Oregon Historical Quarterly/Volume 6/The Winning of the Oregon Country

by William D. Fenton

THE WINNING OF THE OREGON COUNTRY.^[1]

On the 14th day of February, 1859, this Commonwealth was admitted into the Union of States, and to be at that time a companion sentinel upon the mountain tops of the Pacific with the State of California. These were the only States at that time west of the Missouri, and the intermediate region was an almost trackless wild. The act of Congress admitting Oregon into the great galaxy of States declared "That Oregon be and she is hereby received into the Union on an equal footing with the other States in all respects whatever." This formal recognition of her equality does not convey to the mind the full meaning perhaps intended. Our State was thus recognized as an equal of any of the original thirteen colonial States, and in an historic sense, she was then, and is now, their equal, if not superior, in the precious memories that cluster about the great Oregon Country, in diplomatic and international events.

The historian says that under the treaty of Ryswick, in 1697, Spain claimed from the Carolinas to the Mississippi, and on the basis of discovery by De Soto and others, westward to the Pacific. She extended her sovereignty from Panama to Nootka Sound. In 1513 Balboa, her brave son, in the name of his country claimed the great Pacific. France, also, was not a mere idler in this conquest of new worlds. The French claimed up to the Louisiana boundary and to the St. Lawrence and farther towards the Arctic than any daring navigators or explorers had ventured at this early period. In one way or another the French encroached upon the Spanish soil, until the dividing line, somewhat vaguely defined, was recognized as beginning at the mouth of the Sabine River, thence up this stream to latitude thirty-two, thence north to Red River, and thence up this to longitude twenty-three, thence north to Arkansas and up it to latitude forty -two. and thence to the Pacific. Notice this last call, for it is the south boundary of our State was always the boundary of what is called "The Oregon Country," and was at one time the northern boundary of Mexico. In the grant from France to Spain in 1762, and from Spain to France, in 1800, this untraced line was recognized. It is thus seen upon what grounds rest the claims made for Mr. Jefferson, that the Louisiana purchase of 1803 gave the United States title to the Oregon Country. Of so much importance was this section, even as early as 1819, that when the United States purchased Florida, an article was inserted in the treaty of purchase, restating this line. The Oregon of that day, as it existed in the minds of publicists, statesmen, and diplomats, embraced all the vast region between forty-two degrees north latitude and the. famous "Fifty-four Forty" of the Polk campaign of 1844, meaning there by fifty-four degrees and forty minutes north latitude, and also extending from the Pacific Ocean to the Rocky Mountains. This vast region is now British Columbia, Washington, Oregon^ Idaho, and part of Montana and Wyoming. While Spain and France were thus parceling out empires, and professing in turn and at times concurrently to hold exclusive right to this section of the new world, the busy and active brain of England was not idle. Her navigators, Cook, Meares, and Vancouver were flying her flag in the Pacific waters, and coasting upon these shores. Spain and England in 1789, the year that the Federal Constitution went into effect, and during the first year of the first term of George Washington, attempted to plant rival settlements at Nootka Sound, on the north Pacific coast, beyond Vancouver Island. The Spanish resorted to force, and captured the English ships, which hostile act invited two English fleets to witness the trial of arms. The younger Pitt was then premier of England, and diplomacy finally led to the Nootka treaty of 1790, concluded through the mediation of Mirabeau, the master spirit of France under Louis XVI. The historian records that five years later Spain withdrew from this section, abandoned her claim to everything north of forty-two degrees, then and now the south boundary of Oregon.

Russia also made claim to this coast, and at one time, by formal decree, announced her rights to the country as far south as forty-five degrees and fifty minutes. John Quincy Adams, then our Secretary of State, disputed this claim; Great .Britain protested, and in 1823 President Monroe emphasized the American protests by proclaiming the famous Monroe doctrine, the substance of which was "That the American continents, by the free and independent conditions which they have assumed and maintained, are henceforth not to be considered as subjects for colonization by any European power." In 1824 it was agreed between Russia and the United States, that this country should make no new claims north of fifty-four degrees and forty minutes, and that Russia should make none south of this famous line.

From this date the great contest for the Oregon Country of history was between England and the United States 346 W. D. FENTON. alone. The Hudson Bay Company was the English agent arid local defender of Great Britain's claims, and the pioneers of the early forties, participated in the struggle for possession of this great domain, in the name of their kindred and country. Charles II. had chartered this com- pany in 1670, Prirfce Rupert being a charter member, from which fact the region was called "Rupert's Land," and the alleged object of the company was to discover a new pas- sage into the "South Sea." the name by which the Pacific was first known. Under the inspiration of a rival move- ment Alexander Mackenzie came from Canada over the Rocky Mountains to the Pacific, and reached its shores July 22, 1793, the last year of Washington's first term. He touched the coast at fifty-three degrees and twenty-one minutes, and was thus within the limits of what we claimed as our territory. The Hudson Bay Company was given great governmental power and its affairs were ably and prudently managed. It ruled an area of the world in these early days one third larger than modern Europe and larger than the United States. From Montreal, the seat of its power, after it absorbed the Northwest Company, to its farthest western port on Vancouver Island, was 2,500 miles, and on the north its boundaries were the limitless frozen waters. Its direct business was the fur trade on land and sea, but its indirect object was conquest for and in the name of the British flag. It cultivated the Indian tribes, and through contact with its hardy and crafty hunters, these powerful tribes were practical allies in the great struggle for territory and power. Their factors were the merchant princes of the early* days and it is recorded that from an original capital stock of $50,820 it tripled twice in fifty years from profits only, and in 1821 had a capital of $1,916,000. It is also said that in 1846, when the English government conceded our claim to Oregon, the property THE WINNING OF THE OREGON COUNTRY. 347- of this company in what was then the Oregon country was valued by if at $4,990,036. Meantime Lewis and Clark in 1804-6, the American Fur Company of St. Louis in 1808, John Jacob Astor in 1810, with his overland expedition and his ships, the Tonquin and the Beaver, the Lark, the builder and founder of As- toria, the restoration of Astoria under the words of the treaty of Ghent of December 14, 1814, which occurred in 1818 when the English flag was hauled down and the Stars and Stripes raised instead these men and these events had done much for the American cause. It was at this time that Rufus Choate said in the senate of the United States : " Keep your eye always open, like the eyes of your own eagle, upon the Oregon. Watch day and night. If any new developments of policy break forth, meet them. If the times change, do you change! New things in a new world. Eternal vigilance is the condition* of empire as well as of liberty." In 1821 Floyd's committee reported to Congress a bill recommending the establishment of small trading guards on the Missouri and Columbia, and to secure immigration to Oregon from the United States and from China. In 1823 a special committee was raised in Congress to consider the military occupation of ,th-e mouth of the Columbia, and it recommended a dispatch of two hundred men overland at once, and two vessels with supplies and stores, and that four or five military posts be established on the Pacific and one at Council Bluffs the latter the frontier post. In 1824 Mr. Rush, the American minister at London, claimed for