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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/35992-h.zip b/35992-h.zip Binary files differnew file mode 100644 index 0000000..e4b8f0e --- /dev/null +++ b/35992-h.zip diff --git a/35992-h/35992-h.htm b/35992-h/35992-h.htm new file mode 100644 index 0000000..ee9acd8 --- /dev/null +++ b/35992-h/35992-h.htm @@ -0,0 +1,6837 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> +<!-- $Id: header.txt 236 2009-12-07 18:57:00Z vlsimpson $ --> + +<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> + <head> + <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" /> + <meta http-equiv="Content-Style-Type" content="text/css" /> + <title> + The Project Gutenberg eBook of Memoirs of Orange Jacobs, by Orange Jacobs. + </title> + <style type="text/css"> + +body {margin-left: 10%; margin-right: 10%;} + +p {margin-top: .75em; text-align: justify; margin-bottom: .75em;} + +hr { width: 33%; margin-top: 2em; margin-bottom: 2em; margin-left: auto; margin-right: auto; clear: both;} + +table {width: 75%; margin-left: auto; margin-right: auto;} + +.pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right;} + +.blockquot {margin-left: 5%; margin-right: 10%;} + +.center {text-align: center;} + +.figcenter {margin: auto; text-align: center;} + +.big {font-size: 125%;} +.huge {font-size: 150%;} +.giant {font-size: 175%;} + + + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of Memoirs of Orange Jacobs, by Orange Jacobs + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Memoirs of Orange Jacobs + +Author: Orange Jacobs + +Release Date: April 29, 2011 [EBook #35992] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK MEMOIRS OF ORANGE JACOBS *** + + + + +Produced by David E. Brown, Bryan Ness and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +book was produced from scanned images of public domain +material from the Google Print project.) + + + + + + +</pre> + +<p><span class="pagenum"><a name="Page_1" id="Page_1">[1]</a></span></p> + + + +<div class="figcenter"><img src="images/page_001.png" alt="" /></div> + +<hr style="width: 65%;" /> + +<p><span class="pagenum"><a name="Page_2" id="Page_2">[2]</a></span></p> +<p class="center"><span class="giant"><i>MEMOIRS</i></span></p> +<p class="center"><span class="big"><i>OF</i></span></p> +<p class="center"><span class="giant"><i>ORANGE JACOBS</i></span></p> +<p> </p> +<p class="center"><span class="big">WRITTEN BY HIMSELF</span></p> +<p> </p> +<p class="center"><i>CONTAINING MANY INTERESTING, AMUSING AND INSTRUCTIVE<br /> +INCIDENTS OF A LIFE OF EIGHTY YEARS OR MORE,<br /> +FIFTY-SIX YEARS OF WHICH WERE SPENT IN<br /> +OREGON AND WASHINGTON.</i></p> +<p> </p> +<p class="center">SEATTLE, WASH.<br /> +LOWMAN & HANFORD CO.<br /> +1908</p> + +<p><span class="pagenum"><a name="Page_3" id="Page_3">[3]</a></span></p> + + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_4" id="Page_4">[4]</a></span></p> +<p class="center"><span class="huge">DEDICATION.</span></p> + + +<p class="blockquot">To the Pioneers of the State of Washington, whose privations nobly +borne, whose heroic labors timely performed, and whose patriotic +devotion to the Republic, gave Washington as a star of constantly +increasing brilliancy to the Union—this book is gratefully dedicated.</p> + +<p><span class="pagenum"><a name="Page_5" id="Page_5">[5]</a></span></p> + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_6" id="Page_6">[6]</a></span></p> +<p class="center"><span class="huge">CONTENTS.</span></p> +<p> </p> + +<table border="0" cellpadding="0" cellspacing="5" summary="table"> + +<tr valign="top"><td align="right">I.</td><td>My Autobiography.</td></tr> + +<tr valign="top"><td align="right">II.</td><td>Incidents in crossing the Plains in 1852.</td></tr> + +<tr valign="top"><td align="right">III.</td><td>Pen sketches of events, amusing, interesting +and instructive of a Pioneer's life on the Pacific +Coast, extending over fifty-six years.</td></tr> + +<tr valign="top"><td align="right">IV.</td><td>Indian civilization, its true methods, its difficulties.</td></tr> + +<tr valign="top"><td align="right">V.</td><td>Indian customs, legends, logic and philosophy of +life.</td></tr> + +<tr valign="top"><td align="right">VI.</td><td>Religion and reasons for some fundamental +doctrines.</td></tr> + +<tr valign="top"><td align="right">VII.</td><td>Official life and some incidents connected therewith.</td></tr> + +<tr valign="top"><td align="right">VIII.</td><td>Game animals and birds of the State of Washington.</td></tr> + +<tr valign="top"><td align="right">IX.</td><td>A few public addresses delivered by me.</td></tr> + +<tr valign="top"><td align="right">X.</td><td>The result of Pioneer patriotism and energy.</td></tr></table> + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_7" id="Page_7">[7]</a></span></p> +<p class="center"><span class="huge">Introduction</span></p> +<p> </p> + +<p>I have often been requested by my friends to write a sketch book, +containing, first, my autobiography, with some of the incidents of a +life already numbering eighty years and more; secondly, some of the +addresses and papers made by me as a private citizen or public official; +and, thirdly, some of the impressions, solemn, ludicrous and otherwise, +made upon me in my contact with all the forms of the <i>genus homo</i>, +principally on the Pacific Coast, where I have resided since 1852—in +Oregon for seventeen years; in Seattle, Washington, thirty-eight years, +plus the dimming future.</p> + +<p>I have finally concluded to undertake the delicate task. If it is ever +completed and printed, I fondly hope its readers, if any, may be +interested, if not instructed, by these extracts from a long experience +of contact and conflict with the world.</p> + +<p>I say "conflict," because every true life is a battle for financial +independence, social position and the general approval of one's +fellow-men.</p> + +<p>If an autobiography could be completed by an accurate and simple +statement of facts, such as one's birth, education and the prominent and +distinguishing events or acts of one's career, it would be a +comparatively easy task. But, even then, too great modesty might incline +to dim the lustre of the paramount facts, or to narrow their +beneficence; while a dominating egotism<span class="pagenum"><a name="Page_8" id="Page_8">[8]</a></span> might overstate their merits +and extent, and exaggerate their beneficial results. Both of these are +to be avoided. But where is the man so calm, so dispassionate and +discriminating as to avoid the engulfing breakers on either hand? If +there could be an impartial statement of the facts I have suggested, +still they would be but a veil encompassing the real man. The true man +would but dimly appear by implication. Character, that invisible entity, +like the soul, constitutes the true man. Any biography that does not +develop the traits, the qualities, of this invisible entity is of no +value. Character is complex and compound. It consists of those +tendencies, inclinations, bents and impulses which come down through the +line of descent and become an integral part of the man, and are +therefore constitutional. These are enlarged and strengthened, or curbed +and diminished or modified, by education, environment and religious +belief. Education possesses no creative power. It acts only on the +faculties God has given. It draws them out, enlarges and strengthens +them—increases their scope and power—and gives them greater breadth +and deeper penetration. By education I do not mean the knowledge derived +from books alone, for Nature is a great teacher and educator. The +continuous woods, the sunless canyon, the ascending ridges and mountain +peaks, as well as the sunlit and flower-bestrewn dells and valleys—in +fact all of the beautiful and variegated scenes in Nature—possess an +educational force and power very much, in my judgment, underestimated. +Man's emotional nature is enlarged—his taste for the beautiful +quickened—and his love for the grand and sublime broadened and deepened +by frequent intercourse with Nature. Byron felt this when he wrote</p> + +<p><span class="pagenum"><a name="Page_9" id="Page_9">[9]</a></span> +<span style="margin-left: 3em;">"There is a pleasure in the pathless woods,</span><br /> +<span style="margin-left: 4em;">There is a rapture on the lonely shore,</span><br /> +<span style="margin-left: 3em;">There is society, where none intrudes,</span><br /> +<span style="margin-left: 4em;">By the deep sea, and music in its roar:</span><br /> +<span style="margin-left: 4em;">I love not man the less, but Nature more,</span><br /> +<span style="margin-left: 3em;">From these, our interviews, in which I steal</span><br /> +<span style="margin-left: 4em;">From all I may be, or have been before,</span><br /> +<span style="margin-left: 3em;">To mingle with the Universe, and feel</span><br /> +<span style="margin-left: 4em;">What I can ne'er express, yet cannot all conceal."</span><br /> +</p> + +<p>I have mentioned environment above. It is not only a restraining and +quasi-licensing, but also an educational force. There are, I fear, in +every community, especially on the Pacific Coast, many young persons, +who, lacking in fixed moral principles and habits of life like the +sensitive and impressionable chameleon, assuming the color of the bark +on the tree which for a time is its home—take on the moral coloring of +the society in which they move, and become for a time, at least, an +embodiment of its moral tone. But let the conditions change—let such +persons migrate and become residents of a society of darker moral hue +and of lower moral tone—and, like the chameleon, they almost +immediately take on the darkened coloring and echo the lower tone. If it +is their nature to command, they become leaders in a career of +associated viciousness or infamously distinguished in the line of +individual criminality. The general result is, however, that having +broken loose from their moral moorings, they drift as hopeless, +purposeless wrecks on the sea of life.</p> + +<p>During my residence on the Pacific Coast I have known many sad instances +of this degeneration, and our own beautiful and prosperous city has not +been free from such sad examples. It is a true, if not an inspired +saying that "evil communications corrupt good<span class="pagenum"><a name="Page_10" id="Page_10">[10]</a></span> manners." It is more +emphatically true that evil associations corrupt good morals, which was +probably the meaning intended by the translators.</p> + +<p>I have mentioned religious belief as an element in the formation of +character. The doctrine of no religious teacher has ever exercised such +a dominating and controlling force in the formation of character in the +civilized world, as have the doctrines of Christ. Before His advent the +learned world received the philosophy of Aristotle, as a sufficient +basis of moral doctrine and civic virtue. But that philosophy, great as +it was, and impinging as it often did on the domain of absolute truth, +has as a system of moral conduct, given way or been subordinated to the +clear, direct yet simple enunciation of Christ, summed up in that grand +and universally applicable rule of individual and civil conduct: "Do +unto others as you would have others do unto you." A character in which +this doctrine forms the basis will always respond to the demands of +honor and right.</p> + +<p>These observations must answer as a preface, or, as Horace Greely once +styled such performances, as "preliminary egotism."</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_11" id="Page_11">[11]</a></span></p> +<p class="center"><span class="huge">Autobiography</span></p> +<p> </p> + +<p>I was born in the Genesee Valley, Livingstone County, State of New York, +on the second day of May, A. D. 1827. I was number two of a family of +eight children,—six boys and two girls. My mother, while not in the +popular sense an educated woman, having but a common-school education, +had, as the philosopher Hobbes termed it, a large amount of "round-about +common-sense." While she gave, as a religious mother, her assent to +Solomon's declaration that he who spares the rod spoils the child, it +was only in the most flagrant instances of disobedience that she put the +doctrine in practice. She was firm, consistent, and truthful, indulging +in no unfulfilled threats or promises of punishment in case of +non-compliance with her orders. In fact, she acted upon the principle +that certainty and not severity of punishment was the preventative of +disobedience. Her all-prevailing governing power was +affection—love,—thus exemplifying the teaching of the Master that "he +who loveth Me keeps My commandments." I say it now, after eighty years +of memory, that we obeyed her because we loved her. She has gone to her +reward. My observation and experience is that the mother's influence +over her sons, if she be a true and affectionate mother, is far stronger +than that of the father. Her love is ever present in the conflict of +life; it remains as an enduring and restraining force against evil, and +a powerful impulse in favor of honor and right. Someone has said that +there are<span class="pagenum"><a name="Page_12" id="Page_12">[12]</a></span> but three words of beauty in the English language: "Mother, +Home, Heaven."</p> + +<p>My father owned a farm of forty acres in the Genesee Valley, and I first +saw the light of day in a plain but comfortable frame house. Back of it, +and between two and three rods from it, quietly ran in a narrow channel +a flower-strewn and almost grass-covered spring brook, whose clear and +pure waters, about a foot in depth, were used for domestic and farm +purposes. I mention this brook because connected with it is my first +memory. I fell into that brook one day when I was about three years old, +and would have drowned had it not been for the timely arrival of my +mother. As the years advanced, observation extended, experience +increased and enlarged, and I became a parent myself, I have often +considered how many children would have reached manhood or womanhood's +estate wanting the almost divine affection and ceaseless vigilance of a +mother's love.</p> + +<p>The next circumstance in my life distinctly remembered occurred some two +or three months after the water-incident stated above. Running and +romping through the kitchen one day, I tripped and fell, striking my +forehead on the sharp edge of a skillet, making a wound over an inch in +length and cutting to the bone. The profuse flow of blood alarmed me; +but my mother, who was not at all a nervous woman but calm, thoughtful +and resourceful in the presence of difficulties, soon staunched the flow +of blood and drew the bleeding lips of the gaping wound together. The +doctor soon after added his skill; then Nature intervened; and, to use +the stately language of court, the incident, as well as the wound, was +closed.</p> + +<p>I have stated these two events not as very important<span class="pagenum"><a name="Page_13" id="Page_13">[13]</a></span> factors in the +history of a life, but because they illustrate the teaching of mental +philosophy, that memory's power of retention and in individual's ability +to recall any particular fact depends upon the intensity of emotion +attending that fact or event. Especially is this true of our youth and +early manhood, when our emotional nature is active, vigorous and strong. +In after years our emotional nature is not so active and not so readily +aroused; still it exists, a latent but potent factor in memory's domain. +Given the requisite intensity, it will still write in indelible +characters the history of events on the tablets of memory.</p> + +<p>Memory is of two kinds—local and philosophical. Local memory is the +ability to retain and recall isolated and non-associated facts. The vast +mass of early facts accumulated in memory's store-house rests upon this +emotional principle. As the years increase and the mind matures, other +principles become purveyors for that store-house. The laws of +classification and association become in after years the efficient +agencies of the cultivated mind to furnish the data for reflection and +generalization. The operation of these laws constitutes philosophic +memory. But such facts have no pathos,—no coloring. The recalled facts +of our youthful days have a thrill in them; not always of joy, sometimes +of sorrow. I must, however, dismiss these imperfect thoughts on mental +philosophy, and return to autobiography.</p> + +<p>My father, not being satisfied with his forty-acre farm, in the Genesee +Valley, but being desirous of more extended land dominion, and inflamed +with the glowing description of the fertile prairie and wooded plains in +Southern Michigan, made a trip to that territory in the summer of 1831 +and purchased in St. Joseph County<span class="pagenum"><a name="Page_14" id="Page_14">[14]</a></span> two tracts of land of 160 acres +each—one being on what was afterwards called Sturgis Prairie; the +other, in what was known as the Burr Oak Openings. St. Joseph County, +now one of the most populous in that great State, then had less than two +hundred people within its large domain. Near the center of the prairie, +which contained five or six sections of land, there were four or five +log houses—the nucleus of a thriving town now existing there. There was +also quite a pretentious block-house, manifesting the existence of the +fear that the perfidious savage,—like the felon wolf,—might at any +time commence the dire work of conflagration and massacre. There were +many Indians in that section of the country. They belonged to the then +numerous and powerful tribe called the Pottawattomies. Southern Michigan +is a level and low country, abounding in small and deep lakes and +sluggish streams. These lakes and streams were literally filled with +edible fish. Deer and wild turkeys, also the prairie chicken, pheasant +and quail, were abundant. Strawberries, cherries, grapes, plums, pawpaws +and crabapples—as well as hazelnuts, hickory nuts, black walnuts and +butternuts—were everywhere in the greatest profusion in the woodlands. +It was a paradise for Indian habitation. I cannot omit from this a +slight digression—the statement that, having lived on the frontier most +of my life and having become acquainted with many Indian tribes, their +habits and customs, they do not, like the tiger, or many white men, +slaughter just for the love of slaughtering, but for food and clothing, +alone; hence, game was always plentiful in an Indian country. The +buffalo, those noble roamers over the plains, and which a century or +less ago, existed in almost countless numbers, have nearly disappeared.<span class="pagenum"><a name="Page_15" id="Page_15">[15]</a></span> +The destructive fury and remorseless cupidity of the white man have done +their work. The indian and the buffalo could and would, judging by the +past, have co-existed forever. Now the doom of annihilation awaits them +both.</p> + +<p>In the spring of 1832 we started for our new home in the wilds of +Michigan. Our outfit consisted of a wagon loaded with household goods +and provisions—two yoke of oxen and a brood mare of good stock. We +reached our destination in a little over a month. I say "we" and "our" +because I wish it to be understood that I took my father and mother and +elder brother along with me to our western home, for I thought that they +might be useful there. I distinctly remember but two incidents of that +journey; of not much importance, however, in the veracious history of a +life. I became bankrupt in the loss of a jack-knife that a confiding +friend had given me on the eve of our departure, with which I might +successfully whittle my way through to the land of promise. I was +inconsolable for a time. I had lost my all. My father, to alleviate my +grief, promised me another. So true is it that faith in a promise, +whether human or divine, assuages grief, lifts the darkening cloud, and +often opens up a fountain of joy.</p> + +<p>We had to cross Lake Erie on our journey. The not over-palatial floating +palace in which we embarked was struck by a storm. She pitched and +rolled and lurched in the tumbling and foaming waters. The passengers, +save myself and some of the crew, as I was informed, lurched and foamed +at the mouth in unison with the turbulent waves.</p> + +<p>I was confined, for fear I might be pitched over-board; but I felt no +inclination to join in the general<span class="pagenum"><a name="Page_16" id="Page_16">[16]</a></span> upheaval. Since that time I have +journeyed much on the lakes and on the ocean, in calm and in storm, but +have ever been immune from that distressing torture.</p> + +<p>We arrived at our destination on the first of June. There was no house +or building of any kind on the land purchased by my father. By the +kindly invitation and permission of a Mr. Parker, a pioneer in that +country, we were permitted for the time being, to transform his +wood-shed into a living abode. My father immediately commenced the +cutting and the hauling of logs for a habitation of our own; but before +he had completed the work he was summoned to join forces then moving +westward for the subjugation of Blackhawk and the hostile tribes +confederated under him, who were then waging a ruthless war on the +settlers of Illinois. Any signal success by this wily chieftain, and his +confederate forces might, and probably would, have vastly increased the +area of conflict and conflagration. Indian fidelity as a general rule, +is a very uncertain quantity. There are, I am glad to say, many noble +individual exceptions, but perfidy is the general trait. Vigorous action +was taken by the Government for the subjugation of the hostile tribes +and for the capture of Blackhawk. This was accomplished in the early +summer of 1832.</p> + +<p>On the morning after my father's departure I accompanied my mother to a +spring about a quarter of a mile from Mr. Parker's house, where we +obtained water for domestic purposes. Mr. Parker's house was on the +southern edge of the prairie which was fringed by a thick growth of +hazel, sumach, plums, crabapples, wild cherries and fox grapes. This +fringe was narrow and only extended back from two to four rods—beyond +which was the open timber. The trail to the spring<span class="pagenum"><a name="Page_17" id="Page_17">[17]</a></span> was in the open +timber, but close to the inner circle of the copse. Nearing the spring, +we saw, skulking near the outer edge of this thicket fringe, five +Pottawattomie warriors. They seemed to be somewhat agitated and were +intently observing the movements of the white soldiers and listening to +the roll of the drum and the call of the bugle. My mother hesitated at +first, but went on to the spring, and, having filled her pails with +water, we went back with quickened steps to the house. Shortly after, +these warriors came to the house. Mr. Parker, who imperfectly understood +their language, succeeded, however, in explaining to them the meaning of +this martial array, and they left, seemingly well satisfied. We saw them +frequently afterwards and often purchased from them choice venison, +turkey and other game birds, as well as fish, for a mere trifle. But +those were troublous days and full of dire apprehension to the lone +settler. Every night a few, principally old men, would gather at Mr. +Parker's house, and when the door was closed and securely fastened, the +light extinguished, the few men would lay down with their loaded rifles +by their side. The door was not opened in the morning until a careful +reconnoissance had been made through the port-holes, of the surrounding +country. Apprehension has in it as much of terror as actual danger. The +one is continuing—the other but momentary, and the one usually +increases in its fervor, while the other disappears with its cause.</p> + +<p>My father returned after an absence of about two months. He won no +military glory—he saw no hostile indians—Blackhawk and his +confederates having surrendered before the hostile country was reached +by the command to which my father belonged.</p> + +<p>Peace having been secured and confidence restored,<span class="pagenum"><a name="Page_18" id="Page_18">[18]</a></span> father proceeded +diligently in the erection and completion of a double log house on his +own domain.</p> + +<p>I love to think of that old log house with its hewed puncheon floors and +thick oaken doors, where my youth was spent. It was a home of peace, of +comfort, of plenty and prosperity. Its site was a beautiful one on a +knoll near the great military road leading from Detroit to Chicago, and +about midway between those cities. The next spring my father, my older +brother and myself accompanying him, went to the nearby timber land and +got two hundred young sugar maples, black walnuts and butternut trees +that were presently planted in concentric circles around that home +castle. My father did not believe in drilling ornamental trees into rank +and file, like a column of soldiers. He had faith in Nature's beauty and +did not think it could be improved by man. Nature should be subordinated +to man's will only when cultivation becomes an essential element to the +growth, which as a general rule holds only when the tree or plant or +shrub is not indigenous to the soil.</p> + +<p>In the fall of that year I was prostrated by a large abscess in the +right groin. I could neither stand on my feet, nor sit in an upright +position. A pallet on the floor, or in some shady nook outdoors when the +weather was propitious, was my favorite, and for most of the time my +lonely, resting place. On the morning of which I am about to write, my +mother was urging my father, as the abscess by its color indicated that +it was ripe for the surgeon's lance, to go for a doctor to examine it +and my condition, and if proper, to open it and let out the long +accumulated poison. The nearest doctor lived some thirty miles away, but +my father, yielding to my mother's persuasions, concluded to go.<span class="pagenum"><a name="Page_19" id="Page_19">[19]</a></span> Before +he had arisen from his seat at the table he requested my brother to +bring in some stove wood. Boy-like, brother piled up such a quantity on +his left arm that he could not see over it, and, bending backward, he +came into the house seemingly oblivious to my location, tripped against +me and fell, striking the end of the wood upon the abscess. Effectually, +but not in a very scientific manner, this opened it. I swooned away, and +it was sometime before consciousness returned to me. As proof of my +brother's surgical skill, a star-shaped scar over an inch in length, +remains today. There were some mitigating circumstances, however, in +this surgical work:—it saved a lonely journey and a large doctor bill. +He received no compensation—but otherwise—for his effective treatment, +and the resultant benefit.</p> + +<p>On account of sickness and the want of opportunity, I did not attend +school until I was nine years of age. I had a large number of picture +books containing stories of bears, panthers, lions and tigers. I had to +hire other boys to read them to me, and this kept me in a bankrupt +condition. I was frantic to be able to read them myself, and when +opportunity offered I soon accomplished this purpose.</p> + +<p>When I was fourteen years of age the district school was taught by one +Dowling—an Irishman—full six feet in height, a fine specimen of +physical manhood, and an excellent teacher. He was employed by the +Directors not only to teach, but also, if necessary, to subjugate the +rebelious spirit theretofore existing among the larger boys attending +the school. His presence and firm and courteous manner dispelled all +fear of insubordination.</p> + +<p>An incident occurred at that school which has remained<span class="pagenum"><a name="Page_20" id="Page_20">[20]</a></span> fresh in my +memory. There was a boy attending by the name of Joe Johnson. In age Joe +was between fifteen and sixteen. He was quiet, meditative, awkward—the +victim of many tricks, the butt of many jokes. One day Dowling ordered +all who could write to turn to their desks and within half an hour to +produce a verse of original poetry, or as near an approach to it as they +were able to go. We had learned that for Dowling to command was for us +to obey. I was sitting next to Joe. After meditating a few moments he +rapidly wrote the following:—</p> + +<p> +<span style="margin-left: 3em;">"I saw the devil flying to the south,</span><br /> +<span style="margin-left: 3em;">With Mr. Dowling in his mouth;</span><br /> +<span style="margin-left: 3em;">He paused awhile and dropped the fool,</span><br /> +<span style="margin-left: 3em;">And left him here to teach a common school."</span><br /> +</p> + +<p>I looked over Joe's shoulder and read as he wrote, and when he had +completed the verse—oblivious to the conditions—I laughed outright. +Mr. Dowling, with vigorous application of his hazel regulator, soon +restored my reckoning, and indicated my true latitude and longitude. Mr. +Dowling read Joe's poetry to the school, to show the ingratitude of the +pupil to his preceptor; but the matter was otherwise received by the +older pupils, and it was dropped. This incident no doubt revealed to Joe +that he possessed poetic ability of the highest order. Joe, after he had +arrived at manhood's estate, published a small volume of poems full of +wit, beauty of description, and pleasing satire.</p> + +<p>I attended the district school in the winter and worked on the farm in +the spring, summer and fall, until I was eighteen years of age, when I +left the farm and enrolled myself as a student at the Albion College, a +Methodist institution strict in its discipline, thorough<span class="pagenum"><a name="Page_21" id="Page_21">[21]</a></span> in its +teachings, and of good repute for its excellent educational work. I was +there over four years, but did not graduate because of failing health. +In measuring up intellectually with a host of other young men in debate +and composition, I was inspired with the faint hope that I might at +least win a few victories in the actual conflict of life. I gave much +attention to the languages, and was especially proficient in Greek and +Latin. I had an inclination and love for that line of study. I did not, +however, neglect the exact sciences, but I had no intuition assisting in +that direction. What I know of mathematics, and my studies in that line +were quite extensive, is the result of pure reasoning. If proper here, +let me observe that the best teacher of the exact sciences is he who +obtains a knowledge of them as I did, because he will more fully +appreciate all the difficulties met with by the ordinary student.</p> + +<p>He who intuitively sees the relation of numbers, form and quantity, +needs but little, if any, assistance from a teacher. It is he who, by +slow and laborious process of correct reasoning, discovers or unfolds +these relations, that needs the sympathetic assistance of a teacher.</p> + +<p>I left school because my physician thought I needed more ozone than +Greek—more oxygen and sunshine than Latin, and more and better physical +development for any success in life's arduous work and its strenuous +conflicts. While under the care of Nature's physician, I spent most of +my time in hunting and fishing, with occasional work on the farm. This +continued for nearly a year. The treatment was beneficial, and I enjoyed +it. During this time I received an invitation from a literary society in +the town to deliver before<span class="pagenum"><a name="Page_22" id="Page_22">[22]</a></span> them a lecture, on such subject as I might +choose and on such evening as I might designate. I accepted the +invitation, and chose as my subject "The Eclectic Scholar." I named a +day one month ahead. As this was my first appearance before a public +audience, and that, too, composed of the companions and acquaintances of +my youth—the most unpropitious of all audiences for a young man to +face—I spent nearly the entire month in the preparation of that +address. I will not attempt to give its substance or a skeleton of the +topics discussed. It was published in the local paper with flattering +comments, but I have neither the manuscript nor a copy. My first +intention was to read it, but I finally concluded to commit it to +memory, and to deliver it without the aid of the manuscript. An incident +occurred in this connection that, annoying as it was to me at the time, +I cannot omit. After the address had been memorized, I went to a dense +copse on the land of Mr. Parker, selected a small opening and delivered +the address with proper gesticulations to the surrounding saplings, +thinking no human ear or eye heard or saw me; but I was mistaken. Old +man Parker was out pheasant hunting. He was near me when I commenced to +speak, and, quickly concealing himself, saw and heard from his ambush +the whole performance. When I picked up my hat to go, he arose, came +into full view, clapped his hands and said, as he approached me, "Well +done, Orange." As I was not in a conversational mood I did not tarry. At +the appointed time I had a full audience. A vote of thanks was tendered +me and a request for a copy for publication. Since that time I have +learned that many of the great addresses of the world by orators, and +statesmen, are first carefully written, then memorized, then repeated in +front<span class="pagenum"><a name="Page_23" id="Page_23">[23]</a></span> of mirrors, before delivery to the audiences for whom they were +intended.</p> + +<p>Late in the fall of this year I concluded to study law, and to make its +exposition and practice my life work. With this end in view I entered +the office of Hon. John C. Howe, of Lima, La Grange County, Indiana. +Here let me say by way of parenthesis, that our esteemed brother lawyer, +James B. Howe of Seattle, is a near relative of his. A brief description +of my preceptor may be admissible. He was a quiet, somewhat reserved +man, and a great student. Though inclined to be taciturn, yet, when in +the mood, his conversation was charming. I have often thought his mind +was a little sluggish in its ordinary movement; but, let it be +stimulated by an important case or a large fee, and he seemed to be, +like Massena, almost inspired. It is said of Napoleon's great Marshal +that in the ordinary affairs of life he was a dull and even a stupid +man; but that when he saw the smoke of battle, and heard the roar of +cannon, the rattling of musketry, and saw the gleam of bayonets in the +hands of the charging legions, he was seemingly inspired, and never, +amid the roar and tumult of battle, made a mistake. In a sense this was +true of my preceptor. He was of strong physique and could work with an +intensified industry that approached genius. He possessed great power of +generalization and could readily reduce complicated and voluminous facts +to their proper classes, and thus completely master them. Few men in +American history have possessed this ability in a pre-eminent degree. I +might, among the few, mention John C. Calhoun and Oliver P. Morton of +Indiana. Another characteristic of my preceptor was his preferential +love of English Reports and English authors;<span class="pagenum"><a name="Page_24" id="Page_24">[24]</a></span> hence, in addition to +Blackstone's Commentaries, I read Starkey on Evidence; Chitty and +Stephen on Pleadings; Chitty on Contracts, on Notes, and Bills of +Exchange; Coke on Littleton; Hale's Pleas to the Crown; Archibald on +Criminal Law; Lord Redesdale's Equity Pleadings and Jurisprudence; and +Seldon on Practice. I read Dr. Lushington's Admiralty Reports. +Seemingly, I had no use for admiralty, living as I did in the inland +empire; but I found such knowledge of great use after I was appointed to +a Judgeship in Washington Territory. A little brushing-up and some +additional reading enabled me to try the admiralty causes brought before +me to the satisfaction of the bar. I cannot close this brief reference +to my law preceptor without the narration of an incident in which he was +one of the principal actors. The sheriff of St. Joseph County, Michigan, +had been elected for four consecutive terms, and it was alleged and +conceded that he was a defaulter in a large amount. He had given a +different set of bondsmen for each term, and the question arose which of +these sets was responsible. My preceptor was employed by the county; the +bondsmen, of which my father was one, employed Columbus Lancaster, +afterwards a delegate to Congress from Washington Territory, and one of +the judges in the provisional government of Oregon. Lancaster was a +witty and eloquent speaker and a successful trial lawyer. As the case +was an important one, and the counsel distinguished, many lawyers +attended the trial. At that time the laws of Michigan gave three +justices of the peace, sitting in bank, all of the powers, by the +consent of the parties, of the Superior Court. This was a trial before +such tribunal. But little evidence was taken, just enough to raise the +legal questions involved.<span class="pagenum"><a name="Page_25" id="Page_25">[25]</a></span> The argument of Howe was clear, compact and +to my mind conclusive. It had for its basis English authorities and +cases. Lancaster answered in an eloquent and witty speech, and after a +brief reply from Howe the case was submitted. The justices retired, but +in a short time returned. Their judgment was for the defendants. Howe +was manifestly disappointed and he said to Lancaster: "I will offer +this: You may choose any three from the lawyers present, and we will +re-argue the question and I will agree to abide by their decision." The +answer of Lancaster was characteristic; he said: "I never run all day to +catch a rabbit, and then let him go just to see whether I can catch him +again."</p> + +<p>Both of these men have long since been gathered to their fathers. They +were just men and true, and in ability far above the average.</p> + +<p>I was admitted to the bar in the fall of 1850. Under the laws of +Michigan at that time, admission to the bar was not necessary to +practice law in that State, but it was the usual and dignified course. +The class seeking admission was quite a large one; most of them, in fact +all of them save myself, were old lawyers seeking admission in the +regular and time-sanctified order. An afternoon was given by Judge Wing, +who presided, for the hearing of the petition of the applicants. The +Judge and the Bar were the examiners. They all took a free hand. I +thought I could discover a disposition on the part of the Judge and the +Bar to put the old practitioners, whose knowledge of elementary +principles had been somewhat dimmed by the lapse of years, at a +disadvantage as compared with the accuracy of a young man fresh from the +books. Hence, many questions were rushed to me for<span class="pagenum"><a name="Page_26" id="Page_26">[26]</a></span> a full and accurate +statement of the text-books, which in most cases I was able to give, to +the manifest pleasure of the examiners. We were all admitted. In +anticipation of so propitious a result, we had provided a banquet for +Bench and Bar. At its conclusion the Judge said, "a motion for a new +trial would be in order, and if such motion was made he would take it +under advisement till the next term of the court, when he had but little +doubt that it would be granted."</p> + +<p>After my admission to the Bar I diligently continued my legal studies, +confining myself, however, almost exclusively to American Reports and +authors, such as Kent's Commentaries; Story on the Constitution, on +Equity Jurisprudence and Pleadings; Greenlief on Evidence; Gould on the +Form and the Logic of Pleadings; Bishop on Criminal Law; and many +others. I have continued this extensive reading during all of my +professional career when books were at hand. Looking back from a +standpoint of eighty years' time, I am satisfied that I have read too +much, and reflected, reasoned, analyzed, generalized and thoroughly +digested too little. I often think of the saying of Locke, the +philosopher, that if he had read as much as other men he would have +known as little as they. There is much truth in this statement. To read +without thought, without reflection, without analysis and a thorough +digest of what one reads, is a waste of time. More, it weakens the +memory, does not accumulate knowledge, and incapacitates the mind for +serious work. While I have no admiration for a correctly-styled "case +lawyer," yet, were I to live my professional career over again, I would +get my legal principles from a small but well-selected library of +authors of established repute; and then I would consult leading cases on +each topic or<span class="pagenum"><a name="Page_27" id="Page_27">[27]</a></span> subject, as a help for their proper and logical +application. The practice of law consists in the application of a +well-defined legal principle to a certain combination of facts. Whether +the principle applies is a question for the courts; whether the facts +that enter into the definition exist is a question for the jury. But, as +I am not writing a legal treatise, I leave the topic here.</p> + +<p>My father caught the gold fever, and early in the spring of 1849 started +with an ox-team across the plains to the gold-fields of California. He +returned in the winter of 1851-2, having been moderately successful. For +many years I had been a sufferer from neuralgia. Its painful development +was in the forehead. I was a pale and emaciated specimen of the genus +homo, weighing less than 150 pounds. My father was of the opinion that +the air of the Pacific Coast was rich in ozone, and his physical +appearance indicated that his judgment was sound. "Go west, my son," he +said; "go to Oregon—not to California—for you would amount to nothing +as a miner. You will be subject to a continual alkaline bath on the +plains, and this will prepare you for the renovating effects of the +salubrious air of the Pacific Coast." My father was not a physician, but +I readily consented to take his prescription, provided he would pay the +doctor's bill. This he willingly consented to do. I soon found three +other young men who had the Oregon fever in its incipient stages. It +soon became fixed and constitutional, and they determined to go. A wagon +was soon constructed under my father's direction—light but strong, with +a bed water-tight and removable, so that it could be used as a boat for +ferrying purposes; a strong cover for the wagon, and a tent which in +case of storm could be fastened to the wagon to supplement the +effectiveness of the cover.<span class="pagenum"><a name="Page_28" id="Page_28">[28]</a></span> Each furnished a span of light, tough and +dark-colored horses. White was not allowed on account of their alleged +want of toughness and durability. Each was allowed two full suits of +clothes and no more, and two pair of double blankets and no more. The +object was to prevent overloading. Each was to have a rifle or shotgun, +or both, and a pistol and sheath-knife. I am thus particular, because in +this day of railroads and Pullman cars, these things are fast passing +from memory.</p> + +<p>On the first of March, 1852, we left Sturgis, Michigan. Our first point +of destination was Cainesville on the Missouri River. We did our own +cooking and slept in our wagon when the weather was clement; at hotels +and farm houses when it was inclement. None of us had ever tried our +hand at cooking before, and our development along that line had a good +deal of solid fact, and but little poetry in it. We could put more +specific gravity into a given bulk of bread than any scientific cook on +earth. Taken in quantity, it would test the digestive energies of an +ostrich; but we took it in homeopathic doses. We lived in the open air +and survived, as our knowledge of the culinary art rapidly increased. +The moral of this mournful tale is:—mothers, teach your sons to do at +least ordinary cooking; they may many times bless you in the +ever-shifting, and strenuous conflict of life.</p> + +<p>I was born and reared in a cold climate; but when the mercury fell, the +atmosphere lost its moisture; and while the wind was fierce and biting, +it was dry. You can protect yourself against such cold; but when you +come to face the cold, damp, fierce and penetrating winds that sweep +over the prairies of Illinois and Iowa<span class="pagenum"><a name="Page_29" id="Page_29">[29]</a></span> when winter is departing, they +find you, and chill you through any kind or reasonable quantity of +clothing.</p> + +<p>On account of snow-storms we stopped for a week, in the latter part of +March, at a farm-house in the outer settlements of Iowa. The people were +intelligent and refined. Our hostess had two lovely daughters, and we +young men were at home. Prairie chickens were very abundant in the +vicinity, and with my shotgun I more than kept the family supplied while +there. Our hostess was a good cook and we lived high. A short distance +away was a log school-house also used for a church, and we accompanied +the family to church on Sunday. The minister was a Methodist +circuit-rider; and while he was not an eloquent man and did not, like +Wirt's blind preacher, in the wilds of Virginia, tell us with streaming +eyes that "Socrates died like a philosopher, but Jesus Christ like a +God," yet with force and emphasis he preached Christ and Him crucified +for a sinful world. This was the first church service we had attended +since leaving home, and it gave us all a touch of homesickness.</p> + +<p>As soon as the storm abated and the weather gave indications of more +sunshine and less downpour, we bade adieu to our hostess and her fair +daughters, and journeyed slowly onward over horrid roads towards +Cainesville. We arrived at this bustling outfitting town on the 23rd of +April. We found there a large number of persons and prairie schooners, +but most of them were on a voyage to the gold-fields of California. By +diligent inquiry I found seventeen wagons, with an average of four +persons to the wagon, whose destination was Oregon. We agreed to cross +the Missouri River on the 2nd day of May, and on the afternoon of that +day we were all safely landed on the western shore.<span class="pagenum"><a name="Page_30" id="Page_30">[30]</a></span> We were now beyond +the realm of social constraint, conventional usage, and the reign of the +law. It was interesting to me to note the effect of this condition upon +a few men in our party. They seemed to exult in their so-called freedom. +They spoke of the restraining influence of organized society as tyranny, +and of the government of law as government by force. A meeting for +organization was called for that evening. I was elected chairman, and in +response to a request for my views, I said, that we on the morrow were +to start on a journey of over two thousand miles through an Indian +country; and while it was reported that the tribes through whose country +we were to pass were at peace with the whites, yet it was a sound maxim, +in the time of peace to be prepared for war; and that our safety, and +that of our property, depended upon our strictness, watchfulness and +unity of action, and these beneficial results could only be secured by +organization; hence I proposed that, without being myself a candidate +for any position and not desiring any, we organize ourselves into a +semi-military company by the election of a captain and a first and +second lieutenant. A motion was made in accordance with the views +expressed by me, and seconded; I declared it open for discussion. One of +the persons mentioned above, who thought he had just enhaled the air of +perfect freedom, arose and said that he was opposed to the motion; he +did not propose to be lorded over by any one; he would be governed by +his own judgment and wishes. I replied that we did not propose to lord +it over any one, but to govern in all ordinary matters by common +consent, and in all matters by the laws of safety and decent morals. The +motion was put and it was carried with only five dissenting votes. A +vote was taken by ballot<span class="pagenum"><a name="Page_31" id="Page_31">[31]</a></span> for Captain, and to my astonishment I received +all the votes but two—one of which was cast by myself for a gentleman +who had crossed the plains and who had returned to the States to get +married, and, having accomplished that purpose, was returning with his +wife and an unmarried sister of hers to his home in Oregon City; the +other vote, presumptively, was cast by a gentleman that, on account of +his military appearance and the arsenal of weapons which he carried on +his person, and his alleged thirst for Indian blood, we styled Colonel. +As the Colonel was an open candidate for the office, the opinion +prevailed that he had voted for himself. The first and second +lieutenants were soon elected and a quasi-military organization was soon +formed. The first lieutenant was unpopular with the men. He was a good +man, but possessed no fitness for the position; he had much of the +<i>fortiter in re</i>, but none of the <i>suaviter in modo</i>. The second +lieutenant was a doctor by profession and was eminently fitted for the +position; he was calm, cool in danger, discreet in words and action, and +courageous in conduct. Thus equipped, the next morning at eight o'clock +we rolled out and made about twenty miles; we camped on a plateau +covered with grass and by a brooklet of pure, cold spring water. The +second and third days were but repetitions of the first. The fourth day +we reached the Loup Fork, a large tributary of the Platte. We ferried +over it successfully and resumed our journey across the valley of rather +low but rich land, still covered in places with a mass of tall dry +grass, the fading glory of last year's beneficence. We were in the +Pawnee country. When we were about two and one-half or three miles from +the river, from seventy-five to a hundred Indians arose suddenly out of +the grass, stopped our teams, and by<span class="pagenum"><a name="Page_32" id="Page_32">[32]</a></span> their unearthly yelling came near +stampeding our horses. We were caught unprepared. We did not expect to +meet hostiles, or even troublesome Indians within an hundred miles of +the Missouri River. Many of the guns were not loaded. A lame chief, +pretty well dressed in buck-skin, with a sword by his side, a pistol in +his belt, a fine rifle in his hand, and a photograph of ex-President +Fillmore, in a metallic frame, on his breast, was in command of the +Indians. He, and three subordinate chiefs were standing near the head of +the train, and I sent the doctor—the second lieutenant—and another +discreet person to confer with them and ascertain what this meant. The +other Indians in open order extended the full length of the train, and +were about five rods away. All had bows and arrows or firearms. They +used the weapons in their movements, with incessant yelling, in a +menacing manner. All things being in readiness, I went to where the +doctor and his companions and the chiefs were, near the head of the +train. I asked the doctor what they wanted. He answered that they wanted +one cow brute, a large quantity of sugar, tobacco and corn, for the +privilege of crossing their country. They were in a squatting position, +marking on the ground the boundaries of the country claimed by them. I +told the doctor that we had no cow brute and could not give one; that we +had but little sugar and tobacco, and could spare none; that if they +wanted corn to plant, we would give them a sack of shelled corn, and no +more. They understood what I said, and quickly sprang to their feet and +covered the doctor and myself with their guns. I had a double-barreled +shotgun by my side. I seized it; but before I could get it into +position, the muzzles of the guns were lowered, the yelling ceased, and +the sack of<span class="pagenum"><a name="Page_33" id="Page_33">[33]</a></span> corn was accepted as toll. This was to me a new and rather +startling application of the doctrine of <i>posse comitatus</i> for the +enforcement of an unadjudicated demand; but I have since learned that +civilized nations use battleships and cannon for that purpose.</p> + +<p>The great Carlyle declares that if a person possess a quality in a high +degree, whether that quality be mental or physical, he is unconscious of +the fact; but if he be deficient in any quality, either moral or +physical, he is always conscious of the deficiency; and, seeming to act +on the supposition that what he feels so distinctly, he fears others +might perceive, he is constantly hedging: therefore, a dishonest man is +always talking about his honesty, and a coward about his bravery. All +the men of our company behaved well but one, and that one was "the +Colonel." I cannot refrain from recalling an incident connected with +him. I have mentioned the unmarried lady who was accompanying her sister +to her Western home. She was sitting in the wagon with the reins in her +hand and a pistol in her lap, during all the excitement and uproar. As I +passed up and down the train, I saw the Colonel, either at the rear or +on the side of the wagons, away from the yelling Indians. The last time +I passed the wagon, the Colonel stuck his head out from the opposite +side and asked, "What are you going to do, Captain?" I said, "Fight, +sir, if necessary." The young lady, looking at him, exclaimed: "Yes, +sir; fight if necessary. Get on the other side of the wagon; be a man!" +Although the Colonel subsequently, by his conduct at Shell Creek, +partially redeemed his reputation, yet the insinuating jeers of the men, +as to which was the safer side of the wagon, kept him in hot water, and, +taking my advice, he left the train after the passage of<span class="pagenum"><a name="Page_34" id="Page_34">[34]</a></span> Shell Creek, +at the first opportunity. It was a good riddance, for a coward driven to +bay, and constantly wounded by the shafts of ridicule, is dangerous.</p> + +<p>Our toll having been paid and the excitement having abated, we resumed +our journey across the Loup Fork valley and over the slightly elevated +high land that separate its waters from the Platte. We descended from +this high land by an easy grade, and made an early camp. Wood, water and +grass were abundant.</p> + +<p>We knew that a large ox-train, consisting of forty wagons or more and +known as the Hopkins train, would cross the Loup Fork the next morning. +There were quite a number of women and children in the train; hence our +gallantry, as well as our bravery, prompted assistance. Further, we had +concluded that it was wise to travel in larger bodies through the +country of the Pawnees. According to our estimate, this train would +arrive at the danger point, or toll gate, between ten and eleven o'clock +a. m. Thirty of us volunteered to go back, to assist in case of +difficulty. We were mostly mounted and ready for the start, when we saw +a horseman rapidly approaching us, and we rode out to meet him. He told +us that the Hopkins train had been attacked by the Indians, that two of +his company had been seriously, if not mortally, wounded; and he asked +for a doctor. The doctor was with us and readily consented to go, after +returning to the wagon for instruments and medicine he might need. The +rest of dashed up the gentle slope—hurry-scurry, pell-mell. At the top +we slackened our speed for observation. We saw that the Indians had +abandoned the conflict and were hurrying to the river, on the further +side of which was their village. The occasional puff and report of a +white man's rifle, at long and ineffective range, no doubt<span class="pagenum"><a name="Page_35" id="Page_35">[35]</a></span> quickened +their speed. We struck out on an acute angle to cut them off from the +river, but failed. Those in boats had either reached or were near the +other shore, some three or four hundred yards away; those in the water +swam with the current and were practically out of danger: the boys, +however, took some shots at the retreating heads. I think no Indian was +killed or wounded by the shooting, but some of the boys were of a +different opinion. We were at the river bank but a short time; but +before we left it, the lame chief and his two subalterns, mentioned +above, came down to the opposite shore, raised their hands to show that +they had no weapons, then jumped into a canoe and rapidly crossed the +river to us. They asked permission to go up with us to see their dead +and to care for their wounded. The chief said five Indians were dead and +many wounded. We saw but three dead and two slightly wounded. Two white +men were wounded—one with a flint-headed arrow in the chest, the other +shot with a large ball through the fleshy part of the thigh close to the +bone. Although the arrow-head had entered the chest cavity, it had not +pierced any vital organ, and recovery was rapid; the other wound was of +a complex character, which I cannot mention, and was dangerous if not +mortal. This man was slowly recovering, however, while he remained with +us and under the doctor's assiduous care. What the final result was I +never knew. The wounded having been attended to, the train was soon on +the move for our camp. After a consultation held that evening, it was +agreed that we should travel together through the Pawnee country, and +that I should have general control of our united forces.</p> + +<p>Shell Creek, which was full five days' travel ahead,<span class="pagenum"><a name="Page_36" id="Page_36">[36]</a></span> was said to be one +of the boundary lines separating the country of the Pawnees from that of +the Sioux. Notices stuck up along the road warned us to look out for the +Pawnees at Shell Creek. It was their last toll-collecting station. This +fact and their difficulty with the Hopkins train put us on our guard. +From what we saw of the action of the Indians, there were manifest +indications, that they were collecting at Shell Creek. We saw every day +on the opposite side of the river, long lines of them journeying towards +that point. In the afternoon of the fifth day after our union, we +arrived on the plain, through which the creek had cut its way to the +Platte River. We made a corral with our wagons, some seventy-five or +eighty rods from the creek.</p> + +<p>A few small flags of different colors were floating from the top of the +bank descending to the creek, indicating that the Indians were there. I +called for seventy-five volunteers to go with me to the crossing. I am +glad to say that the Colonel promptly stepped forward; and more than the +requisite number offered to go. Where the road crosses Shell Creek +valley, if it is proper so to call it, it is from fifteen to twenty feet +below the general face of the country, the valley not being over four or +five rods in width. It is a small stream, but its shallow waters flow +over a bed of treacherous quick sand. The earlier immigrants had cut +down the nearly perpendicular bank so as to make the descent and ascent +practicable, to and from, the narrow valley. They had also, from the +nearby timber in the valley of the Platte River, obtained stringers, +placed them across the creek, and covered them with heavy split or hewn +cottonwood puncheons.</p> + +<p>I formed my volunteers in a line, open order, and<span class="pagenum"><a name="Page_37" id="Page_37">[37]</a></span> facing the crossing. +In this order we marched quite rapidly towards the creek until we were +eight or ten rods away, when an order of double quick was given,—we +dashed down to the bank, and found from seventy-five to a hundred +Indians, all armed, at different points along the bank and near the +crossing. We covered them with our rifles and shotguns. There was an +ominous silence for a short time. They soon arose, however, and all but +two crossed the creek and went to a bald knoll a short distance below +the crossing. One or two started to come up to us, but we waved them +off. The puncheons had been removed from the stringers and thrown into +an irregular pile on the further side of the creek. Two Indians stood +upon the pile. I asked for two young men to go down to replace the +puncheons. Quite a number volunteered. I selected one standing near me, +and another called Brad. Both were stalwart and muscular. Brad was a +great boaster, but a noted exception to Carlyle's rule. He was as +courageous as a lion. The puncheons were thick, water-soaked and heavy. +One of the two Indians standing upon them departed as Brad and his +companion approached; the other, silent and sullen, maintained his +position on the pile, and when Brad took hold of the end of a puncheon +he walked down to that end, thus compelling Brad to lift him as well as +the puncheon. Someone said "hit him, Brad." I thought the order a proper +one; so I said nothing. Brad, who was great in a power emanating from +the shoulder and culminating in the knuckles of the hand, struck, with +all his force, the Indian on the point of the jaw; the Indian fell to +the ground a limpid heap, and did not recover until nearly all of the +puncheons had been replaced. When he arose his face was covered with +blood from either<span class="pagenum"><a name="Page_38" id="Page_38">[38]</a></span> the effect of the blow or his fall. He walked slowly +towards the knoll where the other Indians were, and his appearance among +them created quite a sensation and uproar. It was manifest that there +was no unity of purpose, or action among them. As soon as the bridge was +repaired we crossed over with four-fifths of the men; the other +one-fifth went back to help bring up the train, and to assist in the +crossing if necessary. I left the command with the doctor, and as the +evening was fast approaching I selected a camp about one-half of a mile +beyond the crossing, where grass, water and wood were plentiful. The +first lieutenant superintended the camping. When I returned I found that +the doctor had "the lame chief" and two other younger chiefs as +prisoners. They had crossed the line marked out by him, and he retained +them as hostages. The lame chief was somewhat reconciled to his lot, but +the young men were taciturn and sullen. The lame chief knew English and +talked it sufficiently well for us to understand him. I told him that we +would give them plenty to eat, with blankets upon which they could +sleep, and that we would part as friends in the morning. I told him +further that if the Indians attacked us that night he and the two young +chiefs would be killed. I told him that he could control the Indians, +and that we required him to do it. All of this was said to him in a most +positive and emphatic manner, and he communicated it to the younger +chiefs. I asked him what so many Indians, all armed, had come away from +their villages and to the boundary of their country for? He said the +Indians had no bad feelings towards the horse-train, but they had come +to make the cow-train pay for the killed and wounded in the fight at +Loup Fork. He said that they did not expect to find us with the +cow-train.<span class="pagenum"><a name="Page_39" id="Page_39">[39]</a></span> Certain it is, that every circumstance pointed to the +conclusion that had not our train been present, the Hopkins train would +have been compelled to contribute largely, or would have had another +fight more disastrous, perhaps, than the first. The night was made +hideous by the almost constant yelling of the Indians. I remained up +until eleven, when I retired, worn out and with an acute attack of +neuralgic head-ache. After a time I slept or dozed, notwithstanding the +uproar. The doctor also had gone to his wagon. The first lieutenant was +in command. About three o'clock he came to my wagon, and requested me to +get up; he feared, he said, an attack. The Indians, he informed me, were +already approaching us. I found that the warriors had left the strip of +timber on the river and were within one hundred yards of our +picket-line. I went around the camp and found nearly everyone awake and +up. I then went with the lame chief and his guard to the picket-line. I +told him to tell the Indians, that they must not come any nearer. The +chief began to speak immediately and continued to talk for two minutes +or more; and while we did not understand what he said, the tumult +ceased, and from thence on, comparative quiet prevailed. In the morning +we gave our hostages a good breakfast and presented them with a cow +brute so lame that it could not travel farther. I saw it killed. An +Indian with a strong, and to me almost inflexible bow, threw himself on +his back, holding the steel or iron-pointed arrow with both hands +against the string of the bow, and with his feet springing it sent the +arrow deep into the heart of the animal, which fell at his feet. This +was the first exhibition I had ever seen of the power of the bow as a +weapon and life-extinguisher. At short range, with a<span class="pagenum"><a name="Page_40" id="Page_40">[40]</a></span> cool nerve, with a +full quiver, a person thus armed would be a dangerous foe.</p> + +<p>We got an early start the next morning. We bade our hostages good-bye +without regret, and entered onto the land of the Sioux with hopeful +satisfaction. We journeyed full twenty miles that day, and camped on a +treeless plain with good water and plenty of grass, but no wood save +buffalo chips. This want of wood was to continue for hundreds of miles. +It was amusing at first, to see the ladies handle the buffalo chips. +They literaly cooked with their gloves on. But the principle announced +by the poet soon asserted itself:</p> + +<p> +<span style="margin-left: 3em;">"Vice is a monster of so frightful mien,</span><br /> +<span style="margin-left: 3em;">As to be hated, needs but to be seen;</span><br /> +<span style="margin-left: 3em;">Yet seen too oft, familiar with her face,</span><br /> +<span style="margin-left: 3em;">We first endure, then pity, then embrace."</span><br /> +</p> + +<p>I do not mean to say that they embraced this fuel; only that they used +it as they would other fuel—simply obeying a law of necessity and +enduring it.</p> + +<p>This morning we parted from the Hopkins train, got an early start and +made a late camp over twenty miles away.</p> + +<p>Early in the commencement of our jurney to the sunset land, I organized +a hunting party of four good shots, two of whom I was personally +acquainted with and knew that they were well qualified for their +position; the other two were chosen on the recommendation of their +acquaintances and friends. This selection turned out to be not only +harmonious, but a fit and proper one. They organized by the election of +the doctor and myself as alternate captains, expecting that one of us +would accompany them on each day's hunt. The work was exciting, with a +dash of danger<span class="pagenum"><a name="Page_41" id="Page_41">[41]</a></span> in it, and was arduous. Heretofore there had been no +opportunity for the proof of their skill. This day, having determined +from our guide-book where to camp, I accompanied them to the hills. +Shortly after noon the hunters came across a small herd of buffalo in a +gully where there was a little pool of seepage water, and succeeded in +killing two—one a yearling, the other a barren cow. I was not in at the +killing, but I succeeded soon after in ending the swift-bounding career +of a fine antelope. We cut the meat from the carcass of the two buffalo +and placed it in sacks or rather strong saddle-bags made for that +purpose. The bones, neck and horns, save tongue, as well as the hide, +were left to be more thoroughly cleaned and devoured by wolves, the +ever-ready scavengers of the plains. My trophy of this day's hunt, minus +the head and neck, was strapped to the saddle of my horse, and thus by +her, grudgingly, borne into camp; but she became accustomed to such +work, and protested only at the stinging tightness of the cinch. This +was our first ration of fresh meat since crossing the Missouri River. +The meat was a treat, fat, juicy and tender. Two days after this the +hunters, accompanied by the doctor, at an early hour started for the +hills. They returned in the early evening, each with an antelope on his +saddle. They saw plenty of buffalo, but could not approach them +sufficiently near to get an effective shot. The meat of the antelope, +while not as rich and juicy as that of the buffalo, is in the spring of +the year, when the grass is green, sweet and tender. It is of much finer +grain than that of the buffalo; and the animal is more select in his +appetite, eating only the finer grass, with a delicate flavoring of the +finest sage, which in many cases was quite distinguishable. I remember<span class="pagenum"><a name="Page_42" id="Page_42">[42]</a></span> +that not many years ago the choicest beeves were steers fattened on the +rich and luxuriant bunch-grass of the hills, which a week or ten days +before marketing were driven to and herded in the valleys where the +small sage abounds. They ate it not as a matter of first choice, but of +necessity. Such beef, to the epicures, was the realization of a +long-felt want.</p> + +<p>The work of the hunters was strenuous, and as a partial compensation for +their longer hours, and the beneficent results of the successful work by +them, they were excused from guard-duty in the night. To this all +agreed.</p> + +<p>On the second day after the doctor's debut as a hunter, I accompanied +the hunters to the hills. We did not find game plentiful, but we +occasionally caught the glimpse of an antelope bounding away out of +range. The day was excessively hot. Late in the afternoon, however, the +hunters started a large buffalo bull from the channel of a dry creek, he +ran up the channel towards me; and as he attempted to pass me a few rods +away, I fired and struck him in the heart, and he staggered, lunged and +fell. This was my first buffalo, and I was, of course, elated with my +luck. The hunters would probably have killed him had it not been for my +fortunate intervention, for they were in close pursuit on the higher +plateau on either side, and were fast converging towards him. He could +have scarcely run in safety, the gauntlet of four such expert riflemen. +As it was, however, the honor was mine. The pelt or robe was large and +very fine, but we were compelled to leave it and the stripped bones to +be devoured by the waiting wolves. From thence on until we crossed the +Rocky Mountains, we had a liberal supply of fresh meat, consisting of +antelope, buffalo, a few deer, three<span class="pagenum"><a name="Page_43" id="Page_43">[43]</a></span> elk, one brown bear, and one +bighorn Rocky Mountain sheep, or goat.</p> + +<p>So far as travel was concerned, each day was but the tiresome repetition +of the preceding one, with very slight variations. When we arrived at +Fort Laramie we stopped for some three or four hours. We crossed the +river and made a friendly visit to the officers of the fort. We found +them to be true American soldiers and gentlemen. The commandant told us +that he had heard of the Pawnee difficulty, and had sent an officer and +a squad of soldiers to enquire into the affair. He was very anxious to +hear from us a statement of the whole matter. I gave him as full a +statement as I was able to, and both of us were of the opinion that it +was precipitated by the want of proper discipline and control of the men +in the train. This may not be very flattering to the white men, but it +is the truth, notwithstanding.</p> + +<p>I am not a military man, but I was not impressed with the idea that +Laramie, surrounded as it is by an amphitheatre of commanding hills, was +a fit site for a fort. As against an enemy with modern artillery, I +thought it to be hopelessly defenceless. As against Indians it possibly +might do. But then, I knew nothing of Plevna, similarly situated, and so +heroically defended by the Turks against a superior and well-equipped +Russian army.</p> + +<p>Leaving Fort Laramie, we now entered the Black Hills country. After a +two-days' journey in the hills, finding grass, water and wood in great +abundance, we concluded to rest for two days for laundry and +recuperative purposes. Our horses began to show the effects of the +journey, and the want of their accustomed food. No animal has the power +of endurance of man, unless<span class="pagenum"><a name="Page_44" id="Page_44">[44]</a></span> it may be the wolf, "whose long gallop," +says the poet, "can tire the hounds' deep hate and hunter's fire."</p> + +<p>On the first day of our rest I accompanied the hunters into the hills +for game. About three miles from camp, on a wooded side-hill, they came +across a band of fifteen or more of elk and succeeded in killing three +of them. I was not in at the killing, but caught a distant view of the +noble antlered monarchs of the forest, as they sped away to deeper and +safer retreats in the depths of the woods. As we did not kill for the +love of slaughter, but for food, we declared the day's hunt a success, +and prepared our meat for transportation to the camp, in the usual +manner. I have killed quite a number of elk since that time in the +mountains of Oregon, but I have never seen one larger than one of those, +although I have seen much larger and finer antlers than adorned the +heads of any of them. The purpose of the antlers, in my judgment, is not +to furnish the animal a weapon in fight, but as a protection to his +shoulders as he dashes through the brush in flight from an enemy or in +pursuit of his mate. When he moves swiftly he elevates his nose until +his face is nearly in a line with his back; the antlers, extending back +on each side of the shoulders, thus affording them protection. The bucks +always lead in such flights, and to a certain extent open the way; hence +the females have no need, or not so much need, of such protection. +Somewhat disappointed with my failure to get a shot at an elk on the +preceding day, I again accompanied the hunters. We made a wide circuit +through the hills, some of which were covered with timber, while others +were bald. That it was a country abounding in game was manifest in the +signs appearing everywhere. We saw a few antelope in full flight and out +of range; we<span class="pagenum"><a name="Page_45" id="Page_45">[45]</a></span> also startled from his sylvan couch a black-tailed buck, +being the first of the deer kind seen in our journey. One of the hunters +sent a ball after him as he bounded through the brush and timber, but, +unscathed, he dashed on. As the day was fast waning we turned our +horses' heads campward, and commenced the ascent of quite a high hill to +take an observation of our latitude and longitude, and also to determine +the exact location of our camp and the best route to it. The western +side of this hill was covered with brush and fallen and dead timber. +While we were standing on the top viewing the topography of the +surrounding country, a large cinnamon bear, affrighted by our presence, +started from his lair, and in all probability his patrimonial jungle, +and dashed at a furious speed down through the brush and over the logs +and rocks of this steep side-hill. We emptied our rifles at him as he +plunged downward at such headlong speed. But one ball struck him and +that broke his right shoulder, much diminishing his speed and almost +entirely destroying his climbing powers. We soon came upon him at the +foot of the hill in a bad humor, but we quickly ended his career. He was +in fine condition; his estimated weight was from 275 to 300 pounds. We +removed the pelt, with his feet, and took them into camp as a matter of +curiosity; we also took the meat into camp, but it was not much +relished. The hide as well as most of the meat was given to begging +Indians.</p> + +<p>At Laramie a man and his wife and one child—a little girl between seven +and eight years of age—asked permission to travel with us. The man had +started the year before, got as far as Laramie and had remained there +during the winter. His team consisted of four<span class="pagenum"><a name="Page_46" id="Page_46">[46]</a></span> yoke of young oxen, well +conditioned for the trip. He had a hired man to drive them. He had a +band of forty heifers and cows. Many of the cows were giving milk; +thinking a little milk in our coffee would give it a home flavor, we +readily acceded to the request. We helped him to drive his loose stock +and do the milking. When we asked her, by politeness called his better +half, for a small quantity of milk, we found that we were dealing with a +Shylock. She had milk for sale, but not to give away. We were about to +strike when the husband intimated that our canteens were useful. We took +the hint, and after that, somehow, our coffee changed its color. To cut +this narration short, let me say that while he was six feet tall and +well proportioned, he stood still higher in the class of +antivertebrates—henpecked nincompoops—than any specimen of the genus +homo I have ever known; and she stood higher in her class of imperious +virago. How a child, sweet in her disposition, and lovable in all her +ways, could be the issue of such a union, was a mystery to us all. +Afterwards I had the pleasure of saving the little girl from drowning in +the crossing of Port Neuf near Fort Hall. A majority of the company +voted to go by way of Fort Hall and to cross the Port Neuf near its +junction with the Snake, instead of crossing it higher up, thus keeping +continuously on the highlands. I protested, but finally yielded to this +almost unanimous desire. I think the agreeable companionship of some of +the factors of the company with whom we had become acquainted, at Soda +or Steamboat Springs on Bear River, had much to do with this +determination. From the Fort, where we were hospitably entertained, to +the bluff and road beyond the Port Neuf was about five miles. The water +of the<span class="pagenum"><a name="Page_47" id="Page_47">[47]</a></span> Snake and the Port Neuf had but recently overflowed the valley +between the two, and left it a miry quicksand morass, almost impossible +of passing. It took us three days of hard labor and strenuous efforts to +reach the bluffs. The heavily-loaded wagon of the nincompoop and the +virago was almost constantly mired. We had little to do with him, but +with her it was a constant conflict. At last we got her wagon to the +river. He was on the highlands with the loose stock. The river for +twenty feet or more was from seven to ten feet in depth. With a true +team and a proper wagon this space could be safely passed. Her team, +however, consisting of a horse and a mule, when they reached deep water +made a lunge, then balked. The wagon filled with water and the current +turned it over. She had insisted on driving and on having the little +girl with her in the wagon. When it went over quite a number of us young +men, who had been working nearly all day in our drawers and undershirts, +plunged into the stream, and as we passed over the cover of the sinking +wagon seized it and stripped it from its bows. Close beside me the +little girl popped up; I seized her, and with a few strokes took her to +shore, with no damage done her save a good wetting. It was a question, +for a short time, whether the virago would drown the young men who were +trying to save her, or they would succeed in their efforts. I went to +their assistance and we brought her to the shore, but she needed the +doctor's assistance. She had in ballast more water than was necessary, +and by a rolling process was forced to give it up. Their team having +been safely extricated—the wagon and its contents on shore, and soon +transported to highlands, we found among their contents a large demijohn +of first class brandy,<span class="pagenum"><a name="Page_48" id="Page_48">[48]</a></span> to all appearances never opened, probably +because the Snake country had not been reached; and as the dominant +owner of said brandy was suffering from the too free use of water, we +all drank to the toast, with a delicate courtesy, for her speedy +delivery. Oblivious of the fearful danger of microbes, each tipped the +demijohn at an angle and for a duration of time suited to the occasion. +This spiritual passage having become historic, we hitched up our teams +and journeyed onward to a creek about two miles distant, where we camped +for the night. Next morning we bade a sorrowful adieu to the sweet, and +much-loved and sprightly daughter of our train and our whilom +companions, and resumed our journey down the left bank of the Snake +River. This road led us over a desolate and treeless plain of sage-brush +and grease-wood. The sun, at times, sent down its rays with scorching +power. The alkaline dust, betimes rolled up in suffocating volumes. The +pleasures of the chase were at an end. This dreary and waterless plain +was not the abode of animal life, save the lizard, the horn toad and the +rattlesnake. Game was said to be plentiful in the foothills and +mountains, but they were too far away. The few Indians scattered along +the river and the far-separated and uncertain tributaries had, I am +informed, no organized tribal relation, but were the vagabonds driven +off by contiguous tribes. Their subsistance was precarious, consisting +of fish, grasshoppers, crickets or black locusts, and an occasional +rabbit. But two incidents worthy of narration occurred in our journey +down the river. One was a stampede of our horses by the Indians about +two o'clock a. m. One of the four men detailed to guard them on that +night informed me that he was unwell, and I took his place.<span class="pagenum"><a name="Page_49" id="Page_49">[49]</a></span> The horses +were on excellent grass a little over a mile from camp. A short time +before sundown we rolled up our blankets and with our arms, departed for +our night's work. We all took a careful survey of the surroundings and +the horses, and then two of us rolled ourselves up in our blankets to be +awakened at one o'clock a. m. Promptly at that time we were called. The +watchmen reported that all was well; but the horses seemed a little +restless and uneasy, and the watchmen thought that wolves were prowling +around in the sage-brush, and although unseen by them, the presence of +the wolves was detected by the keener scent and clearer vision of the +horses.</p> + +<p>The night was star light and clear. The moon, when our watch commenced, +was just lifting its pale head above the eastern hills. We made a +circuit of the herd and passed among and through them, for some were +spanselled and others had long trail ropes about their necks. Finding +all things in a satisfactory condition, my companion took his position +on the left of the center of the herd, and I a similar position on the +right. Scarcely had we got to our position when a small band, or party, +of Indians suddenly arose from the sage-brush about midway between us, +and, with a wild whoop and flourish of blankets, startled the horses and +sent them, with all the speed they were capable of making, towards the +distant western hills. I fired a shot at long range in the direction of +the perfidious savages, but I am quite certain that it did them no harm. +They immediately disappeared, however, in the thick sage-brush, and I +saw no more of them until I had succeeded in stopping the horses. I got +hold of several trail-ropes, one of which belonged to my favorite riding +mare; I quickly mounted her, and with a<span class="pagenum"><a name="Page_50" id="Page_50">[50]</a></span> dash I was soon in front of the +affrighted animals. I talked to them; they knew my voice and stopped. +The horse looks to his master as his protector. I have seen many proofs +of this fact in my lonely wanderings in the hills and mountains, with no +companion but my faithful horse. Such a horse always knows where you +are; if he does not, he will take your trail and come to you. If in a +strange wood, and you get separated from him, he will often whinny; but +I am digressing.</p> + +<p>After having succeeded in stopping the affrighted animals, I took a +careful survey of my desolate surroundings. I saw to my left three +Indians standing on a slightly elevated ground, and I raised my rifle to +fire. They saw my movement and they quickly dropped to the ground. I +sent a bullet as near as I could to the spot; and while I think it did +them no injury, yet it was a notice that I was armed, and an admonition +not to come within range. I was satisfied that they were unarmed, save +with bows and arrows, which, to be effective, required both ambush and a +short range; so, although five or six miles from camp, I was fearful of +neither.</p> + +<p>I saw that the horses, hobbled or spanselled, were very much impeded in +their ability to travel, only being able to go by short jumps. +Dismounting, I unbuckled some and cut the hobbles of others. About three +miles from camp I met a rescuing party, among whom was my guard +companion. I was inclined to blame him for not accompanying me in my +wild race, but I have long since forgiven him. Such an incident was not +uncommon in the early migrations to this coast. The attempts were +numerous, but generally not as successful as this one.</p> + +<p>The next day, early in the morning, as we were<span class="pagenum"><a name="Page_51" id="Page_51">[51]</a></span> moving slowly along at +the foot of a high and bald ridge, whose top was enveloped in fog, we +heard coming from the top a shrill voice saying in prolonged accents, +"Steal Hoss—God dam!" Some thought it to be the voice of an angel; +others said that if the voice was that of an angel, it must have come +from a fallen angel, because the language was very improper for one +retaining his first estate; while others suggested that it was nothing, +but an extract, or echo from my soliloquy, as I dodged through the +sage-brush and grease-wood on that awful night in hot pursuit, of our +affrighted and fleeing horses. Despite the plausibility of this last +suggestion, I adhere to Lord Byron's contention that the anatheme was +the nucleus of England's native eloquence; and if so, why not of Indian +oratory?</p> + +<p>After passing around the point of this angelic ridge, the road diverges +to the westward from Snake River and passes over some high, bald ridges +separating it from Burnt River.</p> + +<p>On the afternoon of the 17th of July, an oppressively hot and sultry +day, our train descended from a high and volcanic table land to the +narrow valley of Burnt River in Southeastern Oregon. The way down was +through a long, narrow and treeless canyon into which the sun poured +with focal power. This canyon, and, in fact, Burnt River valley, is the +home of the festive rattlesnake. He is of the large yellow bellied +species, fierce in his war moods, and deadly when, from his spiral coil +battery, "He pours at once his venom and his length."</p> + +<p>Impatient with the slow progress we were making, myself and three other +young men that night, resolved that in the morning we would dissolve our +connection<span class="pagenum"><a name="Page_52" id="Page_52">[52]</a></span> with the train, and hasten, with longer marches and +quickened pace, to our journey's end. Accordingly, early the next +morning we packed our provisions, blankets and other personal effects on +our horses, and, bidding adieu to our companions, shouldered our rifles +and, with reliant faith in our ability to protect ourselves, started on. +Our course was up the narrow, silent and gloomy valley of Burnt River. +The banks of the river were fringed with a stunted growth of cottonwood +and poplar. On either side were high and treeless hills of red earth and +rocks, the still remaining evidence of the presence of tremendous +igneous agencies in the far-distant past, and which, no doubt, gave the +river its name. We camped at noon on a small brooklet which came +rollicking down from its canyon home until it reached the valley, and +then, embosomed in willows and tall rye grass, flowed silently on to the +more noisy and pretentious river. A short distance from camp in a sunny +glen we discovered an abundance of service berries and black currants, +large, luscious and fully ripe. Having tasted no fruit of any kind for +over three months, that noonday repast was not only greatly relished by +us, but it awakened associations of home and home life. As we feasted we +talked of sister, mother and the bright-eyed girl far away. All things +enjoyable must have an end.</p> + +<p>It was time to move on. On our return to camp we came across a monster +rattlesnake, coiled up and defiant in his lonely home. Having heard it +said that tobacco was a deadly poison to this species of snake, we +concluded to stop long enough to verify or disprove this saying. We cut +some long willow switches and split the smaller end, into which we +fastened a quantity of strong, fine-cut chewing tobacco, moistened<span class="pagenum"><a name="Page_53" id="Page_53">[53]</a></span> so +that the juice would flow freely, and then presented it to his worthy +snakeship with our compliments. He struck it three times viciously. We +could not induce him to strike it any more. He had got a quantity of the +juice and some of the tobacco in his mouth. It manifestly had taken all +the viciousness out of him. He was evidently subjugated. He began slowly +to uncoil, and as he lay at full length a tremor passed over him and he +was seemingly dead; but for fear he might recover we bruised his head, +not with our heels, but with stones.</p> + +<p>In stating this little incident I have wandered somewhat from the thread +of my narrative. I do this for two reasons: First, to show that I am a +lover of experimental science; and, secondly, to show that the filthy +weed may be put to a good purpose.</p> + +<p>Late that afternoon we made our last camp in the dismal valley of Burnt +River. The next morning we made an early start, and found ourselves on a +high sage-brush plateau just as old Sol was lifting his fiery rim above +the eastern horizon. To me an alkaline plain covered with unsightly +sage-brush, burnt with fervent heat, destitute of water and animate with +no carol of bird, or hum of insect, is the very symbol of desolation; a +silent, monotonous and dreary waste, fit only for the habitation of +lizards, horned toads, and other reptiles. Such, to a great extent was +the prospect before us. We consulted our guide-book and learned that the +only water for over forty miles was a well or spring near the road, some +twenty miles distant.</p> + +<p>We pushed on. The day was intensely hot. Two o'clock came, and three, +and four, but no spring. We had, evidently in our headlong eagerness to +make distance,<span class="pagenum"><a name="Page_54" id="Page_54">[54]</a></span> overlooked it. The sun went down in a bank of clouds, +whose storm-heads loomed above the Blue Mountains, to our left. Darkness +came on. The gleam of lightning and the sullen roar of distant thunder +warned us that a storm was coming. The fast-ascending clouds soon +covered the sky, and the darkness became intense. We called a halt, and +decided to stop for the night. We unpacked our horses and turned them +loose with trail-ropes fastened to their necks. By the friendly aid of +the lightning we were able to spread our blankets amid the sage-brush. I +must confess that as I lay that night wrapped in my blankets, with a +saddle for my pillow, startled ever and anon by the lightning's fearful +glare, and listened to the rolling thunder as it reverberated with many +voices through the canyons of the Blue Mountains, a spirit of absolute +loneliness came over me. I was homesick. I thought of my father's home, +where there was comfort and abundance. I was also troubled with the +thought that our horses might hopelessly wander away in that night of +storm. But balmy sleep—tired Nature's sweet restorer—soon put an end +to these melancholy reflections. I slept soundly despite the storm, and +did not awake until the gray streaks of morning streamed up the eastern +sky. When fairly awake, I leaped from my blankets, uncovered and +examined my rifle, and after buckling on my belt in which were a Colt's +navy revolver and hunting knife, without disturbing my companions, I +started on a hunt for our horses. I soon found their trail and followed +it with quickened speed. I found them about three miles from camp in a +beautiful little valley covered with grass, and through which flowed a +small streamlet of pure cold water. After quenching my thirst and +filling my<span class="pagenum"><a name="Page_55" id="Page_55">[55]</a></span> canteen, I mounted my favorite animal, and rode back to +camp, the others following. I arrived at camp before my companions had +awakened. I aroused them with a wild whoop, and treated them all from +the contents of my canteen. We speedily packed up and hastened onward in +search of green fields, and especially running brooks. About eight +o'clock we came to a tributary of Powder River. Here we cooked our +breakfast, not having eaten anything but hard tack for over twenty-four +hours.</p> + +<p>We made a late camp in the afternoon of that day on Grand Rounde River. +The evening of the next day found us on the west bank of the Umatilla +River. These long and forced marches had begun to tell unfavorably on +our horses. I was reminded of the declaration that man had better bottom +and finer staying qualities than any animal, except the wolf. Enured as +we were to hardship and in perfect health, with no surplus flesh, and +with muscles hardened by over three thousand miles of travel, mostly on +foot, the wolf even, could ill afford to give us percentage in a race +that involved staying qualities. Our camp being an excellent one, and +grass, wood and water, as well as fish and game, being abundant, we +decided to remain for three days to recruit our jaded horses.</p> + +<p>While out hunting the next day, I came upon the camp of a white man, +about a mile up the valley from our camp. I made bold to appear at the +door of his tent, and found a middle-aged and jolly-looking man who +received me with open-handed cordiality. With a smile he told me that +his name was Kane, that he was the Indian Agent for that portion of +Oregon. In answer to his inquiries I told him all I remembered<span class="pagenum"><a name="Page_56" id="Page_56">[56]</a></span> about +myself, and he, as a compensation, gave me a brief synopsis of his +personal history. The conversation soon turned on Indian habits and +customs; the numerical strength of the tribes in the great Columbia +basin, their war tendencies and their desire of, and capability for a +higher civilization, at least so far as the tribes under his supervision +were concerned. He argued that they had already passed from the purely +savage state to the pastorial; that they were owners of large bands of +horses, had made a commendable start in the acquisition of horned +cattle, and were very desirious of increasing their stock. He said that +quite a number of individual Indians owned from one hundred to five +thousand head of horses, "and to convince you," he said, "that these +Indians desire to advance in the line of higher civilization, I may +mention the fact that a Cayuse chief, the fortunate owner of over 2,000 +head of horses, and has an only and lovely daughter, offers to give 600 +head of valuable horses to any respectable white American who will marry +his daughter, settle down among them, and teach them agriculture." He +gave a glowing description of this maidenly flower, born to blush +unseen, and waste her sweetness on the bunch-grass plain. Touched by the +inspiration of his eloquence, I inadvertently expressed my desire to see +this incomparable princess. The agent responded that he had business +with the chief and that he would accompany me on the morrow to his camp, +situated about six miles up the valley. Nine o'clock in the morning was +fixed for starting. I returned to our camp, rehearsed to my companions +the incidents of the day, and took an inventory of my rather limited +wardrobe. Be not alarmed, gentle reader; I am not about to tell you what +my attire was on that interesting occasion;<span class="pagenum"><a name="Page_57" id="Page_57">[57]</a></span> suffice it to say that it +was becoming to an American sovereign.</p> + +<p>At the appointed time I was at the agent's camp. Two horses saddled, +with ropes around their lower jaw for bridles, were in readiness. I +approached the one allotted to me, but as I neared it, it snorted and +shied. I inquired if it was gentle. "Perfectly so," was the emphatic +answer. An Indian held him, however, as I volted into the saddle. He let +go, and we bounded away at a furious speed. At the distance of two miles +or more I found him willing to yield to the pressure on his jaw and to +slacken his headlong pace. We arrived at the Indian village about 10 a. m. +It was stationed on the margin of the river in a beautiful grove of +timber. It consisted of a dozen or more conical shaped tents. We rode up +to the front of the principal one, dismounted, and hitched our horses by +dropping the trail rope to the ground. The chief came to meet us, and +his reception of the agent seemed to be very cordial. I was introduced +as his friend, and we shook hands and said "Klahowa" to each other. We +entered the tent. There was no furniture, so we were seated on a roll of +bed-clothing next to the wall. An animated conversation was kept up +between the chief and the agent. I did not understand the Indian +dialect, nor could I then speak the classic jargon; hence I had plenty +of time and opportunity for observation. My eyes rolled around the +somewhat contracted royal mansion. I saw there a dumpy female of middle +age, with a heavy but knotted and uncombed head of hair silently engaged +in ornamenting a new pair of moccasins with steel and glass beads. This +could not be the princess?</p> + +<p>The agent told me that the chief desired to talk<span class="pagenum"><a name="Page_58" id="Page_58">[58]</a></span> with me about the +incoming emigration; I assented, the agent acting as interpreter. This +conversation ending, I went out to take a more accurate survey of the +village. While standing in front of the chieftain's tent, a young Indian +woman, riding astride of a very fine horse, approached the tent. She +reined up her steed a few feet in front of me, showed a little +astonishment at my presence, and lightly dismounted without any +assistance from me. She tarried for a moment to pet her horse, thus +giving me an excellent chance for observation. While I can not say that +her form was sylph-like and elegant, yet her features were not +irregular, nor was her form misshapen. She was of medium height and +stood erect. Her head was covered with a luxuriant growth of dark coarse +hair, flowing over her shoulders and extending down to her waist. Her +hair was neatly combed; around her neck she had several strings of +different-colored beads, large and of bogus pearls; she had on a short +gown closely fitting her neck and body, and extending to her knees; it +was made out of soft buckskin and was tastefully ornamented with beads, +and fringed around the bottom; her lower limbs were wrapped in buckskin +leggings with fringed stripes at the sides; her feet were covered with a +neat pair of moccasins, ornamented with beads. Such was the chieftain's +daughter as I then saw her. She dashed by me and entered the tent. I +soon after followed. I judged from the long and inquiring stare of the +mother, and the quick and abashed look of the daughter, that the agent +and chief were talking about me; and I subsequently learned that such +was the fact. By invitation of the chief we stayed for dinner. I will +not detain you by a description of that repast. After dinner we smoked +the pipe of peace and friendship,<span class="pagenum"><a name="Page_59" id="Page_59">[59]</a></span> then bade adieu to the chieftain and +rode back to our camp. The next day I went up to the agent's camp and +wrote for the "Detroit Free Press" a description of the Umatilla Valley +and the surrounding country, stated the number of Indians residing +there, their mode of life, their habits and customs, together with their +desire for civilization. I stated the generous offer of the Cayuse +chief, and closed with a glowing description of the dusky princess. I +mailed the letter at The Dalles.