The Willamette Valley Treaty Commission is created by the Congressional act of June 5, 1850, John P, Gaines, Beverly S. Allen and Alonzo A. Skinner appointed. They received notification about August 12, 1850 and were compensated at a rate of $8 a day and 10 cents a mile (10 cents a mile is quite good considering the Federal Rate is about 55 cents a mile now.) They are allowed to hire interpreters and the Federal office admits to not knowing much about the tribes, suggesting there are 200, 300 or 400 in the area and between “ten to twelve of them.” These estimates are wildly wrong, more likely closer to 6,000 Native people in western Oregon, and of the Kalapuyans alone about 800 people. There are also 60 to 100 tribes in all of Oregon at this time. But the Indian office admits they are likely inaccurate and that the commission has lots of discretion.
Of culture the Indian office lists fishing, hunting, getting supplies from Hudsons Bay Company and much trade with the British traders. The Indian office notes that the “inhabitants” meaning the white settlers have had to make settlements and improvement with the tribes and that they cannot claim a “perfect title” in the land they occupy. They are clearly asking for the US to step in and take all of the land and titles from the tribes. Therefore “the object of the government is to extinguish the title of the Indians to all the lands lying west of the Cascade Mountains: and if possible to the East of the Mountains.” They are to as best as possible leave “the country free for settlement by the whites.” They are to write treaties first with the tribes near or at the white settlements (probably to assuage the complaining white settlers). They are to make up their own minds as to the price to be paid for the land, but it is assumed the land is of low value, although there may be land of greater value and so greater rates may be allowed. They suggest 10 cents an acre. (After adding up all treaty funds the US paid less than 1 cent per acre for all lands.) Payments are to be made by annuities (annual payments) but that payment in goods should be offered, and those that serve in some way the course of settlement ie: agriculture, blacksmithery, mechanics, farmers to educate the Indians, physicians etc.
The commissioners are directed to remove the tribes East of the Mountains. This last stipulation suggests that the Indian office knew exactly what lands were better for white settlers, those west of the Cascades. Money was to be given for treaty signing gifts, $20,000 is proposed, and presents equally to $5,000. Gaines is placed in charge of the treasury of the board, $15,000 is to be deposited in a bank in San Francisco. A secretary to the board can be appointed at a rate of $5 a day and 10 cents a mile. (Letter of A.S. Loughery Acting Commissioner (Indian Affairs) Oct 25, 1850)
In previous published literature, Anson Dart, Indian Superintendent for Oregon gets the credit for the 1851 treaties. This is inaccurate. Dart does take over the duties of Treaty negotiator in late May 1851. Dart appear to have targeted the duties of the commission for himself. His duties were to keep the peace, keep the tribes away from alcohol and make sure they purchase supplies from American merchants not HBC. Dart makes an argument to the Commisioner of Indian affairs that since the commissioners are not agents of the US government that cannot negotiate on behalf of the US to purchase lands. Dart’s argument wins and he “gains” the duties of the commission and is working in the capacity by the end of May 1851.
The one other context to mention is the passage of the Oregon Land Claim act (Allotment-in-severalty) 27 September 1850. This act of Congress gave white American families the right to claim 640 acres (pre-1850), or one mile square allotments for free and 320 acres after 1850. The settlers must remain on the land for 5 years to prove up on it and they get the titles. As well, previous settler claims are also certified. But if you will notice, the date of the Oregon Land Claim act and that of the WVTC do not align well, the land claim act being passed well before the Federal government began negotiating treaties. The US does not own any land titles in Oregon in 1850, they only have an assumptive ownership and therefore the OLCA should have been declared illegal or unconstitutional. But since the tribes had no way to sue the US government even if they know they could or could act as one body, the assumptive claim of the US becomes the reality.
Beverly S. Allen- Lawyer from Tennessee, appointed to the Willamette Valley Treaty Commission by Millard Fillmore, March 8, 1851 (Journal of the Executive Proceedings of the Senate of the United States of America, Volume 8: 322). Commissioners were picked from members of the Whig party who had emigrated to Oregon (Stuart Banner, Possessing the Pacific: Land, Settlers, and Indigenous People from Australia to Alaska:244). Boxberger writes: “Beverly S. Allen received his commission in August 1850 and arrived in Oregon in February 1851.” Following following the dissolution of the WVTC in late May 1851 he returned to Carroll Co. Tennessee. Allen disappears from Oregon sources, and he appears again in Tennessee practicing law. He also served in the state legislature on Tennessee.
John P. Gaines of Kentucky. Governor of Oregon (October 2, 1849 (appointment) August 18, 1850 (oath of office)- May 16, 1853) and initially appointed by Zachary Taylor but confirmed by Millard Fillmore (some sources mention successor appointment), Gaines served a term in Congress for Kentucky and failed to be reelected. Gaines served as a volunteer in the War of 1812, then after his time in Congress enlisted and served as a major in the war in Mexico. He is captured and is released when the US wins the war. Gaines travels to Oregon by sailing ship and arrives August 14, 1850 on the Columbia. His late arrival causes the appointment of Kintzing Prichette Secretary of the Oregon Territory, as Temporary Governor, due to the abrupt resignation of Joe Lane June 18, 1850. Prichette served until August 18 and Gaines taking the oath of office. Gaines’ journey by ship around South America causes the loss of two daughters to Yellow Fever in Brazil, which may be the cause of the delay in his arrival to Oregon. After losing a political battle to Joseph Lane, Gaines settles in Quartzville, Oregon. He dies of Typhoid fever in 1857 and is buried in the Old Pioneer cemetery in Salem. Gaines was responsible during his time as Governor of certifying the capital of Oregon be Salem, rather than Corvallis.
Alonzo A. Skinner, a Lawyer From Putnam Co. Ohio. He arrives in Oregon in 1845 after appointment by Provisional Governor Abernethy to Circuit Court Judge. Following the dissolution of the WVTC Skinner is made an Indian Agent for the Rogue River Valley. A brief attempt at politics has him defeated by Joe Lane in 1853. In 1866 he is appointed to the Oregon Supreme court. He eventually moves to Coos and is appointed Collector of Customs at Coos Bay. He dies in 1877 in Santa Cruz, Ca. (See Bancroft notes for Skinner bio).
Staff of the commission (later)
George Gibbs
Edmund Starling
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