the United States the country from the forty-second parallel to the fifty-first, to which the English government replied that it would never yield anything north of the Columbia. Presidents Monroe and Adams in 1824 and 1825> respec- tively, in their annual messages recommended a survey of the mouth of the river and the surrounding country, 348 W. D. FENTON. resulting in a bill which was introduced and slept in some dusty pigeonhole until 1828. Thus ^matters rested until the friends of Oregon in Con- gress, notably Thomas H. Benton and Senator Linn of Missouri, many of whose kindred had already hurried into the disputed land, forced the great contending parties to action. From October 18, 1818, to June 15, 1846, the Oregon Country was jointly occupied by the United States and Great Britain, and this was British soil as to the sub- jects of that country and American soil as to those who had been and were born of American parentage or citi- zenship. In the preliminary correspondence between the United States and Great Britain, as conducted by John C. Calhoun as Secretary of State, in his letters to Right Hon. R. Packenham, the British plenipotentiary, dated Sep- tember 20, 1844, and September 3, 1844, the reply to the first, of date September 12, 1844, and as continued by James Buchanan, as Secretary of State, to Mr. Packenham, dated July 12, 1845, and August 30, 1845, and the reply to the first, of date July 29, 1845, the final claims of the two contestants are tersely and clearly stated. These state papers, with a map of the country by Robert Greenhow, compiled from the best known authorities at that time, were published in London at the time. The boundary line of 1818 of the Oregon Country is indicated upon this map, and it began where the present international bound- ary intersects the Rocky Mountains, thence running north- erly into British Columbia along this range of mountains to fifty-four degrees forty minutes north latitude, thence west to the Pacific Ocean, near and north of Dixon chan- nel, thence south along the coast to forty-two degrees, thence east along the north boundary of Mexico to the Rocky Mountains, and thence northerly to the place of beginning. By this map Salt Lake is located in Mexico. The map was lithographed by Day & Haghe, lithograTHE WINNING OF THE OREGON COUNTRY. 349 phers to the Queen, then the good and gracious Victoria, a young queen, aged twenty-six years. The British pro- posal was to limit Oregon to the forty-ninth parallel, where the same is crossed by the Columbia, thence down the Columbia to the sea, excepting that a small circular area from Bulfinch's Harbor to Hood's Canal, as then called, and being the region south and southwesterly from Port Townsend, Wash., was reserved for the United States, but wholly detached from the mainland, and at a point where no harbor exists to-day. The American secretaries based our claim upon prior discovery, and the Spanish and French title, and in part upon the previous treaties. The name of Captain Gray and his discovery of the Columbia are mentioned as strong proof of the American title, and the fact that Captain Meares, the English navigator, failed to discover the same river and gave us a monument to his failure when he named Cape Disappointment and called the inlet opposite the mouth of the mighty river, which he passed by, "Deception Bay." But while Calhouii and Buchanan were fencing in di- plomacy with the representatives of the British crown, and long before, President Polk on August 5, 1846, pro- claimed the treaty with Great Britain by which our title was formally recognized, the pioneers of the great Oregon Country, had taken possession of all this vast domain in the name of their country, and some of them enriched these fertile valleys with the blood of American patriots defending American homes against the Indian savages on the one hand, and the more peaceful aggression of the Hudson Bay Company and other subjects of the British crown. These pioneers as early as July 5, 1845, by their legislative committee, adopted what is now known as the "organic law of the provisional government of Oregon." This document was written by Lee, Newell, Applegate. Smith, and McClure. It was adopted-by the house, or leg350 W. D. FENTON. islative committee, on July 2, 1845, submitted to a vote of the people and carried by a majority of 203 votes. The first attempt at local government in Oregon began in 1841, resulting on July 5, 1843, in an executive and legis- lative committee, the former consisting of three members, and the latter of one member from each district. This was followed by the provisional government under the organic act just mentioned which continued until Gen. Joseph Lane, the first territorial governor, arrived at Oregon City, announced and put into operation the new territorial gov- ernment, established by act of Congress and approved Au- gust 14, 1848. The organic act framed by these illustrious co-workers in the establishment of this Commonwealth breathes the inspiration of the Declaration of Independ- ence, and is grounded upon the laws and constitutions of the older. States, from whence the people had come. It declared that "no person demeaning himself in a peaceful and orderly manner shall ever be molested on account of his mode of worship or religious sentiments." It pre- served the writ of habeas corpus, trial by jury, propor- tional representation of the people in the legislature, and judicial proceedings according to the course of the com- mon law. All crimes were subject to bail except capital offenses, where the proof was evident or the presumption great. All fines should be moderate; no cruel or unusual punishment should be inflicted ; no man deprived of his liberty but by the judgment of his peers or the law of the land ; no property to be taken without compensation ; no law ever to be passed to affect private contracts. Religion, morality, and knowledge being necessary to good govern- ment and the happiness of mankind, schools and the means of education were to be encouraged. Good faith towards the Indians in every way was required. It is worth notice that section 4, article I, of this organic act which reads, "there shall be neither slavery nor involuntary servitude THE WINNING OF THE OREGON COUNTRY. 351 in said territory otherwise than for the punishment of crimes whereof the party shall have been duly convicted," is exactly reproduced in the thirteenth amendment of the Federal Constitution, which emancipated the slave, and which was formally adopted February 1, 1868, r- nearly twenty years later. The same general lines are used in this act as now appears in the State constitution in the main, and it is a model of brief, clear, and intelligent legislation. Strange as it may now seem, this provisional government was supported by the citizens of both coun- tries, and offices under it could be filled by British subjects, who could in their oath of office swear to support the same and the organic law so far as was consistent with their duties as subjects of Great Britain. This organic act was modeled after the articles of compact contained in the ordinance for the government of the territory northwest of the Ohio River, passed July 13, 1787, which articles were extended to the new territory by the act of Congress approved August 14, 1848, which established the territorial government. It must be that some pioneer who helped to frame the act for the provisional government was an adr mirer of the Ordinance of 1787, and had carried with him into this wild and distant land a printed copy of the same. The treaty was signed as before stated, June 15, .1846, the proclamation thereof made by the President August 5, 1846, and yet the act of Congress creating a territorial government for this immense empire was not passed until August 14, 1848, a delay of more than two years. It is thus seen that although the two greatest nations of the earth, then and now, had decided in a formal way that the territory belonged to the United States, the gen- eral government took no direct control over It until this act, and the distinction is ours, that we were neither a state nor a territory for this time. Section 1 of this Federal statute declared that "from and after the passage of this 352 W. D. FENTON. act all that part of the territory of the United States which lies west of the summit of the Rocky Mountains, north of the forty-second degree of north latitude, known as the Territory of Oregon, shall be organized into and constitute a temporary government by the name of the Territory of Oregon." By act of Congress approved March 2, 1853, the Territory of