USA > Oregon > Pioneer days of Oregon history, Vol. II > Part 24
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To recur to the conditions at that time: The Indians were in uncertain temper and the scattered settlements could easily have been attacked and annihilated had the Indians formed the combination they afterwards made and shown the united and savage spirit that surrounded the Oregon settlements with a cordon of savage tribes in 1855. Mat- ters were so uncertain that leading men of the region never met without exchange of fears and apprehensions. The settlers in their homes would talk over the danger that en- vironed them. Whitman at the time apprehended the fate that was to befall him in a few weeks, and plainly expressed his fears. The only whites who felt no alarm were the Hud- son's Bay Company men, who walked the earth free of all sense of danger. It was a cause of trouble to many that this was so. That company could quell an outbreak if it came, but the new settler timidly asked: "What if the influence of
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this great corporation should be used against us, or even not used for us in case of an Indian rising?"
The infant settlements were in a state of apprehension, and all persons of influence urged action calling on the Na- tional Government for aid and protection. In this emer- gency Governor Abernethy selected Judge Thornton, of the Supreme Court, at the instance of several of the most promi- nent men then in Oregon, who signed a request to that effect, and appointed him to represent Oregon interests at the National Capital. Judge Thornton had then been two years in the country and was thoroughly aware of its needs and its value to the nation. To him Oregon was an adopted mother, for whom he was anxious to do service. He was then in the prime of life and accepted the mission intrusted to him with all possible sense of its importance and anxiety to so discharge it as to secure best results.
The bark Whiton was to sail for San Francisco October 19th, thence for the lower coast and around the Horn for Boston. But something more negotiable than the authority of Oregon's provisional governor was necessary to secure means for so long a journey and so important a mission. At that time there was no money in Oregon ; legal tender was made up of commodities, the most valuable being orders of various companies ; but a minister extraordinary, as Thorn- ton was, could not travel on stock and trade. But there was a will, and there was a way. Rev. George Geary, of the Methodist Episcopal Mission, assisted to the extent of $150, by draft on the Mission Board at the East, and a remarkable character, who did business under the assumed name of Noyes Smith, loaned the newly appointed delegate forty barrels of flour, giving him a letter to friends at the East
DR. WILLIAM C. MCKAY A prominent feature in this work
J. Q. THORNTON Judge of the Provisional Supreme Court, who made the mission to Wash- ington in 1848.
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that was afterwards of use to him. The flour was shipped on the bark Whiton and found a fair market at San Fran- cisco.
Judge Thornton thus had some means at command and went on board the bark expecting to be taken to Panama, thence to cross the Isthmus and find passage to New York from there. The Whiton reached San Francisco, remained there some weeks, sailed for Lower California and stopped at San José, a small port inside the Gulf of California. Here the captain changed his mind, gave up the voyage and determined to stay and trade along the coast.
At that time we were at war with Mexico; there was a small port near San José that had been captured by our forces and was held by a small party commanded by a lieu- tenant. The sloop of war Portsmouth lay off there and one day Lieutenant Bartlett, of the Portsmouth, came on board the Whiton and there learned the unhappy fix in which the Oregon representative was placed.
On board the bark were several who had been to Oregon on a tour of observation. They intended to make the same trip that was contemplated by Thornton, but when the cap- tain changed his mind they concluded to cross Mexico to Vera Cruz and thence home. This involved more expense than Thornton could afford, and it may be supposed that he was near desperate in view of his stranded position. It seems as though a special providence here interposed for Oregon and her sorely disappointed emissary.
Captain J. B. Montgomery, of the Portsmouth, was a very noble officer and gentleman and became greatly inter- csted in the Oregonian's difficulties. He sent the lieutenant immediately back with an invitation for Mr. Thornton to
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visit him on board the Portsmouth, and request that he should bring any papers he might have with him bearing on his mission to Washington. This he did, and Captain Montgomery was satisfied with the fact of his mission and its importance. He explained that the general instructions of the service required a naval commander, in case he found any United States Minister or diplomat in such circum- stances, to take him home or render any service in his power. Under this rule he should not hesitate to offer Mr. Thornton passage to Boston, if he desired it; which it may be sup- posed the stranded delegate accepted most thankfully. Cap- tain Montgomery did nothing by halves; he took Mr. Thornton, as he would some foreign minister who had re- ceived sudden dismissal, gave him all the honors he could be- stow and maintained this courtesy and kindness through the long voyage.
