CHAPTER XLIX.

Message of the Executive Committee.--Observations on the message.-Generosity of the Hudson's Bay Company.-The Methodist Mission.-The Oregon Printing-press Association.-George Abernethy, Esq.

To the Honorable the Legislative Committee of Oregon:

GENTLEMEN,-As the expectation of receiving some information from the United States relative to the adjustment of the claims of that government and of Great Britain upon this country, was the principal cause of the adjournment of this assembly from June last to this day, we feel it our duty to communicate such information as we have been able to collect on the subject, and likewise to recommend the adoption of further measures for the promotion and security of the interests of Oregon.

The lines defining the limits of the separate claims of the United States and Great Britain to this portion of the country had not been agreed upon when our latest advices left the United States, and as far as we can learn, the question now stands in the same position as before the convention in London, in 1818. At that time, the United States government proposed to draw the division line on the forty-ninth parallel of north latitude from the Lake of the Woods to the Pacific Ocean. To this Great Britain would only consent in part, that the line should run on the forty-ninth parallel from the Lake of the Woods to the dividing ridge of the Rocky Mountains; and it was finally agreed upon, between the parties, that all the country lying west of the Rocky Mountains, and on the Pacific Ocean, should, with its harbors, bays, and rivers, remain open for ten years to the vessels, subjects, or citizens of both countries. But it was at the same time expressly understood, that the said agreement was not to be construed to affect or prejudice the claims of either party, or any other power, to any portion of said country. Before this agreement expired, another convention was held in London, in 1827, by the two contracting powers, by which the former treaty was extended, with the provision, that when either of the parties thought fit, after the 20th of October, 1828, to abrogate the convention, they were at liberty to do so, by giving twelve months' notice to the other contracting party; but nothing in the treaty of 1827 was to be construed so as to affect, in any manner,

EWING YOUNG'S ESTATE.

381 the claims which either of the contracting parties, or any other power, might have to any of the country lying west of the Rocky Mountains.

The subject has again been called up for investigation by the two powers, and a negotiation was begun at Washington in the early part of the present year, but was for the time being suspended on account of a disagreement between the parties; and notice of the abrogation of the convention of 1827 had not been given by either party when our latest information left the United States. And we find that after all the negotiations that have been carried on between the United States and Great Britain relative to settling their claims to this country, from October, 1818, up to May, 1844, a period of nearly twenty-six years, the question remains in the following unsettled position, viz. :

Neither of the parties in question claim exclusive right to the country lying west of the Rocky Mountains, between the parallels of forty-two degrees and fifty-four degrees forty minutes north latitude, and bordering on the Pacific Ocean; but one claims as much right as the other, and both claim the right of joint occupancy of the whole without prejudice to the claims of any other state or power to any part of said country.

We have submitted to you this information, gentlemen of the Assembly, for two reasons:—

1st. To correct an error that occurred in our last communication to this body relative to the claims of the United States and Great Britain to this country.

2d. That you may bear in mind, while legislating for the people of Oregon, the position in which this country stands with regard to those claims.

We would advise that provision be made by this body for the framing and adoption of a constitution for Oregon, previous to the next annual election, which may serve as a more thorough guide to her officers, and a more firm basis of her laws. It should be constructed in such a manner as would best suit the local situation of the country, and promote the general interests of the citizens, without interfering with the real or pretended rights of the United States or Great Britain, except when the protection of life and property actually require it.

We would suggest for your information that this government has now in its possession notes given by different individuals residing in the country, amounting to $3,734.26, most of which are already due. These notes are a balance in favor of Ewing Young, of Oregon, deceased, intestate, A. D. 1840, after all legal dues, debts, and damages are paid, that have come to the knowledge of the administrator or Probate Courts of Oregon up to this date. We would, therefore, advise that

these claims should be collected and appropriated to the benefit of the 'country, the government being at all times responsible for the payment of them to those who may hereafter appear to have a legal right to the

same.

We would again call your attention to a measure recommended in our last communication, to wit, the expediency of making provision for the erection of a public jail in this country. Although the community has suffered very little as yet for the want of such a building, and perhaps another year might pass without its being occupied, which it is hoped may be the case, yet we are assured that it is better policy to have the building standing without a tenant than a tenant without the building. And in order to promote industry and the peace and welfare of the citizens of Oregon, this government must be prepared to discountenance indolence, and check vice in the bud.

We would now recommend to your consideration the propriety of making provision for filling public offices which now are or may become vacant by resignation or otherwise, previous to the next annual election.

We would recommend that the act passed by this assembly in June last, relative to blacks and mulattoes, be so amended as to exclude corporal punishment, and require bonds for good behavior in its stead.

We consider it a highly important subject that the executive of this government should have laws which may direct them in settling matters relative to lands reserved by Indians, which have been, or may hereafter be, settled upon by whites.

We would also recommend that provisions be made for the support of lunatics and insane persons in Oregon.

With regard to the state of the treasury, we would refer you to the treasurer's report to this Assembly.

