USA > Oregon > History of Oregon, Vol. I, 1834-1848 > Part 48
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'Although such has been the result, thus far, of our temporary union of interests, though we, the citizens of the United States, have had no cause to complain either of exaction or oppression at the hands of the subjects of Great Britain, but on the contrary it is but just to say that their conduct toward us has been most friendly, liberal, and philanthropic, yet we fear a longer con- tinuance of the present state of things is not to be expected-our temporary government being limited in its efficiency, and crippled in its powers by the paramount duty we owe to our respective governments-our revenue being inadequate to its support-and the almost total absence, apart from the Hud- son's Bay Company, of the means of defence against the Indians, which recent occurrences led us to fear entertain hostile feelings towards the citizens of the
HIST. OR., VOL. I. 31
482
AMENDMENT OF THE ORGANIC LAWS.
considerable talent in this committee, and it was to be expected that this paper would be better in many respects than those usually issuing from backwoods legislation. And such was the case. The docu- ment, so different in matter, tone, and expression even from those which had preceded it during the reign of missionary influence, though crude, was the
United States. Your memorialists would further inform your honorable body that while the subjects of Great Britain, through the agency of the Hudson's Bay Company, are amply provided with all the munitions of war, and can afford by means of their numerous fortifications ample protection for them- selves and their property, the citizens of the United States are scattered over a wide extent of territory, without a single place of refuge, and within them- selves almost entirely destitute of every means of defence. Your memorialists would further crave your indulgence to remark that Great Britain has, by ex- tending her criminal code to this country, guaranteed every British subject, claiming his birthright, a legitimate trial by the laws of his country. We, as citizens of the United States, having neither the military protection of our government, nor the extension to us of the civil laws of our country, are forced to the enactment and execution of laws not authorized, and, for what we know, never will be sanctioned, by our government. Your memorialists would further call the attention of your honorable body to the fact that, as citizens of the United States, we labor under the greatest commercial disadvantages. We have neither ships of war nor of commerce, nor any navigation of the rivers of the interior, and for want of adequate protection, no private cap- italist among us can establish a successful competition with a wealthy and powerful monopoly, possessing all the appliances of commerce, and all the influence over the natives by an early establishment among them. We are, therefore, dependent for a market for a large and increasing surplus, and for nearly all our supplies, upon a single company, which holds the market under its control.
' Your memorialists, with a view to remedy the grievances under which they labor, pray the national congress to establish a distinct territorial govern- ment, to embrace Oregon and its adjacent sex-coasts. We pray for adequate means of protection from the numerous Indian tribes which surround us; for the purchase of territories which they are willing to sell; and for agents with authority to regulate intercourse between whites and Indians, and between Indian tribes. That donations of lands may be made according to the in- ducements held out to us by the passage of a bill through the United States senate, at the second session of the 27th congress, entitled "A bill to authorize the adoption of measures for the occupation and settlement of the territory of Oregon, for extending certain portions of the laws of the United States over the same, and for other purposes." That navy-yards and marine depots may be established on the River Columbia and upon Puget's Sound, and a naval force adequate to our protection be kept permanently in the adjacent seas. We pray for the establishment of such commercial regulations as may enable us to trade in our own territory, at least on an equality with non- resident foreigners. We pray that adequate military protection be given to emigrants coming to us, either by the establishment of posts upon the route or by military escort. And we pray that in the event you deem it inexpedient as a measure, or contrary to the spirit of existing treaties, to establish a ter- ritorial government in Oregon, that you extend to us adequate military and naval protection, so as to place us at least upon a par with other occupants of the country. That a public mail be established to arrive and depart monthly from Oregon City and Independence (Mo.), and such other local
483
THE MESSENGER.
most dignified communication yet emanating from any Oregon public body.24 The memorial to congress was given to White to be carried to Washington, immediately upon its being signed by all the officials in the colony, together with a copy of the amended organic law. The turn which affairs had taken in Oregon, as well as in Washington where there was a new administration, had seriously damaged White's hopes of office; and no funds had been placed at his disposal with which to reimburse himself, or his cred- itors at Vancouver, for expenditures in the Indian service ; and he determined to proceed to the national capital for an adjustment of his accounts, if not to ask to be returned to Oregon as governor when congress should be ready to erect a territory in that quarter.25 White's path was by no means smooth. "Influence here is most important," he sighed. And in order to
routes be established as are essential to the Willamette country and other settlements.
