The Oregon native son, 1900-1901, Part 58

Author: Native Sons of Oregon; Oregon Pioneer Association. cn; Indian War Veterans and Historical Society
Publication date: 1900
Publisher: Portland, Or. : Native Son Publishing Co.
Number of Pages: 1014


USA > Oregon > The Oregon native son, 1900-1901 > Part 58


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This meeting was held at the Oregon Instituts, then located on Wallace prairie, on February 2. 1843. The only business transacted was the ap- pointment of a committee to give notice of a gen- eral meeting to convene on the 6th of March following at the home of Joseph Gervais. To this location the settlers came when the time arrived, and after deliberating as to the best means of ex- terminating the wild beasts, a resolution was offered by Wm. H. Gray, who seemingly was the leader among the settlers favoring a government, to the effect that measures be taken for the protection of the settlements by the formation of a government among themselves, which should be given authority, and which all should uphold. This meeting has since been known in history as the "Wolf meeting."


433


THE CAPITOL OF . OREGON.


The resolution provided for the appointment of a committee to formulate laws for the civil and mil- itary protection of the colony and report the same at a mass meeting to be held at Champoeg on the 2d of May thereafter. The committee selected met at Oregon City during March, holding their session in an unoccupied log-built granary with no floor except mother earth. At Champoeg, on May 2, a hundred and two of the settlers assembled, nearly every one in Oregon, and when it came to the adoption or rejection of the report, the vote was uncomfortably close, there being fifty against the proposition and fifty-two favoring it. It was be- lieved that F. X. Matthieu and Eteine Lucier, two French-Canadians, would vote with those negatively inclined, they nearly all being of that nationality, but accident of birth had little to do with the senti- ments of Matthieu, who also influenced Lucier, for he had previous to his coming west belonged to the "Sons of Liberty" in Canada, and had to cross the border into the United States to keep from being severely dealt with. At heart he was an American, an allegiance which had been implanted in his bosom when a boy. Of all those taking part in this momentous event, he is now the only one alive.


The majority proceeded at once to elect officers and name a legislative committee, the latter having instructions to prepare a code of laws and submit the same at a succeeding meeting to be held at Champoeg on the 5th of the following July. The above assemblage transacted the major portion of its business in the open air. The legislative com- mittee selected at this meeting met at Oregon City on the 16th of May following and duly organized. The session continued three days. On the last day the committee on judiciary submitted a recom- mendation that the executive power be vested.in a committee of three to be elected at the meeting of July 5. The cause for this action was due to the fact that it was not probable that some one indi- vidual could be elected governor, as the Methodist mission would present a candidate; the foreign pop- ulation, consisting of the Hudson's Bay Company and its adherents, would seek to elect some one favoring their interests, and the American citizens,


Cronise photo. REP. CHAS. D. HARTMAN An Oregonian.


Cronise photo. REP. B. F. ALLEN.


Cronise photo. REP. J. J. WHITNEY.


43₺


OREGON NATIVE SON.


Cronise photo. REP. J. M. POORMAN.


Cronise photo. REP. GEO. M. ORTON.


Cronise photo. REP. A. R. MATTOON. An Oregonian.


who did not affiliate with either of these two fac- tions, would want another. A strife among the various parties might endanger the whole scheme and to obviate such it was deemed advisable to make the executive head of the government a triple one, and the power of the committee determined by a majority of its members.


On June 27 following the committee again con- vened at Oregon City, holding a session lasting but two hours, and adjourned to meet on July 5 at Champoeg. At this latter meeting the report of the committee was read and generally adopted, the executive committee elected being David Hill, Alan- son Beers and Joseph Gale. It is somewhat peculiar that all of these gentlemen had but one given name, and that their surnames were very short ones, two of which had but four letters therein and the other only five. All public documents signed by them show that they each added "Esq." after their names.