Washington was created out of that por- tion of the Territory of Oregon lying north of the Colum- bia River, from its mouth to the point where the forty-sixth degree of north latitude crosses such river, and from thence eastward to the summit of the Rocky Mountains, and of the territory north of such degree. Under the congressional act Governor Lane appointed Oregon City the place, and July 16, 1849, the time, for holding the first territorial leg- islative assembly. An extra session was called by him at the same place, May 6, 1850, and a second regular session was held there, beginning on the first Monday of Decem- ber, 1850, By act of February 1, 1851, the territorial assem- bly located the seat of government at Salem, and by the act of January 16, 1855, to take effect March 1 following, the seat of government was removed to and located at Corvallis ; and by an act of date December 12, 1855, it was again re- located at Salem, to take effect in three days thereafter. On September 27, 1850, Congress passed the great land act, known as the "Donation Land Law," being the first congressional legislation affecting the public lands in Ore- gon. The policy of Congress was most liberal to settlers in this respect, the act giving to a single person, man or woman, 320 acres, or to a married man, or if he should become married within one year from the first day of December, 1850, -640 acres. It is the only instance in the public land laws where a half-section of land was offered as a reward to the man who should marry, and at the same time allowed him fourteen months in which to do so. THE WINNING OF THE OREGON COUNTRY. 353 The territorial assembly, by an act passed December 12, 1856, authorized a constitutional convention of sixty dele- gates to be chosen at the general election on the first Mon- day of June, 1857. The convention met at Salem on the third Monday of August, 1857, and adjourned September 18,, 1857, having provided for the submission of the con- stitution proposed to a vote of the people at an election to be held November 9, 1857. This constitution was on this day adopted by a vote of 7,195 in its favor and 3,195 against it. The act of Congress admitting Oregon into the Union was approved February 14, 1859, by James Buchanan, the President, thus giving him the double- honor in this, that as Secretary of State under President Polk he had negotiated the treaty with England, by which the United States finally acquired undisputed sovereignty over the. disputed territory, and as President, approved the act which gave the Union another great State. It may be remarked that the constitution as framed, has never been abrogated, modified, or amended excepting any amendment to section 1, article IV, conferring upon the voters the power to enact or veto proposed laws, and is still the organic law of the State. At the time of its submission the slavery question was the burning issue and the ques- tion was submitted therewith, there being 2,645 in favor of slavery and 7,727 votes opposed. George L. Curry was Governor at this time, and B. F. Harding, Secretary of the Territory. The me.mbers of the constitutional convention chosen to represent Yamhill County, and whose names are appended to the document, were J. R. McBride, R. V. Short, R. C. Kinney, and W. Olds. Matthew P. Deady, the pres- ident of the convention, was a delegate chosen to rep- resent Douglas County. Many will remember, also, that John Kelsay was there from Benton ; J. K. Kelly from Clackamas ; John W. Watts from Columbia; Stephen F. Chadwick from Douglas ; P. P. Prim and John H. Reed 354 W. D. FENTON. from Jackson ; Delazon Smith from Linn ; I. R. Moores, W. W. Bristow, and Enoch Houit from Lane ; L. F. Grover, George H.Williams, Richard Miller, and John C. Peeples from Marion ; David Logan from Multnomah ; Thomas J. Dryer from Multnomah and Washington; Reuben P. Boise, B. F. Burch, and Fred Waymire from Polk; Jesse Applegate from Umpqua; E. D. Shattuck from Washing- ton. These twenty-six names have become a part of the public history of Oregon, and these men are widely known. Nearly all of the number have joined the silent dead, a few remain. It would be invidious to speak in detail of their achievements. As early as March 16, 1838, J. L. Whitcomb and thirty- five other settlers prepared a memorial to Congress and the same was presented in the senate January 28, 1839, by Senator Linn, the object being to show the United States the necessity of action. In June, 1840, Senator Linn presented a second memorial signed by seventy citi- zens requesting Congress to establish a territorial govern- ment in Oregon Territory. On February 14, 1841, a meeting was called at Champoeg, Marion County, for the purpose of consultation as to what should be done towards a local government. Rev. Jason Lee was made chairman of the meeting. After the funeral ceremonies over Ewing Young were ended another meeting was held looking to the same end. This meeting decided upon a legislative committee as a governing body, a governor, a supreme judge, three justices of the peace, three constables, three road commissioners, an attorney general, a clerk of the courts, a treasurer, and two overseers of the poor. Being unable to agree upon a candidate for governor, the duties of that office, devolved upon Dr. I. L. Babcock, chosen as the first supreme judge. The majority of the people in the territory at that time were either connected with the THE WINNING OF THE OREGON COUNTRY. 355 missions, either Protestant or Catholic, the Hudson Bay Company, or were French Canadians. It is said that the first regular emigration from the United States to this disputed and doubtful territory came in 1841. Senators Linn and Benton of Missouri, by their enthusiastic and noble defense of our rights to this coun- try, encouraged and inspired much of the early emigra- tion. It is fitting that to-day the two valley counties, Benton and Linn, should perpetuate in grateful remem- brance the names and deeds of these illustrious defenders of American control in this great contest. Senator Linn in 1842 introduced a bill granting donations of public lands to settlers, but because of his death October 3, 1843, generous land legislation was temporarily postponed. The most authentic records show that there were only 111 persons in the emigration of 1841 ; that of 1842 only 109, 55 of whom were over eighteen years of age. The train of 1842 left Independence, Mo., May 16, with only sixteen wagons. F. X. Matthieu and Medorum Crawford were leading spirits in this movement that year. Captain Crawford has left a written record of the names of those above the age of eighteen years, some of whom we have known as residents of Yamhill County. There was A. L. Lovejoy, for many years a leading figure at Oregon City, T. J. Shadden, whose donation is situated less than two miles northwesterly from McMinnville. He was also with General Fremont in 1846. There were Andrew Smith, Darling Smith, and David Weston. The party arrived at Oregon City, October 5, 1842-. Captain Crawford records the fact, of great interest to us, that within the present limits of Yamhill County, the only settlers he could re- member who were then living in the county were Sidney Smith, Amos Cook, Francis Fletcher, James O'Neill ; Joseph McLaughlin, Mr. Williams-, Louis La Bonte, and George Gay. Sidney Smith settled in the Chehalem Val356 W. D. FENTON. ley; Amos Cook and Francis Fletcher settled south of Lafayette and immediately adjoining thereto ; George Gay near the present boundary line between the counties of Polk and Yamhill and near the road leading to Salem from Lafayette and Dayton. David Hill, Alanson Beers, and Joseph Gale were chosen the first executive committee on July 5, 1843. A. E. Wil- son was chosen as the next supreme judge. The emigra- tion of 1843 was the most important in the history of this controversy. The emigrants assembled near Independ- ence, Mo., and on May 17, 1843, a preliminary meeting was held there to organize for the journey. Peter H. Bur- nett was a speaker at this gathering and was chosen cap- tain of the train. On May 20, 1843, the train started, having as a guide an army officer, Capt. John Gantt, who knew the country as far west as Green River. Dr. Marcus Whitman and A. L. Lovejoy met the emigrants en route and guided them from Green River to The Dalles, al- though Doctor Whitman was compelled to leave the train at Fort Hall, preceding them to Walla Walla. Senator James W. Nesmith was a conspicuous figure in that party of brave men and women, and has left a record of every male member of the emigration of that year. In that roll of honor are the names of many whom the people of Yamhill County know and who are really arid truly "the pioneers." There is Jesse Applegate, William Ar- thur, Peter H. Burnett, the first governor of California, Andrew J. Baker, still living at McMinnville, John G. Baker, once sheriff of this county and whose donation lies less than a mile north of McMinnville ; John B. Penning- ton, whose donation lies about two miles southwest of Carlton, whose daughter, Mary J. Crimmins, still living on part of the claim, was born en route, at Ash Hollow, on North Platte, July 6 ; Miles Carey, whose widow, Cyrene B. Carey, in a good old age, lives at Lafayette, and was THE WINNING OF THE OREGON COUNTRY. 