Petition of the citizens of Oregon in 1843.—Complaints against the Hudson’s Bay Company.—The Milling Company.—Kicking the half-bushel.—Land claims of Dr. McLaughlin.—Names of the signers.—Reasons for not signing.—Notice, deed, and bond of John McLaughlin.—Claim of Alvin F. Waller.

Petition of Citizens of Oregon in 1843.

To the Honorable the Senate and House of Representatives of the United States of America in Congress assembled:—

We, the undersigned, settlers south of the Columbia River, beg leave respectfully to represent to your honorable body:

As has been before represented to your honorable body, we consider ourselves citizens of the United States, and acknowledge the right of the United States to extend its jurisdiction over us; and the object of the present memorial is to ask that the protection of the United States may be extended to us as soon as possible. Hitherto, our numbers have been small, and the few difficulties that arose in the settlement were speedily and satisfactorily settled. But, as our settlement increases in numbers, so our difficulties increase in number and importance; and, unless we can have laws to govern us that will be respected and obeyed, our situation will be a deplorable one. Where the highest court of appeal is the rifle, safety in life and property can not be depended on.

The state of the country, its climate, resources, soil, productions, etc., has already been laid before your honorable body, in Captain Wyeth’s memoir, and in former memorials from the inhabitants of this place.

Laws are made to protect the weak against the mighty, and we feel the necessity of them in the steps that are constantly taken by the Honorable Hudson’s Bay Company, in their opposition to the improvement and enterprise of American citizens. You have been apprised already of their opposition to Captain Wyeth, Bonneville, and others; and we find that the same spirit dwells with them at the present day. Some years ago, when the Hudson’s Bay Company owned all the cattle in Oregon, they would not sell on any conditions; but they would lend their cows to the settler—he returning to the company the cows loaned, with all the increase; and in case of the death of a cow, he then had the privilege of paying for it. But after the settlers, at great risk and expense, went to California and purchased for themselves, and there was a fair prospect of the settlement being supplied, then the Hudson’s Bay Company were willing to sell, and at lower rates than the settlers could sell.

In the year 1842, feeling the necessity of having mills erected that could supply the settlement with flour and lumber, a number of the inhabitants formed themselves into a joint-stock company, for the purpose of supplying the growing wants of the community. Many of the farmers were obliged to leave their farms on the Wallamet, and go six miles above Vancouver, on the Columbia River, making the whole distance about sixty miles, to get their wheat ground, at a great loss of time and expense. The company was formed and proceeded to select a site. They selected an island at the falls of the Wallamet, and concluded to commence their operations. After commencing, they were informed by Dr. McLaughlin, who is at the head of the Hudson’s Bay Company’s affairs west of the Rocky Mountains, that the land was his, and that he (although a chief factor of the Hudson’s Bay Company) claimed all the land on the east side of the Wallamet, embracing the falls down to the Clackamas River, a distance of about two miles. He had no idea, we presume, that the company would succeed. However, he erected a shed on the island, after the stuff was on the island to build a house, and then gave them permission to build under certain restrictions. They took the paper he wrote them, containing his conditions, but did not obligate themselves to comply with the conditions, as they did not think his claim just or reasonable.

Many projects had been started by the inhabitants, but, for want of means and encouragement, failed. This fate was predicted for the Milling Company. But, after much labor and difficulty, they succeeded in getting a saw-mill erected, and ready to run, and entered into a contract to have a grist-mill erected forthwith. And now, as they have succeeded, where is the Hudson’s Bay Company? Dr. McLaughlin employs hands to get out a frame for a saw-mill, and erect it at Wallamet Falls; and we find, as soon as the frame is up, the gearing, which has been made at Vancouver, is brought up in boats; and that which cost a feeble company of American citizens months of toil and embarrassment is accomplished by the chief factor of the Hudson’s Bay Company in a few weeks. He has men and means, and it is said by him that in two weeks his mill will be sawing. And what will be the consequence? Why, if the Milling Company sell for $15 per thousand, he can sell for $12; if they reduce the price to $10, he can come to $8, or $5, or $2 per thousand. He says he will have a grist-mill started as soon as he gets the saw-mill in operation.

