# History of Oregon (Bancroft)/Volume 1/Chapter 12

CHAPTER XII.
ORGANIZATION OF THE PROVISIONAL GOVERNMENT.
1843.
I have already mentioned that as early as 1838 the Methodist Missions furnished the colonists with a magistrate and constable, not so much because the services of those officers were needed as because the Americans were determined not to be behind the British fur company in the exercise of civil jurisdiction. The arrival of the great missionary reënforcement of 1840, by increasing the colony, made it apparent that some form of government would sooner or later be necessary. Still such quiet and good order had hitherto prevailed, that it is difficult to say how long the attempt to institute even a primitive form of government would have been postponed had not an unexpected event furnished particular occasion for it. This was the death of Ewing Young in the winter of ​1840–1. This audacious pioneer left a large property, to which there were no legal claimants or known heirs; and as there was no probate court, the administration of his estate became a perplexing question. Murder, theft, and whiskey-making might be managed without law, but property for which there was no owner—alas for the luck of it! The thrifty settlers could not see it go to waste. And so the needed excuse to those who were anxious for legislation was at hand, and without delay a committee of arrangements called a mass-meeting of the settlers to be held at the Methodist Mission the 17th and 18th of February, 1841.
The meeting on the 17th was composed chiefly of the members of the Mission, Jason Lee being chosen chairman, and Gustavus Hines secretary. The only business transacted was the passing of resolutions to elect a committee of seven to draught a code of laws for the government of the settlements south of the Columbia; to admit to the protection of those laws all settlers north of the Columbia not connected with the fur company; and the nomination of candidates for the several offices of governor, supreme judge with probate powers, three justices of the peace, three constables, three road commissioners, an attorney-general, a clerk of the courts and public recorder, a treasurer, and two overseers of the poor.
The second day's meeting being attended by the French and American settlers, the proceedings took a less sectional tone. To propitiate and to secure the coöperation of the Canadians were the aims of the leading Americans; as without them, or opposed by them, there would be difficulty in organizing a government. David Leslie being in the chair, with Sidney Smith and Hines as secretaries, the minutes of ​the previous meeting were presented, and accepted so far as choosing a committee to frame a constitution and code of laws was concerned. The committee named consisted of F. N. Blanchet, Jason Lee, David Donpierre, Gustavus Hines, Charlevon, Robert Moore, J. L. Parrish, Étienne Lucier, and William Johnson. The only one of the number who had any practical knowledge of legislation was Moore, and most of the others were probably ignorant of even the theory of law. By making Blanchet chairman of the committee, the Mission party hoped to secure the French Catholic influence, and harmonize sectarian difficulties, while the settlers were to be cajoled by the liberal bestowment of small offices.
It was found expedient to defer the election of a governor to a more convenient season, owing to the jealously of several missionary aspirants, and the opposition of the settlers to a governor from that party. This matter being settled, I. L. Babcock was chosen supreme judge with probate powers, George W. Le Breton clerk of the courts and public recorder, William Johnson high sheriff, and Zavier Ladaroot, Pierre Billique, and William McCarty constables. A resolution was then passed that until the code of laws should be draughted, Judge Babcock should be "instructed to act according to the laws of the state of New York." The convention then adjourned to meet again on the 7th of June at St Pauls.
But when that day arrived, and the people were gathered to hear the report of the committee on constitution and laws, it was found that no report had been prepared, as Blanchet had not called that body together, and that he now desired to be excused from serving as chairman. This request being granted, W. J. Bailey was chosen in his place, and the committee were instructed to meet on the first Monday of August for the transaction of business, and to report to ​an adjourned session of the convention on the first Thursday in October. In the mean time they were advised to confer with the commander of the United States exploring expedition, then in the Columbia River, and with John McLoughlin of Fort Vancouver. Resolutions were then passed rescinding the nominations made at the previous meeting, and instructing the committee on constitution and laws to "take into consideration the number and kind of offices it will be necessary to create in accordance with their constitution and code." The report of the nominating committee was to be referred to the legislative committee. An adjournment was then taken to the October meeting at the Methodist Mission.
The withdrawal of Blanchet from the chairmanship of the legislative committee was taken, as was probably intended, to signify that the Canadians would take no part in the organization of a government; hence the rescinding of the nominations embracing a number of their names. This revived the discussion as to the necessity of a governor, and in fact threw many difficulties in the way of the scheme for an organization. Moreover, some of the most influential persons in the country and some of the members of the legislative committee were opposed to the idea of a government so long as peace and harmony existed without it.
Besides this formidable opposition, Wilkes, on being consulted, condemned the scheme, on the grounds that only a small minority of the inhabitants desired to establish a government, that laws were not necessary, that they would be a poor substitute for the moral code they all followed, that there would be great difficulty in enforcing them within any definite limits, ​that the majority of the population being Catholics, they would elect their officers, which would be displeasing to the Protestants, and that an unfavorable impression would be produced in the United States concerning the influence of missions which were obliged to resort to a criminal code.
Finding themselves baffled at every turn, but encouraged to believe that the United States government would soon extend its jurisdiction over them, the missionary party now reluctantly consented to let drop their political scheme for the present, and for a year there was no more agitation of the subject of an established form of government in Oregon.
