An illustrated history of Klickitat, Yakima and Kittitas counties; with an outline of the early history of the state of Washington, Part 10

Author: Interstate publishing co., Chicago, pub
Publication date: 1904
Publisher: [Chicago] Interstate publishing company
Number of Pages: 1146

USA > Washington > Kittitas County > An illustrated history of Klickitat, Yakima and Kittitas counties; with an outline of the early history of the state of Washington > Part 10
USA > Washington > Yakima County > An illustrated history of Klickitat, Yakima and Kittitas counties; with an outline of the early history of the state of Washington > Part 10
USA > Washington > Klickitat County > An illustrated history of Klickitat, Yakima and Kittitas counties; with an outline of the early history of the state of Washington > Part 10

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Such was the general character of the early pioneer as depicted by men who knew whereof they spoke. Another characteristic strongly appeals to the mind of the historian-his political capabilities. His environment and isolation from the rest of the world compelled him to work out for himself many novel and intricate economic problems; the uncertainty as to the ownership of the Oregon territory and the diverse national prejudices and sympathies of its settlers made the formation of a government reasonably satis- factory to the whole population an exceedingly difficult task. There were, however, men in the new community determined to make the effort, and the reader will be able to judge from what follows how well they succeeded.

As early as 1838 some of the functions of gov- ernment were exercised by members of the Methodist mission. Persons were chosen by that body to officiate as magistrates and judges, and their findings were generally acquiesced in by persons independent of the Hudson's Bay Com- pany because of the unorganized condition of the community, though there was doubtless a strong

CENTRAL WASHINGTON.

sentiment among the independent settlers in favor of trusting to the general morality and disposition to do right rather than to any political organization. The most important act of the mission officers was the trial of T. J. Hubbard for the killing of a man who attempted to enter his house at night with criminal intent. Rev. David Leslie presided as judge during this note- worthy judicial proceeding, which resulted in the acquittal of the defendant on the ground that his act was excusable.

As early as 1840 efforts began to be made to induce the United States government to extend to the people of the Northwest its jurisdiction and laws, although to do this was an impossibil- ity except by abrogation of the Joint-Occupancy treaty of 1827 and the satisfactory settlement of the title-all which would require at least a year's time. A petition was, nevertheless, drafted, signed by David Leslie and a number of others and forwarded to congress. It was not entirely free from misstatements and inaccura- cies, but is considered, nevertheless, an able and important state paper. Inasmuch as the popula- tion of Oregon, including children, did not exceed two hundred at this time, the prayer of the petitioners, it need hardly be said, was not granted. But it must not be supposed that the document was therefore without effect. It did its part toward opening the eyes of the people of the east and of congress to the importance and value of Oregon, and toward directing public attention to the domain west of the Rocky mountains.

Notwithstanding the paucity of the white people of Oregon, the various motives that impelled them thither had divided them into four classes-the Hudson's Bay Company, the Catholic clergy and their following, the Methodist missions and the settlers. The Catholics and the company were practically a unit politically. The settlers favored the missions only in so far as they served the purpose of helping to settle the coun- try, caring little about their religious influence and opposing their ambitions.

The would-be organizers of a government found their opportunity in the conditions pre- sented by the death of Ewing Young. This audacious pioneer left considerable property and no legal representatives, and the question was, what should be done with his belongings? Had he been a Hudson's Bay man or a Catholic, the company or the church would have taken care of the property. Had he been a missionary, his coadjutors might have administered, but being a plain American citizen, there was no functionary possessed of even a colorable right to exercise jurisdiction over his estate. In the face of this emergency, the occasion of Young's funeral, which occurred February 17, 1841, was seized upon for attempting the organization of some kind of a government. At an impromptu meeting, it was

decided that a committee should perform the legislative functions and that the other officers of the new government should be a governor, a supreme judge with probate jurisdiction, three justices of the peace, three constables, three road commissioners, an attorney-general, a clerk of the court and public recorder, a treasurer and two overseers of the poor. Nominations were made for all these offices, and the meeting adjourned until next day, when, it was hoped, a large repre- sentation of the citizens of the valley would assemble at the mission house.

