Oregon Historical Quarterly/Volume 12/Number 1

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It's unclear whether this was actually a separate volume, or whether perhaps Numbers 1 & 2 for the 1913 Volume of the OHQ were combined.

2805095Oregon Historical Quarterly, Volume 12 — Number 1

THE QUARTERLY of the Oregon Historical Society VOLUME XII MARCH 1911 NUMBER 1 Copyright, 1910, by Oregon Historical Society The Quarterly disavows responsibility for the positions taken by contributor* to its pages

EARLY NAVIGATION OF THE STRAITS OF FUCA^[1]

By Judge F. W. Howay, New Westminster, B. C.

Before the third voyage of the great Captain James Cook the northwest coast of America was regarded as almost as far beyond the ordinary bounds of navigation as the islands of the Hesperides appeared to the Greeks; and Swift himself, when he composed the entertaining travels of Lemuel Gulliver, esteeming it the proper region of fable and romance selected it for the position of the imaginary land of Brobdingnag.

The narrow strait of Juan de Fuca gives entrance to the most extensive and most beautiful labyrinth of waterways to be found on the whole coast; through it passes today a constantly growing volume of trade as the population of the neighboring states and the western portion of Canada increases; and as it forms a part of the international boundary line, the story of its early navigators must be of equal interest to the citizens of both countries, and of especial interest to the students of the history of the coast.

In the argument upon the San Juan question George Bancroft, the United States representative, speaking of these waters, says:

The emoluments of the fur-trade; the Spanish jealousy of Russian encroachments down the Pacific Coast; the lingering hope of discovering a northwest passage; the British desire of finding water communication from the Pacific to the great lakes; the French passion for knowledge; the policy of Americans to investigate their outlying possessions; all conspired to cause more frequent and more thorough examinations of these waters even before 1846, than of any similarly situated waters in any part of the globe.

On the Atlantic coast, as by degrees geographical knowledge was extended, the belief in the existence of a northwest passage gradually tottered to its fall; but myths die hard; and the possibility of such a passage being found from the Pacific side held firm sway until almost a hundred years ago. Indeed it is common knowledge that in 1745 the British Parliament offered a reward of 20,000 for its discovery, and one of the objects of Captain Cook's third expedition was to seek it out.

On Sunday the 22nd March, 1778, Captain Cook, the first European of whom we have any authentic record, discovered the southern entrance of the strait of Juan de Fuca which he named Cape Flattery, because as he states in his Voyage, there "appeared a small opening which flattered us with the hopes of finding an harbour".

Unfortunately he was unable to examine this opening, as owing to a heavy gale having arisen he was obliged to stand out to sea, and so missed the opportunity of making a discovery which would have added lustre to a name even as great as his.

It may be objected that Juan de Fuca, the old Greek pilot had preceded Cook by almost two hundred years, and that he was "the first and original" discoverer of Cape Flattery and the Strait of Fuca. I do not at this time intend to examine his story as preserved to us in Michael Lock's note in Purchas, His Pilgrimes. The subject is gone into very fully in Bancroft's History of the North West Coast, Vol. I., pp. 70-81, and after a minute examination the conclusion is reached that the alleged voyage is a fiction, pure and simple. I accept the view of the late Elwood Evans, who in his History of the Pacific North West, says:

No record is preserved in Spain or Mexico mentioning the voyage or him who is asserted to have made it, or that in any way contributes color of truthfulness to the Lock narrative. Its inconsistencies are patent, are glaring. The land described, the natives, the alleged elements of wealth, the location of the strait, its extent, coast line, internal navigation, indeed every peculiarity of the Strait of Juan de Fuca and its surroundings repel the belief that the inventor of Lock's statement could ever have seen or visited the North-west coast of America.

I think that Professor Davidson has expressed the almost unanimous opinion of students with regard to the Fuca story in his curt finding: "The whole story is a fabrication".

Perhaps I should pause here to notice a claim made by Spain to the discovery of the Strait of Fuca. I quote from the first chapter of the "Relation del mage hecho por las goletas Sutil y Mexicans en el ano 1792", as follows:

"Sub-Lieutenant Don Esteban Martinez, being at Nootka, after having taken possession of that port in the name of Her Majesty, stated that, in 1774, in returning from his expedition to the north, he thought he saw a very wide entrance at 48° 20′ latitude. Believing that it might be that of Fuca, he directed a second mate (piloto) in command of the schooner Gertrudis to ascertain whether that entrance existed or not. The mate returned, saying that he had found it to be twenty-one miles wide, and its centre in 48° 30′ latitude, 19° 28′ west of San Bias".

Of the voyage of Juan Perez in 1774, we have more accounts than of any other contemporary expedition, no less than four distinct diaries being extant. Of these, two, a relation del viage, and tabla diaria, are by Perez himself; the others are by the missionaries Crespi and Pena, whose duties especially included the keeping of diaries of the voyage. If Martinez thought he saw the strait in 1774, he kept the suspicion closely concealed in his own bosom, for in not one of these four independent accounts is even the least hint of such a thing given. In his Breve discurso de los descubrimientos de America Martinez says that he saw in his voyage of 1774 with Juan Perez, a wide entrance about 48° 30′, which he considered to be, either the strait of Juan de Fuca, or of Aguilar, which ought in his opinion to connect with Hudson's Bay.

Campos in his Espana en California, page 4, adds that Martinez on his return from Nootka in 1789, said that the pilot Narvaez had "encontrado de nuevo" the strait of Juan de Fuca.

In Humboldt's Essai Politique sur le Royaume de la Nouvelle-Espagne, volume 2, page 489, after speaking of Malaspina's wish to examine the coast beyond Nootka, he says:

Le vice-roi, doué d'un esprit actif et entreprenant, céda d'autant plus facilement a ce désir, que de nouveaux renseignemens donnés par des officiers stationnés a Noutka sembloient rendre probable l'existence d'un canal dont on attribuoit la découverte au pilote grec Juan de Fuca, depuis la fin du seizieme siecle. En effet, Martinez, en 1774, avoit reconnu tine entree tres-large sous les 48° 20′ de latitude. Le pilote de la goelette Gertrudis, l'enseigne Don Manuel Quimper, qui commandoit la bélandre la Princesse Royale, et, en 1791, le capitaine Elisa, avoient visté successivement cette entrée; ils y avoient meme découvert des ports surs et spacieux.

As far as I can ascertain these are the only references to this strait having been seen by the Spaniards prior to 1790. It will be noticed that Humboldt's statement, which is the latest in point of time, is the strongest. The Viage, which was an official publication by the Spanish Government, says that in 1774 Martinez "thought he saw"; then Martinez himself says that in 1774 "he saw"; and lastly Humboldt says that he "avoit reconnu", the strait of Fuca. It is certainly worthy of remark that if the pilot, as Martinez was in 1774, really saw the strait so long looked for, and not simply "thought he saw" it—whatever that may mean,—he did not, as his duty was, report the fact to the commander of the expedition, Juan Perez.

After leaving the vicinity of Nootka in 1774, Martinez did not return to this portion of the coast until 1789. In the meantime, as will be shown later, Captain Barkley in the Imperial Eagle, Captain Meares in the Felice, Captain Duncan in the Princess Royal, and Captain Gray in the Washington, had all visited the strait of Fuca.

As Martinez in the Princessa left San Bias on the 17th February, 1789, arriving at Nootka 5th May; and was recalled in the fall of that year, leaving Nootka on 31st October and reaching San Bias on 6th December; it follows that any exploration made by Narvaez under his orders must have occurred between May and October. Remembering that during May, June, and July Martinez was busy seizing Meares's ships and in making an establishment at Nootka, and later in dismantling it, it may well be doubted whether he had much time to give to the question of exploration. Again, the schooner Gertrudis referred to, is none other than Meares's North West America, which was not seized until 9th June, 1789, and sailed immediately afterwards with a Spanish crew and Mr. David Coolidge of the Washington as pilot on a trading voyage, returning in July with seventy-five skins. From all these circumstances, I think it fair to infer that if Narvaez saw the strait of Fuca, it was not till the end of June, 1789, and was not because he was sent to explore it but because he casually fell in with it, as Campos says, while on this trading voyage. It will be noted that the fragmentary information which Martinez gives as the result of Narvaez alleged voyage was nothing more than any seaman in Meares's, Duncan's, or Gray's employ could have readily told him.

Having disposed of this apocryphal matter let us return to undisputed facts. It is well known that the fur-trade on this coast, especially the trade in sea-otter skins, had its origin in the knowledge obtained by Captain Cook, whose vessels returned to England in 1780.

Captain Barkley's Voyage in the Imperial Eagle.

The first of the fur-trading vessels of which I wish to speak is the Imperial Eagle. Her voyage is interesting for three reasons; first, the vessel herself was the Loudoun, her name being changed when she was placed under the Austrian flag, in order to avoid the monopoly of the East India Company; second, her captain Charles William Barkley was the real discoverer of the strait of Juan de Fuca; and third, his wife Frances Hornby Barkley was the first white woman to visit this part of our coast and to see the strait of Fuca.

As I have already mentioned, the original name of the Imperial Eagle was the Loudoun. She was a fine merchant vessel of 400 tons, ship-rigged and mounting twenty guns. Captain George Dixon of the Queen Charlotte describes her as "a good-sailing, coppered vessel."

At that time, indeed up till 1833, the East India Company, which was practically an arm of the British Government, had a monoply of trade in the South Seas, in which term this coast was included. That monoply, originally created by Queen Elizabeth and repeatedly confirmed by Parliament under succeeding monarchs, was of course, only effective as against British vessels and British subjects. To avoid it, the owners of the Loudoun, who were themselves British, and in the employ of the East India Company, hit upon the idea of changing the vessel from the British to the Austrian flag. I may add, parenthetically, that the vessel was not owned by the Austrian East India Company as is often stated. Indeed, there was no such company in existence.

The change of flag and of name was accomplished at Ostend in Belgium, where the vessel remained some eight weeks, fitting out for the voyage. Captain Barkley, a young man of twenty-seven years, who was in command, found time in this interval to cultivate the acquaintance of Miss Frances Hornby Trevor, the seventeen-year-old daughter of an English clergyman residing there. So successful was he, that the couple were EARLY NAVIGATION OF THE STRAITS OF FUCA 7 married on 27th October, 1786, and Mrs. Barkley sailed with her husband from Ostend in the Loudoun, alias Imperial Eagle, on a trading voyage to the North-west coast and China, which was to be one of a series covering about ten years. Captain Barkley's log of the Imperial Eagle up to his arrival at Nootka is in the possession of the Honorable Mr. Justice Martin in Victoria ; but the subsequent log, with his plans and charts, passed into the hands of his owners and Captain John Meares, as will be hereafter related, and has disappeared. But fortunately for local history, Mrs. Barkley kept a diary, which was until a few years ago in the possession of her grand-son, the late Captain Edward Barkley, R. N., at Westholm, B. C. It is to that diary I am indebted for the particulars of this voyage. Students of the history of the coast must have noted the paucity of printed information concerning the voyage of the Imperial Eagle. The Imperial Eagle arrived at Nootka, the Mecca of all coast traders, in June, 1787. Soon after anchoring there, a canoe came alongside, and Mrs. Barkley was much surprised when a man, in every respect like an Indian and a very dirty one at that clothed in a dirty sea-otter skin stepped aboard and introduced himself as Dr. John Mackey late surgeon of the trading brig, Captain Cook. During the month the Im- perial Eagle remained at Nootka, Captain Barkley, with the aid of Mackey, so swept the sound of sea-otter skins, that when the Prince of Wales and the Princess Royal, commanded by Captains Colnett and Duncan arrived, they found the trade worthless. From Nootka the Imperial Eagle sailed southward, discov- ering Clayoquot sound and the sound we now call Barkley sound. Mrs. Barkley's diary says: "We anchored in a snug harbour in the sound, of which my husband made a plan as far as his knowledge of it would permit. The anchorage was off a large village and therefore we named the island, Village island." This is now known as Effingham island. Some time was spent here, a "very successful trade" carried on, and a 8 F. W. How AY considerable number of points and islands named amongst others, Cape Beale, at the southern entrance to Barkley sound, and by some regarded as the northern entrance of the Strait of Juan de Fuca. Leaving Barkley sound on a July day in 1787, Captain Barkley discovered that afternoon the opening we now call the Strait of Fuca. I quote from Mrs. Barkley's diary : "In the afternoon, to our great astonishment, we arrived off "a large opening extending to the eastward, the entrance of "which appeared to be about four leagues wide, and remained "about that width as far as the eye could see, with a clear "easterly horizon, which my husband immediately recognized "as the long lost strait of Juan de Fuca, and to which he gave "the name of the original discoverer, my husband placing it "on his chart". The statement in Meares's Voyage, page LV., that the whole of Captain Barkley's voyage below Barkley sound was made in the ship's boat is absolutely incorrect. It may hardly be necessary to add that this is by no means the only error which exists in Meares's published volume. Captain Barkley did not examine the opening or explore the strait at all, so his opinion as to its original discovery by the old Greek pilot is merely superficial. The Imperial Eagle proceeded along the coast and in latitude 47 43', on a river supposed to be the Ohahlat, near Destruc- tion island, in attempting to trade with the natives, the mate, Mr. Miller, the purser, Mr. Beale, and four seamen were mur- dered. After this loss, Captain Barkley proceeded as far as Cape Fear, and thence sailed to China. This ends his connec- tion with our subject, for although he returned in 1792, in the brig Halcyon, that voyage had to do only with the Alaskan coast. Before Captain Barkley finally passes off our little stage it may be of interest to give verbatim from Mrs. Barkley's diary her side of the difficulty which occurred between her husband and the owners of the Imperial Eagle. She says : EARLY NAVIGATION OF THE STRAITS OF FUCA 9 "The facts are these : My husband was appointed to the Lou- "doun, since named Imperial Eagle, and engaged to perform "in her three voyages from the East Indies to Japan, Kam- "schatka, and the unknown coast of North America, for which "he was to have the sum of 3000. His owners were super- "cargoes in China in the service of the East India Company, "and several of the owners were directors at home. On my "husband's arrival in China, the owners found they were not "warranted in trading to China and the North West Coast even "under the Austrian flag, the change being well known and for "what purpose, so they found themselves through fear of losing "their own situations obliged to sell the ship to avoid worse "consequences. They then wanted to get off their bargain "with my husband, who, having made provision according to "the original contract, made in London, would have been "actually a loser to the sum of thousands of pounds, after "making upwards of 10,000 for the owners since he had been "in command, besides the loss of time and great expense in- "curred by our journey to England from Bengal. "Captain Barkley therefore brought an action for damages, "but before the case came into court at Calcutta, the affair was "compromised by an arbitration of merchants, and my hus- "band was awarded 5,000. The whole transaction was the "most arbitrary assumption of power ever known, for the "owners and agents not only dismissed Captain Barkley from "the ship, but appropriated all the fittings and stores laid in by "my husband for the term agreed upon, which would have "taken at least ten years, for on the second and third voyages "he was to winter on the Northwest coast and, with the furs "collected, trade to the unfrequented parts of China, wherever "he thought furs would sell for the highest figure. Of course "my husband had supplied himself with the best and most ex- pensive nautical instruments and charts, also stores of every "kind for such an adventurous voyage. A great portion of the "latter were obliged to be expended for owners' use, who had "not laid in sufficient stores for such a voyage, and then these 10 F. W. How AY "people actually pretended Captain Barkley was bound to "furnish them, and in their first claim actually brought him "apparently in debt to the concern! However, when the con- "tract between Captain Barkley and the owners was investi- gated, justice, though to a small extent, prevailed, and he "was awarded the sum of 5,000 as I have previously stated. "My husband left the vessel with the remaining stores on "board, and these articles fraudulently obtained from him were "transferred to Captain Meares, who was in the same employ "though not acknowledged to be so". Meares's Explorations in the Vicinity of Fuca Strait. The next navigator to see the strait of Fuca was the well- known Captain John Meares. Meares's name is written large in the history of our coast. He was the first land owner in British Columbia; he built the first vessel on this coast north of Mexico, the historic North West America ; he failed to find the Columbia river, and actually recorded its non-existence; the publication of his account of his voyages caused a most acrimonious discussion between himself and Captain George Dixon, late of the Queen Charlotte ; and his trading adventure brought the British nation to the verge of war with Spain. Meares left Wicananish, i.e., Clayoquot sound, on the Felice, during the night of the 28th June, 1788, and steering east south east arrived on the morning of the 29th abreast of Bark- ley sound. Passing by, greatly to the chagrin of the natives, he held the same course along the shore of Vancouver island until "at noon the latitude was 48 39' north, at which time we "had a complete view of an inlet, whose entrance appeared very "extensive, bearing E. S. E., distant about six leagues. We "endeavored to keep in with the shore as much as possible, in "order to have a perfect view of the land. This was an object "of particular anxiety, as the part of the coast along which we "were now sailing had not been seen by Captain Cook ; and we "knew of no other navigator said to have been this way except "Maurelle ; and his chart which we had on board, convinced us EARLY NAVIGATION OF THE STRAITS OF FUCA 11 "that he had either never seen this part of the coast, or that "he had purposely misrepresented it". I pause here to note that this statement is not ingenuous ; per- haps a stronger, Anglo-Saxon expression would be more apt. Meares then knew that Captain Barkley had been in that very locality the preceding year. This is shown by the statement on page LV of his introductory remarks. There in speaking of Captain Barkley, Meares says that he "explored that part of "the coast from Nootka to Wicananish, and so on to a sound, "to which he gave his own name. The boat's crew, however, "was dispatched and discovered the extraordinary straits of "John de Fuca, and also the coast as far as Queenhythe." Some friend of Meares or some believer in his truthfulness, may suggest that he only learned the facts about Barkley's voy- age after he had made his own examination of the coast. Not so. Mrs. Barkley's diary shows that the Imperial Eagle reached Macao in December, 1787, remaining there to dispose of the furs until February, 1788. Meares was then fitting out at the same port for this coast, for which he sailed in February, 1788, so that he had ample opportunity to learn of Captain Barkley's movements here ; and that he did in fact know of them is plain from his statement on page 124 in connection with the murder of Mr. Miller and the boat's crew near Destruction island. He says there that "we saw a seal hanging from the ear of one of "the men in the canoe which was known to have belonged to "the unfortunate Mr. Miller of the Imperial Eagle, whose mel- "ancholy history was perfectly well known to every one on "board." And again on page 158, when nearing Queenhythe, he says : "We were approaching the place where and the peo- "ple by whom the crew of the boat belonging to the Imperial "Eagle were massacred." And to clinch the matter, Dixon in his Remarks, which are in the form of a letter to Meares, says that John Henry Cox, at whose house Meares stayed while fitting out at Macao, "gave you a copy of Barclay's chart from "Nootka Sound to the south ward as far or nearly so as you "went." This Meares in his reply did not deny. 12 F. W. How AY Let us now resume Meares's story. By three o'clock in the afternoon of the 29th June, the Felice arrived at the entrance of this great inlet, "which appeared," he says, "to be twelve or fourteen leagues abroad." It is in fact but twelve or fifteen miles in width. Could Meares not tell the difference between twelve miles, and twelve leagues ? Or did he stretch the width to tally more nearly with de Fuca's story to Lock that the strait was thirty or forty leagues wide? Or was it merely an effort of his fertile imagination, like his statement that de Fuca had noted the Indian habit of flattening the head ? The Voyage goes on to say: "From the mast-head it was "observed to stretch to the East by North and a clear and un- "bounded horizon was seen in this direction as far as the eye "could reach." Meares crossed to the southern shore and stood in for Cape Flattery. At a distance of about two miles, the Felice was hove to, while the long boat was manned to search for an anchorage between Tatooche island and Cape Flattery. Here Meares made the acquaintance of Tatooche, the Chief of the Clallam Indians, whose name stands side by side with those of Maquilla and Callicum in the early annals of the coast. You all remember Meares's description of Tatooche "so surly and forbidding a character we had not yet seen" "of savage and frightful appearance", "barbarous and subtle". Four years later when the Sutil and Mexicana entered the strait, they met Tatooche, whom they called Tetacus, and engaged him as pilot. They call him "our friend Tetacus", and speak of him as "exceedingly friendly", as "never belying his frankness and confidence", and as being "very intelligent and well-behaved". Did the character of Tatooche alter in the interval, or is Meares wrong again? Meares goes on to say: "The strongest curiosity impelled "us to enter this strait, which we shall call by the name of its "original discoverer, Juan de Fuca". Did the fact that Meares had in his possession Barkley's chart with this name already applied to the strait, aid him in selecting that name? It was EARLY NAVIGATION OF THE STRAITS OF FUCA 13 after leaving the strait on this occasion that Meares failed to find the Columbia river, and in token of his feelings named Cape Disappointment. The Felice returned to Barkley sound, and anchored there while the long boat under Mr. Duffin, the first officer of the Felice, was sent out to explore the strait of Fuca. Leaving the sound on the 13th July, 1788, Mr. Duffin entered the strait, attempted to trade with the natives, was attacked by them, and returned at the end of five days. His journal shows that he had coasted along the Vancouver island shore, and barely entered the strait in fact that he had only reached a point near Gordon river in the bay now known as Port San Juan when this attack occurred and his retreat commenced. Yet Meares, on page 179, has the audacity to state that the long boat had on this occasion, "sailed near thirty leagues up the "strait, and at that distance from the sea it was about fifteen "leagues broad with a clear horizon stretching to the East for "fifteen leagues more". Nothing of that kind is stated in the journal. Captain Dixon in his Further Remarks on Meares, scores him heavily for this misrepresentation, "not to call it by a harder name", and in closing his remarks on the subject, adds : "Be so good, Mr. Meares, as to inform me how you "reconcile this difference between the master of the boat's "journal and your own account, for I am free to confess, I "cannot possibly do it". Meares claims to have taken possession of the strait of Fuca for the King of Britain, with the usual ceremonies. As he him- self was never in the strait, and never on land any nearer there- to than Barkley sound, and. as Mr. Duffin's journal mentions no such incident, this statement may be put into the already over-burdened collection of Meares apocrypha. Before we part from Captain Meares, as he never again visited the strait, let me quote once more from Mrs. Barkley's diary : "In the same manner as he got the stores, Captain Meares "got possession of my husband's journal and plans ffom the 14 F. W. How AY "persons in China to whom he was bound under a penalty of "5,000 to give them up for a certain time for, as these per- "sons stated, mercantile objects, they not wishing the knowl- "edge of the coast to be published. Captain Meares however, "with the greatest effrontery, published and claimed the merit "of my husband's discoveries therein contained, besides invent- "ing lies of the most revolting nature tending to vilify the "persons he thus pilfered. No cause could be assigned either "by Captain Barkley or myself, for this animosity except the "wish of currying favor with the late agents and owners of "the Loudoun named the Imperial Eagle, these persons having "quarrelled with Captain Barkley in consequence of his claim- ing on his discharge a just demand". In connection with this statement by Mrs. Barkley it is quite plain that Meares himself placed great stress on keeping secret the knowledge of the coast while he was operating here. This is evident from the instructions given by him to Captain Colnett and Captain Douglas, which are to be found in the appendix to his volume. The First Voyage of the Princess Royal. The next navigator, visiting the strait of Fuca, was a con- temporary of both Barkley and Meares, who, though the first to sail for this coast, was the last to see the strait. This was Captain Charles Duncan of the sloop Princess Royal, fifty tons burden, manned by fifteen men. This vessel, with her consort the Prince of Wales, under Captain James Colnett, afterwards prominent in the Meares embroglio, sailed from London in September, 1786, and after calling at Staten island, arrived at Nootka in July, 1787. Captain Barkley in the Imperial Eagle, with the aid of Mackey, having already gath- ered in all the sea-otter skins in that vicinity, the two vessels, after making a few repairs, left Nootka. Off the entrance of the sound, on the 8th August, 1787, they met the Queen Char- lotte, owned by the same people, Messrs. Etches & Co., of London. On Captain Dixon's advice the remainder of the seaEARLY NAVIGATION OF THE STRAITS OF FUCA 15 son of 1787 was spent at Queen Charlotte islands where a large number of skins were obtained. As was usual in the fur-trade, the winter of 1787 was spent by Duncan and Colnett at the Sandwich islands. On their re- turn in the spring the commanders separated, Duncan return- ing to Queen Charlotte islands and the vicinity. He spent the summer amongst the group of islands to the east of Queen Charlotte islands to which he gave the name of Princess Royal isles, after his vessel. Sailing from Safety cove, Calvert island, on the 2nd August, 1788, Captain Duncan arrived off Nootka on 6th. Meares, lying at anchor there, recognized the Princess Royal, and, while in one breath saying he felt not "the most distant impulse of any miserable consideration arising from a competition of in- terests", yet in the next he states that he "became very appre- hensive that she might reach Wicananish before us and be able to tempt that chief by the various articles of novelty on board her to intrude upon the treaty (of monopoly of trade) he had made with us. We therefore did not delay a moment to sail" for Clayoquot sound. On the way Meares hailed the Princess Royal and went aboard. He speaks in tones of wonderment that a vessel so small should have rounded Cape Horn and navigated the Atlantic and Pacific Oceans for twenty months in safety, reflecting great credit on the ability and in- defatigable spirit of her commander. The vessels separated in the fog. The Princess Royal reached Ahousat, Clayoquot sound, on the evening of 8th, and was busy trading with the Indians when Meares passed her, bound inwards for Port Cox. On the 13th August, Duncan left Ahousat and on the 15th anchored before the village of Claaset on the south side of the straits of Fuca, about two miles east of Cape Flattery. Here he stayed trading with the natives until the 17th when he left the coast, "which I should not have done so soon", he says, "but that I had an appointment to meet the Prince of Wales on "a certain day at the Sandwich isles in order to go in company "together to China." 16 F. W. How AY As far as I know, the only records we have of Captain Duncan's movements on this coast are the casual references to him in Mrs. Barkley's diary, in Meares's, Portlock's, and Dixon's published volumes, the letter written by him to Dixon, contained in Dixon's Further Remarks on Meares, and his chart of the strait of Fuca, which was published by Dalrymple, January 14th, 1790. That chart contains the first published information concerning this strait. The chart covers from Barkley sound to a point near Jordan river, showing the strait to be about fourteen miles wide, and indicating the positions of Pachena bay, Carmanah point, Port San Juan, Neah bay, and Clallam bay. Although it was the middle of August when he was there, Duncan tells us that the weather was very unsettled. He goes on : "The Indians of Claaset said that they knew not "of any land to the Eastward ; that it was A'ass toopulse, which "signifies a great sea. They pointed that the sea ran "a great way up to the Northward; and down to the South- "ward; on the East side, they likewise said that at a great "distance to the Southward, I should find men that had guns, "as well as I had ; whether they meant that to frighten me or "not I can not tell, for all along the coast, I never found any "that wished to part with us or indeed wished us to trade with "another nation, telling us that they were the only people that "had anything or were worth trading with". He adds that they are expert whalers. The chart also contains this note : "A small rock above water, about the size of a canoe lyes N. 19 E. from Tatooche's Island at the distance of l l / 2 mile. I sounded y 2 a mile to the Northward of it and had no bottom at 90 fathoms". Captain Vancouver, in 1792, named this rock Duncan Rock, after its discoverer; but for that the name of Duncan is not preserved on our coast. Duncan did not penetrate the strait beyond Claaset, but he was the first person to give to the world any really definite in- formation about this strait. EARLY NAVIGATION OF THE STRAITS OF FUCA 17 The First Voyage of the Washington. We now come to the consideration of the first voyage of the Columbia and the Washington, and of the work of the latter in the vicinity of the strait of Fuca. These two vessels the first representatives of the American flag in the fur-trade on this coast were fitted out at Boston, and sailed thence on 1st October, 1787. The Columbia, a ship of 212 tons, was commanded by Captain John Kendrick; the Washington, the sloop of 90 tons, by the famous Captain Robert Gray. The Washington reached Nootka on 16th Sep- tember, 1788. Meares was in port at the time and seeing the sail in the offing, sent out the long boat to her assistance, think- ing her the Princess Royal. He was surprised when the boat returned towing into the harbor the American sloop Washing- ton, instead of the British sloop Princess Royal. The Columbia arrived about a week later. As far as our subject is concerned the Washington is the important vessel, on this first voyage. It is claimed that she was the first vessel to navigate the strait of Fuca and to cir- cumnavigate Vancouver island. This claim is based on Meares's map showing "the sketch of the track of the American sloop Washington in the autumn 1789", and on the statements in his Observations on the Probable Existence of a North West Passage, page LVI. He there says : "The Washington entered the straits of John de Fuca, the "knowledge of which she had obtained from us ; and penetrat- "ing up them, entered into an extensive sea, where she steered "to the Northward and Eastward, and had communication with "the various tribes who inhabit the shores of the numerous "islands that are situated at the back of Nootka Sound, and "speak with some little variation the language of the Nootkan "people. The track of this vessel is marked on the map, and "is of great moment, as it now completely ascertains that "Nootka Sound and the parts adjacent, are islands, and compre- "hended within the Great Northern Archipelago. The sea also "which is seen to the East, is of great extent; and it is from "this stationary point, and the most westerly parts of Hudson's "Bay, that we form an estimate of the distance between them. "The most Easterly direction of the Washington's course is "to the longitude of 237 East of Greenwich. It is probable, "however, that the master of that vessel did not make any "astronomical observations to give a just data of that sta- "tion. . ." And on page LXII, in arguing the existence of a north west passage he says : "And, finally, we offer the "proofs brought by the Washington, which sailed through a "sea that extends upwards of eight degrees of latitude."

