# Oregon Historical Quarterly/Volume 5/Recollections and Opinions of an Old Pioneer, part 2

Continuation of Recollections and Opinions of an Old Pioneer; continued in Recollections of an Old Pioneer, part 3
"Recollections and Opinions of an Old Pioneer"~~Continued.
By Peter H. Burnett.
CHAPTER IV.
Rocky Mountain Trappers—Their Peculiar CHARACTER— Black Harris—Joseph L. Meek—O. Russell—Robert Newell
When we arrived in Oregon we found there a number of Rocky Mountain hunters and trappers. who were settled in the Willamette Valley, most of them in the Tuaiatin Plains. The invention of the silk hat had rendered the trapping of beaver less proﬁtable. Besides. most of these men had married Indian women. and desired to settle down for life. They had been too long accustomed to frontier life to return to their old homes. Oregon offered them the best prospects for the. future. Here was plenty of land for nothing, and a ﬁne climate.
These trappers and hunters constituted a very peculiar class of men. They were kind and genial, brave and hospitable. and, in regard to serious matters, truthful and honest. There was no malice in them. They never made mischief between neighbor and neighbor. But most of them were given to exaggeration, when relating their Rocky Mountain adventures. They seemed to claim the privilege of romance and tube when describing these scenes. As exceptions to this rule, I will mention Judge 0. Russell. now living in El Dorado County, California. and Robert Newell, now deceased. Their statements could be relied upon implicitly.
Having been so long accustomed to the idle life of the Rocky Mountains, they were not at ﬁrst pleased with the hard work aml drudgery of farming. Meek told me that soon after their arrival in Oregon they applied to Dr. McLoughlin to purchase supplies on credit~ This application ​sistently, and finally asked the Doctor what they should do, sistently, and, finally asked the Doctor what they should do. He replied in a loud voice: "Go to work! go to work! go to work!" Meek said that was just the thing they did not wish to do.
The romancing Rocky Mountain trapper would exercise his inventive talent to its utmost extent in telling the most extraordinary stories of what he claimed he had seen, and he that could form the most extravagant fiction, with a spice of plausibility in it, was considered the greatest wit among them. The love of fame is inherent in the breast of man; and the first man in a village is just as proud of his position at the first man in a city or in an empire.
I knew, in Missouri, the celebrated Black Harris, as he was familiarly called, and was frequently in his company. He, perhaps, invented the most extraordinary stories of them all, and thenceforward he had no rival. He said that on one occasion he was hunting in the Rocky Mountains alone, and came in sight of what he supposed to be a beautiful grove of green timber; but, when he approached it, he found it to be a perified forest; and, so sudden had been the process of petrification, that the green leaves were all petrified, and the very birds that were then singing in the grove were also petrified in the act of singing, because their mouths were still open in the petrified state. This story I did not myself hear from Harris, but I learned it from good authority.
From these Rocky Mountain trappers I learned something in regard to that interesting animal, the beaver. Many persons suppose, from the fact that the beaver is always found along the streams, that he lives, like the otter, on fish. This is a mistake. The beaver lives entirely upon vegetable food, and for this reason its flesh is esteemed a great delicacy. The animal feeds mainly upon the bark of the willow tree, which grows in abundance along the rich, moist margins of the streams, and is a very soft wood, easily cut by the beaver, with his large, sharp teeth. In countries where the streams freeze over in winter, the beaver makes his dam across the ​streams of mud and brush, so intermixed as to make the structure safe and solid. In this work he uses his fore-paws, not his tail, as some have supposed. The tail is used as a propelling and steering power in swimming. The object in dammini: the stream is to deepen the water, so that it will not freeze to the bottom, but leave plenty of room below the ice for the storage of the winter's supply of food. In summer the beaver cuts down the green willows, and divides them into lo:s of proper length, so that they can be readily moved. These logs are deposited at the bottom of the pond, and kept down by mud placed upon them. The willow in its green state is almost as heavy as water, and these logs are easily sunk and eon fined to the bottom. On one portion of his dam the beaver constructs his house, above the water, with an entrance from beneath. This gives him a warm home and safe retreat in winter.
The mode of trapping the beaver is peculiar. The trap itself is never baited. The animal has in his body a secretion something like musk. The trapper finds out the home of the beaver, and selects a place on the side of the pond where the water is shallow near the shore; and there, in the ed_ r e of the stream, he drives down a stake of hard, seasoned wood, which the beaver can not cut. To this stake he fastens a chain that is attached to the trap, and then sets the trap in water some six inches deep. On the shore, exactly opposite the trap, he places a bait of the secretion. The beaver always swims up the center of the pond, and when he comes immediately opposite the bait, he turns at right angles and -roes straight toward it, but is caught in the trap while passing over it. So soon as he feels the trap he endeavors to escape, and drags the trap into deep water as far as the chain will permit. The steel trap is so heavy that the beaver can nut possibly swim with it. but is confined by its weight to the bottom, and is there drowned, as the beaver, like other amphibious animals, can remain alive under water only for a limited time.
The heaver is easily tamed, and makes a very docile and ​interesting pet. He is remarkably neat and cleanly in his habits, as much so as the domestic cat, and almost as much so as the ermine, which never permits its snow-white covering to be soiled.
I am not aware that any wild animal, except the glutton, ever preys upon the beaver or otter. Their terrible teeth are most formidable weapons, and few wild animals would venture to attack them. Besides, they are covered with a large, loose skin and thick fur, so that the teeth of another animal can hardly reach a vital part. It is a well-known fact that one otter will vanquish a number of large, brave dogs. Every bite of the otter leaves a large gash, like that made by the huge tusks of the wild boar.
Among the most noted of these trappers was my neighbor and friend, Joseph L. Meek, whose life has been written by Mrs. Victor, of Oregon. Meek was a tall man, of fine appearances most genial, kind, and brave spirit. He had in his composition no malice, no envy, and no hatred. I do not remember ever to have heard that he had a personal difficulty with any one. In relating his Rocky Mountain adventures, he was given, like a majority of his comrades, to exaggeration.
His comrades told a story upon him, which he admitted to me was true. A party of them, while in the Rocky Mountains, were one day stopping to rest, when they saw a band of hostile Indians, mounted and charging down upon them, at the distance of a few hundred yards. Meek and his comrades mounted their animals in the hottest haste; but the fine mule Meek was riding became sullen and would not budge. Meek screamed out at the top of his voice: "Boys, stand your ground! We can whip 'em. Stand your ground, boys!" But his comrades were of a different opinion, and were fleeing from the Indians as fast as possible. However, as the Indians approached, Meek's mule began to comprehend the situation, changed its mind, and set off at its utmost speed in pursuit of its companions. In a short time Meek and his mule were alongside of the fleeing hunters; and very soon Meek passed them, whipping his mule and crying out most lustily: ​"Come on, boys! We can't fight 'em! Come on, boys! Come on!"
I remember a story Meek told to myself and four others, as we were returning from Oregon City to our homes in the Tualatin Plains. He said that on one occasion he was out hunting by himself, some four hundred miles from Brown's Cove, in the Rocky Mountains, where his company were staying, and that one night his horse escaped, leaving him afoot. He started on foot, with his rifle on his shoulder; but the first day he lost the lock of his gun, so that he could kill no game. The result was, that he walked that long distance, less 15 miles, in eight days, and without anything to eat, except one thistle-root, and that purged him like medicine. He said that toward the end of his trip he would often become blind, fall down, and remain unconscious for some time; then recover, and pursue his painful journey. At last, in this way, he reached a point within 15 miles of Brown's Cove, where one of his comrades happened to find him, and took him into camp.
I replied: "That was a most extraordinary adventure, Joe; and, while I don't pretend to question your veracity in the least, don't you really think you might safely fall a snake or two in the distance!" lie declared it was four hundred miles. "But," said I, "may you not be mistaken in the time?" He insisted he was only eight days in making the trip on foot. "Hut, Joe," I continued, "don't you think you may he mistaken as to the time in this way! When you had those attacks of blindness, fell down, and then came to again. don't you think you might have mistaken it for a new day?" He said he was not mistaken. "Then," said I, "this thing of walking four hundred miles in eight days, with nothing at all to eat, and being physicked into the bargain, is the most extraordinary feat ever performed by man." He said no man could tell how much he could stand until he was forced to try: and that men were so healthy in the Rocky Mountains. and so used to hard times, that they could perform wonders.
Meek was a droll creature, and at times very slovenly in ​his dress. One day in summer I called for him, sitting on my horse at his yard fence. He came to the door and put his head out, but would not come to the fence, because his pantaloons were so torn and ragged. He was then sheriff; and at the next term of our curcuit court I drew up a fic- titious indictment against him, charging him with notorious public indecency; had it endorsed on the back: "People of Oregon vs. Joseph L. Meek. Notorious Public Indecency. A true bill, ' ' and quietly placed it among the real indictments. Very soon Meek was looking through the bundle of indict- ments, and found this one against himself. He, of course, supposed it genuine; and it would have amused an invalid to see the expression of his face. I soon told him it was only a joke, which was apparent upon the face of the indictment, as it had not the signatures of the proper officers.
On one occasion he came to my house, wearing one of the most splendid new white figured-silk vests that I had ever seen, while the remainder of his dress was exceedingly shabby. He was like a man dressed in a magnificent ruffled shirt, broadcloth coat, vest, and pantaloons, and going barefoot.
