USA > Oregon > Pioneer days of Oregon history, Vol. II > Part 21
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The fact that a mere handful of American citizens, who settled in Oregon at a very early day, organized and sus- tained for a term of years a provisional government, driven to take such action by the neglect and apparent indifference of their home government, forms one of the most striking incidents-actually without a parallel in our nation's his- tory-in connection with the settlement and development of the Pacific region.
The Hudson's Bay Company lived under the laws of Great Britain, and its officers had arbitrary rule and control over the immense territory occupied by that company. They needed no other government, and were certain to oppose any action looking to its organization, for the very good reason that any organization among the Americans would strengthen their hold upon the country and render more cer- tain their ultimate control. However Dr. McLoughlin might favor emigrants by furnishing them much needed supplies, and by acts dictated by his boundless benevolence and humanity, he was necessarily true to the interests of the
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Hudson's Bay Company that were analogous to his own. So he always, in early stages of this great question, was to be found arrayed in opposition to it. But grad- ually, as the number of Americans increased, the sentiment in favor of some sort of organization and government in- creased.
The question of possible war, as the result of the failure of the two nations to agree on a boundary, was discussed on both sides. The Americans felt that in such a contingency they would be greatly at a disadvantage. Ermatinger, one of the officers of the fur company, claimed the superiority of the British, because there was a large number of mixed- breeds in Oregon already armed and trained as hunters ; that with these eight hundred dependents the Hudson's Bay Company could hold the natural passes on rivers and moun- tains and be able to thwart all efforts of the United States to take the country. Of course, the uttering of such senti- ments impressed the Americans with their own weakness, and there were some wise enough to see that organization was necessary; that if organized and governed, emigration would be stronger, for up to 1840 there had been no regular emigration. A small force of Americans had drifted thither without aim or design; some had been left by shipwreck ; others had come here from the mountains ; others again had found their way overland from California, or over the sea from the Sandwich Islands.
There were difficult questions to meet in organizing any form of government. First, as to what geographical area should be included; second, who should be the governing class. Mr. Jason Lee wished to only govern the territory south of the Columbia, while our government claimed all the
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Sound country. The population of Oregon included the officers and employés of the Hudson's Bay Company, and the latter were often ignorant and degraded. Of Americans, there were missionaries-the aristocracy of that day-and the commonalty, who had drifted hither by land and sea. The British interests, counting half-breeds, was in the ma- jority, and Dr. McLoughlin and his subjects would be sure to oppose any government. The position of Dr. McLough- lin was difficult, for he must be true so his company and to his nation. The Americans were to a man hostile to the Hudson's Bay Company. Even if they were personally friends with those of the company's men they knew, they were as Americans opposed to their power and influence. There was here, then, a strongly defined British and Ameri- can sentiment to be conciliated and harmonized before any form of government could be adopted. While the British party opposed any attempt at government, the Americans were not united on that question, but differed as to what government was needed here, and some doubted if any gov- ernment was advisable in view of the probability that Con- gress would soon act on the question of a territorial gov- ernment for Oregon.
A few days after this meeting at Champoeg, February 7, 1841, word went round the settlements that Ewing Young had died on February 15th. There was a general gathering of the people to attend his funeral on the 17th. He had filled an important place, and whatever his faults, had been a useful man in the little colony who had made homes on the Willamette, as the sketch of his life shows. The funeral ceremonies being over, the men present-comprising many settlers of this valley, if not most of them-assembled on
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the premises to discuss the question of organizing a civil government, a new demand for which was created by the necessity to settle in a legal manner the estate of Young. Rev. Jason Lee was chairman and Rev. Gustavus Hines secretary. George W. Le Breton was added to the committee of arrangements appointed at Champoeg. It was recom- mended that a committee of seven be chosen to draft a con- stitution and by-laws to govern the community south of the Columbia. It was resolved that those residing north of the Columbia could, on application, be admitted to the protec- tion of the said law in case they had no connection with the Hudson's Bay Company. The meeting advised the com- mittee to create the following officers : a governor, supreme judge with probate powers, three justices of the peace, three constables, three road commissioners, an attorney-general, a clerk of courts, a recorder, treasurer, and two overseers of the poor. The meeting adjourned to meet the next day at the Methodist Mission, and though notice was short, nearly every citizen was there. A committee to draft constitution and laws was chosen as follows: Rev. F. N. Blanchet, Rev. Jason Lee, Rev. G. Hines, Rev. J. L. Parrish, David Don- priere, M. Charlevon, Robert Moore, Etienne Lucier and William Johnson. Bishop Blanchet having asked to be ex- cused, Dr. Bailey was named afterwards in his place. This was done on June 1st, at a meeting where Rev. David Leslie presided.