This is all Meares has to say ; this is the basis of all that has been written on the subject. No other contemporaneous writer mentions such a voyage. No further basis, no other evidence in support, has ever been found by any investigator into the question. Its only foundation is Meares.

The story has been frequently mentioned by subsequent writers, but their statements show plainly that they rely on Meares. Thus Elwood Evans, in History of the Pacific North West, says on page 50 :

"In the fall of 1789, after parting with the Columbia, Cap- "tain Kendrick in the sloop Washington, sailed through the "strait of Juan de Fuca. Steering Northward he passed through "some eight degrees of latitude and came out into the Pacific "Ocean north of latitude fifty-five degrees north". And so, in Anderson's brochure, Did the Louisiana Pur- chase extend to the Pacific Ocean ? page 6 : "Meanwhile Ken- "drick in the Washington made further explorations, and pre- "ceded all Europeans in passing through the straits of Juan "de Fuca from one end to the other". During the heated times of the Oregon Question "54 40' or Fight" this claim came prominently forward ; and it was resurrected in the San Juan dispute. Both these questions have long been settled; the subject is now demagnetized; and we can touch and examine it without fear of a shock.

Let us get clearly in mind the situation with regard to the Washington. Captain Gray was in command from the time EARLY NAVIGATION OF THE STRAITS OF FUCA 19 she left Boston, until about the end of July, 1789, when Captain Kendrick took charge, and Gray sailed for China in the Columbia with the furs obtained by both vessels. From China the Columbia sailed to Boston arriving, as every one knows, in August, 1790, and being the first vessel to bear the Stars and Stripes around the world. Kendrick remained on this coast in the Washington until the latter part of 1789, when he also left for China, arriving there with a valuable cargo of furs on the 26th January, 1790. Hence this voyage, if made at all, must have been made, if by Gray, prior to the end of July, 1789; and if by Kendrick, between July and October, 1789. Dealing first with the possibility of its having been made by Captain Gray. There is in the Public Library in Portland a copy of Haswell's log, giving an account of voyage of the Washington under his command up till about the middle of June, 1789, and for the present it is sufficient to say that it gives no support to any such claim. But further we have the conclusive testimony of Captain Gray himself, as recorded by Vancouver, who met him near the strait of Fuca in April, 1792 : "It is not possible to conceive any person to be more astonished "than was Mr. Gray on his being made acquainted that his "authority had been quoted and the track pointed out that "he had been said to have made in the sloop Washington. In "contradiction to which he assured the officers that he had "penetrated only fifty miles into the straits in question in an "E. S. E. direction; that he found the passage five leagues "wide ; and that he understood from the natives that the open- ing extended a considerable distance to the northward; that "this was all the information he had acquired respecting this "inland sea, and that he had returned into the ocean by the "same way he had entered". See Vancouver's Voyage, Vol. I, pages 42-3. I will deal later with this statement of Captain Gray. Let us now consider the possibility of this alleged voyage of the Washington having been made while in command of Kendrick, after Gray's departure. 20 F. W. How AY Unfortunately, all of Kendrick's journals and records dis- appeared when, after his death, the Washington was lost at sea; but we have negative testimony in the fact that when Kendrick's heirs applied to Congress for relief on the ground of his public services no suggestion of his having explored the strait of Fuca or circumnavigated Vancouver island was made. In considering this matter it must be remembered that 1789 was the year of the seizure of Meares's vessels, and that early that year the Spaniards had formed a settlement at Nootka, whence they watched with eagle eye the movements of the ships upon the coast. If any such voyage as stated by Meares had been made they must surely have been aware of it. Yet Van- couver tells us (Vol. I, p. 318, 4 to ed.), that Galiano and Valdes, the Spanish commanders whom he met in the Gulf of Georgia in June, 1792, informed him: "That notwithstand- ing the Spaniards had lived upon terms of great intimacy "with Mr. Gray and other American traders at Nootka, they "had no knowledge of any person having performed such a "voyage but from the history of it published in England" referring of course to Meares's statement. That this is correct is shown by the fact that in 1790, 1791, and 1792, three separate expeditions were sent out by the Spaniards from Nootka to explore the strait of Fuca and ascertain where it terminated. He goes on to say that Senor Valdes, who spoke the Indian language fluently, understood from the natives that the inlet did communicate with the ocean to the northward. A vague idea that what we call Vancouver island was either a large island or a chain of islands was cur- rent among the fur-traders from the earliest times; thus Cap- tain Barkley mentions that Mackey, whom he found at Nootka, as already stated, thought that the country around Nootka sound was not a part of the continent of North America, but a chain of detached islands ; and see Has well's log to the same effect. Vancouver claims for himself and Quadra the honor of the first circumnavigation of Vancouver island, or as he calls it EARLY NAVIGATION OF THE STRAITS OF FUCA 21 "the tract of land that had first been circumnavigated by us", the island of Quadra and Vancouver. The first edition of Van- couver's Voyage appeared in 1798. At that time Kendrick was dead; but Gray was alive until 1806. If Vancouver's claims clashed with either Gray's or Kendrick's actual work, it is reasonable to suppose that Gray would have been heard from on the point. The view of subsequent writers on the question of this voyage are only valuable as the opinions of experts. In 1840, when Greenhow published his Memoir, Historical and Political, on the North West Coast of North America, in speaking of this alleged voyage, after stating that it was in his opinion an exaggeration by Meares of Gray's explorations in the strait of Fuca, he goes on to say on page 92: "The ac- "count that such a voyage had been made was incorrect; but "Captain Gray collected information from the natives of the "coasts, which left no doubt on his mind that the passage com- "municated northward of Nootka with the Pacific by an open- ing to which he had in the summer of 1789 given the names of "Pintard's Sound, but which is now generally called Queen "Charlotte Sound. This opinion was verified in 1792 by Van- "couver and Galiano and Valdes". As Librarian of the De- partment of State Greenhow had in his possession (see the footnote on page 89 of the Memoir) conclusive proof that this voyage had never been actually made. Yet despite this published opinion of 1840 and the posses- sion of this conclusive proof to the contrary, we find Greenhow in his History of Oregon, 1846, pages 216-219, arguing that the voyage may have been made, and that this is the one state- ment of Meares which can be relied on. I place the contradic- tion before you. I do not attempt to explain it. Professor Meany simply states the uncertainty prevailing on the point, with apparently a slight inclination to doubt that the voyage was ever made. See Meany's Vancouver's Dis- covery of Puget Sound, pages 32-33. 22 F. W. How AY In volume 12 of the Pacific Railroad Reports, published in 1860, by the United States Government, is a geographical memoir upon the strait of Fuca and the vicinity by the well- known geographer, J. G. Kohl, of the United States Coast Survey, perhaps the best-posted man of his day on all such matters pertaining to this coast. On page 274 of that memoir he says : "Greenhow believes that soon after Gray, the Ameri- "can, Captain Kendrick sailed through the whole strait (of "Fuca) and came out at Queen Charlotte's sound, but this can "not be proved by historical documents". Bancroft in his History of the North West Coast, volume I, page 208, speaking of Kendrick and this alleged voyage, says : "I can not say that such was not the fact ; but from the extreme "inaccuracy of Meares's chart, from the narrowness of the real "channel, and from the fact that Kendrick is not known to have "made subsequently any claims to a discovery so important, I "am strongly of opinion that the chart was made from second- hand reports of Kendrick's conjectures, founded on Gray's "explorations of the north and south, supplemented by his own "possible observations after Gray's departure, as well as by "reports of the natives which, according to Has well, indicated "a channel back of Nootka". Bancroft's opinion is very close to the fact. Of all the public men prominently connected with the Ore- gon Question, there was probably none better able or more competent to express an opinion on this voyage than Albert Gallatin. He was one of the representatives of the United States in the negotiation of treaty of joint policy in 1818, and of the renewal treaty of 1827. Rush's Residence at the Court of London shows how carefully the voyages to this coast were scrutinized in the official discussion of the question. Of these negotiations Gallatin could certainly say in the language of Virgil, "Quorum pars magna fui". In his second Letter on the Oregon Question in January, 1846, he says : "The pretended voyage of the sloop Washington through- put the straits under the command of either Gray or Kendrick "has no other foundation than an assertion of Meares, on which "no reliance can be placed". EARLY NAVIGATION OF THE STRAITS OF FUCA 23 In the reply of the United States in the San Juan dispute George Bancroft refers to this alleged voyage of the Wash- ington: "We know", he says, "alike from British and from "Spanish authorities, that an American sloop, fitted out at "Boston in New England, and commanded by Captain Ken- "drick, passed through the straits of Fuca just at the time "when the American Constitution went into operation two "years before Vancouver, and even before Quimper and de "Haro". The only British authority he cites in support is the passage in Meares already quoted, and a portion of Vancouver's in- structions from the Admiralty reciting Meares's statements. The Spanish authority cited by him is weaker than the pro- verbial broken reed. It is an extract from Quimper's jour- nal referring to the circumnavigation of Nootka island by Ken- drick in the brig Washington in 1791, and not to the circum- navigation of Vancouver island by Kendrick in the sloop Washington in 1789. It is not for me to attempt to explain how this mistake occurred. I simply state the fact. In this connection it is a strange circumstance that George Bancroft, who, in the preparation of that case, which bears on every page the marks of close and careful study and re- search, overlooked Ingraham's journal a work in the Library of Congress, and constantly referred to by Greenhow. This journal contains statements which show conclusively that the Washington never made the voyage referred to by Meares. Before I deal with Ingraham's journal, let me point out an- other consideration which is opposed to the probability of such a voyage. Meares says this alleged voyage of the Washington occurred in the autumn of 1789. Now we know that on the 13th July, 1789, the Washington was lying at Nootka; that she sailed thence in company with the Columbia a few days later to Clayoquot sound ; that there all the furs were put on board the Columbia, which then departed for China, arriving there 2nd November, 1789 about three and a half months after leaving this coast. The Columbia and the Washington sailed 24 F. W. How AY at about the same speed, as shown by the original voyage from Boston. As the Washington arrived in China on the 26th Jan- uary, 1790, it seems fair to say that she must have left this coast about the end of September. So that she only remained here about two months after the Columbia sailed, namely from the end of July to the end of September. This would almost seem without more to settle the question, as it may well be doubted whether any navigator could pioneer the way amid that labyrinth of channels from Cape Flattery to Cape Scott in such a short time, and carry on sufficient trade to obtain, as Kendrick did in that interval, a valuable cargo of furs. I think that, after Gray's departure, Kendrick sailed in the Washington to Queen Charlotte Islands, and there obta'ned the cargo of five hundred sea otter skins. The chief at Barrel's sound told Haskins that Kendrick had been there twice, once in a one-masted ship, lately in one with two masts. See Haskins Journal, Page 51, under date July 8th, 1791. And we know that in 1789 the Washington was rigged as a sloop, but on her return in 1791, she was rigged as a brig. Consequently the chief's reference to Kendrick in a one-masted ship must apply to some date in 1789. All the matters I have dealt with up to this point simply raise inferences, more or less strong, that the voyage in question was never made. But I now come to the consideration of In- graham's journal, which as I have already said settles the question. Joseph Ingraham, the writer of this interesting journal, was the second mate of the Columbia on her first voyage. He went to China in her, and thence returned to Boston. There he left the Columbia, and took charge of the brig Hope, in which he sailed for this coast again on the 16th September, 1790, arriving here 1st June, 1791. He was engaged in the fur-trade on this coast in 1791 and 1792. Subsequently he joined the United States navy, and was lost in the U. S. brig Pickering, which was never heard of after leaving Delaware in August, 1800. EARLY NAVIGATION OF THE STRAITS OF FUCA 25 In volume 4, page 206, of that journal, a copy of which I have obtained through the kindness of C. F. Newcomb, M. D., of Victoria, Ingraham, after stating that the charts therein are prepared from his own observations, and those of Captains Gray and Douglas, goes on to say that the dotted line shown thereon connecting the strait of Fuca and Queen Charlotte sound is marked from certain information that such a passage exists. In order to prevent his chart being compared, as Cap- tain Dixon compared Meares's, to an old wife's butter pat, he mentions that the Chatham and Discovery and the Sutil and Mexicana had passed through this channel in the season of 1792. He states that both Captain Vancouver and the Spanish commanders had shown him their charts, but as he had not time to copy the windings of the passage, he chose to show it by a dotted line so as not to mislead, by laying down windings and turning coves he never saw. He then proceeds: "The "sloop Washington, as Mr. Meares supposed, never passed "through that passage; though we had little doubt of their "being such passage, from the information of the Indians". Considering that this story is founded on Meares alone, con- sidering all the various circumstances referred to which raise inferences against it, remembering the absolute dearth of any corroboration most persons would probably conclude that the voyage had never been made; but this extract from Ingraham ends the matter. Now, let us return to Meares, the father of this false state- ment, as of many others. When Meares's volume appeared, Captain Dixon ridiculed the statement, and in his Remarks poked fun at the map with the alleged track of the Washington on it, which he said resembled nothing "so much as the mould of a good old house- wife's butter pat". He then continued: "Be so good, Mr. Meares, as to inform the public from what authority you in- troduce this track into your chart". Meares replied that he had obtained it from "Mr. Neville, a gentleman of the most respectable character, who came home in the Chesterfield, a 26 F. W. HOWAY ship in the service of the East India Company", and that Mr. Neville had "received the particulars of the track" from Cap- tain Kendrick. To this Captain Dixon answered that, "Hav- ing never seen or heard of this gentleman (i.e. Mr. Neville) "before, I have no right to doubt the verbal information he "may have given you, neither would I have it understood that 'I ever did. All my thoughts on this subject are that before "you suffered such a track to appear on your chart, you should "have seen it delineated on paper either with latitudes and "longitudes, or the vessel's run". So that on Meares's own admission the track was put down on second-hand information. In the heated discussion, noth- ing was ever heard from Mr. Neville ; we have only Meares's statement as to what was actually told him. It might almost have been concluded that Mr. Neville was a sort of masculine "Mrs. Harris", the friend of "Sairey Gamp". But further in- vestigation leads to the conclusion that he was the first mate of the East Indiaman in which Meares returned to England. We know from various sources that the Columbia and the Washington spent the winter of 1788-9 near Friendly Cove, Nootka sound. During that time it was discovered that Nootka was an island ; as shown by the following entry in Haswell's log, under date, March 16, 1789: "The sound is navigable "near 20 leagues where it again meets the sea in another out- "let near as large as Nootka (i.e. Esperanza inlet) about seven "leagues along shore to the westward". On Ingraham's map Nootka island is marked, "Kendrick's island" ; and in his jour- nal we find: "Massachusetts sound (Esperanza inlet) was "so named by Captain Kendrick, who, I believe, was the first "that ever passed through it with a vessel, but the Indians "often informed us there was two ways of entering Nootka "sound. Indeed, we were convinced of it from seeing canoes "go out past Friendly Cove and come back down the sound". These quotations show that Kendrick circumnavigated Nootka Island. EARLY NAVIGATION OF THE STRAITS OF FUCA 27 Under all the circumstances it seems a fair assumption to say that this first mate had heard, perhaps from the sailors of the Columbia, that in 1789 Kendrick had circumnavigated the island on which the village of Nootka was situate, or had found a channel back of Nootka, and upon this small foundation the story was built by Meares. A mind which could magnify the width of the strait of Fuca from twelve miles to fifteen leagues, and could expand Duffin's trip to Port San Juan into a voyage thirty leagues up the strait of Fuca, would not be likely to find much difficulty in magnifying the circumnaviga- tion of the island of Nootka into the circumnavigation of Van- couver island. When the story is compared with the fact the tale of our childhood about the three black crows is irresistibly brought to mind. I might add here parenthetically that in 1862, Kendrick's name was most suitably bestowed upon an arm of Nootka sound by Captain Richards of the H. M. S. Hecate. Now, to complete the matter, let us see what the records show in reference to Captain Gray's work while in commmand of the Washington in 1789. To this end we shall sketch brief- ly, from Haswell's log, the movements of the Washington after her arrival at Nootka in September, 1788. This vessel wintered, as has already been said, in Nootka sound, remaining there until 16th March, 1789, when she sailed for Clayoquot, where she arrived the following day. Leav- ing Clayoquot early in the morning of the 27th March, she moved to a position just outside the harbor. The next morn- ing she stood along very close to the shore on an E. S. E. course, and at ten o'clock the northern extremity of Barkley sound, or Company bay, as Gray called it, came into view. At mid-day Cape Flattery was seen bearing SE. by E., but to the eastward of this no land could be see. "As we pro- ceeded E. by S. as the coast trended," says Haswell, "I fully concluded we were in the straits of Juan de Fuca." Nitinat was passed at two o'clock that afternoon, and keeping along the northern shore of the strait, the Washington proceeded in 28 F. W. How AY an almost easterly direction ; but, as about 4 :30 that afternoon it began to blow hard and the weather looked disagreeable, Captain Gray ran into a "deep bay", called by the natives Pachenat, and by him, Poverty cove, but which from Has- well's description and the location, must be the Port San Juan of our maps. Haswell says : "These people have seen vessels before, as they are acquainted with the effect of firearms, but they all say they never saw a vessel like ours, and I believe we are the first vessel that ever was in this port." The Felice's long boat under Mr. Duffin had been in this port in July, 1788, and in an altercation with the natives had shot one at least, so that they understood by experience the effect of firearms. At eight o'clock in the morning of 31st March, the Wash- ington sailed across to within half a mile of the southern shore of the strait, which she followed for about four leagues to the eastward, but learning from the Indians that there were no furs to be obtained in that direction, Captain Gray tacked across to the northern shore. Wherever this four leagues terminates marks the limit of Captain Gray's examination of the strait. Haswell says : "To have ran further up these straits "at this boisterous season of the year without any knowledge "of where we were going, or what difficulties we might meet "in this unknown sea, would have been the height of impru- "dence, especially as the wind was situated so we could not "return at pleasure. The straits appeared to extend their "breadth a little way above our present situation, and form "a large sea stretching to the east and no land as far as the "eye could reach." The Washington returned once more to the southern shore, and on the following morning "the weather was moderate and clear, and we saw the sun rise clear from the horizon up the straits." That day, when about to enter Neah bay, a violent wind sprang up, and not wishing to be caught on a lee shore, Captain Gray headed for Port San Juan. On the morning of the 3rd April, he left that port again for the southern shore, entered Neah bay, but found his situation too dangerous, sailed EARLY NAVIGATION OF THE STRAITS OF FUCA 29 out of that bay, rounded Cape Flattery which, says Haswell, is "the south cape of ye straits of Juan de Fuca," and turned southward. On the 4th April, the Washington was in latitude 47 35'. Still proceeding southward, a heavy gale was encountered, so that the little sloop was reduced to a three-reefed mainsail and the head of the foresail, and on the 6th April, as its violence showed no sign of abating, Captain Gray determined to bear away for Fuca strait and Port San Juan. But the gale still continuing with hail and sleet, and the sea running very high, and the tide very strong, he found himself on the morning of the 9th April, close to Clayoquot. He therefore entered the harbor and anchored there. On the 12th April, the Washington again left Clayoquot, and after some difficulties in the navigation of Barkley sound, steered for the strait of Fuca. At daylight of the 18th, the strait was open to view. At noon Cape Flattery bore E. Y^ S. distant, 7 leagues. Haswell's log is at this point quite in- definite as to locality, but it seems that the vessel kept along the Washington shore, south of Cape Flattery, during the early hours of the 19th, and lay to off a village to the south- ward of Foggy rocks (now known as Umatilla reef), where a considerable number of good sea-otter skins were purchased at the rate of five iron chisels per skin. At noon on the 19th the latitude was 48 1' N. The morning of the 20th saw the Washington once more in the vicinity of Tatooche island. The incoming tide set so strong, says Haswell, "that though it was calm all the succeeding night we were hurried into the straits." He continues : "At daylight several canoes came off and upwards "of 30 sea-otter skins were purchased, but we had the mortifi- "cation to see them carry off near 70 others, all of excellent "quality, for want of chisels to purchase them, and they re- peatedly told us they had great abundance on shore." Has- well does not indicate the situation of the vessel at this time, but at any rate it must have been near Tatooche island, per- haps as far inside the strait as Neah bay. Having no chisels 30 F. W. How AY left, and the Indians refusing to take other articles, the Wash- ington bore away for Nootka, where she arrived on 22nd April, 1789. During the absence of the Washington, Captain Kendrick had moved the Columbia to Mawinna or Kendrick's Cove, now called Marvinas bay, seven miles up the sound from Friendly Cove; and on the following day the Washington reached that spot. Haswell says : "We were greatly sur- prised to find the ship not ready for sea. She was now near- "ly a hulk ; had not been graved or scarce any preparation made "for sea. They had indeed landed their guns, built a good "house, built a good battery, landed most of their provisions "and stores, and had their blacksmith's forge erected in the "house. When we arrived in the cove they were casting their "balls, preparatory to grave her bottom. The smiths were "immediately employed to furnish us with another cargo of "chisels and all our people in refitting our vessel for sea, re- pairing the sails, and recruiting our stock of wood and water." On the 3rd May, 1789, the Washington sailed once more from Nootka, but this time her prow was turned northward, and about a month was spent in the vicinity of Queen Char- lotte islands, or Washington island, as Gray called them. The sloop being severely damaged in a gale, it was determined to return to Nootka. As Haswell gives no dates on the return trip after the llth June, when the Washington was in a har- bor on the west coast of Queen Charlotte islands, the exact date of her return can not be fixed, but it was probably some time after the middle of June, 1789. This short voyage was most successful, a very lucrative trade being carried on, espe- cially on the west coast of Queen Charlotte islands on the return journey. Haswell tells us that at one place, Captain Gray obtained two hundred sea-otter skins in trade at the rate of one chisel per skin about one-fifth of the ordinary price. By a curious error this incident has been constantly misrepre- sented ; and it has been stated that the two hundred skins were obtained for one iron chisel. The fact, as stated in Haswell's log, is that the price was one chisel each. EARLY NAVIGATION OF THE STRAITS OF FUCA 31 The Washington remained at Nootka until after the 13th July, when she left that port in company with the Columbia for Clayoquot, where as already stated, all the furs were trans- ferred to the Columbia, and the captains exchanged vessels, Kendrick remaining on this coast in the Washington. Why the transfer was made at Clayoquot, instead of Nootka, we can not say. Perhaps it was owing to the trouble at Nootka over the seizure of Meares's vessels. Perhaps it was one of Captain Kendrick's sudden whims. If we believe Haswell, Kendrick was subject to sudden changes of mind. The suggestion of Greenhow on page 199, that on this oc- casion the Washington under Gray re-entered the strait of Fuca for a distance is pure imagination. There is not one jot or tittle of evidence to support it; on the contrary, the evidence is all the other way. The affidavit of Mr. Funter and the crew of the North West America, sworn at Canton, on 5th December, 1789, says: "The Columbia and the Amer- ican sloop Washington did depart from King George's sound "together, unmolested in any measure by the Spaniard. . . "That the Columbia and Washington did steer to a harbor to "the southward of King George's Sound, where they separ- "ated, the Columbia returning to China and the Washington "remaining on the coast." As these persons left Nootka on the Columbia, and were passengers on her on the voyage to China, and had no apparent interest in misrepresenting the facts, we may assume this statement in the absence of all evi- dence to the contrary to be correct. Hence it appears that, during 1789, the only occasions on which the Washington entered the strait of Fuca were during the cruise in March and April, of which I have already given the outlines as recorded by Haswell. All that now remains is to determine the most easterly point within the strait then reached by her. Captain John T. Wai- bran of the Department of Marine and Fisheries at Victoria, who is one of our best-posted and most thorough students of the early history of the coast and to whom I am greatly in32 F. W. How AY debted for much valuable assistance in the preparation of this address, has very kindly worked out for me the daily posi- tions of the Washington from Haswell's observations and state- ments. He informs me that according to Haswell's log, the vessel was, on the 31st March, off Clallam bay, some twenty- five miles east of Cape Flattery ; this marks her most easterly position on the southern shore of the strait. At six o'clock that evening the Washington reached her furthest east point, being in latitude 48 25' N. and longitude 124 10' W. This position may be described as fifteen miles eastward of Port San Juan, or midway between Port San Juan and Sooke harbor. Thus we find by working out Haswell's log reasonable confirmation of Captain Gray's statement to Vancouver. It is not my intention to deal with the work of the Spanish navigators, Quimper in 1790, Elisa in 1791, and Galiano and Valdes in 1792. That can only be adequately done by a person having access to the Archives General of the Indies at Se- ville. Nor do I intend to touch the work of Vancouver. His own monumental volumes contain the fullest information, and Professor Meany's commentary has added the spice of local and personal interest. Taking stock then of the advance of knowledge concerning the strait of Fuca from 1778 to 1789, we find that while Cap- tain Cook discovered Cape Flattery, the strait itself was dis- covered and named, but not entered, by Captain Barkley in 1787; that Meares never entered the strait at all, but that Duffin, in charge of the long boat of the Felice reached Port San Juan in July, 1787; that in August, 1788, Captain Dun- can did the first surveying and trading within the strait, and in January, 1790, he published the first chart of it; that the Washington did not make the voyage Meares tells of, but under Captain Gray traded extensively in the strait, examined both shores to a distance of almost fifty miles, and was the

