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from drawing his family stores from the quarter-master's department at Vancouver, to re-auditing and changing the values of the certificates of the commissioners appointed to audit the Cayuse war claims, and retaining the same to use for political purposes; the truth being that these claims were used by both parties. Holbrook, the United States attorney, was charged with dishonesty and with influencing both the governor and judges, and denounced as being responsible for many of their acts; a judgment to which subsequent events seemed to give color.

63

At the regular term, court was held in Marion county. Nelson repaired to Salem, and was met by a committee with offensive resolutions passed at a public meeting, and with other tokens of the spirit in which an attempt to defy the law of the territory, as passed at the last session, would be received. Meantime the opposing parties had each had a hearing at

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62 Or. Statesman, Nov. 6, 1852; Id., Feb. 26, 1853. Whether or not this was true, Lane procured an amendment to the former acts of congress in order to make up the deficiency said to have been occasioned by the alteration of the certificates. Cong. Globe, 1852-3, app. 341; 33d Cong., 1st Sess., H. Com. Rept. 122, 4-5.

63 Memorial, in 32d Cong., 1st Sess., H. Misc. Doc. 9, 2; Or. Statesman, May 18, 1852.

The ridicule, however, was not all on one side. There appeared in the Oregonian, and afterward in pamphlet form, with a dedication to the editors of Vox Populi, a satire written in dramatic verse, and styled a Melodrama, illustrated with rude wood-cuts, and showing considerable ability both for composition and burlesque. This publication, both on account of its political effect and because it was the first book written and published in Oregon of an original nature, deserves to be remembered. It contained 32 double-columned pages, divided into five acts. The persons satirized were Pratt, Deady, Lovejoy, King, Anderson, Avery, Waymire, Parker, Thornton, Willson, Bush, Backenstos, and Waterman of the Portland Times. The author was William L. Adams, an immigrant of 1848, a native of Painesville, Ohio, where he was born Feb. 1821. His parents removed to Michigan in 1834. In 1835 Adams entered college at Canton, Ill.; going afterward to Galesburg, supporting himself by teaching in the vacations. He finished his studies at Bethany College, Va, and became a convert to the renowned Alexander Campbell. In 1845 he married Olivia Goodell, a native of Maine, and settled in Henderson County, Ill., from which state he came to Oregon. He taught school in Yamhill county, and was elected probate judge. He was offered a press at Oregon City if he would establish a whig newspaper at that place, which he declined; but in 1858 he purchased the Spectator press and helped materially to found the present republican party of Oregon. He was rewarded with the collectorship at Astoria under Lincoln. Portland West Shore, May, 1876.

POLITICAL ISSUES.

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Washington. The legislative memorial and communications from the governor and secretary were spread before both houses of congress. The same mail which conveyed the memorial conveyed a copy of the location act, the governor's message on the subject, the opinion of Attorney-General Crittenden, and the opinions of the district judges of Oregon. The president in order to put an end to the quarrel recommended congress to fix the seat of government of Oregon either temporarily or permanently, and to approve or disapprove the laws passed at Salem, in conformity to their decision in favor of or against that place for the seat of government. To disapprove the action of the assembly would be to cause the nullification of many useful laws, and to create protracted confusion without ending the political feud. Accordingly congress confirmed the location and other laws passed at Salem, by a joint resolution, and the president signed it on the 4th of May.

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Thus far the legislative party was triumphant. The imported officials had been rebuked; the course of Governor Gaines had been commented on by many of the eastern papers in no flattering terms; and letters from their delegate led them to believe that congress might grant the amendments asked to the organic act, permitting them to elect their governor and judges. The house did indeed on the 22d of June pass a bill to amend, but no action was taken upon it in the senate, though a motion was made to return it, with other unfinished business, at the close of the session, to the files of the senate.

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The difference between the first Oregon delegate and the second was very apparent in the management

32d Cong., 1st Sess., S. Jour., 339; Cong. Globe, 1851-2, 451, 771; 32d Cong., 1st Sess., H. Misc. Doc. 10; 32d Cong., 1st Sess., H. Ex. Doc. 94, 29. 6632d Cong., 1st Sess., H. Ex. Doc. 94, 1-2; and Id., 96, 1-8; Location Law, 1-39. The Location Law is a pamphlet publication containing the documents on this subject.

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Cong. Globe, 1851-2, 1199, 1209; 32d Cong., 1st Sess., S. Jour., 394; Or. Statesman, June 29, 1852; Or. Gen. Laws, 1845-64, 71.

32d Cong., 1st Sess., Cong. Globe, 1851-2, 1594.

of this business. Had Thurston been charged by his party to procure the passage of this amendment, the journals of the house would have shown some bold and fiery assaults upon established rules, and proofs positive that the innovation was necessary to the peace and prosperity of the territory. On the contrary, Lane was betrayed by his loyalty to his perscnal friends into seeming to deny the allegations of his constituents against the judiciary.