The second or third year after my arrival in Oregon, and in the month of October, before the rainy season set in, I was about to start for Oregon City with a load of wheat, to secure n winter's supply of flour, when Meek asked me to let him put ten bushels in the wagon, and he would go with me. I said all right; that I would be at his place the next morning early, with my wagon and team, and for him to have his wheat ready. He promised he would. According to my promise, I was at his house next morning by eight; but Meek had to run his wheat through the fan, and put it into the sacks. The result was that I had to help him, and it was ten by the time we were loaded up. In a great hurry, I asked him if he had anything to eat, as I only had some bread in the wagon, the only thing I could bring. I saw he was rather embarrassed, and said : "Have you any meat ? " " No !" "Have you any butter?" "No!" "What, then, have you?" "Plenty of squashes." I said: "Roll them in." He soon ​HK< (i i K< rioNs <>i AN OLD PIONEER. 157 brought as nuniy squashes as his long arms and big hands could carry, put them into the wagon, and were off. I drove tin- team and he rode his horse. On the way Meek rode ahead of inc. and overtook Mr. I'onieroy. roin<r to Oregon ( 1 ity with a wagon loaded with fresh beef. Meek, in a good-humored, bantering way, said: "l' roy. I have an execution against you. and I can not let you take that licet' out of this county." I'omeroy. with equal good-humor, replied: "Meek, it is a hard case to stop a man on the way to market, when- he can sell his beef, and '_:<) the money to pay his debts." "Well," said Meek, "it docs look a little hard, hut I propose a compromise. Bur- nett and I will have nothing to eat to-night but bread and squashes. Now, if you will let us have beef enough for sup- per and breakfast. I will let you off." Pomeroy laughed and told Meek to help himself. When we encamped, about sun- down, some eight miles from the city. Meek did help himself to some choice ribs of beef, and we had a feast. I had had nothing to cat since the morning of that day but bread, and I was hungry after my hard drive. I roasted the squashes and Meek the beef, and we had a splendid supper. I found this beef almost equal to buffalo-meat. We both ate too much, and Meek complained that his supper had given him "the rotten l>elches." I have already mentioned the name of .fudge 0. Russell tie of the Rocky Mountain men. He is a native of tin- state nf Maine, and came to the mountains when a young man, in pill-suit of health. All his comrades agreed !hat he never lust his virtuous habits, but always remained true to his prin- ciples. He was never married, lie was at one time one of the executive committee of uur Provisional (Jovermiient in Oregon, ami must faithfully did he perform his duty. He is a man of education and of refined feelings. After the dis- covery of u'old he came to the mines, and has been criLML'cd m mining in Kl Dorado County, California, ever since. When in Oregon | ( ,. as occasionally a -u.-st at my house, and would for hours entertain us with descriptions of moiiu​158 PETER H. BURNETT. tain life and scenery. His descriptive powers were fine, and he would talk until a late hour at night. My whole family were deeply attentive, and my children yet remember the Judge with great pleasure. He was always a most welcome guest at my house. He did not tell so many extraordinary stories as the average Rocky Mountain trapper and hunter, but those he did tell were true. I remember one instance. He said that he and a colored man were out hunting to- gether on one occasion, and wounded a large grizzly bear. A grizzly bear, when wounded, will rush upon the hunter if near him ; but, if at a distance from the hunter, the animal will retire into thick brush, and there conceal himself as well as possible. In this case, the bear crept into a small but thick patch of willows, and so concealed himself that the hunters had to approach very near before they could obtain a shot. The Judge and his comrade, with loaded and cocked rifles in hand, separately approached, on different sides, almost to the edge of the thicket, when the grizzly, with a loud, ferocious cry, suddenly sprang to his feet and rushed toward the Judge, and, when within a few feet of him, reared upon his hind legs, with his ears thrown back, his terrible jaws distended, and his eyes gleaming with rage. The Judge said that he knew that to retreat was death, and that the only chance was to make a sure shot. With the accuracy and courage of a skillful hunter, he fired as the bear stood up, and gave him a fatal shot through the heart. The bear fell, and the colored man came up as pale as a colored man could be, and exclaimed, "that was a 'roshus animal." Robert Newell was a native of the state of Ohio, and came to the Rocky Mountains when a young man. He was of me- dium height, stout frame, and fine face. He was full of humanity, good-will, genial feeling, and frankness. He pos- sessed a remarkable memory, and, though slow of speech, his narrations were most interesting. In his slow, hesitating manner, he would state every minute circumstance in its proper place, and the hearer was most amply compensated in the end for his time and patience. I knew him well, and have ​often listened to his graphic description of incidents that came under his observation while he was in the service of the Missouri Fur Company. I remember a very interesting narration which I heard from him. I can only give the substance.
The hired men of the company were mostly employed in trapping beaver and otter. A war grew up between the whites and Indians, as usual.. It was not desirable to the company, and its manager made efforts to secure peace. For this purpose he consulted with Newell, and asked him if he would be willing to go as a commissioner to the Crow Indians to treat for peace. Newell consented, upon condition that he should only take with him an interpreter and a cook.
With these two men Newell boldly made his way to the Crow camp. The Indian chiefs assembled in the council-lodge, and the orator on the part of the tribe brought in a bundle of small sticks. He commenced and stated an aggressive wrong against the Crows on the part of the whites, and demanded for that a certain number of blankets. Having done this he laid aside one stick, and then proceeded to state another grievance and to lay aside another stick, and so on until the bundle was exhausted. The number of these complaints was great, and the amount of merchandise demanded far exceeded the ability of the company to pay.
Newell said that while this process was going on he felt himself almost overwhelmed. He could not make a detailed statement of wrongs committed by the Indians against the whites sufficient to balance this most formidable account. He had not prepared himself with a mass of charges and a bundle of sticks to refresh his memory. In this emergency he determined to take a bold, frank position, and come directly to the point by a short and comprehensive method. When it came to his turn to speak he told the council that he was sent as the mere agent of the company, and was not authorized to enter into any stipulation for payment to either party; that he did not come to count ever the wrongs committed in the past; that both parties had done wrong often, and it was ​160 PETER H. BURNETT. difficult to say which party had been oftenest or most to blame ; that he came to bury the past and to stipulate for peace in the future, and wished to know of them whether they would mutually agree to be friends for the time to come. This was the best possible ground to be taken, and so pleased the assem- bled chiefs that they entered into a treaty of peace. But, a very short time after this treaty was made, and be- fore Newell and his two men had left, a sad accident occurred that well nigh cost Newell his life. One night before bed- time, the cook had hung a small kettle above the fire in New- ell's lodge, and had pretty well filled it with choice pieces of fat buffalo meat, with intent to have a feast. After doing this, the careless cook went out, and the kettle boiled over; and the first thing that Newell saw was the fire blazing out at the top of the lodge. When he first saw it he was at the lodge of one of the chiefs, a short distance off. In the hurry and confusion of the moment Newell ran to his lodge, seized the kettle, and gave it a sudden sling, and it happened to strike an Indian in the face and scalded him terribly. The Indian gave a loud scream, which at once aroused all the camp. The excitement was terrific. The act could not be denied, and the injury was palpable and most grievous. It was thought that both the eyes of the Indian had been put out; and his friends and kindred were vehement and loud in their demands for punishment, The principal chief at once summoned a council to consider the case. The chiefs met in the council lodge, while the people, including men, women, and. children, squatted in front of the door, leaving a narrow passage for the prisoner, with his interpreter, to enter the lodge. Newell said that as they passed through this enraged mass of people they exhibited the utmost hatred against him, especially the women, who manifested their intense animosity in every way, by word, and gesture. In passing by them, they would lean away and shrink from him, as if his touch v;is pollution itself. When he entered the dimly lighted council lodge all was grim and profound silence. Not a work was spoken, nor a move ​RECOLLECTIONS OK AN OLD PIONEER. 161 made, t'tir some time. Then one of the chiefs commenced howling like ;i larire wolf, the imitation being almost perfect. After he had censed there was again profound silence for some moments; and then another chief successfully imitated the tierce cry of the panther; and then, after another pause a third chief most energetically imitated the loud cry of an enraged gri/./ly hear. He said that he had never witnessed a scene of terror e<|iial to this. All the chiefs except the principal one seemed to be his enemies. He thought his chance of escape exceedingly small. The head chief was an old man of superior native intellect, and. though uneducated, he understood human nature, lie Deemed to comprehend the ease well. He could see no mali- cious motive for the act. He told Newell to state the facts to the council truly, and he thought there might be some hope for him. Newell, through his interpreter, stated to them all the facts as they occurred; and this just statement, and Newell 's manly and honest face, and frank manner, had a great effect upon the principal members of the council. It was also found that the poor Indian had not been so severely hurt as at first sup- posed, and that his sight was not totally destroyed. The council sat nearly all night, and then decided to postpone the case until time should show the extent of the injury. In the meantime Newell and his companions were not allowed to depart, but were to be detained until the case should be finally decided. But another painful incident soon occurred that seriously imperiled their lives. <>ne day an Indian horseman was wen to approach the camp rapidly: and. when within some hundred yards, he dis- mounted, rolled up his buffalo robe, took hold of one end of the roll, and slowly and solemnly swung it around his head several times; then folded it up. and sat upon it, and brought both his open hands slowly down his face several times in succession. The Indians in camp at once understood the sad significance of these siirns. They knew that he was a mes​sender, sent to inform them that the smallpox had broken out at another camp of their tribe. He would not come near, for fear of communicating the disease to them.
Newell said that he had never witnessed such a scene of sorrow as this. The women and children filled the camp with their loud wailings and bitter lamentations; and despair sat upon the countenances of the men. The Indians were now more hostile than ever, because they believed that this terrible scourge, far worse to them than war itself, had been introduced by the trappers. They knew that this fell disease was never heard of in their country until white men appeared among them. They thronged around Newell and his comrades, and it seemed that they would slaughter them outright.
But the old chief was equal to the occasion. He at once mounted his horse and rode through the camp, saying to all that it was useless to weep and lament, and ordering the people to pack up at once and be off for the Wind River Mountain. This order was instantly obeyed; the cries and lamentations at once ceased, and Newell said he never saw lodges so quickly taken down and packed up as he did on this occasion. In less than one hour the whole camp was on the march to the place mentioned. In due time they arrived safely at the Wind River Mountain, where the sky was clear, the climate cool and healthy, and game abundant. It being in midsummer, the deer had followed up the melting snows to crop the fresh grass as soon as it sprang up just below the snow line, and to be in a cool atmosphere, where the flies would not torment them. Here the Indians recovered from their alarm and excitement. Not a case of smallpox appeared in camp. All were healthy and had plenty to eat. The poor fellow that was scalded recovered in this healthy locality, and was not so seriously injured as was at first supposed. Newell became popular with the Indians, and they at last let him depart in peace.
