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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.