USA > Oregon > History of Oregon, Vol. II, 1848-1888 > Part 35
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Commissions were issued to George K. Sheil, as- sistant adjutant-general, John McCraeken, assistant quartermaster-general, and Vietor Trevitt, commissary and quartermaster. A request was despatched to Vancouver, to Bonneville, to ask from the United States arms, ammunition, and stores with which to supply the volunteer companies, which Bonneville re- fused, saying that in his opinion a winter campaign was neither necessary nor practicable. Nesmith be- ing of like opinion, the governor withdrew his call for volunteers.
When the legislative assembly convened, the gov- ernor placed before them all the information he pos- sessed on Indian affairs, whereupon a joint committee was appointed to consider the question. Lane had already been informed of the occurrences in the Boisé country, but a resolution was adopted instructing the governor to correspond with General Wool and Colonel Bonneville in relation to the means available for an expedition against the Shoshones. The total foree then in the Pacific department was 1,200, dra- goons, artillery, and infantry; of which nine compa-
347
WAR FORCES.
nies of infantry, 335 strong, were stationed in Ore- gon and Washington, and others were under orders for the Pacific.
Governor Davis had written Wool of anticipated difficulties in the south; whereupon the latter in- structed Captain Smith to reënforce his squadron with the detachment of horse lately under command of Colonel Wright, and with them to proceed to Klamath Lake to render such assistance as the immi- gration should require. About a month later he re- ported to General Thomas that he had called Smith's attention to the matter, and that he was informed that all necessary measures had been taken to prevent dis- turbances on the emigrant road.
In congress the passage of the army bill failed this year, though a section was smuggled into the appro- priation bill adding two regiments of infantry and two of cavalry to the existing force, and authorizing the president, by the consent of the senate, to appoint one brigadier general. It was further provided that arms should be distributed to the militia of the terri- tories, under regulations prescribed by the president, according to the act of 1808 arming the militia of the states. No special provision was made for the protection of the north-west coast, and Oregon was left to meet the impending conflict as best it might.
CHAPTER XIV.
GOVERNMENT AND GENERAL DEVELOPMENT.
1854-1855.
RESIGNATION OF GOVERNOR DAVIS-HIS SUCCESSOR, GEORGE LAW CURRY- LEGISLATIVE PROCEEDINGS-WASTE OF CONGRESSIONAL APPROPRIA- TIONS-STATE HOUSE-PENITENTIARY-RELOCATION OF THE CAPITAL AND UNIVERSITY-LEGISLATIVE AND CONGRESSIONAL ACTS RELAT VE THERETO-MORE COUNTIES MADE-FINANCES-TERRITORIAL CONVEN- TION-NEWSPAPERS-THE SLAVERY SENTIMENT-POLITICS OF THE PE- RIOD-WHIGS, DEMOCRATS, AND KNOW-NOTHINGS-A NEW PARTY- INDIAN AFFAIRS-TREATIES EAST OF THE CASCADE MOUNTAINS.
IN August 1854 Governor Davis resigned. There was no fault to be found with him, except that he was imported from the east. In resigning, he gave as a reason his domestic affairs. He was tendered a part- ing dinner at Salem, which was declined; and after a residence of eight months in the territory he returned to the states with a half-declared intention of making Oregon his home, but he died soon after reaching the east. Although a good man, and a democrat, he was advised to resign, that Curry might be appointed governor, which was done in November following.1
Curry was the favorite of that portion of the dem- ocratic party known as the Salem clique, and whose organ was the Statesman. He followed the States- man's lead, and it defended him and his measures, which were really its own. He was a partisan more through necessity than choice, and in his intercourse with the people he was a liberal and courteous gentle-
1 Lane's Autobiography, MS., 59; Or. Statesman, Dec. 12, 1854; Amer. Almanac, 1835-6. 1857-9.
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349
LEGISLATURE 1854-5.
man. Considering his long acquaintance with Oregon affairs, and his probity of character, he was perhaps as suitable a person for the position as could have been found in the party to which he belonged.2 He possessed the advantage of being already, through his secretaryship, well acquainted with the duties of his office, in which he was both faithful and industrious. Such was the man who was chosen to be governor of Oregon during the remaining years of its minority, and the most trying period of its existence.
The legislature met as usual the first Monday in December,3 with James K. Kelly president of the coun- cil, and L. F. Cartee, speaker of the lower house.
