USA > Washington > History of Washington; the rise and progress of an American state, Vol. II > Part 20
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36
271
OF AN AMERICAN STATE
very active and efficient worker in the interest of the govern- ment party. The advocates of organization worked together harmoniously, industriously and very effectively during all the two months that intervened between the meeting at Willamette Falls, and that held at Champoeg on the second of May. Their opponents were divided, and apparently in doubt as to whether they ought to refuse entirely to par- ticipate in the proposed meeting, and thus be able to say that it was not fairly representative, or whether they should attend in their strength and attempt to carry the day against organ- ization by their superior numbers. Before the day of the meeting arrived they had apparently resolved on the latter course, and Le Breton had discovered that this would be their policy. They held four meetings for consultation before the day for the general meeting arrived, one at Vancouver, one at the Falls, and two at the Church of St. Paul near Champoeg. As the result of these meetings a document was prepared, apparently by Father Blanchet, and very generally signed by the French settlers. It was entitled "Address of the Canadian Settlers of Oregon to the Meeting at Champoeg, March 4, 1843." This document asserted that the signers were Canadian citizens, and took this occasion to express their views as such. They wished for good regulations, and did not object to the rules established by the first local govern- ment organized two years earlier, but were content to have it continue; they would not address a new petition to the government of the United States, until after the boundary question should be decided; they were opposed to a new government that might attempt to regulate the quantity of land that settlers might take, because they did not at present know which government would finally control the country, and therefore any local regulations that might be
272
THE RISE AND PROGRESS
made, would perhaps be set aside; they did not wish for a provisional government, which might overload the colony instead of improving it, and they thought there was doubt as to whether men capable of administering such a govern- ment could then be found in the community; they did not wish for a senate, or council to judge their difficulties, punish crimes or make laws for them; they expressed a fear that members of such bodies would be controlled by self-interest rather than by a desire to do even justice; they were also fearful that unjust taxes might be imposed; they did not think a militia was necessary at present, and that if organized they feared it would excite the suspicion of the Indians, and do harm rather than good; they regarded the country as free, at present, and open to settlement by the representatives of all nations, and they wished it to remain so; as English subjects, they desired to be on good terms with respectable people from all countries, and they asked to be allowed the same privileges that they were willing to award to others; they were willing to submit to any lawful government, when the time should come for it; they recognized the fact that laws would sometime become necessary, but so long as they were not necessary the attempt to establish them might give opportunity for roguery, to those who cared to practice it, and perhaps to other vices; in a new country the more men who were employed and paid by the public the less remained for industry, and finally no one could be more desirous than they were for the prosperity and general peace of the community, or for a general guaranty of the rights and liberty of all.
This document seems never to have been read at any general meeting, but its contents soon became as well known to the Americans as to the Canadians.
273
OF AN AMERICAN STATE
The Americans made an industrious canvass among the settlers of all nationalities, preparatory to the meeting on May 2d. On Tualatin Plains, Rev. J. S. Griffin took particu- lar pains to see all the settlers, and to urge their attendance at Champoeg. He called upon those who had recently arrived from the Red River country, and from Nisqually,
and explained to them that a provisional government would be followed by American occupation, and they would be entitled to hold their lands in fee simple, while under British law, if it should prevail, the whole country would possibly go to the Hudson's Bay Company. The Rocky Mountain men were also active. They were naturally opposed to the Hudson's Bay Company, and favorable to self-government. A leader among these was Joseph L. Meek, while Newell and others were also active. Happily F. X. Matthieu, a French Canadian who had joined the White party at Fort Laramie, and who had now taken a claim in the valley, was one of the most energetic and outspoken workers in favor of organization. He was living with the family of Etienne Lucier, and like most of the Canadians this early settler was afraid of the taxes a government might impose, and was very much opposed to law and lawyers for that reason. He had been told that windows were taxed in the United States, and was much concerned for fear that the openings in his cabin, which were covered with sheep skin, might become an expensive luxury. But Matthieu was able to relieve his fears and secure his vote.