357 one of the party herself, Daniel Cronin, Samuel 'Cozine, whose donation is the site of the Baptist College at Mc- Minnville, and who passed away in 1897 ; Ransom Clarke, Thomas Davis, the three Delanys, Nine van Ford. Ephriam Ford, Charles Fendall, Enoch Garrison, W. J. Garrison, Andrew Hembree, J. J. Hembree, James T. Hembree, A. J. Hembree, W. C. Hembree, Abijah Hendricks, whose donation lies north of Lafayette about four miles ; Joseph Hess of East Chehalem, Jacob Haun, whose donation lies west of Lafayette; Henry Hill, Almoran Hill, Henry Hewett, John Holman, Daniel Holman, who still lives and who has a donation about six miles southwest of McMinn- ville ; G. W. McGarey, the five Mathenys, Elijah Millican, whose donation lies just west of Lafayette; Madison Malone, whose donation lies about a mile northeast of McMinn- ville ; W. T. Newby, who founde'd and named McMinnville from a town of that name in Tennessee and whose dona- tion is the site of the city; Thomas Owen, whose claim is south and west of that of Samuel Davis ; the Waldos of Marion; N. K. Sitton, whose donation is west of Carlton three or four miles. There are many others whose names have been written in the history of the State, and some others perhaps whom I do not recall who may have settled in this section. When these early pioneers arrived they found some whose names are familiar ; Medorum Craw- ford, Francis Fletcher, Amos Cook, George Gay, Sidney Smith, Darling Smith, and F. X. Matthieu, already men- tioned, and in addition thereto the various missionaries and men connected therewith. There were but three legislative districts at the general election on the 14th day of May, 1844, and they were Tual- atin, Champoeg, and Clackamas. Yamhill County was in- cluded in the first named, which also embraced Washing- ton, Multnomah, Columbia, Clatsop, Tillamook, and Polk, as now described. Champoeg district embraced what is 358 W. D. FENTON. now Linn, Marion, Lane, Josephine, Coos, Curry, Benton, Douglas, and Jackson counties; the Clackamas district included what is now Clackamas County, eastern Oregon, a portion of Montana, and all of Idaho, and Washington. At this election 15 to 22 votes were cast in the entire Tualatin district, and 140 to '244 in the entire country for candidates. Ira L. Babcock was elected supreme judge at this time, receiving in the entire Oregon Country 88 votes as against 39 cast for James W. Nesmith. The first speaker chosen was M. M. McCarver, and was so elected at the session of the legislative committee held at Willamette Falls June 18, 1844. All legislative acts were framed by this committee, but were required to be submitted to the people for popular approval before going into effect. The emigration of 1844 added about 800 people to the American population. The starting point were Independence, Mo., the mouth of the Platt and Capler's Landing near St. Joseph. There were three trains or divisions, commanded respectively by Cor- nelius Gilliam, Nathaniel Ford, and Major Thorp. In that year came Joel Chrisman, Gabriel Chrisman, William Chrisman, the Goffs of Polk, Daniel Durbin of Marion, the Gilliams, the Fords, the Gerrishs, Jacob Hoover of Washington, now dead, Joseph Holman, George Kibbler, G. L. Rowland, at one time living east of Carlton, James Johnson and wife, John Perkins, whose donation is located near North Yamhill; Daniel Johnson, now dead, whose donation lies immediately northwest of Lafayette and upon which the Masonic cemetery is located, Elzina John- son, his widow, who is still living at Lafayette ; John Minto of Salem ; the McDaniels of Polk ; Nehemiah Martin, whose sons live near McMinnville ; Luke Mulkey, George Nelson, the venerable "Uncle George," whom many of us knew years ago at Lafayette ; and J. C. Nelson, his son, still living at West Chehalem. There was also Ben THE WINNING OF THE OREGON COUNTRY. 359 Robinson, whose donation is just south of Dayton, Joseph Watt of Amity, who is now dead, and Benjamin and Vin- cent Snelling. Jeremiah Rowland, for many years famil- iarly known as Judge Rowland at McMinnville, and long since passed away, was in the party. James Marshall, the man who discovered gold at Sutter's mill in California and which event made that State a world-wide fame, was also an emigrant this year, coming first to Oregon. There was Thomas C. Shaw of Marion, the Eades, the Nichols broth- ers, J. S. Smith, elected to Congress in 1868, Samuel Mc- Swain, Alanson Hinman, John Bird, who died at Lafayette a few years ago and whose donation lies a short distance north of Dayton and east of Lafayette, Charles Burch of Amity, all names closely and honorably identified with .the pioneer history of this State. The first annual election was held June 3, 1845, at which George Aberriethy was elected governor, receiving only 46 votes from Clackamas, 58 from Tualatin, 51 from Cham- poeg, 22 from Clatsop, and 51 from Yamhill. The total vote cast was only 504. J. W. Nesmith was elected su- preme judge, receiving 473 votes and having no opposi- tion. Joseph L. Meek received 267 votes for sheriff to 215 cast for A. J. Hembree, the latter receiving 61 votes in Yamhill to 15 for Meek. Among the representatives chosen at that election was Abijah Hendricks, who was chosen to represent Yamhill district, receiving every vote polled at the time and which was only 38. The legisla- ture consisted of thirteen members, remaining in session .two weeks at Oregon, City and began its session June 24, 1845. The memorial to Congress was framed by this body, dated June 28, 1845, signed by the members, and in addition thereto by Osborn Russell and P. G. Stewart, of the executive committee, and Judge J. W. Nesmith. Mr. Russell had just been defeated by Abernethy for the office of governor, whose friends by his consent, threw 360 W. D. FENTON. their vote against A. L. Lovejoy, who was the regular nominee of the convention held at Champoeg. This leg- islature selected Dr. Elijah White to convey the memorial to Washington, adjourned to August 5, 1845, passed a law making wheat a legal tender at the market price, and ad- journed sine die August 20, 1845. On December 2, 1845, under the new constitution, adopted July 5, 1845, the same body met, held a session of seventeen days, created the county of Polk, and also Lewis County, the latter embracing at that time all of Washington west of the Cascades. Sheriff Meek took a census in 1845 of the population in the five districts, ex- clusive of the region east of the mountains and north of the Columbia. The returns show 18 housekeepers in Clackamas, 24 in Champoeg, 17 in Clatsop, 14 in Tualatin, and 16 in Yamhill. There were 109 heads of families in Yamhill and 405 in the five districts. There were 419 males and 382 females under twelve years of age, of which there were 79 males and 65 females in Yamhill. There were 117 males and 103 females in the five districts over twelve and under eighteen years, of which 31 males and 24 females were in Yamhill. There were 615 males and 322 females over eighteen and under forty-five in the five districts, 124 males and 57 females of which were in Yam- hill. There were 110 men and 41 women forty-five years old and over in the five districts, of which 25 men and 9 women resided in Yamhill. The total population in the five districts was composed of 1,259 males and 851 females, of which 257 males and 158 females lived in Yamhill. Only 415 people at that time in the entire county, ex- tended as its area then was, and of this number only 147 were men, including boys over eighteen years of age. How widely separated were they, and what attachments grew up between these hardy adventurers, far from their kindred and not knowing whether they were living in a THE WINNING OF THE OREGON COUNTRY. 