USA > Oregon > History of Oregon, Vol. I, 1834-1848 > Part 31
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Abernethy's Letter, in Gray's Hist. Or., 269.
298
ORGANIZATION OF PROVISIONAL GOVERNMENT.
was danger that such an organization, being Ameri- can, might enact laws depriving him of his property rights south of the Columbia. Plainly the most pru- dent course he could follow was to avoid the issue if possible until the two governments claiming jurisdic- tion had settled the matter. It was with this end in view that he, directly or indirectly, influenced the Canadians to reject the overtures of the American settlers. This they did in a formal reply, evidently prepared by Blanchet, which though written in very imperfect English, sufficiently explains the views of the French settlers. They professed cordial senti- ments toward the Americans and the gentlemen who had invited them to participate in forming a govern- ment, and declared that they were in favor of certain regulations for the protection of persons and property, and were willing to yield obedience to the officers chosen at the meeting of February 18, 1841,8 although they did not approve of all their measures. They declined to address a petition to the United States, as solicited, until the boundary should be established. They were opposed to the land law in contemplation by the supporters of the government scheme, because they had no guaranty that all would not be changed by the succeeding government. They objected to a provisional form of government as being cumbersome instead of helpful to the colony. Men of laws and science, they said, were still few in the country, and had enough to do without legislating.
8 The answer of the Canadians as it appears in the Oregon Archives, MS., is not dated; but it is addressed to 'The meeting at Champoeg, March 4, 1843,' which shows that there was an appointment for that date, when their answer was expected; and as, owing to the population being scattered over a large area, with slow and difficult modes of communication, it was the custom to make appointments months in advance, to allow time for the people to consider the matter proposed, and prepare their opinions, the invitation was probably given late in the previous year. McLoughlin says, in his Private Papers, MS., 2d ser. 7, that a formal proposition was made to the Canadian settlers in the spring of 1842, to unite with the Americans; but on comparing this with other authorities, I am convinced it was in the autumn of 1842. Another evidence is, that the address of the Canadians refers to the 'measures taken last year,' which could only mean the choosing of a judge and other officers in 1841.
299
ATTITUDE OF THE FRENCH SETTLERS.
They proposed, however, that a council or senate be chosen for the judgment of offenses, except capital ones, and to make suitable regulations for the people ; that the council be elected and composed of members from all parts of the country to constitute a parlia- ment, the president of the council and another men- ber being empowered to act as justices of the peace in each county, with the privilege on the part of the people to appeal causes to the whole council. The members, they said, should be influenced by a desire for the public good, and not for their own gain. Tax- ation they pronounced inexpedient, and especially onerous to new arrivals in the colony ; and they would not consent to be taxed. As to militia, they declared it needless, and the occasion of suspicion to the natives, as well as a hinderance to necessary labor and an ex- pense to the people. The country, they contended, was open to all nations, until its sovereignty should be determined, and people might settle in it without being called upon to declare to what government they would give allegiance in the future. They desired to be in unison with all respectable citizens, or else to be left free to make such regulations as appeared most necessary to themselves, until the coming of some law- ful authority, to which they would cheerfully submit. While they did not forget that some laws might be profitably adopted even then, they held that the more laws there were the greater the opportunity for roguery and for subsequent changes which might not be profit- able. Besides, in a new country the more men en- ployed and paid by the public the fewer remained for industry. The address concluded with the assurance that none could be more desirous of the peace, pros- perity, and liberties of the colony than themselves, and with good wishes for "all those who are or may become our fellow-countrymen."9
" Grover's Or. Archives, 14-15. Unfortunately for the perfect continuity of history, the Oregon Archives do not contain either the invitation which called out this answer, or the proceedings of the meeting at Champoeg of the 4th
300
ORGANIZATION OF PROVISIONAL GOVERNMENT.
Although McLoughlin had taken no open part in these proceedings, he was naturally and rightly sup- posed by the rebuked and offended originators of the provisional government idea to be responsible for the attitude taken by the French settlers, and a feeling of hatred toward him had much to do with the drawing- up of the Shortess-Abernethy petition, the history of which has already been given.