We are informed that the number of immigrants who have come to this country from the United States during the present year amounts to upward of seven hundred and fifty persons.

We would recommend that the act passed last June, defining the northern boundaries of Tualatin and Clatsop counties, be so explained as not to conflict with the act passed in this Assembly in June, 1843, extending the limits of Oregon to fifty-four degrees forty minutes north latitude.

And we would suggest, in conclusion, that to preserve the peace, good order, and kind feeling, which have hitherto existed among the inhabitants of this country, depends very much upon the calm and deliberate judgment of this Assembly, and we sincerely hope that Oregon, by the special aid of Divine Providence may set an unprecedented example to the world of industry, morality, and virtue.

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And although we may now be unknown as a state or power, yet we have the advantages, by the united efforts of our increasing population, in a diligent attention to agriculture, arts, and literature, of attaining, at no distant day, to as conspicuous an elevation as any State or power on the continent of America.

But in order to carry this important measure, and arise to that distinguished station, it becomes the duty of every citizen of this country to take a deep interest in its present and future welfare.

As descendants of the United States and Great Britain, we should honor and respect the countries which gave us birth; and, as citizens of Oregon, we should, by a uniform course of proceeding, and a strict observance of the rules of justice, equity, and republican principles, without party distinction, use our best endeavors to cultivate the kind feeling, not only of our native countries, but of all the powers or states with whom we may have intercourse.

Signed,

OSBORNE RUSSELL,

P. G. STEWART. Executive Committee of Oregon.

Dated, WALLAMET FALLS, Dec. 16, 1844.

To the honor of the country, Peter H. Burnett's negro-whipping law was never enforced in a single instance, against a white or black man,as no officer of the provisional government felt it incumbent upon himself to attempt to enforce it.

The proposed constitutional revision was also strongly recommended by the Executive Committee, and the Legislative Committee went through the farce of calling a convention, and increased the number of representatives, and called it a Legislature. In fact, the whole proceedings seemed only to mix up and confuse the people; so much so, that some doubted the existence of any legal authority in the country, and the leading men of the immigration of 1843 denounced the organization as a missionary arrangement to secure the most valuable farming lands in the country.

The Hudson's Bay Company, under the guidance of James Douglas and P. S. Ogden, carried forward their plans and arrangements by placing men at their posts along the line of the immigrant route, who were doing all they could, by misrepresentation and falsehood, to deceive and rob those who were journeying to this country.

But, says the sycophant, the early settlers of Oregon are greatly indebted to the Hudson's Bay Company for supplies of goods and provisions sent to aid the starving immigrants. General Palmer tells us (page 42) that flour at Fort Hall, when he came along, was twenty dol

lars per one hundred pounds; cattle were from five to twelve dollars per head. They could not be prevailed upon to receive any thing in exchange for their goods or provisions, except cattle or money.

Two to four cows, or two yoke of oxen for a hundred pounds of flour is great generosity, and renders the man who gives his last cow or ox to the company, under great obligations; as much so as the early settlers and the company's servants were in taking care of their cattle for the little milk they could get from them, the company claiming the cow and increase, and pay for any animal lost. This was Hudson's Bay Company's generosity to the early settlers!

They found that through the influence of Burnett, Newell, Pomeroy, and a few other Americans, they could accomplish more than by direct opposition, and therefore began to change their course, and manifest approval of the provisional government; so much so, that Ermatinger, a member of the company, was elected treasurer in 1845, in opposition to P. Foster, who served in 1844.

During the summer of 1844, Rev. George Geary arrived in the country, "clothed with discretionary power," and had the destiny of missionaries, laymen, property, and all, put into his hands. He superseded Mr. Lee. Mr. Hines returned from the Sandwich Islands, and they proceeded at once to dispose of the missionaries and property of the Methodist Mission.

The stations at Clatsop, Nasqualla, and the Dalles were given up. That at the Dalles was sold to the American Board, that on Clatsop to Rev. J. L. Parish, while the station at Nasqualla was abandoned by Rev. J. P. Richmond, who, with Rev. Messrs. Kone and Frost, had become dissatisfied with their Indian missionary labors, and returned to the States. Rev. Messrs. D. Lee and H. K. W. Perkins, Dr. Babcock, and Mr. Brewer had all made up their minds to leave the country.

These missionaries, having enlisted in a cause surrounded, at the time of their engagements, with all the romance of early missionary life in the far west, as soon as they reached their field of labor, had found that romance and real life among the Indians did not accord with the feelings of their proud and supremely selfish hearts. They were not satisfied with silently withdrawing from the country, and encouraging others more capable and better adapted to the missionary work to come to it; but they joined with Dr. White, a bitter enemy of Rev. J. Lee, and succeeded in obtaining the latter gentleman's removal from the superintendency, and, through Rev. Messrs. Geary and Hines, the abandonment of their Indian mission.

As an outside eye-witness of these transactions, we will state frankly our impressions as to the general closing up of the Methodist missionary