All the wheat in Oregon they are anxious to get, as they ship it to the Russians on the northwest coast. In the first place they measured the wheat in a half-bushel, called by them imperial measure, much larger than the standard measure of the United States; this not answering, they next proceeded to kick the half-bushel with the foot to settle the wheat; then they brought up a measure larger than the former one; and now they fill this measure, then strike it three times with a stout club, and then fill up, and call it fair measure. Against such proceedings we need law that will be respected and obeyed.

About twelve or fourteen years ago, the Hudson’s Bay Company blasted a canal a few feet to conduct water to a mill they were going to build, the timber for which is now lying at the falls rotting. They, however, abandoned the thing altogether, and built their mills on the Columbia, about six miles above Vancouver, on the north side of the river.

In the year 1837, agreeably to orders left by Mr. Slacum, a house was erected at the falls, to secure the claim for him.

In 1840, the Methodist Mission erected buildings at the falls, and stationed two families there, and made a claim to sufficient land for their buildings, not interfering with any others who might wish to build. A short time previous to this, Dr. McLaughlin had a storehouse erected for the company, not occupied, however, further than to store wheat and other articles in, and as a trading-house during the salmon season.

After this, in 1841, a shanty was erected, and a man kept at the falls, whose business it was to trade with the Indians for furs and salmon, and look out for the doctor’s claim, he said, and to forbid persons building at the falls, as some had built, and others were about building. This man was, and still is, a servant of the Hudson’s Bay Company.

During the years 1841 and 1842, several families settled at the falls, when Dr. McLaughlin, who still resides at Fort Vancouver, comes on the ground, and says the land is his, and any person building without his permission is held as a trespasser. Without reference to any person’s right or claim, he employs a surveyor to run out the plat; and as a bill was before the Senate of the United States to grant to every white male inhabitant a mile square, he has a mile run out to suit his views, and lays out a town plat at the falls, and calls it Oregon City. Although some, for peace’s sake, asked him for the lots they had already in possession, and which he appeared very willing to grant, the doctor now felt himself secure, and posted up the annexed paper (marked A), which is the original; and all who had lots were required to pay Mr. Hastings five dollars for a deed of land which they knew very well the grantor did not own, but that Congress will pass a special act granting to each man his lot and improvements. Those that applied received (if they had a house on the lot) a deed, a copy of which is annexed (marked B); if they had no house, a bond was given for five dollars, a copy of which is annexed (marked C). To those that applied and paid their five dollars all was right with the doctor; while those who considered his title to the land not good, and that therefore he had no right to direct who should build and who should not, had their lots sold to others. In one case the purchaser came to the original claimant and ordered him to stop digging the ground which he was preparing for a garden, and commanded him to remove his fences, as he had Dr. McLaughlin’s bond in his pocket for the lots; and if he did not move the fence he would, and take forcible possession. Those who desired to have no difficulty, and did not apply for a deed, have lost their lots, the doctor’s promise, and all. And Mr. Hastings (the doctor’s agent) is now offering for sale the lots on which part of the mission buildings stand; and if he succeeds in finding a purchaser, they must either contend or lose their buildings.

Dr. McLaughlin has held claims in other places south of the Columbia River: at the Tualatin Plains and Clackamas Plains he had huts erected, to prevent others from building; and such is the power of Dr. McLaughlin, that many persons are actually afraid to make their situation known, thinking, if he hears of it, he will stop their supplies. Letters were received here from Messrs. Ladd & Co., of the Sandwich Islands, in answer to a letter written by the late Mr. Ewing Young, for a few supplies, that orders were received forbidding the company’s vessels carrying any goods for the settlers of Oregon. Every means will be made use of by them to break down every thing that will draw trade to this country, or enable persons to get goods at any other place than their store.

One other item, and we are done. When the United States government officers of distinction arrive, Vancouver is thrown open, and every facility afforded them. They were even more condescending to the settlers during the time the exploring squadron was in the Columbia; nothing was left undone to give the officers a high opinion of the Honorable Hudson’s Bay Company. Our Indian agent is entirely dependent on them for supplies and funds to carry on his operations.

