CHAPTER I.
THE TITLE OF THE UNITED STATES TO OREGON—THE HUDSON BAY COMPANY—THE LOUISIANA PURCHASE
The home of civilization was originally in the far East, but its journeys have forever been westward. The history of the world is a great panorama, with its pictures constantly shifting and changing. The desire for change and new fields early asserted itself. The human family divided up under the law of selection and affinities, shaped themselves into bands and nationalities, and started upon their journey to people the world.
Two branches of the original stock remained as fixtures in Asia, while half a dozen branches deployed and reached out for the then distant and unexplored lands of the West. They reached Europe. The Gaul and the Celt, the Teuton and Slav, ever onward in their march, reached and were checked by the Atlantic that washed the present English, German and Spanish coasts. The Latin, Greek and Illyrian were alike checked the Mediterranean. For a long period it seemed as if their journey westward was ended; that they had reached their Ultima Thule; that the western limit had been found.
For many centuries the millions rested in that belief, until the great discoveries of 1492 awakened them to new dreams of western possibilities. At once and under new incentives the westward march began again. The States of the Atlantic were settled and the wilderness subdued. No sooner was this but partially accomplished than the same spirit, "the western fever," seized upon the people.
It seems to have been engrafted in the nature of man, as it is in the nature of birds, to migrate. In caravan after caravan they pushed their way over the Allegheny Mountains, invaded the rich valleys, floated down the great rivers, gave battle to the savage inhabitants and in perils many, and with discouragements sufficient to defeat less heroic characters, they took possession of the now great States of the Middle West. The country to be settled was so vast as to seem to our fathers limitless. They had but little desire as a nation for further expansion.
Up to the date of 1792, the Far West was an unexplored region. The United States made no claim to any lands bordering upon the Pacific, and the discovery made in the year 1792 was more accidental than intentional, as far as the nation was concerned.
Captain Robert Gray, who made the discovery, was born in Tiverton, R. I., 1755, and died at Charleston, S. C., in 1806. He was a famous sailor, and was the first citizen who ever carried the American flag around the globe. His vessel, The Columbia, was fitted out by a syndicate of Boston merchants, with articles for barter for the natives in Pacific ports. In his second great voyage in 1792 he discovered the mouth of the Columbia river. There had been rumors of such a great river through Spanish sources, and the old American captain probably, mainly for the sake of barter and to get fresh supplies, had his nautical eyes open.
Men see through a glass darkly and a wiser, higher power than man may have guided the old explorer in safety over the dangerous bar, into the great river he discovered and named. He was struck by the grandeur and magnificence of the river as well as by the beauty of the country. He at once christened it "The Columbia," the name of his good ship which had already carried the American flag around the globe. He sailed several miles up the river, landed and took possession in the name of the United States.
It is a singular coincidence that both Spain and England had vessels just at this time on this coast, hunting for the same river, and so near together as to be in hailing distance of each other. Captain Gray only a few days before had met Captain Vancouver, the Englishman, and had spoken to him. Captain Vancouver had sailed over the very ground passed over soon after by Gray, but failed to find the river. He had noted, too, a change in the color of the waters, but it did not sufficiently impress him to cause an investigation.
After Captain Gray had finished his exploration and gone to sea, he again fell in with Vancouver and reported the result of his discoveries. Vancouver immediately turned about, found the mouth of the river, sailed up the Columbia to the rapids and up the Willamette to near the falls.
In the conference between the English and Americans in 1827, which resulted in the renewal of the treaty of 1818, while the British commissioners acknowledged that Gray was first to discover and enter the Columbia river, yet they demanded that "he should equally share the honor with Captain Vancouver." They claimed that while Gray discovered the mouth of the river, he only sailed up it a few miles, while "Captain Vancouver made a full and complete discovery." One of the authorities stated concisely that, "Captain Gray's claim is limited to the mouth of the river."
This limit was in plain violation of the rules regulating all such events, and no country knew 19 it better than England. Besides, it was Captain Gray's discovery, told to the English commander Vancouver, which made him turn back on his course to rediscover the same river. The claim that the English made, that "Captain Gray made but a single step in the progress of discovery," in the light of these facts, marks their claims as remarkably weak. The right of discovery was then the first claim made by the United States upon Oregon.
The second was by the Louisiana purchase from France in 1803. This was the same territory ceded from France to Spain in 1762 and returned to France in 1800, and sold to the United States for $15,000,000 in 1803, "with all its rights and appurtenances, as fully and in the same manner as they were acquired by the French Republic."
