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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Oct. 15, 1905)
THE SUNDAY OREGONIAN, PORTLAND, OCTOBER 15, 1905. 41 r m (This Is theNecond Installment of Frederick V. Holman'-s address on McLoughlln day at the Lewis- and Clark Exposition. It -will be concluded In the next Issue of The Sunday Oregonlan.) , Immigration of 1843. IN 1843 came the first great immlgra- ! tlon to Oregon. As If by a common Impulse, and without preconcert, : they met at Independence, Mj., leaving there for Oregon May 20, 1843. About 875 men, -women and children composed this Immigration. Of these there -were 295 men over the age of 16 year's. In this Immigration was my grandfather, John Holman, and his son, Daniel S. Holman, then nearly 21 years old. After first arriving in the Columbia River, they straggled and struggled along the Columbia River to Fort "Vancouver, a few driving cattle, going overland by the Indian trail from near The Dalles to Oregon City. Tho"' Immigrants began to arrive at Fort ".Vancouver In October, some not arriving until about Christmas. They had not anticipated such hard ships and privations as they -were then suffering. Few had sufficient food or raiment, many were absolutely destitute. Dr. McLoughlln sent supplies to be sold to those who were able, and to those who could not buy, the supplies were furnished on credit, or given to them. He caused the sick to be attended to and nursed at the company's hospital at Vancou ver. Ho furnished them every assistance as long as they required it. Time will not permit me to go Into the details. When the immigrants of 1843 were thus coming along the Columbia River, some helpless and almost hopeless, there was a plot by the Indians to massacre these Americans. The effect of .such a meas ure would have been tremendous. It would havo probably prevented the fur ther settlement of Oregon for years. Had the United States sent roops to punish the Indians in the disputed Oregon Coun try, it would have almost certainly pre cipitated a war with Great Britain. This massacre was prevented by Dr. McLough Un, but he prudently kept the matter quiet. A full account of this averted dis aster Is given in the McLoughlln docu ment. Then there was a question how these immigrants of 1843 should be provided for during the Winter and until the next harvest. They had no Implements, no seed. There was a crisis impending. Without waiting to be asked. Dr. Mc Loughlln gave credit, furnishing these im migrants with food and clothing for the present, and also farm Implements and seed "wheat to begin their farming. Ho exacted no collateral, he gave time with out interest. All this was against the rules of the Hudson's Bay Company. He made himself personally liable for all this. He also loaned these Immigrants cattle. Including cows and hogs. Colonel J. W. Nesmlth and Governor Peter H. Burnett, immigrants of 1843, have given written statements of Dr. Mc loughlln's humanity to these immigrants. I have not time to give these statements. They will be set forth when my full ad dress Is published. Immigration of 1844.' The immigration of 1844 was composed of about 1400 persons. They suffered many hardships and many lost all, or a part of their cattle .clothing and goods. Most of these immigrants arrived late in the season. Snow began to fall before all arrived at their destinations. Boats were supplied free and provisions, cattle and seed-wheat were furnished them by Dr. McLoughlln, as he had the immigrants of 1843. The supplies in Oregon bad been nearly exhausted by the Immigration of 1843, although Dr. McLoughlln had -urged the raising of grain and other supplies in anticipation of the coming of the Immi gration of 1844. The available supply of clothing had been practically exhausted -before the arrival of the immigration of 1844. John Minto and Joseph Watt have written most feelingly of Dr. McLough lln s treatment of the Immigrants of 1844. These will also be set forth when my full address is published. The Immigration of 1845. The immigration of 1845 numbered about 3000 persons. Many of them suffered more than the preceding immigrations. They were also assisted by Dr. McLoughlln as he had the Immigrants of 1843 and 1844, For this he was' charged with disloyalty by one of the British spies then at Van couver. ' The wise, humane and paternal fore sight of Dr. McLoughlln was of great as sistance to the .immigrants of 1845. In the McLoughlln document he says: "When the Immigration of 1842 came, we had enough of breadstuffs in the country for one year, but as the immigrants', re ported that next season there would be a greater Immigration, It was evident if there was not a proportionate increase of seed sown In 1843 and 1844, there would be a famine in the country In 1845, which would lead to trouble, as those that had families, to save them from starvation, would be obliged to have recourse to violence to get food for them. To avert this I freely supplied the Immigrants of 3843 and 1844 with the necessary articles to open farmp, and by these means avoided the evils." Early Emigrants Not Mendicants. The early immigrants to Oregon were not mendicants nor tramps. It is true, some of them were of an ad venturous nature, some of the "happy-go-lucky" type. Most of them were sturdy, strong men and women, physically and mentally, strong also in tnelr American Ism, and filled with the Instinct of the great Anglo-Saxon race to follow the Western .course of empire. Many were the descendants of the pioneers who first set tled the Atlantic Coast. Their ancestors had taken part In the great American revolution, and had crossed over the mountains and started civilization