# Portland, Oregon: Its History and Builders/Volume 1/Chapter 7

CHAPTER VII.
1818—1844.
It does not appear that either the executive department of the government, or the congress of the United States, ever took any official notice of the great achievement of Captain Robert Gray in the discovery of the Cohimbia river. The action of President Jefiferson in sending the Lewis and Clarke expedition to the Pacific coast in 1805, was very largely the act of Jefferson himself. And while congress did make an appropriation for the expedition, it never otherwise sought to secure to the country any positive or immediate benefits therefrom. It was assumed by American business men—Astor, Wyeth, Winship and Bonneville—that because of Gray's discovery, and the Lewis and Clarke exploration, that old Oregon must of right belong to the United States, and therefore it was open to American settlement. And even after Astor's unfortunate adventure, and the loss of his property and the capture of his fort by the British, our congress took no action to assert its paramount rights to this country.
In the treaty with Great Britain made by secretary of state, John Quincy Adams, in 1818, in the third article of said treaty: "It is agreed that any country that may be claimed by either party on the northwest coast of America westward of the Stony (Rocky) mountains, shall together with its harbors, bays and creeks, and the navigation of all rivers within the same, be free and open for the term of ten years from the date of the signature of the present convention, to the vessels, citizens and subjects of both powers. It being well understood that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country; nor shall it be taken to affect the claim of any power or state to any part of said country; the only object of the high contracting parties in that respect being to prevent disputes and differences."
The provisions of the above article were renewed between the two nations in 1827, and continued in force down to the 28th day of April, 1846, three years after the formation of our provisional government at Champoeg, when, in pursuance of a resolution of congress. President James K. Polk notified the British government that the period of joint occupancy of the Oregon territory had been terminated.
​"There is a very great misapprehension of the real merits of this case, founded on the misnomer which declared that treaty to be a treaty of joint occupation. It is not a convention of joint occupation. It is a convention of nonoccupation—a promise on the part of both parties that either of the parties will occupy the territory, for an indefinite period; first, for ten years; then until the notice should be given by the one party or the other that the convention shall be terminated, that is to say, that the restriction, the fetters upon our hands, shall be thrown off which prevents occupation."
Here then is a treaty that deliberately renounced the right of the American emigrants to come here and establish homes. They might come and catch fish, trap wild animals for furs and trade with the Indians, but they must not hoist the American flag, they must not open farms, they must not build homes or school houses, or do anything to establish a settlement. Oregon was a country for free trade, but not for free settlement. England, Spain, France, Russia, and everybody else had the same rights in Oregon as the Americans. Oregon is thus distinguished as the first and only free trade country that now belongs to the union of states.
And while this treaty of 1818 tied the hands of the respective governments, it did not provide for the arrest of independent movements of traders or settlers. It left the question of occupancy and final disposition of the country right where Daniel Webster, secretary of state under President Tyler, predicted it would be when he wrote to the American minister at London (Edward Everett) in 1840, saying: "The ozvnership of Oregon is likely to follow the greater settlement and the larger population."
We are thus particular to point out the facts_showing the exact legal and political status of the country, so that the reader may get a clear idea of the magnitude of the work achieved by the early Oregon pioneers. Oregon was from 1818 down to 1846 practically and substantially in the position of being.
NO MAN'S LAND
"The good old rule, the simple plan, That they should take who have the power, And they should keep who can."
And now we reach the point when the pioneers coming in from Iowa and Missouri commence to drive stakes, and settle down to hold fast to something. A little band coming in the autumn of 1842 found here Robert Newell, Joseph L. Meek and a few other Americans scattered around, less than a hundred all told, and twenty-five or thirty Missouri people. This was the nucleus of the American state to be. There was no law except what the Hudson Bay Company chose to enforce through their justices of the peace appointed by the British government in Canada, and their jurisdiction extended no further than enforcing penalties for violation of criminal laws.
These lonely settlers in the far distant wilderness of Oregon were loth to assume the great responsibility of establishing a government to govern themselves; especially when they were opposed by an equal number of Canadians opposed to government, which opposition was backed up by the all-powerful Hudson Bay Company with unlimited resources for effective opposition.
They therefore earnestly sought from the American congress, some recognition, some aid, some encouragement, and the following petition by Lot Whitcomb and thirty-five other American settlers was sent to congress in 1839; says the petition:
"We flatter ourselves that we are the germ of a great state, and are anxious to give an early tone to the moral and intellectual character of our citizens — the destiny of our posterity will be intimately affected by the character of those who emigrate. But a good community will hardly emigrate to a country which ​promises no protection to life or property. We can boast of no civil code. We can promise no protection but the ulterior resort of self defense. We do not presume to suggest the manner in which the country shall be occupied by the government, nor the extent to which our settlement should be encouraged. We confide in the wisdom of our national legislators and leave the subject to their candid deliberations."
There were two other memorials like this sent to congress, but the happy well-paid congressmen were deaf to all appeals from distant Oregon.
And what was the position of the Hudson Bay Company all this time? All of its interests lay in the direction of an unsettled country. It was here to trap fur bearing animals, and to trade with the Indians for furs. It did not want the country settled by either Americans or any other people. As long as there were no settlers, the Indians would obey their orders and would be happy and content in the forest with their ways of living. To bring settlers that would convert the country into farms, build towns, start saw mills and establish herds of domestic animals would destroy the business of the fur company and drive it out. It was but natural that the company should oppose emigration and settlements. And in doing so it became the ally of the first American settlers. Whether consciously or unconsciously, cannot now be determined. With its power and influence with the Indians, its wealth and organization, and its knowledge of the country and means for bringing colonists from either Canada or the home country, it could have quickly and easily throttled all attempts to establish American settlements by establishing those devoted to the support of the British claim to the country. But to do so would have put in jeopardy the profits and future existence of the company as a business paying institution. The managers of the company in England undoubtedly expected and relied upon Chief Factor John McLoughlin and others to discourage settlements in Oregon; believing that without business support and encouragement the Americans would be starved out. Fortunate it was for the Americans that John McLoughlin was not built on the narrow gauge pattern of his employers in London. His great heart and humane sympathies would not permit him to view with cold blooded indifference the suffering and destitution of men and women who had risked their lives and everything else in the great struggle to reach Oregon. He helped them as much as he could, and not be unceremoniously kicked out before the first few Americans had secured a foothold on the Willamette valley. As it was, for this open handed aid to the Americans, he lost his position and a salary of twelve thousand dollars a year. With the most hopeful view of the case the Americans had the narrowest chance in the world to secure a foothold and establish an American settlement. Had they not succeeded Oregon would certainly have become a British province. With McLoughlin's opposition exerted against them, as his British employers desired it to be exerted, the Americans, unsupported by congress as they were, could never have succeeded. The tacit support of John McLoughlin given in the name of humanity, undoubtedly decided the fate of Oregon in favor of the American settlers.
We now reach the point where the Americans in Oregon were compelled to act. To retreat, they could not. To go forward and establish a government l-or mutual protection was the only alternative of common sense and brave men. And when we stop and take a look at the surroundings of this handful of Americans, away out here two thousand miles from any friendly encouragement, and wholly neglected and ignored by the American president and congress, without arms or means of defense, without money or funds of any kind to maintain an organization, their resolution to organize a government and found an American state seems absurd and chimerical to reason. And yet to sentiment and patriotism, it is the grandest chapter in the history of civilization. The region to be claimed and governed for their native land was as large as a dozen states they had left behind them. They were confronted and opposed on one hand by ​the most powerful commercial organization then existing in the world; and on the other hand by eighty thousand savages ready to kill, slay, burn, and utterly destroy them. And as nearly all the meetings, and legislative sessions of the provisional government, which we shall describe, were held within the territory which this history is to record, the history of this government is a necessary part of this work.
The first steps to organize a government came from the Methodist missionaries, who called a meeting of the inhabitants of the Willamette valley to be held at the American mission house, located near the Willamette river a few miles below the site of the state capitol, on February 17, 1841. At this meeting, Jason Lee acted as president and Gustavus Hines as secretary; and resolutions were adopted recommending that a committee of seven be elected to draft a constitution and code of laws for the government of the settlements; and that all settlers north of the Columbia river not connected with the Hudson Bay Company, be admitted to the protection of our laws on making application.
This meeting adjourned over to the next day when a larger meeting was held at the same place, at which David Leslie acted as chairman and Sidney Smith and Gustavus Hines as secretaries. A committee was then chosen to frame a constitution and code of laws; and Rev. F. N. Blanchet, Rev. Jason Lee, David Donpierre, Gustavus Hines, Mr. Charlevon, Robt. Moore, J. L. Parrish, Etienne Lucier and William Johnson appointed such committee.
That meeting adjourned to meet again on June 1, 1841, at the new building near the Catholic church in French Prairie.
This third meeting met near the Catholic church according to adjournment, and Rev. Blanchet requested to be excused from serving on the committee to draft a constitution and code of laws.
The meeting passed a resolution directing the committee to confer with the commodore of the American squadron, and with John McLoughlin, chief factor of the Hudson Bay Company, about forming a constitution and code of laws; and then adjourned to meet on the succeeding October.
No meeting was held in October, and the subject of organization was dropped until February 2, 1843. Thus far the movement had been managed by the Methodist missionaries. And in the next meeting we see an evident intention to change the management.
The next meeting, called to be held at the "Oregon Institute," a Methodist institution, was held February 2, 1843, ostensibly for the purpose of taking steps to protect the cattle from wild animals. Dr. J. L. Babcock appears as chairman, and W. H. Willson as secretary. A committee of six, consisting of W. H. May, Beers, Gervais, Barnaby, Willson and Lucier, were appointed to call a general meeting on the first Monday of March, next, at the house of Joseph Gervais for the purpose of making war upon bears, wolves, panthers, etc., and report business.
