Chapter VI: Part 6

On arriving in the Eastern States in 1838 Rev. Jason Lee seems to have become imbued with the zeal and fervor of an evangelist in regard to christianizing the Oregon Indians, and the necessity of more missionaries in Oregon. Rev. Dr. Hines in his _Missionary History of the Pacific Northwest_, p. 194, says: "Mr. Lee devoted the winter of 1838 and the summer of 1839 to traveling and delivering missionary addresses in the cities and larger towns of the Atlantic states. He was accompanied in his journeys by the two Indian boys, Wm. Brooks and Thomas Adams, brought with him from his missionary school in Oregon, whose presence and intelligent speeches added greatly to the popular enthusiasm. Lee's appeals were irresistible. The fire of his zeal caught on the altars of the church everywhere. Oregon and the Oregon Mission fired the heart of the church as no mission ever did before. The age of apostolic fervor seemed to have returned, and Lee was in the eye of the church like the great Apostle to the Gentiles building on no other man's foundation. The thought of distant wilds, where uncounted red men waited and longed for deliverance from the darkness of heathenism that had wrapped all their race for all these ages became an ever present vision to the church of the United States." In this _History_, p. 195, Dr. Hines also says: "Poverty donated its little; wealth gave its 'gold, frankincense, and myrrh.'... The culture of Boston responded; the pride of New York cast its jewels into the treasury. The staid sobriety of Philadelphia wept and shouted and gave. Baltimore out-did the renown of her ancient missionary fame. Lee, erst the lumberman of Canada, later the pioneer missionary, who had dipped his banner in the spray of the Pacific was the hero of the hour." But in his oral report to the Missionary Board in July, 1844, after quoting the following from the letter of a complaining fellow missionary who went to Oregon on the Lausanne: "And indeed they [the Indians] have no life or energy and are a melancholy, doomed race," Jason Lee said: "I think this is in part true, the Indians on the Willamette will become, as a distinct race, extinct. But I think there will be more Indian blood through amalgamation, running in the veins of white men a hundred years hence, than would have been running in the veins of the Indians, if they had been left to themselves."

In July, 1844, Rev. Jason Lee made an oral report to the Missionary Board in New York. This report was not reduced to writing in full but a brief statement of it was made. A copy of this report, as reduced to writing, corrected by, and in Jason Lee's handwriting, is in the possession of the Oregon Historical Society. The principal serious charges made against Jason Lee, and which caused his summary removal as Superintendent of the Oregon Methodist Mission, had been made secretly, and without notice to him, by members of the Oregon Mission. Lee answered these charges in detail, occasionally with some indignation. These charges against Jason Lee were: using the Mission's funds for speculation for his own use; misuse of Mission funds; and failure to report concerning the property of the Mission.

In this report Jason Lee said of certain Methodist missionaries:

"In one of Bro. Abernethy's letters, he tells you that the Superintendent [Jason Lee] refused to send the report of the state of the property home. There is some error in this. I cannot, I will not, believe that A. intended to charge me with opposing the sending of that report.

"Before I had left Oregon I was aware that Bro. Hines had written to the Board. He had read part of his communication to some persons, who had hinted to me about it. He started from Oregon with me, and I was in hopes we should have met face to face before this Board. He returned, however, from the Sandwich Islands to Oregon.

"Bro. Kone complains of my treatment of him, and professes to know my secret reasons for wishing to keep all in the field. I never had any _secret_ reasons.... Bro. Kone by his injudicious remarks caused great excitement among the laymen, and made much difficulty.

"He considered Dr. Richmond his enemy because he had so declared himself, and sent word to him [Mr. Lee] that he was his antagonist. And he hoped as they had heard his enemy they would hear him.

"Of Bro. Frost I cannot say much. He has made no thorough effort to bring sinners to God. I mean such an effort as would render it probable that these Indians could not be benefited by the Gospel."

In this report Jason Lee also spoke of some other Methodist missionaries who had made charges against him, without giving their names.

