It was in 1829 that Etienne Lucier, one of the Hudson's Bay Company's servants, of whom I have spoken, settled in the Willamette Valley at French Prairie, now in Marion County. Other servants of the Hudson's Bay Company, as their terms of service expired, and a few Americans, had settled at or near French Prairie prior to 1834, so that when the first missionaries came, there was a thriving, although small, settlement near where Jason and Daniel Lee established their first mission in 1834. This mission had no title to the land where the Mission was established, yet its rights were recognized and respected.

In 1829 Dr. McLoughlin for himself took possession of the land and water power at the falls of the Willamette River on the east side of the river at and near what is now Oregon City. In his land claim was the valuable, but small, island containing about four or five acres of available area in low water, and two or three acres in ordinary high water. It was separated from the east bank by a part of the river, in summer not more than forty feet wide; it was situated near the crest of the falls. Its location made it valuable for convenient use of water power. This island was afterwards known. as "Governor's Island," but was called "Abernethy Island" in the Donation Land Law, and is now known by the latter name. This island is now owned by the Portland General Electric Company. It lies partly in the "Basin" at Oregon City. On it is now erected a large wooden building called, by that Company, "Station A." As I have said, in 1825 the Hudson's Bay Company knew that

England did not intend to claim any part of the Oregon Country south of the Columbia River, so it did not want for itself any permanent or valuable improvements in the Willamette Valley.

In 1829 Dr. McLoughlin began the erection of a sawmill at the falls. He caused three houses to be erected and some timbers to be squared for a mill. This work continued until May, 1830. In 1829 the Indians there burned these squared timbers. In 1832 he had a mill-race blasted out of the rocks from the head of the island. It has been asserted that these improvements were made for the Hudson's Bay Company, but were discontinued by it because it did not wish to erect valuable improvements there. But in the McLoughlin Document he says: "I had selected for a claim, Oregon City, in 1829, made improvements on it, and had a large quantity of timber squared." Who ever knew or heard of Dr. McLoughlin telling a lie? That he was a man of the highest honor and truthfulness is established beyond all doubt. This claim was taken by him in the same year that Lucier settled in the Willamette Valley. It is evident that Dr. McLoughlin took this claim, for his old age and for the benefit of himself and children.31 From about 1838 until the passage of the Donation Land Law in 1850, he openly and continuously asserted his right to his land claim, including Abernethy Island. No adverse claim was made until about July, 1840, less than sixty days after the arrival of the ship Lausanne, when certain members of the Methodist Mission began to plan to take these

31 See Document L.

lands and rights from Dr. McLoughlin, and in the end succeeded, but only partially for themselves. Dr. McLoughlin's right to his land claim was as good as that of any other person in Oregon to his own land claim. April 1, 1843, Dr. Elijah White, who came to Oregon in 1837, as a Methodist missionary, but was then United States Sub-Agent of Indian Affairs, in an official report to the Commissioner of Indian Affairs, at Washington, D. C., said of the Shortess petition, to which I shall presently refer: "A petition started from this country today, making bitter complaints against the Hudson's Bay Company and Governor McLoughlin. On reference to it (a copy was denied) I shall only say, had any gentleman disconnected with the Hudson's Bay Company been at half the pains and expense to establish a claim on the Wallamet Falls, very few would have raised any opposition." 32 Under the joint-occupancy every British subject had the same or equal rights in the Oregon Country that a citizen of the United States had.

December 18, 1839, Senator Linn introduced a series of resolutions in the United States Senate, which were referred to a select Committee. March 31, 1840, this Committee reported a substitute. The chief feature was a provision for granting to each male inhabitant of Oregon, over eighteen years of age, one thousand acres of land. December 16, 1841, Senator Linn introduced his famous bill thereafter known as the "Linn Bill," which granted six hundred and forty acres of land to every white male inhabitant of Oregon, of eigh"White's Ten Years in Oregon, p. 200.

32

teen years or over, who should cultivate the same for five years. This bill was favorably reported back to the Senate and subsequently passed the Senate, but failed in the House. The Oregon Donation Land Law was largely based on this bill. In neither the Linn resolution nor in the Linn bill was any difference made between American citizens and British subjects, or other aliens as to the right to take land. The Oregon Donation Land Law of September 27, 1850, applied to every white settler (including aliens) over eighteen years of age then a resident of Oregon, or who should become such a resident prior to December 1, 1850, except Dr. McLoughlin. In case of an alien he must either have made his declaration, according to law, to become a citizen of the United States prior to the passage of the Donation Land Law or do so prior to December 1, 1851. The Linn bill was largely instrumental in causing the early immigrations to Oregon. It was felt by these immigrants that it, or a similar law, was bound to pass Congress. The Oregon Donation Land Law was such a law. Dr. McLoughlin believed that such a bill was bound to become a law.

The Methodist Mission, as a mission, did not, officially, attempt to deprive Dr. McLoughlin of any

of his land. There were some of the missionaries who opposed any such action. But others of them saw that if the Mission obtained any of Dr. McLoughlin's land claim, it would belong to the Mission or to the Church, so they readily proceeded, as individuals, for their own private gain. In 1840, shortly after the arrival of the Lausanne,

Rev. Jason Lee, as Superintendent of the Methodist Mission, appointed Rev. A. F. Waller to labor for the Indians at Willamette Falls and vicinity. The Mission took up a claim of six hundred and forty acres north of Dr. McLoughlin's claim. The Mission's religious work was done by Waller on this claim, where Gladstone Park is now situated, and also at a point on the west bank of the Willamette River opposite Oregon City. At both of these places there were a number of Indians.33 In the summer of 1840 Waller was sent to establish this Mission. Dr. McLoughlin generously assisted the undertaking. He gave the Mission a piece of land in his claim on which to erect a missionhouse; and, at the request of Rev. Jason Lee, the Superintendent of the Mission, Dr. McLoughlin loaned it some of the timbers, which he had caused to be squared, to build the mission-house. Timbers to take the place of those so loaned were never furnished to Dr. McLoughlin, nor were the timbers ever paid for.34 It was soon reported to Dr. McLoughlin that the Methodist Mission would try to take or to jump his claim. He at once (July 21, 1840) notified Jason Lee, Superintendent of the Mission, of the facts: That Dr. McLoughlin had taken possession of this land claim in 1829, and also of his intention to hold this land as a private claim. He gave Lee the general description of the land so claimed by Dr. McLoughlin, viz: "From the upper end of the falls across to the Clackamas river, and down where the Clackamas

"Rev. Dr. H. K. Hines, Missionary History, P. 354.

34 See Document L.