The meeting in March was duly held and well attended and has passed into history as "The Wolf Meeting." The committee appointed at the former meeting, reported a resolution to take steps to destroy the wolves, bears, and panthers; that bounties for scalps be offered as follows: for a small wolf, fifty cents; for a large wolf, $3.00; for a lynx, $1.50; for a bear, $2.00, and for a panther $5.00; and that no one (except Indians) be paid bounties unless they first subscribe $5.00 to the bounty fund.
The object of this war upon the wild animals was simply a ruse to get the French Canadians in the valley to join with the Americans in forming a government. The settlers having no religious affiliations had already left the Methodist missionaries in the background in order to coax the French Catholics to come in and help organize.
And after providing for the exterminating of the wolves, the meeting passed a resolution to appoint a committee of twelve persons to take into consideration the propriety of taking measures "for the civil and military protection of this ​colony." Here then was the germ of the future state. On this committee was appointed Dr. J. L. Babcock, Dr. White, James O'Neill, Robert Newell, Etienne Lucier, Joseph Gervais, T. J. Hubbard, C. McRoy, William H. Gray, Sidney Smith and George Gay.
Following this meeting, the Canadian citizens of Oregon drew up and signed a memorial, which they delivered to be read at the next meeting for organization May 2, 1843. This next meeting was the turning point in the movement for a provisional government, and we give its proceedings as fully as can be gathered from the imperfect record made of it, and from the statements of those who took an active part in it.
It was now apparent in the proceedings at the time, and from the acts of the men concerned thereafter, that there was somewhere in motion an active irrepressible force in favor of organizing a government. This force, when developed, showed that it was entirely independent of Catholic priests or Protestant missionaries, neither of which was willing to submit to the rule of the other. This independent element was made up of mountain men like Joe Meek and Robert Newell, with whom were co-operating, the sea-rovers, independent trappers and adventurers of all sorts who had drifted into the Willamette valley as a haven of rest from life's failures and troubles in other quarters of the world. But few of them had any book knowledge, but all had a wide experience on the border, before the mast, or in life's struggles everywhere. They had courage, independence and confidence born of dangers and desperation. They would launch the ship of state while others talked and parleyed. And co-operating with these trappers and sailors was a man from the missionary side who was the most active and irrepressible of the whole community, and while not always politic or judicious, was always an agitator—William H. Gray. Gray wanted a government that would oppose the Catholics. Newell and Meek wanted a government that would be independent of all sects and religions. Jason Lee, the prime mover of the whole business, wanted a government with a Protestant, if not a Methodist control. It is intensely interesting to trace out all the diplomatic movements of the rival factions in this little community of a hundred men 2,500 miles distant from any organized county or state. That the Americans earnestly desired the Canadians to go in with them for organization is too plain for dispute. For at the outset the Canadians were freely appointed in the preliminary committees and meetings were held at the houses of the Canadians. But the Canadians, being Catholics, accepted and trusted the leadership of their religious teacher, Blanchet. Blanchet was a subject of Great Britain, and a stipendiary of the Hudson Bay Company. He was therefore legally and in honor bound to support the interests that were opposed to a possible American organization. And the address prepared by him, and signed by all the Canadians, was the most adroit and diplomatic document that could have been constructed for that occasion. It was full of fair dealing, patriotism and good fellowship—yet it was clearly against an American organization. And the harmonious acceptance of the final result, showed that Blanchet was a good citizen, and for peace, no matter who ruled.
The conduct of Jason Lee has been to many persons a puzzle. After inspiring and leading the movement for organization up to a certain point, he suddenly dropped out, and does not appear at all at the Champoeg meeting. There is nothing difficult about this. Lee was himself a native of Canada, and knew better than any other man in Oregon whom he had to deal with. We are warranted in believing that as Blanchet and Lee were the acknowledged leaders of rival, if not hostile, religious movements, it was poor politics for the man, who of all others most desired an American organization, to appear at a meeting where his mere presence would provoke unfriendly opposition. Lee absented himself from the Champoeg meeting for the real purpose of misleading, if possible, the Canadians—or at least to avoid drawing their fire. The Methodist preachers Hines, Leslie and Parrish, and the Congregationalists, Griffin ​and Clark were there, but Blanchet did not fear them. How far the absence of Lee abated the activity of the Canadians cannot be known.
The course of another man at that meeting was puzzling to some people. F. X. Matthieu's vote decided the result; and yet Matthieu was the last man to line up with the Americans; although he had fled from British intolerance in his native land, and had advocated American organization to his Canadian countrymen. His course at Champoeg was dictated by the hope that by staying with his own people to the last, he might in the end, take over with him to the American side one or more wavering Canadians who were halting between two opinions. If there were any such, and there doubtless was, they had been braced up against just such a crisis, and did not dare to incur the displeasure of their leader.
The Committee made their report, which was read. And thereupon, the Canadian citizens of Oregon who were opposed to organizing a government submitted the following address, which was read.
"We, the Canadian citizens of the Willamette, considering, with interest and reflection, the subject which unites the people at the present meeting, present to the American citizens, and particularly to the gentlemen who called said meeting, the unanimous expression of our sentiments of cordiality, desire of union and inexhaustible peace between all the people, in view of our duty and the interest of the new colony, and declare:
1st. That we wish for laws, or regulations, for the welfare of our persons, and the security of our property and labors.
2d. That we do not intend to rebel against the measures of that kind taken last year, by a part of the people; although we do not approve of certain regulations, nor certain modes of laws, let those magistrates finish their time.
3d. That we will not address a new petition to the government of the United States, because we have our reasons, till the line be decided, and the frontiers of the states fixed.
4th. That we are opposed to the regulations anticipated, and exposed to consequences for the quantity, directions, etc., of lands, and whatsoever expense for the same lands, because we have no direct guarantee from the government to come, perhaps, tomorrow, all those measures may be broken.
5th. That we do not wish a provisional mode of government, too self interested, and full of degrees, useless to our power, and over-loading the colony instead of improving it; besides, men of laws and science are too scarce, and have too much to do in such a new country.
6th. That we wish either the mode of senate or council, to judge the difficulties, punish the crimes (except capital penalties) and make the regulations suitable for the people.
7th. That the same council be elected and composed of members from all parts of the country, and should act in body, on the plan of civilized countries in parliament, or as a jury, and to be represented, for example, by the president of said council, and another member, as judge of peace, in each county, allowing the principle of recalling to the whole senate.
8th. That the members should be influenced to interest themselves to their own welfare, and that of the public, by the love of doing good, rather than by the hope of gain, in order to take off from the esteem of the people all suspicions of interest in the persons of their representatives.
9th. That they must avoid every law loading, and inexpedient to the people, especially to the new arrivals. Unnecessary taxes, and whatever records are of that kind, we do not want them.
10th. That the militia is useless at present, and rather a danger of bad suspicion to the Indians, and a delay for the unnecessary labors; in the same time, it is a load; we do not want it, either, at present.
11th. That we consider the country free, at present, to all nations, till government shall have decided; open to every individual wishing to settle, without ​any distinction of origin, and without asking him to settle anything, either to become an English, Spanish or American citizen.
12th. So we, English subjects, proclaim to be free, as well as those who came from France, California, United States, or even natives of this country; and we desire unison with all the respectable citizens who wish to settle in this country; or, we ask to be recognized as free amongst ourselves, to make such regulations as appear suitable to our wants, save the general interest of having justice from all strangers who might injure us, and that our reasonable customs and pretensions be respected.
13th. That we are willing to submit to any lawful government when it comes.
14th. That we do not forget that we make laws only for necessary circumstances. The more laws there are, the more opportunities for roguery, for those who make a practice of it; and, perhaps, the more alterations there will be some day.
15th. That we do not forget in a trial, that before all fraud on fulfilling of some points of the law, the ordinary proofs of the certainty of the fact ought to be duly weighed, so that justice may be done, and no shame given for fraud.
16th. In a new country, the more men employed and paid by the public, the less remains for industry.
17th. That no one can be more desirous than we are, for the prosperity, ameliorations, and general peace of the country, and especially for the guaranty of our rights and liberties; and such is the wish we make for all those who are, or may become, our fellow countrymen, etc., for long years of peace.
After the reading of this address a motion was made that the report of the committee be accepted, which being put, was lost. Considerable confusion existing in consequence, it was moved by Mr. Le Breton and seconded by Mr. Gray that the meeting divide, preparatory to being counted; those in favor of the object of this meeting stepping to the right hand and those of a contrary mind going to the left. The chairman called upon those present to divide and line up to be counted.
Whereupon more confustion than before resulted; the opponents of organization continuing to mix freely with the friends of organization, and earnestly opposing and arguing against organization, for the purpose of preventing any decision.
This state of indecision and confusion continuing for ten or fifteen minutes, Le Breton and Lucier sought out Joseph L. Meek, and earnestly besought him to do something to divide the wrangling disputants.
Meek proved equal to the occasion. (The following account of what then took place was given to the writer hereof by Col. Meek, at the county fair in Hillsboro, in September, 1867, and then written down in a memorandum book.)
"When the ayes and noes was called for adopting report of the committee the ayes voted weak and scattering, and the noes voted solid and loud, as if ​trained and prepared. It looked as if we were beaten, but the chairman being an American did not want to decide that way, and said he was not sure how it was, and proposed a division and counting. The British all opposed division, and mixed up with the Americans, arguing against any organization. This confusion continued for fifteen or twenty minutes, when Le Breton and Lucier came to me and said, 'Joe, we must do something to get this thing decided; you must lead off and get them separated.' I then stepped out, clear outside of the crowd, swung my hat in the air, and sounded the war whoop, and yelled at the top of my voice:
"DIVIDE! DIVIDE! Who's for a Divide! All in favor of the American flag follow me!"