The time specified saw the various factions in full force at the place of meeting. A legislative committee was appointed as follows: Revs. F. N. Blanchet, Jason Lee, Gustavus Hines and Josiah L. Parish; also Messrs. D. Donpierre, M. Char- levo, Robert Moore, E. Lucier and William John- son. No governor was chosen; the Methodists secured the judgeship, and the Catholics the clerk and recorder. Had the friends of the organization been more fortunate in their choice of a chairman of the legislative committee, the result of the movement might have been differ- ent, but Rev. Blanchet never called a meeting of his committee, and the people who assembled on June Ist to hear and vote upon proposed laws, found their congregating had been in vain. Blanchet resigned; Dr. Bailey was chosen to fill the vacancy, and the meeting adjourned until October. First, however, it ordered the commit- tee to confer with Commodore Wilkes, of the American squadron, and John McLoughlin, chief factor of the Hudson's Bay Company, with regard to forming a constitution and code of laws.

Wilkes discouraged the movement, consider- ing it unnecessary and impolitic to organize a government at the time. He assigned the fol- lowing reasons:

"First-On account of their want of right, as those wishing for laws were, in fact, a small minority of the settlers.

"Second-That these were not yet necessary, even by their own account.

"Third-That any laws they might establish would be but a poor substitute for the moral code they all now followed, and that evil-doers would not be disposed to settle near a community entirely opposed to their practices.

"Fourth-The great difficulty they would have in enforcing any laws and defining the limits over which they had control, and the dis- cord this might occasion in their small commu- nity.

"Fifth-They not being the majority and the larger portion of the population Catholics, the latter would elect officers of their party, and they would thus place themselves entirely under the control of others.

"Sixth-The unfavorable impression it would produce at home, from the belief that the mis- sionaries had admitted that in a community

PERIOD OF SETTLEMENT.

brought together by themselves, they had not enough of moral force to control it and prevent crime, and therefore must have recourse to a criminal code."

The friends of the movement could not deny the cogency of this reasoning, and, it appears, concluded to let the matter drop. The October meeting was never held, and thus the first attempt at forming a government ended. How- ever, the judge elected made a satisfactory dis- position of the Young estate.

But the question of forming an independent or provisional government continued to agitate the public mind. During the winter of 1842-3 a lyceum was organized at Willamette Falls, now Oregon City, at which the propriety of taking steps in that direction was warmly debated. On one evening the subject for discussion was: "Resolved, That it is expedient for the settlers on this coast to establish an independent govern- ment." McLoughlin favored the resolution and it carried. Mr. Abernethy, defeated in this debate, skillfully saved the day by introducing as the topic of the next discussion: "Resolved, That if the United States extends its jurisdiction over this country within four years, it will not be expedient to form an independent govern- ment. " This resolution was also carried after a spirited discussion, destroying the effect of the first resolution.

Meanwhile, the settlers in the vicinity of the Oregon Institute were skillfully working out a plan whereby a provisional government might be formed. They knew the sentiment of their confreres at the Falls, the result of the delibera- tions at that place having been reported to them by Mr. Le Breton; they knew also that their designs would meet with opposition from both the Hudson's Bay Company and the mission people. The problem to be solved was how to accomplish their ends without stirring up oppo- sition which would overwhelm them at the very outset. Their solution of this problem is a last- ing testimony to their astuteness and finesse.

As a result of the formation of the Willamette Cattle Company and its success in importing stock from California, almost every settler was the owner of at least a few head, and, of course, the Hudson's Bay Company and the missions also had their herds. The fact that wolves, bears and panthers were destructive to the cattle of all alike furnished one bond of common interest uniting the diverse population of Oregon, and this conference furnished the conspirators their opportunity. Their idea was that having got an object before the people on which all could unite, they might advance from the ostensible object, protection for domestic animals, to the more important, though hidden object, "preservation for both property and person." The "wolf meeting," as it is called, convened on the 2d of February, 1843, and was fully attended. It was

feared that Dr. I. L. Babcock, the chairman, might suspect the main object, but in this instance he was less astute than some others. The utmost harmony prevailed. It was moved that a committee of six should be appointed by the chair to devise a plan and report at a future meeting, to convene, it was decided, on the first Monday in Marclı next at ten o'clock a. m.

