The Early Indian Wars of Oregon/Cayuse/Chapter 9
CHAPTER IX.
AGENT UNITED STATES COMMISSIONER AT HAWAII RECEIVES A LETTER MUNI TIONS OF WAR ARRIVE AFTER PEACE is RESTORED GOLD DISCOVERED MESSENGER MEEK REACHES WASHINGTON, AND THE TERRITORIAL ACT is PASSED LANE APPOINTED GOVERNOR AND MEEK MARSHAL INDIAN TROUBLE ON THE SOUND ARRIVAL OF THE MASSACHUSETTS WITH Two ARTILLERY COMPANIES SUB-INDIAN AGENT SERVICES OF DR. TOLMIE THE MOUNTED RIFLE REGIMENT
DESERTION OF THE MEN SURRENDER, TRIAL, AND EXECUTION OF THE MURDERERS FAITHFUL DISCHARGE OF DUTY BY THE REGIMENTAL AND ACCOUNTING OFFICERS OF THE PROVISIONAL GOVERNMENT REPORTS OF THE LOAN COMMISSIONERS, ADJUTANT-GENERAL, AND COMMISSARY AND QUARTERMASTER-GENERAL SETTLEMENT OF THE CYAUSE WAR DEBT.
The events narrated in the foregoing chapters, of so
much importance to the Oregon colony, had transpired
without the knowledge of the outside world. The letter of
Mr. Douglas to S. N. Castle of Honolulu, was not received
until February, and was productive of no results. The
dispatches for California, which failed as has been narrated, to get over the mountains, were put on board the
brig Henry, which left the Columbia river about the
middle of March, arriving at San Francisco April twelfth,
leaving immediately for Mazatlan with government stores
for the United States troops in Mexico.
Such was the isolation of Oregon at this time that it was not known to its legislature or governor that the United States had taken possession of California, and the communication first sent was addressed to the commodore of the Pacific squadron, as follows:—
OREGON CITY, December 28, 1847.
To W. Bradford Shubrick, Commander Pacific Squadron:
Sir: The present state of affairs in Oregon induces me to address you on the subject. I inclose herewith two papers which will inform you of our situation, and the necessity there is of sending aid, if in your power, as soon as possible. A sloop-of-war anchored in the Columbia river at Vancouver, or near the mouth of the Willamette river, would exert a powerful influence in our behalf. The Indians would be led to believe that our chief, of whom they have often heard, was ready to examine into and punish any wrongs they might inflict on American citizens. A supply of ammunition could be furnished to repel any attacks they might make on us, and would also let the citizens of the United States dwelling in this distant land know they w r ere not neglected. A vessel drawing sixteen feet of water can enter our harbor in safety ; one drawing fifteen feet can, I believe, get up the Columbia at any season of the year with proper caution. I am aware that the present season is not the most favorable for entering our river and ascending it, still merchantmen enter and depart at all seasons of the year.
Believing that you will do all you can to render us assistance, I have the honor to remain, yours truly,
GEORGE ABERNETHY, Governor of Oregon.
By the Henry, the governor wrote again the following:
OREGON CITY, March 11, 1848. Commander W. Bradford Shubrick :
SIR: I have written you under date of December twenty-eighth and January twenty-fifth last, both of which failed to reach yon. I herewith send letters and the Spectator, from which you can see our present situation. Captain Kilburn, of the brig Henry, can inform you on any subject you may wish to inquire of him. I would again call your attention to the necessity of sending us one or more vessels of war as soon as possible. Indians are restrained by fear; they have a dread of cannon and man-of-war ships. I have told them, a ship of war would be here in the spring. I am waiting with anxiety to hear from the commissioners sent up to treat with the Indians. Should we succeed in settling this affair, which is uncertain, the presence of one of our ships at this juncture would let them know that the Americans have it in their power to punish them, and would probably deter them from further aggressions. I have conversed with the pilot at the mouth of the Columbia. He says that he can bring in a vessel drawing twenty-two feet of water. Under his care any sloop-of-war under your command can enter our river. Captain Kilburn says, if needed, he will come up in any vessel sent by you.
Yours truly,GEORGE ABERNETHY,
Governor of Oregon.
Notwithstanding all this writing and effort, the United
States transport Anita, commanded by acting Captain
Selirn C. Wood worth, arrived in the Columbia March six
teenth, without being at all aware of the condition of
affairs in Oregon. Instead of bringing the needed assist
ance, the Anita s errand was to raise men for the war with
Mexico, as the following correspondence will show:
HEADQUARTERS TENTH MILITARY DEPARTMENT. \ MONTEREY, California, January 28, 1848. J
To Ills Excellency, George Abernethy, Governor of Oregon :
SIR : From intelligence received here yesterday from Commo dore Shubrick, commanding the United States naval forces off Mazatlan, a copy of his communication is enclosed herewith, I deem it of the utmost importance to raise a corps of one thousand men to send to Lower California and Mazatlan as early as practica ble. I shall therefore dispatch an officer, Major Hardie of the army, to confer with your excellency, and if possible to raise in Oregon an infantry battalion of four companies, to be mustered into the ser vice of the United States to serve during the war, unless sooner dis charged ; or, if it be impracticable to engage them for that period, then to engage them for twelve months from the time of being mustered into service, unless sooner discharged. The battalion will consist of field and staff one major, one adjutant, a lieutenant of one of the companies, but not in addition. Non-commissioned staff one sergeant-major, one quarteVmaster-sergeant. Four com panies (staff), of which to consist of captain, one first lieuten ant, two second lieutenants, four sergeants, four corporals, two musicians, and one hundred privates. Should the number of pri vates, on being mustered, not fall below sixty-four effective men in a company, it will be received. In the United States the volunteer officers are appointed and commissioned in accordance with the laws of the state from which they are taken. The officers from Oregon will therefore, of course, be appointed pursuant to the laws of Oregon, if there are any on that subject ; if not, in such mannei as your excellency may direct, in which case I would respectfully suggest that the company officers be elected by their respective companies, and that the major be appointed by yourself; and I would further respectfully suggest the extreme importance to the public service, that the officers be judiciously selected. The place of rendezvous for the several companies, as fast as they shall bo organized, is necessarily left to yourself and Major Hardie. I do not know how this call for volunteers will be met in Oregon, but I flatter myself with the assurance that it will receive the cordial support of your excellency, and I am certain will show that the citizens of Oregon have lost no patriotism, by crossing the mountains, and that they will be equally prompt in coming to their country s standard as their brethren in the United States.
Yours respectfully,
R. B. MASON, Colonel First Dragoons, Governor of California.
To this Governor Abernethy replied:—
EXECUTIVE DEPARTMENT, OREGON CITY, April 3, 1848.
To His Excellency, R. B. Mason, Governor of California :
SIR : I received your letter of the twenty-eighth of January last, together with a copy of Commodore Shubrick s letter of sixth of December last, and in reply would beg leave to state that in the existing state of affairs in this territory, I do not think it would be prudent on my part to send any men out of the territory. Before this reaches you, my letters of December twenty-eighth, January twenty-sixth, and March eleventh, together with copies of the Spectator, will have reached you, from which you will have learned our situation, and the need there is of our being assisted by the government of the United States. I have in these letters begged that a sloop-of- war might be sent to our aid. I should have called for men, as we need a few disciplined troops to take the lead, but concluded you could not spare them. We need very much a few field pieces, balls, and powder; a quantity of rifle powder and lead; and, in fact, everything that is really needed to carry on a war. May I be permitted to ask your aid in furnishing us with these necessary articles? I send you with this a Spectator of March twenty-fifth, also an extra issued this day, and a copy of my proclamation calling for three hundred men in addition to those already in the field; and it is not at all improbable that I may have to call a large number of men into the field to protect the Willamette valley. I am glad that we have been visited by Major Hardie, as he can on his return in form you more fully of our situation than I can by letter. I regret that circumstances are such that this gentleman returns without the aid you expected to receive from Oregon, and sincerely trust that you will not lay it to our want of patriotism, for 1 assure you that nothing would have afforded me more pleasure than to have met the call of your excellency, and I have not a doubt but that it would have been cheerfully responded to by our citizens.
I have the honor to be, your obedient servant,
GEORGE ABERNETHY,
Governor of Oregon.