The arrival of White in 1842, with the commission of sub-Indian agent and a provisional claim on the governorship of the colony, stirred afresh the advocates of legislation. The idea of White becoming the civil head of the community was intolerable, but on the other hand, the fact that he was indirectly recommended for that position by the United States government was a great point in his favor; so, with characteristic discretion, the missionary party quietly used their influence to snub his pretensions without openly working against him, and by this course succeeded, as we have seen, in confining his authority to the management of Indian affairs.
But though the mass of the colonists appeared to be satisfied with the existing state of things, the advocates of a temporary government continued to agitate the question during the winter of 1842–3, discussing it in a debating society said to have been established in Oregon City for no other purpose.
​The question of establishing an independent government for Oregon was also discussed by this body. The scheme is said to have been favored by McLoughlin, and openly advocated by several influential American colonists. Hastings went so far as to offer a resolution in favor of the plan, but George Abernethy, then residing in Oregon City, met this with another, to the effect that: "If the United States extends its jurisdiction over this country, within four years it will not be expedient to form an independent government." This resolution was warmly discussed and finally carried.
In the autumn of 1842 overtures were again made to the Canadians to assist in forming a temporary government, and meetings to consider the matter were held at French Prairie. But the Canadians declined, presumably by the advice of McLoughlin and their spiritual adviser, Blanchet. The position of the former at this juncture was embarrassing. It was evident that some form of political legislation must before long grow out of the persistent consideration of the subject. To aid or countenance the establishment of a government owing exclusive allegiance to the United States would be disloyal to his country and to the interests of the company. An independent government would be preferable to this, though there ​was danger that such an organization, being American, might enact laws depriving him of his property rights south of the Columbia. Plainly the most prudent course he could follow was to avoid the issue if possible until the two governments claiming jurisdiction had settled the matter. It was with this end in view that he, directly or indirectly, influenced the Canadians to reject the overtures of the American settlers. This they did in a formal reply, evidently prepared by Blanchet, which though written in very imperfect English, sufficiently explains the views of the French settlers. They professed cordial sentiments toward the Americans and the gentlemen who had invited them to participate in forming a government, and declared that they were in favor of certain regulations for the protection of persons and property, and were willing to yield obedience to the officers chosen at the meeting of February 18, 1841, although they did not approve of all their measures. They declined to address a petition to the United States, as solicited, until the boundary should be established. They were opposed to the land law in contemplation by the supporters of the government scheme, because they had no guaranty that all would not be changed by the succeeding government. They objected to a provisional form of government as being cumbersome instead of helpful to the colony. Men of laws and science, they said, were still few in the country, and had enough to do without legislating.
​They proposed, however, that a council or senate be chosen for the judgment of offenses, except capital ones, and to make suitable regulations for the people; that the council be elected and composed of members from all parts of the country to constitute a parliament, the president of the council and another member being empowered to act as justices of the peace in each county, with the privilege on the part of the people to appeal causes to the whole council. The members, they said, should be influenced by a desire for the public good, and not for their own gain. Taxation they pronounced inexpedient, and especially onerous to new arrivals in the colony; and they would not consent to be taxed. As to militia, they declared it needless, and the occasion of suspicion to the natives, as well as a hinderance to necessary labor and an expense to the people. The country, they contended, was open to all nations, until its sovereignty should be determined, and people might settle in it without being called upon to declare to what government they would give allegiance in the future. They desired to be in unison with all respectable citizens, or else to be left free to make such regulations as appeared most necessary to themselves, until the coming of some lawful authority, to which they would cheerfully submit. While they did not forget that some laws might be profitably adopted even then, they held that the more laws there were the greater the opportunity for roguery and for subsequent changes which might not be profitable. Besides, in a new country the more men employed and paid by the public the fewer remained for industry. The address concluded with the assurance that none could be more desirous of the peace, prosperity, and liberties of the colony than themselves, and with good wishes for "all those who are or may become our fellow-countrymen."
​Although McLoughlin had taken no open part in these proceedings, he was naturally and rightly supposed by the rebuked and offended originators of the provisional government idea to be responsible for the attitude taken by the French settlers, and a feeling of hatred toward him had much to do with the drawing-up of the Shortess–Abernethy petition, the history of which has already been given.
Meetings were likewise held in other parts of the colony; one at the Oregon Institute, where Gray resided, being ostensibly called for the purpose of devising means of protecting the herds of the country from wild animals, but really as a device by which the settlers, French and American, might be brought together, and the plan of a provisional government broached. The minutes of the meeting occupy less than half a page, the only business accomplished being the appointing by Babcock, the chairman, of a committee of six, to give notice of a general meeting to be held at the house of Joseph Gervais on Monday the 6th of March.
​Gervais had always been the active helper and friend of the Methodist Mission, of which he was a sort of lay member; and it was customary to hold meetings of a religious or secular nature at his house, which was a convenient centre of business for the settlers, about half-way between Salem and Champoeg. As almost every settler had suffered from the ravages of wild beasts, the meeting was fully attended. James O'Neil was chosen chairman, and George W. Le Breton secretary. The business for which the people had come together was conducted to a satisfactory conclusion; a bounty being fixed for every species of animal killed. A committee was appointed to receive the proofs, a treasurer chosen, and regulations were established. The association thus formed was known as the 'Wolf Organization,' and was what it purported to be, a measure for the protection of domestic animals.