2 George Law Curry, born in Philadelphia, July 2, 1820, was the son of George Curry, who served as captain of the Washington Blues in the engage- ment preceding the capture of Washington city in the war of 1812; and grandson of Christopher Curry, an emigrant from England who settled in l'hiladelphia, and lies in the Christ Church burial-ground of that city. He visited the republic of Colombia when a child, and returned to the family homestead near Harrisburg, Penn. His father dying at the age of 11, he went to Boston, where he was apprenticed to a jeweler, finding time for study and literary pursuits, of which he was fond. Iu 1838 he was elected and served two terms as president of the Mechanic Apprentices' Library, upon whose records may be found many of his addresses and poems. In 1843 he removed
to St Louis, and there joined with Joseph M. Field and other theatrical and literary men in publishing the Reveille, emigrating to Oregon in 1846, after which time his history is a part of the history of the territory. His private life was without reproach, and his habits those of a man of letters. He lived to see Oregon pass safely through the trials of her probationary period to be a thriving state, and died July 28, 1878. Biography of George L. Curry, MS., 1-3; Seattle Pacific Tribune, July 31, 1878; Portland Standard, July 13, 1878; S. F. Post, July 30, 1878; Ashland Tidings, Aug. 9, 1878; Salem States- man, Aug. 2, 1878; Portland Oregonian, July 29, 1878.
$ The members elect of the council were: J. C. Peebles of Marion; J. K. Kelly, Clackamas and Wasco; Dr Cleveland of Jackson; L. W. Phelps of Linn; Dr Greer, Washington and Columbia; J. M. Fulkerson, Polk and Tillamook; John Richardson, Yamhill; A. L. Humphrey, Benton and Lane; Levi Scott, Umpqua. The lower house consisted of G. W. Coffinbury, of Clatsop; E. S. Tanner, David Logan, D. H. Belknap, Washington; A. J. Hembree, A. G. Henry, Yamhill; H. N. V. Holmes, Polk and Tillamook; I. F. M. Butler, Polk; R. B. Hinton, Wayman St Clair, Benton; L. F. Cartee, W. A. Stark- weather, A. L. Lovejoy, Clackamas; C. P. Crandall, R. C. Geer, N. Ford, Marion; Luther Elkins, Delazon Smith, Hugh Brown, Linn; A. W. Patterson, Jacob Gillespie, Lane; James F. Gazley, Douglas; Patrick Dunn, Alexander McIntire, Jackson; O. Humason, Wasco; Robert J. Ladd, Umpqua; J. B. Condon, Columbia; J. H. Foster, Coos, elected but not present. Two other names, Dunn and Walker, appear in the proceedings and reports, but no clew is given to their residence. Or. Jour. Council, 1854-5; Or. Statesman, Dec. 12, 1854. The clerks of the council were B. Genois, J. Costello, and M. C. Edwards. Sergeant-at-arms, J. K. Delashmutt; doorkeeper, J. L. Gwinn. The clerks of the lower house were Victor Trevitt, James Elkins, S. M. Hammoud. Sergeant-at-arms, G. L. Russell; doorkeeper, Blevins.
350
GOVERNMENT AND GENERAL DEVELOPMENT.
The session was begun and held in two rooms of the state house, which was so far finished as to be used for the meetings of the assembly. The principal busi- ness, after disposing of the Indian question, was con- cerning the public buildings and their location. The money for the state house was all expended, and the commissioners were in debt, while the building was still unfinished. The penitentiary fund was also nearly exhausted, while scarcely six cells of the prison were finished,4 and the contractors were bringing the gov- ernment in their debt. The university commissioners had accepted for a site five acres of land tendered by Joseph P. Friedley at Corvallis, and had let the con- tracts for building materials, but had so far only ex- pended about three thousand dollars; while the com- missioners appointed to select, protect, sell, and control the university lands had made selections amounting to 18,000 acres, or less than one township. Of this amount between 3,000 and 4,000 acres had been sold, for which over $9,000 had been realized. In this case there was no indebtedness. No action had yet been taken concerning the Oregon City claim, which was a part of the university land, but proceedings would soon be begun to test the validity of titles.5 To meet the expense of litigation, an act was passed authoriz- ing the employment of counsel, but with a proviso that in the event of congress releasing this claim to
"The territorial prisoners were placed in charge of the penitentiary com- missioners about the beginning of 1854. There were at that time three con- victs, six others being added during the year. It is shown by a memorial from the city of Portland that the territorial prisoners had been confined in the city prison, which they had set on fire and some escaped. The city claimed indemnity in $12,000, recovering $600. A temporary building was then erected by the commissioners for the confinement of those who could not be employed on the penitentiary building, some of whom were hired ont to the highest bidder. It was difficult to obtain keepers on account of the low sal- ary. It was raised at this session to $1,000 per annum, with $600 for each assistant. G. D. R. Boyd, the first keeper, received $716 for 7 months' service.
