to settlement. A resolution was adopted by the legislative assemblies of both Oregon and Washington congratulating the people on the creation of the department of Oregon, and on having General Harney, a noted Indian-fighter, for a commander, as also upon the order reopening the country east of the mountains to settlement, harmonizing with the recent act of congress extending the land laws of the United States over that portion of the territories. Harney was entreated by the legislature to extend his protection to immigrants, and to establish a garrison at Fort Boisé. In this matter, also, he received the applause due as much to General Clarke as himself, Clarke having already made the recommendation for a large post between Fort Laramie and Fort Walla Walla, for the better protection of immigrants.38

The stern measures of the army, followed by pacificatory ones of the Indian department, were preparing the Indians for the ratification of the treaties of 1855. Some expeditions were sent out during the winter to chastise a few hostile Yakimas, but no general or considerable uprising occurred. Fortunately for all concerned, at this juncture of affairs congress confirmed the Walla Walla treaties in March 1859, the Indians no longer refusing to recognize their obligations.S At a council held by Agent A. J. Cain with the Nez Percés, even Looking Glass and Joseph declared they were glad the treaties had been ratified; but Joseph, who wished a certain portion of the country set off to him and his children, mentioned this matter to the agent, out of which nearly twenty years later grew another war, through an error of Joseph's son in supposing that the treaty gave him this land."0 The other tribes also signified their satisfaction. Fort Simcoe being evacuated, the buildings, which had cost $60,000, were taken for an Indian agency. A

38 Rept of the Secretary of War, 1858, 413; S. F. Bulletin, Dec. 30, 1858; Or. Laws, 1858-9, iii.; Cong. Globe, 1857-8, app. 560.

39 Puget Sound Herald, April 29, 1859; Or. Argus, April 30, 1859. 40 See Ind. Aff. Rept, 1859, 420.

HARNEY IN COMMAND.

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portion of the garrison was sent to escort the boundary commission, and another portion to establish Harney depot, fourteen miles north-east of Fort Colville," under Major P. Lugenbeel, to remain a standing threat to restless and predatory savages, Lugenbeel having accepted an appointment as special Indian agent, uniting the Indian and military departments in one at this post.

General Harney had nearly 2,000 troops in his department in 1859. Most of them, for obvious reasons, were stationed in Washington, but many of them were employed in surveying and constructing roads both in Oregon and Washington, the most important of which in the latter territory was that known as the Mullan wagon-road upon the route of the northern Pacific railroad survey, in which Mullan had taken part. Stevens, in 1853, already perceived that a good wagon-road line must precede the railroad, as a means of transportation of supplies and material along the route, and gave instructions to Lieutenant Mullan to make surveys with this object in view, as well as with the project of establishing a connection between the navigable waters of the Missouri and Columbia rivers. The result of the winter explorations of Mullan was such that in the spring of 1854 he returned to Fort Benton, and on the 17th of March started with a train of wagons that had been left at that post, and with them crossed the range lying between the Missouri and Bitter Root rivers, arriving at cantonment Stevens on the 31st of the same month. Upon the representation of the practicability of a wagonroad in this region, connecting the navigable waters of the Missouri with the Columbia, congress made an appropriation of $30,000 to open one from Fort Benton to Fort Walla Walla. The troubles of the government with Utah, and the Indian wars of 1855-6

41 Companies A and K, 9th inf., ordered to establish a wintering place and depot for the escort of the N. W. boundary com., reached this place June 20, 1859. A pleasant spot, one mile square, reserved. Sen. Ex. Doc., 52, 36th cong. 1st sess., 271.

and 1858, more than had been expected, developed the necessity of a route to the east, more northern than the route by the South Pass, and procured for it that favorable action by congress which resulted in a series of appropriations for the purpose." The removal of the military interdict to settlement, followed by the survey of the public lands, opened the way for a waiting population, which flowed into the Walla Walla Valley to the number of 2,000 as early as April 1859, and spread itself out over the whole of eastern Washington with surprising rapidity for several years thereafter, attracted by mining discoveries even more than by fruitful soils.**

43

42 Mullan's Military Road Rept, 2-12.

43 Letter of Gen. Harney, in U. S. Mess, and Docs, 1859-60. 96.

"I introduce here a notice of a pioneer and soldier in the Ind. war, whose biography escaped my attention where it should have appeared, in chapter III.

David Shelton, son of Lewis Shelton and Nancy Gladdin, his wife, and grandson of Roderick Shelton and Usley Willard, his wife, of Va, was born in Buncombe co., Va, Sept. 15, 1812, migrating with his parents to Mo. territory in 1819. He married Frances Willson, born in Ky, May 30, 1837, and removed in 1838 to the Platte Purchase, settling near St Joseph, where he lived until 1847, when he emigrated to Oregon, taking up a claim on Sauvé Island, which he sold in 1848, and went to the California gold mines, returning to Portland in 1849, where he remained until 1852, when he removed to W. T. in company with L. B. Hastings, F. W. Pettigrove, Thomas Tallentine, and B. Ross on a small schooner, named the Mary Taylor. Shelton and Ross remained in Olympia until 1853, in which year he settled on Skookum bay, and was appointed one of the three judges of Thurston co., which at that time comprised the whole Puget Sound country. He was elected to first territorial legislature, and introduced the bill organizing Sawamish co. (the name being subsequently changed to Mason), of which he was the first settler. He served in the Indian war of 1855-6, as a lieutenant in Co. F., W. T. vols. Mrs Shelton died April 15, 1887, at the age of 70 years. Shelton was a man of strong convictions, and a power in the community where he lived. His children were Lewis D. W., born in Andrew co., Mo., in 1841; John S. W., born in Gentry co., Mo., in 1844; Levi T., born in Clackamas co., Or., in 1848; Mary E., born in Portland, Or., in 1850; Franklin P., born in Olympia, Or., in 1852; James B., born in Mason co., W. T., in 1855; Joicie A., born in Mason co., W. T., in 1857. Franklin P. died in 1875.

