USA > Oregon > Pioneer days of Oregon history, Vol. II > Part 23
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there was not a lawyer in the colony-two hundred wagons and near a thousand Americans were winding their way across the plains to recruit their forces and make the fate of Oregon, as a home for American States, sure beyond all question.
The emigration of 1843 had all the best elements of Western character; independent, free spoken, generous, inured to hardships, not in any sense bigoted or prejudiced as to creeds, but in many instances well read in the hu- manities-the very men needed to command respect and enforce law. It was true that at Vancouver the gentlemen of the Hudson's Bay Company looked on the average western American with almost aversion ; with actual surprise at his refusal to be subservient, his ignorance of good man- ners, and his indifference to rank and wealth. They were now to meet western men who could wield the axe or the rifle, follow the plough or quote Socrates and Plato; they were charmed with the uncouth manliness of the Applegates, the sterling qualities of Waldo, Burnett, and scores of men who were manly if they were rude, and bore nature's stamp of character.
Judge Thornton thought the news from the East-of Whitman's arrival there and the coming of this flood tide of Americanism-had influence to change the policy of the Hudson's Bay Company, to make them willing to ac- commodate these emigrants and supply their wants; but Vancouver did not wait for this immigration to arrive ; it had been generous to that which preceded it ; did not wait to see the mission help them from its stores, and for the dealers at Oregon City to let them have goods, for Dr. McLough- lin met them on the river and aided them from the moment they came in sight.
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As they arrived they soon found homes, and with the true American instinct immediately took a hand in politics. Up to this time there were no professional lawyers in Ore- gon, nor were there any professional politicians. Robert Shortess probably had more influence on the legislation of 1843, and for moulding the destinies of the infant colony, than any other man, but he did not maintain his prominence in later history. The immigration of 1843 contained native elements of life, dissociated from the mission and the fur trade, and infused greater activity and more force into the situation. After its arrival there was no question but that Americans would occupy the country south of the Columbia. The first legislative body had commenced political action on a basis of strict economy. The few settlers had resolved that they would not be taxed, and those who felt able subscribed means to meet expenses of government. There was, there- fore, no public debt and no taxation. But the tide of humanity that came in 1843 created new conditions and meant greater progress. Not that they were rich, and brought money freely, but there were enough now to create self-confidence ; poor as they were in possessing worldly goods, they were independent and self-reliant, and when they took part in public affairs they gave new impetus to the provisional government.
During the winter of 1844-45 there was a general dis- cussion in regard to the provisional government, for the newcomers took warm interest in everything relating to public affairs. As result, in the spring of 1845 meetings were held through the territory to elect delegates to a con- vention to meet at Champoeg April 8th, to nominate can- didates for governor, supreme judge and other officers. The
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Canadians were soon satisfied to work in harmony with the Americans. While there were but two parties-Americans and Independents-there were four candidates-A. L. Lovejoy, George Abernethy, Osborne Russell and W. J. Bailey. The mission favored Abernethy, the Independents Russell, but Lovejoy, candidate of the American party, was not satisfactory to the Independents, to which the Canadians belonged, so while Lovejoy carried a majority in conven- tion, on election day the Independents changed to Aber- nethy, who was elected, though at the Sandwich Islands at the time.
From the Oregon archives we learn that the session for 1845 began Tuesday, June 25th, at the residence of J. E. Long. The members of the legislative committee were from Clackamas-H. A. G. Lee, William H. Gray, H. Straight ; from Champoeg-Robert Newell, J. M. Garrison, M. G. Foisy, Barton Le; from Yamhill-Jesse Applegate ; from Tualaty-M. M. McCarver, J. W. Smith, David Hill ; from Clatsop-John McClure.
On motion of Mr. Applegate the official oath was phrased: "As consistent with my duties as a citizen of the United States, or a subject of Great Britain." M. M. Mc- Carver was elected speaker and J. E. Long clerk. They were offered and accepted the rooms of the Multnomah Cir- culating Library. Governor Abernethy being absent in the Sandwich Islands, a message was read from P. G. Stewart, of the executive committee, as they were still in office.