5 A memorial had been addressed to congress by Anderson of the legisla- ture of 1852-3, praying that the Oregon City claim might be released to Mc- Longhlin, and a township of land granted that would not be subject to liti- gation. Whether it was forwarded is uncertain; but if so, it produced no effect.
351
THE CAPITAL QUESTION.
McLoughlin, the money obtained from the sale of lots should be refunded out of the sale of the second township granted by congress for university purposes in the last amendment to the land law of Oregon.6 Such was the condition of the several appropriations for the benefit of the territory, at the beginning of the session.
And now began bargaining. Further appropria- tions must be obtained for the public buildings. Cor- vallis desired the capital, and the future appropria- tions. At the same time the members from southern Oregon felt that their portion of the state was entitled to a share in the distribution of the public money. An act was passed relocating the seat of government at Corvallis, and removing the university to Jackson- ville.7 It was not even pretended that the money to be spent at Jacksonville would benefit those it was intended to educate, but only that it would benefit Jackson county.8
The act which gave Corvallis the capital ordained that "every session of the legislative assembly, either general or special," should be convened at that place, and appointed a new board of commissioners to erect suitable public buildings at the new seat of govern- ment.9 Congress made a further appropriation of $27,000 for the state house, and $40,000 for the peni- tentiary, to be expended in such a manner as to in- sure completion without further aid from the United States.10 Then it began to be understood that the re- location act, not having been submitted to congress as required by the organic act, was not operative, and
6 This is an allusion to a memorial similar to Anderson's passed at the previous session.
1 Or. Laws, in Statesman, Feb. 6 and 13, 1855.
8 In the bargain between Avery and the Jackson county member, said the Statesman, the latter remarked that he 'did not expect it [the university] to remain there, but there would be about $12,000 they could expend before it could be removed, which would put up a building that would answer for a court-house.'
9 B. R. Biddle, J. S. McItuney, and Fred. Waymire constituted the new board. Or. Statesman, Feb. 6, 1855.
10 Cong. Globe, 1854-5, app. 380, 33d cong. 2d sess.
352
GOVERNMENT AND GENERAL DEVELOPMENT.
that the seat of government was not removed from Salem to Corvallis by that act, nor would it be until such times as congress should take action. Nor could the governor pay out any part of the appropriation under instructions from the legislature, except under contracts already existing. The executive office, more- over, should not be removed from Salem before con- gress should have approved the relocation act.11 So said the comptroller; but the governor's office was already removed to Corvallis when the comptroller reached this decision. The Statesman, too, which did the public printing, had obeyed the legislative enact- ment, and moved its office to the new seat of govern- ment.12
When the legislature met in the following Decem- ber, Grover introduced a bill to relocate the capital at Salem, which became a law on the 12th of De- cember, 1855. But this action was modified by the passage of an act to submit the question to the people at the next election. Before this was done, and per- haps in order that it might be done, the almost com- pleted state house, with the library and furniture, was destroyed by fire, on the night of the 30th of Decem- ber, which was the work of an incendiary. The whigs charged it upon the democrats, and the demo- crats charged it upon "some one interested in having the capital at Corvallis." 13 However that may have been, it fixed the fate of Corvallis in this regard.14 Further than this, it settled definitely the location question by exhausting the patience of the people.15
11 Or. Jour. Council, 1855-6, app. 12.
12 Corvallis had at this time a court-house, two taverns, two doctors, and several lawyers' offices, a school-house, the Statesman office, a steam saw-mill, and two churches. The methodist church was dedicated Dec. 16, 1855, G. Hines officiating. Or. Statesman, Oct. 13 and Dec. 8, 1855; Speech of Grover, in Id., Dec. 18, 1855.
13 Deady's Hist. Or., MS., 26; Grover's Pub. Life in Or., MS., 51-4; Or. Statesman, Jan. 29, 1856; Id., July 29 and Sept. 30, 1856; Or. Argus, Jan. 5, 1856; Or. Jour. House, 1855-6, app. 165-70; Armstrong's Or., 17.
14 At the election in June 1856, the votes for the capital between the prin- cipal towns stood, Portland, 1,154; Salem, 2,049; Corvallis, 1,998; Eugene, 2,316.
15 At the final election between these places the people refused to vote,
353
LEGISLATIVE PROCEEDINGS.
The legislature was reduced to the necessity of meet- ing in hired apartments for nearly twenty years before the state was able to erect a suitable structure.