"I thought the appeal to the flag would catch them, and it did, for every American lined up after me. The secretaries then acted as tellers and commenced counting. As I looked down the line, it was awful close. Before the counting was half done, Matthieu, who had lined up with the Canadians, left them and walked over to our side and took a position alongside of Lucier, Matthieu's vote decided it, for we had only two majority. The British then mounted their horses and rode away, and we went on and completed our organization."
And so was born the first American government west of the Rocky mountains.
The following are the names of the "immortals" who saved the day for American institutions on May 2, 1843. The fifty-two persons voting for the adoption of the committee's report were as follows: Dr. Ira L. Babcock, W. H. Wilson, G. W. Le Breton, W. H. Gray, Joseph L. Meek, David Hill, Robert Shortess, Dr. Robert Newell, Reuben Lewis, Amos Cook, Caleb Wilkins, Hugh Burns, Francis Fletcher, Sidney Smith, Alanson Beers, T. J. Hubbard, James O'Neil, Robert Moore, *W. P. Doughty, Rev, J. S. Griffin, George Gay, Geo W. Ebberts, Rev. J. L. Parrish, Rev. Harvey Clark, Charpes Campo, Dr. W. J. Bailey, *Allen Davie, Joseph Holman, *John Edmunds Pickernel, Joseph Gale, Russell Osborn, David Weston, William Johnson, W. Hauxhurst, William Cannon, Medorem Crawford, John L. Morrison, P. M. Armstrong, L. H. Judson, A. T, Smith, J. C. Bridges, Rev. Gustavus Hines, Rev. David Leslie, John Howard, William McCarty, Calvin Tibbetts, J. R. Robb, Solomon H. Smith, A. E. Wilson, F. X. Matthieu, Etienne Lucier, Charles McKay."
Now follows the remainder of the proceedings of the meeting that day, according to the "Archives."
"It was then moved and carried, that the report of the committee be taken up, and disposed of article by article.
A motion was made and carried, that a supreme judge, with probate powers, be chosen to officiate in this community.
Moved and carried, that a clerk of the court, or recorder, be chosen.
Moved and carried that a sheriff be chosen.
Moved and carried, that three magistrates be chosen.
Moved and carried, that three constables be chosen.
Moved and carried that a committee of nine persons be chosen, for the purpose of drafting a code of laws, for the government of this community, to be presented to a public meeting to be hereafter called by them, on the fifth day of July next, for their acceptance.
A motion was made and carried, that a treasurer be chosen.
Moved and carried, that a major, and three captains, be chosen.
Moved and carried, that we now proceed to choose the persons to fill the various offices, by ballot.
W. E. Willson was chosen to act as supreme judge, with probate powers.
G. W. Le Breton was chosen to act as clerk of court, or recorder.
J. L. Meek was chosen to fill the office of sheriff.
Messrs. Hill, Shortess, Newell, Beers, Hubbard, Gray, O'Neil, Moore, and Dougherty, were chosen to act as the legislative committee.
Messrs. Burns, Judson, and A. T. Smith, were chosen to act as magistrates.
Messrs. Elbert, Bridges, and Lewis, were chosen to act as constables.
Mr. John Howard, was chosen mayor.
Messrs. Wm. McCarty, C. M'Roy and S. Smith, were chosen captains.
Moved and carried, that the legislative committee make their report on the 5th day of July next, at Champooick.
Moved and carried, that the services of the legislative committee be paid for, at $1.25 per day, and that the money be raised by subscription.
Moved and carried, that the mayor and captains be instructed to enlist men to form companies of mounted riflemen.
Moved and carried, that an additional magistrate and constable be chosen.
Mr. Campo was chosen as an additional magistrate.
Mr. Matthieu was chosen as an additional constable.
Moved and carried, that the legislative committee shall not sit over six days.
The meeting was then adjourned.
The question having arisen, with regard to what time the newly appointed officers shall commence their duties, the meeting was again called to order, when
It was moved and carried, that the old officers remain in office till the laws are made and accepted, or until the next public meeting.
G. W. LeBreton.
There has been much discussion of what did actually take place at the Champoeg meeting. It is evident upon the face of it, that what has been printed in "The Oregon Archives" as the proceedings of that meeting, is an imperfect report. The Hon. L. F. Grover was authorized by the territorial legislature of 1849, to collect all the papers and records of the provisional government for publication; and in a note appended to the work, says: "Within the proper depository of the public papers, he has 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." The fact that the three secretaries of that meeting, were active partizans of the purpose to form a government, and were actively advocating such purpose at the meeting, will explain why a fuller account of the proceedings was not made. The most striking and important event of the meeting was Meek's dramatic appeal for a "division," and yet that is not mentioned in the "Archives," but that it actually took place there can be no doubt. The following persons told the writer of this book substantially what Meek told him, viz., Rev. J. S. Griffin, Medorum Crawford, Robert Shortess, William Doughty, George W. Ebberts, and F. X. Matthieu.
But while much may have been lost of interesting history, there is the printed record of 335 octave pages to show the minds, thoughts, sentiments, and principles of the pioneers as "state builders;" and the state of Oregon is the glorious monument to their memory.
In organizing this provisional government, the Americans did not seek to exclude the Canadians from any part in the work; but on the countrary used all their influence to have them co-operate. At the meeting of February 2, 1843, they adjourned to meet at the house of Joseph Gervais, a Canadian, who voted against organization; and at the "Wolf Meeting," Gervais and Maitune were appointed on the standing committee—both Canadians.
The legislative committee appointed on May 2d, went to work on May 16, 1843, as a legislative body, electing Robert Moore, chairman, and G. W. Le Breton, secretary; and held sessions on May 16th, 17th, 18th, 19th, June 27th and 28th; opening their sessions with prayers. On July 5, 1843, a public meeting of all the inhabitants of "Oregon territory" was held, pursuant to ​ment to hear the report of the legislative committee, and transact such other business as might come before them. The following proceedings were had:
"The chairman of the meeting being absent, the meeting was called to order by G. W. Le Breton.
"On motion. Rev. G. Hines was called to the chair.
"Mr. Moore, chairman of the legislative committee, presented his report, which was read and accepted.
"Moved by L. H. Judson, the report upon ways and means be accepted.
"Carried.
"Moved by J. M'Loughlin, that the first article of judiciary report be adopted.
"Carried.
"Moved, by L. H. Judson, second article be adopted.
"Carried.
"Moved, by C. M'Roy, that the third article be adopted.
"Carried.
"Moved, by J. Holman, that the fourth article be adopted.
"Carried.
"Section second. Organic laws.
"The first, second, third, and fourth articles, adopted.
"The fifth article amended, as recorded, adopted.
"The sixth, seventh, eighth, ninth, tenth, and eleventh articles, adopted.
"The twelfth article amended, as recorded, adopted.
"The thirteenth, fourteenth, fifteenth, and sixteenth articles adopted.
"The seventeenth article, amended, by inserting the word 'one' for 'three,' adopted,
"The eighteenth article, and nineteenth resolution, adopted.
"Moved and carried, that the committee, for carrying into efifect the nineteenth resolution, be chosen, by nomination, from the floor.
"Messrs. Lee, Hines, and Walker, were chosen.
"Moved and carried, that the members of the executive committee be now chosen, by ballot.
"Moved and carried, that the highest number of votes decide the choice.
"Moved and carried that the votes be taken to the table, to be counted.
"Messrs. Hill, Beers, and Gale, were chosen to be the members of the executive committee.
"Moved and carried, that we proceed to elect a justice of the peace, in place of Mr. Burns, resigned.
"Robert Moore was chosen justice of the peace.
"Moved and carried, to adopt the remainder of the judiciary report: viz:—to adopt the laws of Iowa, as recorded, by amending them so far as to retain the fees of New York, for jurors and witnesses, instead of those of Oregon territory.
"Moved and carried, to adopt the military laws. Amended so as to continue the officers in command during good behavior.
"Moved and carried, to adopt the report, districting committee.
"Moved and carried, that no person be allowed to speak more than twice to any one resolution.
"Moved and carried, to proceed to appoint a justice of the peace, for Yamhill district.
"On motion, James O'Neil, Esq., was chosen.
"On motion, A. Cook was appointed constable.
"On motion, Joel Turnham was chosen constable, for Champooick district, in place of Mr. Bridges, left the country.
"The report of committee, upon ways and means, was adopted, as amended and recorded.
"The report of committee, upon land claims was adopted, with the proviso, as recorded.
​"Moved and carried, to purchase several law books, of Jas. O'Neil, to be the property of this community.
"Moved and carried, to adopt the report of legislative committee, as a whole.
"Moved and carried, to excuse the legislative committee from further services.
"Moved and carried that the committee chosen to carry into effect the nineteenth resolution, have access to all public records, and also to have authority to call upon any individual for information, necessary to carry out their instructions.
"Resolved:—That the chairman of this meeting, assisted by the Rev. Messrs. Lee, Clark, and Leslie, be a committee to draft, and administer an oath of office, to the civil officers, elected on the third of May, 1843; and that said officers be required to subscribe to the same, and administer the oath to the supreme judge, who shall hereafter qualify all civil and military officers, to be elected by the people.
"Moved and carried, that the committee, to qualify officers, proceed to theii duty, as far as practicable, this evening.
"On motion, adjourned.
"A true copy, from original papers.
"Attest."G. W. Le Breton, Recorder."
The legislative committee recommended that the territory be divided into four districts: as follows:—
First district, to be called the 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.
Second district, to be called the Yamhill district, embracing all the country west of the Willamette, or Multnomah river, and a supposed line running north and south from said river, south of the Yamhill river, to the parallel of 42° north latitude, or the boundary line of the United States and California, and east of the Pacific ocean.
Third district, to be called the Clackamas district, comprehending all the territory not included in the other three districts.