In the Middle West. The places they left to come to Oregon, although comparatively new. were over-supplied with unsold (be cause unsalable, for want of markets) agricultural products. The early books and pamphlets on Oregon and the stirring speeches of Oregon enthusiasts who had never been to Oregon, pictured Oregon as the traditional land of "milk and honey." There was, too, an abiding trust In the future, a certain improvidence born of strong manhood and womanhood. They - ere filled with faith In their ability to conquer all troubles and overcome all dif ficulties. They did ont think of failure they intended to succeed. Then, too, the journey was longer and more arduous than they anticipated. Their greatest dangers and troubles were after they had entered the Oregon country and reached the Columbia River. All east of that river was merely a pleasant outing com pared with the troubles and dangers to come. .They did not seek charity. In the ordinary meaning of that word. The true, l.onest, brave-hearted Immigrants wished to pay for what they 'obtained, and did so when they could. They were met by con ditions which they could riot, or did not, foresee. Dr. John McLoughlln, with his great, manly prescience, appreciated air this. He sold provisions and clothing to those who could pay, equally, lie sold on credit, to those who could not. without reference, without collateral. He under stood the quality of most of these pioneers he was unfortunately In error as to some of them. It was not charity on the part of Dr. McLoughlln; It was the ex ercise of that great Equality which he possessed in an extraordinary degree humanity. I regret to say that some of these early Immigrants were rude and bblsterouB; that sometimes they asserted their Amer- Frederick VHolmans rAUTOCRST OF THIS icanism in a most offensive and bullying manner: that some, without cause, at times -'were' insulting to Dr. McLoughlln, to his .company, and to his country. Some of these did not care, others had beon prejudiced by false information', which they had read or heard before they left their -homes, or on the way to Oregon. Some, I still more regret to say, accepted the credit extended to them by Dr. Mc Loughlln and never paid. But the pay ment to the Hudson's Bay Company of these bad debts was assumed by Dr. Mc Loughlln. The aggregate amount Is not definitely known, for Dr. McLoughlln suffered In many ways In silence. It has been conservatively estimated at about 150.000. It must be borne In mind that all these aids by Dr. McLoughlln to the Immigrants of 1843, and succeeding years, were after some of the missionaries had attempted to steal his land claim and succeeded In part. The history of these transactions I shall presently relate. V And did the secular department of the Methodist mission assist these early pioneers in any way similar to what was done by Dr. McLoughlln? If so, I have found no trace nor record of It. In 1S44 Georgo Abcrnethy bought the mission store and Its accounts at "a bargain or clearance sale, when the mission ' was closed. Had Dr. McLounblln acted with the suplnencss of the MclhDdlst missionaries toward the Immigrants of 1843, 1844 and 184 the consequences would have been terrible. Leaving out the probability of massacres by the Indians, many Immi grants would have died' from starvation. exposure and lack of clothing along the Columbia river, and after their arrival In the Willamette Valley. It is true Fort Vancouver might have been captured and destroyed. That would havo given no per manent relief. That would have been the beginning of war between the United States and GrcaUBrltaln. The settlement of Oregon would have been delayed for many years'. Sir George Simpson, the Governor of the Hudson's Bay Company, had severely crit icised Dr. McLoughlln for his assistance to the immigrants. There was an acri monious correspondence between them on the subject Resignation of Dr. John McLoughlln In 1845 Dr. McLoughlln sent in his resig nation to the Hudson's Bay Company. Their rules required one year's notice be fore an officer could resign. His resigna tion took effect before the immigration of 1845 arrived. As this address relates to Dr. McLoughlln, and only incidentally to the Oregon Pioneers, I shall not go Into details about the immigrations succeed ing that of 1845. Dr. McLoughlln kept a store at Oregon City after his resignation. To the Immigrants of 1846 and after, and to others as long as he was In business I there, he continued, so far as he was able. I the same good and humane treatment as I he had exercised as Chief Factor at Fort Vancouver. j By common consent of all good, honest pioneers, he had been named "The Good ' Doctor," and "The Good Old Doctor," and he was .known by these names till the time of his death. They also came to call him the "Father of Oregon." Dr. McLoughlin's resignation from the Hudson's Bay Company became necessary to maintain his own self-respect. Al though in doing so he gave up a salary of 512,000 a year. I have spoken of Lieutenant Peel and Captain Park, British officers, who brought the letters of Admiral Seymour and Captain Gordon to Dr. McLoughlln in 1845. They were also sent as spies. They were succeeded by two more spies, Lieutenant Henry Warre and Lieutenant Vavasour, both' of the British array. The latter two stayed at Fort Vancouver and elsewhere In Oregon for some time. In their reports Lleutenants.Warre and Vavasour charged Dr. McLoughlln with unfaithfulness to the Hudson's Bay Com pany, by assisting the American mission aries and immigrants, and similar mat tors. They made no charges against his integrity. As was to be expected, Dr. McLoughlin's answer was dignified, forceful and suf ficient. I have not time to give more than a few .of his points. In his answer Dr. McLoughlln said, con cerning his treatment of the missionaries: "What would you have? Would you turn the cold shoulder to the men of God, who came to do that for the Indians which this company neglected to do?" He said he had tried to prevent the American settlers remaining Idle, becom ing destitute, and dangerous to he com pany's servants. Drive them away he could not. having neither the right nor the power. ThaV these settlers had not come expecting a cordial reception from him. but quite the contrary; that while he had done some things for humanity's sake, he had Intended to and had averted evil to the company by using kindness and courtesy towards theAmerlcan immi grants. He admitted helping the Immigrants of 1843. 