History of Oregon, Vol. II, 1848-1888, Part 41

Author: Bancroft, Hubert Howe, 1832-1918; Victor, Mrs. Frances Auretta Fuller Barrett, 1826-1902
Publication date: 1886-88
Publisher: San Francisco : The History Co.
Number of Pages: 836


USA > Oregon > History of Oregon, Vol. II, 1848-1888 > Part 41


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Early in May 1865 most of the Rogue River


25 Deady says: 'Few men in this or any other country have lahored harder or more disinterestedly for the public good than General Palmer. A man of ardent temperament, strong friendships, and full of hope and confidence in his fellow-men, he has unreservedly given the flower of his life to the best in- terests of Oregon.' Trans. Or. Pioneer Assoc., 1875, 37-8. Palmer ran for governor of Oregon in 1870, but was defeated by Grover. He died in 1879 at his home in Dayton.


412


EXTERMINATION OF THE INDIANS.


people and Shastas who had been temporarily placed upon the Grand Rond reserve were removed to Siletz, Sam and his band only being permitted to remain as a mark of favor.


I will not here discuss further the reservation sys- tem. It was bad enough, but was probably the best the government could devise, the settlers being deter- mined to have their lands. In theory, the savages thus became the wards of the United States, to be civilized, christianized, educated, fed, and clothed. In reality, they were driven from their homes, huddled within comparatively narrow limits, and after a brief period of misery they were swept from the earth by the white man's diseases. 26


In March 1857 congress united the superintenden- cies of Oregon and Washington, and called for an estimate of the unpaid claims, which were found to aggregate half a million dollars, and which were finally allowed and paid.27 On the Siletz reservation many Indians had farms of their own, which they worked, and many were taught the mechanic arts, for which they exhibited much aptitude; the women learning housekeeping and the children going to school by the advice of their parents; considerable progress having been made in the period between 1878 and 1887. It is also stated that their numbers increased instead of diminished, as formerly.


26 It was the unpopular side to defend or protect the Indians during this war. There were many among the officers and servants of the United States brave and manly enough to do this. On the other hand, the government has made many bad selections of men to look after the Indians. Out of an ap- propriation by congress of $500,000, if the Indians received $80,000 or $100,- 000 they were fortunate.


27 See letter of Nesmith, in Or. Statesman, Oct. 20, 1857. The estimated expense of the Indian service for Oregon for the year ending June 1858 was $424,000, and for Washington 8229,000. U. S. H. Ex. Doc., 37, 1-27, 129- 40, 34th cong. 3d sess., and Id., 76, vol. ix. 12, 22, 28; Id., 93, vol. xi. 1-40, 54-73, 84-96. A special commissioner, C. H. Mott, was sent to examine into the accounts, who could find nothing wrong, and they were allowed, and paid in 1859.


CHAPTER XVII.


OREGON BECOMES A STATE.


1856-1839.


LEGISLATURE OF 1855-6-MEASURES AND MEMORIALS-LEGISLATURE OF 1856- 7-No SLAVERY IN FREE TERRITORY-REPUBLICAN CONVENTION-ELEC- TION RESULTS-DISCUSSIONS CONCERNING ADMISSION-DELEGATE TO CONGRESS-CAMPAIGN JOURNALISM-CONSTITUTIONAL CONVENTION-THE GREAT QUESTION OF SLAVERY-NO BLACK MEN, BOND OR FREE-ADOP- TION OF A STATE CONSTITUTION-LEGISLATURE OF 1857-8-STATE AND TERRITORIAL BODIES-PASSENGER SERVICE-LEGISLATURES OF 1858-9- ADMISSION INTO THE UNION.


DURING these days Oregon was somewhat soured over the Indian question, and toward the United States generally. The savages should have been more quickly and cheaply killed; the regulars could not fight Indians; the postal service was a swindle and a dis- grace; land matters they could manage more to their satisfaction themselves; better become a state and be independent. There was even some feeling between northern and southern Oregon; the former had labored and the latter had suffered, and both were a little sore over it.