first vessel to really navigate that strait.

THE RISE AND EARLY HISTORY OF
POLITICAL PARTIES IN
OREGON II

By Walter Carleton Woodward

PART II

Period of the Territorial Government

Political Organization

CHAPTER III

ORGANIZATION OF THE OREGON DEMOCRACY

Not until two years after the settlement of the Oregon question between the United States and Great Britain, did Congress take action looking toward giving Oregon a territorial organization. The delay was occasioned by Southern members who objected to the anti-slavery clause in the proposed organic act. Not that they entertained a serious hope of seeing slavery established in Oregon. They fought in the first place the recognition of the principle that slavery could be excluded from any of the territories, and later, to force concessions favorable to them in the organization of the territory so recently acquired from Mexico. After a long and determined opposition on the part of the pro-slavery element in stubborn allegiance to its sacred institution, the Oregon Territorial bill became a law on August 14th, 1848. From that hour there was a decided change in the political situation in Oregon. The viewpoint was shifted; the view enlarged. The old lines of division began to fade. It is true some of the local jealousies remained and were for a time to continue to be factors in politics, but the focus was different. Oregon was now linked with the United States and with its political life. The very fact of the passage of the territorial bill meant that a party president would appoint party office holders to exercise national supervision over the new territory. As the old local lines of division began to disappear, in the new conditions men began to remember their old political affiliations held "back in the States." But though the change in the point of view was decided and was generally felt, and its significance appreciated, it took some time for political action to adapt itself to the new order. There was a period of transition in which the old had not been forgotten and put aside and in which the new had not been fully espoused—a period in which political conditions were reshaping themselves in preparation for new and national alignments. First to emerge in organization from this political interregnum was the Oregon Democratic party.

Elected in a close campaign for which Oregon had furnished the slogan, President Polk was anxious that the new Territory should be organized during his term of office. To this end he urged his appointee for governor, General Joseph Lane of Indiana, to make all haste on his long journey in order to assume control before March 4, 1849. Arriving at Oregon City March 2nd, on the following day he issued a proclamation extending the laws of the United States over the Territory of Oregon.^[2] Oregon was thus started on her territorial career under the auspices of the Democratic party and by a man whose future was to be linked inseparably with that of the new territory. The history of the next decade was to show how thoroughly fitting and significant was such a beginning.

One of the first matters of importance incident to the new relationship which Oregon had assumed was the election of a delegate to Congress. In this election no national party lines were drawn. The factors governing it were found in the old local conditions, affected by the new territorial government. What the attitude of the Government would be toward recognizing property rights of the British interests as represented by the Hudson's Bay Company, was the vital question. The American settlers were quick to suspect the latter of designs on large parts of the domain north of the Columbia and were as quick to resent them. This attitude furnished the issue of the campaign. It resulted in the election, June 6, 1849, of Samuel R. Thurston, the most vigorous opponent of the foreign interests, among the five candidates, and supported by the Mission party. Though recognized as a strong Democrat, as were some of his competitors, it was as a partisan in local affairs that he made his campaign for election.^[3] The policy POLITICAL PARTIES IN OREGON 37 he pursued in Congress was consistent with this local plat- form on which he had been chosen as delegate. Serving at a time when the sectional spirit was so dominant at Washing- ton, he found the Pacific Coast to be "in the angle of cross fires." As a result, in order not to impair his influence, he "shut the book of partisan politics" and turned his attention solely to the material needs of his constituents, securing the passage of the much desired donation land law. 1 If Oregon needed a striking reminder of the fact that hence- forth she was of necessity to experience the exigencies of na- tional political life that her future was inevitably linked with the party fortunes of the nation, such reminder came promptly. Her citizens had hardly accustomed themselves to the new situation when their new officials were replaced by newer ones by the incoming Whig administration. And as if the very fact of such a sudden change were not of itself sufficient, the lesson was emphasized by contributing conditions. With enough of the demagogue in his make-up to render him a typical successful politician of his day, Lane had so addressed himself to the Oregonians and so adapted himself to local conditions as to put himself in thorough accord and harmony with the people. He was popular from the start. The fact that the majority of his constituents were fellow democrats con- tributed to this entente cordiale, but he was generally popular regardless of party distinction. He was a man of the people. His Whig successor, General John P. Gaines, was just the opposite. Pompous and aristocratic in bearing, he was tact- less in action and overzealous in exerting his authority. At best it was somewhat repugnant to these western Americans, used to governing themselves, to be placed under what they considered foreign officials ; under such a man as Gaines it was positively galling. In this situation and in what grew out of it, is to be found the beginning of political parties in Oregon in the national sense. It will hereafter be developed i Circular address issued by Thurston to Oregon voters, from Washington, D. C., Nov. 15, 1850. 38 *W. C. WOODWARD how clever politicians, working upon the popular prejudice, used such a condition to force political organization. At the session of the territorial legislature which met at Oregon City December 2nd, 1850, that apple of discord in Oregon politics the capital location question made its ap- pearance. The two contestants were Oregon City and Salem. The latter had the advantage of location and naturally, also, the support of the Mission element which had already made Salem its center. The location bill, giving Salem the capital, Portland the penitentiary and Corvallis the university, passed both houses by a total vote of 16 to II. 1 While the bill was before the legislature, Gov. Gaines sent in a special message criticizing it. He showed that inasmuch as it contained more than one provision it was in violation of that section of the act of Congress organizing the territory which provided that a law must embrace but one object and that object expressed in its title. Unsolicited advice was also given in regard to the manner of expending appropriations. This gratuitous in- terference with the legislative part of the government was bitterly resented by those legislators who were naturally sus- picious of executive authority. Their sense of freedom in self-government was outraged. Their dislike of the man, as well as the dislike of his politics by the majority of the mem- bers, 2 added to the dissatisfaction. In a defiant mood the bill was passed without the changes suggested. The Whig gover- nor was thus associated with the Oregon City side of the con- tention his Democratic opponents with that of Salem. The line of cleavage had been found. On March 28th, following the adjournment of the legislature in February, appeared the first number of the Oregon States- man. Through its editor, Asahel Bush, cold, calculating, re- lentless, it was to dominate Oregon politics for a decade, mak- ing and breaking politicians at will. It announced that in politics it would be Democratic and pledged its efforts in be- i Bancroft, Vol. II., p. 146. aOregon Statesman, March 26, 1851. POLITICAL PARTIES IN OREGON 39 half of the integrity and unity of the party in Oregon, bidding defiance to the unmerited assaults of the political opposition. Whenever the Democracy should organize the Statesman would be the uncompromising advocate of regular nominations the only manner by which a party could give efficiency to its action and success to its principles. Thus in its very saluta- tory it made a tacit argument for party organization, thereby suggesting its own raison d'etre. Bush at once began the movement for organization. He wrote letters to Democrats asking for contributed articles in favor of such political ac- tion, 1 which explains the rather spontaneous effusions in the Statesman by "Pro Bono Publico," "Jeffersoniari," "Dem- ocracy," and their political kinsmen, from over the Territory. But at the same time Bush did not allow the enthusiasm of youth to overthrow the caution of the successful, practical politician he was. Requested to urge the importance of elect- ing democrats to the legislature in the June election, 1851, he replied that in the absence of an organization such a course would lose them more Whig votes than it would gain them Democratic. 2 In the very next issue following the election, however, which had revealed encouraging Democratic strength, the leading editorial in the Statesman was headed, "Organiza- tion of Democracy." 3 The choice of a delegate to Congress was also before the people in the Spring of 1851. Thurston, after an able and diligent term, was on the way home to face opposition for his unfair treatment of Dr. McLoughlin in the donation land bill. Lane had been mentioned to succeed him and in March was unanimously nominated at a meeting of the citizens of Yam- hill County at LaFayette, at which Lane's personal friend, Gen. Joel Palmer, presided. The prospect of a contest between two such influential and aggressive Democrats was far from reassuring to Bush and those who were carefully laying plans for the organization of their party. Harmony and unanimity i Private Correspondence, Bush to M. P. Deady, April i, 1851. albid, May 17, 1851. sStatesman, June 13, 1851. of action were necessary for success, and such a contest as this, which threatened factional strife and jealousy was much to be deprecated. Bush felt the delicacy and embarrassment of his position keenly and declared privately that he would pursue an independent course in his paper and uphold party rather than its individual members.^[4] The assuming of an attitude of neutrality by Bush, in the light of his later career, is almost unthinkable. The political situation was thus greatly relieved by the death of the returning delegate. On May 2nd, the Statesman announced the demise of Thurston and likewise noticed the return of Lane from the California mines. In the next issue, May 9th, Bush came out strongly for Lane, explaining the Statesman's previous neutral attitude in the fact of there being no organization or nomination to decide between the Democratic candidates. But now there was but one candidate in the field and the Statesman would support him in behalf of the political creed of which he was the exponent. It believed thoroughly in his devotion to the principles, usages and interests of the great Democratic party. Bush thus forced to the front the recognition of political differences in the delegate question, there being no opposing Whig candidate—a position which he had refused to take on the legislative ticket. At the same time the Oregonian, which in its first issue, December 4th, 1850, had announced active allegiance to the "present administration and all the principles of the great Whig party" was now becoming non-partisan in tone. It demanded only a high-minded man of ability and would not stop to inquire to what party he belonged.^[5] Meanwhile another candidate entered the field in the person of W. H. Willson. Though primarily representing the Missionary influence which had supported Thurston, he, too, was a Democrat. Hence, Bush, though personally favorable to Lane, and having announced that he would support him, is evidently so solicitous for party harmony that he has not a word more to say in his POLITICAL PARTIES IN OREGON 41 favor during the remainder of the campaign. The Milwaukie Star, Democratic, was more outspoken. It could not for a moment give countenance to Willson's candidacy against a brother Democrat, which would stir up strife in the party. While pleading for party unity, the Star at the same time naively asks the Whigs to support Lane. It urges that in so doing they will lose no political strength as the delegate has no vote in Congress ; that both Whigs and Democrats will be equal participators in every measure he brings about for Ore- gon's advancement. 1 Lane himself, both publicly and private- ly, took a non-partisan stand which was inclined to disarm any partisan opposition. 2 Both candidates were Democrats but neither ran as such. 3 The four newspapers the Oregonian and Spectator, 4 Whig, and the Statesman and Star, Demo- cratic were committed more or less actively to Lane, 5 who was elected by a vote of 1,911 to 426. In the Statesman of June 13th, immediately after the elec- tion, appeared a call for a democratic convention to be held July 4th at Salem for the purpose of effecting a permanent organization of the party in Marion county. Bush heartily endorsed the movement editorially and expressed his satisfac- tion in the fact that it was general throughout the Territory. By this time the question of party organization had become a definite issue. The Democrats, clearly in the majority and smarting under the dominance of Whig officials, took a strong position in the affirmative. The Marion county convention above mentioned passed strong resolutions on the subject. Those resolutions maintained that political parties are insep- arable from a free government; that the only natural division of parties in this country is that which has existed since the contest between Jefferson and Adams, under the names of i Star, May 22, 1851. 2Personal Correspondence, Lane to J. W. Nesmi'th, May 27, 1851. 3Statesman, June 23, 1857, in retrospect. 4Vhile the Spectator did not become a distinctively partisan paper until early in 1852, it was Whig in attitude. sStar, May 22, 1851. 42 W. C. WOODWARD Republican and Democrat and Federal or Whig; and that Democratic principles are 1 as applicable to Oregon as to any other portion of the nation. These and other arguments were voiced continually in the Statesman. The democrats were already looking toward a state organization under which they could elect their own officials and it was urged that party machinery should be perfected in anticipation of statehood. 2 Extracts from Eastern papers, both Whig and Democratic, appear, in which the system of party organization and dis- cipline is upheld. The opposite position was as firmly taken by the Whigs. They maintained that the people of Oregon, far from the cen- ter of political strife, should not be distracted by the fires of partisan passion. Attention should rather be turned to the local needs of Oregon. The citizens of the Territory should work unitedly in behalf of those material interests which were not political in their nature. The zeal of the Democrats in the matter was attributed to the ambition of aspiring politi- cians for place and power. In reply the Statesman asked "Who first roused the slumbering fires of party feeling in Oregon? Ask the party which has swarmed the Territory with Whig officers, pledged and sworn to aid the schemes and promote the interests of Whiggery." The Whigs asserted that Gen. Lane was opposed to party organization, calling to mind his declaration of non-partisanship in the preceding campaign. In answer Bush quoted a letter from Lane, from Washington, dated December 22, 1851, in which he said: "I am glad to witness your efforts to get a Democratic organization. Lose no time in urging the Democrats to organize and unite. All local and sectional issues should be dropped. With the or- ganization and union of the Democracy all will be well in Ore- gon." 3 This was a rude awakening to the Whigs who had accepted the olive branch held out to them by Lane in June. iStatesman, July 15, 1851. 2Statesman, June 13, 1851. Oregon Weekly Times, Nov. 22, 1851. The Times, published at Portland, was the successor of the Western Star, which had been published at Milwaukie until June, 1851- 3Statesman, February 24, 1852. POLITICAL PARTIES IN OREGON 43 As a contributive force to the movement for Democratic organization, Bush began gradually to reopen the capital loca- tion question in the Statesman. The governor maintained his position that the location act was invalid and therefore not binding upon him. On this ground he refused to concur in the expenditure of the appropriations for public buldings. This action had the force of a veto upon the bill as the attorney- general of the United States had given his opinion that the governor's concurrence was necessary to make such expendi- ture legal. 1 General dissatisfaction resulted and the hostility to Governor Gaines increased. A perusal of the personal cor- respondence of some of the Democratic leaders at this time shows that there was a hesitancy felt by some in forcing this issue as a basis for party alignment. The aggressiveness of Bush in the matter was questioned by his colleagues in 1851. He maintained privately that while he did not "consider it exactly a political matter, yet the parties concerned necessarily make it somewhat so, especially if we look ahead a few years." 2 His influence was apparently dominant in the matter as some of the conservative ones soon became the most active in the cause. The Statesman of September 16th contained a three- column contributed article on the location law from the Salem point of view, signed "Yamhill" and evidently written by M. P. Deady of La Fayette, to whom Bush had written only the month before, justifying himself. Deady was one of the most prominent of the young Democratic leaders and was a man of marked ability. Bush called attention to the article editorially, justifying the amount of space given to it by the importance of the subject and the ability and research with which it was discussed. And in view of its importance to the people of Oregon, he invited communications "from all sources and upon all sides, written in the spirit of courtesy, candor and honest inquiry which characterizes the one we publish i Bancroft, Vol. II., p. 160. aBush to Deady, August 19, 1851. "Now Deady just place yourself in my position with a very natural feeling of hostility to the band of government officers . . . and tell me in what respect you would Jave taken a dif- ferent course." 44 W. C. WOODWARD today." 1 Thus was the troublesome question opened up which was soon to stir the whole Territory in most bitter partisan strife. The issue was squarely joined with the meeting of the legis- lature the first of December, 1851. The Democratic members, greatly in the majority, 2 gathered at Salem in accordance with the provision of the location bill. The Whig minority held the latter to be void and four members of the house and one of the council met at Oregon City. Party alignment was defi- nitely made on the issue. The supreme court became involved in the political controversy. The act of Congress organizing the Territory required the court to hold annual sessions at the capital. The time for the session arrived and the two Whig judges, Wm. Strong and Thos. Nelson, constituting a quorum, met at Oregon City; the Democratic judge, O. C. Pratt, who had been appointed by President Polk, at Salem. This fact greatly emphasized the partisan nature of the contest. Bush and the Democratic leaders had played their game cleverly. They had made an issue between the elected representatives of the people on one hand and the disliked, appointed officials on the other. Always quick to resent outside interference in their affairs, the majority of the people rallied to the support of the legislature at Salem which had organized and proceeded with business. The controversy became violent and was by no means allayed at the adjournment of the legislature or even by the act of the next session of Congress which confirmed the location bill and legalized the Salem session of the legis- lature. 3 The capital fight became if possible increasingly bit- ter and more far-reaching in its influences. And the strife seemed to be as heated in naturally neutral localities as in those directly interested, owing to the presence and activity of zeal- ous politicians. 4 i Statesman, September 16, 1851. zlbid., July 4, 1851. 3Statesman, June 29, 1852. 4Personal conversation with Hon. J. C. Nelson on situation in Yamhill County. POLITICAL PARTIES IN OREGON 45 The line of division, however, was not wholly or perfectly made in accordance with past political associations. In some cases the controversy caused a transference of party fealty which had an important influence in the history of the state; notably in the case of Dr. James McBride. 1 He had been a Democrat in Tennessee and Missouri, but took the Oregon City side of the fight, became a leading Whig and one of the founders of the Republican party in Oregon. His son, J. R. McBride, was the first Republican Congressman to represent the state and another son, Geo. W. ' McBride, in more recent years, was sent to the United States Senate by the same party. No family has, perhaps, been more prominent in the political annals of the state. This is but an example of the far-reach- ing political influence of this early capital location issue. In other cases sides were taken regardless of party. Jesse Apple- gate, most irreconcilable of Whigs, took the Salem side of the question. 2 Some, also, who had property interests to con- sider, took sides irrespective of party. Democrats of Oregon City and Clackamas county entered a vigorous protest against making a party issue of the controversy, which would place them with their political opponents or array them against their own personal interests. These Democrats and the Whigs joined in an attempt to stem the tide which had set in towards party organization. At a mass meeting held on April 15th, 1852, at Milwaukie, the vote was unanimous against the pro- priety of drawing party lines in Oregon. 3 Resolutions were adopted which deprecated the attempts "of most of our public journals" to base party movements on personalities and local, sectional strife. They also concurred in the call for a mass meeting to be held at Oregon City, April 6th, to nominate can- didates for the approaching election, without distinction of party. At this Oregon City meeting Judge W. W. Buck an- nounced that as a Democrat he was opposed to the attempt made to organize the Democratic party upon the basis of local i Ibid. aPrivate corespondence, Applegate to Deady, January 26, 1852. 3Oregonian, May 8, 1852. 46 W. C. WOODWARD issues and personal quarrels. The fact of the non-partisanship of the meeting was strongly emphasized. In its resolutions a note of warning was sounded against the practice of disre- garding established courts and the legally constituted author- ities. Washington, Jefferson, Madison, Jackson and Polk were quoted at length, giving warning against the encroachments of legislative power upon the other two departments and up- holding the authority of the courts. In the same issue 1 there also appeared a letter from "Independence," the purpose of which was to show the non-political nature of the location fight. The controversy was not Whig and Democrat not high or low tariff, not North or South, slavery or abolition, it was asserted, but merely location and anti-location. "With what face then can the Salemites declare this contest to be between Whigs and Democrats? Do not be deceived, brother Democrats. The controversy is purely local . . . and has not the least bearing on any doctrine in dispute between the two great political parties. This contest turns upon another hinge altogether. There is a thirsty, office-seeking class of demagogues who desire, for their own promotion, to organize the party, and something inflammatory that will rouse and excite our party to sectional antipathies must be heralded forth." This letter is very typical of the spirit of the oppo- sition. Week after week Editor Dryer of the Oregonian at- tacked the Democratic leaders with acrid and defiant pen. In return the epithets of "nullifiers" and "Encarnacionists" 2 were freely applied to the Whigs and those who espoused the cause of Oregon City. A rather notable incident of those stirring times was the appearance, shortly after the adjournment of the legislature, of a political satire by the versatile W. L. Adams, who was to become an important factor in Oregon politics. It was entitled "Breakspear A Melodrame entitled Treason, Strat- i Oregonian, May 8, 1852. 2Gov. Gaines was held up to contempt by the Democrats because in the Mexican war he had surrendered at Encarnacion, and, it was asserted, without offering adequate resistance. POLITICAL PARTIES IN OREGON 47 agems and Spoils." In it the Democratic leaders were cleverly caricatured and the inspiration of the organization of the Democracy was shown to be the desire of the Salem faction to secure the capital. The "Dramatis Personae" were easily recognizable and the characterizations were so apt, the plot so real and vivid, that the drama made a sensation. It ap- peared first in the Oregonian and was then published in pam- phlet form, illustrated with rude engravings. Two editions of the pamphlet were issued. It was considered of such moment by the Democratic politicians that they took pains to secure all the copies possible and retire them from circula- tion. 1 The actors are portrayed as crafty, conscienceless vil- lains, intriguing for personal gain. They make tools of the stupid people whose tenacity is such for what they term Dem- ocracy, which not one in five hundred comprehends, "That we have only to name our present Project, a pure Democratic measure And represent ourselves as its defenders, And the whole furious and headlong band Will rally round us, like Spanish cattle Ready to swear that all we say is true." 2 The production is more than a clever satire. A study of it throws great light on the political situation of the day. Some of the characters involved were ever afterwards known in Oregon politics by the names by which they were designated in "Breakspear." The Democrats, through the press and through convention resolutions, vehemently denied the charge that they were at- tempting to organize their party on the location issue. They strongly deprecated the strife and dissension existing, respon- sibility for which they laid upon their opponents. 3 Bush found i Conversation with Geo. H. Himes. 2From a copy of the pamphlet in the possession of Mr. Himes, curator of Oregon Historical Society Collection. sStatesman editorial, "Democratic Issues," March 9, 1852. Resolution passed by Yamhill County Democratic Convention: "Resolved, That by an organization of the Democratic party upon its long-established and well-known principles, we hope to forever put to rest those local and personal factions which, in times gone by, have been so fruitful a source of discord in our public councils." Statesman, May 12, 1852. 48 W. C. WOODWARD such a course necessary in order to placate what he termed privately the "tender footed, toady Democrats," who berated the Statesman, denouncing it as too violent. He went so far as to ask his friend Deady if he would not get a resolution passed by his county convention sanctioning the manner in which the Statesman had been conducted. 1 In spite of all the obstructive tactics employed by the Whigs and minority Democrats, party organization was steadily pro- gressing. During the session of the last legislature, a Demo- cratic caucus had been held at which it was unanimously re- solved that it was "expedient to organize the Democratic party in the Territory of Oregon." 2 A central committee was chosen for one year, of which J. W. Nesmith was chairman. 3 Dates were set for the holding of county conventions throughout the territory. This was the first step toward a general, systematic organization. Nearly all these conventions passed resolutions to the effect that political parties are inseparable from a re- publican form of government; that they constitute the surest means of selecting faithful and competent servants. They very generally vindicated the Salem legislataure and denounced the obstructive measures of the two federal judges and the Whig officials as a whole. There was no united opposition to the various county Democratic tickets nominated by these conven- tions. The non-partisan convention of Clackamas county has already been noticed. In other counties "Law and Order" tickets were put out. 4 In Umpqua county there was a Whig ticket. Bush urged all to vote the straight Democratic ticket, which is the first appearance in Oregon of this old party slo- gan, "Vot'er straight." 5 The June election, 1852, was very favorable to the Democrats. The opposition carried but two counties, Clackamas and Washington. The result was divided in Yamhill. In commenting upon the result, Bush said the iBush to Deady, April 8, 1852. sStatesman, January 27, 1852. sNesmith to Deady, February 6, 1852. 4Oregonian, May 8, 1852. sStatesman, April 27, 1852. POLITICAL PARTIES IN OREGON 49 verdict triumphantly sustained the legislature and declared in favor of party organization. "The propriety of our recent organization, though hastily and imperfectly got up, and the necessity and expediency of keeping it up in all future contests, will scarcely hereafter be questioned by any reflecting demo- crat/' 1 It is only by a study of the newspapers of the period that one can appreciate the party rancor that by this time existed. Epithets unprintable, now, were hurled back and forth as freely as if they were the mere social amenities of the day. Judge Pratt was considered a Democratic leader, with Bush as the power behind the throne, and his followers and the party in general were known as Durhamites. 2 The extreme partisanship of the Democrats in their hatred of the Whig officials, was forcibly displayed in the following session of the legislature, in '52 and '53. The mere sending by Gov. Gaines of a message to the assembly roused a storm of opposition from the Democrats. A resolution was at once introduced to the effect that as the legislative department was independent of the executive, the further consideration of the message be indefinitely postponed. 3 The discussion which followed was long, heated and often grandiose. 4 It was made to appear that in the innocent and inoffensive message lurked a deadly enemy of civil liberty ! "Overthrowing the bulwarks of Amer- ican liberty," "the clanking chains of the despot," "insidious wiles of designing men," are examples of expression which char- acterized the onslaught. 5 At the same time the message itself was decried as inane and unworthy of consideration. The danger "lies in the encroachment of executive power, which like the stealthy crawl of the moonlit crocodile, approaches ilbid., June 15, 1852. zPratt had sold a band of Spanish cattle which he had purchased from a man named Durham, for a high price, the purchaser having been led to believe he was buying blooded Durham stock. 3Oregonian, December 18, 1852. 4ll)id., January 8, 1852. 5J. K. Hardin: "I feel it my duty, as one of the sentinels placed by the people to guard the citadel of their rights, to meet him (Gov. Gaines) at the threshhold and say, 'Stop! Thus far shalt thou go but no farther.' " 50 W. C. WOODWARD its victim." The resolution carried, but only by the close vote of 12 to 10. The vote is significant for it is important to note that thus early is found a dissenting minority in the Democratic ranks which refuses to be drawn to the extreme insisted upon by the radical leaders. In the discussion one member 1 warned his rabid colleagues that the pursuance of the course they were adopting would ruin the Democratic party. His Democracy was immediately challenged by a radical, 2 who insinuated that he was like others in the Territory "who picked up their Democracy as they crossed the Rocky Mountains." The reply is highly suggestive of the high-handed manner in which the ring Democrats promptly read out of the party all those who questioned their methods. The term National Democrats was this early applied to those who desired to base their party allegiance on broader grounds, to distinguish them from the Durham faction or the machine. 3 The action of the legislature was the inspiration of tireless invective on the part of the Oregonian. It charged that the warfare waged against Gaines was for the purpose of deceiv- ing the new immigrants and winning them into the embrace of Durliamism ; 4 that the welfare of the people was neglected and necessary legislative measures stifled for the furtherance of political schemes ; that measures of the Durham members were passed while those of the National Democrats and Whigs were killed with the purpose of killing their authors ; 5 that de- ception, falsehood, villification, and assault were in Oregon synonymous with the word "Democracy," which was but an- other term for "Prattocracy" ; that the sole idea of the political gamblers was that "Prattism must prevail," that they might secure place and power. 6 As has been suggested, there was a strong conviction at the time of the organization of the terri- torial government that offices should be filled by Oregon men iF. A. Chenoweth of Clarke and Lewis counties. 2A. C. Gibbs of Umpqua county. 3Oregonian, January 22, 1853. 4lbid., January 15, 1853. sOregonian, March 5, 1853. 6Ibid., December 25, 1852. POLITICAL PARTIES IN OREGON 51 rather than by men imported from the East. Charges were made in 1851 that the district judges were not holding their terms of court regularly and that as a result justice was delayed and criminals had escaped. This increased the general dis- satisfaction with imported officials, especially as they were Whigs. The independent, if not impertinent, attitude of the people is exemplified in a resolution adopted at a public meet- ing in Portland, April 1, 1851 : Resolved That the Presi- dent of the United States be respectfully informed that there are many respectable individuals in Oregon capable of discharging the duties devolving upon the judges, as well as filling any other office under the territorial government, who would either dis- charge the duties or resign the office. 1 The very first business transacted by the legislature which met in the following De- cember, was to draft a joint memorial asking Congress to amend the organic act so as to permit the election by the people of all the territorial officers. Blissful confidence was expressed that Congress would graciously accede to the re- quest. Nevertheless a bill was passed to the effect that if Congress should be so inconsiderate as to adjourn without granting the petition, a special election should be called within sixty days to vote upon the question of calling a convention to frame a state constitution. Democratic mass meetings and conventions followed all over the territory, at which the memo- rial was vigorously upheld. A few federal or "non-partisan" meetings are recorded which just as strenuously opposed it. The movement for statehood and the spirit of independence which demanded the popular election of all officers are insep- arable in the history of Oregon Territory. Wherever either is brought to the front, the other is found as an underlying factor. They cannot be discussed separately. As another presidential election approached, with indica- tions favorable to the election of Pierce, the Democratic atti- tude toward statehood became less violent and the constitu- i Statesman, April 11, 1851. 2Statesman, January 27, 1852. 52 W. C. WOODWARD tional convention was not called. Bush, in stating his oppo- sition to the convention privately, said that if Scott's election were certain and the petition for the election of officers certain not to be granted it would alter the case amazingly; but that in the prospect of the election of Pierce and of the passage of the memorial at the next session of Congress, they had a double prospect of relief. 1 In the legislature of '52-'53, the lower house voted 14 to 9 to submit the question of calling a constitutional convention to the people. 2 But the council, which was more strongly Democratic, rejected the proposi- tion. 3 With the news of the election of Pierce the ardor of the Democrats for statehood was cooled, for Whig officials would now give way to Democratic appointees. On the other hand, the Whigs who had so strenuously opposed the move- ment now began to see its merits. The Democrats already had control of the legislative branch of the government and the executive would now be theirs. Judge Nelson had resigned and Lane had been instructed to pre- vent the confirmation of a successor by the Senate until the hoped-for Democratic administration should come into power, which would give the Durhamites the control of the judiciary. 4 The well laid plans of the Democratic leaders were rapidly de- veloping. Nevertheless they did not expect to take any chances, even with their own party administration. The purpose of the first Democratic Territorial Convention was stated in the call to be the nomination of a candidate for delegate to Congress and "to recommend to the executive of the United States suitable persons to fill the various federal offices in this ter- ritory." 5 The appointments when made were very satisfac- tory indeed, all the officials but one being Oregonians. This gave the Democrats an appreciated opportunity for comparing i Bush to Deady, September 3, 1852. 2Statesman, January 22, 1853. 3lbid., March 12, 1853. In the same issue Bush recedes from the pro- nounced ground he had taken in the past. He says, editorially, the question should be "well and dispassionately" considered and speaks of the heavy expense of a state government. 4Bush to Deady, February, 1852. sStatesman, January 22, 1853. POLITICAL PARTIES IN OREGON 53 the treatment of Oregon by the two Administrations. In an editorial on "The Difference," Bush says the places will be now rilled by Oregonians and the salaries received and ex- pended at home, instead of being "gobbled up by a set of foreign mercenaries and taken out of the country." The only consolation the Whigs had in the tide of Democratic success was found in the rejection by the Senate of the nomination of the Durham leader, Pratt, for chief justice. 1 General Lane, who was by this time the idol of the Oregon Democracy, re- turned to succeed Gaines as governor on May 16th. But this was merely to gratify the personal desire of Lane, 2 as it was understood that he would run again for delegate, he having in fact been already nominated. He accordingly resigned three days after succeeding Gaines, which elevated Geo. L. Curry, the secretary, to the position of governor. It has been shown that organization of the Democratic party in Oregon was first effected in 1852. It was not com- plete, but the several county conventions had put party tickets in the field and forced partisanship to the front. The issue of the movement as shown in the election results, and the triumphs of the Democracy which followed, served to confirm the Democrats in the determination to perfect a permanent organization. Flushed with success, they entered upon the campaign of 1853 with zeal and aggressiveness. The first Ter- ritorial Democratic convention met at Salem, April llth and 12th, at the call of the Territorial central commmittee, ap- pointed at the Democratic caucus the year previous. Lane was nominated to succeed himself as delegate, receiving 38 votes. M. P. Deady and Cyrus Olney, associate justices, received 11 and 5 votes respectively. The convention expressed itself as feeling the necessity, in organizing the party in Oregon, of making it "thorough, radical and efficient" and appealed for hearty co-operation to this end. It is interesting to note that the spirit of expansion which had taken hold of the National iPratt's confirmation was defeated by Senator Douglas on personal grounds. zLane, Autobiography, Ms., p. 58. 54 W. C. WOODWARD Democracy and which was beginning to manifest itself in de- signs on Cuba, is reflected in this first Territorial convention in the far Northwest. The fifth resolution declared that the Sandwich Islands are a natural and almost necessary append- age to the American possessions on the Pacific Coast and that Oregon Territory feels a deep interest in their acquisition by the United States. It was resolved that any transcontinental railroad must include a branch from San Francisco to Puget Sound. The National Democratic platform of 1852 adopted at Baltimore was endorsed, thus introducing national issues into Oregon politics for the first time in this campaign of 1853. The opposition to the Democracy still opposed political parties in Oregon. Hence, there was no organization or machinery for bringing out a candidate against Lane for dele- gate. However, A. A. Skinner, who had been a judge under the Provisional government, announced in a letter to the Ore- gonian of May 21st, that a portion of his fellow citizens "with- out distinction of party" had requested him to become a can- didate and that he would comply. He proceeded to give his views, to the effect that parties are unnecessary and pernicious in a Territory ; that their introduction is fraught with evil con- sequences ill blood and strife. Despite his non-partisan pre- tensions Skinner argued ably for the good Whig doctrine of federal aid for internal improvements. The Oregonian forth- with put his name at its masthead under the caption of "The People's Party." The campaign was brief but hotly con- tested. On the one hand Lane was bitterly attacked for base deception in having sought office as a non-partisan, in pledg- ing himself to support no political organization, even decry- ing political parties in a territory and then completely chang- ing front immediately after election. 1 On the other hand Skinner was characterized as a narrow, prejudiced federalist seeking to hide his partisan bias under the professions of no- lOregonian, March 12, 1853. Ibid., April 2, 1853. Ibid., May 14, 1853. POLITICAL PARTIES IN OREGON 55 partyism. 1 The Jackson County Democratic convention de- clared that the cry of "people's party" and "people's candidate" was but a new subterfuge behind which Whiggery sought to make a successful inroad into the ranks of Democracy "to steal the livery of heaven to serve the devil in." 2 . The victory for the Democrats was decisive. Lane was elected by a vote of 4,529 to 2,959. 3 All the new members of the council were Democrats. Four Whigs or "People's Party" men were elect- ed to the lower house one each from Lane, Umpqua, Wash- ington and Jackson counties. It was a victory for party or- ganization. The Oregon Democracy was now thoroughly in- trenched in the Territory political parties had come to stay. Through it all the fine hand of Asahel Bush was discernible and his dictatorship in Oregon was clearly foreshadowed if indeed it had not already come to pass. iStatesman, May 21, 1853. aStatesman, May 8, 1853.

