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CHAPTER VII.

INDIAN AFFAIRS.

1851.

POLITICS-ELECTION OF A DELEGATE-EXTINGUISHMENT OF INDIAN TITLESINDIAN SUPERINTENDENTS AND AGENTS APPOINTED-KINDNESS OF THE GREAT FATHER AT WASHINGTON—APPROPRIATIONS OF CONGRESS— FRAUDS ARISING FROM THE SYSTEM-EASY EXPENDITURE OF GOVERNMENT MONEY-UNPOPULARITY OF HUMAN SYMPATHY-EFFICIENCY OF SUPERINTENDENT DART-THIRTEEN TREATIES EFFECTED LANE AMONG THE ROGUE RIVER INDIANS AND IN THE MINES-DIVERS OUTRAGES AND RETALIATIONS-MILITARY AFFAIRS-ROGUE RIVER WAR-THE STRONGHOLD-BATTLE OF TABLE ROCK-DEATH OF STUART-KEARNEY'S

PRISONERS.

LANE was not a skilful politician and finished orator like Thurston, though he had much natural ability,1 and had the latter been alive, notwithstanding his many misdeeds, Lane could not so easily have secured the election as delegate to congress. It was a personal rather than a party matter,2 though a party spirit developed rapidly after Lane's nomination, chiefly because a majority of the people were democrats, and

'Gen. Lane is a man of a high order of original genius. He is not selfmade, but God-made. He was educated nowhere. Nobody but a man of superior natural capacity, without education, could have maintained himself among men from early youth as he did.' Grover's Pub. Life, MS., 81. We may hereby infer the idea intended to be conveyed, however ill-fitting the words.

Says W. W. Buck: 'Before 1851 there were no nominations made. In 1851 they organized into political parties as whigs and democrats. Before that men of prominence would think of some one, and go to him and find out if he would serve. The knowledge of the movement would spread, and the foremost candidate get elected, while others ran scattering.' Enterprises, MS., 13.

'Jesse Applegate, who had been mentioned as suitable for the place, wrote to the Spectator March 14th: The people of the southern frontier, of which I am one, owe to Gov. Lane a debt of gratitude too strong for party prejudices to cancel, and too great for time to erase...Rifle in hand he gal

their favorites, Thurston and Lane, were democrats, while the administration was whig and not in sympathy with them.

The movement for Lane began in February, the earliest intimation of it appearing in the Spectator of March 6th, after which he was nominated in a public meeting at Lafayette. Lane himself did not appear on the ground until the last of April, and the news of Thurston's death arriving within a few days, Lane's name was immediately put forward by every journal in the territory. But he was not, for all that, without an opponent. The mission party nominated W. H. Willson, who from a whaling-ship cooper and lay Methodist had come to be called doctor and been given places of trust. His supporters were the defenders of that part of Thurston's policy which was generally condemned. There was nothing of consequence at issue however, and as Lane was facile of tongue and clap-trap, he was elected by a majority of 1,832 with 2,917 votes cast. As soon as the returns were all in, Lane set out again for the mines, where he was just in time to be of service to the settlers of Rogue River Valley.

Immediately upon the passage of an act by congress, extinguishing Indian titles west of the Cascade Mountains in 1850, the president appointed superintendent of Indian affairs, Anson Dart of Wisconsin, who arrived early in October, accompanied by P. C. Dart, his secretary. Three Indian agents were appointed

lantly braved the floods and storms of winter to save our property, wives, and daughters from the rapine of a lawless soldiery,' which statement, howsoever it pictures public sentiment, smacks somewhat of the usual electioneering exaggeration.

He had a particularly happy faculty for what we would call domestic electioneering. He did not make speeches, but would go around and talk with families. They used to tell this story about him, and I think it is true, that what he got at one place, in the way of seeds or choice articles, he distributed at the next place. He brought these, with candies, and always kissed the children.' Strong's Hist. Or., MS., 41.

Lane's Autobiography, MS., 62; Or. Spectator, July 4, 1851; Amer. Almanac, 1852, 223; Tribune Almanac, 1852, 51; Overland Monthly, i. 37.

SUPERINTENDENT AND AGENTS.

207

at the same time, namely: A. G. Henry of Illinois," H. H. Spalding, and Elias Wampole. Dart's instructions from the commissioner, under date of July 20, 1850, were in general, to govern himself by the instructions furnished to Lane as ex-officio superintendent, to be modified according to circumstances. The number of agents and subagents appointed had been in accordance with the recommendation of Lane, and to the information contained in Lane's report he was requested to give particular attention, as well as to the suppression of the liquor traffic, and the enforcement of the penalties provided in the intercourse act of 1834, and also as amended in 1847, making one or two years' imprisonment a punishment for furnishing Indians with intoxicating drink. A feature of the instructions, showing Thurston's hand in this matter, was the order not to purchase goods from the Hudson's Bay Company for distribution among the Indians, but that they be purchased of American merchants, and the Indians taught that it was from the American government they received such benefits. It was also forbidden in the instructions that the company should have trading posts within the limits of United States territory, the superintendent being required to proceed with them in accordance with the terms of the act regulating intercourse with the Indians.

