# The Centennial History of Oregon, 1811–1912/Volume 1/Chapter 8

CHAPTER VIII 183-t-18-16
THE PROVISIONAL GOVERNMENT — A COUNTRY WITHOUT LAWS OR CIVIL GOVERNORS —
THE SCHEMING OF RIVAL SECTS AND INTERESTS THE GREAT WORK PERFORMED
BY THE PIONEERS — THE HEROIC AGE OP OREGON.
The organization of the Provisional Government at Champoeg on May 2nd, 18i3, has come to be regarded in Oregon very much as the Declaration of Inde- pendence adopted on July 4th, 1776, is regarded throughout the Nation. For fifty years this remarkable event received no public recognition although its or- ganization was a part of the records of the State ; and was known only to the oldest pioneers as a veritable fact, and to others as a matter of history.
By the passage of a resolution at a meeting of its board of directors on December 16, 1899, the Oregon Historical Society authorized its Committee on Memorials to identifj' and mark with a stone monument the site of the organiza- tion of the Provisional Government at Champoeg. Gov. T. T. Geer, at the request of Lewis B. Cox, Chairman of the Committee on Memorials of this Society, secured an appropriation of three hundred dollars at the session of the legislature in 1900, with which to defray the expense of a small stone monument. On May 3d, 1900, accompanied by Francois Xavier Matthieu, the only survivor of the notable meeting of fifty-seven years before. Gov. Geer, with the aid of I\Ir. Matthieu and George H. Ilimes, Secretary of the Oregon Pioneer Association, identified the site and marked it. Afterwards the owners of the premises deeded a small piece of ground to the Oregon Historical Society in trust for the State, a contract for the monument was made, and on May 2, 1901, it was unveiled in the presence of several thousand people. Judge Charles B. Bellinger, vice- president of the Oregon Historical Society, presided. Gov. Geer made an intro- ductory address, Harvey W. Scott delivered an historical address. Rev. Harvey K. nines, D. D., made an address on the "Missionary Element in the Making of Oregon," and Hon. John Minto, a pioneer of 1844, gave an address on "The Relation of the American Settlers and Mountain Men to the Provisional Govern- ment. ' '
Since 1901 there has been an annual celeliration at Champoeg, and with each recurrence of the event a number of persons became deeply impressed with its historical importance and imbued with the determination to secure sufficient ground adjoining the monument for a state park. Through the personal efforts of Mr. Joseph Buchtel, beginning six years ago, aided by Mr. Matthieu and others, tliis has finally^ eventuated in the purchase of the land to be held in perpetuity by the state as a memorial of the founding of American principles ​
159
and policies on the Pacific coast. For these reasons it is deemed worthy and appropriate to devote a separate chapter of this book to an examination of the circumstances and reasons that led up to this unique pioneer government — the only one of its kind in American history.
There can be no civil government anywhere without resolute, independent, thinking, self-reliant men. When Hall J. Kelley who had advertised the coun- try more than all other persons or agencies combined, reached Oregon in 1834, and found here the Methodist Missionarj', Jason Lee, there were already in the country about twenty-five American mountaineers, who had drifted into the "Wil- lamette Valley as trappers, and in other ways not necessary to mention^ — most of whom had Indian wives. These men had decided to stay here and make their homes here. Up to this time the Hudson 's Bay Company had discouraged all per- manent settlements, even of their own retired trappers and servants, for the rea- son that the company wished to preserve Oregon as a great game preserve — mere hunting grounds. Dr. McLoughlin had set aside this rule in the case of Etienne Lucier, who wanted to go to farming and even proffered help to Lucier ; but did so with the express understanding that Lucier should be kept on the Fur Com- pany's books as one of their servants — and not as an independent settler or citi- zen. And that rule was to apply to all Hudson's Bay Company employees. So that it was plain that if there was to be any government for protection of politi- cal rights outsi'de of the control of the Hudson's Bay Company (no matter what McLoughlin 's private opinions were), such government must originate with and be organized and maintained by the Americans, independent of, if not in open opposition to, the influence of the Great Fur Company monopoly.
Naturally enough the first question that came up among these Americans would be^ whose country is this? And under what flag and government are we to live ? They could see, and were made to feel that the Hudson 's Bay Company represented the British Government, the historical and implacaible enemy of the government they preferred; and that it had a thousand times greater ability to prevent, suppress, and destroy any organization they might attempt than they had to build it up. Any organization seemed hopeless. And yet the desire for, and an impulse towards, an organization was manifested among these rough moun- taineers as early as 1834 when they found an educated American citizen who might become a leader had come into the Willamette Valley. These rough unedu- cated mountaineers were not destitute of the natural alertness and shrewdness which comes to the relief of men in desperate circumstances. But on the con- trary their trials and dangers on the frontier, and with the Indians had developed and quickened their perception so that they were prompt to discover their true position in the country. They were not interested in maintaining Oregon as a game preserve for the Hudson's Bay Company. They could see nothing in that for the future of an American who had a desire to live as his fathers had. There was nothing in trapping beaver for the Company but the bare living which the Company employees from Canada got at sixty dollars a year. That did not appeal to Americans. And so the line of cleavage started. The Americans look- ing forward to a settled country devoted to agriculture, with schools, towns, churches, civilization and commerce. The H. B. Co. and the Canadians under the influence of the Company, contented and determined to -keep the country in its
THE CHNTENNIAL HISTORY OF OREGON 1(31
And here at lliis jiiiirtiire arose tlie coiile.sl lieUveeii the I'rutestants and the Catholies. 'I'he rroteslaut Jiiissionaries were first iu the Oregon field. They haii eoiiie out to save the Indians, and especially the Indians that had been hunt- ing for the ■■Book of Ileaxeii." The record does not show at any point, in meet- ings back in the States, or in any wise liere in Oregon, that the Protestant mis- sionaries had at any time considered the si)iritual salvation of the American mountaineers like ileek, Newell, Doughty and their companions. But on the con- trary, as these mountaineers had a very low opinion of Indians in general, the Protestant missionaries rather avoided or at least ignored them as God-forsaken sinners, whose example would militate against the conversion of the heathen. But the Catholic priests, in their object and purpose of coming to Oregon, occu- pied a position directly opposed to that of the Protestant missionaries. The Catholies had answered a call from their fellow religionists, settled in the Wil- lamette Valley. They were brought out from Canada to Oregon by the Hudson's Bay Company to minister to the Catholic employees of the Company and their discharged employees settled in Oregon — all white men, or half white men — members and communicants of the Catholic church. That the Catholic priests did preach to and teach Indians was quite true ; but that was not their motive in coming to Oregon. Father De Smet was the Catholic who came to Oregon to con- vert the Indians. He had no connection with the Hudson's Bay Company, and was an ardent American citizen who followed the American flag and defended the principles, constitution and laws of the American government under all circumstances.
Here, then, was the line of cleavage between the Americans and Protestant missionaries on one side, and the Hudson's Bay Company (Englishmen) and the Catholics on the other. The Catholic priests must perforce support the British side, because they were themselves, as also all their membership, subjects of Great Britain. The American mountaineers having no religious associations must perforce support the Protestant missionaries because they were all Ameri- cans in favor of holding the country against England and the Hudson 's Bay Com- pany. From the time Jason Lee came over the mountains in 18:54 until the time Vicar General Blanchet came in 1838, the question of a government, provisional organization, or preferably territorial organization b.y Congress, was talked of in a general way as a desirable movement to be accomplished sometime. But the settlers w^ere all friendly with each other and no lines were drawn until the Catholic leader came to the front. He was at once discovered to be a man of force and ability, and a great organizer. If Blanchet had not come to Oregon there would not have been a contest about an organization. For no matter how much the Fur Company, or the British Government might have been opposed to a Provisional Government, there was no man on the ground to organize the forces against it but Blanchet. ]\IcLoughlin was at the head of the Fur Company and had all the ability, and all the resources, and far more than Blanchet to organize opposition to an American organization but he had no disposition to do so. Why he did not do so has always been a puzzle to historians. He was condemned by his employers and lost his position and a salary of twelve thousand dollars a year because he befriended Americans who were in want for food and clothing. But he might have humanely assisted every naked starving American immigrant, as he did, and yet effectively opposed the organization of a Pro ​visional govern-
meut. But he did not oppose it. And his course was such, that when the- Brit- ish oificers, Warre and Vavasour, made their military reconnoissance in 1845, they say in their report to the British Government :
' ' In conclusion we must beg to be allowed to observe, with an unbiased opin- ion, that whatever may have been the orders, or the motives of the gentlemen in charge of the Hudson's Bay Company's posts on the west of the Rocky Moun- tains their policy has tended to the introduction of the American settlers into the country."
The only explanation of McLoughlin's course consistent with common sense, and his honor as a man, is that he did not regard himself as the Agent of the British Government to oppose settlements by the Americans, although he was a British subject. And in the light of what McLoughlin did in apparent opposi- tion to British claims to the country, and his subsequent course in becoming a citizen of the United States, there should be no doubt that he thought that the United States had a just right to the country, and that settlement and organiza- tion under American laws and ideas would be best for the country and for the people. But other subjects of Great Britain and especially the Catholic settlers under the tutelage of their religious teachers, took a different view and a different attitude from that of McLoughlin. But that there was opposition open or con- cealed to an American government cannot be doubted. In Wyeth 's memorial to Congress made after his return from Oregon in 1838, he says: "A population is growing out of the occupancy of the country that is not with us ; and before many years they will decide to whom the country belongs, unless in the mean- time the American government shall make their power felt and seen to a greater degree than has yet been the case. ' '
The first semblance of authority of government in Oregon came from the Hudson's Bay Company, and through the initiative of John McLoughlin. Prior to the settlement of Americans in the Willamette Valley the authority of Mc- Loughlin was absolute, and whatever he ordered to be done that was the law, and no Hudson's Bay Company man thought of disputing it. Under the British Charter the Governor and Council of the Company had authority to try its own employees for any crimes committed on the Company's plantation, forts, fac- tories, or places of trade, or make war on any unchristianized nation. But as the Americans could not be ranked within this category McLoughlin procured an act of Parliament to be passed providing for the appointment of Justices of the Peace in different parts of the country, and under which James Douglas was appointed Justice of the Peace at Vancouver, with authority to try minor of- fenses, and to arrest persons charged with serious crimes and send them over the mountains to Canada for trial. But as the Americans could not be subjected to these officials of the Hudson's Bay Company, the Methodist missionaries in 1839 attempted to set up some sort of authority to maintain public order and protect life, and thereupon appointed two persons to act as magistrates. This was done without co-operation of the settlers but was tactily approved and acquiesced in. Under this authority David Leslie was appointed a justice of the peace; and afterwards when T. J. Hubbard was arrested and tried for killing a man who at- tempted to enter his (Hubbard's) cabin through the window, Leslie called a jury of the settlers, took the evidence and Hubbard was tried and acquitted being the first trial by jury in Old Oregon. ​
THE CENTENNIAL HISTORY OF OREGON ](;:3
Meanwhile these tentative efforts to establish some sort of rule or authority in the country to protect life and property were going on, other efforts were being quitly pushed forward to secure some recognition if not protection from Con- gress. The lirst step in this direction was taken in March, 1838, when a memor- ial was prepared, signed and sent to Senator Linn of Missouri who presented the document to the United States Senate on January 28th, 18:5!). This memorial set forth to some extent the natural resources and social condition of the coun- try. Himes and Lang's history says that this memorial was signed by "J. L. Whitcomb and thirty-five other settlers," while Bancroft's history recites that "it was signed by ten preachers and laymen, Ewing Young and ten other col- onists, and nine French Canadians." It was the first appeal to the Congress of the United States for recognition and protection, and for that reason alone is of great historical interest, it was doubtless the work of Jason Lee, who before the memorial was drawn up and signed made a trip to Umpqua Valley to see what was there, and on his return called a meeting of the settlers to consider the sub.ject of the memorial. Banci'oft's history, citing Edward's sketches of Oregon MSS. says that P. L. Edwards was Lee's instrument in drafting the memorial. "i As that memorial was important historically and otherwise, the following paragraph is copied: "We are anxious when we imagine what will be, what must be, the condition of "so mixed a community, free from all legal restraint and su- perior to that moral influence which has hitherto been the pledge of our safety. 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 destinies of our posterity will be intimately affected by the char- acter of those who immigrate. The territorj' must populate — the Congi-ess of the United States must say by whom. The natural resources of the country, with a well-judged civil code, will invite a good community ; but a good community will hardly immigrate to a country which promises no protection to life or property.