3lbid., June 23, 1857.

CHAPTER IV

THE PERIOD OF ANTI-DEMOCRATIC ORGANIZATION

In the decisive Democratic victory of 1853 the Whigs finally read their lesson. They realized that party organization was inevitable. The Oregonian, with all the force of Dryer's vitriolic pen, attacked partyism right up to the end of the campaign. In the very next issue following the election, the versatile editor championed the cause of Whig organization and outlined a radical party platform.^[6] He declared that the Durham Democrats had succeeded in duping the masses with the shibboleth of "Democracy," forcing those who were honest in their political opinions to take issue with them. "Therefore it becomes us, however much we may doubt that the good of the whole people demands a partisan course, under present circumstances to throw to the breeze the Whig banner." Here was the conception of the Oregon Whig party, "born as one out of due season." It was a posthumous child and was never to arrive at healthy maturity.^[7]

The platform outlined by the Oregonian was clear-cut and comprehensive. As regards local conditions, it announced uncompromising opposition to the consolidation of power in the hands of a few political office hunters. It declared for legislation for the benefit of the people rather than of faction; for strict accountability of public officers; free lands for bona fide settlers; free speech and a free press, unawed by the threats of party demagogues; a system of naturalization by which every foreigner should be placed upon an equal footing with those in the Atlantic States. Nationally, the planks of the tentative platform were: A safe, speedy and economical POLITICAL PARTIES IN OREGON 57 tern of internal improvements by the general government ; en- couragement of home productions by a discriminating tariff upon manufactures, adequate to the expenditures of an eco- nomic administration of the government; the construction of a railroad by the general government, from the Mississippi river to some point on the Pacific Coast, within the old bound- aries of Oregon. Having given up the plea of non-partisanship, an unnatural position for a man of Dryer's pugnacious temperament, the Oregonian becomes at once a valiant party champion. Taking up his platform in detail, week after week, Dryer enunciates Whig principles and justifies Whig organization. He dwells especially upon the doctrine of internal improvements by the federal government a doctrine which would appeal strongly to isolated Oregon. The vulnerable mark in the armor of the Oregon Democracy was immediately discovered. The incon- sistency was shown of Democrats resolving that the building of a Pacific railroad by the general government was of para- mount importance, while at the same time Democratic leaders and statesmen were declaring that the government had not the constitutional authority to make public improvements. Be- fore the end of the year the Whigs were definitely urged by the Oregonian to organize at once in every county. 1 "The stu- pendous scheme of a grand Pacific railroad" was declared to be purely a Whig policy, destined to be the leading doctrine of the Whig party in Oregon. Dryer recognized in this the trump card of Whiggery in the Territory and he was deter- mined that it should not be stolen by the presumptuous Dur- hamites. On March 7th of the following year the movement toward actual organization was launched at a public meeting of the lOregonian, November 4, 1853: "Heretofore the Whigs have not deemed it expedient to organize in opposition to this hand of political marauders, supposing themselves to be in a hopeless minority. But the time has now come when further submission to the locofoco party would be highly criminal. Therefore we ask every Whig in Oregon to come out from among the Durham wolves. Let us take pur position unfurl our banners proclaim our principles and charge manfully into the Philistine camp." 58 W. C. WOODWARD Whigs of Portland. 1 After attacking the abuses of Durham rule, they sent to their "brother Whigs throughout the Ter- ritory a full, frank and unalterable notice that henceforth and forever we stand on the platform of the Republican Whig party." They nominated a ticket to be voted upon at the ap- proaching city election and made recommendation to the vari- ous counties to present full Whig tickets for county and terri- torial officers at the next June election. As a result of this meeting the Oregonian exultantly announced that the Whig party for the first time in Oregon stood out in bold relief, pre- pared and determined to do battle with a common enemy in a common cause ; that the siren song of "Democracy" had been chanted for the last time, to Whig ears. General Whig organization followed. It was not yet thor- ough and complete and was not distinctively Whig in every county. Washington county was a Whig stronghold and its convention, held May 6, 1854, issued a clear statement justify- ing organization. 2 The assembled delegates declared that they had tried in vain to induce all parties to lay 1 aside preju- dices of national parties ; had sought to sustain good men for office regardless of politics, but that their overtures of peace had been met with bitter hostility. They had found themselves a proscribed class, treated like a conquered people. This con- vention, so far as the newspapers of the time show, made one of the very first references in Oregon to the opening struggle over the organization of those western territories, which strug- gle was big with the destinies of the nation. A rap was taken at Douglas' Kansas-Nebraska bill in the declaration : "We re- gard the several compromises made by Congress and acquiesced in by the people, as final, conclusive and binding." It is some- what diverting to find these Whigs resolving that the federal offices of the Territory should be filled by citizens of Oregon ! The present governor, Davis, was a Democrat and had been imported from Indiana. lOregonian, March n, 1854. 2lbid., May 13, 1854. POLITICAL PARTIES IN OREGON 59 While Whig organization was in progress another political movement had been making headway. It was to give rise to the Maine Law party. From the very first settlement there had been a strong sentiment in Oregon in favor of the prohibi- tion of the sale of liquor. The Provisional legislature of 1844 enacted a law prohibiting the introduction of ardent spirits into Oregon, 1 the first prohibitory liquor law on the Pacific Coast. 2 The organic law as amended in the summer of 1845 gave the legislature the power to regulate the intro- duction and sale of intoxicants instead of the power to pro- hibit, and to this fact has been attributed, partly, the smallness of the majority of votes (203) cast for the amended law on July 26, 1845. 3 At the December session of the legislature a stringent prohibitory law was passed. 4 But it was generally asserted that the Hudson's Bay Company continued to import liquor for purposes of trade, while vigorous action was taken toward enforcing the law among the Americans. This caused dissatisfaction, and the result was that at the next annual ses- sion a license law was substituted, passed only over the em- phatic veto of Governor Abernethy. The passage of the prohibitory liquor law in the state of Maine in 1851 was reflected across the continent in Oregon with- in a few months. Considering the vast distances separating the coast from the East the obstructive mountain ranges, the intervening deserts or the long sea route it is a matter of surprise to note how quickly eastern movements or events be- came factors in the life and thought of Oregon in these early days. This is a good instance in point. In May, 1852, a temperance convention was held at Salem, attended by dele- gates from several counties. 5 The Convention declared for a Maine law for Oregon and a committee was appointed to con- fer with legislative candidates to get their attitude on the i Oregon Archives, p. 44. 2Thornton, "History of the Provisional Government," p. 69. 3lbid., p. 72. 4Oregon Archives, pp. 131, 132; Spectator, February 5, 1846. sStatesman, May 18, 1852. 60 W. C. WOODWARD question "that the people may fully understand what they are supporting." The general interest in the subject is reflected in the numerous clippings from the eastern papers in the Oregon press during the year 1853, relative to prohibition in general and the working of the Maine law in particular. The Oregon Territory Temperance Association met at Salem in April, 1854, and resolved that the Maine law, modified so as not to con- flict with the Territorial government, should be considered as the platform of the Territory. It was recommended that the friends of temperance meet at the various county seats on the first Tuesday in May to nominate candidates for the legis- lative assembly. Reports of the Marion and Yamhill county conventions show the movement to be strongly political. 1 The Yamhill resolutions declare that it is a political issue ; that the interests of temperance are paramount to all ordinary political issues and that the participants pledge themselves to vote for no candidate for the legislature who is not known to be in favor of the Maine liquor law. Thus in 1854, the first year in which the Democrats contend with organized opposition, that opposition does not present a united front, but is divided in two organizations. While the Maine law partisans had no unity with either of the old parties it was natural that the two minority parties in the Territory should tend to make common cause against the Durhamites. This they did in part, apparently without well concerted pur- pose. There was no uniformity of procedure. For example, in Marion county there was a Maine Law, but no Whig ticket and the vote shows that the Whigs supported the Maine Law candidates. That one of the latter receiving the highest vote, Orange Jacobs, was but 12 votes behind the low Democratic nominee. In Washington county there was a Whig but no Maine Law ticket. In Polk, where the relative strength of the Democrats and Maine Laws proved about 4 to 1, there were no Whig candidates, but in a few instances the candidates were de- nominated, "Maine Law- Whig", thus indicating coalition. Yam- lOregonian, May 13, 1854. POLITICAL PARTIES IN OREGON 61 hill county had three distinct tickets in the field. 1 Bush stated the situation clearly from the Democratic standpoint. 2 He de- clared that Democracy was opposed by Whigs openly, when any hope was entertained of succeeding under "that corrupt and often rebuked organization" ; secretly, and under disguise of Independents, and Maine Law advocates where there was no prospect of victory under the odious flag of Federalism. Throughout the campaign Bush waged war on the Maine Law party ; first, on principle, opposing the doctrine of prohibition ; second, and more emphatically, on political grounds, stig- matizing the movement as a mere trick to aid the Whigs in defeating the Democrats. 3 The Marion County Democratic convention of May 6th soberly decreed that as Democrats they did not recognize the Maine liquor law as a legitimate political issue. The results of the election were generally favorable to the Democratic candidates but the latter appreciated the fact that their success had for the first time cost them a sharp struggle. The efficacy of organization on the part of the minority was demonstrated. As the Statesman averred, party lines were now distinctly and permanently drawn and there remained no back or neutral ground in Oregon politics. 4 Bush, in review- ing the election results, commended Clackamas, Linn, Polk and Yamhill counties as having acquitted themselves nobly in their struggle against all the isms of the day. On the other hand, Marion and Benton, heretofore the standard Democratic counties, had been afflicted with serious disaffections in the Democratic ranks, not resulting in total defeat, but giving much regret to the friends of Democracy everywhere. He i The vote on the legislative tickets indicates the relative strength of the parties in Yamhill county: A. J. Hembree, Democrat, 270. Martin Olds, Democrat, 252. A. G. Henry, Whig, 268. Wm. Logan, Whig, 195. J. H. D. Henderson, M. Law, 131. G. W. Burnett, M. Law, 106. 2Statesman, May 16, 1854. sStatesman, April 25 and May 2, 1854. 4lbid., June 20, 1854. 62 W. C. WOODWARD exulted in the fact that no Maine Law candidate had been elected to the legislature and only eight Whigs. 1 The opposi- tion was sufficient to impress the Durhamites with the neces- sity of forgetting past factions and differences among them- selves and of making common cause against presumptuous opponents. 2 The sky had not yet cleared after the stress of the June election when another cloud loomed big on the political hor- izon. It was the precursor of such a sudden, violent storm in Oregon politics as has not been seen before nor since. It broke with the violence of a hurricane, spent its fury and died away almost as quickly as it had come. It was the appearance in the Territory of the Know Nothing movement, which had ap- peared in the East in 1852, under the name of the American party. It was the reappearance on a larger scale, in Ameri- can politics, of the attempts which had been made in eastern cities in 1835 and in 1843 to establish a "Native Amer- ican" party. It took the form of a secret, oath-bound organ- ization and avowed hostility to the political influence of for- eigners in our government. Its design was to oppose the easy naturalization laws and demanded the selection of none but natives for office. 3 There were no peculiar conditions in Ore- gon sufficient to explain the furor raised by the introduction of the new issue. It has been suggested by Bancroft that it was largely an expression of the old antipathies toward the foreign element in the settlement of Oregon. 4 But these were rapidly passing away in the violence of national party strife. A study of the contemporary press does not suggest such po- tent local anti-foreign sentiment. The real explanation will become obvious in the story of the bitter struggle. As early as 1852 Bush had attacked Native Americanism as but another exhibition of the spirit of the old Alien and Sedition laws. 5 But the issue was not joined until 1854 when ilbid., June 13 and June 27, 1854. 2Statesman, June 20, 1854 editorial on "Democratic Union." 3johnston, "American Politics," p. 169. 4Bancroft, "History of Oregon," Vol. II., pp. 357, 358. sStatesman, March 30, 1852. POLITICAL PARTIES IN OREGON 63 the influence of the American party began to be manifest in the eastern elections. On July 25, 1854, the Statesman speaks of an extensive secret society flourishing in the East which was merely a Native American political party and which had already gotten itself into very bad odor. At this time Bush was in the East. In a letter to his paper dated June 19, and appearing August 8, for the first time in his regular corre- spondence he calls attention to the Know Nothings. He pre- dicts for them a short career which will make plain the Alien and Sedition sympathies of 1854 Abolition Whiggery and publish the identity of that party with the old Hartford Con- vention Federalism. "So, as we can't help it, let this Native American dog (the meanest and most despicable of all curs) have its day." The Oregonian makes its first reference to the new party in August. It makes light of the evident anxiety and apprehensions of the Democrats and declares it "knows nothing" of the existence of such an organization in Oregon. 1 A little later, Dryer tacitly defends Know Nothingism as it gave him a new avenue of attack on the Durhamites. He de- clares that the idea that a native born American made free by the best blood of Revolutionary sires and educated under laws and institutions truly American, should presume to vote in accordance with the dictates of his own conscience, is a serious innovation to Oregon Democracy. 2 This early statement is significant as indicating the future attitude of the Whigs. They were inclined to look with charity upon any organization which threatened the power of the hated Durhamites. The operations of the new organization being secret, its growth cannot be very satisfactorily traced. Before the end of the year there were numerous Know Nothing wigwams throughout the Territory and they were increasing steadily. The Know Nothings were enthusiastic and confident that they were going to sweep all before them. 3 There was held at i Oregonian, August 26, 1854. zOregonian, October 28 and November 4, 1854. 3Personal conversation with C. A. Reed, of Portland, a surviving member of Salem Wigwam No. 4. 64 W. C. WOODWARD Portland on November 8, a district Democratic convention of Washington and Columbia counties, to make a nomination to fill a vacancy in the council of the legislature. The resolu- tions adopted are devoted almost entirely to the new heresy which is utterly condemned. The assembled Democrats de- clare uncompromising war against all their enemies, whether under the guise of "No Party party, Know Nothings, Native Americans or live Whigs," all of which are the natural allies of the Federal party. But the Durham leaders were clearly panic stricken. There was something insidious and baffling in the march of the movement. It was not only rapidly con- solidating the opposition, but it was beginning to make in- roads on their own forces. They stormed and denounced but it was like firing into the air. The stealthy enemy exposed no visible point of attack. At this crisis in the fortunes of Oregon Democracy, there appeared in the Statesman of November 1, 1854, a sensational and far-reaching exposure. In the words of Bush, "A friend, who says that through idle curiosity he was induced to become a member of the 'Supreme Order of the Star Spangled Ban- ner' or Know 'Nothings, has placed in our hands a full and complete exposure of the whole organization, embracing their form of initiation, oaths, obligations, signs, grips, tokens and pass words, the particulars of what has transpired at most of their meetings at this place and a list of the members here." 1 He characterizes the whole thing as the most ridiculous piece of bigotry, intolerance and stupidity grown persons were ever engaged in. He is pleased to find from the list that nearly all the members are Whigs natural Know Nothings, who should have been admitted without initiation. He regrets, however, to find the names of a few Democrats. Two of the latter are ambitious for legislative honors but they are plainly told that their political days are numbered. In this issue Bush reveals enough to excite a furor and promises further develop- ments in the future, including the publication of a list of iThe Statesman was published at Salem at this time. POLITICAL PARTIES IN OREGON 65 membership. The next issue of the Statesman is almost wholly devoted to anti-Know Nothingism. The tempest stirred up by the exposure is evident. Bush was ordered to give the name of his informant. 1 He refused. He was told he would be held personally responsible. 2 In reply he hurled defiance at his threateners and continued his exposures week after week. The Salem Know Nothings changed their places of meeting, they did everything to escape the implacable Bush. But the disclosures continued until the whole history and secret opera- tions of the order were exposed. 3 This was a decided repulse to Americanism in Oregon. It was not that its operations were found to be heinous. Pub- licity robbed it of that subtle element of mystery which had been its principal asset. Furthermore, with the free use of the lash, the Durham leader headed off an incipient stampede. Bush was now cordially hated but thoroughly feared. His power was unquestioned. He ordered Democrats to stand clear of any connection with the "wolves in sheep's clothing'* and emphasized his admonition with a covert threat: "Mark the prediction. There is not a man of prominence or influence belonging to the damning conspiracy in Oregon whose con- nection with it will not be known in less than six months. They are doomed men." 4 Democrats were inclined to take the imperious editor at his word. It was a venturesome man in Oregon politics at this period who would dare the dis- pleasure of Bush. Many wavering ones, Democrats in par- ticular, reconsidered the advisability of becoming associated with the proscribed Know Nothings. i Bush received his information through a printer employed on the Statesman named Beebe, who joined the Salem Wigwam as a spy. Private letter, D. W. Craig to Geo. H. Himes, August 9, 1909. aPersonal conversation with Hon. Geo. H. Williams. For a week or more following the first exposure, the latter, armed, daily escorted Bush to his office past threatening Know Nothings. 3Statesman, November 28, December 12, 1854; January 2, June 16, June 23, 1855- 4lbid., December 12, 1854. "What Democrat does not feel proud in the consciousness that he is pure and free from niggerism, Know Nothingism and all the other isms of the day? Who had not rather be a straight forward, consistent, fearless Democrat, than a shame-faced Know Nothing, skulking around from one garret to another in the darkness of the night." 66 W. C. WOODWARD But Bush and the Durhamites were not yet content. With the opening of the legislature a legislative coup was sprung which was to complete the work begun by the sensational ex- posure. With but eight members of the opposition in the As- sembly, the Durham leaders, accustomed to almost implicit obedience, felt able to force through any measure which the political exigency demanded. The famous Viva Voce ballot law was drawn up and presented for enactment. It provided that thereafter the votes at all general elections should be given viva voce, or by ticket handed to the judges, in both cases to be cried in an audible voice in the presence and hear- ing of the voters. The management of the bill was entrusted to Delazon Smith, a future storm center in Oregon politics. Smith was absolutely candid as to the purpose of the measure. 1 By the exercise of such a censorship over the voters of Ore- gon, the Know Nothing movement, which he attacked with venom, was to be killed. With sublime effrontery he argued that the passage of the bill would mean a loss of six to eight hundred votes to the Whigs, whom the Democrats accused of being in alliance with the Know Nothings. In commenting upon the favorable action taken by the lower house, Bush was equally frank : "We hope next week to be able to congratulate the country, the friends of Daylight Deeds, upon the passage of this bill (this Know Nothing antidote) through the upper branch of the assembly." The hope was realized, but not before a fierce struggle. The display of such high-handed arrogance was too much even for a number of the Democratic members. Both the speaker of the house and the president of the council had the temerity to oppose the bill. The vote was 5 to 3 in the council, one Whig being absent, and 14 to 12 in the house. 2 The defense of the Viva Voce law, which the Statesman felt it necessary to make in the weeks which followed, suggests the storm of opposition it aroused. Volatile Dryer of the Ore- gonian became almost hysterical. "Do these political Ishmael- i Statesman, December 19, 1854. 2Oregonian, December 30. Statesman, December 19 and December 26. POLITICAL PARTIES IN OREGON 67 ites suppose that freemen are such craven cowards that they dare not vote as they please for fear of those who ordained Delazon Smith the high priest of the party to whom voters are held accountable for the discharge of a blood-bought privi- lege?" 1 "No language is too severe in which to attack the political assassins who have assaulted the liberties of the people for personal ends." 2 And thus opened up the memorable cam- paign of 1855. The situation was peculiar and complex. On the one hand was Democracy, fearful for its supremacy, but all the more determined and aggressive prepared for a desperate struggle. On the other hand, if the opposition was inchoate in 1854 it was more so in 1855. It now comprised Whigs, Americans or Know Nothings and prohibitionists or Maine Laws. There were no distinct lines of cleavage between them; neither were they in complete coalition, though the first two elements were practically in that relation. In December, during the legislative session, there had been a meeting of the Whigs at Salem for the purpose of furthering the organization of their party. Prominently figuring in the proceedings were David Logan, Dr. E. H. Cleaveland, Mark A. Chinn, E. N. Cooke, C. A. Reed, T. J. Dryer and Amory Holbrook. A Territorial central committee was appointed, with power to call a convention and fix the proportion of rep- resentation. County committeemen were also appointed for the several counties of the Territory. A statement, drawn up by the president and secretary, Cleaveland and Chinn, respectively, urged the Whigs to effect organization in view of the coming campaign. 3 Accordingly Whig county conventions were held in the spring all over the Territory, to elect delegates to the Territorial Convention and to nominate county tickets. With the Americans no general political organization was visible. Yet through their Wigwams they seemed to act with lOregonian, December 23. albid., December 30, 1854, January 6, January 13, 1855. 3lbid., December 30, 1854. 68 ' W. C WOODWARD comparative concert and intelligence. In but one county, that of Washington, did they effect thorough organization and put out a distinctly American ticket. In 1856 and again in 1857 Washington county persisted in running American tickets though the movement was dead in Oregon after 1855. 1 Yet, strangely enough, perhaps because of the very absence of public organization, the Democratic fire was centered on Know Nothingism. Shortly after the election of 1854 the Territorial Temper- ance Association met at Albany, and its members resolved that though badly defeated they were far from discouraged and would re-enter the contest with renewed vigor. 2 The question of prohibition in Oregon continued to be agitated, efforts at organization were made and the temperance movement was still a factor to be reckoned with. Clatsop county held on May 1, a Temperance League Convention and invited atten- tion to a complete ticket, "independent of the old corrupt and partially defunct Whig and Democratic parties." The move- ment was sufficiently formidable to excite Durhamite spleen. At the opening of the legislative session of '54-'55 a resolution was introduced inviting the ministers of the different denomi- nations to open the deliberations each morning with prayer. A Durhamite member, Crandall of Marion, moved to amend by adding: "Except such ministers as are known to be in favor of the enactment of a Maine liquor law !" And the amendment was but narrowly defeated, by a vote of 14 to II. 3 In accordance with the call issued by the Territorial com- mittee the Whigs met at Corvallis, April 18, to nominate a delegate to Congress. 4 Lane had been triumphantly re-nomi- nated by the Democrats the week before at Salem. This was the first and last Territorial Whig convention to be held in Oregon. 5 On the first ballot, Ex-Governor Gaines received iGregonian, April 19, 1856 and April 4, 1857. 2Statesman, June 20, 1854. 3Oregonian, December 16, 1854. 4Oregonian, April 21, 1855. sThe counties represented, with the number of delegates allowed, will give an idea as to Whig strength over the Territory: Umpqua 3, Lane 4, Marion 8, Benton 5, Polk 6, Yamhill 6, Washington 4, Clackamas 8, Multnomah 5, Linn 8. The Jackson delegation arrived late. Wasco, Columbia, Clatsop and Douglas counties were represented in the convention by proxies. POLITICAL PARTIES IN OREGON 69 27 votes, Dryer 18, Chinn 11, A. G. Henry 8 and Holbrook 1 ; on the second Gaines 63, Chinn 3. The only platform adopted was the slogan, "Gen. Gaines against the world!" On the day following, the Americans met in convention at Albany and ratified the nomination of Gaines. 1 Indeed Bush boldly charged that Gaines was a Know Nothing; that the Know Nothings were in control of the Corvallis Whig convention, having previously settled the nomination in a private caucus. Democratic courage and resolution had risen with the peril. In January, a Territorial Jackson club was organized at Salem as additional machinery with which to combat the contagious heresy. County Clubs were to be organized throughout the Territory. A central vigilance committee was appointed. 2 The constitution of the Yamhill county club provided for a vigi- lance committee to consist of one from each precinct to report from time to time on the state of the Democratic cause in the several precincts. 3 The Linn county nominating convention urged that each and every Democrat constitute a vigilance committee to rally the Democracy and prevent unsuspecting Democrats from being drawn into the "gull-traps of the mid- night assassin." 4 This spirit of bitter antagonism toward the American party is similarly reflected in the various county Democratic conventions. The Territorial convention of April llth passed strong resolutions of condemnation and aversion. 5 Insisting that Gaines was a Know Nothing and was asking support as such, Bush appealed to the bona fide Whigs to vote for Lane and rebuke "the minions of Know Nothingism" with which they had nothing in common. He "points with pride" to a letter which he reproduces from John T. Crooks, an old line Whig who "washes his hands of the bastard party i Statesman, April 28. May 12, the Statesman speaks of the marriage of the two parties as having taken place at Corvallis, the infair being held at Albany. 2lbid., January 16. 3lbid., February 20. 