Dr. John McLoughlin, the Father of Oregon Part 5

Hathaway conveyed all his right and t.i.tle to the island to the Oregon Milling Company, a part of the consideration to be paid by a Committee of the Oregon Milling Company in behalf of that Company. Rev. A. F.

Waller is the one first named, of the Committee, in the deed. This deed is recorded at page 52 of Book 2, Record of Deeds of Clackamas County.

This record shows the date of the deed as November 23, 1852. This is evidently an error of the copyist, as to the year. It doubtless was 1842, for Hathaway, by the deed, conveyed all his "right and t.i.tle to the island on which said Company _are now constructing mills_," etc.

This is a very religious deed. Hathaway in this conveyance covenanted to warrant and defend the island against all persons "(the Lord excepted)."

Among the cargo of the Lausanne, which all belonged to the Methodist Mission, was machinery for flour-mills and for saw-mills. The Methodist Mission established both a saw-mill and a grist-mill, run by water-power, near Chemekete (now Salem). These were in operation in 1841. These mills were much nearer the Willamette settlements than Oregon City was. In the Fall of 1842 the Oregon Milling Company had erected a saw-mill on the island, intending to follow it with the erection of a flour-mill. It will be noted that there were then no courts in Oregon, for the Provisional Government was not organized until 1843. Dr. McLoughlin and the Hudson's Bay Company were not under the jurisdiction of the Provisional Government until 1845. In the fall of 1842 Dr. McLoughlin became satisfied that it was the intention of some of the Methodist missionaries to take his land and to deprive him of his water rights. To save his interests he forthwith built a saw-mill on the river bank near the island, and gave notice that he would erect a flour-mill in a short time.

_The Shortess Pet.i.tion._

The enemies of Dr. McLoughlin then determined to send a pet.i.tion to Congress. It is said that this pet.i.tion was drawn by George Abernethy, who then, as steward of the Mission, kept its store at Oregon City, and had charge of all its secular affairs, but that Abernethy was unwilling to have it known that he was connected with the pet.i.tion, so it was copied by a clerk, named Albert E. Wilson. Abernethy wished to appear friendly to Dr. McLoughlin; to act otherwise might hurt the Mission and Abernethy in his business.[39] The first signature to this pet.i.tion was that of Robert Shortess, who arrived in the Willamette Valley in April, 1840. He joined the Methodist Church about 1841. He was then intense in his dislike of the Hudson's Bay Company and its officers. From the fact that he was the first signer, this pet.i.tion is known as the "Shortess pet.i.tion." It was signed by sixty-five persons. Of these about one-third were immigrants of 1842, who had been in the country less than six months. This pet.i.tion is addressed to Congress. It is dated March 25, 1843. It begins with a short statement that the pet.i.tioners have no laws to govern them. That "where the highest court of appeal is the rifle, safety in life and property cannot be depended on." Until these people attempted unfairly to take Dr. McLoughlin's land, the Golden Rule had prevailed and the appeal to the rifle was always "conspicuous by its absence." This pet.i.tion then calls attention to the domination of the Hudson's Bay Company, and its successful opposition to Bonneville and Wyeth, and that that Company formerly would not sell cattle, and its opposition to the loan of cows and the return of the increase, which is true; and that in case of the death of a cow, the settler had to pay--which is false.

This pet.i.tion further sets forth that in 1842 the settlers formed a company for supplying lumber and flour. That they selected an island at the falls of the Willamette. That after commencing they were informed by Dr. McLoughlin that the land was his. This is true, as to the company and the information by Dr. McLoughlin, but false, by indirection, in this, that they knew the island for years had been claimed by him as his property. The pet.i.tion proceeds, "However, he erected a shed on the island, after the stuff was on the island to build a house, and then gave them permission to build under certain restrictions. They took the paper he wrote them containing his conditions, but did not obligate themselves to comply with the conditions, as they did not think his claim just or reasonable." In the latter statement the members of the Oregon Milling Company, who signed the pet.i.tion, stated an estoppel to themselves. They could not enter into possession under conditions and then refuse to abide by them. This was pleading themselves out of Court, not to mention their admitted breach of faith.