361 country ultimately to be ruled and controlled by the Union or the British crown, surrounded by hostile and numerous Indian tribes, deprived of the comforts of civilization, these early builders of a great State deservedly hold an exalted place in the history of Oregon. There was, in addition to this, active opposition to the formation of any local government by many of the subjects of Great Britain, notably the Canadians, who held a public meeting at Champoeg, March 4, 1843, and issued an address couched in friendly terms, but most unmistakably hostile to the action of the Americans who were attempting to organize a provisional government. The eleventh paragraph of this address is a succinct statement of their position, and reads : "That we consider the country free, at present, to all nations, till government shall have decided ; open to every individual wishing to settle without any distinction of origin and without asking him either to become an English, Spanish, or American citizen." The legislative committee recommended that four districts be created, and the boundaries of the Yamhill district, as defined by their report adopted by the people July 5, 1843, embraced all the country west of the Willamette or Multnomah River, and a supposed line running north and south from said river, south of the Yamhill River to the parallel of forty-two degrees north latitude, or the boundary line of the United States and California, and east of the Pacific Ocean. The Tuality district embraced all of the country north of the Yamhill River, east of the Pacific Ocean and south of the northern boundary of the United State's. In a message of the executive committee of date De- cember 16, 1844, addressed to the legislative committee and signed by Osborn Russell and P. G. Stewart, this language, which at this date sounds like romance, was used : "The lines defining the limits of the separate claims of the United States and of Great Britain to this portion 362 W. D. FENTON. of the country had not been agreed upon when our latest advices left the United States, and as far as we can learn, the question now stands in the same position as before the convention in London in 1818." After stating that ne- gotiations had thus far failed of agreement between the two countries, the message proceeds : "And we find that after all the negotiations that have been carried on be- tween the United States and Great Britain, relative to settling their claims to this country from October, 1818, up to May, 1844, a period of nearly twenty-six years, the question remains in the following unsettled condition, namely, neither of the parties in question claim exclusive right to the country lying west of the Rocky Mountains between the parallels of forty-two degrees and fifty-four degrees and forty minutes north latitude, and bordering on the Pacific Ocean, but one claims as much right as the other, and both claim the right of joint occupancy of the whole without prejudice to the claims of any other state or power of any part of said country." In another part it reads: u We are informed that the number of emi- grants who have come from the United States to this country during the present year amounts to upwards of 750 persons." The message concludes : "As descendants of the United States and of Great Britain we should honor and respect the countries which gave us birth ; and as citizens of Oregon we should, by a uniform course of pro- ceeding and a strict observance of the rules of justice, equity, and republican principles, without party distinc- tions, use our best endeavors to cultivate the kind feeling, not only of our native countries, but of all of the powers or states with whom we may have intercourse." This remarkable document was listened to at the time by Peter H. Burnett, David Hill, M. M. McCarver, Mr. Gil- more from Tuality district, A. L. Lovejoy from Clackamas, Daniel Waldo, Thomas D. Keizer, and Robert Newell of THE WINNING OF THE OREGON COUNTRY. 363 Champoeg, at the residence of J. E. Long at Oregon City. These men composed the duly elected legislative com- mittee, and were holding an adjourned session of the same body that had been in session in June and July preceding. They adjourned sine die the day before Christmas, 1844. The Yamhill district was not represented at this session, but at the second session, which convened June 24, 1845, at Oregon City, Jesse Applegate and Abijah Hendricks were the members from this district. There were thirteen members in this body and five counties or districts were represented. M. M. McCarver was chosen speaker from Tuality, being his second term in that capacity. On July 3, 1845, on motion of William H. Gray of Clackamas, the following resolution was adopted: Resolved, That a committee of one from each county be appointed to report a bill for the protection of this colony; the building of block- houses, magazines, and the revision of the military laws; and make such suggestions to this house as they may deem important or neces- sary for the peace and safety of the colony. On August 18, 1845, Governor Abernethy sent a message to the house, in substance saying that he had received an answer from Col. Nathaniel Ford declining the office of supreme judge, and the Oregon, archives record that "on motion the house went into secret session to fill the office of supreme judge of Oregon, which resulted in the choice of P. H. Burnett." The session adjourned sine die August 20, 1845. Absalom J. Hembree represented Yamhill County at the session which convened at the hotel in Oregon City, December 1, 1846, fourteen members being present. A. L. Lovejoy was elected speaker, and on the second day it was Resolved, That the editor of the Oregon Spectator be allowed a seat at the clerk's table for the purpose of reporting the proceedings, of the present legislature. The message of Governor Abernethy, dated December 1, 1846, says: "The boundary question, the question of 364 W. D. FENTON. great importance to us as a people, there is every reason to believe is finally settled," and relies for his authority upon the Polynesian, a paper published August 29, 1846, in the Sandwich Islands, which extract quoted reads : "The senate ratified the treaty upon the Oregon question by a vote of 41 to 14." The Governor proceeds to say that the Polynesian credits this news item to the New York Gazette and Times of the issue of June 19, and he adds : "Should this information prove correct, we may shortly expect officers from the United States Government to take formal possession of Oregon and extend over us protection we have long and anxiously looked for." Speaking of the emigration of 1846, the Governor says: "Another emi- gration has crossed the Rocky Mountains, and most of the party has arrived in the settlements. About 152 wagons reached this place very early in the season via Barlow's road, for which- a charter was granted him at your last session. About 100 wagons are on their way, if they have not already reached the upper settlements by the southern route. They have no doubt been detained by traveling a new route. The difficulties attending the opening of a wagon road are very great and probably will account in some measure for their detention. The emi- gration falls very far short of last year, probably not numbering over 1,000 souls. This is accounted for by a great part of the emigration turning off to California. We trust that those coming among us may have no cause to regret the decision that brought them to Oregon." There were sixteen members in this house. In his message to the legislature of date December 7, 1847, Governor Abernethy says: "The emigration the past season has been much larger than any preceding one, amounting to between 4,000 and 5,000 souls. They have all arrived in the settlements, unless a few families should still be at The Dalles and Cascades, and scattered themTHE WINNING OF THE OREGON COUNTRY. 