At the close of the day's business a resolution was offered and passed, "that a committee be appointed to take into consideration the propriety of taking measures for the civil and military protection of this colony," and another that it should consist of twelve persons, who were accordingly chosen. The choice of the meeting fell on I. L. Babcock, Elijah White, James O'Neil, Robert Shortess, Robert Newell, Étienne Lucier, Joseph Gervais, Thomas J. Hubbard, W. H. Gray, Sidney Smith, and George Gay. The passage of this resolution was brought about by considerable manœuvring, Le Breton and Smith being previously employed to ascertain who could be relied upon to support it. Moreover it is hinted that certain men, notably the clergy, were absent through prearrangement, lest their presence should alarm the settlers, who were not in favor of a government by the missionaries. ​The caution used not to provoke opposition as apparent in the wording of the resolution itself, which only proposes to consider the propriety of taking measures. But the committee, or those of them who were managing the business under the direction of the Mission, held stated meetings, at which they discussed more than anything else the question of how to make a governor, and whom to place in that position. They also drew up a report which was an acceptance of a form of provisional government, and a list of the officers they proposed to the people to elect. In the mean time the subject was skilfully agitated among the settlers, French and American, who were convinced that an organization was inevitable, and taught to believe that unless they would be ruled entirely by the missionary class, they must take the matter of the proposed government into their own hands. Among other arguments urged was the attitude of the natives in the interior, the need of a military organization, and the benefit to be derived from having a land law. These were the ruling motives with the American settlers; but that they did not influence the Canadians to any great extent, their ​formal address is evidence. However, if there was to be a government, the latter wished to share its benefits, and anxiously conferred on the subject among themselves. The time being now ripe for action, the committee called a mass-meeting, to be held on the 2d of May at Champoeg, to hear their report.
On the appointed day, about an equal number of French and American settlers being assembled, the meeting was organized in the open air by the election of Ira L. Babcock as president, and Le Breton, Gray, and Willson as secretaries. The report of the committee was then read, and of course proved to be in favor of a political organization, to continue in force until the United States should establish a territorial government. This, on a motion to accept, was thought to be rejected on the first vote, when considerable confusion followed, occasioned by the speaker being unable to determine on which side was the majority. The ayes and noes being called for, there was still a doubt, when Le Breton moved that the meeting divide in order to be counted. Gray seconded the motion, and the order was given for those in favor of organization to file to the right, while the opposite party took the left.
The first to step to the right was Joseph L. Meek, his splendid figure clad in the ragged habiliments common to the improvident mountain men. With a sparkling eye, a voice of command, and the air of a major-general, the hero of many wild adventures in the Rocky Mountains stepped to a niche in history as he strode to his position, crying out, "Who's for a divide! All in favor of the report and of an organization follow me!"
Meek could always influence his comrades, and several took their places in his column, but half an hour elapsed, with some sharp remarks on both sides, ​before the count could be taken. When every man had at length decided, it was found that a small majority was in favor of organizing a temporary government. Not quite half the Americans voted for the organization, and but for the aid of a few Canadians who were friendly to the missionaries, the victory would have been on the other side.
The dissenters having withdrawn, the report of the committee was taken up and disposed of, article by article. The result of the proceedings was the election upon the spot of the following officers: A. E. Wilson, supreme judge with probate powers; G. W. Le Breton, clerk of the court, or recorder; J. L. Meek, sheriff; W. H. Willson, treasurer; Hugh Burns, L. H Judson, Charles Campo, and A. T. Smith, magistrates; G. W. Ebberts, Reuben Lewis, J. C. Bridges, and F. X. Matthieu, constables ; John Howard, major; Wm McCarty, C. McBoy, and Sidney Smith, captains; David Hill, Robert Shortess, Robert Newell, Alanson Beers, Thomas J. Hubbard, W.H. Gray, James O'Neil, Robert Moore, and Wm M. Doty, were chosen to constitute a legislative committee, whose duty it was to draught a code of laws for the government of the colony. The legislative committee were required to complete their work in six days, and had their salaries fixed at a dollar and a quarter a day, the money to be raised by subscription. The 5th of July was appointed for receiving the report of the committee.
The object for which so much striving and scheming had been carried on for two years was at last accomplished. The people had consented to a provisional government. By judiciously keeping out of sight ​the cost of the experiment, by yielding the point of taxes, and promising to get along without a governor, the missionary party had won the day. It was only, however, by encouraging the settlers to believe that it was their own government that this success was secured. J. S. Griffin was suggested as a member of the legislative committee, but his nomination was opposed on the ground that clergymen should have nothing to do with making secular laws, as their calling disqualified them from fully comprehending the wants of the community. They had been tried and found wanting. They had thus far controlled the affairs of the colony, but failed of the objects of government, which were the protection of the people.
The legislative committee held their sessions on the 16th, 17th, 18th, and 19th of May, and the 27th and 28th of June, Moore acting as chairman, and Le Breton as clerk. Their deliberations were carried on with open doors, in an unoccupied granary belonging to the old Mission. Few of them had any experience in legislation, and few books on law existed in the country. Moore, the chairman, and Shortess were better informed than their colleagues, though Gray, Newell, Hill, and O'Neil were active in suggesting what ought to be done. Gray, Shortess, and Newell prepared the rules for the business of the house, which were adopted. The following committees were then appointed: judiciary, Beers, Hubbard, and Shortess; ways and means, Shortess, O'Neil, and Doty; military affairs, Hubbard, Newell, and Gray; land claims, Shortess, Doty, and Hill. A committee on the division of the country into districts, consisting of Gray, Doty, and Beers, was also formed. This completed the labors of the first day. Of the deliberations of the legislative body only the barest skeleton is in existence. Newell relates that Gray wished the speeches taken down by the clerk, and advocated ​a movement to declare Oregon independent of the United States, a measure which Newell opposed in another speech, and which was defeated by one vote. On the other hand, Gray relates that Newell offered a resolution that a committee be appointed to prepare a paper for the signatures of all persons wishing an organization, as if he still doubted the will of the people on the subject. Perhaps this resolution was intended to settle the question of an independent government.