As the Board seems to have exonerated Jason Lee from all charges, it must have found that these charges made in Oregon were untrue, or unfounded, or not justified. Exonerating Jason Lee was, in effect, condemning those persons who made the charges, and finding that their charges were false. In this report Rev. Jason Lee also said: "When the Board sent out its last large reinforcement, its object in my view and I believe in theirs was that Methodism should spread throughout Oregon; for what purpose else, I ask, did so large a number of laymen go out? If it was only to form one or two stations, it appears to me that both the Board and myself as their agent must have taken leave of our senses. If my associates had stood firm to their post, and persevered willingly in the work consigned them, I have not a doubt but far more favorable accounts would have reached you from that distant country. The plans I assert were well formed and had I been sustained the object would have been accomplished. A great mistake was made in selecting some of those who were sent out. I allude not to the number but the qualifications of certain individuals. I forewarned the Oregon Committee that if the persons who applied for situations were not examined by a proper committee the plan would fail. Such proved to be the case. As proof I aver that we had not reached our first stopping place in South America, before some desired to return to the United States, and even after touching at the S. [Sandwich] Islands before we had reached Oregon one wanted to return and secure the Chaplaincy at the Islands. I have had much to contend with, and I regret that men of more steadfast minds had not been chosen. Such persons do more injury to a distant Mission than they do good, and no one knows the difficulties I have had to pass through."

In this report Rev. Jason Lee said further: "He [Dr. McLoughlin] is a Catholic. Previous to the Priests going there, I was his intimate friend,--his confidant. Such was my influence with the Canadian part of the settlement, that they would have been pleased to give me their church and have no Priest come. Since my return I have not time to instruct their children as we used to do, and the Priests have taken them."

DOCUMENT F

_Excerpts from Narrative of Commodore Charles Wilkes, U. S. N.,
published in Philadelphia in 1845._

Commander Charles Wilkes of the United States Navy, (afterwards Commodore) had charge of an exploring expedition during the years 1838-1842, which came to the Oregon Country in 1841. His squadron consisted of six vessels, which arrived at Puget Sound in 1841. He left his ships at Puget Sound and came overland to Vancouver in May, 1841. In his narrative of his exploring expedition, published in 1845, Wilkes says, (vol. IV, p. 327): "He [Dr. McLoughlin] is a tall fine-looking person, of a very robust frame, with a frank, manly, open countenance, and a florid complexion; his hair is perfectly white. He gave us that kind reception we had been led to expect from his well known hospitality. He is of Scotch parentage, but by birth, a Canadian, enthusiastic in disposition, possessing great energy of character, and extremely well suited for the situation he occupies, which requires great talent and industry. He at once ordered dinner for us, and we soon felt ourselves at home, having comfortable rooms assigned us, and being treated as part of the establishment." And on page 331 he says: "The liberality and freedom from sectarian principles of Dr. M'Loughlin may be estimated from his being thus hospitable to missionaries of so many Protestant denominations, although he is a professed Catholic, and has a priest of the same faith officiating daily at the chapel. Religious toleration is allowed in its fullest extent. The dining-hall is given up on Sunday to the use of the ritual of the Anglican Church, and Mr. Douglass or a missionary reads the service.... Messrs. Griffith and Clarke were entirely disappointed in finding self-support here, and had it not been for the kindness of Dr. M'Loughlin, who took them in, they would have suffered much. They were advised to settle themselves on the Faulitz Plains, where I have understood they have since taken land, and succeeded in acquiring quite respectable farms."