Thurston, who was much opposed to appointing men from the east, wrote to Oregon: 'Dr Henry of Illinois was appointed Indian agent, held on to it a while, drew $750 under the pretence of going to Oregon, and then resigned, leaving the government minus that sum. Upon his resigning Mr Simeon Francis was nominated, first giving assurance that he would leave for Oregon, but instead of doing so he is at home in Illinois.' Or. Spectator, April 10, 1851. 131st Cong., 1st Sess., S. Doc. 52, 1-7, 154–80.

It should be here mentioned, in justice to Thurston, that when the Indian bill was under consideration by the congressional committees, it was brought to his notice by the commissioner, that while Lane had given much information on the number and condition of the Indians, the number of agents necessary, the amount of money necessary for agency buildings, agents, expenses, and presents to the Indians, he had neglected to state what tribes should be bought out, the extent of their territory, what would be a fair price for the lands, to what place they should be removed, and whether such lands were vacant. Thurston furnished this information according to his conception of right, and had the bill framed for the extinguishment of titles in that part of Oregon, which was rapidly filling up with white settlers. See Letter of Orlando Brown, Commissioner, in Or. Spectator, Oct. 31, 1850.

31st Cong., 2d Sess., H. Ex. Doc. 1, 149.

As to the attitude of government toward the Indians there was the usual political twaddle. An important object to be aimed at, the commissioner said, was the reconciling of differences between tribes. Civilized people may fight, but not savages. The Indians should be urged to engage in agricultural pursuits, to raise grain, vegetables, and stock of all kinds; and to encourage them, small premiums might be offered for the greatest quantity of produce, or number of cattle and other farm animals. With regard to missionaries among the Indians, they were to be encouraged without reference to denomination, and left free to use the best means of christianizing. The sum of twenty thousand dollars was advanced to the superintendent, of which five thousand was to be applied to the erection of houses for the accommodation of himself and agents, four thousand for his own residence, and the remainder for temporary buildings to be used by the agents before becoming permanently established. The remainder was for presents and provisions.

There were further appointed for Oregon three commissioners to make treaties with the Indians, John P. Gaines, governor, Alonzo A. Skinner, and Beverly S. Allen; the last received his commission the 12th of August and arrived in Oregon in the early part of February 1851. The instructions were general, the department being ignorant of the territory, except that it extended from the 42d to the 49th parallel, and was included between the Cascade Mountains and the Pacific Ocean. The object of the government it was said was to extinguish the Indian titles, and remove the complaint of the settlers that they could acquire no perfect titles to their claims before the Indians had been quieted. They were advised therefore to treat first with the Indians in the Willamette Valley, and with each tribe separately.1o

10 The maximum price given for Indian lands has been ten cents per acre, but this has been for small quantities of great value from their contiguity to

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They were to fix upon an amount of money to be paid, and agree upon an annuity not to exceed five per cent of the whole amount. It was also advised that money be not employed, but that articles of use should be substituted; and the natives be urged to accept such things as would assist them in becoming farmers and mechanics, and to secure medical aid and education. If any money remained after so providing it might be expended for goods to be delivered. annually in the Indian country. The sum of twenty thousand dollars was to be applied to these objects; fifteen thousand to be placed at the disposal of Governor Gaines, at the sub-treasury, San Francisco, and to be accounted for by vouchers; and five thousand to be invested in goods and sent round Cape Horn for distribution among the Indians. The commissioners were allowed mileage for themselves and secretary at the rate of ten cents a mile, together with salaries of eight dollars a day during service for each of the commissioners, and five dollars for the secretary. They were also to have as many interpreters and assistants as they might deem necessary, at a proper compensation, and their travelling expenses paid."

Such was the flattering prospect under which the Indian agency business opened in Oregon. Truly, a government must have faith in its servants to place such temptations in their way. Frauds innumerable were the result; from five hundred to five thousand dollars would be paid to the politicians to secure an agency, the returns from which investment, with hundreds per cent profit, must be made by systematic peculations and pilferings, so that not one quarter of the moneys appropriated on behalf of the Indians

the States; and it is merely mentioned to show that some important consideration has always been involved when so large a price has been given. It is not for a moment to be supposed that any such consideration can be involved in any purchases to be made by you, and it is supposed a very small portion of that price will be required.' A. S. Loughery, Acting Commissioner, in 31st Cong., 2d Sess., H. Ex. Doc. 1, 147.

1131st Cong., 2d Sess., H. Ex. Doc. 1, 145-51; Hayes' Scraps, iv. 9-10. HIST. OR., VOL. II. 14

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