USA > Oregon > The Oregon native son, Vol. I > Part 57
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so ministered to the necessities of others who were needy, during the journey. He was a veteran of the war of 1812. Through recognition of his integrity, liberality and upright conduct, the legis- lature of Provisional Oregon amended its organic law insofar as they would re-
move all of his race disabilities. worthy act done to a worthy man.
· Subsequently to 1844 other negroes came to the Pacific Northwest, but none of them so indellibly inscribed their names and acts upon the scroll of its passing events as those mentioned.
Joseph Gale, who came to Oregon with Hall J. Kelly and Ewing Young in October, 1834, was a man of education and a leading spirit among the pioneers in more ways than one. In 1841 he, with others, built the steamer "Star of Oregon " the first American vessel con- structed of Oregon wood in the Pacific Northwest, successfully sailing her, as master, to San Francisco in the fall of that year. As it was looked upon as a sort of piracy for shipping to sail the seas without the proper credentials rela- tive to their register, and neither the Hudson's Bay Company nor the pro- visional government being recognized as a government by nations, what was to be done in the premises was a subject for anxiety by the builders, and conjec- ture on the part of the settlers. For- tunately for those directly interested, Lieutenant Wilkes, a United States naval officer, visited Oregon about the time the vessel was ready for sailing, and he gave her owners a sea letter which answered the purpose of register. In 1843, he, together with Alanson Beers and David Hill, constituted the first executive committee of the provi- sional government during its infancy, performing, jointly, the functions of a governor. At the expiration of his term in 1844, he was not a candidate for re- election. His colleagues, however. were, but they were defeated by what might be termed large majorities in those days. He followed farming in Washington county for many years sub- sequently, and his name is perpetuated therein by the names "Gale's Peak" and "Gale's Creek." He subsequently removed to Wallowa county, where he died December 23, 1881, aged 92 years.
Through all his life in Oregon he en- joyed the unqualified respect of his neighbors.
The provisional government enacted a law in December, 1845, establishing a general postoffice department with head- quarters at Oregon City. W. G. T'Vault was appointed postmaster general, but the funds of the government were at 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 were carried. The postage on let- ters 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 ex- ceding 200 miles, 30 cents; 200 miles, 50 cents. Newspapers were carried at 4 cents each.
Rev. Cushing Eells, a pioneer of 1838. was descended from Major Samuel Eells, one of Oliver Cromwell's army officers, and Hon. Charles M. Bradshaw. a pioneer of 1852, was a lineal descend- ant of John Bradshaw, who presided at the famous trial of Charles I of England. who lost his head as a result of the ver- diet rendered.
The first brass band on the Pacific coast came to Oregon in 1849 ,as a part of the Mounted Rifle Regiment. It was the intention to quarter the regiment at Vancouver, but there being no accom- modations at that place it was taken to Oregon City, and here "Yankee Dou- dle" first went wing and wing with the echoes over hill and dale in Oregon.
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THE PROVISIONAL GOVERNMENT OF OREGON.
ITS HISTORY BRIEFLY BUT CONCISELY TOLD BY HON. HARVEY W. SCOTT, EDITOR OF THE "OREGONIAN."
In pioneer days in Oregon, as else- where in America, the beginning of set- tlement was followed almost immediately by organization of government. This instinct of the race to which we belong, to establish civil institutions and to or- ganize government under regular forms of law, was manifest here before there were so many as one hundred persons of American nativity in the whole country west of the R. cky mountains. Joint oc- cupation of the country by British sub- jects and by people of the United States, each party hoping to hold the great Pa- cific Northwest for its own country, hast- ened action while the inhabitants were yet very few. Such, however, was the vigor and activity of the Americans that, though they were at first inferior in numbers, they soon gained the ascend- ant, and, rapidly reinforced during the years that followed, they had fully estab- lished civil government in Oregon long before the question of national jurisdic- tion was finally settled between the Unit- cd States and Great Britain.
It is proper to say, however, that the very first effort was not rooted in this international competition. Yet as a pre- liminary episode this first effort deserves attention; for though it came to nothing in itself, it was a starting point. It brought the Americans together and opened the way to their future co-opera- tion.