' For the granting of which your memorialists will ever pray.
' OSBORNE RUSSELL,
' PETER G. STEWART,
'Executive Committee.
'J. W. NESMITH, Judge of Circuit Court.
' M. M. McCARVER, Speaker.
'JESSE APPLEGATE,
H. A. G. LEE,
' MEDARD G. FOISY, BARTON LEE,
'W. H. GRAY, JOHN MCCLURE,
J. M. GARRISON, ROBERT NEWELL,
' ABIJAH HENDRICKS, HIRAM STRAIGHT,
' DAVID HILL, ' Members of Legislative Committee. 'Done at Oregon City, 28th June, 1845. Or. Archives, MS., 76-83. 'Attest: J. E. LONG, Clerk.'
This memorial, as it appears on page 24 of the Congressional Globe, 1845-6, differs from the above in having the paragraph concerning mails inserted between those on the navy and commerce; and in having the name of J. W. Smith, which is lacking in the above copy, inserted between those of Newell and Straight; and also in the spelling of the speaker's name, which is incor- rect in the Globe.
24 Thomas H. Benton remarked upon it that it was drawn up in a manner creditable to the body by which it was presented, to the talents by which it was dictated, and the patriotic sentiments which pervaded it; and the appli- cation was worthy of a favorable consideration for its moderation, reasonable- ness, and justice. As the best means of spreading the contents of this petition before the country, and doing honor to the ability and enterprise of those who presented it, he moved that it be read at the bar of the senate. Cong. Globe, 1845-6, 24. It was read, and ordered printed. Evans' Hist. Or., MS., 283-4.
25 Clyman says in his Diary, MS., 101: 'Spent the day in writing an answer to some queries propounded by Dr White, who leaves for the States in the hope of obtaining the gubernatorial chair.'
.
484
AMENDMENT OF THE ORGANIC LAWS.
secure that useful commodity, as well as the more tangible one of $2,000 subscribed by citizens on con- dition of finding a good pass for the coming immigra- tion, he formed the plan of exploring for a road leading from the Willamette Valley through the Cascade Mountains to the plains of eastern Oregon, which should avoid the hardships of the trail round Mount Hood and the passage down the Columbia River. On the 12th of July, accompanied by Joseph Gale, Bap- tiste Du Guerre, John Edmonds, Orris Brown, Moses Harris, Joseph Charles Saxton of the last immigra- tion, and two others, he set out on an expedition along the foothills of the Cascade Range to the southern end of the Willamette Valley, finding no pass through the mountains to the east. While at the head of the valley he ascended, with Du Guerre, a prominent peak or butte in the foothills, which he named after the secretary of war, Mount Spencer.
Returning to the north along the west side of the valley, he sought to compensate himself for the dis- appointment by discovering a path through the Coast Range to the sea, at Yaquina Bay, after which he hastened back to Oregon City, and reported truthfully enough to the legislature, then in session, his failure and his partial success in " bringing ship navigation with all the products of the ocean within two days' drive with ox-teams of the centre of the valley," 26 for which he received the thanks of that body,27 together with a resolution recommending to the favorable considera- tion of congress his just claims for a remuneration for the expense incurred in the expedition. The Oregon Spectator, the first newspaper published in Oregon, and owned and controlled principally by the former members of the Methodist Mission, mentions White's exploit with much favor,28 and says he meant to find a road into the Willamette by a route formerly travelled
26 White's Report, in Or. Archives, MS., 87-94.
27 Grover's Or. Archives, 103.
38 See Spectator, Jan. 21, 1847.
485
RECONSIDERATION.
by the fur company's trappers, leading from the Mal- heur or Powder River across the mountains, by Mount Jefferson. Had no revelations been made subsequent to the legislative indorsement of what was supposed to be a sincere endeavor to benefit the colony, the cham- pionship of the Spectator would not be out of place.