As this body was elected under laws that had not been ratified by the popular vote, on motion a committee was ap- pointed to review the acts of their predecessors-H. A. G. Lee, Newell, Applegate, Smith and McClure-who went to
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work immediately. Former legislation had been crude, but was in the main wise and beneficial, so the committee-no doubt with help of the new legal lights-tried to simplify the laws and supply important features to make them equal to the enlarged community and to future needs. In this amended form the laws were adopted by the legislative body and submitted to the popular vote; the legislature ad- journing on the 5th of July, 1845, to meet again August 5th. Mr. Gray says the organic law was approved by some because English and French employés of the fur company were admitted to all privileges, and by others because the sale of liquor was to be licensed, but the people ratified the laws by two hundred and three majority, and from that day the Hudson's Bay Company and the Methodist Mission no longer were chief political factors. Take it in all its bear- ings, and the work was well done, rather adding to the re- nown of the provisional government.
A memorial to Congress was prepared by a committee consisting of Gray, Applegate, H. A. G. Lee, McClure and Hill; it alluded to the joint occupancy ; "the citizens of the United States have had no cause to complain either of ex- actions or oppression at the hands of the subjects of Great Britain ; on the contrary, it is but just to say that their conduct toward us has been most friendly, liberal and philan- thropic, yet we fear a longer continuance of the present state is not to be expected;" goes on to speak of the almost total absence, apart from the Hudson's Bay Company, of the means of defence against the Indians, who, recent oc- currences led us to fear, entertain hostile feelings against "the citizens of the United States." It went on to show the defencelessness of the settlers compared with British sub-
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jects, as, while they have the protection of the laws of their country, Americans have only such laws and protection as they command among themselves. Also, the Hudson's Bay Company controlled the market prices for all supplies the settlers needed, as well as the prices paid for the greatly increasing products of the country. Therefore, they asked for practical protection from the laws of the nation, as well as from the presence of the army and navy of the United States to be there stationed.
This memorial was given to Agent Elijah White, to be carried by him to Washington, together with a copy of the amended organic laws. His journey East was made to settle his accounts and secure means to pay expenses in- curred with the Hudson's Bay Company. Benton remarked upon this petition that "it was creditable to the body by which it was presented, to the talent by which it was dic- tated, and the patrotic sentiment that pervaded it." By the time the legislature met, August 5th, after ratification of the organic law, Abernethy had returned from the Islands and was ready to assume office as governor.
The house adjourned August 20th. There being no pro- vision for election in the new code, the governor called this body together again December 2, 1845. Robert Newell was speaker, J. E. Long, clerk, Theophilus Magruder ser- geant-at-arms. Jesse Applegate had resigned and was no longer a member ; all others were present. A copy of Jeffer- son's Manual found its way into the Multnomah Circulating Library, so they had parliamentary rules, and the Iowa Code formed a basis for action. This session the bounds of Oregon were defined as: To the Pacific Ocean on the west ; the Rocky Mountains on the east ; the 42° parallel on the
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south (the present California line) and 54° 40' on the north. The country was laid off as counties, and the word "districts" dispensed with.
The legislation of 1845 changed and improved the fun- damental law and added dignity and character to the pro- visional government ; secured for that government the re- spect of all classes, and by its liberality and wisdom secured the assent and obedience, as well as co-operation, of every class and every interest within the territory of Oregon. The legislature was increased in members ; the legislative commit- tee of 1843 had grown to a House of Representatives. The official oath suggested by Applegate disarmed all British criticism and rendered the population homogeneous ; from that time gentlemen of the Hudson's Bay Company felt it an honor to belong to the Oregon House of Representatives. There was, for the first time, a feeling of security ; the ex- ecutive was now a governor ; the immigration of 1844, 1845 and 1846 assimilated with earlier comers and all felt respect for the provisional government.