THE PROVISIONAL GOVERNMENT.
Soon after my arrival at Linnton,, I was consulted as to the right of the people of Oregon to organize a Provisional Gov​RECOLLECTIONS OF AN OLD PIONEER. 163 eminent. At first I gave my opinion against it, thinking we had no such right : but a few weeks' reflection satisfied me that we had such a right, and that necessity required us to exercise it. Communities, as well as individuals, have the nat- ural right of self-defense; and it is upon this ground that the right to institute governments among men must ultimately rest. This right of self-preservat ion is bestowed upon man by his Creator. Ve found ourselves placed in a new and very embarrassing position. The right of sovereignty over the country was in dispute between the Tinted States and Great Britain, and neither country could establish any government over us. Our community was composed of American citizens and British subjects, occupying the same country as neighbors, with all their respective natural prejudices and attachments, and so distant from the mother countries as to be to a great extent beyond the reach of home influences. We had, therefore, a difficult population to govern; but this fact only rendered government the more necessary. We also found, by actual experiment, that some political government was a necessity. Though political government be imperfect, it is still a blessing, and necessary for the pre- -ervation of the race. Without it, the strongest and most reckless characters in the community would be tyrants over the others. The theory of the wandering savage, to leave the kindred of the murdered victim to revenge his death, would not answer for a civil i/ed race of men. The weak and timid, the peaceful and conscientious, and those who had no kin- dred, could not be protected under such a theory. Without any law but that of individual self-defense, we found it im- possible to _Tt nlong in peace. When a person died, the worst characters could sci/c upon his estate under some pretense or other, and defeat the just rights of defenseless heirs. So long as these violent, bad men hat! only to overcome and de- feat single individuals, they had no fears. It is only when the combined force of a whole community is brought to bear ​164 PETER H. BURNETT. upon these desperadoes that they can be effectually kept in order. As we could not, with any exact certainty, anticipate the time when the conflicting claims of the two contending gov- ernments would be settled, we determined to organize a Pro- visional Government for ourselves. In this undertaking our British neighbors ultimately joined us with good will, and did their part most faithfully, as did our American citizens. I was a member of "the Legislative Committee of Oregon" of 1844. It was composed of nine members elected by the people, and (-(insisted of only one house. The year before, the people of Oregon had substantially organized a Provis- ional Government; but the organization was imperfect, as is necessarily the case in the beginning of all human institu- tions. We improved upon their labors, and our successors improved upon ours. Our legislative committee held two sessions, one in June, and the other in December of that year, each session lasting only a few days. In our then condition, we had but little time to devote to public business. Our personal needs were too urgent, and our time too much occupied in making a sup- port for our families. Our legislation, however, was ample for the time. There was then no printing establishment in Oregon. We passed an act in relation to land claims, the first section of which provided that "all persons who have heretofore made, or shall hereafter make permanent improve- ments upon a place, with a bona fide intention of occupying and holding the same for himself, and shall continue to oc- cupy and cultivate the same, shall be entitled to hold 640 acres, and shall hold only one claim at the same time; pro- i-i(fl, a man may hold town lots in addition to his claim." The seventh and last section gave all persons complying with the provisions of the act "the remedy of forcible entry and detainer against intruders, and the action of trespass against trespassers." This act was passed June 25, 1844. It will be seen that the remedy against intruders was simple, cheap, ​RECOLLECTIONS OF AN OLD PIONEER. 165 quick. ;m<l efficient. an<l well adapted to existing circum- staii' By an act passed .June 1*7. 1S44. the executive power was vi-sted in ;i single pel-son, to he elected at the then next annual election by flic people, and at the annual election to be held every two years thereafter, to hold his office for the term of two years, and receive an annual salary of $800. By the sa act the judicial power was vested in the circuit courts, and in the justices of the peace; and the act provided that one judire should he elected by the qualified voters at the annual election, who should hold his office for one year, and whose duty it was to hold two terms of the circuit court in each county every year; and for his services he should re- ceive an annual salary of $500. and also legal fees for pro- hate business. By the same act the legislative power was vested in a house of representatives, composed of members elected annually by the people. The first section of the third article of the same act was as follows: . . Section 1. All the statute laws of Iowa Territory passed at the h'rst session of the legislative assembly of said Terri-* tory. and not of a local character, and not incompatible with the condition and circumstances of this country, shall be the law of this government, unless otherwise modified; and the cumim 'ii law of Knirland and principles of equity, not modi- fied by the statutes of Iowa or of this government, and not incompatible with its principles, shall constitute a part of the law of this land. Article V was in these words: Section 1. All officers shall be elected by the people once a vear. unless otherwise provided, at a general election to be held in cadi county on the first Tuesday in June in each year. at such places as shall l>e designated by the judge of the cir- cuit court. Sec. _>. As many justices uf the peace and constables shall be elected fnnn time to tin;- as shall be deemed necessary by the circuit court of each county. The seventh article fixed the time of holding the terms of the circuit courts in the several counties, and gave the judge ​166 PETER H. BURNETT. the power to designate the several places of holding said terms by giving one month's notice thereof. We also passed on June 24th an act consisting of eight sec- tions, prohibiting the importation, distillation, sale, and bar- ter of ardent spirits. For every sale or barter the offender was to pay a fine of $20; and for establishing and carrying on a distillery, the offender was subject to be indicted before the circuit court as for a nuisance, and, if convicted, to a fine of $100 ; and it was made the duty of the court to issue an order directing the sheriff to seize and destroy the distilling appa- ratus, which order the sheriff was bound to execute. On June 22d an act containing 26 sections was passed con- cerning roads and highways. On December 24th an act was passed allowing the voters of Oregon at the annual election of 1845 to give their votes for or against the call of a con- vention. The following act in relation to Indians was passed De- cember 23d : Whereas, The Indians inhabiting this country are rapidly diminishing, being now 7 mere remnants of once powerful tribes, now disorganized, without government, and so situated that no treaty can be regularly made with them: And Whereas, By an act passed in July 1843, this govern- ment has shown its humane policy to protect the Indians in their rights; And Whereas, The Indians are not engaged in agriculture, and have no use for or right to any tracts, portions, or parcels of land, not actually occupied or used by them ; therefore, Be it enacted by the legislative committee of Oregon, as follows : Section 1. That the Indians shall be protected in the free use of such pieces of vacant land as they occupy with their villages or other improvements, and such fisheries as they have heretofore used. Sec. 2. That the executive power be required to see that the laws in regard to Indians be faithfully executed; and that whenever the laws shall be violated, the said Executive shall be empowered to bring suit in the name of Oregon a gainst such wrong-doer in the courts of the country. ​RECOLLECTIONS OF AN OLD PIONEER. 167 An act was passed mi .June L'Tth fixing tin- number of mem- bers nl' tlir next House if Representatives ;it 1:{, and appor tioninir the representation amon^r the then five counties (f All ncci'ssary loeal hills were passed, and onr little pov- ennneiit v;is put into practical and successful operation. Havinir adopted the general statutes of Tova and the common lav. we had a provision for every case likely to arise in so small a community. At first the ^reat difficulty was to make our little govern- ment efficient. Our people honestly differed very much in their views as to our rirht to institute L'overnment. In 1843 there were .VJ affirmative and ."><> negative votes. There were so many of our people who were conscientiously opposed to the orranixation of any government that we found it a deli- cate matter to use force against men whose motives we were sure were -rood. Still, irovernment had to be practically en- forced. ph L. Meek was selected in May or July, 1843, for sheriff. He was the very man for the position. He was both as brave and as magnanimous as the lion. Do his duty he would, peacefully if possible, but forcibly if he must. If we had selected a rash or timid man for sheriff, we must have Tailed for a time. To be a <_rovern merit at all, the laws must be enforced. Meek scon had his courage fully tested. A stout carpenter named Dawson was en'_ r a<_red in a fiirht in the winter of IS I:: U and a warrant was at once issued for his arrest, and placed in Meek's hands to be executed. Dawson was no doubt of opinion that we bad no rinht to orjranixe and en- tVree diir '.'ovcriiment. Meek went to Dawson 's shop, where he was at work at his bench with his jack-plane. Meek walked in, and said lauirhinjrly, "Dawson. I came for you." Daw son replied thai Meek had come for the wronir man. Meek. still lanL r hin<;. said airain. "I came f<>r you." and was about to lay his hands on Dawson. when the latter drew hack with bis jack-plane raised to strike. Hut Meek was not only stout. ​168 PETER H. BURNETT. but active and brave; and. seizing the plane, he wrested it by force from Dawson. Dawson at once turned around and picked up his broad-axe; but at the moment he faced Meek he found a cocked pistol at his breast. Meek, still laughing, said: "Dawson, I came for you. Surrender or die !" Very few men will persist under such circumstances; and Dawson, though as brave as most men, began to cry, threw down his broad-axe, and went with Meek without further objection. Dawson declared that, as lie had to submit, every other man must ; and he was no longer an enemy of our government. This intrepid performance of his official duty so established Meek's character for true courage in the exercise of his office that he had little or no trouble in the future; and the au- thority of our little government was thus thoroughly estab- lished. CONDITION OF THE PEOPLE HARDSHIPS ENDURED BY THE EARLY SETTLERS. We were a small, thinly settled community, poor and iso- lated from the civilized world. By the time we reached the distant shores of the Pacific, after a slow, wearisome journey of about two thousand miles, our little means were exhausted, and we had to begin life anew, in a new country. The wild game in Oregon was scarce and poor. The few deer that are found there seldom become fat. The wild fowls are plentiful in the winter, but they constitute an uncertain reliance for families settled some distance from their usual places of re- sort. Besides, we had no time to hunt them, and the weather was generally too wet to admit of it. Had the country con- tained the same amount and variety of wild game, wild fruits, and honey as were found in the Western States at an early day, our condition would have been better. But the only wild fruits we found were a variety of berries, such as black- berries, raspberries, strawberries, blueberries, and cranber- ries, which were not only abundant, but of excellent quality. We only found one nut in the country, and that was the hazelnut in small quantities. There were no wild grapes or plums, and no honey. ​RECOI.LKCTIONS OK AX OLD PIONEER. 