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INTRODUCTION

The Oregon Territory forms the terminus of these Travels; and, as that country is an object of much interest on both sides of the Atlantic, I have thought proper to preface my wanderings there by a brief discussion of the question as to whom it belongs.

By treaties between the United States and Spain and Mexico and Russia, the southern boundary of Oregon is fixed on the 42nd parallel of north latitude; and the northern on an east and west line, at 54° 40´ north.⁵ Its natural boundary on the east is the main ridge of the Rocky Mountains, situated about four hundred miles east of the Pacific Ocean, which washes it on the west. From these data the reader will observe that it is about six hundred miles in length, and four hundred in breadth.

According to the well-established laws of nations applicable to the premises, the title to the sovereignty over it depends upon the prior discovery and occupancy {x} of it, and upon cessions by treaty from the first discoverer and occupant. These several important matters I proceed to examine, with Greenough's History of the North-west Coast of America, and the works therein named, before me as sources of reference.⁶

From the year 1532 to 1540, the Spanish government sent four expeditions to explore the north-west coast of America, in search of what did not exist – a water communication from the Pacific to the Atlantic. These fleets were severally commanded by Mazuela, Grijalva, Becera, and Ulloa. They visited the coast of California, and the south-western shore of Oregon.⁷

The next naval expedition, under the same Power, commanded by Bartoleme Ferrello, penetrated to the north as far as latitude 43°, and discovered Cape Blanco.⁸

Juan de Fuca discovered and entered the Straits that bear his name in the year 1592. He spent twenty days within the Straits in making himself acquainted with the surrounding country, trading with the natives, and in taking possession of the adjacent territories in the name of the Spanish Crown.⁹ The Straits de Fuca enter the land in latitude 49° north, and, running {xi} one hundred miles in a south-easterly direction, change their course north-westwardly, and enter the ocean again under latitude 51° north. Thus it appears that Spain discovered the Oregon Coast from latitude 42° to 49° north two hundred and fifty-one years ago; and, as will appear by reference to dates, one hundred and eighty-four years prior to the celebrated English Expedition under Captain Cook.¹⁰

In 1602, and subsequent years, Corran and Viscaino, in the employment of Spain, surveyed many parts of the Oregon Coast, and in the following year Aguiler, in the same service, discovered the mouth of the Umpqua River in latitude 44° north.¹¹

In August, 1774, Parez and Martinez, under the Spanish flag, discovered and anchored in Nootka Sound. It lies between 49° and 50° of north latitude.¹²

In 1774 and 1775 the north-west coast was explored by Parez and Martinez of the Spanish service, as far north as the 58th parallel of latitude.¹³

On the 6th day of May, 1789, the Spanish Captain Martinez, commanding two national armed vessels, took possession of Nootka Sound and the adjoining country. {xii} Previous to this event, say the authorities referred to, no jurisdiction had been exercised by the subjects of any civilized power on any part of the north-west coast of America between 37° and 60° of north latitude.

Thus is it shown on how firm and incontrovertible data the Spanish claims rest to the prior discovery and occupancy of the Oregon Territory.

But as against England this claim was rendered if possible more certain by the treaty of February 10th, 1763, between Spain, England and France – by which England was confirmed in her Canadian possessions, and Spain in her discoveries and purchased possessions west of the Mississippi. If, then, England has any claim to Oregon as derived from Spain, it must rest on treaty stipulations entered into subsequently to the 10th of February, 1763.

We accordingly find her to have formed a treaty with Spain in the year 1800, settling the difficulties between the two powers in relation to Nootka Sound. By the first article of the convention, Spain agreed to restore to England those portions of the country around Nootka Sound which England {xiii} has so occupied in regard to time and manner as to have acquired a right to them. The 5th article stipulates as follows:

"5th. As well in the places which are to be restored to the British subjects by virtue of the first article as in all other ports of the North-West Coast of North America, or of the Island, adjacent, situate to the north of the coast already occupied by Spain wherein the subjects of either of the two Powers shall have made settlements since the month of April 1789, or shall hereafter make any. The subjects of the other shall have free access and shall carry on their trade without any disturbance or molestation."¹⁴

The inquiries that naturally arise here are, on what places or parts of the North-West Coast did this article operate; what rights were granted by it, and to what extent the United States, as the successors of Spain, in the ownership of Oregon, are bound by this treaty?