June 3, 1841, Wilkes left Vancouver to make an exploring trip up the Willamette Valley. In his account of this trip he says in his narrative, (vol. IV, pp. 343-344): "We reached the falls about noon, where we found the missionary station under the charge of the Rev. Mr. Waller.... There was a petty dispute between Mr. Waller and the [Hudson's Bay] Company, and he complained of them. It seems that the Company refuse to buy any beaver-skins, except from the hunters and trappers; and he accuses them of monopoly in consequence. The Company, on the other hand, say that they have no idea of selling goods out of their own stores, for the purpose of enabling others to enter into competition with them; and that they will spare no expense to keep the trade, as long as they can, in their own hands. This is certainly not unfair. I cannot help feeling it is quite unsuited to the life of a missionary, to be entering into trade of any kind. To embark in traffic must, I think, tend to destroy the usefulness of a missionary, or divert his attention from the great cause in which he is engaged. I am very far from attaching any blame on this account to the missionaries, whose avowed object is to teach the arts of civilization, as well as the Word of God, and I have no doubt that they are doing all in their power to promote the latter object; but I am disposed to think, that any complaints against the Hudson Bay Company for endeavouring to keep the trade in their own hands, comes with an ill grace from the members of a Mission who are daily receiving the kindest attentions and hospitality from its officers." In vol. IV, p. 351, he says: "The lands of the Methodist Mission are situated on the banks of the Willamette river, on a rich plain adjacent to fine forests of oak and pine. They are about eight miles beyond the Catholic Mission, consequently eighteen miles from Champooing, in a southern direction.... We had the expectation of getting a sight of the Indians on whom they were inculcating good habits and teaching the word of God; but with the exception of four Indian servants, we saw none since leaving the Catholic Mission. On inquiring, I was informed that they had a school of twenty pupils, some ten miles distant, at the mill; that there were but few adult Indians in the neighborhood; and that their intention and principal hope was to establish a colony, and by their example to induce the white settlers to locate near those over whom they trusted to exercise a moral and religious influence."

In vol. IV, p. 352, he says: "The next day the gentlemen of the Mission proposed a ride to what they term 'the Mill,' distant about nine miles, in a southeast direction.... We reached 'the Mill' by noon, which consists of a small grist and saw mill on the borders of an extensive prairie. They are both under the same roof, and are worked by a horizontal wheel.... From the number of persons about the premises, this little spot had the air and stir of a new secular settlement; and I understood that it is intended to be the permanent location of the Mission, being considered more healthy than the bank of the Willamette. The missionaries, as they told me, have made individual selections of lands to the amount of one thousand acres each, in prospect of the whole country falling under our laws."

On page 355 of the same volume he says: "I am aware that the missionaries come out to this country to colonize, and with the Christian religion as their guide and law, to give the necessary instruction, and hold out inducements to the Indians to quit their wandering habits, settle, and become cultivators of the soil. This object has not been yet attained in any degree, as was admitted by the missionaries themselves; and how it is to be effected without having constantly around them large numbers, and without exertions and strenuous efforts, I am at a loss to conceive. I cannot but believe, that the same labour and money which have been expended here, would have been much more appropriately and usefully spent among the tribes about the Straits of Juan de Fuca, who are numerous, and fit objects for instruction." And on page 356 Commander Wilkes says: "Three years since, O'Neill came to the valley with only a shirt to his back, as he expressed it; he began by working part of this farm, and obtained the loan of cattle and other articles from Dr. M'Loughlin, all of which he has, from the natural increase of his stock and out of his crops, since repaid. He has bought the farm, has two hundred head of stock, horses to ride on, and a good suit of clothes, all earned by his own industry; and he says it is only necessary for him to work one month in the year to make a living; the rest of the time he may amuse himself. He spoke in the highest terms of Dr. M'Loughlin, and the generous aid he had afforded him in the beginning."

The Peacock, one of the vessels of the squadron, was wrecked July 18, 1841, on a spit near Cape Disappointment on the north side of the entrance to the Columbia River, ever since known as Peacock Spit. The vessel was a total loss. Commander Wilkes says that the crew of the Peacock were supplied with clothing through the kindness of Dr. McLoughlin and the officers of the Hudson's Bay Company. Wilkes further says that "every facility has been at all times extended [by Dr. McLoughlin] to newcomers and settlers; it is sufficient that they are of good character, and the use of cattle, horses, farming utensils, and supplies, is invariably extended to facilitate their operations, until such time as they are able to provide for themselves." At the time of the wreck of the Peacock, there was lying at Astoria the American brig Thomas H. Perkins. She was under charter to the Hudson's Bay Company. Dr. McLoughlin readily agreed to surrender the charter party for a small consideration, if the goods he had on board were delivered at Fort Vancouver. This Wilkes agreed to and purchased the brig. He changed her name to the "Oregon." In August, 1841, the Oregon was taken to Fort Vancouver to be repaired and outfitted. In the meantime Wilkes proceeded slowly up the Columbia River in the naval gun-brig Porpoise, of two hundred and thirty tons, making a survey of the river. The Porpoise arrived at Fort Vancouver August 28, and remained there until September 14, 1841. The expedition was treated with kindness and courtesy while at Fort Vancouver.