However these forensic contests may have originated or been supported, the work progressed well and was completed in the prescribed time. The judiciary committee, which was embodied in Shortess, finished the organic laws; the other committees performed their work, and the whole was submitted to the people on the 5th of July at Champoeg. Among the usual exercises on the 4th was an oration delivered by Hines, who, while dwelling on the glorious deeds of the founders of the republic of the United States, was careful, in view of the work to be done on the morrow, to avoid offending the proper pride of the other nationalities present.
At an early hour on the 5th the meeting was opened. In the absence of Babcock, chairman of the meeting of May 2d, Hines was called to preside; Robert Moore, chairman of the legislative committee, then presented his report, which being read by the clerk, Le Breton, was accepted, and the adoption of article after article begun.
​The minutes of the meeting show that a son of John McLoughlin named Joseph McLoughlin, who lived on a farm in the Willamette Valley , moved the adoption of Article I., L. H. Judson, of Article II., ​C. McRoy, of Article III., and Joseph Holman, of Article IV., showing that the adoption of a government did not depend entirely on the Americans.
The subject of an executive had troubled the legislative committee not a little. It was necessary to ​have such a head, yet they were instructed by the people against it, and against taxation for the support of a government. They had evaded the issue by recommending to the public the appointment of an executive committee of three, which plan was finally adopted, but not without considerable discussion and amendment.
​The question of government expenses was met by a subscription, pledging the signers to pay annually certain sums affixed to their names, provided the subscriber might withdraw his name on paying arrearages and notifying the treasurer. The country was divided into four districts, the first to be called Twality district, comprising all the country south of the northern boundary line of the United States west of the Willamette or Multnomah River, north of the Yamhill River, and east of the Pacific Ocean. The second was Yamhill district, and embraced all the country west of the Willamette or Multnomah River, and a line running north and south from said river south of the Yamhill River to 42° north latitude, or the boundary line of the United States and California, and east of the Pacific Ocean. The third, Clackamas district, comprehended all the territory not included in the other three districts. The fourth, or Champooick district, was bounded on the north by a line supposed to be drawn from the mouth of the Anchiyoke River running due east to the Rocky Mountains, west by the Willamette or Multnomah River, and a supposed line running due south from said river to the 42d parallel, south by the northern boundary line of California, and east by the summit of the Rocky Mountains. Collectively, these districts were to be designated Oregon Territory.
The military law provided that there should be one battalion of militia in the territory, divided into three or more companies of mounted riflemen. This law contained nothing deserving of comment, except in its tenth and last article, which made the militia, "with the advice and consent of the executive committee, subject to the call of the authorized agents of the United States government, until troops should be sent to support the same;" which meant that with the consent of the executive committee, White might ​call on the military companies to put down uprisings among the natives. The manner in which White and the soldiers used their authority has been given in a previous chapter.
The law of land claims, the most important of all to the original agitators of a provisional government, required that the claimant should designate the boundaries of his land, and have the same recorded in the office of the territorial recorder, in a book kept for that purpose, within twenty days from the time of making his claim; unless he should be already in possession of a claim, when he should be allowed a year for recording a description of his land. It was also required that improvements should be made, by building or enclosing, within six months, and that the claimant should reside on the land within a year after recording. No individual was allowed to hold a claim of more than one square mile, or six hundred and forty acres in a square or oblong form, according to natural surroundings, or to hold more than one claim at one time; but having complied with these ordinances, he was entitled to the same recourse against trespass as in other cases provided by law.
The fourth and last article of the land law forbade all persons to hold claims upon city or town sites, extensive water privileges, or other situations necessary for the transaction of mercantile or manufacturing operations. Like all the important acts of the legislative committee, the land law was the work of Shortess, who was, at this period of his history, in close sympathy with the Methodist Mission. The fourth article was directly designed to take from John McLoughlin his claim at Oregon City, but when the motion was put to adopt the law as a whole, there arose considerable argument, the Mission having also laid claim to a portion of the land at Oregon City, and having erected mills on the island at the falls. In order to quiet this discussion and satisfy the Mission, a proviso was proposed "that nothing in these ​laws shall be so construed as to affect any claim of any mission of a religious character, made previous to this time, of an extent not more than six miles square."
The reports of the various committees having been adopted, Jason Lee, Harvey Clark, and David Leslie were chosen a committee to draught and administer an oath of office to the persons elected on the 2d of May, and to the supreme judge, who should thereafter qualify all civil and military officers elected by the people. Burns having resigned his office as justice of the peace, Moore was chosen in his place. James O'Neil was also chosen justice of the peace for Yamhill district, and Amos Cook constable. Joel Turnham was elected constable for Champooick district, in place of Bridges, who had gone to California.
