USA > Oregon > History of Oregon, Vol. I, 1834-1848 > Part 60
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In the apportionment of the legislature, Champoeg had five members, or two more than any other coun- ty, and would probably secure the election. There- fore the resolution was not cordially received by the citizens of Clackamas County, who chiefly composed the meeting ; and it became evident at once that party spirit would be developed in colonial politics as it had never been before. The resolution of McCarver was amended by P. G. Stewart, who wished the delegates instructed to draught a memorial to congress; and Mr T'Vault embodied the several suggestions in one reso- lution, to the effect that it was the duty of the colonists to petition congress to relieve their wants, and that in order to obtain unanimity, a convention should be held at Oregon City on the 2d of November for the
1 Or. Spectator, Sept. 17, 1846.
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purpose of draughting memorials, which should be circu- lated for the people to sign, and to devise means of forwarding the same, whether by delegate or other- wise; the inhabitants of the several counties being requested to hold meetings therein for that purpose. They then adjourned to the 10th of October.
At the appointed time it was apparent why a dele- gate to congress was so much desired by certain persons, and what certain other persons would require him to do in their interest. After resolving that Clackamas County should have five delegates in the convention, D. Stewart broached the subject that congress should be asked to make reservations, first of the falls of the Willamette, with the land one mile in extent on every side of this water power; together with Fort Vancouver, Fort Nisqually, Cape Disap- pointment,2 and the Cascade Falls of the Columbia; thereby preventing British subjects who held land at these places under the colonial land law, which con- gress would be asked to approve, from deriving any benefit from their claims. The resolution was so modified, however, as to partially obscure their inten- tion, and congress was requested to reserve all water- falls, capes, and town sites, the proceeds to be applied to the improvement of the bays, rivers, and roads in the territory ; thus making a benefit apparently accrue from it to the country. In this form the resolution was adopted by the meeting ; and after discussing the proposal of a delegate, the meeting again adjourned to the 15th.
The subject of this resolution coming up at the meeting of the 15th, it was so amended as to make the proceeds of each town site produce a fund for the benefit of public schools and local improvements, when P. G. Stewart proposed to insert " so far as they can do the same without interfering with private rights," which excited warm discussion. The amend-
2 The land at Cape Disappointment was owned by Ogden, who purchased it of previous claimant in February 1846. Or. Spectator, Feb. 19, 1846.
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CONVENTION CALLED.
ment being finally adopted and the resolution put to vote, it was lost by fourteen to twenty-two. Six del- egates to the convention were then chosen, and the meeting adjourned amidst excitement and efforts by the minority to obtain a hearing.3
When the convention met according to appointment at Oregon City, three counties only were represented, Champoeg by W. J. Bailey, J. Sanders, Joseph Barnaby, and F. Bernia, all from French Prairie; Tualatin by Hugh Burns and Robert Moore, each owners of town sites ; Clackamas by Samuel McSwain, Philip Foster, H. Wright, H. M. Knighton, S. S. White, and J. McCormick, each wanting a slice of Oregon City. The first resolution offered was by Bailey, and declared that the meeting viewed with indignation and contempt the unwarrantable, unjust, and obnoxious efforts of certain individuals, at a pre- vious meeting in Oregon City, to deprive citizens of their rights, through a memorial to congress to reserve town sites, water-falls, and capes that had been settled for years, and were at that time rapidly advancing in value by improvement.
This was followed by another from Mr Burns, who resolved that the convention had full confidence in the constituted authority, the legislature, as the proper body to memorialize congress on matters touching the wants of the territory, and recommended the legisla- ture to petition the government of the United States to allow the land law to remain under its present form, according to the organic compact of Oregon.
At this stage of the proceedings a motion to adjourn sine die was made by one of the Oregon City delegates, which was rejected, and Robert Moore offered a resolu- tion declaring that it was the sense of the convention that it was highly improper to meddle with the rights
3 As nearly as can be gathered from the resolutions and amendments offered at these several meetings in Oregon City, D. Stewart, James Taylor, S. S. White, and M. M. McCarver were responsible for the resolution concerning government reservations, though how much they were influenced can only be conjectured. P. G. Stewart earnestly resisted the movement.
