of the legality of the grant. To his inquiries Governor
Abernethy replied that the organic law of Oregon did not
limit settlement to any part of the territory, and although
it might be impolitic to occupy the lands of friendly
Indians, there could be no impropriety in occupying those
of the murderers, provided the party taking possession
were strong enough to hold it and maintain peace. He
desired, in case this plan should be carried out, that the
lands and improvements of the Presbyterian missions
should be reserved. The governor, therefore, approved
the scheme, 20 which, indeed, from a particular point of
view was a military necessity. But it certainly conflicted
with the statement several times iterated to the Cay uses
and Nez Percés that it was individuals whom the govern
ment sought to punish, and not the nation. It was true
the conduct of the nation in sheltering its guilty members
gave a color of right to the act; but such nice distinctions
were not familiar to the savage mind. The very thing
was about to happen which the Cayuses had killed Whit
man to prevent, namely, the settlement of their lands by
white people. The governor s sanction being obtained, a
proclamation appeared in the Spectator of July thirteenth,
under the title of " Forfeiture of the Cayuse Lands," with
a eulogy intended to promote their settlement.
When Lee was at The Dalles he gave notice to the Catholic missionaries engaged at that time in erecting buildings for a mission, that none should be established by any denomination until the presence of the United States troops in the country should make it safe and proper. They desisted, but Rev. Rosseau remained, and cultivated a farm, without teaching openly. The oblate father returned to the Yakima country, keeping very quiet; and the bishop of Walla Walla wandered about the country with the unsettled Cayuses. In this manner they held their ground.
Fort Lee was left in charge of Lieutenant Alexander T.
20 Oregon Archives, MS. 930, 939.