This pet.i.tion then mentions the erection of the saw-mill by the Oregon Milling Company and complains of the erection of a mill by Dr.

McLoughlin, and says that he can manufacture lumber cheaper than the Milling Company can. Nevertheless, the Oregon Milling Company succeeded.

This pet.i.tion then goes into puerility about the measurement of wheat by the Hudson's Bay Company, which Dr. White in his report, dated April 1, 1843, to the Commissioner of Indian Affairs, and hereinbefore referred to, says is untrue, for he knows the measure to be exact. This pet.i.tion does not state (which is true) that when Dr. McLoughlin found that wheat weighed more than sixty pounds to the bushel, he raised the price paid to settlers, correspondingly. This pet.i.tion sets forth, however, that Dr. McLoughlin had surveyed his claim, platted it, and called it Oregon City; and that he had given a notice dated January 18, 1843, requiring all persons claiming lots on his land, before February 1, 1843, to apply for a deed, or a bond for a deed, as the case might be, which he would give. Dr. McLoughlin required a payment of five dollars to his attorney for making the deed or bond. As these people were all trespa.s.sers, it would seem that this action of Dr. McLoughlin was a very generous one.

There is a very significant phrase in the Shortess pet.i.tion, which indicates that the conspiracy to deprive Dr. McLoughlin of his land claim had its inception before that time. In this pet.i.tion, after saying that Dr. McLoughlin did not own his Oregon City land claim, it is said "and which we hope he never will own." This phrase is omitted in the copy of the Shortess pet.i.tion in Gray's _History of Oregon_ and in Brown's _Political History of Oregon_.[40] This phrase is referred to in Thurston's speech of December 26, 1850, as justifying his actions in giving Dr. McLoughlin's land claim to Oregon for an university.[41] I shall not discuss some of the allegations of this pet.i.tion, as they are trivial and unimportant. This pet.i.tion was given to W. C. Sutton to be taken to Was.h.i.+ngton. Dr. McLoughlin applied to Shortess for a copy of this pet.i.tion, but the request was refused.

_Land Laws of the Provisional Government._

As I have stated, in July, 1843, the Provisional Government went into effect. Its land laws were purposely framed against Dr. McLoughlin's claim, and in favor of the Methodist Mission. These land laws allowed any person, without regard to citizens.h.i.+p, who was then holding or wished to establish a land claim in Oregon, not exceeding 640 acres, "in a square or oblong form, according to the natural situation of the premises," to have such land claim. Those in possession were allowed one year in which to file a description of the claim in the Recorder's office. Dr. McLoughlin filed his description in 1843. The survey was made by Jesse Applegate in 1843. The record is now in the office of the Secretary of State at Salem, Oregon. In having this survey made Dr.

McLoughlin had it extend only about half way from the falls to the Clackamas River and so as to include not more than six hundred and forty acres. He abandoned that part of his original claim extending between his new north line and the Clackamas River.

Article 4 of these land laws of 1843 was the one intended to deprive Dr.

McLoughlin of his claim. It was as follows: "Art. 4. No person shall be ent.i.tled to hold such a claim upon city or town sites, extensive water privileges, or other situations necessary for the transaction of mercantile or manufacturing operations, to the detriment of the community: _Provided_, that nothing in these laws shall be so construed as to effect _any claim of any mission_ of a religious character, made previous to this time, of an extent of not more than _six miles square_." This land law was amended in July, 1845. The only material change, so far as is necessary for the purposes of this monograph, was that said Section 4 of the land laws of 1843 was repealed. It was after the repeal of the objectionable and unfair Section 4 of the land laws of 1843 that Dr. McLoughlin for himself and the Hudson's Bay Company joined the Provisional Government.

