I shall now take up the matter of Dr. McLoughlin's land
claim at Oregon City. Many writers and speakers have spoken of his land
claim being taken from him, in a loose way, as "unjust treatment," or as
"robbery." I shall briefly state the facts, as I have found them. The early
pioneers know these facts. They should be known by everyone in justice to
Dr. McLoughlin and to his memory.
Prior to the Donation Land Law, there were no lawful
titles to lands in Oregon, except lands given to Missions by the law
establishing the Territory of Oregon. The Donation Land Law was passed by
Congress, and was approved by the President September 27, 1850. Prior to the
organization, in 1843, °f the Oregon Provisional Government, the only
law, or rule of law, in Oregon was the Golden Rule, or rather a consensus of
public opinion among the few settlers in Oregon. When a person settled on a
piece of land and improved it, or declared his intention to claim it, all
other settlers respected his possessory rights. Each settler thought that on
the settlement of the boundary line between the United States and Great
Britain, his land claim would be recognized and protected, which he had thus
claimed while there was joint-occupancy under the Conventions of 1818 and
1827.
It was in 1829 that Etienne Lucier, one of the Hudson's
Bay Company's servants, of whom I have spoken, settled in the Willamette
Valley at French Prairie, now in Marion County. Other servants of the
Hudson's Bay Company, as their terms of service expired, and a few
Americans, had settled at or near French Prairie prior to 1834, so that when
the first missionaries came, there was a thriving, although small,
settlement near where Jason and Daniel Lee established their first mission
in 1834. This mission had no title to the land where the Mission was
established, yet its rights were recognized and respected.
In 1829 Dr. McLoughlin for himself took possession of the
land and water power at the falls of the Willamette River on the east side
of the river at and near what is now Oregon City. In his land claim was the
valuable, but small, island containing about four or five acres of available
area in low water, and two or three acres in ordinary high water. It was
separated from the east bank by a part of the river, in summer not more than
forty feet wide; it was situated near the crest of the falls. Its location
made it valuable for convenient use of water power. This island was
afterwards known as "Governor's Island," but was called "Abernethy Island"
in the Donation Land Law, and is now known by the latter name. This island
is now owned by the Portland General Electric Company. It lies partly in the
"Basin" at Oregon City. On it is now erected a large wooden building called,
by that Company, "Station A." As I have said, in 1825 the Hudson's Bay
Company knew that
England did not intend to claim any part of the
Oregon Country south of the Columbia River, so it did not want for itself
any permanent or valuable improvements in the Willamette Valley.
In 1829 Dr. McLoughlin began
the erection of a sawmill at the falls. He caused three Houses to be erected
and some timbers to be squared for a mill. This work continued until May,
1830. In 1829 the Indians there burned these squared timbers. In 1832 he had
a mill-race blasted out of the rocks from the head of the island. It has
been asserted that these improvements were made for the Hudson's Bay
Company, but were discontinued by it because it did not wish to erect
valuable improvements there. But in the McLoughlin Document he says: "I had
selected for a claim, Oregon City, in 1829, made improvements on it, and had
a large quantity of timber squared." Who ever knew or heard of Dr.
McLoughlin telling a lie? That he was a man of the highest honor and
truthfulness is established beyond all doubt. This claim was taken by him in
the same year that Lucier settled in the Willamette Valley. It is evident
that Dr. McLoughlin took this claim, for his old age and for the benefit of
himself and children.31 From about 1838 until the passage of the Donation
Land Law in 1850, he openly and continuously asserted his right to his land
claim, including Abernethy Island. No adverse claim was made until about
July, 1840, less than sixty days after the arrival of the ship Lausanne,
when certain members of the Methodist Mission began to plan to take these
lands and rights from Dr. McLoughlin, and in the end succeeded, but only
partially for themselves. Dr. McLoughlin's right to his land claim was as
good as that of any other person in Oregon to his own land claim. April i,
1843, Dr. Elijah White, who came to Oregon in 1837, as a Methodist
missionary, but was then United States Sub-Agent of Indian Affairs, in an
official report to the Commissioner of Indian Affairs, at Washington, D. C,
said of the Shortess petition, to which I shall presently refer: "A petition
started from this country today, making bitter complaints against the
Hudson's Bay Company and Governor McLoughlin. On reference to it (a copy was
denied) I shall only say, had any gentleman disconnected with the Hudson's
Bay Company been at half the pains and expense to establish a claim on the
Wallamet Falls, very few would have raised any opposition." Under the
joint-occupancy every British subject had the same or equal rights in the
Oregon Country that a citizen of the United States had.
