A History of Oregon, 1792-1849 Part 42

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 That all acts and parts of acts contrary to this act be, and the same are hereby, repealed.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 pa.s.sage.

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,} } _ss._ 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 fort.i.tude.

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 Perce 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 _cama.s.s_, their princ.i.p.al 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 a.s.sistance to avenge the horrid wrong, and perform a brilliant military exploit. The chief, in his embarra.s.sment 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 pa.s.sed 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 a.s.sure the chief that he was convinced from my letter and all the circ.u.mstances, 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 circ.u.mstance 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 partic.i.p.ation; 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 pa.s.sage across the ferries, etc. But at length they all arrived safely, after manifest suffering, leaving the herds they had paid for in California.

They met three Americans on the way as they left the California settlements and had them in their power, but instead of revenging the death of Elijah, they mounted each on a horse of their own, and sent them on, telling them to go to the fort and acquaint the people that they could not kill innocent white people in their power and lodge.

Taking for truth an Indian report, this horrible affair creates considerable excitement, and there is some danger of its disturbing the friendly relation that has. .h.i.therto existed between us here, and all those formidable tribes in the region of Wallawalla and Snake River.

They had no sooner arrived, than Ellis, my interpreter, the high chief of the Nez Perces, was deputed to come down and learn our opinions regarding the affair. They could not have sent a better agent, the whites all giving him a handsome and cordial reception. From Wallawalla, he accompanied Mr. Grant, the chief trader at Fort Hall, down to Vancouver. He called on Dr. McLaughlin, whose great experience and address were serviceable. He spoke touchingly of the violent death of his own son upon the northwest coast, and left the impression that he could not avoid sympathizing with the father and friends of the deceased young chief. Mr. Douglas, too, an early friend, patron, and favorite of Ellis, aided much in convincing him that all the good and virtuous could not avoid the most painful regrets at so melancholy a circ.u.mstance, which must have occurred by reason of the difference in their customs or laws, imperfectly understanding each other, or from some, as he would charitably hope, excusable circ.u.mstance.

Under the influence of this salutary language and interview, Ellis arrived at my residence, in Wallamet, about the 1st instant, having, a short time before, got a hasty communication, written in excitement, from Dr. Whitman, who was under serious apprehensions that it might be avenged upon some of the whites of the upper country. Be a.s.sured I was happy to see this my most faithful friend and interpreter. Sir, pardon me for saying--isolated as we are here, agitated as we have a thousand times been by faithless savages and still more faithless whites, responsible, yet powerless and defenseless, in our unsettled state of things--to meet with this honest man, this _real_ friend, though an Indian, gave me hearty pleasure.

His thorough education at Red River molded him into more of the white man than Indian. His prudence and good management with his tribe sanctioned the choice that had been made, and all the whites spoke handsomely of his kind offices and obliging deportment, while immigrating through his country. Being satisfied of the safety and policy, I feasted him, and took at once un.o.bserved measures to have him invited to every respectable place abroad, where the ladies and gentlemen received him so cordially, and feasted him so richly and delicately, that he almost forgot the object of his emba.s.sy, and, I verily believe, thought extremely highly of the whites of Wallamet, however ill he might have thought of the conduct of the Californians.

Being anxious to make this visit useful to him and his people, as well as pleasant, after spending a few days in visiting the schools, as well as the princ.i.p.al inhabitants and places of interest, I showed him my little library; told him to make himself at home; put on my farmer's garb and commenced working upon my plantation. He soon came out, accompanied by a wealthy cousin, and begged for tools to a.s.sist me. I loaned them, and found he was much at home in their use. He spent with me a sufficient length of time to convince me of the truth reported concerning his cheerfulness in labor, as well as his knowledge, application, and a.s.siduity in business. He spoke sensibly of the advantages of industry, and the astonishing change that had been effected among his people by the cultivation of the soil; a.s.sured me that every family or lodge now raised an abundance for home consumption, besides having considerable quant.i.ties to barter with the whites. He says he raised, himself, the past season, six hundred bushels of peas, with a fine crop of wheat, potatoes, beans, etc.; spoke properly of its moral and social effects. Wars were no longer talked of, and the chase was nearly abandoned; the book and the Bible consumed their leisure moments. Polygamy, once so common, was now done away with, except in two solitary cases, and not a lodge of his people but observed the Sabbath, and regularly attended morning and evening devotion. This was only corroborative of what I had previously heard from other sources. He spent ten days with me in the most cheerful, agreeable, and profitable manner, and at the close I felt myself the happier and better for the visit; nor did I marvel that his influence was increasing and the prospects of his people brightening.

Pardon me, for, in thinking of his visit and dwelling upon his excellences, I had like to have forgotten his agency. Learning from Dr.