366 selves over the territory. The most of them are farmers and mechanics : They will add much to the future welfare aud prosperity of Oregon." He complains of the long delay upon the part of the United States in assuming Fed- eral control, and excuses this by attributing the same to the war with Mexico, then not concluded, as he states. In the house, which convened at Oregon City, Decem- ber 7, 1847, there were eighteen members, A. J. Hembree and L. Rogers representing Yamhill County. On Wednes- day, December 8, 1847, the journal recites that "The ser- geant-at-arms announced a special communication from the Governor, which was read by the clerk, consisting of a number of letters from messengers of the forts on the Columbia, announcing the horrid murder of Doctor Whit- man, family, and others, accompanied by a letter from the Governor, praying the immediate action of the house in the matter/' Mr. Nesmith offered and there was adopted a resolution requiring the Governor to provide arms for, and equip and dispatch not to exceed fifty men, armed with rifles, to occupy the mission at The Dalles and wait for reinforcements there. This legislature commissioned Joseph L. Meek a special messenger to go to Washington to implore Federal aid in the suppression of the Indian uprising, and a resolution was passed on the day before Christmas, 1847, respectfully inviting and requesting the commander-in-chief of the United States land and naval forces in California and the American Consul at the Sand- wich Islands to render all the assistance in their power. Medorum Crawford was a member of the body represent- ing the county of Clackamas. Mr. Hembree, represent- ing Yamhill County, introduced and had passed a bill to locate a territorial road from Linn City, Tuality County, to Zed Martin's in Yamhill County. But few of us know where this would now be, although it is believed that Linn City was just opposite Oregon City, and Zed Martin's was 366 W. D. FENTON. perhaps near McMinnville. On Tuesday, December 5, 1848, the legislature again assembled at Oregon City, A. J. Hembree, L. A. Rice, and William J. Martin being the rep- resentatives from Yamhill County. Samuel R. Thurston, the first territorial delegate to Washington, was then a member from Tuality, and George L. Curry from Clacka- mas. There were twenty-one members elected to this body. Peter H. Burnett had been again elected as a member from Tuality, but he had resigned and gone to California be- fore the session. In view of the legislative muddle in this State in 1897 it may be interesting to note that on De- cember 8, 1848, this legislative body adopted a resolution authorizing and requiring the arrest of William J. Baily, William Porter, and Albert Gains of Champoeg County, Anderson Cox of Linn County, and Harrison Linville of Polk County. These members, although the resolution recites that they were duly elected and entitled to seats, were treated as members and the sergeant-at-arms was given a writ of attachment for their arrest. They were, promptly arrested as far as found. The members so ar- rested presented excuses, these were accepted, and the members seated. This w r as all done before a speaker was elected, and as a matter of right founded upon plain prin- ciples of parliamentary law. Being unable, however, to procure the attendance of sixteen members at that time necessary to form a quorum, the unorganized house ad- journed to February 5, 1849. On that day Governor Abernethy delivered his annual message into the hands of the sergeant-at-arms, who delivered the sealed docu- ment to the speaker, and the clerk read the same to the members. The Governor notes the fact that the legisla- ture had convened in special session for the purpose of transacting the business of the regular session, but which had failed because that session was not attended by a suffi- cient number to make a quorum. He communicates the THE WINNING OF THE OREGON COUNTRY. 367 fact thai-Congress had passed an act creating a territorial government. It is also stated that the expenses for serv- ices of private soldiers and noncommissioned officers in the Indian war, which had been concluded, was $109,311.50, allowing $1.50 per day per man, as authorized by the act of December .28, 1847. Medorum Crawford on Thursday, February 15, 1849, introduced his written protest, saying that he voted "no" on the passage of an act to provide for the weighing and assaying of gold, melting and stamp- ing, the same, because the act authorized the coining of money and was therefore contrary to the Constitution of the United States, because he believed an officer of the United States would soon arrive, whose duty it would be to prohibit the operation of a mint, and because he believed the act inexpedient. William J. Martin also protested, giving as reasons the same as those given by Captain Crawford, but added: "Because it is making this Terri- tory a shaving machine by allowing sixteen dollars and fifty cents per ounce." On December 12, 1846, the Governor approved an act of the legislative committee by which a territorial road was authorized, "commencing at the town of Portland on the Willamette River, proceeding thence the nearest and. best way to where the present road crosses Tuality River near the residence of David Hill, at what is commonly called the ' new bridge,' thence the nearest and best way to the falls below the forks of Yamhill River, thence the nearest and best way to the mouth of Mary's River in Polk County." Joseph Avery of Polk, Sylvanus Moon of Yam- hiH, and Joseph Gale of Tuality were named as commis- sioners to locate this road, and they were to be governed by an act of the Territory of Iowa, approved December 29, 1838. The north boundary line of Yamhill County was fixed by an act December 11, 1846, as commencing at a point opposite the mouth of Pudding River, thence 368 W. D. FENTON. northwest on top of the main ridge dividing the waters of the Tuality River from the waters which flow into Che- halem Valley, thence along the dividing ridge near Jesse Cayton's in a straight line to the top of the dividing ridge between the waters of the rivers of Yamhill and Tuality to the top of the mountain between said river, thence west to the Pacific Ocean." An earlier act approved De- cember 19, 1845, defined the boundaries of the various districts or counties, but the north boundary of Yamhill County, as thereby defined, began in the middle of the main channel of the Willamette River, one mile below the Butte and ran due west to the Pacific Ocean, thus cutting off all the North Yamhill country and a portion of West Chehalem. On June 26, 1844, an act was passed whereby Ransom Clark, H. J. Hembree (evidently intended for A. J. Hem- bree), and Joel Palmer were designated and appointed commissioners 'to view out and mark a way for a road from the Willamette Falls to the falls of the Yamhill River, and required to report to Amos Cook, who was by the same act appointed overseer of the road and required to open the same. It was further provided that all the hands re- siding in Yamhill County and all residing near the Yam- hill River, but living in Tuality County, be assigned to said overseer to work upon the opening of this highway. On January 2$, 1853, the legislative assembly of the ter- ritory, then composed of a house and council, and while B. F. Harding was speaker of the house and M. P. Deady president of the council, passed an act whereby Joseph Garrison, Daniel Matheny, Mr. Leig, and J. B. Chrisman were as commissioners authorized to view and locate a territorial road from Salem to Dayton, crossing the Willamette at Daniel Matheny's ferry, then located at Wheatland. . THE WINNING OF THE OREGON COUNTRY. 369 But let us not forget to mention the emigration subse- quent to 1844, and particularly some whose names are familiar to all. It is estimated that about two thousand people were added to the territory by this year's influx, among them J. C. Avery, John Waymire, Frederick Way- mire, Stephen Staats, John Durbin, William J. Herrin, Gen. Joel Palmer, John M. Forrest, James Allen, G. H. Baber, J. M. Bacon, Caroline E. Bailey, now Mrs. Dr. J. W. Watts, William G. Buffum, who was 40 years old when he arrived, but whom we of the younger generation knew as a good old man, many years a resident of Amity ; Benja- min F. Burch, now dead, adjutant in the Cayuse war and captain in the Yakima war; he was a member of the con- stitutional convention and of the first state legislature; J. J. Burton, whose donation adjoins North Yamhill. The Cornelius family of Washington County came this year also. There was Amos Harvey, W. Carey Johnson, and Daniel H. Lownsdale. General Palmer came to the Terri- tory this year, but returned for his relatives and family, who came with him in 1847, and with this party came Geer and Grim of Marion, and the Grahams and the Collards and Christopher Taylor. Colonel Taylor lies buried in the Dayton cemetery. General Palmer was quartermaster and commissary general, and served throughout the Cayuse war. James W. Rogers, whose donation lies just southwest of McMinnville, came this year. Mrs. B. F. Hartman, Mrs. J. T. Fouts, Mrs. J. J.Collard,and R. Gantt are enrolled in the pioneer association of Yamhill County as belonging to the emigration of 1845. There are, no doubt, others whose names I have been unable to obtain. It is impossible to give in detail the names of those who came in 1846. The printed report of the proceedings of the Yamhill County Pioneer Associaiion, recorded at the annual meeting June 26, 1896, gives but a partial list of