George Abernethy was in the Sandwich Islands when elected governor, and as he could not return for some time the executive committee retained power until he came. The seat of government was located at "The Falls," as the place was called until 1845, when it was styled Oregon City. It is probable that they had secured more agreeable quarters by that time. There is a record that when the legislature met the first act was to have a committee provide a suitable room, and one was secured for $2 a day, fuel and lights in- cluded. So the day of slab seats, puncheon platforms, and earthen floors was gone to return no more. M. M. Mc- Carver was speaker. A law against duelling was passed one
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day, under great pressure ; done, as it turned out, to pre- vent a duel between Holderness and Dr. Elijah White. Holderness was man enough to shoot with deadly intent, and that was the measure taken to get Dr. White out of this rather uncomfortable scrape.
Regulating the currency was attempted and really worked well at the moneyless period. Gold and silver, of course, were recognized; also acceptances of solvent mer- chants ; wheat that was merchantable, at market price, if stored in mills or warehouses ; all of these were made lawful tender for debts, but any special contract made to the con- trary was to hold good. It will be interesting to look up the persons who were prominent in pioneer annals and trace their histories. Some, of course, were men whose names are household words, but it is their due to be honored as they de- serve, and have their modest lives given as examples to those who came after them.
Pronouncing against slavery caused no dissatisfaction, for even the few pro-slavery people here acquiesced freely with the popular voice. It was known that the free soil sen- timent was largely in excess, so slavery had no champions. But the vote against whiskey was quite another matter. While it is true that the majority-a great majority, too- favored prohibition, it is equally true that then, as now, ardent spirits had ardent friends-men who did not fear In- dian massacres so long as they themselves could drink and sell it to others to do the same.
The influence of this interest was exercised in 1846 to repeal the existing law prohibiting the sale of spirits, and exercised with success. A bill passed to license, instead of to prohibit. Governor Abernethy returned it with his veto,
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but it was carried over the veto by a vote of eleven to five, and then, for the first time, a man could legally become in- toxicated in Oregon.
As the treaty with Great Britain, 1846, ended all doubt as to the ownership of Oregon, they might at any time ex- pect that Congress would organize the territory and offi- cers be appointed. There seems to have been no election held in 1847, probably for this reason, so officers elected in 1845 all held over. Congress took its own time to organize the new territory, and it was August, 1848, when the Oregon bill was finally passed. The officers appointed were General Joseph Lane, of Indiana, governor ; William P. Bryant, of Indiana, chief justice; O. C. Pratt and William Strong, associate justices ; Joseph L. Meek, marshal; John Adair, collector of customs; Amory Holbrook, United States attorney. A company of fifty left Fort Leavenworth, Sep- tember 20th; the officials, detachment of riflemen and ser- vants. They were met by stories of gold discovery, and nearly all deserted in Southern California. The rest took a vessel at San Pedro for San Francisco and entered the Golden Gate to witness the wild times of the gold era. Lane and Meek outfitted the rest, with Nat Lane, to go gold hunt- ing.
They then took passage on the Janet for the Columbia, went in canoes to Oregon City, and landed there March 2d, six and a half months on the way. Lane issued a procla- mation, as governor, and the history of the provisional gov- ernment of Oregon came to an end.
That history, from 1841 to 1848, covered a memorable epoch ; transition from the wild life of the wilderness to the magical episodes of the gold era, equals any romance of
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fable, and excels any other time then known in the world's history.
When in Congress, as the first territorial delegate from Oregon, General Jo Lane bore the following tribute to the provisional government that had preceded him. "When I arrived there, in the winter of 1848, I found the provisional government working beautifully. Peace and plenty blessed the hills and valleys, and harmony and quiet, under the benign influence of that government, reigned supreme throughout her borders. I thought it almost a pity to dis- turb the existing relations, to put that government down and another up. Yet they came out to meet me, the first governor under the laws of the United States, and told me how proud they were to be under the laws of the United States ; and how glad they were to welcome me as holding the commission of the general government."