There has always been a dispute as to how far into the region of the northwest this claim of the French extended. In the sale no parallels were given; but it was claimed that their rights reached to the Pacific Ocean. Dr. Barrows says, "If, however, the claims of France failed to reach the Pacific on the parallel of 49 degrees, it must have been because they encountered the old claims of Spain, that preceded the Nootka treaty and were tacitly conceded by England. Between the French claims and the Spanish claims there was left no territory for England to base a claim 20 on. If the United States did not acquire through to the Pacific in the Louisiana purchase, it was because Spain was owner of the territory prior to the first, second and third transfers. It is difficult to perceive standing ground for the English in either of the claims mentioned.
The claim of England that the Nootka treaty of 1790 abrogated the rights of Spain to the territory of Oregon, which she then held, is untenable, from the fact that no right of sovereignty or jurisdiction was conveyed by that treaty. Whatever right Spain had prior to that treaty was not disturbed, and all legal rights vested in Spain were still in force when she ceded the territory to France in 1800, and also when France ceded the same to the United States in 1803.
The third claim of the United States was by the commission sent out by Jefferson in 1803, when Lewis and Clarke and their fellow voyagers struck the headwaters of the Columbia and followed it to its mouth and up its tributary rivers.
The fourth was the actual settlement of the Astor Fur Company at Astoria in 1811. True it was a private enterprise, but was given the sanction of the United States and a U. S. naval officer was allowed to command the leading vessel in Astor's enterprise, thus placing the seal of nationality upon it. True the town was captured and the effects confiscated in 1812 by the British 21 squadron of the Pacific, commanded by Captain Hillyar, but the fact of actual settlement by Americans at Astoria, even for a short time, had its value in the later argument. In the treaty of Ghent with England in 1814, Astoria, with all its rights, was ordered to be restored to its original owners, but even this was not consummated until 1846.
America's fifth claim was in her treaty with Spain in 1818, when Spain relinquished any and all claims to the territory in dispute to the United States.
The sixth and last claim was from Mexico, by a treaty in 1828, by which the United States acquired all interest Mexico claimed, formerly in common with Spain, but now under her own government.
Such is a brief statement, but I trust a sufficient one, for an intelligent understanding of the questions of ownership.
It will be seen that the United States was vested in all the rights held over Oregon by every other power except one, that of Great Britain. Her claim rested, as we have seen, in the fact that "Captain Gray only discovered the mouth of the river," but did not survey it to the extent that the English Captain Vancouver did, after being told by Gray of his discovery. They also made claims of settlement by their Fur Company, just as the 22 United States did by the settlement made by Astor and others. As the Hudson Bay Company and the Northwest Fur Company of Montreal figure so extensively in the contest for English ownership of Oregon, it is well to have a clear idea of their origin and power.
The Hudson Bay Company was organized in 1670 by Charles II., with Prince Rupert, the King's cousin, at its head, with other favorites of his Court. They were invested with remarkable powers, such as had never before, nor have since, been granted to a corporation. They were granted absolute proprietorship, with subordinate sovereignty, over all that country known by name of "Rupert's Land" including all regions "discovered or undiscovered within the entrance to Hudson Strait." It was by far the largest of all English dependencies at that time.
For more than a century the company confined its active operations to a coast traffic.
The original stock of this company was $50,820. During the first fifty years the capital stock was increased to $457,000 wholly out of the profits, besides paying dividends.
During the last half of the 17th century the Northwest Fur Company became a formidable opponent to the Hudson Bay Company, and the rivalry and great wealth of both companies served 23 to stimulate them to reach out toward the Rocky Mountains and the Pacific Ocean.
After Canada had become an English dependency and the competition had grown into such proportions as to interfere with the great monopoly, in the year 1821, there was a coalition between the Northwest and the Hudson Bay Companies on a basis of equal value, and the consolidated stock was marked at $1,916,000, every dollar of which was profits, as was shown at the time, except the original stock of both companies, which amounted to about $135,000. And yet during all this period there had been made an unusual dividend to stockholders of 10 per cent.
Single vessels from headquarters carried furs to London valued at from three to four hundred thousand dollars. It is not at all strange that a company which was so rolling in wealth and which was in supreme control of a territory reaching through seventy-five degrees of longitude, from Davis Strait to Mt. Saint Elias, and through twenty-eight degrees of latitude, from the mouth of the Mackenzie to the California border, should hold tenaciously to its privileges.