There was a full attendance, both of Americans and Canadians, at Champoeg on May 2d. There was no build- ing in the place so large that the meeting could be held in it, and as the weather was pleasant it was held in the open air, on a little glade near the river bank. Before the deliberations
274
THE RISE AND PROGRESS
commenced the Americans had learned that the Cana- dians, who were not accustomed to participate in meetings of this kind, had been advised to vote "no" upon all prop- ositions, and before organizing permanently, it was thought advisible to put a number of motions upon which they should vote "yes" if consistent, and thus without risk discover their actual strength. The minutes of the meeting, as kept, do not show what motions were made or passed upon. The report of the committee was read, and a motion to adopt it was apparently lost. Some confusion followed and Rev. Griffin engaged Bishop Blanchet in a debate, with the view, as he has said, of committing him and his party to actual participation in the meeting. A division was then called for by Le Breton, and the demand was promptly seconded by Gray. Then Joe Meek called out: "Who's for a divide ? All in favor of the report follow me." The effect was mag- netic. Meek led to the right, followed by all who were in favor of organization, while those opposed stepped to the left. Among the former was Matthieu and Lucier, and when the two lines were counted it was found that there were fifty-two in favor of the report, and only fifty against it .* Then Meek swinging his hat shouted, "Three cheers for our side!" and they were given with a will. There was to be a provisional government for Oregon.
* The following list of the fifty-two who voted for the provisional govern- ment has been compiled by George H. Himes, secretary of the Oregon Historical Society, with the assistance of F. X. Matthieu : Dr. Ira L. Babcock, Dr. W. H. Willson, G. W. LeBreton, W. H. Gray, Joseph L. Meek, David Hill, Robert Shortess, Dr. Robert Newell, Reuben Lewis, Amos Cook, Caleb Wilkins, Hugh Burns, Francis Fletcher, Sidney W. Smith, Alanson Beers, T. J. Hubbard, James O'Neil, Robert Moore, W. P. Doughty, L. H. Judson, A. T. Smith, J. C. Bridges, Rev. Gustavus Hines, Rev. David Leslie, John Howard, William McCarty, Charles Mckay, Rev. J. S. Griffin, George Gay, George W. Ebberts.
275
OF AN AMERICAN STATE
Having decided to organize, the meeting immediately proceeded to elect officers. A. E. Wilson was chosen judge; G. W. Le Breton, clerk; J. L. Meek, sheriff; W. H. Wilson, treasurer, and a number of minor officers were named. Then a legislative committee composed of David Hill, Robert Shortess, Robert Newell, Alanson Beers, T. J. Hubbard, W. H. Gray, James O'Neil, Robert Moore and W. P. Doughty was appointed. This committee was really charged with the duty of determining the character of the new government, and providing it with a constitution. Two of its members had come to the country with Wyeth in 1834, two with Farnham in 1840-41, two were mission- aries, and two had been trappers in the Rocky Moun- tains. They were not experienced lawmakers, but the work they did put the new government on its feet, and it learned to walk as it had occasion.
The first meetings of this committee were held in the granary of the Methodist mission. Each session was opened with prayer. After deliberating for two days, it adjourned to meet again on the last Thursday in June, for it was required to have its report ready to submit to another general meeting on July 5th, and its deliberations had been limited to six days. The simple code, or formula, it was expected to devise was easily agreed upon in all respects save one, and that was the same one that other organizers of popular government had found most perplexing. There were some members of the committee who feared an executive-hoping
Rev. J. L. Parrish, Rev. Harvey Clarke, Charles Campo, Dr. W. J. Bailey, Allen Davy, Joseph Holman, John (Edmunds) Pickernel, Joseph Gale, Russell Osborn, David Weston, William Johnson, Webley Haux- hurst, William Cannon, Medorem Crawford, John L. Morrison, P. M. Armstrong, Calvin Tibbetts, J. R. Robb, Solomon Smith, A. E. Wilson, F. X. Matthieu, Etienne Lucier.
276
THE RISE AND PROGRESS
apparently, as others had hoped, that good laws, when made, would somehow enforce themselves. They compromised finally, as others had compromised, by agreeing upon an executive committee, and the result was, as it always had been before, that the committee proved a failure, and had to give way finally to a single governor.