After the meeting pursuant to adjournment had completed its business by organizing a cam- paign against wolves, bears and panthers, and adopting rules and regulations for the govern- ment of all in their united warfare upon pests, one gentleman arose and addressed the assem- bly, complimenting it upon the justice and pro- priety of the action taken for the protection of domestic animals, but "How is it, fellow-citi- zens," said he, "with you and me and our chil- dren and wives? Have we any organization upon which we can rely for mutual protection? Is there any power or influence in the country suffi- cient to protect us and all we hold dear on earth from the worse than wild beasts that threaten and occasionally destroy our cattle? Who in our midst is authorized at this moment to protect our own and the lives of our families? True, the alarm may be given as in a recent case, and we may run who feel alarmed, and shoot off our guns, while our enemy may be robbing our prop- erty, ravishing our wives and burning the houses over our defenseless families. Common sense, prudence and justice to ourselves demand that we act in consistency with the principles we commenced. We have mutually and unitedly agreed to defend and protect our cattle and domestic animals; now, fellow-citizens, I submit and move the adoption of the two following resolutions, that we may have protection for our persons and lives, as well as our cattle and herds:

"'Resolved, That a committee be appointed to take into consideration the propriety of taking measures for the civil and military protection of this colony.

"'Resolved, That said committee consist of twelve persons.'"

If an oratorical effort is to be judged by the effect produced upon the audience, this one deserves place among the world's masterpieces. The resolutions carried unanimously. The com- mittee appointed consisted of I. L. Babcock, Elijah White, James A. O'Neil, Robert Shor- tess, Robert Newell, Etienne Lucier, Joseph Gervais, Thomas Hubbard, C. McRoy, W. H. Gray, Sidney Smith and George Gay. Its first meeting was held before a month had elapsed, the place being Willamette Falls. Jason Lee and George Abernethy appeared and argued vehe- mently against the movement as premature. When the office of governor was stricken from the list, the committee unanimously decided to call another meeting for the ensuing 2d of May.

CENTRAL WASHINGTON.

W. II. Gray, in his history of Oregon, describes this decisive occasion thus:

"The 2d of May, the day fixed by the com- mittee of twelve to organize a settlers' govern- ment, was close at hand. The Indians had all learned that the 'Bostons' were going to have a big meeting, and they also knew that the Eng- lish and French were going to meet with them to oppose what the 'Bostons' were going to do. The Hudson's Bay Company had drilled and trained their voters for the occasion, under the Rev. F. N. Blanchet and his priests, and they were promptly on the ground in an open field near a small house, and, to the amusement of every American present, trained to vote 'No' to every motion put; no matter if to carry their point they should have voted 'Yes,' it was 'No.' Le Breton had informed the committee, and the Americans generally, that this would be the course pursued, according to instructions, hence our motions were made to test their knowledge of what they were doing, and we found just what we expected was the case. The priest was not prepared for our manner of meeting him, and, as the record shows, 'considerable confusion was existing in consequence.' By this time we had counted votes. Says Le Breton, 'We can risk it; let us divide and count.' 'I second the motion,' says Gray. 'Who's for a divide?' sang out old Joe Meek, as he stepped out. 'All for the report of the committee and an organization, follow me.' This was so sudden and unexpected that the priest and his voters did not know what to do, but every American was soon in line. Le Breton and Gray passed the line and counted fifty-two Americans and but fifty French and Hudson's Bay men. They announced the count -'Fifty-two for and fifty against.' 'Three cheers for our side!' sang out old Joe Meek. Not one of those old veteran mountain voices was lack- ing in that shout for liberty. They were given with a will, and in a few seconds the chairman, Judge I. L. Babcock, called the meeting to order, and the priest and his band slunk away into the corners of the fences and in a short time mounted their horses and left."

After the withdrawal of the opponents of this measure, the meeting became harmonious, of course. Its minutes show that A. E. Wilson was chosen supreme judge; G. W. Le Breton, clerk of the court and recorder; J. L. Meek, sheriff; W. H. Willson, treasurer; Messrs. Hill, Shortess, Newell, Beers, Hubbard, Gray, O'Neil, Moore and Dougherty, legislative committee; and that constables, a major and captains were also chosen. The salary of the legislative com- mittee was fixed at $1.25 per diem each mem- ber, and it was instructed to prepare a code of laws to be submitted to the people at Champoeg on the 5th day of July.

