USA > Oregon > History of Oregon, Vol. II, 1848-1888 > Part 42
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16 There was The Frontier Sentinel, published at Corvallis, whose purpose was to give 'an ardent and unwavering support in favor of the introduction of slavery into Oregon.' The publisher was L. P. Hall from California, and the material was from the office of the Expositor, another democratic journal, whose usefulness had expired, and whose type was about worn out. Or. Argus, June 20, 1837. The Occidental Messenger, published at Corvallis, advocated the doctrine that there could be no such thing as a free state democrat. Or. Statesman, Aug. 25, 1857. 'The editor of that paper came to Oregon some- thing less than six months ago, and issued a prospectus for a weekly news- paper. No one knew where he came from, who sent him, or how much Avery paid for him. In his prospectus he avowed himself iu favor of the present national administration, in favor of the principles enunciated by the Cincin- nati national democratic convention, and in favor of the introduction of slavery into Oregon.' From the remarks of the Jacksonville Herald, it appears that the Sentinel and the Messenger were one paper, edited by Hall.
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OREGON BECOMES A STATE.
unknown, to awaken in the minds of the people, the chief part of whom were descendants of slave-holders, a desire for unpaid servitude. To meet this appar- ently well organized effort of the southern democrats of the United States senate and of California, the republicans and free-state democrats of Oregon nerved themselves afresh. All the newspapers of whatever polities or religion were filled with discussions of the topic now more than any other absorbing the public mind. George H. Williams made a strong appeal in an article in the Statesman of July 28th, showing that Oregon was not adaped to slave labor. On the other hand, F. B. Martin urged the advantage and even the necessity of slave labor, both sides pre- senting lengthy arguments convincing to themselves.17 With more ardor than discretion, Martin said that slavery would be a benefit to the negro himself; for if proved unprofitable, it would die out, and the blacks become free in a fine country. Now there was no such hater of the free negro as the advocate of slave labor; and unless the black man could be sure always to remain a chattel, they would oppose his entrance
Or. Statesman, Nov. 17, 1857. It was in this year that the Jacksonville Herald was first published, which leaned toward slavery. It was asserted by the California journals that the pro-slavery party of that state had its emissaries in Oregon, and that it was designed to send into the territory voters enough to give a majority in favor of slavery. S. F. Chronicle, Aug. 15, 1857. Ex-governor Foote of Mississippi, then in California, visited Ore- gon in August, which movement the republicans thought significant. Marys- ville Herald and S. F. Chronicle, in Or. Statesman, Sept. 8, 1857. Chas E. Pickett, formerly of Oregon, returned there from California, and contributed some arguments in favor of slavery to the columns of the Statesman. Or. Argus, Oct. 10, 1857; Or. Statesman, Oct. 6, 1857.
17 See letter of J. W. Mack in favor of slave labor, in Or. Statesman, Aug. 18, 1857; and of Thomas Norris against, in the Statesman of Aug. 4, 1857: Or. Argus, Jan. 10, Sept. 5, Oct. 10, 1857. The Pacific Christian Ad- vocate, methodist, edited by Thomas Pearne, shirked the responsibility of an opinion by pretending to ignore the existence of any slavery agitation, or that any prominent politicians were engaged in promoting it. Adams re- torted: 'We should like to ask the Advocate whether Jo Lane, delegate to congress; Judge Deady of the supreme court; T'Vault, editor of the Oregon Sentinel; Avery, a prominent member of the legislature; Kelsay, an influcn- tial member of the constitutional convention; Judge Dickey Miller, a lead- ing man in Marion county; Mr Soap and Mr Crisp, leading men in Yamhill; Judge Holmes and Mr Officer of Clackamas, and fifty others we might men- tion, who are all rabid "nigger " men-are not "prominent politicians."' . Or. Aryus, Sept. 5, 1857.
423
THE NEGRO IN POLITICS.
into Oregon to their utmost. That it was a dread of the free negro, quite as much as a sentiment against slavery, which governed the makers of the constitution and voters upon it, is made apparent by the first form of that instrument and the votes which decided its final form.