_Dr. McLoughlin's Naturalization._

After Dr. McLoughlin sent his resignation to the Hudson's Bay Company, in 1845, he determined to become a citizen of the United States. In 1845 he consulted with Peter H. Burnett, then Chief-Justice of the Provisional Government, and with Jesse Applegate, about taking the oath of allegiance to the United States, and taking out his first naturalization papers, but Burnett had no authority from the United States, or other jurisdiction, to administer such an oath (or to issue such papers) and so advised Dr. McLoughlin. Although this matter was well known in Oregon, it gave Dr. McLoughlin's enemies a chance to say that he was a British subject, and had not taken the oath of allegiance to the United States, nor applied to become a citizen of the United States. August 14, 1848, the bill establis.h.i.+ng the Territory of Oregon became a law. March 2, 1849, General Joseph Lane, the first Territorial Governor of Oregon, arrived at Oregon City. March 3, 1849, he issued his proclamation a.s.suming charge as governor. Soon after the Territory of Oregon was organized and courts of the United States established. The a.s.signment of Judges to their respective districts was made May 13, 1849. May 30, 1849, Dr. McLoughlin took the oath and made his declaration to become a citizen of the United States, as required by the naturalization law. So he acted with promptness. This was well known in Oregon at the time. Dr. McLoughlin voted at Oregon City at the first general election held in June, 1849, but he did not vote for Thurston as delegate to Congress, which Thurston knew. Under the act of Congress, organizing Oregon as a territory, all aliens who had declared, on oath, their intentions to become citizens of the United States, and taken an oath to support the Const.i.tution of the United States and the provisions of the act establis.h.i.+ng the Territorial Government of Oregon, were ent.i.tled to vote at the first election. Dr. McLoughlin became a citizen of the United States, at Oregon City, September 5, 1851. The naturalization law then allowed an alien to become a citizen of the United States two years after taking the oath and making his declaration, if he had lived in the United States for five years. His witnesses were A. L. Lovejoy, A. A. Skinner, and Theodore Magruder. His admission to citizens.h.i.+p was based on his said oath and declaration of May 30, 1849.

_Conspiracy against Dr. McLoughlin._

It was in 1849 that the conspiracy against Dr. McLoughlin and his land claim began to become effective. In 1846 Governor Abernethy became the sole owner of the Oregon Milling Company and its property on Abernethy Island, Abernethy and his son claiming to own the island, which was then known as "Governor's Island," in supposed compliment to Governor Abernethy. W. P. Bryant, the first Territorial Chief-Justice of Oregon, arrived in Oregon April 9, 1849. May 29, 1849, fifty days after his arrival he purchased all said interests of Gov. Abernethy and son.

Bryant gave his promissory notes to Gov. Abernethy, aggregating $30,000 in princ.i.p.al, as part consideration for the purchase. Bryant also bought from Gov. Abernethy, on time, wheat, flour, and staves for about $2500 and a quant.i.ty of lumber and logs, the value of which I am unable to give. Bryant's judicial district included Oregon City.[42]

In June, 1849, Samuel R. Thurston was elected Territorial Delegate to Congress from Oregon. He arrived in Oregon in the fall of 1847. He was shrewd enough to obtain the support of the Mission Party. He skillfully made his canva.s.s largely against the Hudson's Bay Company. Having the support of the Mission Party, and many of the voters being then in the California mines, Thurston was elected. The vote was as follows: Thurston, 470; Columbus Lancaster, 321; J. W. Nesmith, 106; Joseph L.

Meek, 40; and J. S. Griffin, 8. The most important measure for Oregon was the pa.s.sage of a land law, for no person had or could then obtain a legal t.i.tle to land. It was all owned by the United States except the small portions granted to the Missions. Thurston used his best endeavors to obtain the pa.s.sage of such a bill. But he was anxious for re-election and to ingratiate himself with the Mission Party and the conspirators against Dr. McLoughlin.