</p> + +<p>In due time we arrived in the Willamette Valley. Over three months +elapsed before I received a copy of The Free Press containing my letter. +By a strange perversion the printer had changed the word "cayuse" into +"hans." This explained a mystery. Quite a number of letters directed to +the chief of the "Hans" Indians, care of the superintendent of Indian +affairs for Oregon, had been received by him. No one knowing anything +about the Hans Indians. These letters were afterwards published in the +Oregon papers. I will give from memory a synopsis of two of them. The +first was written by a Michigan man, and he was endorsed by Lewis Cass, +Henry Ward Beecher and many other noted persons. It was a plain, +straight-forward letter and unconditionally accepted the chieftain's +offer. He desired to be speedily notified, in order that he might come +on to accept his patrimony and open his agricultural school. The other +letter was written by a Virginian. He was endorsed by the Senators of +that State and by most of its Representatives in Congress. A +daguerreotype accompanied the letter. This gallant gentleman stated to +the Chief that he would scorn to accept the hand of the daughter unless +he could first win her heart. He flattered himself, however,<span class="pagenum"><a name="Page_60" id="Page_60">[60]</a></span> that he +would have no difficulty in that matter. The whole tone of the letter +was that of a regular masher. I do not know whether these letters ever +reached the chief and his fair dusky daughter or not, nor do I know +whether he was blessed or cursed with a white son-in-law.</p> + +<p>My belief is that the perverseness of that Detroit printer obstructed +the civilization of a tribe.</p> + +<p>In conclusion, the jolly Indian agent was gathered to his fathers years +ago. The bow has fallen from the nerveless grasp of the generous +chieftain. The princess may still be alive; if so, and if her eyes by +chance should fall upon these lines, she will, no doubt, remember the +bashful and ungallant young man who met her in front of her royal +father's mansion in the beautiful Umatilla Valley in 1852.</p> + +<p>On the morning of the fifth day after our arrival in the beautiful and +fertile valley of the Umatilla we resumed our journey. Our first point +of destination was The Dalles. There we replenished our nearly exhausted +stock of provisions. From thence, our first camp was at the eastern base +of the Cascade Mountains. We passed over this rugged and +densely-timbered range by the Barlow Route. In addition to the stillness +of the solemn and continuous woods, and the majestic splendor of the +amphitheatre of surrounding mountains, there is the steep descent at +once of Laurel Hill from a summit plateau to the valley of the Sandy +River below. While it involves some sacrifice of truth to call this the +descent of a hill, it requires a greater poetic imagination, from the +few stunted Madronas, not laurels, standing on the western rim, of this +summit table-land, to call the place Laurel Hill. I saw wagons with +their household goods and gods descend this so-called<span class="pagenum"><a name="Page_61" id="Page_61">[61]</a></span> hill. None but +pioneers on whose brow and face sunshine and storm had stamped their +heraldic honors, who had swam cold and turbulent mountain streams, had +passed down steep, rocky and dangerous canyons, and had crossed +treacherous streams of quicksand, would ever have attempted this +descent. To such seasoned veterans, impossibilities had a constantly +diminishing radius. With a steady yoke of oxen—or a true and biddable +span of horses—with a long and strong rope fastened to the hind +axle-tree of the wagon and wound around some contiguous tree and +gradually loosened, the wagons were safely let down these rough and +almost perpendicular descents. My information is that no wagons pass +over this road now. It answers for a bridle-path and pack-trail, and no +more. Old Mount Hood, along whose southern base we passed, stood forth +in her imperial grandeur. The waters of the Columbia wash her northern +base and the southern base of Mount Adams, her sister peak. A huge +rock-ribbed canyon, at the bottom of which rolls the Oregon, separates +the two.</p> + +<p>An interesting Indian tradition connected with these mountains has a +narrow yet substantial footing in fact, but a broader, more airy and +more poetic foundation in myth. It runs thus:</p> + +<p>Prior to the tremendous conflict and convulsions mentioned herein, the +waters of the Columbia and of its many tributaries were confined in the +great basin east of the Cascade Mountains. They had no outlet to the +ocean. Mount Hood and Mount Adams had for ages been friends; but in +process of time they became estranged. That estrangement deepened in +intensity until it culminated in a tremendous conflict. They hurled +giant boulders at each other. From their tops<span class="pagenum"><a name="Page_62" id="Page_62">[62]</a></span> they sent against one +another huge and flaming volumes of fire and molten lava. In their +herculean and supreme efforts for victory they tore asunder the +mountains and let the long-accumulated waters of the upper basin rush +downward to the ocean. Thus, was their separation made final and +irrevocable.</p> + +<p>It is not in the line of this narrative to marshal the reasons for, or +against the probability, or improbability, of Indian legends. If I +should depart from this rule in this instance, I would say that the +similarity of the rocks on both sides of the great Columbia River gorge; +the presence of submarine shells embedded in the great eastern basin, as +well as the formation of its converging ridges, and the character of its +soil, lend a certain tinge of verification to a portion of this legend. +The other portion may be taken as a poetic description of volcanic +action, with an attendant earthquake or seismic convulsion of great +intensity, and of tremendous force.</p> + +<p>From this speculation, let us return to more solid ground. There are two +rivers heading near the same point, in the marshes and the highest +tableland of the Cascade Mountains. The waters of the one, flow eastward +and find the Columbia by a tortuous course east of the mountains; the +waters of the other, flow westward and empty in the Columbia above the +mouth of the Willamette. The Barlow Road is located on the northern side +of this depression, or break in the mountains. Let this brief, and +imperfect geographic statement serve as an introduction to the following +incident:</p> + +<p>Late in the fall of 1847 a large ox-train, with many loose cattle, +attempted the ascent of the mountains by the eastern river, but were +finally blockaded<span class="pagenum"><a name="Page_63" id="Page_63">[63]</a></span> by the constantly-increasing depth of snow. There +were many women and children, as well as stalwart men, in the train. The +situation was perilous, threatening great suffering, and the possibility +of starvation; hence, two men were deputed to cross the intervening +snow-fields to the Willamette Valley for assistance. R. and B. were the +men chosen for the difficult task; and with both of them I subsequently +became well acquainted. Equipped with snow-shoes, they successfully +passed over the summit's ridges to the desolate base of old Mt. Hood. +Here they were enveloped in a dense fog—that most fearful of all +calamities to a man in unknown woods, or mountains. Even to the +experienced hunter or trapper, familiar with the topography of a +mountain range, or a dense forest, the coming-in or settling-down of a +fog envelopment, is viewed with apprehension, and alarm. A fog +obliterates all the landmarks. Darkness has different shades of +blackness;—the depth before you has an intensified blackness; the +shadow of a mountain peak makes its huge column, or wooded side still +darker. R. and B. became bewildered in the continuous fog. Their +provisions were exhausted, and they were subsisting on snails. R. was +six feet and well proportioned—brawny and enured to toil; B. was +smaller and of a more delicate constitution. R. was a pronounced +skeptic; B. was a man of faith and inclined to look for safety to a +higher power when immediate danger was impending: hence, while R. was +eagerly hunting for food, B. was engaged in prayer. One day, deep down +under the snow, R. found the slimy trail of a snail; it led directly +under B.'s knee. R. pushed B. aside, saying: "Get out of my way—I am +nearly frantic for that snail." The game was soon captured, and R. +generously<span class="pagenum"><a name="Page_64" id="Page_64">[64]</a></span> divided it with his starving companion. At the conclusion of +their scanty feast, B. said to R.: "You are much stronger than I am, and +you will probably survive me: now, if I die, what will you do with me?" +"Eat you, sir: eat you!" was the emphatic reply. B., in his subsequent +narration of the incident, said that the idea was so abhorrent to him +that it nerved him up until their escape was made. The families were +rescued, and they came down the Columbia River to the Willamette Valley, +while most of the stock was left on good pasturage east of the +mountains. R. and B. have long since been gathered to their fathers. +Their trials, difficulties and dangers are over. May they rest in peace!</p> + +<p>Crossing the Sandy we arrived at Foster's, situated at the west end of +the Barlow Road and at the western base of the Cascade Mountains. We +were now in the great Willamette Valley. What a change presented itself! +Here were green fields, meadows and pasturage lands. The breezes were +moist and balmy. For over three months we had been crossing over +scorched and desolate plains, encountering quite a number of sunburnt, +treeless and waterless deserts. In this valley vegetation of all kinds +was luxuriant and the smaller fruits abundant. For over three months we +had eaten no vegetable food, and we never before so warmly appreciated +the beauty and poetry of beets, onions, cabbages, potatoes and carrots. +I remained in the vicinity of Foster's for four days. On the evening of +the fourth day a rancher by the name of Baker, who lived on the +Clearwater offered me employment. He had let in the sunlight on about +ten acres of very fertile soil in the dense forest. This he cultivated +in vegetables. He took a canoe-load<span class="pagenum"><a name="Page_65" id="Page_65">[65]</a></span> every day to Oregon City, distant +about five miles by his water route. My business was to prepare these +vegetables for transportation, for which I received five dollars per +day; but one morning he set me to rail making and after working a day at +it I struck. He was much amused at my rail making performance. He asked +me if I could shoot well; I answered that that was just to my hand. So +the next day we took our rifles and went up the creek-bottom and found +deer very plentiful. I shot two fine bucks while they were bounding +away, and Baker was much pleased by my ability in this line; so he +offered me six dollars a day for every day that I would furnish him, on +the bank of the creek, two deer. I successfully did this for ten days, +when, the game becoming somewhat scarce in that vicinity, he wanted me +to go out some six or seven miles into the foothills of the mountains. +This proposition carried with it so much loneliness and isolation, that +it was declined.</p> + +<p>While wandering through the valley of the Clearwater and the adjacent +hills, I was much struck with the wonders of petrification. I saw huge +fir-logs, petrified. I can never think of what I then saw without +recalling a story which I heard while delegate to Congress, and at +Washington City. Congress always makes liberal appropriations for the +investigation of the flora and fauna, and the mineral indications, as +well as the water supply or rainfall, in the territories, and in the +desert portions of the United States. Rugged old Ben Wade, while a +Senator from Ohio, always opposed these appropriations as a waste of the +people's money in what he styled, bug-hunting expeditions. Two +scientists, eminent for their learning, and known as Major Hayden and +Captain Powell, were usually employed in<span class="pagenum"><a name="Page_66" id="Page_66">[66]</a></span> these explorations. The Major +was said to be something of a martinet, while the Captain was an +excellent judge of human nature, and had plenty of what the Philosopher +Locke called "round-about common-sense." While on one of these +scientific exploring expeditions these two gentlemen were in the +mountains near Pike's Peak. That country abounds in fine specimens of +petrification. One day the Major met a company of miners, and related to +them the wonderful specimens of petrification seen by him that day. The +miners listened with eloquent, but I fear insincere, attention to the +Major's statement. When he had concluded, one of them said: "If you will +go with me, Major, to the other side of the ridge, I will show you a +specimen of petrification that discounts anything you have seen today." +The Major listened while the miner said, that at the base of a nearly +perpendicular wall of rock, extending upward several hundred feet, there +was an Indian with a rifle in his hand pointing at an angle upward +towards the rock; that both Indian and rifle were petrified; that the +smoke around the muzzle of the gun was petrified; and, what was more +wonderful, that a short distance from the muzzle of the gun a cougar was +petrified right in the air. The Major showed some uneasiness as the +story proceeded, and said at its conclusion: "I was inclined to believe +you when you began, but now I know you are lying." The miner softly put +his hand to his pistol, but, relenting, said: "You are a tenderfoot and +I forgive you; but why did you say I was lying?" "Because," said the +Major, "I know that the laws of gravitation would bring that cougar +down." "The laws of gravitation be damned," said the miner, "they were +petrified too."</p> + +<p>I visited Oregon City with my friend, and observed<span class="pagenum"><a name="Page_67" id="Page_67">[67]</a></span> the beautiful falls +of the Willamette and the waste of electrical and mechanical power. +Returning to his humble home, I bade him the next day a regretful +good-bye, and with my horses started for a point in Mill Creek Valley, +six or seven miles south of Salem, to the home of a friend with whom I +became acquainted on the plains. This friend had taken up a claim, and I +found him busily engaged in the erection of a building which might be +styled in architecture as a midway between a dwelling house and a cabin. +He had determined, as soon as this structure was completed, to go to the +mines in Southern Oregon. I also concluded to try my luck in digging for +gold. In the latter part of October, 1852, in company with two other +gentlemen, we started for the mines in Rogue River Valley, Southern +Oregon. The habitations in the Willamette Valley at that time were few +and far between. Large bands of Spanish cattle roamed over, and found +ample food in the upper portion of the valley. It was dangerous for a +footman to pass through that country. On horseback he was safe. But +little of interest occured on this trip. My friend claimed to be and he +was an expert rider. He had a large and powerful Spanish horse as his +riding animal. While in the Umpqua Valley he mounted this horse one +morning without saddle or bridle on a steep hill. The horse viciously +resented this breach of etiquette and plunged with stiff-legged vaults +downward and sideways on the steep incline, throwing his rider over his +head. The rider struck with his full weight and the momentum of the +horse's motion, on his right hand, throwing the small bones, to which +some of the muscles of the inner arm are attached, out of their sockets +at the base of the palm of the hand. The tendency<span class="pagenum"><a name="Page_68" id="Page_68">[68]</a></span> was for these muscles +still further to contract—thus aggravating his injury. The nearest +doctor was fifty miles away. Upon examination, I concluded that these +small bones ought to be forced into their proper place, if possible, +before inflammation intervened. We accordingly placed the injured man +upon his back on the ground, and as the operation would be very painful, +the others held him securely while I forced these bones back into their +sockets. Then we bound the wrist tightly, so as to keep them in place. +When we arrived at the Doctor's he, after an examination, complimented +me highly for my surgical skill, and gave me credit for saving the wrist +of the injured man. On our way to the mines we passed through what is +known as the Canyon in the mountain-spur that separates the Umpqua +country from the Rogue River county. People now passing through this +canyon scarcely appreciate the difficulties attending the passage which +then existed. The canyon is formed by two streams, both heading in a +small pond or lake at the summit of the mountain; the one that flows +northward is called Canyon Creek. It was then crossed eighty-four times +by the road. The other stream flowed southward and was crossed by way of +the road over sixty times. In the rainy season, and especially when the +mountains were covered, or blockaded with snow, the passage was almost +impossible. The passage was strewn with the wrecks of wagons and the +bones of horses and mules. Subsequently, Congress made an appropriation +of $40,000 for a military road through this mountain gorge. This money +was faithfully expended by General Hooker. The distance through the +canyon is about nine miles. General Hooker built the military road on +the side of the mountain. In quite a number of places you<span class="pagenum"><a name="Page_69" id="Page_69">[69]</a></span> can sit in +the stage and look down into a nearly perpendicular and sunless abyss +hundreds of feet in depth. Large sums of money have since been expended +by toll corporations, to keep this military road passable and in repair.</p> + +<p>We arrived at Jacksonville, in Southern Oregon, in the first part of +November.</p> + +<p>To a person who prior to that time had always been accustomed to a +different order of society, and who had never visited the mines in the +palmy days of California, a new social order was manifest. I state the +facts and the impression they made upon me as a tenderfoot; but I ought +to add that since that time, having become somewhat familiar with such +scenes, my moral sense has toughened, so that my ability to "endure" is +far greater now, than then, though my judgment as to the ultimate moral +result of such a social order has never changed.</p> + +<p>There were in Jacksonville and its immediate vicinity from seven to +eight thousand men, possibly more. The coat as an article of dress had +fallen into "innocuous desuetude." Soft slouch hats were universally +worn. There were but a few women, and most of them not angelic. The +mines were rich, money was abundant, and gambling rampant. I ought not +to omit the dance-halls that pointed the lurid way to perdition. I said +that money was abundant; I do not mean by this that much United States +gold coin was in circulation. There was a five-dollar gold piece that +had its origin in Oregon. It was stamped on one side with the words +"United States of America," and on the reverse side with the impress of +a beaver; hence, it was called "beaver money." It was of the same size +of the minted half-eagle, but contained more of gold. The other<span class="pagenum"><a name="Page_70" id="Page_70">[70]</a></span> piece +of money in circulation was octahedron in shape or form. It was stamped +on one side the same as the beaver money, and on the reverse side were +the words "Fifty Dollars." It contained more gold than the same weight +of minted coin; but the money used in nearly all transactions was gold +dust; hence, every merchant, saloonkeeper or gambler had his gold scales +at command. Gold dust had a standard value of sixteen dollars per ounce, +and purchases were paid for in gold dust. There was some silver in +circulation, but the lowest denomination was twenty-five cents. A drink +of milk, glass of beer or any other liquor, was twenty-five cents. +Sunday was partly a laundry day, but mostly a gala day. Mining ceased on +that day. All came to town to see the sights, to hear the news, to try +their luck at the gambling tables, or to purchase supplies for the +coming week. This day was a harvest day for the gambler, the +saloonkeeper, and the merchant. While there was a large quantity of +alcoholic beverages consumed, drunkennes was at a minimum. Nearly +everyone carried a pistol in his belt, and a sheath-knife in his boot. +Homicides were not frequent; this was due to the character possessed by +the great body of miners, who acted on the great law of honor, and to +the fact that to call a man a liar or to impeach the honor of his +origin, or to use towards him any epithet imputing dishonor, was to +invite the contents of a pistol into the accuser's physical economy. The +laws of chivalry and honor were the only laws obeyed in such matters. +This kind of society, rough and uncouth in its exterior, had a strong +basis in the nobler principles of a chivalric manhood. It had also a +poetic side, being composed principally of young men; it did not +suppress the finer impulses and feelings of their<span class="pagenum"><a name="Page_71" id="Page_71">[71]</a></span> better nature. As an +illustration: there was located in the valley a family, consisting of +husband and wife and two children. They had quite a number of cows and +kept milk for sale. A large number of young men used to visit this +family every Sunday for the ostensible purpose of buying milk, when the +real purpose was to see someone who had the form, the purity and the +affection of a mother. When they left the humble abode of this mother, +they talked of their own mothers, of home and its sweet recollections. +The strong ligaments of a mother's love serves as a moral anchor to them +in the billowy storms of life, even far away from that mother.</p> + +<p>Personal property of great value, such as gold in sluice boxes, though +unguarded, was perfectly secure. The sneak thief, the burglar and the +robber were conspicuous by their absence. Probably the certainty, +promptness and severity of the punishment deterred their visitation.</p> + +<p>There were no churches in that mining town, and religious services were +infrequent. I remember one incident in this line: A Methodist minister, +by the name of Stratton, came over from California and notices were +posted that he would preach the next Sunday. There was a large building +in process of erection for a gambling-house on the opposite side of the +street from the principal gambling saloon. The roof was on this new +building and a large party of us, desiring to hear the Gospel again +preached, fitted up this hall with seats from the unused lumber. The +minister had a large audience, the seats were all filled and hundreds +stood on the outside of the building. He was an able and eloquent man +and presented the simple story of the Gospel in a very forcible and +earnest manner.<span class="pagenum"><a name="Page_72" id="Page_72">[72]</a></span> When he had concluded his sermon, the contribution-box +was passed around and carried across the street to the gambling saloon, +and they all contributed liberally, some of them dropping into the box a +fifty-dollar gold piece. As soon as he had pronounced the benediction, +two mounted auctioneers, one desiring to sell a horse, the other a mule, +requested the audience to remain while they offered them bargains and +cried the virtues of these animals. Most of the audience did remain and +the bidding was quite spirited and animated; so you see that that +congregation had an opportunity to hear the Gospel, to buy a horse or a +mule, as each man's wants might demand.</p> + +<p>Civil government had not been extended over that section of the country. +The only system they had was the Alcalde system. This was borrowed from +California, and by the Californians was borrowed from the mining +jurisprudence of Spain. Every mining community of any considerable size +had its Alcalde. He held his office by election, and his jurisdiction +swept over the entire field of jurisprudence. There was no appeal from +his judgments or decrees. Jacksonville and its mining community had such +an officer; his name was Rogers. I think he was a lawyer, but had long +since ceased to practice. He was a grey-headed and venerable-looking +man. He administered the unwritten and the unclassified law of justice +and equity as it appeared to him from the facts of each case heard by +him. His judgments and decrees were promptly enforced; but there came a +change. In the fall of '52 four men in the Willamette Valley formed +themselves into a co-partnership for mining purposes, and with their +horses and provisions went to Jackson Creek to try their fortune at +mining. At first they were not<span class="pagenum"><a name="Page_73" id="Page_73">[73]</a></span> successful. Provisions running low, they +dispatched one of their number to the Willamette Valley with their +horses to bring in an ample supply of provisions for the +fast-approaching winter. This partner, sent on such a mission, became +acquainted on his trip with a blooming damsel who had just crossed the +plains. He made love to her; she reciprocated, and they were married. +The season had far advanced when the honeymoon was over. He brought, +however, on his delayed return an abundant supply of provisions. His +partners during his absence, had located some claims, opened them and +found them very rich. But on his return, while they accepted the +provisions, they denied to him all accounting, and refused to +acknowledge his interest in the new-found claims. He brought an action +before the Alcalde for an accounting and for the affirmation of his +interest in the claims. The Alcalde, after hearing and fully considering +the facts of the case, granted both of the petitions. Up to this time I +had had no employment in the case and had taken but a general interest +in it. The defeated parties called a miners' convention, whose declared +object was the election of a judge of appeals for that and other cases. +My connection with the case commenced at this point. I was employed by +the successful party before the Alcalde, and by others, to oppose this +movement. At the appointed time nearly all of the miners of Jackson +Creek and its vicinity assembled in convention at the appointed place. +The feeling for and against the proposition was quite intensified. After +the convention was organized I arose and with some trepidation addressed +the large crowd. I was listened to throughout with silent and respectful +attention. I took the position, first, that inasmuch as the machinery of +civil government<span class="pagenum"><a name="Page_74" id="Page_74">[74]</a></span> had not as yet been extended over that district of the +country, the Alcalde system prevailed, and thousands upon thousands of +valuable properties had changed hands by virtue of the Alcalde judgments +and decrees and their enforcement, and the property rights of many were +dependent upon the validity and stability of such judgments and decrees, +all would be endangered by the proposed change; that his ministerial +officers might be subject to prosecution; that under such circumstances +we had better stand upon the records of the past,—records as old as the +institution of mining in the United States. I further argued that if we +attempted to complicate affairs by the election of a judge of appeals, +and possibly by the institution of other tribunals for the correction of +error, we turn a system simple in itself, and beneficent in its +operations in the past, into a complicated farce. I argued in favor of +the probability of the Legislature, when it extended its machinery of +civil government over that section of country, passing an act validating +the judgments and decrees or providing for a liberal mode and time for +an appeal from them. My last point, omitting others, was that this +movement had its origin in, and promotion by, the parties defeated in +the Alcalde's court. If they had the power to secure a determination in +favor of a court of appeals they certainly had power to elect the judge +of appeals; that as this would be the first case to be heard by him, +they certainly would not elect a judge who was not favorable to their +interests; and that it had the appearance to me of a court organized to +convict or to reverse. I pushed this point with every reason and every +illustration and consideration that I could command. I appealed in +conclusion to their native sense of justice<span class="pagenum"><a name="Page_75" id="Page_75">[75]</a></span> and equity, and closed +after speaking a little over an hour. I was roundly applauded. My +opponent was what was known in the States as a pettifogger. I use this +term not opprobriously. He was an old miner and possessed the power of +rough-edged ridicule and philippics. He thought that the best way to +answer my argument was to annihilate me. His description of a beardless +tenderfoot coming all the way from Michigan to teach veteran miners what +they ought to do, or ought not to do was certainly amusing, if not +overdrawn by its exaggeration. He was frequently applauded by his side. +When he was through the voting commenced. The contending forces arrayed +themselves on each side of a line, with a space of four or five feet +between them. The pulling and hauling across the space was continuous. +After several efforts to make an accurate count, it was reported to the +President that there was a majority of from three to ten in favor of the +proposition. The next move was to select a judge of the court of +appeals. This was soon accomplished. The judge so elected notified the +parties of the time and place where the appeal was to be heard. At the +appointed time I appeared and filed a written protest and demurrer to +his jurisdiction. When I had finished reading them he promptly, and +without hearing the other party, overruled both protest and demurrer. He +heard the case anew and promptly reversed the judgment of the Alcalde. I +think this was the only case the judge of appeals ever heard. Nothing +but the dignity of the office remained. In after years I became well +acquainted with said judge, but I never mentioned the subject to him. A +more extended account of this affair is given in one of Bancroft's +histories of the coast. The record or papers filed by me in this case,<span class="pagenum"><a name="Page_76" id="Page_76">[76]</a></span> +I have been informed, are in the archives of Jackson County.</p> + +<p>Two incidents occurred late in the fall of '53 which as they are +somewhat historical in their character and results, may bear narration. +Rogue River Valley was unoccupied and afforded abundant pasturage for +horses and mules and horned cattle. Some enterprising fellow had just +pre-empted all of that portion of the valley west of Bear Creek, and +received stock for pasturage on that pre-empted domain, at so much per +head. Late in the fall, four fine American horses had been stolen from +this pasture. The theft was immediately attributed by the owners, and by +the keepers of the stock, to the Indians. A party of hot-headed fellows, +headed by the owners of the lost horses, went to the Indian Ranceree on +Rogue River and took four of its younger men as prisoners, or rather as +hostages—threatening to kill them if the stock was not delivered within +a week. The hostages were brought to Jacksonville and strictly confined +until the time should elapse. This action created great excitement among +the Indians, and to save the lives of their companions they hunted for +the lost animals in every direction, but could find no trace of them. +The Rogue River Indians gave it as their opinion that a band of Klamath +Indians but recently in Rogue River Valley, on a trading expedition, had +stolen the horses and driven them across the mountains to the Klamath +Lake country. The fatal day arrived and the horses were unfound; and the +determination was expressed by a large party of miners, reinforced by +the gambling element, to carry the threat into execution. One of the +Indians asked that he might talk to the whites before he was led out to +execution. His request, after some<span class="pagenum"><a name="Page_77" id="Page_77">[77]</a></span> considerable opposition, was finally +granted. His speech was interpreted into English and ran, as far as I +remember it, about as follows: He said that neither himself nor his +companions had stolen the horses, and that they knew nothing about their +loss; that the white man did not claim that they stole the horses, but +they were to be killed because others had stolen the white man's horses, +and neither they nor their friends were able to deliver them up to the +white man; that the Indians had always treated the white man +kindly—when he was hungry they gave him something to eat—but the white +man had taken possession of their country, had driven the game far away +into the mountains, had decreased the number of fish in the rivers and +streams by muddying their waters, and had by the tramping of their +horses and cattle destroyed the Kamas and Kouse upon which they largely +subsisted and had entirely destroyed the grass and other seeds which +they gathered in large quantities for food; that he felt like one +wandering alone in the deep fog and dark timber on a mountain side, and +he heard the voice of the spirits of his fathers calling to him "be +quiet and brave; the Great Spirit will avenge you." He closed. Someone +moved that the punishment be mitigated to whipping. I protested against +any punishment at all, but voted for the mitigation. The motion carried; +the poor innocent Indians were led away to receive the punishment; but I +must say that the executioner of the sentence did not lay on the lash in +a severe and brutal manner. The Indians were told to go; and they stayed +not on the order of their going, but left with good speed. Such +unjustified acts are pregnant with trouble, and the Indian war followed +soon after.</p> + +<p><span class="pagenum"><a name="Page_78" id="Page_78">[78]</a></span> There lies east of the southern portion of Rogue River +Valley a wide slope of land free from timber and ending at the rim of +the mountain, and beyond and easterly from which—there is a high +mountain table land—covered with fine green timber, among which sleep +verdant valleys whose arms extend like the radius of a star, in every +direction. Some of these valleys are wet and marshy, while others are +dry and produce a rich and abundant growth of bunch grass. There was a +large number of stock pastured in this section of country. Occasionally +a small band of the fattest and largest steers would mysteriously +disappear from this range. The number disappearing increased each +successive year. The cattle men became alarmed, and organized an armed +and mounted patrol to keep guard and watch over their stock. In the fall +of '51 it was reported that some five or six fine steers were missing +from their accustomed range. A search was immediately made and the trail +of the missing cattle discovered. It led over the rim into the mountain +basin or plateau, above referred to and across a marsh, now, and from +this circumstance, called Dead Indian Prairie, and up a narrow arm of +the prairie to a mountain culmination in a lonely spot, surrounded on +nearly all sides by a dense growth of tall chapparal brush. Here the +carcasses of the cattle, also the bodies of three Indians were found, +with all the indications that they had been recently killed. These +patrol men said that they also found the meat of the slaughtered cattle +on platforms, with a slow fire of hardwood still burning beneath them. +Thus the process of jerking preparatory to packing was in full +operation. They gave it as their opinion that the cattle had been stolen +by Klamath Indians, and that a party of predatory Modocs came<span class="pagenum"><a name="Page_79" id="Page_79">[79]</a></span> upon them +a short time before the patrol men appeared, and, finding a good +opportunity to supply themselves with food, shot down the Klamaths; but +that before they could appropriate to themselves the booty, the whites +made their appearance and the Modocs hid away in the chapparal brush. +This theory was received by their employers as rational and +satisfactory. In '58 I visited this country for the first time—having +heard the story, I sought the spot where the tragedy occurred. There +were still the bleached bones of the cattle and the whitened skeletons +of three Indians. The platform was still standing, and the extinguished +brands of charcoal and the ashes, of the vine-maple fire still existed.</p> + +<p>It was late in the afternoon. The sun was fast disappearing behind the +western hills. I hesitated for a moment whether to take a long route by +way of the narrow prairie to our camp, or to go down the brush-covered +mountain sides and thus cut off at least a mile of the distance. The +side of the mountain down which I determined to go, was said to be +infested with grizzly. I examined my rifle and pistol, to see if they +were in order and then with rapid strides commenced the descent. When +about half way down I heard a rustling in the brush to my left; I turned +and looked in that direction, and saw two large grizzlies on their +haunches attentively surveying me. My first thought was to shoot; but as +my rifle was a muzzle loader, I concluded that discretion was the better +part of valor, inasmuch as there were two of them—hence I stood quiet +till they dropped out of sight in the brush. I did not allow the grass +to grow much under my feet, as I dodged through the chapparal brush to +reach the prairie beyond. I am convinced that I could have killed<span class="pagenum"><a name="Page_80" id="Page_80">[80]</a></span> one +of them, but what to do with his enraged mate, was the question. I +remember the answer of a young man, who, while hunting, came across a +grizzly probably in her own jungle, in about the same way. He was asked +why he did not shoot; his answer was, that it would be some honor for a +man to kill a full grown grizzly, but a far greater honor for a grizzly +to kill a man.</p> + +<p>This great basin—circular in form and some eight miles in diameter—has +been visited by me in connection with hunting parties many times since. +It is, or was in former years the hunter's paradise; but I am informed +that the cattle men—the pre-emptor, and the homesteaders, and timber +monopolizers—have extended their dominion over the luxuriant +grass-producing prairies and the magnificent forests of pine, fir, +hemlock and larch, and have driven the game far back into the fastnesses +of the mountains. The Indian kills only to satisfy his wants and with +only imperfect instruments of destruction; he did not menace the entire +extinction of the beasts of the field and forest, hence game of every +kind existed and multiplied all around him; but to the white man, armed +with a repeating rifle, and fired with a devouring avarice their doom is +fixed. Nothing but the intervention of the strong arm of the law can +avert the decree of annihilation. Having alluded to this matter once +before in these sketches I will not pursue it further here.</p> + +<p>Black-tail deer were abundant on this mountain plateau, and it did not +take long for a party of good shots to obtain all the venison desired. +We did not kill for the mere love of slaughter, but for food and for the +attendant excitement and recreation of hunting.</p> + +<p>There roamed through these forests numerous small<span class="pagenum"><a name="Page_81" id="Page_81">[81]</a></span> bands of elk; I say +small bands, for I have never seen them here in such large herds as I +have seen in the Coast and Olympic ranges of mountains. They seemed to +exist here in family groups, ranging in number from three to seven or +eight. I counted one group, however, numbering fifteen, in an exploring +expedition in the dark woods near the base of snow-crowned Mount +McLaughlin. I had a fine opportunity to shoot a good sized buck whose +head was crowned with large and fine antlers; but was so distant from +camp and the ground was so rough and difficult of access, that I +forebore, and seated myself on a rock to study their habits and to watch +their movements. These small bands were quite difficult to find, for the +elk is a great roamer, but with pluck and perseverance, and the +discomforts of sleeping on their trail perhaps for one night, we were +usually successful, unless the trail led into the impassable breaks in +the mountains.</p> + +<p>The bear family was well represented in this mountain plateau. The +black, the brown, the cinnamon, the grizzly and what is known among +hunters as the mealy-nosed brown bear, were plentiful. This last species +of bear, if it be proper to call them a species, I have always thought +was a cross between the grizzly and the brown bear. His nose or muzzle +up to his eyes is nearly white. Like many crosses, he inherits all the +bad qualities of his progenitors, and seemingly, none of their good +qualities. In size he is between the grizzly and the brown bear. While +most of the species of the bear family will run on the approach of man, +unless one comes upon them suddenly in their patrimonial jungle, or a +female with her cubs, the mealy-nosed bear is inclined to stand his +ground, and to resent any crowding upon him. Doctor Livingston says, in +his<span class="pagenum"><a name="Page_82" id="Page_82">[82]</a></span> Book of Travels in Africa, that if you come upon the lion in the +day time, he will face you and quietly look at you; and if you stand +still he will in a short time turn and look at you over his shoulder, +and then commence easily to move away, and when he thinks he is out of +sight he will bound off with accelerated speed. The mealy-nosed brown +bear acts very much in the same manner. Hunting parties sometimes have +with them a leash of trained bear-dogs, and they always close the hunt +in a chase for bruin. There is in this kind of sport a dash of danger, +that makes it all the more exciting.</p> + +<p>Hunters, like poets, are born. Keenness of vision, presence of mind in +case of conflict or danger, together with steadiness of nerve, are the +essential characteristics of a true hunter. No practice or exercise can +fully supply these qualities. I could narrate many exciting and +dangerous conditions, or situations, arising from the want of some of +these qualities; but as the actors may be living, I omit them.</p> + +<p>I am at liberty to narrate only my own acts and mistakes. I cannot omit +from these sketches the first grizzly killed by me. Myself and companion +were camping on Dead Indian Prairie, when we were informed that there +were some fresh elk-tracks near a large wet prairie some three miles +from our camp. We started out to hunt for these elks. We went up a +narrow prairie through which flowed a small brook to a larger prairie +through which this brook also flowed. The brook was fringed on each side +with a thick growth of willows from three to five rods in width. We +hitched our horses near the larger prairie, and my companion was to go +carefully through the timber on the right hand, while I was to cross the +brook and carefully<span class="pagenum"><a name="Page_83" id="Page_83">[83]</a></span> scout the timber on the left hand. Shortly after I +had crossed the brook and got a good view of the prairie beyond, I saw a +large grizzly feeding near the outer line of the willows. He was some +sixty or seventy rods away. I considered for a moment, my plan of +action. I had left my pistol at the camp and had only my rifle and +hunting-knife. I kept in the timber out of sight until I got opposite to +him and probably about forty rods away. Grass on the prairie was tall, +and I concluded that as I only had one shot, I would get closer to him; +so I crawled through the grass towards him until I was possibly twenty +rods away. He commenced to act as though all was not right, and he stood +listening, reared upon his haunches, and snuffing the air. I began to +get a little nervous. I desired to get a shot at or near the butt of his +ear. While he was listening, however, he kept turning his head from me +and towards the willows. I concluded that I could strike his heart, and +quickly brought my rifle in position, and fired. He fell to the ground; +I arose to my feet and commenced to reload. My rifle was muzzle-tight, +and I had to carry in my pouch a bullet-starter. Having got the powder +in the gun and started the ball, just as I pulled the ramrod he arose to +his feet. As I was in plain view, he started directly for me. Casting my +eye around, I saw a hemlock tree, with pendent limbs, some thirty or +more rods away. I started for it with all the speed I possessed. As he +was running on a kind of circle hypothenuse, I could see that he was +rapidly closing the space between us. He was probably fifteen or twenty +feet from me when I dropped my rifle and leaped for the branches of the +tree. My aspirations were lofty just then. Had he come on, he might +possibly have gotten me, but I was soon out<span class="pagenum"><a name="Page_84" id="Page_84">[84]</a></span> of his reach. He stopped to +grasp my rifle and shook it violently. It was a half-stocked rifle, and +he bit off a portion of the stock. He stayed around the tree some three +or four minutes licking his wound, which I subsequently found was less +than half an inch too high. It was a mortal shot, but did not produce +immediate death. He suddenly leaped to his feet and dashed off to a +thicket of chapparal some twelve or thirteen rods away. I descended from +the tree, found my rifle to be in an effective condition, rammed down +the ball, put on a cap and ran for a tree standing outside of the +chapparal brush—listened and looked; and I quickly saw him. He had run +into the forks of a felled tree and had all the appearance of life. I +fired at the butt of his ear, but he did not move. I reloaded and +carefully approached him and found him to be dead. He was poor, but was +estimated to weigh some two hundred and fifty or three hundred pounds. +We took his pelt, and after a good deal of persuasion and blindfolding +my riding-horse took it into camp.</p> + +<p>Moral: no man has the right to hunt grizzly bear with a muzzle-loading +rifle and muzzle-tight at that.</p> + +<p>I have several times since then, either alone or with a hunting +companion, met them, and with a Remington repeater found no difficulty +in commanding the situation.</p> + +<p>The winter of 1852-'53 was distinguished for—so far as the memory of +the oldest inhabitants recalled—its unprecedented deep fall of snow.</p> + +<p>Rogue River Valley is rimmed around on all sides by high ranges of +mountains. These mountain ranges were rendered impassable for pack +trains or other modes of transportation. The supply of provisions in the +mines grew less and less, until it was nearly exhausted.<span class="pagenum"><a name="Page_85" id="Page_85">[85]</a></span> Flour and +beef, the staples of the miners' diet, went up to a dollar a pound and +more; salt was worth nearly its weight in gold. This was the result of a +corner, however. In these circumstances myself and three partners, who +had purchased some mining claims a considerable distance down Rogue +River, took our blankets, rifles and a scanty supply of provisions on +our backs and started for our claims. It was with some difficulty that +we were able to reach them. They were gulch claims, and if intelligently +worked under fair conditions of the weather would yield about an ounce a +day to each laborer. We commenced work on them, but the weather was so +inclement and the snow fall so continuous that we suspended. I ought to +have stated that there was quite a good log cabin on the claims. My +partners all claimed to be good hunters, but showed no disposition to +try or show their skill in that regard. I did all the hunting and +succeeded in keeping the camp quite well supplied with venison. I +finally tired of their masterly inactivity, and my strenuous work in +wallowing about in the snow.</p> + +<p>I also ceased hunting. The provisions were soon exhausted. Nothing was +left but coffee and sugar, of which we had a fair supply. With a drink +of strong coffee well saturated with sugar, and jolly in spirit, we +treated the situation as a huge joke. We all started out for venison. I +saw nothing during the day, but frequently heard the report of the +rifles of my partners. Each shot was full of hope. We all returned quite +late in the evening, and the report of nothing killed was somewhat +dismaying. We made, however, a cup of strong coffee—told our best +stories, then rolled ourselves in our blankets to dream of home, and of +our<span class="pagenum"><a name="Page_86" id="Page_86">[86]</a></span> father's house, where there was bread enough and to spare. We rose +early the next morning, taciturn and sad; not much conversation was +indulged in. Each, after his breakfast of coffee and sugar, took his own +course into the woods, while I had my accustomed ill luck of seeing no +game. I heard reports of my companions' rifles, but their echoes did not +carry with them much of faith, or hope. I returned quite late that +evening and found my companions all in the cabin. Things began to look +serious. We took our accustomed coffee and sugar, and soon retired to +our bunks to dream of tables loaded with provisions; but some fatality +always prevented us from reaching them. I was hungry, and while slowly +working my way through the snow to the cabin I looked anxiously for some +bird or squirrel that I might kill and eat. The next morning we held a +short consultation to determine whether it was better to leave, or to +make still further efforts to obtain provisions. In the afternoon of +that day I saw a large buck and three does in a clump of brush above me +on the mountain side. They were too far away for an effective shot—so I +slowly approached them. They saw me and were somewhat disturbed by my +presence. They could not go higher on account of the increasing depth of +snow. I was lying on the snow with my rifle in position, watching an +opportunity for a successful shot. All at once the buck left the clump +of brush and came plunging down the mountain side, attempting to pass me +some eight rods to my right. If I ever looked through the sights of a +rifle with a desperate determination, it was then. I fired when he was +nearly opposite me and he plunged headlong into the snow. I had struck +him fairly in the heart, and life was immediately extinct. I got to him +as soon as<span class="pagenum"><a name="Page_87" id="Page_87">[87]</a></span> I could, after reloading my rifle, and cut out of his ham a +piece, which I ate while it was still warm. It had the same effect upon +me for a short time as a drink of strong brandy has upon an empty +stomach. I cut off the saddle, threw it over my shoulder, and started +for camp. It was in the dusk of the evening when I arrived. My partners +were there, and when they saw me coming said nothing, but with a fixed +gaze, as though to be certain of relief, fairly grabbed the saddle from +my shoulders, rushed into the cabin and began to roast and eat. The +roasting was not overdone. About midnight, for fear that wolf or cougar +might find the portion left on the mountain side, they took my trail to +where it was, and brought it in. We stayed about a week longer, but I +had no difficulty in killing an abundance of venison. I did the hunting; +my partners did the packing. On the last day of our stay I killed three +deer, and with the echo of my last shot, the ghost of starvation, which +I had imagined was standing on the clouds and pointing Willametteward, +disappeared in thin air.</p> + +<p>Resting for two days, and in the meantime having received an offer for +our claims from a company mining on the bars of Rogue River, my partners +were anxious to accept the offer. I first opposed it, but finally +consented. My partners were not only tenderfeet, but they were subject +to periodic attacks of cold feet. I drew the bill of sale, and each +partner took his $250 in gold dust. It was an unwise transaction, for +the claims were worth much more. We all determined to go to the +Willamette Valley. When we arrived at the road we found that many +miners, especially of those living in the Umpqua, or Willamette Valley, +were returning home. The second night we stopped at what<span class="pagenum"><a name="Page_88" id="Page_88">[88]</a></span> was called a +hotel, about four miles south of the mouth of the canyon. It rained hard +and continuously all of the second day of our journey, and we wallowed +through the slush, snow and water until about 11 o'clock p. m. before we +reached our stopping-place. The next morning early, twenty-five or +thirty of us were at the southern mouth of the canyon and on the creek +that flows south. We found it a dashing, foaming and roaring torrent, +but it had to be crossed; so eight of us, with strong poles in our +hands, standing in a line, elbow to elbow, moved slowly and in unison +through the tumbling waters. The worst, so far as that creek was +concerned, was over. The other crossings were made without so much +difficulty, or danger. It rained continuously all day. We arrived at the +little lake on the summit about noon. There we commenced the descent of +Canyon Creek proper. This has a larger, deeper and more furious current. +The first crossings were accomplished without much trouble or peril; but +as we descended the mountain its volume increased and its current became +so swift and strong, that we were compelled to make our way, the best we +could, on the steep mountain side. We crawled under logs and over logs, +and in dangerous places hung onto brush to steady us. I was among the +first to reach the hotel near midnight of that awful day, tired, wet and +hungry. We were now in a land of plenty, and although we paid a dollar +each for one meal of good, plain, solid food, we did not begrudge it. +The next day we made a camp in an old deserted shack in the valley and +remained there for about a week. The flood had swept away all the +ferry-boats on the South Umpqua, and there were no means to cross that +swollen and rapid river. The ropes, or cables still remained, however.<span class="pagenum"><a name="Page_89" id="Page_89">[89]</a></span> +The owner of the ferry offered eight of us board, and a place to sleep +in his barn, if we would assist him in the construction or rather +digging out, of a canoe from a huge log which he had selected for that +purpose. We accepted his proposition, and experience soon showed that +most of those who had accepted his offer were quite good mechanics. One +of them, who was a wagon maker by trade, was elected as boss, and every +day, by the continuous stroke of ax, adz and other tools, that canoe +began to assume the shape and form of the real thing. It was full thirty +feet in length, and of several tons capacity. It might be classed a +giant in the canoe family. It was placed upon an extemporized sleigh, +and two yoke of oxen drew it to the river bank. The wire or rope +extending across the river being intact, the next day the builders of +this ark, or most of them, and the ferryman with his two sons, launched +it; and we having deposited our blankets in it, the owner, seated in the +stern, acted as captain, while two of the strongest men in the party +took hold of the rope and by a hand over hand motion, to keep it +straight in the current, thus attempted to work it across the river. But +when the stronger current was encountered, it became impossible to hold +it without filling it with water, and the command was given to let go. +It rapidly shot down stream, but the captain succeeded in steering it +into the willows on the side where we desired to land, though a +considerable distance below, and we all seized hold of the willows and +succeeded in making a landing. Had we gone down stream much further, we +might have been compelled to take an ocean voyage; but all is well that +ends well. The captain and his two sons thought that they could reach +the further shore by running diagonally<span class="pagenum"><a name="Page_90" id="Page_90">[90]</a></span> across the current. We stood +upon the bank and watched the operation, and saw that it was successful. +I have stated probably with too much particularity this incident in +order to show something of the hardships, as well as joy, of pioneering.</p> + +<p>The trip across the Umpqua Valley and down the Willamette was a +continuous wade through slush, and mud, and the steady downpour of the +garnered fatness of the clouds. I had for my companion a, seemingly, +intelligent man, but a pronounced pessimist, bordering on the +anarchistic type. His gloomy philosophy of life added a moral chill to +the prevailing dampness. I gladly bade him adieu in the hills south of +Salem, where I departed to the home of a friend. Safely arriving there, +I rested and recuperated for ten days. I had adopted the maxim, never to +pay board when I had the ability or capacity to earn it. I therefore +considered what it was best to do, and I determined to teach school for +a time, and then to return to Michigan. I drew up a simple article of +agreement and went up into the Waldo Hills—that country being settled +with families—to offer my services as a school-teacher. The prospect +proved to be not very encouraging, although I offered to teach a +three-months' school for five dollars a scholar, and board. Three-days' +effort secured but seven-and-a-half scholars. The afternoon of the third +day was an alternation of rain and snow. I stopped quite late in the +afternoon at the house of Mr. Waldo, the father of the late Hon. John B. +Waldo. I freely stated to him the object of my visit, and he promptly +told me that he did not care to subscribe. I stood for a time waiting +for the storm to abate somewhat, when he suddenly asked me what State I +came from; I answered "from Michigan." He<span class="pagenum"><a name="Page_91" id="Page_91">[91]</a></span> said laughingly that they +wanted no more Michigan men, or men from the North to come to this +country, for they had already, by their presence, changed the climate. +After a moment I asked him from what state he came; he proudly answered, +"from Virginia, sir." I laughingly replied "that if we had any more +Virginians in this country I feared we would have neither schools, nor +churches, nor any other agency of civilization." He said to me: "Walk +into the house, and we will talk this matter over." We walked into the +house; and as Cervantes' work, containing the exploits of Don Quixote, +lay on the table, the conversation turned upon that. I was quite +familiar with the work, and its absurdity and wisdom, and we discussed +chivalry and its social aspect, as well as its system of land tenures, +together with Sancho's judgment after he became governor of the island, +and Don Quixote's profound maxims of government. By his invitation I +stayed all night. He said to me the next morning that as a matter of +courtesy, I should see certain friends whom he named, and that as there +would be a meeting held in the school-house, which was also used as a +church, he would have it publicly announced at that meeting, that school +would be opened by me at that place, one week from the following Monday. +I followed his advice, and at the appointed time there was quite a full +attendance of pupils. Mr. Waldo was somewhat eccentric, but in him was +embodied that principle of the Roman maxim, that true friendship is +everlasting.</p> + +<p>I ought possibly to have stated that the first person that I called upon +in my educational venture was a baldheaded and sharp-visaged man, with a +family of five boys, the youngest of whom was over ten years<span class="pagenum"><a name="Page_92" id="Page_92">[92]</a></span> of age. He +told me that his oldest son had been almost through arithmetic, and that +it would require some ability in a teacher to instruct him. I modestly +informed him that I thought I could do it; but my assurances did not +seem to satisfy him, and he only signed one-half of a scholar. During +our conversation he told me that he was a poet, that he had crossed the +plains in '45 and had written an account of the trip in poetry. He said +he would like to repeat a portion of that poem; but before he did so he +exacted from me a promise that I would give him an honest opinion of the +merits of his poem. He was a weird and skeleton-like man, and rising to +his feet, and with sundry gestures, repeated his poem to me. It was a +hard matter for me to keep a solemn aspect on my countenance during this +recitation. I only remember two lines:</p> + +<p> +<span style="margin-left: 3em;">"The Soda Springs lay on our way—</span><br /> +<span style="margin-left: 3em;">It makes good beer, I do say."</span><br /> +</p> + +<p>When he took his seat, I stated to him briefly some of the laws of +poetic composition, and then showed him how his lines failed to comply +with these laws; I added, however, by way of salving his feelings, that +genius knows no law, and was not to be judged by ordinary mortals. He +seemed a little nettled, and replied that he had repeated his poem to a +great many people, who were scholars and good judges of poetry, and that +they had pronounced it a fine performance. This ended the incident. Had +my judgment been given before he signed one-half a scholar, it would +probably have been one-tenth, or a still smaller proportion of a +scholar. His boys all attended school, however, and he personally urged +me to teach another quarter. On the last day of school, many of the +parents came in and<span class="pagenum"><a name="Page_93" id="Page_93">[93]</a></span> paid me for my services, three hundred dollars, and +hired me for six-months' more teaching at the same price. I taught in +all about three years in that neighborhood.</p> + +<p>My teaching career was in every way pleasant, and I have every reason to +feel proud of the positions of honor and trust attained by at least +three of my pupils, and by the general financial success and high moral +standing of all. Judge Bellinger, late of the United States District +Court of Oregon, was a pupil of mine for about a year. He was the son of +poor parents, and by sheer force of intellect and study pushed his way +to the front, and to the honorable position which he attained, and which +he held at the time of his death.</p> + +<p>John B. Waldo, recently demised, was also a pupil of mine for about two +years. He was a sober, clear-headed, studious and somewhat taciturn boy, +quick to perceive and prompt to act. He became judge of the Supreme +Court of the State of Oregon for one term. His decisions are models of +clearness, and directness. In addition to his store of legal learning, +he probably knew more of the flora and fauna, of the mountains of Oregon +than any other man. He was not a man of robust constitution, and his +health was precarious. His death, in the prime of manhood, was deeply +mourned by all who knew him.</p> + +<p>Our own honored Oregon Dunbar, was also a pupil of mine. He was a frank, +open-hearted boy, of determined will and intense application. He had +what the great law-writer Bishop calls a legal mind—a natural +perception of the relation of legal truths—and superior powers of +classification and generalization. He is eminently a fit man for the +position he holds on the Supreme Bench of Washington. Long may he +continue<span class="pagenum"><a name="Page_94" id="Page_94">[94]</a></span> as a distinguished member of that Bench—and late may be his +return to Heaven!</p> + +<p>With such a triumvirate of integrity, high legal attainments, and +judicial honor, a teacher may well feel proud. While it is the duty of +the teacher to aid and assist his pupils and to impart instruction in +the various branches taught, yet this is not his whole, or principal +mission. His higher and nobler mission is to arouse into action all the +latent forces and qualities of his pupil's nature and to inspire him +with a noble ambition to conquer in the arduous conflicts of life. If he +succeeds in the accomplishment of this, he has fully performed his +mission.</p> + +<p>After I ceased to teach public school in Marion County, I became the +private tutor of the children of R., who was at the time Superintendent +of Indian Affairs for Oregon and Washington. I also became to some +extent his literary secretary. R., though not a learned man, had +business capacity of a high order. In religious matters he was an +agnostic, and he read more of Shakespeare than he did of the Bible. He +was a man of inflexible integrity, and a capable and faithful +administrative officer. He was much interested in Indian civilization, +and talked much of it. He was of the opinion that the system of most of +the churches was wrong in principle, and not fruitful in good results. +He maintained that the first move in this work of civilization was to +improve the physical condition of the Indian, and that the moral +improvement would come as a slow, but necessary consequence. Being full +of the subject, he concluded to call a council of the chiefs and the +principal head men of the various tribes under his jurisdiction, and to +impart to them his ideas in this behalf. The time was fixed, the place +named<span class="pagenum"><a name="Page_95" id="Page_95">[95]</a></span> was the general council hall in the city of Salem, and notices +were sent out requesting their attendance. R., while he had a good +residence in town, usually spent most of his time upon his fine farm in +the country. At the appointed time he invited me to go with him to the +council and take notes of the proceedings. When we arrived at the +council chamber we found from fifty to seventy-five Indians seated on +the floor with their backs to the wall. After a general salutation, R. +took a seat on the rostrum and requested an Indian whom he knew to act +as interpreter. As the interpreter could not speak in the language of +the various tribes represented, the jargon was adopted as the mode of +communication—all the Indians understanding that. R. briefly stated to +them the object of the council, and then asked the question, "Did they +desire fine houses, fine horses and cattle, and plenty to eat and wear": +R. was a very emphatic man and spoke in short and positive sentences. +The Indian is a stoic, and if any emotion ever agitates him it is not +betrayed in his countenance. I was much interested in the interpreter. +He seemed to be full of his mission, and he imitated the tone of voice +and gestures of R. Having asked the question, R. himself emphatically +answered that all these things that he had mentioned, and which they +desired, were obtained by "work." He reminded them that many of them had +visited his fine house in the city, and had seen his fine furniture and +other things, and he asked: "How did I get these things?" He again +answered, "By work." Having concluded his short, emphatic and impulsive +speech, silence prevailed for a short time. Finally a chief arose and +with great deliberation adjusted his blanket about him; this being +accomplished, he spoke as follows: "We are very<span class="pagenum"><a name="Page_96" id="Page_96">[96]</a></span> thankful for the good +talk of our father; we will consider it; we cannot answer now." He +suggested that one week from that time they would meet the good father +at that place and tell him their conclusions.</p> + +<p>We afterwards learned that they appointed what we would call a +committee. That committee, in their investigations, when they found a +man engaged in some menial employment and roughly clad, followed him to +his house, found that it was a very humble abode, and was not filled +with fine things; then they followed up the merchant, who had many fine +things and wore good clothes, to his home, and they found a fine house +filled with fine furniture; they also applied the same test to the +saloon keeper. Neither the merchant nor the saloon keeper, according to +their views, worked at all. On our way home from the council chamber I +ventured to suggest to R. that most of the wealth of this world was in +the hands of men who organized, or directed labor or work, and but a +small pittance in the possession of those who actually performed the +labor. I gave as my judgment that the Indian had no conception of this +work of directing and organizing labor, and that he would not consider +it as work at all. At the appointed time for the answer, the spokesman +for the Indians narrated what I have briefly stated above, and announced +very plainly and flatly as their conclusion, that what the good father +had said was not true. R. was much disappointed at his failure to start +a general movement upward in the line of Indian civilization. I am of +the opinion that his feelings went farther and impinged on the domain of +actual disgust. The subject of Indian civilization fell, henceforward, +into innocuous desuetude.</p> + +<p>Looking at the surface manifestations only, and<span class="pagenum"><a name="Page_97" id="Page_97">[97]</a></span> not having the ability +to look deeper into that complex machine called society, we cannot be +astonished at the conclusion reached by the Indian committee.</p> + +<p>While I had the honor to represent Washington Territory in Congress, and +by request of several members of the Committee on Indian Affairs with +whom I was acquainted, and while the bill reported by them was under +consideration and general debate was in order, I made a speech on Indian +civilization. I shall not reproduce that speech here, nor give an +extended synopsis of it. I commenced with the declaration that the +philosophy of an Indian's life was to put forth an act and to reap +immediately, the result of that act; that he threw a baited hook into +the water, and expected to obtain fish; that he sent an arrow or a +bullet on its fatal mission, and he expected game; that he did not plant +nor sow, because the time between planting or sowing, and reaping—the +gathering and enjoyment of the result of his work, was too distant; that +it requires the highest degree of civilization to do an act, or to make +an investment, the profits of which are not to be realized until the +lapse of considerable time: that this primary law inherent in an +Indian's philosophy of life is fundamental, and no system for his +civilization can disregard it. My next cardinal proposition was that +Indian tribes, if civilized at all, must be civilized along the lines of +their past history, habits and modes of life; that some tribes of +Indians subsist, and have subsisted for ages, on the products of ocean, +lake and river: that these are sometimes called fish Indians: that to +make appropriations to teach these Indians agriculture, or the +successful operation of the farm, is a wasteful expenditure of public +money; they are naturally sailors, and have carried the art of canoe<span class="pagenum"><a name="Page_98" id="Page_98">[98]</a></span> +making and sailing to a high degree of perfection; their larger canoes +are models of symmetry, safety and strength; that in them they +fearlessly go out on the ocean a distance of 40 or 50 miles to obtain +halibut, codfish and fur seals. Let the Government, I said, if it +desires to civilize these Indians, build them a sailing-vessel of a +hundred tons or more capacity, and they will almost intuitively learn to +sail and manage it; it would act as a consort for their larger canoes +and as a storehouse for the profits of the sea taken or captured by +them; that with such a boat, the Neah Bay Indians, for instance, would +soon become self-supporting. My views had a respectful hearing, and +influenced to some extent the policy of the Government in that regard. A +large number of copies of this speech were sent by me to the people of +the Territory, and to all our Territorial papers; but none of these, so +far as I know, noticed it further than to say that I had made such a +speech. Copious extracts from it, containing its points, were published +in many of the Eastern papers, while two published it in full. There was +some discussion as to the soundness of my views, but generally they were +approved. So far as the Neah Bay Indians were concerned, the Government +did build a sailing-vessel of smaller dimensions, however, and many of +the Neah Bay Indians have like vessels of their own, and have become, to +a great extent, self-supporting and prosperous. The same policy in a +modified form, but in fact the development of the same idea, was adopted +by Rev. Wilbur, agent of the Yakima Indians; and these Indians, to a +great extent, have given up their nomadic mode of life; they have small +farms, and neat and comfortable houses; they have gardens, chickens and +a large accumulation of domestic animals about<span class="pagenum"><a name="Page_99" id="Page_99">[99]</a></span> them. They are +prosperous, and slowly moving along the line to a higher civilization.</p> + +<p>Civilization is a slow process. It takes all the forces, moral, +intellectual, educational and religious, now in successful operation, to +hold the world from falling back and to move it slowly, but surely +onward and upward, to a higher plane of civilization. While it is a +tedious and arduous, if not an impossible task, to make a white man, in +his habits and modes of life, out of an Indian, yet the descent of the +white man to the modes, habits of life and appearance of an Indian, is a +sadly speedy process.</p> + +<p>In a trip I made to Colville, Washington, in 1856 there came into our +camp one day a person whom I supposed at first to be an Indian. He was +dressed in buckskin, ornamented with fringes and beads, with a blanket +over his shoulders; his hair was long and unkept, with no hat on his +head and his face bronzed like that of an Indian; and he was besmeared +across the forehead with red ochre, or some other kind of paint. I +should judge that he was 36 years of age. At first he refused to talk, +except in jargon; but after a while, when we were alone, he became more +communicative, and gave me something of his history. He spoke good +English. He claimed to be a graduate of one of the Eastern Colleges, and +I have no doubt his claim was true. He had gotten into some difficulty +in the States and had been living as an Indian for some eight years, or +more. To all appearances he was an Indian; he looked like an Indian and +acted like one. I was in his company for some three days, and when alone +he talked to me in good English; he said he loved this wild and nomadic +life, with its perfect freedom from the shams and hypocrisy of +so-called<span class="pagenum"><a name="Page_100" id="Page_100">[100]</a></span> civilization. He said that the hills, the mountains with +their snow-crowned culminations, the dark woods, the silver thread of +the stream viewed from an elevated point and fringed with green as it +went leaping and rollicking to its ocean home, were to him an unwritten +poem, the rythm of which he enjoyed, and the lines of which he was +trying to interpret. He quoted to me from Byron the passage concerning +the pleasures of the pathless woods, and from Bryant:</p> + +<p> +<span style="margin-left: 3em;">"Where rolls the Oregon,</span><br /> +<span style="margin-left: 3em;">And hears no sound, save his own dashings."</span><br /> +</p> + +<p>On the evening of the third day he rode away in the continuous woods to +enjoy, I suppose, their poetry and solitude. This case illustrates the +facility of the descent, by even an educated white man, to the level of +an Indian; retaining, however, in his soul, still glowing, some of the +lights of civilization.</p> + +<p>While I was stopping at R.'s I wrote a series of eight articles for The +Oregonian, showing the necessity of manufacturing crevices in the +country to hold the gold taken out of the gold mines, and also that +which was being brought in great abundance by its citizens from +California. These articles were used by The Oregonian, by my implied +assent, as editorials. The Oregonian was the leading opposition paper in +the Territory, with Silver-Gray Whig tendencies. The leading Democratic +paper was The Statesman, published at Salem, and owned and edited by Asa +Bush, who was a sharp, pungent, and effective editorial writer. "Tom +Drier," as the editor of The Oregonian was familiarly called, was an +editorial writer of considerable ability. Drier usually added some +introductory matter to my articles, and also some matter of +amplification,<span class="pagenum"><a name="Page_101" id="Page_101">[101]</a></span> or illustration. It was to me a matter of interest, and +amusement, to note that the editor of The Statesman was always able to +point out to its readers the matter written by The Oregonian's "hired +man," and what was added by the editor. Bush did not know who wrote +these articles, nor did anybody else know except myself, R. and the +editor of The Oregonian. Bush spoke highly of these articles and +enforced, in editorials of his own, the logic and necessity of the +policy recommended by them. These articles had much to do with the +establishment of the first woolen mills in the State of Oregon. These +mills were built at Salem.</p> + +<p>As the State of Washington is woefully lacking, so far as manufacturing +is concerned, I am tempted to recall, with a Seattle application, one of +the many facts embodied in the logic of those articles. Seattle has a +population of 250,000, we will say. It costs at least $7.00 each for the +feet clothing of such people for one year. This would give the sum of +$1,750,000 for boots and shoes alone. When we come to add to this the +value of the leather for harness-making, for belting and the other +purposes for which leather is used, we have over $2,000,000 taken +annually from the people of this city for leather, and its fabrics. The +absurdity of this thing appears when we consider that we have a great +abundance of hides, which are sold for a mere song, and are received +back in manufactured articles. Our forests are rich in tanning; in fact, +the raw materials of all kinds required are abundant. Any person by +giving serious consideration to the subject will soon be convinced of +its great importance, and the imperious necessity of action. As well +might we ship the logs cut in our forests to foreign countries, or the +Eastern States, to be manufactured into furniture, or<span class="pagenum"><a name="Page_102" id="Page_102">[102]</a></span> finished lumber, +as to ship other raw materials away and receive their finished products +back, paying for them the increased price, resulting from the labor +performed upon them, and for the freight both ways. No country can stand +such a drainage, and prosper.</p> + +<p>It was in the summer of 1855, if I remember correctly, that I was +nominated by an opposition convention to run as a candidate for the +Lower House of the Territorial Legislature in Oregon. I did not attend +the convention at which I was nominated, nor was I a delegate thereto. +At first I hesitated about the acceptance of the nomination; but urged +by my friends, I finally consented to run. The Territory as well as the +County, was largely Democratic. The platform announced three cardinal +principles: first, the most stringent regulation of the liquor traffic; +second, America for Americans; and thirdly, the curtailment of public +expenses and the cutting-down of salaries. The first and last of these +principles I heartily endorsed; the second, in the know-nothing sense, +and application, I was not in favor of; furthermore, I was opposed to +secret political societies. I favored an open field and a fair fight. +Having concluded to run, I went into the fight vigorously, and made +speeches in nearly all of the precincts in the County. My canvass +alarmed the Democrats, and they sent some of their best speakers after +me. I met them in joint debate at times, and at other times I, alone, +spoke. As the time approached for election, the excitement increased, +and public interest in the campaign was very much aroused. I won, during +the campaign, quite a reputation for a raconteur. A point illustrated +and enforced by an anecdote or story becomes an integral part of a man's +mental and moral constitution.</p> + +<p><span class="pagenum"><a name="Page_103" id="Page_103">[103]</a></span>About the big bills, I told the story of the farmer who had a large +flock of chickens and an equally numerous flock of ducks. He fed them +with grain. He noticed that the ducks, on account of their larger and +broader bills, were able to get more than their share of the food, and +he came to the conclusion that in order to equalize matters, he must cut +down their bills. This was just what I told the people that we proposed +to do. One of the speakers sent out by the Democracy found fault with +every proposition announced by me, and I answered him by the narration +of the story of a friend who had not seen his quondam neighbor for many +months. He was so pleased at his return that he provided a feast for +him. Mine host had roast beef, roast mutton, roast pork and chickens. He +says to John Doe: "Shant I help your plate with some of this roast beef, +which is very juicy and fine?" "No," said John Doe. "I have come to the +conclusion that a man who eats beef becomes sluggish and stupid." "Then +shall I help you to some of the mutton?" "No," says Doe, "a man who eats +mutton becomes timid and cowardly." "Well," says mine host, "you will +certainly take some roast pork?" "No," says Doe, "a man who eats pork +becomes coarse and swinish." "Then you will take some of the roast +chicken?" "No," says Doe, "of all the creatures used by man for food, +the chicken is the most filthy in his diet of them all." Mine host, +being somewhat disgusted, called to his son Sam to go out to the barn +and get some eggs—"possibly this old fool would like to suck an egg or +two."</p> + +<p>Just before election, tickets were scattered all over the County with my +name printed in every shape and form, and quite a number of these +tickets had printed on them "for representative, O. Jaques." The +canvassers<span class="pagenum"><a name="Page_104" id="Page_104">[104]</a></span> refused to count for me the last named ticket, and this +defeated me. There was no other man running whose name in orthography, +or sound, resembled mine. Had these tickets been counted for me, they +would have elected me by a small majority. I was urged to contest the +election, but I refused to do it. My own opinion, as a lawyer, was that +probably the judgment of the canvassing board was right; at least there +was enough plausibility in its support to furnish an excuse to sustain +the position of the canvassing board.</p> + +<p>Not being entirely satisfied with the climate and country, and being +desirous of visiting California and Mexico, before my return to +Michigan, I quite suddenly, in the fall of 1857, concluded to make a +start. What means I had were loaned out on demand notes. To my regret I +found my debtors unable to respond promptly. I concluded, however, to go +to Jackson County and there to await collections. I made the trip on +horseback and most of the time alone. Approaching Canonville late in the +afternoon one day I saw a lone horseman ahead of me, whose appearance +indicated that he was a traveler. I increased my speed and was soon +along side of him,—I said "How do you do, sir?" He turned a frowning +countenance towards me and snarlingly answered, "None of your business, +sir." I was not long in coming to the conclusion that possibly company +was not desired by him and especially my company; so I touched the spurs +to my horse and left him to his melancholy meditations. I might have +been wrong in my conclusion, and I must confess that I felt a good deal +as I suppose the fellow felt who was kicked out of the fourth-story +window: after gathering himself up and finding that his physical +economy, though<span class="pagenum"><a name="Page_105" id="Page_105">[105]</a></span> somewhat bruised, was intact, he came, after deliberate +reflection, to the conclusion that possibly he was not wanted up there.</p> + +<p>I stopped at a town in Jackson County, bearing the euphonious name of +Gasberg. I rested there for a couple of weeks. The people of that +settlement were contemplating the erection of a building for a high +school or seminary; and they offered me $150 a month to teach a +six-months' school. Mr. Culver, quite a wealthy gentleman, offered me an +additional $50 a month to keep his books posted, a work I could attend +to at night without interfering with the school. I concluded as I +probably would have to wait until spring for my collections, to accept +the offer. The district already had quite a good school-house. My +scholars were mostly young men and women, and I taught everything from +reading and spelling, up to and including algebra, and surveying. I +never had to do with a finer lot of pupils, and my position was in every +way agreeable to me. I ought possibly to state that my wife, then Miss +Lucinda Davenport, the only daughter of Dr. Davenport, attended that +school. This added to my other employments the delightsome one of +courting, and we were married on the first of January, 1858. Although we +have lived together for fifty years, we never have been reconciled yet, +because there never has been any occasion for a reconciliation.</p> + +<p>At the close of the first term I contracted to teach for another term of +six months, as my roving disposition had dissolved into thin air. When +the second term was closed, I was appointed a Justice of the Peace of +that precinct, and I returned to the practice of law—occasionally +writing for the newspapers.</p> + +<p>When the Civil War commenced, the editor of the<span class="pagenum"><a name="Page_106" id="Page_106">[106]</a></span> principal paper in the +southern part of the state—The Sentinel—was a Secession sympathizer, +and he and the proprietor and publisher had a fight in which the editor +was seriously wounded. I was solicited by the publisher and a committee +of leading Union men to assume charge of the editorial department of the +paper. I did so, and wrote all the editorials in the paper for over +three years. The paper was a weekly, but at times, when the news was +stirring, it was published semi-weekly. The paper under my control +rapidly increased in circulation. The editorial work that I did while on +the paper secured me an offer, when I announced my intention to resume +the practice of law, from the Sacramento Union, then the leading paper +on the Pacific Coast, to become one of its editorial staff at a good +salary. I considered the proposition for quite a time; then concluded to +decline it. Had I accepted this offer, it would have changed the whole +course and direction of my life, and I probably would have continued in +that line of work to this day. It was while I was editor of The Sentinel +that a rumor was telegraphed to me that President Lincoln had been +assassinated. It came first merely as a rumor and I communicated it only +to a few persons, anxiously waiting to hear whether it was true or not. +Many of the good and patriotic citizens of all parties feared a riot. I +issued an extra, on the confirmation of the news, briefly stating the +facts of the assassination: and every store, business house and saloon +was immediately closed, and their doors draped in mourning. A meeting +was shortly called, and I was invited to deliver an oration on the +character and service of the lamented President. I was given three days +to prepare that address. The Methodist minister was also invited to +deliver an address on<span class="pagenum"><a name="Page_107" id="Page_107">[107]</a></span> that occasion. The crowd was immense; no church +in town being large enough to hold it. My oration was published in The +Sentinel and other papers in the State and in some of the California +papers. I have a copy of that oration; but, as I give in full the +oration delivered by me in the City of Seattle on the death of President +Garfield a more recent occurrence, I have concluded to give only the +later address.</p> + +<p>I ran for the Lower House of the Legislature in Jackson County and I was +fairly elected, but was counted out; not unjustly, I do not mean to say, +for on the face of the returns I was defeated by six votes. The County +was largely Democratic, and I ran as a Republican. I said that I was +fairly elected, because there was a contest in one of the precincts for +the office of Justice of the Peace; I was the contestant's attorney, and +he succeeded in his contest because he conclusively showed that thirteen +illegal votes were cast against him. To have thrown them out on a +contest would have elected me by seven majority. I refused to contest +the election, and the matter dropped. Subsequently I ran in that County +for the office of County Judge. After I took the field, the Democrats +became alarmed, and they withdrew the candidate nominated by them, in +convention, and placed in his stead a Mr. Duncan, one of the strongest +and most popular Democrats in the County. He beat me by sixteen votes. +The other Democratic candidates were elected by majorities ranging from +three hundred to four hundred.</p> + +<p>At the time Mr. Harding was elected United States Senator for Oregon I +was without consultation, or being present, put in nomination for the +position, and I lacked only two votes of an election.</p> + +<p><span class="pagenum"><a name="Page_108" id="Page_108">[108]</a></span>Thus, while I was a hard man to beat, I was always beaten, fairly, or +unfairly.</p> + +<p>I was appointed Associate Justice of the Supreme Court of Washington +Territory in 1869. Less than a year afterwards, by unanimous +recommendation of the members of the Territorial Legislature, I was +appointed Chief Justice of that Court, and at the expiration of that +term was re-appointed Chief Justice. During this last term I was +nominated by the Republican party and elected Delegate to Congress. At +the expiration of that term I was renominated and re-elected.</p> + +<p>To make an account of my official career complete, I ought to state that +I was a member of the Territorial Council (the equivalent of a State +Senate) of Washington for one term; also Mayor of the City of Seattle +for one term; and Regent of the Territorial University of Washington for +ten years, and Treasurer of the Board of Regents all of that time.</p> + +<p>As a member of the Territorial "Council" I was appointed chairman of the +judiciary committee, and also chairman of the committee on education. +The work on these committees was almost continuous. It absorbed all of +my time for nearly every evening of the session.</p> + +<p>The iniquitous gross earning tax law, as applied to railroads, was +repealed at this session. The vote on its repeal in the "Council" was +close—and if I were not a modest man—I would say, that I contributed +largely to its repeal. I made the only elaborate argument in the +"Council" against its unequal, unjust, inequitable and partial +provisions, discriminating in favor of centralized wealth and organized +power. It was a close and hard fight in the "Council" but repeal won.</p> + +<p><span class="pagenum"><a name="Page_109" id="Page_109">[109]</a></span>The school system theretofore existing in the Territory, was radically +remodeled at this session of the Legislature. The bill as presented to +the committee was the work of a selected body of teachers. In a +legislative sense it was crude and in some of its provisions, intensely +radical. I, in fact, re-wrote the whole bill making its retained +provisions full and accurate—omitting surplus statements, and embodying +many new provisions. The bill thus remodeled passed the "Council" and +the "House," and its essential provisions remain the law of the State +today.</p> + +<p>A few general observations may be allowable: Rare are the men who +possess in a high degree, constructive legislative ability. Every act of +legislation ought by clear and accurate provisions cover every element +of the subject matter stated in the title. As the act approaches this it +approaches perfection.</p> + +<p>Any act of legislation laying the foundation of a system—such as the +school system and providing for its administration is a difficult task. +The human judgment is imperfect—and prescience is limited—hence any +approach to perfection in the system itself, or in its administrative +provisions, is a matter of evolution of slow growth—and of the survival +of the fittest. As time advances and light and knowledge increase, the +dead and useless branches are pruned off and the fit and vigorous remain +to blossom and bear fruit.</p> + +<p>The effective and beneficial work of Delegate to Congress is in the +various departments of the Government, and in the various committees of +both houses of Congress. In a new country, rapidly filling up with +people, post-routes and post-offices must be provided. On the +established lines there is a constant and pushing demand for an increase +of service. When I was elected,<span class="pagenum"><a name="Page_110" id="Page_110">[110]</a></span> the daily mail stopped at Tacoma, and +Seattle had only a weekly mail. One of my first efforts was to increase +this Seattle service to a daily mail. I had some difficulty in +accomplishing this object, because the postal authorities claimed that +the revenues of the Seattle office were not large enough to warrant such +increased service. I got it increased, however, to a daily service. I +had not so much difficulty in getting a daily service from Seattle to +Victoria and way-ports. Everybody on Puget Sound knows that Port +Discovery is about six miles west of Port Townsend. Port Discovery was a +milling town visited largely by foreign vessels and many American ships, +and a large volume of business was done there. There was a stage running +daily, from Port Townsend to Port Discovery and back, and it had only a +weekly service. I asked for a daily service, but it at first was +refused, and I notified the people interested of the result. A Mr. +Young, the manager of the Port Discovery Mills, stated to me in a letter +that, inasmuch as the Government was very poor and the people of Port +Discovery were rich, they, out of the abundance of their wealth, would +pay the additional cost, if I would secure the assent of the Government +to allow the contractor for the weekly service, to carry the mail daily. +I showed this letter to the Postmaster-General, and he, after reading +it, said: "Judge, I think the Government can stand the increased +expense, and those people shall have a daily mail;" and he ordered it.</p> + +<p>A Delegate, in order to wisely and intelligently, as well as promptly, +discharge his duties, ought to be a lawyer, and well acquainted +especially with the land-laws of the United States and other laws +pertaining to Territories. He is constantly called upon to push +land-claims to patent, and in this respect he becomes the<span class="pagenum"><a name="Page_111" id="Page_111">[111]</a></span> attorney, +without fee, of the people of the Territory. There is a large volume of +such business, and he must examine the papers in order to understand the +status of the case and to advance it for patent. Representatives from +the older States have but very little of such business to demand their +attention, and to consume their time.</p> + +<p>When I was elected, I do not think there was a single lighthouse, or fog +signal, or foghorn, on the waters of Puget Sound, and I secured the +establishment of quite a number of them.</p> + +<p>I forced the loosening of the grasp of the Northern Pacific Railroad +Company on large quantities of the public land, and I did much to secure +the passage of the law returning to purchasers one-half of the +double-minimum price ($2.50 per acre) paid by them, which was exacted on +the ground that the land so purchased was double in value by virtue of +its proximity to a railroad line. This is a brief and imperfect synopsis +of some of the results of my efforts as Delegate.</p> + +<p>A Delegate has not even the unit of political power—a vote on any +measure; he can therefore form no combination to further friendly +legislation in the interest of his Territory. The Delegates from the +different Territories, however, were regarded as quite an influential +body of men, and were usually able, by scattering through the House, by +use of personal persuasion, by attendance before committees and +receiving favorable reports, to get a part, at least, of what they +desired for their Territories.</p> + +<p>While a member of the House of Representatives I was much interested in +the study of its members and its mode of operation. The popular opinion +is that it is a calm and deliberative body. This is true as a<span class="pagenum"><a name="Page_112" id="Page_112">[112]</a></span> general +rule; but there are times, and they are not infrequent, when the House +is anything else than a sedate and deliberative body of men.</p> + +<p>General Benjamin F. Butler had a seat back of me, and frequently, when +he desired to speak, asked me to change seats with him for a time—my +seat being nearer to the Speaker of the House and a fine place wherein +to stand and from which to be distinctly heard. On one occasion it was +announced that Butler would deliver a speech on the financial question. +I offered him my seat for the purpose. The House was full. Butler was +cross-eyed and near-sighted. He commenced the delivery of his speech by +reading from a manuscript. Every eye was turned towards him. He always +commanded the attention of the House when he spoke. In the delivery of +his speech he had to keep his manuscript close to his face and to move +it to the right and to the left on account of his being cross-eyed. He +did not often speak from manuscript. This was his first attempt to do so +at that Congress. The spectacle was so novel that many members began to +laugh and to interrupt him by asking him questions. He threw the +manuscript on the desk, stepped out into a space nearly in front of the +Speaker, and gave the points of his speech without the aid of his +manuscript. He was frequently interrupted, especially by the Democrats; +and he suggested to me the idea of a lion at bay, shaking off and +striking at his opponents with caustic wit and scathing repartee. On +another occasion, a gentleman from Maryland, a large and portly man, who +was Chairman, I think, of the Committee of Foreign Affairs, arose to +introduce and briefly to explain the provisions of a bill reported from +his Committee. This gentleman was quite deaf, and like all deaf persons +spoke<span class="pagenum"><a name="Page_113" id="Page_113">[113]</a></span> in a very low tone of voice; in fact, he could not be heard six +feet away from him; but he had, no doubt adopted Demosthenes' idea that +gestures were the levers of eloquence; and his arms would go up and down +and to the right and to the left, and his eyes sometimes rolled upward +and then downward to the floor. Someone cried out: "Is this a pantomime +performance, or a public speech?" Then others gathered around him, and +all kinds of remarks were made concerning the performance. The Speaker +finally compelled the Members to take their seats; whereupon the Member +ceased his motions, and probably his speech, and resumed his seat. This +gentleman came to Congress with a great reputation as an orator. +Probably he had been such in former years, but his deafness had +destroyed his powers in that regard.