These will be considered in their order.

Clearly the old Spanish settlements of the Californias were not included among the places or parts of the North-West Coast on which this article was intended to operate, for the reason that England, the party in {xiv} interest, has never claimed that they were. But on the contrary, in all her diplomatic and commercial intercourse with Spain since 1800, she has treated the soil of the Californias with the same consideration that she has any portion of the Spanish territories in Europe. – And since that country has formed a department of the Mexican Republic, England has set up no claims within its limits under this treaty.

Was Nootka Sound embraced among the places referred to in this article? That was the only settlement on the North-West Coast, of the subjects of Spain or England, made between the month of April, 1787, and the date of the treaty, and was undoubtedly embraced in the Fifth Article. And so was the remainder of the coast, lying northward of Nootka, on which Spain had claims. It did not extend south of Nootka Sound. Not an inch of soil in the valley of the Columbia and its tributaries was included in the provisions of the treaty of 1763.

Our next inquiry relates to the nature and extent of the rights at Nootka, and northward, which England acquired by this treaty. They are defined in the concluding phrase of the article before cited. The subjects {xv} of both the contracting Powers "shall have free access, and shall carry on their trade without disturbance or molestation." In other words the subjects of England shall have the same right to establish trading posts and carry on a trade with the Indians, as were, or should be enjoyed by Spanish subjects in those regions. Does this stipulation abrogate the sovereignty of Spain over those territories? England herself can scarcely urge with seriousness a proposition so ridiculously absurd. A grant of an equal right to settle in a country for purposes of trade, and a guarantee against "disturbance" and "molestation," does not, in any vocabulary, imply a cession of the sovereignty of the territory in which these acts are to be done.

The number and nature of the rights granted to England by this treaty, are simply a right to the joint occupancy of Nootka and the Spanish territories to the northward, for purposes of trade with the Indians; a joint tenancy, subject to be terminated at the will of the owner of the title to the fee and the sovereignty; and, if not thus terminated, to be terminated by the operations of the necessity of things – the annihilation of the trade {xvi} – the destruction of the Indians themselves as they should fall before the march of civilisation. It could not have been a perpetual right, in the contemplation of either of the contracting parties.

But there are reasons why the provisions of the treaty of 1763 never had been, and never can be binding on the United States as the successors of Spain in the Oregon territory.

There is the evidence of private gentlemen of the most undoubted character to show, that Spain neither surrendered to England any portion of Nootka, or other parts of the north-west coast; for that if she offered to do so, the offer was not acted upon by England; and testimony to the same effect in the debates of the times in the Parliament of Britain, in which this important fact is distinctly asserted, authorise us to declare that the treaty of 1763 was annulled by Spain, and so considered by England herself. And if England did not mean to show the world that she acquiesced in the non-fulfilment of Spain, she should have re-asserted her rights, if she thought she had any, and not left third parties to infer that she had quietly abandoned them. The United States had every reason to infer {xvii} such abandonment; and in view of it, thus manifested, purchased Oregon of Spain. Under these circumstances, with what justice can England, after the lapse of nearly half a century, come forward and demand of the successor of Spain rights in Oregon which she thus virtually abandoned – which were refused by Spain, and to which she never had the shadow of a right on the score of prior discovery, occupancy or purchase? The perpetually controlling and selfishness of her policy is the only plea that history will assign to her in accounting for her pretensions in this matter.

England also places her claim to Oregon upon the right of discovery. Let us examine this: —

The first English vessel which visited that coast was commanded by Francis Drake. He entered the Pacific in 1770¹⁵ and sailed up the coast to the 45th parallel of north latitude, and then returned to the 38th degree; accepted the crown of the native Prince in the name of his Queen – called the country New Albion, returned to England and was knighted.

