USA > Oregon > History of Oregon, Vol. II, 1848-1888 > Part 43
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3" The remainder of the ticket was E. A. Rice for secretary; J. L. Brom- ley, treasurer; James O'Meara, state printer.
431
DEMOCRATIC VICTORY.
the youth and inexperience of their candidate for congress could not hope to win against the two demo- cratic candidates, the republicans, with the consent of McBride, voted for Kelly, whom they liked, and whom they hoped not only to elect, but to bring over to their party.31
Meanwhile, though Kelly ran well, the thorough organization of the democratic party secured it the usual victory; Grover was elected state representa- tive to congress; John Whiteaker, governor; Lucien Heath, secretary; J. D. Boon, treasurer; Asahel Bush, state printer; Deady, Stratton, Boisé, and Wait, judges of the supreme court; A. C. Gibbs, H. Jackson, D. W. Douthitt, and B. Hayden, attorneys for the 1st, 3d, 4th, and 5th districts. The only republican elected for a state office was Mitchell, candidate for prosecuting attorney in the 2d district.32 The state
31 The remainder of the republican ticket was Leander Holmes, secretary; E. L. Applegate, treasurer; D. W. Craig, state printer; C. Barrett, judge of the 1st district, John Kelsay of the 21, J. B. Condon of the 3d, and Amory Holbrook of the 4th; prosecuting attorneys, in the same order, beginning with the 2d district, M. W. Mitchell, George L. Woods, W. G. Langford, and Bren- nan. It was advocated in secret caucus to send to California for E. D. Baker to conduct the canvass, and speak against the array of democratic talent. The plan was not carried out, but home talent was put to use. In this campaign E. L. Applegate, son of Lindsey and nephew of Jesse Apple- gate, first made known his oratorical abilities. His uncle used to say of himn that he got his education by reading the stray leaves of books torn up and thrown away on the road to Oregon. He was however provided with that general knowledge which in ordinary life passes unchallenged for education, and which, spread over the surface of a campaign speech, is often as effective as greater erudition. Another who began his public speaking with the forma- tion of the republican party in Oregon was George L. Woods. His subsequent success in public life is the best evidence of his abilities. He was cousin to John R. McBride, the candidate for congress. Both were friends and neighbors of W. L. Adams, and the three, with their immediate circle of relatives and friends, carried considerable weight into the republican ranks. Woods was born in Boone co., Mo., July 30, 1832, and came to Oregon with his father, Caleb Woods, in 1847. The family settled in Yamhill co. In 1853 he mar- ried his cousin Louisa A. McBride; their children being two sons. Woods was self-educated; reading law between the labors of the farm and carpen- ter's bench. His career as a politician will appear in the course of this history.
32 The office of state printer, so long held by Bush, was only gained by 400 majority-the lowest of any. It was not Craig, however, who divided the votes with him so successfully, but James O'Meara, the candidate of the national democrats, who came from California to Oregon in 1857. In the spring of 1858 O'Meara succeeded Alonzo Leland as editor of the Democratic Standard.
432
OREGON BECOMES A STATE.
legislature consisted of twenty-nine democrats and five republicans in the lower house, and twelve democrats and four republicans in the senate.33 According to the constitution, the first state legislature was required to meet on the first Monday in July 1858, and pro- ceed to elect two senators to congress, and make such other provision as was necessary to complete the or- ganization of a state government. In compliance with this requirement, the newly elected legislature met on the 5th of July, and chose Joseph Lane and De- lazon Smith United States senators.34 On the 8th the inauguration of Governor Whiteaker took place, Judge Boisé administering the oath.35 Little business was transacted of a legislative nature. A tax oftwo
33 Senate: Marion county, J. W. Grim, E. F. Colby; Yamhill, J. Lam- son; Clackamas and Wasco, J. S. Ruckle; Polk, F. Waymire; Linn, Luther Elkins, Charles Drain; Lane, W. W. Bristow, A. B. Florence; Umpqua, Coos, and Curry, D. H. Wells; Jackson, A. M. Berry; Josephine, S. R. Scott; Washington, Columbia, Clatsop, and Tillamook, *T. R. Cornelius; Multnomah, *J. A. Williams; Benton, "John S. McIteeney; Douglas, "J. F. Gazley. House: Clatsop and Tillamook, R. W. Morrison; Columbia and Washington, Nelson Hoyt; Multnomah, A. D. Shelby, *T. J. Dryer; Clack- amas, A. F. Hedges, B. Jennings, D. B. Hannah; Wasco, Victor Trevitt; Polk, B. F. Burch, J. K. Wait; Marion, B. F. Harding, B. F. Bonham, J. H. Stevens, J. H. Lassater; Linn, N. H. Cranor, E. E. McIninch, T. T. Thomas, John T. Crooks; Lane, R. B. Cochran, A. S. Patterson, A. J. Cru- zan; Umpqua, J. M. Cozad; Douglas, Thomas Norris, *A. J. McGee; Coos and Curry, William Tichenor; Jackson, Daniel Newcomb, W. G. T'Vault, *J. W. Cully; Josephine, D. H. Holton; Washington, *Wilson Bowlby; Yamhill, *A. Shuck, J. C. Nelson (resigned); Benton, J. H. Slater, H. B. Nichols. Luther Elkins was chosen president of the senate and W. G. T'Vault speaker of the house. * Republicans.
