Chapter IX: Part 9

I am happy to recommend to future emigrants your directions and advice as to the best mode of traveling; number of wagons desirable to travel together; quantity of provisions required for each person; best route; distance to be traveled each day. You will also be able to give the prices for which the Hudson Bay company sells flour, at Forts Hall {177} and Bois, and for which it is brought from the Willamette to the Dalles and sold.

You are acquainted with the fact that the Mission station at this place, and at Waiilatpu, have been in the habit of furnishing provisions to immigrants. We are willing to do so as long as there are no other sources of supplies in this vicinity, and therefore seems a duty. But our object in the country is to civilize and Christianize the Indian tribes among whom we are located. We are stewards of the property of others. We receive no salaries, but simply our living and clothing. We therefore feel it to be our duty to endeavour to make the receipts for provisions sold, net their expenses. For this end, Mr. Gilbert, a gentleman from New York, has taken charge of the secular affairs of this station, and will furnish provisions to immigrants on the most reasonable terms. He will give you their probable prices, and the names of such things as will be taken in exchange. You have seen the quantity and quality of flour and beef at this place, as also at Waiilatpu.

Yours very sincerely,

H. H. SPALDING.

P. S. During last season, commencing 22d of January, I collected and preserved over two thousand different species of flowers, plants and grasses,[228] many of which I think are rare, but I am no botanist.

ORGANIC LAWS OF OREGON (WITH AMENDMENTS)

_The Legislative Committee recommend that the following Laws be adopted._

PREAMBLE

WE, the people of Oregon Territory, for purposes of mutual
protection, and to secure peace and prosperity among ourselves,
agree to adopt the following laws and regulations, until such time
as the United States of America extend their jurisdiction over us.

Be it enacted, therefore, by the free citizens of Oregon Territory, that the said territory, for purposes of temporary government, be divided into not less than three nor more than five districts, subject to be extended to a greater number when an increase of population shall require.

For the purpose of fixing the principles of civil and religious liberty, as the basis of all laws and constitutions of government that may hereafter be adopted--

_Be it enacted_, That the following articles be considered articles of compact among the free citizens of this territory:

ARTICLE I

§ 1. No person demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments.

{180} § 2. The inhabitants of said territory shall always be entitled to the benefits of the writ of habeas corpus and trial by jury, of a proportionate representation of the people in the legislature, and of judicial proceedings, according to the course of common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident or the presumption great. All fines shall be moderate, and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary for the common preservation to take any person's property, or to demand his particular services, full compensation shall be made for the same; and in the just preservation of rights and property, it is understood and declared that no law ought ever to be made, or have force in said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, "bona fide" and without fraud previously formed.

§ 3. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights or liberty they shall never be invaded or disturbed, unless in just and lawful wars, authorised by the representatives of the people; but laws founded in justice and humanity shall, from time to time, be made for preventing injustice being done to them, and for preserving peace and friendship with them.

§ 4. There shall be no slavery nor involuntary servitude in said territory otherwise than for the punishment of crimes, whereof the party shall have been duly convicted.

§ 5. No person shall be deprived of the right of bearing arms in his own defence; no unreasonable searches or seizures shall be granted; the freedom of the press shall not be restrained; {181} no person shall be twice tried for the same offence; nor the people deprived of the right of peaceably assembling and discussing any matter they may think proper; nor shall the right of petition ever be denied.

§ 6. The powers of the government shall be divided into three distinct departments--the legislative, executive, and judicial; and no person, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in cases herein directed or permitted.

ARTICLE II

§ 1. The legislative power shall be vested in a House of Representatives, which shall consist of not less than thirteen nor more than sixty-one members, whose numbers shall not be increased more than five at any one session, to be elected by the qualified electors at the annual election, giving to each district a representation in proportion to its population, (excluding Indians,) and the said members shall reside in the district for which they shall be chosen; and in case of vacancy by death, resignation or otherwise, the executive shall issue his writ to the district where such vacancy has occurred, and cause a new election to be held, giving sufficient notice at least ten days previously, of the time and place of holding said election.

§ 2. The House of Representatives, when assembled, shall choose a speaker and its other officers, be judges of the qualifications and election of its members, and sit upon its own adjournment from day to day. Two-thirds of the House shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may be authorised by law to compel the attendance of absent members.

§ 3. The House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but not a second time for the same offence; and shall have all powers necessary for {182} a legislature of a temporary government, not in contravention with the restrictions imposed in this Organic Law.

§ 4. The House of Representatives shall, from time to time, fix the salaries of the different officers appointed or elected under this compact, provided the pay of no officer shall be altered during the term of his service; nor shall the pay of the House be increased by any law taking effect during the session at which such alteration is made.

§ 5. The House of Representatives shall have the sole power of impeaching; three-fourths of all the members must concur in an impeachment. The governor and all civil officers under these articles of compact, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit under this compact; but the party convicted may be dealt with according to law.

