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Indians and Criminal Justice in Early Oregon, 1842-1859 Portland State University PDXScholar Dissertations and Theses Dissertations and Theses 4-1973 Indians and Criminal Justice in Early Oregon, 1842-1859 John Samuel Ferrell Portland State University Let us know how access to this document benefits ouy . Follow this and additional works at: https://pdxscholar.library.pdx.edu/open_access_etds Part of the History Commons Recommended Citation Ferrell, John Samuel, "Indians and Criminal Justice in Early Oregon, 1842-1859" (1973). Dissertations and Theses. Paper 1601. 10.15760/etd.1600 This Thesis is brought to you for free and open access. It has been accepted for inclusion in Dissertations and Theses by an authorized administrator of PDXScholar. For more information, please contact [email protected]. AN ABSTRACT or tHE THISIS Of JOHN SAMUEL FERRILL '0. tbe M...... of AI'" 'n Hi.tor, , .......,.. April '. 19734. Tlt.le. lad1.4.8 .act 0..""_1 Juatlce in S••l, 01'8,-. 1842 .. 1859 APPROVED BY HEMBI•• or THI fSlsts COMMIT!I!. Iadl.a-whlte rel.,'''. ta ••1'17 0"8,- .... .ft•• vi...d 1ft I.e,... 01 ••1"81'8 ••• 11'••,,..1I1GI. b\lt the:.. •... oalr tbe ..at .byt.....,.ct••f • 1.r&.~ .t~u..l. to ••••1•••ul'.rat ...fliete• ••t.tl. 1_" dl..,.t... aM ••t.ablt." _ct... t" .....e ..rlto ..,. Ad.ltl.._l .1l4.J:'.~.ft.llll of bot.h .ttlt. a1.1.l'"... , ..ard ladla•• • ad of luteD ....p....tlO1l wit.h t.be IRtlel'. .., be .at"e. fl'. • stud7 of haw ertataal Juett.. .,piled to the red aan dUl'iaa t.he turbulent p.........".t.108 ...a. p"s.o.. to t.he coatal of Alael'lc••••ttl.I'I, OI'~IO. Ift41a"a ka.. the j ..tl•••f tbe Budeoa'_ Ba, a..,••,. Ia .eal1•• with p.T......o•••d of harmt.. Hac per.oanal ow pwop_rtf. Dr. Joha McLouabl11l .oted vith ft,....•• and 'P....l.t.ac. whil. toll1l cos­ ataan.•• of tbe ladla.a' 0WIl 1de.8 ·of just tl'...taeat. The Ameri­ can 1••deI'8 .f late.. 78ar8 ...t1••• talt.teet HoLottal'll',,'. £1.... ..... but failed to I"HOSld.•• "he 'alporCa1\ce .f la."I•• tradition. 01'. El1Jah White. .f'e,.. belD& appolnteel t.he f1rat V. S. Intli•• a.eat for Oreaoft 1a 1842, pr•••nted the catlv•• with • law code 2 whloh lal',.l, 1,801'ed t.h.l~ OVQ trad'tiou ••• coafu... t.hem bJ ukina ..Jo.. .ff..... of wbat had fOYlA.~l, bee. viewed •••t'llO~ infract-lou. '0.-. Vb1'••••ured hie charg•• that the ••w law code ._ ,,,. Oed aad vaa ...c.es"t••d hJ all c.ivllt.ed u'lou. A .1.,f.1al" ••"S..... Y" .,,4...0t. ill late.. l ••der. who ".... •...tac.cI that .ou~t pwoce.dtoa8 6,41net tadla. t~..bl...k.r. could aot help but make • deep &ad b•••fletal tap••••loa Oft the ••f."•••t,' f.l1ow t .. ill....... S.eh ...u........at.t••• btl.ded the whit•• to In.quitt.. 11l thell' appl1cu~&too. of Jue"i.. '0 ladla"...,hlte ell,pule, ... tilt. b1'.4n... .oat..tbuted to f.let.toa betw••a the I'ac••• Crtalaal Juett.. for lad'a.a w.a a.... ..