# Oregon Historical Quarterly/Volume 23/Number 2

THE QUARTERLY
of the
Oregon Historical Society
VOLUME XXIII NUMBER 2 JUNE, 1922
Copyright, 1921, by the Oregon Historical Society The Quarterly disavows responsibility for the positions taken by contributors to its pages.
THE ORIGIN OF THE PREHISTORIC MOUNDS OF OREGON
By GEORGE WILLIAM WRIGHT, LL.B
It is appropriate to show the probable relationship of the mound builders of Oregon to the primitively ancient people of northeastern Asia and Japan, who existed there prior to the Bronze and Iron Age. In other words, the things exhumed from the Willamette and Calipooia mounds are clearly products of the Neolithic Age; and the skulls and relics therein found indicate a relationship to a people anterior to the modern Mongolian. From Finland to Japan there stretches an almost continuous belt of prehistoric mounds that apparently have no connection with any of the races now occupying that region.
Burial mounds fairly line the way from Tashkend to Semipalatinsk along the fertile irrigated belt which borders Alatau range, and are conspicuous in Mongolia outside of the great Chinese wall not far from Kalgan. Quite similar to those in Mongolia are those south of Lake Balkash, in Turkestan, and similar mounds are to be found around Kiato, the ancient capital of Japan. In Siberia these mounds are called by the present inhabitants "chudski kurgani" or "chudish graves"; the term "chude" indicating a vanished and unknown race. A probable connection of these mounds with the men of the ​stone age is shown by the fact that some of the skulls found in them, notably two from a mound near Kiahkta, south of Lake Baikal, are of the prehistoric rather than of the Mongolian type. Mongolian skulls belong to the brachycephalic type, in which the breadth is more than 80 per cent of the length, but the two mentioned were distinctly dolicho-cephalic type, the breadth being a trifle over 73 per cent only of the length. In the Irkutsk museum may be seen many implements of stone, bone, and of hand-beaten copper ornaments which have been found in the burial mounds of Siberia. Implements of stone, bone, and rude hand-wrought native copper are precisely what was found in the burial mounds of the Calipooia, as will be later shown.
A mound having no bronze or iron implements or coins, and no manufactured article of modern times, having only the products of the stone age, and its builders of an unknown and vanished race, is termed a prehistoric mound, and that is the term to apply to the mounds of Linn county and of the Willamette valley. The museums of Siberia, and particularly that at Vladivostok, are rich in materials taken from the prehistoric burial mounds of that section. All things point to a line of migration open in prehistoric times through Siberia across Bering strait into North America, over which there was free movement both for man and for the unwieldy mammoth, whose remains are found with man's al around the northern hemisphere, from Alaska eastward to Great Britain, and on through northern Europe and Asia back to Alaska. Mounds along the Willamette river and its tributaries, including the Calipooia river, have been known as Indian mounds since the first arrival of white settlers in Oregon, but the Indians here, as well as those in other places, disclaim any knowledge of the origin of the mounds.
​The only inhabitants found here by the white race were uncivilized Indians.
They found no ancient cities of stone or brick, or other structures, such as were found in Arizona, New Mexico, Colorado and Utah. They discovered no mag- nificent ruins of ancient architecture rivaling that of Egypt ; no buried cities with stuccoed walls of once beau- tiful temples ; no pyramids standing out as silent memor- ials of a vanished civilization, as in Mexico, Central America and Peru. They found here Indians, called then the Callapuyas, and others in the Oregon country, apparently a cross between Japanese or northeastern Siberian savages, and some unknown race, and having no knowledge whatever of the mounds which dotted the plains of the Calipooia or of those along the Willamette. At the advent of the white men here the Callapuya In- dians roamed from the headwaters of the Calipooia river in the Cascades in eastern Linn county, to the Great Falls of the Willamette, now the present site of Oregon City. Northward and eastward from the Great Falls were the Chinooks, Cowlitz, Walla Wallas, Chickeeles, Clalams, Nisquallys, Pischoos, Flatheads, Kootamies, Nez Perces, Cayuses, Shoshones, Snakes, Punosh and Boonacks, while along the coast of the Pacific were the Kilamukes and Janocs. Southward from the Callapuyas were the Um- quas, Shastes, Klamets, Lutuans and Poliaks. The Ore- gon country then, in 1842, comprised all the land be- tween the Rocky mountains and the Pacific ocean lying north of the forty-second parallel, and extending to 54 degrees and 40 minutes north latitude, but afterwards reduced by compromise between the United States and Great Britain to the forty-ninth parallel.
From an exhaustive Smithsonian publication edited by Dr. H. C. Yarrow, we learn the mortuary customs of all the Indians of North America, with numerous illus- trations giving pictures of their different modes of burial
but no modern Indians erected mounds to their dead, although many prehistoric burial mounds are found east of the Rocky mountains.
To write of the various prehistoric burial mounds found over the surface of the earth would make several volumes, but this essay is intended only to establish the origin of the prehistoric mounds of Oregon.
The aborigines who built the prehistoric mounds of Siberia and of Japan could easily have come to America by crossing Bering strait, which is only about 30 miles wide between the East Cape of Asia and the Cape of Prince of Wales in North America; and the island of Diomede, situated in Bering strait about half way be- tween the capes, with other smaller islands adjacent, makes the connection practically only a swimming dis- tance for man or beast. Again canoes from Japan have been known to drift to the Pacific coast with the Japa- nese gulf stream, a mighty river of warm water, which plows from near Japan across the Pacific ocean to the Oregon and Alaskan shores. Geologists inform us that not many years ago, where now the northern islands of Japan and the promontory of the Peninsula of Kamchatka nearly connect, there was then solid land which extended by the way of the Aleutian archipelago to North America. I now conclude by pointing out the similarity of the prehistoric mounds of Oregon with those of Siberia and Japan.
Several mounds along the Calipooia and Willamette rivers near Albany have been explored sufficiently to state that they are prehistoric burial mounds. They are not as high as some in Japan or Siberia, but there are prehistoric burial mounds, both in Siberia and in the northern islands of the Japanese empire of the same size and dimensions as found here. The rude stone hoes or wooden implements to dig or convey dirt in the Neolithic age were doubtless one drawback to building mounds of
very great height, and again burial mounds for the ordi- nary chief were not constructed so high as for a king or a mikado. The burial mounds of Oregon are only about four feet above the level and are from 75 to 150 feet in diameter. These mounds in western Oregon were prob- ably much higher when first built, but being composed of the rich soil of the land adjoining, soon settled and the storms of centuries have leveled them to their present low elevation, but the remains therein found prove them to be the burial mound of a chief of the stone age. The fire beds showing remains of ashes and charcoal over the chief skeleton in the mound furnish the reason for the preservation of the skeleton of him in whose honor the mound was erected.
On some of the larger mounds along the Willamette river great fir trees have grown with rings indicating an age of more than 300 years, one in a mound close to the Calipooia river having 275 rings by actual count. To de- scribe one of the burial mounds of the Calipooia will be sufficient to serve as an index of what may be found in others. In one of the mounds up the Calipooia river not far from Albany was found near the center, at the base or extreme bottom, a human skeleton buried in clay and over it the remains of charcoal, ashes, burnt soil, mingled with pieces of burnt or scorched fragments of bone of animals, indicating a sacrificial fire and feast. Some well executed obsidian arrow heads, evidently of the secondary Neolithic age, and several pieces of the antlers of deer were found in the mound, about 15 pieces of native copper beaten thin and rolled into hollow tubes each from two to about four inches long, and with a hole passing through lengthwise, the whole fastened or held together by means of a small buckskin string, there being two strings of these copper ornaments, the whole constituting a double necklace, and while the string in places ​
had decayed, yet where it lay in the copper tubes or beads it is well preserved.
This double necklace must have been a badge of dis- tinction marking this central skeleton as the chief in whose honor the mound and sacrificial fires were made. On the skeleton was found woven matting made of fine strips of bark or some material resembling reeds or cat- tails, while the cross braid was of finer texture and ap- pears to be lake or marsh grass. This matting may have served both as a mattress and as a funeral robe for the body of the deceased. There was evidence also that the body had been dressed in some garment of deer, buf- falo, or bear skin presumably with the hair on, from the amount of short darkish red hair found with the bones, as we concluded if the deceased had been of the hairy Aino tribe of the island of Yezo, he could hardly have had so much hair on his body as was found, and so we attri- bute the hair to that on some dress the deceased had on of deer or buffalo skin at the time of his being de- posited in the grave. There were also found three small sticks, each dressed smoothly and about five inches long, of the size of a lead pencil, pointed on one end, and of light colored wood, and which may have served as fasteners or buttons to hold the folds of the funeral robes together or else to pin the matting closely around the body. They have the appearance somewhat of wooden needles. The most interesting and unusual find was that of a beautiful perfectly constructed canoe paddle, the blade and carved handle being all made of a piece of large bone of some animal. If it was not such a perfect canoe paddle it would be termed a sword or sacrificial knife. The symbol measures 22 inches in length and the blade at the widest place in its middle is nearly four inches ; the thickness at the middle is nearly one inch and it gradually tapers to a thin edge on each side like a dagger. The handle is shaped somewhat like ​
the handle of a dirk or short sword, at the place made for the hand to grasp it is nearly three-fourths of an inch thick and nearly three inches wide, the butt end of the handle being somewhat rounded and on each of the flat sides thereof is carved a design that resembles to some extent a face of Alaskan art. The above articles have been preserved throughout untold centuries, per- haps for a thousand years, by virtue of the burnt clay soil and charcoal overlaying this skeleton. The canoe paddle may have been a personal treasure of the deceased prized as a token in memory of the days when he and his men crossed in their canoes the peaceful Pacific from their homes in Japan and Siberia, via Alaska, to the game-laden paradise of the valley of the Calipooia.
The remains of twelve other skeletons were found in this one mound, but none of them had any ornament or covering of any kind or any semblance of authority, thereby indicating that they may have been the remains of sacrificial victims. They were evidently buried pro- miscuously in the mound but not close to the chief skele- ton. In and on some mounds are found bowls, pestles, paint cups, war clubs, hammers, and ceremonial emblems and other relics, all of stone, while knives, awls, punches, and scrapers, of flint, are found. No coins, or bronze or iron articles of any kind are found in these prehistoric burial mounds, and only such relics as are made of stone, bone, and copper are found, which is proof that the builders were of the stone or Neolithic age of mankind. In the judgment of the writer, the prehistoric mounds of Oregon were built by immigrants from the island of Yezo or from the coast of Siberia. The skulls found in these mounds are of the dolicho-cephalic type, and not of the Mongolian type, but are the probable remains of the old Asiatic race which ancient writers aver were driven by the Mongolians into the northeastern part of Asia .next to Bering strait. Their small stature, only about ​five and one-half feet, as revealed by the skeletons, is further proof of kinship to the Amos or nearby tribes of Kamchatka. All of the relics above mentioned can be seen at the private and free museum at the photograph gallery of James G. Crawford in Albany, Oregon. Not only those but numerous relics from other burial mounds are in Mr. Crawford's museum, and comprise an in- structive study of the prehistoric races. Among the most interesting are emblems of phallic worship also found in the burial mounds of the Willamette valley. The most conspicuous being a Phallus and a Yoni, em- blems of procreation, and earthly symbols of the Sun God, the father of all life, as the devotees of sun worship believe. Phallacism is still a religious faith and now in practice in the remotest parts of India.
NEZ-PERCES
FIRST BOOK:
DESIGNED TOR CHILDREN AND NEW BEGIXNEJIK
CLKUl WATER MJSSION rnc^s.
ETSHIIT TH t SJTSKAI.
A pronounced as & o and n in the following words:-iatbfcr,~ haM, man, what, not and hut.
E pronounced as a m irate and e in men* " as e in we and t in pin.
U as oo in inoon.
The following are pronouced as in Eng- lish: -YBDFGHJKL M N P R S T V W Z.
AT pronounced as i in pine. AU " as ot? in our,
IU " as u in pure. C " as ^ft.
A E I O U Y B C D F G II J K L M N P R S T V
W Z
a c i o u y b c * d f g h j k
Imnprstvwx*
1 234 5 6789 10 11 IS 13 14 15 16 17 IS 19 20 30 ​the handle of a dirk or short sword, at the place made for the hand to grasp it is nearly three-fourths of an inch thick and nearly three inches wide, the butt end of the handle being somewhat rounded and on each of the flat sides thereof is carved a design that resembles to some extent a face of Alaskan art. The above articles have been preserved throughout untold centuries, perhaps for a thousand years, by virtue of the burnt clay soil and charcoal overlaying this skeleton. The canoe paddle may have been a personal treasure of the deceased prized as a token in memory of the days when he and his men crossed in their canoes the peaceful Pacific from their homes in Japan and Siberia, via Alaska, to the game-laden paradise of the valley of the Calipooia.
FIRST BOOK:
DESIGNED FOR CHILDREN AND NEW BEGINNERS
CLEAR WATER
MISSION PRESS
A pronounced as & o and n in the following words:-iatbfcr,~ haM, man, what, not and hut. E pronounced as a m irate and e in men* " as e in we and t in pin.
U as oo in inoon. The following are pronouced as in Eng- lish: -YBDFGHJKL M N P R S T V W Z. AT pronounced as i in pine. AU " as ot? in our, IU " as u in pure. C " as ^ft. A E I O U Y B C D F G II J K L M N P R S T V W Z a c i o u y b c * d f g h j k Imnprstvwx* 1 234 5 6789 10 11 IS
THE HISTORY OF THE OREGON MISSION PRESS
By Howard Malcolm Ballou
II.
   The plates mentioned as illustrating the Pickering alphabet, adopted for the second edition of the Nez-Perces First Book, and the cover of the reading book, were inadvertently omitted from the preceding portion of this article but are here shown.
The writer can find no authority for the statement of Dr. Myron Eells that an eight-page book was printed in 1840. Mr. Rogers' report to the Mission is conclusive that no such book was printed prior to September of that year, and Mr. Walker is authority that the press was not used after the printing of the 52-page book until November, 1842.
It seems most probable that Dr. Eells had in mind the small book of select portions of scripture which Mr. Spalding mentions printing in 1843, of which no copy is known to exist.
At the sixth annual meeting of the Oregon Mission at Waiiletpu, Monday, June 14th, 1841, it was voted :
"Resolve That it be made the duty of the Committee to use their discression as to the finishing the printing office or not, and whether it shall be completed at Clear Water or at any other suitable place, or station, and also for hiring a printer."
The printing of any book for the benefit of the Spokan or Flat Head Indians was much longer delayed, as no other book was printed until December, 1842.
At the annual meeting of the mission at Clear Water, September 2 to 5, 1839, the following assignments had been made:
"Also. That Mr. Walker be appointed to prepare an elementary book in the Spokan language & Mr. Eells his reviewer—
Also. That Mr. Eells be appointed to prepare a small arithmetic & Mr. Walker his reviewer—" ​
Mr. Walker writes to the A. B. C. F. M., in a letter dated Chimakine Plain, Sept. 12, 1839:
"We have not as yet formed an alphabet We are desirious of doing it as soon as we can so that we can be teaching the children The probility is we have all the sounds in the language"
A year later Rev. Gushing Eells informs the Board in a letter dated Tshimakain, Sept. 11, 1840:
"We are now preparing a small book which we hope to have printed and ready for the winter school."
He again writes from Tshimakain, March 8, 1841 :
"The book of which I made mention in my last was prepared and a journey performed to get it printed, but the press and type were in an unfit state for use and the printer fully occupied in superintending the erection of a printing office, and besides the book was not written in a proper form consequently it was not printed."
The book was finally printed in December, 1842, as related by Mr. Spalding to the A. B. C. F. M. from Clear Water, 26 Feb. 1843:
"Mr. Walker arrived the last of Nov & with my poor assistance fitted up the press & printed a small book in the Flat-Head language."
Mr. Walker's account of the printing of the book is found in a letter dated Tshimikain, 28 Feby, 1843 :
"Since you were last written to from this station a small book of sixteen pages has been printed in the native language The type was mostly set by myself The printing of this book detained me at Clear Water about eleven clays You will readily suppose that it was slow work as it was wholly new business both to Mr Spaldnig & myself ^Mr S understood working the press It required no little time to arrange the press as it had been taken clown and laid aside since Mr Hall left the country Among the most difficult things to be done was the making of a new roller which we succeeded in after three or four attempts We not only succeeded in making one but we made a good one.
ETSHIIT
SITSKAI
TIIUI SI AIS
T H L XJ
Sitskaisiilinis'b.
LAPWAl.
1842,
FIRST HOOK.
Key to the
A pronounced as a c o and u in the follow- ing words: father, hall, man, what, men, not and hut.
E pronounced as a in hate.
I as c in we, i in pin and y in
you.
O 4< as o in note.
U " as ti in bull, oo in moon.
JI K L
M
N J> pronounced as in English.
8 T W
AI tf as i in time.
AU as 021 in south.
B D F C R V Z used only in proper
THLU
SITSKAI
TIIUI
SIAIS
THLU
Sitskaisitlinish.
LAPWAl.
Key to the A pronounced as a c o and u in the follow- ing words: father, hall, man, what, men, not and hut. E pronounced as a in hate. I as c in we, i in pin and y in you. O 4< as o in note. U " as ti in bull, oo in moon. JI K L M N J> pronounced as in English. 8 T W AI tf as i in time. AU as 021 in south. B D F C R V Z used only in proper
   The book as you will expect, is very imperfect in every respect but has been of much service We were compelled to press it forward as fast as we could & spent much less time upon it then was desirable & much less then we ought to make it as correct as we might; owing to the lateness of the season It was past the middle of Nov when I left home for Clear Water"
A plate showing two pages of this little 16-page book, the only publication by the missionaries in the Flat Head or Spokane language, photographed in 1892 by Mr. Pilling from the only complete copy known, one in the library of Tualatin Academy and Pacific University, Forest Grove, Oregon, is shown herewith.
Several imperfect copies, consisting of the last twelve pages, are in existence.
The book was printed in signatures of four pages each, and it was Mr. Fillings' impression that the first four pages were a kind of primer and so were probably nearly or quite all distributed quickly to the Indians.
Though the preparation of the Flat Head reading book had been assigned to Mr. Walker at the General Meeting of 1839, and it was set up and printed by him with Mr. Spalding's assistance, the writer feels compelled to attribute the authorship of the book to his coadjutor, Rev. Gushing Eells, after reading a long letter written by Mr. Walker from Tshimakain, Oct. 1841, in which he repeatedly admits the difficulty he finds in acquiring the language and reducing it to writing and in which he says, referring to the harmonious relationship existing between himself and Mr. Eells:
   "But I am happy to say that as a general thing we agree & if there is any point where we have different views we can agree to disagree Probably there is no point where we disagree so much as on the language But here I have given him my full consent to go on & write the language & I will submit & I think I ought to as he has had a better education then I have & is far better acquainted with the phylosophy of language
   I am still very ignorant about the language & am at ​times ready to give it up It will require much hard study before I am able to do anything like preaching
   Nothing has yet been printed in this language & we know not when we shall as we are destitute of a printer"
This opinion is expressed notwithstanding that Dr. Myron Eells does not claim the credit for his father, but says:
   "In 1842, one of sixteen pages in the Spokane language was printed. This was prepared by Messrs. Walker and Eells, chiefly by the former, who may properly hence be called the pioneer book writer of the State of Washington, as Mr. Spalding was of Idaho."
The fifth book printed on the press was an eight-page book of laws.
In a letter to Mr. Greene dated Clear Water, 26 Feb., 1843, Mr. Spalding says:
   "Doct White Agent of Indian affairs in this region, who visited me in Dec. last, expressed himself highly gratified at the prospect of the school & the advancement the people have made in civilization—
   Doct White & party remained with us 8 days laboring with the people Assembled all the chiefs & principal men—proposed a simple code of laws which was unanimously adopted by this people. A principal chief was chosen He is a young man who spent several years in the church mission school at the Red River Thus far the laws promise much good to the nation & important to the Mission. I have printed the laws & introduced them into the school. They were soon committed to memory by hundreds I send you a copy."
It is interesting to notice the spelling of Dr. White's name in these laws as Takta HWAIT (see plate), in accordance with Pickering's rude to use the letters "hw" to represent the sound expressed in English by "wh".
In the same letter Mr. Spalding writes:
   "Having received permission from Messrs Walker & Eells to use the press & paper as I should judge the interest of the School would demand, I have printed the Laws which this people have adopted & am now printing a Hymn-book."
SlHAPlPMIOHAT-upkinih. Wiatwama oka Mr, MAKAI Mr. LASRI^ wah pahlo istmkas mulatkinih. ? - Takim HWAlT-nm hinashmuna wii- kalona mitniolmtuna. Ktino wah LmpWai piaihna utikalo. Kft.ua hincuihfaauafalct*> kmaq titofe&p* Kuna kaua bipania naks M1OIFAT
bears the date 1842, it was commenced so late in December that it could not have been finished until well into 1843. Dr. White and party left on December 20th, so the title page of the book must have been set up between then and January 1st, 1843.
The seventh book printed was the small book of select portions of scripture. No copy of this work is known to exist, so its exact size is unknown, unless it be considered the same as that incorrectly mentioned by Dr. Myron Eells, "another in 1840 of eight pages."
On August 26, 1843, Mr. Spalding thus mentions this book to Mr. Greene :
"My days were spent in preparing & printing (in the press) a small Hymn-book of 32 pages a small book of select portions of scripture is commenced, type partly set, but being not acquainted with the business I make slow work."
The eighth and ninth publications of the mission are thus alluded to by Mr. Spalding from Clear Water, Oct. 17, 1845:
"Last winter, I finished translating the gospel of Matt, which was printed at this place, by a young man from St Louis also a small book in English & Nez- perees."
This young man was Medare G. Foisy, a brief account of whom is related by Mr. Himes in his article, who came across the plains from St. Louis early in 1844.
Mr. Spalding also refers to this vocabulary in a letter dated Clear Water Feb. 3, 1847 :
"I prepared & had printed a small book in Native & English, but it was labor thrown away."
