An illustrated history of the state of Washington, containing biographical mention of its pioneers and prominent citizens, Part 20

Author: Hines, Harvey K., 1828-1902
Publication date: 1893
Publisher: Chicago, The Lewis publishing company
Number of Pages: 1056

USA > Washington > An illustrated history of the state of Washington, containing biographical mention of its pioneers and prominent citizens > Part 20

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This shows, as well as such phrases can show, that the real conflict was the old one of rival claims to Oregon, now assuming, so far as the people of Oregon themselves were concerned, only another form of expression.

According to call the settlers gathered at Champoeg on the 2d of May. Dr. I. L. Bab- cock was chairman, and G. W. Le Breton was secretary. The committee of twelve appointed at the previous meeting made its report. A motion to accept it was lost; the Hudson's Bay men and the Catholics, under the lead of Rev. F. N. Blanchet, voting " No" on the motion to accept. There was much confusion, if not some consternation, at this result, for it seemed that all the hopes of those who desired the establish- ment of some order of government were to be blasted. A motion made by Mr. Le Breton, however, rescued the meeting from its nnhappy dilemma. It was that the meeting divide: those

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in favor of an organization taking the right, and those opposed to it taking the left. This motion prevailed withont opposition. "Joe Meek," an old Rocky mountain man, of tall, erect and commanding form, fine visage, with a coal-black eye, and the voice of Stentor, a thorough American, stepped out and shouted, " All in favor of the report of the committee and an organization, follow me." The Ameri- cans were immediately in line by his side. More slowly the opposition with Blanchet went " to the left." The lines were carefully counted. Fifty-two stood with Meek; fifty with Blan- chet, -- so narrow was the margin of sentiment in favor of the organization of any form of gov- ernment. Promptly the chairman called the meeting to order again; but the defeated party withdrew, leaving only those who voted in the affirmative to conclude the proceedings of the day.

This was easily done, for now the cause was in the hands of its friends. The report of the committee of twelve was taken up. discussed, amended and adopted. It provided for the election of a supreme judge, with probate power, a clerk of the court, a sheriff, three magistrates, three constables, a treasurer, a major and three captains. A. E. Wilson was chosen to act as supreme judge. G. W. Le Breton as clerk of the court, J. L. Meek as sheriff and W. II. Wilson as treasurer. The other offices were filled and a "Legislative Committee " of nine was ap- pointed, consisting of Messrs. Hill, Robert Shortess, Robert Newell, A. Beers, Hubbard, W. H. Gray, J. O'Neil, R. Moore and Dough- erty. The session of the " Legislative Com- mittee " was limited to six days and their per diem fixed at $1.25, which they immediately contributed themselves. This committee as- sembled at the Falls on the 10th of May and was furnished a room gratuitously by the Meth- odist mission at that place, which, though the best that could be had, was certainly humble enough to snit even frontier views of economy in the work of State building. It was a build- ing 16 x 30 and divided into two rooms, one of

which accommodated the first legislature of Oregon. As the discussions of this legislature were tentative, and to be reported to a meeting of the citizens to be held at Champoeg on the 5th of July, it is not necessary to record them in extenso here. The session continued but three days.

The meeting to consider the report of the legislative committee was to be on the 5th day of July. Showing the thorough American senti- ment that prevaded the entire movement a cel- ebration of " Independence Day " had been ar- ranged for at the same place on the 4th, and an oration in honor of that day so dear to every true American was delivered by Rev. Gustavus Hines. On the 5th the meeting of the citizens was held and the orator of the previous day was chosen to preside over it. Quite a number of those who had opposed organization at the pre- vious meeting were present at this and an- nouneed themselves as favorable to the objeets sought to be attained by the Americans. Others. however, including the Catholic missionaries and the Hudson's Bay Company, not only did not attend, but publicly asserted that they would not submit to the authority of any government that might be organized. The representatives of the Hudson's Bay Company addressed a communication to the leaders of the movement, stating that they felt abundantly able to defend both themselves and their political rights. With affairs in this attitude Mr. Hines an- nounced that the report of the legislative con- mittee was in order. The report was accord- ingly read by Mr. Le Breton. It consisted of a body of what was styled by the committee " or- ganie laws," prefaced by the following pre- amble:

" We, the people of Oregon Territory, for the purpose of mutual protection, and to secure peace and prosperity among ourselves, agree to adopt the following laws and regulations until such time as the United States of America ex- tend their jurisdiction over us." Then follows the usual form of a constitution, with the usual definitions and restrictions of the powers of

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the government. It provided for an Executive Committee of three instead of a governor, and a Legislative Committee of nine, and in the main followed the order adopted by the preliminary meeting in March. It provided that the laws of Iowa should be the laws of Oregon Territory in cases not otherwise provided for, and made definite provision on the subject of land claims. The portion of the report that elicited the most controversy was that constituting an executive committee of three, some desiring a single ex- ecutive and some wishing to leave the govern- ment -- if government it could then have been called-without an executive head. On the vote being taken the body of "organic laws " re- ported by the committee was adopted, with only slight amendments by the meeting. It was re- solved that the persons chosen to officiate in the several offices at the meeting held in May should continue in office until the following May. This left only the Executive Committee to be elected, and on a ballot being taken Alanson Beers, David Hill and Joseph Gale were chosen, and these three constituted the first executive of the Territory of Oregon. In this manner Oregon passed from a condition where every man was a law unto himself into the condition of an organized political commonwealth, and a new era had dawned upon her.

The first election under the provision of the organic law adopted by the people at Champoeg, July 5, 1843, was held on the 14th of May, 1844. At this election P. G. Stewart, Osborn Russell and W. J. Bailey were elected members of the Exeentive Committee: Ira L. Babcock, supreme judge, John E. Long, clerk and re- corder, Philip Foster, treasurer, and Joseph L. Meek, sheriff. The legislative districts had been organized, covering all of what now con- stitutes the States of Oregon, Washington and Idaho, and a part of the State of Montana. That was the Oregon Territory of the days of the provisional government and up to 1853, when Washington Territory was organized by act of Congress,

The plan of government proved so defective that at their meeting at Oregon City in Decem- ber, 1844, the legislative committee passed several aets amendatory of it providing for their submission to the people, among which was a change from an executive committee of three to a governor, and from a legislative committee elected by the people en masse to a legislature representing legislative distriets. These amend- ments were adopted by the people, and at the first annual election held under the amended organic law on the 3d of June, 1845, George Abernethy was elected the first governor of Oregon; John E. Long was elected secretary; Francis Ermatinger, treasurer; J. W. Nesmith, district attorney; S. W. Moss, assessor; and Joseph L. Meek was continued as sheriff. The total vote cast for governor was 504. The ques- tion of holding a convention to frame a consti- tution had also been submitted to the people, bnt the plan was defeated by a vote of 283 against to 190 in favor of it.

At the time of his election as governor, Mr. Abernethy was absent from the country on a visit to the Sandwich islands, and until his re- turn the old executive committee officiated as the executive of the Territory.

When the Legislature met at Oregon City on the 24th of June, Mr. Jesse Applegate prepared a form of oath to be administered to the mem- bers eleet, the terms of which indicate the peen- liar condition of society existing in the country at that time. The oath was as follows:

OATU OF OFFICE .- I do solemnly swear that I will support the organie laws of the provis- sional 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.

This form of oath, it will be seen, left much to the judgment of the individual legislator as to what was or was not "consistent" with his duties " as a citizen of the United States, or a subject of Great Britain." Still it is worthy

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of remark that, so far we have have been able to ascertain, there was no case of even alleged conflict between such duties and obedience to the organic law of the Territory. Indeed there was no danger of this so far as those who were citizens of the United States were coll- cerned, as the organic law was entirely the prod- net of the spirit of American citizenship, and was the act of American citizens. This form of oath was doubtless designed to disarm, as far as possible, opposition to provisional govern- ment on the part of those who, from their re- lations to the British government and the Hud- son's Bay Company, yet persisted in opposing it. Practically so far as the members of the Legislature were concerned, it had no applica- tion, as they were all citizens of the United States, and hearty supporters of the organic law.

