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plans. They succeeded through false and malicious representations by Thurston to Congress, in having a clause inserted in the Oregon donation land law of September 27, 1850, giving Abernethy Island to Abernethy as assignee of the Oregon Milling company, but under another name, and giving to the territory of Oregon the rest of Dr. McLoughlin's land claim, the proceeds from its disposal to be used for the establishment and endowment of a university. Almost all of Dr. McLoughlin's wealth was in this claim and in the mills and other buildings situated on it. Dr. McLoughlin sought redress from Congress, but he was unsuccessful. While he was not actually ousted, he could not move nor sell his mills and other improvements. It resulted in his practical bankruptcy. He died at Oregon City, September 3, 1857, a broken-hearted man, the victim of malice, mendacity and ingratitude. He was buried in the churchyard of St. John's (Catholic) church at Oregon City, where his body has lain ever since. In 1862, the legislature of the state of Oregon restored to Dr. McLoughlin's heirs all of the part of his land claim given to it by the donation land law.

In 1846, Pope Gregory XVI., in appreciation of Dr. McLoughlin's high character and his humanity, made him a knight of St. Gregory the Great, of civil grade.

It is one test of Dr. McLoughlin's high character and of his true worth that now, fifty-three years after his death his name is venerated in Oregon and his memory kept alive, not only by Oregon pioneers and their descendants, but by the people of Oregon as a whole. His full length portrait is hung in the place of honor in the senate chamber of the state capitol among the portraits of former governors of Oregon. His reputation is that of Oregon's greatest citizen, its first ruler whose autocracy was necessary, but kindly, beneficent and efficient, a friend of the poor and distressed, and the savior of the early Oregon pioneers. By common consent, without dispute and without jealousy, he is known as "The Father of Oregon.

FREDERICK V. HOLMAN.

CHAPTER XII

1844-1848.

THE COLONIAL PERIOD-WORKING OF THE PROVISIONAL GOVERNMENT-RIVAL FACTIONS SILENCED BY LAND CLAIMS-TOMAHAWK CLAIM DESCRIPTIONS-TITLES TO LAND CLAIMS PRICES, AND COST OF LIVING FOUNDING RIVAL CITIES, AND HOW THEY STARTED IMPORTATION OF HORSES, CATTLE, SHEEP AND GOATS-FOUNDATION OF THE FRUIT GROWING INTEREST-ORGANIZATION OF AGRICULTURAL SOCIETIES-COMMENCEMENT OF TRADE AND COMMERCE DISCOVERY OF GOLD, AND THE OREGON MINT-BRIEF SKETCHES OF EARLY PIONEERS.

The American colonist in Oregon started with their little Provisional Government in 1843, under the spectral danger of serious trouble from two different, and to them, uncontrollable sources. If the British occupation of the region, in the guise of the Hudson's Bay company, should decide to starve out the Americans, or drive them out through control of the Indians, they would be powerless to offer effective opposition until succor could come from the States-if, indeed, it would come at all. Or if the Indians upon their own initiative should commence a war of extermination, it was easily possible for them to kill every American before help could reach them by either land or sea. Entertaining the opinions, which the great majority of the Americans did, of both British and Catholics, it is not surprising that great danger to the little colony was generally feared, and that the hostile feelings against their supposed enemies have come down to us in the writings and correspondence of the Protestants and Pioneers. History is replete with vast volumes of the experience of mankind showing the bitterness, malignancy and unreason for religious contentions and persecution, so that no apology is necessary for stating frankly that the progress of Oregon as an American Colony was shadowed by two ever-present questions of vital import: First, and greatest of all, was Oregon to be American or British territory? Second, the fear of an Indian uprising instigated by British, or British and Catholic influences. On the first question all the Americans were lined up in solid column to fight a British control of the country.. On the second question all the Americans stood solid to fight the Hudson's Bay Co. and the Indians as a common enemy; but as to Catholic influence on the Indians, the Protestant missionaries alone, feared trouble from that quarter. The mountaineers and old trappers like Joe Meek and Dr. Newell among the Americans did not take much if any interest in the fears of the Protestant missionaries; and did not consider one form of religion better than the other. That these sentiments of nationality and religion had a large influence, and did color the thought and social conditions of the early colonists cannot be doubted, no matter how hard it is to be believed by the people of Oregon in 1912. The correspondence, books and literature of that early day, and of the pioneer survivors of later times clearly show

