There is a very significant phrase in the Shortess petition, which indicates that the conspiracy to deprive Dr. McLoughlin of his land claim had its inception before that time. In this petition, after saying that Dr. McLoughlin did not own his Oregon City land claim, it is said "and which we hope he never will own." This phrase is omitted in the copy of the Shortess petition in Gray's History of Oregon and in Brown's Political History of Oregon.[40] This phrase is referred to in Thurston's speech of December 26, 1850, as justifying his actions in giving Dr. McLoughlin's land claim to Oregon for an university.[41] I shall not discuss some of the allegations of this petition, as they are trivial and unimportant. This petition was given to W. C. Sutton to be taken to Washington. Dr. McLoughlin applied to Shortess for a copy of this petition, but the request was refused.
Land Laws of the Provisional Government.
As I have stated, in July, 1843, the Provisional Government went into effect. Its land laws were purposely framed against Dr. McLoughlin's claim, and in favor of the Methodist Mission. These land laws allowed any person, without regard to citizenship, who was then holding or wished to establish a land claim in Oregon, not exceeding 640 acres, "in a square or oblong form, according to the natural situation of the premises," to have such land claim. Those in possession were allowed one year in which to file a description of the claim in the Recorder's office. Dr. McLoughlin filed his description in 1843. The survey was made by Jesse Applegate in 1843. The record is now in the office of the Secretary of State at Salem, Oregon. In having this survey made Dr. McLoughlin had it extend only about half way from the falls to the Clackamas River and so as to include not more than six hundred and forty acres. He abandoned that part of his original claim extending between his new north line and the Clackamas River.
Article 4 of these land laws of 1843 was the one intended to deprive Dr. McLoughlin of his claim. It was as follows: "Art. 4. No person shall be entitled to hold such a claim upon city or town sites, extensive water privileges, or other situations necessary for the transaction of mercantile or manufacturing operations, to the detriment of the community: Provided, that nothing in these laws shall be so construed as to effect any claim of any mission of a religious character, made previous to this time, of an extent of not more than six miles square." This land law was amended in July, 1845. The only material change, so far as is necessary for the purposes of this monograph, was that said Section 4 of the land laws of 1843 was repealed. It was after the repeal of the objectionable and unfair Section 4 of the land laws of 1843 that Dr. McLoughlin for himself and the Hudson's Bay Company joined the Provisional Government.
Dr. McLoughlin's Naturalization.
After Dr. McLoughlin sent his resignation to the Hudson's Bay Company, in 1845, he determined to become a citizen of the United States. In 1845 he consulted with Peter H. Burnett, then Chief-Justice of the Provisional Government, and with Jesse Applegate, about taking the oath of allegiance to the United States, and taking out his first naturalization papers, but Burnett had no authority from the United States, or other jurisdiction, to administer such an oath (or to issue such papers) and so advised Dr. McLoughlin. Although this matter was well known in Oregon, it gave Dr. McLoughlin's enemies a chance to say that he was a British subject, and had not taken the oath of allegiance to the United States, nor applied to become a citizen of the United States. August 14, 1848, the bill establishing the Territory of Oregon became a law. March 2, 1849, General Joseph Lane, the first Territorial Governor of Oregon, arrived at Oregon City. March 3, 1849, he issued his proclamation assuming charge as governor. Soon after the Territory of Oregon was organized and courts of the United States established. The assignment of Judges to their respective districts was made May 13, 1849. May 30, 1849, Dr. McLoughlin took the oath and made his declaration to become a citizen of the United States, as required by the naturalization law. So he acted with promptness. This was well known in Oregon at the time. Dr. McLoughlin voted at Oregon City at the first general election held in June, 1849, but he did not vote for Thurston as delegate to Congress, which Thurston knew. Under the act of Congress, organizing Oregon as a territory, all aliens who had declared, on oath, their intentions to become citizens of the United States, and taken an oath to support the Constitution of the United States and the provisions of the act establishing the Territorial Government of Oregon, were entitled to vote at the first election. Dr. McLoughlin became a citizen of the United States, at Oregon City, September 5, 1851. The naturalization law then allowed an alien to become a citizen of the United States two years after taking the oath and making his declaration, if he had lived in the United States for five years. His witnesses were A. L. Lovejoy, A. A. Skinner, and Theodore Magruder. His admission to citizenship was based on his said oath and declaration of May 30, 1849.
Conspiracy against Dr. McLoughlin.