4Statesman, April 10; Resolved, that that Oregon Statesman and others who have labored to lay bare the cloven foot and deformity of this heinous midnight monster by giving the people a true and timely exposure of its sly and treason- able machinations, are really deserving of the fullest approbation of the Democrats of this Territory. ., April 17. 70 W. C. WOODWARD formed by a vile coalition between all the isms, the factions and fanatics in the Territory." 1 In reply Dryer addressed an edi- torial "To the Wrigs." He denies that the issue between Gaines and Lane is Know Nothingism. If the American party had been strong enough it would have run an independent ticket. When the Americans overthrow the Democrats and stand out as a separate party when they declare themselves on the various public issues such as slavery and the Maine Law, the Whigs of Oregon will have a duty to discharge. Until then, let the Whigs discard all affiliations with the Democratic dynasty. The political issues of the campaign were declared to be found in the Viva Voce law the question of free Oregon or slave Oregon, which was the real Nebraska question and internal improvements, including a Pacific Railroad and a Pacific Telegraph. 2 While the Oregonian virtually championed the American cause, it could not speak for all Oregon Whigs. The Multnomah county Whig convention unequivocally disavowed connection with any other party, stoutly maintaining the integrity and principles of Whiggery. Its special aim was declared to be the nomination of Whig candidates to be supported by Whigs. 3 The Americans apparently took the Multnomah Whigs at their word as they put out a ticket of their own, designated as "republican ticket." 4 In Marion county the opposition put out a "Republican Reform ticket". It declared opposition to the "so-called Democracy, regardless of party," supported prohibi- tion and endorsed Gaines." A new factor was introduced into Oregon politics before the close of the campaign in the founding at Oregon City of the Oregon Argus, virtually successor to the Spectator which ex- pired in March of this year. The editor was W. L. Adams or "Parson" Adams, he being a militant Campbellite preacher. Uncompromising, dogmatic, combative and eminently expres- ilbid., May 12. zOregonian, June 2. 3Oregonian, May 12. 4lbid., May 26. POLITICAL PARTIES IN OREGON 71 sive, he was the Parson Brownlow of the West. Through the Argus he now began a career which was of vital influence in the making of Oregon's political history. In his prospectus 1 Adams had announced that the new journal would be devoted to the advocacy of great moral principles ; in particular, to the cause of temperance. In party politics it was to be entirely neutral. But in the first issue, the editor, hitherto a Whig, an- nounces that the Argus will take the American side in politics and advocate as the last and best hope of our distracted coun- try, an abandonment of old party platforms. 2 Partisan strife in Oregon is deprecated. Gaines is supported as a clever, able and patriotic American citizen. Lane is attacked for inability, hypocrisy, for his pro-slavery schemes in Congress and his demagoguery. From the first the Argus puts the temperance question to the fore and sifted the legislative candidates ac- cording to their attitude toward the passage of a prohibitive liquor law. The campaign became personal and virulent beyond descrip- tion. The Democrats attacked Gaines' Mexican War record and scorned him as a coward and lost to honor. The line of attack on Lane is suggested above. The two stumped the Ter- ritory together. In Polk county an altercation took place be- tween them at their public meeting and they came to blows. As the June election approached the Statesman went into continued hysterics in its fulminations against the Know Nothings. Bush evidently looked upon the contest as one of life and death for Oregon Democracy. The opposition was sanguine of success. 3 During these strenuous weeks the Statesman was generously adorned with such picturesque epithets as "corrupt and wicked coalition, back alley patriots, skunks, hybrid horde, impious oaths, dens of darkness, dregs of fanaticism, midnight assas- sins, heinous night monster." iPublished in Oregonian, October 21, 1854. sArgus, April 21, 1855. 3"The Whigs and Know Nothings appear confident of Old Gaines' election. God preserve us from the infliction." Bush to Deady, May 13. W. C. WOODWARD The result of the election was as memorable as the campaign which preceded it. The Democratic victory was literally over- whelming. The Oregonian for once admitted complete defeat without pleading any compensations: "The election has as- tonished everybody, the Democrats as well as the Whigs. . . . It is now a fixed fact the people of Oregon are willing to be gulled by that talismanic word, 'Democracy' "- 1 Lane's ma- jority was 2149. Gaines carried but three counties in the Ter- ritory and those by a combined majority of only 79. The politi- cal complexion of the legislature was: house, Democrats 28; Whig-K. N., 2 ; council, Democrats 7, Whig-K. N., 2, one of whom was a hold over. 2 Bush was so intoxicated with success that immediately following the election a long editorial leader appeared in the Statesman championing Gen. Joseph Lane for the presidency of the United States in 1856. 3 In commenting on the result Dryer found the real crux of the situation when he said that the so-called Democratic party was well organized and thoroughly drilled, while the Whigs were unorganized and never permitted drilling officers to gov- ern or control them on any occasion. 4 Here is the secret of the stability of the Democratic regime in the Territorial period. Hundreds of Whigs rebelled at the attempt to force them into alliance with the Know Nothings, and either remained away from the polls or voted for Lane. The Oregonian suggested that the Whigs did not understand the true principles of the American party, but added that whether the object of that organization be justifiable or not, those principles had been prostrated, and to the advantage of Lane and the Democrats. 'The time has come and now," declared Dryer, "for the Whigs in Oregon as a party, to plant themselves upon the great na- tional Whig platform ; to boldly, without deviating one jot or tittle from the true path, battle for Whig principles and doc- trines." It is significant that before the election the opposition i Oregonian, June 16. 2Statesman, June 16. ^Ibid., June 9. 4.Oregonian, June 23. POLITICAL PARTIES IN OREGON 73 county nominating conventions were with four exceptions 1 denominated as Whig. In giving the returns, however, the tickets were headed "American" with the evident desire to shift the burden of defeat from the Whigs to the Know Nothings. As regards the action of the rank and file of Democracy the Oregonian stated the fact to be on record that scarcely without an exception, every member of the American party who had formerly acted with the Democrats, voted the Democratic ticket. Thus did the Viva Voce law accomplish its perfect work. In the face of the abuse and vilification heaped upon the Know Nothing movement it took more stamina and moral courage, than can now be well imagined, for a Democrat publicly to de- clare himself as one of the proscribed "minions". To do so meant political, if not social outlawry. For Bush never forgot and never forgave. In reviewing the situation in after years, 2 he said that against this secret, oath-bound association, the Viva Voce law interposed a powerful and effective barrier ; that while the adjoining state of California, with a political senti- ment as strongly Democratic as that of Oregon, was overrun by this prescriptive order, in Oregon it totally failed, unable to endure the broad light of day into which it was forced by the viva voce method of voting. Within the two years ending with the election of 1855, we have found attempts made along three different lines to or- ganize the opposition to Oregon Democracy. The Whigs had made a fair showing in the election of 1854 but were now thoroughly demoralized through their fusion with the Know Nothings. The latter had promised to sweep the Territory but within a few short months had been utterly routed and over- thrown. The prohibitionists were cheerfully leading a forlorn hope. The Democrats, more strongly intrenched than ever, held the field undisputed. They were to continue to do so until the old issues were swallowed up in a new one, vital and all in- clusive. i The "Republican" ticket of Multnomah; the "Republican Reform" of Marion; the "American" of Washington and the "Temperance League" ticket of Clatsop. aStatesman, July 10, 1860. 74 W. C. WOODWARD CHAPTER V THE DEMOCRATIC REGIME The story of the organization of Oregon Democracy has been told its early triumphs have been recounted. These victories made it plain that the Democratic party held the political mas- tery in the new Territory. The present purpose is to make a brief study of the manner and spirit in which this authority was exercised. To review briefly, the election of Pierce in 1852, followed by the appointment of Oregon Democrats to the Territorial offices, had delighted the Durhamites. The latter now controlled all three departments of government. No cloud darkened their political horizon. But they had hardly ceased their self-con- gratulation before the sky became o'ercast. The failure of Judge Pratt, the Durham leader, to be confirmed by the Senate as Chief Justice, has been mentioned as the only discomfiture of the Democrats at this time. Geo. H. Williams was sent from Iowa to fill the position. While he was an uncompromising Democrat and had been appointed without his knowledge or consent, 1 the fact remained that he was an alien. He was hold- ing an office which rightfully belonged, from the Oregon view- point, to an Oregonian. However, while Pratt's defeat caused temporary dissatisfaction, little complaint was raised. But when after a very brief service as Associate Justice, Mat- thew P. Deady was displaced without just cause, 2 the Durham- ites began to show their teeth. Aside from the mere fact of his being an Oregon man, Deady was eminently qualified for judicial service and was very popular. As a result, the recep- tion given his successor, O. B. McFadden, of Pennsylvania, was decidedly warm, though not in the usual accepted sense. The Statesman, Nov. 22, 1853, showed in a two column edi- torial the injustice of Deady's removal and openly criticized iGeo. H. Williams, in Oregon Historical Quarterly for March, 1901, p. 2. 2The only explanation given was that Deady, whose first name was Matthew, was serving under a commission which had been made out in favor of Mordecai P. Deady. POLITICAL PARTIES IN OREGON 75 McFadden for accepting the judgeship after having arrived and having learned the circumstances. McFadden declined to take the broad hint to resign, whereupon Bush became abusive. Admitting that the interloper had been a good Democrat in the states, the vital fact remained : "In his selection no citizen of Oregon has been heard." 1 Meetings were held and letters for publication written protesting against the incumbency of Mc- Fadden. The latter, in holding the appointment and closing the way for Deady's re-instatement, was considered a political heretic and a traitor to Oregon Democracy. 2 So violent was the opposition that McFadden was transferred early in 1854 to the new Territory of Washington and Deady was re- instated. 3 It has been stated that Lane returned to Oregon from Wash- ington as governor in the spring of 1853 ; that he immediately resigned to run again for delegate, which left Secretary Qeo. L. Curry in the governor's chair. This was satisfactory to Oregon Democrats as Curry was one of themselves. But here again President Pierce interfered. The result was the arrival in December of John W. Davis of Indiana, with a commission as governor. The Democracy of the new governor could certainly not be questioned as he had represented his party in Congress, had served as Speaker of the House, and had twice been Chairman of the Democratic National Convention. But the Durhamites failed to appreciate the compliment in the ap- pointment of so distinguished a man, as Oregon's executive. To them, he was but another imported office-holder. These affronts, suffered by the Democrats at the hands of their own Administration at Washington, had come in quick succession. They were as disconcerting as they were unex- pected. But Durhamite defiance rose with fancied insults the determination was rekindled to free the people of Oregon from National tutelage. In March, 1853, the Statesman had i Statesman, December 6, 1853. 2The animosity toward Me icndence between Nesmith an aBancroft, Vol. II., p. 308. 2The animosity toward McFadden is vividly shown in the private cor- respondence between Nesmith and Deady, and Nesmith and Lane. 76 W. C. WOODWARD argued cautiously against statehood. By the end of the year the question bore a very different aspect from a Democratic viewpoint. Hence the legislature which met in December, three days after the arrival of Governor Davis, passed an act calling for a vote, at the forthcoming elec- tion, on the question of holding a constitutional convention. The cause of statehood was zealously espoused by Bush in the Statesman in the campaign of 1854. On the other hand the Oregonian as earnestly opposed it on financial grounds, and accused the Democrats of favoring a state government as a means of securing more offices. 1 The issue was lost by a majority of 869. 2 But before the result was known, Bush announced that if the question had failed he would hoist the flag "For a con- vention in 1855". "And we give the Whigs notice that we shall support this issue as a party measure." 3 Accordingly, a party issue it became. The next legislature had the presumption to pass a joint resolution calling for the appointment of a joint committee to draw up a state constitution. 4 But it receded from this radical position and passed an act like that of the previous year providing for a vote on the question of a constitutional convention. The Democratic Territorial Convention held in the following April, 1855, passed a strong resolution declaring that Oregon should assume the position of a sovereign state. A comparison of the vote on the question for the two years shows that Bush was largely successful in making statehood a Democratic issue. As a rule it was the heavily Democratic counties that gave the strongest support to a constitutional con- vention. The Whigs as a whole strongly opposed it, though one of their leaders, David Logan, supported the affirmative side of the question. This time, the majority in the negative was 413. i Oregonian, April i, April 15, 1854. 2Statesman, July n, 1854. 3lbid., June 20, 1854. 4Oregonian, January 20, 1855. POLITICAL PARTIES IN OREGON 77 Notwithstanding this defeat, at the next session of the legis- lature, that of '55-'56, the Democrats again passed an act call- ing for a vote on statehood the third in three consecutive years. Such was their over-weening zeal that instead of having the vote taken at the regular June election, a special election in April was called. Presumably, such haste was occasioned by the determination to take no chances on the opportunity of helping settle the presidential contest in November. Each year the contest became more partisan and in 1856 it was violently so, and especially on the part of the Statesman. Alonzo Leland, editor of the Democratic Standard, was not en rapport with the powers ordained and saw fit to question the advisability of statehood. Whereupon his apostacy was heralded in the States- man as the "Iscariotism of the Standard on the Convention Question." 1 In the spring of 1856 the Oregonian conducted a systematic and continuous campaign of education against the Democratic dogma of statehood. It declared that Oregon did not have population and wealth sufficient to maintain a state government, and opposed the movement as the scheme of a little coterie of politicians and would-be office holders. In 1854 the majority against a constitutional convention had been 869 ; in 1855 it had been 413. In 1856 it was 249. The imperious Durhamites were steadily nearing the goal. In the meantime a change more apparent than real, had taken place in the management and personnel of the Democratic machine. While Judge Pratt had been the nominal leader of the Durhamites, the power of Bush, as exerted through the Statesman, was steadily increasing. Naturally, considering his part in the capital fight, Bush got practically no patronage in Oregon City 2 and in the middle of the year 1853 moved the Statesman plant to the new capital. 3 With Bush and the States- i Statesman, April 22, 1856. 2"! get very little patronage in Oregon City. I will give a premium on the best essay on prejudice. But Oregon City is not all of Oregon." Bush to Deady, April 17, 1851. 3"The Statesman has been removed to Salem. It left last Sunday. Rumor says the clergymen at Oregon City gave out the hymn 'Believing, we rejoice To see the curse removed.' " Oregonian, June 18, 1853. 78 W. C. WOODWARD man as a nucleus, Salem at once became the recognized head- quarters and rendezvous of a little coterie of Democratic politicians which held Oregon in the palm of its hand. The popular, or often unpopular, designation of this junto was the "Salem Clique", or Cli-que, as called by an illiterate though pugnacious rural politician. In 1855 Judge Pratt aspired to succeed General Lane as Oregon's delegate to Congress, and made an active campaign for the nomination. A sharp struggle ensued, short, but very decisive. Behind Lane were the Salem Clique and the popular adulation; behind Pratt, a few non-machine Democrats and the Standard. The rivalry became bitter, the Standard oppos- ing Lane and the Statesman attacking Pratt with malevolence, and all to the edification of the Whigs. In the convention Lane received 53 votes, Pratt but 6. 1 The Durham leader had been effectually dethroned. The supremacy of Lane with the people was signally manifested. But behind it all was Bush, absolutely master of the situation. Lane, with the bonhomie the smooth- tongued and affable stood before the people as the successful, idolized leader. But the real dictator of the Oregon Democ- racy was the man behind the Statesman wary, inflexible, ruthless. From this time the sobriquet, "Durhamites", as de- noting the Democratic ring, gave way to that of "Salem Clique" or merely "the Clique." A complete story of the capricious, arrogant rule in Oregon under the regime of the Salem Clique would form one of the most picturesque chapters in the political history of the West. A few instances will suffice to indicate the nature of that re- gime. Governor Davis was made plainly to feel by his captious fellow Democrats, soon after his arrival in Oregon, that he was persona non grata. There was no cordiality between them. He was made the butt of ridicule by certain of the Clique noted for coarse wit and sharp tongue. 2 Though a life-long Demo- i"Pratt's sun of Austerlitz has gone down amid the gloom of Waterloo No man was ever let down so fast." Nesmith to Deady, April, 1855. ^Conversation with Hon. Geo. H. Williams. POLITICAL PARTIES IN OREGON 79 crat, the coercive, domineering attitude of his political con- freres in Oregon was a revelation to him. Plainly, he did not fit into the scheme of Oregon Democracy. The situation be- came unbearable to him, and after serving nine months, he re- signed in August, 1854. Thereupon the Democrats asked the privilege of banqueting him. He declined the honor in a public letter in which he took the occasion to suggest a few pertinent facts and to offer a little significant advice. 1 Evidently, the Democrats had insisted that he become actively partisan in the canvass for statehood, as he defended himself for not becoming so, on the ground that his position would not allow it. He told his political compatriots plainly that they should abandon per- sonal and sectional considerations and base their actions on principles. He reminded them that "our opponents are entitled to their opinions equally with ourselves" mild heresy accord- ing to Salem Clique standards. The situation was aptly summed up by Dryer in the Oregonian. 2 "Gov. Davis was a foreigner. . . . He had neither driven his team across the plains nor been to the mines. Besides, if treated decently at first he might become popular in Oregon. . . . We think he has fairly revenged himself." Every event or crisis in the Territory was viewed by the Clique at the focus of the narrowest partisanship. This is well illustrated by their attitude concerning the prosecution of the Indian war in Southern Oregon in 1855-6. During the summer of 1855 trouble had been plainly brewing in the south. Depre- dations and murders were committed by the Indians, followed by a pretty general outbreak. Gov. Curry undertook prompt and vigorous measures toward quelling the disturbance. The Clique frowned upon such undue haste and hampered the governor by attacks and bickerings. 3 Sufficient time should be taken to place the operations on a thorough Democratic basis. "Where would they lead us ?" demanded Dryer in the Oregon- iThe Oregonian, August 5, 1854. 2The Oregonian, August 5, 1854. 3"Like you, I'm disgusted with this d Injun excitement. Curry ought to be held in. D a man who has no judgment." Bush to Deady. October 22, 1855. 80 W. C. WOODWARD ian. "In any other country but Oregon this war would have a tendency to unite men in a common cause." 1 In the enrollment of volunteer companies, among the commissioned officers a few Whigs and Know Nothings had received appointments, largely as surgeons. This was the occasion of a storm of opposition headed by Bush. To think that despised Know Nothings, re- cently so thoroughly repudiated by the people, should come into position by appointment and that by a Democratic gov- ernor ! It was preposterous, incredible. 2 The Statesman went into one continued paroxysm of frenzy, equal to that which had affected it a few months previous in the anti-Know Nothing campaign. The intractable Bush did not hesitate to threaten the governor : "Mark these words : henceforth in Oregon it is the doctrine of the Democratic party that public offices of no kind shall be conferred upon members of the Know Nothing order or its sympathizers and upholders. And no man who vio- lates that doctrine will be sustained by the Democracy." A petition was gotten up and copies sent to the faithful throughout the Territory asking that as many signers as pos- sible be secured and that it be forwarded to Gov. Curry at once "by first mail if can be". The petition read : "To His Excellency: The undersigned, Democratic and anti-Know Nothing voters of Oregon, earnestly petition your excellency to cause to be displaced all members of the Know Nothing party or supporters of that party holding public station, directly or indirectly under you, and that their places be filled by compe- tent Democrats." And all this hue and cry from the mere fact that a half dozen insignificant offices were held by those other than Democrats ! It was nothing to the Clique that the appoin- tees were capable and that the need was urgent. This was apparently an issue of far greater import to them than the pro- tection of life in Southern Oregon and the success of the troops in restoring order. The Oregonian condemned in strongest terms the attempt to introduce party politics into that branch of lOregonian, November 17, 1855. 2Statesman, November 3 and November 10. POLITICAL PARTIES IN OREGON 81 the service from which it had ever been excluded by true patriotism. 1 The Argus referred to the petition as "the climax of villainy" and quoted the Democratic Standard as saying "We hesitate not to distinctly declare that we have no sympathy for and partake not in the spirit that would beget such a petition." 2 But the Clique were not to be denied their peremptory de- mands. The following session of the legislature reorganized the military department, removing from the governor the power of appointment of officers and substituting election by the legis- lature. This proved an easy solution. The offensive officers were summarily decapitated and replaced by "competent Demo- crats." 3 The war was placed on a partisan Democratic basis and the members of the Clique were appeased. To all outward appearances the utmost harmony existed at this time between Lane and the Democratic Junto who ruled Oregon. But the private correspondence of members of the latter show that as early as 1855 Lane was under the dis- pleasure of the Clique. Hailed as the "Marion of the Mexican war", the "Cincinnatus of Indiana", and heralded as a hero in the role of Indian fighter in Oregon, Lane's popularity was unbounded. 4 This popularity was political capital for the party manipulators and viewed by them as a very valuable asset. As for Lane himself, they were inclined to patronize him among themselves as a "thick skulled old humbug," 5 to be cultivated as long as he could be used, especially at Washington where his influence was recognized. In 1855 General Joel Palmer, super- intendent of Indian affairs in Oregon, was marked by the Democratic leaders for overthrow, and his removal was de- manded of Lane. In the accusations against Palmer, sent to Washington by the Legislature, it was charged that "While representing himself as a sound national Democrat, he had perfidiously joined the Know Nothings, binding himself with lOregonian, December 8, 1855. aArgus, November 10, 1855. 3See Oregonian, February 9, 1856. 4Lane had done effective service against the Southern Oregon Indians in 1851 and again in 1853. sNesmith to Deady, September 14, 1855. 82 W. C. WOODWARD oaths to that dark and hellish secret political order." 1 But General Palmer and Lane were good friends and the latter delayed the political execution. In another instance, instead of securing a certain appointment for a prominent Oregon Democrat, as requested by the Clique, Lane had an Indiana friend appointed. Such audacity was amazing and the political oligarchs gnashed their teeth in rage, among themselves. One member advised "a call of the Cli-que to throw him (Lane) overboard." 2 A temporary rapprochement was effected but it was evident that serious trouble was ahead for Lane at the hands of the restive Junto. The rule of Bush and the Clique was absolute and imperious. They laid the plans and issued the orders. It was for the rank and file to obey. And obedience must be unquestioning. If a Democrat forgot this, he must be disciplined. If he per- sisted in his temerity the wrath of the Statesman was turned upon him and he was destroyed politically. Bush, absolutely uncompromising, took offense easily and the fear of his ter- rible invective was potent in maintaining party discipline. Jas. F. Gazley, Democratic member of the legislature of '54-'55 from Douglas county, had the hardihood to oppose the Viva Voce law. Misrepresentation and vilification at the hands of Bush followed. "Little did I suspect", complained Gazley, "that while boldly vindicating principles which I ever have honestly maintained, that clouds of indignation were gather- ing so gloomily around the political horizon, too soon, alas, to burst upon my unlucky head." 3 It became the general rule of Democratic nominating con- ventions to pledge the delegates to support the candidates and to avow loyalty to them, before those candidates were nomi- nated. 4 Good Democrats never questioned such procedure. The manner in which a man obeyed orders from headquarters was the criterion of his Democracy. "Pizurrinctums" was an iQuoted by Bancroft, Vol. II., p. 399. aNesmith to Deady, September 14. 3ln Oregonian, January 13, 1855. 4john Minto in Oregon Historical Quarterly for June, 1908, p. 144. POLITICAL PARTIES IN OREGON 83 epithet which came into frequent use by Bush in the States- man in applying the party lash. It originated in Maine and was used to describe those Democrats who were not "reliable." 1 It must not be supposed that this autocratic, coercive au- thority was submitted to with universal equanimity. There was murmuring and threatened revolt from time to time, but until 1857-8 the authority of Bush was sufficient to overawe opposition. 2 An indication of the restiveness of Democrats under the lash of the Salem Clique is found in the following resolution adopted by the Lane County Democratic convention in May, 1856 : "Resolved, That we will not make any party issues on men but will stand upon principles, and we con- sider they who oppose the Democratic party because they hap- pen not to like Bush, Delazon Smith, or other members there- of, as disorganizes and enemies of Democratic principles." 3 The Washington County convention pointed out as the ele- ments of disruption in the party, first "The too dictatorial mandates of a self-constituted leadership" ; second, the too little regard for the binding effect of party measures, principles and nominations on political action. 4 Both tendencies were most severely condemned. The Clatsop County Democrats were more charitable and cheerful, extending the olive branch to their prodigal brethren with words which were unctious with forgiving grace: "We earnestly invite every Demo- crat who has been lured from his party by corrupt and designing factionists, to come up out of Babylon shake off the vile fetters which have bound him, wash his hands of corruption, abjure his fanaticism, renew his allegiance to the party, and stand forth in the bright sunshine of God, a man and a Democrat." iStatesman, April 21, 1855. 2*'They (Oregon Democrats) fear him as the fawning hound fears his master and they dare not disobey his orders. They curse him among the populace, but support and sustain him out of sheer cowardice." Oregonian, December 29, 1885. 