18(4 and 1845, and saving the lives and property of the destitute sick. He also admitted to assisting the immigrants of 1843 to raise a crop for their own sup port and of saving the company the ne cessity of feeding the next immigration. And he said: "If we had not done this. Vancouver would have been destroyed and the world would have judged us treated as our Inhuman conduct deserved; every officer of the company, from the governor down, would have been covered with obloquy, the company's business in this department would have been ruined, and the trouble which would have arisen in consequence would havo probably In volved the British and American nations in war. If 1 have been the means, by my measures, of arresting any of these evils, I shall be amply repaid by the approba tion of my conscience. - . ." The conduct of Dr. McLoughlln was dis cussed in the British. House of Commons, where It was said by some people he was called the "father of his country." Mrs. Frances Fuller Victor. Oregon's best and greatest historian, who wrote the History of Oregon In Bancroft's Works, says of Dr. McLoughlln (VoL L 504, 505): "Aristocrat, as he was considered by the colonists (American settlers), and auto crat, as he really was. for 20 years throughout the country west of the Rocky Mountains, he still bravely returned tho assaults of his enemies In the language of a republican. He defended the Ameri can character from the slurs of govern ment spies, saying, 'they have the satno right to come that I have to be here,' touching lightly upon the Ingratitude of those who forgot to pay him their Just debts, and the rudeness of those whom White mentions as' making him blush for American honor. But whether he favored the company's interests against the Brit ish, or British interests against the com pany's, or maintained both against Amer ican Interests, or favored the American interests against either, or labored! to pre serve harmony between all, the suspi cions of both conflicting parties fell upon him, and being forced to maintain si lence, he had the bad fortune to be pulled to pieces . between them." To curtail Dr. McLoughlin's power, and probably to Induce him to resign, a board of managers' for Pacific Coast affairs was organized by the London directors of the Hudson's Say Company. When am infant Dr. McLoughlln was baptized in tho Roman Catholic Church. His father and mother were of that faith. While living with his maternal grand father, he probably was brought up In tho English Established Church, which he became a member of. Prior to Novem ber, 1842, it was his custom, at Fort Van couver, to read the service of that church on Sundays to the congregation of of ficers and employes who attended. Dr. McLoughlln was a broad man In every way. He recognized the good In all Christian sects and denominations. He assisted the Methodist, Presbyterian and Congregational missionaries. Had he been a member of those churches he could hardly have done more for them than he did. While still a Protestant he also, assisted the Roman Catholic mis sionaries from their first coming to Ore gon, In 1838, as he had the Protestant. He never tried to change the form of re ligion of the employes and servants of the company. He encouraged Mhem. In their devotion to the religion of thelr cholce. Archbishop Blanchet in his "Historical DR. JOHN M'LOUGIIIJX. rhotograph by George F Holman from daguerreotype Impression My rick, of Portland. Copyright. 1005. Sketches of the Catholic Church In Ore- ! gon" says (page 6S): "It Is but Just to make special men tion of the Important services which Dr. John McLoughlln though not a Catho lic has rendered to the French Canad ians and their families during the four teen years he was Governor of Fort Van couver He it was who read to them the prayers on Sunday. ... He it was who saved the Catholics of .the fort and their children from the dangers of per version, and who, finding the log church the Canadians had built, a few miles be low Fairfield In 1836, not properly located, ordered it to be removed and rebuilt on a large prairie, its present beautiful site." In 1812 Dr. McLoughlln read "The End of Controversy," written by Dr. MUner, and was converted, by this book, to the Roman Catholic faith and joined the church. He made his abjuration and profession of faith November 18, 3S42. He made his first communion at midnight mass on Christmas, 1842, at Fort Van couver. Joining the Roman Catholic Church by Dr. McLoughlln was most Impolitic, at this time, particularly on account of his land claim. But he was never a man to consider policy when there was something to be done which he thought right, Just or proper. Other wise, he would never have assisted the missionaries or helped the Immigrants. Joining tho Roman Catholic Church in 1842 only added to the opposition to Dr. McLoughlln. He was then a British sub