as you will judge when I a.s.sure you, from simply turning over the prairie in June, scattering the seed in October, and then with no further trouble than pa.s.sing the harrow over it, ten acres upon my plantation grew five hundred and forty-one bushels and a half.

The river flats, containing much alluvial deposit, are very rich; the plains beautiful and verdant, being admirably watered, but generally spa.r.s.ely timbered; the high lands well timbered and watered in many parts, the soil tolerable, producing herbage for an abundance of deer, elk, mountain sheep, etc. The entire Wallamet and Umpqua valleys, capable of sustaining a population of several millions, it is generally believed can not be excelled, as a whole, for richness of soil, variety, grandeur, or beauty of scenery; nor, considering the lat.i.tude, can be equaled in mildness, equability, and agreeableness of climate.

Since last writing, abundance of limestone has been found at the mouth of the Columbia, and likewise in this valley, conveniently obtained, and proves of an excellent quality. The Rev. Mr. De Smet arrived here in August last, bringing, as a part of his cargo, six priests and as many nuns, fine, hale-looking girls, very acceptable just now, particularly as the Methodist Mission is breaking up, and the half-breed Canadian daughters are rapidly multiplying.

Having no pilot or chart to depend upon, and his commander a stranger, he sailed in through the south channel, greatly to the surprise and alarm of all on sh.o.r.e, but without injury or difficulty, not once touching, and reporting abundance of water for the heaviest burden ships.

The sands are supposed to have changed and improved the channel; but of this I know nothing, and am not a little skeptical. I am induced to attribute their success more to the fine day and small vessel than change of the sands in their favor since Captain Wilkes left. Captain Couch, however, who has now been pa.s.sing in and out here for the last five years in the service of Mr. Cushing, of Newburyport, p.r.o.nounces it a better port to enter than theirs, and says, with pilots, there will be little difficulty or danger.

Our exports are wheat, beaver, salmon, and lumber, for which, in return, we obtain from the Sandwich Islands, sugar, mola.s.ses, tea, coffee, and other commodities brought there from China, England, and America.

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 s.e.xes. 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 G.o.d, not few of us are resolved to do, though we do not pa.s.s 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 embarra.s.sing, 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 circ.u.mstances 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 pa.s.sage.

Pa.s.sed 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.