Page:History of Oregon volume 1.djvu/790

Rh unteers was again made, to remain at Fort Waters until the middle of September, and upon the promise of Thompson and others that they would return with their families by that time to settle in the Walla Walla Valley, it was successful. Lee after returning to Oregon City wrote to Governor Abernethy for an expression of his opinion as to the legality and propriety of his action. "If the course to which I am pledged," said he, "be not a violation of any law or any principle of our organic compact, will you sanction the proceedings, and give to the promised instrument the benefit of authority and of your approbation?"

This proceeding of Lee's which had an air of combining the military with the Indian department to a degree not compatible with his constant assurances to the Cayuses that the murderers were to be punished as individuals, and not as a nation, and to the Nez Perces that no white people would be permitted to settle in their country without their consent, found a ready coadjutor in the governor. To the inquiries of Lee, he replied that the organic law did not limit settlers to any part of Oregon, and although it might be impolitic to occupy the lands of friendly Indians east of the mountains, at that time^ there could be no impropriety in occupying the county of the murderers, provided the party taking possession were strong enough to hold it and maintain peace. The only reservation he asked them to make was of the lands and improvements of the Presbyterian board, to which the missionaries might wish to return and lay claim, together with their other property, before