3+ Lane wrote from Washington, May 18, 1858, soliciting the nomination, and promising to do much if elected; declaring, however, that he did not wish a seat iu the senate at the expense of harmony in the democratic party. He added a postscript to clinch the nail. 'Dear Bush-The bill for the ad- mission of Oregon has this moment passed the senate, 35 to 17. All right in the house. Your friend, Lane.' Or. Statesman, June 29, 1858. Notwith- standing the promises contained in this letter, and the bait held out by ad- dendum, Lane made no effort to get the bill through the house at that ses- sion. He wished to secure the senatorship, but he was not anxious to have Oregon admitted until the time was ripe for the furtherance of a scheme of the democratic party, into which the democrats of Oregon were not yet admitted.
35 John Whiteaker was born in Dearborn co., Ind., in 1820. He came to the Pacific coast in 1849, and to Oregon in 1852. San José Pioneer, Dec. 21, 1878. His early life was spent on a farm in his native state. At the age of 25 he married Miss N. J. Hargrove, of Ill., and on the discovery of gold in Cal. came hither, returning to Ill. in 1851 and bringing his family to Oregon. He settled in Lane county iu 1852, where he was elected county judge. He was a member of the legislature of 1857. Representalive Men of Oregon, 178.
433
EFFORTS FOR ADMISSION.
mills on a dollar was levied to defray current expenses; and an act passed to regulate the practice of the courts; and an act appointing times for holding courts for the year 1858.36 These laws were not to take effect until the state was admitted into the Union.
Four weeks of suspense passed by, and it became certain that Oregon had not been admitted. The war debt had made no advancement toward being paid. The records of congress showed no effort on the part of Lane to urge either of these measures, neither did he offer any explanation; and it began to be said that he was purposely delaying the admission of Oregon until the next session in order to draw mileage as both delegate and senator. It was also predicted that there would be difficulty in procuring the ad- mission at the next session, as congress would then be disposed to insist on the rule recently established requiring a population of 93,000 to give the state a representative; but it was hinted that if the senators and representative eleet should be on the ground at the convening of congress, there would still be hope.
36 This was in reference to a law of congress passed in Aug. 1856, that the judges of the supreme court in each of the territories should fix the time and places of holding courts in their respective districts, and the dura- tion thereof; providing, also, that the courts should not be held in more than three places in any one territory, and that they should adjourn whenever in the opinion of the judges their further continuance was unnecessary. This was repaying Oregon for her course toward the federal judges, and was held to work a hardship iu several ways. Lane was censured for allowing the act to pass without a challenge. However, to adjust matters to the new rule, the legislature of 1856-7 passed an act rearranging the practice of the courts, and a plaintiff might bring an action in any court most convenient; witnesses not to be summoned to the district courts except in admiralty, divorce, and chancery, or special cases arising under laws of the U. S .; but the district courts should have cognizance of offences against the laws of the territory in bailable cases; and should constitute courts of appeal-the operation of the law being to place the principal judicial business of the territory in the county courts. Or. Laws, 1856-7, p. 17-23. Another act was passed requiring a single term of the supreme court to be held at Salem on the 6th of Aug., 1857, and on the first Monday in Aug. annually thereafter; and repealing all former acts appointing terms of the supreme court. The object of this act was to put off the meeting of the judges at the capital until after the ad- mission of Oregon, thus rendering inoperative the law of congress-as Smith explained to the legislature at the time of its passage. But it happened that Oregon was not admitted in 1857, which failure left the U. S. courts in sus- rense as to how to proceed; hence the action of this legislature. HIST. OR., VOL. II. 28
434
OREGON BECOMES A STATE.