Whitman, who resides in their midst, how much they were all excited by reason of the treacherous and violent death of this educated and accomplished young chief, and perhaps more especially by the loss they had sustained; and then, after suffering so many hardships and encountering so many dangers, losing the whole,--I apprehended there might be much difficulty in adjusting it, particularly as they lay much stress upon the restless disaffected scamps late from Wallamet to California, loading them with the vile epithets of "dogs," "thieves,"

etc., from which they believed, or affected to, that the slanderous reports of our citizens caused all their loss and disasters, and therefore held us responsible. He a.s.sured me that the Cayuses, Wallawallas, Nez Perces, Spokans, Ponderays, and Snakes were all on terms of amity, and that a portion of the aggrieved party were for raising about two thousand warriors of these formidable tribes and marching to California at once, and, n.o.bly revenging themselves on the inhabitants by capture and plunder, enrich themselves upon the spoils; others, not indisposed to the enterprise, wished first to learn how it would be regarded here, and whether we would remain neutral in the affair. A third party were for holding us responsible, as Elijah was killed by an American, and the Americans incensed the Spaniards. Ellis reminded me at the same time of the ill-success the chiefs met with in trading off their ten-dollar drafts for herds with the immigrants; which drafts I had sent up by Mr. Lee, my interpreter, to secure peace and safety while the immigrants were pa.s.sing through their country, the year before so many having been pillaged and robbed of their effects, through the inattention of the chiefs.

Sir, how this affair will end is difficult to conjecture; the general impression is, that it will lend to the most disastrous consequences to the Californians themselves, or to the colony of the Wallamet Valley. My princ.i.p.al fear is, that it will result in so much jealousy, prejudice, and disaffection, as to divert their minds from the pursuit of knowledge, agriculture, and the means of civilization, which they have been for such a length of time so laudably engaged in obtaining.

Should this be the case with these numerous, brave, and formidable tribes, the results to them, and to us, would be indeed most calamitous.

To prevent such a result, I wrote, through Ellis, a long, cordial, and rather sympathizing letter to the chiefs of these tribes, a.s.suring them that I should at once write to the governor of California, to Captain Sutter, and to our great chiefs respecting this matter. With a view to divert attention, and promote good feeling, I invited all the chiefs to come down in the fall, before the arrival of the immigrants, in company with Dr. Whitman and Mr. Spalding, and confer with me upon this subject; at the same time, as they had been so unfortunate, to bring along their ten-dollar drafts, and exchange them with me for a cow and calf each, out of my own herds. I likewise wrote them, that on condition they would defer going to California till the spring of 1847, and each chief a.s.sist me to the amount of two beaver skins, to get a good manual labor literary inst.i.tution established for the English education of their sons and daughters (a subject they feel the deepest interest in), I would use every measure to get the unhappy affair adjusted; and, as a token of my regard for them, would, from my private funds, give the chiefs five hundred dollars, to a.s.sist them in purchasing young cows in California. I likewise proffered, as they are so eager for it, to start the English school next fall, by giving them the services of Mr. Lee, my interpreter, for four months, commencing in November next.

Ellis more than properly appreciated my motives and proffers, and said he was of the full belief the chiefs would accede to my proposition; spoke of the importance of the English school, and of the strong and general desire to obtain it. He left in high hopes of a continuance of peace and onward prosperity to his people.

A few days later brought me into another excitement and difficulty at Vancouver. Two young men, named in McLaughlin's communication to this government (a copy of which, marked A, together with a reply, accompanies these dispatches), crossed the Columbia River, and, un.o.bserved, in the midst of a little thicket something over half a mile from Fort Vancouver, felled some timber, threw up a few logs in the shape of a hut, intending soon to finish it, put up a paper upon a contiguous tree, stating that they had commenced and intended to establish a claim agreeably with ----; here the note ended. Some one about the establishment, observing the paper and commencement of the hut, reported it to the governor, who sent down at once and had all the timber removed from the vicinity, the tree felled, and that, with the paper likewise, removed. They had hardly cleared the ground when the claimants arrived with a surveyor, and commenced surveying off a section of land, embracing the post first commenced upon. They were inquired of, at the instance of Governor McLaughlin, as to their object and intentions. They at once laid down the chain, dropped all business, and walked up to the fort. Several respectable and influential American citizens happened to be present on business, who, with myself, were respectfully invited to hear the discussion.

Williamson, a modest and respectable young man, demeaned himself with propriety; but Alderman, his a.s.sociate, a boisterous, hare-brained young fellow, caused me (as occasionally others do) to blush for American honor. His language was most severe, and, but for the sake of the country's quiet, could not have been endured; the governor and Mr.

Douglas displaying their usual calmness and forbearance. I heard the discussion for two hours; and, becoming satisfied that no possible good could grow out of it, remarked that with the cheerful consent of both parties I would give my sense of the matter.

Each readily consenting, I thought best to come up on the blind side of Alderman; treated his measures with less severity, and himself with more consideration and respect, than he antic.i.p.ated; then spoke of Greenough's construction of the treaty between the two governments (which I happened to have with me); of the immense district of country dependent upon this establishment for supplies in beef, pork, etc., and as evidence that they had no more land contiguous than was necessary for their purposes, spoke of the number of cattle and other stock that had died of starvation during the last winter; dwelt upon the importance of union and good feeling among all the whites, surrounded as we were by savages, in our weak and defenseless condition, and especially of the propriety of establishing correct precedents in our unsettled state, regarding land claims; and, without advising particularly either party, took my seat.