The only copy of this Vocabulary known to the writer belongs to the Oregon Historical Society and consists of 24 pages, with a printed cover, having a calendar for 1845 on the back.
In an inventory of "Property pertaining to the Mis-
sion Station at Lapwai caused to be destroyed, sacrificed or lost in consequence directly or indirectly by the Mas- sacre at Waiilatpu" and sworn to by Mr. Spalding on September 1, 1849, are listed the following supplies of native books:
"400 coppies of Gospel of Matthew not Bound
Native $100 00
300 coppies Small Book English & Native 50 00
200 Elementery Book Native 45 00
300 coppies Hymn Book Native 40 00"
The abandoned printing office is thus described in the same inventory, the press having been removed to the station at The Dalles before the massacre :
"one printing office 28x16 weather boarded, Shingled
Roof
Timber & Framing 92 00
Shingles & Putting on 25 20
Lumber & inclosing 67 50
9 windows with Frames & casings 72 00
3 Doors with do do 17 50
1 Chimney 18 00"
At the Eighth Annual Meeting of the Oregon Mission, at Waiilatpu, commencing on May 9th, 1845, the follow- ing resolutions and assignments relating to translations were passed :
"Resolve. That Dr. Whitman & Mr. Spalding be appointed a committee, to communicate all necessary information, in relation to the translation of the Gospel according to Matthew, in accordance with a letter re- ceived from Rev. Mr Hallock Secty of American Tract Society.
On Motion Mr Spalding was requested to. translate, and prepare for the press, as much of the Acts of the Apostles as may be.
On Motion Mr Walker was requested to translate, and prepare for the press as much of the Gospel according to Matthew as circumstances will admit, and that Mr Eells cooperate with him, in the review.
On Motion Dr Whitman was appointed a Committee to make provision for printing."
MATTHEWNIM TAAISKT.
PRINTED AT THE PRESS OF TIIK
OUKGON MISSION, UNDER
T1IK DIRKC'llON OF
THK AM Kim 'AN
HOARD, C. F.
MISSIONS.
CLEAR WATER:
M. G. FOISY, FRINTSB.
MATTIIEWNIM TAAISKT.
WANAHNA I.
Abia; Abianm raiahi
.1 IMASH hiwash Jesuslautsnma Asa; Chriitpkinih vviautiath kupb.l 8 Aaanm iitiabs autsama Jo- Davidnim miaii# awaka Jeautfjgaphat; JosapbaUmt miahs aut Christ, Abraliautiiifn imabs a- sama Joratii; Joraniiuni miabf waka David. autaama O'/Jae;
2 Abrahamnim miaha atitsa- II O^iaantm mtahs anttama in a Inaaci Igaacnim tuiahs aut-jJoatiiam; Joathttwiiitn tntahs sama Fc6b; Jacybnim marnni- autsaina Achax; Achaznim as aulsama Judas wak aska* mialts autjiania Kzckia;
ma;
Judasnirn
10 F//,eki8inipi iniahs wanfai- ma BIttna8t*s;
is Pharos wah 7*ara, Tharma-jaha autaama Anton; Amonuim pkinih; Phari'snim miahs ayt-fmiahs autsama Josiaa;
" I Josiasmm inamaiaa tut
Ksronr, KKromuini miuiss
sama Jcchoniaa wak nkama,
ama autsama Aram;
4 Aramnim miaba aut^amajka knua Buhylonpa patiahnaa* Amiftadab; Amtnadabnirn rni-jankika iiitinuiia* nhs autsama Nnnnon; NaaJonm ti Ka kaua panabpaikatDF
Sahuonrn iniaha aut8amaLl^koniaiiim iniahs autsama Haqhabkinih; lioo/.ninii^alathfot; Satathielm mrttahs auiMttina Obud Ituthpki* aui^Htna Xorobabcl;
11 Xorobabeltn miaba aut Banm Aliitid; Abiudnim miaha
nih; Obedmrn miahs antsarna
Jonsenint mtahs David) Mihat; Davidnttn Mio-
litttum luinhn tiutsama Solomon, ka yoh awiika iwapna. Urianm ?
kunimpkinib; 7 Salomon
mioha autsama
Uuboamtum
14 Axirtim twiahs Satloc; Sadponim*tniitha autua-
ina auUa'iua
Eiiitdniui minits
Elca^ar,
1 ​sion Station at Lapwai caused to be destroyed, sacrificed or lost in consequence directly or indirectly by the Mas- sacre at Waiilatpu" and sworn to by Mr. Spalding on September 1, 1849, are listed the following supplies of native books:
"400 coppies of Gospel of Matthew not Bound Native $100 00 300 coppies Small Book English & Native 50 00 200 Elementery Book Native 45 00 300 coppies Hymn Book Native 40 00"
The abandoned printing office is thus described in the same inventory, the press having been removed to the station at The Dalles before the massacre :
"one printing office 28x16 weather boarded, Shingled Roof
Timber & Framing 92 00 Shingles & Putting on 25 20 Lumber & inclosing 67 50 9 windows with Frames & casings 72 00 3 Doors with do do 17 50 1 Chimney 18 00"
At the Eighth Annual Meeting of the Oregon Mission, at Waiilatpu, commencing on May 9th, 1845, the follow- ing resolutions and assignments relating to translations were passed :
"Resolve. That Dr. Whitman & Mr. Spalding be appointed a committee, to communicate all necessary information, in relation to the translation of the Gospel according to Matthew, in accordance with a letter re- ceived from Rev. Mr Hallock Secty of American Tract Society.
On Motion Mr Spalding was requested to. translate, and prepare for the press, as much of the Acts of the Apostles as may be.
On Motion Mr Walker was requested to translate, and prepare for the press as much of the Gospel according to Matthew as circumstances will admit, and that Mr Eells cooperate with him, in the review.
On Motion Dr Whitman was appointed a Committee
PRINTED AT THE PRESS OF TIIK OREGON MISSION, UNDER THE DIRECTION OF THE AMERICAN BOARD, C. F. MISSIONS.
CLEAR WATER: M. G. FOISY, Printer.
MATTHEWNIM TAAISKT.
WANAHNA I. Abia; Abianm raiahi .1 IMASH hiwash Jesuslautsnma Asa; Chriitpkinih vviautiath kupb.l 8 Aaanm iitiabs autsama Jo- Davidnim miaii# awaka Jeautfjgaphat; JosapbaUmt miahs aut Christ, Abraliautiiifn imabs a- sama Joratii; Joraniiuni miabf waka David. autaama O'/Jae; 2 Abrahamnim miaha atitsa- II O^iaantm mtahs anttama in a Inaaci Igaacnim tuiahs aut-jJoatiiam; Joathttwiiitn tntahs sama Fc6b; Jacybnim marnni- autsaina Achax; Achaznim as aulsama Judas wak aska* mialts autjiania Kzckia; ma; Judasnirn 10 F//,eki8inipi iniahs wanfai- ma BIttna8t*s; is Pharos wah 7*ara, Tharma-jaha autaama Anton; Amonuim pkinih; Phari'snim miahs ayt-fmiahs autsama Josiaa; " I Josiasmm inamaiaa tut Ksronr, KKromuini miuiss sama Jcchoniaa wak nkama, ama autsama Aram; 4 Aramnim miaba aut^amajka knua Buhylonpa patiahnaa* Amiftadab; Amtnadabnirn rni-jankika iiitinuiia* nhs autsama Nnnnon; NaaJonm ti Ka kaua panabpaikatDF
Sahuonrn iniaha aut8amaLl^koniaiiim iniahs autsama Haqhabkinih; lioo/.ninii^alathfot; Satathielm mrttahs auiMttina Obud Ituthpki* aui^Htna Xorobabcl; 11 Xorobabeltn miaba aut Banm Aliitid; Abiudnim miaha nih; Obedmrn miahs antsarna Jonsenint mtahs David) Mihat; Davidnttn Mio- litttum luinhn tiutsama Solomon, ka yoh awiika iwapna. Urianm ? kunimpkinib; 7 Salomon mioha autsama Uuboamtum 14 Axirtim twiahs Satloc; Sadponim*tniitha autua- ina auUa'iua Eiiitdniui minits
   "By the records of the last meeting of this mission you may have noticed that Mr Walker was appointed to translate, and prepare for the press as much of the gospel according to Matthew as circumstances would admit. Having obtained the assistance of the only indian among those encamped near us competent for the task a commencement was made. Just as the first four Chapters were completed, the teacher left abruptly, to engage in their heathen customs & superstitions. When those were past he was asked to assist again in translating, but excused himself by saying he wished to join a party just about starting to hunt deer. Soon after an indian, by name Garry who was educated at Red River, passed this way.
   Application was made by him to assist in giving to this people a portion of the Holy Scripture. But any expectation that was raised at the time in relation to assistance from him has been disappointed."
This account agrees perfectly with the description given by Dr. Myron Eells to Mr. Pilling, and printed on page 73 of Pilling's Bibliography of the Salishan Languages, of a manuscript of 20 pages, octavo, in his possession in Union City, Washington:
   "Translated from the original Greek by Rev. Elkanah Walker, missionary of the American Board of Commissioners for Foreign Missions, in accordance with a vote of the Oregon mission passed at a meeting held in May, 1845, Jan. 1st, 1846. I copied it from an older manuscript, which I believe my father had, and which I presume has been burned. It contains only chapters 1-3 and chapter 4, verses 1-23. It was never printed, I believe, nor am I aware that the translation was ever finished."
Mr. Spalding labored on his assignment of translating the Acts of the Apostles, as we learn from a letter ​written from Clear Water Jan. 24, 1846, in which he states:
"And 4 or 5 of the only quiet hours in 24 arrive from sunset till 11 oclock at night which last winter I occupied in translating Matthew & this in translating Acts of the Apostles, And so the day ends.
In the midst of cares I am making slow progress in translating the Acts of the Apostles over 20 mostly adults are daily printing & reading the translation in connection with the gospel of Matthew printed at our press last winter."
But the translation, if ever finished, was never printed, for the missionaries voted to abandon the use of the Roman alphabet, as we learn from a letter dated Waiilatpu, June 15, 1847, signed by Mr. Spaulding "on behalf of the members of the mission present."
"It is the opinion of all the members of the mission now present that the Natives do not possess perseverance sufficient to hold them to study a sufficient length of time to enable them to read by the Roman Alphabet. We ^ have come to this conclusion after much labor & experience in teaching in the Roman Alphabet. Consequently we have no encouragement to proceede in our translations. We have no hope that they will be read."
The missionaries state that they have heard of the astonishing success of the Cree syllabic alphabet, and ask that it be sent to them with instructions for its use and advice as to its employment.
The Whitman massacre and the abandonment of the Oregon missions prevented any further translations.
In 1871, the American Bible Society reprinted Spalding's Gospel of Matthew, and it is interesting to note that but one typographical change was indicated in the book sent on as copy (now preserved in the New York Public Library), which was therefore printed exactly as written by Spalding 28 years earlier; whether a tribute to the excellence of his translation or due to
the ignorance of the Nez Perces language on the part of those having the matter in charge, few now are competent to judge.
No mention is made in any of the letters from Mr. Spalding now in the archives of the A. B. C. F. M. in Boston of any of the hymns or translated passages of the Bible, said by Mr. Himes to have been set up and printed by a tramp printer named Turner in 1839.
It is quite possible that all of Mr. Spalding's letters to the Board are not now extant, or that Mr. Spalding did not deem the matter of sufficient importance to mention.
Rev. H. H. Spalding was the author of seven of the eight books printed in Nez Perces, but it must not be inferred from this that his knowledge of the language was superior to that of his associates. On the contrary his brethren held his linguistic capabilities in very low esteem.
Dr. Whitman, writing from Waiilatpu, March 28, 1841., states:
"Mr Smith & Mr Rogers are the best linguists in the Nez Perces language but although Mr R is the best yet he cannot supply Mr S. place in the classification of the language for want of a more extended education. Neither Mr Spalding or myself are properly able to write the language & Mr Gray is far behind. It is our joint opinion that Mr Spalding cannot master it so as to be able to translate, or be relied on for books, or as a standard in any sense."
Rev. A. B. Smith, who seems to have studied the Nez Perces language more scientifically than the other missionaries, sending a long grammar of the language to the A. B. C. F. M. in 1843, says in a letter to Mr. Greene, dated Kamiah, Oregon, Sept. 3d, 1840, regarding Mr. Spalding:
"The views which he formerly entertained respecting the Nez Perces language, he had now found to be incorrect & has given them up. His views were these. That
the language was destitute of regularity, that it was varied without any rule or reason, that it was in vain to attempt to find out its grammatical construction, but we must ourselves settle the language & bring the people to it. Such were the views thrown out at the time of our arrival here. Such notions led Mr Rogers & myself to search into the grammatical construction of the lan- guage & our efforts have been attended with so much success that we have been enabled to find out some of the most important principles of grammatical construc- tion. The construction is indeed intricate, but as to regularity it will not differ by a comparison with other languages. Mr Sp. held on upon his peculiar notions with such a wonderful tenacity, that he would not give up untill long after he found himself far in the rear of every other one who pretended to learn the Nez Perces. He seems to have no taste for philological inquiries."
Mr. Hall, writing to the Rev. Rufus Anderson from
Fort Vancouver, March 15, 1840, says:
"I should have been happy to have done more in this department, and, after the expectations held out by Mr. Spalding, was greatly disappointed in not finding more ready. But I believe Mr. Spalding did not discover, till vrithin the past year, that he knew very little of the lan- guage ; and not then till he saw those who came two years later, going far ahead of him in its acquisition. The book now printing was prepared by Dr. W. Mr. Smith & j.Ir. Rogers, who has, probably, as good if not the best knowledge of the language of any in the mission."
An important misconception has been perpetuated regarding the identity of the press, which is still in ex- istence, and exhibited in the rooms of the Oregon State Historical Society in Portland.
The little press for many years bore a placard claim- ing that it was not only the pioneer press in Oregon, but was also the identical original Hawaiian mission press sent out to the Sandwich Islands in 1819 with the first missionaries in the brig Thaddeus, and first operated there in 1822.
As recently as 1917 a replica of the press was paraded ​
in Honolulu in the Washington's birthday carnival with that statement. Mr. Himes, the curator of the Historical Society, states to the writer that his authority for the assertion is Rev. Myron Eells, "who obtained the state- ment from his father, Rev. Gushing Eells, who had it from Mr. Hall himself, who certainly must have known." Rev. Myron Eells' description of the press is printed in his Marcus Whitman, Pathfinder and Patriot, Seattle : 1909, page 106, as follows :
"In April, 1839, a printing press arrived from the Sandwich Islands, for the benefit of the mission. It was the first one on the Pacific Coast, and on it was done the first printing on the coast. It had been sent by the American Board in 1819 to the Sandwich Islands to be used by the mission there. That was the year when the first missionaries ^were sent to those islands, and, in 1822, their language had been so far reduced to writing that the press came into use. It was the pioneer press there as well as now on the Pacific Coast. It was a Ramage writing, copying and seal press, No. 14. After using it for twenty years the Hawaiian mission had grown so that it needed a larger press, and consequently, the native church at Honolulu bought it, with type, fur- niture, paper and a few other articles, altogether valued at five hundred dollars, and donated it to the Oregon Mission of the American Board. E. 0. Hall, a practical printer, at the Islands, came to Oregon with it. His wife's health was quite poor, and it was hoped that the voyage and change would do her good, and as there was no printer in Oregon, he came also to teach the art of printing. On April 30th Dr. and Mrs. Whitman and Mr. and Mrs. Spalding met it and Mr. and Mrs. Hall at Fort Walla Walla. By common consent it was taken on horse back to Lapwai, where, on the sixteenth of May, it was set up, and on the eighteenth the first proof sheet was struck off. On the twenty-fourth a small booklet of eight pages in Nez Perces was printed."
The statements previously quoted from Messrs. Bingham, Chamberlain and Hall of the Sandwich Islands Mission ought to be sufficient authority to disprove the ​
identity of the Oregon press with the original Sandwich Islands press, but the following arguments may aid.
The serial number 14 borne by the press now in Portland is not a proof of the very early origin of the press, as it can readily be proved not to be, as claimed, the fourteenth press manufactured by Ramage, but only the fourteenth press of that particular small type, which was the third style of press designed by him, patented May 28, 1818, and so not put on the market until the lat- ter part of the first quarter of the last century, certainly too late for it to have been in the worn-out condition that the first Hawaiian press was when sent out by the Thad- deus in 1819.
The writer is informed by Mr. Henry L. Bullen, man- ager of the American Type Founding Company, and librarian of the Typographic Library and Museum at Jersey City, N. J., that during the early years of Ramage's manufacture of presses he did not construct any presses of so small a size, but had constructed hun- dreds of larger presses before he began to make any of the type of the Oregon press.
In a letter dated February 17, 1917, he writes :
"Ramage in the beginning made what is known as a two-pull press, a large wooden press, with stone bed, suitable for newspaper and book work. The area of type covered would be 18x24 in., but press would accommo- date paper Iy 2 in. larger each way. The paper used was usually demy, the size of which is 17^x22^ in. About 1816 Ramage met the growing demand for commercial printing with a foolscap press, the area of type covered, I2y 2 xl6y 2 in., but capable of taking paper 16>^xl8 in. The advertised price of this press in 1845 was $60; doubtless it cost more in 1816. In 1845 he also adver- tised a job press for $30. Of this we have no particu- lars, nor have we seen any.
Doubtless each style of press had its own consecutive series of numbers."
The first Hawaiian press was worn out long before 1839. ​
7
As early as August 18, 1825, the printer at Honolulu, Mr. Loomis, informed the corresponding secretary of the A. B. C. F. M. :
"Our printing press is materially damaged and may fail utterly at any time. The nut in which the screw plays is cracked quite in two."
And on August 20, 1825, Mr. Bingham writes to the same effect:
"The one we now have is so much worn in the screw as to render it impossible to take an even impression; and as the screw is cracked we know not how soon it may become useless."
The second Hawaiian press arrived at Honolulu, March 30, 1828. On June 5, 1828, Mr. Shepard, the newly arrived printer, writing to Mr. Evarts, thus de- scribes the condition of the first press :
"The press itself is in better order than was expected. The crack of the screw is of such a nature as not to injure it materially. It is not, however, sufficiently powerful to do justice to the close heavy forms of Luke ; We have not tried the one received by the Parthian; but intend to put it up soon.
If the Committee decide to send an iron press for the printing of the Scriptures, one of the presses now here might be sent windward. * * * If an iron press should be sent I would recommend either Wells' patent, or that known in New York by the name of Rust's press."
This appeal and others for an iron press clearly indi- cate that the Hawaiian press was one of Ramage's wooden presses.
The printers at Honolulu also made frequent requisi- tions for deniy paper, a size too large to be of use on the press now in Portland.
The writer is assured by Mr. Bullen that the injuries related by the missionaries, as quoted above, are not at all applicable to an iron, arched press such as the one exhibited in Portland, but are such as might befall Ra- mage's first type of wooden press ​es.
On Nov. 23, 1831, the Hawaiian missionaries wrote:
"We have now but one press which can be used to any purpose and Mr. Shepard thinks we ought not to rely upon this, as it may give out."
Again on Oct 10, 1832, they complain:
"The two old presses which we have here were both second hand presses when they were sent out. The one which was first sent is of little use, and the other is liable to fail us."
Rev. A. Bishop, speaking of a new press which had recently arrived, says on Oct. 3, 1832 :
"The press is now in successful operation at Oahu. It is the only good press in the islands, the two old ones are Ramage presses and nearly worn out."
This opinion is confirmed by two of the printers, writing at about the same date. Mr. Rogers, on Octo- ber 2, 1832, and Mr. Shepard on November 12, 1832, say respectively:
"We have but one press fit to do heavy work on the two Rainage press are most worn out."
"We have only one press in which we put any confi- dence for doing good work."
It is evident, seven years after the latest of these reports of the uselessness of the original press, how unlikely it is that such a worn-out article should have been presented to the Oregon mission as any part of a gift valued by them at $500.
The last book to be printed in Honolulu before the arrival of the second press was the Gospel of Luke, printed duodecimo in half-sheets or six pages to the form. It can readily be proved by actual measurement that such a form of six pages could not have been printed on a press which would admit nothing larger than 10x14 inches.
None of the other earlier publications at Oahu exceed the limits of size of the Oregon press, but this was due to a scarcity of paper. In fact, as related in the writer's
9 ​
"History of the Hawaiian Mission Press" as described in a manuscript, "Memorandum of Printing/'preserved in the archives of the Hawaiian Board at Oahu, in two different cases four-page books were arranged to be printed on the same demy sheet with an eight-page book when obliged to use demy paper for that purpose, the six-page form of the two combined books easily exceed- ing the limits of the Oregon press.
Finally, as mentioned, we have the explicit statements already quoted from Messrs. Hall, Chamberlain and Bingham, respectively:
"The press designed to be taken is only a small, hand, card press, which was a donation to the mission and came out with us in the Hellespont."
"We shall send **** a card press, being the one which was sent to this mission some years ago, and for which we have had no use."
"The press was a small Hand press presented to this mission but not in use."