CHAPTER LXI
PIONEER CURRENCY AND MAKING OF BEAVER MONEY
IN the early time, when the fur trade monopolized all busi- ness, the promises of the fur companies answered as circu- lating medium, and various kinds of furs and skins had standard values. All wants of employés and Indians were supplied from company stores ; there was no trouble in deal- ing with whites or Indians so long as they possessed the furs or skins for barter, or had credit with the company in pos- session at the time.
This answered all needs of trade during early years, from the advent of the Astor Company to the establishment of missions, when they also became factors in financial prob- lems; their credit was accepted as good security, as they could draw on their various Boards of Missions to whatever extent they needed. There was so little use for coin that the Indians had no knowledge of its value; a condition that lasted from the foundation of Astoria to the commence- ment of the emigrations that finally settled the country. Thus there were thirty years when the great Oregon region had no financial system other than the barter and trade with fur companies and dealings with early missions.
With the commencement of emigrations and settlement of the country by people who became actual producers and had greater variety of needs, came a demand for a circulating medium to facilitate trade, which was supplied from a few sources, as magnates of value had increased by the dealings
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of the missions, whose orders passed current without ques- tion, as did those of Ewing Young, whose life-story is told elsewhere. Young was a stock trader, with interests that commanded confidence. Then George Abernethy, who be- came the first provisional governor, represented the Metho- dist Church, and for many years the firm of Abernethy and Clark was a potent factor in all financial relations.
In 1845 the provisional legislative committee created a currency that included gold and silver coins, treasury war- rants, orders on solvent dealers ; wheat delivered at market points was legal tender for taxes and satisfied judgments rendered. It was also provided that where no specific con- tract had been made, "available orders, wheat, hides, tallow, beef, pork, butter, lard, peas, lumber, and other articles for export of this territory" were made "lawful tender at their current value." It would appear by this that privileges of trade had been tested to the utmost to provide a financial system that was flexible and comprehensive ; that could be an imposition on confiding creditors, if carried to extremes.
Small currency was provided, by what was probably mu- tual agreement, that is said to have given rise to the prover- bial expression regarding "a pocketful of rocks." This was literally fulfilled by the existence of small change made by pasting representatives of finance on small chips of flint, with figures to represent the values they were to pass for, as, for instance, such piece might have on it the name of Abernethy and Clark, with figures to indicate the value. It will be seen that a man with plenty of such small change very literally had a "pocket full of rocks."
The discovery of gold transformed the entire West Coast
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in a manner to equal all that romance or hyperbole had told of in the past.
Suddenly, this people, who were in a measure destitute, were made opulent and endowed with possession of the richest gold mines that ever were discovered. That story is told elsewhere, but it comes in place to notice the effect produced in relation to financial conditions. As soon as gold dust became abundant it was weighed at $16 the ounce ; but there was great difference in value in dust from different placers, for while some might be worth $20 to the ounce, the gold from many districts was so alloyed as to be worth as low as $11, so that to weigh out all at $16 was far from accurate. It was so unsatisfactory that W. H. Rector suggested the establishment of a mint, and the provisional government was petitioned to pass an act to that end, which was done with little opposition.
The mint was to be located at Oregon City. In a paper on this subject Mr. F. H. Saylor says:
According to the act, the officers were to be elected annually by the Provisional Legislature, and were to give $20,000 bonds. The salary of each officer was to be $1,999, to be paid out of the profits of the undertaking. The director was authorized to pledge the faith of the government for means to put the mint in operation, and required to publish a quarterly statement in some newspaper in the Territory, or by sending a report to the clerk of each county. The act provided for an assayer, a melter and a coiner, the latter being forbidden to put any alloy in coins minted. The weight of the pieces was to be five and ten pennyweights, respectively. The dies for stamping were to have on one side the words "Oregon Territory," with the year of coinage, circling the outer edge of the face, and the arms of Oregon in the centre.
All disbursements of the mint, together with salaries of officers, were to be paid in the coins minted, and whatever remained of profits, if any, were to be applied toward the payment of the Cayuse war
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expenses. Penalties were provided for punishment of any private persons who should coin gold, or attempt to pass unstamped gold. The officers appointed were James Taylor, director; Truman P. Powers, treasurer; W. H. Willson, melter and coiner; and George L. Curry, assayer.