December 18, 1839, Senator
Linn introduced a series of resolutions in the United States Senate, which
were referred to a select Committee. March 31, 1840, this Committee reported
a substitute. The chief feature was a provision for granting to each male
inhabitant of Oregon, over eighteen years of age, one thousand acres of
land. December 16, 1841, Senator Linn introduced his famous bill thereafter
known as the "Linn Bill," which granted six hundred and forty acres of land
to every white male inhabitant of Oregon, of eighteen years or over, who
should cultivate the same for five years. This bill was favorably reported
back to the Senate and subsequently passed the Senate, but failed in the
House. The Oregon Donation Land Law was largely based on this bill. In
neither the Linn resolution nor in the Linn bill was any difference made
between American citizens and British subjects, or other aliens as to the
right to take land. The Oregon Donation Land Law of September 27, 1850,
applied to every white settler (including aliens) over eighteen years of age
then a resident of Oregon, or who should become such a resident prior to
December 1, 1850, except Dr. McLoughlin. In case of an alien he must either
have made his declaration, according to law, to become a citizen of the
United States prior to the passage of the Donation Land Law or do so prior
to December 1, 1851. The Linn bill was largely instrumental in causing the
early immigrations to Oregon. It was felt by these immigrants that it, or a
similar law, was bound to pass Congress. The Oregon Donation Land Law was
such a law. Dr. McLoughlin believed that such a bill was bound to become a
law.
The Methodist Mission, as a mission, did not, officially,
attempt to deprive Dr. McLoughlin of any of his land. There were some of the
missionaries who opposed any such action. But others of them saw that if the
Mission obtained any of Dr. McLoughlin's land claim, it would belong to the
Mission or to the Church, so they readily proceeded, as individuals, for
their own private gain. In 1840, shortly after the arrival of the Lausanne,
Rev. Jason Lee, as Superintendent of the Methodist Mission, appointed Rev.
A. F. Waller to labor for the Indians at Willamette Falls and vicinity. The
Mission took up a claim of six hundred and forty acres north of Dr.
McLoughlin's claim. The Mission's religious work was done by Waller on this
claim, where Gladstone Park is now situated, and also at a point on the west
bank of the Willamette River opposite Oregon City. At both of these places
there were a number of Indians.33 In the summer of 1840 Waller was sent to
establish this Mission. Dr. McLoughlin generously assisted the undertaking.
He gave the Mission a piece of land in his claim on which to erect a
mission-house; and, at the request of Rev. Jason Lee, the Superintendent of
the Mission, Dr. McLoughlin loaned it some of the timbers, which he had
caused to be squared, to build the mission-house. Timbers to take the place
of those so loaned were never furnished to Dr. McLoughlin, nor were the
timbers ever paid for. It was soon reported to Dr. McLoughlin that the
Methodist Mission would try to take or to jump his claim. He at once (July
21, 1840) notified Jason Lee, Superintendent of the Mission, of the facts:
That Dr. McLoughlin had taken possession of this land claim in 1829, and
also of his intention to hold this land as a private claim. He gave Lee the
general description of the land so claimed by Dr. McLoughlin, viz: "From the
upper end of the falls across to the Clackamas river, and down where the
Clackamas falls into the Willamette, including the whole point of land, and
the small island in the falls on which the portage was made." This is the
island later known as "Governor's" or "Abernethy" Island. After giving the
notice mentioned, Dr. Mc-Loughlin concluded his letter with these words:
"This is not to prevent your building the store, as my object is merely to
establish my claim." A satisfactory answer was returned and Waller proceeded
in the erection of the mission-house, which was divided into two apartments,
one of which served as a dwelling, and the other as a storeroom for the
goods of the Mission.
In 1841 Felix Hathaway, in
the employment of the Mission, began to build a house on the island, at
which Dr. McLoughlin remonstrated with Waller, but the latter assured Dr.
McLoughlin that no wrong was intended and Hathaway stopped his building
operations. Matters ran smoothly until the autumn of 1842. By this time Dr.
McLoughlin had again made improvements on his claim, having it surveyed and
part of it laid off in town lots and blocks, which he named Oregon City.