The final history of the press is thus related by Dr. Myron Eells in his book, Marcus Whitman:
"Lapwai remained the home of the press until 1846, and during that time, as near as can now be learned, there were printed an elementary book of twenty pages, another of fifty- two pages of 800 copies, another in 1840 of eight pages, some simple laws adopted through the influence of Dr. E. White, U. S. Sub. Indian Agent, in 1843, a small Nez Perces and English vocabulary, a hymn book, 1842, and a translation of Matthew^ All of these were in Nez Perces language. Dr. Whitman was ap- pointed by the mission to prepare the one of 800 copies, but he was so busy professionally and felt that Messrs. Smith and Rogers were so much better qualified in the language that he employed them to prepare it. The rest were prepared, as far as can be learned, by Mr. Spalding. In 1842 one of sixteen pages in the Spokane language was printed. This was prepared by Messrs. Walker and Eells, chiefly by the former, who may prop- erly hence be called the pioneer book writer of the State of Washington, as Mr. Spalding was of Idaho. Mr. Hall remained in the country until 1840, when he returned ​
to the Sandwich Islands. By that time he had taught Messrs. Spalding and Rogers the art of printing so well that they carried it on with the help of some of the Indians. In 1844 M. G. Foley [sic], an emigrant of that year, was employed to take charge of it, and his name appears as printer on some of the booklets. In 1846, six persons in Salem, Oregon, wished to publish a paper : Daniel Leslie, Joseph Holman, W. H. Wilson, J. B. Mc- Claine and Messrs. Robinson and Judson. They sent A. Hinman to see if the mission press could be obtained. Having interviewed all the missionaries, he obtained it on certain conditions, and packed it on horseback to The Dalles. The conditions were such, hov/ever, that the company declined to accept them., and the press remained at The Dalles until after the Whitman massacre, when, with the consent of Mr. Spalding, Rev. J. S. Griffin took it to his home near Hillsboro, and printed on it eight numbers of the 'Oregon American and Evangelical Unionist/ It remained with Mr. Griffin for a score or so of years, when it was taken to Salem and deposited in the State Historical Rooms. Afterwards the Oregon Historic:; 1 Society obtained it, and removed it to their roorrs for historical relics at Portland, where it now

## . It has not been used since about 1849."

the letters quoted in the preceding article have been cri-efully copied from the originals on file in the archives of the A. B. C. F. M. in Boston. As far as possible all peculiarities of spelling, punctuation and cap- itali2 .ave been retained.
aie~e little publications of the Oregon missionary press must be excessively rare and it is not known how
y are in existence. If collectors or librarians who are the fortunate possessors of any of them would make the fact known to the writer, he would be glad to com- pile and publish a list showing their number and loca- tions.
HOWARD M. BALLOU. Honolulu, Hawaii. ​
DOCUMENTARY
The Case of Robin Holmes vs. Nathaniel Ford
The Quarterly is indebted to Mr. Fred Lockley for the following documentary record of the judicial proceedings in the case in which Robin Holmes, a former negro slave of Nathaniel Ford of Polk County, sued Mr. Ford for the freedom of three of his children. Mr. Lockley in Vol. XVII, pp. 107-115, of The Quarterly first contributed "Some Documentary Records of Slavery in Oregon." Since then in his gleanings of historical data in journeys up and down the State the stock of information pertaining to ex-slaves in Oregon has been constantly added to. He says:
During the pasj 25 years I have met a number of interesting ex-slaves in Oregon. Some years ago I interviewed Lou Southworth near Waldport. He told me of his childhood days as a slave and of his trip to Oregon. A few months ago I interviewed at Albany, Amanda Johnson, who was born at Liberty, Clay County, Missouri, August 30, 1833. When I asked her if she had ever been sold as a slave, she said, "No sir, I was never sold nor bartered for. I was given as a wedding present to my owner's daughter. I belonged to Mrs. Nancy Wilhite. Mrs. Wilhite later married Mr. Corum. When her daughter, Miss Lydia, was married, she gave me to her as a wedding present. I have known seven generations of the family. I had five brothers and six sisters; none of us were sold like common negroes. We were all given away as the different young folks got married. In 1853 my owners came to Oregon. A man offered my master $1,200 for me. I was 19 years old then. My owner said, 'Amanda isn't for sale. She is going across the plains to the Willamette Valley with us. She is like one of the family. I don't care to sell her.' It took us six months to come from Liberty, Missouri, to Oregon City. We reached our destination on September 13, 1853. Lou Southworth, also a slave, crossed the plains the same year I did. So did Benjamin Johnson, another slave, who later became my husband."
On the street in Portland recently, I ​met a white
haired colored man, Benjamin Seals, who as a boy had been a slave.
The records of the case found by Mr. Lockley in the Polk County court house and transcribed by him are as follows:
Territory of Oregon, )
) ss. Polk County, )
The United States of America To Nathaniel Ford, Greeting
You are hereby commanded that you have the bodies of Jenny or Mary Jane Holmes, Roxanna Holmes and James Holmes, by you unlawfully detained, as it is said, by whatsoever name they may be respectively known and called, before the District Court of said County, on the first day of the next term, together with the cause of their, and each of their, caption and detention, to receive what shall then there, by the said Court, be considered in that behalf. And this you shall in nowise emit under the penalty of the law.
Witness John E. Lyle, Clerk of said Court, at the Court house in said County, the 16th day of April A. D. 1 852, By order of the Court. Territory of Oregon ss:
Allowed in open Court this 16th day of April A. D. 1852 on an agreement of facts between the father claiming the above named persons as children and Nathaniel Ford who admits that he detained them at the date of this allowance.
0. C. PRATT,
Atty.
Served this writ by permitting Nathaniel Ford to read it and Driving him a CODV of the within this the 17th day of April A. D. 1852.
W. S. GILLIAM, Sheriff.
Sheriff's fees S2.00
[ENDORSED]
Ex Parte Jenny Holmes and Others A Writ of Habeas Corpus allowed the 16th day of ​April
1852. Returnable before the Dist. Court of Polk County at the next term.
0. C. PRATT, 2. Jud Dist. 0. Territory
HABEAS CORPUS The Territory of Oregon ) District Court of the Unit on the Relation of ) ed States of America for
Robin Holmes ) the Territory of Oregon
vs. ) within and for the County
Nathaniel Ford ) of Polk.
Polk County P.
Nathaniel Ford the respondent in said writ makes the following return thereto, to-wit, That he has the bodies of the said individuals described in said writ in his care and prosession [sic] and under his control, towit Jenny or Mary Jane Holmes, Roxanna Holmes and James Holmes.
That the father and mother of the said Jenny, Roxanna and James, are of the negro race and were the slaves of and owned by this Respondent for many years in the State of Missouri, That the said Jenny, who is now about twelve years of age was born in said State of Missouri, and states the said father and mother were the property of this Respondent, and house, that the said Jenny was the property of this Respondent. That in the year 1844 this Respondent brought the said slaves, father, mother and child, to this territory as his servants and slaves.
That the said James was born in this territory in February 1845, and the said Roxanna somewhere about February 1847 and the parents of the said children were till after the birth of the last child in the possession of this Respondent, as his servants and slaves, and so continued till in or about the year 1849. That about the spring of 1849 the said Robin Holmes the father of said children left this Territory and went to California, and the mother of said children remained at the residence of this Respondent, till the spring of 1850, but not controlled as a slave.
That about the first of March 1850 the said Robin having returned from California, and his said wife having given birth to another child, an agreement was en ​
tered into between the said Robin and the Respondent to the effect following, to wit.
That the said Robin and his wife were to be and remain henceforth free, that they were to take their youngest child and keep it, and that this Respondent were to keep all the rest of said children together with one which has since died, and which was the oldest of the said family of children, and to hold them until they respectively became of age, according to the laws of this Territory, to wit the males twenty years of age and the females eighteen years of age. To hold them not as slaves, but as wards.
That this Respondent has kept the said children at a heavy expense when they were young and their services of very little or no value and now since they have arrived at an age when their services will be of some consequence the Respondent insists that he has a right to retain the said children during their as a part
compensation and remuneration for the expenditures : in their behalf
t this Respondent was advised, after it became sett would not be permitted to be held in this
he the said Robin and his wife and said ouri and there sell them, and might so, but c ot to and that from this fact
r with the fact that said children have always lived with this Respondent, he the Respondent had reason elieve, '.eMcY-i; that the said Robin would have
del agreement, and left said children with til they came of age as aforesaid. And t not only that he has a legal
.,.' ngrii co retain the said children in his but above that it would be far better for said retained by him than placed in the hands of the said Robin, who is poor and ignorant and unfit to - care, custody and bringing up of said children. 1 that he holds said children by no other authority than, that above set forth, and the laws of the land.
NATHANIEL FORD. B. Territory of Oregon, )
) ss. Polk County, )
Nathaniel Ford the above named Respondent being ​
duly sworn doth depose and say that the facts set forth in the foregoing sentences are true.
NATHANIEL FORD.
Subscribed and sworn to in open Court before me this 5th day of April A. D. 1853.
J. E. LYLE, Clerk.
HABEAS CORPUS
Territory of Oregon, ) District Court of the United
) ss. States for the territory of
Polk County, ) Oregon within for the County
of Polk
Nathaniel Ford )
ads )
The Territory of Oregon )
on the Relation of Robin Holmes )
Nathaniel Ford the said Respondent being duly sworn doth depose and say that General Joseph Lane is a material witness for him on the trial of the above entitled cause without whose testimony he cannot safely proceed to the trial thereof as he is advised by James Halabin his counsel to whom he has fully and freely stated his case which advice he truly believes to be true that said Joseph Lane is a resident of Oregon as deponent believes, and is delegate in Congress from this Territory and is now at or near the City of Washington D. C. as deponent believes, though he may now be on his way to Oregon.
And this deponent further says that he expects to prove by said Lane that the said Robin made the agreement set forth in the witness to said writ to wit, that the said Robin and his wife and youngest child were to go free and that this Respondent was to keep the other children of said Robin until they become of age, to wit the females 18 and the males 21 years of age and that deponent knows of no other witness or person by whom he can prove said facts and that he expects said Lane will be in this Territory so that his testimony can be taken by the next term of said Court and that this application is made, not for the purpose of delay merely but that justice may be done.
NATHANIEL ​FORD.
Subscribed and sworn to before me this 16 day of April 1853
J. E. LYLE, Clerk. [ENDORSED] Polk District Court
Nathaniel Ford
The Territory of Oregon
Ex Parte Robin Holmes.
D.
Robin Jttolmes ) District Court of the United States
vs. ) for the County of Polk vs.
Nathaniel Ford ) April 1853
HABEAS CORPUS
Robin Holmes the petitioner in this case respectfully shows r.ncl states to the Court the following answer to said Respondents return to said writ of Habeas Corpus to wit. That some time in the year 1841, Said petitioner and his wife Polly were the slaves of Mayor Whitman a Paymaster in the United States Army in Howard County Missouri and had been the slaves of said Whitman for the space of twelve years next proceeding said last mentioned date. That some time in the year 1841 said petitioner and his wife Polly were taken on a writ of execution by said Respondents, who was then sheriff of said Howard County, and sold at public vender by said Respondent to satisfy certain debts of said Whitmans. That said petitioner and his wife Polly were bid off and purchased at said sale by a merchant then resident of said Howard County whose name is not now remembered by your petitioner. That the next morning after said sale Respondent sent your petitioner to the house of said purchaser to procure a waggon to take your petitioner and his family to the residence of said purchaser. That when your petitioner arrived at the house of said purchaser he was informed by the wife of said purchaser that he had gone away to purchase goods, and that she knew nothing about aforesaid purchase of your petitioner and wife Polly. Your petitioner then returned to the house of said Respondent, and informed him of what had transpired at the house of said purchaser, that said Respondent, replied to your petitioner that the respo ​ndent
had made an arrangement to keep him and his wife Polly and to remain with him. That your petitioner and his wife Polly remained in the service of said Respondent in Howard County aforesaid until the spring of 1844, but does not know positively whether he and his said wife were the property and slaves of the said Respondent or not, but believed at the time that he and his family were the property of Respondent, but now believes from what he has heard respondent say since that they were not the slaves of said Respondent.
That in the spring of 1844, Respondent became very much embarrased in his pecuniary circumstances, and determined to emigrate to Oregon. That Respondent solicited your petitioner and his wife Polly to go with him to Oregon, and represented to your petitioner that Oregon was a free country, that slavery did not exist there, and he did not think it ever would. That Respondent would take your petitioner and his wife Polly to Oregon if your -petitioner and his said wife would on Respondents arrival in Oregon, assist said Respondent to open a farm, and that when your petitioner and wife had assisted said Respondent as aforesaid your petitioner and wife Polly and family should be liberated and discharged absolutely from the service or control of said Respondent. That your petitioner agreed to proposal of Respondent as aforesaid and in pursuance of said agreement came with his wife and said Jenny to Oregon with said Respondent in the year 1844. That your petitioner and family continued in the service of Respondent until the spring of 1849 a period of five years, when your petitioner requested to be discharged from the service of said Respondent. That said Respondent desired your petitioner to go to the Gold mines in California and dig gold for Respondent, with Respondent's son, Mark Ford, who was then in California. And that upon the return of your petitioner, Respondent would comply with his agreement aforesaid as made in the State of Missouri and discharge and liberate your petitioner and family from the service and control of said Respondent, and further that said Respondent would give your petitioner a share of the gold that he might dig in California.
That your petitioner desirous of obtaining his family without difficulty with Respondent, consented to the proposition of Respondent, and in pursuance of the same ​
did go to California in the spring of the year 1849 and worked in the Gold mines for said Respondent under the control and discretion of Mark Ford, aforesaid, until the spring of 1850, when he returned to the house of Respondent in Oregon Territory. That during the time your petitioner was in California aforesaid, he was informed by said Mark Ford that he your petitioner had dug and placed in his (Mark Ford's) for Respondent, about the sum of Nine Hundred Dollars in Gold dust.
That when your petitioner returned in the spring of 1850 as aforesaid Respondent refused to liberate the said Jenny or Mary Jane, Roxanna and James, children of your petitioner and his wife Polly, but permitted your petitioner and his wife and one infant child of your petitioner to leave the service of said Respondent.
That your petitioner did not at that or any other time make an agreement with said Respondent or any one for him, by which said Respondent was to keep said minor children and be entitled to their services until they became of age or for any period of time, but on the contrary claimed that they should be then liberated and delivered to your petitioner, and has ever since sought to obtain the custody and control of said children.
Your petitioner further ansers [sic] and says that Respondent has no legal or equitable right to the service or control of said minor children. That your petitioner dees not know whether said Respondent has ever been advised to take your petitioner and his family back to Missouri and sell them into slavery or not, but he does know and states the fact to be that Respondent has often threatened so to do, for the purpose of deterring your petitioner from seeking to obtain the custody and control of said children as your petitioner believes.
That your petitioner is as well able in a pecuniary point of view to take care of said and raise said children as Respondent, and denies that he is unfit by reason of his poverty and ignorance to have the care and custody of his own children, but on the contrary avers that his character for honesty, society and industry is good, and this he prays may be inquired of by the Court.
his
Robin X Holmes ​mark
Oregon Territory ) Polk County p. )
On this 6th day of April A. D. 1853 Before the undersigned personally appeared Robin Holmes and being by me first duly sworn says that the statements and facts in the foregoing affidavit are true to the best of his knowledge and belief.
Filed in open Court this 6th day of April A. D. 1853.
J. E. LYLE, Clerk, Subscribed and Sworn to before me.
J. E. LYLE, Clerk,
Dist. Court E
[ENDORSED]
Filed in open Court this 6th day of April A. D. 1853.
J. E. LYLE, Clerk.
Know all men by these presents that we Nathaniel Ford as principle and as surity are held and firmly bound unto Robin Holmes of Polk County Oregon Territory in the penal sum of three thousand dollars, to the payment of which will are truly to be made we bind ourselves our heirs executors and administrators firmly by these presents
The conditions of this Bond is such that, whereas a writ of Habeas Corpus, was sent out of the District Court of said County by said Holmes and issued to said Ford to bring up the bodies of three children named in said writ, the children of the said Holmes, and whereas said cause has this day been continued by said Court, and ordered that said children remain in the hands of said Court, till the further order of said Court, and that said Ford with good security give bond in the sum of Three thousand dollars to keep said children within the jurisdiction and subject to the order of the Court, and surrender them up if the Court so order. Now if the said Ford do not remove the said children nor either of them from said jurisdiction of said Court, and if the said Court order him to deliver them up to the said Holmes, and he the said Ford do deliver them up, and obey the order of the Court then this bond to be null and void, otherwise to remain in full force and virtue.
NATHANIEL FORD Seal. ​
[ENDORSED]
In the matter of the application of Robin Holmes for a writ of Habeas Corpus or Bond of N. Ford.
C. Filed this 9th day of April A. D. 1853.
J. E. LYLE, Clerk.
Filed July 1, J. E. LYLE, Clerk
In the matter of the children of Robin Holmes a negro brought before Cyrus Olney Associate justice of the Territory of Oregon at chambers upon a writ of Habeas Corpus directed to Nathaniel Ford. Upon the return of the writ it is ordered that the hearing and determination of the matters arising upon the pleadings and the final disposition of the said children be postponed until and to the next term of the Supreme Court to be held at Salem on the first Monday of December 1853 unless a term of the District Court for the County of Polk shall be sooner held in which event it will stand for hearing and decision at such District Court. And the Chief Justice shall arrive in the territory and appoint a time and place to hear the same before himself prior to the setting of either of said Courts the same shall be heard at such time and place. And in the mean time the saicl child Jenny who has arrived at years of discretion is not awarded into the custody of any person but is left free to remain where she now is or to depart thence at pleasure free from restraint coercion or undue influence, the said Ford and his family being permitted by kind treatment, and not otherwise to induce her to remain with them as her voluntary choice until the hearing or further order. And the said child Roxanna is awarded to the custody of the said Ford until the hearing or further order. And the said child James is awarded to the custody of the said Robin until the hearing or further order. And it is ordered that the said Robin may present himself at the residence of the saicl Ford and thereupon the said Ford or if absent some member of his family shall forthwith and without request deliver to the said Robin the said child James. And at all reasonable times the parents brothers and sisters ​
of the said Roxanna shall have free access to her abstaining from everything calculated to make her discontented. And the said Robin and all others are forbidden to use any influence to induce the said Jenny to leave her present abode or to make her discontented but may apply for other and further order respecting her upon affidavit of restraint authority or any other means than kind treatment being used to induce her to remain. And the said Ford and the said Robin shall in ten days and before they shall be entitled to the children awarded to them respectively enter into bond each to the other with sureties to be approved by the Clerk of the District Court aforesaid and filed in his office in the penal sum of one thousand dollars to produce the said children respectively when and where either of the said Courts or any of the Judges shall order and to abide by and perform all the orders and directions above written and such further orders as" may be made prior to the final hearing. And the parties are permitted to take depositions and also to apply for attachments to enforce these orders and all others that may be made.
CYRUS OLNEY, Associate Justice of Oregon.
Dated at Portland June 24th 1853.
Territory of Oregon on the ) Relation of Robin Holmes ) Supreme Court vs. ) HABEAS CORPUS
Nathaniel Ford )
Respondent )
Washington County ss. Nathaniel Ford the respondent in said writ makes the following return thereto to wit, That he has the bodies of the said children described in said writ in his care and possession and under his control to wit, in the County of Polk in said Territory.
That the father and mother of the said children are of the African or negro race and were the slaves of and owned by the Respondent, for many years in the State of Missouri, where the right to hold slaves exists by the laws of that State. That the said Jenn ​y, who is now
about twelve years of age, was born in said State of Missouri, and whilst the said father and mother were the property of this Respondent, and hence the said Jenny was the property of this Respondent That in the year 1844 this Respondent brought the said slaves father, mother and child, to this territory as his servants and property
That the said James was born in this Territory, in February 1845, and the said Roxanna somewhere about February 1847 and the said parents of the said children were till after the birth of the last mentioned child in the possession of this Respondent as his servants and slaves, and so continued till in or about the year 1849 That about the spring of the year 1849 the said Robin Holmes the father of the said children left this Territory and went to California and the mother of said children remained at the residence of this Respondent, till the spring of the year 1850, but not controlled as a slave.
That about the first of March 1850 the said Robin having returned from California, and his said wife having given birth to another child, an agreement was entered into between the said Robin and this Respondent, to the effect following, to wit:
That the said Robin and his wife were to be and remain henceforth free that they were to take their youngest child, and keep it And that this Respondent was to keep all the rest of the said children (together with one which has since died, and which was the oldest of the said family of children) and to hold them until they respectively became of age according to the laws of this Territory, to wit, the males twenty one years of age and the females eighteen years of age to hold them not as slaves but as wards.
That this Respondent has kept the said children at a heavy expense while they were young and their service of little or no value And now, since they have arrived at an age when their services will be of some benefit the Respondent insists that he has a right to retain the said children during their minority, as a part compensation and remuneration for the expenditures made by him in their behalf.
That this Respondent was advised after it became settled that the people would not be permitted to hold ​
slaves in this territory, to take the said Robin and his wife and said children back to Missouri, and there sell them and he might have done so, but chose not to and that from this fact, together with the fact that said children have always lived with him this Respondent, he the Respondent had reason to believe and did believe that the said Relation, Robin, would have abided by his said agreement, and left said children with this Respondent until they should have become of age as aforesaid.
And the Respondent insists that he has, not only a legal and an equitable right to retain the said children in his possession but also that it would be far better for said children to be so retained by him the Respondent than placed in the hands of the said Robin who is poor and ignorant and unfit to have the care and custody and bringing up of said children.
And this Respondent further says that the said children have always i>een well and kindly treated and used by the Respondent and his family But that the said Robin is somewhat harsh and his wife is very cruel to their children.
And this Respondent further says he holds said children by no other authority than that above set forth.
And this Respondent further says that proceeding on Habeas Corpus in the above matter was heretofore commenced in the District Court for the County of Polk wherein the Honorable M. P. Dady and A. G. P. Wood Esq. were counsel for the Relation, and the Honorable Cyrus Olney and James Malabin were counsel for this Respondent and that at the last terms of said District Court an issue of fact was formed in said proceeding And an order was made in said matter by said District Court continuing said cause for the purpose of taking testimony upon the issue therein raised And this Respondent then expected that said testimony would have been taken and said matter have been decided before this time without subjecting him to the additional expense of another similar proceeding.
And this Respondent further says that he intended to have brought the said writ in this cause served on him with him to return the same to this Honorable Court, and had the same together with other papers which he wanted to use at the Surveyor Generals office in his coat pocket, but in changing coats he forgot to take out the ​
said papers and they were thus unintentionally all left at the Respondents residence in Polk County aforesaid But Respondent believes that the copy of said writ, be among the return of B. F. Nichols Sheriff, and is now on file in this Court is a true copy of said writ. And the Respondent consents that the said copy be in all things treated as the original writ.