</p> + +<p>I was in the House at the time that James G. Blaine, then a prominent +candidate for the Republican nomination for President, annihilated J. +Proctor Knott, who was Chairman of the Committee on the Judiciary. A +report had been made by that Committee on a matter referred to it; it +seriously reflected on Blaine's honor and integrity as a man and as a +member of the House of Representatives. It seems to have been the intent +of the majority of the Committee who joined in the report, and who were +all Democrats, not to bring up the report for hearing, but to let it +stand as damaging evidence against Mr. Blaine, in order to prevent his +nomination, or to defeat his election, if nominated. Blaine and his +friends determined to expose its animus and falsity on the floor of the +House, so that the refutation would go with the charge. To make this +vindication, however, it was necessary for Blaine to obtain the floor; +this would be opposed and was opposed. In<span class="pagenum"><a name="Page_114" id="Page_114">[114]</a></span> the parliamentary conflict +for the floor which ensued, Blaine's superior knowledge and tact +succeeded, and he was recognized by the Speaker. I never saw a more +forlorn look of disappointment, and of sullen resignation, than that +manifested in the countenances of many of his opponents, when the +Speaker announced that the gentleman from Maine was entitled to the +floor. Blaine was pale, and all aflame with indignation. His voice, +although at first a little tremulous, soon became clear and ringing. His +sentences were compact and parliamentary. He accused that great +Committee of darkening its former reputation by making a report for +political purposes. He further accused them of the deliberate +suppression of evidence that completely exonerated him, he drew from his +pocket a certified copy of such suppressed evidence, read it to the +House, and waved it in triumph amid the uproarious applause of his +Republican colleagues, and of many Democrats. He spoke in this vein for +about thirty minutes. When he closed, his friends were joyous, and his +enemies dismayed. Among the first, personally to congratulate him, was +Ben Hill of Georgia, a distinguished member of the then extinct +Confederate Congress.</p> + +<p>A ludicrous scene occurred in the House, when the bill making a large +appropriation for the re-building of the various edifices formerly +constituting William and Mary's College, in the State of Virginia, came +up for consideration. These buildings were alternately in the possession +of the Union and Confederate forces during the war, and were destroyed +by fire while the Union forces were in possession of the ground upon +which they stood. Most of the members of the Democratic party favored +this bill. A few opposed it. The Republican members generally opposed +the appropriation,<span class="pagenum"><a name="Page_115" id="Page_115">[115]</a></span> but there were some who favored it. It was +understood that when the bill came up for final passage, but one speech +would be made in its favor, and that was to be made by Mr. Loring, of +Massachusetts, a Republican. Mr. Loring had a national reputation for +finished and eloquent orations. When the time arrived the House and +galleries were full. Mr. Loring arose and partly read from a manuscript +his great oration. He stated in a clear and comprehensive manner what +the laws of war formerly were, and how they had been modified by the +generous principles of Christianity and of civilization. He stated that +now as recognized by every Christian and civilized nation, churches, +hospitals, institutions of learning and other eleemosynary institutions +were exempt from the ravages of war. He spoke in eloquent terms of the +sacred walls within which poets, philosophers, statesmen, lawyers, great +divines and warriors, if not born, received their inspiration and were +qualified for their grand missions. He was listened to, throughout, with +breathless attention. When he closed, at the expiration of a little over +an hour, he was greatly applauded. I thought it the finest oration I had +ever had the pleasure of hearing. The Republicans were anxious to break +the magnetic spell of his oratory, and to get a little time for the +sober second thought, of the members to assert itself. Conger, of +Michigan, had the ability to crowd more sarcasm, wit and scathing +repartee into the same length of time than any other member of the +House, and he was chosen by the Republicans to break the magnetic spell +of Loring's great speech. He arose, and after complimenting the +honorable gentleman from Massachusetts on his great effort, stated that +some of the buildings constituting the College, while in the<span class="pagenum"><a name="Page_116" id="Page_116">[116]</a></span> possession +of the Rebel forces, were used as stables for their horses, that their +floors were covered with excrement of such animals, that other buildings +were used as hospitals for the sick and wounded, and that their walls +were besmeared with blood and filth; and he sneeringly remarked, that +these were the sacred walls that so inspired the eloquence of the +honorable gentleman from Massachusetts. After indulging in other bitter +declarations of the same character, he ceased—having spoken for about +thirty minutes. The Virginia members were very much excited. One of +their number, by the name of Good, arose to reply to Conger. Good +possessed the ability to open his mouth and, without seeming effort or +preparation, to pour forth a volume of sweetened wind or a volume of +scathing philippics. He denounced the honorable gentleman from Michigan +for preaching a gospel of hate and vengeance, which had heretofore +well-nigh wrecked this glorious Government, which if persisted in, would +keep open the wounds and sores that under a more liberal and generous +spirit were fast healing. He indulged in more of this kind of +denunciation, and finally, in a supreme effort of indignation, consigned +the honorable gentleman from Michigan to ruined towers and castles and +crumbling walls, where he could be fanned by the damp and dismal wings +of bats, and listen to the hooting of owls, forever. Conger, who had not +resumed his seat, but stood calmly gazing at the honorable gentleman +from Virginia, exclaimed, with a piercing and ringing voice, "I hear +them—even now." This remark was received with roars of laughter, joined +in by Democrats as well as Republicans. Mr. Good tried to proceed; but +when he did so, someone would exclaim,<span class="pagenum"><a name="Page_117" id="Page_117">[117]</a></span> "The owls are hooting again," +and poor Good resumed his seat.</p> + +<p>I have noticed that some pungent remark, or sarcastic repartee is often +more effective than a set speech. All remember Butler's reply to +"Sunset" Cox, when the former was frequently interrupting him. With a +motion of his hand over his bald head, he exclaimed to Cox: "Shoo, Fly! +don't bother me." It was taken from one of the popular songs of the day. +It hurt Cox's prestige and lessened to some extent his power. Cox was +physically a small man, and the application carried with it an +expression of contempt. Holman, of Indiana, on account of his objections +to all bills making appropriations of money, got the name of being "the +watchdog of the Treasury." Towards the end of his term an amendment was +offered in which a near relative was much interested. The familiar "I +object" was not heard, and the amendment went through with his support; +whereupon a member sitting near exclaimed:</p> + +<p> +<span style="margin-left: 3em;">"'Tis sweet to hear the watchdog's honest bark</span><br /> +<span style="margin-left: 3em;">Bay deep-mouth'd welcome as we draw near home."</span><br /> +</p> + +<p>In a more recent case, a gentleman from Indiana, in his indignation +against a gentleman from Illinois, called the Illinois member "an ass." +This was unparliamentary language, and the Indiana gentleman had to +apologize and to withdraw the remark. The gentleman from Illinois arose +and said he did not know what was the matter with him that he should +always so excite the ire of the gentleman from Indiana; the gentleman +from Indiana replied: "If you will inquire of some veterinary surgeon, +he can probably tell what<span class="pagenum"><a name="Page_118" id="Page_118">[118]</a></span> is the matter with you." This was perfectly +parliamentary and a complete exterminator.</p> + +<p>Many people suppose Congress to be an assemblage of orators. This is a +great mistake. In point of ability its members are eminently +respectable, and many of them distinguished in their particular line of +business, profession or thought. Most of the set speeches are delivered +from manuscript. The matter is well considered and in most cases clearly +stated; but the delivery is often dull, listless and without animation. +This is particularly true of speeches founded on a dreary array of facts +and statistics. While the logic of such facts or figures may be very +convincing, yet in the hands of most men their presentation is very +uninteresting. Few men can present statistics in an interesting and +captivating manner. Garfield must be considered as pre-eminent among +that class of men. I have heard him make a speech of over an hour in +length on financial questions in which he not only presented a +formidable array of statistics, but held his auditors spell-bound to its +conclusion. It may be said of the orators of the House that though they +are great advocates, they are not constructive statesmen; they are +orators and nothing more; they are good to show the reason for a +provision and skillful in their defense of it from attack. Conkling, one +of the most brilliant speakers in the Senate, although a member of that +distinguished body for many years, is not the author of any beneficial +act of legislation. The career of such a man will be brilliant, but it +will be brief. It is the constructive statesman who succeeds in writing +his name permanently in the legislative history of his country. Most of +the legislation benefiting the people, or putting their rights on deeper +or broader foundations, has originated<span class="pagenum"><a name="Page_119" id="Page_119">[119]</a></span> with the silent workers in +either House of Congress.</p> + +<p>To show the listless and inanimate manner in which some speeches, truly +great in their logic and in their facts, are delivered in the House, let +me state an incident. A gentleman from New York, who came to Congress +with an established reputation as a public man, arose to address the +House on the necessity of a more liberal and reciprocal trade-treaty and +tariff, with the Dominion of Canada. In the expectation that he would +address the House on the evening that was set for general debate, the +House was full when he arose, and every eye was turned towards him. He +read his address from manuscript. His voice was indistinct and it lacked +in volume. After reading two or three pages from the manuscript before +him, he seemed to be unable readily to decipher it—it having been +reduced to writing by his clerk. He halted, stumbled and misread +portions of it, and then re-read it to correct his mistakes. The members +commenced quietly to leave their seats and to retire to the cloak-rooms. +As he was a member of the Committee on Commerce, and had shown me many +favors, I took a vacant seat near him. When the chairman announced that +his time had expired, I arose and moved the chairman for the extension +of his time for twenty minutes. The chairman said he heard no objection, +and he extended the time of the gentleman from New York for twenty +minutes more. While on my feet I looked around and saw there were not +over eight members in the House, that they were all engaged in writing +at their desks, and that the chairman was reading a newspaper. The next +morning the speech appeared in the Congressional<span class="pagenum"><a name="Page_120" id="Page_120">[120]</a></span> Record, and every one +spoke of it as a very fine argument in favor of the policy advocated by +him.</p> + +<p>My judicial career may be briefly stated. My district was the Third. It +was bounded on the south by the southern boundary of Pierce and Kitsap +Counties; on the east by the dividing ridge of the Cascade Mountains; on +the north by the northern line of the Territory, which was the +International boundary line; and on the west by the Pacific Ocean. I +held two terms of Court annually at Seattle, Port Townsend, and +Steilacoom. There was quite a volume of admiralty business. This was +attended to whenever it arose, in term-time and out of term-time, in +order to meet the convenience of suitors. No appeal was ever taken from +my decrees in this class of business. I made it a point to clear the +docket of all accumulated cases at each term. Homicides were quite +frequent in the district, and I rarely held a term of Court without +trying some person accused of murder in the first degree. There were +frequent convictions for manslaughter, and for murder in the second +degree, and sentences were imposed by me in accordance therewith. There +were four convictions for murder in the first degree, and three +executions. The facts and circumstances attending the fourth case +deserve a more extensive statement. Before I make such a statement let +me say, that while many appeals were taken from my judgments and rulings +in criminal cases, I had but two reversals charged against me in a +period of between six and seven years on the Territorial Bench. I hope +no one will detract by implication from the honor of that record, by the +insinuation that I was Chief Justice of the appellate tribunal for most +of that time.</p> + +<p>After the furor of "fifty four, Forty or Fight,"<span class="pagenum"><a name="Page_121" id="Page_121">[121]</a></span> had somewhat subsided, +the Treaty of Washington, entered into between the United States of +America and Great Britain, adopted and extended the line of division +between the Dominion of Canada and the United States along the 49th +degree of North Latitude to the waters of the Pacific Ocean, as the +northern land boundary of the United States; thence west by the +principal channel or waterway to the center of the Strait of Juan de +Fuca; thence along said center line to the Pacific Ocean. Now, it was +found that there were two principal channels or waterways from the 49th +degree to the Strait of Juan de Fuca. These waterways were the Canal de +Haro and the Rosario Straits. The Canal de Haro was the most western and +northern waterway; the Rosario Strait was the most eastern and southern +waterway. San Juan Island and other smaller islands were situated +between the two. If the Rosario Straits were adopted as the true line, +these intervening islands belonged to Great Britain; if, on the other +hand, the Canal de Haro was the true line, the islands belonged to the +United States. By agreement of the high-contracting parties, the German +Emperor was chosen as arbitrator to determine the location of the true +line mentioned in the Treaty.</p> + +<p>In 1859 an informal convention was entered into between the +high-contracting parties by which the laws and civil officers of both +nations were excluded from the territory in dispute; the islands in the +meantime were to remain in the joint military occupation of the two +nations. Hence, there was a British military post, and also an American +military post, on San Juan Island, fully garrisoned. This informal +understanding had not the dignity or force of a treaty, and was +therefore binding on the courts only as a matter of policy<span class="pagenum"><a name="Page_122" id="Page_122">[122]</a></span> and comity. +It was binding only in the court of honor. Such being the facts, a man +by the name of Charles Watts, an American citizen, foully murdered +another American citizen near the military post of the United States. +Watts was arrested by the Federal military authorities and held in +confinement. There was a good deal of feeling and excitement over the +matter. When I went to Port Townsend to hold Court, I issued a warrant, +directed to the United States Marshal, to arrest said Watts and to bring +him to Port Townsend for indictment and trial. He was readily delivered +by the United States military authorities to the United States Marshal, +and brought to Port Townsend. He was indicted by the grand jury for +murder in the first degree, and tried and convicted at that term. He was +sentenced by me to be hanged until he was dead. An appeal was taken from +the final judgment in the case to the Supreme Court of the Territory; +and, upon hearing, a majority of the Supreme Court, consisting of Judges +Greene and Kennedy, reversed the judgment on the ground that the Federal +side of the Court had no jurisdiction. To the general reader, it may be +well to state that the Territorial Court had all the jurisdiction of the +District and Circuit Courts of the United States, and such jurisdiction +constituted what was called, the Federal side of the Court. It also had +all the jurisdiction arising under the Territorial laws, and the common +law suited to the conditions; and this constituted the Territorial side. +Watts was indicted and tried on the Federal side of the Court, and the +Supreme Court held that he ought to have been indicted and tried on the +Territorial side of the Court—hence the reversal. I delivered a +dissenting opinion which, as the case assumed a national importance, I +give in full:</p> +<p> </p> + +<p class="center"><span class="big">OPINION.</span><span class="pagenum"><a name="Page_123" id="Page_123">[123]</a></span></p> + +<p class="blockquot">"As I cannot assent to the conclusion reached by the majority +of the Court in this case, I will state as briefly as possible +the conclusion of my own mind upon the question of jurisdiction +involved in the case, with my reasons therefor.</p> + +<p class="blockquot">"I have come to the conclusion that the United States side of +the Court had jurisdiction, and for the following reasons:—</p> + +<p class="blockquot">"1. We all agree that the phrase 'sole and exclusive +jurisdiction,' as used in the Crime Act of A. D. 1790, 1 Stat. +113, has no reference to a claim of jurisdiction made by any +foreign power, but to State and Federal jurisdiction, or, as we +are situated, to Federal, as contra-distinguished from +Territorial jurisdiction. We also agree that it is the duty of +the judiciary to extend the jurisdiction of the laws of the +United States as far as the political department of the +government extends the territorial area.</p> + +<p class="blockquot">"2. In my judgment it is the duty of the courts to construe all +such conventions as that entered into between the government of +the United States and Great Britain, with reference to the +Island of San Juan, so as to avert the evil apprehended, and +sought to be prevented.</p> + +<p class="blockquot">"When the convention was entered into there was imminent danger +of a conflict of arms. That danger arose from two causes—the +action of the military commanders of this department and the +enforcement of the laws of Washington Territory over the +disputed domain. The first danger was removed by a change of +commanders. The second, by the exclusion of the laws of the +Territory, and that exclusion has been enforced<span class="pagenum"><a name="Page_124" id="Page_124">[124]</a></span> by the +military power of the government ever since.</p> + +<p class="blockquot">"3. Was it the intention then of the high-contracting parties, +to exclude all law from San Juan Island, and to make it a +secure asylum for thieves and murderers? I think not. Possibly +there might be some ground for the recognition of the +distinction between acts <i>malum in se</i> and <i>malum prohibitum</i>, +acts which under every law, human and divine, are criminal, and +those acts which are only criminal by virtue of some positive +statute making them such. I infer that two civilized nations +would not directly or indirectly, concur to create any such +asylum.</p> + +<p class="blockquot">"It was the design, then, that some laws should exist and be +enforced on that island. That it was the design of the +government to exclude the laws of the Territory is manifest by +the proceedings of the convention and the action of the +government from the date of the convention down to the present +time. It was so understood by the military department; +acquiesced in by the other departments of the government, and +recognized as a fact by the courts of the Territory, and by the +legislature, as is evidenced by the release of the county of +Whatcom, within whose limits the island was included by a prior +act of the legislature, from the payment of all costs for the +prosecution of persons committing crime on said island.</p> + +<p class="blockquot">"Whatever jurisdiction might have been claimed by the Territory +prior to the last-cited act, was virtually abandoned by it.</p> + +<p class="blockquot">"The exclusion of the territorial laws since the date of the +convention has been open, manifest, and palpable, and I believe +rightful. Then, if I am correct in my conclusions, no other +laws were in force on the<span class="pagenum"><a name="Page_125" id="Page_125">[125]</a></span> island for the punishment of persons +guilty of murder (not connected with the military), but the +laws of the United States. In fact, it would follow as a +logical sequence, that if the territorial laws were excluded it +would be a place 'under the sole and exclusive jurisdiction of +the United States,' hence, the laws of the United States would +be operative there.</p> + +<p class="blockquot">"I can see many cogent reasons why it was desirable to exclude +territorial laws and territorial officials from the island. The +territorial legislature represented but a small fraction of the +American people and was far removed from the power which was +responsible for a state of peace or war, and before measures +could be disapproved by Congress a conflict might be +precipitated. Territorial officers were not responsible, +directly at least, to the supreme power. It had no control over +their official conduct. All will agree that such control ought +to be directly with the responsible power. That could only +exist legitimately, but by the exclusion of the local +jurisdiction and the operation of the national jurisdiction, +modified by express convention or necessary implication.</p> + +<p class="blockquot">"It might be very competent and very proper in the +accomplishment of the object in view, for the treaty-making +power to suspend the operations of all laws for the punishment +of offenders save in the cases where the acts were crimes, by +the universal judgment of mankind. The power to suspend or +modify must exist somewhere, or in the case of disputed +jurisdiction, there could be no treaty or conventions.</p> + +<p class="blockquot">"All such conventions are founded on the mutual concessions of +the high contracting parties. After the convention has been +signed, the supreme power in our government, in order to secure +its honest and faithful<span class="pagenum"><a name="Page_126" id="Page_126">[126]</a></span> execution, took possession of the +disputed Territory, segregated from its former local +jurisdiction, and administers, modifies, or suspends its own +laws by its own military or judicial agents. The supreme power +acts through its own functions and not through that of an +inferior jurisdiction. It administers its own laws so far as +such administration is not in conflict with the convention. Its +power is ample and it need not borrow from the inferior +jurisdiction.</p> + +<p class="blockquot">"It can not be argued successfully that because San Juan Island +is within the limits of Washington Territory, that, therefore, +it can only be subject to its laws. Puget Sound, Admiralty +Inlet, and one-half of the Straits of Fuca are within the +territorial boundaries, but still many of the criminal laws of +the United States extend over them. Neither can the joint +possession of the United States and Great Britain effect the +question.</p> + +<p class="blockquot">"The high seas are in the joint possession of all the nations, +and yet every nation punishes its own subjects for crimes +committed there. Watts is an American citizen, and the victim +of his violence was also.</p> + +<p class="blockquot">"4. I am unable to convince myself that, if one general law of +the Territory went to that Island, but what all general laws +went there. That they were not and are not permitted to go +there is a fact too palpable for argument. The alternative then +is presented, either that their exclusion by force has been +rightful, or that the military department has been guilty of a +gross usurpation.</p> + +<p class="blockquot">"The latter branch of the alternative ought not to be received +without the clearest and most indubitable proof of its +correctness. I am not contending for the doctrine that a +military order is absolutely conclusive<span class="pagenum"><a name="Page_127" id="Page_127">[127]</a></span> upon the courts, but +it is always entitled to respectful consideration and will be +presumed lawful until the contrary is shown. Especially, should +such be the case when the order emanates from the highest +functionary of the military department, and has been long +sanctioned, at least by the acquiescence of every other +department of government.</p> + +<p class="blockquot">"To have permitted all the laws of the territorial legislature +to have gone to the island would have resulted in the +nullification of the convention. It would in fact have given +the territorial legislature a veto on the treaty-making power +of the government. Could this convention have stood for a day +with the extension of the taxing power of this territory over +that island? Every one knows that it could not. If the +territorial jurisdiction extended there, it had the right to +tax the property of the inhabitants thereof for territorial and +other legitimate purposes. Taxes are not levied upon citizens, +only, but inhabitants, property-holders, residents within the +jurisdiction. The rightful exercise of such a power would have +been decisive of the controversy, or rather it would have been +exclusive of any rightful claim to controversy. Its attempted +exercise would have been resisted with all the power of Great +Britain. Reverse the circumstances and let British Columbia +attempt to extend its taxing power over that island, and our +government would resist the insult with all its military power.</p> + +<p class="blockquot">"On what principle could a part of the general laws of the +Territory go to that island, and a part not? It is of the very +essence of general laws, at least, that they should be uniform +and universal. If the territorial jurisdiction extended at all, +it is complete and<span class="pagenum"><a name="Page_128" id="Page_128">[128]</a></span> entire. It reaches all rightful subjects of +legislation, and is supreme within those limits.</p> + +<p class="blockquot">"For the above reasons, I am of the opinion that Watts was +rightfully indicted under section 4 of the Crime Act of 1790, +which reads as follows: 'If a person or persons, within any +fort, arsenal, dockyard, magazine, or in any other place, or +district or country, under the sole and exclusive jurisdiction +of the United States, commit the crime of wilful murder, such +person or persons, on being thereof convicted, shall suffer +death.'</p> + +<p class="blockquot">"But if there is a doubt as to whether San Juan Island was +within the Third Judicial District or not, then the last clause +of section 28 of the Crime Act of 1790 would apply, for Watts +was first brought into the Third Judicial District and +delivered to the marshal of the Territory by the order of the +Secretary of War."</p> + +<p>Immediately after the reversal I called a special term of the Court at +Port Townsend, at which Watts was re-indicted on the Territorial side of +the Court, tried, and again convicted and sentenced to be hung. He again +appealed to the Supreme Court, but the judgment was affirmed; he then +sued out a writ of error to the Supreme Court of the United States, and +it was allowed, and it came up for hearing while I was Delegate from the +Territory. The Court was informed that Watts had escaped from jail and +was at large, and the Supreme Court refused to hear his writ of error. +He has never been recaptured.</p> + +<p>After all this had transpired, the German Emperor decided that the Canal +de Haro was the true boundary line under the Treaty. The British troops +were withdrawn from San Juan Island, and peace and friendship +prevailed.</p> + +<p><span class="pagenum"><a name="Page_129" id="Page_129">[129]</a></span>While I have always been in favor of liberty regulated by law, and have +believed that order and security were the sure resultants of law's +vigorous enforcement, yet there may be times and conditions, in frontier +communities, when the suspension of the general rule, like the +suspension of the great writ of Habeas Corpus, may be justified in the +forum of reason and morals. Especially, is this true when the furore of +the populace is not based on race, or class prejudice, or the frenzy of +religion, or party madness; but has only for its ultimate, the security +of person, property and habitation.</p> + +<p>Hold-ups on the streets, with pistol accompaniments, were frequent in +the City of Seattle; burglaries were the regular order of business; no +man was safe in the streets after nightfall; in fact, fear had become so +intensified that in the visitation of one neighbor to another's house +after dark, the visitant, after proper precautions, was received with +pistol in hand. Such were the conditions, I am sorry to say, existing in +the embryo city of Seattle in January, 1882, and such had been the +conditions for several months previous to that time. The town was full +of thugs and criminals. Such a situation was intolerable. During its +continuance one George Reynolds, a young and popular business man, was +shot down in cold blood, between seven and eight o'clock in the evening, +while going down Marion Street to his place of business on Front Street, +now First Avenue. He was held up by two ruffians between what are now +called Third, and Fourth Avenues. His money and his other valuables were +demanded by them, and upon his refusal to deliver up, he was +assassinated.</p> + +<p>I have never been a believer in Divine interposition or impulsions, but +I must confess that on that fatal<span class="pagenum"><a name="Page_130" id="Page_130">[130]</a></span> evening, and on a few other occasions +my rationalism was somewhat shaken. My usual route from my residence on +Fourth Avenue to my office on James Street was down Marion Street. On +that evening, arriving at Marion Street, under the influence of some +occult force, or power, I stopped, looked down Marion Street, and saw +the assassins of George Reynolds standing near the west end of the block +and leaning against the wall of the Stacy premises. Impelled by this +mysterious force, I involuntarily went on to Columbia Street, and, when +nearly opposite on the block to the south, heard the report of the shot +that ended the life of Reynolds. Soon after I arrived at my office, I +was informed that Reynolds had been shot and that he was dying; that +many citizens were assembling at the engine-house, and that my +attendance was requested. I accompanied my informant to the engine-house +and found there assembled from seventy to a hundred men, greatly excited +and determined. We quickly formed ourselves into a Committee of Ways and +Means, and resolved to spare no expense, nor to omit any means for the +apprehension and punishment of the guilty parties. I was elected +Chairman of that meeting. We also immediately sent out twenty-five armed +men to patrol the streets leading out of town, and to guard, in boats, +the water front. We soon after added to the patrol twenty-five more men; +soon after, fifty more; and within an hour-and-one-half after the firing +of the fatal shot, we had at least one hundred armed men, and detectives +in the field, besides the active, vigilant, willing and intelligent +regular police-force of the town. In addition, a select committee, +headed by the Honorable William H. White, was appointed to investigate +the circumstances of the shooting, and to ascertain, as nearly as<span class="pagenum"><a name="Page_131" id="Page_131">[131]</a></span> +possible, the facts and circumstances identifying the guilty parties. I +remained in the engine-house until after one o'clock, listening to the +reports, made by patrolmen concerning suspicious characters, which were +summarily examined and in most cases were dismissed as unfounded; but in +a few cases the order was made to keep these suspects under strict +surveillance, awaiting further developments. Between one and two o'clock +a. m. the report came in that the guilty parties had been arrested, +delivered to the sheriff and by him locked up in the County jail. They +had been found concealed under bales of hay on Harrington's wharf. One +had in his possession a pistol, but recently discharged. There were two +of them. The news of their capture spread like wildfire. The patrolmen +and other citizens came rushing in to the engine-house; and when the +captors gave an account of their success, they were angrily asked, why +they had delivered them to the sheriff, and why they had not brought +them to the engine-house? The question was ominous. They were told that +the captives were in the proper custody; and they were asked what they +wanted the captives brought to the engine-house for? The reply was, that +they wanted to look at them. This was still more ominous. I saw that so +firm was the conviction that the parties arrested and in the rightful +custody of the sheriff, were the guilty parties, that if the populace +could get hold of them they would be strung up, without examination or +trial. To this threatened act I was opposed, and I left the meeting and +went down to my office. The light was still burning in the front room; I +extinguished it, and, leaving the front door unlocked, went to the rear +or consultation-room, locked the door and sat in a chair to meditate in +the darkness on the situation,<span class="pagenum"><a name="Page_132" id="Page_132">[132]</a></span> or condition of affairs. I had not been +there long before two persons whom I recognized by their voices came +into the front room and called me by name. I did not answer. They then +came to the door of the consultation-room, rapped on the door, called me +by my name and gave their own names. I finally admitted them. They told +me that they had just left the crowd at the engine-house, and that the +determination was fast approaching unity, and, if its culmination was +not prevented, the captured men would be taken out of the jail and hung +that night. They thought that I might prevent such an unnecessary and +unwarranted ending of our grand and successful work. Knowing that the +sheriff was a man of nerve and courage, and fearless in the discharge of +his official duty I dreaded the result of such an undertaking, and I +finally consented to go.</p> + +<p>Upon arriving at the engine-house I found it filled by an excited yet +joyous crowd. I made my way through this crowd to the rear of the large +assembly-room, and while working my way through, received something of +an ovation. While yet standing, someone said: "Judge, we thought you had +thrown off on us." "Never," I replied. "But to illustrate my position," +I said, "let me tell a story: Three negroes, passionately fond of +hunting, and whose ambition in that regard was not fully satisfied by +the capture of deer, turkey and quail in their native State, decided on +a hunting-trip in the Rocky Mountains, to add the capture of larger and +more dangerous game to their trophies. Being fully equipped, they bought +tickets for a recommended point in the mountains. Arriving there, they +left the train and went up into the dark woods, the sunless canyon, the +silent coves and snow-crowned<span class="pagenum"><a name="Page_133" id="Page_133">[133]</a></span> mountains, where the denizens of the wild +were supposed to dwell. On the second day of their camping-trip, they +came upon a large grizzly bear in a mountain cove. They fired at the +grizzly and wounded him. Then the scene changed, and the bear commenced +to hunt them fiercely. Two of them succeeded in climbing trees, but were +unable to take their guns up with them. Sam, the other, was pushed so +closely that he was unable to tree. He ran in a circle, with the bear in +close and hot pursuit. His companions, safely perched in their tree, +halloed to him to run. 'Sam, for God's sake, run.' One of the companions +slipped down from the tree and, as Sam and the bear approached him, made +a successful shot and finished the race so far as bruin was concerned. +Sam, as soon as he could get his breath, says: 'What did you niggers +mean by crying out to me, run Sam, for God's sake, run? did you suppose +I was such an enormous fool as to throw off on that race?'" I told two +more of the most ludicrous and laughable stories that I could think of; +the object being manifest: I wanted time for the sober second thought to +assert itself. I continued somewhat thus: "Are you afraid that the +sheriff will send away the prisoners tonight, or that they will escape? +If so, that can be prevented by sending twenty-five or fifty, or if you +please, one hundred men, to keep watch and guard until nine o'clock +tomorrow morning, when the justice has promised me to hold a public +examination of the prisoners in the Pavilion, where all may come and see +them and hear the examination." The Honorable William H. White, who was +present, made a clear, earnest and forcible speech in favor of the +proposition, and it was carried by a good majority.</p> + +<p>The Pavilion was on the Southeast corner of Front<span class="pagenum"><a name="Page_134" id="Page_134">[134]</a></span> and Cherry Streets. +It was used as a church, as a Court House, as a theater, and for all +public meetings. It was over a hundred feet in length and about thirty +feet in width. Its entrance was from Front Street.</p> + +<p>At the appointed time Justice Samuel Coombs was in his seat and the +prisoners were present. They both pleaded not guilty. Honorable William +H. White and myself acted as prosecuting attorneys. A Mr. Holcomb, a +lawyer of good standing and ability, appeared for the prisoners and +sharply cross-examined the witnesses sworn on the part of the Territory. +The Pavilion was full of spectators, among them was his Honor Roger S. +Greene, the then Chief Justice of the Territory. When the evidence was +all in, the Territory waived its opening, but the prisoners' counsel +made a brief argument in their behalf. The Territory waived its right to +reply. During the progress of the examination, the windows in the rear +of the Pavilion had been quietly removed.</p> + +<p>The Justice, after a few moments of reflection, declared that the +evidence of the prisoners' guilt was clear and convincing beyond a +reasonable doubt, and the order of the Court was, that they be held for +trial without bail. When the Justice had ceased speaking, someone—I +have never learned who it was—slapped his hands together three or four +times; and that immense audience rushed with one accord to the open +windows in the rear, taking the prisoners along with them. Judge Greene, +at first, seemed dazed by this sudden rush, but in a short time he +started to follow the crowd. A man standing near seized him as he +attempted to go, pulled down the theater curtain, threw it over the +Judge's head, and securely held him until the crowd was nearly all out +of the building, whereupon<span class="pagenum"><a name="Page_135" id="Page_135">[135]</a></span> James McNaught quietly said: "Let him go." +The Judge quickly rushed out of the building and down the alley to where +the hanging was taking place. He seized one of the ropes and attempted +to cut it, but he was soon hustled out of the crowd. Governor Elisha P. +Ferry then advised him, as he could do nothing, to go home. This he did. +The man who had thrown the theater-curtain over the Judge's head was +asked why he did so; his answer was, that Justice ought to be blind, on +such an occasion especially.</p> + +<p>There were on the north side of James Street two large-sized maple shade +trees standing eight or ten feet apart. It was in these trees that a +strong scantling had been placed, to which the prisoners were hung. As +soon as the two men had been swung up, someone in the crowd cried out: +"Our work is not yet completed; let us hang the murderer of old man +Sires to the same scantling." The idea was immediately seconded, and +about one-half of the crowd went up to the County jail, broke down its +doors, took the murderer who was awaiting his trial, put a rope about +his neck and quickly returned with him to the fatal scantling. The rope +was thrown over it, and he was swung into eternity.</p> + +<p>I left the Pavilion soon after the crowd had retired, and walked slowly +down to James Street. I arrived there just as the crowd was running down +the hill with the murderer of Sires. A gentleman rushed up to me as I +was slowly walking across James Street and said: "Judge, how do you feel +about this proceeding?" I answered: "As a member of Judge Greene's +Court, I feel terribly indignant; but as a private citizen, I think that +I will recover."</p> + +<p>Sires, who had been killed about a month before by<span class="pagenum"><a name="Page_136" id="Page_136">[136]</a></span> a ruffian of the +name of Payne, was an aged pioneer. His life for many years had been a +rough one, and slightly bordering on toughness; but he had reformed and +joined the church; and as he was a man of good ability, he occasionally +preached. Confidence in his sincerity and genuine reform was general. He +was poor, and, to aid in his support, he was given the office of +policeman. While in the discharge of his duties as such, he was shot +down by Payne. There was no doubt of Payne's guilt.</p> + +<p>A coronor's jury on the hanging was summoned. Of this body I was a +member and its foreman. We examined, I think, twelve witnesses. They all +testified that John Doe and Richard Roe and Payne came to their death by +hanging. Who were present, aiding, or abetting, or counselling, or +advising, or actually doing the said hanging, or in any manner +participating in the same, they all swore that they did not know. +Finding that other and further investigation would be futile, we ceased +taking testimony and joined in a verdict embodying what has been stated, +with the addition that while we regretted the mode of their taking-off, +yet we were certain in the death of the prisoners that the Territory had +lost no desirable citizens, and Heaven had gained no subjects.</p> + +<p>Court convened in a few days and Judge Greene gave the grand jury a +well-prepared, able and elaborate charge, stating that everyone who +participated in, or counselled, or advised, or actually performed the +acts resulting in the death of these three men was at least guilty of +manslaughter. He earnestly urged the grand jury to fearlessly +investigate the matter, and if they were convinced that any person +participated in the hanging of the three persons in any way spoken<span class="pagenum"><a name="Page_137" id="Page_137">[137]</a></span> of +by him, they ought to find indictments accordingly. Everybody honored +the Judge for the faithful, fearless and full discharge of his duty in +the matter; but his brave charge resulted in nothing. Thus ended the +second, most tragic event in the history of the City of Seattle.</p> + +<p>Whatever we may think of the mode of the taking-off of these three men, +everyone admits that the result was beneficial. Security in person, +property and habitation was again enjoyed. The criminal classes silently +left the town, and peace and order reigned.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_138" id="Page_138">[138]</a></span></p> +<p class="center"><span class="huge">Chinese Riots</span></p> +<p> </p> + +<p>The next tragic chapter in the history of Seattle occured in the winter +of 1886, and is known as the Chinese Riots. It is not my purpose to give +a detailed statement of either the cause or the facts attending them. +They had no substantial cause. They sprang from race prejudice and +political madness. There had been no actual or threatened invasion by +the Chinamen, of the rights of persons, or of property, or of personal +security. In fact, the Chinamen were a quiet and peaceable folk, engaged +in the more humble occupations of life. They did not interfere in +politics, or in the social or civic concerns of society. In numbers they +were a small body as compared with the dominant race. In these +circumstances it was resolved by quite a large but irresponsible faction +that the Chinese must go; and a notice was served upon them fixing the +time of their required departure. They paid no attention to it, but +continued in their peaceful avocations. At the appointed time, a large +committee—headed, I am sorry to say, by two lawyers who were backed up +by promise of support of their fellow conspirators—went to the Chinese +quarters, and, with threat of the use of force if they did not obey, +compelled them to pack up their portable effects and to go to a +designated wharf where they could go aboard of a steamer bound for San +Francisco. There was a strong line of assistants to speed their progress +to the wharf, and to guard them after their arrival there. Many thus, +were deported.<span class="pagenum"><a name="Page_139" id="Page_139">[139]</a></span> The Courts soon interfered. Writs of Habeas Corpus were +granted to the Chinamen, and, no cause for their restraint appearing, +they were discharged. His Excellency, Governor Watson C. Squire, being +in town, ordered out the Militia, which under the command of the bold +and fearless Col. J. C. Haines, who was ably assisted by General E. M. +Carr and others, did effective work. The <i>posse comitatus</i> was also +summoned, and it quickly responded. In the afternoon of that fatal day a +conflict occurred between the opposing forces near the Old New England +Hotel; shots were fired by both parties, and two of the rioters were +seriously wounded. The flow of blood seemed to have a cooling effect on +the rioters, and they slowly departed for their homes, disappointed, +defeated in their purpose, and with smothered feelings of vengeance.</p> + +<p>The Governor, wisely considering the actual and threatened danger +existing, proclaimed martial law, suspended the writ of Habeas Corpus +until further orders, and by telegraph requested the President of the +United States to send a Federal military force adequate to preserve +order, to vindicate the supremacy of the treaties of the United States +and the honor of the Government. That military force soon appeared under +the command of General Gibbons, and for two weeks or more the town was +under martial law. Peace and order having been restored, and the sober +second thought having asserted its dominion, the troops were withdrawn +and all was well. Thus ended the third chapter of tragedy in the history +of the town (now City) of Seattle.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_140" id="Page_140">[140]</a></span></p> +<p class="center"><span class="huge">Battle at Seattle</span></p> +<p> </p> + + +<p>After my arrival in Seattle in the summer of 1869, I became much +interested in Seattle's local history. I had known and read of the +Indian war of 1855-6, and of the attack on the town of Seattle by the +Indians on January 16th, 1856, in which two white men were killed; but +of the details of that attack, and of the ensuing battle, I knew +nothing. I wrote to Lieutenant Phelps, who was an officer on the warship +"Decatur" at the time, and who had written and published an account of +the battle, to send me his pamphlet containing such descriptive account, +and he promptly and courteously complied with my request. In addition to +that official statement, I obtained from many of the leading residents +at the time further details, facts and information hereinafter stated.</p> + +<p>I ought possibly to state that at the request of Hillory Butler, a dear +friend and pioneer, who was present and participated in the fight, I +wrote his biography, from which the following is taken. Further to +understand the situation, it ought to be remembered that the side-hill +fronting the bay from the east line of Second Street (now Avenue) +eastward was a dense copse of fern and brush, logs and tree tops, as +well as standing timber to the top of the ridge and beyond, affording an +excellent cover, or ambuscade for the Indians.</p> + +<p class="blockquot">"In the fall of 1855 the Indian tribes east of the mountains +became hostile. A small force under Major<span class="pagenum"><a name="Page_141" id="Page_141">[141]</a></span> Haller was sent into +the Yakima country to reduce the hostiles to subjection. This +force was defeated and driven back to The Dalles. This but +aggravated the discontent of the Indians and well-nigh +precipitated a general uprising. A feeling of dread and +insecurity among the settlers was everywhere present. As +precautionary measures, block-houses were built and stockades +constructed, in many cases none too soon. A block-house was +built in Seattle near where the Boyd building now stands. +Hostile emisseries were known to be at work among the Puget +Sound tribes. Some of the tribes were known to be wavering in +their allegiance to the whites and many individuals of all these +tribes had joined the ranks of the hostiles. The people of +Seattle, however, felt quite secure for the 'Decatur,' a +thirty-gun United States war-ship, under the command of Capt. +Gansworth, lay at anchor in the harbor. Her crew consisted of +150 men. There was aboard of her also a company of marines, +under the immediate command of Lieut. Morris. Notwithstanding +all this, the evidence of an impending attack, became from day +to day more convincing to those who calmly studied the +situation, and had an accurate knowledge of the Indian +character. They were, however, the few; the large majority were +unbelievers, and the block-house was tenantless. On the morning +of the 7th day of February, 1856, friendly Indians brought the +dire intelligence that the town was entirely surrounded with a +force of from five to eight hundred hostile Indians, under the +command of Leschi, and other hostile chiefs. Even then, no other +attention was paid to this startling information than the +sending word to the commander of the 'Decatur.' He, however, +immediately acted on the information and sent Lieut. Morris, +with the<span class="pagenum"><a name="Page_142" id="Page_142">[142]</a></span> company of marines and one of the ship's guns, to the +shore. They landed on the point a short distance south of where +the New England Hotel now stands. It was about seven o'clock in +the morning. Not an Indian was to be seen. All work had ceased. +Silence reigned supreme. Men, women and children quietly went to +the block-house, or stood in the door-way, or beside their +cabins, watching the movement of the soldiers. Lieut. Morris +loaded his cannon with a shell and directed aim to be taken at +an abandoned cabin, situate on the point a short distance beyond +where the gas works now are. The aim was accurate. The shell +struck the cabin, exploded, and demolished it. That shot of +defiance was immediately answered by the Indians, by a volley +from, three to five hundred rifles. Then followed a general +stampede of men, women and children for the block-house or the +friendly protection of the shore bank—and had it not been for +the fact, that the rifles in the hands of the Indians had been +generally emptied by the first volley, many of the inhabitants +would have fallen on their way to the sheltering bank or +block-house. The Indians were here, and skepticism was at an +end. The smoke from the rifles indicated clearly that the front +line held by the Indians extended along where Third Street or +Avenue now is until Marion Street was past, where it curved +towards the bay. It was a complete semi-circle, and every part +of the then town was within easy rifle range, from said line.</p> + +<p class="blockquot">"The 'Decatur' opened with solid shot and shells—alternating +with canister and grape. All day long the roar of the Decatur's +cannon continued. The ground beyond Third Street was torn up by +exploding shells—huge logs and trees were splintered by solid<span class="pagenum"><a name="Page_143" id="Page_143">[143]</a></span> +shot—and seemingly every space covered by showers of grape and +canister, but still Leschi's warriors held their lines. They +kept up a desultory firing all day and continued the same until +about midnight, when they withdrew as noiselessly as they came. +Three whites were killed during the day—Young Holgate was +struck by a bullet between the eyes, while he was standing in +the block-house door, and was instantly killed. The others were +killed in the attempt to go, or return from their cabins. Every +house was struck by Indian bullets. Strange to say, no one was +hit by the first general volley fired by the Indians. How many +Indians, if any were killed or wounded, during the fight, has +never been known.</p> + +<p class="blockquot">"When the first gun was fired Mr. Butler and his wife were just +sitting down to breakfast. They both jumped from the table and +went to the door. The bullets from the answering volley struck +all around them. Mrs. Butler hastened to the block-house and +safely reached it. Butler gathered up a few valuables and +followed in a short time. He, however, sought the friendly +protection of logs and stumps, for the Indian rifles were now +reloaded and the closeness of the whizzing bullets indicated +that the Indians were watching his stealthy flight. He returned +to his house in the same manner during the day for some portable +valuables. While there, he went up stairs, but the bullets were +rattling around in a manner a little too spiteful and plentiful, +and he did not stay long. Those of the men who had rifles, took +positions behind some protecting log or friendly stump, and +fired at the spot where the puff of a rifle indicated an Indian +warrior concealed. Whether these shots were effective or not, is +unknown—they often caused a cessation of firing<span class="pagenum"><a name="Page_144" id="Page_144">[144]</a></span> from that +ambuscade. As full of terror as were the events of that February +day, the duration of its effect on the minds of the pioneer +settlers of the embryo city was but brief. It was but a +thrilling passage in the unwritten history of pioneer life. +After the roar of the Decatur's cannon and the sharp crack of +the rifle had ceased, all returned to cabins and homes, and +soundly slept and sweetly dreamed of the good time coming. Such +is pioneer life, and such the mental conditions, and characters +it begets. Still we cannot disguise the fact that had it not +been for the presence of the war-ship Decatur, with her +complement of guns and fighting men, the town would have been +plundered and burned, and its inhabitants would have perished in +a terrible massacre.</p> + +<p class="blockquot">"During that fated morning Chief Seattle with many of his tribe +lay under the cover of the friendly shore-banks, silent and +stolid spectators of the raging battle. During a lull in the +firing, he, to the astonishment of all, leaped upon the bank and +with arms flying, and voice roaring defiance, commenced a +bending, bounding and contortion war-dance of the most +intensified order. The hostiles quickly got the range, but as +soon as the bullets commenced to sing around him in dangerous +proximity, Seattle's feet flashed in air as he made a headlong +plunge down the bank. Seattle's war-dance was over, and he +attempted no repetition of the performance on that gloomy day. +Many who witnessed this strange performance supposed that the +old chieftain had received a mortal shot, but he had escaped +without a scratch.</p> + +<p class="blockquot">"The Indians, in giving an account afterwards, of the firing +from the ship, said that they were not afraid<span class="pagenum"><a name="Page_145" id="Page_145">[145]</a></span> of the solid shot +and grape and canister, but the guns that 'poohed' (or shot) +twice were a mystery and terror to them. This was their +description of the firing and explosion of shells.</p> + +<p class="blockquot">"This was in harmony with the idea of the Indians on the plains +in their first intercourse with the immigrants. The first +immigrants' trains had with them mountain howitzers mounted on +strong gun carriages. The Indians spoke of the Bostons as a +tribe of men who could shoot their wagons at them.</p> + +<p class="blockquot">"A kindred idea was entertained by the Mexicans, of the +Spaniards when Cortez first invaded Mexico. The Mexican had no +written, but a pictorial language. The Spaniard on his horse was +pictured as one animal with two heads, four legs and two arms. +This was the description which the correspondents of those days +first sent to the Halls of Montezuma for the inspection of an +affrighted monarch.</p> + +<p class="blockquot">"We have already stated that during the battle a large number of +shells fell upon the benches between Third Street and the bluff +beyond. Most of them exploded when they struck the ground, or a +log, or a tree. Some of them, however, did not, but buried +themselves in the earth or under the roots of huge trees, +retaining all their latent forces. It is said that our friend +Dextor Horton on one of his tours of inspection of the +improvements going on in his loved city one chilly day, passed +by the lots on which Mr. Colman's fine residence now stands. +Noticing a crater of fire burning in the center of a mammoth +cedar stump, he drew near to it to enjoy the genial heat. As is +always characteristic of man, he turned his back to the fire, +parted his coat tails, and was comfortable. As the<span class="pagenum"><a name="Page_146" id="Page_146">[146]</a></span> day, +although cold, was clear and the bright waters of the Sound were +before him—the dark forests beyond and still beyond, the +Olympic Range with its ragged ridges then snow-crowned—as he +was drinking in this scene of beauty and grandeur, lo! a +terrific explosion occurred. Impelled by the impetus of the +explosion he made a quick start and very fast time, for a short +distance. Convinced, however, that the shooting was over, he +stopped and turned to see what had happened. The stump was gone, +the fire extinguished, and he left with the mournful remark, +that he had no idea the durn stump was loaded."</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_147" id="Page_147">[147]</a></span></p> +<p class="center"><span class="huge">My Religious Belief</span></p> +<p> </p> + + +<p>I believe in that system of religion which produces, in its practical +operation, the best man and the best woman, the best husbands and the +best wives, the best fathers and the best mothers, the most affectionate +and obedient children, and the more honest and patriotic citizens and +public functionaries. I care not what you may call it; by its fruit or +practical results it should be judged. This is the Bible rule, and it is +eminently practical and just.</p> + +<p>I further believe in the existence of an allwise Creator of all +things—the Supreme Ruler of the Universe. I do not believe in him as a +Supreme Ruler located at some distant point in an immense Universe, but +as an omnipresent God.</p> + +<p>I believe in the immortality of man—not of his physical nature, but of +that divine emanation breathed into the nostrils of man by his Creater +that made him a living soul. It was an emanation from God and cannot +die.</p> + +<p>I do not intend to state more than one reason among many for my belief +in the existence of God; but the immortality of man, founded on reason, +outside of the Scriptural declarations, I shall present more +elaborately.</p> + +<p>When I take a survey of the Universe and find all things running in the +rhythm of order and harmony, I ask myself the question: What is it that +produces this universal order and harmony? No answer can be given<span class="pagenum"><a name="Page_148" id="Page_148">[148]</a></span> other +than that it is the result of law. Now, we can have no more conception +of law outside of a lawmaker, than we can have of an agent without a +principal or an agency. Law and lawmaker, as well as agent and +principal, are inseparably interlocked. The one cannot exist without the +other. Therefore since we must admit the existence of law, the existence +of a lawmaker is a necessary logical sequence: that lawmaker, is God. As +to the immortality of the soul, I offer the following reason, founded +principally on grounds outside of the Bible's declaration of the fact.</p> + +<p>Ever since the poetic Job uttered the profound question, "If a man die +shall he live again?" the inquiry has been ringing down the pathway of +time with increasing interest. Man's immortality is usually proven by +the declarations of the Bible, which are supposed to reveal it as an +ultimate truth. The immortality of the soul is susceptable not of +demonstration, but of reasonable proof by reason itself. If we concede +the existence of God with the attributes usually ascribable to such a +being, and which He must necessarily possess in order to be God, such as +infinite wisdom, goodness and Almighty power, and if we concede further +that He is the Creator of man, man's immortality results as a logical +sequence from such concessions. The desire of immortality, if not +universal among all conditions of men, at least approaches universality. +This universal desire may be called an innate property, or attribute of +man's moral constitution implanted in him by his Creator. It can not be +true that a being with the attributes which we ascribe to God, could +create man with such a desire, to tantalize him through life, and to +disappoint him in death. Consider the fact that nowhere in nature, from<span class="pagenum"><a name="Page_149" id="Page_149">[149]</a></span> +the highest to the lowest, was an instinct, an impulse, a desire +implanted, but that ultimately were found the conditions and +opportunities for its fullest realization. Consider the wild fowl that, +moved by some mysterious impulse, start on their prodigious migrations +from the frozen fens of the Pole and reach at last the shining South and +summer seas; the fish that from tropic gulfs seek their spawning-grounds +in the cool, bright rivers of the North; the bees that find in the +garniture of fields and forests the treasure with which they store their +cells; and even the wolf, the lion, and the tiger that are provided with +their prey. Look in this connection to the brevity of life; its +incompleteness; its aimless, random, and fragmentary carreers; +tragedies; its injustices; its sorrows and separations. Then consider +the insatiable hunger for knowledge; the efforts of the unconquerable +mind to penetrate the mysteries of the future; its capacity to +comprehend infinity and eternity; its desire for the companionship of +the departed; its unquenchable aspirations for immortality—and let me +ask: "Why should God keep faith with the beast, the bee, the fish, and +the fowl, and cheat only man?" But the logical sequence from the +concessions mentioned above is not the argument in proof of man's +immortality which I desire to present.</p> + +<p>The account of the creation of man as given in the Bible is remarkable +for its statement of the distinguishing difference between man and the +rest of creation. When man was created, God breathed into his nostrils +the breath of life, and man became a living soul. He created the beasts +of the field, the fowls of the air, the fishes in the sea and the +creeping things on the earth, but none of these became living souls. +This language, whether inspired or not, states the difference which<span class="pagenum"><a name="Page_150" id="Page_150">[150]</a></span> now +exists and which has ever existed between man and the other created +things. What do we understand by soul? By soul is meant the power to +think, to reflect, and to judge of the moral quality of actions and +thoughts. Let me take the sceptic's standard of what we should believe, +and what we should not believe; that is, we ought not to believe that of +which we have no evidence, and for which we can give no satisfactory +reason. I proceed by a process of elimination, as will be readily seen. +My first proposition, interrogatively stated, is this. Is the power to +think and reflect and to judge of the moral quality of thoughts and +actions, a property of matter or not? If it is a property of matter, +then the sands and rocks and the earth think and reflect and judge of +the moral quality of actions and thoughts; but we have no reason to +believe that sand, or rock, or earth thinks, or that either possesses +the ability to judge of the moral quality of actions or thoughts; hence +we ought not to believe it. Thus we see that the general proposition is +not true, and ought not to be believed.</p> + +<p>Secondly—Is thought and the power to judge of the moral qualities of +thoughts and actions a property of organized matter? The grass and +shrubs and trees are organized matter; but we have no reason to believe, +and no evidence upon which such a belief can be founded, that the grass, +or trees, or shrubs think, or possess any power to judge of the moral +quality of things; therefore, according to the standard which we have +adopted, we ought not to believe it; hence the more limited proposition +is not true.</p> + +<p>Thirdly—Is the power to think, to reflect and to judge of the moral +quality of actions and thoughts a property of animal organization? If it +be, clams and<span class="pagenum"><a name="Page_151" id="Page_151">[151]</a></span> oysters as animal organizations think; possess the power +to reflect and to judge of the moral quality of thoughts and actions, +but we have no evidence that they possess any of these powers, and +consequently we ought not to believe it.</p> + +<p>Fourthly—Are the powers we have been considering essential to the +existence of soul-life, possessed by the higher animal organizations, +such as lions and tigers and domestic animals?</p> + +<p>Here an important distinction must be noted. There is a thing, +universally recognized as existing, called instinct. All of the actions +of animals and many of the actions of human beings spring from instinct. +Instinct was given for self-preservation and defense. It is a sort of +semi-intellect, and sometimes in the perfection of its action is equal +to the highest development of soul-power; for instance, the action of a +bee, purely the result of instinct, in the economy of space in the +fitness of all its contrivances in making the comb, is wonderful; no +improvement can be made upon it by the highest development of inventive +genius. How does instinct act as contra distinguished from actions based +upon the exercise of soul-power? Instinct acts in a straight or direct +line with its object. As an illustration,—a tiger is hungry, a man is +hungry; the tiger sees a lamb—the man sees a loaf of bread in the +baker's window; both, left to the impulse of instinct, would go directly +to the object desired by each; the man, although cruelly hungry, as he +approaches the object of his desires, says to himself, "This bread does +not belong to me; it is the property of another, and I have no right to +take it without his consent." Here we see, in the case of the man, a +soul-power acting at right angles with the impulse of instinct and +controlling<span class="pagenum"><a name="Page_152" id="Page_152">[152]</a></span> and governing the action of the man. It is only when men +are controlled by soul-power, as against instinct, that they really are +men in the higher sense of the term.</p> + +<p>With this principle thus briefly stated, and carefully separating the +actions of men as well as animals springing from instinct from the +actions of men springing from the soul-power, we are prepared to make +the declaration that the tiger is incapable of acting on the +considerations that influenced the action of the man; the rightfulness +or wrongfulness of his act in seizing the lamb did not, nor could it +enter at all into his action; he was affected by no consideration of +right or wrong, and indeed could not be; hence we are prepared for the +conclusion that the power to think, to reflect and to judge of the moral +quality of acts and thoughts, is not possessed by the higher animal +organization, or, in other words, that they have no soul such as we have +defined it. Having thus briefly shown by a process of elimination that +man alone possesses the power that we have described as soul-power, we +have established the first part of our argument.</p> + +<p>Man alone being possessed of soul qualities, the question arises, what +are the duration of these qualities? We argue that, being an emanation +from God, they must of necessity partake of the nature of God, and are +therefore indestructible, and eternal. But it is objected that when the +body dies we see no more manifestation of soul-life. Concede it, for the +sake of argument. Does it follow that the soul is extinct? The body was +the instrument through which the soul manifested itself, just as the +piano is the instrument through, or by which, a certain class or kind of +music is manifested. Is the impairment or destruction of the particular<span class="pagenum"><a name="Page_153" id="Page_153">[153]</a></span> +piano, a destruction or extinction of that music? Who would thus reason? +The music manifested through that piano had an existence in the mind, or +soul of some person anterior to the existence of the signs made on paper +by the use of which the music on the piano was produced, or manifested; +and it is evident that the impairment or destruction of the piano did +not destroy the music. What force, then, is there in the claim that, +simply because the instrument through which the soul manifested itself +is dead, the soul itself is dead, or extinct? There are many +illustrations of this thought in actual life. The wonderful, almost +inspired, conception of beauty, passion and anguish transferred by the +artist's brush to canvas, as enduring monuments of the immortality of +genius, existed in the mind of the artist before a single line of the +grand conception was transferred to canvas. If there be any defect in +the picture it is usually a defect of execution, not of conception. The +canvas is but the means by which these conceptions of beauty, passion or +anguish are manifested to the souls of others. Who will argue that the +destruction of the frail canvas is the destruction of these conceptions? +They existed before they were transferred to canvas; its destruction +does not extinguish them.</p> + +<p>It is said again, that soul-attributes are the results of that +mysterious power called life, operating in connection with animal +organization. But a tiger has life and animal organization, yet it is +clear that he possesses no soul-qualities. Besides, if soul-qualities +are the result of such life and organization, the manifestation of +soul-power would be in exact proportion to the strength of the forces +operating to produce this resultant; hence the elephant, in which these +forces exist<span class="pagenum"><a name="Page_154" id="Page_154">[154]</a></span> in the larger degree, would give us the grander +manifestation of intellectual and moral qualities. I have stated the +objection and given a brief answer, but full enough to show the logical +absurdity of the objection.</p> + +<p>But it is said that soul-qualities are the active manifestations of gray +matter in the human brain. We have already seen that the power to think, +to reflect, and to judge of the moral quality of thoughts and acts, is +not a property of matter. None of it, by itself or in combination, +possesses this power. Wonderful have been the combinations and +resultants of the operations of chemists, but life even in its simplest +form is beyond their power. How much further beyond their power must be +the production of the soul-power mentioned above! Besides, this gray +matter has been analyzed and its constituent elements ascertained; none +of these elements in its simplest form show any trace of this power. How +is it possible, then, by combination to produce that of which no trace +even existed in the elements? Then too, if this power is resultant, it +is a law of chemistry that all resultants may be reduced back to its +constituent elements. It would indeed be a wonderful achievement to +reduce the power to think as a resultant, back to its constituent gases. +Again, take the case of a strong and healthy man suddenly killed by a +bullet penetrating both ventricles of the heart; this gray matter exists +intact in the brain immediately after the extinction of life. Decay does +not immediately affect its power. Does the man think, reflect and judge +of the moral qualities of thoughts and acts after the extinction of +life? If so, then this soul-power exists after death, and the argument +answers itself.</p> + +<p>This argument has proceeded far enough to show<span class="pagenum"><a name="Page_155" id="Page_155">[155]</a></span> its line of thought. +Much might be added by way of illustration, details and further +supporting propositions, but it is not deemed necessary.</p> + +<p>I conclude, then, that the soul is not only a unit with the power +ascribed to it, but that it is also an invisible, immaterial and eternal +entity or being. This is but the enumeration of the attributes of a +spirit or spirit-existence. I will not attempt to repeat the reasons +found in every text-book of mental philosophy and moral science to show +its unity. We have seen that it is not matter; yea, more, that it is not +a property of matter; therefore that it is immaterial. If immaterial and +possessing the power to think and reflect, and endowed with moral +sensations and perceptions—the highest and best evidences of life—it +is a spirit-existence. As such, what evidence have we that a +spirit-existence was ever destroyed? That it exists in manifest. +Existing with no evidence of its destruction or of its destructibility, +we ought to believe in its immortality; hence, I conclude, if a man die, +he will live again.</p> + +<p>I have had a controversy on religious subjects but once in my life. I +have always desired to avoid such controversies. Fixed religious +opinions in the minds of others, especially of the old, I regard as +sacred. To create a doubt, is to loosen them from their moral and +religious moorings and to set them hopelessly adrift.</p> + +<p>After I had left school and was recuperating at my father's house, a +gentleman of the name of Wellover, who had known me all my life, and who +was a plain man of the common people, came to my father's house to see +me. His residence was in what was called the Burr Oak Settlement, +distant about six miles from the town of Sturgis. He was a member of the +Methodist<span class="pagenum"><a name="Page_156" id="Page_156">[156]</a></span> Church and a very exemplary Christian. He seemed to be much +troubled. He said to me: "Orange, you know I have been a believer in the +Bible and its doctrines for many years. A man has been delivering a +course of lectures in the school-house in our settlement. He claims to +be a Greek and Latin scholar, and he is attempting to show that the +priests have so translated the Bible that it is a deception and a fraud. +Now, Orange," he said, "I want you to go down with me to listen to one +of his lectures, and afterwards to tell me whether his translations are +true or not." I said to him, "You go up to town and see William Allman, +who is a graduate of Greenbury College, Indiana, and is reputed to be a +good Greek scholar, and ask him to go with me. Tell him to bring with +him his large Cooper's Greek Dictionary, and if he will go, I will +also." He departed, and soon returned with Allman. I took my large +Cooper's Latin Dictionary; we got into Wellover's carriage and we went +to his fine residence, took supper with him, and then went to hear the +lecture of that evening. We found a good-sized audience in attendance at +the school-house. The lecturer, who had passed the middle age in life, +stated in his introductory remarks that he would pursue the same course +as theretofore, and show, by reference to the Greek and Latin languages, +how the priests had translated the Scriptures; sometimes correctly, but +in most cases, where their interests were involved, so as to create a +dismal terror in the present, and perpetuate by fear, their power in the +future. He said that if there were any present acquainted with these +languages, he would be glad, if he made an incorrect statement, to be +interrupted, and if the statement was incorrect he would correct it. He +denied the existence of a God and the<span class="pagenum"><a name="Page_157" id="Page_157">[157]</a></span> immortality of man. He further +declared that religion, on account of its doctrine of hate and +vengeance, made men crazy. I interrupted, and asked him what was the +proof of the last statement; he said the proof was manifest, for that +men babbled of religion, of God, immortality and hell, after they became +crazy. I answered by saying that I had heard men babble of snakes in +their boots, snakes in the bed and snakes everywhere in the room, but I +never knew that snakes had anything to do with their madness; in fact, I +said, such madness had a well-recognized and efficient cause. He said: +"Don't attempt to be smart, young man," and I took my seat. He further +declared that if man were immortal, beasts were also, for the Romans had +used the word "animus" indiscriminately as to both, and that the priests +had translated "animus" to mean intellect and what was called by them, +the soul of man. I told him I thought he was mistaken. He rather +uncourteously asked me what I knew about Latin. I told him that I had +some knowledge of it and that the Romans used the word "mens" from which +we derived our word mind, mental, and many other words of the same +character, to signify the soul of man; and did not use the word "animus" +for that purpose, or with that meaning. I read to him and to the +audience from the Dictionary the definitions of "animus" and of "mens." +This drove him out of the Latin language, and he and Allman had a +spirited and sharp and somewhat personal dispute, about some Greek or +pretended Greek word. The controversy showed that he had no knowledge, +or only a very limited knowledge, of what he was talking about. He said, +after the wrangle with Allman was ended, that he had been interrupted so +much by the two young men from town, that he would not proceed<span class="pagenum"><a name="Page_158" id="Page_158">[158]</a></span> with his +lecture on that evening, but would close by telling his experience. He +said that he had been a minister for eighteen years—nine years in the +Methodist Church, and nine years in the Christian or Campbellite Church. +He divided all ministers into two classes—knaves and fools. I +interrupted him again and asked him, inasmuch as he had been a minister +for eighteen years and classed all ministers as knaves and fools, what +class he belonged to. He hesitated a moment and said: "I am willing to +confess that I belong to the class of fools." "Then," I said, "that +confession proves the Bible to be true, for it says, 'the fool hath said +in his heart, "there is no God."'" The meeting dissolved, and he lectured +no more in that settlement. His pretended knowledge of the Greek and +Latin languages was a deception and fraud.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_159" id="Page_159">[159]</a></span></p> +<p class="center"><span class="huge">Indians and Their Customs</span></p> +<p> </p> + + +<p>The Indians are fast passing away, and their customs and mode of thought +are passing with them and will only linger in dim tradition. For over +fifty-five years I have been in close contact with many individuals of +the different tribes of Oregon, Washington, British Columbia and +California and I have taken considerable interest in the study of their +characteristics. I have already stated that the Indian is an impassive +stoic. If he has any human emotions, they are with the exception of +anger, never displayed in his countenance. When angry, his countenance +becomes fixed, sullen, morose and determined. He does not voice his +anger, but silently nurses his wrath to keep it warm. He has no wit, but +has a keen sense of the ludicrous, sometimes degenerating into short +pungent sarcasm. This is the exception, not the general rule. He reasons +from surface indications and has a keen perception of the absurd, or +what he considers such. I have given one illustration in the narration +of R.'s civilizing efforts. It is stated that an Indian chief said to +General Isaac I. Stevens, in one of his treaty conventions, "We and our +fathers have always possessed this country. We have no objections to the +whites coming and enjoying it with us. The country is ours. Why do the +whites always urge the Indian to go upon reservations? The Indian never +tells the whites that they must go on reservations." On my return from +Colville in 1855 I met an Indian with a fine mare. I asked him if he +would sell her to me. "Yes," he<span class="pagenum"><a name="Page_160" id="Page_160">[160]</a></span> said, "you may have her for fifteen +dollars." I had with me a surplus of blankets and coarse but warm +clothing, and I offered to trade him three pair of blankets and a suit +of coarse clothing for his mare. It was a cold morning, and the grass +was stiff with hoar frost. He had nothing on him in the shape of +clothing or wraps, with the exception of a thin calico shirt. I told him +that he needed these blankets and clothes to keep him warm. I asked him +if he was not cold. He answered in the Yankee style by asking me if my +face was cold. I told him "No." "Well," says he, "I am face all over."</p> + +<p>The most thorough and extended system of Esperanto which ever existed, +so far as my knowledge goes, was spoken on this Coast. It was an +invention of the Hudson Bay Company, and extended and was spoken by the +Indians generally from the northern portion of California through all of +Oregon and Washington and British Columbia, and north of that along the +Coast for a great distance. It was also spoken and understood by the +pioneers, settlers and trappers through all this vast region. It was +Spartan in some of its laconisms. As an illustration: I was appointed by +the Court, in the trial of a criminal case in Southern Oregon, for the +defense of three Indians on the charge of grand larceny. They were +indicted for horse-stealing. The proof against them was clear and +satisfactory. I labored to reduce the offense from grand to petit +larceny, and I succeeded, for the jury brought in a verdict of "guilty +of petit larceny." The Court sentenced them to three months' +imprisonment each, in the county jail. When their time expired, the +sheriff opened the doors and told them they might go; but, instead of +going, they went to the further end<span class="pagenum"><a name="Page_161" id="Page_161">[161]</a></span> of a long, narrow hall, and two of +them squatted in the corners and the other between them against the +wall. The sheriff came to my office and said to me, "Jacobs, I want you +to go with me over to the jail. I can't make those clients of yours +understand that they may go." I went over with him and found them thus +situated. I told them in the jargon, or Esperanto, that they had paid +the debt they owed to the whites and that they were free to go to their +homes to see their fathers and mothers, brothers and sisters and +friends. The center man—the oldest of the three—slowly arose and very +emphatically spoke the following: "Halo mammook, hiyu muck-a-muck, hyas +close, wake klatawa." This being interpreted means: "We have nothing to +do, we have plenty to eat, we think it very good, we will not go." We +had to drive them out of the jail and into the road on their way home. I +walked slowly back to my office meditating on the philosophy of such +punishment for an Indian.</p> + +<p>Before I came to Puget Sound I had heard of a cultus potlatch. A +potlatch is the giving-away of all of our earthly possessions without +any hope or expectation of any return, either in kind or value. There +was an Indian on the Sound known by the whites as Indian Jim. Jim had a +wonderful ability to accumulate property; he was an Indian Morgan, or +Rockefeller. He was an expert gambler and trader, and very industrious +withal. He usually worked at the mills, where many other Indians were +employed, and he not only saved the money earned by himself, but +obtained, by his expertness in gambling, much of the money earned by the +other Indians, and much of that earned by the white laborers. This money +he invested in blankets—usually at Victoria. Some of his accumulation +of gold<span class="pagenum"><a name="Page_162" id="Page_162">[162]</a></span> he had changed into fifty and twenty-five cent pieces. He also +purchased quite a quantity of calico and Indian trinkets. When he had +secured a large accumulation of such things, he gave a potlatch. The one +I attended was held on the tide-flats south of Seattle. As the time +approached, many canoes were on the Bay, headed by a joyous crowd going +to the potlatch. Jim was very anxious that I should attend the +closing-day of the potlatch. I told him that I would go. He sent a large +canoe with eight paddle-men to take me to the potlatch. So I went in +style, I witnessed the closing ceremonies and Jim had enough to give +every one in attendance, a blanket, or piece of money, or some gaudy +calico, beads or other trinkets.</p> + +<p>He even took off a pretty good suit of clothes that he was accustomed to +wear and gave them away, substituting an old suit for them. He +accompanied me to the city on my return. I said to him, "Jim, you now +are a vagabond; you have no clothes to wear, no provisions to eat, and +no money." He said that that was all right; he would soon get some more. +He said it was all the same as that of the whites, but it was much +better than the white man's potlatch. He said that whenever he met his +friends he could see in their countenance a pleasant light. He also gave +me to understand that it made a sort of nobleman of him. But he said +when the white man died his children make a potlatch of what he left +behind him; and, being dead he could not see in their countenances that +light arising from what they had received from him. I thought possibly +that Jim's philosophy had a touch of sarcasm, and a good deal of truth +in it.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_163" id="Page_163">[163]</a></span></p> +<p class="center"><span class="huge">In Memoriam</span></p> +<p> </p> + + +<p>James A. Garfield was elected President of the United States of America +in November, 1880, and was inaugurated on the 4th of March, 1881; was +shot and mortally wounded on the 2nd day of July, 1881; and was removed +to Elberton, New Jersey, where he lingered until September 19th, and on +that day he died—to the great sorrow of a waiting, hopeful and +sympathetic Nation. No death in our history, save possibly that of +Lincoln, so generally and profoundly filled the hearts of the American +people with sorrow as did the death of Garfield. After its announcement +a Nation, inspired by a common impulse, at once hung out the dark +emblems of sorrow.</p> + +<p>September 27th was appointed Memorial Day. On the 25th a public meeting +was called in Seattle at the old Pavilion. Honorable Roger S. Greene was +elected chairman of that meeting, and he was to act as such on Memorial +Day. Myself, Rev. George H. Watson and Honorable William H. White were +invited to deliver at that time addresses on the character and public +career of the fallen statesman.</p> + +<p>On the appointed day an audience of over four thousand people assembled +in front of and on each side of the west end of the old Occidental +Hotel. The officers of the day and the speakers occupied the first +balcony of the hotel. The exercises were appropriately opened with +prayer by Rev. Ellis. Honorable Roger S. Greene made a brief but earnest +and impressive address, and introduced me in the following complimentary +language:</p> + +<p class="blockquot"><span class="pagenum"><a name="Page_164" id="Page_164">[164]</a></span>"We shall hear from one to-day who can occupy an appreciative +standpoint and speak of the departed President with more than +common sympathy for his public purposes and deeds.</p> + +<p class="blockquot">"Yet more. You yourselves have something to say. You seek one of +yourselves to speak for you; one who not only, like the lamented +dead, thinks as the people think and feels as the people feel, +but one who belongs to this local community and who shares our +own peculiar shade of sorrow.</p> + +<p class="blockquot">"Such an one is here. He is a man skilled in the use of words, a +man identified with yourselves, a man experienced and +accomplished in public and national affairs, a man personally +acquainted with James A. Garfield.</p> + +<p class="blockquot">"Fellow citizens, I introduce to you Orange Jacobs, your orator +of to-day."</p> + +<p>Thus eloquently introduced to the audience, I delivered the following +address:</p> + +<p class="blockquot">"FELLOW CITIZENS:—In arising to address you on this occasion I +feel my own inability to do the subject justice; and the hollow +impotence of human language to express the sentiment of national +woe. We have assembled to honor the memory, to revere the +character, and recount the living virtues of a fallen patriot +and statesman. James A. Garfield, the popular idol of the +nation, is no more. His spirit has passed the bourne from whence +there is no return. We have, in time of our greatest need, lost +one of our greatest statesmen and purest patriots. In the +mid-day of his manhood, in the midst of his usefulness, just as +hope became steady, and faith reliant and sure, Mr. Garfield +descended<span class="pagenum"><a name="Page_165" id="Page_165">[165]</a></span> to the grave. His sun of life has set forever. It +fell from its meridian splendor, as falls a star from the +blazing galaxy of heaven. No twilight obscured its setting.</p> + +<p class="blockquot">"As the sun of the physical world—the brightest and grandest of +all of the luminaries of the firmament sinks to rest, tingeing +the clouds that stretch along the horizon with the golden +glories of its declining rays, so Garfield, the sun-intellect of +this nation, has gone to his repose, reflecting the light of his +noble deeds and unfaltering patriotism, tingeing the breaking +clouds of dissention with the beauty and effulgence of hope and +peace.</p> + +<p class="blockquot">"When the telegraph flashed over a hopeful nation the mournful +news of James A. Garfield's death, with the previous knowledge +of the cowardly means by which it was effected, the great +popular and patriotic heart momentarily ceased its pulsations, +and the life-current of a nation, stood still for a moment, +until the energies of patriotic vitality gathered new force to +repel the effect of the stunning shock. Unbelief and +astonishment were succeeded by wordless sorrow, and this was +mingled with emotions of patriotic vengeance. Patriots in this +mournful hour can brook no sympathy for the damning deed—can +bear no manifestation of joy for the bloody work of the +assassin.</p> + +<p class="blockquot">"James A. Garfield was the popular representative of American +patriotism. As President he possessed no powers but those freely +delegated to him by his fellow-citizens. His highest duty under +the Constitution, and by the delegation of the people, was to +preserve, protect, and defend the Constitution and Government +established by the Revolutionary Fathers. In the faithful +discharge of these duties, he was suddenly<span class="pagenum"><a name="Page_166" id="Page_166">[166]</a></span> struck down by an +assassin. The blow struck not the President alone; it reached in +its rebound the popular heart of America. The shot meant the +annihilation of delegated power, and as such reached the +fountains of popular vitality.</p> + +<p class="blockquot">"The people, in the exercise of their inherent sovereignty, may +elect, but if it does not suit he shall not live says the shot +of the assassin. Such assassinations are extremely dangerous to +liberty and constitutional government. If the will of the +majority is defeated in this manner, popular government will not +long survive. Anarchy, bloodshed and general civil war will +succeed the rebound of the popular heart. The popular frenzy +which developed itself in mobs in many sections of our country, +on the reception of the tidings of Lincoln's death, is but the +logical sequence of the assassin's stroke at civil liberty and +popular rights. Then it behooves every well-wisher of his +country, on such mournful occasions, to give emphasis and +intensity to the nation's woe. For, mark you, fellow-citizens, +there is a smothered volcano of wrath and vengeance in the great +popular heart upon such occasions. A word may vent it, and fill +all this fair land with the lava of blood and ashes.</p> + +<p class="blockquot">"One more preliminary consideration before I call your attention +to the life, character and public services of our dead +President. What will be the effect and consequence of this +horrid murder, considered with reference to national affairs? No +one present can fully tell. Most of the ultimate consequences +are too remote and recondite to be comprehended now. We must +wait for the full development of the logic of events. This we +know, that the time elapsing between the assassin's shot and the +lamented death of his victim has been<span class="pagenum"><a name="Page_167" id="Page_167">[167]</a></span> sufficient for the +supremacy of reason and the subjugation of passion so far as to +prevent any immediate dire results to free government. The +American people, yea the Anglo-Saxon race, are believers in law +and order. They put their trust in and found their hopes upon a +liberty regulated by law. Passion may triumph for an hour, but +the sober-second-thought of the masses is sure to assert itself. +Passion has never but once in our history crystalized into +revolution. It is this subordination to law, this reverence for +its majesty, this reliant faith in its methods and results, that +constitute the bulwark of our liberties, and make the American +people capable of self-government.</p> + +<p class="blockquot">"James A. Garfield was born on the 19th day of November, 1831, +in Orange, Cuyahoga County, State of Ohio, and hence was in his +fiftieth year when he died. He was a graduate of Williams +College, Massachusetts. After his graduation he followed the +profession of teacher, and was president of a literary +institution in Ohio for several years. He afterwards studied +law, and so great was his proficiency, that in legal knowledge +and forensic power he was a foeman worthy of the steel of such +men as Stanton, Ewing, Stanberry and others of national +reputation at the Ohio bar. He entered the Union army as Colonel +of the 42nd Ohio, in 1861; was promoted to the rank of +Brigadier-General January 10th, 1862; was appointed chief of the +staff of the Army of the Cumberland, and was promoted to the +rank of Major-General, Sept. 20th, 1863; was elected to the 38th +Congress while in the field, and was successively elected up to +and including the 46th Congress; and while holding this last +position he was elected Senator from the great State of Ohio, to +succeed Judge Thurman. He never took his seat, however,<span class="pagenum"><a name="Page_168" id="Page_168">[168]</a></span> in the +American Senate, for he was nominated and elected President, +before Judge Thurman's time expired. I ought to have mentioned +that in 1859-'60 he was a member of the State Senate of Ohio. +Such is a brief history of this remarkable man.</p> + +<p class="blockquot">"James A. Garfield, in common with Abraham Lincoln, the +patriotic and lamented Douglas, and the eloquent Clay, sprang +from the loins of the American people. These all forced their +way from poverty up to commanding positions and national renown. +Their genius for public affairs was triumphant over all +opposition and victorious in their rising greatness. The success +of such men is possible only in a government by the people. Be +it said to the everlasting honor of the people, and their +fitness for government, that they not only recognized the +ability of these men, but they gave them their affections +without stint, and their hearty support in opposition to party. +And to-day, from his sublime heights, he whom we commemorate +beholds a manifestation of this affection, by a nation in +mourning.</p> + +<p class="blockquot">"His knowledge, tact, and judgment made him equal to every +position bestowed upon him by the partiality of his countrymen; +yea, more, he was a leader in all. As a student, scholar, and +teacher he stood high. As a soldier his coolness in the shock of +battle, as well as his admirable foresight and judgment, won for +him rapid promotion. As a legislator, debater, orator and +statesman he had but few equals and no superiors. And it was in +these capacities that I knew him well, as it is in the character +of Congressman that he is best known to the great mass of the +American people, I pause for a brief time to consider some of +his qualities as a legislator.</p> + +<p class="blockquot"><span class="pagenum"><a name="Page_169" id="Page_169">[169]</a></span>"He was for many years, while the Republicans had control of the +House, Chairman of the Committee on Appropriations. This was a +position of the highest importance and of the most commanding +influence. It gave him control of all the appropriations of the +Government and made his the actual leader of the House. A defeat +of this committee by the House would be as disastrous to the +party in power as the defeat of the ministry in England: a +defeat by his own party would show such lack of unity of +purpose, and of objects, and ideas on the part of the majority, +as to render them incapable of carrying on the Government.</p> + +<p class="blockquot">"Firm, decided, full of expedients, and wonderful in debate, he +not only carried his measures triumphantly through, but at each +session strengthened his hold upon his party and the country. In +the fierce contests that raged upon such occasions, he showed +that his knowledge and intellect were stupendous. His quick +perception grasped, his strong memory retained, and his ready +logic commanded, immense sources of useful knowledge, gathered +from science, reflection, the history of the past, and the +stirring events of the present. In debate he rejected all +rhetorical ornament, all ostentation and show. Stating his +premises concisely, his reasoning led to the conclusion aimed +at, as irresistibly as the current of a deep and strong river +leads to the sea. There was a logical force and point to his +clear sentences that tended to his conclusions with the +directness and certainty with which the successive steps in a +mathematical demonstration point to the grand result. In making +an attack or repelling an assault upon his position, he always +had a mark, and his intellectual shots fell in and around that +mark with effective proximity.</p> + +<p class="blockquot"><span class="pagenum"><a name="Page_170" id="Page_170">[170]</a></span>"But while he was truly great in devising and successfully +carrying through the great appropriation bills, made necessary +by the enormous expenditures of the war, he was greater by far +as the philosophic leader of his party.</p> + +<p class="blockquot">"After the power vanished from his party in the House, although +his knowledge, of the principles and rules of parliamentary law +was full and accurate, he rarely spoke on questions of order; +but when the principles, policy, methods, or measures of the +Republican party were attacked, he was always put forward as +their champion; and, although men will and do honestly differ +about such matters, yet by the concessions of friend and foe +alike, the proudest monuments of his intellectual greatness have +for their base these masterly vindications.