_Thurston's Letter to Congress._

Thurston prepared the way, by a letter addressed to the members of the House of Representatives, for introducing into the land bill a section depriving Dr. McLoughlin of his Oregon City claim. This letter contains many false statements. This section is section eleven of the Donation Land Law, which was pa.s.sed without opposition. To this section I shall presently refer.

This letter to the members of the House of Representatives was issued by Thurston at Was.h.i.+ngton, D. C., in the month of May or the early part of June, 1850. Said letter was published in full in the _Oregon Spectator_ of September 12, 1850. Nothing was known in Oregon or California of this letter until late in August or early in September, 1850. As this letter is quite long and relates mostly to the general features of the Oregon Donation Land Bill and the necessity of its pa.s.sage, I have omitted all that part of the letter excepting Thurston's discussion of the eleventh section of that bill, which contains all that part of the letter referring to Dr. McLoughlin and his land claim. In that part of his letter Thurston said:

"I will next call your attention to the eleventh section of the bill, reserving the town site of Oregon City, known as the 'Oregon City Claim.' The capital of our Territory is located here (Oregon City) and here is the county seat of Clackamas County. It is unquestionably the finest water power in the known world; and as it is now, so will remain, the great inland business point for the Territory. This claim has been wrongfully wrested by Dr. McLoughlin from American citizens. The Methodist Mission first took the claim, with the view of establis.h.i.+ng here their mills and Mission. They were forced to leave it under the fear of having the savages of Oregon let loose upon them; and, successively, a number of citizens of our Country have been driven from it, while Dr. McLoughlin was yet at the head of the Hudson's Bay Company, west of the Rocky Mountains. Having at his command the Indians of the country, he has held it by violence and dint of threats up to this time. He had sold lots up to the 4th of March, 1849, worth $200,000. He also has upon it a flouring mill, graineries, two double sawmills, a large number of houses, stores, and other buildings, to which he may be ent.i.tled by virtue of his possessory rights, under the treaty of 1846. For only a part of these improvements which he may thus hold, he has been urged during the past year to take $250,000. He will already have made a half million out of that claim. He is still an Englishman, still connected in interest with the Hudson's Bay Company, and still refuses to file his intentions to become an American citizen, and a.s.signs as a reason to the Supreme Judge of the Territory, that he cannot do it without prejudicing his standing in England. Last summer, he informed the writer of this, that whatever was made out of this claim was to go into the common fund of the Hudson's Bay Company, of which he and other stockholders would share in proportion to their stock; in other words, that he was holding the claim for the benefit of the Company. Now, the bill proposes to reserve this claim; subject to whatever right he may have to it, or any part of it, by virtue of the treaty; and confirms the t.i.tle of all lots sold or donated by him previous to March 4th, 1849. This is designed to prevent litigation.

That day is fixed on, because, on that day, in Oregon City, Governor Lane took possession of the Territory, declaring the laws of the United States in force, and apprising Dr. McLoughlin and all others, that no one had a right to sell or meddle with the Government lands. Dr.

McLoughlin ought to have been made to pay back the $200,000, but not wis.h.i.+ng to create any litigation, the committee concluded to quiet the whole matter by confirming the lots. Having in this way made $200,000, and his possessory rights, if it shall turn out that he lawfully acquired any, being worth $200,000 more, the people of Oregon think our bounty is sufficient to this man, who has worked diligently to break down the settlements ever since they commenced; and they ask you to save their capital, their county seat, and the balance of that n.o.ble water power from the grasp of this British propagandist, and bestow it on the young American generation in Oregon, in the shape of education, upon which you and the whole Country are to rely and to defend and protect the western outposts of this glorious Union. The children of my Country are looking up to you with countenances flas.h.i.+ng eloquence, clamoring to be educated, and asking you, in simple but feeling language, where your charity begins. They call you 'fathers,' and ask you whether you will put the moral weapons of defence in your children's hands in the shape of education, or whether you will deny it to them, and put means into the hands of him who will turn and rend both you and them. They do not doubt your decision, nor do I.