Fresh beef seems to have been scarce even in 1841. Wilkes in his narrative says that on September 27, 1841, the Porpoise was at Puget's Island, near Cathlamet. Here he was joined by Michel La Framboise, in the employ of the Hudson's Bay Company, "who brought a supply of fresh beef for the crew, which they were much in need of." On leaving the Columbia River, Wilkes addressed a letter from Baker's Bay, dated October 5, 1841, to Dr. McLoughlin and James Douglas as Chief Factors of the Hudson's Bay Company, giving thanks "for the important aid and facilities which you have afforded the Expedition on all occasions, for carrying out the object of our visit to this part of the world;" and saying, "be assured it will prove a very pleasing part of my duty to make a due representation of it to my government." And also saying: "Your personal kindness and friendly attention to myself and officers, from our first arrival, and also to Captain Hudson and his officers after the wreck of the Peacock, have laid me under many obligations which I trust it may be at some future day in our power to return." (Vol. V, p. 147).

DOCUMENT G

_Letter from Henry Brallier to Frederick V. Holman of October 27, 1905._

Since I delivered my address on McLoughlin Day, I have received the following letter. The persons referred to are probably a small party, who came to Oregon prior to 1840. There were several small parties of immigrants to Oregon, who came prior to 1842. Robert Shortess came overland in 1839 and 1840 to Oregon with one of these parties.

"Seaside, Oct. 27, 1905."

"Mr. Frederick V. Holman,
"Portland, Oregon.

"Dear Sir: In the Sunday _Oregonian_ of the 15th of this month
I see an interesting account of Dr. McLoughlin, but one act of
his that showed his human kindness, I have never seen in print.
This a man by the name of Marechell told me. He was an old
Hudson's Bay man who died here in his eighty-sixth year. He
could not recollect the exact year, but it was a year or two
after Wyeth came, the emigrants got lost in the head waters of
Snake River, and would have all perished but the Indians
brought word from one tribe to another about them being there,
until it reached Fort Vancouver. When the Doctor heard it, he
rushed around like one wild and called, 'Where is Marechell!
Where is La Framboise.' He started them with a lot of
provisions in their canoes, with some others to help to the
Cascades, there to pack them over, then get them in their
canoes again, take them to The Dalles, and there they got
ponies to pack them on their journey to the emigrants, a weary
trip. And after some two weeks' trip, they found the emigrants
encamped in a small valley, there still to live a short time
and then starve to death. He said if ever it tried a man's
soul, then it did his. The poor women came running to him, fell
on their knees, hugging them and crying. Men crying and
blessing them and the Doctor for sending them. I often think if
there is an upper seat around the throne of God, that the
Doctor and some of those men that were so kind to others, are
there now.

"This man Marechell came with the Hudson's Bay Company, when he
was 12 years of age, with his father. As near as he could tell
he was about 22 years of age when he took the trip to find the
emigrants.

"I came to the Coast in early '52; to Oregon in '58; to Astoria
in '63, and to Seaside soon after. So I knew Marechell well,
and did see La Framboise a number of times. So what Marechell
told me I believe is true.

"Beg pardon if this intrudes on your time and patience.

"Respectfully,
"HENRY BRALLIER,
"Seaside, Oregon."

DOCUMENT H

_Shortess Petition; excerpts from Gray's "History of Oregon" relating
to Shortess Petition; and excerpt from speech of Samuel R. Thurston in
Congress, December 26, 1850, as to author of Shortess Petition._

"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 Government 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 cannot be depended on.

"The state of the country, its climate, resources, soil, productions, &c., 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 Bay Company, in their opposition to the improvement and enterprise of American citizens. You have been apprized already of their opposition to Captains Wyeth, Bonneville, and others; and we find that the same spirit dwells with them at the present day. Some years ago, when the Hudson 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 cattle for themselves, and there was a fair prospect of the settlement being supplied, then the Hudson Bay Company were willing to sell, and at lower rates than the settler could sell.