</p> + +<p class="blockquot">"He had a power of generalization and classification possessed +by but few men. He was not a logician in the popular sense of +the term. He addressed the intuitions, and consciences, of men +quite as often as their reason. John C. Calhoun, Senators Morton +and Bayard and Garfield, stand unrivalled among American +statesmen for their wonderful powers of generalization, +classification, and analysis. This power made Calhoun a +dangerous antagonist to Webster, with all his sledge-hammer +strokes of logic and incisive reasoning. Morton's fame and +reputation rests upon this foundation alone. Garfield possessed +this power in a remarkable degree. It was this power that +enabled him to hold popular audiences even in a two-hours' +speech on the dreary topics of finance.</p> + +<p class="blockquot">"He gathered up the fundamental principles underlying the +complicated topics of political economy,<span class="pagenum"><a name="Page_171" id="Page_171">[171]</a></span> stated them with such +clearness and simplicity, as not only to bring them within the +comprehension of, but to make them attractive to the ordinary +understanding. The most voluminous and complicated mass of +facts, fused in the furnace of such an intellect, is quickly +reduced to order; the good separated from the bad, the valuable +from the worthless; and the principles underlying the good and +valuable made manifest, like as the fire of the furnace releases +the precious metal from the rock, dirt and sand by which it is +surrounded, and utilizes it for purposes of commerce and +civilization.</p> + +<p class="blockquot">"As a speaker he was always dignified and impressive. He had +strong convictions, and he uttered them with courage and +earnestness. He was one of the few members who could always +command the attention of the House. I have seen him arise in a +tumult of excitement, and as soon as the tones of his clear, +ringing voice echoed through the vast hall, all was hushed, and +every ear was open, and every eye was turned toward him. I was +present when he delivered his great speech on the importance and +necessity of standing by the Resumption law and the currency of +the Constitution. Many members were wavering, hard times were +abroad in the land; bankruptcies were frequent, and enormous in +amount. There was an appalling shrinkage of values, and a wild +cry came up from the North, the South and the great Inland West +for more money. The advocates, of the policy of largely +increasing the volume of the greenback currency, were jubilant; +but that speech decided their fate.</p> + +<p class="blockquot">"The doubting were convinced, and the wavering fixed, in their +determination to stand by the Resumption law. Resumption +succeeded. The national honor<span class="pagenum"><a name="Page_172" id="Page_172">[172]</a></span> was preserved. Business rests +upon a solid foundation and an era of prosperity prevails. To no +man is the nation more indebted for this auspicious condition of +affairs than to him whose untimely death we mourn to-day.</p> + +<p class="blockquot">"Notwithstanding the earnestness and boldness of Mr. Garfield's +utterances, everybody was his friend. They gave him credit for +honesty, and sincerity. So sure it is that these qualities +always command our respect, if they do not excite our +admiration.</p> + +<p class="blockquot">"The sterling qualities which I have briefly mentioned, together +with his known and accepted position on the great public +questions of the day, secured Mr. Garfield's nomination to the +Presidency at the National Convention, which met at Chicago on +the 2nd day of June, A. D. 1880. His competitor, as all know, +was a patriotic and illustrious Union General. The contest was +remarkable for its thoroughness and intensity in the doubtful +States, but Mr. Garfield was clearly and fairly elected, and on +the 4th of March last, was duly inaugurated. He entered on the +discharge of his duties as President under the most auspicious +circumstances. We were at peace with all the world. The wounds +of the war had been healed, and the work of reconciliation had +fairly been accomplished. Prosperity reigned supreme; the good +time had come and the people rejoiced. Menaced by no external +power and free from domestic dissensions, he could turn his +entire attention to the internal machinery of government. He +determined to distinguish his term of office by its purity of +administration, and its economy of expenditures. Only four +months was he at the helm, but his achievements in that time +will be remembered long, and bless the land for years. In that +brief time he routed the army<span class="pagenum"><a name="Page_173" id="Page_173">[173]</a></span> of contracting thieves from their +entrenched position in the postoffice department, and +established a standard of official integrity and honor that +carried dismay to the spoils-hunter and dishonest official. But +just as he had fully gathered the reins of government in his +hands, and sent forth the uncompromising demand for honesty and +integrity from all officials, and while preparing to enforce +that demand, the assassin's bullet paralyzed his power and +arrested the much-needed work of reform. That he made mistakes +may be conceded, for all human judgments are imperfect; but the +cold and passionless voice of history, though it may find fault +or flaw, will more than satisfy those who loved him most, and +will place his name among the highest and purest in the list of +human rulers.</p> + +<p class="blockquot">"In contemplation of the solid and brilliant abilities of a +great man, we often lose sight of those qualities that endear +him to friends, and to the loved ones around the home circle. +Man may possess transcendant genius, and be the idol of the +populace, and yet be selfish, unsocial and cruel at home. +Towering ambition may, and sometimes does, subordinate the love +of wife, of children, and of parents, to its gratification. Such +was not the case with Garfield. His home was his retreat from +the storms and battles of life, where love reigned supreme. The +telegram dictated by himself to his wife on the 2nd of July +last, just after the fatal shot, was full of the holy felicities +of domestic life. Mrs. Garfield was in Elberton, where the +President finally died. The telegram read: 'The President wishes +me to say to you for him, that he has been seriously hurt, how +seriously he cannot say. He is himself in hopes you will come to +him soon. He sends love to you.'</p> + +<p class="blockquot"><span class="pagenum"><a name="Page_174" id="Page_174">[174]</a></span>"The voice of ambition was hushed. The counsel and association +of a statesman was subordinated to the presence and society of +the loving and faithful wife; and how touching has been her +devotion; how grand and noble her fortitude in that trying hour! +Some one has truthfully said that there are but three words of +beauty in the English language, and they are: 'Mother, Home, +Heaven.' All know that the love and affection of our dead +President for his aged mother, who by the cruel shot of the +assassin, will be the chief mourner at the grave of her dear +boy. These are the qualities, more than the brilliant display on +the rostrum, in the forum or before enraptured thousands, that +give the full measure of a noble manhood. This display may +co-exist with selfishness and meanness; love and affection +sanctify the noblest gifts and the loftiest aspirations.</p> + +<p class="blockquot">"No account of Mr. Garfield's character would be full and +complete without a statement of his deep and fervent religious +convictions.</p> + +<p class="blockquot">"No man with his breadth of knowledge, with his complete mastery +of the processes of induction and analysis, and with his +metephysical character of mind, could ever be a disbeliever in +the existence of God and the immortality of man. Hence we find +him a member of a Christian Church and a regular attendant upon +its services. The problem of human origin and human destiny +early engaged his thoughts, and secured his profound +consideration. He <i>believed</i>, and endeavored to regulate his +conduct, habits, and life by Divine laws.</p> + +<p class="blockquot">"In conclusion let me say, the hero statesman of this age, and +the loved idol of this nation, has gone down to an honored +grave. He died in the zenith of<span class="pagenum"><a name="Page_175" id="Page_175">[175]</a></span> his reputation and glory, after +a struggle which has held the admiration of the world for his +heroism and manhood. He lived long enough after the fatal shot +to feel the sympathy of the nation, and the deep indignation of +the people, at the manner of his taking-off. He has gone to the +still heights where crime and pain come not. A nation mourns his +loss, and millions of freeman now and hereafter will revere his +virtues and guard his fame.</p> + +<p class="blockquot">"Though dead in the flesh he lives in the spirit, and in the +affections and memory of his countrymen.</p> + +<p class="blockquot">"The principles and lessons he taught are his best legacy to his +country.</p> + +<p class="blockquot">"His memory will never die until time shall be no more. The +tears of a sorrowing people will water the sod that covers the +remains of their loved magistrate; and from every blade of grass +that grows, and from the leaf of every flower that blooms upon +his grave, an avenging spirit shall arise to demand requital for +the damnation of his taking-off. Then at the grave of the great +departed, let us tender anew our vows of fidelity to our country +and to freedom, and consecrate every wish and aspiration of our +hearts to an undivided and free Republic, remembering that +though Presidents may die our country must and shall live +forever. 'God reigns, and the Government, at Washington still +lives.'"</p> + +<p>When I had finished speaking the chairman introduced Rev. George Herbert +Watson, whose address was very sympathetic and scholarly as well as +impressive. The chairman next introduced the Honorable William H. White, +whose address was brief, earnest, patriotic and eloquent.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_176" id="Page_176">[176]</a></span></p> +<p class="center"><span class="huge">Political and Not Party Convictions</span></p> +<p> </p> + + +<p>I have always been of the opinion, and have so declared in public +speeches and newspaper articles, that the true policy of the Pacific +Coast was the division of its area into small States. I will give but a +few of the many reasons for such opinion, for I do not intend to go +elaborately into a statement of them. The time for effective action has +passed. I desire to state only enough to show the trend of my views on +the subject.</p> + +<p>First, then, as to the lower house of Congress. The area of the three +states bordering on the Pacific Ocean—California, Oregon and +Washington—is fully one-half covered by mountains. The sides of these +mountains are to a certain extent covered with a heavy growth of timber +and with practically impassable canyons; their ridges sharp, gravelly +and sterile, with fertile coves and small valleys as yet unoccupied by +either the hunter or the hardy woodsman. Many cycles of years will roll +away before these fertile spots will be occupied with the romantic homes +of these last-named classes.</p> + +<p>The Atlantic Coast in the same number of degrees of latitude, commencing +at the forty-fifth degree on the coast of Maine and proceeding south for +sixteen degrees, is covered to some extent with mountains; but as a +general rule they are low as compared with our ranges. Much of the land +on their slopes is rich and accessible, and all of their fertile slopes, +coves and small valleys have been long since occupied.</p> + +<p><span class="pagenum"><a name="Page_177" id="Page_177">[177]</a></span>I state these facts to show that in addition to natural causes the +States bordering on the Atlantic in the same number of degrees of north +latitude, as will more fully appear, must continue to have the +dominating power in the lower house of Congress. The three States +bordering on the Pacific Ocean extend over sixteen degrees of north +latitude. Commencing at the 45th degree in Maine and going south sixteen +degrees, thirteen States border on the Atlantic. These thirteen States +have a representation in the lower house of Congress of 103 members; +while the three States bordering on the Pacific have a representation of +fourteen members. Thus it is manifest that for many years to come, and +possibly forever, with a slowly-diminishing power, the Atlantic will +have the control on all subjects of tariff, of finance, of currency and +of immigration; subjects in which the Pacific Coast is deeply +interested, and upon some of which there is not only an actual, but +growing conflict of interests and convictions. Add to this the further +fact that Washington and Oregon extend inland for over four hundred and +fifty miles, and California on an average of two hundred and fifty +miles, and, applying the same rule of inland extension to the Atlantic +Coast, Pennsylvania and West Virginia, with their thirty +Representatives, would be let in and added to the 103; thus giving to +the Atlantic Coast permanent control of all those vital subjects of +legislation, so far at least, as the lower house of Congress is +concerned. It will thus be seen that a fatal mistake has been made in +the political division of the Pacific Coast. I have confined myself +strictly to the Ocean-bordering states. The great Inland Empire, lying +between the Rocky Mountains on the west and the Alleghany Range on the +east, is more intimately and<span class="pagenum"><a name="Page_178" id="Page_178">[178]</a></span> strongly connected by commercial and +financial ties with the Atlantic than with the Pacific Coast. As a +partial compensation for this inevitable want of political power in the +lower house of Congress, it was the true policy, as I have declared, for +the Pacific Coast to divide its immense territorial area into small +States, so as to secure in the United States Senate, an approach to +equality of political power. We have seen that within sixteen degrees of +north latitude on the Atlantic Coast there are thirteen States, +bordering on the ocean, with twenty-six Senators; while on the Pacific +Coast in the same number of degrees of latitude there are but three +States, with only six Senators. California should have been divided into +three States; Oregon, into three States; and Washington into three +States. This would give only nine States in a far greater territorial +area than that contained in the thirteen States bordering on the +Atlantic Ocean. Even then, this would give us only eighteen Senators; +but it would be a nearer approach to equality in political power than +now.</p> + +<p>The question may be asked: Are there no means by which this fatal +mistake may now be remedied? As a lawyer, and being somewhat acquainted +with the history of my country, I am compelled to answer, No.</p> + +<p>On the admission of a State into the Union, there is an implied compact +on the part of the Federal Government to defend such admitted State +against all unlawful invasion of its territory. If there be a dispute +about boundaries, it must be settled in the proper Court, and the final +decree of that Court will be enforced by all the power of the Federal +Government.</p> + +<p>Again, the possession of power is always connected with the desire to +perpetuate it, and also with a sensitive<span class="pagenum"><a name="Page_179" id="Page_179">[179]</a></span> jealousy of all measures +having a tendency to diminish its controlling effectiveness, or to +lessen the value of the units constituting that power. The admission of +every State has, to some extent, this effect; hence the demands are more +exacting, and the admission more difficult, now, than heretofore.</p> + +<p>There has been but one instance in our history where a State has been +divided, and the segregated portion been admitted into the Union as a +State; and that is the case of West Virginia; but that admission was +based on facts and conditions which every patriot hopes may never occur +again. Virginia not only claimed the right peaceably to secede from the +Union but to be the sole and exclusive judge not only of the existence, +but also, of the sufficiency of the causes, to warrant such secession. +She did all she could to make that secession effective. Old Virginia had +by her act, and by her theory of the nature of the Government under the +Constitution, estopped herself to deny that the forty-eight counties +west of the Alleghany Range possessed the same right of secession—if +any such right existed—that she possessed herself; she could therefore +make no rightful objection. The people of the forty-eight counties were +loyal to the Federal Government, and flag. They called a Convention, +adopted a Constitution republican in form which was approved by nearly +unanimous vote of its legal electors—28,321 for and only 572 +against—and under that Constitution, with the name of West Virginia +they were admitted into the Union on December 31st, 1862. This was done +partly as a war measure, and partly to show the disintegrating effect of +the logic of secession.</p> + +<p>The State of Texas requires a brief notice. She was admitted into the +Union as a State on December<span class="pagenum"><a name="Page_180" id="Page_180">[180]</a></span> 29th, 1845. By the prudential foresight of +her statesmen, in a compact entered into between her and the Federal +Government, she reserved the right to form four additional States out of +her large area. She has not as yet exercised that right, but no doubt +will in due time; thus securing ten Senators, while the whole Pacific +Coast, with almost twice her territorial area, has fixed its number +irrevocably at six.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_181" id="Page_181">[181]</a></span></p> +<p class="center"><span class="huge">The Ram's Horn Incident</span></p> +<p> </p> + + +<p>Esau sold his birthright, with all that it implied, for a mess of +pottage. Infant communities, whether territorial or municipal, feeling +the pressure of present want, are always tempted by money-sharks to +mortgage, sell, or surrender, for a mere song, rights and franchises of +a constantly increasing income, and relinquish political power necessary +for a legitimate assertion and protection of their rights in years to +come. A striking exemplification of this short-sightedness appears in +what is said above as to the formation of only three States to cover the +whole Pacific Coast. The supplicant for this birthright, and all its +prospective enormous income, finds his most congenial and hospitable +host in a municipal legislature. He is usually, but not always, +accompanied by the fascinating Miss Graftis.</p> + +<p>There are two cases in our municipal history that I will briefly note as +illustrations of this tendency. In neither, so far as I know and +believe, was there any graft. In both I was to some extent officially +connected; in the Rams-Horn case painfully so; in the Railroad Avenue +case simply as an officer and protestant. Many years ago—the dates are +not important—the Columbia and Puget Sound Railroad Company asked the +City Council of Seattle for the grant of a right-of-way for a railroad +track down and over West Street. This was the historic Ram's-Horn. I and +a few others opposed<span class="pagenum"><a name="Page_182" id="Page_182">[182]</a></span> the grant. The City Council hesitated. Its members +desired the approval of the grant by the people, and especially by the +lot-owners along the street, before they acted. A meeting was called at +the Pavilion to secure, if possible, such approval. The meeting was +fairly attended. Mr. James McNaught, a shrewd and able man and lawyer, +was attorney for the Company. He read the proposed ordinance and +explained its provisions, and then, with a glowing eulogy on the +advantages of a railroad, closed amid the vociferous applause of the +audience. I arose to oppose the grant; but as there was a continuous and +determined cry of "Vote!" "Vote!" "Vote!" "Vote!" I resumed my seat. The +proposed ordinance was approved by about a two-thirds vote of those +present, and the City Council speedily enacted it into law. The Railroad +Company built its road from the south end of the town and laid its track +down to Columbia Street; there it stopped, to await the result of +certain condemnation proceedings. The wearers of the shoe, although +voting for its purchase, soon felt its pinch, and they wanted +compensation for its pain. The Company threatened to go across Columbia +Street. It was stopped by a judicial restraining order. Having been +elected Corporation Counsel, I came into the case a short time before +the hearing on the motion made by the Company for the vacation of this +order. The former legal adviser of the City, and who had commenced the +suit, I asked to continue in the case and to argue the pending motion. +He did so, and made a technical and very ingenious argument against the +validity of the grant. I must confess that I believed the ordinance +valid, and that the objections urged against it were unsound, and I was +fully convinced<span class="pagenum"><a name="Page_183" id="Page_183">[183]</a></span> the Court would so hold. In the mean time Columbia +Street had been graded and macadamized. Its surface was fully eighteen +inches above the railroad track. Being fully informed by a careful +personal inspection, and thorough measurement by experts, of the exact +fact, I proposed to compromise. I first proposed to allow the Company to +cross Columbia Street, but to cross at the existing grade. This would +require a reconstruction of the tracks already finished, and subject the +Company to many suits for damages in case of their change of grade. +Secondly, I agreed to withdraw the pending suit if this proposal was +accepted by the Company. This all took place in open Court, and the +compromise was approved in open Court; the ordinance, at the request of +the Company's attorney, was declared valid by the Court. The compromise +was also approved.</p> + +<p>The next morning, to my astonishment, a large force of men was put at +work by the Company to cut through Columbia Street; basing its action on +the alleged ground that the compromise was null and void because of a +mutual mistake of the facts by the parties. There was no mutual mistake. +I fully knew and understood all of the facts.</p> + +<p>An incipient riot was in progress; but the interference of the police +and the issuance of a restraining order soon put an end to operations. +The newspapers emptied their vials of wrath on me as the principal +sinner.</p> + +<p>An appeal was taken by the Company to the Supreme Court, and that +learned and unimpassioned tribunal affirmed every position taken by me +in the case; it held the ordinance to be valid and the compromise<span class="pagenum"><a name="Page_184" id="Page_184">[184]</a></span> +binding. Thus, ended the somewhat celebrated Ram's-Horn case, and with +it that railroad across Columbia Street.</p> + +<p>On the publication of the decision of the Supreme Court, it was amusing +to see my calumniators retreat to cover; still damning, however, with +faint praise.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_185" id="Page_185">[185]</a></span></p> +<p class="center"><span class="huge">Railroad Avenue</span></p> +<p> </p> + + +<p>There is one more topic of intensified local interest that I will +briefly notice. I am now and always have been opposed, not to Railroad +Avenue, which extends along the water-front of the city, but to the +network of tracks permitted and authorized to be placed thereon. At the +foot of Columbia Street, crossing Railroad Avenue to the west line +thereof, you cross nine railroad tracks, or eighteen lines of slightly +elevated railroad iron. Such are the existing and authorized conditions. +I have always been opposed to those conditions; first, because they are +unusual, unnecessary and dangerous; unusual, because no city can be +named permitting such a nuisance; unnecessary, because one track, or, to +be liberal, two tracks, with spurs to the warehouses on the west and the +wholesale or commission houses on the east, where the conditions permit +it, would be ample, under the control of an intelligent company or +management, for all the purposes of trade and commerce; dangerous, as +experience has shown: the killed and injured on this interlocked system, +intensified by supervening and dense fogs, speak only by groans and +death-knells. I have opposed this network of tracks because instead of +being an aid to travel and commerce, it is an actual obstruction of +them. The idea of doing the commercial business of a million people, or +one-half a million, with the accompanying passenger traffic, across nine +railroad tracks, carries with it a strong implication of the absurd. In +actual operation this<span class="pagenum"><a name="Page_186" id="Page_186">[186]</a></span> implication becomes an irritating reality. The +City Council has recognized the fact and prohibited the closing by any +railroad company of the mouth of any street for over five minutes; but +this is only a partial aleviation, and not the removal of the +obstruction or danger. Railroad No. 1 closes it for four-and-a-half +minutes; Railroad No. 2 closes it for four-and-a-half minutes; No. 3, +for the same length of time. The closing is really continuous. Thus +legally you can stand in the street, endure the slush and rain for at +least twelve minutes to study the beauties of nature and of an +enveloping fog, and enjoy the beneficence of the clouds in dropping +their garnered fatness down.</p> + +<p>The irritation arising from these causes will intensify with the +increase of population and the swelling of the volume of coastwise and +ocean commerce. Let the population of West Seattle reach twenty thousand +or more; let "the mosquito fleet" be doubled and ocean and coastwise +steamers be multiplied, with the consequent enormous, increase of the +volume of business—and the demand for the modification, or entire +abolition, of this irritating nuisance will become imperative. Some of +the railroads have wisely noted the indications of the coming storm and +have tunnelled under the city, deeming it cheaper to pay interest on +permanent tunnel investments, than to pay damages for slaughter and +injury on the avenue. Railroad Avenue is now used, to a great extent, as +a train make-up yard, as a switching-ground and as a depot for loaded +and empty cars. This will be continued with a constantly increasing +exasperation, until the City is compelled to re-purchase at an enormous +expense, that which was granted as a free gift.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_187" id="Page_187">[187]</a></span></p> +<p class="center"><span class="huge">The Great Seattle Fire</span></p> +<p> </p> + + +<p>June 6th, 1889, will ever be a memorable day in the history of +Seattle—that being the day of the Great Fire which, like a besom of +destruction swept out of existence a goodly portion of the embryo city. +Brilliant prospects, and glowing anticipations, evanished like the +rainbow amid the storm of fire. Nearly all the business houses were +reduced to ashes; or, if any portion of their roughly serrated and +toppling walls remained, they were a silent and menancing memento of the +fierce power of the fire-fiend. The fire originated in a paint shop, on +the water front near Madison Street, in the careless upsetting of a +flaming pot of varnish. There was a stiff breeze from the northwest, +constantly accelerated by the ever-increasing heat. The fire, easily +overcoming the heroic efforts of the Volunteer Fire Department, swept +south and southeasterly, crossing Second Avenue at the rear end of the +Boston Block, burning a large frame building immediately south of, and +abutting upon that block; thence, in the same direction southeast nearly +on a straight line, thus taking in the Catholic Church; thence onward to +the Bay, making a space swept by the fire a large triangle, with an area +of from thirty to forty acres.</p> + +<p>The Boston Block was saved through strenuous efforts of its tenants; +long scantling were carried by them into the hall on the second story. +Having raised the windows at the end of the hall, the south end of the +frame building burning first, we succeeded by our<span class="pagenum"><a name="Page_188" id="Page_188">[188]</a></span> united strength in +forcing the unburned portion over into the consuming caldron of fire to +the south. Thus the Boston Block, though somewhat scorched, was saved.</p> + +<p>Jacobs & Jenner had their law offices near the north entrance, and +during the progress of the fire many persons whose residences or places +of business were along its actual or threatened track, presuming on our +generosity and permission, brought armloads of portable valuables, +snatched by them from the very teeth of the fire, and in an excited +manner, placed them against one of the walls in the offices. So doing, +they rushed out in the hope of reaching their residences or places of +business again; but the surrounding wall of fire, with its intense heat, +forbade. Some of them soon returned and dropped into seats, and their +countenances were the pictures of sadness, sorrow and despair. I said to +one, a noble specimen of physical manhood and latent energy: "Sir, your +actions are unmanly; hope, even in your case, has not bidden the world +farewell; cheer up, sir—just before dawn the darkness is the deepest." +Within a year from that time my admonished friend was worth far more +than he was before the fire; and he often reminded me of my rebuke, as +he called it.</p> + +<p>Being satisfied that the offices, papers, library and furniture were +safe, I locked the doors and went up to my residence on Fourth Avenue, +where I had a commanding view of the progress of the fire.</p> + +<p>The view was grand but terrible—sublime but cruel. I never before was +so impressed with the idea of annihilation, as I was in viewing that +rolling, rushing, leaping and devouring volume or field of fire. In +other<span class="pagenum"><a name="Page_189" id="Page_189">[189]</a></span> days I had witnessed miles of fire, impelled by a fierce wind +rushing over a prairie covered with tall and dry grass; but it only +stirred within me the emotions of beauty, grandeur, and sublimity; there +was nothing in it of terror or desolation, nothing of the wrecking of +brilliant prospects, nothing of blighted hopes, nor of gloomy +disappointment intensifying into despair. Ever and anon, as the rushing +waves of the Seattle fire would roll over and envelope a drug or other +store where powder or other explosives were kept, a volume of flame +would shoot upward, with a deafening roar, towards the clouds, as though +claiming the storm-king as its kinsman.</p> + +<p>To the owners of lots in the burned district the fire was a blessing in +disguise. To them there was a smiling face behind a seemingly frowning +Providence. Even if they were the owners of the frail wooden structure +that had encumbered their lots, the structures added nothing to the +value; and the rapid and unprecedented increase in the value of their +holdings amply compensated for any losses by the fire. The real loosers +were the renters of shops, stores or saloons, where goods, tools, +materials and machinery were destroyed by the intense heat, or went up +wholly in flames.</p> + +<p>But a few families lived in the zone of the fire. As to them, many kind +hands soon removed their household goods beyond the danger-line.</p> + +<p>The district swept by the fire was the local habitation of the fallen +angels, hoboes, and gamblers, and of that large class whose particular +mode of subsistence is, and always has been, an unsolved mystery. The +fallen angels and the upper class of gamblers could take care of +themselves. The hoboes and the class of<span class="pagenum"><a name="Page_190" id="Page_190">[190]</a></span> mysterious subsistence-men were +afloat and hungry. Besides these, there were a large number of worthy +and needy persons whom it is always a pleasure for the good to help; +hence, a free-lunch house was opened in the Armory. There is always in a +free-lunch a fascination that tends to increase the number of applicants +therefor. This general law had no exception here. This led to a +stringent examination of the right of all who appeared to partake of the +generous bounty offered to the worthy and needy. This careful and +necessary scrutiny soon led to a stoppage of the free-lunch business. +The worthy in many cases needlessly took offense, and the baser order of +fellows were loud in their denunciation of the alleged selfishness of +the generous purveyors. The people of Tacoma promptly and nobly rushed +to the assistance of Seattle, with provisions and personal services. The +leading men of that city poured out their means lavishly and served as +waiters at the tents erected for the feeding of the multitude.</p> + +<p>Business soon revived with an enthusiastic rebound. The town was +scorched, not killed. It had passed through an ordeal of fire and was +found to be not wanting in true metal. Work was furnished for all +desiring it. The hoboes departed, and with them most of the +mysterious-subsistence men. The burned district has been rebuilt with +stately blocks of brick, or stone, or steel and cement, and its streets +and sidewalks have been paved with brick, stone or asphalt. Not a smell +of fire nor sight of wooden structure remains in this once ash-covered +and desolate district.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_191" id="Page_191">[191]</a></span></p> +<p class="center"><span class="huge">Game, Animals and Hunting</span></p> +<p> </p> + + +<p>With something of a reputation of a hunter, I have often been requested +by Eastern, as well as local sportsmen, to give an enumeration and +description of the game and wild animals in this State and in Oregon. I +shall confine myself exclusively to this State. I have heretofore +written a description and given an enumeration of the game and other +wild animals in both States, but I have neither the manuscript, nor the +newspaper which printed it. In again attempting an enumeration and +description, I shall add some of my personal experiences, as well as +those of others.</p> + +<p>There were no quail native to Washington or to Oregon, except the +southern portion thereof—save the mountain quail, a lonely solitary +bird, of about twice the size of the bob-white. Its habitat is the dense +copse or thicket. I have never seen them in flocks or groups, save when +the mother was raising her large family of young birds. When no longer +needing the mother's care, they pair off, and the young birds, or family +separate.</p> + +<p>They are very alert; they are great runners, but do not, unless hotly +pursued, often take to wing. When they do, they are swift flyers and +dart through the narrow openings in the tangled thicket with remarkable +celerity. The male bird is proud and rather aristocratic in his bearing, +and flourishes on his head a beautiful top-knot. I have bagged quite a +number of them, but have nearly always shot them on the run and<span class="pagenum"><a name="Page_192" id="Page_192">[192]</a></span> not on +the wing. They are not numerous. Their flesh is delicate.</p> + +<p>The California quail was brought into Washington at least fifty years or +more ago. Three of us—James Montgomery, Judge Wingard and myself—in +the fall of 1872 brought from Pennsylvania sixteen pairs of bob-whites, +which were turned loose on Whidby Island. This was, so far as I know, +the first and last importation of the bob-white to Washington. When +turned loose on Whidby Island, they gave every indication of pleasure in +being upon Mother Earth again. They ran about, jumped up in to the air, +scratched the earth and wallowed in the dirt, and had to all appearances +a play-spell, full of joy. They mixed readily with their California +congeres; they have spread over Western Washington, and are quite +numerous.</p> + +<p>The pheasant, or ruffed grouse, are natives of Washington. They were +very abundant in early days, but are fast disappearing. Being a bird +easily bagged, and the flesh being of delicate flavor, they are fast +vanishing before the advance of the settlements. The game laws may +arrest their slaughter and prevent their complete annihilation; but I +doubt it. The crab-apple, on which they principally feed, abounded in +all the valleys and in the moist and rich uplands. The ground where the +crab-apple tree flourished has been cleared and a portion of their food +supply has been cut off. The repeating shotgun is also helping to reduce +their number; and unless the game-laws are rigorously enforced, these +causes will soon sound their doom. Right here I am tempted to state that +the crab-apple of this country is entirely different in form and size +from the same fruit in the East. Here, it is not<span class="pagenum"><a name="Page_193" id="Page_193">[193]</a></span> round but elongated, +and is about as large as a good-sized bean.</p> + +<p>The woodcock is not an inhabitant of this State. The rail is rarely +seen; but the jacksnipe is very plentiful in the late fall and up to +mid-winter, when the great majority of them depart for warmer marshes. +They do not breed here. This bird, in its quick and upward bound and its +swift zigzag flights, is a recognized test of the sportsman's skill. +Snipes are often bagged here, but not in the romantic way. Snipe on hot +toast is a breakfast dish fit for a king.</p> + +<p>I had a sporting friend—a doctor—with whom I often went +snipe-shooting. This doctor was the best snipe-shot I have ever known. +His bag was always packed, while mine was comparatively lean. On one of +these occasions our trip was to a tide-marsh and island south of +Seattle. Early in the hunt we crossed a slough when the tide was out and +found the birds very numerous on the new hunting-ground. The doctor +brought them down right and left, while I was slowly increasing the +fatness of my pouch. The doctor's success and consequent enthusiasm made +him oblivious of the flight of time and of the movement of the tide. He +had patients to visit, and when the sun was disappearing behind the +western clouds and hills, he suddenly remembered his obligations to +them. When on our return we came to the slough, we found it full and +overflowing; the water was fully eight feet in depth and twenty feet or +more in width. There was a good deal of floating debris in the slough, +and the doctor, being a very agile man, leaped from log to log and +safely made the passage to the other shore. He said to me, "Come on, +Judge; you can easily make it." I told him that I had never prided +myself on my agility.<span class="pagenum"><a name="Page_194" id="Page_194">[194]</a></span> "Well," he said, "I will make a bridge for you;" +and with the use of a pole he gathered the floating logs together, so +that in appearance they looked like a safe bridge. But I said to him, +"Doctor, I have all the confidence in the world in you as a physician; +but you will excuse me,—I have no confidence whatever in you as a +bridge-builder." He said with a little impatience, "O, quit your +nonsense and come over; I will show you that the bridge is perfectly +safe;" so saying, he leaped upon it and disappeared in the water. He +soon re-appeared, however; and as he crawled up the slimy bank, the +water spouting out of him in every direction, I said: "Doctor, you look +very undignified." He answered, "You go to ——," politely called Hades. +I went down the slough, thinking he might be slightly out of temper, and +found a safe crossing. I rowed him home—issuing an occasional mandate +that he should take a certain medicine, of which I carried in my +breast-pocket, a bottle for such occasions. The good doctor has gone to +his long home. He sleeps in the bosom of his fathers and his God.</p> + +<p>Of the duck family the following species are abundant here: the teal, +the mallard, widgeon, pintail, canvasback, spoonbill, sawbill and +woodduck. The three last-named species breed in this country, but +migrate early in the fall. Formerly the mallard and teal bred here in +large numbers on the tide flats and on the marshes along the creeks and +rivers; but the advancement of the settler and the trapper, and the +hunter with his repeating rifle, has driven them from their accustomed +love-haunts, to the more secluded fens and marshes of the farther north. +Birds as well as humans are sensitive to disturbance in their +love-affairs. The canvasback is a late and temporary visitant of our<span class="pagenum"><a name="Page_195" id="Page_195">[195]</a></span> +lakes, marshes, and tide flats, on his journey to the south. He remains +for a time on that journey, and for a far shorter time on his return +north. The impulse of love impels him to the secluded fens and marshes +of the northland. The other species visit us in early winter, and are +mostly gone by mid-winter. Their stay is very brief on their return in +the spring.</p> + +<p>In 1869, and prior to that date, brants and wild geese—or honkers—were +very plentiful in the Puget Sound basin. The tide flats were their +favorite feeding-ground. They have been compelled by the advance of the +settlements to abandon them, and in lieu thereof, they have chosen the +wheat-fields in Eastern Washington. There has been no seeming diminution +in number of either brant or geese—simply a change in their feeding +grounds.</p> + +<p>The lonely cry of the loon, presaging storm or tempest, is heard from +the forest-environed lakes and waters of the Sound.</p> + +<p>The swan occasionally drops into our secluded lakes, and there alone, or +with his mate, remains, if the environments suit him and food is plenty.</p> + +<p>The pigeon is not numerous in Western nor, as I am informed, in Eastern +Washington. He is slightly larger and wilder than his congere of the +States. He is also of a deeper blue than his Eastern kinsman. He is only +semi-gregarious. I have never seen him in large flocks or in great +numbers together. He is not hunted much and is not valued as a choice +game-bird.</p> + +<p>The prairie-hen, or chicken, is not a native of and does not exist in +Western Washington. This excellent game-bird is very numerous, or was in +years agone, along the rivers and creeks in the valleys and on the +rolling uplands of the great Columbia River basin.<span class="pagenum"><a name="Page_196" id="Page_196">[196]</a></span> The incoming of the +white man, with his trained dogs and with his breech-loading and +repeating shotgun, has greatly diminished its numbers. Its +unacquaintance with the white man and his terrible instruments of +destruction made the bird an easy prey to the hunter. It was familiar to +the Indian, and presumably gauging fairly his destructive power, +constantly increased in number. The felon coyote was a far more +dangerous enemy, being a robber of its nest and devourer of its young. +The bird is slightly smaller and of lighter color than his Eastern +congere. These birds are much prized by the epicure for the rich +delicacy of their flesh.</p> + +<p>Corresponding in number but larger in size is the blue grouse, of the +fir and cedar forests of Western Washington. I hardly know how to +describe this bird—one of the finest of game-birds. His habitat in the +winter or rainy season is the dark, gloomy, and thick forests of fir and +cedar trees. There he dwells, possibly with his chosen mate, silently +and noiselessly, and in a state of semi-hibernation, until the genial +warmth of spring arouses his love, and he and his mate descend to the +sunny lowlands or ridges for the rearing of their numerous family. After +they have found a suitable or familiar location, the male selects some +fir or cedar tree, or clump of fir or cedar trees, in the vicinage, and +during the nesting season keeps up a continual love-call to notify his +presence, or by his silence or flight to warn her of threatened danger. +When the bevy of beauties are fully hatched, the male descends from his +eminence and spends his time in assisting care and watchfulness. Perched +on some tall tree in their immediate vicinity, he by calls warns his +mate of approaching danger, and by the direction of his flight indicates +a place of safety. His mate and the youngsters<span class="pagenum"><a name="Page_197" id="Page_197">[197]</a></span> soon follow, if able to +fly; if not, they remain under the care of the mother, deftly hidden +under the leaves or grass; after which, she often flies away by short +flights with simulated disabled indications, to invite pursuit; and thus +save her young. When the young are fully grown and strong of wing they +all depart for the deep woods, and no more is seen or heard of them +until the coming spring. Until the young are fully grown and the time of +their departure has arrived, they are often found in large bevies or +flocks; but when that time, late in the fall, has arrived, they silently +depart for their winter home.</p> + +<p>Killed in early spring, their flesh is so strongly tinctured with the +flavor of the buds of the fir and cedar, their winter food, as to be +unpalatable to most persons; but if killed in the fall, after a summer's +diet of insects, seeds, grain and berries, their flesh is of a delicious +flavor and greatly relished. This excellent game-bird, though decreasing +in number from the general causes already stated, will, on account of +its mode of existence, long escape the doom of annihilation.</p> + +<p>The sand-hill crane rarely visits Western Washington. He is more +frequently seen in the Eastern half of the State.</p> + +<p>There remains but one other game-bird for notice, and that is the +sage-hen of the sage-covered valleys and plains of Eastern Washington. +This bird does not exist west of the Cascade Mountains. It is +anti-gregarious, save as in the consorting cares of a numerous family. +When the young arrive at full growth they pair off and separate, and the +family relations are no longer recognized. If the males are less +numerous than the females, polygamy is allowed. This is a law, however, +that runs through many of the bird families.<span class="pagenum"><a name="Page_198" id="Page_198">[198]</a></span> The cock is a bird midway +in size between the common domestic fowl and the turkey, and has long +legs. He is a good runner. He rarely takes to the wing, and then only +when hard pressed. His flight is low but swift, and he soon drops to the +ground and speeds away on his legs to a place of safety. His food in +winter consists of leaves and buds of the sagebrush; and when killed in +the early spring his meat is too strongly impregnated with the rather +acrid and unpalatable flavor of the sage, to be relished; but if bagged +in the fall, after a summer's feeding on insects, seeds and grain, his +flesh is savory and delicious.</p> + +<p>I ought possibly, to make a brief statement, as to the Mongolian +pheasant, and the Chinese rice quail—both of which, in limited numbers +have been brought to Western Washington and turned loose here. Their +increase has not been as great as anticipated. In Oregon however, the +increase of the Mongolian pheasant has been phenominal. It abounds every +where in the great Willamette Valley. It seems to love an alternation of +grain fields and contiguous chaparral cover. It is emphatically a seed +feeder or graniverous bird. The female, with the nursing assistance of +the male, usually raises two large broods per year. This accounts for +its great and rapid increase under favorable conditions. In size this +bird is slightly larger than the prairie chicken—has long legs—is a +rapid runner—and when it takes to wing is a low and rapid flyer.</p> + +<p>In Western Washington the limited number of grain fields and the absence +of contiguous open ground—seems to be unfavorable to their rapid +increase. Still in the cultivated valleys where these conditions exist, +they are fact increasing in numbers despite the fact that they are an +easy prey to the pot hunter.</p> + +<p><span class="pagenum"><a name="Page_199" id="Page_199">[199]</a></span>Of the China rice quail, I know accurately, but little. There were for a +time a few flocks of these birds in the vicinity of Seattle; but they +have almost entirely disappeared. Whether such disappearance is +attributable to the lack of food or to the persistent activity of the +trap hunter I am not able to say. They preserve their family or flock +relations until late in the spring, and hence the bevy may be swept out +of existence by one successful fall of the trap. From my observation and +limited study of their habits, I would say that they were chaparral, or +tulie birds, with their choice habitat near human habitations. In size +they are slightly smaller than the bob-white and their flesh is +delicious.</p> + +<p>Washington is emphatically a game country. The hunter may here realize +his fondest hopes. The elk, mountain sheep or goat, deer, bear—black, +brown and cinnamon—cougar, lynx, wild-cat, in their native and +congenial habitat—I would not forget the wolf—can always be found. I +propose to notice each class briefly in its order.</p> + +<p>First, then of the Elk. The mountains, with their barren ridges, their +wooded slopes and sunlit coves of peavine, clover and nutritious +grasses, as well as the dark forests of the foothills, are their +congenial habitat. Rarely are they found in the lowlands, and then only +when they are forced from their mountain-home by the deepening snow. +They have been styled the antlered monarchs of the forests, and this +description is not inapt. If suddenly, within short range you startle +from their secluded sylvan couch a band of forty, fifty or more of these +antlered monarchs, with horns erect and every eye turned upon you as an +enemy, you are deeply impressed with the majesty of their bearing.<span class="pagenum"><a name="Page_200" id="Page_200">[200]</a></span> +Soon, in obedience to the danger-call of certain warning whistles, they +speedily form into line under some veteran and well-recognized-leader, +and speed away in single-file for miles, over a country impassable to +the hunter, before a halt is called. The hunter who does not improve his +chance effectively when the game is started from its couch has lost his +opportunity, perhaps forever.</p> + +<p>This noble game seems to love the Coast Range of mountains, and there +exists in large herds and numbers. This is especially true of the +Olympic Range. If this kingly game-animal is to be saved from utter +annihilation, stringent laws must not only be enacted for his protection +and preservation, but must also be vigorously enforced.</p> + +<p>Heretofore, they have been slaughtered in large numbers for their hides, +their horns and their teeth; while their carcasses have been left where +the life-struggle ended, to be devoured by the wolf, cougar, lynx or +wild-cat.</p> + +<p>While the mountains bordering on the Ocean seem to be preferred by this +antlered monarch, yet he may be found in considerable numbers on the +Cascade Range, especially on its timber-slope and in the dense forests +on its foothills.</p> + +<p>I have killed quite a number of these noble animals, but never, under +any circumstances, where I could not make uses of the carcass. I never +had, or experienced any joy arising from the mere love of slaughter. +With gun in hand, with hunter's blood in your veins, and noble game +within easy range, it requires a high degree of moral courage to refuse +to manipulate the trigger of your trusty rifle. With carniverous,<span class="pagenum"><a name="Page_201" id="Page_201">[201]</a></span> or +dangerous animals it is different; slaughter becomes a virtue and not a +vice.</p> + +<p>The habitat of the mountain sheep, or goat is on and around the barren +peaks and ranges of the higher formation of mountains. He is a wary +animal, hard to approach and difficult of shot. He is always so located +that a single bound puts him out of sight. If perchance, you could make +an effective shot as he leaps from narrow bench, to narrow bench, down +the rocky and steep side of the mountain, of what use would he be to +you?</p> + +<p>I have succeeded in killing but one. I have hunted the mountain +districts where they are plentiful, and I had determined to kill one if +possible. I hunted slowly, cautiously and stealthily. I frequently +caught sight of them leaping down the mountain side. At last I aroused +one from his couch and shot him on his first jump. He rolled down the +mountain-side a short distance, but with some difficulty I dragged him +to the top of the ridge. His meat was sweet, juicy and delicious, +greatly relished by all the party. I had, had glory enough, and never +specially hunted them again.</p> + +<p>The black, brown and cinnamon bear are natives of Washington, and their +numbers are in the order given. A bear is a semi-carniverous animal; he +lives on fish, berries, succulent and saccharine roots, larva, honey, +and is especially found of pork. He appeases his appetite for fish by a +nocturnal visitation of the rivers in which the salmon run, especially +in the salmon season; he roams through the woods in the berry season and +feeds on the toothsome food present in the forest. He unearths the +yellow-jacket's scanty storehouse of honey, and consumes it and the +larvae of the nest; he invades the farmer's domain and carries off<span class="pagenum"><a name="Page_202" id="Page_202">[202]</a></span> some +of his most promising porkers. The habitat of the brown, and cinnamon +bear is the mountains and their foothills. They are not often seen +unless you invade their solitary domain. I am not prepared to say what +is their principal food, but suppose it to be the same as their kinsman +the black bear.</p> + +<p>The cougar is a native of this State and can be found where dense +thickets and dark forests exist. He is a sly, skulking and treacherous +animal, mostly nocturnal in his destructive visitations. I have often +gone on a brief hunting-trip into the foothills of the mountains when +they were slightly covered with snow, and a dense fog would settle down, +obscuring all landmarks; but, in obedience to a safe rule, have retraced +my steps to the foot of the hills on my return home. On several of these +occasions I have found that a cougar had come upon my trail shortly +after I had entered the hills, and had stealthily and continuously +followed me up to within seven, or eight rods of the point of my return. +When I commenced my return, he, no doubt, leaped off into the covering +brush, and, although sharply looked for by me, the dense fog and the +thick brush hid him from my view.</p> + +<p>The cougar is strictly a carniverous animal. His principal food is the +deer; and it is said that he requires two a month for his subsistence. +That he is a good feeder is evident from the fact that he is always +sleek and in excellent condition. He has a great love for the meat of +the colt, and is consequently a terror to breeders in that line. He is +not a hater of veal or pork, but does not prefer the latter.</p> + +<p>He is generally considered a dangerous animal, and numerous are the +stories told of fortunate escapes from his ferocity. Many of these +stories have<span class="pagenum"><a name="Page_203" id="Page_203">[203]</a></span> no foundation other than the surrounding darkness, the +rustling of the leaves, or the twigs by the wind, and a lively +imagination. While some of these narrations have an element of truth in +them, they are generally greatly exaggerated. But let me be understood +that when he is pressed by hunger and famished for want of food, I do +consider the cougar a dangerous animal. Few, however, are the reliable +accounts of his attacks on the lonely traveler in the woods, even under +such conditions. Two instances have occurred since my residence in the +Puget Sound Basin, which, from my acquaintance with the parties, I am +willing to vouch for. A friend temporarily stopping at Mukilteo desired +to go to Snohomish City, a distance on an air-line of about six miles; +there were two routes—one, by steamer or canoe, of full twice that +distance; the other by trail almost directly through a dense forest. +Being an expert woodsman, he chose the latter route. He was unarmed, and +had not even a pocket knife. He spoke of his defenseless condition on +the eve of his departure, but he feared no danger. He had proceeded +about a mile-and-a-half on his journey when, in a dense fir and cedar +forest, he met a cougar in the trail. The animal commenced stealthily to +crawl towards him after the manner of the cat approaching his prey, +purring as he came. My friend made a loud outcry, but this did not +interrupt the cougar's slow and stealthy approach. It would have been +more than useless to run—so he braced himself for the final spring. +When the animal came near he stood sideways to the brute; and when the +cougar made a spring, he presented his left arm and the cougar seized it +midway between the wrist and the elbow, and pushed him hard to throw him +off his feet, but failed. Being a strong and muscular<span class="pagenum"><a name="Page_204" id="Page_204">[204]</a></span> man, and his +right arm being free, he struck the cougar on the nose, a hard blow with +his clenched fist. The cougar, however, kept his hold. Summoning up all +his energy, he struck the second blow on the nose of his enemy, and +while it drew blood the cougar still held on. Satisfied of the +insufficiency of such a mode of defense, and casting his eyes about him, +he saw a portion of a cedar limb standing upright in the brush several +feet from him—the limb being about two inches in diameter and three +feet in length—and he suffered the cougar to push him in the direction +of the limb. Having obtained it, he struck the cougar a powerful blow +across his face, and, although the cougar winced some, the effect was +for the animal to sink his teeth deeper into the imprisoned arm. My +friend concentrated all of his energy and struck a second blow with his +club. This blow was temporarily stunning and effective. The cougar +released his hold on the bleeding arm and, dazed somewhat, disappeared +in the surrounding forest. My friend retraced his steps to Mukilteo, now +a suburb of the busy and prosperous City of Everett.</p> + +<p>One more instance: A gentleman of the name of Cartwright was in former +years an extensive logger on the Snohomish River in the Puget Sound +basin. At the time of the occurrence I am about to relate, he had a +large logging camp about three miles above Snohomish City. There had +been a deep fall of snow, and he left his home and went to the +logging-camp to see how the operation was affected by the unusual snow. +On his return late in the afternoon, he met a large cougar in the +snow-beaten trail. The cougar slowly approached him in the manner +described in the first instance. Mr. Cartwright was wholly unarmed; he +tried<span class="pagenum"><a name="Page_205" id="Page_205">[205]</a></span> to alarm the cougar by a wild outcry, but to no purpose, so far +as the cougar was concerned. Some sixty rods away there was a bachelor's +cabin. The bachelor had three fierce dogs and they promptly answered Mr. +Cartwright's signal of danger; and their master, being at home, urged +them to the rescue. When their welcome bay approached, the cougar ceased +his purring, stood up, and soon leaped off into the dark forest and +disappeared, very much to Mr. Cartwright's relief. He presently reached +the river, unmoored his boat, and with the aid of a strong current soon +reached his home.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_206" id="Page_206">[206]</a></span></p> +<p class="center"><span class="huge">An Experience of My Own</span></p> +<p> </p> + + +<p>In the summer of 1855, I accompanied a hunting and fishing party, high +up into the Cascade Mountains. Our route was along the Santiam River, +and we made our final camp, at the west end of a narrow prairie, that +stretched along for over a mile at the foot of the mountain ridge, on +the south side of the river—a short distance beyond, was the highest +table land, or dividing plateau of the mountains. The fishing was +excellent—the hunting—it being the month of August, was indifferent; +because the black-tailed buck at that season was lying in some sunny +spot on the mountain side near water and grass—hardening his horns.</p> + +<p>My companions in wandering or climbing along the brush covered sides of +the mountains, had several times started a large buck who passed down +the sides of the mountains by, to him, a well known but secret trail, +and crossed the head of the narrow prairie, and then dashed through the +thick brush by an accustomed trail to the river below. The space between +this prairie and the river, was a succession of descending benches. +These benches had before this time been covered with a very thick growth +of fir. When this fir had reached the height of eight or ten feet, a +fire ran through, and killed nearly all of it, and another growth of fir +had sprung up, making the descent to the river an almost impassable +tangled mass. As we were out of venison, it was proposed that I take +two<span class="pagenum"><a name="Page_207" id="Page_207">[207]</a></span> rifles and go to the head of this narrow prairie, while my +companions should go up on the mountain side, and by the making of a +great deal of noise, start this buck from his sylvan retreat, and when +he came down the mountain and crossed the upper end of the prairie, I +should improve the opportunity to kill him. The plan worked admirably. +He came through the thick brush on the mountain side, and dashed across +the prairie. When he was nearly opposite to me, I fired at him with my +own rifle, but struck him a little too far back. Before I could get the +second rifle in my hands, he was in the brush and out of sight. I +reloaded my own rifle, and went to the spot where he was when I fired, +and I found that he was shot through the lungs, because the blood came +out in sprays; and as it came out on both sides the bullet had +evidently, passed through him. I followed him up slowly, by crawling +through the brush—sometimes on my hands and knees, and at other times, +after the manner of a serpent. He stopped frequently. When he did, he +left a small pool of blood. My judgment was that the bullet struck him +while he was stretched out, and that the skin closed at time over the +mouth of the wound; and that he was bleeding internally—I concluded +that as soon as he attempted to go down a steep incline, the blood would +rush forward and smother him.</p> + +<p>I approached a gully or deep ravine, which he must cross, and I +carefully kept a big ash tree, that stood on the rim of the gully, +between me and the gully. When I arrived at the tree I stealthily looked +down into the gully and saw the buck in a small open space, and also a +large cougar, standing along his back intently looking at him in the +face. I muffled<span class="pagenum"><a name="Page_208" id="Page_208">[208]</a></span> the cock of my rifle, and soon sent a bullet through +the cougar's head. He fell beside the dead buck. Disregarding the safe +rule of the hunter, without loading my rifle, I slipped down the steep +incline and with the breech of my rifle I straightened out his tail, and +was just in the act of pacing to ascertain his length from the tip of +his tail to the end of the nose, for that is the hunter's rule for +determining the size. Just as I was in the act of doing this, a small +quantity of fine white bark fell on me and all around me, I looked up +and on a large limb of the ash tree, nearly directly over my head, I saw +a female cougar. Her hair was raised up, her back bowed, and her tail +rolling. She was crouched for a spring. I kept my eyes upon her, raised +my powder-horn to my mouth and pulled out the stopper with my +teeth—then felt for the muzzle of the gun and poured until I thought I +had powder enough, and soon after found that I did have plenty. I then +took a bullet out of my pouch and rammed it down without a +patch—dropped the ramrod to the ground and put a cap on the nipple. +Then I gently raised the gun towards her, and she showing a good deal of +agitation, drew herself up into a menacing attitude as prepared to +spring—but I quickly fired and she came from the limb seemingly leaping +as though she had not been struck at all. I jumped back a few feet, but +her nose brushed me as she was descending to the ground. She fell dead +at my feet. I had my hunting-knife in my hand ready to plunge it into +her if she moved—but the bullet had done its work effectually.</p> + +<p>I have always been of the opinion that I shot her just as she was in the +act of making a leap upon me. I loaded my rifle and then crawled to the +top of the<span class="pagenum"><a name="Page_209" id="Page_209">[209]</a></span> gully, and my companions soon joined me. I rehearsed my +adventure to them, and after so doing, one of them went for a pack-mule, +while the others sought out a passable route through the brush to the +prairie. The mule protested against his load, but blind-folding allayed +his fears.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_210" id="Page_210">[210]</a></span></p> +<p class="center"><span class="huge">A Battle Rarely Seen</span></p> +<p> </p> + + +<p>Late in the fall of 1867, I accompanied the Hon. P. P. Prim, who was +District Judge for Jackson and Josephine Counties, Oregon, from +Jacksonville to Kerbyville—the county seat of Josephine County—to +attend a term of court to be held at Kerbyville in the last named +county. The Honorable James D. Fay, and also other lawyers accompanied +the Judge to Josephine court. There had been high water and sweeping +floods which had rendered the crossing of the Applegate River on the +bridge, which was located about two miles above the Applegate's junction +with Rogue River, dangerous and impassable. So as we were making the +journey on horse back, we crossed Applegate about twenty miles above the +bridge and pursued our journey along and over the foothills on the left +bank of the river, intending to stop at a hotel on Slate Creek on the +left bank of the Applegate, and on the north bank of said creek about +two miles from said hotel. Passing across the mouth of a cove in the +hills, we heard to our left a noise, and looking in that direction, we +saw a female cougar and a mealy-nosed brown bear engaged in a bloody +battle. We stopped and watched the fight for about half an hour. The +battle ground was on a gentley sloping grass-covered side hill. The bear +persistently kept the upper side. The cougar kept in front of him. The +cougar was forcing the fighting. The battle proceeded with almost +regular rounds. The cougar paced back and forth in front of the bear +for<span class="pagenum"><a name="Page_211" id="Page_211">[211]</a></span> a few moments; the bear intently watching her movements, when she +would make a spring; the contact was furious. Sometimes they would seize +each other with the jaw-hold, and to our astonishment the cougar was +more than a match for the bear in this hold, and the bear made every +effort to break it—throwing himself upon the ground, and digging +furiously into the cougar with the claws of his hind legs. By these +means he would speedily break the jaw-hold of the cougar. The hold +having been broken, and the combatants having separated, the cougar +would pace back and forth in front of the bear for a few moments and +then leap upon him again. Sometimes the bear would hug the cougar +closely, and use the claws of his hind feet with terrific effect. Thus +the fight proceeded. Both were covered with blood. The bear would +quietly sit during the intermissions in the fight. As the day was fast +waining, we left them still fighting, determining that we would go to +Slate creek—cross it—get some rifles from our host, and then return; +but when we came to Slate creek, we found it a raging +torrent—overflowing its banks, and spreading out over its narrow +valley. Our host, anticipating our coming, had selected a place for our +crossing of the creek. We had to swim our horses across the dangerous +current for some twenty or twenty-five feet, and although we +successfully made it, yet we were thoroughly wet. Although our host +having hunter's blood in his veins, was anxious to go to the scene of +the conflict, yet we so dreaded the crossing and re-crossing of Slate +creek that we denied ourselves the pleasure.</p> + +<p>On our return about a week afterwards two of us stopped over at our +friend's, and went with our<span class="pagenum"><a name="Page_212" id="Page_212">[212]</a></span> host out to the battle ground; but we found +no trace of either combatant.</p> + +<p>On my return to Jacksonville I wrote up and published an account of the +battle—it was signed by all who witnessed the fight—but I have not the +manuscript nor its copy.</p> + +<p>We all had our opinions of the cause of the conflict. The prevailing +opinion was that the bear had been interfering with the young of the +cougar.</p> + +<p>The lynx, and wildcat may be briefly noted. They are both nocturnal +marauders. They are rarely seen in the daytime. Either of them located +in a dense copse near the ranch or farm, with a forest-reach beyond, is +a pestiferous nuisance which must be abated with a gun, dog, or trap, +before either lamb, pig, or chicken is safe. I do not believe in +poisoning. It is cowardly and dangerous.</p> + +<p>The wildcat is an intractable and untamable animal. His ferocity is +never softened under the influence of kindly treatment. He is the +concentrated embodiment of spite and viciousness. Chained, it is always +dangerous to get within the inner circle of the metallic tether. He is +the pest of the deer-hunter. There is no mode of hanging up your game, +if you leave it in the woods over night, which is safe from the thieving +of this ever-hungry marauder.</p> + +<p>On two occasions, I have found him seated on the hams or saddle of my +suspended venison, and I have shot him. On the last occasion, I did not +kill but severely wound him. I approached him. He was fiercely on the +warpath and tried to get to me. I put a bullet through his brain and +ended his warlike career.</p> + +<p>Two species of wolves are natives of Washington—the everywhere present +coyote, and the large dark-gray<span class="pagenum"><a name="Page_213" id="Page_213">[213]</a></span> wolf of the mountains. The coyote does +not in any considerable numbers visit the Puget Sound basin, or +tributary country west of the Cascade Mountains. His choice habitat is +the sage-brush plain, and the grassy undulations of the great Columbia +River basin. The mountains and their rough and sunless canyons are the +habitat of the large dark-gray wolf. He also loves the depressions in +the high mountain ranges where there exists usually an alternation of +marsh and thick forest. His dismal howl may nearly always be heard amid +the solemn stillness of these places. It was and still is dangerous to +tether or hobble your horse in such a place, as the early immigrants +learned to their sorrow. Many a fine animal was hamstrung or seriously +wounded. Large packs of these wolves often follow the deer, their usual +prey, to the foothills and outlying settlements. While the wolf in this +country is not considered an animal dangerous to man, yet, when driven +from his mountain home by hunger, and he assembles in packs in the +foothills and low grounds, he may be and probably is dangerous. An +experienced hunting friend of mine of the name of Taylor lived on a +ranch, in the early pioneer days, about a mile south of the now busy and +prosperous town of North Bend, in King County. This small but fertile +valley in which his pioneer home was located, lay near the base of the +foothills of the Cascade Mountains. It was his custom, after a light +fall of snow, with his trusty rifle in hand, to mount his favorite +riding horse, and, with a pack animal at his side, to go to the timber +skirting a prairie adjacent to the foothills, to kill from one to three +fat bucks, and to return the same day. On one of these occasions, +carefully hunting three or four hours for game, he found no<span class="pagenum"><a name="Page_214" id="Page_214">[214]</a></span> deer, but +saw plenty of wolf tracks. He concluded that there had been an invasion +of his hunting ground by mountain wolves, and a departure of the deer +for safer feeding grounds. He immediately commenced his return to the +trail where his horses were tied. Soon, however, he heard the patter of +feet and saw a slight movement in the brush on every side of him. A +closer observation showed that he was encircled, by from fifteen to +twenty mountain wolves. Although a man of nerve, he confessed that he +was somewhat alarmed. His situation was a novel one to him. He had a +muzzle loading rifle, as he had always refused to adopt the repeating +rifle because of its alleged want of accuracy. As the wolves were slowly +contracting the circle surrounding him, he concluded to tree. He did so, +taking his rifle up with him. The wolves formed a circle about the tree +and, sitting or slowly moving about, looked intently at him as if in +expectation of their coming feast. Solemnly contemplating the situation, +and its possible dire results, he concluded to try the effect of a shot +upon this hungry pack. Quickly suiting the action to the resolve, he +sent a bullet crashing through the brain of one of the larger ones. The +animal leaped into the air and fell dead. Its companions rushed upon it +and fiercely tore its body to pieces. Finding that his first shot was +ineffective for rescue and quickly deciding on a theory different from +that which prompted the first shot, he sent a bullet into the abdomen, +of one of the sitting and waiting animals. This always produces a +stinging, writhing and painful wound. The animal struck, leaped into the +air, wheeled around several times, and then, with a dismal and alarming +howl, started off, his companions with him, on that "long gallop that +can tire<span class="pagenum"><a name="Page_215" id="Page_215">[215]</a></span> the hound's deep hate and the hunter's fire." My friend, thus +fortunately relieved from his imprisonment, quickly descended from his +perch and hastened with anxious steps to his horses—and then to his +home.</p> + +<p>The most valuable and useful of all the game family to man, and +especially to the pioneer, was and is the deer. Without venison the +table of the pioneer would be lacking in one of life's choicest and most +sustaining food. Of beef, pork and mutton, in any of their various +forms, he had none. The rifle was his purveyor; a table furnished with +delicious venison, the realization.</p> + +<p>Deer are everywhere to be found in this State, and especially in the +wooded country west of the dividing-ridge of the Cascade Mountains. +While he likes open ridges and sunny coves as a roaming or +feeding-ground, a dense thicket or sylvan bower is the deer's dormitory.</p> + +<p>I can say, without a breach of modesty, that I have been a great +deer-hunter. I have found him in larger numbers on the islands of the +Sound, than elsewhere. On one of these islands, Whidby, I found quite a +number of pure white, and also spotted or, to use the popular +expression, calico deer. Before this I had doubted somewhat the +existance of the pure white deer; but while hunting on that island I +came in view of a large five-pronged white buck, a spotted doe—his +seeming companion—and two calico fawns. I saw them from ambush, and my +first impression was to shoot the buck; but I hesitated, and finally +concluded not to do it. After observing them for some time, I alarmed +them and they disappeared in the contiguous woods. After their +departure, I went to the ranch of a pioneer-friend, and I found that he +had in a small<span class="pagenum"><a name="Page_216" id="Page_216">[216]</a></span> park a pure white buck and five does—some spotted, and +others of the ordinary color. I learned from him that the progeny of the +buck in a great majority of cases was of the usual color—sometimes +calico, but rarely pure white. I tried to purchase the only pure white +fawn—offering fifty dollars for it—but he refused.</p> + +<p>Deer were so plentiful in pioneer days, especially on the islands of the +Sound, that the pioneer had to fence against them. These fences were +from ten to twelve feet in height, and, as one expressed it, made +water-tight. The deer is very fond of growing oats, of potatoes, which +he readily digs with his sharp hoofs, of cabbage and lettuce, and other +products of the field and garden.</p> + +<p>The cougar, the wolf and the lynx, the natural enemies and destroyers of +the deer for food, do not exist on the islands; hence their large and, +if left to natural causes, their constantly increasing numbers.</p> + +<p>The deer on the islands of the Sound, as a general rule, are smaller +than those on the mainland; and my observation is, that they increase in +size as you go back from the shores of the Sound, through the continuous +woods, to the foothills and mountain-slopes.</p> + +<p>All of the deer in this State belong to what is familiarly known as the +black-tailed family. It is not common in the great basin of Puget Sound, +including therein all of the country west of the dividing-ridge of the +Olympic Range, to find and kill a deer decidedly fat. In Southern Oregon +I have killed what was called bench-bucks, as fat as any mutton I ever +saw; but the ridges and foothills where they roam were covered with oak +timber, which produced an abundant supply of<span class="pagenum"><a name="Page_217" id="Page_217">[217]</a></span> acorns, of which they are +very fond and upon which they plentifully feed. Such food is rich and +fattening. There are no oaks or acorns in this State; at most, they are +so exceptional as not to deserve notice.</p> + +<p>Lingering along the snow-line in the mountains, and ascending and +descending with it, is a species of deer known as the mule-deer. He is +so called for two reasons: first, many males have dark stripes across +their shoulders and the same kind of stripes across the loin; the +mule-deer has the same; secondly, the mule-deer has enormous ears, +equalling, if not exceeding, in size those of the mule. His head is more +like a calf's head than that of a deer. He frequently reaches in weight +two-hundred-and-fifty and even three hundred pounds. He is king of the +deer family. He is not often shot, as he is known, only, to the hunter +and the adventurous pioneer.</p> + +<p>This concludes my brief account of the game and other animals of +Washington. Well-considered laws have been passed by the Legislature for +the protection and preservation of the useful, and for the destruction +of the non-useful and dangerous animals. It is hoped that these laws may +be thoroughly enforced.</p> + +<p>During my residence on the Pacific Coast I have, on invitation, +delivered many addresses before Bar Associations, County and State; +before Odd Fellows' and Masonic Lodges and Literary Societies. I have +pronounced obituary addresses on the life and character of persons of +National, State, and local reputation. Many of these I have in +manuscript. I give here an address on reminiscences of the Bench and Bar +in early days, delivered before the Washington State Bar Association at +its meeting in Seattle in July, 1894:</p> + +<p> </p> +<p class="center"><span class="big">ADDRESS.</span><span class="pagenum"><a name="Page_218" id="Page_218">[218]</a></span></p> + +<p class="blockquot">"Called upon at the eleventh hour to fill the place of one well +qualified by education, by experience and by a wider and more +extended observation than myself in the field of legal +reminiscences, I feel some-what the embarrassment of the +situation. The Committee showed the highest appreciation of the +fitness of things and of persons, when they made my friend, now +recreating in the sunny clime of California, their first choice +for the pleasing task now, unfortunately for the Association, +devolved upon me. It is a case of devolution, not evolution. I +possess not that gravity of countenance, nor that dignity of +demeanor, nor that solemnity of vocal utterance, so necessary +to give full zest even to a well-told tale. My absent friend +possesses these qualities in a high degree.</p> + +<p class="blockquot">"In every new and sparsely-settled country there is always a +closer social intercourse between the Bench and the Bar, and a +greater freedom of utterance, than in after-years. When +population increases to the dimensions of a Commonwealth, and +costly Court Houses are built, there is connected with every +Court-room, a sort of 'holy of holies,' from which the Judge +emerges in the morning and, after the crier performs his +duties, into which he enters at night. This may, and probably +does, aid in the dispatch of business, but it operates as an +effectual curtailment of that free-and-easy social intercourse +which once existed. We rarely see the Judge now except when he +is fully clad with judicial thunder. I do not know that I +desire a full return of the customs of other days, but I would, +if I could, check this tendency to social isolation.</p> + +<p class="blockquot">"In those good old days, my absent friend was discussing<span class="pagenum"><a name="Page_219" id="Page_219">[219]</a></span> a +motion before his Honor, Judge Greene, involving the question +of whether certain alleged facts amounted to fraud. In support +of his contention, my friend was reading copious extracts from +<i>Browne on the Statute of Frauds</i>. In doing so, he was +constantly calling that author's name Brown-e? 'Why do you +call that name Brown-e?' asked the Judge. 'It is spelled,' +answered our friend, with charming gravity, 'B-r-o-w-n-e; if +that is not Brow-ne, I would like to know what it does spell?' +'I spell my name,' said the Judge, 'G-r-e-e-n-e. You would not +call me Gree-ne, would you?' 'That depends,' replied our +friend, 'on how your Honor decides this motion.' The Judge +waived the contempt and joined in a general laugh.</p> + +<p class="blockquot">"It is a delicate matter to discuss the qualities, mental and +otherwise of a living and honored brother, and I hope to be +pardoned for the following: Wit and humor, though distinct, are +often confounded. The grave and solemn man is often full of +humorous conceptions. He suppresses their utterance sometimes +with difficulty. He consumes them in an internal feast of +pleasure. It is an exhilerating, but lonely feast. In this +there may be a tinge of selfishness; but we will not condemn. +But when he opens the mental throttle and allows them to flow +forth, they give pleasure to all and continue as a pleasant and +fragrant memory. Judge Greene, though not a wit, is full of +humor. His description of an 'Inspector afloat,' in an +Admiralty case in this then District, in which he contrasted +what an Inspector afloat ought to do and see with what this +Inspector did not do or see, is an admirable specimen of +genuine humor. I believe that it was published at the time, but +I presume that only a few of my hearers have ever seen it. It +ought to be republished. It is<span class="pagenum"><a name="Page_220" id="Page_220">[220]</a></span> worth preserving. It was +possibly this latent trait in the Judge's mental constitution +that led to the following scene:</p> + +<p class="blockquot">"There was an attorney at Steilacoom, where Court was then +held, of the name of Hoover. He was a bright, active young man, +but his chirography resembled, in illegibility if not in form, +the Egyptian hieroglyphics. He filed for a client an answer to +a complaint. The Honorable Frank Clark, attorney for the +plaintiff, demurred to it, because it did not state facts +sufficient to constitute a defence; in fact, did not state +anything; that if it did, it was wholly illegible and past +finding out. As soon as Mr. Clark had finished reading his +demurrer, the Judge, who prided himself on his ability to read +all forms of handwriting, asked Mr. Clark to hand the answer to +him, saying that he thought he could read it. It was handed up +to the Judge. He read the first line in the body of the answer +all right, but utterly broke down on the second line. He scaned +the remainder of the answer deliberately and with care, then +handed it to Mr. Hoover, asking him to read it; the Judge +meantime watching him with an intensified if not admiring gaze. +When Mr. Hoover had finished the Court said, 'Mr. Hoover, hold +up your hand.' Mr. Hoover did so, and in that solemn position +the Court swore Mr. Hoover as to the correctness and +truthfulness of his interpretation of that answer. Mr. Hoover +has since left the profession of law and gone into the more +lucrative business of banking. On account of the unjust +criticism sometimes made on my own hand-manual, I feel inclined +to treat him kindly.</p> + +<p class="blockquot">"There may be a dash of the <i>ego</i> in the following +reminiscences, but it will be seen that I was but the<span class="pagenum"><a name="Page_221" id="Page_221">[221]</a></span> incident +or subordinate actor, or more the victim, than otherwise.</p> + +<p class="blockquot">"While the Third was my Judicial District, I was ordered by the +Legislature of 1869 and 1870 to hold Court in the Second as +well. The docket at Vancouver, for various causes not necessary +for me to mention, had become very much clogged. There were +over two hundred cases, civil and criminal, awaiting trial. The +Legislature gave me six weeks to clear up that Docket. I went +to Vancouver a little out of humor from the imposition of +double duties, but with the determination to accomplish the +task within the alloted time, if continued and sharp work would +do it. I made myself something of a judicial tyrant during that +term. I ran Court from eight o'clock in the morning, with +evening sessions often extending until twelve o'clock at night. +Motions and demurrers were read, and I heard only the party +against whom I was inclined to rule on the reading. I took +nothing under advisement. I limited the time of address to +juries, adjusting the time according to the importance of the +case and the character of the rights involved. The local and +visiting Bar showed their appreciation of the situation and +wasted no needless time in the direct, or cross-examination of +witnesses. We finished up our work on the last day of the +alloted time, and of all that mass of cases heard and finally +determined at that time, not one was taken to the Supreme +Court.</p> + +<p class="blockquot">"Quite a number of amusing incidents occured that tended to +relieve the monotony and lighten the burden of our labors. By +your permission, I will relate one.</p> + +<p class="blockquot">"A man had been indicted for a grievious assault and battery. +The alleged place of the assault was in the woods near the +northern limits of the town. The<span class="pagenum"><a name="Page_222" id="Page_222">[222]</a></span> second witness for the +prosecution was a school teacher from Washougal. He was a tall +and lank man, with high cheek bones, sunken cheek and eyes, and +sandy hair. He had about him an air of conscious superiority. +After he had been sworn, he advanced to the witness-stand which +was directly to my right. Before he took his seat, however, he +courteously bowed to me and, with a dignified waive of his +hand, saluted the Court. The following was his description of +the assault and battery:</p> + +<p class="blockquot">"'The prosecuting witness was sitting calmly and sedately on a +log, when the prisoner approached with stealthy yet intrepid, +steps, until he approximated in close proximity to his person, +sir'—The Court interrupted: 'If you can get along without +making a stump speech, we will be very much obliged to you.' +'Thank your Honor,' he responded. 'Proceed,' said the Court. +'As I was remarking, the prosecuting witness was sitting calmly +and sedately on a log, when the prisoner approached with +stealthy, yet intrepid, steps, until he approximated in close +proximity to his person, sir, when he reached forth his digits +and fastened them in the capillary filaments of the +prosecutor's head, and then, with a tremendous jerk, laid him +prone and prostrate on the ground; then he lifted his heel high +in air and sent it with such force and violence into the +countenance of the prosecutor that it has left an impression +indelible to this day, sir.' 'That will do,' said the Court; +'You can go.' He arose with a courteous bow to the Court and a +wave of his right hand towards the Bar, said: 'Thank your Honor +for releasing me from the impertinence of these attorneys.' And +he proudly walked out of that court house. The Court +surrendered<span class="pagenum"><a name="Page_223" id="Page_223">[223]</a></span> its dignity for a time and joined in the storm of +laughter.</p> + +<p class="blockquot">"Pierce County, now a model of intellectual and moral progress, +with a thrifty, energetic and law-abiding population, was, in +early Territorial days, a hotbed of local feuds frequently +resulting in homicide. She had no Tacoma, then, to control the +spirit of lawlessness and to teach her citizens that life's +truer conflicts are different, and nobler. This County was in +the Third Judicial District, over whose Courts I had the honor +to preside for six years. At one of these terms of Court a man +of the name of Walker was indicted for the murder of his +nearest neighbor. Walker and his said neighbor were both +unmarried and lived in cabins not far apart. Both were +stock-raisers, and both were well advanced in years. No one saw +the killing and it was, therefore, a case of circumstantial +evidence.</p> + +<p class="blockquot">"The body of the neighbor, when found, lay near a gate that +entered Walker's pasture-field, and the right side, from the +shoulder down to a point opposite to the navel, was perforated +with shot. I will not attempt to state the circumstances on +which the prosecution relied; suffice it to say, they pointed +with a good deal of force to the guilt of the accused; but I +will not say, in opposition to the verdict of the jury that +they excluded every hypothesis of innocence. The prisoner was +ably defended by Judge Wyche, James McNaught, Irving Ballard +and Gov. Wallace. The Honorable C. M. Bradshaw was the +prosecuting attorney, and he was ably assisted by the Hon. +Frank Clark. The trial occupied the attention of the Court for +four days. On the second day of the trial, a lady tastefully +dressed, but closely veiled, entered the Court with the +prisoner's counsel, and, when the prisoner came, took a seat +by<span class="pagenum"><a name="Page_224" id="Page_224">[224]</a></span> his side. She was evidently a stranger, and 'who is she?' +was on the lips of everyone. At the noon recess it was learned +that she was the daughter of the prisoner. Day by day she +appeared, took her accustomed seat, and remained a silent and +mournful listener to the damaging testimony given against her +father. At noon of the fourth day I thought the testimony was +all in. At the call of the Court after recess I was somewhat +astonished by the announcement of Judge Wyche that he wished to +put one more witness on the stand. I was still more surprised +when he asked, this daughter, to take the witness-stand. She +moved across the room in front of the large audience in a +dignified and graceful manner, her face still veiled. Before +she was sworn, Judge Wyche requested her to remove her veil, +and she did so, revealing a countenance beautiful, intelligent +and sorrowful. Judge Wyche asked her to state her age. She +answered, twenty-four. Ques. 'What relation are you if any, to +the prisoner?' 'He is my father.' Ques. 'Before you came here, +how long had it been since you last saw your father?' Ans. +'About fifteen years.' Ques. 'Are you married?' Ans. 'I am.' +Ques. 'What is the object of your visit here?' This question +was objected to, but I let it go in. 'I came,' she said, 'to +persuade my aged father to go back and live with me in my +eastern home, so that I could smooth his pathway to the tomb +with a daughter's love and affection; but to my sorrow and +astonishment, when I arrived I found him on trial for his +life.' She was about to proceed, but the Court stopped her. +Then Judge Wyche said: 'I want to ask you one more question. I +presume that it will be objected to and you need not answer +until the Court permits you to do so. Taking into consideration +all that you have stated<span class="pagenum"><a name="Page_225" id="Page_225">[225]</a></span> and all that you may know in the +past, as well as in the present, of your father, what is your +opinion of his sanity?' 'We object,' came quick and sharp from +Mr. Clark; but, as he did not arise to argue the objection, +Judge Wyche made a clear and cogent argument in favor of the +admisability of the testimony, admitting that the authorities +were in conflict, but claiming that the better reason was in +favor of its admission. In conclusion, he repeated the +testimony of the witness and drew a brief but pathetic picture +of her melancholly condition. His emotion seemed to intensify +as he proceeded, until they became too great for utterance, and +he resumed his seat amid the profound silence of the +court-room.</p> + +<p class="blockquot">"Frank Clark, who had watched this performance with the keen +eye of an connoisseur, immediately arose to reply. He did not +waste much time on the legal proposition, but addressed himself +to the concluding portion of Judge Wyche's argument. He said +the learned counsel for the defendant, had drawn a pathetic and +melancholly picture; then with a voice trembling with seeming +emotion, he asked: 'Did the learned counsel say anything about +the poor, lone man who fell on yonder plain, pierced by many +cruel shots, with no daughter near to receive his last blessing +or to close his eyes, fast glazing in death?' Seemingly +overcome with emotion, he resumed his seat, but no sooner had +he done so than he put his hand to the corner of his mouth and +said to the prosecuting attorney, in a stage whisper, +distinctly audible in most of the room: 'I guess they did not +beat us much in that game,'</p> + +<p class="blockquot">"All of the older members of Bar in Western Washington were +acquainted with I. M. Hall. He was probate Judge of King County +for two terms, and for<span class="pagenum"><a name="Page_226" id="Page_226">[226]</a></span> one term its auditor. He possessed what +Bishop called 'a legal mind.' While he was well read in the +elements of the law, after his admission to the Bar he had very +little use for books other than Statutes, Blackstone's +Commentaries and Kent's Lectures. His knowledge of Statutory +law was comprehensive and wonderfully accurate, both in a +historical and constructive sense. He often said that we were +too much inclined to go far from home for our law; that we were +fond of legal exotics. While reports were useful, their abuse +was greater than their proper use. He claimed that their use +had changed the members of the legal profession from a body of +original and stalwart thinkers, to a body of sickly book-worms. +Their inquiry was not, what was the reason of the thing, but +what had some Court said?</p> + +<p class="blockquot">"It was a frequent saying of his that the principal difficulty +that he met with in the practice of the law was to get the +Court to see the law as it was; a difficulty that many of us, +no doubt, have thought at times obstructed our success; but +which, with that modesty and discretion so characteristic of +the profession, we have failed to voice.</p> + +<p class="blockquot">"Mr. Hall was the acknowledged wit of the Bar of Western +Washington. I might give many instances of his ability as a +wit, but one must suffice.</p> + +<p class="blockquot">"It was the last day of a term of Court at Port Townsend. My +practice was to read over the docket on the last day of Court +in the presence of the attorneys, so that I could correct on my +docket any omissions or mistakes. I was about to adjourn Court +when Mr. Hall said he desired to have a demurrer heard. I told +him to proceed. He made a brief yet clear and plausable +argument in favor of the demurrer. It involved a point<span class="pagenum"><a name="Page_227" id="Page_227">[227]</a></span> of +statutory construction. When he had concluded, the opposing +counsel rose to reply. I told him that I did not desire to hear +him; that the point presented so ably by Mr. Hall was not new +to me; that my mind was against the construction contended for, +and that I would have to overrule the demurrer. Mr. Hall, who +had arisen to his feet, and who was manifestly a little +disappointed at the ruling of the Court, said that he would +like to have an exception. I said: 'The Court will grant you an +exception with pleasure; but,' I said, 'this very question has +been up before my Brother Greene and my Brother Lewis, and we +all agree in our views; now, you know that we three constitute +the Supreme Court, and, while I give you the exception with the +greatest pleasure, I fear you will not make much by it.' He +stood in a reflective attitude for a moment, then said: 'May it +please your Honor, I believe I will take the benefit of the +exception, anyhow, for the tenure of office is very uncertain +in this Territory.'</p> + +<p class="blockquot">"I have heard the incident related with this sequel, that he +took the case to the Supreme Court, that the Judges mentioned +were all off the Bench, and the demurrer was sustained. I +cannot vouch for the correctness of this sequel, however.</p> + +<p class="blockquot">"Now, Mr. President and brothers, I owe you an apology for +detaining you so long with this unsubstantial matter, this +unwritten poetry of the profession. I am inclined to believe, +however that the actual intellectual and moral tone of a given +period, as well as the social status, has no truer index than +its current anecdotes. Every new and formative community is +marked with distinctive individualities. In the onward sweep of +development and civilization, and in the largeness of +population, individuality becomes fused<span class="pagenum"><a name="Page_228" id="Page_228">[228]</a></span> in the general mass, +and loses its salient characteristics."</p> + +<p>From an address before the same Association at its annual meeting in +Ellensburg in 1902 I cull these extracts.</p> + +<p class="blockquot">"Mr. Chairman:</p> + +<p class="blockquot">"When I came to this city I was sent for by the President of +this Association and informed that Mr. Caton, on account of +sickness in his family, could not be present on this occasion; +and he asked the privilege of substituting my name for that of +Mr. Caton. At first I objected. But you who are acquainted with +the persuasive eloquence of the President of this Association +can readily come to the conclusion that I finally consented. In +the words of one of Lord Byron's heroes, 'Much I strove and +much repented, And saying, I will ne'er consent—consented.'