The constitutional convention assembled at the Salem court-house on the 17th of August, and made A. L. Lovejoy president pro tem.18 On the follow- ing day M. P. Deady was chosen president of the convention, with N. C. Terry and M. C. Barkwell as secretaries. 19 The first resolution offered was by Applegate, that the discussion of slavery would be out of place; not adopted. The convention remained
18 Members: Marion county, Geo. H. Williams, L. F. Grover, J. C. Peebles, Joseph Cox, Nicholas Shrum, Davis Shannon, Richard Miller; Linn, Delazon Smith, J. T. Brooks, Luther Elkins, J. H. Brattain, Jas Shields, Jr, R. S. Coyle; Lane, E. Hoult, W. W. Bristow, Jesse Cox, A. J. Campbell, +I. R. Moores, +Paul Brattain; Benton, John Kelsay, *H. C. Lewis, *H. B. Nich- ols, *William Matzger; Polk and Tillamook, A. D. Babcock; Polk, R. P. Boise, F. Waymire, Benj. F. Burch; Yamhill, *W. Olds, *R. V. Short, "R. C. Kinney, *J. R. McBride; Clackamas, J. K. Kelly, A. L. Lovejoy, +W. A. Starkweather, H. Campbell, Nathaniel Robbins; Washington and Multnomah, *Thos J. Dryer; Multnomah, S. J. McCormick, William H. Farrar, *David Logan; Washington, *E. D. Shattuck, "John S. White, *Levi Anderson; Wasco, C. R. Meigs; C'latsop, +Cyrus Olney; Columbia, *John W. Watts; Josephine, S. Hendershott, "W. H. Watkins; Jackson, L. J. C. Duncan, J. H. Reed, Daniel Newcomb, §P. P. Prim; Coos, *T. G. Lockhart; C'urry, William H. Packwood; Umpqua, *Jesse Applegate, *Levi Scott; Douglas, M. P. Deady, S. F. Chadwick, Solomon Fitzhugh, Thomas Whitted. Those marked (*) were opposition; +, elected on opposition ticket, but claiming to be democrats, and understood to approve of the platform of the last territo- rial democratic convention; ±, elected on the democratic ticket, hut said to be opposed to the democratic organization; §, position not known. Lockhart's election was contested by P. B. Marple, who obtained his seat in the conven- tion.
The nativity of the members is as follows: Applegate, Anderson, Bristow, Coyle, Fitzhugh, Kelsay, Moores, Shields, 8, Kentucky; Brattain of Linn, Prim, Shrum, White, Whitted, 5, Tennessee; Brattain of Lane, Logan, 2, North Carolina; Babcock, Dryer, Lewis, Olney, Smith, Williams, Watkins, 7, New York; Boise, Campbell of Clackamas, Lovejoy, Olds, 4, Massachu- setts; Burch, Cox of Lane, McBride, Watts, 4, Missouri; Cox of Marion, Waymire, 2, Ohio; Crooks, Holt, Marple, Newcomb, Robbins, 5, Virginia; Campbell of Lane, Shannon, 2, Indiana; Chadwick, Meigs, Starkweather, Nichols, 4, Connecticut; Deady, Miller, 2, Maryland; Duncan, 1, Georgia; E.kins, Kelly, Pcebles, Reed, Short, 5, Pennsylvania; Farrar, 1, New Hamp- shire; Grover, 1, Maine; Hendershott, Kinney, Packwood, Scott, 4, Illinois; Matzger, 1, Germany; McCormick, I, Ireland; Shattuck, 1, Vermont.
19 John Baker, sergeant-at-arms; another John Baker, door-keeper, the latter defeating a candidate whose name was Baker.
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OREGON BECOMES A STATE.
in session four weeks, and frequent references to the all-important topie were made without disturbing the general harmony of the proceedings. The debates on all subjects were conducted with fairness and delib- eration. In order to avoid agitation, it was agreed to leave to the vote of the people the question of negroes, free or enslaved, a special provision being made for the addition of certain sections, to be inserted or rejected according to the vote upon them.20
The influence of the republican element on the work of the convention was small, except as recusants.21 Most of the provisions were wise; most of them were politic if not all liberal. Its bill of rights, while it gave to white foreigners who might become resi- dents the same privileges as native-born citizens, gave the legislature the power to restrain and regulate the immigration to the state of persons not qualified to become citizens of the United States; thus reserving to the future state the power, should there not be a majority in favor of excluding free negroes altogether, of restricting their numbers. The article on suffrage declared that no negro, Chinaman, nor mulatto should have the right to vote. Another section, somewhat tinged with prejudice, declared that no Chinaman who
20 The sections reserved for a separate vote read as follows: 'Section -. Persons lawfully held as slaves in any state, territory, or district of the United States, under the laws thereof, may be brought into this state, and such slaves and their descendants may be held as slaves within this state, and shall not be emancipated without the consent of their owners.' 'Section -. There shall be neither slavery nor involuntary servitude in this state, other- wise than as a punishment for crime, whereof the party shall have been duly convicted.' 'Section -. No free negro or mulatto, not residing in this state at the time of the adoption of this constitution, shall ever come, reside, or be within this state, or hold any real estate, or make any contract, or maintain any suit therein; and the legislative assembly shall provide by penal laws for the removal by public officers of all such free negroes or mulattoes, and for their effectual exclusion from the state, and for the punishment of persons who shall bring them into the state or employ, or harbor them therein.' Or. Statesman, Sept. 29, 1857; U. S. House Misc. Doc., 38, vol. i. p. 20-1, 35th cong. Ist sess .; U. S. Sen. Misc. Dor., 226, vol. iii., 35th cong. Ist sess .; Deady's Laws Or., 124-5; Or. Laws, 1857-S. 11-40.