And this Respondent further states that it is some sixty miles from here to his the Respondents place of Residence that the distance was so great and the expense which would follow the bringing of said children to this place so heavy that the same would have been a great hardship upon the Respondent, and the same is the only reason why they were not brought here. And this Respondent denies that he now has or ever had any intention of taking said children or either of them out of this Territory, or even out of said Polk County (unless by order of the Court) and this Respondent further says that he will not remove the said children or either of them (unless by order of the Court) but that they will at all times be free at his place of abode aforesaid, unless removed without his knowledge or consent, and against his will.
NATHANIEL FORD. Territory of Oregon Washington County ss.
Nathaniel Ford the above named Respondent being duly sworn doth depose and say that the facts set forth in the foregoing return are true.
NATHANIEL FORD
Subscribed and sworn to before me this 23 day of June A. D. 1853
A NTH ANY S. DAVIS,
Justice of the Peace. [ENDORSED]
The Supreme Court, Territory of Oregon, on the Relation of Robin Holmes vs. Nathaniel Ford, Respondent. Return to Writ of Habeas Corpus.
Filed June 23, 1853. R. WlLCOX, Clerk. ​
Robin Holmes, ) vs. )
Nathaniel Ford. ) In the matter of the Habeas Corpus for the children of
Robin Holmes a negro.
It is agreed by the parties that the depositions of Gen Lane may be taken before one of the justices of the Supreme Court, or other competent authority, at Salem, on one days notice by either of the parties, if taken elsewhere notice shall be under the statute regulating the taking of depositions in the Territory. Notice for the taking of depositions on the part of the defendant to be given to A. G. P. Wood, Attorney for Holmes.
A. G. P. WOOD, Attorney for Holmes. Dated at Portland, June 25th A. D. 1853.
[ENDORSED]
In the matter of the Application of Robin Holmes for a Writ of Habeas Corpus vs. Nathaniel Ford. Notice to take Deposition. Filed June 26, 1853.
J. E. LYLE, Clerk.
Robin Holmes )
vs. )
Nathaniel Ford )
The said Robin Holmes makes solemn oath and says, that at the April term of the U. S. District Court within and for the County of Polk and Territory of Oregon A. D. 1852 a Writ of Habeas Corpus was at that time from said Court issued, and made returnable at the next term of said Court, commanding one Nathaniel Ford to have before said Court on the return day of said Writ, deponents children, Mary Jane, James and Roxanna Holmes who were at that time and now are illegally detained and restrained of their liberties by said Ford. And deponent further says that from causes unknown to him the term of said Court last mentioned was never held, and that no return was made by said Ford to said writ till April term A. D. 1853 of said Court, at which time the cause was heard before the Hon. Thos. Nelson, Judge of said Court. And deponent further says that the said Thos. Nelson, after having said cause fully tried refused t ​o give
an opinion or make an order in the case, but said that at some future day, not to exceed five weeks, he would make an order in the case, which the parties agreed to abide. And deponent further says that said order has never been made and that the said Nelson has refused to make the same. Deponent has been informed and verrily believes that said Nelson sent word to deponents attorney that he would make no order in the case, but would turn it over to his successor to do. Deponent further says that neither him nor his wife, the mother of said children, are allowed to visit them or hold any intercourse whatever with said children, and that although residing within five miles of said Ford, the mother of said children has not exchanged a word with, nor even seen them for the last two years. Deponent further says that he has been informed and verrily believes, that said Ford ill treats Deponent's children, that he does not furnish them with sufficient meat, drink or apparel and that Deponent is fearful that unless said children are placed in a situation that they may be provided for by their parents, that the treatment that they nov T receive will materially injure their health, and eventually cause their death, or be the cause of their enduring great suffering. And Deponent further says that he has eo d reasons for believing that it is the intention of said For;! to leave this Territory, that it is his intention to run said children out of the Territory and sell them into perpetual slavery, and Deponent verrily . believes that the further detention of said children by said Ford will pi;t in i ly their life, liberty and happiness. De ponent therefore asks that his said children be put in the charge of the sheriff of Polk county, or of some other proper person, untill judgment be given on the Writ. Further deponent sayeth not.
his
Robin X Holmes mark
Subscribed and sworn to before me this 9 day of June 1853
J. E. LYLE, Cl ​erk.
Territory of Oregon, )
) ss.
County of Polk )
To the Honorable Cyrus Olney, Associate Justice of the
Supreme Court of Oregon Territory.
The petition of Robin Holmes of said County in the aforesaid Territory, represents, that he is the father of Mary Jane Holmes, James Holmes, and Roxanna Holmes, minors, who are under the age of twenty one years, to wit, Mary Jane being about the age of eleven years, James about the age of nine years, and Roxanna about the age of seven years; that said minors are now imprisoned and restrained of their liberties in the county of Polk and Territory aforesaid, by one Nathaniel Ford, or by some other person, or persons, under the command and controll and by the authority of the said Nathaniel Ford, against the will and without the consent of the said Mary Jane, James, and Roxanna Holmes, as well as of your petitioner, that the restraint held over said minors by the said Nathaniel Ford is illegal it being without the authority of law or the process of any court. That your petitioner believes said minors are imprisoned and restrained of their liberties under the pretence that slavery is tolerated by the laws of this Territory, and that they the said Mary Jane, James and Roxanna are the slaves of the said Nathaniel Ford. That the said Nathaniel Ford has for a long series of years held said minors under a most galling and degrading servitude, has, and still claims them as his chatties, and that your petitioner has been informed and verrily believes that the said Nathaniel Ford intends ere long to depart this Territory, and your petitioner has reason to believe that it is the intention of the said Nathaniel Forcl to take along with him the said minors for the purpose of selling them into perpetual slavery in counties beyond the jurisdiction of the Courts of this Territory thereby forever debarring your petitioner from the pleasure of their society, and the benefit to be derived from their services, which rightfully belong to him. That your petitioner has often made application to the said Nathaniel Ford to have the said Mary Jane, James and Roxanna given up to him, which the said Nathaniel Ford has as often refused to do. Wherefore your petitioner prays that a writ of Habeas Corpus may be issued to have the bodies ​
of the said Mary Jane, James and Roxanna Holmes before your Hon. attention at chambers, and to summon the said Nathaniel Ford to show cause, if any he may have, why he has imprisoned and restrained of their liberties the said Mary Jane, James and Roxanna Holmes, so as aforesaid; and otherwise to do and receive what to law and justice doth appertain, and that the said Mary Jane, James and Roxanna Holmes may be set at liberty; And as in duty bound your petitioner will ever pray.
his Robin X Holmes
mark Territory of Oregon, )
) ss. County of Polk )
On this 9 day of June A. D. 1853. Before the undersigned personally appeared Robin Holmes the petitioner in the foregoing petition, who being, by me first duly sworn, says that the facts set forth in the above petition, as of his own knowledge, are true, and those set forth upon information are true as he verily believes, and that there is no person residing in said county legally authorized to grant the writ prayed for in suit [sic] petition.
In testimony whereof I have hereunto set my hand and affixed the Seal of the District Court of the United States in and for Polk County Oregon at Dallas this 9th day of June 1853.
J. E. LYLE, Clerk of said Court.
[ENDORSED]
Robin Holmes vs. Nathaniel Ford. Return for Writ of Habeas Corpus. Filed June 21, 1853.
R. WILCOX, Clerk.
It is ordered by the consent of the Attorney for the -.vitbin named children that the said children may be placed^ by the said Ford in the custody of the Sheriff of Polk County, to abide the further order of the Court, or Judge, and the receipt of the Sheriff on his certificate, on return, that he has the children in his custody, will be taken by the Court instead of the actual production of the children at Portland. And further that the said ​
Ford may take depositions on one day's notice, to be used at the hearing, by allowing the other party the same knowledge, and that the Judge may take the testimony of Gen. Jos. Lane at any time and place without notice, so as to prevent the loss of his testimony. June 13th 1853.
CYRUS OLNEY, Judge.
Served the above order on the 14th day of June A. D. 1853, by giving to Nathaniel Ford the original order.
B. F. NICHOLS, Sheriff of Polk County.
The United States of America, to
NATHANIEL FORD.
You are hereby commanded to have the bodies of Mary Jane, James and Roxanna, negro children by you detained as it is said, together with the time and cause of their caption and detention, by whatsoever names they may be called, before the Supreme Court of the Territory of Oregon, to be commanded and proven at Portland on the Third Monday of June instant, to do and receive what shall then and there by the said Court, or by one of the Justices thereof, upon a hearing at chambers be considered concerning them, And have you then there this writ.
Witness Cyrus Olney one of the Justices of said Court the 13th day of June 1853 CYRUS OLNEY, Judge.
[ENDORSED]
Filed June 21, 1853. R. WILCOX, Clerk.
I hereby certify that I served the above writ on the 14th day of June A. D. 1853 by giving the original writ to Nathaniel Ford.
B. F. NICHOLS, Sheriff of Polk County. Robin Holmes ) vs. )
Nathaniel Ford )
The following interrogations and cross-interrogations to be propounded to Joseph Lane and his answers thereto to be used as evidence on the trial of the above case. The same being done by consent of Counsel. ​
First Interrogation
Do you know the parties in the above suit. Answer, yes
Second
Had you ever any conversation with the said Holmes touching the conditions under which his children viz. Jenny, James and Roxanna w r ere held by the said Ford or under his control?
Third
If you answer affirmatively please state the time, place and substance of that conversation
GEORGE K. SHEIL of Counsel for Deft.
Answer to Interrogatory 2nd
Recollect being at Col. Fords March 1850, heard a conversation between Ford & Holmes which left the impression on my mind that Holmes was to go where he pleased, but that the children were to be left with Ford, this however is only an impression as I do not recollect the words which passed between them. Third
E conversation took place at Col Fords in March
"3 lacl a conversation with Holmes about keeping
houi in Oregon City, that is I proposed to
his wife to work, her to cook and him
to worl the mills. My proposition to Holmes,
brought about the conversation between the parties.
JOSEPH LANS Sworn and subscribed before me this iJith day of
—., _:.. . i O-I >
LEONARD WILLIAMS, Justice of the Peace
tory 1.
    L you answer affirmatively, to interrogatory 2nd, please state what led to such conversation; state also what was Robin's purpose in such conversation in your opinion Answer. By proposition to employ Robin and his wife, do not recollect the words, impression as above stated. Cr. Int. 2nd.
If such conversation happened state as to which and how many of the children specified, any admissi ​on was
made, and what if anything, was said concerning each.
Jos. C. WILSON for Counsel for Pltff .
Answer to Cr. Int. second.
Do not recollect any one of the children being named, nor do I recollect distinctly any word or words spoken; further than that the conversation between the parties left the impression on my mind that the children were to remain with Ford.
JOSEPH LANE
Sworn and subscribed before me this fifth day of July A. D. 1853
LEONARD WILLIAMS, Justice of the Peace
[ENDORSED]
Robin Holmes vs Nath. Ford. Interrogatory. Filed this 13 July 1853
J. E. LYLE, Clerk.
Robin Holmes ) In the matter of a writ of Habeas vs. ) Corpus. District Court of the
Nathaniel Ford ) County of Polk at Chambers.
Robin Holmes the petitioner in this case respectfully shows and states to the Court the following answer to said Respondents return to said writ of Habeas Corpus, to wit: That sometime in the year 1841, said petitioner and his wife Polly were the slaves of Major Whitmore a Paymaster as petitioner was informed, in the United States Army in Howard County, Missouri, and had been the slaves of said Whitmore for the space of twelve years, next proceeding said last mentioned date. That sometime in the year 1841, said petitioner and his wife Polly were taken on a writ of execution by said Respondent who was then Sheriff of said Howard County, and sold at public vender by said Respondent, to satisfy certain debts of said Whitmores. That said petitioner and his wife Polly were bid off and purchased at said sale by a merchant, then resident of said Howard County, whose name is not now remembered by your petitioner. That the next morning after said sale, Respondent sent your petitioner to the house of said purchaser to procure a ​
waggon to take your petitioner and his family to the residence of said purchaser. That when your petitioner arrived at the house of said purchaser, he was informed by the wife of said purchaser that he had gone away to purchase goods, and that she knew nothing about the aforesaid purchase of your petitioner and wife Polly, your petitioner then returned to the house of said Respondent, and informed him of what had transpired at the house of said purchaser. That said respondent replied to your petitioner that he, respondent had made an arrangement to keep him and his wife Polly, and to remain with him. That your petitioner and his wife Polly serving in the service of said Respondent in Howard County aforesaid until the spring of 1844, but does not know positively whether he and his said wife were the property of and slaves of said Respondent or not, but believing at the time that he and his family were the property of Respondent, but now believes from what he has heard respondent say since, that they were not the slaves of said Respondent. That in the spring of 1844, Respondent became very much embarrased in his pecuniary circumstances and determined to emigrate to Oregon, that respondent solicited your petitioner and his wife Polly to go with him to Oregon, and represented to your petitioner that Oregon was a free country, that slavery did not exist there, and he did not think it ever vould. That Respondent would take your petitioner and his wife Polly to Oregon if your petitioner and his said wife would on Respondent's arrival in Oregon assist said Respondent to open a farm and that when your petitioner and wife had assisted said Respondent as aforesaid your petitioner and wife Polly and family should be liberated and discharged absolutely from the service and control] of said Respondent. That your petitioner agreed to proposal of Respondent as aforesaid, and in pursuance of said agreement came with his wife and said Mary Jane to Oregon, with said Respondent in the ye?.r 1844. That your petitioner and family conin the service of Respondent until the spring of $49, a period of five years, when your petitioner requested to be discharged from the service of said Respondent, that_ said Respondent refused to let your petitioner and family go free, but desired your petitioner to go to the Gold mines in California and dig gold for Respondent ​
with Respondents son, Mark Ford, who was then in California, and that upon the return of your petitioner, Respondent would comply with his agreement aforesaid as made in Missouri and discharge and liberate your petitioner and family from the service and control of said Respondent, and further that said respondent would give your petitioner a portion of the gold that he might dig in California. That your petitioner desirous of obtaining his family without difficulty with Respondent consented to the proposition of Respondent's and in pursuance of the same did go to California in the spring of the year 1849 and worked in the gold mines for said Respondent under the control and authority, or direction, of Mark Ford aforesaid until the spring of 1850, when he returned to the house of Respondent in Oregon Territory, That during the time your petitioner was in California aforesaid, he was informed by said Mark Ford, that he your petitioner had dug and placed in his Mark Ford's hands, for Respondent about the sum of Nine hundred dollars in gold dust, besides cooking for the mess to which he your petitioner belonged.
That when your petitioner returned in the spring of 1850, as aforesaid, Respondent in violation of good conscience and the contract as afore said, refused to liberate the said Mary Jane, Roxanna, and James, children of your petitioner and his wife Polly, but permitted your petitioner and his wife and one infant child of your petitioner to leave the service of said Respondent, that your petitioner did not at that or any other time make an agreement with said Respondent or any one for him, by which said Respondent was to keep said minor children and be entitled to their service until they became of age, or for any period of time, but on the contrary claimed that they should be then liberated and delivered to your petitioner, and has ever since sought to obtain the custody and control of said children.
Your petitioner further answers and says, that said Respondent, has no legal or equitable right to the service or control of said minor children. That your petitioner does not know whether said Respondent has ever been advised to take your petitioner and his family back to Missouri and sell them into slavery or not, but he does know and states the fact to be that Respondent has often threatened to so do, for the purpose of detering your ​
petitioner from seeking to obtain the custody and control of said children, as your petitioner believes.
That your petitioner is as well able in a pecuniary point of view to take care of and raise said children as Respondent, and denies that he is unfit by reason of his poverty and ignorance to have the care and custody of his own children and further denies that he is harsh, or that his wife Polly is cruel to their children, but on the contrary avers that his and his wife's reputation for kindness and parental care for their children is such that he can safely ask the Court to enquire thereof, and that his character for honesty sobriety and industry is good as petitioner believes, and this he prays may be inquired of by the Court.
his Robin X Holmes
mark Territory of Oregon, )
) ss. County of Polk )
On this 13th day of July A. D. 1853, before the undersigned,, personally appeared Robin Holmes, and being by me first duly sworn, says that the statements and facts in the foregoing affidavit are true to the best of his knowledge and belief.
J. E. LYLE, Clerk.
[ENDORSED]
Robin Holmes vs Nathaniel Ford. Replication to Respondents Return. Filed 13th July 1853.
J. E. LYLE, Clerk. Territory of Oregon, )
) ss. County of Polk )
To the Sheriff of said County Greeting:
Whereas in a certain matter of Habeas Corpus lately prosecuted before the judge of our District Court within and for the said County of Polk wherein Robin Holmes was complainent and Nathaniel Ford was defendant the costs of said defendant were taxed at Twenty one dollars ($21.00) . These are therefore in the name of the United States of America to command you that of the goods and chatties lands and tenements of the said Nathaniel Ford in your county you cause to be made the costs aforesaid, ​
and cost that may accrue. And if you shall levy and make said costs do you have the same before the Judge of your District Court within and for said County of Polk on the first day of the next term of said Court, to render unto the persons entitled to the same; and have you then and there this writ.
Witness J. E. Lyle, Clerk of said Dist. Court and the seal of said court hereunto affixed Dallas, this 15th day of July A. D. 1853
J. E. LYLE
Served the within execution by collecting of Nathaniel Ford, the within amount ($21.50) on the 9th day of November A. D. 1853.
B. F. NICHOLS
Sheriff Polk Co. [ENDORSED]
Robin Holmes Habeas Corpus vs Nathaniel Ford. Execution for costs.
Robin Holmes )
vs. )
Nathaniel Ford )
In the matter of a writ of Habeas
Corpus
Nathaniel Ford
You are hereby notified that I will be in attendance at the office of John E. Lyle, Clerk of the U. S. District Court for the County of Polk, on Thursday one o'clock P. M. 16th June instant, before him to take such depositions as may be required by either of said parties, to be used on the hearing of said cause before the Supreme Court of Oregon Territory, to be commenced and holden at Portland, on the third Monday of June instant. June 14th 1853.
ROBIN HOLMES Per S. B. WOOD
His Atty.
Served the within notice on the within named Nathaniel Ford by delivering to him a true copy of said notice, June 14th A. D. 1853.
[ENDORSED]
Robin Holmes vs Nathaniel Ford. Notice to take Deposition. Filed July 13, 1853.
J. E. LYLE, ​Clerk.
Kobin Holmes )
vs. )
Nathaniel Ford )
Habeas Corpus 12th District.
This day this case came on to be heard before the said Judge at Dallas Polk Co. by the consent of parties, upon the pleadings heretofore made in the case and said Judge having heard the allegations and evidence of the petitioner and Respondent orders and decrees that the said children Jenny or Mary Jane, James and Roxanna be and they are hereby awarded to the care and custody of their parents Robin Holmes and his wife to be and remain with them as their children as fully in all respects as though they the said children had not been in the custody of the said Ford, and it is ordered and adjudged that the said Ford pay the costs of these proceedings and execution therefor.
GEO. H. WILLIAMS,
Judge.
Robin Holmes ) vs. )
Nathaniel Ford )
Habeas Corpus heard before Judge Williams at Chambers July 13th 1853
CLERK'S FEES
For filing 10 papers in the cause.. $ 1.00
Taking 4 affidavits at 50 2.00
Swearing 10 witnesses on trial 1.00
Taxing costs and drawing cost bill 1.00
Issuing execution . 1.00
$ 6.00 SHERIFF'S FEES
For serving writ of Habeas Corpus $ 1.00
For serving order of the judge. 1.00
For serving copies of the above papers 50
Milage for above service 1.00
Serving notice to take deposit ​ions 1.00
Serving copy notice to take depositions 50
Milage for same 50
$ 5.50 Docket fee 10.00
Total $21.50
Hereby certify that the above is truly taken and copied from the book.
[ENDORSED]
Robin Holmes vs Nathaniel Ford. Habeas Corpus. Order & Decree of Judge Williams. Filed 13th July 1853.
J. E. LYLE, Clerk. ​
MINING LAWS OF JACKSON COUNTY, 1860-1876
With Introduction and Notes By VERNE BLUE
One example of the interesting subjects for research that county archives offer is the mining records in those counties where mineral wealth has been an important or controlling factor in their civilization. Nowhere in the state is this more apparent than in Jackson County. It found its origin in the gold mining camps of the early fifties, a county government being erected in 1852. All interests centered in the mines and if in the passing of seventy years they have lost their dominance, the mines still remain one of the important sources of wealth to the county and of livelihood to a large portion of its people. The early history of the county could be written from the records of its mines; they are extremely valuable, usually interesting, and sometimes curious documents. A short digression describing them will not be out of place.
They consist of a series of small volumes not uniform in size, bound in board covers. The series is not complete, but it covers about twenty years from 1880 to 1880 with references to earlier dates. Volume one is one of those missing, but a large and essential part of it appears in a later volume of copies of Conveyances of Mining Property made from these general records by an order of the County Court in 1889. 1 Two or three volumes appear in the Kecorder's office while the rest were dug up, here one and there another, from under the eaves of the attic in the wood shed, mingled
1 Mining Locations and Water Rights Records, No. 1, page 1. In vault at Recorder's office. County court order for January term, 1889. The county clerk was instructed to copy into "a suitable record book all the records of mining claims and water rights which are now contained in the old volumes of such records and carefully index the same." The copies were made and the files of mining records under the title given at the first of the paragraph are complete to date, but the interest and importance of the old records which were then tossed into the discard and which only chance has preserved from destruction, is in the fact that the Mining District Laws were not copied into the new records. If there were any other important omissions only a careful reading would show, but it would seem that nothing but that for which the title called was copied. ​
with the chaos of other records there found. They contain Locations of Mining Property, 2 Water Rights, Tunnel Rights, Claims to River Bed, Bills of Sale, and Laws of Mining Camps. Here is a more informative record as to the population than the early census records give. Americans, French, Chinese, Hawaiians, 3 a cosmopolitan throng, individuals and companies, march through the pages of these books. The prices of property and the rise, decline and desertion of camps can be read there. The driving of the foreigners from the mines is an important social and economic change.