About all the legislature of 1855-61 did was to move


1 The councilmen elect were, for Multnomah, A. P. Dennison; Clackamas and Wasco, J. K. Kelly; Yamhill and Clatsop, John Richardson; Polk and Tillamook, J. M. Fulkerson; Marion, J. C. Peebles; Linn, Charles Drain; Umpqua, Douglas, and Coos, H. D. O'Bryant, democrats; and A. A. Smith of Lane and Benton, and E. H. Cleaveland of Jackson, whigs. Assembly- men, for Clatsop, Philo Callender; Wasco, N. H. Gates; Columbia, John Harris; Multnomah, G. W. Brown; Washington, H. Jackson; Clackamas, O. Risley, H. A. Straight, James Officer; Marion, L. F. Grover, William Har- pole, J. M. Harrison; Yamhill, A. R. Burbank, Andrew Shuck; Polk, Fred. Waymire, R. P. Boisé; Linn, Delazon Smith, H. L. Brown, B. P. Grant; Benton, John Robinson, H. C. Buckingham; Lane, Isaac R. Moores, A. (413 )


414


OREGON BECOMES A STATE.


the capital from Corvallis to Salem, ask congress to discharge General Wool and Superintendent Palmer, and send up a growl against Surveyor-general Gar- diner and Postal-agent Avery.2


To prevent any benefit to southern Oregon from the appropriations, as well as to silence the question of the relocation acts, it was proposed to ask congress to allow what remained of the university fund to be diverted to common-school purposes; but the matter was finally adjusted by repealing all the former acts concerning the university, and making a temporary disposition of the fund.


With regard to the volunteer service in the Indian wars, Grover introduced a bill providing for the em- ployment if necessary of the full military force of the territory, not exceeding three full regiments, to serve for six months or until the end of the war, unless sooner discharged; the volunteers to furnish as far as practicable their own arms and equipments, and to be entitled to two dollars a day for their services, and two dollars a day for the use and risk of their horses; all commissioned officers to receive the same pay as officers of the same rank in the regular service, be- sides pay for the use and risk of their horses; the act to apply to all who had been in the service from the beginning, including the 9th regiment of Oregon militia. The bill became a law, and the legislature memoralized congress to assume the expense,3 which


McAlexander; Umpqua, John Cozad; Douglas, William Hutson; Coos, William Tichenor; Jackson, M. C. Barkwell, J. A. Lupton, Thos Smith, democrats; and H. V. V. Johnson of Washington and Briggs of Jackson, whigs. A vacancy was caused in the house by the death of J. A. Lupton; and subsequently in the council by the resignation of E. H. Cleaveland. The first place was filled by Hale, democrat, and the latter by John E. Ross, whig. Clerks of the council, Thomas W. Beale, A. Sulger, and L. W. Phelps; sergeant-at-arms, M. B. Burke; door-keeper, James L Earle. Clerks of the lower house, James Elkins and D. Mansfield; sergeant-at-arms, A. J. Welch; door-keeper, Albert Boisé. Or. Statesman, June 30 and Dec. 8, 1855. 2 The trouble was, with these men, they were on the wrong side in poli- tics, that they were whigs and know-nothings, and everything vile.