On the day preceding this date, the anniver- sary of America's birth was duly celebrated, Rev. Gustavus Hines delivering the oration.

Quite a number who had opposed organization at the previous meeting were present on the 5th and announced their determination to acquiesce in the action of the majority and to yield obedi- ence to any government which might be formed, but representatives of the Hudson's Bay Com- pany even went so far in their opposition as to address a letter to the leaders of the movement asserting their ability to defend both themselves and their political rights.

A review of the "Organic laws" adopted at this meeting would be interesting, but such is beyond the scope of our volume. Suffice it to say that they were so liberal and just, so com- plete and comprehensive, that it has been a source of surprise to students ever since that untrained mountaineers and settlers, without experience in legislative halls, could conceive a system so well adapted to the needs and condi- tions of the country. The preamble runs: "We, the people of Oregon territory, for the purposes 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." The two weaknesses, which were soonest felt, were the result of the opposition to the creation of the office of gov- ernor and to the levying of taxes. The former difficulty was overcome by substituting, in 1844, a gubernatorial executive for the triumvirate - which had theretofore discharged the executive functions, and the latter by raising the necessary funds by popular subscription. In 1844, also, a legislature was substituted for the legislative committee.

Inasmuch as the first election resulted favora- bly to some who owed allegiance to the British government as well as to others who were citi- zens of the United States, the oath of office was indited as follows: "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 a subject of Great Britain, and faithfully demean myself in office. So help me God."

Notwithstanding the opposition to the provi- sional government, the diverse peoples over whom it exercised authority, and the weaknesses in it resulting from the spirit of compromise of its authors, it continued to exist and discharge all the necessary functions of sovereignty until, on August 14, 1848, in answer to the numerous memo- rials and petitions, and the urgent appeals of Messrs. Thornton and Meek, congress at last decided to give to Oregon a territorial form of government with all the rights and privileges usually accorded to territories of the United States. Joseph Lane, of Indiana, whose subse- quent career presents so many brilliant and so many sad chapters, was appointed territorial governor.

CHAPTER VI.

1714324

THE OREGON CONTROVERSY.

The reader is now in possession of such facts as will enable him to approach intelligently the contemplation of the great diplomatic war of the century, the Oregon controversy. It may be safely asserted that never before in the history of nations did diplomacy triumph over such wide differences of opinion and sentiment and effect a peaceable adjustment of such divergent interna- tional interests. Twice actual conflict of arms seemed imminent, but the spirit of compromise and mutual forbearance ultimately won, a fact which shows that the leaven of civilization was working on both sides of the Atlantic, and gives reason to hope that the day when the swords of the nations shall be beaten into plowshares and their spears into pruning hooks may not be as far in the future as some suppose.

We need not attempt to trace all the conflict- ing claims which were at any time set up by different nations to parts or the whole of the old Oregon territory, nor to go into the controversy in all its multiform complications, but will con- fine our inquiry mainly to the negotiations after Great Britain and the United States became the sole claimants. France early established some right to what was denominated "the western part of Louisiana," which, in 1762, she conveyed to Spain. This was retroceded to France some thirty-eight years later, and in 1803 was by that nation conveyed with the rest of Louisiana to the United States. So France was left out of the contest. In 1819, by the treaty of Florida, Spain ceded to the United States all right and title whatsoever which she might have to the terri- tory on the Pacific, north of the forty-second parallel.

What then were the claims of the United States to this vast domain? Naturally, they were of a three-fold character. Our government claimed first in its own right. The Columbia river was discovered by a citizen of the United States and named by him. The river had been subsequently explored from its sources to its mouth by a government expedition under Lewis and Clarke. This had been followed and its effects strengthened by American settlements upon the banks of the river. While Astoria, the American settlement, had been captured in the war of 1812-15, it had been restored in accord- ance with the treaty of Ghent, one provision of

which was that "all territory, places and posses- sions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of this treaty, shall be restored without delay."

It was a well established and universally rec- ognized principle of international law that the discovery of a river followed within a reasonable time by acts of occupancy, conveyed the right to the territory drained by the river and its tribu- tary streams. This, it was contended, would make the territory between forty-two degrees and fifty-one degrees north latitude the rightful possession of the United States.