Fourth district, to be called the Champooick district, and bounded on the north by a supposed line drawn from the north 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 parallel of 42°, north latitude; south by the boundary Hne of the United States and California, and east by the summit of the Rocky mountains.
The legislative committee also recommend that the above districts be designated as Oregon territory.
Approved by the people, July 5, 1843.
REPORT OF LEGISLATIVE COMMITTEE UPON WAYS AND MEANS.
The legislative committee report, that a subscription paper, as follows, be put in circulation to collect funds, for defraying the expenses of the government.
We, the subscribers, pledge ourselves to pay, annually, to the treasurer of Oregon territory, the sums affixed to our respective names for the purpose of defraying the expenses of government—provided that, in all cases, each individual subscriber may, at any time, withdraw his name from said subscription, upon paying up all arrearages and notifying the treasurer of the colony, of such desire to withdraw.
The following are the principal provisions of the original constitution, approved by the people, July 5, 1843.
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 fol​lowing laws and regulations, until such time as the United States of America extend their jurisdiction over us.
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 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 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 whatever, interfere with, or affect private contracts, or engagements, bona fide, and 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 forever be 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. 2; Art. 1. 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 at such places as shall be designated by law.
Art. 3. Each officer heretofore elected, or hereafter to be elected, shall, be- fore entering upon the duties of his office, take an oath or affirmation, to sup- port the laws of the territory, and faithfully to discharge the duties of his office.
Art. 5. The executive power shall be vested in a committee of three 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 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 constitute a quorum to transact business.
Art. 6. The legislative power shall be vested in a committee of nine 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 two justices of the peace; a probate court; and in justices of the peace. The jurisdiction of the supreme court shall be both appellate and original. That of the probate court and justice 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 exceed fifty dollars.
Art. 12. The laws of Iowa territory, shall be the law 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. 17. All male persons, of the age of sixteen years and upwards, and all females of the age of fourteen and upwards, shall have the right of engaging in marriage—provided, that where either of the parties shall be under the age of twenty-one, the consent of the parents or guardians of such minors shall be necessary to 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 form the time of such marriage taking place and being made known to him officially. The legal fee for marriage shall be one dollar, and for recording the same, fifty cents.
Art. 19.—Resolved:—That a committee of three 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 Staes government for their information.
The Militia.
Art. 1. The militia of this territory shall be arranged into one battalion, consisting of three of more companies or mounted riflemen.
Art. 2. Any person now holding, or hereafter wishing to establish a claim to land in this territory, shall designate the extent of his claim by natural boundaries, or by marks at the corners, and on the lines of such claim, and have the extent and boundaries of said claim recorded in the office of the terrritorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim—provided, that those who shall already be in possession of land, shall be allowed one year from the passage of this act, to file a description of his claim in the recorder's office.
Art. 3. No individual shall be allowed to hold a claim or more than one square mile of six hundred and forty acres in a square or oblong form, according to the natural situation of the premises; nor shall any individual be allowed to hold more than one claim at the same time. Any person complying with the provisions of these ordinances, shall be entitled to the same recourse against trespass as in other cases by law provided.
Art. 4. No person shall be entitled to hold such a claim upon city or town sites, extensive water privileges, or other situations necessary for the transaction of mercantile or manufacturing operations, and to the detriment of the community—provided, that nothing in these laws shall be so constructed 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.
Approved by the people, July 5th, 1843.
The legislative committee met again at Willamette Falls, June 18, 1844, and daily transacted legislative business until June 27, when it adjourned, to meet again on third Monday of December, 1844. The enacting clause of every law was—"Be it enacted by the house of representatives of Oregon territory." Among the laws passed at this section, was an act to authorize John McLoughlin to operate a ferry at Willamette falls; an act to prevent the introduction, sale or manufacture of ardent spirits in Oregon; an act to prevent slavery, in Oregon. N. H. King applied for a divorce from his wife to this legislature, and it was not granted. John McLoughlin was authorized to construct a canal at Willamette Falls. F. Ermatinger and others sent in a petition to incorporate ​Oregon City, which was unfavorably reported upon by A. L. Lovejoy, the only lawyer in the legislature.
An executive committee of two persons, Osborn Russell, and P. G. Stewart, having at some time, not shown in the records, been appointed as a sort of double-headed governor, presents to the adjourned meeting of the legislature, on December ii, 1844, the first executive document or governor's message to the new government which we here copy as follows:
To the honorable the legislative committee of Oregon.
Gentlemen:—As the expectation of receiving some information from the United States, relative to the adjustment of the claims of that government and of Great Britain, upon this country, was the principal cause of the adjournment of this assembly, from June last to this day, we feel it our duty to communicate such information as we have been able to collect on the subject, and likewise to recommend the adoption of further measures, for the promotion and security of the interests of Oregon.
The subject has again been called up for investigation by the two powers, and a negotiation was begun at Washington in the early part of the present year, but was for the time being suspended, on account of a disagreement between, the parties, and notice of the abrogation of the convention of 1827, had not been given by either party, when our latest information left the United States. And we find that after all the negotiations that have been carried on, between the United States, and Great Britain relative to settling their claims to this country, from October, 1818, upto May, 1844, a period of nearly twenty-six years, the question remains in the following unsettled position, viz.: Neither of the parties in question claim exclusive right to the country lying west of the Rocky mountains, between the parallels of 42 deg. and 54 deg. 40 min. north latitude, and bordering on the Pacific ocean. But one claims as much right as the other, and both claim the right of joint occupancy of the whole, without prejudice to the claims of any other state or power to any part of said country.
We have submitted to you this information, gentlemen of the assembly, for two particular reasons:
1st, To correct an error that occurred in our last communication to this body, relative to the claims of the United States and Great Britain to this country.
2d. That you may bear in mind, while legislating for the people of Oregon, the position in which this country stands, with regard to those claims.
We would advise that provision be made by this body, for the framing and adoption of a constitution for Oregon, previous to the next annual election, which may serve as a more thorough guide to her officers, and a more firm basis of her laws. It should be constructed in such a manner as would best suit the local situation of the country, and promote the general interests of the citizens, without interfering with the real or pretended rights of the United States or Great Britain; except when the protection of life and property actually require it.
We would suggest, for your information, that this government has now in possession, notes given by different individuals residing in the country, amounting to $3,734.26, most of which are already due. These notes are a balance in favor of the estate of Ewing Young, of Oregon, deceased, intestate, A. D. 1840, after all legal dues, debts, and damages are paid, that have come to the knowledge of the administrator, or probate courts of Oregon up to this date. We would therefore advise that those demands should be collected, and appropriated to the benefit of the country; the government being at all times responsible for the payment of them, to those who may hereafter appear to have a legal right to the same.
We would again call your attention to a measure recommended in our last communication, to wit: The expediency, of making provision for the erection ​of a public jail in this country. Although the community has suffered very little as yet, for the want of such a building, and perhaps another year might pass without its being occupied, which it is hoped might be the case; yet we are assured that it is better policy to have the building standing without a tenant, than a tenant without the building. And, in order to promote industry, and the peace and welfare of the citizens of Oregon, this government must be prepared to discountenance indolence, and check vice in the bud.
We would recommend to your consideration the propriety of making provision for filling public offices which are now, or may become vacant, by resignation or otherwise, previous to the next annual election.
We would recommend that the act passed by this assembly, in June last, relative to blacks and mulattoes, be so amended as to exclude corporal punishment, and require bonds for good behavior in the stead.
We consider it a highly important subject that the executive of this government should have laws which may direct them in settling matters relative to lands reserved by Indians, which have been, or hereafter may be, settled upon by whites.
We would also recommend that provisions be made for the support of lunatics and insane persons, in Oregon.
With regard to the state of the treasury, we would refer you to the treasurer's report to this assembly.
We are informed that the number of emigrants who have come from the United States to this country, during the present year, amounts to upwards of 750 persons.
We would recommend that the act passed last June, defining the northern boundaries of Twality and Clatsop counties be so explained as not to conflict with the act passed in this assembly, in June, 1843, extending the limits of Oregon to 54° 40′ north latitude.
And we would suggest, in conclusion, that to preserve the peace, good order, and kind feelings which have hitherto existed among the inhabitants of this country, depends very much upon the calm and deliberate judgment of this assembly. And we sincerely hope that Oregon, by the special aid of Divine Providence, may set an unprecedented example to the world, of industry, morality, and virtue.
And although, we may now be unknown, as a state or power, yet we have the advantages, by united efforts of our increasing population, in a diligent attention to agriculture, arts, and literature, of attaining, at no distant day, to as conspicuous an elevation as any state or power on the continent of America.
But, in order to carry this important measure and arise to that distinguished station, it becomes the duty of every citizen of this country, to take a deep interest in its present and future welfare.
As descendants of the United States, and of Great Britain, we should honor and respect the countries which gave us birth; and as citizens of Oregon, we should, by a uniform course or proceeding, and a strict observance of the rules of justice, equity, and republican principles, without party distinction use our best endeavors to cultivate the kind feeling not only of our native countries, but of all the powers or states with whom we may have intercourse.
(Signed)
Osborn Russell, P. G. Stewart, Executive Committee of Oregon.
(Dated)
Willamette Falls, December 16, 1844.
At this meeting of the legislature the territorial treasurer W. H. Willson, presented the first report on the treasury, as follows: ​
REPORT.
Received of collector, in taxes $313.31
for license, for two ferries 40.00
one fine 5.00
Total $358.31
Expended for stationery 20.38
Mr. Hathaway's house i5-00
Judge Babcock's salary 60.00
Services of secretary in house 20.00
Total $115.38
Balance remaining in treasury $242.93
On December 20, 1844, Representative Lovejoy reports to the legislature that John McLoughlin had donated a lot in Oregon City, on which to build a jail.