3 This legislature was not over-modest in its memorials. It asked for the recall of Wool from the department of the Pacific; that Empire City be made a port of entry; that land titles in Oregon be confirmed; that additional mail- routes be established; that two townships of land be granted in lieu of the


415


THE LEGISLATURE.


after much investigation and delay was done, as we have seen. The last of the political divisions of west- ern Oregon were made at this session, when Curry and Josephine counties were established.4 The ques- tion of a state constitution was not discussed at length, an act being passed to take the vote of the people upon it again at a subsequent election. On the 21st of January the legislature adjourned.5


Oregon City claim; that the expenses of the Indian war be paid; that the Indian superintendent be stayed from locating Indians in the Willamette Valley; that the federal government assume the expenses of the provisional government; that congress provide for the issuance of a patent to land claims; that a mail-route be established from San Francisco to Olympia; mail service east of the Cascade mountains; a military road from Oregon City to The Dalles; that the expenses of the Snake River expedition be paid; that the right of pensions be extended to disabled volunteers; that the spoliation claims of 1853 be liquidated; that congress pay for the services and ex- penses of the Rogue River war of 1854; that a military road be established from Olympia via the mouth of the Cowlitz to intersect the military road leading from Scottsburg to Myrtle creek; a military road from Port Orford to Jacksonville; money for a territorial library; and that congress recog- nize the office of commissioner to audit the war claims. Indeed, Philo Cal- lander of Clatsop county was so appointed, but congress did not recognize him. The Statesman complained in September that Lane had obtaincd $300,000 for the Indian department, and nothing more for any purpose except the regular appropriation for territorial expenses, which would have been made without him. A little later it was ascertained that $500 had been ob- tained for the territorial library, which money was expended by Gov. Curry when he went to Washington in 1856 to defend himself from the attacks of Wool.


4 It was proposed to name the former Tichenor, but that member declined, saying that his constitutents had instructed him to call the county after the governor. The second was named after Josephine Rollins, whose father first discovered gold on Josephine Creek. The county seat, Kirbysville, was named after Joel A. Kirby, who took a land claim on the site of that town. Deady's Ilist. Or., MS., 77; Prim's Judicial Affairs, MS., 2-3; U. S. H. Ex. Doc., i. 348, 375, 419, 431, 34th cong. Ist sess.


5 Several charters were granted to societies, towns, and schools. Astoria and Eola in Polk county were chartered. To-day Eola is a decayed hamlet and Astoria a thriving city by the sea. The Portland Insurance Company also took a start at this time. Masonic lodges, Warren No. 10, Temple No. 7, Jennings No. 9, Tuality No. 6, Harmony No. 12, received their charters at this session. There is a list of the officers of Harmony Lodge from 1836 to 1873 in By Laws, etc., Portland, 1873. Multnomah Lodge No. 1 was in- corporated January 19, 1854; Willamette Lodge No. 2, February Ist; Lafay- ette Lodge No. 3, January 28; and Salem Lodge No. 4, in February 1854. It is said the General George B. Mcclellan received the first three degrees in masonry in Willamette Lodge No. 2, at Portland. O. F. Grand Lodge of Or., 1856-76. Acts incorporating the Willamette Falls Railroad Company, the Rockville Canal Company, the Tualatin River Transportation and Naviga- tion Company, and no less than 14 road acts were passed. The assembly appointed A. Bush, printer; B. F. Bonham, auditor; J. D. Boon, treasurer; F. S. Hoyt, librarian; E. Ellsworth, university commissioner. Something should be here said of John Daniel Boon, who for many years was territorial treasurer. Deady calls him a good, plain, unlearned man, and a fervent


416


OREGON BECOMES A STATE.


The democratic party, which had so long dominated Oregon, and to which whigs and know-nothings offered but a feeble opposition, had so conducted affairs dur- ing the Indian war of 1855-6 as to alienate some of its original supporters. It had, however, a strong hold on the people in the war debt, which it was believed Lane, through his influence with the admin- istration, would be able to have discharged. So long as this appeared probable, or could be reasonably hoped for, much that was disagreeable or oppressive at home could be tolerated, and no steps were taken, at first, to follow the movement in the Atlantic States which was dividing the nation into two great parties, for and against slavery. Southern Oregon, which was never much in sympathy with the Willamette Valley, the seat of democratic rule, was the first to move toward the formation of a republican party. A meeting was held at the Lindley school-house, Eden precinct, in Jackson county, in May 1856, for the pur- pose of choosing candidates to be voted for at the June election.6


