USA > Oregon > Pioneer days of Oregon history, Vol. II > Part 22
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The French names and several of the English names were given by Mr. F. X. Matthieu.
The William Johnson named above was an Englishman by birth, and in early life served in the English navy. About 1810 he came to the United States on a British frigate, deserted and became a citizen of the United States by naturalization. In 1812 he enlisted in the United States Navy and was one of the crew of the Consti- tution-old "Ironsides"-when she won imperishable renown in cap- turing the Guerriere. A number of years later he entered the employ of the Hudson's Bay Company, and finally came to the Pacific coast,
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and in the late thirties located at what is now Portland, building a log cabin in the southern part of the city. According to Mr. W. L. Higgins, who came to Oregon early in 1843, the location of this cabin would be on the block bounded by Macadam and Hood, Whitaker and Curry Streets. Mr. Higgins had a personal acquaintance with John- son, and was at his cabin a number of times.
Robert Moore, of Linn City, was chairman, and Le Breton secretary. The first question in government must be to provide an executive, and they were instructed to provide for no governor. But when they got to work, saw and felt all the difficulty of the situation, and realized that the com- ing State must have an executive, they finally surmounted this difficulty by creating an executive committee of three, which could veto bills and execute laws. Another advan- tage of this triumvirate was that the Methodist Mission could be placated by having a man of their own on the ex- ecutive committee and so divide the honors, where a member of the mission might not be elected governor by popular vote. In this manner the assent and co-operation of the mission was secured and all Americans finally harmonized.
The meeting of July 5th saw almost the entire male population of Oregon assembled at Champoeg to hear the report of the legislative committee and to transact any business in their collective capacity that might devolve upon them. Many of them came a long distance. It is to be regretted that all their names cannot be given and the cir- cumstances related under which they were assembled. Many of them were living in the Willamette valley, but even these had to journey a long distance, and at no small incon- venience, to be there. Others again lived on the Lower Co- lumbia, and some had homes on Clatsop Plains. It would be a satisfaction to know actually who were there from all
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localities, and hand down the fact of their attendance as an incident of pioneer history. Certain it is, that this day had been long expected and looked for, and there gathered on the banks of the beautiful Willamette, at Champoeg, nearly all the Americans who up to that time had made their homes in Oregon. As they rode up on horseback and dis- mounted, they joined in groups to discuss the great ques- tion of the hour. The committee of twelve, too, had been together studying the needs of this little far-away com- munity on the Pacific, and were affiliated and harmonized by such association and labor. It remained for the people to learn what they had to recommend, and for them to learn how the people would judge their work-whether their jour- neying and labors were only time wasted, or if their wis- dom would be approved and accepted as laws of Oregon. Since men commenced to enact history, it has seldom been allotted to plain and honest yeomen to fulfil a duty so im- portant and requiring equal wisdom. The day was open and passed away as other summer days do, so far as July could blazon it with sunshine. Mr. Gustavus Hines pre- sided, though he was one who continually had opposed the movement. He presided over a convention of the people of Oregon. Not only were they Americans born, or by adop- tion and sentiment, but the more independent of that for- eign element that lately stood aloof, now came to cast their lot with their American neighbors. The majority of those allied to the British interest, who were both ignorant and incapable, remained absent. It was something gained when the most worthy of those who had been in opposition became co-workers to secure good government. The unreconciled element declared it would not recognize any government
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that might be formed, and the Hudson's Bay Company, in a memorial addressed to the leaders of the American move- ment, declared ability to abundantly protect themselves and protect their political rights. In view of the power this corporation exercised, and the almost dependent condition of many of the settlers who had been favored by it, we must accord great firmness and courage on the part of those who dared to assert themselves, as the majority did.
Peculiar credit is due to W. H. Gray, who took such an active part in all the movements toward organization. Though he was by nature impulsive and hasty, he main- tained the wisest caution. The report of the committee, with all its important provisions, having been submitted by Robert Moore, chairman of the legislative committee, the people passed favorably on its acceptance, though it was bitterly opposed by Gustavus Hines, who especially de- nounced the tripartite executive. Jason Lee, however, who was not earnest in supporting the report, did not see so much to oppose as Mr. Hines did. Dr. Babcock was de- cidedly hostile for various reasons, one of them being that it seemed to him to be a permanent organization instead of one to terminate when Congress should set up a territorial government. Here Mr. Gray took the floor and admirably reviewed the whole matter in argument. By favoring the views of some and harmonizing with skill the objections of others, he caused union of action to be the outcome of all this diversity. As we have said before, Mr. Gray made this his great opportunity, and the success that marked the pro- visional government was more due to his active efforts than to any other cause. He showed the imperative need of some governing mind to execute laws, and that this executive
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committee, while it filled that position, was also a council to weigh the acts of legislation and serve as a check upon them. Without some sort of an executive all would be in- complete. He eloquently referred to the distance this Ore- gon community was from any other ; that while a portion of its members were protected by the laws of Great Britain, Americans had no protection. There were but two or three negative votes and the measures proposed were all adopted.