3Statesman, May 27, 1856. 4Statesman, June 10, 1856. 84 W. C. WOODWARD From certain points of view, the absolute dominance of Democracy in Territorial Oregon is little short of amazing. It is true that Oregon looked upon such illustrious Democrats as Jefferson, Benton, Linn and Polk as having been the true friends of the great Northwest. The long hoped for territorial organization had come at the hands of a Democratic admin- istration. But the fact remained that National Democracy was unalterably opposed in theory and practice to the one great principle, to the support of which Oregon was necessarily com- mitted. And that was the principle of internal improvements by the Federal government. The new and distant Territory was practically dependent upon national aid for the further- ance of various projects which were linked inseparably with her development. Standing out above all of these, the de- mand for a Pacific railroad furnishes an excellent example. There was unanimity in the demand. With fatuous incon- sistency Oregon Democrats declared it to be the duty of the General Government to support the great project, using all means "not inconsistent with the Constitution." 1 Dryer very pertinently asked how men could oppose that which they were in favor of and support that which they opposed and be con- sistent and honest. 2 But the dilemma offered no appreciable difficulties to Oregon Democrats. They continued to swell the majorities of the party whose great distinguishing mark from the Whigs was its opposition to the policy which its Oregon members demanded. A more striking illustration could scarce- ly be found in all American politics of obdurate adherence to, and the blind infatuation of, party allegiance. In the first place, the majority of the people of Oregon had come from those western strongholds of the new, aggressive Democracy, embodied by Jackson, and when party alignment was made in Oregon this fact was emphasized. To these westerners, Democracy was one and the same, whether found in Missouri, Illinois or Oregon. And in the days when a i Report of Democratic Territorial Convention in Statesman, April 21, 1857. 2Oregonian, October 7, 1854. POLITICAL PARTIES IN OREGON 85 man's politics were largely hereditary it is not so strange that the old allegiance was maintained, especially when all the local circumstances are taken into consideration. The fact that it was the majority party further strengthened the Oregon Dem- ocracy. The desire to be on the winning side with a chance in the distribution of the loaves and fishes, caused not a few to "pick up their Democracy on the way over the Rockies." Having a good working majority to begin with, the shrewd Democratic leaders were able by various means, some of which have been indicated, to maintain it. The extreme partisanship of the Democrats made them the more easily manageable. They could be handled more effectively in party organization than could the Whigs, who were more impatient of control. 1 A clarion call for loyalty to the eternal and glorious principles of Democracy was sufficient to obscure real issues and rally the faithful against the "minions of Whiggery." First and last, "Democracy" was the paramount issue. This attitude is illustrated by the declaration of a delegate in a Democratic convention, enthusiastically received by those assembled : "The paramount duty of Democrats now is to stick together, for I never expect to see anything good come outside of the Demo- cratic party." 2 In the last resort, one is forced to return to the conclusion that the controlling force in the situation was found in the coercive influence of the Oregon Statesman and in the person- ality of its editor, Asahel Bush. The paper and the man were supplementary to each other. The result was a political power well-nigh irresistible. As the official Democratic organ of the Territory, the Statesman had a natural prestige to begin with. Its circulation was much greater than that of the Ore- gonian and Argus, which were taken largely by the same peo- ple. It went into the great majority of the Democratic homes of Oregon. And into these homes there rarely came an op- posing paper to challenge its authority, as it was counted almost i Personal conversation with Judge Williams. 2Cited by T. W. Davenport in Oregon Historical Quarterly for September, 1908, p. 229. 86 W. C. WOODWARD political heresy to give countenance to a journal of an an- tagonistic party. 1 In the days when reading material was limited, especially in isolated Oregon, the family newspaper was depended upon as the source of general enlightenment, entertainment and instruction. More or less unconsciously its readers assumed for it the standard of infallibility. This fact rendered its political dictums unquestioned and its political authority well-nigh absolute. By befogging the real issues, by denouncing the opposition, by threatening and abusing the recalcitrant, by encouraging the reliable by fulsome praise and with hopes of reward and last by a constant and adroit use of the talisman, "Democracy," the Statesman exerted a degree of political authority which at the present time can scarcely be appreciated. But while it was through the medium of the Statesman that the exercise of so great power was possible, the latter is not fully accounted for until the personality of Bush, which has already been suggested, is taken into consideration. In speak- ing of the autocratic editor, a keen, accurate observer of the political situation of that period says his talent for control was of a high order, as suited to his party and the time. A ready and trenchant writer, with an active and vigorous tempera- ment, a taste and capacity for minute inquiry, a thorough knowledge of the inclinations and idiosyncrasies of his po- litical brethren, possessed of a vinegary sort of wit, and a humor bitter or sweet according to destination, he was the most influential and feared of any man in the Territory. 2 Benevolent despotism in Oregon politics could hardly have been achieved with a mediocre man as editor of the Statesman. But given the latter, managed by a man whose dominant per- sonality, whose constructive and organizing ability were such as to be today the subject of both wonder and admiration, the Democratic regime in Oregon was made possible. i Conversation with Judge Williams and Geo. H. Himes. zDavenport, p. 244. FINANCIAL HISTORY OF OREGON VI By F. G. Young PART V 1 i The preceding installment should have been designated "Part IV" instead of "Part V." CHAPTER I TREASURY ADMINISTRATION IN OREGON The Portion of Social Income Set Aside for Public Expendi- ture Exposed to Many Perils. That portion of their several in- comes which the people, through the procedure of legislative appropriations and state tax levies pursuant thereto, divert from their own private to commonwealth uses is passed through their state treasury. Universal experience proves that only the best skill and care suffice to protect these public funds, while in transit, from waste and loss. As these moneys leave the hands of the tax-payers, or the purchasers of state lands or other property or state service; accumulate in the state treasury ; and later are delivered to those who through services performed for the state or goods delivered are entitled to re- ceive them, many risks are encountered. The losses suffered by the Oregon people through loose and unsystematic handling of their public funds will be outlined in this chapter. As wealth, is becoming more socialized and public enter- prise is expanding a larger portion, both relatively and abso- lutely, of the collective income of the people is destined to be thus handled as public funds. The problem of the safe and economic administration of these treasury funds is therefore one of ever growing importance. That our understandings of this fairly abstruse subject of treasury administration may be as clear and familiar as pos- sible, suppose we picture to ourselves the process of handling our state moneys as comprising three fairly distinct phases : ( 1 ) Converging streams of state tax receipts flowing from the different counties ; or inflows from different sections of pro- ceeds of sales of land or other property; or the influx from national treasury of five per cent of proceeds of sales of land 90 F. G. YOUNG by federal authorities within Oregon borders all pouring into the state treasury. 1 (2) The treasury as a reservoir with its accumulations of public funds the normal and economic con- dition of which involves absence of leakage and also absence of large aggregates of idle surplus moneys. (3) The legisla- ture carrying out the will of the people with its system of budgetary legislation, regulating inflow, safe-keeping and out- flows its success or failure in maintaining normal conditions with regard to each. What are the more striking developments centering in the treasury department at the state house that come into view as we attempt to visualize the course of events connected with the handling of Oregon's public funds? 1. County Delinquency and Non- Acceptance of Greenbacks. Suppose we bring into the field of vision first the money streams flowing into the state treasury as the result of annual state tax levies. The list given below of balances due from the counties at the end of the successive biennial periods indi- cate that the channels for the inflow of state tax receipts were not free from obstructions, or that the people did not always respond with alacrity in paying state taxes when due. 1862 . $5,236.26 1886 . 67,820.06 1864 25,324.73 1888 28,120.03 1866 24,280.30 1890 17,211.91 1868 28,018.30 1892 104,542.42 1870 22,283.38 1894 242,365.56 1872 14,881.16 1896 84,662.02 1874 13,646.44 1898 85,125.04 1876 26,517.95 1900 63,143.66 1878 24,681.40 1902 197,040.49 1880 15,895.69 1904 414,410.982 1882 20,613.10 1906 222,462.502 1884 64,077.38 1908 396,866. 48 2 i Receipts from national treasury include also indemnities, timber sale re- ceipts, etc. ^The large aggregate sums of these later periods are due to the fact that the reports are compiled in September, before the counties have remitted fully their receipts for the current year. FINANCIAL HISTORY OF OREGON 91 Three periods are particularly to be noted when the de- linquent balances due from the counties represent abnormally large percentages of the total state levies for their respective bienniums. In the sixties, in the nineties and again in the last decade the aggregates of unpaid taxes due from counties were conspicuously large. The unusual delinquency of the sixties arose out of the fact that several of the counties had collected state taxes in greenbacks and had tendered their quotas in this form of money to the state treasurer who had refused to re- ceive the greenbacks. Five or six counties did this, notwith- standing the requirement of the state law that "the several county treasurers shall pay to the State Treasurer the state tax, in gold and silver coin." The matter was tried out in the courts, the decisions of the circuit and supreme courts of the state being affirmed by the United States Supreme Court. The national law making United States notes a legal tender for debts was held !> have no reference to taxes imposed by state authority. The Oregon people adhered to the gold stand- ard in their business transactions during the national green- back epoch and there was naturally not a little public discus- sion as to the propriety of changing the state's laws with re- gard to money receivable for taxes so as to give the greenbacks wider circulation and thus exhibit sympathy and support for the National Government and bring Oregon more into line of loyalty to and harmony with it. 1 The large volume of delinquency in the nineties was clearly due to the hard times prevalent until near the close of this decade. Pretty clear evidences of like results from similar cause are also manifest in the middle of the eighties. In the last decade the large measure of the sums still due when the treasurers compiled their reports was owing to the fact that time had not been given for making remittances of the state taxes of the current years. The end of the period reported had been changed from December 31 to September 30. In the last few years the shares of state taxes due from two counties lOregon Statesman, May 9 and June 13, 1864. 92 F. G. YOUNG have been withheld and the payment of them delayed on the ground of the inequity claimed in the systems of state appor- tionment. Probably the most distinctive general impression received in viewing these converging streams of state tax receipts as they flow into the state treasury from year to year is the grudging spirit exhibited by the counties in meeting their obligations for the support of commonwealth activities. There was first the de- termined effort to palm off greenbacks upon the state treas- urer when the "greenbacking" of a private creditor was count- ed an outrage for which the offender was deserving of and frequently received a sound drubbing. One county was per- sistent enough with its delinquency as to secure the advantage of the statute of limitations on a snug amount of the state taxes it had failed to pay. 1 From the beginning to the end almost of this half-century a race in under-valuation had been imposed upon the different county assessors as the apportion- ment of the shares of state taxes due from the different coun- ties was based upon their respective valuations returned. In 1908 one county fought and secured the annullment of the county expenditures rule of apportionment on the ground of unconstitutionality. The inspiring motive, however, was the desire to lower its share of the burden of state taxes. More recently still another county is holding back its quota on a similar complaint. The second main class of treasury-funds inflow in Oregon's past has been the receipts from the sales of state lands. Strange things are revealed as these streams of money are brought into focus. It is to be remembered that we are not here con- cerned with the nature of the state's policy in the disposition of its domain. We are intent only on what happens in the handling of the proceeds of the sales, however adequate or inadequate they may have been. The condition we are first struck with is the fact that while school and university lands were being sold virtually no funds reach the state treasury. i State Treasurer's Report, 1895, pp. 243-4. FINANCIAL HISTORY OF OREGON 93 They were by law turned into the county treasuries and loaned from these. The county treasurers of course drew a fee from them for their trouble. 1 No accounting by the county treas- urers for these funds was enforced, so the Board of Land Com- missioners in 1868, when charge of these funds was resumed by the state, had to report: "In some of the counties it (the school fund) had been well and carefully managed, and had constantly accumulated, while in others it had been much neglected, and as a consequence losses had occurred; in some cases, notes had outlawed; in others, they were insufficiently secured, and parties giving notes had changed their residence for parts unknown, while in all, indulgence in the payment of interest had been given, and months, and in some cases, years had passed without its collection/' 2 Even after the state administrative officials were definitely made the custodians in 1868 of these funds accumulated from the proceeds of sales of lands in the different grants the moneys were subject to many vicissitudes of peril before being safely credited to appropriate funds in the state treasury. The legis- lative "Investigating Commission" reporting in November, 1871, says of the "Board of School Land Commissioners" hav- ing charge of the whole matter of state land sales : "No proper books were kept, not even those actually required by law." . . . "On the flimsy pretense that there was not clerical aid in the office sufficient to transact the business, the Board, as a Board, generally refused to receive payments upon lands, though it is on record that some of the members were some- what more yielding [referring to the peculations of the Sec- retary of State that will be mentioned later] and did a little business of that sort on their own individual account." Some sixteen hundred different applications for the purchase of state lands were made to this administration between 1868 and 1870. The representative of the Board refused to receive money from the applicants, so these generally took possession iGeneral Laws, 1858, pp. 43-5. aReport of Board of Commissioners, 1868, p. 36. 94 F. G. YOUNG and had the use of the lands free, until later, when the pur- chase-money was demanded when they could and did quite fre- quently vacate. 1 This same investigation of 1870-1 disclosed four instances in which the purchase-money for lands had been sent to the Secretary of State, S. E. May, ex-officio member of the Board of School Land Commissioners, and he had "converted the same to his own use and did not account therefor to the Board." The sums embezzled aggregated $652.50. When the stream of inflow of land-sales money did get under way toward the state treasury in 1870 the conditions affecting it are still interesting though outrageous. The Legislative "Committee of Investigation" of 1878 brings out facts that exhibit the administrations from 1870 to 1878 holding high car- nival with these moneys. Thirty-six thousand six hundred forty-four dollars and nine cents were paid for clerical serv- ices during this period in this department of the state's affairs. Almost all of this sum went to men who were receiving sep- arate salaries as either private secretary to the governor or as assistant state treasurer. This sum the Committee of Investi- gation holds was a "disgraceful waste," for of the records of the state's land business it says : "If the purpose had been to con- ceal under the pretense of exhibiting the real transactions of the land department, they could not have succeeded better." The raiding of the public interest is still further exhibited. The swamp land account, for instance, up to 1878 amounted to $42,989.34, of which "$20,736.35 had been paid to the Treasurer and $22,252.99 paid out for expenses and returned to purchasers." A case is cited where a man is paid $1,604 as attorney fees for defending the state's claim to a tract which constituted a portion of the land that this same man was under contract to pay the state $800 for. 2 Much of the loss to which this inflow of funds was subjected occurred in connection with dealings in direct violation of the i Report of the Investigating Commission, 1872, pp. 134-140. zReport of the Committee of Investigation, 1878, pp. 6-18. FINANCIAL HISTORY OF OREGON 95 constitution and the law prescribing that no disbursement of public funds should take place except in pursuance of ap- propriations made by law. The situation with respect to the receipt of the land sale funds that was probably most discreditable of all existed down in the later nineties and earlier years of the present century. We see half the money of intending purchasers regularly turned into the pockets of the private broker right in the state's own office. This was the payment for the service of finding "base" for lieu land selections, a function that should have been performed by the state which alone possessed the necessary data. And again an embezzlement of funds occurs, this time by a subordinate official in charge. Another fails so completely in keeping records that no statement is possible of the state's claims against tenants on farms reverted to it, nor is the ac- count of the official with the state ascertainable. Evidence seems overwhelming that the happenings to these land-sale moneys on their way to the state treasury were the natural and inevitable result of the same vitiating spirit that characterized the general land policy of the state at its worst. No comprehension of the public good represented in these re- sources existed, no imagination sufficed to see and set forth the realities for the public welfare that were being sacrificed. Turning now to another source of treasury receipts, those coming from the national treasury, we are greeted with the revolting spectacle of the same Secretary of State, S. E. May, laying his hands on remittances of the five per cent proceeds of sales by the United States within the borders of Oregon. Five thousand four hundred and twenty-four dollars and twen- ty-five cents of these funds were appropriated by Mr. May to his own use in the later sixties. 1 The only other noteworthy circumstance relating to the inflow of funds from the national government is the failure so far of the state to secure reim- bursement for expenditures by it during Civil War times to ward off depredations by the Indians. i Report of the Investigating Commission, 1872, pp. 115-7. 96 F. G. YOUNG 2. Having glanced at some of the more significant hap- penings to public funds as they were being passed on into the state treasury we are now ready to direct our attention to the accumulated surpluses and balances in possession of the state treasurers and to note conditions with regard to them affecting the weal or woe of the Oregon people. An economic management of this part of the commonwealth business would arrange to have always a small surplus in reser- voir, as it were, to which inflows were adding and from which outflows in payments were taking place and no leakage or diversion of funds occurring. It will be remembered that the inflows were turned into three quite distinct reservoirs : One containing the general fund from the state tax levies ; one the "trust funds," proceeds from the sales of certain lands ; and the third the "land funds" accumulated out of other grants and of national land-sale funds turned over to the state. The general fund was drawn upon for all purposes ; the trust funds, like the common school, the university and the agricultural college land funds, were to be irreducible, the principal being loaned and only the interest accruing used; the land funds were for application in works of internal improvement. What degree of economy has been exhibited in the admin- istration of Oregon's treasury accumulations? With regard to the general fund, normal conditions call for the maintenance of such an approximation to a balance between the revenues and disbursements, from year to year, that no large surplus of idle funds accumulates and that no deficit occurs involving embarrassment and the loss of the interest paid on warrants. Furthermore, the moneys representing the "balances on hand" should function normally as part of the general circulating medium or reserves, and earn interest for the people, through being entrusted with appropriate safeguards to banking de- positaries. The more serious lapses from normal conditions of the gen- eral fund administration of the Oregon state treasury are represented in the following: FINANCIAL HISTORY OF OREGON 97 (1) Huge accumulations of 1868-1870 and of 1897-1899, due to the failures of the legislative assemblies of these periods to make appropriations, though the revenues are collected as usual. (2) Long continued deficits in the seventies, caused mainly through expenditures for public buildings while an old fixed rate of state levy sufficing only for current expenses was not increased. (3) A treasury law that nominally enjoined the hoarding of the state funds at the capitol but under which the treasurers regularly loaned them and pocketed the interest income. More- over, the individual claimants to whom bonds were issued, the holders of warrants during the bienniums for which no ap- propriations had been made, and the holders of warrants against anticipated land-sales funds these would all have oc- casion to offer their paper at tempting bargains to those in charge of the surplus state funds. The profits to the treasurers would be the discount at which the claims were cashed plus the interest accruing on the bonds and warrants. The Congested Treasuries of 1868-1870 and 1896-1898. The legislative assembly of 1868 adjourned without passing the gen- eral appropriation bill. No special session was called. The annual state tax levies were continued, so during the two years up to the meeting of the legislature in regular biennial session in 1870 the state treasury became more and more con- gested. The regular state government establishment had of course to be maintained. The claims were audited by the secretary of state and warrants issued, but as the state treas- urer had no authority through appropriations made to cash these warrants they bore interest at ten per cent until pay- ment of them was ordered by the session of 1870. Since those furnishing services and supplies during these two years had to accept these dubious warrants and wait for legislative valida- tion of them their charges were naturally raised accordingly. The legislative assembly of 1870, however, appointed an in- vestigating commission to reaudit the claims upon which these 98 F. G. YOUNG warrants were based. This commission in its report holds that it cut down all such bills to cash prices. It took the view that it was enough for the state to pay interest at ten per cent "without any such extraordinary increase of prices" as had been charged. Yet Governor Grover in 1876 speaks of the warrant indebtedness then existing as "greatly increased by the failure of the legislature of 1868 to make any appropria- tions for general current state expenses, leaving the state to be conducted on exorbitant and uncertain vouchers and un- lawful warrants, and interest to accumulate in large amounts, while the revenues in the treasury were locked up and dor- mant." 1 The state treasurer's report for 1870 gives the fol- lowing figures for the locked up funds in the treasury : Receipts during the fiscal years of 1869 and 1870, including former balances reported to the legisla- tive assembly $404,530.28 Disbursements during this period 136,590.80 Leaving a balance in the treasury of $267,939.48 An even greater congestion of treasury funds was brought about again in 1897 and 1898. The legislative assembly that was to have met in January, 1897, failed to effect an organ- ization. Enough of the members elect lent themselves to the machinations of the adherents to the candidates contesting for election to the United States Senate as to bring about this "legislative hold-up." A special session was not called until October, 1898. In the interim some $729,000 of outstanding warrants were accumulated. The interest paid by the state on these amounted to about $45, 000. 2 As the law then stood this interest was easily turned into the pocket of the state treasurer. He had the funds lying idle in the treasury with i Messages and Documents, 1876, p. 12. The State Supreme Court in 1871, held that it was illegal for Secretary of State to issue warrants to claimants under such conditions without appropriations. In 1897, however, this opinion was re- versed and the Secretary of State was ordered to audit claims and draw warrants for all claims which "the Legislature has through its enactments permitted and directed, either expressly or impliedly." Brown v. Fleischner, 4 Or. 132; Shat- tuck v. Kincaid, 31 Or. 379. 2State Treasurer's Report, 1899, p. 3. FINANCIAL HISTORY OF OREGON 99 which he could cash this three-quarters-of-a-million of war- rants. The interest then accruing on them would be his own. He did not have to account to the state for it. His only risk turned upon the validation of these warrants by the succeeding session of the legislature. Such a grand opportunity for mutual advantage, for the warrant holders on the one side and the state treasurer on the other, would surely not be overlooked. Notwithstanding this striking demonstration of the diversion of interest earned by public funds because of the retention of a primitive treasury law, another decade was to elapse before legislation was enacted providing that the interest accruing on treasury surpluses should belong to the people. The Outstanding Warrants of the Seventies. The follow- ing statistics of the outstanding warrants reported by the state treasurers during the seventies are significant of further blun- dering, if of not something worse, in Oregon treasury legis- lation : Outstanding Warrants, Bearing Ten Per Cent Interest. 1872 $ 76,883.69 1878 192,975.62 1874 287,559.00 1880 ;. 20,337.76 1876 289,665.01 The sum reported in 1872 was mainly a residue of the un- paid indebtedness of the period preceding, 1868-1870. The deficits of subsequent periods were due to special expenditures for public buildings without any increase in the levy for state purposes. In 1876 the state supreme court ruled that the general revenues of any biennial period could be applied only in meet- ing the expenses of that biennial and the deficit of the pre- ceding period. This made it necessary to make a special levy for liquidating the accounts of longer standing represented by this outstanding warrant indebtedness. Accordingly, a special levy of three mills was made for the payment of these old warrants in addition to the regular four-mill levy for current expenses. This special three-mill levy was extended through four years, 1877-1880, inclusive. 1 iMessages and Documents, 1876, pp. 11-12; Simon v. Brown, 6 Or. 285. It was probably fortunate that a constitutional restriction prevented the funding of this floating indebtedness. The ten per cent interest which these warrants bore from the date of indorsement, "not paid for want of funds," increased by one-half the disbursement necessary to pay these deficits.