And now your memorialists pray your honorable body that immediate action of Congress be taken in regard to this country, and good and wholesome laws be enacted for our Territory, as may, in your wisdom, be thought best for the good of the American citizens residing here.

And your memorialists will ever pray.

Robert Shortess, A. E. Wilson?, W. C. Remick?, Jeffrey Brown, E. N. Coombs, Reuben Lewis, George Davis, V. Bennett, J. Rekener, T. J. Hubbard, James A. O’Neil, Jer. Horregon, William McCarty, Charles Compo, John Howard?, R. Williams, G. Brown, John Turner?, Theodore Pancott, A. F. Waller, J. R. Robb, J. L. Morrison, M. Crawford, John Anderson, James M. Bates, L. H. Judson, Joel Turnham?, Richard H. Ekin, H. Campbell?, James Force, W. H. Wilson?, Felix Hathaway?, J. Lawson, Thomas J. Shadden?, Joseph Gibbs, S. Lewis, Jr., Charles Roy, William Brown, S. Davis, Joseph Yatten, John Hopstatter?, G. W. Bellomy?, William Brown, A. Beers, J. L. Parish, William H. Gray, A. D. Smith?, J. C. Bridgers?, Aaron Cook, A. Copeland, S. W. Moss, Gustavus Hines, George W. Le Breton?, Daniel Girtman, C. T. Arrendrill, A. Touner, David Carter?, J. J. Campbell?, W. Johnson?, John Edmunds, W. Hauxhurst, W. A. Pfieffer, J. Holman, H. B. Brewer, William C. Sutton. Sixty-five in all.

It is understood that the persons whose names are marked with an asterisk (?) are now dead; the balance are supposed to be still living.

The foregoing are all the names which appear to the petition printed as Senate document 105, and presented to the Senate at the first session of the twenty-eighth Congress.

W. J. McDonald,
Principal Clerk of Sec’y Senate.

Washington, D. C., Jan. 5, 1866.

Mr. George Abernethy declined to sign this petition through fear of injuring the Methodist Mission in its secular or business relations with the Hudson’s Bay Company.

Hugh Burns would not sign it because he did not wish Congress to be asked to confirm his title to lots and improvements.

Jason Lee, though he thought it right to petition Congress for protection, yet on account of his position as superintendent of the Methodist Mission, and the influence of the company against them should he sign it, thought it best not to give his name.

Dr. I. L. Babcock refused, because, by signing, he would lose his influence with the company.

Walter Pomeroy, ditto.

Dr. Bailey did not wish any protection from the Congress of the United States.

Rev. H. K. W. Perkins was ashamed of the petition. “What does Congress care about measuring wheat? or a contest between two milling companies?”

George Gay did not care any thing about it. Congress might do as it pleased; he did not want its protection.

The people in Tualatin Plains did not have an opportunity to sign or refuse for want of time to circulate it in that section. The bearer of it, William C. Sutton, was on his way to the States across the Rocky Mountains. Through the influence of Dr. White, who had clandestinely procured a copy of the petition and the names attached, and had made an effort to prevent its reaching Mr. Sutton, it had been delayed, but through the perseverance and promptness of Robert Shortess and A. E. Wilson, it was sent by Davis and Johnson and some Indians in an express canoe, and reached Mr. Sutton before he left the Cascades. For this service to his country and the persevering efforts of Mr. Shortess to maintain the rights of American citizens in it, he was early placed under the ban of the Hudson’s Bay Company, and, it may be added, the Methodist Mission; and reports prejudicial to him have been freely and persistently kept before the public mind, as also against any others that have taken an active part against the infamous and despotic course of that company. This is to weaken their testimony, and to render them powerless to prevent the present proposed robbing of our national treasury. Instead of paying one dime to that company for doing all they dared to do to prevent the settlement of Oregon by Americans, a pension should be paid to Robert Shortess and many others who dared to maintain the rights of the American people to this western coast. Whitman periled every thing and lost his life to save the country. Shortess has periled all, and worn himself out in struggling under an influence that took the life of Dr. Whitman and many others, for which this Hudson’s Bay Company are now to receive pay.