those feelings and ineradicable prejudices. And it was the greatest good fortune, and never to be forgotten by the Americans, that the power and influence of the Hudson's Bay Company was at that time exercised in Oregon by a man of the highest character for justice and humanity. Had John McLoughlin been anything less than the great man that he was, the American colony would have been starved out, if not otherwise disposed of by native Indian ferocity; and England would have owned and possessed the Oregon Country for all time. The reports of the British Agents Warre, Vavasour, and others, as well as the forced retirement of McLoughlin from the control of the H. B. Co. in Oregon, conclusively show that McLoughlin was condemned by the British management of the Fur Company in London, and by the British Government for permitting and aiding the destitute American immigrants to get a foothold in the country and organizing the Provisional Government. Under such clouds and conditions. as these the Americans hopefully organized the infant state, and proceeded to establish their homes and American institutions in Oregon. To make this beginning at all in the face of all the doubts and uncertainties that surrounded the pioneers, required an amount of faith, confidence and courage that the Oregon citizen of 1912 can but little comprehend. Yet little by little, step by step, so small they would not be counted in this day, the great work of founding a state and establishing civilization, and all that is comprehended in the term, was accomplished.

The first matter that engaged the attention of our Oregon Pioneers was the land-six hundred and forty acres for each head of a family, or for the man able to bear arms and fight Indians. There was no law authorizing it but the law of the Provisional Government, and that had no more authority to dispose of the land than it had to send senators to congress or make treaties with foreign nations. But the land grant was proposed in Senator Linn's bill before Congress, and they expected it to become a law some time. The Provisional Government and everything else was founded on the land. If there had been no chance to get a tract of land for each man or family, the whole pioneer movement would have failed. And the bargain, proposition, or law, whatever it may be called, of those pioneers to grant land to each other as the foundation of their whole scheme for a new state, stands in bold relief as a matter of the most intense interest. The following extract from the land law enacted by the provisional legislature was the statutory authority for the original Oregon land titles:

Art. 1. Any person now holding, or hereafter wishing to establish a claim to land in this territory, shall designate the extent of his claim by natural boundaries, or by marks at the corners, and on the lines of such claim, and have the extent and boundaries of said claim recorded in the office of the territorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim-provided, that those who shall already be in possession of land, shall be allowed one year from the passage of this act, to file a description of his claim in the recorder's office.

Art. 2. No individual shall be allowed to hold a claim of more than one square mile of six hundred and forty acres in a square or oblong form, according to the natural situation of the premises; nor shall any individual be allowed to hold more than one claim at the same time. Any person complying with the pro

visions of these ordinances, shall be entitled to the same recourse against trespass as in other cases by law provided.

Art. 3. No person shall be entitled 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, and to the detriment of the community-provided that nothing in these laws shall be so constructed as to affect any claim of any mission of a religious character, made previous to this time to extent of not more than six miles square.

Approved by the people, July 5, 1843.

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Under this law was taken the titles to the land on which Oregon City, and the City of Portland were taken, and the titles thus initiated were afterwards by Chief Justice Williams of Oregon Territory, U. S. District Justice Deady, and the Supreme Court of the United States affirmed to be good and sufficient titles to the land. As there were no public land or other surveys provided for at that early day, the settlers had to take and describe their lands just as the early settlers in Western Virginia, Pennsylvania, Ohio and Kentucky, took up their lands; that is by Tomahawk" claim surveys. When a man went out and selected his land he took a light axe, or the Indian "tomahawk" and blazed on the trees a line of marks, or "blazes," around his land claim. In the prairie lands he must plant posts at the corners and properly mark them. And these descriptions were recorded in the Provisional Government land records. Some of them are indescribably non-descriptive. Here follows a description of one of these original claims in Washington county twelve miles from the City of Portland, which includes a tract of land now owned by the author of this history.

Description

"Beginning at a point near Reasoner's old blacksmith shop near the mouth of a small kanyon, thence up that kanyon to the head, thence to an oak tree blaized on both sides with a T cut in the north side blaize, thence on a strate line with the head of said kanyon an oak tree to a point intersecting the east line of George Richardson or William Grahams land claim thence south to a point due west of a line that divides the land claim of James Hicklin and Darius Taylor, thence east to where it intersects the meridian line and thence to mouth of said kanyon to place of beginning, being the land claim of Darius Taylor."

Settling the land question was the first and greatest work of the Provisional Government. Then everybody went to work upon their lands, and to a great extent forgot or forgave their disputes about a government. The land law proved to be the great peace-maker of the colony, and showed that the state builders had wrought even wiser than they knew. For, as soon as this law was adopted, every Canadian that had voted against any kind of a government rushed to the Provisional land office to record his claim, or to stake out a new claim; and by so doing he recognized the Provisional Government and from this interest in the land became a supporter of the government.

HOW THE PEOPLE LIVED

The land law having practically, for the present at least, settled and quieted. political discussion, there was nothing left to do but go to work, and this the im

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