Acting upon this suggestion, Grover and Smith set out for the national capital about the last of Septem- ber, to hasten, if possible, the desired event.37 At this trying juncture of affairs, Lane gave advice, which the Statesman had the good sense to discounte- nance, that the state, having been organized, should go on as a state, without waiting for the authority of congress. He was afterward accused of having done this with a sinister motive, to bring Oregon into the position of a state out of the union.
It was determined not to hold the September term of the state legislature, which might bring nothing but debt. A few of the members went to Salem at the time appointed, but they adjourned after an in- formal meeting. It now became certain that there must be a session of the territorial assembly at the usual time in December and January, as the territo- rial government must go on during the suspension of the state government. Accordingly, on the 6th of December, the members of the territorial legislature, who had been elected at the same time with the state legislature to provide against the present contingency, assembled at Salem and proceeded to the usual busi- ness. 38
37 Grover's Pub. Life, MS., 71.
38 Council: Jackson and Josephine, A. M. Berry; Umpqua, Coos, Curry, and Douglas, Hugh D. O'Bryant; Lane and Benton, James W. Mack; Linn, Charles Drain; Polk and Tillamook, *N. Ford; Yamhill and Clatsop, George H. Steward; Marion, Samuel Parker; Clackamas and Wasco, A. E. Wait; Washington, Multomah, and Columbia, *Thos R. Cornelius. House: Marion, B. F. Bonham, J. H. Stevens, J. H. Lassater; Linn, N. H. Cranor, E. E. McIninch, John T. Crooks; Polk, Isaac Smith; Polk and Tillamook, H. N. V. Holmes; Benton, *James H. Slater, *H. B. Nichols; Yamhill, A. Zieber, J. H. Smith; Washington, "Wilson Bowlby; Washington and Multnomah, *E. D. Shattuck; Multnomah, *T. J. Dryer; Clatsop, *W. W. Parker; Co- lumbia, W. R. Strong; Wasco, N. H. Gates; Clackamas, A. F. Hedges, D. B. Hannah, B. Jennings; Lane, W. W. Chapman, W. S. Jones; Umpqua, *James Cole; Douglas, "A. E. McGee; Coos and Curry, William Tichenor; Jackson, W. G. T'Vault, S. Watson; Jackson and Josephine, D. Newcomb; Josephine, D. S. Holton. Officers of council: Charles Drain, president; N. Huber, clerk; W. L. White, assistant clerk; H. H. Howard, enrolling clerk; D. S. Herren, sergeant-at-arms; James L. Steward, door-keeper. Officers of the house of representatives: N. H. Gates, speaker; James M. Pyle, clerk; H. W. Allen, assistant clerk; J. D. Porter, enrolling clerk; E. C. McClane, sergeant-at-arms; Joseph H. Brown, door-keeper. Or. Laws, 1858-9, 7-9. * Republican,
435
GOVERNOR'S MESSAGE.
Governor Curry's message indicated the Lane in- fluence. It contained some remarks on what the States- man called the anomaly of a territorial government, and urged that the territorial system was uncon- stitutional, wrong in principle, and not in harmony with the spirit of American institutions. He declared there was no provision of the constitution which con- ferred the right to acquire territory, to be retained as territory and governed by congress with absolute authority; nor could the people of the United States who chose to go out and reside upon the vacant ter- tory of the nation, be made to yield a ready obedience to whatever laws congress might decm best for their government, or to pay implicit deference to the author- ity of such officers as were sent out to rule over them. No such power, according to Governor Curry's view, had ever been delegated to the government by the sovereign people of the sovereign states, who alone could confer it; and the only authority of congress over the territories was that derived from a clause in the constitution intended simply to transfer to the new government the property held in common by the original thirteen states, together with the power to apply it to objects mutually agreed upon by the states before their league was dissolved. The power of en- larging the limits of the United States was by ad- mitting new states, and by that means only. It was contended that California, which had no territorial existence, came into the union more legitimately than Oregon would do, because Oregon had submitted it- self to the authority of the general government. This and more was declared, in a clear and argument- ative style, very attractive if not convincing. The Statesman recommended it to the perusal of its read- ers, at the same time declining to discuss the ques- tion. This was only another indication of the ten- dencies of the democratic party in Oregon, as else- where. Curry's whole argument was an attack on the validity of the ordinance of 1787, to which the
436
OREGON BECOMES A STATE.
founders of the provisional government had tenaciously clung, and a contradiction of the spirit of all the pe- titions and memorials of their legislatures from the beginning to the then present time. He lost sight of the fact that the states were not such in the old- world sense of the term, but parts of a compound state or national confederacy; and as such subject to some general regulations which they were bound to obey. The doctrine that a body of the people could go out and seize upon any portion of the territory be- longing to the whole union, and establish such a gov- ernment as pleased them without the consent of the nation, was not in accordance with any known system of national polity. The object of introducing this subject in an executive message under the existing peculiar political condition of Oregon, and at a time when his connection with territorial affairs was merely incidental, must ever remain open to suspicion. It was fortunate, with leading officials capable of such reasoning, that the people had already voted upon and decided for themselves the question which lay at the bottom of the matter, not upon constitutional grounds, but upon the ground of expediency.
