USA > Washington > History of Washington; the rise and progress of an American state, Vol. II > Part 19
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Soon after his arrival in the fall of 1842, Dr. White, the newly appointed Sub-Indian agent, learned of the indigni- ties that the Indians had been offering to the missionaries in the Walla Walla country, and deeming this to offer excel- lent opportunity for the exercise of his ill-defined authority, he set out for the missions accompanied by Cornelius Rogers and Thomas Mckay. At Walla Walla Chief Trader Mc- Kinlay joined them. There were so few Indians about Waiilatpu when they arrived, that the party went on to Lapwai, which they reached early in December. There he held a council which was addressed by Agent White, Chief Trader Mckinlay and Rogers and Mckay, and by
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several of the Indians. As a result of it White appointed a new chief for the tribe, named Ellis, and induced them to adopt a code of laws which he had prepared for their govern- ment, and prescribing punishment for such offences as homi- cide, arson, larceny, trespass. Any who violated this code were to be tried by the chief, who should prescribe the pun- ishment in case of conviction. If a white man violated them he was to be reported to the agent. Murder and arson were punishable by death, and other offences by fines and whip- ping.
The new chief administered these laws with great harsh- ness, and this gave rise to very great dissatisfaction. Ellis had received some education at Red River, and his new ap- pointment gave him great self-importance. The Indians were humiliated by the punishments he inflicted, for acts that they had never regarded as unlawful, and they soon began to regard the laws as entirely arbitrary, and as part of a scheme designed for their subjugation, so that instead of making matters better by his visit the new subagent rapidly made them worse.
Upon his return to Waiilatpu so many of the principal Indians were still absent that White found it impossible to hold a council at that time. He, however, arranged to return early in the following May, and then went on down the river. During the winter Dr. McLoughlin learned with increasing anxiety that the Indians were becoming more and more uneasy and inclined to be troublesome. They had viewed the arrival of the emigrants with great sus- picion. More had come during the last year than on the year previous, and more that year than ever before. If these arrivals continued to increase they saw that they must soon be driven out of their country. They discussed with great
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concern the industry and activity of the missionaries, and noted how much more benefit they got out of their land than they had ever got for themselves. They had already begun to envy their prosperity. They believed they were rapidly growing rich. If these newcomers and all who should soon follow them should prove to be equally industrious, their lands would soon be occupied, and there would be no pasture for their horses and no place for themselves.
Dr. McLoughlin strongly urged White not to return to Waiilatpu in May as he had given notice that he would, realizing that his visit would possibly have a tendency to further excite the Indians in that country. But White was too thoroughly impressed with his own importance to be advised by anybody. He accordingly returned as agreed and the council was held. As at Lapwai a new chief was appointed, but he soon found that his appointment was so unpopular that he resigned, and another, known as Five Crows, was named in his place. White's code of laws was proposed and discussed, with many exhibitions of ill feeling, but was finally adopted and, as at Lapwai, only tended to increase the difficulties of the situation. When Whitman reached home in 1843 he found that his mill had been burned, and that the Indians were in a worse temper than he had ever seen them.
When the advance guard of the emigration of 1843 began to arrive at Vancouver the chief factor observed that the Indians were excited, and biding his time soon learned that they would be determined in their treatment of the immigrants by his disposition. He maintained a close watch, and as the first stragglers of the now all but disorganized companies were arriving, in canoes, he was standing upon the bank, while somewhat nearer the water was a group of
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a dozen Indians. One of them suddenly bawled out in the Indian language, "It is good to kill these Bostons." Per- ceiving instantly that this was but an attempt to sound him, and knowing that if he regarded the suggestion with any appearance of satisfaction, or even of indifference, it would be taken as permission from them to begin killing, he instantly showed his intense displeasure. He rushed upon them with his cane, and called out using the term that is most deeply cutting to an Indian, "Who is the dog that says that it is a good thing to kill the Bostons ?" The Indian who had thus drawn the doctor's ire now trembled and said that he meant no harm; he was simply repeating what he had heard the Dalles Indians saying. "Well," answered the doctor, show- ing his displeasure still, and without softening, "the Dalles Indians are dogs for saying so; and you also." And abrupt- ly left him. By this, as the doctor fully believed, the Indians became convinced that any wrong to the Americans would be punished by the Hudson's Bay Company. This was the authority they then respected, and McLoughlin was the one man they feared.
Among the immigrants who came to Oregon in the succeed- ing year were the five families who first settled north of the Columbia, in what subsequently became the territory and state of Washington. They came with the train of which Colonel Gilliam was in command, and one of their number, Colonel Michael T. Simmons, was one of his lieutenants. With the same train was another settler whose name subse- quently became prominent in the history of the coast. This was James Marshall, who first found gold in California. Thus with this single train came the pioneers who led the way to the acquisition by the United States of the country north of the Columbia and south of the forty-second parallel.