In evidence of the interest taken by the Hudson's Bay
Company in the affairs of the Oregon government, the
following letter of Ogden is interesting. It refers, prob
ably, to a letter to President Polk :
VANCOUVER, March 21, 1848. Mr. George Abernethy :
MY DEAR SIR : I duly received your note, with the letter en closed, which has been duly forwarded to the states, and trust it will reach its destination in safety. Our express, three boats, thirty men, three gentlemen, and our bishop, all well armed, left yesterday afternoon, and the precaution has been taken to have thirty horses in case they cannot proceed with the boats, as the express must go on to its destination. Pray, what is the object of Woodworth s visit? For volunteers, in numbers, it cannot be! his ship being too small nor can the country afford, in its present unsettled state of affairs in the interior, and I fear, likely to be, in the upper part of the Willamette, if reports are to be relied upon, to spare any. I fear it will require all to protect our adopted country. Appearances have a gloomy aspect ; may we hope it will soon pass away, and that brighter days are in store for us. I have written to my friends on the east side, and forwarded those you sent. On the arrival of our boats at Walla Walla, a party will return to this place, and if Newell does not arrive from the interior, we shall then have no news from the army. Mr. McBean has a good opinion of the com missioners, and writes me they acted with judgment, but fears the general will commit some rash act. What does Campbell report in regard to the intentions of the American government in regard to Oregon? Do they intend to let it stand over until the Mexican affairs are finally settled? I hope not. It is now more than full time decisive measures should be adopted for the safety of one and all. You have certainly done your part well, and if the government would but liberally supply the sinews of war money the country can well be defended with her own resources. You ought to have forwarded a duplicate of all your dispatches by our express in July, and they would be in Washington ; if Meek does escape, they will not be there long before that. 1
Yours truly, PETER SKEEN OGDEN.
On learning of the death of Colonel Gilliam, Ogden pre pared an obituary notice for the Spectator, which he sent
!This rather blind sentence was meant to say that Meek s dispatches would not, even if he escaped the perils of his journey, get to Washington long hefore the letters by the Hudson's Bay Company s express. He was, however, in the United States two months before.
to the governor, intending doubtless to influence the people
for what he believed to be for their good, as he was well
informed of the dissensions in the army :
VANCOUVER, April 1, 1848. Mr. George Abernethy :
DEAR SIR : If, after perusal, you deem the enclosed worthy of insertion in the Oregon Spectator, it is at your service ; if not, send it back. I am not aware of the feelings of the good people of Ore. gon in regard to the late Colonel Gilliam. He was a stranger to me, and the outline of his character, which I have obtained from others, may, perhaps, tend to have good effect.
I duly received your favor and thank you for your news, but on some tidings I leave you to form your own opinion as to their being good or bad. Many circumstances, and prudent ones, obliged the army to retreat, thus stop the war. But, in our estimation, bearing the cares, this cannot be called a retreat, or even a defeat. But un fortunately, the Indians will take a different view of it, and give it a different construction from ( temporary ) weakness of the army during the absence of so many men to The Dalles. Should an attack be made on the army I dread the result, but not if the officers and men were united ; they would then make a formidable resist ance. Captain McKay will give you every particular. His stay here was too short to obtain correct information, and full allowance must be made for his news ; but you know him well. He speaks in high terms of the bravery of the volunteers in action, but not so much so in regard to their discipline. I was glad to hear that he intends to return, and the sooner the better. In case he should change his mind, knowing his character so well, it would not at all surprise me.
This day we have a report here in circulation of a war nearer our firesides. Surely one is more than sufficient in the present de fenseless state of the country, and more than sufficient for the resources of this unfortunate and neglected country. In making these remarks, I consider myself perfectly justified, for it appears to me, and must also to many others, that the United States govern ment has been more remiss in not sending, if not forces, the means of defending it money. They may have cause to regret it when too late, for I fear blood will be made to flow freely, and ere I leave this subject, let me add that present appearances have a gloomy aspect; and may brighter days now shine on us, is my fervent prayer.
Major Hardie has not yet honored us with a visit. I should regret not seeing him, as from my long experience in this country I might be able to impress on his mind the absolute necessity of rendering us speedy assistance. Palmer s resignation did not surprise me. Yours truly,
PETER SKEEN OGKDEN.
That Ogden s assertion that the United States might
have to regret its supineness in regard to Oregon might
be construed to mean more than defeat at the hands of
the Indians, the governor s answer to this letter of Ogden s
makes apparent. That those who had to bear the heavy
responsibilities of the war should have thought of how
they were to bear them, in case the federal government
remained indifferent, was but natural. The means sug
gested are hinted at in the reply to the above :
OREGON CITY, April 4, 1848. To Peter Skeen Ogden :
DEAR SIR : I received your favor of the first instant. I handed the obituary notice to the editor, and feel very much obliged to you for it, and hope you will occasionally favor us with your pen. I regret very much the circumstances that caused the retreat of the army to Waiilatpu, and were bringing Colonel Gilliam to this place. I have heard for some time that there was a want of unison in the army, and really hope that hereafter this feeling will be done away with. I have appointed H. A. G. Lee colonel, in place of Colonel Gilliam, deceased. I had appointed him superintendent of Indian affairs before I heard of Gilliam s death. I am in hopes he will succeed in establishing peace and obtaining the murderers. It is uncertain about McKay s returning ; he says he has no wheat in the ground. I have heard a good deal about the Klamaths, but nothing official. All reports I receive are letters from one of the volunteer captains, that incline me to think the reports (rumors) are much exaggerated. I hope they are, for the credit of the set tlers ; as you say, one war is enough." I hope Major Hardie will visit you before he returns. You will see by the proclamation what my feelings are on the war question. We are into it, and must keep up a good front if possible. I think we will at least be favored by a visit from an American sloop-of-war ; if we are not, I think our government is determined to do nothing for us. Wonder what they would do if we should apply to Great Britain for a loan of one hun dred thousand pounds to carry on our operations ? I presume we would have a government formed in double-quick time. Report says more vessels are on their way. I have had application as fol lows : to go to Washington, to Governor Mason, and to Salt Lake for assistance. I am afraid the Mormons might be as bad as the Indians, and have refused all. 2
Very respectfully, GEORGE ABERNETHY.
- The person offering to go to Salt Lake for assistance was Lansford W. Hastings, who published The Emigrants Guide to Oregon and California in 1845. He wrote to F. W. Pettygrove of Oregon City to see the governor about it.
At the very time that a United States transport was
lying in the Columbia river, the authorities of Oregon
were making application to the British tradtrs for sup
plies for American volunteers in the service of their coun
try. The answers received occasioned Governor Abernethy
to write the following letter to Major Hardie:
OREGON CITY, April 11, 1848. Major J. A. Hardie, United States Army :
DEAR SIR : General Palmer intends leaving this morning for the Anita to purchase a few blankets. We have but little money. We need clothing and blankets very much. The men in the field are very destitute. I am certain you will let him have them as low as you can. If you could, by any possible way, give a small portion of the United States property under your care to this territory in the present distressed case, it would be gratefully received. Mr. McKinlay said to a gentleman yesterday: "You ask for clothing from us; here is one of your own vessels with just the things you want; why don t they help you ?" You mentioned in conversation that perhaps you might be sent up to muster our troops into the United States service in Oregon. If this can be done, use your in fluence with Governor Mason to effect it. If we should be able to withdraw the most of them, we must still garrison the posts, and protect the immigration as far as possible.
I am yours, etc., GEORGE ABERNETHY,
Governor of Oregon.
To this very reasonable appeal, as appeared from a civilian s point of view, Major Hardie replied:
BARQUE ANITA, April 12, 1848. To Governor Abernethy:
DEAR SIR : I have received by General Palmer your favor of the eleventh instant, and take advantage of General Palmer s return to Oregon City to send you a line in answer. I have no clothing of any kind on board the vessel, and what camp equipage I have on board belongs to the United States quartermaster s department and cannot be sold. I could not find myself authorized to issue camp and garrison equipage to the territory, though I should be glad to afford any assistance to the war in my power. Had I powder and lead, or other ordnance stores, and the danger to the territory was imminent without such stores for immediate use, I should not hesi tate to take the responsibility of issuing them upon your requisition. I brought with me for the use of the men enlisted, two hundred and forty-five pairs of blankets to be delivered to them at government prices. They were put on board the barque at the sole risk and responsibility of Mr. Edward Cunningham, a supercargo and merchant on the coast of California, but at my request, it being my impression that blankets were very high in Oregon, and that if a volunteer (receiving an advance of twenty-one dollars to equip himself) could purchase blankets at government prices instead of the high rates of the country, it would be of great assistance to him, and he would come into the service better equipped than under other circumstances. Getting no volunteers, I have sold for Mr. Cunningham (to people who would come on board to purchase) a few pairs at the same price as for volunteers. I imagine this is the cause of the impression which appears to exist abroad, that government is selling or disposing of its stores, clothing, etc.