ject. At that time there was great popu lar prejudice against Great Britain as the supposed hereditary enemy of tho United States. The long discussion of the Oregon question; the election of Polk as President, in 1844, largely on the popular cry of "54-40 or fight." greatly intensified this feeling. There was also great popu lar prejudice among many of tho Protes tants against the Roman Catholic Church, which had been handed down from the time of the settlement of New England and the Cromwelllan revolution In England. In these early immigrations were many women, most of whom were wives and mothers. There .were also numerous children of all ages. There were a few births on the way. When these mothers saw their children, along the Columbia River. In peril, many sick and almost famishing; when they heard their chil dren cry for food and clothing, which these mothers could not supply, and when these perils were removed and these necessities were ' furnished by Mr. McLoughlln. and their sick children re stored to health under his orders and directions, do you think these Protestant American mothers considered it Import ant that Dr. John McLoughlln was then a Roman Catholic and a British subject? Dr. McLoughlin's Land Claim. I shall now take up the matter of Dr. McLoughlin's land claim at Oregon City. Many writers and speakers have spoken of his land claim being taken from him. In a loose way, as "unjust treatment," or as "robbery." I shall briefly state the facts, as I have found them. The early pioneers know these facts. They should be known by .every one In justice to Dr. McLoughlln and to his memory. Prior to the donation land law there were no lawful titles to lands In Oregon. That law was passed by Congress and was approved by the President Septcm ber 27, 1850. Prior to the organization In 1843 of the Oregon Provisional Govern ment, the only law, or rule of law, was the Golden Rule, or rather a consensus tf public opinion among the few settlers in Oregon. When a person settled on a piece of land and Improved it, or declared his intention to claim it, all other settlers respected, his possessory rights. Each settler felt that on the settlement of the boundary line between the United States and Great Britain bis land claim would be recognized and protected, which he had duly claimed while there was joint occupancy under the conventions of 1818 and 1827. It was in 1829 that EUcnne Lucler set tled In the Willamette Valley at French I'T'ralrle, now in Marlon County. Other servants of the Hudson's Bay Company, as their terms of service expired, and a few Americans had. settled at or near French Prairie prior to 1S34. so that when the first missionaries came there was a .thriving, although small, settlement near where Jason and. Daniel Lee established their first mission' In 1S34. This mission had no title to the land where the mission was established, yet Its rights were rec ognized and respected. In 1S23 Dr. McLoughlln for himself took of Mrs. J. possession of the land and water power at the falls of the Willamette River on the east side of the river, at and near what is now Oregon City. In his land I claim was the valuable but small Island containing about 25 acres, then separated from the east bank by a part of the river In Summer not more than 40 feet wide. It Is situated near the crest of the falls. This- Island was afterward known as Gov ernor's Island, but was called Abernethy Island In tho donation land law. and Is now known by the latter name. The Hud son's Bay Company did not want for Itself any permanent or valuable Improve. ments In the Willamette Valley. In 1829 and 1S30 Dr. McLoughlln began tho erection of a sawmill at the falls. He ; more yielded and agreed to pay the JCOOO, caused three houses to be erected and a part In the Autumn and the remainder somo timbers to be squared for a mill. In ten years, with Interest annually at six This work continued until May, 1830. In ; Por cent. 1S32 he had a mill-race blasted from the But although Waller, and those asso head of the Island. But tho Indians there, 1 elated with him, got their price, they did not liking these evidences of permanent not stay bought- They determined to de improvement, burned the three houses and prlvo Dr. McLoughlln of all his land the squared-tlmbers. claim, evon If they did not profit by it. It has been, asserted that these im- ', They succeeded, as I shall presently show, provements; wero made for tho Hudson's b" means of tho donation land law. They Bay Company, but discontinued by It be-' nad previously determined to steal Aber cause it did not wish to erect valuablo . nethy Island. Improvements there. But In the Mc-1 Tho Hev. Dr. HIncs Is too honorable a Loughlln document he says: man to Justify these proceedings. As he "I had selected for a claim Oregon City I came to Oregon In 1S53. it appears that he In 1829. made Improvements on It. and had a large quantity of timber squared." It is evident that he took this claim for his old age and for the benefit of himself and children. Dr. McLoughlln was a very far-seeing man From nbo.it tintil tho Tirusiro nf the donation land law In 1850 he openly and i . At Oson City the mission, as such, avowedly claimed the land from tho falls : deeied It wisest not to file any claim of the Willamette River to the Clackamas j .8 against that of Dr. John McLough River. including Abcrnethy Island. No I cnIe factor of the Hudson's Bay adverse claim way made until about July, I Company at ancouver, whojiad made 1840, less than GO days after the arrival of 1 frao movement towards the occupa the ship Lausanne, when certain members. !!on ,r nat valuable property before of the Methodist mission attempted to