1(59 For the first two years after our arrival the great difficulty as to proeure provisions. The populat ion being so much increased hy each succeed ing fall's immigration, provisions were necessarily scarce. Those who had been there for two yeai-s had plenty to eat: hut after that the great trouble was to procure clothing, there heiiiL' no raw materials in the coun- try from which domestic manufacture could be made. We had no wool, cotton or flax. Hut. after we had grown wheat and raised pork for sale, we had new difficulties in our way. Our friends were ar- riving each fall, with jaded teams, just about the time the long rainy season set in. The community was divided into two classes, old settlers, and new, whose views and interests clashed very much. Many of the new immigrants were child- ish : most of them discouraged, and all of them more or less embarrassed. Upon their arrival they found that those of us who preceded them had taken up the choice locations, and they were compelled either to take those that were inferior in quality or <_ r o farther from ship navigation. There was necessarily, under the circumstances, a great hurry to select claims; and the newcomers had to travel over the country, in the rainy season, in search of homes. Their animals being pool-, they found it difficult to get along as fast as they desired. .Many causes combined to make them unhappy for the time heinu r . The long rainy seasons were new to them, and they preferred the snow and fro/en ground to the rain and mud. There were no hotels in the country, as there was nothing wherewith to pay the bills. The old settlers had necessarily to throw open their doors to the new immigrants, and entertain them free of charge. Our houses were small log cabins, and our bedding was scarce. The usual mode of travel was for each one to carry his blankets with him, an. I sleep upon the puncheon floor. Our families were often overworked in waiting upon others, and our pro- vis'u.ns vanished In-fore the keen appetites of our new guests. "They hied a famine wherever they went." As illustrative of the then condition of things. I will relate ​170 PETER H. BURNETT. an incident which I had from good authority. An old ac- quaintance of mine, whom I had known in Missouri, came to Oregon in 1844, and selected a claim on the outskirts of the settlements. He was a man of fair means and had a large family. His place was upon the mainly traveled route which led to the valleys above and beyond him. The consequence was that he was overwhelmed with company. He had to travel many miles to secure his supplies, and had to trans- port them, especially in winter, upon pack-animals. He was a man of very hospitable disposition, but the burden was so great that he concluded he could not bear it. The travelers would eat him out of house and home. He determined, un- der the severe pressure of these circumstances, to put up a -ho- tel sign. He went into the woods, cut down a tree, split out a slab some two feet long and one wide, shaved it off smooth on both sides with his drawing-knife, and wrote upon it with charcoal, "Entertainment," and swung it upon a pole be- fore his door. The result was that travelers passed by with- out stopping, as they had naught wherewith to pay, and were too honest to pretend to be able. My friend said that for two months he had the greatest relief. His stock of provisions lasted much longer, and he was quite easy in his circum- stances. But at the end of the two months he began to be lonesome; and by the time the third month had passed he be- came so lonely that he took down the sign, and after that he had plenty of company. Our new immigrants not only grumbled much about the coun- try and climate in general, but had also much to say against those of us who had written back to our friends, giving them a description of the country. In the winter of 1843-44 I had, while at Linnton, written some hundred and twenty-five fools- cap pages of manuscript, giving a description of the journey and of the country along the route, as well as of Oregon. I had stated the exact truth, to the best of my knowledge, infor- mation, and belief; and my communications were published in the New York Herald, and were extensively read, es​RECOLLECTIONS <>i AN OLD PIONKKI:. 171 pecially in the Western States.* I, therefore, came in for my fnll share nf censure. They accused me of misrepresentation. In a letter I wrote on the Sweet water, a tributary of the North Kork of the Platte, I stated that, up to that point, the road we had traveled was the finest natural route, perhaps. in the world. With out any regard to the place from which the letter bore date, they construed it as a description of the iiitin route. Consequently, whenever they came to any very bad road, they would most commonly say, "this is more of Burnett's fine road." . In my communications publisjfcil in the Herald, I gave as much statistical information as I could well do, giving the prices of most kinds of personal property; and, among other articles mentioned, I stated that feathers were worth 37 1-2 cents a pound. Two or three years afterward, the demand having increased faster than the supply, the price went up to (i2 l-'J cents. I was therefore accused of misrepresentation in this case. They would say: "Now, Burnett, here is a plain case. You said feathers were worth 37 1-2 cents, and we find them worth 62 1-2 cents." I would answer: "That us to he too plain a case even for a lawyer to get around: yet. I have this to say, that I did not assume to act the prophet, hut only the historian. I told you what the price was then, and not what it would be two or three years later." I remember that on one occasion, in passing a house late in the fall, I saw that a new immigrant family occupied it, from the fact that it had previously stood vacant : and I deter- mined to call. The lady told me the name of the State from which they came, irave me other particulars in regard to the family, and asked me how long I had been in the country Finally she inquired for my name; and. when I told her it was Burnett, she said: "We abused you a giva; deal on the mad. I suppose we oiiirht not to have done it. but we did do it." I could not but lauirh. there ;is such perfect frank- ness in her statement. It was the u hole truth and no more. Then*- letter* ar- r-|.rlni.-.| In the December yimri. rl>. l!M. ,,|. III. ., i. ​172 PETER H. BURNETT. I said to her : ' ' Madam, that makes no difference. On a trip like that some one must be abused, and it is well to be some one who is not present. ' ' I made it a rule never to become irritated, and never to enter into any heated discussion with them in reference to the country or the journey to it. My usual plan was to listen kindly to their complaints. They often declared that the country was so poor they would return to their former homes. In such cases I would good humoredly reply that "misery loved company; that we found ourselves in a bad fix, and wanted our friends to come here to comfort us; that, as to their going back, it was out of the question ; that, if the coun- try was as poor as they supposed, they would never be able to get back; and, if it was not so bad as they believed, they would not wish to return; and that, anyhow, we had them just where we wanted them to be, and they had better make up their minds to stand it." At any public gathering it was easy to distinguish the new from the old settlers. They were lank, lean, hungry, and tough ; We were ruddy, ragged, and rough. They were dressed in broadcloth, and wore linen-bosomed shirts and black cravats, while we wore very coarse, patched clothes; for the art of patching was understood to perfec- tion in Oregon. But, while they dressed better than we did, we fed better than they. Of the two, we were rather the more independent. They wanted our provisions, while we wanted their materials for clothing. They, seeing our rag- ged condition, concluded that if they parted with their jeans, satinets, cottons, and calicoes, they would soon be as destitute MS we were; and therefore they desired to purchase our pro- visions on credit, and keep their materials for future use. This plan did not suit us precisely. We reasoned in this way, that if they wished to place themselves in our ruddy condi- tion, they should incur the risk of passing into our ragged state they should take the good and bad together. We therefore insisted upon an exchange. After much grumbling ​RKCOLI.I : i -ii.s OF AN OLD PIONEER. 173 on their part, tin- parties ultimately came to an agreement. Hut in many cases the new immigrants had nothing to give in exchange, and we had to sell 1o them on credit. I remember that a new immigrant purchased a place in my neighborhood one fall, and in the succeeding month of June came to my house and asked if I had any wheat in my gar- ner. I told him I had. hut I was eompelled to purchase some clothing for my family, and my wheat was the only tiling I had with which I could pay for the articles we required; that I could not see how we could do without, or how else to obtain them. He said his wife and children were without anything to eat. and that he had a good Crowing crop, and would give me three bushels after harvest for every bushel I would let him have now. I could not withstand such an ap- peal. and said I would furnish him with the wheat, and would <.nly require the same quantity after harvest. But the state of discontent on the part of the new immi- grants was temporary, and only laste^l during the winter. In the spring, when the thick clouds cleared away, and the _ r rass ;md flowers sprang up beneath the kindling rays of a bright Oregon sun. their spirits revived with reviving nature; by the succeeding fall they had themselves become old set- tleis. and fort 1 a part of us. their views and feelings in the meantime having undergone a total change. It was interesting to observe the influence of new circum- stances upon human character. Among the men who went to Oregon the year I did. some were idle, worthless young men. too i.y to work at home, and too genteel to steal ; while some others were gamblers, and others were reputed thieves. I'.ut when they arrived in Oregon they were compelled to work or starve. It was a dire necessity. There were there no able relatives or indulgent friends upon whom the idle could quarter themselves, and there was little or nothing for the rogues to steal; and. if they could steal, there was no ready way by which they could escape into another commu- nity, and they could not conceal themselves in Oregon. I never s.iu so tim- a population, as a whole community, as 1 ​174 PETER H. BURNETT. saw in Oregon most of the time I was there. They were all honest, because there was nothing to steal; they were all sober, because there was no liquor to drink; there were no misers, because there was no money to hoard, and they were all industrious, because it was work or starve; In a community so poor, isolated, and distant, we had each one to depend upon his own individual skill and labor to make a living. My profession was that of the law, but there was nothing in my line worth attending to until some time after my arrival in Oregon. I was therefore compelled to become a farmer. But I had not only to learn how to carry on a farm by my own labor, but I had to learn how to do many other necessary things that were difficult to do. It was most difficult to procure shoes for myself and family. The Hudson's Bay Company imported its supply of shoes from England, but the stock was wholly inadequate to our wants, and we had no money to enable us to pay for them; and as yet there were no tan-yards in operation. One was com- menced in my neighborhood in 1844, but the fall supply of leather was only tanned on the outside, leaving a raw streak in the center. It was undressed, not even curried. Out of this material I made shoes for myself, my eldest son, and a young hired man who was then living with me. To keep the shoes soft enough to wear through the day, it was neces- sary to soak them in water at night. My father, in the early settlement of Missouri, was accus- tomed to tan his own leather, and make the shoes for the Family. In my younger days he had taught me how to do coarse sewed work. But now I had to take the measures of the foot, make the last, fit the patterns to the last, cut out the Ir.