The incident that led to the first meet- ing in Oregon, held with a view of at- tending to a public need and duty in an. orderly way, was the death of Ewing Young. He was a native of Tennessee; He had visited California as early as 1828. and in 1834 he came to Oregon, in company with Hall J. Kelley, who had long been known as an enthusiast in all that related to Oregon. . Kelley was a citizen of Massachusetts. For years he had been mdefatigable in his efforts to awaken in- forest in Oregon and to induce congress
to take action for encouragement and promotion of settlement here. Finally - he decided to visit Oregon himself, and see with his own eyes the land about which he had spoken and written so much. He came by a circuitous route through Mexico and California, and in California he fell in with Ewing Young, whom he induced to come with him to Oregon. With a party of about sixteen persons picked up about Monterey and San Jose, they set out for Oregon in the sumer of 1834. Kelley soon returned by sea to Boston, but Young remained, and from that time till his death, in February, 1841, his name has a conspicuous place in the pioneer life of Oregon. He left a considerable property, to which there. were no legal claimants or known heirs; and as there was no probate court, the administration of the property became a perplexing question. It was, perhaps, the immediate motive that led to a call for a public meeting at the Methodist Mission, on the Willamette, February 17, 1841.
The Methodists were the leaders in missionary enterprise in Oregon. They had established the Willamette mission, under direction of Rev. Jason Lee, in 1834. In 1835 Samuel Parker, a Presby- terian missionary, came, for the purpose of making examination of the field and selecting stations for missionary labor. Next year he returned by sea to New York. Whitman, with a small party, followed in 1836. Roman Catholic mis- sionaries began their work in Oregon in 1838-39. From year to year there were additions to the various missions, and small parties of independent settlers were coming in. There was also in the coun- try a considerable body of the servants of the Hudson's Bay Company, some still in active service under the com- pany's direction, others who had left its service voluntarily or had been discharg- ed. These were mostly French Canadi- ·ans, who had taken Indian wives and set-
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tled down in the country. Thus there were two sentiments; one American. the other British; and as the influence of the Hudson's Bay Company was well estab- lished before the Americans came, the latter were looked upon very much as intruders-though in fact Great Britain had never made a serious or definite claim to that part of Oregon lying south of the Columbia river.
At this first political assembly, held at the Methodist mission in February, 1841, Rev. Jason Lee was chosen chair- man, and it was moved that a committee of seven be named "for the purpose of drafting a constitution and a code of laws for the settlements south of the Colum- bia river." After debate it was voted that two more be added to this commit- tee, and the following named persons were ch sen, viz: Rev. F. N. Blanchet, Rev. Jason Lee, Rev. Gustavus Hines, David Donpierre, M. Charlevon, Robert Moore, J. L. Parrish, Etienne Lucier and William Johnson. It will be seen from these names that there was attempt at co- operation among the different elements of population then in Oregon. Roman Catholic and Protestant missionaries, subjects of Great Britain and citizens of the United States, were associated on the committee, which was advised by the as- sembly to report a set of officials, on a system suited to the wants of the com- munity. Following these proceedings Dr. Ira L. Babcock was appointed su- preme judge with probate powers; George Le Breton was named as clerk of courts and public recorder; William Johnson was appointed high sheriff, and William McCarty, Xavier Ladevant and Pierre Bilique were chosen constables. It was resolved that. "until a code of laws be adopted by this community, Dr. Bab- cock be instructed to act according to the laws of the state of New York." On the 18th of February the meeting was adjourned, "to meet on the first Tues- day of June at the new building, near the Catholic church." At this second meet- ing it was reported that no proceedings had been taken meantime by the com- mittee appointed to draft a constitution and code of laws, and adjournment was taken "to the American Mission House,
on the first Tuesday in October, 1841."
This was the end of the first effort. Neither committee nor assembly met again. As might have been expected, political and ecclesiastical jealousies be- gan to rise. Was the American or Brit- ish element to have the ascendancy? Was the Protestant missionary or the Catholic missionary to have the larger influence in the government? And final- ly, there was the non-church element strongly individualized, which wanted to limit the eclesiastics of all names to their own proper functions. So there could be no organization, till more Americans should arrive.