The meeting declared against slavery in the new states. The democrats might have said the same, but at this juncture they did not; it remained for the first republican meeting first to promulgate the sentiment in the territory. It was a spontaneous expression of incipient republicanism in the far north-west, not even the Philadelphia convention having yet pronounced. The election came; none of the candidates of Eden district were chosen to the legislature, though one know-nothing from the county was elected, and the


methodist preacher. Scrap-book, 87. He was born at Athens, Ohio, Jan. 8, 1817, and came to Oregon in 1845. He died at Salem, where he kept a small store, in June 1864. Salem Mercury, June 27, 1864. On the 13th of Dec. 1877 died Martha J. Boon, his wife, aged 54 years. Their children were 4 sons and several daughters, all of whom lived in Oregon, except John, who made his home in San Francisco. San Jose Pioneer, Dec. 29, 1877.


6 The resolutions adopted were: that freedom was national and slavery sectional; that congress had no power over slavery in the states where it already existed; but that outside of state jurisdiction the power of the federal government should be exerted to prevent its introduction, etc. Or. Argus, June 7, 1856.


417


POLITICS.


latter party did not differ, except in its native Amer- icanism, from the republicans. As time passed, how- ever, the republican sentiment grew, and on the 11th of October a meeting was held at Silverton in Marion county, when all opposed to slavery in free territory were invited to forget past differences and make com- mon cause against that influence, to escape which many through toil and suffering had crossed a conti- nent to make a home on the shores of the Pacific.7 Other assemblages soon followed in almost every county.


When the legislature met in December, it was as it had always been a democratic body, but there were enough opposition members to indicate life in the new movement.8 Few bills of a general nature were passed, but the drift of the discussions on bills introduced to allow half-breeds to vote, to exclude free negroes from the territory,9 to repeal the viva voce bill, and kin- dred subjects plainly indicated a contest before the state constitution could be formed. An act was once


" Paul Crandall, O. Jacobs, T. W. Davenport, Rice Dunbar, and E. N. Cooke were the movers in this first attempt at organization in the Willamette Valley. The last three were appointed to correspond with other republicans for the furtherance of the principles of free government.


8 Members of the council: John E. Ross, of Jackson county; Hugh D. O'Bry- ant, Umpqua, Douglas, and Coos; A. A. Nmith, Lane and Benton; Charles Drain, Linn; Nathaniel Ford, Polk and Tillamook; J. B. Bayley, Yamhill and Clat- sop; J. C. Peebles, Marion; J. K. Kelly, Clackamas and Wasco; Thos R. Cornelius, Washington, Columbia, and Multnomah. House: John S. Miller, Thomas Smith, Jackson; A. M. Berry, W. J. Matthews, Josephine; Aaron Rose, Douglas; A. E. Rogers, Coos and Curry; D. C. Underwood, Umpqua; James Monroe, R. B. Cochran, Lane; J. C. Avery, J. A. Bennett, Benton; Delazon Smith, H. L. Brown, William Roy, Linn; Wm M. Walker, Polk and Tillamook; A. J. Welch, Polk; L. F. Grover, William Harpole, Jacob Con- ser, Marion; William Allen, A. J. Shuck, Yamhill; A. L. Lovejoy, W. A. Starkweather, F. A. Collard, Clackamas; G. W. Brown, Multnomah; T. J. Dryer, Multnomah and Washington; H. V. V. Johnson, Washington; Barr, Columbia; J. W. Motfit, Clatsop; N. H. Gates, Wasco. Or. Laws, 1856-7, p. 8. James K. Kelly, prest council; L. F. Grover, speaker of the house, Clerks of the council, A. S. Watt, John Costello, and T. F. McF. Patton; sergeant-at-arms, G. W. Holmes; door-keeper, J. McClain. Clerks of the lower house, D. C. Dade, E. M. Bowman, J. Looney; sergeant-at-arms, J. S. Risley; door-keeper, J. Henry Brown. Or. Statesman, Dec. 9, 1856.