"When the Methodist Missionaries were driven from this claim, they went on the island in the middle of the river, and constructed mills and made other improvements. This island is known as the Abernethy Island, and is of no value, except for the improvements upon it. It consists of about two acres of barren rock. This island was subsequently sold to George Abernethy, and the bill ought to confirm the same to Abernethy or his a.s.signs.--This is a simple act of justice to American citizens, who now have their mills and property staked on those rocks, and which, for a long time, stood the only mills in the valley, where an American could get any grain ground for toll. They are now, with the exception of Dr.

McLoughlin's mills, nearly the only mills in the whole country left standing by the late freshet, and they have been very materially injured. They must be repaired at vast expense, and if they are not, Dr.

McLoughlin will hold, as he has heretofore held, the bread of the people of the Territory in his own fist. Your brethren ask you to confirm their t.i.tle to those rocks, that their property may stand there in safety.

They doubt not your decision. Hence there should be an amendment in the bill to this effect."

It is not true, as a.s.serted by Thurston, that the Methodist Mission first took the "Oregon City claim." It was first taken by Dr.

McLoughlin, as I have shown. If the Methodist Mission ever took, or had any interest in this land claim, it was through a secret agreement or understanding with Waller, or with the Oregon Milling Company, excepting only the lots given to the Mission by Dr. McLoughlin in 1840 and those secured by the Mission under the Articles of Agreement, dated April 4, 1844.[43] Most of the statements, in the parts of this letter just quoted, Thurston knew were false.

Thurston also succeeded in having a proviso added to the fourth section of the bill, skillfully worded, which forbade anyone claiming under the Donation Land Law to claim both under that law and under the treaty of 1846, that treaty providing that possessory rights of British subjects should be respected. As Dr. McLoughlin had declared, in 1849, his intentions to become a citizen and renounced his allegiance to Great Britain, he probably was no longer qualified to claim under the treaty.

But even if he could have claimed under the treaty of 1846, as a British subject, that would not have given him a right to obtain t.i.tle to his land claim under that treaty. It was afterwards held by the Supreme Court of Oregon, in the case of Cowenia v. Hannah, 3 Oregon, 465, and by Judge M. P. Deady, sitting as United States Circuit Judge, in the case of Town v. De Haven, 5 Sawyer, 146, that the stipulation in the treaty of 1846 that the United States would respect the possessory rights of British subjects, was merely a recognition of such possessory rights and conferred no right to, or in the land, and that no means were provided by the Donation Land Law, or otherwise, to obtain t.i.tle or a patent, but a British subject might have a claim against the United States for compensation; that a claim to land, under the treaty, was to be excluded from any rights under the Donation Land Law, and a claim to land, under that law, was a surrender of possessory rights under the treaty.

Unquestionably the Supreme Court of Oregon and Judge Deady were right in their construction of the law, as they found it, as applicable to the points involved in those cases.

Article III of the Boundary Treaty of 1846 is as follows: "In the future appropriation of the territory south of the forty-ninth parallel of north lat.i.tude, as provided in the first article of this treaty, the possessory rights of the Hudson's Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, shall be respected." Good faith, and to carry out the letter and the spirit of this Article III, should have caused Congress to respect these possessory rights of British subjects, so as to make them effective, and especially as they had acquired these rights under the Conventions for joint-occupancy of the Oregon Country. Means should have been provided in the Donation Land Law by which such British subjects "already in the occupation of land"

in Oregon could have acquired the t.i.tle thereto.