The Public Treasury a Private Snap for Half-a-Century.—The law governing the state treasury administration received only the slightest modification from the time of its enactment at the organization of the state government in 1859 until 1907. "The state treasurer shall keep his office at the seat of government" is the initial provision of this treasury code and it is representative of the ideas embodied in the law as a whole. Hoarding of the state money is made synonymous with its safe-keeping. There was a law on the pages of the statute books that made the loaning, with or without interest, of any public money "larceny." There was no anticipation that the business of the state would expand beyond the capacity of the leather purse of the treasurer.

Even after a treasury surplus had amounted to some $300,000 it did not occur to the "Investigating Commission" of 1870 that the withdrawal of such a sum from the channels of trade in the then isolated and primitive Oregon meant monetary stringency and business embarrassment. This body held that the treasurer who had been found guilty of "depositing" some $200,000 of this surplus with the strongest banks of the state should be punished for "felony." The statute forbidding the loaning of state funds by the treasurer was already a dead letter.^[8] Yet when it became an open secret that the state treasurers were gaining rich swags from this source no sense of public right inspired anyone to move for securing the interest thus earned to the tax-payers who had furnished the principal.

When a system of depositories was provided in 1907 speculating schemers were still loth to relinquish the idea of using the treasurer, who was probably beholden to them for election expenses, as a tool in securing control of surplus state funds for private gain.^[9]

An interesting episode in the history of the financing of the state treasurer's office took place in the early seventies. The state constitution had fixed the treasurer's salary at eight hundred dollars and had provided further that there should be no "fees or perquisites whatever for the performance of any duties connected" with any of the state offices. At the first session of the state legislature "the act to regulate the Treasury Department" provided "a private secretary" for the governor and an assistant to the secretary of state, allowing each a salary of four hundred dollars. The state treasurer was left without aid until 1870, when the office of "Assistant Treasurer of State" was created. The "joker" in this measure is found in the provision for the compensation for the services of this assistant treasurer. For this purpose the state treasurer was to have one-half per cent of all moneys received and one-half per cent "of all disbursements made by him." As the treasurer had the power of appointing his assistant it is natural to suppose that he would see to it that the difference between his own salary of $800 and the compensation provided for his clerk would be "equitably adjusted." This means of drawing compensation from the public funds was cut off through the repeal of the law providing for the "Assistant Treasurer of State" in 1874.^[10] More surreptitious devices had again to be resorted to that the office of the state treasurer might yield a respectable income.

Oregon's State Auditing—The Plan and How It Has Worked.—The features in simplest form of a state Auditing system that might be fairly effective in conserving public funds would include: (1) Adequate provision for enforcing the turning into the state treasury of all receipts of state money from whatsoever source—taxes, sale of public property, payments for services. (2) An agency, responsible, competent and disinterested, requiring closely itemized vouchers for all claims and limiting disbursements to those authorized by law, so that no money leaves the treasury except to whom it is due.

That conditions of fiscal safety require the turning of all receipts into the state treasury has never been keenly realized in Oregon, nor until very recently strictly adhered to. Mention has already been made of the embezzlements by Secretary of State S. E. May, in the later sixties. But he not only appropriated the remittances from Washington of the five per cent proceeds from the sales of government land in Oregon and receipts from the sales of state lands, but he took also receipts from sales of state publications and moneys sent to support patients at the state asylum.^[11] It was pointed out also how the Board of School Land Commissioners during the seventies spent a large share of the receipts from the land sales without authority of law and with practically no returns to the state.