The first recorded bill of sale 4 is dated October 19, 1854. It is for mining property on Foot's Creek transferred from A. McNeil and Benjamin Armstrong to E.
2 The first regular entry of which there is any record is given on page 2, Mining Locations and Water Rights Records, No. 1, and must therefore be a copy from volume one of the original Mining Records which has disappeared. It is dated Oct. 29, 1857.
"We, the undersigned, claim six claims of one hundred yards each of the Ravine running up from the notice lying southwest from Fort Lane, half way between Haynes and Evans. We intend to work said claim as soon as water will permit."
P. BEEDLE, L. LOINE, H. MARBLE, T. SNYDER, T. BOLTER, W. STARCK.
This entry is important, for it indicates a gap of five years after the organization of the county and of six since the discovery of gold, for which there are no official records. What might be called a "freak entry" appears on the first page of Mining Conveyances and Bills of Sale Records No. 1; this is the Mag-ruder purchase of Oct. 19, 1854. The second entry is dated 1866 and is the first of an unbroken chronological series. It was a bill of sale from Poy, a Chinaman, to a fellow countryman, Hin Hang, for property on Jackson creek; price, $150.
3 Conveyances and Bills of Sale, Mining Record No. 1, page 29: Bill of Sale from Simon McCalester to Kanaka Jo.
Sterlingville, Oregon, Nov. 21, 1862.
"This is to certify that I have this day sold and received pay for rny six mining claims and my full interest in the water Ditch claims known as the Hendricks claims to Kanaka Jo for the sum of Thirty Dollars."
Same source, p. 27: To T. H. Gilson from owner of doubtful name, a claim "situated in Negroe Flat starting with diggings known as the Negroe Flat claim: Also the undivided one-half of the water ditch sold to the Kanakas by William and Simon McCalester in November, 1862." Dated Jacksonville, 1866.
In Mining Records (original), volume 2, Oct. 20, 1860: "300 yards of mining claims on Kanaka Flat adjoining the claim of Manuel (Portugee) on the lower side of his claim . . ."
Vol. 9, p. 19: "Notice is hereby given that the undersigned claims a mining claim situated on Kanaka Flat and about twenty yards from the house now occupied by us. Said claim being in a gulch and is about two hundred yards in length. Said claim is held by purchase. July 31st, 1866."
KELEIKIPI (KANAKA) AND CO.
4 The record of this transaction is found in a volume entitled "Mining Conveyances," Vol. 1. This first volume has on its first page the bill of sale mentioned in the text, dated 1854. On the second page the bill of sale there recorded is dated 1866, and from there on the record runs in unbroken chronological succession to 1881. Volume 2, being the same title, carries the record to 1893.
This one instance seems ^o indicate the peculiar things that often appear in these old documents. ​
Magruder for $20. In 1866, Magruder donated the entire property to his three sons. Throughout the sixties and earlier, there were a great many sales to Chinese companies as well as to single Chinamen; for example:
Wolf Creek, August 20th, 1859.
Know all men by these presents that I the undersigned have this day sold one mining claim 150 yards together with 8 sluices, 2 picks, 2 shovels, 2 hatchets, 1 root ax, and one cabin to one Chinaman by the name of Chick, for the sum of thirty dollars.
EPHRAIM ALLEN. Paid by cash $4. The other $26 to be paid in five days.
The expansion of the mines, that is to say, the rush to a new field, can be traced in the sudden increase of notices recorded to hold claims by discovery, attended by a flock of notices claiming holdings adjacent. Into the formal legal phases one can read something of the fever of rivalry in which the golden grounds were sought and held in that frontier time. It is apparent from the records that the main interest in the sixties, particularly at the beginning, was in quartz. 5 Some claims were held both for "mining and building purposes." Also others were taken for "mining and agricultural purposes." Along many of the creeks still linger the hillside farms and cabins of those whose grandfathers seized upon the land for mining.
Gold was not the only mineral which interested the pioneers. In volume 3, which covers 1860 from June
."> Vol.?>, Mining Records (original), p. 1. Notice to holil one quartz mining claim by discovery. "Notice is hereby given that the undersigned claims one quartz mining claim of 100 yards by right of discovery situated on a quartz lead known as the ISpiing lead on the right hand side of the road leading from the Dardanelles, about 2.10 \ards north of the cabin belonging to Michael Moran in the Blackwell diggings coi'unencing on the eastern side of my prospect hole on said lead and running from thence in a westerly direction with said lead 100 yards including all the dins, angles and outcropping^ belonging to the same, taken under the provisions of the act of the Legislature regulating quartz mining." June IS, 1SOO PATRICK LYNCH.
Filed and recorded June 18, 1860.
WM. HOFFMAN, Recorder, Jackson County. ​
18, on page 59 is a notice for three claims of iron ore. 6 A notice to hold a limestone quarry is dated Sept. 18 of the same year, the claim being somewhere "above the mouth of Dutch Creek." In the same year Sam Newhall took up a soapstone quarry on the "right hand fork of Jackson Creek and running across Kanaka Flat." Then in May and June of 1861 there was a veritable silver boom. 7
In 1864 an Act 8 was passed by the legislature giving authority to miners to make laws for their districts. Associations of men seem inevitably to tend to become units of government, even though these be ephemeral. There are, moreover, laws recorded or referred to for fiv years preceding this act of 1864. If volume one of Mining Records could be found, mining laws of the territorial period would probably appear. It is altogether likely that such laws, if sufficient unofficial sources could be uncovered, would be found to antedate county government itself. The first laws which have been found so far begin in volume 2, page 112, and bear the unattractive but suggestive name of Humbug Creek.
Some of the laws are drawn with much simplicity, others make an obvious effort to sound technically legal in phrasing, but they all show considerable perspicacity
6 Same source, p. 59: Three claims of iron ore are described in the location notice as on the "North side of Bear Creek . . . upon the trail leading from Bear Creek to the head of what is called Dry Creek. The general bearing of said Iron Ore is S E from a certain Red Oak tree marked J. H. near a Gulch." The claims belonged to James, William and George Hamlin.
7 Pages 221-220 of volume 3 are a solid silver record. The big silver lead was discovered at the head of California Beaver Creek, by A. G. Hatch, May, 1861. Shortly afterward another was opened "about one mile south of the headwaters of Elliott Creek," and a third "on Siskiyou Mountain on the divide between Elliott Creek and Beaver Creek." These three discoveries were probably the result of effort excited by the filing of a silver claim the preceding February, on Spring Gulch, running along the crest of the mountain toward Applegate creek. It was to be known as the Emerald Ledge in the Mining District of "Thompson's Creek."
In all, 28 silver claims were recorded in May and June. There were more later on in the summer.
8 General Laws of Oregon, 1843-1864 (Deady), page 814, section 6. Law of Ort. 24, 1864 (in part): "Miners shall be empowered to make local laws in relation to the possession of water rights, the possession and working of placer claims and the survey and sale of town lots in mining camps, subject to the laws of the United States."
This act was entitled "An Act to establish and regulate quartz mining claims and in relation to placer claims, town sites, and water rights in mining camps." It superseded the Act of Oct. 19, 1860, which had superseded that (the first) of Jan. 21, 1859. ​
in meeting the needs of the makers. It is plain that there were among these early miners men with the knowledge to construct appropriate and inclusive rules for an existing situation; it would seem that it were a part of American folk-genius not to feel at home without the tangible presence of constitution and by-laws.
MINING LAWS OF HUMBUG CREEK (Vol. 2, p. 112)
Article 1st Size of Claims
Each man shall hold a claim 100 yards square by preemption and as much by purchase as he represents.
Article 2nd
Priority of Water Rights
The oldest claim shall have the first right to the water but shall run no water by unnecessarily to keep others from using it.
Article 3rd
Necessary Work to Hold Claim
No claim shall be considered forfeited if worked one day in every five during the time there is a good ground sluice head in the creek.
Article 4th
Restriction on Dams, Etc.
No parson or company shall put a darn, reservoir or any obstruction in the creek, provided it is a damage to those above said obstruction.
Article 5th
Flood-gate for Do.ms to Be Kept Open Ar.y person or company putting in a reservoir shall have a flood gate five feet in breadth and three feet hight [sic] which shall be kept open as long as there is a good sluice head in the creek for washing up.
Article 6th
Recorder: Fee; When Claim Must Be Recorded There shall be a recorder elected and he shall be allowed One dollar per claim for recording. Any person leaving the Creek to be gone two months shall have their claims recorded. ​
Article 7th Judicial Power
Any person or persons violating any of these resolutions or by-laws shall abide the decision of a miners* meeting.
Article 8th Chinese Excluded
No Chinaman shall be allowed to purchase or hold any claim on this Creek.
Article 9th
Adoption of Resolutions
Resolved, the foregoing articles shall come into effect as Laws of this Creek on or after and from the twentieth day of March A. D. 1860.
J. F. HEADRICK, Chairman, V. P. COMSTOCK, JAS. W. MEE, E. THOMPSON,
Committee on Resolutions FRANCIS SACKETT, Secretary JOHN GOFF, Recorder.
[Filed and recorded with County Clerk, Mar. 24th, 1860]
MINING REGULATIONS OF JACKASS CREEK DIGGINGS (Vol. 2, p. 164)
Resolutions and By-Laws of Jackass Creek from its head to the junction with Poor Man's Creek, Mar. 17, 1860. The foregoing [?] resolutions shall take effect from the 19th day of Mar. 1860.
Article 1
Each miner shall hold a claim one hundred yards square and as much by purchase as he represents.
[Articles 2, 3, 4, 5, 6 and 7 are verbatim duplicates of the Humbug Creek laws.]
After due consideration the above resolutions have been unanimously adopted.
SAMUEL HINKLEY, Chairman. JOHN D. BUCKLEY, Secretary. Recorder, FRANCIS LOGG.
[The interesting omission of Article 8 of the Humbug Creek Laws, that excluding Chinese, should be noted. Jackass Creek was the cosmopolitan area of Jackson ​
County; its records (locations, bills of sale, etc.) are a riot of foreign names. The Chinese and French element was very large. On December 25, 1861, Baptiste Escude and B. Dusselin [?] of Jackass and Poorman's Creek are recorded as selling their mining claim, "two cabins, chickens, shovels, picks, two wheelbarrows, pans, floom [sic] and sluice boxes, etc." to China Cook and Co. for $145.]
MINING LAWS OF KANES CEEEK AND TRIBUTARIES (Vol. 3, p. 119)
Meeting
Pursuant to a call of the miners of Kanes Creek they met at the claim of Theodore Henry, Electing James Lawler President, Theodore Henry Secretary, J. Saffell, Clerk.
Article first
Creek Claims; Working Period
Each miner shall hold one hundred yards square of the creek for mining purposes, and that it shall be worked within five days after there is a sluice head of water in the creek.
Article second
Number of Claims to Be Held
A miner shall hold one claim by location and one by purchase.
Article third Gulch Claims
A gulch claim shall be one hundred yards long and to extend from bank to bank.
Article fourth Bar and Hill Claims
Each miner shall hold a bar or hill claim fifty yards front snd running back to the summit of the hill.
Article fifth Ditch Restriction No ditch shall be enlarged or dug out of the creek.
Article sixth Sickness Privilege No miner shall lose his claim b sickness.
Nov. 15, 1860. J ​
MINING LAWS OF FOOT'S CREEK DIGGINGS (Vol. 3, p. 153)
Jackson County, State of Oregon.
Jan. 21st, 1861.
A miners' meeting was called on the Right hand fork of Foots' Creek for the purpose of making mining laws. Whereas W. J. Matney was elected President and G. S. Moore Secretary and Clerk.
The following resolutions were adopted
Size of Claims
1st That each and every man shall be entitled to one hundred yards up and down the Creek and fifty yards on each side up the channel of the Creek.
Discovery Claims
2nd That the discoverers G. S. Moore, J. C. Ryal and M. O'Hara shall be entitled to one discovery claim.
Necessary Work
3rd That each man or company shall hold their claim or claims by renewing their notice or representing it by work every twenty-fifth day.
Claims to Be Recorded
4th That each and every man shall have his claim recorded on the day of which he puts up his first notice, to be recorded by the clerk elected on the Creek for that purpose.
Clerk's Fee
5th It is the duty of the Clerk to record all claims for which applications may be made on said right hand fork of Foots Creek for which service he shall be entitled to One dollar for each and every claim so recorded by said Clerk.
Change of Laws
6th That the above laws shall not be changed except by unanimous consent of all the miners on said right hand fork of Foots Creek. ​
The above laws passed by unanimous consent of the following named persons
H. D. MATNEY G. S. MOORE J. C. RYAL ISAAC TATOM MONROE O'HARA I. D. OSBORNE PETER S. ENYART JAMES TATOM JOHN OSBORN A. WHITSER J. M. MATNEY
MINING LAWS OF LOWER JACKASS CEEEK (Vol. 4)
Pursuant to notice the Miners met at the house of Win. Bryce & Co. for the purpose of enacting laws for
the Lower Jackass and adopted the following.
Article 1st. This creek from the forks of Jackass & Poor Mans Creek near Logtown to its Junction with Applegate shall be called Lower Jackass.
Article 2nd. Creek claims shall consist of one hundred yards running up arid down the stream and two hundred yards wide.
Article 3rd. Any person or persons may be entitled to only one claim by location and one or more by purchase, said claims may be attached together and held as one claim.
Article 4th. A claim shall not be considered jumpable if worked one day in ten from the first December to the first of April, and shall not be considered jumpable the volume of the year if not represented.
Artie 1 a 5th. Each company shall have the right to a di ain, run through next claim or claims below.
Article 6th. All miners shall have the right of any f2.rvt9.ii floom cr sluices through the next claim, or claims below. Provide:! it does not interfere with the working of said claims.
Article 7th. No miner or company of miners shall have the right to put in a dam or other obstruction in the Creek.
Article 8th. All miners when leaving the claims shall be required to post a notice on their claims stating the boundaries of said claims. ​
Article 9th. Motion that the President appoint a Recorded for this Mining District, which he proceeded to do by appointing Wm. Ray as Recorder.
Article 10th. All former laws of this Creek are hereby repealed.
Resolved that these laws take effect from and after the 20th day of Feb. 1863.
J. B. IRVINE,
Chairman. D. K. HENDERSON, Secretary.
[It would be interesting to know if this represents a secession from the "Jackass Creek Diggings" district. Article 10 could be a "secession ordinance" as much as it could indicate previous laws of a separate district. It is quite certain that by 1864 Jackass Creek seems to have been almost completely given up to Chinamen; almost the only names appearing are such as Lin and Co., Tan and Co., Wong and Co., Lo and Co., King Foo and Co. But in that case it is odd that no definite article was made excluding Chinese, if this were an effort to save a portion of the creek to the white men.]
MINING LAWS OF WINES CAMP (Vol. 9, p. 121)
Mar. 18, 1867,
Art. 1. Resolved that this camp be called WinesCamp.
Art. 2. Resolved that the boundaries of this Mining Camp shall commence at the mouth of Fall Creek and include all of the upper waters of Jump Off Jo.
Art. 3. Resolved, the size of a claim in the Creek and the Gulch shall be one hundred yards up and down the creek and one hundred yards wide, also the same size in the Gulch, a Hill claim shall be one hundred yards front on the Creek or Gulch and run back to the summit of the hill.
Art. 4. Resolved, a miner shall be entitled to three claims in this camp, one in the Creek, one in the Gulch and one in the hill.
Art. 5. Resolved, [when] a company of two or more persons take claims in this camp, each member shall be present when his notice is put up.
Art. 6. Resolved that all bills of sale given prior to the adoption of these mining laws shall be void in this Mining Camp with the exception of the bill of sale ​
passed between M. Osterberg and H. Wines, on the tenth day of December eighteen hundred sixty six.
Art. 7. Resolved, All claims in this camp shall not be considered workable until the 15th day of May 1867.
Art. 8. All claims when workable shall be held by one days work in ten being performed on each claim.
Art. 9. And all claims shall be considered workable when there is a sluice head of water on them after the fifteenth clay of May 1867.
Art. 10. And every miner shall be entitled to a drain to his claim through the claim below his if necessary.
Art. 11. All tailings thrown upon another miner's ground shall be removed if necessary by the owners of the claim that put them there.
Art. 12. Resolved, there shall be a recorder elected for this mining camp, whose duty it' shall be to record all bills of sale and claims.
Art. IS. And it shall be the duty of every man taking up claim or claims, to have his claim or claims recorded within fifteen days after taking them up, except the claims taken prior to the adoption of these laws which shall be recorded within twenty days after taking up.
Art. 14. Resolved that the sale or transfer of a claim in this miners camp shall not be valid unless said claim is first recorded, except the sale of M. Osterberg to H. Wines.
Art. 15. Resolved that the Recorder shall receive one dollar for each claim and each bill of sale he shall record.
Art. 16. Resolved that Henry Wines, the discoverer of this mining camp shall be entitled to a Discovery claim in the Creek and one in the Gulch.
Art. 17. Resolved that these mining laws be recorded on the Records of Jackson County Oregon.
President, NELSON MCDONALD. Secretary, D. H. SEXTON.
[See "Record of meeting to repeal or revise the Mining Laws of Wines Diggings."]
MINING LAWS OF BOAEDMAN'S DIGGINGS (Vol. 9, pp. 154-156)
State of Oregon, Jackson County,
Louse Creek, April the 16, 1867.
Pursuant to a public notice a meeting of the miners on Louse Creek was held in the house of Boardman and ​
Van Peer, Apr. the 6, 1867, for the purpose of enacting laws to govern the mining camp, when the following proceedings were had. On motion of Mr. Plymale, J. B. Wrisley was elected President of the meeting and on motion of Mr. Wheeler, Henry Van Peer was elected secretary.
Resolved, that this camp be called Boardman's Diggings;
Art. 1. The jurisdiction of this mining camp shall extend from the crossing of the old state road of Louse Creek up Louse Creek to its source, including all of its tributaries, gulches, hills, and Ravines to the summit of the mountain on each side.
Art. 2. All creek claims shall be 100 yards long extending on the Creek and 100 yards wide.
Art. 3. Each miner shall be entitled to three claims, a creek claim, a bank claim and a .gulch claim.
Art. 4. All bank or hill claims shall be 100 yards square.
Art. 5. Gulch claims shall be 100 yards long, extending on the gulch and 75 yards wide.
Art. 6. Miners or companies owning claims of each class, either of them working on one claim should represent all.
Art. 7. All creek claims shall be workable from the first of June until the first of December. All other claims shall be workable when there is water to work the same.
Art. 8. Miners owning more than one claim of each class by purchase /shall represent all their claims by working on any one of them.
Art. 9. All claims shall be recorded in thirty days after it is located, or it shall be void after this date.
Art. 10. No person shall put tailings on another's claim without their consent.
Art. 11. Each miner shall have the privilege of cutting a drain or race through another's claim.
On motion Henry Van Peer was elected Deputy Recorder, whose business it is to record all claims and transmit a copy to the County Clerk.
On motion of Mr. Wheeler the meeting adjourned.
J. B. WRISLEY, President. HENRY VAN PEER, Sec't. ​
MINING LAWS OF LOWER STERLING CREEK DIST. (Vol. 9)
At a meeting of the miners of Lower Sterling Creek District. Met persuant to previous notice. Met on the fifteenth day of January 1867. When the laws of Oct. the first 1859 were declared null and void and the following laws were enacted.
Sec. 1. The title of this Mining District shall be known as the "Lower Sterling Creek District" and lying from the mouth of Demming Creek to the mouth of Sterling Creek.
Sec. 2. Each miner is entitled to hold by preemption one Creek claim one hundred yards long including the flats or bars of said creek on each side of the creek.
Sec. 3. Flat or hill claims to be one hundred yards square.
Sec. 4. Each miner is entitled to hold by preemption in addition to the said Creek claims, one flat, hill, or gulch claim, the gulch claim to be 100 yards long and 60 yards wide.
Sec. 5. Any man holding claims in this district is required to put up notices describing the same and if he does not work them, he is required to renew the notices once a month.
Art. 6. Any man can hold claims by purchase by renewing the notices once a month, in addition to his preemption claim.
Sec. 7. Any change in the laws of this district must be made by giving ten days notice.
Signed by
LYMAN CHAPPELL R. I. CAMERON NEWTON 0. HASKINS WM. HASKINS THEODORE CAMERON L. PHILLIPS R. PHILLIPS
RECORD OF MEETING TO REPEAL OR REVISE THE MINING LAWS OF WINES DIGGINGS (Vol. 9, p. 195)
Pursuant to notice a miners meeting was held in Wines Diggings May 1, 1867 for the purpose of revising or repealing section "8" of the existing laws, at which the following proceedings were had. ​
On motion J. P. Blalock was appointed president of the meeting and John M. Roberts secretary. On motion a committee of three was appointed to draft resolutions.
Messrs [?] Manry, Risley, and Spaulding (the committee) offered the following Resolutions which were read and adopted yeas 24, noes 16.
Resolved that any persons holding claims in the camp by location and continuously working one claim of either class shall renew their notices on the others every thirty days, counting from the 15 May 1867. The renewal shall be by writing upon said notice "Renewed" with the date of so doing, and it shall be sufficient to hold the same.
Parties holding claims by purchase in excess of the number they have a right to locate shall work upon each one day in ten except when claims so held join when the working of one shall apply to the others.
J. P. BLALOCK,
President.
JOHN M. ROBERTS,
Secretary.
WINES CAMP, MINERS' MEETING (Vol. 10, p. 20)
At a Meeting held in Wines Camp at Messrs [?] Plymale and Co. House, pursuant of notice of the 7th of May 1867 by the miners of said camp, Geo. T. Sullivan was called to the chair and C. P. Pendleton chosen secretary to decide whether this camp is an old or a new one. After hearing the evidence the meeting passed the following resolutions by voting by ballot.