Rev. Gustavus Hines presided at the meeting on July 5, Dr. Babcock being absent. The executive feature of the report was most debated, but a majority of those present were finally convinced that some executive authority was necessary : the committee plan was approved, and Alanson Beers, David Hill and Joseph Gale were appointed.
A code of laws was adopted for the government of the com- munity "until such time as the United States shall extend their jurisdiction over us." This shows that the American element was completely in control, though some of the Cana- dians, including Matthieu, were present. The settled coun- try was divided into four districts, which number might be increased as occasion required, and from these the repre- sentatives were to be elected. No law was to be made affect- ing the right of any person to worship God according to such form as he preferred; all should be entitled to the writ of habeas corpus, to trial by jury, and to proportionate repre- sentation; all offences, except capital ones, where proof was evident or presumption great, were to be bailable; fines should be moderate; cruel and unusual punishments were prohibited; no man should be deprived of life, liberty or property without due process of law; property taken for public use should be paid for, and no law should abrogate private contracts, if made in good faith. Indeed nearly all of the first ten amendments to the Constitution of the United States were made part of this organic law for "Oregon
277
OF AN AMERICAN STATE
territory," as it was now for the first time designated. Then this from the ordinance of 1787 was incorporated : "There shall be neither slavery nor involuntary servitude in said territory, otherwise than for the punishment of crime, whereof the party shall have first been duly convicted."
The temporary officers were to hold their places until a general election should be held in May 1844. "Every free white male descendant of a white man, over twenty-one years of age," who was an inhabitant at the time of the organization of the government, and "all emigrants of such description, after six months residence," should be entitled to vote.
The legislative power was vested in a committee of nine members, apportioned among the districts. The judicial power was vested in a supreme court, composed of a supreme judge and two justices of the peace; a probate court and a justice court, and the jurisdiction of each was defined.
Funds to support this government were to be raised by voluntary subscription.
The laws of Iowa were adopted as a whole, and in addition special laws fixing the age at which marriage was to be per- mitted, and making sixty pounds a bushel of wheat, were adopted. The last named act was a matter of no small importance, since the bushel of wheat was at that time the standard of value in Oregon. A land law was also enacted. It was based on the Linn bill, which it was confidently be- lieved would ultimately become law. It allowed no individual to claim more than one square mile, nor more than one claim at the same time; nor to hold such claim upon town sites or water powers; but this was not to affect claims of any mission of a religious character, of an extent not more than six miles square, and already taken when this law was adopted.
278
THE RISE AND PROGRESS
This act was evidently aimed at Dr. McLoughlin, who had long previously laid claim to a large tract of land at the falls of the Willamette, and who was also trying to hold two other claims in other parts of the valley.
The provisional government of Oregon thus organized controlled the new territory until all questions of title to it had been decided, and a government for it had been pro- vided by Congress. In the language of Elwood Evans, "it is the monument of the wisdom of the Oregon pioneers, the proof of their sagacity. It was the only means to neutral- ize an influence against which it could not have successfully contended, which, while it was paramount, retarded progress and defeated American enterprise." Mr. Harvey W. Scott has said this of the men who created it: "The results of their work remain; and what we must regard as a thing of high significance is the fact that they well understood that they were laying the foundations of a state. In what they did here that day there was a clear premonition to them, that it was a work for unborn ages. The instinct for making states, an instinct that so strongly characterizes that portion of the human race that has created the United States of America, never had clearer manifestation, or a more vigorous assertion."
Early in their efforts, the settlers had sent an invitation to the authorities at Vancouver, asking them to join in the movement to organize a government for the general protec- tion, but the officers replied, explaining that they had no need of protection, other than that which they already provided for themselves. It possibly seemed a little pre- posterous to them to find the people whom they had so recently saved from starvation now tendering offers of protection to their rich and powerful company, which
279
OF AN AMERICAN STATE
had ruled the country for nearly twenty years. But the offer was less presumptious than it may have seemed. When the offer was made again it was accepted.