ulterior resort of self defense. * * * We have thus briefly shown that the security of our persons and our property, the hopes and destinies of our children, are involved in the subject of our petition. We do not presume to suggest the manner in which the country should be occupied by the government, nor the extent to which our settlement should be encouraged. We confide in the wisdom of our legislators, and leave the subject to their candid deliberations." This first petition to Congress for protection to the infant Colony in Oregon was read in the United States Senate, laid on the table. But prior to the receipt of this memorial, Senator Linn had on his own initiative introduced a bill in the Senate, authorizing "The occupation of the Columbia or Oregon river; organizing a ter- ritory north of latitude 42° and west of the Rocky Mountains, to be called Ore- gon Territory ; providing for the establishment of a fort on the Columbia, and the occupation of the country by a military force, establishing a port of entry.
1 Philip L. Edwards was a layman who came to Oregon with Jason Lee, in 1834, on a salary to help establish the Methodist Mission among the Indians. He was a Kentuckian by birth, twenty-three years of age when he reached Oregon, a lover of order and refinement; but knew well how to accommodate himself to the crudities of frontier life and manners. He never considered himself a missimiary ; and afterwards returned to Missouri, studied law, and did military duty against the Mormons in 1841. Tn 18.50 he emigrated to Cali- fornia, settled in Nevada County, engaged in politics as a Whig, afterwards as a Repub- lican, and died May 1st, 1869. ​
and requiring that the country should be held subject to the revenue laws of the United States. Congress took no action on this bill. ' '
In June, 1840, Senator Linn presented another memorial from Oregon, signed by seventy Americans, from which is taken the following extract :
"Your petitioners represent that they are residents in Oregon Territory, and citizens of the United States or persons desiring to become such. They further represent that they have settled themselves in said Territory under the belief that it was a portion of the public domain of the United States, and that they might rely on the Government thereof for the blessings of free institutions and the pro- tection of its arms. But your petitioners further represent that they are unin- formed of any acts of said Government by which its institutions and protection are extended to them; in consequence whereof, themselves and families are ex- posed to be destroyed by the savages AND OTHERS THAT WOULD DO THEM HARM. And j^our petitioners would further represent that they have no means of protecting their own and the lives of their families, other than self-constituted tribunals, organized and sustained by the power of an ill-instructed public opin- ion, and the resort to force and arms. And your petitioners represent these .means of safety to be an insufficient safeguard of life and property. Your petitioners therefore pray the Congress of the United States to establish a ter- ritorial government in Oregon Territory."
The above memorial is supposed to have been drafted by Rev. David Leslie, who was also the first justice of the peace. The words "and others that would do them harm" in the memorial was intended for the Hudson's Bay Company, and from all the surrounding facts, were wholly unjustified. The Hudson 's Bay Company in Oregon was then under the control of Dr. John McLoughlin, whose kindness and humanity had been so often and widely extended to starving immi- grants that no denial of the false 'accusation was necessary. If McLouglilin, or his Company, had desired to destroy or drive out the American settlers all that was necessary was for them, for such bloody work, was to give an intimation to the Indians, and every American settler would have been murdered within a week. At the time this last memorial was sent to Congress, thirty-five years after Lewis and Clark was here, the population of Oregon, exclusive of Hudson 's Bay employees, was about two hundred men and women adults. Of these about one- sixth were Canadians French; nine-tenths of them lived west of the Cascade mountains, and nearly all of that number in the Willamette Valley.
Having by these memorials made known their necessities and desires to Con- gress the people patiently waited for action. But the American Congress was too busily engaged in schemes down in the region of the Lone Star of Texas. The extension of slavery, and the balance of power between the free and the slave states was already then affecting and coloring every political movement very much as the tariff' and the trusts are at this day controlling the political and industrial life of the Nation. And thus matters dragged along in the far distant uneventful silence of Old Oregon until one of those sad dispensations of Providence that must come to all, fell upon the little American community on the Willamette — the death of Ewing Young. Young had come to Oregon from California with Hall J. Kelley in the same year that Rev. Jason Lee arrived overland from the Atlantic states. But instead of carrying a commission to preach the gospel as Lee had, it was his misfortune to be denounced by the ​
THE CENTENNIAL HISTORY OF OREGON 1C,5
.Mt'xican governor of Oalilornia as a liorsu-thiut ami Dr. .IdIiii .McLout^'liliii had l>ost('(l iij) the letter on a s\^t\ post in the Willaiiielte N'alley. ^■(lun.^■ was not a horse-thier, or a cattle rustler, as can he fouiiil in eeiiain ])arts of Oregon in It) 12; but he was an energetie liors(' trader, and during the seven years lie had elainied liis home in Old Oregon he had aeeuinulated more property than any other American citizen. But now he was dead, February 15th, 1841, leaving no known heirs, and a large property. The entire American population about Champoeg and the Missions attended his funeral ; and the fact of his property and the absence of heirs to claim it forced the necessity of some sort of a govern- ment so vividly upon the attention of the people that a temporary meeting was then and there held at this funeral of the man who had been denounced as a thief, to take steps to organize a government for Oregon. Mimes and Lang's History states that "A meeting of some of the inhabitants" was held on the Ttli of February, eight days before Young's death, "for the purpose of consult- ing upon steps necessary to be taken for the formation of laws, and the election of ofhi'ers to execute them." Jason Lee presided over this meeting, and ad- dressed the same advising the appointment of a committee to draft a Constitu- tion and laws for the government of that portion of the territory south of the Columbia. A committee was doubtless appointed, but no names are given. At Young's funeral on February 17th, a public meeeting was lield by the persons attending that funeral, of which meeting Jason Lee was made chairman and Gustavus Hines, another Methodist missionary^ was chosen secretary, and an- other person was added "to the Committee of arrangement, chosen *at a previous meeting." George W. Le Breton was made the additional committeman. Then follows these proceedings :
"Resolved — That it be reeommended that tiiere be a connuittee ,of seven elected for the purpose of drafting a constitution and code of laws, for the government of the settlements, south of the Columbia River."
It was tlien
"Rcsolvid — That all settlers, north of the Cohunbia River, not connected with the Hudson's Bay Company, be admitted to the protection of our laws, on making application to that affect."
The meeting then proceeded to advise the committee of arrangements, to propose the making of certain officers, to-wit : —
A Governor; a Supreme Judge, with probate powers; three Justices of the Peace; three Constables; three Road Commissioners; an Attorney-General; a Clerk of the Courts, and Public Recorder; one Treasurer; two Overseers of the Poor.
It was reeommended to nominate persons to fill the several offices, and that tiiey be chosen viva voce.
The meeting then resolved itself into committee of the whole, for the pur- pose of choosing candidates for the several offices, and after having nominated persons to till the various offices, it was
"Ii( solved — that the doings of the committee of the whole be dei)osited in the hands of the chairman, to be presented to the meeting tomorrow."
On motion, the meeting then adjourned, to meet at eight o'clock to​morrow.
Februarj^ 18, 1841.
At a full meeting of the inhabitants of Willamette Valley, at the American Mission House,
David Leslie was elected chairman, and Sidney Smith, and Gustavus Hines were chosen secretaries.
The doings of the previous meeting were presented to the assembly, and were accepted, in part; viz: —
That a committee be chosen for framing a constitution, and drafting a code of laws ; and that the following persons compose the committee, to-wit : —
Rev. F. N. Blanchet, Rev. Jason Lee, David Donpierre, Gustavus Hines, Mr. Charlevon, Robt. Moore, J. L. Parrish, Btienne Lucier and Wm. Johnson.
I. L. Babcock was appointed to fill the office of supreme judge with probate powers.
Geo. W. Le Breton was chosen to fill the office of clerk of courts, and public recorder.
Wm. Johnson was chosen to fill the office of high sheriff.
Xavier Laderaut, Pierre Billique, and Wm. McCarty, were chosen constables.
"Resolved — That, imtil a code of laws be adopted by this community. Dr. Babcock be instructed to act, according to the laws of the State of New York.
"Resolved — That this meeting now adjourn, to meet on the first Tuesday of June, at the new building, near the Catholic church. ' '
Tuesday, June 1, 1841.
An adjourned meeting of the inhabitants of the Willamette Valley, at the new building near the Catholic church, was called to order by the chairman.
On motion, the doings of the former meeting was read.
The report of the committee, for drafting a constitution and code of laws, was called for, and responded to by the Chairman and others, that no meeting of the committee had been held, consequently no report had been prepared.
Rev. F. N. Blanchet requested to be excused from serving further upon the committee to draft a constitution and code of laws, and was excused.
On motion,
"Resolved—That one person be chosen to make up the number of said com- mittee. ' '
Dr. Bailey was chosen.
On motion,
"Resolved — That this committee be instructed to meet on the first Monday in August, next."
On motion,
"Resolved — That this committee be instructed to report to an adjourned meeting on the first Tuesday in October, next."
"On motion,
"Resolved — That the committee, for drafting constitution and laws, be in- structed to confer with the Commodore of the American Squadron, and John McLoughlin, chief factor of the Hudson's Bay Company, with regard to forming a constitution, and code of laws, for this community.