</p> + +<p class="blockquot">"The particular point to which I desire to direct your +attention is the pioneer lawyer. I think I know something about +his characteristics. In the first place he was a good fighter. +His surroundings gave him inspiration in that direction. His +environments were of the militant order. He was not only a good +fighter, but he was a loyal fighter, and I must say from +experience that he was a persistent fighter, for, after the +judicial umpire had counted him out, and called the next bout, +he wanted to fight on still. In the next place, he was a good +reasoner, and I want to emphasize this point. He was so of +necessity. He had no Reports. He had to rely on his remembrance +of general principles; and he learned to reason from those +general principles to his conclusions; and his success at the +Bar depended upon the clearness of his statements and<span class="pagenum"><a name="Page_229" id="Page_229">[229]</a></span> the +cogency and force of his logic. The question with him was, what +is the law? And he ascertained what the law was by reasoning +from the general principles which he remembered, to the +conclusion which he desired. If an attorney now-a-days is asked +what is the law, I am afraid that it is too often the case, to +use the eloquent language of the Supreme Court of this State, +he seeks to find a case 'On all-fours.' He doesn't make any +inquiry. He doesn't exercise his reasoning powers at all; he +goes into the library and hunts after a case 'on all-fours' +with the facts of the case he has presented to him. The learned +and honored Judge C. H. Hanford, who has just so excellently +addressed you, has stated that the law is not an exact science. +I do not know but what I differ from the speaker in this +regard. Every profession has connected with it two things: a +science, and an art. The science consists of the principles +upon which that art rests. Now I, as a lawyer, am prepared to +maintain that the science of the law is just as accurate, just +as complete, and just as reliable as any other science. As has +been said, law in its practical operations is the application +of principles to a certain condition of facts. There comes in +the art. Where different judges differ, it isn't in the science +of the law, it is in the art connected with that science.</p> + +<p class="blockquot">"Now I am wandering a little. However, I was trying to show +that pioneer lawyers were forced to do their own reasoning, to +rely upon their own intellectual powers. Such, I understand, +was the school in which Lincoln graduated; and such, I am happy +to say, was the school in which the Honorable United States +District Judge of this State (Judge Hanford) graduated. +(Applause.) And he has shown today, in the fine address which +he has read, that he had good training<span class="pagenum"><a name="Page_230" id="Page_230">[230]</a></span> in that school, and +that he early learned to do his own thinking and to arrive at +sound conclusions. I know all about him. I knew him before he +was a lawyer. I knew him while he was studying his profession. +I knew also that there were very few books that he could +command at that time. I think it is a good thing. I would say +that a lawyer, a young man, should never be permitted to see a +Report until he has practiced at the Bar for at least six or +seven years. Then he would learn to do his own thinking and +reason from the principles laid down in the fundamental works +upon the science of the law. I have spent too much time upon +that point, however.</p> + +<p class="blockquot">"The pioneer lawyer as I knew him had a strong sense of humor +about him. He had a strong sense of the ludicrous about him. +Circumstances contributed a great deal to the development of +that sense in him. In early days there was no such thing as +conventional usages. Every fellow had his own fashion and +followed his own will. I remember a little incident connected +with what I have just stated. When James McNaught, whom you all +know, and who subsequently became attorney for one of the +largest railroad corporations in the country, the Northern +Pacific Railroad Company, first came to this Territory, he was +inclined to be a little 'dudish' in his dress. The first place +he landed was at Port Townsend. He had a stove-pipe hat on his +head—he was near sighted, and with his spectacles across his +nose—went out to view the town, and, as is customary with +people whose sight is thus affected, he always looked upward; +and he was looking upward in Port Townsend as though he +expected to gather a glimpse of the golden wings of a flock of +angels hanging over that spiritual town. Well, everybody +noticed<span class="pagenum"><a name="Page_231" id="Page_231">[231]</a></span> it. He was the observed of all observers. The next +time the paper at Port Townsend came out it was with the +heading, 'Ecce Homo,' 'behold the Man,' and it gave a ludicrous +description of that young attorney and his resplendent ability, +notwithstanding his dude hat. Everybody read it. It was a fine +introduction.</p> + +<p class="blockquot">"When he came to Seattle the boys ran out to him taking him to +be the advance-agent of some show, and said to him, 'Mr. when +is your show going to be along?' 'What is it?' 'Has it got +animals in it or not?' After that Mr. McNaught relapsed back +into the barbarous habits that existed on the Sound at the +time. There was more freedom between the Court and the Bar at +that time than there is at the present time, more sociability. +Now the Court comes in at a certain time from his back-room +connected with the Court House, where he has disappeared and +shut himself up until the bailiff announces his coming, +whereupon—I am speaking now of Seattle—everybody arises and +gently bows, and the Judge takes his seat and is prepared with +his judicial thunder."</p> + +<p>For twenty years I have served as President of the King County Bar +Association. From January, 1897, to January, 1901, I served as Judge of +the Superior Court of the State for King County. Although an +octogenarian, I am still in the harness as an Attorney and Counsellor at +Law.</p> + +<p>I have now completed a general survey of my not uneventful life. I have +written and collated it in my eighty-first year.</p> + +<p>In conclusion a brief retrospect limited to our Country and Nation, may +be allowable. Looking backward from a standpoint of review covering +eighty<span class="pagenum"><a name="Page_232" id="Page_232">[232]</a></span> years and more, and comparing the condition of the world with +what it was on the second day of May, 1827—the day of my birth—with +what it is now—I am greatly impressed with the fact that in +intellectual and moral growth, in the advance of civilization, in +material progress and human amelioration, as well as in increase of +population and in the volume of business and in glorified inventive +triumphs—as well as in religious beliefs, as shown in the substitution +of <i>love</i> for <i>fear</i> as the true basis of obedience to God and His +laws—the world has moved and is still moving forward to a higher and +nobler plane of civilization.</p> + +<p>Steam, whose latent energies were then but little known, under the +exploitations of science and inventive genius, became, and continues to +be the chief motive power of the world. Electricity alone now disputes +its dominion. While the light of ages comes streaming down the pathway +of history, it illumes the present and enlarges the scope of human +knowledge, yet it gives no prophetic insight, hence, which will be the +final victor is unseen. The potential energy and force which practically +annihilates time and space by its fiery messages sent through the air or +ocean westward, in advance of mechanical time and becomes the common and +instant transmitter of intelligence—is fast developing into a motive +force the full extent of whose tremendous power is as yet unknown.</p> + +<p>It may equal, if not excel steam power and thus become the motive force +of the world.</p> + +<p>During the time covered by this brief retrospect, Mexico has felt the +conquering power of the soldiers of the model Republic, its roll call +has been heard in the Halls of the Montezumas—the northern boundary of +Mexico has been deliminated, with territorial concessions<span class="pagenum"><a name="Page_233" id="Page_233">[233]</a></span> to our +Government—Texas released from the dominion of Mexico and made an +integral part of the Union by annexation and subsequent admission as a +state. The War of the Rebellion which threatened the territorial +integrity and rightful authority of the Union after a heroic +conflict—has been suppressed—peace and harmony have been restored and +slavery, the irritating cause removed, by emancipation—and the Union +today stands on a firmer, broader, and more enduring basis than ever +before.</p> + +<p>Peace has her victories no less renowned than war's. The silent +influence of our institutions has secured the annexation of the Hawaiian +Islands—the gem of the Pacific and the outward bulwark of the Pacific +States.</p> + +<p>The war with Spain, occasioned by her treachery, and inspired by the +desire to release the Cuban people from the rapacity and cruelty of her +Spanish tyrant—resulted in the heroic and somewhat romantic naval +battle of Manila Bay—the capture of the Philippine Archipeligo—and the +expulsion of Spain from that group of Islands.</p> + +<p>Eighty years ago the settlements with a few exceptions scarcely impinged +on the eastern shore of the Mississippi River. Since that time they have +crossed that mighty flow of waters—spread out over the fertile plain to +the eastern base of the Rocky Mountains, and in after years they have +extended over the mountains and here, in the sunny clime and fruitful +valleys and balmy and healthful breezes of the Pacific Coast, the hardy +pioneer has found a final home.</p> + +<p>What a territorial basis for development—progress—empire! Already +several millions of hardy, enterprising<span class="pagenum"><a name="Page_234" id="Page_234">[234]</a></span> and patriotic freemen are +scattered over this vast domain, and westward millions more are taking +and will take their way in addition to the millions to the manor born. +With the constantly increasing and controlling power of the forces +generated in the past, and, now successfully at work in the world and +which will no doubt increase in number and in the grandeur of their +results during the next eighty years—who can measure the coming power +or comprehend the glory of the model Republic?</p> + +<p>Pioneers, Washington, with all her grand resources—developed and yet to +be developed—won by your privations, courage and patriotism, is your +gift to the Union, to be consecrated to liberty, regulated by law, +forever.</p> + + + +<hr style="width: 65%;" /> +<p class="center"><span class="big">Transcriber's Notes:</span></p> +<p> </p> + +<p><span style="margin-left: 1em;">Inconsistencies in spelling and hyphenation have been retained from the original.</span><br /></p> + +<p><span style="margin-left: 1em;">Obvious typographical errors have been corrected as follows:</span><br /></p> + +<p><span style="margin-left: 2em;">Page 16: <i>firts</i> changed to <i>first</i></span><br /> +<span style="margin-left: 2em;">Page 47: <i>assitance</i> changed to <i>assistance</i></span><br /> +<span style="margin-left: 2em;">Page 50: <i>attemps</i> changed to <i>attempts</i></span><br /> +<span style="margin-left: 2em;">Page 70: <i>alcholic</i> changed to <i>alcoholic</i>; <i>or</i> changed to <i>of</i></span><br /> +<span style="margin-left: 2em;">Page 72: <i>audienc</i> changed to <i>audience</i></span><br /> +<span style="margin-left: 2em;">Page 75: <i>opprobiously</i> changed to <i>opprobriously</i></span><br /> +<span style="margin-left: 2em;">Page 78: <i>surrounding</i> changed to <i>surrounded</i></span><br /> +<span style="margin-left: 2em;">Page 105: <i>reconcilation</i> changed to <i>reconciliation</i></span><br /> +<span style="margin-left: 2em;">Page 129: <i>genral</i> changed to <i>general</i></span><br /> +<span style="margin-left: 2em;">Page 130: <i>Reyonlds</i> changed to <i>Reynolds</i></span><br /> +<span style="margin-left: 2em;">Page 147: <i>beilieve</i> changed to <i>believe</i></span><br /> +<span style="margin-left: 2em;">Page 177: <i>fity</i> changed to <i>fifty</i></span><br /> +<span style="margin-left: 2em;">Page 207: <i>mounth</i> changed to <i>mouth</i></span><br /> +<span style="margin-left: 2em;">Page 224: <i>suprised</i> changed to <i>surprised</i></span><br /> +<span style="margin-left: 2em;">Page 225: <i>to</i> changed to <i>too</i></span><br /></p> + +<p><span style="margin-left: 1em;">Punctuation has been corrected without note.</span></p> + + + + + + + + +<pre> + + + + + +End of Project Gutenberg's Memoirs of Orange Jacobs, by Orange Jacobs + +*** END OF THIS PROJECT GUTENBERG EBOOK MEMOIRS OF ORANGE JACOBS *** + +***** This file should be named 35992-h.htm or 35992-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/5/9/9/35992/ + +Produced by David E. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Memoirs of Orange Jacobs + +Author: Orange Jacobs + +Release Date: April 29, 2011 [EBook #35992] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK MEMOIRS OF ORANGE JACOBS *** + + + + +Produced by David E. Brown, Bryan Ness and the Online +Distributed Proofreading Team at http://www.pgdp.net (This +book was produced from scanned images of public domain +material from the Google Print project.) + + + + + + + + + + [Illustration: O. Jacobs] + + + + + _MEMOIRS + OF + ORANGE JACOBS_ + + WRITTEN BY HIMSELF + + _CONTAINING MANY INTERESTING, AMUSING AND INSTRUCTIVE + INCIDENTS OF A LIFE OF EIGHTY YEARS OR MORE, + FIFTY-SIX YEARS OF WHICH WERE SPENT IN + OREGON AND WASHINGTON._ + + SEATTLE, WASH. + LOWMAN & HANFORD CO. + 1908 + + + + +DEDICATION. + + +To the Pioneers of the State of Washington, whose privations nobly +borne, whose heroic labors timely performed, and whose patriotic +devotion to the Republic, gave Washington as a star of constantly +increasing brilliancy to the Union--this book is gratefully dedicated. + + + + +CONTENTS. + + + I. My Autobiography. + + II. Incidents in crossing the Plains in 1852. + + III. Pen sketches of events, amusing, interesting and + instructive of a Pioneer's life on the Pacific + Coast, extending over fifty-six years. + + IV. Indian civilization, its true methods, its difficulties. + + V. Indian customs, legends, logic and philosophy of life. + + VI. Religion and reasons for some fundamental doctrines. + + VII. Official life and some incidents connected therewith. + + VIII. Game animals and birds of the State of Washington. + + IX. A few public addresses delivered by me. + + X. The result of Pioneer patriotism and energy. + + + + +Introduction + + +I have often been requested by my friends to write a sketch book, +containing, first, my autobiography, with some of the incidents of a +life already numbering eighty years and more; secondly, some of the +addresses and papers made by me as a private citizen or public official; +and, thirdly, some of the impressions, solemn, ludicrous and otherwise, +made upon me in my contact with all the forms of the _genus homo_, +principally on the Pacific Coast, where I have resided since 1852--in +Oregon for seventeen years; in Seattle, Washington, thirty-eight years, +plus the dimming future. + +I have finally concluded to undertake the delicate task. If it is ever +completed and printed, I fondly hope its readers, if any, may be +interested, if not instructed, by these extracts from a long experience +of contact and conflict with the world. + +I say "conflict," because every true life is a battle for financial +independence, social position and the general approval of one's +fellow-men. + +If an autobiography could be completed by an accurate and simple +statement of facts, such as one's birth, education and the prominent and +distinguishing events or acts of one's career, it would be a +comparatively easy task. But, even then, too great modesty might incline +to dim the lustre of the paramount facts, or to narrow their +beneficence; while a dominating egotism might overstate their merits +and extent, and exaggerate their beneficial results. Both of these are +to be avoided. But where is the man so calm, so dispassionate and +discriminating as to avoid the engulfing breakers on either hand? If +there could be an impartial statement of the facts I have suggested, +still they would be but a veil encompassing the real man. The true man +would but dimly appear by implication. Character, that invisible entity, +like the soul, constitutes the true man. Any biography that does not +develop the traits, the qualities, of this invisible entity is of no +value. Character is complex and compound. It consists of those +tendencies, inclinations, bents and impulses which come down through the +line of descent and become an integral part of the man, and are +therefore constitutional. These are enlarged and strengthened, or curbed +and diminished or modified, by education, environment and religious +belief. Education possesses no creative power. It acts only on the +faculties God has given. It draws them out, enlarges and strengthens +them--increases their scope and power--and gives them greater breadth +and deeper penetration. By education I do not mean the knowledge derived +from books alone, for Nature is a great teacher and educator. The +continuous woods, the sunless canyon, the ascending ridges and mountain +peaks, as well as the sunlit and flower-bestrewn dells and valleys--in +fact all of the beautiful and variegated scenes in Nature--possess an +educational force and power very much, in my judgment, underestimated. +Man's emotional nature is enlarged--his taste for the beautiful +quickened--and his love for the grand and sublime broadened and deepened +by frequent intercourse with Nature. Byron felt this when he wrote + + "There is a pleasure in the pathless woods, + There is a rapture on the lonely shore, + There is society, where none intrudes, + By the deep sea, and music in its roar: + I love not man the less, but Nature more, + From these, our interviews, in which I steal + From all I may be, or have been before, + To mingle with the Universe, and feel + What I can ne'er express, yet cannot all conceal." + +I have mentioned environment above. It is not only a restraining and +quasi-licensing, but also an educational force. There are, I fear, in +every community, especially on the Pacific Coast, many young persons, +who, lacking in fixed moral principles and habits of life like the +sensitive and impressionable chameleon, assuming the color of the bark +on the tree which for a time is its home--take on the moral coloring of +the society in which they move, and become for a time, at least, an +embodiment of its moral tone. But let the conditions change--let such +persons migrate and become residents of a society of darker moral hue +and of lower moral tone--and, like the chameleon, they almost +immediately take on the darkened coloring and echo the lower tone. If it +is their nature to command, they become leaders in a career of +associated viciousness or infamously distinguished in the line of +individual criminality. The general result is, however, that having +broken loose from their moral moorings, they drift as hopeless, +purposeless wrecks on the sea of life. + +During my residence on the Pacific Coast I have known many sad instances +of this degeneration, and our own beautiful and prosperous city has not +been free from such sad examples. It is a true, if not an inspired +saying that "evil communications corrupt good manners." It is more +emphatically true that evil associations corrupt good morals, which was +probably the meaning intended by the translators. + +I have mentioned religious belief as an element in the formation of +character. The doctrine of no religious teacher has ever exercised such +a dominating and controlling force in the formation of character in the +civilized world, as have the doctrines of Christ. Before His advent the +learned world received the philosophy of Aristotle, as a sufficient +basis of moral doctrine and civic virtue. But that philosophy, great as +it was, and impinging as it often did on the domain of absolute truth, +has as a system of moral conduct, given way or been subordinated to the +clear, direct yet simple enunciation of Christ, summed up in that grand +and universally applicable rule of individual and civil conduct: "Do +unto others as you would have others do unto you." A character in which +this doctrine forms the basis will always respond to the demands of +honor and right. + +These observations must answer as a preface, or, as Horace Greely once +styled such performances, as "preliminary egotism." + + + + +Autobiography + + +I was born in the Genesee Valley, Livingstone County, State of New York, +on the second day of May, A. D. 1827. I was number two of a family of +eight children,--six boys and two girls. My mother, while not in the +popular sense an educated woman, having but a common-school education, +had, as the philosopher Hobbes termed it, a large amount of "round-about +common-sense." While she gave, as a religious mother, her assent to +Solomon's declaration that he who spares the rod spoils the child, it +was only in the most flagrant instances of disobedience that she put the +doctrine in practice. She was firm, consistent, and truthful, indulging +in no unfulfilled threats or promises of punishment in case of +non-compliance with her orders. In fact, she acted upon the +principle that certainty and not severity of punishment was the +preventative of disobedience. Her all-prevailing governing power was +affection--love,--thus exemplifying the teaching of the Master that "he +who loveth Me keeps My commandments." I say it now, after eighty years +of memory, that we obeyed her because we loved her. She has gone to her +reward. My observation and experience is that the mother's influence +over her sons, if she be a true and affectionate mother, is far stronger +than that of the father. Her love is ever present in the conflict of +life; it remains as an enduring and restraining force against evil, and +a powerful impulse in favor of honor and right. Someone has said that +there are but three words of beauty in the English language: "Mother, +Home, Heaven." + +My father owned a farm of forty acres in the Genesee Valley, and I first +saw the light of day in a plain but comfortable frame house. Back of it, +and between two and three rods from it, quietly ran in a narrow channel +a flower-strewn and almost grass-covered spring brook, whose clear and +pure waters, about a foot in depth, were used for domestic and farm +purposes. I mention this brook because connected with it is my first +memory. I fell into that brook one day when I was about three years old, +and would have drowned had it not been for the timely arrival of my +mother. As the years advanced, observation extended, experience +increased and enlarged, and I became a parent myself, I have often +considered how many children would have reached manhood or womanhood's +estate wanting the almost divine affection and ceaseless vigilance of a +mother's love. + +The next circumstance in my life distinctly remembered occurred some two +or three months after the water-incident stated above. Running and +romping through the kitchen one day, I tripped and fell, striking my +forehead on the sharp edge of a skillet, making a wound over an inch in +length and cutting to the bone. The profuse flow of blood alarmed me; +but my mother, who was not at all a nervous woman but calm, thoughtful +and resourceful in the presence of difficulties, soon staunched the flow +of blood and drew the bleeding lips of the gaping wound together. The +doctor soon after added his skill; then Nature intervened; and, to use +the stately language of court, the incident, as well as the wound, was +closed. + +I have stated these two events not as very important factors in the +history of a life, but because they illustrate the teaching of mental +philosophy, that memory's power of retention and in individual's ability +to recall any particular fact depends upon the intensity of emotion +attending that fact or event. Especially is this true of our youth and +early manhood, when our emotional nature is active, vigorous and strong. +In after years our emotional nature is not so active and not so readily +aroused; still it exists, a latent but potent factor in memory's domain. +Given the requisite intensity, it will still write in indelible +characters the history of events on the tablets of memory. + +Memory is of two kinds--local and philosophical. Local memory is the +ability to retain and recall isolated and non-associated facts. The vast +mass of early facts accumulated in memory's store-house rests upon this +emotional principle. As the years increase and the mind matures, other +principles become purveyors for that store-house. The laws of +classification and association become in after years the efficient +agencies of the cultivated mind to furnish the data for reflection and +generalization. The operation of these laws constitutes philosophic +memory. But such facts have no pathos,--no coloring. The recalled facts +of our youthful days have a thrill in them; not always of joy, sometimes +of sorrow. I must, however, dismiss these imperfect thoughts on mental +philosophy, and return to autobiography. + +My father, not being satisfied with his forty-acre farm, in the Genesee +Valley, but being desirous of more extended land dominion, and inflamed +with the glowing description of the fertile prairie and wooded plains in +Southern Michigan, made a trip to that territory in the summer of 1831 +and purchased in St. Joseph County two tracts of land of 160 acres +each--one being on what was afterwards called Sturgis Prairie; the +other, in what was known as the Burr Oak Openings. St. Joseph County, +now one of the most populous in that great State, then had less than two +hundred people within its large domain. Near the center of the prairie, +which contained five or six sections of land, there were four or five +log houses--the nucleus of a thriving town now existing there. There was +also quite a pretentious block-house, manifesting the existence of the +fear that the perfidious savage,--like the felon wolf,--might at any +time commence the dire work of conflagration and massacre. There were +many Indians in that section of the country. They belonged to the then +numerous and powerful tribe called the Pottawattomies. Southern Michigan +is a level and low country, abounding in small and deep lakes and +sluggish streams. These lakes and streams were literally filled with +edible fish. Deer and wild turkeys, also the prairie chicken, pheasant +and quail, were abundant. Strawberries, cherries, grapes, plums, pawpaws +and crabapples--as well as hazelnuts, hickory nuts, black walnuts and +butternuts--were everywhere in the greatest profusion in the woodlands. +It was a paradise for Indian habitation. I cannot omit from this a +slight digression--the statement that, having lived on the frontier most +of my life and having become acquainted with many Indian tribes, their +habits and customs, they do not, like the tiger, or many white men, +slaughter just for the love of slaughtering, but for food and clothing, +alone; hence, game was always plentiful in an Indian country. The +buffalo, those noble roamers over the plains, and which a century or +less ago, existed in almost countless numbers, have nearly disappeared. +The destructive fury and remorseless cupidity of the white man have done +their work. The indian and the buffalo could and would, judging by the +past, have co-existed forever. Now the doom of annihilation awaits them +both. + +In the spring of 1832 we started for our new home in the wilds of +Michigan. Our outfit consisted of a wagon loaded with household goods +and provisions--two yoke of oxen and a brood mare of good stock. We +reached our destination in a little over a month. I say "we" and "our" +because I wish it to be understood that I took my father and mother and +elder brother along with me to our western home, for I thought that they +might be useful there. I distinctly remember but two incidents of that +journey; of not much importance, however, in the veracious history of a +life. I became bankrupt in the loss of a jack-knife that a confiding +friend had given me on the eve of our departure, with which I might +successfully whittle my way through to the land of promise. I was +inconsolable for a time. I had lost my all. My father, to alleviate my +grief, promised me another. So true is it that faith in a promise, +whether human or divine, assuages grief, lifts the darkening cloud, and +often opens up a fountain of joy. + +We had to cross Lake Erie on our journey. The not over-palatial floating +palace in which we embarked was struck by a storm. She pitched and +rolled and lurched in the tumbling and foaming waters. The passengers, +save myself and some of the crew, as I was informed, lurched and foamed +at the mouth in unison with the turbulent waves. + +I was confined, for fear I might be pitched over-board; but I felt no +inclination to join in the general upheaval. Since that time I have +journeyed much on the lakes and on the ocean, in calm and in storm, but +have ever been immune from that distressing torture. + +We arrived at our destination on the first of June. There was no house +or building of any kind on the land purchased by my father. By the +kindly invitation and permission of a Mr. Parker, a pioneer in that +country, we were permitted for the time being, to transform his +wood-shed into a living abode. My father immediately commenced the +cutting and the hauling of logs for a habitation of our own; but before +he had completed the work he was summoned to join forces then moving +westward for the subjugation of Blackhawk and the hostile tribes +confederated under him, who were then waging a ruthless war on the +settlers of Illinois. Any signal success by this wily chieftain, and his +confederate forces might, and probably would, have vastly increased the +area of conflict and conflagration. Indian fidelity as a general rule, +is a very uncertain quantity. There are, I am glad to say, many noble +individual exceptions, but perfidy is the general trait. Vigorous action +was taken by the Government for the subjugation of the hostile tribes +and for the capture of Blackhawk. This was accomplished in the early +summer of 1832. + +On the morning after my father's departure I accompanied my mother to a +spring about a quarter of a mile from Mr. Parker's house, where we +obtained water for domestic purposes. Mr. Parker's house was on the +southern edge of the prairie which was fringed by a thick growth of +hazel, sumach, plums, crabapples, wild cherries and fox grapes. This +fringe was narrow and only extended back from two to four rods--beyond +which was the open timber. The trail to the spring was in the open +timber, but close to the inner circle of the copse. Nearing the spring, +we saw, skulking near the outer edge of this thicket fringe, five +Pottawattomie warriors. They seemed to be somewhat agitated and were +intently observing the movements of the white soldiers and listening to +the roll of the drum and the call of the bugle. My mother hesitated at +first, but went on to the spring, and, having filled her pails with +water, we went back with quickened steps to the house. Shortly after, +these warriors came to the house. Mr. Parker, who imperfectly understood +their language, succeeded, however, in explaining to them the meaning of +this martial array, and they left, seemingly well satisfied. We saw them +frequently afterwards and often purchased from them choice venison, +turkey and other game birds, as well as fish, for a mere trifle. But +those were troublous days and full of dire apprehension to the lone +settler. Every night a few, principally old men, would gather at Mr. +Parker's house, and when the door was closed and securely fastened, the +light extinguished, the few men would lay down with their loaded rifles +by their side. The door was not opened in the morning until a careful +reconnoissance had been made through the port-holes, of the surrounding +country. Apprehension has in it as much of terror as actual danger. The +one is continuing--the other but momentary, and the one usually +increases in its fervor, while the other disappears with its cause. + +My father returned after an absence of about two months. He won no +military glory--he saw no hostile indians--Blackhawk and his +confederates having surrendered before the hostile country was reached +by the command to which my father belonged. + +Peace having been secured and confidence restored, father proceeded +diligently in the erection and completion of a double log house on his +own domain. + +I love to think of that old log house with its hewed puncheon floors and +thick oaken doors, where my youth was spent. It was a home of peace, of +comfort, of plenty and prosperity. Its site was a beautiful one on a +knoll near the great military road leading from Detroit to Chicago, and +about midway between those cities. The next spring my father, my older +brother and myself accompanying him, went to the nearby timber land and +got two hundred young sugar maples, black walnuts and butternut trees +that were presently planted in concentric circles around that home +castle. My father did not believe in drilling ornamental trees into rank +and file, like a column of soldiers. He had faith in Nature's beauty and +did not think it could be improved by man. Nature should be subordinated +to man's will only when cultivation becomes an essential element to the +growth, which as a general rule holds only when the tree or plant or +shrub is not indigenous to the soil. + +In the fall of that year I was prostrated by a large abscess in the +right groin. I could neither stand on my feet, nor sit in an upright +position. A pallet on the floor, or in some shady nook outdoors when the +weather was propitious, was my favorite, and for most of the time my +lonely, resting place. On the morning of which I am about to write, my +mother was urging my father, as the abscess by its color indicated that +it was ripe for the surgeon's lance, to go for a doctor to examine it +and my condition, and if proper, to open it and let out the long +accumulated poison. The nearest doctor lived some thirty miles away, but +my father, yielding to my mother's persuasions, concluded to go. Before +he had arisen from his seat at the table he requested my brother to +bring in some stove wood. Boy-like, brother piled up such a quantity on +his left arm that he could not see over it, and, bending backward, he +came into the house seemingly oblivious to my location, tripped against +me and fell, striking the end of the wood upon the abscess. Effectually, +but not in a very scientific manner, this opened it. I swooned away, and +it was sometime before consciousness returned to me. As proof of my +brother's surgical skill, a star-shaped scar over an inch in length, +remains today. There were some mitigating circumstances, however, in +this surgical work:--it saved a lonely journey and a large doctor bill. +He received no compensation--but otherwise--for his effective treatment, +and the resultant benefit. + +On account of sickness and the want of opportunity, I did not attend +school until I was nine years of age. I had a large number of picture +books containing stories of bears, panthers, lions and tigers. I had to +hire other boys to read them to me, and this kept me in a bankrupt +condition. I was frantic to be able to read them myself, and when +opportunity offered I soon accomplished this purpose. + +When I was fourteen years of age the district school was taught by one +Dowling--an Irishman--full six feet in height, a fine specimen of +physical manhood, and an excellent teacher. He was employed by the +Directors not only to teach, but also, if necessary, to subjugate the +rebelious spirit theretofore existing among the larger boys attending +the school. His presence and firm and courteous manner dispelled all +fear of insubordination. + +An incident occurred at that school which has remained fresh in my +memory. There was a boy attending by the name of Joe Johnson. In age Joe +was between fifteen and sixteen. He was quiet, meditative, awkward--the +victim of many tricks, the butt of many jokes. One day Dowling ordered +all who could write to turn to their desks and within half an hour to +produce a verse of original poetry, or as near an approach to it as they +were able to go. We had learned that for Dowling to command was for us +to obey. I was sitting next to Joe. After meditating a few moments he +rapidly wrote the following:-- + + "I saw the devil flying to the south, + With Mr. Dowling in his mouth; + He paused awhile and dropped the fool, + And left him here to teach a common school." + +I looked over Joe's shoulder and read as he wrote, and when he had +completed the verse--oblivious to the conditions--I laughed outright. +Mr. Dowling, with vigorous application of his hazel regulator, soon +restored my reckoning, and indicated my true latitude and longitude. Mr. +Dowling read Joe's poetry to the school, to show the ingratitude of the +pupil to his preceptor; but the matter was otherwise received by the +older pupils, and it was dropped. This incident no doubt revealed to Joe +that he possessed poetic ability of the highest order. Joe, after he had +arrived at manhood's estate, published a small volume of poems full of +wit, beauty of description, and pleasing satire. + +I attended the district school in the winter and worked on the farm in +the spring, summer and fall, until I was eighteen years of age, when I +left the farm and enrolled myself as a student at the Albion College, a +Methodist institution strict in its discipline, thorough in its +teachings, and of good repute for its excellent educational work. I was +there over four years, but did not graduate because of failing health. +In measuring up intellectually with a host of other young men in debate +and composition, I was inspired with the faint hope that I might at +least win a few victories in the actual conflict of life. I gave much +attention to the languages, and was especially proficient in Greek and +Latin. I had an inclination and love for that line of study. I did not, +however, neglect the exact sciences, but I had no intuition assisting in +that direction. What I know of mathematics, and my studies in that line +were quite extensive, is the result of pure reasoning. If proper here, +let me observe that the best teacher of the exact sciences is he who +obtains a knowledge of them as I did, because he will more fully +appreciate all the difficulties met with by the ordinary student. + +He who intuitively sees the relation of numbers, form and quantity, +needs but little, if any, assistance from a teacher. It is he who, by +slow and laborious process of correct reasoning, discovers or unfolds +these relations, that needs the sympathetic assistance of a teacher. + +I left school because my physician thought I needed more ozone than +Greek--more oxygen and sunshine than Latin, and more and better physical +development for any success in life's arduous work and its strenuous +conflicts. While under the care of Nature's physician, I spent most of +my time in hunting and fishing, with occasional work on the farm. This +continued for nearly a year. The treatment was beneficial, and I enjoyed +it. During this time I received an invitation from a literary society in +the town to deliver before them a lecture, on such subject as I might +choose and on such evening as I might designate. I accepted the +invitation, and chose as my subject "The Eclectic Scholar." I named a +day one month ahead. As this was my first appearance before a public +audience, and that, too, composed of the companions and acquaintances of +my youth--the most unpropitious of all audiences for a young man to +face--I spent nearly the entire month in the preparation of that +address. I will not attempt to give its substance or a skeleton of the +topics discussed. It was published in the local paper with flattering +comments, but I have neither the manuscript nor a copy. My first +intention was to read it, but I finally concluded to commit it to +memory, and to deliver it without the aid of the manuscript. An incident +occurred in this connection that, annoying as it was to me at the time, +I cannot omit. After the address had been memorized, I went to a dense +copse on the land of Mr. Parker, selected a small opening and delivered +the address with proper gesticulations to the surrounding saplings, +thinking no human ear or eye heard or saw me; but I was mistaken. Old +man Parker was out pheasant hunting. He was near me when I commenced to +speak, and, quickly concealing himself, saw and heard from his ambush +the whole performance. When I picked up my hat to go, he arose, came +into full view, clapped his hands and said, as he approached me, "Well +done, Orange." As I was not in a conversational mood I did not tarry. At +the appointed time I had a full audience. A vote of thanks was tendered +me and a request for a copy for publication. Since that time I have +learned that many of the great addresses of the world by orators, and +statesmen, are first carefully written, then memorized, then repeated in +front of mirrors, before delivery to the audiences for whom they were +intended. + +Late in the fall of this year I concluded to study law, and to make its +exposition and practice my life work. With this end in view I entered +the office of Hon. John C. Howe, of Lima, La Grange County, Indiana. +Here let me say by way of parenthesis, that our esteemed brother lawyer, +James B. Howe of Seattle, is a near relative of his. A brief description +of my preceptor may be admissible. He was a quiet, somewhat reserved +man, and a great student. Though inclined to be taciturn, yet, when in +the mood, his conversation was charming. I have often thought his mind +was a little sluggish in its ordinary movement; but, let it be +stimulated by an important case or a large fee, and he seemed to be, +like Massena, almost inspired. It is said of Napoleon's great Marshal +that in the ordinary affairs of life he was a dull and even a stupid +man; but that when he saw the smoke of battle, and heard the roar of +cannon, the rattling of musketry, and saw the gleam of bayonets in the +hands of the charging legions, he was seemingly inspired, and never, +amid the roar and tumult of battle, made a mistake. In a sense this was +true of my preceptor. He was of strong physique and could work with an +intensified industry that approached genius. He possessed great power of +generalization and could readily reduce complicated and voluminous facts +to their proper classes, and thus completely master them. Few men in +American history have possessed this ability in a pre-eminent degree. I +might, among the few, mention John C. Calhoun and Oliver P. Morton of +Indiana. Another characteristic of my preceptor was his preferential +love of English Reports and English authors; hence, in addition to +Blackstone's Commentaries, I read Starkey on Evidence; Chitty and +Stephen on Pleadings; Chitty on Contracts, on Notes, and Bills of +Exchange; Coke on Littleton; Hale's Pleas to the Crown; Archibald on +Criminal Law; Lord Redesdale's Equity Pleadings and Jurisprudence; and +Seldon on Practice. I read Dr. Lushington's Admiralty Reports. +Seemingly, I had no use for admiralty, living as I did in the inland +empire; but I found such knowledge of great use after I was appointed to +a Judgeship in Washington Territory. A little brushing-up and some +additional reading enabled me to try the admiralty causes brought before +me to the satisfaction of the bar. I cannot close this brief reference +to my law preceptor without the narration of an incident in which he was +one of the principal actors. The sheriff of St. Joseph County, Michigan, +had been elected for four consecutive terms, and it was alleged and +conceded that he was a defaulter in a large amount. He had given a +different set of bondsmen for each term, and the question arose which of +these sets was responsible. My preceptor was employed by the county; the +bondsmen, of which my father was one, employed Columbus Lancaster, +afterwards a delegate to Congress from Washington Territory, and one of +the judges in the provisional government of Oregon. Lancaster was a +witty and eloquent speaker and a successful trial lawyer. As the case +was an important one, and the counsel distinguished, many lawyers +attended the trial. At that time the laws of Michigan gave three +justices of the peace, sitting in bank, all of the powers, by the +consent of the parties, of the Superior Court. This was a trial before +such tribunal. But little evidence was taken, just enough to raise the +legal questions involved. The argument of Howe was clear, compact and +to my mind conclusive. It had for its basis English authorities and +cases. Lancaster answered in an eloquent and witty speech, and after a +brief reply from Howe the case was submitted. The justices retired, but +in a short time returned. Their judgment was for the defendants. Howe +was manifestly disappointed and he said to Lancaster: "I will offer +this: You may choose any three from the lawyers present, and we will +re-argue the question and I will agree to abide by their decision." The +answer of Lancaster was characteristic; he said: "I never run all day to +catch a rabbit, and then let him go just to see whether I can catch him +again." + +Both of these men have long since been gathered to their fathers. They +were just men and true, and in ability far above the average. + +I was admitted to the bar in the fall of 1850. Under the laws of +Michigan at that time, admission to the bar was not necessary to +practice law in that State, but it was the usual and dignified course. +The class seeking admission was quite a large one; most of them, in fact +all of them save myself, were old lawyers seeking admission in the +regular and time-sanctified order. An afternoon was given by Judge Wing, +who presided, for the hearing of the petition of the applicants. The +Judge and the Bar were the examiners. They all took a free hand. I +thought I could discover a disposition on the part of the Judge and the +Bar to put the old practitioners, whose knowledge of elementary +principles had been somewhat dimmed by the lapse of years, at a +disadvantage as compared with the accuracy of a young man fresh from the +books. Hence, many questions were rushed to me for a full and accurate +statement of the text-books, which in most cases I was able to give, to +the manifest pleasure of the examiners. We were all admitted. In +anticipation of so propitious a result, we had provided a banquet for +Bench and Bar. At its conclusion the Judge said, "a motion for a new +trial would be in order, and if such motion was made he would take it +under advisement till the next term of the court, when he had but little +doubt that it would be granted." + +After my admission to the Bar I diligently continued my legal studies, +confining myself, however, almost exclusively to American Reports and +authors, such as Kent's Commentaries; Story on the Constitution, on +Equity Jurisprudence and Pleadings; Greenlief on Evidence; Gould on the +Form and the Logic of Pleadings; Bishop on Criminal Law; and many +others. I have continued this extensive reading during all of my +professional career when books were at hand. Looking back from a +standpoint of eighty years' time, I am satisfied that I have read too +much, and reflected, reasoned, analyzed, generalized and thoroughly +digested too little. I often think of the saying of Locke, the +philosopher, that if he had read as much as other men he would have +known as little as they. There is much truth in this statement. To read +without thought, without reflection, without analysis and a thorough +digest of what one reads, is a waste of time. More, it weakens the +memory, does not accumulate knowledge, and incapacitates the mind for +serious work. While I have no admiration for a correctly-styled "case +lawyer," yet, were I to live my professional career over again, I would +get my legal principles from a small but well-selected library of +authors of established repute; and then I would consult leading cases on +each topic or subject, as a help for their proper and logical +application. The practice of law consists in the application of a +well-defined legal principle to a certain combination of facts. Whether +the principle applies is a question for the courts; whether the facts +that enter into the definition exist is a question for the jury. But, as +I am not writing a legal treatise, I leave the topic here. + +My father caught the gold fever, and early in the spring of 1849 started +with an ox-team across the plains to the gold-fields of California. He +returned in the winter of 1851-2, having been moderately successful. For +many years I had been a sufferer from neuralgia. Its painful development +was in the forehead. I was a pale and emaciated specimen of the genus +homo, weighing less than 150 pounds. My father was of the opinion that +the air of the Pacific Coast was rich in ozone, and his physical +appearance indicated that his judgment was sound. "Go west, my son," he +said; "go to Oregon--not to California--for you would amount to nothing +as a miner. You will be subject to a continual alkaline bath on the +plains, and this will prepare you for the renovating effects of the +salubrious air of the Pacific Coast." My father was not a physician, but +I readily consented to take his prescription, provided he would pay the +doctor's bill. This he willingly consented to do. I soon found three +other young men who had the Oregon fever in its incipient stages. It +soon became fixed and constitutional, and they determined to go. A wagon +was soon constructed under my father's direction--light but strong, with +a bed water-tight and removable, so that it could be used as a boat for +ferrying purposes; a strong cover for the wagon, and a tent which in +case of storm could be fastened to the wagon to supplement the +effectiveness of the cover. Each furnished a span of light, tough and +dark-colored horses. White was not allowed on account of their alleged +want of toughness and durability. Each was allowed two full suits of +clothes and no more, and two pair of double blankets and no more. The +object was to prevent overloading. Each was to have a rifle or shotgun, +or both, and a pistol and sheath-knife. I am thus particular, because in +this day of railroads and Pullman cars, these things are fast passing +from memory. + +On the first of March, 1852, we left Sturgis, Michigan. Our first point +of destination was Cainesville on the Missouri River. We did our own +cooking and slept in our wagon when the weather was clement; at hotels +and farm houses when it was inclement. None of us had ever tried our +hand at cooking before, and our development along that line had a good +deal of solid fact, and but little poetry in it. We could put more +specific gravity into a given bulk of bread than any scientific cook on +earth. Taken in quantity, it would test the digestive energies of an +ostrich; but we took it in homeopathic doses. We lived in the open air +and survived, as our knowledge of the culinary art rapidly increased. +The moral of this mournful tale is:--mothers, teach your sons to do at +least ordinary cooking; they may many times bless you in the +ever-shifting, and strenuous conflict of life. + +I was born and reared in a cold climate; but when the mercury fell, the +atmosphere lost its moisture; and while the wind was fierce and biting, +it was dry. You can protect yourself against such cold; but when you +come to face the cold, damp, fierce and penetrating winds that sweep +over the prairies of Illinois and Iowa when winter is departing, they +find you, and chill you through any kind or reasonable quantity of +clothing. + +On account of snow-storms we stopped for a week, in the latter part of +March, at a farm-house in the outer settlements of Iowa. The people were +intelligent and refined. Our hostess had two lovely daughters, and we +young men were at home. Prairie chickens were very abundant in the +vicinity, and with my shotgun I more than kept the family supplied while +there. Our hostess was a good cook and we lived high. A short distance +away was a log school-house also used for a church, and we accompanied +the family to church on Sunday. The minister was a Methodist +circuit-rider; and while he was not an eloquent man and did not, like +Wirt's blind preacher, in the wilds of Virginia, tell us with streaming +eyes that "Socrates died like a philosopher, but Jesus Christ like a +God," yet with force and emphasis he preached Christ and Him crucified +for a sinful world. This was the first church service we had attended +since leaving home, and it gave us all a touch of homesickness. + +As soon as the storm abated and the weather gave indications of more +sunshine and less downpour, we bade adieu to our hostess and her fair +daughters, and journeyed slowly onward over horrid roads towards +Cainesville. We arrived at this bustling outfitting town on the 23rd of +April. We found there a large number of persons and prairie schooners, +but most of them were on a voyage to the gold-fields of California. By +diligent inquiry I found seventeen wagons, with an average of four +persons to the wagon, whose destination was Oregon. We agreed to cross +the Missouri River on the 2nd day of May, and on the afternoon of that +day we were all safely landed on the western shore. We were now beyond +the realm of social constraint, conventional usage, and the reign of the +law. It was interesting to me to note the effect of this condition upon +a few men in our party. They seemed to exult in their so-called freedom. +They spoke of the restraining influence of organized society as tyranny, +and of the government of law as government by force. A meeting for +organization was called for that evening. I was elected chairman, and in +response to a request for my views, I said, that we on the morrow were +to start on a journey of over two thousand miles through an Indian +country; and while it was reported that the tribes through whose country +we were to pass were at peace with the whites, yet it was a sound maxim, +in the time of peace to be prepared for war; and that our safety, and +that of our property, depended upon our strictness, watchfulness and +unity of action, and these beneficial results could only be secured by +organization; hence I proposed that, without being myself a candidate +for any position and not desiring any, we organize ourselves into a +semi-military company by the election of a captain and a first and +second lieutenant. A motion was made in accordance with the views +expressed by me, and seconded; I declared it open for discussion. One of +the persons mentioned above, who thought he had just enhaled the air of +perfect freedom, arose and said that he was opposed to the motion; he +did not propose to be lorded over by any one; he would be governed by +his own judgment and wishes. I replied that we did not propose to lord +it over any one, but to govern in all ordinary matters by common +consent, and in all matters by the laws of safety and decent morals. The +motion was put and it was carried with only five dissenting votes. A +vote was taken by ballot for Captain, and to my astonishment I received +all the votes but two--one of which was cast by myself for a gentleman +who had crossed the plains and who had returned to the States to get +married, and, having accomplished that purpose, was returning with his +wife and an unmarried sister of hers to his home in Oregon City; the +other vote, presumptively, was cast by a gentleman that, on account of +his military appearance and the arsenal of weapons which he carried on +his person, and his alleged thirst for Indian blood, we styled Colonel. +As the Colonel was an open candidate for the office, the opinion +prevailed that he had voted for himself. The first and second +lieutenants were soon elected and a quasi-military organization was soon +formed. The first lieutenant was unpopular with the men. He was a good +man, but possessed no fitness for the position; he had much of the +_fortiter in re_, but none of the _suaviter in modo_. The second +lieutenant was a doctor by profession and was eminently fitted for the +position; he was calm, cool in danger, discreet in words and action, and +courageous in conduct. Thus equipped, the next morning at eight o'clock +we rolled out and made about twenty miles; we camped on a plateau +covered with grass and by a brooklet of pure, cold spring water. The +second and third days were but repetitions of the first. The fourth day +we reached the Loup Fork, a large tributary of the Platte. We ferried +over it successfully and resumed our journey across the valley of rather +low but rich land, still covered in places with a mass of tall dry +grass, the fading glory of last year's beneficence. We were in the +Pawnee country. When we were about two and one-half or three miles from +the river, from seventy-five to a hundred Indians arose suddenly out of +the grass, stopped our teams, and by their unearthly yelling came near +stampeding our horses. We were caught unprepared. We did not expect to +meet hostiles, or even troublesome Indians within an hundred miles of +the Missouri River. Many of the guns were not loaded. A lame chief, +pretty well dressed in buck-skin, with a sword by his side, a pistol in +his belt, a fine rifle in his hand, and a photograph of ex-President +Fillmore, in a metallic frame, on his breast, was in command of the +Indians. He, and three subordinate chiefs were standing near the head of +the train, and I sent the doctor--the second lieutenant--and another +discreet person to confer with them and ascertain what this meant. The +other Indians in open order extended the full length of the train, and +were about five rods away. All had bows and arrows or firearms. They +used the weapons in their movements, with incessant yelling, in a +menacing manner. All things being in readiness, I went to where the +doctor and his companions and the chiefs were, near the head of the +train. I asked the doctor what they wanted. He answered that they wanted +one cow brute, a large quantity of sugar, tobacco and corn, for the +privilege of crossing their country. They were in a squatting position, +marking on the ground the boundaries of the country claimed by them. I +told the doctor that we had no cow brute and could not give one; that we +had but little sugar and tobacco, and could spare none; that if they +wanted corn to plant, we would give them a sack of shelled corn, and no +more. They understood what I said, and quickly sprang to their feet and +covered the doctor and myself with their guns. I had a double-barreled +shotgun by my side. I seized it; but before I could get it into +position, the muzzles of the guns were lowered, the yelling ceased, and +the sack of corn was accepted as toll. This was to me a new and rather +startling application of the doctrine of _posse comitatus_ for the +enforcement of an unadjudicated demand; but I have since learned that +civilized nations use battleships and cannon for that purpose. + +The great Carlyle declares that if a person possess a quality in a high +degree, whether that quality be mental or physical, he is unconscious of +the fact; but if he be deficient in any quality, either moral or +physical, he is always conscious of the deficiency; and, seeming to act +on the supposition that what he feels so distinctly, he fears others +might perceive, he is constantly hedging: therefore, a dishonest man is +always talking about his honesty, and a coward about his bravery. All +the men of our company behaved well but one, and that one was "the +Colonel." I cannot refrain from recalling an incident connected with +him. I have mentioned the unmarried lady who was accompanying her sister +to her Western home. She was sitting in the wagon with the reins in her +hand and a pistol in her lap, during all the excitement and uproar. As I +passed up and down the train, I saw the Colonel, either at the rear or +on the side of the wagons, away from the yelling Indians. The last time +I passed the wagon, the Colonel stuck his head out from the opposite +side and asked, "What are you going to do, Captain?" I said, "Fight, +sir, if necessary." The young lady, looking at him, exclaimed: "Yes, +sir; fight if necessary. Get on the other side of the wagon; be a man!" +Although the Colonel subsequently, by his conduct at Shell Creek, +partially redeemed his reputation, yet the insinuating jeers of the men, +as to which was the safer side of the wagon, kept him in hot water, and, +taking my advice, he left the train after the passage of Shell Creek, +at the first opportunity. It was a good riddance, for a coward driven to +bay, and constantly wounded by the shafts of ridicule, is dangerous. + +Our toll having been paid and the excitement having abated, we resumed +our journey across the Loup Fork valley and over the slightly elevated +high land that separate its waters from the Platte. We descended from +this high land by an easy grade, and made an early camp. Wood, water and +grass were abundant. + +We knew that a large ox-train, consisting of forty wagons or more and +known as the Hopkins train, would cross the Loup Fork the next morning. +There were quite a number of women and children in the train; hence our +gallantry, as well as our bravery, prompted assistance. Further, we had +concluded that it was wise to travel in larger bodies through the +country of the Pawnees. According to our estimate, this train would +arrive at the danger point, or toll gate, between ten and eleven o'clock +a. m. Thirty of us volunteered to go back, to assist in case of +difficulty. We were mostly mounted and ready for the start, when we saw +a horseman rapidly approaching us, and we rode out to meet him. He told +us that the Hopkins train had been attacked by the Indians, that two of +his company had been seriously, if not mortally, wounded; and he asked +for a doctor. The doctor was with us and readily consented to go, after +returning to the wagon for instruments and medicine he might need. The +rest of dashed up the gentle slope--hurry-scurry, pell-mell. At the top +we slackened our speed for observation. We saw that the Indians had +abandoned the conflict and were hurrying to the river, on the further +side of which was their village. The occasional puff and report of a +white man's rifle, at long and ineffective range, no doubt quickened +their speed. We struck out on an acute angle to cut them off from the +river, but failed. Those in boats had either reached or were near the +other shore, some three or four hundred yards away; those in the water +swam with the current and were practically out of danger: the boys, +however, took some shots at the retreating heads. I think no Indian was +killed or wounded by the shooting, but some of the boys were of a +different opinion. We were at the river bank but a short time; but +before we left it, the lame chief and his two subalterns, mentioned +above, came down to the opposite shore, raised their hands to show that +they had no weapons, then jumped into a canoe and rapidly crossed the +river to us. They asked permission to go up with us to see their dead +and to care for their wounded. The chief said five Indians were dead and +many wounded. We saw but three dead and two slightly wounded. Two white +men were wounded--one with a flint-headed arrow in the chest, the other +shot with a large ball through the fleshy part of the thigh close to the +bone. Although the arrow-head had entered the chest cavity, it had not +pierced any vital organ, and recovery was rapid; the other wound was of +a complex character, which I cannot mention, and was dangerous if not +mortal. This man was slowly recovering, however, while he remained with +us and under the doctor's assiduous care. What the final result was I +never knew. The wounded having been attended to, the train was soon on +the move for our camp. After a consultation held that evening, it was +agreed that we should travel together through the Pawnee country, and +that I should have general control of our united forces. + +Shell Creek, which was full five days' travel ahead, was said to be one +of the boundary lines separating the country of the Pawnees from that of +the Sioux. Notices stuck up along the road warned us to look out for the +Pawnees at Shell Creek. It was their last toll-collecting station. This +fact and their difficulty with the Hopkins train put us on our guard. +From what we saw of the action of the Indians, there were manifest +indications, that they were collecting at Shell Creek. We saw every day +on the opposite side of the river, long lines of them journeying towards +that point. In the afternoon of the fifth day after our union, we +arrived on the plain, through which the creek had cut its way to the +Platte River. We made a corral with our wagons, some seventy-five or +eighty rods from the creek. + +A few small flags of different colors were floating from the top of the +bank descending to the creek, indicating that the Indians were there. I +called for seventy-five volunteers to go with me to the crossing. I am +glad to say that the Colonel promptly stepped forward; and more than the +requisite number offered to go. Where the road crosses Shell Creek +valley, if it is proper so to call it, it is from fifteen to twenty feet +below the general face of the country, the valley not being over four or +five rods in width. It is a small stream, but its shallow waters flow +over a bed of treacherous quick sand. The earlier immigrants had cut +down the nearly perpendicular bank so as to make the descent and ascent +practicable, to and from, the narrow valley. They had also, from the +nearby timber in the valley of the Platte River, obtained stringers, +placed them across the creek, and covered them with heavy split or hewn +cottonwood puncheons. + +I formed my volunteers in a line, open order, and facing the crossing. +In this order we marched quite rapidly towards the creek until we were +eight or ten rods away, when an order of double quick was given,--we +dashed down to the bank, and found from seventy-five to a hundred +Indians, all armed, at different points along the bank and near the +crossing. We covered them with our rifles and shotguns. There was an +ominous silence for a short time. They soon arose, however, and all but +two crossed the creek and went to a bald knoll a short distance below +the crossing. One or two started to come up to us, but we waved them +off. The puncheons had been removed from the stringers and thrown into +an irregular pile on the further side of the creek. Two Indians stood +upon the pile. I asked for two young men to go down to replace the +puncheons. Quite a number volunteered. I selected one standing near me, +and another called Brad. Both were stalwart and muscular. Brad was a +great boaster, but a noted exception to Carlyle's rule. He was as +courageous as a lion. The puncheons were thick, water-soaked and heavy. +One of the two Indians standing upon them departed as Brad and his +companion approached; the other, silent and sullen, maintained his +position on the pile, and when Brad took hold of the end of a puncheon +he walked down to that end, thus compelling Brad to lift him as well as +the puncheon. Someone said "hit him, Brad." I thought the order a proper +one; so I said nothing. Brad, who was great in a power emanating from +the shoulder and culminating in the knuckles of the hand, struck, with +all his force, the Indian on the point of the jaw; the Indian fell to +the ground a limpid heap, and did not recover until nearly all of the +puncheons had been replaced. When he arose his face was covered with +blood from either the effect of the blow or his fall. He walked slowly +towards the knoll where the other Indians were, and his appearance among +them created quite a sensation and uproar. It was manifest that there +was no unity of purpose, or action among them. As soon as the bridge was +repaired we crossed over with four-fifths of the men; the other +one-fifth went back to help bring up the train, and to assist in the +crossing if necessary. I left the command with the doctor, and as the +evening was fast approaching I selected a camp about one-half of a mile +beyond the crossing, where grass, water and wood were plentiful. The +first lieutenant superintended the camping. When I returned I found that +the doctor had "the lame chief" and two other younger chiefs as +prisoners. They had crossed the line marked out by him, and he retained +them as hostages. The lame chief was somewhat reconciled to his lot, but +the young men were taciturn and sullen. The lame chief knew English and +talked it sufficiently well for us to understand him. I told him that we +would give them plenty to eat, with blankets upon which they could +sleep, and that we would part as friends in the morning. I told him +further that if the Indians attacked us that night he and the two young +chiefs would be killed. I told him that he could control the Indians, +and that we required him to do it. All of this was said to him in a most +positive and emphatic manner, and he communicated it to the younger +chiefs. I asked him what so many Indians, all armed, had come away from +their villages and to the boundary of their country for? He said the +Indians had no bad feelings towards the horse-train, but they had come +to make the cow-train pay for the killed and wounded in the fight at +Loup Fork. He said that they did not expect to find us with the +cowtrain. Certain it is, that every circumstance pointed to the +conclusion that had not our train been present, the Hopkins train would +have been compelled to contribute largely, or would have had another +fight more disastrous, perhaps, than the first. The night was made +hideous by the almost constant yelling of the Indians. I remained up +until eleven, when I retired, worn out and with an acute attack of +neuralgic head-ache. After a time I slept or dozed, notwithstanding the +uproar. The doctor also had gone to his wagon. The first lieutenant was +in command. About three o'clock he came to my wagon, and requested me to +get up; he feared, he said, an attack. The Indians, he informed me, were +already approaching us. I found that the warriors had left the strip of +timber on the river and were within one hundred yards of our +picket-line. I went around the camp and found nearly everyone awake and +up. I then went with the lame chief and his guard to the picket-line. I +told him to tell the Indians, that they must not come any nearer. The +chief began to speak immediately and continued to talk for two minutes +or more; and while we did not understand what he said, the tumult +ceased, and from thence on, comparative quiet prevailed. In the morning +we gave our hostages a good breakfast and presented them with a cow +brute so lame that it could not travel farther. I saw it killed. An +Indian with a strong, and to me almost inflexible bow, threw himself on +his back, holding the steel or iron-pointed arrow with both hands +against the string of the bow, and with his feet springing it sent the +arrow deep into the heart of the animal, which fell at his feet. This +was the first exhibition I had ever seen of the power of the bow as a +weapon and life-extinguisher. At short range, with a cool nerve, with a +full quiver, a person thus armed would be a dangerous foe. + +We got an early start the next morning. We bade our hostages good-bye +without regret, and entered onto the land of the Sioux with hopeful +satisfaction. We journeyed full twenty miles that day, and camped on a +treeless plain with good water and plenty of grass, but no wood save +buffalo chips. This want of wood was to continue for hundreds of miles. +It was amusing at first, to see the ladies handle the buffalo chips. +They literaly cooked with their gloves on. But the principle announced +by the poet soon asserted itself: + + "Vice is a monster of so frightful mien, + As to be hated, needs but to be seen; + Yet seen too oft, familiar with her face, + We first endure, then pity, then embrace." + +I do not mean to say that they embraced this fuel; only that they used +it as they would other fuel--simply obeying a law of necessity and +enduring it. + +This morning we parted from the Hopkins train, got an early start and +made a late camp over twenty miles away. + +Early in the commencement of our jurney to the sunset land, I organized +a hunting party of four good shots, two of whom I was personally +acquainted with and knew that they were well qualified for their +position; the other two were chosen on the recommendation of their +acquaintances and friends. This selection turned out to be not only +harmonious, but a fit and proper one. They organized by the election of +the doctor and myself as alternate captains, expecting that one of us +would accompany them on each day's hunt. The work was exciting, with a +dash of danger in it, and was arduous. Heretofore there had been no +opportunity for the proof of their skill. This day, having determined +from our guide-book where to camp, I accompanied them to the hills. +Shortly after noon the hunters came across a small herd of buffalo in a +gully where there was a little pool of seepage water, and succeeded in +killing two--one a yearling, the other a barren cow. I was not in at the +killing, but I succeeded soon after in ending the swift-bounding career +of a fine antelope. We cut the meat from the carcass of the two buffalo +and placed it in sacks or rather strong saddle-bags made for that +purpose. The bones, neck and horns, save tongue, as well as the hide, +were left to be more thoroughly cleaned and devoured by wolves, the +ever-ready scavengers of the plains. My trophy of this day's hunt, minus +the head and neck, was strapped to the saddle of my horse, and thus by +her, grudgingly, borne into camp; but she became accustomed to such +work, and protested only at the stinging tightness of the cinch. This +was our first ration of fresh meat since crossing the Missouri River. +The meat was a treat, fat, juicy and tender. Two days after this the +hunters, accompanied by the doctor, at an early hour started for the +hills. They returned in the early evening, each with an antelope on his +saddle. They saw plenty of buffalo, but could not approach them +sufficiently near to get an effective shot. The meat of the antelope, +while not as rich and juicy as that of the buffalo, is in the spring of +the year, when the grass is green, sweet and tender. It is of much finer +grain than that of the buffalo; and the animal is more select in his +appetite, eating only the finer grass, with a delicate flavoring of the +finest sage, which in many cases was quite distinguishable. I remember +that not many years ago the choicest beeves were steers fattened on the +rich and luxuriant bunch-grass of the hills, which a week or ten days +before marketing were driven to and herded in the valleys where the +small sage abounds. They ate it not as a matter of first choice, but of +necessity. Such beef, to the epicures, was the realization of a +long-felt want. + +The work of the hunters was strenuous, and as a partial compensation for +their longer hours, and the beneficent results of the successful work by +them, they were excused from guard-duty in the night. To this all +agreed. + +On the second day after the doctor's debut as a hunter, I accompanied +the hunters to the hills. We did not find game plentiful, but we +occasionally caught the glimpse of an antelope bounding away out of +range. The day was excessively hot. Late in the afternoon, however, the +hunters started a large buffalo bull from the channel of a dry creek, he +ran up the channel towards me; and as he attempted to pass me a few rods +away, I fired and struck him in the heart, and he staggered, lunged and +fell. This was my first buffalo, and I was, of course, elated with my +luck. The hunters would probably have killed him had it not been for my +fortunate intervention, for they were in close pursuit on the higher +plateau on either side, and were fast converging towards him. He could +have scarcely run in safety, the gauntlet of four such expert riflemen. +As it was, however, the honor was mine. The pelt or robe was large and +very fine, but we were compelled to leave it and the stripped bones to +be devoured by the waiting wolves. From thence on until we crossed the +Rocky Mountains, we had a liberal supply of fresh meat, consisting of +antelope, buffalo, a few deer, three elk, one brown bear, and one +bighorn Rocky Mountain sheep, or goat. + +So far as travel was concerned, each day was but the tiresome repetition +of the preceding one, with very slight variations. When we arrived at +Fort Laramie we stopped for some three or four hours. We crossed the +river and made a friendly visit to the officers of the fort. We found +them to be true American soldiers and gentlemen. The commandant told us +that he had heard of the Pawnee difficulty, and had sent an officer and +a squad of soldiers to enquire into the affair. He was very anxious to +hear from us a statement of the whole matter. I gave him as full a +statement as I was able to, and both of us were of the opinion that it +was precipitated by the want of proper discipline and control of the men +in the train. This may not be very flattering to the white men, but it +is the truth, notwithstanding. + +I am not a military man, but I was not impressed with the idea that +Laramie, surrounded as it is by an amphitheatre of commanding hills, was +a fit site for a fort. As against an enemy with modern artillery, I +thought it to be hopelessly defenceless. As against Indians it possibly +might do. But then, I knew nothing of Plevna, similarly situated, and so +heroically defended by the Turks against a superior and well-equipped +Russian army. + +Leaving Fort Laramie, we now entered the Black Hills country. After a +two-days' journey in the hills, finding grass, water and wood in great +abundance, we concluded to rest for two days for laundry and +recuperative purposes. Our horses began to show the effects of the +journey, and the want of their accustomed food. No animal has the power +of endurance of man, unless it may be the wolf, "whose long gallop," +says the poet, "can tire the hounds' deep hate and hunter's fire." + +On the first day of our rest I accompanied the hunters into the hills +for game. About three miles from camp, on a wooded side-hill, they came +across a band of fifteen or more of elk and succeeded in killing three +of them. I was not in at the killing, but caught a distant view of the +noble antlered monarchs of the forest, as they sped away to deeper and +safer retreats in the depths of the woods. As we did not kill for the +love of slaughter, but for food, we declared the day's hunt a success, +and prepared our meat for transportation to the camp, in the usual +manner. I have killed quite a number of elk since that time in the +mountains of Oregon, but I have never seen one larger than one of those, +although I have seen much larger and finer antlers than adorned the +heads of any of them. The purpose of the antlers, in my judgment, is not +to furnish the animal a weapon in fight, but as a protection to his +shoulders as he dashes through the brush in flight from an enemy or in +pursuit of his mate. When he moves swiftly he elevates his nose until +his face is nearly in a line with his back; the antlers, extending back +on each side of the shoulders, thus affording them protection. The bucks +always lead in such flights, and to a certain extent open the way; hence +the females have no need, or not so much need, of such protection. +Somewhat disappointed with my failure to get a shot at an elk on the +preceding day, I again accompanied the hunters. We made a wide circuit +through the hills, some of which were covered with timber, while others +were bald. That it was a country abounding in game was manifest in the +signs appearing everywhere. We saw a few antelope in full flight and out +of range; we also startled from his sylvan couch a black-tailed buck, +being the first of the deer kind seen in our journey. One of the hunters +sent a ball after him as he bounded through the brush and timber, but, +unscathed, he dashed on. As the day was fast waning we turned our +horses' heads campward, and commenced the ascent of quite a high hill to +take an observation of our latitude and longitude, and also to determine +the exact location of our camp and the best route to it. The western +side of this hill was covered with brush and fallen and dead timber. +While we were standing on the top viewing the topography of the +surrounding country, a large cinnamon bear, affrighted by our presence, +started from his lair, and in all probability his patrimonial jungle, +and dashed at a furious speed down through the brush and over the logs +and rocks of this steep side-hill. We emptied our rifles at him as he +plunged downward at such headlong speed. But one ball struck him and +that broke his right shoulder, much diminishing his speed and almost +entirely destroying his climbing powers. We soon came upon him at the +foot of the hill in a bad humor, but we quickly ended his career. He was +in fine condition; his estimated weight was from 275 to 300 pounds. We +removed the pelt, with his feet, and took them into camp as a matter of +curiosity; we also took the meat into camp, but it was not much +relished. The hide as well as most of the meat was given to begging +Indians. + +At Laramie a man and his wife and one child--a little girl between seven +and eight years of age--asked permission to travel with us. The man had +started the year before, got as far as Laramie and had remained there +during the winter. His team consisted of four yoke of young oxen, well +conditioned for the trip. He had a hired man to drive them. He had a +band of forty heifers and cows. Many of the cows were giving milk; +thinking a little milk in our coffee would give it a home flavor, we +readily acceded to the request. We helped him to drive his loose stock +and do the milking. When we asked her, by politeness called his better +half, for a small quantity of milk, we found that we were dealing with a +Shylock. She had milk for sale, but not to give away. We were about to +strike when the husband intimated that our canteens were useful. We took +the hint, and after that, somehow, our coffee changed its color. To cut +this narration short, let me say that while he was six feet tall and +well proportioned, he stood still higher in the class of +antivertebrates--henpecked nincompoops--than any specimen of the genus +homo I have ever known; and she stood higher in her class of imperious +virago. How a child, sweet in her disposition, and lovable in all her +ways, could be the issue of such a union, was a mystery to us all. +Afterwards I had the pleasure of saving the little girl from drowning in +the crossing of Port Neuf near Fort Hall. A majority of the company +voted to go by way of Fort Hall and to cross the Port Neuf near its +junction with the Snake, instead of crossing it higher up, thus keeping +continuously on the highlands. I protested, but finally yielded to this +almost unanimous desire. I think the agreeable companionship of some of +the factors of the company with whom we had become acquainted, at Soda +or Steamboat Springs on Bear River, had much to do with this +determination. From the Fort, where we were hospitably entertained, to +the bluff and road beyond the Port Neuf was about five miles. The water +of the Snake and the Port Neuf had but recently overflowed the valley +between the two, and left it a miry quicksand morass, almost impossible +of passing. It took us three days of hard labor and strenuous efforts to +reach the bluffs. The heavily-loaded wagon of the nincompoop and the +virago was almost constantly mired. We had little to do with him, but +with her it was a constant conflict. At last we got her wagon to the +river. He was on the highlands with the loose stock. The river for +twenty feet or more was from seven to ten feet in depth. With a true +team and a proper wagon this space could be safely passed. Her team, +however, consisting of a horse and a mule, when they reached deep water +made a lunge, then balked. The wagon filled with water and the current +turned it over. She had insisted on driving and on having the little +girl with her in the wagon. When it went over quite a number of us young +men, who had been working nearly all day in our drawers and undershirts, +plunged into the stream, and as we passed over the cover of the sinking +wagon seized it and stripped it from its bows. Close beside me the +little girl popped up; I seized her, and with a few strokes took her to +shore, with no damage done her save a good wetting. It was a question, +for a short time, whether the virago would drown the young men who were +trying to save her, or they would succeed in their efforts. I went to +their assistance and we brought her to the shore, but she needed the +doctor's assistance. She had in ballast more water than was necessary, +and by a rolling process was forced to give it up. Their team having +been safely extricated--the wagon and its contents on shore, and soon +transported to highlands, we found among their contents a large demijohn +of first class brandy, to all appearances never opened, probably +because the Snake country had not been reached; and as the dominant +owner of said brandy was suffering from the too free use of water, we +all drank to the toast, with a delicate courtesy, for her speedy +delivery. Oblivious of the fearful danger of microbes, each tipped the +demijohn at an angle and for a duration of time suited to the occasion. +This spiritual passage having become historic, we hitched up our teams +and journeyed onward to a creek about two miles distant, where we camped +for the night. Next morning we bade a sorrowful adieu to the sweet, and +much-loved and sprightly daughter of our train and our whilom +companions, and resumed our journey down the left bank of the Snake +River. This road led us over a desolate and treeless plain of sage-brush +and grease-wood. The sun, at times, sent down its rays with scorching +power. The alkaline dust, betimes rolled up in suffocating volumes. The +pleasures of the chase were at an end. This dreary and waterless plain +was not the abode of animal life, save the lizard, the horn toad and the +rattlesnake. Game was said to be plentiful in the foothills and +mountains, but they were too far away. The few Indians scattered along +the river and the far-separated and uncertain tributaries had, I am +informed, no organized tribal relation, but were the vagabonds driven +off by contiguous tribes. Their subsistance was precarious, consisting +of fish, grasshoppers, crickets or black locusts, and an occasional +rabbit. But two incidents worthy of narration occurred in our journey +down the river. One was a stampede of our horses by the Indians about +two o'clock a. m. One of the four men detailed to guard them on that +night informed me that he was unwell, and I took his place. The horses +were on excellent grass a little over a mile from camp. A short time +before sundown we rolled up our blankets and with our arms, departed for +our night's work. We all took a careful survey of the surroundings and +the horses, and then two of us rolled ourselves up in our blankets to be +awakened at one o'clock a. m. Promptly at that time we were called. The +watchmen reported that all was well; but the horses seemed a little +restless and uneasy, and the watchmen thought that wolves were prowling +around in the sage-brush, and although unseen by them, the presence of +the wolves was detected by the keener scent and clearer vision of the +horses. + +The night was star light and clear. The moon, when our watch commenced, +was just lifting its pale head above the eastern hills. We made a +circuit of the herd and passed among and through them, for some were +spanselled and others had long trail ropes about their necks. Finding +all things in a satisfactory condition, my companion took his position +on the left of the center of the herd, and I a similar position on the +right. Scarcely had we got to our position when a small band, or party, +of Indians suddenly arose from the sage-brush about midway between us, +and, with a wild whoop and flourish of blankets, startled the horses and +sent them, with all the speed they were capable of making, towards the +distant western hills. I fired a shot at long range in the direction of +the perfidious savages, but I am quite certain that it did them no harm. +They immediately disappeared, however, in the thick sage-brush, and I +saw no more of them until I had succeeded in stopping the horses. I got +hold of several trail-ropes, one of which belonged to my favorite riding +mare; I quickly mounted her, and with a dash I was soon in front of the +affrighted animals. I talked to them; they knew my voice and stopped. +The horse looks to his master as his protector. I have seen many proofs +of this fact in my lonely wanderings in the hills and mountains, with no +companion but my faithful horse. Such a horse always knows where you +are; if he does not, he will take your trail and come to you. If in a +strange wood, and you get separated from him, he will often whinny; but +I am digressing. + +After having succeeded in stopping the affrighted animals, I took a +careful survey of my desolate surroundings. I saw to my left three +Indians standing on a slightly elevated ground, and I raised my rifle to +fire. They saw my movement and they quickly dropped to the ground. I +sent a bullet as near as I could to the spot; and while I think it did +them no injury, yet it was a notice that I was armed, and an admonition +not to come within range. I was satisfied that they were unarmed, save +with bows and arrows, which, to be effective, required both ambush and a +short range; so, although five or six miles from camp, I was fearful of +neither. + +I saw that the horses, hobbled or spanselled, were very much impeded in +their ability to travel, only being able to go by short jumps. +Dismounting, I unbuckled some and cut the hobbles of others. About three +miles from camp I met a rescuing party, among whom was my guard +companion. I was inclined to blame him for not accompanying me in my +wild race, but I have long since forgiven him. Such an incident was not +uncommon in the early migrations to this coast. The attempts were +numerous, but generally not as successful as this one. + +The next day, early in the morning, as we were moving slowly along at +the foot of a high and bald ridge, whose top was enveloped in fog, we +heard coming from the top a shrill voice saying in prolonged accents, +"Steal Hoss--God dam!" Some thought it to be the voice of an angel; +others said that if the voice was that of an angel, it must have come +from a fallen angel, because the language was very improper for one +retaining his first estate; while others suggested that it was nothing, +but an extract, or echo from my soliloquy, as I dodged through the +sage-brush and grease-wood on that awful night in hot pursuit, of our +affrighted and fleeing horses. Despite the plausibility of this last +suggestion, I adhere to Lord Byron's contention that the anatheme was +the nucleus of England's native eloquence; and if so, why not of Indian +oratory? + +After passing around the point of this angelic ridge, the road diverges +to the westward from Snake River and passes over some high, bald ridges +separating it from Burnt River. + +On the afternoon of the 17th of July, an oppressively hot and sultry +day, our train descended from a high and volcanic table land to the +narrow valley of Burnt River in Southeastern Oregon. The way down was +through a long, narrow and treeless canyon into which the sun poured +with focal power. This canyon, and, in fact, Burnt River valley, is the +home of the festive rattlesnake. He is of the large yellow bellied +species, fierce in his war moods, and deadly when, from his spiral coil +battery, "He pours at once his venom and his length." + +Impatient with the slow progress we were making, myself and three other +young men that night, resolved that in the morning we would dissolve our +connection with the train, and hasten, with longer marches and +quickened pace, to our journey's end. Accordingly, early the next +morning we packed our provisions, blankets and other personal effects on +our horses, and, bidding adieu to our companions, shouldered our rifles +and, with reliant faith in our ability to protect ourselves, started on. +Our course was up the narrow, silent and gloomy valley of Burnt River. +The banks of the river were fringed with a stunted growth of cottonwood +and poplar. On either side were high and treeless hills of red earth and +rocks, the still remaining evidence of the presence of tremendous +igneous agencies in the far-distant past, and which, no doubt, gave the +river its name. We camped at noon on a small brooklet which came +rollicking down from its canyon home until it reached the valley, and +then, embosomed in willows and tall rye grass, flowed silently on to the +more noisy and pretentious river. A short distance from camp in a sunny +glen we discovered an abundance of service berries and black currants, +large, luscious and fully ripe. Having tasted no fruit of any kind for +over three months, that noonday repast was not only greatly relished by +us, but it awakened associations of home and home life. As we feasted we +talked of sister, mother and the bright-eyed girl far away. All things +enjoyable must have an end. + +It was time to move on. On our return to camp we came across a monster +rattlesnake, coiled up and defiant in his lonely home. Having heard it +said that tobacco was a deadly poison to this species of snake, we +concluded to stop long enough to verify or disprove this saying. We cut +some long willow switches and split the smaller end, into which we +fastened a quantity of strong, fine-cut chewing tobacco, moistened so +that the juice would flow freely, and then presented it to his worthy +snakeship with our compliments. He struck it three times viciously. We +could not induce him to strike it any more. He had got a quantity of the +juice and some of the tobacco in his mouth. It manifestly had taken all +the viciousness out of him. He was evidently subjugated. He began slowly +to uncoil, and as he lay at full length a tremor passed over him and he +was seemingly dead; but for fear he might recover we bruised his head, +not with our heels, but with stones. + +In stating this little incident I have wandered somewhat from the thread +of my narrative. I do this for two reasons: First, to show that I am a +lover of experimental science; and, secondly, to show that the filthy +weed may be put to a good purpose. + +Late that afternoon we made our last camp in the dismal valley of Burnt +River. The next morning we made an early start, and found ourselves on a +high sage-brush plateau just as old Sol was lifting his fiery rim above +the eastern horizon. To me an alkaline plain covered with unsightly +sage-brush, burnt with fervent heat, destitute of water and animate with +no carol of bird, or hum of insect, is the very symbol of desolation; a +silent, monotonous and dreary waste, fit only for the habitation of +lizards, horned toads, and other reptiles. Such, to a great extent was +the prospect before us. We consulted our guide-book and learned that the +only water for over forty miles was a well or spring near the road, some +twenty miles distant. + +We pushed on. The day was intensely hot. Two o'clock came, and three, +and four, but no spring. We had, evidently in our headlong eagerness to +make distance, overlooked it. The sun went down in a bank of clouds, +whose storm-heads loomed above the Blue Mountains, to our left. Darkness +came on. The gleam of lightning and the sullen roar of distant thunder +warned us that a storm was coming. The fast-ascending clouds soon +covered the sky, and the darkness became intense. We called a halt, and +decided to stop for the night. We unpacked our horses and turned them +loose with trail-ropes fastened to their necks. By the friendly aid of +the lightning we were able to spread our blankets amid the sage-brush. I +must confess that as I lay that night wrapped in my blankets, with a +saddle for my pillow, startled ever and anon by the lightning's fearful +glare, and listened to the rolling thunder as it reverberated with many +voices through the canyons of the Blue Mountains, a spirit of absolute +loneliness came over me. I was homesick. I thought of my father's home, +where there was comfort and abundance. I was also troubled with the +thought that our horses might hopelessly wander away in that night of +storm. But balmy sleep--tired Nature's sweet restorer--soon put an end +to these melancholy reflections. I slept soundly despite the storm, and +did not awake until the gray streaks of morning streamed up the eastern +sky. When fairly awake, I leaped from my blankets, uncovered and +examined my rifle, and after buckling on my belt in which were a Colt's +navy revolver and hunting knife, without disturbing my companions, I +started on a hunt for our horses. I soon found their trail and followed +it with quickened speed. I found them about three miles from camp in a +beautiful little valley covered with grass, and through which flowed a +small streamlet of pure cold water. After quenching my thirst and +filling my canteen, I mounted my favorite animal, and rode back to +camp, the others following. I arrived at camp before my companions had +awakened. I aroused them with a wild whoop, and treated them all from +the contents of my canteen. We speedily packed up and hastened onward in +search of green fields, and especially running brooks. About eight +o'clock we came to a tributary of Powder River. Here we cooked our +breakfast, not having eaten anything but hard tack for over twenty-four +hours. + +We made a late camp in the afternoon of that day on Grand Rounde River. +The evening of the next day found us on the west bank of the Umatilla +River. These long and forced marches had begun to tell unfavorably on +our horses. I was reminded of the declaration that man had better bottom +and finer staying qualities than any animal, except the wolf. Enured as +we were to hardship and in perfect health, with no surplus flesh, and +with muscles hardened by over three thousand miles of travel, mostly on +foot, the wolf even, could ill afford to give us percentage in a race +that involved staying qualities. Our camp being an excellent one, and +grass, wood and water, as well as fish and game, being abundant, we +decided to remain for three days to recruit our jaded horses. + +While out hunting the next day, I came upon the camp of a white man, +about a mile up the valley from our camp. I made bold to appear at the +door of his tent, and found a middle-aged and jolly-looking man who +received me with open-handed cordiality. With a smile he told me that +his name was Kane, that he was the Indian Agent for that portion of +Oregon. In answer to his inquiries I told him all I remembered about +myself, and he, as a compensation, gave me a brief synopsis of his +personal history. The conversation soon turned on Indian habits and +customs; the numerical strength of the tribes in the great Columbia +basin, their war tendencies and their desire of, and capability for a +higher civilization, at least so far as the tribes under his supervision +were concerned. He argued that they had already passed from the purely +savage state to the pastorial; that they were owners of large bands of +horses, had made a commendable start in the acquisition of horned +cattle, and were very desirious of increasing their stock. He said that +quite a number of individual Indians owned from one hundred to five +thousand head of horses, "and to convince you," he said, "that these +Indians desire to advance in the line of higher civilization, I may +mention the fact that a Cayuse chief, the fortunate owner of over 2,000 +head of horses, and has an only and lovely daughter, offers to give 600 +head of valuable horses to any respectable white American who will marry +his daughter, settle down among them, and teach them agriculture." He +gave a glowing description of this maidenly flower, born to blush +unseen, and waste her sweetness on the bunch-grass