The choice of an executive committee was a matter of more moment, and the subject of active canvassing; it finally fell on David Hill, Alanson Beers, and Joseph Gale. None of these men had influence enough to be dangerous to the peace of the community; two belonged to the settler class, and the third was but a lay member of the Mission. The oath of office was administered the same day, by motion of the meeting, and thus the whole business of starting the machinery of the first government of Oregon was concluded.
With regard to the influence of the Methodist Mis​sion on the organization of a temporary government, the student of history can arrive at but one conclusion. The first object of the Missions was to secure large tracts of land. Having made their choice, finding the United States government slow to act in the matter of boundary and title, and fearing the encroachment of immigrants who might dispute with them their right to a land monopoly in certain localities, it was their only recourse to secure the establishment of a temporary government, or even an independent one, which should confirm by law the claims already taken or that might be taken under the law. It was not their policy to seem to be more anxious than other men, but rather to strive to make the settlers anxious about their welfare, and to use them to promote their own ends.
The scheme of government framed by the legislative committee of 1843 had a political significance imparted to it by Robert Shortess, which was not comprehended by the majority of American settlers who voted for it. By making its basis the ordinance of 1787, passed by congress for the government of the territories north of the Ohio River, besides its other excellent provisions, it was intended to settle the question of slavery west of the Rocky Mountains, as had been done in the north-western states. Also by extending jurisdiction over the whole of Oregon up to the time the United States should take possession of the country, the right of Great Britain to any part of it was ignored—a step in advance of the position publicly taken at this time by the government itself.
It is doubtful if, when all was done, the British residents of the territory, even McLoughlin himself, fully recognized the importance of what had taken place. This was the mistake which he often made in regard to American enterprises. He was slow ​to learn the difference between men trained to subserviency, and the quick reasoning and alert independence of the Americans, who though sometimes dressed in skins possessed the faculty of making themselves masters of whatsoever destiny fortune laid upon them.
* ↑ Up to this time the only serious crime that had been committed was the murder of McKay by some Indians at the Hudson's Bay Company's fishery at Pillar Rock, on the lower Columbia, Aug. 16, 1840. A party from Fort Nisqually shot one of the murderers and captured another. The latter was tried, convicted, and hanged at Astoria on the 29th, and in the presence and with the aid of a great number of settlers. Lee and Frost's Or., 274; Tolmie's Puget Sound, MS., 8, 9; Fitzgerald's H. B. Co. and Vanc. Isl., 174.
* ↑ According to Hines, the committee of arrangements was chosen at Young's funeral. Oregon Hist., 418.
* ↑ In the proceedings of the first day's meeting, found in Oregon Archives, no mention is made of the men nominated; but from their number, seventeen, there must have been an officer to about every other American in the Mission colony. Two overseers of the poor sounds like irony.
* ↑ Hines' Oregon Hist., 419. At this time there was but one copy of the laws of the state of New York in the colony.
* ↑ William Johnson, who was the only one of the settler class not French on the committee, said that there was as yet 'no necessity for laws, lawyers, or magistrates.' Blanchet 'was of opinion that the number of settlers in the Willamette Valley would not warrant the establishment of a constitution, and as far as his people were concerned, there was no necessity for one, nor had he any knowledge of crime having been yet committed.' Wilkes' Nar., iv. 373–4.
* ↑ Gray, Hist. Or., 260, has confounded the 'Falls Association' with the Oregon Lyceum, and calls it the 'Multnomah Circulating Library,' a name not in use till long after. The library was not formed until January 1844. W. H. Rees, an immigrant of that year, relates that when the immigration of 1843 arrived, finding the people deprived of reading matter, having no newspapers and few books, there was formed at Oregon City the 'Pioneer Lyceum and Literary Club,' which met 'to discuss the whole round of literary and scientific pursuits.' The names on the roll of this club were John H. Couch, F. W. Pettygrove, J. M. Wair, A. L. Lovejoy, Jesse Applegate, S. W. Moss, Robert Newell, J. W. Nesmith, Ed. Otie, H. A. G. Lee, Fred. Prigg, C. E. Pickett, Wm C. Dement, Medorum Crawford, Hiram Straight, J. Wambaugh, Wm Gushing, Philip Foster, Ransom Clark, H. H. Hide, John G. Campbell, Theophilus Magruder, W. H. Rees, Mark Ford, Henry Saffron, Noyes Smith, Daniel Waldo, P. G. Stewart, Isaac W. Smith, Joseph Watt, Frank Ermatinger, A. E. Wilson, Jacob Hoover, S. M. Holderness, John Minto, Barton Lee, Gen. Husted, and John P. Brooks. C. E. Pickett was secretary of the club. Annual Address before the Oregon Pioneer Association, in Or. Pioneer Assoc., Trans., 1879, p. 27. See also S. W. Moss, in Pioneer Times, MS., 17, 18, where the 'Falls Debating Society' is spoken of. Applegate says the library was got together in the winter of 1843–4, and that he contributed The Federalist, and several scientific works. Marginal notes in Gray's Hist. Or., 269. No two authorities call the institution by the same name. The Oregon Spectator of April 16, 1846, calls it the Falls Association, but it was the fashion of the Methodists to speak of Oregon City as 'The Falls,' merely to discountenance McLoughlin's right to name the place. The proper name of the debating society of 1842 was the Oregon Lyceum.