"Resolved — That the motion, to adopt the report of the nominating com-
FRANCOIS XAVIER MATTHIEU
Sole survivor of Champoeg meeting, now 94 years of age, 1912. The man whose vote to organize the provisional government of 1843, under the American flag, most probably gave the territory of Old Oregon to the United States instead of Great Britain. ​
THE CENTP]NNIAL HISTORY OB' OREGON 167
"Resolved — That the committee to draft a constitution, etc., be iustructed to take into cousideratioii, the uumber aud liind of offices it will be necessary to create, in accordance with tlieir constitution and code of laws, and report the same to the next meeting, and that the report of the nominating committee be referred to said committee.
"Moved and carried, that this meeting adjourn, to meet at the American Mission House, at eleven o'clock, on the first Tucsdaj- in October next.
"(Signed) Sidney Smith,
"GUST.WUS HiNES,
"Secretaries."
There is no record of any meeting having been held on the first Tuesday in October of 1841. as was provided for iri the adjournment of the meeting of -Tune 1st, 1841.
The next meting of which there is any record of was held at the Oregon In- stitute (Salem) February 2, 1843, of which the following is the record:
"A public meeting, of a number of the citizens of this colony, was called, in order to take into consideration the propriety of adopting some measures, for the protection of our herds, &c., in this country.
' ' On motion,
"Dr. I. L. Babcock was called to the chair, who proceeded to state the objects of the meeting, and the necessity of acting.
' ' Mr. W. H. Gray moved, and Mr. Torn seconded the motion, — That a commit- tee of six be appointed to notify a general meeting, and report business, &c., which motion was carried, and Messrs. Gray, Beers, Gervais, Willson, Barnaby and Lucier, were appointed said committee.
' ' Mr. Beers moved, that a general meeting be called, at the house of Mr. Jos. Gervais, on the first Monday in March next, at ten o'clock A. M., which motion was carried.
"AV. H. Willson, I. L. Babcock,
"Secretary. Ghainnan. "
The next meeting was held according to the above adjournment, and has passed into history as, ' ' The Wolf Meeting, ' ' aud the following are the proceedings :
Wolf Meeting ' ' Journal
"Of a meeting at the house of J. Gervais 1st Monday in March, 1843.
"In pursuance of a resolution of a previous meeting, the citizens of Willamette Valley met, and the meeting being called to order,
"Mr. James O'Neil was chosen chairman.
"Mr. Mantine was chosen as secretary, but declining to serve,
' ' Mr. Le Breton was chosen.
"The doings of the former meeting were read.
"The committee, appointed to notify a general meeting and report business, made the following report, to-wit : —
"Your committee beg leave to report as follows:
" 'It being admitted by all, that bears, wolves, panthers, &c., &c., are destruc​
tive to the useful animals, owned by the settlers of this colony, your committee would respectfully submit the following resolutions, as the sense of this meeting, by which the community may be governed in carrying on a defensive and destruc- tive War against all such animals : —
" 'Resolved — 1st. That we deem it expedient for this community, to take im- mediate measures for the destruction of all wolves, bears, and panthers, and such other animals as are known to be destructive to cattle, horses, sheep, and hogs.
" '2nd. That a treasurer be appointed, who shall receive all funds and dis- pense the same, in accordance with drafts drawn on him, by the committee ap- pointed to receive the evidences of the destruction of the above-named animals; and that he report the state of the treasury, by posting up public notices, once in three months, in the vicinity of each of tlje committee.
' ' ' 3rd. That a standing committee of eight be appointed, whose duty it shall be, together with the treasurer, to receive proofs or evidences of the animals, for which a bounty is claimed, having been killed in the Willamette Valley.
'■ '4th. That a bounty of fifty cents be paid for the destruction of a small wolf; $3.00, for a large wolf; $1.50, for a lynx; $2.00 for the bear; and $5.00 for the panther.
'■ '5th. That no bounty be paid, unless the individual claiming said bounty give satisfactory evidence, or by presenting the skin of the head with the ears, of all animals for which he claims a bounty.
' ' ' 6th. That the committee and treasurer form a board of advice to call pub- lic meetings, whenever they may deem it expedient, to promote and encourage all persons to use their vigilance in destroying all the animals named in the 4th resolution.
■■ "7th. That the bounties, specified in the 4th resolution, be limited to whites and their descendants.
' ' ' 8th. That the proceedings of this meeting be signed bj^ the chairman, and Secretary, and a copy thereof be presented to the recorder of this colony. '
"On motion, the report was accepted.
' ' It was then moved and seconded, that the report be laid on the table, which was carried.
"It was moved and seconded, that the first resolution, in the report of the committee, be adopted, which was carried.
"It was moved and seconded, that a sum be raised, by contribution, for the protection of our animals, which was carried.
' ' It was moved and seconded, that the third resolution, as amended be adopted, which was carried.
"It was moved and seconded, that two collectors be appointed to receive all subscriptions, retaining five per cent, for collecting the same, and pay the amount over to the treasurer, taking his receipt for the same, which was carried.
"On motion, the fifth resolution was adopted.
' ' On motion, the sixth resolution, as amended, was adopted.
' ' On motion, it was
" 'Resolved — That no one receive a bounty (except Indians) unless he pay a subscription of $5.00.'
' ' On motion the seventh resolution was adopted.
"On motion, the eighth and ninth resolutions were adopted. ​
THE CENTENNIAL HISTORY OK OUKOON UiO
" It wan moved and set-oiuU'd, tluit the Indians reeeive one-liali' as much as the whites.
'■ It was moved ami sccoiuled tiiat ail eiaims, i'or bounlies, be presented williin ten days i'rom tiie time of becoming entitled to said bounties, and, if there should be any doubts, the individual claiming a bounty shall give his oath to the various circumstances, which was carried.
"On motion, W. H. Gray was chosen treasurer.
"It was moved, that Messrs. JMcRoy, Gei'\'ai.s, Mantine, 8. Smith, Doughty, O'Neil, Shortess, and Lucier, be the standing committee, which motion was carried.
"It was moved, that G. \V. Le Breton and Mr. Bridges be the collectors, carried.
"On motion, the first resolution was adopted.
' ■ ' h'vsulved — That no money be paid to any white, or his descendants, previ- ous to the time of his subscription.
" ' Kcsohrd — That the bounty of a minor child be paid to a parent or guardian.
" 'Resolved — That the draft for receiving subscriptions, lie drawn by ilr. Gi-ay and Mr. Le Breton.
" 'Resolved — That drafts on Fort Vancouver, the mission, and the nulling company, be received on subscriptions, as pa.yment.
" 'Resolved — That a committee be appointed to take into consideration the propriety of taking measures foi' llie civil and military protection of this colony.
" 'Resolved — That said connuittee consist of twelve persons:
" 'Messrs. Dr. Ira L. Babcock, Dr. E. L. White, James O'Neil, Robert Shortess, Robert Newell, Etienne Lucier, Joseph Gervais, Thomas Jeffer.son Hubbard, Wil- liam H. Gray, Solomon H. Smith, Charles ilcRoy and George Gay."
"On motion the meeting adjourned.
"G. W. Le Breton, James O'Neil.
' ' Secretary. President.
This record shows that up to this point, when the whole cjuestion of the or- ganization of a government was placed in the hands of a committee of twelve rep- resentative settlers, there was no discrimination in favor of the Protestant mission- aries, or against the Catholics or Canadian French. The Americans were in the majority, at all these preliminary meetings, and instead of ignoring or discrimin- ating against any class or religion, they carefully recognized all classes and relig- ions as fully entitled to participate in any proposed organization. Vicar General Blanchet was chairman of the committee of February 18, 1841, while Donpierre, Charlevon, Lucier, Laderaut, Billique and Le Breton, all members of the Catholic church, were on the committee with him or appointed to other important po- sitions. Yet, notwithstanding this, Blanchet resigned his trust in June, 1841. And although the meeting of M&rch 1, 1843, was appointed for and held at the house of a Catholic Frenchman — Joseph Gervais — who was also appointed a mem- ber of the final committee of twelve on organization — yet Blanchet was able to pull out every Catholic and Frenchman from the meeting of March 1, 1843, except Le Breton and Lucier. And to fully understand this movement in the wilderness of Oregon, attention is called to the fact that the })nlilic meeting at t ​he house of
Joseph. Gervais on March 1, 1843, had itself assumed to act as a government, had fixed bounties for the destruction of wild animals, that collectors be appointed, a standing committee appointed, oaths must be taken, drafts for money orders made, and a committee appointed to consider measures for the civil and military protection of a colony. The rugged issue was now to be faced and decided whether there should be a government to protect life and property, or whether there should be a condition of anarchy — and every man must show on which side of the line he stood.
The "Wolf Meeting" was held on March 1, 1843, and within four days there- after an address of the Canadian citizens of Oregon, and signed by fifty persons, was delivered to the foregoing committee of twelve.
It is evident from this address, which was said to have been drafted by Blan- chet, that the Catholics and French felt that they were being forced into an em- barrassing position, and that they should give the reasons for not uniting with the Americans to organize a government. But these Canadians were not desti- tute of apologists and supporters among influential Americans. George Aber- nethy, who afterwards became governor under the Provisional Government, at a debating society at "The Palls" (Oregon City) during the winter of 1842-3, offered a resolution to the effect that it would not be expedient to form an inde- pendent government, if the United States would within four years extend its jurisdiction over Oregon." And William Johnson, the only member of the first committee appointed to draft a constitution and laws who was not a Frenchman or a missionary, declared there was "not yet any necessity for laws, lawyers or magistrates." And when Capt. Wilkes, of the U. S. Exploring Expedition, was applied to for his support of the proposition to organize a government, he prompt- ly condemned the scheme for the reason "that only a small minority of the in- habitants desired to establish a government, that laws were not necessary, and would be a poor substitute for the moral code the people had followed this year." Nevertheless, the Americans had put their hands to the plow, and they refused to turn back.
Below follows the address of the Canadians :
"March 4, 1843.
"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 in- exhaustible 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.
"2nd. 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.
"3rd. 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 fron- tiers of the states fixed.
"4th. That we are opposed to the regulations anticipated, and exposed to consequences for the quantity, direction, &c., of lands, and whatsoever expense ​
for the same lands, because we have no direct guarantee from the government to come, and, perhai)s, tomorrow, all those measures may be broken.
"5th. That we do not wish a provisional mode of government, too self in- terested, and full of degrees, useless to our power, and overloading the colony in- stead 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 diffi- culties, 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 aU 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 necessary 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 gov- ernment shall have decided ; open to every individual wishing to settle, without any distinction of origin, and without asking him 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 i-eeoguized 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 must 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.
' ' ISth. That we do not forget in a trial, that before all fraud on fulfilling of liome 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 give for fraud.