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or locations of the inhabitants of the territory, such interference being detrimental to the growth, pros- perity, and interests of the country. Bailey followed with another, recommending the legislature to em- body in its memorial that claim-jumpers, or persons interfering with the rights of others touching land claims, should be debarred from receiving any land or donation in the territory.
Once more one of the Oregon City delegation made a motion to adjourn, which was rejected; and Moore again resolved that the convention considered it un- necessary to obey the mandates of the agitators of the late movement to memorialize congress, or to send a delegate or messenger to that body ; after which Burns moved that the proceedings of the convention be signed by the president and secretary, and published in the Spectator, the motion being carried.4 The adoption of each of these resolutions, so opposite to the intention of the movers of the convention, was effected by the delegates of the other counties voting solidly against the Oregon City delegates, whose number, six, was reduced to five by making one of themselves, P. Foster, chairman of the convention. Thus ingloriously ended the first attempt to devise means to evict British claimants under the organic law Two days later came the news of the settlement of the boundary question, in anticipation of which these measures had been taken, but the full tenor of which was unknown for several months afterward.
In the mean while the legislature met,5 and con-
4 Or. Spectator, Nov. 26, 1846.
5 The members of the house of representatives for 1846 were, for Clackamas, A. L. Lovejoy, W. G. T'Vault, Hiram Straight; Tualatin, Joseph L. Meek, D. H. Lownsdale, Lawrence Hall; Yamhill, A. J. Hembree; Clatsop, George Summers; Vancouver, Henry N. Peers; Lewis, W. F. Tolmie; Champoeg, Angus McDonald, Jesse Looney, A. Chamberlain, Robert Newell; Polk, Boone, Williams. There were several of the name of Boone or Boon in the territory, and I can find nothing to guide me in determining which of either family this was, for his name is spelled without the final e in the house journal, and with it in the Spectator, and in neither place are the initials given. The same concern- ing Williams, to whose identity there is no clew. Tolmie was from Fort Nis- qually, and Peers from Vancouver. Angus McDonald was another British subject. A. L. Lovejoy was elected speaker.
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JUDICIARY COMMITTEE.
gress was memorialized, the governor having left it to the members of the legislature whether, in view of the probability that the laws of the United States would soon be extended over the territory, they should attempt legislation any further than to confirm appointments, fill vacancies, and make necessary ap- propriations.6 They preferred to continue the regular business of the session, during which they passed sev- eral important laws. Among others, one reorganizing the judicial system, by which the several counties were formed into one circuit that should be presided over by a judge commissioned by the governor, and who should hold his office two years, with a salary of eight hundred dollars, to be paid quarterly out of the ter- ritorial treasury. These circuit courts were given original jurisdiction of civil suits of whatever nature, and of criminal cases occurring in their respective counties, and were to exercise the same control over all matters of law and equity that the county courts had done; the criminal court was abolished; county judges were to be elected by the people, the appoint- ing power being taken away from the governor, except in case of vacancies; a probate court was provided for the several counties, to be presided over by the president of the county courts; and several minor changes effected.
The committee on judiciary consisted of T'Vault, Tolmie, and Looney. Tolmie was opposed to altering the judiciary organization, in view of the expected change in territorial affairs, but was overruled by the legislature, which was not to be deprived of the glory of making laws to govern, even for a brief period, the conduct of colonial affairs, nor was their work less creditable than that of their predecessors.7 A. A. Skinner, an immigrant of 1845, was elected circuit judge by the legislature; and the office of territorial secretary, vacated by the death of John E. Long, was
6 Grover's Or. Archives, 159.
7 Or. Spectator, Dec. 24, 1846.
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filled by Frederick Prigg; H. M. Knighton was elected marshal; John H. Couch, treasurer ;8 George W. Bell, auditor; and Theophilus McGruder, territorial re- corder. The organic law concerning partnerships in land of "two or more persons" was amended by re- pealing the words "or more;" a measure which had been much discussed previously, as a means of break- ing the monopoly of the fur company and the missions, as well as of other speculators. By an act regulating weights and measures the imperial bushel of the Hud- son's Bay Company, so much complained of, was abolished.