As this was the first legislature elected in the nsnal manner by the ballots of the eleetors of Oregon, it seems proper that their names be given here. They were:

Clackamas District: Il. A. J. Lee, Hiram Straight, W. H. Gray.

Tualatin District: M. M. McCarver, D. Hill, J. W. Smith.

Champoeg Distriet: J. M. Garrison, M. G. Foisy, Barton Lee, Robert Newell.

Clatsop Distriet: John McClure.

Yam Hill District: Jesse Applegate, A. Ilen- dricks.

To those acquainted with the geography of the country it is hardly necessary to say that they were all residents south of the Columbia river, for, though there had been a section called Vancouver district designated the year before, including the country north of the Columbia, it had elected no representative, and really there was hardly any settlement in it except by the Hudson's Bay people, and these could hardly be called settlements in the understanding of that term by an American.

The new legislature met at Oregon City on the 24th of June, and elected M. M. MeCarver speaker. The first and most important business of the session was the passing of a memorial to

Congress, asking for a Territorial government according to the usnal forms of Congressional action. On the 28th of June this memorial was signed by the acting executive, in the ab- sence of Governor-elect Abernethy, namely; Messrs. Russell and Stewart of the old execu- tive committee, Supreme Judge Nesmith and the members of the legislature; and Dr. Elijah White was delegated to convey it to Washing- ton. This being done the legislature took a re- cess until August 5, awaiting the vote of the people on the adoption of a revised and amended organic law which had been duly submitted to them. The vote being strongly in favor of the new law, the legislature began its action under it at the appointed time. After some disagree- able wrangling the action of the body at its first session electing M. M. MeCarver speaker, was reconsidered, and Robert Newell was elected in his place. A spirit of personal partisanship is disclosed by the records of the session, perhaps not greatly to be wondered at, and still not commending the body to any special enlogy. The previous appointment of Dr. White as messenger to convey the memorial asking the organization of a Territorial government for Oregon to Congress, became a great canse of contention. The methods and spirit of Dr. White, as we have previously stated, were sneh that he did not command general public confi- dence, though he did not fail to secure a warm personal and partisan support. Whether the action of the legislature in first appointing him its messenger and placing its memorial in his hands, and afterward, by a unanimous vote, committing to him also a copy of the amended organic law to be conveyed with the memorial to Congress, and then, in a few days, demand- ing their return, was taken with becoming dig- nity and intelligence, is a question we will not discuss. Certain it is, however, that at this point in the legislative history of Oregon there was an amount of personal polities intermingled with all public politics not conservable of the best interests of the new commonwealth. Further than this we need not here draw aside the veil.

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The ostensible reason for the action of the legislature demanding of Dr. White the return of the documents entrusted to him, was that they had not been "attested and dispatelied ac- cording to the directions of this house;" or, in other words, that Mr. MeCarver had signed the memorial as speaker of the house, which, it seems, was not what that body desired. If one at this day can truly read between the lines of the recorded action of the legislature concerning these matters, a belief that the prominence that body had given Dr. White as bearer of these documents to Washington, and its consequent quasi indorsement of him after his serviee as sub-agent of Indian affairs in Oregon, would give him a strong moral claim for any office of honor or profit he might desire in the hoped-for Territorial organization, was the real reason for that action. The members believed, too, that he would use his position for that end, which is not only likely, but what, probably, most of them would have done under the same circum- stances.

Dr. White, in a singularly characteristic note, refused to comply with the demand of the legis- lature to return the documents, and proceeded on his way to Washington. Not to be foiled in its purpose, the legislature cansed to be for- warded to Congress, through the American Con- sul at the Sandwich Islands, a copy of the or- ganic law of the provisional government signed by the governor and attested by the secretary, and also of all resolutions adopted by that body relating to the sending of the same to Congress by the hand of Dr. White, and also a copy of the letter of Dr. White declining to return the same to it. On the arrival of the documents thus forwarded in Washington, Dr. White, who had reached that eity before them, was con- fronted by them, and they effectually destroyed all liis ehanees for political preferment in Oregon.