On a ballot for election of the executive committee, Alan- son Beers, Joseph Gale and David Hill were chosen to the important position. The convention then proceeded to elect other officers. On the 5th of July, 1843, the citizens of Oregon wisely organized a provisional government for their mutual safeguard. Argument had freely been urged against it for the reason that it looked to a permanent or- ganization, independent of the United States. It is not known if any number of those who participated in this movement had such desire, and it is believed they did not. The preamble to the organic law adopted that 5th of July set at rest any fears concerning the loyalty of this com- munity to the United States, for it read as follows :
We, the people of Oregon Territory, for the purpose of mutual protection and to secure peace and prosperity among ourselves, agree to adopt the following laws and regulations until such time as the United States of America extend their jurisdiction over us.
One memorable fact in connection with this popular movement, coming as it did from people who had lived in Missouri, was their decided assertion against slavery. Al- most without exception they took ground that Oregon
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should be a free country and not tolerate slavery. And when the better organized government went into force, two years later, Jesse Applegate, who had reached Oregon from a slave State since the date of the organic act, offered a reso- lution of the same character. It was evident that the pioneers who planted American sentiment on the Pacific brought here not only love of country but devotion to lib- erty as opposed to slavery. They came, as did Captain Morrison, to get away from slavery. The official certificate of election reads as follows :
WALLAMET, OREGON TERRITORY, July 5, 1843.
This certifies that David Hill, Alanson Beers and Joseph Gale were chosen the executive committee of the Territory of Oregon by the people of said Territory, and have taken the oath for the faithful performance of the duties of their offices as required by law.
GEORGE W. LE BRETON, Recorder.
As the provisional government used the orthography "Wallamet," and the University at Salem at an early day employed the same spelling, it is a little strange that the present spelling of the word ever became a usage. It is certainly a corruption of the pronunciation, for the natives gave it a very broad sound, like Waugh-lam-ut, far from "Willamette." The meaning of the word, too, is worth re- membering, because on its shores the tribes or bands would meet to harmonize their differences ; therefore, it was called Wallamet, or "Waters of Peace," which is the literal trans- lation.
Up to this time we have noticed that George W. Le Breton generally officiated as the secretary of all public conven-
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tions, and that he was elected recorder at the first election. Le Breton was as capable and useful as he was popular, but that usefulness was cut short, and a promising career ended by a poisoned arrow shot in a fight with vagabond Indians at The Falls, so we shall see his name in Oregon annals no more.
I am trying to pen-picture the times and the people of pioneer days. It will have answered this purpose when we trace the provisional government to its ultimate comple- tion, show it finally equipped and organized as it was in 1845, and remained until the tardy action of Congress raised the national standard over a legislature of its own creation. But this faithful people had long before or- ganized a government as effective as need be. They had created no new emblem of sovereignty to designate it, but had always governed themselves, made laws, and executed them, as well, under the same flag that was the emblem of power and liberty in the far East where they were born. It is touching to the heart of any American to-day to look back upon the patient waiting of these sons of America. They continually memorialized Congress for action, for some recognition, some protection, but could say that through all those long years when they asked this parent for bread it gave them a stone. The few who were there in 1840 had arrived by devious routes ; some had come down from the mountains, because they had killed off the beaver and could earn no more money trapping ; some strayed northward, overland, from California; and others drifted off the ocean to this far-away land. Then there were the missionaries, who were really the only ones with families, and the only ones that came hither with a purpose, unless
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we count the people who came with Astor's expedition. The several expeditions of Bonneville, Lewis and Clark, Wyeth, and Hall J. Kelley, as well as vessels that came here to trade, left occasionally one or more to increase the American force. When, almost imperceptibly, they became a hundred, they grew homesick for some recognition that they were American citizens on American soil, and entitled to protection by the American government. They saw the British ensign flaunt the western breeze at Vancouver ; they heard the sound of cannon doing it honor, and knew that the British parliament had formally recognized Brit- ish subjects in Oregon as entitled to protection. As early as 1840 they petitioned Congress, and continually there- after they memorialized and petitioned Congress and the Presidents, but they had only broken promises sent them in return.
The executive committee elected in 1844 were P. G. Stewart, O. Russell, and W. J. Bailey; in their message to the legislative committee, June 18, 1844, they showed the peculiar conditions of the country, the joint occupancy by two great nations, the possession of the region by savage tribes; that they were improving the country with the consent, but without the protection of the general govern- ment, and were exercising the self-evident right to make laws to protect themselves where no law existed; the legisla- tion of 1843 anticipated the possession of the country im- mediately by the United States, and laws were framed for temporary good; but that not being realized, it was neces- sary to have a more perfect organization ; that the executive power be vested in one person; that the judicial system be enlarged ; that the laws of Iowa be made the basis of action.