{xviii} The portions of Oregon seen by Drake had been seen and explored by the Spaniards several times within the previous thirty years.¹⁶

Sir Thomas Cavendish next came upon the coast; but did not see so much of it as Drake had seen.¹⁷

The celebrated Captain Cook followed Cavendish. He saw the coast in latitude 43 and 48 degrees. He passed the Straits de Fuca without seeing them, and anchored in Nootka Sound on the 16th February, 1779.¹⁸ In trading with the Indians there, he found that they had weapons of iron, ornaments of brass, and spoons of Spanish manufacture. Nootka had been discovered and occupied by the Spaniards four years before Cook arrived.

The subsequent English navigators – Messrs. Vancouver,¹⁹ and others, so far as the Oregon coast was the field of their labours, were followers in the tracks pointed out by the previous discoveries of the Spaniards.

So ends the claim of England to Oregon, on the right of prior discovery. As opposed to England, Spain's rights on this principle were incontestible.

{xix} By the treaty of Florida, ratified February 22nd, 1819, Spain ceded to the United States her right in the Oregon territory, in the following words: "His Catholic Majesty cedes to the said United States all his rights, claims, and pretensions to any territories east and north of said line;" meaning the 42nd parallel of north latitude, commencing at the head waters of the Arkansas, and running west to the Pacific; "and for himself, his heirs and successors, renounces all claim to the said territories for ever."

But the United States have rights to Oregon which of themselves annihilate the pretensions not only of England but the world. Her citizens first discovered that the country on which Nootka Sound is situated was an island; they first navigated that part of the Straits of Fuca lying between Puget's Sound and Queen Charlotte's Island, and discovered the main coast of north-west America, from latitude 48° to 50° north. American citizens also discovered Queen Charlotte's Island, sailed around it, and discovered the main land to the east of it, as far north as latitude 55°.²⁰

England can show no discoveries between these latitudes so important as these; and consequently has not equal rights with the {xx} Americans as a discoverer, to that part of Oregon north of the 49th degree of latitude. We also discovered the Columbia River;²¹ and its whole valley, in virtue of that discovery, accrues to us under the laws of nations. One of these laws is that the nation which discovers the mouth of a river, by implication discovers the whole country watered by it. We discovered the mouth of the Columbia and most of its branches; and that valley is ours against the world – ours, also, by purchase from Spain, the first discoverer and occupant of the coast – ours by prior occupancy of its great river and valley, and by that law which gives us, in virtue of such discovery and occupancy, the territories naturally dependent upon such valley.²² We are the rightful and sole owner of all those parts of Oregon, which are not watered by the Columbia, lying on its northern and southern border, and which, in the language of the law, are naturally dependent upon it. Oregon territory, for all these reasons is the rightful property of the United States.

CHAPTER I

The Rendezvous – The Destination – The Education of Mules – The Santa Fé Traders – The Mormons – The Holy War – Entrance upon the Indian Territory – A Scene – An Encampment – A Loss – A Hunt – The Osage River – A Meeting and Parting – Kauzaus Indians – An Indian Encampment – Council Grove – Ruins – An Indian and his Wants – Elk – A Tempest – Captain Kelly – A comfortless Night.

On the 21st of May, 1839, the author and sixteen others arrived in the town of Independence, Missouri.²³ Our destination was the Oregon Territory. Some of our number sought health in the wilderness – others sought the wilderness for its own sake – and others sought a residence among the ancient forests and lofty heights of the valley of the Columbia; and each actuated by his own peculiar reasons, or interest, began his preparations for leaving the frontier.²⁴ Pack mules and horses and pack-saddles were purchased and prepared for service. Bacon and flour, salt and pepper, sufficient for four hundred miles, were secured in sacks; our powder-casks were wrapt in painted canvas, and large oil-cloths were purchased to protect these and our sacks of clothing from the rains; our arms were thoroughly repaired; bullets were moulded; powder-horns and cap-boxes filled; and all else done that was deemed needful, before we struck our tent for the Indian territory.