The captain and his son had occupied a handsome suite that he vacated, having two hammocks swung in the dining cabin instead. No protest availed ; there was spare room in the officers' quarters, but the guest of the ship was not al- lowed to be merely on a par with subordinates. They shared the cabin daytimes, and the voyage was as pleasant as the captain and his chief officers could make it. They stopped at Valparaiso, where the captain and the Oregon repre- sentative dined with the American Consul. There an inci- dent occurred that Captain Montgomery probably never heard of, that formed the only shadow on the long voyage.
Some time before a Lieutenant Schenck, of the navy, when in Oregon, tried to locate a section of land for himself, but the provisional government refused to recognize claims where there was no residence. This matter was known and
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talked of on the Portsmouth, and Oregon's supreme judge was asked why it was so. The danger of claiming lands for non-residents was explained and the necessity of residence dwelt on, but a certain lieutenant of marines could not be satisfied. He day after day, and continually, harped on this matter and would not be pacified. Not a day passed that the lieutenant of marines did not engage Thornton in conversation as he took his evening walk on deck, and would manage to lug in this question until in time it became a dis- courtesy. Recognizing his position on board, Thornton al- ways went patiently over his arguments. At last his pa- tience was exhausted, and he said: "I am sorry, lieutenant, not to be able to satisfy you, but the fault seems to be I can- not furnish you with brains." This was overheard and re- peated, and the ward room officers were provoked that one of them should have been so annoying, while some thought Thornton too rude. It is true he was too hasty in speaking so. The laugh seemed on the young man, and he must have been annoyed by the criticisms and jokes. He was deter- mined to challenge Thornton to mortal combat when they should reach land. The first land was Valparaiso, but the challenge was not sent. Thornton heard of the intention, and announced that he should unhesitatingly refuse the challenge and might word the refusal in undignified lan- guage. It had gone so far that the officer of marines had his second picked out, and that "friend in need" was a son of Paul Revere! But, aside from this foolish incident, the voyage on the Portsmouth was a delightful episode. He felt that Oregon in his person was shown every honor a dis- tinguished officer and gentleman could pay.
Captain Montgomery was afraid of meeting on his re-
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turn voyage with a commodore who might be disposed to change his course and order him to some other part of the world, so he bore far east of the usual route of vessels bound for American ports and avoided such disagreeable contin- gency. He had been long away and was anxious to reach home once more, and as this was war time, sudden changes of plans were more than possible.
The long voyage ended May 4, 1848, at Boston, and Mr. Thornton immediately took passage for New York and Washington, where he arrived May 11, 1848. The arrival at the National Capital of a man who represented, though somewhat informally, the people of Oregon, was a matter of considerable interest to the leading men of Congress, then in session. Thornton came accredited from the provincial government of Oregon. He was received and recognized as a representative of the far-off settlements. He possessed an advantage of no small moment in the fact that he was per- sonally acquainted with two distinguished senators who were able, and proved themselves heartily willing, to aid and assist in all he could reasonably claim for Oregon. To their aid and earnest support Oregon owes much of what was se- cured at that time.