"16tli. 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 guar​
172
THE CENTENNIAL HISTORY OF OREGON
ant}' of our rights and who are, or may become,
Xavier Laderout, Antoine Bonenfant, Andre La Chapelle, Pierre Papin, Louis B. VanDalle, Jean B. Ducharme, Fabien Maloin, Lue Pagnon, Etienne Gregoire, Amable Arquoit, Pierre Delard, Louis A. Van Dalle, Andre Sanders, Pierre Pariseau, Charles Rondeau, Andre Dubois, David Donpierre,
liberties; and such is the wish we make for all those our fellow covintrymen, etc., for long years of peace. "Signed by
Pierre Depot, Moyse Lore, Pierre Le Course, Gideon Sencalle, Thomas Moisan, Pierre Gauthier, X. Laderaut, F. N. Blanchet, Joseph Bernabe, Baptiste Deguire, Adolphe Chamberlain, Je.an Gingi-as, Alexis Aubiehon, Jean Servans, Michelle Laferte, Jean B. Dalcourse, Louis Osent.
Jean B. Aubiehon, Antoine Felice, Michel La Framboise, Joseph Gervais, Jean B. Papin, Olivier Briscbois, Thomas Roi, Louis Boivers, Andre Longtain, Alexis La Pratte, Pierre Beleque, Augustin Remon, Joseph Matte, Francois Bernier, M. Charlevon, M. Maitune."
After receiving the address of the Canadians, the Committee of Twelve ap- pointed at the meeting of March 1st, 1843, called a public meeting of all the citizens of the valley without regard to their nationality or religion to meet at " Champooick " on May 2nd, 1843, to finally decide the momentous question, whether there should be a government in Oregon or not. Rev. John S. Griffin, a Congregational minister, familiarly known in later life as "Father Griffin," rode all over the Willamette Valley to personally deliver the call of the Commit- tee to every settler and urge them to attend the meeting. And they came, both sides, — not all the Americans, however — honest, determined men. The day, and the hour for meeting arrives. The address of the Canadian citizens given on the preceding page was first read to the meeting ; and then the report of the Com- mittee of Twelve on organization. The issues between the contending parties were thus fairly shown. The feeling was intense.
Behold the picture; the Bishop of his flock, with centuries of training and culture in his face, holds the volatile children of the distant St. Lawrence on one side with steady poise, while over against them were many sturdy spirits— thirty-three from ten States of the North, four from four States of the South, nine from the United Kingdom, including Canada, and six from localities un- known — plainsmen, trappers — men inured to dangers and trials from boyhood to manhood — and missionaries of the Cross; and surrounding all, the sullen red men swathed in their fiery blankets, silently beholding the strange scene in wondering awe as to which of these must be his future master. To portray the scene demands the genius of a Michael Angelo, and when it is done true to history, the canvas will immortalize the painter.
We get a glimpse of the contending forces as they rally in coon skin caps and buckskin trousers on the banks of the Willamette May 2nd, 1843, to try out
MATTHIEU AT THE MONUMENT
The names of the fifty two men voting for organization are engraved thereon
THE CENTENNIAL HISTORY OP ORE(JON 17;!
the I'niy. enthnsiiii;- llieiii with the i);itriolic iiiaiiiteiuuici' of Ihoir principles, ami \\\\\\ (■(iiii'.-iuc lo iiiaiiilaiii Ihrir rights. I »i-. I. I., lialiciick is ciioseii chair- luaii of the lueetiufj;, and Win. II. (iray, George W. LeBreton and W. II. Willson. secretaries. The report of the Coniinittee of Twelve is read |>l•o|l^in>4■ a jilan for till' organization of a Provisional (Joverunieiit. The falcfiil lionr lias coiiie; the ehainiiau ealls foi- order; the ayes and noes arc called lor and against a gov- eriiiiicnt : the .Vmcricans vote seatteringly, hesitatingly ami inetfeetually. Then comes till' vote against a government, and the Hudson's Bay Company men I rained for the occasion, tire a solid shot, voting loudly and as one man: — everything seems lost for the Americans. A few brave spirits refuse to be beaten, will not admit defeat, and call for a division and polling the men. The division is or- dered by the chairman ; and pandemonium breaks loose. The Hudson's Bay men and Catholic Canadians rapidly mingle with the Americans to prevent division and bitterly remonstrate against any government organization. Neighborhood friendships, peace of the community, every consideration is recalled to prevent any action ; when suddenly, as if leaping out of the earth, springs forth the stal- \\art form of Joseph L. ileek, and shouts above the din of contending voices :
DIVIDE! DIVIDE! WHO'S FOR A DIVIDE!
All in favor of the American Flag, folhuv mc
Instantly the commotion is silenced. The Americans line up after the natural born leader of men, and as the lines lead out to the banks of the beautiful river, the decision hangs in the balance. The secretaries go down the lines of deter- mined men, resolutely facing each other with that grim courage which betokens the real heroes of a great cause ; and it looks fearfully like a drawn battle. Sud- denly a Frenchman — (the Frenchman has always helped Americans out when they most needed him) a Frenchman steps out from the ranks of those of his native land, conquers the greatest trial of his life, and Francois Xavier Matthieu slowly crosses over to the American side and takes rank with his fellow-country- man, Etienne Lucier — and Oregon is saved to the nation — fifty-two votes for or- ganizing the Provisional Government of Oregon, and fifty votes against.
"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 conununity.
"]Moved and carried, that a clerk of the court, or recorder, be chosen.
"Moved and carried, that a sheriflf be chosen.
"]\Ioved 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 pur- pose of drafting a code of law^s, for the government of this community, to be presented to a public meeting to be hereafter called by them, on the tiftli day of July, next, for their acceptance.
"A motion was made and cai-ricd. 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 till the vari- ous offices, by ballot.
"W. H. Willson was chosen to act as supreme .judge, with ju'dbate 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.
"W. H. Willson was chosen treasurer.
"Moved and carried, that the remainder of the officers be chosen by hand ballot, and nominations from the floor.
"Messrs. David Hill, Robert Shortess, Robert Newell, Alanson Beers, Thomas J. Hubbard, Wm. H. Gray, James 'Neil, Robert Moore, Wm. M. Doughty were chosen to act as the legislative committee.
"Messrs. Burns, Judson and A. T. Smith, were chosen to act as magistrates.
' ' Messrs. Ebbert, Bridges, ajid Lewis, were chosen to act as constables.
"Mr. John Howard was chosen mayor.
" 'Messrs. Wm. McCarty, C. McRoy, 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 coimnittee 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. Gampo 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-ajjpointed officers shall commence their duties, the meeting was again called to order, wihen
"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.
' ' Attest :
G. W. Le Breton."
The following account of what took place at the time the vote was taken to decide whether there should be an organization or not, was given to the author of this book by Col. Meek himself at the county fair in Washington county in September, 1867, and then in Meek's presence written down in a memorandum book. Says Meek :
"When the ayes and noes were called for adopting the report of the com- mittee, the ayes voted weak and scattering, ahd 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 men. The British all op- posed division, and mixed up with the Americans arguing against any organiza- tion. 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 the men separated.' I then stepped out, clear outside of the crowd, swung my hat in the air, sounded the war whoop and yelled at the top of my voice : ​
•• •DIVIDE! DIVIDE! \VIIO\S FOR A DIVIDE!
'All in farur of llu American Flag, folhw md'
"1 lliou^'lit tiR' appeal tu tlu' flag would catdi llicni, and it did, and every American lined up al'ter me. The secretaries then aeted as tellers and com- menced eountiug the men. As 1 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 Lueier. JIatthieu's vote decided it, for we oidy had two nuijority. The British then mounted their horses anil I'ude away, and we went on and completed our organization."
And so was born the tirst American government west of the Rocky Mountains.
The following are the names of the "immortals" who saved the day for American institutions on May 2nd, 1843. The fifty-two persons voting for the adoption of the committee's report were as follows:
Armstrong, Pleasant M. ; place of birth, New York ; born, 1815 ; church prefer- ence, Presbyterian; arrived in Oregon, 1840.
Babcock, Dr. I. L. ; place of birth, New York; church preference, Methodist; arri\ed in Oregon, 1840.
Bailey, Dr. W. J.; place of birth, Ireland; born, 1804: church preference. Episcopalian; arrived in Oregon, 1835.
Beers, Alanson; place of birth, Connecticut; born. ISOO; church preference, Methodist; arrived in Oregon, 1837.
Bridges, J. C. ; church preference, unknown.
Burns, Hugh; church preference, Presbyterian; arrived in Oregon, 1842.
Campo, Charles ; church preference, unknown.
Cannon, William; place of birth, Pennsylvania: born, 1755: church prefer- ence, unknown; arrived in Oregon, 1812.
Clark, Rev. Harvey ; place of birth, Vermont : born, 1807 ; church preference, Congregationalist ; arrived in Oregon, 1840.
Cra\^ford, Medorem; place of birth. New York; born, 1819; church prefer- ence, no choice ; arrived in Oregon, 1842.
Cook, Amos; place of birth, Maine; born, 1818; church preference, ilethodist; arrived in Oregon, 1840.
Davie, Allen J.; place of birth, Alabama; boi-n, 1816; church preference. Baptist ; arrived in Oregon, 1842.
Doughty, William il. ; place of bii-th. North Carolina ; born, 1812 ; church preference, no choice ; arrived in Oregon, 1841.
Ebberts, George W. ; place of birth, KentuckA- ; born, 1810 ; church preference. Baptist ; arrived in Oregon, 1833.
Fletcher, Francis; jjlace of birth, England; born, 1815; church prefei-enee. Episcopalian; arrived in Oregon, 1840.
Gay, George; place of birth, England; born, 1810; church preference, EpiscO: palian; arrived in Oregon, 1835.
Gale, Joseph ; place of birth. District of Columbia ; born, 1800 ; church prefer- ence. Episcopalian: arrived in Oregon. 1834.
Gray, William H. : place of birth. New York: born, 1810: church preference, Presbyterian ; arrived ​in Oregon, 1836.
Griffin, Rev. Jolm S. ; place of birtli, Vermont ; born, 1807 ; church preference, Congregationalist ; arrived in Oregon, 1839.
Hauxhurst, Webley ; place of birth. New York ; born, 1809 ; church prefer- ence, Methodist ; arrived in Oregon, 1834.
Plill, David ; place of birth, Connecticut ; born, 1809 ; church preference, Congregationalist; arrived in Oregon, 1842.
Howard, John; church preference, Presbyterian.
Holnian, Joseph ; place of birth, England ; born, 1815 ; church preference, Methodist ; arrived in Oregon, 1840.
Hines, Rev. Gustavus ; place of birth. New York ; born, 1809 ; church prefer- ence, Methodist; arrived in Oregon, 1840.
Hubbard, T. J. ; place of birth, Massachusetts ; born, 1806 ; church preference, unknown; arrived in Oregon, 1834.