§ 6. The House of Representatives shall have power to lay out the territory into suitable districts, and apportion the representation in their own body. They shall have power to pass laws for raising a revenue either by the levying and collecting of taxes, or the imposing license on merchandize, ferries, or other objects--to open roads and canals, either by the levying a road tax, or the chartering of companies; to regulate the intercourse of the people with the Indian tribes; to establish post offices and post roads; to declare war, suppress insurrection or repel invasion; to provide for the organizing, arming, and disciplining the militia, and for calling forth the militia to execute the laws of Oregon; to pass laws to regulate the introduction, manufacture, or sale of ardent spirits; to regulate the currency and internal police of the country; to create inferior offices necessary and not provided for by these articles of compact; and generally to pass such laws to promote the general welfare of the people of Oregon, not contrary to the spirit of this instrument; and all powers not hereby expressly delegated, {183} remain with the people. The House of Representatives shall convene annually on the first Tuesday in December, at such place as may be provided by law, and shall, upon their first meeting after the adoption of this instrument of compact, proceed to elect and define the duties of a secretary, recorder, treasurer, auditor, marshal, or other officers necessary to carry into effect the provisions of this compact.

§ 7. The executive power shall be vested in one person, elected by the qualified voters at the annual election, who shall have power to fill vacancies; to remit fines and forfeitures; to grant pardons and reprieves for offences against the laws of the territory; to call out the military force of the country to repel invasion or suppress insurrection; to take care that the laws are faithfully executed, and to recommend such laws as he may consider necessary to the representatives of the people for their action. Every bill which shall have been passed by the House of Representatives, shall, before it becomes a law, be presented to the governor for his approbation. If he approve, he shall sign it; if not, he shall return it, with his objections, to the House, and the House shall cause the objections to be entered at large on its journals, and shall proceed to reconsider the bill; if, after such reconsideration, a majority of two-thirds of the House shall agree to pass the same, it shall become a law. In such cases the vote shall be taken by ayes and noes, and be entered upon the journal. If any bill shall not be returned by the governor to the House of Representatives within three days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if the governor had signed it, unless the House of Representatives, by its adjournment, shall prevent its return; in which case it shall not become a law. The governor shall continue in office two years, and until his successor is duly elected and qualified; and in case of the office becoming vacant by death, resignation, or otherwise, the secretary shall exercise the duties of the office until the vacancy shall be filled by {184} election. The governor shall receive the sum of dollars per annum, as full compensation for his services, which sum may be increased or diminished at any time by law, provided the salary of no governor shall be altered during his term of service. The governor shall have power to convene the legislature on extraordinary occasions.

§ 8. The judicial power shall be vested in a supreme court, and such inferior courts of law, equity, and arbitration, as may, by law from time to time be established. The supreme court shall consist of one judge, who shall be elected by the House of Representatives, and hold his office for four years, and until his successor is duly elected and qualified. The supreme court, except in cases otherwise directed by this compact, shall have appellate jurisdiction only, which shall be co-extensive with this territory, and shall hold two sessions annually, beginning on the first Mondays in June and September, and at such places as by law may be directed. The supreme court shall have a general superintending control over all inferior courts of law. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedial writs, and hear and determine the same. The supreme court shall have power to decide upon and annul any laws contrary to the provisions of these articles of compact, and whenever called upon by the House of Representatives, the supreme judge shall give his opinion touching the validity of any pending measure. The House of Representatives may, hereafter, provide by law for the supreme court having original jurisdiction in criminal cases.

§ 9. All officers under this compact, shall take an oath, as follows, to wit: I do solemnly swear, that I will support the Organic Laws of the provisional Government of Oregon, so far as said Organic Laws are consistent with my duties as a citizen of the United States, or a subject of Great Britain,[229] and faithfully demean myself in office. So help me God.

§ 10. Every free male descendant of a white man, inhabitant {185} of this territory, of the age of twenty-one years and upwards, who shall have been an inhabitant of this territory at the time of its organization, shall be entitled to vote at the election of officers, civil and military, and be eligible to any office in the territory, provided, that all persons of the description entitled to vote by the provisions of this section, who shall emigrate to this territory after its organization, shall be entitled to the rights of citizens after having resided six months in the territory.

§ 11. The election for all civil officers, provided for by this compact, shall be held the first Monday in June annually.

ARTICLE III--LAND LAW

§ 1. Any person now holding, or hereafter wishing to establish a claim to land in this territory, shall designate the extent of his claim by natural boundaries, or by marks at the corners and upon the lines of such claim, and have the extent and boundaries of said claim recorded in the office of the territorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim: provided, that those who shall be already in possession of land, shall be allowed twelve months from the passage of this act to file a description of his claim in the recorder's office: and provided further, that the said claimant shall state in his record, the size, shape, and locality of such claim, and give the names of the adjoining claimants; and the recorder may require the applicant for such record to be made to answer, on his oath, touching the facts.

§ 2. All claimants shall, within six months from the time of recording their claims, make permanent improvements upon the same, by building or enclosing, and also become an occupant upon said claim within one year from the date of such record, or in case not occupied, the person holding said claim shall pay into the treasury the sum of five dollars annually, and in case of failure to occupy, or on failure of payment of {186} the sum above stated, the claim shall be considered as abandoned: provided, that no non-resident of this territory shall have the benefit of this law: and, provided further, that any resident of this territory, absent on private business for two years, may hold his claim by paying five dollars annually to the treasury.

§ 3. No individual shall be allowed to hold a claim of more than one square mile, or six hundred and forty acres, in a square or oblong form, according to the natural situation of the premises. Nor shall any individual be allowed to hold more than one claim at the same time. Any person complying with the provisions of these ordinances, shall be entitled to the same recourse against trespass as in other cases by law provided.