On the fourth of March, in the year following, an affray occurred at Willamette Falls, now beginning to be called Oregon City, in which two white men were killed by a party of Indians. One of the victims was Le Breton, the clerk of the provisional government, a young man who was very popular in the community; the other was an inoffensive citizen named Rogers, who was at work in the vicinity, and taking no part in the disturbance. Le Breton had at- tempted to arrest the leader of the Indian party, who was named Cockstock, and was stabbed; Rogers was shot with an arrow, which at the time was supposed to be poisoned. Cockstock was killed on the spot by a bystander, who dashed his brains out with a gun barrel. The affray caused intense excitement among both whites and Indians. Meas- ures were immediately set on foot to organize for defense. A meeting was held and a militia company of twenty-five members, called the Oregon Rangers, was promptly organ- ized, with T. D. Kaiser as captain. The officers were commissioned by the provisional government, and provi- sion was made for paying the men while in actual service. But the excitement soon subsided. It was found that the Indians were not meditating an uprising, but that the whole disturbance had grown out of a disagreement between Cock- stock and a settler who had hired him to clear some land, and that it probably never would have led to anything more serious, if Subagent White had not interfered, and offered a reward for Cockstock's arrest.
When the time for the first election arrived, in May 1844, the number of the settlers had been very largely increased.
280
THE RISE AND PROGRESS
It is believed that they did not number more than one hun- dred and thirty-seven when the provisional government was organized .* The emigration of 1843 probably amounted to more than eight hundred, and nearly all of the emigrants had come to the Willamette. Among them were Peter H. Burnett, M. M. McCarver and A. Lawrence Lovejoy, who had first crossed the plains in 1842, and made the long winter ride with Whitman, returning in the following year. These three together with David Hill, M. Gilmore, Robert Newell, Daniel Waldo and F. D. Kaiser were chosen as the legis- lative committee, and when they met and organized in June, McCarver was elected speaker. Peter G. Stewart, Osborn Russel and William J. Bailey were named as the executive committee.
So far the government had been supported by private sub- scription, but this was no longer practicable. No govern- ment can long subsist without authority to raise a revenue, and this fact was soon recognized, both by the officers of the provisional government and the people. A plan for a system of taxation was therefore prepared and submitted to the people, by whom it was approved. The cumber- some executive committee was by this time found to be very undesirable, and the organic law was accordingly amended by substituting a governor, with the usual power of veto, and he was to hold office for two years. The legislative committee was superseded by a house of representatives, to consist of not less than thirteen, nor more than sixty-one members. This house was to appoint the supreme judge.
Another session of the legislative body was held in Decem- ber, and two measures were passed, which were the subject
* Address by Harvey W. Scott at the unveiling of the monument at Champoeg, May 2, 1901.
GEORGE ABERNETHY.
The first governor of Oregon under the provisional government, was born at Aberdeen, Scotland, in 1807. His family removed to the United States soon after he was born, and settled in New York. He came to Oregon with-a large missionary party by the ship Lausanne, in 1840, and was chosen governor in 1845, When the provisional was superseded by a territorial government, he engaged in mercantile and other pur- suits, in which he was generally successful for a time, but lost a large part of his property before he died in 1877-
290
THE RISE AND PROGRESS УНТАЛЯЯДА ДЛЯОСА
roli ni .bristtool nosbiedA js nod asw tommyvoy unal government was 19tts 1002 29ts12 botinU odt 10f Bsvomet ylimist ath
of emso H .HOY well ni beitiffany mod bew amounted gida ont vd Ytisq VISnoizzin 98 and ness diw gomigrants ,
ni beib od stoled vrisqorg allt to fisq sgist's teol Jud
long winter
mining in the following y.ffgr These
Hill, M. Gilmore, Robert Newell,
D) Kaiser were chosen as the legis- Wir comes and when they met and organized in June, MC wo. wal speaker Peter G. Stewart, Osborn Rod by 6 m J Bailey were named as the executive
Nu lze ib ms moment bol been supported by private sub- scription, los cx was no longer practicable. No govern- ment our før moet wwwwww) authority to raise a revenue, and aki futt . co megagocced, both by the officers of the provisionil purmoment and the people. A plan for a wystems of taxxovn was therefore prepared and submitted mo the people by when it was approved The cumber- torre executive pommiers wir by this time found to be very undesirable, and the wreunic law wan accordingly amended hy substituting . powero.o. - do rtw wwual power of veto,
The legislative amimitre was supersound In a house of representatives, to consist of not Jami than thipwo, @ more than sixty-one order. This house way os opgeunt the supreme judge.