Johnson, AVilliam ; place of birth, England ; born, 1784 ; church preference. Episcopalian ; arrived in Oregon, 1835.
Judson, Rev. L. H. ; place of birth, Connecticut ; born, 1802 ; church prefer- ence, Methodist; arrived in Oregon, 1840.
Le Breton, Geo. W. ; place of birth, Massachusetts ; bom, 1810 ; church prefer- ence, Catholic; arrived in Oregon, 1840.
Leslie, Rev. David ; place of birth, New Hampshire ; born, 1797 ; church preference, Methodist; arrived in Oregon, 1837.
Lewis, Reuben; place of birth. New York; born, 1814; church preference, Presbyterian ; arrived in Oregon, 1842.
Lucier, Etienne ; place of birth, Canada ; born, 1783 ; church preference. Catholic : arrived in Oregon, 1812.
ence. Catholic ; arrived in Oregon, 1842.
Meek, Joseph L. ; place of birth, Virginia ; born, 1810 ; church preference, Methodist; arrived in Oregon, 1829.
MeCarty, William ; church preference. Catholic ; arrived in Oregon, 1834.
McKay, Charles; place of birth, at sea (Scotch) ; born, 1808; church prefer- ence, Presbyterian; arrived in Oregon, 1841.
Moore, Robert ; place of birth, Pennsylvania ; born, 1781 ; church preference, Presbyterian ; arrived in Oregon, 1840.
Morrison, John L. ; place of birth, Scotland ; born, 1793 ; church preference, Presbyterian ; arrived in Oregon, 1842.
Newell, Dr. Robert; place of birth, Ohio; born, 1804; church preference. Episcopalian ; arrived in Oregon, 1840.
O'Neil, James A.; place of birth. New York; church preference, Methodist; arrived in Oregon, 1834.
Parrish, Rev. J. L. ; place of birth. New York ; born, 1806 ; church preference, Methodist; arrived in Oregon, 1840.
Piekernell, John E. ; place of birth, England ; church preference. Episco- palian.
Robb, James R. ; place of birth, Pennsylvania ; born, 1816 ; church preference, Methodist; arrived in Oregon, 1842.
JOSEPH BUCHTEL
The pioneer who raised the money to erect the monument and preserve the site of the Champoeg meeting
Russell, Osborn; plarc oi' liii-tli, Ohio; born, ISICI; clnircli prcferencp, un- known; aiTived in Oregon, 1S42.
Shortess, Robert; iilacc nf biilli, I'l^nnsylvimia : born, 1804; elum-li [irei'er- ence, Methodist; arrixcil in (>i'c^on. 1S4(I.
Sniitli, Alvin T. ; place oT birth, Oonnedirut ; liorn, 1.SU2 ; elnireh preference, Congregationalist ; arrived in Oregon, 1840.
Smith, Sidney; place of birth, New York; born, 1809; cluirch preference, unknown; arrived in Oregon, 1839.
Smith, Solomon II.; place of birth, New Hampshire; born, 1809; church preference, Congregationalist ; arrived in Oregon, 1832.
Tibbetts, Calvin; place of birth, Massachusetts; church preference, Congre- gationalist; arrived in Oregon, 1832.
Weston, David; place of birth, Indiana; born, 1820; church preference, un- known; arrived in Oregon, 1842.
Wilkins, Caleb; place of birth, Ohio; born, 1810; church preference. Baptist; arrived in Oregon, 1835.
Wilson, A. E.; place of birth. Massachusetts; church preference, unknown; arrived in Oregon, 1842.
Willson, Dr. W. H. ; place of birth. New Hampshire; born, 1805; church preference, Methodist; arrived in Oregon, 1837.
STATES OR COUNTRIES REPRESENTED
Alabama, 1 ; Canada, 2; Connecticut 4; District of Columbia, 1; England, 5; Indiana, 1; Ireland, 1; Kentucky, 1; Maine, 1; Massachusetts, 4; New Hamp- shire, 3; New York, lO"; North Carolina, 1; Ohio, 3; Pennsylvania, 4; Vermont, 2 ; Virginia, 1 ; Scotland, 1 ; Unspecified, 6. Total, 52.
Church preference : Baptists, 3 ; Catholics, 4 ; Congregationalists, 6 ; Episco- palians, 7; jMethodists, 14: Presbyterians, 8; unknown, 10. Total, 52.
GOVERNMENT AT CHAMPOEG, MAY 2, 1843
Aubichon, Alexis ; Aubichon, Jean B. ; Ausant, Louis ; Arquoit, Amable ; Bargeau, Cyfois; Beleque, Pierre; Biscornais, Pascal; Boivers, Louis; Bonenfant, Antoine; Briscbois, Alexis; Briscbois, Olivier; Brunelle, Joseph; Chalifoux, Andre ; Chamberlain, Adolph ; Cornoyer, Joseph ; Delard, Joseph ; Depot, Pierre ; Despart, Joseph; Donpierre, David; Dubois, Andre; Ducharme, Jean B. ; Felice, Antoine ; Forcier, Louis ; Gagnon, Luc ; Gauthier, Pierre ; Gervais, Joseph ; Gin- gras, Jean ; Gregoire, Etienne ; La Chapelle, Andre ; La Bonte, Louis ; Laderout, Xavier ; Laferte, Michelle ; La Framboise, Michelle ; Lalcoure, Jean B. ; Lambert Augustin; La Pratte. Alexis; Longtain, Andre; Lore, Moyse ; Matte, Joseph; Maloin, Fabien; IMongrain, David; Papin, Pierre: Pariseau, Pierre; Remon, Augustin ; Roi, Thomas ; Rondeau, Charles ; Sanders, Andre ; Senecalle, Gideon : Servant, Jaques; Van Dalle. Louis B.
part of good citizens by supporting the Provisional Government; and all became naturalized as soon as possible after the United States extended its jurisdiction over the "Oregon Country," March 3, 1849. ​
The above list was compiled by George H. Himes, secretary of the Oregon Pioneer Association foi* the past twentj'-eight years, and assistant secretary of the Oregon Historical Society since the date of its organization, December 17,. 1898. It is the result of careful investigation for over twenty-five years, and the information indicated was secured largely by personal intercourse with a number of the persons named.
By comparing the list of these who voted against organization with the list of those signing Bishop Blauchet's address against au organization, it will be seen that twenty-one Catholic Canadians including the Bishop himself, signed the address but did not attend the public meeting to vote against the Provisional Government.
The names of the French settlers were secured from Hon. P. X. Matthieu, who, as a merchant at Butteville for more than thirty years, had their names upon his books.
There has been much discussion of what did actually take place at the Cham- poeg meeting. It is evident upon the face of it, that what has been printed as ■the proceedings of that meeting is an imperfect report. The Hon. L. P. 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 ap- pended 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 sat- isfied 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 partisans of the purpose to form a government, and were actively advocating such purpose at the meeting, will explain why a fuller ac- count 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, Medorem Crawford, Robert Shortess, Wil- liam M. Doughty, George W. Ebberts and P. X. Matthieu.
But while much may have been lost of interesting history, there is the printed record of 335 octavo pages to show the minds, thoughts, sentiments, and prin- ciples 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 ex- clude the Canadians from any part in the work ; but on the contrary used all their influence to have them co-operate. At the meeting of Pebruary 2nd, 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.
That the Americans long and earnestly sought to have the Canadians unite with them in organizing a Provisional Government is proved by the statements of John McLoughlin. In a statement prepared by McLoughlin evidently to make clear his record, but not published in his lifetime, a copy of which was published by Mrs. P. P. Victor in the Quarterly of the Oregon Historical So- ciety, June, 1900, Dr. McLoughlin says:
"In the spring of 1842 the Americans invited the Canadians to unite with ​
TUE CENTKNNIAL HISTOliY OF OREGON 179
them and organize a temporary government, but the Canadians apprehensive it might interfere with their aUogianee, declined, and the project, which originated with the (Methodist) Mission, I'ailcd. * * * in 1843 the Americans again proposed to the Canadians to Join and I'orm a temporary government, but the Canadians declined for the same reason as befoi'e."
But after thus twice refusing to join with the Americans, and after the or- ganization had been completed, and declared that joining the Provisional Gov- ernment would not require any person to abjure their allegiance to any other government or king. Dr. MeLoughlin gave his support to the Provisional Gov- ernment and asked favors and franchises of it.
The legislative committee appointed on May, 2nd, went to work on May 16, 1843, as a legislative body, electing Robert Moore, chairman, and G. W. Le Breton, secretary ; and held sessions with prayers. On July 5th, 1843, a public meeting of all the inhabitants of "Oregon Territory" was held, pursuant to ad- journment to hear the report of the legislative conunittee, 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 conunittee, presented his report, which was read and accepted.
"Moved, by L. H. Judson, the report upon ways and means be accepted.
"Carried. "Movefl by J. MeLoughlin, that the first article of judiciary report be adopted.
"Carried.
"Moved, by L. H. Judson, second article be adopted.
"Carried.
"Moved, by C. McRoy, that the third article be adopted
"Carried.
"Moved, by J. Ilolman, 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.
"IMoved and carried, that the committee, for carrying into effect the nine- teenth 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 of the 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 Champooiek 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 serv- ices.
"Moved and carried, that the committee chosen to carry into effect the nine- teenth resolution, have access to all public records, and also to have authority to call upon any individual for information, necessary to carry out their instruc- tions.
"Resolved. That the chairman of this meeting, assisted by the Rev. Messrs. Lee, Clarke, and Leslie, be a committee to draft, and administer the oath of office, to the civil officers, elected on the second 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 cpalify all civil and military officers, to be elected by the people.
"Moved and carried, that the committee, to qualify officers, proceed to their 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 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 cast 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 (Mollala) 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 line 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 THE LEGISLATIVE COMMITTEE ON 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:
See. 1. We, the people of Oregon territory, for purposes of mutual protection, and to secure peace and prosperity among ourselves, agree to adopt the following laws and regulations, until such time as the United States of America extend their jurisdiction over us.
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 ​ation 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 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 gov- ernment, 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 ter- ritory otherwise than for the punishment of crimes whereof the party shall have been duly convicted.
Sec. 2, Art. 1. Be it enacted by the authority aforesaid that the officers elected on the 2d of May, inst., shall continue in office until the 2d Tuesday in May, 1844, and until others are elected and qualified.