Did these blankets belong to government, I should be risking my commission did I sell a blanket, except it be under instruction to that effect. General Palmer can explain the circumstances to you fully. I have sold to him a few pairs of blankets at lower prices than the invoice which Mr. Cunningham gave me warrants, and would gladly do more to forward the interests of the territory were I at liberty. I shall proceed immediately to Monterey to represent to Colonel Mason the state of affairs in Oregon, and feel confident that he will be disposed to send ammunition and arms for the prosecution of the war. I need not say that I will ask him to send any assistance, either in supplies, etc., or in officers or men, that can be spared in California, or that he may feel authorized to send; or that he may give what immediate relief the United States government can furnish on this side of the continent. Men cannot, I suppose, be expected by you in the recent state of the war in Mexico and California. Supplies can, I think, be spared.
I am with great respect,
James A. Hardie.
That which strikes the student of Oregon history is the pathetic patience with which the people, and the provisional government, bore the long continued neglect of the federal government. From the first influx of immigration proper, in 1842 and 1843, congress had been entreated to make some provision for the protection of travelers to Oregon from Indian attacks, as it had previously been urged to insist upon the rights of Americans as against the British, represented by the Hudson's Bay Company. But congress had equally neglected both. The people, guided by a few wise minds, had hit upon the plan of inducing the British residents to join with them in forming a joint organization, which both parties knew to be temporary, and only to be maintained by mutual concessions. After much petitioning, congress had at last ordered to be raised and equipped a regiment of mounted riflemen, to establish posts, and patrol the road to Oregon. But instead of being sent at once to this country it was ordered to duty in Mexico, from there sent back to Fort Leavenworth at the close of the war with Mexico, and its decimated ranks filled up with raw recruits. Of these movements isolated Oregon was in ignorance, and unable to account for the non-appearance of the regiment known to have been raised for her exclusive benefit, still strained her eyes toward the east, always looking for some sign, and listening for some news of the promised aid. For this Dr. Whitman was waiting when he delayed too long to leave the Cayuse country. For this the volunteers at Fort Waters waited until October, performing the duty the federal government had been pledged to perform; and for this Oregon was still waiting when Governor Abernethy was called upon to assist the United States.
After answering Governor Mason's letter, on the same day the governor addressed the following communication to President Polk:—
Oregon City, April 3, 1848.
James K. Polk, President of the United States:
DEAR SIR : I am aware that much of your time is occupied, and shall be brief in my remarks, hoping the importance of the case will excuse this liberty. A copy of the memorial passed by the legislature at its last session, together with papers containing the account of the massacre of Dr. Whitman and others at Waiilatpu by the Cayuse Indians, were forwarded to congress by Mr. J. L. Meek. I also forwarded an application via California. As Mr. Meek left Walla Walla on the fourth ultimo, he will, no doubt, reach you in May. I send with this a file of the Spectator, and an extra issued today, together with my proclamation, by which you will perceive that we are carrying on a war with the Indians of the interior. Sometime since, commissioners were sent up to treat with the different tribes and endeavor to detach them from the Cayuses. They effected a great deal; the Walla Wallas, Nez Percés, and other
tribes accepted presents and declared they would remain friendly
with the whites ; still there are a great many that will unite with
the murderers; all the restless and turbulent spirits among the dif
ferent tribes, those that were guilty of robbing the immigrants last
fall, and many who look with a jealous eye on the inroads of the
white man. So that it is to be feared that a large party will take to
the field against us. Our settlers are scattered through the different
valleys, many of them isolated and lying in such a position that
they could be swept off in a night, and the Indians be in the moun
tains out of reach next morning. Our policy is to keep the Indian s
busy in protecting their families and stock in their own country,
and by this means keep them out of the valley ; and we hope
we shall succeed, but we have no money, no munitions of war.
Our patriotic volunteers are destitute of clothing, tents, and pro
visions, even while in the field; still they are in good spirits, and
determined to fight to the last. Our powder is gathered up in half
pounds and parcels, as the settlers have brought more or less of it.
This will soon give out. I have written to Governor Mason of Cali
fornia for a supply of powder and lead, which I hope will come by
first opportunity. I have also written to Commodore Shubrick to
send us a sloop-of-war to lie in our river to show the Indians that
we have force that can be brought into this country if necessary.
Fear, and fear only, rules and controls Indians. Knowing this,
they have been informed that we expect a man-of-war this summer,
and as soon as our great chief hears that his people have been
murdered he will send some of his chiefs to punish the murderers.
Should this pass off, and we receive no visit from our man-of-war,
and no troops are sent into the territory, our situation will not be an
enviable one. The Indians will say, "All this has been said to
frighten us. See, their ships have not come ; their soldiers have
not come; do not let us be afraid any longer." Probably a large
immigration will be on their way to this territory this summer. I
hope that troops will accompany them, for the Indians are well
aware of their route, and the time of their coining, and if not pro
tected, they will very likely go on to meet them, and rob, plunder,
and murder all parties not strong enough to resist them. Th?v
robbed them last year ; they will, I fear, proceed further this year.
I hope, sincerely, that whether congress passes a bill to extend the
jurisdiction of the United States over us or not, that at least one
regiment v/ill be sent into Oregon to protect us from the Indians,
and to protect immigration on their way hither. Colonel Gilliam,
as you will Percéive by the extra accompanying this, was acciden
tally shot on his way from Waiilatpu to The Dalles. The colonel
was a brave man, and his loss is much regretted. He was appointed
by your excellency to the office of "agent of the postoffice depart
ment," Nothing was ever effected in that department, as an advertisement was put in the paper offering to let contracts, but as the
contractor was only to get his pay out of the proceeds of the office,
and even that could not be guaranteed to him for four years, no
one would enter into a contract to carry the mail, consequently
no mail has been started in this territory under the authority of the
United States.
Feeling confident that you will aid us in our present difficulties, I have placed before you briefly our situation, merely stating in conclusion, we have told the Indians, in order to prevent them uniting against us, that troops and vessels of war would soon be here. I have the honor to remain, your obedient servant,
GEORGE ABERNETHY,
Governor of Oregon.
One thing which the president had done was to appoint Charles E. Pickett Indian agent for Oregon in the spring of 1847. This appointment was very displeasing to Oregonians, who scoffed at the idea that "the government could have made its appearance in such a shape!"
Pickett was not even in Oregon when his commission arrived, but was at the Sandwich Islands, whence he went to California. He did not seem, either, to be in any haste to assume his duties, when he heard of his appointment, but had been guilty of advising travelers to California: "After you get to the Siskiyou mountains, use your pleas ure in spilling blood, but if I were traveling with you, from this on to the first sight of the Sacramento valley, my only communication with these treacherous, cowardly, untamable rascals would be through my rifle. The char acter of their country precludes the idea of making peace with them, or ever maintaining treaties if made; so that philanthropy must be set aside in cases of necessity while self-preservation here dictates these savages being killed off as soon as possible."[1]
However true this estimate of the character of the Shasta Indians may have been, it was ill advice, since every death inflicted on these "rascals," even in self-defense, was sure to be avenged, and upon any person of the white race, however innocent,[2] who might come in their way, and not once only, but over and over. This fact was well understood by the pioneers, who were careful not to spill Indian blood without cause.
To Pickett, Governor Abernethy addressed a letter asking him to endeavor to procure assistance from the commander who had relieved Commodore Shubrick Thomas Ap. C. Jones. Jones replied that had he any vessel to spare he would gladly send it to the Columbia river, but that he only had three in his command with which to hold the Mexican ports, and for all other purposes on the coast, the others being sent home; but if those expected out arrived, he would send one to Oregon. The United States commissioner at the Sandwich Islands, A. Ten Eyck, Esq., on June fifth, also addressed a letter to Commodore Jones upon the subject. Ten Eyck s letter revealed the fact that a communication had been sent to him by some of the anti-British and anti-Hudson's bay people of Oregon representing that ill feeling existed between the Americans and the fur company, which had furnished arms and ammunition to the Indians, and other wise aided them in their hostilities against the settlers; that an angry correspondence had taken place between Governor Abernethy and Mr. Douglas; that the volunteers had threatened Vancouver, and that Mr. Douglas had written the company s agent at the islands to send an English man-of-war to the Columbia. "Our people," added Ten Eyck, "are very poor, and are much in need of arms and ammunition, and are much alarmed. Having good reason to credit these rumors, I do not hesitate to request that you lose no time in dispatching such force as you can spare from the squadron, and as the exigencies of the case may seem to require to the Columbia river."
A copy of this letter having been sent to Governor Abernethy by the ship Eveline, the governor replied a month later, that the troubles in the country were in a measure settled, and the army disbanded, except the few men at the forts, which they would hold until the United States troops arrived to relieve them, which arrivals he hoped would be next month. He corrected the rumors of hostile acts or feelings between the settlers and the Hudson's Bay Company, and denied that any angry correspondence had taken place between himself and Mr. Douglas.