-itheix. and make the shoes. I had no last to copy from, never made one before, and had no one to show me how. I took the measures of all the family, and made what I sup- posed to be eight very nice lasts and upon them I made the shoes, using tanned deer-skin for the females and small boys. The shoes were not beautiful, nor all comfortable, as they were not all good fits. ​III!* OLI.KfTlONS CfF AN OLD PlONEKR. 17" In the fall of 1846 my brother, William, came to Oregon, and afterwards lived with me about nine months. He waa a I mechanical genhtt, and could do well almost any kind of work. He could make a splendid last and a good boot. One day I showed him my lasts. He was too generous to wound the f eel i niis of his rider In-other by criticising his poor work. II. said ii-ii a word, hut in a few days thereafter he made a pair of right and left lasts for himself. I observed how he did it. and the moment the first last was about finished I saw that mine were very poor. They were almost flat, scarcely turning up at the toe at all. I quietly took my lasts and cast them into the tire, and then set to work and made an entire new set; and I never gave up the attempt until I suc- ceeded in making not only a good last, but a good shoe. In the course of about two years we had other tan-yards in successful operation, where we could have hides tanned on shares. I had in the meantime made a trade for a small herd of cattle; and after this I had an ample supply of good leather. ;md upon that point I was at ease. The greatest difficulty I had to encounter for the want of shees was in 1844. I had sown some three acres of wheat about the first of .May. and it was absolutely necessary to en- close it by the first of June to make a crop. I did not com- mence plowing until about the LNMh of April. My team was raw. and so was I, and it required several days' trial to en- able us to do irood work. While I was en gaged in making and hanlin*: rails to fence in my wheat, my old boots gave out en- tirely, and 1 had no time to look for a substitute. I was worse <;IV than I was when without a hat in Bolivar. Tennessee. I was determined to save my wheat at any sacrifice, and I therefore went barefoot. Diirinir the first week my feet were very sore; but after that there came a shield over them, so that I could work with great ease, and go almost anywhere except among thorns. lint we had another trouble on our hands. By permission of a neighbor of ours, a sincere minister, we were allowed to occupy temporarily the log cabin then used for a church, <* ​176 PETER H. BURNETT. upon condition that I would permit him to have services there every Sunday. Our minister was always regular in his attendance, and the congregation consisted of about thirty persons. I could not well absent myself from church, as it was my duty to attend. I therefore quietly took my seat in one corner of the building, where my bare feet would not be much noticed. The congregation collected, and the services went on as usual, with the addition of some church business, which happened to come up on that occasion. The sea- breeze set in early that day, and before the church business was finished it became quite cool. Our minister was a thin, spare man, very sensitive to cold, and requested me to make a fire in the stove. I did not hesitate a moment, but went through the congregation and made the fire. They wore moccasins, and stared at my bare feet as I passed. There was no money in the country, and the usual cur- rency consisted in orders for merchandise upon the stores, or wheat delivered at specified points. Our community had an ample opportunity to practically learn the value of a sound circulating medium. No one who has not had the practical experience can fully appreciate the true importance of such a medium as a great labor-saving device. A savage people, who have little or no property to sell, find very few wants to gratify, may get along with a system of barter. An Indian generally has nothing to sell but furs and peltries, and wants nothing in return but arms, ammu- nition, blankets, tobacco, beads, and paint. All he wants he can find at one place, and all he has to dispose of he can readily bring to the same place. But the property of a civi- lized race of men is so various in kind, so large in amount, and the ownership and possession change so often, that a good circulating medium is a very great, if not an absolute, neces- sity. For example, a farmer may have a pair of oxen for sale, and may want a pair of plow-horses. In case there be no circulating medium, he will have great difficulty in making an exchange. He may find a number of persons who have plov-horses for sale, but none of them may want his oxen. ​RECOLLECTIONS OF AN OLD PIONEKR. 177 Hut should he. after much inquiry and loss of time and labor, succeed in Mndinir sonic one who 1ms a pair of plow- hoj-ses to exchange for a pair of oxen, most likely there will he a diH'ereiice in value: and how shall this difference be ad- justed .' In the course of my practice as a lawyer, I had received orders upon an American merchant at Oregon City until the amount to my credit upon his hooks was $45). I called upon him to take up the amount in goods; and he said to me: ".Judge, my stock is now very low, and I would suggest to you to wait until my new goods shall arrive from Honolulu. I am going there to purchase a new supply, and will return as soon as I can." I readily assented to this suggestion. After waiting ahout three months I heard he had returned with his new stock; and Mrs. Burnett and myself set about making out a memorandum of what we wanted. But the L'rcat difficulty was to bring our wants within our means. After several trials we made up our memorandum, consisting mostly of dry goods,, and only six pounds of sugar. I went to Oregon City, and at once called upon the merchant. I asked him if he had any satinets? None. Any jeans! None. Any calico? None. Any brown cotton? None. I then asked what he had. He said tools of various kinds, such as carpenters' implements, and others. lie said he feared I would think the prices high, as he had to pay high prices, and must make a little profit upon his purchases. This statement was no doubt true. He had purchased in a market where the stoeks were limited and the prices high. I then made a selection of several implements that I had not on my memorandum, which amounted in all to about thirteen dollars, and found the prices more than double those at Van- couver. I hccame tired of paying such prices for articles I could do without for the time, and inquired if he had any brown suirar. and at what price. He said plenty, at 12 1-2 cents a pound. This was the usual price, and I replied at once that I would take the balance in sugar. I went home knowing that we had su-jar enough to last for a long time, ​178 PETER H. BURNETT. and that we could use Oregon tea. There grows among the fir timber of that country a small aromatic vine which makes a very pleasant tea, about as good as the tea made from the sassafrass root in the Western States. On another occasion, while I was judge of the supreme court, a young hired man, my son D wight, and myself had on our last working-shirts. It was in harvest time, and where or how to procure others I could not tell. Still I was so accustomed to these things that I was not much perplexed. Within a day or two a young man of my acquaintance wrote me that he desired me to unite him in marriage with a young lady whose name he stated. I married them, and he gave me an order on a store for $5, with which I purchased some blue twilled cotton (the best I could get), out of which my wife made us each a shirt. The material wore well; but, having been colored with log-wood, the shirts, until the color faded from them, left our skins quite blue. I never felt more independent than I did on one occasion, in the fall of 1847. In the streets of Oregon City I met a young man with a new and substantial leather hunting shirt, brought from the Rocky Mountains, where it had been pur- chased from the Indians. I said to him, "what will you take for your leather hunting shirt?" He replied, "seven bushels of wheat." I said at once, "I will take it." I measured out the grain and took the article. I knew it would last me for several years. I found it a most excellent article of dress in clear weather for rough work. I wore it to the California gold mines in the fall of 1848, and after my arrival there during most of the winter of 1848-49. A nephew of mine took it with him to the mines in the spring of 1849, and it was lost to me. I regretted this loss, because I desired to pre- serve it as a memento of old times. It was made of the best dressed buckskin, with the flesh side out, to which the dust would not adhere; and it was easily kept neat and clean for that reason. For the first two years after our arrival in Oregon we were frequently without meat for weeks at a time, and sometimes ​KM OU.KCTIONS OK AN < >u> PIONEER. 179 without bread, and occasionally without Ixtth bread and meat at the sa time. On these occasions if we had milk, butter, and potatoes, we were well content. I remember on one occasion that several gentlemen from Oregon City called at my house in the Plains, and we had no bread. 1 felt pained on my wife's account, as I supposed she would he greatly mortified. But she put on a cheerful smile and gave them the best dinner she could. Oregon was a tine place for rearing domestic fowls, and we kept our chickens as a sort or reserve fund for emergencies. We had chicken, milk, butter, and potatoes, for dinner; and our friends were well peased. and laughed over the fact of our having MO bread. In May. 1S4.~>. we were entirely without anything in the house for dinner. I did not know what to do, when.my wife suirirested a remedy. The year before we had cultivated a small patch of potatoes, and in digging had left some in the irroiuid, which had sprung up among the young wheat. We ilnir a mess of these potatoes, which sufficed us for a meal, though not very good. That year I sowed about one acre in turnips, which grew to a large size. The vegetables most easily L r rown in new countries are lettuce, turnips, potatoes, and squashes. The country improved rapidly in proportion to our popu- lation. The means of education were generally limited to ordinary schools. In the course of three or four years after my arrival in Oregon, our people had so improved their places that we were quite comfortable. There was no aristocracy of wealth, and very little vice. I do not think I ever saw a more happy community. Ve had all passed through trials that had tested and established our patience; and our condi- tion then was so Hindi better than that of the past that we had -rood cause for our content. 