It is written that "the estate of Ewing Young was disposed of to the entire sat- isfaction of the community;" but there remains no record of the disposition that was made of it. It consisted chiefly of cattle and horses-the increase of bands which Young had driven from California.
During the next two years the project of local government remained quiet. But the number of Americans in the country was increasing. At the begin- ning of the year 1842 there were in Or- egon 137 American settlers, the majori- ty of whom were connected with the mis- sions. To these were added by immi- gration, that year, 112 persons, including 42 families. There was also a consider- able reinforcement to the British-Cana- dian colony from the Red River of the North.
Early in the year 1843 the project of a provisional government was started again. This second attempt also had its origin in a purely utilitarian scheme. Beasts of prey, bears, panthers, wolves. were very numerous, and the settlers suf- fered great loss through depredations upon their flocks and herds. A prelim- inary meeting was held at the Oregon Institute (Methodist mission) February 2, 1843, at which it was moved that a general meeting be called on the first Monday of March at the house of Joseph Gervais, a Hudson's Bay pioneer, whose name is perpetuated in the town of Ger- vais. Marion county. At this meeting. held at the appointed time, measures were taken for concert in destruction of
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noxious animals; and following this a committee of twelve was appointed to "consider measures for the civil and mil- itary protection of this colony." This committee consisted of Dr. Babcock, Dr. White, Messrs. O'Neil, Shortess, Newell, Lucier, Gervais, Hubbard, McRoy, Gay, Smith and Gray. The names sufficiently show the predominance of men of Unit- cd State nativity.
But the question whether the new or- ganization was to be based on ac- knowleged allegiance to the United States or not, instantly came uppermost. An address of "the Canadian citizens of Oregon" was presented to the meeting, in which it was urged that "laws and regulations for welfare of our persons and for securit of our property and labors" be enacted, but objection was made to organization of a military force, on the ground that it was "useless at present" and "rather a danger of bad suspicion to the Indians;" and finally, that "we con- sider the country free to all nations, open to every inlividual wishing to settle, without any distinction of origin, and without asking him anything, either to become an English, Spanish or Ameri- can citizen." This was signed by men proclaiming themselves "English sub- jects," numbering about fifty. It was "laid aside for the present." as the busi- ness of this meeting was understood to have been completed by the appointment of the committee of twelve, which was to develop a plan of organization.
This committee was to report at a gen- eral meeting, called to assemble at Champoeg. May 2, 1843. On the ap- pointed day about an equal number of American citizens and English subjects came together in mass meeting, and it was announced that the report of the committee of twelve was ready. Dr. Babcock took the chair, and the report of the committee was read. From the composition of the committee it was not doubted that it would report in favor of political organization, to continue in force till the United States should estab)- lish a territorial government. Such the report proved to be. The subjects of Great Britain could not be expected to participate and acquiesce, for such ac- . duty
tion on their part would have amounted to renunciation of their allegiance to Great Britain and consent to the Ameri- can claim of sovereignty. So when the motion was put that the report be adopt- ed there was a division on national lines; and so close was it that the chairman was unable to decide which party had the majority. Then Joseph L. Meek, one of our sturdy pioneers, a native of Virginia, who had come west in the spirit of boy- ish adventure and had passed many years on the plains and among the mountains, sprang to his feet and called for a divi- sion. Appealing to the Americans, he exclaimed, in his impetuous way, "Who's for a divide? All for the report of the comittee and an organization, follow me!" The effect was electrical. The men on either side fell into their places to be counted. The ayes were fifty-two, the noes fifty. Another ac- count says the aves were fifty-five; but it is probable that in the large number some absentees, or persons who had been expected but were not present, were included. Upon the announcement of the vote the opponents of organiza- tion mounted their horses and rode away, leaving the field to the Americans. It was a victory to which missionaries, mountaineers and independent settlers had contributed; it was a victory of the American spirit, asserted by a cour- ageous few, at this remotest out- post of the American republic. Hon- or to the spirit and courage of Joseph L. Meek: honor to the leadership and memory of one who, though wholly without conventional culture, and lack- ing even in the elementary parts of school education, proved himself the man for the place and time.