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The immigrants who came in this year, 1844, are estimated to have numbered 475. Those of the preceding year had been nearly twice as many. In 1845 the number increased to three thousand as was then supposed. In the year fol- lowing less than half that number came, but in 1847 the number again increased to four thousand or possibly five thousand. The Linn bill had not yet become law, but the public confidence that it would do so was great, and so many people were hurrying forward, to be on the ground and ready to take advantage of it when it should be enacted, that but for the discovery of gold in California, Oregon would probably have come into the Union as a new State, as Cali- fornia did, without ever having known a territorial govern- ment.
CHAPTER XXVII. THE PROVISIONAL GOVERNMENT ORGANIZED.
T HE early French and Canadian settlers on the Willamette felt no need of government, and doubt- less never suspected that they would need any, until long after the American settlers began to come among them. The good doctor, for whom they had worked for many years, and whose word had always been law to them, still ruled at Fort Vancouver and could make laws for them if there should be need. They had no occa- sion to bother about anything of that kind. When the mis- sionaries came they had their church rules and regulations, with Jason Lee as a chief authority to say what should or should not be done, if there was occasion. But after "the great reinforcement" arrived in 1840, and the good mission- aries began to be more absorbed in secular than in spiritual things, and the trappers and other settlers joined them, the desirability of establishing some more substantial form of government grew gradually more apparent.
Even before that time the missionaries had twice sent memorials to Congress asking its attention to their exposed condition, and that some means be devised for their protec- tion. Happily for themselves and their families the dan- gers which threatened them were not of a serious kind. The Indians were not troublesome, except by reason of their improvidence and general helplessness. No criminals had yet invaded the community, or done violence, whether to the person or property of any of its members. The protection they sought was rather needed to defend them against dan- gers that might arise, than against any that imminently threatened.
But the fact that title to the country was in dispute; that it was claimed both by the United States and England, and that the English practically had possession of it, through the
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Hudson's Bay Company, while our government was consent- ing to this condition of things under the treaty of joint occu- pation, and seemed disposed to continue to consent to it for an indefinite time, caused them constant anxiety. They sought to arouse Congress to action by formal petitions in which the dangers of the situation as they saw them were presented, but these did not produce the result desired, nor any result. They therefore began to contemplate the idea of forming a government of their own; but they were so few in numbers that the project seemed hardly feasible. Never- theless a meeting appears to have been held early in February 1841, at Champoeg, "for the purpose of consulting upon the steps necessary to be taken for the formation of laws, and the election of officers to execute them." At this meeting noth- ing was done, except to advise the appointment of a com- mittee to draft a code of laws, but no committee was appointed.
Here perhaps the matter would have rested for a time, but that an event occurred that required immediate action. On February 17th, Ewing Young died, leaving a considerable estate, and no heirs so far as known. On account of the unfavorable report which had preceded his arrival in the country, he had been coldly received by the people at the mission, as well as at the fort, and when later it was found that this report was false, and people were disposed to treat him in a more neighborly way, he had preferred to go on as he had been going, as a man apart. There was no one in the community of whom so little was known. There was prob- ably none who had so much property, and much of it was of a kind that required immediate attention. Something must be done and done quickly, and as there was no lawful authority under which it could be done, the settlers who had
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attended the funeral, resolved to meet on the following day at the Methodist mission, and arrange some plan by which his heirs, if he had left any, could be found, and his property cared for until it could be properly turned over to them.
The meeting was held and was well attended. It was apparent to all that some sort of court with powers of probate must be organized, but now that an event had occurred requiring action of this kind, some thought the occasion op- portune to take action on the more general subject which had so largely occupied their thoughts, and been the theme of their roadside conversations, for some time past. But there was an opposing party, which held to the opinion that the time was not yet ripe for an undertaking of that sort, and that it was best to do, at that time, only so much as the occasion required. This party prevailed and a court was organized by appointing Dr. Ira L. Babcock supreme judge, G. W. Le Breton clerk and recorder of public documents, and William Johnson sheriff. Four justices of the peace and two constables were also appointed. But before the meeting dissolved the government party succeeded in having a com- mittee, consisting of Father Blanchet, Revs. Jason Lee and Gustavus Hines, J. L. Parrish, D. Donpierre, M. Charle- vaux, Robert Moore, Etienne Lucier and William Johnson appointed to form a constitution and draft a code of laws.