"In the year 1841, 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 Willamette, 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 Willamette, and concluded to commence their operations. After commencing, they are informed by Dr. McLoughlin, who is at the head of the Hudson Bay Company's affairs west of the Rocky Mountains, that the island is his, and that he (although a chief factor of the Hudson Bay Company) claims all the lands at the east side of the Willamette, embracing the falls down to the Klakamus 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 Bay Company? Dr. McLoughlin employs hands to get out a frame for a saw mill, and erect it at the Willamette 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 caused a feeble company of American citizens months of toil and embarrassment is accomplished by the chief factor of the Hudson 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 consequences? 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 raised 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 it 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 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 Fort Vancouver, on the north side of the river.

"In the year 1838, 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. McLoughlin 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 shantee 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 Bay Company.

"During the years 1841 and 1842, several families settled at the falls, when Dr. McLoughlin, 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 lay 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. And although some, for peace 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, and which we hope he never will 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. McLoughlin's bond in his pocket for the lots; and if he did not move his 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. McLoughlin had held claims in other places south of the Columbia river--at the Tualatin plains and Klakamus plains he had huts erected, to prevent others from building; and such is the power of Dr. McLoughlin, 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 everything 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 any 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 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, William C. Remick, Jeffrey Brown, E. N. Coombs, Reuben Lewis, George Davis, V. Bennet, J. Rekener, T. J. Hubbard, James A. O'Neil, Jer. Horregon, William McKarty, Charles Compo, John Howard, his + mark, R. Williams, G. Brown, John Turner, Theodore Pancott, A. F. Waller, John Hofstatter, G. W. Bellamy, William Brown, A. Beers, J. L. Parrish, William H. Gray, A. D. Smith, J. C. Bridges, Aaron Cook, A. Copeland, S. W. Moss, Gustavus Hines, George W. LeBreton, 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. Willson, Felix Hathaway, J. Lawson, Thomas J. Shadden, Joseph Gibbs, his + mark, S. Lewis, Jr., Charles Roy, William Brum, S. Davis, Joseph Yatten, Daniel Girtman, C. T. Arrendrill, A. Tonner, David Carter, J. J. Campbell, W. Johnson, John Edmunds, W. Hauxhurst, W. A. Pfeiffer, J. Holman, H. B. Brewer, William C. Sutton.

"Willamette, Oregon Territory, March 25, 1843."

A.

NOTICE

"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 McLOUGHLIN."
"January 18, 1843."

"Oregon City, March 27, 1843."

"We, the undersigned, do hereby certify that the within [above]
notice of John McLoughlin was posted up in the most public
place in this town.

"R. SHORTESS."
"A. E. WILSON."

B.

DEED--JOHN McLOUGHLIN TO WALTER POMEROY

"Know all men by these presents, that I, John McLoughlin, 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 (66) feet to a stake; thence
westerly one hundred (100) feet to a stake; thence northerly
sixtysix (66) feet to a stake; thence easterly one hundred
(100) feet to a stake at the place of beginning--being lot
number four, (4,) in block number three, (3,) 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 McLoughlin, for myself, do avouch 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 by claim, to all and singular my right, title, interest,
and claim, in and to said lot and premises, in manner and form
aforesaid.

"And I, the said McLoughlin, 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 McLoughlin, have hereunto
set my hand and affixed my seal, this the 2d day of March, A.
D. 1843.

"JOHN McLOUGHLIN, (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."

C.

BOND--JOHN McLOUGHLIN TO ALBERT E. WILSON

"Know all men by these presents, that I, John McLoughlin, 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, 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 McLoughlin all and
singular the following pieces, parcels, tracts, and lots of
land, namely: lots No. four (4) and five (5) in block No. two,
(2), in the town of Oregon City, in the Territory of Oregon, as
is more fully shown by the map and plan of the said town; and
hath, and by these presents doth, agree to build upon and
improve each of the said lots within the term of one year from
the date of these presents. In consideration of which, the
said McLoughlin hath and doth by these presents covenant and
agree to make to 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 McLoughlin 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.