At this meeting the country was divided into four districts, these being Tuality (first), Yam Hill (sec- ond), Klackamas (third) and Champooick (fourth). Since then these' names have undergone some changes. Champooick was spelled variously for some years, but finally Champoeg became commonly used, and is now considered the proper way to spell the word. Yam Hill was spelled as two words until in the sixties, and occasionally an old pioneer forgets the flight of time and the changes wrought since buckskin was fashionable for "Sunday-go- to-meetin'-suit," and writes the "classic shades" as he did of yore, instead of writing it as is now the usage-one word. In 1844 Twality was recorded Tuality, and in 1849 it was written Tualatin. In 1845 county was substituted for district. In this year Klackamas became Clackamas. At the session of July, 1849, the first terirtorial one, Champoeg was changed to Marion, and Tualatin to Washing .. ton. The resolution passed relative to the latter change read as follows :


That the name of the county called Tualitz or Fal- atine be and the same is hereby changed to Wash- ington.


The many ways of spelling the names of these counties probably brought about the changes made.


435


THE CAPITOL OF OREGON.


After the submission of the report of the legislative committee on July 5 and its adoption, the com- mittee was discharged, when the executive com- mittee took the oath of office. While the settlers were forming their government and framing the laws by which it should be governed, the opposition did not give up their fight upon its defeat at Cham- poeg. After the adjournment of the committee of twelve at Oregon City, the French and Hudson's Bay Company held a meeting at Vancouver, one at Oregon City and two on French Prairie at the: Catholic church. At these meetings their course of action to be pursued was decided upon, suc'ı being in the form of an address protesting against the movement of the settlers. Upon the submission of this address it was quietly laid aside by George Le Breton, the secretary, and not brought to the attention of the committee.


The tax system of these days was certainly an easy-going one, as the following will show:


The legislative committee report that a subscription paper as follows be put in circulation to collect funds for defraying the expenses of the government:


"We, the subscribers, pledge ourselves to pay, an- nually, to the treasurer of Oregon territory the sums affixed to our respective names for the purpose of de- fraying the expenses of the government; provided, that in all cases each individual subscriber may, at any time, withdraw his name from said subscription upon )aying up all arrearages and notifying the treasurer f such desire to withdraw."


In March, 1844, a vicious Indian by the name of Cock-Stock created a disturbance at Oregon City, resulting in the death of George Le Breton and Sterling Rogers, together with that of the Indian, and the wounding of Wm. H. Wilson. The affair · caused such disquiet among the settlers that the executive committee was asked to call a meeting of the people for the consideration of the matter. Mr. Beers, on behalf of the committee, imme- diately issued a proclamation caling a general meeting of the citizens at the residence of Mr. Larshapell (Andre La Chapelle). Among other matters considered was the formation of volunteer companies of mounted riflemen, but one company was, however, formed, and after a few drills was disbanded. This was the first military company · organized west of the Rockies.


Cronise photo.


REP. NORMAN MERRILL. An oregonian.


C'romise photo.


REP. JOHN HAHN.


Cronise photo.


REP. G. S. REAVIS.


436


OREGON NATIVE SON.


2


Cronise photo. REP. HUBERT BERNARDS.


Cronise photo. REP. JOHN MCRAKEN. A Pioneer of 1:51.


Cronise photo. REP. HENRY KEENE.


On May 14 of this year occurred the regular elec- tion, at which time a legislative committee was elected, consisting of eight members-four from Tuality, one from Klackamas and three from Champoeg. Yam Hill was not represented on account of a failure to hold an election. While there was no law requiring it, the legislative committee held its sessions at Ore- gon City from 1844 until the seat of government was fixed by act. As there was no statehouse, the committee met in such building as could be secured. The committee elected on May 14 met on the fol- lowing 18th of June. It duly organized, electing M. M. McCarver speaker, the first to preside over a legislative body under such title in Oregon. Up to this time laws were adopted by resolution of- fered. Now, however, the order became changed by the introduction of bills. The first was on mil- itary affairs; the second provided for an additional district, to be called Clatsop; the third related to marriage; the fourth was a prohibition bill, and another was a law to prevent negroes and mu- lattoes from residing in Oregon. These two latter bills became historical. The Methodist church was also incorporated, the first act of that character passed west of the Rockies. The first application for a divorce was up for consideration and duly granted. To this body was presented the first ex- ecutive message submitted to a legislative body on the Pacific coast. One of the recommendations therein was that the organic law be amended by abolishing the executive committee and in lieu thereof establish the office of governor and a house of representatives instead of a legislative commit- tee. This was done, and the action ratified by the people. These were days before the expression "office holders die, but never resign" was coined. This session was held at the home of Felix Hath- away, and lasted for ten days, when an adjourn- ment was taken until the following December.