§ 4. Partnerships of two or more persons shall be allowed to take up a tract of land not exceeding six hundred and forty acres to each person in said partnership, subject to all the provisions of the law; and whenever such partnership is dissolved, the members shall each record the particular parts of said tract as may be allotted to him: provided that no member of said partnership shall hold a separate claim at the time of the existence of said partnership.

§ 5. The boundary lines of all claims shall hereafter conform, as near as may be, to the cardinal points.

§ 6. The officers elected at the general election, held on the first Tuesday in June, 1845, shall be the officers to act under this organic law, and their official acts, so far as they are in accordance with this compact, are hereby declared valid and legal.

§ 7. Amendments to this instrument may be proposed by the House of Representatives, two-thirds of the members concurring therein; which amendments shall be made public in all parts of Oregon, and be read at the polls at the next succeeding general election, and a concurrence of two-thirds of all {187} the members elected at said election, may pass said amendments, and they shall become a part of this compact.

* * * * *

CERTIFICATE

I, John E. Long,[230] secretary of Oregon territory, do hereby certify, that the foregoing is a true and correct copy of the original law, as passed by the representatives of the people of Oregon, on the fifth day of July, A. D. 1845, and submitted to the people on the twenty-sixth day of the same month, and by them adopted and now on file in my office.

J. E. LONG, _Secretary_.

N. B. At the December Session, 1845, of the House of Representatives, two-thirds of the members concurring therein, the following amendments to the Organic Law were proposed, to wit: Strike out in the 4th section of said law, the words "or more." Also, to amend the land law so as to "permit claimants to hold six hundred acres in the prairie, and forty acres in the timber, though said tracts do not join."

ARDENT SPIRITS

AN ACT to prevent the introduction, sale, and distillation of ardent spirits in Oregon.

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

§ 2. That if any person shall hereafter sell, barter, give, or trade any ardent spirits of any kind whatever, directly or indirectly, to any person within Oregon, he shall forfeit and pay {188} the sum of twenty dollars for each and every such sale, trade, barter, or gift, to be recovered by indictment in the county court, or before a justice of the peace, without the form of pleading.

§ 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 county 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.

§ 4. Whenever it shall come to the knowledge of any officer of this government, or any private citizen, that any kind of spirituous liquors are being distilled or manufactured in Oregon, they are hereby authorised and required to proceed to the place where such illicit manufacture is known to exist, and seize the distilling apparatus, and deliver the same to the nearest district judge or justice of the peace, whose duty it shall be immediately to issue his warrant, and cause the house and premises of the person against whom such warrant shall be issued to be further searched; and in case any kind of spirituous liquors are found in or about said premises, or any implements or apparatus that have the appearance of having been used or constructed for the purpose of manufacturing any kind of spirituous liquors, the officer who shall have been duly authorised to execute said warrant, shall seize all such apparatus, implements, and spirituous liquors, and deliver the same to the judge or justice of the peace who issued the said warrant; said officer shall also arrest the person or persons in or about whose premises such apparatus, implements, or spirituous liquors are found, and conduct him or them to said judge or justice of the peace, whose duty it shall be to proceed against such criminal or criminals, and dispose of the articles seized, according to law.

§ 5. All fines and penalties imposed under this act, shall go, {189} one-half to the informant and witnesses, and the other half to the officers engaged in arresting and trying the criminal or criminals; and it shall be the duty of all officers into whose hands such fines and penalties may come, to pay over as directed in this section.

§ 6. This act shall not be so construed as to prevent any practising physician from selling such liquors for medicine, not to exceed half a pint at one time.

§ 7. That it shall be the duty of the secretary to publish this act in the first newspaper printed in Oregon.

* * * * *

CERTIFICATE

I, John E. Long, Secretary of Oregon, do hereby certify, that the foregoing act on ardent spirits, is truly and correctly revised by me.

J. E. LONG, _Secretary_.

FOOTNOTES:

[1] Oregon Territory, which under the treaty of 1818 was held in joint occupation by the United States and Great Britain, had been brought into prominence by the presidential campaign of 1844, and the belligerent message of President Polk at his inauguration in March, 1845. Emigration thither for the year 1845 exceeded that of any previous season and consisted of nearly three thousand persons, largely from Missouri and the frontier states of the Old Northwest.--ED.

[2] Blue River, in central Indiana, flowing through Rush and Shelby counties, is part of the White River system.--ED.

[3] For a note on the founding of Indianapolis see our volume ix, p. 190, note 100.--ED.

[4] Mount Meridian is a small village in Jefferson township, Putnam County, Indiana. It was laid out in 1833 and at first named Carthage.--ED.

[5] For St. Charles see our volume v, p. 39, note 9.--ED.

[6] By the term "Lute creek," Palmer intends Loutre River, rising in northeast Callaway County, and flowing south and southwest through Montgomery County into the Missouri, at Loutre Island. See our volume v, p. 47, note 19.--ED.

[7] Williamsburgh, a village in the township of Nine Mile Prairie, Callaway County, was laid out in 1836. For Fulton see our volume xxi, p. 131, note 7.--ED.