The committee on constitution and laws not having taken action were instructed to meet for work August 1st, and to have their work ready to report the first Tuesday in Octo- ber, to which day the meeting adjourned. The committee was also instructed to confer with Commodore Wilkes, of
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the United States exploring expedition, and with Dr. Mc- Loughlin, chief factor of the Hudson's Bay Company, to learn their views relative to the proposed provisional gov- ernment.
It would seem as if the movement for a provisional gov- ernment was making fair progress and must take some shape after so much had been accomplished, but on the contrary it fell through entirely, as the meeting appointed for early in October does not appear to have ever been held. No record had been found of its proceedings ; a reasonable supposition is that it fell through and the movement ter- minated as we state. The committee did confer with Com- modore Wilkes and Dr. McLoughlin, but those eminent gentlemen pronounced the effort to be useless at that junc- ture ; both advised the settlers to wait patiently for Congress to take action and furnish its territory on the Pacific with a government.
Those who have written Oregon history have so multiplied words as to have become involved in style and lacking in per- spicuity. I have had harder work than splitting rails to get out of the mass of words used the clear facts of actual history. The meetings held subsequent to Ewing Young's death resulted in creating a supreme judge with probate powers, to which position Dr. J. L. Babcock was elevated by the direct action of those assembled. As the legislative com- mittee of nine were finally instructed, there was no govern- ment, and Dr. Babcock became the head and front of the in- fant State. He entered upon the duty of administering the estate of Ewing Young immediately, and did it to the entire satisfaction of all the community. He acted by order of the meeting under the laws of New York State.
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George W. Le Breton, who came to Oregon with Captain Couch, was elected recorder, and William Johnson, sheriff ; justices of the peace were Gervais, Cannon, Moore and Judson ; Constables, Gervais, Ladaroot, McCarty, and Bellique. How Gervais managed being both justice and constable is not explained.
This meeting seems to have succeeded remarkably well, and if any default occurred later it was due to the opposi- tion of Dr. McLoughlin and Commodore Wilkes, as we have stated. It adjourned to meet at the American mission house on the first Tuesday in October, 1841, but there is no record that any such meeting ever was held. The committee on constitution and laws was to meet in August, but the op- position of Commodore Wilkes and Dr. McLoughlin proved fatal, and no further effort was made. The general good will and spirit of conciliation that prevailed, the forbearance shown by the whites toward the Indians and for each other, with the further fact that there were Canadian magistrates to control the British element and their followers, and the great humanity and kindness that Governor McLoughlin showed, rendered it unnecessary to have other form of gov- ernment for the few whites who were then in the country. The missionaries were messengers of peace, if they were somewhat dictatorial.
The unfavorable action of Commodore Wilkes induced the legislative committee to drop the matter, but the people were not satisfied. It was currently asserted that the com- modore had partaken so liberally of the generous hospitality of Dr. McLoughlin that his judgment was warped; that he too easily accepted the arguments of the chief factor, because they were flavored by his excellent wines. So the
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movement for a popular government was a failure. Com- modore Wilkes and Dr. McLoughlin argued with the com- mittee of nine that it was not expedient to organize a gov- ernment so long as the moral sense of the community held it together and was sufficient for all legitimate ends, and while the people were so few in number and so simple in their habits. But there was a far more cogent reason pres- ent on every mind that outweighed all argument. The peo- ple were few and widely scattered, and while they possessed means to live in the primitive manner of pioneer days, they were too poor to be able to pay for such a government as they desired. The only law book among them was a solitary copy of the Iowa statutes; there was no printing press to print laws if passed. It did not seem possible to sustain even the most simple form of government, and they hesitated before undertaking it. That a community of a few hundred whites and half-breeds, occupying a territory 500 miles square, equal in area to New England and the Middle States, should talk of sustaining a local government at their own expense, seems incredible.