that and subsequent years. Glenn 0. Burnett, the pioneer minister of the 370 W. D. FENTON. Christian Church, with his family, came in 1846. His daughter, Martha E. Holman, wife of Daniel S. Holman, still survives her beloved father, who died in California several years ago. Mrs. Holman, until recently, resided on her original donation. Another daughter, Mrs. Charles B. Graves, died at Independence this year. George W. Burnett, with his family, came that year. He was born in Tennessee in 1811, served as captain of a company of volunteers, organized in this county and Washington, and led them to the front in the Cayuse war. His venerable widow, Sydney A. Burnett, survives him and at the age of 89 lives at Albany. Samuel Davis, whose donation lies just southwest of McMinnville, the Davis brothers, A. C., Levi, John B., and William, his sons, J. W. Shelton, J. TV Simpson, Mrs. D. W. Laughlin, and Joseph Kirkwood are also mentioned as coming this year. Mrs. Emily J. Snel- ling, at one time secretary of the Yamhill County Pioneer Association, is enrolled as a member. Robert Henderson, whose donation lies west of Amity about three miles and who has been dead some years, was a pioneer of 1846. There is also A. L. Alderman of Dayton, whose donation joins Dayton on the north. Dr. James McBride, father of United States Senator George W. McBride, at one time United States minister to the Hawaiian Islands, came this year at the age of about 40. He died at St. Helens, De- cember 18, 1875. His donation lies nearly west of Carlton about four miles. Here the personal narrative, so interesting to me. must from necessity end. The year 1846 was the turning point in the history of the Oregon question, and while those pioneers who came afterwards and here helped to rear and found a State, deserve to be and are remembered for their deeds of bravery, self-sacrifice, and devotion ; they came to a country whose title had been settled in favor of the- United States, from whence they came. They did not, as f THE WINNING OF THE OREGON COUNTRY. 371 those before them, venture into the Oregon Country not knowing whether the struggle would end in their com- plete surrender to and subjugation by the British crown. They knew they were to always remain Americans, and that they and their children should not cease to follow the American flag, and help to form and execute the laws of a common country. In this year began the war with Mexico, which gave us Texas and California. The polit- ical convention which nominated James K. Polk for pres- ident, instructed its candidate to take advanced ground for immediate reannexation of Texas, and reoccupation of Oregon. His party claimed Oregon under the Louisiana purchase, concluded in 1803 by Mr. Jefferson. It declared with vigor that our title up to fifty-four degrees and forty minutes north latitude was clear and undisputable. Elected on this issue and kindred questions Mr. Polk in his inaugural address, as Mr. Elaine says : "Carefully re- affirmed the position respecting Oregon, which his party had taken in the national canvass and quoted part of the phrase used in the platform put forth by the convention which nominated him." It was resolved to give notice to Great Britain that the joint occupation under the treaty of 1827 must cease. John Quincy Adams, then a member of the house of representatives and ex-president of the United States, who had negotiated the first treaty while he was Secretary of State, and the second while he was .President, supported the claim of our government up to fifty-four degrees and forty minutes in a very able and eloquent speech in Congress. He was of course a Whig, and Mr. Polk a Democrat, and by his powerful aid the resolution to give notice passed the house February 9, 1846, by a vote of 163 to 54. It will be remembered that Henry Clay, the most brilliant statesman of our country, had been defeated by Mr. Polk and the Whigs felt cha- grined at the result. They were inclined to chide their 372 W. D. FENTON. opponents with cowardice when it became apparent that to assert our title to fifty-four degrees and forty minutes might lead to war with Great Britain unless a compromise could be effected. Texas was also considered more im- portant by the pro-slavery element, and this encouraged the northern Whigs to hope for an addition of northern territory to maintain the progressive balance between free and slave territory. Mr. Webster, then a senator, read a carefully written speech urging a settlement on the forty- ninth parallel as honorable to both countries. Mr. Ber- rien of Georgia urged this as the rightful line, making an exhaustive argument. Mr. Crittenden of Kentucky, the home of Clay, urged the same position. The senate de- feated the house resolution, passing a substitute leaving the giving of notice to quit to Great Britain to the discre- tion of the President, in which the house concurred. Mr. Blaine, in his "Twenty Years of Congress," speaking of the Washington treaty of June 15, 1846, says : "This treaty was promptly confirmed by the senate, and the long con- troversy over the Oregon question was at rest. It had created a deep and widespread excitement in the country, and came very near precipitating hostilities with Great Britain. There is no doubt whatever that the English government would have gone to war rather than surrender the territory north of the forty-ninth parallel. This fact had made the winter and early spring of 1846 one of pro- found anxiety to all the people of the United States, and more especially those who were interested in the large mercantile marine, which sailed under the American flag! Taking the question, however, as it stood in 1846, the set- tlement must, upon full consideration and review, be ad- judged honorable to both countries." In March, 1847, Senator Benton gave a public letter to Mr. Shively, intended to encourage the settlers in Oregon in respect to early congressional action creating a territoTHE WINNING OF THE OREGON COUNTRY. 373 rial government. He explains the reason for the long delay and closing says : " In conclusion I have to assure you that the same spirit which has made me the friend of Oregon for thirty years which led me to denounce the joint occupation treaty the day it was made, and to oppose the renewal in 1828, and to labor for its abrogation until it was terminated ; the same spirit which led me to reveal the grand destiny of Oregon in articles written in 1818, and to support every measure for her benefit ever since the same spirit still animates me and will continue to do so while I live which I hope will be long enough to see an emporium of Asiatic commerce at the mouth of your river, and a stream of Asiatic trade pouring into the val- ley of the Mississippi through the channel of Oregon." In the great debate which preceded the passage of the act of August 14, 1848, to establish the territorial government. Calhoun and Butler of South Carolina, Davis and Foote of Mississippi, and Hunter and Mason of Virginia were pitted against the bill because of the clause prohibiting slavery, taken from the Ordinance of 1787. Their worthy opponents and friends of the measure were Douglas, Ben- ton, Webster, and Corwin of Ohio. And such, is in brief the story of the struggle for Ore- gon. Such is a part of the early work done by the pioneers in the various forms of legislative, executive, and judi- cial work. These interesting historic records read like a romance, and I am* slow to leave them to be retraced by others. The chapter of international events closes with the decree of the German Emperor given at Berlin, Octo- ber 21, 1873. defining the meaning and extent of the boundary, as given in the treaty of June 15, 1846, declar- ing that the disputed line should be drawn through the Haro Channel. How great a part of the nation's history is bound up in that of Oregon! Events are only great judged by the re374 W. D. FENTON. suits. The chief battles of the world are remembered be- cause they marked division of empire ; end of dynasty or surrender to the victors. The heroic deeds of the pioneers of Oregon will never cease to inspire new courage and new patriotism, and to merit unstinted praise and permanent renown. The histories of our country are replete'with the cruel butcheries inflicted by the Indians upon our ances- tors who settled and subdued the wilds of Virginia, the Carolinas, Kentucky, and Tennessee. The annals of the Indian wars of New England, New York, and the Middle States continue to startle and thrill the American youth. But the pioneers of Oregon risked these dangers and shared with each other these experiences, thousands of miles from kindred and native land. They not only. faced the Indian foe, but they were the watchmen upon this far western coast, commissioned to do their part in the great international struggle between the mother country, the Union, and the British crown. When General Fremont overtook the emigrant train of 1843 at Bear River, near Fort Bridger, he found two brave, patriotic American women, who were moving towards Oregon with their hus- bands and little children. Mrs. Gyrene B. Carey, whom I have already mentioned, had just lost a little daughter, three years old, buried there in that Indian country. As the company of soldiers approached the alarm was given that the Indians were. coming. Some of the men in the train were without bullets, and while they corralled the cattle, she and Mrs. A. J. Hembree moulded bullets for them. Mr. Gray came to the Carey wagon wanting to borrow a gun, whereupon her husband, Miles Carey, told him. he could have hers. She replied, "No, you can not have my gun, for I am going to fight for my little ones and need my gun." Just then the American flag and the soldiers came into plain view, and the brave woman did not do more. A few da) s ago I stood in the cemetery at JacksonTHE WINNING OF THE OREGON COUNTRY. 