Upon the reassembling of the committee on De- cember 16, it remained in session until the 24th, when it adjourned. This meeting was organized at the home of John E. Long, and then adjourned to the rooms of the Multnomah Circulating Library, where business was continued. At this session the


437


THE CAPITOL OF OREGON.


negro exclusion laws were amended so as to re- quire bonds for good behavior. instead of requiring them to leave the country. This law was entirely nugatory, and the reason that it did not go into effect for two years and also because it was evi- dent that no one would insist upon heir fulfill- ment. This law was and is not the only dead letter upon our statute books.


The session of 1845 was from June 24 to July 5. The committee organized at the home of John E. Long and then adjourned to rooms in the home of Theophilis Magruder, which had been secured for legislative purposes. On August 5 of this year a special session was called by Governor Abernethy, who, owing to absence in the Sandwich Islands, was unable to assume the duties of executive at the ex- piration of the term of office of the executive committee which he succeeded. The first governor's message was presented at this time, but was not preserved, as was subsequently the custom. This session lasted fifteen davs. Up to this time the Hudson's Bay Company had taken no part in the affairs of the government and only recognized it because it could not well do otherwise. The setting off of Vancouver county north of the Columbia river brought the company and the government face to face with the proposition of joint compact, and to Jesse Applegate was delegated the task of bringing about some agreement between the gov- ernment and the company. This he did very sat- isfactorily to all parties, and thence forward the extremes were united in a common service, the eagle and the lion being joined as one. Among those elected to official position in the new district was (Sir) James Douglas, he being chosen to the position of district judge.


The following was the oath taken by the mem- bers of the legislative committee :


I do solemnly swear that I will support the organic laws of the provisional government of Oregon, so far as the said organic laws are consistent with my duties as a citizen of the United States, or as a subject of Great Britain, and faithfully bemean myself in office. So help me God.


The present legislature in passing resolutions of respect to the memory of the good mother and Empress-Queen, and the lowering of the Stars and


Cronise photo. REP. OTTO SCHUMANN.


Cronise photo.


REP. I. S. GEER. An Oregonian.


Cronise photo.


REP. W. E. GRACE.


--


438


OREGON NATIVE SON.


Cronise puoto. REP. G. L. HEDGES. An Oregonian.


Cronise photo. REP. J. J. SHIPLEY.


Cronise photo. REP. JAS. HEMENWAY.


Stripes over the capitol in token of kindly feeling, did well, for once her subjects helped to frame the laws of the pioneers to our fair state. It is to be regretted that some mention of this was not made in the resolutions. The following is the text of the concurrent resolutions passed :


Whereas, The legislative assembly of the state of Oregon, in regular session assembled, has learned of the death of Victoria, Queen of Great Britain and Ire- land and Empress of India; and


Whereas, The purity of her life and example has been an inspiration to women in every clime, and as a daughter, wife, mother and sovereign, Victoria has left to the world a character without a peer in history, and which will be treasured in after ages by the good of all nations; and


Whereas, The tenderness of her heart comprehended all mankind, and-


"She was one who could bend o'er a foe,


When in battle laid low,


And bathe every wound with a tear."


Whereas, The people of the state of Oregon, as part of the United States of America, feel a kinship with the people of Great Britain, and especial sympathy with them in their great loss; therefore, be it


Resolved by the house of representatives, the senate concurring, that this legislative assembly, on behalf of the people of the state of Oregon, does hereby express the deep sorrow of said people at the death of so great and good a Queen.


Resolved, That these resolutions be engrossed and a copy thereof, together with copies of the resolutions heretofore adopted by the separate houses for adjourn- ment in memory of Victoria, be forwarded to the Hon. James Laidlaw, British consul-general at Portland, Or., for transmission to the government of the kingdom of Great Britain and Ireland.


From 1841 up to this special session of 1845, at which time the executive committee gave way to a governor, and the legislative committee was re- placed by a house of representatives. All sessions held have been recorded as being held "prior to the provisional government," from that time to the date of territorial regime, as "provisional gov- ernment." The first regular session of the pro- visional government legislature, according to this method of reckoning, convened on December 2, 1845, and adjourned on the following 19th, making the third legislative session held during that year.