[8] Columbia and Rocheport are noted in our volume xxi, p. 133, note 8; Boonville, _ibid._, p. 89, note 59. Palmer probably crossed the Missouri at Boonville. Townsend went by a similar route from St. Louis to Boonville. See his _Narrative_ in our volume xxi, pp. 125-134.--ED.

[9] Marshall was in 1839 set off as the county seat of Saline, and in 1900 had a population of 5086. It was named in honor of the chief justice of the United States, who died shortly before the incorporation of the town.--ED.

[10] For Independence see our volume xix, p. 189, note 34. Gregg gives a much fuller description of this town as an outfitting place, than does our present author; _ibid._, pp. 188-192.--ED.

[11] On the bounds of this territory, see our volume xxi, p. 50, note 31.--ED.

[12] Walkarusa Creek rises in several branches in Wabaunsee County, and flows east through Shawnee and Douglas into Kansas River. The crossing of the Oregon Trail was almost directly south of Lawrence. The trail thence followed the divide between the creek and river to about the present site of Topeka. During the Free Soil troubles in Kansas, a bloodless campaign (1855) along this creek toward Lawrence was known as the "Walkarusa War."

Kansas River is noted in our volume xiv, p. 174, note 140.--ED.

[13] For the Kansa Indians see our volume v, p. 67, note 37; also our volume xxviii, p. 140, note 84. Wyeth notes their village in his _Oregon_, our volume xxi, pp. 48, 49.--ED.

[14] For this stream see De Smet's _Letters_ in our volume xxvii, p. 197, note 74.--ED.

[15] This was probably a local publication of the journal or notes of William Gilpin, who went to Oregon with Frémont's party in 1843. Gilpin was a Pennsylvanian, appointed cadet at West Point in 1834. Two years later he became lieutenant in the 2nd dragoons, and saw frontier service, resigning from the army in 1838. He accompanied Frémont as far as the Dalles of the Columbia, and passed the winter of 1843-44 in the Willamette valley, returning overland to the states in 1844. As an intelligent observer his reports on the Oregon country were much sought (see _Niles' Register_, lxvii, p. 161). Gilpin afterwards served in the Mexican War, and earnestly urged the building of a Pacific railway. In 1861 he was appointed first territorial governor of Colorado, in recognition of "his services as an explorer of the Great West," and lived until 1894.--ED.

[16] Stephen Hall Meek was a brother of Colonel Joseph Meek so well known as an Oregon pioneer (see our volume xxviii, p. 290, note 171). Stephen began his career as a trapper under Captain Bonneville in 1832, and accompanied Joseph Walker to California in 1833-34. He was in the Willamette valley in 1841, where he purchased of Dr. John McLoughlin the first lot sold on the site of Oregon City. In 1842 he guided the emigrant caravan from Fort Laramie. His unfortunate experience in attempting a "cut off" with a party of emigrants in 1845 (related _post_ by Palmer), discredited his abilities as a guide. At the time of the gold excitement (1848-49) he returned to California, where he made his later home in Siskiyou County.--ED.

[17] Little is known of Dr. Presley Welch save as related by Palmer--that he was from Indiana, was chosen captain of the caravan, and was without authority after the formation of the independent companies. H. H. Bancroft (_History of Oregon_, i, p. 612) notes that he was candidate for governor in 1846. George H. Himes, assistant secretary of the Oregon Historical Society, writes to the Editor: "In all my efforts to make a roll of Pioneers by years, I have not so far been able to find anything about Dr. Welch; hence I conclude he either left the country at an early date or died soon after his arrival here."--ED.

[18] For this stream see our volume xxi, p. 149, note 20. Townsend also describes the same Kansa village, _ibid._, pp. 148, 149.--ED.

[19] The Big Vermillion is now known as the Black Vermillion, an eastern tributary of the Big Blue, in Marshall County, Kansas. The usual crossing was near the site of the present town of Bigelow. Bee Creek is a small stream in Marshall County. The Big Blue is noted in our volume xiv, p. 185, note 154; also in our volume xxi, p. 142, note 15.--ED.

[20] For a biographical note on Colonel Stephen W. Kearny see our volume xvii, p. 12, note 4. In the summer of 1845 the general of the army ordered Kearny to take five companies of dragoons and proceed from Fort Leavenworth via the Oregon Trail to South Pass, returning by way of the Arkansas and the Santa Fé Trail. The object was both to impress the Indians, and to report upon the feasibility of an advanced military post near Fort Laramie. Leaving their encampment May 18, they were upon the Little Blue by the twenty-sixth of the month. See report in _Senate Docs._, 29 Cong., 1 sess., 1, pp. 210-213. This was the first regular military campaign into the land of the Great West, and strongly impressed the Indians of that region. Kearny's recommendations were against the establishment of a post because of the difficulty of supplying it--advising instead, a biennial or triennial campaign similar to his own.--ED.

[21] By the "Republican Fork of Blue River" Palmer intends the stream known usually as the Little Blue. Republican River, farther west, is an important branch of Kansas River, and for a portion of its course nearly parallels the Little Blue. The Oregon Trail, however, followed the latter stream, and the distances given by Palmer preclude the possibility of a detour via the Republican River. The name of this stream, as well as that applied by Palmer to the Little Blue, is derived from the tribe of Republican Pawnee, for which see our volume xiv, p. 233, note 179.--ED.