The location question led to the regular organization of a democratic party in Oregon in the spring of 1852, forcing the whigs to nominate a ticket. The democrats carried the election; and soon after this triumph came the official information of the action of congress on the location law, when Gaines, with that want of tact which rendered abortive his administration, was no sooner officially informed of the confirmation of the laws of the legislative assembly and the settlement of the seat-of-government question than he issued a proclamation calling for a special session of the legislature to commence on the 26th of July. In obedience to the call, the newly elected members, many of whom were of the late legislative body, assembled at Salem, and organized by electing Deady president of the council, and Harding speaker of the house. With the same absence of discretion the governor in his message, after congratulating them on the settlement of a vexed question, informed the legislature that it was still a matter of grave doubt to what extent the location act had been confirmed; and that even had it been wholly and permanently established, it was still so defective as to require further legislation, for which purpose he had called them together, though conscious it was at a season of the year when to attend to this important duty would seriously interfere with their ordinary avocations; yet he hoped they would be willing to make any reasonable sacrifice for the general good. The defects in the location

act were pointed out, and they were reminded that no sites for the public buildings had yet been selected, and until that was done no contracts could be let for beginning the work; nor could any money be drawn from the sums appropriated until the commissioners were authorized by law to call for it. He also called their attention to the necessity of re-arranging the judicial districts, and reminded them of the incongruous condition of the laws, recommending the appointment of a board for their revision, with other suggestions, good enough in themselves, but distasteful as coming from him under the circumstances, and at an unusual and inconvenient time. In this mood the assembly adjourned sine die on the third day, without having transacted any legislative business, and the seat-of-government feud became quieted for a time.

This did not, however, end the battle. The chief justice refused to recognize the prosecuting attorney elected by the legislative assembly, in the absence of Amory Halbrook, and appointed S. B. Mayre, who acted in this capacity at the spring term of court in Clackamas county. The law of the territory requiring indictments to be signed by this officer, it was apprehended that on account of the irregular proceedings of the chief justice many indictments would be quashed. In this condition of affairs the democratic press was ardently advocating the election of Franklin Pierce, the party candidate for the presidency of the United States, as if the welfare of the territory depended upon the executive being a democrat. Although the remainder of Gaines' administration was more peaceful, he never became a favorite of either faction, and great was the rejoicing when at the close of his delegateship Lane was returned to Oregon ast governor, to resign and run again for delegate, leaving his secretary, George L. Curry, one of the Salem clique, as the party leaders came to be denominated, to rule according to their promptings.

CHAPTER VI.

DISCOVERY OF GOLD IN OREGON.

1850-1852.

POLITICS AND PROSPECTING-IMMIGRATION-AN ERA OF DISCOVERY-EXPLORATIONS ON THE SOUTHERN OREGON SEABOARD THE CALIFORNIA COMPANY-THE SCHOONER 'SAMUEL ROBERTS' AT THE MOUTHS OF ROGUE RIVER AND THE UMPQUA-MEETING WITH THE OREGON PARTYLAYING-OUT OF LANDS AND TOWN SITES-FAILURE OF THE UMPQUA COMPANY-THE FINDING OF GOLD IN VARIOUS LOCALITIES-THE MAIL SERVICE-EFFORTS OF THURSTON IN CONGRESS-SETTLEMENT OF PORT ORFORD AND DISCOVERY OF Coos BAY-THE COLONY AT PORT ORFORDINDIAN ATTACK-THE T'VAULT EXPEDITION-MASSACRE-GOVERNMENT ASSISTANCE.

WHILE politics occupied so much attention, the country was making long strides in material progress. The immigration of 1850 to the Pacific coast, by the overland route alone, amounted to between thirty and forty thousand persons, chiefly men. Through the exertions of the Oregon delegate, in and out of congress, about eight thousand were persuaded to settle in Oregon, where they arrived after undergoing more than the usual misfortunes. Among other things was cholera, from which several hundred died between the Missouri River and Fort Laramie.1 The crowded condition of the road, which was one cause of the pestilence, occasioned delays with the consequent exhaustion of supplies. The famine becoming known in Portland, assistance was forwarded to The Dalles

1 White, in Camp Fire Orations, MS., 9-10; Dowell's Journal, MS., 5; Johnson's Cal. and Ör., 255; Or. Spectator, Sept. 26, 1850.

Says one of the sufferers: 'I saw men who had been strong stout men walking along through the hot desert sands, crying like children with fatigue, hunger, and despair.' Cardwell's Emig. Comp'y, MS., 1.

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