The bill to incorporate Oregon city was read a third time and passed on De- cember 24, 1844, making Oregon city the oldest incorporated town on the Pa- cific coast, and the only town holding its charter from the provisional government.
The next session of the legislature was begun and held at Oregon City, June 24, 1845. New men now begin to appear in the government, and for the first time the members of the legislature take an oath of office as follows :
"I do solemnly swear that I will support the organic laws of the provisional government of Oregon, so far as the said organic laws are consistent with my duties as a citizen of the United States, or a subject of Great Britain, and faith- fully demean myself in office, so help me God."
One of the first resolutions at this session was offered by W. H. Gray, au- thorizing the appointment of a committee of five to draft a memorial and peti- tion to the congress of the United States, setting forth the condition, situation, relation and wants of this country.
J. W. Nesmith appears in the government for the first time and before the legislature as "Judge of Oregon," but there is no record of his appointment or election.
On June 28, 1844, Representative Garrison offered the following resolutions :
"Resolved: That whereas, the people of Oregon assembled en masse, did on the 2d day of May, 1843, resolve, that no tax should be levied upon this people, confirming the same by the adoption of the report of the committee of ways and means, adopted by the legislative committee, and referred to the people en masse, and by them enacted July 5, 1843 J therefore.
Resolved: That this house has no right to levy a tax of any kind without the consent of the free voters of this territory, previously obtained.
Resolved: That all acts and parts of acts on that subject, passed by the legis- lative committee, were contrary to the express resolution and action of the people."
So we see that Oregon^ started out in favor of the referendum on taxation.
And on the same day the memorial to congress was presented by G. W. Gray, and signed by the two governors, Osborn Russell, and P. G. Stewart, by Judge Nesmith, Mr. Speaker, and all the members of the legislature, and then deliv- ered to Dr. White, Indian agent to be conveyed to congress at Washington, D. C.
On July 5, 1845, the legislature passed a resolution that the members should receive two dollars a day for their services, and then adjourned to meet again at Oregon City on August 5, 1845.
The legislature met again at Oregon City, August 5, 1845, the following mem- bers being present: Applegate, Foisy, Garrison, H. A. G. Lee, B. ​Lee, W. H.
May, Robt. Newell, David Hill, Sidney Smith, M. M. McCarver, McClure and Straight. An election being taken to select a speaker — Gray received 8 votes, H. Lee, 2, and McCarver, i. McCarver then questioned the propriety of electing Gray, claiming to be himself still the speaker. Whereupon the legislative body requested Mr. McCarver to resign. But McCarver did not resign, and proceeded to appoint a committee on v^^ays and means, claims, judiciary, private land claims, roads, Indian affairs, and education.
Mr. Gray now inquired if, in the opinion of the speaker, the house was prop- erly organized ; and the "chair" decided in the affirmative. Whereupon, Gray appealed from the decision of the speaker to the house, when the decision of the "chair" was reversed, and a resolution passed to remove McCarver from the office of speaker, and Robert Newell was elected chairman in his place."
So the reader can see that this was a real flesh and blood legislature, the strife for public station starting early in Oregon, and as trifling as this incident was, it, with other resolutions copied hereafter decided the future course of an able and energetic man, and impelled Mr. McCarver to leave Oregon and cast in his fortunes with Puget Sound.
By the 9th of August, 1845, Meek had secured more offices than any other citizen, having been appointed by the legislature sheriff, marshal, and collector of the revenue.
On the 9th of August, the legislature passed resolutions declaring that it had not the power to set aside or annul contracts made and entered into by the officers of the government.
And also a resolution calling upon Joseph L. Meek to report the amount of revenue he had collected in the year 1844, and how he had disbursed the same.
On this day, J. W. Nesmith, resigned the office of "Judge of Oregon," and the legislature proceeded to elect a successor in the office. The choice resulting in the election of Nineveh Ford, of Yamhill County, which then included what is now Polk. Ford declined the office. And Ford is hardly to be regarded as a public benefactor. As it is related of him, that, when he and his good wife were about starting from Missouri to Oregon, Nineveh remarked that it was likely there was nothing growing in that country that was good for "greens ;" and that as they could not get along without "hogs jowl and greens" they had better take some seed and roots with them, which they did, by bringing the "dandelion" to this country ; where it did not exist before, and planting it in the virgin soil of Oregon, turned loose an unmitigated pest to all pastures, lawns, gardens, and orchards.
On August 15, the legislative assembly shows its pronounced sentiment on two subjects by resolutions as follows:
"Resoh'ed: That M. M. McCarver has been opposed to the organic law, as adopted by the people of Oregon, and contrary to the voice of this house in regular session, clandestinely, and in a manner unworthy the confidence re- posed in him, placed his name to a copy of those laws transmitted to the United States, thereby conveying a false impression, and did, also, sign his name to two resolutions contrary to a direct vote of this house; therefore
It is further Resolv'ed: That we disapprove of the course he has pursued, and feel ourselves under humiliating necessity of signifying the same to the United States government by causing a copy of this resolution to accompany those documents."
Mr. Hill introduced the following:
"Resolved: That no person belonging to the Hudson Bay Company, or in their service, shall ever be considered as citizens of the government of Oregon, nor have the right of elective franchise;" which resolution was rejected.
From these proceedings it can be seen that the pioneer lawmakers could not only deal with a stern hand with those who trifled with the interests of the people, but they could also be just and magnanimous to those who did not sup- port the provisional ​On August 16th, a bill was reported "to prevent litigation." If such a measure was proposed to the legislature of the present day, the lawyers and judges would be paralyzed.
On August 18th, the house went into secret session to fill the office of supreme judge of Oregon, which resulted in choosing Peter H. Burnett for that position.
Mr. Burnett accepted the office, and so far as is known, discharged its duties to the satisfaction of the people and credit of himself. After the United States assumed control, and organized the territorial government, Mr. Burnett removed to California and became governor of that state.
The following are the proceedings for the ensuing session of the legislature for August 19, 1845:
"On motion of Mr. B. Lee,
Resolved: That when this house adjourns tomorrow night, it adjourn sine die.
On motion of Mr. Hill,
Resolved: That all resolutions and other proceedings of this house calculated to cast censure upon the speaker, be expunged from the journals, and the clerk is hereby authorized to erase the same; which, after some discussion, was laid upon the table.
The house proceeded to the election of district judges, for the Clackamas district, which resulted in the choice of P. G. Stewart for district judge for three years; Fred Prigg for two years, and F. W. Pettigrove for one year; and William Holmes was elected sheriff for Clackamas county.
The house then proceeded to the election of district judges for Clatsop district, which resulted in the choice of W. T. Perry for three years; Robert Shortess for two years, and Calvin Tibbits for one year; and Thomas Owens was duly elected sheriff for Clatsop county.
The house proceeded to the election of district judges for the district of Vancouver, which resulted in the choice of James Douglas for three years; M. T. Simmons for two years, and Charles Forrest for one year. John R. Jackson was elected sheriff for Vancouver district. The house adjourned to 9 o'clock tomorrow morning."
Governor Abernethy sent in his annual message, but it has been lost, as well as his first message. So far in this history of the legislature, bills on all sorts of subjects had been proposed but very few of them adopted; and very few of these old provisional laws can now be found. To determine the character of the legislation, we have to depend on the journal of the legislature printed in the "archives."
It is to the honor of W. H. Gray, whose daughter, Mrs. Jacob Kamm, resides in this city, and other descendants at Astoria, that he prepared and introduced, December 13, 1845, into the first legislative body west of the Rocky mountains, the first law to provide for the education of all children by common public schools.
On December 16th, Mr. McClure introduced a bill to provide for postoffices and post roads. On the same day the committee of the whole reported a bill to authorize Sam K. Barlow to construct the wagon road over the mountains south of Mt. Hood, and which is the same road the Portland automobilists are now using for "joy rides" to the mountains. A large part of the immigration to Oregon passed over that road to reach Portland and Oregon City.
He had an ambition to be an editor, and did conduct several newspaper enterprises, which were more entertaining to his fellow craftsmen even than to his patrons. Punctuation of his editorials was one of his strong points. And in a brilliant description of a gorgeous sunset in Rogue River valley, he attempted to tell his readers that he was seated on the hill back of the old town of Jacksonville, and made the opening sentence read: "Seated on the eminence of an evening, etc." All his exchanges copied the line with ribald remarks about "Eminence of that evening," but fortunate for the comfort of Oregon's first and last postmaster-general, he did not see what the boys were laughing about.
At the next annual session of the legislature, commenced and held at Oregon City, December 1, 1846, we get hold of the first governor's message to any legislature west of the Rocky mountains. George Abernethy whose portrait appears on another page, had been elected governor at the previous election. We give below the proceedings introducing the message and the document itself:
"The speaker announced a communication from the governor. The reading of the communication was called for, when Mr. Newell moved that the secretary of the territory read the communication. The speaker decided the motion out oi order; whereupon Mr. Newell appealed from the decision of the chair. The house sustained the decision of the speaker. Mr. Newell moved that the rules be suspended. Mr. T'Vault demanded the yeas and nays, which were as follows: Ayes—Messrs. Chamberlain, Looney, McDonald, Newell, Peers, Straight, and Tolmie, 7. Nays—Messrs. Hall, Hembree, Lownsdale, Meek, Summers, T'Vault and Mr. Speaker, 7. So the rules were not suspended.
The communication from the governor was then read as follows:
"To the Honorable the Legislative Assembly of Oregon,
Fellow Citizens: The duty of addressing you at the opening of your session, again presents itself.
The duty of legislating, for the welfare and happiness of the community, again devolves on you.
May we be guided and directed by that wisdom which never errs.
The boundary question—a question of great importance to us as a people—there is every reason to believe, is finally settled. The following is an extract from the Polynesian, a paper published at the Sandwich Islands, of the 29th August last:—
'The senate ratified the treaty upon the Oregon question, by a vote of 41 to 14.'