He entered upon his mission, however, better accredited than outfitted. The proceeds of the drafts on the Methodist treasury and the sale of that little lot of flour only left him a small remainder with which to settle his board bills ; but he took courage, and made up in energy what he lacked in means. Senator Douglas hunted him up the day after his arrival in Washington, for the morning press made a notice of his coming. Father Ritchie was then editing the leading government organ at the National Capital. Thornton and
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his son had been fellow-students at the University of Vir- ginia, and on account of this previous acquaintance his ad- vent was heralded with rather agreeable éclat. Senator Douglas introduced him to President Polk, who listened eagerly for news from Oregon. Other interviews were ap- pointed with the President, and at his suggestion Mr. Thorn- ton prepared a memorial to Congress setting forth all the important facts relative to his country, and the wants and necessities of the people ; especially, their desire for organi- zation and protection under the general government. This memorial was presented by Senator Benton to the Senate, was ordered printed, and was received with general favor.
Judge Thornton proceeded to draw up a land bill con- forming, as nearly as possible, to the measures relating to settlement on public lands in Oregon that had been adopted by the provisional government in the absence of any Con- gressional action. In view of the implied promises of Con- gress, made to secure immigration and settlement of Oregon by Americans during the period of joint occupancy, and which resulted in deciding the question of ownership to a great degree, the provisional legislature had authorized the claiming of sections of land by actual settlers, who were heads of families. This was confirmed by the passage of the donation land act. This bill and amendments to the bill for admission of Oregon that he found pending, was the es- pecial labor of the Oregon representative, for the pending bill lacked some points of importance to the settlers of Oregon.
All Congress was interested, the President was favorable and this informal representative of the farthest Northwest found himself, though without a dollar in his purse, treated
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in the most kindly and friendly manner. It is worth while to notice here the anomalous position Judge Thornton occu- pied and the singular interest that was taken in the Oregon of that day. It is possibly true that no single individual with so uncertain a position, representing a country so un- formed and remote, ever visited Washington claiming offi- cial recognition. It is certainly true that no one ever went there with so little regular claim to recognition who was ac- corded so universally not only a hearing, but the unanimous good-will and support of all parties while the question at issue was fraught with political disagreement. All that a dozen years later resulted in rebellion, secession and civil war was roused to action by the Oregon bill, but Oregon itself commanded the unqualified respect and united support of the contending partisans.
There was an anomaly in the case of Oregon that com- manded the admiration of the world and secured for the representative of this region unusual respect and attention. A handful of Americans, who seemed animated as much by patriotic as personal feeling, had taken their leave of civil- ized life, and with their household penates had crossed the wilderness of the mid-continent to make homes on the banks of the Oregon. Their presence had settled the dispute as to boundary, and had terminated the long period of joint occupancy. The world read of this migration to the Pacific with almost reverence for the few who had dared so much and had reclaimed the beautiful region on the Pacific,. not only from savagery but from British rule and occupa- tion. The advent in Washington of one of these greater than Argonauts as a representative of his fellow-Oregonians, who, had only reached the National Capital by half circumnavi-
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gating the entire world; the fact of a growing community so remote from trade that they had no money and had only actual barter and exchange of products to depend on-all this cast a glamour of romance over the much voyaging representative of far-off Oregon, and made his presence at Washington not only a welcome event, but gave him in- fluence and personal magnetism and power that-most fortunately for Oregon-he proved himself wise enough to use to good advantage.
Such was the condition of affairs at the National Capital when the Oregon bill came up for consideration and action. But when the bill came up it was found to be a very apple of discord thrown into the national councils. It contained a clause prohibiting slavery, that aroused the spirit of Cal- houn to opposition and arrayed against it the whole South in a contest that was only ended as the gavel stroke told that the session was adjourned.