9 When the commissioner in 1833-4 made a list of the former laws of Ore- gon which were to be adopted into the code, that one which related to the exclusion of free negroes was inadvertently left out, and was thus uninten- ally repealed. It was not revived at this session, owing to the opposition of the republican and some other members.


HIST. OR., VOL. II. 27


418


OREGON BECOMES A STATE.


more passed at this session to take the sense of the people on the holding of a constitutional convention, and to elect delegates to frame a constitution in case a majority of the people should vote in favor of it.


In order to met the coming crisis, republican clubs continued to be formed; and on the 11th of Febru- ary, 1857, a convention was held at Albany to perfect a more complete organization,10 when the name Free State Republican Party of Oregon was adopted and its principles announced. These were the perpetuity of the American Union; resistance to the extension of slavery in free territory; the prohibition of polygamy; the admission of Oregon into the Union only as a free state; the immediate construction of a Pacific railway; the improvement of rivers and harbors; the applica- tion of the bounty land law to the volunteers in the Indian war of 1855-6; and the necessity for all hon- est men, irrespective of party, to unite to secure the adoption of a free state constitution in Oregon.11 At Grand Prairie, a free state club was formed January 17th, whose single object was to elect delegates to the constitutional convention pledged to exclude from the state negroes, slaves or freemen.


The Oregon delegate to congress, Joseph Lane, had no objection to slavery, though he dared not openly advocate it. In conformity to instructions of the leg- islature, he had brought a bill for admission, which was before congress in the session of 1856. The


10 Delegates: From Multnomah, Stephen Coffin, Charles M. Carter, L. Limerick; Clackmas, W. T. Matlock, W. L. Adams, L. Holmes; Washington, H. H. Hicklin; Yamhill, John R. McBride, S. M. Gilmore, W. B. Daniels, Brooks, and Odell; Linn, T. S. Kendall, J. Connor, J. P. Tate, John Smith, James Gray, William Marks, David Lambert; Polk, John B. Bell; Benton, William Miller, J. Young; Umpqua, E. L. Applegate. Committee to pre- prre an address, Thos Pope, W. L. Adams, and Stephen Coffin. Executive committee, J. B. Condon, T. S. Kendall, E. L. Applegate, and Thos Pope. Or. Argus, Feb. 21, 1876. See address in Argus, April 11, 1857.


11 Among the first to promulgate republican doctrines were E. D. Shat- tuck, Lawrence Hall, Levi Anderson, H. C. Raymond, John Harrison, J. M. Rolando, S. C. Adams, S. M. Gilmore, G. W. Burnett, G. L. Woods, W. T. Matlock, H. Johnson, L. W. Reynolds, Geo. P. Newell, J. C. Rinearson, F. Johnson, H. J. Davis, John Terwilliger, Matthew Patton, G. W. Lawson, and W. Carey Johnson.


419


BEGINNINGS OF REPUBLICANISM.


only objection offered was the lack of population to entitle the state to the representation asked for in the bill. Its failure, together with the failure of the Indian war debt bill, was injurious to the popularity of the delegate with his party. But during the fol- lowing session a bill authorizing the people of Oregon to form a constitution and state government passed the lower house, and was taken up and amended in the senate, but not passed. It remained where it offered a substantial motive for the reelection of the same delegate to complete his work.