[22] There were two routes across from the head of Little Blue River to the Platte. The first left the trail near the site of Leroy, Nebraska, and came in to the Platte about twenty miles below Grand Island; the second continued farther west, about ten miles, then crossed northwest to the Platte near the site of Fort Kearney. See military map of Nebraska and Dakota, prepared in 1855-57 by Lieutenant G. K. Warren of the topographical engineer corps. For the Platte River see our volume xiv, p. 219, note 170.--ED.

[23] For this tribe, see our volume vi, p. 61, note 17; also our volume xv, pp. 143-165; and xxviii, p. 149, note 94.--ED.

[24] Thomas Fulton Stephens joined the Oregon caravan from Illinois. The year after his arrival in Oregon he took up donation land near the site of Portland and erected thereon a saw-mill. His death occurred in 1884.--ED.

[25] John Foster was born in Ohio in 1822, removed to Missouri in early life, and in 1897 was still residing in Oregon.--ED.

[26] Orville Risley was born in New York state about 1807. In early life he removed to Ohio, where he joined the Oregon emigrants of 1845. Upon reaching the Willamette valley he took up land in Clackamas County, and later was a merchant at Lafayette. In his last years he resided principally at Portland, where he was known as Judge Risley, from having once held the office of justice of the peace. His death occurred at his Clackamas farm in 1884.--ED.

[27] For the fords of the South Platte see our volume xxi, p. 173, note 27.--ED.

[28] Ash Hollow, called by Frémont Coulée des Frênes, was a well known landmark, where the Oregon Trail crossed the North Platte. It is now known as Ash Creek, in Deuel County, Nebraska.--ED.

[29] Spring Creek was probably the one now known as Rush, formed by springs issuing in Cheyenne County, Nebraska. The second creek was that now entitled Pumpkinseed. In the days of trail-travelling it was called Gonneville, from a trapper who had been killed thereon. The Solitary Tower is on its bank--a huge mass of indurated clay, more frequently known as the Court House or the Castle.--ED.

[30] For a note on Chimney Rock consult De Smet's _Letters_ in our volume xxvii, p. 219, note 89. See also engraving in Frémont's "Exploring Tour," _Senate Docs._, 28 Cong., 2 sess., 174, p. 38.--ED.

[31] This story is told with variations by many writers, notably Washington Irving in his _Rocky Mountains_ (Philadelphia, 1837), i, pp. 45, 46. The event appears to have occurred about 1830. The range of bluffs, about nine hundred yards in length, still retains the name. It is situated on the western borders of Nebraska, in a county of the same name.--ED.

[32] The usual habitat of the Dakota or Sioux was along the Missouri River or eastward. The Teton Sioux were in the habit of wandering westward for summer hunts, and this was probably a band of the Oglala or Brulé Teton, who frequently were encountered in this region. For the Teton subdivisions see our volume xxii, p. 326, note 287.--ED.

[33] The succession of trading posts on the Laramie branch of Platte River is somewhat confusing, due to differences in nomenclature. Consult our volume xxi, p. 181, note 30. The fort here described appears to be the new Fort Laramie (which must thus have been built in 1845, not 1846). Alexander Culbertson, who was at one time in command for the American Fur Company, says that this post cost $10,000, and was the best built stronghold in the company's possession. Fort John was the old American Fur Company's post. How a rival company had secured it, seems a mystery; possibly Palmer has confused it with Fort Platte, which Frémont notes in 1842 at the mouth of the Laramie, belonging to Sybille, Adams, and Company. See his "Exploring Tour" (cited in note 30, _ante_), p. 35.--ED.

[34] Since the above was written, the North American Fur Company has purchased Fort John, and demolished it.--PALMER.

[35] The trail lay back from the river, for some distance above Fort Laramie. Big Spring was frequently known as Warm Spring, and the coulée, in Laramie County, Wyoming, still retains the name of Warm Spring Cañon.--ED.

[36] On the general use of the term Black Hills see our volume xxiii, p. 244, note 204. The stream called Fourche Amère (bitter fork) by Frémont is now known simply as Cottonwood Creek.--ED.

[37] Retaining the same name, Horseshoe Creek is a considerable wooded stream in western Laramie County, Wyoming.--ED.

[38] This is now known as Lower Platte Cañon, and is traversed by the Wyoming branch of the Colorado and Southern Railway.--ED.

[39] Big Timber Creek was called La Fourche Boisée by Frémont; more frequently it was known by the name it still retains--La Bonté Creek, in Converse County, Wyoming. The cut-off recommended by Palmer would be by way of Elkhorn Creek and an affluent of La Bonté.--ED.

[40] Deer Creek is the largest southern affluent of the Platte, between the Laramie and the Sweetwater. It is well-timbered, and its mouth was a familiar camping place on the Oregon Trail. It is in the western part of Converse County, Wyoming, about 770 miles from the starting point at Independence.--ED.

[41] The best ford in this stretch of the river; it averaged only about three feet in depth at the ordinary stage of water, and its width varied from eight hundred to fifteen hundred feet. It was a little above the present town of Casper, Wyoming.--ED.

[42] The Mineral Spring was usually called Red Spring, near Poison Spider Creek, and shows traces of petroleum. For a description of Red Buttes see our volume xxi, p. 183.--ED.