The outcome of all this correspondence, anxiety, and waiting was the receipt, after the danger had passed, of the aid so long solicited in arms and ammunition. Major Hardie, on his return to California, forwarded one hundred rifles, twenty-five thousand rifle cartridges, and two hundred pounds of rifle powder, with two six-pound iron guns and carriages, and ammunition for the same. Lieu tenant E. O. C. Ord, of the third artillery, forwarded one six-pound brass gun, with two hundred and ten strapped shot, seventy canister-shot, twenty-eight spherical shot, and other artillery service, five hundred muskets, with their fixtures, and fifty thousand ball, with a large amount of ammunition.[3] Fortunately for the peace of the colony, these military stores did not arrive while the American blood was at fever heat with wrongs real and fancied; but in time to give a feeling of security to that portion of the inhabitants who remained when the majority of the able- bodied men had rushed off to the gold fields of California the same year.
The discovery of gold to a people so poor in money and
goods as were the colonists of Oregon, was an inestimable
boon, solving many a difficult problem, and diverting
their thoughts from the late troubles, and the neglect of
the federal government, which was again aggravatingly r 7, 1848.
displayed by the non-appearance in the autumn of the long-looked for regiment of mounted riflemen. A hope of this promised relief from the dangers which threatened him, had undoubtedly, they believed, led Dr. Whitman into the attitude of seeming to defy the Cayuses, even be fore the sickness broke out which had exasperated them still further, and so became instead of a protection a motive for his death. Until it was well into the winter, every express from Fort Hall brought the message, "No news yet of any troops on the road." Spring came, and still no news. Summer wore away in keeping the war in the Indian country. The immigration arrived with the discouraging intelligence that the Oregon regiment had been ordered to Mexico, and nothing was known of its future destination. The murderers were still at large, but like Cain of old, had been driven into strange lands, and the places that had known them knew them no more.
Then the colonists drew a long breath, and hearing of the gold fields of the Sacramento valley, every ragged soldier who could take a share in an ox team and wagon load of provisions, set off to conquer fortune. Many died, worn out by the privations of soldiering and mining life, but the majority returned with more or less of the precious dust, stored up in tin cans, pickle bottles, or whatever ves sel they could find that would hold fast the elusive atoms. Those that remained harvested the fields, and sold the crops for a good price in cash. The legislature of 1848- 1849 passed a coinage act, under which about fifty thou sand dollars were minted, which helped to relieve the embarrassment in making exchanges until such time as the United States began the coinage of gold in San Francisco.
In the meantime, the messenger dispatched to Washing ton with memorials, and an account of the Waiilatpu tragedy, had been able to stir congress to definite action in the matter of establishing a territorial government over Oregon, which was to all intents and purposes already a
16
state, independent, but poor and loyal. What might have happened, under so much provocation, had gold been dis covered two or three years earlier, the speculative mind may conceive. But in all its memorials Oregon had ever professed its attachment to the federal government, on which it still humbly waited.
On the fourteenth of August the act was passed which brought Oregon under the operation of United States laws. General Joseph Lane was appointed governor, and with Meek, who was given the appointment of marshal of the territory, urged to hasten to his field of dut}^ where he arrived March 2, 1849, and issued his proclamation on the following day, giving Oregon one day under President Polk, who had been elected on the " fifty-four-forty-or- fight " sentiment of the democracy in 1844, and therefore desired this honor.
Lane, by virtue of his office, was also superintendent of Indian affairs, and applied himself at once to the settle ment of minor difficulties occurring near the settlements on the south side of the Columbia, and to the restoration of peace between the Klickitats and Walla Wallas who were at enmity on the north side. Early in May a more serious danger arose from a design formed by Patkanim, chief of the Snoqualimichs, to capture Fort Nisqually of the Hudson's Bay Company, and to drive away or kill off the American settlers at the head of the sound. The plan was cunningty laid, after the Indian manner, to capture the fort first, and . secure the ammunition therein, after which the rest would have been easy. In order to obtain an entrance, and disarm suspicion, the Snoqualimichs pretended some occasion for hostilities against the Nis- quallies, a harmless band employed by the Puget Sound Agricultural Company as herdsmen, and appeared near the fort in their war paint. Patkanim insinuated himself inside the stockade, ostensibly to have a gun mended; really, it was believed, to give a signal. At the same time a party of Americans approached the gate of the fort, and
TEE GAYUSE WAR. 243
seeing the Indians in war costume were endeavoring hurriedly to get in, when a volley from the guns of the Snoqualimichs followed the discharge of a gun within the fort, and Leander C. Wallace, a young American, fell dead, another was wounded mortally, and a third wounded who survived. The gates were closed at the same instant, excluding both Indians and Americans, and firing from the bastions soon silenced the former. However, when Dr. Tolmie, who was in charge, went out to bring in the body of Wallace, he was aimed at by a Snoqualimich. The assassin was checked by a Snohomish Indian present, who reproved him, saying, "Harm enough done for one day."
Repulsed, and comprehending that they had failed in their design, the Indians retired, but later sent word to the American settlers that they would be permitted to leave the country by abandoning their property. To this the settlers replied that they had come to stay, and forth with began to erect block-houses for defense at Turn water and Skookum Chuck.
This affair caused Governor Lane to make a journey to the sound country, accompanied by the only United States force then in the territory Lieutenant Hawkins and five men remaining from the governor s escort across the plains, the others having deserted in California. The governor carried with him arms and ammunition for the settlers. At Tumwater he was overtaken by an express from Van couver, informing him of the arrival in the river of the United States propeller Massachusetts, having on board two companies of artillery, under Brevet-Major Hathaway, who sent him word that if expedient, a part of his force could be moved at once to the sound. On receiving this dispatch, Lane returned to the Columbia without visiting Nisqually, sending, however, a letter to Dr. Tolrnie, request ing him to inform the Indians that now he was prepared to punish any outrages, and they could govern themselves accordingly; also requesting that no ammunition should
be furnished the Indians by the Hudson's Bay Company.
Arrived at Vancouver, he found the Massachusetts about to proceed to Portland, to be loaded with lumber for the use of the government in building quarters for the troops stationed at Benicia, California, and Major Hatha way encamped in the rear of the Hudson's Bay Company s fort, with one company of artillery, while the other com pany, under Captain B. II. Hill, had been left at Astoria, in quarters built by the crew of the wrecked Shark in 1846. The whole force consisted of one hundred and sixty-one, rank and file, being companies L and M, first regiment of United States artillery. It was arranged that Captain Hill should proceed to the sound and estab lish a post near Nisqually before demanding the surrender of the murderers of the Americans.
Meantime, the government had commissioned three sub- Indian agents, namety, George C. Preston, J. Q. Thornton, and Robert Newell; but Preston not arriving, Oregon was divided into two districts, and Thornton assigned to the north of the Columbia, while Newell had charge of the Indians south of the river. Late in July Thornton visited the sound, where he spent several weeks in obtaining information which could have been obtained in a day from Dr. Tolmie, and offered a reward of eighty blankets, worth about five hundred dollars, to the Snoqualmie tribe for the surrender of the murderers of the Americans, besides having the captain of the English vessel, which trans ported Hill s company to Nisqually, arrested for giving the customary grog to the Indians and half-breeds who were hired to discharge the vessel.
These proceedings offended the governor,, whose author ity as superintendent of Indian affairs was ignored, and Thornton soon resigned, leaving Indian matters on the sound in the hands of Captain Hill, who, by the month
6 The officers, besides Major Hathaway and Captain Hill, were First Lieutenants J. B. Gibson and T. Talbot, Second Lieutenants G. Tallmadge and J. Dement, Second Lieutenant J. J. Woods, quartermaster and commissary, and Second Lieutenant J. B. Fry, adjutant.
of August, was established at Fort Steilacoom. In Sep
tember the guilty Indians were surrendered, and in October
two of the chief participants in the crime, Kassas and
Quallawort, a brother of Patkanim, were tried and exe
cuted. This trial cost the United States about three thou
sand dollars. During the following winter one of the
artillerymen of Fort Steilacoom was murdered, but the
crime could not be fixed upon any individual, and went
unpunished.
It is but justice here to record the fact that the sup pression of hostilities in this region at this period of its history, was due largely to the influence of the Hudson's Bay Company, and personally to Dr. Tolmie, whose knowl edge and good judgment were powerful to avert hostilities. 7
As to the arrest of the Cay use murderers, that could not be undertaken by the new government before the arrival of the rifle regiment. That body, after being recruited at Fort Leaven worth, set out for Oregon May 10, 1849, with about six hundred men, thirty-one commissioned officers, several women and children, one hundred and sixty wagons, teamsters, guides, and train agents, nearly two thousand mules and horses, and subsistence for the whole, the officer in command being Brevet-Colonel W. W. Loring.