Meetings were likewise held in other parts of the colony; one at the Oregon Institute, where Gray resided, being ostensibly called for the purpose of devising means of protecting the herds of the country from wild animals,10 but really as a device by which the settlers, French and American, might be brought together, and the plan of a provisional government broached.11 The minutes of the meeting occupy less than half a page, the only business accomplished being the appointing by Babcock, the chairman, of a com- mittee of six, to give notice of a general meeting to be held at the house of Joseph Gervais on Monday the 6th of March.
of March, to which it was addressed. Gray, Hist. Or., 273, says that he is sure this address was not brought before any public meeting of the settlers. This suggests an explanation of the absence of records touching this portion of the proceedings of the missionaries, namely, that when they found these reasonable objections of the Canadians so well stated, they quietly suppressed their reply so that it might not affect the feeling of the American settlers, whom they had more hope of bringing over. A compilation of the public documents of the provisional government of Oregon was made in 1853 by Lafayette Grover, by order of the legislative assembly. Here is what Grover says about his work: In the 'preparation for publication of the Oregon Archives, the com- missioner has met with many obstacles to the perfect success and early com- pletion of the important work assigned him. Within the proper depository of the public papers he had not been able to find entire and satisfactory records of all that, he is satisfied, has transpired in Oregon of a public, gen- eral nature, and which would be of eminent historic importance. In this case, he has spared no pains to search out from other authentic and reliable resources all such information as would fill existing blanks or furnish suffi- cient explanation of seeming discrepancies and wants.' Preface to Grover's Or. Archives.
10 ' When we came here the wolves ate up many horses-fourteen for one company. Cattle would fight them, but horses would run, and the wolves would run them down.' Waldo's Critiques, MS., 11. Parrish also remarks upon the loss of stock of every kind by panthers, wolves, and cougars. Or. Anec- dotes, MS., 99. White speaks of being driven into a tree by wolves, and of being rescued by his wife and hired man. Ten Years in Or., 88-9.
11 Applegate remarks: 'It is new to me that Gray was a prime mover in this matter.' Marginal notes in Hist. Or., 264.
301
THE WOLF ORGANIZATION.
Gervais had always been the active helper and friend of the Methodist Mission, of which he was a sort of lay member; and it was customary to hold meetings of a religious or secular nature at his house, which was a convenient centre of business for the settlers, about half-way between Salem and Cham- poeg. As almost every settler had suffered from the ravages of wild beasts, the meeting was fully attended. James O'Neil was chosen chairman, and George W. Le Breton secretary. The business for which the people had come together was conducted to a satis- factory conclusion ; a bounty being fixed for every species of animal killed. A committee was appointed to receive the proofs, a treasurer chosen, and regula- tions were established. The association thus formed was known as the ' Wolf Organization,' and was what it purported to be, a measure for the protection of domestic animals.
At the close of the day's business a resolution was offered and passed, "that a committee be appointed to take into consideration the propriety of taking measures for the civil and military protection of this colony," and another that it should consist of twelve persons, who were accordingly chosen. The choice of the meeting fell on I. L. Babcock, Elijah White, James O'Neil, Robert Shortess, Robert Newell, Étienne Lucier, Joseph Gervais, Thomas J. Hubbard,12 W. H. Gray, Sidney Smith, and George Gay. The passage of this resolution was brought about by considerable manœuvring, Le Breton and Smith being previously employed to ascertain who could be relied upon to sup- port it. Moreover it is hinted that certain men, notably the clergy, were absent through prearrangement, lest their presence should alarm the settlers, who were not in favor of a government by the missionaries.13
12 Some new names appear on the journal, J. C. Bridges, McRoy Torn, Barnaby, and Martin, though the latter may have been H. Martin who came to the country in 1840, and of whom not much is known. Bridges went to California with the immigrants of 1842, a few weeks later.
13 W. H. Gray is responsible for these statements. In 1870 he published a History of Oregon from 1792 to 1849; a book of 624 pages; sold by subscription,
302
ORGANIZATION OF PROVISIONAL GOVERNMENT.