The $40,000 appropriated to complete the peniten- tiary was expended on a building which should not have cost one third of the two appropriations, the state a dozen years later erecting another and better one at Salem.
To return to the legislative proceedings of 1854-5. Another partisan act of this body was the passage of a bill in which voting viva voce was substituted for voting by ballot-a blow aimed at anticipated suc- cess of the new party; and this while the Statesman made war on the anti-foreign and anti-catholic prin- ciples of the know-nothings, forgetting how zealously opposed to foreigners and catholics the first great democratic leader of Oregon, S. R. Thurston, had been. Specious reasons were presented in debate, for the adoption of the new rule, while the Statesman openly threatened to deprive of public patronage all who by the viva voce system were discovered to be opposed to democratic principles. In view of the coming election, the viva voce bill possessed much sig- nificance. It compelled every man to announce by voice, or by a ticket handed to the judge, his choice, which in either case was cried aloud. This surveillance was a severe ordeal for some who were not ready openly to part company with the democracy, and doubtless had the effect to deter many. As a coer- cive measure, it was cunningly conceived. Every whig in the house voted against it, and one third of the democrats, and in the council the majority was but two. This bill also possessed peculiar significance in view of the passage of another requiring the people to vote at the next election on the question of a
being, as the Statesman said, 'tired of the subject.' Avery, who was elected to the legislature in 1856, again endeavored to bring the subject before them, but the bill was defeated.
HIST. OR., VOL. II. 23
354
GOVERNMENT AND GENERAL DEVELOPMENT.
state constitutional convention, for which the ruling party, foreseeing that appropriations for the territory were about exhausted, was now ripe. The three measures here mentioned comprise all of the impor- tant work of the session.16
An effort was made in the election of 1854 to get some temperance men elected to the legislature, in order to secure a prohibitory liquor law; and for this purpose a third party, called the Maine-law party, had its candidates in the field. None were elected on this issue, but much opposition was aroused.17
16 Multnomah county was created at this session out of portions of Wash- ington and Clackamas, making it comprise a narrow strip lying on both sides of the Willamette, including Sauve Island, and fronting on the Columbia River, with the county-seat at Portland. The first county court was organ- ized Jan. 17, 1855; the board consisting of G. W. Vaughn, Ainslee R. Scott, and James Bybee. The bonds of Shubrick Norris, auditor, of William Mc- Millen, sheriff, and A. D. Fitch, treasurer, were presented and approved. Rooms were rented in the building of Coleman Barrell, on the corner of First and Salmon streets, for a court-house. R. B. Wilson was appointed coroner at the second meeting of the board. The first board elected at the polls was composed of David Powell, Ellis Walker, and Samuel Farman, which met July 2, 1855. The first term of the district court was held April 16th, Olney presiding. The first grand jury drawn consisted of J. S. Dickinson, Clark Hay, Felix Hicklin, K. A. Peterson, Edward Allbright, Thomas H. Stallard, William L. Chittenden, George Hamilton, William Cree, Robert Thompson, William H. Frush, Samuel Farman, William Hall, William Sherlock, W. P. Burke, Jacob Kline, Jackson Powell, John Powell. The first cause entered on the docket was Thomas V. Smith vs William H. Mor- ton, David Logan, and Mark Chinn.
An act of this legislature authorized the location of county seats by a ma- jority of votes at the annual elections. The county seat of Umpqua was thus fixed at Elkton, on the land claim of James F. Levens. An act was passed for the support of indigent insane persons. There were a number of applica- tions made to the legislature to have doubtful marriages legalized; but the judiciary committee, to whom they were referred, refused to entertain the petitions, on the ground that it was not their duty to shelter persons commit- ting crimes against the laws and public sentiment. Notwithstanding, a special act was passed in the case of John Carcy, who had a wife and children in the States, to make legitimate the children of a woman whom he had in- formally taken to wife while crossing the plains. Or. Statesman, April 3, 1855.
17 Notwithstanding the antagonism exhibited at the opening of the session, the Maine-law bill being withdrawn, an act was passed of the nature of a local- option law, requiring retail dealers, or those who wished to sell by any quan- tity less than a quart, to obtain the signatures of a majority of the legal voters in their respective precincts to petitions praying that licenses should be granted them; if in a city, the signatures of a majority of the legal voters in the ward where it was designed to sell. Before proceeding to obtain the signa- tures, the applicant was required to post notices for ten days of his intention to apply for a license, in order to afford an opportunity for remonstrances to be signed. There were two many ways of evading a law of this nature to .make it serve the purpose of prohibition, even in a temperance community;
355
DEMOCRATS AND WHIGS.