1 Yu pers< us could IK> found to complain of Oregon. BECOME CATHOLIC- MY (JKNKKAI, Ufl.K AS Ti >< II A KOES AGAINST MK. In tin- fall of 1MI a Baptist preacher settled in my imme- diate neighborhood who had the published debate between ​ISO PETER H. BURNETT. Campbell and Purcell ; and, as the Catholic question was often mentioned, and as I knew so little about it, I borrowed and read the book. I had the utmost confidence in the capacity of Mr. Campbell as a debater ; but, while the attentive reading of the debate did not convince me of the entire truth of the Catholic theory, T was greatly astonished to find that so much could be said in its support. On many points, and those of great importance, it was clear to my mind that Mr. Campbell had been overthrown. Still, there were many objections to the Catholic Church, either not noticed by the Bishop, or not satisfactorily answered; and I rose from the reading of that discussion still a Prot- estant. But my thoughts continually recurred to the main positions and arguments on both sides, and, the more I reflected upon the fundamental positions of the Bishop, the more force and power I found them to possess. My own reflections often afforded me answers to difficulties that at first seemed insur- mountable, until the question arose in my mind whether Mr. Campbell had done full justice to his side of the question. Many of his positions seemed so extreme and ill-founded that T could not sanction them. All the prejudices I had, if any, were in his favor; but I knew that it was worse than idle to indulge prejudices when investigating any subject whatever. I was determined to be true to myself, and this could only be in finding the exact truth, and following it when known. My mind was therefore left in a state of restless uncer- tainty; and I determined to examine the question between Catholic and Protestants thoroughly, so far as my limited opportunities and poor abilities would permit. In the prose- cution of this design, I procured all the works on both sides within my reach, and examined them alternately side by side. This investigation occupied all my spare time for about eighteen months. After an impartial and calm investigation, I became fully convinced of the truth of the Catholic theory, and went to ( )ivgon City in June, 1846. to join the old church there. There ​RECOLLKITIONS OF AN OLD PIONEER. 181 I funnel tin- heroic anil saintly Father !) Yos, who had spent nni- or moiv years among tin- Flathead Indians. He re- ceived me into the church. The reasons for this change are set forth substantially in my work entitled "The Path "Which Led a Protestant Lawyer to the Catholic Church," from the preface to which the foretroing statement is taken. I was the only Catholic among my numerous living rela- tives. None of my ancestors on either my paternal or mater- nal side had been Catholics, so far as I knew. All ray per- sonal friends were either Protestants or non-professors, ex- cept four: Dr. MeLoughlin, Dr. Long, and Mr. Pomeroy, of On-iron, and (iraha.ni L. Hughes, of St. Louis. Nine- tenths of the people of Oregon were at that time op- posed to my religion. Nearly all the Catholics of Oregon were Canadian-French, in very humble circumstances, many of them being hired, menial servants of the Hudson's Bay Company. I had no. reason for the change from a popular to an unpopular religion but the simple love of truth; and, as I have so long borne whatever of censure may have been heaped upon me in consequence of this change, I think I can afford to die in the Old Church. When T was a young man I was often much concerned as to what others mi_rht think of 'me: and at times T was deeply pained by what others did say of me. In due time, however, and after full consideration and more experience. I came to this final conclusion, that it was my duty to do what was right in itself, and to avoid so far as I could even the appear- nun of evil: and then, if others wrongfully blamed me, it would be their fault, not mine. I saw I could control my- self, and was therefore responsible for my own conduct, but I could not control others, and was not responsible for their actions, so long as I did right myself, and avoided all appear- an f evil. If I should make myself unhappy because other people erred in their judgment of me. then my happiness would be within their power and in their keeping. I thought it my duty to keep my happiness under my own control so far as I could. I had confidence in the -rood sense and justice ​182 PETER H. BURNETT. of good men, and was perfectly willing to await their ulti- mate decision. When I knew I was in the right, I was able and prepared to bear the censure even of the wise and good; but I "did not hanker after it." I never would engage in newspaper controversies or per- sonal squabbles. If I was unjustly censured, I paid no atten- tion to it, and gave myself no trouble about it. In this uay I have mainly led a life of peace with my fellow men. I have very rarely had the sincerity of my motives called in ques- tion. The general course of the press toward me has been impartial and just. I have never claimed to be a liberal man, as many people construe that almost indefinable term; but I have scrupulously sought to be just to all men. The character of a just man is enough for me. I esteem and reasonably desire the approba- tion of good men; but I love the right more. I can do with- out the first, but not the last. But I must depart from my usual course to notice certain charges against me by W. H. Gray, in his "History of Ore- gon." My nephew, George H. Burnett, Esq., of Salem, Ore- gon, was a guest at my house in San Francisco in January, 1878, and mentioned to me the fact that such charges had been made. I had never seen the work at that time. In May, 1878, I procured and read the book. I notice these charges because they are in the form of hi-stwical facts or opinions. Had Mr. Gray made these charges verbally, or in a newspa- per article, I should never have noticed them in any form. MISSTATEMENTS OF W. H. GRAY. On pages 374-5 Mr Gray, in speaking of the members of the legislative committee of 1844, says: Peter H. Burnett was a lawyer from Missouri, who came to Oregon to seek his fortune, as well as a religion that would pay best and give him the most influence; which in the legis- lative committee was sufficient to induce that body to pay no attention to any organic law or principle laid down for the government of the settlements. In fact, he asserted that there were no constitutional provisions laid down or adopted by the people in general convention at Champoeg the year pre​RECOLLECTIONS OF AN OLD PIONEER. vious. Mr. Burnett was unquestionably the most intelligent lawyer then in the country, lie was a very ambitious man smooth, deceitful, and insinuating in his manners. As regards the imputation of improper motives to me in the above extract, if intended as the assertion of fact, such rtiens are untrue; and. if intended as expressions of opin- ions, such opinions are mistaken. These charges are made not only without proof, but against both the evidence and the fact. I went to Oregon for three purposes: 1. To assist in building up a great American community on the Pacific Coast. -. To restore the health of Mrs. Burnett.
    {. To l)ce< >me able to pay my debts.
Before I became a believer in the truth of the Christiati religion. I had sought fortune with avidity, but, after that fundamental change in my views, I ceased to pursue riches, and my only business object was make a decent living for my family, and pay what I owed. Considering the large amount of my indebtedness. I could not have been so vis- ionary ,-is to suppose I could accomplish in distant and isolated Oreiron more than the three objects mentioned. .x rv_ p ;mls my change of religion, and the motives which led to it, I have already stated the simple truth. At the time 1 joined the Old Church I was independent in my pecuniary circumstances, so far as a decent living was concerned. I had a claim of 640 acres of most excellent land, well im- / proved and well stocked with domestic animals and fowls. With the industrious and sober habits of myself and family, we were secure of a good living. AN to my influence in the committee, it could not possibly have arisen from any change of religion, for these simple and conclusive reasons: That I was then a ProteaUuit without any idea of becoming a Catholic, and every member was op. posed to the Catholic religion. My influence arose from the fact of my qualifications and my -_ p ood character. Waldo. Al--< 'arver, (Jilmore. and Kei/er had traveled with me across ​181 PETER H. BURNETT. UK- plains, and had seen me fully tested in that severe school of human nature. Waldo knew me by reputation, and Gil- more personally, in Missouri. As to the assertion that I was very "ambitious," the fact is not correctly stated. I had a reasonable desire for dis- tinction, but never so great as to induce me to sacrifice my personal independence or compromise my true dignity. I never sought any position under the Provisional Government of Oregon, and I do not remember to have personally asked any citizen to vote for me. I was elected a member of the legislative body in 1844, and again in 1848, and judge of the supreme court in 1845, without any serious efforts on my part. I have been a candidate before the people six times: once in Missouri, twice in Oregon, and three times in California ; and I was seccessful in every case. I resigned the office of dis- trict attorney in Missouri to go to Oregon in 1843, and my seat in the legislature of Oregon in 1848 to come to Califor- nia, and the office of governor of this State in January, 1851, when the salary was $10,000 per annum. I was appointed on the 14th of August, 1848, by President Polk, one of the Justices of the Supreme Court of of the Territory of Oregon. My commission did not reach me until the spring of 1849, in California. This appointment I declined, as I could not accept it and pay my debts. This was done before any move- ment was made to organize a State Government in California, and before I had any expectation of being governor. I can safely say that the remark of President Jefferson, in regard to the office-holders of his time, that "deaths were few and resignations none," can not justly apply to me. As to the charge of being deceitful, it is the precise oppo- site of the truth. No man of decent manners and good char- acter ever called upon me without receiving my candid opin- ion, where I had any mature judgment upon the question. I am not a disputatious spirit, ready to engage in a wordy quarrel upon any and every subject, however trivial; but in regard to all important subjects, on all proper occasions, I am frank to speak just what I think. ​RECOLLECTIONS OK AN OLH I'I<>NKKR. A> to the falsity of all these charges, I can refer to all good men who have known me longest and best. I lived in Mis- souri some twenty-one years, and have resided in California nearly thirty years, and I appeal to all good men who have known me. without regard to their religion or place of na- tivity. TUT. U.I-KSTIOX IIKTIIKK THERE WERE ANY CONSTITUTIONAL I'KoVIMoN.- IN Till: LAWS OF 1843 CONSIDERED. The legislative eommittee of 1844 did maintain the posi- tion that there were no constitutional provisions adopted by the people at their mass meeting, July 5, 1848. It appeai-s that there were two publications claiming to be copies of these laws; one by Charles Saxtou, published in 1846. and the other by the compiler of the "Oregon Ar- chives," in 1853. (Gray's "Oregon," 352.) I shall use the copy given by Mr. Gray, as he ought to know best, and which is found in his history, beginning on page 353. At a meeting of the people held May 2, 1843, at Champoeg, the proposition to establish a Provisional Government was put to vote; and, upon a division, there were found to be
    .L' for and r>0 against it. (Gray's "Oregon," 279.)