Another pioneer of 1853, Henry Adams, was born in Greenville, Conn., in 1825, came to Cal. in 1849, to Or. in 1850, and to W. T. in 1853, settling at Seattle, where he worked at carpentry. He took a donation claim in 1855 on White river, his present home. He was the first auditor elected in King co., and served as county commissioner.

I. J. Sackman, born near Mansfield, Ohio, in 1830, came to Cal. in 1850, returning home in 1851, but only to emigrate to Seattle, W. T. He engaged iu lumbering at Port Orchard, remaining there until 1877, when he removed to Port Blakely and opened a hotel, which he owns. He married Mrs Phillips, a step-daughter of Capt. Wm Renton, of Port Blakely mills.

CHAPTER VI.

THROUGH FOUR ADMINISTRATIONS.

1855-1867.

PARTY POLITICS-ELECTION OF DELEGATE-MARTIAL LAW-STEVENS CHOSEN DELEGATE-DEATH OF STEVENS-HIS CHARACTER-GOVERNOR MCMULLIN-FRASER RIVER MINING EXCITEMENT-ITS EFFECT ON WASHINGTON -SERVICES OF SECRETARY MASON-GOVERNOR GHOLSON-HENRY M. MCGILL-THE CAPITAL QUESTION-THE UNIVERSITY-GOVERNOR WALLACE-GOVERNOR PICKERING-THE CUSTOM-HOUSE CONTROVERSY-INUNDATION OF PORT ANGELES.

WITH the organization of the territory, the democratic party north of the Columbia had prepared to marshal its ranks and act with the democrats of Oregon wherever they could be mutually helpful in resisting what they denominated the "tyranny of the federal party." It had not succeeded in effecting its object, when it suffered to be elected to congress Columbia Lancaster, whose politics were as nondescript as his abilities were inferior. In 1855 a more thorough party organization was perfected' for the election of a delegate to succeed Lancaster. choice of the convention fell upon J. Patton Anderson, the first United States marshal of the territory, who resigned his office in March with the design of running for delegate, his place being subse

Ebey's Journal, MS., iii. 8.

The

"In the democratic convention on the first ballot Lancaster received 18 votes, but never exceeded that number. Stevens received 13, I. N. Ebey 7, J. P. Anderson 7. Stevens withdrew his name on the 6th ballot, and on the 29th ballot Anderson received 38 votes. Judges Lander and McFadden and H. C. Moseley were balloted for, receiving from 15 to 20 votes each. Olympia Pioneer and Dem., May 12, 1855.

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quently filled by the appointment of George W. Corliss.3

The opposing candidate of the whig party was Judge Strong, Anderson's majority being 176 out of 1,582 votes, 41 of which were cast for a free-soil candidate, Joseph Cushman.

Stevens, while having with him the ultra antiIndian element, had become unpopular in other quarters. His martial-law measure, among others, was severely criticised. Stevens' excuse for it was that only in that way certain white residents of Pierce county having Indian wives could be effectually secured from intercourse with the enemy. In March 1856 the governor caused them to be arrested upon a charge of treason, without the formality of a civil process, and sent to Fort Steilacoom with a request to Colonel Casey to keep them in close confinement." Two law practitioners, W. H. Wallace and Frank Clark of Pierce county, early in April, determining to vindicate the majesty of law, set out for Whidbey Island, where resided Judge Chenoweth, to procure a writ of habeas corpus, when Stevens, equally determined, thereupon proclaimed martial law in Pierce county.

Then followed a performance which for stubborn persistency on both sides was not unlike the Leschi affair. Casey notified the governor that in the case of a writ of habeas corpus being served upon him, he should feel compelled to obey its mandates, whereupon Stevens removed the prisoners to Olympia, out of

3 Corliss came to Salem, Or., about 1852, and thence to Puget Sound. He removed to Las Cruces, Cal., where, on the 16th of Jan. 1864, he was murdered, with his wife, née Lucretia R. Judson, daughter of Peter Judson, and a Mr Shepherd, in his own house, which was burned over their bodies. The murderers were never discovered. Ebry's Journal, MS., vii. 121. It will be remembered that Mr and Mrs Corliss were at the house of I. N. Ebey on the night when he was murdered, but escaped. A strange fate pursued them to the same end. Salem Statesman, Feb. 29, 1864.

Gilmore Hays, W. H. Wallace, George Gibbs, A. A. Denny, and C. C. Hewitt were the other whig candidates. Olympia Pioneer and Democrat, May 12, 1855.

The persons arrested were Lyon A. Smith, Charles Wren, Henry Smith, John McLeod, John McPeel, Henry Murray, and Peter Wilson. Evans' Martial Law, i.