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Also, that militia and land laws be amended, roads located, ferries established, education encouraged; that the laws of Iowa be considered concerning blacks and mulattoes ; also, laws to regulate the intercourse of whites among the In- dians ; "and, in conclusion, we desire to impress your minds that although the colony is small and its resources feeble, yet the life, rights and liberties of an individual here are of equal value to him as to one in the city of Washington or London. And it is a duty which devolves on you and on us to use as much discretion, vigilance and caution in maturing and adopting measures for promoting the in- terests of the little colony, as if we expected our names and acts would be enrolled in the pages of history, or inscribed on pillars of stone when our day and generation shall have passed away." It is not possible to phrase a more dignified, statesmanlike and patriotic announcement than this, issued by the executive committee of Oregon on that occasion ; more modest and sensible words were never uttered.
There were no lawyers in the first legislative committee, and its work was crude if possessing much of value. The executive committees now elected saw the need of perfecting this initial legislation, and there is no reason to suppose it was done in a captious spirit or from want of respect for their predecessors. The legislative committee had at least one sound lawyer, Peter H. Burnett, and sound minds were able to discuss the questions to arise, with his aid to for- mulate the work in legal measure.
The legislative members elected in the spring of 1844 were: Tualatin District, Peter H. Burnett, David Hill, M. M. McCarver, M. Gilmore; for Clackamas District, A. L. Lovejoy; from Champoeg District, Daniel Waldo,
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T. D. Keizur, Robert Newell; there was no election in Yamhill.
The first session of the provisional legislature commenced June 18, 1844. It took very decided action relative to slavery and liquor, prohibiting the ownership of slaves in the territory and the sale or use of ardent spirits, which last was a necessary safeguard against a fearful possibility of evil. While whites are mean enough when they get liquor "aboard," Indians become insatiate fiends when they can procure alcohol. So it was necessary to insure safety for the lives of their families that liquor should not be per- mitted to exist in any shape that it could come into general use. I have before told of "Dick McCary" and Dr. White, and how the stills that Dick made were broken up, until he hid one away in the mountains and there manufactured "blue ruin" for the poker club. When I did so, I supposed that Richard was comfortably and years ago gathered to his fathers, but I learn that in 1885 he resided east of the Cascades, and his dusky spouse also, each of them weigh- ing a trifle less than 300 pounds. People are very long lived east of the Cascades, and the manufacture of blue ruin did not necessarily shorten life.
One feature of the act to prohibit slavery seems very obnoxious, though we have the satisfaction to know that it never was enforced. The master of any vessel that brought a negro into the country was obliged to take him away again; any negro found here was to be arrested by the sheriff and have forty lashes every once in a while, until he concluded to leave. How such a measure ever be- came a law is very strange. The people were not in favor of it, and no officer could be found to enforce it, so it was
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a nullity, though it disgraces the statute books. The two votes against the bill were Looney and Hill, and their objection may have been to this feature.
The new legislature met in Oregon City. The convention was held at Champoeg, but now there is nothing of conse- quence left where Champoeg was. In the terrible floods of the winter of 1861-62, all that had been Champoeg (and no doubt including the warehouse where the people met) was swept down the raging waters, with nothing to hinder their reaching the distant sea. Oregon City was also. badly wrecked at that time; I cannot say if the building where the first legislature met went with the rest or no. Perhaps it was built on a rock the waters did not reach. It was so unique in style and architecture that we will see it a moment and then "move on." Thornton says it consisted of posts set in the ground, grooved on two sides, so that the poles reaching from post to post were framed to be let into these grooves, and so made the sides and ends, or walls. These poles, or split timber, were somewhat like fence rails. Tim- bers were framed on top of the posts, and thus the building was walled in. The roof was of cedar bark laid on horizontal poles, as shakes are laid. It was 20x40 feet in area. He does not say if it had a dirt floor or one of puncheons, but a platform of puncheons at one end served as a rostrum for Mr. Speaker ; the probability is that the remainder was not floored. Around the room were slabs, bark side down, lying on a framework of poles, that served as seats for the dear people. In the centre three boards twelve inches wide, laid on a similar framework of poles, made the table for the use of legislators, clerks and reporters, supposing there were any of the latter. Such buildings are sometimes
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found in Indian villages, but rude and primitive as it was, wanting in style and even comfort, with stools or benches to match, the pioneer legislature of Oregon met there and gravely, with as much dignity as the Continental Congress manifested in older times, when it met at Liberty Hall, they discharged the duty confided to them rather than imposed upon them. And where since the time when other pilgrims landed at Plymouth is there a record of more earnest and competent action by those who framed the statehood of any portion of this Union? Where have plain men shown greater wisdom in founding a commonwealth and in fram- ing its constitution and laws than did this body that early represented the pioneers of Oregon? We who reap the bene- fits can be justly proud of the men who hewed out of the rough mountain quarries our great State, and laid its foun- dations deep and strong for all the ages.