Art. 2. Be it further enacted, that an election of civil and military officers shall be held annually on the second Tuesday in May in the several districts 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 per- sons, elected by the qualified voters at the annual election, who shall have power to grant pardons and reprieves for offences against the laws of the territory, to call out the military force of the territory to repel invasion or suppress insurrec- tion, 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 quoi'um 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 jus- tices of the peace. The jurisdiction of the supreme court shall be both appellate and original. That of the probate court and justices of the peace, as limited by law — provided, that individual justices of the peace shall not have jurisdiction of any matter of controversy when the title or boundary of land may be in dis- pute, or where the sum claimed exceeds 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
uo statute of Iowa Territory applies, tlie priueiples of comiiion 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 iu marriage — provided that where either of the parties shall be under the age of twenty-one, the eonseut of the parents or guardians of such minors shall be necessary to the validity of such matrimonial engagement. Every ordained minis- ter of the gospel of any religious denomination, the supreme judge, and all jus- tices of the peace, are hereby authorized to solemnize marriages, according to law, to have the same recorded, and pay the recorder's fee. All marriages shall be recorded by the territorial recorder within one month from the time of such marriage taking place and being made known to him officially. The legal fee for marriage shall be 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 organiza- tion, and transmit the same to the United States government, for their informa- tion.
THE MILITIA
Art. 1. Any person now holding, or hereafter wishing to establish a claim consisting of three or more companies of mounted riflemen.
THE LAW OP LAND CLAIMS
Art. 1. 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 territorial 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 pos- session of land shall be allowed one year from the passage of this act to file a de- scription of his claim in the recorder's office.
Art. 3. No individual shall be allowed to hold a claim of more than one square mile or six hundred and forty acres in a square or oblong form, accord- ing 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 w-ith 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 commun- ity — 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 5, 1843.
The legislative committee met again at AVillamette Falls, June 18, 1844, and daily transacted legislative business until June 27, when it adjourned to meet again on the thii-d Monday of December. 1844. The enacting clause of ev ​ery law
was: "Be it enacted by the house of representatives of Oregon territory." Among the laws passed at this session was an act to authorize John McLoughlin to operate a ferry at Willamette Falls; an act to prevent the inti-oduction, sale or manufacture of ardent spirits in Oregon; an act to prevent slavery in Ore- gon. 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 Wil- lamette Palls. P. Ermatinger and others sent in a petition to incorporate Ore- gon City, which was unfavorably reported upon by A. L. Love.ioy, the only law- yer in the legislature.
The second Executive Committee, composed of Peter Grant Stewart, Osborn Russell and Dr. William J. Bailey, elected May 14, 1844, presented to the adjourned meeting of the legislature on December 17, 1844, the following mes- sage. This is the first executive document in connection with the new govern- ment as far as now known:
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 lines, defining the limits of the separate claims of the United States and Great Britain, to this portion of the country, had not been agreed upon when our latest advices left the United States — and, as far as we can learn, the ques- tion now stands in the same position as before the convention in London, in 1818. At that time, the United States government proposed to draw the division line, on the 49th parallel of north latitude, from the Lake of the Woods to the Pacific ocean. To this Great Britain would only consent in part, that the line should run on the 49th parallel, from the Lake of the Woods to the dividing ridge of the Rocky mountains ; and it was finally agreed upon between the par- ties, that all the country lying west of the Rocky mountains, and on the Pacific ocean, should, with its harbors, bays, and rivers, remain open for ten years, to the vessels, subjects, or citizens, of both countries. But it was, at the same time, expressly understood, that the said agreement, was not to be construed to affect, or prejudice, the claims of either party, or any other power, to any portion of said country. Before this agreement expired another convention was held in London, in 1827, by the two contracting powers; by which the former treaty was extended, with the provision, that when either of the parties thought fit, after the 20th of October, 1828, to abrogate the convention, they were at liberty to do so, by giving twelve months ' notice to the other contracting party ; but noth- ing contained in the treaty of 1827, was to be construed, so as to affect in any manner the claims which either of the contracting parties, or anj' other power, might have to any of the country lying west of the Rocky mountains.
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,
imrlics; aihl mitit'c oL' tlir aluoji'Mt inn of the (•(iinciuidii of 1S27. liail not liceii given liy <'itlici- party, when our last, iui'ormatiou lel'l llic Uuilud States. And We lind that aflrr all the negotiations that have been carried on, between the United States and (J real Britain rehitive to settling their claims to this country from October, 1818, up to May, 1844, a period of nearly twenty -six years, the ques- tion n-niains in the following unsettled position, viz.: Neither of the parties in (|uestiou claim exclusive right to the country lying west of the Rocky moun- tains between the parallels of 42 degrees, and 54 tlegrees, 4U minutes 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 w'hole, without prejudice to the claims of any other state or power to any part of said country.
We have submitted to yon this information, gentlemen of tl;e assembly, for two i)articular 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.
2nd. That you may bear in mind, while legislating for the people of Ore- gon 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 citi- zens, withovit interfering with the real or pretended rights of the United States or Great Britain; except when the protection of life and property ac- tually require it.
We would suggest, for your information, that this government has now in possession notes given by different individuals residing in the country, amount- ing to .'f;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. 1841, 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 appro- priated to the benefit of the country; the government being at all times re- sponsible for the payment of them, to those who may hereafter appear to have a legal right to the same.
W(- would again call your attention to a measure recommended in our last communication, to-wit: The expediency of making provision for the erec- tion of a public jail in this country. Although the community has suifered very little as yet, for the want of such a building, and perhaps another year might pass without its being occupied, wdiich it is hoped might be the case; yet we ai-e 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 pre- pared to discontinue indolence and check vice in the bud.
We recommend to your consideration the propriety of making pi-ovision 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, to be so amended as to exclude corporeal punishment, and require bonds for good behavior in the stead.
We consider it a highly important subject that the executive of this govern- ment should have lavi^s V7hich 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 luna- tics and insane persons in Oregon.
With regard to the state of the treasury, we would refer you to the treas- urer'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 degrees, 40 minutes 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 coun- try, 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 vmited efforts of our increasing population, in a diligent atten- tion to agriculture, arts, and literature, of attaining, at no distant day, to as con^ spicuous 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 inter- est in its present and future welfare.
As descendants of the United States, and of Great Britain, we would 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.
TREASURER S REPORT
(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: ​
| Received of collector, in taxes | $313.31 |
| For licenses for two ferries | 40.00 |
| One fine | 5.00 |
| Total | $358.31 |
| Expended for stationery | $ 20.38 |
| Mr. Hathaway's house | 15.00 |
| 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 December 24, 1844, making Oregon City the oldest incorporated town on the Pacific coast, and the only town holding its charter from the provisional government.
The next session of the legislature was held at Oregon City beginning June 24, 1845. New men now began to appear in the government, among them Jesse Applegate, a native of Kentucky, but who came across the plains from Missouri in 1843, and for the first time the members of the legislature took an oath of office as follows, which oath was prepared by Mr. Applegate:
"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 faithfully demean myself in office, so help me God."
One of the first resolutions at this session was offered by W. H. Gray, authorizing the appointment of a committee of five to draft a memorial and petition, to the congress of the United States, setting forth the condition, situation, relation, and wants of this country.
The name of J. W. Nesmith appears in connection with government matters for the first time and before the legislature as "judge of Oregon." There is, however, no official record of his appointment or election. Nevertheless it is certain that he was appointed supreme judge of Oregon in December, 1844, to fill the vacancy caused by the resignation of Dr. Ira L. Babcock, and that on the first Tuesday in June, 1845, he was unanimously elected to the position of circuit judge, his name being on all the tickets—printed tickets, too—the first in Oregon—two copies of which he sent back to a relative living near Cincinnati, Ohio. This statement is based upon a letter written by Nesmith on June 27, 1845.
On June 28, 1845, Representative Garrison offered the following resolutions:
"Resolved, That whereas, the people of Oregon assembled en masse, did on the 2nd day of May, 1843, resolve that no tax should be levied upon this ​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, 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 legislative 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 W. H. Gray, and signed by Osborn Russell and P. G. Stewart, two members of the Executive Committee, by Judge Nesmith, Mr. Speaker, and all the members of the legislature, and then delivered 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 members being present: Applegate, Foisy, Garrison, H. A. G. Lee, B. Lee, W. H. Gray, Robert Newell, David Hill, Sidney Smith, M. M. McCarver, McClure and Straight. An election being taken to select a speaker — Gray received 8 votes; H. A. G. Lee, 2; and McCarver 1. 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 ways 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 properly 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 ​
THE CENTENN'IAr. HISTORY OK OIM<;(iON 189
liciK'tactor, as it is related of him, that, when he and his good wife were about slartiug 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 i-oukl not get along without "hog's 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, tiiiiiiMl hiose an unmitigated pest to all pastures, lawais, gardens and orchards.
<)ii August 15th, the legislative assembly shows its pronounced sentiment on two subjects by resolutions as follows:
"licsolvcd, That M. M. JlcCarver has been ojjposiMl to the organic law, as adopted by the people of Oregon, and contrary to the voice of this house in regu- lai- session, clandestinely, and in a manner unworthy the confidence reposed 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 con- trary to a direct vote of this house ; therefore,
'■// IS further resolved, That we disapprove of the course lie has pursued, and feel ourselves under the humiliating necessity of signifying the same to the United States government b.y causing a copy of this resolution to accompany those documents. ' '
Mr. Hill introduced the following :
"Resolved, That no pei-son belonging to the Hudson's 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 support the Provisional government.
On August 16th a bill was reported "to prevent litigation." If such a meas- ure was proposed to the legislature of the present day, the la\\yers and judges would be paralyzed.
On August 18th the house went into secret session to till the office of supreme judge for 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 to himself. After the United States assum.ed control and organized the territorial government, Mr. Burnett was ap- pointed one of the district judges, but declined the office, removed to California and became the first governor of that state.
The following are some of the proceedings for the ensuing session of the legis- lature for August 19, 1845 :
"On motion of ]\Ir. Barton Lee,
'■ h'l siilnd. Tli;it when this house adjourns tomoi'row night, it adjourns sine die.
"Oumotionof Mr. Hill,
"Resolved; Tluit 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 Cla ​district which resulted in the choice of P. G. Stewart for district judge for three years; Fred Prigg for two years, and F. W. Pettygrove 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 Tibbetts 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 Portland, 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 Samuel 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 the road to reach Portland and Oregon City.
On Friday, December 19, W. G. T'Vault was elected postmaster-general of Oregon. T'Vault, "Old T" as everybody called him, was a rare gem. Being a native of Kentucky, and coming from Arkansas, he had all the vernacular of the colored population, with an odd cargo of miscellaneous information and a limited amount of book education. Dryden might have had "Old T" in mind when he wrote:
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 the "Eminence of that evening," but fortunate for the comfort of Ore​
THE CENTENNIAL HISTORY OF OREGON 1<)]
goii's first ai3(l last iiostiiuister-general, he did not sco what the boys were hmgliiug about.
At the next annual session of the legislature, eoiunienced and held at Ore- gon City, December 1, 184, we get hold of the first governor's message to any legislature west of the Rocky mountains. Geoi-ge Abernethy, whose portrait appears on another page, had been elected governor at the previous election. "We give below the proceedings introdiicing the message and the document itself :
"The speaker announced a comnninication from the governor. The reading of the communication was called for, when Mr. Newell moved that the secre- tary of the territory read the communication. The speaker decided the motion out of order; whereupon IMV. 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, Sum- mers, T 'Vault and ilr. Speaker, 7. So the rules were not suspended."