The people of Oregon had twice before that time voted down the slavery question. They had declared that slavery should not exist in Oregon. So in drawing up the Oregon bill he had taken the anti-slavery clause from the ordinance of 1787, to faithfully represent the wishes of the people. The slavery interest made overtures to Judge Thornton to consent that the bill should remain silent on the subject, and promised unanimous support in case that was done, but he thoroughly knew the wishes of the people of Oregon, and the anti-slavery clause remained a part of the Oregon bill. The measure was attacked in the Senate by Jeff Davis and Foote of Mississippi, Butler and Calhoun of South Carolina, Mason of Virginia and others of great note, and was as warmly defended by Houston of Texas and Benton
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of Missouri, as well as by Douglas, Webster, Corwin, Dix and Collamer. It was a bone of contention for several weeks. Calhoun employed a morning session, until ad- journment, with one of his most commanding efforts. He was clear, argumentative and logical; the senate and the large audience were entranced by the force of his reason- ing, and when he closed silence reigned for some time, that was only broken by the motion to adjourn. The bill passed the Senate by a close vote and went to the house, where the storm of fiery opposition broke out afresh. But it passed there, also, in course of time, and came back to the Senate with some unimportant amendments toward the close of the session. Then its opponents rallied again and undertook to kill it by delay, using every possible expedient known in parliamentary warfare to insure its defeat, and on this ground the battle was fought over again. Tom Corwin supported the bill in one of his most telling efforts, and Tom was not particularly tender toward the slavery interest, even in his best moods. It was after hearing this speech that Father Ritchie, as they passed out of the Senate chamber, said to Thornton: "A few such speeches as that would dissolve the Union."
Congress was to adjourn Monday, August 14, 1848. It was Saturday the 12th, and the Oregon bill was under dis- cussion, when Butler of South Carolina moved to go into executive session to hold Benton accountable for making public one of his own speeches, delivered in secret session. It was known that the opposition had resolved to keep the bill from passing to final action by any and all means within the scope of parliamentary action, or delay. So this motion was only to gain time and annoy Benton. Butler
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applied the word "dishonorable" to the conduct of the Mis- souri senator, which brought "Old Bullion" to his feet with the shout : "You lie, sir, you lie ! I cram the bill down your throat !" The two old men were advancing toward each other when senators interfered and a collision on the floor was prevented. It was thought there would be a meeting, for Butler had said to Benton that he would hold him ac- countable elsewhere, and received the reply: "You can see me anywhere and at any time and with anything; but re- member that when I fight I fight for a funeral." That they never met was in great part due to the fact that the matter had such notoriety that the authorities had both of them bound over to keep the peace.
On Saturday, the bill being before the Senate for final action on house amendments, the friends of the measure were resolved to vote down every motion to adjourn until the bill should pass. Adjournment was to take place on Monday, at noon ; the scene between Butler and Benton oc- curred Saturday night at 10 o'clock; when it was over, Foote arose and announced his intention to keep the floor until Monday noon, the hour of fiscal adjournment. He commenced with scriptural history and continued until two hours after sunrise Sunday morning, only giving way to motions for adjournment. The friends of the Oregon bill were in the adjoining room, with a page on guard, who gave notice of each motion to adjourn, when they filed out and voted it down. Sunday morning the opposition had tired themselves out, and gave up the game. Foote was silenced by his friends, who became tired of their own folly. The bill passed, though by only a small vote, and even the support of a number of pro-slavery senators was necessary to its
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success. The organization of Oregon territory was pro- vided for, including in its limits what is now known as Utah, Idaho and Washington-in fact, all territory west of the Rocky Mountains not included in California.
One feature of the bill was its liberal provision for a fund for support of common schools from the sale of public lands. Before that time Congress had granted the 16th section in each township for that purpose, but Judge Thornton secured an additional section, so that the Oregon bill granted for common schools in Oregon sections 16 and 36 in each township of public lands, a grant that had never been made previously, though asked for and refused twice in connection with the organization of Wisconsin, earlier in the spring of the same session; each effort having been made by Mr. Rockwell of Connecticut. Mr. Thornton places beyond reasonable question the fact of his personal agency in securing section 36 in addition to section 16 previously given. He shows that the Oregon bill previous to his arrival had only section 16 granted for common schools ; that New Mexico and California were organized in the same bill and at the same time, without any section being donated for schools ; that Congress in May preceding refused section 36 for Wisconsin ; that no request had been made previous to his memorial, from any source represent- ing Oregon, for a further grant than section 16, and leaves very little doubt that his personal solicitation secured the grant of section 36 for common schools in Oregon territory. This became the general practice afterwards, but that does not weaken his honorable claim for recognition as having first secured it.