Two years passed without further effort but with con- siderable increase of population. In 1842 there came over the plains the first organized emigration, and the need of some system of law was more apparent than ever. Little was said on the subject, but there were a few who waited their opportunity to make another movement to establish some sort of self-rule that would give Americans the protection that British citizens already possessed. With the increase of flocks and herds came heavy losses by depredation of wild animals. About the only wealth possible and within the reach of Oregon pioneers in that early period was the
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stock running on the abundant pastures, and as these in- creased, so did the wild animals increase that lived at their expense. One of those who cherished the hope of forming a home government was W. H. Gray, who came as a lay missionary and was now, after eight years in the country, a settler in the Willamette. He and some others often con- sulted together as to the best means of accomplishing the desired end. When the depredations of wild animals be- came a matter of common concern, they conceived the plan to call the people together, ostensibly to provide a defence for stock against wild animals and beasts of prey, and then to improve the opportunity and introduce the movement for a provisional government.
On the second day of February, 1843, in accordance with previous notice, a meeting was held at the Oregon Insti- tute, at which Dr. Babcock presided, to take measures for protection of stock from wild animals. A committee of six was appointed to call a general meeting and report business. It was decided that this meeting should be held the first Monday in March, at the house of Joseph Gervais, on French Prairie. While the Canadian French as a class were subservient to and dependent on the Hudson's Bay Company, there were among them a few intelligent and influential men, such as Joseph Gervais and Etienne Lucier, both of whom came to the country with Wilson P. Hunt, and a pure Frenchman from the Rocky Mountains, who came with them. Besides these three there was F. X. Matthieu of Butteville, a much respected citizen who was also French Canadian, but who came to Oregon of his own volition. Of course, these men affiliated with their country- men, but were not dependent on the Hudson's Bay Company,
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so were independent in their action, and that action was in harmony with the American sentiment.
The first movement toward the "wolf meeting" was held at the residence of W. H. Gray, and great credit is due to him for his indefatigable efforts to insure the success of the provisional government. For some time previous he rode through the valley to inform himself as to the wishes of the people. He labored to convince the doubting and reassure all those who desired action. He did more than any, or perhaps all others, to organize and perfect the movement and insure its success. I am inclined to believe that its ultimate success was due to his personal endeavor and good tact and management. So it was that this "Wolf Meeting" of March, 1843, became historical as the initia- tion of Oregon self-government, though success was not at- tained without continued struggle and effort. Between the first and second meetings referred to notice was given to all settlers by call in person, and Le Breton and others quietly interested themselves to learn what views were held concerning the organization of a government by those who were certain to be in attendance.
An interest in this question had been kept up by debates at the Oregon City lyceum, where Dr. McLoughlin ad- vocated having a government independent of both the United States and Great Britain. The debates were par- ticipated, pro and con. Every possible means were used to give the subject prominence. Among those who electri- fied these lyceum debates was Dr. Elijah White, deputy sub-Indian agent for the United States, who settled the question of expense by pleading that they could elect him governor, and as he already had a munificent salary, $750,
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from the general government, he could do what no other equally valuable citizen could do-work without a salary. The population was sparse then ; "The Falls" was the com- mon centre, so common that anything of importance that was said there was repeated and went broadcast. So Dr. White, by eloquently and warmly arguing his case before The Falls lyceum, actually advertised his candidacy to all Oregon.
All the community was interested in the ostensible object of the wolf meeting; the most powerful opponents of organized government were the Hudson's Bay Company and the Methodist Mission, who were most interested of all, as they were the greatest holders of stock. Of course, there was no opposition to the measures proposed for exterminat- ing the wolves, so the primary object of the meeting was accomplished with the greatest harmony. James O'Neil, who was made aware of the ultimate design of the meeting, was called on to preside. The wolf business being disposed of and people ready to disperse, Mr. Gray arose and in- troduced the main question. His remarks had great per- tinence and corresponding effect. They had secured united action to protect their flocks and herds, and now the ques- tion occurred to him, if we have any sufficient protection for our families? He alluded to the danger of Indian out- break, or a massacre and destruction, and closed with an appeal to have protection for persons and lives as well as for cattle and herds. He offered resolutions to appoint a committee of twelve to take measures for civil and military protection.