the mission ijas established. Perhaps take these lands and rlghtfj from Dr. Mc f11.10.6 f?,ufttry at that tlmc' Mr- Lec Loughlln. and In the cndsucceeded, but J"01",' dId,not conslae5 the claim of onlv nartlallv for themselves. It Is a Dr McLoughlln, as a British subject damnable transaction from becinninc- to end. I wish I had time to give all the details. Dr. McLoughlin's right to his land claim was as good as that of any other In Oregon: better than some. April 1, 1S43. Dr. White, who came to Oregon In 1837 as a Methodist missionary, but was then United States sub-agent of Indian affairs. In an official report to the Com missioner of Indian Affairs at Washing ton. D. C. said of the Shortess petition, MHi , I? tli iTm tAu T Jn,in Krr. j . -. .. -r rHudson's Bay Company and Governor Mc- t?". i Jef.nfL V. ""Inland hence this history does not deal x o..w ww f men disconnected with the Hudson's Bay Company been at half the pains and ex pense to establish a claim on tne Willa mette Falls, very few would have raised an opposition." Under the joint occupancy every British subject had the same or equal rights with an American citizen. December 16, 1S41, Senator Unn Intro duced his famous .bill thereafter known as the "Linn bill," which granted 640 acres of land to every white male Inhabi tant of Oregon, of IS years or-over, who should cultivate the samo for five years. This bill was favorably reported back to the Senate and subsequently passed tho Senate, but failed In the House. In the Linn bill there was no difference made between American and British citi zens as to the rights to take land. The Oregon donation land law ofEBSO applied to every foreigner except Dr. McLough lln, who should declare his Intention to become a citizen before December 1, 1S3L The Linn bill was largely Instrumental in causing tho early immigration to Ore gon. It Jsvas felt by them that it. or a similar law, was bound to pass Congress. The Oregon donation law of September 27, 1850, was such a law. Dr. McLoughlln also relied on the Linn bill, for he be lieved that it or a similar bill was bound to become a law. The Methodist mission, as a mission, did not, officially, attempt to deprive Dr. McLbughlln of any of his land. There BlOOgAPHV OF THE J&NDLY Great Empire were some of the missionaries who 'op posed any such action. But many of. them saw that If the mission obtained any of Dr. McLoughlin's land claim it would belong to the mission or. the church, so they readily proceeded as. In dividuals for their own private gain. . In 1840, shortly after the arrival of the Lausanne, Rev. Jason Lee, as superintend ent of the Methodist mission, appointed Rev. A. F. Waller to labor for the Indians at Willamette Falls and vicinity. A num ber of Indians lived at the west side of the fails, and oh the Clackamas River. The mission took up a claim of 640 acres north of Dr. McLoughlin's claim. The mission's religious work was - done by Waller on this claim, where Gladstone Park Is now situated, and also at a point on tho west bank of the Willamette River opposite Oregon City. Dr. McLoughlln generously assisted the undertaking. He gave the mission permission to build a mission .house on a piece of land In his claim, and at the request of Jason Lee, the superintendent of the mission, loaned It some of the timbers which Dr. Mc Loughlln had caused to bo squared to build the mission house. Timbers to take the place of those sp loaned wero never furnished to Dr. McLoughlln, nor., were the timbers ever paid for. . It was soon reported to Dr. McLoughlln. that the Methodist mission Intended to try to take or jump- his claim. He. at once (July, 1840) notified Jason Lee, as superintendent of the mission, of the facts: That Dr. McLoughlln had taken possession of this land claim In 1S29, and also of his intention to hold this land as a private claim. He gave Lee the gen eral description of the land so claimed by Dr. McLoughlln. viz: "From the upper end of the falls across to the Clackamas River, and down where the Clackamas falls into the Willamette, Including the whole point of land, and the small Island In the falls on which the portage was made." This island is the one later known as "Gov ernor's" or "Abernethy" Island. After giving the notice mentioned. Dr. McLough lln concluded his letter with these words "This Is not to prevent your building the store, as my object Is merely to estab lish my claim." A satisfactory answer was returned and Waller proceeded In the erection of a building divided Into two apartments, one of which served as a dwelling, and the other as a storeroom for the goods, of the mission. In 1841 Felix Hathaway, in the employ ment of the mission, began to build a house on the island, at which Dr. Mc Loughlln remonstrated with Waller, but the latter assured Dr. McLoughlln that no wrong was intended and Hathaway stopped his building operation. Matters ran smoothly until the Autumn of 1842. By this time Dr. McLoughlln had again made improvements on his claim, having It surveyed and part of it hild oft in town lots and blocks. I cannot go Into all the evasive moves and false state ments made by Waller to Dr. McLough lln. Waller finally asserted his owner-, ship of Dr. McLoughlin's land claim, ex clusive of Abcrnethy Island, which .the Oregon Milling Company had "Jumped." Waller's actions were outrageous In every phase of this matter. In April, 1844, Wal ler compelled Dr. McLoughlln to pay 5300 and to convey to Waller five acres of Dr. ; McLoughlin's land claim for the rights as serted by aller. and also to convey to the Methodist mission 14 lots In Oregon City for the rights asserted by Waller to Dr. McLoughlin's land claim. There were not any courts