The Hudson's Bay Company had liquor to use and to sell when advisable to do so, and to prohibit sale of liquor was to give them a monopoly ; that was the prime cause why Americans favored a license law. In the legislative com- mittee the votes against the bill to license the sale of liquor were all cast by gentlemen who were connected with the fur company.
By this time, 1845, all classes had become reconciled to the existence of the provisional government. Even the Hudson's Bay Company gave its assent, and its leading men filled seats in the legislature. Also, by changes and amendments made, the organic law was materially strengthened and improved in many respects. The gov- ernment of Oregon, as finally instituted, was dignified and sufficiently powerful and honored to command respect from
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foreigners who visited the country. The legislative assem- bly was a dignified and really capable body of men. Its sys- tem of laws showed this, for though in some few points the legislation was weak, in the most important features it was correct and served admirably to govern a prosperous people. In disregard of the prejudice existing against British interests, the laws were framed with careful regard to the rights of all, and every message urged loyalty to the home government as well as to that of Oregon. Without money, without credit to command means, and with no money market to rely on for assistance, this far-off com- munity succeeded in all respects, and when in time it sur- rendered control to the government instituted by the United States, Oregon had no debt to burden its future and no blot to shadow its present or future.
This infant State was not without its trials, withal. In the event of the Cayuse war, that resulted from the Whit- man massacre, we see a crisis of no small magnitude and im- portance. Action was necessary, and that speedy. To understand the power of this government we need only relate that in thirteen days from the time the news reached the governor and the State legislature, a volunteer force was raised, equipped and transported to The Dalles, east of the Cascades, upon a field of danger. That, too, when there were no transportation facilities other than canoes and batteaux. While this shows the character of the times, it speaks plainly of pioneers whose ready response to the call to arms made the action of their provisional government comparatively an easy task.
Judge Thornton says that Dr. Whitman told him, in 1847, the year previous to the massacre, of the dangers that
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surrounded him at Waiilatpu, and said he looked to the establishment of a territorial government by Congress as his only means of safety from massacre and the destruction of the mission by the savages. If Congress had acted sooner and had shown the power of the government in time, by establishing a territorial government with military posts to properly awe the Indians, the terrible tragedy that stained the banks of the Walla Walla River with so much innocent blood, and cost so many valuable lives, would never have occurred. Oh, how many such murders has the gov- ernment of the United States caused by its delays, and its failures to fulfil its promises! This one alone, sacrificing as it did Whitman's and other lives, cannot be atoned for. This shows us what the pioneers who made Oregon sac- rificed, and what they dared, to hold this region for the United States. All they suffered and endured, if summed up in words, would make a volume of thrilling interest. It does sometimes seem that the American Congress had a deal of criminality to answer for. It was criminal that people situated as our Oregon pioneers were for ten years, while they watched and waited for the coming of our flag and the protection it guaranteed, should have had to endure the indifference of a Congress that listened unmoved to memorials that came three thousand miles, and heard with- out appreciating the ardent speeches made by such men as Benton, Linn and Douglas, in our behalf.
The provisional government of Oregon, that commenced in 1841 and that went through many changes and amend- ments, lasted for a memorable epoch. It found Oregon in 1841, with a mere handful of American citizens claiming recognition from the mother country. Through eight years
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of changes and vicissitudes Oregon became slowly stronger in numbers, and its provisional organization became better perfected by the wisdom of its pioneer legislative power. During that eight years the scarce more than one hundred citizens increased to thousands. Gold being discovered, the golden gates opened to all nations ; Oregon was no longer isolated, remote, solitary and unknown, but was become known and appreciated by all the world. Congress passed an act of organization August, 1848, and in March, 1849, Governor Jo Lane arrived and assumed the. reins of gov- ernment. The provisional government then dissolved and was known no more as a ruling power, but through all her history, be it days of territorial dependence or the pride of later statehood, there is not any period of which her citi- zens can be more justly proud than the "Pioneer Days" in "the forties" when the stalwart yeomen of that period framed their own government, made and executed their own laws, and conquered peace when the worst of savages made war.
The action of 1843 was all done in ignorance of great events that were happening. Whitman had made the famous mid-winter journey to the border ; had spread there word that it was possible to take wagons through to the Columbia and that the emigration of 1842 had reached the Willa- mette in safety. He had gone to Washington, there made known the value of Oregon and guaranteed that he could take a wagon train through to the Columbia the same season. There was already gathering an emigration, bound for the Columbia, that this information aided in both numbers and courage; and while the few who were in Oregon were thus laying firm the foundation for self-government-when
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