Some of these lots and blocks he gave away, some he sold. I cannot go into
all the evasive actions of Waller and the false statements and claims made
by him, and by John Ricord, his attorney, in relation to Waller's supposed
rights to Dr. McLoughlin's land claim. Waller employed Ricord as an attorney
and asserted his ownership of all the McLoughlin land claim, except
Abernethy Island, to which the Oregon Milling Company laid claim. A public
proclamation signed by Ricord as attorney for Waller, although dated
December 20, 1843, was publicly posted at Oregon City early in 1844. It set
forth the alleged illegality of Dr. McLoughlin's claim and the imaginary
rights of Waller. Whatever possession Waller had of any part of this land
was due to the kind permission of Dr. McLoughlin. Waller attempted to turn
this kindness into a question of right to the whole land claim, excepting
Abernethy Island. An agreement or settlement, dated April 4, 1844, was
executed by Rev. A. F. Waller, Rev. David Leslie, acting Superintendent of
the Methodist Mission, and by Dr. McLoughlin. Under this agreement Dr.
McLoughlin was compelled to pay Waller five hundred dollars and to convey to
Waller eight lots and three blocks in Oregon City, and also to convey to the
Methodist Mission six lots and one block in Oregon City. What right the
Mission had to insist on the conveyance to it of this land has never been
explained-Waller, in said agreement or settlement, surrendering and forever
abandoning to Dr. McLoughlin "all claims, rights, and pretensions
whatsoever" which Waller had to the land claim of Dr. McLoughlin, which is
described in said agreement as "a tract of land situated at the falls of the
Wallamette River on the east side of said River, containing six hundred and
forty acres, and surveyed by Jesse Applegate in the month of December, A. D.
1843." This survey included Abernethy Island. There were not then any courts
in Oregon to which Dr. McLoughlin could apply for relief, as he had not then
joined the Provisional Government. It was probably better and cheaper for
him to submit to this unfair agreement, otherwise he would have been
compelled to allow Waller to take the land or to have ousted him by force.
July 15, 1844, about three
months after this settlement, Rev. George Gary, who was then closing the
Methodist Mission in Oregon and disposing of its property, in a letter to
Dr. McLoughlin offered to sell back these lots and block given to the
Mission by Dr. McLoughlin, with the improvements thereon, excluding the two
lots given by Dr. McLoughlin in 1840 on which the Methodist Church was
built. Gary valued the lots to be sold at two thousand, two hundred dollars,
and the improvements thereon at three thousand, eight hundred dollars. Gary
made the conditions that the possession of a warehouse should be reserved
until June, 1845, and the house occupied by George Abernethy until August,
1845. Gary made some other reservations and wrote that there must be an
answer in a day or two. Dr. McLoughlin considered this offer extortionate.
He wrote an answer to Gary calling attention to the fact that he had so
recently given the lots to the Mission, that it would be the fairest way for
Gary to give Dr. McLoughlin back the lots, since the Mission had no longer
any use for them, and let him pay for the improvements; that one of the
houses was built with lumber borrowed from him and had not been paid for. He
suggested that the matter be referred to the Missionary Board. But Gary
rejected every proposal. Dr. McLoughlin was compelled to yield and agreed to
pay the six thousand dollars demanded by Gary.38 Notwithstanding the fact
that this agreement executed by Waller and Leslie, dated April 4, 1844, was
made as a final settlement of the matter, the conspirators determined to
deprive Dr. McLoughlin of his land claim, even if they did not profit by it.
They succeeded by means of the Oregon Donation Law, as I shall presently
show. These conspirators had previously arranged to take or "jump" Abernethy
Island.
Rev. Dr. H. K. Hines was too
honorable a man to justify these proceedings. As he came to Oregon in 1853,
it appears that he did not know all the facts, but such as he knew, even
from Methodist missionary sources, did not commend Waller's actions to Hines
in regard to Dr. McLoughlin and his land claim. In his Missionary History,
pages 353-355, Dr. Hines says: "At Oregon City the Mission as such deemed it
wisest not to file any claim as against that of Dr. McLoughlin, Chief Factor
of the Hudson's Bay Company at Vancouver, who had made some movements toward
the occupation of that valuable property before the Mission was established.