But among the letters White carried was one by Lovejoy to the secretary of war anticipating White's success, and speaking of the discovery of a pass which was to save two or three hundred miles in distance of the worst portion of the emigrant road, besides avoid- ing the dangers of the Snake and Columbia rivers, as a fact already accomplished, though the letter was written four days before the expedition started, and probably in the expectation that White would avail himself of the pass he meant to discover to shorten his own road to Washington. Instead of this, how- ever, he was obliged to return and take the Columbia River route; but he did not feel himself bound to sur- render the recommendations to the United States government founded on his anticipated services to the coming immigration, and all subsequent ones. It began to be whispered that the expedition had been a fraudulent pretence, intended only to create a claim on the government,23 and the report was rife that all the testimonials secured, either from the legislature or other persons in high positions, would be used to for- ward his designs upon the first office in the colony.
During the month occupied in the tour of the Willamette Valley, the memorial and organic law, as first prepared and signed, had been in the possession of White, the name of Speaker McCarver not having yet been attached to the latter, because he was opposed to the adoption of the amended organic law, which supplanted the laws of the legislature of 1844, of which he was a prominent member as well as speaker. On White's return, Applegate, wishing
29 White received from congress $486.52} for his expenses on this explor- ing tour. Concise View, 65.
486
AMENDMENT OF THE ORGANIC LAWS.
to have some resolutions attached, reclaimed the documents from him,30 during which time McCarver clandestinely added his name as speaker of the house to the objectionable organic law.
White had no sooner started on his long-deferred journey than Barton Lee offered a resolution expos- ing the secret action of McCarver, disapproving it, and declaring that the house were under the humili- ating necessity of signifying their displeasure to the United States government by causing the resolution to accompany the other documents. The discussion occasioned by this discovery and the explanation of McCarver ended in the house passing another resolu- tion to despatch a messenger to Vancouver to bring back the documents in order to have McCarver's sig- nature properly attested, and a second one that the speaker, having signed certain documents from a mis- taken sense of duty, and not from contumacy or con- tempt, should be required to follow White to Van- couver and erase his name from the organic law and from two resolutions in favor of White. From this requirement he was, however, excused. While reso- lutions were in order, Applegate offered one declaring that it was not the intention of the house, in passing the above-named resolves, to recommend White to the United States government as a suitable person to fill any office in Oregon; with another that an attested copy should be forwarded to Washington. Mean- while, the messenger who had been despatched to bring back the memorial and organic law had over- taken White's party and presented the order of the house. But unwilling to risk any changes being
30 The resolutions were to the effect that the adoption of the organic law by the people of Oregon was an act of necessity rather than choice, intended to give them the protection which their government should have extended to them, and not an act of defiance or disregard of the laws of the United States; and that in establishing a territorial government, congress should legalize their acts so far as they were in accordance with the constitution of the United States. Also that White be requested to furnish a copy of the organic law to congress, said copy being indorsed with the above resolutions. Grover's Or. Archives, 106.
487
EXIT WHITE.
made in the resolutions, White declined to relinquish them, returning instead the following epistle :
"To the Honorable, etc .- Gentlemen: Being on my way, and having but a moment to reflect, I have been at much of a loss which of your two resolutions most to respect, or which to obey; but at length have become satisfied that the first was taken most soberly, and, as it answers my purpose best, I pledge myself to adhere strictly to that. Sincerely wishing you good luck in legislating, I am, dear sirs, very respectfully yours, E. WHITE."
This saucy defiance of the legislative body of Ore- gon marked the disappearance of White from colonial politics. The resolutions last passed, declaring him not a proper person to fill any office in the country, together with the changes which had occurred in Washington, utterly defeated all aspirations in that direction,31 although he had the temporary distinc- tion of being treated like a delegate from the provis- ional government, while the duplicate copies of the legislative documents, with their appended injurious
31 White's adventures in crossing the plains with his small party consisting of Harris, Edmonds, Brown, Saxton, Du Guerre, Chapman, and another un- known man, are briefly given in his Ten Years in Oregon. See also Niles' Reg., lxix. 224. Slight as is the narrative, I think it may safely be inferred that the unfortunate attempt of a portion of the immigration of this year to make a road up the Malheur River, and into the upper part of the Willamette Val- ley, was the result of his advice. Certain it is that he met all the different companies, and talked with them, and had he advised them not to attempt a new route, they would have obeyed him. Had they succeeded in finding one, he would have taken to himself the credit of giving the information.