21 Grover, Public Life in Or., MS., 76-7, says that among others Jesse Applegate, one of the most talented men in the country, was snubbed at every turn, until, when the draft of a constitution which he had prepared at home was peremptorily rejected, he deliberately took up his hat and walked out of the court-house.
425
CHINESE AND ECONOMY.
should immigrate to the state after the adoption of the constitution should ever hold real estate or a min- ing claim, or work any mining elaim therein, and that the legislature should enaet laws for carrying out this restriction. These proscriptive elauses, however they may appear in later times, were in accordance with the popular sentiment on the Pacific coast and through- out a large portion of the United States; and it may be doubted whether the highest interests of any nation are not subserved by reserving to itself the right to reject an admixture with its population of any other people who are distasteful to it. However that may be, the founders of state government in Oregon were fully determined to indulge themselves in their pre- judices against color, and the qualities which accom- pany the black and yellow skinned races.
Another peculiarity of the proposed constitution was the manner in which it defended the state against speculation and extravaganee. The same party which felt no compunetions at wasting the money of the federal government was careful to fix low salaries for state offices,22 to prevent banks being established under a state charter, to forbid the state to subscribe to any stock company or corporation, or to incur a debt in any manner to exceed fifty thousand dollars, except in case of war or to repel invasion; or any county to become liable for a sum greater than five thousand dollars.
These limitations may at a later period have hin- dered the progress of internal improvements, but at the time when they were enacted, were in consonance with the sentiment of the people, who were not by habit of a speculative disposition, and who were at that moment suffering from the unpaid expenses of a costly war, as well as from a long neglect of the prin- cipal resources of the country, which was a natural consequence of the war.
22 The salaries of the governor and secretary were $1,500 each; of the treasurer, $800; of the supreme judges, $2,000. The salaries of other officers of the court were left to be fixed by law. Deady's Laws Or., 120.
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OREGON BECOMES A STATE.
A clause of the constitution affecting the rights of married women, though it may have had its inception in the desire to place one half of the donation claim of each land owner beyond the reach of creditors, had all the air of being progressive in sentiment, and probably aided in the growth of that independence among women which is characteristic of the country. 23 The boundaries of the state were fixed as at present, except that they were made to include the Walla Walla Valley; providing, however, that congress might on the admission make the northern boundary conform to the act creating Washington Territory, which was done, to the disappointment of many who coveted that fair portion of the country. The question of the seat of government was disposed of by declaring that the legislature should not have power to establish it; but at the first regular session after the adoption of the constitution the legislative assembly should enact a law for submitting the matter to the choice of the people at the next general election; and no tax should be levied or money of the state expended for the erection of a state house before 1865; nor should the seat of government when established be removed for the term of twenty years, nor in any other manner than by the vote of the people; and all state institu- tions should be located at the capital.24
23 The clause referred to is this: "The property and pecuniary rights of every married woman, at the time of marriage or afterwards, acquired by gift, devise, or inheritance, shall not be subject to the debts or contracts of the husband; and laws shall be passed providing for the registration of the wife's separate property.' This feature of the constitution made the wife ab- solute owner of 320 acres or less, as the case might be, and saved the family of many an improvident man from ruin. The wife had, besides, under the laws, an equal share with the children in the husband's estate. The princi- pal advocate of the property rights of married women was Fred Waymire, the 'old apostle of democracy,' who stoutly maintained that the wife bad earned in Oregon an equal right to property with her husband. See Or. Statesman, Sept. 22, 1857.
2ª With regard to the school lands which had been or should be granted to the state, excepting the lands granted to aid in establishing a university, the proceeds, with all the money and elear proceeds of all property that might accrue to the state by escheat or forfeiture, all money paid as exemption from military duty, the proceeds of all gifts, devises, and bequests made by any person to the state for common-school purposes, the proceeds of all property granted to the state, the purposes of which grant had not been stated, all
427
A POPULAR ELECTION.