In Oregon to which Dr. McLoughlln could apply for relief. It was better and cheaper probably for Dr. McLoughlln to pay thl3 blackmail, other wise he would have been compelled to oust wauer by force. July, 1S44, three months after this set- tlement. Rev. George Gary, who was then . closing the Methodist mission In Oregon, offered to sell back the lots Dr. McLough lln had given the mission, less two lota for a church. The price Gary demanded was $5000. To this offer Dr. McLoughlln answered: "It would be the fairest way for you to give me back my lots, since tho mission has no longer any use for ; them, and let mo pay you for the 1m ' provements." But Gary replied that the ioia were- mission property, ana were i worth tho price. Dr. McLoughlln once aoe? not now ail the facts, but such as he knows, even from Methodist and mis sionary sources, do not commend Waller's actions to Hlncs in regard to Dr. Mc Loughlln and his land claim. In nls Missionary History, pages 353-355, I Dr- Hlnes says: nna V10 head of a Sreat British cor poratlon, such a claim as would be recognized In law when the Govern ment of the United States should ex tend its jurisdiction over the country, which they believed it was sure to do in a short time. . . . it is prop- j n Z A 7.. J T"' rot the fact that Rev. A. F. Waller filed a claim In his own behalf on the land to which Dr. McLoughlln was also lay ing claim, on the ground that tho lat ter' oe,"ff a British subject, could not uuituu oiaica. vnn tins iuu mission, uch hart nn eonncctlnn whntVr ! with the question.' Nevertheless, joint occupancy. Sena tor Linn's resolution and. bill, the do nation land law, as subsequently passed, natural justice and right and common decency should, have recog nized Dr. McLoughlin's rights to'all his land claim. I have spoken of this settlement -with Waller In 1844 in order to treat separately of the taking of Abernethy Island from Dr. McLoughlln. Abcrnethy Island. Tho part of Dr. McLoughlin's land claim, now known as Abernethy Island, was not included In the settlement with Waller in 1844. As I have said. Felix Hathway, In tho employment of the mission, in 1S41, began to build a house on the island, but after Dr. Mc Loughlin's remonstrance to Waller tho building operations on the island Lccascd at that time. Dr. McLoughlln erected a small house on the Island. In 1841 the Oregon Milling Company was formed. Almost all of Its members belonged to the Methodist mission. Hathway conveyed all his right and title to the Island to the Oregon Mill ing Co., a part of tho consideration to be paid by a committee of the. Oregon Milling Co. In behalf of that company. This was a very religious dejjd. In stealing land it Is well to be particu lar, and apparently pious. It looks better. Hathway In this conveyance covenanted tb "warrant and defend, the .Island against all persons (the Lord excepted)." , Among the cargo of the Lausanne, which all belonged to the Methodist mission, was machinery for a grist mill and for a sawmill. How this ma chinery became the property of the milling company, I have been unable to ascertain! In the Fall of 1842 the Oregon Mill ing Co. had erected a sawmill, 'on the Island, Intending to follow It' with the erection of a gristmill. It will be noted that there were then no courts In Ore gon, for the Provisional Government was not organized' until 1S43. Dr. Mc Loughlln and the Hudson's Bay Com pany were not under the Jurisdiction of the Provisional Government until 1845. In the Fall of 1842 Dr. McLough lln became satisfied that It was the in tention of some of the Methodist mis sionaries to take his land andto de prive him of his water rights. To savo his interest he forthwith built a'saw mlll on the river bank near the Island, and gave notice that he would soon add a gristmill. - The Shortess Petition. Tho enemies of Dr. McLoughlln then determined to send a petition to Con gress. This petition was drawn by tho sleek end sanctimonious Abernethy, who then, as steward of the mission, kept its store at Oregon City and had clxarge of all lt3 secular affairs. Aber nethy was unwilling to have It known that he was " connected with the peti tion, so It was copied by a clerk named Albert E. Wilson. Abernethy wished to appear friendly to Dr. McLoughlln; to be otherwise mljht hurt Abernethy In his business. There always have been some per sons wno prefer( to betray with a klss The first signature to this petition was that of Robert Sllortess, who camo to Oregon in 1839 or 1840, a recent con vert of the Methodist Church. He was Intense In his dislike of the Hudson's Bay Company and its officors. From tho fact that he was the first signer, this petition Is known as. the "Shortess petition." It was signed by 59 per sons.. Of these, about one-third were Immigrants of 1842. who had been in the country less than six months. This petition is largely made up of malicious untruths about Dr. Mc Loughlln and unjustifiable abuse of him. It will be found at length In "Brown's Political History of Oregon," volume 1, pages 104-10S. A copy of this petition was refused to Dr. Mc Loughlln. In 1842, prior to the arrival of the Immigrants of that year, there were in the whole Oregon Country, exclus ive of the officers, servants and em ployes of the Hudson's Bay Company, about 197 white persons. Of these, about S3 were French Canadians. In cluding three Jesuit priests. Of the remainder of 134, there were 21 Prot estant ministers, of which 13 were Methodists, 13 lay mombers of the Protestant mission, mostly Methodists. There were 34 white American settlers, 25 of whom had native wives. There were 34 white women and 32 white children. Land Laws of the Provisional Gov ernment. As I