It must be conceded to our pioneers that they were famous on appointing committees. All provisional govern-
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ments hitherto had begun and ended by appointing com- mittees. The twelve appointed now were Dr. Babcock, Dr. White, O'Neil, Shortess, Newell, Lucier, Gay, Gervais, Hubbard, Mckay, Smith and Gray. This committee met later in March at The Falls; the principal men there at- tended and took part in their deliberations, including Rev. A. F. Waller, Messrs. George Abernethy and Robert Moore. Mr. Lee and Mr. Abernethy denounced the movement pro- posed as unnecessary and unwise. So much opposition and diversity appeared that it was resolved to call a public meeting on May 2d, at Champoeg, to perfect the organiza- tion. During this time a paper was circulated for signature of "Canadian citizens of Oregon," addressed to the Cham- poeg meeting and approving the action to be proposed at that meeting. Meetings in opposition were held at Van- couver, The Falls, and at the Catholic Church on French Prairie. No effort was spared to organize the opposition.
On the appointed day, May 2, 1843, the entire com- munity of Oregon males was present at Champoeg. The British element was well organized and instructed to vote "No" to any and every motion coming from the other side. Le Breton, who had an insight into the intentions of the opposition, "put up a job" on them by having certain mo- tions put where the British interest should vote "Aye," but did not. This showed that they had been drilled to order. After some skirmishing, Le Breton made up his mind that, despite the disaffection of Methodists and others, the game was safe. So he called out: "Let us divide and count !" W. H. Gray shouted, "I second it," and Jo Meek, who with all his shortcomings was patriotic to the core, struck out for open ground, shouting, "All who favor the committee's re-
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port and organization follow me!" The actual count showed 52 for and 50 against, and the hard fought battle was won. Those opposed soon withdrew.
A legislative committee, consisting of Messrs. Hill, Shortess, Newell, Beers, Hubbard, Gray, Moore, O'Neil and Doty, were instructed to report at Champoeg, July 5, 1843. Their per diem was to be $1.25, but each man sub- scribed the amount of his pay, the session being limited to six days. Messrs. Beers, Parrish and Babcock engaged to see that board was provided them and the old granary of the Methodist Mission was offered as a legislative chamber. So the legislative department of the provisional government was put into motion without a dollar's expense.
At the meeting, May 2, 1843, W. E. Wilson was elected supreme judge, with probate powers; G. W. Le Breton, re- corder and clerk of court ; J. L. Meek, sheriff ; W. H. Will- son, treasurer ; Burns, Judson, Campo and A. T. Smith, magistrates ; Ebbert, Bridges, Matthieu and Lewis, con- stables ; William McCarty, C. McRay and S. Smith, cap- tains.
It was decided that the old officials remain in office till the laws are made and accepted; then the meeting adjourned to meet at Champoeg July 5, 1843.
At that date the legislative committee had perfected its work. The country was divided into four districts : Tuality -all west of the Willamette and north of the Yamhill; Yamhill district-west of the Willamette and south to Cali- fornia ; Clackamas district was to include all the territory not in the other three, and Champoick, all the country east of the Willamette, south from Clackamas to the California line and east to the Rocky Mountains. This definition
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would be considered wide and indefinite at the present time.
The committee on ways and means recommended a sub- scription for the purpose of meeting the current expenses of the government, as the general sentiment was opposed to taxation. The judiciary committee recommended several judicial districts as population might require ; that freedom of worship be guaranteed; that benefits of habeas corpus should be preserved ; religion, morality and knowledge to be encouraged; no slavery or involuntary servitude, except as penalty for crimes ; all elections to be held on the second Tuesday of May; electoral franchise to be restricted to whites of legal age ; executive power to be vested in a com- mittee of three persons elected annually ; legislative power vested in committee of nine persons ; judicial power vested in a supreme court ; also providing for other officers. As there chanced to be an Iowa Code in the country, portions of same were to be the law of the land until laws were specially pro- vided.