It was a grand monopoly, but it must be said of it that no kingly power ever ruled over savage subjects with such wisdom and discretion. Of necessity, they treated their savage workmen kindly, but they managed to make them fill the 24 coffers of the Hudson Bay Company with a wealth of riches, as the years came and went. Their lives and safety and profits all depended upon keeping their dependents in a good humor and binding them to themselves. The leading men of the company were men of great business tact and shrewdness, and one of their chief requisites was to thoroughly understand Indian character.
They managed year by year so to gain control of the savage tribes that the factor of a trading post had more power over a fractious band, than could have been exerted by an army of men with guns and bayonets. If, now and then, a chief grew sullen and belligerent, he was at once quietly bought up by a judicious present, and the company got it all back many times over from the tribe, when their furs were marketed.
It was the refusal of the missionaries of Oregon to condone crime and wink at savage methods, as the Hudson Bay Company did, which first brought about misunderstanding and unpleasantness, as we shall see in another place.
It was this power and controlling influence which met the pioneer fur traders and missionaries, upon entering Oregon. They controlled the savage life and the white men there were wholly dependent upon them.
In 1811 an American fur company at Astoria undertook to open business upon what they regarded 25 as American soil. They had scarcely settled down to work when the war of 1812 began and they were speedily routed.
In 1818 a treaty was made, which said, "It is agreed that any country that may be claimed by either party on the Northwest coast of America westward of the Stony Mountains shall, together with its harbors, bays, creeks and the navigation of all rivers within the same, be free and open for ten years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two powers; it being well understood that the agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of said country; nor shall it be taken to affect the claims of any other power or state to any of said country; the only object of the high contracting parties in that respect being to prevent disputes and differences among themselves."
That looked fair and friendly enough. But how did the Hudson Bay Company carry it out? They went on just as they had done before, governing to suit their own selfish interests. They froze out and starved out every American fur company that dared to settle in any portion of their territory. They fixed the price of every commodity, and had such a hold on the various tribes 26 that a foreign company had no chance to live and prosper.
It so continued until the ten-year limit was nearly up, when in 1827 the commission representing the two powers met and re-enacted the treaty of 1818, which went into effect in 1828. It was a giant monopoly, but dealing as it did with savage life, and gathering its wealth from sources which had never before contributed to the world's commerce, it was allowed to run its course until it came in contact with the advancing civilization of the United States, and was worsted in the conflict.
With the adoption of the Ashburton treaty the Hudson Bay Company was shorn of much of its kingly power and old time grandeur. But it remained a money-making organization. Under the terms of the treaty the great corporation was fully protected. This Ashburton treaty was written in England and from English standpoints, and every property and possessory right of this powerful company was strictly guarded. The interests of the company were made English interests.
Under this treaty the United States agreed to pay all valuations upon Hudson Bay Company property south of forty-nine degrees; while England was to make a settlement for all above that line. The company promptly sent in a bill to the United States for $3,882,036.27, while their dependent company, the Puget Sound Agricultural 27 Company, sent in a more modest demand for $1,168,000. These bills were in a state of liquidation until 1864, when the United States made a final settlement, and paid the Hudson Bay Company $450,000 and the Puget Sound Company $200,000.
They also, at the time of presenting bills to the United States, presented one to England for $4,990,036.07. In 1869 the English government settled the claim by paying $1,500,000. This amount was paid from the treasury of the Dominion of Canada, and all the vast territory north of 49 degrees came under the government of the Dominion. It was, however, stipulated and agreed that the company should retain all its forts, with ten acres of ground surrounding each, together with one-twentieth of all the land from the Red river to the Rocky Mountains, besides valuable blocks of land to which it laid special claim.
The company goes on trading as of old; its organization is still complete; it still makes large dividends of about $400,000 per year, and has untold prospective wealth in its lands, which are the best in the Dominion.
Among the most interesting facts connected with our title to Oregon are those in connection with the Louisiana purchase by the United States from France in 1803. Many readers of current history have overlooked the fact, that it was wholly 28 due to England, and her overweening ambition, that the United States was enabled to buy this great domain. Letters, which have recently been published, written by those closest to the high contracting parties, have revealed the romance, and the inside facts of this great deal, perhaps the most important the United States ever made, and made so speedily as to dazzle the Nation.
Few take in the fact that the "Louisiana Purchase" meant not only the rich state at the mouth of our great river, but also, Arkansas, Missouri, Iowa, Nebraska, Colorado, Wyoming, Montana, Idaho, Oregon, with probably the two Dakotas. Roughly estimated it was a claim by a foreign power upon our continent to territory of over 900,000 square miles.