* ↑ Abernethy's Letter, in Gray's Hist. Or., 269.
* ↑ The answer of the Canadians as it appears in the Oregon Archives, MS., is not dated; but it is addressed to 'The meeting at Champoeg, March 4, 1843,' which shows that there was an appointment for that date, when their answer was expected; and as, owing to the population being scattered over a large area, with slow and difficult modes of communication, it was the custom to make appointments months in advance, to allow time for the people to consider the matter proposed, and prepare their opinions, the invitation was probably given late in the previous year. McLoughlin says, in his Private Papers, MS., 2d ser. 7, that a formal proposition was made to the Canadian settlers in the spring of 1842, to unite with the Americans; but on comparing this with other authorities, I am convinced it was the autumn of 1842. Another evidence is, that the address of the Canadians refers to the 'measures taken last year,' which could only mean the choosing of a judge and other officers in 1841.
* ↑ Grover's Or. Archives, 14–15. Unfortunately for the perfect continuity of history, the Oregon Archives do not contain either the invitation which called out this answer, or the proceedings of the meeting at Champoeg of the 4th of March, to which it was addressed. Gray, Hist. Or., 273, says that he is sure address was not brought before any public meeting of the settlers. This suggests an explanation of the absence of records touching this portion of the proceedings of the missionaries, namely, that when they found these reasonable objections of the Canadians so well stated, they quietly suppressed their reply so that it might not affect the feeling of the American settlers, whom they had more hope of bringing over. A compilation of the public documents of the provisional government of Oregon was made in 1853 by Lafayette Grover, by order of the legislative assembly. Here is what Grover says about his work: In the 'preparation for publication of the Oregon Archives, the commissioner has met with many obstacles to the perfect success and early completion of the important work assigned him. Within the proper depository of the public papers he had not been able to find entire and satisfactory records of all that, he is satisfied, has transpired in Oregon of a public, general nature, and which would be of eminent historic importance. In this case, he has spared no pains to search out from other authentic and reliable resources all such information as would fill existing blanks or furnish sufficient explanation of seeming discrepancies and wants.' Preface to Grover's Or. Archives.
* ↑ 'When we came here the wolves ate up many horses—fourteen for one company. Cattle would fight them, but horses would run, and the wolves would run them down.' Waldo's Critiques, MS., 11. Parrish also remarks upon the loss of stock of every kind by panthers, wolves, and cougars. Or. Anecdotes, MS., 99. White speaks of being driven into a tree by wolves, and of being rescued by his wife and hired man. Ten Years in Or., 88–9.
* ↑ Applegate remarks: 'It is new to me that Gray was a prime mover in this matter.' Marginal notes in Hist. Or., 264.
* ↑ Some new names appear on the journal, J. C. Bridges, McRoy Torn, Barnaby, and Martin, though the latter may have been H. Martin who came to the country in 1840, and of whom not much is known. Bridges went to California with the immigrants of 1842, a few weeks later.
* ↑ W. H. Gray is responsible for these statements. In 1870 he published a History of Oregon from 1792 to 1849; a book of 624 pages; sold by subscription, in Portland, San Francisco, and New York. As a book of reference, when compared with other authorities, the work is valuable, containing many facts and important documents. It has, however, three faults—lack of arrangement, acrimonious partisanship, and disregard of truth. A notable instance of its mendacity is the dramatic account given of Whitman's visit to the United States, its cause and purpose, and the alleged instrumentality of Whitman in raising the emigration of 1843, almost the whole of which must be relegated to the domain of fiction. Gray had a popular style of writing, however, as is shown by the reluctance of the public to give him up as an authority even after fair examination by critics had shown him to be unreliable. He is charged by Robert Newell with resorting to his imagination in giving the history of the proceedings of the early provisional government. See Strictures on Gray, in Portland Democratic Herald, Oct. 1866, et seq., in which Newell repays with interest some of Gray's rather broad caricatures of him. Criticisms of Gray's History, on the ground of unfairness, may be found in the writings of several of his contemporaries, viz.: Moss' Pioneer Times, MS., 16, 17; Crawford's Missionaries, MS., 8; White's Early Government, MS., 40; Waldo's Critiques, MS., 4; Roberts' Recollections, MS., 17; Tolmie's Puget Sound, MS., 24-5; and in the writings of Evans, Victor, Strong, Blanchet, Burnett, and Applegate. As an exhibition of the feeling entertained by certain persons in Oregon 40 years ago, toward the subjects of Great Britain, and professors of the Catholic faith, it is striking, though perhaps somewhat overdrawn, and is all the more impressive in that the writer speaks as if those past days were still present to him.
* ↑ Evans' Newell's Strictures on Gray, p. 4—a compilation of Newell's articles in the Portland Democratic Herald, 1866.
* ↑ Burnett says that Meek wore a rich vest of white silk, while the remainder of his clothing was exceedingly shabby. Recollections of a Pioneer, 160.
* ↑ The journal in the archives says that there was a large majority. Gray says two; Newell, five. Gray also says that none of the Canadians present voted for the organization; but Newell names Gervais, Lucier Bilique, Bernier, Donpierre, and Latourette, who did so besides some others. Gervais and Lucier were on the committee, and could not have voted otherwise. It is probable, therefore, that Newell's account is correct J. L. Parrish, in his Or. Anecdotes, MS. admits that Latourette voted with those in favor of a government.