have stated. In July. 1843, the pro visional government went Into effect. Its j land laws were purposely framed against fir. McLoughlin's claim, and In favor of the Methodist mission. These land laws allowed any person, without regard to citizenship, who was then holding or wished to establish a land claim In Ore gon not exceeding 640 acres, "In a square or oblong form" according to the "natu ral situation of the premises"; those in possession were allowed one year In which to file a description of the claim in the Recorder's office. Dr. McLoughlln filed his description November 23, 1843. The record is now In the office of the Secre tary of State, at Salem, Or. Article 4 of these land laws of 1843 wa3 the one intended to deprive Dr. McLough lln of his claim. It was as follows: "Article 4 No persons shall be entitled to hold such a claim upon city or town sites, extensive water privileges, or other situations necessary for the transaction of mercantile or manufacturing opera tions, to the detriment of the community; provided, that nothing In these laws shall bo so construed as to effect any claim of any mission of a religious character made previous to this time, of an extent of not more than six miles square. This land law was amended In July, 1845. The only material change, so far as Is necessary for the purposes of this ad dress, was that said section 4 of the land laws of 1S43 was repealed. It was after the repeal of tho objection able and unfair section 4 of said land laws of 1843 that Dr. McLoughlln for him self and the Hudson s Bay Co. Joined tho provisional government. Dr. McLoughlin's Naturalization After Dr. McLoughlin's resignation from the Hudson's Bay Company he do tcrmlncd to become an American citizen. In 1845 he consulted with Peter H. Bur nett, then Chief Justice of the provisional government, and with Jesse Applegate about taking the oath of allegiance to" the United States, and taking out his first naturalization papers, but Burnett had no authority from the United States, or other jurisdiction, to administer such an oath (or issue such' papers), and so ad vised Dr. McLoughlln. Although this matter was well known In Oregon, it gave McLoughlin's enemies a chance to say that he was a British subject, and had not taken the oath of allegiance to the United States. In March, 1S49, Governor Joseph Lane arrived and the Territory of Oregon was organized and courts of the United States established. The assignments of Judges to their respective districts were made May 13. 1S49. May 30. 1849, Dr. McLoughlln took the oath of allegiance to the United States and took out his declaration to be come an American citizen. So he acted with promptness and as soon as possible. This was well known In Oregon at the time. Dr. McLoughlln voted at Oregon City at the first general election held, In June, 1843, but he did not vote for Thur ston as Delegate to Congress, which Thurston knew. Under the act of Con gress organizing Oregon as a territory, all persons who had taken out their first naturalization papers were entitled to vote at the first election. Conspiracy Against Dr. 3fcLoughlin. It was at this time that the conspiracy against Dr. McLoughlln and his land claim began to become effective. Gov ernor Abernethy became the sole owner of the Oregon Milling Company and Its prop erty on Abernethy Island. Abernethy and his son claiming to own the island, which was then known as "Governor's Island.' In supposed compliment to Governor Aber nethy. W. P. Bryant, the first territorial Chief Justice of Oregon, arrived in Ore gon, April 9, 1S49. Fifty days after, May 29, 1S49, he purchased said Interests of Governor Abernethy and son. Bryant gave his promissory notes to Governor Abernethy. aggregating $30,000 in princi pal, as part consideration for the pur chase. Bryant also bought from Gov ernor Abernethy. on time, wheat, flour and staves for about 52500, and a quantity of lumber and logs, the value of which I-am. unable to give. Bryant's judicial dis trict included Oregon City. In June, 1849, Samuel R. Thurston was elected Territorial Delegate to Congress from Oregon. Thurston was a man of ability, but 'an unscrupulous demagogue. He was a member of the Methodist Church. He was shrewd enough to obtain It3 support. He skillfully made his can vass largely against the Hudson's Bay Company. Having the support of tho mission party, and many of the voters being then In the California mines. Thur ston was. elected. The vote was as fol lows: Thurston. 470; Columbus Lancaster, 321; J. W. Nesmlth, 106; Meek and Grlftln, 45. The most Important measure for Oregon was the passage of a land law. for no one had or could then obtain a legal title to land. It was all owned by the United "States. Thurston used his best endeavors to obtain the passage of such a bill. But he was anxious for re-election, and to in gratitate himself with the mission party. I shall . not. In this address, enumerate all Thurston's vlllanles in this matter. Thurston's Letter to Congress. Thurston prepared' the way by a letter f to the House of Representatives for In troducing into the land bill a section de priving Dr. McLoughlln of his Oregon City claim, which he had the audacity to declare was first taken by the Metho dist Mission, and containing other ma liciously false statements. This section Is section 11. of the donation law. which was passed without opposition. To this sec tion I shall presently refer. Thurston also succeeded In having a proviso added to the fourth section of the r bill, skillfully worded, which forbade any one claiming under the donation land law to claim both under that law and un der the treaty of 1846. that treaty provid ing that