[43] For Independence Rock and Sweetwater River see our volume xxi, p. 53, notes 33, 34.--ED.

[44] For this gap, or cañon, see De Smet's _Letters_ in our volume xxvii, p. 241, note 113.--ED.

[45] The Wind River Mountains are noted in our volume xxi, p. 184, note 35. The trail along the Sweetwater is for the most part over a rough, undulating prairie, but at times the hills force the road close to the river valley. At one place, about thirty-six miles above the river's mouth, the route grows rugged and crosses the river three times. This was usually known as the Three Crossings, and is probably the stretch that Palmer calls the Narrows.--ED.

[46] Joseph R. Walker was born (1798) in Tennessee. In early life he migrated to the Missouri frontier, and for many years was a trapper and trader in the direction of Santa Fé. Once he was captured by the Mexicans, and afterwards participated in a battle between them and the Pawnee Indians. In 1832 Captain Bonneville secured Walker as a member of his trading party, and the following year sent him on an expedition that explored a route from Salt Lake to California, through Walker's Pass, which took its name from this explorer. On this journey he claimed first of any American to have seen the Yosemite. His knowledge of the West brought his services in demand as a guide or pilot. In 1843 he led out a small party of emigrants. From Bridger's Fort, whither he was going when met by Palmer, he joined Frémont's third exploring expedition, and was sent forward with a portion of the party by his former route of 1833. The junction with his chief's party was made after the latter's visit to Monterey. Walker, however, did not remain to take part in the events that led to the American conquest of California, but started back to the states with a drove of California horses for sale, and was again at Fort Bridger in July, 1846. For twenty years longer he continued his vagrant life in the mountains, finally settling (1866-67) in Contra Costa County, California, where he died in 1876.--ED.

[47] For South Pass and Green River see our volume xxi, pp. 58-60, notes 37, 38.

The springs were known as Pacific Springs, running into a creek of that name, affluent of the Big Sandy in Frémont County, Wyoming.--ED.

[48] The dry branch is known as Dry Sandy Creek. For the Little Sandy see our volume xxi, p. 187, note 36.--ED.

[49] This was known as Sublette's Cut-off; see De Smet's _Letters_ in our volume xxvii, p. 242, note 115.--ED.

[50] At this point, Green River bears considerably east of south, the trail therefore turns southwest, striking Black Fork of Green, not far from the present Granger, Wyoming, at the junction of the Union Pacific and Oregon Short Line railways. Black Fork rises in the extreme southeastern corner of Wyoming, flows northeast, thence east and southeast, entering the Green in Sweetwater County. It is a shallow, somewhat sluggish stream, passing through an alkaline country.--ED.

[51] The site of Fort Bridger was chosen by its founder as the best station for trade with emigrants following the Oregon Trail. Its building (1843) marked an epoch in Western emigration, showing the importance of trade with the increasing number of travellers. The place was an oasis in the desert-like neighborhood, the stream of Black Fork coming from the Unita Mountains, and in this wooded valley dividing into several branches. In 1854 Bridger sold his post to a Mormon named Lewis Robinson, who maintained it until 1858, when United States troops wintering during the Mormon campaign built at this site a government post, also known as Fort Bridger, which was garrisoned about twenty years longer. For Bridger, the founder, see De Smet's _Letters_, in our volume xxvii, p. 299, note 156. His partner was Louis Vasques (not Bascus), a Mexican who for many years had been a mountain man. For some time he was in partnership with Sublette in a trading post on the South Platte. About 1840 he entered into partnership with Bridger, and is remembered to have lived with some luxury, riding about the country near Fort Bridger in a coach and four. See Wyoming Historical Society _Collections_, i, p. 68.--ED.

[52] For the Snake (Shoshoni) Indians, see our volume v, p. 227, note 123. The Paiute are referred to in our volume xviii, p. 140, note 70; also in De Smet's _Letters_, in our volume xxvii, pp. 165, 167, notes 35, 38.--ED.

[53] By the Little Muddy, Palmer refers to the stream now known as the Muddy, a branch of Black Fork, which would be reached in about eight miles from Fort Bridger, by travelling northwest. Palmer's "Big Muddy" is the stream usually known as Ham's Fork, for which see our volume xxi, p. 197, note 43.--ED.

[54] The divide between the waters of Green and Bear River may be crossed at several points. Its altitude is about eight thousand feet, and all travellers speak of the wide view. The mountains to the west are those of the Bear River range, running between the arms of the river, for which see our volume xxi, p. 199, note 44.--ED.

[55] The upper road from Green River, usually known as Sublette's road, comes across by way of Crow Creek, a branch of Ham's Fork, and Sublette Creek, a tributary of the Bear. Smith's Fork comes almost directly from the north, its headwaters nearly interlacing with Salt River branch of Lewis (or Snake) River. It enters Bear River quite near the dividing line between Wyoming and Idaho.--ED.

[56] The first crossing of Bear River is just above the mouth of Thomas's Fork. For a detailed map of this stretch of the road see Frémont's "Exploring Tour" (_op. cit._ in note 30), p. 132.--ED.