* ↑ Strong's Hist. Or., MS., 61.
* ↑ Evans' Newell's Strictures on Gray's Hist. Or., 6. If Gray did not advocate an independent government at this time, it is certain that there were those who did, as well among the Americans as the British subjects. See Hines' Oregon Hist., 422.
* ↑ Report of the legislative committee upon the judiciary. The legislative committee recommended that the following laws upon judiciary be accepted: 'Sec. I. We, the people of Oregon Territory, for 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. Be it therefore enacted, by the free citizens of Oregon Territory, that the said territory, for purposes of temporary government, be divided into not less than 3, nor more than 5, districts; subject to be extended to a greater number, when an increase of population shall require it. For the purpose of fixing the principles of civil and religious liberty, as the basis of all laws and constitutions of government that may hereafter be adopted. Be it enacted, that the following articles be considered as articles of compact, among the free citizens of this territory. 'Art. 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments. 'Art. 2. The inhabitants of said territory shall always be entitled to the benefits of the writ of habeas corpus, and trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings, according to the course of common law. All persons shall be bailable, unless for the capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate, and no cruel or unusual punishments inflicted. No man shall be deprived of his liberty but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And in the just preservation of the rights and property, it is understood and declared that no law ought ever to be made, or have force in said territory, that shall in any manner interfere with or affect private contracts, or engagements, bona fide, without fraud, previously formed. 'Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall be forever encouraged. The utmost good faith shall always be observed towards the Indians. Their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars, authorized by the representatives of the people; but laws founded in justice and humanity shall from time to time be made for preventing injustice being done to them, and for preserving peace and friendship with them. 'Art. 4. There shall be neither slavery nor involuntary servitude in said territory, otherwise than for the punishment of crimes whereof the party shall have been duly convicted. ' Sec. II., Art. 1. Be it enacted by the authority aforesaid, that the officers elected on the 2d of May, inst., shall continue in office until the second Tuesday in May 1844, and until others are elected and qualified. 'Art. 2. Be it further enacted, that an election of civil and military officers shall be held annually, on the second Tuesday in May, in the several districts of such places as shall be designated by law. 'Art. 3. Each officer heretofore elected, or hereafter to be elected, shall, before entering upon the duties of his office, take an oath or affirmation, to support the laws of the territory, and faithfully discharge the duties of his office. 'Art. 4. Every free male descendant of a white man of the age of 21 years and upwards, who shall have been an inhabitant of this territory at the time of its organization, shall be entitled to vote at the election of officers, civil and military, and be eligible to any office in the territory—provided, that all persons of the description entitled to vote by the provisions of this section, who shall have emigrated to this country after organization, shall be entitled to the rights of citizens after having resided 6 months in the territory. 'Art. 5. The executive power shall be vested in a committee of 3 persons, elected by the qualified voters at the annual election, who shall have power to grant pardons and reprieves for offences against the laws of the territory, to call out the military force of the territory to repel invasion, or suppress insurrection, to take care that the laws are faithfully executed, and to recommend such laws as they may consider necessary to the representatives of the people, for their action. Two members of the committee shall constitue a quorum to transact business. 'Art. 6. The legislative power shall be vested in a committee of 9 persons, who shall be elected by the qualified electors at the annual election, giving to each district a representation in ratio of its population, excluding Indians; and the said members of the committee shall reside in the district for which they shall be chosen. 'Art. 7. The judicial power shall be vested in a supreme court, consisting of a supreme judge and 2 justices of the peace. The jurisdiction of the supreme court shall be both appellate and original. That of the probate court and justices of the peace as limited by law—provided that individual justices of the peace shall not have jurisdiction of any matter of controversy when the title or boundary of land may be in dispute, or where the sum claimed exceeds $50. 'Art. 8. There shall be a recorder elected by the qualified electors, at the annual election, who shall keep a faithful record of the proceedings in the legislative committee, supreme and probate courts; also, record all boundaries of lands presented for that purpose; and all marks and brands used for marking live-stock; procure and keep the standard weights and measures required by law; seal weights and measures, and keep a record of the same; and also record wills and deeds, and other instruments of writing required by law to be recorded. The recorder shall receive the following fees, viz.: for recording wills, deeds, and other instruments of writing, 12 cents for every 100 words, and the same price for copies of the same; for every weight or measure sealed, 25 cents; for granting other official papers and the seal, 25 cents; for serving as clerk of the legislative committee, the same daily pay as the members of the legislature; and for all other services required of him by this act, the same fees as allowed for similar services by the laws of Iowa. 'Art. 9. There shall be a treasurer elected by the qualified electors of the territory, who shall, before entering upon the duties of his office, give bond to the executive committee, in the sum of $1,500 with 2 or more sufficient securities, to be approved by the executive committee, conditioned for the faithful discharge of the duties of his office. The treasurer shall receive all moneys belonging to the territory, that may be raised by contribution or otherwise, and shall procure suitable books in which he shall enter an account of his receipts and disbursements. 