The Americans now proceeded rapidly with their work of organization. The plan provided for the election of a su- preme judge with probate powers, a clerk of the court, a sheriff, three justices of the peace, three constables, and a treasurer. As to military organization, it provided for the election of a major and three & captains. AA matter of the first importance was the formation of a legislative committee, whose it was to be to report . a
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form of organic law for the new com- monwealth. The committee was consti- tuted of these names, to-wit: A. E. Wilson, G. W. LeBreton, J. L. Meek, W. H. Willson, D. Hill, Robert Short- ess, Robert Newell, Alanson Beers, T. J. Hubbard, W. H. Gray, J. O'Neil, Rob- ert Moore and William Dougherty. Af- ter deliberation of several days and elec- tion of A. E. Wilson to the office of su- preme judge, G. W. LeBreton clerk of the court, J. L. Meek sheriff, and W. H. Willson treasurer, the meeting adjourn- ed to the 5th of July, by which time the legislative committee was to be ready with the organic law.
Upon the appointed day, July 5, 1843, the meeting reassembled. The civil offi- cers elected in May were sworn in, upon an o ith of office drafted by a special committee consisting of Chairman Bab- cock and Revs. Jason Lee, Harvey Clark and David Leslie. Then the re- port of the legislative committee was submitted. It was somewhat elaborate. First, it proceeded to divide the territory into four districts. The first was called Tuality district. "comprising all the ter- ritory south of. the boundary line of the United States, west of the Willamette or Multnomah river, north of Yamhill riv- er and east of the Pacific ocean." The second was the Yamhill district, "em- bracing all of the country west of the Willamette or Multnomah river and a supposed line running north and south from said river south of the Yamhill riv- er to the boundary line of the United States and California." The fourth dis- trict was called the Champoeg district, bounded on the north by a supposed line drawn from the mouth of the Anchiyoke (Pudding) river running due east to the Rocky mountains, west by the Multno- mah river, and south by the boundary line of the United States and California. The third district. "to be called the Clackamas district." comprehended all the territory not included in the three other districts.
In this quaint manner was a region of almost continental proportions, vet con- taining only a few hundred inhabitants -they wholy in the Willamette valley -divided into representative districts.
The southern line was the forty-second degree of latitude, known as the line of boundary between California, then be- longing to Mexico, and Oregon. The northern boundary was yet unknown. Our claim extended to fifty-four forty," the British claim to the country north of the Columbia river was strongly as- serted, and Englishmen made a kind of claim, indefinite and nebulous, to the territory south of the river. No citizens of the United States had yet settled in the country north of the Columbia. Within the present limits of Eastern Washington and Northern Idaho there were some American missionaries, but they were not so situated as to be able to participate in this political movement. It was not till two years later that the first American settlers entered the terri- tory north of the Columbia and west of the Cascade mountains. Persons who came over the plains in 1844 were the first Americans who settled in the Puget Sound country. They were led by Mich- ael T. Simmons, who settled at the head of Budd's Inlet in October. 1845. It was his party that opened the first trail from thic Columbia river to Puget Sound.