The caution used not to provoke opposition .s ap- parent in the wording of the resolution itself, which only proposes to consider the propriety of taking measures. But the committee, or those of them who were managing the business under the direction of the Mission, held stated meetings, at which they dis- cussed more than anything else the question of how to make a governor, and whom to place in that posi- tion. They also drew up a report which was an acceptance of a form of provisional government, and a list of the officers they proposed to the people to elect. In the mean time the subject was skilfully agitated among the settlers, French and American, who were convinced that an organization was inevi- table, and taught to believe that unless they would be ruled entirely by the missionary class, they must take the matter of the proposed government into their own hands. Among other arguments urged was the attitude of the natives in the interior, the need of a military organization, and the benefit to be derived from having a land law. These were the ruling mo- tives with the American settlers; but that they did not influence the Canadians to any great extent, their
in Portland, San Francisco, and New York. As a book of reference, when compared with other authorities, the work is valuable, containing many facts and important documents. It has, however, three faults --- lack of arrangement, acrimonious partisanship, and disregard of truth. A notable instance of its mendacity is the dramatic account given of Whitman's visit to the United States, its cause and purpose, and the alleged instrumentality of Whitman in raising the emigration of 1843, almost the whole of which must be relegated to the domain of fiction. Gray had a popular style of writing, however, as is shown by the reluctance of the public to give him up as an authority even after fair examination by critics had shown him to be unreliable. He is charged by Robert Newell with resorting to his imagination in giving the history of the proceedings of the early provisional government. See Strictures on Gray, in Portland Democratic Herald, Oct. 1866, et seq., in which Newell repays with interest some of Gray's rather broad caricatures of him. Criticisms of Gray's History, on the ground of unfairness, may be found in the writings of several of his contemporaries, viz. : Moss' Pioneer Times, MS., 16, 17; Crawford's Mis- sionaries, MS., 8; White's Early Government, MS., 40; Waldo's Critiques, MS., 4; Roberts' Recollections, MS., 17; Tolmie's Puget Sound, MS., 24-5; and in the writings of Evans, Victor, Strong, Blanchet, Burnett, and Applegate. As an exhibition of the feeling entertained by certain persons in Oregon 40 years ago, toward the subjects of Great Britain, and professors of the Catholic faith, it is striking, though perhaps somewhat overdrawn, and is all the more im- pressive in that the writer speaks as if those past days were still present to him.
303
THE CHAMPOEG CONVENTION.
formal address is evidence. However, if there was to be a government, the latter wished to share its bene- fits, and anxiously conferred on the subject among themselves. The time being now ripe for action, the committee called a mass-meeting, to be held on the 2d of May at Champoeg, to hear their report.
On the appointed day, about an equal number of French and American settlers being assembled, the meeting was organized in the open air by the election of Ira L. Babcock as president, and Le Breton, Gray, and Willson as secretaries. The report of the com- mittee was then read, and of course proved to be in favor of a political organization, to continue in force until the United States should establish a territorial government. This, on a motion to accept, was thought to be rejected on the first vote, when considerable confusion followed, occasioned by the speaker being unable to determine on which side was the majority.14 The ayes and noes being called for, there was still a doubt, when Le Breton moved that the meeting divide in order to be counted. Gray seconded the motion, and the order was given for those in favor of organization to file to the right, while the opposite party took the left.
The first to step to the right was Joseph L. Meek, his splendid figure clad in the ragged habiliments common to the improvident mountain men.15 With a sparkling eye, a voice of command, and the air of a major-general, the hero of many wild adventures in the Rocky Mountains stepped to a niche in history as he strode to his position, crying out, "Who's for a divide! All in favor of the report and of an organ- ization follow me !"
Meek could always influence his comrades, and several took their places in his column, but half an hour elapsed, with some sharp remarks on both sides,
14 Evans' Newell's Strictures on Gray, p. 4-a compilation of Newell's articles in the Portland Democratic Herald, 1866.
15 Burnett says that Meek wore a rich vest of white silk, while the remain- der of his clothing was exceedingly shabby. Recollections of a Pioneer, 160.