1st. Resolved that Henry Wines the reputed discoverer of this camp is not entitled to discovery claims.
2nd. Resolved that a minor under the age of Fifteen years is not entitled to hold mining claims in this camp.
3rd, Resolved that article 14 in the present laws of this camp is hereby repealed.
There being no further business before the meeting on motion it was adjourned sine die. Wines Camp, Ogn May 11, 1867
GEO. T. SULLIVAN, Chairman CHAS. P. PEND ​LETON, Sec.
MINING LAWS OF COYOTA [COYOTE] CREEK, OREGON (Vol. 10, pp. 97-99)
Aug. 10, 1867.
Pursuant to call the miners of Coyota Creek met at MacWilliams and Go's cabin to make laws concerning said District Charles Benson in the chair, J. B. Hannum [or Hannam?] Sec. Joseph Moran, Recorder.
Resolved That this district be confined to the portion of Coyota Creek in Jackson Co. and its tributaries.
Article 1st
Creek claims shall be one hundred yards long and from bank to bank.
Article 2nd
Gulch claims shall be one hundred yards long and fifty yards from the center of the gulch on each side.
Article 3d
Bench or fiat claims shall be one hundred yards front and two hundred yards back into the flat.
Article 4th
Hill claims shall be one hundred yards front running back to the center of the hill.
Article 5th
Creek claims shall be represented from the 1st Dec. to the 1st June.
Article 6th
Gulch claims shall be represented from the 1st Dec. to the 1st April.
Article 7
Bench or fiat claims shall be represented from the 1st Dec. to the 1st June.
Article 8
One person can hold' two claims by location provided they are not both of the same class of the above mentioned claims.
Article 9
No person or persons in this Dist. shall sell his or their claims unless they have done work on the same to the amt. of fifty dollars.
Article 10
Any person or persons leaving their claim or claims for the period of ten days, unless in the case of sickness, ​
when the laws require the claims to be represented shall thereby forfeit the same.
CHARLES BENSON, President.
JOHN B. HANNAH, Secretary.
Filed and recorded in Mining Records of Jackson County Oregon at 10 o'clock A. M. August 13, 1867.
MINING LAWS OF COYOTE DISTRICT (Vol. 10, p. 161)
1st Resolved each miner can hold one Hundred yards up and down the Creek and one hundred yards from the center of the flat by preemption.
2nd Resolved, claims must be worked when water will permit, or if left more than ten days shall be considered deserted unless in case of sickness.
3rd Resolved, all Gulches in this District shall be the same as the Creek claims.
4th Resolved, the Discoverer of new Diggings shall be entitled to one Claim Extra.
5th Resolved, all claims bought or preempted previous to the adoption of the above laws shall be considered right and respected.
6th Resolved, Each miner can hold a hill claim apart from his Creek claim until it can be worked.
Adopted at a miners' meeting held at the Store on the 21st April 1860.
HENRY SMITH, Chairman. DAVID FERGUSON, Sec't.
At^a Miners' Meeting held at the store May 4th 1861, Mr. Lindskeog in the chair it was resolved that claims lay over from June the first until Dec. the first.
D. FERGUSON, Sec't.
Filed for record, Aug. 26, 1867, and recorded the same day.
W. H. HYDE, Co. Clerk.
MINING LAWS OF COYOTA CREEK (Vol. 11, p. 81) Coyota Creek, Mar 13, 1867
At a Meeting held by the miners of Coyota Creek Article 1st
Be it resolved that the mining law in regard to Gulch, Hill, and Bench claims be represented from the first of December until the fifteenth of March. ​
Article 2
Be it resolved further that all laws in relation to laying aside Gulch, Hill and Bench claims be, and the same hereby are, repealed.
Article 3
On motion the foregoing Laws were made a part of the Mining laws of Coyota Creek passed on the tenth day of August 1867. On motion meeting adjourned.
C. BENSON, President. WM. C. HOLMES.
MINING LAWS STEAMBOAT MINING DISTRICT (Vol. 11, pp. 82-86)
At a miners meeting held Steamboat City, Jackson County Oregon April 30, 1869, M. F. Alcorn was elected President and II. W. Tuttle, secretary.
The following mining laws were adopted.
Art. 1st
This District to be known as the Steamboat Mining District" comprises the following territory, to wit: Beginning at the head of the Canon on Carberry Fork of Applegate River about two and one-half (2 l / 2 ) miles below the mouth of Brush Creek including all of said Carberry Fork, and its tributaries from said canon to its head.
Art. 2
A mining claim to comprise one hundred (100) yards In length up and down the stream, flat, or channel. River or creek claim to consist of the present bed, low bars, and low channels, flat or high bar claims (in width) from the high bedrock out of the river or creek to the raising bedrock of the mountain or hill. Gulch claims, the bed, bars, and banks. Hill claims, all the channel or wash.
Art. 3
A person is entitled to three claims by preemption as follows: One (1) in the bed of River or creek, One (1) on a Flat; One (I) in a gulch or hill, as many by purchase as he wishes.
Art. 4
All claim or claims shall be taken up by notices and Recording. There shall be two (2) notices, one for each end of the claim or claims, placed as conspicuous as ​
possible with the date and name or names or the preemptor or preemptors thereon. Said notice and recording to hold good for ten (10) days if the ground is workable at the time of preemption. If not workable until it is workable and ten (10) days thereafter.
Art. 5
Each claim to be represented by one day's labor in ten (10) days if workable unless said claims have been opened and worked with sluices or other machinery, by leaving the sluices or machinery on the claim or claims, holds them good for three (3) months, provided the owner or owners are not working a similar class of claim or claims elsewhere by preemption. Any person or persons having river claim or claims have a right to remove their sluices and to work the same during low water but shall state the case by a written Notice in the vacated works. When two or more claims lay together and are owned by the same owner or owners work on any one of said claims is equivalent to working on all. All claim or claims when water is to be brought on by damming, ditching, or by other artificial means for their working, to be considered workable at all times. All ditching or other preparatory works toward mining to be considered as working on the claim or claims.
Art. 6
No person or persons have a right to put in dam or dams, dump or obstruct any claim or claims in any manner whatsoever if it be possible without too much expense to work their claim or claims in any other way with equal facility and profit. Where any person or persons owning claim or claims and are dumping or have in dams or other works necessary for the working of their claim or claims such ground as such dams or other works obstruct to be considered not vacant.
Art. 7
The oldest claim to have prior right to water, dumping, damming, etc.
Art. 8
All disputes arising in regard to title or the working of any claim or claims to be left to referees, each party choosing one, a miner; the two chosen ones to choose a third. All of said referees shall reside and have a claim in this Mining District. The duty of said Referee shall ​
be to hear the evidence and statements bearing upon the case before them and decide the question or questions involved. If either party feel aggrieved at the decision rendered, have a right and can appeal to a general miners' meeting of the district. It shall be the duty of the Recorder to write out three notices calling said meeting giving at least two days notice.
Art. 9
No deed or sale of a claim to be considered valid unless the claim or claims have been preempted in accordance with the laws and customs of the mining district -and further said preemptor or preemptors shall have worked or cause to be worked to t he amount of Twenty (20) Dollars on said claim or claims.
Art. 10
Any person or persons Discovering New Diggings in any River, Creek, Gulch, Flat, or Hill in this District shall be entitled to an Extra Claim of One hundred (100) yards.
Art. 11
All mining laws or customs heretofore Existing in this Mining District not in accordance with the above laws are hereby repealed and are now and henceforth null and void.
Steamboat City April 3, 69.
M. F. ALCORN, Prest. H. W. TUTTLE, Sec.
H. W. Tuttle was elected Recorder for one year.
MINING LAWS OF UNION TOWN (Vol. 12, pp. 64-63) July 2, 1870
Agreeable to a call issued through the notices duly posted on the 19th ultimo a miners' meeting organized at . Cameron's store and elected J. W. Burrill chairman, and W. A. A. Hamilton, Clerk. A motion was made and carried that a new Mining District be organized and named and known as the Union Town Mining District. It was moved and carried that said Mining District will be bounded on the north by the Jackass Mining District, on the East by the Lower Sterlingwell District, on the South by the Comstock Ditch Dam, and on the ​
West by the summit of the mountains bordering on the main stream of the Applegate.
A motion was made and carried that a Recorder be elected for said Mining District; in conformity with the above F. M. Smith was put in nomination and duly elected.
It was moved and carried that the following articles be and are adopted as the By-Laws of said Union Town Mining District.
Article 1st
The Hill or gravel lead claims shall consist of two hundred yards in length, and to comprise the entire width of the channel or gravel lead.
Art. 2
That Bar claims bordering on the main streams shall consist of two hundred yards in length and comprise the entire width of said Bars.
Art. 3
That creek claims shall consist of two hundred yards in length and comprise the width of the bed of the Creek.
Art. 4
That Gulch claims shall consist of two hundred yards in length and fifty yards in width on each side from the center of said gulches.
Art. 5
That all miners shall be entitled to hold one Hill claim, one Creek claim, one Bar claim, and one Gulch claim, and that any miner shall be entitled to hold by location one claim (in addition to those that the above articles allow) for the discovery of new mines.
Art. 6
That miners shall hold their claims of all classes by posting up one notice on said claims in a conspicuous place and by having said claims recorded in the Recorder of the said Mining District office and that a renewal of said notices at said Recorder's office once in every six months will hold said claims and that neglect to comply with said requirements will show by Recorders Books that claims so neglected are abandoned. ​
Art. 7
That the Recorder of said Mining District shall be entitled to receive as fees fifty cents for recording each claim of two hundred yards in length and twenty-five cents for each renewal.
[No signatures.]
BOUNDARIES OF CAMPBELL MINING DISTRICT "GOOSE LAKE VALLEY" (Vol. 12, p. 119)
Goose Lake Valley Oregon Dec. 25, 1871.
Silas J, Day Co. Clerk
Jackson Co. Ore. Sir
You are hereby notified that at a miners' meeting held this day at the residence of Joseph Cooksey at which twenty persons were present who are interested in mines a mining district was formed to be known as the "Campbell Mining District," and bounded as follows viz. Commencing at the mouth of Drews Creeks and running due west to the mountains beyond Sand Creek, thence northerly along said summit to a point due west of the summit between Chewaean and Goose Lake valley, thence to said summit and along the same easterly to the summit of the Sierra Nevada mountains, thence southerly along said summit to BuilarcPs canyon: thence westerly down said canyon to the foothills of Goose Lake valley, thence along said foothills southerly to the south side of Bartin Creek, thence down the south bank westerly to Goose Lake and across said Lake to the mouth of Drews Creek [to] the place of commencement, being all in Jackson county, State o:c Oregon.
In witness whereof we have set our hands this 25th Da}- of December, 1371.
JAS. SMITH, President. CHAS. A. COGSWELL, Recorder.
Goose Lake Valley, Jan. 8, 1872.
(Vol. 12) Silas J. Day, Co. Clerk
Jackson Co. Oregon Sir
You are hereby notified that at a miners' meeting held pt the residence of Ira Cogswell, Esq., on the 23 Inst (something very odd about dates: Marginal note by County Clerk reads, "Filed for record Jan. 2, A. D. ​
1872"] a miners district was formed to be known as the Goose Lake Mining District and bounded as follows, viz., commencing at the summit of the Sierra Nevada mountains on the California and Oregon State Line and running due west to Goose Lake along the Lake westerly to the mouth of Barton Creek, thence along the south branch of said creek to the foothills of Goose Lake valley, thence northerly along said foothills to Bullard's canyon, thence easterly up said canyon to the summit of the Sierra Nevada mountains, thence southerly along said summit to the State Line to the place of commencement, being all in Jackson county, State of Oregon. In witness whereof me have set our names this 8th day of Jan. A. D. 1872.
CHAS. A. COGSWELL, President. M. J. COGSWELL, Recorder.
LOUSE CREEK MINING LAWS (Vol.. 14, p. 62-63) In pursuance to a call made Feb. 3, 1875
The Miners of Louse Creek and vicinity met at W. Kahlers for the purpose of organizing a Mining District and electing a local Recorder. On motion of E. Dimick, William Kahler was chosen chairman. On motion of H. Van Pier E. Dimick was chosen secretary.
It was moved and carried that the boundaries of our District be as follows: Commencing at the mouth of Evans Creek Jackson County, Oregon, running up Evans Creek taking in the west tributaries of Evans Creek to the mouth of Pleasant Creek, thence up Pleasant Creek to the mouth of Ditch Creek, thence up Ditch Creek to its head taking in the west tributaries of Ditch Creek; thence north to the headwaters of Jump Off Jo, thence down Jump Off Jo to the county line, taking in the south tributaries of Jump Off Jo, thence following the county line to Rogue River, thence up Rogue River to the mouth, of Evans Creek, to be called the Louse Creek District.
On motion H. Van Pier was elected Recorder.
It was moved and carried that the lower ledge be called the Boardman ledge, and the upper ledge be cal!ed the Van Pier, the third and lowest ledge be called the Lc?,st Chance, all of the above ledges being situated on the northwest side of Elk Mountain.
It was the request of the meeting that the County ​
Clerk appoint H. Van Pier Deputy Clerk for this District. Grants Pass, Feb. 11, 1875. WM. KAHLES, E. DIMICK,
Chairman. Secretary.
MINING LAWS OF JACKASS AND PGORMAN'S CREEK (Vol. 15, p. 165)
Miners' Meeting
House of Miller and Savage
Jackass Creek, Feby. 21st, 1876.
Pursuant to public notice the miners of Jackass and Poornian's Creek, Jackson County, Oregon, met at the above named place for the purpose of revising and
amending the mining laws of Jackass Mining District and organized by the election of Wm. Miller as chairman and Jesse Titus, secretary.
The object of the meeting having been stated on motion a committee of five consisting of Francis Logg, Js.mes McDonnell, John McKee, Daniel Hopkins and Jesse Titus were appointed to draft By-Laws and regulations to govern said Miring District, who after a short recess submitted the following report, which was on motion received ar-d the committee discharged.
Sec, 1. That the Mining Districts of Poorman's Creek and Jackass Creek shall be consolidated and the same shall ir elude these creeks and all the tributaries and gulches from their source in the mountains to their confluence with Applegate.
Sec, 2, All the^ rules and regulations and By-Laws of the Districts of Jackass and Poormans Creek are hereby repealed and the following passed in lieu thereof:
Sec, 3. A mining claim in this district shall be one hunr/red yards square.
C; ec. 4. Each person shall be allowed to hold one creek clr.im and one bank claim by location.
Sec. 5. Any eligible miner shall be allowed to hold ES many claims by purchase as he will represent and work according to these rules and Bylaws.
Sec, 8, No Mongolian, or alien who has not declared his intention to become a citizen of the United States shall ever ho'd or work any mining claim in this district.
Sec. 7. If any person or company or corporations shall employ Mongolians or aliens until he declare his ​
intention to become a citizen of the United States to work any mining claim for one month it shall be forfeiture of the claim and any citizen of the United States or eligible foreigner who has declared his intention ot become a citizen of the United States may locate and hold the same at any time before the entry is made at the land office for a patent.
Sec. 8. If any person or company or corporation shall employ a Chinaman who was not in Oregon at the time of the adoption of the constitution of Oregon to work any mining claim or claims for ten days before the entry of the same at the land office it shall be a forfeiture of the claim or claims and the same may be located and held by any citizen of the United States or any eligible foreigner who has declared his intention to become a citizen of the United States.
Sec. 9. Every person or persons owning a mining claim or claims shall do or cause to be done one day's work in each and every week for each and every mining claim lie or they claim as long as there is a sluice head of water in the creek, provided the claim or claims are so situated that the water can be got upon them; and provided, if the claims are together the work may be done upon any one of them.
Sec. 10. No person shall divert the water of either creek to the injury of the claim or claims of any person below.
Sec. 11. No person or company or corporation shall erect a dam or reservoir or other obstruction in the creek which shall work any injury to claimants.
Sec. 12. Any person or company or corporation putting in a reservoir shall have a floodgate which shall be five feet in breadth and three feet in height and shall keep the same open as long as there is a ground sluice head of water in the creek.
Sec. 13. As there is a dispute in regard to bank claims these rules and regulations shall take effect and be in force from and after their passage.
Sec. 14. These rules and regulations shall not be amended or repealed until after notice of the miner's meeting shall be published in the Jacksonville papers for four consecutive weeks and the notices also posted up in three conspicuous places in the district. ​
On motion the rules and Bylaws reported by the committee were adopted by a unanimous vote. On motion the proceedings of this meeting were ordered published in the Oregon Sentinel and Democratic Times for four weeks and that copies of the same be posted in the District at three conspicuous places.
On motion it was ordered that a copy be furnished the County Clerk to put upon record in his office.
On motion the meeting adjourned.
W. C. MILLER, Chairman. JESSE TITUS, Secretary. ​
LETTERS OF THE REV. WILLIAM M. ROBERTS
THIRD SUPERINTENDENT OF THE OREGON MISSION
Third Installment Edited by ROBERT MOULTON GATKE
To the Cor Secy of the Missy Socy of the M. E. Church Salem Oregon Territory April 24, 1849 Rev Dr. Pitman Dear Bro.
Your letters of Sep 30th Oct 12th, Nov 16 & 24th 1849 were received on the 10th Inst. I now desire to answer such parts as relate to the Oregon Institute. I learn a resolution was passed by the Board Sep 21st, 1848. "That provided the Oregon Institute comes into the possession of the Missy. Socy. A teacher be sent out as soon thereafter as practicable" and that Bro. Roberts be instructed "to repurchase free from restrictions." At a subsequent meeting. It was resolved "that it was inexpedient at present to make the purchase", and that this last action was brought about by the representations of Captain Gelston who had been on the ground and had seen the building. You most cordially invite me to express my mind, on this question at the earliest oppertunity. I shall certainly do so without reserve. And I desire first of all to say I am extremely sorry the board passed this last resolution, and extremely mortified that it done so for such a reason. Our cherished hopes in regard to this Institution are seriously interfered with for months to come, and that interference effects our general work. We had hoped, that a teacher would have reached us this summer or at Latest by autumn, but now we can entertain no hope of relief until these dispatches reach the states, and then almost any thing but promp and available relief. I said it was mortifying that such a resolution was passed for such a reason In previous communications I have referred to the repurchase and occupancy of the Oregon Institute in terms of such unmistakeable plainness as fully to commit myself in favor of both. Perhaps I have perpetrated no special pleading in the case, because I did not deem it necessary. But you are entirely correct in understanding me to be favourable to its repurchase, and being placed under the control of the Missy. Board or an annual conference if one is established. ​
Nor were these conclusions made hastily. I am on the ground, and here for the express purpose of examining into this vital matter, instructed particularly by the Board on this very subject to enquire and report. Such enquiry was made and the report acted upon by the Board favourably. But presently along comes Captain Gelston his representations differ from those of the Superintendant as darkness from light and the Board of Managers of the Missionary Society of the Methodist Episcopal take his hasty illadvised representations in preference to those of the Superintendant and immediately retraces its steps. This is wrong, and these lines are penned with the sincere hope that this thing will come to a "perpetual end." Captain Gelston is a good brother in my opinion, and honest, talented, pious man but he prejudges everything. The majority of men would not come to their conclusions, more correctly than he, if they all travelled the same road. He arrives at them all by the process that Logicians call a "Jump" no man. will regret more than he the evil results of his blunder in this case; I received a letter from him when I received yours in which he details his representation before the Board I have replied to him expostulating with and telling him I want no better advocate than he, provided he will come and patiently investigate the entire subject.
You will be surprised when you learn the Captain was never in the building at all, and not within a hundred yards of it He started from Oregon City with Capt. Crosby rode to the house of Brother Wilber (which is within 300 yds of the Institute) a distance of 50 miles in less than a day rested a while and just before night the horses were again saddled they rode down to Salem, and around a little while looking at a distance from their horses (and the Capt had'nt his glass) at the Institute returned at dark, and next morning rode down to Oregon City and that is all the Captain was ever on the ground or saw of the buildings. But enough of the Captain. It is a question of grave importance as to what the Board ought to do when some transient letter-writer who goes through the country on a gallop, expresses views that are contrary to the representations of their otherwise agent. Doubtless there are and will be letter-writers whose communications are by no means intended to edify Methodism in Oregon If our friends occasionally miss ​
the mark what may be expected from others. And if these reports are to have an influence simular to this our Situation will be sufficiently embarrassing If in all this plain expression of plain truth I am in error "Let the Reighteous smite me; it shall be a kindness; and him reprove me; It shall be an excellent Oil which shall not break my head."
I will now proceed to give the "fullest elaboration" of the whole subject my time will allow. Accompanying this letter is a rough pencil sketch of the building presenting a ground plan simply of the 1st 2nd and 3d stories, and the dimensions of the building. You will see what parts are finished the uses to which the building is appropriated &c I 'think it was erected in 1842 or 3. Broth Hmes I think was the architect or had a principal hand in superintending it. It is a good building, good frame so far as I can judge, and well put together It may well be doubted if there was any considerable exhibition of economy in the erection. Where the Ls or wings join the main building the pitch of the roof is thrown against the main building most unwisely and this occasions some leakage in the heavy rains of winter. The belfrey leaks a little also. The gables are not regularly finished & painted as is the rest of the building only roughly boarded up; the cornice is not done There is no base-board and full half of the sash for the third story is missing.