This the Polynesian credits to the New York Gazette, and Times, of the loth of June; showing that a treaty had been entered into, and probably concluded, between the two governments. The provisions of the treaty are not yet known to us in Oregon, farther than what we can gather from the letter of Mr. Geo, Seymour, the British commander-in-chief in the Pacific, to the agent of the Hudson Bay Company at the Sandwich Islands, being an extract of a private letter from A. Forbes, Esq., consul at Tepic, to Geo. Seymour:
'I send you an American newspaper, which Mr. Bankhead has requested may be forwarded to you, and which shows that the Oregon question is entirely settled; the 49th degree is to run on to the Straits of Fuca; the whole Island of Vancouver being left in possession of England; and the said Straits of Fuca, Puget's Sound, &c., remaining free to both parties. The Columbia river is also to remain free to both parties, until the expiration of the charter of the Hudson's Bay Company, ​ompany,
when the whole to the south of the 49th degree, is to- belong to America, with the exceptions mentioned.'
Should this information prove correct, we may shortly expect officers from the United States government, to take formal possession of Oregon, and extend over us the protection we have longed and anxiously looked for.
The notice that the joint occupancy of Oregon would cease, after twelve months, was given, by the president of the United States, to the government of Great Britain.
The president in his message of 1845, before the notice was given, speaking of Oregon, says :
As yet, we have not been made acquainted with any action of congress, that would extend the jurisdiction of the United States over us, but from the feeling which prevailed in congress, with regard to this country, and the sentiments set forth by the president, previous to the notice being given, there can be no doubt that, now the notice being given, the boundary line is, in all probability, finally settled.
We shall, in a few months at the farthest, be again living under, and enjoying the protection of, the stars and stripes of our loved country, and, ere long, we may reasonably hope, be added to the brilliant constellation of states.
The law establishing the postoffice department needs altering, very materially. It was found, after being in operation but a very short time, that the rates of postage were altogether too high, amounting to a prohibition. Very few letters passed through the office ; the revenue arose almost entirely from the postage on newspapers, but fell so far short of the expenses, that the postmaster general, at the close of the third quarter, stopped sending the mails. I would recommend that the rates of postage be reduced to five cents on each single letter, double letters and packages in proportion, and one cent on each newspaper. A mail route should be kept up between the principal sections of the territory ; and I have no doubt, if the postage is reduced, the revenue, arising from the receipts of the office, will nearly or quite pay the expenses.
The act passed at the last session of the legislature, entitled "An act to prevent the introduction, sale, and distillation of ardent spirits in Oregon," is one I should recommend for revision ; there are several points that are thought to be defective. The organic law provided that the legislature shall have power to pass laws to regulate the introduction, manufacture, or sale of ardent spirits. It is held that the power to prohibit the introduction, manufacture, or sale is not granted by the organic law. Another objection is that the fines collected under the act shall go, one half to the informant and witnesses, and the other half to the officers engaged in arresting and trying; in fact, making the witnesses and judges interested in the case. The 4th section makes it the duty of any officer, or any private citizen to act whenever it shall come to their knowledge, that any kind of spirituous liquors, are being distilled, or manufactured, in Oregon. It would be much better if it were made the duty of the sheriff of each county to act, whenever he should be informed that any liquor was being made or sold in his county, and authorize him to raise a sufficient posse to aid and assist him in enforcing the law. We have, as a community, taken a high stand in the cause of temperance ; among our earliest efforts may be found the abolishing of ardent spirits from our land, and to this, in a great measure, may be attributed our peace and prosperity. No new country can be pointed out where so much harmony prevailed in its first settlement as in this — laws, we had none, yet all things went on quietly and prosperously. I have no doubt if ardent spirits are kept within their proper bounds, we shall continue prosperous.
It is said by some, we have no right to say what a man shall make, or what he shall not make ; yet, we find in all large cities, certain manufactories are forbidden to be carried on within the limits of the city, because they annoy the inhabitants, and hence are declared to be public nuisances, and by law are compelled to be removed ; and, if the city increase and extend to the place where ​they are re-
located, they are removed again. Intoxicating- drink is an enormous public injury, and private wrong; its effects, in every way, shape, and form, are evil, and therefore should be restrained within proper limits by law. It deprives the wife and children of the inebriate, of the support and protection they have a right to expect from him ; it deprives community of the labor which constitutes a nation's wealth, for it is a well-known fact that a nation's wealth is made up of individual labor ; and every day, therefore, lost by the laborer, caused by the effects of alco- holic drink, is a loss to the community at large. Persons who have become habit- ually addicted to ardent spirits, hearing that we had excluded that poison from our land, and, believing they never could be free if they remained near its influ- ences, have left their homes and crossed the Rocky Mountains to escape the ruin that threatened them. Shall they be disappointed? During the last year, persons, taking advantage of the defect in our law, have manufactured and sold ardent spirits. We have seen the effects (although the manufacture was on a small scale) in the midnight carousals among the Indians in our neighborhood during their fishing season while they had property to dispose of. And, let me ask, what would be the consequences if the use of it should become general in the country, and among the different tribes of Indians in the territory ? History may hereafter, write the page in letters of blood ! And, what are the consequences, as presented to us in the history of older countries, of an indiscriminate use of ardent spirits? Almshouses, hospitals, prisons, and the gallov/s. I v/ould therefore recommend that but one person, and that person a physician, be authorized to import or manu- facture, a sufficient quantity to supply the wants of the community for medicinal purposes ; to dispose of no liquor, except when he knows it to be necessary, or on an order from a regular physician, stating that the person applying stands in need of it for medicinal purposes, and to physicians to be used in their practice. The person so empowered to import, manufacture, and sell, to keep a record of the quantity manufactured, or imported; also a record of the quantity sold, or dis- posed of, and to whom, and name of physician, on whose certificate given. This would be attended with but little trouble, and might be required to be given under oath. Many articles require alcohol to dissolve them ; this could be done by taking the article to the person appointed, and having the alcohol put into the ingredients in his presence. Section 5th, I would recommend to be altered, so that the fines should go one half to the informer, and the other half into the treasury. I would recommend that the penalties be increased. If the indiscriminate sale of liquor be admitted an evil, no good citizen can wish to be engaged in it. Why should the majority suffer, to benefit a few individuals?
I have said more on this subject than I should have done, did I not fear an attempt will be made to break down the barriers raised by the early settlers of this land. Much of our prosperity and happiness as a community depend upon your action in this matter.
There will be several proposals laid before you, in regard to locating the seat of government ; but under the present aspect of affairs, I think it best to postpone the subject for the present.
A subject of great importance to us, as a people, presents itself in our com- mercial regulations. That this will be a commercial nation there can he no doubt in the mind of any person acquainted with our location ; it, therefore, is our duty to commence preparing the way for shipping to enter our harbors.
The first requisite for the mouth of the Columbia river, is a good pilot or pilots. Many ships employed in the whale fishery would, no doubt, enter our river, and remain with us during the winter, if they were sure of obtaining a good pilot to bring them in safely over the bar, and conduct them out when ready for sea. Vessels can, without doubt, enter and depart from the mouth of the Columbia river, with as much safety as they can the majority of the seaports in the United States ; and it needs only a careful pilot, well acquainted with the currents, land- marks, and shoals, to make it perfectly safe for vessels to enter our port. I, therefore, recommend that a branch be established at the mouth of the Columbia ​
river ; and that a board of commissioners be appointed, whose duty it shall be to examine all persons applying for a license to act as pilots, as to their capability
so to act.
Connected with this is the means to prevent seamen from deserting. If sea- men are at liberty to leave their vessels, and secrete themselves among the inhab- itants, or be provided for and protected by them until their vessels leave, we can never hope to see vessels frequent our ports, for the purpose of refitting and obtaining supplies. I, therefore, recommend that a heavy penalty be imposed on any person who shall entice a seaman to leave his ship, or who shall harbor, secrete, or employ, or in any wise assist a deserter.
This may appear severe, but when, on reflection, we consider that these men voluntarily entered into a contract to perform certain duties, and that the safety of the vessel they belong to, and the lives and property on board, depend on their faithfully fulfilling their contract, the severity vanishes at once. We should consider that a vessel lightly manned (which must be the case if part of the ship's crew desert, as there are no seamen here to supply their places, runs great risks in working out of our harbor — a risk that shipmates and ship- owners will not be likely to run. Unless regulations be made that will prevent desertion, owners of vessels will avoid our ports, and without vessels, the produce of the farmer must remain on his hands, and in this way work an injury all around, and one that will be felt by all classes in the community.
Our courts, as at present regulated, have not answered the expectations of the framers of the law; but, as the jurisdictions of our courts will soon cease, it will probably be not worth while to enter into any new arrangement.
I regret to be compelled to inform you that the jail erected in Oregon City, and the property of the territory, was destroyed by fire on the night of the i8th of August last, the work no doubt, of an incendiary. A reward of $icX).oo was immediately offered, but as yet, the offender had not been discovered. Should you think it best to erect another jail, I would suggest the propriety of building it of large stones, clamped together. We have but little use for a jail, and a small building would answer all purposes for many years I have no doubt, if we should be successful in keeping ardent spirits out of the territory. There is one subject which I would lay before you, in reference to the Indian population ; and that is the extent the law intends to allow the whites in their villages. Complaints are made by Indians, that they are encroached upon by the whites. Cannot some method he devised by which their villages can be surveyed, and stakes set, inside of which the whites may not be perrnitted to enter and build. The Indians inhabited their villages previous to our arrival, and should be protected by us. The time is, no doubt near at hand, when the agent of the United States government will be here, and these matters wijlbe arranged by him; but, until he arrives, I deem it necessary that some provision be made by you, as it may save trouble and difficulty.