Posts were established at Laramie and Fort Hall, where two companies each were left. Cholera, which had broken out among the immigration, to California, carried off a considerable number of the ill-conditioned recruits, and desertion to the gold mines as many more. A herd of beef cattle and other supplies intended to meet the regiment at Fort Hall 8 having taken the southern route, and being late in starting, failed to meet Loring s command, which
7 Notwithstanding this truth, there are several letters in the Oregon Archives, MS. numbered from nine hundred and fifty-one to nine hundred and fifty-seven, which show an attempt to convict Tolmie of influencing the Indians against the American settlers.
8 The supply train sent from Oregon consisted of fifteen freight wagons and a herd of fat cattle. The expedition was commanded by Lieutenant Hawkins of Lane s escort, and piloted by the late commissary-general, Joel Palmer, who, when within a few days of Fort Hall, turned back and took charge of a train to California.
was thus reduced to short rations and insufficient clothing.
On arriving at The Dalles the men presented the appear ance, familiar to Oregon immigrants, of naked feet and limbs hardly concealed by the tattered remains of cloth ing, their horses too worn out to carry them, and their own strength almost exhausted. They found the means of transportation down the Columbia to consist of three rnackinaw boats, one yawl, four canoes, and one whale- boat. A raft constructed to carry several tons of goods, chiefly private, and placed in charge of eight men, was wrecked in the rapids at the cascades, and six of the men drowned. That part of the command which took the wagon road over the mountains at the base of Mount Hood, lost two-thirds of their horses. The whole loss of government property on the march from Leavenworth was forty-five freight wagons, one ambulance, and over three hundred horses and mules. The number of men who died and deserted was seventy.
On arriving at their destination, the mounted riflemen found no quarters provided for them, and were housed for the winter in rented tenements in Oregon City at a great expense. In May, 1849, Captain Rufus Ingalls had been directed by the chief of the quartermaster s department of the Pacific division to go to Oregon and establish posts. He arrived on the Anita at Vancouver soon after Hatha way landed his command at that place, but the Walpole which followed with two years supplies being chartered for Astoria, landed the stores at the mouth of the river, whence they had to be conveyed at great labor and ex pense to Vancouver by means of the small craft in use on the Columbia, consuming much time in the transferance. Nor was this the only obstacle to dispatch. There were wanting both the material for building barracks and the mechanics and laborers to perform the work; and that which was accomplished was done by artillerymen at a dollar a day extra pay for cutting and hauling timber out of the woods, and rafting lumber from the Hudson's Bay
THE OAYUSE WAR. 247
Company s mill, six miles above Vancouver. Even with the help of the company in procuring Indian labor, and furnishing such transportation as was in their power, slow progress was made. At length the command of Major Hathaway was housed in such quarters as were provided by adapting several buildings belonging to the company, and erecting others of logs. 9
In September, 1849, General Persifer F. Smith, com mander of the Pacific division, arrived in Oregon with the chief quartermaster, H. D. Vinton, with the object of making locations for military posts. They approved the selections already made, but abandoned the design of a post on the road to California through the apprehension that the soldiery, if placed on the route to the gold mines, would desert. To prevent desertion, he directed Major Hathaway to remove his command to Astoria early the following spring, Colonel Loring to take possession of the barracks at Vancouver with the rifle regiment, a part of which was to be sent to The Dalles, and to be emplo3^ed at both places in cutting timber for the necessary buildings.
Before these arrangements could be carried out, one hun dred and twenty of the riflemen deserted, and took the road to California, behaving so discreetly as to excite no suspicion of their real character among the settlers, pre tending to be a government expedition, and getting their supplies on credit of the farmers. Governor Lane and Colonel Loring pursued, and overtook one division of seventy men in the Umpqua valley, with whom Lane returned to Oregon City about the middle of April. Loring followed the trail of the others into the snows of the Siskiyou mountains, securing only seven more, and having experienced much hardship, as also . had the deserters, a number of whom were believed to have per ished, as they were never heard from.
9 The only title to lands in Oregon at this period was that conferred by the organic act of the territory upon mission sites, and the supposed possessory rights of the Hudson's Bay Company. It was thought safer to establish a garrison on land which could be purchased of the company than to take it elsewhere. Steilacoom also was planted on land leased from the Puget Sound agricultural company.
The artillerymen were finally removed to Astoria, and
the riflemen to Vancouver, where they were put to work
constructing buildings on the ground declared a military
reservation in the following October. In May, Major S. S.
Tucker was ordered to The Dalles with two companies of
riflemen to establish a supply post. He declared a reser
vation ten miles square, and proceeded to erect suitable
buildings about one mile back from the river. As the
reservation at Vancouver covered a tract four miles square,
and at Astoria included lands settled upon and improved,
there was much dissatisfaction. But when Major Loring
attempted to reserve for an arsenal the land of Meek and
Luelling at Milwaukie, planted with the first fruit trees in
the territory, the resentment of the pioneers reached a
climax, and congress was informed that the Oregonians
would hereafter fight their Indian wars alone, and the
mounted rifle regiment could be withdrawn at any mo
ment ! That these impositions were afterwards corrected
did not lessen the indignation engendered at the time.
In the meantime, no attempt was made by the military authorities to arrest the Cayuse murderers, although Lane had, ever since his arrival, been carrying on negotiations with the Indians in the interior to secure their capture without compulsion. Immediately after his return from the Umpqua with the deserting riflemen, he received word that five of the Cayuses had surrendered themselves to be tried, and escorted by Lieutenant J. McL. Addison with ten men, went to receive them at The Dalles. He found there Tiloukaikt, Tamahas, Klokamas, Isaiachaiakis, and Kiamasumpkin, with their friends and relatives. 10 By what arguments they had been persuaded to give thern- f selves up has never been revealed. Blanchet says that they only consented to come down to hold a talk with the officers of the government; but that does not seem prob-
10 The witnesses at the trial did not always identify the murderers. They swore to seeing Tiloukaikt, his son Edward, Ishholhol, Frank Escaloom, Klokamas, Tam- sucky, Joe Lewis, I Tamahas, and Isiaasheluckus kill certain of the victims. Kiama sumpkin was not named by them, though he confessed his guilt by giving himself up.
able under the circumstances. It is certain they offered
ample pay in horses to be successfully defended, from
which it would appear they expected to stand trial.
The heart and mind of the savage is a wild stock on which it is idle to attempt to graft an advanced civiliza tion and have it bear perfect fruit. Tiloukaikt, the chief of these criminals, when curiously questioned by his captors concerning his motive in giving himself up, asked: "Did not your missionaries teach us that Christ died to save his people? Thus die we, if we must, to save our people." Yet he had no remorse at having slain his teachers, and when offered food from the soldiers mess, scorned to taste it, asking, " What hearts have you to offer me of your food, whose hands are red with your brother s blood?"
It is probable that the Cayuses recognized the fact that theirs was a case requiring a desperate remedy. The long threatened soldiery of the United States had made their appearance, and while they, the Indians, could not buy ammunition, their enemies now had it in abundance. For two years they had roamed about, and peace was farther off than ever, with power accumulating against them. Where hundreds of white men had come from the east before, thousands were coming now to the Pacific coast, and there would be no end of this migration with which they had been threatened. Perhaps white men who un derstood the laws of their people could free them; if not, it was only death, at the worst; and they were not afraid to die.
The prisoners were brought to Oregon City, and confined on an island in the midst of the falls, connected with the mainland by a bridge, which was guarded by a detachment of riflemen under Lieutenant W. B. Lane. The trial was set for the twenty-second of May, the prosecution being con ducted by United States district attorney Amory Holbrook, and the defense undertaken by the territorial secretary, Knitzing Pritchett, assisted by R. B. Reynolds, p aymaster,
and Thomas Claiborne, Jr., captain of the rifle regiment. As there was no doubt of the guilt of the accused, which was sufficiently established on evidence, the defense took the ground that at the date of the massacre the laws of the United States had not been extended over Oregon; the court ruling out this plea by citations of the act of congress of 1834, regulating intercourse with Indians, and the boundary treaty of 1846, which confirmed to the United States all of the Oregon territory south of the forty- ninth parallel. The judge, 0. C. Pratt, might have added that the organic law of the territory confirmed the laws of the provisional government of Oregon not in conflict with the laws of the United States.