Anorlorr emmoon of the legodati e body was held in Decem- das, and two measures were nawed, which were the subject
.XU-by Muevey W. Scott at Se woveiling of the monument at
281
OF AN AMERICAN STATE
of much comment in succeeding years, and one of them was more or less of a political issue at all elections under the provisional government. This was a prohibitory law for- bidding the manufacture or sale of ardent spirits under heavy penalities. The other forbade the residence of any negro in Oregon. It provided that any negro slave brought into the country should in the course of three years become free; any free negro or mulatto coming to the country should leave within two years; if he (or she) failed to leave after notice, he should be whipped on the bare back with not less than twenty, nor more than thirty-nine, stripes; and flogged likewise every six months until he did leave. In the next session the flogging sections were repealed, a bond for good behavior being substituted.
It having been decided that the executive committee should be replaced by a governor, a spirited canvass for the office soon began. A nominating convention was held at Cham- poeg, at which A. L. Lovejoy, Osborne Russel and George Abernethy appeared as candidates. Lovejoy won the nomi- nation, but Russel's friends united with those of Abernethy in the campaign, and the latter was elected by a majority of ninety-eight, in a total vote of five hundred and four. For the first time the Canadian settlers appeared at the polls, and they had a candidate of their own-Francis Ermatinger, of the Hudson's Bay Company-who was elected treasurer by a majority of fifty-four. Dr. J. E. Long was elected clerk and recorder; J. W. Nesmith, not yet twenty-five years old, supreme judge; Marcus Ford, attorney; the ever popu- lar Joseph L. Meek, sheriff; and for legislative members, H. A. G. Lee, W. H. Gray, H. Straight, R. Newell, J. M. Garrison, M. G. Foisy, Barton Lee, M. M. McCarver, J. W.
282
THE RISE AND PROGRESS
Smith, David Hill, Jesse Applegate, A. Hendrick, and John McClure.
Certificate of election was issued to Abernethy June 12, 1845.
At the suggestion of Jesse Applegate the new legislature made a very important change in the form of the oath of office, which all the officers were to take and subscribe before entering upon their duties. As amended this oath was as follows: "I do solemnly swear that I will support the organic laws of the Provisional Government of Oregon, so far as 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." The object of this change was to make it possible for the Canadians, as well as the Americans, to have a part in the government, and the hope was that the chief factor and his associates at the fort would join with the American settlers, and so make a government for all-in which all should have a part, and all would equally help to support. By this, more than by any other act, the founders of this experiment in government displayed their wisdom and toleration. Few in numbers, remote from any other civilized community, they needed the support, moral as well as financial, of the Hudson's Bay officers and their people. Their active opposition might be fatal to their enterprise; their indifference in any emer- gency, such as might arise-such as in fact did arise-might be very embarrassing. By thus opening the way for them to take part in, and perhaps secure the protection of, the new government, its organizers showed their own dis- interestedness, and the sincerity of their intentions, and events proved that they made the opening at a very oppor- tune time.
283
OF AN AMERICAN STATE
There was still a small minority among the American settlers who held to the idea of an independent government. They were discouraged by the failure of Congress to act in their behalf, and that of the country. They were so far away that it might never send them any protection that would be adequate to their needs. They still held literally to the belief that "all governments derive their just powers from the consent of the governed," and argued that if they con- sented to an independent government it would be as legiti- mate as any. But the majority held faithfully to their original plan for "a government based on republican ideas, cultivating American thought, and limited in its duration to such time as the United States should embrace the terri- tory within its jurisdiction." They were wise in their day and generation.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.