possessory rights of British sub jects should be respected. As Dr. Mc Loughlln had declared, in 1S1D. his Inten tions to beeome a citizen and ronouncod his allegiance to Great Britain, he was probably no longer qualified to claim under the treaty. But even If he could have claimed under the treaty of 1846. aa It British subject, that would not give him the right to obtain title to his land claim under that treaty. It was after wards held by the Supreme Court of Ore gon and by Judge M. P. Deady. sitting as United States Circuit Judge, that the stipulation in the treaty of 1S46 that the United States would respect the posses sory rights of British subjects, was merely a recognition of such possessory rights and conferred no right to or In the soil. and no means were provided by the do nation land law, or otherwise, to obtain title or a patent, but a British subject might have a claim against the United States for compensation." In the debate in the House of Represen tatives, May 2S, 1S50, on the bill which be came the Oregon donation land law. Thurston said: "This company (Hudson's Bay Com pany) has been warring against our Gov ernment for these 40 years. Dr. McLough- llcr has been their chief fugleman, first to cheat our Government out of the whole country, and next to prevent its settle ment. He has driven men from claims and from the country, to stifle the efforts at settlement. In 1S43 he sent an express to Fort Hall, 800 miles, to warn the Amer ican immigrants 'that If they attempted to come to Wlllametto they would all be cut off; they went, and none were cut off. How, sir, would you reward Benedict Ar nold, were he living? He fought the battles of his country, yet by one act of treason forfeited the respect of that coun try. A bill for his relief would fall. I am sure; yet this bill proposes to reward those who are now. have been, and ever will be, more hostile to our country more dangerous,, because more hidden, more Jesuitical. I can refer you to the Supremo Judge of our territory, for proof that this Dr. McLoughlln refuses to file .his Inten tion to become an American citizen." (Judge Bryan was then In Washington, lobbying for the passage of the 11th sec tion of the donation land law, and' partic ularly the part giving Abornethy's Island to the assigns of the Milling Company.) Bryant had personal knowledge that Dr. McLoughlln had taken out his first nat uralization papers. I have already shown the falsity of these statements of Thurston, by setting forth the truth in this address. The mention by Thurston. In his speech, of Benedict Arnold In comparison with Dr. McLoughlln was contemptible. It was an Insinuation which any honorable man should be ashamed to make." The Oregon Donation Land Law. Tho donation land law passed and was approved by the President Soptombcr 27, 1S50. Section 4 "granted to every white set tler or occupant of the public lands. American half-breed Indians Included, above the age of IS years, being a citizen of tho United States, or having made a declaration, according to law. of his in tention to become a citizen, or who shall make such declaration on or before tho first day of December. 1S51. now residing In said territory, or who shall become a resident thereof on or before the first day of December. 1SS0. . . . 320 acres of land, if a single man, or if a married man. 640 acres, etc., 320 acres being for his wife." The last sentence of section 4 Is as follows: "provided further, however, that this section shall not be construed a.-; to allow those claiming rights under the treaty with Great Britain, relative to the Oregon territory, to claim both under this grant and the treaty, but merely to secure them the election and confine them to a single grant of land." The famous, or rather Infamous, section 11 of said donation law provides: "That what Is known as the 'Oregon City Claim.' excepting the Abernethy Island, which is hereby confirmed to the legal assigns of the Willamette Milling & Trading Companies, shall be set apart and be at the disposal of the Legislative As sembly, the proceeds thereof to be applied by said Legislative Assembly to the eslab llshment'and endowment of a university, to be located at such place In the territory as the Legislative Assembly may desig nate; provided, however, that all lots and parts of lots In said claim, sold or granted by Dr. John McLoughlln, previous to th fourth of March, eighteen hundred and forty-nine, shall be confirmed to the pur chaser or donee, or their 'assigns.' etc By the 'Oregon City Claim' Is meant Dr. McLoughlin's land claim. And there, in all Its infaniy. said section 11 stands on the statute books touay. The Conspiracy Effective. This conspiracy to deprive Dr. Mc Loughlln of his land claim, and the mo tives of the conspirators were vary simple, but effective. In order to obtain the Island, which was a part of the land claim. It was necessary to make It appear to Congress that Dr. McLoughlln was not only not entitled to his land claim, or any part of It, but that he should not have It under any circumstances; that Dr. Mc Loughlln was a man dangerous to Oregon. Its people-and their Interests, and" refused to become an American citizen; and" that he wa3 not .really trying to get the land claim for himself, but for the Hudson's Bay Company. Having so wronged and lied about Dr. McLoughlln, they still did not dare to try to get the whole claim. But to keep Dr. McLoughlln from ever getting it. they tried to bribe the people of Oregon from being just to Dr. Mc Loughlln and his heirs. Dy providing that his land claim, less Abernethy Island, should be used for the establishment of. a university, which would be for the (Concluded on Paso 47J