"JOHN McLOUGHLIN, (L. S.)"
"Per L. W. HASTINGS, his Agent."

"We, the undersigned, do hereby acknowledge the above to be a
true and correct copy of the original.

"R. SHORTESS."
"A. E. WILSON."[61]

W. H. Gray was one of the signers of the Shortess petition. In his _History of Oregon_, pp. 296, 297, he says, in relation to certain persons who did not sign the Shortess petition:

"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 [Hudson's Bay] 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 [Hudson's Bay] 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 anything 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."

Thurston in his speech in Congress December 26, 1850, said, as to the author of the Shortess petition: "I know the gentleman who wrote the original, whom to know is to respect, to listen to to believe. He is a gentleman of the highest standing in Oregon, of some twelve or fourteen years residence and who would be universally believed on any subject on which he would presume to speak."[62] Thurston certainly did not refer to Shortess. The latter, while a man of ability and some education, was of an ascetic disposition, intense in his dislikes and given to sarcasm. He was not a popular man.

That the Shortess petition was written by George Abernethy is shown in a foot-note on page 207 of volume 1, _History of Oregon_, Bancroft's Works, where it is said that "such is the statement of Shortess made to Elwood Evans by letter in 1867," quoting from a manuscript history of Oregon written by Evans for Bancroft. Subsequently Evans wrote an elaborate history of Oregon and Washington, entitled "History of the Pacific Northwest," which was published in 1889. On page 243 of volume 1 of this history Evans says that September 1, 1867, Shortess wrote an autograph letter to Evans that Shortess originally drew up notes or a summary of the subjects he intended to embrace in the petition. That Shortess requested Abernethy "to write it in proper form, which he did, but refused to sign it or allow it to be circulated in his handwriting, fearing it might injure the mission. I had it copied by A. E. Wilson. It was circulated and, through his assistance, sent to Washington."

Shortess arrived in the Willamette Valley in April, 1840. He afterwards took up a land claim near Upper Astoria. He sold his claim and became a recluse. He died in 1877. Some time after he signed the Shortess petition he appears to have changed his opinions of the Hudson's Bay Company, and especially of the Methodist missionaries. He wrote a document about his trip to Oregon which he gave to Mr. William Chance. The latter gave this document to the Oregon Pioneer Association. It is published in full in the _Transactions_ of the Oregon Pioneer Association for 1896, pp. 92-107. It is a very interesting document. In it he refers to the Methodist missionaries in terms which, at least, are not complimentary.

DOCUMENT I

_Ricord's Proclamation; letters of A. Lawrence Lovejoy and Rev. A. F.
Waller of March 20, 1844; Ricord's Caveat; invalidity of Waller's
claim to Dr. McLoughlin's land; and excerpts from letters of Rev.
Jason Lee to Rev. A. F. Waller and Rev. Gustavus Hines, written in
1844._

The following is a copy of a proclamation dated December 20, 1843, and issued by John Ricord, as attorney for Rev. Alvin F. Waller. The original of this document in the handwriting of Ricord, and signed by him, pasted on cloth, is in the possession of the Oregon Historical Society. Said original was publicly posted at Oregon City by Waller after Ricord left for the Hawaiian Islands. It shows weather stains, but is perfectly legible.

"TO THE PEOPLE OF OREGON.

"Fellow Citizens,

"Having been Retained professionally to establish the Claim of Mr. Alvin F. Waller to the Tract of Land on the East Bank of the Wallammette River, sometimes called the Wallammette Falls Settlement and sometimes Oregon City, I consider it a duty to my Client and the public, to state briefly and concisely the several circumstances of his case, as they really exist, in order that his motives may not be impugned and his intentions misunderstood and misrepresented.

