As shown in Dr. McLoughlin's
printed letter of September 12, 1850, Thurston had sent to a confidant in
Oregon, with instructions for secrecy, a printed copy of his letter to the
House of Representatives. He also sent a printed copy of the bill for the
Donation Land Law. These arrived in Oregon late in August or early in
September, 1850. The eleventh section of the latter began to be noised
about, and Thurston's friends, who were not in the conspiracy, met the
charge with scornful denials. They said such a thing was not possible. But
it was.48 There were Oregon pioneers who protested. Before the law passed,
when the intended action of Thurston became known, in relation to said
section eleven, on September 19, 1850, a public meeting was held in Oregon
City. Resolutions were passed declaring that the selection of the Oregon
City claim for an university reservation was uncalled for by any
considerable portion of the citizens of the Territory, and was invidious and
unjust to Dr. McLoughlin; and that he "merits the gratitude of multitudes of
persons in Oregon for the timely and long-continued assistance rendered by
him in the settlement of this Territory." At the same time a memorial to
Congress was signed by fifty-six persons, which set forth that Dr.
McLoughlin had taken up the Oregon City claim like other claims in the
Territory, and it had been held by him in accordance with the Provisional
and Territorial governments of Oregon; that the memorialists have ever
regarded it as entitled to protection as fully as other claims, without an
intimation to the contrary from any official source until that time; that
under this impression, both before and especially since March 4, 1849, large
portions of it in blocks and lots had been purchased in good faith by many
citizens of Oregon, who had erected valuable buildings thereon, in many
instances, in the expectation of having a complete and sufficient title when
Congress should grant a title to Dr. McLoughiin, as was confidently
expected; that since March 4, 1849, he had donated for county, educational,
charitable, and religious purposes more than two hundred lots. They,
therefore, remonstrated against the passage of the bill in its present form,
believing that it would work a "severe, inequitable, unnecessary, and
irremediable injustice." There were no telegraph lines in Oregon or
California in those days. And the bill was a law eight days thereafter.
I am happy to say that among
those who took part in these proceedings and signed this memorial were my
father, James D. Holman, a pioneer of 1846, and my uncle, Woodford C.
Holman, a pioneer of 1845. October 26, 1850, a public meeting was held at
Salem, the stronghold of the Mission Party. At this meeting a committee on
resolutions was appointed. The resolutions reported by the committee were
adopted. They "highly approved all the actions of Samuel R. Thurston in
Congress," and said "that facts well known in Oregon will sustain him in all
he has said about Dr. McLoughlin and the H. B. Company." Another of these
resolutions heartily approved the course taken by Thurston, in Congress upon
the Donation Land Bill "especially that part which relates to the Oregon
City claim," and "that if that claim should be secured to Dr. McLoughlin it
would, in effect, be donating land to the H. B. Company." Another of these
resolutions was, "That in the opinion of this meeting, the children of
Oregon have a better right to the balance of that claim [Oregon City claim]
than Dr. McLoughlin." Another of these resolutions was, "That the H. B.
Company, with Dr. McLoughlin as their fugleman, have used every means that
could be invented by avarice, duplicity, cunning, and deception to retard
American settlement, and cripple the growth of American interests in
Oregon."
There are certain qualities in some men which move them
never to forgive a favor bestowed on them; to ruin those they have wronged
or cheated; to endeavor to cover with obloquy those they have lied about;
and to seek to hurt any one of better quality than they are. As a native son
of Oregon I am ashamed of some of its pioneers and their actions. But in
such a movement as the early settling of Oregon, there were, of necessity,
some men of coarse fiber, and of doubtful integrity and honor. But such men
were rare exceptions. To the honor of the overwhelming
majority of the Oregon pioneers, be it said that they took no part in these
actions against Dr. McLoughlin, nor did they endorse or sympathize with
Thurston's actions and those of his co-conspirators against Dr. McLoughlin.
It must be borne in mind that many thousands of people,
men, women, and children, came to Oregon in the immigrations after 1846.
There were probably in the immigrations of 1847 to 1850, inclusive, an
aggregate of more than ten thousand people, the number of men being in the
ratio of about one to four. The immigration of 1847 was composed of over
four thousand persons. These later immigrants did not experience the
difficulties which beset the earlier immigrants along the Columbia River and
from there to the Willamette Valley. They did not need the assistance of Dr.
McLoughlin which the immigrants of 1843, 1844, and 1845 did. They found
Oregon City a small but thriving settlement. Some of them were easily led to
believe that Dr. McLoughlin was not entitled to his land claim, which they
thought was a valuable one, especially as he was technically a British
subject. But most of them were friendly to him for his kindness to them, and
for what he had done for the earlier immigrants. They appreciated that he
was justly entitled to his land claim. The love of justice and fair play
were predominant traits of most Oregon pioneers.
The Oregon Donation Land Law. The Donation Land Law
passed and was approved by the President September 27, 1850. Section 4
"granted to every white settler or occupant of the public lands, American
half-breed Indians included, above the age of eighteen years, being a
citizen of the United States, or having made a declaration, according to
law, of his intention to become a citizen, or who shall make such
declaration on or before the first day of December, eighteen hundred and
fifty-one, now residing in such territory, or who shall become a resident
thereof on or before the first day of December, 1850, and who shall have
resided upon and cultivated the same for four consecutive years, and shall
otherwise conform to the provisions of this act," 320 acres of land, if a
single man, or if a married man, 640 acres, 320 acres being for his wife.
The last sentence of Section 4 is as follows: "Provided further, however,
that this section shall not be so construed as to allow those claiming
rights under the treaty with Great Britain, relative to the Oregon
territory, to claim both under this grant and the treaty, but merely to
secure them the election and confine them to a single grant of land."
Section eleven of said Donation Law is as follows: "Sec.
11. And be it further enacted, That what is known as the 'Oregon City
Claim,' excepting the Abernethy Island, which is hereby confirmed to the
legal assigns of the Willamette Milling and Trading Companies, shall be set
apart and be at the disposal, of the Legislative Assembly, the proceeds
thereof to be applied, by said Legislative Assembly, to the establishment
and endowment of a university, to be located at such place in the territory
as the Legislative Assembly may designate; Provided, however, That all lots
and parts of lots in said claim, sold or granted by Doctor John McLoughlin,
previous to the fourth of March, eighteen hundred and forty-nine, shall be
confirmed to the purchaser or donee, or their assigns, to be certified to
the commissioner of the general land office by the surveyor-general, and
patents to issue on said certificates, as in other cases: Provided, further,
That nothing in this act contained shall be so construed and executed as in
any way to destroy or affect any rights to land in said territory, holden or
claimed under the provisions of the treaty or treaties existing between this
country and Great Britain." By the "Oregon City claim" is meant Dr.
McLoughlin's land claim. This section eleven is unjust in its treatment of
Dr. McLoughlin. Not that Congress was to blame. It did not know the facts.
Did not the first Delegate from Oregon advocate it? Did not the first
Territorial Chief Justice of Oregon then in Washington, advise it? And did
not the Delegate and the Chief Justice say that Dr. McLoughlin was so
dangerous and unprincipled a man as not be entitled to his land claim? And
that he refused to become an American citizen? There was not even a
recognition of Dr. McLoughlin's right to the improvements which he had
placed on his land claim. And there, in all its infamy, said section eleven
stands on the statute books today. If the assigns of the Milling Company
were entitled to Abernethy Island, why should not the courts have settled
the matter according to law and justice, as other contested land claims were
settled?