[57] The big hill is just beyond the bend of the Bear, below Thomas's Fork, and the nearest approach the road makes to the valley of Bear Lake. This lake is evidently the remains of one that occupied a much larger area, as the marshes at its upper end signify. It now measures about nineteen miles in length, with an average width of six, and a depth of from forty to sixty feet. The lower portion of the lake is in Utah and the upper in Idaho. Its waters are noted for their exquisite blue tint.--ED.

[58] For the location of these springs see our volume xxi, p. 200, note 45.--ED.

[59] A map of these springs can be found in Frémont's "Exploring Tour" (_op. cit._ in note 30), p. 135. Steamboat Spring is a miniature geyser, an analysis of whose waters is given by Frémont, p. 136.--ED.

[60] For a brief note on Salt Lake see our volume xxi, p. 199, note 44.--ED.

[61] The entire route from Soda Springs at the bend of Bear River to Fort Hall was about fifty miles in length, crossing the basaltic, volcanic plateau which Palmer describes, to the waters of Portneuf River, down which the trail passed to Fort Hall. For the founding of this post see Townsend's _Narrative_, in our volume xxi, pp. 209-211.--ED.

[62] Captain James Grant was Hudson's Bay factor in charge at Fort Hall for several years during the immigration movement. Most of the travellers speak of his courtesy and readiness to assist. He was at this post in 1842, when Matthieu describes him as a large man, resembling Dr. McLoughlin--_Oregon Historical Quarterly_, i, p. 84. He seems to have later settled in Oregon.--ED.

[63] For a brief description of Snake (or Lewis) River, see our volume xxviii, p. 303, note 179.--ED.

[64] This attempt to deflect Oregon immigrants to California arose from the unsettled conditions in that Mexican province, and the determination of earlier American settlers to secure California for the United States. Caleb Greenwood, who was sent to Fort Hall from Sutter's Fort (Sacramento), was an aged mountaineer and trapper, who reared a half-breed family by a wife of the Crow tribe. In 1844 he guided the Stevens party to California, and during the winter of 1844-45 served in Sutter's division of Micheltorena's army against Alvarado and Castro. Sutter wrote in regard to his mission, "I am glad that they meet with some good pilots at Fort Hall who went there from here to pilot emigrants by the new road."--ED.

[65] George McDougall was a native of Ohio, but started on his journey from Indiana. He conducted the advance party of young men known as the Swasey-Todd party, over the Truckee route to Sutter's, leaving Fort Hall about August 13, and arriving at New Helvetia late in September. McDougall served the next year in the California battalion, and was known to have been at San Francisco in 1847-48. He several times returned East, and after 1853 became a confirmed wanderer, being found in Patagonia in 1867. He is thought to have died at Washington, D. C., in 1872. He was eccentric, but brave, and a favorite with the frontier population. Many of the emigrants who turned off at Fort Hall for California went overland to Oregon the next year. Consult H. H. Bancroft, _History of Oregon_ (San Francisco, 1886), i, p. 522.--ED.

[66] The writer has recently learned that the emigrants alluded to, not finding California equal, in point of soil, to their high wrought anticipations, have made the best of their way to Oregon.--PALMER.

[67] For another description of Portneuf (not Portneth) River see De Smet's _Letters_ in our volume xxvii, p. 249, with accompanying note.--ED.

[68] These falls derive their name from the following circumstance. A number of American trappers going down this stream in their canoes, not being aware of their proximity to the falls, were hurried along by the violence of the current; and passing over the falls, but one of the number survived.--PALMER.

[69] The trail from Fort Hall led down the eastern and southern bank of the Lewis; see our volume xxviii, p. 310, note 190. American Falls is a well-known landmark, flowing over a rock about forty feet in height; see Frémont's "Exploring Tour" (_op. cit._ in note 30), p. 164, for an engraving thereof. The once barren land of this region is now being made fertile by irrigation.--ED.

[70] Fall Creek, in Oneida County, so called by Frémont, and still known by this name. Its bed is composed of calcareous tufa, chiefly the remains of reeds and mosses, forming a beautiful succession of cascades.--ED.

[71] Cassia Creek is an important western affluent of Raft River, of Cassia County, Idaho. Upon its banks was the earliest settlement in this region, and the valley is still noted for its farms. The first party to take this route to California was that of J. B. Chiles (1843), guided by Joseph Walker. They struck across from the Snake to Humboldt River, down that stream to its sink, and by the Walker Pass into California. In 1844 the Stevens party followed a similar route; crossing the Sierras, however, by Truckee and Bear River road, the line of the present Central Pacific railway.--ED.

[72] Called by Frémont Swamp Creek, now known as Marsh Creek, a small southern affluent of the Lewis. It forms a circular basin or valley, about six miles in diameter, where there was grass and consequently a good camping place.--ED.

[73] Goose Creek is a deep, rocky stream rising in Goose Creek range, lying on the border between Idaho and Utah. The creek flows north, receiving several branches before entering the Lewis in Cassia County. Placer mines of considerable value have been found on this creek.--ED.

[74] Dry Creek is still to be found on the maps of Cassia County. Frémont says of this portion of the trail: "All the day the course of the river has been between walls of black volcanic rock, a dark line of the escarpment on the opposite side pointing out its course, and sweeping along in foam at places where the mountains which border the valley present always on the left two ranges, the lower one a spur of the higher; and on the opposite side, the Salmon River mountains are visible at a great distance." (See _op. cit._, _ante_, in note 30, p. 167.)--ED.