All these acts, though good and proper, did not in- terest the people as did the memorial, about which so much had been said. The committee first chosen by the legislature to frame this important document was composed of Hall, Peers, Summers, McDonald, and Boone. Their joint production was placed in the hands of a revisory committee consisting of T'Vault, Summers, and Peers; and finally was remodelled by Peers, who was a man of good parts, and a writer of considerable ability, whose verses sometimes graced the columns of the Spectator, so that at the last the American petition to the congress of the United States was penned by a British subject.9 That the colonists' interests were not less happily represented the memo- rial shows for itself.
After respectfully soliciting the attention of con- gress to their wants, the proud position which Oregon would soon occupy before the world was briefly men- · tioned, and reference made to the flattering report of the congressional committee on post-offices and roads for 1846, in which the climate, soil, and other advan- tages of the country west of the Rocky Mountains were said to be correctly set forth; from which it would seem that Oregon was "destined soon to be- come a central point of commerce and happiness."
8 Couch soon resigned and W. K. Kilborn was appointed.
' Or. Spectator, Dec. 24, 1846.
607
MEMORIAL TO CONGRESS.
Proceeding to the expression of their wants, the state- ment was made that bread-stuffs could on short notice be supplied to the amount of five thousand barrels of flour, and should a demand arise, salt beef and pork could be furnished to the amount of two thousand barrels-low estimates, it was declared, especially with regard to flour, which, were a market opened, could be greatly increased in quantity. Lumber could be furnished in abundance; and tar and pitch manu- factured if required. Flax and hemp had been suc- cessfully cultivated in small quantities, and could be made articles of export.
This paragraph was a bid for contracts to furnish the vessels of the United States, and all American vessels in the Pacific; the purchasing of supplies at Vancouver by the commander of the Shark having been a subject of complaint on the part of the colonists, who thought it the duty of the government to patron- ize and encourage Oregon industry, in spite of the fact that American merchants required twelve per cent more for their goods than British merchants.
Congress was next deferentially reminded that the settlers of Oregon had been induced to make the diffi- cult journey to Oregon and cultivate its fertile fields by the promise of the government that their homes should be secured to them ; and they therefore thought they had a right to expect a grant of land; and not only they, but those who should come after them for the next few years. Their claims already taken were made under the organic law of the territory, and pro- vided that any person might hold six hundred and forty acres of land. These claims they asked to have confirmed to them, in the same shape in which they were located.
They asked also that the insurmountable barriers which in new countries always presented themselves to the general diffusion of education, upon which were founded the principles of the republican government of the United States (whose extension over them-
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selves they prayerfully awaited), might be in part re- moved by the liberality and wisdom of the government in making grants of land for that purpose.
The navigation of the Columbia and the risk to merchant vessels in crossing the bar were next alluded to, and congress was petitioned for a steam tow-boat which would remove these difficulties and dangers, at all seasons of the year; and of information on the subject of the intricacies of the river-channels, the prevailing winds, and strength of the current and tides, it was politely presumed that congress was in- formed, though that was far enough from the truth.
And finally an expression of wonder and admiration was indulged in, that a project so grand as that of the national railroad to the Pacific should have been proposed to congress. That such a road should be built they declared was obvious, particularly to those who had travelled from the United States to Oregon. And although it might be years before the great high- way would be completed, yet they would look with anxiety for its commencement.
These subjects, the memorial declared, were the most important to the well-being of Oregon, and they prayed that congress would meet their wishes in a manner which should redound to the peace and pros- perity of all interested, and the furtherance of an attachment to the government of the United States which should cease only with their existence.10
In this rather tame but perfectly proper manner was congress memorialized by its chosen representa- tives. They wanted a market, a donation of land, a tug-boat, schools, and a highway to the Pacific; and solicited the help of the government to procure these things. No provision was made for sending a dele- gate to congress; but the address was prepared in triplicate, one copy to be sent to California and one to the Islands by the bark Toulon, to await the first opportunity of being forwarded to Washington, while
10 Or. Spectator, Dec. 24, 1846.
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NEWS OF THE TREATY.
the third was reserved to be carried overland in the spring by W. Finley, who was returning to the States.