In the debate in the House of Representatives, May 28, 1850, on the bill which became the Oregon Donation Land Law, Thurston said:[44] "This company [Hudson's Bay Company] has been warring against our government for these forty years. Dr. McLoughlin has been their chief fugleman, first to cheat our government out of the whole country, and next to prevent its settlement. He has driven men from claims and from the country, to stifle the efforts at settlement. In 1845, he sent an express to Fort Hall, 800 miles, to warn the American emigrants that if they attempted to come to Willamette they would all be cut off; they went, and none were cut off. How, sir, would you reward Benedict Arnold, were he living? He fought the battles of the country, yet by one act of treason forfeited the respect of that country. A bill for his relief would fail, I am sure; yet this bill proposes to reward those who are now, have been, and ever will be, more hostile to our country--more dangerous, because more hidden, more jesuitical. I can refer you to the Supreme Judge of our territory, for proof that this Dr. McLoughlin refuses to file his intention to become an American citizen." Judge Bryant was then in Was.h.i.+ngton, lobbying for the pa.s.sage of the eleventh section of the Donation Land Law, particularly the part giving Abernethy's Island to the a.s.signs of the Milling Company. I have already shown the falsity of these statements of Thurston in his letter and in this speech, by setting forth the truth in this monograph. The mention by Thurston, in his speech, of Benedict Arnold in comparison with Dr.

McLoughlin, was contemptible. It was an insinuation which Thurston should have been ashamed to make.

On September 12, 1850, Dr. McLoughlin published in the _Oregon Spectator_ his answer to some of the statements, or rather misstatements, in Thurston's speech in Congress, May 28, 1850, and in his letter to the House of Representatives. Dr. McLoughlin there said: "What Mr. Thurston means by 'warring against our government for these forty years,' I know not. I am certain, however, that the H. B. Co. had a right to carry on trade under the treaty of joint-occupation of the country--even were we to look no farther for another foundation of the right. I am sure, moreover, that the business of the Company was so managed as to bear the strictest scrutiny, and to be in all respects subservient to the best interests of the country, and the duties of religion and humanity.... But I am described as a 'fugleman' of the Hudson's Bay Company; first to cheat our Government out of the whole country, and next to prevent its settlement. I am an old man, and my head is very white with the frost of many winters, but I have never before been accused as a cheat. I was born a British subject--I have had for twenty years the superintendence of the Hudson's Bay Company's trade, in Oregon, and on the North West Coast; and may be said to have been the representative of British interests in this country; but I have never descended to court popularity, by pandering to prejudice, and doing wrong to any one. I have on the other hand, afforded every a.s.sistance to all who required it, and which religion and humanity dictated; and this community can say if I did so or not.... But, moreover, it is well known that the fact of my having aided in the settlement of this country has been a subject of serious complaints, and grave charges made against me, by subjects of Her Britannic Majesty, during the pending of the boundary question--who seem to have been imbued with the same kind disposition toward their fellow men as Mr.

Thurston.

"Mr. Thurston says, 'In 1845 he [Dr. McLoughlin] sent an express to Fort Hall, eight hundred miles, to warn the immigration that if they attempted to come to the Willamette, they would be all cut off.' This is a calumny as gratuitous as it is unprovoked; but it is with mingled emotions of astonishment and indignation that I have accidentally become acquainted with the contents of another doc.u.ment, ent.i.tled a 'Letter of the Delegate from Oregon to the members of the House of Representatives, in behalf of his const.i.tuents, touching the Oregon Land Bill.' On the back of the only copy sent, is written in the handwriting of Mr.

Thurston--'Keep this still till next mail, when I shall send them generally. The debate on the California Bill closes next Tuesday, when I hope to get it and pa.s.sed--my land bill; keep dark till next mail."

"June 9, 1850. THURSTON.'"