It is unnecessary for me to make a single remark in reference to this petition. It is a history in itself of the times and events then occurring. Mr. Hines refers to it as of little moment, and on page 150 says: “Not being one of the authors, but merely a signer of the petition, I did not come under the ban of the company; consequently, I obtained my outfit for the expedition, though at first there were strong indications that I would be refused.”

We would infer from this, that the Hudson’s Bay Company did not regard it as a serious matter, but in the next line he tells us: “We remained at the fort over night and a part of the next day, and, after a close conversation with the gentlemen in command, were treated with great courtesy.”

This lets us into the whole mystery of the affair. The gentlemen in charge of the fort had become satisfied that Mr. Hines in his visit among the Indians would not interfere with their arrangements already made with McKay and White; in fact, that Mr. Hines approved of Dr. White’s policy of uniting the tribes in the interior to accomplish the one great object of the company. The documents that follow are given to show the fact stated in the petition, as also the high-handed measures of the company and Dr. McLaughlin.

A.

Notice is hereby given to all whom it may concern, that those who have obtained grants of lots in Oregon City, will be expected to call upon L. W. Hastings, my authorized agent at Oregon City, and obtain a bond for a deed or deeds, as the case may be. Those who hold claims to any lot, and who comply with the above requisite, on or before the first day of February next, will be entitled to their lot or lots; otherwise, the lots upon which they hold a claim will thereafter be subject to any disposition which the undersigned may think proper to make of them.

John McLaughlin.
January 18, 1843.

Oregon City, March 27, 1843.

We, the undersigned, do hereby certify that the above notice of John McLaughlin was posted up in the most public places in this town.

R. Shortess.
A. E. Wilson.

B.

Deed—John McLaughlin to Walter Pomeroy.

Know all men by these presents, that I, John McLaughlin, of Fort Vancouver, in the Territory of Oregon, for and in consideration of the sum of one dollar, to me in hand paid by Walter Pomeroy, of Oregon City, of the Territory aforesaid, the receipt whereof is hereby acknowledged, have this day, and do, by these presents, remit, release, and forever quit claim unto the said Pomeroy, his heirs and assigns, all and singular, the following piece, parcel, and lot of land, bounded and described as follows, to wit: Commencing at the northeast corner, running thence southerly sixty-six feet to a stake, thence easterly one hundred feet to a stake at the place of beginning, being lot number four, in block number three, in the town of Oregon City, in the Territory of Oregon, which will more fully appear from a reference to the map and plan of said town:

To have and to hold the same, together with all and singular the privileges and appurtenances thereunto in any wise appertaining or belonging unto the said Pomeroy, his heirs, executors, administrators, or assigns, forever.

And I, the said McLaughlin, for myself, do vouch and declare that I am the true and proper claimant of and to the said premises and lot of land, and that I have in myself full power, good right, and sufficient authority to remit, release, and quit my claim in and to said lot and premises, in manner and form aforesaid.

And I, the said McLaughlin, do hereby covenant and agree to warrant and defend the said premises, together with the privileges and appurtenances thereunto appertaining or belonging, to the said Pomeroy, his heirs and assigns, against all lawful claims of all persons whomsoever, the claims of the government only excepted.

In testimony whereof, I, the said McLaughlin, have hereunto set my hand and affixed my seal, this the 2d of March, A. D. 1843.

John McLaughlin. [L. S.]
Per L. W. Hastings, his agent.

We, the undersigned, do hereby acknowledge that the above is a true and correct copy of the original.

R. Shortess.
A. E. Wilson.

C.

Bond—John McLaughlin to Albert E. Wilson.

Know all men by these presents, that I, John McLaughlin, of Fort Vancouver, in the Territory of Oregon, am held and firmly bound unto Albert E. Wilson, of Oregon City, in the Territory aforesaid, in the full sum of five hundred dollars, federal money; for the punctual payment of which, well and truly to be made, I bind myself, my heirs, executors or administrators, firmly by these presents.

In testimony whereof, I have hereunto below set my hand and affixed my seal, this the 26th day of December, A. D. 1842.