The result of these memorials and petitions to Congress, in the then attitude of the inter- national dispute regarding the ownership of Oregon, could only be to keep the question eon-

stantly and influentially before the Government of the United States, and impress it with the vast importance of the great country in dispute. This they effectually did. But of course no Territorial government could be erected over it until all the antecedent questions of sovereignty were settled. For this the people of Oregon waited impatiently. The Government seemed much too tardy and indifferent in pressing these questions to a settlement, and the people of Oregon were long left in suspense as to whether they were really regarded as American citizens or not. Meanwhile the affairs of the sui generis commonwealth were managed by the provisional government as best they could be in the condi- tion of the country, and the historian, after making due allowances for the inexperience of those to whom was intrusted this semblance of anthority, must say they were well managed.

It was fortunate that at this critical juncture in the affairs of Oregon a man of calin, self- poised, conservative mold was its chief execu- tive officer. The only authority of the govern- ment was a moral one. Its only power to en- force its decrees was in the will of the people to obey them. To the immortal honor of the pio- neers it may be written that no country ever had a larger proportion of people who governed themselves by the general rule of right-doing than had Oregon. To that class of people Gor- ernor Abernethy's quiet, nndemonstrative, con- scientious course as an officer and a man com- mended itself, and in commending itself also commended the government of which he was the executive head. Oregon had many abler, more brilliant, more aggressive men, and many of these undervalued him, and depreciated his conservatism, but it was best for Oregon. A Hotspur in the executive ehair at that time would almost certainly have so embroiled the American and British elements then in the country by the equal rights of treaty stipula- tions as greatly to endanger our national peace, if not, indeed, to make probable a conclusion of .our international controversy less favorable to the United States. He was strong enough to wait,

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wise enough to be prudent. This is said for Mr. Abernethy without any depreciation of the character or work of other men, coadjutors with him in the thrillingly important events of their era, but in just appreciation of the influence and work of this man in molding and conserv- ing the early character of Oregon history, and in bringing Oregon through the really most dangerous period of its civil and political con- struction. No American at that time in Ore- gon, who onght to have been thought of in con- nection with the office of governor, had more of the respect and confidence of those who were not Americans than he, and it was greatly this respect and confidence in him that prevented a more open and violent opposition to the provis- ional government on the part of these people. This, by some writers, has been set down as a discount on his qualifications for the office which he held, but to us it seems one of the prime factors in the real influence of the government he directed.

While many very important events in the general history of Oregon occurred during the existence of the provisional government, they will be found recorded elsewhere in this book, under the special departments of history to which they belong; what relates particularly to the history of that government itself can soon be told. Though in 1846 the " Oregon ques- tion " between Great Britain and the United States was settled, confirming to the United States all the country west of the Rocky mount- ains up to the 49° of latitude, yet no decisive movement was made by Congress toward the organization of a Territorial government over it. Therefore on the 3d of June, 1847, another election for governor and other officers, and

members of the provisional legislature, was held. The number of votes polled for governor was 1,074, George Abernethy receiving a plu- rality of the votes and being elected. The Legislature had then increased to twenty-two members, five coming from the region north of Columbia river, and the names of several who had been, in some relation, connected with the interests of the Hudson's Bay Company, appear- ing for the first time upon the list of members. This indicated a gradual melting down of the old barriers of caste and nationality, and gave some pledge of a future harmoniousness of feel- ing and action on the part of all the people of the country. The question of title to the country having been settled, the old canses of disagreement had passed away, except the lin- gering remnants of personal enmities begotten of adverse national predileetions and interest. Many of these disappeared only in the graves of those who were prejudiced or fanatical enough to entertain them.

The bill for the organization of a Territorial government for Oregon was placed on its final passage in Congress on the 12th of August, 1848. The incidents leading up to and attend- ing this event will be found elsewhere and need not be referred to here. When the " ayes " and " nays" were called a majority voted in the affirmative. President Polk affixed his signa- ture to it a few hours afterward, and at once appointed General Joseph Lane, of Indiana, governor of the Territory of Oregon. On his arrival at Oregon City, on the 2d of March, 1849, he issned his proclamation, and assumed the duties of his office, and the provisional government of Oregon had ceased to exist.