Mr. Thornton seems to have been fortunate in command-
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ing the esteem of all he met, even when they were bitter opponents of the "Oregon bill." He called on Mr. Calhoun and secured his favorable attention. He received his promise to favor the grant asked for, though Calhoun as- sured him his personal preference would be that there should be no free schools taught in the United States, a singular admission for a public man of such eminence to make, and one that no Northern statesman could afford to make and hope to retain his hold on public confidence. We must concede to Thornton that he exercised great tact to secure aid to frame the Oregon bill to his wishes from men who afterwards bitterly opposed it. He was fortunate in maintaining the kindest personal relations with men of all politics and from every section, so that the Oregon bill had the weight of their personal regard for him to secure every provision he desired, while Calhoun, Foote, Butler and many more opposed, upon sectional grounds, its final passage.
During the few weeks from May to August that Judge Thornton remained at the capital, he enjoyed the distin- guished consideration of many of the greatest men our country has ever known. "Old Bullion" had been his friend and correspondent before he came to Oregon. When a very young man, just entering practice, he met Douglas under favorable circumstances. He called on Calhoun, who was one of the Senate committee who had the bill in charge, and in several interviews won his personal friendship and had his earnest support in framing the bill to suit the interests of the people of Oregon. All the pro-slavery ele- ment seemed to feel friendly to Thornton personally, and made that fact manifest. He had great pleasure in the acquaintance he formed with the "godlike Daniel"-
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Senator Webster. The distinguished senator from Massa- chusetts extended his kind regards and an unlimited promise to forward to the fullest all Thornton desired to accomplish for Oregon. Tom Corwin was especially a champion of the Oregon bill. He gave Thornton warm personal support, as well as stood manfully up for Oregon and Oregonians. Henry Clay was then at his home in Ashland, and had re- signed forever the weight of public affairs. Those we have named were among the greatest of American statesmen, but were not by any means all who were personal friends to the man who represented Oregon. It seemed as if the peculiar circumstances of his coming and of the people he repre- sented so informally gave him entrance to all hearts. The word "Oregon" was an open sesame that unlocked all doors. The personal friendship of Benton and Douglas was no small factor in achieving results. Benton was as rough in speech as he was truly sincere and honest by nature to all friends. Early Sunday morning, after the passage of the Oregon bill, which he considered no small triumph, Benton and Thornton left the capital together. Thornton says the senator was much excited and spoke with great bitterness of Calhoun's opposition to the bill. Before leaving this matter we may as well say that while the vote in the Senate for the Oregon bill was very close and the majority small, it seems to have depended at its passage for support from the pro-slavery side. It was the good will and honest sup- port of Sam Houston, Benton, Crittenden and other South- ern men that gave it the small majority it finally received.
One great factor-the greatest of all among the people- in the settlement of the Oregon question at that time was the Northern press, that almost unanimously favored the
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Oregon bill. Bennett of the Herald had tact to see that Thornton represented the popular side. The whig press everywhere was favorable, as were statesmen of that party. The Tribune was impelled by the genius of Greeley to be already a power in politics, and Thornton had a personal acquaintance with that journal. He had improved the rare opportunities afforded for correspondence with the East to keep up communication with the Tribune, and through its columns had made the Pacific Coast known to the coun- try at large. He had at that time occasional interviews, in New York, with Horace Greeley, and all the power of the Tribune was enlisted in favor and expended for Oregon. The entire pro-slavery press was against the Oregon bill. I have claimed that its passage was due to the support of Sam Houston and some others of the Southern senators, which implies that a number of Northern senators opposed the bill. This was true. The pusillanimous doctrine of the constitutional right of the slave power to claim entrance for slavery in all new territory, had power enough to retain many Northern men as its exponents. Northern "dough- faces" supplemented Southern slaveholders, and only for the genuine manhood of a few Southern men the measure would have failed. Oregon owes much to Tom Benton of Missouri and Sam Houston of Texas.
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