Little was done at this session of the legislative assembly beyond amending a few previous acts, and passing a number of special laws incorporating mining improvements in the southern counties, and other companies for various purposes in all parts of Oregon. Less than the usual number of memorials were ad- dressed to congress. An appropriation of $30,000 was asked to build a military road from some point of inter- section on the Scottsburg road, to Fort Boisé; it being represented that such a highway would be of great value in moving troops between forts Umpqua and Boisé, and of great importance to the whole southern and western portion of Oregon. A tri-weekly mail, by stages between Portland and Yreka, was petitioned
437
PETITIONS TO CONGRESS.
for;39 and the Oregon delegate was instructed to ask for land offices to be opened at Jacksonville and The Dalles, for the survey of a portion of eastern Oregon, and for the establishment of an Indian agency and
39 The Pacific Mail Steamship Company procured the removal of the dis- tributing office for Oregon from Astoria to San Francisco abont 1853, as I have before mentioned, causing confusion and delay in the receipt of mails, the clerks in San Francisco being ignorant of the geography of Oregon, and the system being obnoxious for other reasons. A mail arrived after the ordinary delay at Oregon City, Dec. 21st, and lay there until Jan. Ist, with no one to attend to forwarding the mail-bags to their proper destinations up the valley. Such was the state of things in 1856. The legislature petitioned and remon- strated. In 1857, when Lane was in Oregon and was re-elected to congress, he gave as a reason for not having secured a better mail service that the republi- cans had a majority in congress, when this same republican congress had ap- propriated 8500,000 for an overland mail to California, which was intended to opcrate as an opening wedge to the Pacific railroad; but the democrats, by way of favoring the south, succeeded in establishing the overland mail route by the way of El Paso in Mexico. A contract was concluded about the same time with the P. M. S. S. Co. for carrying mails between Panamá and Astoria, for $248,250 per annum, and the service by sea was somewhat improved, al- though still very imperfect. In the mean time the overland mail to Califor- nia was established, the first coach leaving St Louis Feb. 16, 1858. It was some months before it was established, the second arriving at San Francisco in October, and the first from San Francisco arriving at Jefferson, Missouri, Oct. 9th, with six passengers, in 23 days 4 hours. This was quicker time than the steamers made, and being more frequently repeated was a great gain in communication with the east for California, and indirectly benehted Oregon, though Oregon could still only get letters twice a month.
Before 1837 there was no line of passenger coaches anywhere in Oregon. One Concord coach owned by Charles Rae was the only stage in the Willa- mette from 1853 to 1855. A stage line from Portland to Salem was put on the road in 1857, making the journey, 50 miles, in one day. Iu 1859, a mail and passenger coach ran once a week from Salem to Eugene, and from Eu- gene to Jacksonville. Weekly and semi-weekly mails had been carried to the towns on the west side of the valley, Hillsboro, Lafayette, Dallas, and Cor- vallis; but the post-office department in 1860 ordered this service to be re- duced to a bi-monthly one, and that the mail should be carried but once a week to Jacksonville and the towns on the way. 'If Lane keeps on helping us,' said the Argus, 'we shall soon have a monthly mail carried on foot or in a canoe.' On the other hand, the people were clamoring for a daily mail from Portland to Jacksonville, with little prospect of getting it until the Califor- nia Stage Company interposed with a proposition to the postal department to carry the mail daily overland to Oregon. This company, formed in 1833 by the consolidation of the various stage lines in California, had a capital stock of 81,000,000 to begin with, including 750 horses and covering 450 miles of road. James Birch, president, was the first advocate in Washington of the over- land mail to the east, and by his persistence it was secured. In 1859-60 the vice-president, F. L. Stevens, urged upon the department the importance of a daily mail line overland from S. F. to Portland, and succeeded in gain- ing bis point and the contract. In June 1860 the California company placed its stock on the road as far north as Oakland, connecting there with Chase's line to Corvallis, which again connected with the Oregon Stage Company's line to Portland, making a through line to Sacramento in October. It required a considerable outlay to put the road in repair for making regular time, and at the best, winter travel was often interrupted or delayed. Then came the great flood of 1861-2, which carried away almost all the bridges on
438
OREGON BECOMES A STATE.
