which could not be met by the American traders, except at a loss. Sometimes more was paid to the Indians for furs than they were worth.

Dr. McLoughlin was the autocrat of the Oregon Country. His allegiance was to his Country and to his Company. He knew the Americans had the legal right to occupy any part of the Oregon Country, and he knew from the directors of his Company, as early as 1825, that Great Britain did not intend to claim any part of the Oregon Country south of the Columbia River. The only fort he established south of the Columbia River was on the Umpqua River. I do not wish to place Dr. McLoughlin on a pedestal, nor to represent him as more than a grand and noble man, ever true, as far as possible, to his Company's interests and to himself. To be faithless to his Company was to be a weakling and contemptible. But he was not a servant, nor was he untrue to his manhood. As Chief Factor he was "Ay, every inch a King," but he was also ay, every inch a man. He was a very human, as well as a very humane man. He had a quick and violent temper. His position as Chief Factor and his continued use of power often made him dictatorial. And yet he was polite, courteous, gentle, and kind, and a gentleman. He was an autocrat, but not an aristocrat. In 1838 Rev. Herbert Beaver, who was chaplain at Fort Vancouver, was impertinent to Dr. McLoughlin in the fort-yard. Immediately Dr. McLoughlin struck Beaver with a cane. The next day Dr. McLoughlin publicly apologized for this indignity.

Punishment of Indians.

The policy of the Company, as well as that of Dr. McLoughlin, was to keep Americans, especially traders, out of all the Oregon Country. The difference was that he believed that they should be kept out only so far as it could be done lawfully. But he did not allow them to be harmed by the Indians, and, if the Americans were so harmed, he punished the offending Indians, and he let all Indians know that he would punish for offenses against the Americans as he would for offenses against the British and the Hudson's Bay Company. Personally he treated these rival traders with hospitality. In his early years in Oregon on two occasions he caused an Indian to be hanged for murder of a white man. In 1829, when the Hudson's Bay Company's vessel, William and Ann, was wrecked on Sand Island, at the mouth of the Columbia River, and a part of her crew supposed to have been murdered and the wreck looted, he sent a well armed and manned schooner and a hundred voyageurs to punish the Indians.

Jedediah S. Smith was a rival trader to the Hudson's Bay Company. In 1828 all his party of eighteen men, excepting four, one of which was Smith, were murdered by the Indians, near the mouth of the Umpqua River. All their goods and furs were stolen. These four survivors arrived at Fort Vancouver, but not all together. They were all at the point of perishing from exhaustion and were nearly naked. All their wants were at once supplied, and they received the kindest treatment. When the first one arrived Dr. McLoughlin sent

Indian runners to the Willamette chiefs to tell them to send their people in search of Smith and his two men, and if found to bring them to Fort Vancouver, and Dr. McLoughlin would pay the Indians; and also to tell these chiefs that if Smith, or his men, was hurt by the Indians, that Dr. McLoughlin would punish them. Dr. McLoughlin sent a strong party to the Umpqua River, which recovered these furs. They were of large value. Smith at his own instance sold these furs to the Hudson's Bay Company, receiving the fair value for the furs, without deduction. Dr. McLoughlin later said of this event that it "was done from a principle of Christian duty, and as a lesson to the Indians to show them they could not wrong the whites with impunity." The effect of this Smith matter was far-reaching and long-continued. The Indians understood, even if they did not appreciate, that the opposition of Dr. McLoughlin to Americans as traders did not apply to them personally.

8

Dunn, in his History of the Oregon Territory, narrates the following incident: "On one occasion an American vessel, Captain Thompson, was in the Columbia, trading furs and salmon. The vessel had got aground, in the upper part of the river, and the Indians, from various quarters, mustered with the intent of cutting the Americans off, thinking that they had an opportunity of revenge, and would thus escape the censure of the

8

John Dunn was an employée of the Hudson's Bay Company. He came from England to Fort Vancouver, in 1830, by sea. He returned to England in 1839 or 1840. The first edition of his history was published in London in 1844.

company. Dr. McLoughlin, the governor of Fort Vancouver, hearing of their intention, immediately despatched a party to their rendezvous; and informed them that if they injured one American, it would be just the same offence as if they had injured one of his servants, and they would be treated equally as enemies. This stunned them; and they relinquished their purpose; and all retired to their respective homes. Had not this come to the governor's ears the Americans must have perished."

In 1842 the Indians in the Eastern Oregon Country became alarmed for the reason that they believed the Americans intended to take away their lands. The Indians knew that the Hudson's Bay Company and its employées were traders and did not care for lands, except as incidental to trading. At this time some of the Indians desired to raise a war party and surprise and massacre the American settlements in the Willamette Valley. This could have been done easily at that time. Through the influence of Dr. McLoughlin with Peopeomoxmox (Yellow Serpent), a chief of the Cayuses, this trouble was averted. In 1845 a party of Indians went to California to buy cattle. An American there killed Elijah, the son of Peopeomoxmox. The Indians of Eastern Oregon threatened to take two thousand warriors to California and exterminate the whites there. Largely through the actions of Dr. McLoughlin the Indians were persuaded to abandon their project.

John Minto, a pioneer of 1844, in an address February 6, 1889, narrated the following incident.

In 1843 two Indians, for the purpose of robbery, at Pillar Rock, in the lower Columbia, killed a servant of the Hudson's Bay Company. One of the Indians was killed in the pursuit. The other was taken, after great trouble. There was no doubt as to his guilt. In order to make the lesson of his execution salutary and impressive to the Indians, Dr. McLoughlin invited the leading Indians of the various tribes, as well as all classes of settlers and missionaries, to be present. He made the arrangements for the execution in a way best calculated to strike terror to the Indian mind. When all was ready, and immediately prior to the execution, with his white head bared, he made a short and earnest address to the Indians, showing them that the white men of all classes, Englishmen, Americans, and Frenchmen, were as one man to punish such crimes. In a technical sense Dr. McLoughlin had no authority to cause Indians to be executed or to compel them to restore stolen goods, as in the William and Ann matter and the Jedediah S. Smith case.

Under the act of Parliament of July, 1821, the courts of judicature of Upper Canada were given jurisdiction of civil and criminal matters within the Indian territories and other parts of America not within the Provinces of Lower or Upper Canada, or of any civil government of the United States. Provisions were made for the appointment of justices of the peace in such territories, having jurisdiction of suits or actions not exceeding two hundred pounds, and having jurisdiction of ordinary criminal offenses. But it was expressly