The Americans claimed secondly as the suc- cessors of France. By the treaty of Utrecht, the date whereof was 1713, the north line of the Louisiana territory was established as a dividing line between the Hudson's bay territory and the French provinces in Canada. For centuries it had been a recognized principle of international law that "continuity" was a strong element of territorial claim. All European powers, when colonizing the Atlantic seaboard, construed their colonial grants to extend, whether expressly so stated or otherwise, entirely across the continent to the Pacific ocean, and most of these grants conveyed in express terms a strip of territory bounded north and south by stated parallels of latitude, and east and west by the oceans. Great Britain herself had stoutly maintained this prin- ciple, even going so far as to wage with France for its integrity the war which was ended by the treaty of 1763. By that England acquired Can- ada and renounced to France all territory west of the Mississippi river. It was therefore con- tended on the part of the United States that England's claim by continuity passed to France and from France by assignment to this nation. This claim, of course, was subject to any rights which might prove to belong to Spain.

Thirdly, the United States claimed as the suc- cessor of Spain all the rights which that nation might have acquired by prior discovery or other- wise having accrued to the United States by the treaty of Florida.

In the negotiations between Great Britain and the United States which terminated in the Joint- Occupancy treaty of 1818, the latter nation pressed the former for a final quit-claim to all -

CENTRAL WASHINGTON.

territory west of the Rocky mountains. In so doing it asserted its intention "to be without ref- erence or prejudice to the claims of any other power," but it was contended on the part of the American negotiators, Gallatin and Rush, that the discovery of the Columbia by Gray, its exploration by Lewis and Clarke, and the Amer- ican settlement at Astoria, rendered the claim of the United States "at least good against Great Britain to the country through which such river flowed, though they did not assert that the United States had a perfect right to the coun- try."

When, however, the United States succeeded to Spain, it was thought that all clouds upon its title were completely dispelled, and thereafter it was the contention of this government that its right to sole occupancy was perfect and indis- putable. Great Britain, however, did not claim that her title amounted to one of sovereignty or exclusive possession, but simply that it was at least as good as any other. Her theory was that she had a right of occupancy in conjunction with other claimants, which by settlement and other- wise might be so strengthened in a part or the whole of the territory as to ultimately secure for her the right to be clothed with sovereignty.

In the discussion of the issue, the earliest explorations had to be largely left out of the case, as they were attended with too much vague- ness and uncertainty to bear any great weight. The second epoch of exploration was, therefore, lifted to a position of prominence it could not otherwise have enjoyed. Perez and Heceta, for the Spaniards, the former in 1774, the latter a year later, had explored the northwest coast to the fifty-fifth parallel and beyond, Heceta discov- ering the mouth of the Columbia river. To offset whatever rights might accrue from these explo- rations, England had only the more thorough but less extensive survey of Captain James Cook, made in 1778. The advantage in point of prior discovery would, therefore, seem to be with the United States as assignee of Spain.

After the Joint-Occupancy treaty of 1818 had been signed, negotiations on the subject were not reopened until 1824. In that year, obedient to the masterly instructions addressed to him on July 22, 1823, by John Quincy Adams, secretary of state, Richard Rush, minister to England, entered into negotiations with the British minis- ters, Canning and Huskisson, for the adjustment of the boundary. Mr. Rush was instructed to offer the forty-ninth parallel to the sea, "should it be earnestly insisted upon by Great Britain." He endeavored with great persistency to fulfil his mission, but his propositions were rejected. The British negotiators offered the forty-ninth parallel to the Columbia, then the middle of that river to the sea, with perpetual right to both nations of navigating the harbor at the mouth of the river. This proposal Mr. Rush rejected, so

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An illustrated history of Klickitat, Yakima and Kittitas counties; with an outline of the early history of the state of Washington, Part 10

Author: Interstate publishing co., Chicago, pub Publication date: 1904 Publisher: [Chicago] Interstate publishing company Number of Pages: 1146

Author: Interstate publishing co., Chicago, pub
Publication date: 1904
Publisher: [Chicago] Interstate publishing company
Number of Pages: 1146