Months passed away after the first news of the treaty without bringing any message from the govern- ment of the United States to eagerly expectant Ore- gon. In February the Spectator gave expression to the disappointment of the people, who it said had "expected and expected until they were heart-sick." There was indeed a feverish state of anxiety, for which there was no very justifiable cause, which arose chiefly from the desire of every man to receive some direct benefit from the change so long desired. There was now no fear of war with England; California was secured,11 and was already seeking supplies from Oregon ;12 the crop of 1846 had been abundant, and there was promise of still greater abundance in the coming harvest. The health of the colony was excel- lent, and improvements were being made on every side with encouraging rapidity. But many persons were dissatisfied at the tardiness of the government in furnishing them with titles to their land claims; many were covetous of the possessions of others, and some had trouble to defend their rights against ag- gression, for there were those holding themselves in readiness to seize the lands of the Hudson's Bay and. Puget Sound companies as soon as the terms of the treaty should be made known.
When the terms became known, what a falling of high hopes was there! The government confirmed the company in their possessory rights; there was no need to memorialize congress to reserve town sites and.
11 About 50 persons emigrated from Oregon to California in the spring of 1847, and among them James Marshall, the discoverer of gold in 1848, Cap- tain Charles Bennett, who also worked with him at Sutter's mill, and Stephen Staats. Bennett and Staats returned to Oregon. Or. Spectator, June 10, 1847. 12 C. E. Pickett wrote from California to Burnett, McCarver, Ford, and Waldo, that 20,000 barrels of flour and several thousand bushels of seed- wheat, besides lumber, potatoes, and butter, were wanted in that country, all of which would bring high prices; lumber $50 per M .; butter 50c. to 62c. per lb .; potatoes $2.50 per bushel, and flour $15 to $17 per barrel. Id.
HIST. OR., VOL. I. 39
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water-falls now; their disappointment was complete; the indignation of the schemers knew no bounds. And then began an ill-suppressed rebellion which vaunted itself in threats of an independent empire to be made out of California and Oregon,13 which never could be more than idle threats-for opposed to them was always the wise and loyal majority.
And while all this seething discontent arose from not being able to get rid of the possessory rights of the British companies, the Canadian settlers of the Cowlitz Valley, to the disturbance of good discipline, were imitating the ways of loyal Americans and pray- ing to be made citizens of the United States, for by this means only they could secure their claims.14 On the 23d of March, while the Modeste was still in the river, the Canadians of Lewis County raised the American flag, made by Canadian women, at a public meeting, and resolutions were passed declaring their joy at being permitted to fling to the breeze the star- spangled banner of their adopted country, which they promised to protect from harm as long as they should live, and to gladly perform any service which the United States might require of good naturalized citizens. 15
Finding themselves prevented by the treaty from invading the lands of the two British corporations, the disaffected made themselves amends by trespass- ing upon the private claim of McLoughlin, who brought suit in the circuit court of Clackamas County against the corporation of Oregon City, and published a notice forbidding trespassers upon his land. Much excitement grew out of the proceedings, and a public meeting was held at this place te denounce the prac-
13 Home Missionary, xx. 20.
14 Roberts complains of the demoralizing effect on the Canadians of the donation law, both in fact and in expectancy. It made the servants of the company restless and independent, and destroyed their former systematic obedience. This, he says, with the duties on imported goods, and the dis- covery of gold, ruined the company's business in Oregon long before the expiration of their charter. Recollections, MS., 81.
15 Or. Spectator, April 1, 1847.
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ELECTION OF GOVERNOR.
tice of claim-jumping, as this form of trespass was popularly designated, at which over a hundred and fifty persons signed a strong protest. The resolutions declared that the meeting regarded any action calcu- lated to prejudice the claim of any cititzen who had complied with the laws, as a violation of the good faith of the community and deserving the reprobation of all honorable men ; that the organic compact, though it might be avoided by some technicality, was made to secure the rights of every citizen " not incompatible or incongruous with the rights of reservation of the United States government; " that every man engaged in the movement assailing the rights of citizens was to be regarded as a disorganizer, whose conduct weakened the golden bond of society, and gave occa- sion to mob violence; that all persons who, upon small points, advised trespassing, should be held equally guilty with the offenders ; that in view of the approach- ing jurisdiction of the United States they pledged themselves to maintain the supremacy of the existing laws until that time; and that they would vote for no man for any public office who should be directly or indirectly connected with the form of trespass called claim-jumping.