Claiborne endeavored to show that in 1834 Oregon was in joint occupancy with Great Britain, and that jurisdic tion was barred, and quoted the act of eminent domain to make it appear that Great Britain could still object to these proceedings should she choose. The questions being argued, Judge Pratt decided that exclusive jurisdiction over Oregon being vested in congress by the treaty of 1846, the act of 1834 ipso facto came into force in the territory, whose jurisdiction was undoubted. Olaiborne then peti tioned for a change of venue, which was refused.
The jurymen called were thirty-eight, out of which number all the older settlers, or those liable to be embit tered against the Indians, were carefully excluded. 11 It could not therefore be said that a fair trial was not accorded the Cayuses, or that their attorneys overlooked any loop hole of escape. They, indeed, argued that the death of Dr. Whitman was brought about by a combination of cir cumstances; that there was no absolute proof that the prisoners were the actual murderers, the evidence of the witnesses being confused and more or less conflicting; and that in any case the death of wives and children among
n The jury accepted were J. D. Hunsaker, A. Jackson, Hiram Straight, Wm. Par- rott, Wm. Cason, A. Post, Samuel Welch, Joseph Alfrey, John Dinman, Anson Cohen, John Ellenburg, and A. B. Holcoinb.
the Cayuses was provocation to justify revenge in the sav
age mind all of which, however true, was futile to
unsettle the conviction in civilized minds that the death
penalty alone could secure indemnity from similar atroci
ties in the future. The verdict of the jury was, "guilty as
charged," and the sentence of the judge was that they be
hung on the third of June. A new trial was asked for
and denied. Governor Lane being absent in the southern
mines at the time, Pritchett declared his intention, as
acting governor, of reprieving the condemned Indians
until an appeal could be taken to the supreme court of
the United States. These declarations caused much ex
citement, and the marshal of the territory was at a loss
how to proceed; but Pratt instructed him that as there
was no certain evidence that Lane was absent from the
territory, Pritchett s acts would be unauthorized. This
opinion coming to the ears of the secretary, he withdrew
his opposition, and the execution took place as ordered.
All through the trial perfect order and decorum pre vailed. There was some fear that a rescue might be attempted on the day of execution, and many persons present came armed, but here again perfect order was maintained. Father Veyret (Catholic) attended the doomed men to the scaffold, and, according to Blanchet, exclaimed, "Onward, onward to heaven, children; into thy hands, Lord Jesus, I commend my spirit." Let us hope the unhappy creatures were comforted. Thus was completed the final act of the most tragic chapter in Orgon s history for many years.
Taking into consideration the condition of the country at the time of the Cayuse war, and the rush of event fol lowing it, the papers and accounts relating to it were pre served with remarkable care, and the business transacted in the main with fidelity. The last provisional legislature of 1848-1849 was informed by Governor Abernethy in his message that "the expenses incurred for the services of
privates and non-cocomissioned officers in accordance with
an act passed twenty-eight of December, 1847, allowing
one dollar and fifty cents per day, amounts to one hun
dred and nine thousand three hundred and eleven dol
lars and fifty cents; in addition to this will be the pay of
the officers and persons employed in the several depart
ments connected with the army. This will devolve upon
you to arrange during your present session; until it is
done the total expenses of the war cannot be ascertained."
Many of the volunteers being in immediate need of pay ment, he recommended that a law should be enacted authorizing the issuance of scrip made redeemable as early as possible, and bearing interest until paid, as it ultimately would be, by the United States. As is usual in such cases, many persons were compelled or persuaded to part with their scrip for less than its face value to others who could afford to wait, and thus were deprived of the compensation intended for their severe fatigues and hard ships.
A resolution was adopted by the legislature early in Feb ruary, 1849, calling for reports "from the adjutant-general of the names, number, and grade, with the number in each grade of all military officers in the territory since the twenty-second day of December, 1847, with the date of their commissions, together with a complete roll of all officers and men engaged at any time since the tenth of December, 1847, by the war department, their rank, grade, and time of service, how long each actually served, and whether any, arid who, quit the service without being duly discharged by the proper officer; what proclamations and military orders have been issued since the twenty- eighth of December, 1847, by the governor or commander- in-chief of the militia, and whether the same have been recorded, and if not, why not; what orders he had issued as received from the governor or commander-in-chief, and whether they have been recorded, and if not, why not; whether he issued forms to all officers required to make
returns, and what returns he has received from military officers, and the names of each officer making the same, and whether said returns have been duly recorded, and if not, why not; whether any person authorized by law to receive military stores or funds for obtaining the same, and who has reported to him the kind of funds or stores so received, and to whom the same were delivered, and if so, whether the said reports have been recorded, and if not, why not; also if any such report has been made to deposit with the clerk of this house for the use of the members during the present session; whether the commis sary-general has reported to him the manner in which he has expended or disposed of military funds or stores, and if so, whether said report has been recorded, and if not, why not; and also to deposit said report with the clerk for the use of the house; whether he has reported quar terly to the governor the state of the militia and military stores, and if not, why not; together with all other official acts of his pertaining to the office of adjutant-general which he may deem of use to the legislature in adjusting the several matters growing out of the late war." 12
By a similarly detailed resolution the commissioners appointed to negotiate loans were required to report to the legislature, and did so as follows:
To the Honorable, the Legislative Assembly of Oregon Territory :
GENTLEMEN : I present you with a schedule of our transactions as loan commissioners for the territory. In accordance with our duties as loan commissioners, we have paid over with the exception of forty-two dollars and seven cents, all moneys and available means to the commissary-general, for which we have obtained his vouchers, with an account of which you are no\v presented. It will be found on examination that we have issued more bonds than we have vouchers for, to meet \vhich discrepancy we have a draft of five hundred dollars on Hamilton Campbell.
Aggregate amount of bonds issued, fourteen thousand seven hun dred and sixty-one dollars and seventy-five cents; aggregate amount of vouchers for commissary-general, fourteen thousand three hun dred and thirty-four dollars and ninety-five cents, leaving a balance of four hundred and sixteen dollars and eighty cents.
12 Resolution of S. R. Thurston : Oregon Archives, Til.
To meet the above we have balanced in George Abernethy s books
to our credit, four thousand two hundred and seven dollars; Rev.
William Roberts draft 011 H. Campbell, five hundred dollars ;
leaving a balance in our favor of one hundred and twenty-five
dollars and twenty-seven cents.
The five hundred dollar draft above alluded to is a draft drawn by Rev. William Roberts on H. Campbell, to the order of the Oregon loan commissioners. W. H. Willson, one of the board, took charge of the draft and was to present to Mr. Campbell for payment. The order or draft was presented to Mr. Campbell, but for what cause I am not able to inform your honorable body, for neither property nor money came into our hands as payment of said draft, but I think it was delivered over to the commissary-general s agents by Mr. Campbell.
There were some drafts drawn on us by the commissary -general as bonds for the payment of debts which the commissary-general had contracted. These drafts we did not accept for this reason, we did not think the commissary-general, or any other officer of this government had any right to purchase property, or negotiate a loan of any kind, without our knowledge or consent, and call on us to pledge the faith of this territory for its payment, as the commis sioners alone were only authorized to negotiate a loan and pledge the faith of this territory for its payment. The act creating the present board authorizes them whenever it becomes necessary to affix the cash value of property to have it appraised by men under oath, consequently we could not execute a bond for the payment of property purchased by the commissary-general or any other officer as they wished. If the bonds were placed in our hands subject to the draft or drafts of the commissary-general, then of course we should issue to the extent of our limits. On the twenty-eighth of March last, or near that time, the commissary-general told me that when he was at The Dalles, it became necessary for him to take wagons and oxen, the property of Phelaster and Philemon Lee, to the amount of two hundred and fifty dollars. I consented to give bonds and did so, but in a few days I was called upon by different persons for bonds for a very large amount; I refused to execute bonds to them until I could see the other two commissioners, and when we met together it was thought best not to give any more bonds for any property, as we knew nothing about it; so for these reasons we refused to give bonds for any more property taken at The Dalles by the commissary-general.
There is another matter I wish to explain it is this : When I commenced to collect funds I was not able to obtain any money ex cept orders on stores in Oregon City ; in consequence of this it was impossible for the commissary-general to obtain articles for the use of the army. He told me to get axes and spades, and these articles were very much wanted to make roads for wagons to pass up the
Columbia river. Philip Foster had subscribed fifty dollars, to be paid on the stores, and John B. Price twenty-five, to be paid also on the stores. These gentlemen told me if I would give them twenty - five per cent premium they would let me have cash, and I told them I would do so. Mr. Foster gave me thirty-seven dollars and a half, and I gave him a bond for fifty dollars ; Mr. Price gave me eighteen dollars and seventy-five cents, and 1 gave him a bond for twenty -five dollars. This I did for the best, but should your honor able body think otherwise, I am ready to pay this government out of my own funds the amount of premium that I found at that time necessary to allow. I bring this to your particular notice because it was noticed at the time by one of the presses of Oregon City. Whatever your decision on this point may be, I alone am responsi ble, as my two associates know nothing of the matter.