Another emigration has crossed the Rocky mountains, and most of the party has arrived in the settlements. About 152 wagons reached this place very early in the season, via Barlow's road, for which a charter was granted him at your last session. About 100 wagons are on their way, if they have not already reached the upper settlements, by a southern route. They have, no doubt, been detained by travelling a new route. The difficulties attending the opening of a wagon road are very great, and probably will account, in some measure for their detention. The emigration falls very far short of last year, probably not numbering over one thousand souls. This is accounted for by a great part of the emigration turning ofif to CaHfornia.
We trust that those coming among us may have no cause to regret the decision that brought them to Oregon. I would call your attention to the subject of education, without which no country can be prosperous ; it, therefore, becomes the duty of the legislature to provide liberally for the education of
Geo. Abernethy.
Oregon City, Dec. 1, 1846."
On motion of Mr. T'Vault, the governor's message and accompanying documents, were referred to committee of the whole, and made the special order of the day for tomorrow."
This pioneer governor's message not only shows the character of the questions which the pioneer law makers and state builders had to wrestle with, but it shows also the common sense, great responsibility and patriotic conscience which these men brought to the discharge of their duties.
On December 5th, 1846, representative T' Vault reported from the judiciary committee a bill to regulate the writ ad quod damnum; which was sufficiently learned and profane to suit the most fastidious member of the Oregon Bar Association.
On December 9, the legislature passed the following resolution:
"Resolved: That the select committee on the National railroad, be instructed to memorialize the congress of the United States on that subject." There was at that time not a mile of railroad within three thousand miles of Oregon City; but Oregon was not to be behind on this subject, and got its first railroad connection across the continent thirty-seven years later by the hands of Henry Villard, via the Columbia river and Spokane and St. Paul.
On December 17th, 1846 Governor Abernethy vetoed a bill to regulate "the manufacture and sale of wine and distilled liquors;" and as this is a live issue in Oregon politics today, we give the message in full:
Oregon City, Dec. 17, 1846
"Gentlemen: I return to your honorable body the act entitled, 'An act to regulate the manufacture and sale of wine and distilled spirituous liquors,with my objections to the same.
Previous to our organization as a provisional government, public sentiment kept liquor from being manufactured or sold in this territory. Heretofore, every act of the legislature has been, as far as ardent spirits were concerned, prohibitory in character. The act laying before me is the first act that has in any manner attempted to legalize the manufacture and sale of ardent spirits. At the session of the legislature in June, 1844, an act was passed to prevent the introduction, sale, and distillation of ardent spirits in Oregon; and as far as my knowledge extends, the passage of that act gave satisfaction to the great majority of the people throughout the territory. At the session of December, 1845, several amendments were proposed to the old law, and passed. The new features given to the bill by those amendments did not accord with the views of the people; the insertion of the words 'give' and 'gift' in the first and second sections of the bill, they thought was taking away their rights, as it was considered that a man had a right to give away his property if he chose. There were several objections to the bill, which I set forth to your honorable body in my message. I would recommend that the amendments passed at the December session of 1845, be repealed; and that the law passed on the 25th of June, 1844, with such alterations as will make it agree with the organic law, if it does not agree with it, be again made the law of the land. It is said by many ​that the legislature has no right to prohibit the introduction or the sale of liquors, and this probably the strongest used in defense of your bill. But do you not as effectually prohibit every person who has not the sum of one, two, or three hundred dollars to pay for his license, as does the law now on the statute book? Are not your proposed fines and penalties, as great or greater than those of the old law? Where, then, is the benefit to the people? There is no doubt in my mind, but that the law will be evaded as easily, and as often, under the new law, as it was under the old, and, in addition to this, there will be the legal manufacturers, importers, and sellers, who will be able, under the sanction of law, to scatter all the evils attendant upon the use of alcholic drink. We are in an Indian country; men will be found who will supply them with liquor as long as they have beaver, blankets, and horses to pay for it. If a quantity should be introduced among the Walla-Wallas, and other tribes in the upper country who can fortell the consequences—there we have families exposed, cut off from the protection of the settlements, and perhaps at the first drunken frolic of the Indians in that region, they may be cut off from the face of the earth. But we need not go so far; we are exposed in every part of our frontier, and when difficulties once commence, we cannot tell where they will cease.
It has been proved before the house of commons, that one-half of the insanity, two-thirds of the pauperism, and three-fourths of the crimes of Great Britian, may be directly traced to the use of alcholic drink. The testimony of our most eminent judges in the Unites States, shows that the same proportion of crime is attributable to ardent spirits in that country. Statistics might be produced, showing the enormous evil and expense of an indiscriminate use of liquor.
As to revenue, the small amount received for licenses, instead of being a revenue, would be swallowed up in the expenses attending trials for crimes, &c., caused by the crime of these licenses.
But, leaving all other countries out of view, let us consider our own state. Surrounded by Indians, no military force to aid the executive and other officers in the discharge of their duties, not a solitary prison in the land, in which to confine offenders against the law, and consequently no way of enforcing the penalties of the law. I think these things should call for calm and serious reflection, before passing your final vote on this bill. My opinion is, the people are opposed to legalizing the introduction and sale of liquor in this land. I may be mistaken, and therefore should be in favor of the old law, or something similar should be adopted, of referring the whole matter to the polls at the next general election. If the people say 'no liquor,' continue to prohibit; if they say, through the ballot box, 'we wish liquor,' then let it come free, the same as dry goods, or any other article imported or manufactured; but, until the people say they want it, I hope you will use your influence to keep it out of the territory.
It is with regret that I return any bill unsigned, but I feel that we both have duties to perform and when we think duty points out the way, I trust we may always be found willing to follow it.
Geo. Abernethy."
TREASURER'S REPORT.
State of the Treasury, December, 1846.
Funds in hand.
   ———— 126.15
$126.15
Liabilities.
Amount due H. B. Comp (Oregon City) $140.94
Amount collected of estate of Ewing Young 2,81 5-00
Scrip outstanding at this date, not paid 1,879.64
$4,835-59 Receipts since December i, 1846, to date.
Taxes from John R. Jackson, sheriff, Lewis county $24.58
Taxes from John R. Jackson, sheriff, Vancouver county. . . 57.73 Taxes from William Holmes, sheriff, Clackamas county... 115.00
License paid by R. K. Payne 100.00
License paid by H. N. Winslow 100.00
Absentee tax, paid by John R. Jackson (Vancouver) 10.00
$407.31
Taxes from John R. Jackson (error).
The receipts since December i, 1846, have been paid me
wholly in scrip. Interest paid on scrip, December 9 3.59
$403.72
Balance liabilities $4,431.86
John P. Brooks, Deputy Treasurer. December 9, 1846."
MESSAGE.
Of the Governor of Oregon Territory, December 7, 1847.
"To the Honorable the Legislative Assembly of Oregon Territory:
"Fellow Citizens: Contrary to the expectation of all who reside in this ter- ritory, you are again convened under the provisional government of Oregon. After learning that the boundary line question was settled, there was hardly a doubt resting in the mind of any individual with regard to the extension of the jurisdiction of the United States over this territory. We have been sadly dis- appointed, and hope, which was so fondly cherished, begins to sink into despair in the hearts of many.
Our situation is not a pleasant one, on account of the uncertainty of it. We may be in less than six months under the laws and government of the United States ; and we may, on the other hand, exist in our present state several years. This uncertainty will, no doubt, embarrass you in your proceedings. If we re- main as we are for any length of time, ways and means must be devised for raising a more extensive revenue. The laws should be published in a conven- ient form ; a fund set apart for treating with Indians, and many other things provided for that we have thus far dispensed with, but which must be attended to in order that we may carry out the principles under which we have asso- ciated.
This being the first session of the present congress, they will have more time fo devote to the formation of a government for this territory, than at the last session. The probability is that peace between the United States and Mexico will have been restored, and relieve congress from the cares and anxieties at- tendant upon a war, and also relieve the government from the very heavy ex- pense which must necessarily attend the carrying on of a war. The ​lead to the hope that among the first acts of congress will be the passage of an act to establish a territorial government in Oregon.
This will release us from our present embarrassments and place us under a permanent form of government. Hoping that this may be the case, I will call your attention to such subjects as are most pressing in their character, and which cannot well be dispensed with. The judiciary, as now regulated, answers every purpose required of it, and proves to be a far better system than the old one. There is one thing, however, needed very much in connection with it, and that is a prison. Should an offender be sentenced to imprisonment by the judge, there is no place in the territory to confine him, and consequently he escapes the punishment his crimes justly merit. This should not be so, and I hope you will provide means during your present session for the erection of a jail.
In my message of 1845, I recommended that in addition to gold and silver, wheat should be the only article used in the country as a legal tender. The legislature added treasury drafts and orders on solvent merchants. I would recommend the repeal of that part of the act which makes treasury drafts and orders on solvent merchants a lawful tender—receiving treasury drafts, however, in payment of taxes and debts due the government. Gold and silver are much more plentiful in the territory now than two years ago, and could be made the only lawful tender without detriment to the community; still, I think wheat had better remain in connection with gold and silver; it is a staple article, and can always be disposed of to merchants and others.
I would recommend an alteration in the law relating to the recording of land claims. The organic law requires that claims be recorded in the office of the territorial recorder. This answered very well while our population was small and nearly all living in one district, but our population is increasing rapidly and spreading over a large extent of country; new counties have been formed, and probably in a short time others will be set off and lands taken up still further from the territorial recorder's office than at the present time. In view of this, I think it advisable that you propose an amendment to the organic law making the clerk of the county court recorder of all land claims located within his county, and dispense -with the office of territorial recorder.