At the time, but little was thought of its value save and except the getting possession of the rich soil of Louisiana for the purposes of the Southern planter, and being able to own and control the mouth of our great river upon which, at that time, all the states of the North and West were wholly dependent for their commerce.
While Napoleon and the French Government were upon the most friendly terms with the United States, and conceded to our commerce the widest facilities, yet there was a lurking fear that such conditions might at any time change. The desirability of obtaining such possession had often been 29 canvassed, with scarcely a ray of hope for its consummation. The United States was poor, and while the South and the West were deeply interested, the East, which held the balance of power, was determinedly set against it. The same narrow statesmanship existed then, which later on undervalued all our possessions beyond the Stony Mountains, and was willing and even anxious that they should pass into the possession of a foreign power.
France acquired this vast property from Spain in 1800. In March, 1802, there was a great treaty entered into between France on one side and Great Britain, Spain and the Batavian Republic on the other. It was known as "The Amiens Treaty." It was a short-lived treaty which was hopelessly ruptured in 1803.
England, foreseeing the rupture, had not delayed to get ready for the event. Then as now, she was, "Mistress upon the high seas," and set about arranging to seize everything afloat that carried the French flag. Her policy was soon made plain, and that was to first make war upon all French dependencies.
No man knew better than Napoleon how powerless he would be to make any successful defense. His treasury was well-nigh bankrupt and he must have money for home defense as soon as the victorious army of the enemy should return from the 30 Mississippi campaign, which he foresaw. While the treaty of Amiens was not really abrogated until May, 1803, yet upon January 1, 1803, the whole matter was well understood by Napoleon and his advisers.
Early in that month the government received disquieting news from Admiral Villeneuve who was in command of the French fleet in West India waters. It plainly stated that it was undoubtedly the fact that the first blow of the English would be made at New Orleans.
This knowledge was promptly conveyed to the American Minister Monroe, well knowing that the United States was almost as much interested in the matter as France was, as it would stop all traffic from all the States along the Ohio and Mississippi rivers, and be a death blow to American prosperity for an indefinite period. The recently published letters, already referred to, say of the conference between Minister Monroe and Bonaparte:
"Unfortunately Mr. Monroe at this time did not understand the French language well enough to follow a speaker who talked as rapidly as did Bonaparte, and the intervention of an interpreter was necessary. 'We are not able alone to defend the colony of Louisiana,' the First Consul began. 'Your new regions of the southwest are nearly as deeply interested in its remaining in friendly 31 hands as we are in holding it. Our fleet is not equal to the needs of the French Nation. Can you not help us to defend the mouth of the Mississippi river?'
"'We could not take such a step without a treaty, offensive and defensive,' the American answered. 'Our Senate really is the treaty-making power. It is against us. The President, Mr. Jefferson, is my friend, as well as my superior officer. Tell me, General, what you have in your mind.'
"Bonaparte walked the room, a small private consulting cabinet adjoining the Salles des Ambassadeurs. He had his hands clasped behind him, his head bent forward—his usual position when in deep thought. 'I acquired the great territory to which the Mississippi mouth is the entrance,' he finally began, 'and I have the right to dispose of my own. France is not able now to hold it. Rather than see it in England's hands, I donate it to America. Why will your country not buy it from France?' There Bonaparte stopped. Mr. Monroe's face was like a flame. What a diplomatic feat it would be for him! What a triumph for the administration of Jefferson to add such a territory to the national domain!
"No man living was a better judge of his fellows than Bonaparte. He read the thoughts of the man before him as though they were on a written scroll. 32 He saw the emotions of his soul. ' Well, what do you think of it?' said General Bonaparte.
"'The matter is so vast in its direct relations to my country and what may result from it, that it dazes me,' the American answered. 'But the idea is magnificent. It deserves to emanate from a mind like yours.' The First Consul bowed low. Monroe never flattered, and the look of truth was in his eyes, its ring in his voice. 'I must send a special communication at once touching this matter to President Jefferson. My messenger must take the first safe passage to America.'
"'The Blonde, the fastest ship in our navy, leaves Brest at once with orders for the West Indian fleet, I will detain her thirty-six hours, till your dispatches are ready,' the First Consul said. 'Your messenger shall go on our ship.'