The commissary -general, or his agent, A. J. Hembree, Esq., obtained a loan of one hundred and ninety-six dollars and a half, or thereabouts, from Thomas Justin, for which they agreed to get him a bond for two hundred and sixteen dollars and thirty-three cents. I first refused to give the bond for that amount, but the commissary- general being very much in want of cash, and upon consideration, sooner than the money should be returned, I executed the bond to Thomas Justin for two hundred and sixteen dollars and thirty-five cents. All bonds issued by us bear interest at the rate of ten per cent per annum, and all signed by the governor and countersigned by the secretary of this territory. All the books and papers belong ing are hereby transmitted for your examination.
Owing to the resignation of General A. L. Lovejoy as one of the commissioners, and the absence of Dr. W. H. Willson, this docu ment will appear with but one signature.
(Signed). HUGH BURNS,
Commissioner. Oregon City, February 8, 1849.
The following report was furnished by the adjutant- general :
Io the Honorable House of Representatives :
GENTLEMEN : In answer to the resolution calling upon this de partment for documents, papers, &c., &c., for information, I beg leave herewith to transmit the following documents, papers, &c., &c. :
The record of the enlistment and discharge of the first regiment of Oregon riflemen ( marked A ) shows the names of all officers, field and staff, together with a complete roll, term of service, and amount of pay belonging to each non-commissioned officer and private.
The staff, field, and commissioned officers, the respective amounts due them have not been carried out. There has been some differ ence of opinion relative to the amounts due said offic ers. It has
been contended by some that they were entitled to the same pay as officers of the same grade in the United States army. But this department has declined making up their pay at all, until such time as this department shall have further instructions from your honorable body.
The record, roll, &c., &c., include all that have been engaged in the war, except an extra official report by H. A. G. Lee of about fifty men, rank and file ( marked B ), being the first company that went to The Dalles, and a report of Felix Scott, captain, who volun teered their services, and found themselves, to protect the southern frontier (marked C), together with all orders to that officer issued from this department; and one other report which came to this C } office this day from Captain Levi Scott, who commanded the Cali fornia expedition, &c. (marked D). There was never any order issued to that officer from this department.
Agreeably to the report of Colonel Lee, there were some few men who left the service without leave, which report is herewith trans mitted for your inspection ( marked E).
There has been no proclamation issued since the twenty-eighth of December, 1848, and why not recorded because none to record ; but I herewith transmit some proclamations and military orders that issued on and since the twenty-fifth of December, 1847, under the mark of F, all of which have been recorded in my office. Forms have been issued to all officers requiring the same.
Returns have been generally received from the respective officers required to make returns, and the same have been duly recorded in my office at Oregon City; the same are embodied under the mark A. There has been no report to this department from any person of the reception of military stores, or funds of any kind, other than those referred to your honorable body by his excellency, Governor Aber- nethy. Nor has the commissary or quartermaster-generals reported to this department the manner in which they have expended the funds, if any they have received, or the military stores other than as above. \
The governor has [ been ] always informed and thoroughly ad vised of the doings and acts of the army at all times, up to the time of disbanding the army, and since that time when any new matter occasioned anything new.
And, in conclusion, allow the undersigned to observe that the officers were generally disposed to do their duty, but owing. to the want of books and information relative to their respective duties, there were many informalities, which, of course, has rendered it very difficult for this department to arrive to an exactity in relation to the number of men, rank and file. There was continually trans fers going on from one company to another, though contrary to in structions. Likewise there was, among the commissioned officers, resignations going on and new elections taking place to fill the re
THE CA YU8E WAR. 257
spective vacancies occasioned thereby, which by personal inter views with some of the officers would seem never reached this office; and most likely there were some commissioned officers who acted in their respective capacities, who have not been reported, and the same may be the case with some of the privates.
In the case of H. A. G. Lee s extra official report under the mark of B, the said men have not been reported to this office at all, and this is the reason they are not enrolled among the other companies under the letter A. These men responded to their country s call, and were on the line of march without an hour s warning to avenge their country s wrongs and shall they have no pay?
And likewise, in the case of Captain Levi Scott, who commanded the California expedition, whose report came into my office this day. That officer, and those connected with him, underwent many hard ships and fatigues in the service of their country. It was deemed by the governor, and the community generally, that an express to California would, in a measure, relieve this government from its then critical situation, which was ardently desired by all. Captain Levi Scott was commissioned the seventh of March, 1848, with grade as captain ; and from the fifth of February, 1848, likewise, Captain Felix Scott, L. N. English, first lieutenant, and J. H. Lewis, second lieutenant. These officers were commissioned the tenth of May, 1848, with the grade respectively, and rank from the first of May, 1848. How long, and what time, these said officers and privates were in service, has never been reported to this depart ment. J. M. Garrison was commissioned as captain the seventh of March, 1848, and took command of a small reinforcement and pro ceeded to The Dalles, where said Garrison was directed to remain, subject to the orders of the commandant in the field. How long the said Garrison served in that capacity is unknown to this depart ment.
I herewith transmit further for your consideration and informa tion all military orders issued by the governor that did not pass through this department, under the letter H. Every information and explanation that is in the power of this department will be cheerfully given, while I have the honor to remain, gentlemen, Your very humble and obedient servant,
A. L. LOVEJOY, Adj utant-General.
Accompanying this report was the following:
ADJUTANT-GENERAL S OFFICE,
OREGON CITY, December 1, 1848. To His Excellency, George Abernethy, Governor of Oregon :
SIR : Herewith I beg to transmit a report of the amount due the several companies composing the first regiment of Oregon riflemen
17
for their services in the war between the territory of Oregon and the Cayuse Indians, showing an aggregate of ($109,311 50) one hundred and nine thousand three hundred and eleven dollars and fifty cents. This amount does not include the services of any of the commis sioned officers, as there has been no provision made for their pay. Company K was formed out of the companies of Captains English and Garrison on the seventeenth of April, 1848, on which day the officers were elected. Company I was formed by Colonel James Waters at Fort Waters 011 the seventh day of June, 1848, and re mained in service until the twenty-ninth of September, 1848.
I beg leave also to hand you herewith two reports from the com missary and quartermaster-generals department, viz., A, showing the amount of liabilities created by those departments; and B, show ing the amount of disbursements by those departments.
I have the honor to remain, very respectfully, your obedient ser vant,
ALBERT E. WILSON,
Assistant Adjutant-General.
To A. E. Wilson, Acting Adjutant-General:
A. Report of the commissary and quartermaster-generals, show ing the amount of liabilities created by the commissary, quarter master, and ordnance departments in the war between the territory of Oregon and the Cayuse Indians, classed as under : Aggregate of stationery, one hundred and forty-four dollars and eighty-eight and one-half cents; aggregate of camp equipage, seven hundred and ninety-nine dollars and fifty -eight cents; aggregate of horses, etc., one thousand nine hundred and twenty -seven dollars; aggregate of saddlery, seven hundred and thirty-two dollars and sixty-three cents; aggregate of arms and repairs, one thousand three hundred and nineteen dollars and sixty cents; aggregate of ammunition, eight hundred and twenty-seven dollars and twenty-one and one- half cents; transportation, creating Fort Gilliam included, five thousand two hundred and twenty dollars and forty-one and one- half cents; aggregate of subsistence, fourteen thousand four hun dred and twelve dollars and seventy-three and one-half cents; aggregate of ferryage, six hundred and eighty-three dollars and ninety-two cents; aggregate of medical department, three hundred and ninety-six dollars and seven cents; aggregate of commissary s assistants, agents, expenses, office rent, forage for volunteers horses, &c., one thousand one hundred and thirty-nine dollars and seven and one-half cents; aggregate of premium on cash payments, sev enty-four dollars and twenty-seven cents; aggregate of Indian agency, two hundred and fifty-four dollars and eighteen and one- half cents; aggregate of California expedition, five hundred and fifty-one dollars and seventy cents; aggregate of interest account, twenty -three dollars and sixty-nine cents; aggregate of s mithing
and saddle making, seven hundred and thirty-two dollars and sixty-three cents. Total liabilities adjusted, thirty-three thousand three hundred dollars and four and one-half cents.
Unadjusted liabilities, when settled, to be added to their respective accounts : Merchandise (from caches), George Abernethy s account, Hudson's Bay Company s account ( a small balance ). Blacksmiths Jason Wheeler, Joseph W. Downer, W. T. Nanvoorst, David
Weston, and J. M. Johns, days at dollars. Saddlers S. S.