It was ordered by the convention that, should the constitution be ratified by the people, an election should be held on the first Monday in June 1858 for choosing the first state assembly, a representative in congress, and state and county officers; and that the legislative assembly should convene at the capital on the first Monday of July following, and proceed to elect two senators in congress, making also such further provision as should be necessary to complete the organization of a state government. Meanwhile, the former order of things was not to be disturbed until in due course of time and opportunity the new conditions were established.
The 9th of November was fixed upon as the day
the proceeds of the 500,000 acres to which the state would be entitled by the provisions of the act of congress of September 4, 1841, and five per cent of the net proceeds of the sales of the public lands to which the state would be entitled-should congress not object to such appropriation of the two last- mentioned grants-should be set apart, with the interest accruing, as a sepa- rate and irreducible fund, for the support of common schools in each school district, and the purchase of suitable libraries and apparatus. Zabriskie's Land Law, 657-9, 659-63, 664-7. The governor for the first five years was de- clared superintendent of public instruction; but after five years the legisla- ture might provide by law for the election of a state superintendent. The governor, secretary of state, and state treasurer were made to constitute a board of commissioners for the sale of school and university lands, and for the investment of the funds arising therefrom, with powers and duties to be prescribed by law. The university funds with the interest arising from their investment should remain unexpended for a period of ten years, unless con- gress should assent to their being diverted to common-school purposes, as had been requested. The act of congress admitting Oregon allowed the state to select lands in place of these 16th and 36th sections granted in previous acts, for school purposes, but which had in many cases been settled upon previous to the passage of the act making the grant. It also set apart 72 sections for the use and support of a state university, to be selected by the governor and approved by the commissioner of the general land office, to be appropriated and applied as the legislature of the state might prescribe, for that purpose, but for no other purpose. The act of admission by the grant of twelve salt springs, with six sections of land adjoining or contiguous to each, furnished another and important addition to the common-school fund, as under the constitution all gifts to the state whose purpose was not named were contri- butions to that fund. Deady's Laws Or., 116-17. Congress did not listen to the prayer of the legislative assembly to take back the gift of the Oregon City claim and give them two townships somewhere else in place of it. Neither could they find any talent willing to undertake the legal contest with Mc- Loughlin, who held possession up to the time of his death in September 1837, and his heirs after him. Finally, to be no more troubled with the unlucky donation, the legislative assembly of 1862 reconveyed it to McLoughlin's heirs, on condition that they should pay into the university fund the sum of $1,000, and interest thereon at ten per cent per annum forever.
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OREGON BECOMES A STATE.
when the people should decide at the polls upon the constitution and the questions accompanying it. The interval was filled with animated discussions upon slavery, on the rostrum and in the public prints; the pro-slavery papers being much more bitter against the constitution for not making Oregon a slave state than the opposition papers for neglecting to make it a free state. The latter gave the constitution little support; because, in the first place, it was well under- stood that the party which formed it was bent on ad- mission, in order to retain in its own grasp the power which a change of administration might place in the hands of the free-soil party, under the territorial organization, as well as because they did not wholly approve the instrument. There was, as could only be expected, the usual partisan acrimony in the argu- ments on either side. Fortunately the time was short in which to carry on the contest. Short as it was, however, it developed more fully a style of political journalism which was not argument, but inveetive-a method not complimentary to the masses to be in- flueneed, and really not furnishing a fair standard by which to judge the intelligence of the people.
The vote on the constitution resulted in a majority of 3,980 in favor of its adoption. There was a ma- jority against slavery of 5,082; and against free ne- groes of 7,559. The counties which gave the largest vote in favor of slavery were Lane and Jackson. Douglas gave a majority of 29 for slavery, while only 23 votes were recorded in the county for free negroes. Indeed, the result of the election demonstrated the fact that the southern sentiment concerning the black race had emigated to Oregon along with her sturdy pioneers. Enslaved, the negro might be endured; free, they would have none of him. The whole number of votes polled was only about 10,400; 7,700 voted against slavery; 8,600 against free negroes; the remaining 1,000 or 1,100 were probably indif-
429
LEGISLATIVE ASSEMBLY.
ferent, but being conscientious republicans, allowed the free negro to come or go like any other free man.25
The adoption of the constitution was a triumph for the regular democratie party, which expected to con- trol the state. Whether or not congress would ad- init Oregon at the first session of 1857-8 was doubt- ful; another year might pass before the matter was determined. The affairs of the territory in the mean time must go on as usual, though they should be shaped as much as possible to meet the anticipated change.