"... In the letter referred to, speaking of Oregon City, he says, 'The Methodist Mission first took the claim with the view of establis.h.i.+ng here their Mills and Mission--they were forced to leave it under the fear of having the savages of Oregon let loose upon them.' This charge is likewise without a fraction of truth, as a few facts will demonstrate.... Mr. Thurston is not ashamed to more than intimate a disposition to 'let loose upon them savages of Oregon.' Mr. Thurston says, 'He has held it by violence and dint of threats up to this time.'--That I have held my claim or any part of it [Dr. McLoughlin's land claim] by violence or threats, no man will a.s.sert, and far less will one be found to swear so, who will be believed on his oath, in a court of justice. I have probably no other enemy than Mr. Thurston, so lost to the _suggestions_ of conscience as to make a statement so much at variance with my whole character. He says that I have realized, up to the 4th of March, 1849, $200,000 from the sale of lots; this is also wholly untrue. I have given away lots to the Methodists, Catholics, Presbyterians, Congregationalists, and Baptists. I have given 8 lots to a Roman Catholic Nunnery, 8 lots to the Clackamas Female Protestant Seminary, incorporated by the Oregon Legislature. The Trustees are all Protestants, although it is well known I am a Roman Catholic. In short, in one way and another I have donated to the county, to schools, to churches, and private individuals, more than three hundred town lots, and I never realized in cash $20,000 from all the original sales I have made. He continues, 'He is still an Englishman, still connected with the Hudson's Bay Company, and refuses to file his intentions to become an American citizen.' If I was an Englishman, I know no reason why I should not acknowledge it; but I am a Canadian by birth, and an Irishman by descent. I am neither ashamed of my birth-place or lineage.... I declared my intention to become an American citizen on the 30th May, 1849, as any one may see who will examine the records of the court, in this place. Mr. Thurston knew this fact--he asked me for my vote and influence. Why did he ask me for my vote if I had not one to give? I voted and voted against him, as he well knew, and as he seems well to remember. But he proceeds to refer to Judge Bryant for the truth of his statement, in which he affirms that I a.s.signed to Judge Bryant, as a reason why I still refuse to declare my intention to become an American citizen, that I cannot do it without prejudicing my standing in England.

I am astonished how the Supreme Judge could have made such a statement!

as he had a letter from me pointing out my intention of becoming an American citizen. The cause, which led to my writing this letter, is that the island, called Abernethy's Island by Mr. Thurston, and which he proposes to donate to Mr. Abernethy, his heirs and a.s.signs, is the same island which Mr. Hathaway and others jumped in 1841, and formed themselves into a joint stock company, and erected a saw and grist mill on it, as already stated. From a desire to preserve peace in the country, I deferred bringing the case to trial, till the government extended its jurisdiction over the country; but when it had done so, a few days after the arrival of Judge Bryant and before the courts were organized, Judge Bryant bought the island of George Abernethy, Esq., who had bought the stock of the other a.s.sociates, and as the Island was in Judge Bryant's district, and as there was only two judges in the Territory, I thought I could not at the time bring the case to a satisfactory decision. I therefore deferred bringing the case forward to a time when the bench would be full.... But Mr. Thurston makes another statement in which there is not more truth. He says, 'Last summer he,'

meaning myself, 'informed the writer of this that whatever was made out of the claim was to go to the common fund of the Hudson's Bay Company, of which he and other stock-holders would share in proportion to their stock; in other words, that he was holding this claim in trust for the Hudson's Bay Company.'... I a.s.sert I never made such a statement to Mr.

Thurston, and I a.s.sert that I hold my claim for myself alone, and that the Hudson's Bay Company, nor no other person or persons, hold or have any interest in it with me.... Can the people of Oregon City and its vicinity believe Mr. Thurston did not know, some months before he left this [territory], that Mr. Abernethy had sold his rights, whatever they were, to Judge Bryant, and therefore proposing to Congress to donate this Island to Mr. Abernethy, his heirs and a.s.signs, was, in fact, proposing to donate it to Judge Bryant, his heirs and a.s.signs."[45]