Perhaps all in the country at that time, Mr. Lee included, did not consider
the claim of Dr. McLoughlin as a British subject and the head of a great
British corporation, such a claim as would be recognized in law when the
government of the United States should extend its jurisdiction over the
country, which they believed it was sure to do in a short time. . . . The
mission work at this general point was mostly done on the "west side
of the river at The Falls, and at the villages on the Clackamas where
'Gladstone Park' is now situated, and where the Mission had a farm, and a
claim of a square mile of land. This stood in exactly the same relation to
the Board as did the claim at The Dalles and at Salem.
"It is proper that we say here that much controversy
arose at Oregon City through the fact that Rev. A. F. Waller filed a claim
in his own behalf on the land to which Dr. McLoughlin was also laying claim,
on the ground that the latter, being a British subject, could not obtain
title under the land laws of the United States. With this the Mission, as
such, had no connection whatever, and hence this history does not deal with
the question." Nevertheless, joint-occupancy, Senator Linn's resolution and
bill, the Donation Land Law, subsequently passed, natural justice and right,
and common decency should have been recognized as giving Dr. McLoughlin full
right to his land claim from the beginning.
At least three of the Methodist missionaries and those
connected with the Methodist Mission were not citizens of the United States
at any time prior to the passage of the Donation Land Law in 1850. Rev.
Jason Lee was a native of Canada and died in Canada. He did not become a
citizen of the United States. His allegiance was always that
of a British subject. Jason Lee was of English descent. His parents were
born in the United States but settled at Stanstead, Canada, and made it
their home several years prior to his birth. He was born at Stanstead in
1803 and that was his home until 1834, when he came to Oregon. For a number
of years he worked in the pineries in the north of Canada. In 1826 he was
"converted" and joined the Wesleyan Church of Canada. In 1827 he entered the
Wesleyan Academy at Wilbraham, Massachusetts. After attending that Academy
for a time, he returned to his home at Stanstead, where he stayed for
several years, first teaching school and afterwards becoming a preacher of
the Wesleyan Church of Canada. For several years he had desired to be a
missionary among the Indians and in 1832 or 1833 offered his services as a
missionary to the Indians of Canada to the Wesleyan Missionary Society of
London. In 1833, while waiting a reply to his application, he was offered
the appointment by the New England Conference of the Methodist Episcopal
Church of "Missionary to the Flathead Indians," and was admitted as a member
of the latter Conference. In the spring of 1834 he started for Oregon,
which, during the rest of his life, was jointly occupied by citizens of the
United States and subjects of Great Britain under the Conventions between
these countries. The political status of a resident of Oregon then remained
as it was when he arrived in Oregon. It could not be changed there during
joint-occupancy. He died at Lake Memphremagog in Canada, March 2, 1845. His
body was buried at Stanstead. These facts I have obtained mostly from Dr.
Hines' Missionary History of the Pacific Northwest, and I have
verified them from other reliable sources.
Rev. Daniel Lee was also born in Canada. Up to the time
of his return to the Eastern States in .1843, he had not become a citizen of
the United States. As the rest of his life was spent as a Methodist minister
in the United States, he probably became a citizen of the latter country.
Rev. Daniel Lee, I believe, took no part in, nor did he encourage, or
sympathize with any action against Dr. McLoughlin.
Joseph Holman (not a relative of mine) was born in
England, August 20, 1815. In 1833 he went to Canada where he lived for
several years. About 1836 or 1837 he went to Ohio and later went to
Illinois. In 1839 he started for Oregon. He arrived at Fort Vancouver June
1, 1840, the same day the Lausanne arrived there. In 1840 or 1841 he became
connected with the Methodist Mission. Shortly after his arrival he took up a
land claim a mile square near the present city of Salem. A person could not
become a citizen of the United States until he had resided therein for at
least five years. So he could not become such a citizen in the East for he
had not resided in the United States more than three years when he started
for Oregon in 1839. It was in Oregon, after the United States Courts were
established in 1849, that Joseph Holman first made application to become a
citizen of the United States and became one. As Jason Lee and Daniel Lee
took up the land on which the Methodist Mission was situated and they were
British subjects, their rights as land claimants were the same as those of
Dr. McLoughlin. The Mission, as such, had no legal status to acquire land
prior to the Act of 1848 organizing Oregon Territory. The land claim of
Joseph Holman had the same status as that of Dr. McLoughlin - just as good,
but no better.