The court thus organized proceeded to probate the estate of the deceased settler, and accomplished that duty with credit to itself and the settlers who had created it. But the committee appointed to form a constitution did nothing. Perhaps this was to have been expected, since Father Blanchet, being its first named member, and there- fore its chairman, was not in favor of a government at that time. So far as the Catholic part of the community, which
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was then in the majority, was concerned, there was no need for one. It was quite content with the government of the Hudson's Bay Company, and if that were absent would have been quite as content to submit itself to the control of the father himself. And aside from this the recent ex- perience of his brother with the Papineau uprising in Canada was too fresh in his mind to make him anxious to engage in any enterprise of a political nature, unless there was more urgent need to do so than then appeared.
As has already been shown the government party received no encouragement from Commodore Wilkes, who visited the valley in June of this year, and at a meeting held in "the new building near the Catholic church," the committee reported that it had made no progress in drafting laws or a constitution. The subject was accordingly dropped for the time being.
For nearly two years following nothing was done; but the matter was not forgotten. The American settlers noted with satisfaction that their numbers were steadily increasing, and more rapidly than ever before. The straggling members of the Farnham party began to arrive in the spring of 1842, and in October and November the first regular emigrant party that had crossed the plains reached the valley. This was the strongest reinforcement their numbers had received since the arrival of the Lausanne.
During the following winter a men's debating club was organized at the Willamette Falls, and it seems probable that it did far more to help along the cause of organization, and give it direction, than it has been given credit for. Few if any members of the community had given thought to the difficulties that might arise when organization should be attempted. It is hardly to be presumed that men who were
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unaccustomed to make nice distinctions in either political or legal matters, had given much consideration to such ques- tions as whether the government should assume to be real or provisional; or whether it should be independent, or subject to some higher power; or whether in either case it might do, or attempt to do things that would prove very embarrassing in the relations then subsisting between the United States and Great Britain. But some of these questions were proposed and discussed in this debating society, and the discussions set its members to thinking along lines that were intensely practical. Among those who participated in these debates were Dr. McLoughlin, Mr. Abernethy and L. W. Hastings. The latter had arrived with the White party, and was already employed as the chief factor's attorney. He proposed, as the subject for debate at one of the meetings, "that it was expedient for the settlers on the coast to organize an indepen- dent government. " Dr. McLoughlin supported this prop- osition and Mr. Abernethy opposed, and the doctor won the decision, for apparently those who did not take part in the debate acted as a jury, and decided the result after the speakers had finished. It was shrewdly guessed that the chief factor had suggested this question, through Hastings, and that he had a purpose in it, to encourage the settlers to undertake something they would find it impossible to do, and so delay, if he did not finally discourage, any attempt at government; or possibly that he hoped to lead them on to do something that he knew must be promptly suppressed if attempted. But if he had either purpose in view he failed completely, for Mr. Abernethy saw, if others did not, that no separate independent government would be tolerated, either by the United States or Great Britain, in territory which one or the other of them
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must own. He proposed as the subject for discussion at the following meeting, that "if the United States extends its jurisdiction over this country within the next four years, it will not be expedient to form an independent government." In the debate on this question Abernethy led, for the affirma- tive, and won the decision. A large number of settlers were present, and the deepest interest was manifested. Every- body left the meeting with a clearer understanding of the difference between an independent government and a provisional one, as well as with a keen sense of the im- portance of paying due attention to matters of form at the outset.
While the philosophers were thus speculating as to matters of form and expediency, and informing themselves as well as their neighbors in regard to the basic principles of govern- ment, in its simplest and purest form, the politicians were not idle. There are in every community a larger or smaller number of people who have a natural interest in those affairs which concern the whole body, and who more or less actively employ themselves in attempting to direct them. They awaken interest in public questions, and devise plans for bringing them to a decision. They organize parties, and sometimes seek to, or do control them, and often by improper means and for improper purposes. Nevertheless they are a very important and necessary element in popular govern- ment. These active workers, in the little settlement on the Willamette, found opportunity during the winter to give their neighbors an illustration of the value of united action, and they made use of it to show the value of government. Wild animals were unusually numerous that winter, and a number of the smaller domestic animals were carried off and devoured by them. Nearly every settler suffered some
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loss in this way, and complaints were numerous. The advo- cates of government were not slow to see in this situation of affairs, an opportunity to call a meeting and arrange for united action against a common enemy. A meeting was held February 2, 1843, at the Oregon Institute, and united and harmonious action was easily agreed upon. Dr. Ira L. Babcock, the probate judge, who had so successfully administered Ewing Young's estate two years earlier, pre- sided. There was some orderly discussion of the various plans of action proposed, and it was finally decided to appoint a committee of six to determine what should be done, and that this committee should report at another meeting to be held at the house of Joseph Gervais-who with Etienne Lucier, had been the earliest settler in the valley-on the first Mon- day in March. Ample time was thus given to have all who were interested notified, and also for those who wished the meeting to do something more than organize a campaign against wild animals, to arrange their plans.