-ples mA&t•• ••rln& 0....... terri'OTla1 period than it had b••• durlna the Hac ..... To t.he lac1ta1M, the IJlit1.h had bee" tr&dla, pal'tne...B. hut the ~~lo4a. ve.e dl.'o•••••OT.. A eia••bl. lafl.. of ••ttlera p~ec.4" the 811alal of Iadla. t~.atl... aad the p••••nc. of two " ••raent. culb...... tbe .... ell.puted a••Wld ..de "ec.e­ ••1'1 ......."e of '8..1lna with the di...........t. vttteh 1"... 1ta.. b1,. a..o••,. aut civil official.t ara,. offlee.... J••, ••• aad In­ etlan aseat.8 ••re atl11 vottk1na out t.bet.. 1'••"." •••pbe.... of tbfl"•••• while an ••ttl.,.. atabc b....., all•••".,. t .... all, ••t.blt.hed author!ty .ad t...pted to ,ak.4 ;tbe 1a" t.to thelr 0Wft haad.. Th. beltef ••' ......d 'bJ ieadlal flIUI'•• 1n the ......, aad tbe 10.'..n Bureau that wbi'.. were to ~l... for outhr••k. of violence did _ot .acoura._ ira'e ••ttl.... or .1..... to rely Oft t.h••• &.e"a'•• to .ettl. dls,ut•• wlth lui..... and .itlaen.' court_, alnera' ....i~t.e•• or t.dl••r~t..t. reprl••l. were oft•• the 0Il1,. fona of ItJu.tic." employed. Iadian. aot..d tbe lafr_que.cl•• of pro.ecution for whit•• who c...l~t.d crt... &,81ae' thea aad coaplai.ad that 'he whit•• had one ••t. of lawe 101' tluam ••lv•••actanot.her fo.. the ..ed ..... Ad••r.. publ1e opinlon wo~.d a.at••t the effort. of Indian 3 SUpel"lD'tead."t Joel 'alae.. to eon.... u.s.. 'I's...a.a. and i • .,••• ••etlla.. q•••t.ionad wh.,h... ladl... ..re. 1ft ' ••f., "p....on." or wh.th.~ their at."reat...t could conettt......~1... Bvan Dick Job".em, a •••••••'.1 Indi.a faraer who ab."do••4 hi_ native cul­ ture and WOR t.he ."pp• .-t of '.'Lm... aa' of .I.... A"I_late 1ft hi• • ffo~t.. to model bt. lif. o. whtte INut, lel••l.t had •• llt.t.l. lesat identit, th., hi. •••p....4 murderer. were Rot tried aDd 0"8 of lb_ v•• allowed t. tate hi. tana. S.I~.8.'loft .f 1••4 and of peopl.. ••• the dt.ectlon ta which bot.h the 1....d publ1. op4:alO1l pol.ted in 01'•••• Territory. C...ol_81" .ad u.....clo"al,. 'Whit•• auourased l ..i&... t.o aeeapt. • ye••rvattoll aol.tloa to the problem. I •••ra'ed by 1.Q.-h.al.~ aadoult\l!,. al••h. aa4 all", th••• probl... le.al .1..,,1.184tlo•• aad viallant. Juett.. .laured pr..l •••t!y. Hatred of the lad1••• __ •••, of the •••tl.....cmtl'lbut.ecl 8ub.taat.l.ll, to di.tortie. an4 aoa.applt••,loa of c.~lft.l Ju.tl... but eve. witb f ••orabl. ,ubltc oplnlo", •• til 'he ..... of Di..k Joh.oaOll, the la. It.••lf ••• l ...ffleteat for a. l ..laD vb0 did ao' 1:...8 hJaa.lf ' ..011 whlte .octet, and .ecept. the t •••t, ,rot.••tio...f the "...rvetion. INDIANS AND CRIMINAL JUSTICE IN EARLY OREGON, 1842-1859 by JOHN S. FERRELL A thesis submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS in HISTORY Portland state University 1973 Ct" " 1P4" -"" " tpel. ~.....ct tlUrX8& , .... 1lCJOt I. trJ"'P tRp NAI6Ift ":J~ MIl ,0 ...... MIl '_au _lID ..... all 0& TABLE OF CONTENTS PACrE CHAPTER I INTRODUCTION ........... .... .. ..... ...... 1 II JUSTICE AND THE HUDSON'S BAY COMPANy............. 4 III ELIJAH WHITE AND THE LAW OF THE tlBOSTONS" •••••••• 9 IV THE WALLACE AND WHITMAN MURDER TRIALS ••.•••• ~ • • • • 17 V JUSTICE UNDER THE EARLY INDIAN SUPERINTENDENTS ••• 33 VI JOEL PALMER OUTLINES AN INDIAN POLICy............ 