'Art. 10. The treasurer shall in no case pay money out of the treasury but according to law, and shall annually report to the legislative committee a true account of his receipts and disbursements, with necessary vouchers for the same, and shall deliver to his successor in office all books, money, accounts, or other property belonging to the territory, so soon as his successor shall become qualified. 'Art. 11. The treasurer shall receive for his services the sum of 5 per cent of all moneys received and paid out, according to law, and 3 per cent of all moneys in the treasury when he goes out of office, and 2 per cent upon the disbursement of money in the treasury when he comes into office. 'Art. 12. The laws of Iowa shall be the laws of this territory, in civil, military, and criminal cases, where not otherwise provided for, and where no statute of Iowa Territory applies, the principles of common law and equity shall govern. 'Art. 13. That the law of Iowa Territory regulating weights and measures shall be the law of this territory—provided, that the supreme court shall perform the duties of the county commissioners, and the recorder shall perform the duties of the clerk of the county commissioners, as prescribed in said laws of Iowa—and provided, that 60 pounds avoirdupois weight shall be the standard weight of a bushel of wheat, whether the same be more or less than 2,150 2–5 cubic inches. 'Art. 14. The laws of Iowa Territory respecting wills and administrations shall be the law of this territory, in all cases not otherwise provided for. 'Art. 15. The law of Iowa respecting vagrants is hereby adopted, as far as adapted to the circumstances of the citizens of Oregon. 'Art. 16. The supreme court shall hold two sessions annually, upon the third Tuesdays in April and September; the first session to be held at Champoeg, on the third Tuesday of September 1843, and the second session at Tualatin plains, on the third Tuesday of April 1844. At the sessions of the supreme court, the supreme judge shall preside, assisted by 2 justices—provided, that no justice shall assist in trying any case that has been brought before the court by appeal from his judgment. The supreme court shall have original jurisdiction in cases of treason, felony, or breaches of the peace, where the sum claimed exceeds $50. 'Art. 17. All male persons, of the age of 16 years and upwards, and all females of the age of 14 and upwards, shall have right in engaging in marriage, provided that where either of the parties shall be under the age of 21, the consent of the parents or guardians of such minors shall be necessary to the validity of such matrimonial engagement. Every ordained minister of the gospel, of any religious denomination, the supreme judge, and all justices of the peace, are hereby authorized to solemnize marriages according to law, to have the same recorded, and pay the recorder's fee. All marriages shall be recorded by the territorial recorder, within one month from the time of such marriage taking place and being made known to him officially. The legal fee for marriage shall be $1, and for recording the same 50 cents. 'Art. 18. All offices subsequently made shall be filled by election and ballot in the several districts, in the most central and convenient place in each district, upon the day appointed by law, and under such regulations as the laws of Iowa provide. 'Art. 19. Resolved, that a committee of 3 be appointed to draw up a digest of the doings of the people of this territory, with regard to an organization, and transmit the same to the United States government, for their information. Resolved, that the following portions of the laws of Iowa, as laid down in the statute laws of the territory of Iowa, enacted at the first session of the legislative assembly of said territory, held at Burlington, A. D. 1838–9; published by authority, Du Buque, Bussel, and Reeves, printers, 1839; certified to be a correct copy by William B. Conway, secretary of Iowa Territory—be adopted as the laws of this territory;' then follow the titles of the laws alphabetically arranged, with the pages where they are to be found in the above-described edition of the Laws of Iowa. Grover's Oregon Archives, 28–32; Hines' Oregon Hist., 426–31; Gray's Hist. Or., 353–7.
* ↑ This spelling of Champoeg was quite common in the early occupation of the Willamette Valley, as Twality was of Tualatin.
* ↑ In a letter to the Oregon Spectator of Aug. 5, 1848, Gray affirms that this proviso was suggested by Jason Lee himself, and offered by Le Breton, and that none of the legislative committee were responsible for it; and to this he says he has made oath. In his History, 338, he informs us that Le Breton had been chosen secretly to the legislative committee, the members agreeing to pay his per diem if necessary. Newell, in his Strictures on Gray, says that the word 'Protestant' was inserted in the proviso before 'missions,' but that he argued for the American right to worship God according to his conscience, and succeeded in having the obnoxious word stricken out. Gray admits that Newell was opposed to the fourth article of the land law, but only because he favored McLoughlin's claim. Gray also affirms that the legislative committee were opposed to the large claims of the Mission, but feared to oppose them lest they should combine against the organization. They were, besides, satisfied that the Protestant missions would finally give up a portion of their claims in order to force the Catholics to do the same, and this, he says, is what actually took place. Hist. Or., 347. As if the United States had nothing to do with the matter.
* ↑ Says Roberts, 'I was present in the fall of 1842 at a political meeting at Champoeg; but like Toots, I thought at the time it was of no consequence' Recollections, MS., 64
* ↑ The authorites from which this chapter has been drawn, besides those already quoted, are Or. Pioneer Assoc., Trans., 1875, 61; Evans' Address, in Or. Pioneer Assoc., Trans., 1877, 32; Brown's Willamette Valley, MS., 31; Atkinson's Or. Colonists, 3, 4; Or. Spectator, May 12, 1847; Grover's Or . Archives, 5–7; Deady's Hist. Or., MS., 14, 74; Thornton's Oregon Hist., MS., 6; Evans' Hist Or., MS., 265–71; Matthieu's Refugee, MS., 19; Marysville Appeal, Nov. 4, 1865; Burnett's Recollections, MS., i. 184; Strong's Hist. Or., MS., 61; Grover's Pub. Life, MS., 23–5; J. Q. Thornton, in Or. Pioneer Assoc., Trans., 1874, 70; Burnett, in Niles' Register, lxviii. 393.