Now, know ye, that the condition of the above obligation is such, that whereas the said Wilson hath this day, and doth by these presents, purchase of the said McLaughlin all and singular the following pieces, parcels, tracts, and lots of land, namely: Lots Nos. four and five, in block No. two, in the town of Oregon City, in the Territory of Oregon, as is more fully shown by the map and plan of said town, and hath, and by these presents doth agree to build upon and improve each of the lots within the term of one year from the date of these presents. In consideration of which, the said McLaughlin hath, and doth by these presents covenant and agree to make the said Wilson a good and sufficient quit-claim deed for and to all and singular the above-mentioned pieces, parcels, tracts, and lots of land, whenever he, the said Wilson, shall have complied with the above conditions on his part. Now, if the said McLaughlin shall well and truly make, or cause to be made, the said deed to the said Wilson, upon the said Wilson’s complying on his part with the above condition, then, and in such case, the within obligation shall become entirely void and of no effect; otherwise to be and remain of full force and virtue.

John McLaughlin. [L. S.]
Per L. W. Hastings, his agent.

We, the undersigned, do hereby acknowledge the above to be a true and correct copy of the original.

R. Shortess.
A. E. Wilson.

Our history would not be complete without these documents. It will be noticed in Mr. Pomeroy’s deed, as also all the other deeds given by Dr. McLaughlin, that he “warrants and defends” against all lawful claims of all persons whomsoever, the claims of the government only excepted. He would not insert United States government, for he expected the English would get the country. He asserts in his deeds, “And I, the said McLaughlin, for myself, do vouch and declare that I am the true and proper claimant of, and to the said premises and lot of land, and that I have in myself full power and good right.”

Any one questioning his power and authority was made to feel it in a manner more severe than that of any governor of a State or of the President of the United States.

It was unfortunate that, at the time Dr. McLaughlin was making his claim to the land and his improvements at Oregon City, it was not known that he had, or would, sever his connection with the Hudson’s Bay Company, and become an American citizen, as he afterward did. It was his connection with, and apparent control over, the affairs of the company, that created the strong American prejudice against him, and deceived many as to his intentions, besides giving occasion for a strong feeling in favor of Rev. Mr. Waller, who employed a Mr. John Ricord to prepare a declaration setting forth his claim to that location, as follows:—

“To the People of Oregon:

“Fellow-Citizens,—Having been retained professionally to establish the claim of Mr. Alvin F. Waller to the tract of land on the east side of the Wallamet River, sometimes called the Wallamet Falls settlement, and sometimes Oregon City, I consider it a duty to my client and to the public to state, briefly and concisely, the several circumstances of his case, as they really exist, in order that his motives may not be impugned, nor his intentions misunderstood and misrepresented.

“The public are already aware that my client commenced the occupancy of this farm in the spring of A. D. 1840, when no one resided at the falls, and that, in the course of that summer, he built his house, moved his family into it, and cleared and fenced a good portion of the land; from which, in the ensuing years A. D. 1841 and 1842, he raised successive crops of corn, potatoes, and other vegetables usually cultivated by farmers. That he remained thus occupying undisturbed, until the month of December, A. D. 1842, about two years and six months, when Dr. John McLaughlin caused his farm to be surveyed, for the purpose of selling it in subdivisions to American citizens. It has since been currently reported and quite generally believed that my client had renounced his right in favor of Dr. McLaughlin. This I am authorized to contradict, having perused the letter written by Mr. Waller, which not only contains no renunciation, but, on the contrary, is replete with modest and firm assertions of his rights in the premises; offering at the same time to relinquish his claim if the doctor would comply with certain very reasonable and just conditions. Upon this offer the parties had come to no final conclusion until my arrival in the colony, when Dr. McLaughlin attempted to employ me to establish his claim, disregarding the rights of all other persons, which I declined doing. Mr. Waller thereupon engaged me to submit the conditions a second time to the doctor for his acceptance or rejection, which I did in the following words:—

“‘1st. That your pre-emptive line be so run as to exclude the island upon which a private company of citizens have already erected a grist-mill, conceding to them as much water as may be necessary for the use of said mills.

“‘2d. That Mr. Waller be secured in the ultimate title to the two city lots now in his possession and other lots not exceeding in superficial area five acres, to be chosen by him from among the unsold lots of your present survey.

“‘3d. That the Rev. Mr. Lee, on behalf of the Methodist Episcopal Mission, be, in like manner, secured in the lots claimed for the use of said mission.’ They consist of church and parsonage lots, and are well known to the public.