plain. Touched by the +inspiration of his eloquence, I inadvertently expressed my desire to see +this incomparable princess. The agent responded that he had business +with the chief and that he would accompany me on the morrow to his camp, +situated about six miles up the valley. Nine o'clock in the morning was +fixed for starting. I returned to our camp, rehearsed to my companions +the incidents of the day, and took an inventory of my rather limited +wardrobe. Be not alarmed, gentle reader; I am not about to tell you what +my attire was on that interesting occasion; suffice it to say that it +was becoming to an American sovereign. + +At the appointed time I was at the agent's camp. Two horses saddled, +with ropes around their lower jaw for bridles, were in readiness. I +approached the one allotted to me, but as I neared it, it snorted and +shied. I inquired if it was gentle. "Perfectly so," was the emphatic +answer. An Indian held him, however, as I volted into the saddle. He let +go, and we bounded away at a furious speed. At the distance of two miles +or more I found him willing to yield to the pressure on his jaw and to +slacken his headlong pace. We arrived at the Indian village about 10 a. m. +It was stationed on the margin of the river in a beautiful grove of +timber. It consisted of a dozen or more conical shaped tents. We rode up +to the front of the principal one, dismounted, and hitched our horses by +dropping the trail rope to the ground. The chief came to meet us, and +his reception of the agent seemed to be very cordial. I was introduced +as his friend, and we shook hands and said "Klahowa" to each other. We +entered the tent. There was no furniture, so we were seated on a roll of +bed-clothing next to the wall. An animated conversation was kept up +between the chief and the agent. I did not understand the Indian +dialect, nor could I then speak the classic jargon; hence I had plenty +of time and opportunity for observation. My eyes rolled around the +somewhat contracted royal mansion. I saw there a dumpy female of middle +age, with a heavy but knotted and uncombed head of hair silently engaged +in ornamenting a new pair of moccasins with steel and glass beads. This +could not be the princess? + +The agent told me that the chief desired to talk with me about the +incoming emigration; I assented, the agent acting as interpreter. This +conversation ending, I went out to take a more accurate survey of the +village. While standing in front of the chieftain's tent, a young Indian +woman, riding astride of a very fine horse, approached the tent. She +reined up her steed a few feet in front of me, showed a little +astonishment at my presence, and lightly dismounted without any +assistance from me. She tarried for a moment to pet her horse, thus +giving me an excellent chance for observation. While I can not say that +her form was sylph-like and elegant, yet her features were not +irregular, nor was her form misshapen. She was of medium height and +stood erect. Her head was covered with a luxuriant growth of dark coarse +hair, flowing over her shoulders and extending down to her waist. Her +hair was neatly combed; around her neck she had several strings of +different-colored beads, large and of bogus pearls; she had on a short +gown closely fitting her neck and body, and extending to her knees; it +was made out of soft buckskin and was tastefully ornamented with beads, +and fringed around the bottom; her lower limbs were wrapped in buckskin +leggings with fringed stripes at the sides; her feet were covered with a +neat pair of moccasins, ornamented with beads. Such was the chieftain's +daughter as I then saw her. She dashed by me and entered the tent. I +soon after followed. I judged from the long and inquiring stare of the +mother, and the quick and abashed look of the daughter, that the agent +and chief were talking about me; and I subsequently learned that such +was the fact. By invitation of the chief we stayed for dinner. I will +not detain you by a description of that repast. After dinner we smoked +the pipe of peace and friendship, then bade adieu to the chieftain and +rode back to our camp. The next day I went up to the agent's camp and +wrote for the "Detroit Free Press" a description of the Umatilla Valley +and the surrounding country, stated the number of Indians residing +there, their mode of life, their habits and customs, together with their +desire for civilization. I stated the generous offer of the Cayuse +chief, and closed with a glowing description of the dusky princess. I +mailed the letter at The Dalles. + +In due time we arrived in the Willamette Valley. Over three months +elapsed before I received a copy of The Free Press containing my letter. +By a strange perversion the printer had changed the word "cayuse" into +"hans." This explained a mystery. Quite a number of letters directed to +the chief of the "Hans" Indians, care of the superintendent of Indian +affairs for Oregon, had been received by him. No one knowing anything +about the Hans Indians. These letters were afterwards published in the +Oregon papers. I will give from memory a synopsis of two of them. The +first was written by a Michigan man, and he was endorsed by Lewis Cass, +Henry Ward Beecher and many other noted persons. It was a plain, +straight-forward letter and unconditionally accepted the chieftain's +offer. He desired to be speedily notified, in order that he might come +on to accept his patrimony and open his agricultural school. The other +letter was written by a Virginian. He was endorsed by the Senators of +that State and by most of its Representatives in Congress. A +daguerreotype accompanied the letter. This gallant gentleman stated to +the Chief that he would scorn to accept the hand of the daughter unless +he could first win her heart. He flattered himself, however, that he +would have no difficulty in that matter. The whole tone of the letter +was that of a regular masher. I do not know whether these letters ever +reached the chief and his fair dusky daughter or not, nor do I know +whether he was blessed or cursed with a white son-in-law. + +My belief is that the perverseness of that Detroit printer obstructed +the civilization of a tribe. + +In conclusion, the jolly Indian agent was gathered to his fathers years +ago. The bow has fallen from the nerveless grasp of the generous +chieftain. The princess may still be alive; if so, and if her eyes by +chance should fall upon these lines, she will, no doubt, remember the +bashful and ungallant young man who met her in front of her royal +father's mansion in the beautiful Umatilla Valley in 1852. + +On the morning of the fifth day after our arrival in the beautiful and +fertile valley of the Umatilla we resumed our journey. Our first point +of destination was The Dalles. There we replenished our nearly exhausted +stock of provisions. From thence, our first camp was at the eastern base +of the Cascade Mountains. We passed over this rugged and +densely-timbered range by the Barlow Route. In addition to the stillness +of the solemn and continuous woods, and the majestic splendor of the +amphitheatre of surrounding mountains, there is the steep descent at +once of Laurel Hill from a summit plateau to the valley of the Sandy +River below. While it involves some sacrifice of truth to call this the +descent of a hill, it requires a greater poetic imagination, from the +few stunted Madronas, not laurels, standing on the western rim, of this +summit table-land, to call the place Laurel Hill. I saw wagons with +their household goods and gods descend this so-called hill. None but +pioneers on whose brow and face sunshine and storm had stamped their +heraldic honors, who had swam cold and turbulent mountain streams, had +passed down steep, rocky and dangerous canyons, and had crossed +treacherous streams of quicksand, would ever have attempted this +descent. To such seasoned veterans, impossibilities had a constantly +diminishing radius. With a steady yoke of oxen--or a true and biddable +span of horses--with a long and strong rope fastened to the hind +axle-tree of the wagon and wound around some contiguous tree and +gradually loosened, the wagons were safely let down these rough and +almost perpendicular descents. My information is that no wagons pass +over this road now. It answers for a bridle-path and pack-trail, and no +more. Old Mount Hood, along whose southern base we passed, stood forth +in her imperial grandeur. The waters of the Columbia wash her northern +base and the southern base of Mount Adams, her sister peak. A huge +rock-ribbed canyon, at the bottom of which rolls the Oregon, separates +the two. + +An interesting Indian tradition connected with these mountains has a +narrow yet substantial footing in fact, but a broader, more airy and +more poetic foundation in myth. It runs thus: + +Prior to the tremendous conflict and convulsions mentioned herein, the +waters of the Columbia and of its many tributaries were confined in the +great basin east of the Cascade Mountains. They had no outlet to the +ocean. Mount Hood and Mount Adams had for ages been friends; but in +process of time they became estranged. That estrangement deepened in +intensity until it culminated in a tremendous conflict. They hurled +giant boulders at each other. From their tops they sent against one +another huge and flaming volumes of fire and molten lava. In their +herculean and supreme efforts for victory they tore asunder the +mountains and let the long-accumulated waters of the upper basin rush +downward to the ocean. Thus, was their separation made final and +irrevocable. + +It is not in the line of this narrative to marshal the reasons for, or +against the probability, or improbability, of Indian legends. If I +should depart from this rule in this instance, I would say that the +similarity of the rocks on both sides of the great Columbia River gorge; +the presence of submarine shells embedded in the great eastern basin, as +well as the formation of its converging ridges, and the character of its +soil, lend a certain tinge of verification to a portion of this legend. +The other portion may be taken as a poetic description of volcanic +action, with an attendant earthquake or seismic convulsion of great +intensity, and of tremendous force. + +From this speculation, let us return to more solid ground. There are two +rivers heading near the same point, in the marshes and the highest +tableland of the Cascade Mountains. The waters of the one, flow eastward +and find the Columbia by a tortuous course east of the mountains; the +waters of the other, flow westward and empty in the Columbia above the +mouth of the Willamette. The Barlow Road is located on the northern side +of this depression, or break in the mountains. Let this brief, and +imperfect geographic statement serve as an introduction to the following +incident: + +Late in the fall of 1847 a large ox-train, with many loose cattle, +attempted the ascent of the mountains by the eastern river, but were +finally blockaded by the constantly-increasing depth of snow. There +were many women and children, as well as stalwart men, in the train. The +situation was perilous, threatening great suffering, and the possibility +of starvation; hence, two men were deputed to cross the intervening +snow-fields to the Willamette Valley for assistance. R. and B. were the +men chosen for the difficult task; and with both of them I subsequently +became well acquainted. Equipped with snow-shoes, they successfully +passed over the summit's ridges to the desolate base of old Mt. Hood. +Here they were enveloped in a dense fog--that most fearful of all +calamities to a man in unknown woods, or mountains. Even to the +experienced hunter or trapper, familiar with the topography of a +mountain range, or a dense forest, the coming-in or settling-down of a +fog envelopment, is viewed with apprehension, and alarm. A fog +obliterates all the landmarks. Darkness has different shades of +blackness;--the depth before you has an intensified blackness; the +shadow of a mountain peak makes its huge column, or wooded side still +darker. R. and B. became bewildered in the continuous fog. Their +provisions were exhausted, and they were subsisting on snails. R. was +six feet and well proportioned--brawny and enured to toil; B. was +smaller and of a more delicate constitution. R. was a pronounced +skeptic; B. was a man of faith and inclined to look for safety to a +higher power when immediate danger was impending: hence, while R. was +eagerly hunting for food, B. was engaged in prayer. One day, deep down +under the snow, R. found the slimy trail of a snail; it led directly +under B.'s knee. R. pushed B. aside, saying: "Get out of my way--I am +nearly frantic for that snail." The game was soon captured, and R. +generously divided it with his starving companion. At the conclusion of +their scanty feast, B. said to R.: "You are much stronger than I am, and +you will probably survive me: now, if I die, what will you do with me?" +"Eat you, sir: eat you!" was the emphatic reply. B., in his subsequent +narration of the incident, said that the idea was so abhorrent to him +that it nerved him up until their escape was made. The families were +rescued, and they came down the Columbia River to the Willamette Valley, +while most of the stock was left on good pasturage east of the +mountains. R. and B. have long since been gathered to their fathers. +Their trials, difficulties and dangers are over. May they rest in peace! + +Crossing the Sandy we arrived at Foster's, situated at the west end of +the Barlow Road and at the western base of the Cascade Mountains. We +were now in the great Willamette Valley. What a change presented itself! +Here were green fields, meadows and pasturage lands. The breezes were +moist and balmy. For over three months we had been crossing over +scorched and desolate plains, encountering quite a number of sunburnt, +treeless and waterless deserts. In this valley vegetation of all kinds +was luxuriant and the smaller fruits abundant. For over three months we +had eaten no vegetable food, and we never before so warmly appreciated +the beauty and poetry of beets, onions, cabbages, potatoes and carrots. +I remained in the vicinity of Foster's for four days. On the evening of +the fourth day a rancher by the name of Baker, who lived on the +Clearwater offered me employment. He had let in the sunlight on about +ten acres of very fertile soil in the dense forest. This he cultivated +in vegetables. He took a canoe-load every day to Oregon City, distant +about five miles by his water route. My business was to prepare these +vegetables for transportation, for which I received five dollars per +day; but one morning he set me to rail making and after working a day at +it I struck. He was much amused at my rail making performance. He asked +me if I could shoot well; I answered that that was just to my hand. So +the next day we took our rifles and went up the creek-bottom and found +deer very plentiful. I shot two fine bucks while they were bounding +away, and Baker was much pleased by my ability in this line; so he +offered me six dollars a day for every day that I would furnish him, on +the bank of the creek, two deer. I successfully did this for ten days, +when, the game becoming somewhat scarce in that vicinity, he wanted me +to go out some six or seven miles into the foothills of the mountains. +This proposition carried with it so much loneliness and isolation, that +it was declined. + +While wandering through the valley of the Clearwater and the adjacent +hills, I was much struck with the wonders of petrification. I saw huge +fir-logs, petrified. I can never think of what I then saw without +recalling a story which I heard while delegate to Congress, and at +Washington City. Congress always makes liberal appropriations for the +investigation of the flora and fauna, and the mineral indications, as +well as the water supply or rainfall, in the territories, and in the +desert portions of the United States. Rugged old Ben Wade, while a +Senator from Ohio, always opposed these appropriations as a waste of the +people's money in what he styled, bug-hunting expeditions. Two +scientists, eminent for their learning, and known as Major Hayden and +Captain Powell, were usually employed in these explorations. The Major +was said to be something of a martinet, while the Captain was an +excellent judge of human nature, and had plenty of what the Philosopher +Locke called "round-about common-sense." While on one of these +scientific exploring expeditions these two gentlemen were in the +mountains near Pike's Peak. That country abounds in fine specimens of +petrification. One day the Major met a company of miners, and related to +them the wonderful specimens of petrification seen by him that day. The +miners listened with eloquent, but I fear insincere, attention to the +Major's statement. When he had concluded, one of them said: "If you will +go with me, Major, to the other side of the ridge, I will show you a +specimen of petrification that discounts anything you have seen today." +The Major listened while the miner said, that at the base of a nearly +perpendicular wall of rock, extending upward several hundred feet, there +was an Indian with a rifle in his hand pointing at an angle upward +towards the rock; that both Indian and rifle were petrified; that the +smoke around the muzzle of the gun was petrified; and, what was more +wonderful, that a short distance from the muzzle of the gun a cougar was +petrified right in the air. The Major showed some uneasiness as the +story proceeded, and said at its conclusion: "I was inclined to believe +you when you began, but now I know you are lying." The miner softly put +his hand to his pistol, but, relenting, said: "You are a tenderfoot and +I forgive you; but why did you say I was lying?" "Because," said the +Major, "I know that the laws of gravitation would bring that cougar +down." "The laws of gravitation be damned," said the miner, "they were +petrified too." + +I visited Oregon City with my friend, and observed the beautiful falls +of the Willamette and the waste of electrical and mechanical power. +Returning to his humble home, I bade him the next day a regretful +good-bye, and with my horses started for a point in Mill Creek Valley, +six or seven miles south of Salem, to the home of a friend with whom I +became acquainted on the plains. This friend had taken up a claim, and I +found him busily engaged in the erection of a building which might be +styled in architecture as a midway between a dwelling house and a cabin. +He had determined, as soon as this structure was completed, to go to the +mines in Southern Oregon. I also concluded to try my luck in digging for +gold. In the latter part of October, 1852, in company with two other +gentlemen, we started for the mines in Rogue River Valley, Southern +Oregon. The habitations in the Willamette Valley at that time were few +and far between. Large bands of Spanish cattle roamed over, and found +ample food in the upper portion of the valley. It was dangerous for a +footman to pass through that country. On horseback he was safe. But +little of interest occured on this trip. My friend claimed to be and he +was an expert rider. He had a large and powerful Spanish horse as his +riding animal. While in the Umpqua Valley he mounted this horse one +morning without saddle or bridle on a steep hill. The horse viciously +resented this breach of etiquette and plunged with stiff-legged vaults +downward and sideways on the steep incline, throwing his rider over his +head. The rider struck with his full weight and the momentum of the +horse's motion, on his right hand, throwing the small bones, to which +some of the muscles of the inner arm are attached, out of their sockets +at the base of the palm of the hand. The tendency was for these muscles +still further to contract--thus aggravating his injury. The nearest +doctor was fifty miles away. Upon examination, I concluded that these +small bones ought to be forced into their proper place, if possible, +before inflammation intervened. We accordingly placed the injured man +upon his back on the ground, and as the operation would be very painful, +the others held him securely while I forced these bones back into their +sockets. Then we bound the wrist tightly, so as to keep them in place. +When we arrived at the Doctor's he, after an examination, complimented +me highly for my surgical skill, and gave me credit for saving the wrist +of the injured man. On our way to the mines we passed through what is +known as the Canyon in the mountain-spur that separates the Umpqua +country from the Rogue River county. People now passing through this +canyon scarcely appreciate the difficulties attending the passage which +then existed. The canyon is formed by two streams, both heading in a +small pond or lake at the summit of the mountain; the one that flows +northward is called Canyon Creek. It was then crossed eighty-four times +by the road. The other stream flowed southward and was crossed by way of +the road over sixty times. In the rainy season, and especially when the +mountains were covered, or blockaded with snow, the passage was almost +impossible. The passage was strewn with the wrecks of wagons and the +bones of horses and mules. Subsequently, Congress made an appropriation +of $40,000 for a military road through this mountain gorge. This money +was faithfully expended by General Hooker. The distance through the +canyon is about nine miles. General Hooker built the military road on +the side of the mountain. In quite a number of places you can sit in +the stage and look down into a nearly perpendicular and sunless abyss +hundreds of feet in depth. Large sums of money have since been expended +by toll corporations, to keep this military road passable and in repair. + +We arrived at Jacksonville, in Southern Oregon, in the first part of +November. + +To a person who prior to that time had always been accustomed to a +different order of society, and who had never visited the mines in the +palmy days of California, a new social order was manifest. I state the +facts and the impression they made upon me as a tenderfoot; but I ought +to add that since that time, having become somewhat familiar with such +scenes, my moral sense has toughened, so that my ability to "endure" is +far greater now, than then, though my judgment as to the ultimate moral +result of such a social order has never changed. + +There were in Jacksonville and its immediate vicinity from seven to +eight thousand men, possibly more. The coat as an article of dress had +fallen into "innocuous desuetude." Soft slouch hats were universally +worn. There were but a few women, and most of them not angelic. The +mines were rich, money was abundant, and gambling rampant. I ought not +to omit the dance-halls that pointed the lurid way to perdition. I said +that money was abundant; I do not mean by this that much United States +gold coin was in circulation. There was a five-dollar gold piece that +had its origin in Oregon. It was stamped on one side with the words +"United States of America," and on the reverse side with the impress of +a beaver; hence, it was called "beaver money." It was of the same size +of the minted half-eagle, but contained more of gold. The other piece +of money in circulation was octahedron in shape or form. It was stamped +on one side the same as the beaver money, and on the reverse side were +the words "Fifty Dollars." It contained more gold than the same weight +of minted coin; but the money used in nearly all transactions was gold +dust; hence, every merchant, saloonkeeper or gambler had his gold scales +at command. Gold dust had a standard value of sixteen dollars per ounce, +and purchases were paid for in gold dust. There was some silver in +circulation, but the lowest denomination was twenty-five cents. A drink +of milk, glass of beer or any other liquor, was twenty-five cents. +Sunday was partly a laundry day, but mostly a gala day. Mining ceased on +that day. All came to town to see the sights, to hear the news, to try +their luck at the gambling tables, or to purchase supplies for the +coming week. This day was a harvest day for the gambler, the +saloonkeeper, and the merchant. While there was a large quantity of +alcoholic beverages consumed, drunkennes was at a minimum. Nearly +everyone carried a pistol in his belt, and a sheath-knife in his boot. +Homicides were not frequent; this was due to the character possessed by +the great body of miners, who acted on the great law of honor, and to +the fact that to call a man a liar or to impeach the honor of his +origin, or to use towards him any epithet imputing dishonor, was to +invite the contents of a pistol into the accuser's physical economy. The +laws of chivalry and honor were the only laws obeyed in such matters. +This kind of society, rough and uncouth in its exterior, had a strong +basis in the nobler principles of a chivalric manhood. It had also a +poetic side, being composed principally of young men; it did not +suppress the finer impulses and feelings of their better nature. As an +illustration: there was located in the valley a family, consisting of +husband and wife and two children. They had quite a number of cows and +kept milk for sale. A large number of young men used to visit this +family every Sunday for the ostensible purpose of buying milk, when the +real purpose was to see someone who had the form, the purity and the +affection of a mother. When they left the humble abode of this mother, +they talked of their own mothers, of home and its sweet recollections. +The strong ligaments of a mother's love serves as a moral anchor to them +in the billowy storms of life, even far away from that mother. + +Personal property of great value, such as gold in sluice boxes, though +unguarded, was perfectly secure. The sneak thief, the burglar and the +robber were conspicuous by their absence. Probably the certainty, +promptness and severity of the punishment deterred their visitation. + +There were no churches in that mining town, and religious services were +infrequent. I remember one incident in this line: A Methodist minister, +by the name of Stratton, came over from California and notices were +posted that he would preach the next Sunday. There was a large building +in process of erection for a gambling-house on the opposite side of the +street from the principal gambling saloon. The roof was on this new +building and a large party of us, desiring to hear the Gospel again +preached, fitted up this hall with seats from the unused lumber. The +minister had a large audience, the seats were all filled and hundreds +stood on the outside of the building. He was an able and eloquent man +and presented the simple story of the Gospel in a very forcible and +earnest manner. When he had concluded his sermon, the contribution-box +was passed around and carried across the street to the gambling saloon, +and they all contributed liberally, some of them dropping into the box a +fifty-dollar gold piece. As soon as he had pronounced the benediction, +two mounted auctioneers, one desiring to sell a horse, the other a mule, +requested the audience to remain while they offered them bargains and +cried the virtues of these animals. Most of the audience did remain and +the bidding was quite spirited and animated; so you see that that +congregation had an opportunity to hear the Gospel, to buy a horse or a +mule, as each man's wants might demand. + +Civil government had not been extended over that section of the country. +The only system they had was the Alcalde system. This was borrowed from +California, and by the Californians was borrowed from the mining +jurisprudence of Spain. Every mining community of any considerable size +had its Alcalde. He held his office by election, and his jurisdiction +swept over the entire field of jurisprudence. There was no appeal from +his judgments or decrees. Jacksonville and its mining community had such +an officer; his name was Rogers. I think he was a lawyer, but had long +since ceased to practice. He was a grey-headed and venerable-looking +man. He administered the unwritten and the unclassified law of justice +and equity as it appeared to him from the facts of each case heard by +him. His judgments and decrees were promptly enforced; but there came a +change. In the fall of '52 four men in the Willamette Valley formed +themselves into a co-partnership for mining purposes, and with their +horses and provisions went to Jackson Creek to try their fortune at +mining. At first they were not successful. Provisions running low, they +dispatched one of their number to the Willamette Valley with their +horses to bring in an ample supply of provisions for the +fast-approaching winter. This partner, sent on such a mission, became +acquainted on his trip with a blooming damsel who had just crossed the +plains. He made love to her; she reciprocated, and they were married. +The season had far advanced when the honeymoon was over. He brought, +however, on his delayed return an abundant supply of provisions. His +partners during his absence, had located some claims, opened them and +found them very rich. But on his return, while they accepted the +provisions, they denied to him all accounting, and refused to +acknowledge his interest in the new-found claims. He brought an action +before the Alcalde for an accounting and for the affirmation of his +interest in the claims. The Alcalde, after hearing and fully considering +the facts of the case, granted both of the petitions. Up to this time I +had had no employment in the case and had taken but a general interest +in it. The defeated parties called a miners' convention, whose declared +object was the election of a judge of appeals for that and other cases. +My connection with the case commenced at this point. I was employed by +the successful party before the Alcalde, and by others, to oppose this +movement. At the appointed time nearly all of the miners of Jackson +Creek and its vicinity assembled in convention at the appointed place. +The feeling for and against the proposition was quite intensified. After +the convention was organized I arose and with some trepidation addressed +the large crowd. I was listened to throughout with silent and respectful +attention. I took the position, first, that inasmuch as the machinery of +civil government had not as yet been extended over that district of the +country, the Alcalde system prevailed, and thousands upon thousands of +valuable properties had changed hands by virtue of the Alcalde judgments +and decrees and their enforcement, and the property rights of many were +dependent upon the validity and stability of such judgments and decrees, +all would be endangered by the proposed change; that his ministerial +officers might be subject to prosecution; that under such circumstances +we had better stand upon the records of the past,--records as old as the +institution of mining in the United States. I further argued that if we +attempted to complicate affairs by the election of a judge of appeals, +and possibly by the institution of other tribunals for the correction of +error, we turn a system simple in itself, and beneficent in its +operations in the past, into a complicated farce. I argued in favor of +the probability of the Legislature, when it extended its machinery of +civil government over that section of country, passing an act validating +the judgments and decrees or providing for a liberal mode and time for +an appeal from them. My last point, omitting others, was that this +movement had its origin in, and promotion by, the parties defeated in +the Alcalde's court. If they had the power to secure a determination in +favor of a court of appeals they certainly had power to elect the judge +of appeals; that as this would be the first case to be heard by him, +they certainly would not elect a judge who was not favorable to their +interests; and that it had the appearance to me of a court organized to +convict or to reverse. I pushed this point with every reason and every +illustration and consideration that I could command. I appealed in +conclusion to their native sense of justice and equity, and closed +after speaking a little over an hour. I was roundly applauded. My +opponent was what was known in the States as a pettifogger. I use this +term not opprobriously. He was an old miner and possessed the power of +rough-edged ridicule and philippics. He thought that the best way to +answer my argument was to annihilate me. His description of a beardless +tenderfoot coming all the way from Michigan to teach veteran miners what +they ought to do, or ought not to do was certainly amusing, if not +overdrawn by its exaggeration. He was frequently applauded by his side. +When he was through the voting commenced. The contending forces arrayed +themselves on each side of a line, with a space of four or five feet +between them. The pulling and hauling across the space was continuous. +After several efforts to make an accurate count, it was reported to the +President that there was a majority of from three to ten in favor of the +proposition. The next move was to select a judge of the court of +appeals. This was soon accomplished. The judge so elected notified the +parties of the time and place where the appeal was to be heard. At the +appointed time I appeared and filed a written protest and demurrer to +his jurisdiction. When I had finished reading them he promptly, and +without hearing the other party, overruled both protest and demurrer. He +heard the case anew and promptly reversed the judgment of the Alcalde. I +think this was the only case the judge of appeals ever heard. Nothing +but the dignity of the office remained. In after years I became well +acquainted with said judge, but I never mentioned the subject to him. A +more extended account of this affair is given in one of Bancroft's +histories of the coast. The record or papers filed by me in this case, +I have been informed, are in the archives of Jackson County. + +Two incidents occurred late in the fall of '53 which as they are +somewhat historical in their character and results, may bear narration. +Rogue River Valley was unoccupied and afforded abundant pasturage for +horses and mules and horned cattle. Some enterprising fellow had just +pre-empted all of that portion of the valley west of Bear Creek, and +received stock for pasturage on that pre-empted domain, at so much per +head. Late in the fall, four fine American horses had been stolen from +this pasture. The theft was immediately attributed by the owners, and by +the keepers of the stock, to the Indians. A party of hot-headed fellows, +headed by the owners of the lost horses, went to the Indian Ranceree on +Rogue River and took four of its younger men as prisoners, or rather as +hostages--threatening to kill them if the stock was not delivered within +a week. The hostages were brought to Jacksonville and strictly confined +until the time should elapse. This action created great excitement among +the Indians, and to save the lives of their companions they hunted for +the lost animals in every direction, but could find no trace of them. +The Rogue River Indians gave it as their opinion that a band of Klamath +Indians but recently in Rogue River Valley, on a trading expedition, had +stolen the horses and driven them across the mountains to the Klamath +Lake country. The fatal day arrived and the horses were unfound; and the +determination was expressed by a large party of miners, reinforced by +the gambling element, to carry the threat into execution. One of the +Indians asked that he might talk to the whites before he was led out to +execution. His request, after some considerable opposition, was finally +granted. His speech was interpreted into English and ran, as far as I +remember it, about as follows: He said that neither himself nor his +companions had stolen the horses, and that they knew nothing about their +loss; that the white man did not claim that they stole the horses, but +they were to be killed because others had stolen the white man's horses, +and neither they nor their friends were able to deliver them up to the +white man; that the Indians had always treated the white man +kindly--when he was hungry they gave him something to eat--but the white +man had taken possession of their country, had driven the game far away +into the mountains, had decreased the number of fish in the rivers and +streams by muddying their waters, and had by the tramping of their +horses and cattle destroyed the Kamas and Kouse upon which they largely +subsisted and had entirely destroyed the grass and other seeds which +they gathered in large quantities for food; that he felt like one +wandering alone in the deep fog and dark timber on a mountain side, and +he heard the voice of the spirits of his fathers calling to him "be +quiet and brave; the Great Spirit will avenge you." He closed. Someone +moved that the punishment be mitigated to whipping. I protested against +any punishment at all, but voted for the mitigation. The motion carried; +the poor innocent Indians were led away to receive the punishment; but I +must say that the executioner of the sentence did not lay on the lash in +a severe and brutal manner. The Indians were told to go; and they stayed +not on the order of their going, but left with good speed. Such +unjustified acts are pregnant with trouble, and the Indian war followed +soon after. + +There lies east of the southern portion of Rogue River +Valley a wide slope of land free from timber and ending at the rim of +the mountain, and beyond and easterly from which--there is a high +mountain table land--covered with fine green timber, among which sleep +verdant valleys whose arms extend like the radius of a star, in every +direction. Some of these valleys are wet and marshy, while others are +dry and produce a rich and abundant growth of bunch grass. There was a +large number of stock pastured in this section of country. Occasionally +a small band of the fattest and largest steers would mysteriously +disappear from this range. The number disappearing increased each +successive year. The cattle men became alarmed, and organized an armed +and mounted patrol to keep guard and watch over their stock. In the fall +of '51 it was reported that some five or six fine steers were missing +from their accustomed range. A search was immediately made and the trail +of the missing cattle discovered. It led over the rim into the mountain +basin or plateau, above referred to and across a marsh, now, and from +this circumstance, called Dead Indian Prairie, and up a narrow arm of +the prairie to a mountain culmination in a lonely spot, surrounded on +nearly all sides by a dense growth of tall chapparal brush. Here the +carcasses of the cattle, also the bodies of three Indians were found, +with all the indications that they had been recently killed. These +patrol men said that they also found the meat of the slaughtered cattle +on platforms, with a slow fire of hardwood still burning beneath them. +Thus the process of jerking preparatory to packing was in full +operation. They gave it as their opinion that the cattle had been stolen +by Klamath Indians, and that a party of predatory Modocs came upon them +a short time before the patrol men appeared, and, finding a good +opportunity to supply themselves with food, shot down the Klamaths; but +that before they could appropriate to themselves the booty, the whites +made their appearance and the Modocs hid away in the chapparal brush. +This theory was received by their employers as rational and +satisfactory. In '58 I visited this country for the first time--having +heard the story, I sought the spot where the tragedy occurred. There +were still the bleached bones of the cattle and the whitened skeletons +of three Indians. The platform was still standing, and the extinguished +brands of charcoal and the ashes, of the vine-maple fire still existed. + +It was late in the afternoon. The sun was fast disappearing behind the +western hills. I hesitated for a moment whether to take a long route by +way of the narrow prairie to our camp, or to go down the brush-covered +mountain sides and thus cut off at least a mile of the distance. The +side of the mountain down which I determined to go, was said to be +infested with grizzly. I examined my rifle and pistol, to see if they +were in order and then with rapid strides commenced the descent. When +about half way down I heard a rustling in the brush to my left; I turned +and looked in that direction, and saw two large grizzlies on their +haunches attentively surveying me. My first thought was to shoot; but as +my rifle was a muzzle loader, I concluded that discretion was the better +part of valor, inasmuch as there were two of them--hence I stood quiet +till they dropped out of sight in the brush. I did not allow the grass +to grow much under my feet, as I dodged through the chapparal brush to +reach the prairie beyond. I am convinced that I could have killed one +of them, but what to do with his enraged mate, was the question. I +remember the answer of a young man, who, while hunting, came across a +grizzly probably in her own jungle, in about the same way. He was asked +why he did not shoot; his answer was, that it would be some honor for a +man to kill a full grown grizzly, but a far greater honor for a grizzly +to kill a man. + +This great basin--circular in form and some eight miles in diameter--has +been visited by me in connection with hunting parties many times since. +It is, or was in former years the hunter's paradise; but I am informed +that the cattle men--the pre-emptor, and the homesteaders, and timber +monopolizers--have extended their dominion over the luxuriant +grass-producing prairies and the magnificent forests of pine, fir, +hemlock and larch, and have driven the game far back into the fastnesses +of the mountains. The Indian kills only to satisfy his wants and with +only imperfect instruments of destruction; he did not menace the entire +extinction of the beasts of the field and forest, hence game of every +kind existed and multiplied all around him; but to the white man, armed +with a repeating rifle, and fired with a devouring avarice their doom is +fixed. Nothing but the intervention of the strong arm of the law can +avert the decree of annihilation. Having alluded to this matter once +before in these sketches I will not pursue it further here. + +Black-tail deer were abundant on this mountain plateau, and it did not +take long for a party of good shots to obtain all the venison desired. +We did not kill for the mere love of slaughter, but for food and for the +attendant excitement and recreation of hunting. + +There roamed through these forests numerous small bands of elk; I say +small bands, for I have never seen them here in such large herds as I +have seen in the Coast and Olympic ranges of mountains. They seemed to +exist here in family groups, ranging in number from three to seven or +eight. I counted one group, however, numbering fifteen, in an exploring +expedition in the dark woods near the base of snow-crowned Mount +McLaughlin. I had a fine opportunity to shoot a good sized buck whose +head was crowned with large and fine antlers; but was so distant from +camp and the ground was so rough and difficult of access, that I +forebore, and seated myself on a rock to study their habits and to watch +their movements. These small bands were quite difficult to find, for the +elk is a great roamer, but with pluck and perseverance, and the +discomforts of sleeping on their trail perhaps for one night, we were +usually successful, unless the trail led into the impassable breaks in +the mountains. + +The bear family was well represented in this mountain plateau. The +black, the brown, the cinnamon, the grizzly and what is known among +hunters as the mealy-nosed brown bear, were plentiful. This last species +of bear, if it be proper to call them a species, I have always thought +was a cross between the grizzly and the brown bear. His nose or muzzle +up to his eyes is nearly white. Like many crosses, he inherits all the +bad qualities of his progenitors, and seemingly, none of their good +qualities. In size he is between the grizzly and the brown bear. While +most of the species of the bear family will run on the approach of man, +unless one comes upon them suddenly in their patrimonial jungle, or a +female with her cubs, the mealy-nosed bear is inclined to stand his +ground, and to resent any crowding upon him. Doctor Livingston says, in +his Book of Travels in Africa, that if you come upon the lion in the +day time, he will face you and quietly look at you; and if you stand +still he will in a short time turn and look at you over his shoulder, +and then commence easily to move away, and when he thinks he is out of +sight he will bound off with accelerated speed. The mealy-nosed brown +bear acts very much in the same manner. Hunting parties sometimes have +with them a leash of trained bear-dogs, and they always close the hunt +in a chase for bruin. There is in this kind of sport a dash of danger, +that makes it all the more exciting. + +Hunters, like poets, are born. Keenness of vision, presence of mind in +case of conflict or danger, together with steadiness of nerve, are the +essential characteristics of a true hunter. No practice or exercise can +fully supply these qualities. I could narrate many exciting and +dangerous conditions, or situations, arising from the want of some of +these qualities; but as the actors may be living, I omit them. + +I am at liberty to narrate only my own acts and mistakes. I cannot omit +from these sketches the first grizzly killed by me. Myself and companion +were camping on Dead Indian Prairie, when we were informed that there +were some fresh elk-tracks near a large wet prairie some three miles +from our camp. We started out to hunt for these elks. We went up a +narrow prairie through which flowed a small brook to a larger prairie +through which this brook also flowed. The brook was fringed on each side +with a thick growth of willows from three to five rods in width. We +hitched our horses near the larger prairie, and my companion was to go +carefully through the timber on the right hand, while I was to cross the +brook and carefully scout the timber on the left hand. Shortly after I +had crossed the brook and got a good view of the prairie beyond, I saw a +large grizzly feeding near the outer line of the willows. He was some +sixty or seventy rods away. I considered for a moment, my plan of +action. I had left my pistol at the camp and had only my rifle and +hunting-knife. I kept in the timber out of sight until I got opposite to +him and probably about forty rods away. Grass on the prairie was tall, +and I concluded that as I only had one shot, I would get closer to him; +so I crawled through the grass towards him until I was possibly twenty +rods away. He commenced to act as though all was not right, and he stood +listening, reared upon his haunches, and snuffing the air. I began to +get a little nervous. I desired to get a shot at or near the butt of his +ear. While he was listening, however, he kept turning his head from me +and towards the willows. I concluded that I could strike his heart, and +quickly brought my rifle in position, and fired. He fell to the ground; +I arose to my feet and commenced to reload. My rifle was muzzle-tight, +and I had to carry in my pouch a bullet-starter. Having got the powder +in the gun and started the ball, just as I pulled the ramrod he arose to +his feet. As I was in plain view, he started directly for me. Casting my +eye around, I saw a hemlock tree, with pendent limbs, some thirty or +more rods away. I started for it with all the speed I possessed. As he +was running on a kind of circle hypothenuse, I could see that he was +rapidly closing the space between us. He was probably fifteen or twenty +feet from me when I dropped my rifle and leaped for the branches of the +tree. My aspirations were lofty just then. Had he come on, he might +possibly have gotten me, but I was soon out of his reach. He stopped to +grasp my rifle and shook it violently. It was a half-stocked rifle, and +he bit off a portion of the stock. He stayed around the tree some three +or four minutes licking his wound, which I subsequently found was less +than half an inch too high. It was a mortal shot, but did not produce +immediate death. He suddenly leaped to his feet and dashed off to a +thicket of chapparal some twelve or thirteen rods away. I descended from +the tree, found my rifle to be in an effective condition, rammed down +the ball, put on a cap and ran for a tree standing outside of the +chapparal brush--listened and looked; and I quickly saw him. He had run +into the forks of a felled tree and had all the appearance of life. I +fired at the butt of his ear, but he did not move. I reloaded and +carefully approached him and found him to be dead. He was poor, but was +estimated to weigh some two hundred and fifty or three hundred pounds. +We took his pelt, and after a good deal of persuasion and blindfolding +my riding-horse took it into camp. + +Moral: no man has the right to hunt grizzly bear with a muzzle-loading +rifle and muzzle-tight at that. + +I have several times since then, either alone or with a hunting +companion, met them, and with a Remington repeater found no difficulty +in commanding the situation. + +The winter of 1852-'53 was distinguished for--so far as the memory of +the oldest inhabitants recalled--its unprecedented deep fall of snow. + +Rogue River Valley is rimmed around on all sides by high ranges of +mountains. These mountain ranges were rendered impassable for pack +trains or other modes of transportation. The supply of provisions in the +mines grew less and less, until it was nearly exhausted. Flour and +beef, the staples of the miners' diet, went up to a dollar a pound and +more; salt was worth nearly its weight in gold. This was the result of a +corner, however. In these circumstances myself and three partners, who +had purchased some mining claims a considerable distance down Rogue +River, took our blankets, rifles and a scanty supply of provisions on +our backs and started for our claims. It was with some difficulty that +we were able to reach them. They were gulch claims, and if intelligently +worked under fair conditions of the weather would yield about an ounce a +day to each laborer. We commenced work on them, but the weather was so +inclement and the snow fall so continuous that we suspended. I ought to +have stated that there was quite a good log cabin on the claims. My +partners all claimed to be good hunters, but showed no disposition to +try or show their skill in that regard. I did all the hunting and +succeeded in keeping the camp quite well supplied with venison. I +finally tired of their masterly inactivity, and my strenuous work in +wallowing about in the snow. + +I also ceased hunting. The provisions were soon exhausted. Nothing was +left but coffee and sugar, of which we had a fair supply. With a drink +of strong coffee well saturated with sugar, and jolly in spirit, we +treated the situation as a huge joke. We all started out for venison. I +saw nothing during the day, but frequently heard the report of the +rifles of my partners. Each shot was full of hope. We all returned quite +late in the evening, and the report of nothing killed was somewhat +dismaying. We made, however, a cup of strong coffee--told our best +stories, then rolled ourselves in our blankets to dream of home, and of +our father's house, where there was bread enough and to spare. We rose +early the next morning, taciturn and sad; not much conversation was +indulged in. Each, after his breakfast of coffee and sugar, took his own +course into the woods, while I had my accustomed ill luck of seeing no +game. I heard reports of my companions' rifles, but their echoes did not +carry with them much of faith, or hope. I returned quite late that +evening and found my companions all in the cabin. Things began to look +serious. We took our accustomed coffee and sugar, and soon retired to +our bunks to dream of tables loaded with provisions; but some fatality +always prevented us from reaching them. I was hungry, and while slowly +working my way through the snow to the cabin I looked anxiously for some +bird or squirrel that I might kill and eat. The next morning we held a +short consultation to determine whether it was better to leave, or to +make still further efforts to obtain provisions. In the afternoon of +that day I saw a large buck and three does in a clump of brush above me +on the mountain side. They were too far away for an effective shot--so I +slowly approached them. They saw me and were somewhat disturbed by my +presence. They could not go higher on account of the increasing depth of +snow. I was lying on the snow with my rifle in position, watching an +opportunity for a successful shot. All at once the buck left the clump +of brush and came plunging down the mountain side, attempting to pass me +some eight rods to my right. If I ever looked through the sights of a +rifle with a desperate determination, it was then. I fired when he was +nearly opposite me and he plunged headlong into the snow. I had struck +him fairly in the heart, and life was immediately extinct. I got to him +as soon as I could, after reloading my rifle, and cut out of his ham a +piece, which I ate while it was still warm. It had the same effect upon +me for a short time as a drink of strong brandy has upon an empty +stomach. I cut off the saddle, threw it over my shoulder, and started +for camp. It was in the dusk of the evening when I arrived. My partners +were there, and when they saw me coming said nothing, but with a fixed +gaze, as though to be certain of relief, fairly grabbed the saddle from +my shoulders, rushed into the cabin and began to roast and eat. The +roasting was not overdone. About midnight, for fear that wolf or cougar +might find the portion left on the mountain side, they took my trail to +where it was, and brought it in. We stayed about a week longer, but I +had no difficulty in killing an abundance of venison. I did the hunting; +my partners did the packing. On the last day of our stay I killed three +deer, and with the echo of my last shot, the ghost of starvation, which +I had imagined was standing on the clouds and pointing Willametteward, +disappeared in thin air. + +Resting for two days, and in the meantime having received an offer for +our claims from a company mining on the bars of Rogue River, my partners +were anxious to accept the offer. I first opposed it, but finally +consented. My partners were not only tenderfeet, but they were subject +to periodic attacks of cold feet. I drew the bill of sale, and each +partner took his $250 in gold dust. It was an unwise transaction, for +the claims were worth much more. We all determined to go to the +Willamette Valley. When we arrived at the road we found that many +miners, especially of those living in the Umpqua, or Willamette Valley, +were returning home. The second night we stopped at what was called a +hotel, about four miles south of the mouth of the canyon. It rained hard +and continuously all of the second day of our journey, and we wallowed +through the slush, snow and water until about 11 o'clock p. m. before we +reached our stopping-place. The next morning early, twenty-five or +thirty of us were at the southern mouth of the canyon and on the creek +that flows south. We found it a dashing, foaming and roaring torrent, +but it had to be crossed; so eight of us, with strong poles in our +hands, standing in a line, elbow to elbow, moved slowly and in unison +through the tumbling waters. The worst, so far as that creek was +concerned, was over. The other crossings were made without so much +difficulty, or danger. It rained continuously all day. We arrived at the +little lake on the summit about noon. There we commenced the descent of +Canyon Creek proper. This has a larger, deeper and more furious current. +The first crossings were accomplished without much trouble or peril; but +as we descended the mountain its volume increased and its current became +so swift and strong, that we were compelled to make our way, the best we +could, on the steep mountain side. We crawled under logs and over logs, +and in dangerous places hung onto brush to steady us. I was among the +first to reach the hotel near midnight of that awful day, tired, wet and +hungry. We were now in a land of plenty, and although we paid a dollar +each for one meal of good, plain, solid food, we did not begrudge it. +The next day we made a camp in an old deserted shack in the valley and +remained there for about a week. The flood had swept away all the +ferry-boats on the South Umpqua, and there were no means to cross that +swollen and rapid river. The ropes, or cables still remained, however. +The owner of the ferry offered eight of us board, and a place to sleep +in his barn, if we would assist him in the construction or rather +digging out, of a canoe from a huge log which he had selected for that +purpose. We accepted his proposition, and experience soon showed that +most of those who had accepted his offer were quite good mechanics. One +of them, who was a wagon maker by trade, was elected as boss, and every +day, by the continuous stroke of ax, adz and other tools, that canoe +began to assume the shape and form of the real thing. It was full thirty +feet in length, and of several tons capacity. It might be classed a +giant in the canoe family. It was placed upon an extemporized sleigh, +and two yoke of oxen drew it to the river bank. The wire or rope +extending across the river being intact, the next day the builders of +this ark, or most of them, and the ferryman with his two sons, launched +it; and we having deposited our blankets in it, the owner, seated in the +stern, acted as captain, while two of the strongest men in the party +took hold of the rope and by a hand over hand motion, to keep it +straight in the current, thus attempted to work it across the river. But +when the stronger current was encountered, it became impossible to hold +it without filling it with water, and the command was given to let go. +It rapidly shot down stream, but the captain succeeded in steering it +into the willows on the side where we desired to land, though a +considerable distance below, and we all seized hold of the willows and +succeeded in making a landing. Had we gone down stream much further, we +might have been compelled to take an ocean voyage; but all is well that +ends well. The captain and his two sons thought that they could reach +the further shore by running diagonally across the current. We stood +upon the bank and watched the operation, and saw that it was successful. +I have stated probably with too much particularity this incident in +order to show something of the hardships, as well as joy, of pioneering. + +The trip across the Umpqua Valley and down the Willamette was a +continuous wade through slush, and mud, and the steady downpour of the +garnered fatness of the clouds. I had for my companion a, seemingly, +intelligent man, but a pronounced pessimist, bordering on the +anarchistic type. His gloomy philosophy of life added a moral chill to +the prevailing dampness. I gladly bade him adieu in the hills south of +Salem, where I departed to the home of a friend. Safely arriving there, +I rested and recuperated for ten days. I had adopted the maxim, never to +pay board when I had the ability or capacity to earn it. I therefore +considered what it was best to do, and I determined to teach school for +a time, and then to return to Michigan. I drew up a simple article of +agreement and went up into the Waldo Hills--that country being settled +with families--to offer my services as a school-teacher. The prospect +proved to be not very encouraging, although I offered to teach a +three-months' school for five dollars a scholar, and board. Three-days' +effort secured but seven-and-a-half scholars. The afternoon of the third +day was an alternation of rain and snow. I stopped quite late in the +afternoon at the house of Mr. Waldo, the father of the late Hon. John B. +Waldo. I freely stated to him the object of my visit, and he promptly +told me that he did not care to subscribe. I stood for a time waiting +for the storm to abate somewhat, when he suddenly asked me what State I +came from; I answered "from Michigan." He said laughingly that they +wanted no more Michigan men, or men from the North to come to this +country, for they had already, by their presence, changed the climate. +After a moment I asked him from what state he came; he proudly answered, +"from Virginia, sir." I laughingly replied "that if we had any more +Virginians in this country I feared we would have neither schools, nor +churches, nor any other agency of civilization." He said to me: "Walk +into the house, and we will talk this matter over." We walked into the +house; and as Cervantes' work, containing the exploits of Don Quixote, +lay on the table, the conversation turned upon that. I was quite +familiar with the work, and its absurdity and wisdom, and we discussed +chivalry and its social aspect, as well as its system of land tenures, +together with Sancho's judgment after he became governor of the island, +and Don Quixote's profound maxims of government. By his invitation I +stayed all night. He said to me the next morning that as a matter of +courtesy, I should see certain friends whom he named, and that as there +would be a meeting held in the school-house, which was also used as a +church, he would have it publicly announced at that meeting, that school +would be opened by me at that place, one week from the following Monday. +I followed his advice, and at the appointed time there was quite a full +attendance of pupils. Mr. Waldo was somewhat eccentric, but in him was +embodied that principle of the Roman maxim, that true friendship is +everlasting. + +I ought possibly to have stated that the first person that I called upon +in my educational venture was a baldheaded and sharp-visaged man, with a +family of five boys, the youngest of whom was over ten years of age. He +told me that his oldest son had been almost through arithmetic, and that +it would require some ability in a teacher to instruct him. I modestly +informed him that I thought I could do it; but my assurances did not +seem to satisfy him, and he only signed one-half of a scholar. During +our conversation he told me that he was a poet, that he had crossed the +plains in '45 and had written an account of the trip in poetry. He said +he would like to repeat a portion of that poem; but before he did so he +exacted from me a promise that I would give him an honest opinion of the +merits of his poem. He was a weird and skeleton-like man, and rising to +his feet, and with sundry gestures, repeated his poem to me. It was a +hard matter for me to keep a solemn aspect on my countenance during this +recitation. I only remember two lines: + + "The Soda Springs lay on our way-- + It makes good beer, I do say." + +When he took his seat, I stated to him briefly some of the laws of +poetic composition, and then showed him how his lines failed to comply +with these laws; I added, however, by way of salving his feelings, that +genius knows no law, and was not to be judged by ordinary mortals. He +seemed a little nettled, and replied that he had repeated his poem to a +great many people, who were scholars and good judges of poetry, and that +they had pronounced it a fine performance. This ended the incident. Had +my judgment been given before he signed one-half a scholar, it would +probably have been one-tenth, or a still smaller proportion of a +scholar. His boys all attended school, however, and he personally urged +me to teach another quarter. On the last day of school, many of the +parents came in and paid me for my services, three hundred dollars, and +hired me for six-months' more teaching at the same price. I taught in +all about three years in that neighborhood. + +My teaching career was in every way pleasant, and I have every reason to +feel proud of the positions of honor and trust attained by at least +three of my pupils, and by the general financial success and high moral +standing of all. Judge Bellinger, late of the United States District +Court of Oregon, was a pupil of mine for about a year. He was the son of +poor parents, and by sheer force of intellect and study pushed his way +to the front, and to the honorable position which he attained, and which +he held at the time of his death. + +John B. Waldo, recently demised, was also a pupil of mine for about two +years. He was a sober, clear-headed, studious and somewhat taciturn boy, +quick to perceive and prompt to act. He became judge of the Supreme +Court of the State of Oregon for one term. His decisions are models of +clearness, and directness. In addition to his store of legal learning, +he probably knew more of the flora and fauna, of the mountains of Oregon +than any other man. He was not a man of robust constitution, and his +health was precarious. His death, in the prime of manhood, was deeply +mourned by all who knew him. + +Our own honored Oregon Dunbar, was also a pupil of mine. He was a frank, +open-hearted boy, of determined will and intense application. He had +what the great law-writer Bishop calls a legal mind--a natural +perception of the relation of legal truths--and superior powers of +classification and generalization. He is eminently a fit man for the +position he holds on the Supreme Bench of Washington. Long may he +continue as a distinguished member of that Bench--and late may be his +return to Heaven! + +With such a triumvirate of integrity, high legal attainments, and +judicial honor, a teacher may well feel proud. While it is the duty of +the teacher to aid and assist his pupils and to impart instruction in +the various branches taught, yet this is not his whole, or principal +mission. His higher and nobler mission is to arouse into action all the +latent forces and qualities of his pupil's nature and to inspire him +with a noble ambition to conquer in the arduous conflicts of life. If he +succeeds in the accomplishment of this, he has fully performed his +mission. + +After I ceased to teach public school in Marion County, I became the +private tutor of the children of R., who was at the time Superintendent +of Indian Affairs for Oregon and Washington. I also became to some +extent his literary secretary. R., though not a learned man, had +business capacity of a high order. In religious matters he was an +agnostic, and he read more of Shakespeare than he did of the Bible. He +was a man of inflexible integrity, and a capable and faithful +administrative officer. He was much interested in Indian civilization, +and talked much of it. He was of the opinion that the system of most of +the churches was wrong in principle, and not fruitful in good results. +He maintained that the first move in this work of civilization was to +improve the physical condition of the Indian, and that the moral +improvement would come as a slow, but necessary consequence. Being full +of the subject, he concluded to call a council of the chiefs and the +principal head men of the various tribes under his jurisdiction, and to +impart to them his ideas in this behalf. The time was fixed, the place +named was the general council hall in the city of Salem, and notices +were sent out requesting their attendance. R., while he had a good +residence in town, usually spent most of his time upon his fine farm in +the country. At the appointed time he invited me to go with him to the +council and take notes of the proceedings. When we arrived at the +council chamber we found from fifty to seventy-five Indians seated on +the floor with their backs to the wall. After a general salutation, R. +took a seat on the rostrum and requested an Indian whom he knew to act +as interpreter. As the interpreter could not speak in the language of +the various tribes represented, the jargon was adopted as the mode of +communication--all the Indians understanding that. R. briefly stated to +them the object of the council, and then asked the question, "Did they +desire fine houses, fine horses and cattle, and plenty to eat and wear": +R. was a very emphatic man and spoke in short and positive sentences. +The Indian is a stoic, and if any emotion ever agitates him it is not +betrayed in his countenance. I was much interested in the interpreter. +He seemed to be full of his mission, and he imitated the tone of voice +and gestures of R. Having asked the question, R. himself emphatically +answered that all these things that he had mentioned, and which they +desired, were obtained by "work." He reminded them that many of them had +visited his fine house in the city, and had seen his fine furniture and +other things, and he asked: "How did I get these things?" He again +answered, "By work." Having concluded his short, emphatic and impulsive +speech, silence prevailed for a short time. Finally a chief arose and +with great deliberation adjusted his blanket about him; this being +accomplished, he spoke as follows: "We are very thankful for the good +talk of our father; we will consider it; we cannot answer now." He +suggested that one week from that time they would meet the good father +at that place and tell him their conclusions. + +We afterwards learned that they appointed what we would call a +committee. That committee, in their investigations, when they found a +man engaged in some menial employment and roughly clad, followed him to +his house, found that it was a very humble abode, and was not filled +with fine things; then they followed up the merchant, who had many fine +things and wore good clothes, to his home, and they found a fine house +filled with fine furniture; they also applied the same test to the +saloon keeper. Neither the merchant nor the saloon keeper, according to +their views, worked at all. On our way home from the council chamber I +ventured to suggest to R. that most of the wealth of this world was in +the hands of men who organized, or directed labor or work, and but a +small pittance in the possession of those who actually performed the +labor. I gave as my judgment that the Indian had no conception of this +work of directing and organizing labor, and that he would not consider +it as work at all. At the appointed time for the answer, the spokesman +for the Indians narrated what I have briefly stated above, and announced +very plainly and flatly as their conclusion, that what the good father +had said was not true. R. was much disappointed at his failure to start +a general movement upward in the line of Indian civilization. I am of +the opinion that his feelings went farther and impinged on the domain of +actual disgust. The subject of Indian civilization fell, henceforward, +into innocuous desuetude. + +Looking at the surface manifestations only, and not having the ability +to look deeper into that complex machine called society, we cannot be +astonished at the conclusion reached by the Indian committee. + +While I had the honor to represent Washington Territory in Congress, and +by request of several members of the Committee on Indian Affairs with +whom I was acquainted, and while the bill reported by them was under +consideration and general debate was in order, I made a speech on Indian +civilization. I shall not reproduce that speech here, nor give an +extended synopsis of it. I commenced with the declaration that the +philosophy of an Indian's life was to put forth an act and to reap +immediately, the result of that act; that he threw a baited hook into +the water, and expected to obtain fish; that he sent an arrow or a +bullet on its fatal mission, and he expected game; that he did not plant +nor sow, because the time between planting or sowing, and reaping--the +gathering and enjoyment of the result of his work, was too distant; that +it requires the highest degree of civilization to do an act, or to make +an investment, the profits of which are not to be realized until the +lapse of considerable time: that this primary law inherent in an +Indian's philosophy of life is fundamental, and no system for his +civilization can disregard it. My next cardinal proposition was that +Indian tribes, if civilized at all, must be civilized along the lines of +their past history, habits and modes of life; that some tribes of +Indians subsist, and have subsisted for ages, on the products of ocean, +lake and river: that these are sometimes called fish Indians: that to +make appropriations to teach these Indians agriculture, or the +successful operation of the farm, is a wasteful expenditure of public +money; they are naturally sailors, and have carried the art of canoe +making and sailing to a high degree of perfection; their larger canoes +are models of symmetry, safety and strength; that in them they +fearlessly go out on the ocean a distance of 40 or 50 miles to obtain +halibut, codfish and fur seals. Let the Government, I said, if it +desires to civilize these Indians, build them a sailing-vessel of a +hundred tons or more capacity, and they will almost intuitively learn to +sail and manage it; it would act as a consort for their larger canoes +and as a storehouse for the profits of the sea taken or captured by +them; that with such a boat, the Neah Bay Indians, for instance, would +soon become self-supporting. My views had a respectful hearing, and +influenced to some extent the policy of the Government in that regard. A +large number of copies of this speech were sent by me to the people of +the Territory, and to all our Territorial papers; but none of these, so +far as I know, noticed it further than to say that I had made such a +speech. Copious extracts from it, containing its points, were published +in many of the Eastern papers, while two published it in full. There was +some discussion as to the soundness of my views, but generally they were +approved. So far as the Neah Bay Indians were concerned, the Government +did build a sailing-vessel of smaller dimensions, however, and many of +the Neah Bay Indians have like vessels of their own, and have become, to +a great extent, self-supporting and prosperous. The same policy in a +modified form, but in fact the development of the same idea, was adopted +by Rev. Wilbur, agent of the Yakima Indians; and these Indians, to a +great extent, have given up their nomadic mode of life; they have small +farms, and neat and comfortable houses; they have gardens, chickens and +a large accumulation of domestic animals about them. They are +prosperous, and slowly moving along the line to a higher civilization. + +Civilization is a slow process. It takes all the forces, moral, +intellectual, educational and religious, now in successful operation, to +hold the world from falling back and to move it slowly, but surely +onward and upward, to a higher plane of civilization. While it is a +tedious and arduous, if not an impossible task, to make a white man, in +his habits and modes of life, out of an Indian, yet the descent of the +white man to the modes, habits of life and appearance of an Indian, is a +sadly speedy process. + +In a trip I made to Colville, Washington, in 1856 there came into our +camp one day a person whom I supposed at first to be an Indian. He was +dressed in buckskin, ornamented with fringes and beads, with a blanket +over his shoulders; his hair was long and unkept, with no hat on his +head and his face bronzed like that of an Indian; and he was besmeared +across the forehead with red ochre, or some other kind of paint. I +should judge that he was 36 years of age. At first he refused to talk, +except in jargon; but after a while, when we were alone, he became more +communicative, and gave me something of his history. He spoke good +English. He claimed to be a graduate of one of the Eastern Colleges, and +I have no doubt his claim was true. He had gotten into some difficulty +in the States and had been living as an Indian for some eight years, or +more. To all appearances he was an Indian; he looked like an Indian and +acted like one. I was in his company for some three days, and when alone +he talked to me in good English; he said he loved this wild and nomadic +life, with its perfect freedom from the shams and hypocrisy of +so-called civilization. He said that the hills, the mountains with +their snow-crowned culminations, the dark woods, the silver thread of +the stream viewed from an elevated point and fringed with green as it +went leaping and rollicking to its ocean home, were to him an unwritten +poem, the rythm of which he enjoyed, and the lines of which he was +trying to interpret. He quoted to me from Byron the passage concerning +the pleasures of the pathless woods, and from Bryant: + + "Where rolls the Oregon, + And hears no sound, save his own dashings." + +On the evening of the third day he rode away in the continuous woods to +enjoy, I suppose, their poetry and solitude. This case illustrates the +facility of the descent, by even an educated white man, to the level of +an Indian; retaining, however, in his soul, still glowing, some of the +lights of civilization. + +While I was stopping at R.'s I wrote a series of eight articles for The +Oregonian, showing the necessity of manufacturing crevices in the +country to hold the gold taken out of the gold mines, and also that +which was being brought in great abundance by its citizens from +California. These articles were used by The Oregonian, by my implied +assent, as editorials. The Oregonian was the leading opposition paper in +the Territory, with Silver-Gray Whig tendencies. The leading Democratic +paper was The Statesman, published at Salem, and owned and edited by Asa +Bush, who was a sharp, pungent, and effective editorial writer. "Tom +Drier," as the editor of The Oregonian was familiarly called, was an +editorial writer of considerable ability. Drier usually added some +introductory matter to my articles, and also some matter of +amplification, or illustration. It was to me a matter of interest, and +amusement, to note that the editor of The Statesman was always able to +point out to its readers the matter written by The Oregonian's "hired +man," and what was added by the editor. Bush did not know who wrote +these articles, nor did anybody else know except myself, R. and the +editor of The Oregonian. Bush spoke highly of these articles and +enforced, in editorials of his own, the logic and necessity of the +policy recommended by them. These articles had much to do with the +establishment of the first woolen mills in the State of Oregon. These +mills were built at Salem. + +As the State of Washington is woefully lacking, so far as manufacturing +is concerned, I am tempted to recall, with a Seattle application, one of +the many facts embodied in the logic of those articles. Seattle has a +population of 250,000, we will say. It costs at least $7.00 each for the +feet clothing of such people for one year. This would give the sum of +$1,750,000 for boots and shoes alone. When we come to add to this the +value of the leather for harness-making, for belting and the other +purposes for which leather is used, we have over $2,000,000 taken +annually from the people of this city for leather, and its fabrics. The +absurdity of this thing appears when we consider that we have a great +abundance of hides, which are sold for a mere song, and are received +back in manufactured articles. Our forests are rich in tanning; in fact, +the raw materials of all kinds required are abundant. Any person by +giving serious consideration to the subject will soon be convinced of +its great importance, and the imperious necessity of action. As well +might we ship the logs cut in our forests to foreign countries, or the +Eastern States, to be manufactured into furniture, or finished lumber, +as to ship other raw materials away and receive their finished products +back, paying for them the increased price, resulting from the labor +performed upon them, and for the freight both ways. No country can stand +such a drainage, and prosper. + +It was in the summer of 1855, if I remember correctly, that I was +nominated by an opposition convention to run as a candidate for the +Lower House of the Territorial Legislature in Oregon. I did not attend +the convention at which I was nominated, nor was I a delegate thereto. +At first I hesitated about the acceptance of the nomination; but urged +by my friends, I finally consented to run. The Territory as well as the +County, was largely Democratic. The platform announced three cardinal +principles: first, the most stringent regulation of the liquor traffic; +second, America for Americans; and thirdly, the curtailment of public +expenses and the cutting-down of salaries. The first and last of these +principles I heartily endorsed; the second, in the know-nothing sense, +and application, I was not in favor of; furthermore, I was opposed to +secret political societies. I favored an open field and a fair fight. +Having concluded to run, I went into the fight vigorously, and made +speeches in nearly all of the precincts in the County. My canvass +alarmed the Democrats, and they sent some of their best speakers after +me. I met them in joint debate at times, and at other times I, alone, +spoke. As the time approached for election, the excitement increased, +and public interest in the campaign was very much aroused. I won, during +the campaign, quite a reputation for a raconteur. A point illustrated +and enforced by an anecdote or story becomes an integral part of a man's +mental and moral constitution. + +About the big bills, I told the story of the farmer who had a large +flock of chickens and an equally numerous flock of ducks. He fed them +with grain. He noticed that the ducks, on account of their larger and +broader bills, were able to get more than their share of the food, and +he came to the conclusion that in order to equalize matters, he must cut +down their bills. This was just what I told the people that we proposed +to do. One of the speakers sent out by the Democracy found fault with +every proposition announced by me, and I answered him by the narration +of the story of a friend who had not seen his quondam neighbor for many +months. He was so pleased at his return that he provided a feast for +him. Mine host had roast beef, roast mutton, roast pork and chickens. He +says to John Doe: "Shant I help your plate with some of this roast beef, +which is very juicy and fine?" "No," said John Doe. "I have come to the +conclusion that a man who eats beef becomes sluggish and stupid." "Then +shall I help you to some of the mutton?" "No," says Doe, "a man who eats +mutton becomes timid and cowardly." "Well," says mine host, "you will +certainly take some roast pork?" "No," says Doe, "a man who eats pork +becomes coarse and swinish." "Then you will take some of the roast +chicken?" "No," says Doe, "of all the creatures used by man for food, +the chicken is the most filthy in his diet of them all." Mine host, +being somewhat disgusted, called to his son Sam to go out to the barn +and get some eggs--"possibly this old fool would like to suck an egg or +two." + +Just before election, tickets were scattered all over the County with my +name printed in every shape and form, and quite a number of these +tickets had printed on them "for representative, O. Jaques." The +canvassers refused to count for me the last named ticket, and this +defeated me. There was no other man running whose name in orthography, +or sound, resembled mine. Had these tickets been counted for me, they +would have elected me by a small majority. I was urged to contest the +election, but I refused to do it. My own opinion, as a lawyer, was that +probably the judgment of the canvassing board was right; at least there +was enough plausibility in its support to furnish an excuse to sustain +the position of the canvassing board. + +Not being entirely satisfied with the climate and country, and being +desirous of visiting California and Mexico, before my return to +Michigan, I quite suddenly, in the fall of 1857, concluded to make a +start. What means I had were loaned out on demand notes. To my regret I +found my debtors unable to respond promptly. I concluded, however, to go +to Jackson County and there to await collections. I made the trip on +horseback and most of the time alone. Approaching Canonville late in the +afternoon one day I saw a lone horseman ahead of me, whose appearance +indicated that he was a traveler. I increased my speed and was soon +along side of him,--I said "How do you do, sir?" He turned a frowning +countenance towards me and snarlingly answered, "None of your business, +sir." I was not long in coming to the conclusion that possibly company +was not desired by him and especially my company; so I touched the spurs +to my horse and left him to his melancholy meditations. I might have +been wrong in my conclusion, and I must confess that I felt a good deal +as I suppose the fellow felt who was kicked out of the fourth-story +window: after gathering himself up and finding that his physical +economy, though somewhat bruised, was intact, he came, after deliberate +reflection, to the conclusion that possibly he was not wanted up there. + +I stopped at a town in Jackson County, bearing the euphonious name of +Gasberg. I rested there for a couple of weeks. The people of that +settlement were contemplating the erection of a building for a high +school or seminary; and they offered me $150 a month to teach a +six-months' school. Mr. Culver, quite a wealthy gentleman, offered me an +additional $50 a month to keep his books posted, a work I could attend +to at night without interfering with the school. I concluded as I +probably would have to wait until spring for my collections, to accept +the offer. The district already had quite a good school-house. My +scholars were mostly young men and women, and I taught everything from +reading and spelling, up to and including algebra, and surveying. I +never had to do with a finer lot of pupils, and my position was in every +way agreeable to me. I ought possibly to state that my wife, then Miss +Lucinda Davenport, the only daughter of Dr. Davenport, attended that +school. This added to my other employments the delightsome one of +courting, and we were married on the first of January, 1858. Although we +have lived together for fifty years, we never have been reconciled yet, +because there never has been any occasion for a reconciliation. + +At the close of the first term I contracted to teach for another term of +six months, as my roving disposition had dissolved into thin air. When +the second term was closed, I was appointed a Justice of the Peace of +that precinct, and I returned to the practice of law--occasionally +writing for the newspapers. + +When the Civil War commenced, the editor of the principal paper in the +southern part of the state--The Sentinel--was a Secession sympathizer, +and he and the proprietor and publisher had a fight in which the editor +was seriously wounded. I was solicited by the publisher and a committee +of leading Union men to assume charge of the editorial department of the +paper. I did so, and wrote all the editorials in the paper for over +three years. The paper was a weekly, but at times, when the news was +stirring, it was published semi-weekly. The paper under my control +rapidly increased in circulation. The editorial work that I did while on +the paper secured me an offer, when I announced my intention to resume +the practice of law, from the Sacramento Union, then the leading paper +on the Pacific Coast, to become one of its editorial staff at a good +salary. I considered the proposition for quite a time; then concluded to +decline it. Had I accepted this offer, it would have changed the whole +course and direction of my life, and I probably would have continued in +that line of work to this day. It was while I was editor of The Sentinel +that a rumor was telegraphed to me that President Lincoln had been +assassinated. It came first merely as a rumor and I communicated it only +to a few persons, anxiously waiting to hear whether it was true or not. +Many of the good and patriotic citizens of all parties feared a riot. I +issued an extra, on the confirmation of the news, briefly stating the +facts of the assassination: and every store, business house and saloon +was immediately closed, and their doors draped in mourning. A meeting +was shortly called, and I was invited to deliver an oration on the +character and service of the lamented President. I was given three days +to prepare that address. The Methodist minister was also invited to +deliver an address on that occasion. The crowd was immense; no church +in town being large enough to hold it. My oration was published in The +Sentinel and other papers in the State and in some of the California +papers. I have a copy of that oration; but, as I give in full the +oration delivered by me in the City of Seattle on the death of President +Garfield a more recent occurrence, I have concluded to give only the +later address. + +I ran for the Lower House of the Legislature in Jackson County and I was +fairly elected, but was counted out; not unjustly, I do not mean to say, +for on the face of the returns I was defeated by six votes. The County +was largely Democratic, and I ran as a Republican. I said that I was +fairly elected, because there was a contest in one of the precincts for +the office of Justice of the Peace; I was the contestant's attorney, and +he succeeded in his contest because he conclusively showed that thirteen +illegal votes were cast against him. To have thrown them out on a +contest would have elected me by seven majority. I refused to contest +the election, and the matter dropped. Subsequently I ran in that County +for the office of County Judge. After I took the field, the Democrats +became alarmed, and they withdrew the candidate nominated by them, in +convention, and placed in his stead a Mr. Duncan, one of the strongest +and most popular Democrats in the County. He beat me by sixteen votes. +The other Democratic candidates were elected by majorities ranging from +three hundred to four hundred. + +At the time Mr. Harding was elected United States Senator for Oregon I +was without consultation, or being present, put in nomination for the +position, and I lacked only two votes of an election. + +Thus, while I was a hard man to beat, I was always beaten, fairly, or +unfairly. + +I was appointed Associate Justice of the Supreme Court of Washington +Territory in 1869. Less than a year afterwards, by unanimous +recommendation of the members of the Territorial Legislature, I was +appointed Chief Justice of that Court, and at the expiration of that +term was re-appointed Chief Justice. During this last term I was +nominated by the Republican party and elected Delegate to Congress. At +the expiration of that term I was renominated and re-elected. + +To make an account of my official career complete, I ought to state that +I was a member of the Territorial Council (the equivalent of a State +Senate) of Washington for one term; also Mayor of the City of Seattle +for one term; and Regent of the Territorial University of Washington for +ten years, and Treasurer of the Board of Regents all of that time. + +As a member of the Territorial "Council" I was appointed chairman of the +judiciary committee, and also chairman of the committee on education. +The work on these committees was almost continuous. It absorbed all of +my time for nearly every evening of the session. + +The iniquitous gross earning tax law, as applied to railroads, was +repealed at this session. The vote on its repeal in the "Council" was +close--and if I were not a modest man--I would say, that I contributed +largely to its repeal. I made the only elaborate argument in the +"Council" against its unequal, unjust, inequitable and partial +provisions, discriminating in favor of centralized wealth and organized +power. It was a close and hard fight in the "Council" but repeal won. + +The school system theretofore existing in the Territory, was radically +remodeled at this session of the Legislature. The bill as presented to +the committee was the work of a selected body of teachers. In a +legislative sense it was crude and in some of its provisions, intensely +radical. I, in fact, re-wrote the whole bill making its retained +provisions full and accurate--omitting surplus statements, and embodying +many new provisions. The bill thus remodeled passed the "Council" and +the "House," and its essential provisions remain the law of the State +today. + +A few general observations may be allowable: Rare are the men who +possess in a high degree, constructive legislative ability. Every act of +legislation ought by clear and accurate provisions cover every element +of the subject matter stated in the title. As the act approaches this it +approaches perfection. + +Any act of legislation laying the foundation of a system--such as the +school system and providing for its administration is a difficult task. +The human judgment is imperfect--and prescience is limited--hence any +approach to perfection in the system itself, or in its administrative +provisions, is a matter of evolution of slow growth--and of the survival +of the fittest. As time advances and light and knowledge increase, the +dead and useless branches are pruned off and the fit and vigorous remain +to blossom and bear fruit. + +The effective and beneficial work of Delegate to Congress is in the +various departments of the Government, and in the various committees of +both houses of Congress. In a new country, rapidly filling up with +people, post-routes and post-offices must be provided. On the +established lines there is a constant and pushing demand for an increase +of service. When I was elected, the daily mail stopped at Tacoma, and +Seattle had only a weekly mail. One of my first efforts was to increase +this Seattle service to a daily mail. I had some difficulty in +accomplishing this object, because the postal authorities claimed that +the revenues of the Seattle office were not large enough to warrant such +increased service. I got it increased, however, to a daily service. I +had not so much difficulty in getting a daily service from Seattle to +Victoria and way-ports. Everybody on Puget Sound knows that Port +Discovery is about six miles west of Port Townsend. Port Discovery was a +milling town visited largely by foreign vessels and many American ships, +and a large volume of business was done there. There was a stage running +daily, from Port Townsend to Port Discovery and back, and it had only a +weekly service. I asked for a daily service, but it at first was +refused, and I notified the people interested of the result. A Mr. +Young, the manager of the Port Discovery Mills, stated to me in a letter +that, inasmuch as the Government was very poor and the people of Port +Discovery were rich, they, out of the abundance of their wealth, would +pay the additional cost, if I would secure the assent of the Government +to allow the contractor for the weekly service, to carry the mail daily. +I showed this letter to the Postmaster-General, and he, after reading +it, said: "Judge, I think the Government can stand the increased +expense, and those people shall have a daily mail;" and he ordered it. + +A Delegate, in order to wisely and intelligently, as well as promptly, +discharge his duties, ought to be a lawyer, and well acquainted +especially with the land-laws of the United States and other laws +pertaining to Territories. He is constantly called upon to push +land-claims to patent, and in this respect he becomes the attorney, +without fee, of the people of the Territory. There is a large volume of +such business, and he must examine the papers in order to understand the +status of the case and to advance it for patent. Representatives from +the older States have but very little of such business to demand their +attention, and to consume their time. + +When I was elected, I do not think there was a single lighthouse, or fog +signal, or foghorn, on the waters of Puget Sound, and I secured the +establishment of quite a number of them. + +I forced the loosening of the grasp of the Northern Pacific Railroad +Company on large quantities of the public land, and I did much to secure +the passage of the law returning to purchasers one-half of the +double-minimum price ($2.50 per acre) paid by them, which was exacted on +the ground that the land so purchased was double in value by virtue of +its proximity to a railroad line. This is a brief and imperfect synopsis +of some of the results of my efforts as Delegate. + +A Delegate has not even the unit of political power--a vote on any +measure; he can therefore form no combination to further friendly +legislation in the interest of his Territory. The Delegates from the +different Territories, however, were regarded as quite an influential +body of men, and were usually able, by scattering through the House, by +use of personal persuasion, by attendance before committees and +receiving favorable reports, to get a part, at least, of what they +desired for their Territories. + +While a member of the House of Representatives I was much interested in +the study of its members and its mode of operation. The popular opinion +is that it is a calm and deliberative body. This is true as a general +rule; but there are times, and they are not infrequent, when the House +is anything else than a sedate and deliberative body of men. + +General Benjamin F. Butler had a seat back of me, and frequently, when +he desired to speak, asked me to change seats with him for a time--my +seat being nearer to the Speaker of the House and a fine place wherein +to stand and from which to be distinctly heard. On one occasion it was +announced that Butler would deliver a speech on the financial question. +I offered him my seat for the purpose. The House was full. Butler was +cross-eyed and near-sighted. He commenced the delivery of his speech by +reading from a manuscript. Every eye was turned towards him. He always +commanded the attention of the House when he spoke. In the delivery of +his speech he had to keep his manuscript close to his face and to move +it to the right and to the left on account of his being cross-eyed. He +did not often speak from manuscript. This was his first attempt to do so +at that Congress. The spectacle was so novel that many members began to +laugh and to interrupt him by asking him questions. He threw the +manuscript on the desk, stepped out into a space nearly in front of the +Speaker, and gave the points of his speech without the aid of his +manuscript. He was frequently interrupted, especially by the Democrats; +and he suggested to me the idea of a lion at bay, shaking off and +striking at his opponents with caustic wit and scathing repartee. On +another occasion, a gentleman from Maryland, a large and portly man, who +was Chairman, I think, of the Committee of Foreign Affairs, arose to +introduce and briefly to explain the provisions of a bill reported from +his Committee. This gentleman was quite deaf, and like all deaf persons +spoke in a very low tone of voice; in fact, he could not be heard six +feet away from him; but he had, no doubt adopted Demosthenes' idea that +gestures were the levers of eloquence; and his arms would go up and down +and to the right and to the left, and his eyes sometimes rolled upward +and then downward to the floor. Someone cried out: "Is this a pantomime +performance, or a public speech?" Then others gathered around him, and +all kinds of remarks were made concerning the performance. The Speaker +finally compelled the Members to take their seats; whereupon the Member +ceased his motions, and probably his speech, and resumed his seat. This +gentleman came to Congress with a great reputation as an orator. +Probably he had been such in former years, but his deafness had +destroyed his powers in that regard. + +I was in the House at the time that James G. Blaine, then a prominent +candidate for the Republican nomination for President, annihilated J. +Proctor Knott, who was Chairman of the Committee on the