Under the constitution reported by the committee the legislative power was to be vested in nine persons to be chosen by the qualified electors; each district to have representation in proportion to its population, excluding Indians. No dis- criminations as to suffrage was made against persons not citizens of the Unit- ed States. but "every free male descend- ant of a white man. of the age of twenty- one years and upward. an inhabitant of this territory at the time of its organiza- tion." was declared a qualified elector. Elections were to be held annually. The executive power was to be vested in "a committee of three persons, elected by the qualified voters at the annual elec- tion." The judicial power was vested in "a supreme court, consisting of a supreme judge and two justices of the peace; a probate court and two justices of the peace. Proceedings
in & general were to follow the laws of the territory of Iowa. This simple outline of the provisions of the constitution of the provisional govern-
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ment will suffice, in a sketch like the present one. which can be but an outline. In the official record it is written that this ordinance, the organic law of the nascent commonwealth, was "approved by the people July 5, 1843." The con- vention proceeded to elect David Hill, Alanson Beers and Joseph Gale execu- tive committee, and it confirmed the pre- vious appointment of A. E. Wilson as supreme judge, of George LeBreton as clerk and recorder, and Joseph L. Meek as sheriff, and of W. H. Willson as treas- urer. It appointed as legislative com- mittee Robert Shortess, David Hill, Robert Newell. Alanson Beers, Thomas J. Hubbard. William H. Gray, James O'Neil, Robert Moore and William Dougherty, and then adjourned. The provisional government had been com- pleted and set in operation. The num- ber of Americans in Oregon, as nearly as can be determined, was about 437, and of British subjects about 1200. Many of the latter were, however, within the limits of the present state of Washing- ton, while nearly all the former were within the present limits of the state of Oregon. But a powerful reinforcement to the Americans was on the way and soon to arrive. That was the great in- migration of 1843. which reached the Wilamette valley in the autumn of that year. It numbered about 900 persons, among whom were many men of strong character and conspicuous ability, after- wards famous in our affairs: as James W. Nesmith. Jesse Applegate. Matthew Gilmore, M. M. McCarver. John G. Bak- er. Absalom J. Hembree. Daniel Waldo, William T. Newby. Henry A. G. Lee, John and Daniel Holman. Thomas G. Naylor. John B. Jackson, the first Amer- ican settier in the country between the Columbia river and Puget Sound: Peter Il. Burnett, who went from Oregon to California and became the first governor of that state after its admission into the American Union: and many more. With so great a reinforcement of Ameri- can citizens, maintenance of the suprem- acy of the United States was no longer doubtful. Not yet for three years was the northern boundary to be settled; but it was certain that a territory which con-
tained so many American citizens would never be ceded away.
A difficulty with the Indians on the Clackamas in the fall of 1843, led to the death of George W. Le Breten, clerk and recorder, a very useful young man who had come to the country by sea with Captain John H. Couch. The alarm led to the formation of a company of "Ore- gon Rangers," numbering 25 men, with Thomas D. Keizer as captain. Happily the commonwealth had as yet no need to use a military force, and this first com- pany was not called into service.
The first general election was held May 14, 1844. It resulted in the election of Peter G. Stewart, Osburn Russell and W. J. Bailey as executive committee; John E. Long, territorial recorder; Philip Foster, territorial treasurer; Jo- seph L. Meek, territorial sheriff; Ira L. Babcock, supreme judge; Peter H. Bur- nett, David Hill, M. M. McCarver, M. Gilmore, A. L. Lovejoy, Daniel Waldo, T. D. Keizer and Robert Newell were elected to the legislature. Several of the new officials were of the immigra- tion of the preceeding year. The legis- lative body met at Oregon City June 18, 18.11. and elected M. M. McCarver speaker. John E. Long, by virtue of his office as territorial recorder, was clerk. The executive committee submitted a message, which was a cautious document and dealt chiefly in generalities. Few recommendations were made for the young government was as yet but feeling its way. The legislature was, however, gently requested to "take into consider- ation the propriety of laying a light tax for the support of government. ' The legislature sat ten days and adjourned until December 16. What lay chiefly on the public mind of those times may be judged from the nature of the two prin- cipal laws that were enacted-one of them to prohibit the manufacture and sale of alcoholic liquors, the other to prohibit the introduction of slaves and the advent and residence of free negroes in Oregon. Another session of the leg- islature was held in December, lasting cight days.
Each and every year now added con- siderable numbers, by immigration, to
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the strength of the American settlement, The organic law was amended in sever- al important particulars, one of which was a provision for retirement of the ex- ecutive committee and the election of a governor. The election was held June 3, 1845. The total vote cast was 504, and George Abernethy was elected by a plurality of 98. John E. Long was elected secretary of the territory, and Philip Foster treasurer. Here was the first appearance in public of James W. Nesmith. He was elected judge at the age of 23.
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