“I received a letter from Dr. McLaughlin, dated November 10, 1843, in answer to mine, in which he declines complying with the above conditions, and thus puts an end to the offer of my client to relinquish his right of pre-emption. Under these circumstances Mr. Waller has now applied to the Supreme Court of the United States, which, under the Constitution, has original jurisdiction of ‘all cases in law and equity, arising under treaties,’ to grant him a commission for perpetuating the testimony of the facts in his case, de bene esse, in order that whenever Congress shall hereafter see fit to prescribe, by law, the conditions and considerations, he may be enabled to demand of the United States a patent; also praying the court to grant him such other relief in the premises as may be consonant with equity and good conscience.

“The legality of Mr. A. F. Waller’s claim rests upon the following grounds:—

“1st. He was a citizen of the United States, of full age, and possessed of a family when he came to reside on the premises; 2d. He built a house upon them and moved his family into it, thus becoming in fact and in law a householder on the land; 3d. He cleared, fenced, and cultivated a portion of it during two years and six months before he was disturbed in his actual possession; and 4th. That he is not at this moment continuing to cultivate his farm is not his fault, since it was wrested from him.

“The illegality of Dr. McLaughlin’s claim rests upon the following grounds:—

“1st. He was a British subject owing allegiance to a foreign power, and has so continued to be ever since the spring of A. D. 1840. For this reason alone he could not acquire pre-emption to lands in the United States.

“2d. He is chief officer of a foreign corporative monopoly. For this reason alone he could not acquire pre-emption to lands in the United States.

“3d. He does not now, and never did, reside on the land in question; but, on the contrary, he resides, and has always continued to reside, on the north bank of the Columbia River, the section of country actually in dispute between the two governments, about twenty miles from the land claimed by Mr. Waller, and there he is obliged to remain so long as he continues to be chief factor.

“4th. He is not in fact the claimant. The Hudson’s Bay Company, a foreign corporation, is in fact the claimant, while Dr. McLaughlin only lends his name; well knowing that a corporation, even though it be an American one, can not acquire a pre-emption. This is evinced by the employment of men to be his agents, and to sell lots for him, who are at the same time partners in, and receiving dividends and salaries from, the company.

“5th. The pretensions of Dr. McLaughlin arose, if at all, two years and six months after the actual settlement of Mr. Waller; and therefore they are in direct violation of the treaty of A. D. 1827, converting the mutual and joint occupation into an exclusive occupancy by British subjects.

“6th. The treaty of joint occupation (1827) does not, and was never intended, on the part of the United States, to confer any rights of citizenship upon foreigners. The power to confer such rights is, by the Constitution, reserved to Congress. And the right to acquire title by pre-emption is peculiar to citizens.

“These, fellow-citizens, are the facts and some of the points of law in my client’s case. Upon the same principle contended for by Dr. McLaughlin, any of you may incur the risk of being ousted from your farms in this colony, by the next rich foreigner who chooses to take a fancy so to do, unless in the first instance you come unanimously forward and resist these usurpations. It is not my client’s intention to wrong any who have purchased lots of the doctor; and to guard against the injury which might result to individuals in this respect, I have carefully drawn up the form of a bond for a warrantee deed, which Mr. Waller is at all times ready, without any further consideration, to execute to any person who has, in good faith, bought of the doctor, prior to the date of this notice, by being applied to at his residence. Mr. Waller does not require one cent of money to be paid to him as a consideration for his bonds—the trouble, expense, and outlays they have already incurred, with a desire to save all such persons harmless from pecuniary loss, is a good and sufficient consideration in law to bind him in the proposed penalty of one thousand dollars. (See Cowan’s Digest—Assumpsit, B).

“I am of opinion that Mr. Waller has rights in the premises, which neither Dr. McLaughlin, nor even Congress, by any retrospective legislation, can take away from him,—and therefore, fellow-citizens, in sincere friendship, I would counsel you to lose no time in applying to him for your new bonds.

“John Ricord,
“Counselor in the Supreme Court of the United States,
and attorney for Alvin F. Waller.

“Dated December 20, 1843.”