The communication from the governor was then read as follows:
"To the Honorable the Legislative A.ssembly of Oregon,
"Fellow Citizens: The duty of addressing you at the opening of your ses- sion again presents itself.
"The duty of legislating, for the welfare and happiness of the community, again devolves upon 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 ex- tract from the Polynesian, a paper published at the Sandwich Islands, of the 29th of August, last: —
" 'The senate ratified the treaty upon the Oregon (piestion, by a vote of 41 to 14.'
"This the Polynesian credits to the New York Gazette, and Times, of the 10th of June; showing that a treaty had been entered into, and probably con- eluded, between the two governments. The provisions of the treaty are not yet known to us in Oregon, farther than what we eaji gather from the letter of Mr. George Seymour, the British commander-in-chief in the Pacific, to the agents of the Hudson's Bay Company at the Sandwich Islands, being an extract of a private letter from A. Forbes, Esq., consul at Tepic, to George Seymour:
" 'I send you an American newspaper, which ilr. 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 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, 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, speak- ing 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 senti- ments 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 en- joying the protection of, the Stars and Stripes of our loved country, and, ere long, we maj^ reasonably hope, be added to the brilliant constellation of states.
"The law establishing the postoffice department needs altering, very ma- terially. 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 the 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,, aris- ing from the receipts of the office, will nearly or quite pay the expenses.
"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 post- pone 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 be no doubt in the mind of anj' 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 mth us during the winter if they were sure of obtaining a good pilot to bring them 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, landmarks 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 seamen are at liberty to leave their vessels and secrete themselves among the in- habitants, or be provided for and be protected by them until their vessels leave, we can never hope to see vessels frequent our ports for the purpose of refitting
THE CENTI<:NNIA1. IIISTOKY of ORKCiON 198
and obtaining supplies. T, therefore, rei-onnuend that a lieavy penalty be im- posed 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 belont; to and the lives and property on board, depend on th^r faithfully tilling 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 hei"e to supply their places), runs great risks in working out of our harbor, a risk that shipmates and shipowners 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 arrangements.
"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 18th of August last, the work no doubt of an incendiary. A reward of $100.00 was immediately offered, but as yet the offender has 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 yeai's, 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 In- dian 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 be devised by which their villages can be surveyed, and stakes set, inside of which the whites may not be permitted to en- ter 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 will be arranged by him; but until he arrives I deem it necessary that some pro- vision 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 traveling 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 num- bering over one thousand souls. This is accounted for by a great part of the emigration turning off to California.
"We trust that those coming among us may have no cause to regret the de- cision that brought them to Oregon. 1 would call your attention to the subject of education, without which no country can be prosperous; it, therefore, becomes ​
Vol, 1—13
the duty of the legislature to provide liberally for the education of the rising generation. I am happy to say that the past year has amply repaid the tiller's toil. Our harvest has been abundant, and the season for gathering in the crops was dry, enabling the farmer to secure the reward of his labor free from injury. During the past season we have enjoyed throughout the territoiw, the blessings of health ; these blessings and mercies call for our gratitude. May we ever feel our dependence on the Divine Being, through whom we receive them, afid our prayers continually ascend to him for wisdom to guide us in the important duties to which we are called.
"George Abernethy. "Oregon City, December 1, 1846."
On motion of Mr. T 'Vault, the governor's message and accompanying docu- ments 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 ques- tions 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 5, 1846, Representative T 'Vault reported from the judiciary committee a bill to regulate the writ ad quod damnum; which was suiScientlv learned and profane to suit the most fastidious member of the Oregon Bar As- . soeiation.
On December 9 the legislature passed the following resolution :
'^Resolved, That the select committee on the national railroad be instructed to memorialize the congi-ess of the United States on that suject." 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 con- nection across the continent thirty-seven years later by the hands of Henry Vil- lard, via the Columbia river, Spokane and St. Paul.
On December 17, 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, December 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 territorJ^ Heretofore, every act of the legislatiire has been, as far as ardent spirits were concerned, prohibitory in character. The act before me is the first act that has in any man- ner 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 intro- duction, sale and distillation of ardent spirits in Oregon ; and as far as my knowl- edge 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 ​
THE CENTENNIAL HISTORY OF OREGON 1%
iiisi'i-lioii 1)1' till' 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 riglit 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 se.ssion of 1845 be re- pealed ; 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 sale of liquor, and this is probably the strongest argument used in the defense of your bill. But do you not as effectually prohibit ever}' 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 pi'oposed 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 alcoholic drinks. "We are in an Indian country ; men will be found who will supply them with licjuor 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 foretell 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 insan- ity, two-thirds of the pauperism and three-fourths of the crimes of Great Brit- ain, may be directly traced to the use of alcoholic drink. The testimony of our most eminent judges in the United States, shows that the same proportion of crime is attributable to ardent spirits in that country. Statistics might be pro- duced showing the enormous evil and expense of an indiscriminate use of liquor.
"As to revenue, the small amount received for licenses, instead of being rev- enue, would be swallowed up in the expenses attending trials for crimes, etc., 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 solitarj^ prison in the land in which to confine offenders against the laws, and consequently no way of enforcing the penalties of the law. I think these things should call for calm and serious re- flection, 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 sim- ilar 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 ynu 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.
"Geoege Abernethy. "
treasurer's report
State of the Treasury, December, 1846
Funds in hand
Amount due by George Abernethy, per account $ 81.54
Amount due by John H. Couch 16.92
Amount due by F. W. Pettygrove 11.27
Amoi^nt due by H. B. Gomp (Fort Vancouver) 16.42
$ 126.15
LIABILITIES
Amount due H. B. Comp (Oregon City) $ 140.94
Amount collected of estate of Ewing Young 2,815.00
Scrip outstanding at this date, not paid 1,879.64
$4,835.59 Receipts since December 1, 1846, to date.
Taxes from John R. Jackson, sheriff Lewis county $ 24.48
Taxes from John R. Jackson, sheriff Vancouver county 57.73
Taxes from Wm. 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 1, 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 Honc/rable the Legislative Asseinbly of Oregon Territory,
' ' Fellow Citizens : Contrary to the expectation of all who reside in this territory, 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 ​
THK CKNTEN.XlAlj HISTORY OF OREGON 1U7
.jurisdiction of the United States ovei- 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 I'ais- lug a more extensive revenue. The laws should be published in a convenient L'orm; a fund set apart for treating with Indians, and many other things pro- vided 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 associated.
' ' This being the first session of the present congress, they will have more time to devote to the formation of a government for this territory than at the last ses- sion. The probability is that peace between the United States and Mexico will have been restored, and relieve congress from the care, and anxieties attendant upon a war, and also relieve the government from the very heavy expense which must necessarily attend the carrying on of a war. These things lead to the hope that among the first acts of congi-ess 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, has 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 ten'itory 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 yoiir 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 legal tender. The legislature added treasury drafts and orders on solvent merchants. I would rec- ommend the repeal of that part of the act which makes treasury drafts and orders on solvent merchants a lawful tender — receiving treasury drafts, how- ever, 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, liut our population is increasing rap- idly and spreading over a large extent of country: new counties have been formed, and probably in a shoi-t time others will be set off and lands taken up still further from the tci-rit(iriri! recorder's offirc tliaii at tlio pr(>s<'nt time Tii ​
198 s THE CENTENNIAL HISTORY OF OREGON
view of this, I think it advisable that j^ou propose an amendment to the organic law, making the clerk of the coiTnty court recorder of all land claims located within his count}', and dispense with the office of territorial recorder.
The act entitled "An act to regulate the mantifacture and sale of wine and distilled spirituous liquors, ' ' passed at the last session of the legislature, I would recommend for revision. An act to prevent the introduction, manufacture, and sale of ardent spirits in Oregon, would be far more preferable to a majoritj' of the people of this territory. In our early history ardent spirits were unknown among us ; every effort was made to keep it out of the territory, and, to a great extent, successfully, until 1846, when, owing to the defects in the law passed at the session of 1845, some persons violated the statutes, and liquor was made and sold in the territory; but it was not done openly, nor carried on to any great extent. The last legislature licensed the manufacture and sale of ardent spirits. I hope the present legislature will repeal the license law. Would it not be better to have the law opposed to ardent spirits, than to have the manu- facture and sale of it legalized by the statute ? It is argued by some persons that you have not the right to put it down, and by others, that it is interfering with the liberties of the people, and depriving them of their rights. I think you have the right to prevent its introduction; no one can dispute your right to regulate it down to the medical profession. AVith regard to taking away the liberties of the people, prohibitory laws are passed by all legislatures. I will simply give one instance. In a law of Massachusetts, passed March 23, 1833, it is declared that any person who shall, in violation of the law, sell a lottery ticket, or knowingly suffer one to be sold, in anj' building owned or rented bj' him, within the commonwealth, he shall forfeit and pay a sum not less than one hundred, nor more than two thousand dollars; and that if any person, after con- viction, shall repeat the offense, he shall be sentenced for e^-ery subsequent offence, to labor in the house of correction, or in the common jail, for a term of time not less than three months, nor more than twelve months. This was not considered by the people as taking away their liberties, though it deprives some of the liberty of ruining themselves, and others from making monej^ out of their ruin. And is not this statute founded in the true principles of legislation, not to license evil, but to defend the community from it ? Other states have passed similar laws. When a crime is committed by any person when under the influence of liquor, where does the responsibility rest? The individual, when sober, informs us he did not know what he was doing ; the seller says, I have a license to sell liquor, and sold it to him according to law. AVould it not be for the interest of the territory to take away this plea from the seller? The license system throws a bulwark around the dealer in ardent spirits, behind which he entrenches himself. Remove this bulwark, place the law against him, and public sentiment will put him down. The temperance cause is an onward one ; we hear of state after state deciding through the ballot box, that no license to sell liquor shall be gi-anted within its bounds ; and the supreme court at Wash- ington, to which several cases had been carried from the circuit courts arising from the liquor question, decided at the last term of the court that the states have a right to regulate the trade in, and the licensing of, the sale of ardent spirits.
Our organic law saj'S that the legislature shall have the power to regulate the ​
. THE CENTENNIAL IIISTOUY OF OREGON I'.Hl
introdiu/tioii, inaiiuraetui'r, or .sale, of ardent spirits. In tlie L'liited Slates, some of the .states prohibit the granting of licenses. The supreme court says the states have the right to reguhite the licensing of the sale of ardent spirits, and, under the right to regulate, the states j)rohiI)it and the court upholds thcin in it.