There is no lime and mortar on any wall in the house. Those parts which are finished are ceiled with boards and some considerable expenditure will be necessary to finish the building but I should think from one to two thousand dollars would be alsufficient to finish it, It is not in ruins. IT IS NOT [being] INJURED BY THE RAINS. We do not let property go to waste after that fashion and it looks 50 per cent better than it did two years ago but their is great room for improvement and soon as practicable some considerable amount of work should be done. A cardinal error was committed in not having ONE LARGE ROOM about the premises the chapel on the 1st floor and the school rooms on the 2nd are 24 by 17 each and these are the largest. As yet we have no church in Salem & the Chapel in the Institute is the church, when a building for a church proper will be commenced I cannot tell but our rooms are too small for the accomodation of the people. Con ​
nected with the building is a reserve of 60 acres forming the South East corner (nearly) of the entire claim of 640 acres. The entire claim is held by Wm. H. Wilson for which he is to receive one undivided third but on this reserve he has no claim for 1 third as he has per agreement July llth 1847 on the other part for holding the claim and getting a title from the United States. You are aware from my previous communication of my strong objection to his holding it after this fashion for such a compensation. NO MAN OUGHT TO HAVE A PRIVATE FUND ON PROPERTY IN A PUBLIC INSTITUTION. It will always be a draivback in every case. I have done all I could to induce him to give it up and let me or some one else hold it for the church gratuitously but in vain. My dissatisfaction with the tenure may be unnecessary. The arrangement was entered into with good faith under Bro Gary's superintendance and was thought to [be] best for the security of the property. If I can copy the two bonds I hold in relation to the property I will do so but I am overwhelmed with business. The one given by Leslie, Wilson, Beers, & Abernethy for $4437.83 The other by Wilson to pay all the debts of the Institution and restore two thirds of the claim when a title is perfected with these you can see with clenrness into the somewhat complicated position of the affair growing first out of the illadvised sale of the Institute it ought to have been kept by all means, and secondly by the most unfortunate fact that every claim under the Organic Law must be held by some one private person, as the Legislature would not incorporate any trustes who could hold property in trust for any purpose whatever. No doubt need be entertained for a moment as to the saity of the Money [owed to] the Institute, none whatever, for it will be payed unquestionably The property is valuable and increasing in value every day, The Location is admirable, The land good for the purposes for which it is needed, and in the Absence of blunders and mismanagement both here and with the Board may with God's blessing be made available for the most valuable purposes.
That you may see the position of the land and Institute buildings and town of Salem I shall forward to you if possible a Plot of the claim a front Elevation of the building with the simple remark that my Artistic skill is exceedingly humble and unpretending. With these ​
remarks upon the land and buildings I will now turn to the points more particularly named in your letter. That you should entertain some fears for the Board to involve itself is not surprising to me at all. It took me a number of months patient watching and study here on the premises before I was prepared to ocupy any very decided position. But I now think there is no fear of taking any such action as may be recommended in these papers. There is reason to watch closely guard carefully question fully, and advise as understandingly as the nature of the case will allow. That their is no reason to fear pecuniary responsibility in the case is obvious from the fact that under the present administration the Institute is paying off all its debts has money or wheat on hand and supporting itself in Every Particular you will perceive from the minutes that James H. Wilber, is principal with his Lady as assistant and they have a mist superiour School there are two departments a primary one taught by Mrs Wilber numbering 36 Studants at 2.50 pr quarter of 11 weeks, and a higher department taught by the principal with 42 students at 3.50 & 4.50 pr quarter total number of studants 76. Badly as Broth Wilbers services are needed in the work of the ministry proper I am compelled to consent for him to labour in the Institute and all his powers physical mental and spiritual and all the capabilities of his beloved wife are tasked to upmost compared to the importance of more immediately training the intilect and Heart this cannot be effected without money Our Church by preocupancy has an undoubted right to stand upon vantage ground in this particular but rather than retard the work or predudice the kindred questions of education and piety I would let all land claims & town sites go to Indians or speculators in up town lots and throw our cause at once upon the community at once for patronage and support Therefore let not the question of sending a teacher depend on the repurchase of the property, by all means do the one and I think you will perceive that more than all his salary, even at the present low prices (Low for Oregon) will be paid by the bills of tution. But were it not so, if every part of the salary of the teacher must be paid by the Miss.y Soc.y. I should think a teacher ought to be sent from the States and sustained by the Board for this purpose. Every other School in the Territory charges nearly twice as much as we for tuition. Our ​
true policy is to finish the building. Sustain the School most thoroughly with the very best teachers that can be provided and then when everything is put in the most inviting and attractive form possible make the bill of tuition so low that it will allow even poverty itself to come and enjoy the abundant advantages offered by Methodists to the youth of Oregon. It is both wise and important that the MissY. SocY. should connect with the Missionary enterprise proper in Oregon a direct control of Educational matters "in; my opinion." "To what extent" this should be carried is a question more difficult to answer. Perhaps the following thoughts will be in place. The Oregon Institute ought to be under our control in its several department of Instruction, of Finance, and Religious influence. The principal should be a married man of a family if his wife could take hold of some department in the Institute so much the better (But the mistress of a family in Oregon has her hands full without teaching) he should be not a whit behind the very chiefest in literary abilities & scholarship. A Minister of the Methodist Episcopal (Itinerant of course). This man should be able to fall back on the MissY. SocY. for support if a deficiency exists at any time; but in all probability unless the funds should temporily be appropriated to the finishing of the building, no such deficiency will occur.
If when he comes some enterprising young man of education would volunteer on his own resources to come and fill such post in Educational matters as might be vacant he might usefully labor. If you were here you would say a school ought to be started in Oregon City on private responsibility to furnish educational facilities, Else the public and some of our people too will take up with the pressing and attractive invitations of the papists to send to their schools. Every device that gowned priests and wily Jesuits and Ladies Superior and Sisters of charity can lay under contribution is Even now held out to induce protestants to send to their school. And hence I answer your question promptly "Our refusal to connect this interest with our other operations will have a tendency to throw the literary training of this rappidly increasing population into the hands of the Roman Catholics and thereby give them an influence over the public mind which will prove greatly injurious to our future success." "Our refusal to take back the Oregon Insti ​
tute will not subject us to the loss of the whole amount for which it was sold" nor to any part of it unless the loss should arise out of the following consideration which I now allude to with some solicitude to know what would be exactly right in the premisis. The act of Congress passed Aug. 14th 1848 contains the following clause "And provided also that the title to the land not exceeding 640 acres now occupied as Miss.Y. stations among the Indian tribes in said territory togather with improvements thereon be confirmed and established in the several religious societies to which said Miss.Y. Stations respectively belong."
Now? think you will this apply to our claiming this tract of land outright for ourselves 1 and thus ending all other claims and titles. In favour of our having this claim by virtue of this act there are (among others) the following reasons: The Miss.Y. Soc.Y. of the M. E. Church some years ago did settle this claim and here commenced a Miss.Y. Station among the Indians in this place and designed it not only for the benefit of the tribes in this vicinity but as a basis of a series of extended operations to benefit all the Indian tribes in Oregon. 2 For this the buildings were erected, many labourers employed, many Indians benefited and this was continued until the Indians melted away, nor has the station been abandoned it has been ocupied by our Missionaries until now, 3 and altho no Indians are in the school, yet some half breeds (Indians in Law) are and have been all the while. Therefore I claim this tract of land for the Religious Society to which such Missionaries belong. Against such claim there are the following reasons: Altho it is occupied by us it was sold to five men who are to pay $4437.83 for it and the claim itself is held by W. H. Wilson for which he is to receive one third of the whole except the said reserve of 60 acres & buildings. If he were to get provoked and proceed to litigate the question he might plead that at a certain time the Indian school was broken up and since then the chief part of the Miss.Ys. have been among the Whites and for their
1 I. E. For the Missionary Society rather than the semi-independent, and under the laws of the provisional government,' legally irresponsible, Board of Trustees.
2 The Indian Mission Manual Labor School, built in 1842, at what is now the city of Salem, Oregon, at the cost of about $10,000. It was an attempt to save the Indian youth by removing them both from the tribe and from contact with the white settlements.
3 The Indian School was closed in 1844, and the building sold to the Oregon Institute (now Willamette University). ​
benefit. But I am inclined to think I can make out a case if it shall be deemed proper to make the trial. In such case Broth. Wilson would have to be bought off, but at a low price I assure you if my notions prevail.
Judge Bryant who has just come into the country has promised to write to the man who framed the Oregon Bill in order to ascertain if any light can be thrown on the question from the Original intention of the framers of the bill. 4 Any suggestion or order the Board can give will be in place. The question is not raised here yet, and my thinking is almost entirely to myself. But this question of gaining or holding property is very small in my estimation compared to the importance of more immediately training the intelect and Heart. This can not be effected without money. Our church by preocupancy has an undoubted right to stand upon vantage ground in this particular, but rather than retard the work or prejudice the kindred questions of Education and piety / would lei oil land claims & town sites go to Indians or Speculators in up town lots and throw our cause ta once upon the Community at once for patronage and support. Therefore let not the question of sending a teacher depend on the repurchase of the property. By all means do the one, and 1 think you may safely do the other You are aware that Broth Wilber is not a classical scholar but he is a capable teacher, and the man you send will be successful indeed if he does better with the school than it is now doing or than it has been doing for 7 months past but we cannot spare Broth Wilber and therefore ask for assistance I AM UTTERLY UNABLE TO FILL THE IMPORTANT PULPIT AT OREGON CITY with aay man. we have in the country while Broth Wilber Is i:i the Institute and yet he cannot be removed untill some one is raised up to take his place. At our annual meeting a committee was appointed to correspond with the Board in relation to the Institute the Brethren desired me to be one of that committee. I declined stating that I must white officially and would prefer you should have two communications so that the Board may see our agreement on this question. And here let me say that
4 The misunderstanding growing out of this attempt to hold the property for the school until such time as proper corporation laws would be passed was not settled until many years after this time and caused much hard feeling. This incident has been used by some in an effort to discredit the so-called "Missionary party,'clearly only a bit of prejudice and ill nature when we recall that the entire claim made for Christian education was merely such as a single private family claimed for their own use. ​
a number of our brethren have wrought with commendable zeal to sustain and foster the School. Days of labour and scores of dollars and many prayers have been expended in its behalf It is a rallying point a center of conservative influence for the rising generation a fountain of light and knowledge and evil shall be the day when the Methodist church shall let it drop or die from mismanagement or neglect
With the following remarks I shall dismiss this question with much, solicitude as to the result There should be a school of a high grade in this country, Salem is a most central location, The ground is peculiarly suitable The soil is gravelly so that during the heavy rains of winter the going here is quite good and the attention of the community is drawn to this place and that whenever the Methodist fail here They will succeed. They began the school they own the buildings they are desired to sustain their own Institution and do it well, most sacredly are they pledged to do their utmost. God has already blessed our labours I know of three of the students who have recently been converted and I will not fear to put the good influence of this Institution for a year past into the balances of the final Judgement over against all the money that ever has been expended in this mission. It is true that these students were members of our Sabbath School, and subjects of our pastoral and pulpit ministrations, and it is also true that this threeflod influence is One and God has Joined togather let no man put assunder. On a review of the entire subject I am led to enquire to whom does the Institute now belong? There is a deed somewhere I think I may get to see it shortly which would answer the question I think it is the one Brother Gary gave Broths Wilson, Leslie, Beers, Parrish, & Abernethy when he took their obligation jointly & severally for $4437.83 Now I suppose these men are trustees in fact for the "Methodist society in Oregon" to which belongs the Institute NOT THE M. E. CHURCH (UNIVERSAL) but that peculiar portion of it Resident in Oregon Wilson holds the claim with obligations under bonds of 8100,000 dollars to nine men to pay all the debts of the institute (not exceeding a given amount) and they did not exceed it to perfect a title (if he can) then to convey to the FIRST ANNUAL CONFERENCE OF THE M. E. CHURCH MAY BE ESTABLISHED IN OREGON TERRITORY by the general ​
conference of the M. E. Church in the United States or to the lawfully authorized agents of said conference first the Institute buildings & reserve of 60 acres which is forever to be used as an Institution of learning & religion under such laws and regulations as may be adopted by *said conference &c. Secondly to convey two thirds of said the remainder to said annual conference as aforesaid &c.
Several things here are safe the Establishment is to be an Institution of learning and Religion and it ought forever to be such this "Restriction" is unobjectionable and any one conversant with the Society will agree with me It is to be under the Control and direction of the M. E. Church. If the U. S. Govt. shall give a donation of 640 acres to individuals then he can get a title to be used as aforesaid. If it only confers a preemption right then some money must be expended. If we are authorized by the late act of Congress it ourselves with improvements then it is already ours and we will use it as seemith good in our sight. It is not desireable at present to raise the question of ownership publickly at all if it is ours silence will not invalidate our claim If it be not silence will not subject us to the weakness of claiming what does not belong to us. There is nothing further of importance that I can call to mind at this moment. If the Board deems it proper to purchase the premises it now may be clone, and a judicious arrangement entered into that will vitally affect our educational interests for years to come. If the Board will send out a teacher suitable for the work at the earliest moment, it will be a wise measure, but if not the responsibility must rest where it belongs. I have delivered my soul.
I am Dear Bro.
Yours truly W. R.
Salem Oregon Territory April 24th 1849 To the Cor. Secry fo the M. E. Church
Rev. Doct Pitman Dear Bro.
We are kindly permitted to record the goodness of God toward all the members of the Mission families another year There have been no deaths nor even serious cases of sickness but general good health comfortable religious enjoyment and unfeigned brotherly love have ​
characterised the labours of the past year. Praise be given to God. Sinners have been awakened and converted believers have been quickened and sanctified backsliders have been reclaimed and in not a few cases, the prodigal wanderer has returned to his fathers house to God be all the Glory. We are painfully concious however of having accomplished but little comparatively for the cause of God. A beloved brother remarked a few days ago as we were rideing togather that he was dissatisfied that we are doing so little as ministers of Christ in the way of direct personal labor for the salvation of Souls. I fully concur in the spirit of the remark the prostration of deep humility before God is our appropriate position. I am not aware that any department of our work has been overlooked, attention has been given to preaching the word Pastoral visitation, the instruction of children the formation of Sabbath schools the circulation the distribution of tracts and books both of our general catalogue and those adapted to children and encouragement has been given to the general interests of Education. But how much of pure gospel & holy unction there have been in our sermons and with what measure of honest faithfulness we have been "Instant in season and out of season" in our general work are questions we are yet to answer at the Judgment seat of Christ.
Our annual meeting was held at this place on Wednesday & Thursday of last week there were present all our men now employed David, Leslie, J. H. Wilber A. F. Waller Wm Helm J. L. Parrish John MeKinney, James Raynor, J. S. Smith & Wm Roberts, after the usual introductory services, our first buisness was to enquire into the character of the preachers whatever reasons exist at home for close scrutiny in these examinations certainly must apply with additional force to all who labour in foreign fields. Each broth gave some relation of his spiritual state and also the state of the work under his care. It was a season of heartsearching power and the Lord was in pur midst the respective interests of Education the Bible cause Sabbath Schools temperance and the cause of missions were refered to seperate committees the reports of which were prepared and considered with all the care the time would allow It is time perhaps for me to say that your letters bareing date Sep 30th Oct 12th Nov 16&21st togather with one in ​
duplicate from Bishop Waugh of Sep 25th 1848 were received on the 10th inst. They came in the Gov Steamer Falcon and California to Panama & San francisco and from thence in the Valadoria to the Columbia River Such portions of these as were of general interest were layed before the meeting and we did our buisness in full view of the organization of our annual conference in the ensuing autumn the arrange of our work for the ensuing 4 months is somewhat altered from what it was last year so far as the plans of the circuits are concerned. Salem Circuit includes all our work east of the Walamet except Oregon City, and Yam hill includes all west of the river except Clatsop, the appointments are as follows Oregon Citv, David Leslie Salem Wm Helm and /. L. Parrisk Yamhill A. F. Waller, John McKinney, J. 0. Raynor, and Jos S. Smith. Astoria and Clatsop to be supplied /. E . IV -fiber, principal of Oregon Institute. The report of last year informed you of the distribution of our men at that time. They went to their work in the spirit oi their Master and were well received by the people. No reasonable doubt could have been entertained 11 months ago but that a measure of success was about to attend our labours hitherto unknown among the white population west of the Rocky Mountains. It is true the war:> was operating prejudicially to the interests oi' Piety in Oregon the mere abstraction of so many of our young men to say nothing of the associations into which they were thrown could not but be disastrous. The tented field is a school of vice and Satan seems never at a loss for Masters Act to teach where there are subjects willing to learn. When I delivered my letters into the hands o<: the messenger who conveyed them to the States kst Spring I was in the upper part of the Valley, I was on my way to attend a two days meeting Marys River, We crossed the Wa'arnet at Judge Skinners swimming our horses alongside the canoe which is a dangerous buisiress here owing' to the swiftness of the river and the steepness of its banks. The meeting was held at Fullers Schoolhouse and commenced on Saturday the congregations were good and many persons seemed serious. On Sabbath the power of God was graciously manifested. A man named Wirnple who had just built a house for the use of the preachers spake and prayed with great feeling
.") The Cayuse \var. ​
and at once joined the Church. There were 6 others who asked an interest in the prayers of Gods people and a class of 8 persons was formed immediately The indications are very favourable for a genuine work of God in this beautiful section of the country. This was part of the Calapoya circuit but owing to the difficulty of crossing the Walamete was placed under the care of Broth McKinney with the understanding that he and Broth Helm would interchange whenever they could. Nearly opposite this place on the east side of the valley we have just erected a new Church. 6 It is a neat edifice built 'of hewn logs 24 by 32 feet and cost $173.70 It was consecrated to the worship of Almighty God on the 31 of May 1848 and is entirely free from debt, the day of opening was very stormy and cold, which materially diminished our congregation; but God was present, there the Lord recorded his name and will come and bless his people.
Sisters Wilber & Roberts accompanied us on this trip OR horseback and but for the storm of Sabbath it was one of real pleasure. The roads at that season were good, the prairies were covered with rich grasses, beautiful flowers, and lucious strawberries so temptingly attractive that our lady equestrians dismounted many times to gather and eat. The Church is 80 miles above Oregon City and thirty above the Institute and is in such a position as to exert a favourable influence for years if the mania for gold does not produce unlocked for changes in the population of this vicinity.
On the 2.1th of May a public meeting was held at Oregon City in the M. E. Church for the formation of our Oregon Bible society of New York, the attendance was good and an additional interest awakened in the distribution of the work of life since that time each of the preachers has been charged with the responsibility of searching out and supplying every destitute family in his charge with copies of the Holy Scriptures. Our first quarterly meeting for the year was held at this place on the following Saturday and Sabbath and never have I seen such manifestations of the power of God at any time in this city before. The meeting closed on Sabbath evening and had it been possible to have continued it longer much good might have resulted but other engage 6 Somewhere near the present city of Corvallis. ​
ments were out and we could not recall them. It now became necessary for my family to remove up to the Institute, the house in Oregon City will not accomodate two families to build just now is impracticable, And it is by no means certain but that the Institute is the better place after all for head quarters. It certainly is much more central and such is the difficulty of keeping horses at the city that no alternative was left but to go where feed was more abundant. At 9 A. M. on the 13 June my family and goods were embarked in a somewhat leaky boat to go to the bute (on the Walamet) distant 25 miles. I desire never to repeat the labors of that day by midnight we met the teams in readiness to convey us to our new residence where we arrived late the following day. We occupy part of the parsonage in which brother Wilber lives to which I was compelled to build a small addition for the accomodation of my family. This cost several weeks of personal labour when at home and was not entirely finished when the winter rains commenced. It would be hardly proper to allude to such buisiness in this report but for the fact that in a country so new as this where labourers are so scarce it is sometimes indispensible for the minister himself to use the axe and saw and J:ickplare if he has the ability. This ocupies time too and time which belongs to the church now when such exegencies occur such labour may be performed. If it be for church property whether churches or parsonages but no man has a right who "Lives by the Gospel" to spend his time in improveing his own property, Such are my convictions and such I doubt not will be the general action in the Oregon Mission.
The 21 of June was the time appointed to hold a campmeeting on the Yam Kill on the old ground. The excessive labour of mooring had thrown me into such a fever and for two clays I was very sick so that I could not get on the Camp ground until Staurday. Here I found the brethren at work and most abundantly did the bead of the Church bless their labours There was much that was good in the sermons preached Clear Plain pointed exhibitions of Gods truth such as save the soul. The Sabbath following was a high day it opened finely with a prayr meeting, and religious services followed each other in close and diligent succession until set of Sun there were four Sermons and divine unction attended them all. The scene that followed the last I cannot well ​
describe there was one general cry "the shout of a king in the camp" Awakened sinners crying for mercy, happy believers rejoicing in God, New born souls for the first time praising the Saviour, and many a hypocritical sinner striving to conceal and cloak over his deep convictions with affected indifference, but in vain the conversion of a man named Jeffrey & his daughter excited universal interest he was past middle age and when God spake peace to his soul was so overwhelmed with a sence of the divine condesension in plucking him as a brand from the burning that his expressions of praise and gratitude were most effecting his daughter aged 14 shared in the same shower of mercy with many others and when I retired early as my recent illness and general habits required the voice of praise and prays was still assending and at the hour of midnight and dawn of day it had not ceased. That camp ground is a holy place, 22 persons were converted and 16 joined on probation. The work of God is revived the unhappy predudice between Western and Eastern brethren is about annihilated and an impression made on the public mind favourable to piety. Our brethren the Presbyterians held a Camp meeting on the Twality plains. It was a good meeting and several were converted. It was held near the residence & under the superintendance of Broth H. Clark whith whose wife Broth Wilber was acquainted in the States He is a very estimable minister of Christ (The somewhat notorious Mr. Griffin 6 who in a letter to the States some time since accused the M. E. Church in Oregon of coming out openly in favor of adultery lives near this place He dare not deny that he wrote such a letter nor will he exactly confess it nor will he make any amends for it whatever. The basis of his Slander is this. Some years ago several white men servants of the H. B. Co. came into this valley with native women as wives from Red River some of them became serious they had been united to these women according to the usages of the country where they had lived when they came within the bounds of civilization they were desired to be married (or be re-married, if you please) according to civilized usages this some of them were slow to do. Our ministers took some part in the buisiness and married many of them. So did other ministers but the zeal of Mr Griffin knew
6 Rev. J. S. Griffin, an independent missionary, manifesting many fanatical tendencies. ​
no bounds It became firey and overleapt all propriety and because our men would not go the length he desired, Therefore the M E Church came "out openly in favor of adultery". The truth is the Methodist Ministers married more than he did three to one. This man is in bad odour among his brethren for his officious altraism and as his Slander was too great to be injurious so it may be too small & too long since gone by ever to deserve farther notice. He does not for some reason join the association his brethren have formed in this country but professes to be a member of the Lorain association in Ohio) At as early a period as could be managed we held an extra meeting at Oregon City, Broth Wilber and myself went clown to assist brother Leslie. It commenced on Wednesday evening 12th July the first congregation was small the next day we commenced to visit the entire city going into every house talking with the people & praying with them & in the afternoon held a prayr meeting, our evening congregation was greatly improved on Friday visiting was resumed with diligence until lour P M when we had a most precious season in our prayer meeting live persons came forward for prayers and both then and in the evening the Lord was
at to hear. Resumed our visiting on Saturday with at the same success The Sabbath services were owned of the Lord & the good seed of the Kingdom thus sown in tears cannot fail to produce a harvest. Altho sinners were awakened many deep impressions made & several persons forward & the members of the Church quickened & revived yet we are not sure that any were converted and 2 restless dissatisfaction pervaded our
s c-n that account.