Other meetings followed, at which speeches were made against trespass, and more names appended to the pledge, both in Oregon City and elsewhere. Among others, Lewis County sent over fifty names. To the ordinary judgment appearances indicated that the spirit as well as the letter of the law was to be ob- served, and that no one's rights would be infringed. But the cunning brain framing the resolutions had saved his honor by the introduction of the innocent- looking proviso which promised not to interfere with the right of the government to reserve.
Notwithstanding the expected territorial organiza- tion, canvassing for the different candidates for offices under the provisional government went on with more
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POLITICS AND PROGRESS.
than ordinary spirit. Abernethy and Lovejoy were the popular candidates for governor.16
The June election came round, and still no news from the United States except a few excerpts from newspapers copied first into the Polynesian, and from that into the Spectator. Congress had evidently for- gotten them, or was treating them with silent con- tempt. They would go on with their own affairs as if congress did not exist. The contest for the guber- natorial office was close. In the Willamette Valley Lovejoy had a small majority, but when the returns from Lewis County came in, Abernethy had sixteen votes over his opponent, and was really elected by the Canadian voters.17
Governor Abernethy was a native of Aberdeen, Scotland, though reared under American institutions. He has been called a good governor by men of all parties; and so far as being discreet, temperate in speech, and careful not to offend the popular opinion, whether religious or political, he is deserving of this judgment. Perhaps it was impossible to avoid censure in exciting times without being secretive and design- ing; Abernethy was both. The most odious word that could be applied to a Protestant in those days was that of Jesuit; yet Protestant and Methodist Abernethy possessed all the traits usually ascribed by a Protestant to a Jesuit. He was courteous, smooth,
16 Dr Presley Welch announced himself as a candidate, but received no votes.
17 The representatives elected were: from Clackamas, J. M. Wair, S. S. White; Champoeg, Robert Newell, A. Chamberlain, W. H. Rees, W. H. Rector, Anderson Cox; Tualatin, Ralph Wilcox, J. L. Meek, David Hill; Yamhill, L. A. Rice, Lewis Rogers, A. J. Hembree; Polk, J. W. Nesmith, M. A. Ford, St Clair; Vancouver, Henry N. Peers; Lewis County, S. Plo- mondon; Clatsop, John Robinson. Justices of the peace elected in the sev- eral counties south of the Columbia were: Joseph Hull, Columbus Wheeler, F. X. Matthieu, Morgan Keyes, Rice Dunbar, Barton Lee, D. T. Lennox, C. D. Smith, John Rowland, William Dawson, D. D. Bailey, John Rounds, James Howard, James Taylor, David Ingalls, A. H. Thompson; north of the Columbia: Richard Lane, R. R. Thompson, John White, Jacob Wooley, S. B. Crockett, J. R. Jackson. County assessors: E. B. Comfort, S. C. Morris, Thomas Leggett, John W. Champ, William Ryan, M. Brock. County treasurers: John H. Couch, David Waldo, Amos Harvey, N. Ford, R. W. Morrison, A. L. Lewis, James Birnie. Or. Spectator, July 22, 1847.
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THE AMERICAN AND MISSIONARY PARTIES.
and silent, but implacable. He could treat with seem . ing openness a man who differed from him in opinion, or who competed with him for the public money or favor, while scheming against him, and entertaining for him a holy hatred. Withal he hated Catholics; and it was through these combined qualities that he was reëlected, while the majority of American voters preferred Lovejoy.
Abernethy was nominally the head of the Amer- ican party as it had been when there was a Hudson's Bay party. No such association as the latter now existed, because the British inhabitants were polit- ically fused with the Americans, and most of them were only waiting for an opportunity to become citi- zens of the United States. But the real American party was now, what it had been in the first days of the provisional government, opposed both to the for- eign corporations and the Methodist Mission. That he could be elected, entertaining sentiments adverse to the free American as well as the foreign corpora- tions, was owing to the qualities named. From this time for several years, the only parties in Oregon were the American and missionary, the governor belonging to the latter.
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