[75] The falls mentioned by Palmer are the Great Shoshone Falls of the Lewis River, where the cañon is over eight hundred feet deep: the first fall has a plunge of thirty feet, and then a sheer descent of a hundred and ninety. These are, in the United States, exceeded in grandeur only by Niagara and the Yosemite. Palmer's failure to appreciate their height and magnificence was probably due to the depth of the cañon from the top of which he viewed them; or he may not have seen the lower falls at all, for the trail wound back from the river in many places.

Rock Creek is a considerable stream, with a swift current, flowing northwest into the Lewis in Cassia County, Idaho.--ED.

[76] Salmon Falls River is the largest southern affluent of the Lewis that has been crossed since leaving Fort Hall. It rises in many branches on the boundaries of Nevada and flows north through a valley now noted as a hay-and stock-raising section. Salmon Falls (also called Fishing Falls) is a series of cataracts with sharply inclined planes, forming a barrier to the ascent of the salmon, and thus a fishing resort for Indians.--ED.

[77] For this crossing see our volume xxviii, p. 314, note 193.--ED.

[78] The emigrants were in Elmore County, Idaho, where a number of small streams come from the north into Lewis River; one is known as Cold Spring Creek, possibly the branch mentioned by Palmer.--ED.

[79] For these springs see Farnham's _Travels_ in our volume xxviii, p. 314, note 194.--ED.

[80] For Boise River see our volume xxi, p. 249, note 63. The trail approached this stream near the present site of Boise City, and followed its banks to Lewis River.--ED.

[81] For a brief sketch of Fort Boise see Farnham's _Travels_ in our volume xxviii, p. 321, note 199.--ED.

[82] This northern and more direct route was followed by Wyeth in 1834--see Townsend's _Narrative_ in our volume xxi, pp. 231-249. He found the difficulties of the passage great, and the longer and more southern route was the one usually followed.--ED.

[83] For Malheur River see our volume xxi, p. 264, note 64. The Hot Springs are noted in our volume xxviii, p. 323, note 202.--ED.

[84] For a brief sketch of the life of Dr. Elijah White see Farnham's _Travels_ in our volume xxix, p. 20, note 12. He was at this time returning to Washington to secure the settlement of his accounts as Indian sub-agent, and with the hope of securing further preferment--if possible, the governorship of Oregon. He was the bearer of a memorial from the provisional government of Oregon, requesting Congress to extend the sovereignty and laws of the United States over the Oregon settlements. See _Cong. Globe_, 29 Cong., 1 sess., p. 24. Later advices from Oregon, however, frustrated the plans of Dr. White, who was retired to private life. On his return his companions across the plains (1845) were William Chapman and Orris Brown of the immigration of 1843, and Joseph Charles Saxton of 1844. Only Brown returned to Oregon; he went back in 1846 accompanied by his own family, and that of his mother, Mrs. Tabitha Brown, who was connected with the history of early education Footnote: in Oregon. The Brown family settled at Forest Grove, the immigrant of 1843 finally dying at Salem in 1874. White, in his _Ten Years in Oregon_ (New York, 1859), p. 282, speaks of meeting a party (Palmer's) near Fort Boise, who brought him important letters, including one from his wife, the first received in fifteen months.--ED.

[85] Birch Creek (Rivière aux Bouleaux) rises in Burnt River Mountains and flows southeast into Lewis River, in Malheur County, Oregon.--ED.

[86] For Burnt River and the course of the trail through its valley see Townsend's description in our volume xxi, pp. 267, 268.--ED.

[87] For Powder River see our volume xxi, p. 268, note 68. The mountains seen were the Blue; see a brief description in _ibid._, p. 273, note 71.--ED.

[88] Pronounced Kiwaw or Kioose.--PALMER.

_Comment by Ed._ For the Cayuse see our volume vii, p. 137, note 37.

[89] For the valley of Grande Ronde see our volume xxi, p. 271, note 69. Consult on camas, _ibid._, p. 247, note 61.--ED.

[90] This northern valley is the lower portion of the Grande Ronde. Frémont says: "We passed out of the Grand Rond by a fine road along the creek, which, for a short distance, runs in a kind of rocky chasm. Crossing a low point, which was a little rocky, the trail conducted into the open valley of the stream--a handsome place for farms." (_op. cit._ in note 30, p. 179.) This is now the most flourishing settlement in eastern Oregon with a railway running through the valley to Elgin.--ED.

[91] Probably this was the Cayuse chief Tiloukaikt, who had early come under Dr. Whitman's influence, but nevertheless was treacherous, and unstable in his professions of Christianity. In 1841 he had insulted Dr. Whitman because of the punishment of one of his nephews by a missionary teacher. In 1843 he entered into the treaty with some reluctance, and in 1847 was one of the principals concerned in the Whitman massacre. The following year he was one of the five chiefs who gave themselves up to the civil authorities, and he paid the penalty of his murderous instincts upon the scaffold.--ED.

[92] For the Nez Percés see Franchère's _Narrative_ in our volume vi, p. 340, note 145.--ED.

[93] For Whitman and Spaulding see our volume xxi, p. 352, note 125.--ED.

[94] On the crossing of Blue Mountains compare our volume xxviii, p. 328, note 206.--ED.