If ever their \vas a country where "visiting from
352 to house" according to discipline was imperiously
this is that country. I am fully satisfied when
vork ia, faithfully done GO that each o'l our ministers
ay "Therefore watch & remember that by the space y ministry among you) I ceased not to warn every one by day cb night with tears" then & not till then this ierness & solitary place shall -be glad for them & this desert shall rejoice & bud & blossom as the rose. It was sometime during this month that we succeeded in makein arrangement with the Rev C. Eells 7 to take charge
7 Rev. Gushing Eells of the American Board Mission. ​ ​ailed.
life. "Thursday 7th Sep Today my wife and two boys are quite sick with fever. I nursed them all until 2 p. m. and then started for Oregon City on the Brown horse. Arrived at 11 o. c. and slept in my barn haveing travelled 50 miles."
It was indeed pleasant to find on returning the following Monday that they had entirely recovered. A campmeeting was held at Fullers on Mary's river on the 15th of September. The extensive prevalence of the mania for gold had so far drained the country that Bro. McKinney the preacher in charge was left to prepare the ground almost alone. But the attendance was so much greater than he had expected and the Baptism of the Holy Spirit so powerful that every sorrow was forgotten. In view of closeing the meeting on Monday morning the brethren seemed to lay themselves out for a season of special labour for souls, and it seemed that a full cup a
( ) portion was given to them. I greatly doubt if it
ordinarily falls to the lot of Gods children on earth to have more especial visitations from on high than were vouchsafed at this meeting 9 souls were converted.
Doubtless it will be to our interest to multiply our Campmeetings another year if possible, they attract very general attention. And in every instance that I have become acquainted with have been greatly owned of God.
It will now be proper to pause in these general remarks and notice more particularly the different parts of our work, beginning with:
Oregon City This place receives its importance from its great water power, and will doubtless become an extensive manufacturing town. It is a little above ship navigation. Bro. Leslie has labored in this place during the year under some disadvantages. The church is unfinished and (thru) the winter has been so very cold that it was impossible to keep it comfortable, so that at times the congregation has been very small. The Sabbath school was quite good during the summer, but the gold fever took away the teachers and the cold kept away the scholars, so that during the winter it was the day of small things. There was a class and Sunday School formed at Clakamus two miles distant and in view of the demands of the work in both places Bro. Jos S. Smith was employed in October to assist Bro. Leslie with the understanding that he was to pay an occasional visit to Portland. This latter place very shortly assumed an ​ of the Oregon Institute & we indulged the hope of being able to retain his services until we should have a principal from the States but having appropriated another part of this report exclusively to the Oregon Institute I shall leave it for the present.
While attending an extra meeting on the Rickreall I became acquainted with the case of a Mr G c who came to this country some years since a man of wealth and if not skeptical as to religion in every sence could only claim to be a Universalist. His infidel friends were very anxious to have it understood that he died in peace. But it so happened just that time that one of our brethren an acquaintance of his was passing at the time and obtained access to the dying man. He had cursed his Maker many times during his illness, and now "Lord have mercy" was his constant cry: thus he died and no ray of light sheds its cheerful radiance upon the dreary gloom of his grave. Our Camp meeting for Salem commenced on Friday the 25th of August. The excitement for gold, had become very general but the attendance was quite good. The largest congregations amounted to about 500. Our aim has been to keep the people so busily employed on such occasions that there should be no time for idle gossip or worldly conversation, and the oneness of aim on the part of all the preachers was well calculated to secure this end. The greatest manifestation of mercy was experienced on Monday night, and so liberally did our members share in its fullest measure that whether they went in the body or out of the body many of them I suspect could not tell.
The number of persons brought to the knowledge of the truth at this meeting was estimated at 19, but I am satisfied this is below the real number. (The interest of the church now began to assume a highly exciting, and at the same time a deeply embarrassing aspect. So large a proportion of the male population seemed ready to move to the gold mines of California, that it required no small share of wisdom to decide how they could best be supplied with the word of life) 8
Early in September my family was somewhat unwell, the following entry in my journal very briefly alludes to a day which I should place among the shades of itinerant
8 The editor cannot determine if Mr. Roberts intended this parenthetical portion to be a summary of a section of his letter, or if it is a portion he eliminated from the letter he m ​ ​importance which induced me to believe that Bro. Smith had better spend his time there chiefly which he did from about the first of January until the Annual meeting. His labors have been very acceptable and a Sabbath school has been kept in vigorous operation numbering 31 scholars. Arrangements have been made to secure a lot of ground for a church and parsonage. There is not even a good schoolhouse in Portland and our meetings have been held in a private house until lately. This place and its vicinity is sickly, the Ague almost necessarily prevails the Columbia river backs up the Walamet far above Portland at the season of its annual freshet in June and July, and when the water subsides there are many places visited with intermittent fevers. Still Portland though small at present is destined to be a place of importance. It is the head of ship navigation on the Walamet. Our members at Oregon City and Clackamus No. 51 four have died during the year (see my own course).
Salem. This circuit at the head of which stands the Oregon Institute has been the field of labor assigned to Bros. Wilber and Wallar. There has been a good work of a religion steadily progressing in most of the appointments. The membership has increased considerably although the report will not show it because the upper part of the circuit was taken off and constitutes the charge of Bro Helm. Such has been the faithful punctuality of these brethren that I have yet to learn that any appointment has been missed the past year for any Cause Whatever. There are in the several socities in this charge 105 members some 40 persons professed faith in the Saviour during the year, most of whom joined the church. There has been an obvious increase of spirituality over the past year. There have been 4 sabbath schools with 125 scholars taught by 20 teachers. The school at the Institute has been very prosperous. Three of the children have been converted and added to the church who promised to be very useful. The Oregon Institute is a bright spot in the Oregon territory The examination of both departments of the school at the conclusion of the Fall term on the 23d Nov. last gave evidence of great care and success on the part of Mr. & Mrs. Eells (in training the children committed to their care. At the conclusion of the winter term the school was in a still more prosperous condition. But we are
seriously embarrassed at Salem for want of room, there is no room in the Institute building quite large enough for a church and yet it does not seem to be the time exactly to attempt to build a church but the moment hastens on when some kind providence will open our way to build a house for the Lord.
Calapovia [Calapooya] This circuit according to an arrangement made the first quarter is East of the Walamet extending from the Santiam to the highest settlements up the valley. It is a beautiful country though sparsely settled and with other portions of the work has suffered severely by the drain of the people in search of gold. Bro. Helm has been the preacher and has been rather low spirited part of the year, indeed it requires strong faith to go steadily forward in some portions of this territory when the houses become tenantless and farms are deserted and societies broken up. But if the man of God goes on with his work, extending and varying his plans, as circumstances require, the waste places are soon built up, and souls are saved. There are 36 members on this circuit and the Sabbath school at the Calupovia [Calapooya] had to be discontinued during the winter, (see the society at Bro. Rirks)
Mary's River is west of the Walamet, extending from the Eicimuke [Luckiamute] up to the highest settlements, It has been under Bro McKinney's care, the extreme upper part of the circuit I have never yet been able to visit but I learn there is a class near Long Tom second to none in the territory for genuine Methodism Both the Leader and members came together from Missouri and settled together in the upper part of the valley. When Bro McKinney went on the circuit there was but one class consisting of 15 members. Since then he has formed three additional ones. One at Simpsons of 10 members, another at Mary's River of 33 and a third near Long Tom of 23 members, so that there are 81 in all, 12 of whom are on probation. During the summer there was a Sabbath school organized on this circuit with 10 officers and teachers and 40 scholars, but it was soon discontinued partly en account of the removal of the persons who had charge of it and partly because of the weather. The preacher was unable to fill several of the appointments late in the winter because there was nothing for his horse to eat. Just at the time when the deep mud and swolen streams made the travelling ex
tremely difficult the impossibility of procuring provender rendered the going impossible. But these upper circuits will yet become the garden of Oregon.
Yamhill. This river and the adjoining country takes its name from the Yamhill Indians, now nearly or quite extinct, early in the year this circuit promised and actually yielded a greater harvest than any other part of our work. With a larger membership than any other circuit it was diligently attended to by the preachers. In common with other places it has greatly suffered by removals to California and even when the people have remained the excitement has run so high that we could scarcely hold our own since last autumn. The membership at present is 146. There were 6 S. schools formed with 100 scholars, 18 officers & teachers and 300 Vols in the Librarie. All of these schools were discontinued in the winter and with one exception will be resumed again this spring. It is supposed that 40 souls have been converted on this circuit during the past year. There are 147 members.
Tualatin Plains In July last Wm. H. Wilson was employed to labor at the Twalatin Plains and Portland assisted by C. 0. Hosford. After three months labor Bro. Wilson concluded that it would be best to hold up for the present as he could find no place on the circuit for his family to reside and the prospects for doing good were sadly disarranged by the mania for gold. By a kind providence just at this time Bro Wilcox a very excellent local Deacon came in from Missouri and took a strong hold of the work until the present spring. This brother came originally from Western N. York and will be useful wherever he goes. This spring he accompanies his children to California and will I doubt not brighten up some spot in that dark land. During the winter a monthly visit was paid by some one of our brethren and thus with the labors of Bro Wilcox the people were served with the word of life. The membership amounts to 16 only. Our statistics will stand as follows. ​
Whites Col'd L.E. L.D. Preach S.Sch Off&Tch Schol Vols
Oregon City &
Clak 51 1 6 35 150
Salem 105 1 1 6 1 11 73 150
Calapovia 36 1
Mary's River 81 1 4
Yamhill 147 3
Tualatin Plains.. 16 11
Portland . 7 1 3 31 106
443 1 1 3 14 3 20 139 406 Last year 315 2 17 3 19 108 300
Increase 128 111 1 31 106
Decrease 3
In the above I entirely omit those which are discontinued in the winter they must however be counted and added to the above make the list as follows.
Schools Off. & Teach. Scholars Vols.
Salem 3 7 45 50
Yamhill 6 18 100 300
Mary's River 1 10 50
Now in operation 3 20 139 406
Total . .13 55 334 756
As nearly as can be estimated 81 persons have been converted during the year, seven of our members have died and 27 have been removed not counting those that have gone to the mines expecting to return the nos [numbers] of which I cannot now ascertain.
Saml. Newman a Local preacher, was killed by the Indians in California leaving a widow and several children with the particulars of his death I have no very definite information. The general facts seem to be that while he & 2 others were hunting for their oxen they came upon the Indians who had taken them and were cruelly murdered and their bodies burned. The mining business is not without its perils.
I have had occasion to remark of our members generally who have departed this life, they die well. I was particularly interested in the case of a sister Seward who died early in the winter She was a woman of ex ​
alted piety, living in closest fellowship and communion with God. To a lukewarm professor who was excusing himself in the neglect of secret prayer, for want of a suitable place to pray while on the road, she remarked "The praying soul never lacks a closet."
It will be readily perceived that our hopes of success during the past year have not been fully met. The exciting "Haste to be rich" has come like the wintry frost over the tender plants of piety and many of them withered and died. Many of our members went to the mines and have returned, some not seriously injured, and others shorn of their strength. It long remained a doubt if we ought not to have sent one or two of our ministers with them to the mines, to watch over them and to preach to the hundreds there, the words of life but with more work at home than we could attend to the moment never came when we judged it prudent to detail men for this hazardous business and subsequent events seem to justify our course.
It seems very likely that the treasures of gold along the Pacific Coast will produce a WORLD WIDE EXCITEMENT which will people the valleys and Sierra's of California and Oregon with an immense population in a short space of time. The adventurers of the world will be here. And it is to be feared there will be many a wreck of religion and morality. To meet this concern of people, to save these souls there needs an active, capable, almost omnipresent ministry. With all the institutions of the church and all the instrumentalities and appliances of the Gospel of Christ, shall the Methodist Episcopal church do her part? Shall her watchman welcome every emigrant and standing on every hill top and in every valley sound the trumpet and warn the traveller of his danger, and guide his feet into the ways of peace? What is done, must be done quickly. Those of us who are on the ground by Divine aid are doing what we can. Elsewhere I have plead in behalf of the Oregon Institute, and of California one of two things is obvious these pleadings are very defective or the action of the Church is very slow, but ere long her giant energies will be aroused, we hope to accomplish something in these ends of the earth.
I am Dear Bro
Yours in Christ ​
W. R.
Financial Letter copy of items
poured items in Sep. personal expenses $329.20 of the
Mission $4439.44
San Francisco N. C. July 26, 1849 To Cor Secy of the S. S. Union of the M. E. Church
Rev D. P. Kidder Dear Bro.
Oweing to the constant pressure of official duties it has been impossible for the report of our Sabbath school interests in Oregon for the past year to be prepared until the present moment; and even now it is immensely difficult in this land of excitement and adventure to find a place to write or a moment of sufficient Calmness to review the doings of the year.
The schools in actual operation at the last annual meeting were as follows.
At Oregon City 1 school, 6 officres & teachers, 35 scholars, 150 Vols in Lib. At Salem, 1 school, 11 officers & teachers, 73 scholars,
150 Vols in Lib. At Portland, 1 school, 3 officers & teachers, 31 scholars,
106 Vols in Lib.
This last school was organized in January last by Bro J. S. Smith and is in a highly prosperous condition. The labor chiefly devolves on the preacher, but promises a rich harvest so long as it can receive proper attention. At Oregon City the school has fallen off considerably oweing to the removal of many of the families, the unfitness of our church, during the past cold winter, and the organization of several other schools in more comfortable quarters, Bro Leslie has done all that he could to sustain the school.
The school at Salem, has been very successful. Three of the children have experienced religion and joined the church. The latter part of the year witnessed a decided increase in the general attendance of both teachers and children. A few such schools as this carried on with vigor for years would soon regenerate the children of the present generation.
It is proper of course to notice the schools that were in operation during the dry Season, but had to be discontinued during the rains of winter. ​
Schools Officers & Teachers Scholars Vols.
Salem Circuit 3 7 45 50
Yamhill 6 18 100 300 Mary's River 1 10 50
11 35 195 350
These when added to those now in operation make a total of 13 schools, 255 scholars and 756 volumes in the Libraries.
In each of these schools there have been placed some of the S. S. Books sent to this country by the Whiton in 1846. One of the 10 sets was left in California, and the other nine distributed as best we could in our various schools in Oregon.
The S. S. Books shipped in the Undine were bought in by some person and sent to us in a damaged condition late in the season. But who it was and at whose cost I cannot yet ascertain.
From a letter received from Bro Jos McCoy Superintendant of the S. School in Jersey City I [understand] we are indebted to our friends in that school for a valuable present of S. S. books. If the Lord of the harvest would only send forth a sufficiency of labourers here, to allow those of us, already in the field to say in private letters, to the kind agents in these works of faith and labours of love, what we desire to say We should rejoice.
Until then we can only hope that these more public expressions of grateful emotion will give assurance that the contributions of children and their friends for the benefits of sabbath schools in this land are greatly needed and thankfully received.
The books sent out by the Whiton in her last voyage were just landed when I left Oregon and I had not time to learn the contents. Our population is yet scattered over the country, many of our friends are digging gold, and there are among the Campbelites and others the most decided expressions of hostility to this great enterprize: but amid the coldness of some friends the inexperience of others and the hostilities of enemies the S. S. cause is decidedly advancing among us. We are thankful to the S. S. U. 9 of the U. S. for the valuable donation of books already sent us and respectfully solicit a continuance of its favors. W. R.
9 Sunday School Union of the M. E. church. ​
Letter to Dr Babcock
San Francisco July 27, '49
Sent $1667.48 less $166.74 $1601.30 in a draft of July 28 '49 and request to be released draft charged to my a/c.
(Directed to Bath N. Y.)
San Francisco July 28th '49 To G. Lane
I send through S. & S. Halsted over $3,000. mint. I draw on you favor I. R. $1,000. I. L. Bab $1601.32 Some to E. S. I. Same to Lan & Seutt for periodicals.
Salem 0. T. Nov. 7th 1849 Rev G. Lane Dear Bro.
I hereby forward to you various items of business relating to our affairs in this country. I have drawn on you this day for $50.00 favor Mary Hauxhurst of Cold Spring L. Island which please honor and charge a/c of Oregon Mission.
This money is paid me for the benefit of this aged woman by her son an esteemed brother among us. He designs it for her personal benefit therefore if the draft is presented before you pay it ascertain that she is alive, in case of her death I am to refund the money. If she is living and receives this he wishes to send her $50 more shortly.
There is another case involving a little more trouble James White of Salem 0. T. wishes to send through you $100. to his mother Sarah White of Jackson Co. Indiana or if she is dead to Jos Henderson or Jas. Woodmansey Jr.
The nearest post office is he telles me Leasville Lawrence Co. He has pd me the money. I am responsible and am to refund it unless I can get anct. from one of the persons above named within 18 months.
Please send in a letter $100. to Sarah White or Jos H. or J. W. Jr Jackson Co la. and obtain a receipt for it which please forward to me and charge a/c of Oregon Mission. Send such funds as will pass current in Indiana.
W. R.
I send you to be audited and allowed a bill of $129.02^. ​
WM. ROBERTS.
To the Bishop &c
Salem Nov 26th 1849 Rev & Dear Bro.
I desire to communicate with you in regard to some points connected with the interest of our beloved [church] on the Pacific Coast. The & C Mission Conf 10 was organized on the 1st Wed in Sep last, the session which commenced on the 5th lasted until Monday 10th there was good Christian feeling and harmony throughout and it is the general opinion here that the organ [ization] of a conf. at this juncture is peculiarly favourable to our prosperity. There are some points on which I desire information. What is the power of a certif [icate] of Location. Wm. H. Case is before me He has his parchments of ordination to the off [ice] of Deacon by Heddy in 1831. El[der] by Roberts in /33 and a certif [icate] of Location dated Danville Ky, Octo. 22, '39 by B. Maugh He has been in the employ of the Mission since 46 labouring accessably when the confer [ence] was organized this Bro. applied for admission on the strength of these testimonials it was desired by all that he should be reed, and no embarrassment presented itself excepting can a man who is a local preacher be permitted to enter the travelling con[nection] except he comes in on time by receiving] from a quarterly conference. It seemed to me (for the question was mine for locations are rare in the N. J. & Pa. Conference) that he could not, but some brethren present insisted that they had known cases where there were readmitted in virtue of such certificates. Bro Leslie stated such to have been his case in the N. E. Cof . and in spite of my doubts I decided Wm Helm to be eligable to admission. Please inform me which were right the doubts or the decision, and if the action was wrong what course should be pursued to have the affair set right.
There is another case, Clinton Kelly at the time of the unf or [tunate] division he fell on the support of the church contrary to his wishing in almost every respect he was compelld to adhere south for peace sake, and was a t. p. [traveling preacher] in the Louisville conference. Almost exclusively to get out of the reach of Slavery and to be in his own church he emigrated to Oregon. While his conf. was yet in session I think in the Aug of '47
10 Oregon and California Mission conference of the M. E. church 1848-1852. ​
he started for Mo. he wrote to his P. E. [Presiding Elder] for the proper testimonials the Conf. granted him a Location and appointed the sec. and P. E. a com. to prepare and forward the proper [credentials] they reached him on the road and consisted of a certificate of Location and a copy of the Res. of the conf. appointing the sec. & P. E. a com. as above but nothing further.
The certif . he preserved the [resolution] he did [not] thinking it of no account. Now how can he become a member and minister of our church perhaps he may never wish to [enter] the itinerary but he does wish to be one of us he is with us in heart soul and feeling and labors also he is an ex-preacher and wants to come in as a local preacher among us without of course going on probation]. When his case comes before the Con. it was the wish of himself and all that your advice and course in the case should be obtained his brother also (just arrived) is in the same condition we had waited long to see something in the action of the Gen. Conf. which would relieve the case but finding nothing we write to you. These are cases in which every thing is right so far as the brethren are concerned what course must be taken with them.
A minister from the P. IT. [United Presbyterian?] Church has applied to join and is almost the only representative of that ch. in this country. Now on condition that the conf. should be satisfied of his being in orders &c. can I in virtue of my (nondescript office as Stevens calls it) as Supt. administer the ordination vows (without the - ) and furnish a certif [icate] &c accor[ding] to Discipline] p. 41 I suppose I cannot what is the proper couse. In conclusion we are now anxious to know when the said visit is to be paid it is indeed [essential] to the pres [progress?] of our porwk that one of our Bro. visit us the coming season so as to be present at the conference in Sep 1st week). 1850. The plan will be to cross the [mountains?] so as to reach Cal. before the 1st of June visit the principal places there and by the 1st of July start for Oregon, travel over the country survey its interest and after the session (the time of which might be altered if necessity required) return to the States in the most direct manner possible. (A judicous regard in California will - - extensive travel there for they to Nov 1st unless necessity required it?) Now can you or one of your colleagues come? I think it will ​