But before leaving this little woodland town, it will be interesting to remember that it is the usual place of rendezvous and "outfit" for the overland traders to Santa Fé and other Mexican states. In the month of May of each year, these traders congregate here, and buy large Pennsylvania waggons, and teams of mules to convey their calicoes, cottons, cloths, boots, shoes, etc. over the plains to that distant and hazardous market. It is quite amusing to greenhorns, as those are called who have never been engaged in the trade, to see the mules make their first attempt at practical pulling. They are harnessed in a team, two upon the shaft, and the remainder two abreast in long swinging iron traces; and then, by way of initiatory intimation that they have passed from a life of monotonous contemplation, in the seclusion of their nursery pastures, to the bustling duties of the "Santa Fé trade," a hot iron is applied to the thigh or shoulder of each, with an embrace so cordially warm, as to leave there, in blistered perfection, the initials of their last owner's name. This done, a Mexican Spaniard, as chief muleteer, mounts the right-hand wheel mule, and another, the left hand one of the span next the leaders, while four or five others, as foot-guard, stand on either side, armed with whips and thongs. The team is straightened – and now comes the trial of passive obedience. The chief muleteer gives the shout of march, and drives his long spurs into the sides of the animal that bears him; his companion before follows his example; but there is no movement. A leer – an unearthly bray, is the only response of these martyrs to human supremacy. Again the team is straightened, again the rowel is applied, the body-guard on foot raise the shout, and all apply the lash at the same moment. The untutored animals kick and leap, rear and plunge, and fall in their harness. In fine, they act the mule, and generally succeed in breaking neck or limb of some one of their number, and in raising a tumult that would do credit to any order of animals accustomed to long ears.

After a few trainings, however, of this description, they move off in fine style. And, although some luckless animal may at intervals brace himself up to an uncompromising resistance of such encroachment upon his freedom, still, the majority preferring passive obedience to active pelting, drag him onward, till, like themselves, he submits to the discipline of the traces.

'Independence' was the first location of the Mormons west of the Mississippi. Here they laid out grounds for their temple, built the 'Lord's store,' and in other ways prepared the place for the permanent establishment of their community. But, becoming obnoxious to their neighbours, they crossed the Missouri, and founded the town of 'Far West.' In 1838 they recommenced certain practices of their faith in their new abode, and were ejected from the state by its military forces.²⁵

The misfortunes of these people seem to have arisen from proceeding upon certain rules of action peculiar to themselves. The basis of these rules is the assumption that they are the "Saints of the Most High," to whom the Lord promised of old the inheritance of the earth; and that as such they have the right to take possession of whatever they may be inspired to desire. Any means are justifiable, in their belief, to bring about the restoration to the "Children of God" of that which He has bequeathed to them. In obedience to these rules of action, any Mormon or "Latter-Day Saint" labouring for hire on a "worldly" man's plantation, claimed the right to direct what improvements should be made on the premises; what trees should be felled, and what grounds should, from time to time, be cultivated. If this prerogative of saintship were questioned by the warm-blooded Missourians, they were with great coolness and gravity informed that their godly servants expected in a short time to be in comfortable possession of their employers' premises; for that the Latter-Days had come, and with them the Saints; that wars and carnage were to be expected; and that the Latter-Day Prophet had learned, in his communications with the Court of Heaven, that the Missourians were to be exterminated on the first enlargement of the borders of "Zion;" and that over the graves of those "enemies of all righteousness" would spring that vast spiritual temple which was "to fill the earth."

The prospect of being thus immolated upon the altar of Mormonism, did not produce so much humility and trembling among these hardy frontiersmen as the prophet Joe had benevolently desired. On the contrary, the pious intimation that their throats would be cut to glorify God, was resisted by some ruthless and sinful act of self-defence; and all the denunciations of the holy brotherhood were impiously scorned as idle words. However, in spite of the irreligious wrath of these deluded, benighted Missourians, the Saints cut timber wherever they listed on the domains which were claimed by the people of the world. And if the "Lord's hogs or horses" wanted corn, the farms in the hands of the wicked were resorted to at a convenient hour of the night for a supply. In all these cases, the "Saints" manifested a kind regard to the happiness even of the enemies of their faith. For whenever they took corn from fields in possession of the world's people, they not only avoided exciting unholy wrath by allowing themselves to be seen in the act, but, in order that peace might reign in the bosoms of the wicked, even, the longest possible time, they stripped that portion of the harvest field which would be last seen by the ungodly owner.