"'How much shall I say the territory will cost us?' The great Corsican—who was just ending the audience, which had been full two hours long—came up to the American Minister. After a moment he spoke again. 'Between nations who are really friends there need be no chaffering. Could I defend this territory, not all the gold in the world would buy it. But I am giving to a friend what I am unable to keep. I need 100,000,000 francs in coin or its equivalent. Whatever action we take must be speedy. Above all, let there be absolute silence and secrecy,' and Bonaparte 33 bowed our minister out. The 
"The profoundly astonishing dispatches reached President Jefferson promptly. He kept it a secret until he could sound a majority of the Senators and be assured of the standing of such a proposition.
"The main difficulty that was found would be in raising the 75,000,000 francs it was proposed to give. In those days, with a depleted treasury, it was a large sum of money. The United States had millions of unoccupied acres, but had few millions in cash in its treasury. But our statesmen, to their great honor, proved equal to the emergency. Through the agency of Stephen Girard as financier in chief, the loan necessary was negotiated through the Dutch House of Hapes in Amsterdam, and the money paid to France, and the United States entered into possession of the vast estate."
FALLS OF THE WILLAMETTE.
This much of the well-nigh forgotten history we have thought appropriate to note in this connection; first, because of the new light given to it from the recent disclosures made; and, second, to call attention to the fact that a second time, forty-three 34 years later, it served a valiant purpose in thwarting English ambition and serving America's highest interests.
Estimated from the standpoint of money and material values, it was a great transaction, especially notable in view of existing conditions, but from the standpoint of State and National grandeur, carrying with it peace and hope and happiness to millions, and continuous rule of the Republic from ocean to ocean, it assumes a greatness never surpassed in a single transaction, and not easily over-estimated, and never in the history of the English people did a single transaction, with dates so widely separated, arise, and so effectually check their imperious demands.
The American Republic may well remember with deep gratitude President Jefferson, and the far-seeing statesmen who rallied to his call and consummated the grand work. They can at the same time see the foresight and wisdom of Jefferson in, at once, the very next year, sending the expedition of Lewis and Clarke to the headwaters of the Columbia River, and causing a complete survey to be made to its mouth. It was a complete refutation of the claim of the English Commissioners, in 1837, that while "Captain Gray only discovered the mouth of the river, Captain Vancouver made a complete survey." The American mistake was, not in the purchase and active work 35 then done, but the lassitude and inexcusable neglect in the forty subsequent years which imperiled every interest the Republic held in the territory beyond the Rocky Mountains.
When the treaty of 1846 was signed, it was hoped that the questions at issue were settled forever; but the Hudson Bay Company was slow to surrender its grasp on any of the territory it could hold, and especially one so rich in all materials that constituted its wealth and power.
The treaty of 1846 between the United States and Great Britain read:
"From the point on the 49th parallel to the middle of the channel which separates the continent from Vancouver's Island and thence southerly through the middle of said channel and of the Fuca Straits, to the Pacific Ocean, provided, however, that the navigation of such channel and straits south of the latitude 49 degrees remain free and open to both parties."
This led to after trouble and much ill feeling. The passage referred to in the treaty is about seven miles wide, between the archipelago and Vancouver Island. The archipelago is made up of half a dozen principal islands, and many smaller ones. The largest island, San Juan, contained about 50,000 acres, and the Hudson Bay Company, knowing something of its value, had taken possession, and proposed to hold it. The 36 legislature of Oregon, however, included it in Island County by an act of 1852, which passed to the Territory of Washington in 1853 by the division of Oregon. In 1854 the Collector of Customs for the Puget Sound came in conflict with the Hudson Bay authorities and a lively row was raised.
The Hudson Bay Company raised the English flag and the collector as promptly landed and raised the Stars and Stripes. There was a constant contention between the United States and State authorities, and the Hudson Bay people, in which the latter were worsted, until in 1856-7, after much correspondence, both governments appointed a commission to settle the difficulty. Then followed years of discussion which grew from time to time warlike, but there was no settlement of the points in dispute.
In December, 1860, the British Government tired of the contest, proposed arbitration by one of the European powers and named either the Swiss Republic, Denmark or Belgium. Then followed the war of the Rebellion and America had no time to reach the case until 1868-9, when the whole matter was referred to two commissioners from each government and the boundary to be determined by the President of the General Council of the Swiss Republic.
This proposition was defeated and afterward 37 in 1871 the whole matter was left to the decision of the Emperor of Germany. He made the award to the United States on all points of dispute in October, 1872, and thus ended the long contest over the boundary line between the two countries, after more than half a century's bickering.