The report of the territorial auditor showed that whereas at the beginning of the present fiscal year he had found $4.28 in the treasury, at its elose, after balancing accounts, there were $68.94 on hand. The territory was in debt between $7,000 and $8,000; but the estimated revenue for the next year would be over $11,000, which would not only discharge the debt, but lessen the present rate of taxation. En- couraged by this report, the legislature made appro- priations which amounted to nearly as much as the anticipated revenue, leaving the debt of the territory but little diminished, and the rate of taxation the same-a course for which, when another legislature had been elected, they received the reproaches of their own organs. 18
There began in April 1855, with the meeting of the democratie territorial convention at Salein, a determined struggle to put down the rising influence of whig principles.19 At the first ballot for delegate to congress, Lane received fifty-three out of fifty-nine votes, the six remaining being east by Clackamas county for Pratt. A movement had been made in Linn county . to put forward Delazon Smith, but it . was prudently withdrawn on the temper of the major- ity becoming manifest. Lane county had also in- structed its delegates to vote for Judge George H. Williams as its second choice. But the great per- sonal popularity of Lane threw all others into the background.
On the 18th of April the whigs held a convention at Corvallis, for the purpose of nominating a delegate,
and for this very reason it was possible to pass it in a legislature unfriendly to prohibition.
18 Or. Jour. Council, 1854-5, app. 21-7. The territorial officers elected by the assembly were Nat. H. Lane, treasurer; James A. Bennett, auditor; and Milton Shannon, librarian.
19 Said the Statesman of April 17th: 'Defeat and disgrace to know-noth- ing whiggery and canting hypocrisy was a decree which went forth from that meeting .. . The handwriting is upon the wall, and it reads, "Jo Lane, a democratic legislature, democratic prosecutors, democratic everything."
356
GOVERNMENT AND GENERAL DEVELOPMENT.
and made choice of Ex-governor Gaines, against four other aspirants. The majority being for Gaines on the first ballot, T. J. Dryer and A. G. Henry withdrew, leaving M. A. Chinn and A. Holbrook. Gaines then received sixty-three votes and Chinn three. The convention adopted as its platform, "General Gaines against the world," and the campaign opened.2 .A movement was put on foot by the religious portion of the community to form a temperance party, and to elect members to the legislature on that issue; and a meeting was held for that purpose April 16th, which was addressed by George L. Atkinson, H. K. Hines, and W. L. Adams, the last named a rising politician, who in the spring of 1855 established the Oregon Argus, and advocated among other reforms a prohibi- tory liquor law. As the paper was independent, it tended greatly to keep in check the overweening assumption of the Statesman, and was warmly wel- comed by the new party.21
20 As the reader has been so long familiar with the names of the demo- cratic leaders, it will be proper here to mention those of the territorial whig committee. They were E. N. Cooke, James D. McCurdy, Alex. MeIntyre, C. A. Reed, and T. J. Dryer. Oregonian, April 14, 1855.
21 The Oregon Argus was printed on the press and with the materials of the old Spectator, which closed its career in March 1855. The editor and publisher, Mr Adams, possessed the qualifications necessary to conduct an independent journal, having self-esteem united with argumentative powers; moreover, he had a conscience. In politics, he leaned to the side of the whigs, and in religion was a campbellite. This church had a respectable membership in Oregon. Adams sometimes preached to its congregations, and was known pretty generally as Parson Billy. The mistakes he made in conducting his paper were those likely to grow out of these conditions. Being independent, it was open to everybody, and therefore liable to take in occa- sionally persons of doubtful veracity. Being honest, it sometimes betrayed a lack of worldly wisdom. The Statesman called it the 'Airgoose;' nevertheless, 'it greatly assisted in forming into a consistent and cohesive body the scat- tered materials that afterward composed the republican party.' The Argus continued to be published at Oregon City till May 1863, D. W. Craig being associated with Adams in its publication. Six months after its removal, hav- ing united with the Republican of Eugene City, the two journals passed into the hands of a company who had purchased the Statesman, the political status of the latter having undergone a change. Salem Directory, 1871, p. 81. Adams had in the mean time been appointed collector of customs at Astoria by Lin- coln, in 1861, and held this position until he resigned it in 1866. In 1868 he travelled in South America, and finally went to New England, where he delivered a lecture on Oregon and the Pacific Coast, at Tremont Temple, Oct. 14, 1869, which was published in pamphlet form at Boston the same year. The pamphlet contains many interesting facts, presented in the incisive and yet often humorous style which characterized the author's writings as a jour-
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