Our relation with the Indians becomes every year more embarrassing. They see the white man occupying their land, rapidly filling up the country, and they put in a claim for pay. They have been told that a chief would come out from the United States and treat with them for their lands; they have been told this so often that they begin to doubt the truth of it; at all events, they say he will not come till we are all dead, and then what good will blankets do us? We want something now. This leads to trouble between the settler, and the Indians about him. Some plan should be devised by which a fund can be raised, and presents made to the Indians of sufficient value to keep them quiet until an agent arrives from the United States. A number of robberies have been committed by the Indians in the upper country, upon the emigrants, as they were passing through their territory. This should not be allowed to pass. An appropriation should be made by you, sufficient to enable the superintendent of Indian affairs to take a small party in the spring, and demand restitution of the property, or its equivalent in horses. Without an oppropriation, a sufficient party could not be induced to go up there, as the trip is an expensive one.
The emigration the past season has been much larger than any preceding one, amounting to between four and five thousand souls. They have all arrived in the settlements, unless a few families should still be at The Dalles and Cascades, and scattered themselves over the territory. The most of them are farmers and mechanics; they will add much to the future welfare and prosperity of Oregon.
During the past year we have been visited by a number of vessels, some of them drawing more water than the vessels which have usually visited us. I ​ted us. I
am happy to say, they received full cargoes on board and crossed the bar in safety. The provisions of the pilot law have been carried out, and its good effects are already visible. The able pilot at the mouth of the river has made himself thoroughly acquainted with the channels and currents, thus diminish- ing the dangers formerly attending vessels coming into the river. The time is not far distant when our river will be entered with more ease and facility than many of the ports in the United States on the Atlantic coast; and captains will wonder why the entrance was so much dreaded, forgetting that they are reap- ing the benefits of experience.
The cause of education demands your attention. School districts should be formed in the several counties, and school houses built. Teachers would be employed by the people, I have no doubt, and thus pave the way for more ad- vanced institutions.
In closing, allow me to unite with you in expressions of gratitude to that Being who has preserved us during the past year, and granted us the blessing of health, peace and prosperity. May we continue to merit his mercies by acknowledging our dependence on Him and keeping His law before us.
Geo. Abernethy."
Oregon City, December 7, 1847.
Joseph Meek was appointed messenger to carry the news of the Whitman massacre to Washington City, and lay it before congress, and resigned his seat in the legislature and made that remarkable trip by horseback across the conti- nent in the middle of the winter of 1847-8.
The following extract from the letter of Hugh Burns, commissioner of the currency, to the legislature, dated Oregon City, February 8, 1849, ^^^^ show the troubles of that officer in financing the treasury of Oregon, in fighting the Indians at that date :
"On the 28th of March last, or near that time, the commissary general told me that when he was at The Dalles, it became necessary for him to take wagons and oxen, the property of Phelaster and Philemon Lee, to the amount of $250. I consented to give bonds to that amount and did so, but in a few days I was called upon by different persons for bonds for a very large amount. I refused to execute bonds to them until I could see the other two commission- ers, and when we met together it was thought best not to give any more bonds for any property, as we knew nothing about it ; so, for these reasons we re- fused to give bonds for any more of the property taken at The Dalles by the commissary general.
There is another matter I wish to explain ; it is this : When I commenced to collect funds, I was not able to obtain any money except orders on the stores in Oregon City; in consequence of this, it was impossible for the commissary general to obtain articles for the use of the army.
He told me he could get axes and spades, and these articles were very much wanted to make roads for wagons to pass up the Columbia river. Philip Fos- ter had subscribed $50, to be paid on the stores, and John B. Price $25, to be paid also on the stores. These gentlemen told me if I would give them twenty- five per cent premium, they would let me have cash, and I told them I would do so. Mr. Foster gave me $37.50, and I gave him a bond for $50. Mr. Price gave me $18.75, ^"^ I g'^ve him a bond for $25. This I did for the best. But should your honorable body think otherwise, I am ready to pay to this govern- ment out of my own funds, the amount of premium that I found at that time necessary to allow. I bring this to your particular notice, because it was noticed at the time by one of the presses of Oregon City. Whatever your decision on this point may be, I alone am responsible, as my two associates know nothing of the matter. The commissary general or his a?ent. A. J. Hembree, Esq., ob- tained a loan of $196.50, or thereabouts, from Thomas Justins, for which they agreed to get him a bond for $216.33. I ^^st refused to give the bond for that ​
amount, but the commissary general being very much in want of cash, and upon consideration, sooner than the money should be returned, I executed the bond to Thomas Justins for $216.35. All bonds issued by us bear interest at the rate of 10 per cent per annum, and all signed by the governor and counter- signed by the secretary of this territory. All the books and papers belonging are hereby transmitted for your examination.
Owing to the resignation of Gen. A. L. Lovejoy as one of the commis- sioners, and the absence of Dr. W. H. Wilson, this document will appear with but one signature.
(Signed) Hugh Burns, Commissioner."
Oregon City, February 8, 1849.
On February 10, 1849, some enterprising real estate agent applied to the legislature for a "charter" to enable him to get into the real estate business in the great northwest "on the ground floor." The legislature turned him down in the following resolution :
"Resolved: That it is not in the power of this house to grant a charter to any individual or company for treating for wild lands in this territory, or for holding treaties with the Indian tribes for the purchasing of lands."
On February 14th, 1849, the legislature amended the oath of office of the provisional government from the form set out on a preceding page to the fol- lowing :
"I do solemnly swear that I will support the constitution of the United States and the organic laws of the provisional government of Oregon, and faithfully demean myself inoffice, so help me God." Thus after recognizing the citizenship of the British subjects in the government for six years, they shut the doors to any further courtesies in that direction.
The last acts of the legislature and officials of the provisional government are dated February 16, 1849. On that day the legislature divorced John P. Brooks from his wife, Mary Ann; passed an act for the relief of Jason Wheeler; an act providing for weighing, assaying, melting and stamping gold coin. Against which last, act, Representative W. J. Martin filed a protest "because the act was a violation of the constitution of the United States," and made this territory a shaving machine by only allowing $16.50 for an ounce of gold dust.
The legislature then adjourned sine die ; and passes into history as the first and only state forming and successfully carrying on a provisional government on the American continent. And having during its existance of six years, two months of twenty-eight days, established courts, administered justice, punished crime, coined money, raised military forces and made war on the Indians, granted titles to land, and made laws which all obeyed, provided for common schools, education, religion and the public welfare.
The record now given of this pioneer legislature seems sufficient to show the character of the man and measures of the pioneer Provisional government of Oregon, every session of which was held within the territory this history is to cover.
The real pioneers were the men and women who came here before 1846. They did not know from any act of the United States whether this would be American or British territory. But they came to make it American. Those who came after 1846, took no chances. It was then decided to be United States territory. They came to reap where others had sown. They wanted security before they would move. The real pioneers put up the security and ran all the risks of the investment. The rooms of the Historical society furnish mute but incontestable evidence of the plain and simple lives of our pioneers. The ancient wagon, the primitive spinning wheel, and the rude weaving loom, all testify stronger than words, the slow advance from purely hand work to that of the hand made machine, taking the place of the hands. ​
I
The pioneers took little thought of wealth or station. They passed over millions of gold in Baker, Union and Grant counties, and on to the Willamette valley, to found a state on just laws, that should honor and bless mankind, after all the gold has been worn into impalpable dust.
When the king of Spain was anxious to found a state in the new world, of which Oregon was then an unknown fraction, he dispatched a royal decree in 1778, to his governor, Don Pedro Piernas, at old St. Louis, as follows:
"The source and origin of all empires has been the refuge and kind usage which men find in the gentleness of the laws. The evil administration of them is the greatest impediment to the building of a government; for not only are those who are present and exposed to them exasperated, but others are pre- vented from coming. Hence as our laws are extremely mild, they ought not to be obscured by ambition and self-interest."
Had our illustrious pioneers who set up a government at Champoeg on May 2nd, 1843, had a copy of this royal message before them, they could not have proceeded with more thought and consideration, for that piece of kingly wisdom, than they did.
All the actors in this temporary government were unpretentious plain men, men who were busily engaged in opening farms or establishing pioneer business interests. Not a single man from first to last in the whole six years existence of the provisional government, was found to be actuated by selfish motives or aspirations for power and place. The welfare of each and all of tTie little state was the ambition of every man who served the state. It is but a natural desire to praise the work of unselfish men. But a careful examination of their whole record, in comparison with the state governments, we have had, since the pro- visional government passed into history, will show, that the pioneer government was, all things considered, the best government that ever ruled the destinies of Oregon.
From his longer service to the provisional government, the governor, George Abernethy, was the most prominent member of it, and his name will go down to future ages as the best governor Oregon has had to this date. A plain un- pretentious citizen, with common sense for talent, and unswerving integrity for motive power, he faithfully, steadily, courageously, and conscientiously steered the little craft through all the dangerous rocks and shoals and bufifeting storms of rival sectarianism, Indian wars, British intrigues and opposition, until the infant state was safely housed within the aegis of the great republic.
The greatness of these brave pioneers and the granduer of their great achievment, has been yet scarcely recognized or appreciated. But as time rolls on and this city swarms with its hundreds of thousands, and its commerce covers the great Pacific, the genius and justice of the laws and institutions which these men founded will be seen to be far greater than any possible material pros- perity. And then the lengthening shadows of their colossal work and fame, will cover the whole land, and place their names among the greatest and best of mankind.
"O strange new state, that yet was never young. Whose youth from thee by gripping need was wrung; Brown foundling of the woods, whose baby bed Was prowled round by Injuns crackling tread. And who grew strong through shifts and wants and pains; Nursed, defended by men with empires in their brains. Who saw in vision, more states in their train ; With every hand upon a vassal oceans mane ; Thou, skilled by freedom, and by great events. To pitch new states, as old world men pitch tents, Thou, taught by fate to know Jehovah's plan. That man's devices can't unmake the real man.