White returned to the Pacafic coast in 1861, as a special Indian agent under Lincoln's administration, a position obtained by representing himself as better acquainted with Indian affairs than any man in the department of the west. He did not long hold the unnecessary office, and failing at Baker Bay, where he endeavored to build a town called Pacific City, finally settled in San Francisco, where he died in March 1879, as before stated. He was thoroughly disliked by the western men who assumed the direction of Oregon affairs, for what they termed his smooth-tongued duplicity. That he was a sycophant to a certain extent is true. His character is revealed in a single sentence of his own concerning his reception in Washington by the Missouri delegation, to whom he was instructed to report. 'He returned to his lodg- ings, scarcely repressing a smile at the seeming importance a four years' residence in the Oregon woods had given him.' Ten Years in Or., 316. Not- withstanding his faults, it cannot be said that he was ever an enemy to good order or good government. See p. 291, note 34, this volume.
4SS
AMENDMENT OF THE ORGANIC LAWS.
resolutions, were taken the longer passage by sea to Washington.
Upon the reassembling of the legislative body, Governor Abernethy, who had but recently returned from the Hawaiian Islands, sent in his first message. It referred to the adoption of the amended organic law, and the duty of the members to make their legis- lation conform to it; adverted to the insufficiency of the revenue, recommended taxing farms as well as cattle and merchandise, and made some suggestions with regard to regulating the time of holding courts. 32
Owing to the refusal of McCarver to sign the docu- ment to be sent to Washington, there was a disposi- tion to ignore his rights as speaker, and a ballot was taken, which resulted in eight votes for Gray and only one for McCarver. The protest of the speaker was met by a resolution by Applegate asking him to resign. Both proceedings were reconsidered the same day, and on the third McCarver, by a motion of Gar- rison, was restored to his office,33 but tendered his res- ignation. Gray, who desired the speakership, voted that he be allowed to resign, but the motion being
32 The most peculiar suggestion contained in the executive message was . one concerning indebtedness. To prevent litigation arising from the facility of obtaining credit in the colony, he recommended the passage of a law which would prevent the collection of all debts or notes taken for debts con- tracted after its passage, by judicial process. This, he argued, would save the time and labor of the courts, and make all persons more careful as to the disposal of their property, and more punctual in the payment of debts, since if they failed once, they could expect no further favors. Allowances would be made for a man who was in misfortune, but the debtor who could pay and would not would soon find himself shunned. Some further recommenda- tions concerning the best means of securing an effective militia, and the means of establishing common schools and building school-houses, concluded the message. Or. Archives, MS., 31-6.
33 Applegate remarks that McCarver was found of talking, and to prevent him from taking up too much time, they made him speaker. Gray says he obtained the sobriquet of 'Old Brass Gun.' Hist. Or., 376. Roberts men- tions the same thing. There are several anecdotes of McCarver. One is that when the first California con. conv., of which he was member, was in session, a proposition was inade to establish the northern boundary so as to take in the Rogue River Valley; when McCarver sprang to his feet, and exclaimed, ' Mr President, as a citizen of Oregon, I protest against the segregation of that territory;' whereupon the Californians named him 'the member from Oregon.'
489
THE 'PEACOCK'S' LAUNCH
withdrawn, at the request of Applegate, McCarver withdrew his resignation, and matters went on more smoothly.
A resolution of Applegate's, that the people of Oregon were not, in the opinion of the house, morally or legally bound by any acts of their officers or agents not expressly sanctioned by the instrument by virtue of which they had their official existence; and fur- ther, that the house could not assume in behalf of the people the payment of any debt, or the refunding of any funds borrowed, or otherwise unlawfully con- tracted or obtained, without first obtaining the con- sent of the people 34-was adopted in a committee of the whole, three members, Gray, Foisy, and Straight, protesting formally on the ground that such expres- sions by the legislature tended to destroy the confi- dence of the people in their agents.35 Applegate, who was determined that the temporary government should not be made a burden, but a blessing to the colonists, cared little for so flimsy a protest, well knowing that the people could discern who were guarding their interests.