"The public are already aware that my client commenced the Occupancy of his Farm, in the spring of A. D. 1840, when no one resided at the falls; and that, in the course of that Summer, he built his Home, moved his family into it, and cleared and fenced a good portion of the Land, from which, in the ensuing years A. D. 1841 & 1842 he raised successive crops of corn, Potatoes and other vegetables usually cultivated by Farmers. That he remained thus occupying undisturbed, until the month of December A. D. 1842, about two years and six months, when Doctor McLoughlin caused his Farm to be surveyed, for the purpose of selling it in subdivisions to American Citizens. It has since been currently reported and quite generally believed, that my client had renounced his right in favor of Doctor McLoughlin. This I am authorized to contradict, having perused the letter written by Mr. Waller, which not only contains no renunciation, but on the contrary, is replete with modest and firm assertions of his rights in the premises: offering at the same time to relinquish his claim, if the Doctor would comply with certain very reasonable and just conditions. Upon this offer, the parties had come to no final conclusion, until my arrival in the Colony, when Doctor McLoughlin attempted to employ me to establish his claim, disregarding the rights of all other persons--which, I declined doing. Mr. Waller thereupon engaged me to submit the conditions a second time to the Doctor, for his acceptance or rejection; which I did in the following words:

"1st. That your preemptive line be so run as to exclude the Island upon which a private Company of Citizens have already erected a Grist Mill--conceding to them so much water as may be necessary for the use of said Mill.

"2d. That Mr. Waller be secured in the ultimate Title to the two city Lots now in his possession and other lots not exceeding in superficial area five Acres, to be chosen by him from among the unsold lots of your present Survey.

"3d. That the Rev. Mr. Lee on behalf of the Methodist Episcopal Mission, be in like manner secured in the lots claimed for the use of said Mission. They consist of Church and Parsonage lots and are well known to the public.

"I received a letter from Dr. McLoughlin dated 10th Novr. 1843, in answer to mine, in which he declines complying with the above Conditions, and thus puts an end to the offer of my Client to relinquish his right of Preemption. Under these circumstances Mr. Waller has now applied to the Supreme Court of the United States, which, under the Constitution has original jurisdiction of 'all cases in Law & Equity, arising under Treaties,' to grant him a Commission for perpetuating the testimony of the facts in his case, _de bene esse_, in order that, whenever Congress shall hereafter see fit to prescribe by law the conditions and Considerations, he may be enabled to demand of the United States, a Patent; also praying the Court to grant him such other relief in the premises as may be consonant with Equity and good conscience.

"The Legality of Mr. Waller's claim rests upon the following Grounds:--

"1st. He was a citizen of the United States of full age and possessed of a family when he first came to reside on the premises. 2d. He built a House upon them and moved his family into it; thus becoming in Fact and in Law a Householder on the land. 3d. He cleared, fenced and cultivated a portion of it during two years and six months, before he was disturbed in his actual possession. And 4th. That he is not at this moment continuing the cultivation of his Farm, is not his fault since it was wrested from him.

"The Illegality of Doctor McLoughlin's Claim rests upon the following Grounds:--

"1st. He is a British Subject, owing allegiance to a Foreign Power, and has so continued to be ever since the Spring of A. D. 1840. For this reason alone he could not acquire preemption to lands in the United States.

"2d. He is the Chief Officer of a Foreign Corporate Monopoly. For this reason alone he could not acquire preemption to lands in the United States.

"3d. He does not now and never did reside on the land in question, but on the contrary, he resides and has always continued to reside on the North side of the Columbia River, the Section of country actually in dispute between the two Governments, about Twenty miles from the land claimed by Mr. Waller, and there he is obliged to remain, so long as he continues to be Chief Factor.

"4th. He is not in fact the Claimant. The Hudson's Bay Company, a Foreign Corporation, is in fact the Claimant while Doctor McLoughlin only lends his name; well knowing, that a Corporation even though it be an American one, can not acquire a preemption. This is evinced by the employment of men to be his Agents and to sell lots for him, who are at the same time partners in and receiving dividends and Salaries from the Company.

"5th. The pretentions of Doctor McLoughlin arose, if at all, two years and six months after the actual Settlement of Mr. Waller; and therefore they are in direct violation of the Treaty of A. D. 1827: Converting the mutual and joint occupancy into an exclusive occupancy by British subjects.