Judiciary. A +report had been made by that Committee on a matter referred to it; it +seriously reflected on Blaine's honor and integrity as a man and as a +member of the House of Representatives. It seems to have been the intent +of the majority of the Committee who joined in the report, and who were +all Democrats, not to bring up the report for hearing, but to let it +stand as damaging evidence against Mr. Blaine, in order to prevent his +nomination, or to defeat his election, if nominated. Blaine and his +friends determined to expose its animus and falsity on the floor of the +House, so that the refutation would go with the charge. To make this +vindication, however, it was necessary for Blaine to obtain the floor; +this would be opposed and was opposed. In the parliamentary conflict +for the floor which ensued, Blaine's superior knowledge and tact +succeeded, and he was recognized by the Speaker. I never saw a more +forlorn look of disappointment, and of sullen resignation, than that +manifested in the countenances of many of his opponents, when the +Speaker announced that the gentleman from Maine was entitled to the +floor. Blaine was pale, and all aflame with indignation. His voice, +although at first a little tremulous, soon became clear and ringing. His +sentences were compact and parliamentary. He accused that great +Committee of darkening its former reputation by making a report for +political purposes. He further accused them of the deliberate +suppression of evidence that completely exonerated him, he drew from his +pocket a certified copy of such suppressed evidence, read it to the +House, and waved it in triumph amid the uproarious applause of his +Republican colleagues, and of many Democrats. He spoke in this vein for +about thirty minutes. When he closed, his friends were joyous, and his +enemies dismayed. Among the first, personally to congratulate him, was +Ben Hill of Georgia, a distinguished member of the then extinct +Confederate Congress. + +A ludicrous scene occurred in the House, when the bill making a large +appropriation for the re-building of the various edifices formerly +constituting William and Mary's College, in the State of Virginia, came +up for consideration. These buildings were alternately in the possession +of the Union and Confederate forces during the war, and were destroyed +by fire while the Union forces were in possession of the ground upon +which they stood. Most of the members of the Democratic party favored +this bill. A few opposed it. The Republican members generally opposed +the appropriation, but there were some who favored it. It was +understood that when the bill came up for final passage, but one speech +would be made in its favor, and that was to be made by Mr. Loring, of +Massachusetts, a Republican. Mr. Loring had a national reputation for +finished and eloquent orations. When the time arrived the House and +galleries were full. Mr. Loring arose and partly read from a manuscript +his great oration. He stated in a clear and comprehensive manner what +the laws of war formerly were, and how they had been modified by the +generous principles of Christianity and of civilization. He stated that +now as recognized by every Christian and civilized nation, churches, +hospitals, institutions of learning and other eleemosynary institutions +were exempt from the ravages of war. He spoke in eloquent terms of the +sacred walls within which poets, philosophers, statesmen, lawyers, great +divines and warriors, if not born, received their inspiration and were +qualified for their grand missions. He was listened to, throughout, with +breathless attention. When he closed, at the expiration of a little over +an hour, he was greatly applauded. I thought it the finest oration I had +ever had the pleasure of hearing. The Republicans were anxious to break +the magnetic spell of his oratory, and to get a little time for the +sober second thought, of the members to assert itself. Conger, of +Michigan, had the ability to crowd more sarcasm, wit and scathing +repartee into the same length of time than any other member of the +House, and he was chosen by the Republicans to break the magnetic spell +of Loring's great speech. He arose, and after complimenting the +honorable gentleman from Massachusetts on his great effort, stated that +some of the buildings constituting the College, while in the possession +of the Rebel forces, were used as stables for their horses, that their +floors were covered with excrement of such animals, that other buildings +were used as hospitals for the sick and wounded, and that their walls +were besmeared with blood and filth; and he sneeringly remarked, that +these were the sacred walls that so inspired the eloquence of the +honorable gentleman from Massachusetts. After indulging in other bitter +declarations of the same character, he ceased--having spoken for about +thirty minutes. The Virginia members were very much excited. One of +their number, by the name of Good, arose to reply to Conger. Good +possessed the ability to open his mouth and, without seeming effort or +preparation, to pour forth a volume of sweetened wind or a volume of +scathing philippics. He denounced the honorable gentleman from Michigan +for preaching a gospel of hate and vengeance, which had heretofore +well-nigh wrecked this glorious Government, which if persisted in, would +keep open the wounds and sores that under a more liberal and generous +spirit were fast healing. He indulged in more of this kind of +denunciation, and finally, in a supreme effort of indignation, consigned +the honorable gentleman from Michigan to ruined towers and castles and +crumbling walls, where he could be fanned by the damp and dismal wings +of bats, and listen to the hooting of owls, forever. Conger, who had not +resumed his seat, but stood calmly gazing at the honorable gentleman +from Virginia, exclaimed, with a piercing and ringing voice, "I hear +them--even now." This remark was received with roars of laughter, joined +in by Democrats as well as Republicans. Mr. Good tried to proceed; but +when he did so, someone would exclaim, "The owls are hooting again," +and poor Good resumed his seat. + +I have noticed that some pungent remark, or sarcastic repartee is often +more effective than a set speech. All remember Butler's reply to +"Sunset" Cox, when the former was frequently interrupting him. With a +motion of his hand over his bald head, he exclaimed to Cox: "Shoo, Fly! +don't bother me." It was taken from one of the popular songs of the day. +It hurt Cox's prestige and lessened to some extent his power. Cox was +physically a small man, and the application carried with it an +expression of contempt. Holman, of Indiana, on account of his objections +to all bills making appropriations of money, got the name of being "the +watchdog of the Treasury." Towards the end of his term an amendment was +offered in which a near relative was much interested. The familiar "I +object" was not heard, and the amendment went through with his support; +whereupon a member sitting near exclaimed: + + "'Tis sweet to hear the watchdog's honest bark + Bay deep-mouth'd welcome as we draw near home." + +In a more recent case, a gentleman from Indiana, in his indignation +against a gentleman from Illinois, called the Illinois member "an ass." +This was unparliamentary language, and the Indiana gentleman had to +apologize and to withdraw the remark. The gentleman from Illinois arose +and said he did not know what was the matter with him that he should +always so excite the ire of the gentleman from Indiana; the gentleman +from Indiana replied: "If you will inquire of some veterinary surgeon, +he can probably tell what is the matter with you." This was perfectly +parliamentary and a complete exterminator. + +Many people suppose Congress to be an assemblage of orators. This is a +great mistake. In point of ability its members are eminently +respectable, and many of them distinguished in their particular line of +business, profession or thought. Most of the set speeches are delivered +from manuscript. The matter is well considered and in most cases clearly +stated; but the delivery is often dull, listless and without animation. +This is particularly true of speeches founded on a dreary array of facts +and statistics. While the logic of such facts or figures may be very +convincing, yet in the hands of most men their presentation is very +uninteresting. Few men can present statistics in an interesting and +captivating manner. Garfield must be considered as pre-eminent among +that class of men. I have heard him make a speech of over an hour in +length on financial questions in which he not only presented a +formidable array of statistics, but held his auditors spell-bound to its +conclusion. It may be said of the orators of the House that though they +are great advocates, they are not constructive statesmen; they are +orators and nothing more; they are good to show the reason for a +provision and skillful in their defense of it from attack. Conkling, one +of the most brilliant speakers in the Senate, although a member of that +distinguished body for many years, is not the author of any beneficial +act of legislation. The career of such a man will be brilliant, but it +will be brief. It is the constructive statesman who succeeds in writing +his name permanently in the legislative history of his country. Most of +the legislation benefiting the people, or putting their rights on deeper +or broader foundations, has originated with the silent workers in +either House of Congress. + +To show the listless and inanimate manner in which some speeches, truly +great in their logic and in their facts, are delivered in the House, let +me state an incident. A gentleman from New York, who came to Congress +with an established reputation as a public man, arose to address the +House on the necessity of a more liberal and reciprocal trade-treaty and +tariff, with the Dominion of Canada. In the expectation that he would +address the House on the evening that was set for general debate, the +House was full when he arose, and every eye was turned towards him. He +read his address from manuscript. His voice was indistinct and it lacked +in volume. After reading two or three pages from the manuscript before +him, he seemed to be unable readily to decipher it--it having been +reduced to writing by his clerk. He halted, stumbled and misread +portions of it, and then re-read it to correct his mistakes. The members +commenced quietly to leave their seats and to retire to the cloak-rooms. +As he was a member of the Committee on Commerce, and had shown me many +favors, I took a vacant seat near him. When the chairman announced that +his time had expired, I arose and moved the chairman for the extension +of his time for twenty minutes. The chairman said he heard no objection, +and he extended the time of the gentleman from New York for twenty +minutes more. While on my feet I looked around and saw there were not +over eight members in the House, that they were all engaged in writing +at their desks, and that the chairman was reading a newspaper. The next +morning the speech appeared in the Congressional Record, and every one +spoke of it as a very fine argument in favor of the policy advocated by +him. + +My judicial career may be briefly stated. My district was the Third. It +was bounded on the south by the southern boundary of Pierce and Kitsap +Counties; on the east by the dividing ridge of the Cascade Mountains; on +the north by the northern line of the Territory, which was the +International boundary line; and on the west by the Pacific Ocean. I +held two terms of Court annually at Seattle, Port Townsend, and +Steilacoom. There was quite a volume of admiralty business. This was +attended to whenever it arose, in term-time and out of term-time, in +order to meet the convenience of suitors. No appeal was ever taken from +my decrees in this class of business. I made it a point to clear the +docket of all accumulated cases at each term. Homicides were quite +frequent in the district, and I rarely held a term of Court without +trying some person accused of murder in the first degree. There were +frequent convictions for manslaughter, and for murder in the second +degree, and sentences were imposed by me in accordance therewith. There +were four convictions for murder in the first degree, and three +executions. The facts and circumstances attending the fourth case +deserve a more extensive statement. Before I make such a statement let +me say, that while many appeals were taken from my judgments and rulings +in criminal cases, I had but two reversals charged against me in a +period of between six and seven years on the Territorial Bench. I hope +no one will detract by implication from the honor of that record, by the +insinuation that I was Chief Justice of the appellate tribunal for most +of that time. + +After the furor of "fifty four, Forty or Fight," had somewhat subsided, +the Treaty of Washington, entered into between the United States of +America and Great Britain, adopted and extended the line of division +between the Dominion of Canada and the United States along the 49th +degree of North Latitude to the waters of the Pacific Ocean, as the +northern land boundary of the United States; thence west by the +principal channel or waterway to the center of the Strait of Juan de +Fuca; thence along said center line to the Pacific Ocean. Now, it was +found that there were two principal channels or waterways from the 49th +degree to the Strait of Juan de Fuca. These waterways were the Canal de +Haro and the Rosario Straits. The Canal de Haro was the most western and +northern waterway; the Rosario Strait was the most eastern and southern +waterway. San Juan Island and other smaller islands were situated +between the two. If the Rosario Straits were adopted as the true line, +these intervening islands belonged to Great Britain; if, on the other +hand, the Canal de Haro was the true line, the islands belonged to the +United States. By agreement of the high-contracting parties, the German +Emperor was chosen as arbitrator to determine the location of the true +line mentioned in the Treaty. + +In 1859 an informal convention was entered into between the +high-contracting parties by which the laws and civil officers of both +nations were excluded from the territory in dispute; the islands in the +meantime were to remain in the joint military occupation of the two +nations. Hence, there was a British military post, and also an American +military post, on San Juan Island, fully garrisoned. This informal +understanding had not the dignity or force of a treaty, and was +therefore binding on the courts only as a matter of policy and comity. +It was binding only in the court of honor. Such being the facts, a man +by the name of Charles Watts, an American citizen, foully murdered +another American citizen near the military post of the United States. +Watts was arrested by the Federal military authorities and held in +confinement. There was a good deal of feeling and excitement over the +matter. When I went to Port Townsend to hold Court, I issued a warrant, +directed to the United States Marshal, to arrest said Watts and to bring +him to Port Townsend for indictment and trial. He was readily delivered +by the United States military authorities to the United States Marshal, +and brought to Port Townsend. He was indicted by the grand jury for +murder in the first degree, and tried and convicted at that term. He was +sentenced by me to be hanged until he was dead. An appeal was taken from +the final judgment in the case to the Supreme Court of the Territory; +and, upon hearing, a majority of the Supreme Court, consisting of Judges +Greene and Kennedy, reversed the judgment on the ground that the Federal +side of the Court had no jurisdiction. To the general reader, it may be +well to state that the Territorial Court had all the jurisdiction of the +District and Circuit Courts of the United States, and such jurisdiction +constituted what was called, the Federal side of the Court. It also had +all the jurisdiction arising under the Territorial laws, and the common +law suited to the conditions; and this constituted the Territorial side. +Watts was indicted and tried on the Federal side of the Court, and the +Supreme Court held that he ought to have been indicted and tried on the +Territorial side of the Court--hence the reversal. I delivered a +dissenting opinion which, as the case assumed a national importance, I +give in full: + + + OPINION. + + "As I cannot assent to the conclusion reached by the majority + of the Court in this case, I will state as briefly as possible + the conclusion of my own mind upon the question of jurisdiction + involved in the case, with my reasons therefor. + + "I have come to the conclusion that the United States side of + the Court had jurisdiction, and for the following reasons:-- + + "1. We all agree that the phrase 'sole and exclusive + jurisdiction,' as used in the Crime Act of A. D. 1790, 1 Stat. + 113, has no reference to a claim of jurisdiction made by any + foreign power, but to State and Federal jurisdiction, or, as we + are situated, to Federal, as contra-distinguished from + Territorial jurisdiction. We also agree that it is the duty of + the judiciary to extend the jurisdiction of the laws of the + United States as far as the political department of the + government extends the territorial area. + + "2. In my judgment it is the duty of the courts to construe all + such conventions as that entered into between the government of + the United States and Great Britain, with reference to the + Island of San Juan, so as to avert the evil apprehended, and + sought to be prevented. + + "When the convention was entered into there was imminent danger + of a conflict of arms. That danger arose from two causes--the + action of the military commanders of this department and the + enforcement of the laws of Washington Territory over the + disputed domain. The first danger was removed by a change of + commanders. The second, by the exclusion of the laws of the + Territory, and that exclusion has been enforced by the + military power of the government ever since. + + "3. Was it the intention then of the high-contracting parties, + to exclude all law from San Juan Island, and to make it a + secure asylum for thieves and murderers? I think not. Possibly + there might be some ground for the recognition of the + distinction between acts _malum in se_ and _malum prohibitum_, + acts which under every law, human and divine, are criminal, and + those acts which are only criminal by virtue of some positive + statute making them such. I infer that two civilized nations + would not directly or indirectly, concur to create any such + asylum. + + "It was the design, then, that some laws should exist and be + enforced on that island. That it was the design of the + government to exclude the laws of the Territory is manifest by + the proceedings of the convention and the action of the + government from the date of the convention down to the present + time. It was so understood by the military department; + acquiesced in by the other departments of the government, and + recognized as a fact by the courts of the Territory, and by the + legislature, as is evidenced by the release of the county of + Whatcom, within whose limits the island was included by a prior + act of the legislature, from the payment of all costs for the + prosecution of persons committing crime on said island. + + "Whatever jurisdiction might have been claimed by the Territory + prior to the last-cited act, was virtually abandoned by it. + + "The exclusion of the territorial laws since the date of the + convention has been open, manifest, and palpable, and I believe + rightful. Then, if I am correct in my conclusions, no other + laws were in force on the island for the punishment of persons + guilty of murder (not connected with the military), but the + laws of the United States. In fact, it would follow as a + logical sequence, that if the territorial laws were excluded it + would be a place 'under the sole and exclusive jurisdiction of + the United States,' hence, the laws of the United States would + be operative there. + + "I can see many cogent reasons why it was desirable to exclude + territorial laws and territorial officials from the island. The + territorial legislature represented but a small fraction of the + American people and was far removed from the power which was + responsible for a state of peace or war, and before measures + could be disapproved by Congress a conflict might be + precipitated. Territorial officers were not responsible, + directly at least, to the supreme power. It had no control over + their official conduct. All will agree that such control ought + to be directly with the responsible power. That could only + exist legitimately, but by the exclusion of the local + jurisdiction and the operation of the national jurisdiction, + modified by express convention or necessary implication. + + "It might be very competent and very proper in the + accomplishment of the object in view, for the treaty-making + power to suspend the operations of all laws for the punishment + of offenders save in the cases where the acts were crimes, by + the universal judgment of mankind. The power to suspend or + modify must exist somewhere, or in the case of disputed + jurisdiction, there could be no treaty or conventions. + + "All such conventions are founded on the mutual concessions of + the high contracting parties. After the convention has been + signed, the supreme power in our government, in order to secure + its honest and faithful execution, took possession of the + disputed Territory, segregated from its former local + jurisdiction, and administers, modifies, or suspends its own + laws by its own military or judicial agents. The supreme power + acts through its own functions and not through that of an + inferior jurisdiction. It administers its own laws so far as + such administration is not in conflict with the convention. Its + power is ample and it need not borrow from the inferior + jurisdiction. + + "It can not be argued successfully that because San Juan Island + is within the limits of Washington Territory, that, therefore, + it can only be subject to its laws. Puget Sound, Admiralty + Inlet, and one-half of the Straits of Fuca are within the + territorial boundaries, but still many of the criminal laws of + the United States extend over them. Neither can the joint + possession of the United States and Great Britain effect the + question. + + "The high seas are in the joint possession of all the nations, + and yet every nation punishes its own subjects for crimes + committed there. Watts is an American citizen, and the victim + of his violence was also. + + "4. I am unable to convince myself that, if one general law of + the Territory went to that Island, but what all general laws + went there. That they were not and are not permitted to go + there is a fact too palpable for argument. The alternative then + is presented, either that their exclusion by force has been + rightful, or that the military department has been guilty of a + gross usurpation. + + "The latter branch of the alternative ought not to be received + without the clearest and most indubitable proof of its + correctness. I am not contending for the doctrine that a + military order is absolutely conclusive upon the courts, but + it is always entitled to respectful consideration and will be + presumed lawful until the contrary is shown. Especially, should + such be the case when the order emanates from the highest + functionary of the military department, and has been long + sanctioned, at least by the acquiescence of every other + department of government. + + "To have permitted all the laws of the territorial legislature + to have gone to the island would have resulted in the + nullification of the convention. It would in fact have given + the territorial legislature a veto on the treaty-making power + of the government. Could this convention have stood for a day + with the extension of the taxing power of this territory over + that island? Every one knows that it could not. If the + territorial jurisdiction extended there, it had the right to + tax the property of the inhabitants thereof for territorial and + other legitimate purposes. Taxes are not levied upon citizens, + only, but inhabitants, property-holders, residents within the + jurisdiction. The rightful exercise of such a power would have + been decisive of the controversy, or rather it would have been + exclusive of any rightful claim to controversy. Its attempted + exercise would have been resisted with all the power of Great + Britain. Reverse the circumstances and let British Columbia + attempt to extend its taxing power over that island, and our + government would resist the insult with all its military power. + + "On what principle could a part of the general laws of the + Territory go to that island, and a part not? It is of the very + essence of general laws, at least, that they should be uniform + and universal. If the territorial jurisdiction extended at all, + it is complete and entire. It reaches all rightful subjects of + legislation, and is supreme within those limits. + + "For the above reasons, I am of the opinion that Watts was + rightfully indicted under section 4 of the Crime Act of 1790, + which reads as follows: 'If a person or persons, within any + fort, arsenal, dockyard, magazine, or in any other place, or + district or country, under the sole and exclusive jurisdiction + of the United States, commit the crime of wilful murder, such + person or persons, on being thereof convicted, shall suffer + death.' + + "But if there is a doubt as to whether San Juan Island was + within the Third Judicial District or not, then the last clause + of section 28 of the Crime Act of 1790 would apply, for Watts + was first brought into the Third Judicial District and + delivered to the marshal of the Territory by the order of the + Secretary of War." + +Immediately after the reversal I called a special term of the Court at +Port Townsend, at which Watts was re-indicted on the Territorial side of +the Court, tried, and again convicted and sentenced to be hung. He again +appealed to the Supreme Court, but the judgment was affirmed; he then +sued out a writ of error to the Supreme Court of the United States, and +it was allowed, and it came up for hearing while I was Delegate from the +Territory. The Court was informed that Watts had escaped from jail and +was at large, and the Supreme Court refused to hear his writ of error. +He has never been recaptured. + +After all this had transpired, the German Emperor decided that the Canal +de Haro was the true boundary line under the Treaty. The British troops +were withdrawn from San Juan Island, and peace and friendship +prevailed. + +While I have always been in favor of liberty regulated by law, and have +believed that order and security were the sure resultants of law's +vigorous enforcement, yet there may be times and conditions, in frontier +communities, when the suspension of the general rule, like the +suspension of the great writ of Habeas Corpus, may be justified in the +forum of reason and morals. Especially, is this true when the furore of +the populace is not based on race, or class prejudice, or the frenzy of +religion, or party madness; but has only for its ultimate, the security +of person, property and habitation. + +Hold-ups on the streets, with pistol accompaniments, were frequent in +the City of Seattle; burglaries were the regular order of business; no +man was safe in the streets after nightfall; in fact, fear had become so +intensified that in the visitation of one neighbor to another's house +after dark, the visitant, after proper precautions, was received with +pistol in hand. Such were the conditions, I am sorry to say, existing in +the embryo city of Seattle in January, 1882, and such had been the +conditions for several months previous to that time. The town was full +of thugs and criminals. Such a situation was intolerable. During its +continuance one George Reynolds, a young and popular business man, was +shot down in cold blood, between seven and eight o'clock in the evening, +while going down Marion Street to his place of business on Front Street, +now First Avenue. He was held up by two ruffians between what are now +called Third, and Fourth Avenues. His money and his other valuables were +demanded by them, and upon his refusal to deliver up, he was +assassinated. + +I have never been a believer in Divine interposition or impulsions, but +I must confess that on that fatal evening, and on a few other occasions +my rationalism was somewhat shaken. My usual route from my residence on +Fourth Avenue to my office on James Street was down Marion Street. On +that evening, arriving at Marion Street, under the influence of some +occult force, or power, I stopped, looked down Marion Street, and saw +the assassins of George Reynolds standing near the west end of the block +and leaning against the wall of the Stacy premises. Impelled by this +mysterious force, I involuntarily went on to Columbia Street, and, when +nearly opposite on the block to the south, heard the report of the shot +that ended the life of Reynolds. Soon after I arrived at my office, I +was informed that Reynolds had been shot and that he was dying; that +many citizens were assembling at the engine-house, and that my +attendance was requested. I accompanied my informant to the engine-house +and found there assembled from seventy to a hundred men, greatly excited +and determined. We quickly formed ourselves into a Committee of Ways and +Means, and resolved to spare no expense, nor to omit any means for the +apprehension and punishment of the guilty parties. I was elected +Chairman of that meeting. We also immediately sent out twenty-five armed +men to patrol the streets leading out of town, and to guard, in boats, +the water front. We soon after added to the patrol twenty-five more men; +soon after, fifty more; and within an hour-and-one-half after the firing +of the fatal shot, we had at least one hundred armed men, and detectives +in the field, besides the active, vigilant, willing and intelligent +regular police-force of the town. In addition, a select committee, +headed by the Honorable William H. White, was appointed to investigate +the circumstances of the shooting, and to ascertain, as nearly as +possible, the facts and circumstances identifying the guilty parties. I +remained in the engine-house until after one o'clock, listening to the +reports, made by patrolmen concerning suspicious characters, which were +summarily examined and in most cases were dismissed as unfounded; but in +a few cases the order was made to keep these suspects under strict +surveillance, awaiting further developments. Between one and two o'clock +a. m. the report came in that the guilty parties had been arrested, +delivered to the sheriff and by him locked up in the County jail. They +had been found concealed under bales of hay on Harrington's wharf. One +had in his possession a pistol, but recently discharged. There were two +of them. The news of their capture spread like wildfire. The patrolmen +and other citizens came rushing in to the engine-house; and when the +captors gave an account of their success, they were angrily asked, why +they had delivered them to the sheriff, and why they had not brought +them to the engine-house? The question was ominous. They were told that +the captives were in the proper custody; and they were asked what they +wanted the captives brought to the engine-house for? The reply was, that +they wanted to look at them. This was still more ominous. I saw that so +firm was the conviction that the parties arrested and in the rightful +custody of the sheriff, were the guilty parties, that if the populace +could get hold of them they would be strung up, without examination or +trial. To this threatened act I was opposed, and I left the meeting and +went down to my office. The light was still burning in the front room; I +extinguished it, and, leaving the front door unlocked, went to the rear +or consultation-room, locked the door and sat in a chair to meditate in +the darkness on the situation, or condition of affairs. I had not been +there long before two persons whom I recognized by their voices came +into the front room and called me by name. I did not answer. They then +came to the door of the consultation-room, rapped on the door, called me +by my name and gave their own names. I finally admitted them. They told +me that they had just left the crowd at the engine-house, and that the +determination was fast approaching unity, and, if its culmination was +not prevented, the captured men would be taken out of the jail and hung +that night. They thought that I might prevent such an unnecessary and +unwarranted ending of our grand and successful work. Knowing that the +sheriff was a man of nerve and courage, and fearless in the discharge of +his official duty I dreaded the result of such an undertaking, and I +finally consented to go. + +Upon arriving at the engine-house I found it filled by an excited yet +joyous crowd. I made my way through this crowd to the rear of the large +assembly-room, and while working my way through, received something of +an ovation. While yet standing, someone said: "Judge, we thought you had +thrown off on us." "Never," I replied. "But to illustrate my position," +I said, "let me tell a story: Three negroes, passionately fond of +hunting, and whose ambition in that regard was not fully satisfied by +the capture of deer, turkey and quail in their native State, decided on +a hunting-trip in the Rocky Mountains, to add the capture of larger and +more dangerous game to their trophies. Being fully equipped, they bought +tickets for a recommended point in the mountains. Arriving there, they +left the train and went up into the dark woods, the sunless canyon, the +silent coves and snow-crowned mountains, where the denizens of the wild +were supposed to dwell. On the second day of their camping-trip, they +came upon a large grizzly bear in a mountain cove. They fired at the +grizzly and wounded him. Then the scene changed, and the bear commenced +to hunt them fiercely. Two of them succeeded in climbing trees, but were +unable to take their guns up with them. Sam, the other, was pushed so +closely that he was unable to tree. He ran in a circle, with the bear in +close and hot pursuit. His companions, safely perched in their tree, +halloed to him to run. 'Sam, for God's sake, run.' One of the companions +slipped down from the tree and, as Sam and the bear approached him, made +a successful shot and finished the race so far as bruin was concerned. +Sam, as soon as he could get his breath, says: 'What did you niggers +mean by crying out to me, run Sam, for God's sake, run? did you suppose +I was such an enormous fool as to throw off on that race?'" I told two +more of the most ludicrous and laughable stories that I could think of; +the object being manifest: I wanted time for the sober second thought to +assert itself. I continued somewhat thus: "Are you afraid that the +sheriff will send away the prisoners tonight, or that they will escape? +If so, that can be prevented by sending twenty-five or fifty, or if you +please, one hundred men, to keep watch and guard until nine o'clock +tomorrow morning, when the justice has promised me to hold a public +examination of the prisoners in the Pavilion, where all may come and see +them and hear the examination." The Honorable William H. White, who was +present, made a clear, earnest and forcible speech in favor of the +proposition, and it was carried by a good majority. + +The Pavilion was on the Southeast corner of Front and Cherry Streets. +It was used as a church, as a Court House, as a theater, and for all +public meetings. It was over a hundred feet in length and about thirty +feet in width. Its entrance was from Front Street. + +At the appointed time Justice Samuel Coombs was in his seat and the +prisoners were present. They both pleaded not guilty. Honorable William +H. White and myself acted as prosecuting attorneys. A Mr. Holcomb, a +lawyer of good standing and ability, appeared for the prisoners and +sharply cross-examined the witnesses sworn on the part of the Territory. +The Pavilion was full of spectators, among them was his Honor Roger S. +Greene, the then Chief Justice of the Territory. When the evidence was +all in, the Territory waived its opening, but the prisoners' counsel +made a brief argument in their behalf. The Territory waived its right to +reply. During the progress of the examination, the windows in the rear +of the Pavilion had been quietly removed. + +The Justice, after a few moments of reflection, declared that the +evidence of the prisoners' guilt was clear and convincing beyond a +reasonable doubt, and the order of the Court was, that they be held for +trial without bail. When the Justice had ceased speaking, someone--I +have never learned who it was--slapped his hands together three or four +times; and that immense audience rushed with one accord to the open +windows in the rear, taking the prisoners along with them. Judge Greene, +at first, seemed dazed by this sudden rush, but in a short time he +started to follow the crowd. A man standing near seized him as he +attempted to go, pulled down the theater curtain, threw it over the +Judge's head, and securely held him until the crowd was nearly all out +of the building, whereupon James McNaught quietly said: "Let him go." +The Judge quickly rushed out of the building and down the alley to where +the hanging was taking place. He seized one of the ropes and attempted +to cut it, but he was soon hustled out of the crowd. Governor Elisha P. +Ferry then advised him, as he could do nothing, to go home. This he did. +The man who had thrown the theater-curtain over the Judge's head was +asked why he did so; his answer was, that Justice ought to be blind, on +such an occasion especially. + +There were on the north side of James Street two large-sized maple shade +trees standing eight or ten feet apart. It was in these trees that a +strong scantling had been placed, to which the prisoners were hung. As +soon as the two men had been swung up, someone in the crowd cried out: +"Our work is not yet completed; let us hang the murderer of old man +Sires to the same scantling." The idea was immediately seconded, and +about one-half of the crowd went up to the County jail, broke down its +doors, took the murderer who was awaiting his trial, put a rope about +his neck and quickly returned with him to the fatal scantling. The rope +was thrown over it, and he was swung into eternity. + +I left the Pavilion soon after the crowd had retired, and walked slowly +down to James Street. I arrived there just as the crowd was running down +the hill with the murderer of Sires. A gentleman rushed up to me as I +was slowly walking across James Street and said: "Judge, how do you feel +about this proceeding?" I answered: "As a member of Judge Greene's +Court, I feel terribly indignant; but as a private citizen, I think that +I will recover." + +Sires, who had been killed about a month before by a ruffian of the +name of Payne, was an aged pioneer. His life for many years had been a +rough one, and slightly bordering on toughness; but he had reformed and +joined the church; and as he was a man of good ability, he occasionally +preached. Confidence in his sincerity and genuine reform was general. He +was poor, and, to aid in his support, he was given the office of +policeman. While in the discharge of his duties as such, he was shot +down by Payne. There was no doubt of Payne's guilt. + +A coronor's jury on the hanging was summoned. Of this body I was a +member and its foreman. We examined, I think, twelve witnesses. They all +testified that John Doe and Richard Roe and Payne came to their death by +hanging. Who were present, aiding, or abetting, or counselling, or +advising, or actually doing the said hanging, or in any manner +participating in the same, they all swore that they did not know. +Finding that other and further investigation would be futile, we ceased +taking testimony and joined in a verdict embodying what has been stated, +with the addition that while we regretted the mode of their taking-off, +yet we were certain in the death of the prisoners that the Territory had +lost no desirable citizens, and Heaven had gained no subjects. + +Court convened in a few days and Judge Greene gave the grand jury a +well-prepared, able and elaborate charge, stating that everyone who +participated in, or counselled, or advised, or actually performed the +acts resulting in the death of these three men was at least guilty of +manslaughter. He earnestly urged the grand jury to fearlessly +investigate the matter, and if they were convinced that any person +participated in the hanging of the three persons in any way spoken of +by him, they ought to find indictments accordingly. Everybody honored +the Judge for the faithful, fearless and full discharge of his duty in +the matter; but his brave charge resulted in nothing. Thus ended the +second, most tragic event in the history of the City of Seattle. + +Whatever we may think of the mode of the taking-off of these three men, +everyone admits that the result was beneficial. Security in person, +property and habitation was again enjoyed. The criminal classes silently +left the town, and peace and order reigned. + + + + +Chinese Riots + + +The next tragic chapter in the history of Seattle occured in the winter +of 1886, and is known as the Chinese Riots. It is not my purpose to give +a detailed statement of either the cause or the facts attending them. +They had no substantial cause. They sprang from race prejudice and +political madness. There had been no actual or threatened invasion by +the Chinamen, of the rights of persons, or of property, or of personal +security. In fact, the Chinamen were a quiet and peaceable folk, engaged +in the more humble occupations of life. They did not interfere in +politics, or in the social or civic concerns of society. In numbers they +were a small body as compared with the dominant race. In these +circumstances it was resolved by quite a large but irresponsible faction +that the Chinese must go; and a notice was served upon them fixing the +time of their required departure. They paid no attention to it, but +continued in their peaceful avocations. At the appointed time, a large +committee--headed, I am sorry to say, by two lawyers who were backed up +by promise of support of their fellow conspirators--went to the Chinese +quarters, and, with threat of the use of force if they did not obey, +compelled them to pack up their portable effects and to go to a +designated wharf where they could go aboard of a steamer bound for San +Francisco. There was a strong line of assistants to speed their progress +to the wharf, and to guard them after their arrival there. Many thus, +were deported. The Courts soon interfered. Writs of Habeas Corpus were +granted to the Chinamen, and, no cause for their restraint appearing, +they were discharged. His Excellency, Governor Watson C. Squire, being +in town, ordered out the Militia, which under the command of the bold +and fearless Col. J. C. Haines, who was ably assisted by General E. M. +Carr and others, did effective work. The _posse comitatus_ was also +summoned, and it quickly responded. In the afternoon of that fatal day a +conflict occurred between the opposing forces near the Old New England +Hotel; shots were fired by both parties, and two of the rioters were +seriously wounded. The flow of blood seemed to have a cooling effect on +the rioters, and they slowly departed for their homes, disappointed, +defeated in their purpose, and with smothered feelings of vengeance. + +The Governor, wisely considering the actual and threatened danger +existing, proclaimed martial law, suspended the writ of Habeas Corpus +until further orders, and by telegraph requested the President of the +United States to send a Federal military force adequate to preserve +order, to vindicate the supremacy of the treaties of the United States +and the honor of the Government. That military force soon appeared under +the command of General Gibbons, and for two weeks or more the town was +under martial law. Peace and order having been restored, and the sober +second thought having asserted its dominion, the troops were withdrawn +and all was well. Thus ended the third chapter of tragedy in the history +of the town (now City) of Seattle. + + + + +Battle at Seattle + + +After my arrival in Seattle in the summer of 1869, I became much +interested in Seattle's local history. I had known and read of the +Indian war of 1855-6, and of the attack on the town of Seattle by the +Indians on January 16th, 1856, in which two white men were killed; but +of the details of that attack, and of the ensuing battle, I knew +nothing. I wrote to Lieutenant Phelps, who was an officer on the warship +"Decatur" at the time, and who had written and published an account of +the battle, to send me his pamphlet containing such descriptive account, +and he promptly and courteously complied with my request. In addition to +that official statement, I obtained from many of the leading residents +at the time further details, facts and information hereinafter stated. + +I ought possibly to state that at the request of Hillory Butler, a dear +friend and pioneer, who was present and participated in the fight, I +wrote his biography, from which the following is taken. Further to +understand the situation, it ought to be remembered that the side-hill +fronting the bay from the east line of Second Street (now Avenue) +eastward was a dense copse of fern and brush, logs and tree tops, as +well as standing timber to the top of the ridge and beyond, affording an +excellent cover, or ambuscade for the Indians. + + "In the fall of 1855 the Indian tribes east of the mountains + became hostile. A small force under Major Haller was sent into + the Yakima country to reduce the hostiles to subjection. This + force was defeated and driven back to The Dalles. This but + aggravated the discontent of the Indians and well-nigh + precipitated a general uprising. A feeling of dread and + insecurity among the settlers was everywhere present. As + precautionary measures, block-houses were built and stockades + constructed, in many cases none too soon. A block-house was + built in Seattle near where the Boyd building now stands. + Hostile emisseries were known to be at work among the Puget + Sound tribes. Some of the tribes were known to be wavering in + their allegiance to the whites and many individuals of all these + tribes had joined the ranks of the hostiles. The people of + Seattle, however, felt quite secure for the 'Decatur,' a + thirty-gun United States war-ship, under the command of Capt. + Gansworth, lay at anchor in the harbor. Her crew consisted of + 150 men. There was aboard of her also a company of marines, + under the immediate command of Lieut. Morris. Notwithstanding + all this, the evidence of an impending attack, became from day + to day more convincing to those who calmly studied the + situation, and had an accurate knowledge of the Indian + character. They were, however, the few; the large majority were + unbelievers, and the block-house was tenantless. On the morning + of the 7th day of February, 1856, friendly Indians brought the + dire intelligence that the town was entirely surrounded with a + force of from five to eight hundred hostile Indians, under the + command of Leschi, and other hostile chiefs. Even then, no other + attention was paid to this startling information than the + sending word to the commander of the 'Decatur.' He, however, + immediately acted on the information and sent Lieut. Morris, + with the company of marines and one of the ship's guns, to the + shore. They landed on the point a short distance south of where + the New England Hotel now stands. It was about seven o'clock in + the morning. Not an Indian was to be seen. All work had ceased. + Silence reigned supreme. Men, women and children quietly went to + the block-house, or stood in the door-way, or beside their + cabins, watching the movement of the soldiers. Lieut. Morris + loaded his cannon with a shell and directed aim to be taken at + an abandoned cabin, situate on the point a short distance beyond + where the gas works now are. The aim was accurate. The shell + struck the cabin, exploded, and demolished it. That shot of + defiance was immediately answered by the Indians, by a volley + from, three to five hundred rifles. Then followed a general + stampede of men, women and children for the block-house or the + friendly protection of the shore bank--and had it not been for + the fact, that the rifles in the hands of the Indians had been + generally emptied by the first volley, many of the inhabitants + would have fallen on their way to the sheltering bank or + block-house. The Indians were here, and skepticism was at an + end. The smoke from the rifles indicated clearly that the front + line held by the Indians extended along where Third Street or + Avenue now is until Marion Street was past, where it curved + towards the bay. It was a complete semi-circle, and every part + of the then town was within easy rifle range, from said line. + + "The 'Decatur' opened with solid shot and shells--alternating + with canister and grape. All day long the roar of the Decatur's + cannon continued. The ground beyond Third Street was torn up by + exploding shells--huge logs and trees were splintered by solid + shot--and seemingly every space covered by showers of grape and + canister, but still Leschi's warriors held their lines. They + kept up a desultory firing all day and continued the same until + about midnight, when they withdrew as noiselessly as they came. + Three whites were killed during the day--Young Holgate was + struck by a bullet between the eyes, while he was standing in + the block-house door, and was instantly killed. The others were + killed in the attempt to go, or return from their cabins. Every + house was struck by Indian bullets. Strange to say, no one was + hit by the first general volley fired by the Indians. How many + Indians, if any were killed or wounded, during the fight, has + never been known. + + "When the first gun was fired Mr. Butler and his wife were just + sitting down to breakfast. They both jumped from the table and + went to the door. The bullets from the answering volley struck + all around them. Mrs. Butler hastened to the block-house and + safely reached it. Butler gathered up a few valuables and + followed in a short time. He, however, sought the friendly + protection of logs and stumps, for the Indian rifles were now + reloaded and the closeness of the whizzing bullets indicated + that the Indians were watching his stealthy flight. He returned + to his house in the same manner during the day for some portable + valuables. While there, he went up stairs, but the bullets were + rattling around in a manner a little too spiteful and plentiful, + and he did not stay long. Those of the men who had rifles, took + positions behind some protecting log or friendly stump, and + fired at the spot where the puff of a rifle indicated an Indian + warrior concealed. Whether these shots were effective or not, is + unknown--they often caused a cessation of firing from that + ambuscade. As full of terror as were the events of that February + day, the duration of its effect on the minds of the pioneer + settlers of the embryo city was but brief. It was but a + thrilling passage in the unwritten history of pioneer life. + After the roar of the Decatur's cannon and the sharp crack of + the rifle had ceased, all returned to cabins and homes, and + soundly slept and sweetly dreamed of the good time coming. Such + is pioneer life, and such the mental conditions, and characters + it begets. Still we cannot disguise the fact that had it not + been for the presence of the war-ship Decatur, with her + complement of guns and fighting men, the town would have been + plundered and burned, and its inhabitants would have perished in + a terrible massacre. + + "During that fated morning Chief Seattle with many of his tribe + lay under the cover of the friendly shore-banks, silent and + stolid spectators of the raging battle. During a lull in the + firing, he, to the astonishment of all, leaped upon the bank and + with arms flying, and voice roaring defiance, commenced a + bending, bounding and contortion war-dance of the most + intensified order. The hostiles quickly got the range, but as + soon as the bullets commenced to sing around him in dangerous + proximity, Seattle's feet flashed in air as he made a headlong + plunge down the bank. Seattle's war-dance was over, and he + attempted no repetition of the performance on that gloomy day. + Many who witnessed this strange performance supposed that the + old chieftain had received a mortal shot, but he had escaped + without a scratch. + + "The Indians, in giving an account afterwards, of the firing + from the ship, said that they were not afraid of the solid shot + and grape and canister, but the guns that 'poohed' (or shot) + twice were a mystery and terror to them. This was their + description of the firing and explosion of shells. + + "This was in harmony with the idea of the Indians on the plains + in their first intercourse with the immigrants. The first + immigrants' trains had with them mountain howitzers mounted on + strong gun carriages. The Indians spoke of the Bostons as a + tribe of men who could shoot their wagons at them. + + "A kindred idea was entertained by the Mexicans, of the + Spaniards when Cortez first invaded Mexico. The Mexican had no + written, but a pictorial language. The Spaniard on his horse was + pictured as one animal with two heads, four legs and two arms. + This was the description which the correspondents of those days + first sent to the Halls of Montezuma for the inspection of an + affrighted monarch. + + "We have already stated that during the battle a large number of + shells fell upon the benches between Third Street and the bluff + beyond. Most of them exploded when they struck the ground, or a + log, or a tree. Some of them, however, did not, but buried + themselves in the earth or under the roots of huge trees, + retaining all their latent forces. It is said that our friend + Dextor Horton on one of his tours of inspection of the + improvements going on in his loved city one chilly day, passed + by the lots on which Mr. Colman's fine residence now stands. + Noticing a crater of fire burning in the center of a mammoth + cedar stump, he drew near to it to enjoy the genial heat. As is + always characteristic of man, he turned his back to the fire, + parted his coat tails, and was comfortable. As the day, + although cold, was clear and the bright waters of the Sound were + before him--the dark forests beyond and still beyond, the + Olympic Range with its ragged ridges then snow-crowned--as he + was drinking in this scene of beauty and grandeur, lo! a + terrific explosion occurred. Impelled by the impetus of the + explosion he made a quick start and very fast time, for a short + distance. Convinced, however, that the shooting was over, he + stopped and turned to see what had happened. The stump was gone, + the fire extinguished, and he left with the mournful remark, + that he had no idea the durn stump was loaded." + + + + +My Religious Belief + + +I believe in that system of religion which produces, in its practical +operation, the best man and the best woman, the best husbands and the +best wives, the best fathers and the best mothers, the most affectionate +and obedient children, and the more honest and patriotic citizens and +public functionaries. I care not what you may call it; by its fruit or +practical results it should be judged. This is the Bible rule, and it is +eminently practical and just. + +I further believe in the existence of an allwise Creator of all +things--the Supreme Ruler of the Universe. I do not believe in him as a +Supreme Ruler located at some distant point in an immense Universe, but +as an omnipresent God. + +I believe in the immortality of man--not of his physical nature, but of +that divine emanation breathed into the nostrils of man by his Creater +that made him a living soul. It was an emanation from God and cannot +die. + +I do not intend to state more than one reason among many for my belief +in the existence of God; but the immortality of man, founded on reason, +outside of the Scriptural declarations, I shall present more +elaborately. + +When I take a survey of the Universe and find all things running in the +rhythm of order and harmony, I ask myself the question: What is it that +produces this universal order and harmony? No answer can be given other +than that it is the result of law. Now, we can have no more conception +of law outside of a lawmaker, than we can have of an agent without a +principal or an agency. Law and lawmaker, as well as agent and +principal, are inseparably interlocked. The one cannot exist without the +other. Therefore since we must admit the existence of law, the existence +of a lawmaker is a necessary logical sequence: that lawmaker, is God. As +to the immortality of the soul, I offer the following reason, founded +principally on grounds outside of the Bible's declaration of the fact. + +Ever since the poetic Job uttered the profound question, "If a man die +shall he live again?" the inquiry has been ringing down the pathway of +time with increasing interest. Man's immortality is usually proven by +the declarations of the Bible, which are supposed to reveal it as an +ultimate truth. The immortality of the soul is susceptable not of +demonstration, but of reasonable proof by reason itself. If we concede +the existence of God with the attributes usually ascribable to such a +being, and which He must necessarily possess in order to be God, such as +infinite wisdom, goodness and Almighty power, and if we concede further +that He is the Creator of man, man's immortality results as a logical +sequence from such concessions. The desire of immortality, if not +universal among all conditions of men, at least approaches universality. +This universal desire may be called an innate property, or attribute of +man's moral constitution implanted in him by his Creator. It can not be +true that a being with the attributes which we ascribe to God, could +create man with such a desire, to tantalize him through life, and to +disappoint him in death. Consider the fact that nowhere in nature, from +the highest to the lowest, was an instinct, an impulse, a desire +implanted, but that ultimately were found the conditions and +opportunities for its fullest realization. Consider the wild fowl that, +moved by some mysterious impulse, start on their prodigious migrations +from the frozen fens of the Pole and reach at last the shining South and +summer seas; the fish that from tropic gulfs seek their spawning-grounds +in the cool, bright rivers of the North; the bees that find in the +garniture of fields and forests the treasure with which they store their +cells; and even the wolf, the lion, and the tiger that are provided with +their prey. Look in this connection to the brevity of life; its +incompleteness; its aimless, random, and fragmentary carreers; +tragedies; its injustices; its sorrows and separations. Then consider +the insatiable hunger for knowledge; the efforts of the unconquerable +mind to penetrate the mysteries of the future; its capacity to +comprehend infinity and eternity; its desire for the companionship of +the departed; its unquenchable aspirations for immortality--and let me +ask: "Why should God keep faith with the beast, the bee, the fish, and +the fowl, and cheat only man?" But the logical sequence from the +concessions mentioned above is not the argument in proof of man's +immortality which I desire to present. + +The account of the creation of man as given in the Bible is remarkable +for its statement of the distinguishing difference between man and the +rest of creation. When man was created, God breathed into his nostrils +the breath of life, and man became a living soul. He created the beasts +of the field, the fowls of the air, the fishes in the sea and the +creeping things on the earth, but none of these became living souls. +This language, whether inspired or not, states the difference which now +exists and which has ever existed between man and the other created +things. What do we understand by soul? By soul is meant the power to +think, to reflect, and to judge of the moral quality of actions and +thoughts. Let me take the sceptic's standard of what we should believe, +and what we should not believe; that is, we ought not to believe that of +which we have no evidence, and for which we can give no satisfactory +reason. I proceed by a process of elimination, as will be readily seen. +My first proposition, interrogatively stated, is this. Is the power to +think and reflect and to judge of the moral quality of thoughts and +actions, a property of matter or not? If it is a property of matter, +then the sands and rocks and the earth think and reflect and judge of +the moral quality of actions and thoughts; but we have no reason to +believe that sand, or rock, or earth thinks, or that either possesses +the ability to judge of the moral quality of actions or thoughts; hence +we ought not to believe it. Thus we see that the general proposition is +not true, and ought not to be believed. + +Secondly--Is thought and the power to judge of the moral qualities of +thoughts and actions a property of organized matter? The grass and +shrubs and trees are organized matter; but we have no reason to believe, +and no evidence upon which such a belief can be founded, that the grass, +or trees, or shrubs think, or possess any power to judge of the moral +quality of things; therefore, according to the standard which we have +adopted, we ought not to believe it; hence the more limited proposition +is not true. + +Thirdly--Is the power to think, to reflect and to judge of the moral +quality of actions and thoughts a property of animal organization? If it +be, clams and oysters as animal organizations think; possess the power +to reflect and to judge of the moral quality of thoughts and actions, +but we have no evidence that they possess any of these powers, and +consequently we ought not to believe it. + +Fourthly--Are the powers we have been considering essential to the +existence of soul-life, possessed by the higher animal organizations, +such as lions and tigers and domestic animals? + +Here an important distinction must be noted. There is a thing, +universally recognized as existing, called instinct. All of the actions +of animals and many of the actions of human beings spring from instinct. +Instinct was given for self-preservation and defense. It is a sort of +semi-intellect, and sometimes in the perfection of its action is equal +to the highest development of soul-power; for instance, the action of a +bee, purely the result of instinct, in the economy of space in the +fitness of all its contrivances in making the comb, is wonderful; no +improvement can be made upon it by the highest development of inventive +genius. How does instinct act as contra distinguished from actions based +upon the exercise of soul-power? Instinct acts in a straight or direct +line with its object. As an illustration,--a tiger is hungry, a man is +hungry; the tiger sees a lamb--the man sees a loaf of bread in the +baker's window; both, left to the impulse of instinct, would go directly +to the object desired by each; the man, although cruelly hungry, as he +approaches the object of his desires, says to himself, "This bread does +not belong to me; it is the property of another, and I have no right to +take it without his consent." Here we see, in the case of the man, a +soul-power acting at right angles with the impulse of instinct and +controlling and governing the action of the man. It is only when men +are controlled by soul-power, as against instinct, that they really are +men in the higher sense of the term. + +With this principle thus briefly stated, and carefully separating the +actions of men as well as animals springing from instinct from the +actions of men springing from the soul-power, we are prepared to make +the declaration that the tiger is incapable of acting on the +considerations that influenced the action of the man; the rightfulness +or wrongfulness of his act in seizing the lamb did not, nor could it +enter at all into his action; he was affected by no consideration of +right or wrong, and indeed could not be; hence we are prepared for the +conclusion that the power to think, to reflect and to judge of the moral +quality of acts and thoughts, is not possessed by the higher animal +organization, or, in other words, that they have no soul such as we have +defined it. Having thus briefly shown by a process of elimination that +man alone possesses the power that we have described as soul-power, we +have established the first part of our argument. + +Man alone being possessed of soul qualities, the question arises, what +are the duration of these qualities? We argue that, being an emanation +from God, they must of necessity partake of the nature of God, and are +therefore indestructible, and eternal. But it is objected that when the +body dies we see no more manifestation of soul-life. Concede it, for the +sake of argument. Does it follow that the soul is extinct? The body was +the instrument through which the soul manifested itself, just as the +piano is the instrument through, or by which, a certain class or kind of +music is manifested. Is the impairment or destruction of the particular +piano, a destruction or extinction of that music? Who would thus reason? +The music manifested through that piano had an existence in the mind, or +soul of some person anterior to the existence of the signs made on paper +by the use of which the music on the piano was produced, or manifested; +and it is evident that the impairment or destruction of the piano did +not destroy the music. What force, then, is there in the claim that, +simply because the instrument through which the soul manifested itself +is dead, the soul itself is dead, or extinct? There are many +illustrations of this thought in actual life. The wonderful, almost +inspired, conception of beauty, passion and anguish transferred by the +artist's brush to canvas, as enduring monuments of the immortality of +genius, existed in the mind of the artist before a single line of the +grand conception was transferred to canvas. If there be any defect in +the picture it is usually a defect of execution, not of conception. The +canvas is but the means by which these conceptions of beauty, passion or +anguish are manifested to the souls of others. Who will argue that the +destruction of the frail canvas is the destruction of these conceptions? +They existed before they were transferred to canvas; its destruction +does not extinguish them. + +It is said again, that soul-attributes are the results of that +mysterious power called life, operating in connection with animal +organization. But a tiger has life and animal organization, yet it is +clear that he possesses no soul-qualities. Besides, if soul-qualities +are the result of such life and organization, the manifestation of +soul-power would be in exact proportion to the strength of the forces +operating to produce this resultant; hence the elephant, in which these +forces exist in the larger degree, would give us the grander +manifestation of intellectual and moral qualities. I have stated the +objection and given a brief answer, but full enough to show the logical +absurdity of the objection. + +But it is said that soul-qualities are the active manifestations of gray +matter in the human brain. We have already seen that the power to think, +to reflect, and to judge of the moral quality of thoughts and acts, is +not a property of matter. None of it, by itself or in combination, +possesses this power. Wonderful have been the combinations and +resultants of the operations of chemists, but life even in its simplest +form is beyond their power. How much further beyond their power must be +the production of the soul-power mentioned above! Besides, this gray +matter has been analyzed and its constituent elements ascertained; none +of these elements in its simplest form show any trace of this power. How +is it possible, then, by combination to produce that of which no trace +even existed in the elements? Then too, if this power is resultant, it +is a law of chemistry that all resultants may be reduced back to its +constituent elements. It would indeed be a wonderful achievement to +reduce the power to think as a resultant, back to its constituent gases. +Again, take the case of a strong and healthy man suddenly killed by a +bullet penetrating both ventricles of the heart; this gray matter exists +intact in the brain immediately after the extinction of life. Decay does +not immediately affect its power. Does the man think, reflect and judge +of the moral qualities of thoughts and acts after the extinction of +life? If so, then this soul-power exists after death, and the argument +answers itself. + +This argument has proceeded far enough to show its line of thought. +Much might be added by way of illustration, details and further +supporting propositions, but it is not deemed necessary. + +I conclude, then, that the soul is not only a unit with the power +ascribed to it, but that it is also an invisible, immaterial and eternal +entity or being. This is but the enumeration of the attributes of a +spirit or spirit-existence. I will not attempt to repeat the reasons +found in every text-book of mental philosophy and moral science to show +its unity. We have seen that it is not matter; yea, more, that it is not +a property of matter; therefore that it is immaterial. If immaterial and +possessing the power to think and reflect, and endowed with moral +sensations and perceptions--the highest and best evidences of life--it +is a spirit-existence. As such, what evidence have we that a +spirit-existence was ever destroyed? That it exists in manifest. +Existing with no evidence of its destruction or of its destructibility, +we ought to believe in its immortality; hence, I conclude, if a man die, +he will live again. + +I have had a controversy on religious subjects but once in my life. I +have always desired to avoid such controversies. Fixed religious +opinions in the minds of others, especially of the old, I regard as +sacred. To create a doubt, is to loosen them from their moral and +religious moorings and to set them hopelessly adrift. + +After I had left school and was recuperating at my father's house, a +gentleman of the name of Wellover, who had known me all my life, and who +was a plain man of the common people, came to my father's house to see +me. His residence was in what was called the Burr Oak Settlement, +distant about six miles from the town of Sturgis. He was a member of the +Methodist Church and a very exemplary Christian. He seemed to be much +troubled. He said to me: "Orange, you know I have been a believer in the +Bible and its doctrines for many years. A man has been delivering a +course of lectures in the school-house in our settlement. He claims to +be a Greek and Latin scholar, and he is attempting to show that the +priests have so translated the Bible that it is a deception and a fraud. +Now, Orange," he said, "I want you to go down with me to listen to one +of his lectures, and afterwards to tell me whether his translations are +true or not." I said to him, "You go up to town and see William Allman, +who is a graduate of Greenbury College, Indiana, and is reputed to be a +good Greek scholar, and ask him to go with me. Tell him to bring with +him his large Cooper's Greek Dictionary, and if he will go, I will +also." He departed, and soon returned with Allman. I took my large +Cooper's Latin Dictionary; we got into Wellover's carriage and we went +to his fine residence, took supper with him, and then went to hear the +lecture of that evening. We found a good-sized audience in attendance at +the school-house. The lecturer, who had passed the middle age in life, +stated in his introductory remarks that he would pursue the same course +as theretofore, and show, by reference to the Greek and Latin languages, +how the priests had translated the Scriptures; sometimes correctly, but +in most cases, where their interests were involved, so as to create a +dismal terror in the present, and perpetuate by fear, their power in the +future. He said that if there were any present acquainted with these +languages, he would be glad, if he made an incorrect statement, to be +interrupted, and if the statement was incorrect he would correct it. He +denied the existence of a God and the immortality of man. He further +declared that religion, on account of its doctrine of hate and +vengeance, made men crazy. I interrupted, and asked him what was the +proof of the last statement; he said the proof was manifest, for that +men babbled of religion, of God, immortality and hell, after they became +crazy. I answered by saying that I had heard men babble of snakes in +their boots, snakes in the bed and snakes everywhere in the room, but I +never knew that snakes had anything to do with their madness; in fact, I +said, such madness had a well-recognized and efficient cause. He said: +"Don't attempt to be smart, young man," and I took my seat. He further +declared that if man were immortal, beasts were also, for the Romans had +used the word "animus" indiscriminately as to both, and that the priests +had translated "animus" to mean intellect and what was called by them, +the soul of man. I told him I thought he was mistaken. He rather +uncourteously asked me what I knew about Latin. I told him that I had +some knowledge of it and that the Romans used the word "mens" from which +we derived our word mind, mental, and many other words of the same +character, to signify the soul of man; and did not use the word "animus" +for that purpose, or with that meaning. I read to him and to the +audience from the Dictionary the definitions of "animus" and of "mens." +This drove him out of the Latin language, and he and Allman had a +spirited and sharp and somewhat personal dispute, about some Greek or +pretended Greek word. The controversy showed that he had no knowledge, +or only a very limited knowledge, of what he was talking about. He said, +after the wrangle with Allman was ended, that he had been interrupted so +much by the two young men from town, that he would not proceed with his +lecture on that evening, but would close by telling his experience. He +said that he had been a minister for eighteen years--nine years in the +Methodist Church, and nine years in the Christian or Campbellite Church. +He divided all ministers into two classes--knaves and fools. I +interrupted him again and asked him, inasmuch as he had been a minister +for eighteen years and classed all ministers as knaves and fools, what +class he belonged to. He hesitated a moment and said: "I am willing to +confess that I belong to the class of fools." "Then," I said, "that +confession proves the Bible to be true, for it says, 'the fool hath said +in his heart, "there is no God."'" The meeting dissolved, and he lectured +no more in that settlement. His pretended knowledge of the Greek and +Latin languages was a deception and fraud. + + + + +Indians and Their Customs + + +The Indians are fast passing away, and their customs and mode of thought +are passing with them and will only linger in dim tradition. For over +fifty-five years I have been in close contact with many individuals of +the different tribes of Oregon, Washington, British Columbia and +California and I have taken considerable interest in the study of their +characteristics. I have already stated that the Indian is an impassive +stoic. If he has any human emotions, they are with the exception of +anger, never displayed in his countenance. When angry, his countenance +becomes fixed, sullen, morose and determined. He does not voice his +anger, but silently nurses his wrath to keep it warm. He has no wit, but +has a keen sense of the ludicrous, sometimes degenerating into short +pungent sarcasm. This is the exception, not the general rule. He reasons +from surface indications and has a keen perception of the absurd, or +what he considers such. I have given one illustration in the narration +of R.'s civilizing efforts. It is stated that an Indian chief said to +General Isaac I. Stevens, in one of his treaty conventions, "We and our +fathers have always possessed this country. We have no objections to the +whites coming and enjoying it with us. The country is ours. Why do the +whites always urge the Indian to go upon reservations? The Indian never +tells the whites that they must go on reservations." On my return from +Colville in 1855 I met an Indian with a fine mare. I asked him if he +would sell her to me. "Yes," he said, "you may have her for fifteen +dollars." I had with me a surplus of blankets and coarse but warm +clothing, and I offered to trade him three pair of blankets and a suit +of coarse clothing for his mare. It was a cold morning, and the grass +was stiff with hoar frost. He had nothing on him in the shape of +clothing or wraps, with the exception of a thin calico shirt. I told him +that he needed these blankets and clothes to keep him warm. I asked him +if he was not cold. He answered in the Yankee style by asking me if my +face was cold. I told him "No." "Well," says he, "I am face all over." + +The most thorough and extended system of Esperanto which ever existed, +so far as my knowledge goes, was spoken on this Coast. It was an +invention of the Hudson Bay Company, and extended and was spoken by the +Indians generally from the northern portion of California through all of +Oregon and Washington and British Columbia, and north of that along the +Coast for a great distance. It was also spoken and understood by the +pioneers, settlers and trappers through all this vast region. It was +Spartan in some of its laconisms. As an illustration: I was appointed by +the Court, in the trial of a criminal case in Southern Oregon, for the +defense of three Indians on the charge of grand larceny. They were +indicted for horse-stealing. The proof against them was clear and +satisfactory. I labored to reduce the offense from grand to petit +larceny, and I succeeded, for the jury brought in a verdict of "guilty +of petit larceny." The Court sentenced them to three months' +imprisonment each, in the county jail. When their time expired, the +sheriff opened the doors and told them they might go; but, instead of +going, they went to the further end of a long, narrow hall, and two of +them squatted in the corners and the other between them against the +wall. The sheriff came to my office and said to me, "Jacobs, I want you +to go with me over to the jail. I can't make those clients of yours +understand that they may go." I went over with him and found them thus +situated. I told them in the jargon, or Esperanto, that they had paid +the debt they owed to the whites and that they were free to go to their +homes to see their fathers and mothers, brothers and sisters and +friends. The center man--the oldest of the three--slowly arose and very +emphatically spoke the following: "Halo mammook, hiyu muck-a-muck, hyas +close, wake klatawa." This being interpreted means: "We have nothing to +do, we have plenty to eat, we think it very good, we will not go." We +had to drive them out of the jail and into the road on their way home. I +walked slowly back to my office meditating on the philosophy of such +punishment for an Indian. + +Before I came to Puget Sound I had heard of a cultus potlatch. A +potlatch is the giving-away of all of our earthly possessions without +any hope or expectation of any return, either in kind or value. There +was an Indian on the Sound known by the whites as Indian Jim. Jim had a +wonderful ability to accumulate property; he was an Indian Morgan, or +Rockefeller. He was an expert gambler and trader, and very industrious +withal. He usually worked at the mills, where many other Indians were +employed, and he not only saved the money earned by himself, but +obtained, by his expertness in gambling, much of the money earned by the +other Indians, and much of that earned by the white laborers. This money +he invested in blankets--usually at Victoria. Some of his accumulation +of gold he had changed into fifty and twenty-five cent pieces. He also +purchased quite a quantity of calico and Indian trinkets. When he had +secured a large accumulation of such things, he gave a potlatch. The one +I attended was held on the tide-flats south of Seattle. As the time +approached, many canoes were on the Bay, headed by a joyous crowd going +to the potlatch. Jim was very anxious that I should attend the +closing-day of the potlatch. I told him that I would go. He sent a large +canoe with eight paddle-men to take me to the potlatch. So I went in +style, I witnessed the closing ceremonies and Jim had enough to give +every one in attendance, a blanket, or piece of money, or some gaudy +calico, beads or other trinkets. + +He even took off a pretty good suit of clothes that he was accustomed to +wear and gave them away, substituting an old suit for them. He +accompanied me to the city on my return. I said to him, "Jim, you now +are a vagabond; you have no clothes to wear, no provisions to eat, and +no money." He said that that was all right; he would soon get some more. +He said it was all the same as that of the whites, but it was much +better than the white man's potlatch. He said that whenever he met his +friends he could see in their countenance a pleasant light. He also gave +me to understand that it made a sort of nobleman of him. But he said +when the white man died his children make a potlatch of what he left +behind him; and, being dead he could not see in their countenances that +light arising from what they had received from him. I thought possibly +that Jim's philosophy had a touch of sarcasm, and a good deal of truth +in it. + + + + +In Memoriam + + +James A. Garfield was elected President of the United States of America +in November, 1880, and was inaugurated on the 4th of March, 1881; was +shot and mortally wounded on the 2nd day of July, 1881; and was removed +to Elberton, New Jersey, where he lingered until September 19th, and on +that day he died--to the great sorrow of a waiting, hopeful and +sympathetic Nation. No death in our history, save possibly that of +Lincoln, so generally and profoundly filled the hearts of the American +people with sorrow as did the death of Garfield. After its announcement +a Nation, inspired by a common impulse, at once hung out the dark +emblems of sorrow. + +September 27th was appointed Memorial Day. On the 25th a public meeting +was called in Seattle at the old Pavilion. Honorable Roger S. Greene was +elected chairman of that meeting, and he was to act as such on Memorial +Day. Myself, Rev. George H. Watson and Honorable William H. White were +invited to deliver at that time addresses on the character and public +career of the fallen statesman. + +On the appointed day an audience of over four thousand people assembled +in front of and on each side of the west end of the old Occidental +Hotel. The officers of the day and the speakers occupied the first +balcony of the hotel. The exercises were appropriately opened with +prayer by Rev. Ellis. Honorable Roger S. Greene made a brief but earnest +and impressive address, and introduced me in the following complimentary +language: + + "We shall hear from one to-day who can occupy an appreciative + standpoint and speak of the departed President with more than + common sympathy for his public purposes and deeds. + + "Yet more. You yourselves have something to say. You seek one of + yourselves to speak for you; one who not only, like the lamented + dead, thinks as the people think and feels as the people feel, + but one who belongs to this local community and who shares our + own peculiar shade of sorrow. + + "Such an one is here. He is a man skilled in the use of words, a + man identified with yourselves, a man experienced and + accomplished in public and national affairs, a man personally + acquainted with James A. Garfield. + + "Fellow citizens, I introduce to you Orange Jacobs, your orator + of to-day." + +Thus eloquently introduced to the audience, I delivered the following +address: + + "FELLOW CITIZENS:--In arising to address you on this occasion I + feel my own inability to do the subject justice; and the hollow + impotence of human language to express the sentiment of national + woe. We have assembled to honor the memory, to revere the + character, and recount the living virtues of a fallen patriot + and statesman. James A. Garfield, the popular idol of the + nation, is no more. His spirit has passed the bourne from whence + there is no return. We have, in time of our greatest need, lost + one of our greatest statesmen and purest patriots. In the + mid-day of his manhood, in the midst of his usefulness, just as + hope became steady, and faith reliant and sure, Mr. Garfield + descended to the grave. His sun of life has set forever. It + fell from its meridian splendor, as falls a star from the + blazing galaxy of heaven. No twilight obscured its setting. + + "As the sun of the physical world--the brightest and grandest of + all of the luminaries of the firmament sinks to rest, tingeing + the clouds that stretch along the horizon with the golden + glories of its declining rays, so Garfield, the sun-intellect of + this nation, has gone to his repose, reflecting the light of his + noble deeds and unfaltering patriotism, tingeing the breaking + clouds of dissention with the beauty and effulgence of hope and + peace. + + "When the telegraph flashed over a hopeful nation the mournful + news of James A. Garfield's death, with the previous knowledge + of the cowardly means by which it was effected, the great + popular and patriotic heart momentarily ceased its pulsations, + and the life-current of a nation, stood still for a moment, + until the energies of patriotic vitality gathered new force to + repel the effect of the stunning shock. Unbelief and + astonishment were succeeded by wordless sorrow, and this was + mingled with emotions of patriotic vengeance. Patriots in this + mournful hour can brook no sympathy for the damning deed--can + bear no manifestation of joy for the bloody work of the + assassin. + + "James A. Garfield was the popular representative of American + patriotism. As President he possessed no powers but those freely + delegated to him by his fellow-citizens. His highest duty under + the Constitution, and by the delegation of the people, was to + preserve, protect, and defend the Constitution and Government + established by the Revolutionary Fathers. In the faithful + discharge of these duties, he was suddenly struck down by an + assassin. The blow struck not the President alone; it reached in + its rebound the popular heart of America. The shot meant the + annihilation of delegated power, and as such reached the + fountains of popular vitality. + + "The people, in the exercise of their inherent sovereignty, may + elect, but if it does not suit he shall not live says the shot + of the assassin. Such assassinations are extremely dangerous to + liberty and constitutional government. If the will of the + majority is defeated in this manner, popular government will not + long survive. Anarchy, bloodshed and general civil war will + succeed the rebound of the popular heart. The popular frenzy + which developed itself in mobs in many sections of our country, + on the reception of the tidings of Lincoln's death, is but the + logical sequence of the assassin's stroke at civil liberty and + popular rights. Then it behooves every well-wisher of his + country, on such mournful occasions, to give emphasis and + intensity to the nation's woe. For, mark you, fellow-citizens, + there is a smothered volcano of wrath and vengeance in the great + popular heart upon such occasions. A word may vent it, and fill + all this fair land with the lava of blood and ashes. + + "One more preliminary consideration before I call your attention + to the life, character and public services of our dead + President. What will be the effect and consequence of this + horrid murder, considered with reference to national affairs? No + one present can fully tell. Most of the ultimate consequences + are too remote and recondite to be comprehended now. We must + wait for the full development of the logic of events. This we + know, that the time elapsing between the assassin's shot and the + lamented death of his victim has been sufficient for the + supremacy of reason and the subjugation of passion so far as to + prevent any immediate dire results to free government. The + American people, yea the Anglo-Saxon race, are believers in law + and order. They put their trust in and found their hopes upon a + liberty regulated by law. Passion may triumph for an hour, but + the sober-second-thought of the masses is sure to assert itself. + Passion has never but once in our history crystalized into + revolution. It is this subordination to law, this reverence for + its majesty, this reliant faith in its methods and results, that + constitute the bulwark of our liberties, and make the American + people capable of self-government. + + "James A. Garfield was born on the 19th day of November, 1831, + in Orange, Cuyahoga County, State of Ohio, and hence was in his + fiftieth year when he died. He was a graduate of Williams + College, Massachusetts. After his graduation he followed the + profession of teacher, and was president of a literary + institution in Ohio for several years. He afterwards studied + law, and so great was his proficiency, that in legal knowledge + and forensic power he was a foeman worthy of the steel of such + men as Stanton, Ewing, Stanberry and others of national + reputation at the Ohio bar. He entered the Union army as Colonel + of the 42nd Ohio, in 1861; was promoted to the rank of + Brigadier-General January 10th, 1862; was appointed chief of the + staff of the Army of the Cumberland, and was promoted to the + rank of Major-General, Sept. 20th, 1863; was elected to the 38th + Congress while in the field, and was successively elected up to + and including the 46th Congress; and while holding this last + position he was elected Senator from the great State of Ohio, to + succeed Judge Thurman. He never took his seat, however, in the + American Senate, for he was nominated and elected President, + before Judge Thurman's time expired. I ought to have mentioned + that in 1859-'60 he was a member of the State Senate of Ohio. + Such is a brief history of this remarkable man. + + "James A. Garfield, in common with Abraham Lincoln, the + patriotic and lamented Douglas, and the eloquent Clay, sprang + from the loins of the American people. These all forced their + way from poverty up to commanding positions and national renown. + Their genius for public affairs was triumphant over all + opposition and victorious in their rising greatness. The success + of such men is possible only in a government by the people. Be + it said to the everlasting honor of the people, and their + fitness for government, that they not only recognized the + ability of these men, but they gave them their affections + without stint, and their hearty support in opposition to party. + And to-day, from his sublime heights, he whom we commemorate + beholds a manifestation of this affection, by a nation in + mourning. + + "His knowledge, tact, and judgment made him equal to every + position bestowed upon him by the partiality of his countrymen; + yea, more, he was a leader in all. As a student, scholar, and + teacher he stood high. As a soldier his coolness in the shock of + battle, as well as his admirable foresight and judgment, won for + him rapid promotion. As a legislator, debater, orator and + statesman he had but few equals and no superiors. And it was in + these capacities that I knew him well, as it is in the character + of Congressman that he is best known to the great mass of the + American people, I pause for a brief time to consider some of + his qualities as a legislator. + + "He was for many years, while the Republicans had control of the + House, Chairman of the Committee on Appropriations. This was a + position of the highest importance and of the most commanding + influence. It gave him control of all the appropriations of the + Government and made his the actual leader of the House. A defeat + of this committee by the House would be as disastrous to the + party in power as the defeat of the ministry in England: a + defeat by his own party would show such lack of unity of + purpose, and of objects, and ideas on the part of the majority, + as to render them incapable of carrying on the Government. + + "Firm, decided, full of expedients, and wonderful in debate, he + not only carried his measures triumphantly through, but at each + session strengthened his hold upon his party and the country. In + the fierce contests that raged upon such occasions, he showed + that his knowledge and intellect were stupendous. His quick + perception grasped, his strong memory retained, and his ready + logic commanded, immense sources of useful knowledge, gathered + from science, reflection, the history of the past, and the + stirring events of the present. In debate he rejected all + rhetorical ornament, all ostentation and show. Stating his + premises concisely, his reasoning led to the conclusion aimed + at, as irresistibly as the current of a deep and strong river + leads to the sea. There was a logical force and point to his + clear sentences that tended to his conclusions with the + directness and certainty with which the successive steps in a + mathematical demonstration point to the grand result. In making + an attack or repelling an assault upon his position, he always + had a mark, and his intellectual shots fell in and around that + mark with effective proximity. + + "But while he was truly great in devising and successfully + carrying through the great appropriation bills, made necessary + by the enormous expenditures of the war, he was greater by far + as the philosophic leader of his party. + + "After the power vanished from his party in the House, although + his knowledge, of the principles and rules of parliamentary law + was full and accurate, he rarely spoke on questions of order; + but when the principles, policy, methods, or measures of the + Republican party were attacked, he was always put forward as + their champion; and, although men will and do honestly differ + about such matters, yet by the concessions of friend and foe + alike, the proudest monuments of his intellectual greatness have + for their base these masterly vindications. + + "He had a power of generalization and classification possessed + by but few men. He was not a logician in the popular sense of + the term. He addressed the intuitions, and consciences, of men + quite as often as their reason. John C. Calhoun, Senators Morton + and Bayard and Garfield, stand unrivalled among American + statesmen for their wonderful powers of generalization, + classification, and analysis. This power made Calhoun a + dangerous antagonist to Webster, with all his sledge-hammer + strokes of logic and incisive reasoning. Morton's fame and + reputation rests upon this foundation alone. Garfield possessed + this power in a remarkable degree. It was this power that + enabled him to hold popular audiences even in a two-hours' + speech on the dreary topics of finance. + + "He gathered up the fundamental principles underlying the + complicated topics of political economy, stated them with such + clearness and simplicity, as not only to bring them within the + comprehension of, but to make them attractive to the ordinary + understanding. The most voluminous and complicated mass of + facts, fused in the furnace of such an intellect, is quickly + reduced to order; the good separated from the bad, the valuable + from the worthless; and the principles underlying the good and + valuable made manifest, like as the fire of the furnace releases + the precious metal from the rock, dirt and sand by which it is + surrounded, and utilizes it for purposes of commerce and + civilization. + + "As a speaker he was always dignified and impressive. He had + strong convictions, and he uttered them with courage and + earnestness. He was one of the few members who could always + command the attention of the House. I have seen him arise in a + tumult of excitement, and as soon as the tones of his clear, + ringing voice echoed through the vast hall, all was hushed, and + every ear was open, and every eye was turned toward him. I was + present when he delivered his great speech on the importance and + necessity of standing by the Resumption law and the currency of + the Constitution. Many members were wavering, hard times were + abroad in the land; bankruptcies were frequent, and enormous in + amount. There was an appalling shrinkage of values, and a wild + cry came up from the North, the South and the great Inland West + for more money. The advocates, of the policy of largely + increasing the volume of the greenback currency, were jubilant; + but that speech decided their fate. + + "The doubting were convinced, and the wavering fixed, in their + determination to stand by the Resumption law. Resumption + succeeded. The national honor was preserved. Business rests + upon a solid foundation and an era of prosperity prevails. To no + man is the nation more indebted for this auspicious condition of + affairs than to him whose untimely death we mourn to-day. + + "Notwithstanding the earnestness and boldness of Mr. Garfield's + utterances, everybody was his friend. They gave him credit for + honesty, and sincerity. So sure it is that these qualities + always command our respect, if they do not excite our + admiration. + + "The sterling qualities which I have briefly mentioned, together + with his known and accepted position on the great public + questions of the day, secured Mr. Garfield's nomination to the + Presidency at the National Convention, which met at Chicago on + the 2nd day of June, A. D. 1880. His competitor, as all know, + was a patriotic and illustrious Union General. The contest was + remarkable for its thoroughness and intensity in the doubtful + States, but Mr. Garfield was clearly and fairly elected, and on + the 4th of March last, was duly inaugurated. He entered on the + discharge of his duties as President under the most auspicious + circumstances. We were at peace with all the world. The wounds + of the war had been healed, and the work of reconciliation had + fairly been accomplished. Prosperity reigned supreme; the good + time had come and the people rejoiced. Menaced by no external + power and free from domestic dissensions, he could turn his + entire attention to the internal machinery of government. He + determined to distinguish his term of office by its purity of + administration, and its economy of expenditures. Only four + months was he at the helm, but his achievements in that time + will be remembered long, and bless the land for years. In that + brief time he routed the army of contracting thieves from their + entrenched position in the postoffice department, and + established a standard of official integrity and honor that + carried dismay to the spoils-hunter and dishonest official. But + just as he had fully gathered the reins of government in his + hands, and sent forth the uncompromising demand for honesty and + integrity from all officials, and while preparing to enforce + that demand, the assassin's bullet paralyzed his power and + arrested the much-needed work of reform. That he made mistakes + may be conceded, for all human judgments are imperfect; but the + cold and passionless voice of history, though it may find fault + or flaw, will more than satisfy those who loved him most, and + will place his name among the highest and purest in the list of + human rulers. + + "In contemplation of the solid and brilliant abilities of a + great man, we often lose sight of those qualities that endear + him to friends, and to the loved ones around the home circle. + Man may possess transcendant genius, and be the idol of the + populace, and yet be selfish, unsocial and cruel at home. + Towering ambition may, and sometimes does, subordinate the love + of wife, of children, and of parents, to its gratification. Such + was not the case with Garfield. His home was his retreat from + the storms and battles of life, where love reigned supreme. The + telegram dictated by himself to his wife on the 2nd of July + last, just after the fatal shot, was full of the holy felicities + of domestic life. Mrs. Garfield was in Elberton, where the + President finally died. The telegram read: 'The President wishes + me to say to you for him, that he has been seriously hurt, how + seriously he cannot say. He is himself in hopes you will come to + him soon. He sends love to you.' + + "The voice of ambition was hushed. The counsel and association + of a statesman was subordinated to the presence and society of + the loving and faithful wife; and how touching has been her + devotion; how grand and noble her fortitude in that trying hour! + Some one has truthfully said that there are but three words of + beauty in the English language, and they are: 'Mother, Home, + Heaven.' All know that the love and affection of our dead + President for his aged mother, who by the cruel shot of the + assassin, will be the chief mourner at the grave of her dear + boy. These are the qualities, more than the brilliant display on + the rostrum, in the forum or before enraptured thousands, that + give the full measure of a noble manhood. This display may + co-exist with selfishness and meanness; love and affection + sanctify the noblest gifts and the loftiest aspirations. + + "No account of Mr. Garfield's character would be full and + complete without a statement of his deep and fervent religious + convictions. + + "No man with his breadth of knowledge, with his complete mastery + of the processes of induction and analysis, and with his + metephysical character of mind, could ever be a disbeliever in + the existence of God and the immortality of man. Hence we find + him a member of a Christian Church and a regular attendant upon + its services. The problem of human origin and human destiny + early engaged his thoughts, and secured his profound + consideration. He _believed_, and endeavored to regulate his + conduct, habits, and life by Divine laws. + + "In conclusion let me say, the hero statesman of this age, and + the loved idol of this nation, has gone down to an honored + grave. He died in the zenith of his reputation and glory, after + a struggle which has held the admiration of the world for his + heroism and manhood. He lived long enough after the fatal shot + to feel the sympathy of the nation, and the deep indignation of + the people, at the manner of his taking-off. He has gone to the + still heights where crime and pain come not. A nation mourns his + loss, and millions of freeman now and hereafter will revere his + virtues and guard his fame. + + "Though dead in the flesh he lives in the spirit, and in the + affections and memory of his countrymen. + + "The principles and lessons he taught are his best legacy to his + country. + + "His memory will never die until time shall be no more. The + tears of a sorrowing people will water the sod that covers the + remains of their loved magistrate; and from every blade of grass + that grows, and from the leaf of every flower that blooms upon + his grave, an avenging spirit shall arise to demand requital for + the damnation of his taking-off. Then at the grave of the great + departed, let us tender anew our vows of fidelity to our country + and to freedom, and consecrate every wish and aspiration of our + hearts to an undivided and free Republic, remembering that + though Presidents may die our country must and shall live + forever. 