The traditional administration of Oregon's state institutions has left much to be desired. It has never been standardized. Such men of talent, system and conscience as have been connected with them have had to work under such deterring handicaps that they failed to elevate conditions to a higher plane. The report of the Investigating Commission of 1870 goes into details of slipshod practices and petty grafting. These institutions have been in the care of a board composed of the governor, secretary of state and state treasurer. These officials until a few years ago were themselves the beneficiaries of a system of fees and perquisites that, to say the least, if not unconstitutional, was unwarranted under the constitution—and then, too, fee systems are inevitably abused. With the supervisory board in such position there was not fostered in it the spirit of strict surveillance over the policies and practices of its appointees. The foundations of not a few fortunes FINANCIAL HISTORY OF OREGON 103 have been laid through practices, shrewd and legal of course, but amounting essentially to a swindling of the public and impositions upon their charges. As recent as 1905 the secre- tary of state was still pleading for the legal requirement of the payment of all proceeds from sale of public property into the state treasury for the credit of the general fund and for annual itemized reports covering the same. The secretary of state has from the beginning had the re- sponsibility of auditing claims against the state. His has been the duty of seeing that no payment is made except it is pro- vided for by law. However, the requirement of itemized vouch- ers through which this result could be insured was not in all cases enforced until 1895. Requisitions of governing boards were honored without vouchers. H. R. Kincaid as secretary of state, instituted this reform, holding that without the item- ized voucher there was not strict compliance with a fair con- struction of the law. The best service as auditor and some of the other duties required of the Oregon secretary of state do not harmonize. As a member of various commissions and boards having charge of the principal state institutions, excepting the penitentiary, he is required to enter into large contracts for the construc- tion of public buildings and the purchase of supplies for pub- lic institutions, while as auditor he audits the claims against the state for contracts and supplies he has a voice in author- izing. He is charged with the sole duty of purchasing and authorizing all supplies for the several departments, capitol building and grounds, purchasing legislative supplies, and is also custodian of the capitol building and grounds. As au- ditor, it is his duty to audit and issue warrants in payment of claims incurred by his sole authority. If the function of auditing claims against the state is to be the distinctive re- sponsibility of the secretary of state he should be relieved of his duties as a member of the various administrative boards and of his stewardship of the capitol and the activities within its walls and on the capitol grounds. Supervising care of the 104 F. G. YOUNG state's institutions of charity and correction is becoming a task of such proportions as to justify the creation of a state board of control. The organization of the system of control now in operation lacks, in a wide range of its affairs, the essential principle of check and supervision of one official over another. The auditing of the account between the state treasurer and the state is also imposed upon the secretary of state. He is "to carefully examine semi-annually the books and accounts of the treasurer and the moneys on hand in the treasury, and immediately thereupon report the result of such examination in writing to the governor, specifying therein the amount and kinds of funds particularly." And further, "he shall keep an account between the state and the treasurer, and therein charge the treasurer with the balance in the treasury when he came into office, and with all moneys received by him, credit him with all moneys paid by him pursuant to law." To make the semi-annual examination of "the books and accounts of the treasurer" effective he must necessarily use his own "account between the state and the treasurer" with which to check up the treasurer's accounts. The confession n the secretary of state's report for 1901 is that up to that time the disbursement account of the treasurer had been obtained in the form of "a verbal statement of the disbursements from the various funds." 1 The secretary's report for 1872 had been particularly frank about this requirement made of the secretary of state "to keep an account between the state and the state treasurer." He held that it was "utterly impossible, unless the secretary copies the treasurer's books if the secretary were a good copyist the accounts of the two officials could be made to agree admirably; but I am unable to see what good purpose would be served by it. I take the liberty, therefore, to ask that the provision of the law under consideration be repealed. Let the secretary of state keep his own books accurately, and no others." The above statement, made in 1872, also claimed that "payments of interest on loans are constantly being made i Report of Secretary of State, 1901, pp. 49-51. FINANCIAL HISTORY OF OREGON 105 to the treasurer of which the secretary knows nothing; and, on the other hand, the treasurer is just as constantly paying out interest on warrants, etc., of which the secretary is equal- ly ignorant." 1 When this matter of the account between the treasurer and the state was referred to again, nearly thirty years later, there was no complaint regarding the receipt side of the account. The requirement of the secretary of state that he countersign the official receipt sufficed for getting a record of all of the treasurer's receipts. But evidently for more than forty years this account between the treasurer and the state was a mere farce, for the secretary of state had no means of obtaining a record of the treasurer's payments. Secre- Secretary Dunbar in securing the filing of all warrants as soon as paid and the keeping of a warrant account remedied this defect. 2 Trust Fund Administration. The treasury administration of trust funds involves activities quite distinct from those need- ed for the care of the general fund. Collection, safe-keeping and disbursement are the stages in the process of handling the moneys in the general fund. But the accumulations of the irreducible trust funds are to be loaned, collected and re- loaned, the interest income only being disbursed. There is, however, a still deeper basis for the contrasts exhibited between the administrative history of the trust funds and that of the general fund. These arise out of the fact of difference of source and of the use of these two classes of funds. The moneys of the trust funds are not taken out of the pockets of tax-payers as such, but are given in exchange for lands that were gifts to the state by the national government. Further- more, the trust funds are not applied to meet exigent needs of preserving order, protecting rights of persons and prop- erty, establishing justice and promoting material welfare, but only the income of these funds is available for advancing the intelligence of the rising generation. Because the trust fund i Secretary of State's Report, 1872, pp. IX-X. sSecretary of State's Report, 1901, pp. 49-51. 106 * F. G. YOUNG moneys are thus the same as found and are used for needs less universally and less keenly felt, the vigilance and the con- science applied in the care of them are more yielding. Losses to them have occurred in divers ways, mainly through poorly secured loans; while these were deplored, nobody was held accountable to restore the sums that had vanished. The amounts of cash in the treasury belonging to the dif- ferent trust funds are regularly reported, also the securities belonging to these funds ; but no accumulation account is offered. No emphasis is put on the limits reached year by year by these accumulating irreducible funds. In the discussion of the sale of Oregon's lands it was re- counted how, through shameless policies in the disposition of the indemnity school lands, the possibility of securing a magnificent endowment for the common schools was sacri- ficed. We are here concerned only with indicating 'the spirit with which the comparatively meagre proceeds have been ad- ministered. Statements characterizing conditions in which these funds were found at three successive periods must suf- fice. The Investigating Commission of 1870 charged the Board of School Land Commissioners of the preceding period with loaning the common school and university funds on inadequate security; and with neglect to enforce prompt payment of the interest on these school and university fund notes. The testi- mony of the clerk of the board then in charge was that he had learned through inquiries sent to the treasurers of the different counties "that in some counties, for instance, Benton and Yamhill, large sums had been loaned from the funds men- tioned, which the state was likely to lose, owing to inadequate security." In one county the loss was estimated to amount to one-half of the funds loaned. In several counties the notes had been allowed to run a long time, and the interest had been permitted to accumulate without any payments being made. The language of the report of the Committee of Investiga- tion of 1878 in characterizing the administration of the eduFINANCIAL HISTORY OF OREGON 107 cational funds during the preceding eight years is particularly severe : "It is the opinion of the committee that the school fund, as it appears in the report of the board is not worth fifty cents on the dollar. "That this magnificent educational fund has been depleted about one-half by criminal carelessness and wilful neglect of duty, within the past eight years, is beyond question. While the members of the board may not be subject to a criminal prosecution, yet, in righteous indignation an outraged people should remember it against them." 1 The insolvency developed by the hard times of the nineties might be expected to exhibit itself in connection with the school fund loans. The governor's message for 1897 in speak- ing of the "loans of the school fund" has the following : "In connection with the state lands, it needs to be men- tioned that loans of the school funds, in many instances, owing to the hard times and over-valuation of the land, have proven bad investments and entailed losses upon the school fund. In many of these loans the borrowers have defaulted in payment of interest, arid the state has been compelled to take the se- curity and to pay the cost of foreclosure. These judgments represent, in addition to the principal loaned and the costs of suit, a large accumulation of interest. . . . Another source of loss and annoyance is the sale of land for taxes two or three years overdue, without notice to the board, thus entailing fur- ther expenses in redeeming them." 2 Experience like this last exhibits a strange lack of co-ordination of effort among some of Oregon's public servants. The governor's message of 1903 reports 162 farms on hand on January first, 1901, acquired through foreclosure of mort- gages given to secure school fund loans. Thirty-eight were acquired during the biennium and eighty-one sold, leaving seventy-three owned by the state at the time of the report. In i Report of the Committee of Investigation, 1878, pp. 26-7. sGovernor's message, 1897, P- 18. 108 F. G. YOUNG 1905 the report to the legislative committee to investigate the books and accounts of the state land agent the expert clerks say: "We are unable to find a starting point from which to begin to check the accounts between the present time and April 1st, 1899. (The time at which the farms were turned over to the State Land Agent). "It is our opinion that a system of bookkeeping should be maintained in the office of the State Land Agent that would show the system upon which the busi- ness is handled, and the results, whether good or bad, in rela- tion to the school fund. Up to date there seems to have been no attempt to keep such a set of books." 1 The rising school fund was a favorite subject of notice by Oregon governors. They seem to have been content, how- ever, so long as the inflow at the top was in excess of the leak- age at the bottom. An ex-governor in his statement before the same investigating committe of 1905 attributes the con- fusion then existing in the state's land business to "the very imperfect manner in which the records of the Land Office of this state have been kept for thirty years." The administration of the school fund tested with regard to its being kept loaned and producing an income makes a fairly good showing. Until the early years of the present century the idle balances of cash on hand were due to ex- cessively high rate of interest prescribed to the board in charge of the fund. In 1903, however, the unloaned balance amounted to nearly one-third of the whole fund, and there was no mal- adjustment in rate of interest prescribed to necessitate such a condition. Land Funds Administration. The proceeds from the sales of the internal improvement grant of 500,000 acres, of the swamp land grant, of the tide lands, and the five per cent of the proceeds of sales by the national government of lands within Oregon, comprised the moneys going into the land funds. These were like the trust funds in that they were easily ac- i Report of Committee to Investigate Books and Accounts of State Land Agent, 1905, pp. FINANCIAL HISTORY OF OREGON 109 quired, but unlike those funds in that the principal and not the interest income alone from them was available for disburse- ments. They were not "irreducible." The land funds, or the very prospect of funds from the state grants, were enough to engage the plotting of those facile in beguiling legislatures to subsidize plausible schemes for internal improvement from which the schemers alone would reap the harvests. From 1876 on a conspicuous item in the financial statements of Oregon is that of outstanding warrants payable from different land funds as proceeds of land sales be- came available. The accumulation of these funds was anticipated and, as the astounding size of the element of accrued interest in connection with the outstanding warrant liabilities indicate, the appropriations fo,r the internal improvement schemes had been made years in advance of the realization of the moneys from land sales. Yea, transfers had even to be made from the general fund account to effect the final liquidation of these liabilities. The following statistics of outstanding land fund warrants tell pretty plainly their own story : 1876 "Outstanding Wagon Road Warrants, pay- able out of Swamp, Tide, Overflowed, 5 per cent U. S. Land Sale Funds and other Funds" $109,154.00 1878 "Wagon Road Warrants, payable out of Swamp, Overflowed, Tide, 5 per cent U. S. Land Sale, and other Land Funds" 138,600.00 1880 "Wagon Road Warrants, payable out of Swamp, Overflowed, Tide, 5 per cent U. S. Land Sale and other Land Funds" 134,304.00 1882 "Wagon Road Warrants, payable out of Swamp, Overflowed, Tide, 5 per cent U. S. Land Sale and other Land Funds" 116,876.05 1884 "Wagon Road Warrants, payable out of Swamp, Overflowed, Tide, 5 per cent U. S. Land and other Land Funds" 83,859.45 110 F. G. YOUNG 1886 "Wagon Road Warrants, payable out of Swamp, Overflowed, Tide, 5 per cent U. S. Land Sale and other Land Funds" 33,500.00 1888 "Wagon Road Warrants, payable out of Swamp, Overflowed, Tide, 5 per cent U. S. Land Sale and other Land Funds" 15,500.00 Wagon Road Warrants, accrued interest to Jan- uary 1, 1889 18,695.57 All of the above listed warrants bore ten per cent interest. 1890 Warrants bearing 8 per cent interest "Swamp Land Warrants, payable out of the Swamp Land Fund, Principal" $20,205.96 Accrued interest to January 1, 1889 6,359.87 From 1892 until 1898, inclusive, this outstanding warrants account stood as the nominal sum of . . . 669.95 But the 1900 report has an "Outstanding Swamp Land Fund Warrants Account" caused by state's selling as swamp lands tracts to which it was not able to give the purchasers title and so repaid them with these warrants : 8 per cent interest warrants 30,925.38 6 per cent interest warrants 5,994.50 Had the projects promoted by this peculiar financiering been well-advised, securing the construction of greatly needed public works, and had the outlays been applied economically and efficiently, the policy of the state with its land funds might have been justified. But almost without exception the schemes were pure frauds and the moneys obtained from the lands were the same as thrown away. The verdict is justified that pronounces the internal improvement land grants to Oregon a curse to the state. CHAPTER II BUDGETARY PRACTICE IN OREGON Until the system of direct legislation was instituted in Ore- gon a few years ago its legislative assembly, acting upon sug- gestions from the governor and the secretary of state, had full and final control of its budgetary activities. The bringing of the legislative authority here so near to the doom of a taboo is due most of all to its budgetary failings. It should be interest- ing to note how this repudiation of the legislature on account of budgetary abuses came about. That any representative law-making body may make regular and consistent progress in this most important part of its work conditions must obtain that foster the exercise of its best in- telligence and call forth highest motives. The development of budgetary procedure, more and more nearly rational and adapted to conditions existing, calls for presentation of a clear and orderly scheme of revenues and expenditures, a careful study of it by a select group, and an open and full discussion before the legislative body as a whole. Peculiar untoward and heretofore unalterable influences in Oregon have barred the way to the introduction of these requisites for the im- provement of its budgetary practice. The confirmed attitude of the average Oregon voter from the beginning has dis- couraged a calm and reasonable handling of the budget by the legislature. The only good budget in his judgment was one with the most parsimonious public expenditures or at least which he could be hoodwinked into believing was parsi- monious. Retrenchment was the only laudable public service. The constitutionally fixed salaries, including those of the legis- lators, express a perverted sense of worthlessness of public service. These beggarly sums still stand intact in the text of the constitution and virtually exclude the idea that the government can be anything but a necessary evil. This dis- paraging valuation of the public servants tended to blind the 112 F. G. YOUNG people and the officials themselves to an appreciation of the possible worth of public service. This bias of the Oregon people has proven ineradicable. Time and time again the Oregon voters have evinced it. A fair interpretation of the repeated negative votes on proposals to give officials reasonable compensation, of the long tolera- tion of the vicious system of fees and perquisites, of the ap- propriation by the state treasurers of the interest on the public funds, gives the strongest ground for the inference that the average Oregon voter has preferred that his public servants should steal rather than legitimately receive a fair compen- sation. Another form in which this delusion that all public ex- penditures were so much unproductive consumption exhibited itself was the dread of a legislative session. Contemporary expressions of the public press prove most forcibly that legis- latures in session were veritable bete noires. They meant public expenditures for which taxes would be levied. And it is fair to say for the average citizen that for him this, in truth, was about all there was to it. With this aversion to the very idea of public expenditures, amounting to an obsession, the people created what they felt, or were led to believe, would give them the highest degree of immunity from public outlays. This series of supposed safe- guards against the expansion of public expenditures, through which they believed their grip on the public purse strings would be effective, were first, a virtually fixed rate of state levies down to 1885. When this device proved its frailty for this purpose, and they had to let go of it, systematic and increasing under- valuation of their property for taxation was relied upon to defeat the aim of higher state levies to secure larger state revenues. But all was in vain. The professional office-seeker, the despoiler of the public treasury and of the public heritage easily executed flank movements that defeated the purpose of the people with their supposed safeguards. Systems of fees and perquisites were created, imperial areas of public FINANCIAL HISTORY OF OREGON 113 domain were secured for a song- as "swamp" lands, hundreds of thousands of dollars of land funds were grabbed under the guise of "wagon road grants." The attitude of the Oregon people blindly staking their se- curity against public expenditures upon starvation salaries for public officials, fixed state levies, and low assessors' valuations, only fostered finesse and subterfuge among the professional office-seeker, and the grafting lobbyist. How completely the people delivered themselves into the hands of the public de- spoiler is exhibited in the main feature of Oregon's budgetary procedure in use from 1885 on. For the fixed levy was sub- stituted an adjustable rate determined by a board consisting of the governor, secretary of state and state treasurer. This board, after a legislative assembly has adjourned, simply adds up the expenditures authorized through appropriations made and, with valuations in hand returned by the county clerks, com- putes rate necessary to meet liabilities of the state. The legisla- ture is thus absolutely free from worry as to how its appropria- tions are to be met. Only the watch-dog proclivities of in- dividual members stand in the way of the forty-day sessions being converted into more or less of an orgy of log-rolling. Even before 1885, while a traditional fixed levy was adhered to deficiencies were caused compelling the raising of the con- tinuing levy a notch or two. Of course the average legislator has been a representative man, anxious to serve his constituents. As a member of the committee of ways and means he is alert to use his best judg- ment. But he is at a tremendous disadvantage. The secre- tary of state's table of estimates is too general to be of any practical use. It is unsupported by any explanations. The average member is generally an utter stranger to the state establishment of institutions. No traditional mode of pro- cedure with which he can learn real needs to be provided from public treasury is available. No competent and authorized and generally responsible guide is at hand. He is at sea and remains so during the crowded session while beseiged by the 114 F. G. YOUNG heads of the various institutions urging largely increased ap- propriations, and by other agencies clamoring for state aid. This predicament of the members of the legislatures, ac- centuated as the affairs of the state are year by year attaining increasing complexity, was realized by the legislative as- sembly of 1909 and it provided a joint hold-over committee to prepare a budget for the institutions at the capital, or at least a report as the result of its investigations to be made the basis for a budget. Such a body using a few days just preceding the next session for its work would not find the way out to a satisfactory budgetary procedure. The most promising suggestion for Oregon is a State Board of Finance consisting of the governor, secretary of state and state treas- urer. These have positions on all the different boards of control of the different state institutions. They also consti- tute a majority of the state tax commission. To these the reports of all heads of institutions should be made. With these alone the legislative committees of ways and means should confer. The governor should have power of partial veto of appropriation bills. With authority and responsibility centralized in those who are in position to become acquainted witn the needs supplied from the state treasury, and with the right of hearings before the committees of ways and means and before the two houses accorded the members of this board of finance, the two houses of the legislature with suitable par- liamentary procedure in the discussion and passage of the budget, should be able to carry out the will of the people. J. NEILSON BARRY 115 LETTER IDENTIFYING THE "FOUNTAIN" ON POWDER RIVER, AT WHICH MR. OGDEN CAMPED IN SETTING OUT ON EXPEDITION 1828-1829 Baker, Ore., June 15, 1911. F. G. Young, Esq., Eugene, Ore. Dear Mr. Young: In the Quarterly just received, p. 382, December number, is a note inquiring for the locality of "The Fountain" where Mr. Ogden camped September 30th, 1828. I think that this was the "Cold Spring" on the farm of Mr. D. H. Shaw, known as "The Cold Spring Ranch," on the Powder River, six miles due south of Baker City, at the junction of Beaver Creek. Mr. Ogden probably camped on the night of September 29th on the Powder River between Baker and Haines the fact that he only made about 12 miles the next day could be accounted for by the fact that there is a beautiful little valley at that point with abundant grass for horses, and evidently he was in a beaver country, as it is said that beavers were still within two milesj of that point a couple of years ago. The fact that one trap caught eleven beavers shows that they must have been in camp during the afternoon. At this point the old trail to Nevada turns off on Beaver Creek, a mile above its junction with Powder River. In the early seventies wagons would come along that trail with ten horses, and the troops brought Catling guns over it during the War of 1878. While the regular wagon road turned off from Burnt River and crossed by Virtue Flat, there was an old trail for pack horses that continued up Burnt River and crossed to Beaver Creek. It necessitated leaving Burnt River in places and climbing up on the hills to avoid obstructions as the canyon is narrow, which would account for the remark October 2, "a hilly country." This would appear to make every reference fit with the locality. Mr. Ogden started from the junction of the Powder and North Powder and made an ordinary journey, with detours on account of the swamps in the valley, making an ordinary journey 20 to 30 miles and camping a few miles north of Baker September 29th, the next day going only as far as the Cold Spring, where there was an abundance of grass and beavers—but sending on two parties, one to push on for the rest of the day toward Burnt River, the other to strike across to Malheur—then the next day he would cross by way of Beaver Creek to a tributary of Burnt River.

From diligent inquiry among old settlers, I can find no other well known spring.

Very truly yours,

J. NEILSON BARRY.

EXCERPTS AND NOTES

A CONSTRUCTIVE POLICY WITH THE REMAINING OREGON LANDS PROPOSED

Governor Oswald West in his inaugural message, announced a departure from the traditional Oregon custom followed in the selection of its indemnity school lands. Instead of waiting until a request for a selection is made by an intending purchaser of a designated tract, the governor proposes to arrange, if possible, with the national authorities to take a compact tract composed of contiguous sections from the Cascade Forest Reservation. The area preferred would comprise the drainage basin of some stream with large undeveloped power resources. This project of the governor has in view experimental state forestry and power administration.

Oregon is now entitled to some 50,000 acres of these indemnity lands. Should the selection be consummated as proposed, the care of the lands would naturally be entrusted to the students of the state institutions of higher education. This is part of the governor's suggestion.

THE GREAT MEMORIAL ISSUE OF THE DAILY OREGONIAN.

The semi-centennial memorial number of the first issue of the daily Oregonian of February 4 makes a noteworthy historical document. In it are found many historical papers of permanent value, reprints of early views of Portland and photographic reprints of early issues of the Oregonian. The illustrative and printed material of the sixty-four large pages constitute a veritable doomsday book record of Oregon's present development.

"LONE TREE ON OREGON TRAIL"

Omaha World-Herald.

In the early days of Merrick County during the fifties, there stood on the north bank of the Platte River south of what is now Central City, a giant cottonwood tree. This tree was close to the old Oregon trail, and for miles up and down the river there was not another tree to be found. Under its spreading 118 EXCERPTS AND NOTES. branches emigrant trains halted for rest to escape the heat of the day under its beneficent shade. It came to be known to the early travelers of the plain as the Lone Tree. Finally its branches withered and its trunk rotted and the old tree fell down, and the spot where it stood was almost for- gotten. A short time ago a move was set on foot by the old settlers to set up some suitable mark on the spot where the Lone Tree stood, and the matter has been taken before the county board of supervisors. A marble shaft will be set up. On the shaft will be the simple words, Here stood the old Lone Tree on the Oregon Trail." Reprinted from The Morn- ing Oregonian, Monday, January 9, 1911. FLAX CULTURE IN EARLY DAYS. The following interesting and valuable item of economic history is reprinted from columns of The Morning Oregonian of January 17, 1911 : "I wish to add my personal plea for the culture of flax. The whole subject has been ably and enthusiastically discussed in the columns of The Oregonian, nor am I qualified to speak upon its merits. But I remember that my father, who was a practical farmer, raised most satisfactory crops of flax in Polk County more than 35 years ago. The fiber was not utilized then, but the seed was sold in Salem to Joseph Holman, who managed a mill for the expressing of oil. The byproduct of oil cake was returned to the grower, and was most valuable for feeding young cattle. "As there seems no doubt of the exceptional quality of the Oregon-grown flax, it is to be hoped the farmers will look with favor upon this profitable industry and that flourishing linen mills, twine manufactories, etc., will reward those who have labored so faithfully for their establishment. "Some day the small farmer if there is one in Eastern Oregon and Washington will consider the cultivation of flax, for that section is its habitat. A few years ago I found some fine specimens growing wild in the sagebrush, six miles from EXCERPTS AND NOTES. 119 Walla Walla, and it certainly is not confined to that locality. When Lewis and Clark made their great journey more than 100 years ago, they found the Clatsop Indians using flax or hemp fishlines, and were told they obtained it by barter with their neighbors, east of the Cascades. "These simple, primitive people were wise in gaining secrets from Mother Earth and utilized for food and use the plants that grew within the confines of their nomadic lives. That they understood, in a crude way, the retting and hackling of flax and hemp is very clearly proven by examining bags made by the Wascos, Klickitats, Warm Springs, Cayuse, Umatillas and other tribes. Any good collection of baskets will have these. Being much on horseback, nothing could be better adapted to their use than these strong, durable, pliable and beautifully-woven bags, or pouches. Their love of color and beauty wove a decoration, on the flax foundation, of finely split corn husk, in its natural tone, or dyed with alder bark or copper. "Either cultivation of vast areas has destroyed much of the native plants, or the degeneracy of their handiwork has made it less arduous to use the Boston man's cheap twine. The delicate blue of the lovely flax 'blushes unseen' in the gray waste of sagebrush, and the sturdy hemp by the creeks is ungarnered. Lucky is the possessor of the finely wrought and enduring pouches. Some day it will grow again, more vigor- ous and abundant, under intelligent cultivation. "Farming methods are too advanced for enlightened men to waste time and labor with unsatisfactory crops if other things make profitable returns, then let us consider them. "HARRIET M'ARTHUR." (NOTE. Flaxseed was brought across the plains to Oregon from Indiana in 1844 by James Johnson and planted near Lafayette, Yamhill County, the following year, and it grew well. The fiber was prepared and woven into towels and other articles for domes- tic use in the winter of 1845-46 by Mrs. Juliet Johnson on a loom made by her husband. John Killin, a pioneer of 1845, raised flax on his farm in Clackamas County, a few miles east of Hubbard, and his wife made towels and bedticks out of the fiber prior to 1860. A towel made by Mrs. Killin is in the possession of the Oregon Historical Society. George H. Himes.) 120 EXCERPTS AND NOTES. THE OLDEST SEEDLING APPLE TREE IN THE PACIFIC NORTHWEST The present intense interest in the development of the apple growing industry in the Pacific Northwest tends to invest the oldest apple trees of this region with something of a halo. The tender care with which the now historic tree in the reserva- tion at Vancouver, Washington, will be fostered is but an admirable instance of the correct the ever-enhancing worth of memorials. The romantic story associated with the bearing of the seeds for the Vancouver apple trees from London to the Columbia lends a charm to this lone survivor ; but if our interest is in the lineal ancestry of a great and growing industry ought we not to erect a monument about half a mile north of Milwaukie to the memory of Henderson Luelling where he and his son Alfred planted the seven hundred or more grafted fruit trees known as the "Traveling Nursery," which they brought across the plains from Henry County, Iowa, in 1847? The story of the identification of the Vancouver tree as it appeared in The Morning Oregonian of January 22, 1911, is as follows : "Vancouver Barracks, Wash., Jan. 21. The discovery this week of the oldest apple tree in the Northwest, which has borne fruit for more than eighty years, has aroused much interest, and hundreds have visited the post just to see the tree with a remarkable record. "Colonel George K. McGunnegle, commander of the post, as soon as he was convinced by A. A. Quarnberg, district fruit inspector, that this tree was planted eighty-five years ago, gave orders to have it preserved. A suitable fence around the base of the tree will be built, and a stone monument, with a short history of its remarkable record, will be placed in the en- closure. Relic hunters who desire a piece of the tree will be severely punished if caught marring the oldest inhabitant of any apple orchard in the Northwest. EXCERPTS AND NOTES. 121 "The fact that this tree, after eighty years of bearing, should bear fruit each year, is regarded as of the utmost importance to the apple-raising industry in the Northwest. "This tree is located in the southwest corner of the reserva- tion, in front of the chief commissary's office. So little was thought of the scrubby-looking relic of bygone days that it was used to anchor a guy wire to. This has been removed. "The tree is sixteen inches in diameter and about twenty feet high." (NOTE. Mrs. Narcissa Prentiss Whitman, one of the two first American women to cross the plains to Oregon, arrived at the Hudson's Bay Company's Fort Vancouver on September 12, 1836, and her husband, Dr. Marcus Whitman, and her traveling com- panionsRev. Henry H. Spalding, Mrs. Eliza Hart Spalding and William H. Gray were entertained by Dr. John McLpughlin, Chief Factor of the Hudson's Bay Company. Mrs. Whitman, in her diary under the date above mentioned, made the following entry: "What a delightful place this is; what a contrast to the rough, barren sand plains through which we have so recently passed. Here we find fruit of every description apples, peaches, grapes, pears, plums, and fig trees in abundance; also cucumbers, melons, beans, peas, beets, cabbage, tomatoes, and every kind of vegetable, too numerous to be mentioned. Every part is very neat and taste- fully arranged, with fine walks, lined on each side with strawberry vines. At the opposite end of the garden is a good summer house covered with grape vines. Here I must mention the origin of these grapes and apples. A gentleman, twelve years ago, while at a party in London, put the seeds of the grapes and apples which he ate into his vest pocket; soon afterwards he took a voyage to this country and left them here, and now they are greatly multiplied." George H. Himes.) Two EMINENT OREGONIANS DIE. General Owen Summers, who died on January 21, will have a prominent and honored place in Oregon's military annals. When a mere youth he joined the northern army as a cavalry- man from Illinois. He was lieutenant-colonel of the First In- fantry, Oregon National Guard, at the opening of the War with Spain. He was made colonel of the Oregon regiment when it volunteered to go into the field and served with such distinction throughout the campaign in the Philippines as to win the recognition of the president and promotion to the rank of brigadier-general. 122 &XCERPTS AND NOTES. The death of ex-Governor William P. Lord on February 7, closed the career of a faithful and able publicist. He graduated from Fairfield College in 1860 and enlisted as captain of a Delaware company and rose to the rank of major. After the close of the war he took up the study of law and completed the course at the Albany Law College. He again joined the army and came to the Pacific Coast as a member of the Second Artillery of the regular army. He resigned and opened a law office in Salem in 1868. Elected to the state senate, he served only two years, as he was promoted to the office of justice of the supreme court of Oregon in 1880. He was re-elected in 1882 and again in 1888. He became governor in 1895. At the close of his term in 1899 he was appointed minister to Argen- tine Republic. He returned to Oregon in 1905, during the later years of his life compiling the Oregon Code of 1911.

↑ Paper read before the Annual Meeting of the members of the Oregon Historical Society, December 17, 1910.
↑ Joseph Lane, "Autobiography," Ms., pp. 4, 5.
↑ Mrs. W. H. Odell, "Autobiography of Thurston.," Ms, pp. 4, 5.
↑ Bush to Deady, April 17, 1851.
↑ Oregonian, March 8, 1851.
↑ Oregonian, June 18, 1853.
↑ "The Sewer man (Dryer) is in favor of organizing the Whig party. Greeley of the New York Tribune says that the Whig party is dead in the states. But, like all animals of the reptile order, it dies in the extremities last; and him of the Sewer (the Oregonian) is the last agonizing knot of the tail." Statesman, July 4, 1853.
↑ Report of Investigating Commission, 1870, pp. 58-62.
↑ See history of relations between state treasurer and Title Guarantee and Trust Company, given in public press of Oregon, 1907.
↑ This law netted the treasurer during the four years, $13,543.20. Report of Commissioners of Investigation, p. 196.
↑ Report of Investigating Commission, 1870, pp. 73-118.

[1] Paper read before the Annual Meeting of the members of the Oregon Historical Society, December 17, 1910.

[2] Joseph Lane, "Autobiography," Ms., pp. 4, 5.

[3] Mrs. W. H. Odell, "Autobiography of Thurston.," Ms, pp. 4, 5.

[4] Bush to Deady, April 17, 1851.

[5] Oregonian, March 8, 1851.

[6] Oregonian, June 18, 1853.

[7] "The Sewer man (Dryer) is in favor of organizing the Whig party. Greeley of the New York Tribune says that the Whig party is dead in the states. But, like all animals of the reptile order, it dies in the extremities last; and him of the Sewer (the Oregonian) is the last agonizing knot of the tail." Statesman, July 4, 1853.

[8] Report of Investigating Commission, 1870, pp. 58-62.

[9] See history of relations between state treasurer and Title Guarantee and Trust Company, given in public press of Oregon, 1907.

[10] This law netted the treasurer during the four years, $13,543.20. Report of Commissioners of Investigation, p. 196.

[11] Report of Investigating Commission, 1870, pp. 73-118.

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