375 ville, and over the graves of Mr. and Mrs. Harris and their daughter Mary. A friend, who was a soldier in the Rogue River war of 1855, was with me. He, with a party of volunteers from Jacksonville, had rescued the mother and daughter from death and the body of the husband from mutilation. The story of their lives was brief and touch- ing. On the 8th of October, 1855, the Indians had attacked them, killing a Mr. Reed, who lived with the family, carry- ing off, and no doubt killing, the little son of Mr. Harris, for he was never found. Mr. Harris was surprised, and as he retreated into his house wounded by the Indians, shot in the breast. His wife, with courage and bravery, closed and barred the door, and, in obedience to her hus- band's advice, brought out the arms which they had a rifle, a double-barreled shotgun, a revolver, and a single- barreled pistol and opened fire upon the murderous savages. Previous to this the little girl had been wounded in the arm and fled into the attic. For several hours she kept them at bay, although her husband had lived but a little while. She loaded her weapons and kept up a steady fire there alone with a twelve-year-old girl wounded her husband dead, her ten-year-old boy captured. She kept them at bay until nightfall. Under cover of the night she stole out of the house, taking her only remaining child with her and hiding themselves in the underbrush until next day they were rescued by the volunteers. Standing beside her grave I could not repress the unbidden tear, for my heart was touched by the simple story of a brave pioneer woman's defense of her humble home, her chil- dren and her life. To found a State, to build a common- wealth, to establish the national claim, to build American homes in this great unknown country, was the mission of these men and women. Have they not builded wisely and well? The matchless genius of Daniel Webster has made immortal the anniversary of the first settlement of New 376 W. D. FENTON. England in his great masterpiece, delivered on Plymouth Rock at the age of 38, December, 22, 1820, nearly eighty years ago. He there said: "We feel that we are on the spot where the first scene of our history was laid ; where the hearths and altars of New England were first placed ; where Christianity and civilization and letters made their first lodgment in a vast extent of country, covered with a wilderness and peopled by roving barbarians." Speaking of the pilgrims of the Mayflower, he said, "They came hither to a land from which they were never to return. Hither they had brought and here they were to fix the hopes, the attachments, and the objects of their lives." The words fitly describe the pioneers of Oregon. A cen- tury from now some future Webster, perhaps, in these sacred valleys, in some crowded forum, or some secluded spot, to generations yet unborn, may immortalize the deeds and achievements of these men and women, some of whom, bent with age, are still living. Their ranks are fast thinning, and in the course of nature, their race is nearly run. Let their honors rest upon them. We owe them more than we can ever repay. They were perhaps, many of them, unlettered men, unskilled in the arts of diplomac} 7 , untutored in the devious ways of craft, but they were men of courage, devotion, honor, and truthful- ness. Let us receive from them the blessings of a civil government, founded and defended by the bravest of Americans, and consecrated to liberty by their struggles, privations, and losses. Let us each year, as they become few upon earth and many on the other side, meet to commingle our words of praise, and add something to the glorious archives of the country. Turn backward the dial of time fifty years, and look upon this beautiful valley, these hills, verdant with nature, these skies perfect in a summer sun. or jeweled with a myriad of friendly stars! At that time there was no busy city, no mark or hand of THE WINNING OF THE OREGON COUNTRY. 377 man, other than here and there a rude cabin, telling the wary savage or the lonely settler that within its walls the dreams of empire filled the brain of the pioneer. Here in these early days, upon the pathless prairies, and through these untrodden forests, our ancestors made their habita- tions, and in the vigor of youth began the conquest for this great Commonwealth. Uncover our heads, to those who remain! Not much longer will they bid the stranger welcome within their doors. Many of their households are rudely broken ; the companions of these golden and heroic days have long since felt the touch of death, and here and there, unattended, but not forgotten, a few re- main. It is said that when the soldiers under Napoleon at Waterloo met on the field of battle after the great slaughter, and saw the remnant of that once glorious army, they threw down their arms and embracing each other wept like children. When the few remaining pioneers meet together each passing year, and witness their broken ranks, recount their early sorrows and suffering, and treasure the precious memory of those who have fallen in the great struggle, there must come to them an affection- ate recollection of those times and a sense of pain that these reunions will soon cease. They will soon be gath- ered to their fathers. We, their children, who have felt the touch of their hospitable hand and looked into their honest faces, have received from them a priceless inherit- ance. The words spoken seventy-two years ago at Bunker Hill appropriately express our thoughts : "And let the sacred obligations which have devolved on this gen- eration and on us sink deep into our hearts. Those are daily dropping from among us who established our liberty and our government. The great trust now descends to new hands. L^t us apply ourselves to that which is presented to us, as our appropriate object. We can win no laurels in a war for independence. Earlier and worthier hands have gathered them all. Nor are there places for us by the side of Solon and Alfred and other founders of states. Our fathers have filled 378 W. D. FENTON. them. But there remains to us a great duty of defense and preserva- tion ; and there is open to us, also, a noble pursuit, to which the spirit of the times strongly invites us. Our proper business is improvement. Let our age be the age of improvement. In a day of peace let us ad- vance the arts of peace and the works of peace. Let us develop the resources of our land, call forth its powers, build up its institutions, promote all its great interests, and see whether we also, in our day and generation, may not perform something worthy to be remembered. Let us cultivate a true spirit of union and harmony. In pursuing the great objects which our condition points out to us, let us act under a settled conviction and an habitual feeling that these States are one country. Let our conceptions be enlarged to the circle of our duties. Let us extend our duties over the whole of the vast field in which we are called to act. Let our object be OUR COUNTRY, OUR WHOLE COUNTRY, AND NOTHING BUT OUR COUNTRY. And by the blessing of God may that country itself become a great and splendid monument, not of oppression and terror, but of wisdom, of peace, and liberty, upon which the world may gaze with admiration forever!" WILLIAM D. FENTON.

1. Delivered as the annual address before the Yamhill County Pioneer Association at Dayton, Oregon, June 2, 1897.