304
ORGANIZATION OF PROVISIONAL GOVERNMENT.
before the count could be taken. When every man had at length decided, it was found that a small ma- jority were in favor of organizing a temporary govern- ment. Not quite half the Americans voted for the organization, and but for the aid of a few Canadians who were friendly to the missionaries, the victory would have been on the other side.16
The dissenters having withdrawn, the report of the committee was taken up and disposed of, article by article. The result of the proceedings was the elec- tion upon the spot of the following officers: A. E. Wilson, supreme judge with probate powers; G. W. Le Breton, clerk of the court, or recorder ; J. L. Meek, sheriff; W. H. Willson, treasurer; Hugh Burns, L. H. Judson, Charles Campo, and A. T. Smith, magis- trates; G. W. Ebberts, Reuben Lewis, J. C. Bridges, and F. X. Matthieu, constables; John Howard, major ; Wm McCarty, C. McRoy, and Sidney Smith, captains ; David Hill, Robert Shortess, Robert Newell, Alanson Beers, Thomas J. Hubbard, W.H. Gray, James O'Neil, Robert Moore, and Wm M. Doty, were chosen to con- stitute a legislative committee, whose duty it was to draught a code of laws for the government of the colony. The legislative committee were required to complete their work in six days, and had their salaries fixed at a dollar and a quarter a day, the money to be raised by subscription. The 5th of July was appointed for receiving the report of the committee.
The object for which so much striving and schem- ing had been carried on for two years was at last accomplished. The people had consented to a provis- ional government. By judiciously keeping out of sight
16 The journal in the archives says that there was a ' large majority. Gray says two; Newell, five. Gray also says that none of the Canadians present voted for the organization; but Newell names Gervais, Lucier, Billique, Ber- nier, Donpierre, and Latourette, who did so, besides some others. Gervais and Lucier were on the committee, and could not have voted otherwise. It is probable, therefore, that Newell's account is correct. J. L. Parrish, in his Or. Anecdotes, MS. admits that Latourette voted with those in favor of a government.
305
LEGISLATIVE PROCEEDINGS.
the cost of the experiment, by yielding the point of taxes, and promising to get along without a governor, the missionary party had won the day. It was only, however, by encouraging the settlers to believe that it was their own government that this success was secured. J. S. Griffin was suggested as a member of the legislative committee, but his nomination was opposed on the ground that clergymen should have nothing to do with making secular laws, as their call- ing disqualified them from fully comprehending the wants of the community. They had been tried and found wanting. They had thus far controlled the affairs of the colony, but failed of the objects of gov- ernment, which were the protection of the people.
The legislative committee held their sessions on the 16th, 17th, 18th, and 19th of May, and the 27th and 28th of June, Moore acting as chairman, and Le Breton as clerk. Their deliberations were carried on with open doors, in an unoccupied granary belonging to the old Mission. Few of them had any experience in legislation, and few books on law existed in the country.17 Moore, the chairman, and Shortess were better informed than their colleagues, though Gray, Newell, Hill, and O'Neil were active in suggesting what ought to be done. Gray, Shortess, and Newell prepared the rules for the business of the house, which were adopted. The following committees were then appointed : judiciary, Beers, Hubbard, and Shortess; ways and means, Shortess, O'Neil, and Doty ; military affairs, Hubbard, Newell, and Gray; land claims, Shortess, Doty, and Hill. A committee on the division of the country into districts, consisting of Gray, Doty, and Beers, was also formed. This com- pleted the labors of the first day. Of the deliberations of the legislative body only the barest skeleton is in existence. Newell relates that Gray wished the speeches taken down by the clerk, and advocated
17 Strong's Hist. Or., MS., 61.
HIST. OR., VOL. I. 20
306
ORGANIZATION OF PROVISIONAL GOVERNMENT.
a movement to declare Oregon independent of the United States, a measure which Newell opposed in another speech, and which was defeated by one vote.18 On the other hand, Gray relates that Newell offered a resolution that a committee be appointed to pre- pare a paper for the signatures of all persons wish- ing an organization, as if he still doubted the will of the people on the subject. Perhaps this resolution was intended to settle the question of an independent government.