At this session a currency law was passed, which made gold, silver, treasury drafts, approved


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439


THE CAPITOL OF OREGON.


orders on solvent merchants and wheat, legal ten- der for taxes and satisfaction of judgments. Those who paid their taxes in wheat were required to deliver it at stated places in their districts-at Fort George (Astoria), in Clatsop county; at Cowlitz farm or Fort Vancouver, in Vancouver county; at the company's warehouse at Linnton; at the store of F. W. Pettygrove, in Portland, Tualatin county ; at the mills of either Dr. McLoughlin or the Island Milling Company, in Clackamas county; at the warehouses of the milling company or the Hudson's Bay Company, in Champoeg county; or at some place to be designated by the collector in Yam Hill county.


The governor's message at this time recom- mended that proposals be received for locating the seat of government. It created but little interest and little competition. The only propositions re- ceived were from Robert Moore, who owned the claim upon which Linn City, opposite Oregon City, was located, and Hugh Burns, who occupied an adjoining claim. As neither of these proposals met with approval, and Dr. McLoughlin, the pro- prietor of the townsite of Oregon City, failing to put in a bid, action in the premises was deferred, except that an act was passed ordering that future sessions should be held at Oregon City until other- wise directed, the first Monday in December being fixed as the date upon which the legislature should convene. By the same act the governor was au- thorized to give notice by publication in the news- papers or otherwise that he would receive sealed proposals from all who desired to make donations to the government for the purpose of aiding in the erection of public buildings and locating the cap- itol; which proposals should be submitted at the next session of the legislature. Nothing was, how- ever, done at such time in the matter. A law Was also enacted establishing a general postoffice de- partment, with headquarters at Oregon City. W. G. T'Vault was appointed postmaster-general, but the funds of the government were at such a low ebb, and the settlers so far apart, that the intentions of the act could not be carried out. The postage on letters was fixed according to the number of sheets they contained and the number of miles they


Cronise photo. REP. R. A. EMMITT. A Pioneer of 1852.


Cronise photo. REP. W. A. CARTER.


Cronise photo.


REP. G. W. HOLCOMB.


.440


OREGON NATIVE SON.


Cronise photo. REP. L. T. HARRIS. An Oregonian.


Cromse photo. REP. J. N. SMITH.


T


Cronise photo. REP. T. H. McGREER.


were carried .. The postage on letters of a single sheet was 15 cents when conveyed for a distance of not exceeding 30 miles ; over 30 and not exceeding 80 miles, 25 cents ; over 80 and not exceeding 200 miles, 30 cents; 200 miles, 50 cents. Newspapers were carried at 4 cents each.


The session of 1846 was held at the home of H. M. Knighton, convening on the Ist of De- cember. When it adjourned is unknown, as the record of its procedure, subsequent to the 19th of that month, has been lost. It is, however, known to be a fact that the session was further prolonged. At this session "an act to regulate the manufacture and sale of distilled liquors" was passed, which, on the 7th, was vetoed by the governor, but the legislature passed the act over his veto, and prohi- bition, which up to this date was the law and the rule in colonial Oregon, has never been restored. This was the first veto known to Oregon, or west of the Rockies. In this year the government was presented with the first American flag it had owned, Lieutenant Howison, of the wrecked United States schooner Shark, being the donor.


During the session a memorial was framed and sent to congress, and among other things therein mentioned was the climate, soil, advantages and opportunities embraced within the country west of the Rockies. As was expressed, a section "destined soon to become a central point of commerce and happiness." Congress was reminded that the set- tlers had been induced to make the difficult and tiresome journey to Oregon through the promise of the government that their homes should be se- cured to them; and they therefore thought they had a right to expect a grant of land ; and not only themselves, but those who should follow them dur- ing the next few years. Their claims already lo- cated were settled upon under the organic law of the territory, and these they asked to have con- firmed to them, in the same shape in which they were located. They set forth the difficulties pre- sented to newly-settled countries in the diffusion of education, upon which were founded the principles of the government (whose extension over them- selves they prayerfully awaited), might be to a great extent removed by the government making a