military post in the Klamath Lake country.4º On the 22d of January the legislative assembly adjourned without having learned whether its acts were invalid, or the state still out of the union; but not without having elected the usual list of territorial officers.41
the line, and damaged the road to such an extent that for months no mails were carried over it. But nothing long interrupted the enterprises of the company. In due course travel was resumed, and in 1865 their coaches ran 400 miles into Oregon. This year the company demanded $50,000 additional for this service, which was refused, and in 1866 they sold their line to Frank Stevens and Louis McLane, who soon re-sold it to H. W. Corbett, F. Corbett, William Hall, A. O. Thomas, and Jesse D. Carr, and it was operated until 1869 under the name of H. W. Corbett & Co. Carr then purchased the stock, and carried the mail until 1870, when the Cal. and Or. Coast Overland Mail co. obtained the contract, and bought Carr's stock. They were running in 1881, since which period the railroad to Oregon has been completed, and carries the mail.
The first daily overland mail from St Joseph, Missouri, to Sacramento ar- rived at that place July 18, 1861, in 17 days 4 hours, having lost but 40 hours running time. One passenger, Thomas Miller, came directly through to Ore- gon-the longest trip by coach ever made. In consequence of the civil war, the southern route was abandoned, and the central route by Salt Lake estab- lished, the precursor of the railroad. Indians and highwaymen caused its discontinuance in 1862, and the government accepted the services of a regi- ment of infantry and 5 companies of cavalry to protect it between Salt Lake and California, while the 6th Ohio cavalry kept watch on the plains east of Salt Lake.
Contemporary with the daily overland mail was the Pony Express, a de- viee for shortening the time of important mail matter. W. H. Russell of Missouri was the founder, and ran his ponies from the Missouri to Salt Lake, connecting with the ponies of the overland mail from there westward. The time made was an average of 8 days, or half the time of the coaches. In Nov. 1861, the telegraph line from the Missouri to the bay of San Francisco was completed, though the pony express continued for some time afterward. By the aid of telegraph and daily mail, Oregon obtained New York news in 4 days, until in 1864 a telegraph line from Portland to Sacramento had finally done away with space, and the long year of waiting known to the pioneers was reduced to a few hours.
40 There was a clause in the constitution which prohibited the legislature from granting divorces, which prohibition ou becoming known stimulated in a remarkable manner the desire for freedom from marital bondage. Thirty- one divorces were granted at this session of the territorial legislature, which would be void should it be found that congress had admitted Oregon. For- tunately for the liberated applicants, the admission was delayed long enough to legalize these enactments. It was said that as many more applications were received. The churches were shocked. The methodist conference de- clared that marriage could be dissolved ooly by a violation of the seventh commandment. The congregationalists drew the lines still closer, and in- cluded the slavery question. Or. Argus, July 28, IS60; Or. Statesman, Sept. 20, 1839.
$1 D. Newcomb was chosen brigadier-general; George H. Steward quarter- master-general; A. L. Lovejoy commissary-general; D. S. Holton surgeon- general; J. D. Boon treasurer; B. F. Bonham auditor and librarian. The ex- pense of the territorial government for 1858 was $18,034.70. To pay the expenses of the constitutional convention a tax of If mills was levied on all taxable property. Or. Laws, 1858-9, 40.
439
A BROKEN IDOL.
Before the adjournment, letters began to arrive from Grover and Smith relative to the prospects of Oregon for admission. They wrote that republicans in con- gress opposed the measure because the constitution debarred free negroes from emigrating thither, as well as because the population was insufficient, and that an enabling act had not been passed. These objections had indeed been raised; but the real ground of republican opposition was the fact that congress had refused to admit Kansas with a population less than enough to entitle her to a representative in the lower house, unless she would consent to come in as a slave state; and now it was proposed to admit Ore- gon with not more than half the required population,42 and excluding slavery. The distinction was invidious. The democrats in congress desired the admission be- cause it would, on the eve of a presidential election, give them two senators and one representative. For the same reason the republicans could not be expected to desire it. Why Lane did not labor for it was a question which puzzled his constituents; but it was evident that he was playing fast and loose with his party in Oregon, whom he had used for his own ag- grandizement, and whom now he did not admit to his confidence. The hue and cry of politicians now be- gan to assail him. The idol of Oregon democracy was clay 143
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