However these forensic contests may have origi- nated or been supported, the work progressed well and was completed in the prescribed time. The judiciary committee, which was embodied in Shortess, finished the organic laws; the other committees per- formed their work, and the whole was submitted to the people on the 5th of July at Champoeg. Among the usual exercises on the 4th was an oration delivered by Hines, who, while dwelling on the glorious deeds of the founders of the republic of the United States, was careful, in view of the work to be done on the morrow, to avoid offending the proper pride of the other nationalities present.
At an early hour on the 5th the meeting was opened. In the absence of Babcock, chairman of the meeting of May 2d, Hines was called to preside ; Robert Moore, chairman of the legislative committee, then presented his report, which being read by the clerk, Le Breton, was accepted, and the adoption of article after article begun.19
18 Evans' Newell's Strictures on Gray's Hist. Or., 6. If Gray did not advo- cate an independent government at this time, it is certain that there were those who did, as well among the Americans as the British subjects. See Hines' Oregon Hist., 422.
19 Report of the legislative committee upon the judiciary. The legislative committee recommended that the following laws upon judiciary be accepted: 'Sec. I. We, the people of Oregon Territory, for purposes of mutual pro- tection, and to secure peace and prosperity among ourselves, agree to adopt the following laws and regulations, until such time as the United States of America extend their jurisdiction over us. Be it therefore enacted, by the free citizens of Oregon Territory, that the said territory, for purposes of temporary government, be divided into not less than 3, nor more than 5, districts; subject to be extended to a greater number, when an increase
30
ENACTMENT OF LAWS.
The minutes of the meeting show that a son of John McLoughlin named Joseph McLoughlin, who lived on a farm in the Willamette Valley, moved the adoption of Article I., L. H. Judson, of Article II.,
of population shall require it. For the purpose of fixing the principles of civil and religious liberty, as the basis of all laws and constitutions of gov- ernment that may hereafter be adopted. Be it enacted, that the following articles be considered as articles of compact, among the free citizens of this territory.
'Art. 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious senti- ments.
'Art. 2. The inhabitants of said territory shall always be entitled to the benefits of the writ of habeas corpus, and trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings, according to the course of common law. All persons shall be bailable, unless for the capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate, and no cruel or unusual punishments inflicted. No man shall be deprived of his liberty but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of the rights and property, it is understood and declared that no law ought ever to be made, or have force in said territory, that shall in any manner interfere with or affect private contracts, or engage- ments, bona fide, without fraud, previously formed.
'Art. 3. Religion, morality, and knowledge, being necessary to good gov- ernment and the happiness of mankind, schools and the means of education shall be forever encouraged. The utmost good faith shall always be observed towards the Indians. Their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars, author- ized by the representatives of the people; but laws founded in justice and humanity shall from time to time be made for preventing injustice being done to them, and for preserving peace and friendship with them.
'Art. 4. There shall be neither slavery nor involuntary servitude in said territory, otherwise than for the punishment of crimes whereof the party shall have been duly convicted.
'Sec. II., Art. 1. Be it enacted by the authority aforesaid, that the officers elected on the 2d of May, inst., shall continue in office until the second Tues- day in May 1844, and until others are elected and qualified.
'Art. 2. Be it further enacted, that an election of civil and military offi- cers shall be held annually, on the second Tuesday in May, in the several districts of such places as shall be designated by law.
'Art. 3. Each officer heretofore elected, or hereafter to be elected, shall, before entering upon the duties of his office, take an oath or affirmation, to support the laws of the territory, and faithfully discharge the duties of his office.
'Art. 4. Every free male descendant of a white man of the age of 21 years and upwards, who shall have been an inhabitant of this territory at the time of its organization, shall be entitled to vote at the election of officers, civil and military, and be eligible to any office in the territory- provided, that all persons of the description entitled to vote by the provisions of this section, who shall have emigrated to this country after organization, shall be entitled to the rights of citizens after having resided 6 months in the territory.
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