"6th. The Treaty of joint occupancy [1827] does not and was never intended on the part of the United States, to confer any rights of citizenship upon Foreigners. The Power to confer such rights is by the Constitution reserved to Congress. And the right to acquire title by preemption is peculiar to citizens.

"Those fellow citizens are the Facts and some of the Points of Law in my client's case. Upon the same principle contended for by Dr. McLoughlin, any of you may incur the risk of being ousted from your Farms in this Colony, by the next rich foreigner who chooses to take a fancy so to do, unless in the first instance, you come unanimously forward and resist these usurpations. It is not my client's intention to wrong any who have purchased Lots of the Doctor, and to guard against the injury which might result to individuals in this respect, I have carefully drawn up the Form of a Bond for a Warantee Deed, which Mr. Waller is at all times ready, without any further consideration, to execute to any person who has, in good faith, bought of the Doctor, prior to the date of this notice, by being applied to at his residence. Mr. Waller does not require one cent of money to be paid to him as a Consideration for his Bonds--the trouble, expense and outlays they have already incurred, with the desire to save all such persons harmless from pecuniary loss, is a good and sufficient Consideration in Law to bind him in the proposed penalty of One Thousand Dollars. See Comyns. Digest, Assumpsit B.

"I am of opinion that Mr. Waller has rights in the premises, which neither Doctor McLoughlin nor even Congress by any retrospective legislation can take away from him;--and therefore, fellow citizens, in sincere friendship, I would counsel you to lose no time in applying to him for your new Bonds.

"JOHN RICORD,"
"Counsellor in the Supreme Court of
the United States and Attorney
for Alvin F. Waller."
"Dated 20th December, 1843."

The following two letters from A. L. Lovejoy to A. F. Waller and from Waller to Lovejoy, each dated March 20, 1844, are in reference to the foregoing proclamation by Ricord as attorney for Waller. These letters are in the handwriting of Lovejoy and Waller, respectively. The letter of Waller is shown by the line below Waller's signature to be a copy which he made and kept to show what he had written. These letters are in the possession of the Oregon Historical Society. They were among Waller's private papers at the time of his death.

"Wallamette Falls 20 Mar. 1844."

"To the
"Revd. A. F. Waller--

"I have been directed by Dr. McLoughlin to make some enquiries
of you in relation to a letter which appears to have been
written by yourself to him relative to his claim. Dr.
McLoughlin observes in your notice to the People of Oregon
words like the following:

"'It has since been currently reported and quite generally
believed that my client had renounced his right in favor of Dr.
McLoughlin. This I am authorized to contradict having perused
the letter written by Mr. Waller which not only contains no
renunciation but on the contrary is replete with modest and
firm assertions of his rights in the premises.'

"Please have the kindness to say whether you wrote such a
letter as there referred to and if so. As Dr. McLoughlin has
never received anything of the kind allow him through me to
solicit a copy thereof and much oblige.

"I am Revd. Sir,
"Your humble and obt. servant,
"A. LAWRENCE LOVEJOY."

"Willamette Falls, 20 Mar. 1844."

"Mr. Lovejoy.

"Dear Sir:

"The letter referred to in the Notice was one written to Rev.
J. Lee in answer to one he wrote me. I think I have never
written a line to Dr. McLoughlin on any subject. Mr. Lee I
presume has the letter with him.

"I am yours truly,
"A. F. WALLER."
"Copy of a reply to the within."

The following copy and statement of John Ricord's caveat or notice as attorney for Rev. Alvin F. Waller to Dr. McLoughlin is taken from Mrs. Frances Fuller Victor's volume, _The River of the West_, page 358: "'You will please to take notice that my client, Mr. A. F. Waller, has taken formal measures at Washington to substantiate his claim as a preemptor and actual settler upon the tract of land, sometimes called the Wallamet Falls settlement and sometimes Oregon City, comprising six hundred and forty acres; and being aware that, although a foreigner, you claim to exercise acts of ownership over said land, this notice is given to apprise you that all sales you may make of lots or other subdivisions of said farm, after the receipt hereof, will be regarded by my client, and by the government, as absolutely fraudulent, and will be made at your peril.'"