This first meeting, which has become known in history as "the wolf meeting," was the real beginning of organized government on this coast, though the foundation for it had been laid much more carefully and wisely than was then known or realized, in the debating society at Willamette Falls. It was to Oregon and the coast, and perhaps much more than the coast, what the meeting of the pilgrims on board the Mayflower, before Plymouth Rock was reached, was to free government on their continent. It was the actual beginning. The whole plan of procedure was not thought out; the possibilities of what might follow were probably not suspected, but enough was done to meet present needs, and the way was opened to do more when there should be occasion for it.
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On March 4th the settlers assembled at the home of Joseph Gervais. The meeting was entirely harmonious. James A. O'Neil who had come out with Wyeth in 1834, was chosen chairman. He was entirely in sympathy with those who wished to do something more than make war on wild animals, and accordingly when the committee had reported a series of measures for defense against wolves, bear, and panthers; fixing a scale of bounties to encourage their destruction, and providing that money to pay these bounties should be raised by subscription, and paid to the treasurer; and when a treas- urer had been elected, he was quite prepared to entertain a motion that some further action be taken, that would lead to something more permanent.
W. H. Gray had by this time arrived from the mission east of the mountains, and entered upon his new duties as secular agent in the Willamette mission. Rising to express his satis- faction with what had been done, he proceeded to make a very temperate, yet forceful argument in favor of further action. All that had been done, he said, was right and pro- per. "But how is it with you and me, and your wives and children ?" he continued. "Have we any organization upon which we can rely for mutual protection ? Is there any power or influence in the country sufficient to protect us, and all that we hold dear, from the worse than wild beasts ? Who in our midst is authorized to call us together 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 property, ravishing our wives, and burning the houses over our defenseless families. Common sense, prudence, and justice to ourselves and families, demand that we act consis- tent with the principles that we have commenced. We have
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mutually and unitedly agreed to defend and protect our domestic animals; now, fellow-citizens, I submit, and move the adoptions of the two following resolutions, that we may have protection for our persons and lives, as well as for 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; and
"Resolved, that the said committee consist of twelve per- sons."
These resolutions were adopted by unanimous vote and the following committee was appointed : Drs. Babcock and White, and Messrs. O'Neil, Newell, Shortess, Lucier, Ger- vais, Hubbard, McRoy, Gay, Smith and Gray.
This action, although apparently unanimous, was received by the settlers with a considerable difference of opinion. Several public meetings were held, at which the subject was discussed, and for the time it was the universal subject of conversation whenever the settlers met. The first of these business meetings was held at Willamette Falls, and nearly all the settlers in the neighborhood attended. Dr. White was chosen chairman and G. W. Le Breton secretary. In the discussion both Jason Lee and George Abernethy took a very conservative view. They considered the meas- ure, as proposed, unwise, and a government unnecessary, or at least that action in the direction of establishing a govern- ment at that time would be premature. Lee had been very active in attempting to secure the extension of the authority of the United States over Oregon, and possibly believed that the erection of a temporary authority, without some action of Congress, would probably have an unfavorable effect,
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for if the settlers could protect themselves there would ap- parently be no need for the general government's protection. Abernethy seemed to feel that a provisional government, if established, would tend toward the idea of an indepen- dent government, such as Dr. McLoughlin seemed to favor, and that such a government would be likely to be controlled, in the beginning at least, by the Canadian settlers. Dr. White was apparently of the opinion that his commission as sub Indian agent, invested him with sufficient power and authority to govern the settlement, as the agent of the United States. But he was not popular in the community, and find- ing that their plans were meeting with objection, which was likely to be intensified by discussion, the advocates of organi- zation wisely concluded to adjourn the meeting, and appoint another, to be held at Champoeg on the second day of May, nearly two months later. Ample time was thus secured to have the subject fully canvassed, and lay plans with some care for what was to be done.
Hope of success in the beginning had seemed to require that everything be done as secretly as possible; the situation was now changed and the whole plan was discussed with the greatest industry and openness. One of the most active workers in favor of organization was Le Breton. He was a native of Baltimore, had a French name, and was a catholic, and he easily found admittance to the councils of those oppos- ing, as well as those favoring organization. It has been sus- pected that he was actuated in some degree by the hope of political preferment, in case government was organized, possibly for the reason that he had been clerk of the probate court, previously organized, and that he secured a similar situation under the provisional government, when it was established. But however this may be, he proved to be a
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