The "Church militant," however, being inefficient and weak, the Prophet Joe declared that it was their duty to use whatever means the Lord might furnish to strengthen themselves. And as one powerful means would be the keeping of its doings as much as possible from the world, it was he said, the will of Heaven, revealed to him in proper form, that in no case, when called before the ungodly tribunals of this perverse and blind generation, should they reveal, for any cause, any matter or thing which might, in its consequences, bring upon the brotherhood the infliction of those pretended rules of Justice, by the world called Laws. Under the protection of this prophecy, a band of the brethren was organized, called the "Tribe of Dan," whose duty it was to take and bring to the "Lord's store," in the far West, any of the Lord's personal estate which they might find in the possession of the world, and which might be useful to the "Saints," in advancing their kingdom. Great good is said to have been done by this Tribe of Dan; for the Lord's store was soon filled, and the Saints praised the name of Joe. The Prophet's face shone with the light of an all-subduing delight at the increase of "Zion," and the efficiency of his administration.

The Missourians, however, were destitute of the Latter-Day Faith, and of just views of the rights devised to those, who, in the Lord's name, should destroy his adversaries, and restore the earth to the dominion of millennial righteousness. Poor mortals and deluded sinners! They believed that the vain and worldly enactments of legislative bodies were to prevail against the inspirations of the Latter-Day Prophet Joe; and in their unsanctified zeal, declared the Saints to be thieves, and unjust, and murderous; and the Tribe of Dan to be a pest to the constitutional and acknowledged inherent and natural right to acquire, possess, and enjoy property. From this honest difference of opinion arose the "Mormon War," whose great events are recorded in the narrative of the "Latter-Day Saints?" Some events, there were, however, not worthy to find record there, which may be related here.

The Governor of the Missouri²⁶ ordered out the State troops to fight and subdue the Mormons, and take from them the property which the "Tribe of Dan" had deposited in the "Lord's brick store" in the "citadel of Zion," called "Far West." It was in 1838 they appeared before the camp of the "Saints" and commanded them to surrender. It was done in the manner hereafter described. But before this event transpired, I am informed that the Prophet Joe opened his mouth in the name of the Lord, and said it had been revealed to him that the scenes of Jericho were to be re-enacted in Far West; that the angelic host would appear on the day of battle, and by their power give victory to the "Saints."

To this end he ordered a breastwork of inch pine boards to be raised around the camp, to show by this feeble protection against the artillery of their foes, that their strength was in the "breast-plate of righteousness," and that they were the soldiers of the militant portion of the Kingdom of Heaven. There were moments of awful suspense in the camp of the "Saints." The Missouri bayonets bristled brightly near their ranks, and an occasional bullet carelessly penetrated the pine-board rampart, regardless of the inhibition of the Prophet. The Heavens were gazed upon for the shining host, and listening ears turned to catch the rushing of wings through the upper air. The demand of surrender was again and again repeated; but Faith had seized on Hope, and Delay was the offspring.

At this juncture of affairs, a sturdy old Missourian approached the brick store, pickaxe in hand, apparently determined to do violence to the sacred depository. One of the sisters in robes of white accosted him, and with proper solemnity made known that the "Lord of the Faithful" had revealed to Joe, the Prophet, that every hand raised against that "holy structure" would instantly be withered. The frontiersman hesitated, but the hardihood characteristic of these men of the rifle returning, he replied, "Well, old gal, I'll go it on one hand any how." The awful blow was struck; the hand did not wither! "I doubles up now," said the daring man, and with both hands inflicted a heavy blow upon a corner brick. It tumbled to the ground, and the building quickly fell under the weight of a thousand vigorous arms. The confidence of the Saints in their Prophet waned, and a surrender followed, Some of the principal men were put in custody, but the main body were permitted to leave the State without farther molestation. We afterwards met many of them with their herds, &c., on the road from Far West to Quincy, Illinois. It was strongly intimated by the planters in that section of country, that these emigrating "saints" found large quantities of the "Lord's corn" on their way, which they appropriated as need suggested to their own and their animals' wants.