39 VII PUBLIC PARANOIA AND THE RULE OF LAW, 1853-1855 • • • 45 VIII VIGILANTES AND INDIAN DEFEND~NTS IN THE PALMER ERA 54 IX INDIAN REMOVAL AND TREATY LAW, 1856-1858 ••••••••• 60 X THE CASE OF THE MODEL INDIAN: DICK JOHNSON AND WHITE JUST ICE •••••••••..•".................. 64 XI CONCLUSIONS ... ..... .. .. ... ... 81 BIBLIOGRAPflY' •....•••.•••••••••••.•••• 10 • • • • • • • • • • • • • • • • • • • • 88 CHAPTER I INTRODUCTION In the spring of 1855, Robert R. Thompson, IndIan Agent at The Dalles, was engaged in treaty negotiations with tribal groups in bis district. In reporting his program to Oregon Indian Superintendent Joel Palmer, he spoke of hIs enoounter with a stubborn Cayuse cbiet: Speaking of our laws, be remarked that he was aware we knew more than they ~he Indian~did, but that their knowledge was sufficient tor them ••• They did not ask the whites tor their laws or supeiior knowledge. All they wanted was to be left alone. As the cbiet and his people were learning, such senti­ ments oarried little weIght in a period of rapid white settle­ ment. It was not in the nature of the IndIan department or ot tbe growing number of settlers to "let alone" the natives ot Oregon Territory, and among many trying adjustments de­ manded by the newoomers was ready acceptance ot their forms ot oriminal justioe. As the obiet indioated to Indian Agent Thompson, the "superior knowledge" ot the settlers was recog­ nized and respeoted, but the red man was quiokly disabused ot any notion that suoh knowledge was neoessari11 aooompanied lRobert R. Thompson to Joel Palmer, April 14, 1855, Oregon Indian Atfairs Papers (miorofilm), Roll 5, Oregon Historical Society. Cited bereatter as OIA, OHS. 2 by superior (or even consistent) morality or justice. A court of law was ocoasionally opened to "savages" as a showcase of civilized praotioe, but more often suoh formality was ignored in favor of warfare, vigilantism, or individual reprisals. The frequent hypoorisies and inoonsistenoies of the wbite man's justioe were not lost on the supposedly savage mind. Oregon's peouliar baokground of joint ocoupation by Britain and the United States led to greater strains on Indian-white relations than was charaoteristic of the Amerioan westward movement. The United States had previously sougbt to extinguish Indian title and to provide some degree of military proteotion in frontier areas preoeding a large in­ flux of settlers. In Oregon, the situation was somewbat re­ versed, as a substantial number of Americans arrived before the agreement of June 15, 1846 which granted their government sole title south of the 49th parallel.2 Only after that date oould serious steps be taken toward alleviating Indian-white oonflicts over land, and final resolution of these oonfliots was not effeoted until several bloody years had passed in wbioh full-scale warfare and small-scale reprisals taxed the efforts of the Indian bureau, the army, and the civil govern­ ment to establish order.
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