Such was the position of affairs in the spring of 1857. The territory was half admitted as a state, a constitutional convention was to be held, a delegate to be elected, and a new political party was organizing which would contend for a share in the management of the public interests. It was not expected by the most enthusiastic republicans that they could elect a delegate to congress, their aim being different. The democrats for the first time were divided on nomina- tions;12 but after a little agitation the convention set- tled down to a solid vote for Lane, who thus became for the fourth time the congressional nominee of his


party. This done, the convention proceeded to pass a resolution binding their county delegates to execute the will of the party "according to democratic usages," repudiating the idea that a delegate could, in pursu- ance of the interests or wishes of his district, refuse to support the nominations of his party, and still maintain a standing in that party.13 Then came the announcement, "That we deny the right of any state to interfere with such domestic institutions of other


12 Other possible candidates were Deady, Nesmith, Grover, Boisé, Delazon Smith, George H. Williams, and James K. Kelly. Clackamas and Clatsop nominated Kelly, but he declined, knowing that he could not be elected be- cause he was not a democrat of that 'vigorous practice' which the Statesman required; that journal afterward reproaching him with losing this opportunity through too much independence of party government. See letter of Kelly, in Or. Statesman, Feb. 17, 1857.


13 So well whipped in were the delegates to the convention that only the Clackamas members and J. L. Meek of Washington county voted against the resolution.


420


OREGON BECOMES A STATE.


states as are recognized by the constitution;" that in choosing delegates to the constitutional conven- tion no discrimination should be made between demno- crats in favor of or opposed to slavery, because that question should be left to be settled by a direct vote of the people.


To this parade of the ruling party the infant repub- lican organization could offer no opposition that had in it any promise of success. A few of the older coun- ties chose delegates to the constitutional convention; others had no republican representation. But there was a visible defection in the democratic ranks from the bold position taken by the leaders, that it was treachery to question their mandates, even when they conflicted with the interests and wishes of the sec- tions of country represented-a doctrine directly op- posed in sentiment to that of state rights, which the party was commanded to indorse. This was a species of subordination against which many intelligent demo- crats protested as strongly as the republicans protested against negro slavery. One newspaper, the Portland Democratic Standard, revolted, and was declared to be out of the party.14


The June election came on. The republican party had no candidate for delegate, but was prepared to vote for G. W. Lawson, a free soil democrat, who announced himself as an independent candidate for congress. Lane arrived toward the last of April, and the canvass began. Hitherto in an election the ques- tions considered had been chiefly personal and local; or at the most, they involved nothing more important than a desired appropriation or a change in the land law. But now the people were called upon to lay the foundation of a state; to decide upon matters affecting the interests of the commonwealth for all time. The returns showed that while the principles


"+ There were few persons in Oregon not deeply interested in politics at this time. A correspondent of a California paper writes: 'The Oregonians have two occupations, agriculture and politics.' See remarks on the causes of dissension in the democratic party, in Or. Statesman, April 14 and 21, 1837.


421


A PROSPECTIVE CHANGE.


of democracy still retained their hold on the people, a far greater number than ever before voted an oppo- sition ticket, and that of the delegates chosen to the constitutional convention more than one third were either republicans or were elected on the opposition ticket; that the legislature, instead of being almost wholly democratic as for several preceding years, would at the next session have a democratic major- ity of but one in the council; and that there would be ten republicans among the thirty members of the house.15


During this important epoch the course of the Statesman was cautious and prudent, while seeming to be frank and fearless. It published with equal and impartial tolerance the opinions of all who chose to expound the principles of freedom or the evils or blessings of slavery. The other leading party jour- nals were not, and could not afford to be, so calm and apparently indifferent to the issue; for while they were striving to mould public sentiment, the States- man had one settled policy, which was to go which- soever way the destinies of the democratic party led it. More than one new campaign journal was estab- lished,16 and influences were brought to bear, hitherto


15 The official returns for delegate to congress gave Lane 5,662 votes, and Lawson 3,471. The constitutional convention vote was 7,617 for and 1,673 against. The counties that gave a republican majority were Yamhill, Wash- ington, Multnomah, Columbia, and Clatsop. Benton came within 23 votes of making a tie. In the other counties of the Willamette there was a large democratic majority. Or. Argus, June 13, 1857; Or. Statesman, July 7, 1857; Tribune Almanac, 1858, 63.




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