The question, shall the license system be continued, or shall the introduction, manufacture, and sale of ardent spirits, be prohibited? is in your hands; anil. I hope, in deciding upon it, you will take the happiness and future prosperity of the territory into your consideration. You are well aware of our situation, with regard to the Indian population, and have seen the effect liquor has upon them. You may have heard them say, if the "Boston people would not furnisli us liquor, we would not become such fools!" I leave the question with you, sincerely hoping that, should we come under the jurisdiction of the United States, the coming year, we may be found with a law on our statute books prohibiting the sale of ardent spirits in' this territory.
'"Our relations with the Indians become 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 saj' 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 In- dians about him. Some plan should be devised by which a fund can be raised and presents made to the Indians of suiBcient value to keep them quiet until an agent arrives from the United States. A number of robberies have been com- mitted by the Indians in the upper country upon the emigi'ants, as they were passing through their territory. This should not be allowed to pass. An ap- propriation 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 appropriation 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 Cas- cades, and scattered themselves over the territory. The most of them are farm- ers and nid'hanics: 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 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 al- ready visible. The able pilot at the mouth of the river has made himself thor- oughly acquainted with the channels and currents, thus diminishing the dangen 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 reaping 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 blessings of health, peace and prosperity. May we continue to merit His mercies by ac- knowledging our dei^endence on Him and keeping His law before us.
"Geo. Abernethy. "Oregon City, December 7. 1847."
On December 17, 1847, Joseph L. Meek was appointed messenger to carry the news of the Whitman massacre to Washington Citj-, and lay it before con- gress, and resigned his seat in the legislature and made that remarkable trip by hoi'sebaek across the continent 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, will show the troubles of that officer in financing the treasury of Oregon, in fighting the In- dians 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 $250.00. I consented to give bonds to that amount and did so, but in a few days I was called upon bj' different persons for bonds for a very large amount. I refused to execute bonds to them until I could see the other two commissioners, and when we met together it was thought best not to give any more bonds for any prop- erty, as we knew nothing about it ; so, for these reasons we refused to give bonds for any more of the property taken at The Dalles by the commissarj' general.
' ' There is another matter I wish to explain ; it is this : When I commenced to coUect 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 verj- much wanted to make roads for wagons to pass up the Columbia river. Philip Foster had subscribed $50.00 to be paid on the stores, and John B. Price, $25.00, 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 $50.00. Mr. Price gave me $18.75, and I gave him a bond for $25.00. This I did for the best. But should your honorable body third? 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 pai'ticular 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 associates know nothing of the mat- ter. The commissary general or his agent, A. J. Hembi-ee, Esq., obtained a loan of $196.50, or thereabouts, from Thomas Justins, for which they agreed to get him a bond for $216.33. I first refused to give the bond for that amount, but
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"Owing to the resignation of Gen. A. L. Lovejoy as one of the commissioners, and the absence of Dr. W. H. Willson, 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 14, 1849. the legislature amended the oath of office of the provisional government from the form set out on a preceding page to the following:
"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 in office, 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. It is probable that that action was taken through the influence of Samuel R. Thurston.
The last acts of the legislature and of 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 ad.iourned sine die, and passed into history as the first and only state forming and successfully carrying on a provisional government on the American continent. And having during its existence of six years, two months and 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, and all other things that any American state could do.
That the Americans long and earnestly sought to have the Canadians unite with them in organizing a provisional government is proved by the statements of John McLoughlin. In a statement prepared by McLoughlin, evidently to make clear his record, but not published in his lifetime, a copy of which was published by Mrs. F. F. Victor in the Quarterly of the Oregon Historical Society, June, 1900, Dr, McLoughlin says:
"In the spring of 1842 the Americans invited the Canadians to unite with ​o unite with
them and organize a temporary government, but the Canadians, apprehensive it might interfere with their allegiance, declined, and the project, which origi- nated with the (Methodist) mission, failed. * * * Jn 1843 the Americans again proposed to the Canadians to join and form a temporary government, but the Canadians declined for the same reason as before."
But after thus twice refusing to join with the Americans and after the or- ganization had been completed and declared that joining the provisional govern- ment would not require any person to abjure their allegiance to any other gov- ernment or king. Dr. McLoughlin gave his support to the provisional govern- ment and asked favors and franchises of it.
The record now given of this pioneer legislature seems sufficient to show the character of the men and measures of the pioneer provisional government of Oregon, every session of which was held within the territory this history is to cover.
Especial attention is called to the fact that this "Independent" govern- ment, called "The Provisional Government," was organized by the plain, com- mon people of the western states in a wilderness two thousand miles distant from an American state or British colony. So far as is known, not a single man tak- ing part in the movement had ever had any experience in legislative or state con- cerns before. While it is possible that there were fifty or more men in the "Wil- lamette valley who did not participate in the primary organization, yet as the record stands there were practically as many men opposed to the organization as favored it. There were quite a number of Americans about Oregon City (then called "The Falls") who did not take interest in the matter or were afraid to incur the displeasure of the fur company, and did not attend the Champoeg meeting.
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 all the security and ran all the risks of the in- vestment. The rooms of the Oregon Historical Society furnish mute but incon- testable 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.
The pioneers took little thought of wealth and station. They passed over mil- lions of gold in Baker, Union and Grant counties, and on to the Willamette val- ley, to found a state on just laws that should honor and bless mankind after all the gold has been worn to 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 Pierns, 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 prevented ​
THE CENTEiNNIAL HISTORY OF OREGON 203
from coiuiug. Hence as oui* laws are extremely mild, they ought not to be ob- scured by ambition and self-interest."
Had our illustrious pioneers who set up a government at Champoeg on May 2, 1843, had a copy of this royal message before them, they could not have pro- ceeded with more thought and consideration for that piece of kingly wisdom, than they did.
All the actors in this tempoi-ary 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 aspi- rations for power and place. The welfare of each and all of the 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 rec- ord, in comparison with the state governments we have had since the provision;]] 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, unpre- tentious citizen, with common sense for talent, and unswerving integrity for mo- tive power, he faithfully, steadily, courageously and conscientiously steered the little craft through all the dangerous rocks and shoals and buffeting storms of rival sectarianism, Indian wars, British intrigues and opposition, until the in- fant state was safely housed within the aegis of the great republic.
The greatness of these brave pioneei's and the grandeur of their great achieve- ment has been yet scarcely recognized or appreciated. But as time rolls on the genius and .iustiee of the laws and institutions, which these men founded, will be seen to be far greater than any possible material prosperit.y, 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.
"0 strange new state, that yet was never young, Whose youth from thee by gripping need was wrung ; Brown foundling of the woods, whose baby bod 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 iipon a vassal ocean's 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 device can't nninnko the real iiinii."
Of the forty xVmericans that came over the mountains and settled in the Wil- lamette valle.v in 1842, only six — Hugh Burns, Medorem Crawford, Allen Davie, Reuben Lewis, John L. Morrison and J. R. Robb — attended and took part in the meeting for organization. And those who opposed the organization — the Hud- son's Bay Company — could have destroyed it at any time. John ^leLoughlin ​
was practically the governor of Oregon at that time ; and yet he raised neither voice or hand to defeat the Amei-ican organization; and soon after the little ship of state was launched he applied to it for a franchise to operate a ferry below the Palls of the Willamette.
The Americans did not forget his consideration for them, and when a bill was proposed in the provisional legislature on August 15, 1845, to disfranchise all the Hudson 's Bay Company men, it was promptly voted down ; and the legisla- ture went farther and amended the oath of membership in the provisional -gov- ernment so as to make it read : ' ' That I will support the organic laws of the pro- visional government of Oregon so far as thej' are consistent with my duties as a citizen of the United States, or suhjeet of Great Britain." When the British Agents Warre and Vavasour visited Oregon in 1845, they reported that, although the British and Canadian population had protested against the formation of the provisional government, yet in their opinion it was the judicious course for aH" parties to preserve the peace and promote the prosperity of the comnuinity at large.
It would be intensely interesting if the men who formed this unexampled government on the American continent could be called before the reader for his personal acquaintance. It is safe to say that it was formed by a motley non- descript, unconformalile lot of men who could not have worked harmoniously together for anj' other purpose. Self-preservation brought them together and compelled them to work together for a common and noble object. That they could bury their personal peculiarities and prejudices and risk everything for the common good of all, and work with might and main to carry out a great patriotic work and purpose, shows that the founders of the provisional govern- ment were the real heroes, and theirs ' ' The Heroic Age of Oregon. ' '
The independent element was made up of mountain men like Joseph L. Meek and Robert Newell, with whom were co-operating the sea-rovers, independent trapi^ers 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 everj'where. They had courage, in- dependence 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 commnnitj', and while not always politic or judicious, was alwaj's an agitator — William IT. Gray. Gray wanted a gov- ernment that would oppose the Catholics. Newell and Meek wanted a govern- ment 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 theidiplomatic !uove- ments of the rival factious in this little community of a hundred men 2000 miles distant from any organized county or state. That the Americans earnestly de- sired the Canadians to go in with them for organization is too plain to dispute. For at the outset the Canadians were freely appointed in the preliminary com- mittees, and meetings were held at the houses of the Canadians. But the Cana- dians, being Catholics, accepted and trusted the leadership of their i-eligious teacher, Blanchet. Blanchet was a subject of Great Britain, and a stipendiary of the Hudson's Bay Company. He was therefore legally and in honor liound to ​
TIIIO CENTKNXIAL IIIS'I'OI.'Y OK OREGON 205
support the interests that were opposed lo ii possible American organization. .Vnd tile address prepared by him, and signed by all Ihe Canadians, was the most adroit and diplomatic document that could have been constructed for that occasion. It was Ml of fair dealing, patriotism and good-fellowship — yet it was clearly against an American organization. And the harmonious acceptance lit 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 insjjir- iiig 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 bet- ter than any other man in Oregon whom he had to deal with. We are warranteil 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, wfio of all others most desii-ed 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 HISTORIC SITE
To preserve for all time the historic site of the birth place of the first Ameri- can government on the Pacific coast, and all the glorious memories that cluster around it, Joseph Buchtel, of Portland, one of the patriotic pioneers of 1852, has devoted much time to raising the means to secure a tract of 12 acres of land at Champoeg, ad.joining the monument erected there in 1901 to honor the memory of the pi-ovisional government convention of May 2, 1843 ; the additional ground to be used as a state park for celebrations and pioneer gatherings. The purchase of this land has been effected by ilr. Buchtel aided by a number of friends, and the deed is being held in escrow until the state makes an appropria- tion to cover the cost.
"No event in the historj' of the Northwest was so impoi'tant as the convention at Champoeg in 1843," says Mr. Buchtel, "which saved all this country to the United States. The ground ought to be secured, and will be secured, in com- memoration of the event and the men who voted to retain the country under the .iurisdietion of the United States Government." ^
1 The movement for the monument and paik eonimentcil with a few members of the I irijxon Historical Societv — F. V. Ilolmon. i[. C. George.