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THE CAPITOL OF OREGON.


liberal grant of land for school purposes. The navigation of the lower Columbia and the dangers in crossing the bar without proper assistance was alluded to, and congress was petitioned to remove these dangers and difficulties by placing a steam towboat at the mouth of the river to protect and as- sist the vessels inward or outward bound. The practicability of building a railroad across the plains was given considerable space, and, though they did not look for early realization of their hopes in this respect, yet they would look forward with anxiety for the commencement of such an under- taking. No doubt this portion of the memorial created some amusement among some of the mem- bers of congress, but could those who smiled at the "fool Oregonians" come back to earth and witness the fulfillment of ideas advanced in that early day, they would have to remove their hats to the pioneers as superior to themselves in devining future possi- bilities. The committee selected to draw this me- morial consisted of five members, who delegated the task to three of their number, one of whom was Henry M. Peers, representing Vancouver county (now Clarke county, Wash.). When the labor was finished, the effort was placed in the hands of Mr. Peers for final writing. When one considers the fact that Mr. Peers was a British subject, this procedure, together with his action, makes the memorial somewhat unique.


The legislature of 1847 convened at the house of H. M. Knighton, organized and remained in ses- sion there one day and then adjourned for the remainder of the session to the Methodist church, which had just been completed. This building was the first erected deserving the name of a church building in the Pacific Northwest. On December 7 the members began their deliberations, the main topic before them being "the Whitman massacre." The following resolution was adopted :


Resolved, That a committee of three be appointed to draft a letter to the American consul at the Sandwich Islands representing our affairs, and imploring any as- sistance which he may be able to render.


Governor Abernethy issued a proclamation de- claring war upon the Cayuse Indians, the perpetra- tors of the massacre, and called for volunteer troops to proceed to their country to punish them. Among


Cronise photo. REP. C. W. NOTTINGHAM.


Cronise photo. REP. A. H. BLACK.


Cronise photo. REP. DEXTER .RICE. An Oregonian.


442


OREGON NATIVE SON.


Cronise photo. REP. G. L. STORY. A Pioneer of 1\51.


Cronise photo. REP. JOHN DRISCOLL.


.


Crumse photo. REP. GEO. CATTANACH.


the matters appertaining to enlistment were the following :


Each man will furnish his own horse, arms, clothing and blankets. The companies will bring all the ammu- nition, percussion caps and camp equipage they can, for which they will receive a receipt from the com- missary-general.


As the commissary-general will not be able to fur- nish a sufficient quan ity of provisions for the army, the citizens of the territory are called on to deliver to his agents all the provisions they can, that the opera- tions of the troops may not be impeded for want of provisions. * * *


This was the first proclamation issued west of the Missouri river for any purpose. It is needless to say that a hearty response was given, as well as to cite the fact that congress has never recog- nized these services so important to the welfare and upbuilding of the whole Pacific coast. Fourteen companies. took the field, and the Cayuses were forced to leave their homes and finally agree to such terms of peace as were dictated by the commission- ers appointed by the governor, acknowledging in the action that the settlers must not be molested or murdered: While some of the volunteers re- mained in the field until the summer of 1848 was far advanced, the major portion of the companies were ordered back to the Willamette valley during the first days of July, where they received their discharge. The Indians implicated in the massacre were not, however, taken into custody until the spring of 1850, when five of them surrendered for trial. Upon their being taken to Oregon City, a hearing was set for May 22, at which time they were adjudged guilty and condemned to be hanged the following July 3, when they were executed. This was the first "necktie party" held in the Pacific Northwest under government auspices, and the second known to have taken place within the same boundaries, the first occurring, of which a record has been made, in the month of May, 1813. A trader and trapper of the Astor Fur Company, by the name of John Clark, was on his way down the Palouse river, and, finding that a silver cup be- longing to him had been stolen, made a search of the members of his party and found that it had been stolen by an Indian. Assuming the authorities of judge, jury and executioner, the thief was tried,


443


THE CAPITOL OF OREGON.


and it was not long before one end of a rope was attached to a convenient limb and Mr. Indian dan- gled to the music of the breeze at the other.




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