'God reigns, and the Government, at Washington still + lives.'" + +When I had finished speaking the chairman introduced Rev. George Herbert +Watson, whose address was very sympathetic and scholarly as well as +impressive. The chairman next introduced the Honorable William H. White, +whose address was brief, earnest, patriotic and eloquent. + + + + +Political and Not Party Convictions + + +I have always been of the opinion, and have so declared in public +speeches and newspaper articles, that the true policy of the Pacific +Coast was the division of its area into small States. I will give but a +few of the many reasons for such opinion, for I do not intend to go +elaborately into a statement of them. The time for effective action has +passed. I desire to state only enough to show the trend of my views on +the subject. + +First, then, as to the lower house of Congress. The area of the three +states bordering on the Pacific Ocean--California, Oregon and +Washington--is fully one-half covered by mountains. The sides of these +mountains are to a certain extent covered with a heavy growth of timber +and with practically impassable canyons; their ridges sharp, gravelly +and sterile, with fertile coves and small valleys as yet unoccupied by +either the hunter or the hardy woodsman. Many cycles of years will roll +away before these fertile spots will be occupied with the romantic homes +of these last-named classes. + +The Atlantic Coast in the same number of degrees of latitude, commencing +at the forty-fifth degree on the coast of Maine and proceeding south for +sixteen degrees, is covered to some extent with mountains; but as a +general rule they are low as compared with our ranges. Much of the land +on their slopes is rich and accessible, and all of their fertile slopes, +coves and small valleys have been long since occupied. + +I state these facts to show that in addition to natural causes the +States bordering on the Atlantic in the same number of degrees of north +latitude, as will more fully appear, must continue to have the +dominating power in the lower house of Congress. The three States +bordering on the Pacific Ocean extend over sixteen degrees of north +latitude. Commencing at the 45th degree in Maine and going south sixteen +degrees, thirteen States border on the Atlantic. These thirteen States +have a representation in the lower house of Congress of 103 members; +while the three States bordering on the Pacific have a representation of +fourteen members. Thus it is manifest that for many years to come, and +possibly forever, with a slowly-diminishing power, the Atlantic will +have the control on all subjects of tariff, of finance, of currency and +of immigration; subjects in which the Pacific Coast is deeply +interested, and upon some of which there is not only an actual, but +growing conflict of interests and convictions. Add to this the further +fact that Washington and Oregon extend inland for over four hundred and +fifty miles, and California on an average of two hundred and fifty +miles, and, applying the same rule of inland extension to the Atlantic +Coast, Pennsylvania and West Virginia, with their thirty +Representatives, would be let in and added to the 103; thus giving to +the Atlantic Coast permanent control of all those vital subjects of +legislation, so far at least, as the lower house of Congress is +concerned. It will thus be seen that a fatal mistake has been made in +the political division of the Pacific Coast. I have confined myself +strictly to the Ocean-bordering states. The great Inland Empire, lying +between the Rocky Mountains on the west and the Alleghany Range on the +east, is more intimately and strongly connected by commercial and +financial ties with the Atlantic than with the Pacific Coast. As a +partial compensation for this inevitable want of political power in the +lower house of Congress, it was the true policy, as I have declared, for +the Pacific Coast to divide its immense territorial area into small +States, so as to secure in the United States Senate, an approach to +equality of political power. We have seen that within sixteen degrees of +north latitude on the Atlantic Coast there are thirteen States, +bordering on the ocean, with twenty-six Senators; while on the Pacific +Coast in the same number of degrees of latitude there are but three +States, with only six Senators. California should have been divided into +three States; Oregon, into three States; and Washington into three +States. This would give only nine States in a far greater territorial +area than that contained in the thirteen States bordering on the +Atlantic Ocean. Even then, this would give us only eighteen Senators; +but it would be a nearer approach to equality in political power than +now. + +The question may be asked: Are there no means by which this fatal +mistake may now be remedied? As a lawyer, and being somewhat acquainted +with the history of my country, I am compelled to answer, No. + +On the admission of a State into the Union, there is an implied compact +on the part of the Federal Government to defend such admitted State +against all unlawful invasion of its territory. If there be a dispute +about boundaries, it must be settled in the proper Court, and the final +decree of that Court will be enforced by all the power of the Federal +Government. + +Again, the possession of power is always connected with the desire to +perpetuate it, and also with a sensitive jealousy of all measures +having a tendency to diminish its controlling effectiveness, or to +lessen the value of the units constituting that power. The admission of +every State has, to some extent, this effect; hence the demands are more +exacting, and the admission more difficult, now, than heretofore. + +There has been but one instance in our history where a State has been +divided, and the segregated portion been admitted into the Union as a +State; and that is the case of West Virginia; but that admission was +based on facts and conditions which every patriot hopes may never occur +again. Virginia not only claimed the right peaceably to secede from the +Union but to be the sole and exclusive judge not only of the existence, +but also, of the sufficiency of the causes, to warrant such secession. +She did all she could to make that secession effective. Old Virginia had +by her act, and by her theory of the nature of the Government under the +Constitution, estopped herself to deny that the forty-eight counties +west of the Alleghany Range possessed the same right of secession--if +any such right existed--that she possessed herself; she could therefore +make no rightful objection. The people of the forty-eight counties were +loyal to the Federal Government, and flag. They called a Convention, +adopted a Constitution republican in form which was approved by nearly +unanimous vote of its legal electors--28,321 for and only 572 +against--and under that Constitution, with the name of West Virginia +they were admitted into the Union on December 31st, 1862. This was done +partly as a war measure, and partly to show the disintegrating effect of +the logic of secession. + +The State of Texas requires a brief notice. She was admitted into the +Union as a State on December 29th, 1845. By the prudential foresight of +her statesmen, in a compact entered into between her and the Federal +Government, she reserved the right to form four additional States out of +her large area. She has not as yet exercised that right, but no doubt +will in due time; thus securing ten Senators, while the whole Pacific +Coast, with almost twice her territorial area, has fixed its number +irrevocably at six. + + + + +The Ram's Horn Incident + + +Esau sold his birthright, with all that it implied, for a mess of +pottage. Infant communities, whether territorial or municipal, feeling +the pressure of present want, are always tempted by money-sharks to +mortgage, sell, or surrender, for a mere song, rights and franchises of +a constantly increasing income, and relinquish political power necessary +for a legitimate assertion and protection of their rights in years to +come. A striking exemplification of this short-sightedness appears in +what is said above as to the formation of only three States to cover the +whole Pacific Coast. The supplicant for this birthright, and all its +prospective enormous income, finds his most congenial and hospitable +host in a municipal legislature. He is usually, but not always, +accompanied by the fascinating Miss Graftis. + +There are two cases in our municipal history that I will briefly note as +illustrations of this tendency. In neither, so far as I know and +believe, was there any graft. In both I was to some extent officially +connected; in the Rams-Horn case painfully so; in the Railroad Avenue +case simply as an officer and protestant. Many years ago--the dates are +not important--the Columbia and Puget Sound Railroad Company asked the +City Council of Seattle for the grant of a right-of-way for a railroad +track down and over West Street. This was the historic Ram's-Horn. I and +a few others opposed the grant. The City Council hesitated. Its members +desired the approval of the grant by the people, and especially by the +lot-owners along the street, before they acted. A meeting was called at +the Pavilion to secure, if possible, such approval. The meeting was +fairly attended. Mr. James McNaught, a shrewd and able man and lawyer, +was attorney for the Company. He read the proposed ordinance and +explained its provisions, and then, with a glowing eulogy on the +advantages of a railroad, closed amid the vociferous applause of the +audience. I arose to oppose the grant; but as there was a continuous and +determined cry of "Vote!" "Vote!" "Vote!" "Vote!" I resumed my seat. The +proposed ordinance was approved by about a two-thirds vote of those +present, and the City Council speedily enacted it into law. The Railroad +Company built its road from the south end of the town and laid its track +down to Columbia Street; there it stopped, to await the result of +certain condemnation proceedings. The wearers of the shoe, although +voting for its purchase, soon felt its pinch, and they wanted +compensation for its pain. The Company threatened to go across Columbia +Street. It was stopped by a judicial restraining order. Having been +elected Corporation Counsel, I came into the case a short time before +the hearing on the motion made by the Company for the vacation of this +order. The former legal adviser of the City, and who had commenced the +suit, I asked to continue in the case and to argue the pending motion. +He did so, and made a technical and very ingenious argument against the +validity of the grant. I must confess that I believed the ordinance +valid, and that the objections urged against it were unsound, and I was +fully convinced the Court would so hold. In the mean time Columbia +Street had been graded and macadamized. Its surface was fully eighteen +inches above the railroad track. Being fully informed by a careful +personal inspection, and thorough measurement by experts, of the exact +fact, I proposed to compromise. I first proposed to allow the Company to +cross Columbia Street, but to cross at the existing grade. This would +require a reconstruction of the tracks already finished, and subject the +Company to many suits for damages in case of their change of grade. +Secondly, I agreed to withdraw the pending suit if this proposal was +accepted by the Company. This all took place in open Court, and the +compromise was approved in open Court; the ordinance, at the request of +the Company's attorney, was declared valid by the Court. The compromise +was also approved. + +The next morning, to my astonishment, a large force of men was put at +work by the Company to cut through Columbia Street; basing its action on +the alleged ground that the compromise was null and void because of a +mutual mistake of the facts by the parties. There was no mutual mistake. +I fully knew and understood all of the facts. + +An incipient riot was in progress; but the interference of the police +and the issuance of a restraining order soon put an end to operations. +The newspapers emptied their vials of wrath on me as the principal +sinner. + +An appeal was taken by the Company to the Supreme Court, and that +learned and unimpassioned tribunal affirmed every position taken by me +in the case; it held the ordinance to be valid and the compromise +binding. Thus, ended the somewhat celebrated Ram's-Horn case, and with +it that railroad across Columbia Street. + +On the publication of the decision of the Supreme Court, it was amusing +to see my calumniators retreat to cover; still damning, however, with +faint praise. + + + + +Railroad Avenue + + +There is one more topic of intensified local interest that I will +briefly notice. I am now and always have been opposed, not to Railroad +Avenue, which extends along the water-front of the city, but to the +network of tracks permitted and authorized to be placed thereon. At the +foot of Columbia Street, crossing Railroad Avenue to the west line +thereof, you cross nine railroad tracks, or eighteen lines of slightly +elevated railroad iron. Such are the existing and authorized conditions. +I have always been opposed to those conditions; first, because they are +unusual, unnecessary and dangerous; unusual, because no city can be +named permitting such a nuisance; unnecessary, because one track, or, to +be liberal, two tracks, with spurs to the warehouses on the west and the +wholesale or commission houses on the east, where the conditions permit +it, would be ample, under the control of an intelligent company or +management, for all the purposes of trade and commerce; dangerous, as +experience has shown: the killed and injured on this interlocked system, +intensified by supervening and dense fogs, speak only by groans and +death-knells. I have opposed this network of tracks because instead of +being an aid to travel and commerce, it is an actual obstruction of +them. The idea of doing the commercial business of a million people, or +one-half a million, with the accompanying passenger traffic, across nine +railroad tracks, carries with it a strong implication of the absurd. In +actual operation this implication becomes an irritating reality. The +City Council has recognized the fact and prohibited the closing by any +railroad company of the mouth of any street for over five minutes; but +this is only a partial aleviation, and not the removal of the +obstruction or danger. Railroad No. 1 closes it for four-and-a-half +minutes; Railroad No. 2 closes it for four-and-a-half minutes; No. 3, +for the same length of time. The closing is really continuous. Thus +legally you can stand in the street, endure the slush and rain for at +least twelve minutes to study the beauties of nature and of an +enveloping fog, and enjoy the beneficence of the clouds in dropping +their garnered fatness down. + +The irritation arising from these causes will intensify with the +increase of population and the swelling of the volume of coastwise and +ocean commerce. Let the population of West Seattle reach twenty thousand +or more; let "the mosquito fleet" be doubled and ocean and coastwise +steamers be multiplied, with the consequent enormous, increase of the +volume of business--and the demand for the modification, or entire +abolition, of this irritating nuisance will become imperative. Some of +the railroads have wisely noted the indications of the coming storm and +have tunnelled under the city, deeming it cheaper to pay interest on +permanent tunnel investments, than to pay damages for slaughter and +injury on the avenue. Railroad Avenue is now used, to a great extent, as +a train make-up yard, as a switching-ground and as a depot for loaded +and empty cars. This will be continued with a constantly increasing +exasperation, until the City is compelled to re-purchase at an enormous +expense, that which was granted as a free gift. + + + + +The Great Seattle Fire + + +June 6th, 1889, will ever be a memorable day in the history of +Seattle--that being the day of the Great Fire which, like a besom of +destruction swept out of existence a goodly portion of the embryo city. +Brilliant prospects, and glowing anticipations, evanished like the +rainbow amid the storm of fire. Nearly all the business houses were +reduced to ashes; or, if any portion of their roughly serrated and +toppling walls remained, they were a silent and menancing memento of the +fierce power of the fire-fiend. The fire originated in a paint shop, on +the water front near Madison Street, in the careless upsetting of a +flaming pot of varnish. There was a stiff breeze from the northwest, +constantly accelerated by the ever-increasing heat. The fire, easily +overcoming the heroic efforts of the Volunteer Fire Department, swept +south and southeasterly, crossing Second Avenue at the rear end of the +Boston Block, burning a large frame building immediately south of, and +abutting upon that block; thence, in the same direction southeast nearly +on a straight line, thus taking in the Catholic Church; thence onward to +the Bay, making a space swept by the fire a large triangle, with an area +of from thirty to forty acres. + +The Boston Block was saved through strenuous efforts of its tenants; +long scantling were carried by them into the hall on the second story. +Having raised the windows at the end of the hall, the south end of the +frame building burning first, we succeeded by our united strength in +forcing the unburned portion over into the consuming caldron of fire to +the south. Thus the Boston Block, though somewhat scorched, was saved. + +Jacobs & Jenner had their law offices near the north entrance, and +during the progress of the fire many persons whose residences or places +of business were along its actual or threatened track, presuming on our +generosity and permission, brought armloads of portable valuables, +snatched by them from the very teeth of the fire, and in an excited +manner, placed them against one of the walls in the offices. So doing, +they rushed out in the hope of reaching their residences or places of +business again; but the surrounding wall of fire, with its intense heat, +forbade. Some of them soon returned and dropped into seats, and their +countenances were the pictures of sadness, sorrow and despair. I said to +one, a noble specimen of physical manhood and latent energy: "Sir, your +actions are unmanly; hope, even in your case, has not bidden the world +farewell; cheer up, sir--just before dawn the darkness is the deepest." +Within a year from that time my admonished friend was worth far more +than he was before the fire; and he often reminded me of my rebuke, as +he called it. + +Being satisfied that the offices, papers, library and furniture were +safe, I locked the doors and went up to my residence on Fourth Avenue, +where I had a commanding view of the progress of the fire. + +The view was grand but terrible--sublime but cruel. I never before was +so impressed with the idea of annihilation, as I was in viewing that +rolling, rushing, leaping and devouring volume or field of fire. In +other days I had witnessed miles of fire, impelled by a fierce wind +rushing over a prairie covered with tall and dry grass; but it only +stirred within me the emotions of beauty, grandeur, and sublimity; there +was nothing in it of terror or desolation, nothing of the wrecking of +brilliant prospects, nothing of blighted hopes, nor of gloomy +disappointment intensifying into despair. Ever and anon, as the rushing +waves of the Seattle fire would roll over and envelope a drug or other +store where powder or other explosives were kept, a volume of flame +would shoot upward, with a deafening roar, towards the clouds, as though +claiming the storm-king as its kinsman. + +To the owners of lots in the burned district the fire was a blessing in +disguise. To them there was a smiling face behind a seemingly frowning +Providence. Even if they were the owners of the frail wooden structure +that had encumbered their lots, the structures added nothing to the +value; and the rapid and unprecedented increase in the value of their +holdings amply compensated for any losses by the fire. The real loosers +were the renters of shops, stores or saloons, where goods, tools, +materials and machinery were destroyed by the intense heat, or went up +wholly in flames. + +But a few families lived in the zone of the fire. As to them, many kind +hands soon removed their household goods beyond the danger-line. + +The district swept by the fire was the local habitation of the fallen +angels, hoboes, and gamblers, and of that large class whose particular +mode of subsistence is, and always has been, an unsolved mystery. The +fallen angels and the upper class of gamblers could take care of +themselves. The hoboes and the class of mysterious subsistence-men were +afloat and hungry. Besides these, there were a large number of worthy +and needy persons whom it is always a pleasure for the good to help; +hence, a free-lunch house was opened in the Armory. There is always in a +free-lunch a fascination that tends to increase the number of applicants +therefor. This general law had no exception here. This led to a +stringent examination of the right of all who appeared to partake of the +generous bounty offered to the worthy and needy. This careful and +necessary scrutiny soon led to a stoppage of the free-lunch business. +The worthy in many cases needlessly took offense, and the baser order of +fellows were loud in their denunciation of the alleged selfishness of +the generous purveyors. The people of Tacoma promptly and nobly rushed +to the assistance of Seattle, with provisions and personal services. The +leading men of that city poured out their means lavishly and served as +waiters at the tents erected for the feeding of the multitude. + +Business soon revived with an enthusiastic rebound. The town was +scorched, not killed. It had passed through an ordeal of fire and was +found to be not wanting in true metal. Work was furnished for all +desiring it. The hoboes departed, and with them most of the +mysterious-subsistence men. The burned district has been rebuilt with +stately blocks of brick, or stone, or steel and cement, and its streets +and sidewalks have been paved with brick, stone or asphalt. Not a smell +of fire nor sight of wooden structure remains in this once ash-covered +and desolate district. + + + + +Game, Animals and Hunting + + +With something of a reputation of a hunter, I have often been requested +by Eastern, as well as local sportsmen, to give an enumeration and +description of the game and wild animals in this State and in Oregon. I +shall confine myself exclusively to this State. I have heretofore +written a description and given an enumeration of the game and other +wild animals in both States, but I have neither the manuscript, nor the +newspaper which printed it. In again attempting an enumeration and +description, I shall add some of my personal experiences, as well as +those of others. + +There were no quail native to Washington or to Oregon, except the +southern portion thereof--save the mountain quail, a lonely solitary +bird, of about twice the size of the bob-white. Its habitat is the dense +copse or thicket. I have never seen them in flocks or groups, save when +the mother was raising her large family of young birds. When no longer +needing the mother's care, they pair off, and the young birds, or family +separate. + +They are very alert; they are great runners, but do not, unless hotly +pursued, often take to wing. When they do, they are swift flyers and +dart through the narrow openings in the tangled thicket with remarkable +celerity. The male bird is proud and rather aristocratic in his bearing, +and flourishes on his head a beautiful top-knot. I have bagged quite a +number of them, but have nearly always shot them on the run and not on +the wing. They are not numerous. Their flesh is delicate. + +The California quail was brought into Washington at least fifty years or +more ago. Three of us--James Montgomery, Judge Wingard and myself--in +the fall of 1872 brought from Pennsylvania sixteen pairs of bob-whites, +which were turned loose on Whidby Island. This was, so far as I know, +the first and last importation of the bob-white to Washington. When +turned loose on Whidby Island, they gave every indication of pleasure in +being upon Mother Earth again. They ran about, jumped up in to the air, +scratched the earth and wallowed in the dirt, and had to all appearances +a play-spell, full of joy. They mixed readily with their California +congeres; they have spread over Western Washington, and are quite +numerous. + +The pheasant, or ruffed grouse, are natives of Washington. They were +very abundant in early days, but are fast disappearing. Being a bird +easily bagged, and the flesh being of delicate flavor, they are fast +vanishing before the advance of the settlements. The game laws may +arrest their slaughter and prevent their complete annihilation; but I +doubt it. The crab-apple, on which they principally feed, abounded in +all the valleys and in the moist and rich uplands. The ground where the +crab-apple tree flourished has been cleared and a portion of their food +supply has been cut off. The repeating shotgun is also helping to reduce +their number; and unless the game-laws are rigorously enforced, these +causes will soon sound their doom. Right here I am tempted to state that +the crab-apple of this country is entirely different in form and size +from the same fruit in the East. Here, it is not round but elongated, +and is about as large as a good-sized bean. + +The woodcock is not an inhabitant of this State. The rail is rarely +seen; but the jacksnipe is very plentiful in the late fall and up to +mid-winter, when the great majority of them depart for warmer marshes. +They do not breed here. This bird, in its quick and upward bound and its +swift zigzag flights, is a recognized test of the sportsman's skill. +Snipes are often bagged here, but not in the romantic way. Snipe on hot +toast is a breakfast dish fit for a king. + +I had a sporting friend--a doctor--with whom I often went +snipe-shooting. This doctor was the best snipe-shot I have ever known. +His bag was always packed, while mine was comparatively lean. On one of +these occasions our trip was to a tide-marsh and island south of +Seattle. Early in the hunt we crossed a slough when the tide was out and +found the birds very numerous on the new hunting-ground. The doctor +brought them down right and left, while I was slowly increasing the +fatness of my pouch. The doctor's success and consequent enthusiasm made +him oblivious of the flight of time and of the movement of the tide. He +had patients to visit, and when the sun was disappearing behind the +western clouds and hills, he suddenly remembered his obligations to +them. When on our return we came to the slough, we found it full and +overflowing; the water was fully eight feet in depth and twenty feet or +more in width. There was a good deal of floating debris in the slough, +and the doctor, being a very agile man, leaped from log to log and +safely made the passage to the other shore. He said to me, "Come on, +Judge; you can easily make it." I told him that I had never prided +myself on my agility. "Well," he said, "I will make a bridge for you;" +and with the use of a pole he gathered the floating logs together, so +that in appearance they looked like a safe bridge. But I said to him, +"Doctor, I have all the confidence in the world in you as a physician; +but you will excuse me,--I have no confidence whatever in you as a +bridge-builder." He said with a little impatience, "O, quit your +nonsense and come over; I will show you that the bridge is perfectly +safe;" so saying, he leaped upon it and disappeared in the water. He +soon re-appeared, however; and as he crawled up the slimy bank, the +water spouting out of him in every direction, I said: "Doctor, you look +very undignified." He answered, "You go to ----," politely called Hades. +I went down the slough, thinking he might be slightly out of temper, and +found a safe crossing. I rowed him home--issuing an occasional mandate +that he should take a certain medicine, of which I carried in my +breast-pocket, a bottle for such occasions. The good doctor has gone to +his long home. He sleeps in the bosom of his fathers and his God. + +Of the duck family the following species are abundant here: the teal, +the mallard, widgeon, pintail, canvasback, spoonbill, sawbill and +woodduck. The three last-named species breed in this country, but +migrate early in the fall. Formerly the mallard and teal bred here in +large numbers on the tide flats and on the marshes along the creeks and +rivers; but the advancement of the settler and the trapper, and the +hunter with his repeating rifle, has driven them from their accustomed +love-haunts, to the more secluded fens and marshes of the farther north. +Birds as well as humans are sensitive to disturbance in their +love-affairs. The canvasback is a late and temporary visitant of our +lakes, marshes, and tide flats, on his journey to the south. He remains +for a time on that journey, and for a far shorter time on his return +north. The impulse of love impels him to the secluded fens and marshes +of the northland. The other species visit us in early winter, and are +mostly gone by mid-winter. Their stay is very brief on their return in +the spring. + +In 1869, and prior to that date, brants and wild geese--or honkers--were +very plentiful in the Puget Sound basin. The tide flats were their +favorite feeding-ground. They have been compelled by the advance of the +settlements to abandon them, and in lieu thereof, they have chosen the +wheat-fields in Eastern Washington. There has been no seeming diminution +in number of either brant or geese--simply a change in their feeding +grounds. + +The lonely cry of the loon, presaging storm or tempest, is heard from +the forest-environed lakes and waters of the Sound. + +The swan occasionally drops into our secluded lakes, and there alone, or +with his mate, remains, if the environments suit him and food is plenty. + +The pigeon is not numerous in Western nor, as I am informed, in Eastern +Washington. He is slightly larger and wilder than his congere of the +States. He is also of a deeper blue than his Eastern kinsman. He is only +semi-gregarious. I have never seen him in large flocks or in great +numbers together. He is not hunted much and is not valued as a choice +game-bird. + +The prairie-hen, or chicken, is not a native of and does not exist in +Western Washington. This excellent game-bird is very numerous, or was in +years agone, along the rivers and creeks in the valleys and on the +rolling uplands of the great Columbia River basin. The incoming of the +white man, with his trained dogs and with his breech-loading and +repeating shotgun, has greatly diminished its numbers. Its +unacquaintance with the white man and his terrible instruments of +destruction made the bird an easy prey to the hunter. It was familiar to +the Indian, and presumably gauging fairly his destructive power, +constantly increased in number. The felon coyote was a far more +dangerous enemy, being a robber of its nest and devourer of its young. +The bird is slightly smaller and of lighter color than his Eastern +congere. These birds are much prized by the epicure for the rich +delicacy of their flesh. + +Corresponding in number but larger in size is the blue grouse, of the +fir and cedar forests of Western Washington. I hardly know how to +describe this bird--one of the finest of game-birds. His habitat in the +winter or rainy season is the dark, gloomy, and thick forests of fir and +cedar trees. There he dwells, possibly with his chosen mate, silently +and noiselessly, and in a state of semi-hibernation, until the genial +warmth of spring arouses his love, and he and his mate descend to the +sunny lowlands or ridges for the rearing of their numerous family. After +they have found a suitable or familiar location, the male selects some +fir or cedar tree, or clump of fir or cedar trees, in the vicinage, and +during the nesting season keeps up a continual love-call to notify his +presence, or by his silence or flight to warn her of threatened danger. +When the bevy of beauties are fully hatched, the male descends from his +eminence and spends his time in assisting care and watchfulness. Perched +on some tall tree in their immediate vicinity, he by calls warns his +mate of approaching danger, and by the direction of his flight indicates +a place of safety. His mate and the youngsters soon follow, if able to +fly; if not, they remain under the care of the mother, deftly hidden +under the leaves or grass; after which, she often flies away by short +flights with simulated disabled indications, to invite pursuit; and thus +save her young. When the young are fully grown and strong of wing they +all depart for the deep woods, and no more is seen or heard of them +until the coming spring. Until the young are fully grown and the time of +their departure has arrived, they are often found in large bevies or +flocks; but when that time, late in the fall, has arrived, they silently +depart for their winter home. + +Killed in early spring, their flesh is so strongly tinctured with the +flavor of the buds of the fir and cedar, their winter food, as to be +unpalatable to most persons; but if killed in the fall, after a summer's +diet of insects, seeds, grain and berries, their flesh is of a delicious +flavor and greatly relished. This excellent game-bird, though decreasing +in number from the general causes already stated, will, on account of +its mode of existence, long escape the doom of annihilation. + +The sand-hill crane rarely visits Western Washington. He is more +frequently seen in the Eastern half of the State. + +There remains but one other game-bird for notice, and that is the +sage-hen of the sage-covered valleys and plains of Eastern Washington. +This bird does not exist west of the Cascade Mountains. It is +anti-gregarious, save as in the consorting cares of a numerous family. +When the young arrive at full growth they pair off and separate, and the +family relations are no longer recognized. If the males are less +numerous than the females, polygamy is allowed. This is a law, however, +that runs through many of the bird families. The cock is a bird midway +in size between the common domestic fowl and the turkey, and has long +legs. He is a good runner. He rarely takes to the wing, and then only +when hard pressed. His flight is low but swift, and he soon drops to the +ground and speeds away on his legs to a place of safety. His food in +winter consists of leaves and buds of the sagebrush; and when killed in +the early spring his meat is too strongly impregnated with the rather +acrid and unpalatable flavor of the sage, to be relished; but if bagged +in the fall, after a summer's feeding on insects, seeds and grain, his +flesh is savory and delicious. + +I ought possibly, to make a brief statement, as to the Mongolian +pheasant, and the Chinese rice quail--both of which, in limited numbers +have been brought to Western Washington and turned loose here. Their +increase has not been as great as anticipated. In Oregon however, the +increase of the Mongolian pheasant has been phenominal. It abounds every +where in the great Willamette Valley. It seems to love an alternation of +grain fields and contiguous chaparral cover. It is emphatically a seed +feeder or graniverous bird. The female, with the nursing assistance of +the male, usually raises two large broods per year. This accounts for +its great and rapid increase under favorable conditions. In size this +bird is slightly larger than the prairie chicken--has long legs--is a +rapid runner--and when it takes to wing is a low and rapid flyer. + +In Western Washington the limited number of grain fields and the absence +of contiguous open ground--seems to be unfavorable to their rapid +increase. Still in the cultivated valleys where these conditions exist, +they are fact increasing in numbers despite the fact that they are an +easy prey to the pot hunter. + +Of the China rice quail, I know accurately, but little. There were for a +time a few flocks of these birds in the vicinity of Seattle; but they +have almost entirely disappeared. Whether such disappearance is +attributable to the lack of food or to the persistent activity of the +trap hunter I am not able to say. They preserve their family or flock +relations until late in the spring, and hence the bevy may be swept out +of existence by one successful fall of the trap. From my observation and +limited study of their habits, I would say that they were chaparral, or +tulie birds, with their choice habitat near human habitations. In size +they are slightly smaller than the bob-white and their flesh is +delicious. + +Washington is emphatically a game country. The hunter may here realize +his fondest hopes. The elk, mountain sheep or goat, deer, bear--black, +brown and cinnamon--cougar, lynx, wild-cat, in their native and +congenial habitat--I would not forget the wolf--can always be found. I +propose to notice each class briefly in its order. + +First, then of the Elk. The mountains, with their barren ridges, their +wooded slopes and sunlit coves of peavine, clover and nutritious +grasses, as well as the dark forests of the foothills, are their +congenial habitat. Rarely are they found in the lowlands, and then only +when they are forced from their mountain-home by the deepening snow. +They have been styled the antlered monarchs of the forests, and this +description is not inapt. If suddenly, within short range you startle +from their secluded sylvan couch a band of forty, fifty or more of these +antlered monarchs, with horns erect and every eye turned upon you as an +enemy, you are deeply impressed with the majesty of their bearing. +Soon, in obedience to the danger-call of certain warning whistles, they +speedily form into line under some veteran and well-recognized-leader, +and speed away in single-file for miles, over a country impassable to +the hunter, before a halt is called. The hunter who does not improve his +chance effectively when the game is started from its couch has lost his +opportunity, perhaps forever. + +This noble game seems to love the Coast Range of mountains, and there +exists in large herds and numbers. This is especially true of the +Olympic Range. If this kingly game-animal is to be saved from utter +annihilation, stringent laws must not only be enacted for his protection +and preservation, but must also be vigorously enforced. + +Heretofore, they have been slaughtered in large numbers for their hides, +their horns and their teeth; while their carcasses have been left where +the life-struggle ended, to be devoured by the wolf, cougar, lynx or +wild-cat. + +While the mountains bordering on the Ocean seem to be preferred by this +antlered monarch, yet he may be found in considerable numbers on the +Cascade Range, especially on its timber-slope and in the dense forests +on its foothills. + +I have killed quite a number of these noble animals, but never, under +any circumstances, where I could not make uses of the carcass. I never +had, or experienced any joy arising from the mere love of slaughter. +With gun in hand, with hunter's blood in your veins, and noble game +within easy range, it requires a high degree of moral courage to refuse +to manipulate the trigger of your trusty rifle. With carniverous, or +dangerous animals it is different; slaughter becomes a virtue and not a +vice. + +The habitat of the mountain sheep, or goat is on and around the barren +peaks and ranges of the higher formation of mountains. He is a wary +animal, hard to approach and difficult of shot. He is always so located +that a single bound puts him out of sight. If perchance, you could make +an effective shot as he leaps from narrow bench, to narrow bench, down +the rocky and steep side of the mountain, of what use would he be to +you? + +I have succeeded in killing but one. I have hunted the mountain +districts where they are plentiful, and I had determined to kill one if +possible. I hunted slowly, cautiously and stealthily. I frequently +caught sight of them leaping down the mountain side. At last I aroused +one from his couch and shot him on his first jump. He rolled down the +mountain-side a short distance, but with some difficulty I dragged him +to the top of the ridge. His meat was sweet, juicy and delicious, +greatly relished by all the party. I had, had glory enough, and never +specially hunted them again. + +The black, brown and cinnamon bear are natives of Washington, and their +numbers are in the order given. A bear is a semi-carniverous animal; he +lives on fish, berries, succulent and saccharine roots, larva, honey, +and is especially found of pork. He appeases his appetite for fish by a +nocturnal visitation of the rivers in which the salmon run, especially +in the salmon season; he roams through the woods in the berry season and +feeds on the toothsome food present in the forest. He unearths the +yellow-jacket's scanty storehouse of honey, and consumes it and the +larvae of the nest; he invades the farmer's domain and carries off some +of his most promising porkers. The habitat of the brown, and cinnamon +bear is the mountains and their foothills. They are not often seen +unless you invade their solitary domain. I am not prepared to say what +is their principal food, but suppose it to be the same as their kinsman +the black bear. + +The cougar is a native of this State and can be found where dense +thickets and dark forests exist. He is a sly, skulking and treacherous +animal, mostly nocturnal in his destructive visitations. I have often +gone on a brief hunting-trip into the foothills of the mountains when +they were slightly covered with snow, and a dense fog would settle down, +obscuring all landmarks; but, in obedience to a safe rule, have retraced +my steps to the foot of the hills on my return home. On several of these +occasions I have found that a cougar had come upon my trail shortly +after I had entered the hills, and had stealthily and continuously +followed me up to within seven, or eight rods of the point of my return. +When I commenced my return, he, no doubt, leaped off into the covering +brush, and, although sharply looked for by me, the dense fog and the +thick brush hid him from my view. + +The cougar is strictly a carniverous animal. His principal food is the +deer; and it is said that he requires two a month for his subsistence. +That he is a good feeder is evident from the fact that he is always +sleek and in excellent condition. He has a great love for the meat of +the colt, and is consequently a terror to breeders in that line. He is +not a hater of veal or pork, but does not prefer the latter. + +He is generally considered a dangerous animal, and numerous are the +stories told of fortunate escapes from his ferocity. Many of these +stories have no foundation other than the surrounding darkness, the +rustling of the leaves, or the twigs by the wind, and a lively +imagination. While some of these narrations have an element of truth in +them, they are generally greatly exaggerated. But let me be understood +that when he is pressed by hunger and famished for want of food, I do +consider the cougar a dangerous animal. Few, however, are the reliable +accounts of his attacks on the lonely traveler in the woods, even under +such conditions. Two instances have occurred since my residence in the +Puget Sound Basin, which, from my acquaintance with the parties, I am +willing to vouch for. A friend temporarily stopping at Mukilteo desired +to go to Snohomish City, a distance on an air-line of about six miles; +there were two routes--one, by steamer or canoe, of full twice that +distance; the other by trail almost directly through a dense forest. +Being an expert woodsman, he chose the latter route. He was unarmed, and +had not even a pocket knife. He spoke of his defenseless condition on +the eve of his departure, but he feared no danger. He had proceeded +about a mile-and-a-half on his journey when, in a dense fir and cedar +forest, he met a cougar in the trail. The animal commenced stealthily to +crawl towards him after the manner of the cat approaching his prey, +purring as he came. My friend made a loud outcry, but this did not +interrupt the cougar's slow and stealthy approach. It would have been +more than useless to run--so he braced himself for the final spring. +When the animal came near he stood sideways to the brute; and when the +cougar made a spring, he presented his left arm and the cougar seized it +midway between the wrist and the elbow, and pushed him hard to throw him +off his feet, but failed. Being a strong and muscular man, and his +right arm being free, he struck the cougar on the nose, a hard blow with +his clenched fist. The cougar, however, kept his hold. Summoning up all +his energy, he struck the second blow on the nose of his enemy, and +while it drew blood the cougar still held on. Satisfied of the +insufficiency of such a mode of defense, and casting his eyes about him, +he saw a portion of a cedar limb standing upright in the brush several +feet from him--the limb being about two inches in diameter and three +feet in length--and he suffered the cougar to push him in the direction +of the limb. Having obtained it, he struck the cougar a powerful blow +across his face, and, although the cougar winced some, the effect was +for the animal to sink his teeth deeper into the imprisoned arm. My +friend concentrated all of his energy and struck a second blow with his +club. This blow was temporarily stunning and effective. The cougar +released his hold on the bleeding arm and, dazed somewhat, disappeared +in the surrounding forest. My friend retraced his steps to Mukilteo, now +a suburb of the busy and prosperous City of Everett. + +One more instance: A gentleman of the name of Cartwright was in former +years an extensive logger on the Snohomish River in the Puget Sound +basin. At the time of the occurrence I am about to relate, he had a +large logging camp about three miles above Snohomish City. There had +been a deep fall of snow, and he left his home and went to the +logging-camp to see how the operation was affected by the unusual snow. +On his return late in the afternoon, he met a large cougar in the +snow-beaten trail. The cougar slowly approached him in the manner +described in the first instance. Mr. Cartwright was wholly unarmed; he +tried to alarm the cougar by a wild outcry, but to no purpose, so far +as the cougar was concerned. Some sixty rods away there was a bachelor's +cabin. The bachelor had three fierce dogs and they promptly answered Mr. +Cartwright's signal of danger; and their master, being at home, urged +them to the rescue. When their welcome bay approached, the cougar ceased +his purring, stood up, and soon leaped off into the dark forest and +disappeared, very much to Mr. Cartwright's relief. He presently reached +the river, unmoored his boat, and with the aid of a strong current soon +reached his home. + + + + +An Experience of My Own + + +In the summer of 1855, I accompanied a hunting and fishing party, high +up into the Cascade Mountains. Our route was along the Santiam River, +and we made our final camp, at the west end of a narrow prairie, that +stretched along for over a mile at the foot of the mountain ridge, on +the south side of the river--a short distance beyond, was the highest +table land, or dividing plateau of the mountains. The fishing was +excellent--the hunting--it being the month of August, was indifferent; +because the black-tailed buck at that season was lying in some sunny +spot on the mountain side near water and grass--hardening his horns. + +My companions in wandering or climbing along the brush covered sides of +the mountains, had several times started a large buck who passed down +the sides of the mountains by, to him, a well known but secret trail, +and crossed the head of the narrow prairie, and then dashed through the +thick brush by an accustomed trail to the river below. The space between +this prairie and the river, was a succession of descending benches. +These benches had before this time been covered with a very thick growth +of fir. When this fir had reached the height of eight or ten feet, a +fire ran through, and killed nearly all of it, and another growth of fir +had sprung up, making the descent to the river an almost impassable +tangled mass. As we were out of venison, it was proposed that I take +two rifles and go to the head of this narrow prairie, while my +companions should go up on the mountain side, and by the making of a +great deal of noise, start this buck from his sylvan retreat, and when +he came down the mountain and crossed the upper end of the prairie, I +should improve the opportunity to kill him. The plan worked admirably. +He came through the thick brush on the mountain side, and dashed across +the prairie. When he was nearly opposite to me, I fired at him with my +own rifle, but struck him a little too far back. Before I could get the +second rifle in my hands, he was in the brush and out of sight. I +reloaded my own rifle, and went to the spot where he was when I fired, +and I found that he was shot through the lungs, because the blood came +out in sprays; and as it came out on both sides the bullet had +evidently, passed through him. I followed him up slowly, by crawling +through the brush--sometimes on my hands and knees, and at other times, +after the manner of a serpent. He stopped frequently. When he did, he +left a small pool of blood. My judgment was that the bullet struck him +while he was stretched out, and that the skin closed at time over the +mouth of the wound; and that he was bleeding internally--I concluded +that as soon as he attempted to go down a steep incline, the blood would +rush forward and smother him. + +I approached a gully or deep ravine, which he must cross, and I +carefully kept a big ash tree, that stood on the rim of the gully, +between me and the gully. When I arrived at the tree I stealthily looked +down into the gully and saw the buck in a small open space, and also a +large cougar, standing along his back intently looking at him in the +face. I muffled the cock of my rifle, and soon sent a bullet through +the cougar's head. He fell beside the dead buck. Disregarding the safe +rule of the hunter, without loading my rifle, I slipped down the steep +incline and with the breech of my rifle I straightened out his tail, and +was just in the act of pacing to ascertain his length from the tip of +his tail to the end of the nose, for that is the hunter's rule for +determining the size. Just as I was in the act of doing this, a small +quantity of fine white bark fell on me and all around me, I looked up +and on a large limb of the ash tree, nearly directly over my head, I saw +a female cougar. Her hair was raised up, her back bowed, and her tail +rolling. She was crouched for a spring. I kept my eyes upon her, raised +my powder-horn to my mouth and pulled out the stopper with my +teeth--then felt for the muzzle of the gun and poured until I thought I +had powder enough, and soon after found that I did have plenty. I then +took a bullet out of my pouch and rammed it down without a +patch--dropped the ramrod to the ground and put a cap on the nipple. +Then I gently raised the gun towards her, and she showing a good deal of +agitation, drew herself up into a menacing attitude as prepared to +spring--but I quickly fired and she came from the limb seemingly leaping +as though she had not been struck at all. I jumped back a few feet, but +her nose brushed me as she was descending to the ground. She fell dead +at my feet. I had my hunting-knife in my hand ready to plunge it into +her if she moved--but the bullet had done its work effectually. + +I have always been of the opinion that I shot her just as she was in the +act of making a leap upon me. I loaded my rifle and then crawled to the +top of the gully, and my companions soon joined me. I rehearsed my +adventure to them, and after so doing, one of them went for a pack-mule, +while the others sought out a passable route through the brush to the +prairie. The mule protested against his load, but blind-folding allayed +his fears. + + + + +A Battle Rarely Seen + + +Late in the fall of 1867, I accompanied the Hon. P. P. Prim, who was +District Judge for Jackson and Josephine Counties, Oregon, from +Jacksonville to Kerbyville--the county seat of Josephine County--to +attend a term of court to be held at Kerbyville in the last named +county. The Honorable James D. Fay, and also other lawyers accompanied +the Judge to Josephine court. There had been high water and sweeping +floods which had rendered the crossing of the Applegate River on the +bridge, which was located about two miles above the Applegate's junction +with Rogue River, dangerous and impassable. So as we were making the +journey on horse back, we crossed Applegate about twenty miles above the +bridge and pursued our journey along and over the foothills on the left +bank of the river, intending to stop at a hotel on Slate Creek on the +left bank of the Applegate, and on the north bank of said creek about +two miles from said hotel. Passing across the mouth of a cove in the +hills, we heard to our left a noise, and looking in that direction, we +saw a female cougar and a mealy-nosed brown bear engaged in a bloody +battle. We stopped and watched the fight for about half an hour. The +battle ground was on a gentley sloping grass-covered side hill. The bear +persistently kept the upper side. The cougar kept in front of him. The +cougar was forcing the fighting. The battle proceeded with almost +regular rounds. The cougar paced back and forth in front of the bear +for a few moments; the bear intently watching her movements, when she +would make a spring; the contact was furious. Sometimes they would seize +each other with the jaw-hold, and to our astonishment the cougar was +more than a match for the bear in this hold, and the bear made every +effort to break it--throwing himself upon the ground, and digging +furiously into the cougar with the claws of his hind legs. By these +means he would speedily break the jaw-hold of the cougar. The hold +having been broken, and the combatants having separated, the cougar +would pace back and forth in front of the bear for a few moments and +then leap upon him again. Sometimes the bear would hug the cougar +closely, and use the claws of his hind feet with terrific effect. Thus +the fight proceeded. Both were covered with blood. The bear would +quietly sit during the intermissions in the fight. As the day was fast +waining, we left them still fighting, determining that we would go to +Slate creek--cross it--get some rifles from our host, and then +return; but when we came to Slate creek, we found it a raging +torrent--overflowing its banks, and spreading out over its narrow +valley. Our host, anticipating our coming, had selected a place for our +crossing of the creek. We had to swim our horses across the dangerous +current for some twenty or twenty-five feet, and although we +successfully made it, yet we were thoroughly wet. Although our host +having hunter's blood in his veins, was anxious to go to the scene of +the conflict, yet we so dreaded the crossing and re-crossing of Slate +creek that we denied ourselves the pleasure. + +On our return about a week afterwards two of us stopped over at our +friend's, and went with our host out to the battle ground; but we found +no trace of either combatant. + +On my return to Jacksonville I wrote up and published an account of the +battle--it was signed by all who witnessed the fight--but I have not the +manuscript nor its copy. + +We all had our opinions of the cause of the conflict. The prevailing +opinion was that the bear had been interfering with the young of the +cougar. + +The lynx, and wildcat may be briefly noted. They are both nocturnal +marauders. They are rarely seen in the daytime. Either of them located +in a dense copse near the ranch or farm, with a forest-reach beyond, is +a pestiferous nuisance which must be abated with a gun, dog, or trap, +before either lamb, pig, or chicken is safe. I do not believe in +poisoning. It is cowardly and dangerous. + +The wildcat is an intractable and untamable animal. His ferocity is +never softened under the influence of kindly treatment. He is the +concentrated embodiment of spite and viciousness. Chained, it is always +dangerous to get within the inner circle of the metallic tether. He is +the pest of the deer-hunter. There is no mode of hanging up your game, +if you leave it in the woods over night, which is safe from the thieving +of this ever-hungry marauder. + +On two occasions, I have found him seated on the hams or saddle of my +suspended venison, and I have shot him. On the last occasion, I did not +kill but severely wound him. I approached him. He was fiercely on the +warpath and tried to get to me. I put a bullet through his brain and +ended his warlike career. + +Two species of wolves are natives of Washington--the everywhere present +coyote, and the large dark-gray wolf of the mountains. The coyote does +not in any considerable numbers visit the Puget Sound basin, or +tributary country west of the Cascade Mountains. His choice habitat is +the sage-brush plain, and the grassy undulations of the great Columbia +River basin. The mountains and their rough and sunless canyons are the +habitat of the large dark-gray wolf. He also loves the depressions in +the high mountain ranges where there exists usually an alternation of +marsh and thick forest. His dismal howl may nearly always be heard amid +the solemn stillness of these places. It was and still is dangerous to +tether or hobble your horse in such a place, as the early immigrants +learned to their sorrow. Many a fine animal was hamstrung or seriously +wounded. Large packs of these wolves often follow the deer, their usual +prey, to the foothills and outlying settlements. While the wolf in this +country is not considered an animal dangerous to man, yet, when driven +from his mountain home by hunger, and he assembles in packs in the +foothills and low grounds, he may be and probably is dangerous. An +experienced hunting friend of mine of the name of Taylor lived on a +ranch, in the early pioneer days, about a mile south of the now busy and +prosperous town of North Bend, in King County. This small but fertile +valley in which his pioneer home was located, lay near the base of the +foothills of the Cascade Mountains. It was his custom, after a light +fall of snow, with his trusty rifle in hand, to mount his favorite +riding horse, and, with a pack animal at his side, to go to the timber +skirting a prairie adjacent to the foothills, to kill from one to three +fat bucks, and to return the same day. On one of these occasions, +carefully hunting three or four hours for game, he found no deer, but +saw plenty of wolf tracks. He concluded that there had been an invasion +of his hunting ground by mountain wolves, and a departure of the deer +for safer feeding grounds. He immediately commenced his return to the +trail where his horses were tied. Soon, however, he heard the patter of +feet and saw a slight movement in the brush on every side of him. A +closer observation showed that he was encircled, by from fifteen to +twenty mountain wolves. Although a man of nerve, he confessed that he +was somewhat alarmed. His situation was a novel one to him. He had a +muzzle loading rifle, as he had always refused to adopt the repeating +rifle because of its alleged want of accuracy. As the wolves were slowly +contracting the circle surrounding him, he concluded to tree. He did so, +taking his rifle up with him. The wolves formed a circle about the tree +and, sitting or slowly moving about, looked intently at him as if in +expectation of their coming feast. Solemnly contemplating the situation, +and its possible dire results, he concluded to try the effect of a shot +upon this hungry pack. Quickly suiting the action to the resolve, he +sent a bullet crashing through the brain of one of the larger ones. The +animal leaped into the air and fell dead. Its companions rushed upon it +and fiercely tore its body to pieces. Finding that his first shot was +ineffective for rescue and quickly deciding on a theory different from +that which prompted the first shot, he sent a bullet into the abdomen, +of one of the sitting and waiting animals. This always produces a +stinging, writhing and painful wound. The animal struck, leaped into the +air, wheeled around several times, and then, with a dismal and alarming +howl, started off, his companions with him, on that "long gallop that +can tire the hound's deep hate and the hunter's fire." My friend, thus +fortunately relieved from his imprisonment, quickly descended from his +perch and hastened with anxious steps to his horses--and then to his +home. + +The most valuable and useful of all the game family to man, and +especially to the pioneer, was and is the deer. Without venison the +table of the pioneer would be lacking in one of life's choicest and most +sustaining food. Of beef, pork and mutton, in any of their various +forms, he had none. The rifle was his purveyor; a table furnished with +delicious venison, the realization. + +Deer are everywhere to be found in this State, and especially in the +wooded country west of the dividing-ridge of the Cascade Mountains. +While he likes open ridges and sunny coves as a roaming or +feeding-ground, a dense thicket or sylvan bower is the deer's dormitory. + +I can say, without a breach of modesty, that I have been a great +deer-hunter. I have found him in larger numbers on the islands of the +Sound, than elsewhere. On one of these islands, Whidby, I found quite a +number of pure white, and also spotted or, to use the popular +expression, calico deer. Before this I had doubted somewhat the +existance of the pure white deer; but while hunting on that island I +came in view of a large five-pronged white buck, a spotted doe--his +seeming companion--and two calico fawns. I saw them from ambush, and my +first impression was to shoot the buck; but I hesitated, and finally +concluded not to do it. After observing them for some time, I alarmed +them and they disappeared in the contiguous woods. After their +departure, I went to the ranch of a pioneer-friend, and I found that he +had in a small park a pure white buck and five does--some spotted, and +others of the ordinary color. I learned from him that the progeny of the +buck in a great majority of cases was of the usual color--sometimes +calico, but rarely pure white. I tried to purchase the only pure white +fawn--offering fifty dollars for it--but he refused. + +Deer were so plentiful in pioneer days, especially on the islands of the +Sound, that the pioneer had to fence against them. These fences were +from ten to twelve feet in height, and, as one expressed it, made +water-tight. The deer is very fond of growing oats, of potatoes, which +he readily digs with his sharp hoofs, of cabbage and lettuce, and other +products of the field and garden. + +The cougar, the wolf and the lynx, the natural enemies and destroyers of +the deer for food, do not exist on the islands; hence their large and, +if left to natural causes, their constantly increasing numbers. + +The deer on the islands of the Sound, as a general rule, are smaller +than those on the mainland; and my observation is, that they increase in +size as you go back from the shores of the Sound, through the continuous +woods, to the foothills and mountain-slopes. + +All of the deer in this State belong to what is familiarly known as the +black-tailed family. It is not common in the great basin of Puget Sound, +including therein all of the country west of the dividing-ridge of the +Olympic Range, to find and kill a deer decidedly fat. In Southern Oregon +I have killed what was called bench-bucks, as fat as any mutton I ever +saw; but the ridges and foothills where they roam were covered with oak +timber, which produced an abundant supply of acorns, of which they are +very fond and upon which they plentifully feed. Such food is rich and +fattening. There are no oaks or acorns in this State; at most, they are +so exceptional as not to deserve notice. + +Lingering along the snow-line in the mountains, and ascending and +descending with it, is a species of deer known as the mule-deer. He is +so called for two reasons: first, many males have dark stripes across +their shoulders and the same kind of stripes across the loin; the +mule-deer has the same; secondly, the mule-deer has enormous ears, +equalling, if not exceeding, in size those of the mule. His head is more +like a calf's head than that of a deer. He frequently reaches in weight +two-hundred-and-fifty and even three hundred pounds. He is king of the +deer family. He is not often shot, as he is known, only, to the hunter +and the adventurous pioneer. + +This concludes my brief account of the game and other animals of +Washington. Well-considered laws have been passed by the Legislature for +the protection and preservation of the useful, and for the destruction +of the non-useful and dangerous animals. It is hoped that these laws may +be thoroughly enforced. + +During my residence on the Pacific Coast I have, on invitation, +delivered many addresses before Bar Associations, County and State; +before Odd Fellows' and Masonic Lodges and Literary Societies. I have +pronounced obituary addresses on the life and character of persons +of National, State, and local reputation. Many of these I have in +manuscript. I give here an address on reminiscences of the Bench and Bar +in early days, delivered before the Washington State Bar Association at +its meeting in Seattle in July, 1894: + + + ADDRESS. + + "Called upon at the eleventh hour to fill the place of one well + qualified by education, by experience and by a wider and more + extended observation than myself in the field of legal + reminiscences, I feel some-what the embarrassment of the + situation. The Committee showed the highest appreciation of the + fitness of things and of persons, when they made my friend, now + recreating in the sunny clime of California, their first choice + for the pleasing task now, unfortunately for the Association, + devolved upon me. It is a case of devolution, not evolution. I + possess not that gravity of countenance, nor that dignity of + demeanor, nor that solemnity of vocal utterance, so necessary + to give full zest even to a well-told tale. My absent friend + possesses these qualities in a high degree. + + "In every new and sparsely-settled country there is always a + closer social intercourse between the Bench and the Bar, and a + greater freedom of utterance, than in after-years. When + population increases to the dimensions of a Commonwealth, and + costly Court Houses are built, there is connected with every + Court-room, a sort of 'holy of holies,' from which the Judge + emerges in the morning and, after the crier performs his + duties, into which he enters at night. This may, and probably + does, aid in the dispatch of business, but it operates as an + effectual curtailment of that free-and-easy social intercourse + which once existed. We rarely see the Judge now except when he + is fully clad with judicial thunder. I do not know that I + desire a full return of the customs of other days, but I would, + if I could, check this tendency to social isolation. + + "In those good old days, my absent friend was discussing a + motion before his Honor, Judge Greene, involving the question + of whether certain alleged facts amounted to fraud. In support + of his contention, my friend was reading copious extracts from + _Browne on the Statute of Frauds_. In doing so, he was + constantly calling that author's name Brown-e? 'Why do you + call that name Brown-e?' asked the Judge. 'It is spelled,' + answered our friend, with charming gravity, 'B-r-o-w-n-e; if + that is not Brow-ne, I would like to know what it does spell?' + 'I spell my name,' said the Judge, 'G-r-e-e-n-e. You would not + call me Gree-ne, would you?' 'That depends,' replied our + friend, 'on how your Honor decides this motion.' The Judge + waived the contempt and joined in a general laugh. + + "It is a delicate matter to discuss the qualities, mental and + otherwise of a living and honored brother, and I hope to be + pardoned for the following: Wit and humor, though distinct, are + often confounded. The grave and solemn man is often full of + humorous conceptions. He suppresses their utterance sometimes + with difficulty. He consumes them in an internal feast of + pleasure. It is an exhilerating, but lonely feast. In this + there may be a tinge of selfishness; but we will not condemn. + But when he opens the mental throttle and allows them to flow + forth, they give pleasure to all and continue as a pleasant and + fragrant memory. Judge Greene, though not a wit, is full of + humor. His description of an 'Inspector afloat,' in an + Admiralty case in this then District, in which he contrasted + what an Inspector afloat ought to do and see with what this + Inspector did not do or see, is an admirable specimen of + genuine humor. I believe that it was published at the time, but + I presume that only a few of my hearers have ever seen it. It + ought to be republished. It is worth preserving. It was + possibly this latent trait in the Judge's mental constitution + that led to the following scene: + + "There was an attorney at Steilacoom, where Court was then + held, of the name of Hoover. He was a bright, active young man, + but his chirography resembled, in illegibility if not in form, + the Egyptian hieroglyphics. He filed for a client an answer to + a complaint. The Honorable Frank Clark, attorney for the + plaintiff, demurred to it, because it did not state facts + sufficient to constitute a defence; in fact, did not state + anything; that if it did, it was wholly illegible and past + finding out. As soon as Mr. Clark had finished reading his + demurrer, the Judge, who prided himself on his ability to read + all forms of handwriting, asked Mr. Clark to hand the answer to + him, saying that he thought he could read it. It was handed up + to the Judge. He read the first line in the body of the answer + all right, but utterly broke down on the second line. He scaned + the remainder of the answer deliberately and with care, then + handed it to Mr. Hoover, asking him to read it; the Judge + meantime watching him with an intensified if not admiring gaze. + When Mr. Hoover had finished the Court said, 'Mr. Hoover, hold + up your hand.' Mr. Hoover did so, and in that solemn position + the Court swore Mr. Hoover as to the correctness and + truthfulness of his interpretation of that answer. Mr. Hoover + has since left the profession of law and gone into the more + lucrative business of banking. On account of the unjust + criticism sometimes made on my own hand-manual, I feel inclined + to treat him kindly. + + "There may be a dash of the _ego_ in the following + reminiscences, but it will be seen that I was but the incident + or subordinate actor, or more the victim, than otherwise. + + "While the Third was my Judicial District, I was ordered by the + Legislature of 1869 and 1870 to hold Court in the Second as + well. The docket at Vancouver, for various causes not necessary + for me to mention, had become very much clogged. There were + over two hundred cases, civil and criminal, awaiting trial. The + Legislature gave me six weeks to clear up that Docket. I went + to Vancouver a little out of humor from the imposition of + double duties, but with the determination to accomplish the + task within the alloted time, if continued and sharp work would + do it. I made myself something of a judicial tyrant during that + term. I ran Court from eight o'clock in the morning, with + evening sessions often extending until twelve o'clock at night. + Motions and demurrers were read, and I heard only the party + against whom I was inclined to rule on the reading. I took + nothing under advisement. I limited the time of address to + juries, adjusting the time according to the importance of the + case and the character of the rights involved. The local and + visiting Bar showed their appreciation of the situation and + wasted no needless time in the direct, or cross-examination of + witnesses. We finished up our work on the last day of the + alloted time, and of all that mass of cases heard and finally + determined at that time, not one was taken to the Supreme + Court. + + "Quite a number of amusing incidents occured that tended to + relieve the monotony and lighten the burden of our labors. By + your permission, I will relate one. + + "A man had been indicted for a grievious assault and battery. + The alleged place of the assault was in the woods near the + northern limits of the town. The second witness for the + prosecution was a school teacher from Washougal. He was a tall + and lank man, with high cheek bones, sunken cheek and eyes, and + sandy hair. He had about him an air of conscious superiority. + After he had been sworn, he advanced to the witness-stand which + was directly to my right. Before he took his seat, however, he + courteously bowed to me and, with a dignified waive of his + hand, saluted the Court. The following was his description of + the assault and battery: + + "'The prosecuting witness was sitting calmly and sedately on a + log, when the prisoner approached with stealthy yet intrepid, + steps, until he approximated in close proximity to his person, + sir'--The Court interrupted: 'If you can get along without + making a stump speech, we will be very much obliged to you.' + 'Thank your Honor,' he responded. 'Proceed,' said the Court. + 'As I was remarking, the prosecuting witness was sitting calmly + and sedately on a log, when the prisoner approached with + stealthy, yet intrepid, steps, until he approximated in close + proximity to his person, sir, when he reached forth his digits + and fastened them in the capillary filaments of the + prosecutor's head, and then, with a tremendous jerk, laid him + prone and prostrate on the ground; then he lifted his heel high + in air and sent it with such force and violence into the + countenance of the prosecutor that it has left an impression + indelible to this day, sir.' 'That will do,' said the Court; + 'You can go.' He arose with a courteous bow to the Court and a + wave of his right hand towards the Bar, said: 'Thank your Honor + for releasing me from the impertinence of these attorneys.' And + he proudly walked out of that court house. The Court + surrendered its dignity for a time and joined in the storm of + laughter. + + "Pierce County, now a model of intellectual and moral progress, + with a thrifty, energetic and law-abiding population, was, in + early Territorial days, a hotbed of local feuds frequently + resulting in homicide. She had no Tacoma, then, to control the + spirit of lawlessness and to teach her citizens that life's + truer conflicts are different, and nobler. This County was in + the Third Judicial District, over whose Courts I had the honor + to preside for six years. At one of these terms of Court a man + of the name of Walker was indicted for the murder of his + nearest neighbor. Walker and his said neighbor were both + unmarried and lived in cabins not far apart. Both were + stock-raisers, and both were well advanced in years. No one saw + the killing and it was, therefore, a case of circumstantial + evidence. + + "The body of the neighbor, when found, lay near a gate that + entered Walker's pasture-field, and the right side, from the + shoulder down to a point opposite to the navel, was perforated + with shot. I will not attempt to state the circumstances on + which the prosecution relied; suffice it to say, they pointed + with a good deal of force to the guilt of the accused; but I + will not say, in opposition to the verdict of the jury that + they excluded every hypothesis of innocence. The prisoner was + ably defended by Judge Wyche, James McNaught, Irving Ballard + and Gov. Wallace. The Honorable C. M. Bradshaw was the + prosecuting attorney, and he was ably assisted by the Hon. + Frank Clark. The trial occupied the attention of the Court for + four days. On the second day of the trial, a lady tastefully + dressed, but closely veiled, entered the Court with the + prisoner's counsel, and, when the prisoner came, took a seat + by his side. She was evidently a stranger, and 'who is she?' + was on the lips of everyone. At the noon recess it was learned + that she was the daughter of the prisoner. Day by day she + appeared, took her accustomed seat, and remained a silent and + mournful listener to the damaging testimony given against her + father. At noon of the fourth day I thought the testimony was + all in. At the call of the Court after recess I was somewhat + astonished by the announcement of Judge Wyche that he wished to + put one more witness on the stand. I was still more surprised + when he asked, this daughter, to take the witness-stand. She + moved across the room in front of the large audience in a + dignified and graceful manner, her face still veiled. Before + she was sworn, Judge Wyche requested her to remove her veil, + and she did so, revealing a countenance beautiful, intelligent + and sorrowful. Judge Wyche asked her to state her age. She + answered, twenty-four. Ques. 'What relation are you if any, to + the prisoner?' 'He is my father.' Ques. 'Before you came here, + how long had it been since you last saw your father?' Ans. + 'About fifteen years.' Ques. 'Are you married?' Ans. 'I am.' + Ques. 'What is the object of your visit here?' This question + was objected to, but I let it go in. 'I came,' she said, 'to + persuade my aged father to go back and live with me in my + eastern home, so that I could smooth his pathway to the tomb + with a daughter's love and affection; but to my sorrow and + astonishment, when I arrived I found him on trial for his + life.' She was about to proceed, but the Court stopped her. + Then Judge Wyche said: 'I want to ask you one more question. I + presume that it will be objected to and you need not answer + until the Court permits you to do so. Taking into consideration + all that you have stated and all that you may know in the + past, as well as in the present, of your father, what is your + opinion of his sanity?' 'We object,' came quick and sharp from + Mr. Clark; but, as he did not arise to argue the objection, + Judge Wyche made a clear and cogent argument in favor of the + admisability of the testimony, admitting that the authorities + were in conflict, but claiming that the better reason was in + favor of its admission. In conclusion, he repeated the + testimony of the witness and drew a brief but pathetic picture + of her melancholly condition. His emotion seemed to intensify + as he proceeded, until they became too great for utterance, and + he resumed his seat amid the profound silence of the + court-room. + + "Frank Clark, who had watched this performance with the keen + eye of an connoisseur, immediately arose to reply. He did not + waste much time on the legal proposition, but addressed himself + to the concluding portion of Judge Wyche's argument. He said + the learned counsel for the defendant, had drawn a pathetic and + melancholly picture; then with a voice trembling with seeming + emotion, he asked: 'Did the learned counsel say anything about + the poor, lone man who fell on yonder plain, pierced by many + cruel shots, with no daughter near to receive his last blessing + or to close his eyes, fast glazing in death?' Seemingly + overcome with emotion, he resumed his seat, but no sooner had + he done so than he put his hand to the corner of his mouth and + said to the prosecuting attorney, in a stage whisper, + distinctly audible in most of the room: 'I guess they did not + beat us much in that game,' + + "All of the older members of Bar in Western Washington were + acquainted with I. M. Hall. He was probate Judge of King County + for two terms, and for one term its auditor. He possessed what + Bishop called 'a legal mind.' While he was well read in the + elements of the law, after his admission to the Bar he had very + little use for books other than Statutes, Blackstone's + Commentaries and Kent's Lectures. His knowledge of Statutory + law was comprehensive and wonderfully accurate, both in a + historical and constructive sense. He often said that we were + too much inclined to go far from home for our law; that we were + fond of legal exotics. While reports were useful, their abuse + was greater than their proper use. He claimed that their use + had changed the members of the legal profession from a body of + original and stalwart thinkers, to a body of sickly book-worms. + Their inquiry was not, what was the reason of the thing, but + what had some Court said? + + "It was a frequent saying of his that the principal difficulty + that he met with in the practice of the law was to get the + Court to see the law as it was; a difficulty that many of us, + no doubt, have thought at times obstructed our success; but + which, with that modesty and discretion so characteristic of + the profession, we have failed to voice. + + "Mr. Hall was the acknowledged wit of the Bar of Western + Washington. I might give many instances of his ability as a + wit, but one must suffice. + + "It was the last day of a term of Court at Port Townsend. My + practice was to read over the docket on the last day of Court + in the presence of the attorneys, so that I could correct on my + docket any omissions or mistakes. I was about to adjourn Court + when Mr. Hall said he desired to have a demurrer heard. I told + him to proceed. He made a brief yet clear and plausable + argument in favor of the demurrer. It involved a point of + statutory construction. When he had concluded, the opposing + counsel rose to reply. I told him that I did not desire to hear + him; that the point presented so ably by Mr. Hall was not new + to me; that my mind was against the construction contended for, + and that I would have to overrule the demurrer. Mr. Hall, who + had arisen to his feet, and who was manifestly a little + disappointed at the ruling of the Court, said that he would + like to have an exception. I said: 'The Court will grant you an + exception with pleasure; but,' I said, 'this very question has + been up before my Brother Greene and my Brother Lewis, and we + all agree in our views; now, you know that we three constitute + the Supreme Court, and, while I give you the exception with the + greatest pleasure, I fear you will not make much by it.' He + stood in a reflective attitude for a moment, then said: 'May it + please your Honor, I believe I will take the benefit of the + exception, anyhow, for the tenure of office is very uncertain + in this Territory.' + + "I have heard the incident related with this sequel, that he + took the case to the Supreme Court, that the Judges mentioned + were all off the Bench, and the demurrer was sustained. I + cannot vouch for the correctness of this sequel, however. + + "Now, Mr. President and brothers, I owe you an apology for + detaining you so long with this unsubstantial matter, this + unwritten poetry of the profession. I am inclined to believe, + however that the actual intellectual and moral tone of a given + period, as well as the social status, has no truer index than + its current anecdotes. Every new and formative community is + marked with distinctive individualities. In the onward sweep of + development and civilization, and in the largeness of + population, individuality becomes fused in the general mass, + and loses its salient characteristics." + + +From an address before the same Association at its annual meeting in +Ellensburg in 1902 I cull these extracts. + + "Mr. Chairman: + + "When I came to this city I was sent for by the President of + this Association and informed that Mr. Caton, on account of + sickness in his family, could not be present on this occasion; + and he asked the privilege of substituting my name for that of + Mr. Caton. At first I objected. But you who are acquainted with + the persuasive eloquence of the President of this Association + can readily come to the conclusion that I finally consented. In + the words of one of Lord Byron's heroes, 'Much I strove and + much repented, And saying, I will ne'er consent--consented.' + + "The particular point to which I desire to direct your + attention is the pioneer lawyer. I think I know something about + his characteristics. In the first place he was a good fighter. + His surroundings gave him inspiration in that direction. His + environments were of the militant order. He was not only a good + fighter, but he was a loyal fighter, and I must say from + experience that he was a persistent fighter, for, after the + judicial umpire had counted him out, and called the next bout, + he wanted to fight on still. In the next place, he was a good + reasoner, and I want to emphasize this point. He was so of + necessity. He had no Reports. He had to rely on his remembrance + of general principles; and he learned to reason from those + general principles to his conclusions; and his success at the + Bar depended upon the clearness of his statements and the + cogency and force of his logic. The question with him was, what + is the law? And he ascertained what the law was by reasoning + from the general principles which he remembered, to the + conclusion which he desired. If an attorney now-a-days is asked + what is the law, I am afraid that it is too often the case, to + use the eloquent language of the Supreme Court of this State, + he seeks to find a case 'On all-fours.' He doesn't make any + inquiry. He doesn't exercise his reasoning powers at all; he + goes into the library and hunts after a case 'on all-fours' + with the facts of the case he has presented to him. The learned + and honored Judge C. H. Hanford, who has just so excellently + addressed you, has stated that the law is not an exact science. + I do not know but what I differ from the speaker in this + regard. Every profession has connected with it two things: a + science, and an art. The science consists of the principles + upon which that art rests. Now I, as a lawyer, am prepared to + maintain that the science of the law is just as accurate, just + as complete, and just as reliable as any other science. As has + been said, law in its practical operations is the application + of principles to a certain condition of facts. There comes in + the art. Where different judges differ, it isn't in the science + of the law, it is in the art connected with that science. + + "Now I am wandering a little. However, I was trying to show + that pioneer lawyers were forced to do their own reasoning, to + rely upon their own intellectual powers. Such, I understand, + was the school in which Lincoln graduated; and such, I am happy + to say, was the school in which the Honorable United States + District Judge of this State (Judge Hanford) graduated. + (Applause.) And he has shown today, in the fine address which + he has read, that he had good training in that school, and + that he early learned to do his own thinking and to arrive at + sound conclusions. I know all about him. I knew him before he + was a lawyer. I knew him while he was studying his profession. + I knew also that there were very few books that he could + command at that time. I think it is a good thing. I would say + that a lawyer, a young man, should never be permitted to see a + Report until he has practiced at the Bar for at least six or + seven years. Then he would learn to do his own thinking and + reason from the principles laid down in the fundamental works + upon the science of the law. I have spent too much time upon + that point, however. + + "The pioneer lawyer as I knew him had a strong sense of humor + about him. He had a strong sense of the ludicrous about him. + Circumstances contributed a great deal to the development of + that sense in him. In early days there was no such thing as + conventional usages. Every fellow had his own fashion and + followed his own will. I remember a little incident connected + with what I have just stated. When James McNaught, whom you all + know, and who subsequently became attorney for one of the + largest railroad corporations in the country, the Northern + Pacific Railroad Company, first came to this Territory, he was + inclined to be a little 'dudish' in his dress. The first place + he landed was at Port Townsend. He had a stove-pipe hat on his + head--he was near sighted, and with his spectacles across his + nose--went out to view the town, and, as is customary with + people whose sight is thus affected, he always looked upward; + and he was looking upward in Port Townsend as though he + expected to gather a glimpse of the golden wings of a flock of + angels hanging over that spiritual town. Well, everybody + noticed it. He was the observed of all observers. The next + time the paper at Port Townsend came out it was with the + heading, 'Ecce Homo,' 'behold the Man,' and it gave a ludicrous + description of that young attorney and his resplendent ability, + notwithstanding his dude hat. Everybody read it. It was a fine + introduction. + + "When he came to Seattle the boys ran out to him taking him to + be the advance-agent of some show, and said to him, 'Mr. when + is your show going to be along?' 'What is it?' 'Has it got + animals in it or not?' After that Mr. McNaught relapsed back + into the barbarous habits that existed on the Sound at the + time. There was more freedom between the Court and the Bar at + that time than there is at the present time, more sociability. + Now the Court comes in at a certain time from his back-room + connected with the Court House, where he has disappeared and + shut himself up until the bailiff announces his coming, + whereupon--I am speaking now of Seattle--everybody arises and + gently bows, and the Judge takes his seat and is prepared with + his judicial thunder." + +For twenty years I have served as President of the King County Bar +Association. From January, 1897, to January, 1901, I served as Judge of +the Superior Court of the State for King County. Although an +octogenarian, I am still in the harness as an Attorney and Counsellor at +Law. + +I have now completed a general survey of my not uneventful life. I have +written and collated it in my eighty-first year. + +In conclusion a brief retrospect limited to our Country and Nation, may +be allowable. Looking backward from a standpoint of review covering +eighty years and more, and comparing the condition of the world with +what it was on the second day of May, 1827--the day of my birth--with +what it is now--I am greatly impressed with the fact that in +intellectual and moral growth, in the advance of civilization, in +material progress and human amelioration, as well as in increase of +population and in the volume of business and in glorified inventive +triumphs--as well as in religious beliefs, as shown in the substitution +of _love_ for _fear_ as the true basis of obedience to God and His +laws--the world has moved and is still moving forward to a higher and +nobler plane of civilization. + +Steam, whose latent energies were then but little known, under the +exploitations of science and inventive genius, became, and continues to +be the chief motive power of the world. Electricity alone now disputes +its dominion. While the light of ages comes streaming down the pathway +of history, it illumes the present and enlarges the scope of human +knowledge, yet it gives no prophetic insight, hence, which will be the +final victor is unseen. The potential energy and force which practically +annihilates time and space by its fiery messages sent through the air or +ocean westward, in advance of mechanical time and becomes the common and +instant transmitter of intelligence--is fast developing into a motive +force the full extent of whose tremendous power is as yet unknown. + +It may equal, if not excel steam power and thus become the motive force +of the world. + +During the time covered by this brief retrospect, Mexico has felt the +conquering power of the soldiers of the model Republic, its roll call +has been heard in the Halls of the Montezumas--the northern boundary of +Mexico has been deliminated, with territorial concessions to our +Government--Texas released from the dominion of Mexico and made an +integral part of the Union by annexation and subsequent admission as a +state. The War of the Rebellion which threatened the territorial +integrity and rightful authority of the Union after a heroic +conflict--has been suppressed--peace and harmony have been restored and +slavery, the irritating cause removed, by emancipation--and the Union +today stands on a firmer, broader, and more enduring basis than ever +before. + +Peace has her victories no less renowned than war's. The silent +influence of our institutions has secured the annexation of the Hawaiian +Islands--the gem of the Pacific and the outward bulwark of the Pacific +States. + +The war with Spain, occasioned by her treachery, and inspired by the +desire to release the Cuban people from the rapacity and cruelty of her +Spanish tyrant--resulted in the heroic and somewhat romantic naval +battle of Manila Bay--the capture of the Philippine Archipeligo--and the +expulsion of Spain from that group of Islands. + +Eighty years ago the settlements with a few exceptions scarcely impinged +on the eastern shore of the Mississippi River. Since that time they have +crossed that mighty flow of waters--spread out over the fertile plain to +the eastern base of the Rocky Mountains, and in after years they have +extended over the mountains and here, in the sunny clime and fruitful +valleys and balmy and healthful breezes of the Pacific Coast, the hardy +pioneer has found a final home. + +What a territorial basis for development--progress--empire! Already +several millions of hardy, enterprising and patriotic freemen are +scattered over this vast domain, and westward millions more are taking +and will take their way in addition to the millions to the manor born. +With the constantly increasing and controlling power of the forces +generated in the past, and, now successfully at work in the world and +which will no doubt increase in number and in the grandeur of their +results during the next eighty years--who can measure the coming power +or comprehend the glory of the model Republic? + +Pioneers, Washington, with all her grand resources--developed and yet to +be developed--won by your privations, courage and patriotism, is your +gift to the Union, to be consecrated to liberty, regulated by law, +forever. + + + + +Transcriber's Notes: + + + Passages in italics are indicated by _italics_. + + Inconsistencies in spelling and hyphenation have been retained from + the original. + + Obvious typographical errors have been corrected as follows: + + Page 16: "firts" changed to "first" + Page 47: "assitance" changed to "assistance" + Page 50: "attemps" changed to "attempts" + Page 70: "alcholic" changed to "alcoholic" + "or" changed to "of" + Page 72: "audienc" changed to "audience" + Page 75: "opprobiously" changed to "opprobriously" + Page 78: "surrounding" changed to "surrounded" + Page 105: "reconcilation" changed to "reconciliation" + Page 129: "genral" changed to "general" + Page 130: "Reyonlds" changed to "Reynolds" + Page 147: "beilieve" changed to "believe" + Page 177: "fity" changed to "fifty" + Page 207: "mounth" changed to "mouth" + Page 224: "suprised" changed to "surprised" + Page 225: "to" changed to "too" + + Punctuation has been corrected without note. + + + + + +End of Project Gutenberg's Memoirs of Orange Jacobs, by Orange Jacobs + +*** END OF THIS PROJECT GUTENBERG EBOOK MEMOIRS OF ORANGE JACOBS *** + +***** This file should be named 35992.txt or 35992.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/5/9/9/35992/ + +Produced by David E. 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