The legislative assembly26 met on the 17th of De- cember, and on notifying the governor, received a message containing a historical review from the begin- ning. The governor approved the constitution, and congratulated the assembly on the flourishing condi- tion of the country.
The legislature of 1857-8 labored under this disad- vantage, not altogether new, of not knowing how to conform its proceedings to the will of the general gov- ernment. Although not yet admitted to the union, a
25 Grover's Pub. Life, MS., 53-5; Or. Laws, 1857-8, p. 41; Or. Statesman, Dec. 22, 1857; Or. Argus, Dec. 5, 1857.
26 Members of the council: A. M. Berry, Jackson and Josephine; Hugh 'D. O'Bryant, Umpqua, Coos, Curry, and Douglas; * A. A. Smith, Lane and Benton; Charles Drain, Linn; * Nathaniel Ford, Polk and Tillamook; * Thomas Scott, Yamhill and Clatsop; Edward Sheil, Marion; A. E. Wait, Clackamas and Wasco; * Thomas R. Cornelins, Washington, Multnomah, and Columbia. President of council, H. D. O'Bryant; clerk, Thomas B. Micou; assistant clerk, William White; enrolling clerk, George A. Eades; sergeant-at-arms, Robert Shortess; door-keeper, William A. Wright.
Members of the house of representatives: George Able, E. C. Cooley, J. Woodsides, Marion; Anderson Cox, N. HI. Cranor, H. M. Brown, Linn; Ira F. M. Butler, Polk; Benjamin Hayden, Polk and Tillamook; * Reuben C. Hill, *James H. Slater, Benton; * A. J. Shuck, *William Allen, Yamhill; * H. V. V. Johnson, Washington; * Thomas J. Dryer, Washington and Multnomah; *William M. King, Multnomah; * Joseph Jeffries, Clatsop; * F. M. Warren, Columbia; N. H. Gates, Wasco; S. P. Gilliland, F. A. Collard, George Rees, Clackamas; J. W. Mack, John Whitaker, Lane; * James Cole, Umpqua; A. A. Matthews, Douglas; Kirkpatrick, Coos and Curry; H. H. Browu, Will- iam H. Hughes, Jackson; R. S. Belknap, Jackson and Josephine; J. G. Spear, Josephine. Speaker of the house, Ira F. M. Butler; clerk, Charles B. Hand; assistant clerk, N. T. Caton; enrolling clerk, George L. Russell; sergeant-at-arms, J. B. Sykes; door-keeper, J. Henry Brown. Or. Laws, 1857-8, p. 9-10. * Opposition.
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OREGON BECOMES A STATE.
portion of the members were in favor of regarding their assembly as a state body, and framing their aets accordingly. Others thought that endless discussions would arise as to the authority of the constitution before its approval by congress, and were for making only such local laws as were required. Great efforts were made to keep the subject of slavery in the background, lest by the divisions of the democratic party on that issue, the democratic majority at the first state election should be lessened or endangered. After some miscellaneous business, and the election of territorial officers,27 the assembly adjourned Decem- ber 19th to meet again on the 5th of January. On the day of the adjournment the democratic central committee held a meeting to arrange for a state con- vention, at which to nominate for the June election in 1858.
At the election of 1858 there were three parties in the field, Oregon democrats, national democrats,23 and republicans.29 The national faction could not get beyond a protest against tyranny. It nominated J. K. Kelly for representative in congress, and E. M. Barnum for governor.30 The republicans nominated an entire ticket, with John R. McBride for congress- man and John Denny for governor. Feeling that
27 Most of the old officers were continued; Joseph Sloan was elected super- intendent of the penitentiary. Or. Statesman, Dec. 22, 1857.
28 The nationals were the few too independent to submit to leaders instead of the people. Their principal men were William M. King, Nathaniel Ford, Thomas Scott, Felix A. Collard, Andrew Shuck, George Rees, James H. Slater, William Allen, and S. P. Gilliland.
29 The platform of the republican party distinctly avowed its opposition to slavery, which it regarded as a merely local institution, one which the found- ers of the republic deprecated, and for the abolition of which they made provisions in the constitution. It declared the Kansas troubles to be caused by a departure from the organic act of 1787, for the government of all the territory then belonging to the republic, and which had been adhered to until 1854, since which a democratic administration had endeavored to force upon the people of Kansas a constitution abhorrent to their feelings, and to sustain in power a usurping and tyrannical minority-an outrage not to be borne by a free people. It called the Dred Scott decision a disgrace, and denounced the democratic party generally. Or. Argus, April 10, 1858.
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