At that meeting, Robert Moore, David Hill, Rol>crt Shortess. Alanson Beers, W. H. Gray, Thomas J. Hubbard, .lames A. O'Neal, Robert Newell, and William Dougherty I William M. Doughty ?1 were chosen to act as a legislative e mittcc, and instructed to make their report on the 5th of .Inly. 1>4:',. at Champoeg. (Gray, 280-81.) On the 5th of July, 1843, said committee made their re- port, which was adopted at the mass meeting of citizens at Champoeg. The question whether there were any, and, if so, what constitutional provisions in the laws adopted at said meet in-.:, was one that admitted of discussion; hut. upon as full a consideration of the subject as our limited time and opportunities allowed, we became satisfied that there were linlie. In I heir report the committee say, "the legislative com- mittee recommend that the following organic laws be ​186 PETER H. BURNETT. adopted." The term organic does not necessarily mean con- stitutional, because whether the laws were constitutional or not, they were equally organic. We were aware of the fact that there were no lawyers among the members of the com- mittee, and that there were then no law-books in the country, except one copy of the statutes of Iowa ; but we knew that the members were Americans, and that all Americans competent to read a newspaper must know that the fundamental laws of the United States, and of the several states, were called con- stitutions; and hence we supposed that the committee would surely have used the plain, ordinary, and appropriate term constitution to designate their fundamental law, had they in- tended it as such. But, besides the want of proper language to designate a constitution, the nature of the laws themselves seemed to show a different intent. From the face of the code, no one could tell where the constitutional laws ended and the statu- tory began. It was either all constitution or all statute. All were adopted at the same public meeting, and were recom- mended by the same committee. That committee "recom- mended that the following organic laws be adopted." Now, whatever laws were recommended by them were all of the same character, or they failed to distinguish one portion from another. There being no mode of amendment provided, these laws, if constitutional, could only be amended in violation of their own terms; that is, by revolution. If considered as statutory provisions, then there was a plain mode of amend- ment provided in article VI, section 2, which enacts that "the legislative power shall be vested in a committee of nine per- sons, to be elected by the qualified electors at the annual election." The code goes into the most minute provisions, such as fix- ing the fees of the recorder and treasurer, and for solemniz- ing marriage. It also contains a militia law, and a law on land claims, and a resolution making the statute laws of Iowa the laws of Oregon. Such provisions, in their very nature, are but statutory. ​RlCOLLBOnONB OF AN OLD PlONKKR. 1 s , Considering tin- "organic laws," (so named by the com- mittee) as composing -, constitution, not amendable except by revolution, tin- legislative committee of 1844 had nothing to do worth mentioning. In this view it was a useless body, constituted for an idle and vain purpose. We came to the conclusion that our legislative committee had practical legis- lative power, and that it was our duty to exercise it. While we were not disposed to make useless changes, we were obliged to amend the code in many respects, as will be seen from what follows. Article VI. section 2, vests "the judicial power in a su- preme court, consisting of the supreme judge, and two justices of the peace, a probate court, and justice court." If a ma- jority of the persons composing the supreme court, under this quaint and original theory, could make the decision, then the two justices of the peace could overrule the supreme judge. If, on the contrary, it required the unanimous con- sent of all three, then there would often be no decision at all. Our committee amended this by the act of June 27, 1844. The first, section of the second article of that act is as follows: "Section 1. The judicial power shall be vested in the circuit courts and as many justices of the peace as shall from time to time be appointed or elected according to law." The second section provides for the election of one judge, and makes it his duty to hold two terms of the circuit court in each county, at such times and places as shall be directed by law; and the third section fixes the jurisdiction of the circuit courts, in- cluding probate powers. The fifth article of section 2 vested the executive power in a committee of three persons. This provision was adopted not because it met the approbation of the legislative committee of 1S4:{. but from necessity, as their instructions were against a 'governor ((Jray's "Oregon," 349). We repealed this pro- vision, and vested the executive power in a single person. Article XVII. All male persons of the age of sixteen years and upward, and all females of the age of fourteen years and upward, shall have the right to marry. Vlu
parties shall be under twenty-one years of age. the consent of the parents or guardians of such minors shall be necessary to the validity of such matrimonial engagement. Every or- dained minister of the gospel, of any religious denomination, the supreme judge, and all justices of the peace, are hereby authorized to solemnize marriage according to the law, to have the siiine recorded, and pay the recorder's fee. The legal fee for marriage shall be $1, and for recording 50 cents. This extreme law made the marriage of persons under the age of twenty-one years, without the consent of their parents or guardians, invalid, and therefore void; thus subjecting the young people to the charge and consequences of living in a state of adultery, and their innocent children to all the consequences of bastardy. Our committee passed the following act: An Act Amendatory of the Act Regarding Marriage. Section 1. That all males of the age of sixteen years and upward, and all females of the age of twelve and upward, shall be deemed competent to enter into the contract of mar- riage. Sec. 2. That when either of the parties about to enter into the marriage union shall be minors, the male under the age of twenty-one year, or the female under the oge of eighteen. no person authorized to solemnize the rights of matrimony shall do so without the consent of parent or guardian of such minor; and in case such person shall solemnize such mar- riage without the consent of the parent or guardian of such minor, he shall be liable to pay such parent or guardian the sum of $100, to be recovered by action of debt or assumpsit before the proper court: Provided, however, that the want of such consent shall not invalidate such marriage. Sec. 3. That all acts and parts of acts coming in con Hid with this act be and the same are hereby repealed. The legislative committee of 1843 was properly called a committee, because its duty was to prepare a code to be submitted to the mass meeting of citizens, held on the 5th of July, 1843, for their approval or rejection; the l<</il<itir< power being exercised by the people themselves on that oc- casion. But, as already stated, the legislative power was vested by the sixth article, section 2, of the laws of 1843, in ​1K<"!II' lln.NS (IF AN <>||, 1 >|< >NK I ! i: . 1 V. ' a committee of nine persons. To call a legislative body a < "iiniiiii, i as a misnomer; and we amended that provision by vesting the legislative power in a House of Representatives composed of members elected annually by the people. Tin- laws of 1843 made no provision for the support of the irovernment, except putting in circulation a subscription paper, as follows: We. the subscribers, hereby pledge ourselves to pay annu- ally to UK- tivasmvr of Oregon Territory the sum affixed to our respective names, for defraying the expenses of the gov- ernment : I'roridnl. That in all cases each individual sub- scriber may ;it any time withdraw his name from said sub- scription, upon paying up all arrearages and notifying the treasurer of the colony of such desire to withdraw. <>nr committee were fully satisfied that no government could he practically administered without taxation; and we therefore passed a revenue law containing twelve sections. The law of 1843 in relation to land claims is as follows: Article T. Any person now holding or hereafter wishing to establish a claim to land in this Territory, shall designate the extent of his claim by natural boundaries, or by marks at. the corners and upon the lint's of said claim, recorded in the office of the Territorial Recorder, in a book to be kept by him f i that purpose, within twenty days from the time of making saiil claim: I'mrithd. That those who shall be already in [..^session of land shall be allowed one year from the pas- sage < f this act to file a description of their claims in the re- corder's office. Art. II. All claimants shall, within six months from the time of recording their claims, make permanent improvement upon the same, by building or inclosing, and also become oc- cupant upon said claims within one year of the date of said record. Art. III. No individual shall be allowed to hold a claim of more than one square mile, or six hundred and forty acres, in a s(|iiare or oblong form, according to the natural situa- tion of the premises, nor shall any individual be able to hold more than one claim at tin- same time. Any person complying with the provisions of these ordinances shall IM> entitled to the same process against trespass as in other caws provided by law. ​190 PETER H. BURNETT. Art. IV. No person shall be entitled to hold such a claim upon city of town lots, extensive water privileges, or other situation necessary for the transaction of mercantile or manufacturing operations: Provided, That nothing in these laws shall be so construed as to affect any claim of any mis- sion of a religious character made prior to this time, of any extent not more than six miles square. Our committee passed the following act, June 25, 1844: An Act in relation to Land Claims. Section 1. That all persons who have heretofore made, or shall hereafter make, permanent improvements upon a place, with a bona fide intention of occupying and holding the same for himself, and shall continue to occupy and cultivate the same, shall be entitled to hold six hundred and forty acres, and shall hold only one claim at the same time: Provided, A man may hold town lots in addition to his claim. Sec. 2. That all claims hereafter made shall be in a square form, if the nature of the ground shall permit; and in case the situation will not permit, shall be in an oblong form. Sec. 3. That in all cases where claims are already made, and in all cases where there are agreed lines between the parties occupying adjoining tracts, such claims shall be valid to the extent of six hundred and forty acres, although not in a square or oblong form. Sec. 4. That in all cases where claims shall hereafter be made, such permanent improvements shall be made within two months from the time of taking up such claim, and the first settler or his successor shall be deemed to hold the prior right. Sec. 5. That no person shall hold a claim under the pro- visions of this act except free males over the age of eighteen, who would be entitled to vote if of lawful age, and widows: Provided, No married man shall be debarred from holding a claim under this act because he is under the age of eighteen. Sec. 6. That all laws heretofore passed in regard to land claims be and the same are hereby repealed. Sec. 7. That all persons complying wi.th the provisions of this act shall be deemed in possession to the extent of six hundred and forty acres, or less, as the case may be, and shall have the remedy of forcible entry and detainer against in- truders, and the action of trespass against trespassers. On December 24. 1844, we passed the following explanatory and amendatory act: ​RECOLLECTIONS OP AN OLD PIONEER. 191 Section 1. That the word "occupancy." in said act, shall I).- so construed as to require the claimant to either personally reside upon his claim himself, or to occupy the same by the personal residence of his tenant. See. '2. That any person shall he authorixed to take six hundred acres of his claim in the prairie, and forty acres in the timber, and such parts of his claim need not be adjoining to each other. Sec. :{. That when any two persons take up their claims jointly, not exceeding twelve hundred and eighty acres, they may hold the same jointly for the term of one year, by mak- ing the improvements required by said act upon any part of siiid claim, and may hold the same longer than one year if they make the said improvements within the year upon each six hundred and forty acres. The land law of 1844 dispensed with recording of claims, be- eaiise. under the then existing condition of the country, it was an onerous burden upon the new immigrant. The great body of the immigration arrived late in the fall, just as the rainy season set in; and to require each locater of a claim to travel from twenty to one hundred miles to the recorder's office, and return through an Oregon winter, was indeed a harsh condition. Under the land law of 1843, the old set- tler was allowed one year within which to record his claim, while the new settlers were only allowed 20 days. Besides, reerrdinir a claim without a proper survey was of very doubt- ful utility, as parties would be very apt to include within their lines more than six hundred and forty acres. By the land law of 1843, as will be seen, all persons, of every age, sex, or condition, could hold claims. If a man had several sons, he could hold one claim for himself and each of his sons, though under age; and, as each claimant had six months within which to make his improvements, and me year within which to become an occupant, from the date of the record, the act left open the door to speculation, and monopoly to a grievous extent. A man having a number of children could record one claim in the name of each child one month before the annual arrival of the new immigrants, and that record would hold the land for six months; thus ​192 PETER H. BURNETT. forcing the late comers either to go farther for locations, or purchase these claims of his children. Besides, this act did not require the locater to make his improvements with the bmm fide intention of occupying and holding the claim for himself, but only required the improvements to be made; thus allowing claims to be made for speculative purposes. But one of the most objectionable provisions of the land law of 1843 was the proviso allowing each mission six miles square, or 36 sections of land. From what Mr. Gray says, page 344, it appears that this proviso was adopted to gain the support of those connected with the Methodist and Cath- olic missions; as, without such support, it was feared the attempt to establish a government at that time would fail. The committee of 1843, in their short experience, learned one great truth; that civil government is a practical science; and that, while a true statesman can adapt his legislation to ex- isting circumstances, he can not create or control them; and for that reason he is often compelled to choose between evils, and to support measures that his individual judgment will not approve. Our legislative committee of 1844 were pi .