A law was reported organizing the territorial militia ; also a land law allowing 640 acres to be located in square or par- allelogram, and improved within six months, town sites and extensive water privileges being excepted from such loca- tion, which last clause was supposed to be aimed at the claim of Dr. McLoughlin to Oregon City town site and the Willamette Falls power.
One cannot but be surprised at the moderation and judg- ment shown by the friends of provisional government in every movement made. They preferred to wait until public opinion was ripe rather than allow any disaffection toward the proposed organization to divide those who were truly
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Americans. The hostility of the Hudson's Bay Company and its employés was something they could meet ; but when the Methodist Mission failed to harmonize with them, that was a serious matter. It is not easy to see how the mis- sionaries stood aloof as they did, when American unity was so much to be desired. But they certainly did. There was cordiality between them and Dr. McLoughlin, and it is not very strange if they felt like yielding all that was consist- ent with honor and patriotism to please him, for he had favored and accommodated them in many ways. The meet- ing at Champoeg created twelve as a committee, who were to frame a constitution and propose a code of laws for popu- lar acceptance. The battle was not won, but the Ameri- cans occupied the field and had many points of vantage. It remained for the popular voice to accept or reject, and the action of the committee must be wise and beneficent to se- cure acceptance as desired.
On the 10th of May the twelve met at The Falls, in the building tendered by the mission for the purpose. While Dr. Babcock, Mr. Hines and others hesitated, and even op- posed, it is to their credit that they facilitated, by all means in their power, the general effort, and gave of their means liberally to prevent any burden of taxation upon the people. The warehouse of the mission, thus erected into a legislative chamber, was a very plain structure, not at all in harmony with recent Oregon efforts to shelter legislators. It was a rude frame building, sixteen feet by thirty, and two low stories in height. The lower part was divided, and one-half used as a hall; here it was, in quarters fifteen by sixteen feet, that our first legislators met and studied the art of government for Oregon.
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Mr. George H. Himes, Secretary of the Oregon Historical Society, gives the following as a nearly complete list of names of those present at Champoeg, May 2, 1843:
English-speaking settlers, mostly Americans: Robert Shortess, George Gay, John Howard, William H. Gray, J. L. Babcock, Rev. Gustavus Hines, Rev. Harvey Clark, Rev. J. S. Griffin, L. H. Judson, W. H. Willson, George W. Ebberts, Robert Moore, T. J. Hub- bard, - Doty, John Ford, William McCarty, Charles Campo, Amos Cook, Caleb Wilkins, David Hill, Medorem Crawford, George Aber- nethy, F. W. Pettygrove, J. L. Morrison, Robert Newell, Sidney Smith, Joseph L. Meek, G. W. Le Breton, Joseph Holman, Rev. David Leslie, Rev. J. I .. Parrish, A. T. Smith, Alanson Beers, A. E. Wilson, Hugh Burns, James A. O'Neil, - Larison, Reuben Lewis, J. C. Bridges, C. McRay, Rev. W. W. Kone, Francis Fletcher, William Johnson, Joseph Gale, L. W. Hastings, Peter H. Hatch, - Barnaby, Rev. A. F. Waller.
French-Canadians: Xavier Laderoute, Antoine Bonanfant, Andre La Chapelle, Pierre Papin, Jean Du Charme, Louis B. Vandalle, Fabien Maloin, Luc Pagnon, Etienne Gregoire, Amable Arcouette, Pierre De Lord, Louis B. Vandalle, John Sanders, Pierre Pariseau, Charles Rondeau, David Doupierre, Andre Du Bois, Pierre Depot, Moyse Lor, Pierre Le Course, Pierre Belaque, Augustin Remon, Joseph Matte, Francis Bernier, Joseph Bernabe, Baptiste Deguire, Adolph Chamberlain, Jean Lingras, Jean Servas, Alexis Aubichon, Michelle Laferte, Jean B. Dalcourse, Louis Osant, Jean B. Aubichon, Antoine Felise, Michael Laframboise, Joseph Gervais, Jean B. Paupin, Olivier Brisebois, Thomas Roa, Louis Boivers, Andre Langtain, Etienne Lucier, Alexis Lapratte, Gedereau Sencalle, Thomas Moison, Pierre Gauthier, F. X. Matthieu.
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