The origin of the "Book of Mormon"²⁷ was for some time a mystery. But recent developments prove it to have been written in 1812 by the Rev. Solomon Spaulding, of New Salem, in the state, Ohio. It was composed by that gentleman as a historical romance of the long extinct race who built the mounds and forts which are scattered over the valley States. Mr. Spaulding read the work while composing it to some of his friends, who, on the appearance of the book in print, were so thoroughly convinced of its identity with the romance of their deceased pastor, that search was made, and the original manuscript found among his papers. But there was yet a marvel how the work could have got into the hands of Joe Smith. On further investigation, however, it appeared that the reverend author had entertained thoughts of publishing it; and, in pursuance of his intention, had permitted it to lie a long time in the printing office in which Sidney Rigdon, who has figured so prominently in the history of the Mormons, was at the time employed.²⁸ Rigdon, doubtless, copied poor Spaulding's novel, and with it, and the aid of Joe Smith, has succeeded in building up a system of superstition, which, in vileness and falsehood, is scarcely equalled by that of Mahomet.

Solomon Spaulding was a graduate of Dartmouth College.

On the 30th of May, we found ourselves prepared to move for the Indian Territory.²⁹ Our pack-saddles being girded upon the animals, our sacks of provisions, &c. snugly lashed upon them, and protected from the rain that had begun to fall, and ourselves well mounted and armed, we took the road that leads off south-west from Independence in the direction of Santa Fé.³⁰ But the rains which had accompanied us daily since we left Peoria, seemed determined to escort us still, our ill-natured scowls to the contrary notwithstanding: for we had travelled only three miles when such torrents fell, that we found it necessary to take shelter in a neighbouring schoolhouse for the night. It was dismal enough; but a blazing fire within, and a merry song from a jovial member of our company imparted as much consolation as our circumstances seemed to demand, till we responded to the howling storm the sonorous evidence of sweet and quiet slumber.

The following morning was clear and pleasant, and we were early on our route. We crossed the stream called Big Blue, a tributary of the Missouri,³¹ about twelve o'clock, and approached the border of the Indian domains. All were anxious now to see and linger over every object which reminded us we were still on the confines of that civilization which we had inherited from a thousand generations; a vast and imperishable legacy of civil and social happiness. It was, therefore, painful to approach the last frontier enclosure – the last habitation of the white man – the last semblance of home. At length the last cabin was approached. We drank at the well and travelled on. It was now behind us. All, indeed was behind us with which the sympathies of our young days had mingled their holy memories. Before us were the treeless plains of green, as they had been since the flood – beautiful, unbroken by bush or rock; unsoiled by plough or spade; sweetly scented with the first blossomings of the spring. They had been, since time commenced, the theatre of the Indian's prowess – of his hopes, joys, and sorrows. Here, nations, as the eve of deadly battle closed around them, had knelt and raised the votive offering to Heaven, and implored the favour and protection of the Great Spirit who had fostered their fathers upon the wintry mountains of the North, and when bravely dying, had borne them to the islands of light beneath the setting sun. A lovely landscape this, for an Indian's meditation! He could almost behold in the distance where the plain and sky met, the holy portals of his after-state so mazy and beautiful was the scene!

Having travelled about twenty-five miles over this beautiful prairie, we halted on the banks of a small stream at a place called Elm Grove.³² Here we pitched our tent, tied our horses to stakes, carried for that purpose, and after considerable difficulty having obtained fuel for a fire, cooked and ate for the first time in the Indian Territory.

At this encampment final arrangements were made for our journey over the Prairies. To this end provisions, arms, ammunition, packs and pack-saddles, were overhauled, and an account taken of our common stock of goods for trade with the Indians. The result of this examination was, that we determined to remain here a while, and send back to the Kauzaus Indian mill for two hundred pounds of flour. We were induced to take this step by assurances received from certain traders whom we met coming from the mountains, that the buffalo had not advanced so far north as to furnish us with their fine hump-ribs so early by a week or fortnight as we had expected. Officers were also chosen and their powers defined; and whatever leisure we found from these duties during a stay of two days, was spent in regaling ourselves with strawberries and gooseberries, which grew in great abundance near our camp.