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CHAPTER XIV.

TERRITORIAL ERA.

ORGANIZATION DELAYED -- BENTON'S LETTER -- MR. THORNTON'S MISSION TO WASHINGTON-J. L. MEEK SENT TO WASHINGTON-PRESIDENT POLK APPOINTS TERRITORIAL OFFICERS-CENSUS TAKEN-GOLD DISCOVERED IN CALIFORNIA-ELECTION OF DELEGATES TO CONGRESS - FIRST TER- RITORIAL LEGISLATURE-Gov. LANE-GOV. GAINES REGIMENT OF MOUNTED RIFLEMEN- CHANGE OF OFFICERS FIRST NEWSPAPER-STEAMER BUILT -DEATH OF MR. THURSTON.

A LTHOUGH the " Oregon question," as an international one, was concluded in the summer of 1846, the country itself was left practically to its own resources for two years longer. It was confidently ex- pected by the people of Oregon, and of the Eastern States as well, that the organization of a Territorial government would soon follow the settlement of the boundary controversy. Under this expectation a large emigration from the older States crossed the plains in 1847. But Congress delayed. Reasons of politics were more potent in the councils of the nation than reasons of statesmanship. The Mexican war was in progress. The administration had all and more than it could do to maintain itself before the people. Its abdication of the politics of the convention and the stump on the Oregon question for those of statesmanship and reason had angered a large element of its former sup- porters, and the progress of the war, while lifting generals into high reputation, were add- ing nothing to the honor of those politicians who anticipated preferment as the result of the war. So Oregon must wait. And another question was in the slumbering Oregon ques- tion. That was the slavery question! and all knew that when the matter of the organization of the Territorial government for Oregon came before Congress this "Satan" of our politics for so many years would "come also." And for this reason, too, the question must wait.

The disappointment in Oregon over this de- lay was intense. To allay it as far as possible Mr. Buchanan, Secretary of State under Presi- dent Polk, and Thomas H. Benton, wrote letters to the people of Oregon, giving the strongest assurances that they would be cared for, and

the interests of the rising commonwealth on the Pacific protected. Mr. Buchanan expressed the deep regret of President Polk that Congress had neglected Oregon, and promising the presence of a regiment of dragoons, and the occasional visits of vessels of war to protect the people. That of Senator Benton gave so clear a view of the political situation in which appears so much that is vital to the brave frontiersmen of Ore- gou, that our readers will be glad to see some extracts from it. He says:

"WASHINGTON, March, 1848.

"My Friends (for such I may call many of yon from personal acquaintance, and all of you from my thirty years of devotion to the inter- ests of your country): I think it right to make this communication to yon at the present mo- inent when the adjournment of Congress, with- out passing the bill for your government and protection, seems to have left you in a state of abandonment by your mother country. You are not abandoned. Nor will you be denied protection unless you agree to admit slavery. I, a man of the Sonth and a slaveholder, tell you this. The House of Representatives, as early as the middle of Jannary, had passed the bill to give you a Territorial government, and in that bill had sanctioned and legalized your provisional organic act, one of the clauses of which forever prohibited the existence of slavery in Oregon.

"An amendment from the Senate's committee, to which this bill was referred, proposed to ab- rogate that prohibition, and in the delays and vexations to which that amendment gave rise, the whole bill was laid upon the table and lost for the session. This will be a great disappoint- ment to you and a real calamity, already five

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years without law or legal institutions for the protection of life, liberty and property, and now doomed to wait a year longer. This is a strange and anomalous condition, almost in- credible to contemplate and critical to endure! A colony of free men, almost four thousand miles from the metropolitan government to preserve them! But do not be alarmed or des- perate. You will not be outlawed for not ad- mitting slavery.

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An illustrated history of the state of Washington, containing biographical mention of its pioneers and prominent citizens, Part 20

Author: Hines, Harvey K., 1828-1902 Publication date: 1893 Publisher: Chicago, The Lewis publishing company Number of Pages: 1056

Author: Hines, Harvey K., 1828-1902
Publication date: 1893
Publisher: Chicago, The Lewis publishing company
Number of Pages: 1056