-iced in more independent circumstances; and, having no fear of the mission influence, we repealed this proviso. THE LEGISLATIVE COMMITTEE OF 1844 MISTAKES OP W. II. GRAY. On page 383 Mr. Gray, speaking of the legislative com- mittee of 1844, says: "In fact, the whole proceedings seemed only to mix up and confuse the people; so much so that some doubted the ex- istence of any legal authority in the country, and the lending men of the immigration of 1843 denounced the organization as a missionary arrangement to secure the most valuable farming lands in the country." The writer is correct as to the fact of confusion and oppo- sition among the people, but most sadly mistaken as to Ilic true cause. It was not the measures passed by the legisla- tive committee of 1844. but the laws of 1843 that caused the confusion and opposition. It is very true that many of "the ​RK-. >I.I.K< TIONS OF AN OLD PIONEER. 193 leadin-.r mm of the immi'_rration of 1843 denounced the or- u r ani/atiou as a missionary arrangement to secure the best farmini. r lands in the country." They had much apparent reason for their opposition, and that reason was found in the lavs of 1S4.'{, especially in the proviso allowing each mission six miles square, and net in the lain) law of 1S44, which re- pealed this objectionable proviso. Whatever else may be said airainst the laws of Is44, they were plain, simple, and con- sistent, as a whole, and could not have produced the con- fusion mentioned. The first time I was in Oregon City, to the best of my recollect ien. was when I went there to take my seat in the legislative committee in June, 1844. Previous to that time I do not remember to have seen the laws of 1843. After all the examinatien I could pive them, I saw that no regular and efficient government could he sustained without a revenue; that no certain and reliable revenue could be had without taxation; that no system of taxation could be enforced unless the irreat and overwhelming majority of the people were sat- isfied with the government, and that such majority would not support the oriranixation unless they believed they were receivim: an equivalent in the form of protection for the money they paid in the shape of taxes. Many irood men doubted our le<_ral riirht to orirani/e any irovermncnt . Our object was to train the consent of <ill ^ord men: and. to do this, we must make _-.>< ,| l;ivs. Of course, the bad would oppose <lll L'ovcriiment. In consiiltinir upon our then condition, we were for a time much perplexed to know what peaceabl mrse to pursue, in order to secure the consent ef ;ill _ r oo 1 ,,,,.,, to our on_';ini/- tion. We knew that Americans were devotedly attached to to thiiiL-s: Land and the privilege of voting. Our com- mittee, there ft re. passed ;m ;ict to provide by taxation the means BMeMffy to support the _'overnment. the ft-urth tion of which was as follows: "Sec. 4. That any per refusinir t< pay tax, as in this act required, shall have no ​194 PETER H. BURNETT. benefit of the laws of Oregon, and shall be disqualified from voting at any election in this country." By this provision we plainly said to each citizen substan- tially as follows: "If you are not willing to pay your pro- portion of the expenses of this government, you can not sue in our courts or vote at our elections, but you must remain an outlaw. If any one should squat or trespass on your claim, or refuse to pay you what he owes, you can have no pro- tection from our organization. If you can do without our assistance, we certainly can do without yours." This provision very soon had its legitimate effect. As the elections approached, those who had been opposed began to doubt, and finally yielded. The friends of the organization were active, kind, and wise in their course toward those op- posed. When one opposed to the government would state that fact, some friend would kindly remind him that his claim was liable to be "jumped," and that he could not alone de- fend his rights against the violent and unprincipled; and that it was a desolate and painful condition for a citizen, in a civilized community, to be an outlaw. After the laws passed by the legislative committee of 1844 became known, there was no serious opposition anywhere. It is my solemn opinion that the organization could not have been kept up under the laws of 1843. On page 375, Mr. Gray, speaking of the legislative com- mittee of 1844, says: "On motion of Mr. Lovejoy (another lawyer), the several members were excused from producing their credentials." This statement is true so far as it goes; but, without the explanatory facts, it might convey a false impression. The laws of 1843 made no provision as to the manner of conduct- ing elections, except by adopting the laws of Iowa; and as there was but one copy in the country, and this was the first election held in Oregon, and as two-thirds of the voters were late immigrants, the various officers of the election knew nothing of their duties, and gave no credentials to the mem- bers elect; and, of course, they could produce none. We ​RECOLLECTIONS OF AN OLD PIONEER. knew thai we had been fairly elected, and our respective con- stituents also knew the fact, and no one was found to dis- pute it ; and. as credentials are only evidence of the fact of the election of the person mentioned, we had in this case the next best evidence to prove our election. We did the best we could under the circumstances. "Such being the composition of the legislative committee of Oregon in 1844, it is not surprising that interests of classes and cliques should find advocates, and that the absolute wants of the country should be neglected. The whole time of the s.-xxioii seems to have been taken up in the discussion of per- sonal bills." (Page 378.) I find it difficult to justly characterixe this sweeping mis- statement. The two sessions of the committee of 1844 occupied to- gether fifteen to seventeen days; and in that time we passed 4-'i bills, some of them of considerable length, and most of them of general importance. Among these 43 acts there were not exceeding eight that could be properly termed personal, vix. : Act granting Hugh Burns a right to keep a public ferry; act authorising Robert Moore to establish and keep a ferry; act to authorize John McLoughlin to construct a canal around the Willamette Falls; act for the relief of John Con- nor; act appointing Jesse Applegate engineer; act authoriz- ing L. H. Judson and W. H. Wilson to construct a mill-race in Chumpoeg County; act amending the several acts regu j hit ing ferries; act for the relief of J. L. Meek. These acts were all just in themselves, and some of them of public importance. Public ferries are public conveniences. The act to authorize John MeLoughlin to construct a canal enabled him to bring the water to propel his extensive flour mill, and was of much public benefit. The act for the relief of John Connor was a short act of one section, re- mitting a fine and restoring him to citizenship. The act ap- pointing Jesse Applegate engineer authorized him to survey a mute for a canal at the expense of J. E. Long, and report the result to the next session of the legislature. The act au​196 PETER H. BURNETT. 1 lion/ing Judson ;uid Wilson to construct a mill-race was of a similar nature to the one in regard to John McLoughlin. The act to amend the several acts regulating ferries simply fixed the rate of toll of the two ferries across the Willamette River, at Oregon City. The act for the relief of J. L. Meek is a short one, giving him further time to finish the collection of the revenue for the year 1844. The acts of the legislative committee of 1844 will fill sonic thirty printed pages, while the laws of 1843 only occupy seven pages of Gray 's ' ' History. ' ' If we spent a part of our time in the discussion of personal bills, we passed but a few of them, and did a large amount of other legislative work. "The proposed constitutional revision was also strongly recommended by the executive committee, and the legislative committee went through the farce of calling a convention, and increased the number of representatives, and called it a leg- islature." (Page 383.) The executive committee, in their communication to our committee, dated December 16, 1844, says : We would advise that provision be made by this body for the framing and adoption of a constitution for Oregon previ- ous to the next annual election, which may serve as a more thorough guide to her officers and a more firm basis of her laws." It will be seen that, while the executive committee recom- mended that provision should be made for the framing and adoption of a constitution previous to the next annual elec- tion, they did not suggest the mode in which this should be done. Our legislative committee thought that a convention, composed of delegates elected by the people for the sole and only purpose of framing the fundamental law, was the Ameri- can, and the proper mode. When the people come to choose delegates to a constitutional convention, they are very apt to duly appreciate the great importance of the work to be done, and will therefore generally select the best, and most competent men for that great purpose. The body that forms a constitution should have but wne task to accomplish, for the ​RECOLLECTIONS OF An OLD PIONEER. 197 simple and conclusive reason tluit untiling is more difficult than to frame a good constitution. The greatest statesmen and the mightiest intellects among men have essentially differed as to the true theory of a constitution. The members of a constitu- tional body should not have their attention distracted by or- dinary stsitutory legislation. A perfect constitution has never vet Ix-cn framed, and, most likely, never will be. While we could not see the great and immediate necessity of a constitution for mere temporary government, we thought that, if the subject sought was necessary at all, then the work should he well and thoroughly done, so that our con- stitution would be an honor to our new country. Believing as we did. that a constitutional convention was the only ap- propriate and competent body to frame a constitution that would stand the test of fair criticism, and be beneficial in its practical operation, and not seeing any pressing necessity for immediate action, we did not go "through the farce of call- ing a convention," as asserted by the author; but we passed the following act, December 24, 1844: Section 1. That the executive committee shall, in the man- ner prescribed by law for notifying elections in Oregon, notify the inhabitants of all the respective counties qualified to vote for members of the legislature at their next annual election. to -rive in their votes for or against the call of a convention. Sec. 2. The said votes shall be in open meeting received, assorted, and counted, and a true return thereof made to the executive committee, agreeable to the requisitions of the law regulating elections. Sec. '.. It shall l>c the duty of the executive to lay the re- sult of the said vote before the legislative committee for their information. While we had our doubts as to the necessity of a consti- tution for a mere temporary government (which we then had every reason to believe would last only a year or two), we thought it but just to submit the question of calling a con- vention to the people for their decision. It is usual to submit such a quest ion to the people, as was lately done in California The treaty of June 1.".. 1M, between Great Britain and the ​States, settled the question of sovereignty over Oregon in favor of our country; and the act of Congress creating a Territorial Government was passed August 14, 1848. The treaty was delayed beyond our reasonable expectations; and the creation of a Territorial organization was postponed by the Mexican War, which was not foreseen by our committee in December, 1844.
We did increase the number of representatives from 9 to 13, and we really thought we were moderate in this respect. According to Mr. Gray's estimate, the immigration of 1843 amounted to 875 persons; and the whole population at the end of the year to about twelve hundred people. (Page 360-61.) If, then, some three hundred and twenty-five persons were entitled, under the laws of 1843, to nine members in the legislative committee, how many representatives should 1200 have under the law of 1844? We only increased the number from 9 to 13, when the same ratio of representation to population would have given us 27. We did call the law-making body of Oregon a legislature, and left off the word "committee" for reasons already stated.