Ever since the departure of the United States ex- ploring expedition, there had been a feeling of dissatis- faction in the minds of the American colonists on ac- count of the disposition made of the Peacock's launch by Wilkes, which became stronger as the political hori- zon grew darker, and as the needs of the colonists for all the means of the transportation were more pressing.
McClure of Astoria offered a resolution that a com- mittee of three should be appointed to wait on Mc-
3+ Grover's Or. Archives, 93. This resolution appears to have been aimed at the disposition made of the estate of Ewing Young by the legislature of 1844. It was, however, in consonance with the spirit of a resolution by Gar- rison at the previous session, that the legislature had no right to tax the peo- ple without previously having obtained their consent, and which was adopted. Perhaps the suggestion of the governor that farms should be taxed as well as merchandise and live-stook was also referred to, the opposition to taxing land being very strong among the settlers.
35 Grover's Or. Archives, 98-9; Gray's Hist. Or., 429.
490
AMENDMENT OF THE ORGANIC LAWS.
Longhlin, to ascertain whether the launch could be given up to the provisional government, provided said government became responsible for its safe keeping and delivery to the United States authorities when demanded; to which inquiry McLoughlin returned a refusal to deliver the boat without an order from Wilkes or from the government of the United States. Gray pretends that the effect of Applegate's resolution was such as to produce this refusal, by destroying the credit of the provisional government with the Hudson's Bay Company; as if the company were retaining the launch for security! Gray was not unaware when he penned this absurd statement that McLoughlin pub- lished in the fourth number of the Oregon Spectator the letter of Lieutenant Wilkes to him, enjoining upon him to have the launch kept at Fort George, under the special care of the company, to be used for the sole purpose of affording relief or aid to all ves- sels requiring assistance of any kind or pilots for bringing in vessels, until called for by some person authorized by him or by the government of the United States to receive it.
As a member of the body carrying on the corre- spondence, Gray must have known that the answer actually returned was, that it would afford him, Mc- Loughlin, great pleasure to meet the wishes of the Oregon government, and to give up the boat on the conditions proposed, provided the government would take the necessary measures to cause the launch to be employed only for the purpose for which it was left with him, namely, to visit vessels and afford them as- sistance when in distress; that he could not, consist- ently with his respect for the flag that covered her, consent to her being employed in any other service. 36 But it appears from the correspondence that no such pledge as the doctor required was given, and he de- clined to relinquish his trust.37
36 Or. Archives, MS., 68-9.
37 From a mutilated letter in the Or. Archives, MS., the following is taken: 'I have the honor to acknowledge the receipt of the resolucion left at
491
IOWA CODE.
At the third session of the legislature, in Decem- ber, an act was passed authorizing the governor "to take charge of, refit, and employ the launch in ac- cordance with the conditions of Lieutenant Wilkes." In compliance with these legislative proceedings, Gov- ernor Abernethy addressed a letter to McLoughlin, enclosing a copy of the act which authorized him to take possession of the launch, and to request Mc- Loughlin to deliver to him the anchor, cables, oars, sails, and all other parts of her rigging left with him. In case of refusal to deliver up these articles, the governor was to proceed to purchase materials, and have the boat immediately put in repair "for any service the territory may require." 38
McLoughlin's answer to the governor was still the same, that he "could only deliver the articles belong- ing to the Peacock's launch on receipt of an order from the government of the United States, or from Captain Wilkes." 39 The subject of the possession of the Peacock's boat threatened to become a serious one.40 The Oregon legislature acted upon the prin- ciple that they, for the people of the colony, had a right to any United States property, on the ground of their citizenship, and jealously demanded that such property should be wrested from the hands in which it had been placed; though by doing so, not having the means to put it in repair, and employ a proper officer and seamen, it would be rendered useless in the capacity for which it was intended. The matter was finally settled by McLoughlin placing the boat in the hands of Lieutenant Howison of the United States
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