Before this act could be made effective it was superseded by creation of the territorial government, so was ineffectual, and as the laws of the United States prohibit private coin- age, it was illegal. But need of a reliable currency existed, so "The Oregon Exchange Company" was organized by W. K. Kilborne, Theophilus Magruder, James Taylor, George Abernethy, W. H. Willson, William H. Rector, J. G. Campbell and Noyes Smith, who proceeded to coin what was known as "Beaver Money."
The act of the Legislative Committee provided that the "Arms of Oregon" should be placed on the coinage. It may be a question if in provisional government days Oregon had any accepted coat-of-arms, but a territorial seal was in use that had the figure of a beaver thereon, which was used on official documents ; this was adopted as the emblem on the coinage known as the beaver money. J. Quin Thornton had this seal made at the East, when the act passed creating Oregon Territory, and sent it to Governor Jo Lane, the first territorial governor. Lane never accepted or used this seal, but when Major John P. Gaines was governor, in 1850, he accepted it as the territorial seal, and it has been the official seal of Oregon since that date.
Mr. Rector was selected to supervise the making of dies, stamps and press ; Thomas Powell, a Salem blacksmith, was the machinist, doing the forging while Rector aided. It was in dispute as to who did the engraving, that having been
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credited to Hamilton Campbell, and claimed as the work of Victor M. Wallace, who took possession of the dies when work ended, but returned them to Campbell, at Oregon City, in 1850, and said he saw Campbell throw them into the chasm below the falls. It is a question if the dies were in duplicate ; a set of them are in the office of the Secretary of State, that are said to show different workmanship for the $5 and $10, so it is possible that one set were made by Campbell and the other by Wallace.
About 1850, D. P. Thompson lived at Oregon City and lodged in a building that had been the store of Campbell and Smith, who were then out of business. J. G. Campbell told Thompson that he threw the dies into one of the rooms of this house, where Thompson found them. They were identified by Mr. Campbell, after which Thompson sent them for preservation, as valuable relics, to the Secretary of State, where they can be seen carefully preserved. It would seem, then, that not Hamilton Campbell, but J. G. Campbell was connected with this incident, as the other never was one of the "Oregon Exchange Company."
The $5 dies were made first, and the $10 are not en- tirely similar; the work on the latter is said to be much finer. The $5 have initials of members of the Exchange Company, but as some of them did not contribute to ex- penses, their initials were omitted on the tens. Two errors were made in the $5; instead of O. T. for Oregon Terri- tory, it is T. O. on the tens, but it was voted to use it to avoid delay. The other error was that a C was put for the middle G in Campbell's initials.
No assay was made of the gold, so some was lighter in color than others ; there was all the difference in values that
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existed in different placers. There was no alloy used, so the coins were liable to wear easily.
From 1849 to 1854 this coinage was rather plentiful; then was bought up at a premium for the United States mint at San Francisco, as it had more than standard value. It was said that more than $30,000 of the $5 were coined, and $28,500 of the $10. During that time there were fourteen private mints coining for relief of the money market of San Francisco. So great was the need of cur- rency for the use of commerce, that government authorized certain private mints to coin money of certain values ; among which were $50 slugs, octagonal in form, that were stamped with the name of "August Humbert, United States Assayer for California." These were discontinued in 1854. The writer had a large payment made him in 1852, of these $50 slugs, that came to Portland. It redounds to the credit of the Pioneer Era for Oregon that when Forty-niners were making their way to the Gold Coast, the enterprise of Ore- gonians had commenced to coin the newly discovered gold to be used as a circulating medium.
CHAPTER LXII
JUDGE THORNTON'S MISSION
AT that time-1847-communication with the Atlantic States was infrequent and uncertain. The bark Whiton ar- rived with missionaries in the summer and was preparing to return. No legislature could appoint a delegate to present the case of Oregon to the National Government, and it was thought important to send some one by this vessel to present the facts as to life and settlement in Oregon to the President and Congress.
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