Duffield, J. R. Payne, and Wm. Martin, days at - - dollars. Commissary department A. E. Wait, J. D^Crawford, H. A. Smith, S. H. Goodhue, J. Keller, . Johnson, W. H. Rees, and J. Force, days at - - dollars. Quartermaster s department B. Jennings, C. W. Cooke, John Fleming, James Taylor, and A. A.
Robinson, days at dollars. Ordnance A. C. R. Shaw, D.
H. Lownsdale, and S. J. Gardner, days at dollars. Wagon- master Henry Wordeh, days at dollars. Total, dollars.
LOT WHITCOMB, Acting Commissary-General.
B. Report of the commissary and quartermaster-generals, show ing the amount of disbursements in the commissary, quartermaster, and ordnance departments in the war between the territory of Ore gon and the Cayuse Indians, as per vouchers on file in this office : Amount paid for stationery, one dollar and twelve and one-half cents; ammunition, fifteen dollars and nine-five cents; camp equipage,
dollars; arms and repairs, dollars; transportation, four hundred
and thirty-seven dollars and seventy-seven cents; horse account, fifteen thousand four hundred and forty-four dollars ; merchan dise, four thousand two hundred and fifty -six dollars and eight cents; saddlery, - - dollars; subsistence, two thousand nine hun dred and forty-seven dollars and ninety-one and one -half cents; med ical department, - - dollars; California expedition, five hundred and fifty-one dollars and seventy cents.
Total amount of cash received from loan commissioners, one thousand five hundred and twenty-five dollars and eighty-nine cents; deduct discount on sovereigns, five dollars and fifty -six cents. Total, one thousand five hundred and twenty dollars and thirty- three cents. Amount received from other sources for which com missary s duebills are issued, one thousand three hundred and sixty- four dollars and sixty-nine cents; total amount of cash received, two thousand eight hundred and eighty-five dollars and two cents; total amount of cash paid out per vouchers, 14 one thousand eight hundred and eleven dollars and fifteen and one-half cents; charged J. Palmer s private account, seventy-three dollars and eighty-six and one-half
14 This amount, copied from the Oregon archives, is apparently an error. It should be two thousand eight hundred and eleven dollars and fifteen and one-half cents.
cents. This department has drawn orders on the loan commission
ers from number one to number two hundred and seven inclusive;
cash included, sixteen thousand one hundred and twenty-seven dol
lars and thirty-three and one-half cents; commissary due bills ( out
standing) about five thousand three hundred and one dollars. The
amount of subsistence when the returns are fully made will not be
far from eleven thousand four hundred sixty-four dollars. There is
remaining in the hands of the commissary-general the following :
At Fort Wascopam 15 about sixty head of Spanish cattle; at Forts
Wascopam and Waters about twenty -five horses; in the valley about
forty head of cattle, eight or ten horses, six kegs powder, four large
kegs powder, one box caps, four rifles, twenty-six muskets, one
shotgun, lead, balls, shot, one tent, five sickles, ten hoes, four hand
saws, one broadaxe, one adz, one fine saw, one crosscut saw, one
spade, sixteen camp kettles, two frying pans, eight spoons, nine tin
pans, ten plates, and three coffee pots.
The several accounts of camp equipage, arms, and repairs, and saddling, owing to reports from proper officers not being full on those accounts, and the transactions of the disbursing officers are yet unsettled, renders it impossible to state the precise amount of articles lost and worn out in the service, consequently prevents at present being stated the amount paid by each. There are vouchers in this office covering the total amount of cash when added to the amount in hand.
I have the honor to be, sir, your obedient servant,
JOEL PALMER, Per LOT WHITCOMB, A. C. G.
On the sixteenth of February, 1849, Governor Aber- nethy approved an act passed by the provisional legisla ture, entitled "An act to provide for the final settlement of the claims against the Oregon government for and on account of the Cayuse war." The act appointed a board of commissioners, consisting of Thomas Magruder, Samuel Burch, and Wesley Shannon, whose duty it was to exam ine and adjust these claims; said commissioners to receive five dollars a day u for every day necessarily so employed," and to meet on the first Monday in every month, remaining in session " as long as there was any business before them ;" the last meeting to be held on the first Monday in the fol lowing November. 16
w Fort Lee at The Dalles, is Oregon Archives, MS. 1050.
Before November the new government had come in and
the territorial legislature in August, 1849, passed another
act "to provide for settling Cayuse war claim," and for an
election by both houses of "a commissioner" 17 to investi
gate all claims growing out of or pertaining to the Cayuse
war; said commissioner to be allowed five dollars a day
for each day he should be actually engaged in the dis
charge of his duties, to be paid out of the territorial treas
ury, and to hold office for one year. A. E. Wait was the
commissioner elected. It was not expected that the busi
ness of adj using these claims should be accomplished in
one year, nor was it.
A committee of the congress of the United States., moved by the eloquence of Samuel R. Thurston, the first territo rial delegate, agreed to appropriate one hundred thousand dollars wherewith to pay the expenses of the Cayuse war, Thurston telling his constituents that it was "that or noth ing," and indeed, considering the parsimony which had hitherto characterized the action of congress towards the Oregon people, this was a munificent sum ; but the inves tigations of Commissioner Wait convinced the legislature which met in December, 1850, that an additional fifty thousand would be required to extinguish the debt, as the following extract from a memorial from this legisla ture to congress gives evidence :
It appears that he (the commissioner) has investigated, allowed, and certified claims against the late provisional government of Ore gon, after deducting all payments and offsets, the sum of seventy- six thousand eight hundred and thirty dollars and twenty-four cents. By the same it appears that his predecessor so audited the sum of ten thousand four hundred dollars and twenty-nine cents, making the total amount audited and certified by the present com missioner and his predecessor, eighty-seven thousand two hundred and thirty dollars and fifty-three cents. In his report the commis sioner estimates the probable expense of the war at one hundred and fifty thousand dollars. The debts due the several in
dividuals, as ascertained and set forth in the commissioner s report, are for services rendered or material furnished by the citizens of this
17 Oregon Archives, MS. 1052.
territory, many of whom, by so doing, were left in a suffering con
dition. Men left families depending on their daily labor for sub
sistence, farmers turned their horses loose from the plough in the
furrow and furnished them to the army for transportation. They
have waited nearly three years, and received as yet no remunera
tion. Your memorialists respectfully but firmly conceive that the
expenses of the war should be borne by the nation at large ; that it
was a war fought in self-defense for the United States by the people
of this territory. The time has come when the men who spent
their time, money, and property in the prosecution of that war
should be remunerated. The territory is too weak to do it and meet
the demands made upon her resources by her growing interests. To
conclude, your memorialists respectfully but firmly pray your hon
orable body, at your present session, to appropriate the sum esti
mated by the commissioners on Cayuse war claims, according to
the annexed report, to be expended, ( under the direction of the leg
islature of this territory, or by such officer as congress may direct ) ,
in the payment of the expenses incurred by the late provisional
government of Oregon in the Cayuse war. 18
/ The first bill actually passed for the payment of the Cayuse war debt was for seventy-three thousand dollars, and in 1853-4 Hon. Joseph Lane concluded the business by securing an appropriation of seventy-five thousand dollars to pay the remaining expenses. Lane also secured the passage of a bill giving bounties to volunteers in any wars in which they had been regularly enrolled since 1790, which was intended to cover the Oregon Indian wars. Some private claims have been paid from time to time. There remained until the present decade only a bill for the relief of Captain Lawrence Hall s company, which was in the hands of Senator Mitchell, Captain William E. Birk- himer, United States army, having been designated to examine the accounts, who found in favor of their payment. The Cayuse war marked, and closed the existence of the provisional government of Oregon. As an example of the facility with which Americans organize and establish gov ernments or armies, it is one of the most interesting on record, and as an illustration in the main of the good points in American character it is noticeable. "When I
" Oregon Archives, MS. 1044. was about to start for Fort Colville with my company to escort the missionary families," says Major Magone, "I addressed my men, telling them that they were about to perform the duty of gentlemen toward refined Christian women, and I trusted that those ladies would be shocked by no word of profanity, or act of rudeness while under the company s care; and I never had occasion to reprove a man of them." Brave in the presence of the enemy, they could be gentle where gentleness was becoming.
- ↑ Oregon Spectator, April 29, 1847.
- ↑ Pickett was an immigrant of 1843; county judge of Clackamas county in 1845, and appointed Indian agent in 1847. He did not serve, but became somewhat conspicuous in California by his writings.
- ↑ The invoices were dated June twenty-seventh and July tenth, respectively. They arrived by the Henry August ninth: Oregon Spectator, September 7, 1848.